*SR denotes staff memo/report included 1. Invocation: Mayor Pro Tem Crump pronounced the Invocation.

Transcription

1 Attendance: Mayor Kathy Kitts; Mayor Pro Tem John Crump; Councilmembers: Allen Burnette, Darren Hartsell and Rich Wise; Town Manager, Douglas Paris; Town Attorney, Anthony Fox; Town Clerk, Nancy E. Boyden, CMC; Finance Officer Beverly Love; Planning, Zoning & Subdivision Administrator, Richard Flowe, AICP; CDBG Administrator, Steve Austin; Cabarrus County Deputy Sheriff, Brandt Harkey. Also Present: Cabarrus County Commissioner, Lynn Shue. Absent: None. Late: None. Guests: Cabarrus Arts Council Director, Noelle Scott; Cabarrus County Parks, Londa Strong. *SR denotes staff memo/report included 1. Invocation: Mayor Pro Tem Crump pronounced the Invocation. 2. Open Meeting: Mayor Kitts opened the meeting at 7:00 pm. a. The room stood for the Pledge of Allegiance. 3. Announcements: Mayor Kitts gave the following announcement: 1. Calling for Volunteers for the, I Love My City Project. On Saturday April 23 rd the Town will participate in a project to clean up the, Welcome to Midland signs along US Hwy. 601 and NC Hwy. 24/27. The Council is asking for volunteers to help beautify these signs. Everyone needs to be at the Midland Town Hall at 8:00am and the project should be finished by noon. Just bring yourselves. Please sign up at the back table or with the Town Clerk to help with this effort. Mayor Kitts added that the I Love My City project will start Friday April 22 nd through Sunday April 24 th. On Saturday April 23 rd is when the majority of the work will be done. There are 2 other projects going on as well: a. Cleaning up the Bethel Elementary School Memorial Garden which begins at 9:00 am April 23 rd. b. A 1,000 can challenge for the Feed the Soul Pantry which will go on all week. The pantry is at the Bethel United Methodist Church. There will be flyers up for this project at Town Hall. Donations will be accepted at Midland Town Hall as well. 4. Approval of Agenda: 2. There will be a Town Hall Meeting on Saturday June 11 th, at Midland Town Hall from 9am to 11am. Motion was made by Councilmember Wise and seconded by Mayor Pro Tem Crump to approve the Agenda with the following change: Add to: Old Business: b. Update on Bethel Glen subdivision roads. Motion carried Consent Agenda: Minutes: Retreat ; Regular Meeting ; Resolution # April is Federal Fair Housing Month; Attorney Bills. Motion was made by Councilmember Wise and seconded by Mayor Pro Tem Crump to approve the Consent Agenda as presented. Motion carried 4-0. FY 2016 TC Page 195

2 TOWN OF MIDLAND FAIR HOUSING RESOLUTION Resolution # WHEREAS, the Town of Midland seeks to protect the health, safety and welfare of its residents; and WHEREAS, citizens seek safe, sanitary, and habitable dwellings in all areas of the Town; and WHEREAS, the Town of Midland finds the denial of equal housing opportunities because of religion, race, age, color, sex, familial or handicap status, or national origin legally wrong and socially unjust; and WHEREAS, the denial of equal housing opportunities in housing accommodations is detrimental to public welfare and public order; and WHEREAS, the Town of Midland finds the practice of discrimination against a citizen in housing a denial of equal rights and equal opportunity to seek a better living and develop community pride; and WHEREAS, April is Fair Housing month and the Town wishes to reaffirm its commitment to Fair Housing choice for all persons in protected categories; and NOW THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Midland, North Carolina, that Section 1. Section 2. Section 3. The Town of Midland has declared it an official policy of the Town that there shall be no discrimination in the terms, conditions or choices for buying or renting housing within the Town. All business groups and individual citizens of the Town are urged to respect and implement this policy. The Town Administrator is the official authorized by the Town to (1) receive and document complaints regarding housing discrimination in the Town; and (2) refer such complaints to the North Carolina Human Relations Board of Commission for investigation, conciliation and resolution. Adopted this the 12 th day of April, Presentation: a. Cabarrus Arts Council Director Noelle Scott Ms. Scott said the following: Thanked the Council for their support of the Cabarrus Arts Council and for Mayor Pro Tem Crump serving on the Board; The Cabarrus Arts Council energizes our community through arts excellence by working with many partners to improve the lives of citizens, enrich the quality of education, spark the local economy and generate centers of creative activity; The Arts Council looks to see what art programs are missing; Current programs include: o The Davis Theatre with its professional touring shows, regional musicians, and local talent nights; o Galleries with 5 annual exhibitions, Art Walks, Artist demonstrations, school tours; o Art on Tap events for young adults; o Family Days- hands on activities for young children; FY 2016 TC Page 196

