Loading...
09/04/2001 e e e e e CITY OF MONROE CITY COUNCIL MEETING 300 W. Crowell Street, Monroe, NC 28112 September 4, 2001 - 6:30 p.m. AGENDA 1. Special Presentations A. Presentation of the 2001 Economic Development Ambassador B. Presentation of Certificate of Achievement for Excellence in Financial Reporting C. Resolution To Honor Planning Director Carol Rhea D. Literacy Council Presentation CONSENT AGENDA 2. Minutes of Regular City Council Mecting of August 21,2001 Minutes of Parks and Recreation Commission Meeting of May 29,2001 Minutes of Airport Commission Meeting of June 4, 2001 Minutes of Economic Development Committee Meeting of July 5,2001 Minutes of Planning Board Meeting of August 8, 2001 (Draft) Minutes of Historic District Commission Meeting of July 9,2001 Minutes of Tree Board Meeting of July 16,2001 Minutes of Transportation Committee Meeting of July 12,2001 3. Summary of Contracts Awarded Pursuant to 0-2001-17 and Change Ordcrs Executed Pursuant to R-2000-76 4. North Carolina Natural Gas Right-of-Way Acquisition REGULAR AGENDA 5. Public Hearings A. Project # 01-130-00011 - Zoning Map Change Request - G-I (General Industrial) to B-3 (Highway Business) and B-5 (Medical Facility) - 402 S. Sutherland Ave. - Approximately 4.05 acres - on S.W. Comer of Roosevelt Blvd. and S. Sutherland Ave. - City of Monroe - Tax ID# 09-191-006 (Continued from the August 21, 2001 Meeting) B. Project # 01-100-00011 - Conditional Use Permit Request - Accessory Structure With a Home Occupation - 936 Secrest Hill Drive - .923 acres - James Marlow - Tax ID# 09- 216-014 C. Project # 01-100-00012 - Conditional Use Permit Request - Child Day Treatment Center - 410 John Street - 6,969 Square Feet - Agape Youth & Family (WiHiam Massey) - Tax ID# 09-228-136 D. Project # 02-120-00001 - Zoning Text Change Request - Section 156.056, Supplemental Infill Developmcnt Ordinance 1 e e e e 6. Action from Public Hearings A. Project # 01 ~ 130-00011 - Zoning Map Change Request - G-I (General Industrial) to B-3 (Highway Business) and B-5 (Medical Facility) - 402 S. Sutherland Ave. - Approximately 4.05 acres - on S.W. Comer of Roosevelt Blvd. and S. Sutherland Ave. - City of Monroe - Tax ID# 09-191-006 (Continued from the August 2], 2001 Meeting) B. Proposed Conditional Use Permit - Project # 01~100~OOOII - Accessory Structure With a Home Occupation - 936' Secrest Hill Drive - .923 acres - James Marlow - Tax ID# 09- 216-014 C. Proposed Conditional Use Permit - Project # 01-100-00012 - Child Day Treatment Center -·410 John Street - 6,969 Square Feet - Agape Youth & Family (William Massey) - Tax ID# 09w228-136 D. Ordinance - Project # 02-120-00001 - Section 156.056, Supplementallnfill Development Ordinance 7. An Ordinance to Amend the City of Monroe Standard Specifications and Detail Manual 8. Repeal of Moratorium - R-8 Residential District 9. Annual Congress of Cities - Appointment of Voting and Alternate Voting Delegates 10. Other Business A. Hayne Street Letter B. Carol Rhea Reception C. Announcement of New Director of Planning and Development . 09-04-0 I 2 e e e e e CITY OF MONROE CITY COUNCIL MEETING SEPTEMBER 4, 2001 - 6:30 p.m. MINUTES The City Council of the City of Monroe, North Carolina, met in Regular Session in the City Hal1 Council Chambers, 300 W. Crowell Street, Monroe, North Carolina, at 6:30 p.m. on September 4,2001, with Mayor Judy L. Davis presiding. Present: Mayor Judy L. Davis, Mayor Pro Tern P. E. Bazemore, Council Members Bil1y A. Jordan, Lynn Keziah, Bobby G. Kilgore, Robert J. Smith, City Manager S. Douglas Spel1, City Attorney John Milliken, and City Clerk Jeanne M. Deese. Absent: Council Member Phil Hargett. Visitors: Jim Loyd, B. N. Mul1is, Nancy Noles, Linda Moyer, Kelly Norton, Terry Jolmson, John and Jean Freeman, William Massey, James and Jatana Marlow, Troy Penny, Jose' Perez, April Burgess, La Vondra Edwards, Chris Platé, Charles Polk, Marty Stancill, Marsha Polk, David Fencl, Carol Rhea, Wayne Herron, Robert Downs, Margaret Downs, Vivian Price, Jane Beamer, Ron Fowler, and others. Mayor Davis cal1ed the Regular City Council Meeting of September 4, 2001 to order at 6:30 p.m. A quorum was present. Item No. 1. Special Presentations. A. Presentation of the 2001 Economic Development Ambassador. Chris Plate, Economic Development Director, introduced Charles Polk, Bakers Plant Manager for Allvac, as the 2001 Economic Development Ambassador. Mayor Davis presented Mr. Polk with a pin to designate the honor of serving as the 2001 Economic Development Ambassador for the City of Monroe. Council Member Kilgore moved to approve Proclamation P-2001-1O: PROCLAMA TJON OF THE MONROE CITY COUNCIL FOR THE 2001 ECONOMIC DEVELOPMENT AMBASSADOR P-200l-10 WHEREAS, industries in the City of Monroe are vital to our community's and state's economic health; and 3 WHEREAS, the City of Monroe's Economic Development Commission is actively recruiting new industry and facilitating existing industry expansions; and e WHEREAS, the existing industry leaders are essential in this economic development process and the improvement of our quality of life; and e e e e WHEREAS, each year an existing industry leader shall be selected as an Economic Development Ambassador to the City of Monroe. NOW, THEREFORE, I Judy L. Davis, Mayor of the City of Monroe do hereby proclaim that Mr. Charles Polk of Allvac is the "2001 ECONOMIC DEVELOPMENT AMBASSADOR" for the City of Monroe and call upon all citizens to salute our Ambassador for his many contributions to our community's economic development efforts. IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the official seal of the City of Monroe this the 41h day of September, 2001. Adopted this 41h day of September, 2001. Mayor Pro Tern Bazemore seconded the motion, which passed unanimously with the following votes: AYES: Council Members Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: Mr. Polk thanked Council for the honor of allowing him to serve as the 2001 Economic Development Ambassador and expressed his belief that MOlioe is a great place to work, live, and raise a family. B. Presentation of Certificate of Achievement for Excellence in Financial Reportin2. Mayor Davis presented Sonia Vizcaino, Finance and Administration Director, with the Certificate of Achievement for Excellence in Financial Reporting for the fiscal year ending June 30, 2000. Council Member Kilgore noted that Finance and Administration Director Vizcaino has received this award for eight consecutive years. c. Resolution To Honor Plannin2 Director Carol Rhea. Mayor Davis presented Carol Rhea, Planning Director, with a Resolution of Appreciation for her accomplishments while serving the City of MOlioe. Council Member Kilgore moved to approve Resolution R-2001-44: 4 e e e e e RESOLUTION OF APPRECIATION TO CAROL RHEA PHILLIPS R-2001-44 WHEREAS, Carol Rhea Phillips was hired by the City of Monroe on May 6, 1996 as Director of Planning and Development; and WHEREAS, Carol's responsibilities with the City of Monroe required a focus on both current planning, as well as on long range planning, coupled with responsibilities for Zoning Code Enforcement, Building Standards and Solid Waste; and WHEREAS, Carol oversaw several major projects for the City of Monroe including the Comprehensive Land Development Plan, development of guidelines for the Historic District Commission, the rewrite of the Nuisance Ordinance, Minimum Housing Ordinance, Noise Ordinance, Solid Waste Ordinance, and Animal Ordinance, and improved efficiencies in the pennitting process; and WHEREAS, Carol has been recognized as a professional in the field of planning as evidenced by her certification by the American Institute of Certified Planners (AICP); and WHEREAS, Carol has participated at various levels in professional organizations including the North Carolina Chapter of the American Planning Association, North Carolina League of Municipalities' Regulatory Advisory Committee, as well as an appointment to the North Carolina Watershed Protection Advisory Council. NOW, THEREFORE, BE IT RESOLVED, I, Judy L. Davis, Mayor of the City of Monroe, on behalf of the Monroe City Council and the citizens of Monroe, extend to Carol our sincere appreciation for her accomplishments while serving the City and our very best wishes as she relocates with her tàmily and focuses on private consulting opportunities. BE IT FURTHER RESOLVED THAT THIS RESOLUTION be entered upon the pennanent Minutes of the City Council. Read, approved, and adopted this 4th day of September, 2001. Mayor Pro Tern Bazemore seconded the motion, which passed unanimously with the following votes: AYES: Council Members Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: D. Literacy Council Presentation. Linda Moyer, Kelly Norton, and Nancy Noles, representatives from the Literacy Council, presented a slide presentation to introduce City Council to the work of the Literacy Council over the past 312 years. Ms. Noles infonned Council that the mission of the Literacy Council is to help adults become functionally literate through programs delivered by trained volunteers and to raise awareness of literacy issues. Ms. Noles further infonned Council of the effects of illiteracy on citizens of the community, the reasons literacy is important, the history of the Literacy Council, their fees, and contact infonnation. Ms. Noles concluded that their goal in presenting the slide presentation was to give Council names, addresses, and telephone numbers that can be shared with citizens of Monroe who need the literacy services or citizens who would like to volunteer with the Literacy Council. 5 e e e e e CONSENT AGENDA Mayor Davis reviewed the Consent Agenda and noted that there is a reVISIOn page for the addition of a highlighted sentence on the Minutes of the August 21, 2001 Regular City Council Meeting. Mayor Davis asked if any member of the Councilor the public would like to have any items moved from the Consent Agenda to the Regular Agenda for discussion. Written background infonnation 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 to approve the Minutes, which included approval of all items on the Consent Agenda. Item No.2. Minutes of the Reeular City Council Meetine of AU2ust 21, 2001. Council Member Kilgore moved to approve the Minutes of the Regular City Council Meeting of August 21,2001, with the revision included as requested by Council Member Jordan. Mayor Pro Tem Bazemore seconded the motion, which passed unanimously with the following votes: AYES: Council Members Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: Minutes of the Parks and Recreation Commission Meeting of May 29, 2001, Minutes of the Airport Commission Meeting of June 4, 2001, Minutes of the Economic Development Committee Meeting of July 5,2001, Minutes of the Planning Board Meeting of August 8, 2001 (Draft), Minutes of the Historic District Commission Meeting of July 9, 2001, Minutes of the Tree Board Meeting of July 16,2001, and Minutes of the Transportation Committee Meeting of July 12, 2001 were received as infonnation of Council. Item No.3. Summary of Contracts Awarded Pursuant to 0-2001-17 and Chanee Orders Executed Pursuant to R-2000-76. City Manager Spell infonned City Council by memorandum of the award of contracts pursuant to Ordinance 0-2001-17: Date Name Purpose Amount 8-17 -01 Patent Construction Purchase of 20K Shoring Equipment to Stabilize $8,809.24 Systems the Old Armory Building 8-17-01 Patent Construction To erect the 20K Shoring Equipment at the Old $1,200.00 Systems Armory Building 8-20-01 A vioimage Mapping Survey Contract for Water/Sewer System $29,630.00 Services, Inc. Improvements Following Areas: Secrest Shortcut Road to Fowler Road Rolling Hills to Foxhunt Fox Hunt to Hilton Meadows Savannah Way to Pebble Drive Loop Quarry Road Sewer Main Replacement Lick Branch Hwy 74 Sewer Main Replacement '" Approved by Department Director 6 e . e e e No Change Orders have been approved recently under authority of R-2000-76. Summary of contracts and change orders were received as infonnation of Council only and no action was required. Item No.4. North Carolina Natural Gas Rieht-of-Way Acquisition. Assistant City Manager Donham reported by memorandum that North Carolina Natural Gas is in the process of adding service to Union County residents that are not within thc City of Monroe's gas service area. NCNG requested four easements in order to install an 8-inch gas pipeline across City of Monroe property. The four locations consist of land at the City's elevatcd water tank on Charlotte Avenue; land