Regular Meeting
Nov. 20, 2007
The
Others Present:
Planning Board members Glen Myrto, Tim Sack,
Staff Members Present:
2 and 3.
The Pledge of Allegiance was recited, and the meeting opened with an
invocation by Rev. Lewis Gentry.
4.
Agenda Adjustment: The
Motion
By: Dickson
Second
By: VanFossen
Vote: Unanimous
Items
Added to the Agenda: None.
Items
Removed from the Agenda: None.
Consent
Agenda Items Moved to New Business:
None.
Other
Changes: None.
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. The following input was recorded:
Rob Goldfinger,
6.
Mr. Bradley expressed appreciation
to the staff and owners of
At this time, Mr. Andrew Stafford of
Action: None.
7a. Public Hearing: Main Street Square Element H, PUD Amendment
05-PUD-01-A01– Ms. Huffman said the applicant is
proposing an amendment to the Main Street Square Planned Unit Development to
change the following:
1)
Currently
the number of single family lots allowed in the PUD is 15 lots; the applicant
is proposing to add one single family unit making the total 16 single family
lots in the Planned Unit Development.
The single family lots are designated within Element A of the PUD.
2)
Adding
a Master Sign Plan to the Planned Unit Development to regulate the type and
size of signage that will be permitted in the PUD.
3)
Adding
parcel number 0658-16-2629; 0.54 acres to the Planned Unit Development. The parcel is located at the intersection of
Ms. Huffman explained that the PUD criteria for approval as
specified in UDO Section 5, in its determination of the appropriateness of the
proposed PUD and whether to recommend approval or disapproval of the PUD district
zoning map change and PUD Master Plan, the Town Council and the Planning Board
shall be guided by the extent to which the proposal:
11. Extent to which the development
proposed by the PUD can be developed under the general use districts of this
UDO, other than the PUD District, as a matter of right.
With that explanation completed, Mayor Sears opened the
public hearing to accept input. The
following comments were recorded: None.
There being no comments, the public hearing was closed.
Action:
The Council approved a motion to forward Main Street Square Planned Unit
Development amendment #05-PUD-01-A01 to the
Motion By:
Dickson
Second
By: VanFossen
Vote: Unanimous
7b. Public Hearing: Ordinance 07-18, UDO Amendment (07-UDO-10),
Section 9 – Mr. Zawadski explained since the
adoption of the UDO, staff has been reviewing and evaluating its text.
He said during the drafting of the
UDO in 2002, the Town Council requested authority to review all plans and most
amendments until they became comfortable with the UDO’s
regulations. The following revisions
would change the review authority for certain plan amendments and provide some
clarification to UDO Section 9 UDO Requirements and Procedures.
Proposed
Amendments to Section 9:
|
UDO Section # |
Suggested Modification and Staff
Recommendations |
|
Section 9.05.D.5. |
Revise
minor amendment criteria for staff level approval. (Part 1) |
|
Section 9.07 |
Change
“Recorder” to “Register” (Part 2) |
|
Table 9.09-A |
Add
conditional use permit/district and zoning vested rights to the Decision
Matrix. (Part 3) |
Mr. Zawadski said the most
significant amendment to this section is a revision to the criteria that
defines minor amendments that can be approved by staff and major amendments
that require Town Council action.
Currently any type of increase in intensity of land use (e.g. increased
number of lots, increased building size, increased project size, reduced open
space, etc.) requires Town Council action.
The following proposed changes to UDO Section 9.05.,D.,5.
would only require Town Council review and action on
amendments that include increases in intensity as listed below; amendments less
than specified would be able to be authorized by staff:
a.
expansion of building footprint area by more than 25%;
b.
increase in building
height by more than 10%;
c.
expansion or reduction in the amount of off-street
parking areas by more than 10% (expansion above 110% of the minimum
requires a Town Council approved waiver);
d.
increase in total number of lots/units within the
overall subdivision by more than 10%;
e.
reduction of open space within the overall project or
subdivision by more than 10%;
f.
increase in project acreage by more than 10% or 5 acres
whichever is less (except for PUDs);
He said
the major benefits of this change include an accelerated approval process for
developers, and reduction in the amount of time Staff spends on writing
He said
since 2002, the following plan amendments were approved by Town Council and
fall under the proposed criteria for staff level approval of amendments: Bridgewater Subdivision,
added 4 lots; Sunset Oaks Phase 10, added 2 lots; Sunset Ridge North Phase 7,
reduced open space; and Twelve Oaks Phase 1, added 8 lots.
