Regular Meeting
The Holly Springs Town
Staff Members Present:
2 and 3. The Pledge of Allegiance was recited, and the
meeting opened with an invocation by Rev. Horace Ferguson, pastor of
4. Agenda
Adjustment: The
Motion By: Dickson
Second By: Atwell
Vote: Unanimous
Items Added to the
Agenda: None.
Items Removed from
the Agenda: Item 8 e., a discussion
of downtown parking options, was tabled.
Consent Agenda
Items Moved to Regular Business: None.
Other Changes: None.
5. Police
Chief Oath of Office – Mayor Sears administered
the oath of office to Chief Herring before an audience of his friends, family
and colleagues.
Mayor
Sears said three months ago, Officer
Chief
Herring is a 13-year veteran of law enforcement, serving all of those years in
Action: None.
6a. Public
Hearing: Annexation Ordinance A06-13,
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: Dickson
Second By: Atwell
Vote: Unanimous
A copy of Annexation Ordinance A06-13 is
incorporated into these minutes as addendum pages.
6b. Public
Hearing: Novartis Vaccines and
Diagnostic Zoning Vested Rights – Mr.
Jones explained to the Council that according to UDO Section 9.08, the town can
allow for the granting of zoning vested rights for a site-specific development
plan to be completed under the zoning regulations in place at the time of
approval of the original plan.
Mr. Jones said Novartis Vaccines & Diagnostics has
applied to have zoning vested right applied to its development plan for a
period of five years from approval of their development plan.
He noted that action would not be taken at the close of the
public hearing, but later in the meeting agenda following consideration of the
related development plan.
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: No action was taken at this time.
7.
Consent Agenda: All items on the
Consent Agenda were approved following a motion by
7a. Minutes - The Council approved minutes
of the Council’s regular meeting held on
7b. Budget Amendments Report – The Council received
a report of FY 2006-07 budget amendments #1 through #18 approved by the town
manager.
7c. Resolution 06-45, Annexation A06-14 – The Council adopted Resolution
06-45 directing the town clerk to investigate the sufficiency of Annexation
Petition A06-14 and setting a public hearing on the question of annexation for
7d. Resolution
06-46,
7e. Budget Amendment,
$13,800 – The Council adopted amendment to the FY 2006-07 budget in the
amount of $13,800 to pull funds from last year’s budget into this year’s budget
to pay for expenses that spanned June and July.
A copy of the budget
amendment is incorporated into these minutes as an addendum page.
7f. Budget Amendment,
$7,100 – The Council adopted an amendment to the FY 2006-07 budget in the
amount of $7,100 to pull funds from last year’s budget into this year’s budget
to pay for the
7g.
Mr. Jones said after the owner created the HSBP PUD master
land use plan to specify the specific land uses and districts for various
parcels as well as the zoning regulations within the PUD, there was no development
activity for the past four years.
He said in July 2006, Novartis announced that it would be
developing 167 acres of the 248-acre development. He said as Novartis has been preparing
development plans for the site, the company officials determined that the HSBP
PUD regulations need to be updated and modified to ensure that the vision of
the PUD will be realized. He said in
addition, the original PUD plans had become outdated due to changes in open
space and roadway network locations.
Mr. Jones explained the proposed amended HSBP PUD
modernizes the format of the plan to meet the current Holly Springs UDO format
by having the district regulations in a separate document and incorporating the
plans as part of a written PUD document.
He said the majority of the plan sheets have been updated and modified
due to changes in the base map data and all of the districts have been updated
to provide clarification of the regulations that are specified within the PUD
and the regulations that are to continue to follow the Town’s UDO.
Mr. Jones reviewed the following requirements of a PUD,
which is to include:
§
a master
land-use plan;
§
vehicular and
pedestrian circulation plan;
§
buffers, open
space, and recreational facilities plan;
§
utilities plan;
§
storm drainage
plan;
§
hydrology plan;
§
and draft
covenants to create a homeowners association for the maintenance of all
privately owned common areas and recreational facilities.
Mr.
Jones said staff and the Planning Board recommend approval of the PUD amendment
with conditions.
