6336  The Smithfield Town Council met in regular session on Tuesday, June 7, 2022 at 7:00 p.m. in the Council  Chambers oft the Smithfield Town Hall, Mayor Pro-Tem John Dunn, presided.  Councilmen Present: Marlon Lee, District1 Sloan Stevens, District2 Travis Scott, District3 Stephen Rabil, At-Large Roger Wood, At-Large  Councilmen Absent M. Andy Moore, Mayor  Administrative Staff Present Michael Scott, Town Manager Ted Credle, Public Utilities Director Lawrence Davis, Public Works Director Gary Johnson, Parks & Rec Director Timl Kerigan, Human Resources/PIO Shannan Parrish, Town Clerk R. Keith Powell, Chief of Police Greg Siler, Finance Director Stephen Wensman, Planning Director Administrative Staff Absent  Dr. David Barbour, District4 4 Michael Brown, Fire Chief  Also Present Michael Carter, Attorney CALL TO ORDER INVOCATION  Mayor Pro-Tem Dunn called the meeting to order at7 7:00pm.  The invocation was given by Councilman Scottf followed by the Pledge of Allegiance.  APPROVAL OF AGENDA:  Councilman Scott made a motion, seconded by Councilman Rabil, to approve the  agenda with the following amendments: Add the following item tot the Consent Agenda: Agreement for Fire Protection. and encumbrances Unanimously approved.  10. Consideration and request for approval oft the Johnston County Mutual Aid Move the following item fromt the Consent Agenda tot the Business Items: 6. Consideration andi requesti fora approval to adopt) year-end budget amendments Add a Closed Session Pursuant tol NCGS 143-318.11 (a)(5)  PRESENTATIONS:  1. Proclamation- - Recognizing Juneteenth in the Town of Smithfield  Mayor Pro-Tem Dunnr read the following proclamation:  Town of Smithfield Proclamation  Recognizing Juneteenth- - June 19, 2022  WHEREAS, News of the end of slavery did not reach the frontier areas of the United States, in particular the State of Texas and the other Southwestern States, until months after the conclusion of the Civil War, more than 2 % years after President Abraham Lincoln issued the Emancipation WHEREAS, On June 19, 1865, Union soldiers, led by Major General Gordon Granger, arrived in Galveston, Texas, with news that the Civil War had ended andi the enslaved were free; and WHEREAS, African Americans who had been slaves in the Southwest celebrated June 19th, commonly known as" Juneteenth," asi inspiration and encouragement for future generations; and WHEREAS, African Americans from the Southwest have continued the tradition of observing WHEREAS, Juneteenth celebrations have been held to honor African-American freedom, history and  Proclamation on. January 1, 1863; and  Juneteenth for more than 150 years; and  heritage, while encouraging self-development: andi respect for all cultures; and    6337  WHEREAS, Slavery was not officially abolished until the ratification of the 13th Amendment tot the WHEREAS, Thei faith and strength of character demonstrated by former slaves and the descendants off former slaves remain an example for all people of the United States, regardless of background, WHEREAS, The Town of Smithfield is committed top promoting diversity, racial and cultural harmony. NOW, THEREFORE, I, M. Andy Moore Mayor oft the Town of Smithfield along with the members of the Town Council, do hereby proclaim June 19, 2022 as JUNETEENTH in the Town of Smithfield, North Carolina and urge all our citizens to become more aware oft the significance oft this celebration Councilman Lee invited everyone to Smith Collins Park on. June 18th for the. Juneteenth Celebration 2. Proclamation: Honoring David Stevens' service to the Town of Smithfield as Mayor Pro-Tem Dunn presented the Key to the Town and the following proclamation to former  Constitution oft the United States in December 1865; and  religion, orr race; and  inA African American History andi int thel heritage four nation and  Councilman Representing District2 Councilman David Stevens.  PROCLAMATION  Ink Honor of Councilman David Stevens' Service to the Town of Smithfield  WHEREAS, the Mayor and Town Council oft the Town of Smithfield wishi to acknowledge and express its appreciation to David Stevens for his dedicated service to the citizens of Smithfield as a member WHEREAS, David Stevens has served as a Councilmember representing District2 sincet taking office WHEREAS, thesey years ofs service have been marked by dedication tot the besti interests oft the entire WHEREAS, David Stevens has reviewed and deliberated allr matters, facts and proposals before the Council in at fair and sound manner, at all times keeping the best interest oft the citizens oft the Town WHEREAS, The Town of Smithfield has been fortunate to have had the services of David Stevens whol has provided leadership and rendered goodj judgement fort the! betterment ofa all oft the citizens of WHEREAS, David Stevens distinguished service to the Town of Smithfield deserves special NOW, THEREFORE, 1, M. Andy Moore, Mayor of the Town of Smithfield along with the members of the Town Council, express our sincere appreciation to David Stevens for his service to the Town of Former Councilman David Stevens expressed his appreciation tot the Council and staff.  ofthe Town Council for the past 4) years; and on December 5, 2017; and community; and  of Smithfield as af first priority; and  the Town; and recognition. Smithfield.  PUBLIC HEARINGS:  1. FY 2022-2023 Budget: In accordance with NCGS 159 -12 (b), before adopting the budget ordinance, the Town Council shall hold a public hearing at which time any persons who  wishes to be heard on the budget may appear before the board  Councilman Rabil made a motion, seconded by Councilman Wood, to open the public  hearing. Unanimously approved  Town Manager Michael Scottp presented the 2022-2023 Budget tot the Council. The Town Manager explained the budget was balanced in all funds  $15,837,160 General Fund $16,705,650 Electric Fund $9,766,650 Water/Sewer Fund  The Town Manager explained the tax rate would remain at $0.57. Electric fees and charges were unchanged. Waterf fees remain unchanged. Sewerf fees remain unchanged; however, the. Johnston County Board of Commissioners may approve a request to increase sewer fees. If the County approves those increases, staff will make a recommendation tot the Council toi increase the Town's feesi inas similar amount. Sanitation fees have beeni increased! $0.4 45t tor matchi the County'si increase int tipping fees. Allf fund balances remain above the 25% financial policy threshold.    6338  The Town Manager explained the budget included necessary capital expenditures in all three  funds. Total capital expenditures are asf follows: $1,692,865 General Fund 766,700 Electric Fund 469,200 Water Sewer Fund  The Town Manager explained the Town maintained employee medical benefits att the same level. This budget provided for a salary adjustment equalt to a2 2.0% increase on. July 1; Upi toa 3% Merit increase Jan 1; and Longevity created for employees with atl least 5 years of continuous service The Town! Manager explained there were no personnel increases included and no additional debt would be used. The SRACI loans were paid offi ini fiscaly year 2022 and the Sanitation truck debt will be paid off inf fiscaly year 2023. The first debt payment for the Water Plant Expansion project has beeni included int this budget. $680,000 has been reserved int the General Fund for as salary study. $105,000 has been reserved in the Water/Sewer fund for a salary study. $105,000 has been The Town! Manager explained some future potential issues. He explained that COVID-19 appears tob be getting under control. However, uncertainty remains ast to how the pandemic, the economy, fuel prices and supply issues would continue toi influence employment and government revenues and expenditure in the next fiscaly year. Also, residential and economic growth continues to come to Smithfield. This willi impact how government operates and the services being provided. We will continue to endeavori tor maintain our hometown feel and our neighborly servicel levels. Mayor Pro-Tem Dunn askedi ifthere were any questions from Council. There were none. Mayor Pro-Tem Dunn askedi ifthere was anyone in attendance that wished tos speak ont the matter. Councilman Wood made a motion, seconded by Councilman Rabil, to close the public Mayor Pro-Tem Dunn stated the Council was not ready to adopt the budget. There were still Councilman Scottr made a motion, seconded by Councilman Rabil, that att this end oft this meeting to recess until June 27,2022 at 6:30 pm to continue budget discussions.  with the Town.  The Town! Manager reviewed major capital expenditures from all threef funds.  reserved int the Electric fund for a salary study.  There was no one ina attendance that wished tos speak ont the matter.  hearing. Unanimously approved.  departments and the Fee Schedule that needed to ber reviewed.  Unanimously approved.  