6250  The Smithfield" Town Council meti inr regular session on Tuesday, December 7,2021 at7:00p.m. int the Council  Chambers oft the Smithfield Town! Hall, M. Andy Moore, Mayor presided.  Councilmen Present: Marlon! Lee, District1 Travis Scott, District3 David Stevens, District2 Dr. David Barbour, District4 Stephen Rabil, At-Large  Councilmen, Absent Roger Wood, At-Large  Administrative Staff Present Michael Brown, Public Fire Utilities Chief Director Ted Credle, Lawrence Davis, Public Works Director Gary Johnson, Parks & Rec Director Timk Kerigan, Human Resources/PIO Shannan Parrish, Town Clerk R. Keith Powell, Chief of Police Greg Siler, Finance Director Stephen Wensman, PlanningD Director Administrative Staff Absent  John Dunn, Mayor Pro-Tem Michael Scott, Town Manager  Also Present Bob Spence, Town Attorney  CALLTO ORDER INVOCATION  Mayor Moore called the meeting to order at7:00 pm.  Thei invocation was given by Councilman Scott followed by the Pledge of Allegiance.  APPROVAL OF AGENDA:  Councilman Barbour made a motion, seconded by Councilman Rabil, to approve the  agenda as submitted. Unanimously approved.  PRESENTATIONS:  1. Proclamation: Honoring Jonathan "Jon" Moore's 20+ years of service to the Town of Mayor Smithfield Moore presented the following proclamation to retiring Parks and Recreation Program Supervisor Jon Moore. The Town Council expressed their appreciation for Mr. Moore's years of  dedicated service.  PROCLAMATION  Inl Honor of Jonathan "Jon" Moore's 20+ Years of Service tot the Town of Smithfield WHEREAS, Jonathan Moore has been a dedicated employee for over 20y years and retired WHEREAS, Jonathan Moore has served the Town of Smithfield as the Parks and WHEREAS, Jonathan! Moore devoted countless hourst top planning and supervising athletic WHEREAS, programs such asy youth baseball, basketball; football and soccer have helped WHEREAS, Jonathan Moore has earned the admiration of his colleagues, staff, WHEREAS, Jonathan Moore will be missed both professionally and as a friend, and we extend our very best wishes for his continued success in his life's pursuits. NOW, THEREFORE, I, M. Andy Moore, Mayor oft the Town of Smithfield along with the members oft the Town Council, express our sincere appreciation to. Jonathan Moore for his distinguished service tot the Town of Smithfield, and urge our citizens toj join with us as we extend our sincere appreciation for his work, and wish him well in his future endeavors.  on November 24, 2021; and  Recreation. Athletic Program Supervisor; and programs for children and adults; and  develop some of Johnston County's best athletes; and  participants and citizens; and  2. Administering Oath of Office to new Police Officer Anthony Moss  Mayor Moore administered the Oath of Officet to new Police Officer Anthony Moss and welcomed him  tot the Town of Smithfield.    6251  3. Fiscal Year 2020-2021 Annual Audit Report  Finance Director Greg Siler introduced Alan Thompson from the auditing firm of Thompson, Price, Mr. Thompson informed the Council there were no significant audit findings, no difficulties were encountered, no uncorrected misstatements and no disagreements with management. Management did provide a representation letter dated November 8, 2021 and his firm was unaware that management was consulting without accountants or auditors. The main reason the Town hires an auditing firm is to issue an opinion on the financial statements. Mr. Thompson stated the Town was financially healthy int the general fund, the water/sewer fund and the electric fund.  Scotta and Adams, PA.  PUBLIC HEARINGS:  1. Rezoning Request - Thomas Moyer (RZ-21-05): The applicant was requesting to rezone two parcels ofl land totaling approximately 1.31 acres from the R-10 (Residential) tot the R-8 (Residential) zoning district. The properties considered for approval are located on the northeast side oft the intersection of White Oak Drive and Azalea Drive and further identified  as Johnston County Taxl ID# 14056027B and 14056012.  Councilman Stevens made a motion, seconded by Councilman Rabil, to open the public  hearing. Unanimously approved  Planning Director Stephen Wensman explained the property owners of 18 Azalea Drive and 2 White The applicant was requested to align the existing land use with the appropriate zoning district. The multi-family dwelling on 2 White Oak Drive and the duplexes on 18 Azalea Drive are legal nonconforming uses in the R-10 district. Itis likely the properties were developed prior to current The R-10 district only allows detached single-family uses. According to Article 9 oft the UDO, if the properties were destroyed, they could only be reconstructed as conforming single-family structures. The applicant of 18 Azalea Drive requested a loan from the bank and was rejected as a result ofi its Furthermore, the property to the East of2 2 White Oak Drive (with the Tax ID 14056010) is a duplex and: zoned R-8. Itis the only spot of R-82 zoning int the area. This rezoning would make a larger 3-lot Planning Staffa and the Planning Board recommend approval of RZ-21-03 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 and in the public interest. Planning Director Stephen Wensman hasi incorporated his entire record and provided ittot the Council Councilman Scott questioned ifther request was from both property owners. Mr. Wensman responded Mayor Moore asked if there was anyone in attendance who wished to speak on the matter. There Councilman Barbour made a motion, seconded by Councilman Rabil, to close the public Councilman Barbour made a motion, seconded by Councilman Rabil, to approve zoning map amendment, RZ-21-03, findingi it consistent with the Town of Smithfield Comprehensive Growth Management Plan and other adopted plans, and that the amendment is reasonable and int the  Oak Drive are requesting their properties to be rezoned from R-10t toF R-8. zoning andi the application oft the R-10: zoning made theml legal nonconforming.  legal nonconforming status.  R-82 Zoning District and make the uses legal and conforming.  inv written form int the December 7, 2021 agenda packet. Mayor Moore askedi ift there were any questions from Council. that thet two properties would be rezonedt to R-8. was no one in attendance that wished tos speak on the matter.  hearing. Unanimously approved.  publici interest. Unanimously approved.  2. Conditional Zoning Request - Harvest Run (CZ-21-10): requesting conditional rezoning oft two parcels of land totaling 45.6 acres from the R-20A Residenta-Agncunura) zoning district to the R-8 CZ (Conditional Zoning) district for the construction ofa a 165-lot residential development. The properties considered for approval are located ont the north side of NCI Hwy 210 approximately 2001 feet west ofi its intersection with Skyland Drive and further identified as Johnston County Taxl ID# 15077017 and 15077009  Councilman Barbour made ar motion, seconded by Councilman Stevens, to opent the public  hearing. Unanimously approved    6252  Planning Director Stephen Wensman explained the Timmons Group was requesting a conditional rezoning of45.67-acres ofl land from R-20A1 to R-8 CZwith a master plan for a planned development consisting of 165 lots; 96 detached single family residential lots and 69 attached single-family The property considered for approval is a mix of agricultural and woodland containing a blueline stream, two small wetland areas, as small pond, and areas within the 500-year flood: zone. The Town's Comprehensive Growth Management Plan guides the site for mixed use along NC Highway: 210 and remainder oft the site for medium density residential. Thep proposed development is 3.61 dwelling units per acre which is less than the maximum density allowed within areas guided for The Town's Transportation Plani identifies the needf for a road connection! between West Market Street The Conditional Rezoning Master Plan is in conformance with the Comprehensive Growth Management Plan. The Master Plan should reserve future right of way for a future road connection where a trail is currently shown. There strip of land is too narrow for ai full right of way (37 wide); however additional right of way could be addedt toi itifthe adjacent land redevelops int the future. Site Access. The sitei is accessed by a proposed publicr road offo ofNC Highway 210 andi from proposed lateral access road connecting the site tot the proposed Marin Woods development to the west. A Highway Improvements. A Traffic Impact Analysis (TIA) has been prepared and the developer is committed tot the required NCDOT improvements. The developer will be dedicating 10.8 acres of the Streets. The primary access is a north-south 34' wide road, back of curb to back of curb, ina a 60' wide public right-of-way serving as the primary access road tot the townhomes and detached single-family The remainder oft the roads within the development are proposed as 29' wide, back of curb to back of curb in a 55' wide public-right of way, including the east west connector street coming from Marin The east-west connector streets should match between developments; therefore, staffi is recommending Curb and gutter. B6-12 curb and gutter is proposed throughout the development except in front of townhouse units and within ten feet of the end units. This is consistent with other recent subdivision Site Amenities. The developer is proposing decorative sign posts and street lighting throughout the Open Space/Recreational Amenities. The development preserves 16.41 acres