Board of Commissioners

Fuquay-Varina Town Board Meeting Minutes Book - Page Fuquay-Varina Town Board Meeting December 2, 2024 J. Blake Massengill, Mayor Marilyn Gardner, Mayor Pro-Tem William H. Harris, Commissioner The Regular Meeting of the Fuquay-Varina Town Bryan Haynes, Commissioner Board scheduled for Monday, December 2, 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 Mayor Blake Massengill, Mayor Pro-Tem Marilyn Gardner, Commissioners William Harris, Bryan Haynes, Charlie Adcock, and Jason Wunsch were in attendance. Also in attendance were Town Manager Adam Mitchell, Assistant Town Manager Mark Matthews, 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 7:00 pm. INVOCATION AND PLEDGE Commissioner Jason Wunsch provided the invocation, and Jill Donovan, with Donovan Manor, led the Pledge of Allegiance. VIRTUAL MEETING PROTOCOL Town Manager Mitchell reviewed the meeting protocol, noting that it was both in person and live-streamed on the Town’s YouTube Channel and Facebook Page. APPROVAL OF MINUTES 3A The November 19, 2024, Town Board of Commissioners Regular Scheduled Meeting and August 1, 2024, Town Board Economic Development Committee Meeting. MOTION: Mayor Pro-Tem Gardner SECOND: Commissioner Adcock MOTION RESULTS: Passed Unanimously (5-0) PRESENTATIONS 4A There were no presentations for the December 2, 2024 Town Board meeting. PUBLIC COMMENTS 5A No one chose to speak during public comments. ITEMS PREVIOUSLY TABLED 6A No items were previously tabled for the December 2, 2024 Town Board meeting. PUBLIC HEARINGS 7A Zoning Map Amendment & Land Use Plan Amendment - Thomas H Johnson, Jr., Williams Mullen - 5727, 5733, & 5803 Hilltop Road - PINs 0687293420, 0687292136, & 0687280920 - REZ-2024-11 Purpose – To consider a requested zoning map amendment for a total of 14.33 acres, located at 5727, 5733, & 5803 Hilltop Road, from the Residential Agricultural (RA) Zoning District to the Office & Institutional Conditional Zoning District (O&I-CZD) and the corresponding Land Use Plan amendment from the Single Family Neighborhood (SFN) and Open Space (OS) classifications to the Civic & Institutional (CIV) and Open Space (OS) classifications. 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 14.33 acres and are within the town's corporate limits. The Donovan Manor, a wedding event venue, is at 5727 and 5733 Hilltop Road. 5803 Hilltop Road is generally cleared. The properties are currently zoned Residential Agricultural (RA) Zoning District. The zoning map amendment petition requests approval of the Office & Institutional Conditional Zoning District (O&I-CZD), which is intended to permit professional and general office and institutional uses including but not limited to, public or private schools, hospitals, assisted living facilities, nursing homes and the integration of complementary retail uses to serve the office and institutional uses and developments. Primary locations for office and institutional uses are at intersections, along arterial thoroughfares (freeways, expressways, and boulevards), and primary and minor thoroughfares. Public utilities are required. The petitioner has requested that the following uses be prohibited at the subject property: 1) Home Occupation 2) Animal Hospital/Veterinary Clinic 3) Medical Offices 4) Ambulatory Healthcare 5) Assisted Living 6) Water/Wastewater Treatment Facility, Private 7) Cemetery/Memorial Park 8) Funeral Home 9) Hospital/Medical Center 10) Stadium/Arena Additionally, the petitioner has requested the following site-specific conditions be made applicable to the subject property: 1) A recombination plat of the three (3) parcels will be recorded. 2) Along the Northern property line and outside of the twenty (20) foot Private Utility Easement, a buffer consisting of a vegetative berm and plantings has been installed per the landscape plan dated September 1, 2023, and prepared by Parker’s Landscape Services, Inc. (“Landscape Plan”), attached as Exhibit A and incorporated herein by reference. The vegetative berm depicted on the Landscape Plan is between eight feet (8’) and ten feet (10’) in height at its highest points and between two feet (2’) and a half feet (2.5’) and three feet (3’) in height at its lowest points. The Applicant agrees to retain and maintain the berm and landscaping as shown on the Landscape Plan instead of a forty-foot (40’) Type A Buffer. 