Board of Commissioners

TOWN OF FUQUAY-VARINA BOARD OF COMMISSIONERS REGULAR MEETING NOVEMBER 21, 2017 CALL TO ORDER Mayor John W. Byrne called the regular meeting of the Fuquay-Varina Board of Commissioners to order on November 21, 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: Assistant Town Manager Matthews Deputy Town Clerk Wilder Deputy Town Attorney James Adcock (Town Manager Mitchell absent due to surgery) ****************************** INVOCATION AND PLEDGE OF ALLEGIANCE Commissioner Gardner provided the invocation and Police Chief Fahnestock led the Pledge of Allegiance. ****************************** APPROVAL OF THE MINUTES The November 6, 2017, minutes of the regularly scheduled Town Board of Commissioners meeting, were presented for approval. MOTION: Mayor Pro-Tem Massengill SECOND: Commissioner Wunsch MOTION RESULT: Passed Unanimously (5-0) ****************************** PRESENTATIONS There were no presentations for the November 21, 2017 Board meeting. ****************************** PUBLIC COMMENTS: There were no comments from the public. ****************************** ITEMS TABLED FROM PREVIOUS MEETING: Agenda Item No. 6.A: Zoning Map Amendment - Don Wellons - 6130 S NC 55 - PIN 0676195209 - REZ-2017-25 Purpose – The purpose of this agenda item is to continue a public hearing and consider a requested zoning map amendment for a total of 25.425 acres, located at 6130 S NC 55 Highway, from the Residential Medium Density (RMD) Zoning District (7.365 acres), Research Light Industrial (RLI) Zoning District (12.915 acres), and General Commercial (GC) Zoning District (5.145 acres) to the Residential Medium Density (RMD) Zoning District (9.478 acres), Research Light Industrial (RLI) Zoning District (11.584 acres), and General Commercial (GC) Zoning District (4.364 acres ). The subject property is also known as Wake County PIN 0676195209. Staff Comments – Assistant Town Manager Matthews advised that the subject property is currently split-zoned, within three of the Town's Zoning Districts: Residential Medium Density (RMD) Zoning District; Research Light Industrial (RLI) Zoning District; and General Commercial (GC) Zoning District. The subject property is within the Town's corporate limits and is currently vacant. He then provided the following additional information: ZONING: The zoning map amendment petition requests approval to modify the existing zoning district boundaries within the subject property. The proposed boundaries will eliminate small, land-locked areas created by existing water features so that the zoning boundary lines follow the boundaries of the water features. SURROUNDING USE: Surrounding properties to the west are within the Lakestone Village subdivision and within Willow Creek subdivision to the south. A storage facility and a vacant lot is to the north of the subject property. The property to the east is comprised of mobile homes. LAND USE PLAN: The 2035 Community Vision Land Use Plan (LUP) calls for a Mixed- Use Neighborhood, which is intended to provide a mixture of residential and commercial uses. This development is typically walkable, provides a transition to surrounding land uses, and must be at least four (4) dwelling units per acre. UTILITIES: Public water and sewer lines run along S NC 55 Hwy and are available with future development of the subject property. TRANSPORTATION: The subject property has access onto S NC 55 Highway, which is classified by the 2035 Community Transportation Plan (CTP) as four (4) lane, median divided cross-section within a 120-foot right-of-way. The subject property also includes extension of existing Old Bramble Lane as a collector street with future development. NEIGHBORHOOD MEETING INFORMATION: A neighborhood meeting was held by the petitioner at the property, on Old Bramble Lane in the Lakestone Subdivision. The meeting occurred on Wednesday, August 16, 2017 from 6:00 PM until 6:30 PM. At the request of the Planning Board, the petitioner conducted a second neighborhood meeting on Wednesday, October 4, 2017 from 6:00 PM until 6:45 PM. Both meeting reports are attached and Town Manager Mitchell advised that the petitioner was available to provide additional information related to either neighborhood meeting. RECOMMENDATION: Assistant Town Manager Matthews advised that staff recommends approval of the proposed zoning map amendment. He reported that 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 designations of Light Industrial and Mixed-Use Neighborhood., providing a variety of potential uses on the subject property in consistency with the intent of the district. 