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Board of Commissioners

Regular Meeting

Fuquay-Varina, NC · October 22, 2024

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Fuquay-Varina Town Board Meeting Minutes Book - Page Fuquay-Varina Town Board Meeting October 22, 2024 J. Blake Massengill, Mayor Marilyn Gardner, Mayor Pro-Tem William H. Harris, Commissioner The Regular Meeting of the Fuquay-Varina Town Bryan Haynes, Commissioner Board scheduled for Tuesday, October 22, 2024, Charlie Adcock, Commissioner Jason Wunsch - Commissioner at 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, Assistant Town Manager Jim Seymour, Town Clerk Teresa Wilder, IT Director Scott Clark, and various other department directors. Town Attorney James Adcock was absent. CALL TO ORDER Mayor Massengill called the meeting to order at 7:01 pm. INVOCATION AND PLEDGE Commissioner Jason Wunsch provided the invocation, Building Code Inspection Supervisor Gary Kennedy 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 October 7, 2024 Town Board of Commissioners Regular Scheduled Meeting. MOTION: Mayor Pro-Tem Gardner SECOND: Commissioner Adcock MOTION RESULTS: Passed Unanimously (5-0) PRESENTATIONS 4A Proclamation - Fire Prevention Day - Saturday, October 26, 2024 Purpose – For Mayor Massengill to proclaim October 26, 2024 as Fire Prevention Day in Fuquay-Varina. The mayoral proclamation coincides with the Fire Department's annual Open House which occurs on Saturday, October 26, 2024, 10:00 am to 2:00 pm. Mayor Massengill invited everyone to attend to the Fire Department Open House on Saturday, October 26, 2024 from 10:00 – 2:00 pm for Fire Prevention Day. He then read the proclamation for Fire Prevention Day in Fuquay-Varina. He stated that the Fire Department is rated based on response times and fire safety and that Fuquay-Varina Fire Department has the absolute best rating they can obtain. This rating saves the citizens of Fuquay-Varina on their homeowner’s insurances. 4B Economic Development Marketing Video Purpose – For Communications Director, Susan Weis, to share the Town's most updated and recent Economic Development Marketing Video. Where Focus Meets Vision – That’s Fuquay-Varina. This is the theme of the new Economic Development video that takes viewers on a tour of the city's diverse business landscape, featuring notable companies such as John Deere, Bob Barker Company, Apex Instruments, Aviator, and others that have chosen to do business in Fuquay- Varina. This project was a collaboration with Amazing Studios, who helped bring the town’s economic development story to life. We are immensely thankful to the participating businesses for allowing us to film at their businesses. The video will be used by the Economic Development Department as a tool in attracting new businesses and site selectors to Fuquay-Varina through web and social media content, at trade shows, and through other forms of contact. Mayor Massengill stated that this video will be a tool for Economic Development to recruit businesses and opportunities here in Fuquay-Varina to showcase what the Town has going on. 4C Recognition - Inspections Department Staff Purpose – To recognize Town Inspections Department Staff for recent certification achievements. The following Town Inspections Department Staff are to be recognized for their certifications. Graham Baucom Passed Building Level I Certifications Held: Standard Plumbing I, Standard Electrical I Anibal de la O Lavalle Passed Electrical Level II Certifications Held: Standard Building Level I, Standard Plumbing Level I, Standard Mechanical Level I Steven Kurbansade Passed Building Level I Certifications Held: Standard Plumbing Level I, Standard Mechanical Level I, Standard Electrical Level I Stephen Webb Passed Building Level II Certifications Held: Standard Electrical Level II, Standard Mechanical Level II, Standard Plumbing Level III Chris Thompson Passed Plumbing Level II Certifications Held: Standard Building Level II, Standard Mechanical Level II, Standard Electrical Level I Paul Wise Passed Building Level I & Electrical Level I Certifications Held: Standard Mechanical Level I, Standard Plumbing Level I Justin Daniel: Passed Building Level II Certifications Held: Standard Electrical Level I, Standard Plumbing Level I, Standard Mechanical Level I Louann Moore Passed Building Level I Louann having her Building Level I Certification helps with the issuance of Certificate of Occupancies. Mayor Massengill thanked everyone for taking the time to continue their education and getting the certification to make sure that everything that is built meets the state building code and the role they play in the Town’s insurance ratings. 4D Presentation - CAMPO Regional Transportation Safety Action Plan (Phase 1 Update) Purpose –To receive a presentation from CAMPO regarding the CAMPO Regional Transportation Safety Action Plan Phase 1 Update. One of CAMPO's many charges is to assist in the planning for road safety. The CAMPO Regional Transportation Safety Plan focuses on reducing crashes that result in death or serious injury, for all roads and all modes of travel. Part of the public engagement process includes presenting on this topic to member elected boards. CAMPO staff and consultants will attend the Town Board meeting to present on Phase 1 of the plan as well as discuss next steps and future phases of the plan. Kenneth Withrow, CAMPO Senior Transportation Planner presented a PowerPoint presentation on the CAMPO Regional Transportation Safety Action Plan. Mayor Massengill thanked him for coming and presenting the CAMPO Regional Transportation Safety Action Plan. He reported that Fuquay-Varina has many intersections that are being improved and Engineering Director Poling includes safety factors to make the intersections safer. Commissioner Harris asked if participating in the safety plan would it be an advantage to the Town receiving grants. Mr. Withrow state it would be an advantage, and several communities have done this including Apex, Raleigh and Knightdale. Mayor Pro-Tem Gardner asked if the Town could get the data and statistics as it relates to Fuquay-Varina. Mr. Withrow stated that once the data is reviewed it will be able to be provided. PUBLIC COMMENTS 5A Kelly Quiring, 1509 Wesser Court, is the Chair of the Fuquay-Varina Downtown Association. She expressed their gratitude and support of the Downtown Generational Plan that will be presented later tonight. ITEMS PREVIOUSLY TABLED 6A Developer Agreement - Town of Fuquay-Varina and DR Horton, Inc. - Vaughan Park Mixed-Use Development Project Purpose – To consider a Development Agreement between the Town of Fuquay-Varina and DR Horton, Inc., for the construction of Vaughan Park Mixed-Use Development Project. 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 Vaughn Park Mixed Use Project comprises approximately 88 acres and proposes to build 336,000 square feet of nonresidential commercial space and 742 residential units, including apartments, townhouses, cottages, and row houses. As part of the Project's rezoning, the Developer has agreed to enter into a Development Agreement that defines the Project's commitment to prioritizing nonresidential commercial uses. The Town Board has requested that developers of mixed-use projects provide some level of commitment to and the prioritization of nonresidential commercial uses. Fuquay-Varina's residential population continues to expand rapidly, as does the demand for quality commercial retail services and amenities. Commercial retail destinations contribute to the local economy by creating jobs, expanding the property tax base, and increasing sales tax spending. The Developer, DR Horton, Inc., intends to construct the Vaughn Park Mixed-Use Project in accordance with a master plan that is part of their rezoning petition (REZ- 2023-05). The Project will traverse N Judd Parkway NW and is proposed to be constructed as follows: East Side Property (east of N Judd Parkway NW), the Developer proposes to construct (3) nonresidential commercial buildings, (150) Cottages Homes, (22) 22' Townhouses, and (18) Rowhouses. West Side Property (west of N Judd Parkway NW), the Developer proposes