6/15/99 Meeting Minutes, Town of Holly Springs

Town of Holly Springs

Board of Commissioners Regular Meeting

Tuesday, June 15, 1999

MINUTES

The Holly Springs Town Board of Commissioners met in regular session on Tuesday, June 15, 1999 in the Town Board meeting chambers, located in Town Hall, 128 S. Main St. Mayor Gerald W. Holleman presided, calling the meeting to order at 7:35 p.m. A quorum was established as the mayor and all five board members were present as the meeting opened.

Board Members Present: Commissioners Hank Dickson, Bill Banks, Parrish Womble, Ken Martin, Tim Sack and Mayor Holleman.

Board Members Absent: None.

Staff Members Present: Jim Dolle, town manager; Rob Markworth, of Sanford-Holshouser Law Firm in the absence of Ernest C. Pearson, town attorney; Joni Powell, town clerk (recording the minutes); Don Mizelle, planning director; Stephanie Sudano, engineering director; John Ellis, finance director; Len Bradley, director of parks and recreation; and Jennifer Carr, director of economic development.

2 and 3. The pledge of allegiance was recited, and the meeting opened with a moment of silent meditation.

4a. Cub Scout Pack #356 - No one from Cub Scout Pack #356 was present.

4b. Water Supply Report - Mrs. Sudano reported on the Town's water projects and provided commissioners with bar charts illustrating three years of water usage data. She pointed out that the 1999 figures show that May and June were the highest months of water consumption. She pointed to the dates from the middle to the end of May when usage began to spike to as much as 1.7 million gallons of water use per day. She said that when water restrictions were put in place, readings went significantly down on June 10, reducing usage from 1.5 million gallons on June 9 to 800,000 gallons on June 11.

In summary, she said, the water restrictions proved very effective in cutting water usage down to within our contractual limits. She also pointed out that the usage was cut roughly in half, which indicates that about half of the water the Town was buying was being used for lawn watering.

No action taken.

At this time, Mayor Holleman mentioned that the Public Comment Period had been inadvertently omitted from the agenda. He opened the floor to public comments, and the following citizens addressed the Board.

Walt Hudyman -- Mr. Hudyman, representing Residents Against the Landfill, addressed the Board with a report on his group's efforts. He reported that RAL has received great support from the community and is on its way to having the landfill case heard before the courts.

Lesli Doarhes, 316 Elm Ave. - Ms. Doarhes, representing the Citizens Action Committee and RAL addressed the Board on the topic of the landfill. She said she knows the Town is working with Wake County to try and change the existing plan so that it would be less offensive to the Town, but she is still concerned that the seepage from the landfill will drain into the Cape Fear River Basin. She also urged Town leaders to find out whether or not Wake County will contribute tipping fees to the Town of Holly Springs. She added that she felt the Town should share information on this topic with the public better.

Julie Keeler, 517 Cayman Avenue - Ms. Keeler addressed the Board on the landfill issue. She urged Town officials to ask Wake County for concessions, and she suggested that the Town make a matching contribution grant to RAL for its legal expenses.

Ms. Keeler then alleged that elected officials and town staff had made comments about "nicer areas." She said elected officials and town staff were spreading false rumors.

In closing, Ms. Keeler said she felt town officials should halt residential development in light of water supply shortages, crowded schools and congested roads.

4c. Mayor's Recommendation - Mayor Holleman opened this agenda item by reading a prepared statement outlining the Town's current water situation and steps that will be taken regarding items on the June 15 agenda. Transcript of statement: "We have experienced an unusual hot and dry weather pattern during the last 10 days. These conditions caused a dramatic countywide water shortage, which effected many communities, including Holly Springs.

Thank you to the residents who have complied with our seasonal water conservation measures and with restrictions imposed with the Stage 1 Water Shortage Warning. Through your cooperation, we have been able to return to average daily consumption allowed by our current water purchase contracts with other cities. I thank you and ask for your continuing cooperation and patience as we analyze our new water supply versus our water demands.

Tonight I feel led to explain that the Town has an adequate water supply for average daily use. We were in the process of making preparations for extra supplies to take us through a dry July when an early drought caught us and the cities on which we depend for water off guard. It will take a few weeks to finalize the processes we began months ago, and we are hopeful that we will be able to return soon to our regular water conservation season.

Tonight, you will hear recommendations from me and from the Town Manager regarding a slight interruption in the Town's residential growth. These recommendations will give us a period of time in which we can fully analyze our daily water use and make more informed decisions as to how we will manage the water supply. If the Board approves these recommendations, the policy will not effect current subdivisions. It will not effect commercial or industrial development. It will effect the projects listed on tonight's agenda and any others that may be pending.

We have 19 public hearings on the agenda tonight. We will hold those public hearings as scheduled. The Board, however, does not intend to take action on most of the residential projects until we have had a few weeks to find out whether or not our daily water supply will be supplemented as we have anticipated it will.

The only action that will be taken tonight on public hearing topics will be the town budget; Arbor Creek Animal Wellness Center; Things of Joy gift shop; and Holly Springs Apartments, an existing development for the elderly that is planning an expansion.

We plan to consider these items, and action may be taken, on July 6." - End of transcription.

Mayor Holleman then recommended that the Board of Commissioners adopt his proposal that the Town accept no new residential subdivision plans until such time as the Town's tax base is more evenly balanced between residential development and commercial and industrial development. At present, the Town's tax base is made up of 88% residential and only 12% commercial and industrial. A more healthy ration would be 60:40, Mayor Holleman said. He added that his motivation for his recommendation was not only the Town's ability to provide services, but the urgent need to promote, encourage and focus efforts on non-residential development.

