November 13, 2018 Stallings Town Hall 315 Stallings Road Stallings, NC 28104 704-821-8557 www.stalingsnc.org  Stallings  Time 6:00 p.m. Invocation  Item  Presenter Wyatt Dunn, NA Mayor Wyatt Dunn, NA Mayor  Action Requeste/Nextstep  Pledge of Allegiance Call the Meeting to Order  6:05 p.m. Public Comment 1. 6:15 p.m. Consent Agenda Approval  Wyatt Dunn, Approve Consent Agenda  A. Minutes from the following meetings: Mayor  (Alli items ont the Consent/ Agenda are consideredi routine, tol bee enactedk by one motion. Ifar member oft the governing body requests discussion on ofo ani item, the item will ber removed from 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) 09-10-18 (2) 10-08-18 (3) 10-08-18-closed (4) 10-22-18 (5) 10-22-18-closed  2. 6:17 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. 6:40 p.m. Agenda Approval  Wyatt Dunn, Approve agenda as written.  Mayor  (ADD, IFA APPLICABLE: with changes as described by Mayor Dunn) Motion: Imake the motion to: 1) Approve the Agenda as presented; or 2) Approve the Agenda with the following changes:    4. 6:45 p.m. CZ18.08.01 - Epcon Communities  Lynne Hair, Town Planner  Approve/Deny the request Motion:Imake the motion to approve/deny C218.08.01-Epcon Communities.  Request to conditionally: zone a 53-acre tract at Lawyers Rd & Allen Black Rdi in parcels #K8321004, #K8321004A, #D8321004, #D8321004, & #08321003 from SFR-1 to CZ-MU1 to allow) for the construction of a146-lot age restricted development.  A. Open public hearing B. Information from staff ( Comments from the public D. Close publichearing E. Council vote  5. 7:45 p.m. TX18.10.01 = TIA Text Amendment  Lynne Hair, Town Planner  Approve/Deny the request Motion:Imake the motion to approve/deny TX18.10.01- TIAT Text Amendment.  Text amendment adding Transportation Impact Analysis (TIA) language to Development Ordinance as  Article 7.1°5.5.  A. Open public hearing B. Information from staff ( Comments from the public D. Close public hearing E. Council vote  6. 7:55 p.m. Closed Session in Pursuant to NCGS 143-  Wyatt Dunn, Mayor  Hold closed session Motion: Imake the motion to go into closed session pursuant to NCGS 143-318.11(a/15).  318.11(a)(5)  12. 8:05 p.m. Adjournment    Agenda Item # 1.A.  MINUTES OFTOWN COUNCIL MEETING TOWN OF STALLINGS, NORTH CAROLINA  OF THE  The Town Council of the Town of Stallings met fori its regular meeting on September 10, 2018, at Those present were: Mayor Wyatt Dunn; Mayor Pro Tempore David Scholl; Council Members  6:00 p.m. at the Stallings Town Hall, 315 Stallings Road, Stallings, North Carolina.  Kathy Heyse, John Martin, Lynda Paxton, and Deborah Romanow. Those absent were: Council Member Shawna Steele.  Staff present were: Alex Sewell, Town Manager; Erinn_Nichols, Deputy Town Manager/Town Clerk; Chief Minor Plyler; Lynne Hair, Town Planner; Kevin Parker, Assistant Town Engineer; and Melanie  Cox, Town Attorney.  Invocation, Pledge of Allegiance and meeting called to order  Mayor Wyatt Dunn welcomed everyone to the méetinga and'Council Member Romanow delivered  thei invocation. Mayor Dunn then led thePledge of Allegianceand called the meeting to order.  Public Comments  Tracy Summerset, Fairfield Plantation," requested the Gouncil consider an addendum to the animal control ordinance to allowforpot belly pigs as destpuaguminenet had two pot belly pigs since 2011, in a privacy fencedyard. They were domestiçpets-andi not farm animals. The pigs were also allowed  by! her homeowner's: association.  Coundihgldcongensus to delayt the enforcementofi Ms. Summerset's code violation letter until the  Council coulddiscuss the issue.  Marvin Conningham, 6802 Stoney Ridge Drive, lived across from Ms. Summerset since 2011, and had no problem with the pigs. He: statéd no one would even know the pigs existed until they sawi them because there was no pigwaste, no'smell, and no nuisance. Mr. Conningham wanted to provide a  character witness for the pigsandMs. Summerset. 1. Approval of Consent Agenda Items A. 2018 Constitution Week Proclamation B. Domestic Violence Awareness Proclamation 9-11 Remembrance Proclamation* *addedo during motion to approve the Consent Agendo  Council Member Paxton read the 9-11 Remembrance Proclamation aloud into the record. Council Member Romanow made the motion to approve the Consent Agenda Items as presented in addition to adding the 9-11 Remembrance Proclamation to the Consent Agenda. The motion was  12276  September 10, 2018    seconded by Council Member Scholl which passed unanimously by Council. The 2018 Constitution Week Proclamation, Domestic' Violence Awareness Proclamation, and 9-11 Remembrance Proclamation are  attached to these minutes and therefore incorporated herein.  2. Reports  A. Report from the Mayor The Mayor had no report.  B.! Reports from Council Members/Town Committees  Council Member Paxton passed out her report to the CouncilThe report is attached to these  minutes and therefore incorporated herein.  -  Council Member Martin reported that the sewértreatment plantin Country' Woods East was complete. Some residents had also reached out toMr.N Martin concerning flooding areas which he would bring back to Council. He said there was al lot of commuhity discussion about the upcoming Allen Black  Development.  Council Member Romanow gave kudosto stafffor reportsland achievements. She also felt the  newsletter looked good.  Council Member Schollhad no report.  Council MemberHeyse reported thattheParksang Recreation Committee meetings were going well with preparations for Stallings FestShe also stated that the Historical Committee meetings were going well and that they would betravelingtou Union County to look at some records there. Council  Member Heyse alsothanked everyone for the newsletter.  C. Report from Town Manager/Town Departments Town Manager Sewell reported on the following:  Departments achievements would now be on social media.  Newsletter was a great success.  New Town-wide street signs should start being installed in January and completed by June State elected officials meeting-Ameeting date that worked for everyone had proven tol be ac challenge. It was recommended a Stallings group go to Raleigh to meet the constituents in Epcon public hearing and Traffic Impact Analysis would be on the Oct. 8 Agenda.  2019.  New Town Hall Timeline (construction, RFP, LGC approval process)  the. January/February timeframe.  12277  September 10, 2018    3. Agenda Approval  Mayor Dunn requested the following changes to the Agenda:  Tabling Agenda Item 6, 2020-2029 TIP Development Program  Moving Agenda Item 7, Downtown/Old Monroe Road. Small. Area Plan, to Agenda Item 3.A. Tabling Agenda Item 11, Performance Evaluation System, and appointing asub-committee tor review the policies made up of Mayor Dunn and Council Member Paxton and Steele. Council held consensus in the affirmative on the creation of this sub-committee. Adding Agenda Item 13.A. as Closed Session pursuant to NC65143-318.110/9)  Removing Agenda Item 13, Stallings Fest Booths  Council Member Romanow made the motion to approvethe/Agenda with the above listed changes.  Council Member Steele seconded the motion which was passed unanimously by Council.  3.A. Downtown/Old Monroe Road Small AreaPlan  Original Agenda Item 7  Demetri Batches, Metrocology, presented the Downtown/Old Monroe Road Small Area Plan to the Council. Lynne Hair, Town Planner, explainedithis project began last spring and requested the Council  approve the plan. It would then become a gegeyppenne  The Downtown/Old Monroe Road Small'Area PbnsatachedtD:hese minutes and therefore Council Member Scholl made the motion to accept and adopt the Downtown/Old Monroe Road Conceptual SmallAréa Plan as presentedhhe.motion received Council's unanimous support after a second  incorporated herein.  from CouncilMember Romanow.  Councilheld consensus toredevélop: the Stallings Park to coincide and mesh with the new  Downtown/Old Monroe Road SmallArea Plan.  4. TX18.06.02 Accessory Structures  Mayor opened the publichearing. Town Planner Lynne Hair explained this was a request from staff for a text amendment to Article 2.10-2 No Accessory Structure in Setback and Article 8.4-2 Single Family Residential Districts (SFR-1, SFR-2, SFR-3) to clarify and create consistency for accessory structures in the  ordinance. The Planning Board recommended approval of the text amendment.  There were no comments from the public. Mayor Dunn then closed the public hearing. Council Member Martin made the motion to approve TX18.06.02. Accessory Structures. The motion was seconded by Council Member Romanow and approved unanimously by Council. TX18.06.02 Accessory Structures  Ordinance is attached to these minutes and therefore incorporated herein.  12278  September 10, 2018    Council Member Romanow made the motion to adopt the Statement of Consistency and Reasonableness: for TX18.06.02 to which Council Member Paxton seconded. The motion was passed unanimously. The Statement of Consistency and Reasonableness for TX18.06.02 is attached to these  minutes and therefore incorporated herein. 5. Payand Classification Study  Town Manager Sewell explained that this item was tabled from a prior meeting. The request was to After Council discussion on the necessity of this study,Council Member Romanow made the motion to approve entering into contract with the MAPS Group foraPaya and Classification Study. Council Member Heyse seconded the motion. The motion passed by a3to2 2 votewith Council Members Paxton  use the MAPS Group to conduct a Pay and Classification Study.  and Scholl opposing.  6. 2020-2029 TIP Development Program This item was tabled during the Agenda. Approval. 7. Downtown/Old Monroe Road SmallArea Plan  See Agenda Item3.A: 8. Downtown GrantFunds  Town Manager Sewell reminded the Council that the Town had received a state grant for economic development/owntowntown.eytalzation to be used for theCEM Small Area Plan. The Town requested $30,000butthe state awardedthe Town$50,000 for these efforts. He requested the Council select how it  would like to use the remaining $20,000.  Council Member Romanow made the motion to use the remaining $20,000 in grant funds for the engineering and permitting necessaryfor the Town Hall Streetscape. The motion received the Council's  unanimous support after a sécondjfrom Council Member Heyse.  9. Whetstone Road Abandonment Resolution  Town Planner Hair explained the Town received a request for aroad abandonment on approximately .474-acre portion of Whetstone Drive. While this road was ini the Town's maintenance system, it was not built to Town standards and the portion being requested for abandonment was noti in  good condition. 12279  The process for right of way abandonment was three-step and involved thei following:  September 10, 2018    1. Council adoption of a resolution and calling for a public hearing date to be established. 2. The resolution would then be published fori four consecutive weeks prior to the hearing, and  acopy of the resolution posted on the property for the same period.  3. Public hearing be held. (Oct. 8, 2018)  The applicant, Chestnut of Union, LLC was requesting the abandonment to utilize the property asa a portion of their proposed development to be located on adjacent properties. By request of Council, the applicant conducted an appraisal to assess value of the land and it was established by the applicant's  appraiser that the land was valued at $31,000.  After Council discussion, it held consensus to request $50,000 for the property.  Council Member Scholl made the motion to adoptheywhetstone Road. Abandonment Resolution which was seconded by Council Member Romanow. Themotion received. Council unanimous support. The Whetstone Road. Abandonment Resolution is attachedtot these minutes andtherefore incorporated  herein.  10. Road Resurfacing Bids Contract  Assistant Engineer Parker explained that on August 29, 2018-bids were received and opened for 2018 road resurfacing project.Theproject wasfort the resurfàcing of .93miles. Three bids were received,  and Red Clay Industries wasthe lowestbidder at $345,432.09.  Council Member Romanow madethe motionto, authorize the Town Manager to execute a contract for the 2018 Road Resurfacing Projèct-with Red Glay Industries for $345,432.09. A second was made by  Council Member Paxton and the motionwas passèd unanimously.  11. Performânce EvaluationSystem: B. Performance Pay Policy  A. Performance Review and Employee Development Program C.E Employee Certifiçationt and Training Policy 12. NCLM Annual Conference Voting Representative  This item was tabled during Agenda Approval and assigned toasub-committee) for review. Council Member Romanow made the motion to appoint Council Member Scholl as the NCLM voting representative for Stallings at the NCLM 2018 Annual Conference. The motion was seconded by  Council Member Heyse and passed unanimously by Council.  13. Stallings Fest Booths  This item was removed during Agenda Approval.  12280  September 10, 2018    13.A. Closed Session pursuant to NCGS 143-318.11(a)3)  Council Member Romanow made a motion to go into closed session pursuant to NCGS1 143- 318.11(a)(3) which was seconded by Council Member Heyse. The motion was passed unanimously by  Council.  