All items are for discussion and possible action unless otherwise specified.

Transcription

1 Attendance: Mayor John Crump; Mayor Pro Tem Darren Hartsell; Councilmembers: Allen Burnette, Mike Tallent and Rich Wise; Town Manager, Doug Paris; Attorney, Anthony Fox; Town Clerk, Nancy E. Boyden, CMC, NCCMC; Finance Officer, Beverly Love; Planning, Zoning & Subdivision Administrator, Kassie Watts, AICP, CZO; Town Engineer, Richard McMillan, P.E.; Cabarrus County Captain, Marc Nesbit; Midland Firefighter Chase Abernathy. Also Present: Cabarrus County Sheriff Van Shaw. Absent: None. Late: None. Guests: None. All items are for discussion and possible action unless otherwise specified. 1. Invocation: Councilmember Tallent pronounced the Invocation. 2. Open Meeting: Mayor Crump opened the meeting at 6:01 pm and called the room to order. a. The Room stood for the Pledge of Allegiance. 3. Announcements: a. There will be a 1 day delay in garbage and recycling pick up due to the Christmas holiday. b. Town Hall will be closed December 24 th, 25 th and 26 th in observance of the Christmas holiday. 4. Comments by Sheriff Van Shaw: Newly elected Sheriff Van Shaw said he is looking forward to working with Midland s Council and Town Manager. There is a special relationship with the Sheriff s Office and the Town of Midland and he wants to do everything he can to enhance that relationship. Problems will arise as growth continues in Cabarrus County. Sheriff Shaw also said that he named a chief deputy. His name is James Bailey. There has been a lot of progress in recruitment and he s hired 2 new patrol officers and some others will be graduating soon and he wants to make sure all areas are fully staffed. Sheriff Shaw thanked Council. 5. Approval of Agenda: Motion was made by Mayor Pro Tem Hartsell and seconded by Councilmember Wise to approve the Agenda as presented. Motion carried Consent Agenda: Minutes: Regular Session ; Regular Meeting Calendar for 2019; Purge FY Invoices; Purge FY Agenda Packets. MIDLAND TOWN COUNCIL REGULAR MEETING SCHEDULE Calendar Year 2019 Regular Council Meetings are held the 2nd Tuesday of each month. Midland Town Hall 4293-B NC Hwy. 24/27 Midland at 6:00pm. FY 2019 TC Page 132

2 This Meeting Schedule is subject to change. January 8 th, February 12 th, March 12 th, April 9 th, May 14 th, June 11 th, July 9 th, August 13 th September 10 th, October 8 th, November 12 th, December 10 th. Motion was made by Mayor Pro Tem Hartsell and seconded by Councilmember Wise to approve the Consent Agenda as presented. Motion carried 4-0. Highway 24/27 Sewer Expansion Special Assessment Project: a. Presentation of First Class Mail Public Notice Certificate Mr. Paris said per requirements by the state statute, Midland s Planning Clerk, Hilda Keeney has certified the mailings. For the record, this statutory requirement has been satisfied. b. Open the Public Hearing on Preliminary Assessment Resolution for the Extending of Sewer into the Area known as the HWY 24/27 Sewer Expansion District Mayor Crump opened the Public Hearing at 6:04pm. Citizen James Patrick said the extension ends on 1 of his properties. He asked if this will be a required connection. Mayor Crump said at this time the council is only taking public comments. Any questions will be recorded and staff will get back with answers. Mr. Patrick asked what if the sewer connection from the main sewer line happens to be lower than the main sewer line. Will this require a pump and if so who is going to have to pay for that? Mayor Crump said with the proper engineering everything is going to be gravity. Town Engineer McMillan addressed the question. He said typically sewer lines are about 8 deep. If a house sits really low the homeowner would have to pump up to it. Sewer cannot be designed for every property. You try to pick up the majority. If a house sits far back off the road and there is a ditch the owner may have to pump up to it. Mr. Patrick asked if the property owner would have to pick up that tab. Mr. McMillan answered, Yes. If for some reason property cannot be serviced by normal depth sewer that would be the case. Mayor Crump asked if Mr. Patrick s property is level with the highway. Mr. Patrick said until the highway was widened it was level. To have a natural down flow from his house, he said his septic line is in the back. It can t be diverted to the front because the house is on a slab. By the time the connection is made there it is going to be fairly deep. Mr. McMillan said that until the sewer line is actually designed, on a 4 lateral coming from the house, 1% grade minimum so every 100 you have to drop 1. Mr. Patrick asked if staff has researched the price of one of these pumps if it becomes necessary. FY 2019 TC Page 133

3 Mayor Crump said that he has not. Mr. McMillan said that it would be a small grinder pump with probably a 2 forced main coming out of it. Typically they are not that expensive. He said that he hasn t priced one specifically but usually they run about $ Mr. Patrick said because of the way his house sits it will probably run him about $5,000 to get the sewer connection. Mr. McMillan answered that he doesn t know that cost. Mayor Crump said that Council and staff will know more about prices once the line is engineered. Mr. Patrick asked that if this becomes a necessary evil will there be any financial help from the Town of Midland. Mayor Crump said that he can t answer that question either. There were no more questions or comments from the public so Mayor Crump closed at 6:10pm. Motion was made by Councilmember Wise and seconded by Mayor Pro Tem Hartsell to direct staff to prepare a final assessment resolution for adoption at the January 8 th, 2019 Town Council meeting in accordance with the requirements found in NCGS 160A-225, and accept the certification of the planning clerk of the public mailing notice. Motion carried Public Comment: No comments forthcoming. 8. Public Safety: a. Police Report - Cabarrus County Sheriff for Midland Captain Nesbit gave the following report for the month of November, 2018: 578 Self-initiated calls for service- some of which were: 5 B/E of vehicles; 1 Property damage; 491 Security checks; 5 Suspicious vehicles; 2 Traffic accidents- property damage only; 53 Traffic stops. 122 Dispatched calls for service- some of which were: 1 B/E of residence; 2 B/E of vehicles; 5 Larcenies; 1 Robbery; 1 Security check; 3 Suspicious subjects; 1 Suspicious vehicle; 20 traffic accidents- property damage only; 3 traffic accidents- personal injury. FY 2019 TC Page 134