2. Rezoning Request- - Henry Howley (RZ-22-02): The applicant was requesting to rezone a 1.519 acre tract of land form the B-3 (Business) zoning district to the R-20A (Residential- Agricultural) zoning district. The property considered for rezoning is located on the northeast side oft the intersection of NCI Hwy 210 and Swift Creek Rd and further identified as Johnston  County Tax ID# 15109015M  Councilman Woodr made a motion, seconded by Councilman Stevens, to opent the public  hearing. Unanimously approved  Planning Director Stephen Wensman explained the applicant was requesting the rezoning of his property located at 2222 NC Highway 210 from B-2 General Business to R-20A Residential- Agriculture. Mr. Wensman explained The property was zoned to B-2 many years ago. According to the applicant, the property is only being used for residential. The applicant wishes to rezone the property back to residential. The proposed rezoning is consistent with the Comprehensive Growth Management Plan guides this property for rural residential uses. Thep proposed rezoning will have no impact on the non-conforming second dwelling ont the property. The property exceeds the minimum With a rezoning, the Town Council was required to adopt a statement describing whether the action was consistent with adopted comprehensive plan and othera applicable adopted plans and whether the actioni is reasonable and ini the publici interest. Planning Staff considered the action to be consistent, Consistency with the Comprehensive Growth Management Plan -The rezoning is consistent Consistency with the Unified Development Code - The property exceeds the minimum requirements oft the R-20A District standards. The rezoning will have no impact on the existing Compatibility with Surrounding Land Uses The property considered for rezoning will be compatible with the surrounding land uses. The properties use will not change.  requirements oft the R-20Az zoning district. Consistency Statement (Staff Opinion): reasonable andi int the publici interest:  with the Comprehensive Growth Management. Plan.  non-conforming secondary dwelling thate exists on the property.    6339  Recommendation: interest.  Planning Staff and the Planning Board recommend approval of the rezoning, RZ-22-02, with a statement declaring the request consistent with the Town of Smithfield Comprehensive Growth Management Plan and other adopted plans, and that the amendment is reasonable and int the public Planning Director Stephen) Wensman has incorporated his entire record and provided ittot the Council Councilman Scott stated he believed this was already approved by the Council. Councilman Rabil responded the property located across the street from this property had been before the Council and Mayor Pro-Tem Dunn askedi ifthere was anyone in attendance who wished to speak on the matter.  inv written form int the. June 7, 2022 agenda packet.  Mayor Pro-Tem Dunn asked ifthere were: any questions from Council.  nott this property.  There was no onei in attendance that wished tos speak on this matter.  Councilman Rabil made ar motion, seconded by Councilman Stevens, to close the public Councilman Wood made a motion, seconded by Councilman Rabil move to approvezoning map amendment, RZ-22-02, finding it consistent with the Town of Smithfield Comprehensive Growth Management Plan and other adopted plans, and that the amendment is reasonable and int the publici interest. Unanimously approved.  hearing. Unanimously approved  3. Rezoning Request - Wood & Warrick (RZ-22-03): The applicants were requesting to rezone three parcels ofl land totaling approximately 42.1 acres from the R-20A (Residential- Agricultural): and B-3 (Business): zoning districts tot the LI (Lightl Industrial) zoning district. The properties considered for rezoning are located on the northeast side of the intersection Barbour Road and US Hwy 70 West Smithfield. The properties are further identified as  Johnston County Tax ID# 15079004, 15079004A and 15079006.  Councilman Wood made a motion, seconded by Councilman Rabil, to open the public  hearing. Unanimously approved  Planning Director Stephen Wensman explained the applicants were requesting the rezoning of3 properties (42.1-acres) in the R-20A ResidentalAgriceuture and B-3 Highway Entranceway Business to LI- Light Industrial. Mr. Wensman further explained the applicant was requesting the rezoningt tob bei in conformance with the comprenensive plan andt tol be preparedi to market the property. There were no specific industrial uses yet identified for the property. The Comprehensive Plan identified this property for IndustrialEmployment, therefore, this rezoning would be consistent with the plan. The land requested for rezoning is adjacent to existing Light Industrial property. The land requested for rezoning has frontage on Barbour Road and US Highway 70 Business. The area has been transitioning toward industrial land uses with the development oft the Amazon facility and recent With a rezoning, the Town Council was required to adopt a statement describing whether the action was consistent with adopted comprehensive plan and other applicable adopted plans and whetheri the actioni isr reasonable andi int the public interest. Planning Staff considered the action to be consistent, Consistency with the Comprehensive Growth Management Plan The Comprenensive Plan Consistency with the Unified Development Code - the property will be developedi in Compatibility with Surrounding Land Uses The property consideredi for rezoning will be compatible with the surrounding land uses which are transitioning to industrial. Planning Staff and the Planning Board recommended approval oft the rezoning, RZ-22-03, with a statement declaring the request consistent with the Town of Smithfield Comprehensive Growth Management Plan and other adopted plans, and that the amendment is reasonable andi int the public Planning Director Stephen Wensman hasi incorporated his entire record and provided ittot the Council Councilman Stevens questioned ift there were any plans for the site. Mr. Wensman responded there  adjacent rezoning.  Consistency Statement (Staff Opinion): reasonable and int the publici interest:  guides the area for IndustialEmployment conformance with the UDO.  Recommendation: interest.  inv written form int the June 7, 2022 agenda packet.  Mayor Pro-Tem Dunn askedi ift there were any questions from Council. have beenr no plans submitted fort this site, butt there! has beeni interesti in the site.    6340  Mayor Pro-Tem Dunn asked if there was anyone in attendance who wished to speak on the matter.  There was no one in attendance that wished tos speak ont the matter.  Councilman Rabil made a motion, seconded by Councilman Wood, to close the public Councilman Stevens made a motion, seconded by Councilman Rabil, to approve ofz zoning map amendment, RZ-22-03, finding it consistent with the Town of Smithfield Comprehensive Growth Management Plan. and other adopted plans, and that the amendment is reasonable: and int the publici interest. Unanimously approved.  hearing. Unanimously approved  4. Rezoning Request -TLC Estates, LLC. (RZ-22-04): The applicant is requesting to rezone .48 acres of land from the R-20A Resdenta-Agncutural) zoning district to the R-8 (Residential) zoning district. The property considered for rezoning is located on the east side ofE Buffalo Roada approximately 480f feet south ofit its intersection with Holland Drive andf further  identified as Johnston County Taxl ID# 14A03004  Councilman Wood made a motion, seconded by Councilman Rabil, to open the public  hearing. Unanimously approved  Planning Director Stephen Wensman explained the applicant was requesting the rezoning ofa. .48- acre property at 1136 Buffalo Road from R20-A to R-8. Mr. Wensman further explained the property was the former location of Harbor House. The property had 2 buildings on it, one that was used for mostly administrative purposes and the other for a domestic abuse shelter. Both structures were habitable from a residential perspective and the property has been vacant for some time. The applicant wishes to rezone the parcel to the R-8 district in order to subdivide into 2 single-family residential lots. The comprehensive plan identified this property for medium density residential. The proposed R-8 zoning was in conformance with the Plan. The property was non-conforming. with 2 houses on as single lot. The southernmost building does not meet front setbacks (10' from right-of- way). The rezoning and subsequent lot split will lessen the non-conformities. Rezoning could be considered: a spot: zoning. Although spot: zoningi is noti illegal, itr must be reasonable andi int the public interest. Considerations should include: Physical characteristics that make is more suitable for R-8 (utilities, topography, soils, etc.), relationship to comprehensive plan designation, the rezoning in harmony with the legitimate expectations ofr neighbor andi ist the implication for future development on The rezoning was consistent with the comprenensive plan. The rezoning was in harmony with the legitimate expectations of the neighbors. The rezoning and subsequent lot split would lessen the nonconforming nature ofthep property and