Board of Commissioners

TOWN OF FUQUAY-VARINA BOARD OF COMMISSIONERS REGULAR MEETING DECEMBER 7, 2020 CALL TO ORDER Mayor John W. Byrne (physically present) called the regular meeting of the Fuquay-Varina Board of Commissioners to order on December 7, 2020 at 7:00 p.m. This meeting was conducted using the Zoom media platform due to state mandates for social distancing and mass gatherings to prevent the spread of the COVID-19 Novel Coronavirus. Commissioners Physically Present: Blake Massengill (Mayor Pro-Tem) Bill Harris Jason Wunsch Marilyn Gardner Larry Smith Commissioners Remotely Present: None Others Physically Present: Town Manager Adam Mitchell IT Director Scott Clark Others Remotely Present: Assistant Town Manager Mark Matthews Assistant Town Manager Jim Seymour Town Clerk Rose Rich Town Attorney James Adcock ****************************** INVOCATION AND PLEDGE OF ALLEGIANCE Commissioner Larry Smith provided the invocation and Commissioner Jason Wunsch led the Pledge of Allegiance. ****************************** VIRTUAL MEETING PROTOCOL AND INSTRUCTIONS Mayor Byrne asked Town Manager Mitchell to review the meeting protocol for public participation as it relates to this virtual meeting. Town Manager Mitchell stated that all attendees that have joined the meeting tonight, have joined muted. There is a public comments period at the beginning of the meeting; as well as two public hearings, therefore the time to address the Town Board regarding items that are not the subject of a public hearing is during the public comment section of the meeting. If the public wishes to address the Town Board either during the public comment period or during scheduled public hearings, they will need to notify the Town host that they wish to speak. For the public’s benefit, if you are joining the meeting online and wish to speak, please press the “raise hand” button in the Zoom application. If they are joining the meeting via telephone, please press star 9 (*9) to raise your hand. After an individual has raised their hand, they will enter a queue. When the public comment period or the public hearing begins Mayor Byrne will ask the Town host to recognize individuals to speak by calling out their name or the last four digits of their telephone number. Individuals will be unmuted at that time and allowed to address the Town Board at that time. Town Manager Mitchell stated that those speaking should begin their comments by stating their name and address for the public record. The public is asked to keep all comments to three minutes so that all who wish to speak can be heard in a timely manner. Once an individual has finished addressing the Town Board they will be muted for the remainder of the meeting. ****************************** APPROVAL OF THE MINUTES The November 17, 2020 minutes of the regularly scheduled meeting of Town Board of Commissioners was approved as presented and recommended. MOTION: Mayor Pro-Tem Massengill SECOND: Commissioner Wunsch MOTION RESULT: Passed Unanimously (5-0) ****************************** PRESENTATIONS Agenda Item No. 4.A Comprehensive Annual Financial Report (CAFR) – Fiscal Year Ending June 30, 2020 Purpose – To receive a presentation from Mrs. April Adams with Cherry Bekaert, LLP on the results of the 2019-2020 financial audit. Staff Comments – Town Manager Mitchell entered the agenda abstract and supporting documents for this agenda item into the official record of the Town. He then made the following remarks. As is customary, the Town recently completed review of its annual financial statements by its auditor, Cherry Bekaert, LLP. The Board will hear comments from the Town's auditor on the findings from the FY 2019-2020 audit. Town Manager Mitchell introduced Mrs. April Adams, CPA with Cherry Bekaert, LLP, who presented findings from the Town’s financial audit for the 2019-2020 fiscal year. Mrs. Adams presented detailed highlights of the audit report for fiscal year ending June 30, 2020 via the Zoom application. She stated that despite all the barriers that 2020 has presented with the pandemic, the audit firm was still able to conduct the audit 100% remotely and still present it virtually on time. She stated that in the budget, the actual financial results of the General Fund showed that revenues outperformed the budget by $1,089,491 and expenditures were under budget by $4,348,237. In FY2020, the Town appropriated the use of approximately $3.1 million of fund balance in its final budget. However, the Town was able to grow fund balance by $2.2 million. The budget to actual financial results in the Water & Sewer Operating Fund showed that revenues outperformed budget by $228,825 and expenditures were under budget by $956,292. The Town did not appropriate the use of fund balance in its final budget. The Town was able to grow this fund by $1.2 million. In summary, Mrs. Adams stated that the audit findings include clean opinions, no adjusting journal entries, three passed adjusting journal entries, good internal controls, no significant deficiencies identified, and full cooperation with management during the audit. Discussion: Mayor Byrne and Town Manager Mitchell thanked the Cherry Bekaert audit team for working with Finance Director JoAnne Crabtree, Assistant Finance Director Nicole Stevens, and the entire Finance staff for their collaborative effort to produce the audit remotely this year. Town Manager Mitchell commended the Finance Department for again receiving the Certificate of Excellence in Financial Reporting from the Government Finance Officers Association. He stated that the Finance Department has received this pinnacle recognition for the last six years. Recommendation – Accept the FY 19-20 Comprehensive Annual Financial Report as presented by Cherry Bekaert, LLP and recommended by management and staff. MOTION: Mayor Pro-Tem Massengill SECOND: Commissioner Gardner MOTION RESULT: Passed Unanimously (5-0) ****************************** PUBLIC COMMENTS: Elaine Rogers Spears, landowner at 1501 Rogers Road, addressed the Town Board regarding an upcoming discussion by the Town Board on a zoning map amendment, REZ-2020-14. Ms. Spears expressed concerns regarding a small portion of property that is on the wrong side of a 60-foot easement between the Town of Fuquay-Varina and Harnett County for an access road to a sewer pump station. She stated that Carolina Land Group has consistently shown this small portion of property in its plans as free space. This 60 ft. easement also creates a natural buffer between the Providence Oak proposed development and the neighbors in Harnett County. She stated that Rogers Road is a state road (SR 2769) that is in poor condition with no serious maintenance repairs or upgrades being made in over 40 years. Further she expressed concerns that this development requires