Knightdale Town Council Meeting

Good evening everyone.

Welcome to our November Town Council meeting. We are glad to have you join us this evening. We are going to go ahead and get started. So, we're going to start our meeting with the invocation from Councelor Swan.

All right. uh if you will pray with me or or bow your heads or have a moment of silence in whatever way is meaningful to you. Dear Lord, thank you for uh keeping us all safe uh taking care of us, bringing all this uh interest and energy out tonight. Thank you for the volunteers that serve the town and and provide advice on on so many things and the time that they dedicate out of their personal lives. Uh we hope that you'll bless these uh children as they come forward and and do the pledge tonight and and bless the uh officers uh being sworn in. Uh thank you for all the blessings of Nightdale. Uh grant us the vision, wisdom, and focus to make the best decisions we can for the town of Nightdale. Amen.

Amen. Thank you, Council Swan. Next is our pledge of allegiance. Tonight we are pleased to be joined by Morgan and Austin, students at Nightdale Elementary School. Morgan Robertson is a third grade student who enjoys reading Judy Moody books and playing soccer. Austin Fitzpatrick as a fourth grader who enjoys playing video games, attending school, reading, and drawing. So, at this time, I would like to invite Morgan and Austin to lead us in our pledge of allegiance to the flag of the United States of America and to the stands. One nation under God,

indivisible, with liberty and justice for all. Look, baby. There we go. And one more. Thank you. [applause] Thank you so much once again to our youth for stepping up, leading us in our pledge of allegiance, and getting us started in our meeting. We thank you for being here this evening. Next, we are going to jump into the meeting with the adoption of the agenda. Any changes to tonight's agenda, questions, comments, or motion to adopt from council?

So moved.

Second.

All in favor? I.

Any opposed? Majority approves. Motion carries. We will keep the agenda as is for this evening. Starting with our presentations, recognitions, and awards. And first, we are going to start with a proclamation. Our proclamation honoring the retirement of Dr. Marvin Connelly.

I'm honored this evening to be able to read this proclamation. So at this time I will read it in its entirety. Honoring the retirement of Dr. Marvin Connelly. Whereas educators empower students and knowledge with knowledge and skills foster personal growth and enable students to contribute meaningfully to their communities. And whereas educators also enhance critical thinking, problem solving abilities and overall decision-making leading to more informed and engaged citizens and members of our society. Whereas Dr. Marvin Connelly was the first principal of Nightdale High School, serving for two years after the school's opening in 2004. And whereas a lifelong educator, Dr. Connelly officially retired on July 1st, 2025 from his role as Cumberland County School Superintendent. Whereas Dr. Connelly received many accolades over his career, including recognition as 2024 North Carolina Super uh superintendent of the year, Order of the Long Leaf Pine from the Governor of North Carolina, and was presented the key to the city of Fagville. And whereas the lifelong work of educators such as Dr. Connelly facilitates and promotes economic growth, reduces inequalities, and fosters a more inclusive and peaceful society. So now, therefore, I, Jessica Day, the mayor of the town of Nightdale, North Carolina, do hereby express sincere appreciation to Dr. Marvin Connelly for his dedication, his service to the education system in North Carolina. offer congratulations on his retirement and extend the best wishes for his new and exciting chapter ahead. Allow um join me in congratulating Dr. Connelly. [applause]

[applause] You have to tighten up a little bit.

All right. Excellent. Can we give him a round of applause one more time? [applause] Thank [applause] you. I want to thank everyone that came to honor him as well. Thank you for um showing your time. This has been such a great opportunity to be able to recognize somebody that's made such a major impact in the town of Nightdale. So, we are so appreciative and it's an honor to be able to share this moment. So, thank you.

