Board of Commissioners

Fuquay-Varina Town Board Meeting Minutes Book - Page Fuquay-Varina Town Board Meeting March 3, 2025 J. Blake Massengill, Mayor Marilyn Gardner, Mayor Pro-Tem The Regular Meeting of the Fuquay-Varina Town Board William H. Harris, Commissioner Bryan Haynes, Commissioner scheduled for Monday, March 3, 2025, at 7:00 p.m. was Charlie Adcock, Commissioner Jason Wunsch - Commissioner held at the Fuquay-Varina Town Hall, 134 N Main Street, Adam G. Mitchell, Town Manager Fuquay-Varina, NC. Mark D. Matthews, Assistant Town Manager James (Jim) E. Seymour, Assistant Town Manager Teresa Wilder, Town Clerk James S. Adcock, III, Town Attorney 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 7:06 pm. INVOCATION AND PLEDGE Commissioner Charlie Adcock provided the invocation, and Planning Director Pam Davidson led the Pledge of Allegiance. VIRTUAL MEETING PROTOCOL Town Manager Mitchell reviewed the meeting protocol, noting that it was in-person and live-streamed on the Town’s YouTube Channel and Facebook Page. APPROVAL OF MINUTES 3A The February 18, 2025, Town Board of Commissioners Regular Scheduled Meeting. MOTION: Commissioner Wunsch SECOND: Commissioner Adcock MOTION RESULTS: Passed Unanimously (5-0) PRESENTATIONS 4A Proclamation - National Procurement Month Purpose – For Mayor Massengill to present a proclamation recognizing National Procurement Month in Fuquay-Varina. Mayor Massengill acknowledged the dedication of individuals who play a crucial role in the town's operations, specifically highlighting those in procurement roles like Tiffany Marchman, who has made significant contributions to the Town of Fuquay-Varina through her work in the Procurement Department. PUBLIC COMMENTS 5A Emily Holloway, 312 Angier Road, spoke about what is happening in the Federal and State Governments and how citizens would be notified if there were a natural disaster. Cynthia Bertolero, 1112 Powder Court, is concerned about the four-lane road going through her subdivision and its impact on traffic and the kids playing in her neighborhood. ITEMS PREVIOUSLY TABLED 6A No items were previously tabled for the March 3, 2025, Town Board meeting. PUBLIC HEARINGS 7A Voluntary Annexation Petition - Dorsey A. Jackson, Jr. & Diana Jackson Smail, 1655 Holland Road - PIN 0676106515 - ANX-2025-01 Purpose – To consider approving 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 1655 Holland Road owned by Dorsey A. Jackson, Jr. & Diana Jackson Smail, PIN 0676106515, containing approximately 26.324 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 property is non-contiguous to the Town's corporate limits. Public water and sewer are not currently available to serve the subject property. The developer will extend the water supply, and a private septic system is proposed to serve the lots once they are developed. Once developed, Town sanitation and recycling services will serve the subject property. A fire flow test resulted in an adequate fire flow of 1,398 gallons per minute. Town sanitation and recycling services are available to serve the subject property. At the February 18, 2025, 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 at that time and met the requirements of the North Carolina General Statutes. The Town Board also adopted a resolution setting a public hearing for the March 3, 2025, Town Board meeting. The present total value of the properties being annexed is $1,386,040. Public Hearing — The public hearing was opened. Andy Petty, 205 S. Fuquay Avenue, spoke in favor of the voluntary annexation petition. Joseph Stevens, 1609 Holland Road, and Susan Ferraro, 8101 White Star Drive, spoke in opposition. Discussion — Mayor Massengill asked that anytime a piece of property has voluntarily requested to be annexed, that is the only property, and no surrounding properties can be forced into  annexation. Planning Director Davison stated that was correct by state law; no one can be annexed unless they voluntarily want to be. Mayor Massengill asked if the water line to be installed would cross any property or be installed in the right-of-way. Planning Director Davison explained that it would be installed in the right-of- way. Mayor Massengill asked if the annexation was just for water. Planning Director Davison explained that it would be just water with septic tanks. Mayor Massengill asked how stormwater would be treated for this property. Planning Director Davison explained that low-density neighborhoods generally do not supply because they do not have open section roads and ditches. They have impervious maximums and can’t exceed two dwelling units per acre. The stormwater off the roadway impervious surfaces is handled in the swales, so there will not be specifically stormwater ponds, but the stormwater and erosion control will have to be submitted with the CDs of the subdivision and show the drainage predevelopment and post-development off the property. Mayor Massengill asked if this property would be rezoned to show more density. Planning Director Davison stated that it will not be rezoned and that it is compliant with the land use plan. Recommendation – Adopt the annexation ordinance to extend the corporate limits of the Town of Fuquay-Varina to include property owned by Dorsey A. Jackson, Jr. & Diana Jackson Smail (ANX- 2025-01) and to approve the Declaration of Annexation Agreement as presented and recommended. Ordinance No. 25-08 MOTION: Commissioner Adcock SECOND: Commissioner Haynes MOTION RESULTS: Passed Unanimously (5-0) 7B Zoning Map Amendment & Land Use Plan Amendment - New Waters Recovery North Carolina RTC, LLC - 6321 Johnson Pond Road - PIN 0677277435 - REZ-2024-17 Purpose – To consider approving a requested zoning map amendment for a total of 13.90 acres, located at 6321 Johnson Pond 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 Mixed Residential Neighborhood (MRN) 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 property totals 13.90 acres and is within the Town's corporate limits. The parcel is generally wooded with a historic home, the J. Beale Johnson House, near the western property line. At the January 14, 2025, Wake County Historic Preservation Commission (WCHPC) meeting, the WCHPC granted a certificate of appropriateness for the construction of two secondary residential buildings to the rear of the main house, expansion of the garage to be converted into kitchen space, the addition of an accessible ramp, the addition of an entrance gate, and landscape improvements. The property is currently zoned Residential Agricultural (RA) Zoning District. The zoning map amendment petition requests