3) A site plan will trigger the construction and dedication of a greenway. The surrounding property is primarily residential, with large lot subdivisions to the north of the subject properties. The Terrible Creek Wastewater Treatment Plant is to the west. Currently under construction, Rowland's Grant subdivision is to the southwest. Additional surrounding property is forested or cleared for agricultural purposes. The 2040 Community Vision Land Use Plan (LUP) calls for the Single-Family Neighborhood (SFN) and Open Space (OS) classifications at the subject properties. Since the requested zoning is incompatible with these designations, the petitioner has included a Land Use Plan amendment as part of this zoning map petition, which will be described later in this report. Public water is available to serve the subject properties, however sewer is not available. The subject properties are located on Hilltop Road and have access to it. Per the Town's 2040 Comprehensive Transportation Plan, Hilltop Road is intended to be realigned to the west of the subject properties (NCDOT Project HL-0006). As such, right-of-way dedication and improvement are not required, and access will be maintained to serve the properties. The petitioner held a neighborhood meeting on September 17, 2024, at 5733 Hilltop Road, Fuquay-Varina, NC. The meeting report is attached. The staff takes no position as to its content. The 2040 Community Vision Land Use Plan (LUP) calls for the Single-Family Neighborhood (SFN) and Open Space (OS) classifications at the subject property. The petitioner has proposed a Land Use Plan amendment from the SFN and OS classifications to the Civic & Institutional (CIV) and Open Space (OS) classifications as they are more compatible with the existing use of the properties. Land classified as CIV is developed to support a building or complex of buildings that serve a public purpose, including, but not limited to, a library, school, church, police station, fire station, recreation centers, and assembly uses. Visual qualities of the buildings and their surrounding grounds should reinforce a specific brand and design character for Fuquay-Varina. Land classified as OS are areas represented by undisturbed or undeveloped land protected from future subdivision or development by federal, state, county, or town entities or by public, private, or non-profit organizations. The areas may be preserved because of their natural beauty, environmental sensitivity, stormwater management benefits, viewsheds, or the protection of wildlife management areas. The requested zoning map amendment is consistent with the 2040 Community Vision Land Use Plan and supports the following LUP policies: 1) Policy 2.6: Encourage Commercial Development 2) Policy 7.9: Position Fuquay-Varina for Place-Based Tourism As such, the requested Land Use Plan amendment is consistent with the 2040 LUP's vision and, if approved, with the current use. Management and staff recommend approval of the proposed zoning map amendment and corresponding Land Use Plan amendment as it is reasonable and in the best interest of the public for the following reasons: 1) Although the requested zoning map amendment is not consistent with the 2040 Community Vision Land Use Plan classification of Single-Family Neighborhood (SFN) and Open Space (OS), the petitioner has opted to request a change of the Land Use Plan to Civic & Institutional (CIV) and Open Space (OS), which is compatible with the existing use of the properties. 2) The requested zoning district supports the LUP's Policy 2.6: Encourage Commercial Development. 3) The requested zoning district supports the LUP's Policy 7.9: Position Fuquay- Varina for Place-Based Tourism 4) The proposed conditions offered as part of the petition align with the goals of the 2040 Land Use Plan and effectively plan for the future development potential of the site. At the November 18, 2024, regular meeting, the Planning Board voted unanimously to recommend approval. Public Hearing – The public hearing was opened. Anthony Bologna, 301 Fayetteville Street, Ste 1700, Raleigh, spoke in favor of the Zoning Map Amendment & Land Use Plan Amendment. No one spoke in opposition to the Zoning Map Amendment & Land Use Plan Amendment. Discussion – There was no discussion from members of the Town Board regarding this matter. Recommendation – Approve REZ-2024-11, a zoning map amendment at 5727, 5733, & 5803 Hilltop Road, from the Residential Agricultural (RA) Zoning District to the Office & Institutional Conditional Zoning District (O&I-CZD) and the corresponding Land Use Plan amendment from the Single Family Neighborhood (SFN) and Open Space (OS) classifications to the Civic & Institutional (CIV) and Open Space (OS) classifications as it is reasonable and in the best interest of the public for the reasons identified by management and staff. MOTION: Commissioner Haynes SECOND: Mayor Pro-Tem Gardner MOTION RESULTS: Passed Unanimously (5-0) 7B Zoning Map Amendment - Jason Galarneau, Gala Construction, LLC - 410 Wade Street - PIN 0666158757 - REZ-2024-15 Purpose – To consider a requested zoning map amendment for a total of 0.11 acres, located at 410 Wade Street, from the Residential Low Density (RLD) 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 0.11 acres and is within the town's corporate limits. It is generally cleared and used as access and parking for 408 Wade Street. 