Board of Commissioners

TOWN OF FUQUAY-VARINA BOARD OF COMMISSIONERS REGULAR MEETING SEPTEMBER 5, 2017 CALL TO ORDER Mayor John W. Byrne called the regular meeting of the Fuquay-Varina Board of Commissioners to order on September 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 Matthews Town Clerk Rose Rich Town Attorney Mark Cumalander ****************************** INVOCATION AND PLEDGE OF ALLEGIANCE Mayor Pro-Tem Massengill provided the invocation and Dee O’Brien and Lisa Hover (representatives of the local Out of Darkness Suicide Prevention Walk) led the Pledge of Allegiance. Mayor Byrne also recognized Reagan Perry Twilliger of Troop # 444. ****************************** APPROVAL OF THE MINUTES The August 22, 2017, minutes of the regularly scheduled Town Board of Commissioners meeting, were presented for approval. MOTION: Mayor Pro-Tem Massengill SECOND: Commissioner Adcock MOTION RESULT: Passed Unanimously (5-0) ****************************** PRESENTATIONS Agenda Item No. 4.A: Proclamation - National Suicide Prevention Week - September 10-16, 2017 Mayor Byrne proclaimed the week of September 10, 2017 as "National Suicide Prevention Week" in Fuquay-Varina, North Carolina and present his proclamation to representatives of the local Out of the Darkness Suicide Prevention Walk. ****************************** PUBLIC COMMENTS: There were no comments from the audience. ****************************** 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 continue the public hearing and 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, and then again on August 22, 2017, to allow additional time to complete utility easement acquisition. Public Hearing – Mayor Byrne declared the public hearing open and he asked if anyone wished to speak in favor of, or in opposition to the proposed annexation petition. No one chose to speak in favor of, or in opposition to the proposed annexation petition for ANX-2017-10. 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 an annexation ordinance to extend the corporate limits of the Town of Fuquay-Varina to include property owned by AREPS, LLC (ANX-2017-10) as presented and recommended. MOTION: Mayor Pro-Tem Massengill SECOND: Commissioner Wunsch MOTION RESULTS: Passed Unanimously (5-0) Ordinance No. N-17-29 Agenda Item No. 6.B: 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 preliminary subdivision, Black Creek Estates, is located at 1955 Eddie Howard Road on 26.382 acres in the Residential Agricultural (RA) Zoning District. 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 Planning Board meeting, the Planning Board unanimously recommended approval. At the August 7, 2017 regular Town Board meeting, the Town Board unanimously recommended to table consideration until the September 5, 2017 meeting. Board Member Discussion – Commissioner Adcock asked why the Board is approving a subdivision that is stubbing into a lot, instead of stubbing into a larger tract of land. Town Manager Mitchell stated that this lot is potentially developable and that some of the large tracts around it may not be likely to be any more likely to be developed. Planning Director Samantha Smith stated that the developer’s preference is to stub to the east, and it meets the technical requirements of the Town Code which does not require a stub for the number of lots in the subdivision. Commissioner Adcock stated that a larger tract of land may be more likely to be subdivided in the future, which would trigger a street connection. Mayor Pro-Tem Massengill asked if anything has changed on the plat submitted since the last time that it was discussed before the Town Board. Town Manager Mitchell stated that nothing has changed since the last meeting. Commissioner Wunsch stated that he would prefer to hear from the petitioner regarding the plans for this property. The petitioner was absent. Town Attorney Cumalander stated that the preliminary subdivision plat meets the guidelines, therefore the Town Board is put in the place to approve it, however it could be tabled to a date certain to gather technical clarification and additional information from the petitioner. Recommendation – Approve the Black Creek Estates preliminary subdivision plat, SUB- PR-2016-15, located at 1955 Eddie Howard Road as presented and recommended. MOTION: A motion was made and later amended by Commissioner Wunsch and seconded by Commissioner Adcock to table the item until September 19, 2017, Town Board meeting, in order to gather technical clarification and additional information from the petitioner. MOTION: Commissioner Wunsch SECOND: Commissioner Adcock MOTION RESULTS: Passed Unanimously (5-0) ****************************** PUBLIC HEARINGS: Agenda Item No. 7.A: Voluntary Annexation Petition - Stephen & Jodi Sgroi - 6500 Vintage Ridge Lane - PIN 0668536128 - ANX-2017- 05 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 Stephen & Jodie Sgroi, located at 6500 Vintage Ridge Lane, PIN 0668536128, containing approximately 0.7 acres. Staff Comments – Town Manager Mitchell advised that the subject property contains approximately 0.7 acres and it has road access at 6500 Vintage Ridge Lane. The property is non-contiguous to the Town's corporate limits; however, water and sewer is available to serve the property. Sewer is in the vicinity, however has not been extended down Vintage Ridge Lane and therefore could present a hardship to extend for an individual homeowner. The petitioner has signed an annexation agreement as it relates to the provision of Town services. At the August 22, 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 September 5, 2017. Public Hearing – Mayor Byrne declared the public hearing open and he asked if anyone wished to speak in favor of, or in opposition to the 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 – Mayor Pro-Tem Massengill asked if the proposed annexation property would receive all Town services except sewer. Town Manager