Board of Commissioners

Fuquay-Varina Town Board Meeting Minutes Book - Page Fuquay-Varina Town Board Meeting May 2, 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, May 2, 2022, 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, Tracy Watson, and Bryan Haynes. Commissioner William Harris was absent. Also in attendance were Assistant Town Managers Mark Matthews and Jim Seymour, Town Clerk Rose Rich, Town Attorney James Adcock, and IT Director Scott Clark. Town Manager Adam Mitchell was absent due to illness. CALL TO ORDER Mayor Massengill called the meeting to order at 7:01 pm. INVOCATION AND PLEDGE Mayor Pro-Tem Larry Smith provided the invocation and Attorney John Adcock led the Pledge of Allegiance. VIRTUAL MEETING PROTOCOL Assistant Town Manager Jim Seymour reviewed the meeting protocol noting that the meeting was both in-person, via Zoom, and live streamed. APPROVAL OF MINUTES 3A The April 19, 2022, minutes of the Town Board of Commissioners regularly scheduled meeting. MOTION: Mayor Pro-Tem Smith SECOND: Commissioner Gardner MOTION RESULTS: Passed Unanimously (5-0) PRESENTATIONS 4A Oath of Office - Police K-9 - Shadow Purpose – To reintroduce K-9 Dash, to introduce new K-9 Shadow and for Mayor Massengill to administer the K-9 Oath of Office to Shadow. Staff Comments – Captain Tim Smith entered the agenda abstract and supporting documents for this agenda item into the official record of the Town. He then provided information about the agenda item by making the following remarks. The Fuquay-Varina Police Departments K-9 Program started back in 2017 under former Chief of Police, Laura Fahnestock’s leadership. The program consisted of one K-9 but has recently expanded to two. In January 2022, a second K-9 was purchased with a grant from the Cary Kennel Club and the AKC Reunite Adopt a K-9 Cop Program. This grant provided the funding to purchase K-9 “Shadow” as well as equipment associated with him. The Town recognizes and acknowledges appreciation to the Cary Kennel Club and members from the AKC Reunite Adopt a K-9 Cop Program. Having a K-9 Program elevates the level of service the Police Department provides to the citizens of Fuquay-Varina. These K-9’s have the ability to: Track (Missing Persons, Runaways, fleeing suspects) Search for articles (evidence used in a crime, lost property) Drug detection (vehicles, buildings, open areas) Apprehend violent criminals Master Officer Jeslis and K-9 Dash became a team on August 26, 2021. Together they completed Canine School at Ventosa Kennel, Inc. and graduated on October 29, 2021. Dash has been with us since 2017 and was the first K-9 in the history of the Fuquay-Varina Police Department. Dash is a German Sheppard from Holland, is 5 years old, and understands Dutch. Officer Jeslis and K-9 Dash have far exceeded expectations. K-9 Dash has been deployed several times in a variety of capacities to include tracking, perimeter security, article searches, and drug detection. Since October 29, 2021, Officer Jeslis and K-9 Dash have located and seized over 159 grams of drugs (5.6 ounces) and several items of drug paraphernalia. Officer Parker and K-9 Shadow became a team on January 31, 2022. Together they completed Canine School at Ventosa Kennel, Inc, and graduated on March 11, 2022. Shadow is a Belgium Malinois and German Sheppard mix from Hungary, is 18 months old, and understands Dutch. Officer Parker and K-9 Shadow have exceeded expectations as well. K-9 Shadow has been deployed several times in a variety of capacities to include drug detection, and tracking. Since March 11, 2022, Officer Parker and K-9 Shadow have located and seized over 232 grams of drugs (8.18 ounces) and several items of drug paraphernalia. Mayor Massengill stated that it is an honor to administer the oath of office to police officers, but this is his first time administering the oath of office for a K-9. He thanked the Police  Officers for all they do to protect the citizens of Fuquay-Varina, and he looks forward to K-9 Dash and K-9 Shadow being a part of those efforts. 4B FY 23 Operating Budget and Five Year Operating and Capital Plan Presentation Ø This item was discussed after Item 4 C. Purpose – To receive a presentation of the Town Manager's Fiscal Year 2023 Recommended Budget and consider scheduling a public hearing for June 6, 2022. Staff Comments – Assistant Town Manager Mark Matthews entered the agenda abstract and supporting documents for this agenda item into the official record of the Town. He then provided information about the agenda item by making the following remarks. On April 12, 2022, the Town's Governing Board received a presentation regarding the preliminary draft proposed FY 23 budget. A balanced budget and five-year operating and capital plan were presented along with identified human resource needs, facilities, and the capital equipment to maintain and in some cases improve service levels as the addition of customers and Town infrastructure has increased workload demands on Town staff. In addition to receiving an abbreviated presentation of the Recommended Budget, the Town Board would be asked to take action to schedule a budget public hearing for June 6, 2022, as required by NC General Statute. Along with the pre-budget public hearing that the Town traditionally holds during the month of February, Town staff developed and advertised a budget survey in January and February 2022 to provide citizens an additional opportunity to share their budget priorities in advance of the budget process. Questions allowed citizens to rank, in importance, the Strategic Plan's Core Values of Effective Government and Governance, Fiscal Strength, Safety and Security, Economic Vitality, Preserving Character and Identity, and Quality of Life. Citizens were also asked to define what these Core Values meant to them. Public input was taken into consideration in the development of the FY 23 budget. Management's recommendation is to schedule a budget