Board of Commissioners

TOWN OF FUQUAY-VARINA BOARD OF COMMISSIONERS REGULAR MEETING AUGUST 7, 2017 CALL TO ORDER Mayor John W. Byrne called the regular meeting of the Fuquay-Varina Board of Commissioners to order on August 7, 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 Town Clerk Rose Rich Attorney Mark Cumalander (Assistant Town Manager Mark Matthews was absent on scheduled vacation.) ****************************** INVOCATION AND PLEDGE OF ALLEGIANCE Mayor Pro-Tem Massengill provided the invocation and Police Chief Laura Fahnestock led the Pledge of Allegiance. ****************************** APPROVAL OF THE MINUTES The July 10, 2017, minutes of the regularly scheduled Town Board of Commissioners meeting, were presented for approval. MOTION: Commissioner Adcock SECOND: Mayor Pro-Tem Massengill MOTION RESULT: Passed Unanimously (5-0) ****************************** PRESENTATIONS There were no presentations for the August 7, 2017 Town Board meeting. ****************************** PUBLIC COMMENTS: Ms. Grace Falco (236 N. Harrison Place Lane) requested that the Town make an appeal to NCDOT for a right turn lane off of NC Hwy 42 onto N. Harrison Place Lane, in the Harrison Place Subdivision. Ms. Clauja Mizell-Johnson (309 N. Harrison Place Lane) also spoke in support of Ms. Falco’s request. Town Manager Mitchell stated that NCDOT is currently studying the area within the vicinity of the Five Points corridor and will likely be making improvements in this area in the future, however the exact timing is unknown at this point. He stated that staff would make contact with NCDOT officials to advise of the resident concerns. ****************************** ITEMS TABLED FROM PREVIOUS MEETING: Agenda Item No. 6.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 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 AREPS, LLC, located at 721 and 911 Fleming Loop Road, PIN 0656238017 and 0656422073, containing a total of approximately 108.197 acres. Staff Comments – Town Manager Mitchell advised that the subject property contains approximately 108.197 acres and it has road access on Fleming Loop Road. The property is contiguous to the Town's corporate limits and water and sewer is available to the property. At the June 5, 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. The Town Board also adopted a resolution setting a public hearing for the June 20, 2017 Town Board meeting. The petitioner requested that the voluntary annexation public hearing be continued until August 7, 2017 to allow additional time to complete utility easement acquisition. Town Manager Mitchell stated that once again the petitioner is requesting that the matter be continued until the September 5, 2017 meeting for additional time to complete the utility easement acquisition. Public Hearing – Mayor Byrne declared the public hearing open, and he recommended that the public hearing be continued to the September 5, 2017 meeting. Board Member Discussion – There was no discussion from members of the Town Board regarding this matter. Recommendation – Table consideration and continue the public hearing on September 5, 2017 for property owned by AREPS, LLC (ANX-2017-10) as recommended. MOTION: Mayor Pro-Tem Massengill SECOND: Commissioner Gardner MOTION RESULTS: Passed Unanimously (5-0) Agenda Item No. 6.B: Voluntary Annexation Petition - Bowling Road, LLC (Stancil Builders) - 1335 Bowling Road - PIN 0665094148 - ANX-2017-07 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 Bowling Road, LLC, located at 1335 Bowling Road (PIN 0665094148), containing approximately 29.57 acres. Staff Comments – Town Manager Mitchell advised that the subject property contains approximately 29.57 acres and it has road access at 1335 Bowling Road. The property is non-contiguous to the Town's corporate limits however, water and sewer is available to the property. On July 13, 2017, the Town Clerk certified the sufficiency of the annexation petition. Public Hearing – Mayor Byrne declared the public hearing open, and he asked if anyone wished to speak in favor of the voluntary annexation petition. No one chose to speak in favor of the petition. Mayor Byrne asked if anyone wished to speak in opposition to the voluntary annexation petition for ANX-2017-07. Residents of the Neil’s Crossing Subdivision, Mr. Scott Myers (500 Sloping Hill Lane), Bryan Callahan (1355 Bowling Road) and Karen Brown (504 Woodland Drive), spoke in opposition to the proposed voluntary annexation petition as it relates to concerns about enhanced run off to the flood plain area by adding additional homes to property adjacent to homes in the Neil’s Creek Subdivision, as well as concerns regarding the movement of traffic in the area. Following comments in opposition, Mayor Byrne declared the public hearing closed. Board Member Discussion – Mayor Byrne and Mayor Pro-Tem Massengill referenced the Town’s storm water policy and noted that it is designed to help address the concerns made by the adjacent property owners. Commissioner Adcock reiterated that this petition for annexation is voluntary and he sees no reason to deny the property owner’s request. Recommendation – Adopt the annexation ordinance to extend the corporate limits of the Town of Fuquay-Varina to include property owned by Bowling Road, LLC (Stancil Builders) (ANX-2017-07) as presented. MOTION: Mayor Pro-Tem Massengill SECOND: Commissioner Adcock MOTION RESULTS: Passed Unanimously (5-0) Ordinance No. N-17-30 Agenda Item No. 6.C: Zoning Map Amendment - MA Engineering - 313 Railroad Street - PIN 0656991642 - REZ-2017-13 - (WITHDRAWN) Purpose – To acknowledge receipt of a request to withdraw REZ-2017-13, a zoning map amendment for a total of 10.3 acres, located at 313 Railroad Street, from the Residential Medium Density Conditional Zoning District (RMD-CZD) to the Downtown Center-2 (DC-2) Zoning District. The subject property is also known as Wake County PIN 0656991642. Staff Comments – Town Manager Mitchell advised that applicant has requested that the petition be withdrawn. No action on the petition