to construct (45) 26' Townhouses, (19) Single-Family (SF) Detached Homes, (6) Nonresidential buildings, (6) Mixed-Use Buildings (397 upper floor apartments), and (2) Multi-Family Buildings (88 apartments). Per the proposed Developer Agreement, the Town and Developer have agreed to the following construction schedule and commitment to nonresidential development as follows: EAST SIDE: Upon construction approval, the Developer may commence and complete construction of the Cottages, East Townhomes, and Rowhouses. Upon each unit's completion, these residential uses shall be entitled to certificates of occupancy. WEST SIDE: Construction can commence with the Townhomes, SF Homes, and installation of infrastructure on the West Side serving the residential uses after Vertical Construction has commenced on one (1) or multiple Nonresidential Buildings containing a minimum of thirty thousand (30,000) square feet individually or collectively. Vertical Construction shall be defined as the stage where the foundations are completed, and the exterior structural framing components (steel or wood framing) are vertically installed. Nonresidential Buildings required to meet the required minimum of 30,000 square feet shall not include an assisted living or skilled nursing facility (as shown on the master plan). In the event the Developer constructs one or more speculative nonresidential buildings to satisfy the nonresidential building construction, the Developer agrees to use good faith efforts to prioritize the location of these nonresidential buildings at or near the intersection of N. Judd Parkway and Streets A and D as shown on the Master Plan. Speculative nonresidential building(s) are defined as buildings that do not have a formal commitment (i.e., lease or purchase contract) from an end user for the finished nonresidential building(s). Nonresidential buildings for which the Developer does have a formal commitment from an end user may be constructed in a location or locations as determined by the Developer at the Developer's sole and absolute discretion. As a condition of the Development Agreement, the Developer agrees to pay a payment-in-lieu for improvements to complete Burton Street's connection to Street F shown on the Master Plan. The Burton Street Improvements payment-in-lieu will be determined as the construction of a street from Burton Street's current terminus of pavement to the Property boundary in alignment with Street F. Also, as an obligation under the Agreement, the Town affirms that it has sufficient water and sewer capacity to serve the Project's residential and nonresidential components. Prior to the commencement of construction of the Cottages, the Developer requested that the Town provide water and wastewater utility allocations for all 150 Cottages House units (to be located on the EAST SIDE of the Project). All other residential and nonresidential uses shall be collectively granted a utility allocation as an individual use as construction commences. Public Hearing – The public hearing was opened. John Adcock, 202 E. Academy Street, Lisa Lau, 305 Raven Glen Drive, Brian Darracott, 481 Walker Ranch Drive, and Jamie Schneider, 300 Raven Glen Drive all spoke in favor of the development agreement between the Town of Fuquay-Varina and DR Horton, Inc. No one spoke in opposition of the development agreement between the Town of Fuquay-Varina and DR Horton, Inc. Discussion – Mayor Massengill thanked staff for working with the petitioner on the development agreement and asked if everything had been resolved. Planning Director Davison stated that all issues had been resolved. Mayor Massengill responded to public hearing comments and stated that tonight was the first time the Town Board has had any discussion on the development agreement and that the Town Board has not shut down this item each time. He reported that staff carries out the direction by the Town Board with plans for Fuquay-Varina. The Land Use Plan that the Town Board approved sets a plan for the growth that the citizens want to see in our community. He stated that this plan does meet the requirements from a zoning standpoint of where in Town a mixture of commercial and residential can be built and this is a great opportunity for Fuquay-Varina. He reported that in the past citizens have become upset when the Town Board approves a project that has commercial and residential but the commercial never gets built. He stated that a developer agreement is not a zoning condition but it a negotiation between a developer, petitioner and staff who will make the recommendation to the Town Board. The Town Board ultimately makes the approval or denial of the request. He reported that staff has worked hard to make sure that the developer agreement has the sureties that the citizens are expecting that the commercial does get built and the petition and land sellers have voluntarily agreed to the agreement. Mayor Pro-Tem Gardner stated that in the past the Town Board has been disappointed when the intended or promise of the commercial component never was built. She is grateful for this opportunity and the assurances that this developer agreement brings to the Town. Commissioner Haynes stated that it was stated tonight that this request was tabled several times and was a disservice to the petitioner. He pointed out that a project of this magnitude would be a disservice to the citizens if the Town Board expedited the process without investigating all the aspects of the project. He stated that both residents in Grey’s Creek and Lincoln Heights community were spoken to regarding this issue to make sure that this was a good fit for the neighbors of this project. One of his concerns regarding the project was to make sure there was workforce housing for the citizen, teachers and Town employees. He stated that just because the Town Board prolongs a project doesn’t mean that they don’t care and what they really are doing is making sure the project meets the needs of the community. Commissioner Wunsch commended the staff and petitioner for all the hard work that went into the developer agreement. He stated that this is a process and with him serving on the Town Board for 9 years, he has seen where developers have promised the commercial aspect of the project but never delivered. He reported that this project is huge for the Town of Fuquay-Varina, and he is excited for the project. Recommendation – Approve the Development Agreement between the Town of Fuquay-Varina and DR Horton, Inc. for the construction of the Vaughan Park Mixed-Use Development Project, as presented and recommended and subject to rezoning and annexation approval. MOTION: Commissioner Wunsch SECOND: Mayor Pro-Tem Gardner MOTION RESULTS: Passed Unanimously (5-0) 6B Zoning Map Amendment - D.R. Horton, Inc. - Vaughn Park Mixed-Use Development Project - 0, 0, 801, 809, 813, 817, 825, 829, & 833 Wilbon Rd - PINs 0657428127, 0657427014, 0657429148, 0657426197, 0657514351, 0657425182, 0657413090, 0657421154, & 0657329194 - REZ-2023-05 Purpose – To consider 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. She then provided general information about the agenda item and made the following remarks. The subject properties total 87.14 acres and are located in the Town's extraterritorial jurisdiction (ETJ) and are the subject of ANX-2023-08. The properties are generally cleared for agricultural uses with several single family homes and other structures located along Wilbon Road. A pond and stream are located in the middle of both 825 and 813 Wilbon Road. The zoning map amendment petition requests approval of the Commercial Mixed Use (CMU) Zoning District. This zoning district consists of primarily commercial, and office uses, including general retail, restaurants, professional office, etc. Residential uses, including a mixture of housing types and residential densities, surrounding a commercial center. Public utilities are required. The regulations and performance standards of a CMU district offer flexibility in order to facilitate an integrated mix of uses conveniently located close to each other. The CMU 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 properties: 1) Single-Family Home 2) Townhouse Development 3) Multi-Family 4) Multi-Family Cottages 5) Vertical Mixed-Use 6) Row House 7) Home Occupation 8) Day Care, Commercial 9) Medical Office 10) Banquet Hall/Cultural Adaptive Use 11) Parks/Facilities, Open & Civic Space 12) Greenways 13) Restaurants/Food Service & Sales 14) Restaurant, Mobile (Food Trucks) 15) Office, Business/Professional 16) Hotel/Motel/Extended Stay Facility 17) Retail Sales & Service 18) Bank/Credit Union 19) Indoor Recreation 20) Recreation Facility, Private 21) Game Room/Arcade 22) Manufacturing, Artisan Products 23) Yard Sale 24) Brew Pub/Bar 25) Pet Service 26) Dry Cleaning 27) Parking Deck 28) Bus Stop 29) Farmer's Market30) Health Club/Gym Additionally, the petitioner has requested the following site-specific conditions be made applicable to the subject properties: Residential Design Guidelines: 1) Vinyl siding is not permitted. All siding used on exterior elevations shall be fiber cement siding. 