Board of Commissioners

Fuquay-Varina Town Board Meeting Minutes Book - Page Fuquay-Varina Town Board Meeting August 5, 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 Monday, August 5, 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 Teresa Wilder, 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 Town Manager Adam Mitchell, Assistant Town Manager Mark Matthews, Town Attorney James Adcock, Town Clerk Teresa Wilder, IT Director Scott Clark, and various other department directors. Assistant Town Manager Jim Seymour was on vacation. CALL TO ORDER Mayor Massengill called the meeting to order at 7:02 pm. INVOCATION AND PLEDGE Rev. Karen Cozart, Rogers Chapel Methodist Church provided the invocation, and retired Police Chiefs Larry Smith and Laura Fahnestock led the Pledge of Allegiance. VIRTUAL MEETING PROTOCOL Town Manager Mitchell reviewed the meeting protocol noting that the meeting was both in- person and live streamed on the Town’s YouTube Channel and Facebook Page. APPROVAL OF MINUTES 3A The July 8, 2024 Town Board of Commissioners Regular Scheduled Meeting. MOTION: Commissioner Adcock SECOND: Mayor Pro-Tem Gardner MOTION RESULTS: Passed Unanimously (5-0) PRESENTATIONS 4A Oath of Office - Police Chief Tim Smith Purpose – For Mayor Massengill to ceremonially administer the Oath of Office to Police Chief Tim Smith Town Manager Mitchell introduced Tim Smith for the official position of Police Chief for Town of Fuquay-Varina. He stated that he has over 24 years of dedicated service to the Police Department. Throughout his tenure, he has developed a deep understanding of the department’s operations by holding various leadership roles, including patrol services, criminal investigations, special response team and professional standards investigations. Town Manager reported that Tim Smith has a bachelor’s degree in criminal justices and holds several advanced law enforcement certificates and is also a veteran of the United States Army. He stated that he is married to his wife Brittany, and has three children as well as two adult children.  Mayor Massengill administered the oath of office to Police Chief Tim Smith. Police Chief Smith thanked his family, his parents and his co-workers for the support and the opportunity to serve the community. He stated that the Police Department will work tirelessly to ensure that Fuquay-Varina remains a safe place to work, live and play. Mayor Massengill congratulated him on this achievement and stated that it was an honor to swear him in as the Town of Fuquay-Varina Police Chief. Mayor Massengill also recognized retired Police Chief Laura Fahnestock, retired Police Chief and Town Commissioner Larry Smith, and Former Mayor John Bryne. Former Mayor John Bryne stated that he was proud of the Town Board and Town Manager for selecting the right person in Police Chief Smith and promoting within. He reported that Police Chief Smith has the education and the experience to be the Town of Fuquay-Varina Police Chief. 4B Employee Recognition - Police Department Purpose – To recognize Sergeant Wohl, Sergeant Kain, and Captain Gathman for their recent professional development achievements. Staff Comments – Police Chief 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. Sergeant Brian Wohl The Administrative Officers Management Program (AOMP) at NC State University is designed to equip law enforcement professionals with advanced leadership and  management skills. It focuses on strategic decision-making, organizational development, and effective communication. Sergeant Brett Kain The School Resource Officer (SRO) Certificate Program is designed specifically for sworn law enforcement officers assigned as School Resource Officers, who desire to increase their training, experience, and credentials. The courses selected for the program recognize that an SRO is often required to perform traditional patrol responsibilities in addition to their school-related duties. Captain Chris Gathman Senior Management Institute for Police (SMIP) is a program of the Police Executive Research Forum that provides senior police executives with intensive training in the latest management concepts and practices used in business and government. It also features discussions of the most challenging issues facing law enforcement executives today. 4C Proclamation - National Farmers Market Week Purpose – For Mayor Massengill to present a proclamation recognizing National Farmers Market week in Fuquay-Varina. Mayor Massengill recognized Marge Moreton and one of the Growers Market Board Members that were in attendance. PUBLIC COMMENTS 5A David Adams, 2624 Broad Street, Holly Springs spoke regarding the condemnation of his mother’s property for the Alston Ridge Greenway project. ITEMS PREVIOUSLY TABLED 6A Voluntary Annexation Petition - Donald H. Buffaloe - a portion of 7453 Kennebec Road, Willow Spring - PIN 0676965255 - ANX-2023-14. Purpose – To consider an annexation ordinance extending the corporate limits of the Town of Fuquay-Varina following receipt of a petition for voluntary annexation of property located at a portion of 7453 Kennebec Road, Willow Spring owned by Donald H. Buffaloe, PIN 0676965255, containing approximately 47.309 acres, and to approve the related Annexation Agreement. Staff Comments – Assistant Planning Director Melissa Sigmund 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 property is non-contiguous to the Town's corporate limits, containing 47.309 acres. Town water is available, and a fire flow test was conducted, resulting in 1,141 GPM. Town sewer is currently unavailable to the property and will be extended with the development. The subject property will be served with Town sanitation and recycling services. At the June 18, 2024, meeting, the Town Board instructed the Town Clerk to investigate the sufficiency of the applicant's petition for voluntary annexation and adopted a resolution setting a public hearing for the July 8, 2024, Town Board meeting. The Town Clerk certified at that time that the petition was sufficient and met the requirements prescribed by the North Carolina General Statutes.  At the July 8, 2024, Town Board meeting, the public hearing was continued, and consideration of the annexation request was tabled until the August 5, 2024, Town Board meeting at the request of the petitioner. The present total value of the property is $1,259,313. Public Hearing – The public hearing was opened. Mark Frederick, 301 Fayetteville Street, Raleigh spoke in favor. No one spoke in opposition of the voluntary annexation petition. Discussion – There was no discussion from members of the Town Board regarding this matter. Recommendation – Adopt the annexation ordinance to extend the corporate limits of the Town of Fuquay-Varina to include property owned by Donald H. Buffaloe (ANX- 2023-14) and to approve the Declaration of Annexation Agreement as presented and recommended. Ordinance No. N-24-27 MOTION: Commissioner Haynes SECOND: Commissioner Adcock MOTION RESULTS: Passed Unanimously (5-0) PUBLIC HEARINGS 7A Zoning Map Amendment - Taylor Morrison of the Carolinas, Inc - A Portion of 7453 Kennebec Road - A Portion of PIN 0676965255 - REZ-2023-15 Purpose – To consider a requested zoning map amendment for a total of 45.5 acres, located at a portion of 7453 Kennebec Road, from the Wake County R-30 Zoning District to the Planned Unit Development (PUD) Zoning District. Staff Comments – Assistant Planning Director Melissa Sigmund 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 property totals 45.5 acres and is located in the Town's Urban Service Area (USA) and is the subject of ANX-2023-14. The property is generally cleared for agricultural uses with a single family home and several barns and other structures located on the western side of the property. A small, private cemetery is located in the southeast portion of the property. Black Creek and a spur of the creek run along the southern and eastern portions of the property. The property is currently zoned Wake County R-30 Zoning District. The zoning map amendment petition requests approval of the Planned Unit Development (PUD) Zoning District. This zoning district is intended to permit variations and flexibility to create a plan for a unified high quality overall development that would otherwise not be possible under the Land Development Ordinance. This type of development encourages the conservation and more efficient use of open space, protection of sensitive environmental areas, enhanced recreation and activities for healthy living, a pedestrian friendly environment and a well-designed and coordinated street pattern. The regulations and performance standards of a PUD district offer flexibility in order to facilitate an integrated mix of housing types and or uses conveniently located close to each other. The PUD zoning district requires a master plan with zoning approval, which is included herein. The petitioner has requested that only the following uses be permitted at the subject property: 1) Small Lot Single-Family Detached 2) Row Houses 3) Greenways 4) Parks/Facilities5) Home Occupation Additionally, 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, Wood Siding, or Engineered Wood Siding will be used for siding, shake and board/batten material as primary façade material on all exterior elevations. Vinyl windows, shutters, soffits, decorative elements, decorative brick and stone along the foundation and trim are permitted as accent material. 3) No home can be constructed with either an exterior elevation (front Façade) or color palette that is identical to the next home on either side or directly across the street (for all homes). 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. 