Mitchell stated that all Town services with the exception of sewer would be provided. He stated that the reason that the property owners are requesting annexation is due to a contaminated well. Recommendation – Adopt the annexation ordinance to extend the corporate limits of the Town of Fuquay-Varina to include property owned by Stephen & Jodi Sgroi (ANX- 2017-05) as presented and recommended. MOTION: Mayor Pro-Tem Massengill SECOND: Commissioner Gardner MOTION RESULTS: Passed Unanimously (5-0) Ordinance No. N-17-33 Agenda Item No. 7.B: Zoning Map Amendment - Stephen & Jodi Sgroi - 6500 Vintage Ridge Lane - PIN 0668536128 - REZ-2017-19 Purpose – To consider a zoning map amendment (REZ-2017-19) for a total of 0.7 acres, located at 6500 Vintage Ridge Lane from the Wake County R-30 Zoning District to the Residential Agricultural (RA) Zoning District. The subject property is also known as Wake County PIN 0668536128. Staff Comments – Town Manager Mitchell advised that the subject property is currently within the Wake County R-30 Zoning District. The zoning map amendment petition is for a total of 0.70 acres. The subject property is within the Town's USA and is currently the subject of annexation petition, ANX-2017-05. The property is currently occupied by a single-family home. The petition is being made due to existing well water contamination. ZONING: The zoning map amendment petition requests approval of the Residential Agricultural (RA) Zoning District. A minimum lot size of 20,000-30,000 square feet is permitted in the RA Zoning District, depending upon utility availability. The district is intended for single-family residential development and agricultural use. SURROUNDING USE: The surrounding properties are within the single-family residential Vintage Ridge Subdivision. LAND USE PLAN: The 2035 Community Vision Land Use Plan calls for the Large-Lot Residential (LLR) Classification. This classification provides for residential development of up to one half acre in density. The requested zoning district is consistent with the Land Use Plan. UTILITIES: Public water will be made available to serve the subject property. TRANSPORTATION: The subject property has access onto Vintage Ridge Lane, a local street. NEIGHBORHOOD MEETING INFORMATION: The petitioner held a neighborhood meeting on June 26, 2017 at the subject property. The petitioner is available to provide additional information related to the neighborhood meeting. A summary of the neighborhood meeting provided by the petitioner is attached. RECOMMENDATION: Management and staff recommend approval of the proposed zoning map amendment, as it is reasonable and in the best interest of the public, for the following reasons: 1) An annexation petition, ANX-2017-05, is under consideration by the Town Board for the subject property, and includes provisions for connection to public water, warranting application of the Town's zoning. 2) The subject property is adjacent to the west and southwest of property within the Town's corporate limits and within the Residential Agricultural (RA) Zoning District. The zoning district requested is also RA and will provide for consistency in the zoning application of properties within the Vintage Ridge Subdivision where property is within the Town's corporate limits. 3) The requested zoning district is compatible with the Town's 2035 Community Vision Land Use Plan, which provides for a Large Lot Residential (LLR) Classification at the subject property. At the August 21, 2017 regular meeting, the Planning Board unanimously voted to recommend approval, finding it consistent with the 2035 LUP and reasonable and in the best interest of the public for the reasons identified by staff. Public Hearing – Mayor Byrne declared the public hearing open and he asked if anyone wished to speak in favor of, or in opposition to the zoning map amendment. No one chose to speak in favor of, or in opposition to the zoning map amendment for REZ- 2017-19. 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 REZ-2017-19, a zoning map amendment at 6500 Vintage Ridge Lane, from the Wake County R-30 Zoning District to the Residential Agricultural (RA) 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 management and staff. MOTION: Mayor Pro-Tem Massengill SECOND: Commissioner Wunsch MOTION RESULTS: Passed Unanimously (5-0) Agenda Item No. 7.C: Voluntary Annexation Petition - Rosemary M. Holland Property - 8701 Purfoy Road - PIN 0665899420 - ANX- 2015-15 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 Rosemary M. Holland, located at 8701 Purfoy Road, PIN 0665899420, containing 59.606 acres. Staff Comments – Town Manager Mitchell advised that the subject property contains approximately 59.606 acres and it has road access at 8701 Purfoy Road. The property is non-contiguous to the Town's corporate limits however water and sewer is available to the property. At the August 22, 2017 Town Board 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 September 5, 2017 Town Board meeting. Public Hearing – Mayor Byrne declared the public hearing open and he asked if anyone wished to speak in favor of the annexation petition. Mr. Tony Tate, 50115 South Park Drive, Durham, spoke in favor of the petition on behalf of the property owner. Mayor Byrne asked if anyone wished to speak in opposition to the proposed annexation petition. No one chose to speak in opposition to the annexation petition. Board Member Discussion – There was no discussion from members of the Town 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 Rosemary M. Holland (ANX- 2017-15) as presented and recommended. MOTION: Commissioner Gardner SECOND: Commissioner Harris MOTION RESULTS: Passed Unanimously (5-0) Ordinance No. N-17-34 Agenda Item No. 7.D: Zoning Map Amendment - Glenn Futrell - 8701 Purfoy Road - PIN 0665899420 - REZ-2017-20 Purpose – To consider a requested zoning map amendment for a total of 59.606 acres, located at 8701 Purfoy Road from the Wake County R-30 Zoning District to the Residential Medium Density Conditional Zoning District (RMD-CZD). The subject property is also known as Wake County PIN 0665899420. Staff Comments – Town Manager Mitchell advised that the subject property is currently within the Wake County R-30 Zoning District. The zoning map amendment petition is for a total of 59.606 acres. The subject property is within the Town's USA, is currently vacant, and is the subject of annexation petition ANX-2017-15. 