Board of Commissioners

Fuquay-Varina Town Board Meeting Minutes Book - Page Fuquay-Varina Town Board Meeting March 7, 2022 J. Blake Massengill, Mayor Larry Smith, Mayor Pro-Tem William H. Harris, Commissioner The Regular Meeting of the Fuquay-Varina Town Marilyn B. Gardner, Commissioner Tracy Watson, Commissioner Board scheduled for Monday, March 7, 222, at Bryan Haynes, Commissioner Adam G. Mitchell, Town Manager 7:00 p.m. was held at the Fuquay-Varina Town Mark D. Matthews, Assistant Town Manager James (Jim) E. Seymour, Assistant Town Manager Hall, 134 N Main Street, Fuquay-Varina, NC. Rose H. Rich, Town Clerk James S. Adcock, III, Town Attorney In attendance were Mayor Blake Massengill, Mayor Pro-Tem Larry Smith and Commissioners Marilyn Gardner, William Harris, and Tracy Watson. Commissioner Bryan Haynes was absent. Also in attendance were Town Manager Adam Mitchell, Assistant Town Manager Mark Matthews, Town Clerk Rose Rich, Town Attorney James Adcock, and IT Director Scott Clark. CALL TO ORDER Mayor Massengill called the meeting to order at 7:12 pm after the State of the Town address. INVOCATION AND PLEDGE Mayor Pro-Tem Larry Smith provided the invocation and Retired Police Chief Laura Fahnestock led the Pledge of Allegiance. VIRTUAL MEETING PROTOCOL Town Manager Adam Mitchell reviewed the meeting protocol noting that the meeting was both in- person, via Zoom, and live streamed. APPROVAL OF MINUTES 3A The February 22, 2022, minutes of the Town Board of Commissioners regularly scheduled meeting. MOTION: Mayor Pro-Tem Smith SECOND: Commissioner Gardner MOTION RESULTS: Passed Unanimously (4-0) PRESENTATIONS 4A There were no presentations for the March 7, 2022, Town Board meeting. PUBLIC COMMENTS 5A No one chose to speak in person or virtually during public comments. At this time Mayor Massengill made comments regarding the cultural assessment that citizens requested at the last Town Board meeting to be placed on the agenda for discussion at the Town Board Retreat. He stated that the Town Board spent a significant amount of time having open and constructive dialogue regarding a cultural assessment. He stated that the Town Board unanimously decided that the Town of Fuquay-Varina will not be pursuing a cultural assessment for the organization. The Town will focus efforts on being an inclusive organization that is built on principles of diversity, fairness, and professionalism. He stated that the Town will direct its efforts to making sure that policies are reflective of the Town’s mission statement and that employees and the Town Board receive training to help be successful with this goal. He also stated that the North Carolina League of Municipalities continues to work with the Town and the Police Department to review policy and provide a comprehensive agency site evaluation designed to validate those policies and practices are meeting recommended best standards. Additionally, the Town Board, senior leadership and other members of Town staff will pursue training on topics such as unconscious bias, implicit and cultural bias, inclusive language, diversity, disability inclusion and emotional and cultural intelligence. Mayor Massengill advised that the Town’s Strategic Plan speaks to the Town’s commitment to diversity and inclusion through values, objectives, and initiatives. Mayor Massengill thanked the Town Board for being willing to have open, honest, and constructive dialogue regarding this matter. ITEMS PREVIOUSLY TABLED 6A There were no items previously tabled for the March 7, 2022, Town Board meeting. PUBLIC HEARINGS 7A Zoning Map Amendment & Land Use Plan Amendment - Gray Methven, Wakefield Development - 8537 Lake Wheeler Road - Portion of PIN 0689455964 - REZ-2021-10 Purpose – To consider a requested zoning map amendment for a total of 35.49 acres, located at a portion of Lake Wheeler Road, from the Residential Agricultural (RA) Zoning District to the Planned Unit Development (PUD) Zoning District and the corresponding Land Use Plan amendment from Mixed Use Neighborhood (MUN) to Mixed-Density Residential (MDR). Staff Comments – Town Manager Mitchell stated that staff received a request from the petitioner to postpone this matter until the April 4, 2022, Town Board meeting. The agenda abstract and supporting documents for this agenda item were entered into the official record of the Town. General information about the agenda item was as follows: The subject property totals 36.52 acres, of which, 35.49 acres are part of this rezoning petition. The subject property is located in the Town's extraterritorial jurisdiction (ETJ). The property is the subject of annexation ANX-2021-08. The subject property is generally forested with a single- family residence located on the western side of the property. The subject property is zoned Residential Agricultural (RA). The petitioner is requesting approval to rezone the property to a Planned Unit Development (PUD) Zoning