TOWN OF FUQUAY-VARINA BOARD OF COMMISSIONERS REGULAR MEETING APRIL 3, 2017

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1 TOWN OF FUQUAY-VARINA BOARD OF COMMISSIONERS REGULAR MEETING APRIL 3, 2017 CALL TO ORDER Mayor John W. Byrne called the regular meeting of the Fuquay-Varina Board of Commissioners to order on April 3, 2017 at 7:00 p.m. Commissioners Present: Blake Massengill (Mayor Pro-Tem) Charlie Adcock Bill Harris Jason Wunsch Marilyn Gardner Commissioners Absent: None Others Present: Town Manager Adam Mitchell Assistant Town Manager Mark Matthews Town Clerk Rose Rich Town Attorney Mark Cumalander INVOCATION AND PLEDGE OF ALLEGIANCE Mayor Pro-Tem Blake Massengill gave the invocation and Town Attorney Mark Cumalander led the Pledge of Allegiance. APPROVAL OF THE MINUTES The February 18-20, 2017 Town Board Retreat and March 21, 2017, minutes of the regularly scheduled Town Board of Commissioners meetings were presented for approval. Commissioner Adcock MOTION RESULT: Passed Unanimously (5-0) PRESENTATIONS Agenda Item No. 4.A : Fuquay-Varina Police Department - Achievements

2 Police Chief Laura Fahnestock presented the following achievements of the Fuquay-Varina Police Department: Sergeant Brett Walsh 2016 F-VPD Employee of the Year Police Officer Donovan Welch Crisis Intervention Training Department Employee of the Year for the FVPD as awarded by NAMI Wake & the Wake County Crisis Intervention Team Sergeant Clara Dula Received Advanced Certificate from the NC Criminal Justice Education and Training Standards Commission Police Officer Hunter Lane - Received Intermediate Certificate from the NC Criminal Justice Education and Training Standards Commission Corporal Bryan Stancil - Promotion to Corporal within the career ladder program Corporal William "Gray" Hamilton - Promotion to Corporal within the career ladder program Lt. Chris Gathman and Lt. Scottie Hinton for completion of NC State University's Law Enforcement Executive Program (LEEP) Police Chief Fahnestock also stated that the Fuquay-Varina Police Department was one of the top 50 fundraising agencies (33rd) in North Carolina for the Law Enforcement Torch Run for Special Olympics in North Carolina. As such, Fuquay-Varina Police Department will be listed on the 2017 Torch Run t-shirts. Sergeant Walsh organized this effort. All funds raised by the Police Department will go to the North Carolina Special Olympics. The Mayor and members of the Town Board congratulated received the information as presented, and no further action was needed. PUBLIC COMMENT No one chose to address the Town Board during the public comments period. ITEMS TABLED FROM PREVIOUS MEETING: Agenda Item No. 6.A: Voluntary Annexation Petition - Morgan Development Company, LLC and 1955 Eddie Howard Road - PIN and PIN ANX Purpose The purpose of this agenda item is 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 owned by Morgan Development Company, LLC, located at 1829 and 1955

3 Eddie Howard Road, PIN and PIN , containing approximately acres. Staff Comments Town Manager Mitchell advised that the property contains approximately acres and it has road access at 1829 and 1955 Eddie Howard Road. The property is noncontiguous to the Town's corporate limits where water is available, and sewer is not yet available to serve the property. The petitioner has signed an annexation agreement as it relates to the provision of Town services. At the January 17, 2017 meeting, the Town Board instructed the Town Clerk to investigate the sufficiency of the applicant's petition for voluntary annexation and the Town Clerk certified at that time that the petition was sufficient and meets the requirements prescribed by the North Carolina General Statutes. The Town Board also adopted a resolution setting a public hearing for the February 6, 2017 Town Board meeting. At the February 6, 2017 public hearing, the Town Board motioned to continue the public hearing, and to also table consideration of approval of the voluntary annexation and the Declaration of Annexation Agreement, in order to give the Town Board ample time to take necessary action on the zoning petition for this property. The present total value of the property is $686,424. Public Hearing Mayor Byrne opened the public hearing, and he asked if anyone wished to speak in favor of the proposed annexation. Mr. Gregory Keith Morgan of Morgan Development Company (1920 Old Buies Creek Road, Angier), spoke in favor of the request. Mayor Byrne asked if anyone wished to speak in opposition to the proposed annexation. No one chose to speak in opposition to the proposed annexation ordinance. Mayor Byrne declared the public hearing closed. Board Member Discussion Commissioner Adcock asked for clarification on the 401 By-Pass as it relates to thoroughfares that might affect this property or adjoining property. Town Manager Mitchell stated that there has been some discussion about a potential 401 By-Pass in the future, but nothing in terms of an exact location and how it may affect the surrounding properties. Recommendation - Adopt an annexation ordinance to extend the corporate limits of the Town of Fuquay-Varina to include property owned by Morgan Development Company, LLC (ANX ) and to approve the Declaration of Annexation Agreement as presented and recommended. Ordinance No. N PUBLIC HEARINGS Agenda Item No. 7.A: Zoning Map Amendment - Stancil and Associates and 1955 Eddie Howard Road - Wake County PINs and REZ Purpose To consider a requested zoning map amendment for a total of acres, located at 1829 and 1955 Eddie Howard Road from the Wake County R30 Zoning District to the Residential Agricultural (RA) Zoning District. The subject properties are more particularly known as Wake County PINs and Staff Comments Town Manager Mitchell advised that the properties included were the subject of annexation petition, ANX , which necessitates application of the Town's zoning. The subject properties are currently within the Wake County R30 Zoning District. The zoning map amendment petition request is for a total of acres, which are currently undeveloped and vacant, but were formerly used for agricultural purposes and included a manufactured home as shown on the most recent aerial. Town Manager Mitchell also presented the following information:

4 ZONING: The zoning map amendment petition requests approval of the Residential Agricultural (RA) Zoning District. A residential density of two (2) dwelling units per acre is permitted in the RA Zoning District, which is primarily intended for single-family residential and agricultural uses. SURROUNDING USE: Surrounding properties are a mix of undeveloped land, single-family residential and agricultural uses. To the north is Judd Reserve, a single-family residential subdivision currently being developed within the Town's corporate limits. To the east of the subject property are agricultural uses. To the south of the subject property are single-family residential homes and a manufactured home park. West of the subject property is undeveloped land and a single-family home. LAND USE PLAN: The land use plan calls for a Low Density Residential (LDR) Classification on the subject properties and all surrounding properties. The requested zoning district is compatible with the land use classification. UTILITIES: Public water is available via a Town waterline in Kennebec Road. Development of the subject property would include extension of the waterline in Kennebec Road to the intersection of Eddie Howard Road, and continuing along the property frontage of Eddie Howard Road. Public sewer is not currently available. TRANSPORTATION: The subject properties have access onto Eddie Howard Road, classified as a 70-foot right-of-way by the 2006 Community Transportation Plan (CTP). Currently Eddie Howard Road has a design capacity of 10,000 average daily trips (ADT). The Town s 2006 Community Transportation Plan (CTP) designates Eddie Howard Road as a major thoroughfare with a three travel lanes within a 70-foot right-of-way, which will increase the design capacity to 12,000 ADT. The 2015 NCDOT traffic counts do not include Eddie Howard Road. This is typically an indication of very low traffic volumes. RECOMMENDATION: Staff recommends approval of the proposed zoning map amendment as it is consistent with the land use plan and reasonable and in the best interest of the public for the following reasons: 1) An annexation petition, ANX for the subject properties includes provisions for connection to public water and necessitates application of the Town's zoning. Access to public water only warrants the requested RA Zoning District. 2) The subject property is adjacent along its northern boundary to a single-family residential subdivision in the Town's corporate limits and within the Residential Agricultural (RA) Zoning District. The zoning district requested is also RA and will provide for consistency in the properties within the Town's corporate limits in this area. 3) The subject properties are within the Low Density Residential (LDR) Land Use Classification. The requested zoning district is compatible with this classification. On March 20, 2017, the Planning Board unanimously recommended approval of the zoning map amendment finding it consistent with the land use plan and reasonable and in the best interest of the public for the reasons identified by staff. Town Manager Mitchell advised that for the reasons stated, management and planning staff are recommending approval. Public Hearing Mayor Byrne opened the public hearing and he asked if anyone wished to speak in favor of the zoning map amendment. Mr. Lester Stancil of Stancil and Associates, P.O. Box 730, Angier, spoke in favor of the zoning map amendment on behalf of the property owner. Mayor Byrne asked if anyone wished to speak in opposition to the zoning map amendment. Ms. Wanda Pierce, a member of Bowden Bend Cattle Farm, LLC expressed the desires of the owners of the cattle farm that the developer place buffers along the adjoining property for current and future development. She also stated that the property owners would like to have a stub street leading to the west property line from the proposed development.

5 Staff Comments Town Manager Mitchell and Planning Director Smith stated that the stub street would not be a requirement for this development; however, it could be something that the developer and the adjoining property owner may wish to discuss. Board Member Discussion Commissioner Adcock asked about additional upgrades required for this development on Eddie Howard Road for this project. Planning Director Samantha Smith stated that the developer would be required to put in a portion of a travel lane and sidewalk, but not curb and gutter. Commissioner Adcock stated that he would like careful consideration of a stub street during the review and consideration of their preliminary plat. agreed with the comments made by Commissioner Adcock. Commissioner Harris encouraged the developer and adjacent property owners to discuss concerns that were presented during the public hearing. Recommendation - Approve REZ , a zoning map amendment petition for acres located at Wake County PINs and from the Wake County R30 Zoning District to the Residential Agricultural (RA) Zoning District. The proposed zoning map amendment is consistent with the land use plan and is reasonable and in the best interest of the public for the reasons presented by management and staff. Agenda Item No. 7.B: Zoning Map Amendment - Pulte Group S NC Hwy 55 - PIN REZ Purpose To open and continue a public hearing and table consideration of a requested zoning map amendment for a total of acres located at 7826 S NC Hwy 55 from the Wake County R30 Zoning District to the Residential Low Density (RLD) Zoning District. The subject property is more particularly known as Wake County PIN Staff Comments Town Manager Mitchell advised that the property is the subject of an annexation petition, ANX , currently under consideration by the Town Board. Additionally, it is the subject of an annexation agreement with the Town of Angier approved by the Town Board on February 21, 2017 and by the Angier Town Board on February 7, The property is currently vacant and was a portion of the former Hidden Valley Golf Course, as was much of the adjacent property. Town Manager Mitchell then presented the following information: ZONING: The property is located within the Wake County R30 Zoning District. The zoning map amendment requests approval of the Residential Low Density (RLD) Zoning District. A residential density of three (3) dwelling units per acre is permitted within the RLD Zoning District, which includes permitted uses customarily allowed within residential areas. SURROUNDING USE: Adjacent properties to the north and west are within the Town's Residential Low Density (RLD) Zoning District and are also part of the former Hidden Valley Golf Course. Adjacent properties to the south, within the Wake County R30 Zoning District, are located in the Ivy Creek single-family residential subdivision. Adjacent properties to the east include a single-family home and a church, both within the Wake County R30 Zoning District. LAND USE PLAN: The 2005 Land Use Plan does not identify the subject property, as it was formerly within the Town of Angier's Urban Service Area (USA), due to an overall annexation agreement between the two municipalities being in force at the time, which has since expired. The previously referenced annexation agreement adopted by both towns last month essentially took action to move this property to Fuquay-Varina's Urban Service Area. Adjacent properties to the north and west are within the Low Density Residential (LDR) Land Use Classification. Adjacent properties to the east and south area were also outside of the Town's USA, and are therefore not

