TOWNI MANAGER Ken Deal TOWN CLERK Pamelal Mills TOWNA ATTORNEY Tom Brooke  MAYOR Charles Seaford TOWN COUNCIL Don Bringle Arthur Heggins Brandon Linn Rodney Phillips Steve Stroud  TOWN OF CHINA GROVE Regular Meeting oft the China Grove' Town Council  Tuesday, October 5th, 2021 6:00 p.m. 6:00 p.m.  China Grove Town Hall China Grove, North Carolina  CALLTOORDER I) Pledge of Allegiance II) Roll Call III) Adopt the Agenda IV) Approval oft the Consent Agenda  MayorSeaford  a) Approve Minutes from September 7t, 2021 regular meeting b) Adopt Ordinance to close northbound lane of Main Street for Cruise In  6:05 p.m. 6:10 p.m. 6:15P.M. 7:45P.M. 7:50 p.m.  CITIZEN COMMENT NEW BUSINESS I) PUBLIC HEARING I) II) OTHER BUSINESS OLD BUSINESS I) 046  Set Public Hearing for approval of EDC Incentive Package 2021-CZ-04; Delta Street Major Subdivision 2021-SUP-02; Shue Road Multi-Family  Rowan County Tax Parcels 124 0190000001, 124 0190000002, 124 102, 124 061, 124  a) Clerk Signs Certificate of Sufficiency  b) Adopt Resolution Fixing Date ofl Public Hearing of Annexation  7:55 p.m. 8:00 p.m.  COUNCIL UPDATES ADJOURN  333NN Main Street, China Grove, NC: 28023 I Phone (704)857-2466 I Fax (704)855-1855  "In accordance with Federall law and U.S. Department ofA Agriculture policy. thisi institution is prohibited) from discriminating on the basis of race. color. nationale origin. age, disability. religion, sex. familial status, sexual orientation, and reprisal. (Not all prohibited bases apply to al!  progrms)."    TOWNI MANAGER Ken Deal TOWN CLERK Pamela Mills TOWN ATTORNEY Tom Brooke  MAYOR Charles Seaford TOWN COUNCIL Don Bringle Arthur Heggins Brandon Linn Rodney Phillips Steve Stroud  TOWN OF CHINA GROVE  A regular meeting of the China Grove Town Council  Tuesday, September 7, 2021 6:00p.m. CALLTOORDER  China Grove Town Hall China Grove, North Carolina  Mayor Seaford called the regular meeting of September 7th, 2021 to order. He led us in the Pledge of Allegiance. Mr. Stroud made a motion to adopt the agenda. Mr. Bringle seconded the motion, which carried unanimously.  Mayor Seaford called roll. All council members were present. There was a quorum.  Consent Agenda items: unanimously. CITIZENS COMMENT None NEW BUSINESS  a) Approve Minutes from August 10", 2021 regular meeting  Mr. Phillips made a motion to approve the consent agenda. Mr. Bringle seconded the motion, which carried  I) Community Building Park Master Plan Presentation Jeff Ashbaugh, Alfred Benesch & Company  He thanked the Town for allowing them to work with the Park and Recreation Advisory Board, Staff and Community Members. He stated they started by visiting the park site and investigating the conditions of the park. He stated the facility is in good condition, the park and fitness equipment are well maintained. He stated they meet with the Park and Recreation Advisory Board and held (wo public workshops to get input for the Master Plan. He stated a Public Opinion Survey was placed on the town's website that over 87 citizens gave input. He stated adding more park equipment, shade, and lighting were some of the requests received. He presented the Master Plan to the Council. He stated the plan proposes more playground equipment on the southside of the park that would expand what already exist. He stated the plan proposes a shade structure for the existing playground equipment. He stated the plan proposes a decorative water feature in the center of the park. He stated the plan proposes improving the play field area renovating the existing turf and adding landscaping. He stated the plan proposes three picnic shelters Mr. Phillips asked if any request were made for improvements to the community building itself. Mr. Ashbaugh stated the only request from staff was adding a dumpster and enclosure at the building, and adding landscaping to  throughout the park. He stated the cost of all improvements would be $1.5 Million.  separate the park from the driveway behind thel building.  288Page, Minute Book 7    Mr. Bringle stated the town will need to add staffing to maintain these improvements. He stated bathrooms would Mr. Bringle made a motion to adopt the Community Building Park Master Plan with relocating the shelter near the water feature and preparing a grant application for May 2022. Mr. Stroud seconded the motion, which carried  need to be cleaned more, trash cans emptied more and maintaining the landscaping.  unanimously.  II) Main Street Marketplace and Meeting Place Presentation Ann Corriher, Board Member for Main Street Marketplace and Meeting Place  She introduced Hope Oliphant, Executive Director. She stated they came to a meeting in 2014 to introduce the Bridges out of Poverty Initiative. She stated one of the programsi is the Getting Ahead class which is a 15 week class that gets people around a table to learn from each other and help everyone better understand each other. Mrs. Oliphant stated we have had over 160 graduates, with 65% now living a stable life and no longer need our services. She stated through this program we have learned the true needs of our community. She stated there are 14 food pantries within a 15 mile radius that offer free food but none that offer affordable food or fresh produce. She stated the Marketplace is open to everyone. She stated the Meeting Place offers several class such as Yoga and Nutrition III) Rowan County Tax Parcels 124 0190000001, 124 0190000002, 124 102, 124 061, 124 046 a) Adopt Resolution Directing' Town Clerk to Investigate Petition for Annexation  Classes.  Mr. Phillips made ar motion to direct the Town Clerk toi investigate the petition for annexation. Mr. Bringle seconded  the motion, which carried unanimously. PUBLIÇ HEARING  Proposed Permanent Closing of an Unnamed Road  Mr. Brooke stated the road is a plated street on a subdivision that was never developed. He stated SL China Grove LLC will develop that area in the future and they own both sides of the road except for a small area at the beginning.  