6760 The Smithfield Town Council met in regular session on Tuesday, December 3, 2024 at 7:00 p.m. in the Council Chambers oft the Smithfield' Town Hall, Mayor M. Andy Moore presided. Councilmen Present: Roger Wood, Mayor Pro-Tem Sloan Stevens, District2 Travis Scott, District3 Stephen Rabil, At-Large Councilmen Absent John Dunn, At-Large Marlon! Lee, District1 Administrative Staff Present Elaine Andrews, Town Clerk Ted Credle, Public Utilities Director Jeremey Daughtry, Fire Chief Lawrence Davis, Public' Works Director Andrew Harris, Finance Director Pete Hedrick, Chief of Police Gary. Johnson, Parks & Rec! Director Shannan Parrish, HR Director Stephen Wensman, Planning! Director Administrative Staff Absent Dr. David Barbour, District4 Michael Scott, Town Manager Also Present Robert Spence, Jr., Town Attorney CALL TO ORDER INVOCATION Mayor Moore called the meeting to order- 7:00 pm. Thei invocation was given by Councilman Travis Scott, followed by the Pledge of Allegiance. APPROVAL OF AGENDA: Councilman Travis Scott made a motion, Seconded by Mayor Pro-Tem Roger Wood to approve the To remove from the Public Hearings 2. Subdivision Request Local 70 Interim Preliminary Plat- Smithfield Growth, LLC is requesting a preliminary subdivision of 86.64 acres of land in the Local 70 PUD: Zoning Districti into 11 properties for land conveyance purposes. As subsequent subdivision willl be submitted int the near futurei in conformance with the Local 70 PUD Plans. This is further identified by Add tot the consent agenda the amended minutes of November 12th as presented before the Council. agenda, amended: asf follows: Johnston County" Tax ID: #14057011Y, 14057011Z and 14057011X. Unanimously approved. Citizens Comments: None. Consent Agenda: Mayor Pro Tem Roger Wood made a motion, seconded by Councilman Travis Scott to approve the consent agenda with amendments. Unanimous. 1. Approval of Meeting Minutes November 12, 2024- Regular Session November 12, 2024. - Closed Session 2. Consideration and request for approval to promote Water Plant Operator II to Water Plant 3. Consideration and request for approval to promote Water Plant Operator Ito Water Plant 4. Consideration and request for approval to promote Senior Customer Service Representative to 5. Consideration and request for approval to promote Customer Service Representative to Senior 6. Consideration: and request for approval to promote one officer from Police Officerl Ito Police 7. Resolution No. 759 (20-2024) for CSX Grant Funds and Budget Amendment Operator III Operatorll Accounts Payable Technician Customer Service Representative Officer II 6761 TOWN OF SMITHFIELD RESOLUTION NO. 759(20-2024) WHEREAS, the Town of Smithfield has received a Directed Projects grant for the CSX Culvert Improvement Project (SRP-W-134-0090) from the 2023 Appropriations) Act, Session Law 2023-134, administered through the Drinking Water Reserve and Wastewater Reenetoasstelgbieunsdfgoemmentwthmecingthersaawtrinfrastinvcture AproprationsActiundingnthcamountalsials.10.00lopefomwordetaledinthe needs,and WHEREAS, the North Carolina Department of Environmental Quality has offered 2023 WHEREAS, thel Townd ofs Smithfieldi intends to perform said project ina accordance with the agreed NOW,THEREFORE, BEITRESOLVEDBYTHE TOWN COUNCIL OFTHE TOWN OF SMITHFIELD: That the Town of Smithfield does hereby accept the 2023 Appropriations Act Directed That the Town of Smithfield does hereby givea assurance tot the North Carolina Departmentof Environmental QualitythatanyConditonditonsorAsurances: contained inthe Award Offer will be That Michael L. Scott as Town Manager, and: successors so titied, is hereby authorized and directedtofurnishsuchinformation: astheapropriatestates agencymay: requestinconnection with this project; tor make the assurances as contained above; and to execute such other submitted: application,and scope ofv work. Projects Grant offer of$1,100,000; and adheredto; and comesmaypercurdeyMebwsonolwaet Infrastructure. Adoptedt thisthe3-dayc ofDecember, 2024ins Smithfield, North Carolina. M.Andy Moore, Mayor ATTEST: Elaines. Andrews, Town Clerk 6762 AMENDMENT TO CSX CULVERT IMPROVEMENT GRANT PROJECT BUDGET ORDINANCE TOWN OF SMITHFIELD BEIT ORDAINED by the Town Council of the Town of Smithfield, North Carolina, that the following amendment is made tot the CSX Culvert Improvement Grant Project budget ordinancei for the fiscal year Section: 1: To amend the General Fund Capital Project Fund, the appropriations and estimated revenues Thef finance officel has recognizedt thatt thel NCSOBMH has increased1 the budget$150,000f for the CSXCulvert Section 3: Copies oft the budget amendment: shallb bet furnished tot the Clerk of the Town Council, andt to endingJ June 30, 2025: aret to bec changed asf follows: Improvement Grant Project. See AttachmentA the Budget Officer andt the Finance Officer fort their direction. Adopted this 3rdo day of December: 2024 by the Smithfield" Town Council. M. Andy Moore, Mayor ATTEST: Elaine S. Andrews, Town Clerk Attachment/ A Acct# Revenues: Expenditures: Check: Revenues Expenditures Totals Check Figure Description Decrease Increase 150,000 150,000 Increase 150,000 150,000 46-40.3800.3800.0000 State Grant CSX 4640.5900.5700-7400 CSXCulvert Improvement Decrease 6763 8. New Hire Report Current' Vacancies: Position Asst. Aquatics Supervisor Police Officers (6p positions) Water Plant Operator Utility Line Mechanic Electric Superintendent Nor new employees werel hiredf from 11/12/24 tot the present. Department P&R - Aquatics Police PU-Water Plant PU-Water/Sewer PU-Electric Budgetline 10-60-6220-5100-0200 10-20-5100-5100-0200 30-71-7200-5100-0200 30-71-7220-5100-0200 31-72-7230-5100-0200 Business Items: Schedule: January 7th and 21st February 4th and 18th March 4th and 18th April 1st and 15th May 6th and 20th June 3rd and 17th July 1st and 15th August 5th and 19th September 2nd and 16th October 7th and 21st November 18th December 2nd and 16th Consideration and request for approval to adopt the 2025 Town Council regular Meeting Councilman Travis Scotta addressed the Board regarding the 7:00 pmr meeting times, inquiring ifthe Council could meet at an earlier hour, to possibly prevent late sessions. Mayor Andy Moore stated that may be difficult for him and maybe others who work out oft town. Mayor Moore stated that he does examine the agenda and will occasionally move around or pull items tol have efficient and timely meetings, however itis not always possible to avoid late meetings. The Board had discussion regarding the November 2025 meeting, notingt thate election dayv was thet first Tuesday in November. The Board agreed tol have one meeting inN November on the 18th. Mayor Andy Moore added that the thought process behind having the second Mayor Pro Tem Roger Wood made a motion, seconded by Councilman Steve Rabil to approve the 2025 Town Council meeting schedule as presented with the one meeting date in November on the 18th, with startingt times beinga at7:00p pm, and with the optiont to cancelt thes second meeting as necessary. Unanimous. Planning Director Stephen Wensman, with Parks and Recreation Director, Gary Johnson addressed the Council. Theirr request isf for Council tor review and approve a contract for services with McAdams fora ai traffic impact analysis andi intersection design for NC210 Park. The parki is a 20-acre property in the flood plain off NC210. Wensman pointed outt that ane existing access main entrance being utilized, which connects the park toNC210i is out of alignment with the easement: and may cause consternation with NCI DOT. He stateds staff completed the Request for Qualifications (RFQ), and McAdam's team came in as the low bidder, with the better knowledge and understanding of the Town's needs. The Planning Director outlined costs associated with thep project, stating they were appropriate and agreed upon by Billt the Town! Engineer. The analysis does meeting was that they! be! held as needed, and cancelled ifr notr necessary. 2. Traffic Study - Highway 210 noti include: Construction administration - anticipated $3,000 Agreement with NCDOT for the signal- - anticipated $6,000 Signalized intersection construction Entrance driveway Park construction Wensman stated that ifa signal installation is required, the cost could range from $200,000 to $275,000 or more. Additional expenses may be incurred for fiber optic communication, depending on its location. The project is scheduled to be completed by next July. The Planning Director then requested approval to enter Mayor Pro Tem Roger Wood asked for clarification on the statement of qualifications. Parks & Recreation Director, Gary Johnson clarified that they selectt the most qualified firm who gives them the proposal for the job. Councilman Scotta askedf for clarification for the sharede entrance access between the commercial owners ofthep property andt the park. Wensman: stated that will be part oft the review oft this process ast tol how thet two into a contract withl McAdams. entities can co-exist with DOT's approval. 6764 Councilman Travis Scott asked the Town! Manager what budget this contract would come from and ifit was approved funding. Manager Mike Scott stated we have $220,000 set aside for construction plans. Councilman Travis Scott askedi ifthe Town had to constructi thet traffics signal att the $300,000 cost, how would that be funded. Manager Scott said that would not come fromi this budget! but would have tob be discussedi in the upcoming budget process. Hef further stated the property tot the North, ifdeveloped wouldr need the traffic Mayor Pro-Tem Roger Wood made a motion, seconded by Councilman Travis Scottt to approve the request signal and should share its cost, sot the whole burden would noti fall ont the Town. for contract for the traffics study. Unanimous. JBLIC HEARINGS: 1. Conditional Zoning Request (CZ-24-08) Village on the Neuse: To review the application to to rezone 2 parcels ofl land (34.28 acres and 