Regular Meeting
Sept. 18, 2007
The Holly
Springs
Staff Members Present:
2 and 3.
The Pledge of Allegiance was recited, and the meeting opened with an
invocation by Rev. Horace Fergason, pastor of
4.
Agenda Adjustment: The
Items
Added to the Agenda: None.
Items
Removed from the Agenda: None.
Consent
Agenda Items Moved to New Business:
None.
Other Changes:
None.
Motion By:
Dickson
Second
By: DeBenedetto
Vote: Unanimous
5.
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 input was recorded: None.
6a.
NCDOT Litter Sweep - Mayor Sears reported
that the Governor has proclaimed Sept. 15-29, 2007 as “Fall Litter Sweep” time
in North Carolina, encouraging citizens in all 100 counties to take an active
role in making the state’s roadsides cleaner and commemorating the 19th
Anniversary of the North Carolina Adopt-a-Highway program and its 6,000
volunteer groups who donate their labor and time year-round.
Mayor Sears presented a localized
version of the Fall Litter Sweep proclamation and presented Certificates of
Appreciation to those in the 27540 zip code who are among the Adopt-a-Highway
volunteers commended by Gov. Easley.
Action: None.
7a.
He said the proposed subdivision contains 11 single-family
lots located on 2.6 acres at a density of 4.21 units per acre. The subdivision would be accessed from the
existing
Mr. Zawadski said the applicant also
is asking for two engineering exceptions regarding improvements to
He said on
He said staff had several discussions and received
additional information from the developer and engineer for the project. While staff still feels that constructing the
improvements would be best, staff agrees that two alternative requirements
would suffice:
·
Right
of way for
·
A
fee-in-lieu of constructing the road improvements and waterline.
Action #1: The Council approved a motion to approve an exception to the
Motion By: DeBenedetto
Second By:
Womble
Vote:
Unanimous.
Action
#2: The Council approved a motion to approve an exception to the
Motion By: DeBenedetto
Second By:
Womble
Vote:
Unanimous.
Action
#3: The Council approved a motion to approve preliminary plan
#07-
1)
Fee-in-lieu
of pump station upgrade will be required.
2)
Prior
to Final Plat, the following must be completed:
a)
Payment
of fees-in-lieu of land dedication in the amount of $904/unit.
3)
The
following items are to be included with 1st construction drawing
submittal (later in the approval process):
a)
A comprehensive drainage area map with
supporting calculations will need to be submitted.
b)
The
Somerset Basin Flood Study will need to be updated with this phase.
c)
Riparian
Buffer Homeowner education packet must be submitted with first erosion control
plan submittal.
4)
Within
10 business days of
a)
Show
the right-of-way dedication required for
Motion By: DeBenedetto
Second By:
Womble
Vote:
Unanimous.
7b.
Ms. Goodson addressed the
engineering issues of the project. She
said during the
Ms. Goodson said this TIA has been
completed and included updated traffic counts for this area and shows that the
requirements needed for this intersection at this time include constructing a
northbound right-turn lane on Sunset Lake Road and lengthening the existing
southbound left turn lane on Sunset Lake Road in addition to the proposed
traffic signal to be installed by the Town.
The developer has agreed to construct the turn lanes as a part of Phase
2a.
Action: The Council approved a motion to approve master plan #06-
1)
The
greenway approved on the master plan must be completed before the build out of
Phase II. Please provide plans for the
completion of greenway trail as shown on plans. (Note that Phase 1 greenway trail will be completed with Phase 2)
2)
The
following items will need to be included and completed with the development of
Phase 2a:
a)
Dedication
of right-of-way for the entire development shall be recorded.
b)
Prior
to the Construction Drawings of this phase (2a), the following will need to be
completed:
i)
Optimist
c)
The
requirements outlined in the TIA addendum will need to be completed including
constructing a northbound right-turn lane on
3)
The
following items will need to be included and completed with the next portion of
the development of Phase 2 (any lot in Phase 2 other than those included in
Phase 2a):
a)
The
full road improvements and sidewalk will be constructed on the development side
of
b)
An
exclusive right turn lane will be constructed on
4)
The
following items will need to be included and completed with Phase 3 development
plans:
a)
Install
a decorative traffic signal at
b)
All
remaining improvements of the Master Plan.