4) A minimum of three of the following exterior materials/elements shall be used on each house: - Decorative shake - Decorative porch rails and posts - Shutters - 1”x4” window wrap  - Decorative window pediments - Recessed windows - Side and/or front window box bays - Decorative gables, dormers, or cornices-Decorative Board & Batten 5) 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: - Fiber cement lap siding - Board and batten siding - Shake and shingle siding - Wood siding - Stone or synthetic stone - Brick 6) A minimum of two of the following exterior materials will be applied to the front façade and any façade that faces the ROW: brick, masonry, board and batten, horizontal, or shake siding. 7) Decorative brick or stone shall be provided along the front façade foundation of all homes and any façade foundation that faces a ROW, equivalent to a minimum of 24 inches, however, the minimum measurement is applicable to the front elevation where grade changes occur from front to back. No exposed concrete or concrete masonry unit is permitted. 8) ROW visibility: any side or rear facing façade facing the public ROW shall have a covered or enclosed porch, and or decorative trim or shutters around all windows. 9) All garage doors shall contain windows, decorative details, such as barn style doors, trellis, and/or carriage style adornments. 10) All homes shall have a front door with a minimum of 25% glazing, transom, and/or door sidelights. 11) All floor plans and/or home models will include a reverse gable roof. 12) All homes shall include architectural shingles, and the roof shall be pitched at 5:12 or greater (not including porches, bay windows, etc.). 13) All homes shall include a covered porch with posts at the front door. 14) The alleys have been modified - details as shown below (see Master Plan Narrative for associated graphic). 15) Density will be limited to a maximum of 2.18 du/acre. 16) A 4-foot black aluminum fence will be provided around the preserved cemetery boundary as shown on the Master Plan. The master plan is characterized by a mix of small lot single-family detached homes, alley-loaded row houses, and both passive and activated open space. The associated master plan (document 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 maximum allowed density in the PUD Zoning District is six (6) dwelling units/acre and the master plan proposes a maximum density of 2.18 dwelling units/acre for a total of 99 combined units. The master plan proposes a network of streets with the development's two (2) access points off Kennebec Road and Eddie Howard Road. Due to environmental constraints, there are no proposed stubs to adjacent properties. All street sections shall follow the Town's standard specifications, apart from a requested modification to the private alley cross-section to provide accessibility to Town vehicles and emergency services. 25% of open space is required for a PUD development and the master plan proposes 49% or 22.32 acres. 5% of activated common green is required for a PUD development and the master plan proposes 5.3% or 2.4 acres that will incorporate amenities including natural walking trails, pollinator/butterfly gardens, open grass fields, a play area, benches, and a 10-foot private greenway trail that will tie into the public greenway. The existing private cemetery will be left undisturbed, with a pollinator garden and natural path surrounding it. Sidewalks and trails are proposed throughout the development to link the recreational areas and encourage residents to be outside and active. The master plan commits to large undisturbed buffer areas along the eastern and southern portions of the property in order to preserve existing vegetation and wetland areas. Surrounding properties are generally agricultural and residential in nature. More specifically, the Deer Brook and Judd Plantation subdivisions are to the north of the subject property, the South Lakes Subdivision is west, open farmland is to the east and the proposed South Lakes SF-10 subdivision is directly to the south. Additionally, South Lakes Elementary School is to the west and Willow Springs High School is catacorner to the subject property. The 2040 Community Vision Land Use Plan (LUP) calls for the Mixed Residential Neighborhood (MRN) classification at the subject property. The MRN classification is defined as land formed as a neighborhood that includes several housing types, single dwelling detached, townhouse, condominium, apartment, and/or senior living, that provide a range of home choices (lot sizes and home types) in the same neighborhood. This mixed approach accommodates residents at all stages of life, with different housing needs and preferences, to live in a multi-generational community for a lifetime. In an MRN, homes are oriented toward the street with on-street parking in front of more dense housing options. Some neighborhoods may mix housing types on the same block or provide accessory dwelling units. New MRN developments should include a comprehensive and connected network of open space that provide gathering space; preserve large tree stands; and help manage stormwater run-off. Lot sizes in the neighborhoods are smallest around the central gathering place, where attached and multi dwelling housing types, townhouses, apartments, and condominium buildings define the space. Moving out from the center, lots transition from smaller to larger, and become exclusively single dwelling. If a MRN is built adjacent to an existing conventional neighborhood, the variation from denser to less dense should provide an appropriate transition. The proposed development proposes a mix of both single-family detached homes and row houses, with row houses focused on the interior of the property and single-family homes around the edges. This layout is consistent with the Land Use Plan designation. The requested zoning map amendment is consistent with the 2040 Community Vision Land Use Plan and is supports the following LUP policies: 1) Policy 3.1: Create a Comprehensive, Connected, and Continuous Network of Green Space 2) Policy 5.6: Enhance Bicycle & Pedestrian Facilities Throughout the Planning Area 3) Policy 7.1: Establish a Discernible Neighborhood Structure 4) Policy 7.2: Encourage Transitional Uses and Intensities in and Around Project Boundaries 5) Policy 8.1: Provide Mixed Housing & Diversity Public water is currently available to serve the subject property. Public sewer will be extended by the developer with the development. The subject property is located along and has access to Kennebec Road and Eddie Howard Road. Kennebec Road is classified by the Town's 2035 Community Transportation Plan (CTP) as a 70-foot right-of-way and is identified as being a two (2)- lane, cross-section with sidewalks and sidepaths and a future carrying capacity of 11,400 ADT. It is currently a two (2)-lane road with a center turn lane and a carrying capacity of 11,000 ADT. 2015 NCDOT traffic counts taken approximately 0.47 miles north of the subject property indicated a volume of 4,500 ADT. More recent traffic count data is currently unavailable. Eddie Howard Road is classified by the Town's 2035 Community Transportation Plan (CTP) as a 70-foot right-of-way and is identified as being a two (2)-lane, cross-section with sidewalks and sidepaths and a future carrying capacity of 11,400 ADT. It is currently a two (2)-lane road with a center turn lane and a carrying capacity of 9,000 ADT. NCDOT traffic counts for Eddie Howard Road are not currently available. The petitioner held a neighborhood meeting on March 27, 2024, at 820 S Main Street, Fuquay-Varina, NC. The meeting report is attached, and staff takes no position regarding 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 district supports the Land Use Plan Policy 3.1: Create a Comprehensive, Connected, and Continuous Network of Green Space. 2) The requested zoning district supports the Land Use Plan Policy 5.6: Enhance Bicycle & Pedestrian Facilities Throughout the Planning Area. 3) The requested zoning district supports the Land Use Plan Policy 7.1: Establish a Discernible Neighborhood Structure. 4) The requested zoning district supports the Land Use Plan Policy 7.2: Encourage Transitional Uses and Intensities in and Around Project Boundaries. 5) The requested zoning district supports the Land Use Plan Policy 8.1: Provide Mixed Housing & Diversity. 