Regular Meeting
MINUTES
The Holly
Springs Town
Council Members Absent: None.
Staff Members Present:
2 and 3.
The Pledge of Allegiance was recited, and the meeting opened with an
invocation by Rev. Otis Byrd, of the
4.
Agenda Adjustment: The
Motion
By: Dickson
Second
By: VanFossen
Vote: Unanimous
Items
Added to the Agenda: None.
Consent
Agenda Items Removed: None.
Other
Changes: None.
5.
Union Ridge, 05-DP-05 – Mr. Hammerbacher expanded to the Council that at the June 21
Town Council meeting a public hearing was held and action was tabled until the
town investigated further possibilities of purported gravesites. He said that staff and an archeology/engineering
firm investigated the area of the development where it was thought that gravesites
may be found on
Councilman VanFossen suggested to add
an additional condition on the development plan, that IF any gravesites of
historical significance are discovered in the future on the site, the developer
will need to allow for their preservation.
Mr. Hammerbacher said that there are
no changes in the plan since the previous meeting.
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.
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:
Pearson
Second
By: Womble
Vote: Unanimous
Action #2:
The Council, having made the findings of fact that the petition meets
the requirements, to grant a waiver of regulations of UDO, made a motion to
approve a waiver of the regulations of the UDO, Section 2.04: R-10 Residential
District to allow for the use of development incentives in the R-10 residential
zoning district in conjunction with Development Plan Petition #05-DP-05 for
Union Ridge as submitted by Blackburn Consulting Engineering, Project Number
J-515, Revised May 9, 2005.
Motion By:
Pearson
Second
By: VanFossen
Vote: Unanimous
Action
#3: The Council approved a motion to authorize an exception to the
Regulations of Engineering Design and Construction Standards Section
3.02-E in association with Development Petition #05-DP-05 for Union
Ridge, to allow the length of dead-end road to exceed the
maximum of 1,000 feet as submitted by Blackburn Consulting Engineering,
Project Number J-515, revised
Motion By:
Pearson
Second
By: Womble
Vote: Unanimous
Action
#4: The Council made a motion to approve
Development Plan #05-DP-05 for Union Ridge as submitted by Blackburn Consulting
Engineering, Project Number J-515, Revised
1.
Staff
and the developer will be working together on a developer agreement for this
project which will cover sewer line over-sizing, waterline and pump station
fee-in-lieu. This will be presented to
the Town Council at a later date.
2.
Prior
to construction drawing approval:
a.
All environmental permits for roadway crossings for this entire project
will be required
b.
Provide a signed USACE wetlands map to verify that there are no
wetlands.
3.
Prior
to final plat, the following must be completed:
a.
Payment of fees-in-lieu of land dedication in the amount of $874/unit.
4.
Prior
to the issuance of building permits, 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.
5.
A
UDO permit for sign installation in addition to all other applicable permits
will need to be secured prior to any sign installation.
6.
The
following items are to be shown and provided on the first submittal of
construction drawing (later in the approval process):
a. Approved driveways across
b.
Label the outside boundary of each Cape Fear buffer from where the
buffer width is measured on plans (note that buffer is measured from top of
bank), label the zones of the buffer and note, zone CFBI of the buffer must be
left out completely undisturbed (label).
c. Documentation of any easements
needed for all downstream and offsite sewer lines. This includes easements needed to get to the
pump station and those where sewer lines cross other properties to serve other
portions of this project.
d.
A Flood Impact Analysis Study for the whole project will need to be
submitted. Note that no fill is permitted
in the floodplain for residential development.
Minimum lot square footages, FFE’s, and 100-year and 500-year flood
elevation boundaries must be provided outside floodplain area (per floodplain
ordinances) without fill placement to achieve them. This will need to be for the whole
project. Also note that the Town of
e. With the development of this subdivision, a
greenway easement (large enough for an 8’ sidewalk) will need to be included
and greenway constructed along the offsite sewer easement to the pump station. The sidewalk along
f. This subdivision is in the Triassic
basin. Roadway cross-section
requirements for this area exceed those of the Town’s typical cross-section, including
a combination of some or all of the following: additional fabric, extra stone,
tensar, and/or binder. The exact
combination that will be required will be determined by the Town of Holly
Springs. Special care in achieving
proper compaction using acceptable materials and having a testing firm on site
to ensure density will be critical also.
g. The hydraulic study for the waterline has
been reviewed and staff awaits responses.
