Regular Meeting
Dec. 4, 2007
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 the
4.
Agenda Adjustment: The
Motion
By: Atwell
Second
By: Dickson
Vote: The motion carried following a 3-2
vote. Councilmen VanFossen, Atwell and
Dickson voted for the motion. Councilmen
DeBenedetto and Womble voted against.
Items
Added to the Agenda: Ordinance 07-18
to amend the Unified Development Ordinance to provide for administrative
approvals of some limited types of planning issues.
Items
Removed from the Agenda: Item 5b., the
annual financial audit report, was removed and rescheduled for
Consent
Agenda Items Moved to New Business:
None.
Other
Changes: None.
At this time, Councilman Atwell
asked why Councilman DeBenedetto took issue with the addition of
reconsideration of Ordinance 07-15, which he requested be added because he was
not present during the Nov. 20 Council meeting when it was originally
considered.
Councilman DeBenedetto said he did
not agree that it should be revived.
Councilman Atwell maintained that
the subject should be revived because he had an interest in the question and
was unable to participate in that discussion where only 3 council members were
present.
No action was taken on the ordinance
proposal on Nov. 20 because a majority of the council members in attendance
(Councilman DeBenedetto and
After Nov. 20, the town attorney and
other staff members researched and determined that a zoning consistency
statement is not necessary for an ordinance to amend the UDO, only for land use
matters. This left the question on
proposed Ordinance 07-18 open-ended.
The public hearing was held and
closed on Nov. 20, and no action was taken on the ordinance. Councilman Atwell, who was not present at the
Nov. 20 meeting, requested that since no action was taken on the ordinance that
it be revived and added to the Dec. 4 agenda.
Councilman DeBenedetto disagreed.
5a.
Action: None.
5b.
Town FY 2006-07 Audit Report - This item was removed
during Agenda Adjustment.
At this time, Mayor Sears requested to be recused from the
next agenda item, saying that he is contracted by Wakefield Development, the
applicant. He asked to be recused and
that the meeting temporarily be presided over by Mayor Pro Tem Dickson.
Councilman VanFossen also asked to be recused, saying that
he is the architect designing the development’s clubhouse.
Councilman Atwell
made a motion to recuse Councilman VanFossen and Mayor Sears from deliberations
and action on agenda item 6a, public hearing on proposed development plan of
Twelve Oaks, Phase 5. The motion was seconded
by Councilman DeBenedetto. The vote was
unanimous.
6a.
Public Hearing: 07-DP-21, Twelve
Oaks Phase 5 – Mr. Zawadski said that the Town has received a request for a
development plan for townhouses within the 12 Oaks Planned Unit Development. He said 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.
Mr. Zawadski 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.
He 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.
Councilman DeBenedetto asked what the density would be for
this phase of 12 Oaks. He added that he figured
it would be six units per acre.
Mr. Zawadski said the density was in keeping with the
approved PUD.
Councilman DeBenedetto asked about the reuse water system
and how it might be affected by the drought.
Ms. Sudano explained that the reuse
system would not be affected by drought conditions since reclaimed water is
constant, and the nature of the water is treated waste water.
In response to a question about the
number of doors on a four-unit design with garages facing forward, the builder
explained that units have side entries, too.
Tom McKay added that he is excited
about the whole new price range and thinks the Town will be pleased with the
results.
There being no further input, the
public hearing was closed.
Action:
The
1.
All
previously approved conditions for the Twelve Oaks PUD will also apply to this
phase.
2.
Prior
to Final Plat, the following must be completed:
a.
Payment
of fees-in-lieu of land dedication in the amount of $904/unit.
b.
Recorded
Homeowner’s Association covenants (documenting maintenance of open space,
private streets, street trees, reuse, street lighting, etc.) will be required
during the plat process. These must be
submitted for Town review and approval prior to recordation.
3.
Prior
to 1st submittal of construction drawings, the following items are
to be addressed or included with the plans (later in the approval process):
a.
A
comprehensive drainage area map with calculations.
b.
Show
and label backwater easements (to be recorded) at stream crossings and storm
drainage inlets; provide 100 year calculations accordingly.
c.