Councilman
DeBenedetto said he felt that it was the Council’s duty to review and consider
changes to already-approved plans. He
said he didn’t feel any change would be insignificant. He expressed concern that delegating minor
amendments to the staff level would circumvent the public’s knowledge of and
involvement in the process
Van
Crandall,
He
added that he felt the consistency statement was not true.
He
added that he felt that any council member working for a development company
should not vote on the matter.
The public hearing was closed.
To
clarify, Mr. Schifano noted that the scenario presented by the speaker in
regard to incremental changes that the percentages presented pertained to the
original footprint of the approved plan.
Councilman
Dickson said he recognized the logic of what the ordinance would accomplish.
Mr.
Zawadski asked what if staff were to report such
approvals, and then the Council would have the opportunity to bring the item
before them.
Councilman
DeBenedetto reiterated his opposition to the proposed ordinance.
Action #1: The
Council entertained a motion
to accept the following statement as true:
“The requested UDO Text Amendment is consistent with the
The motion, however, died for lack of a second.
Motion By:
Dickson
Second By:
none
Vote:
none. The motion failed to
carry.
Action #2: No action was taken, and the
ordinance was not adopted, because the Council did not accept the proposed
consistency statement as true.
7c. Public Hearing: Ordinance 07-19, UDO Amendment (07-UDO-11),
Section 10.07 Remedies or Penalties for Violations – Ms. Trautz explained that earlier this year, staff
reviewed with Town Council allowable signage and the process of handling sign
violations. As a result of that
presentation, staff was tasked with improving the violation/penalty process for
violators of the sign ordinance. She
said this amendment shortens the length of time a notice of violation is served
for temporary signs and reduces the number of times staff must notify a
violator prior to issuing a citation for all violations.
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 #1: The
Council approved a motion
to accept the following statement as true:
“The requested UDO Text Amendment is consistent with the
Motion By:
Dickson
Second
By: DeBenedetto
Vote:
Unanimous.
Action #2: The
Motion By:
Dickson
Second
By: DeBenedetto
Vote: Unanimous.
A copy of Ordinance
07-19 is incorporated into these minutes as addendum pages.
7d. Public Hearing: Annexation Petition A07-06 – Mr. Zawadski said the Town
has received a petition for voluntary annexation of approximately 8.65 +/-acres
located at the corner of
With that explanation completed, Mayor Sears opened the
public hearing to accept input. The
following comments were recorded: None.
The public hearing was closed.
Action:
The Council approved a motion to adopt Annexation Ordinance A07-06 annexing
approximately 8.65 +/- acres owned by Eleanor P. and James D. Ballard, and more
particularly described as Wake County PIN: 0669-46-1169, into the corporate
limits of the Town of
Motion By:
DeBenedetto
Second
By: Womble
Vote: Unanimous
A copy of Annexation Ordinance A07-06 is incorporated into these minutes
as addendum pages.
7e. Public Hearing: Zoning Map Change Petition 07-REZ-13 – Mr. Zawadski said the
Town had received a request for rezoning of property located at the
intersection of
Mr. Zawadski said the owner has requested the following conditions be
placed on the property:
Mr. Zawadski reported that the Planning Board had
reservations about the first four conditions because members felt that those
issues should be enforced by the property owners or homeowners association and
not the Town.
With that explanation completed, Mayor Sears opened the
public hearing to accept input. The
following comments were recorded:
Chuck Piratzky,
The public hearing was closed.
Mayor Sears
repopened the public hearing.
Patricia Jones –
Ms. Jones owns property across the street and asked how the rezoning would impact
her property. Staff and the Town
Attorney explained that the rezoning itself would have no impact; however, the
Town Attorney noted that development of the property might.
There being
no further comment, the public hearing was closed.
Action
#1: The Council approved a motion to agree that the following statement is true: “The requested zone map change from R-30 to
R-10 CU is consistent with the
Motion By:
Dickson
Second
By: DeBenedetto
Vote: Unanimous
Action #2:
The Council approved a motion to approve Zoning Map Change Petition
07-REZ-13 to
change the zoning of 8.65 acres of Wake County
Motion By: Dickson
Second
By: DeBenedetto
Vote: Unanimous
7f. Public Hearing: Special Use Exception Application 07-SEU-09
– Ms. Huffman said the applicant is Nilufar
Yeasmin who is requesting a Special Exception Use to
allow a Family Childcare Home at
She said only 20% of the total
square footage of the home is permitted for the operation of a home-based
business. The total square footage of
the structure is 2,548 square feet, and the applicant is able to use up to 509
square feet for the business.
She
said the applicant is proposing to use 294 square feet, which is located in the
living room, for the Family Childcare Home.
Ms. Yeasmin would be in compliance with the
UDO and has answered all of the Special Exception Use Findings of Fact.
