6192 The Smithfield' Town Council met inr regular session on Tuesday, August 3, 2021 at 7:00 p.m. in the Council Chambers oft the Smithfield" Town Hall, Mayor M. Andy Moore presided. Councilmen Present: Marlon! Lee, District1 David Stevens, District2 Travis Scott, District3 Dr. David Barbour, District4 Stephen Rabil, At-Large Roger Wood, At-Large Councilmen Absent John Dunn, Mayor Pro-Tem Administrative Staff Present Michael Scott, Town! Manager Ted Credle, Public Utilities Director Jeremey Daughtry, Assistant Fire Chief Lawrence Davis, Public Works Director Gary Johnson, Parks & RecD Director TimH Kerigan, Human Resources/PIO Shannan Parrish, Town Clerk R.Keith Powell, Chief of Police Greg Siler, Finance Director Stephen' Wensman, PlanningDirector Administrative Staff Absent Also Present Bob Spence, Town Attorney CALLTO ORDER INVOCATION Mayor Moore called the meeting to order at7 7:00 pm. Thei invocation was given by Councilman Scottf followed by the Pledge of Allegiance. APPROVAL OF AGENDA: Councilman Wood made a motion, seconded by Councilman Rabil, to approve the agenday with the following amendments: Add tot the Consent Agenda: 14. Special Event: School Supply Giveaway Consideration and request for approval to allow! Marlon Leet tol hold a school supply giveaway event at Smith Collins Park on August 21, 2021 from 11:00 am until 4:00 pm. This requesti includes amplified sound. 15. Special Event: Third StrEATery - Consideration and request for approval to allow thel Downtown Smithfield Development Corporation to hold Third StrEATery events on September 10, 2021 and October 1 ,2021 from 6:00 pm until 9:00 pm. pm. This request includes amplified sound and the closure oft the 100 block of South Third Street. Unanimously: approved. PRESENTATIONS: 1. Appearance Commission's Annual Report Chairperson Stuart Lee presented the Appearance Commission's Annual Reportt to the Council. Attached hereto and made a part oft these official minutes is the. Appearance Commission Annual Report whichi is onf file int the office oft the Town Clerk.) CITIZEN'S COMMENTS: CONSENT AGENDA: Lindsay Bean of 10A Alpine Court, Smithfield expressed concerns ofe excessive pine straw on her neighbor's property. She explained that other municipalities have ordinances regulating pine straw because ito can be ai fire hazard. Councilman Barbour made a motion, seconded by Councilman Wood, to approve the following items as listed ont the Consent/ Agenda: 1. Thef following minutes were approved: July 6,2021- - Regular Meeting July 6,2021-C Closed Session 2. Special Event: The Love Connection's Unity int the Community Christina Arena gained approval to conduct an outdoor event on Saturday, September 6, 2021 from 12:00 pm until 5:00 pm. The closure of South Front Street and the 100 block of East Johnston Street and the use of amplified sound was also approved with this request. 6193 3. Approval was granted to adoptr revision to the Employee Pay Scale Scale whichi is onf filei int the Office oft the Town Clerk) 4. Approval was granted to amend the FY 2021-2022 Fee Schedule Schedule whichi is onf filei int the Office oft the Town Clerk) fAttached by reference and made a part oft these official minutes isac copy oft the Employee Pay fAttached by reference: and made a part oft these official minutes is a copy oft the. Amended Fee 5. Promotion: Approval was granted top promote al Police Officerl Itoi the rank of Police Officer II 6. Promotion:. Approval was granted top promote al Fire Lieutenant tot the rank of Fire Captain 7. Promotion: Approval was granted top promote al Fire Engineer to the rank of Fire Lieutenant 8. Promotion: Approval was granted to promote 2 Firefighter II employees to the rank of Fire 9. Bidy was awarded to Deacon. Jones Ford int the amount of$34,783 for the purchase ofal F-250 truck tobe utilized by the Public Utilities - Water/Sewer Department. Bids received are as follows: Engineers Deacon Jones Ford $34,783 Capital Ford Kenly Ford WATER/SEWERI FUND 1. Expenditures Projects WSCPF $35,929 $46,672 10. The following budget amendment was approved: 3071-7220.5700-7400 Wtr/Sewer Dist. Capital 30-76-7220-5970-9101 Wtr/Sewer Dist. Transfer $ (22,500) $ 315,000 1.200.000 22.500 $1515.000 $ 292,500 1.222,500 1,515,000 Toi fund AIA Grantr match of 15% or $22,500 Water/Sewer Fund Capital Projects Fund 45-71-3700-7220-0004, AIA Sewer Grant 2 45.75-3870.3870.0311 Transfer W/S Fund- AIA 2. Revenue Grant2 $ 150,000 $ 22,500 $ 172,500 172,500 $ 150,000 $ 22.500 172,500 $ 172,500 $ $ Expenditures 45-71-7220-5700-7425 Sewer. AIA2 Toe establish and fund AIA Grant 11. Approval was granted to appoint Blake Gotliffe tot the Downtown Smithfield Development Board of Directors. 12. Thei following advisory board appointments were approved: Mary Nell Ferguson was reappointment to serve a third term on the Historic Properties Monique Austin was appointed tos serve ai firstt term ont the Board of Adjustment. Commission. 13. New Hire Report Position Technology (IT) Director Utility Line Mechanic Current Vacancies Position Assistant Finance Director Customer Service Representative Electric Line Technician Department BudgetLine 30-71-7220-510-0200 31-72-7230-5100-0200 Rate of Pay Public Works Crewl Leader PW- Sanitation 10-40.5800-5700-0200 $20.69/hr. ($43,035.20lyr.) General Government 10-10410-510-0200 $30.16/hr. ($62,732.80/yr.) PU-Water/Sewer 30-71-7220-5100-0200 $15.18/hr. ($31,574.40lyr.) Department Finance Electric Electric Budgetl Line 10-10-4200-5100-0200 31-72-7230-5100-0200 31-72-7230-5100-0200 6194 Fire Chief Fire Inspector (Part-time -2 positions) ITS Support Specialist Water Plant Operator Police Officer I (4 positions) P/T Collections Assistant P/TF Firefighter I(8 positions) P/TI Mechanic Pump Station Mechanic Utility Line Mechanic Fire Fire PU- Water Plant Police PU-E Electric Fire PW- Garage PU-V Water/Sewer PU-1 Water/Sewer 10-20-5300-5100-0200 10-20-5300-5100-210 30-71-7200-5100-0200 10-20-5100-5100-0290 31-72-7230.5100-0200 10-20-5300-5100-0200 10-30-5650-5100-0200 30-71-7200.5100-0200 10-40-5800-5100-0200 30-71-7220-5100-0200 General Government (31 funds). 