at the existing Monroe Corporatc Ccntcr on Airport Road; and land recently purchased to expand the Monroe Corporate Center on Airport Road. NCNG is offering $12,500.00 to purchase these easements. Thesc easements have bcen reviewed by City staff, and NCNG has made changes to meet the needs of each City department impacted by the agreement. NCNG also requcstcd an encroachment agreement to cross the City's water line along Airport Road at the Squarc D facility. Staff recommended that Council approve the cascments and authorize City Manager Spell to execute the encroachment agreement. Council Membcr Kilgore moved to approve the easements. Mayor Pro Tern Bazemore seconded the motion, which passed unanimously with the following votes: AYES: Council Mcmbers Jordan, Keziah, Kilgorc, Smith, Mayor Pro Tem Bazemore, and Mayor Davis None NAYS: REGULAR AGENDA Item No.5. Public Hearines. Mayor Davis explained the procedures the Council follows in conducting public hearings and taking action thereon. A. Proiect # 01-130-00011 - Zonine Map Chanee Request - G-I (General Industrial) to B-3 (Hil!hway Business) and B-5 (Medical Facility) - 402 S. Sutherland Ave. - Approximately 4.05 acres - on S.W. Corner of Roosevelt Blvd. and S. Sutherland Ave. - City of Monroe - Tax ID# 09-191-006. Mayor Davis opened this duly advertised public hearing continued from the August 21, 2001 Mecting. Planning Services Managcr Hcrron utilized a map as a visual to illustrate the location of the parcel as Planning Director Rhea infonned Council that thc City is requesting to rezone 3.225 acres locatcd on the wcst side of S. Sutherland Ave. at E. Roosevelt Blvd. from G-I (General Industrial) to B-3 and B-5 (Highway Business and Medical Facility). The parcel has been divided into two lots and is located adjacent to B-3 zoning to thc east, B-5 and R -10 to the south, and G- I to the west. Planning Director Rhea noted that water and sewer are available, and the parcel is relevant to several Land Development Plan elements, which include being located in an area designated for general commercial development. Planning Director Rhea informed Council of the Land Development Plan objectives that are relevant to this case: (1) Encourage a variety of shopping opportunities within the city; (2) Promote managed growth; (3) Provide adequate land areas for growth of the medical community; and (4) Minimize the potential for incompatible uses within and adjacent to the medical facility district. 7 e e e e e Relevant strategies cited were: (1) Encourage the expansion of the medical facilities district in areas that would not negatively impact existing residential neighborhoods; and (2) Maintain zoning regulations that allow a mix of compatible and symbiotic uses within the medical facility district. Planning Director Rhea further stated that the City of Monroe wishes to rezone the property from G-I to B-3 and B-5. The existing G-l is not an appropriate district for this property at this time. An established R-I0 neighborhood is located to the south as well as the medical office park that is currently zoned B-5. A G-I use on this property could potentially allow a use that could bring issues of incompatibility. A G-I use is also not appropriate along the highway corridor in this location. The City is proposing to provide B-3 zoning along S. Sutherland Ave. to match the highway business zoning that currently exists on the property at the intersection of E. Roosevelt Blvd. and S. Sutherland Ave. The B-3 is proposed for approximately a 1.2-acre area fronting on S. Sutherland Ave. The B-5 is proposed for the remaining 2.025 acres that fronts on E. Roosevelt Blvd. and Curtis Street. The City is proposing the B-5 as a transition zone adjacent to the neighborhood and medical office park located to the south. The Planning Board and staff recommended that the rezoning be approved as requested. There being no other speakers, either for or against the proposal, Mayor Davis closed this public hearing. B. Proiect # 01-100-00011 - Conditional Use Permit Request - Accessorv Structure With a Home Occupation - 936 Secrest Hill Drive - .923 acres - James Marlow - Tax ID# 09-216- 014. Mayor Davis opened this duly advertised quasi.judicial public hearing and swore in the following individuals who planned to give testimony: Carol Rhea, David Fencl, Wayne Herron, James Marlow, Matthew Andrews, Marty Stancill, Jean Burgess Freeman, Terry Johnson, Terry Barnes, Jatana Marlow, and others. Planning Director Rhea informed Council that this is a Conditional Use Permit request to utilize an existing accessory structure in conjunction with a home occupation. The petitioner is James Marlow and the location is 936 Secrest Hill Drive which is located on a parcel that is approximately one acre. The current zoning classification is R-20 (Low/Moderate Density Single Family Residential). The petitioner's site is surrounded by single-family residential uses zoned R-20, and water and sewer are available. Planning Director Rhea stated that the Land Development Plan indicates that the property is located in an area designated for moderate density residential uses. The applicant obtained a zoning permit to operate an electrical contracting business as a home occupation in October of 2000. The applicant has an existing accessory structure located in the rear yard of the single-family home on the property. Section 156.055(J.) of the Monroe Code of Ordinances allows accessory structures to be used in conjunction with a home occupation upon the issuance of a Conditional Use Permit. The applicant is requesting a Conditional Use Permit to use the accessory structure with his electrical contracting home occupation. Planning Director Rhea noted that staff has received complaints regarding the home occupation, which were investigated and found to be in violation of the Zoning Ordinance. Mr. Marlow appealed this to the Board of Adjustment, who affirmed staff s decision that some of the uses of the property, including people reporting to work at the property, were in violation. The Board of Adjustment directed Mr. Marlow to come to Council to request a Conditional Use Permit to use 8 e e e e e the attached accessory structure for storage of materials related to his business. Planning Director Rhea advised that staff recommends that Council consider the following conditions if the Conditional Use Permit is approved: (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 oj Monroe Department of Planning and Development; and (2) The petitioner shall comply with all zoning regulations Jor home occupations as specified in Chapter 156 of the Monroe Code of Ordinances. Planning Director Rhea concluded that the Planning Board reviewed this and recommended Council approve this request with the staffs recommended conditions. Council Member Smith requested that Planning Director Rhea review the complaints that were received from neighbors that caused the Board of Adjustment to investigate. According to Planning Director Rhea, the reports were that there was some outside storage of materials and there were employees reporting to the house for work. The Ordinance allows for up to one person, unrelated and not living at the structure, to report there for work. Mr. Marlow has stated that he has eight (8) employees, some or all of whom have reported to work at his home. Mayor Davis requested a definition of "home occupation." Planning Director Rhea stated that there is a list of requirements for home occupations, and it was included in the packets received by Council. As far as any continuing violations, Planning Director Rhea stated that they have had some complaints but have not pursued enforcement pending Council's decision on the Conditional Use Permit. James Marlow spoke in favor of the Conditional Use Permit request. Mr. Marlow advised that he was told that he would need to answer some serious questions at the Council meeting. Mayor Davis stated that she would at one point ask these questions because there are certain things that need to be asked for the Conditional Use Permit. Mayor Davis asked Mr. Marlow if there was anything that he would like to say in favor of the Conditional Use Permit. Mr. Marlow stated that this was the third Board he had been before, and he had letters from adjoining neighbors and an adjoining church that have no problem with his home business. Mayor Davis stated her appreciation for the letters, but Council needed to satisfy that the rules of the City were being followed. Mr. Marlow reported, "I have a detached garage, and I have an attached garage. I can move material into the attached garage, and I am fine. I am asking to use the detached garage instead of using the attached garage so that my pregnant wife and two kids can use the attached garage to the house. Basically, that is what I came here for tonight." Mayor Davis noted that the question was home occupation. Mr. Marlow responded, "I filled out a Conditional Use Permit application to use the detached structure." Mayor Davis stated that it was for using an accessory structure in conjunction with a home occupation. Mr. Marlow stated that his home occupation was approved. Mayor Davis asked for clarification as to whether Mr. Marlow's home occupation had been approved. Mr. Marlow responded, "Yes, I have a home occupation permit. I've had that." Mayor Davis advised that if he already had the home occupation permit, then there was something she did not understand. Planning Director Rhea noted that Mr. Marlow did receive a permit to operate a customary home occupation in 2000, but has since been found to be in violation. Mayor Davis thus clarified the 9 e e e e e misunderstanding by stating, "a customary home occupation only allows one person, in addition to you or your family, to operate." Mr. Marlow asked, "Am I here to discuss that or the detached structure?" Mr. Marlow further stated, "To me, with these people and the other two Boards I've been before, that has already been approved. They told me I was coming here today to use the detached structure versus the attached structure." Mayor Davis stated that there was a misunderstanding because Mr. Marlow's Conditional Use Pennit is for the use of an accessory structure, which is Mr. Marlow's garage, in conjunction with a home occupation. Mayor Davis advised that you must first have a home occupation that is in compliance with the rules and regulations of the City of Monroe. Mr. Marlow responded, "I've been in noncompliance since day one, and they knew that. When I filled out the application, I told them myself." Mayor Davis noted that it was her understanding that he had eight employees. Mr. Marlow replied, "But they don't all report to my work. That is counting the babysitter and my wi fe who stays at home. Three of those people never even come to my house. They report to another location. Here is what I filled out. When I signed that paper, I circled those two and told them I was in violation. They issued the pennit knowing that I was in violation. I had a $1,000 Stallings Salvage building behind my house that I replaced. I have pictures of a nice garage. I have an appraisal, and it has upgraded the value of the property. I replaced a junky bui1ding with a nice building." Mr. Marlow further elaborated, "I told them I was in violation. The people do not report to my house to report to work. That was the problem I had with them. It's home occupation, but basically home occupation is because I do my billing and the checks there- everything is addressed to my house with Marlow Electric." Mayor Davis inquired about the people parking in his driveway. Mr. Marlow responded, "They park at another residence that is not in the neighborhood." Mayor Davis inquired whether they park in the back of Mr. Marlow's house in Ms. Sadie Helms' yard. Mr. Marlow stated, "Yes, so obviously you are aware of this." Mayor Davis advised that she was attempting to get Mr. Marlow to help her better understand the situation. Mr. Marlow stated, "That was approved by Frank Neal with the Department here. First, I had them parking at Covenant Baptist Church, where he told me to park them. When I told them I was in violation, he said, 'Here, we'll work with you to get around the violations. Number one, let these guys park at that church and walk to your house.' I received pennission from the neighbor living across the street so they could walk through his yard. We did that. Then, I told him that Ms. Sadie lives closer, and when it's raining, they don't have to walk through the rain as far." Mayor Davis noted that Ms. Sadie Helms would then be in noncompliance. Mr. Marlow responded, "She does not have a home occupation. She's 87 years old and has been living there all her life. If it weren't for her, none of us would be there. She sold the property to build the houses, and she does not have a problem with it. Nowhere does it say that she can't have three or four people come to her house every morning for tea, coffee, or whatever." Mayor Davis reiterated the issue of having eight employees reporting to Mr. Marlow's residence. Mr. Marlow responded, "No, we do not have eight employees coming to my house. We have three people coming to my house, getting in vans and going." Mayor Davis advised that, according to the City's regulations for customary home occupations, the rules say "residents of the dwelling plus a maximum of one non-resident may be engaged in a home occupation." Mayor Davis reported that this is a problem that needs to be addressed. Mr. Marlow stated, "If 10 · · e · . they had told me that yesterday, I would have prepared for that. I was prepared to discuss the detached structure." Mayor Davis advised that the other issue that would need to be addressed was the asking of questions required for the Conditional Use Pennit, which Mr. Marlow had been given prior to the hearing. Mr. Marlow stated, "I just got them. I've received nothing except for a sign in my front yard telling me to be here." Mayor Davis advised that it would be helpful for Mr. Marlow to read along as she read them. Mayor Davis stated that Mr. Marlow's responses to the questions would be his opinion. Mayor Davis further advised that these questions were the same type of questions asked to anyone who is applying for a Conditional Use Pennit, and these answers are required for the record. 