Town of Holly Springs

Board of Commissioners Regular Meeting

Tuesday, October 1, 2002

MINUTES

The Holly Springs Town Board of Commissioners met in regular session on Tuesday, October 1, 2002 in the cafeteria of the W. E. Hunt Community Center, located at 301 Stinson Ave. Mayor Dick Sears presided, calling the meeting to order at 7 p.m. A quorum was established as the mayor and all five board members were present as the meeting opened.

Board Members Present: Commissioners Steve Tedder, John Schifano, Chet VanFossen, Peter Atwell, and Hank Dickson and Mayor Sears.

Board Members Absent: None.

Others Present: A quorum of the Planning Board was not present at 7 p.m. A quorum was established at approximately 7:30 p.m. Present were members Matt Johnson, Glenn Myrto, Jeff Bateman, Jonathon Gibbons and Mike Taylor.

Staff Members Present: Chuck Simmons, assistant town manager; Ernest C. Pearson, town attorney; Linda Harper, deputy town clerk (recording the minutes); Gina Bobber, director of planning and zoning; Len Bradley, parks and recreation director; Drew Holland, finance director; Kendra Thompson, town engineer; Stephanie L. Sudano, director of engineering; Cecil Parker, chief of public safety; and Alysia Bailey, town planner.

2 and 3. The pledge of allegiance was recited, and the meeting opened with an invocation by Larry and Lisa O’Neal of 412 Trinidad Ct. Holly Springs.

4. Agenda Adjustment ‑ The October 1, 2002 meeting agenda was adopted with changes, as listed below.

Motion By: VanFossen

Second By: Atwell

Vote: Unanimous.

Items Added to Agenda: Commissioner Dickson recommended to add under other business the following: Possible consideration of a 3‑way stop sign at Ivy Green Lane and Gable Ridge Lane as 8a; and clarification and possible action of the NVD Design Guidelines (Town Policy #014) for the intersection of Sunset Lake Road and Holly Springs Road as 8b.

Consent Agenda Items Removed: Items 6e. zoning permit 02-ZPF-13 for Crescent State Bank and 6f. zoning permit 02-ZPF-15 for the Holly Springs Crossing Out-Parcel -B were removed from Consent Agenda for discussion.

Other Changes: None.

5a. Public Hearing: Annexation Petition A02-05, Holly Springs Crossings, LLC and Crescent State Bank ‑ Ms Bobber reported that the town has received a petition for voluntary annexation of 5.360 acres of land located at the intersection of Holly Springs Road, Earp Street and Bass Lake Road. The petition meets all the statutory requirements for annexation.

With that explanation completed, Mayor Sears opened the public hearing to accept input. The following comments were recorded: None.

There being no comments, the public hearing was closed.

Action: The Board approved a motion to adopt Annexation Ordinance A02-05, to annex property containing 5.360 acres located at the intersection of Holly Springs Road and Bass Lake Road as submitted by Holly Springs Crossing, LLC and Crescent State Bank.

Motion By: Dickson

Second By: VanFossen

Vote: Unanimous

A copy of A02-05 Annexation Ordinance is incorporated into these minutes as addendum pages.

Ms. Bobber reviewed with the Board Members the proceedings of a PUD joint public hearing between the Town Board and Planning Board. Ms. Bobber indicated that a Planning Board quorum was not present and asked the Town Attorney for instructions whether to proceed with the joint public hearing for the Holly Springs Business Park PUD. Mr. Pearson recommended to delay the joint public hearing to receive input for this item and be added at the end of the agenda or until more Planning Board Members arrive.

Action: The Board approved a motion to move the joint public hearing for the Holly

Springs Business Park PUD, 01-PUD-03 to the end of the agenda or until more Planning Board Members are present.

Motion By: VanFossen

Second By: Atwell

Vote: Unanimous

5c. Public Hearing: Zoning Ordinance 02-13, (02-ZOA-07), Add Section 9-4032.1, Zoning of Newly-Annex Land ‑ Ms. Bobber reported that the proposed amendment would allow a property owner to annex land that is not within the Town's planning jurisdiction without filing for a simultaneous rezoning application in order to have Town zoning. This reduces the number of steps and time involved to annex land into the Town's corporate limits.

Ms. Bobber said that staff and Planning Board recommends to adopt Ordinance Amendment 02-13 (02-ZOA-07) to add section 9-4032.1, newly annexed land or land added to the Town of Holly Springs extraterritorial jurisdiction.

