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Board of Commissioners

Regular Meeting

Fuquay-Varina, NC · September 3, 2024

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Minutes

Fuquay-Varina Town Board Meeting Minutes Book - Page Fuquay-Varina Town Board Meeting September 3 2024 J. Blake Massengill, Mayor Marilyn Gardner, Mayor Pro-Tem The Regular Meeting of the Fuquay-Varina Town Board William H. Harris, Commissioner Bryan Haynes, Commissioner scheduled for Tuesday, September 3, 2024, at 7:00 p.m. Charlie Adcock, Commissioner Jason Wunsch - Commissioner was held at the Fuquay-Varina Town Hall, 134 N Main Adam G. Mitchell, Town Manager Street, Fuquay-Varina, NC. Mark D. Matthews, Assistant Town Manager 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 (arrived at 7:40 pm), Assistant Town Manager Jim Seymour, Town Attorney James Adcock, Town Clerk Teresa Wilder, IT Director Scott Clark, and various other department directors. CALL TO ORDER Mayor Massengill called the meeting to order at 7:01 pm. INVOCATION AND PLEDGE Commissioner Bryan Haynes provided the invocation, and Planning Director Pam Davison 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 September 3, 2024 Town Board of Commissioners Regular Scheduled Meeting. MOTION: Mayor Pro-Tem Gardner SECOND: Commissioner Haynes MOTION RESULTS: Passed Unanimously (5-0) PRESENTATIONS 4A There were no presentations for the September 3, 2024, Town Board meeting. PUBLIC COMMENTS 5A No one chose to speak during public comments. ITEMS PREVIOUSLY TABLED 6A There were no items previously tabled for the September 3, 2024, Town Board meeting. PUBLIC HEARINGS 7A Voluntary Annexation Petition - JPC Holdings, LLC, 5727, 5733, 5803 Hilltop Road - PINs 0687293420, 0687292136, & 0687280920 - ANX-2024-10 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 5727, 5733, 5803 Hilltop Road owned by JPC Holdings, LLC, PINs 0687293420, 0687292136, & 0687280920, containing approximately 15.09 acres, and to approve the related Annexation Agreement. 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 properties are contiguous to the Town's corporate limits, containing 15.09 acres. Town water is available; however, sewer is unavailable to serve the property and is exempted through the Annexation Agreement. A fire flow test resulted in an adequate fire flow of 1,706 gallons per minute. The property functions as a commercial use so Town sanitation and recycling services are not applicable. At the August 20, 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 September 3, 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 being annexed is $1,673,202. Public Hearing – The public hearing was opened. Wyatt Booth, 301 Fayetteville Street, Raleigh, NC spoke in favor to the voluntary annexation petition. No one spoke in opposition of the voluntary annexation petition. Discussion – Commissioner Wunsch stated that this was a beautiful facility and amazing addition to the Town. Mayor Massengill stated that he appreciates their investment here in Fuquay-Varina and is excited for the grand opening. Recommendation – Adopt the annexation ordinance to extend the corporate limits of the Town of Fuquay-Varina to include property owned by JPC Holdings, LLC (ANX-2024-10) and to approve the Declaration of Annexation Agreement as presented and recommended. Ordinance No. 24-37 MOTION: Commissioner Wunsch SECOND: Commissioner Adcock MOTION RESULTS: Passed Unanimously (5-0) 7B Zoning Map Amendment - MPV Properties, LLC - 801 Old Honeycutt Road & a portion of 904 Old Honeycutt Road - PIN 0666881004, and a portion of 0666878695 - REZ-2023-08 - (Davison) - ITEM TO BE TABLED Purpose – To table consideration of a request to remove a 2.13 acre portion of 904 Old Honeycutt Road (PIN 0666878695) from the existing Willow Creek PUD, and a requested zoning map amendment for a total of 41.54 acres, located at 801 Old Honeycutt Road & a portion of 904 Old Honeycutt Road from the Residential Agricultural (RA) Zoning District and the Planned Unit Development (PUD) Zoning District to the Commercial Mixed Use (CMU) Zoning District. Staff Comments – Planning Director Pam Davison entered the agenda abstract and supporting documents for this agenda item into the official record of the Town. A Development Agreement has been submitted to the Town which clarifies obligations of the Town and the Developer and defines the nonresidential development prioritization. The Development Agreement will be presented to the Town Board during a Public Hearing along with the rezoning request. A Development Agreement for this project has been submitted to the Town for consideration. This agreement clarifies the obligations of the Town and the Developer and defines the project's nonresidential development prioritization. The Development Agreement and the rezoning request will be presented to the Town Board during a Public Hearing. At the August 19, 2024, regular meeting, the Planning Board discussed the potential for additional offsite pedestrian