Hes stated Mr. Ruggles owns that portion. Mayor Seaford opened the public hearing. Mayor Seaford closed the public hearing. motion, which carried unanimously. II) 2021-TA-02; Watershed Ordinance  Mr. Bringle made a motion to permanently close the Unnamed Road off of Lentz Road. Mr. Stroud seconded the  Mr. Gover stated the town has three watersheds in the. jurisdiction. He stated Cold Water Creek is the only one of concern. He stated this area is a Water Supply Watershed 4 (WS-IV) and is the least restrictive. He stated the town operates under the 10-701 rule. He stated the town has 100 acres of allocation left. Hes stated adopting this amendment  would allow al high density option for development within the water supply watershed areas.  Mayor Seaford opened the public hearing. Mayor Seaford closed the public hearing.  Mr. Phillips made a motion that 2021-TA-02 is consistent with the Land Use Plan to facilitate Light Industrial development and approved the text amendment. Mr. Stroud seconded the motion, which carried unanimously.  III) 2021-TA-03; Flood Damage Prevention Ordinance  289Page, Minute Book 7    Mr. Gover stated the town relies on Rowan County to administer the Flood Damage Prevention Ordinance. He stated toi implement the ordinance effectively our ordinance needs to be updated to align with the Counties.  Mayor Seaford opened the public hearing. Mayor Seaford closed the public hearing.  Mr. Phillips made a motion that 2021-TA-03 is reasonable and consistent because it matches the Rowan County Planning and Development Flood Damage Prevention Ordinance and approved the text amendment. Mr. Bringle Mayor Seaford asked the Council to provide al list of items they would like to spend the American Rescue Plan Act  seconded the motion, which carried unanimously.  COUNCIL UPDATES funds on. ADJOURNMENT Respectfully Submitted, Pamela L. Mills, CMC Town Clerk  Mr. Stroud made ar motion to adjourn. Mr. Phillips seconded the motion, which carried unanimously.  Charles Seaford Mayor  290Page. Minute Book 7    TOWNI MANAGER Ken Deal TOWN CLERK Pamelal Mills TOWN ATTORNEY Tom Brooke  CHIN  MAYOR Charles Seaford TOWN COUNCIL Don Bringle Arthur Heggins Brandon Linn Rodney Phillips Steve Stroud  TOWN OF CHINA GROVE ORDINANCENO.: 2021-06 CRUISE INT THE GROVE  AN ORDINANCE DECLARIING A NORTHBOUND LANE ROAD CLOSURE FOR  WHEREAS, the Town of China Grove acknowledges providing a Cruise In event for the pleasure of the citizens; WHEREAS, the Town of China Grove acknowledges its citizens realize thel benefits from holding a Cruise In; and WHEREAS, the Town of China Grove acknowledges this festival requires the northbound lane of Main Street (US 29 A) from NC Hwy 152/Church Street (SR-1337) to Patterson Street (SR-1225) to be closed; and, WHEREAS, adequate security and crowd control can be provided by responsible public agencies. WHEREAS, adequate fire control and fire prevention service can be provided by responsible public agencies; and WHEREAS, the proposed street closing and the proposed use of the closed street are not likely to unreasonably NOW THEREFORE BE IT ORDAINED by the Town of China Grove Town Council pursuant to the authority granted by G.S. 20-169 that they do hereby declare a temporary road closure during the day(s) and times set forth  and  interfere with public transportation and emergency services; and  below on the following described portion ofa State Highway System route:  Date(s): Saturday, October 16th, 2021 Times: 1:00 p.m. to 5:00p.m.  Route Description: Northbound lane of] Main Street (US 29 A) from NC Hwy 152/Church Street (SR-1337)to  Patterson Street (SR-1225), China Grove, NC. Adopted this 5th day of October, 2021.  This ordinance shall be in full force and effect from and after the date of its adoption.  Charles Seaford, Mayor  Attested by:  Pamela L. Mills, CMC Town Clerk  333NA Main Street, China Grove, NC: 28023 I Phone (704)857-2466 I Fax (704)855-1855  "Ind accordance with Federul law and U.S. Department of Agriculuure, policy, this institution is prohibited! from discriminating on the basis of race. color, national origin. uge, disability. religion. sex. familial status. sexual orientution, and reprisal. (Not all! prohibited bases upply to all  programs)."    MEMORANDUM  To: From: Date: RE:  Mayor and Council Members Pamela Mills, CMC Town Clerk September 29, 2021 EDC Incentive Package  AI motion is needed to hold a Public Hearing to approve a EDC Incentive Package. Town Staffrecommends Tuesday, October 19th, 2021 at 5:00 P.M.    TOWNMANAGER Ken! Deal TOWN CLERK Pamela Mills TOWNATTORNE) Tom Brooke  MAYOR Charles Seaford TOWN COUNCIL Arthur Heggins Brandon Linn Rodney Phillips Don Bringle Steve Stroud  TOWN OF CHINA GROVE Town Council Meeting October 5th, 2021  TO: FROM: DATE:  Mayor Seaford and Town of China Grove Town Council Franklin Gover, Assistant Town Manager  September 30th, 2021  SUBJECT: Staff Report - 2021-CZ-04; Delta Street Major Subdivision Conditional  Zoning request Rowan County 85-ED-2. to Mixed. Residential (RM-CZ)  A. Suggested Actions for Town Council  1. Develop a statement of consistency and reasonableness  2. Motion to approve/deny/table the request to rezone Rowan County Tax Parcel(s) 117 078, and 117156 from Rowan County I-85 Economic Development 2 (85-ED-2) to Mixed Residential Conditional Zoning (RM-CZ); with or without mutually agreed  upon conditions B. Basic Information Applicant:  Marty Davis - D.R. Horton 8025 Arrowridge BLVD Charlotte, NC 28273 Ricky and Robin Perry 685 Delta Street China Grove, NC: 28023 Southern End ofDelta Street Rowan County 85-ED-2 to RM-CZ 55.3 acres  Property Owner(s): Location: Zoning District: Area: C.Background  Carolyn Okun 795 Delta Street China Grove, NC 28023  Rowan County Parcel Number(s): 117078, and 117156  Marty Davis is requesting a Conditional Zoning district to accommodate a major subdivision consisting of 103 townhouses, and 115 single-family homes. Currently, the properties are within Rowan County planningjurisdiction. Located in an economic development zoning district.  3331 NN Main Street, China Grove, NC: 28023 Phone (704)8 857-2466 I Fax (704)855-1855  The Townofo huna Giroves does nota discrimmnate on the busis ofuge. sex, relgion. nationale orgm. dsahly. pohucal uffilaton or marnal siatus.    