5)
Fee-in-lieu
of pump station upgrade will be required.
6)
The
following items are to be addressed with 1st construction drawing
submittal (later in the approval process):
a)
A comprehensive drainage area map and
supporting calculations will be required.
7)
Through
several reviews and meetings with the developer and staff, the master plan has
changed from what was originally submitted, therefore the following list of
conditions represent comments that need to be addressed on the plans prior to
the approval notice being issued. Within
10 business days of
a)
Show
utility easements for all water or sewer lines outside of the public
right-of-way.
b)
Remove
the reference for if required from the note referencing the stream crossing for
the
c)
Please
clarify the note about the Town’s help with obtaining right-of-way to state for
the Yates property only.
d)
Prior
to the approval of Sunset Lake Commons Phase 2 the developed open space
specified in note 4. b., located on the plans, needs to be submitted to the
Department of
e)
Remove
internal landscape buffer between the out parcels located within the Master
Plan and around the existing residential parcel this will be addressed during
Preliminary Plan Review.
f)
Revise
plans to reflect clearly the boundary of the individual phases of this Master
Plan (specifically where Phase 2a stops and Phase 2b continues).
Motion By:
Womble
Second By:
Dickson
Vote:
Unanimous.
8a. Public Hearing: Ordinance 07-16 (07-UDO-07) - Ms. Huffman said staff suggests making the
following revisions to correct grammatical errors, help clarify and improve the
applicability of UDO Section 7.06 & 7.09.
The
|
UDO Section # |
Page # |
Suggested
Modification |
|
Section 7.06 |
7.06-6 |
Part 1:
Greenways - change “chase” to “case” |
|
Section 7.06 |
7.06-7 |
Part 2: Types of Buffer Areas - either define and determine what
“Landscape Easement” is or remove |
|
Section 7.09 |
7.09-4 |
Part 3: Add clarification re: required for sidewalks in large
parking lots |
With that explanation completed,
Mayor Sears opened the public hearing to accept input. The following comments were recorded: None.
There being no input, the public hearing was closed.
Action #1: The Council approved a motion to accept and agree that the
following statement is true: “The
requested UDO Text Amendment is consistent with the Holly Springs Ten Year
Comprehensive Growth Plan Policies for Land Use. The proposed modifications to the Section
7.06, Special Regulations: Lot Design and Public Place Reservation and Section
7.09, Special Regulations: Open Space Regulations creates enforceable
ordinances to enact Policies.”
Motion By:
Dickson
Second By:
DeBenedetto
Vote:
Unanimous.
Action #2: The Council approved a motion to adopt Ordinance 07-16
enacting Unified Development Ordinance Amendment #07-UDO-07 to modify the text
of UDO Section 7.06, Special Regulations: Lot Design and Public Place
Reservation, and Section 7.09, Special Regulations: Open Space.
Motion By:
Dickson
Second By:
DeBenedetto
Vote:
Unanimous.
A
copy of Ordinance 07-16 is incorporated
into these minutes as addendum pages.
8b. Public Hearing: Bridgewater Townhomes,
07-DP-09 – Mr.
Zawadski said the Town has received a request for a development plan approval
for 9.3 acres accessed by Anchor Creek Way and located adjacent to the
Bridgewater Subdivision. The proposed
development plan includes 34 2- and 3-story townhouse units which would be
accessed by a new private street that would connect with the existing
He said thirteen off-street parking spaces are proposed
throughout the site as well as a sidewalk on one side of the street. A total of 5.64 acres (1.15 acres developed
and 4.49 acres passive) of open space are proposed throughout the site.
He said the front elevations of the
townhouses are proposed to be constructed primarily of horizontal vinyl siding,
shakes, and stone. Other architectural
elements include multiple building materials, standing seem metal roofs,
shutters, façade modulation, roofline variation, decorative fencing, and
porticos. The side and rear elevations
are proposed to be constructed with vinyl siding and shakes and include a
horizontal band and shutters.