6) The master plan and narrative included with the request effectively limits development and demonstrates compliance with many of the zoning conditions offered and goals as described in the 2040 Land Use Plan. Following staff's recommendation, the petitioner submitted the Preliminary Subdivision Plat for concurrent review with the rezoning request. Upon approval by the Town Board of Commissioners of the Master Plan, subsequent approvals that are consistent with the approved Master Plan shall be subject to administrative review and approval. The proposed Preliminary Subdivision Plat meets all Town requirements. At the June 15, 2024, regular meeting, the Planning Board voted unanimously to recommend approval. Following the June 15, 2024, Planning Board, the applicant requested to delay the project one (1) month (from July 8, 2024, to August 5, 2024, Town Board meetings), in order to add a condition regarding a fence that will be installed around the preserved cemetery. Public Hearing – The public hearing was opened. No one spoke in favor or opposition of the zoning map amendment. Discussion – There was no discussion from members of the Town Board regarding this matter. Recommendation – Approve REZ-2023-15, a zoning map amendment for a portion of 7453 Kennebec Road, from the Wake County R-30 Zoning District to the Planned Unit Development (PUD) Zoning District as it is reasonable and in the best interest of the public for the reasons identified by management and staff. MOTION: Commissioner Adcock SECOND: Commissioner Wunsch MOTION RESULTS: Passed Unanimously (5-0) 7B Voluntary Annexation Petition - Abiel LLC, 604 & 608 Sage Court - PINs 0665273452 & 0665274499 - ANX-2024-07 Purpose – To consider an annexation ordinance extending the corporate limits of the Town of Fuquay-Varina following receipt of a petition for voluntary annexation of properties located at 604 & 608 Sage Court owned by Abiel LLC, PINs 0665273452 & 0665274499, containing approximately 2.1 acres, and to approve the related Annexation Agreement. Staff Comments – Assistant Planning Director Melissa Sigmund 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 properties are contiguous to the Town's corporate limits, containing 2.1 acres. As these properties are undeveloped lots within an established Wake County subdivision (Neils Crossing), a fire flow test is not required, and the properties are permitted to petition for annexation under the standards of said subdivision. Town water and sewer are currently available to the properties. Town sanitation and recycling services are not currently available to serve the subject properties and have been exempted per the annexation agreement. At the July 8, 2024, meeting, the Town Board instructed the Town Clerk to investigate the sufficiency of the applicant's petition for voluntary annexation and adopted a resolution setting a public hearing for the August 5, 2024, Town Board meeting. The Town Clerk certified at that time the petition was sufficient and met the requirements prescribed by North Carolina General Statutes. The present total value of the properties is $42,000. Public Hearing – The public hearing was opened. Gene Mack, 4815 Revere Road, Durham spoke in favor of the voluntary annexation petitions. Alice Terry, 600 Sage Court, Fuquay-Varina spoke in opposition of the voluntary annexation petitions. Discussion – Mayor Massengill asked what the current zoning of the property was. Assistant Planning Director Sigmund stated that it is R30/RA zoning district. Mayor Massengill asked that this is an annexation for the petitioner to receive Town services and will pay town taxes. Assistant Planning Director Sigmund stated that was correct and this would be the process for Town services. Mayor Massengill stated that the Town cannot require any adjoining neighbors to annex into Town. Assistant Planning Director Sigmund stated that the Town cannot require annexation. Mayor Massengill asked unless there was a development disturbance to the land it would remain the same zoning. Assistant Planning Director Melissa stated that the property has already been subdivided and the lots would remain at the current plan of subdivision and the Department of DEQ would be involved in any type of landfill operations. Mayor Massengill asked if any of the records to the state indicate there was a landfill on the property. Assistant Planning Director Sigmund stated that to her knowledge there has not been a landfill on the property. Commissioner Adcock asked if the state maintains the streets. Assistant Planning Director Sigmund stated that more than likely the streets are maintained by NCDOT. Recommendation – Adopt the annexation ordinance to extend the corporate limits of the Town of Fuquay-Varina to include property owned by the Abiel LLC (ANX-2024-07) and to approve the Declaration of Annexation Agreement as presented and recommended. Ordinance No. 24-28  MOTION: Commissioner Wunsch SECOND: Commissioner Harris MOTION RESULTS: Passed Unanimously (5-0) 7C Voluntary Annexation Petition - Royal Bluffs LLC - A Portion of 7316 Ten Ten Road - a portion of PIN 0780601378 - ANX-2024-08 Mayor Massengill noted for the record that the full board is in attendance tonight and that the Mayor does not vote and after consultation with the Town Attorney for public participation, he will not be having any deliberations or recommendations on this item. Purpose – To consider an annexation ordinance extending the corporate limits of the Town of Fuquay-Varina following receipt of a petition for voluntary annexation of property located at a portion of 7316 Ten Ten Road owned by Royal Bluffs, LLC, a portion of PIN 0780601378, containing approximately 5.451 acres, and to approve the related Annexation Agreement. Staff Comments – Assistant Planning Director Melissa Sigmund 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 property is non-contiguous to the Town's corporate limits, containing 5.451 acres. Water and sewer are not currently available and will be extended by the developer with development per the annexation agreement. A Fire flow test resulted in an adequate fire flow of 2,420 gallons per minute. Town sanitation and recycling services will not be provided to the property as it is proposed to be a nonresidential use. At the July 8, 2024, meeting, the Town Board instructed the Town Clerk to investigate the sufficiency of the applicant's petition for voluntary annexation and adopted a resolution setting a public hearing for the August 5, 2024, Town Board meeting. The Town Clerk certified at that time that the petition was sufficient and met the requirements prescribed by the North Carolina General Statutes. The present total value of the property is $469,811. Public Hearing – The public hearing was opened. No one spoke in favor or opposition of the voluntary annexation petitions. Discussion – There was no discussion from members of the Town Board regarding this matter. Recommendation – Adopt the annexation ordinance to extend the corporate limits of the Town of Fuquay-Varina to include property owned by Royal Bluffs, LLC (ANX-2024- 08) and to approve the Declaration of Annexation Agreement as presented and recommended. Ordinance No. N-24-29 MOTION: Mayor Pro-Tem Gardner SECOND: Commissioner Haynes MOTION RESULTS: Passed Unanimously (5-0) 7D Zoning Map Amendment & Land Use Plan Amendment - The Curry Engineering Group, PLLC - a Portion of 7316 Ten Ten Road - a Portion of PIN 0780601378 - REZ- 2024-08 Mayor Massengill noted for the record that the full board is in attendance tonight and that the Mayor does not vote and after consultation with the Town Attorney for public participation, he will not be having any deliberations or recommendations on this item. Commissioner Harris asked if Mayor Massengill should recuse himself from these items due to a financial interest. Town Attorney James Adcock stated that if there is a full board there no possibility the Mayor would have a vote due to there not being a split vote. Town Attorney Adcock reported that the Mayor must disclose the conflict and not participate in any discussion but does not need to recuse himself because he is not a voting member. Purpose – To consider a requested zoning map amendment for a total of 4.94 acres, located at a portion of 7316 Ten Ten Road, from the Wake County R-30 Zoning District to the General Commercial Conditional Zoning District (GC-CZD) and the corresponding Land Use Plan amendment from the Single Family Neighborhood (SFN) classification to the Suburban Commercial (SC) classification. Staff Comments – Assistant Planning Director Melissa Sigmund 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 property totals 4.94 acres and prior to approval of ANX-2024-08, is located in the Town's urban service area (USA). The property is generally cleared with some wooded areas. A single-family home is located on the eastern side of the property. The property is currently zoned Wake County R-30 Zoning District. The zoning map amendment petition requests approval of the General Commercial Conditional Zoning District (GC-CZD). This zoning district is intended to permit a mix of high intensity nonresidential development of convenience services, retail, office, institutional, regional retail shopping, employment centers, and service uses. This district is generally located at intersections of and along arterial roads (freeways, expressways, parkways, and boulevards) and major thoroughfares serving two (2) miles or greater in area. Public utilities are required. The petitioner has requested that the following uses be prohibited at the subject property: 1) Live/Work Unit 2) Place of Worship 3) Place of Worship, Temporary 4) Recyling Collection Station 5) Recycling Transfer Center 6) Water/Wastewater Treatment Facility, Private 7) Night Club/Dance Club 8) Electronic Sweepstakes Gaming Operation 9) Sexually Oriented Business 10) Tattoo & Body Piercing 11) Beach Bingo 12) Tobacco and/or CBD Retailer 13) Drive-In Theater 14) Golf Course 15) Funeral Home 16) Vehicle Boat Equipment Sales and/or Rental 17) Tire Sales & Service 18) Home Occupation 19) Yard Sale 20) Convenience Store with Gas Pumps (Convenience Stores without gas pumps are still permitted) Additionally, the petitioner has requested the following site-specific conditions be made applicable to the subject property: 1) Any required perimeter buffer abutting a residentially zoned property shall be planted with only evergreen plantings. 2) There shall be no exterior dumpsters for storage facility uses. 3) A privacy fence of at least 6' tall shall be provided. Fence may be constructed at grade or upon a berm within the required buffer along the Legacy Farms Subdivision. Fence design and materials will be selected further in the process and approved by Town staff as part of that review. 