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03/06/2001 e . e e e CITY OF MONROE CITY COUNCIL MEETING 300 W. Crowell Street, Monroe, NC 28112 March 6, 2001 - 6:30 p.m. CONSENT AGENDA 1. Minutes of Regular City Council Meeting of February 20, 2001 Minutes of Economic Development Commission Meeting of December 7, 2000 Minutes of Economic Development Commission Meeting of January 11, 2001 Minutes of Community Development Committee Meeting of January 10, 2001 Minutes of Transportation Committee Meeting of January 11, 2001 Minutes of Environment and Water Resources Committee Meeting of January 16, 2001 Minutes of Tree Board Meeting of January 22, 2001 Minutes of Public Safety Committee Meeting of February 28, 2001 2. Resolutions A. Resolution to Revise Hangar Lease with RRR, LLC B. Resolution to Request Traffic Control Photographic System 3. Call for Public Hearing to be held March 20, 2001 A. To Amend Title XV, Chapter 156: Land Usage - Modification of Existing Paving Requirements (Section 156.125) B. To Amend Title XV, Chapter 155: Land Usage - Rewrite of the Watershed Ordinance (Chapter 155) REGULAR AGENDA 4. Public Hearings: A. Purchase of Property for Economic Development B. Project #01-130-00001 - Rezoning Request - R-20 (Low/Moderate Density Single- Family Residential) to B-1-SU (Neighborhood Business Special Use) - 16.551 Acres on Old Charlotte Highway Between Carroll Street and Olde Towne Drive C. Project #01-110-00003 - Special Use Permit Request - Request to Add a 900 Square Foot Bookstore, a 2,100 Square Foot Storage Building, and a 10,000 Square Foot Addition to the Existing 10,000 Square Foot Church Building - 16.551 Acres on Old Charlotte Highway Between Carroll Street and Olde Towne Drive D. Text Amendment to Title V, Chapter 55: Solid Waste of the City of Monroe Code of Ordinances E. Proposed Ordinance to Amend Title I, Chapter 10: General Provisions - Addition of Rental Dwelling and Dwelling Units Ordinance Enforcement 32 · e e e e F. Project #01-100-00004 - Conditional Use Permit Request - Renovation and Addition to Union County Public Library - 316 E. Windsor St. - Tax ID#'s 09-231-194A, 216, 217, and 218 G. Project #01-130-00004 - Rezoning Request - From R-lO (Moderate/High Density Single-Family Residential) to B-3 (Highway Business) - .424 acres on Corinth Church Road Approximately 200 feet From the Intersection of Lancaster A venue (Highway 200) - Tax ID# 09-327-001A (Portion) H. Project #01-130-00005 - Rezoning Request - From B-3 (Highway Business) to B-4 (General Business) - 806 Bundy Street (.513 acres) Approximately 300 Feet West of Morgan Mill Road - Tax ID# 09-189-006 5. Action from Public Hearings A. Resolution to Purchase Property for Economic Development - Bowie Motors of Monroe, Inc. B. Resolution to Purchase Property for Economic Development - Mary Murrill Oakes, et al. C. Project #01-130-00001 - Rezoning Request - R-20 (Low/Moderate Density Single- Family Residential) to B-I-SU (Neighborhood Business Special Use) - 16.551 Acres on Old Charlotte Highway Between Carroll Street and Olde Towne Drive D. Proposed Special Use Permit - Project #01-110-00003 - Request to Add a 900 Square Foot Bookstore, a 2,100 Square Foot Storage Building, and a 10,000 Square Foot Addition to the Existing 10,000 Square Foot Church Building - 16.551 Acres on Olde Charlotte Highway Between Carroll Street and Old Towne Drive E. Proposed Ordinance - Text Amendment to Title V, Chapter 55: Solid Waste of the City of Monroe Code of Ordinances F. Ordinance to Amend Title I, Chapter 10: General Provisions - Addition of Rental Dwelling and Dwelling Units Ordinance Enforcement G. Conditional Use Permit ~ Project #01-100-00004 - Renovation and Addition to Union County Public Library - 316 E. Windsor St. - Tax ID#'s 09-231-194A, 216, 217, and 218 H. Project #01-130-00004 - Rezoning Request - From R-I0 (Moderate/High Density Single-Family Residential) to B-3 (Highway Business) - .424 acres on Corinth Church Road Approximately 200 feet From the Intersection of Lancaster A venue (Highway 200) - Tax ID# 09-327-001A (Portion) I. Project #01-130-00005 - Rezoning Request - From B-3 (Highway Business) to BA (General Business) - 806 Bundy Street (.513 acres) Approximately 300 Feet West of Morgan Mill Road - Tax ID# 09-189-006 6. Closed Session (Property Acquisition) 03-06-01 33 · CITY OF MONROE CITY COUNCIL MEETING MARCH 6, 2001 - 6:30 P.M. MINUTES The City Council of the City of Monroe, North Carolina, met in Regular Session in the City Hall Council Chambers, 300 W. Crowell Street, Monroe, North Carolina, at 6:30 p.m. on March 6, 2001, with Mayor Judy L. Davis presiding. · Present: Mayor Judy L. Davis, Mayor Pro Tern P. E. Bazemore, Council Members Phil Hargett, Billy A. Jordan, Lynn Keziah, Bobby G. Kilgore, Robert J. Smith, City Manager S. Douglas Spell, City Attorney John Milliken, and City Clerk Jeanne M. Deese. Absent: None. Visitors: Joy Shute, Jake Benton, Kirk Shute, Suzanne S. Best, William K. Best, Wayne Baker, Terry Stevens, Mitchell Griffin, Ken Miller, Kris Miller, Shirley Lee, Jessie Lee, Fred H. Hight, Cynthia Lisk, Greg Bowman, Cathy Bowman, D. McClain, Paige McClain, Allen W. Helms, Dale Fuchs, John Dewboys, La Vondra Edwards, RW. Wallace, RG. Miller, R Montgomery, Robert O. Helms, III, Cliff Rhodes, Dave Eden, Derek Hodge, Heather Howard, Troy Penny, and others. e Mayor Davis called the Regular City Council Meeting of March 6, 2001 to order at 6:30 p.m. e A quorum was present. CONSENT AGENDA: Mayor Davis reviewed the Consent Agenda and asked if any member of the Council or the public would like to have any items moved from the Consent Agenda to the Regular Agenda for discussion. No such request was received. Written background information was provided in advance in the Council Agenda Packets for each item on the Consent Agenda. No further discussion was held. One motion and vote was taken, which included approval of all items on · the Consent Agenda. 34 e e e e e Item No.1. Minutes. A. Minutes of Ree:ular City Council Meetine: of Februarv 20. 2001. Council Member Kilgore moved to approve the Minutes of the Regular City Council Meeting of February 20, 2001. Council Member Keziah seconded the motion, which passed unanimously with the following votes: AYES: Council Members Hargett, Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: Minutes of the Economic Development Committee Meeting of December 7, 2000, Minutes of the Economic Development Committee Meeting of January 11, 2001, Minutes of the Community Development Committee Meeting of January 10, 2001, Minutes of the Transportation Committee Meeting of January 11, 2001, Minutes of the Environment and Water Resources Committee Meeting of January 16, 200 I, Minutes of the Tree Board Meeting of January 22, 2001 and Minutes of the Public Safety Committee Meeting of February 28, 2001 were received as information of Council. Item No.2. Resolutions. A. Resolution to Revise Hanear Lease with RRR. L.L.C. Engineering Director Loyd advised by memorandum that this is a consideration to revise the effective date of the City of Momoe Hangar Lease with RRR, LLC from October 1, 2000 to February 1, 2001. The Engineering Department received correspondence from Mr. Dale Reynolds representing RRR, LLC requesting that the City concede four months of Hangar Land Lease payments due to the unavailability of the hangar site. The original Lease Agreement with an effective date of October 1, 2000 provided for RRR, LLC to construct a 60' x 60' hangar with a 12' x 20' attached office. The Lease Agreement was originally approved by City Council on September 5, 2000. The lease area was not available for construction until January 23, 2001 due to a water main relocation. The Lease Agreement is for a 20-year term and has an annual rental of $1,308.50 or $109.02 per month. Consideration was requested for four months or $436.08. Mr. Loyd advised that the building pad was not available due to the water system improvements. A request for bids was released to area contractors on August 28, 2000. The estimated cost for installing 250 linear feet of 2-inch water main and removal of 85 linear feet of 8-inch asbestos water main within the building pad area was $11,807.50. Only one bid was received with State Utility submitting a bid proposal on September 11, 2000 of $19,155.00. This bid was rejected and Staff initiated contact with other contractors in the area. On September 24, 2000, a bid was received from King Construction and Piping for $11 ,330.00. King Construction and Piping mobilized on the site in November 2000 and completed the project in January 2001. Staff has reviewed the request submitted by Mr. Reynolds regarding the four months of lease payments. After discussions with Mr. Reynolds and one of the partners, Robert Russel, they 35 . . e e e have indicated that it would be acceptable to revise the effective date of the lease from October 1, 2000 to February 1, 2001. The term of the lease would still extend for 20 years or until February 1, 2021. The City of Monroe would not lose any revenues that would be generated by the Lease Agreement due to the revised effective date. Council