Regular Meeting
April 7, 2009
MINUTES
The
Staff Members Present:
2 and 3.
The Pledge of Allegiance was recited, and the meeting opened with an
invocation by Tiffany Pinson of The Family Worship Center of Holly Springs.
4.
Agenda Adjustment: The
Motion By: Sack
Second
By: Dickson
Vote: Unanimous
Items
Added to the Agenda: None.
Items
Removed from the Agenda: Item 7b.
was tabled until
Consent
Agenda Items Removed for Discussion:
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:
Kirk Rice,
Residents, he said, request the
Town’s help and are desperate for a solution.
6.
All-Star Boys Basketball Team – Ms. Denton recognized the town’s 9- to 10-year-old boys
basketball all-star team for its accomplishments during the SWAC (Statewide
Athletic Committee) basketball tournaments in March. She said the team competed against other
teams in the state to become the SWAC Southeast Regional champions and the
Councilman Dickson assisted Ms.
Denton in presenting certificates of recognition to the players.
Action: None.
7a.
Western Wake Regional Project - Ms. Sudano said that
the Western Wake Regional Project and its associated “ancillary projects” are
moving forward, with both the Environmental Impact Statement (EIS) and
Preliminary Engineering Report (
Ms. Sudano said an informational meeting is
required, and this agenda topic will serve as that public meeting, which was
advertised. Two additional meetings for
this purpose will be held in Apex and
Ms. Sudano then introduced Mr. Ken
Bruce of Brown and Caldwell, who addressed the Council with an overview of the
project and its funding.
Mr. Bruce said the project is
expected to bid this fall. In summary,
the project will be a regional-sized wastewater treatment plant serving Apex
and
With a presentation completed, Mayor Sears opened the floor
to accept input. The following comments
were recorded:
Councilman
Councilman DeBenedetto asked if the consultant had any word
of any federal stimulus money that would be available for the project.
He said the federal stimulus money would be allocated through
existing state programs for projects that are farther along than this one. He added that limited funds may not make it
feasible or worthwhile to pursue.
Councilman DeBenedetto asked since the preferred site was not
yet determined, would this ipact the project’s timeline. Mr. Bruce said there would be implications to
the schedule.
Councilman Womble asked if utility rates would
increase. Mr. Holland said yes, the Town
had planned about a 16-percent rate increase.
Mr. Dean said it was important to point out that the
increase would have been substantially more if the council had not agreed five
years ago to expand the town’s existing plant and to participate in the
partnership with effluent line only. The
decision to not participate as a full user saved the Town millions of dollars.
Mike Shlusher, the town’s consultant on the Utley Creek WWTP
who is coordinating the Town’s project with the regional project, updated the
Council on the plant expantion project.
Overall, the Town’s project should be completed by March 2010 although
Phase I should go online in the summer of 2009.
The plant expansion increases the Town’s capacity for growth through
2030.
There being no comments, the public meeting was closed.
Action:
None.
7b.
Soil Erosion and Sedimentation Control Ordinance Violation Appeal - This item was tabled until
7c.
Prescription Discount Program - Mr. Simmons said the
Some of the highlights of this
program include: Average savings for
citizens of 20%; free enrollment; coverage for all family members; no limit on
card usage; no age restrictions; no income requirements; and easy access, nine out
of 10 pharmacies participate nationwide in the program. Mr. Simmons said that about the only people
the program would not benefit are those who have regular insurance coverage for
prescriptions.
The Town, he said, would be charged
with distribution of the cards and marketing the program. There would be no other cost to the town, he
added.
Mr. Simmons said
Action: The Council Members were all in consensus to endorse
Motion By:
Dickson
Second
By: Womble
Vote: Unanimous
8a.
Public Hearing: Reclaimed Water Project
Installment Financing - Mr. Holland explained that staff
originally had prepared to borrow funds for the construction of the Town’s
Reclaimed Water project. Since
preparations were made, staff now intends to seek Council authorization to use
existing Sewer Reserve Funds instead of borrowing the money.
Mr. Holland said usage fees would be
applied to replenish the Reserve Fund until the $2.2 million is replenished.
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 direct
staff to use the Sewer Reserve Fund to cover costs of the Town’s Reclaimed
Water project, authorizing an amendment to the budget to transfer $2.2 million
from the Sewer Reserve Fund and apply it to the Reclaimed Water Project budget.
Motion By:
Womble
Second
By: VanFossen
Vote: Unanimous
8b.
Public Hearing: Special Exception
Use Petition 08-SEU-06,
He said the building design is subject to the colors and
materials approved with the Southpark Village Design Guidelines as well as the
UDO commercial architectural requirements.
The building is proposed to be constructed primarily with two shades of
brown brick with EIFS accents. 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 one alternate architectural compliance request was
submitted with the project. The request
is to utilize additional awnings and human scale elements to replace
traditional glass windows. In addition
to providing additional decorative EIFS banding, decorative brick patterns, and
awnings, glass windows are provided on a total of 36%, 32%, and 23% of the
lower 15 feet of the front and side facades.
