Regular Meeting
Aug. 19, 2008
MINUTES
The
Staff Members Present:
2 and 3.
The Pledge of Allegiance was recited, and the meeting opened with an
invocation by Rev. Billy Dennis, pastor of
4.
Agenda Adjustment: The
Motion
By: Sack
Second
By: Dickson
Vote: Unanimous
Items
Added to the Agenda: None.
Items
Removed from the Agenda: None.
Consent
Agenda Items Moved to New Business:
None.
Other
Changes: None.
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:
Tom O’Hare,
The second item, he said, would be traffic-calming devices
on the roadways to control speeds. He
said residents have signed a petition asking for these options.
A copy of Mr. O’Hare’s
comments and the pages of the petition he referenced are incorporated into
these minutes as addendum pages.
Mr. O’Hare also asked that the Town Council authorize “No
Drop Off” and “No Turn Around” signs.
He explained that many students who leave the campus as
“walkers” are really being picked up in the intersection by parents, and it is
causing a safety hazard for children and congestion in the neighborhood. He pointed out that other areas of town have
been equipped with four-way stops and traffic-calming devices, so there is a
precedent.
Pam Devlin,
She requested four-way stops; speed humps; and No Drop-Off
zones.
Doug Mason,
He asked if the Town used the Manual on Uniform Traffic
Control Devices (MUTCD) with guidelines for the installation of stop signs.
The Town does use the MUTCD as a guideline, but the stop
signs are installed at the discretion of the Town Council.
Mr. Mason warned that the Town could be liable if stop signs
are not installed in accordance with the manual. He also pointed out that speed humps that
were suggested by residents are noisy and slow down response time of emergency
vehicles by 20 seconds each.
Mr. Mason said there is a problem in the intersection, but
the solutions offered by residents would create new problems.
6a.
Annexation Petition A08-05, Adams, Coley, Lorenzen and Vaughan – Mr. Jones explained that the public hearing for this
annexation petition was held on June 17; however, action on this voluntary
annexation has been deferred a number of times at the request of the applicant.
Mr. Jones said the Town received a petition
for voluntary annexation of approximately 196.72 acres located along NC Hwy. 55. The petition meets all the statutory requirements
for annexation.
Action: The Council approved a motion to adopt Annexation Ordinance A08-05 annexing
approximately 196.72 acres owned by
Carlyle D. Adams (Tracts A & B); Patsy R. Coley; Jeanette C. Lorenzen;
Vaughan Farms Limited Partnership and Lunette S. Vaughan, and more particularly
described as Wake County PINs: 0658.03-13-8033 (portion of); 0658-24-6285;
0658-04-9799; 0658-13-3419 and 0658-03-4571, into the corporate limits of the
Town of
Motion: DeBenedetto
Second: Dickson
Vote:
Unanimous
A copy of Annexation
Ordinance A08-05 is incorporated into these minutes as addendum pages.
6b. Zoning Map Change Petition
08-REZ-03 – Mr. Jones said this rezoning
request first came before the Town Council on April 15 and again on June 17
when the annexation public hearing was held.
The petitioner asked for a delay in action both times to a time when the
Towns of
Mr. Jones said the town received a
petition requesting that the Town rezone approximately 53.365 acres (of the
approximately 196 acres annexed) along NC Hwy. 55 from R-30 upon its annexation
to Community Business. The annexation is for several parcels totaling some 196
acres, and this rezoning petition applies only for a portion of the
southernmost parcel.
He said the proposed zone map change
is located within the Southern Gateway Plan and is designated as a
Mr. Jones said this area would be
defined with a mix of higher-density residential and commercial centers. Uses in this area should provide walkability
to adjacent uses and should be of a higher architectural standard than that of
a normal commercial use to set the tone of the village-like character that the
Town is striving to create.