6 included in the 2005 Land Use Plan. The requested zoning district, RLD, is consistent with the land use classifications of the adjacent properties within the Town's Urban Service Area (USA). UTILITIES: Public water and sewer will be made available to serve the subject property via extension of these utilities with future development. TRANSPORTATION: The subject property is currently landlocked. Access to the subject property will be provided via future development. RECOMMENDATION: Staff recommends approval of the proposed zoning map amendment as it is reasonable and in the best interest of the public for the following reasons: 1) An annexation petition, ANX , is under review of the Town Board for the subject property, and includes provisions for connection to public water and sewer. Annexation of the subject property necessitates application of the Town's zoning. 2) Access to public water and sewer warrants density, at a minimum, compatible with the requested RLD Zoning District. 3) The subject property is adjacent, along its northern and western boundaries, to properties within the Residential Low Density (RLD) Zoning District. The requested zoning district will provide for consistency in the properties within Town's corporate limits in this area. 4) The subject property is adjacent, along its northern and western boundaries, to properties within the Low Density Residential (LDR) Land Use Classification. Because there is no application of the Town's Land Use Plan at the subject property, the most appropriate application would be that of adjacent property with similar use and Land Use Classification. That classification, LDR, is consistent with the requested zoning district. Town Manager Mitchell advised that on March 20, 2017 the Planning Board unanimously recommended approval, pending approval of annexation petition, ANX He then stated that staff recommends opening, then continuing the public hearing to the April 18 th Town Board meeting to allow for the annexation petition of the subject property to be considered by the Town Board prior to the zoning on the same night. Public Hearing Mayor Byrne opened the public hearing and he asked if anyone wished to speak in favor of the proposed zoning map amendment. Mr. Jim Chandler of the Timmons Group, 5410 Trinity Road, Raleigh, spoke in favor of the request on behalf of the developer/petitioner Pulte Group. No one spoke in opposition. Board Member Discussion There was no discussion from members of the Town Board regarding this matter. Recommendation - Continue the public hearing and table consideration of REZ to the April 18, 2017 Town Board meeting. Commissioner Gardner Agenda Item No. 7.C: Zoning Map Amendment - JS Development Company and 1240 Kenneth Branch Drive - Portion of both Wake County PINs and REZ Purpose To consider a requested zoning map amendment for a total of acres, located at 1220 and 1240 Kenneth Branch Drive from the Residential Agricultural (RA) Zoning District to the

