Regular Meeting
MINUTES
The Holly
Springs Town
Council Members Absent: Councilmen
Staff Members Present:
2 and 3.
The Pledge of Allegiance was recited, and the meeting opened with an
invocation by Rev. Sam Gore of Salt and
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: Advance Auto
Parts, 05-SEU-03 – Mr.
Hammerbacher said the Town had received an application for a Special Use
Exception to allow for an automotive parts store in a Local Business District.
Special Exception Use application 05-SEU-03
for Advance Auto Parts proposes a 7,000 square foot automotive parts store
located on the southwest corner of
Mr. Hammerbacher said the auto parts retail businesses are
allowed in the Local Business zoning district as special exceptions; therefore,
the Council must make certain findings of fact that the use will qualify as a
special exception and then take action on granting the special exception.
Mr. Hammerbacher said the project meets the Town’s development
standards with the exception that the applicant is requesting a waiver of the UDO
regulations in order to allow a wall sign to increase the allowable surface
area from five percent (5%) of the front façade to approximately twenty percent
(20%). He said the developer also is
requesting the use of a tube light along the front façade along the sign area,
which requires specific approval by the Town Council to determine if it would
be an integral architectural element of the building.
Mr. Hammerbacher said the Planning Board and town staff had
reviewed the application and recommend approval.
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:
Mr. Loftee Smith,
Mr. Sam Holder, Dobson, NC – Mr. Holder is
the developer of the Advance Auto site.
He added that the model store being proposed is a new prototype for the
Advance company. Even though the
developer is offering an alternate sign design, he asked that the Council look
favorably on the original sign design as the red background with yellow
lettering is a recognized branding symbol for the company.
Councilman Pearson said he supports the
siting of the Advance Auto store in
Councilman Dickson agreed, as did
Councilman Atwell, that the alternate sign design was preferable to the
original provided.
Joe Signoretti – Mr. Signoretti,
who is a member of the Planning Board, reported that the Planning Board preferred
the alternate sign design because the version with the bright red background
was too bold for the design of the building and for
He reported that during discussion of the
application, the Planning Board also discussed pedestrian safety around the
proposed site and recommended that a sidewalk be installed along the property
line at Springstone Drive; whether oil changes and auto repair would be
conducted at the site, and the applicant advised there would not be this type
of activity; whether the building could be shifted on the lot farther away from
Main Street; and the size of the wall sign and the light bar feature.
Councilman Dickson suggested that the
landscaping on the plan be redistributed in such a way to provide additional
screening of the service areas of the site.
Councilman Atwell said he felt it would be
better to simply request the developer to add landscaping rather than
redistribute what was required.
Councilman Atwell said he did not like
appearance of the rear of the building, which might be visible from the
Mr. Hammerbacher said staff had
communicated to the developer that the rear of the buiding could be improved
with herringbone pattern in the brickwork.
Mr. Holder told the Council that staff had
communicated to him the idea of improving the appearance of the rear
elevation. The final plans, he said,
show improved brickwork.
There
being no further comments, the public hearing was closed.
Action #1:
The Council approved a motion to make and accept the findings of fact to
be recorded in the minutes by the Town Clerk for Special Exception Use Petition
#05-SEU-03, Advance Auto Parts, to allow for an automotive parts (new)
retailer, as submitted by Withers & Ravenel Inc., Job #205129, Revised
Motion By:
VanFossen
Second By:
Dickson
Vote:
Unanimous
The Council found that:
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.
Action #2:
The Council approved a motion agreeing that the request does not meet
the eighth of 10 findings of fact, that the requested variance would be in harmony with the purpose and intent of the
UDO and would not be injurious to the neighborhood or to the general welfare;
therefore, the Council denied a waiver allowing the building sign to exceed the
maximum surface area of five percent (5%) of the front façade and directed that
the developer use the more-subdued sign design as presented as an alternate on
the plan as submitted by Withers & Ravenel Inc., Job #205129, Revised May
9, 2005.
Motion By:
VanFossen
Second By:
Pearson
Vote:
Unanimous
Action #3:
The Council approved a motion to deem use of a light bar fixtures for
Special Exception Use Petition #05-SEU-03 Advance Auto Parts as an integral
architectural element as submitted by Withers & Ravenel Inc., Job #205129,
Revised
Motion By:
Atwell
Second By:
Womble
Vote:
Unanimous
Action #4:
The Council, having made the necessary findings of fact, approved a
motion to grant Special Exception Use Petition #05-SEU-03 as submitted by
Withers & Ravenel Inc., Job #205129, revised
- A
UDO permit for sign installation in addition to all other applicable
permits will need to be secured prior to any sign installation.
- Require
revised landscape plan and elevations indicating additional B-150 landscape
buffer in quadrant S-3.
