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HomeMy WebLinkAbout20170203 Ver 1_More Info Received_20170411 ENVIRONMENTAL SERVICES, INC. 4901 TRADEMARK DRIVE RALEIGH,NORTH CAROLINA 27610 919-212-1760* FAX 919-212-1707 www.environmentalservicesinc.com lais© April 7,2017 D `)( qPk j NCDWR,401 &Buffer Permitting Unit 40 8 64 OF FRRFSOU 1617 Mail Service Center Raleigh,NC 27699-1617 pFRM, /NG Re: Southern Crossroads Response to Request for Additional Information(DWR#2017-0203) Wake County,NC In response to the Request For Additional Information for the Southern Crossroads project in Holly Springs,NC, Environmental Services, Inc. (ESI) is providing the following information: 1. The applicant is currently undergoing negotiations with the adjacent landowner, Mr. Page, to acquire the easement for the sewer. This sewer easement is being required by the Town of Holly Springs as part of the Development Agreement between the Town and the applicant. Please see Page 5, Paragraph 5a. of the attached Development Agreement. If negotiations with the adjacent landowner do not result in an agreement, the Town is prepared to use its powers of eminent domain to acquire the easement. The sewer line will ultimately be maintained by the Town, but they have asked the applicant to build (and obtain permits for) the sewer line as part of this project. 2. Please see the attached Conceptual Site Plan for the Southern Crossroads Development. At this time, a final site plan has not been completed, but no impacts to jurisdictional wetlands, streams, or riparian buffers will occur within the Southern Crossroads property. Please note that the wetland impact shown on the western side of the property within the Main Street corridor is part of the Town of Holly Springs' Main Street Extension project and is not part of this project. Please contact me at (919) 212-1760 if you have any additional questions or comments. Thank you for your assistance with this project. Sincerely, Environmental Services, Inc. Robert Turnbull Senior Manager Attachments: Development Agreement(Full Document Available Upon Request) Conceptual Site Plan BK016299 GO 425 HAKE COUNTY. NC 131 LAURA II RIDDICK REGISTER OF DEEDS PRESENTED 8 RECORDED ON 02/23/2016 16:27:48 BOOK:016299 PAGE:01425 - 01486 PREPARED BY/RETURN TO: JOHN SCHIFANO,ROD BOX 105 STATE OF NORTH CAROLINA COUNTY OF WAKE DEVELOPMENT AGREEMENT REGARDING INFRASTRUCTURE CONSTRUCTION AND FEE REIMBURSEMENT (N.C.GEN. STAT.§ 160A-420.20 et seq.) BY AND BETWEEN THE TOWN OF HOLLY SPRINGS and H.BRANTLEY POWELL, KIMBERLY POWELL ATKINS,and KELLY POWELL GOULD. THIS AGREEMENT,made and entered into this /67/1 day of r 44' 7 , 2016, . by and between the TOWN OF HOLLY SPRINGS, a North Carolina Municipal corporation, hereafter referred to as the "Town" and H. BRANTLEY POWELL, KIMBERLY POWELL ATKINS, and KELLY POWELL GOULD, hereafter referred to collectively as the "Developer." The Town and the Developer are collectively referred to herein as the"Parties." WITNESSETH: WHEREAS, the Developer is the fee simple owner of several tracts of land held in common for development, the total of which are exceeding 25 acres in size, which are shown in Exhibit A, attached hereto and incorporated herein by reference (the "Property"), and the Developer, or its successors or assigns, will be requesting approval of a development plan for these tracts for a mixed residential and commercial use, in a manner consistent with the sketch BK016299PG01426 plans prepared by the Developer attached hereto as Exhibit B and the terms of this agreement, and; WHEREAS, the Town has instituted an eminent domain action on September 4, 2014 (the"Lawsuit")to acquire certain property of the Developer for a public roadway project known as the Main Street Extension,and the Parties have resolved the Lawsuit through the execution of a settlement agreement, the effectiveness of which is contingent on the resolution of certain requirements for land use and development obligations as set forth herein; and, WHEREAS, the Property is not currently located within the corporate limits of.the Town, is not currently served by town sewer service, and a significant capital expenditure would be required to extend sewer service to the Property. However the Property is located in close proximity to the Town corporate limits is within the extraterritorial jurisdiction of the Town,and it is closer to any Town utilities than to any other town's utilities;and, WHEREAS, Developer desires careful integration between public and private capital facilities planning, financing and construction, and further desires sufficient assurances that development standards, ordinances, policies and procedures remain stable throughout the extended period of development;and, WHEREAS, it is beneficial to both the Town and Developer to construct certain on-site and off-site infrastructure improvements relative to the Project to enable the safe and responsible treatment of wastewater by the Town and to provide potable drinking water to the ultimate users of the Property,as well as other infrastructure;and, WHEREAS, the Town requires, pursuant to N.C.G.S. § 160A-372 and its Unified Development Ordinance, the dedication and construction of streets and rights of way and other infrastructure