Regular Meeting
Feb. 5, 2008
The
Staff Members Present:
2 and 3.
The Pledge of Allegiance was recited, and the meeting opened with an
invocation by Rev. Doug Parlin, pastor of
4.
Agenda Adjustment: The
Motion
By: Dickson
Second
By: DeBenedetto
Vote: Unanimous
Items
Added to the Agenda: Add presentation about Rail Barrel Program as
item 6b.; Add discussion of irrigation system fees as item 8f.
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:
Resident of
6.
6b.
Rain Barrel Program – Mr. Weeks addressed the Council, explaining a proposed new program to
offer rainwater collection barrels to residents at cost. He asked the Council to provide start-up
funding of $8,000 and to establish the program.
Mr. Weeks explained that the purpose
of the program would be to serve as a voluntary water conservation strategy
that would help alleviate the negative impacts associated with the current and
future droughts
He added that benefits of the
program would include the following:
(1) Reduces the dependence on the
town’s municipal water system for landscaping uses.
(2) Reduces utility bills and is not
subject to the Town’s watering restrictions.
(3) Decreases erosion and flooding
and helps control chronically wet areas in yards.
(4) Lessens the amount of fertilizer
and other pollutants that wash into storm drains with rainwater.
(5) Provides education to homeowners on stormwater pollution.
Mr. Weeks added that the barrels would be sold on
consignment from the supplier, Rain Barrel USA.
Barrels come in two sizes. The
60-gallon models would sell for $80; the 80-gallon barrels would sell for $90,
which includes a $5 delivery charge to a buyer’s home in
Action:
The Council approved a motion to
establish a rain barrel program to include adoption of an amendment to the FY
2007-08 budget in the amount of $8,000 to provide initial start-up funding for
the program and authorization for the town’s costs to be included in the rates
and fees schedule.
Motion By: Sack
Second By: Dickson
Vote:
Unanimous
7.
Consent Agenda: The Council approved a motion to
approve all items on the Consent Agenda.
The motion carried following a motion by
7a. Minutes - The Council approved minutes of the Council’s regular meetings held in
November 2007.
7b.
Resolution 08-02 –
The Council adopted Resolution 08-02 accepting $17.5 million in NC Clean
Water State Revolving Loan funds for expansion and upgrade of the Utley Creek
wastewater treatment plant. A copy
of Resolution 08-02 is incorporated into these minutes as addendum pages.
7c.
Town’s Booster Pump Station Easement
– The Council granted right of way from the town’s booster pump station
property on
7d.
Annexation Surveying Contract – The Council
approved to enter a contract with Mauldin–Watkins Surveying for preparation of
annexation maps. A copy of the Mauldin-Watkins
Surveying contract is incorporated into these minutes as addendum pages.
7e.
2008
7f.
Resolution 08-03 – The Council adopted Resolution
08-03 entering into an interlocal agreement with NCDOT for a traffic signal at
the intersection of
7g.
Budget Amendment, $15,000 – The Council adopted
an amendment to the FY 2007-08 budget in the amount of $15,000 to increase the
part-time salaries line item for
7h.
Western Wake Coordination and Technical Services
– The Council approved to retain services of Davis-Martin-Powell &
Associates at a cost not to exceed $20,000 for Western Wake coordination and
technical services as needed. A copy
of the Davis-Martin-Powell & Associates contract is incorporated into these
minutes as addendum pages.
8a. Trail and Greenway Construction Grant – Mr.
Barnard asked for the Council’s endorsement for two grant applications for
trail and greenway construction.
Mr.
Barnard said the Adopt-a-Trail grant would be for materials for the
construction of a nature trail at
He
explained the
Action:
The Council approved a motion to endorse the Town’s applications for
grant funds to assist in the construction of trails and greenways.
Motion By: Dickson
Second By: Womble
Vote:
Unanimous.
A copy of the trail and greenway grant is incorporated into
these minutes as addendum pages.
8b. Parkside Phase 3, Flood Study Impact
Determination – Ms. Stephenson said that Parkside
Village Phase 3 proposes to raise the 100-year flood elevation of a tributary
to Basal Creek. The tributary is within
the existing Somerset Basin Flood Study.
She
said in accordance with Policy Statement P-018, a rise is not permitted in areas
identified with a flood study; however, the finished floors adjacent to the
creek in this basin are at least 2 feet and above from the 100-year water
surface elevation. Therefore, the Council has permitted the Somerset Basin
Flood Study to be previously modified by Main Street Square and
Ms.