Councilman DeBenedetto commended the
applicant for the energy star rating of the project design. He asked the difference between hardiplank
and vinyl siding, particularly as the difference pertains to fire ratings in
light of recent townhome project fires in other cities.
Tom Spaulding,
Brian Cope – Mr. Cope, with
Anderson Homes, addressed the Council on the question of vinyl siding. He said Anderson Homes uses 2-hour firewall
between units to mitigate the potential for fires to spread so quickly.
He explained that vinyl siding is a more
environmentally sound material and given more “green points” than hardiplank
because once it is installed, there is no maintenance or painting required that
would introduce substances into the environment.
Councilman VanFossen commented that
vinyl siding may be more environmentally sound, but it is not as attractive.
Mr. Cope agreed that this used to be
the case; however, he said the vinyl siding of today is more attractive than it
used to be. He also noted that,
according to the Census Bureau, that vinyl siding is second only to stucco as
the preferred exterior covering for homeowners in the $300,000 home value
range.
Councilman DeBenedetto said he still
feels that hardiplank is a safer, more fire-resistant material than vinyl. He asked if there was an opportunity to use
hardiplank in the project.
Mr. Spaulding said the developer is
getting higher green points for using vinyl and the cost of hardiplank versus
vinyl may not be in keeping with the project price point.
Councilman DeBenedetto maintained
that the development’s Silver Star rating may not be effected by the
elimination of only 3 points that were awarded for the vinyl siding.
With that explanation completed, Mayor Sears opened the
public hearing to accept input. The
following comments were recorded: None.
There being no input, the public hearing was closed.
Councilman Dickson asked how long the driveways were. Mr. Spaulding said in most cases, they were
20 feet beyond the sidewalk.
Councilman Dickson said his concern would be the driveway or
on-street parking in front of homes with front-load one-car garages. Mr.
Spaulding explained that boundary restrictions limit the design of the
townhomes.
Action: The Council approved a motion to approve development plan #07-DP-09 for Bridgewater Townhomes as
submitted by Spaulding and Norris, project number 629-06, dated revised
1) Fee-in-lieu of pump station upgrade
will be required
2)
Prior
to Final Plat, the following must be completed:
a)
Home
Owner’s Association covenants shall be submitted to and approved by the
Department of
b)
Payment
of fees-in-lieu of land dedication in the amount of $927/unit.
3)
Prior
to issuance of a building permit, revised plans that include the following
revisions shall be submitted to and approved by the Department of
a)
Replace
‘Euonymus’ shrub with a comparable native species on the landscape plan.
b)
Provide
elevations for the proposed gazebo which utilize similar colors and materials
as the townhouses.
4)
The
following items are to be included with the first construction drawing
submittal (later in the approval process):
a)
Documentation
shall be provided for offsite sewer easement on Windcrest Community Association
Inc. property
b)
A
comprehensive drainage area map with calculations.
c)
An
update to the Windcrest Flood study.
d)
All
environmental permits for the entire project.
e)
Provide
a signed USACE wetlands map. (Since USACE
is not currently providing signed wetlands maps, please provide an
5)
Riparian
Buffer Homeowner education packet must be submitted with first Erosion Control
Plan submittal.
Motion By:
VanFossen
Second By:
Womble
Vote:
The motion carried following a 3-2 vote. Councilmen DeBenedetto and Dickson voted
against the motion. Councilmen Womble
and VanFossen voted for the motion. Mayor Sears voted for the motion, breaking
the 2-2 tie.
8c.
Public Hearing: Townes at Arbor
Creek, 07-DP-13 – Ms.
Huffman said development plan 07-DP-13 is one of the last parcels in the Arbor
Creek Planned Unit Development that has not been developed.
She said in the PUD document, the
parcel is designated as mixed use/townhomes.
The applicant is asking for 19 townhome units to be placed on the 2.12
acres. The Arbor Creek PUD Master Plan
does not provide any specific development regulations for townhome projects;
therefore, the site plan is to be in conformance with the Town’s UDO Section
2.06, R-MF-8 regulations.
She said the PUD does specify
perimeter buffer requirements, so the
With that explanation completed,
Mayor Sears opened the public hearing to accept input. The following comments were recorded: None.
