Regular Meeting
Regular Meeting
MINUTES
The Holly Springs
Town Council met in regular session on
Council Members Present: Councilmen
Council Members Absent: Councilman
Peter Atwell.
Staff Members Present:
Carl G. Dean, town manager;
2 and 3. The pledge of allegiance was recited, and the
meeting opened with an invocation by Rev. Jimmy Lundsford,
pastor of Church Alive.
4. Agenda Adjustment: The
Motion
By: Womble
Second
By: VanFossen
Vote: Unanimous
Items
Added to the Agenda: None.
Consent
Agenda Items Removed: None.
Other
Changes: None.
5a. Councilman Mike
5b.
Oath of Office B Having noted that Ernest C.
Pearson was not present, Mayor Sears delayed this item until he arrived.
6a. Public Hearing: Zoning Petition 04-REZ-10 – Ms.
Bobber said that the Town has received a request to rezone 1.49 acres of land on
the east side of Sunset Lake Road across the street from Eisenhower Drive from
R-20: Residential to LB: Local Business.
She said the properties within this area have been slowly changing from
residential to commercial, which is in keeping with the Town's Land Use
Plan.
Ms. Bobber said that town staff and the Planning Board have
reviewed the petition and recommend approval.
With that explanation completed,
Mayor Sears opened the public hearing to accept input. The following comments were recorded:
William Shankle
of Tri-South Development,
There
was discussion among the Councilmen and Mr. Shankle about alignment of
There being no further comments, the
public hearing was closed.
Action: The Council approved
a motion to approve
Zoning Petition #04-REZ-10 to change the zoning of 1.49 acres of Wake County
PIN # 0659.02-98-6410 and PIN # 0659.02-98-5501 from R-20: Residential to LB:
Local Business as submitted by Charles T. Bell of American Properties Holding,
LLC.
Motion
By: VanFossen
Second
By: Womble
Vote: Unanimous
Ernest Pearson
arrived approximately at
5b.
Oath of Office B The Town Council approved a motion to appoint Ernest C. “Ernie” Pearson
to the Holly Springs Town Council for the remainder of a term expiring December,
2005 on the Town Council.
Motion By: Dickson
Second
By: Womble
Vote: Unanimous
Town clerk
6b.
Public Hearing: 04-SEU-03,
Pinnacle Automotive - Ms. Bailey explained that the town has received a request for a special exception
use, 04-SEU-03 from Pinnacle
Automotive. The applicant is proposing
to develope an automotive service facility at
With that explanation completed,
Mayor Sears opened the public hearing to accept sworn testimony and qualified
evidence. The following testimony and
evidence was provided under oath administered by the deputy town clerk: None.
There being no comments, the public
hearing was closed.
After reviewing the materials
provided as evidence in agenda packets, the Council set about making the
necessary findings of fact.
Action
#1: The Council approved a motion to
make and accept the following findings of fact to be recorded in the minutes by
the deputy town clerk:
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: Dickson
Second
By: Womble
Vote:
Unanimous
A copy of Special Exception Use 04-SEU-03 application is
incorporated into these minutes as addendum pages.
Action #2: The
Council approved a motion to make and accept the following findings of fact to
be recorded in the minutes by the deputy town clerk, and
the project meets the requirements to grant a variance of development standards
from Section 4.02, A., 2., b. for Special Exception Use #04-SEU-03 for 128
Quantum Street as submitted by George M. Nygaard,
Jr., dated revised July 27, 2004:
1) The carrying out of the strict
letter of this UDO will result in practical difficulties in the development of
the property included in the petition;
2) Approval will observe the spirit of
this UDO;
3) Approval will secure public safety
and welfare;
4) Approval will provide substantial
justice;
5) (a) there are exceptional conditions
pertaining to the particular piece of property in question because of its
shape, size, or topography, that are not applicable to other lands, buildings or structures in the same district,
or (b) there is a peculiar characteristic of a proposed use which makes the
application of certain development standards of this UDO, as requested in the
petition for variance of development
standards, unrealistic;
6) Granting the variance requested will not confer upon the applicant any
special privileges that are denied to other owners or residents of the district in which the property is
located;
7) A literal interpretation of the
provisions of the UDO would deprive the applicant of rights commonly enjoyed by
other owners or residents of the district in which the property is located;
8) The requested variance will be in harmony with the
purpose and intent of this UDO and will not be injurious to the neighborhood or
to the general welfare;
9) The special circumstances giving
rise to the variance request
are not the result of the actions of the applicant; and,
10) The variance requested is the minimum variance that will make possible the legal use of the land, building, or structure.
Motion By: Dickson
Second By: Womble
Vote:
Unanimous.
Councilman Dickson made a motion to amend his motion to revise the
revision date from
Action #3: Having made the
necessary findings of fact, the Council approved a motion to grant a variance
of development standards to allow for two additional automobile lifts (indoor) at
Motion By: Dickson
Second By: Womble
Vote:
Unanimous
Action #4: Having made the necessary findings of fact, the Council approved a motion to approve
Special Exception Use Petition #04-SEU-03 for
1. All parking spaces
shall be striped and meet the size requirements listed in the Engineering
Design Standards.
Motion By: Dickson
Second By: Womble
Vote:
Unanimous.