Rogers Road upgrades from Angier Road going all the way to the Harnett County line, which she feels would cause an increase in property values for everyone that owns property along Rogers Road. In addition, a significant portion of the property is impacted by the 401 bypass and she feels that neither the NCDOT nor the Town of Fuquay-Varina can afford to build this bypass due to its tremendous financial undertaking. Connecting developments as they are created is the most cost effective for this much needed highway to become a reality. The developer is paying full price for this land acquisition of a large portion of property that is going more for the future of the Town than for the proposed development. With a large portion of property set aside for the bypass and the upgrades to Rogers Road, this is requiring more road work that is not directly for the development that is normal in this area. The roadwork is a tremendous benefit for everyone and should not be taken for granted. She stated that while she did want townhomes to be a part of this community, Town staff did not recommend it. She stated that this was the only real concern in the last meeting. The amended plan shows that townhomes have been removed and has been recommended by the planning staff. She stated that in every respect she believes that the Providence Oak proposed development is comparable to other developments in this immediate area. With all the requirements being met, she requested that the Town Board approve the zoning map amendment and land use plan amendment for REZ-2020-14. ****************************** ITEMS TABLED FROM PREVIOUS MEETING: Agenda Item No. 6.A: Zoning Map Amendment & Land Use Plan Amendment - Carolina Land Group, LLC - 1408, 1409, 1420, 1501, 1520, 1524, 0, & 0 Rogers Road - PINs 0665245656, 0665341690, 0665144948, 0665148249, 0665142122, 0665258696, 0665340146, and a portion of 0665049250 - REZ-2020-14 Purpose – To consider a requested zoning map amendment for a total of 105.41 acres, located at 1408, 1409, 1420, 1501, 1520, 1524, 0, & 0 Rogers Road, from the Residential Agricultural (RA) Zoning District to the Residential Medium Density Conditional Zoning District (RMD-CZD), and the corresponding land use plan amendment from Small-Lot Residential (SLR), Large-Lot Residential (LLR), and Mixed Density Residential (MDR) to Small-Lot Residential (SLR) and Mixed Density Residential (MDR). Staff Comments – Town Manager Mitchell entered the agenda abstract and supporting documents for this agenda item into the official record of the Town. He then made the following remarks. The subject properties total 105.41 acres and are located in the Town’s Extraterritorial Jurisdiction (ETJ). The properties are subject to annexation. An annexation petition has not been submitted at this time. These properties are currently a mix of uses, primarily farmland, forested, and a few single-family homes with their associated buildings. A portion of PIN 0665049250 lies across the Harnett County line, which is not considered part of this rezoning petition. The zoning map amendment petition requests approval of the Residential Medium Density Conditional Zoning District (RMD-CZD), which is intended to permit proposed residential development and existing single-family detached, duplex, triplex, or quadplex residential uses. The petitioner has requested the following permitted use conditions be made applicable to the subject properties: 1) Vinyl siding is not permitted. Vinyl windows, decorative elements, and trim are permitted. 2) Anti-monotony: No unit shall be constructed with an exterior elevation or color palette identical to the unit on either side or directly across the street. 3) ROW Visibility: Any side or rear façade visible from an existing or proposed public ROW shall have a covered or enclosed porch and/or decorative trim or shutters around all windows. 4) Façade Treatment: There shall be a minimum of 24” of masonry material at the base along the front façade and surrounding entryway, including an overall 25% minimum masonry (a minimum of 50% of all homes shall include 25% masonry). Each façade shall include shutters. The colors of masonry and siding will vary from home to home per plan. 5) Garage Doors: Garage doors shall contain windows, decorative details, and/or carriage style adornments. Each home shall have a minimum of a two-car garage. 6) Glazing: Each unit shall have a front door with a minimum of 25% glazing, transom, and/or door sidelights. 7) Each home shall have a covered entryway. 8) Townhomes, Duplexes, Triplexes, and Quadplexes are not permitted. 9) A 20’ Type B perimeter buffer shall be provided for the entire development. The developer will strive to maintain the existing vegetation in the open space. 10) Three Single-Family lot sizes will be provided: 6,000, 7,500, and 9,000 square feet. 11) No one lot size shall comprise less than 15% of the total platted lot count. No one lot size shall contain more than 50% of the total platted lot count. 12) Maximum density for the overall development shall not exceed 3.25 units per acre. 13) The development shall provide a minimum of 25% Open Space. 14) Perimeter buffers shall be in common open space and maintained by the Homeowner’s Association. 15) The development shall provide a minimum of three pocket parks. Pocket parks will be sodded and include a use consisting of one or more of the following: flower gardens, cornhole (or similar lawn games), vegetable gardens, exercise circuit or other use approved by the Town of Fuquay-Varina Planning Department. 16) The development shall provide a minimum 5’ wide trail around the large pond on the parcel identified as PIN 0665148249, which shall be maintained by the Homeowner’s Association. 17) The development shall have an amenity package that will include at least the following: pool, pool house, tot lot, and dog park. 18) Rogers Road shall be paved, to Town standards, from the intersection of Angier Road and then west and south to the Harnett County line. Since the November 17th Town Board Meeting, the petitioner has worked with staff and management to fine-tune the proposed conditions. Additional clarification was added by the petitioner on facade treatments, garages, and the proposed uses of the pocket parks. Townhomes have been eliminated from the proposal and overall density reduced to a maximum of 3.25 dwelling units per acre. Surrounding properties are a mix of residential, agricultural, and forested. More specifically, future single-family residential structures will occupy the subject lands north properties as part of the Geneva subdivision, which is currently under construction. Existing properties to the east are single-family residential and agricultural uses, and the west is vacant and forested lands. Properties to the south