Regular Meeting
March 3, 2009
MINUTES
The
Staff Members Present:
2 and 3.
The Pledge of Allegiance was recited, and the meeting opened with an
invocation by Bishop Savoldi of the Church of Jesus Christ of Latter Day Saints.
4.
Agenda Adjustment: The
Motion
By: Sack
Second
By: Dickson
Vote: Unanimous
Items added to Consent Agenda: 7k., resolution for application for
economic stimulus funds; 7l. set a special meeting for
Items removed from Consent Agenda: 7i.,
Stewart contract.
Items removed from the agenda: 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:
Dan Tingen,
He said all are hoping for an economic upturn in the latter
half of 2009. He asked the Council to
consider the housing industry when setting out the upcoming budget, keeping in
mind that development fees would impact builders and that builders will be key
to any recovery in the economy.
Mayor Sears reported that the Town of Holly Springs is in
strong financial shape since as residential development began to slow,
non-residential development picked up.
He said non-residential development is equal to or greater than the
revenues generated by residential permits.
6a.
Public Hearing: UDO Amendment
09-06, (09-UDO-01) – Ms. Clapp said the proposed amendments would not
change any of the current procedures that the Town has in place, rather would
clean up and add language to remove any inconsistencies and to provide greater
clarification on the review authorities for these particular processes.
She explained that the proposed
amendments to Section 9.09 Decision Matrix would correct some minor
inconsistencies with previous UDO Amendments as follows:
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#1: The
Motion By:
Sack
Second
By: DeBenedetto
Vote: Unanimous.
Action#2: The
Motion By:
Sack
Second
By: DeBenedetto
Vote: Unanimous.
A copy of Ordinance 09-06, (09-UDO-01) is
incorporated into these minutes as addendum pages.
6b. Public Hearing: Annexation A09-02,
The petition meets all the statutory
requirements for satellite annexation.
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
Motion By:
DeBenedetto
Second
By: Womble
Vote: Unanimous.
A copy of Annexation Ordinance A09-02 is
incorporated into these minutes as addendum pages.
6c. Public Hearing:
Ms. Powell
reported that the Planning Board had reviewed the request and recommends
approval. Earlier concerns, she
reported, were of the entire rear elevations.
They had no problems with the use of vertical siding for front elevation
accents.
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
Motion By:
Sack
Second
By: Womble
Vote: Unanimous.
7.
Consent Agenda:
Before adoption of the Council, Mr. Dean explained that a pre-budget
public hearing was being scheduled for April 7 since the March 17 regular
meeting has been cancelled.
The Council approved all remaining items
on the Consent Agenda following a motion by Councilman
Sack, a second by
7a.
7b.
Budget Amendment, $20,000 –
The Council adopted
amendments to the FY 2008-09 budget – reserve and project funds -- in the amount of $20,000 to cover costs of
additional professional services by Davis Martin Powell for the regional water
reclamation facility. Copies of the budget amendments are incorporated
into these minutes as addendum pages.
7c. Resolution 09-04 – The Council adopted Resolution
09-04 declaring certain personal property to be surplus to the needs of the
Town and authorizing the disposal of said property. A copy
of Resolution 09-04 is incorporated into these minutes as an addendum page.
7d. Set April 7, Pre-Budget
Public Hearing - The Council set a date of April 7
for a pre-budget public hearing to accept comments on the FY 2009-10 town
budget.
7e.
Holly Springs Baptist Church Parking Lot Change Order No. 2 – The
Council approved the Holly Springs Baptist Church parking lot Change Order No.
2 with Narron Contracting to modify the striping and signage plan, resulting in
a credit amount of $2,615. A copy of the Narron Contracting Change
Order No. 2 is incorporated into these minutes as addendum pages.
7f.
7g.
7h.
Utley Creek WWTP Expansion Change Order No. 5 – The Council approved
Utley Creek WWTP expansion Change Order No. 5 to add days to the contract and
some additional work, resulting in an additional $20,863. A copy
of a draft Utley Creek WWTP expansion Change Order No. 5 is incorporated into
these minutes as addendum pages.
7i.
7j
8a. Annexation
Ordinance A09-01,
She said the
petitioner requests that action be further deferred until April 7.
Action: The
Council approved a motion to defer action on annexation petition A09-01 until
the
Motion
By: Dickson
Second
By: DeBenedetto
Vote: Unanimous.
At this time, Councilman Sack made a motion to recuse
Councilman VanFossen from Item 8b. on the agenda because of his professional
connection as an architect with the subject of Item 8b. Councilman Dickson seconded the motion, and
it carried unanimously. A quorum of the
Council remained.
