Regular Meeting
Feb. 21, 2006
The Holly Springs Town
Planning Board Members Present: Matt Johnson,
Joe Signoretti, Joe Fanjoy, Tim Sack, Raymond Cordon, Deidre Brice and Glen
Myrto.
Staff Members Present:
2 and 3. The Pledge of Allegiance was recited, and the
meeting opened with an invocation by Rev. Horace Ferguson of
4. Agenda
Adjustment: The
Motion By: Dickson
Second By: Atwell
Vote: Unanimous
Items Added to the
Agenda: Resolution 06-08 exempting
the Comprehensive Plan Update and Parks Master Plan project from the
requirements of G.S. 143-64.31 so that the town can ask for pricing from the
consultants was added to the Consent Agenda as item 10h; A contract with
Progress Energy for the relocation of utility poles related to the Avent Ferry
Road widening project was added to New Business as 7e.
Agenda Items
Removed: None.
Other Changes: None.
5.
Following introductions of the HSHS administrative
team, Mr. Johnson announced the school colors for HSHS. A citizen and student selection committee
considered the following school color choices:
cranberry, Vegas gold (old gold) and white; royal purple, old gold and
white, which were the colors of historic Holly Springs School; and holly green,
old gold and white. The following school
mascots were considered: the Eagles, the
Hawks and the Tigers.
Mr.
Johnson announced that the committee selected for the official school colors royal
purple, Vegas gold and white (to the delight of alumni of
Mr.
Johnson then presented to Mayor Sears and the citizens of
Action: None.
6a. Public
Hearing: Twelve Oaks PUD Amendment
03-PUD-01-A01 – Mr. Jones explained
to the Council that developers of the Twelve Oaks Planned Unit Development are
proposing three major amendments to the PUD plan, which require a joint public
hearing before the Council and Planning Board, then Planning Board review and
recommendation and then Council consideration.
Mr. Jones said the developer is requesting to reduce the
required setbacks, add additional permitted uses that were previously subject
to special exception permit requirements, and possibly delete open space.
Mr. Jones said the Twelve Oaks PUD amendment comprises of
three major amendments that are deemed significant to require a public hearing. The First proposal is to decrease the setback
for single family residential lots within the PUD. The prior setbacks for the PUD were set at:
|
|
Width |
Depth |
Front Yard |
Side Yard |
Rear Yard |
Corner Yard |
|
4,000 Sq. Ft. |
40’ |
100’ |
10’ – 20’ |
10* |
20’ |
15’ |
|
7,000 Sq. Ft. |
55’ |
100’ |
20’ |
15’** |
20’ |
15’ |
|
10,000 Sq. Ft. |
80’ |
100’ |
25’ |
20’** |
25’ |
20’ |
|
15,000 Sq. Ft. |
80’ |
120’ |
25’ |
10’ |
25’ |
20’ |
**
= Aggregate (Minimum 5’)
*
= Aggregate (Minimum 0’)
The proposed setbacks are: (changes in underlined italics)
|
|
Width |
Depth |
Front Yard* |
Side Yard |
Rear Yard |
Corner Yard |
|
4,000 Sq. Ft. |
40’ |
100’ |
20’ |
0’ (10’ aggregate) |
20’ |
15’ |
|
7,000 Sq. Ft. |
55’ |
100’ |
20’ |
3’ (10’ aggregate) |
20’ |
15’ |
|
10,000 Sq. Ft. |
80’ |
100’ |
25’ |
3’ (10’ aggregate) |
25’ |
20’ |
|
15,000 Sq. Ft. |
80’ |
120’ |
25’ |
10’ |
25’ |
20’ |
* All lots that incorporate
alleys in the rear of the lot may reduce the front setback to 10’
Second, Mr. Jones explained, the proposed amendment
modifies certain uses, which previously were special exception uses, to become
permitted by right. Those uses are utility
substations and temporary uses. Again,
those uses would be allowed by right if this amendment is approved, Mr. Jones
stressed.
He added that the third change would be the addition of a
note that states open space shown as “park area” in the northeast corner may be
used as golf course if needed by the developer.
The developer set aside 235 acres, or 30.1%, in the original approved
document, in both public and private open space. The possible reduction of 16.8 acres of open
space would leave approximately 218 acres, or 28.3% and well above the 10% of
open space required.
A Planned Unit Development District is utilized to create
a unified development and set forth a unique set of zoning regulations for the
development; therefore, a detailed site plan is not provided, only the
dimensional and “zoning” standards for each area, Mr. Jones said.