All
conservation easements are to be labeled consistently with previous phases as
“10’ conservation/drainage easement” on each side of the wetlands.
d.
Riparian
Buffer Homeowner education packet must be submitted with first erosion control
plan submittal.
Motion By: Atwell
Second
By: DeBenedetto
Vote: Unanimous.
Councilman Atwell made a motion to readmit Councilman
VanFossen and Mayor Sears into the meeting.
The motion was seconded by Councilman Womble, and it carried unanimously.
7.
Consent Agenda: The Council approved a motion to
approve all items on the Consent Agenda.
The motion carried following a motion by
7a. Compost Site and
Budget Amendment, $7,200 - The Council approved to enter a contract in the amount of
$7,200 for state permit submittal consulting services for the town’s yard waste
composting site and adopted an associated budget amendment. A copy of the budget amendment is incorporated
into these minutes as an addendum page.
7b.
7c.
Ordinance 07-20, 4-way Stop – The Council
adopted Ordinance 07-20 establishing a
4-way stop at the intersection of Avent Ferry Road (SR 1115) and Ballentine
Street. A copy of Ordinance 07-20 is incorporated into these
minutes as addendum pages.
7d.
Historical Photographs Publication
– The Council approved to enter a contract with Arcadia Publishing for
publication of the
7e. CY 2008 Town Council Regular Meetings
Schedule – The Council adopted the CY 2008 schedule of Town Council regular
meetings.
7f. Budget Amendment, $1,000
– The Council adopted an amendment to the FY 2007-08 budget in the amount of
$1,000 to accept a donation for the Buddy Sports Program. A copy
of the budget amendment is incorporated into these minutes as an addendum page.
7g. Resolution 07-42 – The Council adopted
Resolution 07-42 directing the town clerk to investigate the sufficiency of
annexation petition A07-07 and setting a public hearing on the question of
annexation for
Unfinished Business:
Ordinance 07-18, UDO Amendment (07-UDO-10), Section 9 –
This item was added under Agenda Adjustment.
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 become comfortable
with the UDO’s regulations. The
following revisions 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 would 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.
Mr. Zawadski reported that the
Technical Review Committee and the Planning Board recommend
approval, except that the Planning Board recommended staff-level approvals to building
height increases to 15% and percentage increase in number of lots limited at 10
lots.
Mr.
Zawadski said the reason staff is requesting this procedural change is that it
takes the same amount of time for a developer to add one lot to a subdivision
as it takes to go through the review process for an entire subdivision.
Councilman
DeBenedetto said he felt this time as he did on Nov. 20 that it was the
Council’s duty to review and consider all 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.
Councilman
DeBenedetto made a motion that the proposed ordinance be tabled until the new
Council was seated.
There
was much discussion as to the appropriateness of reviving this issue. Councilman
DeBenedetto said he felt if it was to be revived, another public hearing should
be scheduled, advertised and held, and the new Council should be the
decision-making body.
Councilman
Atwell and Dickson explained that the public hearing already had been held and
input recorded, and the hearing was closed.
Councilman Dickson explained that tonight’s discussion should be
compared to any other action following a public hearing that is held on the
same evening as the action.
Councilman
DeBenedetto disagreed.
Councilman
Atwell asked if it was because he didn’t want Councilman Atwell to vote on the
question.
Councilman
DeBenedetto said as far as he was concerned the Council had already taken
action on the item on Nov. 20.
Councilman
DeBenedetto had made a motion that the proposed ordinance be tabled until the
new Council was seated.
Mayor
Sears called for a vote on the motion.
The
motion failed to carry following a 2-3 vote.
Councilmen DeBenedetto and Womble voted for the motion. Councilmen VanFossen, Atwell and Dickson
voted against.
Councilman
VanFossen explained that the Technical Review Committee had asked staff to
investigate this possible change and that it was not unusual for a municipality
to provide for administrative approvals of some plan changes. He stressed that he felt the Council could
trust staff to make sound decisions and that they would bring anything to the
Council that was out of the ordinary.