3 o Students take part in the arts that brings in performances for all students every year. Works with municipalities that want to have programs closer to home; There will be a Call to Artist inviting local artists to display their artwork at Midland Town Hall. The call will be reissued when there is a need for new art. Ms. Scott also told what is going on at the Davis Theatre: 5 main stage productions- touring companies including musical groups; Local favorites- the Arts Council keeps looking for new local artists; Listening Room- kind of like an, Open Mike Night (G rated); Sending out notices to local high school students in hopes they will want to perform. b. Rob Wallace Park Presentation & Briefing on the Phase 1 A site plan- Londa Strong Ms. Strong described the plans for the new Rob Wallace Park Phase 1 A as follows: New turn lane off of Bethel School Rd.; Developing a 23 acre parcel for Phase 1 by the end of the year; Described the pond area via the map; Approximately 100 parking spots; Office building, restrooms, concession area, large covered playground, covered picnic shelter with grills, perimeter trail- 2 miles for walking and approximately 4 miles for biking, overflow parking lot. Future plans include: Nature center, possibly a senior center, more shelters, more biking trails, will have a boardwalk where the pond is - only kayaks on the pond. FY 2016 TC Page 197

4 The bid for Phase 1 A will be let in 30 days. The phase needs to be finished by December 31, 2016 due to the conditions of the PARTF grant. Ms. Strong also answered questions from Council: Phase 1: Rock quarry section- 75 ft. deep with a boardwalk around the perimeter; Will have fishing in the rock quarry at some point; Amphitheater in Phase 2; Possible area for the Midland Magic Festival; Hopefully an area for some camp sites; No BMX bike races only bike trails since the new industry is building beside what was going to be park area. There will be some area for jumps for mountain bikes though; Basketball courts and multipurpose trails will be determined later; Hoping that construction will begin in July and expecting the park to open by December 31 st, 2016; Still looking at, Go Ape - aerial adventure park (future plans); Will have a crosswalk with sidewalks; Councilmember Wise said that the Town has been trying without success to get NCDOT to lower the speed limit on Bethel School Rd. near the park area. He asked how the BOC feels about what Midland has been trying to do in this matter. Ms. Strong said she thinks the plan is wonderful. Councilmember Wise asked if Midland could get a letter of support for the lower mph. Commissioner, Lynn Shue said he would take that information to the Cabarrus County Board of Commissioners. Mayor Kitts suggested that Manager Paris talk to County Manager, Mike Downs as well. Mayor Kitts asked that when the county s website has all the park information up that Ms. Strong send Midland the link so it can be added to the Town s website and other social media outlets. 7. Public Comment: None forthcoming. 8. Public Hearings: a. *SR Midland Volunteer Fire & Rescue Station 2 Initial Zoning Designation of Annexed Property- R. Flowe i. Presentation by Staff Mr. Flowe briefly reviewed with Council his staff report on the rezoning: Midland Volunteer Fire & Rescue, Inc. (Station No. 2) located at 369 Hwy West; Midland, NC (Cabarrus County PIN ) is currently zoned by Cabarrus County and the current County zoning classification is Limited Industrial Special Use (LI-SU). The proposed zoning district is the Town of Midland Civic (CIV) designation. FY 2016 TC Page 198

5 North Carolina General Statutes require that municipalities annexing territory into the corporate limits must apply its own zoning classification to the territory being annexed within sixty days of the effective date of the annexation. FINDINGS AND CONCLUSIONS The property lies within the area designated on the adopted Town Plan 2030 Future Land Use Map for Civic 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, 2016 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 subject property is properly zoned land where the existing permitted activity is established. 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 map amendment. The P&Z Commission discussed this map amendment during the March 22, 2016 meeting and voted unanimously to recommend the Civic (CIV) designation. Town of Midland Development Ordinance standards will apply following: 1. A public hearing held by the Town Council, and 2. Adoption of an Ordinance including both Reasonableness and Consistency Statements designating the Town zoning classification. Notice of this Public Hearing and this agenda item has been publicized, letters have been sent to adjacent property owners within 500 ft. of the subject property, and a sign has been posted on the property. The Council may vote to approve, deny, or modify the recommended classification in accordance with the adopted Town Plan 2030 Land Use & Comprehensive Master Plan, Revision 2 adopted October 8, 2013 amended March 8, 2016 of the Town of Midland. ii. Open Public Hearing Mayor Kitts opened the Public Hearing at 7:33 pm. There were no comments so she closed at 7:33 pm. iii. Ordinance # (A)(IZ) Motion was made by Councilmember Hartsell and seconded by Councilmember Wise to adopt Ordinance # (A)(IZ) To designate the subject property as Civic (CIV) to be consistent with the Town Plan 2030 Land Use and Comprehensive Master Plan, Revision 2, adopted October 8, 2013 and amended March 8, 2016 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. FY 2016 TC Page 199