A PUD, he added, is required to include:
§
perimeter
boundary and topographical survey
§
on-site soils
analysis/map
§
slope analysis
map
§
existing
hydrology map
§
existing
vegetation and site features map
§
a master
land-use plan;
§
vehicular and
pedestrian circulation plan;
§
utilities plan;
§
storm drainage
plan;
§
buffers, open
space, and recreational facilities plan;
§
phasing plan
that specifies the anticipated schedule for completion of the project;
§
detailed
district criteria;
§
and draft
covenants to create a homeowners association for the maintenance of all
privately owned common areas and recreational facilities.
In closing, Mr. Jones pointed out that approval of the
Planned Unit Development District does not grant approval for construction or
development of the property. Once the
master plan for the Planned Unit Development is approved, the developer will be
required to submit detailed subdivision plans and development plans as
development occurs to ensure compliance with the approved PUD Master Plan and
other adopted Town Ordinances and Policies.
With that explanation completed, Mayor Sears opened the
public hearing to accept input. The
following comments were recorded:
Van Crandall, 4813 Salem Ridge Road – Mr. Crandall
said he had no comments directly related to the proposed PUD amendments, but
did have questions about the development’s proposed use of reclaimed water from
the town’s wastewater treatment plant for golf course irrigation. Mr. Crandall asked if and why reclaimed water
is being planned for this project and not others. He also asked the following questions related
to the reclaimed water system that is being planned: Is the developer paying for infrastructure on-site? Is the developer paying for off-site
infrastructure? What is the cost to the
town? What percentage of infrastructure
is to be paid by the town? Is Twelve Oaks
the only development that is going to use reuse water? Will the town be requiring it for other
developments? Will electric pumps be
used to pump the water? How much is it
going to cost to run the pumps? How was this
amount calculated? If no future projects
will be required to use the system, how can the town justify providing reuse
system for just this project?
Tom McKay of McKay & Associates, Inc.,
Mr. McKay then addressed some of the questions Mr.
Crandall had about the reuse system. He
explained that he and his company were asked by the town to consider a pilot
program that would us reclaimed water to irrigate the development’s golf
course.
He added that when he saw the town’s commitment to reuse
water, the developers were happy to put in the infrastructure and take all the
reclaimed water possible. He said he
would be willing to talk to other developers to encourage them to take
advantage of what is available as well.
There
being no further testimony, the public hearing was closed.
Action: The Council
approved a motion to forward Planned Unit
Development application 03-PUD-01-A01 for Twelve Oaks PUD to the Planning Board for further review and
recommendation.
Motion By: Atwell
Second By: Womble
Vote: Unanimous
6b. Public
Hearing:
Mr. Hammerbacher said the 3,500 square-foot outdoor pool
area would be surrounded by a six-foot-high square aluminum tube fence that
would be accessed from the recreation building.
He said the proposed recreation site is located on 1.1 acres of the
101.65-acre development. He added that a
condition of the Town Council’s approval for the
Mr. Hammerbacher said both
staff and the Planning Board recommend approval with conditions.
Councilman DeBenedetto asked how the number of parking
spaces were calculated because he thought there should be 22 spaces and not 18
as shown on the plan.
Mr. Hammerbacher explained that the number of parking
spaces was derived from using the square footage of the swimming pool itself
and not other structures (pump house, restrooms, etc.) at the center since
those structures would not generate vehicle traffic.
With
that explanation completed, Mayor Sears opened the public hearing to accept
sworn testimony and qualified evidence. Under
oath administered by the Town Clerk, the following provided testimony to be 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: Atwell
Second By: Dickson
Vote: Unanimous
A copy of Special Exception Use
application 05-SEU-11 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
a.
A drainage area
map and supporting calculations.
b.
Field survey of
jurisdictional features.
Motion by: Atwell
Second By: Dickson
Vote: Unanimous
6c. Public
Hearing: Growth Plan Amendment,
06-GPA-01, Donald Prince Property – Mr. Jones explained that the applicant is requesting
that his 2.35-acre tract, which is located on Garage Lane outside the town
limits, but newly assigned to
Mr. Jones said that when the new ETJ area was taken into
the Town’s jurisdiction on Jan. 17, all properties, including this one, were
zoned R-30, residential. He said the
property previously was in
Mr. Jones said that according to the Unified Development
Ordinance, petitioners requesting a rezoning that would be at odds with the
existing Comprehensive Growth Plan, as is the case with this petition, must
also apply for a Growth Plan Amendment.
