August 12, 2019 Stallings Town Hall 315 Stallings Road Stallings, NC 28104 704-821-8557 www.stalingsnc.org Action Requested/Next Step  Stallings  Time 7:00 p.m. Invocation  Item  Presenter Wyatt Dunn, NA Mayor Wyatt Dunn, NA Mayor  Pledge of Allegiance Call the Meeting to Order  7:05 p.m. Public Comment 1. 7:15 p.m. Consent Agenda  Wyatt Dunn, Approve Consent Agenda.  A. Minutes from the following meetings: Mayor  (Alli items ont the Consent Agenda are consideredi routine, tol be enacted by one motion. Ifar membero oft the governing body requests discussion ond ofani item, the item will ber removed) fromt the Consent Agenda and considered: separately.) Motion: Imake the motion to: 1) Approve the Consent Agenda as presented; or 2) Approve the Consent Agenda with thej following changes:  (1) 07-08-19- special (2) 07-08-19 (3) 07-08-19-closed  2. 7:17 p.m. Reports  Council and Staff  NA  A. Report from Mayor Committees Departments  B. Report from Council Members/Town Report from Town Manager/Town  3. 7:40 p.m. Agenda Approval  Wyatt Dunn, Approve agenda as written.  Mayor  (ADD, IFAPPLICABLE: with changesas described by Mayor Dunn) Motion: Imake the motion to: 1) Approve the Agenda as presented; or 2) Approve the Agenda with thej following changes:    4. 7:45 p.m. DA19.02.01 - Orissa Holdings, Matthews  Lynne Hair,  Approve (deny) development Motion: Imake the motion to approve (deny) DA19.02.01- - Orissa Holdings, Matthews Indian Trail Road Townhomes.  Indian Trail Road Townhomes Development. Agreement, foras 92-unit townhome project located at 2933 Matthews Indian Trail Road in tax parcels #07102028A, #07102029, and #07102030. The subject 8.16-acre tract is zoned MU-2 and located within the Monroe Bypass Small Area Plan. A. Open Public Hearing B. Information from Stall Close Public Hearing D. Council Vote  Town Planner agreement.  5. 8:15 p.m. Development Ordinance improvement 6. 8:35 p.m. Idlewild Road - DOT Concepts 7. 8:45 p.m. Annexation 53 - Chestnut Lane  Alex Sewell, Town Manager Alex Sewell, Town Manager Alex Sewell,  Discussion and Possible Action  Process (Birt, Romanow, Martin) Recommendation  Approve the resolution Motion: Imake the motion to approve the Resolution Directing the Clerk, to. Investigate al Petition Received under N.C.G.S. 160A-31. Approve (deny) contract. Motion: Imake the motion to approve (deny) the contract with Destination by Design, for Gateway Signage; Greenway and Park Signage; Small Area Plan Website Update. Discussion and Possible Action Approve (deny) amendment. Motion: Imake the motion to Amendment. Discussion and Possible Action  Resolution Directing the Clerk to Investigate Town Manager  aA Petition Received under N.C.G.S. 160A-31  8. 8:50 p.m. Town Contract- Gateway Signage; Greenway Alex Sewell,  and Park Signage; Small Area Plan Website  Town Manager  Update  9. 9:00 p.m. Pipe Installation Back of Fairway #2, Emerald Alex Sewell,  Lake (Martin)  Town Manager Kolleen Code  10. 9:10 p.m. Amendment to Chapter 93.01 (1)  Abatement of Unsanitary and Unsafe Conditions adding Dickinson, language that would make itt the responsibility of the property owner to maintain the area of their property  Enforcement approve (deny) Chapter 93.01(1)  that is within the right-ofway  11. 9:20 p.m. Resolution Opposing High Density Housing By Alex Sewell,  Union County on Municipal Borders (Paxton) Town Manager  12. 9:30 p.m. Adjournment    Agenda Item # 1.A.(2)  MINUTES OFASPECIAL TOWNO COUNCILI MEETING TOWN OF STALLINGS, NORTH CAROLINA  OF THE  The Town Council of the Town of Stallings met for a special meeting on July 8, 2019, at 5:00 p.m. at the Stallings Town Hall, 315 Stallings Road, Stallings, North Carolina. This was aj joint meeting of the  Town Council and Planning Board.  Those present were: Mayor Wyatt Dunn; Mayor Pro Tempore John Martin, Lynda Paxton, Deborah Romanow, and Shawna Those absent were: Council Member Billy Birt, Jr. Those present from the Planning Board were: David Hudson, Bob Koehler, Allen Taylor, and Jacqueline Wilson Staff present were: Alex Sewell, Town  Council Members  Crenshaw, Jack  A  Manager; ErmNichol.Deputy Town Mnager/Town  Clerk; David Furr, Planning Technician; and Melanie Cox, TownAttorney  1. Call the Meeting to Order Mayor Dunn called the meeting to order, 2. Development AgreémentProcess  Mayor Dunn notedTown Manager Sewell's mêmore reviewing the Council's decisions up to that point regarding thel DevelopmentAgrg-iment process and' offered potential solutions to improvement the process. Town Managersewel's memoisattachedor these minutes and therefore incorporated herein. Cound/Members debated the different components of the Development Agreement Process and the limitâtionsofthel Development Ordinance. Four main issues had emerged and were: summarized by  Town Manager Sewell:  The inablityt to deny a multi-family project without a commercial component. The extensiyp'amount of time/resources needed to process a DA and whether is makes School impact information and how it can be used in making zoning decisions.  Public not@atgr/particpation requirements.  sense for smaller projects.  Council held consensus to make "stand alone" multi-family a conditional zoning in the MU1, MU2, and TC districts requiring Council approval of a conditional zoning (which would require a community meeting). However, if the project had 25% of square footage commercial use then it would be allowed under the current zoning ordinance and use the current Development Agreement process.  12894  July8,2019    Planning Board. Member Crenshaw left the meeting at 6:24 p.m.  Council discussed the public notification and participation requirement. Itl held consensus to keep the notification mailings be increase the distance to 500 ft. within county limits withi first class mail; continued use of the Enquirer-Journal for legal ads; and use website and social media sites for  notifications.  Council requested involvement earlier in process and information about any projects right away.  3. Adjournment  Council Member Scholl moved to adjourn the meeting, seconded by Counglember Romanow,  and the motion received unanimous support. The meétingwas adjourned at 6:50 p.m  Approved on  2019.  Wyatt Dunn, Mayor Approved as to formr Cox Law Firm,RLLC  Erinn E. Nichols, Town Clerk  12895  July 8,2019    Agenda Item # 1A12)  MINUTES OF TOWN COUNCIL MEETING TOWN OF STALLINGS, NORTH CAROLINA  OF THE  The Town Council oft the Town of Stallings met fori its regular meeting on. July 8, 2019, at 7:00 p.m. Those present were: Mayor Wyatt Dunn; Mayor Pro Tempore David Scholl; Council Members  at the Stallings Town Hall, 315S Stallings Road, Stallings, North Carolina. John Martin, Lynda Paxton, Deborah Romanow, and Shawna Steele. Those absent were: Council Member Billy Birt, Jr. Staff present were: Alex Sewell, Town Manager; Erinn Clerk; David Furr, Planning Technician; Chris Easterly, Town  Manager/Town Town Attorney.  Invocation, Pledge of Allegiance and  Mayor Wyatt Dunn welcomed everyone toi the meetingarideiered the invécation. He then led  the Pledge of Allegiance and called the meeting too order.  A  Public Comments  Bob Ragon, 5000Cinnamon, liked the dsapioppdinginaipnt special meeting that was prior to this meeting. Ini the ComprehensvVeland Use Plan' (CLUP), page 239, single family detached housing served about 35-40% of the population. MrRagon felt thatyasa a wrong statistic. He said the plan talked about missing middle housingybuthet felt nothing being built/addressed the middle housing. Mr. Ragon quoted the Census Department whichsaid thehome ownershipyate was 64% in the U.S. with the rental vacancy rate at 7%. He also stated that o/enegluesip.nge family houses sO therefore apartments were not the desiredplacerolyew Mr. Ragonsaid: apartmènts had 50% turnover every' year. Mr. Ragon asked the Council tokeep those typeofstatisicsin mind when making decisions. He asked the Council research  the inforpatoncarefuly.  - -  1. Approvalof Consent Agenda Items A. Minutesoft the following meetings: (1) 05-13-19 (2) 05-13-19-elosed (3) 05-28-19-emergency (4) 05-28-19-closed (5) 06-03-19-special (6) 06-10-19 (7) 06-10-19-C closed (8) 06-24-19  Council Member Romanow made the motion to approve the Consent Agenda Items as presented.  The motion was seconded by Council Member Steele which passed unanimously by Council.  12901  July 8, 2019    2. Reports  A. Report from the Mayor Mayor Dunn had no report.  B.! Reports from Council Members/Town Committees  Council Member Paxon stated that it had come to her attention that other Council Members had communicated among themselves and to other citizens that she had at financial interest in the Solis site which they felt had influenced her decision on the site. She stated she had been transparent and had presented offers to two different developers for the site in May and. Junen-2018. The asking price for the property was too high for each developer. Both developers made offérswhich were rejected by Union Power. Council Member Paxton stated she did not learn of the Sdlproje.dntlanuary, 2019 and had informed Mr. Pappas of each of those previous offers. Whenailt the commerc.alcoponents were removed from the project and the traffic studies, Ms. Paxtonv was noti int favor of theproject. She stated  that her decision of the project had nothing to do with anypersond/hinapcial: gain.  Ms. Paxton also reported that at the, CRTPO meeting, theOld Monroe Road Projecti financing was discussed as Indian Trail had removed its $10mllion.funding of theproject,There was no decision made at  -  the meeting as to how to proceed without the  -  Council Members Marin-Remanow, Scholl,endSteelel no reports.  f  C. Report from TownMandrer/Iown. Departments  Chris Easterly,Town tmeagplaalepaindi on the Idlewild Road widening project. He reminded theCouncil thatonJuly 25 atPoplin Elementary School, there would be an open house hosted by NCDOT.Theproject would beasik-lanemedian divided corridor from Barney Drive to Rockwell Drive  with traditional andMichigan-lertiptersections and a diversion diamond.  Council held consensus toformally submit comments to NCDOT on this project, approving of the diversion diamond but nothe-Michigan-left intersections. At Stevens Mills and Idlewild, Council requested  atraditional intersection With its second choice of a round-about.  Council Member Paxton would try to get the topic on the TCC committee agenda.  3. Agenda Approval  Council Member Romanow made the motion to approve the Agenda as presented. The motion was  passed unanimously by Council after a second from Council Member Paxton.  12902  July y8,2019    4. Annexation 52-A Arant/Northeast Tool  Mayor Dunn opened the public hearing. No one was present to speak on the public hearing  concerning the topic. Mayor Dunn closed the public hearing.  Deputy Town Manager Nichols explained this was a voluntaryannexation which resulted from an Council Member Romanow made the motion to approve the Ordinance Approving Annexation. 52-  expansion and rezoning on the property. The acreage was approximately 12.3 acres.  Arant/Northeast Tool. The motion received a second from Council Memberschgll and passed unanimously. The Ordinance Approving Annexation 52 -Aront/Aozsnloois: attached to these minutes  and therefore incorporated herein.  5. Development Agreement Process  Clerk's Note: This discussion was a continuation of the discussionfrom!  meetingoft the Town Council  and  Board  pppigspeciain  Stallings Planning  on. July 8, 2019at5 5p.m.  Discussion continued on the DeveoprentAgrement Processasi Mayor Dunn continued to review Town Manager Sewell's memo offering potenti2lsdlutonsitonstoimprovebet four main issues needing  attention:  The inability odenyamutt-famiy project without a commercial component. The extensiveamgunt ghtime/esoure-peded to process a DA and whether it makes Schoolimpact information and howit can be used in making zoning decisions. Counci.discussed the possibility ofexpânding the DA Subcommittee toi include a community and  Public Otcarom/partcpaton requirements.  sense for smallerprojects.  Planning Board-Member or usingthe entife Council for the DA Subcommittee. Council held the consensus to have standing5p.p." meeting prior to the second Council Meeting of the month for the DA Subcommittee. The DASubçommittee would remain ini its current structure, but it would have the prerogative to invite community members to the discussion as it sawi fit per project.  This item would be placed on the August meeting agenda for Council to continue discussing. Council agreed that it could not change the school districting process or issues. Town Manager Sewell would summarize the changes/consensus for discussion at the Council's next regular meeting in August.  