Regular Meeting
The
Staff Members Present:
2 and 3.
The Pledge of Allegiance was recited, and the meeting opened with an
invocation by Pastor Don Brown of the Village Church of
4.
Agenda Adjustment: The
Motion
By: Dickson
Second
By: Atwell
Vote: Unanimous
Items
Added to the Agenda: None.
Agenda
Items Removed: None.
Other
Changes: None.
5a.
Recognition of Outgoing
Action:
None.
5b.
Hurricane Katrina Relief Efforts Recognition -
Mayor Sears reported that the Town of
Mayor Sears said that during the Storm
Aid and events that were held in September, citizens of
Mayor Sears said that everyone did a
great job, and he accepted the plaque on behalf of the citizens of the Town.
Action:
None.
5c.
Mr. Volpe asked for the Town’s recommendations or feedback on
ways the Chamber could better serve the town.
Action: None.
6a. Public Hearing: 05-GPA-06 and 05-REZ-16, Townhomes at Avent
Acres - Mr. Jones explained that this request is made
by the Town of
Mr. Jones said
that staff and the Technical Review Committee felt that the property should be
rezoned to R-MF-8, the town’s townhome district, and that a growth plan
amendment should occur for the property to be designated as very-high density. He said that with this rezoning to the
appropriate zoning district, in the event that any of these homes were ever
destroyed, then the homes could be rebuilt.
Mr. Jones said both staff and the Planning Board recommend approval.
With that explanation completed, Mayor Sears opened the
public hearing to accept input. The
following comments were recorded: None.
There being no comments, the public
hearing was closed.
Action
#1: The
Motion By:
Dickson
Second
By: Atwell
Vote: Unanimous
Action
#2: The
Motion By:
Dickson
Second
By: Atwell
Vote: Unanimous
6b.
Public Hearing: 05-SEU-14, Holly
Ridge Middle School - Mr. Hammerbacher said that the
Town had received Special Use Exception application 05-SEU-14 from Wake County
Public School System requesting that the Town allow a six-classroom modular unit
to be located at Holly Ridge Middle School, 900
Mr.
Hammerbacher said the proposed mobile unit would be located along the east side
of the outdoor basketball courts adjacent to the Middle School.
Mr. Hammerbacher said both staff and the
Planning Board
recommend approval with conditions.
With that explanation completed, Mayor Sears opened the
public hearing to accept sworn testimony and qualified evidence. The following testimony was recorded: None.
There being no testimony, the public hearing was closed.
Action #1: The
a. The proposed use will not be injurious to the public health, safety, comfort,
community moral standards, convenience or general welfare;
b. The proposed use will not injure or adversely affect the adjacent area;
c. The proposed use will be consistent with the character of the district, land uses authorized therein, and the Town
of
d. The proposed use shall conform to
all development standards of
the applicable district (unless
a waiver of such development standards is requested as
part of the special exception use petition
and approved as set forth above, in which case the proposed use shall conform
to the terms and conditions of such waiver).
e. Access
drives or driveways are or will be sufficient
in size and properly located to: ensure automotive and pedestrian safety and
convenience, traffic flow as set forth in Section 7.09 – Pedestrian Circulation
and Vehicular Area Design; and, control and access in case of fire or other
emergency;
f.
Off-street parking areas, off-street loading areas, trash enclosures, trash pick-up and
removal, and other service areas are located so as to be safe, convenient,
allow for access in case of emergency, and to minimize economic, glare, odor,
and other impacts on adjoining properties and properties in the general
neighborhood;
g. The lot, building or
structure proposed for the use has adequate restroom facilities,
cooking facilities, safety equipment (smoke alarms, floatation devices, etc.),
or any other service or equipment necessary to provide for the needs of those
persons whom may work at, visit or own property nearby to the proposed use;
h. Utilities, schools, fire, police and
other necessary public and private facilities and services will be adequate to
handle the needs of the proposed use;
i.
The
location and arrangement of the use on
the site, screening, buffering, landscaping, and pedestrian ways harmonize with
adjoining properties and the general area and minimize adverse impacts; and,
j.
The
type, size, and intensity of the proposed use (including but not limited to such considerations as the
hours of operation and numbers of people who are likely to utilize or be
attracted to the use) will not
have significant adverse impacts on adjoining properties or the neighborhood.