4) No use shall be permitted to be open to the public 24 consecutive hours. Surrounding properties are primarily agricultural or wooded in nature with some residential uses. The Legacy Farm subdivision is to the south, the Blaney South subdivision is to the west, and the Royal Creek subdivision is to the east. Furthermore, several large shopping centers are to the east of the subject property. The 2040 Community Vision Land Use Plan (LUP) calls for the Single Family Neighborhood (SFN) classification at the subject property. Since the requested zoning is incompatible with the designation of SFN, the petitioner has included a Land Use Plan amendment as part of this zoning map petition, which will be described later in this report. Public utilities are not currently available to serve the subject properties, but will be extended by the developer with the development. The subject property is located along and has access to Ten Ten Road. Ten Ten Road is classified by the Town's 2035 Community Transportation Plan (CTP) as a 110-foot right- of-way and is identified as being a four (4)-lane, median divided cross-section with sidepaths and a future carrying capacity of 36,600 ADT. It is currently a two (2)-lane road with a carrying capacity of 18,300 ADT. 2021 NCDOT traffic counts taken approximately 0.8 miles to the east of the subject property indicated a volume of 26,000 ADT. A neighborhood meeting was held by the petitioner on June 18, 2024, via the Microsoft Teams web application. The meeting report is attached, and staff takes no position regarding its content. The 2040 Community Vision Land Use Plan (LUP) calls for the Single Family Neighborhood (SFN) classification at the subject property. The petitioner has proposed a Land Use Plan amendment from the SFN classification to the Suburban Commercial (SC) classification as it is more compatible with the intent of the property and development trends in the adjacent areas. Land classified as SC serves the daily needs of surrounding residential neighborhoods. Suburban Commercial areas are typically located near high-volume roads and key intersections, and are designed to be accessible primarily by automobile. New Suburban Commercial areas should include multiple buildings oriented toward a system of walkable internal streets. Iconic building architecture and unified project development standards reinforce a unique sense of place for the site. Cross-access between retail destinations should also be provided via internal roads with provisions for mobility access between buildings that support a park-once mentality (or walk-to, bike-to environment from surrounding residential neighborhoods). The requested zoning map amendment is consistent with the 2040 Community Vision Land Use Plan and supports the following LUP policies: 1) Policy 2.6: Encourage Commercial Development 2) Policy 4.1: Manage Future Growth and Development in Accordance with the Priority Infrastructure Investment Areas Map 3) Policy 6.5: Attract New Retailers As such, the requested Land Use Plan amendment is consistent with the 2040 LUP's vision. The Land Use Plan amendment, if approved, would allow for improvements that are more consistent and appropriate with the proposed use and the adjacent properties. Management and staff recommend approval of the proposed zoning map amendment and corresponding Land Use Plan amendment as it is reasonable and in the best interest of the public for the following reasons: 1) Although the requested zoning map amendment is not consistent with the 2040 Community Vision Land Use Plan classification of Single Family Neighborhood (SFN), the petitioner has opted to request a change of the Land Use Plan to Suburban Commercial (SC), which is compatible with the other intended use and other land use designations of surrounding properties. 2) The requested zoning district supports the LUP's Policy 2.6: Encourage Commercial Development. 3) The requested zoning district supports the LUP's Policy 4.1: Manage Future Growth and Development in Accordance with the Priority Infrastructure Investment Areas Map. 4) The requested zoning district supports the LUP's Policy 6.5: Attract New Retailers. 5) The proposed conditions effectively limit the future development potential for the site. Prohibiting a convenience Store with Gas Pumps and 24-hour business along with the commitment to construct a 6' privacy fence along the property line adjacent to the Legacy Farms subdivision were conditions added to the petition in response to concerns expressed at the neighborhood meeting. At the July 15, 2024, regular meeting, the Planning Board voted unanimously to recommend approval. Public Hearing – The public hearing was opened. Andy Petty, 205 S. Fuquay Avenue spoke in favor of the zoning map amendment and land use plan amendment. No one spoke in opposition of the zoning map amendment and land use plan amendment. Discussion – There was no discussion from members of the Town Board regarding this matter. Recommendation – Approve REZ-2024-08, a zoning map amendment for a portion of 7316 Ten Ten Road, from the Wake County R-30 Zoning District to the General Commercial Conditional Zoning District (GC-CZD) and the corresponding Land Use Plan amendment from the Single Family Neighborhood (SFN) classification to the Suburban Commercial (SC) classification as it is reasonable and in the best interest of the public for the reasons identified by management and staff. - MOTION: Commissioner Wunsch SECOND: Mayor Pro-Tem Gardner MOTION RESULTS: Passed Unanimously (5-0) 7E Zoning Map Amendment - Bluff Valley Contracting, LLC - 626 W Academy Street - PIN 0656572439 - REZ-2024-07 Purpose – To consider a requested zoning map amendment for a total of 4.03 acres, located at 626 W Academy Street, from the Heavy Industrial (HI) Zoning District to the General Commercial Conditional Zoning District (GC-CZD). Staff Comments – Assistant Planning Director Melissa Sigmund 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 property totals 4.03 acres. It is located in the Town's corporate limits. The property is generally wooded with some cleared areas. The property is currently zoned Heavy Industrial (HI) Zoning District. The zoning map amendment petition requests approval of the General Commercial Conditional Zoning District (GC-CZD). This zoning district is intended to permit a mix of high intensity nonresidential development of convenience services, retail, office, institutional, regional retail shopping, employment centers, and service uses. This district is generally located at intersections of and along arterial roads (freeways, expressways, parkways, and boulevards) and major thoroughfares serving two (2) miles or greater in area. Public utilities are required. The petitioner has requested that the following uses be prohibited at the subject property: 1) Live/Work Unit 2) Place of Worship 3) Place of Worship, Temporary 4) Recycling Collection Station 5) Recycling Transfer Center 6) Water/Wastewater Treatment Facility, Private 7) Night Club/Dance Club 8) Electronic Sweepstakes Gaming Operation 9) Sexually Oriented Business 10) Tattoo & Body Piercing 11) Beach Bingo 12) Tobacco and/or CBD Retailer 13) Drive-In Theater 14) Golf Course 15) Funeral Home 16) Vehicle Boat Equipment Sales and/or Rental 17) Tire Sales & Service 18) Home Occupation 19) Temporary Mobile Units 20) Yard Sale Additionally, the petitioner has requested the following site-specific conditions be made applicable to the subject property: 1) Any required perimeter buffer abutting a residentially zoned property shall be planted with only evergreen plantings. 2) There shall be no exterior dumpsters for storage facility uses. Surrounding properties are primarily residential in nature. The Spring Fields subdivision is to the west, the Summerdale subdivision is to the east and southeast, the Union Station subdivision is to the northwest and the Madden West development, currently under construction, is to the north of the subject property. Additionally, Fleming Loop Park is to the southwest and the railroad is directly to the north of the property The 2040 Community Vision Land Use Plan (LUP) calls for the Suburban Commercial (SC) classification at the subject property. The SC classification is defined as land serving the daily needs of surrounding residential neighborhoods. Suburban Commercial areas are typically located near high-volume roads and key intersections and are designed to be accessible primarily by automobile. New Suburban Commercial areas should include multiple buildings oriented toward a system of walkable internal streets. A central green and other public spaces throughout the development — pocket parks, public plazas, outdoor dining areas — encourage community gathering and people watching. Iconic building architecture and unified project development standards reinforce a unique sense of place for the site. Cross-access between retail destinations should also be provided via internal roads with provisions for mobility access between buildings that support a park-once mentality (or walk-to, bike-to environment from surrounding residential neighborhoods). The requested zoning map amendment is consistent with the 2040 Community Vision Land Use Plan and supports the following LUP policies: 1) Policy 2.1: Encourage Infill Development & Redevelopment Inside Town Limits 2) Policy 2.6: Encourage Commercial Development 3) Policy 4.1: Manage Future Growth and Development in Accordance with the Priority Infrastructure Investment Areas Map 4) Policy 6.5: Attract New Retailers Public water and sewer are available to serve the subject property. The subject property is located along and has access to NW Judd Parkway. NW Judd Parkway is classified by the Town's 2035 Community Transportation Plan (CTP) as a 110- foot right-of-way and is identified as being a four (4)-lane, median divided cross-section with sidepaths and a future carrying capacity of 35,100 ADT. It is currently constructed to the CTP classification with a carrying capacity of 35,100 ADT. 2021 NCDOT traffic counts taken in front of the subject property indicated a volume of 7,800 ADT. A neighborhood meeting was held by the petitioner on June 13, 2024, via the Microsoft Teams web application. The meeting report is attached, and the staff takes no position regarding its contents. 