Regular
Meeting
June 16, 2009
MINUTES
The
Staff Members
Present:
2 and 3. The Pledge of Allegiance was recited, and the
meeting opened with an invocation by Rev. Doug Parlin and of
4. Agenda Adjustment: The
Motion
By: Sack
Second
By: VanFossen
Vote: Unanimous
Items Added to the Agenda: None.
Items
Removed from the Consent Agenda: Item
8c., community grants.
Consent
Agenda Items Moved to New Business:
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:
Harold Norris,
6a. Annexation A09-01,
She said the public hearing
was opened and closed at a
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.
A copy of Annexation Ordinance A09-01 is incorporated
into these minutes as addendum pages.
7a. Public
Hearing: FY 2009-10 Budget – Mr. Dean
said the
Town opened and continued the public hearing to resume tonight for the FY
2009-10 budget. The Council is to
consider action on the proposed budget ordinance and a proposed ordinance
setting the water and sewer rates for FY 2009-10.
Mr. Dean provided highlighted
information on the FY 2009-10 budget proposal.
When Mr. Dean
covered financial losses of the town’s EMS and how he recommends that the
service be turned over to
With that explanation completed, Mayor Sears reopened
the public hearing to accept input. The
following comments were recorded:
Glenn Myrto,
Mr. Myrto also suggested that the part of his
water bill that is allocated to fixed and capital costs should be removed from
the water bill and added to his tax bill so it could be tax-deductible on his
federal income taxes.
There being no further comments, the public
hearing was closed.
In discussion among the board, Councilman
DeBenedetto asked Mr. Dean to go over his recommended travel allowance /
mileage reimbursement policy.
Mr. Dean reminded
Council members that he was directed at the budget workshop to devise a
proposed travel allowances / mileage reimbursement policy and that $20,000 had
been placed as a line item in the proposed budget. Mr. Dean said the line amount was budgeted to
cover the costs of administering the policy, if authorized by the Council.
Mr. Dean said the
policy was based on Councilman Dickson’s suggestion that a tiered allowance
policy be instated, providing Tier 1, Tier 2 or Tier 3 allowances depending on
a staff member’s need.
Councilman DeBenedetto
said he maintained that there should be no travel allowance policy and that
employees should receive only actual mileage.
Councilman Dickson
said he felt that the policy simply formalizes and makes reimbursement more fair than a previous practice.
Councilman Sack
said he was looking at the situation from a cost savings viewpoint, saving the
Town money in having to buy vehicles. He
noted that the cost of providing a vehicle for Chief Herring would be about
$35,000, including service and outfitting it with blue lights. The cost for providing all department heads a
travel allowance for the year was only $20,000, he said.
Councilman Womble asked why the town didn’t
just have a shared pooling system rather than a fleet of vehicles. He said it
was his position that the town should look at that option.
Councilman
VanFossen said he felt the Town was losing a level of service in exchange for
abolishing monthly travel allowances.
At this time, Councilman DeBenedetto made a
motion to adopt the policy with the exception of Paragraph 2 on Page 2 and with
the elimination of Section 2.
Councilman Womble seconded the motion.
Vote: The motion failed to carry, following a 2-3
vote. Councilmen DeBenedetto and Womble
voted for the motion. Councilmen
VanFossen, Sack and Dickson voted against.
Action
#1: The
Motion
By: Dickson
Second
By: VanFossen
Vote: The motion carried, following a 3-2 vote. Councilmen VanFossen, Sack and Dickson voted
for the motion. Councilmen DeBenedetto
and Womble voted against. .
A copy of the
manager’s travel allowances and mileage reimbursements administrative rule is
incorporated into these minutes as addendum pages.
Action
#2: 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.
A copy of Ordinance
09-10 is incorporated into these minutes as addendum pages.
Action
#3: The
Motion
By: Dickson
Second
By: Sack
Vote: The motion carried, following a 3-2
vote. Councilmen VanFossen, Sack and
Dickson voted for the motion. Councilmen
DeBenedetto and Womble voted against.
A copy of Ordinance 09-11 is
incorporated into these minutes as addendum pages.