There being no input, the public hearing was closed.
Councilman DeBenedetto said he had similar questions about the
use of vinyl siding as he did with the previous agenda topic.
Councilman Dickson said his concerns with this plan, as with
the previous agenda item, would be the front yard driveways and on-street
parking in front of homes with front-load one-car garages.
Councilman VanFossen said he feels vinyl siding is not
attractive and that this plan is custom-suited for rear-loaded garages, which
would be more acceptable.
Ms. Huffman explained that the applicant was unable to
attend the Council meeting to address questions.
Action:
The Council approved a motion to defer action on 07-DP-13 for the Townes
at Arbor Creek until such time as the applicant could speak to concerns raised
by Council members.
Motion By:
Womble
Second By:
DeBenedetto
Vote:
Unanimous.
8d.
Public Hearing: Special Exception
Use Petition, 07-SEU-07 – Ms. Huffman said this project would be located in Phase II of the Sunset
Lake Commons Shopping Center on out parcel 6, which is the lot located next to
the main center in Phase I. The
applicant is proposing a tire and auto service center (with services limited to
those associated with standard oil changes) as well as a detached carwash.
Ms. Huffman said both the carwash
and the tire and auto service center are classified as Special Exception Uses
and are not permitted by right.
She said the subject parcel is
located in the Northeast Gateway Plan where automobile uses are not recommended
since they are not conducive to creating an urban village atmosphere for a
social meeting place and to being pedestrian-oriented.
She said the project originally was
designed on one of the centrally located parcels within Phase 2 of the center
and was scheduled to go to the May
Ms. Huffman said once the applicant
received the
Ms. Huffman said the petitioner has
relocated the proposed use to a parcel that is not as visible, has placed the
building closer to the street to create a pedestrian-friendly streetscape with
on-street parking, and has re-designed the building to remove the “pull through”
service bays and replaced them with “pull in and back out” bays, thus creating
an external appearance that the facility is not an oil change facility from the
street.
Councilman DeBenedetto asked if
tires would be a primary part of the business, since application information
indicated that tires would not be.
With that explanation completed, Mayor Sears opened the
public hearing to accept sworn testimony and qualified evidence. Under oath administered by the Deputy Town
Clerk, the following provided testimony to be recorded:
Don Kennedy,
There being no further testimony, the public hearing was
closed.
Councilman VanFossen said he is not a fan of auto service
uses in a shopping center. He said he
feels the applicant has done a good job of building design but does not feel
the town should set the precedent
Action
#1: The Council approved a motion to make and accept the
findings of fact to be recorded in the minutes for Special Exception Use
Petition #07-SEU-07 for Sunset Tire and Lube to allow for a carwash and a tire
and auto service center (with tire sales and service and auto service limited
to those services associated with standard oil changes) as submitted by BNK,
project number 0700600R, dated revised
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:
DeBenedetto
Second By:
Dickson
Vote:
The motion carried following a 3-1 vote. Councilmen DeBenedetto, Womble and Dickson
voted for the motion. Councilman
VanFossen voted against the motion..
Action #2: Having made findings of fact that the project meets the
requirements to be granted a Special Exception Use, motion to approve Special
Exception Use Petition #07-SEU-07 to allow for a carwash and a tire and auto
service center (with services limited to those associated with standard oil
changes) for Sunset Tire and Lube as submitted by
1. All conditions of approval for Sunset Lake
Commons Master Plan (06-
2. Fee-in-lieu of pump station upgrade will be
required.
3. The following items are to be included with 1st
construction drawing submittal (later in the approval process):
a. A comprehensive
drainage area map and supporting calculations.
4. Uses will be
limited to a Tire and
5. Prior to submittal
of Construction Drawings, Sunset Lake Commons Phase 2 preliminary plan (07-
Motion By:
Dickson
Second By:
DeBenedetto
Vote:
Unanimous.
A copy of Special
Exception Use application 07-SEU-07 entered into the record by the applicant
and addressing the findings of facts is incorporated into these minutes as
addendum pages.
Councilman DeBenedetto
stated for the record that a phone conversation he had with the applicant did
not play a role in his making findings of fact.