2) Front-facing garage doors shall have windows, decorative details, or carriage- style adornments on them. 3) 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 - Stone or synthetic stone - Brick A minimum of two (2) of the following exterior materials will be applied to the front façade: brick, masonry, board and batten, horizontal, or shake siding. Alternatively, the front façade of a building may be comprised of all masonry. 4) A minimum of three (3) of the following exterior materials/elements shall be used on each house: - Front Porch rails and posts - Shutters - Board and Batten - 1” x 4” Window Wrap - Window pediments - Recessed windows - Side and/or Front Window Box Bays - Roof gables - Roof dormers - Roofline cornices - Metal roofing as accent 5) A varied color palette shall be utilized on all homes throughout the subdivision and shall include siding, trim, and accent colors complementing the siding colors. 6) Townhouses will consist of a mix of four (4), five (5), or six (6) unit buildings. 7) Townhouse end units shall include a minimum roof overhang of 8 inches. 8) ROW Visibility: Any side or rear façade facing a public or private ROW shall have decorative trim elements around all windows. 9) Roof shall be pitched at 6:12 or greater (not including porches, bay windows, etc.) and shall be clad with Architectural shingles. Metal roofing accents may also be utilized. 10) Townhouse rooflines cannot be a single mass; it must be broken up horizontally and vertically between every unit by staggering the unit a minimum 12” or providing a minimum 8” vertical step between every unit. 11) Front entrances for all homes must have a covered porch/stoop area at the front door. 12) Anti-monotony: In order to promote variation in home appearance, Townhouse elevations and color palettes shall differ for all units that are in a row. All Row Houses and Single-Family homes shall very in elevation and color palette for lots that are adjacent or directly across the street. Multi-family Cottage Design Guidelines: 1. Vinyl siding is not permitted. All siding used on exterior elevations shall be fiber cement siding. 2. 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 - Stone or synthetic stone - Brick A minimum of two (2) of the following exterior materials will be applied to the front façade: brick, masonry, board and batten, horizontal, or shake siding. Alternatively, the front façade of a building may be comprised of all masonry. 3. A minimum of three (3) of the following exterior materials/elements shall be used on each house: - Front Porch rails and posts - Shutters -Board and Batten - 1” x 4” Window Wrap - Window pediments - Recessed windows - Side and/or Front Window Box Bays - Roof gables - Roof dormers - Roofline cornices - Metal roofing as accent 4. A varied color palette shall be utilized on all homes and shall include siding, trim, and accent colors complementing the siding colors. 5. ROW Visibility: Any side or rear façade facing a public or private ROW shall have decorative trim elements around all windows. 6. Roof shall be pitched at 6:12 or greater (not including porches, dormers, bay windows, etc.) and shall be clad with Architectural shingles. Metal roofing accents may also be utilized. 7. Front entrances for all homes must have a covered porch/stoop area at the front door. 8. Anti-monotony: In order to promote variation in home appearance, no more than two structures in a row may repeat the same façade without a variance to the height of masonry, roofline type, siding material placement, or primary façade color. Front entry doors shall be of a vibrant color not replicated in the facade of the structure it serves. The commercial buildings and associated areas shall be subject to a Unified Design Document to be submitted with the first site plan. The master plan is characterized by a mix of residential, office, commercial uses, 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 CMU Zoning District is 10 dwelling units/acre with a minimum 15 acres/50% of the developable land being designated for non-residential uses. The master plan proposes a maximum density of 3.94 dwelling units/acre for a total of 742 combined units, and 39.15 acres/50.21% for non-residential uses. The master plan proposes a network of streets with the development's main access located at a proposed signalized intersection on NW Judd Parkway. All street sections shall follow the Town's standard specifications, apart from a requested modification to the sidewalk in the CS-90 Street Section for Streets D & G, located in the multi-family cottage portion of the plan. The master plan proposes to pull the sidewalk curbside to allow the landscape planting area to be located between the back of sidewalk and the front porches of the units. Five percent (5%) or 4.38 acres of activated civic space is required for a Community Activity Center (CAC) development and the master plan proposes 5.34% or 4.7 acres. Activated amenities including playgrounds, a dog park, fire pit, shade structure with outdoor grills, pet waste stations, bike racks, greenway trails, a fitness station, benches, a butterfly/pollinator garden, open plazas, and public art are proposed throughout the development. Additionally, along the proposed sidepath on the western side of NW Judd Parkway, a history walk depicting the history of the Vaughan Property is proposed. Sidewalks and trails are proposed throughout the development to link the recreational areas and provide multi-modal circulation. The master plan commits to an enhanced buffer along the western edge of the project boundary consisting of a mixture of Type- A and Type-B buffers and a 6' privacy fence in addition to the required perimeter buffers required around the entirety of the project. Alternative Design Solutions: LDO §9-3007, (e) supports alternative design solutions to the required form-based development standards as long as they meet the spirit and intent of the of the standards, are determined to be superior or equal to the requirements and are approved by the Town Board with the master plan. The following alternative design solutions have been proposed by the petitioner and have been determined by staff to meet or exceed the intent of the standard: 1) An increase in lots fronting along a publicly accessible passage, or sidewalk. The master plan proposes 42% of its lots fronting on improved pedestrian greens to provide residents the unique experience of walking out of their front door and engaging with an active open space area rather than a parking lot or street. 2) An alternative building placement configuration that would allow for the clustered arrangement of multi-family cottages. 