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Town of Holly Springs MINUTES The Holly Springs Town Board of Commissioners met in regular session on Tuesday, March 20, 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 7:34 p.m. A quorum was established as the mayor and all five commissioners were present as the meeting opened. Board Members Present: Commissioners Tim Sack, John Schifano, Chet VanFossen, Peter Atwell and Hank Dickson and Mayor Womble. Board Members Absent: None. Staff Members Present: Ricky Blackmon, interim town manager; Ernest C. Pearson, town attorney; Joni Powell, town clerk (recording the minutes); Gina Bobber, planning director and Len Bradley, director of parks and recreation. 2 and 3. The pledge of allegiance was recited, and the meeting opened with a moment of silent meditation. 4. Agenda Adjustment – The March 20, 2001 meeting agenda
was adopted with changes, if any, as listed below. 5a. Public Hearing: Ordinance 00-06 – Ms. Bobber explained that Staff had received a request from several business owners for the Town to consider amending the Zoning Ordinance to allow for neon signs in store windows to let customers know that a business was open. Ms. Bobber explained that the proposed ordinance would provide for an amendment to the Prohibited Signs section of the Zoning Ordinance to allow for 1 neon sign per business not to exceed 6 square feet in area. With that explanation completed, Mayor Womble opened the public hearing. There being no comments, the public hearing was closed. 5b. Public Hearing: Rezoning Petition 01-REZ-01 – Ms. Bobber explained that the Town has received a petition requesting the rezoning of approximately 15.9 acres of land located on the south side of Holly Springs Road between the future Holly Ridge Elementary and Middle Schools and Sunset Ridge. The applicant requests a change in zoning classification from R-20 to R-10, Ms. Bobber said, adding that the proposed request is consistent with the Land Use Plan in the Town’s 10-Year Comprehensive Growth Plan that has this property designated as medium density residential (2-5 units per acre). The proposed zoning designation is consistent with the R-10 zoning of surrounding properties, she added. Ms. Bobber reported that the Planning Board has reviewed the petition and recommends approval of the rezoning request. With that explanation completed, Mayor Womble opened the public hearing, stressing that the question before the Board this evening is one of rezoning and not of specific proposed development of the property. The following comments were recorded: Bob Stagner, 4932 Gable Ridge Lane – Mr. Stagner addressed the Board and expressed concerns about the rezoning request. Mr. Stagner provided a written version of his comments. He is opposed to the rezoning request. In summary, Mr. Stagner said he was concerned about how a rezoning of the property would impact the Town’s infrastructure, especially in the areas of water supply and traffic. He said he felt a lower-density zoning district would result in a higher and better tax base for the Town. He said he felt open space should be provided in the proposed development plan (payment-in-lieu is being suggested). Mr. Stager’s written comments are incorporated into these minutes as addendum pages. Chuck Phelen, 4936 Gable Ridge Lane, – Mr. Phelen said he has concerns about the rezoning request and is opposed. He pointed to the plot plan with concerns about the small size of the lots and density of the proposed development plan. He said he felt like the proposal is short of open space. He said he felt the traffic congestion would be aggravated by the added traffic of the new proposed subdivision. Mr. Phelen had many concerns about the subdivision plot plan. He said he felt the developer of Sunset Ridge was trying to place high-density residential development with zero lot lines up against his neighborhood of larger lots. He said there would be a resulting negative impact on property values in his existing neighborhood. Mr. Phelen also questioned the street lay-out illustrated on the plot plan. Keith Downing, 1912 Hwy. 54, Durham – Mr. Downing, representing the applicant, spoke in favor of the rezoning request. He pointed out that the request compliments the zoning of adjacent properties and is compliant with the Town’s 10-Year Comprehensive Growth Plan. David Davenport, 4933 Gable Ridge Lane – Mr. Davenport is opposed to the rezoning. He asked the Board to hold off on acting on the rezoning question until the developer presents a plan that is more palatable to neighbors. Mike Bradley, 4952 Gable Ridge Lane – Mr. Bradley said he concurred with the positions of Mr. Stagner and Mr. Phelen and is opposed to the rezoning petition on those grounds. He added that he was concerned about safety issues that may result from a higher-density residential development that is illustrated on the plot plan. Mike Bruno, 4929 Gable Ridge Lane – Mr. Bruno concurred with the positions of Mr. Stagner and Mr. Phelen and is opposed to the rezoning petition on those grounds. Mr. Bruno added