That's beautiful to see. [snorts]

Next is recogn recog uh nation of advisory boards. The town of Nightdale is fortunate to have wonderfully engaged citizens who volunteer their time to serve on advisory boards in support of this community. Tonight, we want to recognize the accomplishments of these advisory boards and thank the members for their commitment. The board of adjustment is a decision-making body that reviews requests for relief from the town's regulations and considers appeals for decisions made by the town staff. This year, the board of adjustments met several times to act on two variance petitions and one appeal. To stay sharp for these late night meetings and difficult decisions, the board participated in a training seminar provided by the UNCC School of Government that focused on applicable applicable procedures and specific considerations related to variances and appeals. The board of adjustment is comprised of seven members, chair Tiffany Meyers, vice chair Chris Parker, Rita Blackman, Archie Hart, Chris Faw, Whitney Manzo, and Tom Carrian. Will the members of the board of adjustments please stand to be recognized? [applause]

[applause]

Thank you so much. And I know we have one that's already standing. So, yes, recognize. Um, the Community Relations Advisory Board serves with the purpose of advancing safety, respect, and comfort for all residents. This is a group whose dedication continues to shape our town into a place where citizens are given a voice. Since its formation, the board has strived to reflect the principles of understanding, goodwill, dialogue, and respect. Over the past year, the board has championed initiatives that bring

people together. From planning forums for homeowner engagement to advocating for programs that honor Nightdale's rich heritage, their efforts remind us that strong communities are not just made of roads and buildings, but they're made of trust, collaboration, and shared purpose. The community relations advisory board is comprised of nine members. Chair Grady Busy, vice chair Barbara Cashy, Derell Tenny, Anika Turner, Jenny Cop, James Utley, Tena Holly, Laura Wright, and Daryl Blevens. Will the members of the community relations advisory board please stand to be recognized? [applause]

[applause]

The land use re review board serves as the town's planning board per North Carolina general statute. They also serve as the community appearance commission and tree board. This year, the LURB provided guidance and recommendations to town council on seven land use cases and one text amendment. In their role as a tree board, they helped the town gain recognition as a Tree City USA for the 24th year and will be selecting their annual street tree project at an upcoming meeting. They also helped award multiple organizations and businesses across the town in their role as the community appearance commission. The land use review board is comprised of seven members. Chair Tabitha Hagen, Vice Chair Taylor Norton, Alan Smith, Lorie Dickens, Anthony Simmons, Nicole McIntyre, and Whitney Manzo. Will the members of the land use Ruby board please stand to be recognized? [applause]

Thank you. Next is our parks and wrecks advisory board. They advise on issues related to the planning and coordination of recreational and cultural programs, parks and special events, and other leisure activities for the citizens of Nightdale. This year, members of the Parks and Recreation Advisory Board volunteered at the town's flagship events such as July 4th, the Latin American Festival, the African-American Festival, and the Arts and Education Festival. They reviewed and made recommendations regarding several new plans and programs, including the public art plan, the recreation program plan, and recreation rental policy, and they assisted in the design of the new Nightdale Station Park playground. The parks and recreck advisory board is comprised of five members. The chair Alan Smith, the vice chair, Christina Brewer, Kenya Gomez, Brandon Jackson, and Ellen Ayes. Will members of the parks and recreation advisory board please stand to be recognized? [applause] The Veterans Memorial Advisory Board reviews and recommends candidates for an inscription on the Nightdale Veterans Memorial and advises the town on opportunities to recognize the local veteran community. In addition to carefully reviewing applications for the Veterans Memorial, uh board members also contribute to the success of this year's Memorial Day ceremony. Veterans Day tribute and Operation Greenlight. The board assisted with the design of a new marker at the Veterans Memorial and has been instrumental in the creation of the new hometown hero military banner program. Look out for that soon. They're actively

reviewing applications and will make a recommendation to council in the coming months. The Veterans Memorial Advisory Board is comprised of seven members. Chair Pete Mangum, Vice Chair Alexander Johnson, Tom Dunn, Doug Boyd, Allison Fernstrom Zertoma, Tammy Rich uh Tammy Richardson, and David Foster. Will members of the Veterans Memorial Advisory Board please stand to be recognized? [applause] I want to thank all of you for all the important work that you do, for the time that you have dedicated, for the space and the um for the thought that you have put into everything with the town of Nightdale. We are so grateful for each and every one of you and everything that you have been able to contribute. And now at this time, if I can ask all of the members on all the advisory boards to come forward for a group photo. Don't be afraid. Get in here. Get in the window.

smile. Wonderful. Thank you. [applause] All right. Once again, I want to thank all of our advisory board members. Thank you so much for participating um for contributing. Once again, thank you for your time. We've been able to do a lot because of your um your willingness to give back to the community. So, next is the police officer introduction and oath. Chief Caps.