is necessary. Board Member Discussion – There was no discussion from members of the Town Board regarding this matter. Recommendation – No Action Required - Received as Information ****************************** PUBLIC HEARINGS: Agenda Item No. 7.A: Zoning Map Amendment - Spaulding and Norris, PA - 1455 Bowling Road - PIN 0655986592 - REZ-2017-14 Purpose – To consider a requested zoning map amendment for a total of 45.16 acres, located at 1455 Bowling Road from the Residential Agricultural (RA) Zoning District to the Residential Low Density Conditional Zoning District (RLD-CZD). The subject property is also known as a portion of Wake County PIN 0655986592. Staff Comments – Town Manager Mitchell stated that the subject property is currently within the Residential Agricultural (RA) Zoning District. The zoning map amendment petition is for a total of 45.16 acres. The subject property is within the Town's ETJ and is currently vacant. Town Manager Mitchell then provided the following information. ZONING: The property is currently zoned Residential Agricultural (RA). The zoning map amendment petition requests approval of the Residential Low Density Conditional Zoning District (RLD-CZD). A residential density of three (3) dwelling units per acre is permitted in the RLD Zoning District, which is intended for low density urban residential development. The petitioner is requesting conditions applicable to use of the subject property as follows: - Permitted uses shall be limited to the following: Single-family dwelling, detached. The following conditions regarding site specific standards also apply:  1. At the time of the subdivision plan, the property shall be developed in accordance with the open space development regulations contained in the Town of Fuquay-Varina's Land Development Ordinance. 2. The minimum open space provided of the total project area shall be thirty-five (35) percent. 3. The thoroughfare buffer along Bowling Road shall be planted to meet the requirements of a Type A Buffer and will incorporate a berm with a minimum height of six (6) feet, to be reviewed and approved by the Town Engineer, with direction that the HOA will maintain both sides of the berm that is to be listed in the HOA documents. 4. The perimeter buffer immediately adjacent to Wake County PIN 0655995251 shall remain undisturbed with supplementation as required by Town Ordinance. During the July 17, 2017 Planning Board meeting a request was made that the Town pursue a request to NCDOT to reduce the speed limit on Bowling Road from 45 miles per hour (MPH) to 35 MPH. Town Staff has contacted NCDOT and has been advised that this request will likely not be fulfilled due to not meeting NCDOT criteria for a speed limit reduction. At the time of the meeting, staff was awaiting final confirmation on the request. NEIGHBORHOOD MEETING INFORMATION: The petitioner held a neighborhood meeting on June 7, 2017. The petitioner was available to provide additional information related to the neighborhood meeting. RECOMMENDATION: Staff recommends approval of the proposed zoning map amendment. It is reasonable and in the best interest of the public for the following reasons: 1) The requested zoning map amendment is consistent with the 2035 Community Vision Land Use Plan designation of Small Lot Residential (SLR). 2) The proposed conditions limit developable uses of the subject property to ensure that it is compatible with the surrounding uses and general vicinity. 3) The request is reasonable and in the best interest of the public as the requested zoning district is the lesser density available that provides for connection to available public water and sewer. For the reasons identified, management and staff recommended approval. At the July 17, 2017 regular meeting, the Planning Board unanimously recommended approval. Public Hearing – Mayor Byrne declared the public hearing open and he asked if anyone wished to speak in favor of the proposed zoning map amendment. Petitioner Laura Holloman, 972 Trinity Road, Raleigh spoke in favor of the proposed zoning map amendment. Mayor Byrne asked if anyone wished to speak in opposition to the proposed zoning map amendment. Mr. Bryan Callahan, 1355 Bowling Road, Ms. Karen Brown, 504 Sloping Hill Lane and Scott Myers, 500 Sloping Hill Lane, all spoke in opposition to the proposed zoning map amendment as it relates to road improvements and traffic congestion, buffer requirements on the backside of the property and extra run-off and protection on the steep slope on the backside of the property. Following comments in opposition, Mayor Byrne declared the public hearing closed. Board Member Discussion – Mayor Pro-Tem Massengill inquired with the Town Manager if open space development guarantees buffers around the property perimeter. Town Manager Mitchell confirmed that open space development does have buffer requirements that must be shown and accounted for on the development site plan. Mayor Pro-Tem Massengill later stated that he is comfortable with the request. Commissioner Adcock stated that the Town Board was being proactive by going with a low density for the zoning, and he appreciates the additional conditions placed on the request by the petitioner. Staff Comments – Town Manager Mitchell stated that there is a site plan under review that preserves the environmental features at the back of that lot as open space, as well as a 100-foot Duke Energy easement that will be preserved. Town Engineering Director Tracy Stephenson also stated that there is a FEMA regulated flood plain along the creek that restricts any kind of development within the 100- year flood area. Recommendation – Approve REZ-2017-14, a zoning map amendment at 1455 Bowling Road from the Residential Agricultural (RA) Zoning District to the Residential Low Density Conditional Zoning District (RLD-CZD). The proposed zoning map amendment is consistent with the 2035 Community Vision Land Use Plan and is reasonable and in the best interest of the public for the reasons identified by staff. AMENDED MOTION: Mayor Pro-Tem