3) An alternative for minimum building frontage along the primary frontage along NW Judd Parkway through the use of enhanced pedestrian spaces. Surrounding properties are generally residential in nature. More specifically, the Gray's Creek subdivision is to the west, and the Briar Gate subdivision is to the northwest. Additionally, the Madden West subdivision, which is currently under construction, is to the south. There are also several industrial and civic uses in the area with a number of warehouses to the northeast and Lincoln Heights Elementary School to the southeast of the subject properties. The 2040 Community Vision Land Use Plan (LUP) calls for the Neighborhood Activity Center (NAC) classification along the northern edge of the development with the majority of the development designated Community Activity Center (CAC). The NAC classification is defined as land that provides goods and services to surrounding neighborhoods at a limited scale. The design of Neighborhood Activity Centers transitions effectively between residential and non-residential uses. Public spaces are sized and designed to be small gathering places for surrounding neighborhoods. Homes in and surrounding the center of development may offer several choices to live and experience the Activity Center. Similarly, the CAC classification is defined as land offering the opportunity to serve broader economic, entertainment, and housing needs in the community. Land uses and buildings on small blocks may stand up to five (5) stories tall and encourage active public spaces between buildings. Residential units or office space may be found above storefronts. Homes in and surrounding the center of development may offer several choices to live and experience the Activity Center. Community Activity Centers encourage active living with a comprehensive and interconnected network of walkable streets. In both the NAC and CAC classifications, residential uses are secondary to commercial uses and open space (combined) in terms of the size, scale, footprint, and intensity of development. The proposed development proposes a mix of both residential and non- residential uses, with a commercial core. The proposed master plan 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 2.2: Concentrate Development in Mixed-Use Centers 2) Policy 2.6: Encourage Commercial Development 3) Policy 3.1: Create a Comprehensive, Connected, and Continuous Network of Green Space 4) Policy 4.1: Manage Future Growth and Development in Accordance with the Priority Infrastructure Investment Areas Map 5) Policy 5.3: Improve Street Connectivity 6) Policy 6.5: Attract New Retailers 7) Policy 7.1: Establish a Discernible Neighborhood Structure 8) Policy 7.2: Encourage Transitional Uses and Intensities in and Around Project Boundaries 9) Policy 7.4: Enhance Character and Walkability by Orienting Buildings to the Street 10) Policy 7.7: Multiple Buildings on the Same Lot or Parcel Should Be Architecturally Unified 11) Policy 8.1: Provide Mixed Housing & Diversity Public water and sewer are currently available to serve the subject properties. Additional utility lines will be extended by the developer with development. The subject properties are located along and have access to NW Judd Parkway and Wilbon Road. 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 cross-section with a carrying capacity of 35,100 ADT. 2021 NCDOT traffic counts taken approximately 0.56 miles south of the subject properties indicated a volume of 7,800 ADT. Wilbon Road is classified by the Town's 2035 Community Transportation Plan (CTP) as an 80-foot right-of-way and is identified as being a three (3)-lane, median divided cross-section with turn lanes and sidepaths and a future carrying capacity of 20,700 ADT. It is currently a two (2)-lane road with a center turn lane and a carrying capacity of 11,800 ADT. 2021 NCDOT traffic counts taken approximately 0.28 miles west of the subject properties indicated a volume of 3,400 ADT. Additionally, three (3) future connector streets are identified by the CTP to run west to east through the properties. The master plan has accounted for two (2) of these streets with connections to existing stubs at Longfellow Street, Forest Fern Lane, and Crimson Oak Lane. Burton Street will be constructed to their parcel boundary with a fee-in-lieu provided for the off-site construction of Burton Street from the property line to Coefield Street. The connection to McLean Street has been deemed unnecessary by Town staff and will be removed on the updated Comprehensive Transportation Plan. The petitioner held a neighborhood meeting on April 18, 2024, at 909 Wake Chapel Road, 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 2.2: Concentrate Development in Mixed-Use Centers 2) The requested zoning district supports the Land Use Plan Policy 2.6: Encourage Commercial Development 3) The requested zoning district supports the Land Use Plan Policy 3.1: Create a Comprehensive, Connected, and Continuous Network of Green Space. 4) The requested zoning district supports the Land Use Plan Policy 4.1: Manage Future Growth and Development in Accordance with the Priority Infrastructure Investment Areas Map 5) The requested zoning district supports the Land Use Plan Policy 5.3: Improve Street Connectivity. 6) The requested zoning district supports the Land Use Plan Policy 6.5: Attract New Retailers 7) The requested zoning district supports the Land Use Plan Policy 7.1: Establish a Discernible Neighborhood Structure. 8) The requested zoning district supports the Land Use Plan Policy 7.2: Encourage Transitional Uses and Intensities in and Around Project Boundaries. 9) The requested zoning district supports the Land Use Plan Policy 7.4: Enhance Character and Walkability by Orienting Buildings to the Street 10) The requested zoning district supports the Land Use Plan Policy 7.7: Multiple Buildings on the Same Lot or Parcel Should Be Architecturally Unified 11) The requested zoning district supports the Land Use Plan Policy 8.1: Provide Mixed Housing & Diversity. 12) The master plan and narrative included with the request ensure the future uses fits into the development context and demonstrate compliance with the zoning conditions offered and many of the goals of 2040 Land Use Plan. 13) A Development Agreement has been submitted and is recommended by the Town Attorney which clarifies the development obligations of the Town and Developer and defines the nonresidential development prioritization. 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. Although a term sheet for a development agreement was submitted on August 13, 2024, before the Planning Board public hearing, staff review determined it lacked a tangible commitment to the nonresidential development. Therefore, staff recommended denial of the request. At the August 19, 2024, regular meeting, the Planning Board discussed whether the lack of a commercial prioritization plan in the form of a staff-recommended Development Agreement should factor into the Planning Board's decision to deny or recommend approval when the master plan presented met the LDO standards and LUP goals. Because a development agreement is presented directly to the Town Board, 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. Since the August 19, 2024, Planning Board meeting, the petitioner added a note to the master plan clarifying that the nonresidential development shown is conceptual. Revisions to the commercial configuration and permissible uses will not require amendments to the approved master plan as long as they meet the applicable development standards and specific commitments included in the master plan. The petitioner also supplemented the conceptual residential elevations to demonstrate a commitment to architectural variety, materials, and colors. At the October 7, 2024, regular meeting, the Town Board voted unanimously to table consideration until the October 22, 2024, Town Board meeting to allow the Town and the petitioner to continue to work out the details of the associated Development Agreement. Prior to the October 22, 2024, meeting, consensus on the details of the proposed Development Agreement was achieved. Public Hearing – The public hearing was opened. John Adcock, 202 E. Academy Street and Anne Oakley with DR Horton, 7113 Walters Place, Holly Springs 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-2023-05, 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 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. N-24-48 MOTION: Commissioner Haynes SECOND: Commissioner Adcock MOTION RESULTS: Passed Unanimously (5-0) 6C Voluntary Annexation Petition - Ball, David W Trustee, Lunette S Vaughan Trust FBO Gerald K Vaughan, 0, 0, 801, 809, 813, 817, 825, 829, & 