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 classification of Suburban Commercial (SC). 2) The requested zoning district supports the LUP's Policy 2.1: Encourage Infill Development & Redevelopment Inside Town Limits. 3) The requested zoning district supports the LUP's Policy 2.6: Encourage Commercial Development. 4) The requested zoning district supports the LUP's Policy 4.1: Manage Future Growth and Development in Accordance with the Priority Infrastructure Investment Areas Map. 5) The requested zoning district supports the LUP's Policy 6.5: Attract New Retailers. 6) The proposed conditions effectively limit the future development potential for the site. At the July 15, 2024 regular meeting, the Planning Board voted unanimously to recommend approval.  Public Hearing – The public hearing was opened. Andy Petty, 205 S. Fuquay Avenue spoke in favor of the zoning map amendment. No one spoke in opposition of the zoning map amendment. Discussion – There was no discussion from members of the Town Board regarding this matter. Recommendation – Approve REZ-2024-07, a zoning map amendment for 626 W Academy Street, from the Heavy Industrial (HI) Zoning District to the General Commercial Conditional Zoning District (GC- CZD) as it is reasonable and in the best interest of the public for the reasons identified by management and staff. - MOTION: Commissioner Haynes SECOND: Commissioner Harris MOTION RESULTS: Passed Unanimously (5-0) 7F Zoning Map Amendment - Josh Swindell, Envision Homes, LLC - A Portion of 1500 Ballentine Dairy Road, A Portion of 1521 Randall Farm Road, 1540 Randall Farm Road, 0 Sunset Lake Road, & 1528 Randall Farm Road - A Portion of PIN 0667579263, A Portion of PIN 0667660540, PINs 0667672061, 0667675121, & 0667664856 - REZ- 2023-16 Purpose – To consider a requested zoning map amendment for a total of 29.9 acres, located at a portion of 1500 Ballentine Dairy Road, a portion of 1521 Randall Farm Road, 1540 Randall Farm Road, 0 Sunset Lake Road, & 1528 Randall Farm Road, from the Residential Agricultural (RA) Zoning District to the Planned Unit Development (PUD) Zoning District. Staff Comments – Assistant Planning Director Melissa Sigmund 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 29.9 acres and are located in the Town's Extra Territorial Jurisdiction (ETJ), to be annexed at a later date. The properties are generally cleared for agricultural uses with some single-family homes and several agricultural buildings. Terrible Creek is to the immediate south and east of the properties and an unnamed blueline stream crosses a small portion of 1540 Ballentine Dairy Road & 1521 Randall Farm Road and the east side of 1528 Randall Farm Road. The property is currently zoned Residential Agricultural (RA). The zoning map amendment petition requests approval of the Planned Unit Development (PUD) Zoning District. This zoning district is intended to permit variations and flexibility to create a plan for a unified high quality overall development that would otherwise not be possible under the Land Development Ordinance. This type of development encourages the conservation and more efficient use of open space, protection of sensitive environmental areas, enhanced recreation and activities for healthy living, a pedestrian friendly environment, and a well-designed and coordinated street pattern. The regulations and performance standards of a PUD district offer flexibility in order to facilitate an integrated mix of housing types and or uses conveniently located close to each other. The PUD zoning district requires a master plan with zoning approval, which is included herein. The petitioner has requested that only the following uses be permitted at the subject property: 1) Row House 2) Townhouse 3) Residential Accessory Use 4) Recreation, Indoor 5) Recreational Facility - Private, Outdoor Additionally, the petitioner has requested the following site-specific conditions be made applicable to the subject property: 1) Vinyl siding is not permitted; however, vinyl windows, decorative elements and trim are 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 or directly across the street. In the instance of attached homes, this also pertains to units within the same row. 3) High visibility lot: Any side façade adjacent to a public ROW shall have decorative trim or shutters around all windows. Any rear façade adjacent to a public ROW (existing or proposed) shall have a covered or enclosed porch. 4) Architectural shingles: All homes shall include architectural shingles in a color that compliments the neighborhood’s approved color palette. 5) Glazing: All homes shall have a front door with a ¼ lite door, transom, or door sidelights. 6) Garage Doors: All front-facing garage doors shall have windows, decorative details or carriage style adornments. This is not applicable to surface park townhomes. 7) Roofline: Roofline shall be broken up horizontally and vertically along the front façade, such that no roofline is in a single mass. The roofline of townhome buildings will also incorporate a minimum roof overhang of 8 inches on end units. 8) 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. 9) Façade Treatment – a minimum of three included per dwelling unit: a) Minimum of 24” of masonry material at the base along front façade and surrounding entryway. b) Variation in exterior materials such as brick, masonry, board and batten, horizontal, or shake siding. c) Decorative front dormers, shed roofs, or gables. d) Decorative trim, shake, cornice, horizontal trim, brackets or air vents/windows on gables. e) Decorative shutters, window trim, or window grids. f) Decorative trellis or shed roof over garage door. g) Variation in roof lines, direction, or materials. h) Addition/variation of a front porch, covered entry, portico, or stoop. i) Shutters, window trim, or window grids. 10) The side elevation of a townhome that faces an existing or proposed right-of- way (excluding alleys) shall be consistent with the front façade and shall include two (2) of the following elements: a) Windows with shutters. b) Addition of a gable, dormer, or shed roof. c) Two or more building materials. d) Decorative trim, shake, cornice, horizontal trim, brackets or air vents/windows on the gable. e) Variation in siding material pattern for at least 20 percent of the wall area. f) Matching window grids. The master plan is characterized by a mix of alley-loaded row houses, front-loaded townhomes, surface parked townhomes, and both passive and activated open space. The associated master plan (document 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 maximum allowed density in the PUD Zoning District is six (6) dwelling units/acre and the master plan proposes a maximum density of 5.0 dwelling units/acre for a total of 147 units. The master plan proposes a network of streets with two (2) access points off Ballentine Dairy Road and Sunset Lake Road. Two (2) stub roads are provided to the west and southwest, respectively. All street sections shall follow the Town's standard specifications, apart from a requested modification to the Type 1B private alleys (Alleys A & B in the Master Plan) to permit sidewalks and to enhance pedestrian accommodations. 25% or 7.48 acres of open space is required, and the master plan proposes 33% or 9.99 acres. Five percent (5%) or 1.50 acres of activated Common Green is both required and provided. The Common Green is proposed to incorporate amenities including a playground, commercial-grade games like foosball and corn hole, benches, picnic tables, a walking trail, community gardens, a community library box, and a small dog park for residents. Sidewalks and trails are proposed throughout the development to link the recreational areas and encourage residents to be outside and active. Surrounding properties are generally agricultural and residential in nature. More specifically, the Fern Valley subdivision is to the west, the Ballentine subdivision is to the east across Sunset Lake Road, and agricultural and forested lands lie to the north and south of the subject properties. The 2040 Community Vision Land Use Plan (LUP) calls for the Mixed Residential Neighborhood (MRN) and Single-Family Neighborhood (SFN) classifications at the subject properties. The MRN classification is defined as land formed as a neighborhood that includes several housing types, single dwelling detached, townhouse, condominium, apartment, and/or senior living, that provide a range of home choices (lot sizes and home types) in the same neighborhood. This mixed approach accommodates residents at all stages of life, with different housing needs and preferences, to live in a multi-generational community for a lifetime. In an MRN, homes are oriented toward the street with on-street parking in front of more dense housing options. Some neighborhoods may mix housing types on the same block or provide accessory dwelling units. New MRN developments should include a comprehensive and connected network of open space that provide gathering space; preserve large tree stands; and help manage stormwater run-off. When a MRN is built adjacent to an existing conventional neighborhood, the variation from denser to less dense should provide an appropriate transition. The Single-Family Neighborhood (SFN) should be land formed as a neighborhood that should be one (1) housing type - single-family detached - on different lot sizes that vary enough to provide a range of home choices in the same neighborhood. The proposed development proposes a mix of both row homes (single-family detached) and two (2) type of townhomes, with