7.98 acres) from R-20A ResdentalAgncuture, to R-8 Conditional (Single, Two, and Multi-family Residential Conditional) with a master plan for 1171 lot detached: single-familys subdivision. This isf furtheridentifedby. Johnston County Tax ID#1 14001001 Mayor Pro Tem Roger Wood made a motion, seconded by Councilman Steve Rabil to open the Planning Director Stephen Wensman explained that the property in question is located south of Smithfield Middle Schoola andr north ofthe! Holland Drive development. Itisl located] justa above Holland Drive and Everett Lane. He noted that Everett Lanei is actually a private driveway onr middle school property, serving homes behind Smithfield Middle. No changes are proposed for the driveway. The property backs upi to the Neuse River. As survey oft the site and the proposed plat was presented tot the Boardi for review. Wensman stated that the development consists of 8000 square foot lots, initially proposed as straight R8 zoning. At the Planning Board's request, it was changed to conditional zoning to ensure single-family homes. No deviations from UDO are requested, and all rules and regulations will be followed. The site is within the Smithfield utility district, is planned for detached: single-family residential homes, and it's location makes it part of the town. The comprehensive plan guides this area for medium-density residential, making the proposed rezoning appropriate. He statedt the development meets all UDO: standards. The projecti is limited by Neuse River riparian buffers and flood plain regulations. It will have Buffalo Road frontage, connect to Holland Drive, use town utilities and is compatible with surrounding land uses. Wensman stated that staff finds the proposed development consistent with the comprehensive plan. Wensman stated that he is recommending approval with no conditions for approval, except that a traffic study be done prior to the and 14075011A. public hearing. Unanimously approved. preliminary plat application, which he understands they are working on currently. Wensman outlined Staffs opinion with thei following consistency statement: CONSISTENCY STATEMENT (Staff Opinion): With approval oft ther rezoning, the Planning Board/Town Council is required toa adopt as statement describing whether the action is consistent with adopted comprehensive plan and other applicable adopted plans and that the actioni is reasonable andi int the publici interest. Planning Staff considers the actiont to be consistent and reasonable: Consistency with the Comprehensive Growth Management Plan -The map amendment. is consistent with the comprehensive growth management, plan. Consistency with the Unified Development Code (UDO) the site willl be Compatibility with Surrounding Land Uses - the map amendment will be developed ina accordance with the UDO. compatibility with surrounding land uses. Councilman Travis Scott clarified whether storm water. Wensman stated that would be required and added that since the developer intends tof followt the UDO, we are protected by the code. Councilman Scotta added staffr needs tof followt throught tor makes suret the UDOi is being followed properly with this an any development. Councilman Sloan Stevens also questioned the storm water requirements as well as connections to the south oft the development with at trail. He also wanted tor make sure thes same architectural standards were upheld with this development as upheld by the development beside it and across the street. Wensman statedt that the developer has not asked for anything outside of the UDO, so he would defer to the Town attorney ast tov whether putting additional stipulations on the developer was appropriate att this early stage. Town attorney Bob Spence asked the Planning Director if he knew what the neighboring development's architectural standards were. Wensman listedi it had to! have al level of brick or stone, with a quarter oft the facade being brick ors stone, atl least one ort two windows ont the side wall and board-and-batten or other lap siding. There were otheri inquiries from the Board related to sidewalks, the walking trail and lots size, which Mayor Moore asked about the traffic study analysis. It was discussed that it would have to come back will allb be addressed by the UDO requirements as stated by' Wensman. before the Council to address anyi improvements. 