Council went into closed. session at 8:32 p.m. and reconvened in open. session at 8:38) p.m. Council Member Scholl made the motion to authorize Town Manager Sewell to sign the consent order in 18CVS985 Town of Stallings V. Wendover at Curry Place HOAInc. resolving the condemnation case for a payment of $5,000. A second was received by Coundil:Member Romanow. The motion  received Council's unanimous support.  14. Adjournment  Council Member Paxton moved to adjourn themeeting, seconded by Council Member Scholl,  and the motion received unanimous support. The meetingwasagjoumed at 8:39 p.m,  Approved on November: 13, 2018.  Wyatt Dunn, Mayor Approved astot form: Cox Law Firm, PLLC  Erinn E. Nichols, Town Clerk  12281  September 10, 2018    Agenda Item #1A.(2)  MINUTES OF TOWN COUNCIL MEETING TOWN OF STALLINGS, NORTH CAROLINA  OF THE  The Town Council of the Town of Stallings met for its regular meeting on October 8, 2018, at 6:00 Those present were: Mayor Wyatt Dunn; Mayor Pro Tempore David Scholl; Council Members Staff present were: Alex Sewell, Town Manager; Chris Easterly, Town Engineer; and Brian Price,  p.m. at the Stallings Town Hall, 315 Stallings Road, Stallings, North Carolina.  Kathy Heyse, John Martin, Lynda Paxton, Deborah Romanow, and Shawna Steele.  Public Works Director.  Invocation, Pledge of Allegiance and meeting.called to order  Mayor Wyatt Dunn welcomed everyone tothe meeting and deliveredthe invocation. He then led  the Pledge of Allegiance and called the meeting to order.  Public Comments  There was no one present to give public comment. 1. Approval of Consent-Agenda Items A. Minutes fromthef followingmeetihgs (1) 08-13-18 (2) 08-13-18-dosed (3)09-10:18 (4) 09-10-18- closed (5) 09-24-18 (6).09-24-18- - closed,  B. Downtown/Old Monroe Road Small Area Plan  Council MemberPaxton requested the 09-10-18 minutes, Agenda Item 1.A.(3), be removed from the Consent Agenda to confirma a motion. Council Member Steele made the motion to approve the Consent Agenda as amended above. The motion was passed unanimously after as second from Council  Member Romanow.  2. Reports  Reports were given by the Council and Town Manager Sewell. Council requested staff obtain the following of Union County concerning the Union County Fire Service District Funding Information:  Breakdown of all money collected in each fire district and amount of money spent in  each fire district  12331  October 8, 2018    Breakdown of who had control over funding decisions - the Volunteer Fire Department  or Union County.  3. Agenda Approval  Council Member Steele made the motion to approve the. Agenda changing Agenda Item 11, Closed. Session Pursuant to NCG5143318-11019, to Closed Session Pursuant to NCGS. 143.318- 11(a)(4). The motion received Councilsunanimous support after a second from Council Member  Romanow.  4. Whetstone Right-of-Way  Mayor Dunn opened the public hearing. Council Member Steele made the motion to recess the public hearing on this item until October 22, 2018 whichwas seconded by Council Member Romanow.  The Council passed this motion unanimously.  5. Monroe Expressway' Tolling Presentation  Warren Cooksey, NCDOT, was présenttoexplaint theMonroe Expressway Tolling Process to the  Council. Mr. Cooksey presentation is attachedandt thereforeincorporated herein.  6. Traffic Impact AnaSB/TA/Adoption,  Steve Blakeney withXimley-Horh.preentedtheyAt to the COuncil. His presentation is attached to these minutes and thereforè-ncorporate herein. Council Member Paxton made the motion to adopt the TIA with Council MesemageancTe motion passed unanimously by Council.  7. Streèt Signage DesignSelection  Public Works Director Pricepresentedthe Council with three options for Stallings street signs. The  Council held consensusto utilize the "bottle green" signage color for the street signs.  8. Annexation 51 -Fundérburk Road A. Certificate of Sufficiency  The Council was presented with the Certificate of Sufficiency for Annexation 51 -F Funderburk Road. The Certificate of Sufficiency for Annexation 51 -F Funderburk Road is attached to these minutes and  therefore incorporated herein.  B. Resolution Fixing the Public Hearing Date  Council Member Romanow made the motion to approve the Resolution Fixing the Public Hearing Date for Annexation 51-Funderburki Road. The motion received Council unanimous support aftera  12332  October 8, 2018    second from Council Member Steele. The Resolution Fixing the Public Hearing Date for Annexation 51-  Funderburk Road is attached to these minutes and therefore incorporated herein.  9. Ordinance 91.15 - Keeping of Certain Animals  Council Member Martin explained Council had received a request from al Fairhaven resident to change Ordinance 91.15- - Keeping of Certain Animals to allow for pot belly pigs as pets. Council held consensus to send the Fairhaven HOA a letter advising them oft the complaint and requesting their plans to  address the situation. The Council would give the HOA 90 daysitoréspond.  10. Balanced Scorecard  Town Manager Sewell explained he would liketo create and implement a Balance Scorecard for the Town. A memo explaining this program is attached tothese minutes and therefore incorporated herein. The Council voted unanimously tol haveTown Manager Sewell create a Balance Scorecard for the Town of Stallings after a motion by Council MemberRomanow: and a second by Council Member Heyse.  11. Closed Session Pursuanttol NCGS 143:318-11414)  Council Member Romanow made the motion togo into closed session pursuant to NCGS143.318-  11(a)(4). The motion was seconded by Council Member. Steele and passed unanimously.  Coundlwentintodosgd. sèssion and reconvened popen session.  12. Adjourhment  Council Member Scholl moved, to adjourn the meeting, seconded by Council Member Paxton, and the motion received,unanimoussupport. The meeting was adjourned at approximately 8:15 p.m.  Approved on November13,2018.  Wyatt Dunn, Mayor Approved as to form: Cox Law Firm, PLLC 12333  Erinn E. Nichols, Town Clerk  October 8, 2018    1.A.  Agenda Item #4)  MINUTES OFTOWN COUNCIL MEETING TOWN OF STALLINGS, NORTH CAROLINA  OF THE  The Town Council of the Town of Stallings met fori its regular meeting on October 22, 2018, at 6:00 Those present were: Mayor Wyatt Dunn; Mayor Pro Tempore David Scholl; Council Members John  p.m. at the Stallings Town Hall, 315 Stallings Road, Stallings, North Carolina.  Martin, Lynda Paxton, and Deborah Romanow.  Those absent were: Council Members Kathy Heyse and Shawna Steelên  Staff present were: Alex Sewell, Town Manager; Erinn Nichols, DéputyT Town Manager/Town Clerk;  Chief Minor Plyler; Chris Easterly, Town Engineer; and Marsha GrogFinancOficer.  -  %  Invocation, Pledge of Allegiance and meeting calledao order  Mayor Wyatt Dunn welcomed everyone to the méeting and delivered the invocâtion. He then led  the Pledge of Allegiance and called the meeting to order.  Public Comments  No one was present for public commentz  Mayor Dunn expressed his disappointment'at thepfesstomnoplaintg the information about the new  hospital in Stallings in a prominéntplace.ont the newspaper.  1. Agenda Approval  Town ManagerSewell oichanssmptiem 9.A., Communications Task Force. Council  -   Member Council's  approve the. Agenda with above noted change. The motion received  Council Member Romanow.  2. Amexatol-Funderuk  Mayor Dunn openèd the publichearingi for Annexation 51-F Funderburk. Per applicant'srequest, Council Member Paxton made the motiontor recesst the publicl hearing until February 11, 2019. The motion was seconded  M  by Council Member Romanow: and passed unanimously.  3. 2020-2029 Transportation Improvement Program  Neil Burke, Planning Coordinator, CRTPO, presented the Council information on the 2020-2029 Transportation Improvement Program. The 2020-2029 Transportation Improvement Program presentation is  attached to these minutes and therefore incorporated herein.  12354  October 22, 2018    4. Quarterly Financial Update  Finance Officer Marsha Gross presented the Council with the Quarterly Financial Update. Mrs. Gross also reported the audit went well however there was one finding regarding a missing pre-approved audit stamp on a few documents. Procedures had been developed sO that the stamp was not excluded from invoices in the future. The Quarterly Financial Update ending September 30, 2018 is attached to these minutes and therefore incorporated herein. ached to these minutes and therefore incorporated herein.  5. New Town Hall Financing RFP  Finance Officer Gross suggested the following regarding the Reguest for Proposals for the financing for  the New Town Hall:  Citing the loan amount at $3M to allow for areasonable buffer  Exploring 7-a and 10-year terms given thecash flow complicationswith the Pleasant Plains/Potters Road repayment fromthé.state and.county and theother.major Requesting annual principal payments and" monthly intèrest payments to allow for peak  transportation projects on the horizon  cash flow periods  Not considering proposals withprepayment penaltiés Nov. 14- - RFP published in thenewspaper Nov. 29 deadline for RFP Jan. 9-16ÇpbpollefTownl loan   Dec.    10- Council to approve finangalastpotopapdi loan terms  Council held Town Hall financing proposals.  meetinonMonday, Dec. 3at7 7 p.m. to discuss the New  Council Member Românow madèthe motion to have the Financing RFP published in the newspaper with the abovelisted perimeterson Nov. 7,The'motion was passed unanimously after a second by Council  Member Martin.  6. Town Hall Stréetscape  Town Manager Sewellreminded the Council that it had chosen to use $20,000 of grant funds to fund the planning and enginéering for the Town Hall Streetscape. Town Engineer Easterly would be doing the civil engineering on the project. Town Manager Sewell recommended using Destination by Design for all other engineering, design work, and construction documents on the project scheduled to be completed  by Summer 2019.  Inc order utilize Destination by Design, Town Manager Sewell recommended approving the Resolution to Waive the Mini Brooks Act and to agree to the addendum of the Destination by Design Town  12355  October 22,2018    Center Master Plan contract to include the additional services for the Town Hall Streetscape design nott to  exceed $20,000.  Mayor Dunn read the Resolution to Exempt the Town of Stallings from the Competitive Proposal Provisions of NCGS 5143-64.31 to use Destination by Design for the Town Hall Streetscape design into the record. Council Member Romanow made the motion to approve the Resolution to Exempt the Town of Stallings from the Competitive Proposal Provisions of NCGS $143-64.31 to use Destination by Design for the Town Hall Streetscape design and to approve the addendum to the Destinatiôn by Design Town Center Master Plan contract. The motion was seconded by Council Member Scholl and passed unanimously by the  Council.  The Resolution to Exempt the Town of Stallings from théGompetitive Proposal Provisions of NCGS $143-64.31 to use Destination by Design for the Town HallStreetscape design is attached to these minutes  and therefore incorporated herein.  7. Transportation Improvement Analysis (TIA)  Town Engineer Easterly reminded the Councilthat it adopted TIA Ordinance ati its meeting in October. The TIA outlined the technical methodolggy, policyand procedures for traffic impact analysis for potential development. Due to this document, Engingeasterlywoold be advertising an RFQ for at traffic engineering firm so that the Town couldhave a short listof qualified firms to be utilized on a rotating basis to  conduct TIAS as developmentçamet to the Town.  Currently, adeveloper wbagtacppePery at Chestnut and Wecdington-Mathews Road. ATIA was warranted duetonenature@hbe intersection. Due to the fact that the Town had yet to approve a list of qualifiedfirms to producaAanit-he developer had an aggressive schedule, the developer had requested the Townutilize the Desigh Resource Group to develop a TIAI for that intersection. Therefore, staff requested the Counciladopt the Resolution to Exempt the Town of Stallings from the Competitive Proposal Provisions of NC655143-643140150 Design Resource Group for the TIA at Chestnut and Weddington-  Matthews Road not to exceed $25,000.  After Council discussion, Council Member Paxton made the motion to change the resolution to utilize Kimley Horn for the TIA at Chestnut and' Weddingion-Mathews Road. The motion was passed unanimously  after a second by Council Member Martin.  Council Member Paxton made the motion to change the resolution to a price not to exceed $35,000.  Council Member Romanow seconded the motion which was passed unanimously.  12356  October 22, 2018    Council Member Romanow made the motion to approve the Resolution to Exempt the Town of Stallings from the Competitive Proposal Provisions of NCGS $143-64.31 to use Kimley-Horn for the TIA at Chestnut and Weddington-Mathews Road and to authorize the Town Manager to goi into contract with Kimley-Horn for the TIA project on at Chestnut and' Weddington-Mathews Road. Council Member Paxton  seconded the motion. The motion received Council's unanimous support.  