He said in requesting that his property be rezoned, the petitioner has
complied with this UDO requirement, but staff and the Planning Board do not
support and do not recommend that the town’s Comprehensive Growth Plan, which
designates the future land use designation of this property as medium-density
residential, be amended.
Mr. Jones said both staff and the Planning Board recommend denial for the proposed growth plan amendment and recommend approval for
the zoning map change.
With that explanation completed, Mayor Sears opened the
public hearing. The following comments
were recorded: None.
There
being no testimony, the public hearing was closed.
Action
#1:
The Council approved a motion to deny Ten-Year Comprehensive Growth Pan
Amendment 06-GPA-01 to change the future land use designation of 2.35 acres of
Wake County Pin(s) 0648-72-5355 from Medium-Density to Commercial as submitted
by Donald Prince as a requirement of the UDO.
Motion By: Atwell
Second By: Dickson
Vote: Unanimous
Mayor Sears opened the public hearing to accept input on the proposed Zone Map Change Petition 06-REZ-02 to
change the zoning of 2.35 acres on Garage Lane from R-30:Residential to CB:
Community Business. The following
comments were recorded: None.
There
being no testimony, the public hearing was closed.
Action
#2:
The Council approved a motion to adopt
the following statement of compatibility:
The application is not fully consistent with all of the
objectives and policies for growth and development in the
Motion By: Dickson
Second By: Atwell
Vote: Unanimous
Action
#3:
The Council approved a motion to approve a Zone Map Change 06-REZ-02 to
change the zoning of 2.35 acres of Wake County Pin(s) 0648-72-5355 from R-30: Residential to CB: Community Business as
submitted by Donald Prince.
Motion By: Atwell
Second By: Womble
Vote: Unanimous
6d. Public
Hearing: Annexation Ordinance A06-01, Thomas
and Utley Heirs - Mr. Jones
explained that the Town has received a petition for voluntary annexation filed
by the Thomas and Utley Heirs, requesting annexation of 54.669 acres located south of
He further explained that the public hearing originally was scheduled and opened on Jan. 17 and was
continued to Feb. 7 at the request of the applicant and further continued to
Feb. 21 while the engineering department finalized details with the applicant.
With that explanation completed, Mayor Sears opened the
public hearing to accept input. The
following comments were recorded: None.
There
being no testimony, the public hearing was closed.
Action: The Council
approved a motion to adopt Annexation Ordinance A06-01 annexing 54.669 acres
owned by Thomas and Utley heirs, and more particularly described as Wake County
PINS: 0658.10-46-4724, 0658.10-36-5904, 0658.10-35-5764, and 0658.10-36-8871,
into the corporate limits of the Town of Holly Springs.
Motion By: Womble
Second By: Dickson
Vote: Unanimous
A
copy of Annexation Ordinance
A06-01 is incorporated into these minutes as addendum pages.
7a. Somerset Stream, 05-MAS-06 – Mr. Hammerbacher said the town had received
subdivision plan application 05-MAS-06 for Somerset Stream subdivision, that proposes
122 residential lots on a 53-acre site.
He said the average lot size would be 12,630 square feet and the lot
sizes ranges from 10,000 square feet to 24,856 square feet for the largest lot.
He said that eight acres of the 53-acre
development would be utilized as open space, which includes public greenways
and a small 14,000 square-foot private park.
Mr.
Hammerbacher said that the plan proposes access for 13 lots through the Somerset
Farm subdivision, and the remaining 109 lots would be accessed from
He said the applicant also is requesting an exception to
the Town’s Engineering Design and Construction Standards to allow the length of
a dead-end road to exceed the maximum 1,000 feet allowed.
Mr. Hammerbacher said both staff and the Planning Board recommend approval with conditions.
Mayor
Sears allowed Somerset Farms resident Katherine Hagan to speak. She said she is concerned because
connectivity between her subdivision and the proposed subdivision is not there. She said adding the burden of 13 additional
homes to roads in her subdivision with no other options for access was a
concern to her. She said she would
prefer that the town allow a stream crossing to provide additional egress from
Somerset Farm.
Ms.
Sudano explained that permitting of stream crossings with the state is difficult,
and the town is planning a more advantageous stream crossing than this one
would be as shown on the adopted Thoroughfare Plan.
Councilmen
asked the applicant why two cul-de-sacs – one extending longer than the allowed
maximum of 1,000 feet – were not looped together as one roadway.
Engineer
Sean Dolle, representing the developer, explained that the two cul-de-sacs were
not drawn as a continuous loop because of topography. He said Somerset Stream was to be a custom
home subdivision that will take advantage of natural topography and the intent
is to preserve the drawn and trees that lie between the bulbs of the
cul-de-sacs.