wouldr resulti ins similarly sizedr residentiall lots as existr nearby. There was R-82 zoning int the area and future R-8: zoning and development has been considered int the With a rezoning, the Town Council was required to adopta a statement describing whether the action was consistent with adopted comprehensive plan and othera applicable adopted plans and whetheri the action is reasonable and int the publici interest. Planning Staff considered the action to be consistent, Consistency with the Comprehensive Growth Management Plan The Comprehensive Plan Consistency with the Unified Development Code - the subsequent minor subdivision oft the Compatibility with Surrounding Land Uses The property considered for rezoning will be compatible with the surrounding land uses which are transitioning tor medium density Planning Staff and the Planning Board recommend approval oft the rezoning, RZ-22-04, witha statement declaring the request consistent with the Town of Smithfield Comprehensive Growth Management Plan and other adopted plans, and that the amendment is reasonable and int the public Planning Director Stephen Wensman hasi incorporated his entire record and provided ittot the Council Mayor Pro-Tem Dunn askedi ift there were any questions from Council. There were none. Mayor Pro-Tem Dunn askedi ift there was anyone in attendance who wished to speak on the matter.  surrounding parcels?  area surrounding the property. Consistency Statement (Staff Opinion): reasonable andi int the publici interest:  guides the areai for medium density residential.  property willl lessent the nonconforming nature oft the property.  residential. Recommendation: interest.  inv written form int the June 7, 2022 agenda packet.  There was no one in attendance that wished tos speak ont the matter.  Councilman Rabil made a motion, seconded by Councilman Wood, to close the public  hearing. Unanimously approved    6341  Councilman Wood made a motion, seconded by Councilman Rabil, to approve of zoning map amendment, RZ-22-04, finding it consistent with the Town of Smithfield Comprehensive Growth Management Plan and other adopted plans, and that the amendment is reasonable and int the publici interest. Unanimously approved.  Town Clerk Shannan Parrisha administered affirmations tot thoset that wishedt to offert testimony during the Public . Preliminary Subdivision Request - Whitley Townes (S-22-03): J&J Flowers Finch Inc. was requesting preliminary subdivision approval fori the construction ofa7 70-unit single-family attached townhome development. The properties considered for approval are located ont the northeast side ofWest! Market Street approximately 3001 feets southeast ofi itsi intersection with Britt Street. The properties are further identified as, Johnston County Tax ID# 15084001 and  Hearings.  ap portion of 15084003A.  Councilman Stevens made a motion, seconded by Councilman Wood, to opent the public  hearing. Unanimously approved  Planning Director Stephen Wensman testified J&J Flowers Finch Inc. was requesting preliminary plat ofWhitely Townes, a6 68-unit attached single-family townhome development on 11.61-acres ofl landi in the B-3 CZI District. The property considered for approval contains some wetland and a drainage ditch that crosses through the center oft the property and along the south edge oft the Twin States Farming The property was rezoned to B-3 CZ with a master plan for the Whitley Townes development on 10/5/21 by the Town Council. The preliminary plat is consistent with the approved master plan (See The preliminary plat is designed around the existing drainage ditch crossing the property; The preliminary plat proposes 68t townhouse units; whereas the master plan showed 70 units. The preliminary plats shows 3 Stormwater Control Measures; whereas the master plan showed one. Two oft the SCMs will be constructed for bio-retention (planted basins) and the third for Four (4) shrubs and one ornamental tree are proposedi in front of each unit and shrubs along One (1) overstory streett tree is proposed for every 50' of public right-of-way along the edge of  parcel. Therei is nof floodplain present, but there are small pockets ofv wetland. CZ-21-07 Staff Report and Attachments) with the following changes: whereas ther master plan showed the drainage being piped.  dry detention.  The preliminary plats shows an additional sidewalk alongt the public street. Opens space areas are connected by sidewalks. A5' landscaped berm has been provided along) W. Market St. Proposed open space amenities are shown (subject to change). Mr. Wensman reviewed staffs opinion oft the findings. They are asf follows:  the rear yard of the units. the right-of-way.  STAFF'S OPINION ON THE FINDINGS OF FACT  1. The plat is consistent with the adopted plans and policies of the town; The plat is 2. The plat complies with all applicable requirements of this ordinance; The plan complies with all applicable requirements of this ordinance and the B-3 Conditional Zoning 3. There exists adequate infrastructure (transportation and utilities) to support the plat as The plat will not be detrimental to the use or development of adjacent properties or other neighborhood uses. The plat will not be detrimental to the use or development of  consistent with the adopted plans and policies oft the town.  Master Plan  proposed. There is adequate. infrastructure. adjacent properties or other neighborhood uses. following conditions based ont the finding off fact for preliminary plats:  Planning Staff recommended approval of the Whitley Townes preliminary plat, S-22-03, with the 1. Thatt thet future preliminary plata and development plans for the subdivision bei ina accordance with the approved Master Plan, R-8 Zoning District, and UDO regulations with the with the  following deviations: Item Street buildings Perimeter Buffer  R-8CZ 30' wide back-to-back. 25'  Parking Lot Curbing Valley curbs are proposed int the parking lots.  Distance between Minimum: 201 feet    6342  2. Thatt thet trash/recycling rollouts bes stored within garages orr rear yards.  3. That the parking lot entrances be constructed in accordance with the town's standard Thatt the 25' perimeter buffer planting be comprised ofe existing vegetation and landscaping/ Thatt the townhouses be comprised ofar mix of siding types such as lap board and batten, shakes and brick and end units be comprised of windows and other architectural details. That a cross access easement be executed fort the shared use oft the driveway off of West 7. Thatp park dedication fees in lieu be paid prior to recording the final plati in accordance with That all utility fees including system development fees be paid before recording the final That the Town of Smithfield Stormwater Operations and Management agreement with a maintenance plan be submitted and recorded prior tof final platr recording. 10. That the HOA declarations and covenants be submitted for Town Attorney review prior to final plat. The HOA: shall ber responsible for the ownership and maintenance of all common amenities including front, side yard and open space landscaping, the stormwater SCM, parking lots, recreational amenities, and open space, and enforce trash and recycling roll Planning Director Stephen Wensman has incorporated his entirer record and provided ittot the Council Councilman Scott stated he was concerned about the entrance to the subdivision since it would be shared with the old Heilig Meyers property. Mr. Wensman responded the adjacent property had been Jim Pericone of Partners Equity testified that he was working with the owner of the Old Kmart and Heilig Meyers sitei forad completer redevelopment The entirep parking lot would be completely renovated Mayor Pro-Tem Dunn asked the applicant if he agreed with the testimony provided by Mr. Wensman andi ifhel had additional testimony to offer. The applicant stated he agreed with the testimony and did Mayor Pro-Tem Dunn asked ift there was anyone in attendance that was duly sworn in who wished to testify ont the matter. There was no one in attendance that wished to testify ont the matter.  driveway detail.  and orf fencing to ensure atl least 60% opacity.  Market Street. the UDO Section 10.114.8. plat.  offst tob bes stored ing garages orr reary yards.  inv written form int the. June 7, 2022 agenda packet.  Mayor Pro-Tem Dunn asked ifthere were any questions from Council.  purchased and will ber redeveloped within a year. and brought upt to current standards. not have any additional information top provide.  Councilman Scott made a motion, seconded by Councilman Wood, to close the public Councilman Woodr made ar motion, seconded by Councilman Rabil, to approve the Whitely Townes preliminary plat, S-22-03, with 10 conditions based on the finding of fact for 1. That thet future preliminary plat and development plans for the subdivision be ina accordance with the approved Master Plan, R-8 Zoning District, and UDO regulations with the with the  hearing. Unanimously approved. preliminary plats. Unanimously approved.  