12903  July8,2019    6. Settlement Agreement and Release in 19 CVS445 Stallings V. Phoenix Land Surveying Town Attorney Cox explained that Phoenix Land Surveying had agreed to pay the Town of Stallings $5000. Once the check was received, the Town could then take a dismissal in Union County  Superior Court.  Council Member Steele made the motion to approve the Settlement Agreement and Release in 19 CVS445 Stallings V. Phoenix Land Surveying. The motion passed unanimously by Council aftera  second from Council Member Romanow.  7. Closed Session Pursuant to NCG514331811013 Council Member Steele made the motion to into closeds  NCGS1 143-  6 session pursuant to  go  318.11(a)(3) and to invite Sgt. Steve Brown into the session: The Council would discuss Town of Stallings V.Loukos 18 CVS 769 and Courtyards at WeaingtonpbaDhctalv. Town of Stallings 19CVS 1841. The  motion was passed unanimously after as second from CounciMerber Romanow.  Council went into closed session at approvimately8:38 p.m. andreçônvened. in open. session at  approximately 9:28 p.m.  8. Adjournment  Council Member Steele.novedioadjoum the meeting, seconded by Council Member Romanow,  and the motion edpedunanimouisuppolt-hcpetting was adjourned at 9:29 p.m.  Approved on  2019.  Wyatt Dunn, Mayor Approved as to form: Cox Law Firm, PLLC  Erinn E. Nichols, Town Clerk  12904  July8,2019    Agenda Item #. 4  MEMO  To: RE:  Town Council Date: August 6,2019 DA19.02.01  From: Lynne Hair, Planning and Zoning Administrator  Attached please find a copy oft the final Development Agreement document for Orissa Holdings a townhome project located on Matthews-Indian Trail Road at Scott Clark Toyota. The public hearing for this item will bel held Monday night, this is the final step in the Development Agreement process and staffi is seeking approval oft the document. The Planning Board voted to recommend approval oft the DA at their April 16, 2019  meeting.  Town of Stallings - Telephone 704-821-8557 - Fax" 704-821-6841 - www.stallingsnc.org    8    077 S9NIO7 70HV VSSINO gNRS ON"C OONOINA' S9NITIVISIONMOL (OV6SH B)avow TVHL MMGN! SM3HLIVW EE6Z  aar NVIdH HOI3MS SJWOHNMOI S9NITTVIS    STATE OF NORTH CAROLINA COUNTY OF UNION  DEVELOPMENT AGREEMENT  This Development Agreement (the "Agreement") is made and entered into this collectively referred to as "Developer"), and the Town of Stallings, a North Carolina municipal  day of  2019 (the Effective Date") by and among Orissa Holdings (hereinafter  corporation ("Town").  STATEMENT OF PURPOSE  1.  Section 160A-400.20a)() of the North Carolina General Statutes provides that "large- scale development projects often occur in multiple phases extending over a period of years,  requiring a long-term commitment of both public and private resources."  2.  Section 160A-400.20(a)0) oft the North Carolina General Statutes provides that "because of their scale and duration, such large-scale projects often require careful integration between public capital facilities planning, financing, and construction schedules and the phasing of the  private development." .  3.  Section 60A-400.20a)(4) oft the North Carolina General Statutes provides that "because oft their scale and duration, such large-scale projects involve substantial commitments of private capital by developers, which developers are usually unwilling to risk without sufficient assurances that development standards will remain stable through the extended period ofdevelopment." Section 160A-400.20(a)5) oft the North Carolina General Statutes provides that "because of their size and duration, such developments often permit communities and developers to experiment with different or nontraditional. types of development concepts and standards, while  4.  still managing impacts on1 the surrounding areas."  5.  Section 160A-400.20a)6) ofthe North Carolina General Statutes provides that "to better structure and manage development approvals for such large-scale developments and ensure their proper integration into local capital facilities programs, local governments need the flexibility in  negotiating such developments."  6. 7.  Section 160A-400.23 provides that a local government may enter into a development Inv view oft the foregoing, Sections 160A-400.20(b) and 160A-400.22 ofthel North Carolina General Statutes expressly authorize local governments and agencies to enter into development agreements with developers pursuant to the procedures and requirements of Sections 160A-400.20 through 160A-400.32 ofthe North Carolina General Statutes, which procedures and requirements include approval oft the development agreement by the governing body oft the local government by  agreement with a developer for the development of"developable property ofany size."  ordinance after a duly noticed public hearing.    BACKGROUND  1. Orissa Holdings is the owner of an approximately 8.16-acre parcel ofland located at 2933 Matthews Indian Trail Road in in Stallings, Union County, North Carolina that is designated as Parcel Numbers 07102028A, 07102029, and 07102030 on the Union County Tax Maps (the "Property")- The Property is more particularly depicted on Exhibit A, a metes and bounds legal description oft the property, attached hereto and incorporated herein by reference.  2.  On November 27, 2017, the Town adopted the Town of Stallings Comprehensive Land Use Plan (the "Land Use Plan"). The Land Use Plan contains, among other things, small area plans for three key areas within the Town's corporate limits, one of which is the Monroe Bypass corridor. The Monroe Bypass Corridor Small Area Plan (the "Small Area Plan") provides land use recommendations and guiding principles fort the development oft the parcels of land within the area subject to the Small Area Plan. The Property is located within the area subject to the Small  Area Plan. 3. 4.  Among other things, the Small Area Plan recommends single family attached homes, Developer desires to develop no more than 92 attached townhome units on the Property (the "Project") in accordance with the terms of this Agreement, the Concept Plan, attached as Exhibit B (defined below) and the Town of Stallings Development Ordinance (the "Ordinance")  multi-family residential uses and commercial uses on the Property.  that will contain single family attached dwelling units.  Accordingly, Developer and the Town desire to enteri into this Agreement for the purposes ofcoordinating the construction ofinfrastructure that will serve the Project and the community at large and providing assurances to Developer and its successors in interest that Developer may proceed with the development of the Project in accordance with the terms of this Agreement and the approvals set forth herein without encountering future changes in ordinances, regulations or policies that would affect Developer's ability to develop the Project under the terms of this  Agreement.  TERMS  NOW, THEREFORE, based upon the terms and conditions set forth herein and in consideration oft the mutual promises and assurances provided herein, the parties do hereby agree  as follows: 1.  Public Hearing. Pursuant to Section 160A-400.24 oft the North Carolina General Statutes, procedures set out in N.C.G.S. S 160A-364, and it approved the subsequent execution of this  the Town Council conducted a public hearing on  2019 in accordance with the  Agreement by the Town on  2019.  2.  Permitted Uses/Maximum Density. The Property is located in and may be devoted to the uses permitted in the MU-2 zoning district. For purposes ofthis Agreement, the property is limited to development of not more than 92 attached townhome units. A Concept Site plan is attached  hereto as Exhibit B and incorporated by reference.    3.  Development ofthe Property. The Property may be developed in accordance with the site development plan, which shall be submitted to, and is subject to the approval oft the Development Administrator, the associated permits, and the applicable provisions of the Development  Ordinance and the terms of this Agreement. following transportation requirements.  4.  Transportation Improvements. The development of the Property shall comply with the Vehicular access shall be as generally depicted on the Concept Plan. The placement and configuration oft the access points are subject to any minor modifications required to accommodate final site and construction plans and designs and to any adjustments required for approval by the As depicted on the Concept Plan, the Property will be served by internal public streets and internal private alleys, and adjustments to the locations ofthei internal public streets and the internal private alleys shall be allowed during the construction permitting process upon the approval of the Internal Street A, B, and E will comply with requirements of the "Neighborhood Street 2" cross section as identified in the Stallings Small Area Plan Thoroughfare Maps. (Exhibit B) Internal Street D and C will comply with requirements of the Neighborhood Street 3" cross section as identified in the Stallings Small Area Plan Thoroughfare Maps. (Exhibit C) That portion ofMatthews Indian Trail Road fronting the project will comply with requirements of the "Main Street 2" cross section off street improvements identified in the Stallings Small Area Right of Way easements will be provided for Street A, B and E to allow for future extension of  Town and/or the North Carolina Department ofTransportation.  Development Administrator and the Town Engineer.  Plan Thoroughfare Maps. (Exhibit D)  these roads when the adjacent property is developed. (Exhibit E)  5.  Streetscape Treatment.  The streetscape treatment along the Property's public street frontages shall comply with the requirements of the Ordinance. Developer shall install a stamped concrete crosswalk at the intersection of Street A and the first alley on the left at the entrance, (to be shown on the final  Concept Plan) and on the alleyway that is in front of the park. A cross section of the park area alley ways is depicted on Exhibit F  Decorative streetlights will be installed on the public streets on the Property. The decorative streetlights to be installed on the public streets on the Property shall be the decorative streetlights depicted on Exhibit G attached hereto or another type of decorative streetlight approved by the  Development Administrator.    6.  Greenway and Open Space.  Open space shown on the Concept Plan to be constructed on the Property shall comply with the  open space requirements oft the Ordinance.  7.  Architectural standards  Height, lot dimensions and densities are established by this Agreement and the Ordinance. Additional architectural requirements for the buildings containing single family attached dwelling units will meet the minimum standards established by Article 9.3 oft the Development Ordinance  and the Developer agrees to the following additional standards:  Proposed architectural standards - Matthews Indian Trail Townhome Project  1. Stoops, balconies, porches, and bay windows may encroach within front and corner side setbacks. No elements, including steps, shall project over the property line at the ground 2. Fences, garden walls, and hedges may be built on property lines or as a continuation of building walls. Maximum height 4 feet at street frontage, 8 feet at interior side and rear. 4. Ar minimum of18 inches of the base of the building wall shall be clad in brick or stone. 5. Exterior walls shall be finished in cementitious siding, stucco, brick or stone or 6. Walls may be built of no more than two materials and shall only change material along a horizontal line, typically at a floor line or a gable end, with the heavier material below 7. Chimneys shall be finished with brick, stone or stucco and shall be ai minimum 2:1 proportion in plan and capped to conceal spark arresters. Fireplace enclosures and 8. Porches, columns, posts, spindles, balusters shall be made ofwood or vinyl. Porches may be enclosed with glass or screen ofar maximum of30% of their length. 9. Stoops will be made ofwood, brick or concrete. Ifconcrete, a stoop will have brick, 10. Decks shall be located in rear yards only and shall be painted or stained.  level.  3. Porches will be covered and have a minimum depth of 5 feet.  combinations oft the foregoing.  the lighter.  chimneys shall extend to the ground.  stone or stucco foundation walls.    11. The following shall bel located in rear yards only provided they are not visible from the  fronting street or a public right of way: a) HVAC equipment b) Utility meters c) Satellite dishes d) Pérmanent grills e) Permanent play equipment f) Hot tubs  HVAC. and utility meters may bel located in a side yard ifs screened from view and no closer than 5 feet from side property lines and installed pert the utility companies' 12. Wood elements must be painted or stained with an opaque or semi-solid stain, except 13. Roofs shall be clad in corrugated 5v crimp or standing seam galvanized steel, galvaline, or copper, asphaltic or fiberglass shingles shall be architectural grade. 