Town of Holly Springs
Board of Commissioners Regular Meeting
Tuesday,
Oct. 16, 2001
MINUTES
The Holly Springs Town Board
of Commissioners met in regular session on Tuesday, Oct. 16, 2001 in the Town
Board meeting chambers, located in Town Hall, 128 S. Main St. Mayor Parrish L. Womble presided, calling
the meeting to order at 7:00 p.m. A
quorum was established as the mayor and four board members were present as the
meeting opened, and Commissioner Atwell arrived within one minute.
Board Members Present:
Commissioners Tim Sack, John Schifano, Chet VanFossen, and Hank Dickson
and Mayor Womble.
Board Members Absent: Commissioner Atwell arrived at 7:01 p.m.
Staff Members Present: Carl G. Dean, town manager; Chuck Simmons, assistant
town manager; Ernest C. Pearson, town attorney; Joni Powell, town clerk
(recording the minutes); Linda Harper, deputy town clerk; Gina Bobber, planning
and zoning director, Drew Holland, finance director; Jennifer Carr, director of
economic development; Len Bradley, director of parks and recreation; and
Stephanie Sudano, director of engineering.
2 and 3. The pledge of allegiance was recited, and
the meeting opened with an invocation by Mayor Womble.
4. Agenda
Adjustment – The Oct. 16, 2001
meeting agenda was adopted with changes, if any, as listed below.
Motion
Made By: Sack
Motion
Seconded By: VanFossen
Vote:
Unanimous.
Items
Added to Agenda: None
Consent
Agenda Items Removed: None
Other
Changes: None.
5. Special Presentation – Ms. Bobber announced that November 8 is World
Planning Day, and she reported that Mayor Womble, on behalf of the Town Board,
had declared November 8, 2001 as Town of Holly Springs Planning Day through a
mayoral proclamation.
Mayor Womble read the proclamation to the Board members
and the public.
Action: No action needed for
this item.
6. 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:
6a. Time Warner Cable – An order
establishing an accounting and tolling order in the matter of the review of
FCC-1240, FCC-1205, and FCC-1235
fillings for regulated cable service provide by Time Warner Cable was
adopted. A copy of the tolling order is incorporated into these minutes as
addendum pages.
6b. Budget Amendments, FY 2000-01 – Budget amendments to the prior FY 2000-01 budget
year were adopted to properly align accounts in the General Fund, Utility Fund
and Project Funds. Copies of the amendments are incorporated into these minutes as
addendum pages.
6c. Minutes - Minutes of the Board’s regular meetings held Sept.
18, and Oct. 2, 2001 were approved.
7.
Drainage
Proposal -- Mrs. Sudano stated that recent significant rainfall
events in
the southwestern Wake County
have highlighted some of the problems associated with and common in rapidly
developing areas such as Holly Springs.
Drainage complaints have reached a stage where they are very common and
quite numerous after such events, she said.
Mrs.
Sudano said staff recommends that a consultant specializing in urban drainage
issues be retained to assist the Town with a goal of the following: preventing or “heading off” additional
future complaints (as much as possible); addressing those existing complaints
that are determined to be the Town’s responsibility; providing guidance to
citizens on those that are determined not to be the Town’s responsibility;
developing policies to insure consistent response to citizens with drainage
complaints; and developing updated ordinances and standards for new development
to “head off” future complaints and problems.
Mrs.
Sudano said that the proposal totals $23,500.
She
also pointed out a change in the contract to clarify that the work will be done
in coordination with the completion of the Land Use element of the UDO (and not
in coordination with completion of the UDO itself).
Action: The Board
approved a motion to enter into an agreement for professional services with The
Rose Group, Inc. of Fayetteville in the amount of $23,500, to prepare an urban
drainage study to include:
Motion By: Sack
Second By: Atwell
Vote: Unanimous
A copy of the proposal is incorporated I
into these minutes as addendum pages.
8a. Public
Hearing: Zoning Ordinance Amendment 01-ZOA-05, R-MF (Multi-Family Residential
district) – Ms. Bobber explained
that staff presented a draft of a Multi-Family Residential Zoning District
proposal to the Planning Board at its September 25, 2001 meeting. Ms. Bobber reported the Planning Board
deferred action on the proposed ordinance amendment; therefore, the public
hearing should be opened and continued until Nov. 6, 2001.