In deference to a number of audience members
present to address the Holly Glen Recreational Special Exception Use petition,
the Council approved a motion to move Item 7e. up on
the agenda to be discussed at this time.
Motion
By: Dickson
Second
By: Sack
Vote: Unanimous
At this time, the Council approved a motion
to recuse Councilman VanFossen from the meeting due to his professional
association with the applicant as architect for the project that is the subject
of agenda item 7e.
Motion
By: Sack
Second
By: Dickson
Vote: Unanimous.
7e. Public Hearing: Special Exception Use 09-SEU-04, Holly Glen
Recreation Site – Ms. L. Powell said the Town has received a request for an
expansion to the Holly Glen Recreation area that would include a kids’
interactive pool as well as a new pump house.
The pool would be approximately 5,576 square feet, and the new
surrounding deck area would be 6,227 square feet. The existing parking area would be expanded
for a total of 44 parking spaces. A
bicycle rack also would be added, to be located at the entrance to the existing
clubhouse.
With that explanation completed, Mayor Sears
opened the public hearing to accept sworn testimony. The following testimony was recorded under
oath administered by the Deputy Town Clerk:
Rachel Willis, 169
Peter Atwell,
Mr. Atwell explained that the original
recreational site was designed and constructed based on an original footprint
of the development of 250 homes. Now
that the neighborhoods of Holly Glen have grown to more than 900 homes, the
recreational area is inadequate and many residents want the Holly Glen HOA to
follow through with plans for an expansion of the recreational site.
During the planning process, Mr. Atwell, said
most resident concerns of which he was aware were addressed, and he was
surprised that the parking lot was posing a concern.
He addressed concerns about the parking lot,
its buffering, its lighting and the amount of parking.
He said the site plan accomplishes the
neighborhood’s existing and future need for a family-friendly recreational site
as well as having a positive impact on property values in the subdivision.
Randall Miller -- Mr. Miller
explained that in designing the site, designers tried to have a minimal impact
on the environment and the townhome section.
Ms. Willis – Ms. Willis addressed the Council again
and said the water from this area drains into her driveway. She noted that townhomes are two stories, and
the views out those second story windows are going to be parking lot. She asked the Council to not take action
until their concerns were addressed.
Councilman Dickson asked Mr. Miller to
comment on the water drainage. Mr.
Miller explained that the parking lot would provide curb and gutter that would
take most of the water currently running into the Summit Oaks properties and
diverting it away. He said the project
would actually improve drainage issues.
Others who had signed up to speak declined as
their concerns had been addressed.
There being no further evidence, the public
hearing was closed.
Councilman Womble asked if the HOA could
reconcile with the Summit Oaks Townhomes on the communications issue.
Action #1: The
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: Dickson
Second
By: Sack
Vote: Unanimous.
A copy of the Special Exception Use Petition 09-SEU-04 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 Petition #09-SEU-04 for
Holly Glen Recreation Pool Expansion as submitted by Thompson & Associates,
dated revised
- All previously approved conditions for
the Holly Glen Rec. Site will apply to this plan.
- This project will be required to meet
the Town of
Motion
By: Dickson
Second
By: Sack
Vote: Unanimous.
At this time, Councilman VanFossen
remained recused as he is the architect for the Mims House renovation that may
be impacted by Items 7b. and 7c.
7b.
Public Hearing: Ordinance 09-12 (09-UDO-03) Amendment – Ms. L. Powell said that a
proposed amendment
was developed in association with the Mims House renovations special exception
use request that appears later on this agenda.
She asked the Council to open and continue the public hearing to resume
on
With that explanation completed, Mayor Sears
opened the public hearing to accept input.
None was offered.
Action: The
Motion
By: DeBenedetto
Second
By: Sack
Vote: Unanimous.
7c. Public Hearing: Special Exception Use 09-SEU-03, Mims and
Wright House – Ms.
Powell said as stated in the previous report, the applicant has requested a UDO
amendment, Special Exception Use and also a Downtown Development Incentive.
She
said due to applicant delays, the DDI request was not able to move forward with
necessary legal advertisement requirements; therefore, staff is requesting that
this agenda item, 09-SEU-03, be tabled until the
With that explanation completed, Mayor Sears
opened the public hearing to accept sworn testimony. None was offered.