Good evening, Mayor and Council. Uh as you know, this is an exciting time for me. I always take a little bit of pride and privilege in the ability to be able to introduce our newest police officers. And uh tonight I'm extraordinarily excited to be able to present to you the newest member of our team uh Mr. Schneong. Uh now uh he actually prefers to go by Schneider or if you see him around town, you can call him Jean. He is actually joined here tonight by a couple of his friends and also his mother who will be uh holding uh the Bible and uh pinning his badge. And I believe Mayor, you're going to come around and help us out with the oath of office.

There we go. Perfect. Okay.

Okay. No, I appreciate it. Repeat after me.

I and state your name. I

do solemnly swear

that I will support and defend

the Constitution and laws of the United States

and the Constitution and laws of North Carolina

and that I will faithfully discharge

and I will faithfully discharge

the duties of my office as police officer.

The duty of my office as police officer.

So help me God.

Congratulations. [applause] [applause] My brother.

[applause]

sister. Come on. Excellent. All right. Thank you.

So, a little bit about uh Schneider. He's actually no stranger to public service. He's actually coming to us from Michigan where he spent several years working as a police officer, firefighter, and public safety officer. uh he earned two associates degrees, one in criminal justice, one in fire science, and we were extraordinarily fortunate to be able to uh attract him to our organization. And it comes to that point uh in our oath of office ceremony uh where we challenge uh Schneider with some things that are extraordinarily important to us conversation that we've already had multiple times but a challenge that's very important to issue in this setting uh in the presence of these witnesses in the presence of these community members the elected officials and your colleagues who are here to support you tonight. Our organization rest on five core expectations. Something that we fondly refer to as the five rules. And these rules are about making sure that our culture, the strength of our organization is the best that it can be. And now that you're a part of that, you have a duty and an obligation uh to hold yourself and those around you accountable to those five rules. And here's where they are. Rule number one, the mission always comes first. And our

mission is about serving other people. Nothing is more important than the mission. Rule number two, always maintain an oath to our core values. Our core values are the tenants upon which our character, our identity, our culture rest. And so those core values are are things that you need to be allegant to all the time. Rule number three, tell 100% of the truth 100% of the time. Honesty really is the best policy. The truth isn't always popular. Sometimes the truth even comes with consequences. But the truth is important. Rule number four, remember this oath. You didn't swear an oath to a monarch. You didn't swear an oath to an individual. You swore an oath to a set of ideals that are important to the fabric of our constitutional republic. So always live out that oath. Never betray it. And rule number five is simply this. I don't expect anybody to be perfect. We're not perfect. But we do expect everyone to give their best effort in everything that they do. So no matter what happens, no matter what you encounter, give everything your best effort. And Schneider, I'll tell you what I've told many other people and what's proven to be true over the years. If you do these five things, everything else has a way of taking care of itself. We're so proud to have you on our team. We're excited for you. We're expecting great things, and I know you won't let us down. Thank you very much. [applause] Welcome again and thank you chief. Next is our public comment period. Uh this is for anyone here tonight who wishes to speak on an item that is not on the agenda. If you wish to address the council, you may come forward at this time.

If not, then I'll move to citizens inquiries. Any citizens inquiries from council?

I did get a few while we were out campaigning into the polls. Um, so I'll just briefly mention these three and then I'll forward them to the right people. Um, so, uh, one person mentioned, uh, street lights were removed at Smithfield and Maine. Um, so that caused a dark intersection right there. Um, speed study at Myrick Downs. They were asking how the location was determined for where that um, sign goes. And uh there was a good question about um uh signage for when street names change names like Smithfield to Horton or um first to Old Knight like how you know when it changes names. So I'll pass those along by email.

Thank you for that update. Any others?

If not, then I'll move to the consent agenda. Questions, comments on the consent agenda? or

motion for approval on the consent agenda.

Second.

All in favor?

I.

Any opposed? Majority approves. Motion carries. Next, we'll move to old business. ZMA-4-23. Terra Vita. Mr. Smith.