approval from the Office & Institutional Conditional Zoning District (O&I-CZD). This zoning district is intended to permit professional and general office and institutional uses with public utilities. This district permits the development of office and institutional uses, including, but not limited to, private schools, hospitals, assisted living facilities, and nursing homes, as well as the integration of complementary retail uses to serve office and institutional uses and developments. Primary locations for office and institutional uses are at intersections, along arterial thoroughfares (freeways, expressways, and boulevards), and major and minor thoroughfares. Public utilities are required. The petitioner has requested that only the following use be permitted at the subject property) Hospital/Medical Center The petitioner has requested the following site-specific conditions be made applicable to the subject property: 1) Clients of the facility shall not be allowed to have a vehicle on-site during their stay on the Property. 2) The Property will be subjected to 24-hour live camera surveillance. 3) An ornamental gate will be installed and maintained at the Property's entrance. 4) The Residence Halls will have a nightly curfew for residents at 10:00 PM. 5) Buffers: a. Existing vegetation along the Northern boundary will be substantially preserved and enhanced to a Type A 40' wide Buffer. b. Existing vegetation along the Eastern boundary will be substantially preserved and enhanced to a Type B 50' wide Buffer. c. Existing vegetation along the Southern boundary will be substantially preserved and enhanced to a Type A+ 40' Buffer. d. Existing vegetation along the Western boundary will be substantially preserved and enhanced to a Type C 15' wide Buffer. 6) All exterior parking, drive, and pedestrian way lighting shall be decorative fixtures not to exceed 15 feet in height, black fixtures, and poles with cutoff optics to eliminate glare offsite. 7) The J. Beale Johnson House will be preserved as a historic landmark per the Certificate of Appropriateness granted by the Wake County Historic Preservation Commission on January 14, 2025, and the Town of Fuquay-Varina's ordinance designating it as a Fuquay- Varina Historic Landmark. To further protect the historic significance of the Property, if the rezoning is approved, the Applicant shall pursue a Deed of Easement for Historic Preservation to Capital Area Preservation, Inc. ("CAP"), subject to terms and conditions mutually agreed to by the Applicant and CAP. 8) The Hospital / Medical Center land use on the Property will only accept adult (eighteen (18) years or older) clients that voluntarily apply for treatment and, at the time of application for treatment, are deemed by a North Carolina licensed medical provider to be medically stable and free from acute mental health symptoms. For clarification, the Hospital / Medical Center land use will not accept any individual for treatment at the time of application or at any time during a treatment program on the Property, is seeking treatment pursuant to an involuntary commitment proceeding or other involuntary  commitment programs. The treatment program offered by the hospital / medical center for land use on the property will always be voluntary for the client. 9) The Hospital / Medical Center land use on the Property will establish and maintain rules and regulations for treatment, care, and services consistent with best practices and standards of a North Carolina licensed and nationally accredited behavioral health care organization providing voluntary treatment for substance abuse disorders. 10) Upon commercially reasonable requests of the Town Manager or his or her designee, the operator of the Hospital / Medical Center land use on the Property shall certify to the Town that it is in material compliance with these zoning conditions. Surrounding properties are generally residential, civic, and agricultural, with large, wooded areas surrounding the subject property. More specifically, the Meadow Bluffs subdivision is to the north, the Johnson Pond and Stillbreeze Manor subdivisions are to the northwest, the Millers Creek and Patriot Bluffs subdivisions are to the southeast, and the Sterling Ridge subdivision is to the south of the property. The American Legion Post and Johnson Pond are directly to the west of the subject property, while Fuquay-Varina Elementary School is located to the southwest. The 2040 Community Vision Land Use Plan (LUP) calls for the Mixed Residential Neighborhood (MRN) and Open Space (OS) classifications at the subject property. Since the requested zoning is incompatible with the designation of MRN, 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 and sewer utilities are available to serve the subject property. The subject property is located along Johnson Pond Road and has access to it. Johnson Pond Road is classified by the Town's 2040 Comprehensive Transportation Plan (CTP) as an 80-foot right-of- way and is identified as a two (2)-lane, median-divided roadway with side paths and a future carrying capacity of 10,800 ADT. It is currently a two (2)-lane road with a carrying capacity of 10,400 ADT. 2023 NCDOT traffic counts taken 0.65 miles south of the subject property indicated a volume of 8,500 ADT. The petitioner held a neighborhood meeting on November 7, 2024, at 6321 Johnson Pond Road. The meeting report is attached, and the staff takes no position regarding its content. The 2040 Community Vision Land Use Plan (LUP) calls for the Mixed Residential Neighborhood (MRN) and Open Space (OS) classifications. The petitioner has proposed a Land Use Plan amendment from the MRN and OS classifications to the Civic & Institutional (CIV) and Open Space (OS) classifications as it is more compatible with the proposed zoning classification and proposed use of the subject property. 