Massengill SECOND: Commissioner Harris MOTION RESULTS: Passed Unanimously (5-0) Note: The original motion made by Mayor Pro-Tem Massengill and seconded by Commissioner Harris excluded the consistency statement that was not a part of the original recommendation on the agenda. Mayor Pro-Tem Massengill and Commissioner Harris offered a motion addendum to include the consistency statement for the record. The motion addendum was approved unanimously (5-0). Agenda Item No. 7.B: Zoning Map Amendment - Chris Mendler - 312 Spring Ave - PIN 0656961328 - REZ-2017-15 Purpose – To consider a requested zoning map amendment for a total of 0.33 acres, located at 312 Spring Avenue from the Residential Medium Density (RMD) Zoning District to the Town Center Residential (TCR) Zoning District. The subject property is also known as Wake County PIN 0656961328. Staff Comments – Town Manager Mitchell advised that the subject property is currently within the Residential Medium Density (RMD) Zoning District and includes a total of 0.33 acres, which is currently vacant. The property is within the corporate limits of the Town. Town Manager Mitchell then provided the following additional 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 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 one single-family lot and, as such, a plot plan has been submitted. SURROUNDING USE: Surrounding properties are used for single-family residential or currently vacant. The Town's Fuquay Mineral Spring Park and the downtown Fuquay District are both within the general vicinity. LAND USE PLAN: The 2035 Community Vision Land Use Plan calls for a Town Center Residential (TCR) Classification at the subject property, as well as for surrounding properties to the north, south and west. This designation provides for typical residential densities between 6 and 16 dwelling units per acre and is intended to allow the TCR Zoning District. The surrounding properties to the east are within the Downtown (DT) Classification. The requested zoning is compatible with the 2035 Community Vision Land Use Plan. UTILITIES: Public water and sewer are available at the subject property. TRANSPORTATION: The subject property has access onto Spring Avenue, classified as a local street. Spring Avenue 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 June 12, 2017 at the Fuquay-Varina Community Center, located at 820 South Main Street. The petitioner was available to provide additional information related to the neighborhood meeting. RECOMMENDATION: Staff recommends approval of the proposed zoning map amendment. It is reasonable and in the best interest of the public for the following reasons: 1) The requested zoning map amendment is consistent with the 2035 Community Vision Land Use Plan designation of Town Center Residential (TCR). 2) The requested zoning district provides for use of the subject property that is compatible with the surrounding community. 3) The requested zoning map amendment supports the intent of the 2035 Community Vision Land Use Plan, Town Center Plan, and Land Development Ordinance. For the reasons identified, management and staff recommended approval. At the July 17, 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 propose zoning map amendment. The petitioner, Chris Mendler (832 Sequoia Ridge Drive) spoke in favor of the zoning map amendment. 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 declared the public hearing closed. Board Member Discussion – There was no discussion from members of the Board regarding this request. Recommendation – Approve REZ-2017-15, a zoning map amendment at 312 Spring Avenue, from the Residential Medium Density (RMD) Zoning District to the Town Center Residential (TCR) Zoning District. The proposed zoning map amendment is consistent with the 2035 Community Vision Land Use Plan and is reasonable and in the best interest of the public for the reasons identified by staff. MOTION: Mayor Pro-Tem Massengill SECOND: Commissioner Wunsch MOTION RESULTS: Passed Unanimously (5-0) Agenda Item No. 7.C: Zoning Map Amendment - Glenn Futrell - 9036 Purfoy Road - PIN 0665597186 - REZ-2017-16 Purpose – To consider a requested zoning map amendment for a total of 165.183 acres, located at 9036 Purfoy Road from the Residential Agricultural (RA) Zoning District to the Residential Medium Density Conditional Zoning District (RMD-CZD). The subject property is also known as Wake County PIN 0665597186. Staff Comments – Town Manager Mitchell advised that the subject property is currently within the Residential Agricultural (RA) Zoning District. The zoning map amendment petition is for a total of 165.183 acres. The subject property is within the Town's ETJ, and is currently used for agricultural purposes and includes a single- family residence. The property is the subject of an annexation petition, ANX-2017- 12, currently under consideration by the Town Board. Town Manager Mitchell then provided the following additional 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 site-specific conditions applicable to the subject properties as follows: 1) The land shall be developed as an Open Space Development in accordance with Part 9, Article F of the Land Development Ordinance, 2) Lots adjacent to existing subdivisions shall have a minimum land area of 7,000 square feet. 3) The minimum amount of open space provided shall be 25% of the total site. 4) The density of the development shall be limited to 4 dwelling units per acre. Proposed Condition #4 has been added by the petitioner since the public hearing held by the Planning Board in an effort to alleviate concerns voiced during the public hearing. SURROUNDING USE: Surrounding properties are a variety of single-family residential subdivisions, vacant properties, and agricultural uses. To the west and east are single-family residences, agricultural land, and the Angier Road Subdivision. South of the subject property is agricultural land, the Olde Waverly Subdivision, and single- family residential homes. North of the subject property is part of the Amber