2) The requested zoning map amendment provides for slight adjustments to each of the three (3) zoning districts existing on the subject property so that the zoning boundaries correlate with the logical termination of future development within each of the districts. ADDITIONAL INFORMATION: At the September 18, 2017 regular meeting, the Planning Board unanimously voted to continue the public hearing to their October 16, 2017 meeting to allow for further dialogue between the petitioner and neighboring community. A potential discrepancy was identified between information provided during the petitioner's neighborhood meeting and the Town's 2035 Community Transportation Plan. Town staff discussed the requirements associated with future development of the property with the developer so that further dialogue between the petitioner and neighboring community could be productive. In addition to the zoning petition under consideration, the developer also has a site plan in review for the portion of the property included in the industrial zoning. That site plan was submitted prior to the adoption of the 2035 Community Transportation Plan (CTP), which means that the requirements of the CTP are not applicable to development of the portion of subject property within the Research Light Industrial (RLI) Zoning District. This is likely to result in a "gap" in the required collector street identified in the 2035 CTP, should the site plan be approved. Contrary to what was stated in the September 21, 2017 letter sent by the petitioner to property owners, the extension of Old Bramble Lane to Highway 55 is currently reflected on the 2035 CTP map, and was correctly reflected at the September 18, 2017 Planning Board Meeting. In the future when the portion of area included in the residential zoning is developed, it will have to meet whatever ordinances and plans are in place at that time. Currently, the CTP does show that collector street, but any development of the residential zoning would necessitate extension of Old Bramble Ln in one manner or another. Because the intervening industrial site development will not be providing extension of the street, assuming it is built according to the submitted site plan, it is unlikely that any extension of Old Bramble Lane would ever continue to NC Hwy 55. It is more likely that the extension of Old Bramble Lane would connect to additional residential development. If this connection is found to be no longer of public benefit in the future, it is possible the CTP collector network map may be revisited. Assistant Town Manager Matthews stated that for the collector streets that the zoning boundary line had been cleaned up. He stated that Old Bramble Lane to Highway 55 South would not be extended with the exception of a possible extension within the portion of property that is zoned residential. He stated that staff was re-evaluating the collector streets in the 2035 plan and an amendment will be coming to the Town Board in the future. 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 from the public spoke in favor of or in opposition to the zoning map amendment and Mayor Byrne subsequently closed the public hearing. Board Member Discussion – Commissioner Adcock and Mayor Pro-Tem Massengill stated that all their questions have been answered by staff. Recommendation – Approve REZ-2017-25, a zoning map amendment at 6130 S NC 55 Highway, from the Residential Medium Density (RMD) Zoning District (7.365 acres), Research Light Industrial (RLI) Zoning District (12.915 acres), and General Commercial (GC) Zoning District (5.145 acres) to the Residential Medium Density (RMD) Zoning District (9.478 acres), Research Light Industrial (RLI) Zoning District (11.584 acres), and General Commercial (GC) Zoning District (4.364 acres ) 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: Commissioner Adcock SECOND: Commissioner Harris MOTION RESULTS: Passed Unanimously (5-0) ****************************** PUBLIC HEARINGS: There were no public hearings scheduled for the November 21, 2017 Board meeting. ****************************** CONSENT AGENDA Agenda Item No. 8.A: Fee Schedule Amendment - Secondary Recycle Carts and Civil Penalties Purpose – To consider a fee schedule amendment, accounting for secondary recycle carts for residential customers, and civil penalties for violations of the Town's Code of Ordinances. Recommendation – Approve the proposed amendment to the adopted 2018 Fiscal Year Fee Schedule, amending the fee for secondary recycle carts and adding civil penalties, as proposed by management and staff. Agenda Item No. 8B: Budget Temporary Street Closures – Tree Lighting Event – Town of Fuquay-Varina – November 30, 2017 Purpose – To consider temporary street closures for the Town of Fuquay-Varina Tree Lighting scheduled for Thursday November 30, 2017. Recommendation – Approve temporary street closures for the 2017 Town of Fuquay- Varina Tree Lighting scheduled for Thursday, November 30, 2017 as presented. Board Member Discussion – While no motion was made to pull any items from the Consent Agenda, Mayor Pro Tem Massengill addressed questions to