6237  The Smithfield" Town Council meti inr regular session on7 Tuesday, November9,2 2021at7:00p.m. int the Council  Chambers oft the Smithfield" Town Hall, Mayor Pro-Tem John! Dunn presided.  Councilmen Present: Marlonl Lee, District1 Travis Scott, District3 Dr. David Barbour, District4 Stephen Rabil, At-Large  Councilmen Absent M. Andy Moore, Mayor David Stevens, District2 Roger Wood, At-Large  Administrative Staff Present Michael Scott, Town! Manager Michael Brown, Fire Chief Ted Credle, Public Utilities Director Lawrence Davis, Public Works Director Gary Johnson, Parks & Rec Director Shannan Parrish, Town Clerk R. Keith Powell, Chief of Police Greg Siler, Finance Director Stephen Wensman, Planning Director Administrative Staff Absent Timk Kerigan, Human Resources/PIO  Also Present Bob Spence, Town Attorney CALL1 TO ORDER INVOCATION  Mayor Pro-Tem Dunn Moore called the meeting to order at7 7:00 pm.  Thei invocation was given by Councilman Barbour 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:  Remove Fromi the Consent Agenda: amplified sound and a 50'x90" tent.  3. Special Event: Tent Revival - The Smithfield Church of God is requesting approval to conduct ai tent revival November 14th through the 19th from 7:00 pm until 10:00 pm at the church located at 1710 West Market Street. This request included the use of 6. Special Event: Christmas Concert - The Johnston County Community Choir is requesting: approvalt to holda a Christmas concert on December 4, 2021 from 6:30 pm until 8:30 pm att the Town Commons Stage. This requesti includes the use of amplified sound 14.Consideration: andi request for approval tor reappoint Mike Fleming tot the. Johnston County Economic Development Committee representing the Town of Smithfield 15. Bid Award to GroundsOne Landscaping Contractors in the amount $22,0831 to complete landscaping att the Town Commons between the Boat ramp and the Boy Scout Hut  and the closure oft the 200 block of North Front Street.  Add to the Consent Agenda:  Unanimously approved.  PRESENTATION:  1. Administering the Oath of Office to Fire Chief Michael Brown  Mayor Pro-Tem! Dunna administered the Oath of Officet tor new Fire Chief Michael Browna and welcomed  him tot the Town of Smithfield  PUBLIC HEARINGS:  1. Conditional Zoning Request- - Smithfield Police Department (CZ-21-05): The applicant was requesting conditional rezoning of 3 parcels of land totaling 1.54 acres from the R-8 (Residential) zoning district to 0&I ICZ (Office-Institutional Conditional Zoning) district for the expansion oft the existing police department facilities. The properties considered for approval are located on the west side of South Fifth Street approximately 340 feet south of its intersection with East Market Street. The properties are further identified: as Johnston County  Tax ID# 15025051, 15025052B and 15025048.  Councilman Scott made a motion, seconded by Councilman Barbour, to open the public  hearing. Unanimously approved    6238  Planning Director Stephen' Wensman explained the existing! Police Station property was zonedt to an O/I Conditional Use District (O/I CUD) fort the construction oft the police station. With 160DI legislation, Conditional Zoning is a rezoning with a master plan and the land use is limited to the use on the approved master plan. Reasonable conditions may be placed ont ther rezoning like special use permits withi the applicant's consent. The conditional: zoning process allows ag give andi take approach toz zoning regulations. In this case, the master plan includes an expansion oft the adjacent Police Department The Town of Smithfield Police Station is an 8,135 sq. ft! building with two parking lots, a 24-space lot int the rear oft thel building and ac one-way 10-space loti int the front oft the building. Vehicular access is froma a mid-block: alleyway. Vehicles enter the alley to access either lot. The parking loti in the front of the building is designed for one-way traffic with an exit onto S Fifth Street. The rear parking lot is designed for two-way traffic with a second access to/from the Fire Department property thatf fronts on Also to the rear oft the building is an existing shed that occupies two parking spaces, ar mechanical yard, HVAC system and ane existing cellt tower and fenced area. There isr no stormwater management facility on the property and stormwater sheet flows off the site. There are no known wetlands or The master plan shows a 3,650 sq. ft. expansion to the existing 8,135 sq. ft. police station onto the two vacant parcels to the south. The plan expands the front yard parking lot to the southside of the building connectedt tot thel Fire Station parking! lot. Ther master plani includes as stormwater controli facility The Master Plan shows no change tot the rear parking lot configuration but modifies the front parking lot. The front parking will nol longer have alley access; will have two driveways onto SF Fifth Street and will wrap the parking around the south end oft the building to connect tot the Fire Department parking The plan adds additional 33 parking stalls for at total of6 64 parking spaces. The Unified Development Ordinance (UDO)r requires 59 parking spaces (11,785 sq. ft./ /1000x5=59). There are 5r more parking The parkingl lot will have B6-12 concrete curb and gutter and missing sections of curb will bei installed  old CUDs are now conditional: zoning districts.  facilities onto the properties beingr rezoned.  S.Fourth Street.  floodplain on the property.  (SCM). Additional improvements willi include landscaping and lighting.  lot.  spaces than required.  on S Fifth Steeta att the old driveway location and alongt the alley. Building Setbacks. The building exceeds the O/I District setback requirements.  O/I Setbacks 25ft 8ft 15ft  Front Side Rear  No landscape plan has been provided, but the plan provides space for a standard Streetyard and  partially reduced Bufferyard adjacent tot the existing residential property.  O/I 1001 lin. Ft.) 50% of TypeA A sq.ft.) per 1,000 sq. ft.)  