Stephenson said the proposed increases from Parkside Subdivision in the100-year
flood elevations when compared to the post-South Park Village Flood Study range
from .01 foot to .03 foot. Staff, she
added, that this is only a nominal increase and would not affect finished
floors. Because the policy statement
states that “no” increase is allowed, the question is being presented to the
Council, and staff recommends approval.
Action: The Council approved a motion
to approve the modified Somerset Basin Flood Study.
Motion By:
Sack
Second By: Womble
Vote:
Unanimous.
8c.
Mr. Zawadski explained the site
includes one right-in and right-out access drive located off of
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 building as well as a second waiver to allow more than
110% of the minimum number of spaces required.
He said the pedestrian connections
are provided through the parking lot to connect the front entrance of the
building to 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 also is located in the
Mr. Zawadski said over the past
year, staff has met with developers and engineers regarding the proposed
He said that staff decided to bring
the proposal to the Technical Review Committee (
He said the applicant officially
submitted plans for review on
Site plans were submitted for a
second time and elevations for a first time (delayed due to coordination with
the Southpark Village Design Guideline approval) on
Mr. Zawadski said overall, staff
feels the proposed layout is the best design for locating a 13,225-square-foot
pharmacy, 51 parking spaces, two drive-through lanes, and a semi-truck loading
area on a 1.5-acre parcel.
He said the applicant is requesting
two parking waivers with the development plan.
The first waiver requests to allow more than 75% of parking spaces to be
located in front of the building and the second request is to provide more than
110% of the minimum number of spaces required.
He
said staff feels the applicant has provided adequate justification to locate
all of the parking spaces between the front of the building and the adjacent
right of way (corner lot has two front yards, topography, site circulation,
grade separation with adjacent right of way.)
However, Staff does not feel any additional parking spaces are needed
beyond the 110% maximum requirement, based on the parking demand study.
He said the current
The parking demand study recommends
that pharmacies provide 120% of the minimum number of spaces required by the
UDO at a rate of 4.15 spaces per 1,000 square feet. This recommendation is a worst case scenario
that includes seasonal factor increases, minute clinic increases, and effective
parking supply increases. But the actual
average observed occupancy was only 30 spaces.
He said additionally, a
14,600-square-foot Walgreens pharmacy (1,375 square feet larger than the
proposed
This property is part of the
He explained that based on the
results of the parking study, the recently approved Walgreens pharmacy, and the
goal of integrated centers, Staff suggests utilizing the 110% maximum allowed
by the UDO without a waiver, which would allow for a total of 51 spaces at a
rate of 3.85 spaces per 1,000 square feet.
Mr. Zawadski reported that the
Planning Board, following a 7-0-0 vote on each request, recommends denial of
both off-street parking waiver requests and the development plan.
He added that staff has no problems
with the waiver request for location of parking, but recommends only 110% of
parking. As for the development plan,
Mr. Zawadski explained that it meets the minimum requirements of the UDO.
Councilman Sack asked what the
impervious surface impact would be for this site.
Mrs. Sudano said a water detention
pond would be required, so there would be no impact beyond the site.
Councilman Sack noted that the plan
remains unchanged, despite staff and TRC recommendations that the plan be
modified.
At this time, Mayor Sears yielded
the floor to representatives of the development and engineering team for the
project.
A spokesman of Reddlands Inc.
addressed the question of the unchanged plan.
She said town ordinances have changed since the CVS plan was originally
submitted last year. The plan, she
added, also represents a CVS standard prototype site design.
She pointed out that the parking
schematic and request for increased parking allowance is designed for future
population growth of the Town, which is projected.
Phil Stephens, developer – Mr.
Stephens is the developer of
A member of the engineering team
presented revised elevations provided by the project’s architect in response to
Planning Board comments.
Councilman Dickson said, having
visited the site, he agreed with the applicant’s orientation of the building on
the site. In addition, the outparcel is
rather isolated, and he does not feel it would really be too much at odds with
Councilman Womble said he
agreed. He added that other sites in
Councilman VanFossen said he, too,
agreed, although he would like to see more work done to improve the elevations
of the building. As for parking, he said
it is tough to balance more than adequate parking with impervious surface.
Councilman VanFossen noted that
staff had not had a chance to review the newly-presented elevations.