7 Residential Medium Density Conditional Zoning District (RMD-CZD). The subject properties are more particularly known as a portion of both Wake County PINs and Staff Comments Town Manager Mitchell advised that the subject properties are currently within the Town s extraterritorial jurisdiction (ETJ) and are within the Residential Agricultural (RA) Zoning District. The zoning map amendment petition request is for a portion of both of the subject properties and includes the acre portion of the total acres nearest to Bowling Road. The property is currently used for agricultural purposes. The remainder of both properties ( acres) is not included in the request and will remain in the Residential Agricultural (RA) Zoning District. Town Manager Mitchell then provided the following information: ZONING: The zoning map amendment petition requests approval of the Residential Medium Density Conditional Zoning District (RMD-CZD) for the portion of the subject properties included in the petition. A residential density of six (6) dwelling units per acre is permitted within the RMD Zoning District, which includes permitted uses customarily allowed within residential areas. The petitioner is requesting conditional zoning applicable to use of the subject property as follows: "single family homes only no duplexes". SURROUNDING USE: Surrounding properties are primarily single-family residential to the west and east of the subject property, including the Neil's Crossing subdivision, and also include some undeveloped land. These adjacent properties are within the Town's Residential Agricultural (RA) and Office & Institutional (O&I) Zoning Districts. Property to the north is largely agricultural in use but also includes a decommissioned Town wastewater treatment facility. Property to the south was recently rezoned, and has submitted as a single-family residential open space development. Surrounding properties to the north and south are located within the Residential Agricultural (RA), Heavy Industrial (HI), and Residential Low Density (RLD) Zoning Districts. LAND USE PLAN: The subject property is within the Medium Density Residential (MDR) Land Use Classification, as identified by the 2005 Community Land Use Plan. The requested RMD Zoning District is consistent with this classification. Surrounding properties are primarily within the Medium Density Residential (MDR) Land Use Classification, and also include Low Density Residential (LDR) and Office & Institutional (O&I) Classifications. UTILITIES: Public water is available via a Town water line extending along Bowling Road and Kenneth Branch Drive adjacent to the subject property. A public gravity sewer main located east of the subject properties is available. TRANSPORTATION: The subject properties have access onto Bowling Road and Kenneth Branch Drive. The 2006 Community Transportation Plan (CTP) classifies bowling Road as a local street. The CTP recommends no improvements to the existing right-of-way with future development. The current and ultimate design capacity is 10,000 average daily trips (ADT) on Bowling Road, and NCDOT traffic counts are not available due to low traffic volumes. Kenneth Branch Drive is a private unpaved road and will require improvements to meet Town standards should it be used for future development. RECOMMENDATION: Management and staff recommend approval of the proposed zoning map amendment for the following reasons: 1) The requested zoning district is consistent with the Land Use Plan classification of the subject properties. 2) Public utilities are available to serve the subject property and can support the density permitted by the zoning district requested.

8 3) The requested zoning condition providing for single family detached (no duplexes) allows for compatibility with the existing single-family residential development within the vicinity of the subject properties. For the reasons stated, the requested zoning map amendment is reasonable and considered in the best interest of the public. Town Manager Mitchell reported that at the March 20, 2017 Planning Board meeting, the Planning Board unanimously recommended approval, finding the request reasonable and in the best interest of the public for the reasons identified by staff. For those same reasons just identified, management recommends approval. Public Hearing Mayor Byrne opened the public hearing and he asked if anyone wished to speak in favor of the proposed zoning map amendment. Mr. Don Curry of Curry Engineering, 205 S. Fuquay Avenue, spoke in favor of the zoning map amendment. Mayor Byrne asked if anyone wished to speak in opposition to the proposed zoning map amendment. No one chose to speak in opposition to the zoning map amendment. Mayor Byrne declared the public hearing closed. Board Member Discussion Commissioner Adcock asked about a portion of the property that is not included in this zoning map amendment. Mr. Curry stated that the property owner wants to retain the portion of property that is not being rezoned. Recommendation - Approve REZ , a zoning map amendment petition for acres on a portion of Wake County PINs and from the Residential Agricultural (RA) Zoning District to the Residential Medium Density Conditional Zoning District (RMD-CZD). The proposed zoning map amendment is consistent with the land use plan and reasonable and in the best interest of the public for the reasons identified by staff. Commissioner Gardner Agenda Item No. 7.D: Voluntary Annexation Petition - Wayne M. Beavers & NGB Properties, LLC - 0 Lake Wheeler Road, 0 Lake Wheeler Road, 8536 Lake Wheeler Road and 8600 Lake Wheeler Road - PINs , , and ANX 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 owned by Wayne M. Beavers & NGB Properties, LLC located at 0 Lake Wheeler Road, 0 Lake Wheeler Road, 8536 Lake Wheeler Road and 8600 Lake Wheeler Road, containing approximately acres. Staff Comments Town Manager Mitchell advised that the property contains approximately acres and it has road access at Lake Wheeler Road. The property is non-contiguous to the Town's corporate limits and water and sewer is available to the property. At the March 21, 2017 Town Board meeting, the Town Board instructed the Town Clerk to investigate the sufficiency of the applicant's petition for voluntary annexation and the Town Clerk certified at that time that the petition was sufficient and meets the requirements prescribed by the North Carolina General Statutes. The Town Board also adopted a resolution setting a public hearing for the April 3, 2017 Town Board meeting. The present total value of the property is $1,900,811. Public Hearing Mayor Byrne opened the public hearing and he asked if anyone wished to speak in favor of, or in opposition to the proposed annexation petition. No one chose to speak in favor of, or in opposition to the proposed voluntary annexation petition. Mayor Byrne declared the public hearing closed.

