Regular Meeting
The Holly
Springs Town
Staff Members Present:
Planning Board Members Present:
Matt Johnston, Joe Signoretti, Joe Fanjoy, Tim Sack, Jimmy Cobb, Deidre
Brice, Lisa Martin and Glen Myrto.
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: Dickson
Second
By: DeBenedetto
Vote: Unanimous
Items
Added to the Agenda: None.
Items
Removed from the Agenda: None.
Consent
Agenda Items Moved to Regular Business: None.
Other
Changes: Move agenda item 7b., a request
from Parks and Recreation Advisory Board to be heard after Agenda Adjustment.
7b. Athletic Trophies – Ms. Beth Arthur of
She said in order for participants of various athletic teams
and the Town to receive recognition for their achievements in athletic
competitions, the Recreation Advisory Committee recommends the Town pursue the
return of all athletic trophies previously awarded to the town by local, state,
and regional organizations be returned to the Town of Holly Springs.
Mr. Schifano said that many coaches follow the practice of
displaying the trophies at the Town facilities.
He said the request to return all trophies to the Town is an appropriate
request and is considered a common practice.
Action: The
Motion By: VanFossen
Second
By: DeBenedetto
Vote: Unanimous
5.
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.
Greg Calleri of
Mitch Bloom of
Susan Smith,
6a.
Public Hearing: Morgan Park PUD, 02-PUD-01-A02 – Mr. Zawadski said the Town has received a request for an
amendment to Morgan Park PUD (previously Trotter’s Village PUD) which was
approved as a neo-traditional development that included single family and
townhomes as well as a commercial component.
He said there was an amendment approved to the original plans last May,
2006.
Mr. Zawadski said this request is a second amendment requesting
the following changes:
*
a
slightly different parcel and street layout;
*
a
new location for the recreation site, and;
*
single
family lots in part of the area originally set aside for townhomes;
*
reduction
in landscape buffers along the western property line and the addition of
landscape buffers along the northeastern property line;
*
an
overall reduction of approximately 5 acres of open space;
*
minimum
lot size reduced to 16,000 SF from 20,000 SF in district A1;
*
minimum
lot size reduced to 7,500 SF from 12,000 SF in district D1;
*
parcel
B townhomes changed to parcel B village house/patio homes.
Councilman DeBenedetto and staff discussed how the town
calculates the total number of units per acre.
With that explanation completed, Mayor Sears opened the
public hearing to accept input. The
following comments were recorded:
Thomas Spaulding of Spaulding and
Councilman VanFossen asked for
clarification on the minimum lots that are being amended from 21000 square feet
to 16000 square feet in A1 and the minimum lot size is reduced to 7,500 square
feet from 12,000 square feet in district D1.
Mr. Spaulding explained that with
the removal of the Townhomes made substantial changes within the easement and
roadway areas and is part of cleaning up the plan.
Robert Castillo 1200 Avent Ferry
Road – Mr. Castillo
expressed his concerns regarding the increase in traffic, speed, noise, water
run-off, standing water and trash along Avent Ferry Road. Mr. Castillo said that he is in opposition of
the project.
Councilman VanFossen commented that
the issue of trash and standing water is being addressed on by the Town.
There being no input, the public hearing was closed.
Action: The
Motion By:
VanFossen
Second
By: Dickson
Vote: Unanimous
6b.
Public Hearing: Jump Zone,
06-SEU-10 – Ms.
Huffman said the Town has received an application to consider a Special
Exception Use petition 06-SEU-10, Jump Zone to allow a private recreation
facility at 250 Premier Drive. She said
the recreation facility will be by appointment only for birthday parties and
other such events on weekends.
She said the applicant is also asking for a wavier to UDO Section
4.05 and the site plan is in compliance with the Ten Year Comprehensive Growth
Plan.
Ms. Huffman said the project was approved in October 2006 on
a different parcel on an un-named street near
She said staff and the Planning Board recommends approval
for the special exception use and waiver.
Ms. Huffman at this time described
the development and architectural standards of the site, sidewalks, parking and
landscaping requirements.
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.
Ms. Huffman said the Planning Board
reviewed the plant materials used for the perimeter landscape buffer and had no
concerns with the planting material, but staff feels loblolly pines is not a good
plant to use and requested suggestions from the Council.
The Council Members made several suggestions of planting
materials to substitute for the loblolly pines.