Action: The
Motion
By: Dickson
Second
By: Sack
Vote: Unanimous.
At this time, the Council approved a motion
to readmit Councilman VanFossen into the meeting.
Motion
By: Womble
Second
By: Sack
Vote: Unanimous.
7d.
Public Hearing: Ordinance 09-13
(09-UDO-04) Amendment - Mr. Jones
said a
proposed UDO amendment would help define senior housing, such as assisted
living, rest homes and nursing homes.
The UDO currently has these uses listed but fails to define the uses in
the definition section. These amendments
to the UDO would include adding definitions for the following terms: Assisted Living, Rest Homes, and Nursing
Homes, and removal of the term Convalescent Homes, because Nursing and
Convalescent homes are so similar in definition.
He said parking requirements for
these uses already are defined as one parking space per two beds for Nursing
and Rest Homes. These amendments would
also include adding Assisted Living Homes to the parking for residential uses
in the Off-Street Parking section to be defined as one space per two beds.
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: Womble
Vote: Unanimous.
Action
#2: The
Motion
By: Sack
Second
By: Womble
Vote: Unanimous.
A copy of Ordinance
09-13 (09-UDO-04) is incorporated into these minutes as addendum pages.
7f. Public Hearing: Special Exception Use Petition 09-SEU-05,
CEDA Soccer Academy – Ms. L. Powell said the Town has received
a request for a private CEDA Soccer Academy to consist of four soccer fields
located at 6112 Rex Road. The site would
consist of a paved parking lot located along the frontage of
She said with this project, the
applicant has requested waivers of UDO requirements as follows:
- road
improvements along
- water line
extension and sewer line extensions to site; the site plan as proposed does not meet
the Town requirements for water and sewer extensions to the site; however,
neither water or sewer are required for the project as proposed at this
time (i.e. no building).
Ms.
Goodson explained that staff had no issues with waiving the water and sewer
extension requirements but staff did recommend that the Council require the
widening or fee in lieu of widening for
With that explanation completed, Mayor Sears
opened the public hearing to accept sworn testimony. The following testimony was recorded under
oath administered by the Deputy Town Clerk:
Kathryn Shirley,
Randy Miller, Thompson and Associates – Mr. Miller said
the road condition is also a concern of the applicant, and the site plan
features a right-in drive. For the turn
lane, he said, the developer would have to conform to the requirements of N.C.
Dept. of Transportation.
On the issue of the applicant’s waiver
requests, he said the utility extension requests were obviously because of the
remote nature of the property and the lack of buildings.
On the issue of the applicant’s request for
not having to widen
There being no further testimony, the public
hearing was closed.
Action
#1: The
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:
- The proposed use will not be injurious to the
public health, safety, comfort, community moral standards, convenience or
general welfare;
- The proposed use will not injure or adversely
affect the adjacent area;
- The proposed use will be consistent with the
character of the district,
land uses authorized
therein, and the Town of
- 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).
- 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;
- 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;
- 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;
- Utilities,
schools, fire, police and other necessary public and private facilities
and services will be adequate to handle the needs of the proposed use;
- 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,
- 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: DeBenedetto
Second
By: Womble
Vote: Unanimous.
A copy of the Special Exception Use Petition 09-SEU-05 addressing the
findings of fact is incorporated into these minutes as addendum pages.
Action
#2: The
Waiver Findings of Fact:
A petition for a waiver
of regulations of UDO Section 7.07 B. 14. a. to allow
for the applicant not to construct the required road improvements along the
subject property frontage may only be granted upon the presentation of
sufficient evidence to enable a written determination that:
1. The granting of
the waiver will not be detrimental to public safety, health or welfare or
injurious to other property;
2. Conditions upon
the request for a waiver are unique to the property for which a waiver is
sought and are not applicable generally to other property;
3. Because of the
particular physical surroundings, shape or topographical conditions of the
specific property involved, a particular hardship to the owner would result, as
distinguished from a mere inconvenience, if the strict letter of these
regulations is not carried out;
4. The waiver will
not contravene the provisions of this UDO or the Comprehensive Plan;
5. Where the waiver
impacts on the design, construction or maintenance obligations of public
facilities, that the appropriate public agency has reviewed and approved the
proposed development in writing and the subdivider has submitted a copy of such
approval.
