Regular Meeting
MINUTES
The Holly Springs
Town Council met in regular session on
Council Members Present: Councilmen
Council Members Absent: None.
Staff Members Present:
Carl G. Dean, town manager;
2 and 3. The pledge of allegiance was recited, and the
meeting opened with an invocation by Rev. Ross Carter, pastor of
4. Agenda Adjustment: The
Motion
By: Dickson
Second
By: Womble
Vote: Unanimous
Items
Added to the Agenda: None.
Consent
Agenda Items Removed: None.
Other
Changes: None.
5a.
Public Hearing: Beal Tract Rezoning Petition, 04-REZ-16 - Mr. Jones explained that this request
is for rezoning of 5.47 acres located near the intersection of Bass Lake Road
and Holly Springs Road from R-20 Residential to LB: Local Business. He said the property is located within Holly
Springs ETJ and that the request would be in compliance with the Land Use
Element of the Comprehensive Growth Plan, which designates this area for mixed uses
and businesses.
Action: Councilman VanFossen requested and was granted
by motion of the board to be recused from discussion and action on this topic.
Motion
By: Atwell
Second
By: Womble
Vote: Unanimous
With that explanation completed, Mayor Sears opened the
public hearing to accept input. The
following comments were recorded:
Jason Fowler,
Tracy Chase,
Rich Percy,
There being no further comments, the public hearing was
closed.
Councilman Atwell asked about the zoning of a narrow strip
of land that edges this property at
Mr. Jones said that the property is owned by a separate
owner and that it is such a narrow strip that it is virtually unusable.
Action: The Council approved a motion to approve rezoning
petition 04-REZ-16 to change the zoning of Wake County PIN # 0659.14-32-0955
from R-20: Residential to LB: Local Business as submitted by
Motion
By: Pearson
Second
By: Dickson
Vote:
Unanimous
Councilman
Pearson noted that he is cognizant of statements made by residents in the
public hearing, but as pointed out by Councilman Atwell, the question before
the Council is one of rezoning. Most of
the concerns expressed during the hearing, he said, would be addressed at the
site plan stage, later in the meeting.
At this
time, Councilman VanFossen was readmitted into the meeting following a motion
by Councilman Atwell, a second by Councilman Womble and a unanimous vote.
5b.
Public Hearing: Annexation
Ordinance A05-1, Beal Tract – Mr. Jones explained that the Town has received a petition
for voluntary annexation from HS Ventures, LLC, for 5.47 acres located along Holly
Springs Road. The petition meets all the
statutory requirements for annexation, Mr. Jones reported.
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 Council approved a motion to adopt Annexation Ordinance A05-01 annexing
5.47 acres owned by HS Venture, LLC., and more particularly described as Wake
County Pin(s): 0659.14-32-0955, into the corporate limits of the Town of Holly
Springs
Motion By:
Atwell
Second
By: Dickson
Vote:
Unanimous
A copy of Annexation Ordinance
A05-01 is incorporated into these minutes as addendum pages.
5c.
Public Hearing: Resolution 05-04, Closing of
Ms. Powell said the right-of-way was reserved, but
She said that following a 30-day appeal period, the property
containing the right-of-way would revert back to the ownership of the property
owners on either side of the right-of-way upon recordation of this order.
With that explanation completed, Mayor Sears opened the
public hearing to accept input. The
following comments were recorded:
Joan Underwood,
There being no further comments, the public hearing was
closed.
Action:
The Council approved a motion to adopt Resolution 05-04, an order to
close and abandon unused road right-of-way known as
Motion
By: Womble
Second
By: VanFossen
Vote: Unanimous
A copy of Resolution 05-04 is
incorporated into these minutes as addendum pages.
5d.
Public Hearing: Resolution 05-05, Closing of
Ms. Powell said that a developer agreement with the former
owner of the G&G Properties site states that the Town would abandon the
unused right of way upon request. He has
sold the property and requests that the right-of-way be abandoned and that the
appropriate portion of the right-of-way be transferred to the new owner.
She said that staff recommends approval of the 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 Council approved a motion to adopt Resolution 05-05, an order to
close and abandon unused road right-of-way located between the properties owned
by Warp Technologies and Inja Woo (formerly owned by G&G Properties).
Motion By:
Dickson
Second
By: Atwell
Vote: Unanimous
A copy of Resolution 05-05 is
incorporated into these minutes as addendum pages.
5e.