Member Kilgore moved to adopt R-2001-19: RESOLUTION TO REVISE HANGAR LEASE WITH RRR, LLC R-2001-19 WHEREAS, General Statue 63-2 authorizes cities and towns to establish and regulate airports and the City of Monroe (hereinafter Owner) is Sponsor and Owner of the Monroe Municipal Airport, a designated reliever to Charlotte Douglas International Airport; and WHEREAS, the Owner and RRR, LLC entered into an Agreement entitled "City of Monroe Hangar Lease", dated September 19, 2000 for the construction of a 60' x 60' hangar with a 12' x 20' attached office on Land Lease Area Number lOon the Leasing Plan for the City of Monroe Airport Property, revised March 29,2000; and WHEREAS, the "City of Monroe Hangar Lease" provided for a 20 year lease term with an effective date of October I, 2000; and WHEREAS, the construction of the hangar and attached office by RRR, LLC was delayed due to water system utility adjustments and the site was not available to RRR, LLC until January 23,2001; and WHEREAS, it is advantageous and agreeable to both the City of Monroe and RRR, LLC to revise the effective date of the "City of Monroe Hangar Lease" to February 1, 2001. NOW, THEREFORE, it is agreed that said Agreement is amended as follows: TERM: This lease shall take effect on February 1, 200 I, and shall continue for a term of 20 years from that date or expire at midnight on January 31, 2021. NOW, THEREFORE, BE IT RESOLVED, that the Lease Agreement revision between RRR, LLC and the City of Monroe is hereby approved and the Mayor and the City Clerk are authorized and directed to execute same on behalf of the City. Council Member Keziah seconded the motion, which passed unanimously with the following votes: AYES: Council Members Hargett, Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: B. Resolution to Request Traffic Control Photoeraphic System. Council Member Kilgore moved to adopt R-2001-22: 36 e e e e e RESOLUTION OF THE MONROE CITY COUNCIL TRAFFIC CONTROL PHOTOGRAPHIC SYSTEM R-2001-22 THAT WHEREAS, the City Council is aware of the inherent dangers of vehicle control signal violations (N.C.G.S. 20-158) on the City's streets and highways; and, WHEREAS, N.C.G.S. 160A-300.1 authorizes certain cities to adopt ordinances for the civil enforcement of N.C.G.S. 20-158 by means of a traffic control photographic system, as described in subsection (a) of said G.S. 160A-300.1; and, WHEREAS, in order to promote the public safety of its citizens, the City Council is of the opinion that Monroe should request the General Assembly to make N.C.G.S. 160A-300.1 applicable to Monroe. NOW, THEREFORE, BE IT RESOLVED that the City of Monroe requests the General Assembly to make N.C.G.S. 160A-300.1 applicable to the City of Monroe and that a copy of this Resolution be sent to the legislative delegation. Adopted this 6tll day of March, 2001. Council Member Keziah seconded the motion, which passed unanimously with the following votes: AYES: Council Members Hargett, Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: Item No.3. Call for Public Hearinl:s to Be Held March 20. 2001. A. To Amend Title XV. Chapter 156: Land Usae:e - Modification of Existin~ Pavine: ReQuirements (Section 156.125). Council Member Kilgore moved to call for a public hearing to be held March 20, 2001 at 6:30 p.m. to consider this request. Council Member Keziah seconded the motion, which passed unanimously with the following votes: AYES: Council Members Hargett, Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: B. To Amend Title XV. Chapter 155: Land Usal:e - Rewrite of the Watershed Ordinance (Chapter 155) 0-2001-10. Ordinance to Amend Title XV. Chapter 156: Land Usal:e - Council Member Kilgore moved to call for a public hearing to be held March 20, 2001 at 6:30 p.m. to consider this request. Council Member Keziah seconded the motion, which passed unanimously with the following votes: 37 e e e e e AYES: Council Members Hargett, Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: REGULAR AGENDA Item No.4. Public Hearin~s. Mayor Davis explained the procedures the Council follows in conducting public hearings and taking action thereon. A. Purchase of Property for Economic Development. Mayor Davis opened this duly advertised public hearing. Assistant City Manager Mark Donham advised that this is a request to consider the purchase of the land referred to as the "Murrill Property." This land purchase will be used for the expansion of the Monroe Corporate Center. The land is made up of two parcels. Parcel "A" is 105 acres owned by the Hugh Murrill Heirs and Parcel "Ð" is 41 acres owned by Bowie Motor Company, Inc. The total size is approximately 146± acres. Mr. Donham further advised that last year, the Economic Development office was given a directive by City Council to seek additional land for industrial and office development within the vicinity of the Monroe Corporate Center. Mr. Donham stated that after surveying several possibilities, the Economic Development Commission believes that the Murrill property will have the most immediate impact towards the City's goal of maintaining its aggressive posture in industrial retention and recruitment. Mr. Donham further stated that to ensure that this proposed land for purchase was to be completed without any problems, the Economic Development office worked closely with City Attorney John Milliken. Mr. Donham gave a history of the project. He stated that Phase I has already generated seven new facilities totaling over $60 Million in capital investment and retaining or creating over 600 jobs. The Corporate Center has also generated utility income for the City utilities. All citizens of Union County have benefited by the investment. The broadened tax base increased revenues and overall higher wages. The Economic Development office first began negotiations for this property in late 1999. The price negotiated was $14,000 per acre which was less than what had originally been negotiated for. The realtor on this matter was Gerald Haymond. The property has undergone an environmental survey and no problems were found. The Water Resources Department estimated that it will cost around $500,000 to provide water and sewer services. The property to date has not had a geotechnical survey but one will be completed before the closing occurs. The land is next to the City limits and will be annexed as soon as it is purchased. Because of the location of the property, it is probable that this purchase will add significantly to the tax base and will create a number of jobs in the City and County. Mr. Donham stated that it was the recommendation of the Economic Development Commission and the staff of the Economic Development Office, that the City Council resolve that this property is necessary for the continued economic well-being of the City of Monroe and to appropriate funds for the acquisition of the property. The estimated cost for the property is $2,044,000.00. This figure will be determined exactly once the survey of the land has been completed. 38 e e e e e There being no other comments, either for or against the proposal, Mayor Davis closed this public hearing. B. Project #01-130-00001 - Rezonine: Reauest - R-20 (Low/Moderate Density Sine:le- Familv Residential) to B-I-SU (Neighborhood Business Soecial Use) - 16.551 Acres on Old Charlotte Hie:hwav Between Carroll Street and Olde Towne Drive. Mayor Davis advised that a dual public hearing will be held to consider this request and Item 4. C., a Special Use Permit request for the same property. Action on the two separate requests will be voted on separately. Mayor Davis opened this quasi-judicial public hearing and swore in the following individuals who planned to give testimony: Reverend Mitchell Griffin, Kenneth Miller and Carol Rhea. Planning Director Rhea stated that this was a request to rezone from R - 20 to B-I-SU. The parcel is surrounded by land zoned R-20 to the northwest and southeast along Old Charlotte Highway which includes aIde Towne and Briarwood Acres Subdivisions. Across Old Charlotte Highway to the southwest is land zoned R-Pl (Hasty Woods Subdivision) and a single-family residence zoned B-3 (Highway Commercial). Tothe north there are two large parcels zoned B-3 that border West Roosevelt Boulevard, used for residential/agricultural purposes. The site lies within the WS-III Water Supply Watershed, but does not lie within a floodplain. The petitioner's property is located in an area designated for urban residential uses. Land Development Plan strategies relevant to this case include: (1) S-2g ~ prohibit commercial developments that would negatively impact existing residential neighborhoods; (2) S-2i - use the R-O and B-1 zoning districts as transitional areas between established residential neighborhoods and commercial areas; (3) S-8a - prevent the further encroachment of incompatible non-residential uses on established residential neighborhoods such as Helms Park, Pinedell, aIde Towne, Benton Heights, and Hasty Woods; and (4) S-8b - encourage the orderly transition of stranded residential lots to commercial, office, and light industrial uses. According to Ms. Rhea, the petitioner wishes to