Town of Dallas Agenda October 24, 2023 5:00PM Rick Coleman, Mayor Jerry Cearley, Mayor Pro-Tem  BOARD OF ALDERMEN - WORK SESSION MEETING  Sam Martin Darlene Morrow ITEM SUBJECT  Frank Milton E.H Hoyle Withers  Pages  1. Pledge of Allegiance to the Flag  2. Approval of Agenda with Additions or Deletions A. EDCLocal Investment Grant Program B. 208 N. Holland St. . - Shepherd's Way Annexation D. Shepherd's Way Rezoning E. No Parking Zones on W. Main St. F. Electric Service Territory  3. New Business  2 12 13 26 61 66    TOWN OF DALLAS, NORTH CAROLINA  REQUEST FOR BOARD ACTION  DESCRIPTION: Gaston County EDC - Local Investment Grant Program  AGENDA ITEMNO.3A BACKGROUND INFORMATION:  MEETING DATE: 10/24/2023  At the August 22 Board of Aldermen Work Session, American Insulted Glass (AIG) made a presentation concerning aj planned plant expansion. Att that time, and based on their plans, the projected cost for their electrical infrastructure needs from the' Town were: $241,804.25. Based on' Town approved policy, those costs would be charged to AIG. At the presentation, representatives from AIG requested relief from the policyre requirement.  Since this meeting, AIG has modified their infrastructure plans, resulting in a new projected cost  as shown below:  Transformer Material  -$98,146.00 $22,680.55 $17,558.40 $17,600.00 $$3,000.00 $676.20 -$1,468.80 -$161,129.95  Labor 80 hours for Electric crew- Equipment charge 3 trucks Crane fees to set transformers Newspaper cost Engineering Bob' Thomas Total  Gaston County Economic Development Commission (EDC) was given the information and has Representatives from the EDC are scheduled to be present to discuss those incentives and ways Dallas can partner with the incentives through the Local Investment Grant Program.  been in contact with AIG to discuss possible incentives for the project.  Attached is a copy of the Local Investment Grant Program.  MANAGER RECOMMENDATION: BOARD ACTION TAKEN:  2    Gaston County Economic Development  Commission  GASTON COUNTY Economfet Devsicpment  LOCAL INVESTMENT GRANT PROGRAM  Availability  The following investment grant program is available in Gaston County, Gastonia, Bessemer City, Belmont,  Cherryville, Dallas, Mount Holly, Stanley and Cramerton.  Purpose  The Gaston County Board of Commission has supported economic development for more than twenty years with an emphasis on tax base development, employer diversification and job creation. The Commission has recognized the need to provide programs and financial support to strengthen and diversify the County's economy. Tax base development is al key concern for the County'si fiscal health. Iti is essential not onlyt to attract newi investment buta also to encourage existing business to expand and reinvest in their Gaston County operations. The Gaston County Investment Grant Program (GCIGP) is intended to provide an inducement for new business to locate in Gaston  County ande encourage existing business to expand.  Grant Program Description  Thep program provides grants to companies investingi in Gaston County. The granty willl be established by an application with Gaston County. The company must pay their taxes int full eachy year based on the actual tax value oft the property ori investment. Ift the company meets all oft the criteria in the application, a portion oft the property tax will be returned Investment Grants willl bel based on thei increase in tax value of all real property, machinery and improvements above the base year prior to investment. No grant will! be given to a company that would reduce their tax payment to an amount lower than the previous tax year. Purchases of any existing Gaston County facility or equipment will not All grant monies will be taken directly from the company's tax payment. The company must be current with all other The Gaston County Board of Commissioners may modify or eliminate the program subject to meeting all existing grant obligations in effect at the time. No company may transfer grant agreements of contracts without explicit  as ag grant. The amount oft the grant is based on a sliding scale.  qualify fort the program.  payments required by Gaston County.  approval by the Gaston County Board of Commissioners.  LOCAL STRENGTHS. GLOBAL SUCCESS. P.O. Box 2339, Gastonia, NC28053-2339 I 704.825.4046 704.825.4066  www.gaston.org  3    Gaston County Economic Development  Commission  GASTON COUNTY Econgmleo Dovelopment  Tax Rate Information  Gaston County completed a countywide revaluation at the end of2022. The findings oft the evaluation increased the property values significantly. Taking the revaluation into consideration, the Gaston County Commissioners voted to decrease the tax  rate from $.81 to$.61 on May 9th, 2023. The $.61 Tax Rate willl be effective January 1, 2023.  Companies in the following North American Industry Classification System (NAICS) 1997 and 2000 Revisions are eligible for  the grants:  Category of Business Manufacturing Warehousing Data Processing Retail Elderly  NAICS Code 31-33NAICS97) 493 (NAICS 97) 51821 (NAICS:2000) 44-45 (NAICS 2000) NAICS623312  Industrial Grant 1  All investment in real property, new machinery and equipment over $1,000,000.00 would be eligible for a  grant as shown below.  Year 1-90% property tax grant Year 2-8 80% property tax grant Year 3-70% property tax grant  Year 4- 60% property tax grant Year 5- 50% property tax grant  LOCALSTRENGTHS. GLOBAL SUCCESS., P.O. Box 2339, Gastonia, NC:28053-2339 I 704.825.4046 704.825.4066  www.gaston.org  4    Gaston County Economic Development  Commission  GASTON COUNTY EconyAiic  Industrial Grant 2  Alli investment in real property, new machinery and equipment over $15,000,000.00 would be eligible fora  grant as shown below.  Year 1- -90% property tax grant Year 2-80% property tax grant Year 3-70% property tax grant Year 4. - 60% property tax grant Year 5-50% property tax grant  Year 6-4 40% property tax grant Year 7-3 30% property tax grant Year 8- - 20% property tax grant Year 9 - 10% property tax grant  Industrial Grant 3  All investments in real property, new machinery and equipment over 30,000,000.00 would be eligible for  as grant as shown below.  Year 1-9 90% property tax grant Year 2-8 85% property tax grant Year 3-8 80% property tax grant Year 4 -75% property tax grant Year 5-70% property tax grant  Year 6-65% property tax grant Year 7 -60% property tax grant Year 8 -55% property tax grant Year 9-50% property tax grant Year 10-45% property tax grant  LOCAL STRENGTHS. GLOBAL SUCCESS. P.O. Box 2339, Gastonia, NC 28053-2339 704.825.4046 704.825.4066  www.gaston.org  5    Gaston County Economic Development  Commission  GASTON COUNTY Econgmie Developmento  Industrial Grant 4  All investments in real property, new machinery and equipment over $50,000,000.00 would be eligible for  a grant as shown below.  Year 1-8 85% property tax grant Year 2- 85% property tax grant Year 3- 85% property tax grant Year 4- 85% property tax grant Year 5- - 85% property tax grant  Year 6 - 70% property tax grant Year 7-70% property tax grant Year 8-70% property tax grant Year 9-1 70% property tax grant Year 10-70% property tax grant  Retail Grant:  Only available in Gaston County, Bessemer City, Cherryville and Stanley.  All net retail investments with an aggregate investment of $40,000,000.00 would qualify for a grant as  shown below.  Year 1- 90% property tax grant Year2- - 80% property tax grant Year 3-7 70% property tax grant  Year 4-6 60% property tax grant Year 5-5 50% property tax grant  LOCAL STRENGTHS. GLOBALSUCCESS P.O. Box 2339, Gastonia, NC 28053-2339 I 704.825.4046 704.825.4066  www.gaston.org    Gaston County Economic Development  Commission  GASTON COUNTY  The Local Investment Grant Program is intended to diversify thet tax base, improve employment opportunities for Gaston County citizens, and create ani increase in the net depreciable taxable value oft the tax base of Gaston County. The Gaston County Tax Department and the Gaston County Economic Development Commission shall establish procedures for the implementation oft thel Program. Grant applications shall ber reviewed and verified by the Tax Department andi the EDC. Any interpretation oft the application and/or approved Grant oft the program to a specific project shall be subject to a yearly review byt the EDC and Tax Department for eligibility in accordance with this policy statement and shall be final.  Small Business Grant:  Temporary-Limited to Investment in Calendar Year 2022)  Business investments made during calendar year 2022 in an amount equal to or greater than  $10,000 and less than $1,000,000.00 would qualify for the following grant. 50% property tax grant (Applies only to Gaston County at adoption).  