safety measures on Lakestone Commons Avenue following comments from the public. The Planning Board unanimously recommended approval with the condition that the petitioner research the potential for added offsite pedestrian safety measures. The petitioner has requested to table consideration of the rezoning and development agreement to the October 7, 2024, Town Board meeting to further research offsite pedestrian safety measures and continue discussing the associated development agreement with Town Management Statutes. The present total value of the properties being annexed is $1,673,202. Public Hearing – The public hearing was opened and continued to the October 7, 2024 Town Board meeting. Discussion – There was no discussion from members of the Town Board regarding this matter. Recommendation – Continue the public hearing and table consideration of REZ-2023-08, a zoning map amendment at 801 Old Honeycutt Road and a portion of 904 Old Honeycutt Road, from the Residential Agricultural (RA) Zoning District to the Commercial Mixed Use (CMU) Zoning District, to the October 7, 2024, Town Board Meeting, per the request of the applicant. MOTION: Commissioner Adcock SECOND: Commissioner Haynes MOTION RESULTS: Passed Unanimously (5-0) 7C Developer Agreement - Academy Village Mixed-Use Development – (Davison) - ITEM TO BE TABLED Purpose – To table consideration of a request for a development agreement between the Town of Fuquay-Varina and MVP Properties, LLC for the construction of Academy Village Mixed-Use Development. Staff Comments – Planning Director Pam Davison entered the agenda abstract and supporting documents for this agenda item into the official record of the Town. To facilitate continued discussion on the terms of the development agreement, the petitioner requested to table consideration of the agreement to the October 7, 2024, Town Board meeting. Public Hearing – The public hearing was opened and continued to the October 7, 2024 Town Board meeting. Discussion – There was no discussion from members of the Town Board regarding this matter. Recommendation – Continue the public hearing and table consideration of the Academy Village Mixed-Use Development - Development Agreement between the Town of Fuquay-Varina and MVP Properties, LLC to the October 7, 2024, Town Board Meeting, per the request of the applicant. MOTION: Mayor Pro-Tem Gardner SECOND: Commissioner Harris MOTION RESULTS: Passed Unanimously (5-0) 7D Voluntary Annexation Petition - Adcock Trust Agreement, LLC, 801 Old Honeycutt Road - PIN 0666881004 - ANX-2023-10 - (Davison) - ITEM TO BE TABLED Purpose – To table consideration of 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 801 Old Honeycutt Road owned by Adcock Trust Agreement, LLC, PIN 0666881004, containing approximately 39.4047 acres. Staff Comments – Planning Director Pam Davison entered the agenda abstract and supporting documents for this agenda item into the official record of the Town. At the August 20, 2024, meeting, the Town Board instructed the Town Clerk to investigate the sufficiency of the applicant's petition for voluntary annexation. The Town Clerk certified at that time the petition was sufficient and met the requirements prescribed by the North Carolina General Statutes. The Town Board also adopted a resolution setting a public hearing for the September 3, 2024, Town Board meeting. Prior to the September 3rd meeting, the petitioner requested to table consideration of the annexation to the October 7, 2024 Town Board meeting in order for the annexation to run concurrently with consideration of the zoning map amendment and development agreement. Public Hearing – The public hearing was opened and continued to the October 7, 2024 Town Board meeting. Discussion – There was no discussion from members of the Town Board regarding this matter. Recommendation – Continue the public hearing and table consideration of ANX-2023-10, an annexation ordinance to extend the corporate limits of the Town of Fuquay-Varina to include property owned by Adcock Trust Agreement, LLC, to the October 7, 2024, Town Board Meeting, per the request of the applicant. MOTION: Commissioner Haynes SECOND: Commissioner Wunsch MOTION RESULTS: Passed Unanimously (5-0) 7E Zoning Map Amendment - D.R. Horton, Inc. - 0, 0, 801, 809, 813, 817, 825, 829, & 833 Wilbon Rd - PINs 0657428127, 0657427014, 0657429148, 0657426197, 0657514351, 0657425182, 0657413090, 0657421154, & 0657329194 - REZ-2023-05 - (Davison) - ITEM TO BE TABLED Purpose – To table consideration of a requested zoning map amendment for a total of 87.14 acres, located at 0, 0, 801, 809, 813, 817, 825, 829, & 833 Wilbon Road, from the Residential Agricultural (RA) Zoning District to the Commercial Mixed Use (CMU) Zoning District. Staff Comments – Planning Director Pam Davison entered the agenda abstract and supporting documents for this agenda item into the official record of the Town. It is recommended that mixed-use developments consider establishing a plan for project phasing through