4 Captain Nesbit also reminded citizens to keep their vehicle and home doors locked. This is the season when there are more robberies. b. Midland Volunteer Fire Department Report Firefighter Chase Abernathy reported the following for the month of November 2018: 8 Structure fires; 4 Residential fire alarms; 5 Commercial fire alarms; 1 Brush fire; 1 Vehicle fire; 4 Local alarms; 4 Motor vehicle accidents; 43 Medical calls. Total calls for service= Planning: Planning, Zoning & Subdivision Administrator- K. Watts Ms. Watts: a. ZMA Zoning Map Amendment (TNDO) for Burton Engineering and Ken Lingafelt addresses: 3306, 3410, 3506 & 3608 NC Hwy. 24/27E. Re: ZMA Zoning Map Amendment (Conditional) Cabarrus County PIN# s , , , & BACKGROUND & PETITION INFORMATION On November 8, 2018 the Town of Midland received an application and Conceptual Site Plan (Exhibit #1) for a Conditional Zoning Map Amendment for the properties shown on the attached Current Zoning Map (Exhibit #2). The specifics of the rezoning application are as follows: Applicant: SED & M Inc., c/o Ken Lingafelt Owner Information: George & Shirley Plummer, Blair Kee Existing Zoning: Single Family Residential (SFR) Proposed Zoning: Traditional Neighborhood Development Overlay - Conditional (TNDO-CZ) Permitted Uses: All uses permitted in the Traditional Neighborhood Development Overlay (TNDO) zoning district as shown in Article 8, Table Table of Uses, would be permitted on the subject property. Parcel ID Numbers: , , , & Property Addresses: 3306, 3410, 3506, & 3608 NC Hwy 24/27 E, Midland NC, Area in Acres: +/ Site Description: Portions of the site have historically been used for farm operations. The site has an older residential structure located near the front of the property, close to NC Hwy 24/27 E. The remainder of the site is vacant. FY 2019 TC Page 135

5 Adjacent Land Use: Commercial (Harwood Automotive), Residential (Bethel Glen Subdivision and Turner Plantation Subdivision) and Vacant. Surrounding Zoning: The property is surrounded by Single Family Residential (SFR) zoning on all sides, which the exception of Harwood Automotive which is zoned NC Hwy 24/27 Commercial (C 24/27). Utility Service Provider: The property will be served by public water and sewer provided by the City of Concord. INTENT OF ZONING DISTRICTS Existing District: Single Family Residential (SFR) The Single Family Residential District (SFR) provides for the completion of existing residential neighborhoods and the development of new residential neighborhoods in a pattern that encourages the wise use of land. Allowed building/lot types in the Single Family District are Detached House and Civic Building. Permitted uses are restricted to single family homes and their accessory uses, a limited number of related uses that serve the residential neighborhoods, and civic uses. Neighborhoods in this district are the dominant land use in Midland and are a major element in defining the character of the community. Standards for the Single Family Residential District ensure that new development maintains the character of the community. The Single Family Residential District permits the completion and conformity of conventional residential subdivisions already existing or approved in sketch plan form by the Town of Midland prior to the effective date of these regulations. Proposed District: Traditional Neighborhood Development Overlay (TNDO) The Traditional Neighborhood Development Overlay District (TNDO) provides for the development of new neighborhoods and the revitalization or extension of existing neighborhoods. These neighborhoods are structured upon a fine network of interconnecting pedestrian oriented streets and other public spaces. Traditional Neighborhood Developments (TND s) provide a mixture of housing types and prices, prominently sited civic or community building(s), stores/offices/workplaces, and churches to provide a balanced mix of activities. A Traditional Neighborhood Development (TND) has a recognizable center and clearly defined edges; optimum size is a quarter mile from center to edge. A TND is urban in form, is typically an extension of the existing developed area of the town, and has an overall residential density of 4 to 12 dwelling units per acre. TNDO districts should have a significant portion of land dedicated to open spaces. EXHIBITS 1. Conceptual Site Plan (Submitted by Applicant) 2. Current Zoning Map (Submitted by Staff) 3. Future Land Use Map (Submitted by Staff) LAND USE PLAN ANALYSIS The property lies within the area designated on the adopted Town Plan 2030 Future Land Use Map for Neighborhood and Commercial uses and is consistent with the Town Plan 2030 Land Use and Comprehensive Master Plan, Revision 2, adopted October 8, 2013 and amended March 8 and October 11, 2016, April 11, 2017 and July 10 and September 11, 2018 as shown on the adopted Land Use Map appearing therein. (See attached Future Land Use Map Exhibit #3) The property is currently zoned Single Family Residential with approximately 8 acres being utilized for farming. This amendment is reasonable because the majority acreage of subject properties are adjacent to existing residential uses and would be an extension of an existing FY 2019 TC Page 136