Ridge Subdivision, as well as the Holland Hills Subdivision. In the general vicinity of the subject properties are the Amber Ridge and Holland Hills Subdivisions, as well as additional single lot residential development and vacant land. LAND USE PLAN: The 2035 Community Vision Land Use Plan calls for a Small-Lot Residential (SLR) Classification at the subject property, and to properties adjacent to the north, east and west. Additional adjacent land uses classifications include Large-Lot Residential and Open Space. The SLR Classification provides for residential density ranging between 2 and 6 units per acre. The requested zoning district provides for six (6) units per acre, and with the proposed condition would be limited to (4) dwelling units per acre. The requested zoning district is compatible with the 2035 Community Vision Land Use Plan. UTILITIES: Public water and sewer will be made available by the developer with future development of the subject property. TRANSPORTATION: The subject property will have access onto Purfoy Road. The 2015 NCDOT traffic counts indicate 5,400 ADT near the intersection with Holland Road, and the current capacity is 9,700. The 2035 Community Transportation Plan provides for a 110 foot right-of-way with a four (4) lane median divided cross- section, including sidepaths, and has a capacity of 24,400 trips. Based on size of the property, it is likely that future development of the property would trigger a Transportation Impact Analysis (TIA). A future greenway also crosses a portion of the property along a creek basin. Construction of the greenway would be required with future development of the property. NEIGHBORHOOD MEETING INFORMATION: The petitioner held a neighborhood meeting on May 16, 2017 at Destiny Church, located at 7608 Purfoy Road. The petitioner was available to provide additional information related to the neighborhood meeting. RECOMMENDATION: Staff recommends approval of the proposed zoning map amendment. It is reasonable and in the best interest of the public for the following reasons: 1) An annexation petition, ANX-2017-12, is under review of the Town Board for the subject property, and includes provisions for connection to public water and sewer. Annexation of the subject property necessitates application of the Town's zoning. Access to public water and sewer warrants the requested RMD Zoning District. 2) The requested zoning map amendment is consistent with the 2035 Community Vision Land Use Plan designation of Small Lot Residential (SLR). 3) The proposed conditions limit developable uses of the subject property to ensure that it is compatible with the surrounding uses and general vicinity.  4) The requested zoning map amendment conditions include provisions for larger lots at the perimeter of the project area where adjacent to existing subdivisions, provided to enhance compatibility with existing development. For the reasons identified, management and staff recommended approval. At the July 17, 2017 regular meeting, the Planning Board voted 4-1 to recommend approval. Public Hearing – Mayor Byrne declared the public hearing open, and he asked if anyone wished to speak in favor of the proposed zoning map amendment. Mr. Tony Tate, (Landscape Architect and Land Planner); 5011 Southpark Drive, Durham, spoke in favor of the zoning map amendment on behalf of Mr. Glenn Futrell and JLG Development Corporation. Mayor Byrne asked if anyone wished to speak in opposition to the proposed zoning map amendment. Mr. Bill Wilkerson, 7917 Twin Pines Way, stated that the condition proposed by the petitioner of 4 homes per acre is still too much, and appealed that it be zoned with 3 homes (lower density) per acre. Mr. Jimmy Floyd, 8501 Athena Court, stated that his major concern is traffic, the flood plain and the current surrounding low density zoning. Mr. Jeff Benoit, 8113 White Star Drive expressed his concerns regarding traffic and keeping it low density. Ms. Michelle Greaser, 1517 Holland Hills Drive, expressed concerns regarding traffic concerns entering and exiting Holland Hills subdivision, stating that there is a problem with speeders on Purfoy Road. Following comments in opposition, Mayor Byrne declared the public hearing closed. Board Member Discussion – Mayor Pro-Tem Massengill asked if 3 units per acre could be offered as a condition without changing the zoning being requested. Town Manager Mitchell stated that the developer could still construct 3 units per acre under medium density zoning. Commissioner Adcock stated that 4 units per acre seems dense for this area. Commissioner Harris stated that we are looking at an area that has been more rural in nature and 3 units per acre would be a better fit for this property. Mayor Pro-Tem Massengill asked if the petitioner was willing to offer 3 units per acre for the proposed zoning map amendment. Mr. Glen Futrell stated he could possibly do 3.25 units per acre but would prefer to not go below 3.25 so that he retains some flexibility with lot layout. Mr. Futrell stated that he was doubtful that he would be able to even get 3 units per acre after the development is designed to meet all the Town’s standards. Commissioner Wunsch stated that he would be in favor of the zoning with the condition of 3.25 units per acre. Recommendation - Approve REZ-2017-16, a zoning map amendment at 9036 Purfoy Road, from the Residential Agricultural (RA) Zoning District to the Residential Medium Density Conditional Zoning District (RMD-CZD). The proposed zoning map amendment is consistent with the 2035 Community Vision Land Use Plan and is reasonable and in the best interest of the public for the reasons identified by staff. The motion included a revised condition of 3.25 units per acre as agreed to by the petitioner. MOTION: Commissioner Adcock SECOND: Mayor Pro-Tem Massengill MOTION RESULTS: Passed Unanimously (5-0) Agenda Item No. 7.D: Voluntary Annexation Petition - Adcock Family Limited Partnership - 9036 Purfoy Road - PIN 0665597186 - ANX-2017-12 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 Adcock Family Limited Partnership located at 9036 Purfoy Road, PIN 0665597186, containing 165.183 acres. Staff Comments – Town Manager Mitchell advised that the property contains approximately 165.183 acres and has road access at 9036 Purfoy Road. The property is contiguous to the Town's corporate limits and water and sewer is available to the property. At the July 10, 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. The Town Board also adopted a resolution setting a public hearing for August 7, 2017 Town Board meeting. 