
Regular Meeting
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MINUTES
The Holly Springs Town Council met in regular session on Tuesday, Sept. 20, 2005, in the Council Chambers of Holly Springs Town Hall, 128 S. Main Street . Mayor Dick Sears presided, calling the meeting to order at 7:13 p.m. A quorum was established as the mayor and all four council members were present as the meeting opened.
Council Members Present: Council men Parrish Womble , Ernie Pearson, Peter Atwell , Chet VanFossen and Mayor Sears.
Council Members Absent: Councilman Hank Dickson , (arrived at 7:23 p.m. )
Staff Members Present: Carl Dean , town manager; John Schifano , town attorney; Linda Harper, deputy town clerk (recording the minutes); Gina Bobber , director of planning and zoning; Scott Hammerbacher , planner; Jeff Jones , planner II; Kendra Stephenson , senior engineer; Elizabeth Goodson , development review engineer; Adam Lindsey, project analyst; John Herring, lieutenant; Mark Andrews , public information officer; Cecil Parker , chief of public safety; and Drew Holland , finance director.
2 and 3. The Pledge of Allegiance was recited, and the meeting opened with an invocation by Rev. Horace Ferguson pastor of the Holly Springs United Methodist Church .
4. Agenda Adjustment: The Sept. 20, 2005 meeting agenda was adopted with changes, if any, as listed below.
Motion By: Atwell
Second By: Womble
Vote: Unanimous
Items Added to the Agenda: None.
Consent Agenda Items Removed: None.
Other Changes : None.
5a. Public Hearing: E-18 Elementary School, 05-SEU-08 – Mr. Hammerbacher said the Town has received an application for a special exception use petition 05-SEU-08 for E-18 Elementary School to allow construction of an approximately 100,000-square-foot two-story elementary school on the corner of Cass Holt and Avent Ferry Road. He said the school is to be constructed with a combination of EIFS and brick and a metal roof. The front façade of the school will be orientated toward Avent Ferry Road with the bus loading area located along the rear of the building, which would be accessed from Cass Holt Road .
He said the elementary school is required to provide 140 parking spaces and the plan is proposing 260 spaces to serve the elementary school and future middle school. Therefore, a waiver has been requested to allow the parking to exceed the 150% minimum required parking. Also, a waiver has been requested for reduction of perimeter landscaping along Cass Holt Road from B-150 (semi-opaque) buffer to a B-75 (semi-opaque) buffer. He said the Council previously granted a waiver for the Holly Springs High School to allow a reduction in the same perimeter landscaping buffer requirement.
Mr. Hammerbacher said that the plan also is requesting approval for four modular classrooms to be located adjacent to the outdoor play area along the southwestern façade of the main building for future use.
Mr. Hammerbacher said the student drop-off and parking area will be located between Autumn Park subdivision and the proposed elementary school.
Councilman Atwell asked if stacking has been addressed and is the school campus layout similar to other schools in the area.
Mr. Hammerbacher presented the council with the proposed building elevations of the school.
Elizabeth Goodson of the engineering department said that action item #8, condition 2. c. “ The Industrial Waste Survey short form will be required to be submitted as soon as possible, but no later than at the time of 1 st construction drawing submittal” has been satisfied by the surveyor.
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:
Jeff Hook of 468 Texanna Way asked the Council to review the stacking closely due the current traffic problems and the potential increase traffic that a school would create along Avent Ferry Road . He asked also what was being planned for the current traffic problems along Avent Ferry Road .
Mr. Dean said the Town is currently under contract to construct road improvements starting at Cass Holt Road and along Avent Ferry Road ending at the NC 55 Bypass .
There being no further comments, the public hearing was closed.
Dennis Pitts a representative of Wake County School System introduced Jerry Bradley and Hal Bowen who are also working on this project. He said that the plan is well planned for vehiclar stacking in effects to keep the traffic flowing and to help minimize the traffic congestion at the Cass Holt Road and Avent Ferry Road intersection.
Councilman Atwell said that being the proposed stacking is located in the traffic area is that enough and will it meet the future demands and stacking standards.
Mr. Pitts said that the plan has been reviewed by the NCDOT division and meets the NCDOT stacking standards. He reviewed with the Council the routes to the parking areas serving the elementary and middle schools, and indicated that there should not be any stacking problems.
Councilman Atwell said the calculations that were used to calculate the traffic flow are for both the Elementary and Middle School.
Mr. Bowen said yes the calucations are for both schools and will be sharing one access drive, the traffic formula has worked at other similar schools.