ofl land as open space comprised of undisturbed wetiandshwoodlands, Neuse Riparian Buffers and passive and active pocket parks, including a dog park area. Pocket Parks and open space areas will be owned and maintained Mail Kiosk. A proposed mail kiosk is conveniently located along Road D (entrance road). just at the Trails. The plans show aj pavedt trail from W. Market Streett tot thel Road F cul-de-sac which will provide convenient walking tos shopping. Another traili is shown connecting the cul-de-sac on! Road Atot the cul- de-sac on Road C over the riparian buffer connecting the detached single-family area to the attached townhouse area. This trail may require a boardwalk crossing. The trail corridor to West Market Street should be dedicated as right-of-way for a future road connection as suggested in the Town's Riparian Buffer. The blue line stream that crosses the site is protected by a riparian buffer that is 50' Sidewalks. Five-foot public sidewalks are proposed on both sides of the streets throughout the development as compared tot the Marin Woods development tot the west whichi is proposing sidewalks on only one side oft the streets. A5' wide sidewalk is also proposed along NC Highway 210. Staff will be working to encourage Marin Woods developers to install a public sidewalk on both sides ofa Landscaping and Buffering. The landscape plani isi incomplete asi itc does not clearly articulate the type  townhome lots.  Comprehensive Land Use Plan and Density.  medium density residential. and NCI Hwy 210.  pedestrian trail also provides access from W. Market Street.  site for NCDOTI right-of-way.  areas. Woods.  a34' wide street, back of curb to back of curbi ina a 60' right-of-way.  approvals.  development. This represents ani improvement that exceeds UDOI requirements.  byt the Homeowner's Association.  northe end oft the townhouse area within a 7-space parking lot.  Transportation Plan.  wide following the centerl line ofthes stream.  segment of Road Ct that connects the two developments.  and location ofp plantings. The submitted plan has been summarized below:    6253  A20' wide Type CL bufferi is proposed along the boundary witht the industrial zoning tot the north edge of the detached single-family development area which consists of 3 canopy trees, 12 A 20' Type B buffer is proposed along the northeast boundary adjacent to the existing residential properties with commercial andi institutional zoning consisting of1 canopy tree and Nob bufferi is proposed1 tot thes south ande east adjacent tot thel Pine Knoll multi-family development A20" Type Bb bufferi is proposed alongside oft the B-P gas station located on NC Highway 210. AS Street yard bufferi is proposed along NC Highway 210, but itis unclear as to the type and Keener Lumber has requested a6 6' privacy fence bei installed along the boundary adjacent to Utilities. Public water will be provided by connecting to an existing watermain along the NC Hwy 210 frontage of the site. Public sanitary sewer has been coordinated with the adjacent Marin Woods Stormwater Management. The developer is committed to meeting all stormwater quantity and quality reduction requirements. Proposed stormwater control measures (SCMs) will typically consist of wet ponds and other approved measures. SCMs are shown located within open space areas and be Trasha and Recycling. Trash and recycling roll-off containers int the townhouse units be stored within a garage orv within the rear yards ofe each unit. This should be made a condition of approval. Subdivision Signs. No subdivision sign has been proposed, but easements for entry monuments are shown ont the master plan att the entrance tot the development from NC Highway 210. Homeowner's Association. An HOA will own and maintain the recreation and open space areas, stormwater facilities, pump station, trails and landscaping ont townhouse front and sidey yards and HOA Townhouses. The applicanti is proposing 69t townhouse lots inar mix off four- andi five-unit buildings. The images ofe example townhouse products int the narrative shows all units having single-car garages with Minimum! Lot Dimensions and Size. The minimum! lots size is 1,991 sq. ft. AIII lots are 2.000 sq. ft. or larger with the exception ofl lot 54 which is 1,991 sq. ft. ins size. The average townhouse lot size is Setbacks. Front-35, Rear- 15. The rear setbacki is a deviation from the required 25 setback in Building Heights. The developer is proposing 2-3 story townhomes which according to the Townhouse Unit Sizes. The developer is planning on working with NVR/Ryan Homes as the  shrubs and a6 highf fence per 100. 8shrubs per 100. off of Skyline Drive. location of plantings.  Nob buffer proposed adjacent to Marin Woods Subdivision. itsi industrial property top protect against trespassing. development to eliminate the need for a pumps station. maintained by the Homeowner's Association.  property.  8-10' wide driveways. 2,045s sq.ft. the R-82 zoning district.  developer, should comply with the maximum 351 feet building height.  townhouse builder with the following products: Target Sales Price: $230,000-250,000 limited on-street parking will be available.  3-story Juniper, 1220 sq.ft., 3 bedrooms, 2 bathrooms 2-story Poplar, 1442s sq.ft., 3 bedrooms, 2 bathrooms  Parking. The development provides 2.5 parking spaces per townhome unit. With a 35' building setback, itis feasible top park onv vehicle within a garage and two ont the townhouse driveway. Some Architectural Standards. The developer is proposing an 18" masonry water table ont thet front façade of all townhomes. All elevations must have windows on all exterior sides of dwellings. All front windows will have shutters or trim. Corner side yard windows will be treated as a front elevation. Detached Single-Family Residential. The developer is proposing to create 96 detached single family residential lots. The images of example single-family homes all show 2-car garages and Minimum Lot Dimensions and Size. The minimum lots size is 6,308 sq. ft. with ar minimum lot width of 55' and lot depth of 114.7. The lot dimensions and size represent a deviation from the R-8 zoning which requires 8,000 sq. ft. lots with a minimum frontage width of7 701 feet. The average lot Setbacks. Front- -30, Side-6, Rear- -20. Corner side- 16' The side and rear setbacks represent ac deviation from the R-82 zoning whichr requires a 10' side and 25' rear setback.  The written narrative provides images ofe example townhomes.  covered entryways.  size proposed is 8,103 sq. ft.    6254  Building Heights. The homes will comply with the maximum! building height of 35' Home Sizes. The developer is planning on working with NVR/Ryan Homes as the single-family home  builder with thef following products:  Birch- two story, 1680s sq.ft, 45 bedrooms, 2 bathrooms Cedar- two story, 1903 sq.ft, 41 bedrooms, 2b bathrooms Elm two story, 2203 sq. ft,4b bedrooms, 2b bathrooms Spruce - one story, 1296 sq. ft, 31 bedrooms, 2 bathrooms  Target Sales Price: $280,000-$320,000  Parking. With: 2-car garages, each single-family home should have a minimum of4p parking spaces Architectural Standards. The developeri is proposing a 24" masonry watert table ont the front façade ofalls single-family homes. Alle elevations must have windows on all exterior sides of dwellings. All front windows will have shutters or trim. Corner side yard windows will be treated as a front elevation. Single-family detached dwellings should not have the same elevation with parcels adjacent to or directly across the street as the subject parcel's elevation. The written narrative The developer is seeking deviations from the UDO as part ofther rezoning. The purpose of conditional zoningi ist top provide flexibility from conventional: zoning and to allow creative projects to occurt 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  per unit.  provides images ofe example homes.  Conditional zoning UDOF Requirements: Item Townhouse Streets Townhouse curb and gutter Townhouse Rear Setback Detached Single-family lot width Detached Single-family lota area Detached Single-family side setbacks 10' Detached Single-family rear setbacks 25'  R-8/UDO  R-8CZ  34' wide b/bi in60 RW B6-12 curbs 25' 70' 8,000s sq. ft.  29 wide b/bi in5 55' RW. Valley curbs in front of units and within 10' ofe end unit. 15' 55' 6,308sq. ft. 6' 20' 20'  Building Separation  40'  Proposed improvements exceeding UDO requirements: Decorative street signs and lightp posts. Sidewalks on 2-sides ofe each street VS. one side. Trails to Market Street and between the Townhouse and single-family home areas. Increased townhouse fronts setbacki to 35' Off-street parking at2 2.5 units per dwelling exceeds required 2 units pera acre. Architectural Standards Landscapingi ins singlef family development areas. Privacy fence along Keener Lumber if agreed tob by applicant. B6-12 curb and gutter ini front of single-family lots Valley curb and gutter ont townhome: streets 96' bulb on allo cul-de-sacs Removal ofp pumps station and connect tos stubs provided by Martin Woods 55' ROW on 29' B-B streets Trail connection from Martin' Woods att the end oft the cul-de-sac on Road E Update lighting detailt to provide decorative street poles Tree Survey tob be provided with CDs vegetated buffers to utilize existing landscape where possible Adde entrance island Left and right-turn lanes into the site (off NC-210).  Mr. Wensman explained the following changes tot the plan since the Planning Board meeting.  