Board of Commissioners

Fuquay-Varina Town Board Meeting Minutes Book - Page Fuquay-Varina Town Board Meeting April 2, 2024 J. Blake Massengill, Mayor Marilyn Gardner, Mayor Pro-Tem William H. Harris, Commissioner The Regular Meeting of the Fuquay-Varina Town Bryan Haynes, Commissioner Board scheduled for Tuesday, April 2, 2024, at Charlie Adcock, Commissioner Jason Wunsch - Commissioner 7:00 p.m. was held at the Fuquay-Varina Town Adam G. Mitchell, Town Manager Mark D. Matthews, Assistant Town Manager Hall, 134 N Main Street, Fuquay-Varina, NC. James (Jim) E. Seymour, Assistant Town Manager Rose H. Rich, Town Clerk James S. Adcock, III, Town Attorney In attendance were Mayor Blake Massengill, Mayor Pro-Tem Marilyn Gardner, Commissioners William Harris, Bryan Haynes, Charlie Adcock, and Jason Wunsch. Also in attendance were Assistant Town Manager Mark Matthews, Assistant Town Manager Jim Seymour, Town Attorney James Adcock, Deputy Town Clerk Teresa Wilder, IT Director Scott Clark, and various other department directors. Town Manager Adam Mitchell was on vacation. CALL TO ORDER Mayor Massengill called the meeting to order at 7:01 pm. INVOCATION AND PLEDGE Pastor Owen Barrow, Fuquay-Varina Methodist Church, provided the invocation and children in the audience led the Pledge of Allegiance. VIRTUAL MEETING PROTOCOL Assistant Town Manager Seymour reviewed the meeting protocol noting that the meeting was both in-person and live streamed on the Town’s YouTube Channel and Facebook. APPROVAL OF MINUTES 3A The March 19, 2024, Town Board of Commissioners Regular Scheduled Meeting minutes. MOTION: Commissioner Adcock SECOND: Mayor Pro-Tem Gardner MOTION RESULTS: Passed Unanimously (5-0) PRESENTATIONS 4A Proclamation and Presentation - Food Waste Prevention Week Purpose – Mayor Massengill present a proclamation for Food Waste Prevention Week in Fuquay-Varina. A group of Lincoln Heights Elementary School students made a presentation to the Town Board regarding their efforts to reduce food waste in the community. Following the student presentation, Mayor Massengill formally presented and read the proclamation declaring the week of April 1-7, 2024, as "Food Waste Prevention Week" in Fuquay-Varina. Laura Wood, Lincoln Heights Environmental Connections coordinator and the 3rd Grade Students presented detailed information on how to prevent food waste.  Mayor Massengill stated that the students gave an excellent presentation, and he thanked them for coming to the Town Board meeting. 4B Proclamation - Arbor Day, Events, and Tree City USA Designation Purpose – To receive an update from Chris Newsom, Assistant Parks and Recreation Director regarding the Tree City USA program and upcoming Arbor Day events, and for Mayor Massengill to present the 2024 Arbor Day Proclamation. Staff Comments – Parks and Recreation Superintendent Chris Newsom 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 agenda item and made the following remarks. The Town of Fuquay-Varina earned recognition as a 2023 Tree City USA community from the Arbor Day Foundation in partnership with the U.S. Forest Service and the National Association of State Foresters. Fuquay-Varina is now a part of an expansive network of more than 3,600 Tree City USA communities nationwide. Mayor Massengill thanked Parks and Recreation Superintendent Newsom, Parks and Recreation Director Cox and the entire department for their work on getting this Tree City USA designation. Assistant Town Manager Mark Matthews recognized the Town Board for their vision of making Tree City USA a strategic priority for the town and giving staff the direction to focus those efforts. He commended Parks and Recreation Superintendent Newsom and Parks, Recreation and Recreation Director Jonathan Cox and all the Parks and Recreation Staff and the Planning Department who took the lead and helped with the  process. He also thanked the Parks and Recreation and Cultural Resource Advisory Board, which will serve as the Tree Board, for supporting this effort and having a role going forward. He commended the Arts Center for finding the Artistree program which is a unique opportunity to celebrate becoming a Tree City USA. 4C Presentation - Bureau of Justice Assistance (BJA) Crime Analyst in Residence (CAR) Program Purpose – To present information concerning a Bureau of Justice Assistance (BJA) Crime Analyst in Residence (CAR) Program grant awarded to the Fuquay-Varina Police Department. Staff Comments – Police Chief Brandon Medina 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 agenda item and made the following remarks. The BJA Crime Analyst in Residence (CAR) program supports law enforcement agencies in enhancing their data analysis capabilities through onsite and virtual technical assistance. The CAR Training and Technical Assistance (TTA) Team collaborates with agencies to integrate tailored crime and data analysis practices, tools, and information into their operations and crime reduction efforts, aiding in case-solving, identifying patterns, problem-solving, and implementing crime-reduction strategies. Crime Analyst Lindsay Peluso applied for and was awarded a BJA CAR Program Grant for the Fuquay-Varina Police Department. Crime Analyst Peluso worked diligently with the Center for Justice Research and Innovation Analyst's Amanda Bruner and Charley  Giberti to develop a searchable bulletin repository and provided training on OSINT techniques, crime mapping, link analysis, and more. Crime Analyst Lindsay Peluso introduced Amanda Bruner and Charlie Alberty, and they provided more information on the CAR program. Mayor Massengill stated that the data from this program will aid the Town of Fuquay- Varina in becoming an even safer place to live. He reported that if there is an issue in a certain part of Town; for accidents or crimes, Chief Medina can have the police to patrol that area. 4D Recognition - Fire Department Staff Purpose – To recognize the recent Fire Department promotions. Staff Comments – Fire Chief Jim Jones 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 agenda item and made the following remarks. In preparation for the opening of Fire Station #4, several promotions within the Fire Department were needed to provide adequate staffing and leadership for the new Fire Station. Following an intense testing process involving a written exam, practical scenarios, and an interview with the Fire Chief, three Senior Firefighters have been promoted to Fire Engineer. They will be primarily responsible for driving the Engines, Ladders, or Rescue truck and will assume company leadership responsibilities when the Captain is off duty.  