and for the distribution of population and traffic in such a manner that it will avoid congestion and overcrowding and will create conditions essential to public health, safety,and the general welfare;and, WHEREAS, the Town has enacted a subdivision control ordinance, pursuant to N.C.G.S. §160A-372 which provides for the orderly control of growth and development in the Town in general and on the Developer's parcel;and, WHEREAS, the Town is authorized pursuant to N.C.G.S § 160A-311 et. seq. to operate and does in fact operate a water and sewer treatment enterprise and requires, pursuant to N.C.G.S. § 160A-317,the connection to the system by owners of developed lands located within the Town, for a cost set forth in the Town's annual budget;and, WHEREAS, the Town is authorized to enter into this contract pursuant to N.C.G.S. §§ 160A-16, 160A-400.20 et seq. and may contract with the Developer to carry out the public purposes set forth herein pursuant to N.C.G.S. §160A-20.1 and the Town Council of Holly Springs has determined that it is in the best interests of its citizens to do so. 2 BK016299PG01427 NOW,THEREFORE, in consideration of the mutual promises and covenants contained herein the Town and the Developer agree as follows: ARTICLE I 1. Definitions: The terms below shall have the following meanings as used herein: a. Actual Costs: The amount of true costs actually incurred for construction of a certain project described herein upon final completion and approved by the Town, inclusive of the cost of acquiring easements or rights of way from those not party to this agreement, but exclusive of any administrative costs (i.e., profit and overhead) of the Developer, or any project construction contingency. Actual Construction Costs reimbursed or otherwise paid by the Town shall be audited by the Town under generally accepted accounting principles for governments. Developer's right of reimbursement for Actual Costs pursuant to the terms of this Agreement is contingent upon Developer first receiving from the Town advance written consent to the expected cost of an applicable transaction before the cost is incurred,provided that such consent shall not be unreasonably withheld by the Town. b. Comprehensive plan: The comprehensive plan, land-use plan, small area plans, neighborhood plans, transportation plan, capital improvement plan, official map, and any other plans regarding land use and development that have been officially adopted by the governing board. c. Developer: H. Brantley Powell, Kimberly Powell Atkins and Kelly Powell Gould, the signatories hereto, and their heirs, successors and assigns. d. Development: Generally defined as the planning for or carrying out of a building activity,the making of a material change in the use or appearance of any structure or property, or the dividing of land into two or more parcels. 'Development', as designated in a law or development permit, includes the planning for and all other activity customarily associated with it unless otherwise specified. When appropriate to the context, 'development' refers to the planning for or the act of developing or to the result of development. Specifically in this agreement, the term `development' refers to the construction by the Developer of all building activities associated with the Plans. e. Development permit: A building permit, zoning permit, subdivision approval, special or conditional use permit, variance, or any other official action of the Town having the effect of permitting the development of property. 3 BK016299PG01428 f. Land development regulations: Ordinances and regulations enacted by the Town for the regulation of any aspect of development and includes zoning, subdivision, or any other land development ordinances, including but not limited the Town of Holly Springs Unified Development Ordinance ("UDO"). g. Laws: All ordinances, resolutions, regulations, comprehensive plans, land development regulations, policies, and rules adopted by the Town affecting the development of property, and includes laws governing permitted uses of the property, density,design,and improvements. h. NCDOT:the North Carolina Department of Transportation i. Offsite Infrastructure: The public sanitary sewer gravity line, all potable waterlines, and other Town-owned equipment or facilities not located on the Developer's site. j. Onsite Infrastructure: The public sanitary sewer gravity line, all potable waterlines, and other Town-owned equipment or facilities located on the Developer's site. k. Person: An individual, corporation, business or land trust, estate, trust, partnership, association, two or more persons having a joint or common interest, State agency,or any legal entity. 1. Plans: Those sketch plans attached hereto as Exhibit B. m. Property: All real property shown or described in Exhibit A, which is subject to land-use regulation of the Town and includes any improvements or structures customarily regarded as a part of real property. n. Project: The Developer's plan to develop the Property. ARTICLE II DESCRIPTION OF DEVELOPMENT AGREEMENT 1. The legal description of the Property subject to this agreement and the names of its legal and equitable property owners are contained in Exhibit A. 2. TERM: The duration of the agreement is for twenty years. The parties are not precluded from entering into subsequent development agreements that may extend the original duration period. 