Regular Meeting
Dec. 2, 2008
MINUTES
The
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: Sack
Second By:
VanFossen
Vote: Unanimous
Items
Added to the Agenda: None.
Items Removed from the Agenda: None.
Consent Agenda Items Moved to New Business: Item 7d., cultural center ABC permit.
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:
Stephen Latchaw,
John
Bayus, 400 St. John Ct. – Mr. Bayus addressed the Council to speak on a
notice that he received in the mail at home regarding two buildings that are proposed
for property behind his house. He
expressed concerns about the project.
Vincent
Cervone,
Terry
Leonard,
Larry
O’Neal,
6a. Gateway Sign Research Report – Ms. Gina Clapp said on Sept. 16, the Town Council
discussed the idea of allowing civic organization signs at town entrances. At this meeting, it was suggested that the
civic organization signs be incorporated into the gateway entrance feature that
has been designed for
She said then,
at the Oct. 21 meeting, several representatives of local civic organizations
approached the Town Council to request that the Town develop a gateway sign to
which they could affix their seals. It
was after this meeting that staff was directed to look into creating two signs
for either end of
Ms.
Clapp said in keeping with the goals of the Town to ensure a village-like
character, staff has been researching attractive signs that have been created
for this purpose.
Searching
the internet, staff found different signs in
Ms.
Clapp explained upon conducting research and calling the communities for
information about these entrance signs, it was found that all three of these
signs were built by their community’s Rotary Clubs, not the Towns. Sharing some preliminary designs with local
sign designers, it is estimated that the cost for these signs would be between
$30,000 and $70,000 or greater, depending on the size, materials, and quality
of the sign.
She
said staff is seeking some preliminary feedback from the Town Council on its
interest to continue with the signs, feedback on the style of sign that is
desired, and budget considerations. She
also recommended that if the Town is to continue with this project, that a
policy be written to regulate which organizations can be placed on the entrance
feature sign, logo criteria and cost for adding a logo.
Councilman
Sack said he commends the towns that were able to do this project through civic
organizations and donations. He said he
feels the idea in
Councilman
VanFossen suggested the 1997 design of small columns. He suggested a grouping of these small
columns would not cost as much as a monument sign.
Action: Councilman VanFossen said he would draw up a prototype
design, and Ms. Clapp said she would check into the cost.
6b.
Action: None.
6c. Employee / Elected Official
Opinion Survey – Mr. David Smitherman of Bear Strategies,
Inc. provided the general results of both the employee and Town Council surveys. He said Council members would receive their
individual results and results of the council as a collective body at the close
of the meeting.
Mr.
Smitherman said 60% of town employees participated in the survey. In conclusion, he said there was a high
survey response rate; employee satisfaction generally is high; and employees have
specific opinions about all levels of management and policy-setting.
Action: None.
7. Consent
Agenda:
The Council approved all remaining items on the Consent Agenda following
a motion by Councilman Dickson, a second by
7a. Minutes - The Council approved minutes of the Council’s regular meetings held in
October 2008.
7b.
7c.
7d.
7e.
7f. Financial Audit Contract Amendment – The
Council approved an amendment to the financial audit contract, extending the time
period until
7g. Budget Amendment, $100 – The Council
adopted an amendment to the FY 2008-09 budget in the amount of $100 to receive a
7h. Budget Amendment, $80,200 – The Council
adopted an amendment to the FY 2008-09 budget in the amount of $80,200 to purchase
right of way for the
7i. Budget Amendment, $5,405 – The Council
adopted budget amendments to the FY 2008-09 budget in the amount of $5,405 to receive
insurance proceeds. A copy of the budget amendment is incorporated
into these minutes as addendum pages.
7j.
7k.
7l. Resolution 08-51 – The Council adopted
Resolution 08-51 directing the town clerk to investigate the sufficiency of
annexation petition A08-09 and setting a public hearing on the question of
annexation for
7m.
7d.
Action:
The Council authorized staff to apply to the NCABC for an on-premise
beer and unfortified wine permit for the
Motion By: Sack
Second By: Dickson
Vote: Unanimous
Action: At this time, the Council approved a motion
to recuse Councilman Chet VanFossen from the meeting due to his professional
affiliation with the applicant of development plan 08-DP-10 as he is architect
of the building.