Thank you, Mayor Day. Good evening, council. It's always great listening to Chief Keep Chief Cap speak, isn't it? So, we'll go ahead and get get started with a little land use here. Sorry, move a couple things around. So, uh the only old business item tonight is uh a reasonzoning request for Terravita uh ZMA4-23. Uh this is a project that has um come before uh council and land use review board and back to to council um you know, several times over the past several months. Um so throughout this presentation I want to be brief but

thorough. Um so we'll just you know briefly discuss you know the the proposal itself uh the discussions that we've all had um across the past several months and then uh highlight some of the uh the changes that have been made and then it wouldn't be a land use case without comprehensive plan consistency. So, as a reminder, this is a uh reszoning request from the rural transition zoning district to uh the GR8 plan unit development uh zoning district. Project is Terravida. Uh the request is uh for 234 residential units uh on about 61 acres of land. Um if any if at any time you need a refresher on on the specifics of of what's being laid out, please feel free to stop me. Um but since there's been some time in between um our uh meetings and and discussions about this project, just want to remind what what occurred back in in March of this year uh at the joint public hearing. There was a lot of discussion about uh drainage and and runoff and what happens whenever whenever it rains. There's uh discussion about different environmental impacts and what what development means to um the environment. uh discussion about the storm water design, traffic volumes, congestion, uh discussions about roadway ownership and maintenance of adjacent roadways, uh tree preservation, and then of course comprehensive plan and the guiding principles. Following that, uh the the applicant spent a little bit of time considering those comments received, made some revisions to the plan, and went back before land use review board in August of this year. Uh again, we went over the proposed changes that were resolved at joint public hearing. Uh went over comprehensive plan consistency, really dove into different housing types and and varieties where where those are located. Again, tied to how the proposal has changed throughout the months, and then also talked about open spaces and vehicular and pedestrian infrastructure.

After that, we met and we met with town council in this room in September um to have another meeting to discuss the the future of this project. Uh a lot of that discussion uh was about the existing conditions of the adjacent roadways uh namely Quiet Oaks Road um to the west of the project and then uh Bobbit and Cotton Drive to the east. Uh there was little discussion about um there was discussion also um after that about Prock Ridge Road. So we'll be u discussing that. But just to kind of get into the uh the major changes um and notable changes that have occurred since September. Uh not a lot has changed with the actual design of the neighborhood. It really comes in in the in the zoning conditions. Um, so I'm just going to highlight and summarize uh what these changes and proposals are. Would like to note that the applicant and the developer are here tonight in case there is a need for a little bit of dialogue, but you know, my intent is to provide a summary. Um so just jumping into a quite oaks road uh there are some zoning conditions that have been been offered by the applicant that um there are um four options and you know that vary in different levels of uh required roadway improvements. So uh right now the quiet oaks road is it's a soil road, gravel road. Um, and what is being proposed with this zoning condition is is option one, the the first uh uh option that that the developer would would pursue was would be to bring the entire length of Quiet Oaks Road up to NC DOT uh residential road standards. Uh so they've provided this exhibit um that really shows what that would look like and and the uh the expanse of of what that option would require. The second option if if that if those

DOT standards are not achievable would be that Quad Oaks Road would uh receive another layer of fresh gravel and then a new uh layer of of asphalt all within the uh current rightway. Again, the applicant has provided you know generally what uh that would look like here. The third option, if if that if the second option isn't viable, would be that they would just resurface it with with gravel. And then finally, if none of those options were fruitful, then the final option would be that the developer would pay a fee loo for the the full cost of option one, which is the uh the NC DOT roadway standards. with all these whatever the selected option is, you know, as we as we work through that um they will those improvements will be due uh whenever that connection whenever the new development tervita connects to to Quiet Oaks Road. So that would be in in phase six. So it's not saying that the road will be improved, you know, day one. It's it's more of the improvement will come whenever the impacts from the new neighborhood come. Um with these conditions there are a list of possible constraints or or um obstacles or barriers that the applicant has identified that you know could um be an issue. So there are um preset items to investigate if the developer comes to us and says hey option one doesn't work we want to move to option two. So there there are some safeguards in there to you know start to um it's it's not a a thing of oh we tried to you know go with option one we're just going to you know skip to option four. So there's some language in there. Um and then there's also um some information about you know providing some signage to to make sure that uh there's not any unnecessary use of the road or or what have you. [snorts]