Motion By:
Atwell
Second By:
Dickson
Vote:
Unanimous
A copy of 05-SEU-03 Advance Auto
Parts petition addressing the findings of fact is incorporated into these
minutes as addendum pages.
5b.
Public Hearing: Kids Inc.,
Special Exception Use petition 05-SEU-05
for Kids Inc. requests permission to operate a family child care home at the
applicant’s residence located at
Mr. Hammerbacher said the hours of operation for the
proposed business would be from
Mr.
Hammerbacher said that staff and the Planning Board had reviewed the petition
and recommend approval with conditions.
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.
There being no comments, the public hearing
was closed.
Action #1: The Council approved a motion to make and accept the findings
of fact to be recorded in the minutes by the Town Clerk for Special Exception
Use Petition #05-SEU-05 for Kids, Inc. to allow for a family child care home at
Motion by:
Dickson
Second By:
Atwell
Vote:
Unanimous
The Council found that:
- 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
- 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.
Action #2: Having made the necessary findings of fact, the
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:
Atwell
Vote:
Unanimous
A copy of Special Use Exception
application 05-SEU-05 addressing the findings of fact is incorporated into
these minutes as addendum pages.
5c. Public Hearing: Union Ridge Development Plan, 05-DP-05 – Mr. Hammerbacher said the Town has
received proposed development plan 05-DP-05 for a subdivision to be called Union
Ridge. The developer also has submitted
a request for a waiver of UDO regulations to be allowed to use development
incentives.
He
said the plan proposes 221 residential lots on approximately 105 acres, with an
average lot size of 12,036 square feet. He said the lot sizes range from 7,500 square
feet to 24,545 square feet in size.
Mr. Hammerbacher said the zoning for the property is R-10
Conditional Use with the following conditions:
1. Total
Project Density will not exceed R-15 (2.25 units per acre) standards
2. On parcel
0637.02-79-8419, the density will not be more than 2 units per acre.
Mr. Hammerbacher said
that the Planning Board has reviewed the application and staff recommends
approval with the updated information and clarifications provided since the
Planning Board's May meeting.
Mayor Sears said he
understood from conversations among staff and neighboring residents that there
may be a historical cemetery dating to the Civil War on the property. He asked if anyone knew more about that
possibility.
Ms. Powell explained that
staff had been advised by the previous owner of the property and neighboring
property owners that there are gravesites on the site that date back to a month
before the Civil War ended when the site was used by the Union Army as an
encampment and field hospital following the Battle of Bentonville in Johnston
County. She said the rumors had not been
substantiated as the property is privately owned; she added that the property
owner/developer had indicated that he would work with the Town to determine
whether or not there were gravesites and that he would be willing to preserve the
site of any graves that were found.
Councilmen asked how many
graves were rumored to be on the property.
Ms. Powell said she did
not know how many, but had heard everything from a few to 160.
With that explanation completed,
Mayor Sears opened the public hearing to accept input. The following comments were recorded:
He also addressed
questions the Council had about streams running through the property.
Bunn Olive – Mr.
Olive is the onwer and developer of the Union Ridge site. He said he could find any record of any Civil
War activity that would have resulted in 160 graves on his property.
Mark Mazonic,
There being no further comments, the public
hearing was closed.
Councilman
Atwell said he wanted to table approval of the subdivision until research was
more conclusive.
Councilman Pearson said it was not
reasonable to make a developer wait while a determination was made, especially
when the purported location of any gravesites was located in a later phase of
the project. He said he would be
inclined to agree with staff and provide approval of the plan with the
stipulation that the developer work with the Town in the preservation of any
gravesites that may be found. He added
that the existence of the gravesites was questionable and that the plan
approval should not be delayed on the basis of an unfounded rumor.
Councilman Dickson said if
gravesites were found, he felt strongly that they should be preserved on-site
and not moved to another location.
Action: The Council approved a motion to defer action
on the development plan until the developer/owner could provide evidence from a
site archeological test that the gravesites either do or do not exist.
Motion
by: Atwell
Second
by: Dickson
Vote: The motion carried following a 3-2 vote. Councilmen Atwell, Dickson and VanFossen
voted for the motion. Councilmen Womble
and Pearson voted against.
5d. Public Hearing: Forest Springs Development Plan, 05-DP-06 – Mr. Hammerbacher said the Town had
received 05-DP-06, a proposed development plan for a subdivision to be called
Forest Springs.
He
said the plan proposes to subdivide an approximately 80-acre parcel into 160 single-family
lots and construction of 100 multi-family town homes. He said the lot sizes for the single- family
lots range from 7,500 square feet to 13,458 square feet. He said the townhomes are to be two stories
with front-loaded garages.
Mr. Hammerbacher explained that the Forest
Springs development would be located off of
Mr.