Motion by:
VanFossen
Second By:
Atwell
Vote:
Unanimous
A copy of Special
Exception Use application 05-SEU-14
entered into the record by the applicant and addressing the findings of facts is
incorporated into these minutes as addendum pages.
Action #2: Having made the findings of fact that the project meets the
requirements to be granted a Special Exception Use, the
a. All dead and missing landscaping is
to be replaced and/or installed in accordance with the original approved plans.
a.
Due
to the drainage pipe being relocated with this project, provide signed and
sealed calculations and written explanation of the cubic feet per second of
flow existing and the cubic feet per second of the post proposed flow.
a.
On previously approved Holly Ridge Elementary & Middle School
Modular Units, there was a condition of approval about S&EC and stormwater
issues for this site. Documentation that
this has been satisfied must be received prior to construction drawing
approval.
Motion by:
VanFossen
Second By:
Womble
Vote:
Unanimous
The
Motion by:
Atwell
Second By:
Dickson
Vote:
Unanimous
6c. Public Hearing: 05-SEU-15,
He said in the application’s response to
the findings of fact indicates that no more then two to three clients would be
present at the facility at any given time.
Mr. Hammerbacher said staff and Planning Board recommend approval with
conditions.
Ms. Sudano said that the driveway is a shared access for
both properties.
With that explanation completed, Mayor Sears opened the
public hearing to accept sworn testimony and qualified evidence. The following testimony was recorded: None.
There being no testimony, the public hearing was closed.
Action #1: The
a.
The
proposed use will not be
injurious to the public health, safety, comfort, community moral standards,
convenience or general welfare;
b.
The
proposed use will not injure or
adversely affect the adjacent area;
c.
The
proposed use will be consistent
with the character of the district,
land uses authorized therein,
and the Town of
d.
The
proposed use shall conform to all development
standards of the applicable district
(unless a waiver of such
development standards is
requested as part of the special
exception use petition and approved as set forth above, in which case
the proposed use shall conform to the terms and conditions of such waiver).
e.
Access drives or driveways are
or will be sufficient in size and properly located to: ensure automotive and
pedestrian safety and convenience, traffic flow as set forth in Section 7.09 –
Pedestrian Circulation and Vehicular Area Design; and, control and access in
case of fire or other emergency;
f.
Off-street parking areas, off-street loading areas, trash enclosures, trash pick-up and
removal, and other service areas are located so as to be safe, convenient,
allow for access in case of emergency, and to minimize economic, glare, odor,
and other impacts on adjoining properties and properties in the general
neighborhood;
g.
The
lot, building or structure proposed
for the use has adequate
restroom facilities, cooking facilities, safety equipment (smoke alarms,
floatation devices, etc.), or any other service or equipment necessary to
provide for the needs of those persons whom may work at, visit or own property
nearby to the proposed use;
h.
Utilities,
schools, fire, police and other necessary public and private facilities and
services will be adequate to handle the needs of the proposed use;
i.
The
location and arrangement of the use on
the site, screening, buffering, landscaping, and pedestrian ways harmonize with
adjoining properties and the general area and minimize adverse impacts; and,
j.
The
type, size, and intensity of the proposed use (including but not limited to such considerations as the
hours of operation and numbers of people who are likely to utilize or be
attracted to the use) will not
have significant adverse impacts on adjoining properties or the neighborhood.
Motion by:
Womble
Second By:
Atwell
Vote:
Unanimous
A copy of Special
Exception Use application 05-SEU-15
entered into the record by the applicant and addressing the findings of facts is
incorporated into these minutes as addendum pages.
Action #2: Having made findings of fact that the
project meets the requirements to be granted a Special Exception Use, the
Motion by:
Atwell
Second By: Dickson
Vote:
Unanimous
The
Motion by:
Atwell
Second By:
Dickson
Vote:
Unanimous
6d.
Public Hearing: 05-DP-09,
Wildacre - Mr. Hammerbacher said the Town had received
development plan 05-DP-09 for Wildacre seeking approval of the subdivision of 417 acres into 1,107 residential lots. Mr. Hammerbacher said the development is
broken down into 10 separate residential tracts, each tract with its own
development standards, such as the lot sizes, setbacks, and the number of dwelling
units.
Mr. Hammerbacher said the plan is
proposing a total of 1,110 residential units, with 751 single-family detached
lots and 359 attached units. He said the
applicant would be required to submit a development plan and a public hearing held
for the future 359 attached dwelling units, and a development plan for the
future recreation site also would be required.