Motion By: Dickson
Second By: Sack
Vote:
Unanimous
8a. Holly Springs Corporate Center,
08-DP-10 – Mr. Zawadski said the Town has
received a request for a development plan to construct an integrated center on
approximately three acres of property located at 153
He said the proposed development
plan is for the construction of two 19,200 square foot two-story office
buildings. The site would be accessed
from a shared-access driveway off of
Mr. Zawadski said that the landscape
plan would be opaque buffer with more evergreen trees than deciduous ones.
Mr. Zawadski explained this project
is subject to the new UDO commercial architecture requirements. The buildings are proposed to be constructed
primarily with white brick and light beige stone and a light green standing
seam metal roof. The proposed
architecture also includes a variety of building massing and façade treatments
as required by the UDO. Specific
architectural features include: base, body and cap; variation in massing; animating
features; human scale design elements; colors; textures; roof treatment and façade
modulation.
Mr. Zawadski reported that the
Planning Board had reviewed the plan and had some concerns about the design of
the building but approved a motion to recommend approval of the plan with
conditions.
Councilman Dickson asked, since
residents had mentioned that many children live nearby, how deep the detention
pond at the rear of the property would be.
Randy Smith, project engineer
– Mr. Smith addressed the Council and said the ponds would be gently sloping
and would end in a four-to-five-foot deep pond.
Councilman DeBenedetto asked if the
building design had any environmentally-friendly features.
Architect Chet VanFossen responded
to the question, giving details such as how the building would be lighted,
keeping the angle of the sun in mind.
Councilman Dickson pointed out that
the Dumpster location was on the side of the site closest to the neighboring
residential properties. He suggested
that the Dumpster location be relocated on the site plan, and Mr. Smith and Mr.
VanFossen agreed.
Action: The
Council approved a motion to approve Development Plan #08-DP-10 for
1.
The
following items are required to be completed prior to 1st
construction drawing submittal
a.
Offsite
right-of-way must be dedicated for this project(
b.
Offsite
easements for the shared access must be acquired and recorded.
c.
A
flood study will be required to meet the Town’s policy for Hydrologic Basin
Models (Town Policy - P-018). The
approved Winward Pointe flood study will need to be updated to reflect this
project and will need to demonstrate that development of the site will not
raise established flood levels.
Retention or detention may be required to accomplish this.
2.
Prior
to issuance of Building Permit, the following must be completed:
a.
The
detailed open space area design shall be reviewed and approved by the
Department of Planning and Zoning.
b.
Replace
long-leaf pine trees with an evergreen species that will not lose lower
branches to provide an adequate amount of screening in accordance with UDO
requirements.
c.
Correct
the planting height of landscape material shown in the plant list to match the
material height used in the PUV calculations
3.
Fee
in lieu of pump station upgrades
4.
Approval
of Stormwater Management Plan is required prior to issuance of a land
disturbance permit or construction drawing approval.
5.
This
project will be required to meet the Town of
6.
Payment
of the Stormwater Fee-in-Lieu will be required prior to construction drawing
approval.
7.
A
sign permit is required to be obtained prior to any signage installation.
8.
A
lighting plan must be approved by the Department of Planning and Zoning prior to
installation.
9.
The
Dumpster location shall be relocated on the site plan to the opposite side,
away from the border with residential properties.
Motion By: Sack
Second By: Womble
Vote:
Unanimous.
Action:
At this time, the Council approved a
motion to readmit Councilman VanFossen into the meeting.
Motion
By: Sack
Second By: Womble
Vote: Unanimous
8b.
He
said the first phase includes approximately 73 acres out of the 166 total acres
that are included within the approved master plan. The project includes access from
The
site plan consists of a total of six commercial lots and 422,643 square feet of
retail space.
He
said lot 1 includes a 128,114 square foot Target building.
Mr.
Zawadski explained that approximately 2,000 parking spaces are proposed to be
concentrated in multiple smaller lots throughout the development to help reduce
the negative visual impact of large parking areas. A pedestrian plan is provided that includes
sidewalks on public and private streets as well as pedestrian walkways that
connect parking areas, building entrances, open space areas, and adjacent
public sidewalks. Approximately .66 acres
of developed open space is provided throughout the Phase 1. The primary open space area is proposed to be
located near Retail Building E and F and will function as a central gathering
area for the development that will include: decorative hardscape, enhanced
landscaping, and other focal features.