833 Wilbon Road - PIN's 0657329194, 0657421154, 0657413090, 0657425182, 0657514351, 0657426197, 0657427014, 0657428127, & 0657429148 - ANX-2023-08 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 0, 0, 801, 809, 813, 817, 825, 829, & 833 Wilbon Road owned by the David W Ball Trustee, Lunette S Vaughan Trust FBO Gerald K Vaughan, PIN's 0657329194, 0657421154, 0657413090, 0657425182, 0657514351, 0657426197, 0657427014, 0657428127, & 0657429148, containing approximately 94.915 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. She then provided general information about the agenda item and made the following remarks. The properties are both contiguous (0657514351, 0657427014, 0657429148) and non- contiguous (0657329194, 0657421154, 0657413090, 0657425182, 0657426197, & 0657428127) to the Town's corporate limits, containing 94.915 acres. A fire flow test was conducted, resulting in 3,241 gallons per minute (GPM). Town water and sewer are currently available to serve the properties. Town sanitation and recycling services are available to serve the proposed residential lots in the development; however, they will not serve the nonresidential or multi-family portions of the development. At the September 17, 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 that the petition was sufficient and met the requirements prescribed by the North Carolina General Statutes. The Town Board adopted a resolution setting a public hearing for the October 7, 2024, Town Board meeting. At the October 7, 2024, regular meeting, the Town Board voted unanimously to table consideration of the annexation petition to the October 22, 2024, meeting. The present total value of the properties is $6,575,387. Public Hearing – The public hearing was opened. No one spoke in favor or opposition of the voluntary annexation petition. Discussion – Commissioner Adcock asked if the residential properties would have a Fuquay-Varina address. Planning Director Davison stated the decision is by the federal post office but that she believed these properties would have a Fuquay-Varina address and would confirm to make sure. Commissioner Adcock asked about the payment in-lieu on Burton Street and what the Town’s plan was to spend the money. Planning Director Davison stated that the developer would build the stub street and then the Town would have the opportunity to make the connection at sometime in the future. Town Manager Mitchell stated that the intent is to connect the stub street to Burton Street. Commissioner Adcock stated that the Lincoln Heights neighborhood infrastructure was never adequate, and Coefield Street was never completed. He would like to recommend that Burton Street get connected and Coefield Street get completed. He thought that maybe this would be an opportunity to get some funding from CAMPO. He stated that his intent is that the money be disbursed for positive infrastructure in the Lincoln Heights neighborhood. Mayor Massengill clarified that the difference in living in the Town of Fuquay-Varina and not having a Fuquay-Varina address. What this means is that the Town addresses are given by the post office location that delivers that address’ mail. He stated that if residents are served their mail by the Holly Spring Post Office, they will say they are residents of Holly Springs when they are actually Fuquay-Varina residents. He reported that as elected officials it is their responsibility to make sure that the post office name matches the address that the resident lives at. Commissioner Adcock commended the developers for being able to get the neighbors engaged with this project and the neighbors came to several of the other meetings to speak in favor of the project. Recommendation – Adopt the annexation ordinance to extend the corporate limits of the Town of Fuquay-Varina to include property owned by the Ball, David W Trustee, Lunette S Vaughan Trust FBO Gerald K Vaughan (ANX-2023-08) as presented and recommended. Ordinance No. N-24-49 MOTION: Commissioner Adcock SECOND: Commissioner Harris MOTION RESULTS: Passed Unanimously (5-0) PUBLIC HEARINGS 7A There were no public hearings for the October 22, 2024 Town Board meeting. CONSENT AGENDA 8A. Special Event Application, Amplified Sound Permit, and Closure of Varina Parking Lot for the FVDA’s BBQ, Blues and Brews – Saturday, November 9, 2024 Purpose – To consider the Special Event Application, Amplified Sound Permit Request, and Closure of Varina Parking Lot for the BBQ Blues & Brews Festival scheduled for Saturday, Nov 9, 2024. Recommendation – Approve a Special Event Application, Amplified Sound Permit, and Closure of Varina Parking Lot for the BBQ Blues & Brews Festival scheduled for Saturday, November 9, 2024, as presented and recommended. 8B. Special Event Application and Amplified Sound Permit Request - Willow Spring High School Cross Country Team - WSHS Turkey Trot - 11-28-2024 Purpose – To consider a Special Event Application and Amplified Sound Permit Request for the Willow Springs High School Cross Country Team's Turkey Trot event scheduled for Thursday, November 28, 2024. Recommendation – Approve a Special Event Application and Amplified Sound Permit Request for the Willow Springs High School Cross Country Team's Turkey Trot event scheduled for Thursday, November 28, 2024, as presented and recommended. 8C. Special Event Application and Amplified Sound Permit Request - Guardian Angel Thrift - Guardian Angel Candlelight Vigil - November 13, 2024 Purpose – To consider approval of a Special Event Application and Amplified Sound Permit Request for the Guardian Angel Candlelight Vigil, scheduled for Wednesday, November 13, 2024. Recommendation – Approve the Special Event Application and Amplified Sound Permit Request for the Guardian Angel Candlelight Vigil scheduled for Wednesday, November 13, 2024, as presented and recommended. 8D. Resolution - Abatement Assessment - 1630 Lake Glen Dr. 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. 24-1901 A motion was made to approve all Consent Agenda Items 8A- 8D. MOTION Commissioner Adcock SECOND: Mayor Pro-Tem Gardner MOTION RESULTS: Passed Unanimously (5-0) ITEMS REMOVED FROM CONSENT 9A There were no items removed from the Consent Agenda for separate consideration. ADMINISTRATIVE REPORTS 10A Contract Award and Project Ordinance Amendment – BL-0038 Jones Street Sidewalk Purpose – To consider approving a Project Ordinance Amendment in the amount of $300,000 and awarding a contract for the construction of the Jones Street Sidewalk Project (BL-0038) to Pacos Construction Co., Inc. in the amount of $682,534.25 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 was awarded grant funding for improving roadway and pedestrian facilities along E. Jones Street in FY2022-2023. This project will improve pedestrian connectivity by constructing approximately 1,200 feet of new sidewalk, curb, and gutter, closing the existing gap between N. Main Street and N. Woodrow Street. Additional improvements include striping and storm drainage enhancements. The construction contract was advertised on September 3, 2024, with bids publicly opened at the John W. Byrne Municipal Building. Pacos Construction Co., Inc. submitted the lowest responsive and responsible bid of $682,534.25. Construction is anticipated to commence in Spring 2025, following the NCDOT paving moratorium from December 15 to March 15, with project completion expected by December 2025. Town staff recommends the approval of a $300,000 Project Ordinance Amendment and the award of the Jones Street Sidewalk Project (BL-0038) contract to Pacos Construction Co., Inc. for $682,534.25. The Town Board has established a project ordinance of $906,301. Existing project funds comprise $725,040 (80%) in Locally Administered Projects Program (LAPP) funds and $181,261 (20%) in Town matching funds. A project ordinance amendment of $300,000 is needed to fund and start the project fully. The Town originally submitted for a LAPP Grant in FY 2019-2020 and was awarded funding for this project in FY 2022-2023 due to the impact of COVID-19 and lack of NCDOT funding at the time of original funding application. Because of increased construction costs, an additional $300,000 