3/7/00 Meeting Minutes, Town of Holly Springs

Town of Holly Springs

Board of Commissioners Regular Meeting

Tuesday, March 7, 2000

MINUTES

The Holly Springs Town Board of Commissioners met in regular session on Tuesday, March 7, 2000 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 7:30 p.m. A quorum was established as the mayor and all five board members were present as the meeting opened.

Board Members Present: Commissioners Tim Sack, John Schifano, Parrish Womble, Peter Atwell and Hank Dickson and Mayor Holleman.

Board Members Absent: None.

Staff Members Present: Richard B. Self, town manager; Ernest C. Pearson, town attorney; Joni Powell, town clerk (recording the minutes); Len Bradley, parks and recreation director; Stephanie Sudano, director of engineering; Jennifer Carr, director of planning and development; and Patt Crissman, interim planning director.

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

4. Agenda Adjustment – The March 7, 2000 meeting agenda was adopted with changes, if any, as listed below.

Motion Made By: Sack

Motion Seconded By: Schifano

Vote: Unanimous.

Items Added to Agenda: Special recognition of Holly Springs Elementary School essay winners was added, to follow agenda adjustment. No others.

Consent Agenda Items Moved to New Business: None.

Special Presentation – At this time, Lesli Doares, Chairman of the Holly Springs Coalition for Youth and Families, addressed the Board explaining that the HSCYF recently sponsored an essay contest in conjunction with Holly Springs Elementary School. The subject of the contest was diversity, and Commissioner Tim Sack served as one of the judges on the panel.

Mrs. Doares announced the winners of the contest in various grade levels, and Commissioner Sack presented Town lapel pins to the students as momentos.

No action taken.

5a. Public Hearing: Ordinance 00-02 – Mr. Self explained that this public hearing is being held to receive input on a proposed ordinance that would amend the Town Code regarding parks and open space dedication as well as address Bass Lake watershed buffer regulations. The proposed ordinance mirrors the Town’s parks and open space dedication and payment-in-lieu policy adopted a few years ago, he said. Because of various grant programs, the policy should be formalized into ordinance, Mr. Self explained.

The proposed ordinance spells out how parks and open space land will be dedicated to the Town, and it provides for the option of paying a fee in lieu of dedicating space. Additionally, the ordinance establishes a requirement for an undisturbed 100-foot buffer on either side of a perennial stream and dedication of the buffer as conservation easement to the Town of Holly Springs.

Following the public hearing, Mr. Self explained, the ordinance will be forwarded to the Planning Board for review and recommendation at its March 28 meeting. The Planning Board recommendation would then be forwarded to the Town Board for action in April.

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

In Favor: None.

Opposed: None.

Other: None.

There being no comments, the public hearing was closed.

5b. Public Hearing: Sunset Ridge North PUD II – Mrs. Carr explained that the Town has received an application for a Planned Unit Development named Sunset Ridge North PUD II. She explained that the Town Code requires that the Town Board and Planning Board hold a joint public hearing on applications for PUD approval. Staff has reviewed the proposed plan and continues to work with the developer on street connectivity, phasing of a secondary access point and open space / fee-in-lieu requirements.

Following the public hearing, the plans will be forwarded to the Planning Board for review and recommendation at its March 28 meeting.

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

In Favor:

C Scott Dixon, Sunset Ridge resident and representing the applicant – Mr. Dixon presented an artist’s rendering of the PUD proposal. He explained that the basic philosophy in the existing Sunset Ridge development will continue in future development: to create a place where there is a great quality of life for people; to create neighborhoods within Holly Springs so that residents will live their lives here, rather than just living in houses here; to line streets with sidewalks and streetscapes; to offer a broad variety of housing product to attract a diversity of people; and to offer amenities that are fully staffed.

C Tony Tate, landscape architect and land planner for Sunset Forest LLC – Mr. Tate explained that the new development would be fronted by the existing Sunset Ridge PUD village area, with decreasing density as it goes away from the front of the project. He said the streets are designed in a modified grid pattern. He said the western side of the project would meet up with the proposed Windcrest Farms and that this portion of the Sunset Ridge neighborhood would form a transition that would mesh well with what is being proposed in Windcrest Farms.

Commissioner Schifano asked Mr. Tate if plans were to connect streets in Sunset Ridge PUD II with neighboring subdivisions. Mr. Tate stated yes.

Commissioner Sack asked if 47 acres of open space featured on the plan was correct. Mr. Tate stated yes.

