Regular Meeting
Feb. 3, 2009
MINUTES
The
Staff Members Present:
2 and 3.
The Pledge of Allegiance was recited, and the meeting opened with an
invocation by Rev. Horace Ferguson of
4.
Agenda Adjustment: The
Motion By: Sack
Second
By: Dickson
Vote: Unanimous
Items
Added to the Agenda: None.
Items
Removed from the Agenda: None.
Consent
Agenda Items Removed for Discussion:
Items 8e and 8f.
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: None.
6a.
Quarterly Financial Report – Mr. Holland said that he will be providing the Town Council with
a financial report showing revenues collected and where departments are in
regard to spending as of the end of the quarter. Mr. Holland said, in summary, the Town is on
target with last year and where it should be on Dec. 31 for tax collections
(79%) and spending (less than 50%.)
He noted that many communities are
having financial difficulties, but the Town is in very good shape because it
has always budgeted conservatively.
Sales tax revenues are running ahead of budgeted numbers, and ad valorem
tax collections are at normal collection rates.
He did note that development fees,
which make up about 6% of the budget and affect the town’s reserve funds, are
down because development has slowed. He
said reserve funds are not being replenished as in years past, but the Town may
make it up from development fees paid by commercial development as it continues
to grow.
Action: None.
6b.
Utility Extension Feasibility And Cost Projection Report – Ms. Parrish explained that 18 property
owners living along
She said at a previous Town Council meeting,
Council requested that staff evaluate the feasibility, costs, and possible
funding sources for such a project and to provide a report including this
information, so that a decision could be made on whether or not to undertake
such a project.
Ms. Parrish said in order to provide public water service to
the properties, a 12-inch ductile iron waterline (sized in accordance with the
Town’s approved Long Range Water Plan) would have to be extended approximately
6,900 feet along Buckhorn-Duncan Road, Cass Holt Road and onto Rex Road from
the existing eight-inch waterline that the Town purchased from Harnett County
located on Buckhorn-Duncan Road.
She said the cost of this extension
to serve these properties is currently estimated at $801,000, excluding design
and construction inspection (both assumed to be performed by in-house staff.)
She said benefits of this line
extension would be service of water to those private homes that have requested
water service, plus providing water to undeveloped properties such as the
speculative soccer complex, thereby making it less expensive for development to
occur. The waterline extension as
proposed would not provide any other benefit in this area; however, if the
project were expanded – double to triple its proposed length -- it could be of
benefit to existing customers in developments along Avent Ferry Road as it
would provide a system loop to address needed redundancy and additional
reliability in the town’s existing water system.
Ms. Parrish explained that possible
funding mechanisms for this project include:
·
By a developer or developers. This
mechanism would not apply in this instance because this is not a development
project;
·
By the town via an assessment. The property owners along the entire waterline
route of the needed waterline could petition the Town Council to ask for the
waterline extension to be funded by assessment.
The
Town is allowed by General Statutes to install a waterline and charge each property
owner who owns property along its frontage a portion of the cost of the
waterline via a very prescribed and specific assessment process. The Town’s ordinances also reference this
method of funding requested waterline extensions.
Under
this scenario, the Town could chose to either assess the whole cost of the
waterline against all properties on a frontage basis, or it could chose to
assess a lesser percentage of the waterline against all properties on a
frontage basis. Or the Town could choose to contribute to the project by
offering to reduce the assessed costs by providing design, inspection, and
labor costs.
There is a very prescribed process
that would have to be followed by the Town in order to assess the project; some
amount of financing (at least interim) would have to be provided by the Town
since the Town would be required to offer financing terms to the property
owners assessed, and the issue of annexation of the properties would have to be
dealt with prior to undertaking the project by assessment. This option of
financing is required to be undertaken following certain legal steps that begin
at the earliest stages of a project. While our Town ordinances allow for
undertaking projects by assessment, the Town has never yet undertaken
a project in this manner. It is a
fairly involved process and the record keeping it precipitates can be very time
consuming. More detailed information on
this process and its requirements can be provided upon request.