9 Board Member Discussion There was no discussion from the members of the Town Board regarding this matter. Recommendation - Continue the public hearing and table consideration of adoption of the annexation ordinance to extend the corporate limits of the Town of Fuquay-Varina to include property owned by Wayne M. Beavers & NGB Properties, LLC (ANX ), until April 18, 2017, as presented and recommended. Agenda Item No. 7.E: Voluntary Annexation Petition - Harold Ray Estes Property NC Hwy 42 - PIN ANX 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 owned by Harold Ray Estes, located at 2995 NC Hwy 42, Willow Spring, NC (PIN ), containing approximately 1.40 acres. Staff Comments Town Manager Mitchell advised that the property contains approximately 1.40 acres and it has road access at 2995 NC Hwy 42, Willow Spring. The property is non-contiguous to the Town's corporate limits and water is available to the property, however sewer is not. The petitioner has signed an annexation agreement as it relates to the provision of Town services. At the March 21, 2017 meeting, the Town Board instructed the Town Clerk to investigate the sufficiency of the applicant's petition for voluntary annexation and the Town Clerk certified at that time that the petition was sufficient and meets the requirements prescribed by the North Carolina General Statutes. The Town Board also adopted a resolution setting a public hearing for the April 3, 2017 Town Board meeting. The present total value of the property is $411,337. Public Hearing Mayor Byrne opened the public hearing, and he asked if anyone wished to speak in favor of, or in opposition to the proposed voluntary annexation petition. No one chose to speak in favor or, or in opposition to the proposed voluntary annexation for ANX Mayor Byrne declared the public hearing closed. Board Member Discussion asked about any additional services that would be provided to this property upon annexation. Town Manager Mitchell stated that only water and police service would be provided as new services. He clarified that fire service is already being provided and that sanitation and recreation services are not applicable because of its current commercial use. He also stated that the long-term vision for this property and others like it nearby is to establish a commercial node in this area. Recommendation - Adopt an annexation ordinance to extend the corporate limits of the Town of Fuquay-Varina to include property owned by Harold Ray Estes (ANX ) as presented and recommended. Commissioner Adcock Ordinance No. N Agenda Item No. 7.F: Voluntary Annexation Petition - The C&P Falco Family Limited Partnership Hilltop Needmore Road - PIN ANX

10 Purpose To consider an annexation ordinance extending the corporate limits of the Town of Fuquay-Varina following receipt of a petition for voluntary annexation of property owned by The C&P Falco Family Limited Partnership, located at 5324 Hilltop Needmore Road (PIN ) containing approximately acres. Staff Comments Town Manager Mitchell advised that the purpose of this agenda item is 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 owned by The C&P Falco Family Limited Partnership, located at 5324 Hilltop Needmore Road (PIN ) containing approximately acres. The property contains approximately acres and it has road access at 5324 Hilltop-Needmore Road. The property is non-contiguous to the Town's corporate limits where water and sewer is available to the property. At the March 21, 2017 meeting, the Town Board instructed the Town Clerk to investigate the sufficiency of the applicant's petition for voluntary annexation and the Town Clerk certified at that time that the petition was sufficient and meets the requirements prescribed by the North Carolina General Statutes. The Town Board also adopted a resolution setting a public hearing for the April 3, 2017 Town Board meeting. The present total value of the property is $2,059,820. Public Hearing Mayor Byrne opened the public hearing and he asked if anyone wished to speak in favor of the proposed voluntary annexation petition. Mr. Jim Chandler of the Timmons Group, 5410 Trinity Road, Raleigh, spoke in favor of the annexation petition on behalf of the developers. Mayor Byrne asked if anyone wished to speak in opposition to the annexation petition. No one chose to speak in opposition to the annexation petition for ANX Mayor Byrne declared the public hearing closed. Board Member Discussion There was no discussion among members of the Town Board regarding this matter. Recommendation - Continue the public hearing and table consideration of adoption the annexation ordinance to extend the corporate limits of the Town of Fuquay-Varina to include property owned by The C&P Falco Family Limited Partnership (ANX ) until April 18, 2017, as presented and recommended. Agenda Item No. 7.G: Town Code Amendment - Comprehensive Amendment to the Land Development Ordinance (LDO) - CTA Purpose To consider a recommended text amendment to the Town Code of Ordinances, Part 9 Land Development Ordinance that addresses several areas for clarity and improvement. Staff Comments Town Manager Mitchell advised that the amendment is a comprehensive list of changes, proposed for several reasons. The majority of the changes are necessary in order to maintain the intent of the recently adopted Land Development Ordinance (LDO). The proposed changes clarify and make technical corrections following the recent adoption of the Land Development Ordinance (LDO), and allows for the proper function and intent of the LDO to be maintained as Town Staff and the community have had experience using the recently adopted ordinance. Outside of reference corrections, clarification, amendments to correlate with regulations listed differently elsewhere in the LDO, grammar, and language, a limited number of substantive amendments were explained by Town Manager Mitchell as follows: The maximum building height has been increased from 50 to 65 feet in the O&I and NC Zoning Districts to correlate with the maximum height permitted in other nonresidential districts.