6 This amendment is reasonable because the subject property is properly zoned land where the existing permitted activity is established. Motion carried 4-0. AN ORDINANCE AMENDING THE DEVELOPMENT ORDINANCE OF THE TOWN OF MIDLAND, NORTH CAROLINA Ordinance # (A)(IZ) 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 and Statement of Reasonableness. The Town Council finds that the zoning map amendment to the property of Midland Volunteer Fire & Rescue, Inc. (Station No. 2) located at 369 Hwy West; Midland, NC (Cabarrus County PIN ) is currently zoned by Cabarrus County and the current County zoning classification is Limited Industrial Special Use (LI-SU). The proposed zoning district is the Town of Midland Civic (CIV) designation, consistent with the Town Plan 2030 Land Use and Comprehensive Master Plan, Revision 2, adopted October 8, 2013 and amended March 8, 2016 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 subject property is properly zoned land where the existing permitted activity is established. Part 2. Designation of Initial Zoning Designation. Cabarrus County Property Identification Number(s) described in the annexation ordinance adopted March 8, 2016 shall be designated Civic (CIV) on the Official Zoning Map as shown on Attachment A in accordance with the affirmative recommendation of the Midland Planning & Zoning Commission March 22, Part 3. Effective Date. This Ordinance shall be effective immediately upon its adoption. Adopted this the 12 th day of April, FY 2016 TC Page 200

7 b. *SR Banks Massey Grading Company Zoning Map Amendment (rezoning)- R. Flowe i. Presentation by Staff Mr. Flowe covered the main points per his staff report: BACKGROUND On December 10, 2015 the Town received a letter requesting a change to the adopted Town Plan 2030 Future Land Use Map and to the Official Zoning Map affecting the property shown on the attached map. The adopted Future Land Use Map originally designated the area for residential neighborhoods and the current zoning designation is Single-Family Residential (SFR). However, following the process of amending the Future Land FY 2016 TC Page 201

8 Use Plan to change the property to Commercial the request before Town Council at the April 12, 2016 meeting is for a zoning map amendment (re-zoning) to the NC 24/27 Commercial (C 24/27) district. North Carolina General Statutes require that municipalities adopt zoning designations consistent with an adopted land use plan. Because this re-zoning required a plan amendment before a re-zoning could be considered there were several additional meetings and deliberations prior to the Public Hearing and consideration of an ordinance to change the zoning designation. The actions prior to this meeting are listed below: On January 26, 2016 the P&Z Commission reviewed the proposed amendment to the Town Plan 2030 Future Land Use Map and recommended (by 5-2 vote) approval of the request. On February 9, 2016 the Town Council heard a presentation on the request and instructed staff to place on the March agenda for action. On March 8, 2016 the Town Council adopted a resolution approving the amendment to the Town Plan 2030 Future Land Use Map. The request for the Zoning Map Amendment (re-zoning) of the property returns to the Planning & Zoning Commission to 1) determine if the request is consistent with the Town Plan 2030 Future Land Use Map and 2) make a formal recommendation including a statement of consistency and reasonableness to the Town Council. On March 22, 2016 the Planning & Zoning Commission discussed the request and made a recommendation to the Town Council for approval by an affirmative vote of 6 for and 1 against. FINDINGS AND CONCLUSIONS The property lies within the area designated on the adopted Town Plan 2030 Future Land Use Map for 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, 2016 as shown on the adopted Land Use Map appearing therein, as required by NCGS 160A-383. This amendment is reasonable because the subject property is situated contiguously to existing commercially zoned land on both sides where existing commercial activities are established. POLICY IMPLICATIONS The Town of Midland Development Ordinance and the North Carolina General Statutes require the P&Z Commission to make a recommendation on zoning map amendments. The P&Z Commission discussed this map amendment during the March 22, 2016 meeting and voted (by 6-1 vote) to recommend the NC 24/27 Commercial (C 24/27) designation. Town of Midland Development Ordinance standards for the NC 24/27 Commercial District (C 24/27) will apply following: 1. A public hearing held by the Town Council, and 2. Adoption of an Ordinance including both Reasonableness and Consistency Statements designating the new zoning designation. Notice of this Public Hearing was publicized, letters sent to adjacent property owners within 500 ft. of the subject property, and a sign posted on the property. FY 2016 TC Page 202

9 The Council may vote to approve, deny, or modify the requested amendment to the Official Zoning Map consistent with the Town Plan 2030 Land Use & Comprehensive Master Plan, Revision 2 adopted October 8, 2013, and amended March 8, 2016, by the Town of Midland. ~~END~~ Mr. Flowe used the projected map to describe the property. FY 2016 TC Page 203

