
Regular Meeting
![]()
MINUTES
The Holly
Springs Town
Council Members Absent: None.
Others Present: Holly Springs Planning Board
members Joe Fanjoy, Trip Belote, Raymond Cordon, Lisa Martin, Vinnie
DeBenedetto and Joe Signoretti. A quorum
of the Planning Board was present.
Staff Members Present:
2 and 3.
The Pledge of Allegiance was recited, and the meeting opened with an
invocation by Rev. Lewis Gentry.
4.
Agenda Adjustment: The
Motion
By: Dickson
Second
By: Atwell
Vote: Unanimous
Items
Added to the Agenda: Item 6h., approval
of a change order to the construction contract for
Consent
Agenda Items Removed: None.
Other
Changes: None.
5a.
Public Hearing: Main Street
Square, 05-PUD-01 –
Mr. Jones said the Town has received an application for a Planned Unit
Development, to be called Main Street Square, that proposes 36.76 acres of mixed-use
development to include single-family residential, multi-family residential, and
commercial and office uses.
He said the plan would dedicate 16.60 acres for open space. The maximum number of units would be 354 with
a net density of 9.7 units per acre. The
minimum lot size would be 880 square feet.
With that explanation completed,
Mayor Sears opened the public hearing to accept input. The following comments were recorded:
Kenneth Nelson,
He said he did not like the way
Thompson Contracting, the contractor for the Hwy. 55 widening project, treated
residents of Somerset Farm. He said he
realized it was not a town project, but he wanted to be on the record as having
lodged a complaint.
Katharine Hagan,
Jason Miller,
Andrew Lohman,
Tim Gentry,
Tony Sease -- Mr. Sease spoke
on behalf of the applicant, Boylan Development.
He said he would be happy to answer any questions that residents may
have about the proposal. He also complimented
staff for professionalism and their assistance.
There being no further comments, the
public hearing was closed.
Action:
The Council approved a motion to forward PUD application #05-PUD-01 for Mains
Street Square to the Planning Board for review and recommendation.
Motion
By: Atwell
Second
By: Dickson
Vote: Unanimous
5b.
Public Hearing: 04-SEU-06, Cingular
Wireless Communications - Mr. Hammerbacher reported that
the Town had received special exception use petition 04-SEU-06 for Cingular
Wireless Communications to allow a 195-foot tall monopole telecommunications
tower on a 10,000-square-foot leased area of the General Concrete site, which
is approximately 3.01 acres in size.
Mr. Hammerbacher said that approximately 5,200 square feet
of the 10,000-square-foot leased area is intended to be developed. He said the area to be developed would be
screened with an eight-foot-tall wooden fence and an A-20 (open) buffer. The communication facility is to be accessed
from an access easement, which extends from the General Concrete parking area
through the outdoor storage area to the Cingular Wireless leased area.
Mr. Hammerbacher reported
that staff and the Planning Board recommends approval
of the application with conditions. He
noted that the General Concrete site is not in full compliance with the
conditions of its existing Special Use Permit.
Councilman Atwell asked if
Cinglular Wireless had investigated co-location of its antenna on the town’s
water tower.
Mr. Hammerbacher said the
applicant advises that the town’s water tower on
With that explanation completed, Mayor Sears opened the
public hearing to accept sworn testimony and qualified evidence. Speakers spoke under oath administered by the
Town Clerk. The following testimony was
recorded: None
M. Gray Styers Jr.,
Inside the radio frequency justification
report, illustrations demonstrate how the General Concrete site would meet his
company’s needs where the town’s water tower would not.
Councilman VanFossen asked why the stealth
antenna was not being used.
Mr. Styers said the type of antenna
selected is ideal for his client’s needs.
In response to a question from Councilman
Atwell, Mr. Styers said other cellular companies would not be prohibited from
co-locating on the Cingular tower.
There being no further comments, the public
hearing was closed.
Mr. Hammerbacher said that the Council, in finding
facts on the application, should stipulate that the findings could be made only
upon the full compliance of the General Concrete site with its existing Special
Use Permit. He said the SUP conditions
required landscaping and fencing, which are not in place at this time.