Commissioner Womble asked if there would be access to Hwy. 55. Mr. Tate said yes, through the future Windcrest Farms, although Sunset Ridge developers are still working with the Town’s engineering staff regarding specific street layouts.

Mayor Holleman said he was glad the plan did not appear to feature a whole lot of cul-de-sacs.

Mr. Tate then showed an artist’s rendering of the recreational area that is currently under construction.

Opposed: None.

Other: Jason B. Kaplan, 404 W. Elm Ave. -- Mr. Kaplan asked how much water will the aquatic park use. He asked if it would impact the seasonal water shortages this area experiences. Mr. Tate answered that he did not know how much water initially will be used, but he explained that the pool would be filled only once. After that, the water is simply recirculated through cleaning filters year after year. He said he did not feel the aquatic park would have any significant impact on the Town’s water supply.

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

Commissioner Dickson asked if membership to the aquatic club would be open to the public.

Mr. Dixon said he did not know at this time. He said developers may know what their plans will be in about a month.

At this time, resident Van Crandall asked if he could speak on the subject.

Action: To reopen the public hearing

Motion By: Schifano

Second By: Dickson

Vote: Unanimous

The public hearing was reopened to accept the following comments:

For: None.

Opposed: None.

Other: Van Crandall, 4813 Salem Ridge Road – Mr. Crandall said he hopes the large development will have a positive impact on Holly Springs. He urged the developers to encourage contractors to build homes that use solar energy. He said it would benefit the property owners, the contractors and the community.

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

5c. Public Hearing: Rezoning Petition 00-R-03 – Mrs. Crissman explained that Rezoning Petition 00-R-03 is a town-initiated rezoning request that seeks to apply Office and Institution and Town Center Mixed Use (with Town Center Design Standards Overlay) on several parcels of property located in the heart of Holly Springs.

She reminded the Board that it recently adopted the new TC-MU zoning district and associated design standards. The zoning and design standards were not applied, but will apply to future new development in the TC-MU zoning district.

The property involved in the rezoning request is bounded on the north by Earp Street; on the west by a residential subdivision; on the south by vacant properties and residential; and on the east by Hwy. 55.

Proposed development within these districts, Mrs. Crissmann said, would be reviewed by the Planning Board as well as the Town Board.

Within the area proposed for rezoning, existing development is a combination of residential, church, offices, businesses and vacant uses. Current zoning is R-15 and Village Business District. Surrounding zoning is R-15 and Village Business District. The 2008 Comprehensive Plan designates the area as Village Activity/Town Center; therefore, the rezoning request is in keeping with that plan, she said.

Mrs. Crissman provided some background on this project: Planning for the development of the Town Center has been underway for over two years. In December, the Town Board adopted the Town Center Mixed Use zoning district and associated Town Center Overly District design standards for development within the Town Center. The final step in preparing for the actual development of the Town Center is to put in place the appropriate zoning to encourage development.

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

In Favor: None.

Opposed: None. (No one spoke specifically in opposition to the rezoning; however, several adjacent property owners expressed concerns about development on the subject properties. Those comments are recorded below).

Other: Michael Stocks, 413 Ballentine Street – Mr. Stocks said he had concerns about the rezoning, especially the parcels identified as O&I (with the TC-MU overlay). He said a stream runs through the property, and he believes that development could not be done on the property without an environmental study. He said his main concern is that the natural area that exists behind his and his neighbors’ homes is beautiful, and they would hate to see it developed. He said it would be devastating if the natural area were destroyed.

Neal Harris, 409 W. Ballentine -- Mr. Harris said he believes the Town Center is a good idea, but he is concerned about Ballentine Street through the park property. He asked when and how would the roadway be improved.

Another concern, he said, is erosion control. He said he would hope that developers are held to stricter erosion control measures than current projects are exhibiting.

As for buffers established for this area, he said he does not believe that regulations are adequate. He said a commercial trash dumpster could be placed 15 feet away from his back property line as it is. He asked that the Board consider strengthening those regulations.

Anthony Schmidt, 400 W. Ballentine St. – Mr. Schmidt said he agreed with those speakers before him; however, he said, he is a little more selfish because his house stands to be more impacted than any others. He said he would love to see new businesses in Holly Springs, but, he added knowingly, “just not in my backyard.”

He said there were nine children living on Ballentine Street, and he doesn’t want to have to tell his son to stay out of a dumpster. He said, “I want to tell him to play in the woods.”

