Regular Meeting
March 4, 2008
The
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
4.
Agenda Adjustment: The
Motion
By: Sack
Second
By: DeBenedetto
Vote: Unanimous
Items
Added to the Agenda: Three items were
added to the Consent Agenda: 8j. enter into covenants for HSBP; 8k. enter into contract
for
. 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:
Pat Colern,
6a. Design of
Tommy said when the youngsters
suggested that the Town have its own official flag, members decided to design
one. Several designs were submitted, and
the group voted on what the group deemed the best design that incorporated the
town’s seal or logo, which are registered service marks with the Secretary of
State.
Becky
thanked the Council for a chance to address an issue that is important to her,
and she unveiled the winning flag design:
the flag features a wide green stripe across the top horizontally; a
white field in the center; and another wide green stripe across the bottom
horizontally. The colored town seal is
affixed to the top left corner of the flag field, partially on top of the wide
green bar and partially on the white center field. The colored town logo is centered
horizontally and vertically upon the white center field.
Councilman Dickson commended the
students for noticing a need and doing something about it rather than just
complaining about the town’s not having a flag.
Councilman Sack complimented the
sharp design.
Action: The Council approved a motion to adopt a design for the
official Town of
Motion By: Mayor
Sears
Second By: Tim Sack
Vote: Unanimous.
7a.
Public Hearing: Special Exception
Use Petition 07-SEU-11, Holly Springs Middle School, – Mr. Zawadski said the Town has received a request for a
Special Exception Use to locate a middle school near the intersection of Avent Ferry Road and Cass Holt Road in a residential zoning
district. The proposed project is 14.88
acres and is located on the same property as
He said the request includes a
196,593-square-foot, three-story middle school that would be located between
the existing elementary school and high school.
The plan also includes a new softball field located near the existing
softball field and a track and field adjacent to Autumn Park Subdivision. The majority of the required parking spaces
were approved and constructed with the elementary school, but an additional 42
spaces would be constructed with the middle school. The new building would face
Mr. Zawadski said the building is proposed to be constructed
with a combination of brick and architectural metal panels. The color palette includes a combination of
light and dark shades of brown. He said
various architectural elements such a multiple building materials, façade
modulation, roofline variation, multiple brick patterns, and translucent wall
panels are proposed. Also, Wake County
Public School System is hoping to receive certification by The Leadership in Energy and Environmental Design (LEED) Green Building Rating System for
the design of the middle school building.
Mr. Zawadski said a waiver has
been requested to allow the building facades to be less than 60% masonry as
required by the UDO. The proposed
building includes a total average of 48% masonry on all four building facades.
A variance also has been requested to exceed the maximum
building height in the R-30: Residential District by 25 feet. The maximum building height in the R-30:
Residential District is 35 feet, and the proposed building height for the
middle school is 59 feet, 4 inches.
Mr. Zawadski said a request also has been submitted to
exceed the maximum lighting levels permitted by the UDO to light the football
and baseball fields to a safe level. The
UDO permits a maximum of 15 foot-candles, but allows athletic fields to exceed
the maximum lighting level, subject to the approval of the Town Council, when
needed to accommodate tournament-level play.
This project was tabled at the
With that explanation completed, Mayor Sears said the public
hearing was continued and is open to accept sworn testimony. The following testimony was recorded under
oath administered by the Town Clerk:
Robert Pace, WCPSS Risk Management Department – Mr. Pace addressed questions
about the emergency evacuation plan for the school. He told the Council that in the case of an
emergency stemming from the Shearon Harris Nuclear
Plant that requires evacuation of the schools, there would be a school
designated to receive evacuated students in
He added that the plan calls for the high school to be
dismissed first. Once that traffic is
cleared, the middle and elementary schools would be evacuated with buses.
He said the school system tests with schools in this
evacuation zone with training by Wake County Emergency Management.
He added that Progress Energy has advised the school system
that emergencies at the nuclear plant would be slow-developing, and
communications would be coordinated to include the schools and giving them time
to respond appropriately.
He provided school population figures, the number of buses
and from where those buses would be dispatched.
Councilman DeBenedetto asked about other types of
emergencies.
Mr. Pace said there are different plans in place to address
different scenarios. He said the only
scenario he could imagine that would require the complete evacuation of all
three schools would be a nuclear plant event or a transportation-type of event
with a chemical or hazardous material.