Mr. Zawadski reported that the original site plan for the
facility concerned some Planning Board members because of access
difficulties. He explained that staff
met with the applicant, and the site plan was revised to address those
concerns.
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:
Chris Seamster, McKim & Creed – Mr. Seamster testified that the applicant
met with staff the day after the Planning Board meeting, shifting the parking
and the building to get it further away from the corner and believed they
addressed the concerns.
James Freeman, AAA – Mr. Freeman said if there were any questions, he would be
glad to answer them.
Councilman VanFossen asked what kind of work would be done
at the facility.
Mr. Freeman said the facility is tied to AAA Motorist
Assistance and primarily does diagnostics and tire changing, but not tire
storage.
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 #08-SEU-06 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:
Sack
Second
By: Womble
Vote: Unanimous
A copy
of the Special Exception Use Petition 08-SEU-06 addressing the findings of fact
is incorporated into these minutes as addendum pages.
Action #2: The Council approved a motion to make and accept the findings of fact to be recorded
in the minutes for an alternate compliance with the regulations of UDO Section
3.08, A, 1. c (2)(c)(ii) Architectural
and Site Design Requirements to allow for additional awnings and human scale
elements to be used in place of traditional glass windows in association with
Project #08-SEU-06
- 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;
- The proposed development will
be compatible with and will enhance the use or value of area properties;
- The proposed development is
consistent with the intent of the Comprehensive
Plan; and,
- The proposed development is
consistent with the intent and purpose of this UDO.
Motion By:
Dickson
Second
By: Womble
Vote: Unanimous
Action #3: The Council, having made findings of fact, approved a motion
to grant permission for the applicant to provide an alternate compliance with
the regulations of UDO Section 3.08, A, 1. c (2)(c)(ii) Architectural and Site Design Requirements to
allow for additional awnings and human scale elements to be used in place of
traditional glass windows in association with Project #08-SEU-06
Motion By:
Dickson
Second
By: Womble
Vote: Unanimous
Action
#4: 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
Petition #08-SEU-06
1.
All
conditions of approval for the Southpark Village Master Plan will apply to this
plan.
2.
Prior
to signage installation, sign permits are required to be obtained.
3.
Fee-in-lieu
of pump station upgrades will be required with this project.
4.
Prior
to issuance of Building Permit, the following must be completed:
a.
Subdivision
plat must be recorded.
b.
Lighting
plan must be reviewed and approved by the Department of Planning & Zoning.
5.
The
following information will need to be included on the 1st construction
drawing submittal for this project: Due to the type of this project, a NPDES
general stormwater permit for an industrial use may be required. If this permit is applicable, the Notice of
Intent must be provided.
6.
Prior
to construction drawing approval or issuance of the land disturbance permit,
the stormwater management plan must be approved.
7.
Within
10 business days of Town Council action of this plan, the following items must
be addressed on revised plans:
a.
Revise
site plan and building location along the rear access drive to ensure drivers
have an adequate site distance when exiting the parking lot.
b.
Revise
rear building elevation to ensure the building awnings do not interfere with
vehicular traffic.
Motion By:
Dickson
Second
By: Womble
Vote: Unanimous
8c.
Public Hearing: FY 2009-10 Budget
- Mr. Dean said the public has been invited via the Town’s Web site and local
media to provide comments on the Town’s FY 2009-10 budget. Citizens have been invited to provide input
as to what they feel are important programs, facilities or services.
He said the purpose of this
pre-budget preparation hearing is to give folks a chance to have input before
the budget process actually begins instead of having to wait until the end of
the process when it may not be feasible to make adjustments.
This hearing is being held in
addition to – and not instead of – the public hearing that is required by law
later in the budget process. That
hearing is tentatively scheduled for May 19 or
Mr. Dean then provided the Council with an overview of
projected revenues and financial challenges the town may face this year.
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: None.
9.
Consent Agenda: The Council approved a motion to
approve all items on the Consent Agenda.
The motion carried following a motion by
9a
Minutes –
The Council approved minutes of
the Council’s regular meeting held on
9b.
Budget Amendment 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 addendum pages.
9c.
Resolution 09-10 – The Council adopted Resolution 09-10
declaring certain town vehicles to be surplus.
A copy of Resolution 09-10 is incorporated into these minutes as an
addendum page.
9d.
9e.
Budget Amendment, $250,000 – The Council adopted a amendment to the FY
2008-09 budget in the amount of $250,000 to cover costs associated with the
9f.
Budget Amendment, $500,000 – The Council adopted
amendments to the FY 2008-09 budget in the amount of $500,000 to allocate funds
from Sewer Reserves to cover costs associated with the Regional WRF project. Copies
of the budget amendments are incorporated into these minutes as addendum pages.
9g.
