4/4/00 Meeting Minutes, Town of Holly Springs

Town of Holly Springs

Board of Commissioners Regular Meeting

Tuesday, April 4, 2000

MINUTES

The Holly Springs Town Board of Commissioners met in regular session on Tuesday, April 4, 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 7:35 p.m. A quorum was established as the mayor and all five board members were present as the meeting opened.

Board Members Present: Commissioners 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); Jennifer Carr, director of economic development; Patt Crissman, interim director of planning; Stephanie Sudano, director of engineering; Len Bradley, director of parks and recreation; and Peter Bine, interim planning staff member.

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

At this time, Mayor Holleman asked the Board’s permission to add to the agenda an introduction of the new Holly Springs Historical Society. The Board had no objections.

Lynne Anne Fowle addressed the Board, giving board members a brief history of the newly-formed group. She informed them about a Civil War march re-enactment this weekend that will be taking place partly in Holly Springs.

No action taken.

4a. Public Hearing: Ordinance 00-04 – Mrs. Carr explained that this amendment to the zoning ordinance is being proposed in order to allow parks as a permitted use in the Office and Institution zoning district. She explained that the goal is to facilitate the development of a park area downtown on the Mims property; however, she pointed out, the ordinance amendment would apply to all properties zoned O&I.

Mrs. Carr reported that the Planning Board had reviewed the proposed ordinance amendment and recommended its adoption. Action on this topic, she noted, is included on the night’s Consent Agenda.

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

For: None.

Against: None.

Other: None.

There being no comments, Mayor Holleman closed the public hearing.

4b. Public Hearing: Rezoning Petition 00-R-07 – Mrs. Carr explained that this rezoning petition requests that .25 acres on Holly Springs Road be rezoned from R-10 to O&I. Mrs. Carr explained that a few years ago, the Town initiated a rezoning along Holly Springs Road reclassifying several residential properties to O&I. This parcel was inadvertently omitted from that rezoning maneuver, she said. The property is currently in use as a real estate office of Julie Wright Realty, which is housed in a former residential-type structure. Surrounding zoning includes O&I to the west and south, and R-10 to the east and north. The Planning Board has reviewed the petition and recommends approval, Mrs. Carr said. Action to approve the petition is scheduled on the night’s Consent Agenda, she added.

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

For: None.

Against: None.

Other: None.

There being no comments, the public hearing was closed.

Commissioner Schifano asked if adjacent property owners were notified of the proposed zoning change. Mrs. Carr said yes.

4c. Public Hearing: Rezoning 00-R-04 – Mrs. Carr explained that the Town had received a rezoning petition filed by Sunset Forest LLC requesting that 225 acres located on the north side of Holly Springs Road be rezoned from R-20 to R-10 Planned Unit Development. The property, which is located adjacent to and west of Sunset Ridge North, is bounded by R-10 PUD property to the east; R-20 to the north and west; and R-20 and R-10 to the south.

Mrs. Carr added that the developer is proposing to continue the Sunset North PUD to include the 225 acres just to the east of the existing PUD. As required by the PUD ordinance, uses and densities are specified for each area within the PUD, she said.

Mrs. Carr reported that the Planning Board had reviewed the request and recommends approval. Action on the question, she said, is scheduled for consideration under New Business on the night’s agenda.

Scott Dixon, representing the developer, explained the project. He said that Sunset Ridge North PUD II is proposed to be an expansion of the original Sunset Ridge development. Mr. Dixon explained that the developer intends to continue the quality and character of the existing development.

Tony Tate, land planner for Sunset Forest LLC, addressed the board, explaining that what is being proposed is a continuation of Sunset Ridge North PUD. He explained that the developers are planning to avoid cul-de-sacs and promote street intra- and inter-connectivity. He pointed out that the development would tie in well with neighboring developments with the street design that is being planned

With those explanations completed, Mayor Holleman opened the public hearing, and the following comments were recorded:

For: None.

Against: None.

Other: None.

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

4d. Public Hearing: Rezoning Petition 00-R-05 – Mayor Holleman explained, first, that the petitioner is his sister, Rosalyn Cox. He added that he has no financial interest in the property.

Mrs. Crissman explained that the Town had received a petition for rezoning filed by Mrs. Cox requesting that 6.159 acres of land on the east side of Avent Ferry Road be rezoned from R-20 to C-1. The property is located adjacent to and south of the proposed NC 55 Bypass interchange with Avent Ferry Road, although the property will not have access to the Bypass.

Surrounding zoning, Mrs. Crissman said, is R-20 to the north, south and west across Avent Ferry Road and C-1 to the east, across the abandoned railroad corridor.

The 2008 Comprehensive Plan, Mrs. Crissman said, designates this area as being located near a Community Activity Center, a center of mixed uses.