Councilman Sack asked how the evacuation buses would be
dispatched to
Mr. Pace said not all roadways would be one-way, although some
would be. The school system would
coordinate with
Councilman VanFossen asked if there was anything the school
system could do to urge North Carolina Department of Transportation to
prioritize the widening of
There being no further testimony, the public hearing was
closed.
Action #1: The
Council approved a motion to make and accept the findings of fact to be recorded in the minutes for
Special Exception Use Petition #07-SEU-11 for
A special exception use may only be
granted upon the presentation of sufficient evidence to enable a written
determination that:
a. The proposed use will not be injurious to the public health, safety, comfort,
community moral standards, convenience or general welfare;
b. The proposed use will not injure or adversely affect the adjacent area;
c. The proposed use will be consistent with the character of the district, land uses authorized therein, and the Town
of
d. The proposed use shall conform to
all development standards of
the applicable district (unless
a waiver of such development standards is requested as
part of the special exception use petition
and approved as set forth above, in which case the proposed use shall conform
to the terms and conditions of such waiver).
e. Access
drives or driveways are or will be sufficient
in size and properly located to: ensure automotive and pedestrian safety and
convenience, traffic flow as set forth in Section 7.09 – Pedestrian Circulation
and Vehicular Area Design; and, control and access in case of fire or other
emergency;
f.
Off-street parking areas, off-street loading areas, trash enclosures, trash pick-up and removal,
and other service areas are located so as to be safe, convenient, allow for
access in case of emergency, and to minimize economic, glare, odor, and other
impacts on adjoining properties and properties in the general neighborhood;
g. The lot, building or
structure proposed for the use has adequate restroom facilities,
cooking facilities, safety equipment (smoke alarms, floatation devices, etc.),
or any other service or equipment necessary to provide for the needs of those
persons whom may work at, visit or own property nearby to the proposed use;
h. Utilities, schools, fire, police and
other necessary public and private facilities and services will be adequate to
handle the needs of the proposed use;
i.
The
location and arrangement of the use on
the site, screening, buffering, landscaping, and pedestrian ways harmonize with
adjoining properties and the general area and minimize adverse impacts; and,
j.
The
type, size, and intensity of the proposed use (including but not limited to such considerations as the
hours of operation and numbers of people who are likely to utilize or be
attracted to the use) will not
have significant adverse impacts on adjoining properties or the neighborhood.
Motion By: VanFossen
Second By: Womble
Vote: Unanimous.
Action #2: The
Council approved a motion to make and accept the findings of fact to be recorded in the minutes for
a waiver of regulations of UDO Section 3.08 Architectural and Site Design
Requirements for Commercial/Mixed-Use Districts for Special Exception Use
Petition #07-SEU-11 for Holly Springs Middle School, be granted to allow the
building facades to be constructed with less than 60% masonry, as submitted by
Skinner Lamm and Highsmith
architects and McNeely Associates PA, entitled Holly Springs Middle School,
dated revised
1. The proposed
development represents the use of (building
materials, colors, textures, building
architecture, roof features, façade modulation, building orientation, signs,
landscaping, lighting or open space) which will result in a development
pattern which is equivalent to or superior to that achievable under the
applicable regulations;
2. The proposed
development will be compatible with and will enhance the use or value of area properties;
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: VanFossen
Second By: Womble
Vote: Unanimous.
Action #3: Having made findings of fact that the petition meets the requirements
to be granted a waiver of regulations of UDO Section 3.08 Architectural and
Site Design Requirements for Commercial/Mixed-Use Districts for Special
Exception Use Petition #07-SEU-11 for
Motion By: VanFossen
Second By: Dickson
Vote: Unanimous.
Action #4: The
Council approved a motion to make and accept the findings of fact to be recorded in the minutes for a
variance of development standards of UDO Section 2.01, B., 7., a., Maximum
Building Height to allow for a 59-foot, 4-inch maximum building height in
association with Special Exception Use Petition #07-SEU-11 for
- There
are practical difficulties or unnecessary hardships that would result from
carrying out the strict letter of the UDO. The Board may reach this
conclusion if it finds each of the following:
- Based
on the size, shape, topography, location, or surroundings, the applicant
is prohibited from enjoying the same privileges as other properties in
the vicinity and zoning classification in which the property is situated
when the UDO is strictly applied
- The
hardship of which the applicant complains results from unique circumstances related to the applicant's
property
- The
hardship results from the application of the UDO to the property;
- The
hardship is not the result of the applicant's own actions; and,
- The
variance if granted must be the absolute minimum needed in order to
correct the hardship. The variance
is in harmony with the general purpose and intent of the UDO and
preserves its spirit.