Conditions:  following deviations: Item Street Parking Lot Curbing Distance between buildings Perimeter Buffer driveway detail.  R-8CZ 30' wide back-to-back. Minimum: 201 feet 25'  Valley curbs are proposed int the parking lots.  2. Thatt thet trash/recycling rollouts be stored within garages orr rear yards.  3. That the parking lot entrances be constructed in accordance with the town's standard That the 25' perimeter buffer planting be comprised ofe existing vegetation and landscaping/ 5. That the townhouses be comprised ofar mix ofs siding types such as lap board and batten, shakes and brick and end units be comprised ofwindows and other architectural details. 6. That a cross access easement be executed for the shared use oft the driveway off of West 7. That park dedication fees inl lieu be paid prior to recording the final plati in accordance with 3. That all utility fees including system development fees be paid before recording the final 9. That the Town of Smithfield Stormwater Operations and Management agreement with a maintenance plan! be submitted and recorded prior tof final plat recording. 10. That the HOA declarations and covenants be submitted for Town Attorney review prior to final plat. Thel HOAS shall ber responsible fort the ownership and maintenance of all common  and orf fencing to ensure atl least 60% opacity.  Market Street. the UDO Section 10.114.8. plat.    6343  amenities including front, side yard and open space landscaping, the stormwater SCM, parking lots, recreational amenities, and open space, and enforce trash and recycling roll  offst tob bes storedi ing garages orr rear yards.  6. Conditional Zoning Request - Woodleaf (CZ-22-02): The applicant was requesting to rezone 491.2- -acres ofl landf from R-20Az zoning district tol R-8 CZz zoning district with a master plan for a planned development consisting of 490 detached single-family lots, 691 attached single-family townhome lots, a 564 unit 3-story multifamily development and a 260-unit four- story multifamily development. The properties are located on Mallard Road between its intersections with Brogden Road and US70E Business East andi further identified as, Johnston County Tax ID# 15K11019D, 15K11019F, 15L11043, 15K11017, 15K11047C, 15K11047F,  15K11047, 15L11042B  Councilman Stevens made a motion, seconded by Councilman Wood, to opent the public  hearing. Unanimously approved  Planning Director Stephen Wensman explained NRP Ventures LLC was requesting a conditional rezoning of491.2-acres ofl land from R-20A to R-8 CZ with a master plan for ap planned development consisting of 490 detached single-family lots, 691 attached single-family townhome lots, a 564 unit 3- Mr. Wensman explained the property considered for approval was a mix ofr residential and agricultural land with woodlands, wetlands and fields. There are also blueline streams present throughout the souths side of Mallard Road. ADuke powerline bi-sects the development from east-to-west. Comprehensive Land Use Plan and Density. The proposed development was not supported by the Town's Comprehensive Growth Management Plan. The Comprehensive Plan guides the site for low Approval oft the rezoning would be considered an amendment tot the Comprehensive Plan. Voluntary Annexation. The developer has indicated he would be submitting a voluntary annexation petition with the development oft the site. Ifaccepted, the annexed land would be a satellite oft the The development would create the need for an additional fire station and likely a public park to serve residents recreationally. The Police Department may want a substation int the area as well. Development Phasing. The projecty was anticipatedt tob be completedi ini four phases, with thef first phase beginning construction in early 2023, andi final completion expected in 2028. Different product types willl be constructed ine each phase spreading out ther mixture ofu uses and! bringing witht them the needed infrastructure, including roadway, water, sewer, and electrical service, tof fully serve each phase asit Utilities. The phase 1 of the development was not possible without public sewer and water utilities being constructed throughout the entire development. The developer was proposing to construct a large pump station to pump sewer directly to thet treatment plant down Brogden Road. The developer asa also proposing to extend waters servicet tot the sitef from U.S7 701 Business East and construct a water tower. The developer has an option ofe either the Town of Smithfield electric or Duke Energy. The developer intends to utilize Town electric utilities ifiti is feasible in the time-frame itis needed. Duke has transmission lines already crossing the site and will be readily able tos serve the development ina The access tot the development will be off of7i intersections with Mallard Road and al lateral access to Atraffici impact study was prepared and NCDOT would requiring turn lanes onl Mallard Road with the development oft the 4p phases. To accommodate NCDOT required improvements on Mallard Road, 0.51 acres oft the site will be dedicated to NCDOT right-of-way. Highlights oft the TIA include: Int the 2031 Build Traffic Volumes on! Marshall Roads show 41 trips per hour Peak AM outbound, and  story multifamily development and a 260-unitf four-story multifamily development.  MASTER PLAN/ANALYSIS density residential.  Town.  becomes available.  shorter time-frame than the Town. Site Access and Traffic. Marshall Road.  45t trips per hour Peak PM inbound NCDOT requiredi improvements by phase: Mallard Road/ /Site Access 2/5 Site Access 3  Phase 1  Construction ofa 50-footr northbound left-turn lane (with appropriate taper) Construction ofa7 75-foot southbound left-turn lane (with appropriate taper)    6344  Construction ofa 75-foot southbound right-turn lane (with appropriate taper) Construction ofa5 50-foot northbound left-turn lane (with appropriate taper) Construction ofa 50-foot southbound left-turn lane (with appropriate taper) Construction ofa 50-footr northbound left-turn lane (with appropriate taper) Construction ofa 50-foots southbound left-turn lane (with appropriate taper) Construction ofa 50-foots southbound right-turn lane (with appropriate taper)  Mallard Road/ /Site Access 4/ Site Access 5  Phase: 2  Mallard Road/ Site Access 9/Site Access 10 Mallard Connector Road/US-70 Business Intersection Signalization Mallard Road/ Site Access 13  Phase: 3 Phase 4  Construction ofa 50-foots southbound right-turn lane (with appropriate taper) Construction ofa 100-foot northbound right-turn lane (with appropriate taper Planning Board recommends detaching the Marshall Road connection.  Mallard Connector Road/ /US-70 Business  Streets. The developer was proposing 27' wide b/b streetsi in 50' wide public right-of-way throughout the development except ats some entrances wheret there will be divided lanes oft traffic with landscape mediani in8 80' wide public right-of-way. The locations oft the widerl lanes arei impliedi int the master plan, The Town's standard right-of-way widthi is6 60' wide (UDO Section 10.110.9) but 50' wide right- of-way can be approved by the Town Council. 50' right-of-way with sidewalk on 2-sides is narrow and can force private utilities intot thet front yard where streett trees are to! bel located. Staff recommended tot the Planning Boardt that theres should be al hierarchy ofs street and right- of-way widths; where higher traffic streets are wider and short streets and cul-de-sacs be Staff had recommended traffic calming measures be provided on the long east-west streets that will carry was rejected by the Planning Board becauset there were many access points to The development shows adequate lateral access to adjacent properties that might develop in There are numerous cul-de-sacs shown ont the plans ands supported by the Town's standard detail. Several appear elongated without any design detail. Cul-de-sacs such as these often become useda asp parking lots and should be discouraged. Others appeart too short tor meet fire code greater traffic and most! likely ath higher speeds. This recommendation Street trees are not allowed within the Town's public right-of-way. The Street details should ber revised showing the streett trees being located adjacent tot the right-of-way. Curb and gutter. The developer was proposing standard B6-12 curb and gutter with the exception of in front of and within 10' of a townhouse where valley curbs are proposed. This was a standard Trails and Sidewalks. The developer was proposing 5 sidewalks on both sides of each residential street. Sidewalks are also required along Mallard Road frontage. Staffr recommended: a multi-use trail ont thev wests side ofMallard Roadr rathert than sidewalk. Sidewalks on! boths sides ofl local streets within a50' public right-of-way was extremely narrow and does not adequately allows space for utilities. The development includes significant passive/unmanaged open space and managed open space totaling 220.9 acres or4 44.97% oft the site. Within the managed open space, the developer proposes: 2 +/- 8,000 sq. ft. club houses with fitness centers, lounges, meeting rooms, fireplaces, and community activity areas. A swimming pooli is proposedi int the northern most clubhouse within With ther master plan, the developer has showni images ofo community amenities tol bep provided with the development which include playground equipment, dog park, gazebo, decorative fencing, shade shelters, and lawn sports. These are not shown ont the master plan. There were no public parks dedicated in the development, only private. The current Town's Parks Fee inl lieu would be required att the equivalent oft the appraised value xar rate of 1/57th an acre per# # lots in the development (for Woodleaf, approximately $637,344 or $317.88 per lot). A 40-acre community park land purchase int this area would cost around 725,000. Development ofs such a park Tree Preservation. At tree preservation plan would be required with the subdivision application.  