6 subdivision as shown on the associated concept plan. In addition, the location of the commercial component of the TNDO along the frontage of NC Hwy 24/27 would comply with the FLUP s vision for commercial development along the major corridor where utilities are currently located and expansions are slated. This amendment will allow the subject property to be used in accordance with the standards of the Traditional Neighborhood Development Overlay (TNDO) zoning district in the future. The amendment allows for the potential growth and expansion of the residential housing inventory of the Town, as well as the economic base of the Town through the addition of commercial outparcels along NC Hwy 24/27, thus providing opportunities for local jobs for the community. FINDINGS AND CONCLUSIONS Conditional zoning is established to provide for flexibility in the development of property while ensuring that the development is compatible with neighboring uses. Conditional zoning affords a degree of certainty in land use decisions not possible when rezoning to a general use district. Additional standards and regulations may be attached to a proposed development to ensure compatibility with the surrounding uses and with applicable adopted plans. The applicant has submitted a Conceptual Site Plan (See Exhibit #1) for the overall development of the subject properties that will be attached to the approval of the conditional rezoning should the Town choose to support this request. If approved, the applicant would then be required to go through full Preliminary Plat review and approval for a Major Subdivision, which includes review and approval by the Technical Review Committee (TRC) and all associated service providers. (Fire, Water, Sewer, NCDOT, etc.) Highlights of the proposed conceptual site plan include the following: 130 +/- Lots Average Lot Size 10,000 Sq. Ft. Average Density is 2.2 units per acre acres of open space (10% is required, applicant showing 14.08%) 6.5 acres of commercial uses located along NC Hwy 24/27. The concept plan shows the main entrance coming in off NC Hwy 24/27 across/lining up with Riceland Way, and a connection to the Bethel Glen Subdivision by way of Muddy Creek Road. In addition, Muddy Creek Road will also tie into the back of the commercial component. Amenities include a walking trail, gazebo and picnic area and community garden Staff has reviewed the Conceptual Site Plan and finds that it meets the standards of the Traditional Neighborhood Development Overlay as outlined in Article of the Midland Development Ordinance. PROPOSED CONDITIONS 1. Applicant will be required to submit architectural elevations for all single family residential uses. Single family residential uses shall be constructed of hardy plank, accented with brick, wood and stone materials. Vinyl will only be used for facia and boxing. 2. The developer will utilize both 30 foot and 40 foot front setbacks as shown on the conceptual site plan. 3. Valley curb will be allowed per the approval of the Town Engineer provided a stone base is incorporated under the curb per the approved detail. 4. The walking trails shall be constructed of an all weather surface and plans must be submitted to the Town for review and approval on the specifics of the trail location/design and the stream crossing. FY 2019 TC Page 137

7 5. Single Family Residences with one car garages shall have a secondary parking pad area adjacent to the driveway to prevent on street parking and cars overhanging the sidewalk. 6. Commercial uses are subject to all standards of the MDO and shall be reviewed and approved under separate site plan submittals at future dates. 7. Stream Buffers on lots shall have deed restrictions on disturbance, clearing, and the location of structures and other improvements. These activities will not be permitted. 8. Tree Conservation and buffer areas shall remain in perpetuity and shall be recorded in the Cabarrus County Register of Deeds office via deed description and/or plat. 9. Street trees shall be small maturing trees, installed at 30 ft. O/C in street yards. 10. The developer must resolve/remove restrictive covenants from the lots originally subdivided as part of Turner Plantation prior to receiving Preliminary Plat approval. 11. The conceptual site plan is illustrative. Final Design of the project as reviewed by the Technical Review Committee shall be subject to meeting all Town of Midland zoning and development standards. POLICY IMPLICATIONS The Town of Midland Development Ordinance and the North Carolina General Statutes require the P&Z Commission to make a recommendation on the zoning map amendment. On November 27, 2018 the Midland Planning & Zoning Commission reviewed the zoning map amendment petition and voted unanimously to recommend approval of the proposed Traditional Neighborhood Development Overlay-Conditional (TNDO-CZ) zoning designation. Notice of the meeting and this agenda item have been publicized, letters have been mailed to all adjacent property owners within 500 ft. of the subject properties, and a zoning hearing sign has been posted on the property. Town of Midland Development Ordinance standards will apply following the: 1. Public Hearing held by the Town Council (December 11, 2018), and 2. Adoption of an Ordinance (ZMA ) including both Reasonableness and Consistency Statements designating the Town zoning classification. The Council may vote to recommend approval, denial, or to modify the recommended classification in accordance with the adopted Town Plan 2030 Land Use & Comprehensive Master Plan, Revision 2 adopted October 8, 2013 and subsequently amended March 8, and October 11, 2016, April 11, 2017, and July 10 and September 11, 2018 by the Town of Midland Town Council. END Discussion: Mayor Pro Tem Hartsell: Are the 130 homes going to be starter homes or custom homes? The reason I m asking is because of the school situation. If the 130 homes have young children they will all be going to Bethel School. I don t know what the capacity at Bethel School is. We also need to take into account how quickly they want to build it out because of the school situation. Ms. Watts: I would like to refer to Mr. Lignafelt as to what types of homes will be built. Mayor Pro Tem Hartsell: I like neighborhoods but I don t like 40 lots. When packing that many houses in that area I think in about 10 years they won t look that nice. Mr. Lingafelt: We are targeting the 55 and older age group. The homes are not restricted to that but that is our target market. Our feasibility studies show this area gives to the retired FY 2019 TC Page 138