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 medium density urban residential development. The petitioner is requesting site-specific conditions applicable 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 3.25 dwelling units per acre.  It is staff's understanding that the petitioner intends to consent to the conditions offered at the Planning Board meeting on August 21, 2017 as a part of the public hearing. SURROUNDING USE: Surrounding properties to the north and east are within the Holland Hills Subdivision, to the southwest is Old Waverly Subdivision, and to the west and southeast are undeveloped properties. LAND USE PLAN: The 2035 Community Vision Land Use Plan calls for Small-Lot Residential (SLR) at the subject property. The requested zoning district provides for an overall density at six (6) 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 has access onto Balkan Road and White Star Drive, both local streets. A future collector street bisects the property and a proposed greenway also crosses a portion of the property along a creek basin. Construction of both improvements will be required with future development of the property. NEIGHBORHOOD MEETING INFORMATION: The petitioner held a neighborhood meeting on June 13, 2017 at Destination Community Church, located at 7608 Purfoy Road. The petitioner is available to provide additional information related to the neighborhood meeting. A summary of the neighborhood meeting provided by the petitioner is attached. RECOMMENDATION: Management and staff recommend 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-2017-15, 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. At the August 21, 2017 regular meeting, the Planning Board voted 5-2 to recommend approval, finding it consistent with the 2035 Land Use Plan and reasonable and in the best interest of the public for the reasons identified by staff. Public Hearing – Mayor Byrne declared the public hearing open and he asked if anyone wished to speak in favor of the zoning petition. Mr. Tony Tate, 5011 South Park Drive, Durham, spoke on behalf of the petitioner. He stated that the petitioner has agreed to a condition to reduce the density on the development and limit it to 3.25 units per acre. He also stated that the developer will not allow construction traffic on the west side of the development at Holland Hills Drive. Mayor Byrne asked if anyone wished to speak in opposition to the proposed zoning map amendment. Mr. Richard Kelly-Crapse, 1524 Holland Hills Drive, Mr. Jeff Benoit, 8113 White Star Drive, Ms. Mary Ellen Kelly-Crapse, 1524 Holland Hills Drive, Ms. Elizabeth Boyles, 1535 Holland Hills Drive, Ms. Cindy Yuchas, 8113 White Star Drive, Ms. Judy Cecich, 8124 White Star Drive, Ms Dori Acker, 1557 Vemeer Street, and Ms. Joann Piantino, 8120 White Star Drive, all spoke in opposition to the propose zoning map amendment. Those speaking in opposition to the amendment expressed concerns regarding; 1) the negative affect of storm water run-off, 2) the need for lower density to at least ½ acre or more lots, 3) the potential negative impact on property values, traffic problems and concerns regarding the blind curve at the entrance of the subdivision, 4) the possibility of having a lower water table for adjacent resident on well water, and 5) the overcrowding of schools. Following comments with opposition, Mayor Byrne declared the public hearing closed. Board Member Discussion – Mayor Pro-Tem asked Town Manager to explain the requirements for storm water management. He stated that the Town Construction Standards requires management devices to be constructed to so that peak post- construction runoff does not exceed peak pre-construction runoff and therefore storm water would not negatively affect the adjacent property owners. Commissioner Wunsch stated that the 2013 Land Use Plan allows 6 units per acre for this area, and the offer of by the petitioner of 3.25 units per acres is slightly above the lowest density that would be consistent with the land use plan. Commissioner Gardner asked if there would be a traffic impact analysis for this development. Town Manager Mitchell stated that it is likely to be required based on the size of this development, which could trigger offsite improvements to other intersections. Commissioner Harris stated that a traffic impact analysis would speak to the safety concerns at the entrance of Holland Hills. Mayor Byrne offered that the Town just received a Fire Insurance rating of a Class 2, that gives residents the ability to have their insurance lowered. He stated that public amenities, such as greenways and fire hydrants in the vicinity of adjoining neighborhoods are open to the public and will have a positive impact on the neighboring properties. Commissioner Adcock stated that since the petitioner has offered conditions including lower density of 3.25 unit per acre, he would support their request. Recommendation – Approve REZ-2017-20, a zoning map amendment at 8701 Purfoy Road, from the Wake County R-30 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 management and staff. MOTION: Mayor Pro-Tem Massengill SECOND: Commissioner Adcock MOTION RESULTS: Passed Unanimously (5-0) Agenda Item No. 7.E: Zoning Map Amendment - MA Engineering - 313 Railroad Street - PIN 0656991642 - REZ-2017-21 Purpose – To consider a requested 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 Conditional Zoning District (DC- 2 CZD). The subject property is also known as Wake County PIN 0656991642. Staff Comments – Town Manager Mitchell advised that the subject property is within the Residential Medium Density Conditional Zoning District (RMD-CZD), and is currently vacant. The property is within the corporate limits of the Town. ZONING: The property is currently zoned RMD-CZD with conditions related to future development of the property being townhomes. The zoning map amendment petition requests approval of the Downtown Center-2 Conditional Zoning District (DC-2-CZD). The DC-2 Conditional Zoning District serves as a transitional area to the Downtown Center-1 Zoning District, which encompasses both downtowns. The district is primarily nonresidential retail, commercial and services uses, while also providing a multi-family density of up to 22 dwelling units per acre. The proposed conditional zoning limits permissible uses at the subject property and provides design controls. The petitioner is proposing conditions limiting future development of the subject property to the following uses: -Townhouse development -Park -Greenway -Mixed-Use Development -Live/Work Community -Commercial Daycare -Accessory Uses The following conditions regarding site specific standards are also proposed: 1) Right-in / right-out access to Railroad Street 2) Public street between North West Street and Railroad Street with sidewalk on both sides 3) New public street may have parallel parking if needed to meet parking requirements 4) Curb and gutter and sidewalk provided on North West Street and Railroad Street along frontage of property where possible 5) Install "porkchop" turnaround at terminus of North West Street onto property or an alley into the development, as approved by the Town 6) Dedication and construction of public greenway to wetlands limit pending public input and Town Board approval 7) 10 foot opaque buffer along adjacent parcels 8) Minimum 9 foot first floor ceiling height 9) Comply with articulation, roof and roof lines, color, and building material requirements 10) 80 townhome units maximum Town Staff recommends removal of: • The statement "if needed to meet parking requirements" from the parallel on- street parking provision. • The statement "where possible" from the curb and gutter and sidewalk provision. This removal recommendation is based on providing a street network that can adequately handle anticipated parking and travel needs and to ensure compliance with the Town's Land Development Ordinance and Standard Specification and Construction Details. SURROUNDING USE: Surrounding properties are used primarily for single lot residential development. A dog grooming and care facility is adjacent to the south. Adjacent to the north but separated by a barrier created by the railroad is a shopping center and the Town's Action Park. In the general vicinity are a variety of both residential and nonresidential uses. LAND USE PLAN: The 2035 Community Vision Land Use Plan calls for a Downtown (DT) Place Type (Classification) at the subject property. This district is intended to preserve the historic downtown commercial districts and the areas immediately surrounding them to provide for mixed-use development with residential and nonresidential uses on small blocks to extend the existing grid network and encourage pedestrian activity. The requested zoning district is compatible with the 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 Railroad Street and North West Street, both of which are classified as local streets by the Town's 2035 Community Transportation Plan (CTP). Neither of these streets are maintained by NCDOT, as such traffic counts are not available. NEIGHBORHOOD MEETING INFORMATION: The petitioner held a neighborhood meeting on July 27, 2017 at Fuquay CoWorking, located at 1000 North Main Street, Suite 102. The petitioner is available to provide additional information related to the neighborhood meeting. A summary of the neighborhood meeting provided by the petitioner is attached. ADDITIONAL INFORMATION: A recent zoning map amendment petition for the subject property for the conventional DC-2 Zoning District (no conditions) was withdrawn by the petitioner at the recommendation of the Town Board. RECOMMENDATION: Management and staff recommend 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 Downtown. The Downtown Place Type provides for only two (2) zoning districts, and the requested zoning district is the least intense of the two districts. 2. The requested zoning district will support the downtown districts, goals of the 2035 LUP, Downtown Center Plan, and the Town's Land Development Ordinance. 3. The zoning map amendment is reasonable and in the best interest of the public as it will provide for infill residential development to support the surrounding community and specifically the Town core, while providing for increased neighborhood connectivity. 4. The proposed conditions provide for limitations on use of the subject property to provide for increased compatibility with existing development in the surrounding area. 5. The proposed design controls serve to extend the Town's grid network and support existing infrastructure and investments in downtown. For the reasons identified by management and staff removal of the following is recommended:  • The statement "if needed to meet parking requirements" from the parallel on- street parking provision. • The statement "where possible" from the curb and gutter and sidewalk provision. During the August 21, 2017 regular meeting, the Planning Board unanimously voted to recommend approval, finding it consistent with the 2035 LUP and reasonable and in the best interest of the public for the reasons identified by staff. The petitioner agreed to the staff proposed amendments to the conditions at that time. Public Hearing – Mayor Byrne declared the public hearing open and he asked if anyone wished to speak in favor of the zoning