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, public works complex, town hall, or other government- or mission-based services. Land classified as OS may be used for passive or active purposes. More passive areas are 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 outstanding natural beauty, environmental sensitivity, stormwater management benefits, viewsheds, or the protection of wildlife management areas. Examples of passive open spaces in the Town may include, but are not limited to, preservation or conservation easement areas, natural parks or preserves, cemeteries, or land dedicated as passive open space within residential neighborhoods, nonresidential centers, or mixed-use activity centers. Based on the property acreage and the current Land Use Designation of Mixed Residential Neighborhood (MRN), the Land Use Plan would support rezoning to a Planned Urban Development (PUD), which allows a density of up to 6 du/ac. This equates to 83 dwelling units. Allowable housing types in this district within the MRN designation include apartments, townhomes, row houses, and single-family homes. Rezoning to the RMU form-based zoning district is also supported by the MRN land use designation, which permits up to 6 du/ac and allows multifamily apartment-style residential, townhouses, and single-family homes. The requested zoning map amendment is consistent with the 2040 Community Vision Land Use Plan and supports the following LUP policies: 1) Policy 2.1: Encourage Infill Development & Redevelopment Inside Town Limits 2) Policy 4.6: Build Parks & Preserve Open Space As such, the requested Land Use Plan amendment is consistent with the 2040 LUP's vision and, if approved, with the proposed use. Staff has reviewed the proposed rezoning map amendment and has determined that it is in accordance with the Town's Land Development Ordinances and Land Use Plan for the following reasons: 1) Although the requested zoning map amendment is not consistent with the 2040 Community Vision Land Use Plan classification of Mixed Residential Neighborhood (MRN) 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 proposed zoning change. 2) The requested zoning district complements the existing uses in the general vicinity of the subject property, and the proposed use and site-specific conditions effectively manage the site's future development. 3) The requested zoning district supports the 2040 LUP's policy 2.1: Encourage Infill Development & Redevelopment Inside Town Limits. 4) The requested zoning district supports the 2040 LUP's policy 4.6: Build Parks & Preserve Open Space. Town staff has received a concern from a resident of a neighboring subdivision of the subject property. The resident expressed concern for the proposed use of the property as a substance abuse facility, citing its proposed use and operation near an elementary school, the American Legion Post, and residences, stating this facility would put kids at risk at the school and surrounding residents. The concerned resident also believes that adding to the historic property would diminish this portion of Johnson Pond. The resident states they do not favor the rezoning as it is inappropriate for their neighborhood. In response to the proposed use of on-site security measures, the petitioner has provided the Town with a list of the New Waters Recovery security plan and protocols. These measures are attached in the agenda abstract and include a listing of on-site security measures, additional assurances, and experience with the Raleigh facility operated by the New Waters Recovery firm. At the February 17, 2025, regular meeting, the Planning Board voted unanimously to recommend approval with the added condition that all patient treatment will be voluntary. After the Planning Board, the petitioner volunteered additional conditions (numbers 8-10 of Exhibit C included in item REZ-2024-17 Petition and as listed in this staff report above). These conditions respond to the concerns presented by a public member during the public hearing and some concerns shared by Planning Board members during the discussion. Public Hearing — The public hearing was opened. John Adcock, 202 E. Academy Street, and Justin McLendon, 503 Thorncrest Drive, Apex, NC, spoke in favor of the zoning map amendment and land use plan amendment. No one spoke in opposition to them. Discussion – Commissioner Harris asked what the treatment would be at this facility. Is it going to be a residential treatment facility or something like Oxford House that houses individuals who have addiction problems but are not necessarily involved in any treatment? Justin McLendon explained that the facility will be a licensed residential treatment center for individuals struggling with substance use disorders, and not like Oxford House. This facility will provide a higher level of care, with more regulations around what individuals can do and regulating the treatment services provided to the residents. Commissioner Harris asked if it would be a therapeutic community approach. Mr. McLendon explained that therapeutic community would not be the correct wording. Still, the facility would be a highly regulated treatment facility where it would provide care to individuals struggling with substance use disorder. The individuals would be medically stable and free from any acute mental health disorder or anything like that. Commissioner Harris asked what the age requirement would be. Mr. McLendon stated that the facility would be for adults only. Commissioner Wunsch asked for level one DWIs that would need to go through a 30-day inpatient treatment instead of being incarcerated, is that the type of service that this facility would provide? Mr. McLendon explained that it would be and that they are not an organization that would engage in certified DUI evaluations. Still, level one of treatment would be something that would be comparable to what is required. Commissioner Wunsch asked if the stay could be longer than 45 days. Mr. McLendon explained that the average stay would be 30 days, 45 days would be at the high end, and 60 days would be an outlier situation. Commissioner Adcock stated that he appreciates all the effort made to get the Preservation Society to approve of this. This is an important piece of property for Fuquay-Varina and a key piece as far as history is concerned for the Town. He suggested that there could be an opportunity before they open to having an open house for the community, and then maybe something annually. Commissioner Haynes asked if Police Chief Smith was okay with the security measures that will be put in place for the facility. Police Chief Smith explained that he could not speak about the security measures because he had not seen them to make sure they were adequate but would be open to working with them to ensure that they would be adequate. Commissioner Harris stated that the treatment milieu they are proposing for this property is an ideal site for this type of residential treatment, and trying to transform and help people who have addictive problems is a good approach. Recommendation – Recommend approval of REZ-2024-17, a zoning map amendment for 6321 Johnson Pond 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 Mixed Residential Neighborhood (MRN) 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 staff. Ordinance No. N-25-09 MOTION: Commissioner Adcock SECOND: Commissioner Harris  MOTION RESULTS: Passed Unanimously (5-0) 7C Zoning Map Amendment - Holland South Estates, LLC - 8514 Purfoy Road - PIN 0666613612 - REZ-2024-18 Purpose – To consider approving a requested zoning map amendment for 24.07 acres at 8514 Purfoy Road from the Residential Agricultural (RA) Zoning District to the Residential Medium Density Conditional Zoning District (RMD-CZD). Staff Comments – Planning Director Pam Davison entered the agenda abstract and supporting documents for this agenda item into the official record of the Town. She then provided general information about the agenda item and made the following remarks. The subject property totals 24.07 acres and is in the Town's extraterritorial jurisdiction (ETJ). The parcel is generally cleared for agricultural use by Three Blooms Farm and contains several existing structures and a pond. The property is currently zoned Residential Agricultural (RA) Zoning District. The zoning map amendment petition requests the approval of the Residential Medium Density Conditional Zoning District (RMD-CZD). This zoning district intends to permit proposed residential development and existing single-family detached dwelling units for medium-density urban residential (stick-built or modular) zoning lot development. The petitioner has requested that only the following use be permitted at the subject property: 1) Single-family detached homes only. The petitioner has requested the following site-specific conditions be made applicable to the subject property: 1) Maximum density of 2.1 units/acre. 2) Lots abutting the northern project boundary shall have a minimum lot size of 20,000 sf. 3) Lots abutting the northern project boundary shall contain a 10' preservation buffer that preserves select trees as identified on the approved preliminary subdivision plat. 4) Vinyl siding is not permitted. Vinyl windows, decorative elements, and trim are allowed. 5) No unit shall be constructed with an exterior elevation or color palette identical to the unit on either side or directly across the street. Homes throughout the subdivision shall utilize a varied color palette, including a minimum of three-color families for siding and varied trim, shutter, and accent colors complementing the siding color. 6) No unit on either side or directly across the street shall have the same roofline. 7) Garage doors shall contain windows, decorative details, and/or carriage-style adornments. 8) All windows shall be wrapped with minimally 1” x 4” trim material. 9) All homes will feature either a front porch or covered entry as noted below: i. Front porches shall be at least six feet (6’) deep and include a decorative post or column. ii. Covered entries shall be at least six feet (6’) deep and include a decorative bracket or adornment in lieu of a decorative post or column. iii. Front porch facades (porch fronts and returns) shall contain a minimum of 24” masonry or stone veneer material. 10) Each unit shall have a front door with a minimum of 25% glazing, transom, and/or door sidelights and stained or colored an appropriate color that compliments the house architecture, color, and style. 11) All homes shall be constructed with architectural shingles and have eaves that project at least 12 inches from the structure's wall. 12) Architectural Commitments. i. All homes will be constructed on 40” crawl space foundations minimally, measured from the top of the footing to the top of the foundation block along the front plane of each home only. ii. The applicant’s vision for the overall quality and preservation of architectural diversity will be upheld by the commitment and usage of four architectural design themes: Modern Farm, Cottage-Craftsman, Transitional (an attractive blend of traditional and modern design elements with a casual feel), and Timeless Designs (containing harmonious proportions that are well-considered, simple, and compliment the surrounding landscape).  iii. In addition, the applicant will commit to the use of at least 6 of the following design features or building materials on each home: - Dormer(s) - Hipped-roof(s) - Primed fiber cement cladding (allowing for diversity in color and appearance) - Brick veneers - Painted brick veneers - Stone veneers - Metal roofing - Screen porches - 3rd-car garages - Side load garages - Shutters 13) The rear or side façade of a home facing a public right-of-way shall contain at least three decorative elements such as, but not limited to, the following elements: - 2 or More Windows - Bay Window - Recessed Window - Decorative Window - Wrap-around porch or Side Porch - Enclosed Porch - Two or More Building Materials - Decorative Brick/Stone - Decorative Trim - Decorative Shake – Decorative Air Vents on Gable - Decorative Gable - Decorative Cornice - Column – Portico - Balcony - Dormer  - Shutters Surrounding properties are residential. More specifically, large residential lots are north of the property, while the Holland Hills, Amber Ridge, and The Preserves at Holland subdivisions are east, south, and northwest, respectively. The 2040 Community Vision Land Use Plan (LUP) calls for the Single-Family Neighborhood (SFN) classification at the subject property. Land classified as SFN is land formed as a neighborhood that includes one (1) housing type - single dwelling detached - on different lot sizes that vary enough to provide a range of home choices in the same neighborhood. Homes are oriented toward streets with rear yards larger than front yards. Some Single-Family Neighborhoods may mix lot and house sizes on the same block or provide accessory dwelling units. New Single-Family Neighborhoods should include a comprehensive and connected network of open spaces throughout the site to accommodate small parks, gathering spaces, and community gardens, preserve large tree stands, and help manage stormwater run-off. Internal streets and open space in new Single-Family Neighborhoods should be well-connected while also capitalizing on opportunities to connect with existing or future neighborhoods nearby. Single Family Neighborhoods are primarily residential but may include limited civic or ancillary nonresidential uses. This zoning map amendment supports the following LUP policies: LUP Policy 4.1: Manage Future Growth and Development in Accordance with the Priority Infrastructure Investment Areas Map, as the subject property falls within the Tier 2-R: Infill Investment Area, Residential. As such, the requested change is consistent with the 2040 LUP's vision. Public water and sewer utilities are available to serve the subject property. The subject property is located along Purfoy Road and has access to it. Purfoy Road is classified by the Town's 2040 Comprehensive Transportation Plan (CTP) as a 110-foot right-of-way. It is identified as being a four (4)-lane, median-divided roadway with sidepaths and a future carrying capacity of 36,600 ADT. It is currently a two (2)-lane road with a carrying capacity of 11,800 ADT. 2023 NCDOT traffic counts taken 0.18 miles north of the subject property indicated a volume of 9,600 ADT. The subdivision will also be required to connect to and extend the existing stub street Hembree Drive from the Amber Ridge subdivision. The petitioner held a neighborhood meeting on November 18, 2024, via the Microsoft Teams web application. The meeting report is attached, and the 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 map amendment is consistent with the 2040 Community Vision Land Use Plan for Single-Family Neighborhood (SFN) designation. 