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 of
4.
Agenda Adjustment: The
Motion
By: Atwell
Second
By: Dickson
Vote: Unanimous
Items
Added to the Agenda: None.
Items
Removed from the Agenda: None.
Consent
Agenda Items Moved to Regular Business: 7h., Shelley Lane Gift and
Collectibles.
Other
Changes: None.
5.
Financial Audit Report – Mr. Holland introduced Chris Abbott of
Mr. Abbott addressed the Council, providing
highlights of the report, including:
Mr. Abbott’s findings provided in
the Comprehensive Annual Financial Report (CAFR) are quoted:
Capital
assets: The Town’s investment in capital assets for its governmental and
business–type activities as of
Major capital asset transactions
during the year include the following additions:
All-in-all
the Town is doing very well, Mr. Abbott said, commending staff and the Council
for efforts to provide infrastructure and services
Action: None.
A copy of the FY 2005-2006
Comprehensive Annual Financial Report is on file in the Town Clerk’s office
until such time as it is disposed of in keeping with the adopted Records
Retention and Disposition Schedule.
6a.
Public Hearing: Growth Plan Amendment 06-GPA-04 and Zoning Map Change
06-REZ-12 – Ms. Huffman said the Town had
received a request for an amendment to the Land Use Map to change the land use designation
of .92 acres located at
She said the zoning map change requires a growth plan
amendment in order for the zoning to be consistent with the comprehensive
growth plan.
The applicant proposes to use the existing dwelling
structure on the property as a professional office, which is allowed by right
in the LB district.
Ms. Huffman reported that the Planning
Board reviewed the request and discussed that access to the property is off
With that explanation completed, Mayor Sears opened the
public hearing to accept input. The
following comments were recorded: None.
There being no input, the public hearing was closed.
Action #1: The
Motion By: VanFossen
Second
By: Dickson
Vote: Unanimous
Action #2: The Council approved a motion to approve the following plan
consistency statement: The requested
zone map change from R-10 to LB is consistent with the trends of development to
the west of this parcel and is in keeping with the proposed Growth Plan
Amendment 06-GPA-04. The Future Land Use
Plan Map indicates this property as Medium Density Residential; however, the
adjacent parcels to the west have been rezoned to Local Business in accordance
with the Land Use Plan. The small parcel
is a prime candidate for Local Business zoning and due to the single family
development to the east will be the last commercial parcel limiting a strip of
commercial along
Motion By: VanFossen
Second
By: Dickson
Vote: Unanimous
Action #3: The
Motion By: Dickson
Second
By: Womble
Vote: Unanimous
At this time, Councilman VanFossen asked to be excused from
discussion and deliberation on item 6b, and the Council approved the motion to recuse Councilman VanFossen from the meeting due to his
professional involvement with the applicant.
Motion
By: Atwell
Second
By: Dickson
Vote: Unanimous
6b.
Public Hearing: 5100 Windance Place, 06-SEU-08 – Ms.
Huffman said that the Town has received an application from Eric Mangrum requesting approval for Special Exception Use
06-SEU-08 to allow an accessory dwelling structure on his property located at
5100 Windance Place in the Sunset Ridge subdivision.
Ms. Huffman said the structure would
consist of a three-car garage on the main level and a suite on the second
floor.
Ms. Huffman explained that according
to the UDO, an accessory dwelling can be 60% of the primary structure’s gross floor area. She said when drafting the UDO, it was not
the intent to allow such large detached accessory dwelling structures. She said that staff is in the process of amending
the UDO that models the original intent, and the amended UDO would allow an
accessory structure’s total (gross) square footage be no more than 60% of the heated (finished) square footage of the
primary structure.
Ms. Huffman said that Mr. Mangrum’s application was submitted prior to the pending
modification; therefore, his request would be in compliance with current UDO
standards.
Ms. Huffman said the Planning Board reviewed
the request and discussed the guidelines of the current ordinance versus the
original intent of the ordinance in relation to the size of the structure;
however, the Planning Board determined that the structure is in compliance with
the current ordinance.
She said staff and the Planning
Board recommend approval.
With that explanation completed, Mayor Sears opened the
public hearing to accept sworn testimony and qualified evidence. Under oath administered by the Town Clerk,
the following provided testimony to be recorded: None.
There being no testimony, the public hearing was closed.
Action #1:
The
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: Atwell
Second
By: Dickson
Vote: Unanimous
Action
#2: Having made the necessary findings
of fact, the Council approved a motion to approve Special Exception Use 06-SEU-08
to allow an accessory dwelling structure for Eric Mangrum
as submitted by Chet VanFossen, architect, revised
Motion By: Atwell
Second
By: Dickson
Vote: Unanimous
A copy of Special
Exception Use application 06-SEU-08 entered into the record by the applicant
and addressing the findings of facts is incorporated into these minutes as
addendum pages.