10-10-4100-5100-0200 Sanitation Equipment Operator (4 positions) Public Works 14. Special Event: School Supply Giveaway- - Marlon Lee gained approval to conducta school supply giveaway event at Smith Collins Park on August 21, 2021 from 11:00 am until 4:00 pm. The use of amplified sound was also approved. The event was approved as an annual event to be held the Saturday before. Johnston County Schools startedt the new school 15. Special Event: Third StrEATery Thel Downtown Smithfield Development Corporation gained approval to hold Third StrEATery events on September 10, 2021 and October 1 ,20211 from 6:00 pm until 9:00 pm. pm. This request includes amplified sound and the closure oft the 100 1. Bid Award in the amount of $37,500 to Honeywell to upgrade the control boxes for Public Utilities Director Ted Credle addressed the Council on a request to award al bid to Honeywell in the amount of $37,500 to upgrade control boxes for the load management project. Mr. Credle explained the Town has an existing residential load management program that offers discounts to customers that participate by allowing a control box to shut off operations on water heaters andlor HVAC systems during the peak hours oft the month. The current system is a one-way switch that receives a signal andi initiates the shut-down. The drawback is the fact we dor not knowi if the switch isv working and ift the Town is receiving the benefit of the reduced load. The upgraded switches will work as a two-way switch and let the Town know if, in fact, the switch is operating. The selected contractor will be given a list of participating customers and they will contact the customers to coordinate entryi intoi the homet top perform the change out. Weves scheduled this projectt to take about Councilman Scott questioned ifthis was included int the current budget. Mr. Credle responded int the Councilman Scott questioned ift the new control boxes would work with the AMI smart meters. Mr. Councilman Scott questioned how this would be marketed tot the customers. Mr. Credle responded staff would work on a campaign toi inform all customers ofthis program. Mayor Moore suggested that staff produce some public service announcements on load management and the benefits of load year. block of South Third Street. the load management project Business Items: 90 days. affirmative. Credle responded int the affirmative. management. Councilman Scott made a motion, seconded by Councilman Rabil, to award the bid to Honeywell in the amount of $37,500 and authorize the Town Manager to execute the contract with Honeywell for this project. Unanimously approved. 2. ANX-12-01: Annexation Request ASP Smithfield LLC/SST Properties (Samet Properties) and FNLI Agouti JNX LLC (Amazon) accepting the sufficiency of the annexation petition and adoption of Resolution No. 685 (13-2021) Town Clerk Shannan Parrish addressed the Council on a request to adopt Resolution No. 685 (13- 2021) setting the date ofthe Public Hearing for September 7, 2021 for the annexation request. She explained that the annexation petition has been certified and it was found to be sufficient. Councilman Wood made a motion, seconded by Councilman Barbour, to adopt Resolution No. 685 (13-2021)s setting the datef fori thep publich hearing ont the annexation petition request submitted by ASP Smithfield LLC/SST Properties (Samet Properties) and FNLIA Agouti. JNX LLC (Amazon). Unanimously approved. TOWN OF SMITHFIELD RESOLUTION NO. 685 (13-2021) RECEIVED UNDER G.S. 160A-31 DIRECTING THE CLERK TO INVESTIGATE/ AF PETITION WHEREAS, ap petition requesting annexation oft the area described herein has been received; and WHEREAS, the Town Council has by Resolution No. 683 (11-2021) directed the Town Clerk to WHEREAS, certification by the Town Clerk ast tot the sufficiency oft the petition has been made; investigate the sufficiency oft the petition; and 6195 NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF Section 1:Ap public hearing ont the question of annexation oft the area described herein will be heldi int the Council Chambers oft the Town Hall located at 350 East Market Street, Smithfield SMITHFIELD1 THAT: North Carolina at7:00p pm on September 7,2 2021. RDU2 ANNEXATION -LANDI DESCRIPTION COUNTY REGISTRY INF PB 93, PAGE2 241. ALSO DESCRIBED, AS: Section 2:7 The area proposed for annexation is described as follows: ALL OF LOTS1A AND2 2ASSETE FORTH ON THAT CERTAIN RECOMBINATION PLAT "RDU2", FOR: SAMET CORPORATION, RECORDED ON APRIL: 28, 2021 IN. JOHNSTON ALL THOSE CERTAIN PARCELS OF LAND LYING IN JOHNSTON COUNTY, NORTH CAROLINA ADJOINING THE NORTH SIDE OF WEST MARKET STREET (US HWY 70 BUSINESS), AND BEING WEST OF M DURWOOD STEPHENS HIGHWAY (NCSR 1923), SAIDI PROPERTY! BEING Al PORTION OF LANDS INT THE NAME OF ASP SMITHFIELD, LLC & SST PROPERTIES LLC AS RECORDED IN THE JOHNSTON COUNTY REGISTRY IN DEED BOOK 5875, PAGE 96 AND ALL OF THE PROPERTY IN THE NAME OF ASP SMITHFIELD, LLC & SST PROPERTIES, LLC AS DESCRIBED INI DB 5875 PG91A ANDIS BEGINNING. AT A POINT INT THE NORTHERN RIGHT OF WAY OF US HWY 70 BUSINESS AND IN THE SOUTHERN CORNER OF THE COMMON LINE OF LAND IN THE NAME OF NELL WOOD LEE AS RECORDED IN DB: 3609 PG 832 ANDI LAND INT THE NAME OF ASP SMITHFIELD, LLC&SST PROPERTIESI LLCA ASF RECORDED! IND DB 5875PG77, SAIDF POINT BEING INT THE CENTERLINE OFA AS STREAM, ANDI RUNS; THENCE, WITH! LEE, ALONG A CREEK FOR THE FOLLOWING COURSES, N 07°34'49" EA DISTANCE OF 38.73' TOAF POINT, ANDI RUNS; THENCE, N 36°14'53" EA DISTANCE OF 16.77 TO A POINT, AND RUNS; THENCE, N 17°46'03" EAD DISTANCE OF 31.95'7 TOAF POINT, ANDI RUNS; THENCE, N 11 e20'00" EAD DISTANCE OF5 53.077 TOAPOINT, ANDI RUNS; THENCE, N6 62°17'44" EAI DISTANCE OF 35.51'T TO AF POINT, ANDI RUNS; THENCE, N1 16°18'03" EAI DISTANCE OF 45.51'TO APOINT, ANDI RUNS; THENCE, NE 68°24'38" EAI DISTANCE OF 22.13TOAPOINT, ANDI RUNS; THENCE, N2 24°42'16" EAI DISTANCE OF 15.29" TO ANE EXISTING IRON PIPE, ANDI RUNS; THENCE, N 02°07/47" WAI DISTANCE OF 46.26' TO APOINT, AND RUNS; THENCE, N 47°27/41" EAI DISTANCE OF 21.96' TO APOINT, AND RUNS; THENCE, N 03°00'56" WAI DISTANCE OF 14.67'7 TOAF POINT, ANDI RUNS; THENCE, N 16°28'16" EAI DISTANCE OF 50.37 TOA AP POINT, ANDI RUNS; THENCE, N4 40°39'15" EAD DISTANCE OF 81.48' TO AF POINT, AND RUNS; THENCE, N3 38°40'38" EAI DISTANCE OF 48.59 TOAF POINT, ANDI RUNS; THENCE, N3 36024'47" EAI DISTANCE OF 88.18' TOA AF POINT, ANDI RUNS; THENCE, N5 50°15'49" EAI DISTANCE OF 25.85' TO ANE EXISTING IRONF PIPE (DISTURBED), THENCE, N2 26°33'56" EAI DISTANCE OF 43.04 TOAF POINT, ANDI RUNS; THENCE, NO 04°46'03" EAI DISTANCE OF 16.77 TOA APOINT, ANDI RUNS; THENCE, N'22°42'38" EAI DISTANCE OF4 42.17'TOA APOINT, AND RUNS; THENCE, N26°42'10" EAI DISTANCE OF 83.85' TOAF POINT, AND RUNS; THENCE, N'25°40'44" EAI DISTANCE OF 94.07' TO AF POINT, AND RUNS; THENCE, N1 16°40'31" EAI DISTANCE OF 68.61 TO AF POINT, AND RUNS; THENCE, N1 11°53'36" EAI DISTANCE OF 43.49' TOAF POINT, AND RUNS; THENCE, N 03026'38" WAI DISTANCE OF6 66.84 TO APOINT, ANDI RUNS; THENCE, N22°3117" WAI DISTANCE OF 14.50' TO AF POINT, ANDI RUNS; THENCE, N1 1152'48" WAI DISTANCE OF 42.02' TOA AF POINT, ANDI RUNS; THENCE, N 13°01'03" WAI DISTANCE OF5 56.05' TOAPOINT, ANDI RUNS; THENCE, NO 09°41'04" WAI DISTANCE OF6 66.62'TOAPOINT, ANDI RUNS; MORE PARTICULARLYI DESCRIBED. AS FOLLOWS: ANDI RUNS; 6196 THENCE, N 06°51'56" WAI DISTANCE OF 63.97 TO APOINT, AND RUNS; THENCE, N29*35'36" WAI DISTANCE OF 3.07' TOAPOINT, AND RUNS; THENCE, N1 13°28'22" WAI DISTANCE OF 62.12'7 TO APOINT, ANDI RUNS; THENCE, N1 17°42'52" WAI DISTANCE OF 42.47 TO AF POINT, AND RUNS; THENCE, N1 17°20'34") WA DISTANCE OF 38.01'TOA AF POINT, AND RUNS; THENCE, N30°01'11" WAI DISTANCE OF 56.74'TO APOINT, ANDI RUNS; THENCE, N28°53'41" WAI DISTANCE OF 22.377 TO AF POINT, AND RUNS; THENCE, N36°36/06" WAI DISTANCE OF 49.90" TOAP POINT, AND RUNS; THENCE, N35-46/40" WAI DISTANCE OF 72.63" TO AF POINT, ANDI RUNS; THENCE, N3 30°19'44" WAI DISTANCE OF 67.627 TO AF POINT, ANDI RUNS; THENCE, N32°48'25" WAI DISTANCE OF 48.90' TO AF POINT, ANDI RUNS; THENCE, N31°22'56" WA DISTANCE OF 61.88' TO AF POINT, ANDI RUNS; THENCE, N27°10'17" WA DISTANCE OF 57.59' TO