Mr. Hammerbacher said
staff’s recommended conditions on the motion would provide that the approval be
conditioned upon full compliance of the General Concrete site prior to issuance
of a building permit.
Mayor Sears reopened the
public hearing so that Mr. Styers could address the Council.
Mr. Styers said the
approval of the tower would provide incentives and opportunities to address
some of the issues between General Concrete and the Town.
Mr. Schifano explained
that he had amended the language of the findings to include the words, “upon
compliance with all existing Special Use Conditions” for the first three
findings. He said if the Council were to
make these findings and then condition the certificate of occupancy upon full
compliance, the town would be protected adequately.
Councilman Atwell said
the conditioned approval would encourage compliance, but so would denial of the
request.
Mayor Sears then closed
the public hearing.
Action
#1: The
a. Upon compliance with all existing
Special Use Conditions, the proposed use
will not be injurious to the public health, safety, comfort, community
moral standards, convenience or general welfare;
b. Upon compliance with all existing
Special Use Conditions, the proposed use
will not injure or adversely affect the adjacent area;
c. Upon compliance with all existing
Special Use Conditions, the proposed use
will be consistent with the character of the district, land uses authorized
therein, and the Town of
d. The proposed use shall conform to
all development standards of
the applicable district (unless
a waiver of such development standards is requested as
part of the special exception use petition
and approved as set forth above, in which case the proposed use shall conform
to the terms and conditions of such waiver).
e. Access
drives or driveways are or will be sufficient
in size and properly located to: ensure automotive and pedestrian safety and
convenience, traffic flow as set forth in Section 7.09 – Pedestrian Circulation
and Vehicular Area Design; and, control and access in case of fire or other
emergency;
f.
Off-street parking areas, off-street loading areas, trash enclosures, trash pick-up and
removal, 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;
g. The lot, building or
structure proposed for the use has adequate restroom facilities,
cooking facilities, safety equipment (smoke alarms, floatation devices, etc.),
or any other service or equipment necessary to provide for the needs of those
persons whom may work at, visit or own property nearby to the proposed use;
h. Utilities, schools, fire, police and
other necessary public and private facilities and services will be adequate to
handle the needs of the proposed use;
i.
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; and,
j.
The
type, size, and intensity of the proposed use (including but not limited to 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.
Motion by:
Pearson
Second By:
Womble
In discussion, Councilman Atwell said he did not want to see
a proliferation of cellular towers on the
Councilman Pearson said he would think the tower’s being
located in the industrial park would be an appropriate.
Vote:
The motion carried following a 4-1 vote.
Councilmen Pearson, Womble, VanFossen and Dickson voted for the
motion. Councilman Atwell voted against.
A copy of the Cingular Wireless
Communications petition 04-SEU-06 and other materials entered into the record
by the applicant addressing the findings of facts are incorporated into these
minutes as addendum pages.
Action #2: Having made findings of fact that the
project meets the requirements to be granted a Special Exception Use, the
Council approved a motion to approve Special Exception Use #04-SEU-06 for
Cingular Wireless as submitted by M. Gray Styers on behalf of Cingular Wireless
Inc., project number 1000-077, date revised
Motion by:
Womble
Second By:
VanFossen
Vote:
The motion carried following a 4-1 vote. Councilmen Pearson, Womble, VanFossen and
Dickson voted for the motion. Councilman
Atwell voted against.
5c.
Public Hearing: 05-REZ-11,
Mr. Jones reported that the request is in
conformance with the Land Use Element of the Comprehensive Growth Plan, which
designates this area for mixed-use development.
He added that this is the third rezoning request for a single-family
residence on
Mr. Jones said that staff and the planning
board recommend approval of the rezoning request.
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
Motion by:
Womble
Second By:
Atwell
Vote:
Unanimous
5d.
Public Hearing: Growth Plan
Amendment 05-GPA-02 and Rezoning Petition 05-REZ -12
- Mr. Jones said the Town has received a request to rezone 9+/- acres located near the intersection of South
Main Street and Hwy. 55 Bypass from R-20: Residential to R-MF-8: Residential
Multi-family. He said the property is
located within the town limits and partly in the ETJ.