Action #1: The
Council approved a motion to accept the following statement as true: “The requested zone map change
from R-30 to CB is consistent with Vision
Motion: Sack
Second: Dickson
Vote:
Unanimous
Action #2: The
Council approved a motion to adopt Rezoning Ordinance R08-06 to approve Zone Map Change Petition
#08-REZ-03 to change the zoning of 53.365 acres of Wake County
Motion: Sack
Second: DeBenedetto
Vote: Unanimous
A copy of Rezoning Ordinance
R08-06 is incorporated into these minutes as addendum pages.
7a.
Public Hearing: Annexation
Petition A08-07, Adams Property – Mr. Jones said the Town has received a petition for voluntary
annexation of approximately 8.461 acres located along NC Hwy. 55. The parcel, Mr. Jones said, is the remaining
portion of the
With that explanation
completed, Mayor Sears opened the public hearing. The following comments were recorded: None.
There being no comments,
the public hearing was closed.
Action: The
Council approved a motion to adopt Annexation Ordinance A08-07 annexing approximately 8.461 acres owned by Carlyle D. Adams (portion
of Tract A); and more particularly described as Wake County PINs: 0658.03-13-8033
(portion of), into the corporate limits of the Town of
Motion: Dickson
Second: Sack
Vote:
Unanimous
A copy of Annexation
Ordinance A08-07 is incorporated into these minutes as addendum pages.
7b. Public Hearing: Zoning Map Change Petition 08-REZ-08 – Mr. Jones said the Town has received a petition requesting
that the Town rezone approximately 8.5 acres along NC Hwy. 55 from R-30 upon
annexation to Community Business. The
subject parcel is part of a larger tract that is located within the Town of
The subject parcel of the proposed
zone map change is located within the Southern Gateway Plan and is designated
as a
With
that explanation completed, Mayor Sears opened the public hearing. The following comments were recorded: None.
There being no comments,
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-30 to CB is consistent with Vision
Holly Springs the Comprehensive Plan since the Future Land Use Plan Map
indicates this property as a
Motion: Dickson
Second:
VanFossen
Vote:
Unanimous
Action
#2: The Council approved a
motion to adopt Rezoning
Ordinance R08-10 to approve Zone Map Change Petition #08-REZ-08 to change the
zoning of 8.461 acres of Wake County PIN# 0658139246 (part of) from R-30:
Residential to CB: Community Business as submitted by Jay Gilleece of Hugh J.
Gilleece, III and Associates, P.A.
Motion: Dickson
Second: VanFossen
Vote: Unanimous
A copy of Rezoning Ordinance
R08-10 is incorporated into these minutes as addendum pages.
7c. Public Hearing: Zoning Map Change Petition 08-REZ-09 – Mr. Jones said the Town has
received a petition requesting that
With
that explanation completed, Mayor Sears opened the public hearing. The following comments were recorded: None.
There being no comments,
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-10 to LB is consistent with the
Vision Holly Springs Comprehensive Plan since the Future Land Use Plan Map
indicates this property as Business, and the LB: Local Business Zoning
Classification is commercial in nature.”
Motion: Sack
Second: DeBenedetto
Vote:
Unanimous
Action
#2: The Council approved a
motion to adopt Rezoning
Ordinance R08-11 to approve Zone Map Change Petition #08-REZ-09 to change the
zoning of 0.39 acres of Wake County
Motion: Sack
Second: Dickson
Vote: Unanimous
A copy of Rezoning Ordinance
R08-11 is incorporated into these minutes as addendum pages.
Action: At this time, the Council approved a motion to recuse
Councilman VanFossen from discussion and action on Item 7d. due
to his professional involvement in the project. [Note: A quorum of the Council
remained intact with three Council members and the mayor.)
Motion
By: Sack
Second
By: Dickson
Vote: Unanimous.
7d. Public Hearing: Zoning Map Change Petition 08-REZ-10 – Mr. Jones said the Town has
received a request for a zone map change for two parcels along
With
that explanation completed, Mayor Sears opened the public hearing. The following comments were recorded: None.
