Board of Commissioners

TOWN OF FUQUAY-VARINA BOARD OF COMMISSIONERS REGULAR MEETING JUNE 5, 2017 CALL TO ORDER Mayor John W. Byrne called the regular meeting of the Fuquay-Varina Board of Commissioners to order on June 5, 2017 at 7:00 p.m. Commissioners Present: Blake Massengill (Mayor Pro-Tem) Charlie Adcock Bill Harris Jason Wunsch Marilyn Gardner Commissioners Absent: None Others Present: Town Manager Adam Mitchell Assistant Town Manager Mark Matthews Town Clerk Rose Rich Attorney James Adcock (in the absence of Town Attorney Mark Cumalander) ****************************** INVOCATION AND PLEDGE OF ALLEGIANCE Commissioner Wunsch provided the invocation and Commissioner Harris led the Pledge of Allegiance. ****************************** APPROVAL OF THE MINUTES The May 16, 2017, minutes of the regularly scheduled Town Board of Commissioners meeting, were presented for approval. MOTION: Commissioner Wunsch SECOND: Mayor Pro-Tem Massengill MOTION RESULT: Passed Unanimously (5-0) ****************************** PRESENTATIONS There were no presentations scheduled for June 5, 2017 meeting. ****************************** PUBLIC COMMENT No one chose to address the Town Board during the public comments period. ****************************** ITEMS TABLED FROM PREVIOUS MEETING: Agenda Item No. 6.A: 2035 Community Vision Land Use Plan Purpose – To continue the public hearing and consider approval of the 2035 Community Vision Land Use Plan. Staff Comments – Town Manager Mitchell advised that the 2035 Community Vision Land Use Plan provides documentation, guidelines, recommendations and tools for the Town to manage growth and development in a responsible and progressive manner as well as the following comments. The 2005 Land Use Plan, which we are currently functioning under, is out of date and a new plan is necessary to address current and future development trends as well as to manage the physical and fiscal components that form such a plan. Staff worked with CityExplained, Inc., the Town's Land Use Plan consultant, to develop the plan with extensive input from the Land Use Plan steering committee and general public. These resources provided to be a great advantage to the Town, as the plan reflects local knowledge, familiarity with development trends, and the consultant's overall familiarity with the region. The 2035 Community Vision Land Use Plan addresses and proposes realistic recommendations that make the plan dynamic, strategic and comprehensive while serving the public interest, sustaining economic growth and providing compatibility between the built and natural environments. The plan builds on efforts with the Town's Land Development Ordinance (LDO) to take advantage of opportunities to encourage desirable locations for mixed-use and form-based developments where the infrastructure can support such developments. Building on a growing diversity of residential and nonresidential uses, the plan supports future transit and multi-model transportation opportunities, and more importantly steers development (by general type) toward thoroughfares suited to handle their needs. Overall, the 2035 Community Vision Land Use Plan serves as the blueprint to strive toward and ultimately to obtain a goal of a mix of land uses. Town Manager Mitchell then provided the following remarks about the public outreach process. The Town embraced a public outreach effort that utilized a number of avenues to reach the community. The Planning Department provided interactive outreach at two (2) of the Town's Follow Me 2 Fuquay-Varina (FM2FV) Concerts in Fall 2016 during the information gathering phase of plan development. This provided staff with the opportunity to reach members of the public who may not otherwise have attended a public meeting specifically for the Land Use Plan. A public workshop was held at Town Hall during the early stages of the plan. A week-long charrette was held at the Public Service Center in the Fall of 2016. This effort was extremely successful and allowed staff to engage with a large and studied consultant team, as well as a variety of specialized professionals, special interest groups, and members of the community. A second public workshop was held at Town Hall in the Spring of 2017 to present more finalized results of the planning efforts. Throughout the course of development of the land use plan, a LUP Project Steering Committee was formed and met regularly. The committee was made up of developers, development professionals, and interested members of the community. The Town also provided information about the plan throughout the process with handouts at Town Hall, on the Town website, social media, and in the Focus on Fuquay-Varina newsletter. The recommended 2035 Community Vision Land Use Plan is the result of extensive public input as well as thoughtful contributions and vetting by the Land Use Plan Steering Committee, which represented committed volunteers offering their time, varying perspectives, and expertise. Town Manager Mitchell then advised that on April 17, 2017, the Planning Board recommended to table making a recommendation on the 2035 Community Vision Land Use Plan until their May 15, 2017 meeting. The public hearing advertisement for the Town Board had been advertised at the time the Planning Board tabled consideration, thus management and staff recommended opening and continuing the Town Board public hearing. Management and staff took the opportunity, created by the Planning Board tabling their consideration of the plan, to do one last cursory review of recommended land use designations. In doing so, seven (7) areas were recommended for minor modifications to alleviate minor unreasonable place types (classifications) of property adjacent to others. Town Manager Mitchell referenced the Growth Framework Map, FLUC Map - Parcels to Change, and 2035 LUP Parcel Place Type Change Description attachments for more details. He then advised that at the May 15, 2017 meeting, the Planning Board unanimously recommended approval with changes recommended by staff. Additionally, Town Manager Mitchell stated that this plan represents many hours and evenings spent by both the consultant team and Town staff. The Land Use Plan advances many of the Town's goals, and will promote predictability and sustainability of public and private investment in our community. Given the rapid pace of development in Fuquay- Varina, adoption of the new Land Use Plan is timely and needed. As such, management and staff recommend approval. Town Manager Mitchell then introduced Matt Noonkester with City Explained, Inc. who presented a detailed overview of the proposed plan. He stated that the plan will be the official adopted statement for future growth and development in the Town. Recommendations from the document will be used to set public policy, and provide a more predictable environment for public investment, private development, and returns on investment. Public Hearing – Mayor Byrne declared the continuation of the public hearing, and he asked if anyone wished to speak in favor of the proposed 2035 Community Vision Land Use Plan. No one chose to speak in favor of the plan. Mayor Byrne asked if anyone wished to speak in opposition to the proposed plan. Ms. Alicia Rabil, 836 Lone Pine Loop, stated that she was not opposed to the entire plan, but is opposed to a part of the plan as it relates to vacant property adjacent to the Parker Pointe Subdivision being zoned Commercial. She stated that she, along with her neighbors would prefer that the land in that area be zoned Residential instead. Mr. Kenneth Haywood, attorney, spoke in opposition to the proposed 2035 Community Land Use Plan on behalf of residents in the Highgrove and Autumn Trace Subdivisions, as it relates to the property north of Autumn Trace, that is currently in the County’s R-30 zoning. He contends that the proposed plan to rezone, the Falco property (of which a zoning map amendment is currently before the Planning Board); and the 97-acre tract of land known as the Sugg Property, to Small Lot Residential zoning is not appropriate for this area on Hilltop-Needmore Road. He raised concerns regarding the placement of a high density development in close proximity to a major thoroughfare, and the connectivity of these properties to Hilltop-Needmore Road. He then asked that the Town Board consider modifying the proposed plan with respect to these two properties. Following Mr. Haywood’s remarks, there were no further speakers in opposition to the 2035 Community Vision Land Use Plan. Mayor Byrne then declared the public hearing closed. Staff Discussion – Town Manager Mitchell stated that NCDOT will be making significant improvements to the intersection of Hilltop-Needmore Road, and as development occurs along this corridor developers will be required to make road improvements. Any gaps will be filled in at a later time by NCDOT since it is a state owned and maintained roadway. There are plans in the Town’s Community Transportation Plan to make a connection from Hilltop-Needmore extension to NC Hwy 55, so likely when that occurs NCDOT will consider plans for improvements to the entire leg of Hilltop-Needmore as a 4-lane divided median road. He stated that as for water and sewer infrastructure to the Sugg and Falco property, the Town has sewer within 2,500 feet of both properties. He stated that the Town also has a pump station at the Sunset Glen property that was designed to serve capacity at the Sunset Glen and Sonoma Springs subdivision as well as other tracts, including the Falco and Sugg property along Hilltop-Needmore Road. He then submitted a matrix (an internal document used by staff) of Place Type Categories and explained how place type designations correlate with zoning designations. He stated that there are various options for zoning under the small-lot residential place type category, of which the Town Board would make a decision at the time or rezoning. Mayor Pro-Tem Massengill asked the Town Manager about the connectivity issue that was raised by Mr. Haywood. Town Manager Mitchell stated that connectivity of the properties would either be discussed as part of a conditional zoning application or at the time of site plan approval. He further advised that cross connections are a requirement under the Land Development Ordinance and management and staff would likely not recommend or advocate for exempting a residential to residential development from cross connectivity. Commissioner Wunsch asked a series of questions as it relates to the applied zoning for the adjacent property to Parker Pointe Subdivision as follows: 1.) What was the rational for the Small Scale Commercial place-type designation, 2.) Would storage be allowed in a zoning compatible with the Small Scale Commercial land use place-type, and 3.) Could the 15 acres be used for residential? Town Manager Mitchell stated the rational was based on discussion with several developers regarding the property. He stated small scale commercial use would not coincide with a mini-storage or a warehouse project. He stated that because of the environmental features and the fact that the railroad traverses this property, it limits the amount of land that can actually be built upon and developed, thus limiting the highest and best use of the land for residential development. Commissioner Adcock stated that the overall plan is good, and he does not want to start pulling out individual pieces, but prefer to address them during rezoning requests. He stated however; that the concerns raised were valid and he would consider the information during the time of rezoning. He stated that as opposed to the 2005 Land Use Plan, the 2035 Community Land Use Plan will continue to be updated as conditions change. Commissioner Harris stated that he considers the document a guiding document for the Town that is subject to change. He stated that the document addresses predictability and sustainability. Commissioner Gardner stated that she appreciates the issues raised during the public hearing, and would consider the information at the time of rezoning. Town Manager Mitchell referred to the disclaimer on the plan, which states that it is subject to change. He stated that this particular plan is scheduled to be considered every three to four years. Board Member Discussion – Mayor Byrne stated that Judd Parkway is like a by-pass around Fuquay-Varina, and where you have those types of streets, you will have some commercial zonings. He also offered that if anyone living outside the Town limits but close to a newly installed fire hydrant (within 1,000 feet) can take advantage of lower homeowner insurance rates. Recommendation – Approve the 2035 Community Vision Land Use Plan, as presented and recommended by management, staff and the Planning Board, with the correction of re- designating three parcels along Sunset Lake Road (correcting the Sunset Glen transposition error) as presented by the Town Manager. MOTION: Mayor Pro-Tem Massengill SECOND: Commissioner Adcock MOTION RESULTS: Passed Unanimously (5-0) Agenda Item No. 6.B: Voluntary Annexation Petition - The C&P Falco Family Limited Partnership - 5324 Hilltop Needmore Road - PIN 0687056672 - ANX-2017-02 Purpose – To consider an annexation ordinance extending the corporate limits of the Town of Fuquay-Varina following receipt of a petition for voluntary annexation of property owned by The C&P Falco Family Limited Partnership, located at 5324 Hilltop Needmore Road (PIN 0678056672) containing approximately 79.023 acres. Staff Comments – Town Manager Mitchell advised that the property contains approximately 79.023 acres and it has road access at 5324 Hilltop-Needmore Road. The property is non-contiguous to the Town's corporate limits where water and sewer is available to the property. At the March 21, 2017 meeting, the Town Board instructed the Town Clerk to investigate the sufficiency