but nots specifically labeled.  considered for narrower streets and some variation in building setbacks.  Mallard Roadt to choose from to disperse traffic.  thet future.  approved with previous planned townhouse developments.  Open Space and Site Amenities.  the apartment development area.  Master Plan does not address future annexation areas in the ETJ.  would cost 3-4> XI more.    6345  Landscaping and Buffering. The master plan provided little detail on the proposed landscaping and buffering for the development. The developer was requesting a deviation from the minimum buffer The streeto details shows street trees withint they public right-of-way. The Town currently does not permit trees within public rights-of-way. The details would need to be updated to reflect this. Streetyards and Bufferyards were required with multi-family development. Staff does not Staff recommended a landscaped berm with a decorative fence along Mallard Road where therev were doublef frontedl lots and the berm be a minimum of3' high on average to screen rear yards. In areas without double fronted lots, staff recommended a typical street yard be Staff recommended the developer provide landscaping and buffering as required by the UDO Stormwater Management. The developer has shown conceptual stormwater control measures (SCMs) throughout the development with maintenance access considered. A stormwater management plan Trash and Recycling. The master plan does not address trash and recycling. Multi-family apartments Staffr recommends: a condition ofa approvalt thatt thel HOA declarations requiret trash andr recycling roll-offs bes screened from the public right-of-way or storedi in garages or rear yards. Subdivision Signs. Ground mounted subdivisions signs are required features of subdivisions. The master plan does not show wheret these will go, but the developer provided ani image ofat typical sign Homeowner's Association. An HOA will own and maintain the recreation and open space areas and amenities, stormwater facilities, walking trails, landscaping and property maintenance for all residents Thel HOA declarations needt tol be submitted for review by the Town Attorney prior toi final plat. Detached: Single-Family Residential. The applicant is proposing 490- 50' wide, 6,000 sq. ft. detached  requirements oft the UDO.  recommend any waiverf from this requirement.  provided.  as applicable throughout the remainder oft the subdivision.  would ber required with the development oft the site.  require dumpster screens with the construction plans for the apartments.  they might construct. oft the development.  Thel HOA should also manage no parking ons streets. single-family residential lots. The proposed minimum standards are:  R-82 Zoning 8000 sq. ft. 70ft. 30ft. 10ft. 25ft.  Proposed R-8 CZ 6,000 sq. ft. 50ft. 25ft. 5ft. 15ft. 1600 sq. ft. One car 2spaces/home  Lota area Lot width Fronts setback Side setback Rear setback Min. units size Garages"* Off-street parking  All garages for single-family detached units depicted int the renderings are 1.5-car' garages they No rear yard patio or deck has been proposed. Staff recommends a usable rear deck or patio be No rear yard patio or deck has been proposed. Staff recommends a usable rear deck or patio be Townhouses. The applicant is proposing 691 attached single-family townhouses. In accordance with UDO, townhouses development requires a special use permit. The conditionalz zoning is ana alternative  don'ta accommodate two cars, but they doi include al bit ofs storage space.  included with each unit ofa atl least 100s sq. ft. ins size. included with each unit of atl least 100 sq. ft. in size.  tot thes special use permit process. The proposed minimum standards are:  R-82 Zoning N/A N/A 30ft. 40ft.  Proposed R-8CZ 2,000 sq. ft 20ft. 25ft. 20ft.  Lot area Lot width Front setback Building separation    6346  Rear setback Min. unit sizei for2br/2 2bath Min. unit size for 35 br/2 2.5 bath Off street parking per unit (onl lot) Off-street overflow parking Total Off-street parking per unit*  25ft.  15ft.  1,400-1,500 sq. ft. 1,600 sq. ft. One car 2spaceslot 275 2.39 spaces/unit  Overflow Garages parking is  not  conveniently located for all units. The UDO allows commercial remote parking within 400' ofa The amount of off-street parking meets the UDO standards, but is less than similar proposed  commercial business -as suitable standard to go by for overflow parking. developments recently approved by the Town Council:  Development Floyds Landing Marin Woods Harvest Run Franklin Townes  Total Off-street Parking per unit 2.62 spaces/unit 3.05 spaces/unit 3s spaces/unit onl lot 3.33 spaces/unit  The developer has provided an elevation and image of a typical townhouse proposed for the development. There are 691 units proposedi in over 1001 townhouse buildings. Additional architectural styles should be provided of similar quality and character to provide visual interest throughout the No rear yard patios or decks have been proposed. Staffr recommends a usable rear deck or patio be Multi-family Apartments. The developer is proposing 564 units in (22) 3-story apartments and 260 units in (3)4 4-story apartments. In accordance with UDO, multi-family development requires a special use permit. The conditional: zoningi is an alternative tot the special use permit process. The proposed  development.  included with each unit ofa atl least 100s sq. ft. ins size.  minimum standards are:  Min. units size for1b br/1 1bath Min. units size for 2b br/2b bath Multi-family storage Garages Offs street parking per unit  750-900 sq. ft. 1,000-1,200sq, ft. None None  1.5s spaces/1 bedroom and 1.75 spaces 12 bedroom  The master plan and supporting information for the multi-family apartments was lacking sufficient information to determine if the standards and supplemental standards for multi-family development The Town Council should consider whether the accessory storage requirement should be waived. Architectural Standards. The developer has not articulated any architectural standards; rather he has indicated that all unit types, single-family, townhouse and apartments will be comprised of Class A Interior materials. The interior will be comprised of stainless-steel appliances, granite counter tops, Exterior materials. The exterior oftheb buildings willl bec comprised ofhardiplank: siding, brick and stucco. No details have been provided fori individual front or rear yard walks, patios orl landscaping No details have been provided for townhouse end units facades orr reari facades.  are being met (UDO Section 8.13 and Section 7.35). Staff recommends keeping this requirement.  materials.  luxury vinyl tile or engineered woodi floors.  Façade modulations and colors are unknown. Architectural elements and roof line changes are unknown  CONDITIONAL: ZONING:  For the multi-family development, townhouses and apartments, special use permits are required or they can be approved through this conditional zoning process. Multi-family must be developed in accordance with supplementary standards found in the UDO Section 7.35. Regardless the process    6347  the same application data is required. In the case of the multi-family development, the key data  neededt top properly evaluate the developmentis:  Parking. Landscaping. Pedestrian circulation.  Trash and recycling enclosures and screening. Architectural floor plans ande elevations and building materials. Setbacks and other dimensional information. Recreation areas and amenities (4-story apartments only).  The Woodleaf masterplan and supporting materials are lacking this data, limiting Staff and other's ability tof fullyr reviewt the proposal. The Town Council has the option to approve the rezoning with the master plan, table the master plan and request additional information, or require a special use permit for the Townhouse andlor apartment developments. The developer is requesting that rather than a condition requiring as special use permit, the following condition be placed ont the approval: "Prior to approval of a site plan for any portion of the multi-family site, the submitted draft site plan The developeri is seeking deviations fromt the UDO as part oft ther rezoning. The purpose of conditional zoningi ist to provide flexibility from conventional: zoning and to allow creative projects to occur through anegotiated (give andi take) approach to achieve the desired project that both the developer: and town mutually can be satisfied with. The applicant is seeking the following deviations from the following  shall be presented tot the Town Council for review and comment."  