AF POINT, ANDI RUNS; THENCE, N25-42'32" WA DISTANCE OF 58.85 TO AF POINT, ANDI RUNS; THENCE, N1 19°28'35" WA DISTANCE OF 60.49" TO AI POINT, ANDI RUNS; THENCE, N 18°13'31") WAI DISTANCE OF 37.96' TO AF POINT, ANDI RUNS; THENCE, N1 16°18'42" WAI DISTANCE OF 26.37TOAF POINT, ANDI RUNS; THENCE, NO 08°39'31" WA DISTANCE OF 20.45 TO AN EXISTING IRONI PIPEI INT THE CORNER OFL LANDI INT THE NAME OF KIMBERLY GOWER. JOHNSON, AS RECORDED IN THENCE, WITHJ JOHNSON, N1 12°27'05" EAI DISTANCE OF 354.96' TOA ANE EXISTING IRON PIPE INT THE CORNER OF LANDI IN THEI NAME OF ANNI UV WOOD eta al. AS RECORDED IN THENCE, WITHY WOOD, S8 88°41'47" EAI DISTANCE OF 387. .09" TO AN EXISTING IRON STAKE IN THE CORNER OF LAND INT THE NAME OF EULAI MAE BELL LIFE ESTATEAS THENCE, WITH TWO PARCELSI INT THEI NAME OF BELL, S8 88°38'00" EAI DISTANCE OF 1,200.90' TO ANE EXISTING IRONE PIPEI INT THE CORNER OF LANDI INTHE! NAMES OF WILLIE CAROLI DAVIS HEIRS, PARCEL ID: 150780238, DEED BOOK ANDI PAGE UNKNOWN, ANDI WILBERT EDWARDI MCCLAMB. ASF RECORDED! INI DEEDE BOOK1 1047 THENCE, WITH MCCLAMB, S8 88°40'53" EAI DISTANCE OF 503.471 TO AN EXISTING IRON PIPEI INT THE CORNER OFL LANDI INT THE NAME OF HEATH STREET: #2151 LMTDI PRTRSHP THENCE, WITH HEATH STREET, S8 86°28'1711 EAI DISTANCE OF 499.4 .48' TOA AN EXISTING IRON PIPE INT THE CORNER OF ASECONDI PARCEL OF LANDI INT THE NAME HEATH STREET #2151 LMTDI PRTRSHP, ASF RECORDED IN DEED BOOK 1897 PAGE 945, THENCE, WITHH HEATH STREET, S 00°17/44" WAI DISTANCE OF 1,824.82'TO AN EXISTING IRONF PIPE INT THE CORNER OFL LANDI INT THE NAME OF RUTHJLEE LIVING TRUST ASF RECORDED IND DEEDE BOOK5 5793 PAGE 535, ANDF RUNS; THENCE, WITHI RUTHJLEEI LIVING TRUSTI FOR THE FOLLOWING3 COURSES, 01°43'58" WAI DISTANCE OF 883.39" TOAF POINT, ANDF RUNS; THENCE, N89°00'24" WAI DISTANCE OF 576.84TOAPOINT, ANDE RUNS; THENCE, S 02°01'53" WAI DISTANCE OF 828. .46' TO ANI EXISTING IRON PIPE INT THE NORTHWEST CORNER OF LOT9 OF THE WESTVIEW SUBDIMISION RECORDED! IN THENCE, WITHT THE WESTVIEW: SUBDIMISION, ALONGI LOTS9, 8,7,6.5,4AND1,S 55°49'06" WAI DISTANCE OF 844. .89 TO ANI IRONF PIPE SETI IN THE NORTHERN RIGHT OF WAY OF WEST MARKET STREET, (USH HIGHWAY 70E BUSINESS), ANDI RUNS; THENCE WITHT THE RIGHT OF WAYI N4 47°09'28" WAI DISTANCE OF 294.14'TO. ANI IRON THENCE, CONTINUING WITHT THE RIGHT OF WAY, WITHAC CURVE TURNING TO THE RIGHT WITH ANA ARC LENGTH OF 2,016.90, WITHA AF RADIUS OF 4,837.29, WITHA CHORDI BEARING OFI N3 35012'47" W, WITHAC CHORDI LENGTH OF: 2,002.32', TO THE POINT ANDE PLACE OF BEGINNING ANDI HAVING ANA AREA OF 193.027 ACRES 8,408,257 DEEDE BOOK 3628, PAGE 932, ANDE RUNS; DEEDE BOOK 5007, PAGE 850, ANDI RUNS; RECORDED INI DEEDI BOOK: 3661, PAGE 954, ANDI RUNS; PAGE 73, ANDE RUNS; AS RECORDED INI DEEDE BOOK 1897 PAGE 945, ANDF RUNS; ANDI RUNS; PLATE BOOK 14F PAGE 119, ANDF RUNS; PIPE SET, ANDI RUNS; SQUARE FEET, TOE BE THE SAMEI MORE ORL LESS. Section 3: Notice oft the public hearing shall be published once int the Johnstonian News, a newspaper having general circulation int the Town of Smithfield, atl least ten (10) days priort to the 6197 date oft the public hearing. 3. Discussion concerning storm drainage on Cedar Drive Town Manager Michael Scott explained that on July 26th, the Town experienced a rain event that causedf flooding throughout the Town. Following that rainstorm, Councilman Lee and some residents of Cedar Drive contacted him abouti flooding ont that street. Water did enter some cars, but water did not get into any houses. This issue was discussed during the budget process, but ity was tabled until suchi fundingr mightbecome: available through the American Rescue Plani funds ort through the Federal infrastructure bill. Flooding along Cedar Drive has been and seems to continue to be a problem. Councilman Lee stated that the residents of Pine Acres have dealt with repeated flooding in their neighborhood. He stated the Town needed toi invest funds to alleviate the flooding int the area. Mayor Moore asked if there was any update on the federal infrastructure bill. The Town Manager responded the Senate passed a version ofit, butt the House wants a more robust bill. He anticipated Councilman Scott questioned the plan for flood mitigation along Cedar Drive. The Town Manager responded there were few options because oft the way the subdivision and the streets were originally built. The middle of Cedar Drive isl likened to a flat bowl where water runs from both sides into the middle. There are nots significants storm drains or catch basins int the center. Iftherei is steady rain, the drains and catch basins can handlei it, buti ittherei is a major downpour, they cannot handle the water because it overflows the catch basins and stands in the middle oft the block. Staff are keeping the catch basinsi free of debris which is helping. The plan would bet tor remove the existing 18" pipe and replace itv with a larger one. The larger pipe would hold more water and would, hopefully during the downpours, the waterv wouldr not overflow the cash! basins. Hef further explained this wouldr not prevent flooding in the area all the time, but he felt it would be an improvement. This was really the only improvement that could be done without spending $100 million to elevate every house along Cedar Councilman Scott questioned if the Town Engineer agreed with the Manager. The Town Manager responded the Engineer was less optimistic because without changing the fall oft the pipes, your may nots see as muchi improvement as youv would like. The Engineer does agree thatt there would bes some Councilman Barbour stated the $60,000 was not approved during the budget process. The Town Manager recalled thatt the decision was made by the Council to wait until the American Rescue Plan (ARP) funds were received to decide how they would be used. Councilman Barbour stated there The Town Manager explained the ARP funds must be allocated by 2024 and spent by 2026. He stated hey would like to schedule some meetings with the Council to begini identifying priorities. Once ali list ofp priorities is made, the Council can move forward with those projects using ARP funds or the Council can choose to wait to see what the federal government's infrastructure package entails. Currently, the Town has al little over $2 million in ARP funds that can be spent on water, sewer, Councilman Wood stated flooding on Cedar Drive has been an ongoing issue that should be addressed. The Town! Manager responded thati the estimate receivedi is dated and! he would not want tob bel heldt to $60,0001 fort the completion oft the pipe replacement project. With increasesi in costs, this Councilman Scott questioned ifthe Town could allocate funds to run ac camera through allt thesel lines. The Town! Manager responded the Council approved the purchase ofa a camera in the newly created stormwater budget which would be used to inspect all the lines. He explained that a vac truck was needed for the stormwater department. Ifit was the desire of the Council to keep the storm drains clean and clear, then a vac truck was a necessity. The vac truck had the force to push anything out The Town! Manager