14. Interior ceilings will have a minimum height of9 on the first floor ofai multi-story 15. Eaves which overhang less than 8" shall be closed soffit. Eaves which overhang more than 16' shall have exposed rafters. Eaves which overhang 8' and 16' shall have eithera closed soffit or exposed rafters. Rafter tails may not exceed 8" in depth. 16. Doors shall be clad or made of wood, glass, fiberglass or steel. Doors shall be painted or 17. Bay windows shall be made oft trim lumber with corner trim no less than 5.5". 18. Shutters shall be use high grade vinyl wood look or a smooth look such as Fypon or Mid- 19. Front doors, including the entry door to the porch on a side yard shall bel located on the 20. Garage doors on each unit shall be carriage style garage door and the garage door will 21. End units on lots 1,5,6and 16 shall have broken/enhanced gables. End units on lots 25 and 26 shall have broken/enhanced gables and enhanced landscaping to include monument walls. End units on lots 73,82 and 83 shall have enhanced landscaping. Law in Effect at the Time oft the Agreement Governs the Development of the Project. The laws, land development regulations and ordinances applicable to the development of the Project are those in force as of the date oft this Agreement. Accordingly, Developer and its successors in interest shall have a vested right to develop the Project in accordance with the Concept Plan, the termsofthis Agreement and the terms ofthe Ordinance and any applicable laws, land development regulations and ordinances as they exist as of the date hereof during the entire term of this Agreement. Pursuant to N.C.G.S. $ 160A-400.26 and except as provided in N.C.G.S. S 160A- 385.1(e), the Town may not apply subsequently adopted laws or amended laws, land development regulations, ordinances or development policies to the Project or to the Property during the term of this Agreement without the written consent of Developer or its successors in interest. Additionally, no future impact fees shall apply to the Project or to the Property without the written consent of Developer or its successors in interest. This Agreement does not abrogate any rights  guidelines  walking surfaçes may be left natural.  townhome unit.  stained.  American high-quality shutters.  frontage line. contain hardware.  8.    preserved by N.C.G.S. S 160A-385 or N.C.G.S. $ 160A-385.1, or that may vest pursuant to  common law or otherwise in the absence oft this Agreement.  9.  Term. The term oft this Agreement shall commence on the Effective Date and shall expire ofthe parties hereto or theirs successors ini interest, or unless extended by the mutual consent ofthe 10. Local Development Permits. In accordance with N.C.G.S. $ 160A-400.25(6), the following is a description or list of the local development permits approved or needed to be  five (5)years thereafter on  unless sooner terminated by the mutual consent  parties hereto or their successors in interest.  approved for the development ofthe Project:  (a) Erosion and Sediment Control Permit (Union County).  (b) Water Extension Permit (NCDENR). (c) Sewer Extension Permit (NCDENR). (d) NCDOT Encroachment Permit. (e) NCDOT Entrance Permit. (f) Zoning Permits. (g) Building Permits.  All other local, state or federal permits required for the Project.  The failure ofthis Agreement to address aj particular permit, condition, term or restriction doesnot relieve Developer of the necessity of complying with the law governing the local permitting 11. Public Facilities. The following public facilities will serve the Project: Public Sewer and 12. Sewer and Water Lines. Developer, at its sole cost and expense, shall engineer, design, permit, construct and install the water and sewer lines to be located within the Project (the "Internal Water and Sewer Lines"). The Internal Water and Sewer Lines shall be engineered, designed, constructed and installed in accordance with all applicable federal, state and local laws, regulations, ordinances and policies. The Internal Water and Sewer Lines shall be transferred to Union County for ownership and maintenance after they have been constructed and installed. 13. Amendment. The terms ofthis Agreement: may be amended by the mutual consent of the parties hereto or their successors in interest. A major modification ofthe terms ofthis Agreement shall follow the same procedures as required for the initial approval of this Agreement. A minor amendment to the Concept Plan approved by the Town of Stallings Development Administrator  requirements, conditions, terms or restrictions.  Public Water.  shall not be considered to an amendment to this Agreement.    14. Recordation/Binding Effect. Within fourteen (14) days after the Town enters into this Agreement, Developer shall record. this Agreement in the Union County Public Registry. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure  to, all successors in interest to the parties hereto.  15. Periodic Review.  Pursuant to N.C.G.S. $ 160A-400.27, the Development Administrator or other Town Manager designee shall conduct a periodic review, (the "Periodic Review") at least every 12 months, at which time Developer shall be required to demonstrate good faith compliance with the terms of If, as ai result ofthel Periodic Review, the Town finds and determines that Developer has committed ar material breach of the terms or conditions of the Agreement, the Town shall serve notice in writing, within a reasonable time after the Periodic Review, upon Developer setting forth with reasonable particularity the nature of the breach and the evidence supporting the finding and determination, and providing Developer ai reasonable time in which to cure the material breach. If Developer fails to cure the material breach within the time given, then the Town unilaterally may terminate or modify the Agreement; provided, however, that the notice of termination or modification or finding of breach may be appealed to the Board of Adjustment in the manner 16. Default. The failure ofDeveloper ort the Town to comply with the terms ofthis Agreement shall constitute a default, entitling the non-defaulting party to pursue such remedies as allowed under applicable law, provided, however, that no termination of this Agreement may be declared by the Town absent its according to Developer the notice and opportunity to cure set out in N.C.G.S. $ 160A-400.27. In addition to any other rights or remedies, either party may institute legal action to cure, correct, or remedy any default or breach, to specifically enforce any covenants ora agreements set forth in the Agreement or to enjoin any threatened or attempted violation oft the Agreement; ort to obtain any remedies consistent with the purpose oft the Agreement. Legal actions shall bei instituted in the Superior Court of the County of Union, State ofNorth Carolina, or in the Federal District Court in the Western District, and the parties hereto submit to the personal jurisdiction of such courts without application of any conflicts of laws provisions of any jurisdiction. Notwithstanding anything contained herein to the contrary, the violation of any rule, policy, regulation, ordinance or law by a homeowner or builder in the Development shall not be considered to be an event of default under this Agreement. That being said, the Town is not waiving its ability or right to enforce the Ordinance or any other Town regulation in accordance 17. Notices. Any notice, demand, request, consent, approval or communication which a signatory party is required to or may give to another signatory party hereunder shall be in writing and shall be delivered or addressed to the other at the address below set forth or to such other address as such party may from time to time direct by written notice given in the manner herein prescribed, and such notice or communication shall be deemed to have been given or made when communicated by personal delivery or by independent courier service or by facsimile ori ifby mail on the fifth (5lh) business day after the deposit thereofi in the United States Mail, postage prepaid,  this Agreement.  provided by N.C.G.S. $ 160A-388(b).  with the terms of the Ordinance or any such regulation.    registered or certified, addressed as hereinafter provided. All notices, demands, requests, consents,  approvals or communications to the Town shall be addressed to:  The Town at: Town of Stallings  clo Town Manager 315 Stallings Road Stallings, North Carolina 28104  Developer at: Orissa Holdings, LLC  clo Ty Matthews 608 Briar Patch Terrace Waxhaw, NC 28173  18. Entire Agreement. This Agreement sets forth, and incorporates by reference all of the agreements, conditions and understandings between the Town and Developer relative to the Property and the Project and there are no promises, agreements, conditions or understandings, oral orv written, expressed ori implied, among these parties relative to the matters addressed herein other 19. Construction. The parties agree that each party and its counsel have reviewed and revised this Agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in thei interpretation ofthis Agreement or any amendments 20. Assignment. Afternotice to the Town, Developer may assign its rights and responsibilities hereunder to subsequent land owners of all or any portion of the Property, provided that no assignment as to a portion of the Property will relieve Developer of responsibility with respect to the remaining portion of the Property owned by Developer without the written consent of the Town. In the event that Developer sells the Property in its entirety and assigns its rights and responsibilities to a subsequent landowner, then Developer shall be relieved ofall ofits covenants, 21. Excluded Property. Notwithstanding anything contained herein to the contrary, the following property that is conveyed by Developer to a third party shall not be subject to or A lot containing a single family attached dwelling unit for which a certificate of occupancy has 22. Governing Law. This Agreement shall be governed by the laws of the State of North 23. Counterparts. This Agreement may be executed in several counterparts, each of which shall be deemed an original, and such counterparts shall constitute one and the same instrument.  than as set forth or as referred to herein.  ore exhibits hereto.  commitments and obligations hereunder.  encumbered or burdened by this Agreement:  been issued. Carolina.    24. Agreement to Cooperate. In the event ofany legal action instituted by ai third party or other governmental entity or official challenging the validity of any provision of this Agreement, the parties hereby agree to cooperate in defending such action; provided, however, each party shall 25. Agreements to Run with the Land. This Agreement shall be recorded in the Union County Registry. The Agreements contained herein shall be deemed to be a lien upon, binding upon and run with the land and shall be binding upon and an obligation of all successors in the ownership 26. Hold Harmless. Developer agrees to and shall hold the Town, its officers, agents, employees, consultants, special counsel and representatives, harmless from liability for damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage which may arise from the direct or indirect operations ofl Developer or their contractors, subcontractors, agents, employees or other persons acting on their behalfwhich relates to the Project. Developer agrees toj pay all costs for the defense of the Town and its officers, agents, employees, consultants, special counsel and representatives regarding any action for damages,just compensation, restitution,judicial or equitablei reliefcaused or alleged to have been caused by reason of Developer's actions in connection with the Project. This hold harmless Agreement applies to all claims for damages, just compensation, restitution, judicial or equitable reliefsuffered or alleged tol have been suffered by reasonofthe events referred to - in this paragraph. The Town may make all reasonable decisions with respect to its Notwithstanding the foregoing, Developer's obligation to indemnify and hold the Town harmless shall not extend to any claims, losses or damages that arise from the acts or omissions ofthe Town and/ori its officers, agents, employees, consultants, special counsel, contractors and representatives as well as any claims, losses or damages to the extent arising from the negligence or willful misconduct of the Town and/or its officers, agents, employees, consultants, special counsel, 27. Severability. Ifany term or provision herein shall be judicially determined to be void or ofno effect, such determination shall not affect the validity ofthe remaining terms and provisions. 