a development agreement to ensure the nonresidential portions of a mixed-use development project are constructed before or concurrently with the residential portions of the development. Staff advised that a mutually agreed upon phasing plan established through a draft development agreement would need to be presented to the Town Board for review in conjunction with the rezoning request for staff to support the request. At the June 17, 2024, Planning Board meeting, the petitioner requested consideration of the zoning petition be tabled to the July 15, 2024, Planning Board meeting. At the July 15, 2024, Planning Board meeting, the petitioner requested consideration of the zoning petition be tabled to the August 19, 2024, Planning Board meeting. Because a developer agreement had not been negotiated before the August 19, 2024, Planning Board meeting, staff recommended denial of the rezoning request. At the August 19, 2024, regular meeting, there was Planning Board discussion on whether the lack of a commercial prioritization plan should impact the Planning Board's decision when the master plan presented met the LDO standards and LUP goals. Because a development agreement is presented directly to the Town Board for consideration, the Planning Board determined that the lack of a mutually agreeable development agreement was not grounds for them to recommend denial. The Planning Board voted unanimously to recommend approval but advised the petitioner to continue working with staff on the commercial prioritization before the Town Board public hearing. The petitioner has requested that the rezoning be tabled to the October 7, 2024, Town Board meeting so they can continue to work with Town staff to reach terms via a development agreement on the nonresidential prioritization. Public Hearing – The public hearing was opened and continued to the October 7, 2024 Town Board meeting. Discussion – There was no discussion from members of the Town Board regarding this matter. Recommendation – Continue the public hearing and table consideration of a zoning map amendment for 0, 0, 801, 809, 813, 817, 825, 829, & 833 Wilbon Rd, from the Residential Agricultural (RA) Zoning District to the Commercial Mixed Use (CMU) Zoning District to the October 7, 2024, Town Board meeting, per the request of the applicant. MOTION: Commissioner Wunsch SECOND: Commissioner Adcock MOTION RESULTS: Passed Unanimously (5-0) 7F Zoning Map Amendment - Wayne Mauldin, Mauldin-Watkins Surveying, PA - 802 Wake Chapel Road - PIN 0657919129 - REZ-2024-09 Purpose – To consider a requested zoning map amendment for a total of 0.077 acres, located at 802 Wake Chapel Road, from the Office & Institutional (O&I) Zoning District to the Town Center Residential (TCR) Zoning District. Staff Comments – Planning Director Pam Davison entered the agenda abstract and supporting documents for this agenda item into the official record of the Town. She then provided general information about the agenda item and made the following remarks. The subject property totals 0.077 acres and is located in the Town's corporate limits. It is currently vacant and generally wooded. The zoning map amendment petition requests approval of the Town Center Residential (TCR) Zoning District, which is intended to provide for residential development of varying types to support the downtown center districts and is generally applicable only within the Judd Parkway loop. The TCR Zoning District requires submittal of a master plan; however, proposed developments totaling four (4) lots or fewer are permitted to submit a plot plan in lieu of the required master plan. This zoning map amendment requests one (1) lot, and as such, a plot plan has been submitted. As the plot plan illustrates, the proposal is to develop one (1) single family home. The petitioner has requested the following site-specific conditions be made applicable to the subject property: 1) Front facing garages shall have decorative details such as carriage-style adornments, windows, and/or barn-style doors. 2) Vinyl siding is prohibited, except for windows, decorative elements, and trim. 3) A street tree will be provided in the front yard of the lot. 4) All homes shall have a front door with a minimum of 25% glazing, transom, and/or door sidelights. 5) Lots to be only used for residential purposes. 6) Only a single-family structure will be allowed. 7) All homes will include architectural shingles in a color that compliments the neighborhood. 