LOCAL STRENGTHS. GLOBAL SUCCESS. P.O. Box 2339, Gastonia, NC 28053-2339 I 704.825.4046 704.825.4066  www.gaston.org  7    Gaston County Economic Development  Commission  GASTON COUNTY Economic opmen  Gaston County Incentive Grant Program  Purpose:  The Gaston County Board of Commission has supported economic development for more thant twenty years with an emphasis ont tax base development, employer diversification andj job creation. The Commission has recognized the need to provide programs and financial support to strengthen and diversify the County's economy. Tax base development is a key concern for the County's fiscal health. It is essential not only to attractnewi investment! buta also to6 encourage existing business to expand and reinvest int their Gaston County operations. The Gaston County Investment Grant Program (GCIGP) is intended to provide an inducement for new business to locate in Gaston County and encourage existing business to expand.  II. Grant guidelines:  Gaston County offers five incentive grant programs. These are: (A) Industrial Grant 1 which requires a minimum of$ $1 million in net additional value, (B) Industrial Grant 2 which requires a minimum of $15 million in net additional value,(C) Industrial Grant 3 which requires a minimum of $30 million in net additional value, (D) Industrial Grant 4 which requires al minimum of $50 million int net additional value and, (E) Retail Grant 1 which requires a minimum of $40 million in net additional value to qualify for the grant. The intent of the incentive grant program is designed to ensure that the County will see an increase in the property taxl base greater than that of the minimum grant requirements. Investor must contact the EDC prior to investing to be eligible for the Large Business Investment Grant. The grant must go before the Gaston County Board of Commissioners for approval. Ifthe Board approves the grant, the company will then enteri into an Economic Development. Agreement. Grants willi not be provided without Board approval and an economic development agreement, orfconsnctonmvesiment happens prior to the two. Net additional value is any new assets, plus all existing assets, less depreciation on all personal property assets. (The beginning Base Value is calculated on all existing assets, not only on new taxable grant investments.) The base year used in grant calculations for existing Gaston County industries will be the previous tax year value prior to application. Only "net new taxable" purchases and assets transferred into Gaston County from other locations outside Gaston County will apply for grant consideration. Purchase of any pre-existing Gaston County facility or Real andy personal property will be! based on current Gaston County appraised taxi value at time of application,  Vehicles will not be considered in the application of the incentive grant program.  equipment willr not qualify.  and not ona a company'si investment costs.  LOCAL STRENGTHS. GLOBAL SUCCESS. P.O. Box 2339, Gastonia, NC 28053-2339 704.825.4046 704.825.4066  www.gaston.org  8    Gaston County Economic Development  Commission  GASTON COUNTY Econundes  All assets related to the industrial or retail operation will be considered for grant approval; including both owned and leased real estate and business equipment. Incentive grant checks will be distributed to the property ownerlessor who was responsible for the related tax payments. Each corporate entity/name shall qualify on its own asset merit. No dissimilar names will be consolidated into an aggregate grant application, Forms G-1, G-2 and G-3 must be filed annually for all consecutive years of the grant period, whether or not changes have occurred.. Additional qualifying projects, during this initial grant period, will require ar new: series All assets used in consideration for the grant will be subject to an annual audit by the Gaston County Tax Director's office, to ensure accuracy and compliance with thet terms oft the grant. The burden ofp proofi is upon the taxpayer top prove these related assets qualify annually. Cooperation oft thet taxpayer to provide detailed asset lists; leasing arrangements with named parties; all related business and corporate names; all physical address information; etc. is essential in the grant approval process. The company must also agree to the value of all existing assets prior to receiving payment from Gaston County. Any appeal of value must be Future funding oft the program will be considered through the annual budget process; and may be modified, suspended or terminated due to currentbudgetary constraints, legali issues, or otheri issues deemed important by the Gaston County Commissioners. Anyi incentives ine effect att that time would not be affected.  unless noted at the time of application.  ofgrantappitations.  resolved totally before payout can be made.  II. The Application Process:  Completed applicationi forms, along with a complete currenti fixed asset schedule, must bet filed no later than April 15 (f 15th falls outside ofal business day, application must be submitted ont the following business day before 5:00pm.) Companies filing applications for an extended project (one whicht takes more than 12r months toc complete) may apply the second year. Industrial Grant 2, 3a and 4 may be extended for3y years. Forms G- 2 and G-3 must be filed annually by April 15 (if 15th falls outside of a business day, application must be submitted ont thet following business day before 5:00pm.) for the duration oft the grant period. Applications will be mailed to and reviewed by the EconomicDevelopment Commission & then the County Manager or his designee, to determinet the eligibility of the project in question based ont theseguidelines. After approval from the EDC/County Manager, the incentive grant application/s)will be forwarded to the  County's Tax Director forp processing.  LOCAL STRENGTHS. GLOBAL SUCCESS. P.O, Box 2339, Gastonia, NC 28053-2339 I 704.825.4046 704.825.4066  www.gaston.org  9    Gaston County Economic Development  Commission  GASTON COUNTY Bconomic Development  IV. The Payout Procedure:  Calculation of payout willl be based on the qualifying increase from the prioryear's tax value (base year) and shall  be computed ast follows:  A)  Existing companies qualifying value willl be determined byl looking at all assets in the County, and notj just new investments, to determine base year amounts. The difference between the base year tax value and the grant year tax value willl be the qualifying net new amount. First year payout will be based on 100% of this qualifying amount, times the county tax rate, times the formula percentage. The second-year depreciation for personal propertywill bel based ont the firsty year % good factor as determined from the cost index & trending schedule as prepared by the North Carolina Department of Revenue. For example, a qualifying 2022 grant would use the 2023 trending schedule, and thet total qualifying personal grant value would be considereda a 2022 cost and be depreciated att that % good factor ofa 2022 acquisition. No annual depreciation will be applied to real estate investments. Real estate investments willl bel based ont the current appraised value for the grant year. The duration oft the grant years will be calculated likewise. New companies qualifying value willl be determined by the net new taxable investment made to the county. The first-year payout will be based on the depreciated personal property value and 100% of the increase in real estate tax value due to improvements. The second-year payout will be based on one year's depreciation for personal property as derived from the use oft the North Carolina Department of Revenue cost index & trending schedules. No annual depreciation will be applied to real estate investments. The  B)  subsequent remaining years oft the grant willi follow the same format.  After all taxes have been timely paid, and any & allt tax value appeals resolved, the Tax Director's office will notify the Gaston County Finance Department to remit payment to the taxpayer. Grant payouts will continue to be paid on any assignment or ownership changes but only for the remainder of the existing grant. Any additional All qualified Incentive Grant checks will be processed (PAID) on or about July 31 beginning the year after an application is made. Ifannual taxes are not paidi in a timely manner, by, January 5 each year during the grant period,  investment will require a new grant under the new owner's name.  the grant will bet terminated, and applicant willb be notified.  LOCAL STRENGTHS. GLOBAL SUCCESS. P.O. Box 2339, Gastonia, NC 28053-2339 - 704.825.4046 704.825.4066  www.gaston.org  10    Gaston County Economic Development  Commission  GASTON COUNTY Ecgrigwlc Dovalepmnt  V. Definitions:  Pre-existing Assets - Assets, either real or personal, already located in Gaston County prior to ownership by  grant applicant.  