The Resolution to Exempt the Town of Stallings from the Competitive Proposal Provisions of NCGS $143-64.31 to use Kimley-Horn for the TIA: at Chestnut and' Weddington-Matthews Road is attached to these  minutes and therefore incorporated herein.  8. Closed Session Pursuant to NC65143318-11815) Council Member Romanow made the motion to goi  pursuant to NCGS 143.318-  11(a)(5). Council unanimously passed the motion after aseçond by Gouncil Member martina      Council went into closed. session at 8:06 p.m. and reconvened in open session at 8:17p.m.  9. Whetstone Right-of-Way  Mayor Dunn opened the public! hearing. Council MemberPomanoymade the motion to recess the public hearing until January 14, 2019. Themotionrecelved' Coundi'sunanimous support after a second by Council  Member Scholl.  9.A. Communications  Town ManagerSewell explaineditothe Coundilthat through a Communications Task Force Committee chaired by Deputy Town ManagerNichol,lwas decided to not refill the Communications Specialist position and disburse the dutiès among the currents staff. Council held consensus to concur with this decision.  3  10. Adjournment  Council MemberScholl moved to adjourn the meeting, seconded by Council Member Romanow,  and the motion received unanimous support. The meeting was adjourned at 8:25 p.m.  Approved on November 13, 2018.  Wyatt Dunn, Mayor Approved as to form: Cox Law Firm, PLLC 12357  Erinn E. Nichols, Town Clerk  October 22, 2018    Agenda Item #. 4-   PLANNING &Z ZONING TOWN of STALLINGS  Town of Stallings Zoning Staff Report  Case: CZ18.08.01 Reference Name Request Existing Site Characteristics Applicant Submittal Date Location Tax ID(s)# Plan Consistency Recommendation Background  Epcon Communities Proposed Zoning CZ-MU1 Proposed Use Existing Zoning R-20 Existing Use Site Acreage Epcon Communities August 1,2018 Land Use Plan Designation Planning Board Town Council  Single Family/Multi Family  Number ofLots 146 (108 SFR/24 Duplexes/14 Flex)  Vacant Land 50.385  Property Owner(s) Griffin, Gunn  Lawyers Road @ Allen Black Road  K8321004, K8321004A, D8321004, D8321004A, 08321003  Walkable Neighborhood  Onl March 18,2018, Epcon Communities presented: ar request to Town Council for conditional: zoning on property located at Allen Black and Lawyers Road. At this meeting several members of the community were present to speak concerning the proposal. The Town Council made a unanimous  decision to deny the project based on the following: 1. Concerns for traffic impact to adjoining roads.    2. Concerns fori impact to adjacent neighborhoods.  3. Buffering between the proposed development and the Stevens Mill neighborhood.  4. Storm' Water Impact 5. Impact on Home' Values  The Stallings Development Ordinance has since been updated and allows for resubmittal of a conditional zoning request to occur in 4months of a decision being rendered. Epcon has resubmitted the site plan considered and subsequently denied for conditionalzoning on March 18, 2018. No changes have been made to the site plan. However, the amount of funds they are offering to contribute towards road improvements has been increased from $50,000 to  $250,000. Request:  Epcon Properties has submitted a conditional zoning application that will allow the following properties to be rezoned from R-20 (single family) to CZ-MU1 (conditional mixed residential): Griffin properties, K8321004, K8321004A, D8321004, D8321004A; Gunn property, 08321003. The applicant'sintent ist to develop a: 146--lot mixed residential development consisting of 107: single  family units, 24 duplexes and 14 flexl lots.. Propertylocation/ Existing Conditions:  The subject property is located. south-east of the I-485 Lawyers Road interchange, north-west of Stevens Mill Road. The unit of land that would connect this neighborhood to Allen Black Road isi in unincorporated Union Countya and the Town of Mint Hill. All involved propertyisz zoned R-  20. North  Zoning and Use of Adjacent Property:  R-20/Residential Low Union County  Field Lark Trail Subdivision  As single-family subdivision. Minimum lot size 1 acre1/2acre. Asingle-family subdivision. Minimum lot size 20,000 sq. feet. Asingle-family subdivision. Minimum lot size 20,000 sq. feet. Lot sizes overan  Density  South  SFR1/Residential Low Town of  Willowbrook Subdivision Stevens Mill Subdivision Individual residentialt tracts acre. fronting Allen Black Rd.  Density  Stallings  East  SFR1/Residential. Low Town of  Density  Stallings  West  R-20/Residential Low Town of Mint  Density  Hill    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 in one connected community. These neighborhoods include an mixture 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. Community! Meeting  Arequirement 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. Epcon Communities held the required community meeting on August 20, 2018a at  6:00 pm. A copy oft the required community meeting report is attached.  ZONING REQUIREMENIS/SITE PLAN ANALYSIS  Requested Zoning:  CZ-MU1 is an area zoned for mixed residential use to include single-family andi multl-amilyhousing types. The requested conditional zoning will allow for a minimum lot size of 5,800 square feet  Proposed Development Standards  Number of] Lots Minimum Width Minimum Lot Area 5,800 Front Setback Rear Yard Setback 10' Side Yard Setback 5' Open Space Density  1461 total 107 Single Family 241 Duplex Units 14] Flex] Lots Lot 53' Yard 20  17.5 acres/35% 2.87 units per acre  Proposed Density of Project  The applicant is proposing a density thati is 2.96 units per acre. Nearby developments are consistently 2 units per acre (Stevens Mill, Willowbrook). Other large acreage tracts also define  the land use pattern of the area.  Open Space/Dedication of Land for Park, Recreation and Open Space    Article 21 of the Stallings DO require 7.5% open space for the proposed project. When applied to the subject site; a minimum of 3.78 acres would need to be set aside as open space. The submitted site plan shows 17.50 acres of open space, exceeding the minimum requirements. Article 21.30 oft the Stallings DO requires park land be provided on the site at a rate of 1/35thofa an acre per dwelling unit. The applicant is proposing to construct 146 units, which equals 4.178 acres. The Town would require that this acreage be dedicated to the Town for use as parkland in circumstances where the property can be utilized and accessed by all residents of the Town. When this criterion cannot be met, there is an option to paya ai fee in lieu of parkland that is based The ordinance also requires that open space areas accessible and developed in one of the  on the tax value of the property.  Street Trees/Project Boundary Buffers/Tree Save Requirements maturing tree required for every 80 linear feet of street frontage  Street trees are required along all street frontages for all new developments. One large  The applicant is proposing a 30' project boundary! bufferaround the entire project. A20' street The Stallings UDO Article 11.8-3 requires at tree conservation area of 6% with requirements that encourage saving trees that are 4" DBH or greater and located in buffer yards. The required 6% equates to 3 acres oft the: subject property. The submitted site plan shows 17.50 acres of open space, exceeding the minimum requirement. The applicant intends to incorporate this acreage into his open space area, which is permitted by the DO. Ifapproved, a tree: survey showing tree  buffer is also required.  cover will need tol be submitted as a part oft the permitting process.  Connectivity/Roads  The Stallings DO encourages connectivity between developments and/ort to adjacent vacant land. The submitted site plan provide fori this connectivity where adjacent to vacant land. Road improvements int the form of turn lanes and accel/decel lanes will possibly be required by The entrance road into the proposed project will be located approximately 500' from the Stevens Mill Road/Lawyers Road intersection. Staff is concerned with the impact this will have  NCDOT if the development is approved  on traffic patterns in the area where congestion already exists.  Traffic Impact  Kimley Horn conducted a TIA based on NCDOTTraffic Generation Manual iti is anticipated that  the proposed development will generate the following trips:    LAND USE  SIZE  DAILYTRIPS 785  PEAK HOUR TRIPS AM ENTER EXIT 18 36  Senior Adult Housing/ 146DU Detached Housing (ITE 251)  PM ENTER EXIT 40 25  The study also revealed that the current level of service ini the area ranges from C-F( (see pages 10-16) and will decrease as a result of the proposed subdivision, barring no roadway  improvements. be required:  In order to alleviatei the impact oft the development, the following roadwayi improvements will  1. Lawyers Road and Stevens Mill Road (Town Request) 2. Lawyers and Site Drive 1 (entrance off of Lawyers Road)  Construct as eastbound right turn lane on Lawyers Road with 175 feet of storage Construct the southbound approach of Sight Drive 1 with one ingress lane and one Construct northbound right turn lane with 100' of storage and appropriate taper. Construct a concrete median to restrict access to right-in/right-out. Construct the westbound approach of Sight Drive 2 with one ingress lane and one Re-stripe the westbound right turn lane to provide a shared through right lane. Re-stripe the western leg of the intersection to provide two west bound receiving Extend the southbound right turn lane to provide 175' of storage and appropriate  and appropriate taper.  egress lane fright-in/right-out) only.  3. Allen Black Road and Site Drive 2 (entrance off of Allen Black)  egress lane (left-right).  4. Lawyers Road and Allen Black Road  lanes. taper.  Stormwater  Due to flooding potential ini the area, staff requested the applicant provide a copy of their preliminary stormwater study. The Town Engineer reviewed and had the following comments: Ireviewed the HydroCad report for the 6stormwater detention structures associated with the Epcon site. The. 2 through. 50 year, 6hr Type I storm event. runoff release rates are routed through the Sand Filter and Wet Pond basins without overtopping. The basins attenuate (reduce) the outlet flow rates from the inflow) flow rates based on the grade assumptions provided. Ifthe project was to movej forward, the basin sizes may have to be revised per more accurate final grade informationj from field survey.    The. Stevens Mill properties that are inj proximity downstream will see reduced flow rates with the corresponding storm events. Looking at the HydroCad reports the attenuation (reduction) rates vary from a low of 51% (sandj filter #250yr.)to a high of 99% (wetpond  #42yr.)  Potential Impact on Local Schools  When considering the need for additional classroom. space, Union County Public Schools usesa a formula based on demographics' to determine whether a proposed development willi increase the student population to that schools watch or cap level. Comments received from Don "The proposed 146 sfu will be within the following school attendance areas for the 2018-19  Ogrom with UCPS are as follows:  school year:  Stallings Elementary: School Porter Ridge Middle School Porter Ridge High School  Stallings ES is currently at 77% capacity. However, both Porter Ridge MS and Porter Ridge HS are above 95% capacity and are no longer accepting transfers per Board of Education policy. Additional residential construction could push these two schools above their maximum capacity. High enrollments contribute to problems such as additional mobile classrooms, inadequate capacity for food service and restroom facilities, rationing of access to the media center, insufficient parking and queuing space for parents to safely deliver or pick up their  children, and inadequate planning/meeting space for additional staff."  However, the proposal for a! 55+ community will have minimal impact on schools compared to a  traditional ngle-lamlydevelopment. STAFF COMMENTS AND RECOMMENDATION  The proposed development, as revised meets the goals and objectives set forth byt the Stallings  Comprehensive Land Use for Walkable Neighborhoods.  Concerns  Storm Water-S Storm water issues exist in the area. Flooding is common in parts of the Stevens Mill neighborhood and along Lawyers during heavy rain events. Storm water controls willl be an important component of the proposed development if approved. Proposed location of storm water facilities along Stevens Mill Road, need to ensure  these are designed to aesthetically enhance the area.    Traffic-Staff has a concern with the location of the project entry drive and its proximity tot the intersection of Lawyers and Stevens Mill. This intersection is heavily traveled and is.currently under designed. Adding 146 homes to the area will further increase the difficulty residents experience in attempting to maneuver this area. However, the Entry Drive - The proposed entry drive is within 500' of the Stevens Mill/Lawyers Road intersection. Staff is concerned that the additional cars produced by this development  donation of $250,000 will help solve this issue. will create an unsafe situation for residents.  