8 population. We use Hardy Plank not vinyl. Starting out we thought we would have 150 but reduced that back to130 homes to comply with everything the town has asked of us. These homes would start in $280,000 range. The interior has amenities that cater to the 55 and older population. We also have a HOA that will maintain the amenity areas. The homes are brick in keeping with the Bethel Glen neighborhood. Mayor Pro Tem Hartsell: Have you built any other neighborhoods? Mr. Lingafelt: We have not built anything of this size. Most of our homes are custom. We did 2 neighborhoods in Cabarrus Co. They are homes of quality. Councilmember Burnette: [to Ms. Watts] You said they would be a minimum of 10,000sq. ft. lots. You said Bethel Glen averages 10,000sq. ft. lots. What about Saddlebrook? How big are those lots? Ms. Watts: Saddlebrook is roughly 75,000 to 8,000 square feet. Fox Creek is 4,500 to 5,000 square feet. Ms. Watts: Most of the lots in this new neighborhood are 60 wide. The lots in Fox Creek are 40. Some of the lots in the new development are a little larger than 10,000sq.ft. Councilmember Tallent: The 3 commercial lots at the front have nothing to do with our decision tonight. Ms. Watts: They are included in the TNDO. A TNDO is supposed to include a mix of residential and commercial uses. There are uses allowed in the TNDO. Those would only be allowed on the 6.5 acres. The site plan shows that the rest of it will develop for residential. Councilmember Tallent: Those 3 lots would have to be changed to commercial because of the Turner Plantation restrictive covenants. Ms. Watts: They would have to remove the restrictive covenants in order to develop those lots. They could develop as residential uses but there are limitations of subdividing them. Attorney Fox: Mr. Tallent you are referring to the commercial lots shown on the site plan. This is indeed a site plan and if Council were to approve, it would be what the builder would be bound by. It shows commercial on those 3 lots. A letter that I received from Attorney Jim Scarborough raises a question regarding restrictive covenants that exist by the residential subdivision that abuts its site and includes those lots. According to the letter it restricts those lots to residential uses only. What you have before you is a recommended conditional rezoning that has as 1 of the conditions, is the lots would be subject to removing the restrictive covenants and the builder/developer would have to deal with the neighborhood to do so. This is a private matter between the neighborhood and the developer. It does not affect the zoning that this council is authorized to do. i. Open Public Hearing Mayor Crump opened the Public Hearing at 6:38pm. Citizen Tony Caulder: Lives on Pelham Ln. Mr. Caudler said that he and his wife live on Pelham Ln in the Turner Plantation neighborhood. His property is adjacent to the proposed Cedar Creek development. FY 2019 TC Page 139

9 We understand that the subdivision is going to have a 25ft. buffer. When the Plummer property had its trees harvested, I had requested a buffer from the land owner and it was denied. Since that buffer was denied we ve been losing huge oak trees along that property line. I ve lost about 7. We are concerned about that and would like to ask that a 50ft. buffer be considered if this development goes through. I m also concerned about property line infringement. When the property was surveyed it didn t seem to be that great of a job. The property line is kind of illdefined so again I m worried about infringement onto my property. Thank you. Citizen Luis Albiza: Lives in Turner Plantation. I live in Turner Planation phase 3 and I represent the neighbors in phase 3 and phase 1. Both phases have deed restrictions. The 2 key factors in these restrictions sent by Attorney Scarborough concerns phases 1, 2, & 3 only. These restrictions are very clear in stating that there can be no commercial or subdivide into more than 2 lots. We have a petition ongoing and I ve been notified by my attorney that Mr. Lingafelt also has the petition. The majority of property owners have to vote to get them removed. As of right now, we have the majority without a doubt in phase 3 and (there s 10 lots). We have 3 people in phase 1 and 2 other people are committed to sign. At that point it will be a and will go from there. I handed the letter from the attorney to Mr. Plummer and Mr. Kee and it was ed to Mr. Lingafelt. The letter pretty much states that we are not in agreement in lots 1, 2 & 3. Back in 1979 when Turner Plantation was formed, those developers had the foresight to think about the future of the neighborhood. The newer people to the neighborhood are lot 4 and they signed the petition. I understand that Midland is growing and I m a builder and have been involved in many projects. I never tried to maximize density to maximize property. There is the issue with the schools and traffic problems. Eventually there will be a need for a traffic light. I hope you will consider the deed restrictions that were put in place to protect the residents that are highly affected. Without a doubt, we are going to proceed with this legally if they do try and go forward with this development. These lots are small. Bethel Glen is a nice community. The other 2 developments (you know what they are) if you keep going down this path I would hope that you keep the minimum lot size to 11,600sq. ft. Cedar Creek has many that are below 10,000 sq. ft. Quite a bit of them are at or below 8,000 sq. ft. I m also concerned about the buffer. It has been reduced from 50 to 25 with a 3 berm. A 3 berm is nothing. Six foot berms give a little more privacy. I would really hope that you will consider all those points in making you decision tonight. Thank you. Citizen Jason Weinstein: Lives in Turner Plantation: We ve been residents there since We purchased in Turner Plantation because all the lots are 5-10 acres. In addition, the neighborhood is covered by covenants and deed restrictions. We purchased our home with the understanding that these would be assigned to all the lots within Turner Plantation. The 1 st time that I heard Mr. Plummer s name it was in reference to a tree farm. Our property backs up to the propane gas line there and the acreage was clear cut and we were told that it was going to be a tree farm. As a result, all of the trees on the back row where our property abuts several large trees have been cut down. My assumption is that he followed all the legal avenues and with that I believe there is a tax rebate. Now we are looking at a piece of property that looks much like Fox Creek which was clear cut as well. Now Mr. Plummer and the developer are looking to develop this property. I ask the town to consider what that means and who we re working with in terms of how we can work with someone within the community to develop this property that doesn t seem to be aligned with the community or in the best interest and aesthetics. In addition recently there was a survey. I was not aware there was going to be a survey. The only reason I know is because my neighbor Tony said there were flags all over his property and that I may want to check my property. We have a FY 2019 TC Page 140