EDC - Gaston County Economic Development Commission  Gaston County Commissioners The body of elected officials, whichg governs budget, policy, and procedures Real Property - Any land, buildings, improvements, permanent fixtures, and rights & privileges belonging Personal Property- - Alli items not permanently affixed tot the real property, and are typically depreciated over time (i.e. machinery & equipment, furniture & fixtures, computer equipment, leasehold improvements, and County Application - the official forms (G-1, G-2, and G-3) approved by the EDC and the Gaston County Commissioners, for which the applying business requests consideration for their recent investments toward  in Gaston County. thereto.  construction in process (CIP).  the County's Investment Grant Program.  Foreign location - any location existing outside Gaston County boundaries  GCIGPyers1.381600, revised 11/27/01, 1/9/02, 1/8/03, 2/16/2005, 2/10/2006, 2/207,22609,4510; 1/25/13, 12/10/13, 2/9/15, 1/11/16, 1/24/17, 1/15/18,  1/3/19, 1/6/23,5/11/23  LOCAL STRENGTHS. GLOBAL SUCCESS. P.O. Box 2339. Gastonia, NC 28053-2339 I 704.825.4046 704.825.4066  www.gaston.org  11    TOWN OF DALLAS, NORTH CAROLINA  REQUEST FOR BOARD ACTION  DESCRIPTION: 208 N. Holland St. Renovations  AGENDA ITEM NO.3B BACKGROUND INFORMATION:  MEETING DATE: 10/24/2023  The CMAR (Construction Manager at Risk) has completed their assessment oft the building at 208 N. Holland St. During the assessment, they discovered structural issues that affect the projected cost oft the renovation significantly. With the ever increasing need for work space at Town Hall, aj presentation will be made by the. Architect firm to show a variety of options to incorporate renovations to that building and to potentially expand the existing Town Hall building. With the growth in Dallas and thei need for additional work space, these options can be The Town received $180,000 in SCIF (State Construction and Infrastructure Fund) Grants  considered when making the final decision.  toward this project.  MANAGER RECOMMENDATION: BOARD ACTION TAKEN:  12    TOWN OF DALLAS, NORTH CAROLINA  REQUEST FOR BOARD. ACTION  DESCRIPTION: Annexation Request - Parcel ID# 214259  AGENDA ITEM NO.3C BACKGROUND INFORMATION:  MEETING DATE: 10/24/2023  Spencer McNab ofE BGE, Inc., on behalfofGaston Area Lutheran Fund, Inc., property owener, submitted a voluntary annexation petition on 6/12/2023. The petition is for voluntary contiguous annexation of aj portion ofGaston County Parcel #214259 into the Town of] Dallas in order to This application was submitted, along with rezoning petition Z-2023-02, requesting the Residential R-5 Zoning District. This entire 18.61-acre parcel is highlighted for new: residential Staff was directed to investigate the sufficiency of the petition to determine ifiti meets the standards of 160A-31 at the Board of Aldermen Regular Meeting on July 11,2 2023. Attached is the annexation petition, parcel information, and the Certificate of Sufficiency for  develop the entire property for single family residential  development in the 2030 Future Land Use Plan.  review.  MANAGER RECOMMENDATION: BOARD ACTION TAKEN:  13    DocuSign Envelope ID: 91B81AC9-FF9C-43D6-8C8C-A69CB6514301  TOWN OF DALLAS, NORTH CAROLINA PETITION FOR ANNEXATION  PETITION NUMBER: DATE:  Contiguous  Non-Contiguous FEE: $550.00 Requested Zoning: R-5  CurrentPropertyUse: Vacant/Wooded Planned PropertyUse: Single-Family Residential To the Board of Aldermen of the Town of Dallas:  We,theundersgnedownersofrealpropervyrepecttulyreguestnatneareadescribedas  OShepherds Way Drive parcel IDI #s 214259 and 214260 Print owner name(s) and, information:  DALLAS, NC28034, further identified as ap portion of bea annexed toi thel Town of Dallas.  Gaston Area Lutheran Fund, Inc Representative: Graham Bell  Name. Name Address Name Address  Phone 704-922-8124  Address 916 S. Marietta St. Gastonia, NC 28054  Phone Phone  Attachments included with Petition:  1. Legal description (as noted in propertydeed) 2. Letter outlining reasons for annexation request 3. List of Abutting Property Owners 4. Survey or Plat suitable for recordation  5. $550Fee  Docusignedly: -501CC767DC7498-  Owner's Signature: ERp2  Date: 7/26/2023 Date: Date: Date:  Owner's Signature: Owner's Signature: Received By:  14    $Z2   oBjo@  15    A: : :  :  BBDPBBBBBBBBDE  16    LEGALDESCRIPTION TRACT1 FOLLOWS;  ALL' THAT REAL PROPERTY LYING IN THE COUNTY OF GASTON, ALL IN THBTOWNSHIP OFDALLAS, AND MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS  BEGINNING AT AN EXISTING NGS MONUMENT GAS 5 (PID FA1495) HAVING. A NORTH CAROLINA GRID - NAD QOI)COORDINATES OFI N=579,951.271 FEET, E-1,345,922.28 FEET; THENCE N7 73° 46'57" W,A GROUND DISTANCE OF 1,469.44 FEET (GRID DISTANCE OF 1,469.21 FEET, COMBINED GRID FACTOR = 0.99984337) TO A SET #5 REBAR WITH CAP, AT THE NORTHEASTERLY CORNER OF THE LANDS OF HOSPICE OF GASTON COUNTY (DEED BOOK 4128, PAGE 1979 GASTON COUNTY REGISTRY), HAVING Al LOCAL GROUND THENCE N3 35° 49' 03' W,A DISTANCE OF 31.201 FEET, TO AN EXISTING #4 REBAR; THENCE N 32° 55'3 37" W, AI DISTANCE OF 1.141 FEET, TO AN EXISTING #4 REBAR AT THE SOUTHWEST CORNER OF THE LANDS OF UNNIKRISHNAN P. VASUDEVANNAIR (DEED BOOK 5051, PAGE 2267, BEINGLOT 17 OF PLAT BOOK 27 PAGE 50, GASTON COUNTY THENCE N3 35° 50' 33" W, AND WITH THE WEST LINE OF THE LANDS OF UNNIKRISHNAN P. VASUDEVANNAIR, A DISTANCE OF 152.10. FEET, TOAN EXISTING NAIL ATI BASE OF AN EXISTING 1 INCH BENT PIPE, ATTHE SOUTHWESTERLY CORNER OF THE LANDS OF LANNY NEIL SMITH (DEED BOOK 525 PAGE 2412, GASTON COUNTY REGISTRY); THENCE N3 35° 44' 21" W, AND WITH THE WESTERLY LINE OF THE LANDS OF LANNY NEIL SMITH, Al DISTANCE OF 99.69 FEET, TOAN: EXISTINGIINCH BENT IRON PIPE; THENCE N 35° 42' 33" W, AND CONTINUING WITH THE WESTERLY LINE OF THE: LANDS OF LANNY NEIL SMITH, Al DISTANCE OF 99.90 FEET, TO A SET NAIL ATTHE BASE OF AN EXISTING 1/2 INCH BENT IRON PIPE, AT THE SOUTHWESTERLY CORNER OF THE LANDS OF ROBERT M. HOLLAND (DEED BOOK 2289 PAGE 109, GASTON COUNTY REGISTRY); THENCE: N 35°4 46' 14" W, WITH THE WESTERLY LINE OF THE LANDS OF ROBERT: M. HOLLAND (DEED BOOK 2289 PAGE 109, AND THE LANDS OF GREGORY: PUETT DEED BOOK 5384 PAGE 888 BOTH OF GASTON COUNTY REGISTRY), PASSING A SET #5 REBAR WITH CAP AT 194.99 FEET, AND CONTINUING ANOTHER 5.00 FEET TOA COMPUTED POINT INSIDE A TREE, AND CONTINUING ANOTHER 7.00 FEET TO A SET #5 REBAR WITH CAP AND CONTINUING ANOTHER 192.99 FEET FOR A TOTAL DISTANCE OF 399.98  COORDINATE OF N: = 580,361.664 FEET AND E: = 1,344,511.308 FEET;  REGISTRY);  17    FEET, TO AN EXISTING AXLE, SAID EXISTING AXLE BEING THE TRUE POINT OF  BEGINNING;  THENCE N3 35° 45' 35" W, AND WITH THE WESTERLY LINE OF LOT5 5, PLAT BOOK 5PAGE 92 GASTON COUNTY REGISTRY, PASSING A SET #5 REBAR WITH CAP AT 18.35 FEET, AND CONTINUING ANOTHER 63.53 FEET TO A SET #5 REBAR WITH CAP, AND CONTINUING ANOTHER 18.35 FEET, FOR A TOTAL DISTANCE OF 100.23 FEET TO. A1 1I INCH PINCHED IRON PIPE WITH WITNESS POST AT THE SOUTHWESTERLY CORNER OF THE LANDS OF SAMMEY CREEK DALLAS, LLC (DEED BOOK 5388 PAGE 1904, PLAT BOOK 99 PAGE 5); THENCE N' 73°27' 08" E, WITH THE SOUTHERLY LINE OF SAMMEY CREEK DALLAS, LLC (DEED BOOK 5388 PAGE 1904 PLAT BOOK 99 PAGE 5), Al DISTANCE OF 294.81TOAN THENCE: N' 73°2 27' 08" E, AND CONTINUING WITH THE SOUTHERLY LINE OF SAMMEY CREEK DALLAS, LLC., A DISTANCE OF 198.12 FEET TO. AN EXISTING 1-1/2 INCH IRON PIPE; THENCE N 73° 24' 09"E, AND CONTINUING WITH THE SOUTHERLY LINE OF SAMMEY CREEK DALLAS, LLC., A DISTANCE OF 393.25 FEET, TOA SETNAIL ATTHE BASE OF AN EXISTING BENT #4 REBAR IN THE WESTERLY LINE OF DALLAS-HIGH SHOALS HIGHWAY (NCHIGHWAY#S5, AS SHOWN INI PLAT BOOK 741 PAGES 58-59 GASTON COUNTY THENCE: S35039 36" E, AND WITH THE WESTERLY LINE OF DALLAS-HIGH SHOALS HIGHWAY (NCI HIGHWAY #155), PASSING AN EXISTING CONCRETE MONUMENT AT1 18.20 FEET, AND CONTINUING ANOTHER 63.44 FEET TO. AN EXISTING CONCRETE MONUMENT, AND CONTINUING ANOTHER 18.24 FEET, FOR A' TOTALI DISTANCE OF 99.88 FEET,TOA THENCE S 72° 46' 53" W, AND WITH THE NORTHERLY LINE OF THE LANDS GREGORY PUETT (DEED BOOK 5384 PAGE 885) OF A DISTANCE OF 148.63 FEET, TO A SET NAIL. AT THENCE S 73°32' 24" W, AND WITH THE NORTHERLY LINE OF THE LANDS GREGORY PUETT (DEED BOOK 5384 PAGE 888 GASTON COUNTY REGISTRY), AI DISTANCE OF 737.29 FEET TOAN: EXISTING AXLE, SAID EXISTING AXLE BEING THE TRUE POINT OF  EXISTING 3/4 INCH IRON ROD;  REGISTRY;  SET NAIL. AT THE BASE OF AN EXISTING BENT #4 REBAR;  BASE OF EXISTING 1-1/2 INCH BENT IRON PIPE;  BEGINNING;  THE. ABOVE DESCRIBED LOT CONTAINS 1.937 ACRES AND IS SHOWN IN A PLATTITLED ALTA/NSPS LAND' TITLE LOCATION & BOUNDARY SURVEY OF: GASTON. AREA LUTHERAN FOUNDATION, INC. DB 42181 PG2 2058, AND DB 4633 PG377", AND LABELED AS ANNEXATION  AREA 1,1 BY CESI, CESIJOB NUMBER 230364.000  18    LEGAL DESCRIPTION TRACT2  ALLTHAT: REAL PROPERTY LYING IN THE COUNTY OF GASTON, ALL IN' THE' TOWNSHIP OF DALLAS, AND MORE: PARTICULARLYDESCRIBED BY METES AND BOUNDS AS FOLLOWS; BEGINNING AT. AN EXISTING NGS MONUMENT GAS 5( (PIDI FA1495) HAVING. Al NORTH