If the Town standards are not met, additional offsite waterline improvements
will need to be made.
h. A traffic impact analysis study was required
for this plan. This study has been
received by the Town and is under review.
There may be additional road improvements required as a result.
i. Prior to
7.
A
fee-in-lieu of a pump station upgrade will be required for this project.
8.
If
any gravesites of historical significance are discovered in the future on the
site, the developer will need to allow for their preservation.
Motion By:
Pearson
Second By:
VanFossen
Vote: Unanimous
6.
Consent Agenda: All
items on the Consent Agenda were approved following a motion by Councilman Dickson,
a second by Councilman Womble and a unanimous vote. The following actions were affected:
6a.
6b. Policy Statement
P-028 – The
6c. Resolution 05-20 – The Council adopted Resolution 05-20 stating the Town’s intent
to annex Town-owned property containing 2.9012 acres on
6d. Resolution 05-22 – The Council adopted Resolution
05-22 directing the Town Clerk to investigate the sufficiency of Annexation
Petition A05-11 filed by The Moravian Church in
6e. Resolution 05-23 – The Council adopted Resolution 05-23 directing the Town
Clerk to investigate the sufficiency of Annexation Petition A05-12 filed by
Scott J. and Deborah W. McDiarmid for the annexation of 2.5 acres and fixing
the date of a public hearing on the question of annexation for
6f. Resolution 05-24 – The
Council adopted Resolution 05-24 directing the Town Clerk to investigate the
sufficiency of Annexation Petition A05-13 filed by Mary Frances H. Ragan for
the annexation of 17.25 acres and fixing the date of a public hearing on the
question of annexation for
6g. Resolution 05-25 – The Council adopted
Resolution 05-25 directing the Town Clerk to investigate the sufficiency of
Annexation Petition A05-14 filed by Crossman Communities of NC, Inc., for the
annexation of 2.71 acres and fixing the date of a public hearing on the
question of annexation for July 19, 2005. A copy of the Resolution 05-25 is
incorporated into these minutes as addendum pages.
6h.
6i.
Budget Amendment $17,000 – The Council adopted a amendment to the FY
2005-06 budget in the amount of $17,000 to cover design fees for Veterans Park.
A copy of the budget amendment
are incorporated into these minutes as addendum pages.
7a.
Southern Wake Montessori School Temporary Classroom – Ms. Bobber explained to the Town
Ms. Bobber said that the developer
will need to determine with a certified surveyor whether the gravity sewer
service will work with the existing sewer manhole located at Trotters Bluffs
Drive or if the site will require its own pump station.
Councilman Womble asked if the proposed site will be annexed
into the city limits being the school will need to tap into the Town’s water
and sewer lines.
Ms. Bobber explained that because the UDO permit is for a
temporary use and is permitted for one year, and because the school plans to
construct the permanent building at another location, annexing will not be
necessary in this case.
Councilman VanFossen asked the Town Manager if he has
reviewed the plan and if he agrees with the requested UDO Permit.
Mr. Dean said that he agrees with the issuance of the
temporary UDO permit and said that this site will be the best option for the school.
Councilman VanFossen asked Mr. Cornwell a representative of
the
Steve Cornwell l said that he understood the UDO permit
allows for only one year and that the goal is to construct the new school as
soon as possible to eliminate some of the cost of maintaining a temporary site.
Action:
The
1)
The
UDO permit shall expire on
2)
The
3)
In
the event that the Town receives grant money from NCDOT for the
4)
Verify
with a certified surveyor that the gravity sewer service will work with the
existing sewer manhole located in Trotters Bluffs Drive. This sewer service will have to tie directly
into this manhole.
5)
A
UDO permit for sign installation in addition to all other applicable permits
will need to be secured prior to any sign installation.
6)
All
future site lighting shall be submitted to the Department of Planning &
Zoning for review and approval prior to installation.
7)
This
plan will require construction drawing review and approval by the Engineering
Department before site work can begin.
8)
Revised
plans for UDO Permit #05-UP-21 are required to be filed by
a.
The
developer information shall be corrected from “Southern Wake Montessori School”
to “Southern Wake Montessori School.”
b.