Proposed O/I-CZ provided) 5' (nol landscape plan provided)  Streetyard Bufferyard adjacent O/I Bufferyard adjacentt to residential  12.5f ft (1 tree and 20 shrubs per 12.5ft (nol landscape plan Type B (20' wide-11 tree and 8 shrubs 20' and 4' (no landscape plan  (5' wide- 1tree and6 6 shrubs per 1,000 provided)  Interior parking lot and foundation plantings will be as required. Interior parking lota and foundation plantings will be as required. The Planning Board was concerned about headlights glare into the back yard of the adjacent residential property and recommended an additional condition of approval: o Thatt the landscape plani includes a solid row of Green Giant Arborvitae planted ata a minimum of3 feet on center atl least 5' tall adjacent tot the adjacent residential property. Public sidewalks. A5 wide public sidewalk will be repaired as needed along South Fifth Street. Utilities. The Police Department is served by" Town water, sewer and electricity. Stormwater Management. As stormwater control facility (SCM) will be located att the south end oft the parking loty with and overflow structure to pipe water under SF Fifth Streett to the existing ditch on private property. The Towni is currently seeking ane easement: from they privatep property owner for the drainage.    6239  AI lighting plan will be provided by the Town of Smithfield Utilities Department meeting Town UDO One oft the purposes ofc conditional: zoningi ist top provide flexibility from conventional: zoning andt to allow creative projectst to occurt through ar negotiated (give and take) approach toa achieve the desired project that both the developer andt town mutually can be satisfied with. The applicant has not identified any deviations from the O/I regulations. By choosing a conditional rezoning, the use of the site can only The Towni isr requesting the certain deviations fromi the UDO requirements tof facilitate the construction 16ftp partial reductioni int the Bufferyard adjacentt toi the parkingl lot (extension ofFire Station parking). Planning Staff andi the Planning Boardi recommend approval of CZ-21-051 with 6 conditions finding the rezoning consistent with the Town of Smithfield Comprehensive Growth Management Plan and other 1. That site plans/construction plans be submitted for review in accordance with the Town's a.16 ftr reduction in the Bufferyard adjacent to the parking lot (extension of Fire Station 2. That the public sidewalk be replaced as determined by the Public' Works Director. 3. Thata a landscaping plan! bep provided ina accordance with UDO requirements. 4. That as sitel lighting plan be providedi in accordance with UDO requirements. 6. That thel landscape plani includes as solid row of Green Giant Arborvitae planted atar minimum of31 feet on center atl least 5' tall adjacent tot the adjacent residential property. 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 asked ift there was anyone in attendance who wished to speak on the matter. Councilman Rabilr made a motion, seconded by Councilman Scott, to close the public hearing. Councilman Scott made a motion, seconded by Councilman Rabil, to approve zoning map amendment CZ-21-05, 6 conditions, finding the rezoning consistent) with the Town of Smithfield Comprehensive Growth Management Plan and other adopted plans, and that the amendment 2. Conditional Zoning Request - Britt Street Triplexes (CZ-21-08): The applicant is requestingi to rezone a. 7-acret tract oflandi fromi the B-3 (Highway Entrancel Business): zoning district tot thel B-3 CZ (Conditional Zoning) district for the construction ofas six-unit townhouse project. The property considered for approval is located on the east side of the intersection of West Market Street and Britt Street and further identified as Johnston County Tax ID# Planning Director Stephen Wensman explained the site was currently an empty lot. The site was relatively flat and open with a few mature trees. A gravel driveway crosses the site from Britt Street tot the adjacent officel located tot the south. There isr no wetland or other environmental features ont the site. Britt Streeti is a 24-foot-wide road with ditches on both sidesi ina a60ftr right-of-way. The property was guided for commercial int the Town's comprehensive plan. Within the commercial zoning district, multi-family developments require a special use permit. An alternative to obtaining a special use permit ist tor rezone the property to a conditional zoning district where the land use ont the master plan ist the use permitted int the district. The applicant is requesting a conditional zoning with The applicanti isp proposing tot the landi into a6 6-lot attached single-family residential triplex subdivision. The units will be a mix of one-story and two-story townhomes. The one-story homes will be 3 bedroom/2 bath and the two-story homes will be 31 bedroom/2 % bath. All units will have a single car garage with 3 driveway parking spaces, covered rear porch. Landscaping. Exterior maintenance will Min. lot size. The lots rangei ins size from 3,362 sq. ft. (.08-aces) to 9,556 sq. ft. (22 acres). Development density. The UDO allows a maximum density of 4500 sq. ft. gross site area per unit.  requirements.  Request deviations from UDO Requirement  be as shown ont the plans. oft thel Police Department expansion:  adopted plans, and that the rezoningi is reasonable and in the publici interest."  UDO with the following deviation: parking).  5. Thatt the 3 properties be combined into a singlel lot. inv written form int the November 9, 2021 agenda packet.  There was no one ina attendance that wished to speak ont the matter.  Unanimously approved.  isr reasonable and int the publici interest. Unanimously approved.  15L11006.  Councilman Barbour made a motion, seconded by Councilman Rabil, to open the public  hearing. Unanimously approved  ar master plan for 2-triplex townhomes.  bet ther responsibility ofal homeowner's association.  The development has a density of5 5,082 gross site area per unit. Loto dimensions. The minimum lot dimension' is 26'x128.  Setbacks.    6240  Proposed B-3 CZ B-3 Setbacks Zero/10' from adjacent 15f feet  Setbacks 30f feet 50f feet residential 40f feet  Front Side from Market Side Rear  35f feet 50f feet 25feet  Unit sizes. Each Triplex containst two single-story units and one two-story unit. 68s sq. ft. front porch, and 40 sq. ft. storage and 223 sq. ft. garage.  