CONDITIONAL: ZONING: UDO Requirements: Item Single family minimum lot area (UDO Section 8.3.1) Single family minimum lotf frontage (UDO Section 8.3.1) Min. front setback for TH and SF (UDO Section 8.3.1): Min. side setback SF (UDO Section 8.3.1): Min. rear setback for TH and SF (UDO Section 8.3.1): Max. building! Heightf for TH and Apartments (UDO Section Building separation for TH and Apartments (UDO Section) Corner lots side setback (UDO Section 8.13.3.1) Min bufferyard requirements (UDO Section 10.14) Min. local streetr right-of-way width (10.110.9) Locals street pavement width (N/I curb and gutter (UDO Section 10.14) Curb and Gutter (Standard Detail 3.02D)  R-8/UDO 8,000 sq. ft 70' 30ft 10' 25 35' 25'-40' depending on heights %offi front setback (12.5) varies according toa adjacent use 60' 24' B-6-12 curb and gutter  R-8CZ 6,000 sq. ft. 50' 25' 5' 15'  >35' for TH and not to exceed 4-stories fora apartments. 20'forTH. 15' Nor min. bufferyard along internal boundaries between uses 50' 22'  Valley curbs inf front of townhouses and within 10' oft the end unit.  Consistency Statement (Staff Opinion): tobe consistent: and reasonable:  With the approval of the rezoning, the Town Council is required to adopt a statement describing whether the action is consistent with the adopted comprehensive plan and other applicable adopted plans and thatt the actioni is reasonable and int the public interest. Planning Staff considers the action Consistency with the Comprehensive Growth Management Plan - the development is not consistent with the comprehensive plan. Ifapproved, the Council should acknowledge that the comprehensive plani is hereby amended guiding the property for medium density residential. Consistency with the Unified Development Code the property will be developed in conformance with the UDO conditional: zoning provisions that allows a good faith negotiation of Compatibility with Surrounding Land Uses The property considered for rezoning will be  development standards.  compatible with the surrounding land uses. Planning Board Discussion and Recommendation The Planning Board discussion primarily focused on:    6348  Overflow parking and accepted developer's standard of 500' Vs. the minimum 400' requested by Rejected the need for a hierarchy of streets be provided; where higher traffic streets are wider ands shorts streets and cul-de-sacs be considered for narrower streets, and variable setbacks. Rejected the needi fort traffic calming measures onl long east-west: streets. Recommended detachment of development from Marshall Road. Planning Staff recommends approval of CZ-22-02 with the following conditions:  Staff.  1. That the future preliminary plat and development plans for the subdivision be ina accordance with the approved Master Plan, R-8 Zoning District, and UDO regulations with the with the  following deviations:  Item  R-8CZ 5'  Single family minimum lot area (UDO Section 8.3.1) 6,000sq.f ft. Single family minimum lotf frontage (UDO Section 8.3.1)50 Min. front setback for TH and SF (UDO Section 8.3.1): 25' Min. side setback SF (UDO Section 8.3.1): Min. rear setback for TH and SF (UDO Section 8.3.1): 15' Building separation for TH and Apartments (UDO 20' forTH. Corner lots side setback (UDO Section 8.13.3.1) Min bufferyard requirements (UDO Section 10.14) Min. local street right-of-way width (10.110.9) Local street pavement width (N/I curb and gutter (UDO 22' Curb and Gutter (Standard Detail 3.02 D)  Max. building Height for TH and Apartments (UDO >35' for TH and not to exceed 4-  Section Section)  stories for apartments. No min. bufferyard along internal boundaries between uses Valley curbs in front of townhouses and within 10' oft the end unit.  15' 50'  Section 10.14) apron detail. by the HOA. include:  2. That the parking lot entrances be constructed ina accordance with the town's standard driveway 3. Thata a tree preservation plan be provided that identifies the treest to be preserved. 4. That the trash and recycling roll-off containers in the single family and townhouses units be screened from the public right-of-way or stored within a garage or the rear yards and enforced That the landscape plan be provided meeting minimum requirements of the UDO Part IlI and a. A3 average height landscaped berm with decorative fence be provided between Mallard Road and rear property lines where there are double fronted lots. b. Astandard streety yard or greaters shall be along Mallard Road frontage. Multi-family apartments shall comply alll landscaping and buffering requirements. d. Townhouse (multi-family) shall maintain a Type A buffer or greater from existing single- 6. A5'wide public sidewalk shall bep provided ont the wests side of Mallard Road and an 8' wider multi- use trail shall bey provided ont the easts side of Mallard Road. The sidewalks/trails shall be located outside of the ditch within the Mallard Road right-of-way or within a public easement on HOA 7. The HOA declarations bes submitted for review by the Town Attorney priort tot final plat. 8. That architectural standards be drafted andi included in the HOA declarations. 9. That an HOA be responsible for the ownership and maintenance of all common amenities including landscaping and property maintenance for the entire development, the stormwater SCM, parking lots, recreational amenities, and open space, parking enforcement and trash and 10. That cul-de-sacs be revised tor meett the Town's standard details for cul-de-sacs. 11. That several additional architectural styles for townhouses be provided of similar quality and characteri to provide visuali interestt throughout the development. 12. That all single-family homes and townhomes have rear decks or patios of at least 100 sq. ft.i in 13. Street trees shall be outside the public right-of-way - the master plan should be update 17. Priort to approval ofas site planf fora any portion oft the multi-family site, the submitted draft site plan Planning Director Stephen Wensman hasi incorporated his entire record and provided ittot the Council  family detached residential development. property adjacent tot thel Mallard Road right-of-way.  recycling roll-offs storage/screening.  size. accordingly.  14. That overflow parking bep provided within 500' of each townhouse building. 15. There should be nol lateral road connection with Marshall Road. 16. Nop parking ont thep publics streets should be enforced by the HOA. shall be presented tot the Town Councili for review and comment. Mayor Pro-Tem Dunn asked ift therev were any questions from Council.  inv writtenf form int the April5 5, 2022 agenda packet.    6349  Councilman Scotts stated he was concerning aboutt thel lots size and street width. He questioned ifthose items were negotiable. Hei furthers statedt that5 500f feet was al long distance away from thet townhouses Councilman Lee questioned ifs staff had been communicating with the school system. A development oft this size would be al huge impact to area school. Mr. Wensman responded the school system had Mayor Pro-Tem Dunn stated hev was concerned that withi the overflow parking being soi far away, there would be parking ont the roadway overnight which could be a problem. Mr. Wensman responded there had been some conversation about on street parking and the streets could be designated as "No Parking." The Homeowners Association would enforce the no parking regulation. If the streets become Town Streets, the Police Department would enforce the nop parking restriction. Mayor Pro-Tem Dunn stated there would be sidewalks on both sides of the streeti in the residential area and at trail along Mallard Road. Mr. Wensman responded the Pedestrian Plan shows one side of Mallard Road having a multi-uset trail and the other side having a sidewalk. Councilman Stevens questioned the type of buffer between the existing residential properties and the proposed townhomes. Mr. Wensman respondedi it would be a Class Bb buffer. Councilman Rabil questioned the number of parking spaces at the townhomes. Mr. Wensman responded there would be 2 spaces; one in the garage and one int the driveway. Mayor Pro-Tem Dunn askedi ift there was anyone ina attendance who wished tos speak ont the matter. Molly Stewart of Morningstar Law Group, speaking on behalf oft the applicants, explained a project of this size could bringt the criticalr mass needed to bring int the infrastructure needed to open this portion oft the town. It would begin with the necessary water and sewer infrastructure enabling the Town to grow ina a compact wayi intot this area. Itwould bring ai few additional benefits