In addition to Quiet Oaks, I mentioned that uh there were discussions about Cotton Drive on the eastern side. So, there were um some some concerns with uh the existing property boundaries and and the the way the Terravita property connects to um Cotton Drive. And there were some rightaway um issues. So what was requested of the applicant were to you know try to come up with a solution to make sure that there are no issues with the rightway u at the end of Cotton Drive that would you know prohibit the connection of this new neighborhood um to that road. So again there are a couple options including this zoning condition. You know, the option one would be to acquire the actual uh rightway necessary to make these improvements and then uh lay down new gravel and a new uh layer of asphalt and make that connection. Uh if that is not a viable option, uh then the option two would be to pay feed those improvements so uh that at some point in the future that that uh those funds are available to make the connection. I mentioned the Procridge Lane. So, this is uh one of the roads within the Horton Mill subdivision immediately south of the subject property. Uh there were uh concerns of of residents that, you know, there's going to be increased amounts of of vehicles coming from this new development. Uh there are some concerns with maintenance responsibilities at Prockridge Road and Horton Mill Drive. So, the the applicant developer came back and uh said that they would work um with the uh the homeowners of of Horton Mill and and DOT and uh make the necessary repairs that would bring uh portions of Prock Ridge Lane and Horton Mill up to DOT standards. So then that those sections could be accepted by NC DOT and you know to to resolve some of

the or relieve some of the concern about the Terravita traffic impacting privately maintained um roadways. Uh similar to the quiet oaks this would be a requirement and they would become due whenever the actual Terravita connection is made to Brock Ridge Landing. So that would be in phase 10 of the proposal. And then like the other options, there's a a fee and loo option if if uh the uh actual roadway improvements aren't aren't made. In addition to these roadway commitments, the developer has made other commitments through through zoning conditions uh that speak to floo for pedestrian improvements along Buffalo Road to increase pedestrian connectivity. uh adding privacy fencing along certain uh perimeter boundaries to uh increase um the buffer between existing and and the proposed development and then also a uh onetime payment into the affordable housing trust fund. They've also committed to establishing increased storm water control measures for the stormwater ponds towards the south of the property. Uh in addition uh planting other and more canopy trees and open spaces uh and then also trying to make sure that folks can embrace the the nature of the site where they're trying to preserve. Um and then finally a commitment to some electric vehicle charging stations throughout some of the the visitor parking throughout um the development. With this proposal comes a handful of site development allowances. We've we've gone through these um in in the joint public hearing and the land use review board meeting. They have not changed. They remain uh you know very very common for the site development allowances that we see with with land use cases. So uh related to lot width, driveway length, uh building type and and set setbacks, uh clearing and grading and then street uh street design, distribution of uses.

Um so happy to go into those in more detail. Um, but kind of getting towards uh the end of this, as a reminder, the uh proposal is a base zoning district of GR8. And y'all are aware that the standards must be met unless other alternatives are proposed and council can request but not require additional conditions. And just a reminder that these um offered conditions, you know, came from from the applicant and uh they they're accepting those as proposed. We're aware that uh general statute sets uh specific procedures for uh approving for the elected body approving uh land use cases. So just real briefly stepping into the comprehensive plan uh subject property it's identified as as a growth reserve area on the intentional growth area map. Uh the urban small town framework map uh identifies it. um it doesn't provide much information but but uh tells us to look to the future place type map which is identified as a rural living and agriculture future place type. Um so all of the information and um descriptors of these um place of this place type and and the comprehensive plan have been included in the packet for consideration. looking at the uh place type transsect. This rural living agriculture uh future place type falls into the open spaces category. You're all familiar with this this image, but it shows how uh the town can you know develop and transition from from your agricultural uses to your urban small town. We investigated the roadway network plan found that is generally consistent with that plan. Same applies for the side path and greenway plan. Diving in parks and wreck master plan. The sub property is located within several of the service areas within several of our town parks. Guiding principles are are very