Public Hearing: American Pride Carwash, 04-SEU-05 – Mr. Hammerbacher said that the
petitioner is requesting to construct a seven-bay carwash facility located on
an .865 acre site. He said the project would consist of five self-service bays
and two automatic car wash bays. Located
between the automatic and self-service carwash bays would be a mechanical room.
He said the plan also calls for three vacuum service stations located in the
northern portion of the site.
Mr. Hammerbacher said that the project is located within a gateway
corridor and is therefore subject to a higher degree of architectural
standards. He said the facility would be constructed primarily with an oyster-colored
brick and a
He reported that the Planning Board had reviewed the
petition and recommends approval with conditions.
Councilman VanFossen said he agreed that a center driveway
would be preferred over the Town’s usual requirement that driveways be placed
at side boundary lines and shared whenever possible.
With that explanation completed, Mayor Sears opened the
public hearing to accept sworn testimony and qualified evidence as to whether
the project would meet the requirements to be designated a special exception
use. The Town Clerk administered the
oath, and the following testimony was recorded:
Randy Miller, Thompson & Associates – Mr. Miller explained that a car
wash use is unique to the Town’s standard that shared driveways are to be used
whenever possible. He said the one
center driveway would provide for safer flow of traffic as vehicles enter and
exit the site and circulate within it.
There being no further testimony, the public hearing was
closed.
Councilman Pearson said he does not feel a car wash is a
good type of development to be placed at the Town’s gateway entrances. He said new construction on car washes always
looks good, but over the years, it may not be maintained adequately and may
fall into disrepair.
Councilman Atwell said he initially had the same impression,
but feels comfortable with the plan because the design is good, the developer’s
track record is positive and the location on and facing a side street would make
the car wash far enough removed from the intersection that it might not be
considered part of the gateway.
Action #1:
The Council approved a motion to make and accept the following findings of fact to be recorded in the minutes
by the Town Clerk for Special
Exception Use #04-SEU-05 for American Pride Carwash as submitted by Thompson
& Associates, Inc., Project Number 04-133, revised
a. The proposed use will not be injurious to the public health, safety, comfort,
community moral standards, convenience or general welfare;
b. The proposed use will not injure or adversely affect the adjacent area;
c. 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: VanFossen
Second By: Atwell
Vote: 4-1.
Councilmen Womble, VanFossen, Atwell and Dickson voted for.
Councilman Pearson voted against, saying that he did not
find that the plan would be consistent with the character of the district, land uses authorized therein, and the Town
of
Action #2:
The Council, having made findings of fact that the project meets the
requirements, approved a motion to grant a Special Exception Use, 04-SEU-05 for
American Pride Carwash as submitted by Thompson & Associates, Project
Number 04-133, revised
1.
If
stormwater cannot be sent to rear of site, stormwater may have to be retained
onsite before it gets to
2.
A
UDO Permit for sign installation in addition to all other applicable permits
will need to be secured prior to sign installation.
Motion
By: VanFossen
Second
By: Atwell
Vote: 4-1.
Councilmen Womble, VanFossen, Atwell and Dickson voted for. Councilman Pearson voted against.
A copy of Special Exception Use
application 04-SEU-05 is incorporated into these minutes as addendum pages.
5f.
Public Hearing:
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:
None.
6.
Consent Agenda: All items on the
Consent Agenda were approved following a motion by Councilman Atwell, a second
by Councilman Womble and a unanimous vote.
The following actions were affected:
6a.
Unseal Closed Session Minutes – The Council directed that the following
Closed Session minutes previously approved and sealed by the Town Council be
unsealed and included in the open public record: May 3, 1994; August
2, 1994; April 16, 1996; May 21; June 4, 1996; Jan. 7, 1997; June 3, 1997; Oct.
21, 1997; Nov. 11, 1997; Feb. 3, 1998; and March 17, 1998.
6b. Budget Amendments #29 through #35 – The Council received and approved a report of FY 2004-05 budget
amendments #29 through #35. A copy of budget amendments #29
through #35 are incorporated into these minutes as addendum pages.
6c. Powell Bill Funds Budget Amendment – The Council adopted an amendment
to the FY 2004-05 budget assigning Powell Bill Funds to the Public Works salary
line item to cover costs of the Town’s sidewalk construction crew. A copy of the budget amendment is incorporated
into these minutes as an addendum page.
6d. Well Site No. 5 – The Council received a report of
conveyance to the original owner of .77 acres that is no longer used by the
Town as a water well site, pursuant to a reversion clause on the deed.