Motion
By: DeBenedetto
Second
By: Womble
Vote: Unanimous.
Action
#3: Despite having made the necessary
findings of fact, the Council approved a motion that will allow the applicant
to not widen the road but to pay a payment in lieu of widening for Special
Exception Use Petition #09-SEU-05 for
Motion
By: DeBenedetto
Second
By: Womble
Councilman Sack asked if the motion
could be amended to delay payment of the required fee-in-lieu until the second
phase of the project.
The motion was so amended by Councilman
DeBenedetto and seconded by Councilman Womble.
Vote: Unanimous.
Action
#4: The
Waiver Findings of Fact:
A petition for a waiver
of regulations of UDO Section 7.07 B. 14. a. to allow
for the applicant not to construct the required road improvements along the
subject property frontage may only be granted upon the presentation of
sufficient evidence to enable a written determination that:
1. The granting of
the waiver will not be detrimental to public safety, health or welfare or
injurious to other property;
2. Conditions upon
the request for a waiver are unique to the property for which a waiver is
sought and are not applicable generally to other property;
3. Because of the
particular physical surroundings, shape or topographical conditions of the
specific property involved, a particular hardship to the owner would result, as
distinguished from a mere inconvenience, if the strict letter of these
regulations is not carried out;
4. The waiver will
not contravene the provisions of this UDO or the Comprehensive Plan;
5. Where the waiver
impacts on the design, construction or maintenance obligations of public facilities,
that the appropriate public agency has reviewed and approved the proposed
development in writing and the subdivider has submitted a copy of such
approval.
Motion
By: DeBenedetto
Second
By: Womble
Vote: Unanimous.
Action
#5: Having made the necessary findings of
fact, the
Motion
By: DeBenedetto
Second
By: Womble
Vote: Unanimous.
Action
#6: The
Waiver
Findings of Fact:
A petition for a waiver
of regulations of UDO Section 7.07 B. 14. a. to allow
for the applicant not to construct the required road improvements along the
subject property frontage may only be granted upon the presentation of
sufficient evidence to enable a written determination that:
1. The granting of
the waiver will not be detrimental to public safety, health or welfare or
injurious to other property;
2. Conditions upon
the request for a waiver are unique to the property for which a waiver is
sought and are not applicable generally to other property;
3. Because of the
particular physical surroundings, shape or topographical conditions of the
specific property involved, a particular hardship to the owner would result, as
distinguished from a mere inconvenience, if the strict letter of these
regulations is not carried out;
4. The waiver will
not contravene the provisions of this UDO or the Comprehensive Plan;
5. Where the waiver
impacts on the design, construction or maintenance obligations of public
facilities, that the appropriate public agency has reviewed and approved the
proposed development in writing and the subdivider has submitted a copy of such
approval.
Motion
By: DeBenedetto
Second
By: Womble
Vote: Unanimous.
Action
#7: Having made the necessary findings of
fact, the
Motion
By: DeBenedetto
Second
By: Womble
Vote: Unanimous.
Action
#8: Having made the necessary findings of
fact, the
1.
This
entire site will be subject to the NPDES Ph. II Post Construction Ordinance at
the time of any additional development to this project.
2.
A
fee-in-lieu of construction of road improvements for
3.
Prior
to 1st construction drawing submittal the following items must be
addressed or provided on the plans:
a.
Offsite
right-of-way must be dedicated for this project if needed. Right-of-way dedication will be required
prior to 1st construction drawing submittal. (This
condition of plan approval will not be needed if the wavier of road
improvements is approved by Town Council.)
4.
The
following items will need to be addressed on revised plans to be submitted to
the Department of Planning & Zoning within 5 days of Town Council action:
a.
Show
required sewer service for this site (This
condition of plan approval will not be needed if the waiver of this requirement
is approved by Town Council.)
b.
Show
required water service for this site.
(This condition of plan approval will not be needed if the waiver of this
requirement is approved by Town Council.)