The
development plan also includes detailed architectural design guidelines and a
master signage plan in accordance with the conditions of approval of the New
Hill Place Master Plan. The design
guidelines include specific requirements for the design of buildings,
landscaping, and other site and appearance elements in the development. This includes a color and material palette,
façade design elements, lighting, screening, and streetscape elements. The development is proposed to be constructed
with tilt-up concrete panels with options for a brick, EIFS, CMU, veneers. The colors and material options include 6
shades of brick, 1 stone CMU, 14 EIFS colors, and black fabric and metal
awnings (please see attached design guidelines for specific details).
He
said
He
said six requests for alternate means of architectural compliance have been
requested for the project. The requests
for alternate compliance help to create a unique building form using
distinctive combinations of building massing and façade treatments. Although all of the required architectural
elements are not met exactly as the UDO requires, staff feels that the proposed
building architecture meets the intent of the Architectural and Site Design UDO
Requirements.
Representatives
of Kite Realty Group addressed the Council with an animated presentation of the
site plan and proposed building elevations.
At
this time, Mr. Zawadski explained that 21 separate motions were scheduled for
this development plan in order to capture motions making findings of fact,
granting waivers and then approving the development plan.
In
the interest of time, Mayor Sears suggested one sweeping motion be made stating
that the Council had made all the necessary findings of fact to be recorded in
the minutes for each requested waiver or exceptions from regulations.
Action:
The Council approved a motion that all necessary findings of fact were
made and accepted and were to be recorded in the minutes for all 10 waivers
being requested.
Motion By: Sack
Second By:
DeBenedetto
Vote:
Unanimous
The
following findings were made and are thus recorded as directed in the minutes.
Alternate Compliance Findings of Fact:
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.
Pedestrian Circulation and Vehicular Area Design
Requirements Findings of Fact:
1. The proposed
pedestrian circulation and vehicular area design 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.
Signage Regulations Findings of Fact:
1. The
proposed signs are harmonious to the buildings and sites which they occupy;
2. The proposed
signs will not create a hazard to
motorists or pedestrians resulting from the sign location, size or
configuration;
3. The proposed
signs will not increase the total
combined sign surface area allowed
for the front sign zone, interior sign zone and building signs on the lot, out lot,
integrated center, business park, industrial park, subdivision or building served by the proposed signs;
4. The proposed
signs will result in an overall
pattern of signs for the lot, out
lot, integrated center, business park, industrial park, subdivision or building
which is equivalent to or superior to that achievable under the applicable
regulations;
5. The
proposed signs will be compatible
with and will enhance the use or
value of area properties;
6. The
proposed signs are consistent with
the intent of the Comprehensive Plan;
and,
7. The
proposed signs are consistent with
the intent and purpose of this UDO.
Action:
The Council, having made the necessary findings of fact, approved a
motion that all 10 alternate means and waivers requested in connection 08-DP-11
for New Hill Place Phase I be granted.
Motion By:
Sack
Second By:
Womble
Vote:
Unanimous
The
following waivers were granted in association with Development Petition
#08-DP-11 New Hill Place:
1. to allow for alternate means of compliance of
Architectural Regulations of UDO Section 3.08, A, 1. c (2)(a)(iii) Architectural and Site Design Requirements
for the cap requirement.
2. to allow for
alternate means of compliance for the Variation in Massing requirement.
3. to allow for alternate means of compliance
for the Animating Features requirement
4. to allow for alternate means of compliance
for the Color requirement
5. to allow for alternate means of compliance
for the Roof Treatment requirement
6. to allow for alternate means of compliance for
the Façade
Modulation requirement
7. to allow for an Waiver of UDO Section 7.09
B., 2., h Pedestrian Circulation and
Vehicular Area Design Requirements to allow for a waiver to reduce 1 parking lot
pedestrian median located on
8.
to allow for a Waiver of UDO Section 7.03 Sign Regulations to allow for
an increase
in the permitted logo height and square footage from 5’x5’ (25 sf) up
to 12’x12’ (144 sf) for two wall signs (side and front wall zones)
9. to allow for a 5 foot increase in height above
the allowed 15 feet for the two monument signs on
10. to allow a transfer of sign square footage
from the 10 out lot signs (approximately 320 sf) to the total square footage
for signs A-F (perimeter signs)
Action:
The Council approved a motion to approve Development Plan #08-DP-11
for
a.