Planning Staff and the Planning Board recommend CZ-21-10 with 8-conditions with a statement declaring the request consistent with the Town of Smithfield Comprehensive Growth Management Plan and other adopted plans and the request is reasonable andi int the public interest:    6255  1. Thatt the future preliminary plat and development plans for the subdivision be in accordance with the approved Master Plan, R-8 Zoning District, and UDO regulations with the with the  following deviations: Item Streets  R-8CZ  29' widel b/bi in 55' RW Valley curbs in front of townhomes and within 10' of  Townhouse curb and gutter Townhouse Rear Setback Detached Single-family lot width Detached Single-family lot area Detached Single-family side setbacks Detached Single-family rear setbacks Building Separation  end unit. 15' 55' 6,308 sq. ft. 6' 20' 20'  1. Thatt the parking lote entrances be constructed ina accordance with thet town's standard driveway 2. That a revised landscape plan be provided that clearly articulates the types and locations of proposed landscaping including al landscaped berm with ap privacy fence along NC Highway Thatt thet trash and recycling roll-offo containers int thei townhouse units bes stored withina as garage 6. That Road C between Road D and the boundary with Marin Woods be constructed as a 34' 7. That the pedestrian trails between cul-de-sacs andi tol Marin Woods development be designed Planning Director Stephen Wensman has incorporated his entire record and provided ittot the Council Councilman Barbour questionedi ifthe developer was goingt toi installa ai fence alongt thel Keener Lumber property line. Mr. Wensman responded the developer was going to install a type C buffer, but the Council coulds specify thata a privacyf fencek bei installed asa a condition ofa approval. Mr. Wensman stated Councilman Barbour further questioned ift the single-family homes could be included in condition 5. Mayor Moore askedi ifthere was anyone in attendance who wished tos speak ont the matter. Beth Blackmony with the Timmons Groupe expressed her appreciation tol Town Stafff fort theira assistance. She stated she, along with otherr members oft the group, were available for any questions. Brian Massengill of 1903 North Harrison Avenue Cary, North Carolina expressed his appreciation for allowing the developers tob bring Harvest Run tot the Town of Smithfield. Councilman Barbour made a motion, seconded by Councilman Rabil, to close the public Councilman Barbour madea a motion, seconded! by Councilman Stevens, to approve zoningr map amendment CZ-21-10 with 9 conditions, finding the rezoning consistent with the Town of Smithfield Comprehensive Growth Management Plan and other adopted plans, and that the amendment is reasonable and int the public interest. Unanimously approved. 1. That the future preliminary plat and development plans for the subdivision bein accordance with the approved Master Plan, R-8 Zoning District, and UDO regulations  detail. 210.  3. Thatt thet trail corridor tol Market Street be dedicated as public right-of-way. 5. That the architectural standards bei incorporated into the! HOA declarations.  orv withint the rear yards.  wide b/b Streeti inae 60' public right-of-way. with a grade acceptable tot the Town Engineer. in written form int the December 7, 2021 agenda packet. Mayor Moore askedi if there were any questions from Council. the applicant has agreed toi installt the privacy fence. Mr. Wensman stated itcould be addedt tot the HOA agreement.  hearing. Unanimously approved.  Conditions:    6256  witht the with thet following deviations:  Item Streets  R-8CZ 29' widel b/bi in 55' RW 10' ofe end unit. 15' 55' 6,308 sq. ft. 6' 20' 20'  Valley curbs inf front oft townhomes and within  Townhouse curb and gutter Townhouse Rear Setback Detached Single-family lot width Detached Single-family lot area Detached Single-family side Detached Single-family rear Building Separation driveway detail. Highway 210.  setbacks setbacks  2. That the parking lot entrances be constructed in accordance with the town's standard 3. That a revised landscape plan be provided that clearly articulates the types and locations of proposed landscaping including a landscaped berm with a privacy fence along NC 4. That thet trail corridor tol Market Street be dedicated: as public right-of-way. . That the trash and recycling roll-off containers in the townhouse units and single-family units bes stored within ag garage or within the rear yards. 6. That the architectural standards bei incorporated into the HOA declarations. 7. That Road C between Road D and the boundary with Marin Woods be constructed as a 34' wide b/b Street ina a6 60' public right-of-way. 8. That the pedestrian trails between cul-de-sacs and to Marin Woods development be designed with a grade acceptable tot the Town Engineer. 9. Type Cb buffer around the Keener Lumber Property include ap privacy fence.  Town Clerk Shannan Parrish administered affirmations tot those that wishedt to offer testimony duringt thel Public  Hearings.  3. Preliminary Plat Approval - Harvest Run (S-21-07): The applicant was preliminary subdivision approval ofa 165-lotr residential subdivision onp property located within anl R-8CZ Residental-Condtional Zoning) district. The properties considered for approval are located ont the north side of NCI Hwy 210 approximately 200f feet west ofi its intersection with Skyland Drive and further identified as Johnston County Tax ID# 15077017 and 15077009  Councilman Barbour made ar motion, seconded by Councilman Stevens, to open the public  hearing. Unanimously approved.  Planning Director Stephen Wensman testified the property was just rezoned to R-8 CZ with a master plan consisting of 165 lots; 96 detached single family residential lots and 69 attached single-family townhome lots. Since the rezoning was approved, the preliminary plat needs to be substantially consistent with the approved master plan. Staffi finds the preliminary plat consistent with the approved  master plan.  Mr. Wensman reviewed staffs opinion oft thei findings. They are as follows:  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 oft this ordinance; The plan complies with all applicable requirements of this ordinance and the R-8 Conditional Zoning 3. There exists adequate infrastructure transportation and utilities) to support the plat as 4. 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.  District.  proposed. Therei is adequate infrastructure    6257  adjacent properties or other neighborhood uses.  Planning Staff recommends the Town Council approve the preliminary plat of Marin Woods, S-21-03, 1. Thatt thei futurep preliminary plata and development plans fori the subdivision! bei ina accordance with the approved Master Plan, R-8 Zoning District, and UDO regulations with the with the  with the following conditions based oni finding off facti for preliminary subdivisions:  following deviations:  Item  R-8CZ  Streets gutter Townhouse Setback Detached Single-family 55' lot width Detached Single-family 6,308s sq. ft. lota area Detached Single-family 6' side setbacks Detached Single-family 20' rear setbacks Building Separation  29' wide b/bi in 55' RWW townhomes and within 10' ofend  Townhouse curb and Valley curbs in front of  unit. Rear 15'  20'  2. That the parking lot entrances be constructed in accordance with the town's standard 3. That a revised landscape plan be provided that clearly articulates the types and locations of proposed landscaping including a landscaped berm with a privacy fence along NC 4. Thatt the trail corridor to Market Street! be dedicated as public right-of-way. 5. That the trash and recycling roll-off containers in the townhouse units be stored within a 6. That the architectural standards bei incorporated into the HOA declarations. 7. That Road C between Road D and the boundary with Marin Woods be constructed as a 3. That the pedestrian trails between cul-de-sacs and to Marin Woods development be 9. That Park dedication fee-in-lieu be paid priort to final plati in accordance with UDO Section 11. That the HOA declarations and covenants be submitted for Town Attorney review prior to Planning Director Stephen Wensman has incorporated his entire record and provided ittot the Council Mr. Wensman testified the additional conditions from the conditional rezoning could be added tot the Mayor Moore askedt the applicant if they agreed with the testimony provided by Mr. Wensman and if they had additionalt testimony to offer. Beth Blackmon oft the Timmons group testified thats she was in agreement with the testimony offered by Mr. Wensman. She further testified that the four finding of fact were met. Thy have followed the UDO, the Comp Plan and Town policies. The property was rezoned so it complies with all applicable requirements of the ordinance. There was adequate Councilman Stevens asked ift there were any plans for NC Highway 210. Jeff Hochanadel, the traffic engineer fort the project, testifiedt they were looking atal leftt turn lane off NC 210 into the site with 100 foot off full width storage, and ar rightt turn lane off ofNC210i into the site with 751 feet ofs storage. Mayor Moore asked ift there was in attendance that was duly sworn in who wished to testify on the matter. There was no onei in attendance who wished tot testify ont the matter.  driveway detail. Highway 210.  garage or withint the rear yards.  34' wide b/b Streeti ina a6 60' public right-of-way. designed with a grade acceptable tot the Town Engineer. 