Commissioner Sack said he supported the recommendation because the Town has an obligation to provide services to current residents and to future ones who will live in existing subdivisions or those under current consideration. He said he agreed that it would be wise to accept no new residential development plans that would over-burden the Town's ability to provide services.

Action: Commissioner Sack moved to adopt the Mayor's recommendation that the Town accept no new residential development plans. Commissioner Martin seconded the motion.

Commissioner Dickson moved to amend the motion to include in the moratorium those residential projects listed on the night's meeting agenda. There was no second to the motion.

A vote on the original motion was taken, and the motion carried unanimously. A copy of the Mayor's recommendation is incorporated into these minutes as an addendum page.

At this time, the Mayor also entertained a separate recommendation from Town Manager Jim Dolle.

Mr. Dolle outlined his list of specific recommendations to address the Town's issues with water supply. If adopted by the Board, he said, the policy would prevail until such time as it is amended or lifted by the Board.

Mr. Dolle recommended that the Town would:

(1) Maintain the current Stage 1 Water Shortage Warning period and restrictions to ensure the Town stays under its 1.2 million gpd allocation from the City of Raleigh;

(2) Not accept or approve any new residential development plans, including master plans, preliminary plans, and construction drawings for any existing or proposed developments;

(3) Ban the installation of irrigation systems that will utilize treated water.

(4) Ban the installation of irrigation (second) water meters.

(5) Establish a 45-day moratorium on the issuance of new residential construction permits for any project involving water connections, with the exception of lots already recorded and lots with approved construction drawings. The Town Manager would be authorized to make individual exceptions for extenuating circumstances. (The 45-day moratorium would span June 16-July 30).

Commissioner Sack said these measures would give the Town time to learn the results of three separate water efforts: obtaining an increased allocation from the City of Raleigh; obtaining an increased allocation from the Town of Fuquay-Varina; and results of the $8.1 million bond referendum to fund the Harnett County water supply project.

Action: Commissioner Sack moved that the Town enact the measures recommended by the Town Manager. Commissioner Dickson seconded the motion.

In discussion, Commissioner Banks said he did not believe the Town should actually ban the installation of irrigation meters, but could simply ban, or place a moratorium, on the installation of the meters to those systems. He also questioned what kind of circumstance would be considered "extenuating."

Mr. Dolle gave an example of an extenuating circumstance, saying a builder may be under a contractual obligation to build a house, but has not yet recorded the lot. The Town should not, Mr. Dolle said, impose a regulation that would prevent a party from meeting a contractual obligation.

A vote on the motion was called, and the motion carried by a 4-1 vote. Commissioners Sack, Martin, Womble and Dickson voted for. Commissioner Banks voted against. A copy of Mr. Dolle's recommendation is incorporated into these minutes as an addendum page.

At this time, Mayor Holleman suggested that the Board consider adjusting and adopting the meeting agenda prior to the opening of public hearings. He said the Board should not consider action on any of the residential plans that were on the night's agenda and that action should be tabled until the Town has a commitment from the Town of Fuquay-Varina for an additional water allocation of 500,000 gallons per day.

Board members agreed, and Item No. 6 on the agenda was moved ahead of No. 5, public hearings.

6. Agenda Adoption - Commissioner Sack moved that the meeting agenda for June 15, 1999 be set with changes, as listed below, and adopted. Commissioner Martin seconded the motion, which carried unanimously.

Items Added: None further

Items Deleted: 7b, c, d, e, f, and g., all actions pertaining to proposed residential developments.

Items Removed from Consent Agenda: None.

5a. Public Hearing: FY 96 CDBG-ED - Mrs. Carr explained that the Town had obtained grant funding for economic development, which provided infrastructure improvements to serve the Holland Grills Company plant in the industrial park. She advised that a public hearing was scheduled to accept citizen comment on the program, and that the opportunity to speak was part of the process of closing out the grant.

With that explanation completed, Mayor Holleman opened the public hearing. The following comments were recorded:

For: None.

Against: None.

There being no comments, the public hearing was closed.

5b. Proposed FY 1999-2000 Budget - Mr. Dolle reviewed some of the highlights of the proposed FY 1999-2000 Budget:

No increase in water and/or sewer rates.

A 3% cost of living adjustment for salaries.

A 1% increase in 401(k) contributions.

Eight new town staff positions, four of which are entirely or mostly provided by grant or Wake County.

Water and sewer impact fees will be increased $500 each (this will impact new construction and connections, but not current residents with water service).

The water meter fee of $35 has been increased to $95, to reflect actual cost to the town. This impacts new water customers and new construction.

Capital reserve funds have been created for the deposit of payments-in-lieu and impact fees so that they are properly earmarked for their respective purposes (rather than being used for operations).

Projects committed in the last fiscal year (Raleigh/Earp/Holly Acres sidewalks, for instance) are funded.

The General Fund balances at $5,350,338.

The Utility Fund balances at $3,454,880.

With that explanation completed, Mayor Holleman opened the public hearing and the following comments were recorded:

For: None.

Against: None.

General Comments: Bruce Keim, 508 Sandy Point Way - Mr. Keim said he is appalled that the Town is paying $64,000 a year for a town manager and $68,000 to the intergovernmental affairs administrator, who is also the mayor. He said he felt there was something wrong with a Town as small as Holly Springs having to pay two top-ranking administrators.

Lesli Doarhes, 316 Elm Ave. - Ms. Doarhes said she had the same concern. She said she was not sure a town this size can afford these two positions. She said she felt there were major issues facing the Town, like schools, roads, water and parks and recreation. She said she didn't feel that both of these two salaries were warranted.

George Hamzik - Mr. Hamzik pointed out that there was no Town employee Christmas party budgeted. He also said there was no new position in appropriated for the planning department, but there were three new positions added to public works. Mr. Hamzik questioned some other line items and said he had some suggestions that he would share with the town manager.