Single-story end units will have 1,211 heated sq. ft. with a 130 sq. ft. covered rear porch, Two-story center units will have 1,362 heated sq. ft. with 210 sq. ft. covered rear porch, Unit sales prices. The developer's expected sales prices arel between $220,000-$235,000. Building materials. The triplexes will have a combination of vinyl lap, board and batten siding and brick or stone materials. No details! have been articulated for the end units. Driveway access. Each triplex unity willl have an 18' wide driveway with access off ofE Britt Street. The driveways are shown tof flare outi int the public right-of-way to a width of26. The centert two drivewaysf forming a continuous flared width of56' whichy will provide accessi toas shared mailbox. Parking. Each unit will allow for parking within a single car garage and three spaces in the Public sidewalks. A5 5' wide public sidewalk is proposed in the Britt Street public right-of-way outside of the drainage ditch. The UDO also requires a 5' sidewalk along West Market Street. Landscaping. A detailed landscape plan was submitted that shows ample buffer plantings from adjacent properties andi from Market Streete exceeding UDO: Standards. Int the fronty yards, there willl be one ornamental tree per unit and more than 4. Every other unit has a canopy tree int the Trasha andi recycling rollouts. Storage oftrash and recycling rollouts should bep provided for within HOA. An! HOAI will provide common maintenance oft the exterior oft the building and landscaping.  20s sq. ft. front porch and 228 sq. ft. garage.  driveway, exceeding the UDO requirement of2s spaces per unit.  This should be ac condition ofa approval.  fronty yard.  the rear yard or garage except onp pick-up days.  Utilities. Thet triplexes will utilize existing sewer and water utilities. Stormwater Management. Thes site is exempt from stormwater: attenuation.  Requested deviations from UDOI Requirement deviations from thei following UDO Requirements:  Thep purpose of conditional: zoningi ist top providef flexibility from conventional. zoning andi to allow creative projects to occur through a negotiated (give and take) approach to achieve the desired project that both the developer and town mutually can be satisfied with. The applicant is seeking the following  Item Front Setback Side Yard Setback  Proposed B-3CZ 30f feet 10f feet  B-3 35 feet 15 feet  The development exceeds UDO Requirements asi follows: Exceeds required parking with 4 spaces per unit. Exceeds landscape requirements  Planning Staff andt the Planning Board recommend Planning Staff andt the Planning Boardr recommend approval of CZ-21-08 with 3-conditions with a statement declaring the request consistent with the Town of Smithfield Comprehensive Growth Management Plan and other adopted plans and that the 1. That the preliminary plat and construction documents bei in accordance with the approved master plan, requirements of the Unified Development Ordinance and the B-3 zoning 2. Thata a 5' wide concrete sidewalk be constructed in or alongside the Market Street public  requesti is reasonable andi int the publici interest: district with the following deviations: a) Front Setback b) Side Setback right-of-way in ane easement.  30f feet 10f feet    6241  3. Thatt the HOAI ber responsible for maintenance oft the building exterior and landscaping. Planning Director Stephen) Wensman hasi incorporated his entirer record and provided ittot the Council Councilman Barbour expressed concerns about the Homeowners Association (HOA) being able to maintain the development since there was only six units. Town Attorney Bob Spence responded the HOA could place al lien on the homeowners for unpaid dues and assessments. They allowt that lient to be foreclosed like a mortgage. Councilman Barbour asked the Town Attorney to review the HOA Councilman Scotty wished something could bei included in the HOA: agreement that the units had tol be Mayor Pro-Tem Dunn questioned the appearance oft the end units. Mr. Wensman responded he had notr received elevation plans oft the end units, but this project had the most robust landscaping plan. Mayor Pro-Tem Dunn askedi ift there was anyone in attendance who wished to speak on the matter. Councilman Rabil made a motion, seconded by Councilman Barbour, to close the public Councilman Barbour made a motion, seconded by Councilman Rabil, to approve zoning map amendment CZ-21-08, 3 conditions, finding the rezoning consistent with the Town of Smithfield Comprehensive Growth Management Plan and other adopted plans, and that the amendment  inv written formi int the November 9, 2021 agenda packet. Mayor Pro-Tem Dunn asked ift there were any questions from Council.  agreement.  90% owner occupied. He understood this could not be a condition of approval.  There was no one ina attendance that wished tos speak on the matter.  hearing. Unanimously approved.  isr reasonable andi int the publici interest. Unanimously approved.  Town Clerk Shannan Parrisha administered affirmations tot thoset that wishedi to offert testimony during the Public 3. Preliminary Plat Approval - Britt Street Triplexes (S-21-04): The applicant is requesting subdivision approval to divide a. .7-acre tract of land into 61 lots for the construction of a six- unit townhouse project. The property considered for approval is located on the east side of the intersection of West Market Street and Britt Street and further identified as Johnston Planning Director Stephen Wensman testified this project was the same as outlined in the previous agendai item. Inc ordert toa approvet thep preliminary plat, thep plats should bei ins substantially in conformance with the B-3 CZ rezoning master plan, CZ-21-08. Staff finds the preliminary plati in conformance with  Hearings.  County Taxl ID# 15L11006.  Councilman Rabil made a motion, seconded by Councilman Lee, to open the public  hearing. Unanimously approved.  the master plan.  Mr. Wensman reviewed staff's opinion oft thei findings. They are asf follows: 1. The plani is consistent with the adopted plans and policies oft the town.  STAFF'S OPINION ON THE FINDINGS OF FACT  2. Thep plan complies with all applicable requirements oft this ordinance: andi the B-3 Conditional 4. The plan will not be detrimental tot the use or development ofa adjacent properties or other Planning Staff recommend approval of S-21-04 with 4-conditions based on the finding of fact for 1. That the preliminary plat and construction documents be in accordance with the approved master plan, requirements oft the Unified Development Ordinance and the B-3 zoning district  Zoning District. 3. Therei is adequate infrastructure. neighborhood uses. preliminary subdivision:  witht the following deviations: a) Front Setback Side Setback ) Distance between buildings of-wayi ina ane easement.  