8) Future modifications and additions to this plot plan are permissible as long as they meet the applicable Town Center Residential developmental standards. Surrounding property is primarily residential of a variety of densities, making up the neighborhoods that begin the transition into downtown. Specifically, the Wake Chapel Manor subdivision is directly to the west across Wake Chapel Road. Furthermore, southwest of the property is Action Park and to the south is Ample Storage. The 2040 Community Vision Land Use Plan (LUP) calls for the Town Center Residential (TCR) classification at the subject property. Land classified as TCR supports a mix of low to moderate- density homes in close proximity to downtown. These neighborhoods offer different choices for residents wanting to live near and experience downtown on a daily basis. The requested zoning map amendment is consistent with the 2040 Community Vision Land Use Plan. This zoning map amendment supports the following LUP policies: LUP 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. LUP Policy 4.1: Manage Future Growth and Development in Accordance with the Priority Infrastructure Investment Areas Map as the subject property falls within the Tier 1-JP: Priority Investment, Inside Judd Parkway. Public water and sewer utilities are available to serve the subject property. The subject property is located on and has access to Wake Chapel Road. Wake Chapel Road is classified by the Town's 2035 Community Transportation Plan (CTP) as a 70-foot right-of-way, two (2)-lane road with sidewalks and a future carrying capacity of 10,500 ADT. Currently as a two (2)- lane road with a center turn lane and no pedestrian accommodations, the carrying capacity is 9,800 ADT. 2015 NCDOT traffic counts taken approximately 0.03 miles north of the subject property indicated a volume of 9,200 ADT. More recent traffic count data is currently unavailable. A neighborhood meeting was held by the petitioner on June 26, 2024, at 139 N Main Street Fuquay-Varina, NC. 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 is complementary to residential uses in the general vicinity. 3) The requested zoning district supports infill development and reinvestment in downtown neighborhoods per the 2040 LUP's policy 2.1: Encourage Infill Development & Redevelopment Inside Town Limits. 4) The requested zoning district supports the creation of a variety of housing types per the 2040 LUP's policy 4.1: Manage Future Growth and Development in Accordance with the Priority Infrastructure Investment Map. At the August 19, 2024, regular meeting, the Planning Board voted unanimously to recommend approval. Public Hearing – The public hearing was opened. Wayne Mauldin, 139 N. Main Street spoke in favor to 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-2024-09, a zoning map amendment at 802 Wake Chapel Road, from the Office & Institutional (O&I) Zoning District to the Town Center Residential (TCR) Zoning District as it 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. Ordinance No. 24-38 MOTION: Mayor Pro-Tem Gardner SECOND: Commissioner Haynes MOTION RESULTS: Passed Unanimously (5-0) 7G Zoning Map Amendment - Wayne Mauldin, Mauldin-Watkins Surveying, PA - 9951 Fayetteville Road - PIN 0688457481 - REZ-2024-10 Purpose – To consider a requested zoning map amendment for a total of 5.09 acres, located at 9951 Fayetteville Road, from the Corridor Commercial (CC) Zoning District to the General Commercial Conditional Zoning District (GC-CZD). Staff Comments – Planning Director Pam Davison entered the agenda abstract and supporting documents for this agenda item into the official record of the Town. She then provided general information about the agenda item and made the following remarks. The subject property totals 5.09 acres and is located in the Town's corporate limits. It is currently vacant and generally wooded. Middle Creek and some associated floodplains run east to west at the southernmost portion of the property. The property is currently zoned Corridor Commercial (CC) Zoning District and falls within the Highway Corridor Overlay (HCO). 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 along arterial roads (freeways, expressways, parkways, and boulevards) and major thoroughfares serving two (2) miles or greater in area. Public utilities are required. The HCO overlay zoning district will remain in place. The petitioner has requested that the following uses be prohibited at the subject property: 1) Night Club 2) Electronic Sweepstakes Gaming Operation 3) Sexually Oriented Business 4) Drive-In Theatre 5) Pawnshop Surrounding property is a mixture of commercial and industrial uses. The 2040 Community Vision Land Use Plan (LUP) calls for the Suburban Commercial (SC) classification at the subject property. Land classified as SC supports 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. The requested zoning map amendment is consistent with the 2040 Community Vision Land Use Plan. This zoning map amendment 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 Public water and sewer utilities are available to serve the subject property. The subject property is located on and has access to Fayetteville Road (US 401). Fayetteville Road (US 401) is classified by the Town's 2035 Community Transportation Plan (CTP) as a 200-foot right- of-way and is identified as being a six (6)-lane, median divided cross-section with side paths and a future carrying capacity of 78,200 ADT. It is currently a four (4)-lane median divided road with a carrying capacity of 52,100 ADT. 2021 NCDOT traffic counts taken in front of the subject property indicated a volume of 27,000 ADT. A neighborhood meeting was held by the petitioner on June 27, 2024, at 139 N Main Street Fuquay-Varina, NC. 