The new Fire Engineers are: - Martin Baxley - joined the fire department as a career firefighter in 2018. - Hunter Hartley – joined the department as a career firefighter in 2019. - Robbie Johnson – joined the department as a career firefighter in 2019. After an extensive promotion process that created a competition between 11 highly qualified Fire Engineers, three outstanding candidates have been promoted from Fire Engineer to Fire Captain. Their new position places them in charge of a crew of two - three firefighters on either an Engine or Ladder Company depending on their assignment. The new Fire Captains are: - Matthew Nelson - joined the fire department as a career firefighter in 2016. - Chris Page - joined the fire department as a career firefighter in 2017. - Michael Weaver - joined the fire department as a career firefighter in 2014. Mayor Massengill stated that there are big things coming from the group that was promoted tonight and he is proud of the support shown to the Fire Department. He also stated that he is extremely proud of these individuals for their roles in keeping Fuquay-Varina safe. 4E Presentation - Fire Station No.# 4 Commemorative Coupling Purpose – For Fire Chief Jim Jones to make a special presentation commemorating Fire Station No. # 4 Ribbon Cutting and Uncoupling Ceremony held on March 21, 2024.  Staff Comments – Fire Chief Jim Jones 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 agenda item, and he gave each Town Board member a piece of Fire Station No.# 4 Commemorative Coupling. Mayor Massengill thanked Fire Chief Jones for the commemorative coupling, and he stated that it is a beautiful facility. He then encouraged all citizens to take a tour of Fire Station No. # 4. PUBLIC COMMENTS 5A No one chose to speak during public comments. ITEMS PREVIOUSLY TABLED 6A There were no items previously tabled for the April 2, 2024, Town Board meeting. PUBLIC HEARINGS 7A Historic Landmark Designation - John B. & Nancy Strain House - Capital Area Preservation, Inc. - 8536 Lake Wheeler Rd Purpose – To consider a request by the Wake County Historic Preservation Commission to designate the John B. & Nancy Strain House as a Historic Landmark. 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 general information about the agenda item and made the following remarks. On behalf of the Wake County Historic Preservation Commission, Capital Area Preservation, Inc., (CAP) will present a request to designate the John B. & Nancy Strain House, located at 8536 Lake Wheeler Road, constructed circa 1835-1910, as a Historic Landmark. The property is located in the Town's Corporate Limits and is more specifically identified as PIN 0689462869. The CAP requested that the Town adopt an ordinance supporting their designation of the Strain House as a historic landmark. The Wake County Historic Preservation Commission is authorized by Chapter 160D, Article 9 of the North Carolina General Statutes, to provide for the preservation of certain historic buildings. The Wake County Historic Preservation Commission has investigated and recommended the request by the property owner that the John B. & Nancy Strain House be designated as a historic landmark, which has subsequently been determined as eligible by the NC Department of Cultural Resources. From the report prepared by Capital Area Preservation, Inc.: "The Strain House is an excellent and intact example of an early nineteenth-century transitional Federal-Greek Revival I-house... Today, surviving examples are rare, and few retain the level of architectural integrity seen at the Strain House..." The report describes the evolution of the home through the decades, as well as the familial history of the original owners and their descendants. Landmark designation means the community recognizes a property as an important historic resource worthy of preservation. Any substantial exterior design changes to a designated landmark would be subject to the design review procedures of the Wake County Historic Preservation Commission. Should the local governing board wish to extend the Commission's design review authority to interior features, the owner must give written consent. The owner may apply for an annual deferral of fifty percent of the property taxes for as long as the property is designated and retains significance and integrity. The current tax value of the property is $155,656. The Capital Area Preservation, Inc currently pay $0 in taxes per year as the property is fully exempt. If the property is sold, the new owners will be eligible for the fifty percent deferral, and a revaluation of the property will determine the fiscal impact to Wake County and the Town. Jeremy Bradham with Capitol Area Preservation presented information on the Historic Landmark Designation and the restoration that has been done on the house. Jeff Hastings Vice Chair of the Wake County Historic Preservation Commission stated that at their meeting on March 12, 2024, the commission unanimously recommended that the Fuquay-Varina Town Board of Commissioners designate the John D. and Nancy Strain house as a Fuquay-Varina Historic Landmark and adopt the associated ordinance. Mayor Massengill thanked them for their presentation. Public Hearing – The public hearing was opened. Adrian Tudor, 4309 Cross Timber Lane, Raleigh, spoke in favor of the Historic Landmark Designation. No one spoke in opposition to the Historic Landmark Designation. The public hearing was closed. Discussion – There was no discussion from members of the Town Board regarding this matter. Recommendation – Adopt the ordinance for the historic landmark designation for the John B. & Nancy Strain House as presented and recommended. Ordinance No. N-24-11  MOTION: Mayor Pro-Tem Gardner SECOND: Commissioner Haynes MOTION RESULTS: Passed Unanimously (5-0) 7B Zoning Map Amendment - Michael Blakley, Drafting & Design Services - 710 S Main Street & 115 Hillcrest Drive - PINs 0656942544 & 0656941516 - REZ-2024-02 Purpose – To consider a requested zoning map amendment for a total of 0.79 acres, located at 710 S Main Street & 115 Hillcrest Drive, from the Town Center Residential (TCR) Zoning District to the Town Center Residential Zoning District (TCR). 