of the applicant's petition for voluntary annexation and the Town Clerk certified at that time that the petition was sufficient and meets the requirements prescribed by the North Carolina General Statutes. At the April 3, 2017 Public Hearing, the Town Board motioned to continue the public hearing and table consideration until the April 18th meeting. At the April 18 th meeting, the Town Board continued the public hearing and tabled consideration of the annexation to the June 5, 2017 meeting as requested by the petitioner. The Planning Board tabled action on the zoning of this property at the meeting on May 15, 2017 until the June 19, 2017 Planning Board meeting to allow the petitioner and surrounding property owners more opportunity for dialogue. As such, management and staff are recommending to continue the public hearing and consideration of the voluntary annexation petition until the July 10, 2017 Town Board meeting. The present total value of the property is $2,059,820. Board Member Discussion – Mayor Byrne asked if Town staff would be required to re- advertise this annexation petition. Attorney James Adcock stated that re-advertisement is not mandatory due to the continued public hearing date being announced during the public meeting. Recommendation - Continue the public hearing and to consider action on the annexation ordinance to extend the corporate limits of the Town of Fuquay-Varina to include property owned by The C&P Falco Family Limited Partnership (ANX-2017-02), at the July 10, 2017 meeting as recommended. MOTION: Commissioner Wunsch SECOND: Commissioner Gardner MOTION RESULTS: Passed Unanimously (5-0) ****************************** PUBLIC HEARINGS Agenda Item No. 7.A: FY 2017-2018 Operating Budget and Five-Year Operating and Capital Plan Purpose – To consider adoption of the proposed FY 2017-2018 operating budget (budget ordinance) and Five-Year Operating and Capital Plan for the Town of Fuquay-Varina. Staff Comments – Town Manager Mitchell advised that on May 3, 2017 and May 9, 2017, the Governing Board heard a presentation from the Town Manager regarding the proposed FY 2017-2018 operating budget for the Town. At those meetings, the Town Manager presented a balanced budget and five-year operating and capital plan and led discussion about the impacts of growth on human resource needs, facilities, and the prioritization of infrastructure projects. At the May 16, 2017 Town Board meeting, the Town Manager provided an in-depth presentation of the proposed FY 2017-2018 operating budget, in addition to presentations regarding the Town’s Five Year Operating and Capital Plan. It was reported to the Governing Board at that meeting that a public hearing would be scheduled for the June 5, 2017 Town Board meeting as it relates to the proposed FY 2017-2018 Operating Budget. The Town Manager then presented for consideration, along with the agenda abstract, the FY 2017-2018 Proposed operating Budget, which included the Budget Message, the Budget Ordinance, the Fee Schedule, the line item budget by department and fund, and the Proposed FY 2017-2018 Budget Presentation as reviewed at the May 16, 2017 Town Board meeting. Additionally, Town Manager Mitchell provided the Five Year Operating and Capital Plan that was also reviewed at the May 16, 2017 Town Board Meeting. Town Manager Mitchell reported that the proposed FY 2017-2018 Operating Budget totals $41.8-million. The budget proposes no increase in the property tax rate, which is recommended to remain at 43.25-cents for every $100 in value. The proposed budget does include increases in water and sewer base rates and volumetric rates consistent with the Town’s 2016 rate plan and to allow the servicing of debt associated with the expansion of the Terrible Creek Wastewater Treatment Plant. Additionally, the proposed budget recommends changes to various charges and fees. Town Manager Mitchell further stated that the Five Year Operating and Capital Plan is balanced without the need for a tax increase for the first two years, including the FY 18 budget. The plan includes the addition of personnel, capital equipment and capital projects to match the pace of growth and is consistent with the direction set by the Town Board at the Strategic Planning Retreat. The Five Year Plan also takes into consideration the recommendation from various Town master plans and studies. Town Manager Mitchell advised that year three in the plan does reflect the need for a possible three-cent tax rate increase to offset the expense related to the construction, personnel, and outfitting of a fourth fire station. Additionally, the Five Year Plan reflects the need for water and sewer base rate and volumetric rate increase in years two through four to offset the debt service and capital expenses associated with the Terrible Creek Wastewater Treatment Plant and various Preferred Growth Area infrastructure projects. Public Hearing – Mayor Byrne opened the public hearing and he asked if anyone wished to speak in favor of, or in opposition to the proposed 2017-2018 Operating Budget and Five-Year Capital Plan. No one chose to speak in favor of, or in opposition to the proposed budget and plan. Mayor Byrne declared the public hearing closed. Board Member Discussion – Commissioner Wunch commended Town staff for a job well done. Mayor Byrne stated that it’s been a lot of work by staff and the Town Board and he commended everyone for a great job. Recommendation - Adopt the FY 2017-2018 Operating Budget, to include the Budget Ordinance, Fee Schedule, and Five-Year Operating and Capital Plan as presented and recommended. MOTION: Mayor Pro-Tem Massengill SECOND: Commissioner Wunsch MOTION RESULTS: Passed Unanimously (5-0) Ordinance No. N-17-24 Agenda Item No. 7.B: Zoning Map Amendment - Withers Ravenel - 508 Schnapps Lane - PIN 0658507668 - REZ-2017-08 Purpose – To consider a requested zoning map amendment for a total of 85.801 acres, located at 508 Schnapps Lane from the General Commercial (GC) Zoning District to the Planned Unit Development (PUD) Zoning District. The subject property is also known as Wake County PIN 0658507668. Staff Comments – Town Manager Mitchell advised that the subject property is currently within the General Commercial (GC) Zoning District and is currently vacant. He then presented the following additional information: ZONING: The zoning map amendment petition requests approval of the Planned Unit Development (PUD) Zoning District. This district provides for a variety of development types and a residential density not to exceed 6 dwelling units per acre. A PUD Zoning District requires a master plan with the zoning map amendment. The master plan includes an overall, flexible design considering integration of uses, connectivity, character, transportation options and preservation of natural features. To comply with zoning map amendment petition requirements, the master plan, both document and related maps, must provide