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? Mr. Marlow: No it won't. Mayor Davis: Is it your opinion that this conditional use, meets aU required conditions and specifications? Mr. Marlow: What conditions? If you are talking about the ones we just talked about before, then do you want me to lie or you want me to tell the truth? Mayor Davis: No, I think you best answer the questions truthfully since you swore on the Bible. Mr. Marlow: I don't like doing that either. Mayor Davis: Is it your opinion that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity? Mr. Marlow: It will not, and I have an appraisal to show that. 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 confonnity with the Monroe Land Development Plan? Mr. Marlow: Yes. Mayor Davis: Is it your opinion that the relationship to and impacts upon adjoining and nearby properties and the adequacy of proposed measures to minimize any adverse impacts are sufficient? Mr. Marlow: Yes. Mayor Davis: Is it your opinion that the neighborhood character is reasonably safeguarded? Mr. Marlow: Yes, it has gone tremendously up in value. Mayor Davis advised that the questions needed to be answered for the record, and that is why they are entered into the record to show that Mr. Marlow has given his truthful answers to the questions. Mr. Marlow requested to give Council a brief history of the situation. Mayor Davis stated that it was a public hearing, and Mr. Marlow had every right to speak in favor. Mr. Marlow responded, "When I went to use the building, what they told me is either put the stuff in the detached or attached garage. Basically, I bought the property as the first person in the 11 . e e e . neighborhood. When I bought the property, I was in the County. I applied for all the permits, zoning, hired an attorney to do all that, got everything I needed to start Marlow Electric in 1996. I've been working out of my house since day one. I've had multiple neighbors, 13 lots have been developed in the neighborhood and never had anyone complain. I just want to make sure you all see this because this is the copy of the only complaint ever filed, and it's a lie and I can prove that. Number one, the complaint says late night deliveries. I do not work for a supplier that works past 5:00 p.m. Everyone I deal with closes at 5:00. There has never been a late night delivery to my house. That's how the complaint was filed, and that's when Frank Neal came out. I explained to him what was going on. He said, 'You've been annexed into the City now and we've got to investigate.' I went through the process and filled out the paperwork. When I filled out the paperwork, I said, 'Frank, I'm in violation of these two. I've had two employees since the day I started.' He explained to me that there are ways around it. I went through with him that I was in the County, and he said, 'We can grandfather you,' which is not the correct term. It was actually issue you a permit. Went through all that, filled out the paperwork, dealt with David, dealt with Wayne. Next thing I know, they called me back and said, 'We got an ETJ thing.' Never heard of it. No one ever explained to me that when you were in ETJ, you have to follow the City's rules from day one, and I explained that to them. So they said, 'Now you have to go through this process of going before all these Board members and explaining your case to get this Conditional Use Permit." Mr. Marlow reported, "When I started out, I had a little small building that I stored materials in. I didn't like it. It was ugly, and it didn't match anything in my neighborhood. There's about eight of them in the neighborhood. It does not match anyone's residence, and I built a nice vinyl building. I got pictures ofthat, and we've been before the Planning Board. 1 don't know all of the Board names, but as far as I know, everybody else and the last one approved it to corne here to be able to use the house. When Frank said he couldn't give me a permit to grandfather me, that's when he said, 'Move the vehicles across the street to the church.' I said, 'Okay, I can do that.' So the guys were parking at a church across the street, got permission from the church, and they were okay with that. Basically, it is three guys that corne to the house, and I have two vans that are parked at my house. We get in the vans and we go to work. We don't work at my house. Their time starts when we get to the job site. That's where the argument has been over the reporting to work, basically, if you report to work, that is where your time starts, that is where you're paid. We're electrical contractors, and we work in the field. We don't work at my house. There's no one at my house all day long except for my wife and two kids. So I moved the vehicles over there at the same time the neighbors built an ugly privacy fence blocking everything on my side. You can't even get in and out of the garage with my truck. So I parked the vehicles back over there because, according to the neighbors, that was a noise barrier. They didn't have a problem with everything. They filed another complaint about the people parking in the parking lots. So Prank came back out and said, 'You need to move them back over to the church because you are in violation.' I said they didn't have a problem with it, and you told me that if they didn't complain. I said it was raining, and that is why they were parking over here. So that's when Ms. Sadie Helms volunteered to let them park in her driveway. They've been parking there. There has not been a complaint filed. If there has, no one has ever spoken to me about a complaint." 12 e e e . e Mr. Marlow further stated, "I have another van that actually works from my father's house, and I have a brother that reports to work there. So those guys don't come to my house. That's two of the employees that don't come to my house. The other one is a babysitter that baby sits for my brother's kids at his house, doesn't come to my house." Mr. Marlow reported, "The Planning and Zoning Department has told me that if I get a Conditional Use Permit, I can use the building, then everything is fine. If you don't give the Conditional Use Permit to use the detached garage, basically, I've got to move all my materials back into my attached garage and work out of my attached garage and park my personal vehicle in the detached garage. J can work around the number of people because that is what they have worked with me on that, supposedly. That is why, when you asked me that question, my wife talked to Wayne today, and basically, we were told that was not even an issue. That's why at the last meeting it came up, and those guys approved it because I explained it to them the same way." Mayor Davis requested to know what Board meeting Mr. Marlow was referencing. Planning Director Rhea stated that the first one was the Board of Adjustment, and they did find him to be in violation and found in favor of staffs recommendation. Then it was suggested he go through the Conditional Use Permit process because of the accessory structure and asked staff to work with him on that. Planning Director Rhea noted that staff has worked with him and went to the Planning Board. Mayor Davis noted that she was having difficulty understanding the situation, because Council was looking at a Conditional Use before it was established whether Mr. Marlow has a conforming home occupation. Council Member Keziah asked staff if what Mr. Marlow had stated was correct or incorrect; since Mr. Marlow had made several comments regarding what some staff members had said. Planning Services Manager Herron responded that there have been numerous discussions regarding the number of employees, and he had discussed with Mr. and Ms. Marlow that staff was not trying to help them get around the Ordinance, but it was explained to them that the home occupation guidelines stated that you cannot have more than your family and one employee reporting to the residence. If they are reporting elsewhere, then staff can address it in different means and manners. The home would be in compliance if the employees were not reporting to the home. Planning Service Manager Herron advised that the goal is to keep the residential character of the residence in having a home occupation, but it needs to be legal wherever they are reporting. What has been described to staff is that they were reporting to job sites, or to Mr. Marlow's father's house or Ms. Marlow's father's house, who lives in Hemby Bridge. Staff understands Mr. Marlow is building a building in Hemby Bridge where he will store materials and have his vans and employees report. Ms. Marlow told Planning Services Manager Herron that footers are already completed for that structure where employees will be reporting. Planning Services Manager Herron reiterated that staff has been explaining what the Ordinance states and what the Marlows need to do. Planning Director Rhea advised that Mr. Marlow has misunderstood that reporting to work doesn't mean only parking the vehicle at his property. It does not matter where they are parking their vehicles. If they are walking to his property or taking a van to his property, and they are all coming there to leave from there, then they are reporting to his property for work. 13 . e e e . Mr. Marlow responded, "That's not what Frank Neal told me. Frank Neal is not here, and that is who I've dealt with. I've only had one conversation with Carol Rhea, and he's the one who told me to park them there. I can get the pastor to call and tell you. He told me that I could pick them up at K-Mart and bring anybody I wanted to my property. If they report to work at K-Mart and get in the van and drive to my property, there is no Ordinance, no rules in the guidelines. My suggestion is that we need to change these guidelines because they are biased to construction workers. I can go around this whole city and show you numerous construction workers that are reporting to people's residences. Just like you all have approved other people to use Conditional Use Permits for heating and air. I asked for a list, and they did not provide that of all the Conditional Use Permits that have been approved in a similar situation." Mayor Davis asked ifhis referenced list was for people working out of their homes. Mr. Marlow responded, "Yes, for construction workers." Mayor Davis noted that she was not aware of any. Mr. Marlow stated, "I know they have approved some, because there was a heating and air guy that was the latest to be approved." Mayor Davis requested Mr. Marlow to get her the name, as she was not aware of anyone who received a permit ofthat nature. Planning Director Rhea responded that she did not know of any Conditional Use Permits issued by Council for