10. That public utility service fees be paidi ini full priort tot final plat.  10.114.8. final plat.  inv written form int the December 7, 2021 agenda packet.  preliminary plat approval.  infrastructure andi ity would not be detrimental to any oft the adjacent properties. Mayor Moore askedi ift there were any questions or comments from the Council.  Councilman Scott made a motion, seconded by Councilman Stevens, to close the public Councilman Barbour made ai motion, seconded by Councilman Stevens, to approve zoning  hearing. Unanimously approved.    6258  map amendment, S-21-03, with 12 conditions of approval, based on the 41 finding of fact  forp preliminary subdivision. Unanimously approved.  Approved Conditions:  That the future preliminary plat and development plans for the subdivision be in accordance with the approved Master Plan, R-8 Zoning District, and UDO Townhouse curb and gutter Valley curbs in front of  regulations with the with thei following deviations:  Item Streets  R-8CZ 29 wide b/bi in 55 RW townhomes and within 10' of end unit. 15  Townhouse Rear Setback Detached Single-family lot 55' width Detached Single-family lot 6,308 sq. ft. area Detached Single-family side 6' setbacks Detached Single-family rear 20' setbacks Building Separation standard driveway detail. fence along NCI Highway 210.  20'  2. That the parking lot entrances be constructed in accordance with the town's 3. That a revised landscape plan be provided that clearly articulates the types and locations of proposed landscaping including a landscaped berm with a privacy 4. That thet trail corridor tol Market Street be dedicated as public right-of-way. That the trash and recycling roll-off containers int the townhouse units and single- family residential units be stored within a garage or within the rear yards. 6. That the architectural: standards be incorporated into the HOA declarations. 7. That Road C between Road Da andt the! boundary with Marin' Woods be constructed asa a3 34' wide b/b Streeti in a 60' public right-of-way. 8. That the pedestrian trails between cul-de-sacs and to Marin Woods development bec designed with a grade acceptable toi the Town Engineer. 9. That Park dedication fee-in-lieu be paid priort toi final plati in accordance with UDO 10. That public utility service fees be paidi in full prior to final plat. 11. That the HOA declarations and covenants be submitted for Town Attorney review 12. Type Cb buffer around the Kenner Lumber Property include ap privacy fence  Section 10.114.8. prior toi final plat.  4. Conditionalz Zoning Request- - Franklin Townes (CZ-21-11): The applicant was requesting conditional rezoning of one parcel of land totaling 15.9 acres from the R-20A (Residential- Agricultural) and R-8 (Residential) zoning district to the R-8 CZ (Conditional Zoning) district for the construction of a 134-lot residential development. The property considered for approval is located on the southeast side oft the intersection of Wilson's Mills Road and M. Durwood Stephenson Parkway and further identified as Johnston County Tax ID#  15083049E  Councilman Barbour made a motion, seconded by Councilman Rabil, to open the public  hearing. Unanimously approved  Planning Director Stephen Wensman explained R&R Development of NC, LLC was requesting a conditional rezoning of 15.9-acres of land from R-20A and R-8 to R-8 CZ with a master plan for a Mr. Wensman further explained the property considered for approval was agricultural with some woody vegetation along the perimeter. There are neighbor encroachments onto the development parcel, fences and al building thats should be addressed with the development oft the site. The applicant has indicatedi that all the encroachments will be removed except for a portion oft the church driveway which encroaches only a few feet. Therei is no wetlands or other environmental features ont the site. Comprehensive Land Use Plan and Density. The Town's Comprehensive Growth Management Plan guides the site for medium density residential which! has a maximum density of9.61 dwelling units per acre. The proposed developmenti is 8.43 dwelling units per acre. There are some encroachments onto the property from adjacent property owners. There is a garage and ai fence that encroaches on the property. Also, the church has a driveway coming off Wilson's Mills Roadt that overlaps the property by  planned development consisting of 134 attached single-family townhome lots.  MASTER PLAN/ANALYSIS:  afewf feet.    6259  Site Access. The primary access tot the development will be off Wilsons's Mills Road about 440 feet south of the centerline of M. Durwood Stephenson Parkway as required by NCDOT. A secondary Streets. The Streets within the development are proposed to be 27' wide b/b in a 50' public right-of- way. The Town's standard streeti is a 34 wide b/b street in a 60' public right of way. The 27' wide streets were chosen to discourage on-street parking. The applicant hasi indicated the HOA will restrict on-street parking. The streetv widths represent a deviation from the Town's standard street detail. Highway Improvements. The developeri isp providinga1 10' public right-of-way dedication fort the widening of Wilson's Mills Road and restriping near the entrance drive the road area to accommodate the new Curb and gutter. Valley curbs are proposed throughout thel Franklin development;, whereas the Town's standard is al B6-12 curb and gutter. Ins several recent development: approvals, the Town Council has allowed valley curbs in front of townhouses and within 10' of the end unit. If this standard were implemented with the Franklin development B6-12 curb and gutter would be used for the first 601 feet oft the entrance drive off Wilson's Mills Road, along the entrance drive off Sunrise, around the park area, the cul-de-sac and around/in the off-street parking areas. The use of valley curb represents a Site Amenities. A private neighborhood open space/park with a pergola and fire pit, playground, 18 space parking lot, mailbox kiosk of about % acres in size. Also, a dog park and walking trail loop is proposed around the stormwater pond facility. The developer plans toi include decorative street lamps Sidewalks. A1 five-foot-wide concrete sidewalk is proposed along Wilson's Mills Roadf frontage and on The developer is proposing a 10' wide Type A landscaped buffer with a 6' opaque perimeter fence The continuous 10' wide Type A buffer with an opaque perimeter fence will continue behind Building F to deter Franklin residents from using the open space between Parcel ID 15083045 and Parcel ID The buffer behind buildings A-C will have double the required plantings where the Townhouses are closert toi the property boundary (ther rear yards range in depth from 15 - 20' and the landscape buffer The Planning Board recommended a landscaped berm along Wilson's Mills Road and the developer has agreed. Staff recommends a fence or opaque landscaping with the berm to screen back yards Section 8.13.1 Multi-Family Dwellings requires a 40' spatial buffer (townhouses are considered multi- family in the UDO, although a single-family product). Recently approved developments have provided varying! buffers from adjacent property (Floyd's Landing 100', Whitley Townes-: 25', Marin' Woods -  access will be off of Sunrise Avenue whichi is a requirement of Fire Code.  road asr required by NCDOT.  deviation from the Town's standard curb and gutter.  throughout the development. Landscaping and Buffering.  one side oft the public streets as required by the UDO.  adjacent to existing residential properties. No fence detail has been provided. 15083044A. There will be a gate access with al lock for maintenance access only. is 10 wide). Additional plantings have been added behind buildings H-I.  alongt the highway.  15). This may! be considered a deviation from the UDO requirements. Center end units willl have 9s shrubs and a small upright evergreen tree Roade end units willl have a mix of 13 plants consisting ofs shrubs, evergreen trees. development. The UDO provides for some creditf for trees preserved.  Townhouse unit landscaping: Center units willl have 6 shrubs  Tree Preservation. The developer has indicated that some existing perimeter trees will be preserved with the construction. At tree survey was provided, but itis unclear which trees willl be preserved after Utilities. The development willl bes served by Towny water and sewer. There exists Town gravity sanitary sewer and water mains in both Wilson's Mills Road and Sunrise Avenue. There is currently enough sewer capacity to serve this project, although the Town has about reached its capacity limits with all the developments currently proposed. The west side of Smithfield is within the Duke Energy service Stormwater Management. The site is within the WS-IV-CA (Watershed Critical Area Overlay District) andi is required to manage stormwater to al higher standard than elsewhere int the Town. The developer Trash and Recycling. Individual townhouse lots are configured such that some lots have no access to their back yards except through the dwelling. This limits the ability to store trash and recycling in the rear yards. Storage of trash and recycling roll offs within a garage or rear yards should be made a Subdivision Signs. Ar monument: sign isp proposed adjacent the main entry on Wilson's Mills Roadi in the  area.  has shown a stormwater management facility int the northeast corner oft the site.  condition ofa approval. common open space.    