are located in Harnett County. The 2035 Community Vision Land Use Plan (LUP) calls for the Small-Lot Residential (SLR), Large- Lot Residential (LLR), and Mixed-Density Residential (MDR) Classifications at the subject properties. Although the requested zoning district is not consistent with one (1) of the three (3) 2035 LUP classifications, the petitioner has included a Land Use Plan amendment with this zoning map petition, which will be described later in this report. Public utilities will be installed by the developer in conjunction with future development. The subject properties have access to Rogers Road. Rogers Road is classified by the 2035 Community Transportation Plan (CTP) as a portion of future Fuquay-Varina Parkway and therefore is designated as a 150-foot right-of-way. The future Fuquay-Varina Parkway is identified as a four (4) lane, median-divided road with sidepaths, with a carrying capacity of 51,000 average daily trips (ADT). Rogers Road is currently a two (2) lane unimproved roadway. NCDOT traffic counts are not available at this time. The CTP indicates that this portion of the future Fuquay-Varina Parkway crosses four (4) of the subject properties and totals approximately 2,621 feet in length across the subject properties. Future development of the subject properties will require the dedication of 150’ of right-of-way and construction of two (2) lanes and sidepaths of this section of the Fuquay-Varina Parkway. Additionally, the CTP shows a future collector street on the subject properties from Andersonwood Drive to the future Fuquay-Varina Parkway. The petitioner held the neighborhood meeting on August 17, 2020, via the online conferencing application Zoom. The meeting report is attached, and the Town staff takes no position as to its content. The 2035 Community Vision Land Use Plan (LUP) calls for the Large-Lot Residential (LLR), Small- Lot Residential (SLR), and Mixed-Density Residential (MDR) Classifications at the subject properties. The Land Use Plan classifications SLR and MDR are compatible with the proposed zoning district, but LLR is not, due to its density requirements. Therefore, the petitioner has proposed a Land Use Plan amendment from LLR to SLR on PIN 0665245656. This amendment supports the LUP’s Recommendation, CF.1 - Invest in Existing Growth Areas, which encourages the extension of utilities and growth of development in areas that are already in the growth process to maximize effectiveness. Additionally, the amendment supports H.1 - Provide Mixed Housing & Diversity, which encourages a mix of housing types in development projects. As such, the requested Land Use Plan amendment is consistent with the 2035 LUP and its vision. The Land Use Plan amendment, if approved, would allow for the site to be developed more consistently and appropriately as it relates to the proposed use and surrounding area. Management and staff recommend approval of the proposed zoning map amendment with the corresponding land use plan amendment and is reasonable and in the public’s best interest for the following reasons: 1) Although the requested zoning map amendment is not consistent with the 2035 Community Vision Land Use Plan classification of Large-Lot Residential on PIN 0665245656, the petitioner has opted to request a change of the Land Use Plan to  Small-Lot Residential (SLR) for that parcel, which is more appropriate to the surrounding use, proposed use, and location. 2) The requested zoning map amendment is consistent with the 2035 Community Vision Land Use Plan’s recommendations CF.1 - Invest in Existing Growth Areas and H.1 - Provide Mixed Housing & Diversity. 3) The requested zoning map amendment would better conform to the surrounding uses and provide the ability to develop the property for its proposed use. At the September 21 regular meeting, the Planning Board voted 6-1 in favor of recommending approval, finding it reasonable and in the best interest of the public for reasons identified by staff. Since the September 21 Planning Board meeting, the petitioner requested to table the zoning map and land use plan amendments to the October 20 Town Board meeting to evaluate further matters related to its future development. Management and staff supported continuing the public hearing and tabling consideration to the October 20 regular meeting, per the petitioner’s request. Prior to the October 20, 2020 Town Board meeting, the petitioner requested to table the zoning map and land use plan amendments to the November 2, 2020 Town Board meeting in order to further evaluate matters related to future development of the property. Management and staff supported continuing the public hearing and tabling consideration to the November 2, 2020 regular meeting, per the petitioner’s request. Prior to the November 2, 2020 Town Board meeting, the petitioner requested to table the zoning map and land use plan amendments to the November 17, 2020 Town Board meeting to further evaluate matters related to future development of the property. Management and staff supported continuing the public hearing and tabling consideration to the November 17, 2020 regular meeting, per the petitioner’s request. At the November 17, 2020 Town Board meeting, the Board voted to table consideration of REZ-2020-14 Zoning Map Amendment and Land Use Plan Amendment to the December 7, 2020 Town Board Meeting. Since the November 17 meeting, Town staff have had further dialogue with the petitioner with regards to the form of development and the proposed conditions have been updated. Public Hearing –The public hearing was held and closed at a previous meeting. Discussion – There was no discussion from members of the Town Board regarding this request. Recommendation – Approve REZ-2020-14 a zoning map amendment at 1408, 1409, 1420, 1501, 1520, 1524, 0, & 0 Rogers Road, from the Residential Agricultural (RA) Zoning District to the Residential Medium Density Conditional Zoning District (RMD-CZD), and the corresponding land use plan amendment from Small-Lot Residential (SLR), Large-Lot Residential (LLR), and Mixed Density Residential (MDR) to Small-Lot Residential (SLR) and Mixed Density Residential (MDR). MOTION: Commissioner Gardner SECOND: Commissioner Wunsch MOTION RESULTS: Passed Unanimously (5-0)  ****************************** PUBLIC HEARINGS: Agenda Item No. 7.A: Town Code Amendment - Town of Fuquay-Varina - Land Development Ordinance (LDO) Amendment #12 - CTA-2020-06 Purpose – To consider a proposed text amendment to the Town Code of Ordinances, Part 9 Land Development Ordinance, Amendment #12 that addresses several areas for improvement. Staff Comments – Town Manager Mitchell entered the agenda abstract and supporting documents for this agenda item into the official record of the Town. He then provided the following general information