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 district provides the opportunity for additional uses and commercial flexibility. 2) The proposed conditions ensure the future use fits into the surrounding development context. 3) The requested zoning map amendment is consistent with the 2040 Community Vision Land Use Plan designation of Suburban Commercial. 4) The requested zoning district supports infill development per the 2040 LUP's policy 2.6: Encourage Commercial Development. 5) The requested zoning district supports the LUP's Policy 6.5: Attract New Retailers. At the August 19, 2024, regular meeting, the Planning Board voted unanimously to recommend approval. Public Hearing – The public hearing was opened. Wayne Mauldin, 139 N. Main Street, spoke in favor to the zoning map amendment. No one spoke in opposition of the to the zoning map amendment. Discussion – There was no discussion from members of the Town Board. Recommendation – Approve REZ-2024-10, a zoning map amendment at 9951 Fayetteville Road, from the Corridor Commercial (CC) Zoning District to the General Commercial Conditional Zoning District (GC-CZD) as it 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. Ordinance No. 24-39 MOTION: Mayor Pro-Tem Gardner SECOND: Commissioner Harris MOTION RESULTS: Passed Unanimously (5-0) CONSENT AGENDA 8A. Utility Allocation Request - Hilltop Bluffs Subdivision - 15 Lots Purpose – To consider a Utility Allocation Request for Hilltop Bluffs Subdivision. Recommendation – Approve the recommended utility allocation request for Hilltop Bluffs Subdivision - (15 Lots) as presented and recommended. 8B. Recreation Unit Fee-In-Lieu - Hilltop Bluffs Subdivision - SUB-PR-2024-03 Purpose – To consider acceptance of a fee-in-lieu for Recreation Unit Fees for the Hilltop Bluffs subdivision in the amount of $39,062.25. Recommendation – Approve the fee-in-lieu request for the Hilltop Bluffs subdivision in the amount of $39,062.25 for Recreation Unit Fees as presented and recommended. 8C. Resolution - Acceptance of Funding Offer for Fuquay-Varina Transmission Main (Sanford Water Filtration Facility Conveyance Line) - State Reserve 2023 Appropriations Act (S.L. 2023-134) Purpose – To consider a resolution accepting a direct project appropriation grant for the Town of Fuquay-Varina's portion of the Sanford Water Filtration Facility Conveyance Line project. During the preparation of the 2023 State Budget, NC Representative Erin Pare secured grant funding in the amount of $28,171,000 to assist in the Town's funding portion of the Sanford project Recommendation – Adopt the State Reserve 2023 Appropriations Act (S.L. 2023-134) funding acceptance resolution as presented Resolution No. 24-1894 8D. Special Event Application and Amplified Sound Permit Request - Fuquay-Varina Ghost Tours - October 2024 Purpose – To consider Sisterhood of Spirits LLC requests approval of a special event application, parade permit application, and amplified sound permit request for the Fuquay-Varina Ghost Tours to be held throughout downtown Fuquay-Varina in the Fuquay district on October 4-6, 11-13, and 25-27, 2024. Recommendation – Approve the special event application, parade permit application, and amplified sound permit request for the Fuquay-Varina Ghost Tours to be held throughout downtown Fuquay-Varina in the Fuquay district, as presented and recommended. 8E. Special Event Application and Amplified Sound Permit Request - Art After Dark - Friday, September 13, 2024 Purpose – To consider the approval of a special event permit application and amplified sound permit request for the Art After Dark event scheduled for Friday, September 13, 2024, as presented and recommended. Recommendation – Approve the special event application and amplified sound permit request for the Art After Dark event scheduled for Friday, September 13, 2024, as presented and recommended. 8F. Facade Improvement Grant Request - Lucci Blue's Social Cafe & Wine Bar - 209 Fayetteville Street Purpose – To consider approval of a facade improvement grant funding request and application submitted by the business owners of Lucci Blue's Social Cafe (cafe/wine bar) to be located at 209 Fayetteville Street, in an amount up to $5,000. Recommendation – Approve the façade improvement grant funding request and application submitted by the business owners of Lucci Blue's Social Cafe located at 209 Fayetteville Street, in an amount up to $5,000 as presented and recommended. 8G. Facade Improvement Grant Request - Lucci Blue's Social Cafe Yoga and Paint Studio - 211 Fayetteville Street Purpose – To consider approval of a facade improvement grant funding request and application submitted by the business owners of Lucci Blue's Social Cafe Yoga and Paint Studio to be located at 211 Fayetteville Street, in an amount up to $5,000. Recommendation – Approve the façade improvement grant funding request submitted by the business owners of Lucci Blue's Social Cafe located at 211 Fayetteville Street, in an amount up to $5,000 as presented and recommended. 