8e. Public Hearing: Growth Plan Amendment, 07-GPA-03 – Mr. Zawadski said the Town has
received a request for a Growth Plan Amendment for two properties located at
the intersection of Lockley Road and Sunset Lake Road. The two subject properties total 2.4 acres
within the Northeast Gateway Plan and have a Business land use
designation. The requested land use plan
change is Medium Density Residential.
He said during
the draft of the Northeast Gateway Plan, staff felt that the highest and best
use of these properties was business due to their proximity to a major road
median break.
He said since
the requested growth plan amendment is not in conformance with the plan, the
proposal was brought to the
Mr. Zawadski
explained that with the additional information that was provided with the
study, engineering staff determined that a service road or interconnectivity
between all of the lots that front on
With that explanation completed, Mayor Sears opened the
public hearing to accept input. The
following comments were recorded: None.
There being no input, the public hearing was closed.
Action: The Council approved a motion to approve 10-Year
Comprehensive Growth Plan Amendment 07-GPA-03 to change the future land use
designation of 0.23 acres of Wake County
Motion By:
VanFossen
Second By:
Dickson
Vote:
Unanimous.
8f.
Public Hearing: Zoning Map Change
Petition, 07-REZ-07 – Mr. Zawadski said the Town has received a request for conditional use
rezoning for two properties located at the intersection of Lockley Road and
Sunset Lake Road. The two subject
properties are located within the Northeast Gateway Plan area and had a
Business land use designation until the Growth Plan was amended in previous
action.
The properties are currently zoned
R-20: Residential and are requested to be rezoned to R-10CU: Residential (see
conditions below).
Mr. Zawadski said the applicant has
requested the following condition be placed on the properties:
With that explanation completed, Mayor Sears opened the
public hearing to accept input. The
following comments were recorded:
There being no further input, the public hearing was closed.
Action #1: The Council
approved a motion to accept
the following statement as true: “The
requested zone map change from R-20 to R-10 is consistent with the Holly
Springs 10-Year Comprehensive Growth Plan since the future land use plan map
indicates this property as Medium Density Residential and the R-10 Residential
District allows for development at a density up to 3.25 units per acre.”
Motion By: VanFossen
Second By:
Womble
Vote:
Unanimous.
Action #2: The Council approved a motion to approve zone map change
petition #07-REZ-07 to change the zoning of .23 acres of Wake County
Motion By:
VanFossen
Second By:
Womble
Vote:
Unanimous.
8g.
Public Hearing: Zoning Map Change
Petition, 07-REZ-12 – Mr. Jones said the applicant is proposing to rezone 0.22 acres along
With that explanation completed, Mayor Sears opened the
public hearing to accept input. The
following comments were recorded: None.
There being no input, the public hearing was closed.
Action #1: The Council approved a motion to accept and agree that the
following statement is true: “The
requested zone map change from R-15 to R-MF-8 is consistent with the Holly
Springs Ten Year Comprehensive Growth Plan (The Village District Area Plan) since
the Future Land Use Plan Map indicates this property as Attached
Residential Housing. R-MF-8 zoning designation will fit into the
area. The requirements allowing for a
multi-family zoning will be in conformance with its surroundings.”
Motion By:
Dickson
Second By:
Womble
Vote:
Unanimous.
Action #2: The Council approved a motion to approve Zone Map Change
Petition #07-REZ-12 to change the zoning of
a portion of #0648893501, as specified in the attached legal
description, from R-15: Residential to RMF-8: Multi Family Residential as
submitted by Douglas Ledson.
Motion By:
Dickson
Second By:
Womble
Vote:
Unanimous.
At this time, Mayor Sears asked the Town Attorney if he and
Councilman VanFossen should recuse themselves from action on the Consent Agenda
since one of the items is a budget amendment to monitor water usage through
SCADA at the 12 Oaks Golf Course. He
added that he and Councilman VanFossen are both under contract with the developers
of 12 Oaks Subdivision.
The Town Attorney said recusal was not necessary since the
topic of the agenda item was related to the Town’s purchase of SCADA for its
reclaimed water system and would have no financial significance for either of
the Council members.
9.