Conditional zoning is a purely legislative process based on a site-specific subdivision plan or major site plan. Conditional zoning is a negotiated approach which allows for maximum flexibility to tailor regulations to aj particular site. Historically, previous Town Councils approved eight other conditional zoning districts. Each conditional use district could potentially have unique attributes due to the site-specific nature of conditional zoning. The previously approved The site-specific conditional zoning process allows Town Council to approve reasonable conditions to help increase compatibility with the area. Conditional Zoning often allows a developer to proceed with a project in a way that addresses site-specific concerns of neighbors and local government leaders while a rezoning to a conventional zoning district would not be  conditional use rezoning' 's have been changed to conditional zoning districts.  adopted.  D. Subdivision Design  The following comments are based on the dimensional criteria outlined in Chapter 3 oft the UDO for the Mixed Residential zoning district and a preliminary subdivision plat dated July 25, 2021:  1. Dimensional Requirements Dimensional Criteria Setbacks Front Side Rear Single Family Minimum 50ft Lot Width Townhome Lot Width n/a Maximum Density  UDO Requirement Min. 10ft. Max. 25ft. 20ft. 5ft. 25ft.  Proposed 5ft. 20' 50' 20' 3.73 units/acre  15u units/acre  Density - A ratio expressed as the number of dwelling units per acre (DUA). The ratio is derived by dividing the total number of dwelling units by the total land area (in acres) used or proposed to be used for purposes such as buildings, roads, public facilities, and open spaçes.  2. Open Space  a. Total Open Space b. Categories -  Minimum Area: 20% or 10.88 acres ii. Proposed: 20.72 acres  The UDO requires open space to meet certain categories.  1.F Park: 1.8 acres 2. Nature Preserve: 3. Stormwater Control areas: USPS  4. Condition to allow open areas for cluster mailboxes as required by  3. Streets and Sidewalk Designs  333NN Main! Street, China Grove, NC: 28023 Phone (704)857-2466 I Fax (704)855-1855  The TonofChna Girove does note discrmmmnate on theh hasis ofage. sex, relgion, nationale orgin. disabhny. polticald affilaton orn martal slutus.    a. Category 1 Residential Street requirements  i. Typically provide access to residential areas and connect neighborhoods. Category 1 streets focus on low traffic volume, high accessibility, pedestrian and bicycle safety, and utility infrastructure for neighborhoods.  ii. Right-of-way Width-6 60 ft. and 50ft. iii. 15-25 mph design speed  b. Cross-sections  i. The proposed plat utilizes our 50 ft. and 60 ft. residential street cross- section. Planning Staff recommends the primary residential streets utilize  our 60 ft. cross-section to accommodate more capacity.  C. Sidewalks on both sides of street  4. Preliminary Grading  a. A site shall not be graded to create a slope greater than 2:1 at adjacent properties unless the slope already existed on the undeveloped land. In no case shall the slope be made steeper than it was on the undeveloped land. Terraced or stepped slopes that achieve the overall slope requirement may be considered by the TRC b. Preserved. Natural floodplain and floodways, wetland areas, existing tree canopy, forest stands, or significant vegetation on slopes exceeding 25 percent, and which present severe or prohibitive slope conditions for development shall be preserved.  onac case-by-case basis.  E.S Staff Comments  1.1 Relationship with any plans and policies.  Currently, the subject parcels are within Rowan County Planning and Developments regulatory jurisdiction. The properties are within an economic development zoning district call 85-ED-2. The economic development districts are established to preserve and enhance economic development opportunities in areas adjacent to I-85. The uses within the economic development districts are intended to accommodate appropriate uses which maximize the economic benefits while minimizing potential impacts. Examples of uses within the 85-ED-2 district include construction and special trades contractors, light manufacturing, and wholesale trade. The subject  parcels are outside oft the China Grove Land Use Plan'sstudy area. 2. Consistency with the requested zoning district's purpose and intent  Mixed Residential District - The R-M Mixed Residential District is intended primarily to create higher density residential areas providing. for and encouraging a mix of housing types including single-family, fwo-family, and multifamily dwellings along with their customary accessory uses. The proposed subdivision is designed to meet the minimum requirements of the R-M district. While single family development is allowable the R-M district is not seen as compatible with the area. The conditional zoning process allows the Town Council to place reasonable conditions that may increase compatibility. The R-M district allows up to 15 units an acre with a minimum  lot width of 50 feet, measured at the front setback.  3331 NN Main Street, China Grove, NÇ 28023 Phone (704)857-2466 I Fax(704)855-1855  The7 Towne ofchna Groves does not dscrimmate on the basis ofage. sex. rehgron. natonale ongmn. disahho. polcala affiliaun or mariul slalus.    3. Compatibility of all uses within the proposed district classification with other properties The subject parcels are in a largely undeveloped area. There are two single family homes along Delta Street which would be removed as part of this development. Delta Street connects to Mt. Hope Church Road which is primarily single-family homes on large lots. The homes are Compatibility of uses- The R-M district permits a variety of residential uses including single family, townhomes, and multi-family. Multi-family and townhomes are special uses. For this request the council need not consider all uses of the R-M district, only those presented on the plat. The R-M district is China Groves most diverse residential district allowing for higher  and conditions in the vicinity  dependent on private well and septic.  densities, smaller lot areas, widths, and setbacks. Conditions in the vicinity (see GIS map):  Character of the area: Largely undeveloped, wooded acreage, single family North: Mt. Hope Church Road, low density single family uses  South: Hitachi East: Vacant, wooded parcels West: Interstate 85  4.1 Potential impacts on facilities such as roads, utilities, and schools  Roads: There is no traffic volume data for Delta Street. However, with only two single family residences along the street traffic volume is assumed to be very low. In 2016 Mt. Hope Church Road had an AADT of 1,300, measured just east of Menius Road. Menius Road and Hope Lane would connect residents to the NC 152/US 29 Area. At least a portion of Delta Street needs to be resurfaced. NCDOT recommends a surface treatment the full length of Delta Street. Schools: According to the "Find my school" tool on the Rowan - Salisbury Schools' website families in this neighborhood will send students to China Grove Elementary and Middle Schools,  and Carson High School.  