District. PUD's are intended to permit variations and flexibility to create a unified development plan that would otherwise not be possible under the Land Development Ordinance. A PUD is intended to address urban design, meet the demand for all types of housing, integrate residential and commercial uses, encourages conservation and more efficient use of open space, protection of environmentally sensitive areas, enhances recreation and activities for healthy living, promotes a pedestrian friendly environment with well-designed and coordinated streets for pedestrian walkability. The petitioner's proposal requesting approval to rezone the property as a PUD does not integrate commercial or non-residential uses into the development. The petitioner has requested the following site-specific conditions be made applicable to the subject property: 1. Vinyl siding is not permitted. 2. Fiber cement siding will be used on all exterior elevations. Vinyl windows, shutters, soffits, decorative elements, and trim are permitted. 3. Front-facing garage doors shall have windows, decorative details, or carriage-style adornments. 4. A varied color palette shall be utilized on all homes throughout the subdivision and shall include siding, trim, shutter, and accent colors complementing the siding colors. 5. All homes shall include architectural shingles in a color that compliments the development's approved color palette. 6. Attached townhouses will consist of a mix of four (4), five (5), or six (6) unit buildings. More than 50% of the buildings will have more than five (5) units per building. 7. Attached townhouse end units shall include a minimum roof overhang of 12 inches. 8. All homes shall have a front door with a minimum of 25% glazing, transom, and/or door sidelights. 9. ROW Visibility: Any side or rear facing façade visible from a public ROW (existing or proposed) shall have a covered or enclosed porch, and/or decorative trim or shutters around all windows. 10. Roofs shall be pitched at 5:12 or greater (not including porches, bay windows, etc.). 11. Townhouse rooflines cannot be a single mass; it must be broken up horizontally and vertically between every two units by staggering the unit a minimum 24” or providing a minimum 8” vertical step between every two units. (See sample elevation). 12. A masonry material shall be provided along the front façade of all homes, equivalent in height to two (2) standard steps or a minimum of 14”. 13. Front entrances for all homes must have a covered porch/stoop area at the front door. 14. No home can be constructed with either an exterior elevation (front façade) or color palette that is identical to any other home in the same row (for townhomes), the next home on either side (for single-family) or directly across the street (for all attached and detached homes). 15. A minimum of three (3) of the following exterior materials/elements shall be used on each house: o Decorative shake o Decorative porch rails and posts o Shutters  o 1”x 4” Window Wrap o Decorative window pediments o Recessed windows o Side and/or Front Window Box Bays o Decorative brick or stone o Decorative gables o Decorative dormers o Decorative cornices o Metal roofing Proposed Residential Materials 16. Proposed materials will be of a similar palette to provide consistency of character along with visual interest. Exterior materials that may be incorporated into any of the residential structures include: o Fiber cement lap siding o Board and batten siding o Shake and shingle siding o Wood siding o Stone or synthetic stone o Brick 17. A minimum of two (2) of the following exterior materials will be applied to the front façade: brick, masonry, board, and batten, horizontal, or shake siding. Alternatively, the front façade of a building may be comprised of all masonry. A master plan is characterized by an integrated mixture of civic spaces, single-family detached homes, alley-loaded detached and attached townhomes, and commercial, non-residential uses. It provides for an overall integrated design that considers the placement of residential types, connectivity, character, transportation options, and preservation of natural features. To comply with the zoning map amendment petition requirements, the associated master plan (document and related maps) shall identify permitted uses, arrangement of uses, open space, thoroughfare network, utilities, pedestrian network, and architectural design and standards. The master plan shall also adhere to all other standards provided by Article Q and Appendix D of the Land Development Ordinance (LDO). The Petitioner's master plan proposes a maximum density of 3.38 dwelling units per acre with a maximum of 120 units (excluding the lot designated for the pump station). The proposed density is less than the maximum allowable density of six (6) dwelling units per acre. There is a proposed minimum of 55 attached townhome units that will have a minimum lot width of 