Ifapproval is considered by the Board, Staff would recommend the 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 all requirements as established by permitting agencies 2. Aberm will be built along Lawyers Road within the required street buffer. This will increase the buffer width to accommodate construction of the berm to be built 4.5'in 3. A pedestrian connection will be provided in the stream buffer area, connecting to properties to the west. Exact location and design will be determined by developer and staff during the permit review process. Trail and access easement will be constructed of  height with a 3't top width.  asphalt or concrete.  4. Aboulevard entry drive will be required off Lawyers Road.  5. Pocket parks will be located throughout the project that provide gathering opportunities for residents. Design elements may include, but not be limited to, benches, gazebos, landscaping, outdoor games such as cornhole, horseshoes, pickleball etc., BBQ grills, picnic tables, firepit areas, walking trails, dog parks. Actual amenities will be designed and approved by the applicant staff during the permitting review process. 6. All foundations will have a minimum 18 inches of exposed brick or stone on all four sides oft the house. No vinyl siding will be permitted on homes. Elevations will match those 7. Agrading plan prepared by al landscape architect showing grading that preserves the natural topographyand eliminates the need for v-ditches. The submitted plan must meet the satisfaction of the Town as approved by the Development Administrator prior 8. The minimum square footage for homes within the development will be 2,200 square feet for a two-storyhouse, and 1,800 square feet fora ac one-storyhouse.  submitted and presented to Council as a part of the zoning request.  toi issuance of a permit for construction.    9. The following improvements identified by NCDOT for the project will bei installed at the developer's expense prior to approval of the first final plat for the subdivision, in accordance with NCDOT: standards fort timing of offsite improvements: Lawyers Road and Stevens Mill Road (Town Request) Lawyers and Site Drive 1 (entrance off of Lawyers Road)  Construct as eastbound right turn lane on Lawyers Road with 175 feet of  storage and appropriate taper.  Construct the southbound approach of Sight Drive 1 with one ingress lane and Construct northbound right turn lane with 100' of storage and appropriate Construct a concrete median to restrict access to right-n/fight-out. Construct the westbound approach of Sight Drive 2 with one ingress lane and Re-stripe the westbound right turn lane to provide as shared through right lane. Re-stripe the western leg of the intersection to provide two west bound Extend the southbound right turn lane to provide 175' of storage and  one egress lane (right-in/right-out) only.  taper.  Allen Black Road and Site Drive 2 (entrance off of Allen Black)  one egress lane (left-right). Lawyers Road and Allen Black Road  receiving lanes. appropriate taper.  10. A multi-use path will be installed along the property's frontage on Stevens Mill Road as required by the Stallings DO and Pedestrian Plan. Right of way will be acquired and a sidewalk connection made along Lawyers Road from this multi-use path to the entrance  of the Stevens Mill subdivision.  11. Internal sidewalks will be constructed pert the Stallings DO. Developer has also committed toi installing sidewalks on both sides of the street.  12.A30' project boundary buffer will be provided where adjacent to existing single-family residential. This buffer will incorporate existing vegetation were possible. A tree survey showing that existing vegetation will provide the minimum planting standards of the Stallings DO. Where existing vegetation will not adequately provide a buffer in this area, an alternative planting plan showing compliance with the Stallings UDO willl be provided. 13. Agrading plan prepared by a landscape architect demonstrating both positive drainage characteristics and smooth grade transitions to avoid abrupt "V ditches, swales, and other disruptions to the landscape, particularly between dwellings will be provided as part of site construction plans for permitting. This plan willl be completed to the satisfaction of the Town as approved by the Development Administrator.  Development Standards for the project will be as follows:    Permitted Use Minimum Lot Width Minimum Lot! Size Total Number of Lots Front Yard Setback Rear Yard Setback Side Yard Setback Building Height Project Boundary Buffer Open Space Tree Save Area  Mixed Residential 53' 5,800 146 20' 10' 5;10 corner 35' 30' around perimeter 20% 10%  20' at Stevens Mill with planted berm    REVISIONSI FROMC ORIGINAL SUBMISSION Lots removedf fromlawyers Roadentrance. DividedB Boulevardp provided. Provided7 7acresofT Tree Çonservation/ Area Reducedr numberoflotsf from 149101 146. CentralPark area witht terminalv vistaa atir intersecionoflawyers Road. Exteriorg perimeterb bufferi increasedf from1 10'1030. PocketParksa andv Walking Trails penhopaahoaate community. Pedestians sidewalks providedo onboths sidesc ofthes street. $250, 0001 lowardu theN NCOOT forc offsitei improvements atLawyers Rda 485 interchange. 10. Additional detentionprovided, exceeding Stater requirements.  tabbies B  W.  a    =  Overall. Site and Pedestrian. Amenities  ERCON Couriyards Lanyers  Viz    Lanyers Road Entranc, Pond, Pedeshrian Walks, and. Sitting Area  S ERCON Courtyards Lanyers  Viz    Entrance Monument, Sign Rigbt Side  Entrance Monument Sign - Lef. Side ERCON Courtyards Layers  Viz    Central. Park. Aeria! View  ERCON Courtyards Lanyers  Viz    Central. Park. Lawn and Pergola. Sitting Area ES ErCON Courtyards Lanyers  Viz    Central Park Pavilion and. Sitting Area S ERCON Courbyards Lanyers  Viz            a LTe  180)-or  Typical. By-Right Development  Typical Pmposed Development ERCON Courlyards Lanyers  Viz    PROPOSEDACERESINCTD, DEVELOPMENT  APPROVEDBY-RIGHT SFR-1ZONING  YARHTHFRIZOANG OFEET RIGHT  RICTION    S  ta Ba  TRS    PRE-DEVELOPMENT DRAINAGE. AREA MAP  POST.DEVELOPMENT DRAINAGE. AREA MAP    COMMUNITY MEETING REPORT Applicant: EPCON Communities Rezoning Application No. CZ18.08.01  This Community Meeting Report is being filed with the' Town of Stallings Planning Department  pursuant to the provisions ofthe" Town ofStallings Development Ordinance.  DATE.TIMEAND! LOCATIONOFMIEETING: located at 315 Stallings Road, Stallings, North Carolina.  The Community Meeting was held on Monday, August 20, 2018 at the Stallings Town Hall PERSONS IN ATTENDANCE ATI MEETING (see attached copy ofs sign-in sheet): The Community Meeting was attended by those individuals identified on the sign-in sheet attached hereto as Exhibit A. The Applicant's representatives at the Community Meeting were Bob Kardos of the Applicant, Vince Keene of Yarbrough-Wiliams and John Carmichael of  Robinson Bradshaw & Hinson, P.A. SUMMARY OF ISSUES DISCUSSED:  The Applicant's representatives utilized a power point presentation during the Community Lynne Hair, Town Planner, welcomed everyone to the Community Meeting. She stated that the Community Meeting is the first step in the rezoning process. She stated that the Applicant will share its development plan and answer questions. Ms. Hair stated that there will be two. more meetings in this process. The Planning Board will consider this Application at its meeting on September 18, 2018, and the Public Hearing on this Application will be held before the Town Council on October 8, 2018. Ms. Hair stated that there will not be a decision on this Application Bob Kardos of the Applicant, EPCON Communities, then addressed the meeting. Mr. Kardos thanked everyone for attending the meeting. Mr. Kardos stated that he is the Regional President of EPCON Communities. Mr. Kardos stated that the proposed project is an age-restricted Mr. Kardos stated that EPCON Communities has obtained the approval from the Town of Stallings ofa by right subdivision plan for the site that is the subject oft this Application. Under the by right plan, 64 single-family homes could be developed on the site. The site is currently Mr. Kardos stated that the proposed age-restricted community is an alternative to the by right Mr. Kardos stated that a traditional single-family home is typically occupied by adults and An age-restricted community is occupied primarily by residents that are 55 years of age or older. Under the law, 80% of the occupants in an age-restricted community must have one member of Mr. Kardos stated that the attendees will recall that EPCON attempted to obtain the approval of an age-restricted community on this site earlier this year. Mr. Kardos stated that the site plan for  Meeting, a copy ofv which is attached hereto as Exhibit B.  tonight.  residential community that would be called the Courtyards on Lawyers Road.  zoned SFR-1, which allows for 20,000 square foot single-family lots by right.  development plan.  children and iti is typically located on al larger lot. the household that is 55 years of age or older.  11132821vl 26139.00011    the proposed age-restricted community has been revised. Mr. Kardos shared a slide that Mr. Kardos stated that the by right plan for the site has received approval since the original submission. The new site plan for the proposed age-restricted community conforms to the recently adopted Development Ordinance. EPCON is now offering to donate $250,000.00 to NCDOT for off-site transportation improvements rather than the $50,000.00 offered in connection with the original submission. EPCON has increased its donation because it wants to EPCON has hired Kimley Horn & Associates to produce a traffic impact analysis relating to this proposed development even though a traffic impact analysis is not required. Kimley Horn is the engineering firm recommended by the' Town. Neither the by right development plan nor the age- restricted community development plan trigger the requirement for a traffic impact analysis. Mr. Kardos stated that he believes that the traffic impact analysis will show that under an age- restricted community, the site would generate less traffic than 641 traditional single-family homes that could be developed by right on the site. This is because a traditional single-family home generates 9.6 vehicular trips per day. Mr. Kardos stated that the traffic impact analysis cannot be completed until school is in session because traffic counts need to be taken when school is in session. Mr. Kardos stated that the traffic impact analysis will contain recommendations for Mr. Kardos stated that Kimley Horn will also confirm the conclusions of Yarbrough-Wiliams about storm water matters. The engineers will compare the storm water detention required under the by right development plan to the storm water detention being offered under the age-restricted community plan. Mr. Kardos stated that he believes that Kimley Horn will find that the by right plan meets the state requirements for storm water detention, and that the detention being proposed under the age-restricted plan exceeds the state requirements for storm water detention. Mr. Kardos stated that the engineers will also look at public water and sewer capacity and identify any required off-site improvements related toj public water and sewer. With respect to school impacts, Mr. Kardos stated that a traditional single-family neighborhood generates a good amount of school-aged children, whereas an age-restricted community typically does not have many school-aged children. Mr. Kardos stated that in EPCON's other age- restricted communities, less than 2% of the households have school-aged children, and one third Mr. Kardos then reviewed in more detail the slide that lists and depicts the revisions to the age- 1. The lots have been removed from the Lawyers Road entrance in order to create a view shed 2. Added a divided boulevard at the entrance into the site with heavy landscaping.  highlights the revisions from the original submission.  be part oft the solution to transportation issues in this area.  transportation improvements.  ofthel households typically have a single occupant.  restricted plan from the original submission. The revisions are set out below.  buffer on Lawyers Road.  3. Provided seven acres oft tree conservation. 4. Reduced the number oflots from 149 to 146.  5. Created a central park area with at terminal vista oft thei intersection ofLawyers Road. 6. Increased the perimeter buffer from ten feet to thirty feet. Under the by right development  plan, no buffer is required.  -2-  1132821vl26139.00011    7. Added pocket parks and a walking trail system throughout the community. 8. Pedestrian sidewalks are provided on both sides of the: street.  