301 feet 101 feet 11 feet  2. Thata a 5' wide concrete sidewalk be constructed in or alongside the Market Street public right- 3. That the HOA be responsible for maintenance of the building exterior and landscaping and  submitted tot the Town attorney for review priort tof final plat. 4. Park dedication feei inl lieu be paidi inf full priort to recording the final plat.    6242  Planning Director Stephen Wensman has incorporated his entirer record and providedi itt tot the Council Mayor Pro-Tem Dunn askedi ift there were any questions or comments from the Council. There were Mayor Pro-Tem Dunn asked the applicant ifhe agreed with the testimony provided by Mr. Wensman andi ifhe had additional testimony to offer. Paul Embler of Kentwood Drive, Smithfield, North Carolina, testified that he agreed with the testimony offered by Mr. Wensman. He further testified he had attended a number of public hearings and listened to the Council's comments in regard to other projects. We'vet tried to address as many oft thosei issuesi int the design oft this project. Mr. Embler testified thats smaller HOAS were common int today's market so he felt there would be no issue with the HOA. This wasi inr response to comments made during the previous public hearing. Mayor Pro-Tem Dunn asked ift there was in attendance that was duly sworn in who wished tot testify ont the matter. There was no one ina attendance who wished tot testify on the matter.  inv written form int the November 9, 2021 agenda packet.  none.  Councilman Barbour made a motion, seconded by Councilman Rabil, to close the public Councilman Barbour made a motion, seconded by Councilman Rabil, to approve S-21-04, with 4 conditions based on the finding of fact for preliminary subdivisions. Unanimously  hearing. Unanimously approved.  approved.  4. Conditional Zoning Request - Spring Branch Phase 2 (CZ-21-09): The applicant is requesting to rezone 5 tracts of land totaling approximately .68 acres from the R-8 (Residential) zoning district to the R-8 (Conditional Zoning) district. The properties consideredi for approval are located ont the northeast: side ofthei intersection of East. Johnston Street and South Sixth Street and further identified as Johnston County Tax ID# 15026056, Councilman Rabil made a motion, seconded by Councilman Barbour, to open the public hearing. Planning Director Stephen Wensman explained" TerraEden! Landscape and Design, LLC, isr requesting ac conditional rezoningt tor rezone 5 properties (0.8084-acres) int the R-82 Zoning District to R-8 CZ with The site is currently vacant and has been since before 2001. Prior to 2001, the site was used for warehousing. Remnanty valley curb remains where there was vehicle access tot the old warehouse site along S. Sixth Street. The curbing along E.. Johnson Streeti is B6-12t type. Overhead electric utilities run alongt the right-of-way on both streets. An existing streetlight is attached to the power pole att the The site is bisected by a public alley. Ap portion oft the alley appears to have been closed with the land reverting back tot the owners (Lafayette Atkinson) and (AVS Investments LLC). The applicantowner plans to petition for closure oft the remaining alley. The site plan is reliant on that closure, soi itisa The applicant is proposing to redevelop the land into a 6-lot detached single-family residential Future Subdivision. The future subdivision will be a minor subdivision because the applicant is only creating one new lota andt there is no public dedication associated with the development. Driveway access. Allt the lots are accessedi from the rear oft the property by one oft two 16ft. wide private driveways on S. Sixth Street. Lot1 utilizes the northernmost driveway; whereas, Lots 2-6 The driveways will be on common open space providing access to private parking on individual residential lots and to 4 guest/overflow parking spaces ont the common open space. The shared driveway is shown with no curb and gutter typical of other residential alleys in town. The shared driveway eliminates the need for individual driveways on each lot and supports the pedestrian character oft the development. Driveway within the public right-of-way will need to be constructed Open spaceRecreationMal Kiosk. The applicant is proposing 0.39-acres, 49% of the site, as common open space providing driveway access to residential parking, guesthandicap parking, Min. lots size. The 10-lots rangef from 3,444 sq. ft. (.079-aces) to5 5,046.48 sq. ft. (.12 acres ins size). The average lots size is 3,770 sq. ft. (.087 acres). The R-8 District requires 8,000 sq. ft. lots, sO  15026057, 15026058, 15026058A and 15026058B.  Unanimously approved  ar master planf for a 6-lot detached single-family residential development  intersection ofs. Sixth and E.. Johnson Street.  condition ofa approval. subdivision.  MASTER PLAN ELEMENTSANALYSIS:  utilizes the southernmost driveway.  ina accordance with the Town's standard detailf for driveways.  mail kiosk, picnic shelter, picnic tables, play structure, and an area light.  this is ac deviation from the UDO.    6243  Lot dimensions. The minimum lot dimension is 41'x8 84' and the largest loti is 59.97'x100. The R-81 District requires 70' ofr road frontage, so this is a deviation fromi the UDO.  Setbacks. Front Corner Side Side Rear  Proposed R-8 CZ R-8 Setbacks 5.5(11 between bldgs.. ) 101 feet  Setbacks 10f feet 12feet 25feet  30f feet 15f feet 25 feet  The reduced setbacks are typical of an urban pedestrian-oriented or traditional neighborhood development and supported by pedestrian-scaled elements, porches, and fences. The public boulevard: along! Massey Streeti is about 12f feet wide whichi is aboutt typical ofr mosts streets int town. Thel boulevards along East. Johnson and South Sixth Street arer muchy widera at2 261 feet and 201 feet, Street Sight Triangle. The UDO requires a 25'x25' corner site triangle with nothing ini it over 30" tall. The development has only a 23x23 corner site triangle. This is a deviation from the UDO Single-family homes. The developer is proposing 1,290 sq. ft. single-story homes with full-width front porch, three bedrooms, and two bathrooms similar to Spring Branch Commons Phase 1. Public sidewalks. 