20 feet; 20 detached townhome units that will have a minimum lot width of 30 feet; and 32 single- family detached lots consisting of ten (10) 8,000 square foot lots, five (5) 10,000 square foot lots; and two (2) 12,000 square foot lots that are to be located adjacent to the Ridgebrook Bluffs Community. The location of the single-family detached is intended to provide a transitional area from existing single-family neighborhoods to the north and east of the site to the higher density townhome units. Given that the current Land Use Plan designation for the subject property is Mixed-Use Neighborhood, staff maintains that some form of small-scale, neighborhood commercial, non-residential uses should be integrated into the petitioner's master plan proposal as envisioned by the Land Use Plan. Civic space is green space dedicated for community use and can take many forms, for both active and passive recreation. The master plan proposes a number of civic spaces including natural play areas, shaded pedestrian seating, a fire pit, grilling area, a dog park, pet waste stations, and general open space areas. The minimum open space required in a PUD is 20% of the gross acreage. The proposed master plan provides for dedication of 40%, or 14.35 acres, of the project area to open space, with an additional 1.89 acres of active recreation area. All homes will be within 500 feet of an active recreation area. Surrounding properties are generally residential in nature with some forested areas. The Ridgebrook Bluffs subdivision is to the north and east of the subject property, while the Village at Lake Wheeler subdivision located to the northwest of the site is currently under construction. Additionally, to the southwest and south of the property is the construction of the I-540 southern expressway. The 2035 Community Vision Land Use Plan (LUP) designates the subject property as the Mixed- Use Neighborhood (MUN) classification. Since the requested zoning is incompatible with the designation of MUN, the petitioner has included a Land Use Plan amendment as part of this zoning map petition, which will be described later in this report Public water is available to serve the subject property. Sewer will be extended as part of the development. The subject property is located along and has access to Lake Wheeler Road, which is classified as a 110-foot right-of-way by the 2035 Community Transportation Plan (CTP). The CTP identifies this street as a four (4) lane, median-divided roadway with sidepaths, with a future carrying capacity of 36,600 average daily trips (ADT). Currently, the street is a two (2) lane roadway with a carrying capacity of 18,300 average daily trips (ADT). 2019 NCDOT traffic counts taken on Lake Wheeler Road approximately a quarter mile south of the subject property indicate an average daily trip (ADT) count of 8,200. The future I-540 southern expressway currently under construction runs diagonally along the southwestern border of the subject property. The petitioner held two (2) neighborhood meetings on October 26, 2021, and December 1, 2021. The meeting reports are attached, and staff takes no position as to their content. The 2035 Community Vision Land Use Plan (LUP) calls for the subject property's Mixed-Use Neighborhood (MUN) classification. Mixed-Use Neighborhood neighborhoods include housing types and residential densities, integrated with commercial (non-residential) goods and services in a walkable center that residents visit daily. The general mix of uses envisioned for a mixed-use neighborhood includes residential and commercial uses (non-residential); The scale, character, and intensity of development in a mixed-use neighborhood should be compatible with, and transition to adjacent land uses. The petitioner has proposed a Land Use Plan amendment from MUN to Mixed-Density Residential (MDR) as the Petitioner believes rezoning to MDR to be more compatible with the surrounding properties. Staff does not agree with the petitioner's rationale given the current and expected growth in the region. Land classified as MDR is land formed as a neighborhood for a mix of housing types and densities. Homes are oriented interior to the site and typically buffered from surrounding development by transitional uses, topography, preserved open space, or landscaped areas. Typical densities in a mixed-density residential neighborhood range between 4.0 and 8.0 dwelling units per acre. All neighborhoods incorporate a comprehensive network of open space to accommodate small parks, gathering places, and community gardens, preserve tree stands, and help reduce stormwater runoff. Land classified as MDR do not require the integration of commercial (non-residential) goods and services. In Fall 2021, the Town began updating the Land Use Plan to ensure the intent and goals established in 2017 when the Land Use Plan was adopted are consistent with today's emerging development trends and the community's