·
By the Town with grant or
low-interest loan money. There are very recent rumors
of a Federal Economic Stimulus Package (FESP) that may provide low-interest loans
or grants for utility line extensions on a competitive basis to municipalities over
the next few months. At this point,
staff does not know yet whether utility money will be included in the FESP
package nor any of the details on potential utility project requirements.
The
manager and staff will be keeping an eye out for this money to fund at least
one waterline extension project in
·
By the Town with utility reserve
money.
·
By the Town under an agreement with
the residents.
Some
variation of this: the residents pay their costs of the extension to the Town
up front (costs as determined by the Town) prior to the Town’s undertaking the
project. The Town could determine these
costs to be all costs or some portion of costs, or again could offset their
costs by donating labor and professional services.
Two potential partners who are
trying to build a soccer complex on Rex Road addressed the Council, explaining
that the property they have identified does not have adequate ground water for
field irrigation by well.
Then, Ms. Parrish said property
owners living along
The benefit of this waterline would
be that it would provide water service to properties (currently out of town),
some of which have failing wells. A
minor secondary benefit would be that a small waterline system interconnection
would be added to the Town’s waterline network.
Action: None. This will be a 2009 Winter Retreat topic.
7a.
Public Hearing: Special
Exception Use Petition 08-SEU-05 – Ms. L. Powell said the Town has
received an application for a Special Exception Use for a 3,000 square foot
drive-through restaurant to be located on 0.84 acres at
She said the UDO stipulates that any
drive-through restaurant proposed in the LB: Local Business District must be
approved through the Special Exception Use process. This parcel is a part of the Village Centre
Shoppes integrated center and is required to comply with all approved master
plan design building materials and colors.
She said the site would be accessed
using the existing shared access drives with the existing Wendy’s and Walgreens
sites located adjacent to the subject parcel.
The site would be utilizing the same plant species and material as the
existing sites in the Village Centre Shoppes so as to ensure a uniform design
throughout the center.
With that explanation completed, Mayor Sears opened the
public hearing to accept sworn testimony.
The following testimony was recorded under oath administered by the Town
Clerk: None
There being no 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
#08-SEU-05 for a drive-through restaurant at
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: Sack
Second By: DeBenedetto
Vote: Unanimous.
A copy
of the Special Exception Use Petition 08-SEU-05 addressing the findings of fact
is incorporated into these minutes as addendum pages.
Action #2: The Council, having made findings of fact that the
project meets the requirements to be granted a Special Exception Use, approved
a motion to approve Special Exception Use #08-SEU-05 for a drive-through
restaurant as submitted by James Heizer of Commercial Site Design, dated revised
1.
A
fee-in-lieu of downstream pump station upgrades will be required with this
project.
2.
The
following item is to be addressed with the 1st construction drawing
submittal:
a.
Additional
review of the proposed storm drain system will be required. The current plan diverts water onto the
private access road; this will need to be changed on the construction drawings. Any storm drain that is added will need to be
within a private drainage easement.
3.
The
applicant shall revise the architectural elevations to include brick material
with beige solider course detail for the
refrigeration unit located at the rear of the building within 10 business days
following Town Council approval.
Motion By: Sack
Second By: DeBenedetto
Vote: Unanimous.
7b.
Public Hearing: Ordinance 09-01, ETJ Extension - Ms. Clapp said on
From that date, the Town has 60 days
to adopt an ordinance accepting the new ETJ area and set the zoning for the new
area. The deadline is
Planning & Zoning has sent a
series of letters regarding each step of the process to the affected property
owners in the new ETJ area, posted public hearing signs on the properties as required,
and advertised in the local papers as required.
When the new ETJ is accepted by the
Town Council, the area will be zoned
With that explanation completed, Mayor Sears opened the public
hearing to accept input. The following
comments were recorded: None.
