May 13, 2019 Stallings Town Hall 315 Stallings Road Stallings, NC 28104 704-821-8557 www.stalingsnc.Org  Stallings  Time 7:00 p.m. Invocation Pledge of Allegiance Call the Meeting to Order 7:05 p.m. Public Comment 1. 7:15 p.m. Consent Agenda Approval  Item  Presenter Action Requested/Next Step Wyatt Dunn, NA Mayor Wyatt Dunn, NA Mayor Wyatt Dunn, Approve Consent Agenda  A. Basketball Goal Code of Ordinance Mayor Amendment B. Resolution. Approving the Updated NCF Records and Retention Schedule  (Allitemso ontheConsentA Agendaare consideredroutine, tobeenactedbyo one motion. Ifamemberc oftheg governing body requestsd discussiond onofani item, thei itemwil beremovedfromt considereds separately.) the ConsentA Agenda and Motion: Imake ther motion to: 1) Approve the Consent Agenda as presented; or 2) Approve the Consent Agenda with the following changes:  2. 7:17 p.m. Reports  Council and Staff NA  A. Report from Mayor B. Report from Council Members/Town Committees C. Report from Town Manager/Town Departments  3. 7:40p.m. Agenda Approval  Wyatt Dunn, Approve agenda as written. (ADD, IFAPPLICABLE: withc changesas describedby Mayor Dunn) Motion: Imake ther motion to: 1) Approvet the Agendac as presented; or 2) Approve the Agenda with thej following changes:  Mayor  4. 7:45 p.m. CZ19.03.01 Arant/Northeast Tool  Lynne Hair, Approve/Deny conditional Town Planner zoning  A. Open! Public Hearing B. Information from Staff .Close Public Hearing D. Council Vote  Motion: Imake the motion to approve/deny CZ19.03.01.    5. 8:15p.m. Annexation 51-F Funderburk  Erinn Nichols, Approve/Deny annexation. Deputy Town Manager  A. Open Public Hearing B. Information from Staff C. Close Public Hearing D. Council Vote Agreement A. Open Public Hearing B. Information from Staff C. Close Public Hearing D. Council Vote A. ABO5- Sidewalks B. ABO6- 329 Stallings Road Purchase C. ABO Capital Project- New Facilities Capital Project Fund (HVAC Automation)  Motion: Imake ther motion to approve/deny, Annexation! 51.  6. 8:20p.m. Idlewild Mixed Use Project Development Lynne Hair, Approve/Deny development  Town Planner agreement.  Motion: Imake ther motion to approve/deny Idlewild Mixed Use Project Development. Agreement. Marsha Gross, Approve budget ordinances. Finance Officer  7. 8:50p.m. Amended Budget Ordinances  Motion: Imake ther motiont to approve (insert Amended Budqet Ordinance).  8. 9:00p.m. Police Radios  Minor Plyler, Approve/Deny police radios. Interim Police Chief  Motion: Imake ther motiont to approve/deny the purchase ofnew police radios. Alex Sewell, Discussion and Possible Town Manager Action. John Martin, Discussion. Council Member Town Manager  9. 9:10p.m. Employee Safety Bonus (Martin) 10. 9:20p.m. ETJLegal Research Request (Martin) 11. 9:35 p.m. Closed Session Pursuant to NCGS143- Wyatt Dunn,  318.11(a)(3): and (6) 12. 9:55 p.m. Adjournment    Agenda Item # 1A.  Ordinance Amending Code of Ordinances, Title IX General Regulations, Chapter 94 Streets and Sidewalks, Section 94.01 Certain Activities in Streets Prohibited  STALLINGS  WHEREAS, the Stallings Town Council encourages activities which foster community; and WHEREAS, the Stallings Council wished to allowed basketball goals in certain circumstances in neighbors in order to encourage community relationships; NOW, THEREFORE, BE IT ORDAINED that the Town Council oft thel Town of Stallings, North Carolina amend the Code of Ordinances, Title IX, Chapter 94, Section 94.01 tot the following: 94.01 CERTAIN. ACTIVITIES INS STREETS! PROHIBITED.  (A) Its shall be unlawful for any person to put, keep or maintain any basketbal! goal, football goal, soccer goal, baseball or softball bag or diamond, or any other similar team sports equipment on or over any public street, sidewalk or street right-of-way within the corporate limits oft the town. (B) Basketball goals are allowed on residential streets in accordance with (1) Goals must bei removeable and not aj permanent structure. (2) Goal base structure must be placed offt the road and clear ofu utility boxes, light poles, sidewalks, or any other permanent structure. (3) The speed] limit on the road where the Goal is located must be 25 mph or (4) Goal must bei in clear sight with no obstructions preventing drivers from identifying the goal from a safe distance away. (5) Ifata any time, the Stallings Police Department or Stallings Code Enforcement Officer view the goal tol bea al health and safety risk ora nuisance tot the community for any reason, the Goal must bei removed. (C) In addition to criminal penalties, violators of this section may be subject toa civil penalty. Unless otherwise provided, civil penalties shall be in the (2) Second citation for same or similar violation: $100; and (3) Third and subsequent citation for same or similar violation: $500. (Ord. passed 8-7-2000; Am. Ord. passed 2-9-2009; Am. Ord. passed 05-13-19) Penalty,  following conditions:  lower.  following amounts: (1) First citation: warning;  see $1 10.99    Adopted this the 13th day of May, 2019.  Wyatt Dunn, Mayor  Attest: Erinn E. Nichols, Town Clerk Approved ast tot form: Cox Law Firm, PLLC    Agenda Item #1.B  RESOLUTION ADOPTING THE MUNICIPAL RECORDS RETENTION  Stallings AND DISPOSITION SCHEDULE  The Records Retention and Disposition Schedule governing the records series listed herein are hereby approved: General Records Schedule for Local Government Ina accordance with the provision of Chapters 121 and 132 of the General Statutes of North Carolina, it is agreed that the records do not and will not have further use or value for official business, research, or reference purposes after the respective retention periods specified herein and are authorized to be destroyed or otherwise disposed of by the agency or official having custody of them without further reference to or approval of either party to this agreement. Itis further agreed that these records may not be destroyed prior to the time periods stated; however, for sufficient reason they may be retained for longer periods. This schedule is to remain in effect from the date of approval until iti is reviewed and updated by the Department of State Archives of North Carolina.  Agencies - Issued April 17, 2019.  Approved this 13th day of May 2019.  Wyatt Dunn, Mayor  SEAL  Erinn E. Nichols, Town Clerk  Approved as to form:  Cox Law Firm, PLLC    Agenda Item #. 4  PLANNING &2 ZONING TOWN of STALLINGS  Zoning Staff Report  Case: CZ19.03.01 Request  Reference Name Rusty Arant - Northeast Tool  Proposed Zoning CZ-IND Proposed Use Expansion of Manufacturing Facility Number of One(1) Existing, Two(2) new buildings proposed Buildings Existing Zoning MU-2 Site Acreage 10.36. Rusty Arant 15200 Idlewild Road K7075014, M7075014 Designation Town Council  Existing Site Characteristics Existing Use Manufacturing Applicant Property Owner(s) Larry and Ruth Arant Submittal Date March 13,2019 Location Tax ID(S)#  Plan Consistency Land Use Plan Expansion of Manufacturing Facilities  Recommendation Planning Board  Request:  Northeast Tool has submitted a conditional zoning application that will allow the following property to! be rezoned from MU-2 (mixed use) to CZ-IND (conditional zoning- Industrial): PID# The applicant's intent is to expand his manufacturing facilities from one (1) existing building to  07075014, 15200 Idlewild Road. three (3) buildings int total.    The property was zoned R-20 for many years and was recently rezoned MU-2 as a part oft the adoption of the Idlewild Corridor Small Area Plan. The property has been used for industrial purposes and considered legally non-conforming for many years. Industrial use is not a permitted usei int thel MU-2district and the plant to expand ont the site has triggered the needi fora a rezoning.  Property Location/ Existing Conditions:  Arant Property Northcast Tool  The subject property is located on Idlewild Road northwest of Stevens Mill Road and southeast ofl 1-485 ani is outside oft the Town limits. The property is located within the Town'sET), meaningt thati itisv within the towns zoning jurisdiction and must comply with allt town land use ordinances. The parcel abuts residences int the Vickery subdivision, whichi is zoned SFR-1.    North  MU-2/Mixed Use Town of Multiplel large  Stallings undeveloped parcels (proposedf for development ofa mixed- use apartment/townhome project) Stallings subdivision (Vickery). Minimum lots size 20,000 sq. feet. Stallings parcels with existing residences Stallings Harris-Teeter, Moochie's Tavern, Anytime Fitness, etc.  South  SFR1/Residential Low Townof Asingle-family  Density  East West  MU-2/Mixed Use Town of Sizable mixed use MU-2/Mixed Use Town of Shopping center with  Future Land Use Designation  The Stallings Comprehensive Land Use Plan has identified the future land use of the subject properties as Walkable Neighborhood. A walkable neighborhood offers residents the ability to live, play, and often shop and work inc one connected community. These neighborhoods include amixture of housing types and residential densities integrated with goods and services. Goods and services can be within or adjacent to the neighborhood, but connectivity is the key. The design and scale of the development encourages active living through a comprehensive and interconnected network of walkable streets. Walkable neighborhoods support multiple modes  oftransportation. Small Area Plan Compliance  The subject property is located within the Idlewild Corridor Small Area Plan. Land uses identified for the property are Multi Family and commercial, assuming the future  redevelopment of the property. Community Meeting  A requirement of the Conditional Zoning process is a community meeting be held by the applicant and a report of this meeting submitted to the Town and presented to the Planning Board and Town Council. Northeast Tool held the required community meeting on March 27, 2019 at 6:00 pm. Acopy oft the required community meeting report is attached. At this meeting several members of the community were present to speak concerning the proposal. These concerns were related to buffering and screening, noise suppression, dust control, stormwater impact, andi impact onr neighboring propertyvalues.    