2) The requested zoning district complements the existing uses in the general vicinity of the subject property, and the proposed uses and site-specific conditions effectively manage the site's future development. 3) The requested zoning district supports the 2040 LUP's policy 4.1: Manage Future Growth and Development in Accordance with the Priority Infrastructure Investment Areas Map At its regular meeting on February 17, 2025, the Planning Board unanimously recommended approval. Public Hearing — The public hearing was opened. Andy Petter, 205 S. Fuquay Avenue, spoke in favor of the zoning map amendment. Cynthia Bertolero, 1112 Powder Court, spoke in opposition. Discussion — Mayor Massengill asked what was being proposed. Was it medium density? Planning Director Davison stated that it was medium density. Mayor Massengill asked what Amber Ridge's zoning was. Planning Director Davison explained that it was RMD, and this property would be the same as Amber Ridge. Mayor Massengill asked if this piece of property would follow all the development guidelines the Town has and if it is exempt from any rules. Planning Director Davison explained that some of the  benefits are to provide that transition. The petitioner is proposing larger lots than required on the northern side, and the lots will be bigger than Amber Ridge. Recommendation – Approve REZ-2024-18, a zoning map amendment for 8514 Purfoy Road, from the Residential Agricultural (RA) Zoning District to the Residential Medium Density Conditional Zoning District (RMD-CZD) as it is reasonable and in the best interest of the public for the reasons identified by management and staff. Ordinance No. N-25-10 MOTION: Commissioner Wunsch SECOND: Commissioner Adcock MOTION RESULTS: Passed Unanimously (5-0) 7D Zoning Map Amendment & Land Use Plan Amendment - MacKenan Property Group - 1900 & 1924 North Broad Street & 0 Dickens Road - PINs 0657772966, 0657774574, & 0657777463 - REZ-2024-20 Purpose – To consider approving a requested zoning map amendment for a total of 10.182 acres, located at 1900 & 1924 North Broad Street & 0 Dickens Road, from the Neighborhood Mixed Use (NMU) Zoning District and the Urban Mixed Used (UMU) Zoning District to the General Commercial Conditional Zoning District (GC-CZD) and the corresponding Land Use Plan amendment from the Suburban Commercial (SC) and Industrial (IND) classifications to the Suburban Commercial (SC) classification. 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 10.182 acres and are within the Town's corporate limits. The properties are generally wooded, and a commercial building on 1900 N Broad Street temporarily houses La Farm Bakery. The three (3) properties were zoned Neighborhood Mixed Use (NMU) Zoning District and Urban Mixed Used (UMU) Zoning District in May 2020 with the intent to develop the properties as a mixed-use center in coordination with 200 Dickens Road. Since then, the owners of 200 Dickens Road decided to move forward with plans to develop the property under the existing Heavy Industrial zoning. In 2022, the Town updated the Land Use Plan (LUP). It determined that without an integrated multi-parcel mixed-use development, the properties along N Broad Street are more suited for uses that support the Suburban Commercial (SC) land use classification. This requested zoning change to General Commercial will shift the properties into a zoning district more suitable for viable commercial development along the N Broad Street corridor and nullify the existing form-based master plan that promoted a connection to the adjacent parcel, which will now remain heavy industrial. The properties are currently zoned Neighborhood Mixed Use (NMU) and Urban Mixed Used (UMU) Zoning Districts. The zoning map amendment petition requests the approval of the General Commercial Conditional Zoning District (GC-CZD). This zoning district is intended to permit a mix of high-intensity nonresidential development of convenience services, retail, office, institutional, regional retail shopping, employment centers, and service uses. This district is generally located at intersections and along arterial roads (freeways, expressways, parkways, and boulevards) and major thoroughfares serving two (2) miles or greater in area. Public utilities are required. The petitioner has requested that the following uses be prohibited at the subject properties: 1) Live/Work Unit 2) Park & Ride 3) Transit Terminal Uses 4) Tattoo & Body Piercing 5) Tobacco and/or CBD Retailer 6) Pawnshop 7) Funeral Home 8) Vehicle/Charter Services 9) Place of Worship 10) Place of Worship, Temporary 11) Small Engine Repair 12) Automotive Paint/Body Shop 13) Car Wash, Temporary 14) Towing Service & Storage 15) Vehicle, Boat, Equipment Sales &/or Rental 16) Storage Facility 17) Electronic Sweepstakes Gaming Operation 18) Sexually Oriented Business 19) Beach Bingo 20) Automotive Repair The petitioner has also requested that the following site-specific conditions be made applicable to the subject properties: 1) Any required perimeter buffer abutting a residentially zoned property shall be planted with only evergreen plantings. Surrounding properties are primarily vacant, with commercial zoning across N Broad Street and some residential lots directly to the north. The Sheetz Gas Station is southwest of the Old Powell Road Intersection, and the Lane Professional Park, currently under development, is directly south across Old Powell Road. An Industrial Warehouse project is currently under site plan review for the adjacent property to the east. The 2040 Community Vision Land Use Plan (LUP) calls for the Suburban Commercial (SC) classification at 1900 & 1924 N Broad