Town
of Holly Springs
Board
of Commissioners Regular Meeting
Tuesday, Oct. 2, 2001
MINUTES
The
Holly Springs Town Board of Commissioners met in regular session on Tuesday,
Oct. 2, 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 7:06 p.m. A quorum was established as the mayor and four board members were
present as the meeting opened.
Board Members
Present: Commissioners Tim Sack, John Schifano, Chet
VanFossen, and Hank Dickson and Mayor Womble.
Board
Members Absent: Commissioner Atwell arrived at 7:07 p.m.
Staff Members
Present:
Carl G. Dean, 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, Cecil Parker, chief of public safety; Drew
Holland, finance director; Stephanie Sudano, director of engineering; and Len
Bradley, director of parks and recreation.
2 and 3. The pledge of allegiance was recited, and
the meeting opened with an invocation by Mayor Womble.
4a. Public Hearing: Annexation A01-05, Thomas W.
Prince, Jr. and Sue C. Prince – Ms. Bobber explained that the town
has received a petition for voluntary annexation of 57.75 acres of land located
near the intersection of Avent Ferry Road and Piney Grove-Wilbon Road. The subject property is the proposed site
of Autumn Park Planned Unit Development.
The petition meets all the statutory requirements for annexation. A development plan for this property was
held by the Planning Board for further discussion at its Oct. 23 meeting;
therefore, no action will be requested on the annexation of this property until
the first meeting in November along with a related request for rezoning and the
PUD application, she said.
With that explanation completed,
Mayor Womble opened the public hearing.
There were no comments for or against the petition, and the public
hearing was closed.
4b. Public Hearing: 01-SUP-08, Retirement Center
for Ruby and Xavier Artis – Ms. Bobber explained that the applicant
is requesting a Special Use Permit and zoning permit to allow for the
construction of an 8-unit apartment building for the elderly on the owner's
property on Crittenden Lane.
The development would be constructed
on 0.74 acres of a 2.01-acre tract of land.
A minor subdivision of the existing tract would be required since no
more than one principal building or use may be erected on a single lot of
record in the R-10 Special Use District.
This subdivision would be an administrative approval -- subject to the
approval of the Special Use Permit and zoning permit -- since there will be no
additional dedication of right-of-way or extension of utilities and easements
required for the subdivision, she said.
The applicant must meet all the general and specific conditions
related to the special use permit. Ms.
Bobber advised the Board that the applicant has responded to all conditions in
writing and has submitted all required plans.
Ms. Bobber added that a zoning permit
request has been filed in conjunction with the special use permit since the
same plans are required for the zoning permit as are for the special use
permit. She added that staff has worked
with the applicant through this process and recommends approval with attached
conditions. The planning board has
reviewed both requests and recommends approval with attached conditions. Ms. Bobber advised the Town Board that, upon
making the findings of fact regarding the special use permit, action can be made
on both applications simultaneously.
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.
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:
Mr. Xavier Artis, 3513 Crittenden
Lane – Mr. Artis submitted his application and supporting documents into
the sworn record.
Mr. Vernon Hershburg, 5821 Holly
Springs Road – Mr. Hershburg submitted the application and supporting
documents into the sworn record as well as engineer for the project.
There being no further witnesses to
testify, the public hearing was closed.
5. Agenda Adjustment – Oct. 2,
2001 meeting agenda was adopted with changes, if any, as listed below.
Motion Made By: Sack
Motion Seconded By: Dickson
Vote: Unanimous.
Items Added to Agenda: Consideration of a professional
services proposal with the Jennings Company for economic development services
to prepare and market the Town for bio-tech industries was added under New
Business as Item 7d.
Consent Agenda Items Removed: None
Other Changes: None.
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. Wescott Subdivision Recreation Center.01-ZPF-08 – The Board approved
zoning permit 01-ZPF-08 for Wescott Recreation Area, as submitted by Jerry
Turner & Associates, File No. 528/ Job No. 2789, stamped received by the
Planning and Zoning Department on 9/10/01 pending satisfaction of the following
six (6) conditions/comments:
1. The temporary sales office shall be built
according to the design standards specified in the ordinance for sales
trailers. The trailer shall be
permissible for a period of one year beginning at the time of occupancy, and
shall be required to be renewed for additional one-year periods, but shall not
exceed four years.
