Regular Meeting
April 21, 2009
MINUTES
The
Staff Members Present: Chuck Simmons, assistant town
manager;
2 and 3.
The Pledge of Allegiance was recited, and the meeting opened with an
invocation by Councilman Womble.
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.,
to be postponed until May 19 at the request of the appealing party.
Consent
Agenda Items Removed for Discussion:
None.
Other
Changes: Item 9g. was amended to set
the public hearing for
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:
Ken Henke,
He said a sign advising people of the requirement would be
helpful in avoiding those kinds of conflicts.
6a.
Proclamation in Honor of Cora Mae Lassiter – Mayor Sears explained that the he
and the Town Council wished to honor and recognize the memory of Cora Mae
Lassiter, a longtime
Mayor Sears said that Mrs. Lassiter
was an active member and leader in the United Church of Christ, and she was an
active community member her entire life.
She most recently assisted the town by providing photos and historical
facts about
Councilman Womble presented the
proclamation to her family in honor of the memory of Mrs. Lassiter.
Action: None.
6b.
Recognition of Sgt. Dru Humprhies – Police Chief
John Herring, together with Lt. Mike Patterson and Captain Mike Bornes,
presented Squad A Sgt. Dru Humphries with the department’s Meritorious Service
Award for outstanding service during the March 2008-09 time period.
Action: None.
Mr. Simmons reported that some FMI
recommendations already are being implemented by staff and others will be
implemented in the future.
Action: None.
7b. Soil & Erosion Control Ordinance
Violation - This item was
removed during agenda adjustment.
8a.
Public Hearing: Special
Exception Use Petition 09-SEU-01 – Ms. L. Powell said the Town has
received an application for a Special Exception Use to develop an O’ Reilly Auto
Parts retail store, to be located on
Ms. Powell said an auto parts store is
a special exception use within Local Business zoning. The applicant has met with residents of the
adjacent subdivision, Windward Pointe, and as a result is planting additional
plant materials along the rear property line.
The proposed building would be oriented with the front of the building facing
She said this building also would be
subject to the recently adopted commercial architectural requirements. However, because the nature of the retail use
is heavily dependant upon storage space and not a more traditional commercial
use, according to the applicant, 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: 41%; Left
Side Elevation: 14%; Right Side Elevation: 13%.
She said the applicant has provided
decorative brick faux windows along each elevation as an Alternate Means of
Architectural Compliance request. Staff
concurs with the request, and Ms. Powell stressed that the applicant worked
cooperatively with staff to provide a plan that was amenable to all parties.
Councilman DeBenedetto asked about
the communication with Windward Pointe subdivision.
Councilman Dickson explained that
the developers met with the homeowners association and were willing to listen
to residents.
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 #09-SEU-01
on
Special
Exception Use Findings of Fact:
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: Dickson
Vote: Unanimous.
A copy
of the Special Exception Use Petition 09-SEU-01 addressing the findings of fact
is incorporated into these minutes as addendum pages.
Action #2: The
Council approved a motion to make and accept findings of fact to be recorded in the minutes for a waiver
of regulations of UDO Section 7.04 E.,3 for Development Plan #09-SEU-01 for O’
Reilly Auto Parts, to allow for more than 110% of the minimum number of spaces
required by the UDO, as recommended by staff.
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: Womble
Second By: Sack
Vote: Unanimous.
Action #3: Having made the necessary findings of fact, the Council approved a motion to allow
for more than 110% of the minimum number of spaces required by the UDO for
Special Exception Use Petition #09-SEU-01.
Motion By: Dickson
Second By: VanFossen
Vote: Unanimous.
Action #4: 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 regulations (UDO Section 3.08, A, c (2) 2. (c) (ii) 1. Architecture and
Site Design Regulations) in association with Special Exception Use Petition
#09-SEU-01 for O’ Reilly Auto Parts to allow for a reduction in the glass
requirement along of the primary facades of the auto parts retail store as
submitted by Craig Schneider of Esterly, Schineider and Associates, dated revised
Alternate
Compliance Findings of Fact:
- 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: Sack
Vote: Unanimous.