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 general information about the agenda item and made the following remarks. The subject properties total 0.79 acres and are located in the Town's corporate limits. 710 S Main Street is currently used as a single-family residence and 115 Hillcrest Drive is currently vacant. Both properties were the subject of a rezoning, REZ-2020-19. The requested rezoning is in effort to update the previously approved plot plan. 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 generally only applicable within the Judd Parkway loop. The TCR Zoning District requires submittal of a master plan if the proposed development totals greater than four (4) lots. This zoning map amendment requests six (6) lots, and as such, a master plan and associated narrative have been included herein. The petitioner has requested the following voluntary conditions be made applicable to the subject property: 1) Vinyl siding is not permitted. Vinyl windows, decorative elements, and trim is permitted. 2) Anti Monotony: No unit shall be constructed with an exterior elevation or color palette that is identical to the unit on either side. 3) ROW Visibility: Row houses with a side or rear facade facing a public right of way shall have a covered or enclosed porch and/or decorative trim or shutters around all windows. 4) The density of the development shall be limited to 7.6 dwelling units per acre. 5) Architectural Shingles: All homes shall include architectural shingles in a color that compliments the developments approved color palette. 6) Glazing: All homes shall have a front door with a minimum of 25% glazing, transom, and/or door sidelights. 7) Facade treatment (a minimum of three (3) included per dwelling unit): 7.1) Minimum of 20” of masonry material at base along front façade and surrounding entryway (gray stone treatment with mortar separation) 7.2) Changes in exterior materials such as brick, masonry, board and batten, horizontal, or shake siding. 7.3) Addition of front dormers, shed roofs or gables. 7.4) Addition of decorative trim, shake, cornice, horizontal trim, brackets or air vents/windows on gables. 7.5) Addition of shutters, window trim or window grids. 7.6) Addition of a trellis or shed roof over garage door. 8) All lots will feature a rear-loaded, two (2)-car garage. 9) Garage Doors: Garage doors shall contain windows, decorative details such as barn-style doors, and/or carriage style adornments. 10) Porch: All homes shall include a covered porch with decorative posts (natural wood, dark stain), to include a minimum of 20” massing at the base constructed of masonry material (gray stone treatment with mortar separation). 11) Foundation: Along the front façade, all units shall have a crawl space or be raised a minimum of 20” from average grade to finished floor (see 7.1). No bare concrete shall be visible along the foundation. 12) Roofline: Roofline shall be broken up horizontally and vertically along the front façade, such that no roofline is in a single mass. No unit on either side shall have the same roofline. The master plan is characterized by six (6) row houses, three (3) of which are proposed to front onto S Main Street and three (3) of which are proposed to front onto Hillcrest Drive. To comply with the zoning map amendment petition requirements, the required master plan (narrative and related maps) identifies permitted uses, arrangement of uses, open space, thoroughfare network, utilities, pedestrian network, architectural design and standards, building layout, and landscaping. The master plan also demonstrates adherence to the standards in Article Q and Appendix C of the Land Development Ordinance (LDO). The minimum lot size proposed is 4,280 square feet which is greater than the minimum allowed lot size of 4,000 square feet for row houses in the TCR Zoning District. The master plan proposes a façade treatment that shall be of a modern traditional sense of style with covered porches and a variety of architectural conditions that are intended to reflect the character of the existing neighborhood. The master plan proposes a 10-foot pedestrian oriented streetscape buffer along S Main Street; a 10-foot Type ‘B’ buffer along the southern property line; a 15-foot Type ‘B’ buffer along the western property line; and a five (5)-foot street tree buffer along Hillcrest Drive to the north. The 10-foot pedestrian oriented streetscape buffer along S Main Street shall include pedestrian benches. The buffers along the southern and western property lines are proposed to be maintained by the HOA as an open space lot. All landscaping and plantings meet or exceed standards the requirements of Article O of the LDO. All six (6) row houses are intended to be served by a 25-foot wide access easement, which will contain a 20-foot alley pavement section, with 30" curb and gutter. Each unit is proposed to have a rear loaded, two (2) car garage. Surrounding properties are primarily residential of a variety of densities as well as several institutional uses, making up the neighborhoods that begin the transition to downtown. The 2040 Community Vision Land Use Plan (LUP) calls for the Town Center Residential (TCR) classification at the subject properties. The LUP's