He said the future multi-family dwelling units would be subject to
R-MF-15 architectural standards.
Mr. Hammerbacher explained that the plan calls for 110 5,000-square-foot
lots within an approximately 20-acre tract of the development, which accounts
for ten percent of the overall lots. He
said the average lot size within this tract would be approximately 5,700 square
feet.
He said that a tract of 70 acres has a minimum lot size of
7,500 square feet while the average lot size within this tract is approximately
10,500 square feet with a total of 231 single-family detached lots.
The remaining single-family detached lots within the
development would have a minimum lot size of 10,000 square feet or greater, and
the average lot size for these tracts is 15,615 square feet with a total of 410
lots.
He said the plan notes that lots may be transferred from
tract to tract, but the overall number of 5,000 square foot lots may not exceed
ten percent of the overall development, and the total number of lots may not
exceed 1,107.
Mr. Hammerbacher said that approximately 35 acres of the 417-acre
development is within an area reserved by NCDOT for the future I-540 outer
loop. He said the plan indicates that
this area may be utilized as a temporary soccer field until construction of the
eastern loop commences. The plan also
indicates an approximately 70-acre tract to be utilized as open space located
on the southwestern portion that may be dedicated to the Town as a public park.
Mr. Hammerbacher said staff and Planning Board recommend approval with
conditions.
In discussion, Mr. Hammerbacher said the plan indicates that
vinyl siding would not be permitted within the development. He said the plan also states that “mass grading
and clear cutting within residential areas shall not cumulatively exceed 35% of
the total site area.”
There was much discussion among the
With that explanation completed, Mayor Sears opened the
public hearing to accept input. The
following comments were recorded:
Chuck Smith of Withers and Ravenel,
Mr. Smith said that the engineer working on
this project could monitor the clear-cutting of the development and submit a
report of the percentages to town staff.
Karl Blackerly of 100 Weston
There being no further comments, the public hearing was
closed.
After further discussion it was determined that the
Action #1: The
1.
The use of area properties will not
be adversely affected.
2.
The proposed development will be in
compliance with the Minimum Development
Requirements set forth in UDO Section 2.09, B.
3.
The proposed development will be in
compliance with the provisions of UDO Section 2.09, C., 1.
4.
The proposed development will be in
compliance with the Additional Development
Requirements set forth in UDO Section 2.09, C., 2.
5.
The proposed development will be in
compliance with the applicable project
open space requirements
set forth in UDO Section 7.10 – Open Space Regulations of the UDO.
6. The proposed development is appropriate to the site and its surroundings
and the existing grading and vegetation will be preserved in keeping with
building practices and mass grading and clear cutting within residential areas
shall not cumulatively exceed 35% of the total site area.
7.
The proposed development is
consistent with the policy statements of the Comprehensive Plan.
8.
The proposed development is
consistent with the intent and purpose of this UDO.
Motion by:
Atwell
Second By: VanFossen
Vote:
Unanimous
Action #2: Having made findings of fact that the project meets the
requirements to be granted a waiver, the
Motion by:
Atwell
Second By: Womble
Vote:
Unanimous
Action #3: The
1.
The granting of the waiver will
not be detrimental to public safety, health or welfare or injurious to other
property:
2.
Conditions upon the request for a waiver
are unique to the property for which a waiver is sought and are not
applicable generally to other property:
3.
Because of the particular physical
surroundings, shape or topographical conditions of the specific property
involved, a particular hardship to the owner would result, as distinguished
from a mere inconvenience, if the strict letter of these regulations is not
carried out:
4.
The waiver will not
contravene the provisions of this UDO or the Comprehensive Plan:
5.
Where the waiver impacts on
the design, construction or maintenance obligations of public facilities, that
the appropriate public agency has reviewed and approved the proposed development
in writing and the subdivider has submitted a copy of such approval:
Motion by:
Dickson
Second By: Womble
Vote:
Unanimous
Action
#4: Having made findings of fact that the Petition meets
the requirements, the
Motion by:
Dickson
Second By: Atwell
Vote:
Unanimous
Action
#5: The
1.
A
UDO permit for sign installation in addition to all other applicable permits
will need to be secured prior to any sign installation.
2.
Developer
agreement between the developer and the Town will be prepared for this
project. The developer agreement should
follow the same schedule so that both are reviewed by the Town
a.