staff regarding the cost of recycling carts versus garbage carts. Assistant Town Manager Matthews stated that the cost of recycling and garbage carts to the town were $75. Management is comfortable recommending the reduced rate for recycling carts at $25, as the Town supports recycling and the cost would be recouped over time due to the recycling contract versus solid waste tipping fees. A motion was made to approve all items (A-B) on the Consent Agenda as recommended. MOTION: Commissioner Wunsch SECOND: Commissioner Adcock MOTION RESULTS: Passed Unanimously (5-0) ****************************** ADMINISTRATIVE REPORTS There were no administrative reports for the November 21, 2017 Board meeting. ****************************** OTHER BUSINESS A. Manager’s Report Assistant Town Manager Matthews stated the following: • Fuquay-Varina Police Officer Sgt. Brett Walsh was selected as the Law Enforcement Officer of the Year from the Americanism Committee of the Department of NC American Legion. • Chief Fahnestock will be in some of Wake Technical Community College marketing materials. • Fire Chief Mauldin will be back to work on Monday, November 27 th after his surgery. Thanked Deputy Chief Jones for an excellent job while the Fire Chief has been on medical leave. • Town Manager Mitchell continues to improve from his surgery. • Town Offices will be closed on Thursday, November 23rd and Friday, November 24th. • Tree lighting ceremony will be held on Thursday, November 30th at 6:00 pm. This year we will have ice skating along with the sleigh rides. • December 3rd is the Fuquay-Varina Christmas Parade • December 4th will be the oath of office ceremony for the re-elected officials B. Zoning Map Amendment - Mauldin Watkins Surveying - 8405 Fayetteville Road - PIN 0689852343 - REZ-2017-28 - (FIRST READING) C. Zoning Map Amendment - Louie Levert - 511 S Main Street - PIN 0656956305 - REZ-2017-27 - (Mitchell/Matthews/Smith) - (FIRST READING) D. Zoning Map Amendment - Christ's Sanctified Holy Church Foundation One, LLC - 10005 Fayetteville Road - PIN 0688445726 - REZ-2017-29 - (FIRST READING) ****************************** TOWN BOARD MEMBER COMMENTS Mayor Pro-Tem Massengill – stated that he is the proud dad of a baby girl, Anna Lilly Massengill. Born on November 10th at 11:36 am. She weighed 7 lbs. 3 oz. and was 21” long. He also attended the AIG program at Ballentine Elementary. They had a project on how to minimize gray water and they have won first place and will be attending regionals. Commissioner Adcock – congratulated the Mayor, Commissioner Massengill and Commissioner Wunsch on their re-election to the Town Board. Thankful the sun still shines bright in Fuquay-Varina. Commissioner Harris - congratulated the Mayor, Commissioner Massengill and Commissioner Wunsch on their re-election to the Town Board. He also attended the National League of Cities conference in Charlotte. He attended several workshops at the conference and he looks forward to sharing with the Town Board. Commissioner Wunsch – thanked the Town Board for remembering the passing of his grandfather. He also stated that his mother-in-law had suddenly passed away last night. He stated he is excited to serve with the entire Board, Mayor Byrne and Commissioner Massengill again. Commissioner Gardner – congratulated the Mayor, Commissioner Massengill and Commissioner Wunsch on their re-election to the Town Board. She also attended the National League of Cities conference in Charlotte. She attended several workshops at the conference and she looks forward to sharing with the Town Board. Mayor Byrne – Stated that at the December 4, 2017 Town Board meeting he will be making appointments to Planning Board and Board of Adjustment. He has attended various meetings during the last two weeks. He also stated that there is a charter school coming to Town. He said that he was very proud of the Town Board and Board members for how they ran and presented themselves during the election. He said that we have the best Town Board ever. Mayor Byrne asked the Town Board to ratify his appointment of Alex Rickard as the in-town alternate member to the Planning Board MOTION: Commissioner Wunsch SECOND: Commissioner Gardner MOTION RESULTS: Passed Unanimously (5-0) ****************************** CLOSED SESSION – Pursuant to N.C.G.S. 143-318.11 (a) (3) - Attorney Client Privilege, N.C.G.S. 143-318.11 (a) (4) - Economic Development, and N.C.G.S. 143- 318.11 (a) (5) Property Acquisition A motion was made to enter a closed session meeting at 7:48 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 9:09 p.m. MOTION: Mayor Pro-Tem Massengill SECOND: Commissioner Wunsch MOTION RESULTS: Passed Unanimously (5-0) Adopted this the 4th day of December 2017 in Fuquay-Varina, North Carolina. FUQUAY-VARINA, NORTH CAROLINA John W. Byrne, Mayor ATTEST: (TOWN SEAL) Rose H. Rich, Town Clerk