10 small 5 acre parcel and we are real happy out there. Legally I don t understand why a developer is on our property and not having the respect to let us know and address this head on. In addition I just drove in on the highway. It s a great stretch of road but I got into a group of vehicles bumper to bumper. With the MPH at 55 good luck getting out of Riceland Way or in the area onto the highway. We spoke to the church and they said the same thing. They feel like they are taking their lives into their hands going out of Gelding Dr. onto Hwy 24/27. Re density, I don t know why we need more small lots. I feel that Midland could develop a little differently. I thought this would be a rural suburban community and what I am presented with here is much a suburban urban community like something you find next to Charlotte. Midland is not in a position to supply the essential needs of a large community. The town and schools are in no position for more density. Consider these points please. Again the vision for Midland was to have a rural suburban community. This will become a population density and a nightmare for the town to maintain. Mayor Pro Tem Hartsell: Some of your concerns are mine. I m concerned about density too. Citizen Darrell Helms: TNDO I sit on the P&Z board. We went to a great extent to talk about the buffer zone and in the regulations that we have it started out with a 50 buffer. If you put up a fence you can cut it back to 25% which is a 25 buffer. We talked about the berm a lot so that s where we came up with a 25 buffer with a 3 berm. The developer is also going to landscape that and their HOA will do the upkeep. The developer also went to the point of taking more of his land for that buffer. I m from Charlotte and I ve seen this work. I understand the citizens concerns about the buffer and demographics but until we get more roof tops in Midland we will not get any restaurants or anything like that. So this man has gone through a lot of hoops to get where he is right now. I understand there are some people concerned about that. I m concerned about it too but you can t go on about traffic lights or schools because that s up to the county and not up to Midland. I just wanted to bring that to your attention. Councilmember Wise: Everyone is talking about how small the lots are. There are 7 lots that are 9,950 - nothing under that. Most of them are 10,000 or better. When I get the facts I want that to be the truth and the truth is that there are only 9 lots that are under 10,000sq. ft. This gentleman did a good job trying to make the most of what he had. Mayor Crump closed the Public Hearing at 6:59pm. Motion was made by Councilmember Wise and seconded by Councilmember Burnette to adopt Ordinance #ZMA designating the subject property as Traditional Neighborhood Development Overlay - Conditional (TNDO - CZ) with the associated conceptual site plan and conditions, to be consistent with the Town Plan 2030 Land Use and Comprehensive Master Plan, Revision 2, adopted October 8, 2013 and subsequently amended March 8, and October 11, 2016, April 11, 2017 and July 10 and September 11, 2018 as shown on the adopted Land Use Map appearing therein which covers areas outside the city limits of the Town of Midland, but lying within the area known as the Midland Service Area, as required by NCGS 160A-383. This amendment is reasonable because the majority acreage of subject properties are adjacent to existing residential uses and would be an extension of an existing subdivision as shown on the associated concept plan. In addition, the location of the commercial component of the TNDO along the frontage of NC Hwy 24/27 would comply with the FLUP s vision for commercial development along the major corridor where utilities are currently located and expansions are slated. This amendment will allow the subject property to be used in accordance with the standards of the Traditional Neighborhood Development Overlay (TNDO) zoning district in the future. The amendment allows for the potential growth and expansion of the residential housing inventory of the Town, as well as the economic base of the Town through the addition FY 2019 TC Page 141

11 of commercial outparcels along NC Hwy 24/27, thus providing opportunities for local jobs for the community. Motion carried 3-1. Mayor Pro Tem Hartsell dissented. Attorney Fox: What the council has done is approve this as a conditional zoning. It includes 1 condition. It requires the developer to satisfy the restrictive covenants as it pertains to the lots in question. However the council s action is based on zoning and zoning alone. It does not involve pursuing individual property rights that residents that live in those subdivisions may have. They have rights independent of this forum to pursue. Ms. Watts: Also if the developer does not proceed with the development of the project, 24 months from this date the zoning reverts back to the original zoning. Attorney Fox: I cannot advise individual property owners on their rights. My role here is to advise the council on the use of their legislative powers. Rights that the citizens have regarding restrictive covenants are their rights. AN ORDINANCE AMENDING THE DEVELOPMENT ORDINANCE OF THE TOWN OF MIDLAND, NORTH CAROLINA FY 2019 TC Page 142 Ordinance Number #ZMA BE IT ORDAINED by the Town Council of the Town of Midland, North Carolina that the Midland Development Ordinance Official Zoning Map as adopted pursuant to Article 1, section 1.13 of the Town be amended as follows: Part 1. Consistency with Adopted Comprehensive Plan. The Town Council finds that the zoning map amendment to the property of George & Shirley Plummer and Blair Kee; changing the zoning designation of Town of Midland Single Family Residential (SFR) to Town of Midland Traditional Neighborhood Development Overlay - Conditional (TNDO-CZ). To adopt Ordinance #ZMA designating the subject property as Traditional Neighborhood Development Overlay - Conditional (TNDO - CZ) with the associated conceptual site plan and conditions, to be consistent with the Town Plan 2030 Land Use and Comprehensive Master Plan, Revision 2, adopted October 8, 2013 and subsequently amended March 8, and October 11, 2016, April 11, 2017 and July 10 and September 11, 2018 as shown on the adopted Land Use Map appearing therein which covers areas outside the city limits of the Town of Midland, but lying within the area known as the Midland Service Area, as required by NCGS 160A-383. This amendment is reasonable because the majority acreage of subject properties are adjacent to existing residential uses and would be an extension of an existing subdivision as shown on the associated concept plan. In addition, the location of the commercial component of the TNDO along the frontage of NC Hwy 24/27 would comply with the FLUP s vision for commercial development along the major corridor where utilities are currently located and expansions are slated. This amendment will allow the subject property to be used in accordance with the standards of the Traditional Neighborhood Development Overlay (TNDO) zoning district in the future. The