2. A building permit will not be issued for Lot
19 until the lot is recorded and the temporary sales office is removed.
3. Within 30 days of removal of the temporary
sales office a 10-foot opaque buffer will be installed between the recreation
lot and Lot 19.
4. A Certificate of Occupancy will not be
approved for Lot 19 until the Department of Planning & Zoning has approved
the required opaque buffer.
5. Construction drawing approval required
before construction may begin.
6. Parks and Recreation Department - The
developer has agreed to reserve space for greenway easement on the existing
CP&L right-of-way. This area is not
recommended for dedication at this time.
Staff recommends approval as presented.
6b. Gateway
Planning Services Contract – The Board authorized the town manager to enter into a
contract in the amount of $4,850 with Elam, Todd, d’Ambrosi Professional
Services for gateway planning in Holly Springs. A copy of the contract is
incorporated into these minutes as addendum pages.
6c. Town of Holly Springs Personnel Policy – The Board approved
updates to the Town of Holly Springs Personnel Policy. A copy of the latest version of
the Town of Holly Springs Personnel Policy is maintained in the office
of the Human Resources Director, but is not made a part of these minutes as it
is subject to amendment from time to time.
6d. Budget Amendment, FY 2000-01 – A budget amendment to the
prior FY 2000-01 budget in the amount of $112,000 was adopted to correct the
original budget ordinance. A copy of the
amendment is incorporated into these minutes as an addendum page.
6e. Traffic
Control Services – The Board approved a request to authorize the Department
of Public Safety to establish a program for non-sworn officers to provide
traffic control services for school traffic as needed and for other events as
available. Four non-sworn individuals will work approximately two hours
in the morning and two hours in the afternoon to assist sworn officers in
traffic control duties. These individuals will also be used for other town
events.
A copy of the
Non-sworn Traffic Control Officer Program is maintained in the Department of
Public Safety office.
6f. Minutes - Minutes of
the Board’s regular meeting held Sept. 4, 2001 were approved.
7a. Special Use Permit Application 01-SUP-08;
Retirement Center for Ruby and Xavier Artis
– Ms. Bobber explained that the Planning Board
and staff have reviewed the application and related site plan and recommend
approval of both with two attached conditions:
1) Prior to construction drawing
approval, a minor subdivision to create a separate lot of record for this facility
will need to be prepared and recorded and 2)
a lighting plan is to be submitted with
first construction drawings.
The Board set
about making their findings of fact on the application and site plan.
A. That all applicable specific conditions
pertaining to the proposed use have been or will be satisfied. According to Part 9, Chapter 4050.3 of the
Holly Springs Town Code, there are seven (7) Specific Conditions for
Multi-Family Complexes.
(1) Density: Maximum density shall be 10 units per acre
developed on not less than 20,000 square foot tracts.
(2) Building separations and height
restrictions: Where more than one
building is to be located on the site, building separation shall be determined
as follows:
The minimum horizontal distance between
the vertical projections of any points on two adjacent buildings shall be
determined according to the following table.
The vertical projections for each building shall be drawn from that
point on each building which is horizontally closest to the other building.
Height of Taller Building Minimum Horizontal Distance
Between Vertical Projections
20 feet or less 16
feet
20.1 feet – 25.0 feet 25
feet
25.1 feet – 30.0 feet 30
feet
30.1 feet – 35.0 feet 40
feet
(3) Distance related to windows: The minimum distance between the
centers of facing windows of different dwelling units shall be 20 feet.
(4) Perimeter Setback: A yard of at least 30 feet shall be
provided around the entire perimeter of the site, with the exception of
driveways and shall include one row buffer (semi-opaque buffer) which shall be
constructed and maintained in accordance with the revisions of Section
9-4017. Parking spaces and accessory
buildings shall not be permitted in the required setback area.
(5) Access for emergency and other
vehicles: Access for
emergency vehicles to all parts of the complex and to each dwelling unit shall
be provided.