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. It generally applies only within and outside of the Judd Parkway loop. The TCR Zoning District requires the submittal of a master plan; however, proposed developments totaling four (4) lots or fewer are permitted to submit a plot plan instead 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) row house. The petitioner has requested that only row houses be permitted at the subject property. The petitioner has requested the following site-specific conditions be made applicable to the subject properties: 1) Fiber cement siding will be used. Vinyl may only be used on windows, decorative elements, and trim. 2) One ornamental tree will be planted in the front yard, Crepe Myrtle or similar. 3) Front door(s) will include partial glass. 4) Vinyl siding is prohibited except for windows, decorative elements, and trim. 5) The lot is only for residential purposes and will be developed with a single-family detached home. The surrounding properties consist of various residential densities, making up the neighborhoods that transition into downtown. 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 close to Downtown Fuquay or Downtown Varina. These neighborhoods offer different choices for residents wanting to live near and experience downtown. 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 to reinvest in the existing downtowns and neighborhoods. LUP Policy 4.1: Manage Future Growth and Development per 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 Wade Street and has access to it. Wade Street is classified as a local street in the Town's Community Transportation Plan (CTP). The street is a town-maintained road, so NCDOT traffic counts are not available. The petitioner held a neighborhood meeting on October 17, 2024, at 410 Wade Street, Fuquay-Varina, NC. The meeting report is attached. The 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 Town Center Residential (TCR) designation. 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 creating various housing types per the 2040 LUP's policy 4.1: Manage Future Growth and Development per the Priority Infrastructure Investment Map. At the November 18, 2024, regular meeting, the Planning Board voted unanimously to recommend approval. Public Hearing—The public hearing was opened. No one spoke in favor or opposition to the Zoning Map Amendment.  Discussion – There was no discussion from members of the Town Board regarding this matter. Recommendation – Approve REZ-2024-15, a zoning map amendment at 410 Wade Street, from the Residential Low Density (RLD) Zoning District to the Town Center Residential (TCR) Zoning District as it is reasonable and in the best interest of the public for the reasons identified by management and staff. MOTION: Commissioner Wunsch SECOND: Mayor Pro-Tem Gardner MOTION RESULTS: Passed Unanimously (5-0) CONSENT AGENDA 8A. Resolution to Condemn - Wilbon Road Water Tank Project and Sanford Waterline Conveyance Project - 916 Wilbon Road Purpose – To consider the adoption of a resolution instructing the Town Attorney to begin condemnation proceedings to acquire a portion of land and permanent and temporary public utility and access easements for the Wilbon Road Water Tank Project and the Sanford Conveyance Waterline Project located at 916 Wilbon Road (PIN 0657225933). Recommendation – Adopt the resolution authorizing the Town Attorney to proceed with condemnation proceedings to acquire a portion of land and permanent and temporary public utility and access easements located at 916 Wilbon Road (PIN 0657225933) for the Wilbon Road Water Tank Construction Project and the Sanford Conveyance Waterline Project, as presented and recommended. Resolution No. 24-1903 8B. Resolution to Adopt the 2024 Update of the Wake County Multi-Jurisdictional Hazard Mitigation Plan Purpose – Consider the resolution to adopt the 2024 update of the Wake County Multi- Jurisdictional Hazard Mitigation Plan. Recommendation – Approve the resolution to adopt the 2024 Wake County Multi- Jurisdictional Hazard Mitigation Plan as presented and recommended. Resolution No. 24- 1904 8C. Special Event Application and Amplified Sound Permit Request – Live Band at Mason Jar Lager Co. - December 14 & 21, 2024 Purpose – To consider approval of a Special Event Application and Amplified Sound Permit Request for a Live Band event at Mason Jar Lager Co. scheduled