public hearing for June 6, 2022, as required by NC General Statute. During this budget public hearing, the public will have the opportunity to offer input and feedback prior to budget adoption. Between May 3 and June 6, 2022, the public is invited to review the budget on the Town’s website as well as offer any input and/or feedback. The proposed FY 23 General Fund Budget totals $51,359,268. The recommended budget proposes a property tax rate of 42.5 cents for every $100 in value. This includes a 3-cent property tax rate increase consistent with the previously adopted Five Year Plan to offset the expense related to the construction (debt service), personnel, and operating costs of a fourth fire station. The proposed budget also includes a change in Solid Waste fees from $14.25 to $20 per month to achieve cost recovery for sanitation, recycling, and debris collections services, the addition of a new Inspections contractor change fee to cover the cost of adding or changing permit contractors ($55 per permit / per trade), several adjustments intended to streamlining the Planning fee schedule, and new sign fees are increased to cover cost escalation on sign materials. Parks and Recreation propose increasing some Facility User, Program, and Youth Athletic fees to cover cost increases associated with the delivery of those programs, and the Arts Center proposes restructuring some fees to better reflect how the Facility and Theatre are rented. The full Fee Schedule was provided with greater detail. The Utility Fee Schedule proposes several changes including a 9.9% increase in water and sewer base and volumetric rates, consistent with the rate model study completed in FY 2022, to phase in the additional revenue needed to cover the cost of water supply, wastewater treatment, and debt service associated with major public utility infrastructure investments within the Five-Year Plan. The proposed budget also recommends bringing the Water System Development Fee to $3,030, based on a System Development Fee Study completed in FY 2022, to assist in supporting the expansion of water and wastewater infrastructure. The Town Board will not be asked to act on the system development fee recommendation until the required 45-day posting of the consultant report has expired. This will likely be at a board meeting after the requested action to adopt the FY 23 budget on June 6. Additionally, increases in Water and Sewer Tap and Irrigation Water Service fees are proposed to cover meter installation costs. The Five Year Operating and Capital Plan are balanced. The Five-Year Plan identifies the need for a 2.5-cent tax rate increase in FY 2024 to offset the expense related to the construction, personnel, and operations associated with the Community Center North facility. While lower than advertised in advance of the Bond Referendum, the current revenue outlook contemplates a portion of the debt service and operations of this facility being covered with tax base growth subject to favorable construction bids. The plan includes the addition of personnel, capital equipment, and capital projects to match the pace of growth and is consistent with the direction set by the Town Board at the Strategic Planning Retreat and the Town's 2021-2025 Strategic Plan. The Five-Year Plan also takes into consideration recommendations from various Town master plans and studies. Additionally, the Five-Year Plan anticipates the need for water and sewer volumetric rate increases every year to offset the anticipated supplier increases and to cover the debt service required for additional water capacity for system users, consistent with the utility rate study. No additional System Development Fee increases are assumed. Discussion – Mayor Massengill stated that the tax increase and the fire station numbers have been shown for years in the five-year plan. He stated that management has been working to improve the ratios for Fire and Police personnel and the Town is fortunate to be able increase those numbers to due to growth. He stated that we need to continue to recruit and add positions for the Fire and Police Departments, as well as the Public Works Department. In addition, he stated that he was glad to see the resurfacing project for the tennis courts at Action Park being pushed forward to the current fiscal year and removed from the proposed FY 23 budget. Assistant Town Manager Matthews stated that three of the tennis courts will  remain open until demolition starts. Commissioner Watson asked how long the resurfacing process will take of the tennis courts. Assistant Town Manager Matthews stated procurement could take up to 60 days and then construction would take about 60 days. Mayor Massengill asked if the water and sewer rates had been calculated by an engineering firm. Assistant Town Manager Matthews stated that the Town by statutory guidelines hired a rate analysis firm, Willdan. They were hired to review both base and volumetric rates as well as system development fees. Mayor Massengill thanked management and staff for all the hard work that was put into the budget process. Recommendation – Schedule a public hearing on the Town of Fuquay-Varina FY 23 Budget for June 6, 2022. MOTION: Commissioner Gardner SECOND: Commissioner Watson MOTION RESULTS: Passed Unanimously (5-0) 4C Proclamation - National Public Service Week - May 1-7, 2022 Ø This item was discussed after Item 4A. Purpose – For Mayor Massengill to present a Mayor's Proclamation recognizing National Public Service Week in the Town of Fuquay-Varina, May 1-7, 2022. Mayor Massengill read the proclamation for National Public Service Week. He stated that it was important to recognize National Public Service Week throughout the country and the excellent customer service and hard work that our employees provide here in Fuquay-Varina.  