There being no comments,
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-10 to LB is consistent with the
Vision Holly Springs Comprehensive Growth Plan since the Future Land Use Plan
Map indicates this property as Business, and the LB: local Business District
allows for Commercial development.”
Motion: Dickson
Second: DeBenedetto
Vote:
Unanimous
Action #2: The
Council approved a motion to adopt Rezoning Ordinance R08-12 to approve Zone Map Change Petition
#08-REZ-10 to change the zoning of 0.92
acres of Wake County PINs 0659974081 and 0659975028 from R-10: Residential to
LB: Local Business as submitted by Randall Miller.
Motion: Dickson
Second: DeBenedetto
Vote: Unanimous
A copy of Rezoning Ordinance
R08-12 is incorporated into these minutes as addendum pages.
Action: The Council approved a motion to readmit Councilman
VanFossen into the meeting.
Motion
By: Sack
Second
By: Dickson
Vote: Unanimous.
7e. Public Hearing: Annexation Petition A08-08, Stafford Land
Company, Inc. – Mr. Jones said the Town has received a petition for voluntary annexation of approximately
17.62 +/- acres located along NC Hwy. 55.
The petition meets all the statutory requirements for annexation.
With that explanation
completed, Mayor Sears opened the public hearing. The following comments were recorded: None.
There being no comments,
the public hearing was closed.
Action: The
Council approved a motion to adopt Annexation Ordinance A08-08 annexing approximately 17.62 -/+ acres owned by Stafford Land Company, Inc.,
and more particularly described as Wake County PIN: 0658.09-05-4789, into the
corporate limits of the Town of
Motion By:
Dickson
Second: Sack
Vote:
Unanimous
A copy of Annexation
Ordinance A08-08 is incorporated into these minutes as addendum pages.
7f. Public Hearing: Development Plan 08-DP-02
He said four off-street parking
spaces per unit are proposed throughout the site as well as sidewalks for
pedestrian access. A total of 3.40 acres
(0.09 acres developed and 3.31 acres passive) of open space are proposed
throughout the site.
Mr. Jones said the front of the
townhouses are proposed to be constructed primarily of horizontal vinyl siding,
shakes and stone. Other architectural
elements include multiple building materials, standing seam 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.
Mr. Jones reported that the Planning
Board had reviewed the plan and recommends approval with conditions. The Planning Board did have questions about
the plan, specifically about the adequacy of parking at the mail kiosk.
Councilman DeBenedetto said he
thought the Town did not want to see vinyl siding, and he asked why this was
being proposed.
Mr. Jones explained that the Town
does not have ordinances currently that prohibit an applicant from proposing
vinyl siding.
Councilman DeBenedetto said he had
concerns about vinyl siding because of fire hazard and quality of construction.
Mr. Jones said the proposed materials
would be in keeping with the other parts of the
Councilman Sack asked if the
applicant had addressed the Planning Board’s concerns about parking at the mail
kiosk.
Tom Spaulding of Spaulding and
Norris – Mr. Spaulding, representing the applicant, responded, saying that the
developer could install “Reserved for Mail Pick-Up Only” signs or move the
kiosk. Additional spaces, he said, would
not be feasible because of flood plain limits.
He said the company would be glad to consider options.
Councilman VanFossen suggested
moving the guest parking down and then installing a pull up lane at the mail
kiosk or an additional “mail only” parking space.
Council directed the applicant to
work with staff to provide additional parking at the mail kiosk, or at the very
least, a mail pull-up lane.
Councilman Dickson asked how much an
alternative exterior siding would drive up the price of the units.
Brian Rieland, 201
Councilman VanFossen pointed out
that requiring an alternative siding on the townhome section when the rest of
the subdivision featured vinyl siding on single-family homes was not logical.
Councilman DeBenedetto said he was
concerned about the fire hazard of vinyl siding.
Councilman VanFossen explained that
the disastrous fire in
Councilman
DeBenedetto maintained his position that vinyl siding is a fire hazard as
compared to hardiplank, and he thinks there are many other towns that have
adopted restrictions against the use of vinyl siding.