28. No Pledge ofTaxing Powerc or Governmental Authority. No provision of this Agreement shall be construed ori interpreted as (1) creating a pledge of faith and credit ofthe' Town within the meaning of any constitutional debt limitation, (2) delegating governmental powers, or (3) a donation or al lending oft the credit ofthe' Town within the meaning ofthe Constitution ofthe State ofl North Carolina. No provision oft this Agreement shall be construed to pledge or to create a lien on any class or source ofTown monies, or operate beyond its intended scope sO as to restrict, to any extend prohibited by law, any future action or right of action on the part of the Town of Stallings Town Council. Tothe extent ofany conflict between this section and any other provision of this Agreement, this section shall take priority. Town has pre-audited this Agreement and the obligations hereunder to ensure compliance with budgetary accounting requirements (ifa any) that may apply. This Agreement is conditioned upon, and shall not be operative until, any required  retain the right to pursue its own independent legal defense.  ofthe Property unless otherwise provided herein.  representation in any legal proceeding.  contractors and representatives.  pre-audited certification is supplied.    29. Authority. Each party represents that it has undertaken all actions necessary for corporate or public approval oft this Agreement, and that the person signing this Agreement has the authority  to bind the Developer or the Town.  [SIGNATURES ON FOLLOWING PAGES]    IN WITNESS WHEREOF, the parties hereby set their hands and seals, effective the date  first above written.  Developer: Orissa Holdings By: Name: Title:  State ofNorth Carolina County of  Icertify that the following persons personally appeared before me this day, each acknowledging  to me that he or she signed the foregoing document:  Date:  Notary Public Signature  Notary Public Printed or' Typed Name My Commission Expires:  Thep parties acknowledget thatl Developer may createasi single-purpose limitedl liability company toholdt titletot thel Property att thet time Developer closes on the purchase oft thel Property and itis contemplated that this Agreement shall be revised to reflect that such entity is Developer ands shall be executed by such single-purpose entitle andi recorded after the deed  into such entity ist recorded.    The Town:  TOWNOFSTALLINGS, al Municipal Corporation  By: Name: Alex Sewell Title: Town Manager  State ofNorth Carolina County of  Icertify that the following persons personally appeared before me this day, each acknowledging  to me that he or she signed the foregoing document:  Date:  Notary Public Signature  Notary Public Printed or Typed Name My Commission Expires:    IIIII  A    IIIII  - e  d0    IIIII  (LD    Agenda Item #. 5   MEMO  To: Town Council, Planning Board From: Alex Sewell, Town Manager  Date: 7/12/19  RE: Development Ordinance Improvement Process  Purpose: This memorandum provides follow-up from the 7/8/19 Town Counci/Planning Board joint meeting regarding the Development Ordinance  improvement process. Background:  The Town requires development agreements ("DA") for certain types of  developments - The current process is as follows: Phase 1- Project Evaluation (Technical Review) Phase 2- - Staff Agreement Negotiations Phase 4-1 Planning Board Review Phase 5 - Council Agreement Negotiations Phase 6-1 Public Hearing/Council Consideration  Phase 3 - Council Sub Committee Agreement Negotiations  Att the 6/10/19 Council meeting, staff made several observations and corresponding recommendations for improving the ficlency/ctectiveness oft the DA process. The Council sought more time to consider the recommendations and asked that it be put on the 6/24/19 agenda. At the 6/24/19 Council meeting, staff presented a memo it had previously  provided and indicated:  .in listening to conversations over the past couple ofmonths, staffy would offer a broader approach is potentially necessary to address concerns raised regarding the development ordinance. 1.)Public notification requirements and whether the Town's 2.)The inability to deny a multifamily project without any 3.)Concerns that mixed-use areas would become all apartments 4.)The lack ofcommunity participation in the DA process; 5.)The amount oftime needed to process a DA, and does it make sense to require for smaller projects;  Specifically concerns raised include:  current standards are inclusive enough; commercial component; without commercial components;    6.)School impact information and how such information can be 7.) Whether it is prudent to require DAs for all uses in zoning  used in making zoning decisions; and  districts.  Staffwould suggest the following: Council concerns;  1.)Use the 6/24/19 Council meeting to confirm the list of 2.)Have staff develop possible changes aimed at addressing concerns to be presented at the 7/8/19 Council meeting; 3.)Att the 7/8/19 Council meeting, the Council would be presented with some possible changes and a Council work session would be scheduled to talk about these potential changes in-depth (possibly 7/10, 7/11, 7/22, or 7/23); and 4.)Following Council's direction after a work session, staffwill draft changes and bring to the Planning Board and the Town  Council for approval.  Atthe 6/24/19 Council meeting, the Town Council discussed concerns and training, opted to schedule a joint meeting with the Planning Board on 7/8/19 to discuss, and directed stafft to bring some potential suggestions to For organizational efficiency, staffhave grouped the conçerns identified  address identified concerns. above into four general categories:  1.)The inability to deny a multi-family project without a commercial  component.  2.) Public otricatonparucpation requirements. 3.)The extensive amount of time/resources needed to process a DA and whether it makes sense for smaller projects. 4.)School impact information and how it can be used in making Ina anticipation of the 7/8/19 meeting, staff presented Council and the Planning Board with possible solutions designed to concerns raised. The potential solutions are based-upon the Council's agreed-upon mutual concerns and are not meant as an exhaustive list of all concerns raised at recent public meetings. Indeed, some concerns raised at recent public meetings appear to be broad disagreements with the overall philosophy of the Town's current land use ordinances and Small Area Plans (i.e. density).  zoning decisions.    Att the 7/8/19 Council meeting', the majority oft the Council clarified that they are still committed to the overall philosophy ofthe Small Area Plans, but that the Council recognizes that any new policy is going to require some, tweaks following initial implementation and therefore are committed to' exploring potential changes to address agreed-upon concerns.  The Council came to a consensus on several items (see list in the section below) but determined several items needed further The Council opted to continue discussion at the 8/12/19 Council  discussion. meeting.  Possiblé Solution Presented and Council Direction from 7/8/19 Meeting: NOTE: The presented possible solutions are in black text below and Council direction from the 7/8/19 Council meeting is indicated in red text. The below is not meant to be an exhaustive recording of all ideas discussed at the meeting. Rather, it is a listing ofareas where there appeared to be a clear definite consensus. However, its should be noted that all issues were not resolved which is why the Council indicated it would continue discussions at the 8/12/19 Council meeting. Follow-up Concerns Category #1 - The inability to deny a multi-family project without a  discussion on unresolved issues is highlighted in yellow.  commercial component.  Make stand-alone" multi-family in the MU1, MU2, and TC districts Require multi-family to include commercial use equivalent to at least 25% ofi multi-family square footage to be a by-right use in the MU1, MU2, and  require Council approval ofa a conditional zoning.  TC districts. Potential Solutions  Make stand-alone" multi-family a conditional use in the MU1, MU2, and TC districts, requiring Council approval of a conditional Require multi-family to include commercial use on ground floor/street level under at least 25ofdevelopment's proposed units to be a by-right use in the MU1, MU2, and TC districts.  zoning;  Pros:  There was a special joint meeting between the Planning Board and Town Council followed by a regular Town Council Meeting. These development issues were  discussed at both meetings.    Council can deny a multi-family project without a commercial component -1 more lexibilityleverage; Addresses concerns that mixed-use areas will have more multi-family than amount envisioned in the Town's adopted Small Area Plans (i.e. mixed-use areas being Will likely undermine the Town's adopted Small Area Plans by decreasing planned densities ifmulti-family is denied in the future where it is called for in the SAPs, and/or if developers choose to build lower density residential rather than an uncertain conditional zoning process (Higher densityi in limited areas is a foundational element to enacting the adopted SAPs vision); Will this ordinance change be able to force the market to bring the desired quality commercial development in the SAPs? Consultant previously advised that Stallings does not currently have the needed densities for the type of quality commercial development envisioned by the SAPs (i.e. need the rooftops first to attract desired Small Area Plans do not envision every single new development within an area being mixed-use. Rather, that the entire area generally be a mix of allowed uses  only multi-family development).  Cons:  commercial);  with certain uses in certain areas.  Concerns Category #2 - Public olricatonpaticpation requirements.  Change ordinance requirements for notification of property owners to 500' within the County. This should be done via first class mail and applies to rezoning and conditional zoning. As part of the typical process (but do not make an ordinance requirement), the Town should put out the notice on  Facebook and send out to the sunshine list.  Potential Solutions  Change ordinance requirements for notification of property owners to 500' within County. This applies to rezoning, conditional zoning;  Pros: Cons:  Wider notification will increase community awareness None other than additional notice cost (postage, etc.).  ofproposed development.  NOTE: Making stand-alone multi-family require conditional zoning under concern #1 would also increase community notification and  potential participation.    Concerns Category #3 - The extensive amount oftime/resources needed toj process  al DA and whether it makes sense to require for smaller projects.  Staff Note: At the 7/5/19 Council meeting, there was not a consensus reached. It was suggested that the DA requirement be for projects 25+ acres instead of 50+ acres. Staff had expressed concern that, with this lower threshold, the continuing the current staffworkload could be unsustainable in the long-term given the extensive amount of time/resources needed to process a DA. After discussing internally, staffrecognize that it is possible that the current heavy workload could be largely driven by subcommittee scheduling difficulties and the initial flood of applications. Ifthat is the case, it is possible that unsustainable workload concerns might not be warranted. As a result, staff would be supportive of changing this DA requirement to 25+ acres. Staffwould suggest that, ifCouncil implements a 25+ acre threshold, that we monitor workload and discuss again if  workload proves unsustainable in the future.  Potential Solutions  Remove the DA requirement for all projects and only require for Increase ordinance requirements for items the Town was asking for through the DA process, SO the Town is getting the same result (like developer installing greenway per the adopted Greenway Plan?).  projects of 50+ acres;  Pros:  The DA process has proven to be a larger-than- anticipated resource commitment would be a more efficient use of resources by prioritizing resources on large-scale projects such as Atrium Hospital; Helps address the current backlog of applications. Less opportunity to ask for voluntary improvements from developer although this can at least in part be addressed by increasing ordinance requirements.  