is needed to complete the project. Town Staff has engaged NCDOT and CAMPO for additional funding and received approval for an additional $300,000 at a 50/50 match ($150,000 CAMPO Funding/$150,000 Town Funding) to cover increased construction costs. Staff will bring a supplemental agreement to the Town Board for consideration at a future meeting. The attached Project Ordinance Amendment appropriates $300,000 of the 2024 GO Transportation bonds for the additional costs of the project. When the additional CAMPO funding becomes available, the 2024 GO Transportation bond funds will be returned to its reserve account. Discussion – Commissioner Adcock asked if this was being built in the existing right-of- way. Engineering Director Poling stated that the Town did have to acquire additional right-of-way, and it has been completed. Mayor Massengill asked that the $1.2 million for the project about half of the cost goes to construction and the other half is for right-of-way acquisition and design. Engineering Director Poling stated that was correct. Engineering Director stated that construction is estimated to begin in the spring and will take approximately 12 months for completion. Recommendation – 1) Approve a Project Ordinance Amendment (POA-25-10) in the amount of $300,000 and; 2) Award a contract for the construction of the Jones Street Sidewalk Project (BL-0038) to Pacos Construction Co., Inc. in the amount of $682,534.25 and authorize the Town Manager to execute the contract on behalf of the Town, subject to the Town Attorney’s review as to form. Ordinance No. N-24-50 MOTION: Mayor Pro-Tem Gardner SECOND: Commissioner Haynes MOTION RESULTS: Passed Unanimously (5-0) 10B Downtown Generational Plan Purpose – To consider adopting the recommended Downtown Generational Plan. Staff Comments – Assistant Town Manager Jim Seymour 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 of Fuquay-Varina Board of Commissioners authorized funding for a comprehensive downtown generational plan. In January 2023, the Town hired consulting firm McAdams, a full-service planning, design, and engineering firm, to create the downtown plan. This downtown generational plan is intended to be a blueprint for investment in downtown (DC-1 and DC-2 zoning districts) specific to housing, commercial/retail development, cultural arts, landscaping, and recreation amenities. The proposed Plan recommends changes to the built environment that could be made over the next several decades while considering current demographic profiles, economic conditions, and community goals. In addition, the Plan examines local, national, and international downtown development trends that will impact development patterns throughout downtown Fuquay-Varina. The Downtown Generational Plan will: 1) Serve as a blueprint for downtown planning efforts to advance the downtown's economic and physical success over the next several decades. 2) Serve to attract and retain businesses, residents, and visitors downtown while ensuring that the uniqueness and authenticity of Downtown Fuquay-Varina are maintained. 3) Coordinate the right blend of new development, redevelopment, rehabilitation, and infill development opportunities. 4) Create a unified downtown vision that includes a comprehensive strategic implementation strategy to ensure the continued development and redevelopment of Fuquay-Varina and a high-quality, mixed-use design. 5) Serve as a reference document and a policy guide for local government officials in decision-making. 6) Builds consensus among engaged stakeholders, including property owners, residents, businesses, developers, and elected officials. 7) Identify downtown's historical significance and recommend empowering historic preservation in conjunction with new, modern forms of downtown infill development projects. 8) Focus on key initiatives and opportunity sites to assist the Town in making a strategic public investment in infrastructure while leveraging new, private-sector investment that creates robust mixed-use and infill development opportunities. By analyzing existing Town plans, studies, and the downtown's physical and economic conditions, the Town and McAdams developed a comprehensive understanding of downtown's development potential. Collaborative community and staff engagement was integral to the process, ensuring that the Plan reflects the community's vision for the downtown's future. The resulting document outlines recommendations and strategies to develop Fuquay-Varina's downtown into a destination. The Plan provides recommendations that align with the Town's overall Strategic Plan, supporting goals of the NC Main Street including economic vitality, preserving character and identity, enhancing safety and security, and improving quality of life. Specifically, the Plan contributes to the Town's economic development strategic plan by supporting initiatives focused on commercial and retail recruitment development, infill development, transportation, infrastructure, and utilities investment. Community input is an essential part of any planning process. This Plan uses input from the residents of Fuquay-Varina, town staff, the Fuquay-Varina Downtown Association (FVDA), and focus group participants to inform the community engagement portion of the information-gathering process. The FVDA has worked strategically with the Town to help develop the Plan and support its adoption. Since presented to the Town Boad for review on August 20, the Plan was put on the Town's online engagement platform, Let's Talk FV, for 30 days following McAdam's presentation. Survey responses from Let's Talk FV included 57 informed responses, with a total of 326 people reviewing the Plan. Upon review of the Plan, the following feedback was provided: 1) Accessibility, Walkability, and Connectivity - Emphasis on improving accessibility for all visitors downtown by making areas more walkable on N Main Street and secondary streets (i.e., Fuquay Avenue, Spring Avenue). - Desire for physically connecting the Fuquay District to the Varina District. - Enhance multi-modal transportation options, including the ability to bike downtown, dedicated walking routes, and create the Rail Trail as an amenity. - Interest in enhancing walkability, adding sidewalks, and improving pedestrian safety to make the downtown more accessible. 2) Preservation of Small-Town Charm and Historical Character - Maintain downtown's historical character and charm as new infill development continues. - Preserve existing buildings and landmarks as new development occurs. 3) Parking and Traffic Management - Concerns about downtown traffic flow specific to commercial truck traffic through downtown. - Need for new parking solutions that create more parking, including surface lots and parking decks. 4) Support for Green Space and Public Areas - Support for creating public parks, green spaces, and community gathering areas that provide shade and comfort. - Support public art and community-focused spaces encouraging engagement, events, and cultural activities. 5) Community Engagement - Make development efforts inclusive and support all populations. - Engage the public for input when making the downtown project decision-making process to be reflective of resident needs and expectations. 6) Transformative Places - How will the proposed Piney Woods Park impact the Fuquay-Varina Emergency Food Pantry? - How will the proposed Piney Woods Park impact existing businesses? - What type of apartments will be included in the Junction Mixed-Use District? 