Mrs. Crissman advised the Board of Commissioners that a plan for this adjacent CAC will be on the agenda for the new Commercial Growth Corridor Committee just appointed by the Town Board. She also pointed out that limited access to the NC 55 Bypass will influence the potential development of properties along this major transportation corridor.

Mrs. Crissman reported that the Planning Board had reviewed the petition and recommended approval following a 4-3 vote. Members of the Planning Board, she reported, were concerned about commercial zoning prior to guidance from the new Commercial Growth Corridor Committee on design guidelines for Community Activity Centers.

Commissioner Schifano asked for clarification as to whether or not the parcel was located within the designated CAC node. Mrs. Crissmann explained that that CAC label on the map is round in nature, but is not intended to encompass or not encompass any particular parcels of property.

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

Against:

Linda Boggs, 608 Country Lane – Mrs. Boggs is opposed. She said she feels that Avent Ferry Road will not be able to handle the traffic of a commercial business. She said she feels the rezoning of this parcel will adversely affect the value of her own property. She said she believes the property should remained zoned for residential development.

Mrs. Boggs presented a petition containing signatures she collected in support of turning down the rezoning request. The petition is incorporated into these minutes as addendum pages.

Bill Banks, 1208 Trotter Bluffs – Mr. Banks is opposed. Mr. Banks, a resident of Trotter Bluffs, said he does not feel that Commercial zoning is the best zoning for this property; although, he added, he does not feel that R-20 is appropriate. He reminded the Board of the nodal concept of development with intense uses in the center of node, radiating out to less intense uses. He pointed out that the CAC center noted on the 2008 Comp Plan is centered with a little more than 50 acres already zoned commercial. He said he felt that this parcel, which is located near the outer rim of the CAC label, should be zoned to something a step less intense than commercial. He suggested Office and Institution.

Mr. Banks also said he felt that Avent Ferry Road traffic congestion would be aggravated. He said the property was too close to the Avent Ferry Road and NC Bypass 55 interchange to provide for safe entrance and exit from the property.

He suggested that the Town encourage development on already existing commercial properties. He also suggested that the petitioner and adjacent landowners take their properties together and package them for rezoning.

For:

April Berry, daughter of the petitioner and resident of the petition property. Mrs. Berry told the Board that the property in question is the birthplace of her mother, the longtime residence of her grandfather, and her own birthplace of 30 years ago. She said she grew up in the house, lives there now and had dreams of raising her own children in the same house. She said she has watched as the Town has changed before her eyes, impacting this property and those around it. She said she is requesting commercial zoning of the property, not because of a specific development plan she has in mind, but on the advice of a real estate agent and developer. Both, she said, recommended a commercial zone for the property, given its proximity to the NC 55 Bypass and the commercially-zoned property to the east.

Mrs. Berry said her original hopes to live in the Holleman homeplace and raise her children there is not to be, but she would like to live in the house as long as she can and has no immediate plans for development. Whatever happens, she said, she would want to be a good steward for her grandfather’s memory and the results of his lifetime of hard work. She said if the land was destined for development, she would rather oversee the development than someone who did not know Holly Springs or her grandfather.

Commissioner Schifano asked if there was a timeframe for development of the property.

Mrs. Berry said she has no agenda for development at this time, nor a timeframe. She is hoping to live there as long as possible.

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

At this time, Mayor Holleman stressed that there was no access to the Bypass from this property.

4e. Public Hearing: Rezoning Petition 00-R-06 – Mrs. Crissmann explained that the Town had received a petition for rezoning filed by David S. Sharpe requesting that 1.29 acres in the Omni Industrial Park on Quantum Drive be rezoned from Light Industrial to C-1. The property, she said, is the first lot on the left in the industrial park and currently holds a metal warehouse/industrial-type structure. Surrounding zoning, she said, is C-1 to the north and east of the property and I-1 and R-15 to the south.

The 2008 Comprehensive Plan designates this parcel for commercial uses, Mrs. Crissman said, adding that the Planning Board had reviewed the petition and recommends approval.

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

For:

David Sharpe, owner -– Mr. Sharpe is in favor of the rezoning, contingent upon a plan for a charter school’s being finalized. He said if the plans for the school were to fall through, he would prefer to leave the parcel zoned industrial. He asked the Board to hold the public hearing, accept his comments, but defer action on the rezoning petition until plans for the charter school are finalized.

Against: None.

Other: None.

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

Special Use Permit Hearings

Prior to the opening of the meeting, each witness was sworn in by the Town Clerk. Witnesses who were not sworn in before the meeting were sworn in prior to providing testimony.

5a. Public Hearing: Special Use Permit Application 00-SUP-01 – Mrs. Crissman explained that the Town had received a Special Use Permit Application filed by Kurt Regensberger of Security Self Storage requesting permission to allow outdoor storage of RVs, boats and trailers at the site, located at 1100 N. Main St.