statedt that Cedar Drivev was unique. The only option was the upsize the pipe, but itwill not totally mitigate the issue. It will improve the situation, but itv will not completely fixit. He encouraged the Councilt to schedule ay workshop tot try to identify the best use oft the ARP fund. He suggested allowing the staff to obtains some quotes ont the cost ofr replacing the pipe on Cedar Drive. Mayor Moore stated the Council should look att this holistically since many areas throughout Town have been flooding. It was his recommendation to direct the Manager to solicit bids for the pipe replacement on Cedar Drive and provide thati information tot the Council att the September meeting. Councilman Lee expressed some reservations about waiting until September to decide what should Councilman Lee asked that this be placed ont the agenda for further discussion. there would be ongoing negotiations until a compromise was reached. Drive. improvements, but that wouldr not bek known until the pipe was replaced. should! be a strategic plan on how tou use those funds. sanitary sewer, stormwater infrastructure projects. project could cost $90,000. ofthel lines. be done on Cedar Drive. PUBLIC HEARINGS: 1. Conditional Zoning Request Floyd's Landing (CZ-21-03 ): The CE Group is requesting conditional rezoning of a portion of five parcels of land totaling approximately 199.8 acres from the R-20A Residenta-Agrcutura), and B-3 (Highway Entrance Business) zoning 6198 districts tot the R-8 CZ (Residential Conditional Zoning) district for the construction of a 598- unit residential development. The properties considered for approval are located ont the west side of US Highway 70 Business West approximately 300 feet northwest of its intersection with South Rodgers Drive. The properties are further identified as Johnston County Tax ID# 15079014 15078012B and ap portion of Johnston County Taxl D#15078012, 15077035C and 15077035H Councilman Barbour made a motion, seconded by Councilman Rabil, to open the public hearing. Unanimously approved. Planning Director Stephen Wensman explained the CE Group Inc. was requesting a conditional rezoning requesto of5 properties, 199.8-acres, from R-20A and B-3toF R-8 CZ with ar master plan fora subdivision consisting of1 1180 detacheds single-family homes, 2201 Townhomes and 360 apartment units Thes site is within the Neuse River Basin and drains into the Reedy Branch and Swift Creek. The site generally slopes away from US Hwy 70 Business W. Fromr northt tos south, the site is broken upi into 3 developable areas by blue line streams. Moret than halft the site is within the 100-year floodplain. The land is currently used for residential and agriculture purposes. An existing commercial billboard and the Town's Wayfinding Gateway sign are located on the property identified as Tract1 1. The site is a mix of open agricultural fields and wooded areas with several single-family homes. The existing homes will be removed from the site. The commercialresidential property owned by Zane and Betty Williams is noti includedi int the rezoning andi is not part of the development property. The site is currently: zoned R-20A except for a 500' strip along US Hwy 70 Bus Wi thati is zoned B-3. The strip of B-3 was incorporated into the Town's zoning when the ETJ was created. All the major corridors have remnants strips of commercial along them. With the rezoning, the applicant is excluding aj portion oft the B-31 from rezoning to create as small commercial development. The applicant will petition for voluntarily annexation of the development into the Town of Smithfield The Town'sl land usep plan guides thes sitef for low density (north) andr medium density residential (south) and conservation (west) where there is floodplain. The overall development will have an average density of 3.5 units per acre. The property identified as Tract 41 is guided for low density residential (corresponds with R-10z zoning) and allows a density of up to 4.36 units per acre (97.79 acres X 4.35 = 425 single family units). The developer isp proposing 118 detached: single-family: and 155 townhomes (273 total units) About 44% of Tract 4 is within the floodplain and undevelopable. The proposed development is consistent with the low-density guidance of the comprehensive plan. The remainder oft the development site is guided for medium density residential with a maximum allowed density of 9.68 units per acre, or 4500 sq. ft. peru unit. About 50% oft the remaining medium density area is within thet floodplain and undevelopable. Mr. Wensman explained that the UDO does not exclude wetlands The proposed land uses and densities match the Town's comprehensive plan and are consistent with R-82 zoning. The developer has excluded portions oft the affected tracts ofl landi from ther rezoning and has chosen tor retain the B-3: zoning that existsf for future commercial uses along the main entrance to the development. Although the B-3zoningi isi inconsistent with the Town'sland use plan, the requested The proposed development will access the highway in 3 locations where there are existing breaks in the median. The Amazon is under development across US Hwy 70 Bus West and will also access thel highway att thet two southernmosti median breaks. ATrafficl Impact Analysis (TIA) is being prepared for this development and one has been prepared for the Amazon development. Iti is likely that the middle access will be a right-in/right-out. Other highway improvements are likely including right-turn deceleration lanes at each entrance to the development. The TIA will be available before the Ithe roads within the development will be public with 60' right-of-way. The developer is proposing three road standards. Road standard Ai is located at the entrances tot the development and consists a3 35' wide paved road back-to-back of curb with sidewalks 5 offt the back of curb. Road Standard B isl located int the townhouse and single family portions oft the development and consists of 27' wide paved road back-to-back of curb with sidewalks 5' off the back of curb. Road Standard Ci is labeled asa ap private road, butis actually considered: aj parking loth by staff and does not have tor meet the Towns The Town's Standard! Street Detail calls out a 34' wide road back-to-back of curb within a 60' right-of- way and a sidewalk 5' off the back of curb on one side oft the street. The curbing is shown as B6-12 type matching the Town's Standard Detail. The overflow parking fort thet townhomes will be private and Approximately 151.4 acres or 75% oft the site will remain undeveloped open space. This area will be comprised ofs streams, wetlands, ponds, flood plain and buffers. Area guided for Conservation in the Comprehensive Plan The master plans shows 50 riparian buffers as required along blue line streams. (698 total number of dwelling units). prior tof final plata approval. int the density calculation. rezoningi is consistent with the Town's land use plan. preliminary plat. streets standards. maintained by the HOA. The developer is proposing thei following: Detached Single-family Lot Size and Dimensions. residential) requires TQ0A,ERSB8OOA, Proposed minimum lot size is 4,829 sq. ft. for the detached single-family (R-10 (low density 6199 Average lots size will be 5,150 sq.ft. Thet typicall lot willl be 42' wide: x115 deep (R-10 min lot widthi is 75/F R-8 min loty width is 60) Thet typical townhouse lot willl be2 20' widex X 100' deep.. As a comparison, the approved EastF River The apartments will be 1-3 bedrooms ranging from 800 sq. ft. to 1,500 sq. ft. ins size: Homes will be 31 bedroom: and will rangei ins size from 1,600-2,100s sq. ft. The developer is proposing 4-6 unit 1400-1600 sq. ft. townhomes. Triplexes had ar minimum lot width of25' and end lots were wider. The property lines fort the apartments are not yet defined. Townhomes. Apartments. 