Utilities: This area will be served by Salisbury Rowan Utilities upon annexation. permitting requirements. This project is noti in a water supply watershed area.  Other: This project is subject to the town's Phase II stormwater management program and  5. Procedures  The Town Council must develop a statement of consistency describing whether its action is consistent with any adopted comprehensive plans and indicate why their action is reasonable and in the public interest. A statement analyzing the reasonableness oft the decision is also necessary.  The statements of consistency and reasonable may be one statement.  3331 NI Main Street, China Grove, NÇ: 28023 I Phone (704)857-2466 I Fax (704)855-1855  The TownofChnat Grove des nolu discrmnate on thel hasis ofuge. sex. relgion. mutonale ongn. dsabihny: polancalaffilaion orm marilal status.    F.Planning Board Meeting  The China Grove Planning Board voted unanimously to recommend approval based on the "2021-CZ-04 is not within the China Grove Land Use Plan study area, therefore cannot be consistent and is deemed an amendment to the Future Land Use Map, 202-CZ-04 is reasonable and in the public interest because the neighborhood is in close proximity to town water and sewer, creates minimal impacts on traffic, adds improvements 10 Delta Street, and increases  following statement of consistency and reasonableness, and conditions:  housing options in China Grove. "  Conditions:  Condition 1. This rezoning is not effective until the Certificate of Approval defining mutually  agreed upon conditions is signed and notarized. Condition 2. Allow open space as presented.  Condition 3. Allow setbacks as presented on preliminary plat.  Condition 4. Townhouses will have front facades with multiple planes to create visual interest Condition 6. Primary material for homes will exclude vinyl. Vinyl will only be used for soffits,  and distinguish between homes.  eaves and other related accessory details.  G.Attachments  I. Application 2. GIS Maps 3. Subdivision Plans  333NA Main Street, China Grove, NC 28023 I Phone( (704)857-2466 I Fax(704)855-1855  The Tovne ofc huna Grove does note discrumnale on the basis ofage. sex, religion, nattonal orgin, dsahiily palcala affilation orA mariul stalus.    TOWN OF CHINA GROVE 333 N. Mainl Street China Grove, NC 28023 704-857-2466 704-855-1855 Land Development Application - Rezoning  Case# 2021-CZ-04 Receint!  Project Information Date of Application 07/09/2021 Name of Projcct DELTA STREET Parccl Number(s), 117078 Address 685 DELTA STREET Overlay District(s). N/A Contact Information DR.HORTONMARTIYT DAVIS) Applicant 8025 ARROWRIDGE BLVD Address CHARLOTTE.NC2823 City, State Zip Codc 704-609-0418 Telephone Wrpzelsedmoron.com Email address aDan Signaturel  Property Size 54.07 ACRES  Current Zoning District 5-ED2ICOUNTV Proposed Zoning District M-R(CHINA GROVE)  RICKY LLOYD & ROBINJ JEANPERRY  Property Owner 685 DELTA STREET Address SALISBURY. NÇ28146 City, State ZipCode Tclephonc Email address Bley Signafhre (reqmred)  780-52/-7378 MOSSTALE GyAHoo.am  hden   aMy  laney  Statement of Consistency  Please explain how this request is consistent with adopted Town plans and the surrounding anca. Thisrequesti isconsistent with Townplans and the surroundingareaa as it will follow all Townof China Grove. /Rowan County Subdivision regulations as listed in The Ordinance. A Preliminary Plat Application will also be submitted to ensure the Town sees Schematic Development Plans prior to rezoning approval and lots are sub-divided. The local area around the site consists of residential and light  industrial zoning adjaçent to interstate 85.  Pagelof2    Meeting Dates Planningl Board! Decision: Town Board Meeting Date: Town Board Decision:  Planning Board Mecting Date: September 9, 2021  Page2of2    TOWN OF CHINA GROVE 333 N. Main Street China Grove, NC28023 704-857-2466 704-855-1855 Land Development Application -1 Rezoning  Case # 2021CZ-04 Receipt #  Project Information Date of Application 09/17/2021 Parcel Number(s), 117-156 Address 795 DELTA STREET Overlay District(s) N/A Contact Information, D.R.HORTON: eigh-Pezelfs Applicant 8025 ARROWRIDGE BLVD Address CHARLOITE.NC: 28273 City, State Zip Code 704-609-0418 Telephone WEPrwtaehasense. Email address W.Maci Davio Signature  Name of Project DELTA STREET NEIGHBORHOOD  Property Size 1.32 ACRES  Current Zoning District 85-ED-2 (COUNTY) Proposed. Zoning District M-R (CHINA GROVE)  (MAETY DAVIS),  CAROLYN FRANCES OKUN Property Owner 795 DELTA STREET Address SALISBURY, NC 28146 City, State Zip Code Tosalng Email address Signature (required)  o  WM wwisgobemal-  164 159 3145 ENCASSASTGOosak.eon  Statement of Consistency  Please explain how this request is consistent with adopted Town plans and the surrounding area. This request is consistent with Town plans and the surrounding area as it will follow all Town of China Grove / Rowan County Subdivision regulations as listed inThe Ordinance. A Preliminary Plat Application will also be submitted to ensure the Town sees Schematic Development Plans prior to rezoning approval and lots are sub-divided. The local area around the site consists of residential and light  industrial zoning adjacent to Interstate 85.  