With
that explanation completed, Mayor Womble opened the public hearing to accept
public comments.
There
were no comments, and the public hearing was continued to resume on Nov. 6.
8b. Public
Hearing: Cross Pointe Village Housing
Development Project – Mrs. Carr
stated that this public hearing is part of the town’s close-out procedure for
the grant the town received toward infrastructure improvements to Cross Pointe
Village subdivision. She provided the
Board with highlights of the project that offered homebuyers new homes in an
affordable price range.
With
that explanation completed, Mayor Womble opened the public hearing to accept
public comments.
There
were no comments, and the public hearing was closed.
No action required
nor taken.
8c. Public
Hearing: Zoning Ordinance Amendment,
01-ZOA-04 – Ms. Bobber said over the
past year, both the Town Board and the Planning Board have expressed concerns
regarding the fact that the Town currently has one "commercial"
zoning district that can be applied Town-wide.
Therefore, staff has prepared a proposed zoning ordinance amendment to
create a new commercial district that will allow for less intense development
than the current C-1 Commercial District.
The
proposed district would be C-2 Light Commercial District. The permitted uses are further restricted
than C-1 and the building size is also restricted in order to prevent “big box”
users. No outdoor operations would be
allowed in this district as they are with a Special Use Permit in the C-1.
Ms.
Bobber stated the proposed district would mirror one of the new districts that
will be created in the upcoming UDO, and adoption of this zoning ordinance
amendment would begin a transition to more opportunities for commercial
development. All existing regulations
for signage master plans and architectural compatibility will still apply to
any new development in this district.
Ms.
Bobber said it is anticipated that this district will be used for future
rezoning requests and that staff is not anticipating initiating any rezonings
to modify existing zoning designations.
This district would be appropriate for most intersections within the NVD
activity nodes on the Comprehensive Growth Plan as well as in other
commercially designated "strip" areas.
Ms.
Bobber stated the Planning Board first reviewed this request at its Aug. 28,
2001 meeting and requested additional information from the Economic Development
Department prior to acting on the proposal.
At its meeting on Sept. 25, 2001, Ms. Carr supported the proposal and
the Planning Board also recommended approval.
With
that explanation completed, Mayor Womble opened the public hearing to accept
public comments, and the following comments were offered.
Glenn
Myrto, 408 W. Ballentine Street – Mr. Myrto said he feels an alternative
zoning district is needed, but he is not satisfied with the resulting
draft. He said he felt that a gas
station should not be allowed in a C-2 zone, even with a special use permit; he
said he felt it should be a less-intense zone to be used as a commercial zone
neighboring residential areas; he said he felt that some of the square footage
limits were too large.
There
being no further public comments, the public hearing was closed.
Commissioner Atwell said he had been expecting a
less-intense commercial zoning district in C-2 than was being proposed, pointing
out that bed and breakfast inns and museums were not allowed in the district,
but a gas station would be with a special use permit. He asked for examples of
the square footage limits noted in the proposal.
Ms.
Bobber explained that the C-2 zone was being proposed for the Neighborhood
Village District nodes and C-1 would be for Community Activity Centers.
Commissioner
Atwell said he envisioned a much softer zoning category for C-2. He suggested that a C-3 zone also be
created.
After must discussion, commissioners agreed that the
proposal should be amended to remove gas stations from the C-2 and C-2 SUD uses
and to add bed and breakfast inns, museums and art galleries as permitted
uses. Some commissioners also felt that
the square footage limits should be decreased.
Action #1: The Board made a motion to approve Zoning Ordinance Amendment
01-ZOA-04 with the following changes:
to remove gasoline stations from the C-2 and C-2 SUD uses and to add bed
and breakfast inns, museums and art galleries as permitted uses. The motion did not pass
Motion By: Sack
Second By: VanFossen
Vote:
Motion failed, 3-2.
Commissioners VanFossen and Sack voted for. Commissioners Schifano, Atwell and Dickson voted against.