petition. Petitioner and owner of the property; Mr. Arvin Maniktala of Maniktala Associates, PC, 8401 Caughdenoy Road, Clay, NY 13041, spoke in favor of the proposed zoning map amendment. He stated that the neighbors and adjacent property owners are happy with the proposed conditions. Mayor Byrne asked if anyone wished to speak in opposition to the proposed zoning map amendment for REZ-2017-21. No one chose to speak in opposition to the proposed zoning map amendment. Mayor Byrne declared the public hearing closed. Board Member Discussion – Commissioner Wunsch stated that he appreciates the petitioner going back and making conditions that the neighbors are in favor of. Recommendation – Approve REZ-2017-21, a zoning map amendment at 313 Railroad Street, from the Residential Medium Density Conditional Zoning District (RMD-CZD) to the Downtown Center-2 Zoning District Conditional Zoning District (DC-2-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 management and staff. MOTION: Commissioner Wunsch SECOND: Mayor Pro-Tem Massengill MOTION RESULTS: Passed Unanimously (5-0) ****************************** CONSENT AGENDA All items on the Consent agenda were approved except for Item B. Mayor Pro-Tem recused himself from this item. Agenda Item No. 8.A: Use of Town Property - Heritage Day 2018 - Friends of the Museum - Museums at Ashworth Park and Library Park - May 5, 2018 Purpose – To consider a request by the Friends of the Museums to use the Museums at Ashworth Park and Library Park for Heritage Day on May 5, 2018. Recommendation – Approve the request for use of Museums at Ashworth Park and Library Park for Heritage Day by the Friends of the Museums on May 5, 2018 as presented. Agenda Item No. 8B: Voluntary Annexation Petition - JWM-PB, LLC (D. Watson Adcock) Property - 6428 Johnson Pond Road - PIN 0677167308 - ANX-2015-17 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 September 19, 2017, following the receipt of a petition for voluntary annexation of property owned by JWM-PB, LLC (D. Watson Adcock Property), located at 6428 Johnson Pond Road, containing approximately 17.694 acres, PIN 0677167308. This item was removed from the Consent Agenda for further consideration. Agenda Item No. 8.C: Request to Use Town Property - South Park - Trinity Episcopal Church - Family and Community Empowerment Services Annual Walk - October 22, 2017 Purpose – To Use of the property is requested from 10:30AM – 1:30PM, including setup and cleanup time. The event will be held from 11:00AM – 1:00PM. The walk consists of laps around the track at South Park. The “Walk-a-thon” has been previously held at South Park the past three years. No street or parking lot closure is requested, and the park will remain open to the public. The estimated attendance of this event is 50 people. This request has been reviewed by the Town Manager and the Parks, Recreation & Cultural Resources Director. Both have recommended approval of this request. Recommendation – Approve the request for use of South Park for the Trinity Episcopal Church / Family and Community Empowerment Walk-a-thon on October 22, 2017 as presented and recommended. Agenda Item No. 8.D: Utility Allocation- Logan Meadow Subdivision Purpose – To consider a Utility Allocation request for the Logan Meadow Subdivision. Recommendation – Approve the Utility Allocation request for the Logan Meadow Subdivision for 3,600 gpd sewer and 3,600 gpd water, as presented and recommended. Agenda Item No. 8.E: Utility Allocation- Village at Lake Wheeler Subdivision Purpose – To consider a Utility Allocation request for Village at Lake Wheeler Subdivision. Recommendation – Approve the recommended utility allocation request for Village at Lake Wheeler Subdivision for 16,800 gpd sewer and 22,400 gpd water, as presented and recommended. Agenda Item No. 8.F: Temporary Street Closure - Hurricane Harvey Fundraiser - Original Strength Institute - September 12, 2017 Purpose – To consider a temporary street closure of Depot Street for a Hurricane Harvey Fundraiser Event scheduled for Tuesday, September 12, 2017, for the “Jigs for Pigs” event hosted by local downtown businesses. Recommendation – Approve a temporary street closure for a Hurricane Harvey Fundraiser Event scheduled for Tuesday, September 12, 2017 as presented and recommended. A motion was made to approve all items (A-F); with the exception of Item B, on the Consent Agenda as recommended. MOTION: Mayor Pro-Tem Massengill SECOND: Commissioner Adcock MOTION RESULTS: Passed Unanimously (5-0) ****************************** 9. ITEMS REMOVED FROM CONSENT AGENDA Agenda Item No. 8B: Voluntary Annexation Petition - JWM-PB, LLC (D. Watson Adcock) Property - 6428 Johnson Pond Road - PIN 0677167308 - ANX-2015-17 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 September 19, 2017, following the receipt of a petition for voluntary annexation of property owned by JWM-PB, LLC (D. Watson Adcock Property), located at 6428 Johnson Pond Road, containing approximately 17.694 acres, PIN 0677167308. MOTION TO RECUSE: Board Discussion – Mayor Pro-Tem Massengill requested that this item be removed from the Consent Agenda in order that the Town Board to recuse him from discussion or action on the matter due to having personal financial interest. MOTION: Commissioner Harris SECOND: Commissioner Wunsch MOTION RESULTS: Passed Unanimously (4-0) Commissioner Harris moved to forgo staff presentation of Agenda Item 8B, and moved the Town Board approve recommended motion. 