Mr. Schmidt said he also was concerned about additional traffic on Ballentine Street, which is already receiving a lot of extra traffic. He said he feels like he is being pushed out of his house by impending development, but he enjoys living in Holly Springs and does not want to leave.

Another concern, he said, are the buffers. He said he believes that there is not much buffer required between his property and the adjacent uses.

In closing, Mr. Schmidt said he just wants everyone in Holly Springs to be able to live happily ever after.

Bill Clark, 405 W. Ballentine St. – Mr. Clark advised the Board that residents already refer to Ballentine Street as the Ballentine Speedway. He said his purpose is to support his neighbors in asking that the Town Board not allow any negative impact to their neighborhood with development. He said he would like to be sure that the decisions made would not adversely affect property values.

He asked if Special Use could be required for the properties that are immediately adjacent to residential properties.

Mr. Clark stressed that he is not against development in the town, and is actually kind of impressed by what all is going on; however, he asked the Board to keep his neighborhood in mind not only for the issues of quality of life but also for resell value.

Brett Warren, 420 W. Ballentine St. – Mr. Warren said he was very much in favor of the Town Center and some of the plans he has seen; however, he asked if the Town Center could be shifted so that it centers around Avent Ferry Road and Hwy. 55. area.

He said his concern is with the O&I (Mims) property that is naturalized now. He said he would hate to see it developed.

He said he also was worried about the amount of and speed of traffic on West Ballentine Street.

Dennis Coley, 409 W. Elm – Mr. Coley said he agreed with others regarding traffic concerns. He suggested that a library be placed on the Mims property along with a park instead of other development.

Jonathan Kent, 101 Dutch Hilll Road – Mr. Kent echoed the concerns of others regarding preservation of the natural area. He said he also is concerned about greenways, especially the one on his property that is incorporated onto a sewer easement. He said Mr. Len Bradley has told him that the greenways are generally paved walking trails. He said this would further destroy a natural area, plus create the issue of pedestrian and bike traffic across his back yard. He said he hopes all of these concerns will be taken into consideration.

Glenn Myrto, 408 W. Ballentine St. – In general, Mr. Myrto said, he is in favor of the Town’s vision. He said he also is in favor, in general, of the rezoning request. But he said he would like to offer some suggestions. He said he likes the mature woods in the area. He said he feels that too much of the Town’s landscape has been brought down by the developer’s hand. He pointed out, too, that currently, the Town Code does not specify that parks are an allowable use in the O&I zoning district. He urged the Board to preserve the stream.

Mr. Myrto said he feels that the buffers defined in the Town’s ordinance may be inadequate. He said he did not feel that semi-opaque buffers would be enough.

He also suggested that Parcels 2, 3 and 4 of the petition be designated as TC-MU Special Use.

Jason Kaplan, 404 W. Elm Ave. – Mr. Kaplan addressed the Board again, saying he supports his neighbors who feel like areas on Hwy. 55 are better suited for commercial development. He said he would like to see the buffer regulations more protective and steps taken to preserve the natural area with a park. He added that he feels that some residents have been mislead about the intent of this area.

Commissioner Dickson asked Mr. Self to read the list of permitted uses in the TC-MU district so that residents would have a good idea of the possible types of development that could occur. Mr. Self read the list of permitted uses, which are less intense uses than in an ordinary commercial zone. Commissioner Dickson noted that the question before the Board was one of zoning of the property, and not the development. He, stressed that the zoning of the property would not bring about immediate development, but would ensure that if any development were to occur, it would be in keeping with the Town Center vision.

Commissioner Sack asked if parks could be added to the O&I zoning district, as Mr. Myrto suggested. Mrs. Crissman said an ordinance to that effect has been drafted and will be presented at the next Town Board meeting.

Mayor Holleman reminenced about his childhood days playing in the stream that was talked about so much during the night. He assured residents that he nor the Town Board as a group would do anything that would be detrimental to the neighorhood. He said the Town Board would hope that it will protect and enhance the quality of life and not harm it.

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

5d. Public Hearing: Ordinance 00-03, Bed and Breakfast Inns – Mrs. Crissmann explained that this ordinance proposes that bed and breakfast inns (B&Bs) be added as a special use within the R-20, R-15, R-10, Traditional Neighborhood, O&I, Town Center Mixed Use and Village Business District zoning districts under conditions outlined in the ordinance for all special uses. By allowing B&Bs only as a special use, she explained, adjacent property owners will be notified, a public hearing will be held and the Town Board will have the opportunity to attach additional reasonable conditions as warranted by specific situations.