rezone their property from R-20 (Low/Moderate Single-Family Residential) to B-l-SU (Neighborhood Business--Special Use). The principle use of the site currently is a 10,000 square-foot church. The petitioner intends to continue to use the site for a church and to add a retail bookstore at some point in the future. Churches are a permitted use in both the R-20 and B-1 zoning districts. Retail is not a permitted use in the R-20 zoning district. This site is not a stranded residential lot and it is located within the WS-III watershed. Ms. Rhea advised that the R-20 zoning district, as do all residential zoning districts in the City of Monroe, permits churches as a use by right. The petitioner could expand this church for any type of church use (new Sunday school buildings, sanctuaries, fellowship halls, storage buildings, etc.) without coming to Council for any approval or without notifying any of the surrounding property owners. Items that trigger the need for a rezoning include the retail bookstore and a sign that the church has purchased and installed at their entrance. This sign is too large to be allowed in the R-20 district. The B-1 zoning district is the least intensive zoning district that would permit a sign of that size. Ms. Rhea stated that staff did initially 39 e e e e e notify the church that their sign was in violation and that is when their representative came into City Hall to speak with the Planning Department about their options. The church at that time disclosed that they had future plans for a retail bookstore and additional expansions and therefore felt that rezoning was the appropriate choice for them. Staff encouraged the church to apply for the B-I-SU rezoning as they felt the general use business district in this location was appropriate. Ms. Rhea went on to explain that the special use permit process, if approved by Council, will bind this property to the site plan that the church has submitted. The Zoning Administrator can only make minor modifications. These modifications would be relegated to things that cannot be foreseen (i.e., field conditions related to the soils). This would not permit the Zoning Administrator to issue a permit for the church to construct any more buildings or to expand the buildings that they are asking the Council to approve. It would be restricted to the square footage that they show. In this respect, a special use district rezoning is more restrictive than what they could currently do under R-20 with the church-related facilities. If the church wanted to expand in the future, they will have to come back to Council and get approval for the same. At that time, adjoining property owners would have to be notified. Mayor Davis questioned that if the church left the zoning as R-20, they could expand as much as they wanted to. Ms. Rhea advised that was correct as long as they met the setbacks, parking requirements, and the watershed requirements. Council Member Keziah questioned what the plans were for the remaining acres behind the church. Ms. Rhea stated that she was not aware of future plans and stated that Reverend Griffin would be able to answer this question. Planning Director Rhea stated that whatever plans were for the land, it would still have to come back before Council. It was for that reason that staff recommended the rezoning be approved and the permit be approved. Planning Board also recommended approval. Council Member Kilgore asked what would be required as far as the special use permit relates to land uses or buffering. Ms. Rhea advised that the church has shown screening on their site plan and it completely encloses their parking area. There are minimal screening requirements and the church is in compliance with the requirements. Reverend Mitchell Griffin spoke in favor of this request. He stated that he had a copy of the appraisal prepared by Morrison Appraisals. The appraisal was drawn up to protect the adjoining landowners. Rev. Griffin read from the appraisal: "As requested, I have inspected the site where you plan to build a Christian bookstore. It is my understanding that you plan to change the zoning from R-20 to B-I-SU. I have gathered information on the proposed use and I have researched other areas of the City that have similar situations. Based on the information gathered, it is my opinion that the proposed use meets all the requirements of the City and the proposed use will not substantially injure the value of the abutting or adjoining property. Based upon this information, it is my opinion that if the site is developed to meet these standards set by the City by the special use permit that the proposed use will not substantially injure the value of the adjoining or abutting property. " 40 e e e . e Rev. Griffin further stated that the church realized that if this item were approved, it limited the property to be under control of the City and the church had no problem with that. Rev. Griffin apologized to any of the adjoining landowners who attended the last meeting as there was a mix up on the hearing time on his part. He advised that the bookstore will be used as a ministry to the community. Nothing will be sold there but King James Bible materials. This will be a ministry of the church, not for profit. Mayor Davis reiterated that R-20, which the church has by right now, meant that the church could do anything as far as enlarging the church or building whatever was within the guidelines of the State of North Carolina without asking permission from the City of Monroe. Rev. Griffin stated that he understood. Mayor Pro Tern Bazemore stated that he felt this was an interesting idea and he would like to have an opportunity to sit down and speak with Rev. Griffin about this in the future. Rev. Griffin welcomed this meeting. Mayor Davis asked the following questions of Rev. Mitchell Griffin m keeping with the required finding of facts: Mayor Davis: Is it your opinion that the use will not materially endanger the public health or safety if located where proposed and developed according to plan? Rev. Griffin: No it will not endanger. Mayor Davis: Is it your opinion that the use or development complies with all regulations and standards of this chapter, as well as any other State or local rule or regulation governing the development of land? Rev. Griffin: Yes, ma'am, Mayor Davis: Is it your opinion that the use or development will not adversely impact surrounding property and will not substantially injure the value of adjoining property? Rev. Griffin: Yes, ma'am. Mayor Davis: Is it your opinion that the location and character of the use, if developed according to the plan as submitted and approved, will be in harmony with the area in which it is to be located and will be in general conformity with the Monroe Land Development Plan? Rev. Griffin: Yes, ma'am. Mayor Davis: Is it your opinion that public water and sewer service are available in adequate capacity? Rev. Griffin: Yes, ma'am. Mayor Davis: Is it your opinion that the rezoning of land to a special use district will produce a development of equal or higher quality than otherwise required by the strict application of the provisions of a general use district of similar type and intensity 41 e e e e e and will therefore benefit the owner, his neighbors, and the surrounding community? Rev. Griffin: Yes. ma'am. Mayor Davis asked Ms. Rhea whether conditions that staff had added to this were conveyed to Rev. Griffin. Ms. Rhea stated that these were read out at the Planning Board and Rev. Griffin stated that he has seen and understood the conditions. Ms. Rhea reviewed the conditions: (1) The development of the tract shall proceed in conformity to all plans and design features submitted as part of the special use permit application and kept on file by the City of Monroe Department of Planning and Development except that the City of Monroe Zoning Administrator may approve minor changes to such plans as defined in Section 156.188 (H)(2); (2) The petitioner shall extend a water main and install a fire hydrant on the property at their cost which meets the requirements of the City of Monroe Water Resources and Fire Department; and, (3) The petitioner shall comply with all zoning and watershed regulations as specified in Chapters 155 and 156 of the Monroe Code of Ordinances before a Certificate of Occupancy can be obtained. Mr. Kenneth Miller spoke in opposition to this request. He stated that he was a resident of 0lde. Towne Estates and was speaking for several folks in this community. He shared copies of digital photographs with Mayor and Council. Mr. Miller presented a petition which he stated was signed by 100 percent of the residents in the neighborhood. The petition expressed three concerns which he reviewed. Mr. Miller stated that they are requesting that the proposal be rejected in its current form. Mr. Miller advised that a couple of weeks before the last Council meeting they attended, when the public hearing was postponed, it was not easily concluded because it puts people of faith seemingly against an institution of faith and that is not what their intent was. Mr. Miller stated that it made their