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 voluntary annexation petition. No one chose to speak in favor of, or in opposition to the proposed annexation petition. Mayor Byrne declared the public hearing closed. Board Member Discussion – There was no discussion from members of the Board regarding this matter. Recommendation - Adopt the annexation ordinance to extend the corporate limits of the Town of Fuquay-Varina to include property owned by Adcock Family Limited Partnership (ANX-2017-12) as presented and recommended. MOTION: Commissioner Wunsch SECOND: Commissioner Gardner MOTION RESULTS: Passed Unanimously (5-0) Ordinance No. N-17-31 Agenda Item No. 7.E: Town Code Amendment - Codifying Standards of 2035 Community Transportation Plan - CTA-2017-03 Purpose – To consider a proposed text amendment to the Town Code of Ordinances, Part 9 Land Development Ordinance, related to the codification of standards included in the 2035 Community Transportation Plan. Staff Comments – Town Manager Mitchell advised that the Town staff proposes a text amendment, to the Town Code of Ordinances, Part 9 Land Development Ordinance, related to approved standards included in the 2035 Community Transportation Plan. Specifically, the proposed amendment codifies transportation improvements related standards made in the 2035 Community Transportation Plan (CTP). This pertains to requirements for right-of-way dedication, but not road improvements along portions of US 401 and NC 55. Any road improvements along these roads would be determined by NCDOT, in most cases based on a Traffic Impact Analysis (TIA). Also included in this text amendment is codification of two thoroughfares in the plan, in which an ultimate right of way width must be dedicated, but only partial construction is required. This is the case for SE Judd Parkway (3 lane cross section within a 100 foot right of way) and Fuquay-Varina Parkway (2 lane median divided cross section with pedestrian side paths and a depressed grass median). Other changes in the text amendment include updated terminology to provide consistency with the new CTP. Town Manager Mitchell advised that the proposed text amendment advances the goals of the Land Use Plan, Community Transportation Plan, and Land Development Ordinance, and is therefore reasonable and in the best interest of the public. At the July 17, 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, or in opposition to the proposed Town Code amendment. No one chose to speak in favor of, or in opposition to the proposed Town Code amendment. Mayor Byrne declared the public hearing closed. Board Member Discussion – There was no discussion from members of the Town Board regarding this matter. Recommendation - Approve CTA-2017-03, an amendment to Part 9 Land Development Ordinance of the Town Code of Ordinances that codifies standards adopted in the 2035 Community Transportation Plan. The amendment is consistent with the principles of the Land Use Plan and is reasonable and in the best interest of the public for the reasons identified by management and staff. MOTION: Commissioner Gardner SECOND: Commissioner Harris MOTION RESULTS: Passed Unanimously (5-0) Ordinance No. PZ-17-02 ****************************** CONSENT AGENDA Agenda Item No. 8.A: Utility Allocation - South Lakes Phase SF-10 Purpose – To consider a utility allocation request for the South Lakes Subdivision, Phase SF-10, for 19,688 gpd sewer and 23,625 gpd water. Recommendation – Approve the utility allocation request for the South Lakes Subdivision, Phase SF-10 as presented and recommended. Agenda Item No. 8B: Temporary Street Closure – BBQ, Blues & Brews Festival – Fuquay-Varina Downtown Association, Inc. – September 23, 2017 Purpose – To consider a temporary street closure for the 2017 BBQ, Blues & Brews festival scheduled for Saturday, September 23, 2017. Recommendation – Approve a temporary street closure for the Fuquay-Varina Downtown Association, Inc. BBQ, Blues and Brews festival scheduled for Saturday September 23, 2017 as presented and recommended. A motion was made to approve all items (A-B) on the Consent Agenda as recommended. MOTION: Mayor Pro-Tem Massengill SECOND: Commissioner Wunsch MOTION RESULTS: Passed Unanimously (5-0) ****************************** ADMINISTRATIVE REPORTS Agenda Item No. 10.A: Friends of the Arts Center Purpose – To receive information on and consider the development of a non-profit member organization to support the programming of the FV Arts Center, and the convening of its inaugural Board of Directors. Staff Comments – Town Manager Mitchell advised that the commitment to building an Arts Center is testament to the Town’s understanding that the Arts make a significant difference in our community, connecting us to each other, and enriching our lives and our communities. As a means of promoting attendance, encouraging volunteerism and providing additional financial support of the Arts Center, management and staff propose the formation of a non-profit organization, the Friends of the Fuquay-Varina Arts Center. As currently envisioned, the Friends organization will be a self-governing member organization, ideally suited to help recruit and train volunteers, encourage participation in classes, productions, and other events, and raise funds to help offset costs of special events or to provide scholarships. The Friends organization will provide a means by which the community can take an active and significant role in supporting the arts in our community. Town Manager