Action #5: Having made the necessary findings of fact, the Council approved a motion to
approve the use of an alternate means of compliance of UDO regulations (UDO
Section 3.08, A, c (2) 2. (c) (ii) 1. Architecture and Site Design Regulations)
in association with Special Exception Use Petition #09-SEU-01 for O’ Reilly
Auto Parts to allow for a reduction in the glass requirement along of the
primary facades of the auto parts retail store as submitted by Craig Schneider
of Esterly, Schineider and Associates, dated revised
Motion By: Womble
Second By: DeBenedetto
Vote: Unanimous.
Action #6: The Council approved a motion to approve the development
plan associated with Special Exception Use #09-SEU-01 for O’ Reilly Auto Parts
as submitted by Craig Schneider of Esterly, Schineider and Associates, dated
revised
1.
A
fee-in-lieu of upgrade will be required for this project for the Pump Station
and related Force Main
2.
A
fee-in-lieu of construction of the median on
3.
This
project will be required to meet the Town of
4.
The
existing 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 in accordance with the Town’s policy for
Hydrologic Basin Models. Retention or
detention may be required to accomplish this.
A Fee-In-Lieu will be required for the Town of Holly Springs to update
the flood study.
5.
The
following item will be required with 1st construction drawing
submittal, Diffuse flow will be required into the Neuse River Buffer.
6.
Prior
to construction drawing approval or land disturbance issuance, the following
items are required:
a.
Payment
of the Stormwater Fee-in-Lieu will be required
b.
Approval
of Stormwater Management Plan is required
Motion By: Dickson
Second By: Sack
Vote: Unanimous.
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 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.
9c.
Quarterly Financial Report – The Council received a quarterly financial
report. A copy of the financial
report is incorporated into these minutes as an addendum page.
9d.
Reclaimed Water Project Change Order #2
– The Council approved a contract Change Order #2 for an extension of time for
the Reclaimed Water project. A copy
of contract Change Order #2 is incorporated into these minutes as addendum
pages.
9f.
Green Oaks Parkway Four-lane Project Contract Amendment #4
– The Council approved amendment No. 4 to the Kimley
Horn and Associates contract for re-design of a traffic signal for the Green
Oaks Parkway four-lane project. A copy of the Kimley
Horn and Associates contract amendment #4 is incorporated into these minutes
as addendum pages.
9g.
Resolution 09-11 – The Council adopted Resolution
09-11 directing the town clerk to investigate the sufficiency of annexation
petition A09-03 and setting a public hearing on the question of annexation for
9h.
Resolution 09-12 – The Council adopted resolution
09-12, urging those who obtain federal economic stimulus funds to buy
American-made goods and materials from American-based companies. A copy
of Resolution 09-12 is incorporated into these minutes as addendum pages.
10a.
Ms. Mizelle explained that in March
2009, the Town purchased exhibit space for the International Association of
Science Parks (IASP) annual conference to be held in
Having worked with O’Brien Atkins
for several years on several projects (in many cases OBA has provided the Town
with pro bono work) Ms. Mizelle and her staff contacted them to assess their
interest in working with the Town. Jim Nichols and Jay Smith met with staff to
develop a scope of services that fits within the Town’s schedule and
budget.
The firm’s
quality of work, client base, expertise and reputation rank the OBA firm at the
top of architecture and engineering firms in the Triangle area. In addition to
several site plans OBA has developed for the economic development department,
they also served as the consulting engineer on the State Employees Credit Union
in
Action:
The Council approved a motion to enter a contract with O’Brien Atkins
for development of a site plan for the
Motion By: Sack
Second By:
Womble
Vote:
The motion carried following a 4-1 vote.
Councilmen Womble, VanFossen, Sack and Dickson voted for. Councilman DeBenedetto voted against.
A
copy of the O’Brien Atkins contract and
budget amendment are incorporated into these minutes as addendum pages.
11. Other Business: Councilman Womble asked if anyone knew of a
place that could be used as an emergency food pantry. Councilman Dickson suggested that the group
seeking the space might want to contact the news media and maybe a property
owner who sees the news would offer space.
12.
Manager’s Report: Mr. Simmons reported that the
engineering department would be manning an Earth Day booth at the cultural
center; that the Citizens Academy on April 20 would be focusing on Public
Safety; that a roadside clean-up was scheduled for May 1; and that May 2 is the
opening day of the Farmers Market and a shred-a-thon sponsored by the Police
Department would be held on the same day.
At this time, Councilman Sack
reported on the Novartis volunteer day on Thursday at
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.