about the proposed text amendment. Town staff and the community have gained significant experience using the Land Development Ordinance (LDO) since its adoption in December 2016 and a better understanding of its intent and proper function. As a result, this amendment seeks to harness that experience in the form of clarifications and technical corrections to the LDO's language. The proposed changes are as follows: Section 1, Article F • The term "townhomes" has been replaced with the term "townhouses" in this section for terminology continuity. In all other instances throughout the LDO, the term "townhouse" is used in reference to townhome-style development. • The multi-family development separation standard has been increased from 1,500 feet to 3,000 feet. Exemptions based on zoning districts have been removed to ensure compliance across all zoning districts. These revisions are in response to expressed citizen concerns about increased development density, specific to multi-family developments, traffic congestion, and the perception the Town has become a magnet for garden-style apartment developments that would not be permitted in neighboring jurisdictions. Regarding multi-family developments in form-based zoning districts, the Town’s vision for multi-family development projects includes vertical mixed-use development projects and uses that consist of non-residential uses on the first floor with residential uses above. While form-based and mixed-use developments allow for higher residential densities than other residential zoning districts, it is the goal to challenge developers to meet the form-based code’s intent and propose Commercial Villages and Mixed-Use Neighborhoods, as the Land Use Plan designates. The integration of vertical mixed-use development aims to enhance the walkability between residential, workplaces, and other amenities. Vertical mixed-use development also encourages an internalized roadway and multi-modal network that focuses on connecting each building to enhance the landscaping, lighting, and connection to outdoor amenity elements of this urban type of development. The revised amendment will preserve our corridors and major thoroughfares from a repeated pattern of multi-family developments that the Town is presently experiencing while challenging developers to propose integrated developments and uses that are innovative and create a unique image and identity Fuquay-Varina. • Manufactured home parks, as allowed by Special Use Permit in the Residential Low Density zoning district, have been struck from the Permitted Use Table to match the manufactured home subdivision standards. Manufactured home parks are still permitted by Special Use Permit in the Residential Agricultural zoning district. • The manufactured home park section has undergone a complete rewrite and overall clarification to better match the manufactured home subdivision standards. This clean- up clarifies standards for existing manufactured home parks and provides enhanced guidance to users on how existing and future manufactured home parks may operate. Architectural standards and roadway improvement requirements have been added and provisions for how existing manufactured home parks may continue, expand, replace, and dismantle units. • A grammatical clean-up of this section is also included. Section 2, Article G • Clarification has been added to this section on where required buffer plantings should be located when a fence is installed at the same time as the buffer plantings. Section 3, Article H • The section regarding integrated centers has been amended to correct the word "construction" to "constructed." Section 4, Article K • Language has been added to clarify separate standards to the nonconformity regulations in the DC-1 and DC-2 zoning districts, as outlined in Appendix A. • Language in this section has been added to place further standards on the size limitation of manufactured homes when replaced in a nonconformity situation. The previous requirement that the new home match the previous home's footprint was found to be overly restrictive and difficult to enforce. Section 5, Article O • Clarification has been added to this section to where required buffer plantings should be located when a fence is installed simultaneously as the buffer plantings for buffer Types A, B, and C, removing conflicting standards and applying a uniform requirement that landscape material intended to provide a buffer to an adjacent property or roadway should be planted on the exterior of a proposed fence. • Fence height standards have been removed from this section, defaulting to the established fence height standards in Article G, providing uniform fence height requirements. Section 6, Appendix A • Language has been removed from both DC-1 and DC-2 zoning district sections that allow a nonconforming use to continue in these districts upon discontinuance or abandonment. Guidelines for identifying a discontinued use have also been added to both subsections. These changes reflect prioritizing the conversion of nonconforming uses in the downtown areas to conforming uses without extended delays in order to promote vibrant downtown districts. Section 7, Appendix B • A correction has been made to this section where the allowed density of the Residential Mixed-Use zoning district was incorrectly indicated as 14 dwelling units per acre instead of 18 dwelling units per acre, as it is stated in other sections of the Land Development Ordinance. Section 8, Appendix E • The ability for the Assistant Town Manager to sign major subdivision plat certifications has been added to this section. Management and staff recommend approval of the proposed town code amendment. It is reasonable and, in the public’s, best interest, as it improves upon the Land Development Ordinance's intent to modernize, provide sustainability, allows for ease of use, and effective enforcement. At the October 19, 2020, regular meeting, the Planning Board unanimously voted to table the request resulting from board member discussion specifically relating to the multi-family development separation standard. Prior to, and following the October 19, 2020 Planning Board regular meeting, staff reviewed and examined alternative scenarios that would achieve the multi-family development vision (vertical building development; first-floor non- residential) originally intended for the form-based code zoning districts. Management, planning staff, and legal counsel have determined that the original recommendation of increasing the multi-family development separation standard language from 1,500 feet to 3,000 feet is the most applicable and appropriate method for achieving the LDO's intent of vertical multi-family development projects. At the November 16, 2020, regular meeting, the Planning Board unanimously