Mrs. Crissman explained that this application had been tabled in February by the Planning Board to allow the applicant to address that board’s concerns regarding the screening of the property. She reported that staff had met with the applicant who desires to post a cash bond in a suitable amount to cover the cost of plant installation in the fall when plant materials should be more readily available.

Mrs. Crissmann also provided background information on the application. She explained that in 1996, Mr. Regensberger applied for and received approval for Phases 1 and 2 of a commercial site plan and in 1997, approval for Phase 3. At a subsequent date, Mr. Regensberger received approval to add U-Haul truck rental to his business with the stipulation that trucks would be parked behind the chain-link fence.

Since those approvals, Mrs. Crissmann said, Mr. Regensberger has been renting outside vehicle storage space to customers without an SUP (for outside storage). He is now applying for permission to allow storage of recreational vehicles, boats and trailers and what was approved as Phase 3 of the site. The request, Mrs. Crissman explained, is for a limited time period of two years with reversion to the approved Phase 3 site plan at the end of the two-year period.

Mrs. Crissmann added that, although the single row of evergreen plant materials shown on the plans was to be installed with the construction of the Phase 3 building, Mr. Regensberger is proposing to install these plant buffers within 60 days of SUP approval.

Mrs. Crissmann reported that the Planning Board for discussed the applicant’s adding 70 feet of green slats to fencing, four feet of evergreens across the back of the site and two feet of evergreens on the side. The Planning Board also expressed concern that U-Haul trucks and trailers were being parked on the outside of the fence, Mrs. Crissman reported. She added that Mr. Regensberger had collected on a petition the signatures and addresses of customers who desired that he be allowed to have outdoor storage of Rvs, boats and trailers.

[The petition was included in the Board of Commissioners agenda packets; however, it is not qualified sworn testimony and is not made a part of this record. Also not included in this record is a letter from neighboring property owner Jerald Bass. Mr. Bass’ letter was emailed to commissioners; however, it was not qualified sworn testimony and could not be used in considerations. Mr. Bass asked that if the permit was approved, that tall evergreens be required on the back buffer strip of the property.]

Mrs. Crissman said that Planning Staff recommends that the Town Board attach the following additional conditions to the Special Use Permit, if it is granted:

1. That all plant materials be installed by Sept. 30, 2000 with installation guaranteed by a cash bond in the amount of 125% of the estimated cost of installation. Failure to install plant material within the specified time period would result in immediate revocation of the SUP.

2. That the SUP will expire April 30, 2002.

With that explanation, Mayor Holleman opened the pubic hearing to accept sworn testimony. The following witnesses were heard:

Kurt Regensberger – Mr. Regensberger submitted his site plan and special use permit application into the record as evidence that his use would satisfy the six general conditions, including one specific condition for outdoor storage, pursuant to Town Code. A copy of Special Use Permit application 00-SUP-01 and its related site plan are incorporated into these minutes as addendum pages.

There being no others, the public hearing closed.

5b. Public Hearing: Special Use Hearing 00-SUP-02 – Mrs. Crissman explained that All-Star Gas, located on Tract 4 of the Holland Industrial Park, was found to be in violation of Town Code because a portion of the site is being used for outside storage. She explained that it apparently always was the intent of All-Star Gas to use the back portion of the property for outdoor storage of empty liquid propane tanks, but that that fact was unclear at the time of the site plan approval. A Special Use Permit is required for outdoor storage, but All-Star Gas did not secure one and is applying for such now.

Mrs. Crissman said the Planning Board had reviewed the Special Use Permit application 00-SUP-02 and recommends granting of the Special Use Permit, contingent upon findings of fact following testimony, and with the additional condition that no tank storage be allowed until a Certificate of Occupancy is issued for the building.

With that explanation completed, Mayor Holleman opened the public hearing to accept sworn testimony. The following witnesses were heard:

Mike St. John – Mr. St. John submitted Special Use Permit Application 00-SUP-02 and its related site plan into the record as evidence that the use on the property would satisfy the six general conditions, including one specific condition for outdoor storage, pursuant to Holly Springs Town Code.

Mr. St. John added that there is a need in the community for the service his company provides to retail businesses and residences. He said the tanks stored on site are empty ones awaiting delivery to customers. He added that the tanks are then filled on site of the customer. He said the site plan illustrates that the company would store the tanks on site in an orderly fashion near the rear of the property. He stressed that All-Star Gas is a safety- and security-oriented business that not only has to follow its own company safety policies, but state and federal regulations as well.

Commissioner Schifano asked the witness if his company had conducted a needs analysis for this area. He also asked if there was a gas monitoring mechanism at the site to detect gas in the air.