8H. Budget Amendment - Recognizing Insurance Proceeds - Parks, Recreation and Cultural Resources - $5,250 - BA-25-04 Purpose – To consider a budget amendment that recognizes insurance proceeds from the NC League of Municipalities Interlocal Risk Financing Fund for repairs to park facilities. Recommendation – Approve Budget Amendment BA-25-04 as presented and recommended. A motion was made to approve all Consent Agenda Items 8A- 8H. MOTION Commissioner Wunsch SECOND: Commissioner Adcock 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 Preliminary Subdivision Plat – Hilltop Bluffs Subdivision - SUB-PR-2024-03 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 a preliminary subdivision plat submitted by Curry Engineering, PLLC for the Hilltop Bluffs subdivision located at 2400 Herbert Akins Road. Staff Comments – Planning Director Pam Davison entered the agenda abstract and supporting documents for this agenda item into the official record of the Town. She then provided information about the agenda item by making the following remarks. The submitted preliminary subdivision, Hilltop Bluffs is located at 2400 Herbert Akins Road, on 9.34 acres in the Residential Medium Density Zoning Density. The preliminary subdivision plat proposes 15 single-family lots. The minimum lot size permitted is 10,000 square feet. The minimum lot size provided is 10,222 square feet with the average lot size being 14,357 square feet. Although no open space is required, the subdivision is proposing 3.30 acres of open space that will include a private sidewalk connection from the end of the cul- de-sac to Herbert Akins Road. Vehicular access to the project area will be provided via Herbert Akins Road. On the north side of the parcel, Herbert Akins Road is classified as a 110' right-of-way, 4-lane median divided roadway with sidepaths on both sides. It is currently a 2-lane median divided road with no pedestrian accommodations. On the west side of the parcel, Herbert Akins Road is classified as 70' right-of- way, 2-lane road with sidewalks on both sides. It is currently a 2-lane road with sidewalks on the western side. Herbert Akins Road has a carrying capacity of 1,300 annual average daily trips (AADT). This subdivision qualifies as an Infill Subdivision per Section 9-1608 of the LDO and as such, shall only be required to dedicate right-of-way per the Community Transportation Plan (CTP). Public water and sewer are available to serve the property. The proposed preliminary subdivision plat meets all Town requirements. Management and staff recommend approval. Discussion – There was no discussion from members of the Town Board regarding this matter. Recommendation – Recommend approval of the Hilltop Bluffs Subdivision plat SUB-PR-2024-03, as presented and recommended. MOTION: Commissioner Haynes SECOND: Commissioner Wunsch MOTION RESULTS: Passed Unanimously (5-0) OTHER BUSINESS 11A Manager’s Report Town Manager Adam Mitchell gave the additional following updates: o Human Resources Department– The Human Resources Department is getting ready to begin the annual employee performance appraisal process. o Communication Department – The Communication Department submitted, and the Town has been nominated for three 3CMA communication awards and should hear back by the end of the week the results. o Public Utilities Department – The Public Utilities Department has hired Megan Jones as the new Public Utilities Engineer, and she will start on September 23 rd. o Engineering Department – The Engineering Department has received construction authorization from the Federal Highway Administration for both the Southeast Judd Parkway and Jones Street Sidewalk Project. o Economic Development Department – The Downtown Generation Master Plan is available on Let’s Talk FV for community feedback until September 23rd. The Town will also be seeking public input at the FM2FV concerts. o Planning Department – The Planning Department has been working on a comprehensive amendment to the land development ordinance and will be coming to a future Town Boad. o Police Department – The Police Department has recently promoted Grayland Starling through the career ladder to Master Officer. o Parks & Recreation Department – The Teen Council has kicked off their new year with 58 members in attendance at the first meeting and 70 members in total. o Arts Center – The Arts Center fall classes are in full swing, and the Nutcracker auditions will be held this weekend. The Fall Season Booklet was passed out with all the performances this fall. o Public Works – The Public Works Department will kick off their loose leaf season on October 14 thru January 31st. The department in conjunction with the IT Department has created a new address lookup tool to assist citizens in