ZONINGI MOURMAETDATEPAMANASE Requested Zoning:  CZ-IND. The Industrial District ise established toy provide. locations fori industrial uses that, due to the scale oft thel buildings and/or the nature oft the use, cannot bei integrated intot the community. Uses within the Industrial District arel buffered from adjacent uses. The dominant uses in this district are manufacturing and warehouse: storage. Small scale manufacturing and storage that is compatible with less intensive uses can and should be locatedi in other non- residential orr mixed use districts. The Industrial District isr reserved for uses which require very large! buildings and/or large parking and loading facilities. The requested conditional zoning will allow the business to! become a conforming use, allowing expansion off facilities.  Proposed Development Standards Number of Two(2) new! buildings, Three(3) Buildings buildingst total Lot Area 10.36a acres Front Yard 20 Setback Rear Yard Setback 48' Side Yard Setback 128';2 208 Open Space 0.78 acres/7.5% Building Type Stallings UDO.  Buildings will comply with Highway Lot Type Standards per Section 9.8-2 of the Town of Open Space/Dedication ofl Landi for Park, Recreation: and Open Space Article 21 of the Stallings DO require 7.5% open space for the proposed project. When applied to thes subject site; a minimum of0.78 acres would need tol be set aside as open space. Street Trees/Project Boundary Buffers/Tree Save Requirements Street trees are required along all street frontages for all new developments. One large maturing tree required for everys 801 lineari feet ofs street frontage The applicant willl ber required to construct a "Type A" buffer tos separate all adjacent uses.A type al buffer shall be an average of 40' wide witha a 90% opacity. The Stallings UDO Article 11.8-3 requires at tree conservation area of6 6% with requirements that encourage savingt trees that are 4" DBH or greater and locatedi in buffer yards. The required 6%  equates to 0.62 acres oft the subject property.    STAFF RECOMMENDATION PROS:  Increase the mixed-use character of the area. Job creation Ifannexed, will provide tax dollars to Town Clean industry CONS:  Does not comply with CLUP or SAP Limits redevelopment potential ofp property PLANNING BOARD RECOMMENDATION  Thel Planning Board heard thisi item att their April 16, 2019 meeting. Issues raised where the! potential impactt to adjoining property owners and consistency with the Small Areal Plan. After discussion the Board votedt tor recommend: approval ofthe request! based ont the potential tax! baset the business will Ther recommended: approval included thes staff recommended conditions. After ther meeting the Town Attorney reviewed andr made suggestions that were added andi included below. The applicant also presented building elevations andi requested architectural requirements bei includedi in thec conditions  bring tot thet town once annexed.  listt that are: specifict tot their proposed! building.  Ifapproval is considered by the Board, Staff would recommend thei following conditions: 1. The applicant or responsible party shall obtain all permits required for development with the Town and outside agencies in compliance with applicable regulations. The submitted sketch plan must meet allr requirements as established by permitting 2. Development oft the property will bei limited tot twol buildings; 1) Phase I/il no greater than 110,000 squaref feet; 2)F Phase IlIr no greater than 40,000 squarei feet. Total building 3. Property shall be annexed into Town Limits prior toi issuance ofag grading permit for The 2.02-acre residential portion oft the parcel bes subdividedi from the Industrial portion  agencies.  square footage on thes site will not exceed 180,000.  phase 1. oft the site.    5. Buffers willl be provided along the sites southern, southeastern, and western property lines where adjacent to parcels #07075321, 07075308, 07075309, 07075353, 07075015 and 07075013B at an average of 40' and will comply with alls standards established! by 6. Avegetated berm six (6) feet in height shall be constructed int the 40' buffer zone adjacent to thet following parcels: 07075013B, 07075321, 07075308, 07075353, and 07075015. The berm shall be constructed within three (3) six (6) months ofi issuance of 7. Atemporary construction easement necessary toy wident the signalized entry road at Idlewild Market will be donated to the Town within 30 days ofr rezoning approval. Width 8. Lightingf from buildings will be designed tol have minimal impact on adjacent residences. Alighting plan willl be submitted asa apart oft the preliminary plan review process and 9. Architecture tol be approved by Development Administrator and Planning Board. Buildings willl be ofp permanent materials not vinyls siding or EIFS/Dryvit. Entry facades facing Idlewild (shaded green) will bea ar mix of concrete and glass. Buildings facing neighboring property (shaded yellow) will be of concrete and metal. These facades will modulate atar minimum of5 50f feet withe either change or depth or change orr material articulation. The Northf façade facingt the retail will have accents within the modulation that mimic windows, using a change ofr material, paint schemes and/or reveals. 10. An 8' high, decorative security (wrought iron with arched top)f fence will bel located alongt the northwest property line. Location oft this fence, relative to the property line may vary depending on final grade oft the road shoulder Fencing tol be located along the property's western property line, where adjacent tot the signalized road att the Idlewild Market entrance, willl be decorative and landscaped to provide ana attractive view from 11.Acurb cut and driveway apron will be provided from the signalized entry road at the location: shown ont the submitted site plan! by the developer of ther mixed-residential development tot the northwest ofthes sitei for future development by the applicant/owner only when the requested temporary construction easement isg granted tot the Town for the necessary road improvements. Itwill! be the applicant's responsibility to construct the site drive onto their property. 12. Dumpsters will bel located ata minimum, 100' from any property line adjoining residential property. All dumpster screening requirements established in the Stallings  Stallings Development Ordinance Article 11.  grading permit.  ofs said easement will bear minimum of10.  reviewed for compliance.  thes street and on-street greenway trail.  Development Ordinance willl be met.        NVId ONINOZIN ONBADVADNVWYIOOL! ISVIHIKON v0I8ZY 'SM3HIIYW ayosd CIM31dIOOZSI 1001 ISVIHINON  O'Zd  YVO  K OHHO    NORTHEAST  TOOL  39890  55503  f111!  PHASEI/ MANUFACTURING FAGILTY t11D,000sF  LE  EXISTING BUIDING +30,000SF PHASE Il EXPANSION #40,0005  Facode Improvement  AREAE NING DRAV CURPENT 201COUNTY STALUNGS)  Exteriors Zoning Board  MANACEMENT PLAYBOOK COMDANY  OAK NGIN ERING    Townof Stallings  A U MARI 142019  315Stallings) Road- Stallings, North Carolina 28104 ByK#041P18  Zoning Map Amendment/Rezoning Application  Zoning Map Amendment- Conventional 2-10a acres Greatert than 10acres' Zoning Map Amendment- Conditional Zoning Lesst than2 acres 2-10 acres Conditional Usel Permit Réquest Zoning Text Amendment- UDO  Application # (Staff):. 219.03.61 Lesst thàn2acres.  $150,00 $300.00 $900.00 $300.00 $600.00 $300.00 $500.00  Datel Filed:_ 3/i3/19 CM Hearing Date: 3127119 Planningl Board) Date: 4/16/19 Town Council/Final Decision Date: 513/14  Tothel Planning Board: and' Town Council ofStallings, NC:  I(we) the undersigned dol herebyr respectfully make: application àndi requestt thel Planning Board and' Town Council to amend thez zoningi map of the' Town ofStallings: Ins support oft this application, (Circle One) SFR-1 SFR-2 SFR-3 MU-1 MU-2 MFT AG TC  thef followingf facts are shown: Current Zoning  GIV C-74 CP-485 VSR IND  Proposed Zoning  (Circle One) SFR-1 SFR-2 SFR-3 MU-1 MU-2 MFT AG TC  CIV C-74 CP-485 VSR (ND)  Conditional District (Yes No Zoning?  