Human Resources Director Wendy Moody stated that the Town will be honoring the employees this month with a picnic and other treats. She stated that we wanted to recognize our employees for all they do and to show them how much we appreciate them. Ø Mayor Massengill added to the agenda the 2022 Citizens Engagement Award by the North Carolina League of Municipalities. He stated that Commissioner Haynes and Commissioner Watson accepted the runner up award last week at the NCLM City Vision Conference on behalf of the Town. Commissioner Haynes stated that the award was presented for the 2021 State of the Town Address that was recognized all over the state. Mayor Massengill thanked Communications Director Susan Weis for leading the efforts with our communications and marketing. PUBLIC COMMENTS 5A No one chose to speak in person or virtually during public comments period. ITEMS PREVIOUSLY TABLED 6A Town Code Amendment - Town of Fuquay-Varina - Land Development Ordinance (LDO) Amendment #16 - CTA-2021-05 Purpose – To consider a proposed text amendment to the Town Code of Ordinances, Part 9 Land Development Ordinance, Amendment #16 that addresses several areas for improvement. Staff Comments – Planning Director Pam Davison 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. 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 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: • Article F has undergone a complete rewrite and is attached herein as Attachment A. Changes included are: o A consolidation of the permitted use table with the form-based permitted use table, which was previously part of Appendix B. o A comprehensive restructuring of the permitted use table factoring in modernized land development uses. o The development standards which accompany the permitted use table have been amended to provide clarity, correct clerical errors, and update the use regulations to respond to modernized development land uses. Section 2, Article G: • Clerical errors have been edited in section 9-1305 that indicate the date for which the standards apply. • Language has been removed from section 9-1309 and compiled in section 9-1255. Previously there were additional development standards for accessory structures listed here that were more appropriately located in the accessory structure section of Article F, Section 9-1255. Section 3, Article H: • The allowance for parapets to be included as an architectural treatment for commercial buildings has been removed. Section 4, Article K: • Language has been added to section 9-1502 that nonconforming places of worship existing at the time of this amendment will be permitted to expand upon approval of a Special Use Permit and site plan. Section 5, Article M: • Language has been added to section 9-1606 that requires developers to provide as a covenant of a subdivision and enforceable by the homeowners' association, provisions that easements can be granted to the Town on common areas owned by the homeowners' association without the action of bringing lot owners together (joinder). • Language has been removed from section 9-1606 that required cross-access between industrial uses. Cross-access is not typically encouraged between industrial and non- industrial site uses. • A grammatical error has been edited in section 9-1611 where the term "Low Density Residential (LDR)" was used instead of "Residential Low Density (RLD)". Section 6, Article N: • Language has been added in this section that indicates that all privately owned, LDO- required, off-street parking lot lighting is required to be maintained and operational. • The option for gravel to be used as a residential parking material has been removed to be consistent with the standards in other sections of the LDO. Section 7, Article O: • Language in section 9-1710 indicating that buffers are only required between nonresidential uses has been removed. It has been the practice of staff to require buffers anywhere the LDO otherwise requires. This language is contradictory to other sections of the LDO. • Language has been removed from section 9-1713 that placed an unreasonable standard on landscape plantings in the Type C buffers. The language now achieves the same result without user confusion. Section 8, Article P: • Language has been removed from sections 9-1752 & 9-1753 that instituted staggered terms for both the Planning Board and Board of Adjustment. The terms are overly complicated and do not achieve the intended result. All Planning Board and Board of Adjustment members will serve three (3) year terms without exception. Staggering of terms has happened organically, so that required staggering is no longer necessary. Section 9, Article Q: • The requirement for system development fees (water and sewer) has been removed from this section as it is no longer applicable per State statutes. In 2021, the Town stopped collecting system development fees at the time of final plat, and now collects fees at the time of building permit application, in compliance with North Carolina General Statutes. • Two references to Article F in section 9-1808 have been updated to conform with the changes made in Article F. • A grammatical error has been fixed in section 9-1808 where the word "Site" was spelled "Sire". • The requirement for a pre-submittal meeting has been added to the section on Street Closures. Previously this was not a requirement, but staff feels pre-submittal meetings for this process will be valuable in ensuring accuracy and efficiency of submittals. Additionally, it has been clarified that the submission of a Street Closure application should be made to the Planning Department, rather than the Town Clerk. While the Town Clerk is ultimately responsible for facilitating the approval, the Planning Department collects and processes the requests and forwards it to the Town Clerk. Section 10, Article S: • Article S has undergone a rewrite to align with the changes made in Article F, as well as clarify, condense, and modernize some definitions. It is herein included as Attachment B. Section 11, Appendix A: • An error has been corrected