Cons:  Concerns Category #4 - School impact information and how it can be used in  making zoning decisions.  Council opted to not add a school impact study requirement.  Potential Solutions  Add school impact study for rezoning and conditional zoning requests. Could be added to Article 5.4-4 Conditional Zoning  Application Procedures. Pros:  2Staff believe we can require develops toi install Greenway Trails but this requirement more explicit will help  ensure there are no challenges.    Will allow the Council to consider school impact information in making some zoning decisions. The Town can't stop regional residential development permanently, sO ifschool overcrowding is an issue then it will continue until addressed by the relevant entities or growth patterns change (not a panacea).  Cons:  NOTE: The school impact study consultant commonly used by developers through Indian Trail's requirement typically costs between $3,500 to $5,500 depending on complexity and timing.  Miscellaneous Suggestions  Council opted to not change the subcommittee participants to the entire Town Council (but Council members may invite community members such Council opted to have subcommittee meetings automatically scheduled for 5 PM prior to regular Council meetings as project needs dictate (subcommittee members will schedule additional meetings as warranted). Traffic Impact Analysis (TIA) Ordinance update ordinance to clarify that the Town controls timing of required mitigation improvements; Change participation of required DA subcommittee to full Town Council; Automatically schedule the full DA Town Council meetings (previously subcommittee meetings) at 51 PM prior to regular Council meetings.  as HOA representatives as they deem appropriate);  Next Steps: The Council opted to continue discussions on outstanding items at the 8/12/19 Council meeting. Ifa consensus is reached, then Council could direct staff to draft the text of the approved consensus solutions, or any other action deemed appropriate by Council. Ifa consensus is not reached, then another work session could be scheduled, or any other action deemed appropriate by the Council.    Agenda Item #. (o  MEMO  To: Town Council Date: 7/24/19  From: Alex Sewell, Town Manager  RE: U-4913 Idlewild Road Widening Idlewild Work Team Recommendation Purpose: This memorandum provides background on the ongoing dialogue regarding NCDOT TIP Project U-4913 (Idlewild Road Widening) and provides a recommendation from the Town's Project Work Team regarding the alternative concepts that NCDOT has provided. With the DOT public open house scheduled for 7/25/19, staff wanted Council to be aware of this information.  Background:  The N.C. Department ofTransportation ("DOT") and Town of Stallings have been engaged in an ongoing dialogue regarding U-4913 over the past year. One ofthe Town's primary underlying concerns is that some ofthe proposals for the corridor would be antithetical and even destructive to the An Idlewild Work Team was established consisting ofthe Council Member Paxton, Town Manager Alex Sewell, Planning Director Lynne Hair, Town Engineer Chris Easterly, Planning Consultant Demetri Batches, and Traffic Engineer Consultant Randy Goddard. This Idlewild Work Team has been the primary working body for evaluating DOT's proposals and providing Recently, DOT shared two U-4913 conceptual design maps. These maps will be part ofthe feedback conversation at the upcoming 7/25/19 DOT Atthe 7/8/19 Council meeting, the Council provided direction on what the Council agreed and disagreed with regarding DOT's design maps. The Council directed staffto file these concerns with DOT directly and through a Charlotte Regional Transportation Planning Organization (CRTPO) process. This communication is enclosed at the bottom ofthis document.  Town's already adopted land use plans for the area.  recommendations to the Town Council on the topic.  public open house with local officials and the public.    Update:  In addition to the DOT design maps that are the subject ofthe upcoming DOT input session on 7/25/19, the DOT provided the Town with additional alternative design concepts from DOT's Mobility and Safety Division in On7 7/23/19, the Town Work Team met to evaluate the additional design concepts presented by DOT with the goal of providing a recommendation  Raleigh.  for the Town Council's consideration.  Recommendation: The Idlewild Town Work Team believes the one-pair concept would be a better fit (for accomplishing the Town's adopted land use vision for the area) than previous concepts ifbuilt with the following recommendations:  Non more than 3 lanes max (includes 2 through and one turn/transit lane) on The lane width would not exceed 10 feet for through lanes and 12 feet for  each ofthe pairs; any turn/transit lane;  The Harris Teeter intersection would remain full access;  The Stevens Mill/Idlewild Road intersection is a traditional full-access  intersection;  An attractive streetscape including: Landscaping including trees;  Non-highway signage - more suburban/urban signage; Lighting - mast arm poles or other decorative;  Multi-use path along the north side of the pair with planting strip; The distance between pairs is a minimum of 450 feet between each Ability to connect every 350 to 400 feet to allow for block  Spacing:  other to allow for development;  connectivity.    Stallings  July 16, 2019  RE: Project U-4913 (Idlewild Road Corridor)  Dear DOT and CRTPO Officials,  On behalf oft the Stallings Town Council, lwrite today regarding TIP Project U-4913. As you know, this Project involves improvements to the Idlewild Road corridor partlyl located within the Town of Stallings. For over the past year, DOT andi the Town of Stallings have been engaged in an ongoing dialogue regarding U-4913. The Town of Stallings is appreciative of DOT's. willingness to have a dialogue and wants to express our respect and appreciation to our local DOT officials. Both DOT and the Town of Stallings believe that transportation improvements are greatly needed in this area. Recently, our DOT colleagues have shared several U-4913 conceptual designs. These designs will be part of the feedback conversation at an upcoming 7/25/19 DOT publici input session. The Town supports  several aspects of these conceptual designs including:  1.) The Town supports the diverging diamond interchange conceptual configuration. As you know, the diverging diamond design is unusual int thati it requires traffic to briefly drive on the non- typical opposite side of the road. While there willl likely be some growing pains as unfamiliar motorists become accustomed to this design, the Town believes this design will ultimately benefit our community's transportation network by improving efficiency oft the interchange. 2.). The Town supports the dual lane roundabout at the realigned Stallings Road and Hooks Road While emphasizing our respect for our DOT colleagues and areas of mutual agreement, the Town of Stallings has deep concerns about certain aspects of the proposed U-4913 conceptual designs. Indeed, certain aspects oft the U-4913 concept designs are antithetical and even destructive to the Town's The Town spent years and hundreds of thousands of dollars overhauling our community's development plans including the adopted Idlewild Road Corridor Small Area Plan. The Idlewild Road Corridor Small Area Plan envisions an integrated development supported by uses that are typical for markets within  intersection.  already adopted Idlewild Road Corridor Small Area Plan.    metropolitan areas having similar accessibility and locational contexts. Thei intent oft the Idlewild Road Corridor Small Area Plani is to capture and orient these uses to support not only regional needs sustained by the auto-oriented access provided by I-485, but to also create a critical mass that enables the creation ofj jobs, fosters a good proportion of retail servicing local needs, and integrates these options in close proximity. The concept designs for U-4913 essentially installs an ever-expanding highwayi in the middle of our already adopted mixed-use plan. This will be destructive tot the Town's  adopted vision fori the Idlewild Road Corridor. The Town's concerns are generally described as follows:  1.) The Mengan-et/superstret concept design for the Stevens Mills Road and Idlewild Road intersection is antithetical to the Town's adopted plan. The Town would request that the intersection of Stevens Mill Road and Idlewild Road be a traditional full-access intersection. Ifa traditional full-access intersection is not possible, the Town would also find a roundabout for 2.) As previously indicated, the Town would be willing to accept going from a 4-lane to a6 6-lane section for this corridor if done in accordance with the enclosed cross section. 3.) The Town would eventually likei for there to be a 14' multi-way path on the northeastern/non- shopping center side of Idlewild Road. Much oft this areal is undeveloped and so the Town wants developers to cover the cost of installing this 14' multi-way path as those particular properties develop and not taxpayers. As a result, the Town is not committing to pay for any sidewalk betterments but requests that DOTI leave enough space for sidewalks to be done in accordance with the enclosed cross-section. This way developers willi fund these improvements as  this intersection acceptable.  development happens and not taxpayers.  The Town Council has instructed Towns staff to file our concerns with DOT and also through the CRTPO  process.  Sincerely,  Mayor Wyatt Dunn Town of Stallings  CC:  Robert Cook, CRTPO Neil Burke, CRTPO Scott Cole, NCDOT Sean Epperson, NCDOT Alex Sewell, Town of Stallings Chris Easterly, Town of Stallings    U-4913, Idlewild Road, Stallings, NC Additional Design Concepts from Joe Hummer Mobility and Safety Division July 1,2019  Introduction  On. June 20 Sean Epperson of Division 10 asked me tol look at U-4913, whichi is the project toi improve Idlewild Road in Stallings. He asked me to focus on the corridor from I-4851 to the east, especially the intersection with the substantial cross street at Stevens Mill Road. The project team has generated and analyzed ar number of alternatives to this point (including four-lane and six lane cross sections, traditional intersections, and reduced conflict intersections) but has not found a concept that satisfies all stakeholders. The Town has adopted a small-area plan for this area, shown in Figure 1, that calls for very intense mixed- use development- essentially a new downtown cluster with great walkability--and its seems that the none oft the design concepts analyzed sof far with sufficient capacity fit with their vision. My objective was tol look for other design concepts that provide sufficient capacity and might better fit with the: small-area plan.  Concepts  lused the 2040 Build-Revised peak hour volumes developed by AECOM (Figure 14i in their May 2019 traffic analysis report) in my work. Those peak hour volumes assumed that half oft the development shown in the: small-area plan was built and operating by 2040. One look at those volumes, with peak hour demands well over 2000 vphpl in the peak direction on Idlewild Road at Stevens Mill, is sufficienti tos see that Idlewild must have three through lanes in each direction to satisfy capacity standards in 2040. Having established that, Is searched for at-grade intersection solutions for as six-lane arterial meeting as substantial cross street. Itis too bad that the Town is rejecting reduced conflict intersection (RCI) solutions, because they are tailor made for this spot, providing great capacity, great progression, and great pedestrian crossing opportunities. RCIs are also the safest intersection concept in this space, as demonstrated by recent research for FHWA. However, with RCIs apparently off thet table, my search continued. leventually found two options that might work in this corridor with sufficient capacity and the potential fora downtown feel, including a one-way pair and a quadrant roadway intersection (QRI). Figure 2s shows the one-way pair concept. Each direction ofl Idlewild would have three through lanes. Eastbound Idlewild traffic would stay on the current roadway, while westbound Idlewild traffic would use anewr roadway shown inred. The interchange at 1-485 would become a split diamond, which should operate well. The one-way pair could begin at the curve on Idlewild east of Stevens Mill and end at the proposed roundabout at Stallings Road west of 1-485. Figure 2 also shows a new road connecting the existing Harris-Teeter  development to the new westbound Idlewild roadway.    2  Figure 1. Small-area plan for Idlewild Road.    3  Figure 2. One-way pair concept.  