6765 The Board also discussed making ita condition that the development consist of stick-built single-family homes only, and also setting architectural standard guidelines inp place for the proposed development now, The applicant, Eric Villeneuve spoke regarding the project. He stated their company specialized in single family home construction. He cited hisi intentt to connect with developers ofthe Buffalo Ridge development, whose architectural standards were already approved! by the Town and ones he was comfortable with. Town Attorney Bob Spence stated that this could be negotiated now as a part of the conditional zoning process, but not as part of any quasi-judicial hearing such as in a subdivision request. He asked the applicant ifh he was ok with al list of acceptable standards from the Board. Those standards were as those inl line with the Buffalo Ridge development no vinyl siding on the front oft the house, homes must have a level of brick ors stone, with a quarter oft the facade being brick or stone, atl least two or more windows on Councilman Travis Scott asked the applicanti ift the house that part of the development area would be torn down. The applicant, Mr. Villeneuve answered yes. Councilman Scotts stated! he was concerned that house may be occupied and received the applicant's assurance that this would be addressed. Applicant Eric Villeneuve also added that hel liked the Town's Riverwalk project and would be open to discussions for its Villeneuvei furtherr reiterated that therev willk be at traffici impact analysis study underway and willl be presented tot the Board. The Board discussed connections to Holland Drive, future stub outs, and traffic impacts for the development. Planning Director Stephen Wensman stated this could all be addressed during the sot the applicant would understandi the Town's expectations upf front. the side wall and board-and-Datten: or other lap siding. future development. preliminary plat plan review, which would calli into question anyi issues. Mayor Moore askedi ifthere were any questions from Council. There were none. Mayor Moore askedi ifthere was anyone in attendance that wished tos speak ont the matter. Resident Dan Simmons of 125 Everette Lane stated he was concerned about the storm water runoff and traffic the development would bring. He stated he wanted to see that the developers followed the Mayor Andy Moore askedi ifitr mattered int the UDO whether thes stormv water runoffy was from a private drive. Wensman stated no, that UDO requirements were the same for public and private driveways. Richard Butner of 106 Cobblestone Ct. stated he was concerned aboutt the rapid development in our area. Hea also expressedo concerns aboutt thet traffics study, which! her notedy was done duringa a holiday on! November 12th in his area. He discussed the quality ofl life ofr neighborhoods with high density. He also encouragedi the Mayor Pro Tem Roger Wood made a motion, seconded by Councilman Steve Rabil to close the public Mayor Pro Tem Roger Woodi made ar motion, seconded by Councilman Sloan Stevens to approve the Conditional: Zoning Map Amendment CZ-24-08 withi thet following conditions, thatt there be at traffici index study, that the development be comprised of single family homes only, and thatt the development have thes same architectural standards as described which will match Buffalo Ridge, consistent with the Town of Smithfield's Comprehensive Growth Management Plan and other adopted plans, and that the The motion carried three votes to two, with Mayor Andy Moore having the tie breaking vote in the affirmative along with Mayor Pro Tem Roger Wood and Sloan Stevens. Councilman Travis Scott and Subdivision Request (S-24-05) Powell Tract: Lanny Clifton (Lan Development, LLC) is requesting approval of a preliminary plat for an 18-lot single family subdivision on 11.1 acres. The proposed development is on Swift Creek Roada approximately 2300f feeti north ofthe Cleveland Roadi intersection. This Town Clerk Elaine Andrews administered: affirmations tot those wishing to offer testimony during the Public Mayor Pro-Tem Roger Woodr made ar motion, seconded by Councilman Travis Scott, to opent the public Planning Director Stephen Wensman explained, the property is north of Cleveland Road on Swift Creek, near Camden Ranch. It's in the ETJ, requiring park dedication fees. Wilson's Mills Fire District will serve it. Plansi includei individual septic systems and Dukel Energy powers service. The preliminary plan outlines a cul- de-sac development with a mail kiosk, sidewalk, and parking areas. All lots and street dimensions comply with town codes and UDOr requirements. The cul-de-sac design meets the maximum allowable length and new engineering standards. Wensman stated that the development will use the DOT right-of-way and that there will be a traffici impact analysis required (TIA). He stated a DOT permit is needed to connect to Swift development ordinance tot the letter. Council tol keept the citizens' best interests ath heart. hearing. Unanimous. amendment isr reasonable with the public interest. Councilman Steve Rabil voted against the conditional zoning request. property is furtheri identified by the. Johnston County Tax ID# 15/08014 Hearing. hearing. Unanimously approved. Creek Road, and that there were not turn lanes ori improvements mandated by DOT. 6766 Street connectivity is ani issue, with opposition tor northern connectivity due to limited development potential int the adjacent farm property andl limited connectivity in the South. The developer and the Planning Board oppose northern connectivity