Physical Property Address: 15200 Idlewild Road Description of! Rezoning:  Request rezone from County zoning R-20 to Town of Stallings zoning CZ-IND to support the expansion of an existing industrial/manufacturing facility  Telephone 704-821-8557 - Fax704-821-6841 - www.stallingsncorg    Tax Parcel Number(s) (PI imber): Total Acreage:  07075014 Property Owner(s): Larry and Ruth Arant OWhe Address PO Box 98 G Indian Trail  12.38 (Total) Request rézoning, of 10.36 acres  sn NC mmbert 704-519-9709 Bropert  hp 28079 RARANTENFTOOINCCOM  AUSTAAIT-MORTEASTTDON POBox 551 Indian' Trail, NC28079  Appcant ddress FARANTONETOOINCOM MAPI REQUIREMENTS  umber 704-882-1187  This application shalll bez accompanied by two (2), maps drawn to: scale. Such mapss shalll be produced: at: 18'x24". Ane electronic version ofther maps shall alsol bes submitted, The maps shall The subject property plus such propertya as tos show thel location ofthes subject propertywith referênce to ther nearest streeti intersection, railroad, stream ord other feature identifiable ont the Ifthe propertyi isinasubdivision ofrecord,: mapd of such portion oft thes subdivision thatwould relate tot the subject property tot thec closests streeti intersection. ! Awritten métes and! bounds description oft the! property or properties. Thej present and proposed: zoning classification ofthe lot(s) inquestion. Thej property identification: number(s) ofthe lot(s)i inc questiona asi issued byt thel Union County Full schematic design/site plan as describedi linArticle 10.100 ofthes Stallings Unified Development Ordinance (onlyifthea application. isf forac conditional distric).  çontain the followingi information:  ground. All properties whicha abutt the property.  Tax] Department.  MAPAEADMEBTERQUIRMIENT  Ifas straight rezoning (notaC CD)isr requested, then pleasel leave the spacel below! blank. Ifa Conditional District (CD) isI requested, you mustl listt thes specific sections ofthel Unified Development Ordinance from which yous seek changes. You may listt thèse onas separaté sheet of Whenever there isa azoning map: amendment, the Town of Stallings is requiredt tor notify the owner ofs said parceld ofland ass shown ont the countyt tax listing, and thec owner ofallp parcels ofland abuttingt that parcel ofland ass shown on the county taxl listing. The required notice shalll ber mailedl byf first class mail atleast 10 days but notr more than 25 days prior tot the  paper.  date ofthe public) hearing.  Telephone 704-821-8557 - Fax704-821-6841 : www.stallingsncorg    Townof Stallings  A U MAR 147019  315 Stallings Road Stallings, North Carolina 28104 BydL041BI8  Zoning Map Amendment/Rezoning Application  Zoning Map Amendment- Conventional 2-10a acres Greatert than 10acres Zoning Map Amendment- Conditional Zoning Lesst than2 acres 2-10a acres Greatert than 10acres Conditional Usel Permit Request Zoning" Text Amendment- UDO  Application # (Staff): C219.03.0 Lessti than2acres  $150.00 $300.00 $900.00 $300.00 $600.00 $1200.00 $300.00 $500.00  Date Filed: 3/13/19 CM Hearing Date: 3/27/19 Planning Board Date: 4/16/19 Town Council/Final: Decision Date: 5/13/16  Tothel Planningl Board and' Town Council ofStallings, NC:  I(we)t the undersigned dol hereby respectfully make application andi requestt thel Planning Board and' Town Council toa amend the: zoning map of the' Town ofs Stallings: In support of this application, (Circle One) SFR-1 SFR-2 SFR-3 MU-1 MU-2 MFT AG TC  the following facts ares shown: Current Zoning  CIV C-74 CP-485 VSR IND  Proposed Zoning  (Circle One) SFR-1 SFR-2 SFR-3 MU-1 MU-2 MFT AG TC  CIV C-74 CP-485 VSR (ND)  Conditional District (Ves) No Zoning?  Physical Property. Address: 15200 Idlewild Road Description of Rezoning:  Request rezone from County zoning R-20 to Town of Stallings zoning CZ-IND to support the expansion of an existing indlusirial/manufacturing facility  Telephone 704-821-8557 Fax704-821-6841 . www.stallingsncorg:    Tax Parcel Number(s) Number): Total Acreage:  07075014 Property Owner(s): Larry and Ruth Arant OwnersAddress: PO Box 98 Gity Indian Trail  12.38 (Total) Request rezoning of 10.36 acres  State: NC  Zipy 28079 RARANTENETOOINCCOM  Contact Phone Numbern 704-519-9709 Property OwnerEmail Addrèss Applicant Name if different than.owner ApplicantsAddress RUSTY ARANT- NORTHEASTTOOL POI Box 55 Indian' Trail, NC28079  Applicant Emailz Address RARANTONETOOINCCOM MAPREQUIREMENTS  ApplirantsPhone Numbert 704-882-1187  This application: shall be accompanied byt two (2) maps drawn to: scale. Such maps shalll be produceda at 18'x24". Ane electronic version oft the map shall alsol bes submitted. Thei maps: shall Thes subject property plus such property ast to show thel location oft the subject property with reference tot ther nearest streeti intersection, railroad, stream or other featurei identifiable ont the ground. Allp properties which abutt the property. Ifthe! property isi inas subdivision ofrecord, ar map ofs such portion oft thes subdivision that would relate to thes subject propertyt to the closest streeti intersection. A written metes andi bounds description ofthe property or properties. The present and proposed: zoning classification ofthel lot(s) in question. The property identification: number(s) oft thel lot(s) in question asi issued by the Union County Full schematic design/site plan as described in Article 10.10 ofthe Stallings Unified Development Ordinance (onlyifthe application. is forac conditional district).  contain thef followingi information:  Taxl Department  MAPAMENDMENT REQUIRMENTS  Ifas straight rezoning (notac CD) is requested, then pleasel leave the spacel below blank. Ifa Conditional District (CD) is requested, you must listt the specifics sections oft the Unified Development Ordinance from which you seek changes. Your may list these onas separate sheet of Whenever therei isa zoning map amendment, the' Town of Stallingsi is required to notify the owner ofs said parcel ofl land as shown ont the county taxl listing, andt the owner ofa ally parcels ofland abutting that parceld ofl land as shown ont the county tax listing. The required notice shall ber mailed by first classi mail atl least 100 days butr not moret than 250 days prior tothe  paper.  date ofthe public! hearing.  Telephone 704-821-8557 * Fax704-821-6841 . www.stallingsncorg    PLANNING &ZONING TOWN of STALLINGS  315 Stallings Road, Matthews, NC 28104 Phone: 704-821-8557 Fax:704-821-6841 www.stallingsnc.org  NOTICE  COMMUNITY INFORMATION MEETING  Northeast Tool has submitted a conditional zoning application tot the Town of Stallings that, ifapproved, will allow for their property tob be rezoned from MU-2 (Mixed Use) to CZ-IND (site specific industrial). Northeast Tool intends to expand their existing manufacturing facility located at 152001 Idlewild) Road onp parcel number #K7075014. A Community Meeting will be held by Northeast Tool on Wednesday March 27th, 2016 at the Stallings Civic building, 323 Stallings] Road at 6:001 PM. Thej purpose oft this meeting isto allow Northeast Tool the opportunity toj present their proposalt to thec community prior tot the public hearing. This meetingi is strictly informative andi no decisions by the Town willl be rendered For additional information, please call Ms. Lynne Hair, Town) Planner at 704-821-0315 during regular business hours.  at thist time.  Lynne Hair Planning and Zoning Administrator  GoMaps  19993  1:7,073    Agenda Item #. 5  Ordinance to Extend the Corporate Limits of the Town of Stallings, North Carolina  STALLINGS  WHEREAS, the Town Council has been petitioned under N.C.G.S. 160A-31 to annex the WHEREAS, thel Town Council has by resolution directed the Town Clerk to investigate WHEREAS, the Town Clerk has certified the sufficiency oft the petition and public hearing on the question oft this annexation was held at the Town Hall oft the Town of Stallings at 7:00p.m. on May 13, 2019, after due notice by the Enquirer-J -Journal on April 16, 2019; and WHEREAS, the Town Council finds the petition meetings the requirements of N.C.G.S. NOW, THEREFORE, BEI IT ORDAINED be the Town Council of the Town of Stallings, North Section: 1. By virtue oft the authority granted by N.C.G.S. 160A-31, the areay proposed for voluntary annexation encompasses parcelr number 07075013 on Funderburk Roadis hereby annexed andi made part of thel Town of Stallings effective immediately:  area described below; and the sufficiency oft the petition; and  160A-31; Carolina that:  Parcel number: 07075013; 3.378 ACRES  Commencing ata a found concrete monument, said monument beinga alongt the southerly right- of-way of Boyd Funderburk Drive, thence along said right-of-way, $78° 34' 19" E20.90't toa computed point, said point being att the county line of Mecklenburg and Union County and the Thence along said right-of-way, S 78° 34' 19"E75.76' toaf found iron pipe; Thence leaving said right-of-way, S47° 01'13" W: 131.47' toa at found iron pipe; Thence, $36041' 44" E287.96' toas set iron rebar; Thence, S63°32' 52" W2 25.56' toaf foundi iron rebar; Thence, S63°32' 52" W6 620.90 toa af foundi iron rebar; Mecklenburg and Union County;  POINT OF BEGINNING;  Thence, N 07°42' 01" W1 195.61 toa computed point, said point being att the countyl line of Thence, along said county line, N46° 37'53" E625.68' toac computed point, and the POINT AND PLACE OF BEGINNING containing 147,127 square feet or 3.378 acres, more orl less. Section2 2. Immediately, the above described territory andi its citizens and property shall bes subject to all debts, laws, and ordinances and regulations inf force int the Town of    Stallings ands shall bee entitled to thes same privileges andl benefits as other parts oft the Town of Stallings. Said territorys shall be subject to municipal taxes according to N.C.G.S. Section 3. The Mayor oft the Town of Stallings shall cause to! ber recorded int the office oft the Register of Deeds Union County, andi int the office oft the Secretary of State atF Raleigh, North Carolina, as accurate map oft the annexed territory, describedi in Section 1 above, together with a duly certified copy oft this ordinance. Such a map shall also be delivered to the Union County Board of Elections, as required by N.C.G.S163-  160A-58.10.  