With
that explanation and disucssion completed, Mayor Sears opened the public
hearing. The following comments were
recorded: None.
There being no comments,
the public hearing was closed.
Action: The
Council approved a motion to approve Development Plan #08-DP-02 for Bridgewater West Townhomes Phase
II as submitted by Spaulding & Norris Engineering, project number 360-02,
dated revised
Motion By:
Sack
Second: Dickson
Vote: The
motion carried following a 3-1 vote.
Councilmen VanFossen, Sack and Dickson voted for the motion. Councilman DeBenedetto voted against.
Councilman VanFossen asked Ms.
Clapp if the Planning & Zoning Department would research what other towns
do regarding vinyl siding and how any restrictions are being done legally.
8.
Consent Agenda:
The Council approved all items on the Consent Agenda following a motion
by Councilman Sack, a second by
8a. Budget Amendment Report - The Council received a report of
amendments to the FY 2008-09 budget approved by the town manager. A copy of
the budget amendment report is incorporated into these minutes as an addendum
page.
8c. Budget Amendment, $195,000 – The Council adopted
an amendment to the Reserve Fund Budget for FY2007-08 in the amount of $195,000
to transfer funds from Wastewater Reserves to the Wastewater Treatment Plant
Expansion Project Budget, which was approved at the
8d. Budget
Amendment, $1,110 - The Council adopted an amendment
to the FY 2008-09 budget in the amount of $1,110 to receive insurance proceeds
for maintenance of a fire/rescue vehicle. A copy
of the budget amendment is incorporated into these minutes as an addendum page.
8e. Budget Amendment, $1,150 – The
Council adopted an amendment to the FY 2008-09 budget in the amount of $1,150
to receive insurance proceeds for maintenance of a water distribution vehicle. A copy
of the budget amendment is incorporated into these minutes as an addendum page.
9a. Development Plan 08-DP-03,
Lowe’s – Ms. Clapp said that Lowe’s Home
Improvement proposes to locate a new store immediately south of the Shoppes at
She
said the proposed building is approximately 154,415 sq. ft. including a garden
center on a 17.60-acre tract zoned CB: Community Business. There would be two locations in the rear of
the structure for outdoor storage, and, like many of the home improvement stores,
there is a total of 13,539 sq. ft. of outdoor sales and display area proposed
along both front facades.
With
the approval of this development plan, the applicant is requesting one
engineering exception to the Engineering Design and Construction Standards, a
number of waivers from Unified Development Ordinance regulations pertaining to
the construction of the building and that one of the conditions of approval recommended
by staff and the planning board be eliminated.
A
recommended condition of approval on the plan is Condition No. 4, which states,
“Prior to issuance of Certificate of Occupancy a pedestrian corridor must be
constructed and dedicated to the Town as a component of the Town’s Greenway
System in accordance with the Parks and Recreation Master Plan. If another suitable location of the
pedestrian access is determined, the Director of Parks and Recreation may
approve the change.”
The
applicant is requesting that it not be required to provide this pedestrian
corridor.
The Engineering Design and
Construction Standards require that all developments extend sewer to the
adjacent properties to provide for future sewer connection of upstream
properties. In this instance, Lowe’s is
able to be served by tying a sewer service to a sewer stub that was provided to
the property line through the Shoppes at Holly Springs development and would
not need to extend a public line into the site in order to serve the property.
Ms.
Goodson said there is a second sewer manhole located on NC Hwy. 55 that was
provided by Shoppes at
The
Town Manager suggested that Lowe’s be allowed to provide the right of way for
future sewer to the Wilco-Hess site.
This is something he and principles of Lowe’s have discussed and to
which all have tentatively agreed. Mr.