that he is especially concerned about Holly Springs Road traffic, particularly as the new elementary and middle schools are completed. There being no further comments, the public hearing was closed. Commissioner Van Fossen asked Ms. Bobber to explain the development review process. She explained that, pending rezoning approval, the development proposal would go to the Planning Board on March 27 for review and recommendation to the Town Board on April 3. She explained that the Planning Board would examine such things as traffic impact, street connectivity, lot sizes, Town infrastructure capabilities, drainage and other such types of information specific to the development proposal. Commissioner Atwell explained to the audience that legal restrictions prohibit the Board from discussing specific development plans when considering rezoning requests. He said he understood citizen concerns and that those concerns would receive attention at the appropriate stage in the process. He then asked Ms. Bobber about the zoning classification of a piece of adjacent vacant property to the south of the subject property. Ms. Bobber advised that the property is zoned R-10 and may potentially be a part of the Sunset Ridge development as well. 5c. Public Hearing: Rezoning Petition 01-REZ-02 – Ms. Bobber said the Town has received a rezoning petition requesting that approximately 21.61 acres of land located on the north side of Holly Springs Road be rezoned from R-20 to R-10 Special Use District. The subject property is located between the proposed Rhamkatte Village Planned Unit Development and the approved Middle Creek Subdivision. Ms. Bobber reported that the proposed request for the R-10 base zoning district is consistent with the Land Use Plan in the Town of Holly Springs Ten Year Comprehensive Growth Plan that has this property designated as medium density residential (2-5 units per acre); however, she said, if apartments are requested through a special use permit at a later date, the proposed rezoning would be better classified as high-density residential (5 or more units per acre) on the Land Use Plan Map. Ms. Bobber pointed out if the adjacent proposed Rhamkatte Village PUD is approved when it comes before the Town Board after Planning Board review this month, the approval would set a “NVD” Neighborhood Village District at the intersection of Holly Springs Road and Bass Lake Road. Ms. Bobber said the proposed zoning designation is consistent with the surrounding properties and proposed development. She reported that the Planning Board has reviewed the petition and recommends approval. With that explanation completed, Mayor Womble opened the public hearing. The following comment(s) was/were recorded: Gray Styers, 3737 Glenwood Avenue, Suite 400 -- Speaking on behalf of the applicant, Mr. Styers spoke in favor of the petition as a future site of a Moravian Church expansion. He said the church would need only about seven acres of the 21-acre site and the church is interested in having the remaining 14 acres developed under R-10 SUD regulations. He cautioned the Board to avoid considering the specific development plan that is being prepared as it decides on the zoning question. There being no further comments, the public hearing was closed. 6. Consent Agenda – All items on the Consent Agenda were approved following a motion by Commissioner Schifano; a second by Commissioner Sack; and a unanimous vote. The following actions were affected: 6a. Ordinance 01-07 – Ordinance 01-07 to amend an ordinance adopted last year providing for the refund of water meter deposits was adopted. The proposed ordinance states that only owner-occupied residential water customers are eligible for the water meter deposit refund, deposit transfer and deposit waiver programs. A copy of Ordinance 01-07 is incorporated into these minutes as addendum pages. 6b. Sedimentation and Erosion Control Grant – The Board agreed to enter into a contract to accept $90,680 in State grant funds for a portion of start-up and operational costs associated with the Town’s Sedimentation and Erosion Control/Environmental Program. The motion also authorized the interim town manager to sign necessary documents in connection with the grant award. 6c. Minutes – Minutes of the Board’s regular meetings held Dec. 11, 2000 and Jan. 8, 2001 were approved with a correction to the Dec. 11 draft that Commissioner Sack was in attendance. 6d. Rezoning Petition 00-REZ-05 – Action on this rezoning request was deferred until the CCGC has had a chance to report on its study of Avent Ferry Road. 7a. Ordinance 01-06 – The Board approved a motion to adopt Ordinance 01-06 to amend the Zoning Ordinance to allow neon store window signs under certain restrictions (to whit: a limit of one sign per business no larger than six square feet in area). A copy of Ordinance 01-06 is incorporated into these minutes as addendum pages. 7b. Rezoning Petition 01-REZ-01 – The Board approved a motion to