10 Questions and Discussion by Council and Mr. Flowe: Councilmember Wise: Regarding the road going into the residential area will it be maintained or how are the residents going to get to their properties? Mr. Flowe: The creek crossing for Muddy Creek is there and so is a guardrail and also some flood plain area so a lot of the upper part of the site is not usable. With the frontage being limited on NC Hwy. 24/27, the entrance that exists today serves the neighborhood and will likely be the same entrance to serve any type of commercial project. There isn t enough room to have 2 roads side by side intersecting NC Hwy. 24/27. With that said, one of the requirements that the Town has as well as NCDOT is that existing roadway would have to be improved. It would have to be improved to the level that would be supported by the proposed use and the actual permit. There could be many permitted uses in the commercial zone. The trip generation analysis from NCDOT is what that road would be based on. Therefore improvements for paving or if there will be turn lanes all depends on the actual trip generation numbers of the application received. Councilmember Hartsell: I would also like to add that one of the potential purchasers of this property is my brother-in-law. I spoke with our Town Attorney about this. Attorney Fox: Mr. Hartsell s brother-in-law is an interested party with the potential purchaser of the property should the rezoning be approved. It is also my understanding that Mr. Hartsell does not have any interest in the matter so under NC law, all members must vote unless there is a conflict of interest. The conflict would be if there was a financial interest in the outcome. Mr. Hartsell does not have a financial interest in the matter and can vote. Councilmember Wise: My biggest concern is that our zoning would protect the neighbors and the road would have to be put in so the residents can still get to their houses. Is that correct? Mr. Flowe: Absolutely. I have spoken to a number of citizens who have called since the notices were mailed out, signs were posted on the property and the advertisement was placed in the newspaper. Your concerns were ours. I made sure that they understood our ordinance has standards. Summarizing those standards: The roadway- once the type of business is decided upon; Buffer requirements; Setback requirements; If there is outside storage that would have to be buffered to a different extent than maybe a restaurant would. Therefore all of our applicable commercial standards would apply. Councilmember Hartsell: Does that also include fencing? Mr. Flowe: If there is outdoor storage (and we are not sure there would be yet) there would be fencing, security and additional buffering, etc. Again it will depend on what use they apply for. Mayor Pro Tem Crump: On that first comment you made; you do not know what kind of business it would be. FY 2016 TC Page 204

11 Mr. Flowe: That s correct. We know who the applicant is and what their intent is but when the property is rezoned, there is no commitment or obligation for them to do whatever it is they say they want to do when they petition for the rezoning. Mayor Pro Tem Crump: Do you have any idea of how wide the road is going to be- requirements under the ordinance? Mr. Flowe: That will be driven by the traffic counts. It s likely to be a 3 lane intersection if there is any significant traffic at all. Mayor Pro Tem Crump: Will there be sufficient room for the neighbors to turn into the driveway? Mr. Flowe: Absolutely. The road will have to be designed for trucks coming into the site and for turn movements leaving in both directions. Again it will be based on the trip generation numbers. The applicant will have to provide us with their usage and trips and this will be weighed against NCDOT standards. Mayor Pro Tem Crump: If they have 10 trips and then they lease part of the property and the trips increase, do they go back and do more to improve the road? Mr. Flowe: Absolutely. If there was another business, that business would have to require the necessary permits from the Town and as part of that process the design of the driveway would be re looked at. The road would be fully paved according to standards as well. It would be maintained just like a public street. Their driveway would come off of the street. Councilmember Hartsell: The property is approximately 15 acres so what is the percentage of the land that is flood plain? Mr. Flowe: Flood plain is probably about 50% of the site. Councilmember Hartsell: My point being that any potential bigger business would be limited based on the simple fact that 50% is flood plain. Mr. Flowe: You also have the configuration of the property. There are lots of odd angles to the property and there will be setbacks from those. That affects the yield of the amount of property that can actually be developed. There are also the permanent stormwater protection requirements per the EPA. Mayor Kitts: Regarding the traffic counts, does that also take into account the traffic of the residents? Mr. Flowe: Yes. NCDOT will look at existing conditions as well as the future conditions (the business). Mayor Pro Tem Crump: How much buffer will there be on the residential side? Mr. Flowe: It would be a fairly strong buffer, about 40ft. There would be plants and fencing etc. If there are existing trees in any of the areas those would be subject to the, state tree save provisions. It will depend on their survey and site plan as to where those, tree save areas are, how much of the trees can be saved and what would be cleared and replaced. FY 2016 TC Page 205

12 Councilmember Hartsell: Can they put a berm in if some of the buffer thins? Mr. Flowe: That is part of the formula especially when doing some on site grading. Mayor Pro Tem Crump: What type of road goes back to the residential area now? Mr. Flowe: The road is unpaved. Councilmember Wise: So the improvement for the residents would be a paved road? Mr. Flowe: Yes it would go back to some point. My recommendation would be that the road continues back to where it leaves the site- to the highway and back where it would serve the homes. The pavement would continue beyond the entrance to the commercial property. Councilmember Wise: My biggest concern is the people who live in the back. Just for clarification, no matter what type of business goes in there will be buffers so it doesn t affect those residents. Mr. Flowe: That is correct. Councilmember Hartsell: I just want to make sure that the people living in that neighborhood are protected. Mr. Flowe: The ordinance has provisions in it for protections for those negatively affected by development. It will protect the, quiet enjoyment of those living in the area. Attorney Fox: I want to remind the Council that this is a, by rights zoning. The property owner will be able to use the property for all uses that are permitted in the commercial district. Also the buffer between commercial and residential is usually more aggressive. Mr. Flowe: That s right. All along the residential boundary, the applicant will have to provide the buffer. Attorney Fox: Additionally you will not be able to control hours of operation for the business. Mayor Kitts: What was the vote again from the Planning and Zoning Commission? Mr. Flowe: The vote for the LUP amendment was 5-2. The vote for the rezoning was 6-1 to recommend the NC 24/27 Commercial (C 24/27) designation. ii. Open Public Hearing Mayor Kitts opened the Public Hearing at 8:00 pm. Mr. Byron Davis of 3207 NC Hwy. 24/27 E: We have a couple of questions hoping to get answered. How can commercial and residential properties mix in the way that we see? The property up for rezoning is crammed in there. If you have to do all that to put a business in a residential area is it actually appropriate? We actually own 31 acres of land next to the 15 acres and of course no one wants a business like that next to them. The letter we got in the mail said it was going to FY 2016 TC Page 206