decision very difficult and that they understand the core issue with the matter. Mr. Miller stated that he knew it to be a conflict between reasonable rights to privacy and full protection of their property values which they deemed to be very important and the rights of the religious institution to support and provide faith-based services. Mr. Miller stated that they did not reject the church's legitimate rights but they were here to protect their own. He stated that there was ample evidence that gave rise to their concerns of privacy and property value protection. He felt there were unanswered questions with regard to the site map about future development and construction design. He stated that in December the church commissioned a land use study and Rev. Griffin had cited the exact same passage. This cite comes from page 14 and states, "If the site is developed to meet the standards set by the City's special use permit, the proposed use would not substantially injure the value of the adjoining or abutting property." Mr. Miller stated that any injury to their property values is a concern to them. He stated they care about their neighborhood and they want their homes to appreciate not depreciate. He stated that the study cites several properties in different areas of the City. Mr. Miller believes this to be flawed in its approach. The homes that are listed that appear to have no adverse impact are 1,100 to 1,300 square foot homes. The homes in Olde Towne Estates 42 e e e e e subdivision are 1,800 to 2,800 square foot homes. Mr. Miller stated that the 1,100 to 1,300 square foot homes are typically starter homes. It is their belief that such homes are least impacted in the proximity to a business district. Many, over time, become rental properties as evidenced in a number of cities around the Country and in our County. Mr. Miller stated that the larger, more established homes consistent with the ones in their neighborhood appear to be adversely impacted, such as one on Circle Drive which recently sold for under $50.00 a square foot. The recent tax revaluation listed their property at $71.00 to $74.00 a square foot. If they were to sell at $50.00 a square foot, they would be losing and would be substantially injured. Mr. Miller stated that the study also cited property adjoining and across the street from Rolling Hills Country Club and Golf Course as an example of stable sales adjoining or near a business district. Mr. Miller found the comparison analysis to be flawed. People do not locate near churches for the same reason they locate next to country clubs. Mr. Miller stated that the existing church is only 130 feet from their property line. The parking lot is within 50 feet of the property line. There is a carport-style structure that is not listed on the site map that stands within 15 feet of the property line. There is a volleyball net which stands 60 feet from the property line. All of these structures stand in full view of their neighborhood. The church has provided no visual screening to shield these views from their property even though the site map indicates that there is existing screening and future screening. Mr. Miller reviewed digital photographs with Mayor and Council. Mr. Miller stated that the church in its close proximity to the neighborhood boundary, is neither incorporated nor has it proposed any security fencing as they develop and expand their site to develop what he presumed to be a school and also a business operation in the retail bookstore. The site plan calls for the construction of a 2,100 square foot storage building within 60 feet of the neighborhood property line. That is closer than their homes are sited together and it has a footprint larger than anyone of their homes on the first floor. The site plan also calls for the retail bookstore to be constructed on the property because the retail operation although it is part of their ministry, will generate additional vehicular and consumer traffic, further eroding their privacy and potentially their property values. There is no screening. Several properties abutting that property have no privacy, and they can see in the homes as they drive into the site. Mr. Miller stated that the plan also does not address the type of construction for future facilities. The existing church is made of corrugated steel siding and roof. Mr. Miller asked whether other buildings will be made of the same material, will they be improved upon or will they be prefabricated buildings. Prior to the current development and site, they spoke with members of the church and were informed that they would construct a Christian school on the property. The subdivision understood that and knew that and were comfortable with that as a community. The proposed church addition is actually for a 10,000 square foot gymnasium but there is no site plan for a school. Mr. Miller questioned where the school would be located on the site, what landscaping would be provided to enhance appearance to protect privacy, and what type of fencing would be provided to protect their security. Mr. Miller questioned what type of additional signage would be required to announce their new additions. 43 e e e . . Mr. Miller questioned whether the proposal before Council is the second installment of an incremental zoning and development approach or strategy to develop the site fully to the church's expectations without substantial interference from the neighborhood or City. It was first rezoned to R-20 so that the church could be provided. Now, another request, to be one for special use. They do not object to special use and feel that there is real value in the special use. The community had questions as to what B-1 allows. Mr. Miller stated that this is the second rezoning and the site plan was incomplete; therefore, they did not know what subsequent installments there will be, if any, until the site was fully developed. Mr. Miller stated that to be sure that the resolution of this matter does not require that there be a loser, 100 percent of the households request a reasonable solution. The subdivision asked that the action in the current form be rejected and be referred back to staff. Because of the incomplete site plan and concerns for security, privacy and property value protection, the subdivision would work in good faith, provided that such faith would be provided to them, to craft a solution that protects the subdivisions' interests and provides the church freedom to grow its services. In such an environment provided by all parties involved, the subdivision felt that a mutually agreeable solution could be found to protect everyone's interest. Mayor Davis asked Mr. Miller if he understood fully that if Council rejected the proposal, that the church could do anything they wanted to except build the 900 square foot bookstore. By right in R-20, the church does not have to ask permission of the Council. Council does not have to require anything. Mr. Miller stated that he understood this. Mayor Davis advised that if Council rejected the proposal, Council is out of it and will only tell the church they cannot build a bookstore. It will then be between the subdivision and the church. The church can build as many buildings as they want, wherever they want as long as they are within the setbacks that are required. Mayor Davis advised that the City would not be able to protect the subdivision in any way, shape or form as long as they meet the required setbacks. Mr. Miller asked could Council table this while both parties worked towards a mutually acceptable solution. Mayor Davis commented that she felt this would be a good idea. Mr. Miller stated it was his understanding that if the church stayed R-20 the only requirement of the church would be to reduce their sign size and they could not build a retail or business operation. Mayor Davis advised that that was correct. Ms. Rhea asked City Attorney Milliken if Council tabled this item tonight, would there be anything to prevent the church from coming in the following day and pulling permits that it can legally build under R-20. City Attorney Milliken responded that the church has every right to pull a permit to build the 10,000 square foot addition. Ms. Rhea restated Mr. Milliken's comment. Rev. Griffin responded that if the subdivision had asked the church for privacy they would have provided privacy. He stated that no one had ever communicated this to the church. Mayor Davis asked that should Council agree to continue this item during the voting period, would the parties like time to work this out among themselves. 