Town of Holly Springs

Board of Commissioners Regular Meeting

Tuesday, Sept. 19, 2000

MINUTES

The Holly Springs Town Board of Commissioners met in regular session on Tuesday, Sept. 19, 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); Stephanie Sudano, director of engineering; Len Bradley, director of parks and recreation; Thomas Tillage, superintendent of the water quality department; Cecil Parker, chief of public safety; Gina Bobber, planning director; and Kyle Garner, town planner.

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

4. Agenda Adjustment – The Sept. 19, 2000 meeting agenda was adopted with changes, if any, as listed below.

Motion Made By: Sack

Motion Seconded By: Atwell

Vote: Unanimous.

Items Added to Agenda: Item 5l., to accept public input for the record for those present to speak during a public hearing that had been advertised for Sept. 19 for a rezoning petition concerning the proposed Finisterra development. Mayor Holleman explained that the notice had been mailed and published for a hearing on Sept. 19; however, the petitioner had omitted a Wake County PIN number, so corrected notices setting a new public hearing date were required. The rescheduled hearing is set for Oct. 3, 2000.

Consent Agenda Items Moved to New Business: None.

Other Changes: None.

5a. Public Hearing: Annexation Petition A00-06 – Ms. Bobber explained that the Town received a petition for voluntary annexation from all owners of several parcels of property comprising approximately 750 acres. The property is located on New Hill Road and is the site of the proposed Finisterra development. The subject property is contiguous with the corporate town limits and meets all statutory requirements for voluntary annexation, she said.

Ms. Bobber added that the developer and petitioners request that the public hearing on this petition be held, but that action be scheduled for Oct. 3 when other aspects of the development will be scheduled.

With that explanation completed, Mayor Holleman opened the public hearing, and the following comments were recorded: None.

The public hearing was closed.

Prior to the next six public hearings, Mayor Holleman asked that all public hearing topics be combined into one public hearing session to accept input on any or all of the ordinance amendment proposals. Following is a description of each public hearing topic, followed by any comments that were recorded for each:

5b. Public Hearing: Ordinance 00-11, Landscape Guidelines – Ms. Bobber explained that the proposed amendments to the Landscape Guidelines are to correct typographical errors in regard to section numbers, to require thoroughfare buffers for all non-residential properties (including O&I and I-1 zoned properties) not just commercial (C-1) as currently specified, and to increase buffer requirements adjacent to the NC 55 Bypass and the future Western Wake Expressway.

The following comments were recorded: None.

5c. Public Hearing: Ordinance 00-12, Lighting Standards – Ms. Bobber explained that the proposed amendments to the lighting standards are to add specific light levels within and at the perimeter of properties since the current lighting standards give no guidance in this issue. She added that the amendments also require an exterior lighting plan to be submitted with each site plan and/or subdivision plan and specifies the information that is required for review.

The following comments were recorded: None.

5d. Public Hearing: Ordinance 00-13, Permitted Signs – Ms. Bobber explained that the proposed amendments to Zoning Ordinance Section 9-4022.5, Permitted Signs, adds language to state when a permit is or is not required and to specify which signs are permitted within the TN and VBD Zoning Districts as well as additional signage permitted within the O&I district.

The following comments were recorded: None.

5e. Public Hearing: Ordinance 00-14, Non-Residential Districts – Ms. Bobber explained that the proposed changes to this section are to ensure that all requirements of the Subdivision Regulations are adhered to for all non-residential districts, not just C-1 zoned property. The Zoning Ordinance currently only has performance criteria (design compatibility, architectural guidelines, building material guidelines, master signage plans, etc.) for the C-1 Commercial District. As proposed, these requirements will be required for all non-residential property including O&I and I-1.

The following comments were recorded: None.

5f. Public Hearing: Ordinance 00-15, Zoning Permits – Ms. Bobber explained that the proposed changes to this section are as follows:

9-4042 Zoning Permit

9-4042.1 Add O&I and I-1 to the requirements, not just C-1 as specified in paragraph 2;

9-4042.3 is required of ALL applications. Move from this section and place this list at the top of the requirements in 9-4042.2 (this will combine the two sections and eliminate 9-4042.3)

The following comments were recorded: None.

5g. Public Hearing: Ordinance 00-16, Code Enforcement -- Ms. Bobber explained that the proposed changes to this section would increase staff’s effectiveness in code enforcement. Currently the Zoning Ordinance only has a $50/day fine with no other means to correct violations or receive recovery of fines. This amendment would allow staff to withhold issuing any permit, certificate of occupancy, or preliminary plan or final plat approvals anywhere within the Town’s jurisdiction for the person or company who is in violation until the violation is corrected or the fines paid, she said.