row homes in the core of the development and townhomes around the edges. The proposed layout is consistent with the Land Use Plan designation as the portion designated as Single-Family Neighborhood serves primarily as open space. An Administrative Adjustment has been requested and approved to allow a 50' undisturbed buffer along the perimeter of the development in lieu of matching the number of adjacent lots providing a transition to the adjacent lower density development. The undisturbed buffer will be supplemented where existing vegetation is not present. The requested zoning map amendment is consistent with the 2040 Community Vision Land Use Plan and is supports the following LUP policies: 1) Policy 3.1: Create a Comprehensive, Connected, and Continuous Network of Green Space 2) Policy 5.6: Enhance Bicycle & Pedestrian Facilities Throughout the Planning Area 3) Policy 7.1: Establish a Discernible Neighborhood Structure 4) Policy 7.2: Encourage Transitional Uses and Intensities in and Around Project Boundaries 5) Policy 8.1: Provide Mixed Housing & Diversity Public water is currently available to serve the subject properties. Public sewer will be extended by the developer with the development. The subject properties are located along and have access to Ballentine Dairy Road and Sunset Lake Road. Sunset Lake Road is classified by the Town's 2035 Community Transportation Plan (CTP) as a 110-foot right-of-way and is identified as being a four (4)- lane, median-divided road with side paths and a future carrying capacity of 15,600 ADT. It is currently a two (2)-lane road with a center turn lane and a carrying capacity of 11,400 ADT. 2018 NCDOT traffic counts taken at subject properties indicated a volume of 13,500 ADT. More recent traffic count data is currently unavailable. Ballentine Dairy Road is classified as a local street in the Town's Community Transportation Plan (CTP) and is NCDOT maintained. Recent traffic counts are not available, but 2015 traffic counts indicated a volume of 350 ADT. Currently, the subject properties have access to Randall Farms Road, a private road but the project is not proposing a connection to the private road so Randall Farm Road will be used for access by the adjacent neighbors only. The petitioner held a neighborhood meeting on January 17, 2024, at 820 S Main Street, Fuquay-Varina, NC. The meeting report is attached, and staff takes no position regarding 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 district supports the Land Use Plan Policy 3.1: Create a Comprehensive, Connected, and Continuous Network of Green Space. 2) The requested zoning district supports the Land Use Plan Policy 5.6: Enhance Bicycle & Pedestrian Facilities Throughout the Planning Area. 3) The requested zoning district supports the Land Use Plan Policy 7.1: Establish a Discernible Neighborhood Structure. 4) The requested zoning district supports the Land Use Plan Policy 7.2: Encourage Transitional Uses and Intensities in and Around Project Boundaries. 5) The requested zoning district supports the Land Use Plan Policy 8.1: Provide Mixed Housing & Diversity. 6) The master plan and narrative included with the request effectively limits development and demonstrates compliance with many of the zoning conditions offered and goals as described in the 2040 Land Use Plan. At the July 15, 2024 regular meeting, the Planning Board voted unanimously to recommend approval. Public Hearing – The public hearing was opened. Andy Petty, 205 S. Fuquay Avenue and Ginger Bergstrom, 7151 Sunset Lake Road spoke in favor of the zoning map amendment. Herb Dempsey, 1810 Shellview Drive spoke in opposition of the zoning map amendment. Discussion – Commissioner Adcock stated that he has spent considerable amount of time reviewing the plan and appreciates the Ransdell family for what appears to be a project the community can be proud of. He reported that the gentlemen that spoke tonight in opposition; his property does not back up to the Ransdell property and the Town Board cannot require an additional buffer. He also stated that the State has  erosion control requirements which the Town follows, and staff is responsible for enforcing the rules. Recommendation – Approve REZ-2023-16, a zoning map amendment for a portion of 1500 Ballentine Dairy Road, a portion of 1521 Randall Farm Road, 1540 Randall Farm Road, 0 Sunset Lake Road, & 1528 Randall Farm Road, from the Residential Agricultural (RA) Zoning District to the Planned Unit Development (PUD) Zoning District as it is reasonable and in the best interest of the public for the reasons identified by management and staff. MOTION: Commissioner Adcock SECOND: Commissioner Wunsch MOTION RESULTS: Passed Unanimously (5-0) CONSENT AGENDA 8A. Recreation Unit Fee-In-Lieu - Buffaloe Run Subdivision - SUB-PR-2024-04 Purpose – To consider acceptance of a fee-in-lieu for Recreation Unit Fees for the Buffaloe Run subdivision in the amount of $113,157.99. Recommendation – Approve the fee-in-lieu request for the Buffaloe Run subdivision in the amount of $113,157.99 for Recreation Unit Fees as presented and recommended. 8B. Utility Allocation Request - Buffaloe Run Subdivision - 75 Lot Purpose – To consider a Utility Allocation Request for Buffaloe Run Subdivision.  Recommendation – Approve the recommended utility allocation request for Buffaloe Run Subdivision - (75 Lots) as presented and recommended. 8C. Resolution - Abatement Assessment - 411 Cherry Street Purpose – To consider a resolution assessing the cost of a Town abatement of a nuisance for 411 Cherry Street, PIN 0656792838. Recommendation – Approve a resolution applying the cost of Town nuisance abatement as a lien against 411 Cherry Street - PIN 0656792838. Resolution No. 24-1881 8D. Resolution - Abatement Assessment - 1630 Lake Glen D Purpose – To consider a resolution assessing the cost of a Town abatement of a nuisance for 1630 Lake Glen Dr, PIN 0666998481. Recommendation – Approve a resolution applying the cost of Town nuisance abatement as a lien against 1630 Lake Glen Dr - PIN 0666998481. Resolution No. 24-1882 8E. Budget Amendment - Bishop Photo - Youth Athletic Scholarship Fund Donation - Parks, Recreation and Cultural Resources - $2,500 - BA-25-02 Purpose – To consider approval of a budget amendment recognizing funds from Bishop Photo for non-resident scholarships within the Parks, Recreation and Cultural Resources Department. Recommendation – Approve budget amendment BA-25-02 as presented and recommended. 8F. Voluntary Annexation Petition - Jo B. Vass 9709 Eden Trail - PIN 0688182052 - ANX- 2024-06 Purpose – To consider the adoption of a resolution instructing the Town Clerk to investigate an annexation petition and adopt a resolution setting a public hearing for August 20, 2024, following the receipt of a petition for voluntary annexation of properties owned by Jo B. Vass, property containing a total of approximately 0.53 acres. Recommendation – Adopt the resolution instructing the Town Clerk to investigate the voluntary annexation petition and adopt the resolution setting the public hearing for a voluntary annexation petition on August 20, 2024, for property owned by Jo B. Vass - ANX-2024-06 as presented and recommended. Resolution No. 24-1883 Resolution No. 24-1884 8G. Wilbon Road Water Tank Project - Resolution Authorizing Condemnation of Property Purpose – To consider adoption of a resolution instructing the Town Attorney to begin condemnation proceedings to acquire a portion of land and public utility/access easements for the Wilbon Road Water Tank Project: PIN 0657225933. Recommendation – Adopt the resolution authorizing the Town Attorney to proceed with condemnation proceedings to acquire a portion of land and permanent public utility/access easement located at 916 Wilbon Road (PIN 0657225933) for the Wilbon Road Water Tank Construction Project. Resolution No. 24-1885 8H. Alston Ridge Greenway Project – Resolution Authorizing Condemnation of Property Purpose – To consider adoption of a resolution instructing the Town Attorney to begin condemnation proceedings for a greenway easement and temporary construction easements (TCE) on property owned by Mildred Sandling Adams and David Patrick Adams, co-trustees of the family trust of David Massey Adams, identified by PIN number 0658548651, as needed for the Alston Ridge Greenway Project. Recommendation – Approve the resolution instructing the Town Attorney to begin condemnation proceedings for a greenway easement and temporary construction easements (TCE) on property owned by Mildred Sandling Adams and David Patrick Adams, co-trustees of the family trust of David Massey Adams, identified by PIN number 0658548651, as needed for the Alston Ridge Greenway Project. Resolution No. 24-1886 8I. Special Event Application, Temporary Extension of Premises, and Amplified Sound Permit - Fainting Goat Brewery - Smith Farm Goat Sanctuary Fundraiser - Saturday, September 21, 2024 Purpose – To consider Fainting Goat Brewery requests approval of a special event application, temporary extension of premises, and amplified sound permit request for the Smith Farm Goat Sanctuary Fundraiser scheduled for Saturday, September 21, 2024. Recommendation – Approve the special event application, temporary extension of premises, and amplified sound permit request for the Smith Farm Goat Sanctuary Fundraiser event at Fainting Goat Brewery scheduled for Saturday, September 21, 2024, as presented and recommended. 