288.1.  Adopted this the 13th day of May, 2019.  Wyatt Dunn, Mayor  Attest: Erinn E. Nichols, Town Clerk Approved ast to form: Cox Law Firm, PLLC    Townof Stallings 315 Stallings Road Stallings, North Carolina 28104  Agenda Item # 6  MEMO: TO:  Town Council FROM: Lynne Hair, Development Administrator SUBJECT: DA18.08.01 Idlewild Mixed Use Development DATE: May8 8, 2019  Attached please find a copy of the final Development Agreement document for thel Idlewild Mixed Use project located off Idlewild Road behind the Idlewild Market Shopping Center. The public hearing for thisi item will bel held Monday night, this is the final stepi in the Development Agreement process and staffi is seeking councila approval oft the document. Ify you have any questions, please do not hesitate to contact me.  Telephone 704-821-8557 Fax704-821-6841 www.stallingsnc.org    DEVELOPMENT AGREEMENT BY AND AMONG  DOUGLASI I.I MARSH AND TERI THOMASI MARSH, DANNY E. PRICE. ANDI ROBIN C. PRICE, DEEL. RITTENOUR ANDI PATRICIA A. RITTENOUR AND GERALDI LEEI FUNDERBURK AND ROBIN FUNDERBURK  AND TOWNOFS STALLINGS  Prepared by and Return to: John H. Carmichael Robinson, Bradshaw & Hinson, P.A. 101 N. Tryon Street, Suite 1900 Charlotte, NC 28246 11990315.32826.0001    TABLEOFCONTENIS  Page  STATEMENT OF PURPOSE. BACKGROUND TERMS. 1. Public Hearing 3. Development Schedule 4. Transportation Improvements. 5. Streetscape Treatment. 6. Greenway and Open Space. 7. Trash Removal. 8. Architectural standards Project. 10. Term. 11. Local Development Permits.. 12. Public Facilities.. 13. Sewer and Water Lines 14. Amendment. 15. Recordation/Binding Effect. 16. Periodic Review. 17. Default.. 18. Notices. 19. Entire Agreement. 20. Construction. 21. Assignment 22. Excluded Property. 23. Governing Law 24. Counterparts. 25. Agreement to Cooperate. 26. Agreements tol Run with the Land.  2. Permitted Uses/Maximum Densities/Development Limitations  9. Law inl Effect att the Time of the Agreement Governs the Development ofthe  10 10 10  11 12 12 12 12 13 13 13 13 13 13  -i-    TABLEOFCONIENTS (continued)  Page 13 14 14 14  27. Hold Harmless 28. Severability 30. Authority  29. No Pledge of Taxing Power or Governmental Authority.  -ii-    STATE OF NORTH CAROLINA COUNTY OF UNION  DEVELOPMENT AGREEMENT  This Development Agreement (the "Agreement") is made and entered into this Thomas Marsh, Danny E. Price and Robin C. Price, Dee L. Rittenour and Patricia A. Rittenour and Gerald Lee Funderburk and Robin Funderburk (hereinafter collectively referred to as "Developer"), and the Town of Stallings, a North Carolina municipal corporation ("Town").  day of  2019 (the "Effective Date") by and among Douglas I. Marsh and Teri  STATEMENT OF PURPOSE  1. Section 160A-400.20(a)C) of the North Carolina General Statutes provides that "large- scale development projects often occur in multiple phases extending over a period of years, requiring al long-term commitment ofb both public and private resources." 2. Section 160A-400200)0)of 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 oft the 3. Section 160A-400.20()4): of 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 of 4. Section 160A-40020)6)of thel 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 5. Section 160A-400.20(a)6) of the 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 6. Section 160A-400.23 provides that a local government may enter into a development agreement with developer for the development of"developable property of any size." 7. In view of the foregoing, Sections 160A-400.20(b) and 160A-400.22 of the 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 of the North Carolina General Statutes, which  private development."  development."  still managing impacts ont the surrounding areas."  negotiating such developments."  11990315.8282650001    proçedures and requirements include approval of the development agreement by the governing body oft the local government by ordinance after a duly noticed public hearing.  BACKGROUND  1. Douglas I. Marsh and Teri Thomas Marsh are the owners of an approximately 21.014 acre parcel of land located generally ont the southwest quadrant of the Interstate 485 Idlewild Road interchange in Stallings, Union County, North Carolina that is designated as Parcel No. 07075013B on the Union County Tax Maps (the "Stallings-Marsh Property"), and an approximately .455 acre parcel of land located generally on the southwest quadrant of the Interstate 485 - Idlewild Road interchange in unincorporated Union County, North Carolina in the Town's extraterritorial jurisdiction that is designated as Parcel No. 07075010A90 on the Union County Tax Maps (the ETJ-Marsh Property"). The Stallings-Marsh Property is more particularly depicted on! Exhibit A attached hereto and incorporated herein by reference, and the ETJ-Marsh Property is more particularly depicted on Exhibit B attached hereto andi incorporated herein by reference. The Stallings-Marsh Property and the ETJ-Marsh Property are hereinafter 2. Danny E. Price and Robin C. Price are the owners of an approximately 7.517 acre parcel of land located generally on the southwest quadrant of the Interstate 485 Idlewild Road interchange in Stallings, Union County, North Carolina that is designated as Parcel No. 07075011 on the Union County Tax Maps (the "Price Property"), which parcel of land is more particularly depicted on Exhibit C attached hereto and incorporated herein by reference. 3. Dee L. Rittenour and Patricia A. Rittenour are the owners of an approximately 7.462 acre parcel of land located generally on the southwest quadrant oft the Interstate 485 Idlewild Road interchange in Stallings, Union County, North Carolina that is designated as Parcel No. 07075011 1B on the Union County Tax Maps (the "Rittenour Property"), which parcel oflandi is more particularly depicted on] Exhibit] D attached hereto and incorporated herein by reference. 4. Gerald Lee Funderburk and Robin Funderburk are the owners of an approximately 3.6949 acre parcel of land located generally on the southwest quadrant of the Interstate 485 Idlewild Road interchange in unincorporated Union County, North Carolina that is designated as Parcel No. 07075013 on the Union County Tax Maps (the "Funderburk Property"), which parcel of land is more particularly depicted on Exhibit E attached hereto and incorporated herein 5. Prior to the public hearing on and the approval of the Agreement by the Town of Stallings Town Council (the "Town Council"), the Funderburk Property was annexed into the corporate limits oft the Town and zoned tot thel MU-2: zoning district. 6. The Marsh Property, the Price Property, the Rittenour Property and the Funderburk Property are hereinafter collectively referred to as the "Property." The Property contains approximately 40.1429 acres and is subject to the terms and conditions of this Agreement. The Property is more particularly depicted on Exhibit F attached hereto and incorporated herein by  collectively referred to ast the "Marsh Property."  by reference.  reference.  11990315.32626.0001  2    7. 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 ist the Idlewild Road corridor. The Idlewild Road Corridor Small Area Plan (the "Small Area Plan") provides land use recommendations. and guiding principles for the development of the parcels of land within the area subject to the Small Area Plan. The Property is located within the area subject to the 8. Among other things, the Small Area Plan recommends single family attached homes, multi-family residential uses and commercial uses on the Property. 9. Douglas I. Marsh and Teri Thomas Marsh, Danny E. Price and Robin C. Price, Dee L. Rittenour and Patricia A. Rittenour and Gerald Leel Funderburk and Robin Funderburk and their successors ini interest arel hereinafter collectively referredt to as' "Developer." 10. Developer desires to develop a multi-use project (the "Project") on the Property in accordance with thet terms oft this Agreement, the Concept Plan (defined below) and the Town of Stallings Development Ordinance (the "Ordinance") that will contain single family attached dwelling units, multi-family dwelling units and commercial uses. 11. After careful review and deliberation, the Town has determined that the Project is consistent with the Small Area Plan, and that it would further the Town's land use planning objectives and policies as set out in the Small Area Plan, as well as the health, safety, welfare 12. The Town has also determined that the Project will secure quality planning and growth, strengthen the tax base and provide public amenities and infrastructure. Accordingly, Developer and the Town desire to enter into this Agreement for the purposes of coordinating the construction ofi infrastructure that will serve the Project and the community at large; confirming the phasing of the construction of the Project; and providing assurances to Developer and its successors in interest that Developer may proceed with the development oft the Project in accordance with the terms oft 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 oft this Agreement.  Small Area Plan.  and economic well-being oft the Town.  