policy 2.1: 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. The requested zoning district is consistent with the 2040 LUP classification and the proposed use and development scale is consistent with the neighboring residences along both S Main Street and Hillcrest Drive. Public water is available to serve the subject properties and sewer will be extended by the developer. The subject property is located on and has access to S Main Street and Hillcrest Drive. S Main Street is classified as a 60-foot right-of-way by the Town's 2035 Community Transportation Plan (CTP). This street is identified as a two-lane road with sidewalks, with a carrying capacity of 10,000 average daily trips (ADT). It is currently a two-lane road with sidewalks and a carrying capacity of 10,000 ADT. 2021 NCDOT traffic counts 0.36 miles to the north of the properties indicate a volume of 7,100 ADT. Hillcrest Drive is classified as a local street in the Town's CTP. NCDOT traffic counts for Hillcrest Drive are not available at this time. A neighborhood meeting was held by the petitioner on February 8, 2024 at 1994 NC 42 Highway and via the Zoom meeting 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 2040 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 2040 LUP’s recommendation Policy 2.1: Encourage Infill Development & Redevelopment Inside Town Limits. 3) The requested zoning district is complementary to residential and institutional uses in the general vicinity. 4) The master plan and associated narrative demonstrates compliance with the zoning conditions being offered and the goals of the Town Center Residential classification as described in the 2040 Land Use Plan. At the March 18, 2024 regular meeting, the Planning Board voted unanimously to recommend approval. Public Hearing – The public hearing was opened. No one spoke in favor or in opposition to the zoning map amendment. The public hearing was closed. Discussion – Commissioner Adcock asked where the owners would put their trash container out for pickup. Planning Director Davison stated that the trash container  would either be out on South Main or Hillcrest Drive. Commissioner Adcock stated that Public Works would not go into the driveway at all. Planning Director Davison confirmed that they would not be going into the driveway. Commissioner Adcock asked if the access easement that joins the neighboring properties could be used by the neighbors if they request access. Planning Director Davison stated that the adjoining neighbor’s property could acquire access. Recommendation – Approve REZ-2024-02, a zoning map amendment at 710 S Main Street & 115 Hillcrest Drive, from the Town Center Residential (TCR) Zoning District to the Town Center Residential Zoning District (TCR). The proposed amendment is consistent with the 2040 Community Vision Land Use Plan and reasonable and in the best interest of the public for the reasons identified by management and staff. MOTION: Commissioner Haynes SECOND: Commissioner Wunsch MOTION RESULTS: Passed Unanimously (5-0) 7C Town Code Amendment - Town of Fuquay-Varina - Land Development Ordinance (LDO) Amendment #26 - CTA-2024-01 Purpose – To consider a proposed text amendment to the Town Code of Ordinances, Part 9 Land Development Ordinance, Amendment #26 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 general information about the agenda item and made the following remarks. Since its adoption in December 2016, town staff and the community have gained significant experience using the Land Development Ordinance (LDO) and a better understanding of its intent and proper function. This amendment seeks to harness that experience by clarifying and correcting the LDO's language. The proposed changes are as follows: Section 1, Article A - General Provisions: - A reference to the Town Center Plan Guidelines has been removed from this Article. These guidelines were included in the Downtown Center Appendix, but the reference was never removed. Section 2, Article E - Floating Zoning Districts: - Another reference to the Town Center Plan has been removed. Section 3, Article F - Use Regulations: - The size limitation has been removed for night club/dance club as it was inconsistent with the use and peer communities. - The limitation on the size and type of contractor vehicles was removed from the General/Special Trade Contractor & Storage as it was deemed overly restrictive for this use type. Clarification was added that oversized vehicles, equipment and outdoor storage are not permitted in the General Commercial District. - A main goal of LDO maintenance is to reduce the number of places in the document where the same information is located, thereby minimizing the opportunity for conflicting information. Several uses in Article F have additional use regulations pertaining to additional landscaping or buffers outside (but not necessarily in accordance with) the landscaping and buffers in Article O. With some adjustments made to Article O; no use has had its buffer or landscaping requirements lessened. The following uses have been amended to remove the  requirements already established in Article O so that there is less opportunity for user error: - Batching Plant, Asphalt & Concrete - Fertilizer Manufacturing & Storage - Lumber Production and/or Treatment - Manufacturing - Mining, Quarry & Processing (this use has also been moved from Miscellaneous Uses to Manufacturing, Processing & Storage in Article F) - Hospital, Medical Center (specifically Mental Health Facility) - Junk & Salvage Yard - Landfill - Cemetery & Memorial Park - Transit Terminal (specifically Terminal, Truck Freight, Warehouse & Storage) - Campground - Drive-In Theater - Crematorium - Tire Sales & Service (this use has also been moved from Retail Sales & Service to Vehicle Services in Article F) - Recycling Plant - Substation, Electrical - The term "opaque landscape buffer" has been amended throughout the LDO to "Type A buffer," as it was referring to without using the term. - It has been clarified that ADUs (meeting the standards in Article F) can be rented separately from the primary structure. - The ability to have general retail uses in the Research Light Industrial zoning district has been removed as it was only permitted as an accessory use to a Flex  Space building. Staff determined that the current Flex Space standards that provide up to 10% of the unit square footage for retail use are adequate. - Temporary School Classrooms have been removed from the Temporary Mobile Unit use but will still be permitted by right wherever a school is established. The language, including temporary school classrooms, has also been removed from the definition of Temporary Mobile Units in Article S. - Storage Facilities are now permitted in the General Commercial zoning district. The existing development standards shall apply, except that storage facilities in the GC zoning district shall not be permitted to have outdoor storage. Section 4, Article G - Lot & Structure Provisions: - This Article has added and clarified language regarding determining lot width for different types of lot shapes. The definition of Lot Width has also been amended for clarity in Article S. - The language "meet front setback" has been removed from the encroachment allowance for accessory uses and structures in the front yard. This language conflicted with the permitted setbacks in another section of the LDO and also needed to meet the intent of where accessory structures and uses are permitted to be located on parcels. (Attachment B). Section 5, Article J - Subdivision Regulations: - The approval expiration and extension guidelines have been edited to ensure they are aligned and user-friendly. The language from Article Q has been removed, condensed, and replaced in this Article. - With recent technology upgrades, staff can now accept digital submittals for almost all plan types. Hence, all references to required "paper" copies have been removed. All sections still state the requirement for copies, but the need for paper copies has been abandoned. This update has been made in several places throughout the LDO. Section 6, Article K - Nonconformities: - Some flexibility has been added to the Lots of Record language that will allow recombination of lots of record under certain circumstances. This allows for more infill development on the scale of existing, adjacent residences in neighborhoods where lots of records are common. Section 7, Article M - Thoroughfares, Drainage & Utility Standards: - A reference for the Town Center Plan has been removed. Section 8, Article O - Landscaping & Tree Protection Standards: - The Type D landscape buffer has been removed as an option for buffering. It was not widely used and often needed clarification with the required street tree plantings. References to it have been removed from several places in the LDO. This Type D should not be confused with the Type D assemblage of Appendix B. - Several amendments have been made to the Use Types classification lists in Section 9-1713 of this Article. The Use Types now refer to every use on the Permitted Use Table and more accurately classify the uses by intensity. As a result of the Use Type list updates and the removal of the landscaping & buffer specifics of Article F, the Table - Landscaping, Buffers & Screening has been amended. It now better reflects the buffer relationships between the intensity of uses. (Attachments C & D) - The section that exempts alley-loaded homes from the standard landscape thoroughfare buffers has been edited for clarity. Exempting rear-loaded residential uses allows for a more pedestrian-friendly streetscape. - An opportunity to reduce the required perimeter buffer width with the addition of supplemental features through the Administrative Adjustment process has been added to provide flexibility for specific design solutions. Section 9, Article Q - Procedures & Administration: - The requirements for paper copies have been removed from this Article, and some edits have been made to the process by which final plats receive addresses. The staff has been practicing this process, but the language has not been updated until now. - Language has been added to the section regarding Site Plans that establishes when site plans expire by referring the user to another section where the expirations are explained. This is to keep expiration information in one place to minimize inconsistency. Additionally, the site plan exemptions section has been cleaned up and clarified as to which proposals require which level of dedication based on the extent of the proposal. Language has been added that would also exempt properties from right-of-way dedication deemed inversely proportional. Inverse proportionality is when a standard required by the Town is overly restrictive for the property on which the improvement is located or proposed use. Section 10, Article S - Interpretations & Definitions: - Amendments to this Section have been described above. Section 11, Appendix A - DC-1 & DC-2 Form-Based Districts: - A reference for the Town Center Plan has been removed. Section 12, Appendix B - RMU, CMU & EMU Form-Based Districts: - Language has been added that would allow developers to substitute a portion of the required facade buildout with amenities pedestrian space, up to 10% total. - Two clerical errors that referred to the wrong zoning districts have been amended. Section 13, Appendix D - Planned Unit Development District: - The design flexibility recently added to the form-based zoning districts in Appendix B has also been added to the Planned Unit Development (PUD) zoning district. Section 14, Appendix E - Certifications: - A certification included on annexation plats has been amended to allow the user to annex with water and/or sewer services rather than automatically having to choose both. This has been a staff practice, but the language has not been updated until now. Management & 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 allow for ease of use and enforcement, specifically concerning the Town's current standards. At the March 18, 2024 regular meeting, the Planning Board voted unanimously to recommend approval. Since the Planning Board meeting, due to further refinement of the standards, clarification was added to the General/Special Trade Contractor & Storage use and perimeter buffer requirements.  