in section 9-2003 that indicated the section was referring to the Downtown Center-1 district, when it was referring to Downtown Center-2 instead. Section 12, Appendix B: • Several edits have been made to Appendix B to align it with changes made to the permitted use table. Previously, Appendix B had a separate permitted use table that addressed permitted uses in the Form-Based Districts of Residential Mixed-Use, Neighborhood Mixed-Use, and Urban Mixed-Use. In practice, this was confusing and not user friendly. Condensing the two (2) permitted use tables gives the user a single place of reference when researching permitted uses. This section's amendments include two tables which are included herein as Attachments C & D. Section 13, Appendix D: • A grammatical error has been corrected in section 9-5000. At the December 20, 2021, regular meeting, the Planning Board unanimously voted to recommend approval. During the January 3, 2022, Town Board meeting, the Town Board unanimously voted to table consideration of this text amendment to the February 7, 2022, regular meeting. Before the February 7, 2022, Town Board meeting, management and staff requested the item be tabled 60 days to the April 4, 2022, Town Board meeting to work through an area of concern presented by the Town Board. Prior to the April 4, 2022, Town Board meeting, management, and staff requested to table consideration once more to the May 2, 2022, Town Board meeting to align the text amendment's revisions with the update of the 2040 Community Vision Land Use Plan. Since the Planning Board's recommendation, the permitted use table has been updated to reinstate Place of Worship and Temporary Place of Worship back into the residential and commercial zoning districts as is currently permitted. 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, and allows for ease of use and enforcement, specifically concerning the Town's current development standards.  Public Hearing – The public hearing was opened. No one from the audience or virtually chose to speak in favor of, or in opposition to the proposed Town Code Amendment. The public hearing was closed. Discussion – Mayor Pro-Tem Smith thanked staff and management for diligently working on this amendment to address some of the concerns that came from the public and the Town Board. for working with citizens putting this together to make our Town better. Mayor Massengill stated that staff spent a lot of time with members of the community about this plan and the feedback from the community was taken into consideration. He stated that Planning Director Davison and her staff did a great job listening to the community. Commissioner Gardner stated that she really appreciated staff taking the time with these different amendments so that we are sure going forward that they will be in line with the Town’s new Land Use Plan. Recommendation – Approve CTA-2021-05 Amendment #16, an amendment to the Town Code of Ordinances, Part 9 Land Development Ordinance, as it is reasonable and in the best interest of the public for the reasons identified by management and staff. MOTION: Mayor Pro-Tem Smith SECOND: Commissioner Haynes MOTION RESULTS: Passed Unanimously (5-0) Ordinance No. PZ-22-01 6B 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 – Planning Director Pam Davison 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 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, the petitioner has proposed a minimum one (1) acre lot along the Lake Wheeler Road frontage for a small-scale neighborhood commercial non-residential use that is shown integrated into the petitioner's master plan proposal for a PUD. 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 proposed master plan provides for dedication of 20%, or 6.22 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. 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 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. Management and staff recommend approval of the proposed zoning map amendment and associated Land Use Plan amendment. It is consistent with the Town's vision for a mixed-use development site and is reasonable and in the best interest of the public. 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. At the February 21, 2022, Planning Board meeting, the Planning Board voted 4-2 recommending approval of the petition. Prior to the March 7, 2022, Town Board meeting, the petitioner requested to have consideration tabled to the April 4, 2022, Town Board meeting in order to allow more time for the consultant and Town staff to release the update to the 2040 Community Vision Land Use Plan. Prior to the April 4, 2022, Town Board meeting, the petitioner requested to have consideration tabled to the May 2, 2022, Town Board meeting in order to allow more time for Town staff to review the impact of the 2040 Community Vision Land Use Plan. Since April 4, 2022, the petitioner has submitted a revised master plan adding a nonresidential parcel along the Lake Wheeler Road frontage. Management and staff believe that the integration of a nonresidential parcel into the development meets the intent of a mixed-use development site and responds to the goals proposed in the 2040 Land Use Plan update. Public Hearing – The public hearing was opened. Matthew Danielson, of 3100 Smoke Tree Court, Raleigh spoke in favor of the Zoning Map Amendment & Land Use Plan Amendment on behalf of the applicant. No one chose to speak in opposition to the proposed Zoning Map Amendment & Land Use Plan Amendment. The public hearing was closed.  