Councilman
Atwell added he felt that the Town’s planning and development staff were
experts in their career fields and should be trusted.
Action: The
Council approved a motion to adopt ordinance #07-18 to enact UDO Text Amendment
#07-UDO-10 to modify the text of UDO Section 9 Administration and Decision
Making Bodies as recommended by staff and the Planning Board (including a
limitation on additional lots at 10.)
Motion
By: VanFossen
Second
By: Atwell
Vote: The motion carried following a 3-2
vote. Councilmen VanFossen, Atwell and
Dickson voted for the motion. Councilmen
DeBenedetto and Womble voted against. A copy
of Ordinance 07-18 is incorporated into these minutes as addendum pages.
8a. Organizational Meeting: Oaths of Office - Mayor Sears presented an award of appreciation
and a proclamation to retiring Council Member Peter Atwell who has served on
the Council since 1999. Councilman
Atwell retired the from his seat, giving a brief farewell address urging the
Council to continue its good work, to not forget the details that add to the
quality of life in Holly Springs and to support staff, who he feels are top
notch.
Ms. Powell then administered the
oath of office to incumbent Town Council member Parrish Womble and newly-elected
Councilman Tim Sack.
A new quorum was established as the mayor and all
five council members were present as the meeting resumed.
8b. Organizational Meeting: Election of Mayor Pro Tem –
Mayor Sears explained that a part of the Organizational Meeting is the election
of a council member to serve as mayor pro tempore, serving as vice chairman of
the council and as mayor during the absence or disability of the mayor.
He said that currently, Councilman Dickson
serves as mayor pro tem, a position he has served in during his past two terms
on the Council.
Mayor Sears opened the floor for
nominations for mayor pro tem.
Councilman DeBenedetto nominated
Councilman Sack.
Councilman VanFossen nominated
Councilman Dickson.
Action:
The Council approved a motion to close the nominations.
Motion By:
Sack
Second By:
Dickson
Vote:
Unanimous
Mayor Sears asked for a show of
hands for those who were in favor of Councilman Sack’s being named mayor pro
tem. Councilmen DeBenedetto, Womble and
Sack raised their hands, so there was no further need for action, and
Councilman Sack was appointed mayor pro tem through the next Organizational
Meeting, which will be held in December 2009 following the next municipal
election.
8c. Appointment of
He then reviewed a list of those who
have expressed an interest in individual positions.
Mayor Sears reported that the terms
on these agency representatives would expire at the next Organizational
Meeting, which will be the first Tuesday in December 2009 following the next
municipal election.
Nominations to the agencies were as
follows:
·
Triangle
J Council of Governments Board Member: Councilman
DeBenedetto.
·
Triangle
J Council of Governments Board Member Alternate: Councilman Sack
·
Triangle
J Smart Growth Committee: Staff members Gina Clapp and
·
·
Transportation
Advisory Committee of CAMPO: Mayor Sears and Councilman VanFossen as
alternate.
·
·
·
·
Wake
9a.
Planning and Zoning / Board of Adjustment Appointments – Ms.
Clapp explained that on Dec. 31 of each year, the terms of several members of
the
Ms. Clapp said the Council is
responsible for the appointment of “in-town” members to the
Ms. Clapp said the Council needs to appoint one in-town
alternate member to the Board of Adjustment with a term ending
She added that the Council is to
appoint two in-town members to the Planning Board with terms ending
Ms.
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.
Mayor Sears asked the Council
members to make individual nominations before acting on appointments as a
board.
Board of Adjustment: 1 In-Town
Alternate:
Councilman DeBenedetto nominated Cynthia
Gibbons.
Councilman VanFossen nominated Cynthia
Gibbons or Chandler Cobb.
Councilman Sack nominated Cynthia
Gibbons.
Councilman Dickson nominated Cynthia
Gibbons or Chandler Cobb.
Action #1: The Council
approved a motion to appoint Cynthia Gibbons as an in-town alternate member of
the
Motion By: Dickson
Second By: Womble
Vote: Unanimous.