9. Increased the donation to NCDOT for off-site transportation improvements from 10. Additional storm water detention is provided that exceeds state requirements. Mr. Kardos then showed a slide depicting the entrance into the proposed age-restricted community from Lawyers Road, and a slide that depicts the monument signage for this proposed age-restricted community, Mr. Kardos then shared a slide that depicts the Central Park. Mr. Kardos shared a slide that shows a pergola and sitting area in the Central Park. Mr. Kardos shared an additional slide that depicts another sitting area int the Central Park and aj pavilion. Mr. Kardos then showed elevations of the homes proposed for the age-restricted community and Mr. Kardos stated that residents in an age-restricted community typically do not want large homes and large lots, and they want minimal maintenance. In this age-restricted community, the homeowners association would maintain the exterior areas except for the private courtyards. The courtyards are located on the sides of the homes in between the homes as you can see. There would be no active space in the backyards of the homes. The backyards are typically ten feet deep. Mr. Kardos stated that the community would not allow outdoor storage buildings or any Mr. Kardos stated that a traditional single-family neighborhood may have two-story homes, whereas this age-restricted community would have one-story homes with an optional loft, Mr. Kardos stated that a traditional single-family home typically has a larger front setback. Once again, Mr. Kardos stated that homeowners in age-restricted communities want smallerlots. Mr. Kardos then shared and discussed the slide that compared elements of the proposed age- restricted community to a development on the site pursuant to the approved by right plan. Mr. Kardos stated that hel believes that the engineers will validate these comparisons. Mr. Kardos stated that the age-restricted community would generate less vehicular trips per day than the by right development. This is because a traditional single-family home generates more Mr. Kardos stated that the perimeter buffer for the proposed age-restricted community would be With respect to school impacts, an age-restricted community typically has no impact on schools. The by right development plan would have the typical school impacts of a traditional single- This age-restricted community would donate $250,000.00 to NCDOT for off-site transportation improvements, and no donation would be required in connection with the development of the by With the age-restricted plan, additional storm water detention that exceeds the requirements of the state would be provided. With respect to the by right plan, detention would not be required  $50,000.001 to $250,000.00.  described the homes.  swing sets or playgrounds in the backyards.  daily vehicular trips than al home in an age-restricted community.  thirty feet, and the by right development would not require aj perimeter buffer.  family neighborhood. right plan.  to exceed state requirements.  -3-  1113282Ivl 26139.00011    Under the age-restricted plan, 17.5 acres of common open space would be provided, and under the by right plan,, just over five acres of common open space would bej provided. Mr. Kardos stated that access into the site from Lawyers Road would be restricted to right-in, right-out movements. Mr. Kardos stated that NCDOT would require the construction of a Mr. Kardos then shared an exhibit that depicts storm water drainage from the site under the The Community Meeting was then devoted to a question, answer and comment session. Set out below is a summary oft the responses to the questions as well as the comments and concerns that An attendee asked if the additional storm water runoff that would be generated by this proposed development has been accounted for, and Mr. Kardos stated that it has been accounted for. They do a pre-development calculation and a post-development calculation. Mr. Kardos stated that the storm water would be directed to natural drainage areas or to storm water ponds An attendee stated that with one entrance into the site from Lawyers Road, there is a concern with u-turns at the entrance into the Stevens Mill neighborhood to get into this development. Mr. Kardos stated that there would be two entrances into this community. An An attendee stated that nevertheless, cars driving south on Lawyers Road will do a u-turn and then go into the site. Mr. Kardos stated that EPCON wants the entrance on Allen Black Road to be the main entrance and the marketing entrance. The proposed homes would also be located closer to Allen Black Road. Mr. Kardos stated that he anticipates that vehicles traveling south on Lawyers Road would take a left onto Allen Black Road from Lawyers Road utilizing An attendee asked Mr. Kardos ifl he has tried to make a left tur onto Allen Black Road during rush hour, and Mr. Kardos said he has not done SO. However, we are having a traffic Int response to a question, Mr. Kardos stated that EPCON would donate $250,000.00 to An attendee asked Mr. Kardos ifE EPCON would increasc the amount ofi its donation, and Inr response to a question, Mr. Kardos stated that he wants the $250,000.00 donation to be earmarked for certain improvements, but what the money is ultimately used for is not up to An attendce stated that she lives at The Courtyards at Emerald Lake, and she cannot get An attendee asked if the folks in attendance believe that this site will remain vacant forever. This attendee stated that he wants the site to be developed with aj project that has less of an impact on the community. This individual stated that something will ultimately go on this  median on Lawyers Road at the entrance into the site. proposed age-restricted plan and under the by right plan.  were expressed at the meeting.  and then controlled and discharged.  entrance from Lawyers Road and an entrance from Allen Black Road.  the left-turn lane and then enter the site from Allen Black Road.  impact analysis prepared tol look at these issues. NCDOT for off-site transportation improvements.  Mr. Kardos stated that he will wait to see what the traffic impact analysis provides.  EPCON.  out ofher community during rush hour.  site.  4-  1113282lvl 26139.00011    An attendee expressed concerns regarding the additional traffic that would be generated from this proposed development. Mr. Kardos stated that the development would add more traffic In response to a question, Mr. Kardos stated that EPCON would install a sidewalk along In response to additional concerns regarding traffic, Mr. Kardos stated that EPCON has hired an engineer to perform a traffic impact analysis. He reiterated that EPCON would donate $250,000.00 to NCDOT for off-site transportation improvements. He stated that he does not In response to a question, Mr. Keene stated that the entrance into the site from Lawyers Road would be located approximately 350 to 400 feet from Stevens Mill Road. Mr. Kardos stated that the location of the entrance into the site from Lawyers Road would meet the An individual stated that it is a misconception that an age-restricted community will not have an impact on area schools. This individual stated that she has read an article that stated that one in five grandparents are responsible for getting their grandchildren to school. She also stated that she has read an article that stated that one in nine grandchildren are raised by their An attendee stated that folks over 55 years of age do noti necessarily stay at home. Mr. Kardos stated that from our data, less than 2% of our residents have children living An attendee who lives at The Courtyards at Emerald Lake stated that there are no school- Mr. Kardos stated that the average age ofal buyer of an EPCONI home in an age-restricted community is 66 years of age. The average sales price of a home is $450,000.00, and less than  to the surrounding transportation network. the site's frontage on Lawyers Road.  know where or how the $250,000.00 would be spent.  requirements of NCDOT for spacing and sight distance.  grandparents.  with them.  age children livingi in The Courtyards at Emerald Lake.  2%C oft the residents have school-aged children living with them.  An additional attendee expressed concerns regarding traffic in the area. In response to a question, Mr. Kardos reiterated that he would seek to have the $250,000.00 donation earmarked for certain transportation improvements in this area. In response to a question, Mr. Kardos stated that his goal is to have the reports and studies to be prepared by Kimley Homn completed prior to the Planning Board meeting. An attendee asked if Mr. Kardos would provide a copy oft the reports and studies to Ms. Hair for distribution to the public. Mr. Kardos stated that he would consider providing an executive summary oft these reports and studies to Ms. Hair for distribution to thej public. An attendee asked if recommended transportation improvements would be in the An attendee asked if $250,000.00 doesn't cover the cost of transportation improvements to cover this proposed development, where would the difference come from. Mr. Kardos stated  executive summary, and Mr. Kardos said that they would. that those funds would come from another source.  -5-  113282ly126139.0001    A resident of The Courtyards at Emerald Lake stated that traffic is backed up in both An attendee stated that he moved here from Charlotte. This site will be developed with something, and he prefers that a development such as this be located on the site because it has less of an impact on schools and transportation. This individual stated that the site could be developed as a shopping center. In response, an attendee stated that hei is on the Planning Board and that a shopping center would not go on the site and neither would apartments. Mr. Kardos stated that the main point he is trying to make is that the age-restricted plan has less of an impact on schools and the transportation network than the by right plan. Mr. Kardos stated that he anticipates that this will be validated by the engineers. An attendee asked that if the by right plan is approved, why is EPCON proposing the age-restricted plan. Mr. Kardos stated that EPCON is an age-restricted community developer that provides smaller homes on smaller lots with exterior maintenance. EPCON does not develop traditional single-family communities. Moreover, Mr. Kardos feels that the age- restricted plan is ai more appropriate product for the Town ofStallings and its residents. In response to a question, Mr. Kardos stated that EPCON has completed six developments in the Charlotte metro area and has six communities in some stage of An attendee stated that he has been through this process three times for this site, and not In response to a question, Mr. Kardos stated that this plan has three fewer lots than the Inr response to a question, Mr. Kardos stated that there would not be a left-turn lane into the site from Lawyers Road because NCDOT wants a median installed on Lawyers Road and to restrict the movements at this intersection to right-in, right-out. Mr. Kardos stated that there is a  directions during rush hour on Lawyers Road.  development. much has really changed. plan that was originally submitted.  left-turn lane on Lawyers Road onto Allen Black Road. plan. EPCON develops only age-restricted communities. would bel located around the perimeter oft thes site.  Ini response to a question, Mr. Kardos stated that EPCON would not develop the by right In response to a question regarding the location of the duplex units, Mr. Kardos stated that the duplex units would be located in the central portion of the site. The single-family units An attendee asked if there would be any transportation improvements if the site is developed pursuant to the by right plan. Mr. Kardos stated that there would be no required off- site transportation improvements ift the site were developed pursuant to the by right plan. This is true even though the by right plan would generate more traffic than the age-restricted plan.  An attendee stated that it would bel better to get a left-turn lane into the site from Lawyers An attendee asked if the Allen Black Road entrance is being proposed as the main entrance. Mr. Kardos stated that it depends on the direction you are traveling. Ifyou are going north on Lawyers Road, you would likely make a right turn into the community from Lawyers  Road.  -6-  1113282lvl 26139.00011    Road. If you are going south on Lawyers Road, you would likely take a left turn onto Allen Black Road utilizing the left turn lane and then enter the site from Allen Black Road.  