Ms.
Huffman reported that the Planning Board voted to deny the Special Exception
Use because the floor plan was not available.
After the Planning Board meeting, the floor plan was presented. She added that staff verified that the floor
plan provided is in keeping with the application and would meet applicable
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.
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: DeBenedetto
Vote: Unanimous.
Action
#2: Having made the findings of fact that the project
meets the requirements to be granted a Special Exception Use, the Council
approved a motion to approve Special Exception Use Petition #07-SEU-09 for
1)
All
State and Local permits are to be obtained.
Motion By:
Dickson
Second
By: DeBenedetto
Vote: Unanimous.
A copy of Special
Exception Use application 07-SEU-02 entered into the record by the applicant
and addressing the findings of facts is incorporated into these minutes as
addendum pages.
7g. Public Hearing: Main Street Square Element H Development Plan
07-DP-19 – Ms. Huffman said Element H is one of
the last Elements in the Main Street Square Planned Unit Development. It is located within the Neighborhood Central
District and would house a total of 48 apartments.
She said the review of this project differs
from that of other apartment buildings reviewed within the PUD due to the
building’s housing an underground parking garage.
She explained just like all of the
rest of the projects, Element H would utilize the shared parking ratio as
specified in the PUD. The architectural
treatment of the building is in keeping with the same architecture for the
other apartment buildings located within the PUD.
With that explanation completed, Mayor Sears opened the
public hearing to accept input. The
following comments were recorded: None.
The public hearing was closed.
Action:
The Council approved a motion to approve Development Plan #07-DP-19 for
Main Street Square Element H as submitted by Marty Bizzell,
project number 05904000, dated revised
Motion By:
Womble
Second
By: DeBenedetto
Vote: Unanimous
At this time Mayor Sears explained that he is entered into a
contract with Twelve Oaks Inc. and he was passing the gavel to Mayor Pro Tem
Dickson and would not preside over the
meeting for this agenda item. For
purposes of maintaining a quorum of 4 Council members, however, Mayor Sears, at
the recommendation of the Town Attorney and Town Clerk said he would not recuse himself.
Councilman DeBenedetto
said he disagreed and that Mayor Sears should recuse
himself in this matter as he has in all past matters tied to Twelve Oaks. He suggested and maintained throughout
discussion that the public hearing should be tabled.
To handle the logistics in a
cleaner, more cost-efficient way, staff suggested that the Council – if its
desire was to postpone action until a more full board was in attendance –
should open the public hearing and continue it.
7h. Public Hearing: Twelve Oaks, Phase 5 Development Plan
07-DP-21 – Mr. Zawadski said the Town has
received a request for a Development Plan for townhouses within the 12 Oaks
PUD. The proposed development plan
includes 51 two-story townhouse units that would be accessed by a new street
that would connect with the existing Green Oaks Parkway.
He said the townhouses are proposed to have one-car garages
and at least two-car driveways. A total
of 114 parking spaces are proposed throughout the site as well as a sidewalk on
one side of the street. No open space is
proposed with this phase of the 12 Oaks development.
Mr. Zawadski said the front elevations of the townhouses are
proposed to be constructed entirely of brick.
Other architectural elements include shutters, façade modulation,
roofline variation, multiple dormers, multiple brick patterns, window mullions
and window keystones. The side and rear
elevations are proposed to be constructed with a combination of horizontal
cement siding and shakes. Other
architectural elements include roofline variation, façade modulation,
decorative window molding, and shutters.
With that explanation completed, Councilman DeBenedetto entertained a motion that the issue be tabled
until Dec. 4. Mayor Pro Tem Dickson
seconded the motion.
At this time, Director of Planning & Zoning Gina Clapp
addressed the Council, pointing out that the issue could not be tabled until
Dec. 4 unless the public hearing was opened and continued. The other option, she said, would be to
reschedule the public hearing, which would have to be held in January since
advertising requirements and holiday schedules would not allow an earlier date.
Mayor Pro-tem Dickson withdrew his second to the motion, and
the Council agreed that opening the public hearing and continuing it would be a
better option.
Mayor Pro-tem Dickson opened the public hearing to accept
input. The following comments were
recorded:
Randy Smith – Mr. Smith, representing the applicant, asked if the mayor
would be voting on the question.
Mr. Smith said he felt the development plan is in keeping
with the UDO and said he felt the mayor should not have to recuse
himself since he does not vote. He urged
the Council to move forward and not table the question.
Tom McKay – Mr. McKay, the developer, addressed the Council and explained
that the company is prepared to move forward with this section of Twelve Oaks,
but the time of the year is precarious for them. He asked that there not be a delay because
that small delay may translate in to many weeks of delay, depending on the
weather.