11 A provision was added to allow for building expansions less than 40% of the size of the existing building to provide a landscape buffer in lieu of installation of architectural materials required for new construction. An exception was added to the requirement for dedicated parking for USPS mandated mailbox kiosk locations to allow small townhouse developments to opt of the dedicated parking. Town Manager Mitchell advised that the Town Code Amendment is considered to be reasonable and in the best interest of the public, as it improves upon the Land Development Ordinance intent to modernize, provide sustainability, and allow for ease of use and enforcement, specifically in regards to the Town's current regulations. For these reasons, management and staff recommend approval of the town code amendment. He reported that on March 20, 2017 the Planning Board unanimously recommended approval with recommended changes, outlined in the attachment. Town Manager Mitchell then reviewed the changes as recommended by the Planning Board. Public Hearing Mayor Byrne opened the public hearing and he asked if anyone wished to speak in favor of, or in opposition to the proposed Comprehensive Amendment to the Land Development. No one chose to speak in favor or, or in opposition to the proposed Comprehensive Amendment to the Land Development Ordinance (CTA ). Mayor Byrne declared the public hearing closed. Board Member Discussion asked about parking and mailbox kiosk requirements as it relates to the LDO amendments. Town Manager Mitchell stated that the amendment eliminates the need for parking for townhomes with 30 or less units but that one handicap and one standard parking space would be required for every 60 additional units. Mayor Pro-Tem Massengill offered that this matter may need to be revisited if there are future issues with the requirements. Recommendation - Approve CTA , comprehensive town code amendment to the Town Code of Ordinances, Part 9 Land Development Ordinance as presented and recommended. The text amendment is consistent with the adopted Land Development Ordinance, as it clarifies and makes technical corrections to language included in the ordinance and improves upon the Town's regulations. For these reasons the amendment is reasonable and in the best interest of the public. Commissioner Adcock Commissioner Harris Ordinance No. PZ CONSENT AGENDA Agenda Item No. 8.A: Voluntary Annexation Petition - Raleigh Highway 55 LLC S NC 55 Hwy - PIN ANX Purpose To consider the adoption of a resolution instructing the Town Clerk to investigate an annexation petition and to adopt a resolution setting a public hearing for April 18, 2017, following the receipt of a petition for voluntary annexation of property owned by Raleigh Highway 55 LLC located at 7826 S NC 55 Hwy, containing approximately acres. Recommendation Adopt the resolution instructing the Town Clerk to investigate the voluntary annexation petition, and adopt the resolution setting the public hearing for a voluntary annexation petition on April 18, 2017, for property owned by Raleigh Highway 55 LLC (ANX ) as presented and recommended. Resolution No &

12 Agenda Item No. 8B: Budget Amendment - Recognize Revenue from UNC Chapel Hill - Safe Routes to School Grant - BA $15,000 Purpose To consider recognition of $15,000 in Safe Routes to School Grant funding to support an improved pedestrian crossing at Bridge Street and McLean Street near Lincoln Heights Elementary. Recommendation Approve Budget Amendment that recognizes $15,000 in Safe Routes to School Grant revenue from UNC Chapel Hill to support pedestrian improvements near Lincoln Heights Elementary School. Agenda Item No. 8.C: Budget Amendment - West Academy Street - Sidewalk Project - BA $10,000 Purpose To consider a budget amendment for the West Academy Street Sidewalk Project in the amount of $10,000. Recommendation Approve Budget Amendment for the West Academy Street Sidewalk Project as recommended. A motion was made to approve all items A-C on the Consent Agenda as recommended. ADMINISTRATIVE REPORTS Agenda Item No. 10.A: Project Ordinance Amendment - Southern Street and Bridge Street Infrastructure Improvements - $40,000 Purpose To consider a project ordinance amendment to the Southern Street Paving/Bridge Street Infrastructure Improvements project. Staff Comments Town Manager Mitchell advised that as a part of the Town's agreement with Norfolk Southern Railroad to obtain new at grade crossings for Southwest and Northwest Judd Parkway, the Town agreed to pave Southern Street and close 5 existing railroad crossings. With the construction of Southwest Judd Parkway, the Town closed the Railroad Street crossing and the private crossing near the former Bob Barker warehouse along Main Street and Wake Chapel Road. When the NW Judd Parkway crossing goes into service, the Town will be required to close the crossings at Washington Street and Coley Farm Road and Southern Street be improved at that time. Town Manager Mitchell reported that Town staff has partnered with Wake County and will utilize Community Development Block Grant (CDBG) program funding to support the construction of Southern Street and water line improvements to continue investment in a lower income area within Town. The County CDBG award represented a total project amount of $234,900 with 80% funding from CDBG and 20% Town matching funds. The Town awarded the project to Pacos Construction in the amount of $227,830. After award of the project, the Town