There were discussions among staff and Board regarding why R-20 zoning was used in this ordinance and what’s considered restrictive and unrestrictive zoning districts and what zoning districts would allow mobile homes.

With that explanation completed, Mayor Sears opened the public hearing to accept input. The following comments were recorded: None.

There being no comments, the public hearing was closed.

Action: The Board approved a motion to adopt Ordinance 02-13 (02-ZOA-07) to add section 9-4032.1, newly annexed land or land added to the Town of Holly Springs extraterritorial jurisdiction.

Motion By: Schifano

Second By: Tedder

Vote: Unanimous

A copy of Ordinance 02-13 (02-ZOA-07) is incorporated into these minutes as addendum pages.

6. Consent Agenda ‑ All remaining 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. Budget Amendment, $1,110 – The board adopted a budget amendment to the FY 2002‑03 budget in the amount of $1,110 to receive insurance proceeds to cover replacement cost for damaged items. A copy of the budget amendment is incorporated into these minutes as an addendum page.

6b. Budget Amendment, $330 – The board adopted a budget amendment to the FY 2002-03 budget in the amount of $330 to accept a donation received from Club Corp Golf Co. in recognition of “9‑11 Day” to be used for the school resource officer program. A copy of the budget amendment is incorporated into these minutes as an addendum page.

6c. Minutes - Minutes of the Board’s special and regular meetings held on September 17, 2002 were approved.

6d. Holly Springs Participation in Regional Wastewater Treatment Study and Budget Amendment, $80,000 - The board allocated funds for Holly Springs’ participation in the Regional Wastewater Treatment Study and adopted associated budget amendment in the amount of $80,000 pulling funds from the utility fund balance. A copy of the budget amendment is incorporated into these minutes as an addendum page.

6e. Crescent State Bank, 02-ZPF-13 - Item was removed from consent agenda.

6f. Holly Springs Crossing Out-Parcel - B, 02-ZPF-015 - Item was removed from consent agenda.

6g. Sunset Ridge North PUD amendment 98-PUD-01-A01 – The Board approved amendment to the Sunset Ridge North PUD 98-PUD-01-A01.

6h. Savannah Square, Sunset Ridge North Townhomes, 02-MAS-08 - The Board approved preliminary plan for Savannah Square, Sunset Ridge North Townhomes, 02-MAS-08.

Mayor Sears indicated that a Planning Board quorum was present at this time and to

proceed with Agenda item 5b Holly Springs Business Park, PUD joint public hearing.

5b. Joint Public Hearing: 01-PUD-03: Holly Springs Business Park PUD ‑ Ms. Bobber explained to the Board that this request was for a Planned Unit Development consisting of 250 acres mixed use and industrial zoned property. The property is currently zoned I-1; Light Industrial and creates a master plan which will be used as a marketing plan for development.

Ms. Bobber said that this was the first step in the formal review process and the plan will be forward to the Planning Board for there review and comments.

Ms. Bobber reviewed the requirements of the master plan and reported that the plan would be used as a tool to draw new development into the park.

Mrs. Mizelle said from a marketing perspective, the PUD would allow the land owner to market the business park as a master plan depicting the road network, infrastructure, and zoning regulations specifically for this site. This PUD, when approved, in addition to the Certified Industrial Site status from the NC Department of Commerce, will enhance our ability to describe opportunities in the park to a wider audience in a more effective manner than pointing to a zoning and parcel map.

Commissioner Schifano asked if any of the existing tenants of the business park had been notified of these changes and how would they be affected.

Mrs. Mizelle said the tenants will be informed through quarterly roundtable meetings. The PUD should make their properties more valuable. This master plan should enhance their development.

Mayor Sears asked if CP&L had been notified. Mrs. Mizelle said that CP&L has been notified and are always very helpful.

There was discussion among the Board and staff regarding the construction of the road improvements. Mayor Sear requested that staff consider construction of these road improvements on a high priority list.

Ms. Bobber explained the open space acreage, buffer setback requirements and landscaping that was listed in the development standards.

With that explanation completed, Mayor Sears opened the public hearing to accept input. The following comments were recorded:

Thomas Spaulding of Spaulding & Norris, PA., 921 Trinity Road, spoke in favor of this project. Mr. Spaulding indicated that he had been working on this project at length and feels the plan to be a valuable tool in drawing new development into the area.

Commissioner VanFossen asked Mr. Spaulding when designing the Holly Springs Business Park master plan was there a comparison between the plan and the new proposed UDO for compliance of the new regulations.