It is anticipated that there will be a
developer agreement negotiated for the project that will possibly include a
Middle Creek bridge connection downstream, upstream and off-site sewer lines,
and off-site right of way acquisition to accomplish other entrance locations.
b.
The
following items should be provided for preparation of the agreement: Provide a
development schedule identifying how phasing will occur and timing of when
access points will be constructed.
c.
The
developer is to convey ±25 acres to the Town as specified, grade ±11 acres for
athletic fields, grant greenway easements for ± 11,000 feet of trail and
construct the greenway trail. The
remaining ± $100,000 in fees will be used as contingency on the greenway
construction. Specific details are to be
worked out with the Director of Parks & Recreation.
a.
The
TIA for this project has been received by the Town and is currently under
review.
b.
The
hydraulic analysis has been received by the Town and is under review.
c.
The
sewer report has been received by the Town and is under review:
i.
A
sealed sewer report will need to be provided that uses the interceptor sewer
flow information (field collected) that was provided to the applicant on
ii.
Taking
the Turner Road Pump Station off-line should be evaluated with the sewer
report.
a.
Payment
of fees-in-lieu of land dedication in the amount of $874/unit.
b.
Covenants
shall be submitted which document the maintenance of all required landscape
buffers and open space.
c.
The
developer will meet with Planning & Zoning staff to ensure that the
provisions of §2.09, 2., d., (2), (b), (i) Interior Streetscapes of the UDO,
for the establishment of a variable building line are provided for on the plat.
a.
Provide
supporting calculations for drainage.
b.
Verify
amount of environmental impacts and if an Individual Permit (IP) will be
required. Also, provide information for
when the IP will be secured. Per
discussion in developer’s conference, this will need to be secured before
approval of first set of construction drawings.
c.
Field
location of tiger salamander breeding pool #9 and shown in the Goldstein Study
will need to be shown on construction drawings as well as notes reflecting
Goldstein Study recommendations stated in the
d.
A
public access will need to be provided via the future townhome site to the
Stephenson Property. Public right of way
stub to the McQueen property will also be required with Tract H submittal.
e.
NCDWQ
letter dated
f.
Public
easement will be required for water line along Heritage Meadows Lane.
g.
Confirm
that the ability to use the private access easement for the development of
Tract K. Provide
documentation to verify this with 1st construction drawing
submittal.
h.
A
preliminary flood study has been reviewed by the Town and comments forwarded to
the applicant. An updated flood study
will need to be submitted reflecting updated field surveyed data and addressing
comments made during flood study review.
i.
Provide
documentation of all required offsite sewer easements.
j.
The proposed development is appropriate to the site and its surroundings and the existing grading and
vegetation will be preserved in keeping with building practices and mass
grading and clear cutting within residential areas shall not cumulatively
exceed 35% of the total site area.”
Motion by:
VanFossen
Second By: Womble
Vote:
Unanimous
6e. Public Hearing: Annexation Ordinance A05-17 – Mr. Jones explained that the Town has received a petition for voluntary annexation of
367.49 acres located along
With that explanation completed, Mayor Sears opened the
public hearing to accept input. The
following comments were recorded: None.
There being no comments, the public hearing was closed.
Action: The
Motion by:
VanFossen
Second By: Atwell
Vote:
Unanimous
A copy of Annexation
Ordinance A05-17 is incorporated into these minutes as addendum pages.
Ms. Sudano reviewed with the
6f. Public Hearing: Annexation Ordinance A05-18 – Mr. Jones explained that the Town has received a petition for voluntary
annexation of 15.995 acres being developed as Phase 7b of Sunset Ridge, PUD
II. The petition meets all the statutory
requirements for annexation.
With that explanation completed, Mayor Sears opened the
public hearing to accept input. The
following comments were recorded: None.
There being no comments, the public hearing was closed.
Action: The
Motion by:
Womble
Second By: Dickson
Vote:
Unanimous
A copy of Annexation
Ordinance A05-18 is incorporated into these minutes as addendum pages.
7.
Consent Agenda: All
items on the Consent Agenda were approved following a motion by
6a. Minutes - The
6c. Set Special Town
6d. Budget Amendment, $40,000 – The
8a.
Mr. Barnard said that most weddings
occur on weekends with users renting the center on Friday for 3+ hours for
rehearsal and again on Saturday for 3+ hours for the wedding. He said that due to the facility’s being
available for rental the remaining hours of the weekend by other parties,
decorations and any rented equipment must be removed, room setup changed, cleanup
performed, etc. for each activity or rental.