Action
#1: The
Motion By: Atwell
Second By: VanFossen
Vote: Unanimous
Action
#2: 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.
The development
of this project is dependent upon the developer securing public access to
3.
Sewer for this
project will need to be provided via a gravity outfall extending from the
existing
4.
Prior to Final
Plat, the following must be completed:
a.
Payment of
fees-in-lieu of land dedication in the amount of $874/unit.
b.
The
5.
The following
items are to be included with 1st construction drawing submittal
(later in the approval process):
a.
Fee-in-lieu of
pump station upgrade will be required for this project.
b.
Provide a
drainage area map and supporting calculations.
c.
All
environmental permits for the entire project will be required.
d.
Provide a signed
USACE wetlands map.
e.
Field location
of the force main will be required.
f.
Graphically show
minimum finished floor elevations for lots adjacent to stream and flood plain.
g.
Verify that
sanitary sewer stub and easement locations are at an appropriate location to
serve the entire piece of upstream property and at a depth suitable to go under
the creek bed to achieve this.
h.
The Town is
currently doing a basin wide flood study of this area. A specific flood study for this project will
not be required; however the developer will be responsible for reimbursing the
Town for a portion of the study. Once
the flood study is complete the following items will need to be addressed with
the construction drawings
i.
The 100 year
flood plain elevation will need to be shown on the plans
ii.
The development
must comply with the Town’s flood plain ordinance
iii.
Show and label
backwater easements (to be recor
i. The greenway trail will have to be constructed of an
appropriate material to be located in the Bass Lake Buffer and will only be
allowed along the sewer easement for areas that are within the buffer. (Paved greenway trails can not be in
6.
Prior to
construction drawing approval, the sanitary sewer outfall must be designed to
reduce impacts to the
7.
Revised plans
showing the exclusion of the lots on the Somerset Farms side of the stream be
submitted for administrative review within two weeks.
Motion By: Atwell
Second By: Womble
Vote: Unanimous
7b.
Ms.
Sudano said that it is the engineering staff’s recommendation that the Town
leave this roadway interconnection open – closing such interconnections
establishes a precedent that is not preferable.
She said that public works and public safety’s staff recommendation also
are to leave this roadway open for access so that patrols and emergency vehicle
access are not impeded. She added that
it is public utility’s staff recommendation also to leave the roadway open so
that a second access is available for access to public infrastructure (pump
station).
There
was much discussion between the Council and residents of
Councilman
Atwell summarized that all the problems reported by residents really have nothing
to do with whether the road is opened or closed. Litter, loud noise, obscenities,
four-wheelers etc. are offenses that would not solved by closing the road. He added that speeding is a problem in every
neighborhood, and the solution is not closing streets.
He
stressed that the Council was interested in solving the problems experienced by
residents, but that closing a public street is not the solution.
Direction to staff: Council
directed staff to not pursue the process of closing
7c. Avent
Ferry Road Widening Project – Ms. Stephenson
explained to the Town Council that the original design service contracts for
Avent Ferry Road were broken into two contracts – one for Ramey Kemp (Cass
Holt/Avent Ferry Road realignment) and one for Kimley-Horn (third lane from
bypass to Autumn Park). She said both
contracts include the necessary work for the completion of right of way plats
for the proposed road improvements.
She
explained that the Council was being asked to enter supplemental contracts for
a second phase of contract services so that an exact number of right of way
plats could be determined from the completed design.
Ms. Stephenson said the supplemental agreement for
Kimley-Horn in the amount of $37,000 includes right of way plat completion; additional
design services to revise the plans from the original full improvements (less
improvements connected with the proposed South Park development because the
developer is not willing to commit funds at this time); and signal modification
at the intersection of the NC 55 Bypass and across the Stephens property, changing
it to serve a 3-lane section under the existing signal.
She said the supplemental for Ramey Kemp in the amount of
$18,748.35 includes the right of way plat completion and the investigation for
the Cass Holt cross section to reduce the right of way impacts.
Action:
The
Motion By: Womble
Second By: VanFossen
Vote: Unanimous
Copies of the contracts and budget
amendments are incorporated into these minutes as addendum pages.
7d. Mobile
Stage – Mr. Dean explained that
during the past year, Parks and Recreation staff and management have kicked
around the idea of the town’s building or buying its own mobile trailer stage,
rather than continuing to rent the Fuquay-Varina Parks and Recreation stage for
events.