Mr. Jones said the proposed zoning request
is not in conformance with the Land Use Element of the Comprehensive Growth
Plan, which designates this area for medium-density residential development;
therefore, the applicant is seeking a growth plan amendment to change the
designation to very high density.
He explained to the Council that the
adjacent Stephens property has a very high density designation, and he added that
staff feels the proximity of this property to adjacent properties makes the
applicant’s a valid request.
Mr. Jones reported that the planning board has reviewed the
petition and recommends approval of both the request for a growth plan amendment
and the zone map change. He also reported that the planning board had discussed
how the site would be accessed. He said
once the Stephens property is developed, the Powell property would no longer be
land-locked.
With that explanation completed, Mayor Sears opened the
public hearing to accept input. The
following comments were recorded:
Harry Mitchell, Bass, Kennedy and Nixon – Mr. Mitchell spoke on behalf of
the property owner. He said plans are to
develop the Powell property in conjunction with the Stephens property, and the
owner is requesting a zoning classification similar to that of the Stephens
property.
Marjorie Minor,
remain
R-20.
There being no further comments, the
public hearing was closed.
Councilman VanFossen said his
concern was the tip of the arrow-shaped portion of the parcel and the
possibility that the developer would place multi-family units in that location
amidst adjacent single-family homes.
Mr. Jones said staff had examined
this possibility as well. He said the
point, by nature of its shape, would be rendered un-developable because of UDO
regulations such as setback requirements and buffers. The point would most probably remain
undeveloped, he said.
Mr. Mitchell agreed that it would be
difficult to put any units in the tip of the parcel.
Councilman Pearson pointed out that
this concern would best be addressed at the site plan review stage, rather than
at the zoning stage.
Lori Stokes, on the behalf of
property owner Mary Lee Johnson – Ms. Stokes asked about the confusion that
exists over an abandoned railroad easement.
She also asked if access to the Powell property would be through Mrs.
Johnson’s property.
Staff advised that access could not
be through Mrs. Johnson’s property unless Mrs. Johnson were to make that kind
of agreement with the Powell tract property owners. Access, the applicant has said, would be via
the Stephens property as it is developed.
As to the property line confusion
brought on by the abandoned railroad easement, Councilman Pearson advised that
Mrs. Johnson should be entitled to the railroad easement on her side of a
centerline, and the owner of the Powell tract should be entitled to the
railroad easement on his side of a centerline.
Action #1: The
Motion by:
Womble
Second By:
VanFossen
Vote:
Unanimous
Action
#2: The
Motion by:
Womble
Second By:
Atwell
Vote:
Unanimous
5e.
Public Hearing: Rezoning Petition
05-REZ-13 - Mr.
Jones said the Town has received a petition requesting the rezoning of 55.95 acres located east of the existing Somerset Farms subdivision
from R-20: Residential to R-10: Residential.
He said the property is located within the Town's ETJ.
Mr. Jones said the proposed rezoning
request is in conformance with the Land Use Element of the Comprehensive Growth
Plan, which designates this area for medium-density residential development.
Mr. Jones said town staff
is recommending approval, but the planning board recommendation is to deny the request, following a 5-1
vote.
Some of the planning board concerns,
Mr. Jones said, were traffic to the site and the future road network.
Councilman VanFossen pointed out that traffic concerns are
specific to the potential site plan and not on the zoning. If the property remains R-20, he added, the town
would have the same concerns.
With that explanation completed, Mayor Sears opened the
public hearing to accept input. The
following comments were recorded:
Marjorie Minor,
Katharine Hagan,
James Vogner,
Sean Dolle – Mr. Dolle, the developer, addressed some of the concerns
to put residents at ease. He also pointed
out that the request is in keeping with the Land Use Plan.
Because of
He added that he is working on getting a
The price range of homes, he said, would be in the $300,000
to $500,000 range if the
Trip Belote,
Raymond Cordon – Mr. Cordon, also a planning board member, addressed the
council to report that the planning board felt that approval of the R-10 rezoning
would impact neighboring pieces of land, which eventually would also be zoned
to R-10. He said he felt that as
adjacent parcels are rezoned to R-10, the density of the neighborhood would be
too high. Therefore, he said, the
planning board felt it was best to deny the rezoning request.