8J. Special Event Application, Temporary Extension of Premises, and Amplified Sound Permit Request - Fainting Goat Brewery - Live Music in the Parking Lot - Saturday, September 28, 2024 Purpose – To consider Fainting Goat Brewery requests approval of a special event application, temporary extension of premises, and amplified sound permit request for live music in the Parking Lot event scheduled for Saturday, September 28, 2024. Recommendation – Approve the special event application, temporary extension of premises, and amplified sound permit request to host live music in the parking lot at Fainting Goat Brewery scheduled for Saturday, September 28, 2024, as presented and recommended. 8K. Letter of Intent (LOI) – State Contracts for Disaster Debris Removal Purpose – To consider authorizing the Town Manager to sign a Letter of Intent (LOI) for Disaster Debris Removal services. Recommendation – Authorize the Town Manager to sign the LOI to Southern Disaster Recovery, the primary contractor from the State Contract for Disaster Debris Removal, subject to the Town Attorney's review as to form. Discussion – Commissioner Adcock stated that he and Mr. Adams had emailed regarding the agricultural district public hearing and that he could not attend the hearing. He stated that the Town staff did follow up with the Board on the results of the hearing and they had a representative at the hearing. He reported that the agricultural district commission recommendation is that the proposed greenway is not on Mr. Adams property. He noted that the challenge is that if the greenway is moved then it will interfere with environmental areas and cost the public more and take more time to deliver. He stated that there are not enough greenways in Fuquay-Varina and the Town needs to find ways to have additional greenways. Commissioner Harris stated that he understands Mr. Adams concerns but as a Town Board they must contend with this issue as the community grows. He reported that he thinks there was a lot of communication that did not happen and maybe if there were more communication it would have been resolved. He stated that the historical agricultural that is in Fuquay-Varina is important to the community and that an effort should be made to sustain those areas. He reported that the greenway will promote mobility and a quality of life for citizens, but you cannot ignore the history of the citizens adjacent to the boundaries of Fuquay-Varina who have contributed so much to the community. He stated that he could not support the approval of this project, but the  Board take another look and have conversations about how the Town can get this project done with different alternative ways. Town Attorney James Adcock indicated regarding the timeline that Mr. Adams indicated he was represented by council and then they proceeded to file a lawsuit. He stated that during this period, his advised staff and elected officials that Mr. Adams had council and that all communications need to be through legal counsel and staff and elected officials not to have further communications with Mr. Adams. Mayor Pro-Tem Gardner asked that there be some type of record where the land grant farms are so when things come to the Town that the staff and Town Board knows that the land is a land grant farm before the process is started. A motion was made to approve all Consent Agenda Items 8A- 8K. MOTION Commissioner Adcock SECOND: Commissioner Wunsch MOTION RESULTS: Passed 4-1 (Commissioner Harris voted no) ITEMS REMOVED FROM CONSENT 9A There were no items removed from the Consent Agenda for separate consideration. ADMINISTRATIVE REPORTS 10A Contract Award – James Slaughter Road and NC Hwy 55 Intersection Improvements Project Purpose – To approving project ordinance amendment POA-25-05 for $700,000 and awarding a contract in the amount of $591,052.60 to State Contracting Inc. for the construction of intersection improvements at the intersection of James Slaughter Road and NC Hwy 55. Staff Comments – Engineering Director Matt Poling 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 Town’s Engineering Department prepared bid packages for constructing intersection improvements at James Slaughter Road (SR 1399) and Broad Street (NC Highway 55). This project will provide upgrades to the road infrastructure, including improvements to the pavement, drainage, signals, and pedestrian facilities. The Engineering Department prepared formal bid packages for this project and received eight (8) bids from licensed contractors on July 25, 2024. A public bid opening was held at the John W. Byrne Municipal Building, where each bid was publicly opened and read aloud. State Contracting Inc. was the low bidder in the amount of $591,052.60. The project is expected to take 360 days and will be completed by Fall 2025. Town staff recommends awarding a contract for the project to State Contracting Inc. for $591,052.60 and authorizing the Town Manager to execute the contract on behalf of the Town, subject to the Town Attorney’s review as to form. This project is part of the 2021 Transportation Bond Projects. Bond funding is expected to be issued by September 2024. At this time, the Town is appropriating Capital Project fund balance with the intent to reimburse this project's cost of $1.0 million from bond proceeds. The Town needs to give notice to proceed before bonds will be issued. This amendment will adjust the total budget for this project to $1.0 million, which includes the project's design and construction costs. Since project improvements will be able to utilize the existing signalization mast arms, there has been a construction cost saving for this project. Discussion – Mayor Massengill asked when designing these intersections, are they based on traffic counts and professional engineers on which way turn lanes go and how many turn lanes. Engineering Director Matt Poling stated that they have computer models that simulate the traffic. Mayor Massengill asked if the two left turn lanes were due to more traffic turning left then right. Engineering Director Poling stated that was correct for the turning lanes. Mayor Massengill asked if the coordinated signal system timing that is going on now will tie in with the overall traffic optimization project that is going on across town now. Engineering Director Poling stated that it would tie in with the overall traffic optimization project. Mayor Massengill asked if the radius when making a right turn on James Slaughter Road would be improved with this project. Engineering Director Poling stated that was correct and the radius would be improved. Mayor Massengill stated that the project would be completed in 2025 but asked when the project would begin. Engineering Director Poling stated that bids were completed last month, and mobilization and construction should begin in the next month or two. Mayor Massengill stated that this project will have a sidewalk on both sides joining the neighborhood. Engineering Director Poling stated that was correct. Recommendation – Approve POA-25-05 for $700,000 and award a contract to State Contracting Inc. in the amount of $591,052.60 and authorize the Town Manager to  execute the contract on behalf of the Town for the James Slaughter Road and NC Hwy 55 Intersection Improvements Project, subject to the Town Attorney’s review as to form. Ordinance No. N-24-30 MOTION: Mayor Pro-Tem Gardner SECOND: Commissioner Harris MOTION RESULTS: Passed Unanimously (5-0) 10B Interlocal Agreement -Town of Fuquay-Varina and Town of Holly Springs - Alston Ridge Greenway Trail Project Purpose – To consider approval of the Interlocal Agreement between the Town of Fuquay-Varina and the Town of Holly Springs for the construction, maintenance, and ownership of the Alston Ridge Greenway. Staff Comments – Engineering Director Matt Poling 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 Alston Ridge Greenway Trail project involves constructing a 2,400 linear feet, 10- foot wide paved/boardwalk greenway trail. This greenway will connect the existing greenway on the east side of NC-55 in the Alston Ridge Subdivision to the Bass Lake Greenway Trail to the north. This greenway project will connect the Town of Fuquay- Varina and the Town of Holly Springs. The Town of Holly Springs approved this ILA during their July 16, 2024, Town Board meeting. Funding for the project is supported by the Locally Administered Project Program (LAPP) grant from the Capital Area Metropolitan Planning Organization (CAMPO), which will fund 60% of the total project cost of $1,549,000, equating to $929,000. The Town of Fuquay-Varina will contribute $620,000 to the project. The design phase is underway, with construction anticipated to start in spring 2025 and completion expected by spring 2026. This Interlocal Agreement (ILA) is made between the Town of Holly Springs and the Town of Fuquay-Varina to construct, maintain, and own the Alston Ridge Greenway, connecting their respective greenways: the Basal Creek Greenway in Fuquay-Varina and the Carl Dean Greenway in Holly Springs. Fuquay-Varina will oversee the complete design and construction of the greenway, including all necessary functions to ensure a complete and fully functional greenway. The greenway will meet all applicable standards and regulatory requirements of both towns. Fuquay-Varina will bear all costs associated with the design and construction of the greenway. Holly Springs will grant Fuquay-Varina site access for the construction of the Holly Springs portion of the greenway. Fuquay-Varina will acquire all necessary rights of way and easements for the construction, with both towns cooperating in condemnation proceedings. Each town will own and maintain its respective portion of the greenway, ensuring it remains operationally safe, beneficial to the public, and aesthetically pleasing. Fuquay-Varina will hold Holly Springs harmless during the construction phase and indemnify Holly Springs against any losses or damages caused by the construction activities. Fuquay-Varina is responsible for ensuring all regulatory approvals are in place before