voted to recommend approval, finding it reasonable and in the public's best interest for reasons identified by staff. Additionally, the Planning Board recommended staff continue to explore additional methods to ensure high quality development is being proposed but could not offer a better solution during their meeting. Management and staff acknowledge that there may be ways to improve upon standards that promote higher quality development and intend to continue exploring methods to improve upon the Land Development Ordinance specific to form based zoning and development. Public Hearing – The public hearing was opened. No one chose to speak in favor of the proposed Town code amendment. Mayor Byrne asked if anyone wished to speak in opposition to the amendment. Mr. Jim Adams (no address stated) expressed concerns that the proposed amendment would adversely affect a project that he is planning that would be located at the old Guildford Mills site at the corner of Old Powell Road and Dickens Road. He stated that mixed-use really depends on apartment development and he understands that he is able to do apartment development with commercial underneath, but that is just not going to happen in the near term due to the decline of the need for brick-and-mortar retail and office buildings. He stated that he would like to see mixed-use zones continue to be exempt from the separation piece of the amendment. Katie Hamilton, Landscape Architect with Stewart Engineering (design, engineering and planning firm) asked that the Town Board consider percentages as it relates to the number of residential units needed to support the amount of commercial space in the mixed-use development. Discussion – Commissioner Harris stated that he understands that the Land Development Ordinance (LDO) is a process that is constantly evolving in response to the way that the community is growing. He asked if the Town is stating a specific policy that is written in stone or would the Town consider this again as the community evolves? Town Manager Mitchell stated that the LDO has been evolving since its initial adoption in 2016, and he feels that the Town would continue to evaluate and look for opportunities to improve upon the LDO as the community continues to grow and evolve. Commissioner Harris also asked if the percentages as it relates to the number of houses needed to support the amount of commercial space in the mixed-use development was discussed. Town Manager Mitchell stated that it has been discussed and the staff would continue to assess and evaluate how our peers are addressing those types of things. Right now, commercial villages as defined in our land use plan are looking for vertical mix-use integrated development with 100% of that ground floor being commercial, retail and office, but it is something to continue to evaluate. Mayor Pro-Tem Massengill stated that he likes the tax base that has been generated by these types of developments. He referenced the comments made by Commissioner Harris in regard to reconsidering the proposed amendment to consider a certain size of land that would be excluded from the bottom floor commercial development. He stated that he is in favor of the proposed amendment as presented tonight, but he would be open to discuss revisions in the future. Recommendation – Approve CTA-2020-06 Amendment #12, an amendment to the Town Code of Ordinances, Part 9 Land Development Ordinance, as presented and recommended by Town management and staff. The text amendment improves upon the Land Development Ordinance 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) Ordinance No. PZ-20-06 Agenda Item No. 7.B: Zoning Map Amendment & Land Use Plan Amendment - Mauldin-Watkins Surveying, PA - 9721 & 9739 Fayetteville Road - PINs 0688575694 & 0688573113 - REZ-2020-16 Purpose – To consider a requested zoning map amendment for a total of 3.005 acres, located at 9721 & 9739 Fayetteville Rd (US 401), from the Office & Institutional Zoning District (O&I) to the General Commercial Conditional Zoning District (GC-CZD), and a corresponding land use plan amendment from Civic & Institutional (CIV) to Highway Commercial (HC). Staff Comments – Town Manager Mitchell entered the agenda abstract and supporting documents for this agenda item into the official record of the Town. He then provided general information about the proposed Zoning Map Amendment & Land Use Plan Amendment as follows. The subject properties are two non-contiguous 1.50 acre lots totaling 3.005 acres located in the Town's corporate limits. There are currently no structures on the subject properties. The zoning map amendment petition requests approval of the General Commercial Conditional Zoning District (GC-CZD). This zoning district is intended to permit a mix of high intensity nonresidential development of retail, office, institutional, employment centers, and service uses. This district is generally located near intersections and along arterial roads (freeways, expressways, parkways, and boulevards) and major thoroughfares serving an area of two (2) miles or greater. The petitioner is requesting the following conditions be applicable to the use of the subject property: Only the following uses shall be permitted: 1) Mixed-Use Development 2) Conference Center 3) Banquet Hall/Cultural Adaptive Use 4) Community Service 5) Day Care, Accessory 6) Day Care, Commercial 7) School, Trade/Vocational 8) Bank/Credit Union 9) Medical Offices 10) Ambulatory Healthcare 11) Medical Support Facilities 12) Park/Facilities 13) Open & Civic Space 14) Greenways 15) Parking Lot 16) Places of Worship 17) Places of Worship, Temporary 18) Broadcasting Station/Radio 19) Small Wireless Facilities 20) Telecommunication Facilities/Services 21) Restaurants 22) Restaurants, Mobile 23) Offices Business/Professional 24) Indoor Recreation 25) Outdoor Recreation 26) Retail Sales & Services 27) Funeral Home 28) Health Club 29) Personal Service 30) Pet Services  31) Special Trade Contractor 32) Accessory Uses 33) Business Incubator 34) Flex Space 35) Home Occupation 36) Animal Hospital/ Veterinary Clinic No other uses will be permitted. Some of the uses listed have been retained for potential future expansion of the subject properties although they are not currently permissible due to exiting lot size restrictions. Surrounding properties are a mix of light industrial and office & institutional uses. Cornerstone Family Church is east of the subject properties. Storage and various industrial uses are north, south, and west of the properties. Furthermore, several large tracts of vacant land are west and northeast of the properties. The 2035 Community Vision Land Use Plan (LUP) calls for the Civic & Institutional (CIV) Classification at the subject properties. Although the requested zoning district is not