5' wide public sidewalk willl be constructed int the public right-of-way along both Curb and gutter. The Town's standard curb and gutter is al B6-12 concrete curb. The existing valley curbs along S. Sixth andI Massey Streetv willr needt to! ber replaced with B6-12 curb and gutter. Fencing. Decorative: fencing willl bei installed along thes street frontage one each lotr matching Spring Branch Commons Phase 1to be maintained by the HOA. A six-foot chain-link fence runs along Landscaping. The UDO does not require landscaping of residential subdivisions; however, the HOA. An HOA will provide common ownership and maintenance oft the shared open space and Trash & Recycling. Storage pads for trash and recycling rollouts are provided along the rear Stormwater Management. There are no stormwater control facilities proposed on site because Utilities. The development will utilize existing utilities, water, ands sewer, locatedi ina adjacents streets. The developer is seeking deviations from the UDO as part oft the rezoning. The purpose of conditional zoningi ist to provide flexibility from conventional zoning and to allow creative projects to occur through anegotiated (give andt take) approacht to achieve the desired projectt that both the developer and town mutually can be satisfied with. The applicant is seeking the following deviations from the following  respectively, which will givet the impression ofa2 20-25' setback.  requirements.  streets.  the back oft the open space adjacent to existing residential properties master plans shows the landscaping oft the open space and residential lots.  fence along both streets. façade ofe each home.  thei is exempt from stormwater attenuation. Requested deviations from UDO Requirement  UDO Requirements:  Item Min. lots size Min. lot width Min. front setback Min. Side Setback Accessory Bldg. Setback Min. corner lot setback Driveway width Sight triangle (UDO Section 2.21)  Proposed R-8CZ 3,444sq. f.(.079 ac.) 41feet 30f feet 5.5feet None allowed 12feet 16f feet 23f feetx 231 feet  R-8/UDO 8,000 sq. ft. (.18ac.) 70f feet 10f feet 10feet 10feet 15feet 20f feet 25f feet> x2 251 feet    6244  The applicant is providing thei following which exceed UDO requirements: Decorative fencing & rear chainl link fencing (maintained by the HOA) Constructing sidewalks on both streets with handicap accessible ramps. Replacinginstalling. B6-12 curb and gutter where needed  Landscaping oft the lots and open space. Playground amenity with opens space.  Rear loaded lots.  Providing rear access lots which takes thel burden off oft thes streetsf for driveways and parking. Planning Staff and the Planning Board recommend approval of CZ-21-09 with 4-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 and int the public interest: 1. That the rezoning approval be contingent ont the closure oft the public alley. 2. That the driveway aprons be constructed in accordance with the Town's Standard 3. That the valley curb int the public right-of-way be replaced with B6-12 curb. 4. That the HOA be responsible for maintenance of landscaping and fencing and all common Planning Director Stephen' Wensman has incorporated his entirer record and provided ittot the Council Councilman Barbour questioned if this was the same layout and design as Phase 1. Paul Embler respondeditwast the same design, butt the outdoor storage was oriented differently tob be more concise. Councilman Barbour questioned the chainl linkf fencet that would bei installed att the rear oft the property. Mr. Embler responded that one oft the adjacent property owners was encroaching on this property so theyf felt they could noti install ap privacy fence because the HOA would only be able tor maintain one side oft thet fence. There would bel landscaping along the property side oft thet fence, Mayor Pro-Tem Dunn asked ift there was anyone in attendance who wished to speak ont the matter. There was no onei in attendance that wished tos speak on the matter.  Specifications and Details. amenities and common areas.  inv written form int the November 9, 2021 agenda packet. Mayor Pro-Tem Dunn askedi ift there were any questions from Council.  Councilman Rabil made a motion, seconded by Councilman Barbour, to close the public Councilman Barbour made a motion, seconded by Councilman Rabil, to approve zoning map amendment, CZ-21-09, with 4-conditions finding is consistent with the Town of Smithfield Comprehensive Growth Management Plan and other adopted plans, and that the amendment is reasonable andi int the public interest. Unanimously approved.  hearing. Unanimously approved.  5. Zoning Text Amendment - Town of SmithfieldZA.21-05: The applicant is proposing an amendment to the Town of Smithfield Unified Development Ordinance, Article 10, Performance Standards, Part III, Landscape Requirements. The proposed ordinance amendment will apply minimum landscape requirements to all new single-family and  townhouse developments.  Councilman Rabil made a motion, seconded by Councilman Barbour, to open the public  hearing. Unanimously approved  Planning Director Stephen Wensman explained The Town of Smithfield was experiencing unprecedented residential growth and many new subdivisions. The Town Council has become concerned about the character of proposed developments and wants to ensure there is adequate landscaping with new development. The Council has directed staff toi investigate updating the Town's Landscape Ordinance toi include landscape standards for residential development. Currently, there is a prohibition inp place giving single-family residential developments exempt status from meeting landscape requirements ofthe Town of Smithfield Unified Development Ordinance, Article 10, Performance Standards, Part II, Landscape Requirements. This prohibition applies to all residential subdivisions and ensures thatl little tor nol landscaping will be provided when single-family residential developments are approved through a process other than the Conditional Zoning or 1. Removes the exempt status ofr new Single-Family Residential Developments by requiring 2. Broadens Single-Family Residential Development standards toi include to Townhouse 3. Creates new landscape standards specify tailored tor new residential developments. 4. Require all new single-family homes and duplex units on existing lots toj provide landscaping.  Planned Unit Development legislative approval process. Planning staff has drafted an ordinance that will achieve the following: compliance with Part II, Landscape Requirements. Developments when located on public streets.    6245  5. Creates standards that can be applied to both legislative and quasi-judicial subdivision The proposed landscape components that will applyt to Single-Family and Townhouse Developments Streety yards will require ar minimum of1 15f feeti in depth on alls sides ofthe development that have road frontage on ar major orr minor arterial streets. The rate ofp planting willl be 2 deciduous trees, 16 evergreen tree and 30 shrubs per1 100 linear feet ofr road frontage. This yard will be similar to existing commercial streety yards but with 10 additional shrubs, 1 additional tree and a required Streett trees will be required ons streets within a proposed residential subdivision at a rate of2 deciduous trees and evergreen tree per 100f feet ofr roadi front one each side ofthe street. Street trees are to be planted outside of the public right-of-way and maintained by the development Foundation plantings will be required atai rate of3p per residential unit and must be adjacent to  approval processes.  