Consent Agenda: The Council approved a motion to
approve all items on the Consent Agenda.
The motion carried following a motion by
9a. Minutes - The Council approved minutes of the Council’s regular meetings held on
June 19 and
9b. Budget Report – The Council received a
report of FY 2007-08 budget amendments #1 through #12 approved by the town
manager. A copy of the budget amendment report is incorporated into these minutes
as an addendum page.
9c. Budget Amendment, $88,890 – The Council adopted amendments to
the prior FY 2006-07 budget in the amount of $88,890 to reclassify debt service
payment. Copies
of the budget amendments are incorporated into these minutes as addendum pages.
9d. Budget Amendment,
$30,000 – The Council adopted an amendment to the FY
2007-08 budget in the amount of $30,000 to fund the necessary equipment,
electrical and engineering services needed to add the ability to monitor water
usage through SCADA at the 12 Oaks Golf Course.
A copy of the budget amendment is
incorporated into these minutes as an addendum page.
9e.
Resolution 07-36 – The Council adopted Resolution 07-36, a bank
financing resolution for the installment purchase of vehicles. A copy
of Resolution 07-36 is incorporated into these minutes as addendum pages.
9f.
9g.
Western Wake Partnership Policy Advisory Committee – The Council approved
a Western Wake Partnership Policy Advisory Committee recommendation to amend
the inter-local agreement for the project.
A copy of the Inter-local
Agreement amendment is incorporated into these minutes as addendum pages.
9h.
South Gateway Area Policy P-027– The Council adopted amendments to
Policy Statement P-027 to add the new South Gateway Area Plan. A copy
of Policy Statement P-027 is incorporated into these minutes as addendum pages.
9i.
IT Department and Town Clerk’s Office Reclassifications – The
Council approved organizational changes
in the IT Department and the Town Clerk’s Office and authorized
reclassifications and salary adjustments within existing budgets.
9j. Rescue Technician Reclassification – The
Council approved reclassification of one of three Rescue Technician positions
to that of firefighter.
10a. Sunset Ridge,
Ms
Keefer explained that the Sunset Ridge Subdivision’s plat was re-recorded in
July 2003 and at that time the Town’s Flood Damage Prevention Ordinance did not
allow residential development in the 100-year floodplain; however, the
ordinance did allow residential lot development in the 500-year floodplain.
In
May of 2006 the Town changed the ordinance to include the 500-year floodplain
as an unbuildable area to limit the amount of flooding problems on new lots
created in the Town. The recorded plat
for this lot gives the appearance that there is enough buildable area outside
of the 100-year floodplain and the Town of Holly Springs utility easement to
construct a single family residence.
After
review of the proposed building permit application staff determined that there
was a drainage feature and 500-year floodplain that existed on this property in
addition to the sanitary sewer easement and the 100-year floodplain. The builder changed the proposed plot plan to
remove development from the 100-year floodplain, which would bring the lot into
compliance with the Flood Damage Prevention Ordinance that was in effect when
the lot was rerecorded in 2003.
The
builder was unable to find another suitable location for the foundation of the
home due to the topography of the lot, including a steep slope off of the road,
a drainage feature running at the bottom of the slope perpendicular to the driveway,
the location of the existing sanitary sewer line which is located in a utility
easement in the middle of the property and the location of the 100-year
floodplain located in the back of the property.
In
addition to obtaining the variance to the Flood Damage Prevention Ordinance
from the Town Council, the builder must prove to the Town that the lot complies
with the State of North Carolina, Neuse Buffer Regulations and the Town of
Holly Springs
She
said because the
The
appeal board shall consider all technical evaluations, all relevant factors,
all standards specified in other sections of this ordinance and the following
factors provided in a written report provided by the property owner or their
authorized agent in the variance application.
Responses to the findings of fact have been provided by the applicant,
she added.