There being no comments, the public hearing was closed.
Action: The Council approved a motion to adopt
Ordinance #09-01, an ordinance extending the Town of
Motion By: Womble
Second By: DeBendetto
Vote: Unanimous.
A copy
of Ordinance 09-01 is incorporated into these minutes as addendum pages.
8.
Consent Agenda: The Council approved a motion to
approve all remaining items on the Consent Agenda. The motion carried following a motion by
8a
Budget Report –
The Council received a report of amendments to the FY 2008-09 budget
approved by the town manager. A copy
of the budget amendment report is incorporated into these minutes as an addendum
page.
8b.
Budget Amendment, $285,000 – The Council adopted an amendment to the FY
2008-09 budget in the amount of $285,000 to pay water capacity charges to the
City of
8c.
Mutual Aid Agreement – The Council authorized the
Director of Public Works to enter into a mutual aid agreement to allow
coordination of personnel and equipment among municipalities in
8d.
Budget Amendment, $13,500 – The Council adopted an amendment to the FY
2008-09 budget in the amount of $13,500 to carry site certification project
funds budgeted in FY 2007-08 over to this year.
A copy of the budget amendment is incorporated into these minutes as an
addendum page.
8e.
Website Design Contract –
This item was removed from the Consent Agenda during agenda adjustment.
8f.
Green
8g.
8h.
8i.
8j.
Arbor Creek Entrance Sign Hold Harmless Agreement
– The Council accepted a Maintenance, Indemnity and Hold Harmless Agreement and
liability insurance for sign installation petition #08-SP-86 and #08-SP-89,
Arbor Creek entrance monument signs. A copy of the Maintenance, Indemnity and Hold
Harmless agreement is incorporated into these minutes as addendum pages.
8k.
Resolution 09-01 – The Council adopted Resolution
09-01 directing the town clerk to investigate the sufficiency of annexation
petition A09-01 and setting a public hearing on the question of annexation for
Tuesday,
8l.
Wastewater Treatment Plant Wireless Communications Contract
– The Council authorized a contract with Windchannel in the amount of $14,550,
payable from within WWTP project contingency, for a wireless communications
tower at the plant site. A copy of the Windchannel contract is incorporated
into these minutes as addendum pages.
8m.
8n.
Budget Amendment, $1,500 – The Council
adopted an amendment to the FY 2008-09 budget in the amount of $1,500 to carry
prospect development funds budgeted in FY 2007-08 over to this year. A copy
of the budget amendment is incorporated into these minutes as an addendum page.
8o.
Village District Master Streetscape Plan Design Contract
– The Council authorized a contract with Withers & Ravenel in the amount of
$15,000 for design of a Village District master streetscape plan. A copy
of the Withers & Ravenel contract is incorporated into these minutes as
addendum pages.
8e.
Website Design Contract –
Councilman DeBenedetto asked if any local website designers had been
contacted about the prospects of redesigning the town’s website. Ms. J. Powell responded that no local firms
were considered.
Action:
The Council authorized staff to enter a contract with
Motion By:
Sack
Second By:
VanFossen
Vote:
The motion carried following a 4-1 vote.
Councilmen Womble, VanFossen, Sack and Dickson voted for the
motion. Councilman DeBenedetto voted against.
8f.
Green
Action:
The Council authorized contract change order No. 1 with Triangle Paving
in the amount of $2,600 for relocating waterline in the Green Oaks Parkway
4-lane project.
Motion By:
VanFossen
Second By:
DeBenedetto
Vote:
Unanimous.
A copy
of change order #1 is incorporated into these minutes as addendum pages.
9a.
9b. Green
She
said change order #5 is a credit adjusting change order in the amount of
$22,452.91.
Action:
The Council approved a motion to approve contract Change Order 5
adjusting the two-lane portion of Green Oaks Parkway under the three-party
agreement with Fowler Construction with a credit of $22,452.91.