for Saturday, December 14, and Saturday, December 21, 2024. Recommendation – Approve Special Event Application and Amplified Sound Permit Request for the Mason Jar Lager Co. Live Band event scheduled for Saturday, December 14, and Saturday, December 21, 2024, as presented and recommended. A motion was made to approve all Consent Agenda Items 8A- 8C. MOTION Mayor Pro-Tem Gardner 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 There were no administrative reports for the December 2, 2024 Town Board meeting. OTHER BUSINESS 11A Manager’s Report Town Manager Adam Mitchell gave the additional following updates: o He informed the Town Board that the Jones Road elevated water tank would be drained this week for maintenance. o The adopted 2040 Comprehensive Transportation Plan has been updated on the Town’s GIS system and is now available for the public and development community to review. o Engineering Department – The Engineering Department has received 21 letters of interest from engineering firms for on-call services. The letters are being reviewed and scored and will be presented to the Town Board for recommendation and approval at the second meeting in January 2025. The 2024-2025 Pavement Preservation project bids will be opened on December 6th, and the Downtown Varina Pedestrian Improvements Project bids will be opened on December 12th. These two projects will be brought to the Town Board for recommendation and approval at the first meeting in January 2025. o Parks and Recreation—The Parks and Recreation Department is preparing for the annual Town Tree Lighting and Holiday Celebration this Thursday, December 5, 2025, at 6:00 p.m. at the Vance Street Parking Lot and throughout the Downtown area. Fleming Loop Park will be the host site for the NCFC National College Showcase Soccer Tournament on the weekends of December 6-8th and 13-15th.  o The Arts Center – The Arts Center Box Office is open to purchase tickets for the spring theater season. The programming in the spring includes music theater and a unique community celebration in honor and celebration of Black History Month. Spring classes are also posted, and more classes will be added. The Arts Center staff is working to have 30-night market vendors at the Tree Lighting Celebration this Thursday. A few single seats are still available for the FV Chorale Holiday Concert and the Gerald Parker Jazz Orchestra on December 20th. o Police Department – Corporal Matthew Jeslis and K9 Dash have received the Hometown Hero Award from John Heister Chevrolet and the North Carolina Auto Dealers Association. Officer Glen Ganzenmuller, through the career ladder, has been promoted to Corporal. The Police Department has completed the CALEA site assessment process. Chief Smith will meet with the CALEA Board this spring to defend the Town’s justification for being an accredited police agency. o Public Works—The Public Works Department has advertised a request for qualifications for construction manager at risk services for the Public Service Center Phase II Project Expansion Project. The Street Department has worked diligently to stay on schedule and completed all the leaf collections last week before the Thanksgiving Holiday. Thanks to the staff for their hard work in achieving this task in a short week. o Engineering Department—Engineering Director Matt Poling and Town Manager Mitchell met with a group of Wake County Managers and staff, along with representatives from NCDOT, to continue the dialog and conversations about how everyone can work collaboratively to improve the process of NCDOT projects moving through the system faster. 11.B Coffee with a Cop - Starbucks - 1380 N. Main Street – Wednesday, December 4, 2024 - 9:00 am - 10:00 am 11.C Tree Lighting and Holiday Celebration - Downtown Fuquay-Varina – Thursday, December 5, 2024 - 6:00 pm 11.D Fuquay-Varina Chamber of Commerce - Christmas Parade – Sunday, December 8, 2024 - 4:00 pm BOARD MEMBER COMMENTS Commissioner Harris expressed his hope that everyone had a joyous Thanksgiving celebration. He was enthusiastic about presenting to the Fuquay-Varina Leadership Academy earlier last month and attended the FACES Thanksgiving Celebration event. During his time at the National League of Cities conference, he spoke with a representative of CALEA about what it represented, and he is glad the Fuquay-Varina Police Department is pursuing this accreditation. Commissioner Adcock shared an inspiring encounter with a recently retired couple who had chosen Fuquay-Varina as their new home. Curious about their decision, he inquired about their reasons for relocating. The couple highlighted Fuquay-Varina's impressive safety rating as the primary factor influencing their