13 Board increased the project ordinance by $10,000 to cover additional contract requirements that were added as a result of the CDBG funding source and some additional utility work that was outside the original scope. Town Manager Mitchell advised that since construction has begun, the project has encountered additional findings. These findings are the result of additional infrastructure qualities not apparent at the time of design. Additional quantities related to water services were discovered and are necessary to fully address the scope of work needed to complete the project. He shared that at this time, the addition of $40,000, to cover additional work and have some contingency is reasonable and necessary, of which $14,720 is proposed to be funded by the Enterprise Fund as this work directly supports planned projects modernizing the Town's waterlines. An additional $25,280 in Community Development Block Grant (CDBG) funds is also available to match this budget increase. Town Manager Mitchell stated that Town staff is continuing to look for opportunities to save funds in the remainder of the contract administration. Additionally, he remarked that Town staff is working to negotiate the contractor's price for the additional work and will be looking for cost savings opportunities for other contract items. This brings the total CDBG funding for this project to $213,200, which represents approximately 75% of the total project cost. Town Staff believes the final price to be reasonable and consistent with current market prices for this type of work. Wake County allotted $330,000 in CDBG funding for each of the local municipalities in their 5-year plan that runs from The CDBG contribution for this project along with the programmed CDBG funds for the Burton Street Waterline Replacement (previously approved by the Town Board) will allow the completion of all the programmed projects in the CDBG plan. The total for these projects utilizes all of the CDBG funding available at this time. In order to continue progress on the multiple components of this important project, management and staff recommend approval. The proposed project ordinance amendment would transfer $14,720 from the Enterprise Fund for Water - Miscellaneous Projects to the Southern Street Paving and Bridge Street Infrastructure Improvements. This brings the total project budget to $284,900, of which $213,200 in matching funds is available from CDBG, with the remainder from the Enterprise Fund. Board Discussion Mayor Byrne asked about the timeframe to complete the project. Engineering Director Tracy Stephenson stated that the project should take less than sixty day to complete, should the weather remain favorable. Recommendation Approve a project ordinance amendment to the Southern Street Paving/Bridge Street Infrastructure Improvements Project in the amount of $40,000 as presented. Commissioner Harris Ordinance No. N Agenda Item No. 10.B: Preliminary Subdivision Plat - South Lakes SF 10 - SUB-PR Purpose To consider a preliminary subdivision plat submitted by Withers Ravenel called South Lakes SF-10, located at 7613 Kennebec Road. Staff Comments Town Manager Mitchell advised the submitted preliminary subdivision plat, South Lakes SF-10, is located at 7613 Kennebec Road on acres in the Planned Unit Development (PUD) Zoning District. The plans were submitted in compliance with the approved master plan for the larger South Lakes development. Because this project was submitted as part of an approved master plan, compliance with the regulations contained in the Land Development Ordinance (LDO) is not reflected herein, and review and approval of the preliminary plat is required. Town Manager Mitchell then provided the following additional information: SUBDIVISION INFORMATION: The preliminary subdivision proposes 75 residential lots meeting the standards for planned unit developments. The minimum lot size permitted is 10,000 square feet. The minimum lot size provided is 10,226 square feet, with an average lot size of 12,234

14 square feet. In accordance with the total acreage, 16.8 acres of open space is required. There are acres of open space provided. TRANSPORTATION: Vehicular access to the site is provided via a single public street entrance from Kennebec Road. No improvements are required by the Town along Kennebec Road due to the limited road public right-of-way frontage; however NCDOT may require improvements at future construction drawing submittal. UTILITIES: The subdivision is within the Town limits and will have available public water and sewer service installed by the developer. Easements are provided through the development to allow for future sewer connection for adjacent properties should it be warranted. The proposed preliminary subdivision plat meets all Town requirements; as such management and planning staff recommend approval. On March the Planning Board unanimously recommended approval. Board Discussion There was no discussion from members of the Town Board regarding this matter. Recommendation Approve the South Lakes SF 10 Preliminary Subdivision Plat, SUB-PR , located at 7613 Kennebec Road as presented and recommended. Commissioner Gardner Agenda Item No. 10.C: Preliminary Subdivision Plat - Brighton Ridge - SUB-PR Purpose To consider a preliminary subdivision plat submitted by Curry Engineering called Brighton Ridge, located at 9821 Lake Wheeler Road. Staff Comments Town Manager Mitchell advised the submitted preliminary subdivision plat, Brighton Ridge, is located at 9821 Lake Wheeler Road on acres in the Town's Residential Medium Density (RMD) Zoning District. A small portion of the project area is located within the Residential Agricultural (RA) Zoning District; however this portion of the project area includes right-of-way only and does not propose any residential construction. A preliminary subdivision plat under the same name was submitted for the subject property in This plat was approved by the Town Board; however that approval has since expired. This subdivision plan was revised and submitted under the regulations contained in the Land Development Ordinance (LDO). Town Manager Mitchell then provided the following additional information: SUBDIVISION INFORMATION: The preliminary subdivision plat proposes 164 residential lots meeting the standards for open space developments; following the 18% open space dedication option. The minimum lot size permitted is 7,000 square feet. The minimum lot size proposed is 7,275 square feet, with the average lot size being 10,299 square feet. Following the 18% open space dedication option, a minimum of acres of overall open space with 3.75 acres of common green area is required. There are acres of overall open space with 4.25 acres of common green area provided. The total project area is divided into four (4) phases. TRANSPORTATION: Vehicular access to the project area is provided via public street entrances onto both Lake Wheeler Road and Hilltop Needmore Road. There is limited public right-of-way frontage onto both NCDOT roads. However, right-of-way dedication is required and proposed as both are identified as four (4) lane divided thoroughfares with a median in the Town's Community Transportation Plan (CTP). Stub-out street connections are proposed to both the east and west of the project area for future connectivity. For pedestrian access, sidewalk is included along Lake Wheeler Road and a side path is included along Hilltop Needmore Road. Both pedestrian facilities will be connected to sidewalks internal to the subdivision. Additionally, a voluntary