Mr. St. John responded that All-Star Gas been doing business here and recognizes a need. He explained that his company distributes fuel from a main pipeline near Apex. He said that pipeline serves this portion of the entire country. Mr. St. John said that there is no gas monitoring mechanism to measure levels of gas in the air.He explained, however, that gas is heavier than air and that it sinks down. He said any escaping gas would be contained on the property.

Tim Schwoyer, of Corrugated Containers, a neighboring firm in the industrial park – Mr. Schwoyer, whose company, Corrugated Containers, occupies adjacent property in the industrial park, is opposed to the issuance of the Special Use Permit.

Mr. Schwoyer testified that the outdoor storage was unsightly and posed a safety issue for his investment. He pointed out that though the tanks being stored are empty, there is still the bleeding of propane gas on the site. He feels the storage of the tanks has a negative impact on the development of the industrial park because of the aesthetics and the safety concerns. He testified that the Holly Springs Fire Department had responded to emergency calls to the site, and it raises his concerns about safety.

Mr. St. John – In response, Mr. St. John pointed out that the All-Star Gas location is below road level and most building levels in the industrial park. He said gas would sink and dissipate on the site without ever leaving the confines of the site. He insisted that the facility is safe and that adequate safety procedures are in place. He added that tanks on the lot are stored empty and do not pose a hazard.

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

5c. Public Hearing Special Use Hearing 00-SUP-03 – Mrs. Crissman explained that A special use permit application had been submitted to the Town by Pacos Construction to allow for outdoor storage of construction equipment and above ground fuel tanks (gas and diesel) at Tract 19, Thomas Mill Road. The subject property, she said, is currently undeveloped. The site plan, which meets all Code requirements for development, illustrates a small office on the property and the storage outdoors of fuel tanks and equipment.

Mrs. Crissman said the Planning Board had reviewed the Special Use Permit application 00-SUP-03 and recommends granting of the Special Use Permit, contingent upon findings of fact following testimony.

Commissioner Schifano asked if equipment would be stored in the 30-foot perimeter buffer shown on the site plan. Mrs. Crissman said no.

With that explanation completed, Mayor Holleman opened the public hearing to accept sworn testimony. The following witnesses were heard:

Harold Yelle, engineer for the project -- Mr. Yelle submitted Special Use Permit Application 00-SUP-03 and its related site plan into the record as evidence that the use would satisfy the six general conditions, including one specific condition for outdoor storage, pursuant to Town Code. Mr. Yelle explained that he set the plan and screening to adequately buffer the site from adjacent property owners. He said he feels the plan addresses all the issues of screening. He said the site plan also illustrates that visual impact was in mind when parking was designed on the lot.

Tim Schwoyer, Corrugated Container – Mr. Shwoyer explained to the Baord that his company purchased 25 acres initially in the industrial park and is expanding. He said Corrugated Container, which is located next door to the subject site, considers itself a good, clean and attractive industrial site. Mr. Shwoyer said he feels, however, that the Pacos Construction site would detract from his own property, especially when he brings some of his top customers to visit the Holly Springs facility, because of the unsightliness of the outside storage.

Mr. Schwoyer said the site plans do state that there will be a 30-foot semi-opaque buffer; however, semi-opaque means there will be visibility into the site. Further, he said, when visitors look out the window of Corrugated Container’s executive offices, the unobstructed view will be of a storage yard for construction equipment. He added that he has never seen a construction equipment yard that was neat and orderly.

Mr. Schwoyer submitted into the record Polaroid photographs he took of a construction equipment storage site located up Thomas Mill Road from the subject property. He said if a similar situation existed next door to his business, it would have an adverse affect on his property. He added that Thomas Mill Road is becoming lined with companies that are detracting from the quality of the industrial park, and he urged the Town Board to consider the affect of allowing another company with outdoor storage of equipment.

The six photographs, which are incorporated into these minutes, are described as follows:

Exhibit A - F: Photos of the site outside a building with the address of 128-134 Thomas Mill Road in the industrial park, which has outdoor storage of construction equipment. The photos show the same site, from various distances and angles.

Mr. Shwoyer advised the Board that Corrugated Containers represents an approximately $6 million investment in the Holly Springs industrial park. He said he hopes his company represents the type of industry that the Town of Holly Springs is trying to attract. But, he is concerned about the nature of what the industrial park is becoming. He said he wants to protect his company’s investment and that the Town should want the industrial park to be a nicely developed space for quality companies, not an industrial parking lot.

Mr. Shwoyer said he also has an environmental concern relating to the proximity of the fuel storage tanks to a town storm sewer as shown on the site plan. He said if the Town Board felt that it had to grant the special use permit, he asked that extra precautions or conditions be placed on the permit to augment the aesthetics of the site, to require additional opaque screening, and to address the chain link fence to require something more opaque and attractive.