due to wetlands andi the adjacent farm owner's unwillingness tos sell. Southern connectivity is also challenging due to existing single-family lots and a blue line stream. Given these constraints, staff is not requesting lateral connections, though this would require council approval to waive Wensman added that the Town typically asks for sidewalks on frontage roads. However, new Senate Bill 166 limits the town's ability to require sidewalks on frontage roads without coordinating long-term maintenance with DOT. Given that the town is not equipped to maintain sidewalks on Swift Creek Road, staffs intenti is to waive the usual requirement for frontage sidewalks for this subdivision. The town's code, which typically requires sidewalks, may need updating to align with this new legislation. He noted that the developer has proposed a sidewalk within the development. To ensure its long-term maintenance, an HOA Hef furthers statedt the parking fort the mailbox kiosk is withint ther right-of-way, but the structure itselfi is outside, Each lot mustr meetr minimum requirements, including the previous 20,000 square foot minimum for septic systems, as this development predates the new 40,000 square foot requirement. The development is expected to be exempt from stormwater capture requirements, being below the 24% threshold. It must As subdivision identification sign, not currently shown on the plat, will be located on the property or on an easement: andy willr requireas sign permit fromi the Town. He added thatt thisi isa as singlep phased project, planned Stafff foundi it consistent with the comprehensive plan and UDO conditions, with adequate infrastructure and no detrimenti tor neighboring properties. Five conditions ofa approval are proposed along with ar recommended Mr. Wensman reviewed the staffs opinion oft the findings, which was that the application technically met the To approve a preliminary plat, the Council shall make thet following finding (staffs opinion in the code requirement. orr restrictive covenants would need to be established. avoiding town maintenance issues. comply with alll andscaping and buffering requirements. for 2025-2026. motion. four required findings for approval int the code. FINDING OF FACT (STAFF OPINION): Bold/Italic): 1. 2. 3. 4. The plat is consistent with the adopted plans and policies of the town; The plat is The plat complies with alla applicable requirements oft this ordinance; The plan complies with alla applicable requirements oft this ordinance with conditions. There exists adequate infrastructure (transportation and utilities) to support the plat as Thep platy will not be detrimental tot the use ordevelopment ofa adjacent properties or other neighborhood uses. The plat will not be detrimental to the use or development of Staff recommended approval oft the Powell Tractp preliminary plat, S-24-05, with thet following conditions: 1. That the subdivision approval be contingent on approval oft the construction drawings andi meeting all UDO requirements except with nol laterals stub streets. 2. There shall be a homeowners' association ora affirmative restrictive covenants to maintain the development common amenities such as streety yard landscaping, 3. The public sidewalks be maintained. byt the HOA orp property owners with affirmative 4. That landscape plantings be, providedi in accordance with UDOA Article 10, Section 5.7 The required 15' wide street yard plantings along Swift Creek Road shall be withina consistent with the adopted comprehensive) plan. proposed. There is adequate infrastructure. adjacent properties or other neighborhood uses. mailbox kiosk and sidewalk. restrictive covenants and approved by NCDOT. 10.13.1.8.2. 15' wide easement. Planning Director Stephen Wensman has incorporated his entire record and provided it to the Council in Councilman Travis Scott asked for clarification for which lots to the South of the development would be developed as single-family lots. Wensman statedt that this was his understanding. Councilman Travis Scott askedi if there was any evidence that these lots would not be developed later. Wensman stated that that there were two different owners oft the ten-acre lot, and they would have to coordinate to create a really big written form int the December 3, 2024 agenda packet. Mayor Moore askedi ift there were any questions from Council. development, whichy would be difficult. 