Mr. Spaulding discussed with the Board that he did take into consideration the proposed UDO regulation when designing the master plan.

Mr. Spaulding explained that being all the proposed businesses are grouped together, the setback and buffers requirement would be reduced.

There was discussion among the Board Members and Mr. Spaulding about ways to utilize and plan for open space as walkways or trails within the Business Park.

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

Action: The Board approved a motion to forward the proposed Holly Springs Business Park PUD 01-PUD-03 to the Planning Board for its review and recommendation.

Motion By: VanFossen

Second By: Atwell

Vote: Unanimous

6e. Crescent State Bank, Zoning Permit 02-ZPF-13 - Ms. Bailey explained to the Board that this proposal was for site plan approval of an approximately 3,700 square foot bank with a drive through in the Rhamkatte Village Planned Unit Development. The bank is proposed to be located on the east corner of Holly Spring Road and Bass Lake Road on a 1.06 acre portion of a 2.01 acre site designated as mixed‑use in the Rhamkatte Village PUD.

Ms. Bailey reported that the PUD amendment was approved to reduced the depth of the buffer along Holly Springs Road and Bass Lake Road from 30’ to 20’ and reduced the amount of landscaping required within the buffers. The proposed plan complies with the amended PUD document requirements for the buffers, and the ordinance requirements of a 15’ opaque buffer has been provided along the rear of the property.

Ms. Bailey reviewed with the Board Members the plan for the proposed sidewalks and internal crosswalk from Holly Springs Road and leading into the interior of the site. And, sidewalks are also provided along both Holly Springs Road and Bass Lake Road.

Ms. Bailey explained that there is a difference between the recommendations of staff and the Planning Board. Staff recommends that sidewalk along the entire frontage of the site be installed at construction. The Planning Board recommends that sidewalk be constructed in phases to prevent construction traffic damage to sidewalk, curb and gutter on the property frontage during future development.

Mr. Spaulding requested the Board consider the staging of sidewalk construction.

Commissioner VanFossen asked for clarification regarding staff’s recommendation to remove the stone columns in front of the building.

Ms. Bailey informed Commissioner VanFossen that those columns will remained as proposed.

Action: The Board approved a motion to approve Zoning Permit #02‑ZPF‑13 for Crescent State Bank, as submitted by Cline Design Assoc. PA, Project Number 06062, with the following conditions:

1. The ground sign for this project shall utilize the same materials and dimensions as the Holly Springs Crossing signs and coordinate with the building materials of the bank. Final signage design and materials is to be approved by staff.

2. A subdivision of the property must be completed prior to issuance of a building permit if the parcels are to be under separate ownership.

3. Sidewalk along the entire frontage (of current parcel) to be shown on construction drawings. Phase two sidewalks shall be installed within three years of the issuance of the Certificate of Occupancy, or with phase two development, whichever occurs first.

4. Construction drawing approval required prior to construction.

5. The final roof color of the building will be subject to staff approval.

Motion By: VanFossen

Second By: Atwell

Vote: Unanimous

6F. Zoning Permit 02-ZPF-15, Holly Springs Crossing Out-Parcel B - Ms. Bailey explained that this item was pulled from the Consent Agenda for discussion. Commissioner VanFossen had a concern regarding the location of the dumpster pad located on the corner of Bass Lake Road and Earp Street. Commissioner VanFossen made a request that the pad be relocated to another location. Ms. Bailey reviewed the site plan with the Board Members indicating the location of the dumpster pad was the only location possible due to the Colonial Pipe Line easement located west of the proposed building. Ms. Baily said that construction or other permanent items cannot be constructed on the gas line easement other than parking.

Commissioner Atwell asked about the appearance of the proposed building. Ms. Bailey discussed the appearance of the building being the proposed plan was for an approximately 7,000 square‑foot commercial building that will consist of brick and stone with colors that will match and compliment the brick and stone of Holly Springs Crossing Shopping Center.

Ms. Bailey reviewed reduction of the depth of the buffer along Bass Lake Road and Earp Street from 30’ to 20’ and the reduced amount of landscaping required within the buffers being it’s a PUD. The proposed plan complies with the amended PUD document requirements for the buffer along Bass Lake Road, however, it is showing an 18’ buffer along Earp Street.

Ms. Bailey said that this site is part of the Holly Crossing Shopping Center and both Bass Lake Road and Holly Springs Road are being improved as part of the overall shopping center site. Earp Street will also be re‑aligned and widened along the southern side of this site as part of the shopping center improvements.