Provide
detailed information to show the impact areas on an overall plan sheet and show
graphically the permitted impact area on the plans with corresponding impact
ID#’s. Riparian buffer impacts that are greater than the stream or wetland
impacts should also be shown graphically. Graphically show the footprint of the
streams, wetlands and riparian buffers to be protected and platted with this
phase of construction.
b.
A
landscape plan for the thoroughfare medians will be required including any
necessary irrigation and drainage needed to maintain the landscaping.
c.
Final
landscape, open space, and site plan shall be designed in accordance with the
UDO and shall be reviewed and approved by the Department of Planning and
Zoning.
d.
Provide
an easement for the Town gateway feature at the intersection of
a. The Detailed Subdivision Plan (08-
Motion By:
Sack
Second By: Womble, VanFossen, DeBenedetto and Dickson
Vote:
Unanimous.
8c. Sign Ordinance Amendment – Mr. Schifano said, pursuant to direction of the Council
at the last meeting, he has revised Article VI of Chapter 6 of the Town Code,
Signs in the Right of Way. He said this
amendment would allow three directional signs to be placed throughout town by a
business located in the
Mayor
Sears yielded the floor to Denise Wagoner who wanted to address the issue.
Ms.
Wagoner said it was her understanding that the Council wanted to help
businesses located in the business park.
She said she did not feel that three directional signs was adequate, and
she said the fee of $50 per sign was too high.
She said her business would need something more in keeping with
residential development regulations, which allow eight directional signs with a
$25 fee.
Councilman
Sack suggested a $25 fee and four signs.
The
Council reached a consensus that the fee should be $25; that four signs be
allowed; and that the replacement fee be $10.
Action: The
Motion By:
Sears
Second By:
Sack
Vote:
The motion carried, following a 4-1 vote. Councilmen DeBenedetto, VanFossen, Sack and
Dickson voted for the motion. Councilman
Womble voted against.
A copy of Ordinance 08-17 is incorporated
into these minutes as addendum pages.
8d.
Board of Adjustments and Planning Board Appointments – Ms. Clapp said the Town Council is responsible for
the appointment of “in-town” members to the Town of
She
said the Council is asked to make the following appointments/nominations: one in-town member and one ETJ member to the
Board of Adjustment; and three in-town members to the Planning Board.
Action
#1: The Town Council appointed Cynthia Gibbons as an in-town
member of the
Motion By:
Sack
Second By:
Womble
Vote:
Unanimous.
Action #2: The Council approved a motion to appoint Glen
Walker as an in-town alternate member of the Holly Springs Board of Adjustment
to fulfill a term expiring
Motion:
Womble
Second:
Dickson
Vote:
Unanimous
Action
#3: The Town Council approved a motion to nominate Van
Stephen Murray to the Wake County Board of Commissioners for reappointment as an
ETJ member of the
Motion By:
Sack
Second By: Womble
Vote:
Unanimous.
Action #4: The
Motion By:
Sack
Second By: Womble
Vote:
Unanimous
Applicants
Russ Wallace and Thomas Hughes were noted for Mr. Wallace’s active community
involvement and Mr. Hughes’ professional background and qualifications.
Action: The
Motion By:
Sack
Second By: Dickson
Vote:
The motion carried, following a 3-2 vote. Councilmen VanFossen, Sack and Dickson voted
for the motion. Councilmen DeBenedetto
and Womble voted against.
Councilman
Dickson said he appreciated the attendance record report that was provided and
suggested that the Council get those reports more frequently during the year,
as in at the half-way mark.
8e. Public Records – This item
was taken off the agenda following a report to the Council prior to the meeting
that Kimley Horn and Associates would not be charging for the information
requested.
9. Other Business: Councilman Sack said NCDOT needs to be
notified of a dip in the road surface in the turn lane off
11. Manager’s Report:
Mr. Dean reported on upcoming holiday events.
12. Closed Session: The Council approved a motion
to enter into Closed Session, pursuant to G.S. 143-318.11(a)(6)
to conduct a performance evaluation of the town clerk.
Motion
By: Dickson
Second By: Sack
Vote: Unanimous
General Account of Closed Session –
In
Closed Session, the
Ms.
Powell said it was mostly due to the fact that she joined the town in 1994 when
salaries were far below market.
-- End General Account
Action:
The Council approved a motion to return to Open Session.
Motion By: VanFossen
Second By: Dickson
Vote: Unanimous
The
Clerk provided Council members with copies of the Bear Strategies employee and
Council opinion survey results.
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.