willi include required street yards, streett trees andi foundation plantings.  mix of deciduous and evergreen tree variety.  owner's association. thef fronti facade ofe each unit.  Existing! landscape standards that are proposed to remain unchanged.  Buffer Yardsi in accordance Section 10.4 Buffer Yard Requirements with will continue to be required andi installed by non-residential and multifamily developments when adjacent to  single family dwellings and developments.  AdjacentLand Use Residential  Zoning! District and/or Use To Bel Developed (below) Industrial Commercial Multi-Family! Residential (10ormore, parking), PUD, PRD  Commercia Single- Mult-Family Residential  Industrial  Family (10ormore! parking). Open Space  PUD,PRD Type CorD TypeA N/A  NA TypeA Typec TypeA 50%of TypeB TypeA TypeCor. TypeA TypeA  Type CorD Type CorD NA  D  Tree Preservation will continue to apply to allr new developments ina accordance with Section Parking lotl landscaping and dumpster screening requirements will remain unchanged but with thep proposed amendments can be applied tos single family and townhouse residential Planning Staff and the Planning Boardi recommend the Town Council conduct a public hearing and approve oft the: zoning text amendment. ZA-21-05 with as statement declaring the request consistent with the Town of Smithfield Comprehensive Growth Management Plan and thatt the requesti is Planning Director Stephen' Wensman has incorporated his entire record and provided ittot the  10.9, Tree Resource Management.  developments.  reasonable andi int the publici interest.  Council inv written form int the November 9, 2021 agenda packet. Mayor Pro-Tem Dunn askedi ift there were any questions from Council. responded this text amendment would apply only to new development. responded that the Planning Board supported this amendment. There was no one in attendance that wished tos speak ont the matter.  Councilman Barbour he opposed tol landscaping requirement for single-family homes. Mr. Wensman Councilman Scott questioned ifthe Planning Board supported this text amendment. Mr. Wensman Mayor Pro-Tem Dunn askedi ifthere was anyone in attendance who wished to speak ont the matter.  Councilman Rabil made a motion, seconded by Councilman Barbour, to close the public Councilman Scott made a motion, seconded by Councilman Rabil, to approve. zoning text amendment, ZA-21-05, 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. Councilman Scott, Councilman Rabil and Councilman Lee votedi in favor oft the motion. Councilman Barbour voted against the  hearing. Unanimously approved.  motion. Motion passed 3to1.    6246  6. Proposed' Voting District Maps: In accordance with Session Law 2021-56, Senate Bill 722, the Town Council will hear proposed amendments tot the Town's voting districts based ont the  2020 census data.  Councilman Barbour made a motion, seconded by Councilman Rabil, to open the public  hearing. Unanimously approved  Town Manager Michael Scott explained the purpose oft the public hearing was to evaluate the Town's voting districts and possible redistricting based ont the 2020 census results. He explained 300 people were added to the Town's population base since 2010. He further explained the Council had two options; 1)! leave the voting districts ast they currently are or2 2) redistrict slightly and take into account those population changes and demographics. The Town must provide information to the Board of Elections by November 12th whether the Town can or cannot provide them with the approved voting districts by November 17th. The election date has been scheduled for March gth for current districts and the mayor. Ift the Town can provide a recommendation to the Board of Elections by November 17th, then the filing period would begin atr noon onl December 6th and close atr noon on December 17th, Ifthe Town cannotp provide a recommendation! by November 17th, we have to provide it by December 17th. Ifthe Town provides ar recommendation by December 17th, thet filing period would begin atr noon on January 3rd, it will be open for a shorter period until noon on January 7th. The Town Manager reviewed the demographics ofe each voting district based ont the 2020 census data. Hej pointed outt that in District 3, inmates oft the County jaily were included int the census data if they were 18 or older and eligible to vote. He statedt this population base would likely move into District 1 when the new jail site is completed. The Town! Managerf further statedt thati ifthe Council chose to changet the voting districts, Councilman Lee questioned the origin oft the census data. The Town Manager responded the validity oft the census is certainly always a question. The accuracy oft the results was unknown. Councilman Barbour questioned ifcensus data was only reviewed every 10years. The Town Manager responded that Planning Staff annually reviews census data. Every 10 years is when the Town is The Town Manager stated with the growth on the west side, he would recommend hiring an outside Councilman Scottr recommended notr making any changes tot the current voting districts. Mayor Pro-Tem Dunn asked ift there was anyone in attendance who wished to speak on the matter.  staff recommends adjusting a small section oft the downtown area Mayor Pro-Tem Dunn asked ifthere were any questions from Council.  required tor review the voting districts.  firm to redo the districts in 10 years based ont the 2030 census results. There was no one in attendance that wishedt tos speak ont the matter.  Councilman Barbour made a motion, seconded by Councilman Rabil, to close the public Councilman Scottr made a motion, seconded by Councilman Rabil, to submit tot the Board of Elections that the Town will not make any changes to the voting districts. Unanimously  hearing. Unanimously approved.  approved.  CITIZEN'S COMMENTS: There were no comments made by anyone in attendance.  