Mitchell stated that as proposed, the Friends of the Arts Center will be led by a Board of Directors, consisting of a combination of elected members and appointees, and including the Director of the Arts Center. Membership is open to anyone paying the annual membership fee; upon receiving 501 (c) 3 designation from the IRS, contributions to the organization will be tax exempt. The first step in creating the organization is the convening of an initial Board of Directors to complete and review By-Laws and Articles of Incorporation, and to initiate the process to attain non-profit status. As this organization will be involved with financial support of Town programming, the inclusion of two Town Board appointees is preferred; these appointees will work with two community volunteers and the Arts Center Director as the initial Board, with the instruction to create the necessary documents to move the organization forward. Upon completion of the organizational paperwork, the Friends organization will begin soliciting membership to offset the cost associated with filing the documents with the IRS. Board Discussion – Mayor Pro-Tem Massengill stated that he likes that the proposed non-profit is a group of volunteers willing to serve and get things started. He stated that by-laws and membership can be tweaked over time. Commissioner Gardner had questions regarding budgets from the Arts Center Department being separate from funds raised by the Friends of the Arts Center. Arts Center Director Maureen Daly stated that the Arts Center departmental funds would be used for programming, and the Friends of the Arts Center funds would be used for things such as scholarships and special events. Mayor Byrne announced that the Fuquay-Varina Arts Center has been awarded 330 seats from Mayor Bill Bell and the Durham City Council, that are coming out of the Durham Performing Arts Center. Town Manager Mitchell stated that the donated seats will be repurposed for the Fuquay-Varina Arts center and will result in a cost savings of anywhere from $60,000 to $80,000. Recommendation – Concur with management's recommendation to begin the process of establishing a Friends of the Arts program, beginning with the recruitment of a 4 member inaugural board composed of 2 volunteers and 2 Mayor appointed Town Board approved appointees. MOTION: Mayor Pro-Tem Massengill SECOND: Commissioner Adcock MOTION RESULTS: Passed Unanimously (5-0) Agenda Item No. 10.B: Resolution - Electronic Advertising for Construction / Repair / Purchase Contracts Purpose – To adopt a resolution that allows the Town Manager or his designee to advertise for construction, repair, and purchase contracts by electronic means only. Staff Comments – Town Manager Mitchell stated that purchase contracts greater than $90,000 and formal Construction and Repair contracts greater than $500,000 are considered formal under the North Carolina General Statutes. These contracts require advertisement in a newspaper of local circulation. As costs for newspaper advertisements have risen and other electronic means of advertising have become prevalent, the legislature made allowances for local governments to waive the requirement for newspaper advertising. NC General Statute 143-129(a) allows the local board to adopt a resolution that allows the Town Manager or a designee of the Town Manager to use electronic means for advertising with no newspaper advertisement. Town Manager Mitchell advised that town staff is constantly assessing the best means of advertising for the Town's construction, repair, and purchase contracts. Staff currently utilizes the Town's website, newspaper ads, numerous online bidding services, NCDOT's bid database (for Federally funded projects only), and direct outreach to known interested/past bidders. Over recent years, Town staff has found that bidders have more often learned about procurements from the online advertisements and direct outreach than from newspaper advertisements. As newspaper advertisements come at substantial cost and lengthen the procurement process based on publication deadlines, the costs often outweigh the benefits of reaching a shrinking pool of contractors that would not be reached through other methods. Town Manager Mitchell then stated that if the Town Board approves this resolution, Town Staff still intends to utilize newspaper ads in some cases but Town Staff will have the flexibility to choose the form of advertisement appropriate to the size, scope, and likely bid pool for the project. One good example is the Town's annual resurfacing contract. Currently these projects require a newspaper ad, but the bidders have overwhelmingly come from a pool of previous Town and DOT bidders that town staff perform direct outreach to. The electronic and direct outreach that town staff completes more than covers the local industry, and electronic advertisement is available to all in the industry. The newspaper ad is generally expensive and not needed in this case. In the event that the Town does not receive enough bidders (3 are required to open bids), the local government is required to re- advertise for at least 10 days. In this case, electronic advertising would allow the 10- day clock to start immediately upon posting the advertisement on the Town Website, rather than waiting for an ad to run in the local newspaper before the 10-day clock starts. This is especially critical on time sensitive projects, in which staff have a short window to solicit bids, evaluate bids, negotiate contract terms, and present to the Town Board for contract award. Town Manager Mitchell provided the Board a summary stating that the number of free and effective online resources have grown to the point that electronic advertising is the predominant tool used by units of government to contact bidders. Town Staff envisions foregoing newspaper ads for projects that have a well-defined contract community or when expedition of the schedule is necessary. Town Staff would still use newspaper advertising when it is cost effective, likely to expand the