There being no further comments, the
public hearing was closed.
Councilmen Atwell and VanFossen
agreed that the property’s proximity to downtown and Hwy. 55 made it suited to
R-10 zoning, with the town’s providing a close eye on the development plan to
make sure it does not have negative impacts for neighbors.
Action:
The Council approved a motion to approve Zone Map Change Petition
#05-REZ-13 to change the zoning of Wake County PIN #’s 0658.10-35-5764;
0658.10-36-5904; 0658.10-36-8871; 0658.10-46-4724 from R-20: Residential to
R-10: Residential as submitted by Sean Dolle of Jones, Cnossen, and Dolle
Engineering.
Motion By:
Womble
Second By:
VanFossen
Vote:
The motion carried a 4-1 vote.
Councilmen Womble, VanFossen, Atwell and Dickson voted for the
motion. Councilman Pearson voted against,
saying he shared some of the concerns of neighbors and the planning board. He added that his negative vote was to simply
put the developer on notice that he would be looking thoroughly at the site
plan.
5f.
Public Hearing: Ordinance 05-11,
UDO Amendment 05-UDO-06 – Mr. Jones explained to the Council that at
the July Technical Review Committee meeting, the committee discussed whether
childcare uses would be an appropriate use in the Community Business
district. He said the Town currently
does not allow for childcare uses in Community Business district, but did allow them in the Local Business
district.
Mr.
Jones said the Community Business district was designed to provide locations
for high-volume and high-intensity commercial uses. The activities in this district are often
large space users, which may include limited amounts of outdoor sales or
outdoor operations.
Mr. Jones said the developments within the
Community Business district shall be coordinated to facilitate vehicular and
pedestrian access from nearby residential districts. He said the TRC determined that if childcare
uses were to be allowed, this type of use should be allowed only as a special
exception use. Therefore, adjacent
businesses and residents would have the opportunity for input, and the use
would have to meet the 10 findings of fact.
Mr. Jones said that staff and the Planning
Board is recommending approval.
With that explanation completed, Mayor Sears opened the
public hearing to accept input. The
following comments were recorded: None.
There being no further comments, the
public hearing was closed.
Action: The
Motion by:
VanFossen
Second By: Pearson
Vote:
Unanimous
A copy of Ordinance 05-11 is
incorporated into these minutes as addendum pages.
5g.
Public Hearing: Growth Plan
Amendment 05-GPA-03, Land Use Element – Ms. Bobber said that in
June 2004, the Land Use Element of the Ten-Year Comprehensive Growth Plan was
adopted by the Town Council upon the recommendation of the Planning Board. She explained that the updates includes an
implementation program to ensure that the Land Use Element was realized. She said one of the implementation items is
an annual review and evaluation of the Land Use Element to ensure that the
text, map, and implementation program stays up-to-date with the Town’s vision
and development activity.
Ms. Bobber said the plan that was adopted
last year included a complete update of the Land Use Element text, which
re-created and re-defined all of the various land use categories included on
the Land Use map, created a new map with an expanded coverage area, and created
an implementation program. During this
annual evaluation, all components of the Land Use Element are to be reviewed
and considered.
She reported that the Planning Board reviewed this item in May 2005 and
recommends approval with modifications, which have been incorporated into the
proposed resolution.
With that explanation completed, Mayor Sears opened the
public hearing to accept input. The following
comments were recorded:
Mike Rarrett,
Ms. Bobber said the area around his subdivision is
designated by the LUP as low-density residential. She added, however, that Old Powell Farm is
not in the Town’s jurisdiction and that there were no plans to annex his
property.
Councilmen stressed that property owners should always
contact the town or councilmen when receiving claims that their properties
would be annexed.
There being no further comments, the
public hearing was closed.
Action: The
Motion by:
Pearson
Second By:
Dickson
Vote:
Unanimous
A copy of Resolution 05-34 is
incorporated into these minutes as addendum pages.
5h.
Public Hearing: Ten-Year
Comprehensive Growth Plan Amendment 05-GPA-04 - Mr. Jones explained to the Council
that starting last October, Town staff has been updating
the Ten-Year Comprehensive Plan from 1998.