Public Hearing – The public hearing was opened. No one spoke in favor or in opposition to the town code amendment. The public hearing was closed. Discussion – Commissioner Harris asked what the reason was for changing the size limitation of a dance club. Planning Director Davison stated that the size of the dance club given was not a realistic size for any dance club and no commercial business would be viable with those limitations. Commissioner Harris asked if there was a standard size or recommendation for a dance club. Planning Director Davison stated that most jurisdictions do not have a minimum square footage for a dance club or even a maximum square footage for most other businesses and it was very restricting. Recommendation – Approve CTA-2024-01 Amendment #26, an amendment to the Town Code of Ordinances, Part 9 Land Development Ordinance, as presented and recommended as it 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. Ordinance No. M-24-02 MOTION: Commissioner Wunsch SECOND: Commissioner Adcock MOTION RESULTS: Passed Unanimously (5-0) 7D Economic Development Incentive Agreement, Budget Amendment (BA 24-32), and Project Ordinance Amendment (POA-24-18) - WisemanPlus Dev Co, LLC - $350,000.00 Purpose – To consider the approval of a local economic development incentive agreement in an amount up to $350,000.00 and the associated budget amendment and project ordinance amendment for the location of a new hotel at 1800 Gathering Square Court, Fuquay-Varina (PIN 0667433420). 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 general information about the agenda item and made the following remarks. WisemanPlus Dev Co LLC is considering locating a new hotel development at 1800 Gathering Square Court, Fuquay-Varina (PIN 0667433420). The proposed 91-room Tru by Hilton Hotel will house an array of amenities, including a fitness center, pool, and business center. The new hotel addresses the demand for quality hotel accommodations highlighted in the 2023 Fuquay-Varina Commercial Market Study Report. The proposed project will result in $14,000,000 in new capital investments. In addition, the Company intends to create 13 new full-time employees over five years. Management and staff recommend $350,000 in economic development incentive assistance, which is 2.5% of the total $14,000,000 in new capital investment proposed by WisemanPlus Dev Co LLC. If approved, economic funding assistance will be paid to the Company after all new capital improvements and equipment purchase thresholds have been met and confirmed by Town staff and the Wake County Tax Office. The proposed project is consistent with the Town of Fuquay-Varina Strategic Plan 2021- 2025 by supporting the following Core Values and Initiatives: - Fiscal Strength, Objective #1 - Initiative #3, to maintain and improve the Town's bond rating by fostering non-residential tax base growth. - Economic Vitality, Objective #3 - Initiatives #1. Promote Fuquay-Varina as a destination for investment to support diverse growth and sustainability. Management and staff recommend the proposed economic development incentive funding request and believe the development of WisemanPlus Dev Co LLC's hotel project will continue to demonstrate the Town's commitment to fostering public-private partnerships with its local business leaders that provide a significant tax base and employment opportunities for the citizens of Fuquay-Varina. The proposed hotel project will create $14,000,000 in new capital investment. The recommended $350,000 incentive investment results in a 6-year return on investment payback based on the assessment of local property tax. The economic development incentive will require the approval of Budget Amendment (BA 24-32), an amendment to move $350,000.00 from the General Fund to the Capital Projects Fund, and approval of Project Ordinance Amendment (POA-24-18) to authorize all appropriations necessary for the completion of the project. Public Hearing – The public hearing was opened. David Ball, 1035 Sauls Road, Raleigh spoke in favor of the Economic Development Incentive Agreement, budget amendment and project ordinance amendment. No one spoke in opposition to the Economic Development Incentive Agreement, budget amendment and project ordinance amendment. The public hearing was closed. Discussion – There was no discussion from members of the Town Board regarding this matter. Recommendation – 1) Authorize the Town Manager to execute an Economic Development Incentive Agreement in an amount up to $350,000.000 for the location of a new hotel at 1800 Gathering Square Court (PIN 0667433420); and 2) Approve Budget Amendment (BA 24-32), an amendment to move $350,000 from the General Fund to the Capital Projects Fund and Project Ordinance Amendment (POA-24-18) to authorize all appropriations necessary for the completion of the project. Notice of this  project's public hearing for the recommended economic development appropriations has been advertised pursuant to North Carolina's Economic Development General Statutes 158-7.1. Ordinance No, N-24-12 MOTION: Mayor Pro-Tem Gardner SECOND: Commissioner Wunsch MOTION RESULTS: Passed Unanimously (5-0) CONSENT AGENDA 8A. Resolution - Southern Oaks Gravity Sewer Phase II - Resolution to Condemn Purpose – To consider adoption of a resolution instructing the Town Attorney to begin condemnation proceedings for the following public utility easements for the Southern Oaks Sewer Outfall Project: PIN 0656600997 (0.158 acres); PIN0656517183 (0.040 acres); PIN 0656509927 (0.026 acres); PIN 0656512077 (2.571 acres and 0.055 acres); and PIN 0656328509 (0.042 acres). Recommendation – Adopt the resolution authorizing the Town Attorney to proceed with the condemnation