44 e e e e . Council Member Keziah stated that he felt should the church put up a privacy fence, this would benefit both parties. Mr. Miller stated that they would like the opportunity to work with the church. Rev. Griffin stated that the church was agreeable. Planning Director Rhea stated that another option would be to approve the rezoning to the B-1-SU and table just the permit. Mayor Pro Tern Bazemore stated that he felt the rezoning does more for the community than it does for the church. City Attorney Milliken stated that he understood the community to say that the existing screening that is shown on the site plan was not in place. Mr. Miller stated that was correct. Attorney Milliken stated that the site plan has got to be complied with as it is part of the record. Mr. Miller stated that the subdivision was notified of the pending Council hearing. They were never notified of the intent to rezone or any opportunity for public comments or questions to be raised in the process prior to Staff approval and sending it to Council. Mayor Davis asked if what Mr. Miller was saying was that he would like to have been notified when it went before the Planning Board. Mr. Miller stated that was correct. Council Member Jordan stated that in listening to the objections, there was more to do than just adding a fence. He stated that Mr. Miller addressed future buildings, property values, etc. Mayor Davis stated that she felt that the parties need to get together and discuss what would make each side comfortable and what could be done to meet each other's needs. Mayor Davis asked that Staff be allowed to meet with individuals from both parties to work out a solution. Mr. Rhea asked that should Council choose to postpone their decision, it be in the form of a continuation instead of being tabled. Council Member Jordan moved to continue this public hearing until March 20, 2001. Council Member Keziah seconded the motion, which passed unanimously with the following votes: AYES: Council Members Hargett, Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: C. Proiect #01-110-00003 - Special Use Permit Request - ReQuest to Add a 900 SQuare Foot Bookstore. a 2.100 Square Foot Storaee Buildin&:. and a 10.000 SQuare, Foot Addition to the Existin~ 10.000 Square Foot Church Buildin&: - 16.551 Acres on Old Charlotte Hi~hway Between Carroll Street and Olde Towne Drive. This quasi-judicial public hearing was held in conjunction with Item 4(b) above. D. Text Amendment to Title V. Chapter 55: Solid Waste of the Citv of Monroe Code of Ordinances. Mayor Davis opened this duly advertised public hearing. Planning Director Carol Rhea advised that on September 19, 2000 the City Council amended Section 55.06(A) and added Section 55.06(E) Regulations for Non-City Contracted Bulk Container Services, allowing City Council to waiver the requirement when certain factors were present. Section 55.05(A)(4) Regulations for City Customers, General, Bulk Containers should have been amended at that time. The difference between the two sections is that Section 55.06 regulates 45 e e e e e non-City customers and Section 55.05 regulates City customers. The proposed text amendment applies to City customers and is the addition of a hardship provision to the requirement that multi-family complexes with four or more units use bulk container services. Staff recommended that the ordinance be approved as written. There being no further other speakers, either for or against the proposal, Mayor Davis closed this public hearing. E. Proposed Ordinance to Amend Title I. Chapter 10: General Provisions - Addition of Rental Dwelline and Dwelline Units Ordinance Enforcement. Mayor Davis opened this duly advertised public hearing. Planning Director Rhea advised that this proposed text amendment is to add Rental of Dwelling and Dwelling Units (Chapter 117) to Section 10. 19(G) as enforceable by civil penalties. Ms. Rhea further stated that on January 16, 2001 the City Council amended Chapter 117, Rental of Dwelling and Dwelling Units. The amendment changed the requirement for a privilege license to a rental permit, which is issued by the Department of Planning and Development. The proposed text amendment would add the rental permit chapter to the list of code chapters enforceable by civil penalties. Staff recommended that the ordinance be approved as written. There being no further speakers, either for or against the proposal, Mayor Davis closed this public hearing. F. Project #01-100-0004 - Conditional Use Permit Request - Renovation and Addition to Union County Public Library - 316 E. Windsor St. - Tax ID#'s 09-231-194A. 216. 217. and 218. Mayor Davis opened this quasi-judicial public hearing and swore in the following individuals who planned to give testimony: Derek Hodge and Carol Rhea. Planning Director Rhea advised that this was a request by Union County Public Library to add 18,000 square feet to the existing main branch of Union County Public Library located at 316 East Windsor Street. The petitioner's site is surrounded by commercial uses to the northwest (Casey's) zoned B-2, an institutional use adjacent to the west (First Presbyterian Church) zoned R-O, and single-family residential uses located to the northeast, east, and south on properties zoned B-2 (Central-Business), R-O, and R-lO (Moderate/High Density Single-Family). The petitioner's property is located in a transition area between urban residential uses and the central business district. Land Development Plan strategies relevant to this case include: (1) S-lf - require all institutional uses in residential areas to be designed to minimize adverse impacts on adjacent residential properties; (2) S-lp - prohibit the encroachment of incompatible, non-residential uses in established neighborhoods; and (3) S-5b - continue to support strong design standards for downtown development. The expansion included the existing facility and also included adding to that a two-story addition which requires a bump out of the roof. Staff did amend the zoning ordinance to allow uses in the R -0 district to exceed 5,000 square feet but in doing so, a conditional use permit is required. Staff also adopted design standards for non-residential uses located in the R-O 46 e e e e e district. The current Library facility does not meet any of those design standards. The proposed addition does not meet all of those design standards. There will be a new pitched roof and Staff felt that the design would be more in conformance than the existing facility. Staff does feel that the Library is a public necessity. Staff is concerned with the current parking area which shows 166 parking spaces. The Ordinance requires 108 spaces. Staff had spoken with Mr. Derek Hodge, who represents the Library, and they are okay with this. The Library indicated to Staff that plans for exterior lighting fixtures and landscaping plans will meet all requirements of the ordinance. In that regard, Staff requested that a condition be placed on the permit stating that petitioner shall submit revised site plans to staff prior to approval of the conditional use permit that clearly show all existing utility lines, exterior lighting fixtures, and meet the landscaping requirements of Sections 156.052 and 156.060 of the Monroe Code of Ordinances. Staff recommended that if City Council chose to issue a conditional use permit for this request the following conditions be met: (1) The development of the tract shall proceed in conformity to all development plans and design features submitted as part of the conditional use permit application and kept on file by the City of Monroe Department of Planning and Development except that the City of Monroe Zoning Administrator may approve minor changes to such plans as required by field conditions as defined in Section 156.185 (D)(2); (2) The petitioner shall comply with all zoning regulations as specified in Chapter 156 of the Monroe Code of Ordinances before a Certificate of Occupancy can be obtained; (3) The petitioner shall submit a "Hold Harmless Agreement" acceptable to the City of Monroe City Attorney prior to requesting the services of the City of Monroe Engineering Department for the installation of a new storm drain adjacent to the existing building; (4) The petitioner shall obtain a driveway permit from the City of Monroe Engineering Department prior to driveway construction; and (5) The petitioner shall submit revised site plans to staff prior to approval of the conditional use permit that clearly show all existing utility lines, exterior lighting fixtures, and meet the landscaping requirements of Sections 156.052 and 156.060 of the Monroe Code of Ordinances. Planning Board recommended approval at their meeting on February 7, 2001, with Staff's recommended conditions. Mr. Derek Hodge, architect for the County for the design of the Public Library, spoke in favor of this request. He stated that under the design standards which they did not meet (roof pitch, residential character, etc.) they are trying to minimize the impact they do not reach. The foot print of the addition is 9,000 due to topographical changes. Mr. Hodge stated that in regard to the parking spaces, the Library's intent was to show the build out and use the parking that was shown as in excess as alternate knowing that if the funds in the construction budget permitted, it would be constructed for the ease of use of a downstairs area. The Library had no problem changing the number of parking spaces. The landscaping will meet or exceed the City's requirements. There will be a fence added in some of the bumped out areas. The Library further intends to site light the property for decorative and security lighting. The