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 September 19, 2017, for property owned by JWM- PB, LLC (D. Watson Adcock) Property (ANX-2017-17) as presented and recommended. MOTION: Commissioner Harris SECOND: Commissioner Wunsch MOTION RESULTS: Passed Unanimously (4-0) Resolution No. 17-1483 Resolution No. 17-1484 ADMINISTRATIVE REPORTS Agenda Item No. 10.A: Fee-In-Lieu - Highway 55 Improvements - Hidden Valley Subdivision Purpose – To consider approval of a request for Fee-In-Lieu of construction of thoroughfare improvements to NC 55 associated with the Hidden Valley Subdivision submitted by the Timmons Group on behalf of Pulte Homes in the amount of $190,778.38. Staff Comments – Town Manager Mitchell advised that The Town's Land Development Ordinance (LDO) requires thoroughfare dedication and construction for major subdivisions in accordance with the Community Transportation Plan. The LDO provides for fee-in-lieu as an option on the NC 55 and US 401 Corridors when there is a funded project in the NCDOT State Transportation Improvement Program (STIP) along the frontage of the developing property, or with a direct project impact to the developing property. NCDOT STIP Project R-5705, Improvements to Hwy 55 from Town of Angier to Jicarilla Lane, is programmed for Right of Way Acquisition in 2020 and Construction in 2022. The Hidden Valley frontage is within the study area of R-5705 and construction by NCDOT is expected to extend the improvements across Hidden Valley Subdivision's NC-55 frontage. NCDOT has not completed design, nor have they finalized a cross-section or alignment for this project. Town Staff has received and reviewed a fee-in-lieu request from Timmons Group on behalf of the developer, Pulte Homes. The estimated cost of the construction is $190,778.38. This is based on the cost of expanding NC 55 to the Town's Thoroughfare section (4-land divided on 120' ROW). This estimate was reviewed by the Director of Engineering and the costs were adjusted to reflect typical cost to the Town for this type of work. This cost includes final design and necessary permits and includes the 25% contingency factor in accordance with the LDO. The right of way will be dedicated with the recordation of the first phase of the subdivision as is required by the LDO. Town Staff has found this request to be acceptable and the cost estimate reasonable. The acceptance of fee-in-lieu aligns with the Town Board's intent to not require construction of improvement on major DOT corridors that could be subject to demolition and revision by DOT, thus increasing cost to DOT and wasting developer investments on improvements with no long-term value. A vicinity map, the cost estimate, design sheet, and fee-in-lieu request letter are attached for review. Town management and staff recommend acceptance of the proposed fee-in-lieu. The cost estimate is reasonable, and the request is exactly the specific circumstance contemplated when developing the ordinance. Acceptance of a fee-in-lieu for these improvements will allow the funding to go towards transportation improvements with long-term benefit to the neighborhood and Town as a whole. If approved, the Town will accept $190,778.38 that would be paid prior to the platting of Phase 1 of the Hidden Valley Subdivision. This funding would be set aside as a funding source for future transportation improvements. Board Discussion – There was no discussion from members of the Town Board regarding this matter. Recommendation – Approve the Fee-in-Lieu request for the Hidden Valley Subdivision as presented and recommended. MOTION: Commissioner Gardner SECOND: Commissioner Adcock MOTION RESULTS: Passed Unanimously (5-0) Agenda Item No. 10.B: Preliminary Subdivision Plat - Logan Meadow Subdivision - SUB-PR-2017-11 Purpose – To consider a preliminary subdivision plat submitted by Wynn Site Development called Logan Meadow, located at 0 SE Judd Parkway. Staff Comments – Town Manager Mitchell stated a preliminary subdivision, Logan Meadow, is located at 0 SE Judd Parkway on 4.64 acres in the Residential Low Density (RLD) Zoning District. SUBDIVISION INFORMATION: The preliminary subdivision plat proposes 12 residential lots meeting the standards for open space developments following the 25% open space dedication option. The minimum lot size permitted is 7,000 square feet and the minimum provided is 7,019 square feet, with an average lot size of 7,471 square feet. Following the 25% open space dedication option, a minimum of 1.14 acres of overall open space with 0.23 acres of common green area is required. The preliminary subdivision plat includes 1.80 acres of overall open space, with 0.39 acres of common green area provided. TRANSPORTATION: Vehicular access to the project is provided via a public street entrance onto SE Judd Parkway. Right-of-way improvements are required by the Town's 2006 Community Transportation Plan (CTP) to include curb and gutter, sidewalk, and dedication of half of a 100 foot right-of-way. This subdivision was submitted under the 2006 CTP. There is no stub street proposed as the subdivision is limited to 12 lots. UTILITIES: Public water and sewer services are available and will be installed by the developer. RECOMMENDATION: The proposed preliminary subdivision plat meets all Town requirements, as such management and staff recommend approval. At the August 21, 2017 regular meeting the Planning Board unanimously recommended approval. Board Discussion – Commissioner Adcock asked about the placement of the mail box kiosk. Planning Director Samantha Smith stated that the mail box kiosk will be placed at the end of the cul-de-sac on Logan Meadow Court. Recommendation – Approve the Logan Meadow preliminary subdivision plat, SUB-PR- 2017-11, located at 0 Judd Parkway SE as presented and recommended. MOTION: Mayor Pro-Tem Massengill SECOND: Commissioner Wunsch MOTION RESULTS: Passed Unanimously (5-0) Agenda Item No. 10.C: Preliminary Subdivision Plat - The Village at Lake Wheeler Subdivision - SUB-PR-2017-13 Purpose – To consider a preliminary subdivision plat submitted by Hopper Communities called The Village at Lake Wheeler, located at 8536 Lake Wheeler Road and 8600 Lake Wheeler Road. Staff Comments – Town Manager Mitchell stated that the preliminary subdivision, The Village at Lake Wheeler, located at 8536 and 8600 Lake Wheeler Road on 45.02 acres in the Residential Low