Regular Meeting
April 4, 2006
The Holly
Springs Town
Staff Members Present:
2 and 3.
The Pledge of Allegiance was recited, and the meeting opened with an
invocation by Rev. Lewis Gentry.
4.
Agenda Adjustment: The
Motion
By: Dickson
Second
By: Atwell
Vote: Unanimous
Items
Added to the Agenda: None.
Agenda
Items Removed: Items 7c., a request
for reconsideration of parks and recreation fees due on Twisted Creek, was removed
from the agenda until further notice at the request of the applicant; and item
7d., a request by a developer for permission to delay widening at 5432 Sunset
Lake Road, also was removed from the agenda until further notice at the request
of the applicant.
Other
Changes: None.
5a.
Public Hearing:
Mr. Weeks said these grants are made
on a non-competitive basis every three years and that the primary objective of
the CDBG SSH program is to improve the housing conditions of very low-income
households with incomes at or below 50% of area median income.
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:
None.
5b.
Public Hearing: Avent Ferry Road
Widening Installment Financing – Mr. Holland said that in order to borrow funds for
construction of road widening on Avent Ferry Road, the Town must first obtain
approval from the Local Government Commission.
He said the first step in that application process is to hold a public
hearing to receive comments from citizens on the question of whether or not the
town should seek installment financing, as opposed to other financing.
Following the hearing, Mr. Holland
said, the Council will be asked to consider adoption of Resolution 06-17, which
states that the Town Council has determined certain findings of fact, including
that installment financing is more desirable than other types of
financing. He said the resolution also
authorizes the filing of the LGC application.
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:
Dickson
Second By:
Atwell
Vote:
Unanimous
A copy
of Resolution 06-17 is incorporated into these minutes as addendum pages.
5c.
Public Hearing: Ordinance 06-06,
UDO Amendment 06-UDO-02 – Mr. Jones explained that Stafford
Land Company is requesting an amendment to UDO Section 3.03, Town Village
District, to allow for waivers of development standards within the Town Village
District.
Mr. Jones
said that the reason why this amendment is being requested by a developer and
not being processed by the Town is that the proposed amendment is not an
amendment that the Town normally would have considered. He said that staff did not make a
recommendation for this UDO amendment to the Planning Board.
He said
that staff suggested an additional option for the applicant with which staff is
more comfortable and with the additional findings of fact recommended by the
Planning Board, would make the UDO amendment stronger.
With that explanation completed,
Mayor Sears opened the public hearing.
The following comments were recorded:
Don Mizelle, 5429 Shoreline Ct. and representing Stafford
Land Company – Mr.
Mizelle said the Town Village District zoning district is very comprehensive
when it comes to addressing mixed uses fronting on
Through the process of devising a townhome plan for the
downtown area, the developer felt the ordinance needed to provide for waivers
of development standards, given certain findings of fact, he said.
There being no further input, the public hearing was closed.
Action: The Council
approved a motion to adopt Ordinance 06-06 to approve UDO Amendment 06-UDO-02
amending UDO Section 3.03 Town Village and 9.09 Decision Matrix to provide for
waiver options in the TV District.
Motion By:
VanFossen
Second By:
Womble
Vote:
Unanimous
A copy
of Ordinance 06-06 is incorporated into these minutes as addendum pages.
6. Consent Agenda:
All items on the Consent Agenda were approved
following a motion by
6a.
Resolution 06-18 - The Council adopted
Resolution 06-18, a reimbursement resolution for the
6b. Budget
Amendment - The Council adopted an amendment to the FY 2005-06
budget to account for bond refunding. A copy
of the budget amendment is incorporated into these minutes as an addendum page.
6c. Budget Amendment, $15,000 - The Council adopted an amendment to the FY 2005-06 budget in the amount of
$15,000 to cover additional landfill fees. A copy of the budget
amendment is incorporated into these minutes as an addendum page.
6d. Budget Amendment, $18,000 - The Council adopted an amendment to the FY 2005-06
budget in the amount of $18,000 to cover the purchase of additional water
meters. A
copy of the budget amendment is
incorporated into these minutes as an addendum page.