Dean said, in his opinion, Lowe’s should not have to provide sewer service that
it will not be using, and the Wilco-Hess property owner is responsible for
providing sewer to its site. Mr. Dean
said he would recommend that Lowe’s be granted an exception from the
Engineering Design and Construction Standards with the condition that right of
way for future sewer extension would be provided. When the Wilco-Hess site owner is ready to
develop, he would extend the line to his site down the right of way, repairing
any of Lowe’s entrance pavement that might be
destroyed in the process.
The
following actions are tied to this development plan petition:
1. Findings of
fact for waiver of UDO Section 3.08.
2. Action on
request for UDO waiver to allow reduction in required masonry from 60% to
48.25% masonry material on the southern elevation façade.
3. Findings of
fact for waiver of UDO Section 7.03.
4. Action on
request for UDO waiver to allow an increase in the height of letters from 48”
to 70” and logo from 60” to 206” on the south elevation and to allow an
increase in the height of letters from 48” to 93” and logo from 60” to 275” on
the east elevation for the Lowe’s signage.
5. Findings of
fact for waiver of UDO Section 7.04.
6. Action on
request for UDO waiver to allow for an increase from 75% to 90% of the total
number of off-street parking spaces to be placed between the front building
line and the property line.
7. Action on
request for exception to Engineering Design and Construction Standards of requirement to extend sanitary
sewer to all adjacent property lines in order to serve upstream properties with
sewer.
8. Action on
development plan.
Ms.
Clapp said the applicant is requesting a waiver of regulations of UDO Section
3.08, B., Gateway Corridor and Residential Gateway Architectural and Site
Design Regulations, for Petition #08-DP-03 for Lowe’s Home Improvement, Inc, to
allow for a reduction from 60% to 48.25% masonry material on the southern
elevation facade.
A
petition for a waiver of regulations of UDO may be granted only upon the
presentation of sufficient evidence to enable a written determination that:
Waiver Findings of Fact:
1. The proposed development represents the use of
(building materials, colors,
textures, building architecture, roof
features, façade modulation, building
orientation, signs, landscaping,
lighting or open space) which will result in a development pattern which is
equivalent to or superior to that achievable under the applicable regulations;
2. The proposed development will be compatible
with and will enhance the use or
value of area properties;
3. The proposed development is consistent with
the intent of the Comprehensive Plan; and,
4. The proposed development is consistent with
the intent and purpose of this UDO.
Action #1: The Council approved a motion to make and accept
findings of fact to be recorded in the minutes for Development Petition
08-DP-03 for Lowe’s Home Improvement for a waiver of regulations of UDO Section
3.08, B., Gateway Corridor and Residential Gateway Architectural and Site
Design Regulations, to allow for a reduction from 60% to 48.25% masonry material
on the southern elevation facade for Petition 08-DP-03 for Lowe’s Home
Improvement, Inc.
Motion
By: VanFossen
Second
By: Dickson
Vote: Unanimous.
Action
#2:
Having made findings of fact that the petition meets the
requirements to be granted a waiver of regulations of UDO Section 3.08, B.,
Gateway Corridor and Residential Gateway Architectural and Site Design
Regulations, the Town Council approved a motion to grant a waiver to allow for
a reduction from 60% to 48.25% masonry material on the southern elevation
facade for Development Plan Petition 08-DP-03 for Lowe’s Home Improvement, as
submitted by Lowe’s Home Centers, Inc., drawn by Scott & Goble Architects,
dated
Motion
By: VanFossen
Second
By: DeBenedetto
Vote: Unanimous.
Ms.
Clapp said that the applicant is requesting a waiver of regulations of UDO
Section 7.03, E., Signs in Commercial/Mixed Use Districts and Industrial
Districts, for Petition #08-DP-03 for Lowe’s Home Improvement, Inc, to allow an
increase in the height of letters from 48” to 70” and logo from 60” to 206” on
the south elevation and to allow an increase in the height of letters from 48”
to 93” and logo from 60” to 275” on the east elevation for the Lowe’s signage.