CONSENT AGENDA:  Councilman Barbour made ar motion, seconded by Councilman Rabil, to approve the following items  asl listed ont the Consent Agenda: 1. Thef following minutes were approved: October 5, 2021- Regular Meeting  2. Special Event: Veteran's Day Celebration - The Smithfield Parks and Recreation Department gained approval to conduct a' Veteran's Day Celebration on! November 11, 2021 from 4:30 pm until 7:30 pm at Smithfield Community Park. The use of amplified sound and fireworks was 3. Special Event: Gospeli int the Park- - Betty Johnson gained approval to conducta church service onl November: 20, 2021 from 3:00 pm until 5:00 pm at Smith Collins Park. The use of amplified 4. Special Event: LBJ's Giving Andrew & Erika Wagner, owners oft the Little Brown Jug, gained approval tol hold ane event at1 101 Westl Market Street on November: 24, 2021 between 8:00 pm 5. Bid was awardt to Colorado Timing Systems int the amount of$ $7,892.50 to purchase replacement 6. Bid was awarded to! Modern Chevrolet (State Contract) int the amount of $45,919 for the purchase  approved. This event was also approved as an annual event.  sound was approved1 for this event.  until 1:30 am. The use of amplified sound was approved for this event.  timing system for the competitive pool. ofa2 2022 Chevy Suburban for the Fire Department.    6247  7. Bidv was awarded to Arena's Cleaning Services, LLC in the amount of $550.00 per month for the  water plant's) janitorial services Bids received are as follows:  Arena's Cleaning Services, LLC Cleannet of Charlotte, Inc Jas Clean It, LLC  $550.00 per month $3,096.00 per month $4,440.00 perr month  8. Approval was granted to appoint Brett Renfrow tot the Firemen's Relief Board.  9. Approval was granted to appoint Katie Smitht tos serve ont the Downtown Smithfield Development  Corporation's Board of Directors. Advisory Committee 11. New Hire Report Position Police Officer II PITF Firefighter PITF Fitness Assistant (2) PITE Pool Staff P/TI Pool Staff PITA Aquatics Instructor PITI Fitnessl Instructor Pump Station Mechanic Utility Line Mechanic Current' Vacancies Position Electric Line Technician Police Officer I (4 positions) P/T Collections Assistant P/TF Fire Inspector (2 positions) Sanitation Equipment Operator Sanitation Worker Water Plant Operator  10. The following advisory board appointments were approved:  Alisa Bizzell was reappointed to serve a second term ont the Planning Board and Recreation  Department Police Fire P&R-Aquatics P&R-Aquatics P&R-Aquatics P&R-Aquatics P&R-Aquatics PU-Water/Sewer  Budget Line  Rate ofPay  1020-5100-5100.0200 $19.91/hr. ($44,518.76lyr.) 10.20-5300-5100-0210 $17.60/hr. 10-60-6220-5100-0210 $9.00/hr. 10-60-6220-5100-0220 $8.00/hr. 10-60-6220-5100-0220 $10.00/hr. 10-60-6220-5100-0230 $12.00/hr. 10-60-6220-5100-0230 $15.00/hr. 30-71-7220-5100-0200 $17.09/hr. ($35,547.20/yr.)  PU-Water/Sewer 30-71-7220-5100-020 $15.48/hr. ($32,198.40lyr.)  Department PU- Electric Police PU- Electric/CS Fire Public' Works Public Works PU-V Water Plant  Budget Line  31-72-7230-5100-0200 10-20-5100-5100-0200 31-72-7230-5100-0200 1020-5300-5100-0200 10-20-5300-5100-0210 10-40-5800-5100-0200 10-40:5800-5100-0200 30-71-7200-5100-0290  P/TF Firefighter /Responders (Up to! 5 positions) Fire  12. Approval was granted tor reappoint Mike Fleming tot the. Johnston County Economic Development 13. Bid was awarded to GroundsOne Landscaping Contractors int the amount $22,0831 to complete landscaping att the Town Commons between the Boat ramp andi the Boy Scout Hut.  Committee representing the Town of Smithfield  Business Items:  1. Consideration and request for approval to rename South Avenue to Dr. CJ Allen Town Manager Michael Scotte explained members of Mount Zion Church of Deliverance located at 908 South Avenue was requesting to change the name of South Avenue to Dr CJ Allen Avenue, in recognition oftheir Pastor. Dr. CJA Allen has been the Pastor oft the Mount2 Zion Church of Deliverance fort thirty (30) years andi is retiring on November 14, 2021. The congregation oft the church would like tor rename South Avenue as at tribute to Dr Allen's dedication, exceptionally caring work and years of service tot the Smithfield Community and Mount2 Zion Church of Deliverance. Thes streetr name change willi impact the addresses oft the Church and residential customers. The two residences impacted are 902 and 918 South Avenue. Both were notified oft this request and both have consented tot the street Pastor Wyatt Raglan provided background information tot the Council on Reverend Doctor CJ Allen. Hee explained her name ast the Church's physical address woulds serve as ane everlasting achievement  Avenue  name change. There are no other properties directly impacted by this change.  ofher work donei int the community and the church.  Councilman Lee made a motion, seconded by Councilman Rabil to approve the renaming  of South Avenue to Dr CJ Allen Avenue. Unanimously approved.  2. Annexation Request t-Twin Creeks Phase 1A (ANX 21-02): southwest oft thei intersection of NC Highway 210 and Black Creek Road.  Planning Director Stephen Wensman explained the Town of Smithfield received a petition from Navahol Development LLCforav voluntarily: satellite annexation of1.61 acres tot the Town of Smithfield adjacent tot the Twin Creeks Phase 1 development: site on Black Creek Road approximately 1,800ft The satellite annexation property witht the NC Pin # 167300-56-5565 is part oft the property annexed tot the Towni in 2018 (ANX-18-01) with vestedi rightsf for preliminary plat of Twin Creeks Phase 1. After    6248  annexation, ANX-18-01, the developer's attorney identified an error on the deed and made a deed correction showing the 1.61 acres ofl land belonging to the developer's property. Asar result ofthe deed error, the 1.61 acres was omitted from the 2018 annexation and the Twin Creeks Phase 1 preliminary plat. After annexation, the developer intends to have the 1.61 acres rezoned to R-20A and platted into 31 lots with access onto the Twin Creeks Phase 1 street and connected" tot the Town's Per NCGS 160A-58.2, the Council must pass ar resolution directing the Town Clerk toi investigate the  utilities in Twin Creek Phase 1. sufficiency oft the petition.  Councilman Barbour made a motion, seconded by Councilman Rabil, to adopt Resolution 689 (17-2021) directing the Town Clerk to investigate the sufficiency of the annexation  petition. Unanimously approved.  