consistent with the 2035 LUP classification, the petitioner has included a Land Use Plan amendment as part of this zoning map petition, which will be described later in this report. Town water and sewer utilities are available to serve the subject properties. The subject properties have access are located along Fayetteville Road (US Highway 401), which is classified as a 300-foot right-of-way by the 2035 Community Transportation Plan (CTP). This street is identified as a six (6)-lane median divided road with sidewalk and sidepath, and a carrying capacity of 91,100 average daily trips (ADT). It is currently a four (4)-lane median- divided road with a carrying capacity of 29,300 ADT. 2017 NCDOT traffic counts taken just south of the property on Fayetteville Road near Banks Road indicate a volume of 29,000 ADT. The petitioner held a neighborhood meeting on September 28, 2020 at 1301 Broad Street, Fuquay-Varina. The meeting report was provided, and staff takes no position as to its content. The 2035 Community Vision Land Use Plan (LUP) calls for the Civic & Institutional (CIV) Zoning Classification at the subject properties. This classification is defined as land developed to support a building or complex of buildings that serve a public purpose, including a library, school, police station, fire station, public services complex, town government, etc. The requested zoning district is not consistent with the 2035 LUP classification, however the land use classification of Highway Commercial (HC), as proposed, is more appropriate for the location and eventual use. This amendment supports the LUP’s Recommendation, CF.1 - Invest in Existing Growth Areas, which encourages the extension of utilities and growth of development in areas that are already in the growth process to maximize effectiveness. As such, the requested Land Use Plan amendment is consistent with the 2035 LUP and its vision. The Land Use Plan amendment, if approved, would allow for the site to be developed more consistently and appropriately as it relates to the proposed use and surrounding area. Management and staff recommend approval of the proposed zoning map amendment with the corresponding land use plan amendment as it is consistent with the 2035 Community Vision Land Use Plan and reasonable and in the best interest of the public for the following reasons:  1) Since the requested zoning map amendment is not consistent with the 2035 Community Vision Land Use Plan classification of Civic & Institutional (CIV), the petitioner has opted to request a change of the Land Use Plan classification to Highway Commercial (HC), which is more appropriate to the surrounding use, potential use, and location. 2) The requested zoning map amendment is consistent with the 2035 Community Vision Land Use Plan's Recommendation CF.1 - Invest in Existing Growth Areas. 3) Conditions proposed by the petitioner effectively limit future development so that it is compatible with the surrounding areas. At the November 16, 2020 regular meeting, the Planning Board unanimously voted to recommend approval, finding it reasonable and in the best interest of the public for reasons identified by staff. Public Hearing – The public hearing was opened. Wayne Mauldin of Mauldin-Watkins Surveying, 139 N. Main Street, spoke in favor of the proposed zoning map and land use plan amendment. He stated that at the neighborhood meeting they reviewed and agreed on the list of uses as presented. No one chose to speak in opposition to the zoning map & land use plan amendment for REZ-2020-16. Discussion – There was no discussion from members of the Town Board regarding the proposed amendments. Recommendation – Approve REZ-2020-16, a zoning map amendment at 9721 & 9739 Fayetteville Road, from the Office & Institutional Zoning District (O&I) to the General Commercial Conditional Zoning District (GC-CZD), and the corresponding Land Use Plan amendment from Civic & Institutional (CIV) to Highway Commercial (HC). The proposed zoning map amendment, with corresponding land use plan amendment, is consistent with the 2035 Community Vision Land Use Plan and both are reasonable and in the best interest of the public for the reasons identified by management and staff. MOTION: Mayor Pro-Tem Massengill SECOND: Commissioner Gardner MOTION RESULTS: Passed Unanimously (5-0) ****************************** CONSENT AGENDA Agenda Item No. 8.A: Budget Amendment - Recognizing Funds from Police Public Safety Cadet Donations - Police Department - $3,600 - BA-21-15 Purpose – To consider the adoption of a budget amendment that recognizes funds in the amount of $3,600 from a recent calendar ad fundraiser and private donations from recent fundraisers for the Fuquay-Varina Police Department's Public Safety Cadet program. Recommendation – Approve Budget Amendment (BA-21-15) as presented and recommended. Agenda Item No. 8B: Budget Amendment - Recognizing Insurance Proceeds - Parks, Recreation and Cultural Resources Department - Downtown Planter - BA-21-16 - $995 Purpose – To consider a budget amendment that recognizes insurance proceeds in the amount of $995 for replacement of a downtown concrete planter that was damaged on May 15, 2020. Recommendation – Approve Budget Amendment BA-21-16 as presented and recommended. Agenda Item No. 8C: Utility Agreement Allocation Request - Hidden Valley Subdivision Purpose – To consider a utility agreement allocation request for the Hidden Valley Subdivision, Phases 14 and 15 for 19,800 gpd sewer and 23,760 gpd water. Recommendation – Approve the recommended utility agreement allocation request for the Hidden Valley Subdivision, Phases 14 and 15, as presented and recommended. Agenda Item No. 8D: Utility Agreement Allocation Request - The Crossings Apartments Purpose – To consider a utility agreement allocation request for the The Crossing Apartments for 81,040 gpd sewer and 81,040 gpd water. Recommendation – Approve the recommended utility agreement allocation request for the Crossing Apartments, Phases 1-5 as presented and recommended. Agenda Item No. 8E: Utility Agreement Allocation Request - Stone Creek Subdivision Phase 2 Purpose – To consider a utility agreement allocation request for the Stonecreek Subdivision, Phase 2 for 12,300 gpd sewer and 14,760 gpd water. Recommendation – Approve the recommended utility agreement allocation request for the Stonecreek Subdivision, Phase 2, as presented and recommended. Agenda Item No. 8F: BRIC Grant Supporting Resolution Purpose – To consider approving a resolution that the Town will provide the matching funds and commit to repairing the dam at HTNTPP as required for submission of a Building Resilient Infrastructure and Communities (BRIC). Recommendation – Adopt the resolution stating the Town's intent to complete the rehabilitation of the Dam at HTNTPP, including