The following comments were recorded: None.

There being no comments, the public hearing on the preceding six topics was closed.

5h., i., and j. Public Hearings: Ordinances 00-17, -18 and –19 – Mrs. Sudano explained that these three ordinances proposals have been drafted to address the issues listed on the agenda, and the public hearings were advertised to take place on Sept 19; however, with several urgent engineering issues arising during the week (diesel spill, boil water), the engineering department requested that the public hearings be opened and then continued so that close attention could be given to the final drafts before action is considered.

She outlined some of the proposed changes to the ordinance amendments that address and amend Subdivision Regulations, and the public streets, public works and public utilities sections of the Town Code. She said most of the changes being proposed are to clarify language and the Town’s authority. Some of the changes remove from the Town Code text of design standards or fee schedules and, instead, references separate documents that are on file in the Town Clerk’s office or other Town department.

With that explanation completed, Mayor Holleman opened the public hearings. No comments were offered on the draft ordinances, and the public hearings were continued to Oct. 17.

5k. Public Hearing: Special Use Permit 00-SUP-05, Eckerd Drug Co. – Ms. Bobber explained that the purpose of this public hearing is to accept sworn testimony that the application does or does not meet the six general conditions for a Special Use Permit. Ms. Bobber explained that staff and the Planning Board have reviewed the application and will recommend approval of the permit, with the attachment of several conditions.

Ms. Bobber gave an overview of the application and site plan. She explained that the proposed Preliminary Plan and associated Special Use Permit is to allow for the development of an Eckerds and office/retail building on the southwest corner of New Hill Road and NC 55. The applicants have received a series of six variances from the Board of Adjustment for this site, she added. The proposed project is located on the northern edge of the Village Activity Center and is zoned VBD- Village Business District and VBDSUD- Village Business District Special Use District. This corner property will serve as the focal point and entrance to the anticipated “traditional downtown” as envisioned in the Comprehensive Growth Plan. The proposed site plan includes all of the required accessory structures as specified for the VBD and the buildings have been designed to meet the design guidelines for the district as well, she said.

Ms. Bobber added that the site would serve as the transition between the C-1 Commercial District properties to the north and the VBD and TC-Town Center zoned properties to the south.

Since the Planning Board meeting, Ms. Bobber said, staff has reviewed the recommendation of the Planning Board and has added additional language to clarify the proposed Condition #9; added Condition #14 to ensure that the items as listed on the staff and Planning Board report addendum are incorporated in the construction drawings; added Condition #15 to solidify this offer/agreement from the developer; and added #16 to tie this plan to the closing of the Alford Street right-of-way.

The final recommended conditions for approval are as follows:

1. Details on the construction materials for the Eckerd’s dumpster enclosures is submitted.

2. Provide details on the dumpster location/screening for the proposed office building if a dumpster is proposed.

3. The material of the lower portion of the Eckerd’s building is to be changed from stucco to brick.

4. The color of the shutters is to blend with the materials of the building—not be “Eckerd Blue”.

5. A detailed signage package that conforms to the VBD-Village Business District requirements be submitted to staff for review and approval.

6. The modification of the access easement as noted in latest set of Engineering's comments.

7. The entrance on New Hill Road is to be designated as right-in/right-out.

8. One handicapped parking space is to be removed from the northeast corner of the parking row and the area is to be added to enlarge the landscape island.

9. The parking area in the southeast corner is to be reversed/or flipped so as to create a third lane and eliminate the loop as currently proposed, subject to the review and approval by staff.

10. The materials of the dumpster enclosure are to match the building, preferably brick.

11. The sidewalk along New Hill Road is to be straightened instead of meandering as indicated on the plan.

12. The shutters can be either arched or squared off.

13. The architect is to work with staff on the design of the secondary building to “break-up” the roof line.

14. Add all conditions of approval for construction drawings as noted in the Staff Report Addendum.

15. The developer has agreed to construct a downtown identification monument/sign at this intersection in conjunction with staff, who will review the design. The gas regulator will be relocated by the developer behind the sign and associated vegetation.

16. The developer will be required to submit a plat for recordation of abandonment of right-of-way at submittal of construction drawings. Staff recommends that the Town Board wait to approve the Order to Close a Portion of Alford Street until after construction drawing approval. The limits of right-of-way abandonment shall be determined by staff.