He
reported that the Planning Board had a concern about the proposed elimination
of the screening for trash Dumpsters located more than 300 feet from a public
right-of-way. The concerns are, he said,
the possibility of the Dumpsters’ being seen from adjacent properties and the potential
diminished containment of trash. He said
the Planning Board recommends adding language to the PUD document to require screening
of the trash and recycling center if located within 100 feet of the property
lines.
Action: The
1)
The following
conditions of the original approval of the HSBP-PUD are still outstanding and
will remain as active conditions with this approval:
a.
Delineation of
wetland and environmental areas for the specific property and the road
right-of-way providing access to the property and adjacent to the property must
be submitted with each development plan submittal.
b.
TIA and drainage
studies may be required as development plans/site plans are submitted.
c.
Access to the
Jones property on the north side of Thomas Mill Road within the PUD will be
required and should be shown clearly as right of way dedication.
d.
Town staff will
be working with the state permitting agencies on the functional alignment of
the proposed roadway extension. However,
the design will be functional and any variation in alignment will be contingent
upon environment constraints and the ability to obtain permits. The rights of way from the permitted
alignment will need to be dedicated to the Town. Therefore, land owners will be able to
provide individual input on the functional alignment, however, the Town may be
constrained in what design gets permitted.
The Town staff will work with the land owners and keep them involved at
all steps along the design process.
2)
The following
language will be added to the PUD document:
a.
If trash and recycling
centers are located within 100 feet of a property line, opaque screening must
be provided for at a PUV of C-50 parallel to the adjacent property line.
Motion By: Atwell
Second By: Dickson
Vote: Unanimous
8b. Novartis Vaccines and Diagnostics Facility,
06-DP-11 – Mr.
Jones explained that Novartis Vaccines & Diagnostics proposes to build an
approximately 274,000-square-foot facility comprised of six buildings connected
with a 13,000-square-foot spine corridor to interconnect the buildings. He said the facility would be the company’s U.S.-based
flu cell culture producer of flu vaccines.
Mr.
Jones said construction is to begin this fall, and the facility should be open for
production by 2011.
He said the facility is located within the
Mr. Jones said that staff has been working closely with
the owners and engineers of the project and are comfortable with the delay in
the submittal of the aesthetic components of the development plan submittal.
Mr. Jones said the Planning Board discussed on-site
grading into the Cape Fear Buffer area for the construction of the parking lot
and interior road. Mr. Jones said that grading
is permitted in Zone 1 of the buffer, and staff will review to minimize the
impacts to buffer closer during the construction drawing review process.
Mr. Jones then noted that the applicant also is
requesting a waiver of sign regulations to allow for pedestrian signs and a
waiver of town engineering design standards to allow the omission of curb and
gutter on the parking lots and roadways that are interior to the site. He stressed that curb and gutter would be
applied to the entrance drive that will be visible from the public right of
way.
Action #1: The
Motion By: Dickson
Second By: Atwell
Vote: Unanimous
Action #2: The
Council approved a motion to approve an exception to the Engineering Design and Construction
Standards Section 3.02-G in association with Development Plan #06-DP-11
for Novartis Vaccines & Diagnostics, to allow the interior streets and parking
lots to be constructed without curb and gutter as required by the Engineering
Design and Construction Standards as submitted by Deana Dearborn, project
number: USFCC Facility, dated revised 9/19/2006.
Motion By: Dickson
Second By: Atwell
Vote: Unanimous
Action #3: The Council approved a motion to approve development
plan #06-DP-11 for Novartis Vaccines & Diagnostics as submitted by Deana
Dearborn, project number: USFCC Facility, dated revised
1)
This plan
includes general information with respect to Engineering Design and Construction
Standards. Due to communication between
Town staff and the project’s engineers, staff feels comfortable with the
detailed information being provided with construction drawings (later in the
approval process).
2)
Curb and
gutter is required on all streets and parking lots unless an exception is
granted by Town Council per section 3.02 G of the Engineering Design and
Construction Standards. (Motion #2 was approved; therefore, this
condition is omitted and is so indicated by strikethrough text.)
3)
Prior to
issuance of building permit, the following must be completed:
a.