Library felt that would be a lively area for the City with a lot of activity especially on a patio which had been designed for use after hours. The Library is in essence changing the entrance to the 47 center of the building to coincide with the popped-up roof area. This will allow the Library to have a separate entrance to a community/civic room that can also function after hours when the Library is closed. This is a work-in-progress with a lot of things that are still being determined as they go. Utility lines will be shown on their final plans for bidding. Part of it is hold harmless because the City's utility people have agreed to help the Library relocate a drain line that presently runs under the building. e Mayor Davis asked the following questions of Mr. Hodge in keeping with the required finding of facts: Mayor Davis: e Mr. Hodge: Mayor Davis: Mr. Hodge: Mayor Davis: Mr. Hodge: Mayor Davis: e Mr. Hodge: Mayor Davis: Mr. Hodge: Is it your opinion that the use will not materially endanger the public health or safety if located where proposed and developed according to plan? It will not. Is it your opinion that the use meets all required conditions and specifications? It will. Is it your opinion the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity? It will not. Is it your opinion the location and character of the use, if developed according to the plan as submitted and approved, will be in harmony with the area in which it is to be located and will be in general conformity with the Monroe Land Development Plan? Yes, ma'am. Is it your opinion the height, bulk, and placement of buildings and accessory structures (including parking lots and loading areas) on the development site minimizes negative impacts on adjacent residentially zoned areas? Yes, ma'am. Mayor Davis: Is it your opinion the use as proposed will be compatible with the general characteristics of the area in which it is located? Mr. Hodge: Yes, ma'am. e Ms. Rhea asked Mr. Hodge to indicate the parking changes that the Library intended to make. Mr. Hodge responded that Staff had a concern that drive through traffic would happen because it's a straight lot. If this parking is eliminated, the Library will also eliminate this entrance. The Library also needs to locate a dumpster behind a building screen or a place that trucks can easily access the dumpster. Mr. Dave Eden spoke in favor of this petition. He asked Council to envision in the heart of the City of Monroe this beautiful building open to all of its citizens, seven days a week and to support this petition. . 48 e e e e e There being no other speakers, either for or against the proposal, Mayor Davis closed this public hearing. G. Project #01-130-00004 - Rezoninl! Request - From R-I0 (Moderate/Hi~h Densitv Sin~le-Family Residential) to B-3 (Hi~hway Business) - .424 acres on Corinth Church Road Approximately 200 feet From the Intersection of Lancaster A venue (Highway 200) - Tax ID# 09-327-001A (Portion). Mayor Davis opened this duly advertised public hearing. Planning Director Rhea advised that this was a request by D. Wayne Baker and Allen W. Helms to rezone 0.424 acres on Corinth Church Road approximately 200 feet from the intersection of Lancaster Avenue (Highway 200) from R-lO (Moderate/High Density Single- Family Residential) to B-3 (Highway Business). Ms. Rhea advised that the petitioner's vacant parcel is currently a mix of B-3 (Highway Business) and R-I0 (Moderate/High Density Single-Family Residential) zoning. The parcel is surrounded by several large lots zoned R-lO to the south and west used for single-family purposes. A lot located across Corinth Church Road and behind Park Grove Grocery zoned R- 10 has a non-conforming use (motor vehicle repair) and a residence. To the north is a single- family subdivision (Woodhaven), zoned R-Pl (Planned Multi-Family). South and east of the petitioner's site is land zoned B-3 and used for commercial purposes (Animal Healthcare Hospital of Monroe and Park Grove Grocery). The petitioner's property is located in an area designated for urban residential uses and a neighborhood retail node. Land Development Plan strategies relevant to this case include: (1) S-2f - avoid further strip commercial development along existing or new highways; (2) S-2g - prohibit commercial developments that would negatively impact existing residential neighborhoods; and (3) S-2I - promote neighborhood scale shopping centers. Ms. Rhea stated that the petitioner wishes to rezone an additional .424 acres of their property from R-lO (Moderate/High Single-Family Residential) to B-3 (Highway Business). The petitioner originally submitted a request to rezone 1.85 acres of their 3.24 acre parcel that was zoned R-I0 to B-3. Staff was concerned that rezoning the entire tract to B-3 would have negative effects on the neighboring residential properties and possibly have led to additional rezoning requests on Corinth Church Road. The petitioner revised their request to oilly the amount of land needed for their proposed development. Rezoning oilly .424 acres of the remaining 1.85 acres zoned R-lO will allow 1.43 acres to remain as a buffer between any future commercial development and the existing residential area. Staff does feel that a rezoning to B-3 is appropriate due to the zoning on adjacent parcels and the parcel's proximity to Lancaster Avenue (Highway 200). The petitioner's parcel is located in the WS-IV watershed protection area. Staff recommended that the rezoning request be approved as submitted. Likewise, the Planning Board at their meeting on February 7, 2001 recommended the rezoning request be approved as submitted. 49 e e e e e Mr. Bobby Griffin addressed Council in favor of this recommendation. He asked that Council approve this recommendation. There being no other speakers, either for or against the proposal, Mayor Davis closed this Public Hearing. H. Proiect #01-130-00005 - Rezoninl: Reauest - From B-3 (Highway Business) to B-4 (General Business) - 806 Bundy Street (.513 acres) Approximately 300 Feet West of Morean Mill Road - Tax ID# 09-189-006. Mayor Davis opened this duly advertised public hearing. Planning Director Rhea advised that this is a request by Dawn and Dale Fuchs to rezone 0.513 acres on Bundy Street approximately 300 feet west of Morgan Mill Road from B- 3 (Highway Business) to B-4 (General Business). Ms. Rhea advised that the site lies within a large mix of commercial development. North and northeast of the property is land zoned both B-3 and B-4, which is owned by Hughes Supply and used as an electrical wholesaling business with an accessory warehouse. East of the property is a single-family residence zoned B-3, and to the west a single-family residence zoned BA. South and west of the property between Bundy Street and West Roosevelt Blvd., there is a hotel (Holiday Inn Express), a restaurant (Sagebrush), and an appliance rental business (Best Way). This site does not lie within a watershed district or a floodplain. The petitioner's property is located in an area designated for general commercial uses. These areas are generally located along major thoroughfares that contain a wide array of commercial uses. Typical retail uses include shopping centers, restaurants, and convenience stores. Other "heavier" uses include mini-warehouses, automobile dealerships, auto body shops, contractor's yards and machine shops. Many of these uses require the outdoor storage of bulky goods and/ or equipment. Development considerations include the compatibility with abutting residential districts, and the appearance of new and existing development. Ms. Rhea stated that the petitioner wished to rezone their property from B-3 (Highway Business) to B-4 (General Business). The site at 806 Bundy Street currently includes two rows of mini-warehouses with an attached office on each row. One of the offices is being used in conjunction with the mini-warehouse business. The other office is being used for a small engine repair business (Tyson Small Equipment Repair). The City of Monroe Zoning Enforcement Officer noticed the small engine repair business after viewing several off-premise temporary signs. After a review of all zoning files, it was determined that no zoning or change of use pennit was issued for the small engine repair business. A review of the zoning ordinance indicated that a small engine repair business is not currently a permitted use in the B-3 zoning district, but is a permitted use in the B-4 district. Staff does not feel that a rezoning from B-3 to B-4 will have a negative impact on surrounding properties due to the current use of the property, the surrounding uses of land, and the proximity to land currently zoned BA. 50 e e e e e Staff recommended that the rezoning request be approved as submitted. Likewise, the Planning Board at their meeting on February 7, 2001 recommended the rezoning request be approved as submitted. Mr. Lewis Fisher spoke in favor of this recommendation. He represented the property owners in this matter. He thanked Staff for working with him ~nd his client. Mr. Fisher asked that Council approve this request. There being no further comments, either for or against the proposal, Mayor Davis closed this public hearing. Item No.5. Action from Public Hearines. A. Resolution to Purchase Property for Economic Develooment - Bowie Motors of Monroe. Inc. Council Member Smith moved to adopted R-2001-20: RESOLUTION TO APPROPRIATE FUNDS AND TO PURCHASE FEE SIMPLE TITLE TO A TRACT OF LAND BOWIE MOTORS OF MONROE, INC. R-2001-20 THAT WHEREAS, the City Council, pursuant to N.C.G.S. 158-7.I(c) has heretofore called for a public hearing for March 6, 2001, for the purpose of purchasing fee simple title to a tract of land located south of Goldmine Road and west of Airport Road pursuant to the terms of an Agreement For Purchase and Sale of Real Property; and, WHEREAS, the Council finds that the City Clerk caused notice of public hearing to be published in the Monroe Enquirer Journal as required by N.C.G.S. 158-7.1(c); and, WHEREAS, pursuant to said notice a public hearing was held on March 6,2001, at 6:30 P.M. That based on the testimony received at said public hearing and other information furnished to the City Council it is found as follows: 1. That in order to promote the health and welfare of the citizens of Monroe it is necessary and desirable to make budget appropriations for the purposes enumerated in N.C.G.S. 158-7.1(a) and (b). 