Lesli Doares, 316 W. Elm Ave. – Mrs. Doares testified that the only existing entrance into the industrial park is via New Hill Road. She said she was concerned about truck traffic, hauling construction equipment to be hauled, turning onto New Hill Road from NC 55 in downtown. She said the traffic hazard, road hazards and safety hazard of the trucks carrying heavy equipment onto New Hill Road posed a threat to the entire Holly Springs downtown area. She urged the board to be careful and selective in issuing permits for businesses that may have a detrimental effect on the community.

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

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

Motion Made By: Womble

Motion Seconded By: Schifano

Vote: Unanimous.

Items Added to Agenda: Defer action on Item No. 7c. At the petitioner’s request.

Consent Agenda Items Moved to New Business: Item No. 8e, preliminary site plans for Windcrest Farms Phase 4.

7a. Rezoning Petition 00-R-04 -- Commissioner Sack moved that Rezoning Petition 00-R-04 requesting R-10 PUD zoning designation for 225 acres on Holly Springs Road be approved. Commissioner Womble seconded the motion, which carried unanimously.

7b. Rezoning Petition 00-R-05 – Commissioner Schifano moved that action on this request be deferred until such time as the Commercial Growth Corridor Committee has a chance to organize and provide advice on development along Avent Ferry Road. Commissioner Sack seconded the motion.

In discussion, Commissioner Schifano said he was assured by the petitioner that she had no immediate plans for development of her property and that deferring action would not have a dramatic impact,

Commissioner Womble asked if the petitioner’s not being in a hurry was the reason Commissioner Schifano desired to defer action on the request. Commissioner Schifano said no, he wanted to defer action until a plan was in place for development in that area and that deferring action would leave the process open for the request to receive future action without having to go through the entire petitioning procedure again.

Vote: The vote on the motion was unanimous.

7c. Rezoning Petition 00-R-06 – Action on the request for C-1 zoning for a parcel in the Omni Industrial Park was deferred at the petitioner’s request during the agenda adjustment portion of the meeting.

7d. 00-SUP-01 – Commissioners reviewed hearing testimony in preparation of making findings of fact and ruling on the issuance of a Special Use Permit to allow outdoor storage of Rvs, boats and trailers on the subject parcel.

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 is one Specific Conditions required by Town Code for businesses with outside storage: The Board shall carefully consider the effects of the individual operation on neighboring property and the Holly Springs area and shall deny the permit if an adverse effect would be created – Part 9, Section 4050.3(I).)

(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. In discussion, commissioners set about making findings of fact.

Findings of Fact:

Commissioners received no sworn testimony during the public hearing stating that the use would not satisfy any of the general and specific conditions. Consensus of the Board was that the site plan and application submitted into the record during testimony satisfied the general and specific conditions. Commissioners discussed the Board’s option of applying additional conditions to the Special Use Permit, if granted.

Commissioner Schifano asked if the subject property backs up to a residential zone. Mrs. Crissman said yes.

Commissioners agreed on attached conditions that would be appropriate in order to provide a more positive development impact on surrounding parcels.

Action: To grant Special Use Permit 00-SUP-01 with the following attached conditions:

1) That all plant materials be installed by Sept. 30, 2000 with installation guaranteed by a cash bond in the amount of 125% of the estimated cost of installation. Failure to install plant material within the specified time period would result in immediate revocation of the SUP and forfeiture of the bond to the Town.

2) That the SUP will expire April 30, 2002.

3) That screening between the site and residential properties be of a non-deciduous, tall-growing type, such as Leland Cypress.

4) That no parking of U-Haul vehicles and trailers be allowed outside the approved area for the parking of those vehicles.

Motion By: Sack

Second By: Womble

Vote: Unanimous

7e. 00-SUP–02 – Commissioners reviewed hearing testimony in preparation of making findings of fact and ruling on the issuance of a Special Use Permit to allow outdoor storage of LP gas tanks at Tract 4 in the Holland Industrial Park.

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

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

Findings of Fact:

Commissioners reviewed sworn testimony received during the public hearing.

Commissioner Schifano said he felt that there was evidence was presented to the Board that an adverse effect would be created on neighboring property and the area when a witness testified that a monitoring mechanism would not detect gas in the air.

Mayor Holleman added that a witness testified that the appearance of the site was detracting from the witness’ investment in the industrial park.

Commissioner Sack said storage of tanks at the site has been unsightly in the past, and he is not certain that categorizing the tanks according to size as shown on the site plan would be any less unsightly.

Mayor Holleman asked if the Board if granting the permit would be compatible with how the Town wishes to see properties in the industrial park develop. He said if some properties detract from the appearance of the industrial park neighborhood, then larger companies may not consider locating in Holly Springs.