The one-way pair concept would have many advantages over at traditional roadway in this setting. Capacities are generally higher ati intersections on one-way streets because there are fewer conflict points and fewer signal phases and we expect those intersections to be safer as well for those same reasons. The cross-section on each roadway would be narrower than a traditional arterial, making crossing much easier for pedestrians and bicycles. Division 10 could achieve great signal progression eastbound and westbound at all times of the day with the one-way pair because the eastbound signals would be independent of the westbound signals. The great progression would allow great speed control-the Division would bet free tos set progression speeds in conjunction with Town officials at whatever level was appropriate. The Division, Town, and future developers could also install future signals on the one-way streets just about anywhere with much greater confidence that they would not substantially impact traffic operations as compared to at two-way arterial in which a signal att the wrong place would guarantee poor progression. The small-area plan showed as street parallel to Idlewild to the north in the location of the red line in Figure 2 anyway, SO the proposed one-way westbound street would bei in keeping with the plan in that sense. The new westbound street looks like itcould be built with a minimum of residential and business takings, likely without impacting the church att the corner of Idlewild and Stevens Mill. The new westbound street, and the new bridge over I-485, could be built with a minimum of disruption to existing The one-way pair concept has two major drawbacks thatl I know of. One is the additional cost tot the Department. The Department willr need to buy more right-of-way and install more sidewalks, drainage, etc. with this concept than simply widening an existing arterial. We need a good cost estimate to see the extent The second drawback Iknow ofi is the perception among some planners that one-way streets are not fitting for downtown areas. Indeed, many cities and towns around NC and the US have converted one-way pairs  traffic flow on -485 or Idlewild Road.  oft this disadvantage.    4  tot two-way streets in the past thirty years. However, this trend should not be overstated. The vast majority ofs such conversions have been on low-demand collector and local streets-places where one-way pairs were needed for traffic efficiency at some point in the past but the demand shifted and the need evaporated. In most downtown areas where there is an arterial that mustr move larger demands efficiently one-way pairs are still functioning well and do not detract from a downtown setting. Uptown Charlotte isa a great example of course, as is downtown Raleigh, DC, Manhattan, etc. The need to move large traffic demands through downtown areas has, in fact, led to al bit ofa a resurgence in the one-way pair concept in California and other western states thanks tor noted "New Urbanist" Peter Calthorpe. Figure 3: shows a relatively new' "town center intersection" of two one-way pairs he created in San Marcos, CA where two arterials meet ata a place the town would like to develop as a new downtown. On thet flip side, new downtown-like developments can be stifled by a wide arterial bisecting the area; North Hills in Raleigh is a great example of such a place where as six-lane arterial creates an almost impossible barrier for pedestrians and bicycles trying to get from one half of thel high-rise cluster tot the other. Most downtowns with arterials  feature one-way pairs that meet the needs of all road users well.  Figure 3. Town center intersection concept in San Marcos, CA.  The second concept thatr might be worth analyzing in this case is a QRI. Figure 4 shows a QRIi in Huntersville, NC. QRIs reroute some or all oft the left turn maneuvers tot the connector road. For U-49131 would start by considering rerouting alli four left turns to a connector road in the northeast quadrant which  wouldi interfere with the heart of the: small-area plan as little as possible.    5   214 Google  Figure 4. QRI in Huntersville.  AQRI concept should provide several advantages in this case. A QRI generally has the second-best capacity of any at-grade intersection design, behind the continuous flow intersection (which is not a design fitting for a downtown area) but better than RCI concepts and much better than traditional intersection designs. AQRI is also pedestrian-friendly and bicycle-friendly, as the main ands secondary intersections are narrower and have fewer signal phases than at traditional intersection. In fact, a QRI serves 40 of the 48 pedestrian movements ata ani intersection better than at traditional intersection. Ifthe connector roadway for the QRI is located in the northeast quadrant oft the Idlewild at Stevens Milli intersection aerial photos appear to: show available right-of-way with minimal relocations, again hopefully behind the existing church without impacting it too badly. The connector road could also be built with a minimum of disruption to the AC QRI would also have several disadvantages in this case. The QRI does not appear tot fit with the Town's small-area plan as well ast the one-way pair concept. In addition, the QRI secondary intersections should remain have just three legs, not four as shown in Figure 4, SO any collector streets west of Stevens Mill would have tol be offset from the QRI connector road. The QRI does not provide great signal progression like the one-way pair, SO signal spacing along Idlewild Road would! be of great concern to the Division in the future. Int fact, like ai traditional signal atl Idlewild and Stevens Mill, a QRI would provide poor progression in conjunction with the signals already in place along Idlewild. From Stevens Mill along Idlewild to the west, it is 22001 feet to the signal att the Harris Teeter and then 1600 feet from that signal to the eastern signal at I- 485. As Table 1 shows, these are awkward signal spacings with only the one highlighted combination providing decentt two-way progression through those signals. All other combinations of speed and cycle  existing roadways.    6  length would provide relatively poor signal progression along Idlewild with either at traditional intersection or  a QRI in place at Stevens Mill.  Table 1. Limits of good signal progression. Simultaneous progression  Alternate progression 1170 1410 1640 1880 2110 1470 1760 2050 2350 2640 1760 2110 2460 2820 3170 2200 2640 3080 3520 3960 No progression possible No progression possible No progression possible No progression possible 5280  Speed, mph Cycle, sec Low limit,f ft High limit, ft Low limit, ft High limit, ft  25 30 35 40 45 25 30 35 40 45 25 30 35 40 45 25 30 35 40 45 25 30 35 40 45  80 80 80 80 80 100 100 100 100 100 120 120 120 120 120 150 150 150 150 150 200 200 200 200 200  0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0  290 350 410 470 530 370 440 510 590 660 440 530 620 700 790 550 660 770 880 990 730 880 1030 1170 1320  1760 2110 2460 2820 3170 2200 2640 3080 3520 3960 2640 2640 3700 3960 4750 2640 2640 3960 3960 5280  5280  Method  lused the critical lane method to analyze the alternatives at Idlewild and Stevens Mill. The critical lane method is an old, well-known, and software independent way to examine signals. Itis the basis for common traffic analysis packages like CAP-X and' VJUST. The critical lane method makes many assumptions about operations and driver behavior, including even lane distributions, that may not hold up infi final design but that are appropriate for preliminary stages when details are unknown. lanalyzed the traditional intersection, the one-way pair, and the QRI at Idlewild and Stevens Mill. Idid not analyze the interchange at I-485 because choosing a QRI at Stevens Mill would likely not change any improvements at I-485 and because the split diamond shown with the one-way pairi in Figure 2 would likely work very well. As noted, lused the 2040 build demands revised to consider half of the small-area plan development    7  (Figure 14 in the AECOM traffic analysis from May 2019). lalso used the AECOM lanes (Figure 18) as much as possible. The laneslassumed for each alternative are shown ins sketches attached to thel back of The critical lane method produces a volume-to-capacity (vic)r ratio for the entire intersection. The usual standard for vlc ratios is 0.85. A vlc of0.85 corresponds roughly to al level of service D. Achieving a vic of 0.85 or lower int the peak periods in the design year means that fluctuations in travel demand year-to-year, day-to-day, or even minute-to-minute within the peak hour will not cause unacceptable queuing at the  this report.  intersection of interest. Results  Table 2 shows the results ofr my analysis. The traditional design produced a vlc ratio of 0.90 in the pm peak hour, which is typically not acceptable. By contrast, the one-way pair design produced vic ratios which topped out at 0.79 and the quadrant produced v/c ratios which peaked at0.75. These levels are in keeping with ap priori expectations oft these concept. Ini terms of roadway capacity, and likely delay, the one-way pair and quadrant designs with the lanes shown att the end oft this report could handle the  projected traffic demands very well.  Table 2. VIC estimates.  Design concept Junction Traditional One-way pair Quadrant  AMV VIC 0.82 0.72 0.59 0.70 0.42 0.67  PMV VIC 0.90 0.79 0.76 0.75 0.62 0.64  Main North South Main North East  Recommendation  Based on the U-4913 documentation Ihave seen, thel RCI alternatives do a great job ofr meeting project objectives, sO Ifavor them and urge their construction. However, if the RCI alternatives proves infeasible due to negative perceptions by the Town, my recommendation is to move forward with a thorough analysis of the one-way pair and QRI altematives. The one-way pair and QRI appear to provide sufficient capacity and might fit the Town's small-area plan quite well. The keys to thei thorough analysis needed would be a look at costs, at the Town's perceptions, and at overall travel time, as the QRI option in particular requires longer travel distances that could negate some capacity and delay advantages. Ift the travel times look good, the costs are not tool high, and the Town thinks the alternative could give them the downtown atmosphere they seek, either the one-way pair or the QRI could be ag good choice in this case.    8  Lanes Assumed, Traditional  J44uL  : -  ttr    9  Lanes Assumed, One-Way Pair  tt  J4444  tt  444L  ittr  11    10  Lanes Assumed, Quadrant  1  446  JLL  -  ttr  14    Agenda Item # '7  Resolution Directing the Clerk to Investigate a Petition Received under N.C.G.S. 160A-31  Stallings  WHEREAS, a petition requesting annexation of an area described in said petition (Parcel No.: 07147135) on Idlewild Road was received on August 2, 2019 by the Town of Stallings; and WHEREAS, G.S. 160A-31 provides that the sufficiency of the petition shall be investigated by the WHEREAS, the Town Council of the Town of Stallings deems it advisable to proceed in response  Town Clerk before further annexation proceedings may take. place; and  to this request for annexation;  NOW, THEREFORE, BE ITI RESOLVED by the Town Council of the Town of Stallings that: The Town Clerk is hereby directed to investigate the sufficiency of the above described petition and to certify as soon as possible to the Town Council the result of her investigation.  Approved this the 12th day of August, 2019.  Wyatt Dunn, Mayor  Attest:  Erinn E. Nichols, Town Clerk Approved as to form: Cox Law Firm, PLLC    Agerla Item # 8  MEMO  To: Date: 8/7/19 RE:  Town Council  From: Alex Sewell, Town Manager  Gateway Signage Concept Design, Greenway/Park Signage Construction Documents,  and SAP Website Update  Purpose: This memorandum provides background and information regarding the request toa award the contract for: 1) creation of engineering specification for greenway signage; 2) conceptual design oft town monument identification signage; 3) design and creation of engineering specifications for Stallings Municipal Park monument identification signage and; 4) website update toi include newly adopted Downtown, Chestnut and CEM Small Area  Plans and the Connect Stallings Greenway and Park Master Plan.  