2. That the said land hereinafter described is suitable for development as an industrial park or to be held for resale for industrial or commercial uses. 3. That the proximity of said land to the present city limits together with its accessibility to the municipal airport and major roads of the County insure the fact that any business located thereon would provide jobs to City residents. 4. That it is in the best interest of the City to acquire fee simple title to the said land hereinafter described at $14,000.00 per acre for the approximate total purchase price of $574,000.00, the 51 e e e e e exact amount of the purchase to be determined after a more accurate determination of acreage by survey. 5. That the land to be. purchased is attached hereto as Exhibit "A" and incorporated herein by reference and contains approximately 41 acres more or less. NOW, THEREFORE, BE IT RESOLVED: 1. That the City Council hereby appropriates the funds necessary to acquire the aforementioned fee simple title, funding being transferred from the Electric Fund in the amount of $574,000.00. 2. That an amendment to the Electric Fund Budget for the Fiscal Year 2000-2001 be approved to appropriate Fund Balance to make the necessary transfer to fund the aforementioned purchase. 3. That the Mayor and City Clerk are authorized and directed to enter into a contract for the purchase of said property hereinabove described and to effect the acquisition of said tract of land in fee simple pursuant to the terms set out therein. Adopted this 6th day of March 2001. Exhibit "A" Tax Parcel 09-402-001, the Bowie Motors of Monroe, Inc. Property: Being in North Carolina, Union County, Monroe Township and being all of that property shown on tax map 09-402-001 and being of portion of the deed recorded in Deed Book 478, Page 219. The property is bounded: on the north by Goldmine Road (SR 1162); on the east by the property granted to Hugh C. Murrill by deed recorded in Record Book 748, Page 695 in the Union County Register of Deeds being tax map parcel 09-399-159, said parcel also being the property granted to GMHB, LLC by deed recorded in Record Book 1003, Page 166 in the Union County Register of Deeds; on the south by Airport road (SR 1349); and on the west by Hampton Meadows Subdivision recorded in the following plat files in the Union County Register of Deeds: 1) Plat Cabinet B, File 85B; 2) Plat Cabinet B, File 86B; 3) plat Cabinet B, File 87A; 4) Plat Cabinet B, File 86A; and Hampton Meadows Subdivision phase 2 in Plat Cabinet B, File 92A and containing approximately 41 Acres including what is in the right-of-way. Council Member Hargett seconded the motion, which passed unanimously with the following votes: AYES: Council Members Hargett, Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: B. Resolution to Purchase Property for Economic Development - Marv Murrill Oakes. et al. Council Member Keziah moved to adopted R-200l-21: 52 e e e e e RESOLUTION TO APPROPRIATE FUNDS AND TO PURCHASE FEE SIMPLE TITLE TO A TRACT OF LAND HUGH C. MURRILL R-2001-21 THAT WHEREAS, the City Council, pursuant to N.C.G.S. 158-7.1(c) has heretofore called for a public hearing for March 6, 2001, for the purpose of purchasing fee simple title to a tract of land located south of Goldmine Road and west of Airport Road pursuant to the terms of an Agreement For Purchase and Sale of Real Property; and, WHEREAS, the Council finds that the City Clerk caused notice of public hearing to be published in the Monroe Enquirer Journal as required by N.C.G.S. 158-7.1(c); and, WHEREAS, pursuant to said notice a public hearing was held on March 6,2001, at 6:30 P.M. That based on the testimony received at said public hearing and other information furnished to the City Council it is found as follows: 6. That in order to promote the health and welfare of the citizens of Monroe it is necessary and desirable to make budget appropriations for the purposes enumerated in N.C.G.S. 158-7.1(a) and (b). 7. That the said land hereinafter described is suitable for development as an industrial park or to be held for resale for industrial or commercial uses. 8. That the proximity of said land to the present city limits together with its accessibility to the municipal airport and major roads of the County insure the fact that any business located thereon would provide jobs to City residents. 9. That it is in the best interest of the City to acquire fee simple title to the said land hereinafter described at $14,000.00 per acre for the approximate total purchase price of $1,470,000.00, the exact amount of the purchase to be determined after a more accurate determination of acreage by survey. 10. That the land to be purchased is attached hereto as Exhibit "A" and incorporated herein by reference and contains approximately 105 acres more or less. NOW, THEREFORE, BE IT RESOLVED: 4. That the City Council hereby appropriates the funds necessary to acquire the aforementioned fee simple title, funding being transferred from the Electric Fund in the amount of $1,470,000.00. 5. That an amendment to the Electric Fund Budget for the Fiscal Year 2000-2001 be approved to appropriate Fund Balance to make the necessary transfer to fund the aforementioned purchase. 6. That the Mayor and City Clerk are authorized and directed to enter into a contract for the purchase of said property hereinabove described and to effect the acquisition of said tract of land in fee simple pursuant to the terms set out therein. 53 e e e e e Adopted this 6th day of March, 2001. Exhibit "A" Tax Parcel 09-399-159, the property of Hugh C. Murrill Heirs and GMHB, LLC: Being in North Carolina, Union County, Monroe Township and being all of that property shown on tax map 09-399-159 and being a portion of the property granted to Hugh C. Murrill by deed recorded in Record Book 748, Page 695 in the Union County Register of Deeds, said parcel also being a portion of the property granted to GMHB, LLC by deed recorded in Record Book 1003, Page 166 in the Union County Register of Deeds. The property is bounded: on the north by Goldmine Road (SR 1162); on the east by the properties of George A. Karagounis and wife Evangeila Z. Karagounis by deed recorded in Record Book 1053 Page 533 in the Union County Register of Deeds being tax parcel 09-402-002 and by deed recorded in Deed Book 432 Page 302 in the Union County register of Deeds being tax parcel 09-402-003; on the south by Airport Road (SR 1349); and on the west by property of Bowie Motors of Monroe, Inc. by deed recorded in Deed Book 478 Page 219 in the Union County Register of Deeds being tax parcel 09-402-001 and containing approximately 105 Acres including what is in the right-of-way. Council Member Hargett seconded the motion, which passed unanimously with the following votes: AYES: Council Members Hargett, Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: C. Project #01-130-00001 - Rezonin~ Request - R-20 (Low/Moderate Density Sin~le- Familv Residential) to B-l-SU (Nei2hborhood Business Special Use) - 16.551 Acres on Old Charlotte Hi~hway Between Carroll Street and Old Towne Drive. The public hearing was continued until March 20, 2001, therefore, no action was taken. D. Proposed Special Use Permit - Proiect #01-110-00003 - ReQuest to Add a 900 Square Foot Bookstore. a 2.100 SQuare Foot Storae:e Buildine:. and a 10.000 Square Foot Addition to the Existina: 10.000 SQuare Foot Church Buildin2 - 16.551 Acres on Old Charlotte Hie:hway Between Carroll Street and Old Towne Drive. The public hearing was continued until March 20, 2001, therefore, no action was taken. E. Proposed Ordinance - Text Amendment to Title V. Chapter 55: Solid Waste of the Citv of Monroe Code of Ordinances. Council Member Smith made a motion to adopt 0- 2001-08: 54 e e e e AN ORDINANCE TO AMEND TITLE V, CHAPTER 55: SOLID WASTE OF THE CITY OF MONROE CODE OF ORDINANCES 0-2001-0S Preamble Pursuant to authority conferred by Article 16 of Chapter 160A of the North Carolina General Statutes, as amended and for the purpose of promoting the health, safety, morals, or general welfare of the inhabitants of the City, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MONROE THAT TITLE V, CHAPTER 55: SOLID WASTE, OF THE CITY OF MONROE CODE OF ORDINANCES BE AMENDED AS FOLLOWS: TEXT AMENDMENT Section 1. AMEND Section 55.05(A)(4) as follows: (4) Bulk container services shall be required for all multi-family complexes containing four or more units provided, however, this requirement may be waived or modified by the City council upon a showing that the effected party would suffer undue hardship directly resulting from a strict enforcement thereof. Some of the factors which shall be considered by the City Council in providing relief pursuant to this subsection are as follows: 1. Whether complexes built before the enactment of this section have sufficient space to locate the number of bulk containers required to afford adequate service. 