CAROLINA GRID a NAD BQ0I)COORDINATES OF N=579,951.27 FEET, E= 1,345,922.28 FEET; THENCE N73°46' 57" W, A GROUND DISTANCE OF 1,469.44 FEET (GRID DISTANCE OF 1,469.21 FEET, COMBINED GRID FACTOR = 0.99984337) TO. A SET #5 REBAR WITH CAP, AT THE NORTHBASTERLY CORNER OF THE LANDS OF HOSPICE OF GASTON COUNTY (DEED BOOK 4128, PAGE 1979 GASTON COUNTY REGISTRY,HAVING A LOCAL GROUND COORDINATE OFN= = 580,361.664 FEET AND E=1,344,511.308: FEET; THENCE S 76° 45' 12' W, AND WITH' THE: NORTHERLY LINE OF HOSPICE OF GASTON COUNTY (DEED BOOK 4128, PAGE 1979 GASTON COUNTY REGISTRY), A DISTANCE OF 1,350.06F FEET, TO A SET #5 REBAR WITH CAP, IN THE LINE OF GASTON AREA LUTHERAN FOUNDATION, INC. (DEED BOOK 4633 PAGE: 377 GASTON COUNTY REGISTRY); THENCE N 01°3 37' 55" W, AND WITH THEI LINE OF GASTON AREA LUTHERAN FOUNDATION, INC. (DEED BOOK 4633 PAGE 377 GASTON COUNTY REGISTRY), PASSING AN EXISTINGI #4 REBAR AT: 30.63 FEET, AND CONTINUING ANOTHER 485.29 FEET, FOR A TOTALI DISTANCE OF 515.92 FEET, TO AN EXISTING #4 REBAR BESIDE A BOLLARD; SAID EXISTING #4 REBAR  BESIDE A BOLLARD BEING THE TRUE POINT OF BEGINNING;  THENCE S 890 05' 43" W, AND CONTINUING WITH THE LINE OF GASTON AREA LUTHERAN FOUNDATION, INC. (DEED BOOK 4633 PAGE: 377 GASTON COUNTY REGISTRY), PASSING A SET #5 REBAR WITH CAP AT AI DISTANCE OF 307.10 FEET, AND CONTINUING ANOTHER 5.00 FEET, FOR. A TOTAL DISTANCE OF 312.10 FEET, TOA COMPUTED POINT INSIDE. A 25 INCH THENCE N 09° 30' 18" W, AND WITH THE LINE OF LGI HOMES-NC LLC (DEED BOOK 5298 PAGE: 2157 GASTON COUNTY REGISTRY), PASSING A SET #5 REBAR WITH CAP AT5 5.00 FEET, AND CONTINUE ANOTHER 360.20 FEET, FOR A' TOTAL DISTANCE OF: 365.20 FEET, TO. AN EXISTING 1-1/2 INCH IRON PIPE WITH A CENTER NAIL PLUG, SAID EXISTING 1-1/2 INCH IRON PIPE WITH A CENTER NAIL: PLUG BEINGN75° 46'4 46" E, AND DISTANT 48.58 FEET FROM. AN EXISTING #4 REBAR, AND. ALSO BEING S 09° 16' 43"E E, AND DISTANT: 34.31 FEET THENCE N 73022'3 36" E, AND WITHTHE SOUTHERLYLINE OF SAMMEY CREEK DALLAS LLC (DEED BOOK 5388 PAGE 1888 GASTON COUNTY REGISTRY), A DISTANCE OF 350.22 FEET,  OAK TREE;  FROM A 3/4 INCH IRON ROD; TO. A SET #5 REBAR WITH CAP;  19    THENCE; S 04° 36'5 59" E, AND: INTO' THE LANDS OF GASTON AREA LUTHERAN FOUNDATION, INC. (DEED BOOK 4633 PAGE: 377 GASTON COUNTY REGISTRY), Al DISTANCE OF 456.93 FEET, TOAN: EXISTING #4 REBAR BESIDE A BOLLARD, SAID EXISTING #4 REBAR BESIDE A  BOLLARD BEING THE TRUE POINT OF BEGINNING;  THE. ABOVE: DESCRIBED LOT CONTAINS 3.090 ACRES AND IS SHOWN IN A PLAT TITLED "ALTA/NSPS LAND TITLE LOCATION & BOUNDARY SURVEY OF: GASTON AREA LUTHERAN FOUNDATION, INC. DB 4218PG:2058, AND DB 4633 PG377", AND LABELED AS ANNEXATION  AREA 2, BY CESI, CESI. JOBI NUMBER 230364.000  20    Doc Recorded: ID: 011095870004 Type: CRP Fee Amt: $692.00 05/03/2008 at 04:20:14 PM Excise Tax: 1.tg0 1of4 Instr# 200600080797 Gaston, NC Susan S. Lockridge Register of Deed: 4218-2058-2061  23W  RECORDINGFEE. EXCISBTAXPAID IG7  NORTH CAROLINA GENERAL WARRANTY DEED  Excise" Tax: Parce! Identifier No. By  669.00  Verified by.  20  Mail/Box to: Grantee @ 435 Collier Street.  Thisi instrument was prepared by: Briefdescription: for thel Index: THISI DEED made  Richard  27th this GRANTOR  Di    2006 bya and between  GRANTEE  Hope Lutheran School, Inc.  Gaston Area Lutheran Foundation, Inc.  Enter in appropriate block for Cack parys-naphe, address, and, if appropriate, character of entity, e.g. corporation or partnership. WIFNESSETH, that the Gptorravalu.ble consideration paid byt the Grantee, the receipt of whichi is hereby acknowledged, has and by these presents does grantoargain, sell ando convey unto the Grantee ini fee simple, all that certain lot or parcel ofl land situatedi in  The designation Grantor and Orapteersysed :  herein shalli includes said parties, their heirs, successors, and assigns, ands shalli include  singular, plural, mas.tline, feminneorn neuter as required by context. North Carolina andi more partiçularly described asf follows: see attached Exhibit A  the City of_  Dallas  Township,. Gaston  County,  Thej property hereinabove described was acquired by Grantor by instrument recorded in Book 3396  page. 323  AI map showing the above described property is recorded inj Plat Book_ NCI Bar Association Form No. 30 1976, Revised e 1977, 2002 Printed by Agreement with the NCI Bar Association 1981  page.  +. James Williams & Co., Inc. www.ameWlams.com  21    EXHUBIT. A  BEGINNING at an iron at the western terminus of the northern margin of Gaston Way, and running thence South 36-00-001 East 31.57 feet to aj point int the center line ofa 60- foot easement described in Book 4128 at Page 1995; and running thence with the northem line oft the property conveyed tol Hospice of Gaston County, Inc., by deed recorded in Book 4128 at Page 1979, Gaston County Registry, South 76-31-32 West 1,350.09: feet to a point in the eastern line ofW. Summey as described inl Book 1946at Page 708; thence North 01-53-07 West 516.00 feet to an iron; thence South 88-38-45 West 311.10: feet to aj poplar tree, cormer with the property ofP. Summey (Book 1388 at Page 98); thence withl P. Summey'sl line North 09-50-21 West 366.80: feet to an iron in the line ofG. F. Summey (Book 11 at Page 287); thençe with the MheofG. F. Summey, North 73-10-21 East 1,113.68 feet to an iron, corner with the propertyofB. Knley as described in Book: 388 at Page 249; thence South 36-00-00 Eg53.yectt tot the point and place ofl Beginning, and containing 26,76 acresmoro ressrhef foregoing description ist taken from plat ofs survey made by David Wpickson, Registered Surveyor, dated February 21, 1996, and is the mortbagortivnofaat; property conveyed to Hope Lutheran Schoal, Inc., by deed recorded Book 3396a Page 323, Gaston This conveyance iss subject to an easemeii foringress, egress and regress to Gaston Way as described in instrument recorded iny Book M28 atP Page 1995, Gaston County Registry. By the execution oft this deed, eGranfor cèrfies that it has complied with all provisions of that certain Agxemer-ecordedi in Book 4128 atl Page 1983, Gaston County Registry, andi is hotiputoyake this conveyance.  County Registry.  22    EXHIBITB  This property is conveyed: subject to the following çonditions:  (1) In the event that Gaston Area Latheran Foundation, Inc., determines that itis willing tos sell, exchange, assign, transfer or otherwise alienate all or any portion oft the property to a buyer whoi intends to use the Property for any purpose other than religious, church or worship activities or by a church affiliated agency in accordance with the terms ofal bona fte written offer made to or by Gaston Area Lutheran Foundation, Inç. orHupLutheran School, Inc., then Gaston Area Lutheran Foundation ashallovide Hospice of Gaston County, In., with a completçandl Iegibinte copy ofs such offer within ten (10) business days of Gaston Areal Lahgranoundation, Inc.' 's making or receipt ofs same. Upon delivergite-guhel by Gaston Area Lutheran Foundation, Inc., to Hospice ofGaston Gouny, Inc., within a period oft thirty (30) days thereafter, HospiegofCaston Gounty, Inc., shall have the right to acquire from Gaston Artcautaion, Inc., thel Property (or applicable portion thereof) onee exacti meterial, terms and conditions (including the price amdoypifupidemiona and including thej property description) set forth insch bonafide offer. Failure of Hospice ofGaston County, Inc., to exerclseitsEght oFirst Refusal within thirty (30) days after receiving such bonafidevwritten offer from Gaston Area Lutheran Foundation, Inc., shall waivgsuchi RightogFirst Refusal, and Gaston Area Lutheran Foundation, Inç,shall befree to convey the Property to said bona fide offeror on the exabmaerial tesnas and conditions ofs said offer. (2) Gastop.Areal BypcrmfFoundation, Inc., by the acceptance oft this deed, grants toulafahon., Inc., the right, at any time within three (3); years followinsthe date oft this deed, to repurchase upt to six (6) acres of the above descricedi property at the same price per acre as was conveyed herein by this deed; PROVIDED THAT, Gaston Area Lutheran Foundation, Inc., shall detewnte, ini its sole discretion, the location ofs such tract (up to six acres) within the above described property, and the said tract tol be reçonveyed to Hope Lutheran School, Inc., shall be one contiguous parcel.  23    b  TOHAVEI ANDTOHOLD: thes aforesaid lot or parcel oft landa and allj privileges and appurtenances thereto belonging tot the Grantee inf fee simple. Andt the Grantor covenants witht thet Grantee, that Grantori iss seized oft the premises in fees simple, has the right to convey thes samei int fee simple, that titlei ist marketable and free and clear ofa all encumbrances, and that Grantor will warrant and defend the title against the  lawful claims of all persons whomsoever, other than the following exceptions: Rights set out in Exhibit B attached hereto. Easements, restrictions and rights of way of record.  