Background:  The Town of Stallings' Comprehensive Land Use Plan (CLUP) indicates that one of the enhancement or gateways, or entrance points, to the Town of Stallingsalong with various signage willl help accomplish the objective ofe enhancing the Town's The CLUP Steering Committee established and mapped locations for both primary The adopted Stallings Connect: Recreation & Greenway Master Plan, includes design The Town is requiring developers toi install the adopted signage when greenway The Vickery Trail is being engineered by the Town and will possibly begin construction soon pending Council approval. Signage will need to be posted as a To ensure that greenway signage is consistent Town-wide and meets uniform size, design, location and safety requirements, the Town needs specifications that can be Stallings Municipal Park: signage needs improvement and we need a uniform Coordinated design and engineering specifications are needed SO these signs can be The Town Council previously directed that staff develop an attractive aesthetic online website portal to display the Town's adopted Small Area Plans. The Town worked with Destination by Design to develop this web presence for the Small Area Since thei implementation of the Small Area Plan website, the Town adopted three new: Small Area Plans; 1) Downtown/0ld Monroe; 2) Chestnut; and 3) CEM. An update oft the Planning and Zoning homepage is needed SO that current Small  identity.  and secondary gateways. for greenway trail signage.  trails are built as a part oft their projects.  part oft this project.  provided to developers when installing. template for signage at other Town parks.  located and built.  Plans.  Area Plan information is accessible.  Town of Stallings . Telephone 704-821-8557 - Fax 704-821-6841 - www.stalingsncorg    Destination by Design created the approved Parks and Greenway Master Plan as  well as the conceptual greenway signage package.  Update:  The Town's goal of placing monument signage has been on hold for several years awaiting the completion oft the Monroe Bypass. Creation ofc conceptual design for these signs isi included ini this contract. Engmneeringspecintations for these signs is recommend being included in next fiscal years budget (2020-2021). To ensure that we are prepared as projects begin to come online and ensure consistent greenway signage, it will be important that we provide developers with our sign specifications. Two developments that include greenway trails and signage have been approved byt the Town (Idlewild Mixed Use and Solis @ Chestnut Farms) and Atrium Hospital, although this project is not yet approved, has agreed toi install Stallings Parki identification signage has been put on hold until the Park and Greenway Master Plans was complete. We are now able to create this signage. Now that all Small Area Plans are complete and adopted by Town Council iti is important that we update our webpage to reflect all currentinformation. Funding for these projects was approved in the 2019-2020 budget.  greenway trails per the Town'ss specifications.  Recommendation: Approve the contract with Destination by Design. This will include the  following:  Engineered construction documents for: Greenway Gateway Sign Breakaway Signage Trailhead ID Map Kiosk Confidence Marker  Stallings Municipal Park Entrance Sign Municipal Gateway Sign Conceptual Design  Stallings Small Area Plan and Recreation and Greenway Plan' Website Updates The Town previously issued a Request for Qualifications for design services under the CONNECT Stallings Recreation & Greenway Master Plan. Asy you know, the evaluation committee unanimously concluded that Destination by Design is the best qualified firm. This firm is familiar with the project and will be able to create aj package that is line with adopted plan goals. Incorporating monument sign concept design and park identification signage furthers the economic advantage oft the proposal and ensures compatibility with Our current Small Area Plan webpage was created by and is hosted by Destination by Design. Allowing them to make the necessary updates will ensure design compatibilityand  the greenway sign package.  consistency.  Town of Stallings . Telephone 704-821-8557 - Fax 704-821-6841 - www.stallingsncorg    B6Y6S     S -    Land  Usel -  POITERROA  e    V  2 S  enuesID sbuers    STATE OF NORTH CAROLINA COUNTY OF UNION  Purchase order #  MASTER SERVICES CONTRACT for Implementation of Town Adopted Plans  THIS CONTRACT is entered into this the day of  2019 , by and  between, Destination by Design Planning, LLC (the "Contractor"), and the Town of Stallings, a  municipal corporation oft the State of North Carolina, (the "Town");  WITNESSETH:  The Town and the Contractor, for the consideration stated herein, agree as follows:  1.SCOPE OF SERVICES.  A. Signage Construction Documents. The Contractor agrees to develop engineered construction documents in accordance with the conceptual signage plan identified within the Connect Stallings Greenway and Park Master Plan Small Area Plan (page 50). Specifically, construction documents shall be prepared for the following signs:  i. Greenway Gateway Sign ii. Break-away iii. Trailhead ID iv. Map Kiosk V. Confidence Marker  vi. Stallings Municipal Park Entrance Sign  B. Municipal Gateway Sign Design. DbD will work with town officials to develop a conceptual design for gateway signage into the' Town of Stallings. This will include multiple concepts and revisions to obtain consensus among staff and council. C. Stallings Small Area Plan Website Updates. The Contractor agrees to update the Stallingsplans.com website to reflect all final small area plans and the recreation and  greenway plans adopted by the Town.  D. Contractor shall not perform any work that is clearly beyond the "Scope of Services" unless and until such work has been expressly authorized in writing by the Town of  Stallings.  Revision date 5/1/2019    2. TIME OF COMMENCEMENT AND COMPLETION.  A. Contractor shall commence the work required in this contract effective immediately after the date of execution oft this Contract, and the Contractor shall complete the Scope of  Services no later than  March 31, 2019  (date).  3. CONSIDERATION AND PAYMENT OF SERVICES.  A. In consideration oft the above services A and B, the Town agrees to pay the Contractora lump sum fee of $25,000. In consideration of the above serviçes C, the Town agrees to B. Contractor's compensation for work shall be made upon certified billing and progress reports to be made monthly to the Town by Contractors for work performed during the preceding month, with payment to be made within thirty (30) days from receipt of such billing. A 20% deposit shall bej paid within thirty (30) days of contract execution. C.I Ifany items in any invoices submitted by the Contractor are disputed by the' Town in good faith or for any reason, including lack of reasonable supporting documentation, the Town shall temporarily delete the item(s) and shall promptly notify the Contractor oft the dispute and request clarification and/or remedial action. After the dispute has been settled, the Contractor shall include the disputed item on a subsequent regularly invoice or on a special invoice for the disputed item only. The undisputed portion oft the invoices D. The Contractor assumes full responsibility for the payment ofa all assessments, payroll taxes, or contributions, whether State or Federal, as to all Contractor's employees engaged in the performance of work under this contract. In addition, the Contractor agrees to any and all gross receipts, compensation, transaction, sales, use, or other taxes and assessments ofwhatever nature and kind levied or assessed as a consequence oft the work performed or on the compensation paid under this contract; provided, however, that, in no event shall Contractor be responsible for payment or any taxes related to the  pay the Contractor a lump sum: fee of$4,500.  shall, however, be paid within the normal 30-day period.  Town'si income. 4INDEMNIFICATION.  A. The Contractor agrees to defend, pay on behalf of, indemnify, and hold-harmless the Town of Stallings, its elected and appointed officials, employees, agents, and volunteers against any and all claims, demands, suits orl losses, including all costs connected therewith, for any damages which may be asserted, claimed or recovered against or from the Town of Stallings its elected or appointed officials, employees, agents, and volunteers by reason of personal injury, including bodily injury or death and/or property damage,  Revision date 5/1/2019    including loss ofuse thereofr resulting from the negligence and/or intentional acts of the  Contractor.  5.A APPLICABILITY OFLAWS AND REGULATIONS.  A. The Contractor shall adhere to all laws, ordinances, and regulations of the United States, the State of North Carolina, the County ofUnion, and the Town of Stallings in the performance of the services outlined in this Contract and any attached specifications. B. Any term or condition of the Contract which by operation or existence is in conflict with applicable Local, State, or Federal Law shall be rendered void and inoperative. Town and Contractor agree to accept the remaining terms and conditions. Should any part of this Contract be declared unenforceable, all remaining sections shall remain in effect. A. The Contractor shall comply with the requirements of Article 2 of Chapter 64 oft the North Carolina General Statutes (E-Verify). Contractor shall require all oft the Contractor's subcontractors to comply with the requirements of Article 2 of Chapter 64 ofthel North Carolina General Statutes (E-Verify). The Town shall comply with North Carolina General Statute $160A-169.1 (E-Verify). The Parties agree toj provide documentation or sign affidavits or any other documents requested by either party  6. E-VERIFY COMPLIANCE.  demonstrating such compliance. 7.QUALITY AND WORKMANSHIP.  A. All work shall be performed to the satisfaction oft the Town. The work shall not be considered complete nor appliçable payments rendered until the Town is satisfied with  the services provided. 8.N NON-APPROPRIATION CLAUSE  A. Notwithstanding any other provisions of this agreement, all obligations of the Town under this agreement which require expenditure of funds are conditioned on the  availability of funds appropriated for that purpose.  9.INSURANCE.  A. The Contractor shall maintain valid general liability insurance in the minimum amount of one million dollars ($1,000,000.00), commercial automobile liability insurance in the minimum amount of one million dollars ($1,000,000.00) and provide a certificate ofs such insurance naming the Town of Stallings as additional insured by endorsement to the policy. Ifthe policy has a blanket additional insured provision, the contractor's insurance shall be primary and non-contributory to other insurance. Additionally, the contractor shall maintain and show proofofworkers' compensation and employer's liability insurance. The Contractor shall provide notice of cancellation, non-renewal or material  Revision date 5/1/2019    change in coverage to the Town of Stallings within 10 days oft their receipt of notice from B. Additionally, when required by the Town Manager, Contractor shall maintain:  the insurance company.  C.T The Town may require approval in deviations from this requirement ifissued in writing. D. All required certificates ofi insurance are attached and considered part oft this document. A. The Contractor shall attend a pre-project safety review meeting with the appropriate Town staff prior to the start of work. Contractor shall comply with all applicable safety laws/regulations: and follow best-practice industry safety protocols.  10. PRE-PROJECT SAFETY REVIEW MEETING.  11.IRAN DIVESTMENT ACT CERTIFICATION  A. As of the date listed below, the Contractor certifies thati it is not listed on the Final Divestment List created by the State Treasurer pursuant to Article 6E of Chapter 147of  the North Carolina General Statutes.  12. ADDITIONAL TERMS  A. Alternations, deletions, and/or additions to the terms and conditions oft this Contract may B. This Contract is made under, and in all respects shall be interpreted, construed, and governed by and in accordance with, the laws ofthe State ofNorth Carolina. Venue for any legal action resulting from this Contract shall lie in Union County. C. The Town may terminate the contract at any time and for any reason upon seven (7) days' prior written notice. Upon termination, Contractor shall be entitled to payment only for the actual cost oft the work completed in conformity with this Contract and any D. Contractor shall not sell, transfer, subcontract, assign, or otherwise dispose ofthe rights and/or obligations of this Contract or any portion thereof, without the written consent of  only be made by the mutual written consent of the parties.  other costs incurred as are permitted by this Contract.  the Town.  