Mr. Jones said that the current plan is out
of date and envisions that at a later date the entire document will be
completely over-hauled to reflect the Town’s direction for the future.
Mr. Jones said that in May, the Technical Review
Committee (TRC) began reviewing drafts of revisions to the plan and began
making some modifications to various elements.
In June, the TRC approved the draft modifications and additions that
staff had prepared and motioned to send the updates to the Planning Board for
further review and recommendations.
He reported that the Planning Board has reviewed the Ten-Year
Comprehensive Plan updates and recommends approval.
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
Motion by:
Womble
Second By:
VanFossen
Vote:
Unanimous
A copy of Resolution 05-35 is
incorporated into these minutes as addendum pages.
6.
Consent Agenda: All
items on the Consent Agenda were approved following a motion by Councilman Dickson,
a second by Councilman Atwell and a unanimous vote. The following actions were affected:
6a. Minutes - The Council approved minutes of the
6b. Budget Amendment Reports – The Council
received a report of budget amendments #148 through #193 for FY 2004-05 and for
#1 through #7 for FY 2005-06. Copies of the budget amendment reports are
incorporated into these minutes as addendum pages.
6c. Resolution 05-36 – The Council adopted Resolution 05-36, directing the Town
Clerk to investigate the sufficiency of Annexation Petition A05-15 filed by MSS
Development LLC for the annexation of 17.79 acres and fixing the date of a
public hearing on the question of annexation for
6d. Budget Amendment, $302,400 – The
Council adopted an amendment to the FY 2005-06 budget in the amount of $302,400
to carry certain projects over from last fiscal year to the current fiscal
year. A copy of the budget
amendment is incorporated into these minutes as an addendum page.
6e.
Resolution 05-37 –
The Council adopted Resolution 05-37 accepting the dedication of
6f.
6g. Budget Amendment,
$25,000 – The Council adopted an amendment to the FY 2005-06 budget in the
amount of $25,000 to cover cost of repairs to a fire truck. A copy of the budget amendment is
incorporated into these minutes as an addendum page.
6h.
7a.
Resolution 05-38 Installment Financing with RBC Centura Bank – Mr. Holland explained to the Town
Council that this request is to consider the Town’s entering an installment
financing contract in the amount of $438,000 with RBC Centura Bank to finance a
leaf truck for $108,000, a combination truck for $250,000 and three police
vehicles for $80,000. All purchases are included
in the FY 2005-06 budget.
Mr. Holland said that six banks submitted proposals, but RBC
Centura submitted the lowest bid for a three-year annual payment at a rate of
3.37%.
Action: The
Motion
By: Dickson
Second
By: Womble
Vote: Unanimous
A copy of Resolution 05-38 is incorporated
into these minutes as addendum pages.
7b.
She said Town staff designed the project, prepared the
contract documents, and handled the bid opening process.
Ms. Stephenson said the project is located on the east side
of the Elementary School and includes approximately 400 feet of roadway
extension and a turn-around with 24 new parking places. She said this project is a joint effort with
Wake County School System that will provide a stacking lane for the school and
parking for
Action: The
Motion
By: Atwell
Second
By: Dickson
Vote: Unanimous
Copies of the bid tabulation sheet and budget
amendments are incorporated into these minutes as addendum pages.
7c.
Avent Ferry Pump Station Construction Contract – Ms. Stephenson
explained to the Town Council that this request is for approval to enter a contract
for professional services for construction administration on the Avent Ferry
pump station project. She said the
inspections that are required for this type of project require a registered
professional specializing in the area of pump stations. She said Town staff recommends entering a
contract with Diehl & Phillips, P. A. Consulting Engineers in the amount of
$49,500, which includes contingency.
Ms. Stephenson explained that the contract will include
daily inspections, record drawings, technical support for any necessary field
revisions, inspection of mechanical and electrical components delivered to the
site, installation and function of those same components. She added, plus everything else necessary to
complete the project, the start up and final inspections, processing of pay
requests, field orders, work change directives, and change orders. She said that the Town inspectors will provide
all other required inspections and oversight for this project.
Action: The
Motion
By: Dickson
Second
By: Womble
Vote: Unanimous
A copy of the Diehl & Phillips, P. A.