Mr. Self said a definition for a bed and breakfast had been added to the first draft version of the ordinance.

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

In Favor: None.

Opposed: None.

Other: None.

Commissioner Schifano asked why B&Bs were being considered for addition in residential zones. Mrs. Crissman said the ordinance proposes them as Special Uses, but that the Board can omit the residential zones from the ordinance, if it wishes.

Commissioner Schifano said his goal is to keep R-10 consistent. He said the Town wouldn’t want to see B&Bs in subdivisions.

Commissioner Sack said the Special Use provision would likely provide that protection.

There being no comments, the public hearing was closed.

6a. Rezoning 00-0R-03, Downtown Properties – Mayor Holleman asked again about what are allowed uses in the TC-MU district. Mr. Self read the list again.

Mayor Holleman asked if buffer widths were addressed in the Downtown Center Design Standards. Mrs. Crissman said separate buffer regulations are not addressed in the Downtown Center Design Standards. She said existing Town Code provides different width requirements between types of uses. She explained that current Code calls for graduating buffer width requirements between dissimilar uses, depending on the intensity of the uses. She estimated that the buffers that would be required in the Downtown Center would be in the moderate range, between 20 and 40 feet.

Mayor Holleman asked about tree planting. He asked if there is an existing growth of 40-feet that is preserved for buffer, could it be augmented with additional plantings. Mrs. Crissmann said yes.

Commissioner Atwell suggested that the Town change its buffer ordinance to increase the requirements. Mrs. Crissman explained that such a change would apply across the board in all zoning districts, not just in the Downtown Center. Instead, she suggested, the Town Board might consider amending the Town Center Design Standards to address buffering.

Commissioner Dickson asked if the Board approved the rezoning, could it go back and upgrade the landscaping design standards and apply it to the subject properties. Mrs. Crissmann said yes.

Commissioner Atwell said he would feel better with regulations well-defined and in place before approving the rezoning.

The Town Attorney assured the Board that subject properties would not be grandfathered and that development would have to comply with the Town Center Design Standards in place at the time the development begins the review process.

Mayor Holleman said he would like to see the rezoning done so that the Town will have taken its first steps toward this long-awaited project. He said the Town Staff would need to waste no time, however, in addressing buffering and landscaping in the Town Center Design Standards.

Commissioner Sack said he feels the Town needs to get started, and the rezoning would accomplish that much. In the meantime, he said, the Town needs to massage the Design Standards to modify buffering or the possible exclusion of uses. With that, he made a motion.

Action: To approve Rezoning Petition 00-R-03 applying O&I and TC-MU zoning districts (with the Town Center Design Standards to be used) to downtown core properties as identified on the rezoning petition.

Motion by: Sack

Second by: Womble

Discussion:

In discussion, Commissioner Schifano said he was not opposed to adding Special Use District to the rezoning petition.

Commissioner Dickson asked if this would be an appropriate time to amend the motion to specifically exclude commercial amusements.

Amendment: To approve Rezoning Petition 00-R-03 applying O&I and TC-MU zoning districts with the Town Center Design Standards to downtown core properties as identified on the rezoning petition, with the exception that commercial arcades and amusements would be prohibited in the districts.

Amendment Motion By: Sack

Second to Amendment Motion By: Womble

Vote: Unanimous.

6b. Ordinance 00-03 – Ordinance 00-03 to allow bed and breakfast inns in R-20, R-15, R-10, TN, O&I, TC-MU and VBD zoning districts as special uses was adopted. A copy of Ordinance 00-03 is incorporated into these minutes as addendum pages.

Motion by: Womble

Second by: Sack

Vote: Unanimous

6c. Middle Creek Subdivision Site Plan – Mr. Self reported to the Board that the developer will provide a site-specific report regarding the monopole transmission tower on the site. He said Mrs. Sudano has arranged for a consulting engineer to look at this specific issue to provide the information the Town’s needs to make sure it is safe.

Mrs. Crissman outlined the submitted plan: She said 33 lots are proposed in the residential site plan situated on 13.83 acres of property zoned R-10. The property is located off Holly Springs Road, across from the middle school site. The proposed use is single-family residential with average lots sizes of 14,095 square feet and minimum lot sizes of 10,000 square feet. Density planned is 2.38 dwelling units per acre. For open space, a fee-in-lieu is proposed. Sewer allocation is 11,888 gallons per day.