(1)
The danger that materials may be swept onto other lands to the injury of
others;
(2)
The danger to life and property due to flooding or erosion damage;
(3)
The susceptibility of the proposed facility and its contents to flood
damage and the effect of such damage on the individual owner;
(4)
The importance of the services provided by the proposed facility to the
community;
(5) The necessity to the facility of
a waterfront location as defined under Sec. 8-85 of this ordinance as a
functionally dependant facility, where applicable;
(6)
The availability of alternative locations, not subject to flooding or
erosion damage, for the proposed use;
(7)
The compatibility of the proposed use with existing and anticipated
development;
(8) The relationship of the proposed
use to the comprehensive plan and floodplain management program for that area;
(9)
The safety of access to the property in times of flood for ordinary and
emergency vehicles;
(10) the expected heights, velocity,
duration, rate of rise, and sediment transport of the floodwaters and the
effects of wave action, if applicable, expected at the site; and
(11)
the costs of providing governmental services during and after flood
conditions including maintenance and repair of public utilities and facilities
such as sewer, gas, electrical and water systems, and streets and bridges.
Ms. Keefer said upon
consideration of the factors listed above and the purposes of the Flood Damage
Prevention Ordinance, the appeal board may attach such conditions to the
granting of variances as it deems necessary to further the purposes of the ordinance. Staff recommends the approval of the variance
to the Flood Damage Prevention Ordinance with the following conditions of
approval as listed below:
1.) This variance is to allow
encroachment into the 500-year floodplain only, structures including but not
limited to the residential home and the pool can not be located in the 100-year
floodplain or the regulated Floodway.
2.) Documentation must be provided to
the Town that the
3.) If applicable, a Nationwide 404
Permit and 401 Certification must be obtained prior to issuance of the building
permit.
4.) The lowest finished floor elevation
and utilities of the single family residence and the pool’s mechanics must meet
all building code requirements in respect to the Town’s minimum freeboard
requirements.
5.) The storm drainage for the proposed
driveway must be designed to meet Town
Ms. Keefer said the Flood Damage
Prevention Ordinance required the following conditions to variance to be met in
order for the Appeal Board to approve the variance. The following conditions for variances are
listed and comments have been outlined below.
This home can not be relocated on the lot to
provide less impact to the floodplain and meet other
building requirements.
There are no better locations
available for construction of a single family residential structure and
accessory structures on this property.
Failure to grant the variance would
result in exceptional hardship to the current property owner and the contractor due to the amount of
resources used to purchase and plan for the development
of the lot that has been platted in 2003.
Since the proposed development is
located outside of the designated floodway there is no increase in the flood
heights because the fill of this area has been taken into account when determining
the width of the designated floodway in this area.
Action
#1: The Council approved a motion to accept the following findings of
fact to be recorded in the minutes:
(1) The danger that materials may be swept onto
other lands to the injury of others;
(2) The danger to life and property due to
flooding or erosion damage;
(3) The susceptibility of the proposed facility
and its contents to flood damage and the effect of such damage on the
individual owner;
(4) The importance of the services provided by
the proposed facility to the community;
(5)
The necessity to the facility of a waterfront location as defined under Sec.
8-85 of this ordinance as a functionally dependant facility, where applicable;
(6) The availability of alternative locations,
not subject to flooding or erosion damage, for the proposed use;
(7) The compatibility of the proposed use with
existing and anticipated development;
(8)
The relationship of the proposed use to the comprehensive plan and floodplain
management program for that area;
(9) The safety of access to the property in times
of flood for ordinary and emergency vehicles;
(10)
the expected heights, velocity, duration, rate of rise, and sediment transport
of the floodwaters and the effects of wave action, if applicable, expected at
the site; and
(11) the costs of providing governmental services
during and after flood conditions including maintenance and repair of public
utilities and facilities such as sewer, gas, electrical and water systems, and
streets and bridges.
Motion
By: Dickson
Second
By: VanFossen
Vote: Unanimous.
Action
#2: The Council approved a motion
to approve a variance to the Flood Damage Prevention Ordinance for lot 35R in
the Sunset Ridge Subdivision,
1) This variance is to allow encroachment into the
500-year floodplain only, structures including but not limited to the
residential home and the pool cannot be located in the 100-year floodplain or
the regulated Floodway
2) Documentation must be provided to the Town that
the
3) If applicable, a Nationwide 404 Permit and 401
Certification must be obtained prior to issuance of the building permit.