Action: The Council approved a motion to readmit Councilman VanFossen into
the meeting.
Motion By:
Womble
Second
By: Atwell
Vote: Unanimous
6c.
Public Hearing: 104 Barley Mill
Road, 06-SEU-09 – Mr. Zawadski said the Town has
received Special Exception Use Application 06-SEU-09 from Kedra
A. Prescott requesting permission to operate a family child care home at her
residence located at 104 Barley Mill Road within the Fairhill
subdivision.
Mr. Zawadski said that the UDO
permits a maximum of eight children within a registered family child care home. He said the applicant is proposing to care
for no more than eight children and would be utilizing a finished garage as the
primary area for the business.
He said due to the nature of the
proposed use, other rooms of the home, such as the kitchen and bathrooms, would
also be utilized.
Mr. Zawadski said the Planning Board had reviewed the
application. Although the Planning Board
is recommending approval, members did question whether the garage should be
used as the primary area for the daycare.
With that explanation completed,
Virginia Beverly Griffin,
Ms. Griffin had questions about the hours of operation of
the day care center, which might affect the impact the center would have on
adjoining properties.
Jeff Hovey,
Kedra Prescott,
Councilman Atwell pointed out that the Town does not enforce
subdivision covenants.
Mr. Schifano said it was up to the Council to make findings
of fact based on evidence and testimony presented in the hearing and that
covenants might or might not play a role in a council member’s review of the
findings.
Ms. Prescott said her plan is to have provide day care to
two children in addition to her own three. She said she might consider increasing the
number of children in her care to eight in the future, but that that is not her
plan at this time.
Councilman Dickson pointed out that
There being no further testimony, the public hearing was
closed.
Action #1:
The
A special exception use may only be
granted upon the presentation of sufficient evidence to enable a written
determination 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.
Motion By: Atwell
Second
By: DeBenedetto
Vote: Unanimous
Action
#2: Having made the necessary findings
of fact, the Council approved a motion to grant Special Exception Use Petition
#06-SEU-09 to allow a family child care home at
1. 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 Exception
Use application 06-SEU-09 entered into the record by the applicant and
addressing the findings of facts is incorporated into these minutes as addendum
pages.
6d.
Public Hearing: Town of
Mr. Schifano said staff has been
analyzing a series of suitable sites in the area of the
Mr. Schifano said that this would allow
for some potential commercial development by the landowner on
He said that pursuant to G.S.
160A-271, an exchange of property is authorized upon adoption of a resolution
stating the value of the properties to be exchanged and any other consideration
given. He said there is no other
consideration given for this exchange, and the tax value of the Town parcel and
the tax value of the neighboring parcel are exactly equal at $20,000 for 0.87
acres and .91 acres, respectively.
Councilman Womble asked if the
property owner had been apprised of what would be located on the property
behind her.
Ms. Sudano said Hookie
Riley of her staff had been in contact with the property owner and that she was
aware of the town’s plans.
With that explanation completed, Mayor Sears opened the
public hearing to accept input. The
following comments were recorded: None.
There being no input, the public hearing was closed.
Action: The
Motion By: VanFossen
Second
By: Womble
Vote: Unanimous
A copy of Resolution 06-54 is incorporated
into these minutes as addendum pages.
7.
Consent Agenda: The Council approved a motion to
approve all items on the Consent Agenda.
The motion carried following a motion by
7a. Budget Amendment Report – The Council received a
report of FY 2006-07
budget amendments #34 through #45 approved by the town manager. A copy of the budget amendment report is
incorporated into these minutes as an addendum page.
7b. Minutes - The
Council approved minutes of the Council’s regular meeting held on
7c. Budget Amendment, $1,900 – The Council adopted
an amendment to the FY 2006-07 budget in the amount of $1,900 to receive a donation
to the Fire Department from Progress Energy.
A copy of the budget amendment is
incorporated into these minutes as an addendum page.
7d.
7e.
7f.
NCDOT Bike and Pedestrian Planning Grant – The Council endorsed the Town’s application to
NCDOT for a bicycle and pedestrian planning grant.
7g.
Budget Amendment, $178,750 –
The Council adopted
amendments to the FY 2006-07 budget in the amount of $178,750 to cover the cost
of a professional services contract, inclusive of a 10% contingency, for design
of the
7h.
7h.
Ms. Sudano
explained that there is not room to do angled parking and sidewalk. The modification was initiated by staff since
there is not enough room.
Councilman
Atwell pointed out only a few parking spots would be provided, and most of
those would be taken up by store employees and reserved handicapped spaces. He suggested changes be made to the site plan
to provide employee parking in the rear of building.
He suggested
that the Council table the item until an alternative site plan could be drawn.