IN' WITNESS WHEREOF, the Grantor has duly executed the foregoing As of the day and year first above written.  HOPE LUTHERAN SCHOOL, INC. (Entity Name) wHaoyslyas Title: Chamgn  (SEAL) (SEAL) (SEAL) (SEAL)  George H. Rogers, Sr., Chairman of the  By: Board Title: By: Title: SEAL-STAMP  State ofl North Carolina-Countys of acknowledgedi the duee hand: andl Notarial - MyCommission! Eapints State ofl North Cnyet of  M-ST ffresaid,certifyt that_  personallyappeared beforer met thisdaya and swuéntf fort thep purposes therein expressed. Witness my  dayof Notary Public  20_  SEAL-STAMP  ph-aw. and State aforesaid, certify that George H. Rogers, Aa of Board of Hope Lucheran School, Inc.  Sr. North olu  personally came before me this day and  corporation/lh Spgume  OR4 aigned te-lorgoing instrument tampo ors sealt this_ Emonmmisiont Bpiwd-a-og  Teal te and that by authority dply given and asthe.act ofe each entily, oni its behalf as i act and dped. Witness my hand and  dayof. ppuf lodu Notap/Public  20060  ock  SEAL-STAMP : State of) North Carolina County of  myyM.day ands State aforesaid, certifyt that  Witness my! hand: andl Notarials stamp ors seal this MyCommission) Expires:  dayo of Notary Public  20_  The foregoing Certificate(s) of  is/are certified tol be corect.  Thisi instrument and this certificate are duly registered at the date and time and jrthe Book and Page shown on the first page hereof.  Register of Dpeds for DeputylAsistant- Register of Deeds  County  By:  NCI Bar Association Form No. 3 e 1976, Revised e 1977, 2002 Printed by Agreement witht the NCI Bar Association- - 1981  . James Williams & Co., Inc. www.ameWillams.om  24    CERTIFICATE OF SUFFICIENCY  Tot the Board of Aldermen oft the Town ofDallas, North Carolina:  I, Sarah Ballard, Town Clerk dol hereby certify that I have investigated the petition attached hereto and have: found as ai fact that said petition is signed by all owners oft real property lyingi in In witness whereof, Ihave hereunto set my hand and affixed the seal of the Town ofDallas,  the area described therein, in accordance with G,S. 160A-31. this le Day of_ pchls 2003.  SEAL  SanllBallad  Town Clerk  Re: Shepherd's Way Annexation- PID:214259,214260  25    TOWN OF DALLAS, NORTH CAROLINA  REQUEST FOR BOARD ACTION  DESCRIPTION: Rezoning Request Z-2023-02  AGENDA ITEMNO.3D BACKGROUND INFORMATION:  MEETINGDATE: 10/24/2023  Adam Morman with Smith Douglas Homes has submitted a rezoning request for Gaston County Parcels 214259, 214260, and 2125671 to be rezoned from Residential R-10 and R-1 (Gaton County) to CD-R-5. The applicant has already held a community meeting and' TRC with Staff. At the meeting on September 21, the Planning Board voted to send a recommendation to the Board of Aldermen to approve the rezoning request, along with statements of consistency and All supporting documentation for the application is attached, including minutes from the Planning Board meeting, and consistency and reasonableness statements. The included site plan  reasonableness for thei rezoning.  reflects revisions based on input from Staff and the Planning Board.  MANAGER RECOMMENDATION: BOARD ACTION TAKEN:  26    DocuSign Envelope ID: 9E6C3226-1C26-4491-A18-FFCE7E2747EB  Town ofI Dallas Zoning Map Amendment (Rezoning) Application  Town ofDallas Development Services Department 210 N. Holland Street Dallas, NC 28034 Phone (704)922-3176, Fax (704).922-4701  This application must be filed at least thirty (30) days prior to the next scheduled Planning Board Meeting. The application may be submitted in-person, via mail, or digitally to the Town of Dallas Development Services Department at 210 N. Holland Street, Dallas, NC: 28034, lasplmng@alamenst Application shall not be deemed complete until the necessary fee, as defined in the Town of Dallas Fee Schedule, and all required documents are received.  Conventional Submittals: A. Completed application  B. Fee as described in the Town of Dallas Fee Schedule . Letter ofintent - reason for map amendment  D. Adjacent Property Owner List -1 provide a copy of addresses for all property owners within 500 feet of the site. The Town will use this list for Public Hearing Notices  Conditional Submittals: A. Completed application  B. Fee as described in the Town of Dallas Fee Schedule C.I Letter ofintent - reason for map amendment  D. Adjacent Property Owner List - provide a copy of addresses for all property owners within 500 feet oft the site. The Town will use this list for Public Hearing Notices. E. 3 copies of Concept Plan along with digital submittal (drawn to scale by architect, landscape architect, professional surveyor, or engineer licensed in North Carolina). a. Concept Plans shall not be accepted ift they do not meet the requirements found in F. Traffic Impact Analysis, ifr required. Refer to Town of Dallas Street and Traffic Standards G. Authorized agent verification letter, ifapplicant is different from the property owner  153.072  Policy  27    DocuSign Envelope ID: 9E6C3226-1C26-4491-A184-FFCE7E2747EB  Town of Dallas Zoning Map Amendment (Rezoning) Application  Physical Property Address OShepherds Way Drive Tax Parcel Numbers 214259, 214260, and 212567 Current Zoning. R-1 (Gaston County)  Lot Size+-61.83AC  Requested Zoning R-5 Conventional  Conditional  Property Owner(s) Gaston Area Lutheran Foundation, Inc Representative: George Rhyne  Owners Address 916 S. Marietta St. Gastonia, NC 28054  Phone Number 704-922-8124 (attach separate sheet ifnecessary) Ifdifferent than owner:  Email Address eogenynelulegmalcon  Applicant Name Smith Douglas Homes Representative: Adam Morman  Applicant Address P.O. Box 311 Midland, NC 28107  Phone Number 240-575-4320 (attach separate. sheet ifnecessary) Signature of Applicant  Email Address momangsmemougescom  DocuSigned by: Rdan Moruan Docusignedby: 866288AEA456. 04E3FEA49F4D4.  Signature of Owner Gor Rue  StaffOnly:  Date of completed application Planning Board Meeting Date Public Hearing Meeting Date  Received by  28    DocuSign Envelope ID: 9E6C3226-1C26-4491-A184-FFCE7E2747EB  August 30, 2023 Town of Dallas Development Services 210N. Holland St Dallas, NC: 28034-1625 RE: Shepherds Way Subdivision 0S Shepherds Way Drive PID #s 2.4259,21256/,214260 Dear Town of] Dallas Development Services,  George Rhyne  representative of Gaston Area Lutheran Foundation Inc. (Property  owners of parcel #s 214259,212567, and 214260), would like to submit this letter as permission for Smith Douglas Homes (dba; SDH Charlotte, LLC) to submit the above referençed project for annexation, rezoning, subdivision, and land disturbance on our behalf as Petitioner /R Representative to the' Town of  Dallas, NCDOT, and NCDEQ.  Sincerely, --Dousignedby: Gary Rupu  Representative, U4E3 FEA4UFADA Gaston Area Lutheran Foundation, Inc.  Name: George Rhyne Date: 8/30/2023  29    ppeERZ ACRP/ONI AVME SOMEIHdEHS  NOH vipnod HWS  NVIJONINOZAN WNOWLIGNOO  EDE  MLE a  @  -  0 &  8y  30    Staff Report  Zoning Map Amendment Petition: Z-2023-02  Applicant: Adam Morman, Smith Douglas Homes Property: Parcels 214259, 214260, 212567 Current Zoning District: Front/Rear Setbacks 351 feet Side Setbacks Minimum Lot Area Minimum Lot Width  Authorized. Agent: Smith Douglas Homes Owner: Gaston Area Lutheran Foundation, Inc. Requested Zoning District: Conditional District R-5 Front/Rear Setbacks 25 feet Side Setbacks Minimum! Lot Area Minimum Lot Width 501 feet  R-10  101 feet 10,000sq feet 801 feet  8f feet 5,500sq feet  Proposed Development: Smith Douglas is petitioning to rezone the subject properties, proposing to build a maximum of 106 singlet family detached houses concentrated on the eastern portion of thes site. General Location: The proposed development isl located on Gaston County Parcels 212567, 214259, and 214260 located in the northwest section of town. The primary access point for these properties Shepherd's Way Drive off Dallas High Shoals Highway. The site is bordered by Summey Creek and Little Long Creek Developments tot the north and west, Summey Knoll Subdivision to the southwest, The Robin  Johnson Hospice House tot the south, and low density residential to thee east.  Area Zoning Map  Little Long Creek.  CPR-5  Summey Creek R-5  Robin Johnson! House  Summey Knoll  31    Staff Analysis: The majority oft the propertyi is located within the town! limits within the Residentiall R-10 zoning district. There are two small areas of the site which are outside town limits, both assigned Gaston County Residential R-1 density. The applicant is also requesting to bringt these sections oft the sitei into This project is consistent with the overall growth and development in the area. Iti is adjacent to the Summey Knoll subdivision to the south, and adjacent to thei future residential developments Little Long Creek and Summey Creek to the north. However, even with the close proximity there will be no connectivity to either area due tot the larger amount of coverage from the! Special Flood Hazard Area (SFHA). Any development within the designated SFHA requires floodproofing and, in many cases, at full  thet town under annexation petition A-2023-01.  