Street, but because 0 Dickens Road was previously acquired from 200 Dickens Road as part of the previous development plan, it is still classified as Industrial (IND). Since the requested zoning is incompatible with the designation of IND, 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 and sewer utilities are available to serve the subject properties. The subject properties are located along and can access N Broad Street and Old Powell Road. N Broad Street is classified by the Town's 2040 Comprehensive Transportation Plan (CTP) as a 200- foot right-of-way. It is identified as a six (6)-lane, median-divided roadway with side paths and a future carrying capacity of 79,900 ADT. It is a four (4)-lane road with a carrying capacity of 35,100 ADT. 2023 NCDOT traffic counts taken 0.4 miles north of the subject properties indicated a volume of 32,500 ADT. Old Powell Road is classified by the Town's 2040 Comprehensive Transportation Plan (CTP) as a 70-foot right-of-way. It is identified as a two (2) lane roadway with sidewalks and a future carrying capacity of 9,500 ADT. It is currently a two (2) lane road with a carrying capacity of 9,200 ADT. 2023 NCDOT traffic counts taken directly in front of the subject properties indicated a volume of 2,400 ADT. The petitioner held a neighborhood meeting via the Zoom web application on January 8, 2025. The meeting report is attached, and the staff takes no position regarding its content. The 2040 Community Vision Land Use Plan (LUP) calls for the Suburban Commercial (SC) classification at 1900 & 1924 N Broad Street and the Industrial (IND) classification at 0 Dickens Road. The petitioner has proposed a Land Use Plan amendment from the SC and IND classifications to the Suburban Commercial (SC) classification as it is more compatible with the proposed zoning classification and surrounding properties. Land classified as SC serves the daily needs of surrounding residential neighborhoods. New and redeveloped Suburban Commercial areas should include multiple buildings oriented toward a system of walkable internal streets. Central green and other public spaces throughout the development - pocket parks, public plazas, and outdoor dining areas - encourage community gathering and people-watching. Iconic building architecture and unified project development standards reinforce the site's unique sense of place. Cross-access between retail destinations should also be provided via internal roads with provisions for mobility access between buildings that support a park-once mentality (or walk-to, bike-to environment from surrounding residential neighborhoods). The requested zoning map amendment is consistent with the 2040 Community Vision Land Use Plan and supports the following LUP policies: 1) Policy 2.1: Encourage Infill Development & Redevelopment Inside Town Limits 2) Policy 2.6: Encourage Commercial Development 3) Policy 4.1: Manage Future Growth and Development in Accordance with the priority Infrastructure Investment Areas Map 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 Suburban Commercial (SC) and Industrial (IND), the petitioner has opted to request a change of the Land Use Plan to Suburban Commercial (SC), which is compatible with the proposed zoning change. 2) The requested zoning district supports the LUP's Policy 2.1: Encourage Infill Development & Redevelopment Inside Town Limits. 3) The requested zoning district supports the LUP's Policy 2.6: Encourage Commercial Development. 4) The requested zoning district supports the LUP's Policy 4.1: Manage Future Growth and Development in Accordance with the priority Infrastructure Investment Areas Map 5) The 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 its regular meeting on February 17, 2025, the Planning Board unanimously recommended approval. Public Hearing — The public hearing was opened. Beth Blackmon, 5410 Trinity Road, Ste 102, Raleigh, NC, and Kyle Greer, 315 N. Academy Street, Cary, NC, spoke in favor of the zoning map amendment and land use plan amendment. No one spoke in opposition to them. Discussion — Mayor Massengill asked about the project's timeframe. Mr. Greer explained that the details have not been worked out fully yet, so a date for the project could not be given. He reported that they are working with La Farm Bakery to try to work something out so they can stay.  Recommendation – Approve REZ-2024-20, a zoning map amendment for 1900 & 1924 North Broad Street & 0 Dickens Road, from the Neighborhood Mixed Use (NMU) Zoning District and the Urban Mixed Used (UMU) Zoning District to the General Commercial Conditional Zoning District (GC-CZD) and the corresponding Land Use Plan amendment from the Suburban Commercial (SC) and Industrial (IND) classifications to the Suburban Commercial (SC) classification as it is reasonable and in the best interest of the public for the reasons identified by management and staff. Ordinance No. N-25-11 MOTION: Mayor Pro-Tem Gardner SECOND: Commissioner Haynes MOTION RESULTS: Passed Unanimously (5-0) CONSENT AGENDA 8A. Special Event Application and Amplified Sound Permit Request - Fuquay-Varina Growers Market Purpose – To consider approving a Special Event Application and Amplified Sound Permit for the Fuquay-Varina Growers Market scheduled every Saturday from April 12, 2025, through September 6, 2025, as presented and recommended. Recommendation – Approve a Special Event Application and Amplified Sound Permit for the Fuquay-Varina Growers Market scheduled for every Saturday starting on April 12, 2025, through September 6, 2025, as presented and recommended. 8B. Special Event and Amplified Sound Permit Request – Mason Jar Lager Co - GOUGE Wrestling March 22, 2025 Purpose – To consider approving a Special Event Application and Amplified Sound Permit Request for the Mason Jar Lager Co-Gouge Wrestling scheduled for Saturday, March 22, 2025  Recommendation – Approve Special Event Application and Amplified Sound Permit Request for the Mason Jar Lager Co - GOUGE Wrestling scheduled for Saturday, March 22, 2025, as presented and recommended. 8C. Recreation Fee-In-Lieu – Holland South Estates Subdivision - SUB-PR-2024-04 Purpose – To consider accepting a fee-in-lieu for Recreation Unit Fees for the Holland South Estates subdivision for $65,404.96. Recommendation – Approve the fee-in-lieu request for the Holland South Estates subdivision for $65,404.96 for Recreation Unit Fees as presented and recommended. 8D. Utility Allocation Request - Holland Bluffs Subdivision (formerly Holland South Estates) Purpose – To approve a Utility Allocation Request for the Holland Bluffs Subdivision. Recommendation – Approve the recommended utility allocation request for the Holland Bluffs Subdivision as presented and recommended. 