Board of Adjustment: 1 ETJ Alternate Member:
Councilman
DeBenedetto nominated Arthur Barham
Councilman
VanFossen nominated Arthur Barham.
Councilman
Sack nominated Arthur Barham.
Councilman
Dickson nominated Arthur Barham.
Action #2: The Council
approved a motion to recommend to the Wake County Commissioners that Arthur
Barham Jr.be appointed to the
Motion By: Dickson
Second By: Sack
Vote:
Unanimous
Planning
Board: 2 In-Town Members:
Councilman
DeBenedetto nominated Mark Shank and Christine Boretti
Councilman
VanFossen nominated Vincent D’Agostino and Donna Milligan
Councilman
Sack nominated Mark Shank and Christine Boretti.
Councilman
Dickson nominated Vincent D’Agostino.
Action #3: The
Motion By:
Sack
Second By: Womble
Vote:
Unanimous
Planning Board: 1 ETJ Member:
Councilman
DeBenedetto nominated Betina Osborne
Councilman
VanFossen nominated Bill Rousseau.
Councilman
Sack nominated Betina Osborne.
Councilman
Dickson nominated Bill Rousseau.
Action #4: The Council
approved a motion to recommend to the Wake County Commissioners that Betina
Osborne be appointed to the
Motion By: Sack
Second By: Womble
Vote:
Unanimous
9b. 02-
He said the plan also now indicates
specific areas that would be set aside to satisfy the developed open space
requirement for integrated centers, which was a previous condition of approval.
He
said the design guidelines include specific requirements for the design of
buildings, landscaping, and other site and appearance elements in
Action #1: The
Council approved a motion to approve detailed master plan amendment #02-
- All previous conditions of approval for this master plan apply to
this amendment.
- For each development plan, provide completed Industrial Waste short
survey Form
- The following items are to be addressed prior to or with the first
construction drawings submittal:
a.
A
Sewer Line Sizing Report for all lines that are stubbed to adjacent upstream
properties shall be submitted.
b.
The
waterline on
c.
Show
and label backwater easements (to be recor
d.
All
environmental permits for the entire project will be required with the first
set of construction drawings.
Motion By:
Dickson
Second By: DeBenedetto
Vote:
Unanimous.
Action #2: The
Council approved a motion to approve a waiver of regulations of UDO Section
7.03 Sign Regulations for Petition #02-
Conditions for additional consideration:
1.
The
unused wall signage from the rear of Harris Teeter, the rear of Building B and
the rear of Building I, for a maximum of 540 sq ft can be applied to the three
monument signs. If applied, the additional square footage must be
distributed among all three signs.
2.
A
sign permit must be reviewed and approved by staff prior to construction.
Motion By:
Dickson
Second By: DeBenedetto
Vote:
Unanimous.
9c. 07-DP-22,
He said this phase of development
would be accessed by the main access road (tentatively named
Mr. Zawadski said the plan includes
319 parking spaces for both buildings. A
parking waiver is being requested with the development plan to allow more than
75% of parking spaces to be located in front of the buildings. A pedestrian connection is provided through
the parking lot to connect the sidewalk along
He
said this project is located within a Gateway Corridor and is therefore subject
to a higher degree of architectural requirements. Since this project is also an integrated
center, all of the buildings are required to utilize similar building colors,
materials, texture, architectural design features, roof treatment, and façade
modulation to ensure the development has a consistent look and feel.
He said this phase of development
proposes two buildings that utilize similar materials and colors, but not
similar architectural design features, roof treatment, and façade modulation as
required for Integrated Centers by the UDO.
Overall, the major difference in the building design is evident in the
suburban Harris Teeter design (minimal windows, pitched roof, no pedestrian
level design elements), as opposed to the retail building which has a more
urban and traditional retail storefront design (multiple windows, awnings, flat
roof). Furthermore, Staff has been
presented with elevations proposed for future phases of development, and they
are designed to be consistent with the retail buildings of this phase.
Staff recommends a condition on
approval to require the revised Harris Teeter building to comply with the UDO
to ensure consistent design style throughout the development.