Budget Amendment, $16,500 - The Council adopted an amendment to the FY
2008-09 budget in the credit amount of $16,500 to account for financing of the water
reclamation project. A copy
of budget amendment is incorporated into these minutes as an addendum page.
9h.
Budget Amendment, $10,350 – The Council adopted
an amendment to the FY 2008-09 budget in the amount of $10,350 to cover costs
associated with the
9i.
9j.
9k. Budget Amendment, $54,000 - The Council adopted a budget amendment for
$54,000 and awarded the 2008-09 Street Improvement Project to Ellington
Contractors, Inc., which was the lowest responsive
bidder with a bid in the amount of $241,849.50, plus a 5% contingency, for a
total project cost of $253,941.50. A copy
of the budget amendment and the Ellington Contractors contract are incorporated
into these minutes as addendum pages.
9l.
9m. Parks and Recreation Facility Rental Policy
Amendment – The Council approved an amendment
to the facility rental policy allowing refunds for cancellations. A copy of the facility rental policy amendment is
incorporated into these minutes as addendum pages.
9n.
Soil and Erosion Control Ordinance Amendment
– The Council adopted an amendment to Ordinance 09-07 revising Section 8-50 of
the Town Code, the Soil and Erosion Control Ordinance. A copy of Ordinance 09-07 is
incorporated into these minutes as addendum pages.
10a. 09-DP-01,
The
plan proposes a total of 25 parking spaces located throughout the site. A pedestrian connection is provided through
the parking lot to connect the front entrance of the building with the sidewalk
along
He said the building design is
subject to the colors and materials approved with the Southpark Village Design
Guidelines as well as the UDO commercial architectural requirements. The building is proposed to be constructed
primarily with two shades of brown brick with EIFS and cast-stone accents. 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 one alternate
architectural compliance request and one parking waiver request was submitted
with the project. The first request is
to utilize decorative brick windows to replace traditional glass windows. In addition to providing faux brick windows
on all four sides of the building, glass windows are provided for a total of 14%
and 7% of the lower 15 feet of the front facades.
The parking waiver requests to
provide more than 110% of the minimum parking requirement. The UDO does not specify a liquor store
parking requirement, so the use is subject to the general retail requirement of
3.5 spaces per 1,000 square feet. Staff
agrees that this requirement does not provide enough parking for a liquor store
and is therefore in support of the parking increase.
Action #1:
The Council approved a motion to make and accept the findings of fact to
be recorded in the minutes for an alternate compliance of 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 in association with
Development Plan #09-DP-01 for
- 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;
- The proposed development will be compatible with and will enhance
the use or value of area
properties;
- The proposed development is consistent with the intent of the Comprehensive Plan; and,
- The proposed development is consistent with the intent and purpose
of this UDO.
Motion By: VanFossen
Second By:
Womble
Vote:
Unanimous.
A copy
of the waiver 09-DP-01 addressing the findings of fact is incorporated into
these minutes as addendum pages.
Action #2:
The Council, having made findings of fact that the petition meets the
requirements to be granted an alternate compliance of regulations of UDO
Section 3.08, A, 1. c (2)(c)(ii)
Architectural and Site Design Requirements, approved a motion to allow
decorative brick windows to be used in place of traditional glass windows in
association with Development Plan #09-DP-01 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 for a Waiver of Regulations of UDO Section 7.04 E.,3
Off-Street Parking Requirements to allow for more than 110% of the minimum
off-street parking in association with Development Plan #09-DP-01 for
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.
A copy
of Waiver 09-DP-01 addressing the findings of fact is incorporated into these
minutes as addendum pages.
Action #4:
The Council, having made findings of fact that the petition meets the
requirements to be granted a waiver of regulations of UDO Section 7.04 E.,3
Off-Street Parking Requirements, approved a motion to grant a waiver to allow for
more than 110% of the minimum off-street parking requirement in association
with Development Plan #09-DP-01 for
Motion By: VanFossen
Second By:
Womble
Vote:
Unanimous.
Action #5:
The Council approved a motion to approve Development Plan #09-DP-01 for
1)
All
conditions of approval for the Southpark Village Master Plan will apply to this
plan.
2)
Prior
to signage installation, sign permits are required to be obtained.
3)
A
fee-in-lieu of upgrade will be required for this project for the Pump Station.
4)
Prior
to issuance of Building Permit, the following must be completed:
a)
Subdivision
plat must be recorded.
Motion By: VanFossen
Second By:
Womble
Vote: Unanimous.
11.
Other Business: Councilman Womble asked if the
town could look into street lighting on
Councilman Womble asked if crosswalk
could be placed on
Councilman Womble suggested a
pedestrian overpass.
Councilman VanFossen asked if staff
could look into installation of a traffic light at Linksland and
Councilman Womble said a traffic
light may be needed on
Councilman Sack said there still is
no “No Outlet” sign installed on
12.
Manager’s Report: Mr. Dean reported that Town Hall
Day is May 6.
13.
Closed Session: None.
14.
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.