Discussion – Mayor Massengill thanked the developer for working with Town staff and for adding some of the things that staff recommended. Recommendation – Approve REZ-2021-10, a zoning map amendment at 8537 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). MOTION: Commissioner Haynes SECOND: Commissioner Watson MOTION RESULTS: Passed Unanimously (5-0) PUBLIC HEARINGS 7A Zoning Map Amendment - Jim Bartlett - 453 Longfellow Street - PIN 0657702203 - REZ- 2022-02 Purpose – To consider a requested zoning map amendment for a total of 0.17 acres, located at 453 Longfellow Street, from the Residential Medium Density (RMD) Zoning District to the Town Center Residential (TCR) Zoning District. Staff Comments – Planning Director Pam Davison 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 subject property consists of two lots (lots 177 & 178 from the original Lincoln Heights Subdivision - BM1945-79) and totals 0.17 acres. It is located in the Town's corporate limits and is currently vacant and wooded. Since these lots are adjacent and under the same ownership, Wake County Tax Department has mapped these lots as one lot per policy. These lots were recently readdressed from 413 Longfellow St to 453 Longfellow St, effective March 23, 2022. The zoning map amendment petition requests approval of the Town Center Residential (TCR) Zoning District. A residential density of 10 units per acre is permitted within the TCR Zoning District, which is intended to provide for residential development of varying types to support the downtown center districts and is applicable only within the Judd Parkway loop. The TCR Zoning District requires submittal of a master plan; however, proposed developments totaling four (4) lots or fewer are permitted to submit a plot plan in lieu of the required master plan. This zoning map amendment requests two (2) lots, and as such, a plot plan has been submitted. The petitioner has requested the following site-specific conditions be made applicable to the subject property: 1. Fiber cement siding will be used. Vinyl may only be used on windows, decorative elements, and trim. 2. One ornamental tree will be planted in the front yard, Crepe Myrtle or similar. 3. Front door(s) will include partial glass and transom. Surrounding property is primarily residential of a variety of densities, making up the neighborhoods that begin the transition into downtown. The 2035 Community Vision Land Use Plan (LUP) calls for the Town Center Residential (TCR) classification at the subject property. The LUP's recommendation, LU.4 — Encourage Infill Development & Redevelopment Inside Town Limits, incentivizes infill development and redevelopment projects inside Town limits as a way to reinvest in the existing downtowns and neighborhoods. Furthermore, the LUP's recommendation H.2 — Grow in Downtowns incentivizes creating and maintaining affordable housing in the downtown areas. The requested zoning district is consistent with the 2035 LUP classification. Public water and sewer utilities are available to serve the subject property. The subject property is located on and has access to Longfellow Street. Longfellow Street is classified as a local street in the Town's Community Transportation Plan (CTP). Longfellow Street is a Town maintained road and therefore NCDOT traffic counts are not available. A neighborhood meeting was held by the petitioner on February 21, 2022, via the Zoom web application. The meeting report is attached. Staff takes no position as to its content. Management and staff recommend approval of the proposed zoning map amendment as it is reasonable and in the best interest of the public for the following reasons: 1. The requested zoning map amendment is consistent with the 2035 Community Vision Land Use Plan for the designation of Town Center Residential (TCR). 2. The requested zoning district supports infill development and reinvestment in downtown neighborhoods per the 2035 LUP’s recommendation LU.4 — Encourage Infill Development & Redevelopment Inside Town Limits. 3. The requested zoning district supports the goals of creating a variety of housing inventory approaching the existing downtown neighborhoods per the 2035 LUP's recommendation H.2 — Grow in Downtowns. 4. The requested zoning district is complementary to residential uses in the general vicinity. 5. The requested zoning district is consistent with the proposed updated 2040 Land Use Plan that is currently under review by staff and management. At the April 18, 2022, regular meeting, the Planning Board unanimously voted to recommend approval. Public Hearing – The public hearing was opened. No one chose to speak in favor of, or in opposition to the proposed Town Code Amendment. The public hearing was closed. Discussion – There was no discussion from members of the Town Board regarding this matter.  Recommendation – Approve REZ-2022-02, a zoning map amendment at 453 Longfellow Street, from the Residential Medium Density (RMD) Zoning District to the Town Center Residential (TCR) Zoning District. The proposed amendment is consistent with the 2035 Community Vision Land Use Plan and reasonable and in the best interest of the public for the reasons identified by staff. MOTION: Mayor Pro-Tem Smith SECOND: Commissioner Gardner MOTION RESULTS: Passed Unanimously (5-0) 7B Zoning Map Amendment - The Curry Engineering Group, PLLC - 1601 N Main Street - PIN 0677025023 - REZ-2022-03 Purpose – To consider a requested zoning map amendment for a total of 1.44 acres, located at 1601 N Main Street, from the Corridor Commercial Conditional Zoning District (CC-CZD) to the Corridor Commercial Conditional Zoning District (CC-CZD). Staff Comments – Planning Director Pam Davison 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 property totals 1.44 acres and is currently in the Town's corporate limits. The property is vacant and generally cleared with some trees and brush. The property is currently zoned Corridor Commercial Conditional Zoning District (CC-CZD). The zoning map amendment petition requests approval of the Corridor Commercial Conditional Zoning District (CC-CZD). This zoning district is intended to accommodate medium-scale intensity nonresidential development of a mix of convenience services, retail, office and limited institutional uses. This property was rezoned as part of REZ-2021-05. This rezoning petition is to update