6e. Budget Amendment, $15,000 - The Council adopted an amendment to the FY 2005-06
budget in the amount of $15,000 to supplement the engineering professional
services line item. A copy of the budget
amendment is incorporated into these minutes as an addendum page.
6f.
6g. Western Wake Regional Wastewater Project and
Budget Amendment - The Council approved amendment no. three to the Western
Wake Regional Wastewater project scope of work and adopted amendment to the FY
2005-06 budget in the amount of $41,450 to the WWWRF Project Fund. A copy of the budget amendments are incorporated
into these minutes as addendum pages.
6h. Resolution 06-19 - The Council adopted Resolution 06-19 directing the Town
Clerk to investigate the sufficiency of Annexation Petition A06-06 filed by
James and Addie Yarborough for
6i. Resolution 06-20 - The Council adopted Resolution 06-20 directing the Town
Clerk to investigate the sufficiency of Annexation Petition A06-07 filed by
Mabel Holland for the annexation of 44.11 acres and fixing the date of a public
hearing on the question of annexation for
7a. Hobby Tract, 05-
Mr. Hammerbacher said the zoning for
this property is R-10 Conditional Use with the following conditions:
1.
No
more than 20% of the lots shall be developed slab on grade. All other lots shall be developed
incorporating either foundations with crawl spaces or stem wall construction.
2.
Street
trees shall be planted along both sides of street right of way. Such trees shall be 2.5” caliper (minimum) at
intervals of 50’.
3.
The
size of each developed lot shall be no less than 10,000 square feet.
Mr. Hammerbacher said the Planning Board
discussed the following concerns: the access for lot 131 is unusual and questioned
whether the design was appropriate for a residential home; and the developer’s
intentions for construction of greenways and potential recreational amenities.
Mr. Hammerbacher said both staff and the
Planning Board
recommend approval with conditions. He
pointed out that the Planning Department had received a number of inquiries
about the plan. In response to those
inquiries, staff is recommending the addition of a condition restricting
construction traffic from
Resident Bob Blake had asked Mr. Hammerbacher to mention
that the proposed roadway appears to go through his current lot. Councilman Atwell asked if that would be a
concern.
Ms. Goodson explained that the actual functional alignment
of the roadway would determine how much – if any – of Mr. Blake’s lot would be
needed.
In discussion, the Council clarified points with staff and
the engineer for the project. They
addressed an odd-shaped lot that has an awkward access, greenway trails,
confusion over a stream crossing and construction traffic.
During the framing of the motion, a condition was added to
ensure that the developer would obtain any easement or right of way (i.e. from
Mr. Blake) prior to construction drawing approval. The Council also deleted condition No. 12
that would have required
Action:
The
Motion By: Atwell
Second
By: VanFossen
Vote: Unanimous
At this time, Councilman VanFossen
asked to be excused from discussion and deliberation on Item 7b., and the
Council approved the motion to do so.
Motion
By: Atwell
Second
By: Dickson
Vote: Unanimous
7b.
Twelve Oaks, 06-MAS-01 – Mr. Hammerbacher explained that 06-MAS-01 proposes Phase
1 of the Twelve Oaks Planned Unit Development (PUD) to be composed of approximately
131 acres to accommodate 286 single-family lots and 66 townhome units. He said access would be off
Mr. Hammerbacher said the elevations have not been provided
for the townhome units, which will require architectural review by the Planning
Board and Town Council at a later date.
He went on to provide a narrative of other highlights of the
Phase 1 plan.
Councilman Dickson asked why the
townhomes are proposed internally to the project.
Developer Tom McKay explained that
the idea was to locate the townhomes close to the golf course clubhouse.
Councilman Atwell pointed out that
the plan featured an entrance road that would be long and straight -- potentially
a roadway on which there would be speeders.
Project engineer Tom Spaulding addressed
the comment, explaining that in the list of conditions of approval, it is
stated that a secondary access point will be required prior to any lots north
of Street I being platted. He said the project team would request that the
secondary access point not be required until prior to CO to give them a little
more time to get that designed and built.