Pagelof2    Meeting Dates  Planning Board Meeting Date: 09/09/2021  Planning Board Decision: Voted to move on to Town Board unanimously Planning Board recommended approval with conditions FG  Town Board Meeting Date: 10/05/2021 Town) Board Decision: TBD  Page2of2    135,955  (15183 15 181  07701  131 116  116 002  117 078A  ELACENGLDERED 116.022  115 116 126 116 127  117 143  116 117  117 156  078  10301  116 108  116A311 QEAIOR) 116AD75 SDRTON 116A098 116A078 110A100 116A102 116A036 E5 Mei 116A103 176A034  ENGSIR  2021-CZ-04 Delta Street Major Subdivision  China Grove Zoning RS RMH HB LI 2021-CZ-04 500 1,000  Rowan County Zoning 85-ED-2 RA RR RS 2,000  3,000 Feet  Current Time: 9/1/2021 2:40F PM    DELTA NEIGHBORHOOD CHINA GROVE, NORTHCAROUNA REZONING PLAN  DELTA NEIGHBORHOOD)  RZ-1    DELTA NEIGHBORHOOD CHINA GROVE. NORTHCAROLINA REZONING PLAN  DELTA NEIGHBORHOOD  RZ-2    DELTA NEIGHBORHOOD CHINA GROVE. NORTHCAROLINA REZONING PLAN  Ba  DELTA NEIGHBORHOOD)  RZ-3    TOWN; MANAGER Ken Deal TOWNCLERK Pamela Mills TOWNATTORNEY Tom Brooke  MAYOR CharlesSeaford TOWNCOUNCIL Donl Bringle Arthur Heggins Brandon! Linn Rodney Phillips Steve Stroud  TOWN OF CHINA GROVE Town Council Meeting October 5th, 2021  TO: FROM: DATE:  Mayor Seaford and the Town of China Grove Town Council Franklin Gover, Assistant Town Manager  September 30, 2021 multi-family development  SUBJECT: Staff Report -2021-SUP-02; Shue Road Multi-Family Special Use Permit for  A. Suggested Actions for Town Council  1. Four individual motions adopting the Findings of Fact  2. Motion to Approve/deny/table the requested special use permit for multi-family development  on Rowan County Tax Parcel 1170 020, with or without conditions  B.E Basic Information Applicant/Owner: Physical Address: Zoning District: Area: Rowan County Parcel Number: C.Background  Chris La Mack, Shue Fits LLC 9541 Julian Clark Ave, Suite 101 Huntersville, NC 28078 2001 Block of Shue RD Mixed Residential 16.3 acres 117020  Chris La Mack, Shue Fits LLC, is requesting a Special Use Permit for multi-family development ina Mixed Residential (R-M) district. The proposed multi-family development includes 240 The Unified Development Ordinance (UDO) provides for uses to be permitted by right in each zoning district. In addition to these uses the ordinance allows some uses on a conditional basis subject to the issuance of a Special Use Permit (SUP). The SUP process ensures compatibility with the surrounding uses and keeping with the purpose of the general zoning district. The site plan (See attachment 3) is subject to administrative modifications based on the engineering plan "Inc accordance with Federal la and US. Departmento of Agriculture policy: this institution ISA prohibited! from discriminating on the basis of race. color, national origin, age. disability. religion. sex. familia! status. sexual orientation, and reprisal. (Not all prohibited bases apply 10 all  units, detached garages units, clubhouse, and swimming pool.  review.  3331 NN Main Street, China Grove, NC: 28023 I Phone (704)8 857-2466 I Fax (704)855-1855  programs).    D.S Site Plan Information  Special Use Permits shall follow the Town Council Approval process. An appliçation shall be filed with the Zoning Administrator and shall be accompanied by a site-specific plan meeting the requirements of a Major Site Plan. A complete application and site plan shall come before the Planning Board for review and recommendation. The Planning Board may, in its review, suggest reasonable conditions to the location, nature, and extent of the proposed use and its relationship to surrounding properties, parking areas, driveways, pedestrian and vehicular circulation systems, screening and landscaping, timing of development, and any other appropriate conditions. Such conditions may include dedication of any rights-of-way or easements for streets, water, sewer, or other public utilities necessary to serve the proposed development.  Chapter 4. Special Requirements No Special Requirements apply to this project. Chapter 5 Building Design Guidelines  Proposed elevations meet the UDOrequirements for materials. 5.3.2Two-family (Duplex) and Multi-family Residential Buildings*  A. Exterior materials shall be durable and residential in character. Suggested materials include wood clapboard siding, wood shingles, brick, stone, stucco, vinyl, or similar materials. Suggested pitched roof materials include asphalt shingles, standing seam metal, slate, or similar B. Garage doors are not permitted on the front façade of any two-family or multi-family dwelling  materials. unit.  Chapter 7 Landscaping  At the time of the report there is no landscaping plan to review. The required landscaping note Type A - Type A screening is an opaque wall, berm, or planting to screen commercial uses from Type B- Parking lot perimeter screening is required along the outside of the parking area. Type C- Canopy Trees with a medium growth rate are required within 60' of every parking  states that landscaping will meet the following requirements:  adjoining residential uses.  space.  Dumpster Enclosure - The applicant shows two dumpster enclosures.  Chapter 8 Parking and. Infrastructure  3331 N Main Street, China Grove, NÇ 28023 - Phone( (704)857-2466 Fax(704)855-1855  "Inc accordance with Federal lav and U.S. Department of Agriculture policy. this institution isp prohibited! from discrimnating on the basis of race. color. national origin. age. disability. religion. sex. familial status. sexual orientation. andi reprisal. (Notd all prohibited bases apply to all  programs).    The applicant proposes interior parking lots meeting the minimum number of parking space. The parking spaces are 9'x19' as required by UDO. The interior drive aisles are two way and 24 ft. Before making a motion for approval the Planning Board should consider the following four conditional use criteria described below. The applicant has provided responses to each of the criteria within their application and they are shown in quotation marks. Planning staff has also provided brief responses to supplement those of the applicant in bold text. The Planning Board may recommend Town Council attach fair and reasonable conditions to the approval based on 1. The use will not materially endanger the public health or safety if located where proposed "No, there are two access drives proposed and the vehicular parking will exist behind the This is subject to the requirements of Salisbury Rowan Utilities, Rowan County Building Inspections, Rowan County Environmental Health and various other agencies.  wide as required. E.Special Use Criteria  the following findings of fact:  and developed according to the plan.  frontage buildings. "  2. The use meets all required conditions and specifications.  "Yes, the property is currently zoned for high-density residential and complies with the There are no special requirements for this use. Ifdeveloped as proposed this plan meets 3. The use will not substantially injure the value of adjoining or abutting property unless the use "No, the development will maintain the residential nature of the existing area and include a No material evidence has been presented that this development will affect the property 4. The location and character of the use, if developed according to the plan as submitted and approved, will be in harmony with the area in which it is to be located and will be in general conformity with the adopted land use plans and other plans for physical development of the "Yes, the property is zoned R-M and the proposed development follows the guidance of the  China Grove Land Use Plan. ' the minimum standards of the UDO.  isap public necessity.  blend ofexterior materials and colors.  values ofadjoining or abutting properties.  China Grove area as adopted by the Town Council.  land use plan for China Grove. "  333 NN Main! Street, China Grove, NC: 28023 - Phone (704)857-2466 I Fax(704)855-1855  "Inc accordance with Federal law and U.S. Department ofA Agriculture policy. this institution is prohibited/ from discriminating on the basis of race. color. national origin. age, disability, religion. sex. fanilials siatus. sexual orientation. and reprisal. (Not all prohibited bases apply 10 all  programs).    The China Grove Land Use Plan recommends Suburban Residential in this area. The land use plan did not anticipate the expansion of water and sewer into this parcel to support high density developments. The land use plan identifies the following goals for  residential development:  5.2A Allow multi-family, and other housing types, where appropriate.  5.2A-2 Encourage higher density and multi-family residential uses in the Town Center  and Neighborhood Residential areas. 5.2A-3 Encourage a mixture of housing 1. Relationship with any plans and policies.  F.S Staff Comments  The subject property is currently located in the ETJ and served by private well and septic systems. Upon approval voluntary a voluntary annexation requested is anticipated and the property will be served by Salisbury Rowan Utilities. The Land Use Plan did not for see the current development trends. The land use plan establishes goals for residential development  including high density development in Neighborhood Residential areas. 2. Compatibility of use with other properties and conditions in the vicinity  Conditions in the vicinity (see GIS map): Character of the area: Mixture of Residential Uses North: Kensington Major Subdivision South: Single Family Residential Area, Main Street Corridor East: Red Fox Residential Area West: Single Family Residential Uses, Apartments on Arbor Drive 3.1 Potential impacts on facilities such as roads, utilities, and schools  Roads: The subject parcel accesses Shue Rd and has a traffic count of 2,400 AADT (2016), Schools: Children in this development will attend China Grove Elementary and Middle Schools, Utilities: This property is served by Salisbury Rowan Utilities, connection subject to annexation Other: This project is not located within a water supply watershed area. This project is subject to the town's stormwater management program and permitting requirements. Knox Boxes will need  measured just west of the project. and Carson High School.  to be approved by the fire department. 4. China Grove Planning Board  333NN Main Street, China Grove, NC28023 Phone (704)857-2466 - Fax(704)855-1855  "Inc accordance withl Federal lavr and US. Department of Agriculture policy. this institution is prohibited) from discriminating on the basis of race. color. national origin. age. disability. religion, sex. familials siatus. sexual orientation. and reprisal. (Not all prohibited bases apply 10 all  programs).    Recommended approval without conditions  G.A Attachments  1. Application 2. GIS Maps 3. Site Plan  333NN Main Street, China Grove, NC 28023 I Phone (704)857-2466 IF Fax(704)855-1855  "Inc accordance withl Federal lar and U.S. Department of Agriculture policy. thisi institution is prohibited fromo discriminating on thel basis of race, color, national origin, age. disability, religion, sex. familials status, sexual orientation. and reprisal. (Nor all prohibiled bases apply lo all  programs).    TOWNOF CHINAGROVE 333 N. Main Street China Grove, NC28023 704-857-2466- 704-855-1855 Special Usel Permit Application  Caset # 2021-SUP-02 Receipt #  Project Information Date of Application July 28, 2021 Parcel Number(s), 5636-01-49-1823 Address 290 Shue Road, China Grove Current Zoning District RM Contact Information Chris La Mack Applicant Address Huntersville City, State Zip Code (704)363-6109 Telephone Camacx@eevalonvecon Email address Findings ofl Fact  Name of Project (TBD) Shue Road Multi-family Development  Property Size 16.3Acres Proposed Zoning District RM  Shue Fits LLC Property Owner Address Huntersville City, State Zip Code (704)363-6109 Telephone Camac@ewatonrecon Email address  9541 Julian Clark Ave., Suite 101  9541 Julian Clark Ave., Suite 101  In approving an appliçation for a Special Use Permit, the Town Council may attach fair and reasonable conditions to the approval. The petitioner will have a reasonable opportunity to consider and respond to any additional requirements prior to approval or denial by the Town Council. The applicant has the burden of producing competent, material, and substantial evidence to establish the facts and conditions. In the space provided below, indicate the. facts that you intend to provide to convince the Council that it can properly reach the A. The use will not materially endanger the public health or safety if located where proposed and NO,TRGA2E TO ApAv PaRbEP AD E VEH2SAAL ww ESTEEHID  following required conclusions: developed according to plan.  Te ZAYTACEEAANES  Page 1of2    B. The use meets all required conditions and specifications.   MERET PARRIKZAEPEE HCTOT RPRYTULAPANIE wr MECMA GBLASD UERA : The use will nots substantially injure the value of adjoining or abutting property unless the use M,TSEARPKBT w MATA TLE EESTAL PKIE CM EX61Ro KEA APAMEIRADPARE2G MALPWGKaLCE D. 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 iti is to be located and will be in general conformity with the adopted land use plans and other plans for physical development of the TRRVY 6 ZPPMADTeT2ReD PVELODMENT fulas THDAIPATE et TAE  isap public necessity.  China Grove area as adopted by the Town Council.  