She advised that the Board to note on the plans that a monopole-type transmission tower is situated on this property. She added that this site plan represents the first that was required to go through the new fiscal impact analysis.

Mrs. Sudano addressed the Board regarding the monopole. She said there is no designated fall zone, so staff is concerned and desires an engineering study. She advised that the developer was agreeable to that suggestion.

Mrs. Sudano also reported the results of the fiscal analysis. According to the model compiled, the site plan represents a potential loss to the Town of $10,669 for the project. Mrs. Sudano pointed out, however, that the fiscal impact analysis modeling mechanism is not yet complete and may not be providing an accurate picture.

Mayor Holleman said he did not feel that the fiscal impact analysis provided dependable information because it takes into account only the effect on the Town’s General Fund. He said he wants to see the other half of the study completed with a final analysis model that considers all factors and impacts.

Action: To approve the site plan for Middle Creek Subdivision, subject to staff’s satisfaction of the safety of the monopole following the engineering study.

Motion By: Schifano

Second By: Sack

Vote: Unanimous

7. Consent Agenda -- All items on the Consent Agenda were approved following a motion by Commissioner Dickson, a second by Commissioner Womble and a unanimous vote. The motion affected the following actions:

7a. Ordinance 00-02 -- This draft ordinance to amend the Town’s parks and open space regulations was referred to the Planning Board for review and recommendation on March 28.

7b. Sunset Ridge North PUD II – The plans for this new PUD were referred to the Planning Board for review and recommendation on March 28.

7h. Minutes – The minutes of meetings held on Feb. 1 and Feb. 15 were approved.

8. Public Comments – At this time, a 15-minute period was provided for citizens to address the Board on any variety of issues not listed on the night’s agenda. The following citizens were heard:

8a. Walt Hudyman, 104 Merrimont Way – Mr. Hudyma reported on this attending a recent Triangle J Regional Solid Waste Management Conference.

8b. Lesli Doares, 316 W. Elm – Mrs. Doares reported that trucks are using Ballentine Street through the park property. She asked for increased enforcement of the No Trucks sign.

No action.

9. Other Business: None.

10. Manager’s Reports: Mr. Self reported that Bill Jenkins had withdrawn his application for a Special Use Permit to operate a car dealership on Hwy. 55 property. He reported on the continuing progress of the water tower construction.

No action.

11. Closed Session – Mr. Self requested that the Board enter into Closed Session for the purpose of discussion of pending litigation with the Town Attorney and the potential acquisition of real property. Commissioner Sack moved that the Board enter Closed Session for these purposes. Commissioner Schifano seconded the motion, which carried unanimously. No action was taken in Closed Session.

General Account of Closed Session -- March 7, 2000

The Board and legal counsel discussed mediation strategy regarding a land condemnation case in which the Town and property owner disagree on the value of the .77 acres that was condemned for expansion of the Town’s wastewater treatment plant. The Board provided the Town Attorney and Town Manager with direction as to how to proceed during mediation, authorizing them to increase the Town’s compensation offer to no more than $40,000.

Mr. Self reported that a property owner has offered for sale to the Town a .87-acre tract on New Hill Road. He said the cost of $17,500 was an excellent offer. The Board held discussion on this topic.

– End of General Account

On return to Open Session:

Commissioner Sack moved that the Board reenter Open Session. Commissioner Dickson seconded the motion, which carried unanimously.

Land Purchase Action: Commissioner Sack moved that the Town acquire .87 acres of land on the corner of New Hill Road and Irving Parkway and that the Board authorize a budget ordinance amendment in amount of $17,500 to facilitate the purchase, withdrawing funds from unappropriated Fund Balance and applying it to capital outlay, land. Commissioner Dickson seconded the motion, which carried unanimously. A copy of this budget ordinance amendment will be on file in the Town’s Finance Office and is hereby incorporated, by reference, into these minutes.

12. Recess – There being no further business for the evening, the March 7, 2000 meeting of the Holly Springs Board of Commissioners was continued, scheduled to reconvene at 6:30 p.m. Thursday, March 16.

Motion By: Sack

Second By: Dickson

Vote: Unanimous

Respectfully Submitted on Tuesday, April 18, 2000,

______________________________

Joni Powell, CMC

Town Clerk

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