A
petition for a waiver of regulations of the UDO may be granted only upon the
presentation of sufficient evidence to enable a written determination that:
Waiver Findings of Fact:
1.
The proposed signs are harmonious with the buildings
and sites they occupy;
2. The
proposed signs will not create a hazard to motorists or pedestrians resulting
from the sign location, size or configuration;
3.
The proposed signs will not increase the total
combined sign surface area allowed for the front sign zone, interior sign zone
and building signs on the lot, out lot, integrated center, business park,
industrial park, subdivision or building served by the proposed signs;
4.
The proposed signs will result in an overall pattern
of signs for the lot, out lot, integrated center, business park, industrial
park, subdivision or building which is equivalent or superior to the achievable
under the applicable regulations;
5.
The proposed signs will be compatible with and will
enhance the use or value of area properties;
6.
The proposed signs are consistent with the intent of
the Comprehensive Plan; and
7.
The proposed signs are consistent with the intent
and purpose of this UDO.
Action #3: The
Council approved a motion to make and accept the findings of fact to be
recorded in the minutes for Development Petition 08-DP-03 for Lowe’s Home
Improvement for a Waiver of Regulations of UDO Section 7.03, E., Signs in
Commercial/Mixed Use Districts and Industrial Districts, to allow an increase
in the height of letters from 48” to 70” and logo from 60” to 206” on the south
elevation and to allow to increase the height of letters from 48” to 93” and
logo from 60” to 275” on the east elevation for the Lowe’s signage for Petition
08-DP-03 for Lowe’s Home Improvement, Inc.
Motion
By: VanFossen
Second
By: Dickson
Vote: Unanimous.
Action #4: Having made findings of fact that
the petition meets the requirements to be granted a waiver of regulations of
UDO Section 7.03, E., Signs in Commercial/Mixed Use Districts and Industrial
Districts, the Town Council approved a motion to grant a waiver to allow an
increase in the height of letters from 48” to 70” and logo from 60” to 206” on
the south elevation and to allow to increase the height of letters from 48” to
93” and logo from 60” to 275” on the east elevation for the Lowe’s signage for
Development Plan Petition 08-DP-03 for Lowe’s Home Improvement, as submitted by
Lowe’s Home Centers, Inc., drawn by Scott & Goble Architects, dated
Motion
By: VanFossen
Second
By: Dickson
Vote: Unanimous.
Ms.
Clapp said that the applicant is requesting a waiver of regulations of UDO
Section 7.04, E., Number of Off-Street Parking Spaces, for Petition 08-DP-03
for Lowe’s Home Improvement, Inc, to allow for an increase from 75% to 90% of
the total number of off-street parking spaces to be placed between the front
building line and the property line.
A
petition for a waiver of regulations of UDO may be granted only upon the
presentation of sufficient evidence to enable a written determination that:
Waiver Findings of Fact:
(1) A parking
demand study (please attach all documentation) completed by a third party that
provides evidence regarding:
a.
Peak usage estimates based on reliable data collected
from comparable uses located within the same or similar market areas as the
Town of Holly Springs. Comparable uses
will be determined based on density, scale, bulk, area, type of activity, and
location; and,
b.
Number of employees on the largest shift; and,
c.
Minimum number of spaces needed to meet the parking
demand for the specific use.
(2) The granting of a waiver will not cause negative
impacts on the environment or adjacent properties without the necessity of
including mitigating elements such as additional screening, pervious pavement,
shared parking, rain gardens, or those elements are provided under the plan to
the extent necessary to lessen the effects of any negative impacts:
(3) The
proposed development is consistent with the intent of the Comprehensive Plan:
(4) The proposed development is consistent with the
intent and purpose of this UDO.
Action #5: The
Council approved a motion to make and accept the findings of fact to be
recorded in the minutes for a waiver of regulations of UDO Section 7.04, E.,
Number of Off-Street Parking Spaces, to allow for an increase from 75% to 90%
of the total number of off-street parking spaces to be placed between the front
building line and the property line for Petition 08-DP-03 for Lowe’s Home
Improvement, Inc.
