Board of Commissioners

TOWN OF FUQUAY-VARINA BOARD OF COMMISSIONERS REGULAR MEETING NOVEMBER 4, 2019 CALL TO ORDER Mayor John W. Byrne called the regular meeting of the Fuquay-Varina Board of Commissioners to order on November 4, 2019 at 7:00 p.m. Commissioners Present: Blake Massengill (Mayor Pro-Tem) Bill Harris Marilyn Gardner Jason Wunsch Larry Smith Commissioners Absent: None Others Present: Assistant Town Manager Matthews Deputy Town Clerk Teresa Wilder Town Attorney James Adcock Town Manager Adam Mitchell (Absent - Medical) Town Clerk Rose Rich (Absent - Excused) ****************************** INVOCATION AND PLEDGE OF ALLEGIANCE Commissioner Gardner provided the invocation and Wyatt Radbill, Sebastian Favant, Max Koliadko, Braden Labrecque, Calum Connelly and Tyler Sigmon with Boyscout Troop 320 led the Pledge of Allegiance. ****************************** APPROVAL OF THE MINUTES The October 22, 2019 minutes of the regularly scheduled meeting of Town Board of Commissioners were presented and recommended for approval. MOTION: Mayor Pro-Tem Massengill SECOND: Commissioner Wunsch MOTION RESULT: Passed Unanimously (5-0) ****************************** PRESENTATIONS There were no presentations for the November 4, 2019 Town Board meeting. ****************************** PUBLIC COMMENTS: There were no public comments for the November 4, 2019 Town Board meeting. ****************************** AMENDMENT TO AGENDA A motion to amend the agenda to consider 10D – Payment-in-Lieu Agreement – Pulte Homes Company, LLC in advance of Items Tabled from a Previous Meeting MOTION: Mayor Pro-Tem Massengill SECOND: Commissioner Wunsch MOTION RESULTS: Passed Unanimously (5-0) Agenda Item No. 10D: Payment-in-Lieu Agreement - Pulte Home Company, LLC Purpose – To consider a Payment-in-Lieu Agreement between the Town of Fuquay-Varina and Pulte Home Company, LLC for a portion of Fuquay-Varina Parkway. Staff Comments – Assistant Town Manager Matthews entered the agenda abstract and supporting documents for this agenda item into the official record of the Town. He advised that Fuquay-Varina Parkway (formerly Eastern and Western Parkways) has been identified as a vital corridor toward the long-term success of the Town's transportation network and has been included in the Town's transportation planning efforts for decades, including in the Town's most recent Community Transportation Plan (CTP). Assistant Town Manager Matthews reported that a CTP amendment proposes to relocate a portion of southern Fuquay-Varina Parkway to avoid significant environmental and social impacts, and to reduce construction costs. He stated that the CTP amendment relocates the corridor to the "Truelove Tract”. He further stated that Pulte Home Company, LLC, by way of the payment-in-lieu agreement under consideration, has committed to purchase this portion of the Truelove Tract, dedicate right-of-way for Fuquay-Varina Parkway, and either construct or provide a payment-in-lieu for 125% of the cost to construct the Parkway. Assistant Town Manager Matthews advised that Town staff and management are recommending approval. Discussion – Mayor Byrne asked what the length of the road will be. Representatives for the petitioner stated that it would be one-half to one mile. Mayor Byrne advised that the developer is making a considerable investment to the transportation network and he thanked Pulte Homes Company for their commitment. Recommendation – Approve the Payment-in-Lieu Agreement between the Town of Fuquay-Varina and Pulte Home Company, LLC, as presented and recommended. MOTION: Mayor Pro-Tem Massengill SECOND: Commissioner Gardner MOTION RESULTS: Passed Unanimously (5-0) ****************************** ITEMS TABLED FROM PREVIOUS MEETING: Agenda Item No. 6A: Voluntary Annexation Petition - Truelove Property - 7650 Truelove Road - PIN 0675152846 - ANX-2019-09 Purpose – To continue the public hearing and to consider an annexation ordinance extending the corporate limits of the Town of Fuquay-Varina of property owned by Thomas Van Truelove and Truelove Enterprises, LLC located at 7650 Truelove Road, Willow Spring, containing a total of 37.051 acres. Staff Comments – Assistant Town Manager Matthews entered the agenda abstract and supporting documents for this agenda item into the official record of the Town. The property contains approximately 37.051 acres and has road access at 7650 Truelove Road. The property is contiguous to the Town's corporate limits where water and sewer is available to the property. Public Hearing – The public hearing was opened and continued from a previous meeting. No one chose to speak in favor or in opposition to the voluntary annexation petition. The public hearing was closed. 