Proposed
building elevations to be submitted to and approved by the Technical Review
Committee. The Town Council authorizes
the
4)
Prior to
issuance of a Certificate of Occupancy, the following must be completed:
a.
Proposed
landscape and irrigation plans to be submitted to and approved by the
Department of Planning & Zoning.
b.
Site lighting
plan to be submitted to and approved by the Department of Planning & Zoning.
Motion By: Dickson
Second By: Atwell
Vote: Unanimous
Action #4: The
Council approved a motion to grant the use of zoning vested rights for
06-DP-11, Novartis Vaccines & Diagnostic, for a period of five years from
this date to authorize the development of this property according to the terms
and conditions of the Zoning Ordinance and Planned Unit Development in place at
time of approval of the Preliminary Plan.
Motion By: Dickson
Second By: DeBenedetto
Vote: Unanimous
8c.
Mr.
Zawadski said the Planning Board discussed the landscape buffers and recommends
approval with conditions.
Action:
The
1)
A revised
subdivision plan which includes the following landscape buffers shall be
submitted to the Department of
· The following perimeter landscaping is required for
·
Eastern Property
Line: A-20 (Open Perimeter Buffer)
·
Southern
Property Line: A-20 (Open Perimeter Buffer)
·
Western Property
Line: B-75 (Semi-Opaque Perimeter Buffer)
·
Northern
Property Line: B-75 (Semi-Opaque Perimeter Buffer)
· The following perimeter landscaping is required for
·
Eastern Property
Line: A-20 (Open Perimeter Buffer)
·
Southern Property
Line: B-75 (Semi-Opaque Perimeter Buffer)
·
Western Property
Line: B-75 (Semi-Opaque Perimeter Buffer)
·
Northern
Property Line: A-20 (Open Perimeter Buffer)
2)
Prior to
issuance of Building Permit (for either lot within this subdivision), the
following must be completed:
a)
A subdivision plat
will be required for the whole property showing utility easements, construction
easements and road right-of-way.
3)
The following
items are to be included with 1st construction drawing submittal for
either lot of this subdivision (later in the approval process):
a)
Provide a centerline alignment and specific
design criteria for the roadway design of the street stub to the adjacent
landlocked property.
4)
Prior to
construction drawing approval of
5)
Construction of
utility infrastructure (water and sewer), roadway stub to adjacent property and
roadway improvements along
Motion By: Atwell
Second By: DeBenedetto
Vote: Unanimous
8d.
Mr. Zawadski said the site would be accessed via two
driveways located off of the unnamed street to the south of the site. He said the site plan includes 9 parking
spaces, with one of the spaces as a handicapped space, located to the west of
the building and a sidewalk that connects the parking lot to the front door of
the building.
Mr. Zawadski explained that this project is located
within a Gateway Corridor and is, therefore, subject to a higher degree of
architectural standards. The building would be constructed primarily with a
rust colored smooth face block and dark green metal siding. The building also would include a tan
split-faced block along the foundation and around the windows and doors.
Mr. Zawadski said the architectural elements such as
rough and smooth textures, a pitched roof, multiple canopies, and a varied
block pattern are incorporated into the building design. He said the roof is proposed to be surfaced
with dark green metal roofing.
Mr. Zawadski said the Planning Board’s concerns were the
use of the building, operation hours and number of staff and driveway spaces. He said staff and the Planning Board
recommend approval with conditions.
Action: The
Council approved a motion to approve development plan #06-DP-10 for Irving
Parkway News and Observer as submitted by John A. Edwards and Company, dated revised
1)
This plan shall
meet all conditions of approval listed on Preliminary Subdivision Plan for
2)
The following
items are to be included with 1st construction drawing
submittal (later in the approval
process):
a) Provide a comprehensive drainage area map and
supporting calculations. This should be
provided in a sealed engineer’s report.
3)
Prior to
construction drawing approval of this lot, the right of way will need to be
recorded for the unnamed road adjacent to this development (
Motion By: Womble
Second By: DeBenedetto
Vote: Unanimous
8e.
8f.
In summary, he said he was opposed to year-round schools
and wished to see the Town Council take an official position on the issue.