TOWN OF SMITHFIELD RESOLUTION No. 689 (17-2021) DIRECTING THE CLERK TO INVESTIGATEAI PETITION RECEIVED UNDER G.S. 160A-58.1  WHEREAS, a petition requesting annexation of an area described in said petition was WHEREAS, G.S. 160A-58.2 provides that the sufficiency of the petition shall be investigated by the Town Clerk before further annexation proceedings may take place; and WHEREAS, the Town Council oft the Town of Smithfield deems ita advisable to proceed in NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF The Town Clerk is hereby directed to investigate the sufficiency oft the above-described petition andi to certify as soon as possiblet tot the Town Council the result ofheri investigation  received on! November 9, 2021 by the Smithfield' Town Council; and  response tot this request for annexation:  SMITHFIELD THAT:  3. Consideration: and request for approval to create a new Fire Marshall position Fire Chief Michael Brown addressed the Council on a request to create a Fire Marshall's position to provide building inspections and plan reviews for all new and existing structures. He explained that with the rapid growth in Smithfield, department was inundated with required fire inspections due to new construction and community growth. Thel budget includes two part-time fire inspectors, of which neither is filled. The department is requesting to eliminate one part-time position and replace itwitha full-time Fire Marshal who will be a level three inspector and able to perform the necessary fire While we can absorb the increase in budget in the current fiscal year, the FY 2023 budget will be impactedi for benefits andt the salary differencel between the one, part-time firei inspector and new Fire Marshal Position. This equates to $70,000. The salary range would bet the same as the current level 31 Inspectors, $55,557 to $86,113. We are requesting permission to hire up to the midpoint oft the salary range. We have explored surrounding like positions and believe our salary range will be competitive to attract highly qualified applicants. The process for filling this vacancy will be offered This is a much-needed position to keept the flow ofr new inspections and plan reviews upt to date and be responsive oft the requests from our stakeholders. This position will work alongside our planning We have exhausted all measures to hire part-time positions and we are currently asking the county inspectors to assist us until the position can be filled. The county cannot continue to provide the Our current process is not working. We have aj plans reviewer who can only come on the weekends and not during normal working business hours tor meet with builders or perform site visits. This isa must forr new construction thatis progressively movingf forwarde each day. Fire crews have been trying tof fillt the void buta are overwhelmed witht thet time needed to ensure proper Fire Prevention Codes are Councilman Scotto questioned" whens someone would bel hiredi fori this position. Chief Brown responded Councilman Scottf further questioned how thep position would be funded. Town Manager Michael Scott responded there were: sufficient funds int the Fire Department's salary budget to cover the cost oft the  inspections throughout the Town.  internally and externally tof find the best applicant. division and other departments as needed. servicef for an extended term.  being met.  possibly by February someone who be! hired for the position.  position.  Councilman Scott, made a motion, seconded by Councilman Rabil, to allow staff to create the Fire Marshall position and authorize thel hiring of that position. Unanimously approved. Councilman Barbour questioned if Chief Brown could provide an update to the Council on the EMS  program the Council implemented.    6249  Councilmembers Comments:  Councilman Lee stated he was at a County Commissioners meeting and a young lady spoke, but was hesitant top provide her name and address siting safety concerns. He questioned ifas speaker was required to provide this information at Town Council meetings. Town Manager Michael Scott responded there was nor requirement top provide this information, buth historically, itwasi important for Councilman Lee congratulated the Neuse Charter School volleyball team and the Smithfield Selma High School football team for their outstanding seasons. He asked that both teams be recognized Councilman Barbour expressed his appreciation tot the Planning Department for all their hard work Councilman Scotte expressed his appreciation to Sarah Edwards and the Junior Women's League fort the Touch a Truck event. Councilman Scotti further stated inl light of the recent court ruling on vaccine mandates, he publicly wanted to announce he was adamantly against forcing anyone to  the Council tol knowi ifthe speaker was a Smithfieldi tax payer.  by the Town Council.  asitre related to allt the new growth in Smithfield. make the decision tot take medication.  Mayor Pro-Tem Dunn welcomed Chief Michael Brownt to Smithfield.  Town Manager's Report:  Town Manager Michael Scott gave ab brief update tot the Council ont the following items:  Parks and Recreation is ready to kick off a festive event to celebrate and thank our veterans on Veterans Day, Thursday, November 11th. This will include music, food and fireworks at Community Att this time, the Towni is planning to have the 2021 Christmas Tree lighting on December 2nd and the The annual SwimsGiving event att the SRAC is scheduled for November 14th, where four (4) cans of The annual Grinch Run is scheduled to begin at Community Park on December 4th. A new toy for Sanitation customers who normally have their trash and yard debris picked up on Thursdays, will have theirt trash and yard debris picked up on Wednesday, during the Thanksgiving week.  Parki from 4:001 to 7:30 pm. Fireworks are schedule for 7:00.  annual Parade on! December! 9th on! Market Street. Please mark your calendars. perishable food items, gets a person into the SRAC pools forf fun.  Christmas Givingi ist the price fore entry.  Closed Session Pursuant to NCGS 143-318.11 (a)( (5)  Councilman Barbour made ar motion, seconded by Councilman Rabil, to enteri into Closed Session pursuant Councilman Barbour made a motion, seconded by Councilman Rabil, tor reconvene in Open Session.  tot the aforementioned: statute. Unanimously approved ata approximately 8:57 pm  Reconvene in Open Session  Unanimously: approved: at approximately 9:33 pm. No action was taken byt the Council following the Closed Session  Adjourn  Being no further business, Councilman Scottr made a motion, seconded by Councilman Barbour, to adjourn ther meeting. Unanimously approved. The meeting adjourned ata approximately 9:34 pm.  OFS SMITA MI  VA  Ma M. Andy Mpore, Mayor  ATTEST:  ogoilons Shannan L.F Parrish, Town Clerk