Staff members said they would be
supportive of that request since the objective is simply to get the roadway in
service before people begin moving in to the area.
Action: The
1.
All
previously approved conditions for the PUD will apply to this plan as well.
2.
A
UDO permit for sign installation in addition to all other applicable permits
will need to be secured prior to any sign installation.
3.
A
revised landscape plan which includes semi-opaque buffer detail as approved
within the Twelve Oaks PUD shall be submitted to the Department of Planning
& Zoning within ten business days of Town Council action.
4.
Prior
to construction drawing submittal,
a.
The
Developer Agreement shall be revised to reflect changes in regards to land
dedication or the PUD Master Plan shall be amended to relocate this land in
accordance with the direction of the Department of Parks 7 Recreation
b.
For
townhome Lots 1-66, elevations for the proposed townhomes shall require
Development Plan approval by Town Council for compliance with architectural
requirements.
5.
The
following items are to be included with 1st submittal of
construction drawings (later in the approval process):
a.
Show and label backwater easements (to be
recorded) at stream crossings and storm drainage inlets. Provide 100 year
calculations accordingly.
b.
Provide
a drainage area map and supporting calculations.
c.
All
environmental permits for the entire project will be required.
d. A local flood study will be required with 1st
construction drawing submittal. The following items will need to be addressed
once flood study is complete:
1.
Show
FEMA floodplains and local flood plain (both 100 & 500 year flood plains)
for this site.
2.
No
fill is permitted in the flood plain for any residential development.
3.
Minimum
lot square footages must be provided outside the flood plain areas (per flood
plain ordinance – section 9-6020(1) without fill placement to achieve them.
4.
Provide
minimum FFE 2’ above 100-yr floodplain or backwater elevation for all lots
adjacent to the floodplain.
e.
Portions
of this project within the FEMA floodplain are adjacent to the FEMA floodplain
for which a study has not been approved. Based on the information provided that
shows the FEMA line as it is anticipated to be located, the lots that are
adjacent to the FEMA flood plain can remain in this phase as requested.
However, the construction drawings containing these lots cannot be submitted
for construction drawing review until all FEMA issues have been resolved.
f.
There
have been several discussions with the staff engineer on the size of new lines.
Engineering believes it is necessary to provide a hydraulic analysis for the
reuse lines in order to determine the appropriate sizing. The Engineering Department is researching the
requirements for reuse. It would be helpful to have a list of questions that
you have as we are researching this.
g.
There
are still a few outstanding concerns on the hydraulic waterline analysis from
the Twelve Oaks PUD. Please update the Town on the status of this report from
recent conversations.
6.
The
following items are to be address prior to construction drawings approval
(later in the approval process):
a.
All
offsite easements that are necessary to construct utilities for this phase will
need to be obtained.
7.
Prior
to Final Plat, the following must be completed:
a.
A
secondary access point will be required prior to issuance of CO. This will be
accomplished with the extension of Street I to
b.
Land
must be dedicated to the Town for
c.
All
off-site utilities and roadway improvements (water, sewer, and road
improvements) will need to be completed prior to any lots on this plan being
platted.
d.
Recorded
Homeowner’s Association covenants (documenting maintenance of open space,
private streets, street trees, etc.) will be required during the plat
process. These must be submitted for Town
review and approval prior to recordation.
e.
An
as-built flood study will be required once grading has been complete.
Motion By: Womble
Second
By: Atwell
Vote: Unanimous
At this time, the Council approved a
motion to readmit Councilman VanFossen to the meeting.
Motion
By: Atwell
Second
By: Dickson
Vote: Unanimous.
7c.
7d.
7e.
Forest Springs Developer Agreement Terms – Ms. Sudano said that at the
She said the agreement included
credits for waterline over-sizing, credits for off-site downstream sewer
installation and over-sizing, and the Town’s handling some easement
acquisition. Since that time, and before
the final agreement was completed, the developer approached the Town about some
changes to the sanitary sewer portion of the proposed agreement that are
necessitated by the construction schedule for the downstream Twelve Oaks
gravity sewer outfall and pumping station.