Staff suggested
that the Council simply deny the current request and give direction for a new
proposal.
Action: The Council approved a motion to deny the
conditions of approval regarding parking for Shelly Lane Gifts and Collectibles
and directed that the applicant and staff work out a more acceptable parking
scheme to be considered by the Council.
Motion By: Atwell
Second By: VanFossen
Vote:
Unanimous.
8a. 2006
Community Agency Grants – Ms. Powell explained that the Town had received
eight community agency grant applications, including three new applicants: The
Ms. Powell said the three new
applicants are
She said grant requests total $17,000,
but only $13,500 remains in the Special Programs line item after the Town
purchased a McGruff the Crime Dog costume for the
police department earlier this year.
Councilman Dickson said he feels the
intent of the grant program was to provide seed money for local civic
organizations and not to provide money to help pay salaries for organizations.
He said he has an issue with
providing funding for salaries: Interact, Kids Vote and CPCHS. He emphasized that he felt the town should
assist locally-based volunteer organizations, although he values the services
and programs of all the applicant agencies.
He suggested that the Council
provide the full grant application amount to the five organizations that are
purely volunteer; a reduced amount for CPCHS, Interact and KidsVote;
and $0 to organizations that pay salaries.
Council members agreed that the
board should look at tweaking the existing policy and procedures during the
winter retreat.
Councilman DeBenedetto
said he doesn’t want the program to become an entitlement.
Councilman VanFossen said he agrees
with Councilman Dickson, but wouldn’t be in favor of zero-ing
out any of the applicants.
Councilman Atwell said he agrees there
should be no sense of entitlement, but he feels perennial applicants who give
back to the Town and who the Town counts on for services, etc. should be
assisted. He also brought up for
discussion that some organizations receive other funding and would not miss a
grant from the town.
Joe Signoretti
– Mr. Signoretti addressed the Council, explaining
that CPCHS asked for the maximum grant award amount based on his
recommendation. He pointed out that the
money would not be used for CPCHS salaries.
He added that the school was not receiving full allotment of funds, and
parents and teachers volunteer their time and money to keep the school
running. He added that the mission of the
school is community service, and he believes CPCHS is deserving of its grant
request.
Action: The
Motion By: Womble
Second
By: Atwell
Vote: Unanimous
8b.
Mrs.
Clapp said the Council is responsible for the appointment of “in-town” members
to the
Mrs.
Clapp said the Council needs to appoint three in-town members and one in-town
alternate member to the Board of Adjustment with terms ending
She
added that the Council is to appoint two in-town members to the Planning Board
with terms ending
Mrs. Clapp reviewed the list of
applicants who expressed interest in serving as in-town or ETJ members of the
Board of Adjustment and Planning Board.
Planning Board: 2 In-Town Members:
Councilman
DeBenedetto nominated Dianne Dwyer and Mary Beamon.
Councilman
VanFossen nominated Jimmy Cobb and Joe Signoretti.
Councilman
Atwell nominated Joe Signoretti and Jimmy Cobb.
Councilman
Dickson nominated Joe Signoretti and Jimmy Cobb.
Action #1: The
Motion By:
Atwell
Second
By: VanFossen
Vote: Unanimous
Board of Adjustment: 3 In-Town Regular Members and 1 In-Town
Alternate:
Councilman
DeBenedetto nominated Douglas Fulcher,
Matthew Taylor and Danny Bronson as regular members and Robert Goldfinger as an alternate.
Councilman
VanFossen nominated Matthew Taylor, Mary Beamon and
Danny Bronson as regular members and Vinnie D’Augustino as an alternate.
Councilman
Atwell nominated Matt Taylor, Robert Goldfinger and
Linda Hunt-Williams as regular members and Dianne Dwyer as an alternate.
Councilman
Dickson nominated Matt Taylor, Linda Hunt-Williams and Robert Goldfinger as regular members and Dianne Dwyer as an alternate.
Action #2: The Council approved a motion to
appoint Matt Taylor, Robert Goldfinger and Danny
Bronson as in-town regular members and Dianne Dwyer as an in-town alternate
member of the
Motion By: Atwell
Second By: Dickson
Vote: Unanimous.
Board of Adjustment:
1 ETJ Alternate Member:
Councilman DeBenedetto
nominated Ruth Hauser.
Councilman VanFossen nominated David
Phipps.
Councilman Atwell nominated David
Phipps.
Councilman Dickson nominated David
Phipps.
Action #3: The Council approved a motion to
recommend to the Wake County Commissioners that David Phipps, a resident of
Motion By:
Atwell
Second
By: Dickson
Vote: Unanimous
8c.