12 amendment allows for the potential growth and expansion of the residential housing inventory of the Town, as well as the economic base of the Town through the addition of commercial outparcels along NC Hwy 24/27, thus providing opportunities for local jobs for the community. Part 2. Designation of Initial Zoning Designation. Cabarrus County Property Identification Numbers , , , & shall be designated Traditional Neighborhood Development Overlay - Conditional (TNDO-CZ) on the Official Zoning Map as shown on Exhibit B. Part 3. Effective Date. This Ordinance shall be effective immediately upon its adoption. Adopted this the 11 th day of December, FY 2019 TC Page 143

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14 Ms. Watts: b. Amend Annexation Ordinance # (A), William and Sheila Smith property at12336 Old Camden Rd. Midland, NC Cabarrus County PIN: BACKGROUND On July 3, 2018 the owner of property located at Old Camden Road; Midland, NC (Cabarrus County PIN# ) submitted a petition for voluntary contiguous annexation into the town limits of the Town of Midland. The property consists of approximately /- acres. FY 2019 TC Page 145

15 On July 10, 2018 the Town Council adopted resolutions (# (A)), directing the clerk to investigate the sufficiency of the petition, and (# (A)), calling for a public hearing on the subject of annexation. On August 14, 2018, the Town Council held the public hearing and voted to adopt Ordinance (# (A)) to incorporate the property of William and Sheila Smith. Upon further investigation and in speaking with the Cabarrus County Tax Office, staff discovered a minor error in the deed description of the property that was used as Exhibit A. Staff contacted the petitioner, Mr. William Smith, and requested he submit a correct deed description and accurate map (survey) to clarify the discrepancy. He submitted both and staff recommends replacing both Exhibit A and Exhibit B to correct this error. The Town Council should amend the annexation ordinance to attach the revised Exhibit A and Exhibit B. The sole purpose of this amendment is to correct and align the legal description with the property identified in the petition and certified by the Clerk. This action will append the revised Exhibit A and Exhibit B the ordinance adopted August 14, This amendment shall relate back to August 14, 2018 when the property was originally annexed. RECOMMENDATION FOR ACTION The actions that may be taken at the December 11, 2018 meeting include: a. Conducting a public hearing for the purpose of receiving input from citizens b. Consideration (adoption or rejection) of a ministerial correction/amendment to ordinance (# (A)) i. Open Public Hearing Mayor Crump opened the Public Hearing at 7:05pm. There were no comments so he closed at 7:05pm. Motion was made by Councilmember Wise and seconded by Mayor Pro Tem Hartsell to amend the annexation ordinance to attach the revised Exhibit A and Exhibit B. The sole purpose of this amendment is to correct and align the legal description with the property identified in the petition and certified by the Clerk. This action will append the revised Exhibit A and Exhibit B the ordinance adopted August 14, This amendment shall relate back to August 14, 2018 when the property was originally annexed. Motion carried 4-0. AN ORDINANCE TO AMEND ORDINANCE # (A) BY REPLACING EXHIBIT A AND EXHIBIT B WITH A CORRECTED LEGAL DESCRIPTION AND A MORE ACCURATE MAP Ordinance # (A) WHEREAS, a Petition signed by William and Sheila Smith, being the owners of the certain land areas containing /- acres as described in the Petition was received by the Town of Midland on July 3, 2018; and WHEREAS, the owner petitioned that said area be annexed into the corporate limits of the Town of Midland, North Carolina, as authorized by Part 1, Article 4A, Chapter 160A of the General Statutes of North Carolina; and WHEREAS, the Petition was presented to the Town Council during the regular meeting of July 10, 2018; and FY 2019 TC Page 146