3. PERMITTED USES: The development uses permitted on the Property and the location of those uses are shown on Exhibit B ("Sketch Site Plan" or "Plans"). The Plans 4 BK016299PG01429 indicate approximately 18.03 shall be acres apportioned to the Community Business ("CB")' land use, and approximately 36.74 acres to R-MF-15' high-density multifamily residential land use which indicates about 32.92% of total land use as CB. The line distinguishing the two land uses on the Plans may change in shape or location on a final plan or re-zoning application submitted during the term of this Agreement, so long as the percentage of land zoned for CB use does not fall below 22.92%. For clarification, the following definitions for the land uses shown on the Plans are as follows: a. "R-MF-15 High-Density Multifamily Residential" shall be that zoning definition contained in the current form of Section 2.07 of the Town of Holly Springs Unified Development Ordinance as described in Exhibit C, attached hereto, or any less intensive residential land use in effect at the time of development of the property. b. "CB" shall be that zoning definition contained in the current form of Section 3.05 of the Town of Holly Springs Unified Development Ordinance as described in Exhibit D, attached hereto, subject to the exceptions contained in paragraph 4 of Article II below. The Town hereby agrees that the land use described herein and shown on Exhibit B is in the best interest of the Town, is in keeping with the land use plans, and agrees, subject to statutory requirements, to rezone the Property in conformance with this Agreement. Further, the Town agrees that it shall act favorably with regard to any subsequent rezoning or subdivision requests by the Developer which may otherwise effectuate the intent of this Agreement, including without limitation, (i)any rezoning in which the line distinguishing between the CB and R-MF-15 High- Density Multifamily Residential districts,as shown on Exhibit B, is changed in shape or location so long as at least 22.92%of the land area of the Property remains designated as CB; or(ii)any rezoning in which some or all of the area designated R-MF-15 High-Density Multifamily Residential district on the Plans attached as Exhibit B is rezoned to the R-8 Single Family Residential district (Section 2.05 of the 2015 Holly Springs Unified Development Ordinance)or some other residential district less intensive than R-MF-15 High-Density Multifamily Residential. 4. ZONING EXCEPTIONS: The Town agrees and acknowledges that the Property shall be exempt from the requirements of Section 3.05.C.3.c.1. of the Unified Development Ordinance and that the Town shall not enforce that provision against the Developer. 5. SEWER ACCESS: The Town and Developer agree that the most efficient method of sewer access is through a combined 12-inch and 18-inch gravity line along a route that is generally described on Exhibit E("Sewer Analysis Map"). a. The Town shall facilitate the construction of this option as it is described in Exhibit E by allowing the Developer to receive two hundred thousand dollars ($200,000) in credits against sewer capacity fees for the Project. The Developer shall be allowed these credits against fees paid to the Town in connection with the development of the Property in an amount equal to As defined in the UDO. 5 BK016299PG01430 the Actual Cost of installing the sewer line along the distance between the southern boundary of the Property and the regional pump station. It is understood that the Developer must cross property owned by other persons and if Developer cannot come to an agreement for the necessary easement acquisition for the gravity sewer line to cross their property after a reasonable and diligent effort by the Developer to do so, the Town promptly shall assist the Developer to acquire the necessary right of way for this public infrastructure project being constructed by Developer on behalf of the Town by using its powers of eminent domain to acquire the necessary rights of way for the sewer extension project and paying the just compensation due for the acquisition within a reasonable timeframe requested by the Developer; provided, however, that Developer shall pay and reimburse the Town for all costs incurred in connection with any such eminent domain action, including without limitation the Town's legal fees incurred in connection with such action. The Developer shall be entitled to the fee credits described in this paragraph only if the Developer, his successors and/or assigns (i.e., future grantees of the Property), or any of their respective agents, install the gravity line as described in Exhibit E. If the Town or any other party installs the gravity line, the Developer shall not be entitled to these fee credits. b. Notwithstanding anything to the contrary in this Agreement, if the Town requires Developer to oversize any sewer line installed on the Property pursuant to this Agreement or otherwise, in order to create additional capacity to serve other properties, the Developer shall be entitled to all of the available fee credits for such oversizing in accordance with Town policies, and such oversizing fee credits shall not count against the $200,000.00 in sewer credits referred to in Section 5(a) above, and in no way shall diminish the amount of those credits. 