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 1. Public Hearing. Pursuant to Section 160A-400.24 of the North Carolina General Statutes, the Town Council conducted public hearing on May 13, 2019 in accordance with the procedures set out in N.C.G.S. S 160A-364, and it approved the subsequent execution of this Agreement by the Town. The notice of public hearing specified, among other things, the location of the Property subject to this Agreement, the development uses proposed on the Property and a place where a copy of the Agreement can be obtained. The approval of this  as follows:  11990315.32826.0001  3    Agreement by the Town Council included the approval of the concept site plan for the Project (the "Concept Plan") attached hereto as Exhibit G incorporated herein by reference. 2. Permitted Uses/Maximum Densitie/Development Limitations. Subject to the limitations described in this Section 2, the Property may be devoted to the uses and to the applicable development densities described below and on the Concept Plan. For purposes of this Agreement and the Concept Plan, the Property is divided into three separate development areas that are designated on the Concept Plan as Development Area A, Development Area B and Development Area C. Thel Property is locatedi in the MU-2 zoning district.  A. Development AreaA  (1) That portion oft the Property designated as Development Area A ont the Concept Plan may only be devoted to a residential community containing a maximum of150 for sale single family attached dwelling units, and to any incidental or accessory uses relating thereto that are permitted  in the MU-2 zoning district. B. Development Area B  (1) That portion of the Property designated as Development, Area B ont the Concept Plan may only be devoted to a multi-family residential community containing a maximum of 270 multi- family dwelling units, and to any incidental or accessory uses relating thereto that are permitted in the MU-2 zoning district. The buildings containing the multi-family dwelling units shall be located inc one oft the seven building areas onl Development, Area B depicted on the Concept Plan. (2). In addition to the buildings containing multi-family dwelling units, a building associated with the amenity area shall be permitted on Development Area B as well as a maintenance  building. Development AreaC  (I) That portion oft the Property designated as Development Area Con the Concept Plan may be devoted to any use or uses allowed int the MU-2: zoning district (including any combination of such uses) and to any accessory and incidental uses relating thereto that are permitted in thel MU- (2) The total number of principal buildings, accessory buildings and gross floor area permitted on Development. Area C shall be governed by the standards of the Ordinance. (3) All site plans and building elevations for development within Development Area C must be approved by the Development Administrator and Town Council prior to the issuance of building permits. The approval of the site plans and building elevations by the Development Administrator and' Town Council shall not be considered to be an amendment to the Agreement 3. Development Schedule. The Project shall be developed in accordance with the schedule set out below, or as may be amended by the agreement of the parties to reflect actual market absorption. Pursuant to N.C.G.S. s 160A-400.25(b), the failure to meet a commencement or completion date shall not, in and of itself, constitute a material breach of this Agreement  2zoning district.  11990315.82626,0011  4    pursuant to N.C.G.S. $ 160A-400.27 but must be judged based upon the totality of the circumstances, including, but not limited to, Developer's good faith efforts to attain compliance with the relevant development schedule. The development schedule is a budget planning tool and shall not be interpreted as mandating the development pace initially forecast or preventinga faster pace of development ifmarket conditions support a faster pace. A. Within 5 years of the date of this Agreement, Developer shall commence the development ofI Development Area A and Development Area B of the Property. B. Within 10 years of the date oft this Agreement, Developer shall complete the development ofDevelopment Area A and Development Area B oft the Property. C. Within 15 years oft the date of this Agreement, Developer shall commence and complete the development of Development. Area Cof the Property. 4. Transportation Improvements. The development of the Property shall comply with the following transportation requirements. A. Vehicular access shall be as generally depicted ont the Concept Plan. The placement and configuration of 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 Town and/or the North Carolina Department of Transportation. B. As depicted on the Concept Plan, the Property will be served by internal public streets and internal private alleys, and adjustments to the locations of the internal public streets and the internal private alleys shall be allowed during the construction permitting process upon the approval oft the Development Administrator and the Town Engineer. C. Subject to the terms of the next following paragraph, prior to the issuance of the first certificate of occupancy for any new building constructed on the Property, Developer shall improve the existing street that will provide the primary vehicular and pedestrian connection from Development Area A to Idlewild Road at the existing traffic signal (the "Primary Entrance Road") in accordance with the cross section on Exhibit H attached hereto and incorporated herein by reference. Toi improve the Primary Entrance Road in accordance with the cross section on Exhibit H, Developer must be provided with a temporary construction easement over and across a portion of the adjacent parcel of land designated as Parcel No. K7075014 on Int the event that the Town does not provide to Developer, at no cost to Developer, a temporary construction easement over and across a portion of Parcel No. K7075014 that is necessary to accommodate the improvement of the Primary Entrance Road in accordance with Exhibit H on or before August 1, 2019, then Developer shall only be required toi improve the Primary Entrance Road in accordance with the cross section on ExhibitI attached hereto and incorporated herein by reference prior tot the issuance ofthe first certificate of occupancy for any new building constructed on the Property. Developer shall also pay the sum of Fifly Thousand and No/100 Dollars ($50,000.00) to the Town prior to the issuance of the first certificate of occupancy for any new building constructed on the Property to be used by the Town to fund  the Union County Tax Maps by the Town.  11990315.3289650001  5    future additional improvements tot the Primary Entrance Road or to construct other transportation or pedestrian improvements on the Property ori in the vicinity oft the Property. Inc connection with the improvement of the Primary Entrance Road under either scenario set out above, Developer shall not be required to improve or upgrade the existing pipes located under the Primary Entrance Road since this is an existing condition. D. Prior to the issuance of the one-hundredth (100") certificate of occupancy for a single family attached dwelling unit constructed on the Property, the pedestrian and vehicular connection from Development Area Cto the adjacent existing shopping center thati is depicted on the Concept Plan shall be completed and opent toj pedestrian and vehicular traffic. E. Prior to the issuance of the one-hundredth (100") certificate of occupancy for a single family attached dwelling unit constructed on the Property, Developer shall pay the sum of One Hundred and Twenty Five Thousand and No/100 Dollars ($125,000.00) to the Town (the "Crossing Funds"), which Crossing Funds shall be used by the Town to construct or fund a potential future crossing or bridge and a street connection from the Property to that parcel ofl land located to the west of the Property that is designated as Parcel No. 07099021 on the Union County Tax Maps. More specifically, Developer shall construct that street segment designated as "Street Segment A" on the Concept Plan to that point designated as "Terminus of Street Segment A" on the Concept Plan. The Terminus of Street Segment A is located approximately 95 feet from the western boundary line of the Property. Developer shall dedicate right of way from the terminus of Street Segment A to the western boundary line of the Property as generally depicted ont the Concept Plan to accommodate the potential future crossing or bridge and a street connection from the Terminus of Street Segment Atol Parcel No. 07099021 to be constructed by others. Developer's sole obligation with respect to the construction or funding of the crossing or bridge and the street connection from the Terminus of Street Segment A tol Parcel No. 07099021 shall be the donation of the Crossing Funds and the dedication of the relevant right of way. In the event that the crossing or bridge and the street connection from the Terminus of Street Segment A to Parcel No. 07099021 is not permitted for construction within 15 years oft the date on which the Crossing Funds are paid to the Town by Developer, the Towni may use the Crossing Funds to construct other transportation or pedestrian improvements on the Property or in the F. The internal streets to be constructed on the Property as depicted on the Concept Plan shall meet the applicable cross section set out on Exhibit J attached hereto and incorporated herein by reference. Notwithstanding the foregoing and as described above, the Primary Entrance Road shall meet the requirements of Section 4.C above.  