6767 Councilman Travis Scott further inquired since the owners to the North came out in objection to the development, was there any objection from the people to the South oft the development. Wensman stated that they were not att the meeting, but that the surveyor may knows something about that. Wensman stated he checked the GIS andi there were two different owners there, and not ar name or corporation. The applicant, Jonathan Barnes of Dalon Engineering and Associates spoke regarding the development project. He stated the proposed subdivision will be developed in one phase with 18 lots. It will include subdivision signage, paved streets with curb and gutter, and sidewalk on one side. A homeowner's Councilman Travis Scott askedt the developer to address his question regarding the potential development South of the project. Mr. Barnes stated both parcels outlined to the South are to be developed as single- family! lots due tot the sales contract stipulating that only one septic system can be placed on each parcel. Councilman Scott asked for clarification of ownership to the North and South. Wensman stated that there were two different owners. Councilman Scott further inquired about connectivity roads. Wensman stated that they showed a connectivity road to the North, but never showed one to the South as they are single Councilman Travis Scott stated one are of major concern was traffic, if this was to become a subdivision later, connectivity would make sense, but as its stands itis on the recordt that it's not an issue and he asked that the Council remember that. Mayor Andy Moore asked if everything else was consistent with code. Stephen Wensman repliedy yes, everything else seems consistent, but that staff wouldr make sure to address Councilman Travis Scott asked if anything was being done about the traffic. Planning Director Stephen Wensman statedt that! DOT has indicatedi thati there were no requirements made tot this development, not turn lanes or anything. They stated they did not see that the road was busy enough or unsafe to require any Mayor Andy Moore askedt the developer if he approved the facts as stated by Planning Director Stephen Wensman regarding the development The developer, Jonathan Barnes stated that he agreement with the Suzanne Coates of 4284 Swift Creek Road spoke regarding the development. Ms. Coates stated that she isl local resident, whol lives about! halfar milet fromt the proposed development area. Shes stated that while land development has been ongoing int the areai for decades, being sought after from developers as far away as Washington State, this subdivision doesn'ta align with the current character of Swift Creek Road. Ms. Coates pointed out that existing homes int the vicinity typically have larger lot sizes and are often situated next to open fields orv woods. She stated this contrasts with the smaller lots sizesi int the proposed development. Ms. Coates expressed concern that the proposed development could erode thep prized rural lifestyle of. Johnston County. She noted that the area's small-town, rural character is a major appeal, even for newer residents who moved to escape increased development elsewhere. Ms. Coates questioned the impact of 18 homes and septics systems on 11 acres, despite meeting county specifications. She raised concerns aboutp potential health and environmental effects on residents, wildlife, and waterways. She expressed concerns about growthr not being well thought out, stating that as an ETJ resident, she does not have a vote to elect officials Angiel McClure of4982 Swift Creek Road addressedi the! Boardi regarding the proposed project. Ms. McClure, al long-time resident, expressed concern about farmland loss to development and hopes for preservation of Smithfield's farming heritage. She plans to maintain her farm and questioned the developer's claim about DOT not requiring road improvements, noting lack of direct DOT confirmation in the report. Ms. McClure questioned the accuracy of traffic assessments due to the 210 Bridge closure, noting current traffic is abnormally low. She expressed concern aboutt the cul-de-sac's proposedI location ona a dangerous curver near her property. Additionally, she mentioned increased airt traffic from the expanded. Johnson County Regional Airport, which is now audible from her home. She admonished not having a vote being int the Town's ETJ district. Mrs. McClure asked Planning Director Wensman to clarify his statement that the adjoining plots were sold to another individual, stating that she noticed the developer's name was the same on the deed. Mr. Wensman stated that he saw a differentr name ont the contracts for sale. Councilman Travis Scott stated that there is a difference between contracts and a deed. Wensman concurred and stated that he did not know Mr. William Fred McClure. Jr. of4982 Swift Creek Road also spoke regarding thet traffic ont the curve near his house, whichh hes states is dangerous. He states hel believes thet traffic analysis will not be accurate until the Mayor Andy Moore wanted clarification from Town Attorney Bob Spence as to whether the Board needs to wait for ai traffic study in this quasi-judicial process, or deal with the facts before them now. He statedt that het truly understands the concerns of citizens, buts statedt the Town hadt to abide by the process and the facts. Town Attorney Bob Spence reiterated that alls subdivision requests are quasi-judicial hearings and require the Town follow the rules and statutes handed down from the legislature in Raleigh for