construction begins. This agreement will be effective upon execution by the authorized representatives of both towns and will be governed by the laws of North Carolina. The construction and completion of the Alston Ridge Greenway are aligned with the Comprehensive Transportation Plans (CTP) and Greenways Master Plans of both towns, providing additional recreational resources for their citizens. There are no fiscal implications associated with the execution of this Interlocal Agreement. The total project cost is estimated at $1.55 million, with 60% funded by a CAMPO LAPP grant ($929,000) and $620,000 contributed by the Town of Fuquay- Varina. Fuquay-Varina will bear all costs associated with the design and construction of the greenway. Holly Springs will grant Fuquay-Varina site access for the construction of the Holly Springs portion of the greenway. Fuquay-Varina will acquire all necessary rights of way and easements for the construction, with both towns cooperating in condemnation proceedings. The Town of Fuquay-Varina and the Town of Holly Springs will be responsible for operation and management costs associated with their property portion of the greenway once completed. Discussion – Commissioner Adcock asked where Basel Creek Greenway and Alston Ridge Greenway stops, and the other one begins. Engineering Director Poling stated that the new portion was the Alston Ridge Greenway and then the Basel Creek Greenway is the current one in the Alston Ridge Subdivision and will probably get renamed. Commissioner Adcock suggested that the portions in the Fuquay-Varina jurisdiction have the same name. Recommendation – Approve the Interlocal Agreement between the Town of Fuquay- Varina and the Town of Holly Springs as presented and recommended and authorize the Town Manager to execute the agreement, subject to Town Attorney review as to form. MOTION: Commissioner Adcock SECOND: Mayor Pro-Tem Gardner MOTION RESULTS: Passed Unanimously (5-0) OTHER BUSINESS 11A Manager’s Report Town Manager Adam Mitchell gave the additional following updates: o Parks and Recreation – The Parks and Recreation Department fall youth sports participation increased by 9% from last fall with 4,156 registrants. When adding the wait listed to the participation it would have grown nearly 13%. The department is pursuing accreditation through the National Parks and Recreation Association. The review will take place in 2026, and the hearing will take place at the NRPA conference in 2026, and Fuquay-Varina expects to become the 15th accredited parks and recreation agency by the State of North Carolina. o Public Works – The fiscal year 2025 replacement sanitation truck is in and being branded. The truck will be in service within the next two weeks. The Street Department has had several employees achieve Road Scholar status and will be recognized at an upcoming Town Board meeting. The Streets and Debris Department are very busy with storm debris and down trees from Saturday’s severe storm, and they are preparing for tropical storm Debby later this week. o Arts Center – The 2024-25 theater season ticket sales will be available in the next two weeks for purchase. Summer classes and camps are wrapping up. The community theater has begun rehearsals for Cinderella. The Nutcracker auditions will take place on September 7th. o Fire Department – The Fire Department insurance rating inspection has been set for Monday, October 7th and they hope to improve the current ratings both in town and rural districts. The Fire Department worked with the Department of Insurance to delay the inspection until Fire Station 4 was completed so they could take advantage of calls for service and response times in those calculations for the inspection. The department is currently recruiting to fill one vacant firefighter position. The four new fire engineers interior cab drawings were approved last week. The Fire Department had a busy weekend responding to storm damage and  down trees around town. They are preparing for impacts from tropical storm Debby later this week. o Police Department – The Police Department was also busy managing block streets and accidents associated with the weekend storm. Acting Police Chief Tim Smith has been appointed permanent to Police Chief. Alex Decker has progressed through the career ladder to Corporal and Kyle Fondow has progressed through the career ladder to Police Officer II. National Night Out has been postponed due to forecast of rainy conditions. There will be a meet and greet for Police Chief Smith on Monday, August 12th floating from 5:00 – 7:30 pm at the Arts Center. o Finance Department – The Finance Department remains busy with end of year closeout procedures. Town Manager Mitchell recognized JoAnne Crabtree, Nicole Stevens and Katie Lumb for being instrumental in the recent sale of $70 million in revenue bonds for utility infrastructure investments and the upcoming sale of $10 million in transportation general obligation bonds for the many transportation improvements. o Planning Department – The Planning Department has been busy working on the proposed Land Development Ordinance amendments that are necessary to support the draft Community Transportation Plan which will come to the Town Board in October. o Engineering – The Engineering Department is staying busy with roadway projects. There are 6 projects under construction or about to start construction and three pedestrian projects under construction. o Economic Development – The Downtown Generational Plan is scheduled to be presented to the Town Board at the next Town Board meeting in August and then it will be put on Let’s Talk FV for 30 days. 11.B Quarterly Report - 4th Quarter FY 2024 11.C National Night Out Against Crime - Fuquay-Varina Police Department - Tuesday August 6, 2024 - 4:00 - 8:00 pm 11.D Community Meet and Greet - Police Chief Tim Smith - Fuquay-Varina Arts Center - Monday August 12, 2024 - 5:00 - 7:30 pm 11.E Police Department - Junior Police Academy Camp - August 12-16, 2024 11.F Police Department - Junior Forensic Camp - Wednesday August 21, 2024 - 9:00 am - 4:00 pm BOARD MEMBER COMMENTS Commissioner Harris thanked first responders for responding so quickly this past weekend due to the storms. Commissioner Adcock stated that he has been using the Smart Sheet Program which is a project tracking database and was able to help a citizen who had concerns regarding an intersection on Judd Parkway. Commissioner Wunsch thanked first responders also for responding quickly during the storms and for Town Manager Mitchell keeping the Town Board informed regarding the storm plus prayers for everyone’s safety with the upcoming tropical storm. He reported that Justin Dowell a resident of Fuquay-Varina made it to the finals in the Olympics in the BMX freestyle and Perris Benegas won the silver medal in BMX event in the Olympics. Commissioner Haynes stated he was excited with the continued work to increase walkability with the sidewalk projects. He thanked the Sanitation, Debris and Police Department for the work they did to help the seniors over the last few weeks. He reported that there will be a backpack school giveaway this Saturday, August 10th at St. Augusta Church from 11:00 – 1:00 pm sponsored by the Police Department. The backpack giveaway was rescheduled to Friday, August 16th from 5:30-7:30 pm due to tropical storm Debby. Mayor Pro-Tem Gardner had no comments. Mayor Massengill stated that himself, retired Police Chief Laura Fahnestock, Commissioner Charlie Adcock, Town Manager Adam Mitchell, Representative Erin Paré, and members of the DMV met at the Fuquay-Varina DMV office and learned that there is such good service at this DMV that people are coming from all over the state and other parts of the county which is compounding the problem. He reported that there were a lot of good ideas that were discussed and hopefully some improvements will happen at the Fuquay-Varina DMV office. He stated that the Ice Cream Social was a success and thanked Parks and Recreation, Police, Fire and Street Departments for helping with the event. He also thanked Public Works Department for all their hard work cutting up trees from this past weekend storms and Police and Fire for their help also. He stated that with this tropical storm coming this week his thoughts and prayers are with each employee that will be out in the tropical storm and for their safety during the tropical storm. The following are Mayor Massengill’s past and future events: Past Events 7/9 – FVDA Board Meeting 7/10 – Chamber Business Exchange 7/12 – NC Metro Mayors Meeting 7/13 – Police Department Fund Raiser – Cornhole Tournament 7/16 – Chamber Ribbon Cutting – El Lobo 10 year anniversary 7/17 - Chamber Board Meeting 7/17 – Library Commission Meeting 7/17 – CAMPO Meeting 7/18 – Chamber Business Afterhours 7/19 – NC Metro Mayors Meeting 8/1 – NC Metro Mayors Meeting Upcoming Events 8/6 - Annual FV Local Heroes Breakfast 8/6 – National Night Out 8/7 – Chamber Ribbon Cutting – Library Steakhouse 8/9 - NC Metro Mayors Meeting 8/12 – Community Meet and Greet – Chief Tim Smith 8/13 – FVDA Board Meeting 8/14 – Chamber Business Exchange Breakfast 8/14 – CAMPO Executive Meeting 8/15 – FVEDC Board Meeting 8/16 - NC Metro Mayors Meeting 8/17 – Indian Independence Day Celebration 8/19 – Wake County Mayors Association Meeting ADJOURNMENT A motion was made to adjourn the meeting at 8:53 p.m. MOTION: Commissioner Wunsch SECOND: Mayor Pro-Tem Gardner MOTION RESULT: Passed Unanimously (5-0) The minutes from the August 5, 2024, Town Board of Commissioners regularly scheduled meeting are adopted this 20th day of August in the year 2024 in Fuquay-Varina, North Carolina. FUQUAY-VARINA, NORTH CAROLINA J. Blake Massengill, Mayor ATTEST (TOWN SEAL) Teresa Wilder, Town Clerk