Motion
By: DeBeneetto
Second
By: Womble
Vote: Unanimous.
7g. Public Hearing: Special Exception Use 09-SEU-07, Young
Achievers Academy - Ms.
Powell said the
Town has received a request for a Special Exception Use for Young Achievers
Academy, a child care center that would be located at 1605 Avent Ferry Road (the
subject property of Annexation 09-01 earlier in the agenda.)
She said the building is proposed to
be approximately 13,728 square feet.
This would be a primary use as allowed by the Local Business district;
however, if a single use wants to have a maximum square footage of 16,000
square feet, it is a special exception use.
The developer would like to have the opportunity to expand in the future
and is moving forward as a special exception use with such in mind.
The proposed building would be
oriented towards the eastern property line.
There are 39 parking spaces proposed, and pedestrian connections are
planned to the proposed sidewalk along
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: 20%
Left
Side Elevation: 23%
Right Side Elevation:
23%
Ms. Powell said the applicant has
provided brick faux windows as well as brick window awnings along the front,
side and rear elevations as an alternate means of architectural compliance
request. Because of these efforts, staff
concurs with the petitioner’s request.
With that explanation completed, Mayor Sears
opened the public hearing to accept sworn testimony. The following testimony was recorded under
oath administered by the Deputy Town Clerk:
None.
There being no testimony, the public hearing
was closed.
Action
#1: The
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:
- The proposed use will not be injurious to the
public health, safety, comfort, community moral standards, convenience or
general welfare;
- The proposed use will not injure or adversely
affect the adjacent area;
- The proposed use will be consistent with the
character of the district,
land uses authorized
therein, and the Town of
- 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).
- 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;
- 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;
- 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;
- Utilities,
schools, fire, police and other necessary public and private facilities
and services will be adequate to handle the needs of the proposed use;
- 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,
- 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: Womble
Second
By: VanFossen
Vote: Unanimous.
A copy of the Special Exception Use Petition 09-SEU-07 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 alternate
compliance with the regulations of UDO Section 3.08, A, 1. c (2)(c)(ii)
Architectural and Site Design to allow for reduction in the glass
requirement along of the primary facades of the child care center in
association with project #09-SEU-07 for Young Achievers Academy and to allow for
faux brick windows and awnings instead of glass as submitted by Pabst &
Hilburn, PA project number 118-08, dated
Alternate
Compliance Findings of Fact:
A petition for a waiver
of regulations of UDO Section 3.08, A, 1. c (2)(c)(ii) Architecture and
Site Design to
allow for reduction in the glass requirement along of the primary facades of
the child care center may only be granted upon the presentation of sufficient
evidence to enable a written determination that:
- 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: Womble
Second
By: VanFossen
Vote: Unanimous.
Action
#3: Having made the necessary findings of
fact, the Council approved a motion to permit the alternate compliance with the
regulations of UDO Section 3.08, A, 1. c (2)(c)(ii) Architectural and Site Design Requirements to
allow for faux brick windows and awnings instead of glass as submitted by Pabst
& Hilburn, PA project number 118-08, dated
Motion
By: Womble
Second
By: VanFossen
Vote: Unanimous.
Action
#4: Having made the necessary findings of
fact, the Council approved a motion to grant Special Exception Use Petition #
09-SEU-07 for Young Achiever’s Academy as submitted by
1.
A
fee-in-lieu of upgrade will be required for this project for the Pump Station
and associated Force Main.
2.
The
following items are to be provided with the 1st construction drawing
submittal:
a.
Provide
documentation in the form of a recorded plat of any required offsite sewer
easements.
b.
Provide
a sampling chamber on the grease trap.
c.
Pavement
section must meet NCDOT standards for
d.
Due
to the proximity of this project to the
3.
The
following items are required prior to approval of construction drawings (or
issuance of a land disturbance permit)
a.
Approval
of Stormwater Management Plan is required.
b.
Payment
of the Stormwater Fee-in-Lieu will be required.
c.
Provide
a plat recording onsite cross access easement from the entrance to the site to
the property line at the street stub location.
4.
This
project will be required to meet the Town of
5.