6260  Homeowner's Association. An HOA will own and maintain the recreation and open space areas, stormwater facilities, trails and landscaping ont townhouse front and side yards and HOA property. Townhouses. The applicant is proposing 134 townhouse lots in ar mix of3-, 4-, 5- and 6-unit buildings. Minimum Lot Dimensions and Size. The minimum lots size is 1,800 sq. ft. the minimum lot width is 20' and lot depth is 90'. The smallest lots are associated with buildings A-C. The remainder of Front - 30. Setback from Wilsons Mills Road - 50'. This matches the R-8 setback Rear- 15. Most oft the lots meet the R-8 rear setback requirement of 25' except for the lots inb buildings A-C andy Y. Building Y has ample open space behind ther rear yards, but buildings A-C have 15' rear yards up against the proposed 10' buffer. The townhouse walls alternate between 25' and 30' from the development boundary. The reduced rear setbacks onl lots A-C Building Separation. Section 8.13.1.2 requires multi-family buildings to have a separation of 40. The developer is showing a minimum separation of20' similar to otherr recenta approvedt townhouse Building Heights. The developeri is proposing 3 storyt townhomes with al building height of 39-6%" which exceeds the maximum building height oft the 35. This represents a deviation from the UDO Townhouse Unit Sizes/Estimated Sales Price. The developer has shown two townhome types:  thel lots are larger witha at typical depth of 100. Endl lots have ay width of25  Setbacks. requirement.  and Y represent deviations from the UDO.  Corner side- - 15.  projects. This represents a deviation from the UDOr requirements.  requirements.  The Rose- -2,106 sq. fL.-$275,000 The Akamatsu. 1,792s sq. fL.-$250,000  Parking.  Each unit can park up to 3 cars per unit; one int the garage and two stacked in a driveway. With a 30' setback, there may be some encroachment into the public sidewalk with larger vehicles. The Planning Board recommended a reduced utility strip (from 5 to 3)t to alleviate The development provides 450 overflowlguest parking spaces between 3 parking lots. There are 18s spacesi int the central park area, 18 spaces int the cul-de-sac lot and 9int the dog park Total parking = 3.33 parking spaces per unit. UDO requires 2 per unit. The parking exceeds There is adequate overflow parking although itis not convenient for all units. Architectural Standards. The developer has not provided proposed architectural standards in writing; however, the twoi identified townhome models comei ina at type A orE B. The townhome facades show a mix of shakes, lap and board and batten siding. Covered entryways and some second story balconies. Windows show a mix ofr mullion types, some with shudders. Single-car garages have decorative doors with divided windows. The rear elevations oft thet townhomes have as smalls second story deck over the rear sliding  parking encroachments int the public right-of-way.  lot.  the UDOS standard.  doors and patio area.  No details have been showni for end units.  The developer is seeking deviations from the UDO as part oft the rezoning. The purpose of conditional zoning ist top provide flexibility from conventional zoning and to allow creative projects to occur through ar negotiated (give andt take) approach to achieve the desired project that both the developer and town mutually can bes satisfied with. The applicanti is seeking thef following deviations from thet following UDO Streets & right-of-way 34' wide b/bi in 60' RWV with 5' 27 wide b/bi in 50' RWWwith 3'  Requirements: Item  R-8/UDO utility strip B6-12 curbs 25' 40'  R-8CZ utility strip Valley curbs 15' 10'  Curb and gutter Rear setback Perimeter buffer    6261  Building separation Building height  40' 35'  20' 39-61"  Proposed Improvements Exceeding UDO requirements: Parking at 3.3 spaces per dwelling 6'opaque perimeter fence Enhanced landscaping behind units A-C and H-I Opens space/recreational. amenities exceed UDO standards. Architectural Standards Decorative streetlamps.  Landscaped berm (and fence or opaquel landscaping) along Wilson's Mills Road.  Mr. Wensman explained an adjacent property owner attended the Planning Boardi meeting to voice concerns aboutt the townhomes being too close tot the property line. The developer has proposed a very robust landscape plant that would screen the development: from the adjacent properties. Planning Staff recommends approval of CZ-21-11 with the following conditions:  1. That the future preliminary plat 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:  Item  R-8CZ  Streets & right-of-way 27 wide back-to-back in 50'  RWwith 3' utility strip Valley curbsi inf front of units and within 10' ofane end unit.  Curb and gutter Rear setback Perimeter buffer Building separation Building height  15' 10' 20' 39-6%"  2. That the parking lote entrances be constructed in accordance with the town's standard driveway Thata ai tree preservation plan be provided thati identifies the trees to ber removed and preserved. Thatt the trash and recycling roll-off containers int thet townhouse units be stored within ag garage That B6-12 curb and gutter bei installed excepti inf front of7 Townhouse units and within 101 feet of That the landscape plan be amended toi include a plant schedule indicating the type, number and size of proposed trees, mulcht type and planting bed edges, and any required replacement 7. Thata al landscaped berm with a privacy fence or opaque planting bei installed along the Wilson's That structures encroaching on the development property be removed except for the church 10. That an HOA be responsible for the ownership and maintenance of all common amenities including landscaping, including front and side yard landscaping, the stormwater SCM, parking 11. Thata a prohibition of street parking bei incorporated into the HOA declarations. 12. That the 5 sidewalk within the development be installed 3' off the back of the curb with the remaining 2' feet of grass stript to be adjacent to the public right-of-way line. Planning Director Stephen Wensman has incorporated his entire record and provided itto the Council  detail.  orv withint the rear yards.  ane end unit where a valley curb will be allowed.  trees. Mills Roadf frontage. driveway.  That architectural standards bei included int the HOA declarations.  lots, recreational amenities, and opens space.  inv written formi int the December 7, 2021, agenda packet. Mayor Moore askedi ift there were any questions from Council.    6262  Councilman Barbour questioned the type of buffer. Mr. Wensman responded the developer was proposing a 10' wide Type Al landscaped buffer with a 6' opaque perimeter fence adjacent to existing residential properties. The buffer behind buildings A-C will have double the required plantings where the Townhouses are closer tot the property boundary (ther rear yards range in depth from 15' -20' and the landscape buffer is 10 wide). Additional plantings have been added behind buildings H-I. The Planning Board recommended a landscaped berm along Wilson's Mills Road and the developer has agreed. Staff recommends a fence or opaque landscaping with the berm tos screen back yards along Town Attorney Bob Spence expressed some concerns aboutt the structures that were encroaching on the property and the proposed removal of the garage and fence. Mr. Wensman responded the alternative would bet top process al lotl line adjustment and givet that land tot the persont thati is encroaching ont this property. The reasoni for condition 8i is sot thati ito does not become ani issue int the future. Mayor Moore asked the Town Attorney about his suggestion to remove condition 8. Mayor Moore suggested thati instead ofr requiring the developer to remove the structures, the Council could choose tor require the developer and the property owner to come to some type of encroachment agreement. Mr. Spence respondedi to add to condition 8:Thats structures encroaching on the development, property be removed except for the church driveway unless the developer and the property owner of the Mayor Moore asked ift there was anyone in attendance who wished tos speak ont the matter. Alice Bryan of1 101 Poplar Drive asked ifai traffic light could bei installed att the intersection of Wilson's Mills Road and Sunrise Street. Mr. Wensman respondedt that sincet that was an! NCDOT road, the Town Rob Bailey with R &F RI Development explained that he was the developer on this project. Mr. Bailey explained one oft the things that we have done to consider your concern is on Wilson's Mills Road, our secondary access, we choset to uset the onet that'st the furthestt towards Wilson's Mills Road, instead of having the one that was further back, we felt that that would have fewer people coming out of the community would use that to go turn back and go across to Sunrise. There would be fewer of our residents cutting in and impacting quality ofl life for the residents of Sunrise. Since traffic on) Wilson's Mills Road was a major concern, the developer has worked with NCDOT and there will be turn lanes intot the development. Mr. Bailey explained they were proposing toi installa a serpentine berm instead of having onet that wasj justs straight with af fence ont top. Evergreens will bei installed inas staggered pattern Councilman Barbour expressed his concerns backyards being exposed to the roadways. Mr. Bailey explained hes spoke with the adjacent property owner, Mr. & Mrs. Britt because their property does not have any existing vegetation. He heard and