- Granting
the variance assures the public safety and welfare and does substantial
justice.
Motion By: VanFossen
Second By: Womble
Vote: Unanimous.
Action #5: Having made findings of fact that the project meets the
requirements to be granted a variance of development standards, the Council
approved a motion to approve a variance requested by Skinner Lamm and Highsmith Architects and
McNeely Associates PA to allow for a maximum building height of 59 feet, four
inches for
Motion By: VanFossen
Second By: Dickson
Vote: Unanimous.
Action #6: The Council approved a motion to allow an average maintained value of
50 foot-candles to be provided for the
- A
lighting plan must be submitted to and approved by the Department of
Planning and Zoning prior to installation.
Motion By: VanFossen
Second By: Womble
Vote: Unanimous.
Action #7: Having made 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-11 for
1. A fee-in-lieu of pump station
upgrade will be required for this project for the Autumn Park Pump Station.
2. A Traffic Impact Analysis was
required for this project. The following
requirements are conditions of approval for that report and should be met by
the specified time. From the review of this project:
a. A meeting to discuss the overall
pedestrian traffic for the School Campus, in particular the access to the
Autumn Park Subdivision, pedestrian traffic during construction of the middle
school, and post construction. This meeting must be held within 30 days of Town
Council approval of this project.
b. Prior to construction drawing
approval, an additional meeting must be scheduled to discuss the detailed
traffic operation on a daily basis for the 3 school campus. This meeting shall include all the three
principles representing the three different schools as well as any other Wake
County Public School System (WCPSS) staff that has involvement with traffic
operations on WCPSS sites.
3. With 1st construction
drawing submittal the following items must be addressed:
a. Drainage easements on all pipes,
channels and drainageways.
b. Show 20’ maintenance/drainage
easement surrounding the pond and dam.
4.
Prior
to issuance of Building Permit, the following must be completed:
a.
Revise
lighting plan along the eastern property line to comply with the Town of
b.
Revise
landscape plan to show a C-150 perimeter landscape yard along the eastern
property line for the portion adjacent to the school building and track and
field.
Motion By: VanFossen
Second By: Womble
Vote: Unanimous.
A copy of Special
Exception Use application 07-SEU-11 entered into the record by the applicant
and addressing the findings of facts is incorporated into these minutes as
addendum pages.
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. Embarq,
07-SEU-04 Expiration Date Extension – The Council extended
the expiration date of Special Exception
Use 06-SEU-04 for Embarq.
8c. Resolution 08-07
– The Council adopted Resolution 08-07 approving and
enacting Development Procedures Manual Amendment
08-DPM-01:
Section 2, Comprehensive Plan Amendment Update. A copy
of Resolution 08-07 is incorporated into these minutes as addendum pages.
8d. Budget Amendment
– The Council adopted an
amendment to the FY 2007-08 budget in the amount of $7,000 to provide needed
additional funds for the town calendar project.
A copy of the budget amendment is incorporated
into these minutes as an addendum page.
8e. Budget Amendment
– The Council adopted an amendment to
the FY 2007-08 budget in the amount of $8,100 to cover drug enforcement costs. A copy
of the budget amendment is incorporated into these minutes as an addendum page.
8f. Budget Amendment – The Council adopted an amendment to the FY
2007-08 budget in the amount of $61,000 to provide needed
additional funds for chemicals and overtime salaries at the wastewater
treatment plant.
A copy of the budget amendment is
incorporated into these minutes as an addendum page.
8g. Consultant Selection Policy Statement
P-017.1 Amendment – The Council adopted an amendment
to the Town of
8h.
8i. Water Loss Audit Contract and Budget
Amendment – The Council entered into a contract with Cavanaugh in the amount
of $20,000 for a water loss audit and adopted a budget amendment to cover the
cost of the work. A copy of Cavanaugh contract and associated budget
amendment are incorporated into these minutes as an addendum pages.
8j.
8k.
8l. Budget amendment, rain barrels – The Council
adopted an amendment to the FY 2007-08 budget in the amount of $15,075 for the
rain barrel program. A copy of the budget amendment is
incorporated into these minutes as an addendum page.