There being no further comment, the public hearing was closed.

5c., d., e., f., and g. Public Hearings: Annexations (Proposed Windcrest Farms) - Mr. Mizelle introduced the topic parcels for Public Hearings #5c through #5g and for #5i. Through #5m. All these properties are tied to the proposed Windcrest Farms Planned Unit Development. In each annexation petition, the subject property is contiguous with the existing town limits and meets the statutory requirements for annexation.

The properties involved in the petitions for annexation are the subjects of rezoning petitions in Public Hearings #5i. through #5m, Mr. Mizelle said. The zoning district requested is R-10, which sets up quarter-acre lots, similar to most other subdivisions in town. Mr. Mizelle explained that when there is a large tract of land, straight zoning often is not the best zoning. In those cases, Towns can opt to overlay a Planned Unit Development district, which also is being requested.

Mr. Michael Dean Chadwick then addressed the Board, describing the proposed Windcrest Farms Planned Unit Development. Mr. Chadwick described the PUD as a residential community serviced by an interconnecting network of streets, with two access points on Hwy. 55. He said the highway frontage of the PUD would be commercial in nature. A pond on the plan would be used for recreational purposes.

Mr. Chadwick said he had met with neighboring Windward Pointe Subdivision residents and has addressed in his plans concerns they voiced about the lots abutting their property and about through-traffic on Sandy Point Way as it is extended, especially during construction stage.

Mr. Chadwick said he had committed to Windward Pointe residents that Sandy Point Way would be gated to prevent through-construction-traffic. He said he amended his plan to provide the two access points on Hwy. 55 so that traffic would be encouraged to avoid Sandy Point Way after construction is complete. Mr. Chadwick said he felt residents were concerned that when Sandy Point Way was extended into his development, it would end up being a cut-through street with heavy traffic. The additional access point on Hwy. 55, he said, would alleviate that concern.

Commissioner Dickson asked if a drainage had been study conducted because water drains from property.

Mr. Chadwick said no, because submission of the PUD application was a preliminary step that was to be taken before more detailed plans were devised and submitted. He said that his plan is not at that point at which drainage studies are conducted. He added that when a drainage study is conducted later in the process, he would prefer not only to channel the stormwater from Windcrest Farms, but also Windward Pointe subdivision. He said the drainage plan would be to take care of Windcrest Farms drainage, resolve problems experienced in Windward Pointe while feeding the lake on his property.

Mr. Tony Withers then addressed the Board. He said the plan exceeds open space requirements and that the developer has gone out of his way to plan a good, quality neighborhood that will enhance the Town and the potential of Hwy. 55. He said the Windcrest Farms plan represents a good layout. Mr. Withers also pointed out that the property actually lies downhill from Windward Pointe, so anything they do to address drainage will actually improve Windward Pointe's existing drainage.

In closing, Mr. Withers pointed out to the Board that the Planning Board had reviewed the plan and endorses the PUD application and recommends approval of the rezoning requests because the requested zoning district is compatible with surrounding land uses.

Mayor Holleman noted that there were 11 public hearings dedicated to the issue of Windcrest Farms, 5 annexation petitions; 5 rezoning petitions; and the PUD application. He advised the audience that if they had comments on the plan for the neighborhood itself, that those comments be recorded during the PUD application hearing, rather than during the annexation or rezoning hearings.

With that explanation completed, the following public hearings were opened and the respective comments were recorded:

5c. Public Hearing: Annexation A99-03, 57.08 acres:

Comments For: None

Comments Against: None

There being no comments, the public hearing was closed.

5d. Public Hearing: Annexation A99-04, 24.75 acres:

Comments For: None

Comments Against: None

There being no comments, the public hearing was closed.

5e. Public Hearing: Annexation A99-05, 8 acres:

Comments For: None

Comments Against: None

There being no comments, the public hearing was closed.

5f. Public Hearing: Annexation A99-06, 6.94 acres:

Comments For: None

Comments Against: None

There being no comments, the public hearing was closed.

5g. Public Hearing: Annexation A99-07, 14 acres:

Comments For: None

Comments Against: None

There being no comments, the public hearing was closed.

5h. Public Hearing: Annexation A99-08, 2.457 acres -- Mr. Mizelle explained that this subject parcel relates to the proposed Braxton Village PUD. The 2.457 acres is located adjacent to Holly Glen subdivision. It is contiguous to the current town limits, can be served by Town utilities and otherwise meets all the statutory requirements for annexation.

With that explanation completed, Mayor Holleman opened the public hearing, and the following comments were recorded:

Comments For: None

Comments Against: None

There being no comments, the public hearing was closed.

As noted above, the following five public hearings relate as explained to the Windcrest Farms PUD application.

5i. Public Hearing: Rezoning Petition 99-R-01; R-10 and PUD:

Comments For: None.

Comments Against: None.

There being no comments, the public hearing was closed.

5j. Public Hearing: Rezoning Petition 99-R-02; R-10:

Comments For: None.

Comments Against: None.

There being no comments, the public hearing was closed.

5k. Public Hearing: Rezoning Petition 99-R-03; R-10:

Comments For: None.

Comments Against: None.

There being no comments, the public hearing was closed.

5l. Public Hearing: Rezoning Petition 99-R-04; R-10:

Comments For: None.

Comments Against: None.

There being no comments, the public hearing was closed.

5m. Public Hearing: Rezoning Petition 99-R-08; R-10:

Comments For: None.

Comments Against: None.

There being no comments, the public hearing was closed.

5n. Public Hearing: Rezoning Petition 99-R-09; R-10 and PUD - Mr. Mizelle explained that this topic property is the 2.457-acre subject of Annexation A99-08. He explained that if the Town takes this parcel into its jurisdiction, that a zoning district needs to be assigned to it. The developer requests an R-10 zone. The Planning Board and staff agrees that R-10 would be an appropriate zoning district for this parcel.