6c Ordinance 04-11,
Unified Development Ordinance Amendment (04-UDO-03), – Ms. Bailey explained to the Councilmen that after using the Town’s UDO for over a
year and a half, the Technical Review Committee (TRC) determined in January of
2004 that staff should review the Local Business (LB) district and the
Neighborhood Village (NV) district for possible merger. Ms. Bailey said that in reviewing the districts
and their purposes, it was determined that the two were similar enough in
nature that they should be combined. The
results of this modification has been that the elements of the Neighborhood Village
district were combined with elements of the Local Business district to create a
revised Local Business district, and the Neighborhood Village district was
eliminated.
Ms. Bailey said that approximately
160 properties zoned either
Ms. Bailey said that as part of this request, a property
owner has asked the town to remove the “restricted” classification from her
property.
Councilman VanFossen asked should the town remove the restrictive
classification from all properties zoned Local Business Restricted within the
town.
Ms. Bobber explained to the Council members the reasons
behind the restriction classification.
Councilman VanFossen said that removing the “restricted” classification
from the UDO could be discussed at the next Technical Reviewing Committee
meeting.
With
that explanation completed, Mayor Sears opened the public hearing to accept
input. The following comments were
recorded: None.
There being no comments, the public
hearing was closed.
Action#1: The Council approved a motion to adopt
Ordinance 04-11 to
approve and enact UDO Amendment #04-UDO-03 to remove the NV: Neighborhood
Village district and modify the LB: Local Business district and change the
zoning of all NV: Neighborhood Village properties to LB: Local Business.
Motion
By: VanFossen
Second
By: Dickson
Vote: Unanimous
Action #2:
The Council approved
a motion to remove the “restricted” classification from property known as Wake
County PIN(s): 0659.13-13-3147 and
0659.13-12-4900 as requested by Doris Jones, property owner.
Motion
By: VanFossen
Second
By: Dickson
Vote: Unanimous
A copy of
Ordinance 04-11 and a letter from property owner Doris Jones are incorporated
into these minutes as addendum pages.
At this time, Councilman VanFossen requested
town staff remove the “Dead End” sign on
7. Consent Agenda: All items on the Consent Agenda were approved following a
motion by Councilman VanFossen, a second by Councilman Womble and a unanimous vote. The following actions were affected:
7a. Resolution 04-33 – The Council adopted Resolution 04-33 directing the Town
Clerk to investigate the sufficiency of Annexation Petition A04-08 and setting
a public hearing on the question of annexation for
7b. Budget Amendment, $31,500 – The
Council adopted an amendment to the FY 2004-05 budget in the amount of $31,500
to cover equipment, vehicle costs, cemetery maintenance and fencing at
7c. Budget Amendment, $15,220 – The Council adopted an amendment to the FY 2004-05 budget
in the amount of $15,220 to receive a
8.
Ms. Mizelle said that at the August
3rd Town Council meeting, action on the Wake County Inter-local agreement
was deferred until some terms could be reached regarding ownership of the
cultural center property. Ms. Mizelle
said that a letter was mailed to Mr. Phil Stout relating the Town Council's
position to the Wake County Board of Commissioners. The Wake County Commissioners pulled this
item from their
Mr. Dean
said that there are three options for the Council to consider. They are:
1. Enter a 99-year leasehold interest agreement in
the part of the site and building needed for the
2. Develop the agreement in a manner as a
condominium; or
3. Move the cultural arts center project to
another location or a separate site from the library site and own the building
outright.
Mr. Dean
said that the town has a two-week period before the next Wake County Board of
Commissioners meeting to work with
Action:
The Council approved a motion to enter an inter-local agreement with
Wake County for a library site and cultural arts center in Holly Springs and
authorized the town manager to negotiate the 99-year leasehold interest
agreement with Wake County that will not alter the substance or intent of the
original agreement and would include the town’s participation in the financial,
design and facility programs of the Holly Springs Cultural Arts Center.
Motion By: Pearson
Second By: Dickson
There was
much discussion among the Councilmen and town staff. All were in agreement to include in the terms
of the 99-year leasehold interest agreement with
Vote: Unanimous
A copy of
correspondence between the Town and Deputy County Manager Joe Durham is
incorporated into these minutes as addendum pages.
9. Public Comment:
At this time, an opportunity was provided for members of the audience who had
registered to speak to address the Council on any variety of topics not listed
on the night’s agenda. The following
citizens were heard: None.
10. Other Business: None.
11. Manager’s Report: Mr. Dean reminded the Council of the upcoming
ribbon-cutting ceremony for the police station on Thursday, August 19, at
Councilman Pearson said that he
wanted the Town to be aware that he was completing the Margaret Lee condemnation
litigation for the Town.
12. Closed
Session: The
Council approved a motion to enter into Closed Session, pursuant to N.C.G.S. § 143-318.11(a) (3) to consult with the town attorney regarding two matters
of condemning certain properties belonging to Jones and McNeil on Bible Way
Court; and pursuant to N.C.G.S. § 143-318.11(a) (5) the receive direction from
the Town Council regarding essential contract terms for a lease agreement with
Wake County for the cultural arts facility.
Motion By: Pearson
Second By: Dickson
Vote: Unanimous
General Account of Closed Session –
In Closed Session, Mr. Schifano informed the council that a mandatory Superior
Court mediation was held from
-- End General Account
The Board returned to Open Session following a motion by Councilman
Dickson, a second by Councilman Womble and a unanimous vote.
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.