There was discussion among the Council Members and Mr. Bradley about planning and building schools large enouch to meet the population at the beginning, instead of providing space for mobile classrooms. Mr. Bradley said that the mobile classrooms can be moved from time to time as needed when the population frusturates.
Action #1: The Council approved a motion to make and accept the following findings of fact to be recorded in the minutes by the Clerk for Special Exception Use Petition #05-SEU-08 for E-18 Elementary School to allow for an elementary school in the R-10: Residential District as submitted by Jerry Bradley of the Wake County School System, project number CHE18/0428, revised August 8, 2005.
The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare;
The proposed use will not injure or adversely affect the adjacent area;
The proposed use will be consistent with the character of the district , land uses authorized therein, and the Town of Holly Springs Comprehensive Plan ;
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).
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;
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;
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 ;
Utilities, schools, fire, police and other necessary public and private facilities and services will be adequate to handle the needs of the proposed use ;
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,
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: Dickson
Second By: Atwell
Vote: Unanimous
Action #2: The Council approved a motion to make and accept the findings of fact to be recorded in the minutes by the Clerk for Special Exception Use Petition #05-SEU-08 for E-18 Elementary School to allow mobile classrooms in the R-10 Residential District as submitted by Jerry Bradley of the Wake County School System, project number CHE18/0428, revised August 8, 2005.
Motion By: Dickson
Second By: Atwell
Vote: Unanimous
Action #3: The Council having made the findings of fact that the project meets the requirements to grant a Special Exception Use, to approve Special Exception Use Petition #05-SEU-08 for E-18 Elementary School to allow for mobile classrooms as submitted by Jerry Bradley of the Wake County School System, project number CHE18/0428, revised August 8, 2005 .
Motion By: Womble
Second By: Atwell
Vote: Unanimous
Action #4: The Council approved a motion to make and accept the findings of fact to be recorded in the minutes by the Clerk for a variance of the regulations of UDO Section 7.01, Table 7.01-C type and plant value of required landscaping for Special Exception Use Petition #05-SEU-08 for E-18 Elementary School to allow the installation of B-75 landscape buffer along major thoroughfares (Cass Holt Rd.) as submitted by Jerry Bradley of the Wake County School System, project number CHE18/0428, revised August 8, 2005.
Variance Findings of Fact:
The carrying out of the strict letter of this UDO will result in practical difficulties in the development of the property included in the petition;
Approval will observe the spirit of this UDO;
Approval will secure public safety and welfare;
Approval will provide substantial justice;
(a) there are exceptional conditions pertaining to the particular piece of property in question because of its shape, size, or topography, that are not applicable to other lands, buildings or structures in the same district , or (b) there is a peculiar characteristic of a proposed use which makes the application of certain development standards of this UDO, as requested in the petition for variance of development standards , unrealistic;
Granting the variance requested will not confer upon the applicant any special privileges that are denied to other owners or residents of the district in which the property is located;
A literal interpretation of the provisions of this UDO would deprive the applicant of rights commonly enjoyed by other owners or residents of the district in which the property is located;
The requested variance will be in harmony with the purpose and intent of this UDO and will not be injurious to the neighborhood or to the general welfare;
The special circumstances giving rise to the variance request are not the result of the actions of the applicant; and,
The variance requested is the minimum variance that will make possible the legal use of the land, building , or structure .
Motion By: Womble
Second By: Chet
Vote: Unanimous
Action #5: The Council having made the findings of fact that the petition meets the requirements to grant a variance of regulations of UDO Section 7.01, Table 7.01-C type and plant value of required landscaping, a motion to allow a reduction of required perimeter landscaping along Cass Holt Road to be reduced from B-150 (semi-opaque) buffer to B-75 (semi-opaque) buffer for Special Exception Use Petition #05-SEU-08, E-18 Elementary School.
Motion By: Womble
Second By: Chet
Vote: Unanimous
Action #6: The Council approved a motion to make and accept the findings of fact to be recorded in the minutes by the Clerk for a variance of regulations of UDO Section 7.04, E., 3., off-street parking regulations to allow the maximum allowable parking to exceed 150% of required parking as submitted by Jerry Bradley of the Wake County School System, project number CHE18/0428, revised August 8, 2005.
Motion By: Dickson
Second By: Atwell
Vote: Unanimous
Action #7: The Council having made the findings of fact that the petition meets the requirements to grant a variance of regulations of UDO Section 7.04, E., 3., off-street parking regulations, to allow the maximum allowable parking to exceed 150% of required parking for Special Exception Use Petition #05-SEU-08, E-18 Elementary School.