accessory uses of a customary home occupation within the past few years. Mr. Marlow stated, "I'm going off what they told me. I asked them for a list just to have a reference. If not, I can get you several names that have them, maybe they are doing it illegally, but they told me they had them." Mayor Davis requested Mr. Marlow to get the names for Council. Mr. Marlow stated, "They were working with me because I was in the County, and that was my number one argument all along. When I bought the house, I asked all these questions up front. No one ever mentioned ETJ to me from day one. The guy I bought the house from, I took on his electrical work at the same time, and no one ever told me this. I hired an attorney to get all the documentation to fill out, and he said that all you have to deal with is the County. Then, because of lies of late night deliveries, which have never happened, that is what started this whole process. All I'm asking for is to use the detached. I'll build a breezeway, and I'll make it attached." Mayor Davis advised that this was not the issue in the case. Mr. Marlow continued by saying, "I'm here asking to use the building. They told me that because I am in the process- eventually I will move the business-I'm not planning on growing the business [rom my house. But, as a person who started a small construction business, I work from my house and I do my billing from my house. I built the garage to store a little of my materials so that I can be more efficient and make more money." Mr. Matthew Andrews spoke in favor of the Conditional Use Permit request. Mr. Andrews stated that he was the person directly across the street from "Scooter" (Mr. Marlow), and that Mr. Marlow has had the business there the entire time. Mr. Andrews noted that, based on the preceding discussion, the main issue involved was more than one person reporting to work at Mr. Marlow's residence. Mr. Andrews added that Mr. Marlow has been attempting to accomplish this in a number of ways, and Mr. Marlow could probably do it by having someone park at his residence and driving to pick up another person at the church, which would make Mr. Marlow in compliance. However, Mr. Marlow does not desire to involve multiple persons in the neighborhood and risk injury to other people due to the excessive movement. Mr. Andrews 14 · · e · . concluded that Mr. Marlow is simply trying to get his business in compliance until he can move his business to a better location. Mr. Marty Stancill spoke in opposition to the Conditional Use Pennit request. Mr. Stanci11 advised that there are l3 homes in the neighborhood, and he is opposed to having a business in the neighborhood due to a concern for safe play for children and a desire to maintain a residential atmosphere. Mr. Stanci11 distributed photographs to Council pertaining to Mr. Marlow's buildings. Mr. Marlow requested to view the photographs, and Mr. Stancill agreed. Mr. Marlow stated that he could have anything on the property, and that he was present at the Council meeting regarding the issue of detached versus attached structure. Ms. Jean Burgess Freeman spoke in opposition and requested to clarify some statements that had been made previously. Ms. Freeman inquired as to whether the neighborhood residents who were willing to allow Mr. Marlow's employees to park in their driveways would have to get home occupation licenses. Ms. Freeman further asked if large trucks would be allowed to continue making deliveries on this one-street, quiet neighborhood. Ms. Freeman cited further issues regarding increased difficulty in entering the neighborhood, as Mr. Marlow lives at the entrance, and difficulty for school buses entering the neighborhood. Ms. Burgess reported contradictory statements made by Mr. Marlow regarding whether the babysitter and a secretary report to his residence, and the start date for his business. Ms. Burgess inquired whether Mr. Marlow needed a home occupation license before he could get a pennit for the accessory structure. Mayor Davis stated that this was her understanding, and this issue needed to be dealt with in greater detail. Mr. Terry Jolmson, of906 Secrest Hill Drive, spoke in opposition. Mr. Johnson advised that his opposition pertained to the potential for a decline in real estate value and the issue regarding children's safety. Mr. Jolmson noted that one of the main reasons his family moved into the neighborhood was due to the rules and guidelines, one of which was no businesses were to be established. All structures were supposed to be 80 percent brick, including houses, garages, and accessory sheds placed in the yards. Council Member Keziah asked ifthere were deed restrictions for the neighborhood. Mr. Jolmson responded that initially these were included on the list. Council Member Keziah further inquired if an attorney had drawn up a set of deed restrictions for the neighborhood. Mr. Johnson replied that they were supposed to have been filed at the Courthouse. Council Member Keziah requested a copy and Mr. Johnson stated that he had a copy at his residence. Mr. Terry Barnes spoke in opposition. Mr. Barnes noted that he was also one of the first residents to move into the neighborhood and was given a list of the restrictions concerning additional buildings. Mr. Barnes reported that this problem has escalated after Mr. Marlow began building his large vinyl garage, and has resulted in an unsightly privacy fence being built by the neighbors. Mr. Barnes' primary concern was whén the building of accessory structures that are eyesores was going to stop. 15 Mr. Marlow responded by stating that the business was already there when all the speakers in opposition bought their houses. In addition, Mr. Marlow reported that the guidelines stated that e 80 percent of one's dwelling must be brick, and a detached garage was not part of a dwelling. Mr. Marlow made a statement not pertinent to the issue involved in the hearing. In response, Council Member Keziah advised that Mr. Marlow needed to adhere to the facts only and continued personal attacks on his neighbors would result in his dismissal by Council. e e e e Council Member Smith asked Mr. Marlow why any of his employees needed to report to work at his residence. Mr. Marlow responded that it would be an inconvenience for them to report to work at another location, and he had two vans and could not drive both of them. Council Member Smith advised that if Mr. Marlow's desire was to operate his business in compliance, then he should handle the situation where the employees did not have to come to his residence. This would lead to the neighbors' complaints being invalid since there would be nobody but family at Mr. Marlow's residence. Mr. Marlow noted that the neighbors' complaints pertained to his obnoxious, vinyl structure. Mr. Marlow asked if he picked up his employees at K~Mart and then brought them back to his house, would that be in compliance with the Ordinance? Council Member Smith advised that he would be in violation, since the Ordinance says he can only have one other person reporting to a residence for work. Mr. Marlow replied, "They are not reporting to my house to work. They are corning to my house to go to work. They do not work at my house. " Council Member Smith asked Mr. Marlow what his schedule was for moving to a piece of property where these problems did not exist. Mr. Marlow responded, "I would have probably done it a lot quicker until today. When you have to deal with this and get attacked. I have got the footings dug and could have already built the building. Why should I be forced to move when I was there first and in compliance with everything?" Mr. Marlow informed Council that he could move the materials into his attached garage if Council instructs him. Mayor Davis advised that the garage was not the issue at this time, but rather it was the home occupation. Mr. Marlow responded, "Do I need to hire an attorney and come back before you with that information?" Mayor Davis further advised that the home occupation was the core of this issue, and where one works out of is prefaced by having a legal home occupation. Mayor Davis requested to entertain a motion that this hearing be continued until there can be further discussions with staff to insure everyone understands the relevant facts of this case. Council Member Keziah moved to continue the public hearing until September 18, 2001 at 6:30 p.m. Mayor Pro Tern Bazemore seconded the motion. City Attorney Milliken requested Mr. Marlow read a motion made at the meeting with the Board of Adjustment. Mr. Marlow read the motion, and cited that he could not remember if that was the exact motion. City Attorney Milliken explained the motion by stating that the Board of Adjustment found Mr. Marlow to be in violation of the home occupancy provisions of the City's Code. City Attorney Milliken advised that one cannot have an accessory use to an unlawful 16 · · e e · primary use. Mr. Marlow responded that he had appealed Frank Neal's decision and told them he was in violation when he signed it. Mr. Marlow still received the permit despite his admission of being in violation. Planning Director Rhea advised Council that Mr. Neal addressed the allegations before the Board of Adjustment to their satisfaction. Secondly, Planning Director Rhea noted that there had been a misunderstanding between Mr. Marlow and staff over what constitutes reporting to work. In addition, when Mr. Marlow came to pick up his permit, he was told at that time that he would be required to meet all of the conditions, even the ones he circled, or he would be found in violation. Planning Director Rhea advised that the Ordinance and the list signed by Mr. Marlow stipulates that no accessory buildings or outside storage shall be used in connection with home occupation, unless the Council issues a Conditional Use Perrnit allowing that. If Mr. Marlow places his materials back outside, he would again be in violation of this particular stipulation. Furthermore, Planning Director Rhea reported that it has not been deterrnined whether a structure connected to a primary structure just by a breezeway makes it part of the principal structure. It would still be considered an accessory structure, but staff would consult with the City's Building Inspectors to insure the zoning restrictions are being followed. Council Member Smith requested a copy of the deed restrictions. Mr. Stancill asked, "How long do you have to be in violation?" Mr. Stancill continued by stating that Mr. Marlow has known about this since day one, and the issue has been before several different Boards. Mr. Stancill reported that City staff has continually inforrned Mr. Marlow that he is in violation, but inquired about the length of time Mr. Marlow can be allowed to remain in violation pending the hearing processes. Ms. Jatana Marlow spoke in favor. Ms. Marlow clarified that they live in a smalI, quiet neighborhood with one street. In addition, the Marlows do not have large trucks entering the neighborhood, nor do they have large trucks parked on the street blocking school buses or other transportation. Ms. Marlow noted that the neighborhood is not an unsafe environment for children, and their purpose is not to degrade the neighborhood by putting up eyesores. Council Member Keziah restated his motion to continue this public hearing until September 18, 2001 at 6:30 p.m. Mayor Pro Tern Bazemore seconded the motion. Council Member Smith requested to have the covenants by September 18, 2001. Mayor Davis responded that it would give staff an opportunity to address any of the comments and allegations Mr. Marlow made during the public hearing. Council Member Jordan asked City Attorney Milliken if Council was in charge of regulating deed restrictions. Council Member Smith noted that deed restrictions are superior to what a City's Code of Ordinances contain. The issue of whether Council could enforce deed restrictions was discussed. City Attorney Milliken advised that any deed restrictions that are in violation of the City Code would not be valid. 