vision for current and future land uses and developments. The town staff advises against the Petitioner's request to change the Land Use Plan from MUN to MDR at this time. Staff recommends the request be denied until such a time as final recommendations and guidance are available from the updated Land Use Plan process, which is expected in early Spring 2022, or at a minimum table consideration of the request until the May 17, 2022, Town Board meeting. Should the Town Board choose to deny the petitioner's application then upon adoption of the updated Land Use Plan, staff would encourage the petitioner to reapply under the guidance of the newly updated Land Use Plan. Management and staff recommend denying the proposed zoning map amendment and associated Land Use Plan amendment. It is inconsistent with the 2035 Community Vision Land Use Plan and is not reasonable or in the best interest of the public for the following reasons: 1) Staff cannot support an amendment to the Land Use plan that varies from the previously adopted vision for the area established by both the Planning Board and Town Board while the Land Use Plan is being updated and therefore cannot recommend a rezoning request that would also require a Land Use Amendment. 2) Staff is not prepared to recommend against the current designation of Mixed-Use Neighborhood, which would require the incorporation of non-residential uses into the site, consistent with the Town's goal of strategically balancing the total blend of residential and commercial uses. Alternatively, staff can also support the recommendation of tabling consideration of the petitioner's application until the May 17, 2022, Town Board meeting allowing additional time for the Land Use Plan update to be completed. This item was tabled at the December 20, 2021, Planning Board meeting at the request of the petitioner. Following this meeting, Town staff did not receive updated project-related information, and the petitioner requested the petition be presented at the January 11, 2022, Planning Board with the Town staff's recommendation for denial. At the January 11, 2022, Planning Board meeting, the Planning Board voted to table consideration of the item to the February 21, 2022, meeting at the petitioner's request. On February 8, 2022, the petitioner and their representatives met with Town staff and the Land Use Plan update consultant, Matt Noonkester with City Explained. The petitioner had an opportunity to present their proposal to Mr. Noonkester for his consideration when updating the Land Use Plan. The petitioner requested the petition move forward for consideration at the February 21, 2022, Planning Board with the Town staff's recommendation for denial. At the February 21, 2022, Planning Board meeting, the Planning Board voted 4-2 recommending approval of the petition  against the recommendation of staff, finding that a mixed-use product that incorporated commercial uses would not be viable at the property. Dissenting votes concurred with staff's recommendations that taking action on any proposed rezoning’s with associated Land Use Plan amendments until the results of the Land Use Plan update are known could be detrimental to the Town's future land use planning. Town Manager Mitchell stated that the petitioner submitted a request to have this item tabled until the April 4, 2022, Town Board meeting. Public Hearing – The public hearing was opened. No one chose to speak in favor of, or in opposition to the proposed Land Use Plan and zoning map amendment. Discussion – There was no discussion from members of the Town Board regarding this matter. Recommendation – To continue the public hearing and table consideration of the land use plan and zoning map amendment to the April 4, 2022, Town Board meeting. MOTION: Mayor Pro-Tem Smith SECOND: Commissioner Watson MOTION RESULTS: Passed Unanimously (4-0) CONSENT AGENDA 8A Special Event and Amplified Sound Permit Application - Fainting Goat - Carolina Copperheads 12U Baseball Team Fundraiser/Corn hole Tournament - March 27, 2022 Purpose – To consider a special event and amplified sound permit request for the Carolina Copperheads 12U Baseball Team fundraiser at Fainting Goat Brewery scheduled for Sunday, March 27, 2022, as presented and recommended. Recommendation – Approve the special event and amplified sound permit request for the Carolina Copperheads 12U Baseball Team fundraiser at Fainting Goat Brewery scheduled for Sunday, March 27, 2022. 8B Special Event and Amplified Sound Permit Application - Fainting Goat - St. Baldrick's Foundation Fundraiser - March 13, 2022 Purpose –To consider a special event and amplified sound permit request for the St. Baldrick's Foundation fundraiser at the Fainting Goat Brewery scheduled for Sunday, March 13, 2022, as presented and recommended. Recommendation – Approve the special event and amplified sound permit request for the St. Baldrick's Foundation fundraiser at Fainting Goat Brewery scheduled for Sunday, March 13, 2022, as presented and recommended. 