finding their trash and recycle pickup days. The department has hired Greg Kellogg as Street Maintenance Worker. o Fire Department – The Fire Department has a few spots left for their Citizen Fire Academy. Town Manager Mitchell reported that Station No. 4 came in under budget by approximately $180,000. The Wake Count EMS is adding their 2nd EMS truck to Fire Station No. 4. o Town Manager Mitchell attended the Central Pines Council of Government meeting last week and the COG intends to start the process of updating the regional plan for the triangle region which has not been updated in 55 years. o Town Manager Mitchell and Engineering Director Matt Poling along with Town of Holly Springs, Town of Wake Forest, Town of Garner, NCDOT and CAMPO met to discuss how everyone may better collaboratively work together to get projects reviewed and through a review cycle faster so that they may get to construction faster. Commissioner Harris asked if the Town contracts with a grant writer or have someone in house. Town Manager Mitchell stated that the Town does both. o Town Manager Mitchell recognized Katie Lumb who prepared the budget book for the fiscal year 25 budget, which is a comprehensive look at the budget, the five year plan, strategic plan and how all of it works together. The book has been submitted to the Government Finance Officers Association for consideration of an award. He thanked Katie and the Finance department for the excellent job. 11.B Coffee with a Cop - Chick-fil-A - 1460 N. Main Street - Wednesday September 4, 2024 - 9:00 am - 10:30 am 11.C FM2FV Concert - Band of Oz - Thursday September 5, 2024 - 6:30 pm - 9:30 pm - Centennial Square 11.D Food Truck Rodeo - Sunday September 8, 2024 - 12:00 - 4:00 pm - Centennial Square 11.E National Night Out Against Crime - Fuquay-Varina Police Department - Tuesday September 10, 2024 - 4:00 - 8:00 pm 11.F 9/11 National Day of Remembrance - Wednesday September 11, 2024 - 8:30 am - Fire Station No. 4 11.G FM2FV Concert - North Tower - Thursday September 12, 2024 - 6:30 pm - 9:30 pm - Centennial Square 11.H Blood Drive - Police Department and Fire Department - Battle of the Badges - Friday, September 20, 2024 - 12:00 - 5:00 pm - Hilltop Needmore Clubhouse - 4621 Shady Greens Drive 11.I International Cultural Festival - Presented by the Cultural Arts Society of Fuquay-Varina - Fuquay-Varina Arts Center - Saturday September 21, 2024 - 10:00 - 4:00 pm BOARD MEMBER COMMENTS Commissioner Harris stated that the collaborative effort with the Central Pines Council of Government in updating the regional plan is a step in the right direction as the Town looks at the future and secure support around infrastructure planning. Commissioner Adcock had no comments. Commissioner Wunsch stated that he was excited for all the events that will be coming up. He is looking forward to the Ghost Tour and the organizer of the tour have written a book. Commissioner Haynes stated he is excited for the Teen Council and that he is working with them for a mock Town Board meeting. He reported that this Saturday is the last Saturday for the Growers Market and that FV Leadership will have their community project of selling BBQ to support the emergency food pantry at the Growers Market. Mayor Pro-Tem Gardner stated that on August 22nd she represented the Town of Fuquay-Varina at the Women’s Equality Day in Raleigh. She also attended the Chamber ribbon cutting for Arosa Home Healthcare. She thanked Arts Center Director Maureen Daly for the hard work put into the Arts Center booklet that has the fall events at the Arts Center. Mayor Massengill wished her a Happy Birthday. She stated that it was a big birthday 75th birthday and that she also got engaged on her birthday. Mayor Massengill thanked Arts Center Director Maureen Daly for her hard work in putting together the Arts Center booklet. He reported that the transportation bonds will be sold in October, and the Town continues to have a AAA bond rating. He stated that at the FM2FV concerts there will be a variety of different food trucks at each concert for everyone. He encouraged everyone to stay in touch with the Town’s website and that there will be plenty to do here in Fuquay-Varina with all the different events. The following are Mayor Massengill’s past and future events: Past Events 8/21 – Chamber Board Meeting 8/21 – CAMPO Executive Board Meeting 8/22 – Chamber Business After Hours 8/23 – NC Metro Mayors Meeting 8/27 – Downtown Business Owners Meetup 8/28 – Chamber Ribbon Cutting – Arosa Senior Care 8/30 – NC Metro Mayors Meeting Upcoming Events 9/4 – FV Leadership Panel 9/5 – FM2FV Concert 9/6 – Chamber Ribbon Cutting – OSI 9/8 – Food Truck Rodeo 9/10 – FVDA Board Meeting 9/10 – National Night Out – FVPD 9/11 – Chamber Business Exchange 9/11 – 9/11 National Day of Remembrance 9/12-- Interview with 3rd Grade Students – FVES 9/12 – FM2FV Concert 9/13 – Chamber Educational Council 9/16 – Chamber Ribbon Cutting - 20th Anniversary Cultural Arts Society of FV 9/16 – Wake County Mayors Association Meeting ADJOURNMENT A motion was made to adjourn the meeting at 7:47 p.m. MOTION: Commissioner Wunsch SECOND: Mayor Pro-Tem Gardner MOTION RESULT: Passed Unanimously (5-0) The minutes from the September 3, 2024, Town Board of Commissioners regularly scheduled meeting are adopted this 17th day of September in the year 2024 in Fuquay-Varina, North Carolina. FUQUAY-VARINA, NORTH CAROLINA J. Blake Massengill, Mayor ATTEST (TOWN SEAL) Teresa Wilder, Town Clerk