He said complications also occur when users go over their allotted time
by arriving or staying later than the contracted rental time.
Mr. Barnard explained that with the
proposed Rehearsal/Wedding Weekend Package clients pay a flat fee, room
deposit, alcohol deposit if served, and an after-hours fee if applicable. The flat fee includes the use of the
conference room, deck, kitchen, and audio/visual equipment. He said the fee includes the setup and take-down
of the conference room for the rehearsal dinner and reception using the
center’s tables and chairs. The center’s
tables and chairs are not available for use on the deck. He said the clients may provide tables and
chairs obtained from an outside source for use on the deck, but staff is not responsible
for the setup and take-down. He said the
rental time would start at
Mr. Barnard explained the second
part of the request is for business meetings.
He said business groups currently renting the
He said the package would include
the setup and use of the conference room and audiovisual equipment from
The
Mr. Barnard said he is not sure that the Center is at the
point of self-sufficiency.
Action: The
Motion
By: Dickson
Second
By: VanFossen
Vote: Unanimous
8b. General Obligation Refunding Bonds - Mr. Holland explained
to the
Mr.
Holland asked the
Action #1: The
Ayes: 5
Nays: -0-
Not Voting: -0-
Mayor Sears
announced that the order titled, “BOND ORDER AUTHORIZING THE ISSUANCE OF
GENERAL OBLIGATION REFUNDING BONDS OF THE TOWN OF HOLLY SPRINGS IN AN AGGREGATE
PRINCIPAL AMOUNT OF UP TO $3,200,000 FOR THE PURPOSE OF REFUNDING PREVIOUSLY
ISSUED GENERAL OBLIGATION BONDS, SERIES 1991, 1994 AND 1997,” had been adopted.
Action #2: Thereupon Mayor Sears introduced Resolution 05-56, a copy of
which had been provided to each
Ayes:
5
Noes: 0
Resolution
No.: 05-56
RESOLUTION PROVIDING FOR PUBLIC
HEARING ON BOND ORDER
FOR UP TO $3,200,000 GENERAL
OBLIGATION REFUNDING BONDS
AND PUBLICATION OF BOND ORDER AND
NOTICE OF HEARING
AND OTHER ACTION
WHEREAS,
There has been introduced to the Town
WHEREAS, G.S. § 159-54 provides there
shall be a public hearing on each Bond Order and G.S. § 159-56 provides
for publication of the Bond Order and notice of the hearing;
NOW THEREFORE, the Town
BE IT RESOLVED BY THE TOWN COUNCIL
FOR THE TOWN OF
1. A public hearing on the Bond Order shall be
held on
2. The Town Clerk shall cause the Bond Order,
with a statement appended in form described by G.S. § 159-56, to be published
in the Fuquay-Varina Independent or
other appropriate newspaper one time not less than six days prior to such
hearing date, and all such acts heretofore taken by Town representatives to
accomplish such publication are hereby approved and ratified.
3. The Finance Officer is hereby designated to
file the statement of debt required by G.S.§159-55.
4. The completed form of application to the
Local Government Commission with respect to the proposed bonds is hereby
approved.
5.
This
resolution shall take effect immediately.
Adopted this, the 20th day of December, 2005.
A
copy of the Bond Order and Resolution 05-56 are incorporated into these minutes
as addendum pages.
9.
Public Comment: At this time, an opportunity was provided for members of the audience
who had registered to speak to address the Council on any variety of topics not
listed on the night’s agenda. None.
10.
Other Business: None.
11.
Manager’s Report: Mr. Dean reported that Adam Lindsey, the town’s
project analyst will be leaving the Town to work with
Mayor Sears thanked
12.
Closed Session - The Council approved a motion to enter into Closed Session,
pursuant
to G.S. 143-318.11(a)(4) to
discuss an economic incentive opportunity with a new business.
Motion By:
Atwell
Second By: Womble
Vote: Unanimous
General Account of
Closed Session –
In Closed Session, Mr. Dean updated the
-- End General Account
Action: The Council approved a motion to return to Open Session.
Motion By: Dickson
Second
By: Atwell
Vote: Unanimous.
13.
Adjournment: There being no further business for
the evening, the
Respectfully
Submitted on
_________________________________
Addendum pages as referenced in these
minutes follow and are a part of the official record