Mr. Jeff Byrd the developer and owner of the property indicated that he was trying to avoid the Wal-Mart type of design. Mr. Byrd said that he was aware of the location of the dumpster but indicated that it was the only feasible location.

Commissioner VanFossen asked Mr. Byrd would there be a problem with garbage trucks entering the site and with garbage odors that it may create with the building housing two restaurants.

Mr. Byrd said that he was aware of the odor issue and that there would not be problems with trucks entering that area for pick-ups.

Action: The Board made a motion to approve Zoning Permit #02‑ZPF‑15 for Holly Springs Crossing Out-Parcel “B”, as submitted by Spaulding and Norris, Project Number 337‑01, with the following conditions:

1. A minor subdivision must be approved and recorded before a building permit can be issued for this development if it is to be under separate ownership.

2. An additional sidewalk to be added to the east side of the building and a crosswalk added to the entrance drive on Earp Street.

3. Additional plantings will be added to screen the dumpster as committed by the developer.

4. The following items are to be included on construction drawings and will be reviewed in detail (later in the approval process):

‑ Grease Trap placement and design

‑ Fire suppression/sprinkler system

Motion By: Schifano

Second By: Atwell

Vote: Unanimous

7. Public Comment – At this time, an opportunity was provided for members of the audience who had registered to speak to address the Board on any variety of topics not listed on the night’s agenda. The following citizens were heard:

Jonathan Gibbons -217 W. Ballentine Street - Mr. Gibbons thanked Mayor Sears and Town Manager for returning his phone calls. Mr. Gibbons addressed his concerns about Ballentine Street closing and did not completely understand why the street needs to be closed at all times. Mr. Gibbons suggested maybe to consider a street open and closing schedule, perhaps opening late Friday evenings and re-close on late Sunday afternoons. His concern was backed up traffic on W. Ballentine Street and Avent Ferry Road in the mornings and evenings. Mr. Gibbons requested the Board consider stationing a police officer in that area. Also, Mr. Gibbons said that he still had problems with speeding vehicles on W. Ballentine Street.

Chief Parker addressed Mr. Gibbons concerns regarding the speeding issue on W. Ballentine Street. Mr. Parker reported that there are several speed lowering devices on W. Ballentine Street, which has more than any street in town, the street is equipped with stop signs, speed bumps, and intensive curves.

Mayor Sears said that he will discuss these issues and concerns with town staff.

Leslie Doares, 316 W. Elm Street - Ms. Doares added to Mr. Gibbons comments that the truck traffic entering and exiting Avent Ferry Rd. onto and from Hwy. 55 creates traffic congestion not only on Avent Ferry Road, but also on Hwy. 55.

8. Other Business –

8a. Three-Way Stop Sign- Commissioner VanFossen discussed with the Board the possibility of creating a 3-way stop at the intersection of Ivy Green Lane and Gable Ridge Lane. Commissioner VanFossen said that some form of speed lowering device is needed at that intersection, whether to install speed bumps, or 3 way stop signs.

Commissioner Tedder said that he does not support the concept of a 3-way stop sign or speed bumps at Gable Ridge Lane and Ivy Green Lane intersection. The Board adopted criteria of how and where to install these devices and this intersection does not meet those regulations. Commissioner Tedder said that he objects to add-ons to the agenda and would be in favor of tabling this request to be on the next Town Board agenda with proper documentation.

There were discussions among Commissioners Schifano, Dickson and Atwell that they would be in favor of tabling this issue until the next Board meeting.

Commissioner VanFossen indicated that he was trying to be pro-active and did not understand why this issue needs to be tabled. Commissioner VanFossen said that staff has given him the impression that they would not support a 3-way stop sign at that location. Commissioner VanFossen said that the Town has installed these traffic controlling devices in the past.

Commissioner Tedder said that he agrees but would like to review the information up front before the night of meeting.

Commissioner Dickson said that he was not ruling out any possibilities but he was unable to make a site inspection and he was concerned that the residents in that area are not present to speak their concerns for that intersection.

Action: The Board approved a motion to table this issue for possible action at the October 15, 2002 Town Board Meeting and requested the Engineering Department and Public Safety to research the possibilities of this issue.