1BD/1BA-8 800sf-1,000sf 2BD2BA-100-12508 BD2BA-1300-130 Garages. 1-car garage willl have a 9' wide garage door and will be 11'-6" wide> x 19 deep. 2-carg garage will have a1 16' wide garage door and willl be 18-9" widex x 19-6" deep. Single-family Home estimated sales pricei ist the mid $200,000s. Townhouses estimated sales pricei is between $180,000-low $200,000s. Estimated Sales Price/Rental Price. Apartment rental price willl be: 1BD/1BA- $850-$1,050 per month 2BD/2BA- $1,100-$1,300 per month 3BD2BA-51.40051,800 per monthly The proposed apartments will have al building height of 501 feet (35 max per R-8 standards). 5 wide public sidewalk will be constructed int the public right-of-way along both sides of all subdivision An8 8' asphaltr multi-purpose trail is proposed along the US Hwy 70 Business W. (5' sidewalk is required wo parking spaces are proposed for each single-family residential unit (detached and attached) within ane enclosed garage and driveway. Additional parkingi is providedi inc overflow parking areas. Multi-family parking will comply with the UDO requirements. There will be limited on-street parking within the townhouse developments given the separation between driveways. Within the townhome areas, there are estimated to be approximately 24 on-street parking spots in the larger area and 6 int the smaller Residential driveways arep prohibited from being within 20' ofa ani intersection corner. Its unclear whether The projects will have several private parks with playground structures and passive lawn areas for Adjacent to US Hwy 70 Business Wa 50' buffer with berm and landscaping is proposed. Adjacent to ther norther boundary oft the site a 50' landscaped bufferi is proposed. Adjacent tot the southern boundary oft the site a 100' landscaped buffer is proposed. Within the public right-of-way, street trees are proposed. The Townhouse and Apartment developments will be required to meet the landscape No dumpster ort trash facilities are shown but will ber required with the multi-family developments. The development will comply with the Town's stormwater management ordinance utilizing a combination of water quality ponds, bioretention areas and other approved measures to treat and control stormwater runoff. As much as possible, the stormwater measures willl be within the open apace The existing monument: sign located att the south end ofl Tract1 1 is within the proposed 100' landscape buffer. There is nop plan tor move itwith the development. With annexation the town's corporate limits will move further north. The developer is willingt to allowt the signt to ber moved by the Town. AnH HOAV will provide common ownership and maintenance ofthes shared opens space, stormwater SCMs The developer is seeking deviations from the UDO as part oft the rezoning. The purpose of conditional zoning is top provide flexibility from conventional: zoning and to allow creative projects to occur through a negotiated (give and take) approach to achieve the desired projectt that both the developer and town mutually can bes satisfiedv with. The applicanti iss seekingt thei following deviations fromt thef following UDO streets. by UDO). because oft the narrow street width and driveway locations. the townhouse development complies with this requirement. informal use. requirements oft the Unified Development Ordinance (UDO). areas and positioned andl landscaped tob be an amenity for the project. Ar master sign plan willl be submitted" with the future preliminary plat. and amenities. Requirements: 6200 Requested Deviations from UDO Requirements Item SF Min. lotsize SFI Min. lotwidth SFI Min. front setback SFI Min. Side Setback SFI Min Rear Setback THM Min. front setback THN Min. Side Setback THMin Rear Setback Max. Bldg. Height Street R-8/UDO 10,000 sq. ft. (.23ac.) 70f feet 30f feet 10f feet 251 feet 30f feet 10f feet 25f feet 35f feet 34' wide back- to-back with 5' utility strip at the back of curb, sidewalk onones side. 1_side of each street along US Hwy 70 24 SF enclosed storage space per unit. R-8 CZ 4,829s sq. ft.(.11ac.) 421 feet 20f feet 5feet 20f feet 201 feet Ofeet 10f feet 50 feet (3 story apartments) 27' wide back-to-back with 5' utility strips and sidewalks on both sides oft the street. 2 sides of each street and an 8' trail along US Hwy 70 Storage may be included in garage units and be available for rent. Not shown on Master Plan. Sidewalks Multi- family storage Spaces and Proposed Improvements Exceeding UDO requirements: 50-foot landscape buffer along norths side 50-foot bermed landscape buffer along easts side 100-foot landscaped buffer along south side 8'multi-use trail along US Hwy 70 Wvs. 5' sidewalk Undisturbed open space within floodplain and common owned areas. Planning Staff recommends approval of CZ-21-03 with the following conditions: 1. 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 regulations with the following deviations: Item SF Min. lots size SF Min. loty width SF Min. front setback SFI Min. Side Setback SFI Min Rear Setback THI Min. front setback THI Min. Side Setback THI Min Rear Setback Max. Bldg. Height Street Sidewalks R-8CZ 4,829 sq. ft. (11ac.) 421 feet 201 feet 5feet 201 feet 201 feet Ofeet 10f feet 50f feet (3 story apartments) 27' wide back-to-back with 5 utility strips and sidewalks onb both sides of the street. 