2. Whether the spaces available are so situated as to afford safe ingress and egress by the servicing vehicles. Section 2. This ordinance shall become effective upon the date of its adoption. Adopted this 6th day of March, 2001. Mayor Pro Tern Bazemore seconded the motion, which passed unanimously with the following votes: AYES: Council Members Hargett, Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: F. Ordinance to Amend Title I. Chapter 10: General Provisions - Addition of Rental Dwelline: and Dwelline Units Ordinance Enforcement. Council Member Kilgore made a e motion to adopt O~ 2001-09: 55 · e e e e AN ORDINANCE TO AMEND TITLE I, CHAPTER 10 OF THE CITY OF MONROE CODE OF ORDINANCES 0-2001-09 Preamble Pursuant to authority conferred by Article 16 of Chapter 160A and Section 160A-175 of the North Carolina General Statutes, as amended and for the purpose of promoting the health, safety, morals, or general welfare of the inhabitants of the City, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MONROE THAT TITLE I, CHAPTER 10: OF THE CITY OF MONROE CODE OF ORDINANCES BE AMENDED AS FOLLOWS: Text Amendment Section 1. Section 10.19 (G) is amended as follows: Add "Chapter 117 - Rental of Dwelling and Dwelling Units" immediately before "Chapter 150 - Building Regulations" and after "Chapter 110 - Business License". Section 2. This ordinance shall become effective on the date of its adoption. Adopted this 6th day of March, 2001. Council Member Hargett seconded the motion, which passed unanimously with the following votes: AYES: Council Members Hargett, Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: G. Conditional Use Permit - Proiect #01-100-00004 - Renovation and Addition to Union County Public Librarv - 316 E. Windsor St. - Tax ID#'s 09-231-194A. 216. 217. and 218. Council Member Smith moved BE IT ORDAINED that this Conditional Use Permit be approved in all respects: CONDITIONAL USE PERMIT Record Owner(s): Union County Property Location: 316 East Windsor Street Tax Map & Parcel # 09-231-194a. 216. 217. & 218 Acreage: 3.73 56 e e 1. 2. 3. 4. e e e Deed Reference:BOOK 833 . PAGE 614 275 . PAGE 242 680 . PAGE 549 687 . PAGE 098 18.000 square foot librarv expansion. modifications to existing building. and construction of new parkin!!: lots BOOK BOOK BOOK Type and Intensity of Use: library Meeting Date: March 6.2001 Approval Date: March 6.2001 SECTION 1. FINDINGS: Having heard all of the evidence and arguments presented at the hearing, the City Council, at its regular meeting, finds and determines that the application is complete, and subject to the conditions imposed below, the following findings are made: The use will not materially endanger the public health or safety if located where proposed and developed according to plan; and The use meets all required conditions and specifications; and The use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity; and The location and character of the use, if developed according to the plan as submitted and approved, will be in harmony with the area in which it is to be located and will be in general conformity with Monroe Land Development Plan; and 5. The height, bulk, and placement of buildings and accessory structures (including parking lots and loading areas) on the development site minimizes negative impacts on adjacent residentially zoned areas; and 6. The use as proposed will be compatible with the general characteristics of the area in which it is located. SECTION 2. CONDITIONS: Now, therefore, the application to make use of the above described property for the purpose indicated is hereby approved and granted, subject to all applicable provisions of Chapter 156 of the City of Monroe Code of Ordinances, Section 3 of this permit, and the following special condition(s) which the City Council finds to be in the public interest: 1. The development of the tract shall proceed in conformity to all plans and design features submitted as part of the conditional use permit application and kept on file by the City of Monroe Department of Planning and Development except that the City of Monroe Zoning Administrator may approve minor changes to such plans as required by field conditions as defined in Section 156.185 (D) (2); and 2. The petitioner shall comply with all zoning regulations specified in Section 156 of the City of Monroe Code of Ordinances before a Certificate of Occupancy can be obtained; and 3. The petitioner shall submit a "Hold Harmless Agreement" acceptable to the City of Monroe City Attorney prior to requesting the services of the City of Monroe Engineering Department for the installation of a new storm drain adjacent to the existing building; and 57 e e e e e 4. The petitioner shall obtain a driveway permit from the City of Monroe Engineering Department prior to driveway construction; and 5. The petitioner shall submit revised site plans to staff prior to recordation of the conditional use permit that clearly show all existing utility lines and exterior lighting fixtures, and which meet the landscaping requirements of Sections 156.052 and 156.060 of the Monroe Code of Ordinances. SECTION 3. VESTED RIGHTS. Approval of this permit confers upon the property the right to develop with the type and intensity of use as herein described and as shown on the approved site plan. Development of the property, however, shall be subject to any and all future amendments to Chapters 155 and 156 of the Monroe Code of Ordinances which do not effect type and intensity of use (e.g. landscaping, design standards, screening, etc) as herein approved. SECTION 4. SEVERABILITY AND RECORDATION. Invalidation of anyone or more of these conditions shall not adversely affect the balance of said conditions, which shall remain in full force and effect. This permit shall become null and void if not recorded in the office of the Register of Deeds, Union County, North Carolina, on or before May 8, 200 1. Council Member Kilgore seconded the motion, which passed unanimously with the following votes: AYES: Council Members Hargett, Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: H. Proiect #01-130-00004 - Rezonine Request - From R-10 (Moderate/Hieh Density Sinele-Family Residential) to B-3 (Hiehwav Business) - .424 acres on Corinth Church Road Approximately 200 feet From the Intersection of Lancaster Avenue (Hiehway 200) - Tax ID# 09-327-001A (Portion). Mayor Pro Tern moved BE IT ORDAINED that this property be rezoned from R-lO (Moderate/High Density Single-Family Residential) to B-3 (Highway Business). Council Member Kilgore seconded the motion, which passed unanimously with the following votes: AYES: Council Members Hargett, Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: I. Project #01-130-00005 - Rezonine Request - From B-3 (Hiehwav Business) to B-4 (General Business) - 806 Bundy Street (.513 acres) Approximately 300 Feet West of Morean Mill Road - Tax ID# 09-189-006. Council Member Kilgore moved BE IT ORDAINED that this property be rezoned from B-3 (Highway Business) to B-4 (General Business). Council Member Keziah seconded the motion, which passed unanimously with the following votes: AYES: Council Members Hargett, Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: 58 e e e e e Item No.6. Closed Session (Property Acquisition). Mayor Pro Tern Bazemore made a motion to move into Closed Session to discuss the property acquisition. Council Member Kilgore seconded the motion, which passed unanimously with the following votes: AYES: Council Members Hargett, Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: Upon return from Closed Session and there being no further business, Council Member Kilgore moved to adjourn. Council Member Smith seconded the motion, which passed unanimously with the following votes: AYES: Council Members Hargett, Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: The Regular City Council Meeting of March 6, 2001 adjourned at 8: 10 p.m. Attest: ~YJ1v~ eanne M. Deese, Ci y Clerk l:ßY{~~ ~ lHo~i1l1l'îtnJ Minutes scribed y L Bridgette Robinson, Administrative Assistant II 01-16-01 59