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: Dickson
Second
By: Womble
Vote: Unanimous
Action
#2: Having made the necessary findings
of fact, motion to approve Special Exception Use 06-SEU-10 for Jump Zone as
submitted by Thompson and Associates, project number: 06-054, date revised
Motion By: Dickson
Second
By: Womble
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 #3: The
Motion By:
Dickson
Second
By: Womble
Vote: Unanimous
Action #4: Having made the necessary findings of fact, motion to grant
a waiver of regulation of UDO Section 4.05, B. 2, c. regulations for Special
Exception Use 06-SEU-10 for Jump Zone as submitted by Thompson and Associated, project
number: 06-054, date revised
Motion By:
Dickson
Second
By: Womble
Vote: Unanimous
6c.
Public Hearing: Ordinance 07-02
UDO Amendment 06-UDO-06 – Mr. Jones said this request if for
the Council to consider Ordinance amendments to the UDO Section 9.03 C. 4, b
and c. Findings of Fact for a Variance of Development Standards. He said the proposed changes are being
requested by the Board of Adjustment. Mr.
Jones said that the current findings of fact are cumbersome and the Board has
had a difficult time in determining whether or not the applicant meets the
standards. The proposed language
condenses the current 10 findings of fact to 3 findings of fact and gives the
board limited ability to place conditions on the variance.
Mr. Jones said staff and the Board of Adjustment, the
Technical Review Committee and the Planning Board are recommending approval.
Councilman VanFossen and the Town Attorney clarified the
meaning of the word “assures” in “(3) Granting the variance assures the public safety and welfare
and does substantial justice” if the word “assures” would make the Town liable
for safety issue.
With that explanation completed,
There being no further testimony, the public hearing was
closed.
Action #1: The Council approved a motion that the following statement is true: The requested UDO text amendment is consistent
with the Holly Springs Ten Year Comprehensive Growth Plan policies for Land
Use. In order to achieve the goals and
policies addressed in the Land Use element, certain Ordinances and Town polices
will need to be amended and additional plans and land use tools will need to be
created or modified.
Motion By: VanFossen
Second
By: Dickson
Vote: Unanimous
Action #2: The Council approved a motion to adopt
Ordinance 07-02 to enact UDO amendment #06-UDO-06 to modify the text of the UDO
Section 9.03 C. 4, b and c. Findings of Fact for a Variance
of Development Standards as submitted by the Town of Holly Springs.
Motion By: VanFossen
Second
By: Womble
Vote: Unanimous
A copy of Ordinance
07-02 is incorporated into these minutes as addendum pages.
6d.
Public Hearing: Ordinance 07-03
UDO Amendment 06-UDO-07 – Mr. Zawadski said that this request
is for an Ordinance amendment to the UDO Section 3, commercial and Section 11, definitions. He said since the adoption of the UDO, staff
has reviewed and evaluated the UDO text for minor
errors, interpretations that are unclear, and sometimes regulations that need
to be added or changed.
Mr. Zawadski
reviewed the following amendments to the UDO sections with the Council Members:
Section 3:
May increase height by 10 feet if additional setback is provided;
Section:
LB and TV - Townhouses in the LB district shall be subject to
architectural and site design requirements in R-MF-15;
Section: 3.02 B. 5, Change Maximum Gross floor
area to Main floor area and revise definition;
Councilman VanFossen asked for clarification why to delete
“gross” from the maximum gross main floor area and if this includes parking
lots. Mr. Zawadski explained the
interpretation of the change and it was suggested to reword as follows: “Maximum main gross floor area…” and it did
not include the parking lots.
Section: 3.03, 3.08, Change “pallet” to “palette”;
Section: 3.03, B., 3., c., Change opens space to open space;
Section: 3.07, B., 6., Exempt fundraisers from requirements;
Section: 3.07 B., Temporary construction trailers and sale offices;
Section: 3.07 and/or 3.08, Add
architectural requirements for canopies (i.e. gas stations, banks, pharmacy,
drive-through, etc.);
Section: 3.08 A., 7., Mail box kiosks;
Section: 3.08, amendment to add mechanical equipment
screening requirements.
Section: 11.02, Revise
definition of Main Gross Floor Area; and,
Change all references of Board of Commissioners to Town Council in
Section 3 and Section 11.
Mr. Zawadski said
staff and the Technical Review Committee and the Planning Board are
recommending approval.
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 Council approved a motion that the following statement is true: The requested UDO text amendment
is consistent with the Holly Springs Ten Year Comprehensive Growth Plan policies
for Land Use. The proposed modifications
to the commercial and definitions section create enforceable ordinances to
enact Land Use policies.