13 be a commercial grading company. So when we think of a grading co. we think of J. Flowe Grading, Co. They have big trucks in/out of the road all day. Our main concern of course is that we don t want to live next to it but my main concern is the highway. We live on NC Hwy. 24/27 which is the busiest highway in Midland and one of the busiest in the state. We ve had issues with the highway. Our family has lived there for over 65 years. We ve had accidents out there. The mailman was rear-ended and we had to move our mailboxes. The garbage truck won t pick the trash up out there and we had to move the trash carts off the street. It s not so much if we are going to have a 3 lane driveway to turn in/out of the highway, what s going to be done to the turn lanes out on the highway? It just seems like a lot to deal with from the highway just to put a commercial business next to us. It doesn t seem that it would be a safe thing to do. It s just a big inconvenience living next to it but just the whole driveway thing doesn t make sense to us. If you have to put a 3 lane driveway in for us to get to our houses, is it appropriate? It s not like there s a land shortage in Midland that you have to put a commercial company right there. I know that the land can be zoned commercial but if you have to do that much to get it ready is it really worth it? There are 2 access points that residents can take and commercial vehicles can take is it really worth it? We think it would be a dangerous situation for us. Right now we occupy about 14 acres of that land. There are 17 or 18 more acres we can develop. So if we are developing our acres do we also have to improve the road later on? Would we need to maintain the road? Would we be restricted later by not being able to develop our land because of that or what? Our concern with the highway is not just something that we have. We found publications where towns gave surveys to citizens of Midland and that was about having removing the 5 th turn lane on NC Hwy. 24/27 from the crossroads and making it a green space because of the traffic. You guys need to really think about us using NC Hwy. 24/27 to turn off and on with commercial vehicles. All the school traffic in the morning. All the work traffic in the afternoon. Sometimes we re sitting down there waiting up to 2 minutes just to get onto the highway. You add all those trucks and stuff and it just doesn t make sense. Mayor Kitts said if they have a list of questions, Mr. Flowe would be happy to try and help with some of the concerns. There were no more comments so Mayor Kitts closed the Public Hearing at 8:11 pm. Mr. Flowe: The speaker had a lot of good questions and I would like to try and address them in general. For example, is a shared entry a good idea? From a safety standpoint the NCDOT is going to prioritize that so there aren t 2 side by side intersections. We know that the only way to develop this site would be because the existing roadway comes across the property. It would be to improve the 1 roadway access. That would be a NCDOT driven criteria. The other question that I heard was if there were to be more residential development in the neighborhood would those roads require improvement. Yes they would. Our standard subdivision requirements require that of any development. If new lots were created then the standards would apply to any development anywhere in the Town limits. Mayor Kitts asked Mr. Flowe to talk to Mr. Davis at some point and discuss the questions and concerns the residents have. Mr. Flowe said he d be happy to talk to Mr. Davis and his family. FY 2016 TC Page 207

14 Attorney Fox said if this project is approved and the road is widened to 3 lanes he didn t think that any additional development would require additional widening. Mr. Flowe said it would depend on the criteria that NCDOT establishes. Mr. Flowe also explained that the letter had listed the grading company because they were the ones petitioning for the commercial rezoning. Just because that is their name doesn t mean a grading company would be going into the site. They would have the right to do any other type of commercial development that the district allows. Mayor Kitts called for a motion. Mayor Pro Tem Crump asked what the proper way would be to form a committee of the Council to meet with Mr. Flowe and the residents to discuss some of their concerns. Attorney Fox said the Board can table the matter to a time certain and during that period use the time to meet with the property owners. Only 1 or 2 Councilmembers should meet. Mr. Paris said if the entire Board met with the property owners it would need to be a publicized meeting with minutes taken. Council briefly discussed the property owners concerns as voiced. Councilmember Hartsell said this process has been talked about for 3 months with multiple public meetings and we ve not had 1 opposition. The Davis family said they didn t receive notice until now. Mr. Flowe reported on the notice process. There were several steps taken. The letter to the property owners was issued March 10 th, 2016 and there is a list of everyone who was to receive it and there were no letters returned undelivered ; It was published in the newspaper on March 16 th, March 27 th and April 3 rd, 2016; A sign was posted at the entrance on the property on March 16 th, 2016; There were not multiple letters just the 1 on March 10 th, Motion was made by Mayor Pro Tem Crump and seconded by Councilmember Burnette to defer the action on the Banks Massey Grading Co. rezoning and appoint Councilmember Wise and Planning Administrator Flowe to meet with the adjacent families and return the item for the May 10 th, 2016 Council meeting. Motion carried 4-0. Clerk Boyden collected the neighbors addresses and telephone numbers so Mr. Flowe and Mr. Wise can contact them for an informal meeting. c. *SR Ward Equestrian Facility Conditional Use Permit- R. Flowe i. Presentation by Staff FY 2016 TC Page 208