including: the pedestrian facility along Mallard Road, thep property taxi revenue associated with more than 2000 new households, and badly needed housing due to employment growth in the area. The compact design of this development would reduce environmental impacts and reduce the impact to the Town's budget because Town services required fort the area willl bei ina at focused and concentrated area. Another goal oft the compact development wast to provide av village feel for residents. All streets int the development are the narrowest version and that was by design. By bringing the large width streets down to narrow widths creates a traffic calming measure. The developers have supported and accept all of the Planning Board's recommended conditions. Also, with a project of this size, it was very difficult to provide thel level ofo detail the Council has been accustomed tor reviewing. To design tot thatl level would involve and $8 to $10 million investment prior tol having an entitlement to ensure that thei investment could be used. The developer has allowedi the strong existing controls ofthel UDO1 to govern thei future Councilman Scott questioned how having the minimum side setback at 5' as opposed to 10" would benefit the Town. Ms. Stewart responded that with ap project oft this size, manyf features contributed" to the compact design. Ini this instance, the side setbacks bringe everything closer together.  for overflow parking. beeni informed.  development oft the site and seeking limited variability  Councilman Rabil made a motion, seconded by Councilman Wood, to close the public Councilman Wood made a motion, seconded by Councilman Stevens, to approve the zoning map: amendment, CZ-22-02, with the 17 conditions ofa approval, findingt the rezoning consistent with the Town of Smithfield Comprehensive Growth Management Plan as hereby amended and other adopted plans, and that the amendment is reasonable and in the public interest. Councilman Wood, Councilman Stevens and Mayor Pro-Tem Dunn voted in favor of the motion. Councilman Lee, Councilman Rabil and Councilman Scott Councilman Scott requested at five-minute recess. Council recessed the meeting at 9:07 pm. Councilman Scott stated he had trepidations about the overflow parking being 500' from the townhouse building. He would also like thet front setbacks increased from 25' to 30'. He questioned ifthe developer would be agreeable to those two changes. Ms. Stewart confirmed the developer Councilman Scott made a motion, seconded by Councilman Rabil, to approve the zoning map amendment, CZ-22-02, with the 17 conditions ofa approval, finding the rezoning consistent with the Town of Smithfield Comprehensive Growth Management Plan as hereby amended and other adopted plans, and that the amendment is reasonable and in the public interest. Unanimously  hearing. Unanimously: approved.  voted against the motion. Motion failed.  Mayor Pro-Tem Dunn reconvened the meeting at 9:17pm  was agreeable tot those changes.  approved.  Conditions:  1. Thatt the future preliminary plata and development plans for the subdivision bei in accordance with the approved Master Plan, R-8 Zoning District, and UDO regulations  with the with the following deviations:    6350  Item  R-8CZ 5'  Single family minimum lot area (UDO Section 8.3.1) 6,000sq.ft. Singlei family minimum! lotf frontage (UDO Section 8.3.1)50' Min. front setback for TH and SF (UDO Section 8.3.1): 30' Min. side setback SF (UDO Section 8.3.1): Min. rear setback for TH and SF (UDO Section 8.3.1): 15' Building separation for TH and Apartments (UDO 20' for TH. Corner lot side setback (UDO Section 8.13.3.1) Min bufferyard requirements (UDO Section 10.14) Min. local streetr right-of-way width (10.110.9) Local street pavement width (N/I curb and gutter (UDO 22' Curb and Gutter (Standard Detail 3.02 D)  Max. building Height for TH and Apartments (UDO >35 for TH and not to exceed 4-  Section Section)  stories for apartments. No min. bufferyard along internal boundaries between uses Valley curbs in front of townhouses and within 10' ofthe end unit.  15' 50'  Section 10.14)  2. That the parking lot entrances be constructed in accordance with the town's standard 3. Thata a tree preservation plan be provided thati identifies thet trees tob be preserved. That thet trash and recycling roll-off containers int the single family and townhouses units bes screenedi from the public right-of-way or stored within a garage or the rear yards and 5. That thel landscape plank be provided meeting minimum requirements oft the UDOI Partl III a. A3' average! height- landscaped bermy with decorative fence! be provided between Mallard Road and rear property lines wheret there are doublef fronted lots. As standard streety yard or greater shall be along Mallard Road frontage. Multi-family apartments shall comply alll landscaping and buffering requirements. d. Townhouse (multi-family) shall maintain a Type Al buffer or greater from existing 6. A5'wide public sidewalk shall be provided on the west side of Mallard Road and an 8' wide multi-use trail shall be provided on the east side of Mallard Road. The sidewalks/trails shall bel located outside oft the ditch withint the Mallard Road right-of-way orv within a publice easement on! HOAI property adjacent tot the Mallard Road right-of-way. 7. The HOA declarations be submittedf for review by the Town Attorney prior tof final plat. 8. That architectural standards be drafted and included int the HOA declarations. 9. Thata ank HOAber responsible fort the ownership and maintenance ofa allo common amenities including landscaping and property maintenance for the entire development, the stormwater SCM, parking lots, recreational amenities, and open space, parking enforcement and trash and recycling roll-off storage/screening. 10. That cul-de-sacs be revised tor meet the Town's standard details for cul-de-sacs. 11. Thats several additional: architectural styles for townhouses be provided ofs similar quality and character top provide visuali interest throughout the development. 12. That all single-family homes and townhomes have rear decks or patios of atl least 100 13. Street trees shall be outside the public right-of-way - the master plan should be update 14. That overflow parking be provided within 400' of each townhouse building. 15. There should be nol lateralr road connection with Marshall Road. 16. Nop parking on the public streets should be enforced by the HOA. Council inv written formi int the April 5, 2022 agenda packet.  driveway apron detail. enforced by the HOA. andi include:  single-family detached residential development.  sq. ft. ins size. accordingly.  17. Prior to approval ofas site plan for any portion oft the multi-family site, the submitted draft site plan shall be presented to the Town Council for review and comment. Planning Director Stephen Wensman has incorporated his entire record and provided it to the  CITIZEN'S COMMENTS:  Jacqueline Debnam Watson congratulated Councilman Lee on his reelection. She expressed concerns about ar nuisance property located 306 Martin Luther King Jr. Drive. She explained the property has become overgrown and unsightly. Last year, the Town cleaned the overgrowth and  she would like ito cleaned again.  CONSENT AGENDA:  Councilman Rabil made a motion, seconded by Councilman Wood, to approve the following items as  listed ont the Consent Agenda: 1. Thef following minutes were approved: April 25,2022- - Budget Session April 26, 2022-E Budget Session    6351  May 3, 2022- - Regular Meeting May 3, 2022- - Closed Session May 10, 2022 - Budget Session  2. Special Event Health and' Wellness Event-Thel Disabled American Veterans was granted approval to hold al health and wellness event at 1500 Buffalo Rd on. July 30, 20221 from 9:00 am until 4:00 3. Approval was granted to adopt Resolution No. 698 (07-2022) allowing retired Police Captain Ryan  pm. This request includes the use of amplified sound. Sheppard top purchase his service badge and weapon.  TOWN OF SMITHFIELD RESOLUTION No. 698 (07-2022) AWARDING THE SERVICE BADGE AND WEAPON TO RETIRED! POLICE CAPTAINI RYAN SHEPPARD  BE ITI RESOLVED that the Town Council oft the Town of Smithfield hereby awards the service weapon, Glock 45, Serial Number BSTD888 and service badge to retired Police Captain Ryan 4. Approval was granted top promote a Customer Service Representative to Senior Customer Approval was granted top pay offt the Recreation and Aquatics Center debts using General Fund  Sheppard, atap price of$ $1.00. Service Representative. 2. Revenue 10-00.3900.3900.0000 Fund Balance Appropriation Expenditures 10-60-4120-5400-9534 Debt Service/Aquatic Center (Town) 10.604120-5400-9535 Debt Service/Aquatic Center (FOP)  fund balance and the budget amendment memorializing the loan payoff.  