Motion
By: /VanFossen
Second
By: Dickson
Vote: Unanimous.
Action #6: Having made findings of fact that the petition
meets the requirements to be granted a waiver of regulations of UDO Section
7.04, E., Number of Off-Street Parking Spaces, the Council approved a motion to
grant a waiver to allow for an increase from 75% to 90% of the total number of
off-street parking spaces to be placed between the front building line and the
property line for Development Plan Petition #08-DP-03 for Lowe’s Home
Improvement, as submitted by Freeland and Kauffman, Inc., plans entitled Site
Development Plans for Lowe’s of Holly Springs, dated revised
Motion By: VanFossen
Second
By: Dickson
Vote: Unanimous.
Action #7: The
Council approved a motion to
allow
an exception to Engineering Design and Construction Standards Section
7.01.A.7 in association with Development Plan #08-DP-03 for
Lowe’s Home Improvement, Inc., to waive the requirement to extend sanitary sewer to all adjacent
property lines in order to serve upstream properties with sewer as
submitted by Freeland and Kauffman, Inc., plans entitled Site Development Plans
for Lowe’s of
Motion
By: VanFossen
Second
By: Dickson
Vote: Unanimous.
Action #8: The
Council approved a motion to approve Development Plan 08-DP-03 for Lowe’s Home
Improvement, Inc. as submitted by Freeland and Kauffman, Inc., plans entitled
Site Development Plans for Lowe’s of
1.
A
fee-in-lieu of upgrade will be required for this project for the downstream
pump station and force main.
2.
With
the first construction drawing submittal associated with this plan, the
following items are to be addressed prior to or submitted with the plans:
a.
Provide
documentation of offsite sewer easement
b.
An
updated Somerset Basin Flood Study will be required
c.
This
project will be required to meet NPDES Phase II requirements. Supply a Stormwater Management Plan
d.
Provide
an updated PCN with all supporting documentation including but not limited to
wetlands and projected location and impacts to jurisdictional features for the
entire project
e.
A
Gravity Sewer Line Sizing Report will be required for all lines that are
stubbed to adjacent upstream properties (unless an exception is granted by Town
Council to not require the sewer stub).
a.
Stormwater
mitigation will need to be paid to the appropriate agency as part of the
401/404 approval. Documentation of this
payment will be required.
b.
All
environmental permits must be obtained prior to construction drawing approval
and/or issuance of a land disturbance permit for the entire project.
c.
401
water quality certification and 404 permit approval of this project will be
required
Motion By:
VanFossen
Second
By: Sack
In discussion, Council talked about
the condition of approval, Condition No. 4, requiring the greenway trail on the
north side of the site. Sidewalk is
planned for a portion of the site, but the Master Plan for greenways calls for
greenway in this area.
Mr. Bradley said he felt public
sidewalk eventually would be installed along NC Hwy. 55 and along Ralph
Stephens Road, so sidewalks proposed in the plan would connect pedestrian way.
Ms. Clapp noted the wording of the
condition provides plenty of time and the option to for the applicant to work
with the director of parks and recreation.
Vote:
Unanimous.
9b. No Parking Zone Sign – Ms. Stephenson said that an increase
in traffic is being seen at the intersection of
She said staff has taken several
calls from adjacent property owners expressing concern over the unsafe
situation. Cars come into
There have been a few near-misses
witnessed, and the residents have asked the town to take a look at this
situation. Cars also stack up along the other three legs of the intersection on
both sides of the street in no specific manner.
Ms. Stephenson said that every
month, the Police Department, Engineering Department, and Public Works Department
meet to discuss transportation complaints and issues. During the last school year, the committee
reviewed this issue, and the solution recommended was the installation of
advance warning crosswalk signs; a painted crosswalk; a stop sign on the stub
road; and trimming the street trees to maintain good sight distance. These
items were completed last spring.