Hammerbacker said the applicant is requesting a waiver of UDO regulations to
allow for the use of development incentives and approval of the development
plan.
He said the Planning
Board has reviewed the application and recommends approval with conditions and
staff recommends approval with the updated information and clarifications
provided since the Planning Board's May meeting.
In going into details on
the proposed plan, Mr. Hammerbacher said that the plan proposes that 30 acres
of the 80-acre site is intentended for passive open space; he pointed to an
area on the site plan that has been graded out as a potential recreation site,
which possibly would include a swimming pool; in the multi-family section, he
said, off-street parking for overflow parking will be available in parking
lots; natural buffer with additional landscaping to meet UDO requirements would
be provided; vinyl siding would not permitted on the townhomes, which would
have to meet higher architectural standards; the town homes would have
front-loaded garages and driveways; and exteriors would provide an interesting
and attractive mix of materials.
Mr. Hammerbacher said the
site plan would be what the developer would be requesting approval for, not as
illustrated in the elevations.
Mr. Hammerbacher said
staff had made the same suggestion, but that the developer cited cost constraints.
With that explanation completed,
Mayor Sears opened the public hearing to accept input. The following comments were recorded:
Tom Spaulding of Spaulding and Norris -- Representing the
developer, Mr. Spaulding explained that his firm intended to provide public
streets within the townhome section. He
said the Town’s ordinances, as written with setbacks, etc., almost encourage
stall-type parking in front of units; however, he felt the Forest Springs plan
was unique in that it created public roadway and driveways, along with
off-street parking lots for units to use as guest parking.
There being no further comments, the public
hearing was closed.
Action #1: The
Motion by:
Pearson
Second by:
Womble
Vote:
The motion carried following a 3-2 vote. Councilmen Pearson, Womble and VanFossen voted
for the motion. Councilmen Atwell and
Dickson voted against.
The prevailing
motion of the
1)
The use of area properties will not
be adversely affected.
2)
The proposed development will be in
compliance with the Minimum Development
Requirements set forth in UDO Section 2.09, B.
3)
The proposed development will be in
compliance with the provisions of UDO Section 2.09, C., 1.
4)
The proposed development will be in
compliance with the Additional Development
Requirements set forth in UDO Section 2.09, C., 2.
5)
The proposed development will be in
compliance with the applicable project
open space requirements
set forth in UDO Section 7.10 – Open Space Regulations of the UDO.
6)
The proposed development is
appropriate to the site and its surroundings.
7)
The proposed development is
consistent with the policy statements of the Comprehensive Plan.
8)
The proposed development is
consistent with the intent and purpose of this UDO.
Action #2: Having made the necessary findings of fact that the petition
meets the requirements to be granted a waiver from UDO regulations, the
Motion by:
Pearson
Second By:
Womble
Vote:
The motion carried following a 3-2 vote.
Action
#3: The
Motion by: Pearson
Second by: VanFossen
Vote:
The motion carried following a 4-1 vote.
Action #4: The
1
Prior
to the issuance of building permits, the developer will meet with Planning
& Zoning Staff to ensure that the provisions of §2.09, 2., d., (2), (b),
(i) Interior Streetscapes of the UDO, for the establishment of a variable
building line are provided for.
- A
UDO permit for sign installation in addition to all other applicable
permits will need to be secured prior to any sign installation.
4.
Prior
to construction drawing approval, the magnitude of pump station and downstream
sewer upgrades must be determined for the development of this site. A sewer analysis report has been provided to
the town, but field collection of data is still being preformed. Downstream sewer capacity is a potential
problem without significant upgrades.
5.
The
following items are to be submitted to the Department of Engineering prior to
first construction drawing submittal:
a.
Provide
a recorded plat for all offsite utility easements and future road right-of-way
at the northwest corner.
b.
Provide
local flood study of the drainage basin.
Also note that backwater easements at stream crossings will need to be
shown and labeled along with appropriate 100 year and minimum FFE elevations.
- All
environmental permits for the entire project, both single family and
townhome portion will be required.
- Provide
a signed wetlands map by the USACE.
- Hydraulic
Analysis report will be needed for the water line to document water
supply in accordance with Town Standard.
Additional offsite improvements may be needed.
- Prior
to Final Plat, the following must be completed:
a. Payment of
fees-in-lieu of land dedication in the amount of $846/unit.
Motion By:
VanFossen
Second By:
Womble
Vote:
The vote carried following a 3-2 vote.
5e.
Public Hearing: Annexation
Petition A05-09,
With that explanation completed,
Mayor Sears opened the public hearing to accept input. The following comments were recorded:
There being no comments, the public hearing
was closed.