understood their concerns aboutr residents oft the townhomes being ablet tos seei intol Mr. &I Mrs. Britt's backyard. Mr. Bailey explained that to mitigate their concerns and impact, taller evergreens would be installed to screen their property from the Tony Tate landscape architect and land planner with TMTLA Associates in Durham provided a PowerPoint presentation to the Council outlining the design of the development. He provided the Franklini is a 15.9 acre for sale townhome neighborhood providing an alternate housing option positioned in transition from Durwood Stephenson Parkway and the existing residential Franklin provides the homeowners 5.41 acres ofa active open space consisting of walking trails around both the stormwater pond and the central gathering space, a playground, children's activity field, pergola with patio and fire pit, and a dog park with dog washing station. The wide range ofa activities is intended on providing activities for children and adults. Franklin maintains existing vegetation alongt thep property perimeter, especially thel larger mature Provides enhanced: streetscapes with canopy and ornamental trees. Provides enhanced landscaping along the boundary line between the residents on Sunrise Provides a6f foot tall privacy fence screening along the boundary with adjacent single family Guest parking is off the street and dispersed throughout the neighborhood. Each home will Mr. Tate further explained they were proposing af five-foot-tall earthen berm with trees ont top, but there would also be midge range plants too in a staggered off-set pattern. The evergreens on the top would be6 6't to 8' tall att thet time of planting. This would provide ar nice look from Wilson's Mills Road. Councilman Barbour questioned if there would be any landscaping along Durwood Stephenson Parkway. Mr. Tate explained there were large oak trees on the corner and all those trees would ne preserved. Other vegetation would bei installed betweeni the oak trees and the stormwater pond. Mayor Moore questioned the type off fencing that would be installed on the side oft the development adjacent tol Hillcrest Drive. Mr. Tate responded it would be a six-foot tall wood or PVC privacy fence.  the highway.  encroaching structures enteri into a satisfactory encroachment agreement.  hadi no control oft that road.  one eithers side oft the berm.  development. Mr. &I Mrs. Britt were happy with those accommodations.  following:  neighborhood and the Smithfield First Pentecostal Church.  oaks along Stephenson Parkway Avenue andi Hillcrest Drive. have 3p parking spaces.  homes on Sunrise Avenue and Hillcrest Drive.    6263  Mayor Moore asked for an example oft the types of plantings that would be installed adjacent to the properties ofH Hillcrest Drive and Sunrise. Avenue. Mr. Tate responded that they wouldi install 5'1 to6'tall Nelly Stevens Hollies and to add an additional layer, 8' tall Green Giant Arborvitaes could be planted  since they grow much taller than the Nelly Stevens.  Mayor Moore asked that the size oft the plants be stipulated in the conditions.  Councilman Barbour made a motion, seconded by Councilman Rabil, to close the public Councilman Barbour made ar motion, seconded by Councilman Stevens, to approvez zoningr map amendment CZ-21-11, with 13 conditions, finding the rezoning 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. 1. Thatt the future preliminary plat and development plans for the subdivision bei in accordance with the approved Master Plan, R-8 Zoning District, and UDO regulations  hearing. Unanimously approved.  Conditions:  with the with thet following deviations:  Item  R-8CZ  Streets &r right-of-way 27 wide back-to-back in 50'  R/Wwith 3' utility strip Valley curbsi inf front of units and within 10' ofa an end unit.  Curb and gutter Rear setback Perimeter buffer Building separation Building height  15' 10' 20' 39'-6%"  2. That the parking lot entrances be constructed in accordance with the town's standard 3. That a tree preservation plan be provided that identifies the trees to be removed and That the trash and recycling roll-off containers int the townhouse units be stored within a 5. That B6-12 curb and gutter be installed except ini front of Townhouse units and within 10 6. That the landscape plan be amended to include a plant schedule indicating the type, number and size of proposed trees, mulcht type and planting bede edges, and any required 7. That a landscaped berm with a privacy fence or opaque planting be installed along the Those structures encroaching on the development property be removed or and encroachment: agreement bep puti inp place oral lotl line adjustment ber madet to accommodate 10. Thata an HOA be responsible for the ownership and maintenance of all common amenities including landscaping, including front and side yard landscaping, the stormwater SCM, 11. Thata a prohibition ofs street parking bei incorporated into the HOA declarations. 12. That the 5's sidewalk withint the development bei installed 3' off the back oft the curb with the remaining 2' feet of grass strip to be adjacent tot the public right-of-way line. 13. Plantings along! Hillcrest Drive! be atl least 6' tall att the time ofi installation.  driveway detail. preserved.  garage or within ther rear yards.  feet ofa ane end unit where a valley curb will be allowed.  replacement trees. Wilson's Mills Roadf frontage.  them. The church driveway wouldr remain unchanged. 9. That architectural standards bei included int the HOA declarations. parking lots, recreational amenities, and opens space.  5. Zoning Text Amendment - Town of Smithfield (ZA-21-07): The applicant was proposing an amendment to Article 3 of the Unified Development Ordinance that will revise ethical standards for greater consistency with (G.S. 14-234 (al) (4) and (G.S. 160D-109)    6264  Councilman Barbour made a motion, seconded by Councilman Stevens, to open the public Planning Director Stephen Wensman explainedt the Town Council adopted amendments to the Unified Development Ordinance (UDO). to comply with NCGS 160D. These amendments included an amendment to Section 3.2 Ethics which was more restrictive than State statutes. This draft amendment more closely aligns Section 3.2 with N.C.G.S. 14-234 and N.C.G.S. 160D-109. Mr. Wensman further explained the UDO amendment to Section 3.2 Ethics updated the ethics requirements for appointed boards to follow NCGS 160D legislation, however the adopted Town ordinance did not consider exceptions found int the statutes which as a resulte effectively prohibits any Town Council appointed board member from having a contract with the Town of Smithfield whether the appointed boardr member! had any influence over the contract or not. Currently, one or more ofthe Town's appointed board members are in violation of the Town's ethics regulations, making them ineligible for reappointed. The proposed amendment to Section 3.2 remedies this by making the A revised ordinance (different from that provided in the agenda) was provided to the Council for consideration based onf further recommendation from Town Attorney Bob Spence. Planning Staff and the Planning Board recommend Staff and the Planning Board recommend the Town Council approve UDO amendment, ZA-21-07, with a statement finding it consistent with the Town of Smithfield Comprehensive Growth Management Plan and other adopted plans, and that the Mayor Moore asked the Town Attorney tos summarize the changes from the ordinance submitted in the agenda packet and the one being considered by the Council att the meeting. Town Attorney Bob Spence responded that after further review, he used language that directly quoted the statute. The other language was a summary in nature. Mr. Spence explained he directly quoted the principle Planning Director Stephen' Wensman has incorporated his entire record and provided ittot the Councilman Scott questioned ift there were any appointed members that would be affected by this change. Town Attorney Bob Spence responded there would be members that would not bei in violation undert the new provision that would have been undert the old ordinance. Mayor Moore askedi ifthere was anyonei ina attendance who wished to speak on the matter. There was no one ina attendance that wished tos speak ont the matter. Councilman Stevens made a motion, seconded by Councilman Rabil, to close the public Councilman Stevens made a motion, seconded by Councilman Barbour, to approve zoning text amendment, ZA-21-07, finding the amendment consistent with the Town of Smithfield Comprehensive Growth Management Plan and other adopted plans, and that the amendment is reasonable and int the public interest. Unanimously approved. DRAFT ORDINANCE #ZA-21-07 AN ORDINANCE TO AMEND THE TOWN OF SMITHFIELD UNIFIED DEVELOPMENT ORDINANCE ARTICLE: 3, SECTION: 3.2 ETHICS  hearing. Unanimously approved  Town's ordinance better aligned with State statutes.  amendment is reasonable andi int the publici interest.  provisions oft the statutes.  Councili inv written form int the December 7, 2021, agenda packet. Mayor Moore askedi ifthere were any questions from Council.  hearing. Unanimously approved.  