Mayor Holleman noted that the Town Code specific condition for outdoor storage contains restrictive -- not permissive -- language. He read the condition, putting emphasis on the words “shall deny.” He said he did not believe the Board had to continue making further findings of fact because the board had carefully considered the effects of the individual operation on neighboring property and the Holly Springs area and was required by Part 9, Section 4050.3 (I) of the Town Code to deny the permit if an adverse effect would be created.

Commissioner Dickson made a motion to find as facts that although other conditions for a special use permit might be satisfied, the Board is of the opinion that the issuance of the proposed special use permit would not be consistent with other developments in the area, would result in the diminution of this site, and would adversely affect the development potential in the Town’s primary industrial area. Therefore, Commissioner Dickson moved to deny the application for a special use permit.

Action: That Special Use Permit application 00-SUP-02 be denied.

Motion By: Dickson

Second By: Atwell

Vote: Unanimous.

7f. 00-SUP-03, Pacos Construction – Commissioners reviewed hearing testimony in preparation of making findings of fact and ruling on the issuance of a Special Use Permit to allow outdoor storage of construction equipment and above-ground fuel tanks on the subject parcel.

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

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

Findings of Fact:

Commissioners reviewed sworn testimony received during the public hearing.

Commissioner Schifano said he felt that, aesthetically, yes, the proposed use would have an adverse effect on the neighboring property. He added that he does not know where outdoor storage of construction equipment should be allowed, but he feels testimony that proximity of the outdoor storage would adversely affect Corrugated Containers was convincing.

Commissioner Sack agreed that Mr. Shwoyer of Corrugated Containers made a compelling argument as to the adverse effect the outdoor storage of construction equipment and fuel tanks would have on adjacent property.

Mayor Holleman asked if the Commissioners agreed that this case follows the same logic as the previous case on the agenda in which the Town Code states that a permit shall be denied if an adverse effect would be created.

Commissioners agreed that it did.

Commissioner Sack made a motion to find as facts that although other conditions for a special use permit might be satisfied, the Board is of the opinion that the issuance of the proposed special use permit would not be consistent with other developments in the area, would result in the diminution of this site, and would adversely affect the development potential in the Town’s primary industrial area. Therefore, Commissioner Sack moved to deny the application for a special use permit.

Action: That Special Use Permit 00-SUP-03 be denied.

Motion By: Sack

Second By: Dickson

Vote: Unanimous

7g. Sunrise Methodist Church Preliminary Site Plan– Mrs. Crissman oriented the Board to the location of the property. She explained that the subject non-residential preliminary site plan is for a 5.68 acre vacant tract on the south side of Sunset Lake Road just east of the Optimist Farm Road intersection. A church is planned for the location. Mrs. Crissman explained that the church plans to construct its facility in a number of phases over a period of years, and the site plan is for Phase 1 of the project. Mrs. Crissman explained that along with consideration of the 9,450 square foot Phase 1 of the site plan, the church is requesting waiver from town development standards as follows:

1. A waiver from requirement to widen Sunset Lake Road for the length of the property frontage. Mrs. Crissmann explained that the church was waiting to hear from NCDOT on whether or not it will be required to construct a left turn lane and/or right rutn deceleration lane.

2. A waiver from the requirement to install curb and gutter and pave the on-site parking lot until Phase 3 of the project, when the main sanctuary is planned to be built.

3. A waiver from the required number of parking spaces from 92 to 83.

At this time, Mrs. Crissmann yielded the floor to spokesmen of the church.

Mr. Curtis Chi, architect for the project, addressed the Board. He explained that although the church is requesting waiver of road widening, it would provide a paved entrance way into the church property from Sunset Lake Road. As for the waiver for paving, curbing and guttering the parking lot, Mr. Chi said the church desires to do this at a later phase in the project when it would better be able to afford it. The reduction of the parking spaces is to accommodate a future phase of the church site.

Mayor Holleman asked if the church would dedicate right-of-way for future road widening. Mr. Chi said, yes, this already has been done.

Commissioner Dickson said the last time the Board had a request from a church for development standard waivers, the Board did allow the waiver of road widening, but not for paving of parking lot and curb and gutter.

Bill Banks addressed the board. A member of the church, Mr. Banks pointed out that Sunrise Methodist Church is asking only for a temporary waiver, until Phase 3 is begun. He said other requests considered in the past were of permanent nature. He explained that the church simply wants to get the first building out of the ground, and then at Phase 3, it will do everything required in the Town Code, excepting the road widening.

Commissioner Sack asked what is the timeframe the church expects to reach Phase 3. Mr. Banks said he was not sure, but would guess between five and 10 years.