2s sides ofe each street and an 8 trail along US Hwy 70 6201 Multi-family storage Spaces Storage may be included in garage units and be available for rent. Not shown onl Master Plan. 2. Thatt the public streeta att the south end oft the subdivision terminate with 96' diameter cul-de-sac Town of Smithfield Planning Board, ati its July 1, 2021, meeting, unanimously voted to recommend approval of CZ-21-03 with staff recommendations and additional Planning Board initiated conditions 1. Decorative street lighting and decorative street signs be provided by the development 2. Provide an additional 10 feet of right-of-way on streets that serve as entrances into the development for the accommodation ofl landscaped medians to be installed by the developer 3. Provide subdivision signs madei from robust material with landscaping equal tot the area oft the 4. Provide a completel landscape plans showing one understory tree per residential lott tol be planted 5. Landscape buffers ont the north and south ends oft the development shall be 100f foot wide with 6. AIII land held in common ownership thati is adjacent toa a public right-of-way: shall be planted with ar minimum of2 shadet trees per 100f feetl lineari feet ofr road frontage. These trees shall be plated adjacent to and outside oft the publicr right-of-way ands shall ber maintained by the HOA. 7. Public right-of-way servingt the townhouse portion oft the development be declared a nop parking Planning Director Stephen Wensman has incorporated his entire record and provided itt tot the Council Councilman Barbour stated he was concerned about backyards being visible from Highway 70. He questioned if there was any type of barrier between the highway and the backyards. Mr. Wensman responded that he had not seen a berm design or landscape design and he felt the developer could better respondt tot the question. Mr. Wensmans statedt thata ay well-designed berm withl landscaping could achieve ag goods screen and block views. This was also a recommended condition. Mayor Moore statedt there were severals subdivisions that have berms andi theyl look worse thani ifthere had been no berms because they are not being maintained. Mr. Wensman responded since this was a recommended condition, during the preliminary plat, the Council has the opportunity to scrutinize the landscaping plan and accept it, reject it or table it until they comply with the Council's Councilman Scott questioned ifthe walking trail would! bei int ther right-of-way because this couldi impact Mark. Ashness of Carolina Land Group explained that the company develops a plan for the area and thent theys sell thosel lotst toa a regional home! builder. The apartments will be! built and held by the entity. Mr. Ashness stated his firm was fixated on the land use plan whicht the northern part can have up to four units to the acre, predominantly single-family homes. The bottom third portion of the land is medium density whichs stated you can have upt to8 8 units per acre. Apartments andi town homes would work welli in that area. For the apartments, there will be a solid waste collection with a compactor unit. With regardt tot thel bermo onH Highway 70, Mr. Ashness stated the 50' width was adequate fori installation oft the 8 multi-use tail system along the right-of-way leaving over 40' for the construction oft the berm. Theb berm ont thes souths side oft the project would be widers sincet there are single-family homes already Mr. Ashness stated his firm was comfortable with all the recommendations made by the Planning Councilman Scott stated one of the conditions of approval made by the Planning Board was the prohibition of parking in front of the townhomes. Mr. Ashness responded there will be accessory parking approximate to any dwelling. He further statedt they werel happy to ensure that there would be atl least two spaces in the single car garage locations and there would be satellite parking spaces. Mayor Moore questioned ifthe apartments would! be maintained by the group. Mr. Ashness responded everything within the development would be a part oft the HOA, but the apartments would also have Councilman Barbour questioned thet two properties that wouldr remain zoned B-3 and ifthere were any bulbs tor meet Fire Code. ofapproval: throughout the site. and maintained bet the HOA. sign ata all entrances into the development. adjacentt to and outside oft the public right-of-way. planted berms. zone. inv written form int the August 3, 2021 agenda packet. Mayor Moore asked ift there were any questions from Council. recommendations. the size oft thel berm. there. Board. There would ber no ons street parking allowed. their own association. 6202 plans for those properties. Mr. Ashness responded it would be dependent on the community needs and was not part of this project. Councilman Barbour questioned if the homeowners would be responsible for maintaining their lawns. Mr. Ashness responded the singe-family homeowners would Mayor Moore expressed concerns about parking because without adequate parking, people will park on the streets. Since the proposal includes narrow streets, on street parking would create a major problem. Mr. Ashness responded that it was their goal to make overflow parking proximate to the Mayor Moore expressed concerns about the width of the roadway throughout the development. He explained there had been al loto of discussion from emergency personnel concerning the narrow road. Mr. Ashness responded that while he understood the concern, the narrower streets tended to slow down traffici int the development which was ar more pedestrian oriented approach. He further explained that this plan showed the minimum requirements, but everything would not be done att the minimum Mr. Wensman statedt that during the discussion he heardt two additional conditions related to parking. One condition offered by the developer to was to have two-car garages on the end units of the townhomes. The other condition was satellite parking spaces would be no more than two building Councilman Scott questioned ifit would be appropriate tot table the discussions to allows staff to work Mayor Moore questioned ift the developer had design specifications for the exterior oft the homes and townhomes. Typically, the builders willu use vinyls siding. Councilman Scotto questionedi ifthe developers Mayor Moore askedi ifthere was anyone in attendance who wished tos speak ont the matter. There was maintain theirl lawns. The townhomes would have common maintenance. dwellings sot there wasn't ani issue with on street parking. level. away from any individual unit. with the developer on concerns expressed by the Council. would consider requiring hardieb boards siding or 25% stone siding. no onei in attendance that wished tos speak on the matter. Councilman Wood made a motion, seconded by Councilman Barbour, to close the public Councilman Wood made ar motion, seconded by Councilman Barbour, to table this item 2.5 spaces with satellite parking being no more than two grouping of townhomes hearing. Unanimously approved. until the September meeting) with thei following additional conditions: Townhomes: end units would have two-car garages Defined locations of mailbox kiosks and garbage receptacles 25% stonef façade ors siding othert than vinyl siding Compliance with all Planning Board recommendations away Details of building materials Physically show trailsidewalks Detail ofb berma and landscape development. Detail of collector roads and division of the different types ofr roads throughout the Unanimously approved 2. Conditional Zoning Request: American Leadership Academy (ALA). Johnston Charter School (CZ-21-04): The applicant is requesting conditional rezoning of a 47.78-acre parcel ofl landi fromi thel LI (Light Industrial)zoning: districtt tot the OI CZ (Office Institutional Conditional Zoning) districti for the construction of a charter school. The property consideredi for approval isl located oni the east side of US Highway 701 Business' West approximately 230f feet north of Cloverdale Drive and further identified Johnston County Taxl ID# 17J08004 Councilman Barbour made a motion, seconded by Councilman