Mr.
Dean said that staff would like to investigate and obtain prices for
constructing a portable trailer stage in-house.
Councilman VanFossen said he would
like to see the stage constructed by the time the next Rockin’ at the Crossings
is held later this spring.
Direction: The
7e. Progress
Energy Utility Pole Relocation – Mr.
Schifano explained that the town had received just prior to the town council
meeting, a proposal in the amount of $17,000 from Progress Energy for the
relocation of utility poles for the Avent Ferry Road widening project.
In order for the project to stay on a fast track for
completion by the time
Action: The Council approved a motion to enter into a
utility pole relocation contract with Progress Energy, subject to the middle
paragraph option’s being the operative language as opposed to the last, in the
amount of $17,000 for the movement of utility poles impacted by the Avent Ferry
Road widening project.
Motion By: Atwell
Second By: Womble
Vote: Unanimous; however, both Councilman Atwell
and VanFossen went on record as voting for the motion, but expressing their
mutual feeling that the town should not have to pay the $17,000 price tag
because the town is widening a primary evacuation route from the Shearon Harris
Nuclear Plant owned by Progress Energy.
A copy of the
relocation agreement is incorporated into these minutes as addendum pages.
8.
Consent Agenda: All items on the
Consent Agenda were approved following a motion by
8a. Minutes - The Council approved the
minutes of the
8b. Budget Amendment Report – The Council received
a report of budget amendments #65 through #75 approved by the town
manager. A copy of the budget
report is incorporated into these minutes as an addendum page.
8c. Budget Amendment, $2,425 – The Council adopted an amendment to the FY 2005-06
budget in the amount of $2,425 to accept insurance proceeds for repair of
vehicles. A copy of the budget amendment is incorporated
into these minutes as an addendum page.
8d. Budget
Amendment, $300,000 – The Council adopted amendments to the FY 2005-06 in the amount of $300,000 from Waste Water Reserves
to reestablish the project fund for the Regional Wastewater Project. A copy of the budget amendments are incorporated into these minutes as
addendum pages.
8e. Budget Amendment
$20,000 – The Council adopted amendments to the FY 2005-06 budget in the
amount of $20,000 to restore the Bass Lake Park trail. A copy of the budget amendments are incorporated into
these minutes as addendum pages.
8f.
8g. FY 2006-07 Budget
Public Hearing,
8h.
Resolution 06-08 – The Council adopted Resolution 06-08 exempting
the Comprehensive Plan Update and Parks Master Plan project from the
requirements of G.S. 143-64.31 so that the town can ask for pricing from the
consultants. A copy of Resolution 06-08 is incorporated into these minutes as an
addendum page.
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: Councilman Atwell commended Public Works
Director
11. Manager’s
Report: Mr. Dean asked for a volunteer from the
Council to serve on the town’s stakeholder committee for a pedestrian planning
project. Councilman DeBenedetto
volunteered.
Councilman Womble reported that property owners along
Bass lake Road have agreed to provide sidewalk easements.
Councilman VanFossen asked about status of crosswalk
across
Council members suggested that the town paint the
crosswalk anyway.
Ms. Sudano pointed out that the town would have to obtain
an encroachment agreement from NCDOT, which was not likely. She pointed out that the town would have some
legal liability if it were to install the crosswalk without DOT’s permission or
knowledge.
Councilman Atwell asked about reducing the speed limit on
The Council suggested that staff take a stack of requests
(including
12. Closed
Session: The Council approved a motion to enter into
Closed Session, pursuant to G.S. 143-318.11(a)(3) to
discuss with the town attorney particulars involving the matter of New Hill Community
vs Western Wake Regional Wastewater Treatment Plant partners. (In Closed
Session, the Council also discussed a matter of economic development, pursuant
to G.S. 143-318.11(a)(5).)
Motion
By: Atwell
Second
By: Womble
Vote: Unanimous
General Account of Closed Session –
In Closed Session, the town manager updated Council members
on a proposed economic development prospect, and the town attorney updated the
Council on matters related to the New Hill Community Association lawsuit. The Council also discussed the legal
requirements of annexation, should residents of the New Hill area request
voluntary annexation.
-- End General Account
The
Council approved a motion to return to Open Session. The motion was made by Councilman Atwell,
seconded by Councilman VanFossen and carried unanimously.
12.
Adjournment: There being no further business for the evening, the
Respectfully Submitted on
_________________________________
Joni S. Powell, CMC, Town
Clerk
Addendum pages as referenced in these
minutes follow and are a part of the official record