approve Rezoning Petition 01-REZ-01 to assign an R-10 zoning designation to the subject property as requested. All commissioners offered audience members support for their concerns and promised to take their traffic, density and open space concerns into careful consideration as the subdivision plan progresses through the review process. Vote: Unanimous. 7c. Rezoning Petition 01-REZ-02 – During discussion, members of the
Board expressed concern over the potential development of the property under a Special Use District. Commissioner Schifano pointed out that if an applicant’s development plan satisfies the general and specific conditions set out by the Town Code, then a special use permit would have to be granted by the Town Board. He said he was not convinced that the Board’s ability to attach its own conditions to such a permit would be adequate to protect the Town from a marginal multi-family project. 7d. BFI Franchise Agreement – Mr. Pearson noted some points of fine tuning to the draft version of a proposed franchise agreement with BFI / Holly Springs Disposal. This lengthy document encapsulates the agreement between the Town and the construction and demolition landfill company for extended operation through spring of next year and then limited operation through December of next year. The draft changes reflect suggestions from Board members, staff and representatives of BFI. Mr. Pearson explained that two readings are required for this type of agreement. Action: The Board held a first reading of the franchise agreement and gave its approval of the draft, as amended. A copy of the franchise agreement, which will be in the form of a franchise ordinance, will be incorporated into the minutes of the Board’s minutes of April 3, 2001 as addendum pages following a second reading and final adoption. 7e. Baseball Tomorrow Grant – Mr. Bradley explained that the Town has an opportunity to apply for a grant provided by the Major League Baseball Players Association to promote baseball and softball for boys and girls nationwide. He said the grant could aid in the Town’s completion of the multi-purpose softball, baseball and football complex at Womble Park. Action: The Board approve a motion to authorize a grant application and related addition to project scope for the restrooms/concession/scorer’s building to include two additional fields. 7f. Finisterra Developer Agreement, Parks – This item was removed from the agenda during Agenda Adjustment. 7g. Baker and Daniels, UDO – Ms. Bobber explained that the Department of Planning & Zoning had budgeted for and intended to hire a consultant to complete an update of the Town’s zoning and subdivision regulations, a Unified Development Ordinance. She explained that proposals had been reviewed by a selection committee comprised of Town staff from multiple departments and various board and committee members. In the end, she said, the committee selected three consultanting firms to interview. Upon completion of the interviews, the selection committee voted to recommend that the Town hire Baker & Daniels, Indianapolis, Indiana to complete this project. Action: The Board approved a motion to authorize the Town Manager to sign a contract with Baker & Daniels when a final draft is completed for the creation of a UDO for the Town of Holly Springs at a cost of $163,000. 8. Public Comment – At this time, a 15-minute time period was offered for citizens to provide comments on any variety of topics not on the night’s agenda. The following comment(s) was/were offered: None 9. Other Business – None. 10. Town Manager’s Reports – Mr. Blackmon reported to the Board that the Town would resume litter clean-up along Hwy. 55; that a zoning violation case involving Hood’s Grocery appeared to be headed to court; and that incoming new Town Manager Carl Dean had spent the day Monday at Town Hall getting familiar with staff and conducting interviews with candidates for Town Finance Director. Commissioner Atwell asked if Hwy. 55 could be resurfaced in front of Arbor Creek. He said the resurfacing of Hwy. 55 could go a long way toward helping economic development for the Town. Also, he added, the road surface posed a safety hazard. Mr. Blackmon said he would investigate the Town’s options. 11. Closed Session – The Board approved a motion to recess for 10 minutes before reconvening and entering Closed Session for the purpose of holding discussions with legal counsel regarding litigation regarding landfill permit ruling. General Account of Closed Session – March 20, 2001 The Board provided direction to the Town Attorney regarding the landfill litigation issue. Commissioner Sack moved that the Board return to Open Session. Commissioner Atwell seconded the motion, which carried unanimously. No action was taken in Closed Session. – End of General Account 12. Adjournment – There being no further business for the evening, the March 20, 2001 meeting of the Holly Springs Board of Commissioners was adjourned following a motion by Commissioner Schifano, a second by Commissioner Sack, and a unanimous vote. Respectfully Submitted on Tuesday, April 3, 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. Duplicate Original |