Honeycutt Property Request – Mr. Dean explained that Mr. Tim Honeycutt is requesting to develop a 10-lot (major) subdivision at
the corner of Piney Grove-Wilbon and Wade Nash Roads
with septic sewer service and possibly wells for water service. He said the property is located in the
Town’s ETJ, which makes it subject to the Town’s UDO regulations.
Mr. Dean said the Town’s ordinances
require major subdivisions to tie onto the Town water and sewer services. He said that Mr. Honeycutt has indicated that
it would be difficult for him to afford the cost of extending public sewer to
this property based on developing only 10 lots.
Mr. Dean said that in the past, the
Council has expressed interest in exploring and possibly developing a policy to
allow for larger-lot subdivisions in the southwest
Mr. Dean said the planning and
engineering departments have discussed this request and recommends that development
should be consistent with the policies and ordinances that are in place.
He said that this would require Mr.
Honeycutt to annex his property and connect to public utilities or he could
develop the property as a minor subdivision (4 lots or less) and use well and
septic.
Mr. Dean said that it is staff’s
recommendation that the establishment of a special geographic area should be
studied in which developers could build larger lots (perhaps a 1-acre minimum),
and would be able to use septic systems but tie to Town water.
He said staff feels that it is
important to embark upon this type of development policy change in a planned
manner, in lieu of allowing individual exceptions to the existing UDO. Mr. Dean said staff also feels that there is
a lot of interest in small developments in this area, and the request for
exceptions would be continuous and, if approved, would interrupt logical sewer
service areas.
Tim Honeycutt – Mr. Honeycutt
said his property currently zoned R-30 and he asking to permission to develop
the property per county regulations with no road improvements or well and
septic.
Rather than considering this type request on a case-by-case
basis, Council members directed staff to devise a policy by mid-January to
address ETJ development where town utilities are remote. They agreed that development standards
probably should be relaxed in these instances, but they want a policy in place
so Mr. Honeycutt can submit plans.
The policy should address what areas will be required to connect
to public utilities and which areas can be served by well and septic; and whether
road improvements and/or
Action: None
8d.
Woodcreek, 06-DP-09, (formerly Wildacre) – Mr. Bradley explained to the Council that the Town has
received a request from Withers & Ravenel
requesting a modification to development plan 05-DP-09 for Woodcreek
(formerly known as Wildacre), which was approved
Mr. Bradley said staff has discussed
and reviewed the developer’s proposal and from the staff perspective, the
amendments would have no adverse effect on the future residents of the
subdivision, although there would be a significant reduction in the greenways.
He said this reduction does not prevent the connectivity or the ability of
pedestrians to reach destinations within or outside of Woodcreek
development.
Mr. Bradley said with the removal of
the sanitary sewer easements from the stream corridors, staff feels it would be
unproductive in our efforts to preserve these environmentally sensitive
areas. He said the space would remain undeveloped open space and would be
maintained as private open space. By definition, it would remain a
greenway, although undeveloped.
Mr. Bradley said as a result of the
reduction in greenway trails, the developer has agreed that these credits would
no longer be provided and that a fee in lieu would replace this construction
credit.
Mr. Bradley said staff recommends that this amendment be
approved,
Action: The Council approved a motion to allow further modifications
to 05-DP-09 for Woodcreek Subdivision to remove
sanitary sewer easements from environmentally-sensitive stream buffers, which
will become privately owned undeveloped open space; the resulting reduction in
greenway trail construction will be from 11,000 feet to 2,330 feet; previously
authorized fee credits for greenway trail construction no longer will be
provided; a fee-in-lieu will replace this construction credit; and approval is with
the caveat that if sewer lines need to be moved back to stream corridors, then
so will the greenway trails.
Motion By: VanFossen
Second
By: Womble
Vote: Unanimous
8e.
Long-Range Water Projections – Ms. Sudano
said
Ms. Sudano said that the Town
Manager has been working with
Action: None
9.
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. None.
10.
Other Business:
Winter Retreat – The Council
scheduled its 2007 Winter Retreat to be held Friday through Sunday, Feb. 16-18
at Pine Needles Lodge and Golf Club or other location within an hour’s drive of
11.
Manager’s Report: Mr. Dean commended Mrs. Powell and
staff member
12.
Closed Session: The Council approved a motion to
enter into Closed Session, pursuant to G.S. 143-318.11(a)(6)
to discuss with the town attorney a matter regarding a public officer/employee.
Motion
By: Atwell
Second
By: Dickson
Vote: Unanimous
General Account of Closed Session –
In Closed Session, the
-- End General Account
The Council approved a motion to return to Open
Session. The motion was made by
Councilman Atwell, seconded by Councilman Dickson and carried unanimously.
13.
Adjournment: There being no further business for
the evening, the
Respectfully
Submitted on
_________________________________
Joni S.
Powell, CMC, Town Clerk
Addendum pages as referenced in these
minutes follow and are a part of the official record.