There being no further comments, the
public hearing was continued until Dec. 4.
Action:
The Council approved a motion to table action on development plan #07-DP-21 for 12 Oaks Phase 5 as submitted
by Spaulding and Norris, project number 410-02, dated revised
Motion By:
DeBenedetto
Second
By: Womble
Vote: Unanimous
At this time, Tom Spaulding asked to
address the Council.
Tom Spaulding, 972 Trinity Road,
Raleigh – Mr. Spaulding, of Spaulding & Norris, addressed the Council
and asked if the company could move ahead to submit construction drawings and assume
the risk of the development plan’s not being approved as presented.
No answer was given.
At this time, Mayor Pro Tem Dickson returned the gavel to Mayor
Sears to preside over the remaining agenda items.
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
8b. Budget Amendment Report –
The Council received a report of
monthly amendments to the FY 2007-08 budget approved by the Town Manager. A copy of the budget amendment report is incorporated into these minutes
as addendum pages.
8c. Budget Amendments, $15,000
– The Council adopted amendments to the FY 2007-08 budget in the amount of
$15,000 to accept donations for the Town’s Parks and Recreation, Police and
Fire/Rescue Departments. A copy of the budget amendments is
incorporated into these minutes as addendum pages.
At this time, Councilman DeBenedetto
expressed his appreciation to Councilman Atwell for his contributions and
thanked him for his service.
9a. Holly Grove Middle School Athletic Facility
Joint Use Agreement – Mr. Bradley said that for some time
staff has discussed the possibility of entering into a level IV Joint Use
Agreement with Wake County Schools by participating in the development of the
new middle school on Avent Ferry Road.
Following meetings with the staff at the
He add that although
The
use of the middle school is a possibility; however, to make this happen
the Town will need to move quickly due to the stage of planning in the school
development.
He
said at this time, staff seeks approval in concept of moving forward with a
Joint Use Agreement by agreeing to provide funding for the additional planning
on this campus while we consider the future costs of lighting the football
field and track, lighting and irrigating the softball field and building a
restroom/concession building.
Mr.
Bradley said there would be additional expenses of providing seating at these
facilities and the maintenance of the facilities for the next 25 years.
The estimated costs for this project are as follows: football field lighting, $80,000; football
field seating, $50,000; softball field lighting, $50,000; softball field
irrigation, $15,000; softball field seating, $15,000; and restroom/concession
areas, $90,000 for a total of $305,000.
He
said the Town currently has approximately $80,000 remaining in the budget for
the high school improvements projects, and Wake County is showing interest in
participating in the project by providing the $50,000-plus it also has
remaining.
The remaining
appropriation for the project would be about $175,000 should the Town agree to
join in this effort.
Mr.
Bradley said staff is requesting that Council support this concept to
allow the Town to move forward in the participation of plans. To this
point a letter has been sent to Associate Superintendent Mike Burris
explaining the Town’s standing at this time.
Action:
The Council approved a motion to approve in concept a joint use agreement
with Wake County Public Schools System and participation in planning and
construction of athletic facilities at the middle school on
Motion By: Dickson
Second By: Womble
Vote:
Unanimous.
9b. Jones Park Parking Lot Bids –
Mr. Bradley said the bids for the parking lot at Jones Park have been received
as follows: Booker Construction $157,980; Gelder
and Associates $164,896; and Asphalt Experts $166,239.75.
He said the original plan was for
the parking lot to be on the campus of
He
said the change in the parking lot location increased the cost of construction
due to the lengthened entrance and created a shortage in the budgeted funds for
the project. The additional funding needed is $80,000, which is available
in the Parks and Recreation Reserves account.
It
is recommended that the Booker Construction bid be accepted and awarded and
that $80,000 be appropriated from the Parks and Recreation Reserve Fund, Mr.
Bradley said.
Action: The Council approved a motion
to award the contract for
Motion By:
Womble
Second By: Dickson
Vote: Unanimous.
A copy of the budget amendment is incorporated into these minutes as an addendum
page.
11.
Other Business: Councilman Dickson reported that
the Yellow Jackets Mighty Mites fared well in the East Wake Super Bowl. He added that the cheerleaders won awards,
too.
Councilman DeBenedetto and
Councilman Dickson commended staff for clean-up efforts.
12.
Manager’s Report: Mr. Dean reported to the Council
on upcoming dates of interest. He also
commended employees on the roadside clean-up project. He reported that the Town had received a
check for $259,000 as a credit on the cultural center project.
13.
Closed Session: None.
14.
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.