4) The lowest finished floor elevation and utilities
of the single family residence and the pool’s mechanics must meet all building
code requirements in respect to the Town’s minimum freeboard requirements.
5) The storm drainage for the proposed driveway must
be designed to meet Town
Motion
By: VanFossen
Second
By: Womble
Vote: Unanimous.
10b. Gable Ridge Culvert – Ms. Sudano reported
that this agenda item needs to be tabled.
Action: The Council approved a motion to table the item.
Motion
By: VanFossen
Second
By: DeBenedetto
Vote: Unanimous.
10c.
She said in addition developers would
have to set up homeowner associations and covenants that obligate the residents
of the developments where the decorative signs are installed to pay for ongoing
maintenance and replacements. This
policy statement is consistent with the Town’s policy statement on decorative
street lighting, she added.
Action:
The
Motion By:
Womble
Second
By: DeBenedetto
Vote: Unanimous.
A copy of Policy
Statement P-11.1 Specialty Traffic Control and Street Name Signs and Posts is
incorporated into these minutes as addendum pages.
10d.
Stonemont IRA –
Ms. Sudano said that on August 21, the
She said since the time of Stonemont
approval, the developer of Stonemont has advised the Town that the developer of
Union Ridge has no schedule to install the downstream sewer any time soon. He has requested permission to install a pump
station and associated infrastructure with his development. The station would be sized to accommodate up
to 50% of future development upstream of Stonemont, as opposed to the full
basin. This is because it is staff’s
opinion that the downstream pump station and other infrastructure would be
installed before 100% development, she added.
Ms. Sudano said that, in accordance
with Town policy, the developer of Stonemont is eligible for oversizing
reimbursement from development fees for the oversized portion of the pump
station, force main, and internal
gravity lines. The amount of credit that
the developer is eligible for – based upon engineer’s cost opinions – is $101,100. This translates to a maximum amount of credit
that could be granted of $101,100 plus 10%, or $112,210
She said the credits would be from
sewer acreage fees and sewer capacity replacement fees for the Stonemont
project, which total $549,400.
Action: The
Motion By:
VanFossen
Second
By: Womble
Vote: Unanimous
A copy of the Stonemont
Infrastructure Reimbursement Agreement is incorporated into these minutes as
addendum pages.
11.
Other Business:
Action:
The Council approved a motion to provide the Wake County Board of
Education with information about the growing need for schools in
Motion
By: Womble
Second
By: DeBenedetto
In discussion, Council members
expressed that the concept was something all had agreed upon and that there was
no need for a motion.
Vote: The motion carried following a 3-1 vote. Councilmen DeBenedetto, Womble and VanFossen
voted for the motion. Councilman Dickson
voted against, saying he supported the idea but did not feel a motion was
necessary since the Town already has agreed to do it.
Councilman VanFossen asked Chief
Parker about the fire issue surrounding vinyl siding. Chief Parker said his initial response would
be that no changes in ordinances are necessary, but he would like to research the
issue further before venturing a recommendation on changing town ordinances.
Councilman VanFossen said the Town
needs to look at front-loaded garages, driveways and so forth because it is not
fair to developers for them to follow the rules in place and then get voted
down at a Council meeting. He asked that
the issue be scheduled for TRC discussion.
12.
Manager’s Report: Mr. Dean reported that there
would be a meeting of the Town Council and Comprehensive Plan Steering
Committee on Sept. 20; Mayor Sears reported on the ribbon-cutting and open
house for 12 Oaks; Mr. Dean passed on the appreciation of Capt. Mike Fielder’s
family following the soldier’s death in Iraq and the town’s lowering of its
flags in his honor.
13.
Closed Session: The Council approved a motion to
enter into Closed Session, pursuant to G.S. 143-318.11(a)(3)
to discuss a legal matters with the town attorney, specifically a
potential condemnation matter for right-of-way along Green Oaks Parkway.
Motion
By: Dickson
Second
By: VanFossen
Vote: Unanimous
General Account of Closed Session –
In Closed Session, the
--
End General Account
Councilman Atwell made a motion that the Council return to
Open Session, and it was seconded by Councilman Dickson. The vote was unanimous.
14.
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.