Action #2: The Board approved a motion to approve zoning ordinance amendment
01-ZOA-04 to amend Section 9-4031, Establishment and Purposed of Districts and
Section 9-4038 Regulations for Office and Institutional, Commercial and Light
Industrial District to create a new C-2, Light Commercial District and C-2 SUD,
Light Commercial Special Use District with the following 3 changes:
Remove
gasoline stations as a use in the C-2 or C-2 SUD zones;
Allow
bed and breakfast inns, libraries, museums, and art galleries;
Limit
shopping centers to a maximum of 60,000 square feet.
Motion By: Schifano
Second By: Atwell
Vote:
Unanimous
8d. Public Hearing: Rezoning Petition, 01-REZ-09 – Ms. Bobber said Rezoning Petition 01-REZ-09 is initiated by the Town
to assign Holly Springs zoning districts to 11 parcels within the Fair Share
Annexation Area, which will become part of the Town, effective Oct. 17, but
which are currently outside of the Town’s jurisdiction. The petition requests that three parcels
(approximately 8.84 acres) along Sunset Lake Road be zoned R-20: Residential/
Agricultural District and eight parcels (approximately 75.4 acres) at the
intersection of Kildaire Farm Road and Holly Springs Road be zoned C-1:
Commercial District.
With
that explanation completed, Mayor Womble opened the public hearing to accept
public comments.
Pat
Johnson, 2601 Sweetgum Drive, Apex – Mrs. Johnson explained that she owns
one of the subject tracts and believes that if her property is rezoned to
commercial as proposed, the value of her property would result in a dramatically
higher tax bill.
She
agreed that a commercial zoning was appropriate for the property, but she asked
that the Town set an effective date of after Jan. 1, 2002 so that she would
have a year to market the property, which is for sale, and not have to pay the
higher tax bill.
Don
Morris, 103 Spring Street – Mr. Morris received a notice and asked if
someone could show him what property is being rezoned and what effect it would
have on his property. It was indicated
to Mr. Morris that there would be no effect on his property.
There
being no further public comments, the public hearing was closed.
There were further discussion regarding the
Residential-20 zoning district verses Residential-10 zoning district. Ms. Bobber stated that all the three (3) lots
conform to Residential-20 zoning districts at this time. All the other lots identified in the Fair
Share annexation area are currently zoned Residential-20 zoning district. There were further discussion regarding the
mobile home park.
Action #1: The Board
approved a motion to approve the rezoning petition 01-REZ-09 to set the zoning
of 8.84 acres from Wake County R-30 to Holly Springs R-20;
Residential/Agricultural District.
Motion By: Sack
Vote: Unanimous
Action #2: The Board approved a motion to approve the
rezoning petition 01-REZ-09 to set the zoning of 75.4 acres located at the
intersection of Kildaire Farm Road and Holly Springs Road, from Wake County
R-30 to Holly Springs C-1: Commercial District, the 75.4 acres, zoning to be
effective January 15, 2002.
Motion By: Sack
Second By: Atwell
Vote: Unanimous
8e. Pubic
Hearing: 01-SUP-09, Hanson Aggregate
Southeast – Ms. Bobber explained
that the applicant is requesting a Special Use Permit 01-SUP-09 and Zoning
Permit 01-ZPF-10 for construction of a maintenance/shop building. Ms. Bobber said the Planning Board reviewed
the application on Sept. 25, 2001 and recommends approval with conditions.
Ms.
Bobber explained the request would increase the number of approved buildings on
the site from three to four. The
amendment also will altar an original special condition, in regard to access
and haul routes. Ms. Bobber added that
two of the conditions of the original approved special use permit – dealing
with open space and entrance improvements – have not been provided; however,
she said, both have been carried over in the recommendation for approval with
conditions.
Ms. Bobber explained that the purpose of the
public hearing is to receive sworn testimony and evidence the application does
or does not satisfy the general and specific conditions required by Town Code.
Ms.
Bobber said the applicant is committed to constructing a park based on the
special conditions of the 1989 approval which stated: “A park area consisting
of a minimum of 2 acres, for use by the residents of the Town of Holly Springs
and which shall include, but not be limited to, picnic area, off street
parking, and one or more playing fields shall be constructed. The applicant would not be responsible for
continued maintenance once the park is constructed.” However, staff is strongly recommending a fee-in-lieu for the
park described in the original SUP, with today’s costs as estimated by a
registered landscape architect.