With that explanation completed, Mayor Holleman opened the public hearing, and the following comments were recorded:

Comments For: None.

Comments Against: None.

There being no comments, the public hearing was closed.

5o. Public Hearing: Windcrest Farms PUD Application - Mr. Mizelle explained that this public hearing is dedicated to the project as described earlier in the evening by Mr. Chadwick and Mr. Withers.

With that introduction, Mayor Holleman opened the public hearing, and the following comments were recorded:

Against: (5)

Bruce Keim, 508 Sandy Point Way -- Mr. Keim said he had no problem with the developer. He added that he had brought up a concern to the developer about Sandy Point Way. He said the developer met his concern satisfactorily, and now he believes it to be a good plan.

He added, however, that the Windcrest Farms development is a good plan for a town that has adequate infrastructure. He said he did not feel that Holly Springs had adequate infrastructure to support the services the new families would require.

He said the school is overcrowded, traffic on Hwy. 55 is too congested and there is an annual shortage in the water supply. He said turning down the application for these reasons would be a common-sense move.

Susan Campbell, 512 Sandy Point Way -- Ms. Campbell said she was in favor of development, but urged town officials to keep the best interest of current residents in mind. She said she loves Windward Pointe and appealed to the Board to keep Sandy Point Way closed to through-traffic, especially construction traffic. She said it was fine with her if the property is rezoned and developed as a PUD, as long as Sandy Point Way is closed until the subdivision is complete.

In addition, Ms. Campbell said she would not be in favor of the development if water supply problems and school crowding could not be improved.

Jennifer Pratt, 609 Cayman Ave. - Ms. Pratt says she loves the small town flavor of Holly Springs and is afraid that is changing with added development. She said she and her neighbors are trying to protect the Town's small-town flavor, but it seems to her that the Board is at odds with her neighborhood. She said she would vote against the upcoming water bond referendum if it meant stopping development.

She urged the Board to vote against approval of the Windcrest Farms PUD. She added, however, that if the Board did approve it, that it consider a moratorium of sorts on building until the Town could provide adequate water, school and road services. She said if the project was approved, she would hope that the Board would close Sandy Point Way.

Ms. Pratt also took this opportunity to advise the Board that she resents recent water restrictions. She asked what would another development do to an already decreasing water supply.

Ann Marie Waters, 605 Cayman Ave. - Ms. Waters echoed sentiments of previous speakers regarding traffic, schools and water. She said she was against the project and felt that the Board should listen to those speaking at the public hearing and vote accordingly.

Glen Murdaugh, 504 W. Ballentine St. - Mr. Murdaugh said he agrees that the Town needs added growth, but that it can't ignore the growing traffic problems. He said that we are dependent upon on the state for traffic improvements, and we are dependent upon Wake County for schools. But he said he did not agree that the Town has no control over traffic and school issues because the Town can control its needs by denying new projects that would aggravate these problems.

He said the Board should handle problems that we have now before approving more projects that will place an additional burden on current residents.

Comments For: (1)

Bob Mowrey - Mr. Mowrey, whose property backs up to Windward Pointe, spoke in favor of the project. Mr. Mowrey reminded the Board how he himself used to be opposed development. He said he actually opposed the Windward Pointe plan when it came before the Board of Commissioners some years ago. He said, at that time, he feared that his rural lifestyle would be drastically changed. He said his lifestyle did change, but he and his wife have actually enjoyed their new neighbors.

Mr. Mowrey said he went to great pains to find a good developer who would be dedicated to making a quality project. We have found a man who is willing to create and preserve green space and parks, bridal paths, and a total community concept. He pointed out that Mr. Chadwick is willing to block the Sandy Point entrance.

Mr. Mowrey said his wife and he thought long and hard before deciding to sell, but made that decision when Mr. Chadwick came up with an exceptional plan that would provide a quality development that would reserve a lot of green space on the farm he is leaving behind.

There being no further comments, the public hearing was closed.

5p. Public Hearing: Braxton Village PUD - Mr. Mizelle explained that this PUD plan replaces the earlier Holly Glen West Plan approved two years ago. The plan incorporates additional land acquired from CP&L and other adjoining property owners to give the PUD a 200-acre land acrea.

The PUD proposes a continuation of the development patter already existing in Phase One of Braxton Village. Additional road stubs to adjoining land-locked properties are proposed. Staff is continuing to work at the Planning Board's request to have the developer provide public open space as well as some fees-in-lieu-of land dedication.

Mr. Mizelle said the Planning Board recommends the Master Plan for Braxton Village PUD be approved, subject to the developer's providing an acceptable combination of open sapce and fees in-lieu of land dedication.

With that explanation completed, Mayor Holleman opened the public hearing, and the following comments were recorded:

Comments For: None.

Comments Against: None.

There being no comments, the public hearing was closed.

5q. Public Hearing: 99-SUP-03, Arbor Creek Animal Wellness Center - Mr. Mizelle explained that the applicant proposes an indoor animal boarding and wellness center on this property, located within Arbor Creek Planned Unit Development. The site is located along Sunset Lake Road near Middle Creek and is zoned to allow several uses, including commercial uses, he said. Mr. Mizelle advised the Board that facilities that offer indoor boarding of animals are allowed in commercial areas with issuance of a Special Use Permit.

Mr. Mizelle explained that the site plan has been reviewed by the Planning Board, which recommends approval of the Special Use Permit with the following two conditions attached: (1) All items marked as "future expansion" on the site plan shall require re-submission of a Special Use Permit application and a new SUP granted, prior to construction; and (2) Outside exercise of animals shall be limited to the daylight hours between dawn and dusk, and all nuisance ordinances, including noise ordinances, will apply.