17 e . e e e Council Member Jordan noted that Mr. Marlow and the neighbors need to understand that enforcement of deed restrictions is not the responsibility of Council. Council Member Smith reported that enforcement of covenants or deed restrictions in subdivisions is the responsibility ofthe resident(s) involved. City Manager Spell commented that he would supply Mr. Marlow with another copy of the regulations regarding customary home occupation, as Mr. Marlow indicated that he had not received them. City Manager Spell advised that a copy had been faxed to Mr. Marlow on March 5, 2001. Mayor Davis reiterated the motion by Council Member Keziah that this public hearing be continued until September IS, 2001 at 6:30 p.m. Mayor Pro Tern Bazemore seconded the motion, which passed unanimously with the following votes: AYES: Council Members Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: After a number of citizens left, Mr. Marlow requested that the public hearing be continued until October 2, 2001 due to a conflict. Mayor Davis was concerned that some citizens had already left and would not be aware of the change in date. Council Member Keziah moved to continue the public hearing until October 2, 2001, with the understanding that all 13 residents of the neighborhood would get a letter and phone call from the City informing them of the date change. Mayor Pro Tern Bazemore seconded the motion, which passed unanimously with the following votes: AYES: Council Members Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: C. Proiect # 01-100-00012 - Conditional Use Permit Reauest - Child Dav Treatment Center - 410 John Street - 6.969 Sauare Feet - A!!ape Youth & Familv (William Massev)- Tax ID# 09-228-136. Mayor Davis opened this duly advertised quasi-judicial public hearing and swore in the following individuals who planned to give testimony: William Massey, David Fencl, Wayne Herron, Carol Rhea, Katrina Simmons, John Brown, and Ms. Brown. Planning Director Rhea advised that this was a Conditional Use Permit request for a child day treatment facility. The petitioner is Agape Youth and Family, represented by William Massey. The location of the property is 410 John Street and is located in the Winchester neighborhood, which is zoned R-S (High Density Single-Family Residential). A single-family residence is adjacent to the petitioner's property to the south and single-family residences are also located directly across both Brown and John Streets to the north and west. Friendship Missionary Baptist Church has several structures and a large parking lot located directly east of the petitioner's site. Water and sewer are available. The petitioner's property is located in an area designated for urban residential uses. Land Development Plan strategies relevant to this case include: (1) IS e e e . e Require all institutional uses in residential areas to be designed to minimize adverse impacts on adjacent residential properties; and (2) Prohibit the encroachment of incompatible, non- residential uses in established neighborhoods. The petitioner wishes to operate a child day treatment facility for ten children from this location. The petitioner has also stated that up to three employees may work at the facility. Child day treatment facilities are defined as facilities for children and adolescents who are emotionally disturbed. Child day treatment facilities coordinate educational activities and intensive treatment to allow individuals to live at home or in the community. The facilities are designed to provide services that allow the child or adolescent to relate to others and function appropriately within the community while serving as an intervention to prevent hospitalization or placement outside the home or community. The facilities provide a therapeutic environment as well as other activities that may include individual therapy, group therapy, recreational therapy, language communication skills development, pre- vocational service, vocational training, service to parents, and individual advocacy. Child day treatment facilities are regulated by the State of North Carolina's Division of Facility Services. Planning Director Rhea further stated that the City of Monroe Zoning Ordinance has no zoning districts where child day treatment facilities are specifically permitted. Reviewing information supplied by the Division of Facility Services, staff determined that child day treatment facilities were similar to child day care centers, which are conditional uses in all residential zoning districts. Therefore, staff informed Mr. Massey that they would need to pursue a Conditional Use Permit in order to use the facility for a child day treatment facility. Planning Director Rhea advised that the petitioner's building previously was used as a residence prior to being severely damaged by fire and neglect. The City Council ordered the structure demolished. The applicant purchased the property and substantially renovated the structure to use as the Word of God Mission Church activity center. The petitioner is seeking a Conditional Use Permit to also be able to use the structure as a child day treatment facility. Planning Services Manager Herron located reference points on a map as Planning Director Rhea informed Council that the petitioner has constructed a large parking lot to the rear of the structure adjacent to Friendship Missionary Baptist Church's parking lot and has built a six-foot high wood screening fence to separate the use from the adjacent residence. The petitioner has also indicated a 410 square-foot fenced, outdoor play area will be located to the side and rear of the structure. Several nonconformances exist on the petitioner's property. One nonconformance is that the structure is located approximately 14.4 feet within the required 20-foot side yard setback adjacent to Brown Street, and 22.7 feet within the required 30-foot front yard setback. Planning Director Rhea stated that staff s primary concern is whether or not this use is compatible with the surrounding neighborhood. There are already several institutional uses in the immediate area surrounding the petitioner's property, including a large church parking lot, that have altered the residential character of the neighborhood, and John Street in particular. Other concerns of staff include ensuring the hours of the facility do not disrupt the neighborhood, and that the facility does not become a residential treatment facility that houses individuals overnight. Planning Director Rhea advised that staffs recommendation was that if the City Council chooses to approve this request, they consider the following conditions: (1) The development of the tract 19 e e e e . 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 facility shall not be operated between the hours of 9:00 p.m. and 7:00 a.m.; and (4) The petitioner shall provide the City of Monroe Department of Planning and Development with a copy of the license issued by the State of North Carolina Division of Facility Services prior to issuance of their Certificate of Occupancy. Planning Director Rhea noted that the required appraisal report included in Council packets does mention day care centers in its comparison as opposed to child day treatment facilities. Council Member Keziah requestcd definition of a child day trcatment facility. William Massey, Director of Agape Services, responded that a child day treatment center is a facility that takes in kids, and it would be like an asset to the school system. It would be for kids who could not attend public school due to behavior, or for kids who need preparation for school. The child day treatment facility would serve kids educationally and mentally, by providing counseling services to them that would not be available to them in the Union County School system due to a lack of spaces for at-risk, low income children who have difficulty with school. Council Member Keziah inquired about the high number of senior citizens that reside in the proposed location. Mr. Massey responded that he knew of only one, Ms. Brown, who lives across the street. Mr. Massey advised that he has discussed the situation with all the residents surrounding the location, and they do not have a problem with the child day treatment facility. Mr. Massey further stated that his church is located down the street, and the center at the church is currently being used to bring youth out of their communities at night. Currently, approximately 35-40 youth corne to the church on Friday nights. Council Member Keziah further inquired as to whether these were troubled kids. Mr. Massey stated that they were every type of kid. Mr. Massey reported that their goal is to locate people who are not in church and on the street and teach them a better way of life and impact the community. Council Member Keziah asked if the facility would be licensed through the state. Mr. Massey responded that it would. Mayor Pro Tern Bazemore inquired if Mr. Massey had to have the facility open from 7:00 a.m. to 9:00 p.m. Since the facility was adjacent to a church, there may be a traffic problem due to church services adjourning. Mayor Pro Tern Bazemore further advised that it is important to know the number of students per employee that is anticipated. Mr. Massey responded, "The maximum amount of children is ten. The amount of employees we are going to have is three." Mayor Pro Tern Bazemore requested to know the number of employees who were going to be at the facility if ten children were there. Mr. Massey replied that there would be three employees whether there were ten children or five children. Mr. Massey noted that employees would report for work at approximately 8:00 a.m. and the school would be from 8:00 a.m. - 2:30 p.m. The proposal also includes an after school program. Mr. Massey stated, "We have linked with Social Services of Union County and Union County Public Schools to be able to tutor kids in the 20 e e e e . afternoon up to 6:30 p.m." Mr. Massey stressed that there is a need for this service in the community, and he has received support from local churches. Mayor Pro Tern Bazemore stated that he has strong reservations regarding disturbed children being located so close to senior citizens and a church if the facility remains open until 9:00 p.m. Mr. Massey reiterated that the facility would not be operating as a business at 9:00 p.m., and the staff and children would be out of the facility by 7:00 p.m. Mayor Pro Tern Bazemore advised that the permit request needs to be changed to reflect the stated 7:00 p.m. closing time. Mr. Massey replied, "We don't have anything in the community, and our children are going to pits and nobody wants to serve them. I understand the concern about the senior citizens in the community. I agree with that. We have to be able to teach our children how to govern themselves around senior citizens, even to the point where our kids will clean up yards or do whatever they have to do. Somebody has to serve our children." Mayor Pro Tern Bazemore responded that Council's concern pertains to the fact that Mr. Massey is referring to "nobody" wants to serve the kids. Mayor Pro Tern Bazemore advised that the City of Monroe is the first municipality in North Carolina to put forth effort to get children ready to attend kindergarten. This Council voted to help fund and partnership with others to educate and train 4-year-olds. Mr. Massey replied that he currently owns three other child day treatment facilities within the City limits, and they have success. Mr. Massey further stated that there is a greater number of at-risk children than people realize. Council Member Keziah expressed a concern regarding the background of kids attending the facility. Mr. Massey responded, "You may have a kid who was kicked out of the City school system because he would not behave. OUf goal is to be able to get them on target and place them back in school. When we say emotionally handicapped kids, kids can become that by abuse. I had a 9-year-old boy being whipped with belts and chains. We take those kids in and nourish them to get them ready to go back into the community, foster care, or whatever they do. That is our whole goal-to impact the children." Mr. Massey stated that the Planning Board had asked him a question regarding the procedure if a major incident occurs. Mr. Massey stated he would call the police. In addition, his staff is all certified, and Mr. Massey noted that he is a certified teacher of prevention and management of aggressive behavior, trained in First-Aid and CPR, and trained in every area of working with children at risk. City Attorney Milliken inquired if there was an age limit for the youth attending the facility. Mr. Massey responded that the biggest need is for children between the ages of 12 and 14. Mr. Massey stated that a lot has been invested in the building. When they bought the building, it was burned and was an eyesore to the community. They have spent over $100,000 to renovate and restructure the building, which