flood study showing no impact to areai flood height.  Floodplain Coverage  Regarding the Robin. Johnson Hospice House. Ini this instance, connectivity may have been less desirable to mitigate higher traffic impacting the hospice house. The proposed single-family development is al low impact development to the area, andi the applicant's decision to go with ac conditional district shows what type of housing willl bei in the area and eliminates the possibility for higher density housing such as This area off Dallas High Shoals Highwayi is experiencing heavy development, andi traffic impact needs to bei taken into consideration. There are offsite improvements from thel Little Long Creek and Summey  apartments andi townhouses.  32    Creek developments north of this project. The applicant has prepared a Technical Transportation Memorandum (TTA). Per the TTA1 traffic counts willl be relatively low and not cross the threshold Comprehensive Land Use Plan: The proposed development is consistent withi the Town's adopted 2030 Comprehensive Land Use Plan. Ont the Future Land Use Mapi the sitei is located within the Residential- Single Family and Recreational Open Space categories. With the large dedicated Open Space area left undisturbed the project is consistent with the Town's desired growth ini this area.  established in the Town's policy requiring at full Traffic Impact Analysis.  Futurel Land Use Map: 1  Recreational Open Space  Residential - Single Family  Staff Recommendation: After discussions with the developer and review of the site, staff recommends approve the petition as presented on the current revised plan. The single family residential willl be low impact ont the surrounding areas and provide much needed additional housing tot the community.  33    Minutes Town of Dallas Planning Board Meeting of September2 21, 2023  The meeting was called to order at 6:30 pm by Chairman Wilson.  Members present: Curtis Wilson. Chairman, Reid Simms, Troy' Traversie, Glenn Bratton, Thomas Also present: Brian Finnegan - Development: Services Director, Adam Morman- - Smith Douglas Homes, Joe Padilla - Smith Douglas Homes, Spencer McNab- - BGE, and. Joe Griffin-Citizen Approval of Agenda: A motion was made to approve the agenda by O'Daly, seconded by Bratton, and Approval of Minutes: A motion to approve the. August 17,20231 minutes with corrections made by  Smith, and John O'Daly.  the motion passed unanimously.  Bratton, seconded by Smith, and the motion passed unanimously. A) Rezoning of Shepherd's Way- - Z-2023-02  Old Business:  Finnegan introduced the petition by informing the Board the applicant has altered the original request and thej petition is now requesting CD-R-5. Att the previous meeting. the Board asked for more information about the surrounding area, and ini response to this Finnegan showed the offsite traffic improvements required from thé neighboring development as well as a more detailed map showing Padilla andl McNab presented the updatèd application and site plan for thej proposed development. Morman went over the monotony rule and the elevation. choices that Smith Douglas offers. The developers mentioned: they are. working with hospice to potentially upgrade and expand the Bratton asked what was going mn the active open space on the east side oft the development. Padilla explained: it was yet tol be detèrmined until they know more about the customer base for this project. They don't want toj propose at tot lot if they are seeing mostly retired homebuyers with no small Simms asked ift the existing Shepherd's Way Dr was going to be dug up and completely removed. Morman responded saying it would and that there are no existing utilities int thel ROW now, so to install the required utilities the existing road would have tol be removed and repaired anyway. Much oft the discussion centered around traffic flow and access points. Concern was raised about distressed family members find their way through a residential community to reach the hospice house. Additionally, there was concern about free flow traffic to Gaston Way. Finnegan pointed out the public safety departments had no objects to the street layout as proposed given the main route was on collector roads. Padilla mentioned thej possibility of changing the Gaston' Way connection toa gated emergency access point. Ultimately it was decided the main collector road would be rerouted to create a more direct route to the hospice house from Shepherd's Way, and if the: second access point  the floodplain coverage ont the subjectsite.  wayfndingsignage for thè facility.  children.  isn needed then it will be equipped with the emergency gate with knocks box.  2  34    Finnegan presented the notes from aj previous meeting with Faro. Developers agreed street signs will meet NCDOT standards and are willing to discuss potential utility line upgrades per Town policy. O'Daly wanted to ensure: front facades would not be identical andj proposed a certain percentage of the houses in the community have masonry water tables. There was also discussion about having a minimum number of material types per house. Ultimately it was decided to go with 40% of! houses in  Some additional points were added to the list of conditions and allowances.  the community willl have a masonry water table on the front façade. Finnegan read the list of allowances and conditions. Thel list included:  Relief from minimum block length from 400ft to 250ft where driveway access was only on Open Space requirement ai minimum of 1 acre with an overall increase of passive open space Any access to Gaston' Way will have an emergency gate with knocks box Monotony rule for front facades as presentedi in the application 40% of homes in the community willl have masonry water tables on the front façade Ifremaining the cul de sac on the east side oft the development will have ROW designation extended toj property line with "future road" signage installed Private road re-alignment will be installed with equal infrastructure of existing private drive Signage for private drive willl be installed at connection point in cul de sac All street trees in the community will be maintained by the HOA  one side oft thes street Valley curb throughout from 15% to near 70%  or better  Wayfinding for hospice willl bei installed throughout and included in street sign requirements  O'Daly made a motion to send a recommendation to approve the rezoning petition with the site plan alterations discussed in the meeting and list of conditions'a and allowances to the Board of Aldermen with  the following statements of consistency and reasonableness:  STATEMENTS OF CONSISTENCY ANDI REASONABLENESS FOR ZONING MAP AMENDMENT The proposed rezoning from R-10: zoning district to CD R-5 is consistent with the 2030 Comprehensive Land Use Plan. The property is located within as single-family residential area on the future land use plan with opportunity to develop single-family attached andi multi-family housing. There is also R-5 in the surrounding area and this will increase development potential of thej property and is therefore a reasonable  request and in the Town's! best interest. Bratton seconded, and the motion carried unanimously. B) Annexation of Portion of Shepherd's Way- - A-2023-01  Al brief review of the annexation petition was given since iti is in conjunction with the rezoning petition but no official action was needed on this item. No questions or concerns for annexation were Finnegan stated that annexation clean-up was aj part of thel Rezoning Proposal. There was al brief  raised.  discussion but no questions or concerns were: raised.  3  35    There was no new business on this agenda  Staff Report  Finnegan pointed out that each member was provided a print out on variances and that there willl bea a staff presentation to review findings and procedures at either the October or November regular meeting. Having no further business, aj motion to adjourn was made by Bratton, seconded by Simms, and the  Adjournment  motion passed unanimously. The meeting adjourned at 8:07pm.  