Mr. Mizelle advised the Board that the developer, in addition to the SUP application, is requesting that the Town waive certain site improvements that are required by Town Code.

Mr. Mizelle reported that the Planning Board recommends that all improvements should be made at the developer's expense and should not be waived when consideration of the site plan is given.

Pursuant to Holly Springs Town Code Part 9, Chapter 4050.1, the following are the Six General Conditions that all Special Uses must meet:

(A) That all Specific Conditions have been or will be satisfied. (In this case, there are no Specific Conditions required by Town Code.)

(B) That access roads or entrance and exit drives will be sufficient in size and properly located to ensure motorist and pedestrian safety and convenience; that traffic flow and speed will be controlled within the project; and there is adequate emergency access in case of fire or other emergency.

(C) That service areas (off-street parking, loading, refuse areas, etc.) are located so as to be safe and convenient; that these areas do not block emergency access to buildings; and that these service areas are situated so as to minimize glare, odor, economic or other impacts on adjoining properties and the general neighborhood.

(D) That utilities, schools, fire, police and other necessary public and private facilities and services will be adequate to handle the proposed use.

(E) That 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.

(F) That the type, size and intensity of the proposed use, including 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.

With that explanation completed, Mayor Holleman opened the public hearing to accept sworn testimony. [Note: Sworn testimony was accepted on June 10, 1999 from Elizabeth Anne Adams Mata. The Town Clerk administered the oath to Ms. Mata, who submitted to her a letter of response to the application, which was included in the Commissioners' agenda packets on June 11, 1999. Ms. Mata was unable to attend the public hearing, but asked that her letter be accepted and entered into the record as sworn testimony. A copy of this letter is incorporated into this record as an addendum page to these minutes.]

As the public hearing opened, the Town Clerk administered the oath to each remaining witness. A copy of the list of witnesses is incorporated into these minutes as an addendum page.

The following testimony was recorded:

Stephanie Norris, 330 Raleigh St., Holly Springs, engineer for the project - Ms. Norris submitted for the record the applicants' Special Use Permit Application, the preliminary plan for the site and architectural drawings as testimony that the application would satisfy the six general conditions. She further explained that the use on the site would be a domestic animal boarding facility for indoor boarding and rehabilitation. The Special Use Permit Application (#99-SUP-03) and reduced drawings of the preliminary plan for the site are incorporated into this record as addendum pages to these minutes. The architectural drawings are on file in the Town Planning and Community Development Department, and are incorporated, by reference, into these minutes.

Christa A. Gallagher, D.V.M., 2279 Christian Light Road, Fuquay-Varina, the applicant - Dr. Gallagher testified that she and her husband, Barry Breakwell, are trying to bring to Holly Springs a facility that incorporates both cat and dog boarding, dog training, grooming and a rehabilitation center for physical therapy. She said she believed the plan satisfied the six general conditions and would have a positive impact on the community. She said she feels the facility would be well-suited to the property and to the town.

Commissioner Sack asked Dr. Gallagher what the indoor kennel boarding capacity of the facility would be.

Dr. Gallagher said that the facility is designed to house spaces for 60 dogs and 25 cats.

Commissioner Dickson said he estimates from the site plan that approximately two-thirds of the 4.6 acres would remain completely undisturbed and wooded.

Barry Breakwell, 2279 Christian Light Road, Fuquay-Varina, the co-applicant - Mr. Breakwell interjected that the property adjoins the Town's property that lies on the opposite side of the creek. He said that he and Dr. Gallagher intended to mesh their property into the park so that it would like one big undeveloped space.

Commissioner Dickson asked the applicants how far the exercise area was from existing or future homes.

Ms. Norris estimated a minimum of 200 feet, taking into consideration the site plan as it was being presented and any buffers that would be required as neighboring properties are developed.

Laura Mata-Adams, 643 Kingsforks Road, Cary, representing a neighboring property owner - Ms. Mata-Adams told the Board she was attending the public hearing in the absence of her mother, Ms. Elizabeth Anne Adams Mata.

Commissioner asked Ms. Mata-Adams where, in relation to the subject property, is her mother's property located.

Ms. Mata-Adams explained it lies to the east and a portion to the south.

Ms. Mata-Adams said she had a statement from her mother to read, which, she said, was a preliminary response. This preliminary response, she said, addressed particular points in the application.

Transcription of statement: "I am contesting (condition) "c" because (1) the building would cause glare because the vertical strip metal building is not in keeping with the other buildings in Arbor Creek and also is not an appropriate building to be exactly adjacent to an entrance to residential property.

"(2) Furthermore, the odor and noise from 64 kennels, and more with the proposed expansion, would greatly impact my property. Where there are that many animals, there is always noise and odor. Even if the wastes are superbly handled, there is some odor and always noise. If the wastes are not properly disposed of, it would become my problem to protest.

"I am contesting (condition) "e" because a 15-foot buffer is not adequate. Even a larger buffer would be problematic because the metal building and its expansion toward me is not the kind of building to be in very close proximity to an entrance to residential property, and its use is totally out of keeping with residential property as a close neighbor.

"I'm contesting (condition) "f" because my property will not remain a forest. It is zoned residential, for which I intend to use it. With the proposed highway taking all my road front, except a strip beside this proposed facility, the type of structure and its use become tantamount to my property's value. Because I must enter my property right beside this building, and the expansion would just make it impossible to have a nice entrance with that type of building and that type of use so close to the entrance." - End of Transcribed Statement.

Commissioner Sack asked to clarify that the property was not developed at this time.

Ms. Adams-Mata responded that it was not developed at this time.

Commissioner Sack asked to clarify the zoning of the property.