the site-specific conditions to allow for additional allowable uses and provide additional protection to the adjacent residential use through the restriction of roll-up service doors to all facades facing the residential property. The previously approved zoning conditions listed Automotive Express Service as the only permitted use provided a 30' Type A evergreen buffer adjacent to 1403 Wilbur Jones Road, and prohibited roll-up service doors on only the western facade of the proposed building. The petitioner is requesting only the following uses be permitted at the subject property: o Tire Sales & Service o Vehicle Parts & Accessories, Retail o Automotive Express Service o Automotive Repair The petitioner is requesting the following site-specific conditions to the subject property: 1. Provide a minimum 30' Type A perimeter buffer adjacent to 1403 Wilbur Jones Road comprised entirely of evergreen plant materials. This buffer will revert to standard buffer width and planting standards in the event 1403 Wilbur Jones Road ceases to be a residential use. 2. Roll up service doors for the garage will be prohibited on the building facades facing 1403 Wilbur Jones Road. Surrounding properties are generally a mix of commercial and residential uses with some forested area. The Brennan Way subdivision lies to the north across the Norfolk Southern Railroad and a single-family home is immediately adjacent to the northwestern property line. To the east, southwest, and west of the property are commercial uses ranging from automotive related businesses, restaurants, and personal care uses. Directly east of the property is the recently completed UNC Healthcare Flagship Medical building. The 2035 Community Vision Land Use Plan (LUP) calls for the Small-Scale Commercial Center (SSCC) classification at the subject property. This classification is defined as land supporting small-scale commercial centers that provide goods and services to surrounding neighborhoods. Their proximity to neighborhoods requires that operations be low-intensity, unobtrusive, and at a scale and design compatible with nearby residential development. The requested zoning map amendment is consistent with the 2035 Community Vision Land Use Plan. The Town is currently updating its 2035 Land Use Plan. The proposed updated 2040 Land Use Plan update recommends designating the property as Suburban Commercial which aligns with the current 2035 Land Use Plan land designation of Small-Scale Commercial Center (SSCC) classification. Public water and sewer are available to serve the subject property. The subject property is located at the corner of N Main Street (US HWY 401) and Wilbur Jones Road. N Main Street (US HWY 401) is classified by the Town's 2035 Community Transportation Plan as a 120-foot right-of-way and identified as a four (4)-lane, median divided cross section with sidepaths, and a future carrying capacity of 36,600 ADT. It is currently a four (4)-lane road with a center turn lane with a carrying capacity of 27,600 ADT. 2019 NCDOT traffic counts taken approximately 200 feet to the east of the property on N Main Street (US 401) indicated a volume of 32,500 ADT. Wilbur Jones Road is classified by the Town's 2035 Community Transportation Plan as a 70-foot right-of-way and is identified as a two (2)-lane cross-section with sidewalks and a future carrying capacity of 9,500 ADT. It is currently a two (2)-lane road with a carrying capacity of 9,200 ADT. The petitioner held a neighborhood meeting on March 15, 2022, at Curry Engineering, 205 S Fuquay Avenue, Fuquay-Varina. The meeting report is attached, and the staff takes no position as to its content. Management and staff recommend approval of the proposed zoning map 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. The requested zoning map amendment is consistent with the 2035 Community Vision Land Use Plan'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.  2. The requested zoning map amendment is consistent with the proposed updated 2040 Community Vision Land Use Plan recommendation to designate the property as Suburban Commercial as this land use designation aligns with the 2035 Land Use Plan's Small-Scale Commercial Center classification. 3. Conditions proposed by the petitioner effectively limit future development to be compatible with the surrounding areas. At the April 18, 2022, regular meeting, the Planning Board unanimously voted to recommend approval. Public Hearing – The public hearing was opened. Don Curry of Curry Engineering Group, 205 S. Fuquay Avenue, spoke in favor to the zoning map amendment. No one chose to speak in opposition to the proposed Town Code Amendment. The public hearing was closed. Discussion – There was no discussion from members of the Town Board regarding this matter. Recommendation – Approve REZ-2022-03, a zoning map amendment at 1601 N Main Street, from the Corridor Commercial Conditional Zoning District (CC-CZD) to the Corridor Commercial Conditional Zoning District (CC-CZD). The proposed zoning map amendment is consistent with the 2035 Community Vision Land Use Plan and is reasonable and in the best interest of the public for the reasons identified by management and staff. MOTION: Mayor Pro-Tem Smith SECOND: Commissioner Watson MOTION RESULTS: Passed Unanimously (5-0) CONSENT AGENDA 8A Special Event Application and Amplified Sound Permit Request - Flags for Heroes Sponsored by the Rotary Clubs of Fuquay Varina - May 22, 2022, through June 19, 2022  Purpose – To approve a Special Event Application and Amplified Sound Permit for the Flags for Heroes Sponsored by the Rotary Clubs of Fuquay Varina - May 22, 2022, through June 19, 2022, as presented and recommended. Recommendation – Approve a Special Event Application and Amplified Sound Permit for the Flags for Heroes Sponsored by the Rotary Clubs of Fuquay Varina - May 22, 2022, through June 19, 2022, as presented and recommended. 