Mayor Sears then introduced Wake School Board
Representative Ron Margiotti who addressed the Council with his campaign
against year-round schools.
In discussion, the council came to agreeable terms that
it is supportive of Wake County Public Schools and appreciates the school
system’s challenges. Council members
individually have their differing positions on the effectiveness of the
year-round calendar, but agree as a body that
both school calendars have merit.
The Council agreed to authorize Mayor Sears to write a
letter on the council’s behalf expressing empathy for the school system,
voicing the council’s support and expressing disagreement that while the
year-round calendar may work fine for some students and their families, the
school system should not force the conversion of schools to year-round
calendars. While the Town is fully
supportive of its schools, the council believes parents should have a choice
available to them as to which calendar their children are enrolled.
Action: Direction
was given that a letter be drafted and provided to council members via email
for comments before it is distributed to the school board members.
9. Zoning
Petition 06-REZ-08, - Mr. Zawadski
explained that Rezoning Petition 06-REZ-08 was heard before a public hearing on
June 20, 2006 and that action was tabled until the Oct. 3 meeting to give the
petitioner time to secure a pending access to the property from Holly Springs
Road.
Mr. Zawadski reminded the council that public hearing
comments about the lack of vehicular access to the property from
The petitioner provided information to the planning
department, however, that he was having unexpected difficulties closing on the property
because of having to locate out-of-state heirs who may have some claim on the
title of the property.
Mr. Zawadski outlined the petitioner’s request. He said the two properties are within the
corporate limits of
He said the applicant is requesting that a 4.65-acre
portion of the larger property be rezoned to LB: Local Business and the
remaining 1.92 acres of the property be rezoned to R-8 Residential and the entire
.33 acres of the smaller property be rezoned to R-8: Residential. He said the requested R-8: Residential and
LB: Local Business zoning would be compatible with the land use plan.
Although the public hearing on the question is closed,
Mayor Sears recognized that some of the neighboring property owners were in
attendance and had signed up to speak.
He yielded the floor.
The following residents were heard:
Art
Shaeffer, 224 Saranac – Mr. Shaeffer
said he was disappointed in the petitioner, who had said he would meet with the
surrounding homeowners associations, but never did. He said he felt that the petitioner, then,
was not a man of his word and untrustworthy.
Robert
Summers, 500 Onondaga – Mr. Summers
said he has the impression that the petitioner is no further along today than
he was in July, and he did not appreciate the waste of his time in having been
notified of another meeting at which the issue might be tabled.
Councilman
Atwell said he understood the frustrations of the residents but that he also
understands unavoidable delays in getting clear title to land. He said he was inclined to not hold the title
difficulties against the petitioner and would consider tabling the issue.
In
discussion, Councilman Atwell changed his mind, coming to the conclusion that
another delay would be costly for the town in having to notify adjacent
property owners again and that the petitioner should get the land title issue
cleared up and reapply for the zoning change.
Action #2: The
Council approved a motion to deny zone map change petition 06-REZ-08 to change
the zoning of 4.65 acres of Wake County
Motion By: Atwell
Second By: DeBenedetto
Vote: Unanimous
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.
Tim
Sack,
He
also asked the town to consider implementing with NCDOT a reduction of speed
limit and the installation of School Zone signs on
11. Other
Business: Councilman Atwell asked about pedestrian
access to
Councilman Atwell suggested that the town consider taking
temporary measures because there is heavy pedestrian use. Council members talked about the frustration
of NCDOT funding for state road and sidewalk projects that the town is having
to assume.
12. Manager’s
Report: Mr.
Dean asked about those wanting to tour Shearon Harris Nuclear Plant.. Councilman DeBenedetto and Womble said they
would be available on Oct. 30. Other
council members either were not available on the 30th or do not
desire to tour the plant at this time.
The Town Clerk will make arrangements, then, for Councilmen DeBenedetto
and Womble.
13. Closed
Session: None.
14.
Adjournment: There being no further business for the evening, the
Respectfully Submitted on
_________________________________
Joni Powell, CMC, Town Clerk
Addendum pages as referenced in these minutes follow
and are a part of the official record