In
a supplemental exhange of letters between the Town Manager and Hanson
Aggregates, it was agreed – subject to the Board’s approval -- that a
fee-in-lieu of parks construction or land dedication in the amount of $25,000
would be appropriate, although “today’s costs” would be significantly higher. According to the memo, the $25,000 would be
put toward improvements at the Bass Lake Park.
It was discussed in the memo how a park at the site would not serve the
public very well and that the quarry site did not impact the Town’s park system
enough to justify the “today’s costs” figure of $138,000. Ms. Bobber stated that the proposed special
use and zoning permit has been reviewed by staff and planning board at their
September 25, meeting and their recommending approval with the following
conditions: 1. The front entrances at Rex Road and Cass
Holt Road shall be improved by paving the drives and providing decorative gates
and signage as shown in the photographs provided.
2. A
fee-in-lieu of $25,000 will be required instead of the construction of the park
described in the original SUP.
3. The previously agreed upon
road upgrade must be completed, which involves plans to widen 2 feet on either
side and strengthen Cass Holt Road (SR 1116) from the proposed entrance on Cass
Holt to Buckhorn-Duncan Road (SR1119) to Duncan-Cooke Road (SR1123), a distance
of 1.4 miles at a cost of $234,000.
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4. All conditions of approval must
be completed within 6 months from the date of the Town Board approval. If the conditions have not been completed
within the allotted time the Town may revoke the Special Use Permit.
Mr.
Carl Dean explained that the correspondence with Len Bradley, Parks and
Recreation Director and with Hanson Aggregates that the original plan was to
located a park with a picnic table at that location as the town has developed
he seems to think that’s not the direction the Town needs to go. The payment was agreed the amount of
$25,000.00 payment-in-lieu and would the funds toward the Bass Lake project. That was the Town’s recommendation. There were further discussion regarding the
design of the Bass Lake project.
With
that explanation completed, Mayor Womble opened the public hearing to accept
sworn testimony. The following
witnesses, under oath administered by the town clerk, testified:
Wayne Phears, representative of Hanson Aggregates
– Mr. Phears submitted the application, supporting documentation, site plan,
the town’s recommendation and associated letters between the company and the
Town of Holly Springs into the sworn record.
A copy of these
materials are incorporated into these minutes as addendum pages.
Mr. Phears explained that this application is
technicality asking for permission to amend the original special use permit
granted in 1989 to allow the placement of a workshop on the quarry site. He pointed out that road improvements of the
original permit were redirected to SR 1127 when the Hwy 55 Bypass construction
did not begin when anticipated.
Mr. Phears explained the original plans in that area were
to be developed differently than what currently exist which currently produces
less truck traffic.
Mr. Phears also explained the future road improvements
that are planned in that area. He testified that quarry traffic would not
impact traffic or roadways in Holly Springs.
There being no further witnesses to testify, the public
hearing was closed.
The
Board set about making their findings of fact on the application and site plan.
or will be satisfied. (There are four specific conditions specified in
the Town Code for this type of application.) Any Manufacturing, Processing, Warehousing, Transportation Use, or
Public Use Utility which involves outdoor storage, services, operations, emits
or will emit smoke, odor, dust, fumes, glare, noise or vibration from the
building in which it is located, or involves storage of combustible materials,
or is among the uses listed as exceptions to permitted uses.
neighboring property and the Holly Springs area and shall deny the
permit if an adverse effect would be created.
There was
discussion of whether or not the quarry has had any negative impacts. The Board agreed it has not heard reports of
any adverse effects on property owners in the Town of Holly Springs. The Board also noted that the application
states that traffic into and out of the quarry is confined to roadways that
direct traffic away from Town.
The Board found that that application satisfies this
condition.
of the use from view of streets and neighboring property.
The site
plan shows sufficient buffering to screen the outdoor use or portion of the
use from the view of streets and
neighboring property, and the Board found the application satisfies this
condition.
at all times so as not to harbor mosquitoes, vermin or otherwise be a
menace to public health and safety.
The Board
found that the application satisfies this condition.
and where applicable, the Wake County Health Department shall have an
opportunity to review the application.
The applicant shall provide all needed information to enable the
appropriate officials to determine the safety of the operations and any storage
measures.
The Board
found that the application satisfies this condition.
Action #1: The Board
approved a motion that the application and associated site
plan satisfy the specific conditions that apply, and that the findings
are accepted by the Board.