Ms. Adams-Mata responded that it was zoned residential.

Ms. Adams-Mata then advised the Board that her mother wished to make a correction to her earlier sworn testimony (in the form of the aforementioned letter) that she did not intend to "harvest" the trees from her property, but to "thin" them. That correction was made to the text of the letter and initialed by the Town Clerk.

Commissioner Martin asked to clarify if that was the letter that had been submitted to the Planning Board.

Ms. Adams-Mata said that it was the letter that had been submitted to the Town Clerk for distribution to the commissioners prior to the public hearing.

Commissioner Banks asked if a development plan for the property had been devised and submitted for review.

Ms. Adams-Mata said she was not prepared to answer for her mother because she did not really know.

Commissioner Banks apologized and said he was directing his question to Mr. Mizelle, but had not made that clear. Mr. Mizelle said that no plans for the property had been received by the Planning Department.

Ms. Adams-Mata appealed to the Board to allow her mother a chance to be heard on the application before a decision was made. She said her mother did not have adequate time to study the proposal and respond. She pointed out that her mother had requested that in her letter, but that she was reiterating the request for a delay on the decision.

She explained to the Board that her mother could not attend the public hearing in person because of a business trip that could not be rescheduled. She said her mother received notice of the public hearing, but did not have adequate time to thoroughly investigate the proposal before having to leave town. She asked the Board to delay its decision until her mother had a chance to return from her trip, learn more about the proposal and prepare a response.

Tom Johnson, representing Tory homes and future homeowners in Arbor Creek -- Mr. Johnson said he was opposed to the granting of the permit. He said the potential for noise is his biggest concern. He said he understand there was a 200-foot natural buffer, but he said that it may not be adequate to protect homeowners from the noise of boarded dogs.

There being no further witnesses to testify, Mayor Holleman closed the public hearing.

At this time, Ms. Norris suggested that the preliminary site plan be discussed as it might address some of the concerns brought up during the public hearing. She also asked if there could be discussion of the site improvement waivers that are being requested.

Mayor Holleman agreed to floor discussion of the preliminary site plan and waiver requests.

Ms. Norris explained that the amount of development proposed on the 4.6 acres is limited to about 1 acre located centrally on the tract. As for its effect on neighboring property, she said the building is set back appropriately off the road and would be effectively screened from Sunset Lake Road by an off-set driveway and additional landscaping. Additionally, she pointed out, the building is not situated at the property edge with any neighboring property, but near the center of the 4.6-acre tract, separated from the property on the east, west and south by a minimum of 200 feet of woods.

As for noise, she said the exercise yard shown on the site plan would be used only for a few dogs at a time, and that the dogs would be under the control of a handler. She said noise should not be a problem since the dogs would be exercised a few animals at a time for short periods of time during the day. She pointed out that the natural wooded, undisturbed buffer on the property would extend from the site no less than 200 feet at any one point, and as much as 300 in most cases.

Having addressed the concerns voiced during the public hearing, Ms. Norris initiated a discussion of the developers' request for site improvement waivers. She explained to the Board that the developers are requesting that road widening, curbing and guttering on Sunset Lake Road be waived; that the Town assist with the extension of waterline along Sunset Lake Road; and that the developers be allowed to install a private pump station versus gravity sewer.

Ms. Norris explained that the property fronts Sunset Lake Road with 425 feet. She said the developers were requesting waiver of the Town's requirement to widen, curb and gutter Sunset Lake Road because widening doesn't seem logical at this time with the relatively low traffic volume on Sunset Lake Road.

Ms. Norris then explained that the developers will need to connect to the Town's water services by laying approximately 870 linear feet of water line, including a 400-foot section across Town-owned property. She explained that the developer is asking that the Town pay for its part of the water line that will be placed across Town property.

Ms. Norris then explained that the developers are asking that they be allowed to install a private pump station as opposed to installing a more expensive gravity sewer line.

After much discussion on these topics, Mayor Holleman summarized that the improvements would amount to an additional investment of about $166,000, making the project economically infeasible for the developers, so they were asking the Town to waive some requirements and to participate in the waterline extension across Town property.

Commissioner Sack said he felt that it made sense to allow a private pump station at a cost of $24,000 rather than a gravity sewer line at a cost of about $84,000 because the service would be to only one property and allowing the cheaper alternative would seem to be in order, he said.

Commissioner Dickson said he felt the Town Board should do what it reasonably could to promote commercial development, which the Town sorely needs. He said he was in favor of completely waiving the road widening requirements. He added that he definitely would be in favor of accepting a payment-lieu-of-widening, but not requiring that payment until adjacent property was developed and also was required to widen Sunset Lake Road.

There was some discussion of placing a time frame on the postponement so that it would be easier to track.

Commissioner Banks suggested that the Town consider the following as to the waiver requests: that the Town offer assistance by agreeing to forgive half of the total payment-in-lieu of road widening that would be required on the project and requiring that the remaining half be paid before construction drawing approval; that the Town pay for its share of the waterline crossing Town property; and that a private sewer pump station be allowed, pursuant to the developers' obtaining a state permit.

No action was taken until later in the meeting, following the evening's set of public hearings.

5r. Public Hearing: 99-SUP-05, Holly Springs Apartments Phase II - Mr. Mizelle explained that Dorothy Nixon Allen Manor is preparing to double the size of its facility after receiving a federally-funded grant for the project to provide housing for the elderly and disabled.

Mr. Mizelle said the Planning Board has reviewed the application and recommends approval of the SUP and site plan, with a payment in-lieu-of streets and parks accepted.

Pursuant to Holly Springs Town Code Part 9, Chapter 4050.1, the following are the Six General Conditions that all Special Uses must meet:

(A) That all Specific Conditions have been or will be satisfied. (In this case, there are Seven Specific Conditions required by Town Code for multi-family complexes.)