Motion By:
Womble
Second
By: VanFossen
Vote: Unanimous
Action #2: The
Motion By: Womble
Second
By: VanFossen
Vote: Unanimous
A copy of Ordinance 07-03 is incorporated
into these minutes as addendum pages.
6e. Public Hearing: Ordinance 07-04 UDO Amendment 06-UDO-08 – Ms. Huffman explained
that during the past year, staff and the Technical
Review Committee have been discussing amendments to Section 2, Residential; and
Section 4, Industrial, of the UDO.
She
said portions of UDO, Section 2 need items addressed and additional diagrams
within the residential districts (single and multi-family) to give more clarity
in interpretation.
Ms.
Huffman reviewed the following proposed UDO amendments with the Council Members:
Section
2.08 A 3 a.
& J - Size of Accessory Dwelling structures or uses shall be determined by
the gross floor area of the house and shall include both the finished and gross
floor areas in the accessory structure or use;
Section 2.08 B. 3 - In last line “three year”, change “year”
to “years”;
Section 2.08 B. 5. d - Remove “a” in first line;
Section 4.01 - May increase height
by 10 feet if additional setback is provided;
Section 4.04,
B - Add additional requirements for construction trailers and sales offices;
Section 4.04, A.3 - Add mail box
kiosk requirements;
Section 4.05 - Change “pallet” to
“palette”
All Industrial Districts - Allow major
automotive repair in Industrial Districts as a special exception use. Currently it is only permitted in the General
Business District; and,
Change all references of Board of Commissioners
to Town Council in Section 3 and Section 11.
Councilman Atwell arrived at
Ms. Huffman said staff and the Technical Review Committee
and the Planning Board recommends approval.
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 Council approved a motion that the following statement is true:
The requested UDO text amendment is consistent with the
Motion By:
Womble
Second
By: VanFossen
Vote: Unanimous
Action #2: The
Motion By: Womble
Second
By: VanFossen
Vote: Unanimous
A copy of Ordinance 07-04 is incorporated
into these minutes as addendum pages.
6f.
Public Hearing: The Overlook at
Holly Glen Zoning Vested Rights Petition 06-ZVR-03 – Ms. Huffman said that according to UDO Section 9.08 Zoning
Vested Rights provisions, zoning vested rights may be granted to allow for a
site with a specific development plan to be completed under the zoning
regulations in place at time of approval of the original plan.
Ms. Huffman explained that in November of 2005 Town Council
approved 05-DP-08 The Overlook at Holly Glen, a development incentive plan for
The Overlook at Holly Glen subdivision.
She said McCar Homes is requesting for zoning vested rights for this
project for a period of five years from the date of approval. She explained that zoning vested rights is
being requested because the UDO development incentive regulations have changed
since the plan was adopted. She said the
new development options regulations require side and rear architectural design
elements for all lots adjacent to open space.
The old development incentives only required side and rear architectural
design elements for lots adjacent to open space and less than 10,000 square
feet. The project would have to comply with these new regulations unless the
project is granted vested rights.
Councilman Atwell asked if this is the same site plan that
was approved in Nov. 2005. Ms. Huffman said
that no changes have been made to site plan, but are amendments in the process.
Councilman Atwell and Ms. Clapp discussed the new
development option regulations that require side and rear architectural design
elements for all lots adjacent to open space.
The old development incentives only required side and rear architectural
design elements for lots adjacent to open space and less than 10,000 square
feet. She said without the approval of the vested rights the project would have
to comply with these new regulations unless the project is granted vested rights.
Ms. Huffman said staff and the Technical Review Committee
and the Planning Board are recommending approval.
With that explanation completed, Mayor Sears opened the
public hearing to accept input. The
following comments were recorded:
Rita Brown
There being no input, the public hearing was closed.
Action: The
Motion By: Womble
Councilmen Atwell and Mr. Schifano
discussed the General Statues that addresses zoning vested rights.
Councilman DeBenedetto asked if the
development goes beyond the five years as allowed in the General Statues for
zoning vested rights, can the applicant come back to the Council and request
for an extension. Mr. Schifano said the
law does not allow for extensions, the development would either be built-out or
the developer is to comply with the ordinances.
Second
By: DeBenedetto
Vote: Unanimous
7a. Wood Clipping Operation – Mr.
Mr. McNeil briefed the Council
Members how the curb side household, white goods and yard waste has decreased
since the Town started charging for the pick-ups.
8.
Consent Agenda: The Council approved a motion to
approve all items on the Consent Agenda.