Councilman DeBenedetto asked if
payment to Fowler had been made. Staff
responded not completely.
Motion By: Sack
Second By:
DeBenedetto
Vote:
Unanimous.
A copy of contract change order #5 is incorporated into these minutes as addendum
pages.
9c. Holly Glen Commercial, 08-
She
said the applicant has chosen to follow the detailed master plan option and has
included internal circulation systems, utility connections and internal access
with this plan.
With
the submittal of Holly Glen Commercial Master Plan, the developer had requested
consideration of a waiver of the street design requirements of UDO Section
7.07. The UDO requires that any project
or subdivision complete the road improvements along the entire road frontage
from centerline to the edge of the right-of-way in accordance with the Town’s
Thoroughfare Plan. The Town’s
Thoroughfare Plan calls for the ultimate cross-section for
Ms.
Powell said specifically, the developer was asking to allow phasing of the
required road improvements for the subdivision with each lot along
She
said it is staff’s recommendation was that the waiver not be granted and that
the road improvements be completed at one time with the first portion of the
subdivision plan.
Subsequently,
the applicant withdrew the waiver request.
Jimmy Cobb of the Planning Board
addressed the Council, reporting that the Planning Board had recommended
approval of the plan following a
Council members agreed that the
right-in / right-out was shown on the plan was adequate.
Action: (Actions #1 and #2 called for agenda packets
were eliminated as the applicant withdrew the request.) The Council approved a motion to approve detailed
Master Plan #08-
1.
A
fee-in-lieu of upgrade will be required for this project for the Pump Station
and/or Force Main.
2.
A
fee-in-lieu of construction of the median on
3.
The
following items will be required with the 1st development plan
associated with this subdivision:
a.
All infrastructure improvements for the subdivision must be complete.
This includes:
i.
Utility extensions necessary to serve each lot for subdivision.
ii.
Road improvements for
4.
The
following items will be required with each development plan associated with
this subdivision:
a.
Provide
completed Industrial Waste short survey Form - An Industrial Sewer Permit
Application is required for non-resi
b.
Provide
the Grease Trap Form as required for all businesses that will be handling fats,
oils, or grease (i.e. restaurants).
c.
A
Traffic Impact Analysis will be required for each lot.
d.
Area
1, 2, and 3 will be required to meet the Town of
5.
The
following items will be required prior to a grading permit being issued or
construction drawing approval each lot:
a.
Payment
of Stormwater Fee-in-Lieu will be required for Areas 1, 2, and 3.
b.
Provide
a recorded plat dedicating the utility easement along the right-of-way of
6.
Within
10 business days of the Town Council action of this plan, the following items
must be addressed on revised plans submitted:
a.
Label
the entrance on
Motion By:
VanFossen
Second By:
Womble
Vote:
Unanimous.
9d. Chick-Fil-A, 08-DP-14 – Mr.
Zawadski said the Town has received a request for a development plan for
outparcel #2 located within the
He said the plan proposes a total of
65 parking spaces located on the southern side of the building (see parking
waiver request for the location of the parking spaces.) Pedestrian connections are provided to
connect the sidewalk along the vehicular access drive with the front entrance
to the building. The site also includes
a single drive-through lane located on the eastern side of the building.
Mr. Zawadski said the building is
subject to the colors and materials approved with the Southpark Village Design
Guidelines as well as the new UDO commercial architectural requirements. The building is proposed to be constructed
primarily with two shades of brown brick and a light brown accent brick. The proposed architecture includes a variety
of Building Massing and Façade Treatments as required by the UDO. Specific features include: building base,
body, and cap, roofline variation, façade modulation, windows, awnings,
decorative brick patterns, decorative building lighting.
He said a request for alternate
architectural compliance was submitted with the project to utilize decorative
brick windows in replace of traditional glass windows along the sides of the
building. Staff supports this request
since traditional glass windows are infeasible in these areas due to the
location of the kitchen, drive-through, and interior storage areas.