permitted uses, arrangement of uses, open space, thoroughfare network, utilities, pedestrian network, architectural design and standards, building layout and landscaping. SURROUNDING USE: The subject property is surrounded by a variety of uses. To the north is the Town's Alston Ridge Park and a private amenity site for the Alston Ridge Subdivision. The property is also adjacent along its northern boundary to the future extension of Hilltop Needmore Road. To the east of the subject property is Montague Development Park, often referred to as Technology Park due to the street name, which includes an array of light industrial and service uses. South of the subject property are commercial uses accessed via Dickens Road and North Grasslands Drive, including a gas station, daycare, a small retail center and veterinarian office. West of the subject property is a landscaping company, residential homes and undeveloped land. LAND USE PLAN: The 2005 Land Use Plan calls for a Commercial (COM) Classification on the subject property. The same classification is reflected for surrounding properties to the north, south and west in the LUP. Adjacent properties to the east reflect an Industrial & Employment (I&E) Classification. The requested zoning district is partially compatible with the land use classification as mixed-use buildings are proposed along the property boundary with N Broad Street (NC Hwy 55). For informational purposes, the 2035 Community Vision Land Use Plan, in draft form, calls for a Mixed-Use Neighborhood (MUN) place type at the subject property. This classification provides for a general mix of housing types and uses, with the total acreage within the place type classification split of 75% residential and 25% nonresidential use. In this case, the place type classification includes adjacent properties to the west, along N Broad Street. The requested zoning district is also partially compatible with the place type classification of the draft plan. UTILITIES: Public water and sewer will be made available by the developer with future development of the subject property. TRANSPORTATION: The subject property has access onto N Broad Street (NC Hwy 55), classified as a 100-foot right-of-way by the 2006 Community Transportation Plan (CTP). This is a 4 lane, median divided thoroughfare. However, the 2006 CTP does not require right-of- way dedication or improvements on this section of Broad Street. It is currently a 4 lane, median divided, limited access thoroughfare in a 150-foot right-of-way. The 2015 NCDOT traffic counts indicate a volume of 26,000 ADT at the subject property, which also has access to stub-out street connections: Westec Way to the east and North Grasslands Drive to the south. NEIGHBORHOOD MEETING INFORMATION: The petitioner held a neighborhood meeting on March 30, 2017 at Triple Barrel Tavern, located at 2221 N Grassland Drive. The petitioner is available to provide additional information related to the neighborhood meeting. RECOMMENDATION: Management and staff recommend approval of the proposed zoning map amendment as it is partially consistent with the land use plan and reasonable and in the best interest of the public for the following reasons: 1. The proposed district, Planned Unit Development (PUD), provides for variations in use and density, including nonresidential uses. The requested zoning map amendment includes provisions for mixed-use buildings along the North Broad Street frontage. This is partially consistent with the 2005 Land Use Plan classification of Commercial at the subject property. 2. The proposed master plan submitted is compliant with and fulfills the intent of the Town's Land Development Ordinance (LDO) and demonstrates all required elements.  3. The zoning map amendment and master plan proposed provides for a transition to the variety of adjacent uses and for interconnectivity. This is in the best interest of the surrounding community and of the general public. 4. The zoning map amendment is also partially consistent with the recommended draft Land Use Plan. For the reasons identified, management and staff recommend approval. At the May 15, 2017 meeting the Planning Board unanimously recommended approval. Public Hearing – Mayor Byrne opened the public hearing, and he asked if anyone wished to speak in favor of the zoning map amendment. Mr. Don Mizelle representing Withers and Ravenel spoke in favor of the zoning map amendment on behalf of the property owner. Mayor Byrne asked if anyone wished to speak in opposition to the zoning map amendment. No one chose to speak in opposition to the proposed amendment. Mayor Byrne declared the public hearing closed. Board Member Discussion – Mayor Pro-Tem Massengill stated that the subject property is adjacent to the Hilltop-Needmore Road extension, and he asked if the developers are required to dedicate right-of-way or make a payment-in-lieu for improvements to a bridge on the road. Planning Director Samantha Smith stated that the property in question does not touch the portion of road improvement needed for the bridge on the Hilltop- Needmore Road extension. Assistant Town Manager Matthews stated that the infrastructure extension was worked out previously where Aston Ridge will get an entire 4- lane extension constructed instead of two lanes. Staff Discussion – Town Manager Mitchell asked the Planning Director to step forward to present a proposed change to the master plan for this project. Planning Director Smith referred to the proposed change in Section 3 of the written master plan relative to open space and greenway trail dedication to read: “The proposed greenway trails and open space area consisting of the stream, stream buffer and land to the north of Basal Creek are proposed to be dedicated to the Town depending upon Town Board review and acceptance. All proposed greenway dedication and construction will be made to Town standards as outlined in the Town’s Standards, Specifications and Construction details.” Recommendation - Approve REZ-2017-08, a requested zoning map amendment for a total of 85.801 acres, located at 504 Schnapps Lane from the General Commercial (GC) Zoning District to the Planned Unit Development (PUD) Zoning District, with the correction as read by the Planning Director. The proposed zoning map amendment is partially consistent with the Land Use Plan and is reasonable and in the best interest of the public for the reasons identified by management and staff. MOTION: Mayor Pro-Tem Massengill SECOND: Commissioner Gardner MOTION RESULTS: Passed Unanimously (5-0) Agenda Item No. 7.C: Zoning Map Amendment - Mauldin Watkins - 0 and 202 Wagstaff Road - PIN 0656728150 and 0656714997 - REZ-2017- 10 Purpose – To consider a requested zoning map amendment for a total of 15.29 acres, located at 202 and 0 Wagstaff Road, from the Residential Agricultural (RA) Zoning District to the Residential Medium Density Conditional Zoning District (RMD-CZD). The subject