proceedings in order to acquire the necessary permanent and temporary public utility easements: PIN 0656600997 (0.158 acres permanent easement), PIN 06565171183 (0.040 acres temporary construction easement), PIN 0656509927 (0.026 acres permanent easement), PIN 0656512077 (2.571 acres permanent easement and 0.055 acres temporary construction easement), and PIN 0656328509 (0.042 acres permanent easement) for the Southern Oaks Gravity Sewer construction project. Resolution No. 24-1856 8B. Resolutions - NC Clean Water State Revolving Fund Program - Spring 2024 Purpose – To consider a special event application, temporary extension of premises, and amplified sound permit request for the St. Baldrick Bald For A Cause 2024 Fundraiser at the Fainting Goat Brewery scheduled for Sunday, March 24, 2024, as presented and recommended. Recommendation – Adopt a resolution acknowledging intent to request loan assistance from the NC Clean Water State Revolving Fund and adopt a resolution approving the 2024 Public Utilities 10-Year Capital Improvement Plan as presented and recommended. Resolution No. 24-1857 Resolution No. 24-1858 8C. Budget Amendment - Grant Acceptance - DOJ/COPS Accreditation Grant - $138,477 - BA-24-31 Purpose –To consider grant acceptance and approval of a budget amendment for a Department of Justice/Community Oriented Policing Service (DOJ/COPS) Accreditation Grant. Recommendation – Recognize and accept a Community Oriented Policing Services (COPS) grant entitled 2023 FY23 Supporting Law Enforcement Agencies in Seeking Accreditation -Community Policing Development Solicitation in the amount of $138,477, and utilize GL Account 4310-4103-957 (Accreditation Grant Expenses) to track expenses and to assist with the mandatory monthly and quarterly reports to the COPS Office as presented and recommended. 8D. Budget Amendment BA-24-30 and Project Ordinance Amendment POA 24-17 – Police Department Storage Building – Public Buildings Purpose – To consider a Budget Amendment and Project Ordinance Amendment for the Police Department Storage Building Project. Recommendation – Approve Budget Amendment BA-24-30 and Project Ordinance Amendment POA-24-17 as presented and recommended. Ordinance No. N-24-13 8E. Budget Amendment - Johnny's Pizza - Youth Athletic Scholarship Fund Donation - Parks, Recreation and Cultural Resources - $250 - BA-24-34 Purpose – To consider approval of a budget amendment recognizing funds from Johnny’s Pizza for non-resident scholarships within the Parks, Recreation and Cultural Resources Department. Recommendation – Adopt Approve budget amendment BA-24-34 as presented and recommended. 8F. Budget Amendment - Insurance Proceeds - Police Department - $7,363 - BA-24-33 Purpose – To consider a budget amendment recognizing insurance proceeds/restitution for additional repairs to Fuquay-Varina Police Department vehicles.  Recommendation – Approve Budget Amendment BA-24-33 as presented and recommended. 8G. Amplified Sound Permit - Holsters and Hoses Event - Saturday April 20, 2024 - Fainting Goat Parking Lot Purpose – To consider an Amplified Sound Permit for the Police and Fire Department's 2nd Annual Holsters and Hoses Event. Recommendation – Approve the submitted Amplified Sound Permit for the Police and Fire Department’s Holsters and Hoses Event set for Saturday, April 20, 2024, as presented and recommended. 8H. Special Event Application and Amplified Sound Permit Request – National Day of Prayer – May 02, 2024 Purpose – To consider approval of a special event application and amplified sound permit for the National Day of Prayer event, scheduled for May 02, 2024. Recommendation – Approve the special event application and amplified sound permit request for the National Day of Prayer event scheduled for May 02, 2024, as presented and recommended. A motion was made to approve all Consent Agenda Items 8A- 8H. MOTION Commissioner Adcock SECOND: Commissioner Haynes 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 There are no administrative reports for the April 2, 2024 Town Board meeting. OTHER BUSINESS 11A Manager’s Report Assistant Town Manager Mark Matthews gave the additional following updates: o Communications – The Communications Department is working with Parks and Recreation to launch a monthly Parks and Rec newsletter. They have also begun working on the FY 2025 Budget Video and are busy promoting Spring activities. o Human Resources – In March of 2024, the Human Resources Department staff attended the Public Section HR Association (PSHRA) Annual Conference in Charlotte, NC for the first time. The attendees reported that it was a great experience for education and networking. The Department is partnering with Central Pines and Wake County Government on the Local Government Career Expo: Saturday, June 8th at NC State McKimmon Center from 1-4pm. They are expecting up to 5,000 participants. They also had a busy month for recruitment with over 40 interviews for various positions. o Police Department – The Police Department has sworn in Officer Cassundra Sullivan last Thursday. The Department will be receiving a donation of funds from the F-V Junior Women’s Club to support the Child Passenger Safety Seat Program. The Department will also be receiving funds from the Lion’s Club to support this year’s book bag giveaway event. o Fire Department – The Fire Department will be receiving a donation from the FV Junior Women’s Club to assist with the first Citizens’ Fire Academy tentatively scheduled for  Fall 2024 or early 2025. Fire Station No.