is commercially graded and up to par. Council Member Jordan requested clarification as to why they would go to the expense of restoring the building before they initiated the process of a Conditional Use Permit. Mr. Massey responded, "We needed it for our ministry. Our church is 1 OOO·square foot, and we needed the space. We have over 50 children on Sunday mornings at our church. We bought it for an educational and use center for the children, and that was on our plans and drawings that were 21 presented to the City." Council Member Jordan noted that the building was currently in use for the educational and use purpose, and that Mr. Massey is attempting to obtain a Conditional Use e Permit to expand the structure to a child day treatment facility and after-school program. City Attorney Milliken advised that ifMr. Massey was applying for a Conditional Use Permit for the entire building, then the property must be used solely for the use stated in the permit, which would be a child day treatment facility. The property could no longer be used as an educational and use center for the church. Mr. Massey replied, "It is my understanding that it was for the day time-to actually run a business out of there. I did not have to have it for the church, but I have to have it for a business." City Attorney Milliken advised that further investigation is needed to be sure Mr. Massey can use the facility for both a child day treatment center and an educational and use building for his church. e e e e Council Member Keziah moved to continue the public hearing until September 18, 2001 at 6:30 p.m. in order to investigate the issues involved. Mayor Pro Tern Bazemore seconded the motion. Council Member Smith inquired as to whether the Board of Adjustment granted Mr. Massey a waiver on the setbacks. Mr. Massey responded, "If the structure was never totally taken down, then I'm grandfathered. If the structure was ever to go away or fall down and be pushed over, then I would have to follow all of the guidelines. But the structure was never totally taken down." Council Member Smith asked if this would be acceptable in the Quality Hill subdivision, where a similar situation occurred with a child day care center. Council Member Jordan noted that Council is attempting to be consistent with their decisions. Council Member Keziah restated his motion to continue the public hearing until September 18, 2001 at 6:30 p.m. Mayor Pro Tern Bazemore seconded the motion. Council Member Jordan stated that, even though there is a motion and second on the floor, there may be individuals who came to speak. Mayor Davis asked if anyone would like to speak in favor. Ms. Katrina Simmons spoke in favor and stated that she is a member of their church. The purpose of the child day treatment program, as well as the after-school tutorial, is to get the youth off the streets during the crucial hours of the day. Regarding the issue of senior citizens, Ms. Simmons noted that this would serve a purpose, in that it is preferable to have these youth at the child day treatment center with certified staff rather than on the street comers. Since South Providence is the only other school for at-risk youth, this often leaves expelled youth at home or hanging out on the streets. Mayor Davis inquired whether the youth being served would be considered a danger to themselves or others as determined by general statutes. Ms. Simmons replied, "They have been abused, and anybody who has been abused is capable of abusing. However, the youth are already part of our church. My children are around these youth, and I do not fear when they are around them." Mayor Davis asked if the youth at the child day treatment facility would only be those who are currently members of their church. Ms. Simmons responded, "Pretty much. They 22 e e e e e are also the ones who go to the residential center." Mayor Davis clarified that Mr. Massey presently has a residcntial center that is already serving these youth, and the plan is to bring thesc same youth to the proposcd child day treatment facility. Mayor Davis asked where the youth are currently being served during thc day. Ms. Simmons replied, "Some of them go to South Providence, some of them go to Monroe High, some go to Monroe Middle. When they have troublcs and get suspended from school, they will have a place to go instead of sitting at home. They arc still able to be educated during this time." Mayor Davis asked if Ms. Simmons was certain they would have students to serve. Ms. Simmons replied, "We will have the students. Some studcnts are not able to go into the public school systcm. They have more than ten studcnts. There arc several group homes in Union County that deal with at-risk youth. If a student at a group home is expelled from school, then they do not have anywhere to go. Some of the youth cannot return to the public school system for various reasons. This facility will provide them a place to go that is a supervised facility for learning." Mayor Davis inquircd i fthere would be an assurance that these youth would be supervised at all times. Ms. Simmons stated, "The ratio is about 1 :4. In the public school where I worked, the ratio was 1 :30 in one class I had. What is stopping them from actually wandcring off? It is a better ratio, which allows us to bc able to handle them. If there is a problem and we need to call the police, then we will call Public Safety." Mayor Pro Tern Bazemore requcstcd clarification as to whether this facility would be limited to youth connected to their church members or all youth throughout thc area. Ms. Simmons responded, "The residents just so happcn to go to our church, but the residential facility is not adjoined to our church." Mayor Davis noted that since it is Mr. Massey's residential facility, he also brings them to thcir church. Council Member Keziah cxpressed a fear for the elderly in the neighborhood, and requested to know if any youth at the facility are perceived to be violent or Willie-M type. Ms. Simmons replied, "All the staff are certified and trained in conflict resolution using words instead of physical restraints. These youth are in that neighborhood Sundays, Wednesdays, and Fridays, and this is by their choice. These are activities that they want to participate in and they have been in that neighborhood for four or five years coming to church. With the youth center, it has been almost a year. They have been in the neighborhood, and we are all certified and the ratio is very low." Mayor Pro Tern Bazemore expressed a concern regarding the hours of operation, and stated that it would be less objectionable if they operated under nonnal hours, such as 8:00 a.m. to 6:00 p.m. Ms. Simmons responded, "The child day treatment program would actually only go until 2:30 p.m. The crucial hours, which has been founded all over the statc, for after school care for at- risk youth is from 2:30 p.m. until 7:00 p.m. That has been stated with childcare resources, the Department of Social Services, and Child and Family Services." Mayor Pro Tern Bazcmore noted that there would be no problem with 7:00 p.m. 23 · e e e e Council Member Keziah asked how the youth would be transported home. Ms. Simmons stated that the staff would transport them. In addition, the after school program wi11 provide tutorials and a nutritious meal for each of the youth. Mayor Pro Tern Bazemore noted his support of any effort that is undertaken in support of our youth, but does not want the City to authorize a business involving youth to operate beyond appropriate hours. Mayor Pro Tern Bazemore further advised that changing the business hours [rom 8:00 a.m. - 7:00 p.m. would be crucial when the permit was revised and brought back to Council. PlalU1ing Director Rhea inquired if the after school program would contain youth who were not a part of the child day treatment program. Ms. Simmons replied, "Our after school program is opened up to the middle school. That is why we have a partnership with Union County Public Schools, the Department of Social Services, and the Union County Arts Council because our program will incorporate the arts. The program Teaching Outside the Box is being us cd for our middle schoolers, and the program utilizes the arts to help students who are having trouble completing their homework." Mayor Pro Bazemore emphasized that their cfforts should be congratulated. Mayor Davis advised that Mr. Massey will need to respond to several questions at the next meeting that are required of all applicants. Mrs. Brown, neighbor to the facility, stated that she is a former school teacher of 45 years. Her career involved teaching at a tough school in Waxhaw, being in charge of the first Headstart program in Union County, and supervising the first integrated classes in Union County. Mrs. Brown noted that her long history with teaching children has proven that you cannot teach school and let the children play in the street, and then expect them to respond when brought in to work. Furthermore, Mrs. Brown informed Council that her experience reveals that you can teach a11 children, but you must work at it and provide a routine, structured program that makes learning interesting to the children. Mayor Davis asked Mrs. Brown if she lived close to the facility and if she would feel comfortable with this facility open. Mrs. Brown replied, "It will take a lot of turning around to get them in the right direction. You cannot do it by just giving them ice cream and candy. It has to be a constant, constant lesson working with them." Mayor Pro Tern Bazemore advised that a structured program such as this would be much better than having them running loose. The damage can be done whether they are in a confined program or not, however, potentially more damage could be done if they are on the streets. Mayor Pro Tern Bazemore emphasized that a program of this nature has tremendous value, and it would thcrefore be supported by the community because it provides an additional option for youth as opposcd to being on the streets. Ms. Brown noted that the program must be structured and followed on a daily basis. Mayor Davis expressed appreciation for Ms. Brown's comments and insights. 24 · e e e e Mr. John Brown requested clarification on several items pertaining to the facility which included time of operation, age level of youth, noise level at the facility (videos and music), activity level of the vehicles in the neighborhood, whether Council will review the program every three months to determine if the facility is meeting the guidelines, and the reasons for opening this particular facility when they already have other facilities in the City. Mr. Brown asked if this business was zoned for a particular spot or the whole area. City Attorney Milliken responded that the Conditional Use Permit was for that facility. Mr. Brown further asked if the youth would live in the community or in the facility. Mayor Davis advised that they informed Council that there would not be any residential in this building. They own three other residential homes in Union County, and this is not one of them. This is only a day facility. Mr. Brown asked if the facility could change to residential over time. Mayor Davis responded that it could not under this conditional use, and they would have to come back for another permit. Mr. Brown stated that he does support the notion that these youth need somewhere to go, however, the facility should not be a babysitting place. There needs to be learning taking place and not just play time, especially if they are already in trouble at school. Mr. Brown further requested to know where the youth were going to playas there is a home on the right side of the facility. It is hoped that the youth will play in the back of the facility so as not to disturb the elderly neighbors. Mr. Brown cited parking as another concern. Mayor Davis advised that Mr. Massey needs to address the concerns expressed by Mr. Brown. Mr. Brown inquired about how disturbed the youth will be who attend the facility, as sometimes it may not be possible to reform. In addition, Mr. Brown informed Council that he was the one who kept the structure from burning down. Ms. Simmons responded to Mr. Brown's concerns. Ms. Simmons stated that Friday night activities are part of the church youth night. This is totally separate from the child day treatment and after school program. The hours of the child day treatment program will be from 8:00 a.m. - 2:30 p.m. for at-risk youth between the ages of 12 and 14. The after school program is