DER HK CA C.  Meeting Dates  Planning Board Meeting Date:. September 9, 2021 Planning Board Decision: Recommend without conditions Town Council Meeting Date: October 5th. 2021  Town Council Decision:  Page2of2    TOWNOF CHINA GROVE 333N. Main Street China Grove, NC28023 704-857-2466 704-855-1855 Land Development Application - Major Site Plan  Case # 2021-SUP-02 Receipt#  Project Information Date of Application July 28, 2021 Parcel Number(s), 5636-01-49-1823 Address 290 Shue Road, China Grove Current Zoning District RM Overlay District(s), NA Contact Information Chris La Mack Applicant 9541 Julian Clark Ave., Suite 101 Address Huntersville, NC 28078 City, State Zip Code (704) 363-6109 Telephone Clamack@elevation-re.com Email address Meeting Dates TRC Decision:  Name of Project (TBD) Shue Road Multi-Family Development  Property Size 16.3 Acres Proposed Zoning District RM  Shue Fits LLC Property Owner 9541 Julian Clark Ave., Suite 101 Address Huntersville, NC 28078 City, State Zip Code (704)3 363-6109 Telephone Cemac@eewatonrecon Email address  TRC Meeting Date:. September 1, 2021  Consensus reached for approval  Planning Board Meeting Date: September 9,2021  Planning Board Decision: Approvals Zoning Permit Issued: As built Survey Approved:  Page lof2    Certificate ofCompliance Issued:  Page2of2    115 066  114 041 114 011 BORDE 114 081 117 001 117 002 117 003 117 189 117 149000005  116 064  115 069  116 076 115 072 116 180/  117 020  117 004 168  21  117  117 034  117 117 008 117 009 117 010E 017 117 11 117 016  117 200  130  203  117 191  117 117 209 013  05002  2021-SUP-02; Shue Road Apartments  RS RT RMH  IA RM-CU RM NC  HB LI  2021-SUP-02. Shue RD Apartments  0 200 400  800 Feet  Current Time: 9/1/2021 3:44 PM    SHUE ROAD APARMENTS by: SHUE! HOLDINGS, LLC 9541. Julian Clark Ave, Suite 101 Huntersville, NC2 28078 PectA  EASTLAKE 22EHOIMEERINO 470N BROADS  28023    P  SHUE ROAD APARMENTS by: SHUE HOLDINGS, LLC 9541. Julian Clark Ave, Suite 101 Huntersville, NC2 28078 PoetAdorsas  EASTLAKE 22EMOINEERINO  470N    0D B BB BB BB BB Right Side Elevation  Rear Elevation  - a BaI B Left Side Elevation  Front Elevation  Shue Road Apartments China Grove, NC Date: 9.09.21  ARCONS DESIGN TUDIO  ELEVATION REAL ESTATE GROUP    00 D0 BB BB 0BBB Right Side Elevation  Rear Elevation  -  E B  Left Side Elevation  Front Elevation  Shue Road Apartments China Grove, NC Date: 9.09.21  ARCONS DESIGN STUDIO  ELEVATION REAL ESTATE GROUP    TOWNI MANAGER Ken Deal TOWN CLERK Pamelal Mills TOWN ATTORNEY Tom Brooke  MAYOR Charles Seaford TOWN COUNCIL Don! Bringle Arthur Heggins Brandon) Linn Rodney Phillips Steve Stroud  TOWN OF CHINA GROVE  2021-ANX-01; Liberty Grove Major Subdivision Resolution Directing the Clerk to Investigate APetition Received Under G.S. 160A-31  WHEREAS, a petition requesting annexation of an area described in said petition was received WHEREAS, G.S. 160A-31 provides that the sufficiency of petition shall be investigated by the WHEREAS, the Town Council of the Town of China Grove deems it advisable to proceed in NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of China Grove The Town Clerk is hereby directed to investigate the sufficiency oft the above described petition and to certify as soon as possible to the Town Council the result oft their investigation.  on August 27t, 2021 by the Town of China Grove; and  Town Clerk before further annexation proceedings may take place; and  response to this request for annexation;  that:  This the 7th day of September, 2021.  A4E  BmpHls  Pamela Mills, Town Clerk  333NN Main! Street, China Grove, NC 28023 Phone (704)857-2466 Fax (704)855-1855  "Inc accordance with Federal! lar and US. Departmento of Agriculture policy. this institution is prohibited.) from discriminating on the basis of race, color, nationald origin, age. disability. religion, sex. familials status, sexnal orientation, and reprisal. (Not all prohibited4 bases apply 10 all  programs).    TOWN MANAGER Ken Deal TOWN CLERK Pamelal Mills TOWN ATTORNEY Tom Brooke  MAYOR Charles Seaford TOWN COUNCIL Don Bringle Arthur Heggins Brandon Linn Rodney Phillips Steve Stroud  TOWN OF CHINA GROVE 2021-ANX-01;1 Liberty Grove Major Subdivision  Certificate of Sufficiency  To the' Town Council of the Town of China Grove, North Carolina:  I, Pamela Mills, Town Clerk, do hereby certify that I have investigated the attached petition and a. The petition contains an adequate property description of the area proposed for b. The area described in this petition is contiguous to the Town of China Grove primary This petition is signed by and includes the addresses of all owners of real property lying  hereby make the following findings:  annexation.  corporate limits, as defined by G.S. 160A-31.  in the area described therein.  In witness whereof, Ihave hereunto set my hand and affixed the seal of the Town of China  Grove, this 5th day of October, 2021.  SEAL  Pamela Mills, Town Clerk  333 NI Main Street, China Grove, NC: 28023 Phone (704)857-2466 Fax (704)855-1855  "Inc uccordance with Federal law and U.S. Deparment ofA Agriculture policy. this institution is prohibited! from discriminating on the basis of ruce, color, nationale origin. age, disability, religion. sex, familial status, sexual orientation, and reprisal. (Not all prohibited bases apply 10 all  programs)."    TOWNI MANAGER Ken Deal TOWN CLERK Pamela Mills TOWN ATTORNEY Tom Brooke  MAYOR Charles Seaford TOWN COUNCIL Don Bringle Arthur Heggins Brandon Linn Rodney Phillips Steve Stroud  TOWN OF CHINA GROVE  RESOLUTION FIXING A DATE OF PUBLICHEARING ONTHE QUESTION OF ANNEXATION PURSUANTTO NCGS 160A-31 WHEREAS, a petition was received on August 27", 2021, requesting annexation of a contiguous area described in said petition as the property owned by James Phillip Bostian and Alice Juliette H Stephens, located in the vicinity of Grove Street, East Liberty Street and Lentz Road, China Grove, NC 28023, consisting of 76.080 acres, be annexed into the Town of China Grove. (Rowan County WHEREAS, the Town of China Grove Town Council has by Resolution directed the Town Clerk to WHEREAS, certification by the Town Clerk as to the sufficiency of said petition has been made. NOW,THEREFORE, BE IT RESOLVED by the' Town Council of the' Town of China Grove that: Section 1. That a public hearing on the question of annexation of the contiguous area described below as requested by James Phillip Bostian and Alice Juliette H Stephens, will be held at  Tax Parcel 124 0190000001, 124 0190000002, 124 102, 124 061, 124 046); and  investigate the sufficiency thereof; and  Town Hall at 6:00 pm on the 2nd day of November, 2021.  