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 Thomas Van Truelove and Truelove Enterprises, LLC (ANX-2019-09), as requested and recommended. MOTION: Mayor Pro-Tem Massengill SECOND: Commissioner Harris MOTION RESULTS: Passed Unanimously (5-0) Agenda Item No. 6B: Zoning Map Amendment - Stephens Road Partners, LLC - 7650 Truelove Road - PIN 0675152846 - REZ-2019- 20 Purpose – To consider a requested zoning map amendment for a total of 36.113 acres, located at 7650 Truelove Road, from the Wake County R-30 District to the Residential Medium Density Conditional Zoning District (RMD-CZD). Staff Comments – Assistant Town Manager Matthews entered the agenda abstract and supporting documents for this agenda item into the official record of the Town. The subject property totals 36.113 acres and is located in the Town's urban service area (USA). The zoning map amendment petition requests approval of the Residential Medium Density Conditional Zoning District (RMD-CZD), which is intended to permit proposed medium-density residential development and existing single-family detached dwelling units, duplex, triplex or quadplex residential uses. The petitioner is requesting the following conditions applicable to the use of the subject property as follows: 1) Residential Uses 2) Public & Civic Uses The petitioner has requested the following site-specific conditions be made applicable to the subject property: 1) The developer shall provide a 25' undisturbed buffer (except for allowable street, drainage and utility penetrations) along the northern property line with evergreen planting supplements to achieve a Type B screen. 2) For all structures, vinyl siding is not permitted; however, vinyl windows, decorative elements, and trim are permitted. 3) If the land is developed as a Residential Open Space Development in accordance with Part 9, Article F of the Land Development Ordinance, the minimum amount of open space provided shall be 25%. 4) The density for residential uses shall not exceed 3.25 dwelling units per gross acre. 5) All residential garage doors shall have either windows, decorative details, or carriage-style adornments. 6) In order to promote home style variation in appearance, no residential home can be constructed with an exterior elevation (front facade) or color palette that is identical to the home on either side or directly across the street from it. 7) Townhomes, Duplexes, and Multi- Family Housing will not be allowed. The 2035 CTP indicates a future collector street bisecting the property, which is required to be constructed with any future development and will provide additional access from Kingsdale Drive and Fox Chapel Place, a newly constructed collector street from the Hidden Valley Subdivision to the south of the subject property. Public Hearing – The public hearing was opened and continued from a previous meeting. No one chose to speak in favor or in opposition to the zoning map amendment. The public hearing was closed. Discussion – There was no discussion from members of the Town Board regarding this matter. Recommendation – Approve REZ-2019-20, a zoning map amendment at 7650 Truelove Road, from the Wake County R-30 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: Commissioner Wunsch SECOND: Commissioner Smith MOTION RESULTS: Passed Unanimously (5-0) Agenda Item No. 6C: Community Transportation Plan Amendment - Stephens Road Partners, LLC - CTA-2019-04 Purpose – To consider a proposed amendment to the Community Transportation Plan, that addresses several areas for improvement. Staff Comments – Assistant Town Manager Matthews entered the agenda abstract and supporting documents for this agenda item into the official record of the Town. The petitioner, Stephens Road Partners, LLC, is proposing a realignment of a portion of the Fuquay-Varina Parkway. This portion of the Parkway is currently on a trajectory that would require it to cross numerous ponds and wetlands. Assistant Town Manager Matthews advised that the petitioner proposes to realign the layout of the Parkway away from these environmental features, reducing environmental impacts, and making Fuquay-Varina Parkway more viable. He stated that management and staff agree with the petitioner that the previously adopted alignment for Fuquay-Varina Parkway presents serious alignment and environmental issues once specific study is applied. This amendment only addresses Fuquay-Varina Parkway west of NC 55. Assistant Town Manager Matthews also advised that the CTP amendment also includes proposed removal and realignment of certain collector streets following further study by Town staff. Public Hearing – The public hearing was opened and continued from a previous meeting. No one chose to speak in favor or in opposition to the Community Transportation Plan amendment. The public hearing was closed. Discussion – There was no discussion from members of the Town Board regarding this matter. Recommendation – Approve CTA-2019-04, an amendment to the Community Transportation Plan. The proposed 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 Harris MOTION RESULTS: Passed Unanimously (5-0) ****************************** PUBLIC