6e. Central Services
Budget Amendment – The
Council adopted an amendment to the FY 2004-05 budget to replenish the Central
Services Contract Services line item following installation of Wind
Channel. A copy of the budget
amendment is incorporated into these minutes as an addendum page.
6f. Police Station
Construction Contract Change Order – The Council approved a police station construction
contract change order in the amount of $1,850 for alteration in duct work. A copy
of the police station construction contract change order is incorporated into these
minutes as addendum pages.
6g. Financial Audit Contract – The Council
approved an amendment to the Town’s financial audit contract with Duke and
Associates to extend the completion date to
6h. Minutes - The minutes of the Board’s regular
meetings held on
7. Pre-treatment/FOG (fats, oils,
grease) Program Presentation – Mr. Dangerfield explained to the Council that as a
requirement for our wastewater collection system permit and to protect our
wastewater stream from certain pollutants, it will be necessary to implement a
Pretreatment / FOG (fats, oils, and grease) program.
Ms. Moore went on to explain the
importance of a pre-treatment system and a FOG program. She said the Department of Water Quality is
working to educate the public about the programs and is contacting local businesses
and restaurants that might be affected.
She noted that, as the program is
implemented, the Town’s sewer use ordinance may need to be amended to adjust
allowable flows of grease or to address enforcement.
Action:
None.
8a.
Action: The Council approved a motion to enter a
professional service contract with Wetherill Engineering in the amount of $24,998
for design of the
Motion
By: Pearson
Second
By: Womble
Vote: Unanimous
A
copy of the Wetherill Engineering contract is incorporated into these minutes as addendum pages.
Action: Councilman VanFossen requested and was
granted by motion of the board to be recused from discussion and action on the
following topic.
Motion
By: Atwell
Second
By: Womble
Vote: Unanimous
8b.
Beal Tract, 04-MAS-09 – Mr. Hammerbacher
said that this proposal is for approval of a master subdivision plan for an
incremental non-residential subdivision for property located at
Addressing some of the concerns raised
during the public hearing, Mr. Hammerbacher noted that the UDO would require an
opaque 20-foot property buffer, which would mean that 80% of the trees would
have to be evergreen with between 9 and 10 evergreens planted per 100 feet; a
berm is not required, but the developer would have the option of providing a
berm either in lieu of or in addition to some of the required plantings; and,
as for the light source, there is a 400-watt maximum at the property line.
Action: The Council approved a motion to approve
Preliminary Plan #04-MAS-09 for the Beal Tract as submitted by Thompson &
Associates, Project Number E04-130, date revised
1.
Documentation
will need to be provided of approval of the intersection alignment by NCDOT of
Bass Lake Road and
2.
The
open space requirement imposed by the UDO shall be fulfilled during Development
Plan Review.
3.
A
Master Sign Plan shall be submitted prior to or in conjunction with the first
Development Plan for this integrated center.
4.
A
UDO permit for sign installation must be submitted to and approved by the
Department of Planning & Zoning prior to the installation of any signage-
temporary or permanent.
5.
A
request for a developer agreement on behalf of the developer will be presented
at a later date to the Town Council for this plan. The agreement is tentatively planned to cover
infrastructure improvement requirements.
Until such time as an agreement is approved by the Town Council, (if it
is approved), all infrastructure improvements as shown on the plan are required
to be constructed by the developer.
6.
Provide
back up documentation if the environmental buffers differ from the USGS and
Soils maps.
7.
Prior
to construction drawing submittal, an update to the Gable Ridge drainage basin
flood study will be required to be completed and approved by the Town. This study must demonstrate no rise in all
downstream areas.
8.
The
following items are to be included on construction drawings (later in the
approval process):
·
Documentation
that fire hydrant layout complies with the Town Standards.
Motion By: Atwell
Second
By: Womble
Vote: Unanimous
At this time, Councilman VanFossen
was readmitted into the meeting following a motion by Councilman Atwell, a
second by Councilman Womble and a unanimous vote.
10. 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.
11. Other Business: None
12. Manager’s Report: Mr. Dean reminded the Council of the upcoming Chamber of
Commerce banquet and the winter retreat. Councilman Womble requested that the
Council add use of the Town parking lot as a through-street to the retreat
agenda.
Councilman
Atwell asked if the directional sign on the Bypass could be adjusted to
illustrate to motorists that they can go either straight or turn left to get to
13. Closed Session: None.
14. 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