Action #1: The Council approved a motion to accept
the findings of fact to be recorded in the minutes for a Waiver of Regulations
of UDO Section 7.04 E.,3 for Petition #07-DP-18 for
Waiver of Off-Street Parking
Regulations Findings of Fact:
1.
A parking demand study completed by a third party that
provides evidence regarding:
a.
Peak usage estimates based on reliable data collected
from comparable uses located within the same or similar market areas as the
Town of Holly Springs. Comparable uses
will be determined based on density, scale, bulk, area, type of activity, and
location; and,
b.
Number of employees on the largest shift; and,
c.
Minimum number of spaces needed to meet the parking
demand for the specific use; and,
2.
The granting of a waiver will not cause negative impacts
on the environment or adjacent properties without the necessity of including
mitigating elements such as additional
screening, pervious pavement, shared parking, rain gardens, or that such
elements are provided under the plan to the extent necessary to lessen the
effects of any negative impacts; and,
3.
The proposed development is consistent with the intent
of the Comprehensive Plan;
and,
4.
The proposed development is consistent with the intent
and purpose of this UDO.
Motion By:
Dickson
Second By: VanFossen
Vote:
Unanimous.
Action #2: Having made findings of fact that
the project meets the requirements to be granted a Waiver of Off-Street Parking
Regulations of UDO Section 7.04 E.,3., the Council approved a motion to approve
the Waiver for #07-DP-17, to allow all of the parking to be placed between the
front building line and front property line in for 128 Raleigh Street, as
submitted by
Motion By:
Sack
Second By: Womble
Vote:
Unanimous.
Action #3: The Council
approved a motion to accept the findings of fact to be recorded in the minutes
for a Waiver of Regulations of UDO Section 7.04 E.,3 for Petition #07-DP-18 for
Waiver of Off-Street Parking
Regulations Findings of Fact:
1.
A parking demand study completed by a third party that
provides evidence regarding:
a.
Peak usage estimates based on reliable data collected
from comparable uses located within the same or similar market areas as the
Town of Holly Springs. Comparable uses
will be determined based on density, scale, bulk, area, type of activity, and
location; and,
b.
Number of employees on the largest shift; and,
c.
Minimum number of spaces needed to meet the parking
demand for the specific use; and,
2.
The granting of a waiver will not cause negative impacts
on the environment or adjacent properties without the necessity of including
mitigating elements such as additional
screening, pervious pavement, shared parking, rain gardens, or that such
elements are provided under the plan to the extent necessary to lessen the
effects of any negative impacts; and,
3.
The proposed development is consistent with the intent
of the Comprehensive Plan;
and,
4.
The proposed development is consistent with the intent
and purpose of this UDO.
Motion By:
Womble
Second By: DeBenedetto
Vote:
Unanimous.
Action #4: Having
made findings of fact that the project meets the requirements to be granted a
Waiver of Off-Street Parking Regulations of UDO Section 7.04 E.,3., the Council
approved a motion to approve the Waiver for #07-DP-17, to provide more than
110% of the minimum number of spaces required by the UDO, as submitted by
Reddlands, Inc., project number: 291627, dated revised
Motion By:
Dickson
Second By: VanFossen
Vote:
Unanimous.
Action #5: The Council approved
a motion to approve Development #07-DP-18 for
1.
All
conditions of approval for the Southpark Village Master Plan will apply to this
plan.
2.
A
sign permit is required to be submitted for all signage.
3.
A
fee-in-lieu of pump station upgrade will be required.
4.
Within
10 days of Town Council approval, a revised set of plans that includes the
following shall be submitted:
a.
Building
elevations shall be revised to include the following:
i.
Revise
service area layout to match the site plan.
ii.
Revise
service area screening material to match the site plan detail and Southpark
Village Design Guidelines.
iii.
Add
awnings above all doors as required by the Southpark Village Design Guidelines.
b.
Revise
the site plan and landscape plan to include the design features required by UDO
§ 3.05, B., in order to reduce the front setback from 50’ to 30’.
c.
Revise
lighting plan to comply with the Southpark Village Design Guidelines.
d.
Revise
site plans to comply with the UDO if either parking waiver is denied.
e.
All
drainage easements shall be labeled as private drainage easements.
f.
Note
on the plans that the backflow preventor (RPZ) is located inside the riser
room.
g.
Revised
elevations shall be presented to staff and the town manager for approval.