properties are more particularly known as Wake County PINs 0656728150 and 0656714997. Staff Comments – Town Manager Mitchell advised that the subject properties are currently within the Residential Agricultural (RA) Zoning District. The zoning map amendment petition is for a total of 15.29 acres. The larger subject property is within the Town's ETJ, and is currently used for agricultural purposes and a small portion of the Town's Jeff Wells Trail traverses the northwest corner. The smaller subject property is within the Town's corporate limits and is occupied by a single-family residential home. Town Manager Mitchell then provided the following information: ZONING: The zoning map amendment petition requests approval of the Residential Medium Density Conditional Zoning District (RMD-CZD). A residential density of six (6) dwelling units per acre is permitted in the RMD Zoning District, which is intended for residential development in a more urban form than in lower density zoning districts. The petitioner is requesting conditions applicable to use of the subject properties as follows: -A minimum of 25% of the site adjacent to Carriage Heights and Southern Oaks Subdivisions shall only be used for single-family detached dwellings. SURROUNDING USE: Surrounding properties are a variety of single-family residential subdivisions and other uses. To the west is Groves at Carriage Heights and to the north is Southern Oaks. South of the subject properties are the Town's Carroll Howard Johnson Environmental Education Park, Thrive Community Church, and single-family residential homes. To the east of the subject property is undeveloped land. In the general vicinity of the subject properties is Carriage Heights Subdivision, South Gate Village Apartments, Fuquay-Varina Homes for the Elderly, the Town's South Park, as well as additional single lot residential development. LAND USE PLAN: The 2005 Land Use Plan calls for a Medium Density Residential (MDR) Classification at the subject properties, and to properties adjacent to the north and predominately to the west. Additional adjacent land uses classifications include High Density Residential (HDR), Office & Institutional (O&I), Commercial (COM) and Parks & Open Space (POS). The MDR Classification provides for a residential density of up to 4.8 units per acre. The requested zoning district provides for a higher overall density at six (6) units per acre; however, the proposed conditions will ensure single-family residential homes along a minimum of 25% of the perimeter, which will likely lower the overall density attainable. For informational purposes, the 2035 Community Vision Land Use Plan, in draft form, calls for a Civic & Institutional Place Type (Classification) at the subject properties, which is intended for nonresidential uses that serve a public purpose. The requested zoning district is not compatible with the draft 2035 LUP. UTILITIES: Public water and sewer will be made available by the developer with future development of the subject property. TRANSPORTATION: The subject properties have access onto Wagstaff Road, classified as a two (2) lane road with bike lanes and sidewalks in a 70-foot right-of-way by the 2006 CTP. The design capacity of Wagstaff Road at the subject properties can accommodate 9,200 average daily trips (ADT) with improvements made and 9,000 ADT as currently provided. The 2015 NCDOT traffic counts indicate 2,500 ADT near the intersection with South Main Street (US Hwy 401). NEIGHBORHOOD MEETING INFORMATION: The petitioner held a neighborhood meeting on April 21, 2017 at the Town's Community Center, located at 801 South Main Street. The petitioner is available to provide additional information related to the neighborhood meeting. RECOMMENDATION: Management and staff recommend approval of the proposed zoning map amendment as it is partially consistent with the land use plan and reasonable and in the best interest of the public for the following reasons: 1) The zoning map amendment is partially compatible with the 2005 Land Use Plan, as the conditions provide limitations on perimeter development, which is likely to reduce the overall density of the subject properties, thereby making it more comparable to the density of the Medium Density Residential (MDR) Land Use Classification. 2) The proposed zoning district provides for a transition between existing residential uses both adjacent and in the general vicinity, and supports the surrounding nonresidential uses. 3) The requested zoning district is compatible with zoning districts of adjacent properties to the west of the subject properties. For the reasons identified, management and staff are recommending approval. At the May 15, 2017 meeting the Planning Board unanimously recommended approval. Management is also recommending the motion include amending the 2035 Community Vision Land Use Plan on the property to reflect Small Lot Residential (SLR) for consistency purposes. Public Hearing – Mayor Byrne opened the public hearing, and he asked if anyone wished to speak in favor of the proposed zoning or future land use map amendment. Mr. Wayne Mauldin of Mauldin-Watkins Surveying, 1301 Broad Street, spoke in favor of the amendments on behalf of the Arnold family. Mayor Byrne asked if anyone wished to speak in opposition to the proposed amendments. No one chose to speak in opposition to the amendments. Mayor Byrne then declared the public hearing closed. Board Member Discussion – There was no discussion from members of the Town Board regarding this matter. Recommendation - Approve REZ-2017-10, a zoning map amendment at 0 and 202 Wagstaff Road, from the Residential Agricultural (RA) Zoning District to the Residential Medium Density Conditional Zoning District (RMD-CZD), and amend the 2035 Community Vision Land Use Plan at the subject property from Civic & Institutional (CI) to Small Lot Residential (SLR). The proposed zoning map amendment is partially consistent with the land use plan and is reasonable and in the best interest of the public for the reasons identified by management and staff. MOTION: Mayor Pro-Tem Massengill SECOND: Commissioner Wunsch MOTION RESULTS: Passed Unanimously (5-0) Agenda Item No. 7.D: Zoning Map Amendment - Mauldin Watkins Surveying - 0 and 208 Pine Street - PINs 0666044741 and 0666044702 - REZ- 2017-11 Purpose – To consider a requested zoning map amendment for a total of 0.331 acres, located at 208 and 0 Pine Street from the Residential Medium Density (RMD) Zoning District to the Town Center Residential (TCR) Zoning District. The subject properties are more particularly known as a Wake County PINs 0666044741 and 0666044702. Staff Comments – Assistant Town Manager Matthews advised that the subject properties are currently within the Residential Medium Density (RMD) Zoning District and include a total of 0.331 acres, which is currently vacant. They are within the corporate limits of the Town. He then provided the following