the Town's intent to commit a 25% match ($125,000) of the $500,000 project cost if the Town is awarded funding through the BRIC grant program, subject to Town Attorney review as to form. Resolution No. 20-1684 A motion was made to approve items (A-F) on the Consent Agenda. MOTION: Mayor Pro-Tem Massengill SECOND: Commissioner Smith MOTION RESULT: Passed Unanimously (5-0) ****************************** ITEMS REMOVED FROM CONSENT AGENDA Agenda Item No. 9A: There were no items removed from the Consent Agenda for consideration. ****************************** ADMINISTRATIVE REPORTS Agenda Item No. 10.A: Blue Star Memorial Marker Program Participation and Placement Purpose – To approve the participation and purchase of two Blue Star Memorial Markers honoring the men and women serving in the US Armed Services. Staff Comments – Town Manager Mitchell entered the agenda abstract and supporting documents for this agenda item into the official record of the Town. He then provided general information regarding the agenda item and made the following remarks. The Blue Star Memorial Program is a program between the National Garden Club and the US Department of Transportation that honors men and women currently serving and have previously served in the United States Armed Services. This Program honors members of the US Armed Service by placing memorial markers along highways that pay tribute to their service. According to the North Carolina Department of Transportation’s (NCDOT) website, there are 54 markers in North Carolina. To place a marker, an organization must request a local Garden Club Sponsor that is a member of the National Garden Club. NCDOT must also concur with the chosen locations. Town Staff approached the Fuquay-Varina Chapter of the National Garden Club and NCDOT’s Blue Star Coordinator to discuss having a marker placed along US Highway 401. During these discussions, it was determined that memorial markers could be placed on more than one corridor throughout a community. Town Staff has since considered and recommended two locations for memorial marker placement: - The intersections of US Highway 401 & Academy Street. - The intersection of NC Highway 55 & Fayetteville Street. The recommended marker placement locations were selected because of their high visibility to vehicles and proximity to pedestrian traffic activity throughout our downtown corridors. The US Highway 401 location was specifically selected so those traveling to and from Fort Bragg will have an opportunity to view the memorial marker. Over the course of several meetings between Mayor Byrne, Town staff, the Fuquay-Varina Garden Club led by Mrs. Sandra Anastasio, and Derek Smith with NCDOT, there was agreement on the two recommended sites. The U.S. Highway 401 & Academy Street memorial marker will require the relocation of an existing Town wayfinding sign to make room for the new monument marker. At this time, the relocation of the Town wayfinding sign has not been determined. As a sponsor, the Fuquay-Varina Garden Club would like to install planters and flowers at each memorial marker to enhance and beautify each markers location. The estimated time for ordering and installation of the markers is up to four months. During this time, the planter locations and marker arrangements will also be further defined in consultation with NCDOT, the Fuquay-Varina Garden Club, and the Town. It is customary that a dedication ceremony be held for each memorial marker when it is placed. Town Staff will continue to work with the Fuquay-Varina Garden Club and NCDOT to determine an appropriate ceremony once the memorial markers have been received. Discussion – Mayor Byrne invited Mrs. Sandra Anastasio of the Fuquay-Varina Garden Club to address the Town Board. Mrs. Anastasio expressed her excitement to join with the Town in honoring our military. Mayor Pro-Tem Massengill and Commissioner Wunsch also expressed their excitement regarding this lasting memorial. Commissioner Gardner stated that our Historic Museums also have a Blue Star designation, and she is proud that the Town supports the military. Town Manager Mitchell and Mayor Byrne recognized Engineering Director Tracy Stephenson for his assistance with the project. Recommendation – Support the Town's participation and placement of two Blue Star Memorial Markers at the intersections of US Highway 401 & Academy Street and the intersection of NC Highway 55 & Fayetteville Street and authorize the Town Manager to execute the necessary agreements to participate in the Blue Star Memorial Marker program. MOTION: Mayor Pro-Tem Massengill SECOND: Commissioner Wunsch MOTION RESULTS: Passed Unanimously (5-0) Agenda Item No. 10.B: Award Design Contract - Community Center North / Senior Center Purpose – To approve consultant / professional services selection of the design team for the Community Center North / Senior Center Project. Staff Comments – Town Manager Mitchell entered the agenda abstract and supporting documents for this agenda item into the official record of the Town. He then provided general information regarding the agenda item and made the following remarks. In accordance with NCGS 143-64.31, Town Staff solicited Request of Qualifications (RFQ’s) for design and engineering consultants for the Community Center North / Senior Center Project beginning in August 2020. A copy of the Request of Qualifications is attached to this agenda item for reference. Town Staff received twenty-one RFQ's from highly qualified design and engineering firms on October 23, 2020. The RFQ’s were reviewed and scored by a selection committee consisting of Assistant Town Manager Mark Matthews, Engineering Director Tracy Stephenson, Assistant Engineering Director, Matt Poling Assistant Engineering Director, Parks, Recreation & Cultural Resources Director Jonathan Cox, Assistant Parks & Recreation Director Anthony DiMarzio, Recreation Program Administrator Beth Stephenson, and Senior Recreation Support Specialist Gerry O’Connell. Based on the scoring criteria established in the request for qualifications, HH Architecture and CPL scored the highest and were invited to interview with the Town on Monday, November 23, 2020. The interview panel consisted of the following Town staff: Town Manager Adam Mitchell, Assistant Town Manager Mark Matthews, Parks, Recreation & Cultural Resources Director Jonathan Cox, Engineering Director Tracy Stephenson, and Assistant Engineering Director Matt Poling. The RFQ submitted by HH Architecture and interview presentation demonstrated extensive relevant project experience, a very capable project team, a history of successful, related projects, and displays an exceptional understanding of the project. HH Architecture has previously designed the W. A. Foster Recreation Center and Herman Park Recreation Center in