important aspect of of all development proposals. There uh applicants and developers are encouraged to embrace as many if not all of these guiding principles. Um and as proposed tonight, uh I've identified that this proposal, you know, lends itself to six of the eight, uh guiding principles, um you know, as a result of all the changes that have taken place, uh since March of this year. I have all the uh offer conditions here. I'm not going to read them, but they're here if we do need to go back for reference. Um, so it's it's everything that I've already highlighted talking about the roadway improvements. You can see that they're they're very extensive. There's there's a lot of language in them that is attempting to um, you know, set forth a strategy to make sure that the concerns of of the residents council um are are met and achieved. Um, so, you know, all of this information is included in in the board's packet. happy to go over um any of them. Couple we haven't mentioned was um you know the off-site pedestrian improvements you to Buffalo Road and restricted covenants to allow um accessory dwelling units, increased street tree sizes and then architectural standards that had been offered by by the applicant. um went over the affordable trust fund um and then the increased storm water pond u commitments. So just to close up here, the lane use review board did meet on August 11th, 2025. They recommended approval uh of the proposal and forwarded the following advisory statement describing plan consistency and reasonleness of action. Just bear with me. I'm I'm going to read it for you. Um just so it's on record. Uh so LURB's recommended advisory statement is while the proposed zoning map amendment is inconsistent with the

rural living and agricultural place type of nitale next v.2 2035 comprehensive plan. It addresses several of the plan's guiding principles through balancing land use, open spaces, housing, transportation, and infrastructure decisions with quality public spaces that promote a welcoming, inclusive, and diverse community for residents that support a more livable, memorable neighborhood. When implementing the playbook approach, the proposal committed vehicular, pedestrian, and utility infrastructure improvements will enrich the mix of land uses in close proximity, make efficient use of existing infrastructure, and provide new capacity and existing service areas to keep pace with growth, all of which allow for the reclassification to a secondary growth area in the intentional growth areas map. Furthermore, the proposal aligns with the goals of the affordable night of affordable night by including missing middle housing types that aid in establishing a mixed density neighborhood connected by a network of open spaces to provide a range of h home home choices in the same neighborhood. The request is reasonable and in the public interest as it expands publicly accessible routing options for vehicles, bicycles, and pedestrians in the vicinity. So, that is the lurb's uh recommendation from August of this year. Uh staff's recommendation would be for town council to make a motion to adopt Lord's recommended advisory statement. Uh adopt the uh conditions as proposed and included in uh the council's packet tonight. Adopt ordinance number 25-11-9-00003 and approve ZMA-4-23. And with that, that concludes my presentation. I'm happy to answer any questions. Thank you. Thank you so much. We'll bring it to council and open it up for questions.

Not a question, just a comment. This has certainly been a unique case and I wanted to thank staff for all the time that you've spent going back and forth and negotiating and advocating on behalf

of the residents nearby and citizens. Um, so a question Gideon, can you go back to the slide where it had the options particularly as it related to Quiet Oaks? Um, okay there. So I know there are various trigger points for those options to be engaged upon, but when and I've had conversations I read through. Is there any place that you all have where is memorialized as to who maintains the maintenance of Quiet Oaks? If it were to say just get to option three, um I per my understanding it would be the HOA, but I haven't seen it memorialize anywhere.

Yeah. So I have not also I've not seen that the HOA would be the responsible party. Uh starting at the top with option one, you know, if if NC if it were built to NC DOT road, uh it'd be likely that NC DOT would be um the the maintainer and the the owner of that. Um there was also, you know, maybe there's an option that the road if that it be built to a a town standard. So if if if it gets to that, maybe then the town would assume responsibility. Um but there there isn't anything that is formally offered at this time that would say okay the future Terrava HOA is responsible for X Y and Z on Quiet Oaks Road. So if it were to get to say option three, then we could have a case where that maintenance falls on or the disrepair falls on residents or someone else until it gets actually incorporated into the language. Correct.

Yeah. Um, I think I would like to defer to the applicant, but it's my understanding that they would be willing to commit to

writing in some language that that would be the HOA's responsibility if if it gets to that point. Um, but again, I don't I don't want to speak for them. And especially if this is uh if if there's a need to get additional language into a condition before actions taken, you I definitely don't want to speak on on behalf of what they're willing to commit to.

Before the applicant comes up, I I will throw this out. So, I would I am more comfortable or I don't like this menu option necessarily, and I know that staff does a great job of monitoring these triggers. I would almost prefer that this is a matter where option one is sort of the standard. If we have to go to an option two or whatever, it comes back to council for review and discussion. I don't know how that works and whether that creates some other dynamic in that space, but you know, this menu sort may work for say the cotton drive connection. Um, but I'm just not as comfortable with it as it currently states with um, quiet oats. It's a it's a long menu that um, I would like for us to have some measure of at least sighteline on.