The motion carried following a motion by
8a. Minutes - The Council approved minutes of
the Council’s regular meeting held on
8b. Budget Amendment Report – The Council received
a report of FY 2006-07
budget amendments #54 through #67 approved by the town manager. A copy of the budget amendment report is
incorporated into these minutes as addendum pages.
8c. Performing Arts
8d. Resolution 07-07, Review Officer Appointments – The Council adopted Resolution
07-07 recommending appointment of two plan review officers for the Town of
Holly Springs. A copy of Resolution 07-07 is incorporated into these minutes as an addendum
page.
8e.
8f.
Budget
Amendment, $710 –
The Council adopted an amendment to the FY 2006-07 budget in the amount of $710
to cover cost of overtime wages. A copy of the budget amendment is
incorporated into these minutes as an addendum page.
8g.
Budget Amendment, $12,000 –
The Council adopted
amendments to the FY 2006-07 budget in the amount of $12,000 from drug seizure
funds to cover the cost of surveillance equipment. A copy
of the budget amendment is incorporated into these minutes as an addendum page.
Ms. Stephenson gave a
presentation describing the information received from distributors, the location
of temporary speed humps, different types of temporary speed humps, and
performance reports from other municipalities.
Ms. Stephenson said that the
established cost for a temporary speed hump is $5,500 for installation and
$1,000 for removal and the cost for a permanent speed hump for installation is
$2,000 and $2,000 for removal.
There was further discussion among
the Councilmen which method would be the best method to use for traffic calming
devices for this area.
Action
#1: The
Motion By: VanFossen
Second
By: Womble
Councilman Dickson and Atwell said
that they were not in favor of installing four-way stop signs but would
consider installing the temporary speed humps on trial basis.
Vote: The vote carried with a
All the Council Members were in consensus to purchase one
temporary speed hump to be used for special occasions, with the public works
director’s approval, with the condition to purchase only if public works staff
can install and remove the temporary speed hump.
Action #2: The
Second
By: Atwell
Vote: Unanimous
10a.
Southern
Action: The Town Council made a motion to
table the payment of the Southern Wake County Waterline until the town attorney
further investigates the
Motion By: Womble
Second
By: Atwell
Vote: Unanimous
10b.
Ordinance 07-05, Hazardous Materials Storage – Mr. Schifano said this request is
to establish an ordinance and policies to regulate firms or business that
store, transport, and treat hazardous materials in town. He said the ordinance gives the fire chief
authority to regulate such firms, charge certain fees for firms that transport
and temporarily store such waste, and outright forbids any firm to commercially
store or treat hazardous waste in the town or its territorial
jurisdiction.
Mr. Schifano explained that the
ordinance prohibits the type of companies that would store or treat hazardous
waste materials on site.
Councilman VanFossen asked with the adoption of this
ordinance would it make the existing and future industries in violation or
would this require rewriting building or fire codes.
Mr. Schifano said that it would not interfere with companies
that operate daily, but would apply only to company’s who treat and store the
materials on site and that it does not rewrite or replace the existing codes
that are in place.
Action: The Council approved a motion to adopt Ordinance
07-05, enacting the Transfer, Storage,
and Treatment of Hazardous Materials and Regulation of Hazardous Waste.
Motion By:
Atwell
Second
By: Dickson
Vote: Unanimous
11.
Other Business: Councilman Dickson reported a
possible violation at the Exxon Station is missing canopies and there are dead
trees in the landscaping.
12.
Manager’s Report: Mr. Dean said Mr. Honeycutt has
request the Town to consider a 10 acre tract of property located along
Mr. Dean said that there are two options that the Council
can consider for Mr. Honeycutt’s property- option 1 the current polices allows
the property owner to subdivide the property into four tracts of land, which
would create a minor subdivision. He
said that the plan would need to dedicate future utility and road way easements
and would need to be annexed.
Mr. Dean said option 2 the property
owner could request for an exception for a major subdivision to allow for an additional
six lots to be served without water and sewer, but on well and septic
tank. He said that under the current
policies all major subdivisions are required to be annexed and to connect to
public utilities. Mr. Dean said the
property is approximately 2,100 feet from public utilities.
After much discussion the Council
Members directed Town staff to bring this item back to the next Town Council
meeting for deliberation.
13.
Closed Session: None.
14.
Adjournment: There being no further business for
the evening, the
Respectfully
Submitted on
_________________________________
Linda R.
Harper, CMC, Deputy Town Clerk
Addendum pages as referenced in these
minutes follow and are a part of the official record.