Goldsboro, NC, Five Points Center for Active Adults and Anne Gordon Center for Active Adults in Raleigh, NC, and is currently designing the High Point Senior Center in High Point, NC and the Senior Center West in Fayetteville, NC. Furthermore, HH Architecture has partnered with Lifespan Design Studio who specializes in senior center design and has completed over six dozen senior center designs spanning 28 states. HH Architecture has worked with 63 municipal clients primarily in North Carolina including 18 cities, 32 counties and 13 towns. Staff and management recommend the approval of consultant selection of the HH Architecture team. If selected by the Town Board, Town staff will work with HH Architecture to develop a work and fee scope that aligns with the design budget identified in FY 21. Discussion – There was no discussion from members of the Town Board regarding this matter. Recommendation – Designate HH Architecture as the best qualified firm for design services for the Community Center North / Senior Center Project consistent with NCGS 143-64.31 and authorize the Town Manager or designee to negotiate scope and fee within the approved design budget identified in the current operating budget, subject to the Town Attorney review as to form. In addition, CPL is designated the next best qualified firm. MOTION: Commissioner Smith SECOND: Commissioner Harris MOTION RESULTS: Passed Unanimously (5-0) ****************************** OTHER BUSINESS A. Town Manager’s Report – a brief report on the following was provided: Fire Department: Chief Mauldin and Deputy Chief Jones are presently in Nebraska working with the company that is designing the platform ladder truck. He recognized Assistant Fire Chief Scott Daniels who is attending the meeting virtually for Chief Mauldin. Public Utilities: Interviewing for a Water Quality Technician position.  Planning Department: Interviewing to fill the Program Support Specialist left vacant by Natalie McKinney. The site plan for the Raleigh Street Mix Use project has been approved and the construction of the project has begun. Engineering Department: Park Depot Greenway Trail is almost complete, and we will discuss with the Town Board changing the name of the trail. The pedestrian crossing signal has been installed and it should be opened to the public very soon. Inspections Department: 88 new single-family permits issued in November. The total new single-family permits issued so far is 920. Information Technology: The downtown kiosk has been delivered and the IT Department is testing software and it will go up in the next couple of weeks. Communications: WRAL’s “Out and About” segment featuring the Town of Fuquay- Varina downtown is planned to air on December 9, 2020. Parks & Recreation: Santa’s Mailbox is located at the Historic Mineral Spring where children are invited to drop off letters for Santa. Youth Sports games are underway as required by Executive Order 180, so participants are wearing masks at all times. The Splash Pad recirculating system should have three-phase power to be installed by Duke Energy very soon which will allow completion of that system. Arts Center: The Gingerbread House Competition is on display at the Arts Center. Family photos at the Mineral Spring Park happened this past weekend. Finance Department: Were able to complete the audit and the 1st Quarterly Report was submitted to the Town Board. Will continue to closely monitor financials as it relates to the impact of COVID-19. Public Works: Continue to see significant customer growth. Town staff is working on their portion of the Strategic Plan and it will be brought forward for discussion at the upcoming Retreat. Town Manager Mitchell stated he would like to hear back from the Town Board on confirming the dates (possibly for January 29 th - 31st or February 5 – 7th). B. Project Status Report – December 2020 C. Financial Quarterly Report – 1st Quarter FY 2020-2021 ***************************** TOWN BOARD MEMBER COMMENTS Mayor Pro-Tem Massengill made brief comments regarding the Gingerbread House competition in partnership with the Arts Center. He along with his family participated in the competition that was filmed by Spectrum News. He encouraged everyone to see the incredible houses that were submitted. Commissioner Smith stated that he was glad to be back at the Town Board meetings. He stated that the pandemic news is discouraging but he is happy about the projects that the Town Board approved tonight. Commissioner Harris stated that he is grateful for Town staff, and he is elated to hear the excellent financial audit report despite the League of Municipalities forecast on the sales tax impact from COVID. He reported that on November 17th and 18th he virtually attended the National League of Cities Conference where the theme was reimagining government because of COVID -19, economics and the issue of racism throughout the country. He gave an update on the Racial Equity Task Force and they hope to have a final report and recommendations next year. Commissioner Wunsch stated that it has been a great honor to serve on the Town Board for the last seven years and it is always awesome to see the projects discussed at the Town Board Retreats come to fruition. He also stated that he was excited to see the e-mail forwarded from Town Manager Mitchell regarding the NAACP’s positive comments about the reduced number of complaints filed which was less than half of the previous years. Commissioner Gardner agreed with all the comments made by members of the Town Board. She stated that this was the best meeting with all the exciting projects approved by the Board tonight. Mayor Byrne stated that the transformation that we are about to see downtown is going to be impactful. He commended Town staff on getting better daily. He reviewed other meetings that he attended in the previous week as well as upcoming events as follows: Past Events 11/18 – CAMPO Meeting 11/19 – Groundbreaking – Serenity (A Greenfield Community) 11/28 – Small Business Saturday 12/3 – Centennial Authority Meeting Upcoming Events 12/16 – CAMPO Meeting 12/18 – Wake County Mayor’s Association Meeting ****************************** CLOSED SESSION - Pursuant to N.C.G.S. § 143.318.11(a)(3) as it relates to Attorney/Client Privilege matters. A motion was made to hold a closed session meeting at 9:12 p.m. MOTION: Mayor Pro-Tem Massengill SECOND: Commissioner Wunsch MOTION RESULT: Passed Unanimously (5-0) ****************************** ADJOURN A motion was made to adjourn the meeting at 10:34 p.m. MOTION: Commissioner Wunsch SECOND: Commissioner Harris MOTION RESULT: Passed Unanimously (4-0) Adopted this the 17th day of December 2020 in Fuquay-Varina, North Carolina. FUQUAY-VARINA, NORTH CAROLINA John W. Byrne, Mayor ATTEST: (TOWN SEAL) Rose H. Rich, Town Clerk