(D) That utilities, schools, fire, police and other necessary public and private facilities and services will be adequate to handle the proposed use.

In addition to the above 6 General Conditions, evidence must be supplied that the following 7 Specific Conditions for Multi-Family Dwellings and Complexes will be met, pursuant to Part 9, Chapter 4050.3 of the Holly Springs Town Code:

(a) Zoning and Density: Zoning must be R-10. Maximum density shall be 10 units per acre developed on not less than 20,000 square foot tracts.

(b) Building separations and height restrictions: the minimum horizontal distance between the vertical projections of any points on two adjacent buildings shall be determined by the table below. The vertical projections for each building shall be drawn from that point on each building which is horizontally closest to the other building.

Minimum Horizontal

Distance Between

Height of Taller Building Vertical Projections

20 Feet or less 16 feet

Between 20.1 and 25.0 feet 25 feet

Between 25.1 and 30.0 feet 30 feet

Between 30.1 and 35.0 feet 40 feet

(c) Distance related to windows: the minimum distance between the center of facing windows of different dwelling units shall be 20 feet.

(d) Perimeter set-backs: A yard of at least 30 feet shall be provided around the entire perimeter of the site, with the exception of driveways. Parking spaces and accessory buildings shall not be permitted in the required setback area.

(e) Accessory Buildings: Accessory Buildings and uses for multi-family dwellings shall not be placed in the 30-foot yard around the perimeter of the site.

(f) Access for emergency and other vehicles: Access for emergency vehicles to all parts of the complex and to each dwelling unit shall be provided.

(g) Other permitted on-site uses: The Holly Springs Board of Commissioners may approve the inclusion of sales offices, coin-operated laundry facilities, swimming pool snack bars and similar other service uses for residents of the multi-family complex, provided that they are intended to serve residents of the complex only and will not attract outside traffic to the site.

With that explanation completed, Mayor Holleman opened the public hearing to accept sworn testimony. Witnesses were administered an oath by the Town Clerk. A copy of the list of witnesses is incorporated into these minutes as an addendum page.

The following testimony was recorded:

Comments For: (1)

Comments Against: None.

Craig Morgan - Mr. Morgan submitted into evidence Special Use Permit Application 99-SUP-05, a preliminary plan and architectural drawings to provide evidence that the project would satisfy the six general conditions and seven specific conditions required for issuance of a SUP. A copy of the application and preliminary plan are incorporated into these minutes as addendum pages. Architectural drawings are on file in the Town's Planning Department and are incorporated, by reference, into these minutes.

[Note: Residents Geraldine Bowles and James Kersey addressed the Board, but their comments were related to a property line dispute and not the Special Use Permit application.]

There being no further comments, the public hearing was closed.

5s. Public Hearing: 99-SUP-06, Things of Joy Gift Shop - Mr. Mizelle explained that the subject property is located at the corner of Earp Street and Hwy. 55. The property is zoned Village Business District - Special Use District. The applicant wishes to establish a commercial gift shop in a historical residential home. In addition, he is requesting that he be relieved of any roadway, sidewalk or landscaping requirements.

Mr. Mizelle explained that all uses in the VBD-SUD require a Special Use Permit. The SUP application must satisfy the six general conditions (as listed in previously in these minutes).

With that explanation completed, Mayor Holleman opened the public hearing to accept sworn testimony. The Town Clerk administered the oath to each witness. A list of witnesses is incorporated into these minutes as an addendum page.

Comments For: (2)

James Willis, the applicant - Mr. Willis submitted into the record his Special Use Permit application and related site plan that provide evidence that his use of the property would satisfy the six general conditions. A copy of the Special Use Permit Application and the related site plan are incorporated into these minutes as addendum pages.

In addition, Mr. Willis appealed to the Town Board for relief from site improvements required by Town Code. Specifically, Mr. Willis asks that his small business not be required to widen Hwy. 55 nor pay a payment-in-lieu of widening; that his parking lot not have to be paved; that landscaping requirements be relieved; and that he not be required to install an 8-foot wide brick sidewalk along Hwy. 55 nor Earp Street.

Mr. Willis said the site improvements were too expensive for a small family venture. Additionally, he said, some of the requirements would not be suited to the property. He said there simply was not room on the property to do some of these things (i.e. 8-foot sidewalks and widening of Earp Street and Hwy. 55).

Mr. Willis pointed out to the Board that extensive excavation would have to be done in order to install sidewalk. Also, he said, sidewalk installation would actually call for the destruction of three very old crepe myrtle trees on Main Street. On Earp Street, sidewalks would require the downing of at least one large old tree and the relocation of town utilities and landscaping. Mr. Willis said he felt that the loss of mature landscaping and the expense of relocating utilities was much too high for the sake of sidewalks. As for street widening, Mr. Willis said it was not economically feasible for his small business.

In closing, he asked the Board to consider the historic significance of the property and to allow him to keep it as nearly as possible to its original state.

Commissioner Sack said he was concerned about the lack of sidewalks because the Town is dedicated to creating a pedestrian-friendly downtown area. He suggested at least a four-foot sidewalk in front of the house, perhaps laying it out to meander through the existing crepe myrtles and leading up to the building instead of along the roadside where the above-grade property would not lend itself well to a sidewalk of any size.

Commissioner Sack said he was not as concerned about sidewalks along Earp Street, but he felt that some sort of walking path was needed on Main Street.

Commissioner Womble said he wouldn't mind working with Mr. Willis on the sidewalk, but then would expect the parking lot to be paved.

There was much discussion about sidewalks.

Commissioner Dickson pointed out that this was a historical property, and that pea gravel in the parking lot would maintain the period of the property.