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 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 08-DP-14 for
Chick-Fil-A.
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 inclusion of parking above 110% of the minimum
parking requirements; and, or locating more than 75% of the total number of off-street parking spaces between the
front building line and the property
line will not cause negative impacts on the environment and adjacent properties
(i.e. Will any additional screening, pervious pavement, shared parking, rain
gardens, etc. be provided?); 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 #2:
Having made the necessary findings of fact, 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 08-DP-14 for Chick-Fil-A.
Motion By: Sack
Second By:
Womble
Vote:
Unanimous.
Action #3:
The Council approved a motion to make and accept the findings of fact to
be recorded in the minutes for the alternate Means of Compliance of
Architectural Regulations of UDO Section 3.08, A, 1. c (2)(c)(ii) Architectural and Site Design Requirements to
allow for decorative brick windows to be used in place of traditional glass
windows along the sides of the building in association with Development Plan
08-DP-14 Chick-Fil-A.
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.
Motion By: Dickson
Second By:
Womble
Vote:
Unanimous.
Action #4: Having
made the necessary findings of fact, the Council approved a motion to approve
the request to allow for an Alternate Means of Compliance of Architectural
Regulations of UDO Section 3.08, A, 1. c (2)(c)(ii) Architectural and Site Design Requirements to
allow for decorative brick windows to be used in place of traditional glass
windows along the sides of the building in association with Development Plan
08-DP-14 for Chick-Fil-A.
Motion By: Dickson
Second By:
DeBenedetto
Vote:
Unanimous.
Action #5: The
Council approved a motion to approve Development Plan #08-DP-14 for Chick-Fil-A
as submitted by G. Robert George and Associates, LLC., project number: 1745-2,
dated revised
1.
All
conditions of approval for the Southpark Village Master Plan will apply to this
plan.
2.
Sign
permits are required to be obtained prior to signage installation.
3.
A
fee-in-lieu of pump station upgrade will be required.
Motion By: Womble
Second By:
VanFossen
Vote:
Unanimous.
9e. Burger King, 08-DP-15 – Mr.
Zawadski said the Town has received a request for a development plan for
outparcel #3 located within the
He explained the plan proposes a
total of 27 parking spaces located throughout the site. Pedestrian connections are provided through
the parking lot to connect the front entrance of the building to the sidewalk
along
The building is subject to the
colors and materials approved with the Southpark Village Design Guidelines as
well as the new UDO commercial Architectural requirements. The building is proposed to be constructed
primarily with two shades of brown brick.
The proposed architecture includes a variety of Building Massing and
Façade Treatments as required by the UDO.
Specific features include: building base, body, and cap, roofline
variation, façade modulation, windows, awnings, decorative brick patterns,
decorative building lighting.
Mr. Zawadski said two requests for alternate
architectural compliance were submitted with the project. The first request was for an illuminated red
parapet signage band to replace a traditional cornice for a portion of the
building cap. Staff did not support this
request since all other buildings in the development were approved with
traditional brick and EIFS cornices.
Staff felt that a red plastic signage band was not an appropriate
cornice treatment and would not be in harmony with the development. The Planning Board also determined that a red
signage band along the top of the building would not be consistent with the
development. During the meeting, the
applicant offered to provide a traditional cornice as shown on the rest of the
building and apply for the red band to be placed below the cornice through the
sign permitting process (see condition 4b.)
Due to this change, the alternate compliance (Action #1 below) is no
longer needed.
He said the second request is to
utilize decorative brick windows to replace traditional glass windows along the
sides of the building. Staff supports
this request since traditional glass windows are infeasible in these areas due
to the location of the kitchen, drive-through, and interior storage areas.
Action #1:
The Council approved a motion to make and accept the findings of fact to
be recorded in the minutes for an alternate means of compliance of UDO Section
3.08, A, 1. c (2)(c)(ii) Architectural
and Site Design Requirements to allow for decorative brick windows to be used
in place of traditional glass windows along the sides of the building in
association with Development Plan 08-DP-15 for Burger King.