Motion By:
Sack
Second By: VanFossen
Vote:
Unanimous.
8d.
He
said this project is located within a Gateway Corridor and is therefore subject
to a higher degree of architectural requirements. Since this project also is 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 the proposed buildings meet the requirements of the approved Southpark
Village Design Guidelines and are proposed to be constructed with a combination
of brick, EIFS, and cast-stone. Various
architectural elements such as roofline variation, façade modulation,
decorative cornices, metal and cloth awnings, and a faux upper story are
proposed throughout this phase of development.
Mr.
Zawadski reported that the Planning Board had reviewed the development plan and
recommends approval with conditions. He
added that staff also recommends approval with conditions.
Action: The Council approved a motion to
approve Development Plan #07-DP-26 for Southpark Village Ph. 1B as submitted by
McKim & Creed, project number 3438-0001, revision date stamped
Motion By:
VanFossen
Second By: Womble
Vote:
Unanimous.
8e. Waste Industries Contract Extension
– Mr. Dean said following the Council’s discussions during the Jan. 15 meeting,
he discussed the Town’s pricing options with Brent Kerchoff of Waste Industries
to determine what the town’s new costs for the remainder of the year would be.
Mr.
Dean said that the Town’s options are as follows:
A. Amend the town’s existing contract for the
remainder of the year for a cost reduction of 59 cents per month, or from $9.88
to $9.29. Waste Industries would
transport waste collected to South Wake Landfill.
B. Approve a motion to extend the existing
contract that expires
C. Direct Waste Industries to transport our
solid waste specifically to
transfer station.
He
said he would recommend that the Council take advantage of Option A at this
time and continue weighing other options for future years. Whichever option is chosen by the Council
would hold new pricing, which would take effect with the March billing, and any
cost savings/increases would be passed directly on to citizens, he added.
Action: The Council approved a motion to amend
the town’s existing contract for the remainder of the year for a cost reduction
of 59 cents per month, or from $9.88 to $9.29 per month, through the end of the
contract term, which expires
Motion By:
Sack
Second By: Womble
In
discussion, Councilman DeBenedetto mentioned that he hoped the Council would
continue to discuss the South Wake Landfill partnership and to schedule a joint
Apex/Holly Springs council meeting to explore seeking host / impact fees from
the South Wake Landfill.
Councilman
VanFossen said for the record, he does not trust
Councilman
Dickson said he thinks Apex is fully aware of the impact the facility will have
but has offered no interest in host fees for themselves or support for
At
this point, Councilman Sack called a point of order for the Mayor to call the
vote on the motion on the floor. Mayor
Sears did so.
Vote:
Unanimous.
8f. Irrigation System Access Fees
– Councilman DeBenedetto said he wanted to broach the idea of eliminating the
account maintenance fee that the town charges to customers if the town has
banned the use of irrigation systems.
He said it does not seem fair to
charge the fee when Town regulations prohibit the use of irrigation systems.
Councilman VanFossen said the fee
defrays costs of operating the water system.
Mr. Holland pointed out that the
access fees pays for fixed costs, and water purchase revenues pay for
operational costs.
In summary, Mr. Holland said,
elimination of the access fee would reduce the Town’s ability to pay debt by
$108,000. That same amount would have to
be recaptured from some other type of revenue stream. He added that the town
depends on water sales to pay operational costs, and the town is not selling
much water because of the irrigation ban.
Mr. Holland noted that the town runs
the risk of having a deficit in the Utility Fund this year.
Councilman Sack suggested relegating
further discussion to the Council’s upcoming retreat.
9.
Other Business: Councilman Womble asked that the
town adopt a proclamation in recognition of February as Black History Month and
in honor of the historical contributions of the black community in
He also asked for assistance of the
public works department for street repairs.
Councilman Womble launched a
discussion of ways and programs that are available to assist those who are
elderly and on fixed incomes.
10.
Manager’s Report: Mr. Dean reported to the Council
on upcoming dates of interest.
11.
Closed Session: The Council approved a motion to
enter Closed Session, pursuant to G.S. 143-318.11(a)(3) to discuss a matter of land
acquisition.
Motion
By: Dickson
Second
By: Sack
Vote:
Unanimous
General Account of Closed Session –
In Closed Session, the
--
End General Account
Councilman Dickson made a motion that the Council return to
Open Session, and it was seconded by Councilman Sack. The vote was unanimous.
12.
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.