information: ZONING: The zoning map amendment petition requests approval of the Town Center Residential (TCR) Zoning District. A residential density of six (6) dwelling units per acre is currently permitted within the TCR Zoning District, which is intended to provide for residential development of varying types to support the downtown center districts and is applicable only within the Judd Parkway Loop. The TCR Zoning District requires submittal of a master plan, except that proposed developments totaling four (4) lots or less are permitted to submit a plot plan in lieu of the required master plan. The zoning map amendment requests a total of two (2) single-family lots, as such a plot plan has been submitted for each lot. SURROUNDING USE: Surrounding properties are used for single-family residential purposes. LAND USE PLAN: The 2005 Land Use Plan calls for a Medium Density Residential (MDR) Classification at the subject properties, as well as for surrounding properties. This designation provides for a residential density of 4.8 dwelling units per acre. The requested zoning district is not compatible with the MDR Classification; however, the allowable uses are compatible. The 2005 LUP was not updated to reflect the introduction of the TCR Zoning District, effective December 30, 2016 since the 2035 Community Vision Land Use Plan was in development at that time. For informational purposes, the 2035 Community Vision Land Use Plan, in draft form, calls for a Town Center Residential (TCR) Place Type (Classification) at the subject properties, which is intended to provide for the TCR Zoning District. UTILITIES: Public water and sewer will be made available by the developer with future development of the subject property. TRANSPORTATION: The subject property has access onto Pine Street, classified as a local street by the Town's 2006 Community Transportation Plan (CTP). No improvements are required. Pine Street is a Town-maintained street; as such NCDOT does not perform traffic counts on this street. NEIGHBORHOOD MEETING INFORMATION: The petitioner held a neighborhood meeting on April 17, 2017 at the Town's Community Center, located at 820 South Main Street. The petitioner is available to provide additional information related to the neighborhood meeting. RECOMMENDATION: Staff and management recommend approval of the proposed zoning map amendment. While it is inconsistent with the 2005 Land Use Plan, it is reasonable and in the best interest of the public for the following reasons: 1) The requested zoning district, Town Center Residential (TCR), is intended to provide for infill residential development to support the downtown center districts, and was introduced with the adoption of the Land Development Ordinance (LDO). The district and request, as presented, support the intent of the LDO. 2) The requested zoning district and plot plan are compliant with the draft 2035 Community Vision Land Use Plan. 3) The requested zoning map amendment is in keeping with the character of the neighborhood and surrounding community. For the reasons identified, management and staff are recommending approval. At the May 15, 2017 regular meeting the Planning Board unanimously recommended approval. Public Hearing – Mayor Byrne opened the public hearing, and he asked if anyone wished to speak in favor of the proposed zoning map amendment. Mr. Wayne Mauldin of Mauldin-Watkins Surveying, 1301 Broad Street, spoke in favor of the zoning map amendment on behalf of the property owners – NC Custom Homes, LLC. Mayor Byrne asked if anyone wished to speak in opposition to the proposed zoning map amendment. No one chose to speak in opposition to the amendment. Mayor Byrne then declared the public hearing closed. Board Member Discussion – Commissioner Adcock asked about the Land Use Plan that the proposed amendment is referencing. Assistant Town Manager Mitchell stated that the plan was considered while the 2005 Land Use Plan was in place, however it is consistent with the 2035 Community Vision Land Use Plan. Recommendation - Approve REZ-2017-11, a requested zoning map amendment for a total of 0.331 acres, located at 208 and 0 Pine Street from the Residential Medium Density (RMD) Zoning District to the Town Center Residential (TCR) Zoning District. The proposed zoning map amendment is inconsistent with the 2005 Land Use Plan; however, the rezoning is consistent with the 2035 Community Land Use Plan, the request is reasonable and in the best interest of the public for the reasons identified by management and staff. MOTION: Commissioner Adcock SECOND: Commissioner Harris MOTION RESULTS: Passed Unanimously (5-0) ****************************** CONSENT AGENDA Agenda Item No. 8.A: Voluntary Annexation Petition - AREPS, LLC - Bent Tree Subdivision - 721 and 911 Fleming Loop Road - PINs 0656238017 and 0656422073 - ANX-2017-10 Purpose – To consider the adoption of a resolution instructing the Town Clerk to investigate an annexation petition and to adopt a resolution setting a public hearing for June 20, 2017, following the receipt of a petition for voluntary annexation of property owned by AREPS, LLC Properties located at 721 and 911 Fleming Loop Road, containing a total of approximately 108.197 acres. Recommendation – Adopt the resolution instructing the Town Clerk to investigate the voluntary annexation petition, and adopt the resolution setting the public hearing for a voluntary annexation petition on June 20, 2017, for property owned by AREPS, LLC Properties (ANX-2017-10) as presented and recommended. Resolution No. 17-1460 & 17-1461 Agenda Item No. 8B: Voluntary Annexation Petition - Robert Crabtree Builder, Inc. - 1404 Walking Trail - PIN 0665077453 - ANX-2017-09 Purpose – To consider the adoption of a resolution instructing the Town Clerk to investigate an annexation petition and to adopt a resolution setting a public hearing for June 20, 2017, following the receipt of a petition for voluntary annexation of property owned by Robert Crabtree Builders, Inc. - 1404 Walking Trail, containing approximately 1.168 acres. Recommendation – Adopt a resolution instructing the Town Clerk to investigate the voluntary annexation petition, and adopt the resolution setting the public hearing for a voluntary annexation petition on June 20 2017, for property owned by Robert Crabtree Builders (ANX-2017-09) as presented and recommended. Resolution No. 17-1463 & 17-1463 Agenda Item No. 8.C: Voluntary Annexation Petition - Robert Crabtree Builder, Inc. - 909 Andersonwood Drive and 104 Bridgetstone Court - PINs 0665198543 and 0665199257 - ANX-2017-08 Purpose – To consider the adoption of a resolution instructing the Town Clerk to investigate an annexation petition and to adopt a resolution setting a public hearing for June 5, 2017, following the receipt of a petition for voluntary annexation of property owned by Robert Crabtree Builder, Inc. - 909 Andersonwood Drive and 104 Bridgetstone Court, containing