9a. Taco Bell/Kentucky Fried Chicken,
07-DP-25 – Ms. Huffman said the applicant is proposing
a Kentucky Fried Chicken/Taco Bell combination restaurant to serve the
residents of
She
said the applicant is asking for a waiver of architectural standards for the
primary structure and the trash enclosure.
The intent of the waiver is for the architecture being proposed to be of
a higher quality than the Unified Development Ordinance requires. The applicant
is proposing 20.51% on the north elevation; 17.48% on the south elevation, and
30.80% on the east elevation, instead of meeting the 60% masonry on three
façades of the elevations stated in the UDO.
Ms.
Huffman said the west elevation of the structure is not required to provide
masonry material; however, the applicant is providing 19.05% on the west
elevation (front of the building, or the side that faces the interior access
drive.)
Michael Palmer, owner – Mr. Palmer addressed the Council
regarding the architectural features of the building and why he is requesting a
waiver of regulations to allow less than 60% masonry. He showed examples of other existing businesses
in the Shoppes at
He
said he feels his use of stone on a “human scale” was more appealing.
Action #1: The
Council approved a motion to make and accept the findings of fact to be
recorded in the minutes for a waiver of regulations of UDO Section 3.08
Architectural and Site Design Requirements for Commercial/Mixed-Use Districts
for Petition # 07-DP-25 for KFC/Taco Bell to allow the building facades to be
constructed with less than 60% masonry as submitted by Mark Magrath,
Project Number: 0007-0002 Taco Bell/KFC, date revised
1. The
proposed development represents the use of (building
materials, colors, textures, building
architecture, roof features, façade modulation, building orientation, signs,
landscaping, lighting or open space) which will result in a
development pattern which is equivalent to or superior to that achievable under
the applicable regulations;
2. The proposed development will be
compatible with and will enhance the use
or value of area properties;
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:
Sack
Second By: DeBenedetto
Vote:
Unanimous.
Action: The Council approved a motion to approve a waiver
of regulations of UDO Section 3.08 Architectural and Site Design Waiver for
Petition # 07-DP-25 for KFC/Taco Bell to allow for less than 60% masonry
material on three building façade elevations (north, south and east) as
submitted by Mark Magrath, Project Number: 0007-0002
Taco Bell/KFC, date revised
Motion By: Sack
Second By: VanFossen
Vote:
Unanimous
Action #2:
The Council approved a motion to approve Development Plan #07-DP-25 for
KFC/Taco Bell as submitted by Venture Engineering, Project Number 0007-0002
Taco Bell/KFC, date revised
1.
All previously conditions of approval for the Shoppes at
2. Fee-in-lieu of pump station
upgrade will be required.
3.
Irrigation meter will need to be located inside a public easement with
dimensions shown. This will need to be provided with 1st
construction drawing submittal.
4.
Prior to issuance of building permit a lighting plan will need to be submitted
to and approved by the Department of Planning & Zoning.
Motion By:
Sack
Second By: Dickson
Vote:
Unanimous
9b. Eagles #6, 08-DP-01 –
Mr. Zawadski said the proposed
development plan is for the construction of a gasoline station and convenience
store on a 1.42-acre out-lot located within the Shoppes at
He
said a total of seven gas pumps are proposed to be located under two canopies
along the western and southern side of the building. A total of 18 parking spaces, including one
handicapped space, are proposed throughout the site. A decorative pedestrian crossing is provided
to connect the site with the pedestrian circulation plan for the rest of the
shopping center.
Mr.
Zawadski
said the project is located within a Gateway Corridor and is therefore subject
to a higher degree of architectural standards.
This project also is located within the Shoppes at
He
said a waiver has been requested to allow the building facades to be less than 60%
masonry as required by the UDO. The
proposed building includes an average of 52% masonry on all four building
facades.
Mr.
Zawadski
explained that the architectural elements such as multiple building materials,
columns, metal awnings, decorative light fixtures, and façade and roofline
variations are incorporated into the building design.
He said the pump island canopies are
proposed to be constructed with the same brick as the building and a black
standing seam metal roof. The applicant also
has submitted a request to include a single red LED light band around the
perimeter of the canopies. The UDO
allows only luminous tube lighting if it is requested and approved as an
integral architectural element of a development plan.
Bob Brantley, general contractor
– Mr. Brantley said he was available to answer questions.
Councilman Sack asked if the car
wash would use recycled water.