Density Conditional Zoning District (RLD-CZD). SUBDIVISION INFORMATION: The preliminary subdivision plat proposes 106 residential lots meeting the standards for open space developments following the 25% open space dedication option. The minimum lot size permitted is 7,000 square feet and the minimum provided is 7,004 square feet, with the average lot size being 8,782 square feet. Following the 25% open space dedication option, a minimum of 10.28 acres of overall open space with 2.06 acres of common green area is required. There are 13.09 acres of overall open space with 2.06 acres of common green area provided. TRANSPORTATION: Vehicular access to the project area is provided via a public street entrance onto Lake Wheeler Road. Lake Wheeler Road is classified as a 100 foot right- of-way by the 2006 Community Transportation Plan (CTP), which was in effect when this plan was submitted. Lake Wheeler Road is identified as a four (4) lane, median divided thoroughfare, with an ultimate design capacity of 24,400 average daily trips (ADT). It is currently a two (2) lane road with a design capacity of 13,400 ADT. This subdivision development requires dedication of half of the 100 foot right-of-way and construction of curb and gutter, sidewalk and required travel lanes, as shown on the preliminary plat. The 2015 NCDOT traffic counts indicate a volume of 6,700 ADT on Lake Wheeler Road near the intersection with Optimist Farm Drive. An additional 3.48 acres along the project site's southwest boundary has been reserved for the future NC 540 expansion. Two stub streets are proposed for this development. The first is to the northern boundary and will provide a connection to the Cross Timber Lane stub street in the existing subdivision, Blaney Farms South. The second stub street, located on the western boundary, will provide for future connectivity. UTILITIES: Public water and sewer services are available to serve the subject property and will be installed by the developer. RECOMMENDATION: The proposed preliminary subdivision plat meets all Town requirements, as such management and staff recommend approval. At the August 21, 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 The Village at Lake Wheeler preliminary subdivision plat, SUB-PR-2017-13, located at 8536 Lake Wheeler Road and 8600 Lake Wheeler Road as presented and recommended. MOTION: Commissioner Harris SECOND: Commissioner Adcock MOTION RESULTS: Passed Unanimously (5-0) Agenda Item No. 10.D: Preliminary Subdivision Plat - Crown Village Subdivision - SUB-PR-2017-14 Purpose – To consider a preliminary subdivision plat submitted by Crown Builders and Developers of NC, LLC called Crown Village, located at 6513 Mims Road. Staff Comments – Town Manager Mitchell advised that the submitted preliminary subdivision, Crown Village, is located at 6513 Mims Road on 9.23 acres in the Residential Agricultural (RA) Zoning District. SUBDIVISION INFORMATION: The preliminary subdivision plat proposes 10 residential lots meeting the standards for conventional subdivision developments. The minimum lot size is 20,000 square feet and the minimum provided is 21,014 square feet. TRANSPORTATION: Vehicular access to the project area is provided via a public street entrance onto Mims Road. The Town's 2006 Community Transportation Plan (CTP) requires widening of half of the existing travel lanes where the property fronts Mims Road. There is no stub street required for future connectivity as the proposal calls for 10 lots. UTILITIES: Public water service will be installed by the developer. Public sewer service is not available and private septic tanks will be provided. Lot 10 will be served by an off-site septic tank located on Lot 10A, an undevelopable lot. RECOMMENDATION: The proposed preliminary subdivision plat meets all Town requirements, as such management and staff recommend approval. At the August 21, 2017 regular meeting the Planning Board unanimously recommended approval. Board Discussion – Commissioner Adcock asked if there would be a “Welcome to Fuquay-Varina” sign placed on Mims Road. Town Manager Mitchell stated that there will be a “Town Limits” sign placed on Mims Road soon. Recommendation – Approve the Crown Village preliminary subdivision plat, SUB-PR- 2017-14, located at 6513 Mims Road as presented and recommended. MOTION: Commissioner Wunsch SECOND: Commissioner Gardner MOTION RESULTS: Passed Unanimously (5-0) Agenda Item No. 10.E: FEMA - PDM and FMA Grant Opportunities - Fuquay Mineral Spring Park - Stream Bank Restoration Project Purpose – To present information on and receive input from the Town Board regarding a potential FEMA grant application for stream bank restoration at the Fuquay Mineral Spring Park. Staff Comments – Town Manager Mitchell advised that the Town of Fuquay-Varina’s Mineral Spring Park contains a FEMA floodplain that runs through the park and makes a 90 degree turn within the park before crossing underneath US 401 (Main Street). The Town is submitting to FEMA a request for funding to aid the Town in stabilizing the erosion that is occurring along the stream bank, particularly the bank which is adjacent to Spring Street. Spring Street sits directly atop the stream’s embankment. The stream has required extensive maintenance work to prevent and repair damage and erosion during the last 17 years. The stream’s drainage basin area is approximately a square mile and largely contains older development, which predate the Town's current storm water regulations. This basin has proven to be prone to flash flooding in the area within and near Fuquay Mineral Spring Park. The stream embankment requires constant maintenance to avoid further degradation and causing a potential risk to public safety and infrastructure. The Town's maintenance efforts have mitigated imminent risks to the safety of the public. However, storm events such as Hurricane Matthew and numerous heavy thunderstorms have continued to