approximately 2.301 acres. Recommendation – Adopt a resolution instructing the Town Clerk to investigate the voluntary annexation petition, and adopt the resolution setting the public hearing for a voluntary annexation petition on June 20, 2017, for property owned by Robert Crabtree Builder (ANX-2017-08) as presented and recommended. Resolution No. 17-1464 & 17-1465 Agenda Item No. 8.D: Town Code Amendment - Appendix I Traffic - Section 106 One- Way Street - Designation of Southern Street and a portion of Stewart Street as a One-Way Street Purpose – To consider an amendment to the Town Code of Ordinances, Appendix I, Section 106 One-Way Streets for Southern Street and a portion of Stewart Street. Recommendation – Adopt an ordinance amending Appendix I, Section 106 One-Way Streets to designate Southern Street and a portion of Stewart Street as a one-way street as recommended and presented. Ordinance No. M-17-02 Agenda Item No. 8E: Order to Levy and Collect Taxes - Wake County Purpose – To consider a resolution authorizing Wake County to levy and collect the real and personal property taxes on behalf of the Town of Fuquay-Varina for the FY 2017-2018 budget. Recommendation – Adopt the resolution authorizing the Wake County Revenue Administrator to levy and collect real or personal property taxes on behalf of the Town of Fuquay-Varina for the FY 2017-2018 budget. A motion was made to approve all items A-E on the Consent Agenda as recommended. MOTION: Commissioner Wunsch SECOND: Mayor Pro-Tem Massengill MOTION RESULTS: Passed Unanimously (5-0) Resolution No. 17-1466 ****************************** ADMINISTRATIVE REPORTS Agenda Item No. 10.A: Preliminary Subdivision Plat - Union Station - SUB-PR-2017-05 Purpose – To consider approval of a preliminary subdivision plat submitted by Thompson and Associates, called Union Station, located at 235 Coley Farm Road. Staff Comments – Assistant Town Manager Matthews advised that the submitted preliminary subdivision for Union Station is located at 235 Coley Farm Road on 18.939 acres in the Residential Medium Density Conditional Zoning District (RMD-CZD). The conditions at the subject property are primarily related to future development of the adjacent parcel to the east; however, the limited numbers of conditions applicable to the subject property are demonstrated in the preliminary subdivision plans and are compliant with the zoning. Those include the requirement for additional buffering along the railroad right-of-way at the southeast corner of the subject property, as well as the requirement for homes built on crawl spaces along Coley Farm Road. Assistant Town Manager Matthews then provided the following additional information: SUBDIVISION INFORMATION: The preliminary subdivision plat proposes 66 residential lots meeting the standards for open space developments following the 18% open space dedication option. The minimum lot size permitted is 7,000 square feet. The minimum lot size provided is slightly larger at 7,010 square feet, with the average lot size being 7,854 square feet. Following the 18% open space dedication option, a minimum of 3.408 acres of overall open space with 0.6816 acres of common green area is required. There are 3.66 acres of overall open space with 0.6848 acres of common green area provided. TRANSPORTATION: Vehicular access to the project area is provided via a public street entrance onto Coley Farm Road, classified as a residential collector street. The Town's Community Transportation Plan (CTP) requires widening of half of the existing travel lanes, as well as installation of curb and gutter and sidewalk where the property fronts Coley Farm Road. Stub-out street connections are provided for future development of adjacent properties to the west and south. UTILITIES: Public water and sewer are available to serve the subject property and will be installed by the developer. The proposed preliminary subdivision plat meets all Town requirements, as such management and staff recommend approval. At the May 15, 2017 meeting the Planning Board also unanimously recommended approval. Board Discussion – Mayor Pro-Tem Massengill inquired as to if the Town is requiring the improvements to road construction for NW Judd Parkway and if not could the Town update the Land Development Ordinance to help with the cost of road improvements in cases such as this. Town Manager Mitchell explained that the Land Development Ordinance does address the requirement for road construction and dedication of right-of- way, however the requirement to construct was not required in this instance because it would not meet the timing requirement for the Town to complete NW Judd Parkway. Recommendation – Approve the Union Station preliminary subdivision plat (SUB-PR-2017- 05) located at 235 Coley Farm Road as presented and recommended, contingent on dedication of NW Judd Parkway Right of Way within 90 days. MOTION: Commissioner Gardner SECOND: Mayor Pro-Tem Massengill MOTION RESULTS: Passed Unanimously (5-0) Agenda Item No. 10.B: Site Plan Approval - Mixed-Use Development - The Learning Experience - SP-2016-24 Purpose – To consider a site plan within a mixed-use development submitted by Burton Engineering Associates, called The Learning Experience, located at 2020 Marquee Lane. Staff Comments – Assistant Town Manager Matthews advised that the submitted plan for The Learning Experience is located at 2020 Marquee Lane on 1.43 acres. This is Lot 7 within the Marquee Station Mixed-Use Development. He then provided the following additional information: ZONING: The Town's standards for mixed-use developments require that site plans be approved by the Town Board after compliance is verified administratively by staff. The site plan must also comply with unified standards and declaration of mixed-use development, both previously approved by the Town Board for Marquee Station. TRANSPORTATION: Vehicular access to the project area is provided via a public street entrance onto Marquee Lane and a private street entrance onto Audition Drive. UTILITIES: Public water and sewer are available to serve the subject property and will be installed by the developer. The proposed site plan meets all Town requirements; as such management and staff recommend approval. Board Discussion – There was no discussion from members of the Town Board regarding this matter. Recommendation – Approve the site plan, The Learning Experience, SP-2016-24, located at 2020 Marquee Lane as presented and recommended. MOTION: Commissioner Harris SECOND: Commissioner Adcock MOTION RESULTS: Passed Unanimously (5-0) Agenda Item No. 10.C: Site Plan - Exemptions - Southbend Expansion - SP-2017-10 Purpose – To consider a site plan exemption requested by Spencer Terry, P.E. with Carolina Land Development Group on behalf of Southbend, located at 1100 Old Honeycutt Road. Request for Recusal – Mayor Byrne asked the Town Board to recuse him from any discussion and action, as he has a personal