6. TRANSPORTATION IMPROVEMENTS: The Town will be constructing a new intersection and extension road through the Property by realigning Ralph Stephens Road and constructing new roads segments along the rights of way being acquired in connection with the resolution of the Lawsuit. Any developer of the Property is required to install certain traffic and transportation improvements as a condition of development pursuant to N.C.G.S. §160A-372(a) and the Town's Unified Development Ordinance. However, as a condition of settlement of the Lawsuit, the Town shall waive and hereby does waive any and all right to require Developer or its successors and assigns,as a condition to develop the Property or otherwise,to widen,dedicate additional land for, or otherwise improve the public roads intersecting or abutting the Property, or otherwise in the vicinity of the Property,whether such roads currently exist or are constructed in the future, including without limitation any obligation pursuant to the Town's Unified Development Ordinance or any other Town ordinance or code to(i)widen Ralph Stephens Road or Main Street; (ii) construct public bike lanes or sidewalks along Ralph Stephens Road or Main Street; (iii) install stormwater infrastructure along Ralph Stephens Road or Main Street; or (iv) perform earthwork or grading to create a shoulder area beside Ralph Stephens Road or Main Street. The Town further waives any right to require Developer to install a traffic signal at the 6 BK016299PG01431 new intersection of Main Street and Ralph Stephens Road. Such waivers shall be in effect in perpetuity, and in no event shall any such transportation improvements be required unless (i)the NCDOT imposes improvements pursuant to authority independent of the Town's Unified Development Ordinance; or(ii)a transportation study performed by a licensed engineer engaged by the Developer in conjunction with the development of the Property recommends additional improvements to ensure safety of travel and mitigate the impact of the development. Nothing herein shall preclude the Town from purchasing additional rights of way from Developer for purposes of the public road improvements at a price agreed upon by the Parties or through a subsequent eminent domain action. 7. FEE CREDITS: In addition to any fee credits due to the Developer in accordance with Article II, Paragraph 5 of this Agreement,the Town also shall reimburse the Developer on a dollar-for-dollar basis the first three-hundred twenty-five thousand dollars($325,000.00)paid by the Developer to the Town in fees in connection with the development of the Property. 8. ANNEXATION: The Parties agree that the Property shall be annexed into the corporate limits of the Town through the approval of a petition for voluntary annexation prior to the commencement of Town sewer service to the Property. The Developer may submit a voluntary petition for annexation of the Property at any time during the term of this Agreement, and shall submit such petition prior to the commencement of Town sewer service to the Property. Upon the Developer's submission of a voluntary petition for annexation, the Town shall promptly approve the voluntary petition and enact an ordinance annexing the Property into the corporate limits of the Town, provided that the petition satisfies all requirements for voluntary annexation set forth in the North Carolina General Statutes. Nothing herein obligates the Town to provide sewer or water service to the Property prior to its annexation. Further, nothing herein requires Developer to petition for annexation or pay any sewer-related fees to the Town in connection with the installation of the sewer line described in Article II, Section 5 of this Agreement or as a result of such sewer line being used by the Town to provide sewer services to other nearby properties, unless and until Developer submits a petition for voluntary annexation of the Property and the Town actually is providing sewer service to a user on the Property. 9. RESERVATION OF LAND:A description of a reservation or dedication of land for public purposes and any provisions to protect environmentally sensitive property. a. No publicly dedicated land is required by the Town. Developer shall maintain private drainage retention as required by the Town according to site plans, which are to be developed as a part of the permitting process in the course of the development of the Property. 10. REQUIRED PERMITS: A description of all development permits approved or needed: • a. Developer shall secure all construction drawing approval, erosion and sedimentation control,grading approval,and building permits as necessary under the land development regulations. Developer shall secure all encroachment permits as required by the North Carolina Department of 7 •1�'• i \ �`\ -�L •1 \ Q\--i.......: er \ hens R ,-�--_ _ I a Future ) '..".9 Or .". p Ralph `_ -� Sten - ` 0.39 ACRE Development ' Oar �� Future Development by by HBP j �» w.F 1..� ... 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