8E. Budget Amendment - Water Line Repairs - BA-25-18 - $100,000 Purpose – To consider approving a budget amendment to fund the expenses of emergency waterline repairs. Recommendation – Approve Budget Amendment BA-25-18 as presented and recommended. 8F. Budget and Project Ordinance Amendments - Waterline Projects - BA-25-19 and POA-25-20 Purpose – To consider amending a construction contract for $242,375 to Moffat Pipe, Inc. for additional construction work in the various Waterline Projects and approving the corresponding budget and project ordinance amendments. Recommendation – Approve the Budget Amendment (BA-25-19) and Project Ordinance Amendment (POA-25-20) for the Waterline Projects, amending the Moffat Pipe, Inc. contract to add the additional construction on W. Academy St. to the Waterline Projects contract in the amount of $242,375, as presented and recommended subject to Town Attorney review as to form. Ordinance No. N-25-12 8G. Utility Capital Project Allocations - POA 25-21 Purpose – To consider approval of a project ordinance to allocate capital project funding among the FY 2025 Public Utility capital projects. Recommendation – Approve Project Ordinance Amendment (POA 25-21) to allocate funding for utility capital projects. Ordinance No. N-25-13 A motion was made to approve all Consent Agenda Items 8A- 8H. MOTION Commissioner Wunsch SECOND: Commissioner Adcock MOTION RESULTS: Passed Unanimously (5-0) ITEMS REMOVED FROM CONSENT 9A There were no items removed from the Consent Agenda for separate consideration. ADMINISTRATIVE REPORTS 10A Contract Award - N. Ennis St. Waterline Replacement Project Purpose – To consider awarding a $1,745,457.10 construction contract to Pipeline Utilities, Inc. for the N. Ennis St. Waterline Replacement Project. Staff Comments — Public Utilities Director Mike Wagner entered the agenda abstract and supporting documents for this agenda item into the town's official record. He then provided information about the agenda item by making the following remarks. The Town was scheduled to open bids on the N. Ennis St. Waterline Replacement Project on January 23, 2025. Only one responsive bidder responded so the project was re-advertised again for bid opening on February 18, 2025. This waterline project will replace an old deteriorating waterline with a new ductile iron pipe. The new 4,100' waterline will be placed on N. Ennis St between N Main Street and E. Spring Street. This project is to be completed in 230 days. Four general contractors submitted bids, and the certified bid tabulation is attached. Pipeline Utilities, Inc. is the low bidder, with a total base bid amount of $1,745,457.10. Upon detailed review, Pipeline Utilities, Inc.'s bid was determined to be in order and following the requirements of the instructions to bidders. Additionally, Pipeline Utilities, Inc.’s references have been checked, and all recommendations have been positive. Staff and management recommend that the Town proceed with the award of $1,745,457.10 to Pipeline Utilities, Inc. Funding for the recommended waterline replacement project is budgeted. The project cost of $1,745,457.10 will be used from account 060-7131- 6006861—Waterline Replacement Projects. Discussion— Commissioner Adcock asked how old the current waterline is. Public Utilities Director Wagner stated that it was pre-1970s, and no records existed before 1970. This waterline  is over 50 years old and very restricted. Commissioner Adcock asked what he meant by restricted. Public Utilities Director Wagner explained that there is build-up in the pipe, and so without proper maintenance of flushing, it builds up over time. Mayor Massengill asked about water flow pressure to the fire hydrants, safety, and whether any fire hydrants would be replaced. Public Utilities Director Wagner explained that there would be no replacement for fire hydrants, and the existing ones would be used with their service lines. Recommendation – Approve and award a construction contract to Pipeline Utilities, Inc. to undertake the N. Ennis St. Waterline Replacement Project for $1,745,457.10 as presented and recommended, subject to Town Attorney review to form. MOTION: Commissioner Haynes SECOND: Mayor Pro-Tem Gardner MOTION RESULTS: Passed Unanimously (5-0) OTHER BUSINESS 11.A Manager’s Report Town Manager Adam Mitchell gave the additional following updates: o Parks and Recreation—The Parks and Recreation Department Spring youth sports season opened with 4,544 participants, an increase of 5% from the spring of 2024. Soccer is the most popular sport, with 2,069 participants. Summer camp registration has been launched at Hilltop Needmore Town Park Community Center and South Park Community Center. The new community center allows the Town to take about twice as many participants, but this program remains in high demand. As of 9:00 am this morning, 648 campers are registered, which is the capacity. o Police Officer Derrick Wilson launched the first-ever Criminal Justice Club at Herbert Akins Road Middle School. The club meets every Wednesday for 30 minutes to educate students about law enforcement and career opportunities in the field. This initiative is part of the police department’s efforts to begin recruiting early and identify individuals interested in pursuing careers in law enforcement. The plan is to expand this program to middle and high schools. o Fire — The new fire engines arrived last week and should be in service by the end of March. Staff is planning a commissioning service for the four new engines. Applications for the inaugural Fire Citizens Fire Academy closed last week, and we look forward to introducing the inner workings of the Fire Department to 15 excited citizens beginning March 11 th at Fire Station #4. o Arts Center — The competitive dance team returned from their first competition with multiple awards. The theatre will host two concerts this month: Rockland Road and Candlelight Celtic. o Finance – The Finance Department recently solicited bids for the fire engines financing, which should be presented to the Town Board at the second meeting in March. Departmental budget requests were received in February, and budget meetings began today. o Public Works — The Public Works Department has repaired the pedestrian crosswalk at the Park Depot Greenway and NC 55. It is now operational after being damaged by a vehicle collision in December. o Inspections – The Inspections Department has seen a steady increase in building permit activity