8B Special Event Permit, Temporary Road Closure Request, and Amplified Sound Permit Request - Fuquay-Varina Chamber of Commerce - Run the Quay - June 04, 2022 Purpose – To consider a special event permit, temporary street closure request, and amplified sound permit for the Fuquay-Varina Chamber of Commerce's 2022 Run the Quay Event scheduled for Saturday, June 4, 2021 Recommendation – Approve a special event permit, temporary street closure request, and amplified sound permit for the Fuquay-Varina Chamber of Commerce's 2022 Run the Quay Event scheduled for Saturday, June 4, 2022, as presented and recommended. 8C Budget Amendment - Recognize Insurance Proceeds and Donation from the Fuquay-Varina Junior Woman's Club - Fire Department - $19,173.00 - BA-22-30 Purpose – To consider a budget amendment that recognizes insurance proceeds from the NC League of Municipalities Interlocal Risk Financing Fund for repairs of a Fire Department Tanker 2 (Unit #129) in the amount of $18,673.00 and a donation from the Fuquay-Varina Junior Woman’s Club in the amount of $500.00. Recommendation – Approve Budget Amendment BA-22-30 as presented and recommended. 8D Budget Amendment - Recognizing Insurance Proceeds - Police Department - Unit 223 - BA- 22-27 - $3,303 Purpose – To consider a budget amendment that recognizes insurance proceeds/restitution for repairs to Fuquay-Varina Police Department Vehicle Unit 223. Recommendation – Approve Budget Amendment BA-22-27 as presented and recommended. 8E Budget Amendment - Recognize Garbage/Recycle Cart Revenue - Public Works Department - $42,000 - BA-22-31 Purpose – To consider a budget amendment recognizing garbage and recycle cart sales revenue for the purchase of new garbage and recycle cart inventory. Recommendation – Approve BA-22-31 as presented and recommended. A motion was made to approve all Consent Agenda items 8A-8D. MOTION Mayor Pro-Tem Smith SECOND: Commissioner Gardner MOTION RESULTS: Passed Unanimously (5-0) ITEMS REMOVED FROM CONSENT 9A There were no items removed from the Consent Agenda for separate consideration. ADMINISTRATIVE REPORTS 10A Project Ordinance Amendment and Budget Amendment - Action Park Tennis Court Replacement - $225,000 - BA-2022-32 Purpose – To consider a project ordinance amendment and budget amendment to fund the replacement of the Action Park Tennis Courts. Staff Comments – Parks and Recreation Director Jonathan Cox entered the agenda abstract and supporting documents for this agenda item into the official record of the Town. He then provided information about the agenda item by making the following remarks. The Action Park Tennis Court Replacement has been identified for several years as part of the Parks, Recreation, and Cultural Resources Systemwide Facility Master Plan and Five-Year Plan in FY 2022-2023, and this project was proposed in the Manager's preliminary recommended budget at the April 12, 2022, Budget Work session to be funded by available funds in the Northwest district recreation fee-in-lieu reserve. Since the budget work session, staff have completed further analysis of recreation fee-in-lieu revenues in the Northwest district reserve (which contains Action Park) and identified sufficient funding in the reserve to support acceleration of this project. With this funding available, management and staff recommend amending a project and appropriating funding in the current year in order to begin the procurement process and expedite construction by two months. This action will allow courts to be replaced with new courts available sooner, while mitigating challenges with contractor availability that often occurs in the early part of the state and local fiscal year. For these reasons, management and staff recommend approval of a project ordinance amendment and budget amendment to allow construction to begin as soon as a qualified contractor can be procured and mobilized. On April 12, 2022, the Town Manager recommended replacement of the Action Park Tennis Courts in the preliminary draft recommended FY 2022-2023 budget. Since the Budget Work session, sufficient recreation fee-in-lieu revenues in the Northwest district have been identified to support accelerating this project by two months to begin procurement of a qualified contractor. Funding of $225,000 has been identified in the Northwest Recreation Fee in Lieu reserve.  Since this project is now proposed to be funded in the current fiscal year by project ordinance amendment, funding for Action Park Tennis Court Replacement is not included in the FY 2022-2023 Manager's Recommended Budget. Discussion – Commissioner Watson stated that this will be a great enhancement because she lives near Action Park, and she see every day how this park it utilized. Recommendation – Approve a Project Ordinance Amendment and Budget Amendment for the Action Park Tennis Court Replacement Project as presented and recommended. MOTION: Commissioner Haynes SECOND: Commissioner Watson MOTION RESULTS: Passed Unanimously (5-0) Ordinance No. N-22-11 OTHER BUSINESS 11A Manager’s Report Assistant Town Manager Matthews made the following department reports: Parks and Recreation Department – The Parks and Recreation Department has hired Ulysses Martinez as a Park Maintenance Worker. Staff has also submitted the NC PARTF Grant application last week for $500,000 in grant funding for the Community Center North project. Public Works Department – The Sanitation Department hired Darius Wilson as a Sanitation Collector. Arts Center – The Arts Center finished up a busy April with two sold-out concerts. The Fuquay Choral performs this Thursday and Friday and the “Nunsense” production will be  performed May 19-21st. A new session of dance classes will start next week, and summer classes are open for registration. The Historic Preservation Commission held its celebration on Sunday at the Arts Center, and it was well attended. Inspections Department – The Inspections Department issued 183 new single-family permits in April and 837 single-family permits were issued since January 2022. 