Ms. Sudano said the downstream
gravity sewer line and pumping station will not be available until after the
development of Phase 1 of the Forest Springs development.
Ms. Sudano reviewed the new terms of
the agreement the Council Members as follows: 1. Two phases of sewer installation required for
project and how that will work:
i.
No
credits from town;
ii.
Town
to get easements from
iii.
No
pump station upgrades needed (to be verified);
i.
Total
sewer related fees to be collected from developer for this project as noted
below (includes enough funding to cover estimated cost of downstream offsite
sewer:
1.
sewer
acreage fees 260units @ $300 = $78,000
2.
sewer
capacity fees 260units @ $3,000 = $780,000
ii.
Developer
to pay for half of cost of offsite outfall “b” up front;
iii.
Town
to pay developer for half of cost of offsite outfall “b”;
iv.
During
phase 1 development, developer places sewer acreage and sewer capacity fees for
all 156 units in escrow account (as they become due) for future outfall “b” sewer installation –
this will total $514,800 and shall be used to fund the developer’s portion of
“b” as noted in “iii” above;
v.
All
other fees, with exception of those escrowed above and those credited for
waterline over-sizing, will be paid when they become due;
vi.
A
time line for completion of “b” will be established in the agreement to meet
the Town’s needs (October 2007);
vii.
Upon
request from the Town, the Developer will oversize the offsite gravity line;
Ms. Sudano said the financial summary would be:
·
Estimated
cost construction sewer line “b” approx $895,000;
·
Developer
to design and pay for construction of ˝ of sewer line “b” up front from an
escrow account established and funded by sewer acreage and capacity fees from
phase 1 of the project;
·
Town
will need to up front half of construction cost of sewer line “b” and recoup
via fees as development occurs;
·
Developer
designs and constructs 12” waterline and receives credits against water acreage
fees in estimated amount of $67,000.
Action: The Council approved a motion agreeing to the
basic components of an infrastructure reimbursement agreement as noted above,
and authorize the preparation of the final agreement by the engineering director
and town attorney.
Motion
By: Womble
Second
By: VanFossen
Vote: Unanimous
7f.
Somerset Stream Developer Agreement Terms – Ms. Sudano said that this request
is for consideration of terms of an infrastructure reimbursement agreement for Somerset
Stream development.
She said the most significant component’s being providing
credits for an outfall to be installed from the existing Somerset Farms pump
station southward to the
Ms. Sudano said the agreement provides for - up front
payment of sewer development fees for construction of the sewer line by the
developer (along with Town funding of part of the line), credits against those
fees as the project develops, Town acquisition of both sewer easements for the
gravity sewer line and a right of way for the entrance to the development, and
various other more minor matters.
Ms. Sudano reviewed with the Council
Members the following terms of the infrastructure reimbursement agreement:
1.
Developer
to design and construct approx 6000’ of sewer outfall to take the existing
Somerset Farms pump station off line, down to the existing
2.
Town
to secure sewer easements using condemnation if necessary.
3.
Town
to secure
4.
Developer
will pay downstream fee in lieu of pump station upgrade when such fee is
normally due (per development approval condition). Any necessary upgrades will not hold up
certificates of occupancy for this project.
5.
Developer
to pay proportionate share of flood study costs per plan approval condition
(Town undertaking this study).
6.
Developer
to commit to custom lot subdivision.
7.
Developer
shall be allowed to pull building permits prior to completion of the sewer
outfall with the understanding that they may not go beyond plumbing final prior
to the outfall being completed.
8.
Town
will participate in the cost of the outfall, paying approximately half of the
cost based upon the engineer’s estimate as noted above.
Financials:
·
Estimated
portion sewer line construction costs eligible for credit – approx $676,248
($807,000 less cost of 8” line
($130,752))
·
Credits
available:
o
Sewer
capacity 109 lots x 3000=$327,000
o
Sewer
acreage 109 x 300=$32,700
o
Water
capacity 109 lots x 3000=$327,000
o
Water
acreage 109 x 300=$32,700
·
Total
available utility fee credits for the
entire project $719,400 (half to be “up fronted”
Action: The Council approved a motion to agree to the
stated terms of the infrastructure reimbursement agreement and authorized the preparation
of the final agreement by the engineering director and town attorney.