3.648,648 1,645,774 1.091.817 2,737,591  $ 1,363.772 $2,284.876  $ 271,629 181,086 452,715  $ 1,374,145 910,731 $2,284.876  Tot fund loan payoff fort two (2) SRAC accounts as approved at the May 16, Council  meeting  6. Bid was awardedi to Donald Ray Mozingo int the amount not to exceed $80,000 for the installation 7. Contract was awarded to Mauer Architects to conduct a renovation study for the Old American  ofA AMI Water Meters Legion Hut. 8. New Hire Report Position PITS SRAC Staff (5) PIT SRAC Staff (2) P/T SRAC Staff (2) P/T Athletics Staff Current Vacancies Position Electric Line Technician Facility Maintenance Specialist PW ITS Specialist P/T Equipment Mechanic Police Officer I/II - Patrol (4 positions) Police Police Records Specialist Utility Line Mechanic Water Plant Superintendent PU- Water Plant  Department P&R- Aquatics P&R- Aquatics P&R- Aquatics P&R - Athletics Department PU- Electric General Government PW-G Garage Police PU- Water/Sewer  BudgetLine  Rate of Pay  Electric Line Technician (2) PU-E Electric  31-72-7230-5100-0200 $19.96/hr. ($41,516.80lyr.) 1060-6220-510-0230 $8.00/hr. 10-60-6220-5100-0230 $9.00/hr. 10-60-6220-510-0230 $9.00/hr. 10-60-6240-5100-0210 $10.00/hr..  Budget Line 31-72-7230-5100-0200 10-30-5600-5100-0200 Shared 10-30-5650-5100-0200 10-20-5100-5100-0200 10-20-5100-5100-0200 30-71-7220-5100-0290 30-71-7200-5100-0200  9. The. Johnston County Mutual Aid Agreement for Fire Protection was approved.  Business Items:    6352  1. Annexation Request - Floyd Landing Holding, LLC (ANX-22-01): The property owner has submitted ar request for voluntarily contiguous annexation of 96.82 acres into the Town of Smithfield and adoption of Resolution No. 699 (08-2022) Planning Director Stephen' Wensman addressed the Council on a request by Floyd Landing! Holding, LLCt toa annex 96.82 acres intot the Town of Smithfield. Mr. Wensman explained this was thet firsts step in the annexation process. Essentially, the Council was directing the Town Clerk to certify the sufficiency of the annexation petition. If the petition was sufficient, the Council would accept the  findings and schedulet the public hearing fort the August meeting.  Councilman Wood made a motion, seconded by Councilman Rabil, to adopt Resolution No. 699 (08-2022) directing the Town Clerk toi investigate the sufficiency oft the annexation  petition. Unanimously approved.  TOWN OF SMITHFIELD RESOLUTION NO. 699 (08-2022) RECEIVED UNDER G.S. 160A-31  DIRECTING THE CLERK TO INVESTIGATE AF PETITION  WHEREAS, ap petition requesting annexation of an area describedi ins said petition was received WHEREAS, G.S. 160A-31 provides that the sufficiency oft the petition shall be investigated by the Town Clerk before further annexation proceedings mayt take place; and WHEREAS, the Town Council of the Town of Smithfield deems it advisable to proceed in NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF The Town Clerki is hereby directed toi investigate the sufficiency oft the attached petition and to certify as soon as possible tot the Town Council the result of her investigation 2. Consideration and request for approval to award two contracts with Santec for engineering design of Pump Station 1 and with the Wooten Company for engineering Public Utilities Director Ted Credle explained that in March of 2022, the Town was notified by the North Carolina Department ofE Environmental Quality (NCDEQ) Division ofWater Infrastructure (DWI) that certain water & wastewater projects were to bef fundedt through the American Rescue Plan (ARP) fund. These proposed projects are designed to help alleviate capacity issues at both Pump Station #1 and Pump Station #11; which will prepare the way for growth in Smithfield. As such, the engineering design for these projects was advertised publicly, and on May 5, two (2) companies responded. Eachy was responsive andi foundt to be qualified. As such, Town staff was recommending that each company be assigned a separate project. The Wooten Company was recommended to provide services for improvements at Pump Station #11 and Stantec was recommended to provide design services at Pump Station #1. Of course, agreement with these companies depends on their ability to provide the needed services within the DWI-approved project scope & budget. Staff as asking the Town Council to approve the two, mentioned design firms, Stantec and The Wooten Company, ast the design firms ofr record andi to authorize the Town Manager to execute contracts for their services, provided such services are withint the DWI-approved scope & budget.  on. June 7, 2022 by the Smithfield" Town Council; and  response tot this request for annexation: SMITHFIELD THAT:  design ofi improvements at Pump Station 11  Councilman Scott made a motion, seconded by Councilman Wood, to award the contract tos Santec fore engineering design ofPump Station 1 andt to award the contractt to the Wooten Company for engineering design of improvements at Pump Station 11. Unanimously  approved.  3. Consideration and request for approval to award a bidi in the amount of $181,275.70 tol Tripp Brothers Inc. for the 2021-2022 Street Resurfacing Project Public) Works Director Lawrence Davis addressed the Council on a request to award the 2021-2022 streetr resurfacing project! bidt tol Tripp Brothers, Inc. Mr. Davis explained this year's resurfacing project consist ofc one (1) street" Outlet Center Drive" thatv will require milling down 2" below line before paving can be done. Approximately 53 miles of city streets will be paved. This is due tot thei increased costs of Asphalt. Outlet Center Drive is the next street due to be paved according to the Town's repaving Fourteen (14) BID! packets for the project were sent out to area contractors. Thei following proposals  schedule. were received:  1. Tripp Bro 2. Garris Grading & Paving  $181,275.70 $214,831.52    6353  3. ST Wooten Corp Daniels Inc Garner  $217,803.25 $232,166.63  . Ralph Hodge Construction Co., Inc. $260,026.62  Mr. Davis explained that due to the amount of Powell Bill funding and the rising cost of fuel, the resurfacing projectr neededt tob bes scaled! back. Originally the requestf for proposalsi included 14 streets. Whens staff reviewed those! bids, the estimates ranged from $881,000t to $541,000. Mr. Davis further explained that staff receives al lot of complaints about the condition of Outlet Center Drive, but ifthe Council wishedt to do neighborhood streets, he recommended doing 8 streets. The 8 Streets include the following: East Street, McCullers Street, Hancock Street, North Bridge Street, North Street from  900 Block 2000E Block and Holden Streetf for at total of $183,640.73.  Councilman Scott made a motion, seconded by Councilman Rabil, to table this request  until the. June 27th meeting. Unanimously approved.  4. Consideration and request for to adopt year-end budget amendments and Finance Director Greg Siler askedt that this item bet tabled until the. June 27th meeting  encumbrances  Councilman Scott made a motion, seconded by Councilman Wood, tot table this item until  the. June 27th meeting. Unanimously approved.  Councilmembers Comments:  Councilman Scott expressed his appreciation to the Town Manager and staff for their hard work on the budget. Hes stated he was inf favor ofi increasing the employees' salaries explaining the Town! had tob be competitive. He further explained that Chief of Police Keith Powell provided the Council with a draft Take Home Car Policy for the Police Department. He statedi it was important for the Council to Councilman Wood expressed his appreciation to former Councilman David Stevens. He stated Councilman Stevens brought al lot ofwisdom, knowledge and calm demeanor to the Council. Councilman Lee statedt the Police Department has recently faceds some difficult situations. He stated Mayor Pro-Tem Dunny welcomed Councilman Sloan Stevens tot the Town Council. Town Manager Michael Scott gave al brief update tot the Council on the following items: The 4th of Julyf fireworks will take place downtown this year at dusk on. July 3rd.  review the policy and discuss it.  itwasi important fort the Council tot take care ofi its employees.  Town Manager's Report:  July's Regular Council Meeting willl be. July 12th, at7 7:00. This is due tot the July 4th Holiday. Trash will alsor not bec collected on! Monday the 4th. South Smithfield' Trashy willl bep picked up on Wednesday The annual Juneteenth celebration will take place on. June 18th at Smith Collins Park. We plan to begin leaving the restrooms open during the day following the event. This will allow the kids from Councilman Wood made ar motion, seconded by Councilman Rabil, to enteri into Close Session pursuant to Councilman Rabil made a motion, seconded by Councilman Stevens, to reconvene in open session. Having nof further business, Councilman Rabil made a motion, seconded by Mayor Pro-Tem Dunn, tor recess ther meeting until Monday, June 27,2022 at6 6:30 pmi int the Council Chambers. Unanimously approved. The  the6 6th.  the splash padt to have restroom access. Closed Session: Pursuant to NCGS 143-318.11 (a)( (5) the aforementioned: statute. Unanimously approved at 9:55 pm.  Reconvene in Open Session Unanimously approved at 10:13 pm.  Recess  meeting recessed at approximately 10:14 pm.  M.AndyMoopé, Mayor  f  Shannan L. Parrish,  Jiocozbk