Stormwater
Performance and Maintenance Sureties in the form of a stormwater bond, escrow
account or other approved form of surety are required for this project. The
performance surety must be in place for this project prior to Stormwater
Management Plan Approval.
6.
A
Traffic Impact Analysis was required for this project. Review was completed after the review of this
plan. Please refer to the TIA for
additional information about roadway improvements and requirements.
7.
A
fee-in-lieu of construction of the thoroughfare median on
Motion
By: Womble
Second
By: VanFossen
Vote: Unanimous.
At this time, the
Council recessed for five minutes.
7h. Public Hearing: Special Exception Use 09-SEU-08, 104 Hidden
Cellars Drive – Mr. Zawadski said the Town has received a Special Exception Use
request to locate a family child care home at 104 Hidden Cellars Drive within
the Somerset Farms subdivision. The
applicant is proposing to care for no more than eight children. The UDO permits a maximum of 20% of the square
footage of a residence to be used for a home occupation. The applicant is proposing to use 168 square
feet of the 1,997 square foot structure and would be in compliance with the UDO
requirements.
With that explanation completed,
Mayor Sears opened the public hearing to accept sworn testimony. The following testimony was recorded under
oath administered by the Deputy Town Clerk:
Ms. Sherri Morris, 101 Hidden
Scott Bidwell, 101 Hidden
E.J. Hanks, 116 Hidden
Russell Lichentstin, 109 Hidden
Ms. Valerie Thayer, the applicant – Ms. Thayer
addressed neighbors concerns. She said
there would never be any more than six children, plus her own, in her
home. She said safety is paramount to her,
too. While others testified that they
were concerned about the additional cars approaching her home and how that
traffic posed a danger to their children, she asked why are
the parents allowing children to play in street when there is a safe
play area / meeting area at a nearby playground.
Ms. Thayer said she had worked to improved a property that had been run down; she said there
would be no signage to make the property look non-residential; she said there
would be no toys left out in the yard and that no one would even know there was
a child care business at the property.
Ms. Thayer added that the traffic concerns
were above what would actually be the case.
She said there may not be an additional six cars on the street because
cars may bring siblings to a maximum of six children. She said people are describing a scenario of
all cars arriving and leaving her home at one time, which would not likely be
the case.
Randall Thayer, 104 Hidden
There being no further evidence, the public
hearing was closed.
Councilman Sack said family child care homes
are a common request, and the concerns raised by residents are common; however,
he said all the approved family child care homes have resulted in no
complaints.
Councilman DeBenedetto asked for
clarification on what the Somerset Farms Homeowners Association position.
Ed Burt,
Mr. Burt said the subdivision covenants state
that no property owner could pursue “obnoxious or offensive business activities”
on their property, but there is nothing in the covenants prohibiting all home
businesses.
Secondly, the covenants state that an owner
can do “nothing to annoy the neighbors,” but Mr. Burt admitted that was pretty
subjective issue. He said the Council
could make its determination and then the HOA board would have to take it up.
Action
#1: The
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:
- The proposed use will not be injurious to the
public health, safety, comfort, community moral standards, convenience or
general welfare;
- The proposed use will not injure or adversely
affect the adjacent area;
- The proposed use will be consistent with the
character of the district,
land uses authorized
therein, and the Town of
- 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).
- 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;
- 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;
- 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;
- Utilities,
schools, fire, police and other necessary public and private facilities
and services will be adequate to handle the needs of the proposed use;
- 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,
- 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-08 addressing the
findings of fact is incorporated into these minutes as addendum pages.
Action
#2: Having made the necessary findings of
fact, the Council approved a motion to grant Special
Exception Use #09-SEU-08 to allow for a family child care home at the property
located at 104 Hidden Cellars Dr., Wake County
1.
All additional state and local permits and
approvals will be required prior to the business opening.
Motion
By: Sack
Second
By: Womble
Vote: Unanimous.