Agenda

Board Meeting Agenda Tuesday, September 03, 2024 7:00 PM Location: Town Hall Board Room Mobile phones are to be turned off or placed on silent/vibrate during the meeting. Please exit the Commission Chambers before using your mobile phone. The agenda is prepared and distributed on Friday preceding the meeting to the Commission and news media. 1. Call to Order 2. Invocation and Pledge of Allegiance 3. Approval of Minutes 3.A Approval of Minutes - August 20, 2024 Town Board of Commissioners Regular Scheduled Meeting 4. Presentations 5. Public Comment The public is invited to address the Town Board. 6. Items Tabled From Previous Meeting 7. Public Hearing 7.A Voluntary Annexation Petition - JPC Holdings, LLC, 5727, 5733, 5803 Hilltop Road - PINs 0687293420, 0687292136, & 0687280920 - ANX-2024-10 (Davison) 7.B Zoning Map Amendment - MPV Properties, LLC - 801 Old Honeycutt Road & a portion of 904 Old Honeycutt Road - PIN 0666881004, and a portion of 0666878695 - REZ-2023-08 - (Davison) - ITEM TO BE TABLED 7.C Developer Agreement - Academy Village Mixed-Use Development – (Davison) - ITEM TO BE TABLED 7.D Voluntary Annexation Petition - Adcock Trust Agreement, LLC, 801 Old Honeycutt Road - PIN 0666881004 - ANX-2023-10 - (Davison) - ITEM TO BE TABLED 7.E Zoning Map Amendment - D.R. Horton, Inc. - 0, 0, 801, 809, 813, 817, 825, 829, & 833 Wilbon Rd - PINs 0657428127, 0657427014, 0657429148, 0657426197, 0657514351, 0657425182, FUQUAY-VARINA BOARD MEETING BOARD MEETING AGENDA SEPTEMBER 03, 2024 PAGE 2 0657413090, 0657421154, & 0657329194 - REZ-2023-05 - (Davison) - ITEM TO BE TABLED 7.F Zoning Map Amendment - Wayne Mauldin, Mauldin-Watkins Surveying, PA - 802 Wake Chapel Road - PIN 0657919129 - REZ-2024-09 - (Davison) 7.G Zoning Map Amendment - Wayne Mauldin, Mauldin-Watkins Surveying, PA - 9951 Fayetteville Road - PIN 0688457481 - REZ-2024-10 - (Davison) 8. Consent Agenda 8.A Utility Allocation Request - Hilltop Bluffs Subdivision - 15 Lots - (Wagner) 8.B Recreation Unit Fee-In-Lieu - Hilltop Bluffs Subdivision - SUB-PR-2024-03 - (Davison) 8.C Resolution - Acceptance of Funding Offer for Fuquay-Varina Transmission Main (Sanford Water Filtration Facility Conveyance Line) - State Reserve 2023 Appropriations Act (S.L. 2023-134) - (Wagner) 8.D Special Event Application and Amplified Sound Permit Request - Fuquay-Varina Ghost Tours - October 2024 (McNeill) 8.E Special Event Application and Amplified Sound Permit Request - Art After Dark - Friday, September 13, 2024 (McNeill) 8.F Facade Improvement Grant Request - Lucci Blue's Social Cafe & Wine Bar - 209 Fayetteville Street - (McNeill) 8.G Facade Improvement Grant Request - Lucci Blue's Social Cafe Yoga and Paint Studio - 211 Fayetteville Street - (McNeill) 8.H Budget Amendment - Recognizing Insurance Proceeds - Parks, Recreation and Cultural Resources - $5,250 - BA-25-04 - (Cox) 9. Items Removed From Consent This section is reserved for items removed from the consent agenda for separate consideration. 10. Administrative Reports 10.A Preliminary Subdivision Plat – Hilltop Bluffs Subdivision - SUB-PR-2024-03- (Davison) 11. Other Business 11.A Manager's Report 11.B Coffee with a Cop - Chick-fil-A - 1460 N. Main Street - Wednesday September 4, 2024 - 9:00 am - 10:30 am 11.C FM2FV Concert - Band of Oz - Thursday September 5, 2024 - 6:30 pm - 9:30 pm - Centennial Square 11.D Food Truck Rodeo - Sunday September 8, 2024 - 12:00 - 4:00 pm - Centennial Square 2 FUQUAY-VARINA BOARD MEETING BOARD MEETING AGENDA SEPTEMBER 03, 2024 PAGE 3 11.E National Night Out Against Crime - Fuquay-Varina Police Department - Tuesday September 10, 2024 - 4:00 - 8:00 pm 11.F 9/11 National Day of Remembrance - Wednesday September 11, 2024 - 8:30 am - Fire Station No. 4 11.G FM2FV Concert - North Tower - Thursday September 12, 2024 - 6:30 pm - 9:30 pm - Centennial Square 11.H Blood Drive - Police Department and Fire Department - Battle of the Badges - Friday, September 20, 2024 - 12:00 - 5:00 pm - Hilltop Needmore Clubhouse - 4621 Shady Greens Drive 11.I International Cultural Festival - Presented by the Cultural Arts Society of Fuquay-Varina - Fuquay-Varina Arts Center - Saturday September 21, 2024 - 10:00 - 4:00 pm 12. Town Board Member Comments Mayor and Commissioners 13. Closed Session 14. Adjourn IN ACCORDANCE WITH ADA REGULATIONS, PLEASE NOTE THAT ANYONE WHO NEEDS AN ACCOMODATION TO PARTICIPATE IN THE MEETING SHOULD NOTIFY THE TOWN CLERK AT (919) 552-1401 AT LEAST 48 HOURS PRIOR TO THE MEETING. 3

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