16 WHEREAS, on July 10, 2018 the Town Council directed, by Resolution duly adopted, the Town Clerk of the Town of Midland, North Carolina, to investigate the sufficiency of said Petition and to certify the results to the Town Council; and WHEREAS, at the regular meeting of the Town Council held on July 10, 2018, a Certificate of Sufficiency from the Town Clerk of the Town of Midland was presented to the Town Council wherein the Town Clerk certified that upon due investigation she found the above individual who signed the aforementioned Petition constituted the owner of the /- acres described in the Petition and, that said boundaries were contiguous to the Town limit s primary boundaries, and was eligible to be annexed pursuant to G.S. 160A-31, et seq. of the General Statutes of North Carolina; and WHEREAS, following the receipt by the Town Council of the Town of Midland, North Carolina, of a Certificate of Sufficiency from the Town Clerk, the Council adopted a Resolution calling for a public hearing upon the question of such annexation before the Town Council at 6:00 p.m. on the 14th day of August, 2018; and WHEREAS, the Town Clerk caused notice of such public hearing to be published in the Charlotte Observer, a newspaper having general circulation in the Town of Midland, North Carolina, at least ten (10) days prior to the date of such public hearing, such notice contained Cabarrus County property identification numbers of the areas proposed to be annexed as set forth in the Petition; and WHEREAS, a notice of such public hearing was duly published in the Charlotte Observer in its issue of the 3rd day of August, 2018, which date of publication was at least ten (10) days prior to the date set for such public hearing; and WHEREAS, a public hearing was held by the Town Council of the Town of Midland on the 14th day of August, 2018 and at the stated time and place the petitioner and any other residents of the Town of Midland were given an opportunity to appear and be heard on the question of the sufficiency of the Petition and the desirability of the annexation; and WHEREAS, the Town Council, after due deliberation and consideration during the regular Town Council meeting, found that the Petition met the requirements of G.S. 160A-31, et seq. of the General Statutes of North Carolina, that the Petition contained the signature of the owner of the real property within the area proposed for annexation, that the Petition is otherwise valid and that the public health, safety and welfare of the inhabitants of the Town and of the area proposed for annexation will be best served by the annexation; and WHEREAS, at its August 14, 2018 regular meeting the Town Council adopted Ordinance # (A) containing a legal description in Exhibit A and a map in Exhibit B; and WHEREAS, after the Annexation Ordinance was adopted, it was discovered that the legal description in Exhibit A and the map in Exhibit B were inaccurate and did not correctly reflect the area identified in the Petition and certified by the Town Clerk and now need to be corrected with a new Exhibit A and Exhibit B to align with the Petition and the Town Clerk certification. NOW, THEREFORE, BE IT AND IT IS HEREBY ORDAINED by the Town Council of the Town of Midland, North Carolina, in regular meeting assembled the 11th day of December, 2018, as follows: SECTION 1: That Annexation Ordinance # (A) is amended by replacing Exhibit A and Exhibit B with the attached areas being described in the attached Exhibit FY 2019 TC Page 147

17 A and as shown on the attached Exhibit B, said revised exhibits correcting the legal description in the original Exhibit A and the map in the original Exhibit B. SECTION 2: This amendment shall relate back to August 14, 2018 the date of adoption of Ordinance # (A) and the territory so annexed and the property therein located shall be subject to all debts, laws, ordinances and regulations in force in the Town of Midland, North Carolina, and shall be entitled to the privileges and benefits available to other parts of the municipality. The newly annexed territory shall be subject to municipal taxes levied as provided in Section 160A of the General Statutes of North Carolina. SECTION 3: It shall be the duty of the Mayor of the Town of Midland to cause an accurate map of such annexed territory, together with a copy of this Ordinance duly certified, to be recorded in the office of the Register of Deeds of Cabarrus County, North Carolina, and in the office of the Secretary of State of North Carolina. SECTION 4: This Ordinance shall become and be effective on, from and after December 11, 2018, but shall relate back to August 14, 2018 as if duly adopted on that date. Adopted this 11th day of December, FY 2019 TC Page 148

18 Ms. Watts: c. Annexation of Luis & Emma Albiza property located at 29 NC Hwy. 24/27 W. Re: Albiza Voluntary Annexation of non-contiguous property of ELF Construction, Inc. c/o Emma BACKGROUND On December 5, 2018 the owner of property located at 29 NC Hwy West; Midland, NC (Cabarrus County PIN# ) submitted a petition for voluntary noncontiguous annexation into the town limits of the Town of Midland. The property consists of approximately /- acres. FINDINGS AND CONCLUSIONS The statutory standards for annexation require non-contiguous property be closer to the primary corporate limits of the annexing municipality and our annexation agreement with the City of Charlotte requires that it lie within Cabarrus County. Attachment B demonstrates the requirements are satisfactorily met by this petition to the Town of Midland. FY 2019 TC Page 149

19 FISCAL IMPACT The property is undeveloped. The property will not require solid waste collection and recycling services at this time. The Town will receive additional revenues from Ad Valorum tax assessments. RECOMMENDATION FOR ACTION There are several steps required to annex this property. The following outline illustrates how this process may be completed in two regular meetings of the Town Council. The actions taken at the December 11, 2018 meeting included (in order of due process): a. Petition for voluntary non-contiguous annexation (Attachment A ) b. Direct (# A) for the Town Clerk to investigate the sufficiency of the petition. c. Upon receipt of petition certification by Town Clerk, call (# A) for public hearing at next regular meeting. The actions that may be taken at the January 8, 2019 meeting include: d. Conducting the required public hearing for the purpose of receiving input from citizens and/or persons owning an interest in the subject properties. e. Consideration (adoption or rejection) of an ordinance (# A) extending the corporate limits to include the subject property. Should the Midland Town Council vote to approve this annexation request; staff will be preparing the documents to establish initial Town of Midland zoning on the property. The property lies within the area designated on the Town Plan 2030 Future Land Use Map for Commercial uses and is consistent with the principles of the Town Plan 2030 Land Use & Comprehensive Master Plan, adopted October 8, 2013 and subsequently amended March 8 and October 11, 2016, April 11, 2017 and July 10 and September 11, 2018; therefore, it is anticipated the area will be recommended for the NC 24/27 Commercial (C 24/27) zoning classification. ii. Resolution # A Directing the Clerk to Certify the Petition Motion was made by Councilmember Burnette and seconded by Mayor Pro Tem Hartsell to adopt Resolution # A. Motion carried 4-0. Resolution Directing the Clerk to Investigate an Annexation Petition Pursuant to Article 4A of G.S. 160A Governing Non-Contiguous Annexations FY 2019 TC Page 150 Resolution # (A) WHEREAS, a petition requesting annexation of an area described in said petition was received on the 5th day of December, 2018 by the Town of Midland; and WHEREAS, N.C.G.S. Chapter 160A, Article 4A, Part 4 provides that the sufficiency of the petition shall be investigated by the Town Clerk of the Town of Midland, North Carolina before further annexation proceedings consistent within the petition can take place; and WHEREAS, the Town Council of the Town of Midland, North Carolina deems it advisable to direct the Town Clerk to investigate the sufficiency of the petition; NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Midland, North Carolina that:

20 The Town Clerk is hereby directed to investigate the sufficiency of the above-described petition under N.C.G.S. Chapter 160A, Article 4A, Part 4 and to certify as soon as possible to the Town Council the result of the investigation. Adopted this the 11th day of December, i. Certify Petition Town Clerk Boyden has certified the petition. ii. Resolution # A Setting the Public Hearing on the Annexation Motion was made by Councilmember Burnette and seconded by Councilmember Wise to adopt Resolution # A Setting the Public Hearing on the Annexation for January 8, 2019 at 6:00pm at Midland Town Hall, 4293 B Hwy. 24/27 E., Midland, NC Motion carried 4-0. Resolution Fixing the Date of Public Hearing on Question of Annexation Pursuant to Article 4A of G.S. 160A Governing Non-Contiguous Annexations Resolution # (A) WHEREAS, a petition requesting annexation of the area described herein has been received; and WHEREAS, the Town Council has by resolution directed the Town Clerk to investigate the sufficiency of the petition; and WHEREAS, certification by the Town Clerk as to the sufficiency of the petition has been made; NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Midland, North Carolina that: Section 1. Section 2. Section 3. A public hearing on the question of annexation of the area described herein will be held at the Midland Town Hall, 4293-B Highway 24/27, Suite B, Midland, NC, at 6:00pm on the 8th day of January, The property located at 29 NC Hwy West; Midland, NC 28107, including Cabarrus County PIN# , totaling approximately +/ acres. The subject property proposed for annexation is illustrated on the attached survey map as Exhibit A and on the meets and bounds description accompanying the petition as Exhibit B. Notice of the public hearing shall be published in the Charlotte Observer. Adopted this the 11th day of December, FY 2019 TC Page 151

21 FY 2019 TC Page 152

22 d. Planning Projects- Verbal Update Allen Storage Center: Doing landscaping and finishing up the building; Sea Land Corp: Did some clearing on the site. Still waiting on their updated site plan for review; Fox Creek: Reviewed the final plat phases 2 & 3 and sent comments to their engineer to revise those plats. The bonds for the roads are correct; PVG Trucking: Done the final review. They are doing 1 minor revision on the dumpster location. Should be in by tomorrow; Wind Tree: [Unapproved name for the old Bethel Park] Finishing the review; Dollar General Inquiry: They are looking at another site on NC Hwy. 24/27 near Widenhouse Rd. 10. Engineering: a. Whitetail Lane Paving Update Mr. McMillan said the paving hasn t been done because of the weather. It should be finished next month. The contractor has done the base repair and all of the asphalt surface treatment. It may be another week before they can pave. 11. Staff Reports: a. Finance Report November, 2018 B. Love Ms. Love reported the following: Checking/Savings 1000 CASH ON HAND FY 2019 TC Page 153 Nov 30, GENERAL FUND 1,145, UTILITY CAPITAL 2,280,939.19

23 RESERVE FUNDS 1050 POWELL BILL FUNDS 282, Total Checking/Savings 3,709, i. Capital Project Ordinance # FI: NC Hwy Sewer Project Motion was made by Mayor Pro Tem Hartsell and seconded by Councilmember Wise to adopt Capital Project Ordinance # FI. Motion carried 4-0. Capital Project Ordinance for the Town of Midland: NC 24/27 Sewer Project Ordinance # FI BE IT ORDAINED by the Town Council of the Town of Midland that, pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, the following capital project is hereby adopted: Section 1. The project authorized is the construction and extension of 8 sewer lines East and West down HWY 24/27 from the crossroads of HWY 24/27 and HWY 601 to serve the parcels within the HWY 24/27 Sewer Expansion Assessment District. Section 2. The officers of this unit are hereby directed to proceed with the capital project within the terms of the funding agreement and the budget contained herein. Section 3. The following amounts are appropriated for the project: PHASE I NC 24/27 WEST Engineering 78,000 Contingency 52,000 Easements 8,000 Construction 520,000 Subtotal Appropriations $658,000 PHASE 2 NC 24/27 EAST Engineering 22,500 Contingency 15,000 Construction 150,000 Subtotal Appropriations $187,500 Total Appropriations $ 845,500 Section 4. The following revenues are anticipated to be available to complete this project: Transfer from Utility Capital Reserve Fund Phase I 658,000 Transfer from Utility Capital Reserve Fund Phase 2 187,500 Total Estimated Revenues $ 845,500 Section 5. The Finance Officer is hereby directed to maintain within the Capital Project Fund sufficient specific detailed accounting records to satisfy the requirements of the funding agreement and regulations. FY 2019 TC Page 154