vicinity oft the Property.  5. Streetscape Treatment. thei requirements oft the Ordinance.  A. The streetscape treatment along the Property's public street frontages shall comply with B. The stream crossing located inl Development Area Bt that is more particularly designated on Exhibit K attached hereto and incorporated herein by reference will be an enhanced crossing  11990315.328265.0011  6    with a guardrail lined with shrubs and two 2 foot by 2 foot brick veneer columns and shall be substantially similar in appearance tot the crossing design set out on ExhibitK. C. Developer shall install stamped asphalt accent crosswalks at the public street intersection located at the boundary between Development Area A and Development Area B as depicted on D. Developer shall install as stamped concrete accent crosswalk within Development Area B E. Decorative street lights will be installed on the public streets on the Property. The decorative street lights to bei installed ont the public streets on the Property shall bet the decorative street lights depicted on Exhibit L attached hereto or another type of decorative street light F. Landscape enhancements shall be installed at the entrances to the multi-family parking lots to ensure the screening of the parking lots from the adjacent public streets, and such landscape enhancements will be shown on the landscape plan submitted for permitting.  ExhibitK.  inthel location designated on] ExhibitK.  approved by the Development Administrator.  6. Greenway and Open Space.  A. Greenway trails will be constructed on the Property as shown on the trail and sidewalk exhibit attached hereto as Exhibit M and incorporated herein by reference. The greenway trails shall meet the applicable standards set out in the Town of Stallings Parks, Recreation and Greenway Master Plan, which standards are set out on] ExhibitM. B. An on street trailhead will be constructed by Developer on the Primary Entrance Road at the signalized intersection of Idlewild road and the Primary Entrance Road as depicted on the Concept Plan. The trailhead will be constructed and bonded as part of the widening of the C. Greenway trails and signage will be built to Town specifications and installed at Developer's expense. Each greenway trail designated as "Public Greenway Trail" on Exhibit M shall be donated to the Town at no cost to the Town and placed into the Town's trail maintenance system. Each Public Greenway Trail shall be constructed and completed by Developer prior to the issuance of the fiftieth (50") certificate of occupancy for a single family D. Open space shown on the Concept Plan to be constructed on the Property shall comply E. A buffer shall bei installed on Development Area B between a multi-family building and the adjacent Vickery neighborhood in the location depicted on Exhibit N attached hereto and incorporated herein by reference. Thel buffer shall comply with the standards set out on Exhibit  Primary Entrance Road described above.  attached dwelling unit constructed on the Property. with the open space requirements oft the Ordinance.  N.  11990315.32826500011  7    7. Trash] Removal  A. Dumpster pick up will occur between the hours of8 8:00 am and 6:00 pm only.  8. Architectural standards Ordinance.  A. Height, lot dimensions and densities are established by this Agreement and the B. Architectural standards for the multi-family buildings to be constructed on the Property are depicted and set out on the building elevation drawings attached hereto as Exhibit 0 and incorporated herein by reference. Minor revisions or modifications to the architectural standards must be approved by the Development Administrator and thel Planning Board. C. The minimum floor to ceiling height for each floor of the multi-family buildings to be D. Building elevations for the single family attached dwelling units must be reviewed and approved by the Development Administrator and the Planning Board prior to the approval of preliminary plans for Development Area A to ensure the consistency ofs such elevations with the E. Af fountain shall bei installed within thes storm water pond located on Development Area C to minimize the buildup of algae in such storm water pond and for aesthetic purposes. With respect to the storm water ponds to be located on the remainder of the Property, the buildup of algae may bei minimized by stocking such storm water ponds with an appropriate species of fish. In the event that the stocking ofas storm water pond with fish does not minimize the buildup of algae ins such storm water pond as determined by the Town Engineer duringt the Town Engineer's annual inspection, then ai fountain will be required tol bei installed ins such storm water pond. F. Single family attached dwelling units may have a maximum height in stories of three G. Additional architectural requirements for the buildings containing single family attached  constructed ont the Property shall be9f feet.  standards set outi in Section 8.G below.  stories.  dwelling units are as follows:  Proposed architectural standards - Idlewild Mixed-Residential 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 att the ground 2. Corner/end townhome units located at the termination ofav view corridor shall contain 4 symmetrical windows and enhanced landscaping. The windows may be faux windows or shutters. The corner/end townhome units to which this requirement applies are designated on Exhibit] P attached hereto and incorporated herein by reference and the required enhanced landscaping is depicted on] ExhibitP. 3. Fences, garden walls, and hedges may bel built on property lines or as a continuation of building walls. Maximum height 41 feet ats street frontage, 8 feet at interiors side and rear. 4. Porch depth shall be a minimum of5f feet. 26265.00011  level.  8    5. First floor minimum elevation shall be 18" aboves sidewalk as measured at the center of 6. AI minimum of 18 inches of the base oft the building wall shall be clad in! brick or stone. 7. Exterior walls shall be finished in cementitious siding, stucco, brick ors stone or 8. Walls may be built ofr no more than two materials and shall only change material alonga horizontal line, typically ata floor line or a gable end, with the heavier material below the 9. Chimneys shall be finished with brick, stone or stucco and shall beai minimum 2:1 proportioni inj plan and capped to conceal spark arresters. Fireplace enclosures and 10. Porches, columns, posts, spindles, balusters shall ber made of wood. Porches may be enclosed with glass or screen ofar maximum of3 30% oft their length. 11. Stoops will bei made of wood, brick or concrete. If concrete, a stoop will have brick, stone ors stucco foundation walls. 12. Decks shall be locatedi inr rear yards only and shall be painted or stained. 13. The following shall be located ini 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) Permanent grills e) Permanent play equipment f) Hot tubs HVAC and utility meters may be located in a side yardi ifscreened from view and no closer than 5 feet from side property lines. 14. Porch piers shall beai minimum of8"x8". A wooden porch pier shall have al base cap at the bottom oft the wooden pier (e.g., where the wooden porch pier ties into the surface of the porch) that provides protection from the elements. 15. Wood elements must be painted or stained with an opaque or semi-solid stain, except walking surfaces may be left natural. 16. Roofs shall be clad in corrugated 5v crimp or standing seam galvanized steel, galvaline, or copper, asphaltic orf fiberglass shingles shall be architectural grade. 17. Principle roofs shall beas symmetrical gable or hipy with as solo of6 6:12 to 10:12, unless otherwise agreed upon through the development agreement process. 18. Interior ceilings will have a minimum height of9 ont thei first floor ofar multi-story 19. Windows shall be encased. Attached hereto as] Exhibit Q and incorporated herein by reference isar representative photograph ofa window that meets this requirement. Soffits 20. 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 either a closeds soffit or exposed rafters. Rafter tails may not exceed 8" in depth. 21. Doors shall be clad or made of wood, glass, fiberglass or steel. Doors shall be painted or 22. Bay windows shall be made oft trim lumber with corner trim nol less than 6".  thet townhome unit. combinations of the foregoing. lighter.  chimneys shall extend to the ground.  townhome unit. may be clad in vinyl.  stained.  11990315v3 26265.00011  9    23. Shutters shall be fiberglass composite or painted wood. 24. Storm windows and screens shall bei integral with the window. 