Peter Atwell -- Mr. Atwell said he was in favor of granting the Special Use Permit and for the Town's waiving as many site improvement requirements as possible to encourage this and future Mom-and-Pop businesses along Main Street, which the Town really needs. In addition to the gift shop's being a good commercial development, even with waiver of site improvement requirements, he said, it was great to see a Holly Springs resident investing in downtown.

There being no further comments, the public hearing was closed.

Commissioner Sack summarized his concerns. He said that safe access to businesses for pedestrians was a key element of the Village Business District. He said he had no problem with waiving sidewalk requirements for Earp Street and no problem with allowing a gravel parking lot; however, he felt that some kind of walking area was needed on the front of the property.

Action: Commissioner Womble moved to table action until further study on a smaller sidewalk in the front of the property without disturbing the crepe myrtles could be conducted. Commissioner Sack seconded the motion.

During discussion, commissioners asked if a Special Use Permit could be issued, subject to a two-year review period. Commissioners Dickson and Banks said they felt the Town should waive all three requirements, in light of the special nature of the property.

Mayor Holleman suggested that the Board issue a SUP with permanent waiver of sidewalks on Earp Street and allowing an unpaved parking lot and then come back in two years to review the permit to address sidewalks on Main Street.

Action: Commissioner Martin offered a substitute motion that the Board issue a SUP with a waiver of sidewalk improvements on Earp Street and paving requirements for the parking lot with a review of the permit two years from now with respect to sidewalks on Main Street. Commissioner Dickson seconded the motion, which carried unanimously, eliminating the original motion.

6. Agenda Adjustment - moved to earlier in the agenda by a previous action.

7a. FY 1999-2000 Budget - Commissioner Martin moved that Ordinance 99-6, the budget ordinance, be adopted to put the revenue and spending plan in place. Commissioner Dickson seconded the motion, which carried unanimously. A copy of Ordinance 99-6 is incorporated into these minutes as addendum pages.

Action #2: Commissioner Martin moved that Ordinance 99-7, the ordinance setting the fiscal year's water and sewer rates and a new development fee schedule, be adopted. Commissioner Womble seconded the motion, which carried unanimously. A copy of Ordinance 99-7 is incorporated into these minutes as an addendum page.

7b., c., d., e., f. and g. - Tabled in earlier action.

7h. 99-SUP-03, Animal Wellness Center -- The Board made findings of fact that General Conditions for a Special Use Permit would be satisfied pursuant to information contained in Special Use Permit Application 99-SUP-03, its related site plan and sworn testimony recorded during a public hearing.

Action: Commissioner Banks moved, Commissioner Dickson seconded, and a unanimous vote followed to direct the following actions:

A. That Special Use Permit 99-SUP-03 be granted with the following additional conditions attached: (1) All items marked as "future expansion" on the site plan shall require re-submission of a Special Use Permit application and a new SUP granted, prior to construction; and (2) Outside exercise of animals shall be limited to the daylight hours between dawn and dusk, and all nuisance ordinances, including noise ordinances, will apply. Commissioner Dickson seconded the motion, which carried unanimously.

B. That the preliminary site plan for Arbor Creek Animal Wellness Center be approved.

C. And that the developer receive the following relief from site improvements: (1) that only half of the total payment-in-lieu of road widening be required, payable before construction drawing approval; (2) that the developer be allowed to install a private pump station and force main rather than a sewer gravity line. No relief was granted for installation of the 12-inch waterline.

7i. 99-SUP-05, Holly Springs Apartments Phase II - Commissioner Womble moved that Special Use Permit 99-05 be issued with the Town's accepting payment-in-lieu of street widening and parks dedication. Commissioner Sack seconded the motion, which carried unanimously.

7j. 99-SUP-06, Things of Joy Gift Shop - Action taken earlier in the agenda, immediately following the public hearing.

8. Consent Agenda - Commissioner Dickson moved that all items on the Consent Agenda be approved. Commissioner Banks seconded the motion, which carried unanimously, affecting the following actions:

8a. General Concrete - An amendment to the General Office site plan was approved, allowing the postponement of the installation of landscaping until neighboring construction in completed.

8b. Budget Amendment, COPS Grant - A budget ordinance amendment (FY 1998-99) in the amount of $12,031 was adopted to facilitate the shift of part-time and full-time personnel. A copy of this budget amendment is incorporated into these minutes as an addendum page.

8c. Budget Amendment, Powell Bill - A budget amendment (FY 1998-99) to facilitate the transfer of Powell Bill Funds to the Corrugated Container / Holland Grills projects was adopted. A copy of this budget amendment is incorporated into these minutes as an addendum page.

8d. Minutes - Minutes of the Board's regular and special meetings held in May were approved.

9. Other Business - None.

10. Mayor's Report - None.

11. Commissioners Reports:

Commissioner Dickson - Commissioner Dickson asked Peter Atwell to report on how promotion of the water bond referendum was going.

Commissioner Womble - Commissioner Womble asked what would be involved in hosting a site for a fund-raising circus. Mr. Mizelle advised that circuses are allowed in most zoning districts with a Special Use Permit.

Commissioner Martin - None.

Commissioner Sack - Commissioner Sack reported on a recent litter pick-up day and then he thanked Mr. Dolle for his service to the Town during his short tenure as town manager.

12. Closed Session - None

13. Adjournment - There being no further business for the evening, the Holly Springs Board of Commissioners meeting of June 15, 1999 was continued until 7:30 p.m. Tuesday, June 23 following a motion at 12:35 a.m. by Commissioner Dickson, a second by Commissioner Womble and a unanimous vote.

Respectfully Submitted on Tuesday, July 20, 1999

________________________

Joni Smith, CMC

Town Clerk

Addendum pages, as referenced in these minutes, follow and are a part of the official record of this meeting.