With that explanation completed, Mayor Holleman opened the public hearing to accept sworn testimony that the application does or does not meet the six general conditions as specified in the Town Code.

No testimony was offered; however, the applicant, under oath administered by the Town Clerk prior to the meeting, requested that the special use permit application and related site plan be submitted into the record as evidence that the application meets the six general conditions set out by Town Code. Don Mizelle Jr. submitted the documents.

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

5l. Public Hearing: Finisterra – Ms. Bobber explained that the petitioner has requested an R-10 zoning classification for 750 acres. The public hearing is being readvertised for Oct. 3; however, mailed notices were sent to neighboring property owners for a Sept. 19 public hearing. This public hearing was added to the agenda in order to allow anyone present to speak on the issue to do so.

With that explanation completed, Mayor Holleman opened the public hearing. There were no comments for or against the petition, and the public hearing was closed.

6a. 00-SUP-05 – In accordance with Part 9, Chapter 4050.1 of the Holly Springs Town Code, the Town Board made the following findings of fact:

(1) That all Specific Conditions have been or will be satisfied. There are no specific conditions assigned to this use.

(2) 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.

Commissioner Dickson mentioned that he would rather see the right-in/right-out omitted from the list of conditions recommended by the Planning Board. Members of the Board concurred.

(3) 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.

The Board found that the application meets this condition.

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

The Board found that the application meets this condition.

(5) 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.

The Board found that the application meets this condition.

(6) 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.

The Board found that the application meets this condition.

Action: The Town Board approved a motion that the findings of fact summarized are accepted by the Board and that the Special Use Permit should be issued, pursuant to all of the recommended conditions of the Planning Board and staff with the exception of the right-in/right-out entrance on New Hill Road. Having determined that sufficient evidence was presented that the application would meet the six general conditions as specified in the Town Code, the Town Board granted 00-SUP-05 and approved the preliminary plan (00-COM-12) for Eckerd Drug Co. as recommended by the Planning Board and staff with the following attached conditions:

1. Details on the construction materials for the Eckerd’s dumpster enclosures is submitted.

2. Provide details on the dumpster location/screening for the proposed office building if a dumpster is proposed.

3. The material of the lower portion of the Eckerd’s building is to be changed from stucco to brick.

4. The color of the shutters is to blend with the materials of the building—not be “Eckerd Blue”.

5. A detailed signage package that conforms to the VBD-Village Business District requirements be submitted to staff for review and approval.

6. The modification of the access easement as noted in latest set of Engineering's comments.

7. One handicapped parking space is to be removed from the northeast corner of the parking row and the area is to be added to enlarge the landscape island.

8. The parking area in the southeast corner is to be reversed/or flipped so as to create a third lane and eliminate the loop as currently proposed, subject to the review and approval by staff.

9. The materials of the dumpster enclosure are to match the building, preferably brick.

10. The sidewalk along New Hill Road is to be straightened instead of meandering as indicated on the plan.

11. The shutters can be either arched or squared off.

12. The architect is to work with staff on the design of the secondary building to “break-up” the roof line.

13. Add all conditions of approval for construction drawings as noted in the Staff Report Addendum.

14. The developer has agreed to construct a downtown identification monument/sign at this intersection in conjunction with staff, who will review the design. The gas regulator will be relocated by the developer behind the sign and associated vegetation.

15. The developer will be required to submit a plat for recordation of abandonment of right-of-way at submittal of construction drawings. Staff recommends that the Town Board wait to approve the Order to Close a Portion of Alford Street until after construction drawing approval. The limits of right-of-way abandonment shall be determined by staff.

Motion By: Dickson

Second By: Sack

Vote: Unanimous.

A copy of 00-SUP-05 and its related site plan are incorporated into these minutes as addendum pages.

6b. Ordinance 00-11 amending Landscape Guidelines – The Town Board adopted Ordinance 00-11 following a motion by Commissioner Sack, a second by Commissioner Schifano and a unanimous vote. A copy of Ordinance 00-11 is incorporated into these minutes as addendum pages.

6c. Ordinance 00-12 amending Lighting Standards – The Town Board adopted Ordinance 00-12 following a motion by Commissioner Womble, a second by Commissioner Atwell and a unanimous vote. A copy of Ordinance 00-12 is incorporated into these minutes as addendum pages..