Motion By: Dickson
Second By: Atwell
Vote: Unanimous
Action #8: The Council having made the findings of fact that the project meets the requirements to grant a Special Exception Use, approved Special Exception Use Petition #05-SEU-08 for E-18 Elementary School as submitted by Jerry Bradley of the Wake County School System, project number CHE18/0428, revised August 8, 2005, with the following two conditions:
1. A UDO permit for sign installation, in addition to all other applicable permits will need to be secured prior to any sign installation (temporary or permanent).
2. The following items are to be included on construction drawings later in the approval process:
Provide a 20' access drive to the main entrance of the building to provide adequate access for all emergency vehicles to access the building and fire hydrants.
The sidewalk along Avent Ferry Road shall be 8' wide to accommodate the Town's plan for pedestrian and bicycle facilities along this roadway. Show the 8' sidewalk on the plans.
The Industrial Waste Survey short form will be required to be submitted as soon as possible, but no later than at the time of 1 st construction drawing submittal. This condition has been satisfied by the surveyor.
A hydrology report was submitted and reviewed by the Town. The following items need to be addressed on the first construction drawing submittal:
1. Drainage area map for entire site and the individual inlets.
2. Clarify if a hydrologic diversion from the existing conditions is being proposed.
3. A full drainage summary table will need to be submitted that includes input and output calculations
4. Submit all hydrologic and hydraulic calculations for stormwater devices.
5. Evaluate the hydraulic grade line through each of the systems.
6. Due to existing downstream concerns, evaluate the post development.
Motion by: Dickson
Second By: Atwell
Vote: Unanimous
A copy of the E-18 Elementary School Petition 05-SEU-08 and other materials entered into the record by the applicant addressing the findings of facts are incorporated into these minutes as addendum pages.
5b. Public Hearing: Little Treasures Daycare, 05-SEU-09 - Mr. Hammerbacher reported that the Town has received an application for a special exception use petition 05-SEU-09 for Little Treasures Daycare. He said the applicant is proposing to operate a family child care home in her residence located at 322 Commons Drive in the Arbor Creek PUD. He said the Town's Unified Development Ordinance (UDO) permits a maximum of eight children to be cared for within a family child care home. The hours of operation for the proposed business would be from 7 a.m. until 9 p.m. , Monday through Friday.
Mayor Sears asked Mr. Hammerbacher how many children will be kept at the resident.
Mr. Hammerbacher said that the State allows five school aged children and three under school age children kept in a home day care.
Councilman VanFossen asked Mr. Hammerbacher what were the Arbor Creek Homeowners Association comments of operating a day care center at that particular location.
Mr. Hammerbacher said that the applicant has a letter from the home owner stating his approval.
Councilman Pearson asked Town staff if the surrounding residence was notified of this public hearing.
Mr. Hammerbacher said that all the surrounding neighbors received a notice of this special exception use request.
Councilman VanFossen asked the town attorney if the Town will be held liable upon approval of this request.
Mr. Schifano said that there is no liability toward the Town.
With that explanation completed, Mayor Sears opened the public hearing to accept sworn testimony and qualified evidence. Speakers spoke under oath administered by the Clerk. The following testimony was recorded:
Ava Williams of 322 Commons Drive said that she has received approval from the Arbor Creek Homeowner Association to build a fence in the back yard for the day care. The Homeowner Association is aware of the plan to operate a day care center and is waiting approval from the Town of this request to erect the fence.
There being no further comments, the public hearing was closed.
Councilman Atwell asked Town staff what is the inspection process for a facility like this.
Mr. Schifano said that the applicant will apply for a Town's privilege licence and the facility will receive an annual inspection by the fire marshall , with the exception of meeting the ADA requirements.
Ms. Williams said the facility will also receive a monthly unannounced inspection from the State inspector.
Action #1: The Council approved a motion to make and accept the following findings of fact to be recorded in the minutes by the Clerk for Special Exception Use Petition #05-SEU-09, Little Treasures Daycare at 322 Commons Drive to allow for a family child care home as submitted by Ava Williams.
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: Womble
Second By: Pearson
Vote: Unanimous
A copy of Little Treasures Daycare Petition 05-SEU-09 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: The Council h aving made findings of fact that the project meets the requirements to grant a Special Exception Use, approved Special Exception Use Petition #05-SEU-09 for Little Treasures Daycare, located at 322 Commons Drive , as submitted by Ava Williams, with the following two conditions:
1. A UDO permit for sign installation, in addition to all other applicable permits will need to be secured prior to any sign installation.