Rabil, to open the public Planning Director Stephen Wensman explained Johnston CD, LLC (Jim Way) was requesting a conditional rezoning of 48.783 acres from Light Industrial to Office/Institutional Conditional Zone to construct American Leadership Academy Johnston, a K-12 charter school. The site was currently usedf for agriculture. The site gently slopesf from US7 70 Business Westt tot the eastt tot the Poplar Branch. Thef floodway and flood: zones oft the Poplar Branch extend about 145' from the eastern property line. The industrial property tot the northi is buffered from the site by existing trees. There was an existing Mr. Wensman explained conditional: zoningy was ar rezoning with a master plan. The conditional: zoning process allows a give and take approach toz zoning regulations. Int this case, the ALA. Johnston charter school is not requesting any deviations from the underlying Office/Insttutional. zoning district The property falls within the WS-IV-PA (Protected Area Watershed Overlay District) which imposes hearing. Unanimously approved. tree line betweeni the farmi field and the Whitley Heights subdivision. regulations. 6203 some additional stormwater regulations on the property. The development as a charter school will have less impervious than most residential or other non-residential development and will not have an Thes sketch plan- diagram shows al looped driveway with two access driveways onto US 70 Business West. The plans show two school buildings, an elementary school, and a high school. Each school iss showni tol havei its own play arealgreenspace: area and drop offa areas. The schools share a common parking lot located south of the schools, a looped drive around the site and a shared bus drop- off/service area. The plans show al large stadium area and stormwater management: areas tot the east oft the schools. Thep plans are still inap preliminary sketch plan phase ands subject to change, however, Thep proposed development willl havet two driveway accesses onto US 70 Business West. An NCDOT driveway permit will be required for both driveways. The northerly drive will be for ingress and the southerly driveway will be for egress. A TIA is underway to determine required upgrades to the The: sketch plani identifies al large parking area to the south oft the future school site that will service both the Elementary School and High School. Two smaller parking lots ares shown providing additional impact ont the proposal. the basic elements are all shown. highway. parking fori the children's playlgreenspace and a stadium. Allr required setbacks will be complied with. A5' wide public sidewalk will ber required along the US 70 Business Westr right-of-way. The sketch plans conceptually identify a Type AI buffer to the north and a Type BI buffert to the south. The current plan was to serve the site with town water and sewer utilities with ar master meters on a Two stormwater basins are shown on the east side oft the site. Stormwater management is required. Planning Staff andt the Planning Boardr recommend: approval of CZ-21-04 with 1 condition: A15' streety yard willl be required along US 70E Business West. No accessory buildings were identified att thist time. county lines. 1. interest. That the site plans/construction plans be submitted for review in accordance with the Town's Unified Development Ordinance, with as statement declaring the request consistent with the Town of Smithfield Comprehensive Growth Management Plan and other adopted plans, and that the request is reasonable and in the public Planning Director Stephen Wensman has incorporated his entire record and provided ittot the Council Councilman Barbour questioned ifannexationi into the Town could! ber made asa condition of approval. Town Attorney Bob Spence explained that this wasi in Wilson's Mills Fire District, and he would speak Mayor Moore expressed some concerns about traffic backing up on Highway 70. David Powlen with Little Diversified. Architectural Consulting stated! his traffic engineer had had multiple discussions with NCDOT. They have their own set ofr requirements for charter schools which are more stringent than thosef for public schools. Mr. Powlen explained the Upper School has been rotated sot thatt traffic could bec circulatedt through thes site. As part of NCDOT's requirements, wel havet tot file ai trafficr management plan of how allt this is going to work on campus, how that circulation is going to work, which vehicles are usingy whiche efforts ands sof forth, to get on and offt the site. We are alsoi int the process of completing Councilman Barbour questioned ift the school would be built and ready for students starting the next school year. Mr. Powlen stated everything would be constructed att the same time. The lower school would be kindergarten through seventh grade and the upper school would be eight grade through Councilman Barbour questioned thet total enrollment. Mr. Powlen responded total enrollment would be 1950. Education standard would be the same and electives and sports would be based on student Mayor Moore askedi ift therev was anyone in attendance who wishedt to speak ont the matter. There was Councilman Scott made a motion, seconded by Councilman Wood, to close the public hearing. Councilman Scott made a motion, seconded by Councilman Barbour, to approve zoning map 1. That site plans/construction plans be submitted for review in accordance with the inv written form int the August 3, 2021 agenda packet. Mayor Moore askedi ifthere were any questions from Council. with them about this property. atraffic study. twelfth grade. interest. no one in attendance that wished tos speak ont this matter. Unanimously approved. amendment CZ-21-04, with 2 conditions 6204 Town's Unified Development Ordinance. 2. The property is voluntarily annexed into the Town of Smithfield finding is consistent with the Town of Smithfield Comprehensive Growth Management Plan as tobe and other adopted plans, and that the amendment is reasonable and in the public interest. 3. Rezoning Request: Ronda Miller (RZ-21-01): The applicant was requesting to rezone a portion of two parcels of land totaling approximately .64 acres from the B-3 (Highway Entrance Business): zoning districtt tot the R-20A Residenta-Agncutura), zoning district." The properties considered for approval are located on the southwest side of the Hill Road approximately 2301 feet southeast ofi itsi intersection with US Highway 70 Business East. The properties are further identified as a portion of Johnston County Tax Unanimously approved. D#15L11051and15L11051D. Councilman Barbour made a motion, seconded by Councilman Wood to open the public hearing. Unanimously approved. Planning Director Stephen Wensman explained Ronda Miller was requesting the rezoning of two properties consisting of Tract2 (3.58a acres) and Tract3(6.579: acres)f from B-3toR-20A. He explained the parcels, Tract 2 and Tract 3, are split zoned between the B-3 and R-20A. The applicant was planning to construct detached single-family homes on each lot and would like the properties to be zoned R-20A. The applicant also owns