Revision date! 5/1/2019    In witness thereof, the contracting parties, by their authorized agents, affix their signatures and  seals this Contractor  day of  20  Town of Stallings  Name: Destination by Design Planning, LLC Name of Contractor (type or print)  Town Representative  By:  (Signature) Title: Principal Attest:  Attest: Town Clerk  (Secretary, ifa corporation) and Fiscal Control Act. Finance Director  This instrument has been preaudited in the manner required by the Local Government Budget  Revision date 5/1/2019    DESTINATION BY DESIGN planning - engineering 6 communications  Project Budget: Signage Master Plan  Task  Est. Hours (including traveld costs)  Total Cost 10,800.00  1. Engineered. Signage Design  90 $  Develop CAD drawings (including material and dimensions) for all sign in accordance with adopted recreation and greenway master plan: Gateway Sign; Break-away; Trailhead ID; Map Kiosk; Confidence Marker;  Muncipal Park Entrance 2. Structural Engineering  55 $  6,600.00  Wind load  Footer and Fastener Details  3. Complete Final Design and Facility Design Package and Constuction Specifications 4. Gateway Signage Conceptual Design  33 - $ 30 $ 178 $  4,000.00 3,600.00 25,000.00  TOTAL  Project Budget: Website Updates  Task  Est. Hours (including travelcosts)  Total Cost 4,500.00  Website Updates  50 $  Develop website updates featuring new small-area plans and the recreation and greenway master plan; display graphics, visuals, and other permitting and specs  according to: staff direction.    Agenda Item # 10D  MEMO  To: Mayor and Council Date: July:23,2019  From: Kolleen M. Dickinson, Code Enforcement Officer  RE: Amendment to Chapter 93.01 (1)- - Abatement of Unsanitary and Unsafe Conditions Request a change to the Town ofStallings Public Nuisance Ordinance. Iam requesting that Chapter 93.01 Abatement ofUnsanitary and Unsafe Conditions. paragraph (B)(1)be changed  From:  (1) Any weeds or other vegetation having an overall height of more than 18 inches above the surrounding ground provided that the following shall not be considered to be a part ofthis condition: trees and ornamental shrubs, cultured plants; natural vegetation on undeveloped property that is not ai threat to the character ofs surrounding properties, and flowers and growing and producing vegetable plants. It shall be the duty of every person occupying, owning or having control of property abutting on a street orl highway that utilizes aj portion oft the unused street orl highway right-of-way as a yard or any other use to maintain said right-of-way in the  same character and manner as the abutting use.  To:  (1) Any weeds or other vegetation having an overall height ofmore than 18 inches above the surrounding ground provided that the following shall not be considered to be aj part ofthis condition: trees and ornamental shrubs, cultured plants; natural vegetation on undeveloped property that is not at threat to the character ofs surrounding properties, and flowers and growing and producing vegetable plants. shalbethedatyefevey/perenesepying-ewpinger havingeentrolefprepetyabitingonesiretorhghwaythatutizesepentineFthe-mased treeterhghway-EEOFwayasayeRoranyaleruselemanainsaidght-eF-wey-inthe mechamsteramémaerasiheahutinguw. Every owner, tenant, occupant, or person having control of property or lot fronting upon any street or roadway in the city shall:  a. Keep the right-of-way between the property line and the edge oft the pavement or curbline, including sidewalk ifa any, maintained, clean and clear of all weeds and other vegetation, shall keep any grass thereon cut and keep street drains and street b. Keep streets and sidewalks clear of overhanging limbs, bushes, shrubs, vines, and other vegetation along with any obstruction which interfere with the public use of Itis the responsibility oft the owner, tenant, occupant of property or lot fronting upon any street, roadway, or sidewalk in the city to maintain the property in conformity with the requirements of this section. Subject to the provisions of  gutters open and free from obstruction.  the street or sidewalk.  Town of Stallings - Telephone 704-821-8557 . Fax 704-821-6841 - www.stallingsncorg    SArticle 11 oft the Town of Stallings Development Ordinances, the Public Works Department may cause the removal of any shrubbery and trees or other obstructions from street right-of-way including dedicated or recorded easements for sight distance and may also cause the removal ofj plantings, limbs and other obstructions from such right-of-way or sight easement. Actual costs associated with removal oft the vegetation and/or obstruction may be assessed to the property  owner or person causing or allowing the obstruction.  This request is based on multiple questions, after sending citations, with property owners about the responsibility to maintain their properties up to the roadway. The existing ordinance even makes me shake my head and wonder "What is this saying?" This change adds a clearer description of what the responsibility is for owners, tenants or persons having control ofareas that front any street or roadway in the Town of Stallings; to include the maintenance of grasses,  street drains and gutters and sidewalk areas.  Town of Stallings - Telephone 704-821-8557 - Fax704-821-6841 . www.stalingsncorg    Agenda Item #_!  Erinn Nichols From: Sent: To: Cc: Subject: Attachments:  Lynda Paxton paxtonecaoinar.om, Monday, August 5, 2019 10:04 AM Erinn Nichols Alex Sewell; Lynda Paxton Agenda Item for August 12 BORDERS.docx  RESOLUTION OPPOSING HIGH DENSITY HOUSING BY UNION COUNTY ON MUNICPAL  Erinn,  Please add the attached resolution to the agenda for August 12. Although I will not be present to discuss, that doesn'tseem to matter to the majority and with the County planning retreat coming up later this month, iti is important tol have a decision on this prior to that time. Ifyou could include a copy of Wesley Chapel's Resolution ini the packet as a reminder along with the following info to support the request, I'd appreciate it.  Please feel free to "pretty it up" with the town seal or change in font.  Memo to Council: August 5, 2019  We had a request from Mayor Brad Horvath in Wesley Chapel to adopt a resolution similar to the one attached requesting that the county consider the impacts when making decisions to rezone properties in unincorporated areas that surround our municipalities. It is my understanding that the western towns of Weddington, Marvin, Mineral Springs, and possibly others all plan toi include the resolution on council agendas this month. We've often discussed the need for more regional dialogue and cooperation in development decisions and that has been a consistent theme in the monthly meetings Councilman Martin and I have been attending in Indian Trail. Thus, It think it's important that we support our neighboring communities, in adoption ofar resolution from Stallings. The resolution deals primarily with housing but the county allowed the property next to Woodbridge tol be used as storage for dirt for construction. That has been aj problem for the Woodbridge community as well  as an eye sore and continues to pose a frequent traffic hazard with trucks going in and out.  Eynda M. Paxton 704-882-1083    RESOLUTION OPPOSING HIGH DENSITY HOUSING BY UNION COUNTY ON MUNICIPAL BORDERS  Stallings  WHEREAS, the purpose of the Stallings Town Council ist to represent the desires of its citizens WHEREAS, the Town of Stallings recognizes that Union County is experiencing rapid growth and that proposals for high density subdivisions in areas bordering the municipalities have been WHEREAS, the Town of Stallings recognizes that a large majority of citizens in the town and in neighboring areas are noti in favor of high density development and wish to preserve the WHEREAS, the Town of Stallings recognizes that high density developments put al burden on thei infrastructure and encourages growth outpacing the needed improvements for water, WHEREAS, traffic on the major corridors and more particularly on the cross streets is near and above capacity and cannot sustain additional impact from high density development; and WHEREAS, increased congestion from the additional development will adversely impact WHEREAS, flooding and stormwater control problems are frequent complaints in our area, and NOW, THEREFORE bei it resolved that the Town of Stallings stands with our neighboring municipalities in urging the Union County Board of Commissioners to listen to the desires of the citizens and maintain low density county: zoning around municipalities.  and to serve as a voice for the greater good of the community; and  approved; and  current standard of living and not become urbanized; and  sewer, schools, and roads; and  existing residents and property owners; and  are heightened by increased high density development;  Adopted this the 12th day of August, 2019.  Wyatt Dunn, Mayor  Attest:  Erinn E. Nichols, Town Clerk Approved as to form: Cox Law Firm, PLLC    VILLAGE OF WESLEY CHAPEL  July 10,2019  To Union County Mayors and Councils  Re: Addressing Increased Housing Density Requests on Unincorporated: Properties The Village of Wesley Chapel respectfully requests your support of the attached Resolution asking our County Commissioners to consider the effect of increased housing density on unincorporated properties that surround our municipalities. We further ask that you consider submitting your own Resolution tot the County that reflects any concerns that you may have about increased housing density on uninçorporated properties surrounding our municipalities. The Village of Wesley Chapel Council unanimously passed the attached Resolution on Monday Irecently stated at a Western Union County CRTPO meeting, that Councils, planners, engineers, and NCDOT make decisions regarding roads, driveway, connectivity, etc. for various types of projects, based on the land use designations in effect at the time a project review is requested. When ai municipality or the County changes the housing density on aj project proposed afterward, it essentially invalidates the work and due diligence that everyone went through for the first We understand that the County and municipalities have the right to make decisions regarding individual project requests due to whatever considerations are being proposed. However, whena rezoning request seeks to have the property move from R-40 (one house per 40,000 square feet) tol R-8 (one house per 8,000s square feet), then thei impacts have been magnified greatly. As noted in the Resolution, other impacts include water, sewer, and schools. This affects the quality of life for all Union County residents. This Resolution asks that the County be considerate oft these things in their decision-making process regarding increased housing density  evening during our monthly meeting.  project.  on unincorporated properties that surround our municipalities. Wel hopet that you will support usi int this effort. hedssee Brad S. Horvath, Mayor Village ofWesley Chapel  Regards,  6490 WEDDINGTON ROAD . WESLEY CHAPEL, NC . 28104  PHONE: 704.839-0182 . FAX: 704.839-0170    Village of Wesley Chapel, NCI Resolution 2019-05 RESOLUTION OPPOSING HIGH DENSITY: HOUSING  WHEREAS, the Village ofWesley Chapel Council's purpose is to represent the desires ofi its citizens WHEREAS, the Village ofWesley' Chapel recognizes that high density subdivisions have been proposed ora approved by Union County for areas bordering the Village ofWesley Chapel, and that there is the WHEREAS, the Village of Wesley Chapel recognizes that al large majority of citizens in' Wesley Chapel andi in neighboring areas are noti in: favor ofhigh density development and wish toj preserve the current WHEREAS, the Village ofWesley Chapel recognizes that high density developments puts al burden on WHEREAS, traffic int the area is near capacity and cannot sustain additional impact from high density WHEREAS, flooding and stormwater control problems are: frequent complaints in this area, and are NOW,THEREFORE be iti resolved that the Village of Wesley Chapel hereby announces that it urges the Union County Board of County Commissioners to listen to the desires oft the citizens and maintain the current low density County zoning ofl R-40 around municipalities. Furthermore, the Village ofWesley Chapel stands with other municipalities in Union County in favor ofthis resolution.  and to serve as a voice fort the greater good oft the community; and  potential for morel high density subdivisions ini the near future; and  standard of living and not become urbanized; and  thei infrastructure and encourages growth outpacing needed: improvements; and development and will negatively impact existing property owners; and  heightened by high density development;  Adopted this the 8th day ofJuly, 2019.  Bucldhree Mayor Brad Horvath  -  Attest:  Mufhuutt - Cheryl Bennett, Clerk