25. Front doors, including the entry door tot the porch ona as side yard shall bel located on the 26. Garage doors one each unit shall be carriage styleg garage door and the garage door will contain hardware. Garage doors shall be painted or stained. Attached hereto as Exhibit R and incorporated herein by reference isai representative photograph ofag garage door 9. Law in Effect at the Time of 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 of 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 terms of this Agreement and the terms of the 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. $ 160A-385.1(e), the Town may not apply subsequently adopted laws, land development regulations, ordinances or development policies to the Project or to the Property during the term oft this Agreement without the written consent of Developer ori 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 ini interest. This Agreement does not abrogate any rights preserved by N.C.G.S. $ 160A-385 or N.C.G.S. S 160A-385.1, or that may vest pursuant to common law or otherwise in the absence of this Agreement. The Town agrees that the specific laws, land development regulations and ordinances in force as of the date of this Agreement are more particularly set out on Exhibit S attached hereto and incorporated herein by 10. Term. The term of this Agreement shall commence on the Effective Date and shall mutual consent of the parties hereto or their successors in interest, or unless extended by the mutual consent oft the parties hereto or their successors ini interest. 11. Local Development Permits. In accordance with N.C.G.S. S 160A-400.25(6), the following is a description or list of the local development permits approved or needed to be  frontage line.  meets this requirement.  reference, and are on file with the Town. expire fifteen (15) years thereafter on  unless sooner terminated by the  approved for the development oft the Project: A. Erosion and Sediment Control Permit (Union County). B. Water Extension Permit (NCDENR). Sewer Extension Permit (NCDENR). D. NCDOT Encroachment Permit. NCDOT Entrance Permit. Zoning Permits. 11990315.8262650011  10    G. Building Permits.  H. All other local, state or federal permits required for the Project. The failure of this Agreement to address a particular permit, condition, term or restriction does not relieve Developer oft the necessity of complying with the law governing the local permitting 12. Public Facilities. The following public facilities will serve the Project: Public Sewer and 13. 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: andi installed. 14. Amendment. The terms oft this Agreement may be amended by the mutual consent ofthe parties hereto or their successors in interest. A major modification of the terms of this 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 shall not bec considered to an amendment tot this Agreement. 15. RecordationBinding. 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  requirements, conditions, terms or restrictions.  Public Water.  to, all successors ini interest to thej parties hereto. 16. Periodic Review.  A. 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 B. If, asa result oft the Periodic Review, the Town finds and determines that Developer has committed a material breach of the terms or conditions oft 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 a reasonable time in which to cure the C. 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 terms oft this Agreement.  material breach.  the manner provided by N.C.G.S.S1 160A-388(b).  11990315v32 26265.00011  11    17. Default. The failure of Developer or the Town to comply with the terms of this 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 bec 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 or agreements set forth in the Agreement or to enjoin any threatened or attempted violation of the Agreement; or to obtain any remedies consistent with the purpose of the Agreement. Legal actions shall bei instituted in the Superior Court oft the County of Union, State ofl North 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 with the terms oft the Ordinance or any such regulation. 18. Notices. Any notice, demand, request, consent, approval or communication which a signatory party isi required to or may give to another signatory party hereunder shall bei 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 tol have been given or made when communicated by personal delivery or by independent courier service or by facsimile or ifby mail on the fifth (5th) business day after the deposit thereof in the United States Mail, postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests, consents, approvals or communications to the Town shall bea addressed to:  The Town at: Town of Stallings c/o Town Manager 315 Stallings Road Stallings, North Carolina 28104  Developer at:  19. 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 or written, expressed or implied, among these parties relative to the matters addressed herein 20. Construction. The parties agree that each party and its counsel have reviewed and revised this Agreement and that any rule of construction tot the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement or any  other than as set forth or as referred tol herein.  amendments or exhibits hereto.  11990315.32626500011  12    21. Assignment. After notice 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 tot the remaining portion of the Property owned by Developer without the written consent oft the' Town. In the event that Developer sells the Property ini its entirety and assigns its rights and responsibilities to a subsequent land owner, then Developer shall be relieved of all ofi its covenants, commitments and obligations hereunder. 22. 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. A lot containing a single family attached dwelling unit for which a certificate of 23. Governing Law. This Agreement shall be governed by the laws of the State of North 24. Counterparts. This Agreement may be executed in several counterparts, each of which shall be deemed an original, and such counterparts shall constitute one and thes same instrument. 25. Agreement to Cooperate. In the event of any legal action instituted by a 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 retain the right to pursuei its own independent legal defense. 26. 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 int the 27. 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 of Developer or their contractors, subcontractors, agents, employees or other persons acting on their behalf which relates tot the Project. Developer agrees to 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 equitable relief caused 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 relief suffered or alleged to have been suffered by reason of the events referred to in this paragraph. The Town may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, Developer's obligation toi indemnify and hold the' Town! harmless shall not extend to any claims, losses or damages that arise from the acts or omissions of the Town and/or its officers, agents, employees, consultants, special counsel, contractors and  encumbered or burdened by this Agreement: occupancy has been issued. Carolina.  ownership oft the Property unless otherwise provided herein.  11990315-82826.0001  13    representatives as well as any claims, losses or damages arising from the gross negligence or willful misconduct of the Town and/or its officers, agents, employees, consultants, special 28. Severability. Ifany term or provision herein shall bej judicially determined to be void or of no effect, such determination shall not affect the validity of the remaining terms and 29. No Pledge of Taxing Power or Governmental Authority. No provision oft this Agreement shall be construed ori interpreted as (1) creating a pledge of faith and credit of the Town within the meaning of any constitutional debt limitation, (2) delegating governmental powers, or (3)a donation ora lending of the credit of the Town within the meaning of the Constitution of the State ofl North Carolina. No provision oft this Agreement shall be construed top pledge or to create a lien on any class or source of Town 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. To the extent of any 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 (if any) that may apply. This Agreement is conditioned upon, and shall not be operative until, any required pre-audited certification: is supplied. 30. Authority. Each party represents that it! has undertaken all actions necessary for corporate or public approval of this Agreement, and that the person signing this Agreement has the  counsel, contractors and representatives.  provisions.  authority to bind the Developer or the County.  [SIGNATURES AND. ACKNOWIEDGEMENTS ON FOLLOWINGI PAGES]  14    IN WITNESS WHEREOF, the parties hereby set their hands and seals, effective the date  first above written.  