not geared toward at-risk youth, but it is open to Monroe Middle School students and fifth grade students at Walter Bickett and East Elementary Schools. Mayor Davis asked for clarification regarding where the at-risk youth will go after 2:30 p.m. Ms. Simmons stated that the at-risk youth who attend the child day treatment program would return to the residential centers at 2:30 p.m. Ms. Simmons advised that they are not required to be licensed for the after school program, however, they wanted to be licensed to insure that they follow the correct guidelines. There will be a licensed psychologist on staff for the child day treatment program and a curriculum specialist for the after school program. The curriculum specialist insures that the youth receive instruction that correlates to the school's instruction to help bridge the learning gap. Furthermore, there will be counselors who possess Master's degrees on staff. Ms. Simmons clarified the concern pertaining to residential use of the facility by stating that there are three homes in Monroe owned by the Masseys where the at-risk youth sleep. The child day treatment facility will be their school. Mr. Brown asked what the at-risk youth are doing at the present time. Mr. Brown also asked what the admission requirements would be for the school. Ms. Simmons replied, "We have counselors and psychologists who will screen the youth. Each client will have a specific treatment plan." Mr. Brown reiterated his concern pertaining to the age of the youth, as the 25 . e e . e middle school age is the most difficult. Mr. Brown further asked what activities the after-school youth would be doing outside. Ms. Simmons replied that it would be similar to school recess, and activities would include such things as basketball. Mr. Brown expressed a concern regarding the noise level involved with basketball, and further asked if the preparation of meals at the facility would be governed by the State. Ms. Simmons replied that it would be inspected by the Environmental Health Department, and this is another reason why they desire to be licensed by the State. Mayor Pro Tern Bazemore complimented Ms. Simmons and invited her to a meeting at the Winchester Center on Thursday evening where they will present to parents of pre-kindergarten children ways to prevent their children from becoming at-risk. Planning Director Rhea advised that staff is preparing a list of the questions presented during the hearing and assured that Mr. Massey will receive the list prior to the next meeting. Mayor Davis restated the motion by Council Member Keziah to continue the public hearing until September 18, 2001 at 6:30 p.m. The motion was seconded by Mayor Pro Tern Bazemore, which passed unanimously with the following votes: AYES: Council Members Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: D. Proiect # 02-120-00001 - Zonine Text Chanee Request - Section 156.056. Suuulemental Infill Develoument Ordinance. Mayor Davis opened this duly advertised public hearing. Planning Director Rhea advised Council that this is a request for a text amendment to Section 156.056 of the Zoning Code. In April of this year, the Land Development Committee appointed a sub-committee to study intill housing within the City of Monroe. The sub-committee met six times to discuss issues regarding intill housing. The issues identified as critical were character, appearance, parking, storage and affordability. Planning Director Rhea further noted that the sub-committee has developed a proposed Ordinance with supplementary requirements for intill development in single-family residential districts. The committee believes these supplementary requirements will address the critical issues noted above. Furthermore, George Mil1er, who chaired the lntill Sub-committee, and Wayne Herron attended a conference in Baltimore on infill housing and have returned from this conference knowledgeable to this process. Mayor Pro Tern Bazemore and Council Member Keziah were also members of this committee. Planning Director Rhea stated that the supplementary requirements are written to apply to all dwelling structures in any single-family residential district that is within an established neighborhood. Neighborhoods are shown on the Monroe Neighborhoods map included in the Land Development Plan. An established neighborhood is defined as having more than 50% of the recorded lots developed. Design elements addressed in the text include: accessory buildings, building articulation, building orientation, dwelling width, exterior materials, foundation, parking, roof pitch, front-yard setbacks, side-yard setbacks, trees, and storage. 26 . . e e e Planning Director Rhea reported that the Land Development Committee reviewed the proposed Ordinance at their meeting on July 26,2001. The Committee does recommend that the proposed Ordinance be adopted. Planning Director Rhea noted several issues discussed by the Land Development Committee: (1) The infield requirements do require that all street parking be provided to the side or rear of residential units; (2) No garages or carports extending in front of the front wall; and (3) Side and rear-load garages and carports are encouraged but not required. In order to accommodate this, the side-yard setbacks were reviewed, and the Committee is recommending that side-yard setbacks on any legal, nonconforming lot of record, where the lot width is less than 50 feet, can be reduced to 5 feet on one side of the lot, provided that the side-yard setback on the other side of the lot is increased to the same extent. This is to make it possible to accommodate the driveway to go around the structure and access the rear of the property. After participation in a drive-thru around the City, the Committee noticed a nonconformity regarding houses being shoe homed in on very narrow lots with the parking provided entirely in the front of the dwelling, with the front yard basically being all parking. There being no other speakers, either for or against the proposal, Mayor Davis closed this public hearing. Item No.6. Action from Public Hearines. A. Proiect # 01-130-00011 - Zonine Map Chanee Request - G-I (General Industrial) to B-3 (Hiehway Business) and B-5 (Medical Facility) - 402 S. Sutherland Ave. - Approximately 4.05 acres - on S.W. Corner of Roosevelt Blvd. and S. Sutherland Ave. - City of Monroe - Tax ID# 09-191-006. Council Member Smith moved BE IT ORDAINED to adopt the zoning map change request - G-I (General Industrial) to B-3 (Highway Business) and B-5 (Medical Facility) for this property. Council Member Keziah seconded the motion, which passed unanimously with the fol1owing votes: AYES: Council Members Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: B. Proposed Conditional Use Permit - Project # 01-100-00011 - Accessory Structure With a Home Occupation - 936 Secrest Hill Drive - .923 acres - James Marlow ~ Tax ID# 09- 216-014. No action taken as public hearing was continued until October 2,2001. Co Proposed Conditional Use Permit - Project # 01-100-00012 - Child Day Treatment Center ~ 410 John Street - 6.969 Square Feet - A!!ape Youth & Family (William Massey) - Tax ID# 09-228-136. No action taken as public hearing was continued until September 18, 2001. D. Ordinance - Project # 02-120-00001 - Section 156.056. Supplemental Infill Development Ordinance. Mayor Pro Tern Bazemore moved to adopt Ordinance 0-2001-37: 27 e . e e . AN ORDINANCE TO AMEND TITLE XV, CHAPTER 156: ZONING CODE OF THE CITY OF MONROE CODE OF ORDINANCES 0-2001-37 Preamble Pursuant to authority conferred by G.S. 160A-381, as amended and for the purpose of promoting the health, safety, morals, or general welfare of the inhabitants of the City by lessening congestion in and around the streets; securing safety; preventing the overcrowding of land; avoiding undue congestion; and facilitating the adequate provision of transportation, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MONROE THAT TITLE XV, CHAPTER 156: ZONING CODE, OF THE CITY OF MONROE CODE OF ORDINANCES BE AMENDED AS FOLLOWS: Text Amendment SECTION 1. AMEND Chapter 156 of the City Code as follows: ADD New Section 156.056 as follows: 156.056 Supplementary Requirements for Infill Development in Single Family Residential Districts (A) Intent. It is the intent of the City of Monroe to allow a diverse mix of quality housing opportunities for its citizens while protecting the health, safety, and welfare of its citizens and the property value of existing residential areas. No new dwelling structure shall be constructed nor shall the exterior of any existing dwelling structure be substantially modified in any single family residential district (R-40, R~20, R-15, R-12, R-IO, R-8, R-O) within any neighborhood shown on the Monroe Neighborhoods map of the Monroe Land Development Plan in which more than 50% of the recorded lots are developed, unless such construction or modification is in confonnance with the provisions of this section. For the purposes of this section, substantial modification shall be defined as any work which involves the alteration of the building's foot print, construction of additional stories, or changes in roof pitch. No subdivision or lot within a subdivision that is subject to Special Use Pennit recorded at the Union County Register of Deeds shall be subject to the provisions of this section. (B) Design Standards. All new dwelling structures and any substantial modification to existing dwellings shall confom1 to the following design standards. These regulations shall be in addition to any other design standards, which may be required for residential construction: (1) Accessory buildings: Accessory buildings shall be pem1itted in the side and rear yard only. (2) Building articulation: No wall of a dwelling visible from a public right-of-way shall run without wall offsets (unarticulated) for a distance greater than twenty-four linear feet. All wall offsets shall be at least twenty-four inches in depth. (3) Building orientation: All dwellings shall be oriented so that the front of the structure is facing a public right-of-way. (4) Dwelling width: The width of any dwelling shall not be less than twenty-five feet or less than 35% of the length/depth of the dwelling. 28 e . e e e (5) Exterior materials: Common tàcade materials found in residential districts include wood, brick, stone, and vinyl. Acceptable materials for additions and new construction include thcse and other similar materials designed to give the exterior a residential appearance. Under no circumstances shall metal siding not intended to mimic traditional lap siding or unfinished concrete block be allowed. All exposed chimneys should have a brick veneer. (6) Foundation: Any house built on a slab foundation shall have a minimum four course brick masonry veneer skirt (of standard brick size) extending up the face of the slab. (7) Parking: Off street parking shall be provided to the side or rear of residential units. No garages or carports attached or detached, which extend in front of the front wall of the dwelling shall be pennitted. Side and rear load garages and carports are encouraged. (8) Roof pitch: A minimum 6/12-roof pitch shall be maintained over a minimum of 80% of the total roof area. (9) Setbacks, front yard: The front yard setback shall be computed as an average of the dwellings on the lots immediately adjacent to either side of the dwelling being constructed or modified or, where adjacent lots are undeveloped, within 100 feet of either side of such dwelling. This setback shall not be a minimum distance from the property line, rather it shall be construed to be a build-to line requiring the front of the structure (excluding steps and stoops) to begin at that point. The above notwithstanding, no setback (build-to) line shall be less than 10 feet from the front property line or street right-of-way, whichever is closest. (10) Setbacks, side yard: The side yard setbacks on any legal, nonconforming lot of record where the lot width is less than fifty feet can be reduced to five feet on one side of the lot provided that the side yard setback on the other side of the lot is increased to the same extent in order to accommodate side and/or rear yard parking. In no case shall the comer side of a comer lot be reduced to less than fifteen feet. (11) Trees: The front yard of each lot should contain at least two (2) trees, suitable for healthy growth in our climate, each with a minimum caliper of one and one-half inches measured at a height of six (6) inches above the ground. (12) Storage: Enclosed storage area shall be provided, attached or detached. Detached storage area shall be located in a rear yard. The storage area shall be a minimum of 100 square feet. (C) All dwelling structures shall meet the provisions of this section unless a special exception is approved by the Zoning Board of Adjustment. Such special exception shall be granted only if it complies with the intent of the infill development provisions. (D) In the event of a conflict with the provisions of this section with any other zoning requirement in this chapter, the most restrictive requirement shall apply. Adopted this 4th day of September, 2001 Council Member Smith seconded the motion, which passed unanimously with the following votes: AYES: Council Members Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: Item No.7. An Ordinance to Amend the City of Monroe Standard Specifications and Detail Manual. Jim Loyd, Engineering Director, provided an overview for Council. At the August 21, 2001 City Council Meeting, requirements for sidewalk placement in new 29 . e e . e developments and mlmmum standards for cul-de-sacs were referred back to the Land Development Committee for recommendation. The chart detailing the proposed sidewalk requirements reviewed by the Land Development Committee was included in the Agenda packets. Engineering Director Loyd noted one change that was made since the Land Development Committee meeting. Staff recommended leaving the requirement for sidewalk improvements in minor subdivisions, which is indicated by Note (2) on Table 02.02. In addition, requirements for cul-de-sacs were also discussed in detail at the Land Development Committee meeting. Fire Chief Ron Fowler was present during the discussion. The Committee recommended that the current minimum raise of 36 feet to back of curb be continued for a residential cul-de-sac. Engineering Director Loyd advised that the Land Development Committee and staff recommended approval of the sidewalk requirements for inclusion in the City of Monroe Standard Specifications and Detail Manual. In addition, it was recommended that the present design standards for cul-de-sacs be continued without change in the Manual. Mayor Davis requested clarification regarding whether the Fire Department seeks to see a change in the cuI-dc-sacs. Engineering Director Loyd replied that the Fire Department does not seek to see a change. Council Member Keziah moved to adopt Ordinance 0-2001-39: AN ORDINANCE TO AMEND THE CITY OF MONROE STANDARD SPECIFICA TJONS AND DETAIL MANUAL 0·2001-39 BE IT ORDAINED by the City Council of the City of Monroe that the City of Monroe Standard Specifications and Detail Manual be amended as follows: ADD: Section 02.02.06 Sidewalk Requirements Detail 02.01.08 Residential Cul-de-sac Detail 02.01.09 Commercial Cul-de-sac Adopted this 4th day of September, 2001. Council Member Smith seconded the motion, which passed unanimously with the following votes: AYES: Council Members Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: Sections 02.02.06, 02.01.08, and 02.01.09 are hereby incorporated as a part of these Minutes as "Exhibit A." Item No.8. Repeal of Moratorium - R-8 Residential District. Council Member Keziah recommended that the moratorium on the High Density, Single-Family Residential (R-8) District 30 be repealed, which was in place while the study was being conducted. City Attorney Milliken advised that the moratorium was in the fOnTI of an Ordinance, therefore, it would need to be . repealed. Council Member Keziah moved to adopt Ordinance 0-2001-40 to repeal Ordinance 0-2001-18: e e . e AN ORDINANCE TO REPEAL A MORATORIUM ON THE APPROVAL OF PERMITS FOR DEVELOPMENT IN THE HIGH DENSITY SINGLE- FAMILY RESIDENTIAL (R-8) DISTRICT 0-2001-40 WHEREAS, Ordinance 0-2001-18 was adopted by the City Council on April 1 ih of 200 1, and WHEREAS, Ordinance 0-2001-18 enacted a moratorium on the approval of penn its for development in the High Density Single-Family Residential District (R-8), and WHEREAS, the City Council has adopted an amendment to the City Zoning Code which will address development in the High Density Single-Family Residential District (R-8) within the zoning jurisdiction of the City. NOW, THEREFORE, BE IT ORDAINED by the Monroe City Council pursuant to authority given in Article 19 of Chapter 160A of the North Carolina General Statutes that a moratorium on receiving applications for and/or allowing the processing of existing applications for which permits have not been issued for new construction or substantial exterior modifications (excluding normal and routine maintenance, and demolition) to existing developments within the High Density Single-Family Residential (R~8) zoning district of the City of Monroe be repealed. Adopted this 4th day of September, 2001. Mayor Pro Tern Bazemore seconded the motion, which passed unanimously with the following votes: AYES: Council Members Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: Item No.9. Annual Con2ress of Cities - Appointment of Votin2 and Alternate Votin2 Dele2ates. Council Member Keziah moved to appoint Mayor Pro Tern Bazemore as the voting delegate and Council Membcr Smith as the alternate delegate. Mayor Davis confirmed that Mayor Pro Tern Bazemore and Council Member Smith would be attending the Annual Congress of Cities. Council Member Kilgore seconded the motion, which passed unanimously with the following votes: AYES: Council Members Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: 31 e e e e Item No. 10. Other Business. A. Havne Street Letter. Council Member Kilgore referenced a letter from a citizen requesting that Hayne Street be designated as a "no-truck route." Engineering Director Loyd advised that Hayne Street is a North Carolina designated truck route, and it would be very difficult to get a preclusion. Council Member Kilgore requested that the citizen be sent a letter to that affect. B. Planninl! Director Carol Rhea Reception. City Manager Spell invited Council to attend a reception on Friday afternoon for Carol Rhea, who is leaving the City. C. Announcement of New Director of Planninl! and Development. City Manager Spel1 announced to Council that Wayne Herron would be the new Director of Platming and Development. City Manager Spell advised that he used an interview panel process and then utilized their input to select Mr. Herron. There being no further business, Council Member Keziah moved to adjourn. Council Member Smith seconded the motion, which passed unanimously with the fol1owing votes: AYES: Council Members Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: The Regular City Council Meeting of September 4,2001 adjourned at 9:20 p.m. Attest: Judy L. Davis, Mayor ¿.I~ ~'7n~ Jeanne M. Deese, ity Clerk Minutes transcribed by Donna Helms, Office Administration Contractor e 09-04-01 32 .e e e e e CITY OF MONROE EXHIBIT A STANDARD SPECIFICATIONS AND DETAIL MANUAL 02.02.06 SIDEWALK REQUIREMENTS A. EXISTING AND PROPOSED ROADWAYS TABLE 02~02 Artcrial* x X X X X Collector * Commercial Commercial Cul-de-sac Residential (with Through Access) Residential Cul-de-sac serving 11 or more lots Residential Cul-de-sac serving 10 or less lots X X *Listing of Identified Existing Arterial Streets and Existing Collector Streets found in Section 02.02.06 B. Non-Single Family Single-Lot Development Requirements !Vote: , 1) Sidewalk requirements do not apply to in-fill residential lot construction. 2) Sidewalks required along existing arterial and collector roadways for all major residential and commercial subdivisions based on side of lot frontage. B. NON-SINGLE F AMIL Y SINGLE LOT DEVELOPMENT REQUIREMENTS 1. Within non-single family lot developments, all private roads and access ways shall be designed and constructed to facilitate the safe and convenient movement of motor vehicle and pedestrian traffic. Any non- single family lot development shall provide sidewalk along the property frontage if the development is located along the following existing arterial and collector roads: A. B. C. D. F. G. Airport Road Allen Street Charlotte Avenue/Highway Concord Avenue Dickerson Boulevard Fowler Secrest Road SR 1223 SR 1349 SR 1245 SR 1009 02~9 Streets Division 02 CITY OF MONROE STANDARD SPECIFICATIONS AND DETAIL MANUAL H. Franklin Street NC 75, SR 2100 1. Goldmine Road SR 1162 1. Griffith Road SR2139 K. Hayne Street NC 207 e L. James Hamilton Road M. Lancaster Avenue/Highway NC 200 N. Medlin Road SR 2102 O. Morgan Mill Road NC 200, SR 2188 P. Myers road Q. Pageland Highway US 60 I R. Rocky River Road SR 1007 S. Roosevelt Boulevard US 74 T. Secrest A venue U. Secrest Short Cut Road SR 1501 e . V. Skyway Drive US 601, NC 200 W. Sunset Drive SR2180, SR2181 X. Sutherland Avenue Y. Walkup A venue SR 1751 02.02.07 02.02.08 02.02.09 STREET NAME IDENTIFICA nON SIGNS 1. In subdivisions located outside the city limits, the subdivider shall install street name signs at appropriate locations in accordance with the standards and specifications of the county. Inside the city limits the city shall install standard street name signs at appropriate locations in accordance with the city's standards and specifications. The subdivider shall be responsible for the cost of such sign installation in accordance with the City of Monroe's cost schedule. CONSTRUCTION PLANS 1. For Construction Plan Requirements, refer to Standard 01.07 ROADWAY AND STORM DRAINAGE CONSTRUCTION PLAN REQUIREMENTS. REQUIREMENTS FOR STREET IMPROVEMENTS 1. Except as provided in Standard 02.02.09, all proposed streets shall be graded to the full width of the right-of-way and the 10-foot utility easements and improved with a pavement width and standard curb and gutter section as required for the particular classification of street. All grading, pavement and curb and gutter shall be designed and installed in accordance with City standards and the approved construction plan. 02-10 Streets Division 02 e e e ti-J I s:: / / CJ ( J ;:0 t::; ~ II ~ ~ \ / \ I"\) êQ U] S2 \ / / ~"""'3 ~ .~ ~ ~§ /\ ./ \ Q8 ~ .." ¿j, ------- :t:> ~ ~ {j fTl ;Uc:lZ ::t.. ð~ 0:1 f"'1<:c:I ~ ;:0 :;.:¡ "- 0:1 "'z-< "- '" :::d :t:> :C 0 :t:> ~\ci~ :C ~ ::! ~ n ~ ""'1 (j ---i r> -^ ^ z"'_ I Sì ~ ---i N "'- '" i;....¡r ~ 0 I 0 r"" I :I> 0 ~ ..., 0 < ..,., f"'1f"'15 ~ lJ I"\) C þ rI,! "'1r'1", :::j 0 ---i ï c:I-I .." ï ;U-<:I> 0 ::<J ¡::: < fTl < ""r > !:' ìJ ~c:lr Z :E :t:> -< Þ :z ~ ï r ï "" ." a. » ¡;r¡ ï » {j ï -UZf"'1 r ~ .. fTl Z C fTl r a:¡: -a -< ;:0 -< :I> Z :I> U 6 ---i tz:I zëJ- ... (j fT1 eJ ::~~ r !. C 0 C ð",~ » ~ ;:0 ;:0 J: Z Z 0 0:1 0:1 c:I:t>f"'1 ---i 0 '" [ (j) ,"ro fT1 0 r r N r; -... f » :¡: a. 0 -... -I :I> Z "" 0 r !:' = Z -0 !:' z -< 1:1 ....... 0 ¡ 0 -< ;u (j) Z "" ~ f"'1mo r 0 ~ 8 z f"'1 -u » :I> f"'1 00 0 ¿" z '" Z n -< !"1 -< 0 ~ ~ tj ~. ~ ~ ~ t--< CJ ::<J m < o§ mO "'2 ("J", ::<J :;:; -I ~ eJ-t CX ïfTl I t:I:;:: fTlþ IX CIJ' Þr eJr1 _Z ClJCì -t -x Iì.J 00 0..,., ri:t:> 1""'1 -t o:IZon:t:>""'1I"\). >. Z -<(j;:orro 0 I or;:O""'1...... 1""'1 OCIJ OZ-t Z -I""'1"'O""'10n fTl Cì::2-tCIJrC-tI -l)eJ-t:t:>r ~fTl::t: zr:;::""'1 0"'" _AJ fTlOr;:Or1nZfTl ?OAJZÞO- Z - Ãjo:leJ :t:>I""'1Z-eJMI :t:>ClJCI VJ:CC1rz-o -1""'1J>""'1Z;:o 8-t ZM0:t:> ;:o:IVJt:I;:o - 1""'1 -tVJfTleJZ eJ (/) AJ - Z C -t°C....,eJ;:O;:O r1reJ_Mo:Ir1 oÕ....,fTl ro C :t:>zS . >.AJ-t-tfTl;:O fTlO fTl o ~ -"'- 5 < ,. -"'- ¡;¡ ;0 II Iì.J U1 ;:0 II W U1 ;:0 II ;:0 W II U] I"\) ~ 0~ .ç .:1 zo oz :t:> r \J r J> Z -t r1 o ,ej a ~ ~ ~ Q A r.... ej ~ I b ~ ~ ej ~ Ç) ~ gj ~~ Ç)§ 08 ~~ ~ ~ '~ ~ ""ì § ~ êQ ~~ ~ ~ § ~§ :;! !"I 0 ~'"- 12 I.--J ~ .. :;aDZ f'Tl~D ClJZ"" '"1Jr'lr'l D;:o" ZCIJ...... CIJ· VJ ;;;...,r rxÞ r'lr'lZ t:::1 dQCIJ :;a""x -(Þ þ r zDr -<"'T') tI:I ìJJ::f'Tl rO þzJ:: z;t)Þ ...,D...... ......f'Tlz Z ..., CìCIJ;:: DXZ Þr'l ;t)rt:::1 r J:: þztI:I ......D-< z...,ìJ r;i ;t) ZtI:lD þf'TlìJ Z r'l n ;t) r'l ..., . -< ;:c¡ II ;t) W II U1 f\) U1 I ( \ VJ...,., ""þ pn f'Tl n co ;:0""" 1;;0 CIJ""" ...,þ on . r'1 n cQ ;;0""" 1;;0 f\) go I' C1~ C ..., ..., r'1 ;t) Ç'Oa\ Cì C ..., ..., f'Tl ;t) w o ......0 VJìJ r..., Þ...... ZD t:::1Z Þ r "'IJ r J> Z ..., r'1 t::J \ ;0 II f\) U1 :;0 II ..:;:.. Ul < :;0 "'- ~ /' ~ --------- zn.,.,~ nrD XOAJ...... CIJ Z "'Qr'1"'T')n ......VJcI "'Q...,r r'1 r"'T') o :;0 D:;onl""1 :;oþ......z ......:;on J>znx VJJ>C C13:t::J Of'Tl"'1;:O ...... r'lJ> ;t)ClJAJ...... 1""1""i""1Z n:;OZ ...,cn:;O i""1ni""1r'l 0"" CJ CþC tI:I:;O...,...... -(1"'1 :;0 J>rl MDrO z:;orf\) Cì '22 "'IJ ""1 r'l...,rD r'lnJ>D ;oxz"" . ..., rMJ:: ......0...... z Z f'Tl...... ClJt:I;I ~ç:r1 ~z! xOz ~o CIJ D...,n r......c ......f"'1;:Q o t:I;I ...,r ..:;:..D...... Z f'Tl