since the beginning of the year. o Engineering – The Engineering Department has completed the HL-0028, Mill Creek/US 401 Intersection Operational Improvements and is moving to close out. They are working to complete an asset inventory and condition assessment of stormwater infrastructure in the downtown area. This assessment will help identify infrastructure that needs repair or upgrade. o Planning – Code Compliance Officer Jim Goral completed the State’s Plumbing Level 1 Certification class and plans to sit for the State Exam in June. o Public Utilities — The Public Utilities Department started replacing the waterlines on Main Street and W. Academy Street this morning. Construction will occur from 9:00 a.m. to 4:00 p.m. Dean Hardy was hired as a Distribution Operator in the water division. o Human Resources — The Human Resources Department is working with NeoGov and IT to transition to a new performance appraisal software integrated with other Town Human Resources software functions. They are also working with the UNC School of Government to provide on-site supervisory training for members of our staff who have supervisory responsibilities or may be future candidates for supervisory responsibilities.  o IT — The IT Department has deployed the Town’s AI-powered system, FVGPT, for staff. The system is intended to assist staff with initial contract reviews, generating website content, policy research, and searching town ordinances, to name a few. They are getting ready to perform an annual computer refresh and design a server upgrade that happens every five years. o He reported that with the inclement weather event, he wanted to thank the Public Works and Public Safety staff for doing a great job during the most recent winter weather events. Roads were back operational quickly, services were provided, and there was a quick response to public safety in inclement weather conditions. 11.B Coffee with a Cop - Eggs Up Grill - 1436 N Main Street – Wednesday, March 5, 2025 - 9:00 am - 10:00 am 11.C Police Department - Polar Plunge - Special Olympics Fundraiser - Saturday, March 15, 2025 - 11:00 am - 2:00 pm - ClubWorx - 100 Fitness Drive BOARD MEMBER COMMENTS Commissioner Harris expressed his admiration for the creativity showcased in the Town's annual State of the Town video, effectively communicating the community's initiatives and projects. He explained that it was a way to enhance what the town was doing, the projects, and the ability to communicate to the community all the work that the staff as a group were doing. He expressed that during the budget discussion, he would like to discuss how the Town will manage the museum, which records the Town’s history. He explained that this is an opportunity for the Town to invest in part of the community that can convey not only what we are doing today as far as the State of the Town message that was heard earlier but also talk about the history, how the Town has grown, and to educate those who come after this Board about the legacy of Fuquay-Varina. He noted that it could be an economic engine if the town could find a way to invest in the museum, enhance what is going on, and bring it into downtown. Commissioner Adcock reported that the State of the Town was excellent and made him proud to be a Fuquay-Varinan, and Mayor Massengill did a great job addressing the citizens. Commissioner Wunsch praised the State of the Town video, saying it's wonderful to reflect on the past year and celebrate the numerous accomplishments achieved by the community. Commissioner Haynes praised the State of the Town video, calling it "excellent." Last week, he joined Mayor Pro-Tem Gardner and Commissioner Harris at the North Carolina League of Municipalities' Town and State Dinner, where they met with state representatives Paré and Grafstein. The dinner featured informative speakers who provided insight into upcoming legislation in the General Assembly. He reported receiving positive feedback on two recent performances at the Arts Center, Shana Tucker’s concert and the Motown show. He visited the childcare network last week and read books to them, and then he and Carl Trice went to Harnett County Central Middle School and spoke to all three sessions on Black History to the students. Mayor Pro-Tem Gardner stated that the staff knocked it out of the park with the State of the Town video. She noted that the Black History stakeholders come up with the most remarkable celebrations for Black History Month. She reported that the Shana Tucker concert was terrific. She attended the North Carolina League of Municipalities State and Town Dinner, and there was a lot of discussion on the Hilltop Needmore Town Park and Community Center, and how they had been to see it, or if they had not been, they planned on coming to see it. Mayor Massengill stated that the State of the Town video that was shown tonight received many positive comments. He thanked staff for their hard work during the recent snow event, treating the roads, and partnering with NCDOT. He explained that there was a gas leak at 1010 Road and Highway 401 and stated that his thoughts were with all the public safety officials who were having to work late and for them to stay safe. The following are Mayor Massengill’s past and future events: Past Events 2/19 – CAMPO Executive Board Meeting 2/20 – Chamber Business After Hours 2/22 – Community Event for Fuquay Emergency Food Pantry  2/24 – Police Swearing In 2/25 – Chamber Ribbon Cutting -Carson Creative 2/26 – Chamber Board of Directors 2/28 – Metro Mayors Weekly Meeting 3/3 – State of the Town Address – 6:30 pm Upcoming Events 3/5 – Coffee with a Cop – Eggs Up Grill 3/7 – Metro Mayors Weekly Meeting 3/8 – FVDA Chili Cook-Off and Car Show – Varina Parking Lot 3/11 – FVDA Board Meeting 3/11 – Chamber Ribbon Cutting -Southeast Telephone Service 3/11 – Main Street Conference 3/14 – Metro Mayors Weekly Meeting 3/15 – FVPD Polar Plunge – ClubWorx 3/17 – Wake County Mayors Association 3/19 – CAMPO Exec. Board Meeting 3/21 – Chamber Ribbon Cutting – Wynns Family Psychology 3/22 – Chamber Nex Gen Entrepreneur Day 3/24 – Chamber Ribbon Cutting – Kick the Dust Up Cleaning Services ADJOURNMENT A motion was made to adjourn the meeting at 8:31 p.m. MOTION: Commissioner Wunsch SECOND: Mayor Pro-Tem Gardner MOTION RESULT: Passed Unanimously (5-0) The minutes from the March 3, 2025, regularly scheduled meeting of the Town Board of Commissioners are adopted this 24th day of March in the year 2025 in Fuquay-Varina, North Carolina.  FUQUAY-VARINA, NORTH CAROLINA J. Blake Massengill, Mayor ATTEST (TOWN SEAL) Teresa Wilder, Town Clerk