Motion
By: Womble
Second
By: Dickson
Vote: Unanimous
7g.
Reuse Water Elevated Storage Tank Site – Ms. Sudano explained that the Town needs to select
a site for the reuse water elevated storage tank. She said Davis-Martin-Powell Associates, Inc.
is designing the Town’s reuse effluent project, and she reviewed the proposed
sites recommended by the consultant. She
said the recommended factors of consideration for the site are primarily:
aesthetics and height (and additional height equals additional money). She said the consultant has confirmed that
all sites are of adequate size – in general a 200’ by 200’ site, with minimal
grading needed.
She noted that staff would recommend
site A, located on the corner of New Hill Road and Irving Parkway; however, Mr.
Dean said he has reservations about the site because he does not the highest
and best use for this property would be for a storage tank.
He asked the council to take the
information in the packet for review and defer action until he provides another
recommendation.
Action: The Council approved a motion to defer action
on this issue.
Motion
By: Atwell
Second
By: DeBenedetto
Vote: Unanimous.
7h.
Comprehensive Growth Plan and Master Parks Plan Consultants – Ms. Bobber explained that, as directed by
the Town Council at the 2006 Winter Retreat, staff requested proposals from
consulting firms to update the Town’s Comprehensive Plan and prepare a Parks
Master Plan.
Ms. Bobber reported that two consultant
teams submitted joint proposals for both the Comprehensive Plan and the Parks
Plan; three teams submitted proposals for the Parks Master Plan only; and two
consultant teams submitted proposals for only the Comprehensive Plan.
Ms. Bobber said staff interviewed
all responding consultant teams and both the Planning and Zoning and the Parks
and Recreation Departments independently determined that Design Based Planning
(Peter J. Smith & Company), who submitted a joint proposal, is the best
qualified and experienced team to complete both plans. She said by selecting this team for both, the
company is reducing its service expenses by 8% for each project. The total cost of completing both plans without
this discount is $193,990 and the discounted total cost is $179,620.
Ms. Bobber said staff recommends the Town Council authorize
staff to negotiate a contract for professional services for the Comprehensive
Plan with Design Based Planning in an amount not to exceed $110,760 and
authorize the Town Manager to sign the contract when contract negotiations are
finalized.
Ms. Bobber said also that staff recommends the Town Council
authorize staff to negotiate a contract for professional services for the Parks
Master Plan with Design Based Planning in an amount not to exceed $68,860 and
authorize the Town Manager to sign the contract when contract negotiations are
finalized.
Action #1:
The Council approved a motion to authorize staff to negotiate a contract
for professional services with Design Based Planning for development of the
Comprehensive Plan in an amount not to exceed $110,760 and authorize the Town
Manager to sign the contract when contract negotiations are finalized.
Motion By: VanFossen
Second
By: Dickson
Vote: Unanimous
Action #2:
The Council approved a motion to authorize staff to negotiate a contract
for professional services with Design Based Planning for development of the Parks
& Recreation Master Plan in an amount not to exceed $68,860 and authorize
the Town Manager to sign the contract when contract negotiations are finalized.
Motion By: VanFossen
Second
By: Dickson
Vote: Unanimous
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. None.
9.
Other Business: Councilman DeBenedetto reported
on his attending a regional NCLM meeting in
Councilman Womble pointed out that
there is a pothole on
10.
Manager’s Report: Mr. Dean asked council members
to provide comments prior to the next meeting on his memo about mid-year
positions. The fire department position
can be funded, he said, and the other two positions are growth-driven.
Council consensus was that all three
positions would be justified at this time.
11.
Closed Session: The Council approved a motion to
enter into Closed Session, pursuant to G.S. 143-318.11(a)(4)
to discuss matters relating to economic development and pursuant to
143-318.11(a)(3) to discuss matters with legal counsel regarding potential litigation
in the matter of
Motion
By: VanFossen
Second
By: Atwell
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 Dickson 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