Action: The
Motion by:
Atwell
Second by:
Dickson
Vote:
Unanimous
A copy of Annexation Ordinance
A05-09 is incorporated into these minutes as addendum pages.
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. Minutes – The
6b. Budget Amendment Reports – The
6c. Budget Amendments, $32,500 – The Council adopted amendments to the Bass Lake
Project Fund and Park Reserve Fund in the amount of $32,500 to cover final
costs associated with the project. Copies
of the budget amendments are incorporated into these minutes as addendum pages.
6d.
Duke & Abbott CPAs, P.A. Contract
– The Council approved a contract not to exceed $23,200 with Duke & Abbott CPA’s, P.A.,
for the Town’s FY 2004-05 financial audit.
6e. Budget Amendment, $2,975 – The Council adopted an amendment to the FY
2004-05 budget in the amount of $2,975 to receive insurance proceeds to cover costs of equipment repairs due to
lightening.
7a.
Administrative Rule AD-13, Guidelines for Effective Communications – Mr. Joe Fanjoy of the Planning
Board explained to the Town Council that during a joint meeting between the
Council and the Planning Board earlier this year, the issue of communications
was discussed. He said that the Town
Council suggested that a communications policy be drafted and the Planning
Board also was interested in formulating a policy. He said the Planning Board members and the
Town Clerk have drafted a proposed policy statement for the Council’s
consideration.
Mr.
Fanjoy said that the policy statement is categorized as an "Administrative
Rule" since it applies to members of the Town organization as opposed to
the community. The policy sets out some
ground rules for effective communications, including guidelines for the
inclusion of all pertinent parties and following appropriate lines of communication.
Mr.
Fanjoy said that upon adoption of Administrative Rule AD-13, the policy would
apply to all members of the Town organization, including elected officials,
appointed officials, volunteers and staff.
Action:
The
Motion
By: Pearson
Second
By: Atwell
Vote:
Unanimous
7b.
Ms. Bobber said that 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 stay
up-to-date with the Town’s vision and development activity. She noted that the update 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; a new map with an expanded coverage area; and a new
Implementation Program.
She said that during this
year’s annual evaluation, all components of the Land Use Element are to be
reviewed and considered.
Councilman VanFossen suggested that
properties along US 1 be designated for commercial development.
Council members agreed that they did
not feel subdivisions needed to be evaluated for correct designations on the
land use map because it would change nothing in existing subdivisions.
Council members endorsed the implementation
schedule.
Action: The
1.
Designate properties along US Hwy. 1 for commercial development.
2.
No designations are necessary for existing subdivisions.
3.
The implementation program is endorsed as presented.
Motion
By: Atwell
Second
By: Dickson
Vote: Unanimous
7c.
Recreation and Advisory Committee Appointment – Mr. Bradley said at
the last Parks and Recreation Advisory Committee meeting, the Committee
reviewed applications to fill a vacant position. The committee recommends that Alan Patterson
of
Action: The
Motion
By: Pearson
Second
By: Dickson
Vote: Unanimous
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 Pearson said he would
be absent for the July 19 meeting.
Councilman Atwell asked about
progress toward the Town’s adopting a policy for the reimbursement of community
agency membership dues for elected officials.
The topic had been a 2005 Winter Retreat subject where it was determined
by the Council that elected officials bear the cost of many associations of
which they are members simply because they serve on the elected board.
Ms. Powell said a policy could be
drafted, but had not been because she had no notes from the discussion at the
Winter Retreat that the Council had come to a consensus on how much
reimbursement should be.
Councilman Atwell said he thought
the Council had agreed on an amount of 50 percent of an elected official’s
dues.
Councilman Dickson said he would
prefer that the Town set a flat amount that it would provide toward membership
dues reimbursement per organization.
Action: The Council approved a motion to direct staff
to prepare a policy that the Town would provide reimbursement to elected
officials for fifty percent (50%) of their individual membership dues in
in-town non-profit and civic organizations.
Motion
By: Womble
Second
By: VanFossen
Vote: The motion carried, following a 4-1
vote. Councilmen Pearson, Womble,
VanFossen and Atwell voted for the motion.
Councilman Dickson voted against.
10.
Manager’s Report: Mr. Dean reminded council of the
Rockin’ at the Crossings event to be held later in the week. Ms. Bobber reminded the Council of a visioning
meeting at the
11. Closed
Session: The
Motion
By: Dickson
Second
By: VanFossen
Vote: Unanimous
General Account Closed
Session June 21, 2005
In Closed Session, the Council gave
the Town Attorney direction in the Town’s acquisition of property it needs for
the
The Council agreed as to a fair
purchase price for the gateway feature and road right of way related to the
Action: The Council approved a motion to return to Open Session.
Motion By: Dickson
Second
By: VanFossen
Vote: Unanimous.
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