Brian Finnegan, Development Services Director  Curtis Wilson, Chairman  4  36    BGE  August 28, 2023  RE: Shepherds Way Drive - Community Notification and Meeting  Dear Dallas Neighbor,  On behalf of Smith Douglas Homes (the Petitioner"), we are providing this letter to the property owners in the vicinity of our proposed rezoning of approximately 61.84 acres, generally located west of Dallas High Shoals Hwy along both sides of Shepherds Way Drive and at the dead end of Gaston Way. The rezoning will bei to R-5 Conditional with the intent of developing a single-family neighborhood. We would like to extend an invite to a meeting to discuss the proposed development. The Town of Dallas Planning and Zoning Department's records indicate that you are either a representative of a registered neighborhood organization The rezoning includes of Tax Parcels # 214259, 212567 and 214260. Included is a vicinity map of the area we are rezoning with the parcel number, adjacent parcel numbers, and acreage for This Neighborhood Meeting will be held nearby and after working hours to provide flexibility in attendance. We invite you to attend the Neighborhood Meeting on Tuesday, September 12th at 5:30 PM. The meeting will be held at the Town of Dallas Civic Building at 206 S Oakland St. Dallas, NC: 28034. Ify you are interested in attending the live presentation and discussion session at the scheduled time, please RSVP by sending an email to SMcNab@B6Einc.com and you will be added to the attendance list. Please reference the petitioner or site location, and include your name, address, and telephone number in your RSVP sO we can record your attendance.  oran owner of property that adjoins or is near our Site.  reference.  Sincerely, Srl Spencer McNab, RLA BGE, Inc.  Project Manager, Planning and Landscape Architecture  Serving. Leading. Solving."M  1111 Metropolitan Avenue, Suite 250. Charlotte, North Carolina 28204-980-220-2322  37    Dallas Neighbor August 28, 2023 Page 2  38    BGE  09/12/2023  Landscape Architect and Planner Spencer McNab, RLA BGE, Inc. 1111 Metropolitan Avenue, Suite 200, Charlotte, North Carolina 28204 Development Services Director Brian Finnegan 210N. Holland St. Dallas, NC2 28034  Developer/Applicant Adam Morman Smith Douglas Homes POI Box 311 Midland, North Carolina 28107 (204)575-4320  Community Meeting Summary Smith Douglas - Shepherds Way Parcels 214259,212567,214260 Dallas, North Carolina  Below is a summary report oft the community meeting held on September 12, 2023 from 5:30- 6:30pm for the Smith Douglas - Shepherds Way project. The landscape architect, Spencer McNab, presented at the meeting to explain thei intent oft the proposed site. The developers, Smith Douglas Homes, were represented Joe Padilla and Adam Morman who presented Smith Douglas' approach to neighborhoods and homebuilding. Each question from community members in attendance is listed below with the corresponding responses. Ifa question was asked multiple times, by other community member(s), this will be stated after thei initial resident's name. A tablei is located at the end ofthis report listing the name of each community member in attendance and their address.  Concern about the hospice entrance. When building, the hospice promised that the Wilson Blvd entrance was just a construction entrance and not intended to have permanent access. However; the road was kept and is used as the primary entrance. This road has lots and Response: We do not own that land and have no control over that road. Wel have committed to creating an entrance through our development to create access to the hospice." Why don' tyou build nicer homes, brick homes on bigger lots? Response: We are proud of our products. We are building to what our research says buyers want. We do both vinyl and] hardy board and specialize in craftsman style homes.' A lot of people do not upkeep their homes, inside or outside. Response: There will be an HOA that regulates that." Are these homes built after the lot is. sold or built and then sold? Response: They are built tol buyer specifications after the loti is purchased."  traffic and I want it closed.  Serving. Leading. Solving."  1111 Metropolitan Avenue, Suite 250 Charlotte, North Carolina 28204: 980-220-2322  39    Smith Douglas Homes- Shepherds Way September 12,2023 Page2  The wetland is to be left alone? 'Response: Yes, it is unbuildable land." What is the minimum square. footage of these homes?  Response: We have not gotten that fari into the process to give you numbers or that. It depends a lot on the floor plan people choose as well. Our ranch style options are popular and those usually have less square footage that a two story. Most of our buyers are young families or move down buyers without children in the home. The lots are 50 feet by 100 feet.' Response: We are expecting 8 foot side setbacks. We find that a lot oft today'sb buyers do not Response: A little over 1001 but that number could drop as we get further into the engineering  50j foot frontage is a small lot. What is the setback? want al lot ofy yard that they will have to maintain." side. The rezoning would allow up to 130." What is the right ofway width? Response: 60 feet on Shepherds Way Drive.' That is not a lot of space. Response: This is the recommended width.'  How many homes?  Ido like the product that you sell. Iamj just worried about iftrafic willi increase. It is always sO bad with delivery drivers speeding through there. Animals get hit all the time. 'Response: We do not intend to increase traffic through Wilson Blvd as Shepherds way ist the  primary entrance." Are you widening Shepherds Way?  Response: Wel have to wait for the TIA the decide that.  Ifthat road was wider people might feel more inclined to go down Shepherds Way. People always get lost trying to go to the hospice because of the lack ofadequate signage. Response: We have talked abouti increasing signage for the hospice.' Traffic on Dallas High Shoals Rdi is sO bad. There will be an issue with people getting in and 'Response: A light is unlikely but we will have a TIA dictate what changes will be made.'  out ofthe development. Will there be a light?  Name Christy Key Tommy Givens  Address 1008 Aryshire Lane 4032 Hereford Lane Dallas, NC: 28034 Dallas, NC 28034  Name Joe Griffin Lanny Smith Shehan  Address 1102 Wilson Blvd 3535 Dallas High Shoals Hwy Dallas, NC 28034 369 Holstein Drive  Anthony and Terry Wentz  1728 Eden Glen Drive Taylor and Courtney  Serving. Leading. Solving."  1111 Metropolitan Avenue, Suite 250. Charlotte, North Carolina 28204-980-220-2322  40    41    42    E  8  43    e 8  44    45    46    47    48    49    50    SMITH DOUGLAS HOMES QUALITY I INTEGRITY I VALUE  Streetscape Monotony Rule  The Smith Douglas Homes monotony rule exists to ensure that each single family detached community provides a varied streetscape while reassuring our customers that their home's exterior appearance will not be identically replicated near them. The rule applies to all Smith Douglas Homes communities unless local municipality requirements or specific community  covenants and restrictions dictate greater uniformity of appearance. For a given single family detached home elevation & color package:  1. The same elevation cannot be selected within two (2) homesites on either side ofa Given homesite or on the two (2) or three (3) nearest homesites across the street on the same streetscape, depending on whether lots are Opposite or Offset. 2. The same color package number (1,2.....24, etc.) cannot be selected within two (2) homesites on either side of a Given homesite or on the two (2) or three (3) nearest homesites across the street, regardless of the brick or stone iti is paired with (A, B,C),f any, on the same streetscape, depending on whether lots are Opposite or Offset.  Allowed  Given STREETSCAPE Scenario A (Opposite Lots)  Allowed  Allowed  Allowed  Allowed  Given STREETSCAPE Scenario B (Offset Lots)  Allowed  Allowed  Allowed  In the diagram above, the Given home elevation and/or the Given home color package number  can be repeated no closer than the locations shown.  51    BGE  Technical Memorandum  - 035662  To:  TownofDallas, North Carolina  From: Megan E. Siercks, P.E. Date: October 13, 2023  PE NOlicense #C-4397  Subject: Shepherds Way Single Family Trip Generation  A trip generation analysis was conducted for a proposed Single Family development called Shepherds Way located on Dallas High Shoals Highway. Currently, the site is planned tol hold 98 single family units. The trip generation is intended toj provide an understanding of the anticipated  traffic being generated by the site. Trip Generation  The project site trip generation has been estimated utilizing the trip generation rates contained in the Institute ofTransportation Engineers (ITE) publication Trip Generation Manual (11" Edition). The proposed development is expected to generate approximately 990 weekday trips, 73 AM peak trips, and 971 PM peak trips, with no pass-by trips or internal capture expected. A summary of the trip  generation analysis is shown in Table 1.  Table 1:7 Trip Generation Summary  Land Use  Size  Weekday 495 495 990  Weekday AM Weekday PM  Entry Exit Entry Exit Entry Exit  210- Single Family Detached Housing 981 units  18 55 61 36 73 97  TOTAL  A detailed summary oft the trip generation analysis is shown in Appendix A.  