subdivision requirements. Whereby hes sees and understands the emotion related tot town growth, thet town must receive expertt testimony from both sides of the issue that can be held upi in court. He stated the landowner has a rightt to lawfully request the development of his tract ofl land based ont the rules, and such request needs to association! isp planned tor maintain the sidewalk and mailbox kiosk area. family home lots with nothing to connectt to. any issues whent the construction drawings were presented. additional changes. draft recommendations. as presented. who willl ber making those decisions. wheni itv was set to close, but that there were contracts on both properties. bridgei isf fixed. ber refuted by factualt testimony from experts. 6768 Councilman Travis Scotta askedh howr many! houses would generate at traffic study. Planning Director Stephen Wensman stated 800 trips per day, and that the proposed developmenti is way below that threshold at 110 trips per day. Councilman Travis Scotts said the Town needs toi find out more aboutt the owners oft the tracts ofl land tot the! North. He statedt that a contract does not necessarily mean a sale. He noted that the owner was the same ont the deed, and ift that owner decided to develop that large tract, itv would prompt a traffic study. Wensman: stated! he saw the contracts, and that they appeared valid but therei is potential that they may not getf fully executed. Councilman Scott stated the developers are here to make money. Wensman understood, adding thati it could be a condition oft the Council that there be lateral connections. Councilman Scotty wanted tos state for ther recordt that thei two parcels outlinedi in red on the maps presented tot the Board were not the only two pieces oflandv with potential toi impact tot the development. There was some discussion William Fred McClure Jr. spoke again regarding traffic. He asked the Board to check with the police department for accident reports ift they wanted facts. He also requested clarification oft the wetland areason the mapi presented, which according tot the Planning Director are not conducive for development. Ms. Angie McClure addressed the Board again concerned about DOT enforcing eminent domain for her property. Councilman Travis Scotts stated eminent domain does exist, and itwould likely fall on! Ms. McLure's side oft the road asv with otherr recenti infrastructure installments. Ms. McLure asked when thel lots size changed fromy whats shet thoughty was one acret tol have a septict tanki inas subdivision. Wensman: stated the rule changed from 20,0001 feet to 40,0001 feet four weeks ago inc concurrence with County guidelines, but that the applicant was grandfathered inb by the old rule because he submitted! his plans priort to rule change. Ms. McLure asked why it changed. Wensman stated that 20,000 was small! for septic tank fields given the absorption rate Mayor Moore asked ift there were any further public comments. There were none. Mayor Moore asked if amongt the Board about adding stub outs for future development as ac condition. generally ofs soili in. Johnston County. therev were any questions from Council, butt there were none. Councilman Wood made a motion, seconded by Councilman Steve Rabil to close the public Councilman Travis Scott made a motion, seconded by Councilman Steve Rabil to deny the hearing. Unanimously approved. request. Councilman Sloan Stevens askedi ift the Board needed to go through the findings one by one. Attorney Bob Spence stated that it would probably help on an appeal, but that it was the Board's choice. Mayor Andy Moore asked Town Attorney. Bob Spence whether a review of the finding of facts was a requirement. Attorney Bob Spence statedi it was not a requirement. Councilman Travis Scott stated he would let his motion: stand asi ist to deny the application. The motion carried with a three to one vote to deny the request. Councilman Travis Scott, Steve Rabil and Sloan Stevens voted against the development and Mayor Pro In denying the subdivision application the majority on the Council find that the subject property isi in an R- 20z zoning district but is in the long-term rural, residential development plan of the town. Also, itis located between thei intersection oft the road with the creek tot the north near the airport and with thei intersection of the road with SR 10101 tot the south. Thus, this specific area oft this property ont the east side of Swift Creek However, ast the neighbors including Ms. McClure testified, there isi increased traffic cuttingf from Cleveland Road (SR 1010) oni its southt to Highway 70 and the airport area tot the east. The road has a marked curve justr north oft this property sot that the trafficf from the cul-de-sac would enter the road right att the beginning oft the curve. south of Swift Creek. Furthermore, though well buffered physically by the Swift Creek basin oni its east, the airport east of Swift Creek does add some further noise and