erode the stream bank, exposing vulnerabilities that require more substantive measures to keep the stream bank/road embankment from failing and exposing water and sewer lines. Town Staff is seeking input from the Town Board regarding the submission of a FEMA grant application for the Fuquay Mineral Spring Park Streambank Restoration Project. During recovery from Hurricane Matthew, Town staff developed a plan for a long-term solution for the stream banks within the park. While the stream bank erosion did not qualify for FEMA recovery funding associated with Hurricane Matthew, due primarily to having occurred over multiple storm events, mitigation funding is available on a competitive basis through FEMA. This grant program is competitive and Town Staff feels that this project would compete well. The grant program requires a 25% match of the total project cost. The project cost estimate is approximately $562,877, which if awarded would require a Town match of $140,719. A proposed grant application, cost estimate, and vicinity map are included for reference. It should be noted that Town staff will be identifying this project as an unmet need with the State of North Carolina, and will seek any available state funding opportunities that may help offset the Town's financial obligation for the project. If the Town Board is interested in pursuing grant funding, funding (~$140,719) will be identified during the FY 2018-2019 budget process to meet the Town’s cash match obligation. If awarded, funding would become available in October 2018. Board Discussion – Mayor Pro-Tem Massengill stated that this is a move in the right direction. Recommendation – Authorize management and staff to submit the FEMA Pre-Disaster Mitigation and Flood Mitigation Assistance 75/25 grant applications for the Fuquay Mineral Spring Park stream bank restoration project as presented and recommended. MOTION: Mayor Pro-Tem Massengill SECOND: Commissioner Wunsch MOTION RESULTS: Passed Unanimously (5-0) ****************************** OTHER BUSINESS A. Manager’s Report – Reported on the status of various projects and damage from a previous hail storm at the Public Service Center – total of 26 Town vehicles damaged and damage in the South Lakes Subdivision. Town Manager Mitchell also highlighted several upcoming events and activities taking place in Town departments. B. Project Status Report – (September 2017) C. FM2FV Concert - Liquid Pleasure - Thursday, September 7, 2017 - 6:30 p.m. - Centennial Square D. 9/11 National Day of Service and Remembrance - September 11, 2017 - 8:30 a.m. - 10:00 a.m. - Town Hall E. Parks, Recreation, and Cultural Resources Facility Master Plan Public Input Meeting - September 11, 2017 - 6:00 p.m. - 8:00 p.m. - Fuquay-Varina Community Center F. Candidate Forum - Hosted by the Fuquay-Varina Chamber of Commerce - September 12, 2017 - 6:00 p.m. - 8:00 p.m. - Windsor Point G. Coffee with a Cop - The Mill - Wednesday, September 13, 2017 - 9:00 - 11:00 am H. Fuquay-Varina Chamber of Commerce - Membership Appreciation Social - Thursday, September 14, 2017 - 5:30 p.m. - 8:00 p.m. - Bob Barker Retreat Center I. Zoning Map Amendment - Mauldin Watkins Surveying - 114 N West Street - PIN 0656887042 - REZ-2017-23 - (FIRST READING) - (Mitchell/Matthews/Smith) J. Zoning Map Amendment - Meritage Homes - 1339 Old Honeycutt Road - PIN 0676474253 - REZ-2017-22 - (FIRST READING) - (Mitchell/Matthews/Smith) K. Zoning Map Amendment - Smith Douglas Homes - 5006 Pond Water Road, 5404 Old Powell Road, and 0 Three Ponds Drive - PINs 0657235926, 0657149593, 0657149897 - REZ-2017-26 - (Mitchell/Matthews/Smith) - (FIRST READING) L. Zoning Map Amendment - Joyner Keeny - 6130 S NC 55 HWY - PIN 0676195209 - REZ-2017-25 - (Mitchell/Matthews/Smith) - (FIRST READING) • Town Manager Mitchell stated that Mayor Byrne corresponded with Wake County that the Town Board supports the Wake County Regional Park at Crooked Creeks, but not at the expense of risking funding for the South Lakes Elementary School Project. • Town Manager Mitchell also gave a handout of the Town’s new map and information sheet prepared for downtown areas showing development opportunities and sites in the downtown area.  ****************************** TOWN BOARD MEMBER COMMENTS Mayor Pro-Tem Massengill stated that his son Jake had his first day at preschool. Commissioner Adcock stated that he appreciates the Town Manager’s update on the South Wake Park Project. Commissioner Harris stated that he had a great time at Lincoln Heights Elementary School for the Million Father March school opening. Commissioner Wunsch stated that he appreciates the great job the Department Directors are doing. He also attended the last day open of the Splash Pad’s third season. Commissioner Gardner stated that she was grateful for the proclamation that the Mayor read and presented on Suicide Prevention. Mayor Byrne stated for next year he would like to see the Splash Pad open earlier in the season on weekends before it actually opens for the summer. He stated that he is proud of the improvements made at Lincoln Heights and the redesign of the student drop off loop which allow vehicles to flow in and out with ease. ****************************** CLOSED SESSION – Pursuant to N.C.G.S. 143-318.11(a)(3) – Attorney Client Privilege and N.C.G.S. 143-318.11(a)(4) – Economic Development A motion was made to enter into a closed session meeting at 9:48 p.m. MOTION: Mayor Pro-Tem Massengill SECOND: Commissioner Wunsch MOTION RESULTS: Passed Unanimously (5-0) OPEN SESSION – There was nothing to report out from the Closed Session meeting. ADJOURN A motion was made to adjourn the meeting at 10:55 p.m. MOTION: Mayor Pro-Tem Massengill SECOND: Commissioner Wunsch MOTION RESULTS: Passed Unanimously (5-0) Adopted this the 19th day of September 2017 in Fuquay-Varina, North Carolina.  FUQUAY-VARINA, NORTH CAROLINA John W. Byrne, Mayor ATTEST: (TOWN SEAL) Rose H. Rich, Town Clerk