Mr. Brantley said yes.
Ray Watson, civil engineer –
Mr. Watson said he was available to answer questions.
Action #1: The Council approved a motion to make
and accept the findings of fact to be recorded in the minutes for a waiver of
regulations of UDO Section 3.08 Architectural and Site Design Requirements for
Commercial/Mixed-Use Districts for Petition #08-DP-01 for Eagles #6 to allow
the building facades to be constructed with less than 60% masonry as submitted
by Watson Land Design Services, dated Revised
1. The
proposed development represents the use of (building
materials, colors, textures, building
architecture, roof features, façade modulation, building orientation, signs,
landscaping, lighting or open space) which will result in a
development pattern which is equivalent to or superior to that achievable under
the applicable regulations;
2. The proposed development will be
compatible with and will enhance the use
or value of area properties;
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:
DeBenedetto
Second By: VanFossen
Vote:
Unanimous.
Action #2: The Council approved a
motion to approve Waiver of Regulations of UDO Section 3.08 Architectural and
Site Design Requirements for Commercial/Mixed-Use Districts for Petition #08-DP-01
for Eagles #6 to allow the building facades to be constructed with less than
60% masonry as submitted by Watson Land Design Services, dated revised
Motion By:
DeBenedetto
Second By: Womble
Vote:
Unanimous.
Action #3: The Council approved a
motion to approve the use of luminous tube lighting for Development Petition
#08-DP-01 for Eagles #6 as an integral architectural element as submitted by
Watson Land Design Services, dated revised
Motion By:
DeBenedetto
Second By: Womble
In
discussion, Councilman Dickson expressed a conern
that the Town would be setting a precedent by allowing the luminous tube
lighting.
Councilman
Sack said he felt the tube lighting was part of the company’s branding.
Councilman
VanFossen said it was an appropriate use because it would be contained in the canopy.
Councilman
Dickson said he feels it would serve to separate the business from the
integrated center.
Vote:
The motion carried following 4-1 vote.
Councilmen DeBenedetto, Womble, VanFossen and
Sack voted for the motion. Councilman Dickson
voted against..
Action #4: The Council approved a
motion to approve Development Plan Petition #08-DP-01 for Eagles #6 as
submitted by Watson Land Design Services, dated revised
- All previously conditions of approval for the Shoppes at
- A fee-in-lieu of pump station upgrade will be required for this
project.
- With 1st construction drawing submittal the following
items must be addressed:
- Cross access easement for the stub to the adjacent out parcel will
be required.
- Prior to issuance of Building
Permit, the following must be completed:
- Revise perimeter landscaping
quadrant PY-3 to provide a minimum of 20 PUV.
- Revise location of ‘knock-out
roses’ to match Shoppes of Holly Springs Outlot
#3.
- Revise plans to show a total
of two handicapped parking spaces in front of the building.
- Prior to issuance of Building
Permit for the second car wash bay, a Development Plan amendment must be
submitted and approved.
Motion By:
DeBenedetto
Second By: Womble
Vote:
Unanimous.
10.
Other Business:
Mrs. Sudano said it sounds like it
is either an erosion control problem or a road maintenance issue. Either engineering or public works will look
into it.
He asked about sidewalks on
Mrs. Sudano said the project is in
the right of way acquisition stage. Mrs.
Sudano explained that the one way design of
Councilman Dickson reported that he
had suggested to Wake Board of Education Chairman Rosa Gill that a topic of
discussion during an upcoming meeting with the school board should be the
election process of the Board of Education (urging at-large representation.) He said Ms. Gill said she did not think that
would be appropriate. Still, Councilman
Dickson said, he is hopeful the meeting will be productive.
11.
Manager’s Report: None
12.
Closed Session: The Council approved a motion to
enter into Closed Session, pursuant to G.S. 143-318.11(a)(3)
to discuss potential litigation regarding the construction of Green Oaks
Parkway and to recuse Councilman VanFossen and Mayor Sears
from this portion of the meeting since both have contractual relationships with
the developer who contracted the work.
Motion
By: Sack
Second
By: DeBenedetto
Vote: Unanimous
General Account of Closed Session –
In Closed Session, the Town Council
heard a report from the Town Attorney on construction deficits on Green Oaks
Parkway and provided direction to the Town Attorney as to how to proceed. No action was taken, and the Council returned
to Open Session.
--
End General Account
13.
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.