The Planning Board determined, after
extensive discussion, that the design of the building is subjective and that it
is not as concerned about the design consistency. Although there is disparity,
the design of the Harris Teeter building does fit in with the entire project.
Mr. Dean explained that there is
some confusion because the
Councilman VanFossen agreed that it
would be necessary to see elevations altogether to determine how integrated the
plan is.
Chris Grimes, Kline and Associates,
architects for the project – Mr. Grimes explained that the design of the Harris
Teeter is purposeful. He added that
architects are making cognizant decisions, trying to create a
Councilman VanFossen maintained that
he would like to have a more clear vision of what the entire center would look
like.
Action #1: The Council approved a motion
to approve a waiver of regulations of UDO Section 7.04 E., 3., to allow more
than 75% of the parking to be placed between the front building line and front
property line in association with Development Plan #07-DP-22 for Southpark
Village Ph. 1A as submitted by Stephens Property Group, LLC, project number
3438-0001, dated revised
Motion
By: Womble
Second
By: DeBenedetto
Vote: Unanimous.
Action #2: The Council approved a motion
to approve development plan #07-DP-22 for Southpark Village Ph. 1A as submitted
by Stephens Property Group, LLC, project number 3438-0001, dated revised
11/26/07 with the following conditions (note the deleted conditions designed by
strikethrough text):
1.
All
previous approval conditions for the South Park Master Plan will apply to this
plan as well.
2.
Note
that prior to construction of Phase 1A; the water line, sewer line, interior
street access and any other infrastructure needed to serve this phase will be
required to be installed or constructed.
If this is not completed prior to construction of Phase 1A, these items
should be included with the construction of this phase.
3.
A
fee-in-lieu of pump station upgrade will be required for this project.
4.
The
following items are required to be addressed with the first set of construction
drawings:
a.
Show
and label backwater easements (to be recor
b.
A
Sewer Line Sizing Report will be required for all lines that are stubbed to
adjacent upstream properties.
c.
All
environmental permits for the entire project will be required
d.
Verify
that the water lines are shown and labeled – specifically how it ties into the
line the Shoppes at
5.
Prior
to issuance of Building Permit, the following must be completed:
a.
The
design for the developed open space area must be submitted to and approved by
the Department of
b.
A
detailed lighting plan is to be submitted to and approved by the Department of
Planning & Zoning.
6.
Within
10 days after Town Council action, revised plans are to be submitted to the
Department of Planning & Zoning with the following items addressed,
otherwise the action will be null and void:
a.
Provide
accurate parking space calculations for this phase in the site data table and
include the specific ratios and square footages used for the calculations.
b.
Revise
landscape plan boundaries to match the boundaries of phase 1A.
c.
Show
the 4,000 s.f. open space area on the site plan to match the landscape
plan.
d.
Revise Harris Teeter building elevations to comply with UDO Section
3.08.,B.,1.,d.,(2) to ensure consistent design style throughout the development.
e.
Revise
Harris Teeter building elevations to provide a clearly identifiable base, body,
and cap as required by the master plan design guidelines.
f.
Revise Harris Teeter building elevations or building
footprint shown on the plans to match.
Motion
By: Womble
Second
By: DeBenedetto
Vote: The motion carried following a 4-1 vote. Councilmen
DeBenedetto, Womble, Sack and Dickson voted for. Councilman VanFossen voted against.
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. The following input was recorded:
Rev. Otis Byrd – Rev. Byrd addressed the Council, announcing that a
citizens group is organizing a Martin Luther King Jr. Day celebration in
January. He said Lt. Gov. Bev Purdue would
attend, and the featured speaker would be Wake County Board of Education
Chairman Rosa Gill.
11.
Other Business: Councilman Womble asked about the
expansion of the Holly Springs Post Office.
The United States Postal Service,
Councilman Womble asked the town
manager to investigate the possibility of installing caution signs and signals
on
He also asked that the town explore
improving its Christmas decoration displays and adding twinkle lights in the
street trees downtown.
12.
Manager’s Report: Mr. Dean reported to the Council
on upcoming dates of interest.
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.