11B Project Status Report - May 2022 11C Coffee with a Cop - Fuquay-Varina Chamber of Commerce - Tuesday, May 3, 2022 - 9:00 - 10:30 am 11D FM2FV Concert - Liquid Pleasure - Thursday May 12, 2022 - 6:30 pm - 9:30 pm - Centennial Park BOARD MEMBER COMMENTS Commissioner Gardner stated that this Friday and Saturday will be the En Plein Air Paint Off and she encouraged citizens to go visit the various artist that will be painting around town and watch them paint. The auction for the paintings will be held during Depot After Dark which takes place immediately after the Dinner on Depot on June 11th. Tickets for the Dinner On Depot are sold out, but you can still buy tickets for Depot After Dark event. Also, this Saturday, May 7th the Fuquay- Varina Museums will be holding their Heritage Day Celebration from 10:00-4:00 pm. There are two programs planned for the event to honor some of the past chairman for the museum board with a special presentation in honor of the late Max Ashworth who was involved with the museum project since it started until his death. The museum will also be open for tours during the day and all the buildings will be opened that day. She also announced that she has a new granddaughter Mabel Rose Peters. Commissioner Haynes stated that he attended the Growers Market Grand Opening this past Saturday and there were over 800 people in attendance. It is exciting to see more and more business coming to the Growers Market. He also attended the Friends of the Arts Spring Fling which was a great night of music, fellowship, and conversation with new Fuquay-Varina citizens. He also attended a program for the Brian Hamilton Foundation which is a foundation that works with inmates to become entrepreneurs. He reported that he just returned from the NCLM City Vision Conference and where he enjoyed attending several different classes that were very informative. He also thanked everyone who came out to support the fish fry event at the Pine Acres Community Center. He also congratulated Commissioner Harris who was elected by the NCLM to serve as their first vice president, and he thanked Mayor Massengill for the proclamation for Public Service Recognition and looks forward celebrating it all month long with Town employees. Commissioner Watson stated that she also attended the NCML City Vision Conference with Commissioner Haynes. She attended informative session on affordable housing, sewer and stormwater, and community growth. She also reported that they toured the Seabird building in historic downtown Wilmington and she was very impressed with the renovation. She also reported that she attended a 10-year anniversary celebration for a local business this past weekend and it was impressive to see how many other local business owners came out to support their event. She also attended the Pine Acres Community Center fish fry and the food was very good. Mayor Pro-Tem Smith stated that he had missed all the exciting events due to taking some vacation time. He attended the Chairman of the Board concert, and it was one of the largest turn outs he has seen. He also attended the Capital Area Preservation Commission ceremony that was held at the Arts Center. He is looking forward to all the events that will be coming up. Mayor Massengill stated that the Fuquay-Varina Police Department hosted the Special Olympics Golf Tournament fundraiser today and they had a very good turn out and raise a lot of money for Special Olympics. He stated that the Chairman of the Board concert was the largest concert the Town has ever had, and it shows that citizens are wanting to get back to attending events. He thanked all the departments that are involved in the work that goes into the concerts. He also attended the Pine Acres fish fry and Commissioner Haynes can cook up some good fish. He stated that he, along with Human Resources Director Wendy Moody, Police Chief Brandon Medina and Recreation Program Director Leslie Boller, attended the Fuquay-Varina High School food class and tried different food that was prepared by the students that represented five different countries. He stated that the kids did an excellent job and were very motivated and excited. He reported that the National Day of Prayer will be held this Thursday on the lawn at the Fuquay-Varina Police Department starting at 11:45 am. On Wednesday the Board will be attending the Fuquay Leadership panel discussion. They had their graduation last week and two of our commissioners are former graduates. The following items are Mayor Massengill’s past and future events: Past Events 4/20 – Chamber Board Meeting 4/20 – Speak at Southern Wake Youth Leadership Graduation 4/20 – CAMPO Meeting 4/22 – Spring Fling at Arts Center 4/23 – Ribbon Cutting Growers Market 4/29 – Food Class at FV High School 5/1 – Wake County Preservation Celebration Upcoming Events 5/4 – Leadership FV Panel Discussion 5/5 – Meeting with Congresswoman Ross 5/6/-7 – En Plein Air Paint Off 5/7 – Heritage Day at FV Museum 5/10 – FVDA Board Meeting 5/10 – 50th Anniversary Celebration Bob Barker Company 5/11 – Chamber Board Meeting 5/16 – Wake County Mayor’s Association Meeting CLOSED SESSION Pursuant to N.C.G.S. 143-318.11 (a) (3) - Attorney Client Privilege and N.C.G.S. 143-318.11 (a) (4) - Economic Development A motion was made to conduct a closed session meeting at 9:22 p.m. MOTION: Mayor Pro-Tem Smith SECOND: Commissioner Watson MOTION RESULT: Passed Unanimously (5-0) RETURN TO OPEN SESSION____________ The Town Board returned to open session at 9:51 p.m. with nothing to report out of closed session. ADJOURNMENT A motion was made to adjourn the meeting at 9:51 p.m. MOTION: Mayor Pro-Tem Smith SECOND: Commissioner Gardner MOTION RESULT: Passed Unanimously (5-0) The minutes from the May 2, 2022, Town Board of Commissioners regularly scheduled meeting are adopted this 17th day of May 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