In the anticipation of school’s
getting ready to start this year, several residents have contacted town staff
again with additional requests. It is
our understanding, Ms. Stephenson said, that the vehicular drop-off and pick-up
of students still remains as an issue for the residents.
She said staff has spoken many times
with the school principals, who have indicated that they do not have the ability
to regulate vehicular drop-off and pick-up as long as the student lives in the
1.5 mile radius.
Ms. Stephenson said staff then
consulted with the Town Attorney, seeking guidance as to what the Town can
regulate in the right of way in this instance. The Town Attorney advised that the Town could
install a sign prohibiting parking and standing on the stub road, which could
then be enforced by the Police Department. This would still allow for on-street
parking and students to use the crosswalks and sidewalk to get to the cars that
are parked beyond the limit of the signs.
Due to the short time frame between
this agenda item’s being developed and the start of school, staff is mailing
letters to residents in this immediate area to insure that all residents
directly impacted by the traffic issues have an opportunity to provide feedback
on the proposed signage changes.
She said staff is recommending a
No Parking zone extending 500 feet from the intersection, which would make it a
hassle, so parents would choose to go ahead and use the school property’s
drop-off and pick-up lane.
Lt. Revels said he met with school
officials and was advised that the position of the school system is that this
is a town police problem and not a school system problem.
He also noted that a similar
solution was instituted at
Tonight, Ms. Stephenson said,
staff is not recommending four-way stops and speed humps as requested by the
residents. She pointed out that Flat
Rock is not a collector street, so it would not meet Manual for Uniform Traffic
Control Devices guidelines for stop signs.
She reported that the town has received a petition calling for the study
of whether the street would qualify for speed humps. Ms. Stephenson said that two other neighborhoods
are in line ahead of this area.
Councilman Sack suggested incremental
changes. He suggested that the Town
install the No Parking Zone signs and see if that helps. If not, then the Town could proceed to do a speed
hump study.
Action: The
Motion By:
DeBenedetto
Second
By: Sack
In discussion, Councilman Dickson
said he was reluctant because he was not sure residents would be happy with the
No Parking signs.
Vote: Unanimous.
Staff will
keep the issue open to further options as needed.
9c.
She said the bids were received on
Action: The
Motion By:
VanFossen
Second
By: Sack
Vote: Unanimous.
10.
Other Business: Councilman DeBenedetto asked that
the Rex Health Care certificate of need appeal be publicized on the town’s
website.
11.
Manager’s Report: Mr. Dean reported that Progress
Energy was planning a public forum for October; that Novant Health was planning
a public forum in Fuquay-Varina; he thanked staff and citizens for their support
of a Certificate of Need for Holly Springs Hospital; he reported that
motorcycles authorized by the Town Council for the police department had
arrived; he reported that he and staff are working to prepare a list of
projects for potential bond funding and that the Council may want to plan a
special bond workshop for September; he introduced Mr. Holland and asked him to
report on a recent project.
Mr. Holland addressed the Council
explaining that Assistant Finance Director Larry Boykin and he were approached
by a certified public accountant during a recent conference who offered to
conduct a utility franchise audit of Progress Energy. The accountant said he would do the work for
40% of what the audit would recoup for the Town.
Mr. Holland said Councilman Dickson
had advised him that he was aware of the accountant’s work but that the same
information from Progress Energy could be obtained for free.
Mr. Holland reported that he
followed through with the information, obtained the records and reviewed them
based on whether the customers billed resided inside or outside the town
limits. After making corrections to the
records, Mr. Holland said, the Town stands to receive approximately $94,000 in
back utility franchise taxes.
He added that because the work was
done in-house as suggested by Councilman Dickson, the town gets the entire
amount owed and does not have to pay a consulting accountant a share.
12. Closed Session:
None.
13.
Adjournment: There being no further business for
the evening, the
Respectfully Submitted on
_________________________________
Addendum pages as referenced in these
minutes follow and are a part of the official record.