2. All additional state and local permits and approvals will be required prior to the business opening.
Motion by: Womble
Second By: Pearson
Vote: Unanimous
5c. Public Hearing: 05-REZ-14, Rosewood Center, Tract 1 - Mr. Jones said the Town has received a petition requesting to rezone 3.10 acres located at Rosewood Center across from Arbor Creek subdivision from CB: Community Business to LB: Local Business.
Mr. Jones said the rezoning request is considered down zoning, or going from a higher intensity use zoning to a lower intensity use zoning.
Mr. Jones said that staff and the Planning Board has reviewed the petition and recommends 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 Council approved a motion to approve Zone Map Change Petition #05-REZ-14, Rosewood Center, Tract 1 to change the zoning of 3.10 acres of Wake County PIN #: 0740.04-92-4001 from CB: Community Business to LB: Local Business as submitted by Bunn Olive.
Motion by: Womble
Second By: Dickson
Vote: Unanimous
5d. Public Hearing: Growth Plan Amendment 05-GPA-05, Village District Area Plan - Mr. Jones said that staff, along with Land Design and an Advisory Committee, developed the Village District Area Plan over a five-month period, which included three public meetings receiving input from the residents at critical points in the process.
Mr. Jones requested the Town Council to hold the public hearing and delay action of adopting Resolution 05-42 approving the Growth Plan Amendment until another Town Council meeting to incorporate corrections and further comments from the public and the Council's into the plan.
Meg Nealon a representative of Land Design said that she was one of three firms assisting to design the Village District Area Plan. Ms. Nealon at this time presented the Town Council with a power point presentation that described the following concepts:
Goals of the Village District Area Plan;
Market analysis, conclusions and market recommendations;
Review of the Core area plan;
Transportation, access, traffic circulation and road connections;
Sidewalk improvements;
Gateway, street, streetscape and parking;
Intersection of Ballentine Street and Main Street improvements;
Infill development and redevelopment as to residential subdivisions with the shared parking concept;
Zoning Regulations – determine specific modifications to zoning regulations to assist development of the Village District Area.
Councilman Womble asked the location of the proposed Community Center.
Ms. Nealon said the proposed community center is to be located on the corner of W. Ballentine St and Avent Ferry Rd.
There were discussions regarding the calculations used for marketing of townhomes and condominiums.
With that explanation completed, Mayor Sears opened the public hearing to accept input. The following comments were recorded:
Jeff Leroy of 109 Meadow Springs Count commented that he was impressed with the proposed plan and that he liked what was being proposed for the downtown area. He said Town staff and the consultants had done a good job in working with the citizens and the process for developing the plan.
Mr. Jones said that the plan revisions will be back to the Town Council for final review and approval at a later meeting.
There being no further comments, the public hearing was closed.
A ction: The Council approved a motion to delay action of the Growth Plan Amendment #05-GPA-05 to add the Village District Area Plan to the Town of Holly Springs Ten-Year Comprehensive Growth Plan , Land Use Element until a later Town Council meeting in October.
Motion by: Dickson
Second By: Atwell
Vote: Unanimous
6. Consent Agenda: All items on the Consent Agenda were approved following a motion by Councilman Womble, a second by Councilman Atwell and a unanimous vote. The following actions were affected:
6a. Resolution 05-43 - The Council adopted Resolution 05-43, a reimbursement resolution for the cultural center project . A copy of Resolution 05-43 is incorporated into these minutes as addendum pages.
6b. Resolution 05-44 – The Council a dopted Resolution 05-44, to retire Ranger, the town's K-9, and authorize his sale to his handler, Officer Chris Poston, and adopt an amendment to the FY 2005-06 budget in the amount of $8,000 to cover the cost of buying, training and equipping a new K-9. A copy of Resolution 05-44 is incorporated into these minutes as an addendum page.
6c. Budget Amendment Reports – The Council received a report of budget amendments #8 through #18 for FY 2005-06. A c opy of the budget amendment report is incorporated into these minutes as an addendum page.
6d. Budget Amendment, $1,200 – The Council adopted an amendment to the FY 2005-06 budget in the amount of $1,200 to cover the cost of water line for the Holly Springs Elementary School loop improvements. A copy of the budget amendment is incorporated into these minutes as an addendum page.