7i. Public Hearing: Comprehensive Plan Amendment 09-CPA-01 – Mr. Zawadski
explained that the Village District Streetscape master plan identifies
sidewalks, landscaping, pedestrian elements, and public art as core streetscape
elements and provides recommendations for incorporating these improvements
along the major streets in the Village District Area. The plan also includes standards and
guidelines for these improvements to ensure consistency throughout the Village
District Area and a phasing plan to help to prioritize where and when improvements
should be made. The purpose of the
document is to provide a guide for future public and private streetscape
improvements in the downtown area and to improve the character and overall
livability of the community.
After a presentation by
consultants Withers and Ravenel, Councilman Sack said he had a concern about
12-foot wide sidewalks along
The consultant said it was better
to label the plan “a maximum of 12 feet” because it would provide for flexible
width all within the right of way.
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: VanFossen
Second
By: Womble
Vote: Unanimous.
A copy of Resolution 09-21is
incorporated into these minutes as an addendum page.
8. Consent Agenda: The Council approved all remaining items on
the Consent Agenda following a motion by Councilman Sack,
a second by
8a. Resolution 09-22 - The Council adopted Resolution
09-22 declaring certain personal property to be surplus to the needs of the
Town and authorizing the disposal of said property. A copy of Resolution 09-22 is incorporated into these minutes as an
addendum page.
8b. Resolution 09-23 – The Council adopted Resolution 09-23 to adopt a new Municipal Records Retention
and Disposition Schedule. A copy
of Resolution 09-23 is incorporated into these minutes as addendum pages.
8c. FY 2008-09 Community Agency Grants
– This item was removed during agenda adjustment.
8d.
8e. Budget Amendment – The Council
adopted an amendment to the FY 2008-09 budget in the amount of $180,275 and $236,900
to move the 911 PSAP fund into the General Fund as a separate department under
Public Safety. Copies of the budget amendments are incorporated
into these minutes as addendum pages.
8f. Budget Amendment
– The Council adopted an amendment to the FY 2008-09 budget in the amount of $285,700
to move Forest Springs developer agreement funds from the Utility Fund to a
capital project fund. A copy of the budget amendment is
incorporated into these minutes as an addendum page.
8g. Budget Amendment
– The Council adopted an amendment to the FY 2008-09 budget in the amount of $5,550
to assign funds from Street Reserves to the Main Street Enhancement project. A copy
of the budget amendment is incorporated into these minutes as an addendum page.
8h. Budget Amendment
– The Council adopted an amendment to the FY 2008-09 budget in the amount of $1,225
to allocate funds for supplies to prepare for surplus vehicles to be sold. A copy
of the budget amendment is incorporated into these minutes as an addendum page.
8c. FY 2008-09 Community Agency Grants – Councilman Dickson said he felt the purpose of the community agency
grants was to provide funding for groups that provide a local benefit.
He noted that most of the applicants
had local projects planned; but he has an issue with the application of the
He said he also had a question about
the Rotary Club’s project, which was to provide food kits for foreign lands and
not in
He said he would prefer to give the
Rotary Club funds to the Fuquay-Varina Food Pantry.
Councilman DeBenedetto said the Council
should maybe look at public support of civic groups in a broader sense.
Mr. Dean pointed out that policy and
state law define a public purpose.
Action: The Council approved a motion to grant all
community agency grant requests, except for the application from
Motion By: Sack
Second By: DeBenedetto
Vote: Unanimous.
9. Other Business: none
10. Manager’s Report: none.
11. Closed Session: The Council approved a motion to enter into
Closed Session, pursuant to NCGS 143-318.11(a)(4) for
the purpose of discussing a matter of matters relating to the location or
expansion industries or other businesses in the area served by Holly Springs.
Motion
By: Sack
Second
By: Womble
Vote: Unanimous.
General Account –
Closed Session June 16, 2009
In Closed Session, the Town Manager
reported to Council about a potential industry that has expressed interest in
locating in Holly Springs. He noted that
the site that is being examined by the company will need water and sewer
services extended to it.
In Closed Session, there was no
other vote of the Council other than a motion to return to Open Session, which
carried unanimously.
12.
Adjournment: There being no
further business for the evening, the
Respectfully
Submitted on Tuesday, Dec. 15, 2009.
_________________________________
Joni
Powell,
Addendum pages as
referenced in these minutes follow and are a part of the official record.