15 Mr. Flowe reviewed the information in his staff report as follows: Conditional Use Zoning Permit Application Ward Equestrian Facility Ritchie Road; Midland, NC (Cabarrus County PIN ) BACKGROUND The Town of Midland has received an application for a Conditional Use Permit for review. The property is designated within a Single Family Residential (SFR) zoning district. The property is located on the southeast corner of the intersection of NC 24/27 and Ritchie Road. The property is within the Ritchie Family Subdivision approved prior to the incorporation of the Town. There is an existing home on the property. Please see Exhibit A map of the immediate area surrounding the property, and Exhibit B the site plan submitted by the applicant. The Midland Development Ordinance (MDO) lists Equestrian Facility as permitted in the Single Family Residential (SFR) zoning district upon issuance of a Conditional Use Permit (MDO Table 8.1). Conditional Use Permit procedures appear in MDO Section 7.8 with standards established in the MDO Section Property owners identified as the owners of record located within 500 feet of the proposed project have been notified of this hearing. A sign notice has also been posted on the property. This project was reviewed by Town staff and others representing the Town s Technical Review Committee, including the Town s Planning & Zoning Commissioners. As part of the regularly scheduled meeting of the P&Z Commission, staff conducted a Technical Review Committee (TRC) meeting to discuss staff s findings and take comments from the TRC members serving on the P&Z Commission and comments/suggestions from the public. The TRC meeting occurred during a recess of the January 26, 2016 P&Z Commission meeting at 7:00 PM here in the Council meeting room at 4293-B Hwy. 24/27 E Midland, NC The format of the TRC session is as a committee meeting. The public was invited to attend. FINDINGS AND CONCLUSIONS On March 22, 2016 the Conditional Use Permit application comes before the P&Z Commission for a public hearing and formal recommendation to the Town Council. On April 12, 2016 The Town Council will hold a public hearing at which time comments may be heard by the Town Council. Following the hearing, the Town Council will have the opportunity to make its findings that each of the conditions listed in MDO Section are met by the applicant and by vote of the Town Council direct the issuance of a Conditional Use Zoning Compliance Permit. Please be advised, all property owners rights to develop in accordance with applicable laws and standards are protected and the purpose of the meeting is to determine if there are concerns and/or suggestions we can use to improve projects in accordance with adopted ordinance standards. POLICY IMPLICATIONS The Commission may vote to recommend approval, denial, or may add additional conditions to a recommendation per MDO 7.8-5(B)2. FY 2016 TC Page 209

16 FY 2016 TC Page 210

17 Mr. Flowe described the property per the above maps. The people wishing to speak to this CUP during the Public Hearing will be in a form of testimony. The will be sworn or affirmed by the Town Clerk. Any statements of fact that they make become the basis of which Council makes its findings. The findings are listed in the memo. Mr. Flowe read the 4 findings of fact. Once the findings are made, the Council can consider the actual authorization for the permit, (5 th ) motion. Mayor Kitts opened the Public hearing at 8:17pm. FY 2016 TC Page 211

18 Clerk Boyden swore Mr. Flowe and the applicant Ms. Ward in. Questions and Discussion per Findings of Facts: Councilmember Hartsell: How many acres are going to be pastured in? Mr. Flowe: That is a question for the applicant. Looking at the above site plan, the applicant has illustrated a fence but has not provided any calculations. Ms. Ward: At this point I am looking at having 2 horses. Councilmember Hartsell: Ms. Ward, are you going to be boarding horses? Ms. Ward: This is personal use only and unless the other provisions change I would be boarding my personal horses only. The initial plan is for the 2 acres for pasture. Councilmember Hartsell: Are there any other type of livestock in that area? Ms. Ward: The adjacent property has cattle. Attorney Fox: The Council needs to make certain findings so I need to ask the applicant a series of questions. Attorney Fox: The first Finding is that the use or development is located, designed and proposed to be operated so as to maintain or promote the public health safety and general welfare. What do you say to that? Ms. Ward: For the public safety, the area would be fenced in and not accessible to the public because this is my personal property. I wouldn t see that as an endangerment to the public welfare. Attorney Fox: The next Finding is that the use or development complies with all required regulations and standards of this Ordinance and with all other applicable regulations. Do you agree with that statement? Ms. Ward: I agree. Attorney Fox: The next Finding is that the use or development is located, designed, and proposed to be operated so as not to substantially injure the value of adjoining or abutting property, or that the use or development is a public necessity. Ms. Ward: I agree. Attorney Fox: What is the basis of your belief that would not injure the value to the adjoining or abutting property? Ms. Ward: The adjoining property next to my property is already an agricultural use and I wouldn t say that an equine facility would impact that. Attorney Fox: What is the acreage of your property? FY 2016 TC Page 212