7a. Main Street Sidewalk Bid Award – Ms. Stephenson said that this request is for the Council to consider awarding a bid to the low bidder for the Main Street sidewalk project. She said staff has completed an in-house design and prepared a contract, which received insufficient bids a couple of times previously.
Ms. Stephenson said that the Town has received sufficient informal bids for the Main Street sidewalk from Eckerd Drug Store to Dewar's Florist. She said that staff is recommending to award the bid to Narron Construction who offered the lowest bid of $93,000, plus 10% contingency totaling to $103,000 and to adopt the related budget amendments.
Action: The Council approved a motion to award the bid for the Main Street sidewalk project to the low bidder of Narron Construction in the amount of $103,000, which includes 10% contingency and adopt related budget amendments.
Motion By: Van Fossen
Second By: Dickson
Vote: Unanimous
Copies of the bid tabulation sheet and budget amendments are 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:
John Moore of 3804 Mason Road a resident of New Hill requested the Council to consider two options regarding the proposed Regional Wastewater Treatment Plant facility site. He suggested option one: that the Town not to purchase wastewater capacity and the second option: to resolve selecting an alternate site for the proposed Regional Wastewater Treatment Plant facility.
Mr. Dean said the letter or information from the Western Wake Partners website that Mr. Moore is referencing contains incorrect information regarding the Town's participation in the site selection process.
He said the committee evaluated 30 possible sites to locate the proposed regional wastewater treatment plant and at the same time the Town was evaluating other possible options of their own.
9. Other Business: Councilman Atwell acknowledged Town staff, the parents and the employees of the Montessori School for doing a good job of developing and the work done so quickly at the Southern Wake Montessori School site located on Avent Ferry Road .
Councilman Womble asked how many years the Town intents to use the W. E. Hunt Center .
Mr. Dean said that the Town is proposing to start construction on the new community center in the year of 2007 and the Town has not made a firm decision.
Councilman Womble said if the Town is planning to continue to use the W. E. Hunt Center there are several repairs that needs to be done, such as, remove the lead in the pipes in the bathrooms and repair a broken window in the cafeteria.
Councilman Womble asked the status of the BFI landfill and the progress of purchasing the property.
Mr. Dean said that the mayor has received a letter from BFI requesting for an extension of time to their franchise agreement and he will be distributing copies to Council members at a later time.
Councilman VanFossen said that he had spoken with the developer of Twelve Oaks subdivision and he said that he would like to be able to haul his debris to the BFI site and it would benefit him.
The Councilmen discussed the placement of “Town Hall/Police” directional signs at different locations along the NC 55 Bypass and at New Hill Road .
10. Manager's Report: Mr. Dean said that the Holly Springs Storm Aid Hurricane Katrina Relief Effort event was a success and the Town staff who volunteered did a great job.
11. Closed Session: The Council approved a motion to enter into Closed Session, pursuant to 143-318.11(a)(3) to discuss with the town attorney under the attorney-client privilege specifics in the matter of the South Wake County Landfill.
Motion By: Atwell
Second By: VanFossen
Vote: Unanimous
General Account of Closed Session – September 20, 2005
In Closed Session, the Town Council consulted with the town attorney regarding the legal options that the town might have with respect to the continued opposition of the South Wake Landfill and the proposed inter-local agreement for a 25-year disposal contract with the County. No action was taken, however each Council Member expressed their concerns over the economic effect of entering such a long term contract.
-- End General Account
Action: The Council approved a motion to return to Open Session.
Motion By: Womble
Second By: Atwell
Vote: Unanimous.
In open session, Councilman Atwell asked to discuss the position of the public information officer. He stated that it was his belief when the position was formed that the public information officer (PIO) should be the coordinator of the media, which would free up the mayor from the rigors of dealing with the various media outlets. Councilman Pearson concurred, stating that his experience was that when a media contact was initiated during his tenure at the Department of Commerce, it was that department's policy to refer the call to the PIO who would then either arrange an interview with the proper party, or handle the matter themselves. No action or decision was reached as a result of the discussion.
12. Adjournment: There being no further business for the evening, the Sept. 20, 2005, meeting of the Holly Springs Town Council was adjourned following a motion by Councilman Womble, a second by Councilman Atwell and a unanimous vote.
Respectfully Submitted on Tuesday, Oct. 4, 2005 .
_________________________________
Linda R. Harper , CMC, Deputy Town Clerk
Addendum pages as referenced in these minutes follow and are a part of the official record