interest in this matter. (Mayor Pro-Tem Massengill presided over this portion of the meeting.) MOTION: Mayor Pro-Tem Massengill SECOND: Commissioner Wunsch MOTION RESULTS: Passed Unanimously (5-0) Staff Comments – Town Manager Mitchell advised that the submitted site plan for the Southbend Expansion is located at 1100 Old Honeycutt Road on 20.02 acres in the Heavy Industrial (HI) Zoning District. He then provided the following additional information: ZONING: The Town's Land Development Ordinance (LDO) generally require improvements, including thoroughfare dedication and construction, parking compliance, and landscaping compliance, for expansions of existing site greater than 25% of their existing footprint. The LDO further provides for exemptions of site improvements in certain cases. More specifically, payment-in-lieu is permitted for expansions greater than 25% of the existing footprint if the project is directly or indirectly affected by a funded project in the NCDOT State Transportation Improvement Program (STIP). Further, industrial projects meeting that criteria may request that the Town Board allow an exception to the required payment-in-lieu, if the expansion is 25-40% of the current footprint and thoroughfare improvements exceed 10% of total project costs. In all cases, right-of-way dedication is required. The applicable LDO regulations are included in the attachment entitled "LDO Site Exemption Regulations". TRANSPORTATION: Vehicular access to the project area is provided via a public street entrance from Old Honeycutt Road. The site is also adjacent to NC 55 Highway, although no access to this thoroughfare is provided or proposed. NCDOT has STIP projects to the north and the south of the proposed site. NCDOT STIP project U-5751, Improvements to the "Five Points" intersection, in Fuquay-Varina are funded for Right of Way acquisition in 2019 and Construction in 2021 will reconfigure the entire intersection and potentially include realignments or improvements to other intersections in the vicinity. NCDOT STIP Project R- 5705, Improvements to Hwy 55 from Town of Angier to Jicarilla Lane, is programmed for Right of Way in 2020 and Construction in 2022. The Southbend frontage is within the study area of R-5705 although construction is not expected to extend this far in the current phase. However, staff and NCDOT expect the "missing link" between Five Points and the R- 5705 project will be widened once there is clarity in the design for the other two projects. Based on these two projects, the project meets the NCDOT STIP project requirement for fee-in-lieu exemption under the Town's ordinance, because the final road section that should be completed on NC 55 at this location is impacted by two adjacent NCDOT projects. ADDITIONAL INFORMATION: The site plan amendment proposed an expansion of 37% of the existing floor area, qualifying the project for the site plan exception. The request for this exemption is included as an attachment as well as an exhibit showing the conceptual road improvements on NC 55, excerpts from the STIP for U-5751 and R-5705, and an estimate of the cost of the road improvements. CONCLUSION: The estimate from Southbend for their cost of expansion is $1,500,000. The estimated cost of the NC 55 Road improvements is $514,000, which represents 34% of the cost of expansion. Based on this and the other qualifying criteria, the Southbend expansion project meets all the criteria for exemption should the Town Board choose to allow it. Management and staff are recommending the Town Board approve this waiver, which meets the criteria established in the LDO and advances the Town Board's goal of industrial expansion. The project is proposing to make significant road improvements to Old Honeycutt Road, and it is unclear if the proposed right of way and road improvements for NC-55 will be compatible with planned NCDOT improvements for the same stretch of roadway. Board Discussion – Mayor Pro-Tem Massengill expressed his excitement to have Southbend choose to expand its facility here in Fuquay-Varina. Commissioner Adcock stated that he appreciated staff for working with Southbend to accomplish this project. Recommendation – Approve the site plan exemption for Southbend Expansion, SP-2017- 10, located at 1100 Old Honeycutt Road as presented and recommended. MOTION: Commissioner Adcock SECOND: Commissioner Gardner MOTION RESULTS: Passed Unanimously (5-0) ****************************** OTHER BUSINESS A. Manager’s Report – (Mitchell)  Recognized Finance Director Carla Morgan and the Finance team for their assistance with the new budget. B. Project Status Report (June 2017) C. GFOA Award – FY 2016 Comprehensive Annual Financial Report (CAFR)  Town Manager Mitchell commended the Finance staff for receiving this award for the third year. Finance Director Carla Morgan gave special thanks to  Assistant Finance Director Nicole Stevens for her assistance in preparing the report. D. 2035 Community Transportation Plan – (FIRST READING) ****************************** TOWN BOARD MEMBER COMMENTS Mayor Pro-Tem Massengill stated that he had no further comments or business to discuss. Commissioner Adcock thanked staff for a good job on getting sidewalk completed before Balloon Festival. He also thanked the Police Department and the Fire Department for their efforts during the Balloon Festival. Commissioner Harris stated that he enjoyed the Balloon Festival. He also recommended that in the future development of the Fleming Loop Road Park, that a type of permanent display for recognition for veterans be constructed. Commissioner Wunsch echoed what everyone else previously stated about the Balloon Festival. He also stated that he was a volunteer for the Chamber’s Run the Quay event this past weekend, which had approximately 1,000 participants. Commissioner Gardner stated that she had the best volunteer position for the Balloon Festival this year as a landowner relations assistant. She also attended the Rex Mental Health First Aid training and encouraged other board members to attend. Mayor Byrne stated that he appreciated everyones role in the Balloon Festival. He commended the Chamber’s role in the Balloon Festival, and expressed his appreciation to them for hosting the 10th year for the Run the Quay event. He stated that Town Manager Mitchell will be receiving an award from the Triangle Business Journal on June 16th, and he stated that the Middle Creek High School principal received the principal of the year award for North Carolina. He then gave a report of upcoming events that he will be attending. ****************************** ADJOURN A motion was made to adjourn the meeting at 10:00 p.m. MOTION: Commissioner Wunsch SECOND: Commissioner Gardner MOTION RESULTS: Passed Unanimously (5-0) Adopted this the 20th day of June 2017 in Fuquay-Varina, North Carolina. FUQUAY-VARINA, NORTH CAROLINA  John W. Byrne, Mayor ATTEST: (TOWN SEAL) Rose H. Rich, Town Clerk