traffic. Allt this growth adversely affectst the rural nature oft the tracts ont the easts side of Cleveland Road and makes ite even more important for planning to protect some oft the more pristine areas in our agricultural residential: zones. Protection of areas such ast this should extend not just to areas in the southeast oft the county butt to some of the areas Thus, the long-term plan oft thet town ist that some oft the landi int the rural agricultural long-term plan should retain the less dense rural character oft the heritage of our community. At this property the creek and its basin buffer the landf from the higher density of highway 70 as well as the airport lying on the east side of the Swift Creek basin. With Swift Creek Roadt tot the west and the basin tot the east, this area along the east side of Swift Creek Road is ideally suited to the long-term plan of preserving some of our agricultural, Consistent to protecting agricultural rural areas from adverse effects of growth and in accord with county policy, the town recently increased the minimum area of R-20 lots with public water and private septic to allow more land to absorb the sewer from drain fields. This application isj just prior to this increase and Furthermore, the application as presented is a strait cul-de-sac road entering SR 1010 right at the commencement of the curve and does not include any stub out of streets to the north and south oft the property as required by our code to facilitate future development regardless of the fact there is no such development tot those parcels currently. Our planning should bel longt term, and applicants should meet the Temp Roger Wood votedf fort the development. Roads still retains much oft the county's historical, rural residential character. located closer tot the development along Highway 70 northeast oft town. residential properties. densert than willl be allowed ins subsequent lots int this area due tot the policy change. UDO requirements. 6769 Thus, as ultimate findings based ont the specific facts set forth ini the uncontradicted testimony above, the majority oft the Counsel sitting att this meeting make the following ultimate findings required by the UDO. 1. Thep plat is not consistent with the adopted plans and policies oft the town 2. The plat does not comply with alla applicable requirements oft this ordinance; 3. There exists adequate infrastructure (transportation and utilities) to support the plat as proposed though the location oft the cul-de-sac road without stub out ofl lateral streets does adversely affect 4. The plat will be detrimental to the use and development of adjacent properties and other neighborhood uses and adversely affects the rural character oft the area on the east side of Swift the area. Creek Roadj just south ofi its intersection with Swift Creek. The application is denied. Councilmember's Comments: Mayor Pro Tem Roger Wood thank staff and all who participated in the weekend's events, such as the Christmas tree lighting, commenting they were as success, and he appreciates Town and other staff. Councilman Travis Scott asked if the Town Police Chief could look into vacant property at the newly proposed) Village on the Neuse development, with the owner's permission to address the possibility ofan occupant inside the home asi it may be a safety concern. He also addressed the foul odor he has had complaints about that emanates fromi the Town's Greenway path asi it crosses Buffalo Rd, statingi itr needs tob be examined. Councilman Scotta also mentioned the Town's Holiday Luncheon, encouraging the Board Mayor Andy Mooree extendedi thanks tol Mayor Pro-Tem, Roger Wood, for standing ini for him att the Town's Annual Christmas Tree lighting. He also encouraged support and attendance for seasonal events and to alll local businesses. Mayor Moore also asked the staff to checki into the odor issue at the Greenway. Town! Manager Mike Scotts stated he received a call from a citizen who wished tot thank the Town's Water and Sewer staff who worked on the water line att the 100 Block of Rose Street last night until about 8:30 pm. The citizen commended staff for being very pleasant and helpful while working even as the weather has turned cold. Manager Scottr reminded everyone oft the Town's Christmas Parade on December 12th. He also mentioned: an upcoming retirement reception for Captain Troy Byrd. He also reminded everyone Mayor Andy Moore mentioned that as a member, he attended the Upper Coastal Rural Planning Organization meeting two weeks ago in Wilson, NC, and the Board approved that the Town could move Mayor Pro Tem, Roger Wood made a motion, seconded by Councilman Steve Rabilt to adjourn ther meeting toa attend and thank Towns staff. Town Manager's Report ofthe annual Grinch Run on Saturday December 7th at 10:00A AM. forward with the application for its sidewalk development plan on Venture Drive. Adjourn at8:29 pm. Unanimously approved. KKS ATTEST: B Biki AL Elaine Andrews, Town Clerk ,