Rev. Gary Allred, pastor of the church, addressed the Board. He said the church is growing fast, but is facing economic constraints for its $1 million-plus project. He added that the members would rather not compromise the facility in order to meet Town Codes now, when the church expects to reach Phase 2 rather

Commissioner Sack said it would be good for Holly Springs to have a new church facility to accommodate 200 people of our community. He suggested that the Board grant waiver from widening Sunset Lake Road and waiver of parking lot improvements until the church reaches Phase 3 of its plans.

Commissioner Dickson said he was not adverse to that idea.

Action: To approve the preliminary site plan for Sunrise Methodist Church (with the reduction in parking spaces), contingent upon the following waivers and conditions:

1. Waiver of widening or payment-in-lieu of widening for Sunset Lake Road;

2. Waiver of paving the Phase 1 parking lot, requiring paving and curbing and guttering to be installed at Phase 3 of the project, or in five years, whichever comes first.

3. That the entrance drive from Sunset Lake Road be paved.

4. That adequate handicapped parking be provided and paved.

Motion By: Sack

Second By: Womble

Discussion:

Commissioner Atwell said he is concerned about setting a precedent.

The Town Attorney and Town Manager pointed out that in five years there would be no enforcement mechanisms in place for Town staff to use in urging compliance.

Mayor Holleman pointed out that the preliminary plan before the Board is for Phase 1 only. He said the Board, in five years, could hold up Phase 3 approval until improvements are made. He pointed out that the Board also would have an opportunity to reevaluate the entire project at the Phase 2 approval.

The Town Attorney suggested that if the Board is inclined to look at the situation again at Phase 2, then the motion should simply state that the waivers apply to Phase 1. At Phase 2, additional waiver can be granted for the parking lot, if needed.

Amendment: The motion was amended to approve the preliminary site plan for Sunrise Methodist Church (with a reduction in the number of parking spaces), contingent upon the following waivers and conditions:

1. Waiver of widening or payment-in-lieu of widening for Sunset Lake Road;

2. Waiver of paving, guttering and curbing of the Phase 1 parking lot;

3. That the entrance drive from Sunset Lake Road be paved in Phase 1.

4. That adequate handicapped parking be provided and paved in Phase 1.

Motion to Amend By: Sack

Second to Amend Motion By: Womble

Vote: Unanimous.

7h. Windcrest Farms Preliminary Plans – Mayor Holleman suggested that the Board defer action on this topic until some transportation issues are worked out.

Action: To defer action on consideration of Windcrest Farms PUD preliminary plans.

Motion By: Womble

Second By: Atwell.

Discussion:

Commissioner Schifano said he noticed that principals of the Windcrest Farms project were prepared to make a presentation, and he wanted to hear it.

Engineers on the project explained that the property encompasses 110.84 acres, and 456 dwelling units on varying lot sizes are planned. Overall density of the project is 4.3 dwelling units per acre.

Windcrest Farms PUD is planned to consist of single-family homes and townhouses. The developer will dedicate open space as noted on the plans as well as pay the Town $170,000 in fees-in-lieu of dedication. Sewer allocation for the project is 164,160 gallons per day.

The PUD preliminary plan has been through the staff review process and review by the Planning Board. Staff and Planning Board recommend approval of the PUD preliminary plan, contingent upon the developer’s satisfying outstanding engineering comments.

Commissioner Dickson said his concern was with four cul-de-sacs in the northwest quadrant of the plan. He said he would like to see more intra-connectivity in the development. He said he would like to see some of the cul-de-sacs looped so that they connect with other streets in the PUD.

Commissioner Sack asked if the street design was restricted because of the drainage of the property.

A representative of the developer said engineers for the project would work with Town staff to achieve as much intra-connectivity as possible, but they will have to avoid wetlands.

Mayor Holleman said he wants all drainage problems solved before the plan goes any further.

The engineer explained that the property has gone through an extensive drainage study and review by the Town’s consultant. Consultants agree that the drainage issues on the property can be mitigated. The staff recommendation is to address more specific drainage issues at the construction drawing phase, when that detail is normally addressed.

Mrs. Sudano said there are areas of concern in this basin; however, she said staff is comfortable with approval of the preliminary site plan, contingent that there is no construction until the satisfactory resolution of engineering review comments regarding drainage.

Tony Withers, an engineer on the project, said he feels confident that the when his firm does the detail drainage design during construction drawings, the result will be the actual enhancement of drainage problems on neighboring upstream developments.

Vote: 4-1. Commissioners Dickson, Atwell, Womble and Schifano voted for the motion to defer action until April 18 so that street connectivity and drainage issues could be addressed a bit more. Commissioner Sack voted against.