Consulting Engineers contract is incorporated into these minutes as addendum
pages.
7d.
CAMPO Memorandum of Understanding
– Ms. Stephenson explained to the Council that
this is a request to consider entering a Capital Area Metropolitan Planning
Organization Memorandum of Understanding (MOU). Ms. Stephenson said that the MOU that Capital
Area Metropolitan Planning Organization (CAMPO), has been utilized since 1993 and
is being revised to address the expansion of the Metropolitan Planning
Organization (MPO) into the counties of Franklin, Granville, Harnett and
Johnston, also including the Towns of Angier, Bunn, Clayton, Creedmoor,
Franklin, and Youngsville.
Ms. Stephenson said that the main objectives of the added
communities are for regional planning purposes and as regulated by the EPA, the
communities within a Non-Air Attainment Region shall be included within the
MPO.
She said the Memorandum
of Understanding has been routed through both the CAMPO TCC and the TAC and
recommended for approval.
Action:
The
Motion
By: Pearson
Second
By: Atwell
Vote: Unanimous
A
copy of the Capital Area Metropolitan Planning Organization Memorandum of
Understanding agreement is incorporated into these minutes as addendum pages.
8.
Public Comment: At this time, an opportunity was provided for members of the audience
who had registered to speak to address the Council on any variety of topics not
listed on the night’s agenda. The
following citizens were heard: None.
9.
Other Business: Councilman Womble told Council
members he was concerned about the elderly who are facing the hot temperatures
in homes without air conditioning or fans.
Council members suggested that a link
be provided on the town’s website for Wake County Human Services, which
provides fans for the elderly. Next
year, they said, the cultural center rooms would provide a cool location for
the elderly to go to during the hot days.
For now, they also could go to the
Councilman Pearson asked staff to
look into hiring an in-house construction manager rather than the Town’s hiring
contract administrators for projects. He
said he thought it would result in a cost savings for the Town.
He asked if the Town had considered refinancing
its debt. Mr. Holland said staff has
looked into it. At the moment, he hesitates
to proceed since the Town is looking at financing the wastewater treatment
plant expansion, and increasing current debt to save money may not actually
save the Town money.
Councilman Atwell said he would like
staff to provide gateway scenarios for overhead utility lines.
10.
Manager’s Report: Mr. Dean reminded council members of the
upcoming Rockin’ at the Crossing event.
He explained that the Town will have less involvement in this event as
it is being sponsored by the shopping center businesses.
11. Closed
Session: The Council approved a motion to enter into
Closed Session,
pursuant
to 143-318.11(a)(3) for the purpose of conducting the town manager’s annual
performance evaluation; and pursuant to 143-318.11(a)(5) to discuss with the Town Attorney
under the attorney-client privilege specifics in a matter of potential
litigation and in the matter of a developer agreement for a proposed
development outside of the ETJ area.
Motion By: Womble
Second By: Atwell
Vote: Unanimous
General Account of Closed Session –
In Closed Session, Mayor Sears and the Council reviewed with Mr.
Dean their individual and collective evaluations of his job performance over
the past year. The evaluation was
generally positive, with suggestions for improvement. The Council also directed a 2% salary
increase for the town manager, which was to be communicated to the finance
office and human resources officer.
Mr. Schifano discussed with the Council a contract proffered by
developers of a 295 acre residential subdivision in the Buckhorn Ridge area,
which is not currently in the Town’s corporate limits or extraterritorial
jurisdiction. The proposal by the
landowner consisted of a significant waiver of development fees in exchange for
financial assistance in a regional pump station. Mr. Schifano advised that such an agreement,
while legal, would be a departure from the town’s standard of providing
financial assistance for infrastructure investment only as it relates to
upsizing greater than the amount needed to serve a subdivision. The Council instructed
the town attorney to reject the proposal by the developer.
Mr. Schifano, Mr. Dean, and Mr. Simmons briefed the
-- End General Account
The Board approved a motion to return to Open Session.
12.
Adjournment: There being no further business for
the evening, the
Respectfully
Submitted on
_________________________________
Addendum pages as referenced in these
minutes follow and are a part of the official record