Yeah. And you know the the intent was you know to show that the applicant is is committed to making some level of improvement you know understanding that you know additional engineering additional discovery will occur you know after a decision is made um there these are showing that they're they're the commitments but something to remember is there there's an additional step in in a land use case whenever we're dealing with plan unit develment developments and that's in a development agreement. So that's more of a a contract between the town and and the developer. And you know, there may be a way that addition additional information is is added in the uh development agreement that that says, okay, well

well, if option one isn't isn't viable, then either has to come back to town council for approval or it kind of sets up different mechanisms or or avenues within it. And there there can be more discussion there um in that development agreement, but knowing that, you know, we still have zoning conditions that are committing that, you know, the applicant is aware that in order to have a viable project, they have to make improvements to quite, you know, these adjacent roadways. So, you know, I will leave it up to you and if we need to revise conditions, you know, we we can. I'm just saying that there there's still another step in the process that you know could you know give us uh some opportunity to discuss further and figure out how when the proposal has to come back.

Can can I interrupt just um would you anticipate that by the time we got to a development agreement that we would have that additional engineering information? Are we far enough along in the process that we would have more information to, you know, look at option one versus

So, say, say we get, you know, to that point, our typical process is before the development agreement is presented to the town council, there's a couple rounds of construction drawings reviewed. So, so construction drawings are more detailed than the master plans we required. So I do think that there will be additional information found additional real constraints you know rather than these generalized constraints that you know may occur or may be present. I think that there will be you know more details determined um prior to a development agreement coming forward before council. I'll give I'll come.

Okay. And would you like to speak with the applicant? Okay,

thank you. Good evening. Michael Burch, Longleaf Law Partners here on behalf of the applicant. So, you're right. It doesn't say it in there. I think what I was operating on is because the developer and in the future the HOA owns the property and is the one making the improvements and kind of owning the improvements that they would be responsible for the ongoing maintenance. But for clarity, have it expressed in the language that if it is if those improvements are not accepted for maintenance by NC DOT, then it will be uh a maintenance obligation of the HOA going forward until such time as it's accepted by NC DOT or the town in that time. So, just want to make that clear on the record and we can certainly uh have the language reflect that as well. That's that would be best for everybody.

Any additional questions or comments?

Uh just one question for staff. The improvements down in Horton Mill, do we anticipate that also being turned over to NC DOT or are there additional steps that would be needed there? So it's likely that it would go to NC DOT. So the way that Horton Mill subdivision it was it was platt the roads were platted as as public roads that would be DOT roads. At some point the the roads were never turned over to DOT. So there's still public rightways, but before a road's turned over to DOT, there's there's a punch list and there's maintenance responsibilities that the homeowner or developer would be required to do. Unfortunately, the developer is not in the picture. It's an it's an older subdivision. So what's being offered is you know we we have a punch list from

DOT from 2020 and you know one of the this condition is you know make those you know address that punch list to help those homeowners in there you know make the next step to to get publicly maintained and owned um roadways. All right. Any additional? Is anyone um ready to make a motion?

I know it's hard to believe I actually am doing this. I will make a motion to adopt alert recommended advisory statement regarding the comprehensive plan consistency. Adopt conditions as proposed uh and adopt the ordinance and approve ZMA 4-23.

Second.

All in favor?

I.

Any opposed?

Majority approves. Motion carries. Next, we will move to our advisory board and committee reports. I know we heard quite a bit about our advisory boards this evening and seeing our advisory board members, but from our council, are there any other reports that we would like to share?

I don't know if it makes sense on for the Veterans Memorial Advisory Board because two green thumbs puts it on, but Veterans Day program went off very well. Um the town supported the garden club. Um it was excellent event. So thank you.

Thank you councelor. Any others? All right. If not then may I have a

motion to adjurnn?

So moved.

Second.

All in favor?

Any opposed?

Majority approves. Motion carries. At this moment we stand adjourned. Thank you all for joining us for our November town council meeting. Have a wonderful rest of your evening and rest of your week. Oh, it is, isn't it? Oh my gosh. And happy Thanksgiving. Enjoy the holiday next week. It is coming up.