WHEREAS, the Smithfield Town Council wishes to amend certain provisions in the Unified Development Ordinance by making changes to the Town of Smithfield Unified Development Ordinance to permit short-term rentals in certain: zoning districts with supplemental standards. WHEREAS, itist the objective oft the Smithfield' Town Council to have the UDO promote regulatory efficiency and consistency and the health, safety, and general welfare oft the community; NOW, THEREFORE, bei it ordained that the following Articles are amended to make the following changes set forth int the deletions strikethroughs) and additions (double underlining) below:  PART1  [Revise Article 3, Section 3.2 Ethics] SECTION: 3.2 ETHICS. 3.2.1. Ethics.    6265  3.2.1.1 Prohibitions. No appointed board member of the Town shall violate the provisions of GS 14-234 which are summarized below for convenience but the statute. as amended from 3.2.1.1.1 Direct Benefit. No board member of the Town who are involved in making or administering a contract on behalf of the town may derive a direct benefit from the contract except as providedi in GS 14-2340 or as otherwise: allowed by law. Aboard member oft the Town has a direct benefit from the contract if he or she or his or her spouse has more thana10 percent ownership or other interest in an entity that is a party to the contract. derives any income or commission directly from the contract. or acquires property under the contract as set 3.2.1.1.2 Improper Influence. AL board member of the Town who will derive a direct benefit from a contract with the town. buty who is noti involved in making or administering the contract. shall not attempt toi influence any other person who is involved in making ora administering the 3.2.1.1.3 Improper Consideration. No board member of the Town may solicit or receive any gift. favor. reward, service, or promise of reward. including ap promise off future employment.in exchange for recommending. influencing, or attempting toi influence the award ofa contract by 324-4-Prohibitions-AsPeMbRGSNbHeSGMAGhaeLe-too-Aumerousie Gwpieate-erein,putare-oapoaladheseh-mepubiealberorempleyee-may 3214-DereADiet8enct-AeponaadhsasmembeBehilnoideeadrect BemefomagenNctw4eg:she orhisorherspouse-nSR8P8R340pessetowPePMPAPdHheFReesninan-enliy-thats pasyib-Resoniaskde.eWVCRGESNNMAOAdAd/uReAontaskragquies Thatt the Unified Development Ordinance shalll bep page numbered: and revision dated asi necessary That these amendments of the Unified Development Ordinance shall become effective upon  time tot time. should be reviewed for full context.  forth in GS 14-234 (a)(1)&(4).  contract. thet town.  Pepesyunde-RecoiseeMAGS-434044  PART2 PART3 adoption.  to accommodate these changes.  CITIZEN'S COMMENTS: CONSENT AGENDA:  Emma Gemmel of Hancock Streeta acknowledged how much she has enjoyed the new holiday lights  and decoration in the Town Hall Park.  Councilman Barbour made a motion, seconded by Councilman Stevens, to approve the following  items as listed ont the ConsentA Agenda: 1. The following minutes were approved: November 9, 2021 - Regular Meeting November 9, 2021 - Closed Session  2. Approval was granted top promote al Police Officer IIt to the rank of Master Police Officer. 3. Approval was grantedt to allocated the Town's portion of $22,929.201 tot the Public Library of Johnston County and Smithfield: for thei installation ofar new HVAC system. 4. Thei following advisory board appointments were approved:  Carmen. Zepp was appointed tos serve ai firstt term ont the Appearance Commission. Markl Lane was reappointed to serve a fifth term on the Board of Adjustment and the Planning  Boardr representing the Extraterritorial Jurisdiction. Athletic Programs Supervisor P&R- Recreation  5. New Hire Report Position ITS Support Specialist PIT Pool Staff PIT Pool Staff  Department PU-E Electric(1/3) P&R-Aquatics P&R-Aquatics  BudgetLine  Rate of Pay  10-60-6200-510-0200 $19.80/hr. ($41,184.00lyr.)  General Government 10-10-4100-510-0200 $19.80/hr. ($41,184.00/yr.)  PU- Water/Sewer (4)307.-720.5100200  31-72-7230.5700-0200 10-80-6220-510-0220 $8.00/hr. 10-60.6220-5100-0220 $10.00/hr.    6266  P/T Aquatics Instructor Utility Line Mechanic Current Vacancies Position Electricl Line Technician Fire Marshal Police OfficerI-F Patrol (6 positions) Police Police Officer - Administration P/T Collections Assistant P/T Firefighter I/Responders (Upt to! 5p positions) Fire Payrol/Accounting' Technician II Pump Station Mechanic Sanitation Equipment Operator Sanitation' Worker Water Plant Operator  P&R-Aquatics PU-Water/Sewer  10-60-6220.5100-0230 $12.00/hr. 10-40-5800-5700-0200 $15.48/hr. ($32,198.40lyr.) 30-71-7220.5700-0200 $15.48/hr. ($32,198.40lyr.)  Sanitation! Equipment Operator PW-Sanitation  Department PU- Electric Fire Police PU-E Electric/CS Finance PU- Electric (1/3) PU- Water Sewer PW- Sanitation PW Sanitation PU- Water Plant  Budgetl Line 31-72-7230-5100-0200 10-60-6220-5100-0200 10-20-5100-5100-0200 10-20-5100.5100-0200 31-72-7230-5100-0200 10-20-5300-5100-0200 10-10-4200-5100-0200 31-72-7230-5100-020 30-71-7220.5100-0200 10-40-5800-5100-020 10-40-5800-5100-0200 30-71-7200-5100-0200  PU- Water/Sewer 493071-720.5100200  Business Items:  1. Annexation Request- -Twin Creeks Phase 1A (ANX21-02):  Planning Director Stephen' Wensman explained this was the second stepi int the annexation process. The first step was ordering the Clerk to investigate the sufficiency of the petition which she has completed. The request before the Council was to adopt Resolution No. 690 (18-2021) setting the date for the Public Hearing to be! held att the. January 4, 2022, regular Town Council meeting. Councilman Barbour made a motion, seconded by Councilman Rabil, to adopt Resolution No. 690 (18-2021): settingt the date ofthep public! hearing on. January 4, 2022, to consider ther request  ofr non-contiguous annexation. Unanimously approved.  TOWN OF SMITHFIELD RESOLUTION No. 690 (18-2021) PURSUANT TO G.S. 160A-58.2  FIXING DATE OF PUBLIC HEARING ON QUESTION OF ANNEXATION  WHEREAS, aj petition requesting annexation oft the non-contiguous area described herein has been WHEREAS, the Town Council has by Resolution No. 689 (17-2021) directed the Town Clerk to WHEREAS, certification by the Town Clerk ast tot the sufficiency oft the petition has been made; NOWTHEREFORE, BEI ITI RESOLVEDI BYTHET TOWN COUNCIL OF THE TOWN OF SMITHFIELD Section 1: A public hearing on the question of annexation of the non-contiguous area described herein will be held in the Council Chambers of the Town Hall located at 350 East Market Street,  received; and  investigate the sufficiency of the petition; and  THAT:  Smithfield North Carolina at7 7:00 pm on. January 4, 2022. Section 2: The area proposed for annexation is described as follows:  Lying and being situated in Johnston County, North Carolina and being more particularly Beingt that certain Parcel in Smithfield Township, Johnston County, North Carolina and lyingt to thes south ofE Black Creek Road/S.R. 1162, tot the west ofp property owned! by Derek E. Thompson (Deed Book 4881, Page 505), and being more particularly described as follows: BEGINNING at an existing P. K. Nail (control comer) int the center of Black Creek Road /S.R. 1162 (a 60' Public Right of Way), thence leaving the above mentioned road in a southerly direction South 11029 47" East214.95t to al large poplar; thence South 40° 28' 08" West 167.89 feet to a point; thence North 66° 43' 24" West 242.341 feet to a point; thence North 25° 19' 35" West 86.251 feet to ane existing railroad spike int the center of Black Creek Road/ S.R.1162 (a 60' Public Right ofWay); thence along the center oft the above mentionedi road thet following two (2) calls, North 63 051'59" East 265.01 feet to an existing P. K. Nail; thence North 61°21'3 38" See Map Book 66, Page 114, Johnston County Registry from which this legal description was  described as follows:  East 99.95f feet tot the POINT OF  BEGINNING and containing 1.61 total acres more orl less.    6267  taken.  Section 3: Notice oft the public hearing shall bep published once int the. Johnstonian News, a newspaper having general circulation! int the Town of Smithfield, atl least ten (10) days priort tot the 2. Consideration and request for approval to adopt a Cash Management Policy and an Investment Policy. The request also includes adoption of Resolution No. 691 (19- Finance Director Greg Siler addressed the Council on ar request to adopt a cash management policy anda ani investment policy. Hee explained the policies are a written account ofv what the Towni is already practicing. The policies willb be a guide fori future Finance Directors, butt they also satisfy requirements oft the Federal Government. In. July, the Town received funding from the American Rescue Plan. Act and with receipt of those funds, there were a lot of stipulations. Mr. Siler stated he wanted to be prepared int the event the Town was audited. He further stated that other Town policies would need to be updated or created to align with the federal government's requirements for accepting federal  date oft the public hearing.  2021)  funding.  Councilman Barbour made a motion, seconded by Councilman Rabil, to adopt the Cash Councilman Barbour made a motion, seconded by Councilman Rabil, to adopt Resolution  Management and Investment policies. Unanimously approved.  No.691 (19-2021) Unanimously approved.  