HEARINGS: Agenda Item No. 7A: Zoning Map Amendment - The Spaulding Group, PA - 710 and 910 N Main Street - PINs 0667200113 and 0666392352 - REZ-2019-18 Purpose – To consider a requested zoning map amendment for a total of 32.91 acres, located at 710 and 910 N Main Street, from the Residential Low Density (RLD) and the Corridor Commercial (CC) Zoning Districts to the Residential Mixed-Use (RMU), Neighborhood Mixed-Use (NMU), and Urban Mixed-Use (UMU) Zoning Districts. Staff Comments – Assistant Town Manager Matthews entered the agenda abstract and supporting documents for this agenda item into the official record of the Town. The subject properties total 32.91 acres and are located in the Town's corporate limits. The zoning map amendment petition requests approval of the Residential Mixed-Use (RMU), Neighborhood Mixed-Use (NMU), and Urban Mixed- Use (UMU) Zoning Districts, which are intended to permit a variety of residential and nonresidential uses. The master plan proposes maximum densities of six (6) units per acre in the RMU Zoning District, and 18 units per acre in NMU Zoning District, which are less than the maximum allowable densities. Assistant Town Manager Matthews advised that public water and sewer are available to serve the subject properties and will be installed with future development. He then provided further general information about surrounding properties, transportation considerations, and correlation to the land use and transportation plans. Public Hearing – The public hearing was opened. Laura Holloman of the Spaulding Group 1611 Jones Franklin Road, Suite 101, Raleigh, NC 27606, spoke in favor of the zoning map amendment. No one chose to speak in opposition to the zoning map amendment. The public hearing was closed. Discussion – Commissioner Wunsch stated that six years ago NC State University came and spoke to the Town Board and they stated that one of the challenges the Town was facing was to be a walkable community and this project is making that possible. Commissioner Gardner stated that the property has a piece of history on it with the building. Mayor Byrne stated that this project has set a goal for our Town. It keeps history alive and that the Spaulding Group is doing the right thing. Recommendation – Approve REZ-2019-18, a zoning map amendment at 710 and 910 N Main Street, from the Residential Low Density (RLD) and the Corridor Commercial (CC) Zoning Districts to the Residential Mixed-Use (RMU), Neighborhood Mixed-Use (NMU), and Urban Mixed-Use (UMU) Zoning Districts. 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: Commissioner Gardner MOTION RESULTS: Passed Unanimously (5-0) Agenda Item No. 7B: Voluntary Annexation Petition - Annie Mae Ellen Perry Property - Phillips Place - 1105 S. Main Street – Portion of PIN 0666011773 - ANX-2019-14 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 Annie Mae Ellen Perry (Phillips Place) located at a portion of 1105 S. Main Street, containing 28.305 acres. Staff Comments – Assistant Town Manager Matthews entered the agenda abstract and supporting documents for this agenda item into the official record of the Town. He advised that the property contains approximately 28.203 acres and has road access through a portion of 1105 S Main Street and Joneshaven Drive. The property is contiguous to the Town's corporate limits where water and sewer is available. Public Hearing – The public hearing was opened. No one chose to speak in favor or opposition to the voluntary annexation petition. The public hearing was closed. 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 Annie Mae Ellen Perry (Phillips Place) (ANX-2019-14) as presented and recommended. MOTION: Commissioner Harris SECOND: Commissioner Smith MOTION RESULTS: Passed Unanimously (5-0)  ****************************** CONSENT AGENDA Agenda Item No. 8.A: Temporary Street Closure – 2019 Christmas Parade – Fuquay-Varina Chamber of Commerce – December 8, 2019 Purpose – To consider a temporary street closure for the Fuquay-Varina Chamber of Commerce Christmas Parade scheduled for Sunday December 8, 2019. Recommendation – Approve a temporary street closure for 2019 Fuquay-Varina Chamber of Commerce Christmas Parade scheduled for Sunday, December 8, 2019 as presented. Agenda Item No. 8B: Temporary Street Closure – Dasher’s After Party– Fuquay-Varina Chamber of Commerce – December 8, 2019 Purpose – To consider a temporary street closure for Depot Street for the Fuquay- Varina Chamber of Commerce Dasher’s After Party scheduled for Sunday December 8, 2019 immediately following the Christmas Parade. Recommendation – Approve a temporary street closure for 2019 Fuquay-Varina Chamber of Commerce Dasher’s After Party scheduled for Sunday, December 8, 2019 as presented. A motion was made to approve all items (A-B), on the Consent agenda. MOTION: Commissioner Smith SECOND: Commissioner Harris MOTION RESULT: Passed Unanimously (5-0) ****************************** ADMINISTRATIVE REPORTS Agenda Item No. 10A: Resolution of Support - John Deere Turf Care Intersection Improvement Project - NCDOT Funding Purpose – To consider a resolution in support of funding from the NC Department of Transportation to support the John Deere Turf Care Intersection Improvement Project. Staff Comments – Assistant Town Manager Matthews entered the agenda abstract and supporting documents for this agenda item into the official record of the Town. He advised that John Deere has worked with the Town to design and submit development plans to construct a second entrance into the company's facility located off NC 55 Highway. This second entrance will be built as a full access, signalized intersection allowing for better ingress and egress to the facility for employees and commercial transport trucks. Assistant Town Manager Matthews stated that given the significant amount of freight traffic in and out of the plant, and traffic volumes on NC 55, the additional intersection is important both for traffic safety and efficient operations for John Deere. He then reported that In collaboration with the Economic Development Partnership of North Carolina (EDPNC), the public-private partnership organization of the NC Department of Commerce, the Town's Economic Development Department has worked with John Deere Turf Care to collaborate on a variety of operational expansion and workforce development initiatives. Through the Town's partnership with EDPNC, the Town has recently succeeded in helping to secure a $150,000 grant from NCDOT to support the Company's intersection improvement project. Discussion – Mayor Byrne thanked Economic Development Director Jim Seymour for his efforts and was very excited to receive the call stating that John Deere had received the grant from NCDOT. Recommendation – Adopt a Resolution authorizing the NC Department of Transportation to expend state allocated grant funds to support the John Deere Turf Care Intersection Improvement Project; and authorize the Mayor and Town Clerk to execute the required documentation and certifications as presented and recommended. MOTION: Commissioner Gardner SECOND: Commissioner Harris MOTION RESULTS: Passed Unanimously (5-0) Agenda Item No. 10B: Fuquay-Varina Planning Board By-Laws Amendment Purpose – To consider a proposed amendment to Section VI. A. of the Planning Board By-Laws for the purpose of changing the regular meeting time from the 7:00 p.m. to 6:00 p.m. Staff Comments – Assistant Town Manager Matthews entered the agenda abstract and supporting documents for this agenda item into the official record of the Town. He advised that at the September 23, 2019 regular meeting, the Planning Board unanimously voted to recommend amending the meeting times from 7:00 p.m. to 6:00 p.m. effective with the January 2020 regular meeting. In order to implement this decision, an amendment to the Planning By-Laws, specifically Section VI. A. is necessary to reflect the new regular meeting time of 6:00 p.m. Discussion – There was no discussion from members of the Town Board regarding this matter. Recommendation – Approve an amendment of Section VI. A. of the Planning Board By-Laws to change the official meeting time from 7:00 p.m. to 6:00 p.m., effective with the January 2020 regular meeting of the Planning Board. MOTION: Commissioner Wunsch SECOND: Commissioner Smith MOTION RESULTS: Passed Unanimously (5-0) Agenda Item No. 10C: Contract Agreement to Purchase Land - Wilbon Road Water Booster Pump Station Purpose – To consider approval of a Contract Agreement to purchase property subdivided from the Tobacco Growers property located at 1009 Bridge Street for the Wilbon Road Water Booster Pump Station. Staff Comments – Assistant Town Manager Matthews entered the agenda abstract and supporting documents for this agenda item into the official record of the Town. He advised that the Town Board previously approved an Infrastructure Agreement with MTS RAL, LLC for the construction and reimbursement of a water booster pump station on Wilbon Road. The preliminary location of the pump station was proposed to be in a triangular remnant of right- of-way left over from the construction of Judd Parkway and re-alignment of Wilbon Road; however, subsequent discussions with the North Carolina Department of Transportation revealed that NCDOT would not allow a structure within their right-of-way, regardless of the right-of-way configuration. Assistant Town Manager Matthews reported that the US Tobacco Cooperative owns the land located at 1009 Bridge Street, which includes land on both sides of Wilbon Road and is adjacent to the original proposed location of the booster pump station. He stated that Town staff were able to negotiate with the Tobacco Cooperative a location for a 0.02-acre sub-divided parcel for the booster pump station along with a 0.064-acre temporary construction easement. To minimize legal