8. Consent Agenda – Commissioner Sack moved that all remaining items on the Consent Agenda be approved. Commissioner Womble seconded the motion, which carried unanimously, affecting the following actions:

8a. Ordinance 00-04 – An ordinance to add parks as a permitted use in Office and Institution zoning districts was adopted. A copy of Ordinance 00-04 is incorporated into these minutes as an addendum page.

8b. Rezoning Petition 00-R-07 – Rezoning Petition 00-R-07 requesting O&I zoning district for property located on Holly Springs Road was approved.

8c. 00-PUD-01 – The Planned Unit Development plan for Sunset Ridge North PUD II was approved.

8d. Sunset Ridge North PUD II, Phase 4 – The preliminary plan for Sunset Ridge North PUD II, Phase 4 was approved.

8e. Windcrest Farms PUD – Moved to New Business during agenda adjustment.

8f. Prince Property – The preliminary site plan for the Prince Property was approved, contingent upon satisfaction of staff review comments.

8g. Omni Industrial Park Lot 3 – The preliminary site plan for Omni Industrial Park Lot 3 was approved, contingent upon results of storm drainage study and resolution at construction drawing review.

8h. Ordinance 00-02 – Ordinance 00-02 establishing new rules and regulations relating to parks land and open space dedication and fee-in-lieu of dedication options; and adding related text addressing open space and buffering in the Bass Lake watershed was adopted. A copy of Ordinance 00-02 is incorporated into these minutes as addendum pages.

9. Public Comment – At this time, a 15-minute period was made available for those in audience to address the Board on any topic not listed on the agenda. No comments were made.

10. Other Business

10 a. Business Travel -- Commissioner Dickson said he read in the newspaper about area businessmen and elected officials going on a trip to Denver. He said he was surprised to learn about it and felt ill-prepared to answer questions from citizens about Mayor Holleman’s going on the trip.

Mayor Holleman explained that he has gone on this annual trip sponsored by the Greater Raleigh Area Chamber of Commerce for the past few years and did not know that Commissioner Dickson did not know about it. He said he does not apologize for going, but he apologizes for not making sure the Board knew about it ahead of time.

Nevertheless, Commissioner Dickson said he did not like surprises and would like to propose two motions relating to overnight travel of elected officials.

Action: That the Board adopt a policy that prior to any elected official’s overnight or airline travel at the Town’s expense, two conditions must be observed:

1. Announcement of such travel at the regularly-scheduled Town Board meeting prior to the departure date.

2. Before or at the time of the announcement, a written statement of purpose for the travel must be submitted to all members of the Board. The statement should state specifically how the travel and associated activities will benefit the Town of Holly Springs.

Motion By: Dickson

Second By: Schifano

Discussion:

Discussion centered around whether or not the purpose of the statement prior to travel was for requesting permission of the Board of simply to provide information. Commissioner Dickson clarified that his intent was for gaining information.

Vote: Unanimous.

Action: That a policy be adopted that upon return from overnight or airline travel at the Town’s expense, all elected officials must provide a written summary of the activities, meetings and general good that such travel provided for the Town of Holly Springs; and that this same information be publicly announced at either the first or second regularly-scheduled Town Board meeting following return from travel.

Motion By: Dickson

Second By: Schifano

Discussion:

Commissioner Dickson said he wanted a written report on any trips taken. In this way, he said those who go on the trips can share with others what they learned.

There was much discussion about the stipulation that the reports be in written form. Commissioner Sack said he felt a verbal report should suffice.

Commissioner Atwell suggested that the motion be amended to state that a verbal report would be given. Commissioner Sack said he would be amenable to that because it would accomplish communication to the other Board members, but would not require a formal written “book report.”

Motion to Amend: Commissioner Dickson amended his motion to state that a written and/or verbal report would be provided.

Second to Amend the Motion: Schifano

Vote on Amended Motion: Unanimous.

At this time, Commissioner Sack reported on his March trip to Washington D.C. where he attended the National League of Cities Congress.

Mayor Holleman then reported on the economic development aspects of the meetings he attended in Denver with the North Carolina contingency.

11. Manager’s Reports – Mr. Self reported that Ms. Gina Bobber will be joining the Town Staff as the Town’s new planning director. He thanked Mrs. Patt Crissmann of The Wooten Company for providing assistance in the interim. Mr. Self also introduced Mr. Peter Bine, who will be working with the Planning and Development Department in various areas during the transition.

Commissioner Atwell informed the Board that Wake County is forming a growth committee. He said members may want to keep this in mind and be thinking about how Holly Springs should be represented.

12. Adjournment – There being no further business for the evening, the April 4, 2000 regular meeting of the Holly Springs Board of Commissioners was adjourned at 11:02 p.m., following a motion by Commissioner Sack, a second by Commissioner Atwell and a unanimous vote.

Respectfully Submitted on May 16, 2000,

_________________________________

Joni Smith Powell, CMC

Town Clerk

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