Tract 1 with al B-3: zoning and wouldl like to retain the existing zoning designation. She intends to use the property for an agriculture related retail business. The Comprehensive Growth Management Plan guides these properties for Rural Residential, including Tract 1 (not part oft this application). The rezoning is consistent with the comprehensive plan. Planning Staff and the Planning Board recommend approval of RZ-21-01 with a statement declaring the request consistent with the Town of Smithfield Comprenensive Growth Management Plan and other adopted plans, and that the amendment is reasonable and int the public interest. Planning Director Stephen) Wensman has incorporated his entire record and provided ittot the Council Councilman Scott questioned how many homes would be constructed ont the two lots. Mr. Wensman Mayor Moore askedi ifthere was anyone in attendance who wished tos speak ont the matter. There was Councilman Barbour made ar motion, seconded by Councilman Stevens, to close the public Councilman Barbour made a motion, seconded by Councilman Wood, to approve zoning map amendment, RZ-21-01, findingi ito consistent with the Town of Smithfield Comprehensive Growth Management Plan and other adopted plans, and that the amendment is reasonable and in the inv written formi int the August3 3, 2021 agenda packet. Mayor Moore askedi ift there were any questions from Council. responded one house per lot would be constructed. noo one ina attendance that wished to speak ont this matter. hearing. Unanimously approved. publici interest. Unanimously approved. Town Clerk Shannan! Parrisha administered affirmations tot thoset that wishedi to offert testimony duringt the Public 4. S-21-02 Spring Branch Commons: The applicant is seeking approval ofa1 10-lot residential subdivision on property located within an R-8 CZ (Residential Conditional Zoning) district. The property considered for approval is located on the southeast side of the intersection of South Sixth Street and East. Johnston Street. The property is further identified as Johnston Hearings. County Tax ID#15026060. Councilman Barbour made a motion, seconded by Councilman Stevens, to opent the public hearing. Unanimously approved. Planning Director Stephen Wensman testified that TerraEden Landscape and Design, LLC, was requesting 10-lot detached single-family residential preliminary plat ofa1 1.21-acre parcel int the R-8 CZ district. The applicant had the property rezoned to R8-CZ on May 4, 2021, with a master plan for a 10-detached single-family residential subdivision. The preliminary plat was consistent with the approved master plan. The only difference ist the platr nows shows that accessory structure ont thel back The Planning Department and! Planning Board recommended approval with the following conditions: 1. Thatt the driveway aprons be constructed ina accordance with the Town's Standard Specifications 2. That concrete pads for trash bins be shown on the master plan and construction plans. 3. Thatt the valley curb int the public right-of-way be replaced with B6-12 curb. 4. Thatt the Homeowner's Association ber responsible fori fences andl landscaping. 5. Thats subdivision construction plans bes submitted ina accordance with the standards ofthel Unified fort the water heater. and Details. 6205 Development Ordinance for Town Staff approval. STAFF'S OPINION ON THE FINDINGS OFFACT Mr. Wensman reviewed staffs opinion oft the findings. They are asf follows: 1. Thep plani is consistent with the adopted plans and policies oft the town. 2. The plan complies with all applicable requirements oft this ordinance and the R-8 Conditional 4. The plan will not be detrimental to the use or development of adjacent properties or other Planning! Director Stephen) Wensman! has incorporated his entire recorda and provided ittoi the Council Mayor Moore asked the applicant if he agreed with the testimony provided by Mr. Wensman and if he had additional testimony to offer. Paul Embler of 11 Kentwood Drive agreed with the testimony Mayor Moore asked ift there was in attendance that was duly sworn in who wished tot testify on the Zoning District. 3. Therei is adequate infrastructure. neighborhood uses. inv written form int the August 3, 2021 agenda packet. Mayor Moore askedi ifthere were any questions from Council. There were none. offered by Mr. Wensman. matter. There was no onei in attendance that wished tot testify ont this matter. Councilman Barbour made a motion, seconded by Councilman Wood, to close the public Councilman Barbour made a motion, seconded by Councilman Wood, to approve the Spring Branch Commons Preliminary Plat, S-21-02, with 5-conditions based ont the finding hearing. Unanimously approved. off facti for preliminary subdivisions. Unanimously approved. Councilmembers Comments: Councilman Barbour expressed his appreciation to Town staff for all their efforts with the drone Councilman Lee expressed concerns about a property at 306 Martin Luther King, Jr, Drive. He Councilman Scotte expressed his appreciation to everyone for their condolences after the passing of Mayor Moore stated he was pleased that the DSDC was goingt to conduct two more Third StrEATery program. explained itwas ane eyesore andi it needed to be addressed. his grandmother. events. These events have been very well attended. Town Manager's Report: Town Manager Michael Scott gave al brief update tot the Council on the following items: The Fire Chiefs search has beenr narrowed tot thef finalt two candidates. These candidates will participate inar meet and greet with the Town on August 12th at6 6:30 to 8:30 pm on Thursday, August 12thi int the Council Chambers. The public is invited to attend and meet the final candidates. Any input anyone would care tos share ont the candidates can! be completed by calling 919-989-1077 ore emailing the Town Ap public hearing ont the proposed Pedestrian Transportation Plan is scheduled for Wednesday, August NCDOT has a planned road closure for 301 South between Holt Lake Barbeque and The DMVL License Plate Office starting Monday, August 9th, weather permitting. The planned repairs to 301 South are estimatedi tol last7t to 100 dayst though this schedule could bel less ifall goes well. Traffic will be detoured Manager atr mihsalisadmitesacmn 11th from 2:301 to 3:30 pmi in the Council Chambers. onto I-95 between via exits 90 and 93 duringt these repairs. Closed Session Pursuant to NCGS 143-318.11 (a)( (6) Councilman Barbour made a motion, seconded by Councilman Wood, to enter into Closed Session pursuant Councilman Stevens made a motion, seconded by Councilman Wood, tor reconvene in Open Session. tot the aforementioned: statute. Unanimously approved ata approximately 10:56 pm Reconvene in Open Session Unanimously approved at approximately 11:19 pm. No action was taken by the Council following the Closed Session 6206 Adjourn Being nof further business, Councilman Scottr made a motion, seconded by Councilman Wood, to adjourn the meeting. Unanimously approved. The meeting adjourned ata approximately 11:20 pm. OFSMITAR fhbfo "M. Andy Iyoore, Mayor Mocikar Shannanl L. Parrish, Town'Clerk