Traffic Impact Analysis  The typical threshold for NCDOT to require a TIA is 3,000 trips per day, and the Town of Dallas threshold is 1,000 total trips or more per day and/or 100 peak hour trips during the AM or PM peak hours. This development is expected to generate less trips then the minimum criteria for both the  Town of Dallas and NCDOT.  BGE, Inc.  52    Conclusions  Based on the expected trip generation results, the Shepherds Way development should have a minimal impact on the surrounding roadway network. It is not recommended to conduct a' TIA at this time, as the development does not exceed either typical threshold for requiring a TIA.  53    AppendixA Trip Generation. Analysis  54    Project Information, Project Name: No: Date: City: State/Province: Zip/Postal Code: Country: Client Name: Analyst's Name: Edition: Land Use  Shepherds Way  10/10/2023  BGE, Inc. Size  Trip Generation Manual, 11th Ed  Weekday AM Peak PMI Peak Entry Exit Entry Exit Entry Exit 495 495 18 55 61 36 0 0 9 0 9 0 9 o 0 o : 0 0 495 495 18 55 61 36 495 495 18 55 61 36 o 0 o 9 9 o o 9 o 0 0 o o 495 495 18 55 61 36 73  210-Single-Family Detached Housing (General Urban/Suburban) Reduction Internal Pass-by Non-pass-by Total Total Reduction Totall Internal Total Pass-by Total Non-pass-by Total  98 Dwelling Units  : 990  97  55    DocuSign Envelope ID: 1DB395B3-006D-44FA-8D23-E5A3C336C9A3  DALLAS The Crossroads ofGaston County Written Consent for Zoning Conditions  The petitioner hereby expressly consents to all zoning conditions listed ini this report and  attached to this as Exhibit A:  ATTEST: DocuSigned by: Gory Kupe E30AE3FEA49FAD4. Authorized agent/property owner George Rhyne George Rhyne Chair of the Board Print Name DocuSigned by: Rdan Mornan -5C1866288AEA456. Authorized agent/property owner Adam Morman VP, Land Acquisition Print Name  10/5/2023 Date  10/5/2023 Date  Smith Douglas Homes (SDH Charlotte, LLC.)  56    ExhibitA  Areas of Relief and Conditions of Approval  1. These Development Standards form aj part of the Rezoning Plan associated with the Rezoning Petition filed by Smith Douglas Homes. (the Petitioner") to accommodate the development ofa single-family residential community on that approximately 65.81-acre site depicted on the Rezoning Plan (the "Site"). The Site is comprised of tax parcel numbers 214259, 212567, and 2. Development of the Site will be governed by the Rezoning Plan, these Development Standards, and the applicable provisions oft the' Town ofDallas Code of Ordinances (the  214260.  "Ordinance").  3. Unless the Rezoning Plan or these Development Standards establish more stringent standards, the regulations established under the Ordinance for the R-5 zoning district shall govern the 4. The development and street layout depicted on the Rezoning Plan are schematic ini nature and are intended to depict the general arrangement ofs such uses and improvements on the Site. The ultimate layout, locations and sizes oft the development and site elements depicted on the Rezoning Plan are graphic representations of the proposed development and site elements, and they may be altered or modified in accordance requirements on this Plan and thel Development 5.1 Future amendments to the Rezoning Plan and/or these Development Standards may be applied for by the then owner(s) oft the Site in accordance with the provisions oft the Ordinance.  development and use oft the Site.  Standards.  6. This development may be constructed in phases.  7.All stormwater control measures and street trees within the development shall be maintained 8. The Site shall contain only a maximum ofi ninety-eight (98) single-family detached residential dwelling units, and any incidental and accessory uses related that are permitted in the R-5zoning 9. Vehicular access to the Site shall be as generally depicted on the Rezoning Plan. The placement and configuration oft the vehicular access points are subject to any modifications  by the HOA.  district  required to accommodate final site and construction plans.  57    10.. As depicted ont the Rezoning Plan, the Site will be served byi internal public streets, and adjustments to the location oft these streets shall be allowed during the construction permitting process in coordination 11.Public roadways depicted on this site plan shall allow the use of valley curb and gutter per the 12. Where driveways are located only on one side of the street, the minimum block length shall 13. The proposed private drive connection and realignment shall be, at minimum, constructed of 14. The petitioner shall provide the following signage within the development as generally  with NCDOT and' Town ofDallas.  Town ofI Dallas or NCDOT standards as applicable.  be 200 (two-hundred) feet, measured from intersection centerlines.  the same materials as the existing private drive.  depicted on the rezoning plan: from the public street with NCDOT and' Town ofDallas.  a. A: sign reading Private Drive, No Outlet: at the proposed entrance to the private drive b. Wayfinding access signage at all necessary intersections for The Robin Johnson House  15. For any given homesite, the identical home plan, elevation, color scheme and garage orientation may not be repeated on the immediate homesites on either side of that given homesite. 16. For any given homesite, the identical home plan, elevation, color scheme & garage orientation may not be built immediately across the street facing that given homesite nor on the a. Samej plan plus different elevation, plus different color scheme, plus different garage b. Different plan (which inherently means different elevation) plus same color scheme  immediate homesites on either side. orientation does not violate this monotony rule. does not violate this monotony rule. lots, for all primary structures.  17.Petitioner shall provide ai minimum of8 8 (eight) foot side yards, 16 foot side yards for corner 18. A minimum of 40% (forty percent) of the homes within the development shall have a water 19. Erosion control and stormwater measures shall be designed and maintained to be compliant with local, state, and federal rules and requirements. The design of these structures shall be such  table on the: front elevation consisting of either stone or masonry.  that adjacent streams, channels and drainage ways are protected.  58    20. Petitioner shall provide ai minimum of30% (thirty percent) of gross site acreage as open a.A minimum of 1 (one) acre of open space as active open space as specified in the b.An minimum of70% (seventy percent) of open space as natural undisturbed open space.  space. Ofthis open space, the petitioner shall provide at minimum of:  Ordinance.  59    STATEMENTS OF CONSISTENCY, ANDI REASONABLENESS FOR ZONING MAP AMENDMENT Thep proposedi rezoning from R-10z zoning district to CDI R-5i is consistent with the 2030 Comprehensive Land Use Plan. The property is located within a single-family residential area on thet future land use plan with opportunity to develop single-family attaching andi multi-family housing. There is also R-5 and CDR- 5int the surrounding area and this willi increase development potential oft the property andi ist therefore a  reasonable request and in the Town's best interest.  STATEMENTS OF CONSISTENCY AND REASONABLENESS AGAINST ZONING MAP AMENDMENT The proposed rezoning from R-10z zoning district to CD R-5i is not consistent with the 2030 Comprehensive Land Use Plan. Rezoning to a district with al higher density will disproportionately affect  future development and not int the Town's best interest.  Statement. Adopted:  Curtis Wilson, Chairman  Date  60    TOWN OF DALLAS, NORTH CAROLINA  REQUEST FOR BOARD. ACTION  DESCRIPTION: No Parking Zones on 100 Block ofw. Main St.  AGENDA ITEMI NO.3E BACKGROUND INFORMATION:  MEETINGDATE: 10/24/2023  With increased traffic and the number of parked vehicles along the 1001 block ofW. Main St.,it has come to the Fire Department's attention that two fire hydrants are often blocked. In order to provide emergency access to thesel hydrants, Staffi is recommending that one parking space in front of each fire hydrant be designated as noj parkingi in the Town's Parking Prohibited  ordinance.  Attached are pictures showing the hydrant areas,  MANAGER RECOMMENDATION: BOARD ACTIONTAKEN:  61    ACROSS FROM MUSEUM-1  62    ACROSS FROM MUSEUM-2  63    NEAR GASTON ST-1    NEAR GASTON ST-2  A'S PIZZATS DEL DINEIN-CA  65    TOWN OF DALLAS, NORTH CAROLINA  REQUEST FOR BOARD ACTION  DESCRIPTION: Electric Service Territory AGENDA ITEM  NO.3F BACKGROUND INFORMATION:  MEETING DATE: 10/24/2023  Staffi is continuing tol look into the electric service territory and seek out information. Contact has been made with Electricities and their internal team will bei reviewing the maps. Once the review is complete, they will provide us with information that will help Dallas pursue the best Ifany information is received in time for the meeting, it will bel brought for consideration.  territory agreement for electric service.  MANAGER RECOMMENDATION: BOARD ACTION TAKEN:  66