pool of qualified bidders, or otherwise desirable. In addition, the option to advertise electronically helps Town Staff in schedule delivery of project bids, in some cases advancing a contract award by one Town Board meeting. A resolution was provided for the Board’s consideration Adoption that Town Manager Mitchell advised will empower Town staff to choose the most appropriate and effective means of bid advertisement for each project. Board Discussion – Mayor Byrne stated that he along with Town Manager Mitchell discussed this matter with our Representative and our State Senators back in the spring, so he was happy to hear that this legislation had passed. Commissioner Adcock stated that we no longer have a community paper anymore so advertisement is no longer feasible. Recommendation – Adopt the resolution to allow electronic advertising of contracts in lieu of newspaper advertising as presented and recommended. MOTION: Commissioner Harris SECOND: Commissioner Adcock MOTION RESULTS: Passed Unanimously (5-0) Agenda Item No. 10.C: Preliminary Subdivision Plat - South Lakes Subdivision Phase SF-8 (Infrastructure Only) - SUB-PR-2017-04 Purpose – To consider a preliminary subdivision plat submitted by Withers Ravenel called South Lakes Subdivision Phase SF-8 (Infrastructure Only), located at 1517 and 0 Old Honeycutt Road. Staff Comments – Town Manager Mitchell advised that the submitted preliminary subdivision plat, South Lakes SF-8, is located at 1517 and 0 Old Honeycutt Road on 72.75 acres in the Planned Unit Development (PUD) Zoning District. Town Manager Mitchell then provided the following additional information. SUBDIVISION INFORMATION: The subdivision plat proposes the dedication of Fuquay-Varina Parkway right-of-way (formerly Eastern Parkway) by 1,520 feet and the construction of 1,130 feet of the parkway. No residential lots are proposed. TRANSPORTATION: Vehicular access to the project area is provided via Old Honeycutt Road, classified as a minor thoroughfare. The Town's 2006 Community Transportation Plan (CTP) requires only the reservation of right-of-way for Fuquay- Varina Parkway. The developer is proposing the 1,130 foot construction of half the 4 lane median divided Fuquay-Varina Parkway including a side path along the west side, which aligns with the existing 2-lane constructed west section of Fuquay-Varina Parkway south of Old Honeycutt Road, as shown on the plans. This construction is not required by the 2006 CTP. It should be noted that the construction of the 2-lane section by South Lakes is proposed on future right-of-way currently a part of property owned by the Town of Fuquay-Varina for a future Town park, and property owned by Wake County Board of Education for a future elementary school. Right-of- way dedication by both parties will be required prior to construction. For information purposes, the 2035 Community Transportation Plan requires construction of a 2-lane median-divided section, with the outside lanes, curb and gutter, and side paths within a dedicated right-of-way for an ultimate 4-lane section. The 2035 CTP also provides for adjustments to the alignment by the Director of Engineering, to provide safe and feasible connections to existing constructed sections. The timing of this subdivision application dictates that the subdivision be evaluated against the 2006 CTP. UTILITIES: Public water is available via Old Honeycutt Road and will be installed along the constructed Fuquay-Varina Parkway by the developer. The proposed preliminary subdivision plat meets all Town requirements, as such management and staff recommend approval. At the July 17, 2017 regular meeting the Planning Board unanimously recommended approval. Board Discussion – Commissioner Wunsch stated that the South Lakes Subdivision is an impressive community and that he was pleased to see that advancements towards a new elementary school and town park were happening near the vicinity of the neighborhood. Recommendation – Approve the South Lakes Subdivision Phase SF-8 (Infrastructure Only) preliminary subdivision plat, SUB-PR-2017-04, located at 1517 and 0 Old Honeycutt Road, subject to dedication of right-of-way by the Town of Fuquay-Varina and Wake County Board of Education for the future construction of Fuquay-Varina Parkway. MOTION: Commissioner Adcock SECOND: Mayor Pro-Tem Massengill MOTION RESULTS: Passed Unanimously (5-0) Agenda Item No. 10.D: Preliminary Subdivision Plat - Holland Station Townhomes - SUB-PR-2017-12 Purpose – To consider a preliminary subdivision plat submitted by McKim and Creed called Holland Station Townhomes, located at 560 Judd Parkway SE. Staff Comments – Town Manager Mitchell advised that the submitted preliminary subdivision, Holland Station Townhomes, is located at 560 Judd Parkway SE on 21.866 acres in the Residential Medium Density Conditional Zoning District (RMD- CZD). Town Manager Mitchell then provided the following additional information. SUBDIVISION INFORMATION: The preliminary subdivision plat proposes a townhouse development with 110 lots. There is no minimum lot size for individual townhome units. Following the 15% open space dedication requirement for townhouse developments, a minimum of 3.28 acres of open space area is required. There are 6.77 acres of open space provided. TRANSPORTATION: Vehicular access to the project area is provided via public street connections to Holland Road and to Barneswyck Drive. The Town's 2006 Community Transportation Plan (CTP) requires widening of existing travel lanes as well as installation of curb and gutter and sidewalk where the property fronts Holland Road and Judd Parkway SE. The project will be required to dedicate half of a 100 foot right-of-way and construct half of a 70 foot section on Judd Parkway SE. A stub out street connection is provided for future development to adjacent property to the east, along Judd Parkway SE. 