choice. Expressing his gratitude, Commissioner Adcock extended heartfelt thanks to all law enforcement officers for their tireless dedication to safeguarding the town and creating a secure environment for the residents. Commissioner Wunsch warmly expressed that he hoped everyone had a delightful Thanksgiving, ushering in a period of excitement as December unfolds with its vibrant array of festive happenings. In expressing his heartfelt appreciation, he acknowledged the staff's unwavering dedication and hard work amidst the flurry of upcoming holiday events. Commissioner Haynes reflected on his experiences over the past month, sharing community engagement and service highlights. He spoke movingly about attending the FACES Thanksgiving service, emphasizing the beauty of witnessing diverse faith communities uniting in worship and support for FACES, a vital organization aiding countless Fuquay-Varina residents. He also shared how he assisted an Eagle Scout in earning their merit badge by answering questions about local traffic patterns, demonstrating his commitment to youth development. Expressing gratitude, Commissioner Haynes thanked all those who contributed to the successful Thanksgiving food giveaway at the Pine Acres Community Center, acknowledging the vital role played by the Police Department in ensuring smooth crowd control and traffic flow. Additionally, he revealed an upcoming Christmas food giveaway event soon. Lastly, he shared his experience of attending a meeting with public relations and communication students from NC State who were tasked to create innovative marketing plans for the Manifest program, enhancing its outreach every year. Mayor Pro-Tem Gardner hoped everyone had a joyous Thanksgiving holiday, acknowledging that the festive period is a wonderful reminder of the vibrant community we call home in Fuquay-Varina. As one of the busiest times of celebration approaches, she encouraged residents to take full advantage of the numerous holiday events across the town, hoping everyone would make an effort to participate and enjoy the festivities as much as possible. Mayor Pro-Tem Gardner expressed her enthusiasm for this special time of year, particularly the enchanting display of lights at Mineral Spring Park, which is always a highlight of her season. Furthermore, she announced that even more events are being added to the Varina District, adding to the excitement and variety of activities available to residents. Mayor Massengill joyfully announced that Thursday marks the official start of "Hallmark movie season" in Fuquay-Varina, with a delightful lineup of holiday events, including the tree lighting ceremony, festive sleigh rides, and numerous other exciting activities. He shared heartwarming feedback from children who cherish the opportunity to sing during the Tree Lighting Ceremony, a moment their parents eagerly anticipate witnessing. Mayor Massengill also highlighted the Food Pantry's recent success, having distributed over 100 meals to community members last Wednesday. He enthusiastically anticipated the upcoming holiday celebrations throughout the week and month ahead. The following are Mayor Massengill’s past and future events: Past Events 11/20 – CAMPO Executive Board Meeting 11/21 – Hometown Heros Event 11/21 – Chamber Business After Hours 11/23 – American Legion Post 116 – Chili Cook-Off 11/25 – Fuquay-Varina Food Pantry Thanksgiving Share 11/25 – Chamber Ribbon Cutting – Middle Creek Insurance Upcoming Events 12/3 – Chamber Ribbon Cutting – Vector Security 12/3 – Blake History Stakeholders Meeting 12/4 – Coffee with a Cop – Starbucks 12/5 – Chamber Ribbon Cutting – 50th Celebration – Noles Cabinets 12/5 – Christmas Tree Lighting 12/6 – Speaking at Blue Ribbon Celebration – 2nd Grade – Willow Springs Elementary 12/6 – Speaking at FV Choral Performance 12/8 – Chamber Christmas Parade 12/9 – Speaking to Lincoln Heights Students 12/10 – FVDA Board Meeting 12/10 – Leadership FV Graduation – 10th Anniversary 12/11 – Business Exchange Breakfast 12/12 – Town Employee Christmas Luncheon 12/12 – Chamber Business Afterhours 12/16 – Chamber Ribbon Cutting – Kilpatrick Irish Dance School  12/16 – Wake County Mayors Association Holiday Dinner 12.17 – Chamber Ribbon Cutting – Southern Wake Counseling Center ADJOURNMENT A motion was made to adjourn the meeting at 7:27 p.m. MOTION: Mayor Pro-Tem Gardner SECOND: Commissioner Wunsch MOTION RESULT: Passed Unanimously (5-0) The minutes from the December 2, 2024, regularly scheduled meeting of the Town Board of Commissioners are adopted this 17th day of December in the year 2024 in Fuquay-Varina, North Carolina. FUQUAY-VARINA, NORTH CAROLINA J. Blake Massengill, Mayor ATTEST (TOWN SEAL) Teresa Wilder, Town Clerk