Developer: Douglas I. Marsh Teri Thomas Marsh  Danny E. Price Robin C. Price  Dee L. Rittenour Patricia A. Rittenour  Gerald Lee Funderburk Robin] Funderburk  15    State of fNorth Carolina County of_  Icertify that the following persons personally appeared before me this day, each acknowledging  tor me that! he or she signed the foregoing document:  Douglas I. Marsh and Teri Thomas Marsh  Date:  Notary Public Signature Notary Public Printed or Typed Name My Commission Expires:  26265.00011  16    State ofl North Carolina County of  Icertify that the following persons personally appeared before me this day, each acknowledging  tomet that he or she signed the foregoing document:  Danny E. Price and Robin C. Price  Date:  Notary Public Signature Notary Public Printed or Typed Name My Commission Expires:  17    State of North Carolina County of  Icertify that the following persons personally appeared before me this day, each acknowledging  tor me that he or she signed the foregoing document:  Dee L. Rittenour and Patricia A. Rittenour  Date:  Notary Public Signature Notary Public Printed or Typed Name My Commission Expires:  11990315v32 26265.00011  18    State ofNorth Carolina County of  Icertify that the following persons personally appeared before me this day, each acknowledging  tor me that he ors she signed the foregoing document:  Gerald Lee Funderburk and Robin Funderburk  Date:  Notary Public Signature Notary Public Printed or Typed Name My Commission Expires:  1199015-32826.0001  19    Town:  TOWNOFSTALLINGS, NORTH CAROLINA  By: Name: Title: Mayor  ATTESTEDBY: Erinn E. Nichols, Town Clerk North Carolina County ofUnion I,  a Notary Public for  County,  North Carolina, do hereby certify that Erinn E. Nichols personally appeared before me this day and acknowledged that she is the Clerk of the Town of Stallings, and that by authority duly given, the foregoing instrument was signed in its name by its Mayor, sealed with its corporate  seal, and attested by Erinn E. Nichols asi its City Clerk. Witness my hand and official seal this the_ day of May, 2019.  Notary Public Signature Notary Public Printed or Typed Name My Commission Expires:  APPROVED. AS TOFORM: Melanie Cox, Town Attorney  This instrument has been pre-audited in the required by the Local Government Budget  and Fiscal Control Act. Marsha Gross, Finance Director 11990315.8262650001  20    21    26265.00011  22    EXHIBIT"A" Stallings-Marsh Property  23    EXHIBIT"B" Union-Marsh Property  11990315v32 26265.00011  24    EXHIBIT"C" Price Property  25    EXHIBIT"D" Rittenour Property  26    EXHIBIT"E" Funderburk Property  11990315.32826500011  27    EXHIBIT"F" Description of the Property  11990315v3 26265.00011  28            C Noi            Streetworks lype Date  The ACN/ARCICLB Generations Seriesi isar oftraditionals shapes Catalog# andcontemporary: styling. Itss superior photometrics offer excellent andu uniformityf for many oftoday's applications. Its styling Project blends welli inmanys settings- historic districts, downtowns streetscapes, roadways, residentialr aswella as-city parks and educationali institutions. The Generations Series standardfor Comments decorative postt top  Preparedby FEATURES Mounting HOUSING: Heavy- -dutyo cast HIDballasta assemblyn mountedtoa Base slipfits overa aluminum housing andr removable tool- less removablet tray with quick standard3" O.D. tenon and door. As singlec disconnectsf fore ease ofi installation securedviaf stainless steel fastener ont the door andr Widet tool- allen 3G providest towiring less access door provides ample tested. compartment. CAGE ASSEMBLIES: hand andt toolr room fort terminal Cage assembly uprights and block and plug-ins starter Finish medallions arer manufacturedof Available with HID sourcesupto Casta ands spun heavy- duty casta 320W pulse halideor inafive-s stage premium tot the ofthebase 250W high pressures sodium. polyester powder coat housing via four stainlesss steel paint,2 2.5milr nominalt thickness fasteners. Cage rings constructed Optical for superior protection against ofextrudeda aluminum andf finished REFRACTIVE GLOBE: High fadea andy Consulty your housing. TOPS AND efficiency refractive optical systems Streetworks representativef fora FINIALS: multiple constructed lighting grade completes selection ofs standard spuna aluminumo or acrylict tops acrylic, or optional polycarbonate. colors including black, bronze, and casta aluminumf finialsf for Preciselyd designed utilizinga grey, white, dark platinum, customizedf fixture style. Allsolid ofr refractivea and graphite metallic tops arer duty spun reflective prisms to create Type green. RAL and custom color aluminum. Ilorl TypeVo distributions while matches available. The optional twistlock assembly maintaininga offers ofr through form. HIDlightings grade acrylic Efficiency Standards Notice instant tob both thel lamp ensuresl long! lasting optical Selectl arer and ballast cover byt twistingt the claritya and resistancet tothe toUSA and California efficiency topr refractor assembly andI liftingit gradual discolorationt thatresults regulations. Orderingi information fromt then mating! lock plate. frome exposuret tosunlightor UV fort  provided. Thei installeri isr responsible for installationto comply with these regulations.  radiatings sources.  ACN/ARC/CLB GENERATION SERIES 70-320W Pulse StartMetalHalide 50-250W HighPressure Sodium POSTTOP  mm 0)  ING DATA Weight: F)  IDLEWILD RESIDENTIAL EXHIBIT L  EATON ringBusinesWork    GENERATION SERIES  ORDERING SampleNumber:  LampWattage LampType' BallastType'  Refractorfype CageType' 55-TypeV  Finiallype torian chitectura  d277V  parately)  Voltage)  EATON eringBusinesWorts                    Front Elevation Window Examples  Exhibit Q 5/06/19 Idlewild Development Agreement Stallings, NC  Rear Elevation Windows Example    - E  -  I1  ID  IDLEWILD RESIDENTIAL EXHIBIT R    EXHIBIT"S" Lawsi in Effect at the' Time oft the Agreement  1. Town of Stallings Development Ordinance in force as of the Effective Date of this 2. The Development Agreement and Concept Plan approved on! May 13, 2019. 3. Town of Stallings Technical Standards and Specifications Manual in force as of the  Agreement.  Effective Date oft this Agreement.  11990315v3 26265.00011  41    Agenda Item #7-A)  AMENDED BUDGET ORDINANCE- - NO.5 TOWN OF STALLINGS, NORTH CAROLINA FISCAL YEAR 2018-2019  BEIT ORDAINEDI by the Town Council oft the Town of Stallings, North Carolina, that the estimated expenditures  for thef fiscal year 2018-2019: are! hereby amended as setf forth below:  Budgeted, Amendtothe Netincrease  Category  Account Number Amount Followi  (Decrease)  Revenue: Expense: Transportation Department Sidewalks  $ 871,600 $ 947,600  10-20-4510-069  76,000  General Fund Balance. Appropriation 10-99-3991-600 $ 1,665,000 $ 1,741,000 $ 76,000  Explanation: amendment is to appropriate funds fromt the General Fundt to the Transportation Department for additional amount needed for the construction of Chestnut Road sidewalks. This Amendment to the Budget Ordinance shall be effective upon adoption. The said Budget Ordinance, except as amended, shall remain int fullf force ande effect.  ADOPTED this the 13th day of May, 2019.  Wyatt Dunn, Mayor  Erinn Nichols, Town Clerk Approved ast tof form:  Melanie Cox, Town Attorney, Cox Law Firm, PLLC    Agenda Item # 7(B)  AMENDED BUDGET ORDINANCE - NO.6 TOWN OF STALLINGS, NORTH CAROLINA FISCAL YEAR 2018-2019  BEI IT ORDAINED by the Town Council ofthe Town of Stallings, North Carolina, thatt the estimated expenditures  fort thef fiscal year 2018-2019: arel hereby amended as setf forth below:  Budgeted Amend tot the Net Increase  Category  Account Number Amount Following or  (Decrease)  Revenue: Expense: General Government Capital Outlay  $ 1,074,000 $ 1,294,000  $ 220,000  General Fund Balance Appropriation 10-99-3991-600 $ 1,741,000 $ 1,961,000 $ 220,000  Explanation: amendment is to appropriate funds fromt the General Fund to the General Government Department  for the purchase of329 Stallings Road, Stallings, NC. This Amendment to thel Budget Ordinance shall be effective upon adoption. The said Budget Ordinance, excepta as amended, shall remain ini fullf force ande effect.  ADOPTED1 this the 13th day of May, 2019.  Wyatt Dunn, Mayor  Erinn Nichols, Town Clerk Approved ast tot form:  Melanie Cox, Town Attorney, Cox Law Firm, PLLC    Agenda Item #7(C)  TOWN OF STALLINGS  CAPITAL PROJECT BUDGET ORDINANCE AMENDMENT  BEIT ORDAINED byt the Stallings Town Council of Stallings, North Carolina, that the following amendments ber made to the New Town Hall Building and Public Works Building Capital Project Section: 1: To amend the New Town Hall andF Public' Works Capital Project Fund, the expenditures aret to  ordinance. be changed asf follows: Account Number  Increase $42,000  42-90-8190-058 Capital Outlay- Construction Costs  This will result inar net increase of$42,000.00int the expenditures oft the New Town Hall Building and Public Works Building Capital Project Fund. Tob balance the budget, thef followingr revenues will be  increased: Account Number  Increase $42,000  42-00-3990-097 Transfer in from General Fund Town Clerk, and Finance Officer for their direction. Adopted this 13th day of May, 2019.  Section 2: Copies oft this capital project budget amendment: shall be furnished to the Town Manager,  Wyatt Dunn, Mayor  Attest:  Erinn Nichols, Town Clerk  Approved ast to form:  Melanie Cox, Town Attorney    Agenda Item # 9  MEMO  To: Town Council From: Alex Sewell, Town Manager Date: 5/8/19 RE: Employee Safety Bonus  Purpose: This memorandum provides background regarding the requested agenda Background: There was a request toj place employee safety bonus on the agenda for 5/13/19 meeting. Information requested was a cost for doing al bonus similar tol last year and whether the Town could use projected unspent funds in the FY 18-19  item of] Employee Safety Bonus.  Budget to cover this potential cost. To doa 2% bonus: PD: Staff: $29,400 Non-PD Staff: $19,200 All Staff Combined: $48,600  After consulting with the Town's Finance Officer, itis projected that the Town will have enough unspent funds in the FY 18-19 Budget at fiscal year-end to cover this Thank yout to the Council for considering rewarding our officers for their service. In addition, I would recommend consideration of providing a bonus to other Town  cost.  departments too.  1Fors simplicity, cost estimates arer rounded up to ther nearest hundred.