8b.
Development Plan 08-DP-12, Shoppes at Woodcreek, Phase
III – Ms. L. Powell
said the Town has
received a request for an integrated center to be located on 1.45 acres of
property at the approximate intersection of
She said this project is located
within a gateway corridor and is therefore subject to a higher degree of
architectural requirements. The two
buildings are proposed to be constructed primarily of a brown and red colored
brick along with secondary building materials that include beige and white
colored EIFS. Various architectural
elements such as roofline modulation, metal awnings, multiple brick patterns,
decorative louvers, and multiple cornices are proposed.
Ms. Powell said this building is subject
to the recently-adopted commercial architectural requirements. In order to be compatible and in harmony with
the rest of the Shoppes of Woodcreek development, the architect has submitted
an Alternate Means of Architectural Compliance request, with which staff
concurs.
On
This has been reflected in the
change to the condition of plan approval below.
During plan review, the owner of
neighboring property expressed concern about the shared proposed access but
agreed that an arrangement for shared access could be worked out. Staff pointed out that this would be a
condition of approval on the plan.
Mr. Bill Shankle addressed the Council and confirmed that he
had talked with the property owner and will work with him through the
construction drawing process.
He also noted that the illustrations in the Council’s hands
did not adequately show how the phases of Woodcreek (I & II and III
interconnect.) He provided Council
members with an additional drawing showing this interconnectivity.
Mayor Sears asked the neighboring property owner, Mr. Patel,
if he was amenable to working with Mr. Shankle.
Mr. Patel said he was.
Action
#1: The
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 #2: Having made the findings of fact, the Council approved a motion
to approve the Alternate Means of Compliance of Architectural Regulations of
UDO Section 3.08, A, 1.c.(2) (a)(ii). Architecture and Site Design Regulations
for Petition #08-DP-12 for Shoppes at Woodcreek Phase
Motion By:
Dickson
Second
By: Womble
Vote: Unanimous.
Action #3: The
1.
Prior
to installation, a site lighting plan must be submitted to and approved by the
Department of Planning & Zoning.
2. Prior to issuance of Building
Permit, the following must be completed:
a. Details for the design and layout of
the developed open space must be submitted to and approved by the Department of
Planning and Zoning.
3. A sign permit is required for all
signage prior to installation.
4. Fee in lieu of downstream pump
station upgrades will be due with this project.
5.
This
project will be required to meet the Town of
6. The following items are to be
addressed or provided with the 1st construction drawing submittal
for this project:
a.
All
offsite easements (including construction easements, cross access easements,
etc.) must be dedicated for this project.
b.
Offsite
right-of-way must be dedicated for this project (both sides of
c.
A
flood study will be required to meet the Town’s policy for Hydrologic Basin
Models (Town Policy - P-018). The
approved Woodcreek 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.
d. All environmental documentation in
respect to the identification and permitting of impacts to streams, wetlands
and buffers must be provided.
e. Provide 3 copies of the final TIA
prior to construction drawing submittal.
f. Provide documentation of construction and
cross-access easements with the adjacent property owner (Sunset Mart).
7. The following items are to be
addressed prior to approval of the first construction drawing or issuance of a
land disturbance permit for this project:
a.
Approval
of Stormwater Management Plan is required.
b. Payment of the Stormwater
Fee-in-Lieu will be required
c.
All
environmental permits applicable to the project must be obtained.
8. Within 10 business days of the Town
Council action the following items must be addressed on revised plans:
a. Label road improvements for
b. Cross Access easements need to be
shown from entrances to all drives to adjacent properties.
Motion By:
Dickson
Second
By: Womble
Vote: Unanimous.
At this time, Councilman
Sack made a motion to readmit Councilman VanFossen into the meeting. A second was made by Councilman Dickson, and
the vote was unanimous.
At this time, Mr. Dean
reported why the Stewart Engineering item was removed from the Consent
Agenda. He reported that he had received
an email from Falcon offering to do the work for free as a donation to the
town.
Action: The Council approved a motion to enter a
contract with Falcon Engineering at zero cost for
Motion By: Sack
Second By: DeBenedetto
Vote: Unanimous.
9.
Other Business: Councilman Womble asked about
Councilman Womble asked that it be
moved up in the schedule, separate from the Main Street Enhancement
Project. The Council had no objections.
10.
Manager’s Report: Mr. Dean reported that the
retreat was productive and acknowledged
Mr. Weeks reported on the
11. Closed Session:
None.
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.