7) Support for Economic Growth and Housing Options - Interest in expanding high-density residential downtown to increase the vibrancy of downtown while ensuring affordable housing options. - Demand for more affordable retail and business spaces to support local enterprises and small businesses. Overall, the public feedback was optimistic and supportive of the Town's proposed Downtown Generational Plan and its potential to improve the Town's downtown. The Plan highlights the community's desire for thoughtful growth that balances modernization with preserving downtown Fuquay-Varina's unique character while addressing practical concerns like traffic, accessibility, and economic inclusivity. One of the notable changes to the Plan since the draft presentation to the Town Board on August 20 includes removing a section of Piney Woods Park at the same location as the Fuquay-Varina Food Pantry. As reflected in the final Plan, the commercial buildings located south of Piney Woods Park are shown as existing buildings and are not part of the Park's conceptual planning. Discussion – Mayor Massengill stated that any business or use that is existing in these areas that the adoption of this plan does not mean that the Town will condemn that business or use and have them closed. This plan is simply a tool for long term planning and what the public would like to see in their downtown and ways for the Town to plan to make it happen. He stated that this plan has a lot of great aspects and glad the public has been involved. The aspect of a park in the downtown area is becoming a new future way to get people in downtown to help support the businesses. Commissioner Adcock asked if the under-railroad walking tunnel was still in the plan. Assistant Town Manager Seymour stated that it is but whether you go over or under the tracks is still to be determined. He also asked if there were still walking trails along the railroad bed that would be incorporated into the plan. Assistant Town Manager Seymour confirmed that was correct. Commissioner Adcock reported that the railroad tracks here in Fuquay-Varina are unique to the community. It has always been an issue with traffic and difficulty crossing the tracks. He suggested that if you are going west on the railroad the train has two options. The train can either go underneath the bridge on Wake Chapel Road and then go by Action Park, which that track they might not be using anymore. There is another choice where they can come down to the south and they cross over the intersection where Wake Chapel and Main Street are close. He asked if there would be anyway to have the spur going to the south immediately from Varina and having it go under Wake Chapel Road, under the bridge, and then having the spur come down after that allowing the crossing at Wake Chapel Road and Main Street to be removed. He reported that if the railroad could be removed across from Wake Chapel Road you now have a way where you could walk between the districts and not have to cross a railroad track. Assistant Town Manager Seymour stated that there would be a feasibility study done on the rail trail to see what the route would look like and best serve pedestrian mobility. Commissioner Adcock stated that he would like to see wider sidewalks in the downtown area for strollers, bicycles and skateboards. He is thinking that most people would not walk from downtown Fuquay to Varina, but he could see them riding a bicycle or scooter. Recommendation – Adopt the proposed Downtown Generational Plan as presented and recommended. MOTION: Mayor Pro-Tem Gardner SECOND: Commissioner 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 had a total of 2,230 people attend the annual haunted trail that was held this past Saturday. He thanked the Parks and Recreation staff and the 100 volunteers who help make the event a success. o Arts Center – The Arts Center has hired some new part time staff Damion Younts, Jeffrey Peters as Tech Crew and Decania McCollum as front desk staff. There still are a few positions available. Arts Center Director Daley is currently attending the Market in Durham and booking for the 2025-2026 theater season. This coming weekend is the Film Festival at the Arts Center which will be representing over two dozen film makers, original short movies and industry professionals. o Fire Department – Battalion Chief Dustin Grimes was appointed to the new position of Department Training Officer. There are two vacant Fire Fighter positions that will be filled this week. He reported that construction on the four new fire engines have begun. He stated that Captain Josh Herring and Fire Fighter Rodolfo Silva were the second group of firefighters deployed to assist with the cleanup of hurricane Helene and they returned safely this past Friday. He commended them for stepping up to help serve our neighbors in need in Western North Carolina. He informed the Board that the Fire Department ISO inspection will be held on Tuesday, October 29, 2024. o Police Department – The Police Department has hired two new officers Brian Williamson and Colby Price. He reported that Officer Klein received Officer of the Year Award from the Fuquay-Varina Exchange Club. o Public Works – In the Public Works Department Gabe Briley, Ken Campbell and Xavier High visited the 1st grade classes at Lincoln Heights Elementary to talk about recycling and sanitation collection. The Fleet Manager position has closed, and the interview process has begun. The proposal for the design of the Public Service Center phase two expansion project has been evaluated and interviewing the finalist this week. o IT Department – The IT Department was recently awarded a $185,000 grant from the state and local Cyber Security Grant Program. These funds will be used to upgrade the firewall infrastructure and other systems to increase the cyber security posture which is ever more important in today environment. o Planning Department – The Planning Department will be bringing the 2040 Community Transportation Plan along with the Land Development Ordinance amendment and revisions to the engineering specifications on November 19, 2024 Town Board meeting (November 4, 2024 Town Board meeting was cancelled in closed session). o Engineering Department – The Engineering Department has received FHWA construction authorization for the Downtown Varina Pedestrian Improvement Project this week and should be advertised this week. He stated that the bids should be opened in December with award in January 2025 and construction to being in the spring of 2025 with approximately 12 months for completion. o Public Utilities – There was a pre-construction meeting for the Sanford Water Filtration Facility Expansion project this morning and the groundbreaking event is scheduled for Tuesday, October 29, 2024 at 10:00 am. Revenue bonds will be sold tomorrow for the Terrible Creek Wastewater Treatment Plan Expansion Project. o Economic Development – Applications for the Economic Development Director position are still being received and will close at the end of the month. o Human Resources – The Human Resources Department through our risk management and safety division is working to advance a more robust emergency response plan for the Town. This plan will address numerous facets of how the Town would react and be proactive about how we manage emergency incidents. 11.B Quarterly Report - 1st Quarter FY 2025 11.C Spec. Book Updates - Informational Item - Public Utilities - (Poling) – Engineering Director Poling stated that the updates were just cleaning up with providing clarifications to the development community. There were a couple of new details that were added for Public Utilities. All the changes were vetted through one of our local engineering firms in Town just to make sure there were no negative impacts or anything that was out of the ordinary. Town Manager Mitchell stated there were 11 new details had been added and 16 details have been updated to clarify installation requirements and materials. 