19 Ms. Ward: acres. Attorney Fox: The last Finding is that the use or development will be in harmony with the area in which it is to be located and conforms with the general plans for the land use and development of Town of Midland and its environs. Is it in harmony with the surrounding area which it is to be located? Ms. Ward: I believe so yes. Attorney Fox: The basis for your belief would be what? Ms. Ward: It would not be a significant impact on areas surrounding. Honestly in my opinion it s similar to having- I know they are much bigger but dogs are your pets. Attorney Fox: Could you describe what your operation would look like if this were approved? You mentioned 2 horses. Ms. Ward: Correct. Currently I have 2 horses which are boarded elsewhere, obviously. The area behind my house would be enclosed and fenced and they would have a run-in-shelter or enclosure in that area. The future plan is to have a separate pasture in this area and a barn. Just so that the 2 pastures could be used and make use of the overall land. Attorney Fox: Until the barn is constructed, where would the horses be boarded? Ms. Ward: They would be housed in the run-in-shelter. There were no more questions or comments or questions forthcoming so Mayor Kitts closed at 8:39 pm. ii. Findings and Conditions Motion: 1. was made by Councilmember Wise and seconded by Mayor Pro Tem Crump that the use or development is located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare based upon the evidence testified by Mr. Flowe and Ms. Ward. Motion carried 4-0. Motion: 2. was made by Councilmember Wise and seconded by Councilmember Hartsell that the use or development complies with all required regulations and standards of this Ordinance and with all other applicable regulations based upon the evidence testified by Mr. Flowe and Ms. Ward. Motion carried 4-0. Motion: 3. was made by Councilmember Wise and seconded by Councilmember Hartsell that the use or development is located, designed, and proposed to be operated so as not to substantially injure the value of adjoining or abutting property, or that the use or development is a public necessity based upon the evidence testified by Mr. Flowe and Ms. Ward. Motion carried 4-0. Motion: 4. was made by Councilmember Wise and seconded by Councilmember Hartsell that the use or development will be in harmony with the area in which it is to be located and conforms with the general plans FY 2016 TC Page 213

20 for the land use and development of Town of Midland and its environs based upon the evidence testified by Mr. Flowe and Ms. Ward. Motion carried 4-0. Motion was made by Councilmember Wise and seconded by Mayor Pro Tem Crump based on findings to approve the issuance of a Conditional Use Permit application for the Ward Equestrian Facility with the following supplemental conditions: that it be for personal use only and not a commercial use; and, the fence height be a minimum of five (5) feet using fencing material manufactured to confine horses. Motion carried Public Safety: a. Police Report - Cabarrus County Sheriff Department- Brandt Harkey Officer Harkey reported the following for the month of March, 2016: Self-initiated calls- some of which were: 350 Security checks; 15 Suspicious vehicles; 3 Suspicious subjects; 111 Traffic stops. Dispatched calls- some of which were: 17 Burglar alarms; 4 Disputes; 10 Traffic accidents 3 of which involved personal injury. Mayor Pro Tem Crump asked if the officers did any traffic observations on Bethel School Rd. Officer Harkey said he set the radar trailer up in both directions near the new park s entrance. He stopped 6-10 vehicles on the road for speed. He has the radar trailer reports for Council to review. Mayor Kitts asked how high the speeds were. Officer Harkey said some of the officers don t stop vehicles unless they are traveling 10 to 15 mph over the posted speed limit. Ten or so were stopped and were traveling at least 10 mph over the limit. Mayor Kitts also said she heard of some breaking and entering problems on Bethel Church Rd., Sam Black Rd. and NC Hwy. 24/27. Officer Harkey said he spoke to a detective on those cases and the Sheriff s Dept. actually has some leads now. b. Midland Volunteer Fire Department Report Clerk Boyden reported the following for the month of March, 2016: 3 Structure fires; 1 Residential fire alarm; 2 Commercial fire alarms; 3 Brush fires; 4 Local alarms; 5 Vehicle accidents; 30 Medical calls. FY 2016 TC Page 214