8C Special Event and Amplified Sound Permit Application - Community Shred Event - March 26, 2022 Purpose –To consider a special event and amplified sound permit request for the Community Shred Event at the Fuquay-Varina Chamber of Commerce scheduled for Saturday, March 26, 2022, as presented and recommended. Recommendation – Approve the special event and amplified sound permit request for the Community Shred Event at the Fuquay-Varina Chamber of Commerce scheduled for Saturday, March 26, 2022, as presented and recommended. A motion was made to approve Consent Agenda items 8A-8C. MOTION Commissioner Watson SECOND: Commissioner Gardner MOTION RESULTS: Passed Unanimously (4-0) ITEMS REMOVED FROM CONSENT 9A There were no items removed from the Consent Agenda for separate consideration. ADMINISTRATIVE REPORTS 10A Consultant Selection - Commercial, Retail, Hotel, and Market Feasibility Study Purpose – To consider approval of consultant and professional services selection for the Commercial, Retail, Hotel, and Market Feasibility Study. Staff Comments – Economic Development Director Tiffany McNeill entered the agenda abstract and supporting documents for this agenda item into the official record of the Town. She then provided information about the agenda item by making the following remarks. The Town of Fuquay-Varina Board of Commissioners has authorized funding for a qualified consultant to conduct a comprehensive commercial real estate market analysis. This project aims to provide an objective assessment of trends, demographics, economic conditions, and growth opportunities in Fuquay-Varina. The market study will consist of but is not limited to the following analysis: 1) Demographic analysis of the study area, including growth trends and employment characteristics. 2) Analysis of current and future market conditions. 3) Review local and regional major development trends and economic conditions impacting study area. 4) Inventory of office, retail, service, and hotel properties in the study area. 5) Analysis of rental rates for commercial, office, retail, and related properties. 6) Review and analyze the office, commercial, and hotel properties in the area for a sufficient mix that meets the economic demands appropriate to the demographic profile of the study area. 7) Identify opportunities and barriers for attracting, retaining, and expanding businesses. 8) Project future demand for office, commercial, and hotel properties over a defined time based on study area growth. The Town staff solicited Request for Qualifications (RFQs) for consultants to perform a Commercial, Retail, Hotel, and Market Feasibility Study in January 2022. A copy of the Request for Qualifications were provided for reference. Town staff received three RFQ responses on February 10, 2022. A Town Staff RFQ Review/Selection Committee reviewed and rated the three RFQ responses to select a preferred consultant. The RFQ submitted by planning and design consulting firm, Kimley-Horn, demonstrated extensive relevant project experience that  included a skilled and qualified project team, a history of successful, related projects, a deep understanding of our community and the project. Kimley-Horn has relevant experience working on market analysis and economic development projects. The firm has completed similar market feasibility projects for neighboring peer municipalities like Apex, Holly Springs, and Clayton. In addition, Kimley-Horn has experience conducting projects with larger municipalities like Charlotte, Raleigh, and Wilmington. Kimley-Horn also has experience working with the private sector development community, which will prove important when seeking access to private sector market data and local development projects. The market study is expected to be completed within the next six to eight months. Town management and staff anticipate bringing a negotiated scope and fee with terms to a future Town Board meeting. The FY 2022 Town of Fuquay-Varina budget includes funding for the Commercial, Retail, Hotel, and Market Feasibility Study. Discussion – Mayor Massengill stated that this document will help to recruit more business-like commercial, retail and hotels in our community which he noted that the community is seeking more. Recommendation – Designate Kimley-Horn as the best qualified firm for the Commercial, Retail, Hotel, and Market Feasibility Study Project and authorize the Town Manager or designee to negotiate scope and fee, subject to the Town Attorney review as to form. MOTION: Commissioner Gardner SECOND: Commissioner Watson MOTION RESULTS: Passed Unanimously (4-0) OTHER BUSINESS 11A Manager’s Report Town Manager Mitchell stated that the 2022 Town Board Annual Strategic Planning Retreat was fantastic, and a lot of work was accomplished. The Town Board gave direction to management for long range plans for the community as well as developing the fiscal year 2023 Budget and Five-Year Plan for the Town. He reported that the North Carolina Main Street Conference will be held virtually this week and several Town Board members will be actively involved in the conference as well as staff members.  