An attendee stated that no matter which plan is being discussed, there is already enough In response to a question, Mr. Kardos stated that the Town can stop the age-restricted plan from being developed by not approving the rezoning of the site. At this point, the Town An attendee stated that retired individuals typically avoid rush hour traffic. Retired persons do drive on the streets, but they typically avoid rush hour traffic and don'tinfluence rush hour traffic. This person stated that an age-restricted development is the best option for the site. An individual asked if the duplex units count towards the 146 homes. Mr. Kardos stated that the duplex units count as two dwelling units, sO they do count towards the maximum of 146 An individual asked' how the age-restricted element of the plan is enforced and Mr. In response to a question, Mr. Kardos stated that EPCON initially manages the community and then management is transitioned to the homeowners association that would In response to a question regarding who would enforce the age-restricted component of this development ten years from now, Mr. Kardos stated that the municipality would enforcei it. An attendee had a question for Ms. Hair. This attendee asked ift the state is planning to construct improvements to Lawyers Road, and Ms. Hair stated that she is not aware of any An attendce expressed conçerns about traffic congestion and u-turns at Stevens Mill An attendee stated that this age-restricted plan is a bigi improvement overt the prior plans. Ms. Hair stated that sometimes when funds are contributed to a project by an outside An individual asked if the notice of this meeting had been posted, and Ms. Hair stated An individual asked how many times the same developer can come back to try to rezone as site, and Ms. Hair stated that upon the expiration of the waiting period, the developer has a An individual stated that EPCON should engage the community more in designing the plan and should reduce the density. This individual stated that the proposed age-restricted plan is Mr. Kardos stated that he has reached out to the Stevens Mill community because that would be the most impacted community. He stated that he has been working with individuals in that community. He stated that as a1 result ofhis conversations with residents of the Stevens Mill community, the width of the perimeter buffer has been increased, and the capacity of the storm  traffic congestion on Lawyers Road.  could not stop the by right plan from being developed.  homes allowed on the site under this plan.  Kardos stated it is enforced under the federal guidelines.  ultimately be controlled by the homeowners.  improvements that are currently planned.  Road.  developer, the project is moved along al little quicker.  that it should have been.  legal right to ask for another rezoning oft the site. essentially the same plan just with three less units.  -7-  1113282lvl 26139.00011    water facilities has been increased. Mr. Kardos stated that he is happy to have more dialogue An attendee asked if everyone in the adjacent neighbors should have received a notice of this meeting. Ms. Hair stated that the adjacent property owners should have received a notice of Ini response to a question, Mr. Kardos stated that this community would have a clubhouse An attendee stated that the Town should widen Lawyers Road before any further In response to a question regarding where sewer would come into the development, Mr. An attendee asked Mr. Keene if connecting sewer to the site would disturb the Stevens In response to a question, Mr. Kardos stated that a 30 foot perimeter buffer would be installed around the entire perimeter of the site, and additionally, a privacy fence would be In response to a question, Mr. Kardos stated that the storm water ponds would serve as In response to a question, Mr. Kardos stated that sidewalks would be installed in the In response to a question, Mr. Kardos stated that grading would not occur in the buffer areas. The buffer areas would remain undisturbed. However, small equipment would be used in thel buffer area as necessary to install the privacy fence next to the Stevens Mill community. In response to a question regarding supplemental landscaping in the buffer areas, Mr. Mr. Kardos stated that there would be a landscape plan for this community. In response to a question, Ms. Hair confirmed that a buffer would not be required for the In response to a question, Mr. Kardos stated that tree-save fencing would be installed at In response to a question regarding the location of the privacy fence along the southern property line, Mr. Kardos stated that the final location has not been determined yet. Ift the fence isr moved inward, he prefers to donate the land on the other side of the fence to the Stevens Mill Homeowners Association. An attendee stated that the Stevens Mill Homeowners Association  with area residents. this meeting. and a swimming pool. development takes place.  Keene showed on the plan where sewer would enter the site. Mill neighborhood, and Mr. Keene indicated that it would not.  installed next to the Stevens Mill community.  sediment ponds initially, and then they would be converted to true storm water ponds.  public areas first and then in front oflots as homes are developed.  Kardos stated that he would take a look ati it.  by right plan.  the edge oft thej perimeter buffer during construction to protect the trees.  cannot maintain that area.  Inr response to a question, Mr. Kardos confirmed that thel homeowners association for the Ini response to a question, Mr. Kardos stated that the fence would not prevent the flow of  age-restricted community would maintain the privacy fence.  storm water. 1113282lvl 26139.00011  -8-    An attendee asked if there was less impervious cover under the age-restricted plan than the by right plan, and Mr. Kardos stated that he does not have the answer to that question at this Mr. Kardos thanked everyone for attending the meeting, and the meeting was adjourned.  time.  Respetfullysubmited, this 4"day of September, 2018  Agent for EPCON Communities  IB  -9-  1132821v12613200011    COURTYARDS. ATI LAWYERS ROAD COMMUNITY MEETING SIGN-IN SHEET August 20, 2018 6:00PM  Please fillo out completely. This information is used by the Planning Department to distribute material regarding  this petition.  Please PRINT CLEARLY.  Name,  Address I I(  Phone No. L(  Email I  DayEblReR ASApeheps  4-A g  7l Gril Wgetlanoy  BK6 Glevhshb 1s/6 965-1947  1348 H II  7655:31-640  AIK WHinbr BSGCLNmEL DR  217-881-784 chwiislar-tas  Marcia Jines 1956 Millbrvok Ln 704:882-3040 mlypine@yakm.se  ANpu Merall 2zihdlenghll 748821639 KthicFnocchi tozo Avalon Place 70vY40GBEE Cha 3lallinis 2u7 Lolon m.IL 704 862-8111  Katfnaehatmsilcom  Larry Finocchi 16Z0 Avalon Aace 204 965-835E Lalino E Outlook.com JN-ANUEY 2357Huellavea 704-574-0042 ja2ss7gmelpn  oke nisbel olvTyStut  DoN-3T-83ML. dislehanyawwy.  Lm  EXHIBIT A    Agenda Item # 5  PLANNING 8ZONING TOWN of STALLINGS  MEMO:  TO: FROM: DATE:  Planning Board  Lynne Hair, Development Administrator Development Agreement Process October 16, 2018  SUBJECT: TX18.10.01 Transportation Impact Analysis Requirements as a part oft the  The Town has adopted the development agreement process as a tool to negotiate necessary improvements created because of new developments. Kimley Horn will be providing engineering assistance to the Town by developing and reviewing submitted TIA's and making An ordinance amendment is being recommended that provides language to the Stallings Development Ordinance outlining TIA requirements. Article 7.15.5 Transportation Impact  improvement recommendations.  Analysis (TIA) is attached. Staffi is recommending approval.  - Page 1    TX18.10.01  STALLINGS  RO  AN ORDINANCE AMENDING THE "STALLINGS DEVELOPMENT ORDINANCE"OF  THE TOWN OF STALLINGS, NORTH CAROLINA  WHEREAS, on February 26, 2018 the Town Council adopted the new Stallings Development WHEREAS, ai new Comprehensive Land Use Plan and Small Area Plans were drafted and adopted by Town Council on November 27,2017 identifying the need for a' Transportation Impact Analysis (TIA) as a strategic part oft the review for projects zoned MU-1 and MU-2 and any project required to comply with the major subdivision process; and, WHEREAS, adopting language assigning aj process to the application ofa development agreement was approved in concept by the Town Council; and, WHEREAS, the creation ofTIA procedures will provide as step-by-step process outlining the necessary criteria for completion ofa TIA; and, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF STALLINGS DO ORDAIN AMENDING THE STALLINGS DEVELOPMENT ORDINANCE AS FOLLOWS:  Ordinance; and,  1.A Article 7.15-51 Transportation Impact Analysis  Purpose and Definition  Transportation system integrity is an important consideration for our community when a significant development is proposed. Public policy makers, citizens and developers all have a stake in understanding and responding to additional demands on the transportation system. A Transportation Impact Analysis (TIA) is a tool used to evaluate the incremental impacts on the surrounding transportation infrastructure and how to mitigate them to maintain safe traffic and A. TIA Determination - The Town shall determine the need for a TIA upon receipt of any development application (by-right or rezoning) accompanied by a sketch or schematic plan. Types of development applications could include, but are not limited to, multi-family developments, single family developments, commercial developments, or industrial developments. If warranted, the transportation consultant assigned by the Town shall prepare the TIA. At the discretion of the North Carolina Department of Transportation (NCDOT) and the Town, a Transportation Technical Memorandum, in lieu ofai full TIA report, may be allowed for some developments. Ifp proposed street connections are not consistent with adopted plans, then an explanation or proposed transportation mitigation  transportation operations.    alternative that is equal or better shall be discussed in the study. NCDOT and the Town will be responsible for determining whether the alternative mitigation plan meets and/or exceeds the performance standards oft the proposed street connections in the adopted plans. B. Minimum Thresholds for TIAs - A TIA will be required to accompany the sketch/schematic plan when expected gross trip generation is 1000 total trips or more both entering and exiting the site in a 24-hour period, and/or 100 total trips both entering and exiting the site during either the AM or PM peak hours (prior to any trip reductions applied - see Section G(10)). The gross trip generation will be calculated by the Town based on information (proposed project summary and development plan) provided by the applicant and the final determination for requiring the TIA will be made by the Town. The Town may also determine the need for a TIA or Transportation Technical Memorandum based on special circumstances associated with the development, even if the gross trips falls below this threshold. This may be due to location, an intersection or thoroughfare nearby that is at or above capacity,  the nature oft the use, or one oft the following:  1. Traffic generated from a non-residential development that could potentially 2. Traffic operation issues for current and/or future years on nearby streets are expected to be significantly worsened by traffic generated from the proposed 3. Major and minor thoroughfàres near the site are experiencing 4. Traffic safety issues exist at the intersection or street that would serve the 5. The proposed land use differs significantly from the adopted Small Area Plans 6. The internal street or access system is not anticipated to accommodate the 7. The proposed development project includes a drive-through facility, or other uses such as schools that require significant on site circulation that may havea an 8. The amount, behavior and/or assignment of traffic is significantly different from a previously approved TIA, or more than 24 months have passed since  significantly impact adjacent residential neighborhoods.  new development.  significan/amaceplable delays. proposed new development.  for the Town and/or the Comprehensive Land Use Plan.  expected traffic generation.  off-site impact to adjoining roads and/or intersections.  completion of previous TIA.  C. Scoping Meeting -4 A mandatory scoping meeting is required prior to beginning the TIA1 to discuss the requirements and strategies for a TIA specific to the site and the proposed development. Background information shall be submitted by the applicant five or more business days prior to the scoping meeting and shall include intended phasing scheme, proposed build-out year, and a conceptual site plan showing proposed access points, proposed land use and densities, structure and parking envelopes. The Town, the transportation consultant assigned by the Town, and the applicant(s) are required to attend    the mandatory scoping meeting. Representatives from the NCDOT District office will be invited and encouraged to attend as needed. The applicant may invite members of his/her  development team as needed.  D. Memorandum ofUndersaming/MOU: - AMOU, documenting the understood scope and parameters oft the TIA, shall be prepared by the transportation consultant assigned by the Town. A schedule will be developed and affirmed by all parties. Thel MOU shall be signed by the applicant and the Town before the consultant can begin work on the TIA. Approval by the NCDOT District Engineer will also be required ifaccess to as state road isi involved. Failure by the applicant to provide accurate information or failure by the assigned transportation consultant to follow the MOU shall result in disapproval of the TIA. If significant changes are made to the parameters outlined in the MOU,a revised MOU will  be required.  E. Fees - Prior to the scoping meeting, the transportation consultant assigned by the Town shall submit a summary of consultant fees to the Town toj perform the scoping portion of the' TIA. The applicant shall agree to provide payment in full tot the Town fori these services prior to scheduling of the scoping meeting. After the MOU is prepared, changes by the applicant which require updates tot the MOU, will result in additional services and must be  paid for by the applicant prior to performance of the additional work.  