21 Total: Planning: Planning, Zoning & Subdivision Administrator- R. Flowe a. Tucker Branch Sewer Basin Study Verbal briefing on Pepsi facility & Queen's University property Mr. Flowe reported that Willis Engineering is working on the project. He and Willis met with the City of Concord about 2 weeks ago to get feedback on the concept of the study. Concord was very supportive and will provide some data on the Tucker Branch Sewer Basin pump station on the existing flow rates, etc. Today Mr. Flowe received an update from the engineers and he confirmed with Concord that they would get the data out to Willis Engineering. The engineer s technical memorandum will be completed by the end of the week. That information will be provided to Council as soon as possible and there will be a briefing at Council s next meeting on May 10 th. 11. Midland Project Initiatives: a. Sewer Expansion: 1. Historic Old Midland CDBG Phase 1- Briefing by S. Austin i. Sewer Update Mr. Austin reported that all of the sewer lines and manholes have been installed. He is waiting on 1 final inspection on Oak St. and the City of Concord still needs to finalize 3 lines. ii. Street Improvements On Creek Ave. the drain tiles have been installed including the curbing and guttering. Weather permitting the paving will be done next week. The project should be finished by Council s next meeting. At that May 10 th meeting there will be a completed wrap up report. 12. Staff Reports: a. Finance- March, 2016 Finance Officer, B. Love Ms. Love gave the general report as follows: Checking/Savings Mar 31, CASH ON HAND GENERAL FUND 1,212, UTILITY CAPITAL RESERVE 1,843, FUNDS 1050 POWELL BILL FUNDS 218, CDBG OLD MIDLAND SEWER 148, PROJECT Total Checking/Savings 3,423, FY 2016 TC Page 215

22 b. Manager Comments- D. Paris i. Town Branding- Update Mr. Paris projected the brands with the suggested changes Council wanted per the March Council meeting. He asked the Board which logo they preferred. Motion by Councilmember Wise and seconded by Councilmember Hartsell to adopt the green and blue compass logo with, Midland North Carolina added to it. Motion carried 4-0. ii. NCDOT Letter Regarding Bethel School Rd.- Update Mr. Paris said last month Council asked him to send another letter to NCDOT asking them to lower the speed limit to 35 mph in the stretch of road at the new park entrance. NCDOT responded and Mr. Paris summarized the response letter as follows: FY 2016 TC Page 216

23 Councilmember Burnette suggested that a flashing caution light with a caution speed limit of 35 mph be an option. Mr. Paris said he will send a response letter back regarding the caution light. Councilmember Hartsell said several studies have been done with the radar analysis. He asked that Mr. Paris put those numbers together and include them in the letter. Mr. Paris said he will put a DRAFT letter together for Council to review before it s sent. Mr. Paris added that he and Finance Officer Love have nearly wrapped up the budget for FY He expects that DRAFT budget to be presented to Council at the May 10 th meeting and will include all the documents needed for review. FY 2016 TC Page 217

24 13. Old Business: a. I Love My City Update- Mayor Kitts Mayor Kitts added information on the project after she made the announcements at the start of the meeting. The, Kick Off meeting will be held on Thursday April 21 st at Town Hall at 7:00pm. People can attend and sign up for 1 or more of the given projects. b. Bethel Glen Roads Attorney Fox said the signed order from the judge is now in hand. This starts the time period for the petitioners to appeal should they seek to. The appeal period is 30 days. Attorney Fox will keep Council abreast of the progress. 14. New Business: a. Central Cabarrus High School Band Contribution- Mayor Kitts Mayor Kitts said the band uniforms are quite old and to replace 120 uniforms would cost approximately $25,000. The school is asking for a contribution of any kind to help with new uniforms. She also said Council hasn t given any donations for a few years to schools outside of the Town limits. Attorney Fox said the Board may want to review the statutory requirements for contributions to schools. The limitations have to be for a public purpose. Mayor Kitts said the school understands the legalities to this but they at least wanted to ask. Councilmember Hartsell said he knew that Central Cabarrus is school to a lot of the Midland children but there are also children who attend Hickory Ridge. If Council gave to the 1 school what kind of precedence would that set? Councilmember Wise added that the Central Cabarrus band has always played at Midland s Christmas Tree Lighting ceremony. Mayor Kitts suggested that the Town help the students out with a fundraiser should they want to. The items will be returned for the May 10 th meeting. 15. Executive Session: a. [N.C.G.S (a)(3)] Consult with the Attorney to protect the attorney-client privilege. Motion was made by Councilmember Wise and seconded by Mayor Pro Tem Crump to enter [N.C.G.S (a)(3)] inviting Manager Paris and Attorney Fox. Motion carried 4-0. Council and guests entered at 9:02 pm. FY 2016 TC Page 218

25 Motion was made by Councilmember Wise and seconded by Mayor Pro Tem Crump to re-enter Regular Session. Motion carried 4-0. Council re-entered Regular Session at 10:00 pm. 16. Adjournment: Motion was made by Mayor Pro Tem Crump and seconded by Councilmember Hartsell to adjourn the meeting. Motion carried 4-0. Council adjourned at 10:00 pm. Attest/Seal Mayor Kitts Nancy E. Boyden, CMC Town Clerk FY 2016 TC Page 219