11.D FV Downtown Association - Downtown Trick or Treat - Downtown Fuquay - Friday October 25, 2024 - 2:00 pm - 5:00 pm 11.E Police Department - Mental Health Resources Event - Saturday October 26, 2024 - 10:00 am - 2:00 pm - Southern Regional Center - 130 N. Judd Parkway NE 11.F Fuquay-Varina Fire Department - Open House - Saturday October 26, 2024 - 10:00 am - 2:00 pm 11.G FVDA BBQ, Blues and Brews - Saturday, November 9, 2023 - 12:00 pm - 4:00 pm - Varina Public Parking Lot 11.H Coffee with a Cop - Hilltop Park Clubhouse - 4621 Shady Greens Drive - Wednesday November 13, 2024 - 9:00 am - 10:00 am 11.I Town Code Amendment - Town of Fuquay-Varina - Land Development Ordinance (LDO) Amendment #28 - CTA-2024-03 - (FIRST READING) - (Davison) BOARD MEMBER COMMENTS Commissioner Harris stated that he would like to have discussion at the Town Board Retreat of reactivating the committee’s structure for the Town Board. Commissioner Adcock stated that he would like to see the land use plan match up to the citizens that have the Wake County Agricultural Districts and to recognize and appreciate their decision. Commissioner Wunsch stated that as the Board has approved the Generational Plan that the concert series this past year have been so popular in our downtown area and this just shows the excitement and the trend to congregate in downtown. He commended everyone for the hard work that they put into this plan and getting the public feedback on it. He reported that Willow Springs High School had their first homecoming game, and they crowned their first homecoming king and queen. He thanked everyone who helped on the Vaughan Project and stated that the Town if very blessed to have the staff with the experience to recommend to the Town Board and for them to be able to make good decisions. Commissioner Haynes stated that he loves hearing all the comments from citizens and their love and passion for Fuquay-Varina and all the projects that will be starting in the future with the Downtown Generational Plan, Economic Development Plan and the mix use project that was approved tonight. He reported that he spoke to a faith base group who are working with the Ormond Center out of the Duke Diviinty School. Mayor Pro-Tem Gardner stated that it has been a very busy time and there have been three Chamber of Commerce ribbon cuttings that she attended. She attended the show the Fabulous Equinox Orchestra at the Art Center and it was a great event. She stated that tonight was a big night with the approval of the mix use project, and it was one of the biggest projects to come before the Town Board for approval. She is looking forward to all it will bring to the Town. She also stated that the Downtown Generation Plan is just a wonderful long-term vision for the Town. She reported that Heister Automotive sponsored a 5K walk/run to benefit the American Federation for Suicide Prevention and donated $100,000. She stated that the Friends of the Museum held their monthly meeting at the Cardenas School. Mayor Massengill stated that he attended the grand opening of Donovan’s Manor which is an $8 million investment event venue, and it is the largest of its kind in the area. He reported that himself, Town Manager Mitchell and Police Chief Tim Smith had lunch with Sheriff Rowe regarding how everyone can work together and continue to have good things in Fuquay- Varina. He informed Parks and Recreation Director Jonathan Cox that the haunted trail was a huge success, and he is still receiving comments from citizens that enjoyed the event so much. The following are Mayor Massengill’s past and future events: Past Events 10/8 – FVDA Board Meeting 10/8 – Chamber Open House 10/9 – Chamber Business Exchange Breakfast 10/9 – Speak at TE Connectivity 10/10 – Police Department – Friends with Wisdom – Carolina Gardens Clubhouse 10/11 – Chamber Ribbon Cutting – Burly Boards Woodworking 10/11 – Grand Opening of Donovan Manor 10/15 – Chamber Ribbon Cutting – Fuquay Transportation 10/16 – Chamber Board Meeting 10/16 – CAMPO Executive Board Meeting 10/17 – Chamber Business After Hours 10/17 – FM2FV Concert – Jim Quick & Coastline Band 10/19 – Police Department – Create with a Cop – Rescued Wood Rehab. 10/19 – Haunted Trail – Carol Howard Environmental Park 10/20 – Wake County Mayors Association Upcoming Events 1025 – Police Oath of Office 10/25 – Speak at FV Middle School Civics Class 10/25 – Trick or Treat Downtown 10/26- Fire Department Open House 10/26 – PD Mental Health Resources Event 10/28 – Blake History Stakeholders Meeting 10/29 – Speaking at Willow Springs High School 10/29 – Sanford Water Plant Groundbreaking 10/30 – Chamber Ribbon Cutting – Bengal Towne Center 10/31 – FV Middle School Teachers Halloween Costume Contest 11/1 – UNC Rex Hospital – Time Capsule Ceremony 11/1 – Chamber Ribbon Cutting – Ryan Homes at Kipling Village 11/3 – Launch FV Graduation Night CLOSED SESSION Pursuant to N.C.G.S. 143-318.11 (a)(3) - Attorney Client Privilege, 143-318.11 (a)(4) - Economic Development and 143-318.11 (a)(5) – Property Acquisition. A motion was made to conduct a closed session meeting at 9:22 p.m. MOTION: Commissioner Harris SECOND: Commissioner Adcock MOTION RESULT: Passed Unanimously (5-0) RETURN TO OPEN SESSION The Town Board returned to open session at 10:36 p.m. and reported out the adoption of closed session minutes from July 8, 2024, August 20, 2024 and September 17, 2024. MOTION: Mayor Pro-Tem Gardner SECOND: Commissioner Wunsch MOTION RESULT: Passed Unanimously (5-0) ADJOURNMENT A motion was made to adjourn the meeting at 10:36 p.m. MOTION: Commissioner Adcock SECOND: Commissioner Wunsch MOTION RESULT: Passed Unanimously (5-0) The minutes from the October 22, 2024, Town Board of Commissioners regularly scheduled meeting are adopted this 19th day of November 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, October 22, 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 - October 7, 2024 Town Board of Commissioners Regular Scheduled Meeting 4. Presentations 4.A Proclamation - Fire Prevention Day - Saturday, October 26, 2024 - (Massengill) 4.B Economic Development Marketing Video - (Weis) 4.C Recognition - Inspections Department Staff - (Hinnant) 4.D Presentation - CAMPO Regional Transportation Safety Action Plan (Phase 1 Update) - (Kenneth Withrow, CAMPO Senior Transportation Planner) 5. Public Comment The public is invited to address the Town Board. 6. Items Tabled From Previous Meeting 6.A Developer Agreement - Town of Fuquay-Varina and DR Horton, Inc. - Vaughan Park Mixed-Use Development Project – (Davison) 6.B Zoning Map Amendment - D.R. Horton, Inc. - Vaughn Park Mixed-Use Development Project - 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) 6.C Voluntary Annexation Petition - Ball, David W Trustee, Lunette S Vaughan Trust FBO Gerald K Vaughan, 0, 0, 801, 809, 813, 817, 825, 829, & 833 Wilbon Road - PIN's 0657329194, FUQUAY-VARINA BOARD MEETING BOARD MEETING AGENDA OCTOBER 22, 2024 PAGE 2 0657421154, 0657413090, 0657425182, 0657514351, 0657426197, 0657427014, 0657428127, & 0657429148 - ANX-2023-08 - (Davison) 7. Public Hearing 8. Consent Agenda 8.A Special Event Application, Amplified Sound Permit, and Closure of Varina Parking Lot for the FVDA’s BBQ, Blues and Brews – Saturday, November 9, 2024 - (Famolare) 8.B Special Event Application and Amplified Sound Permit Request - Willow Spring High School Cross Country Team - WSHS Turkey Trot - 11-28-2024 - (Davison) 8.C Special Event Application and Amplified Sound Permit Request - Guardian Angel Thrift - Guardian Angel Candlelight Vigil - November 13, 2024 - (Davison) 8.D Resolution - Abatement Assessment - 1630 Lake Glen Dr - (Davison) 9. Items Removed From Consent This section is reserved for items removed from the consent agenda for separate consideration. 10. Administrative Reports 10.A Contract Award and Project Ordinance Amendment – BL-0038 Jones Street Sidewalk - (Poling) 10.B Downtown Generational Plan - (Seymour) 11. Other Business 11.A Manager's Report 11.B Quarterly Report - 1st Quarter FY 2025 11.C Spec. Book Updates - Informational Item - Public Utilities - (Poling) 11.D FV Downtown Association - Downtown Trick or Treat - Downtown Fuquay - Friday October 25, 2024 - 2:00 pm - 5:00 pm 11.E Police Department - Mental Health Resources Event - Saturday October 26, 2024 - 10:00 am - 2:00 pm - Southern Regional Center - 130 N. Judd Parkway NE 11.F Fuquay-Varina Fire Department - Open House - Saturday October 26, 2024 - 10:00 am - 2:00 pm 11.G FVDA BBQ, Blues and Brews - Saturday, November 9, 2023 - 12:00 pm - 4:00 pm - Varina Public Parking Lot 11.H Coffee with a Cop - Hilltop Park Clubhouse - 4621 Shady Greens Drive - Wednesday November 13, 2024 - 9:00 am - 10:00 am 2 FUQUAY-VARINA BOARD MEETING BOARD MEETING AGENDA OCTOBER 22, 2024 PAGE 3 11.I Town Code Amendment - Town of Fuquay-Varina - Land Development Ordinance (LDO) Amendment #28 - CTA-2024-03 - (FIRST READING) - (Davison) 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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