(6) Accessory Buildings: Accessory Buildings and uses for
multi-family dwellings shall not be placed in the 30 foot yard around the
perimeter of the site.
(7) Other permitted on-site uses: The Holly Springs Board of
Commissioners may approve the inclusion of leasing offices, coin operated
laundry facilities, swimming pool snack bars, and similar other services for
residents of the complex only, and will not attract outside traffic to the
site.
Action
#1: The Board approved a motion that the
application and associated site plan satisfy the seven Specific Conditions and
are accepted by the Board as findings.
Motion By:
Schifano
Second By:
Sack
Vote: Unanimous
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.
Commissioner Dickson asked if the north
elevation could be adjusted so that more windows are present.
Ms. Bobber submitted a copy of the
floor plan into the record for review.
Mr. Artis said he
could add windows on that side to provide a balance to the exterior appearance
of the building.
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 The Board approved a motion that the
application and associated site plan satisfy the six General Conditions and are
accepted by the Board as findings.
Motion
By: VanFossen
Second
By: Sack
Vote: Unanimous
Action: Having determined that sufficient evidence
was presented that the application would meet the six general conditions and
seven specific conditions as specified in the Town Code, the Town Board
approved a motion to accept the findings of fact as summarized and grant
01-SUP-08 and approve the zoning permit (01-ZPF-09) for the Ruby and Xavier
Artis Retirement Center as recommended by the Planning Board and staff with the
following two (2) attached conditions:
1. prior to construction drawing approval, a
minor subdivision to create a separate lot of record for this facility will
need to be prepared and recorded.
2.
the lighting plan is to be submitted with first construction
drawings.
3.
A window(s) be added to the north elevation of the building
in order to balance the
appearance of
the building’s exterior.
Motion
By: Sack
Second
By: Atwell
Vote: Unanimous
Special Use
Permit Application 01-SUP-08 and its related site plan were submitted into the
record and are incorporated into these minutes as addendum pages.
7b. Holly Glen East, 01-PUD-01, Planned Unit
Development
– Ms. Bobber explained that the Town Board and the Planning Board had held a joint
public hearing on this subject on Sept. 18.
At its Sept. 25 meeting, the planning board reviewed the application
and, after discussion, approved a motion to recommend approval of the Holly
Glen East PUD with conditions.
Ms.
Bobber said the proposed Holly Glen East PUD contains 59.22 acres and proposes
a density of 3.07 units per acre on approximately 182 lots. The proposed use of the PUD is for
single-family residential only with a minimum lot size of 7,250 square feet and
an average lot size of 9,587 square feet.
Deviations from the development
standards that are requested for the Holly Glen East PUD are from lot dimension
and minimum setbacks. Water and sewer
are available to the site at this time, she added.
In discussion, Commissioner VanFossen
asked if drainage concerns brought up by residents during the public hearing
have been addressed.
Steve Johnson of Covenant Developers
addressed the question. He said some of
the drainage problems experienced by individual homeowners have been
addressed. He said he is working with
the homeowners association to come up with a compromise that would solve the
problems on property owned by the homeowners association.
Action: The Board approved a motion to approve the
Holly Glen East PUD 01-PUD-01 as submitted by Blackburn Consulting Engineering
for Covenant Developers, Project Number J-362(P), dated Aug. 27, 2001 with the
following five (5) conditions as recommended by staff and the planning board:
1.
Note that full subdivision plans will need to be approved by
the Town Board and construction plans will be required prior to any
development.
2.
Note that waterline sizing is required for schematic only at
this time and size may change during construction drawing review.
3.
Revised Plans showing the existing subdivision on all sheets
will be required to be submitted for final stamped Approved PUD plans.
4.
Only the 1.85 acre tract is to be accepted for dedication as
a public park area. A 1.85 acre public
park will provide credit for 65 lots, therefore, the developer will be required
to pay fee-in-lieu-of dedication for 117 lots at a rate of $800/lot for a total
fee of $93,600. Any lots over 182 will
be assessed a fee to be determined by the Town Board upon approval of such
preliminary subdivision plan.
5.