transactions for transfer of the property, the Utility Department proposes the Town purchase the parcel as opposed to MTS RAL, LLC. Assistant Town Manager Matthews advised that the Town Attorney prepared a Contract Agreement to Purchase the parcel for $2,700 and $3,200 for the temporary construction easement, for a total purchase price of $5,900. Discussion – There was no discussion from members of the Town Board regarding this matter. Recommendation – Approve contract agreement for the purchase of real property subdivided from the property located at 1009 Bridge Street in the amount of $5,900 as presented and recommended subject to Town Attorney review. MOTION: Mayo Pro-Tem Massengill SECOND: Commissioner Smith MOTION RESULTS: Passed Unanimously (5-0) ****************************** OTHER BUSINESS A. Assistant Town Manager’s Report • Assistant Town Manager Matthews made no further reports to the Town Board.. B. Project Status Report – November 2019 C. Financial Quarterly Report – 1st Quarter FY 2019-2020 D. Coffee with a Cop - The Mill - 146 S. Main Street - Friday November 8, 2019 - 9:30 am - 11:30 am E. Barbershop Rap Session - Headliner's Barbershop - 1028 Ryan Road, Cary, NC - Saturday November 9th - 8 am - 10 am F. Fuquay-Varina Downtown Revitalization - BBQ Blues and Brews Festival - Downtown Varina - Saturday November 9, 2019 - 2:00 - 6:00 pm G. FM2FV Concert - Embers - Centennial Park - Tuesday November 12, 2019 - 6:30 pm - 9:30 pm H. Update on the Wake County Multi-Jurisdictional Hazard Mitigation Plan ***************************** TOWN BOARD MEMBER COMMENTS Mayor Pro-Tem Massengill stated that the Junior Women Club will have their annual Charity Ball on November 22nd at Carrollock Farms and the Jim Quick and the Coastline Band will be playing. He invited everyone to attend the event. He also stated that all funds raised at the event goes back into the community. Commissioner Smith stated that he had no comments. Commissioner Harris wished Commissioner Smith and Commissioner Gardner good luck with tomorrow’s election. Commissioner Wunsch echoed what Commissioner Harris stated. He also wished Baby Jake a happy 4th birthday. Commissioner Gardner stated that is has been fun being out in the community campaigning and best wishes to all that are running in the election. She also commented hats off to the Chamber for the candidate forum and that it was held at the Arts Center. She further reported that the Chamber is sponsoring the Women’s Summit tomorrow at the Arts Center. Mayor Byrne stated the Women Summit will be held tomorrow from 8:00 – 1:00 pm at the Arts Center. He gave an update on Town Manager Mitchell and that he had surgery from a torn Achilles tendon. He is excited that the Fuquay Mineral Spring is getting restored from a grant that John Adcock and Tamara Barringer helped to get from the Gold Leaf Foundation. He also asked Inspection Director Hinnant to give a report on the permits his department had done over the last few months. Inspection Director Hinnant stated that in August there were 80 single family permits, October there were 81 and 124 had been submitted that month. Mayor Byrne gave the following report on past and upcoming events as follows: Past Events 10/23 – Chamber of Commerce Candidate Forum – Arts Center – 6:00 pm Upcoming Events 11/9 – BBQ and Brews Festival Varina District – 2:00 – 9:00 pm 11/11 – Flag Ceremony American Legion – 1:30 – 2:30 at Town Hall 11/12 – NC Hometown Hero Recognition and First Responder Luncheon at Heister Chev. – 3100 N. Main Street 11/12 – Museums Annual Meeting – 5:00 pm 11/12 – FM2FV Concert – Embers 11/13 – Complete 540 Groundbreaking – 1:00 pm 11/14 – Teachers Mini Grants Reception – FV Woman’s Club – 4:00 pm ****************************** CLOSED SESSION – Pursuant to N.C.G.S. 143-318.11 (a) (3) - Attorney Client Privilege. A motion was made to hold a closed session meeting at 8:26 p.m. MOTION: Mayor Pro-Tem Massengill SECOND: Commission Wunsch MOTION RESULT: Passed Unanimously (5-0) ****************************** RETURN TO OPEN SESSION The Town Board returned to open session at 8:43 p.m. A motion was made by Mayor Pro-Tem Massengill made motion to adopt the resolution authorizing the Town Manager to conduct the sale of real property at 1291 Bowling Road belonging to the Town of Fuquay-Varina to the Wake County Board of Education pursuant to NC General Statute 160A-274 as presented and recommended, subject to Town Attorney review as to form. MOTION: Mayor Pro-Tem Massengill SECOND: Commissioner Gardner MOTION RESULT: Passed Unanimously (5-0) ****************************** ADJOURN A motion was made to adjourn the meeting at 8:45 p.m. MOTION: Mayor Pro-Tem Massengill SECOND: Commissioner Wunsch MOTION RESULT: Passed Unanimously (5-0) Adopted this the 19th day of November 2019 in Fuquay-Varina, North Carolina. FUQUAY-VARINA, NORTH CAROLINA John W. Byrne, Mayor ATTEST: (TOWN SEAL) Rose H. Rich, Town Clerk