TOWN OF SMITHFIELD RESOLUTION NO. 691 (19-2021) GOVERNING MANAGEMENT OF INVESTMENTS  BEI ITF RESOLVED by the Smithfield" Town Council inr regular meeting assembled that: Pursuanti tol law, G.S. 159-30, thef finance directori isl hereby designated tor manage deposits andi investments on! behalf oft the Town of Smithfield, subject to the control and direction of thet town manager or, in his/her absence, the designee and the restrictions hereini imposed The finance director shall have the right and power to purchase, sell and exchange securities approved as eligible securities fori investment on behalf oft this unit's governing board subject to the approval oft the town manager or, in his/her absence, the designee. The securities approved for investment, shall be deemed exclusive to all other securities notwithstanding that other securities may by statute be eligible for investment. Funds of this unit may be deposited ati interest or invested in the following secunrties/nvestment (a) Obligations oft the United States or obligations fully guaranteed as to principal and (c) Bonds and notes of any North Carolina local government or public authority, subject to such restrictions as the secretary of the N.C. Local Government (d) Deposits at interest or saving certificates of deposit with any bank, savings and loan association or trust company in North Carolina, provided such deposits or (e) Prime quality commercial paper bearing the highestr rating ofa atl least oner nationally recognized rating service and not bearing a rating below the highest (A1, P1,F1)by any nationally recognized rating service that rates the particular obligation; () Banker's acceptances provided the accepting bank or its holding company is (1) incorporated in the State of North Carolina or (2) has outstanding publicly held obligations bearing the highest rating of at least one nationally recognized rating service and not bearing a rating below the highest (Aaa or AAA) by any nationally recognized rating service that rates the particular obligations; and (g)F Participating shares ina a mutuali fundf for local government investment (such ast the N.C. Capital Management Trust) that is certified by the N.C. Local Government  oras may bel hereafter imposed by official action ofthe Council.  II  vehicles:  interest by the United States; (b) Obligations oft the State of North Carolina;  Commission mayi impose;  certificates of deposit are fully collateralized;  Commission.  III    6268  The finance director shall require that all trades where applicable will be executed by delivery VS. payment (DVP). This ensures that securities are deposited in the eligible The finance director shall whenever practicable seek competitive bids in all securities transactions tot the end that the purchases and sales are made att the best available price Thei finance director shall provide semi-annually a summary reportt tot thet town manager of the current investment portfolio and transactions made during the last six months. The reports shall include al listing ofi individual securities held att the end oft the reporting period, maturity dates, and the percentage oft the total portfolio which each type of investment represents. The summary will disclose whether investment activities during the reporting  financial institution priort tot the release off funds.  IV V  att the time oft thet transaction.  period have conformed tot thei investment policy.  3. Consideration and request for approval to adopt the 2022 Town Council Regular Town Manager Michael Scott addressed the Council on request to adopt the 2022 Town Council Mayor Moore statedt the staff was requesting Council tos specifically reviewt the. July meeting date and determine ift that should be changed from. July 5th to. July 12th because of the Fourth of July holiday. Mayorl Moorei informed the Council that Mayor Pro-Tem! Dunny would like fort the. July date tob be moved Mayor Moore reminded the Council there had been some discussion about having some planning type meetings. He statedt the Council could determine those dates now ori in the future. Councilman Scotto questioned ifthe regular meetings could bel held earlier than 7:00p pm possibly 6:00 pm or 6:30 pm. Councilman Scott stated having work session meetings could reduce the length of Councilman Scott made a motion, seconded by Council Stevens, to adopt the 2022 regular  Meeting Schedule regular meeting schedule.  toJ July 12th  the regular meetings.  Town Council meeting scheduled. Unanimously approved.  Approved meeting dates are asf follows: 2022 Town Council Meeting Schedule  January 4th February 1st March 1st April 5th May 3rd June 7th July 12th August 2nd September 6th October 4th November 1st December 6th  4. Consideration and request for approval for drainage repairs at 5 Sherwood Court Public' Works Director Lawrence Davis addressed the Council on a request for drainage repairs at5 Sherwood Court. Mr. Davis explained that Crawler Pipe Services be contractedi tor repair the drainage Mayor Moore questioned why the pipe needed repair. Mr. Davis responded there were: seven points ofe erosion int that area. The pipei is 139' and what staff is attempting to doi is avoidt the removal ofthe driveway and thei fencing by piping the storm drain instead ofe excavating and replacing the pipe. Councilman Barbour questioned ifthe Town was obligated tor repair the pipe. Mr. Davis respondedi it Councilman Stevens made a motion, seconded by Councilman Rabil, to award the bid to Crawler Pipe Services for drainage repairs at 5 Sherwood Court and move forward with the  pipe at5 Sherwood Court.  was the responsibility oft the Townt tof fix the pipe. rèpairs. Unanimously approved.  Counciimembers Comments:  Councilman Barbour reminded everyone that on. January 20th there will be a Pedestrian Plan Public Meeting. He explained there was a need to connect certain parts oft the Town to other parts of the  Town. This was an opportunity for citizens tol have input on this plan.    6269  Councilman Stevens expressed his appreciation to Town staff for their hard work. He stated the financial position oft the Town had greatly improved over the past 10y years due inp partt tot the work of Mayor Moore expressed his appreciation to Town Staff and to Sarah Edwards for as successful tree  staff.  lighting event. He reminded everyone oft the upcoming Christmas parade. Town Manager Michael Scott gave ab brief update tot the Council ont the following items:  Town Manager's Report:  Squad Concept Update:  Fire Chief Mike Brown provided an update on the squad concept to the Council. The squad concept was put in place in July and while it was effective a good portion of the time, he felt improvements could be made. He requested Council allow him more time to assess the program because it was too early to provide accurate performance standards. Chief Brown stated itv was his understanding that the squad concept was put in place to reduce the mileage and wear and tear ont the large Fire apparatus. Hei informed the Council that from July 1st until October 31st, the department responded to 569 medical calls. Of those calls, the squad responded to 196. He explained therev werei times when medical calls were overlapping, meaning there were atl least two calls at the same time. The squad only runs from 6 am until 6p pm, but medical calls do happen whent the squadi is not ons shift. 72.7% oft the medical calls are run out of Station 1 and 27.3% run Councilman Barbour questioned how many calls Johnston County EMS stationed in Smithfield responds toi in comparison to the number ofr medical calls Smithfield Fire Department responds to. Chief Brown responded that he did not have access to thati information, but he would contact Mayor Moore questioned ifs since implementation of the squad concept, the goal was to reduce the number of calls thel large apparatus responded to, butatt this time, there! has not been enough evidence to confirm the reduction in large apparatus responding to medical calls. Chief Brown Councilman Scott stated the county recently completed a fire study which might bring some changes. The results oft thats study may have a huge impact on how this program is set up. Christmas Parade: The annual Parade is on this Thursday, December 9th at7 7:00 pm on Market Santa's Sleigh: Santa will be visiting the neighborhoods throughout Smithfield with the assistance Water Line: The Durwood Stephenson water line extension continues construction. The drilling is complete to Wilson's Mills Road. The dry weather has helped to accelerate the project. Leaf Pick-up: The Sanitation! Departmenti is managinga al largei influx ofl leaves due tot thef fall season. Unfortunately, onel leaft truck is not operating properly and is being repaired. Itisl likely leaves may bep picked up one day late until the department catches up. We ask our citizens to be patient. This will noti impact regular sanitation or construction debris/large yard waste pick-up schedules. State Grants: The Town! has receivedi information from the State on how to access and appropriate the $3 millioni in grantf funds for water and sewer infrastructure. Staff is already preparing fort these construction projects. We await state contactr regarding the remaining grants. Az zoom meeting is scheduled with CSXI later this weekt to discuss the storm drainage upgradei int the 1500-1600 block  out of Station 2. Station: 2 does not have a squad! based att that location. the Johnston County EMS Director tot try and obtaint thati information.  responded he did not have enough data to confirm it.  Street.  oft the fire department on December 11th from 1:001 to 5:00.  of South 301.  Adjourn  Being no further business, Councilman Scott made a motion, seconded by Councilman Stevens to adjourn  the meeting. Unanimously approved. The meeting adjourned at approximately 9:31pm.  OF SHIRA MITEEEI 6.  Hon Mpyor  M. K6  ATTEST: Shannant-Parrish, mgoish  Town Clerk