The following items are to be included on construction
drawings (later in the approval process):
·
Fire flow calculations will be required with construction
plan submittal.
·
A drainage study including downstream impacts.
·
A traffic study to determine if additional roadway turn lane
improvements are warranted on Avent Ferry Road
Motion
By: Schifano
Second
By: Atwell
Vote:
Unanimous
7c. Holly Glen East, 01-MAS-07, Phases 1-4 – Ms. Bobber explained that the planning board
reviewed and discussed both the Planned Unit Development and the subdivision
plan on Sept. 25 and approved a motion to recommend approval of the preliminary
plat with conditions, subject to Town Board approval of the Holly Glen East PUD
application. Ms. Bobber added that
approval of the preliminary plan would include all conditions of the PUD plan
approval.
The proposed Holly Glen East PUD
contains 59.22 acres. The subdivision
consists of four phases and would create 182 lots with a minimum lot size of
7,250 square feet, Ms. Bobber said.
Action: The Board approved a motion to approve the
preliminary plat for Holly Glen East Phases 1-4, 01-MAS-07 as submitted by
Blackburn Consulting, applicant, Project Number: J-362(P), stamped received by
the Planning and Zoning Department August 27, 2001 with the following
conditions as recommended by the staff and planning board:
Motion
By: Atwell
Second
By: Dickson
Vote:
Unanimous
7d. Economic
Development
– Mr. Dean reported to the Board that bio-tech parks were a type of industry
the Town would be interested in attracting.
On the suggestion of Ken Atkins of the Wake County Economic Development
program, the Town’s economic development director, Jennifer Carr, contacted a
consultant. The Jennings Company of
Chapel Hill, Mr. Dean said, could help the Town to determine what is needed in
order to attract bio-tech industries during a
12-week process. Cost of the
proposal, Mr. Dean said, is $15,000, which is available in the Town’s Economic
Development budget. He added that
Information provided by the consultant will be available for a winter retreat
of the Board.
Action: The Board approved a motion to enter into a
contract with Jennings Company of Chapel Hill in the amount of $15,000 to
provide consultant services that would assist the Town in attracting bio-tech
manufacturing companies.
Motion
By: Sack
Second
By: Atwell
Vote: Unanimous
A
copy of the proposal is incorporated into these minutes as an addendum page.
8. 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:
A resident of Holly Glen asked if
the Board’s motion to approve the Holly Glen PUD included conditions
recommended by staff and the Planning Board.
Mrs. Bobber said yes.
9. Other Business – Commissioner
Schifano stressed that he wants discussion of the Town’s drainage issue placed
on the Oct. 16 meeting agenda.
Mrs. Sudano addressed the
Board. She reported that large culverts
have been identified at four locations that were in need of debris
removal. She said that the Public Works
Department was working at those locations.
She also reported that every drainage complaint received by the Town has
been investigated. She said she is
aware that there needs to be a townwide solution, and that she intends to bring
a proposal to the Board on Oct. 16 for its consideration. The proposal is for the hiring of an expert
in urban drainage to look at areas of Holly Springs where there have been
multiple complaints.
Commissioner Schifano said he would
like the consultant to address what is the public liability in the case the
Town is charged with negligently allowing construction that caused a drainage
problem.
Mr. Dean said the Town tactic will
be to address the town as a whole and not individual complaints.
10.
Manager’s
Reports
– Mr. Dean reminded the Board that Holly Springs is hosting the Wake
County
Economic Development Commission at HomeGrown Pizza on Thursday. He said the new town limits signs are going
up. He reported on the luncheon/open
house held Sept. 27 at the public works facility on Thomas Mill Road.
11. Closed Session –
None.
12. Adjournment – There being no further business for the
evening, the Oct. 2, 2001 meeting of the Holly Springs Board of Commissioners
was adjourned at 7:50 p.m. following a motion by Commissioner Sack, a second by
Commissioner Atwell and a unanimous vote.
Respectfully
Submitted on Tuesday, Oct. 16, 2001.
________________________________________
Joni Powell,
CMC
Town Clerk
Addendum pages, as referenced in these minutes, follow and
are a part of the official record of this meeting.