Town Manager Mitchell then made the following departmental reports: Finance Department – The Finance Department is reviewing departmental budget request and revenues in advance of department budget meetings that will begin next week. Parks and Recreation Department – The Parks and Recreation Department Youth Sports registration received a total of 3,456 participants. This is an increase of 68.9% from the Spring of 2021 and a 13.4% increase from last Fall. Public Works Department – The Public Works Department has finalized the agreement with Sunoco and will begin taking recyclables to their facility this week. Arts Center – The Arts Center will host the virtual North Carolina Main Street Conference this week. This Thursday evening Carolina Sound which is a North Carolina’s premier acapella group will perform at 7:30 pm. Also, An Evening of Theater for the Cultural Arts Society’s - Celebration of Historical Moments in Black History in music and spoken word will take place this Friday, March 11 at 6:00 pm. On March 17th the play “One Noble Journey” will be performed. On March 24th there will be a concert performed by upcoming country star Paige King Johnson and on March 25th a tribute to the music of ABBA will be performed. Town Manager Mitchell thanked senior leadership for assisting management with preparing documents and information for the annual planning retreat. 11B. Project Status Report – March 2022 11C. Fiscal Year 2022-2023 Budget Discussion – No one from the Town Board gave any addition input for the Fiscal year 2022-2023 budget discussion. 11D. Coffee with a Cop - Juicehaus - 509 Broad Street - Tuesday April 5, 2022 - 9:00 - 10:30 am BOARD MEMBER COMMENTS Commissioner Gardner expressed her gratitude again to Communications Director Susan Weis and Mike Cole of Amazing Studios for the “best State of Town address ever”. She also stated that it was a great Town Board Retreat that involved substantive discussions and some difficult topics. Commissioner Harris stated that the State of the Town video is always exciting and unique and captures what the Town is doing in a way that makes it understandable to everyone. He stated that the Town Board retreat was excellent, and they were provided timely information. He also stated that he is excited for the future goals for the Town. Commissioner Watson stated that the State of the Town video was great. She thanked Amazing Studios for all their hard work on the video. She stated that the Town Board retreat was great and that they had very good conversations and had wonderful speakers. She reported that there will be a community shred event on March 26th at the Chamber of Commerce from 10:00 am -1:00 pm. She also stated that she will be at Pints later this month and she encouraged citizens to come out, get some ice cream and talk with her. The date for this event will be announced later. Mayor-Pro-Tem Smith stated that he, along with Fire Chief Tony Mauldin, and Interim Police Chief Tim Smith were judges for the American Legion’s Chili Cook Off event which was a lot of fun. He stated that the Town Board retreat was very informative, and he appreciates staff bringing appropriate speakers to the retreat. He also reported that he attended the Groundbreaking Ceremony for the Bengal Town Centre. Mayor Massengill thanked Amazing Studios for the great video for the State of the Town. He stated that the virtual North Carolina Main Street Conference will be held this week. He reported that he attended the Groundbreaking Ceremony for the Bengal Town Centre. He thanked employees who also participated in Youth Sports as coaches that help our youth to learn the sportsmanship and teamwork. The following items are Mayor Massengill’s past and future events: Past Events 2/8 – FVDA Board Meeting 2/8 – Speaking to Cub Scouts 2/15 – Elected Official Night at Chamber of Commerce 2/16 – CAMPO meeting 2/17 – Presentation of School Historic Markers 2/21 – Wake County Mayor’s Association Meeting  Upcoming Events 3/8-11 – Main Street Conference (Virtual) 3/14 – Read to Ballentine School Class 3/15 – Panelist for Triangle Community Coalition Annual Meeting 3/16 – CAMPO Meeting 3/18 – Tour RDU Airport 3/21 – Wake County Mayor’s Association Meeting ADJOURNMENT A motion was made to adjourn the meeting at 7:47 p.m. MOTION: Mayor Pro-Tem Smith SECOND: Commissioner Harris MOTION RESULT: Passed Unanimously (4-0) The minutes from the March 7, 2022, Town Board of Commissioners regularly scheduled meeting are adopted this 22nd day of March in the year 2022 in Fuquay-Varina, North Carolina. FUQUAY-VARINA, NORTH CAROLINA J. Blake Massengill, Mayor ATTEST (TOWN SEAL) Rose H. Rich, Town Clerk