The
notation for “GRAVEL DRVIE” shall be corrected to “
c.
Side
yard setbacks shall be revised to indicate that a 10-foot setback is required
rather then a 15-foot side yard setback.
d.
A
rear buffer yard of 20 feet shall be delineated on the plan.
e.
A
detail shall be provided for the proposed dumpster enclosure that meets Town
standards.
f.
The
location of all overhead power lines shall be denoted on the plan.
g.
All
easements located on the site shall be shown on the plan.
h.
Wheel
stops for all proposed parking spaces should be denoted on the plan.
i.
The
square footage for the proposed temporary classroom shall be included on the
plan.
j.
Show
existing sanitary sewer manhole inverts as well as gravity sewer service invert
at manhole.
k.
Show
location for sewer service cleanouts.
l.
Show
water meter and backflow preventions locations.
Motion
By: VanFossen
Second
By: Womble
Vote:
Unanimous
7b.
Councilman Womble said
that he knew the property owners and will assist in contacting them.
Action: The
Motion
By: VanFossen
Second
By: Atwell
Vote: Unanimous
A copy of the Resolution 05-26 is
incorporated into these minutes as addendum pages.
7c.
Mr. Schifano said that
Progress Engergy has requested to add verbage to the contract saying the Town
will not annex the property in the future.
He said that he recommends against adding the verbage and continue
working with Progress Engergy by approving the contract as submitted without
any amendments.
Action: The
Motion
By: Pearson
Second
By: Womble
Vote: Unanimous
A copy of Carolina Power & Light
Company, a North Carolina public service corporation, d/b/a Progress Energy
Carolinas, Inc. is incorporated into these minutes as addendum pages.
7d.
Mr. Campbell said the Town's consultant, Thompson &
Associates, who designed the project, prepared the contract documents and
handled the advertisement and bid-opening process.
Mr. Campbell said Town staff and the Town’s consultant
recommends to award the construction bid to the low bidder Asphalt Experts in
the amount of $589,750 (excluding undercut rock if found, materials testing,
and a few other items) and funding in the amount of $760,200, which is covered
by the existing project budget, be approved to cover all construction
costs.
Mr. Campbell said that Asphalt
Experts is the company that completed the
He said the project was bid in a manner that requires
separate payment for certain quantities and, therefore, will require a larger
contingency than traditionally requested for projects.
Action:
The
Motion
By: VanFossen
Second
By: Dickson
Vote: Unanimous
A copy of the bid tabulation sheet
is incorporated into these minutes as addendum pages.
8.
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. The following
citizens were heard:
Paul Barth, 2108 New Hill-Olive
Church Road, a representative of the New Hill community, said that he and
the community opposes the location of the proposed New Hill Regional Wastewater
Treatment facility and requested the Council to consider supporting other
locations for the facility. He said that
the community feels as strongly against locating a wastewater treatment plant
in New Hill as the Town of Holly Springs citizens felt about locating the
landfill in
Mark Shank, 5405 Leopard’s Bane Count, said that he has a problem with a
neighbor firing bb guns toward his house.
Mr. Shank said that he has small children and feels that there is a
potential danger to his family and home.
He said that he has called the police on numerous times, but because the
Town’s ordinance allows anyone older than 16 years to fire bb guns in the city
limits, the neighbor who is firing the gun and who is 40 years old, is acting
within the law. Mr. Shank asked the Town
Council to consider amending the Town’s ordinance to regulate a distance from a
property line for firing such guns.
After much discussion, it was the consensus of the Council
that the Town attorney to draft an amendment to the Town’s existing ordinance
regulating a distance from a property line for firing bb or pellet guns in the
city limits to be presented at the next Town Council meeting.
9.
Other Business: None
10.
Manager’s Report: Mr. Dean thanked all the Town
staff and volunteers who worked at the Rockin at the Crossing event held on
June 30 in the parking lot of the
Councilman Womble asked Mr. Dean to
check on the status of the Town Hall and Police Station directional signs that
were to be located along the NC 55 Bypass.
Mr. Womble said that he would like the Town to have fireworks on
11. Closed
Session: None.
12. Adjournment:
There being
no further business for the evening, the
Respectfully
Submitted on
_________________________________
Linda R.
Harper, CMC, Deputy Town Clerk
Addendum pages as referenced in these
minutes follow and are a part of the official recor