15 greenway easement is provided along the northern boundary of the project area to allow for future construction of a greenway. UTILITIES: The subdivision is within the Town's extraterritorial jurisdiction (ETJ). Annexation of the project area will be required to provide for the necessary connection to public water and sewer service. Both utilities will be installed by the developer, including a sewer pump station. Easements are provided through the development to allow for future sewer connection for adjacent properties should it be warranted. The proposed preliminary subdivision plat meets all Town requirements; as such staff recommends approval, subject to voluntary annexation, which must take place prior to approval of construction plans. On March 20, 2017 the Planning Board unanimously recommended approval. Board Discussion There was no discussion from members of the Town Board regarding this matter. Recommendation Approve the Brighton Ridge preliminary subdivision plat, SUB-PR , located at 9821 Lake Wheeler Road, as presented and recommended subject to voluntary annexation prior to approval of construction plans. Commissioner Gardner Agenda Item No. 10.D: Preliminary Subdivision Plat - Hidden Valley - SUB-PR Purpose To consider approval of a preliminary subdivision plat submitted by Timmons Group called Hidden Valley, located at 7824 S NC Hwy 55. Staff Comments Town Manager Mitchell advised the submitted preliminary subdivision plat, Hidden Valley, is located at 7824 S NC Hwy 55 on acres in the Residential Low Density (RLD) Zoning District. The plans were originally submitted in 2016 under Town Code of Ordinances, Part 9 Planning & Regulation of Development but were redesigned and resubmitted under the Land Development Ordinance (LDO) after it was adopted. Town Manager Mitchell then provided the following additional information: SUBDIVISION INFORMATION: The preliminary subdivision proposes 505 residential lots meeting the standards for open space developments following the 25% open space dedication option. The minimum lot size permitted and proposed is 7,000 square feet. The average lot size is 9,459 square feet. Following the 25% open space dedication option; a minimum of acres of overall open space with acres of common green area is required. There are acres of overall open space with acres of common green area provided. TRANSPORTATION: Vehicular access to the project area is provided via public street connections to S NC Hwy 55 and Purfoy Road. Development of the project area requires construction and dedication of half of the three (3)-lane cross-section in a 70-foot right-of-way on Purfoy Road, as included in the Town's Community Transportation Plan (CTP). This section provides for open ditches and a sidewalk along one (1) side. The developer has proposed to install curb and gutter in-lieu of the ditch; this provision is consistent with the draft CTP and has been approved by the Town's Engineering Department. The current approved cross-section for S NC Hwy 55 is a four (4) lane median divided thoroughfare within a 120-foot right-of-way. These improvements are required along the entire frontage of the project area along both rights-of-way. The required traffic impact analysis (TIA) calls for left and right turn lanes on both S NC Hwy 55 and Purfoy Road. The developer will also be required to install a right turn lane on Holland Road at the intersection with S NC Hwy 55, which is warranted due to increased demand created by this development. A total of six (6) stub-out streets are proposed. Three (3) of the stub-out streets provide connections to existing stub-out streets, providing immediate connectivity. The remaining

16 proposed stub-out streets provide for connectivity with future development. An extensive pedestrian sidewalk network is proposed internal to the development, with connection and continuation to the required sidewalk along Purfoy Road. UTILITIES: The subdivision is within the Town's corporate limits. Both water and sewer service will be installed by the developer, including a sewer pump station. The proposed preliminary subdivision plat meets all Town requirements, and as such management and staff recommend approval subject to approval of annexation petition, ANX , and zoning map amendment request, REZ On March 20, 2017, the Planning Board voted 5-1 to recommend approval. Board Discussion There was no discussion from members of the Town Board regarding this matter. Recommendation Approve the Hidden Valley preliminary subdivision plat, SUB-PR , located at 7824 S NC Hwy 55, as presented and recommended subject to approval of an annexation petition, ANX , and zoning map amendment petition, REZ Commissioner Harris Commissioner Gardner Agenda Item No. 10.E: Preliminary Subdivision Plat - Ryan Place - SUB-PR Purpose To consider a preliminary subdivision plat submitted by Timmons Group called Ryan Place, located at 1335 Bowling Road. Staff Comments Town Manager Mitchell advised the submitted preliminary subdivision plat, Ryan Place, is located at 1335 Bowling Road on acres in the Residential Low Density (RLD) Zoning District. This project was submitted in compliance with the Town's Land Development Ordinance (LDO). Town Manager Mitchell then provided the following additional information: SUBDIVISION INFORMATION: The preliminary subdivision plat proposes 63 residential lots meeting the standards for open space developments, following the 25% open space dedication option. The minimum lot size permitted and proposed is 7,000 square feet. The average lot size is 7,685 square feet. Following the 25% open space dedication option, a minimum of 7.38 acres of overall open space with 1.48 acres of common green area is required. There are acres of overall open space with 1.61 acres of common green area provided. TRANSPORTATION: Vehicular access to the project area is provided via a public street entrance onto Bowling Road. There is limited public right-of-way frontage, and no right-of-way improvements required by the Town's Community Transportation Plan (CTP) on Bowling Road. Stub-out street connections are proposed to the northern and southern boundaries to provide for future connectivity. The internal pedestrian sidewalk network, as proposed, provides for connection to future sidewalks along Bowling Road. UTILITIES: The subdivision is within the Town's extraterritorial jurisdiction (ETJ). Annexation of the project area will be required to provide for the necessary connection to public water and sewer service. The developer will install both utilities. On March 20, 2017 the Planning Board unanimously recommended approval. The proposed preliminary subdivision plat meets all Town requirements; however the developer has indicated interest in coordinating design between the proposed Ryan Place Subdivision and the proposed development of land immediately adjacent to the north. As such, management and planning staff are recommending the submittal of a preliminary plat amendment providing an additional stub street to the north that meets Town of Fuquay-Varina design specifications, no later than May 1, With the understanding of this