After the scoping meeting, the transportation consultant assigned by the Town shall submit as summary of consultant fees for preparing the TIA to the Town. These fees will account for the work completed throughout the scoping process. Per the MOU, the applicant shall agree to provide payment in full to the Town for preparation of the TIA SO that the Town can release the work to the consultant. The Town may require all or a portion of the estimated fees to be paid to the Town prior to commencement oft the work. Any additional servicesi incurred by thet transportation consultant in addition to thel MOUmust be approved by the Town and agreed to and paid for by the applicant prior to performance of the  additional work.  F. Development Agreement Upon completion of the TIA, certain on- or off-site transportation mitigation measures may be required as recommended by the TIA. Ifso, these improvements will be defined in the Development Agreement, as outlined in the  Town ofStallings Development Ordinance.  All required mitigation measures must be implemented prior to final Certificate of  Occupancy (CO).  G. TIA Outline and Contents - The outline and contents of what is required to be included in the TIA will be discussed at the scoping meeting and included in the MOU. A detailed    summary of the expected content and methodologies to be used in the TIA is discussed  below.  1. Cover/Signature page Includes the project name, location, name of the applicant, contact information for the applicant, and date of the study. The name, contact information, registration number, signature, and seal of a duly qualified and registered professional engineer in the StateofNorth Carolina are  also required to appear on this page.  2. Table of Contents - Includes a list of all section headings, figures, tables, and appendices included in the TIA report. Page numbers shall denote the location  ofa all information, excluding appendices, in the TIA report.  3. Executive Summary Includes a description of the study findings, a general description of the project scope, study horizon years, expected transportation impacts of the project, and mitigation measure recommendations. Technical publications, calculations, documentation, data reporting, and detailed design 4. Project Description - Includes a detailed description of the development, including the size ofthe parcel, development size, existing and proposed uses for the site, anticipated completion dates (including phasing). It shall also include the square footage of each use and/or the number and size of dwelling units proposed, and a map and copy ofthe site plan provided by the applicant. 5. Site Description- - Includesad description ofthe project location within the' Town and region, existing zoning and use (and proposed use ifapplicable), and key physical characteristics of the site, including general terrain and 6. Site Access - A complete description of the ingress/egress of the site shall be explained and depicted. It shall include number of driveways, their locations, distances between driveways and intersections, access control (full-movement, leftover, right-in/right-out, etc.) types of driveways (two-way, one-way, etc.), traffic controls, etc. Internal streets (lanes, flow, and queuing), parking lots, sidewalks, bicycle lanes, and designated loading/unloading areas shall also be described. Similar information for adjacent properties, including topographic grade relationship, shall be provided to evaluate opportunities for internal connections. The design, number, and location of access points to collector and arterial roadways immediately adjacent to the site must be fully analyzed. The number of access points shall be kept to a minimum and designed to be consistent with the type of roadway facility. Driveways serving the site from state roads shall be designed in accordance with the NCDOT's Policy on Street and Driveway Access and/or the Town standards, as applicable.  shall not be included in this section.  environmentally sensitive or protected areas.    7. Study Area - The limits of the study area shall be based on the location, size and extent of the proposed project, and an understanding of existing and future land uses and traffic conditions surrounding the site. The limits ofthe study area for the TIA shall be reviewed and approved by the Town and NCDOT staffa at the mandatory scoping meeting. At a minimum, the study area shall include all streets and signalized intersections within a 1-mile radius of the proposed site and/or where site traffic estimated for build-out of the project will constitute 10% or more of any signalized intersection approach during the peak hour. During the scoping meeting, staff may reduce the radius due to conditions specific to the site based on request by applicant and supported with valid reasoning. Should study area intersections outside of the Town be identified, adjacent municipalities will be notified. Unsignalized intersections between the required signalized intersections will be added to the scope as directed by the Town. To initially determine the impacts, the Town will maintain a database of recent peak-hour intersection turning movement counts. The applicable intersection counts will be equated to current year baseline volumes. Based on the proposed development program submitted by the applicant, a preliminary trip generation analysis, distribution and assignment will be performed within the area surrounding the site and compared to the current year base volumes. Related impacts or current operational problems, may dictate that other intersections be included in the study area as determined by Town staffand/or NCDOT staff. A narrative describing the study area shall identify the location of the proposed project in relation to the existing transportation system and list the specific study intersections and/or segments. Any unique transportation plans or policies applicable to the area (e.g., CATS bus service and small area plans) shall be mentioned. A site location map shall be provided and shall identify natural features, major and minor roadways within the: study area, study intersections, and a boundary oft the site under consideration.  8. Existing Conditions - Shall include ai narrative and mapi that represents AM and PM peak-hourti tuming-movement volumes for all intersections within the study area. Traffic volumes shall represent 15-minute interval weekday turning- movement counts (Tuesday through Thursday), include heavy-vehicle, pedestrian and bicycle counts, no more than twelve months old and shall be collected during periods ofthe year whenl local schools arei in session and during weeks that have no observed federal, state, or local holidays and periods. The required count timeframes are from 6:00-9:00AM and 4:00-7:00PM. Site- specific conditions may necessitate additional or different traffic counting hours and/or days depending on the development program and location within the Town. These unique circumstances will be determined and directed by the Town. The Town will determine if modified peak hours or weekend analyses shall be included in the TIA at the mandatory scoping meeting. For example, 12- or 16-hour turning movement counts shall be required to complete the analysis ifa traffic signal warrant analysis is required as part of the TIA. The    source of existing traffic volume information shall be explicitly stated (e.g., Town counts, new counts collected by the applicant, NCDOT counts, etc.). If previous counts were obtained, only counts collected within the one year ofthe scoping meeting will be deemed acceptable. Summary sheets for existing turning movement counts shall be included in the appendix of the TIA report. A separate narrative and map shall be prepared to describe the characteristics ofsurrounding major roadways, including functional classification, number of lanes, posted speed limit, existing average daily traffic volumes, typical cross section, intersection control, and lineal distance between major roadways. Field notes for the existing conditions investigation may be included in the appendix  oft the TIA report.  9. Future Year Conditions Unless otherwise approved by the Town, future year conditions for a single-phase development shall be analyzed for the year the development is expected to be at full occupancy (build-out year) and five years after the build-out year (build-out + 5). For multiple-phased developments, the scenarios shall be completed in order, with any improvements specified by development included in the subsequent build scenarios, including five years after the full build-out year (build-out-+5). Specific analysis periods toi include in the study shall depend greatly upon the development program, proposed project phasing plan, and significant improvements programmed for the surrounding transportation system. The approved offsite developments and transportation projects to be included in the base future-year background conditions for the transportation system within the study area shall be determined during the scoping meeting. Tmpotatonimpovemets assumed int the future-year background conditions analysis may include those with an expected completion date concurrent with that oft the development and funded either by the Town, NCDOT, or indicated as a required condition of approval from another nearby development application. Only projects approved by the Town at the scoping meeting may be included in the analysis as future existing infrastructure. Those improvements committed by other projects must be clearly identified in the report as approved offsite development road improvements. Adjacent development traffic information used in the development oft the future year background traffic volumes shall bei included in the appendix of the TIA report. Unfunded, planned infrastructure projects may ber mentioned: int the TIA, but the description shall specificallyidentify that these projects are not included in the background condition. Future year background traffic volumes shall be forecasted using historical growth rate information, regional models, and/or TIA reports for development approved by the Town but not yet built. A narrative and map shall be prepared that presents turning movement volumes for each peak hour for all intersections identified within the study area. Future year base traffic volumes, other development volumes, and site traffic volumes shall be clearly separated and combined in the map.    10. Trip Generation Base trip generation for the proposed land use(s) shall be calculated using data published in the latest version of the Institute of Transportation Engineers' (ITE)Trip Generation Manual. Data limitations, data age, choice of peak hour of adjacent street traffic, choice of independent variable, and choice of average rate versus equation shall be discussed at the mandatory scoping meeting. Local trip generation rates may be acceptable if appropriate validation is provided by the applicant to support them. Any deviation from ITE trip generation rates shall be discussed in the mandatory scoping meeting and documented in the MOU if approved by the Town and NCDOT. The NCDOT Municipal School Transportation Assistance (MSTA) calculator shall be used to calculate projected trip generations for school sites. a. Internal Capture - Base trip generation may be reduced by rate of internal capture when two or more land uses are proposed using methodology recommended in the most current Trip Generation Handbook published by the ITE, or research published by the National Cooperative Highway Research Program (NCHRP) Transportation Research Board. Reductions for internal capture shall be applied to multi- or mixed-use sites only. The internal capture reduction shall be  applied before pass-by trips are calculated.  b. Pass-by Trips - Pass-by trips are those made as intermediate trips between an origin and primary destination (i.e., home to work, home to shopping, etc.). However, pass-by trips are not diverted from another roadway. Base trip generation may be reduced by rate ofpass-by capture using methodology recommended in the most current Trip Generation Handbook published by the ITE. Pass-by trips associated with the development program may not exceed 10% of the peak-hour volume reported for the adjacent public street network. This network shall include the streets that provide primary access to/from the site. For example, ifas site access drivet that connects to a low-volume local street, which its primary access is to a major collector road, the traffic on the major collector shall be used as the adjacent street for pass-by calculation purposes. Evaluation of diverted trips may apply depending on the specifics ofeach site. A trip generation table shall summarize all  trip generation calculations for the project.  