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 July 17, 2017 regular meeting, the Planning Board unanimously recommended approval. Board Discussion – There was no discussion from members of the Town Board regarding this matter. Recommendation – Approve the Holland Station Townhomes preliminary subdivision plat, SUB-PR-2017-12, located at 560 Judd Parkway SE as presented and recommended. MOTION: Commissioner Wunsch SECOND: Mayor Pro-Tem Massengill MOTION RESULTS: Passed Unanimously (5-0) Agenda Item No. 10.E: Preliminary Subdivision Plat - Black Creek Estates - SUB- PR-2016-15 Purpose – To consider a preliminary subdivision plat submitted by Stancil and Associates called Black Creek Estates, located at 1955 Eddie Howard Road. Staff Comments – Town Manager Mitchell advised that the submitted preliminary subdivision, Black Creek Estates, is located at 1955 Eddie Howard Road on 26.382 acres in the Residential Agricultural (RA) Zoning District. Town Manager Mitchell then provided the following additional information. SUBDIVISION INFORMATION: The preliminary subdivision proposes 24 residential lots meeting the standards for conventional subdivision developments. The minimum lot size permitted is 20,000 square feet, and the minimum provided is 22,939 square feet. TRANSPORTATION: Vehicular access to the project area is provided via a public street entrance onto Eddie Howard Road. Right-of-way improvements are required by the 2006 Town's Community Transportation Plan (CTP), to include curb and gutter and 5-foot sidewalk. This subdivision was submitted under the 2006 CTP. A stub street is proposed to the eastern boundary to provide for future connectivity. UTILITIES: Public water service will be installed by the developer. Public sewer service is not available. The proposed preliminary subdivision plat meets all Town requirements, as such management and staff recommend approval. At the July 17, 2017 regular meeting the Planning Board unanimously recommended approval. Board Discussion – Commissioner Adcock stated that he was disappointed that an adjoining property owner (Joanie Bowden) was asking for connectivity but it was not granted. Mayor Pro-Tem Massengill and Commissioner Gardner agreed with Commissioner Adcock. Commissioner Wunsch states that this is very frustrating because the subdivision plat meets the requirements but he too is disappointed about a stub street not being provided to Joanie Bowden’s property next door. Recommendation – Approve the Black Creek Estates preliminary subdivision plat, SUB-PR-2016-15, located at 1829 Eddie Howard Road as presented and recommended. Commissioner Adcock motioned to table action on the matter until the September 5, 2017, meeting. MOTION: Commissioner Adcock SECOND: Commissioner Wunsch MOTION RESULTS: Passed Unanimously (5-0) ****************************** OTHER BUSINESS A. Manager’s Report  Town has grown to the size in population to be invited to join the Metro Mayor’s Coalition – membership dues for this year is $8,089 which are already budgeted.  Referred to a letter from John Deere Turf Care thanking the Town for their recognition of their 20th anniversary celebration. B. Project Status Report – (August 2017) – Town Manager Mitchell reviewed several projects on the report.  C. Quarterly Report – 2nd Quarter 2017 D. Zoning Map Amendment - Glenn Futrell - 8701 Purfoy Road - PIN 0665899420 - REZ-2017-20 - (FIRST READING) - (Mitchell/Smith) E. Zoning Map Amendment - MA Engineering - 313 Railroad Street - PIN 0656991642 - REZ-2017-21 - (Mitchell/Smith) - (FIRST READING) ****************************** TOWN BOARD MEMBER COMMENTS Mayor Pro-Tem Massengill stated that he enjoyed covering duties for the Mayor during his scheduled summer vacation. Commissioner Adcock stated that he enjoyed the National Night Out event. He asked about the status of facility, gateway and way-finding signs. Communications Director Susan Weis stated that the project is being done in phases and in some instances public right-of-way must be acquired. Town Manager Mitchell stated that the project should be completed by the end of the fiscal year. Commissioner Harris stated that there has been some push back from the public on urban development and stated that the Town should investigate ways to blend rural areas in order to preserve some rural character. Town Manager Mitchell stated that the newly adopted Land Use Plan already addresses preservation of rural character to some extent with the designation of “Rural Residential” future land place types. Commissioner Wunsch stated that he enjoyed the National Night Out event, which had great attendance this year. He also stated that it was nice to hear members of the audience express their appreciation to staff regarding policy decisions. Commissioner Gardner stated that she knows of an instance where rural character was preserved on property that was sold in Apex, and the developers are preserving the barns on the property. She also stated that the John Deere 20th Anniversary Celebration was a nice event. She then commended Guardian Angel for donating $130,000 for Alzheimer’s research this year. Mayor Byrne thanked Mayor Pro–Tem Massengill for filling in for him during his absence. He also recognized Commissioner Wunsch and Mayor Pro-Tem Massengill, (along with himself), as those who were in attendance and are running in the 2017 Municipal Election. ****************************** CLOSED SESSION – Pursuant to N.C.G.S. 143-318.11(a)(3), as it relates to an attorney/client privilege matter, and pursuant to N.C.G.S. 143-318.11(a)(4), as it relates to Economic Development. A motion was made to enter into a closed session meeting at 10:36 p.m. MOTION: Commissioner Adcock SECOND: Mayor Pro-Tem Massengill MOTION RESULTS: Passed Unanimously (5-0) ****************************** OPEN SESSION – There was nothing to be reported out from the Closed Session meeting. ADJOURN A motion was made to adjourn the meeting at 11:20 p.m. MOTION: Mayor Pro-Tem Massengill SECOND: Commissioner Wunsch MOTION RESULTS: Passed Unanimously (5-0) Adopted this the 22nd day of August 2017 in Fuquay-Varina, North Carolina. FUQUAY-VARINA, NORTH CAROLINA John W. Byrne, Mayor ATTEST: (TOWN SEAL) Rose H. Rich, Town Clerk