# 4 will begin this Thursday, April 4th running calls out of the station at 8:00 am. o Arts Center – The Arts Center will be receiving funds from the F-V Junior Women’s Club to support Arts Center scholarships. The Arts Center has been granted an intern for the summer through the United Arts IDEAL program. The intern will assist with creating an inventory of cultural arts assets in Downtown and some special events planning. o Public Works – The Street Department hired Raul Feliciano to fill an open Street Maintenance worker position. Public Works staff is nearing completion of a new online Yard Debris request form that should streamline and automate the administration of the weekly pickup list. o Public Utilities – The Public Utilities Department has hired Tanner Stewart who will be starting as a Utility Integrity Technician on April 8, 2024. o Downtown Development – The FVDA will hold En Plein Air Paint-Off on May 3 - May 4th in Downtown Fuquay-Varina. The event supports local artists and artists from across the region, allowing them the opportunity to share their talents and capture the beauty of Fuquay-Varina. Prints from each year's winning art will be available for purchase. 11.B Police Department – Fundraiser – Merchandise Sale – McDonalds – 1409 N. Main Street – April 5, 2024 – 600 am – 12:00 pm 11.C Food Truck Rodeo - Sunday April 7, 2024 - 12:00 - 3:00 pm - Centennial Square 11.D Police Department – Friends with Wisdom – The Addison of Fuquay-Varina – 6516 Johnson Pond Road – Wednesday, April 10, 2024 – 9:00 - 10:00 am 11.E FM2FV Concert – The Embers – Thursday April 11, 2024 – 6:30 pm – 9:30 pm – Centennial Park 11.F Town Board Meeting – Cancelled – Tuesday April 16, 2024 11.G Holsters and Hoses Charity Event - Saturday April 20, 2024 - 10:00 am - 12:00 pm - Fainting Goat Brewing Company Adjacent Parking Lot - 330 S. Main Street 11.H Budget Workshop - Monday April 22, 2024 - 6:00 pm - Town Hall Board Room 11.I FM2FV Concert – Crush- Thursday April 25, 2024 – 6:30 pm – 9:30 pm – Centennial Park 11.J Zoning Map Amendment – Rudy Upton, RCU, LLC – 109 S Ennis Street – PIN 0666175384 - REZ-2024-04 - (FIRST READING) - (Davison) 11K Zoning Map Amendment & Land Use Plan Amendment – Town of Fuquay-Varina – 303 Branch Street & a portion of 302 Holland Glen Street – PINs 0656885309 & a portion of 0656883254 – REZ-2024-03 – (FIRST READING) – (Davison) 11L Zoning Map Amendment – Pulte Home Company, LLC -5301, 5441, 0 & a portion of 5328 Wade Nash Road – PINs 0657080903, 0657097344, 0657992082, & a portion of 0658001489 – REZ-2023-11 – (FIRST READING) – (Davison) BOARD MEMBER COMMENTS Commissioner Harris stated that it was great to see the Fire Department’s career ladder promotions tonight. He was also excited to see that one of the promotions was a former Fire Explorer. Commissioner Adcock stated that he had no further comments. Commissioner Wunsch stated that he enjoyed the ribbon cutting for Fire Station No. # 4. He reported that the weather could not keep the Easter Bunny away and the eggs were handed out this year. He informed the Town Board that his oldest daughter would be getting married this coming Saturday. Commissioner Haynes stated he was excited to hear about the Tree City USA designation and he thanked the Parks and Recreation Department for their work in getting this designation for the Town of Fuquay-Varina. He reported that he attended the Town and State Dinner last week in Pinehurst and that Commissioner Harris President of the NCLM, hosted the event. He thank Commissioner Harris for his leadership over the past year as President of the NCLM on the local and federal level. He stated that Commissioner Harris has an article in this month’s Southern City magazine. He thanked the Senior Adult Center Group of Piney Grove Baptist Church and Church Alive for their food drive for the Pine Acres Community Center. Mayor Pro-Tem Gardner congratulated Commissioner Harris for his term as President for the NCLM. She expressed her regrets for missing the ribbon cutting for Fire Station No.# 4 due to being under the weather. She attended the F-V Chamber ribbon cutting for Granny’s Sweets. Last month she attended the Break the Silence 5K event in honor of her son and they raised $10,000 for a research project at UNC Chapel Hill for suicide prevention. She stated that she will be delivering the packets for the Town Manager review tomorrow and that they will discuss it at the May 6, 2024 Town Board meeting. Mayor Massengill stated that the F-V Chamber of Commerce had a very successful golf tournament bringing together a variety of business leaders in Fuquay-Varina and the surrounding area. He asked the Parks & Recreation Director how many Easter eggs were distributed. Parks and Recreation Director Cox reported that 30,000 eggs were handed out for the Easter Egg Hunt. The following items are Mayor Massengill’s past and future events: Past Events 3/30 – CAMPO Exec. Board Meeting 3/30 – Chamber Business After Hours 3/21 – Fire Station #4 Ribbon Cutting 3/21 – Chamber Ribbon Cutting – Greater Culture CrossFit 3/23 – Town Easter Egg Hunt – Fleming Field 3/23 – FVDA Candy Hop - Downtown 3/27 – Board Ambassador Social 3/28 – FVEDC Board Meeting 3/28 – Chamber Ribbon Cutting – Granny’s Sweets Upcoming Events 4/3 – Coffee with a Cop 4/3 – Spek at Youth Leadership Graduation 4/3 – Speak at Herbert Akins Elementary 4/4 – Chamber Ribbon Cutting – Park & State Bookkeeping 4/5 – Police Department Fundraiser Merchandise Sale – McDonald’s 4/7 – Food Truck Rodeo 4/9 – FVDA Boar Meeting 4/10 – Chamber Business Exchange 4/10 – Police Department Friends with Wisdom – The Addison of Fuquay-Varina 4/11 – FM2FV Concert – Embers 4./15 – Wake County Mayors Association Meeting 4/17 – Chamber Board Meeting 4/17 – CAMPO Exec. Board Meeting 4/18 – Chamber Business Afterhours 4/18 – FM2FV Concert – Liquid Pleasure  4/20 – Police Department – Holster and Hoses Chairty Event 4/22 – Budget Workshop 4/25 – FM2FV Concert – Crush 5/1 – First Responders Lunch 5/3 – En Plein Air 5/3 – Chamber Small Business Cookout 5/4 – En Plein Air Auction ADJOURNMENT A motion was made to adjourn the meeting at 8:36 p.m. MOTION: Commissioner Wunsch SECOND: Mayor Pro-Tem Gardner MOTION RESULT: Passed Unanimously (5-0) The minutes from the April 2, 2024, Town Board of Commissioners regularly scheduled meeting are adopted this 6th day of May in the year 2024 in Fuquay-Varina, North Carolina. FUQUAY-VARINA, NORTH CAROLINA J. Blake Massengill, Mayor ATTEST (TOWN SEAL) Teresa Wilder, Deputy Town Clerk