6d. Ordinance 00-13 amending Permitted Signs -- The Town Board adopted Ordinance 00-13 following a motion by Commissioner Schifano, a second by Commissioner Womble and a unanimous vote. A copy of Ordinance 00-13 is incorporated into these minutes as addendum pages.

6e. Ordinance 00-14 amending Non-Residential District references -- The Town Board adopted Ordinance 00-14 following a motion by Commissioner Dickson, a second by Commissioner Atwell and a unanimous vote. A copy of Ordinance 00-14 is incorporated into these minutes as addendum pages..

6f. Ordinance 00-15 amending Zoning Permits regulations -- .The Town Board adopted Ordinance 00-15 following a motion by Commissioner Dickson, a second by Commissioner Sack and a unanimous vote. A copy of Ordinance 00-15 is incorporated into these minutes as addendum pages.

6g. Ordinance 00-16 addressing Code Enforcement -- The Town Board adopted Ordinance 00-16 following a motion by Commissioner Womble, a second by Commissioner Dickson and a unanimous vote. A copy of Ordinance 00-16 is incorporated into these minutes as addendum pages..

6h. Parks and Recreation Advisory Committee – The Town Board appointed Commissioner Dickson to serve as an ex-officio member of the Holly Springs Parks and Recreation Advisory Committee. The appointment was made by consensus.

7a. Staff Communication – Mr. Tillage and Mrs. Sudano briefed the Board on the recent boil water advisory imposed by the State. Full reports of the event are on file in the Town Clerk’s office and are herein incorporated into these minutes by reference.

Commissioner Schifano said he felt that the Town should investigate ways of eliminating the need for boil water notices, whether it means changes in work procedures or purchase of equipment. He pointed out the expense and overtime that was expended over the period of the warning should, of course, be avoided.

Suggested means included building the Town its own water testing laboratory so that conditions are more under local control; sending out duplicate samples to separate private labs; and testing alongside the City of Raleigh.

Mayor Holleman recommended that the Town pursue building its own water testing lab.

Commissioner Sack suggested that the Town draft a standard operating procedure for cases such as this, including a list of the Town’s major water users and those especially sensitive to water quality.

No action taken.

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

8a. Planning Appointments – Town Planner Kyle Garner was appointed deputy plan review officer and deputy subdivision administrator.

8b., c., and d., Defer Actions – Action was deferred on the following topics, which remain on the table: The Omni Industrial Park rezoning request; the Cox rezoning on Avent Ferry Road; and the closing of a portion of Alford Street.

8e. Minutes – Minutes of the Board’s regular meeting from Sept. 5 and from the quorum that was present Thursday evening, Sept. 14, 2000, were approved.

9. Public Comment – At this time, the Board opened the floor to those in the public who wished to address the Board on any variety of topics not listed on the agenda. The following comments were offered:

Glenn Myrto, 408 W. Ballentine St. – Commended Town staff on the handling of the water crisis.

Then, as a planning board member, he asked that the Board members ask questions of planning board members prior to the meeting discussions if they have questions about recommendations. He suggested this could be done either formally or informally, but he felt the Town Board would find value in asking questions of the Planning Board prior to accepting or not accepting its recommendations.

Commissioner Schifano commented that both the Planning Board and Board of Adjustment does a thorough job.

No action taken.

10. Other Business:

10a. Town Manager -- Mr. Self commended staff for pulling together as a team to handle the water quality event. No action taken.

10b. Chief of Public Safety -- Chief Parker announced that a flashing light will soon be installed to call motorists’ attention to the school zone on Holly Springs Road.

10c. Mayor Holleman – Mayor Holleman spoke in support of the upcoming Wake County school bond referendum. He pointed out that a new Holly Springs campus may depend on passage of the bond issue.

At this time, Commissioner Schifano requested that the Town investigate the possibility and feasibility of establishing a local animal control office. Chief Parker asked for the opportunity to explore options and report back to the Town Manager and Town Board.

Commissioner Sack suggested that, in the meantime, the Town request a Wake County sweep of the Holly Springs area targeting stray animals.

No action taken, other than direction to Chief Parker to explore options and provide report back to the Town Board.

11. Continuation – There being no further business for the evening, the Sept. 19, 2000 meeting of the Holly Springs Board of Commissioners was continued to reconvene at 7 p.m. Monday, Oct. 2. The meeting was continued following a motion at 9:10 p.m. by Commissioner Schifano, a second by Commissioner Sack, and a unanimous vote.

Respectfully Submitted on Tuesday, Oct. 3, 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.