Motion By: Dickson

Second By: Tedder

Vote: Unanimous

8b. NVD Design Guidelines (Town Policy #14) - Ms. Bobber explained to the Board Members that the NVD Design Guidelines (Town Policy #014), for the intersection of Sunset Lake Road and Holly Springs Road was approved by the Town about a month ago. Ms. Bobber explained that there may be some confusion regarding which corner gets what sign. The adopted plan shows the main “Town of Holly Springs “ entry sign on the northwest corner that would include the entry sign and a landscape bed in front of the sign with a sidewalk detail. The corner was selected by staff due to the visibility of it to those entering Holly Springs from Cary, and Raleigh on Holly Springs Road and those entering from Fuquay-Varina on Sunset Lake Road.

The board advised staff to leave as the original approved plan but without the words “Town of Holly Springs” and leave the holly leaves.

After much discussion, the board directed that the words “Town of Holly Springs” be removed and leave the holly leaves and landscaping.

8c. Draft Open Space Master Plan Board Public Information Meeting, October 15, 2002, 5:30 p.m. and Scorer Board Report- Mr. Bradley invited the Board to be present at a public information meeting to be held on October 15, 2002 at 5:30 p.m. in the cafeteria of the W. E. Hunt Community Center, located at 301 Stinson Ave, to review the Open Space Master Plan.

Mr. Bradley said that a draft of the open space master plan would be available next week and will be back to the Board for consideration at the November Board meeting.

Commissioner Tedder asked the status of the Bass Lake restoration project. Mr. Bradley reported that 95 % shoreline work was completed and the remaining work will be completed within a week or within 10 days. There will be a meeting on Thursday morning with the architect for finalizing the building plans. Mr. Bradley reported that there are trees within the lake to be cut at a later time.

Mr. Bradley addressed the Board with an idea to purchase a score board for the Holly Springs Middle School. Mr. Bradley said that the Middle School’s campus would give the town the opportunity to use the athletic facilities such as their football, soccer fields, and gym. The proposal was to supply the Middle School with a score board in exchange for use of the school’s athletic facilities. Mr. Bradley indicated the score board cost would be less than $10,000.

Commissioner Dickson asked Mr. Bradley if the school allows sponsorship of the score board.

Mr. Bradley seems to think so.

Mayor Sears asked Mr. Bradley to bring the details back to the Board for consideration and with a proposal to approach Wake County School System with a lease agreement for Holly Springs Middle School principal to use the schools athletic facilities in exchange for a score board.

9. Manager’s Reports – Mr. Simmons reported on October 8, the Town was closing on the purchase of the Auto Parts building and property. Mr. Simmons said that there will be a meeting on Thursday with Brian Simpson to discuss the results of the asbestos survey.

Mr. Simmons gave a brief summary on the Auto Part building inspection - water damage in floor joists; the floor system will need replacing and the second floor restoring; the windows are the original windows, some may be salvaged; slope in the roof appears to be in good condition, but there may be damage in some areas of the roof; and there’s a crack in the rear wall of the building.

10. Closed Session - The Board approved a motion to enter Closed Session, pursuant to G.S. 143-318.11(a)(3), to instruct the Town Attorney under the client-attorney privilege in mediation and action on the Town of Holly Springs vs Fussell enforcement matter and pursuant to G.S. 143.318.11(a)(6), to instruct the Assistant Town Manager regarding a personnel issue.

Motion By: Schifano

Second By: Atwell

Vote: Unanimous

General Account, Closed Session – October 1, 2002

In Closed Session, the Town Board gave direction to the Town Attorney regarding the mediation and action on the Town of Holly Springs vs Fussell enforcement matters. The Town Attorney discussed with the Board Members whether to pursue or dismiss the abatement of the Fussell matter, being the Fussell’s are now in compliance with the town’s ordinance requirements. And, whether to pursue attorney fees under rule 11.

The Board provided direction to the Town Attorney to dismiss the matter.

Board Members raised concerns regarding what some of the members see as an ongoing personnel problem. The Town Board gave direction to Mr. Simmons to forward these concerns to the Town Manager for investigation and appropriate action.

The Board then re-entered Open Session.

Action: The Board approved a motion to reenter Open Session.

Motion By: VanFossen

Second By: Atwell

Vote: Unanimous

– End General Account

11. Adjournment – There being no further business for the evening, the October 1, 2002 meeting of the Holly Springs Board of Commissioners was adjourned following a motion by Commissioner Atwell.

Respectfully Submitted on Tuesday, October 15, 2002.

___________________________________

Linda R. Harper, Deputy Town Clerk

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