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.
Motion By: Sack
Second By:
Womble
Vote:
Unanimous.
Action #2: Having made the necessary findings of fact, the
Council approved a motion to allow for an Alternate Means of Compliance of
Architectural Regulations of UDO Section 3.08, A, 1. c (2)(c)(ii) Architectural and Site Design Requirements to
allow for decorative brick windows to be used in place of traditional glass
windows along the sides of the building in association with Development Plan
08-DP-15 Burger King.
Motion By: Sack
Second By:
DeBenedetto
Vote:
Unanimous.
Action #3: The Council approved a motion to approve
Development Plan #08-DP-15 for Burger King as submitted by Stimmel Associates,
PA, project number ROC-40, dated revised
1.
All
conditions of approval for the Southpark Village Master Plan will apply to this
plan.
2.
Sign
permits are required to be obtained prior to signage installation.
3.
A
fee-in-lieu of pump station upgrade will be required.
4.
Prior
to issuance of Building Permit, the following must be completed:
a.
A
lighting plan must be submitted to and approved by the Department of Planning
and Zoning.
b.
A traditional building cornice shall be provided on
the building to comply with UDO requirements and SPV Design Guidelines.
Motion By: DeBenedetto
Second By:
Womble
Vote:
Unanimous.
9f.
The
building is proposed to be approximately 11,750 square feet. This would be a primary use within Local
Business zoning. The proposed building
would be oriented with the front of the building facing
She
said this building would be subject to the recently adopted commercial
architectural requirements. However,
because the nature of the use is a child care center and not a more traditional
commercial use, according to the applicant, classrooms must be partitioned
adequately, and the 50% glass requirement for the first 15 feet of the building
façade that faces adjacent development and a front lot line cannot be met. The
applicant has provided the following: Glass
Provided: Front Elevation, 10%; Left Side Elevation, 15%.
The
applicant has provided decorative fencing along the front elevation, use of
decorative vents, and shutters as an Alternate Means of Architectural
Compliance request, and because of their efforts, staff concurs with the
request.
Ms. Powell said two parking waivers
are being requested 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.
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 (the nature of the use suggests that the playgrounds must be
located behind the building to promote health, safety and welfare for children
and staff.) However, Staff does not feel
any additional parking spaces are needed beyond the 110% maximum requirement
based on the parking demand study.
The current Primrose plan proposes
150% of the minimum number of required spaces for a total of 45 parking spaces
at a rate of 11.75 spaces per 1,000 square feet. The parking demand study recommends that
child care centers provide 150% of the minimum number of spaces required by the
UDO at a rate of 11.75 spaces per 1,000 square feet. This recommendation is a worst-case scenario
that includes traffic congestion measures, and effective parking supply increases. The actual average observed occupancy was 31
spaces, which is one space over the UDO requirement of 30 spaces. However, the Urban Land Institute supports
providing above the capacity observed to ensure eliminating safety concerns
that could arise by circling around in search of parking spaces while
maintaining traffic pick-up / drop-off flow throughout the development.
Ms. Powell said based on the results
of the parking study, as well as Urban Land Institute recommendations, staff
suggests utilizing 120% of the allowed parking by the UDO with a waiver, which
would allow for a total of 36 spaces.
Parking Data Summary
Minimum Spaces - 30 spaces
Maximum without a waiver (110%) - 33spaces
Maximum with a waiver (150%) - 45 spaces
Proposed (150%) - 45 spaces
Parking Study recommendation (150%)- 45 spaces
Primrose at
All About Kids (10,822 sf) (160%) - 48 spaces
Staff recommendation (120%) - 36 spaces
The
applicant addressed the Council to explain that the request for additional
parking stems from the need to have adequate staff parking spaces without
taking up those to be used by parents dropping off or picking up children.
Council
members were generally supportive of the applicant’s position.