Motion By: Schifano
Second By: Sack
Vote: Unanimous
General Conditions Continued:
B. Access roads or entrance and exit drives
are or will be sufficient in size and properly located to ensure automotive and
pedestrian safety and convenience, traffic flow and control and access in case
of fire or other emergency.
C. Off-street
parking, loading, refuse, and other service areas are located so as to be safe,
convenient, allow for access in case of emergency, and to minimize economic,
glare, odor, and other impacts on adjoining properties and properties in the
general neighborhood.
D. Utilities, schools, fire, police and other necessary
public and private facilities
and services will be adequate to handle the proposed use.
E. 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. 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.
Action #2: The Board approved a motion that the application and
associated site plan satisfy the general conditions and that the findings are
accepted by the Board.
Motion
By: Schifano
Second By: VanFossen
Vote: Unanimous
Action
#3: After making the findings of facts the Board approved a motion to
approve Special Use Permit Application 01-SUP-09 and Zoning Permit 01-ZPF-10
for Hanson Aggregates, as submitted by Ray Crouse, Applicant Project titled:
Hanson Aggregates East, dated 08/29/01 with the following conditions:
1. The front entrances at Rex
Road and Cass Holt Road shall be improved by paving the drives and providing
decorative gates and signage as shown in the photographs provided.
2. A fee-in-lieu of $25,000 will
be required instead of the construction of the park described in the original
SUP.
3. The previously agreed upon road
upgrade must be completed, which involves plans to widen 2 feet on either side
and strengthen Cass Holt Road (SR 1116) from the proposed entrance on Cass Holt
to Buckhorn-Duncan Road (SR1119) to Duncan-Cooke Road (SR1123), a distance of
1.4 miles at a cost of $234,000.
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4. All conditions of approval must
be completed within 6 months from the date of the Town Board approval. If the conditions have not been completed
within the allotted time the Town may revoke the Special Use Permit.
Motion By: Schifano
Second By: Atwell
Vote:
unanimous
8f. Appeal
Hearing: Oak Hall Subdivision, Phase 8,
Soil & Erosion Control Violation – Mrs. Sudano stated under the provisions of
the Town’s Sedimentation and Erosion Control Ordinance, appeals regarding civil
penalty enforcement actions are made to the Town Board. The Town recently levied a one time civil
penalty in the amount of $2,500 against the owner of the Oak Hall Subdivision,
Phase 8, JLG Corporation, for installation of two 48” storm drainage pipes and
associated sedimentation measures for which a plan had not been submitted nor
approved by the Town.
Mrs.
Sudano explained the person who requested the hearing was not in
attendance. She suggested that the
hearing be opened and then continued at the next Town Board meeting to give the
owner a chance to be heard.
The Board continued the public hearing until Nov. 6 and
requested that town staff send the owner a notice by certified letter.
9. Public Comment – At this time, an opportunity was provided for
members of the audience to address the Board on any variety of topics not
listed on the night’s agenda. The
following comments were offered: None.
10. Other
Business – Commissioner Dickson said
he felt Town staff should provide
local newspapers and television stations with regular
press releases, especially those of a positive nature. Mr. Dean said staff will be instructed to do
this.
11. Manager’s
Reports – None
At this time, the Board agreed to recess for a few
moments before entering into Closed Session.
12. Closed Session – The Board to entered Closed Session, pursuant to G.S.
143-318.11 to hold consultation with counsel and G.S. 143-318.11 to discuss the
Wake County vs. Holly Springs matter.
After
discussion with the Town Attorney, the Board directed him to proceed with
formulating a proposed franchise ordinance amendment with BFI containing
additional considerations for the Town in exchange for agreeing to the
company’s request to remain in operation through December 2004, rather than
December 2002.
The
Town Attorney reported as to the status of the Wake County vs. Holly Springs
matter.
-- End
General Account
13. Adjournment – There being
no further business for the evening, the Oct. 16, 2001 meeting of the Holly
Springs Board of Commissioners was adjourned following a motion by Commissioner
Schifano, a second by Commissioner Atwell and a unanimous vote.
Respectfully Submitted on Tuesday, Nov. 20, 2001,
___________________________
Linda Harper, Deputy Town Clerk
Addendum
pages as referenced in these minutes follow and are a part of the official
record.