11. Trip Distribution - External trip distribution shall be determined on a project- by-project basis using one of several sources of information available to transportation and land planning professionals. Potential sources for determining project trip distribution may include the regional travel demand model, market analysis, existing traffic patterns, or professional judgment. At the Town's direction, multiple trip distributions may be required for differing land use types. Regardless ofmethodology, the procedures followed and logic for estimating trip distribution percentages must be well-documented in the    TIA. Trip distribution percentages proposed for the surrounding transportation network shall be discussed during the scoping meeting and shall be approved by the Town and NCDOT before proceeding with the TIA. A map showing the percentage of site traffic on each street included in the study area shall be  included ini the TIA.  12. Trip Assignment - Project traffic shall be distributed to the surrounding transportation system based on the site's trip generation estimates and trip distribution percentages. Future year build-out traffic forecasts (i.e., future year background traffic plus project traffic) shall be represented in graphic formats for AM and PM peak-hour conditions at all intersections included in the study area. Ifthe project will be built inj phases, traffic assignments shall be reported for each phase. Pass-by traffic shall be included at the driveways and access points for evaluating driveway volumes. Multiple assignment analyses may be required ift the traffic control at the access drives varies (i.e., right-in/right-out 13. Operations Analysis - The TIA shall include multi-modal operations analyses including vehicular, pedestrian and bicycle, to allow for the safe and convenient travel forall modes. Level-of-Service (LOS)and delay is thej primary measures of effectiveness for impacts to the transportation system, and is defined by the most current edition of the Highway Capacity Manual (HCM). Operations analyses shall be performed for the existing and all future year scenarios, as described in Section G (17)). Impacts from the proposed project shall be measured by comparing the future yearbackground conditions to the future year build-out conditions. Requirements for mitigation are described in Section G a. Vehicular Capacity Analysis - Unless otherwise noted, Synchro LOS and delay shall be reported for all signalized intersections and approaches identified in the study area. Based on HCM, LOS for unsignalized intersections is not defined as a whole; instead, only the individual stop-controlled or yield approaches shall be reported based on the HCM reports determined through the Synchro analysis. Existing signalized intersections shall be modeled based on existing signal timing plans provided by either the Town or NCDOT. Existing signal timing plans shall be included in the appendix of the TIA report. Ifa traffic signal is part ofac coordinated system it must be analyzed as such under all conditions. Other standard practices and default input values for evaluating signalized intersections shall be consistent with the most recent guidelines published by the NCDOT, Traffic Engineering and Safety Systems Branch, Congestion Management Unit ("Capacity Analysis Guidelines"). The Town may also require safety, traffic simulation, gap and/or other analyses appropriate for evaluating a development application. Additional analyses and/or traffic capacity or simulation tools (such as VISSIM or Transmodeler) required for the  VS. stop controlled VS. signalized).  (17).    TIA shall be identified during the scoping meeting. All TIA reports submitted to the Town shall use Synchro, SimTraffic, VISSIM and/or Transmodeler analysis software for signalized and unsignalized intersections, or Sidra Software for roundabouts, consistent with policies released by the NCDOT. A narrative, table, and map shall be prepared that summarizes the methodology and measured conditions at the intersections reported in LOS (LOS A - F), the intersection and approach signal delay for signalized intersections, the approach delay for unsignalized intersections, and 95th percentile queue lengths forall movements. Capacity analysis worksheets and auxiliary turn-lane warrants for umsignlizadinterection: shalll be included in the appendix b. Pedestrian Operations Analysis - Unless otherwise noted, methodology provided in the latest edition oft the Highway Capacity Manual shall be used to evaluate pedestrian LOS for the intersections identified in the study area. The current methodology is based on geometric data, demand data, and signal control data including, but not limited to:  oft the TIA report.  Number ofl lanes on the major street Crossing distance Traffic volumes Motorist yielding rates to pedestrians Cycle Length Walk Time Presence of pedestrian phase  Bicycle Operations Analysis - The bicycle LOS at intersections identified in the study area shall be evaluated using locally accepted methodology. This current methodology assesses bicyclists' comfort based on geometric and traffic signal features including, but not limited  to:  Number ofl lanes crossed Presence of bike lanes  Presence of conflicting turning movements  Under this methodology, intersection features are assigned points, where the LOS for each approach is calculated based on the accumulation of points for each geometric and traffic signal feature identified in the worksheet. Currently, this methodology does not take into account demand volumes; therefore, the bicycle LOS would not differ between AM and PM peak hours, and thus would not need to be  reported for both under this methodology.    14. Queuing Analysis 95th percentile and simulation analysis of future year queues shall be consistent with NCDOT's Traffic Engineering and Safety Systems Branch, Congestion Management Unit current practices and published Capacity Analysis Guidelines. Turn lanes and storage lengths for the major se(omomtolaeposekes at unsignalized intersections shall bei identified using volume thresholds published in the NCDOT's Policy on Street and Driveway Access tol North Carolina Highways (see Warrant forLeft- and Right- Turn Lanes Nomograph, pg. 80).1 Recommendations for left and right-turn lanes serving the site shall be designed to account for both the NCDOT warrants described above and to meet future year capacity needs identified through the capacity analyses. For projects that include drive-through facilities, pick- up/drop-off areas, or entrance gates, a queuing analysis may be required by the Town to ensure that vehicle stacking will not adversely impact the public transportation system. The queuing analysis must be performed using accepted transportation engineering procedures approved by the Town. If a TIA is required fora a new school site, the internal circulation and ingress/egress ofthe site shall be modeled using a "dummy signal" in the Synchro software as prescribed by NCDOT Municipal School Transportation Assistance (MSTA)  department.  15. Crash Analysis - A: summary of crash data (type, number, and severity) for the most recent 3-year period at each study location ist required. Traffic Engineering Accident Analysis System reports will be provided by the Town and/or NCDOT and shall be included in the appendix oft the TIA report. For locations with prevalent crash types and/or frequency, a discussion shall be included describing factors that may be contributing to the incidents. Ataminimum, the proposed development features shall not contribute to factors potentially involved in the existing crash rates. If contributing factors are identified, recommendations to eliminate or mitigate these features shall be included. 16. Traffic Signal Warrants - Town staff and/or NCDOT may consider potential signal locations at the scoping meeting. However, traffic flow progression is of paramount importance when considering a new traffic signal location. A new traffic signal shall not cause an undesirable delay to the surrounding transportation system. Installation of a traffic signal at a new location shall be based on the application of warrants criteria contained in the most current edition of the Manual on Uniform Traffic Control Devices (MUTCD) and engineeringjudgment. Traffic signal warrants: shall be included in the appendix oft the TIA report. Additionally, spacing oftraffic signals within the Town must adhere to NCDOT requirements. Pedestrian movements must be considered in the evaluation and adequate pedestrian clearance provided in the signal cycle split assumptions. Ifa signal warrant analysis is recommended in the TIA, the Town and/or NCDOT may decide to defer a signal warrant analysis until after the development has opened to allow use ofa actual turning movement counts at an intersection. The TIA recommendations must clearly state that this analysis shall occur at a specified date following the opening of the development. The    applicant must issue a bond or letter of credit in the name oft the Town for the estimated cost ofthe signal warrant analysis and resulting signal prior to final approval of the TIA. The cost shall be established based on an engineer's estimate provided by the engineer of record for the applicant or by the consultant identified by the Town; however, final approval of the dollar amount 17. Mitigation Measure Recommendations This section of the TIA report shall provide a description ofthe study's findings regarding impacts oft the proposed project on the existing and future transportation system and describe the location, nature, and extent of all mitigation measures recommended to the applicant to improve and/or maintain the future year background level-of- service (LOS) conditions through phasing and ultimate build-out ofthe project. This mitigation will be identified by measuring the impact between the future year background conditions and the future year build-out conditions. The applicant is required to mitigate transportation deficiencies caused solely by the projected impact of their proposed development, and not unacceptable background conditions or other deficiencies caused by offsite development  rests with the Town.  within the defined study area.  The applicant shall be required to identify mitigation improvements to the transportation network if at least one of the following conditions exists when comparing the multimodal operations analyses of future year background  conditions to future year build-out conditions:  a. the total average delay at an intersection or individual approach increases by 25% or greater, while maintaining the same LOS, C. ort the LOS is at or below the LOS threshold dictated by the zoning (as outlined in Table 1)i in background conditions and the proposed project shows a negative impact on the intersection or approach  b. the LOS degrades by at least one level,  The following LOS table (Table 1), using the most recent Level of Service methodology, shall be used when determining the adequacy of intersection/approach within the applicable impact areas oft the Town:  Table 1: LOS Thresholds  Zoning AG,CIV SFR, MFT, VSR, IND TC, MU, C-74, CP-485,CZ, CUP  Vehicular LOS Threshold Bike/Ped LOS Threshold  C D E  E D C    Within a Small Area Plan Boundary All Other  E D  C D  Where an intersection/approach is located within more than one zoning district and is not located within a small area plan boundary, the less restrictive LOS shall apply to the entire intersection or approach for purposes ofcomplying with  this ordinance.  Ifthe background LOS (intersection or approach)i is inadequate (i.e., atorb below thet threshold), the applicant will be expected to mitigate only thei impact caused by the proposed project. For example, ifthe background LOS of an approach is LOS F with 85 seconds of delay, and the project traffic increases the delay to 95 seconds at LOS F, the applicant will be required to mitigate the added 10 seconds of delay on the approach, not required to mitigate the inadequate background delay. Town staff and NCDOT will review the recommendations in the final version oft the TIA and will have the ultimate determination in the  scope oft the required mitigation measures.  A Developer Agreement as outlined in Part F of this ordinance may apply if  mitigation requirements are needed.  Formulti-phase developments, the capacity analyses scenarios shall address the phasing of improvements for each phase of development. The build-out + 5 scenario will require the analysis of only five years beyond the full build-out year. The build-out + 5: scenario analysis is not used for mitigation purposes. A narrative and table shall be prepared that summarizes the methodology and measured conditions at the intersections reported in LOS (LOS A-F) and  average control delay for each intersection and approach.  A narrative and map shall also be prepared that describes and illustrates recommended improvements, by development phase if necessary, for mitigating the projected impact ofthe proposed development.  18. Compliance with Adopted Small Area/Transportation Plans - All TIA reports must include a statement of compliance with plans, programs, and policies, including small area plans, adopted by the Town of Stallings for maintaining a  safe and efficient multi-modal transportation system.    This ordinance shall be effective immediately upon its adoption.  ADOPTED this the th day of  2018.  Wyatt Dunn Mayor  Erinn Nichols  Town Clerk