Action #1: The Council approved a motion to make and accept
the findings of fact to be recorded in the minutes for the Alternate Means of
Compliance of UDO Section 3.08, A, c (2) 2. (c) (ii) 1. Architecture and Site
Design Regulations to allow for reduction in the glass requirement along the
primary facades of the child care center for Petition #08-DP-16 for
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.
Motion By: VanFossen
Second By:
Sack
Vote:
Unanimous.
Action #2:
Having made the necessary findings of fact, the Council approved a motion
to approve the request to allow for Alternate Means of Compliance of UDO
Section 3.08, A, c (2) 2. (c) (ii) 1. Architecture and Site Design Regulations
for Petition #08-DP-16 for
Motion By: VanFossen
Second By:
Womble
Vote:
Unanimous.
Action #3:
The Council approved a motion to make and accept the findings of fact to
be recorded in the minutes of a waiver of regulations of UDO Section 7.04 E.,3
for Development Plan #08-DP-16 for Primrose School to allow more than 75% of
the parking to be placed between the front building line and front property
line as submitted by Resource International,
Waiver 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 inclusion of parking above 110% of the minimum
parking requirements; and, or locating more than 75% of the total number of off-street parking spaces between the
front building line and the property
line will not cause negative impacts on the environment and adjacent properties
(i.e. Will any additional screening, pervious pavement, shared parking, rain
gardens, etc. be provided?); 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: VanFossen
Second By:
Womble
Vote:
Unanimous.
Action #4:
Having made the necessary findings of fact, the Council approved a motion
to grant a waiver of regulations of UDO Section 7.04 E.,3 for Development Plan
#08-DP-16 for Primrose School to allow more than 75% of the parking to be
placed between the front building line and front property line as submitted by
Resource International,
Motion By: VanFossen
Second By:
Womble
Vote:
Unanimous.
Action #5: The Council
approved a motion to make and accept the findings of fact to be recorded in the
minutes of a Waiver of Regulations of UDO Section 7.04 E.,3 for Development Plan
#08-DP-16 for Primrose School, to provide 150% of the minimum number of spaces
required by the UDO, as submitted by Resource International,
Waiver 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,
4. The proposed development is consistent with
the intent and purpose of this UDO.
Motion By: VanFossen
Second By:
Womble
Vote:
Unanimous.
Action #6: Having
made the necessary findings of fact, the Council approved a motion to grant a
waiver of regulations of UDO Section 7.04 E.,3 for Development Plan #08-DP-16
for
Motion By: VanFossen
Second By:
Sack
Vote:
Unanimous.
Action #7:
The Council approved a motion
to approve Development Plan #08-DP-16 for
Motion By: VanFossen
Second By:
Womble
Vote:
Unanimous.
9g.
Action:
The Council approved a motion to endorse the concept of the
Motion By: Dickson
Second By: Sack
Vote:
Unanimous.
10. Other Business: Councilman VanFossen shared drawings of stone
entrance signs he designed. He estimates
the cost to be a little less than $10,000.
Councilman
VanFossen asked if the Council was interested in providing town facilities for
free rental once a year. In discussion,
the consensus was that Council members should not receive a benefit that would
not be made available to other citizens.
11.
Manager’s Report: Mr. Dean reported on a program
to provide computers to children in need.
He said the Town has several computers that could be donated to the
cause once the hard drives are cleaned.
The Council consensus was that the computers should be declared surplus
and given to the program.
12.
Closed Session: The Council approved a motion to
enter Closed Session, pursuant to N.C.G.S. 143-318.11(a)(3) to discuss with the
Town Attorney a matter of litigation involving Melanie Mangum vs. Town of Holly Springs.
Motion
By: Sack
Second
By: Dickson
Vote: Unanimous
General Account – Closed Session,
In Closed Session, Mr. Schifano
briefed the Council on how the Melanie Mangum vs.
-- End General Account
The Council returned to Open Session
and took no action.
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.