Section 2. The area proposed for annexation is described as follows:  Location:  Int the vicinity of Grove Street, East Liberty Street and Lentz Road, China Grove, NC 28023. Rowan County Tax Parcel 124 0190000001, 1240190000002, 124 102, 124061, 124046.  Metes and Bounds Property Description:  Commencing at N.C.G.S. monument 7 JS 42; thence with a bearing of S 19°39'42" E and a distance of 92.01' to an existing pipe on the southwesterly margin of the right of way of E Liberty Street; thence with a bearing of S 19°39'42" E and a distance of 92.01' to a rebar set on the southerly terminus of the right of way of E Liberty St; thence following the southerly terminus with a bearing of N 88°41'14" E: and a distance of 50.64' to a set rebar, being the common corner of the property of Richard J Gassew (now or formerly) recorded in deed book 1361, page 383; thence following the common line thereof with a bearing of N 88°36'43" E: and a distance of 185.75' to an existing pipe, being a common corner of the property of Carl B Zachary and Donna Garmon (now or formerly) "Ina accordunce with Federal law and U.S. Department ofA Agriculture policy. this institution is prohibited! from discriminating on the basisef race. color, national origin. uge. disabiliry. religion, sex. fumilial status, sexual orientation, and reprisal. (Not all prohibited bases apply t0c all  333NN Main Street, China Grove. NC 28023 I Phone (704)857-2466 Fax (704)855-1855  prgrums)."    recorded in deed book 934, page 407; thence with the common line thereof with a bearing of S 78°22'29" Eand a distance of21.55' to an existing pipe, being the common corner of the property of Bruce D and Rebecca A Jones (now or formerly) recorded in deed book 1025, page 595; thence following the common line thereof with al bearing of S 89°57'37" E and a distance of 158.02' (passing an existing pipe at 148.90') to an existing pipe, being the common corner of the property of Mark and Christine Lefler (now or formerly) recorded in deed book 1250, page 276, and being on the southerly line of the property of Bruce D and Rebecca A Jones (now or formerly) recorded in deed book 1025, page: 596; thence following the common line of Lefler four (4) calls: (I) with al bearing of S06010'01" Eand a distance of 85.86' to an existing pipe; (2) with a bearing of S 16°03'49" E and a distance of 147.57' to an existing rebar; (3) with a bearing of S 88°55'33" E and a distance of 80.00' to an existing pipe in a root; (4) with a bearing of S 89°23'39" E and a distance of 299.96' to an existing rebar set in the western side of Grove St (S.R. 1485); thence parallel with Grove St with a bearing of S 16°07'11" E and a distance of 112.22' to an existing pipe at the southerly terminus of Grove St.; thence following the southerly terminus thereof with a bearing of N 73°08'50" E and a distance of 41.71' to an existing pipe, being on the westerly line of the property of Terry L Bame (now or formerly) recorded in deed book 1293, page 543 and shown on plat recorded in plat book 9995, page 8023; thence following the common line of Bame three (3) calls: (1) with a bearing of S 16°15'11" E and a distance of 185.80' to an existing pipe; (2) with a bearing of S 24°30'21" E and a distance of 75.97' to an existing pipe; (3) with al bearing of S78°44'26" Eand a distance of 581.39 to apoint, being a common corner of the property of Donald Ray and Frances Heglar (now or formerly) recorded in deed book 1265, page 132; thence following the common line thereof with al bearing of S 85°44'33" E: and a distance of 130.16' to an existing pipe, being the common corner of the property of New South Holding LLC (now or formerly) reçorded in deed book 1340, page 144; thence following the common line thereof with a bearing of S 35°58'24" W and a distance of 1707.66' to an existing pipe, said pipe being on the northeasterly line of the property of Mickey L Roberts and Latonia K Roberts (now or formerly) recorded in deed book 870, page 717; thence following the common line thereof with a bearing of N 51°19'15" W and a distance of 90.47' to an existing stone, being the common corner of the property of Penny L Story (now or formerly) recorded in deed book 899, page 567, and being shown as Lot 4 on plat recorded inj plat book 9995, page 657; thence following the common line thereof and the northerly line of lots 4 and 3 as shown on plat book 9995, page 1586 with a bearing of N 89°32'13" W and a distance of 842.99' (passing an existing rebar at 185.22') to an existing pipe, being the common corner of the property of Douglas and Kristen Jansen (now or formerly) recorded in deed book 1312, page 664, and shown as Lot 3 on plat recorded in plat book 9995, page 1586; thence with the common line thereof with a bearing of N 88°12'53" W and a distance of 182.63' to an existing pipe on the easterly line of the property of Dayspring Community Church (now or formerly) recorded in deed book 1263, page 330, and shown on plat recorded in plat book 9995, page 8011; thençe following the common line thereof two (2) calls: (1) with a bearing of N 04°42'16" E and a distance of 451.80' to an existing bent pipe; (2) with a bearing of N 84°15'56" W and a distance of 752.36' (passing an existing rebar at 530.87', and an existing rebar at 560.76') to an existing pipe on the easterly margin of the right of way of Lentz Rd (S.R. 1337); thence following said right of way with a bearing of N 04°56'43" E: and a distance of 556.63' to a set rebar, being the common corner of the property of Duke Energy (now or formerly) recorded in deed book 434, page 576); thence following the common line thereof two (2) calls: (I) with a bearing of S 85°51'33" E and a distance of 45.02' to a set rebar; (2) with a bearing of N 45004'39" E and a distance of 100.20' toan existing concrete monument on the southern line of the property of Bill and Jettie Wise Limited Partnership (now or formerly) recorded in deed book 1228, page 784; thence following the common line thereof with a bearing of S 85°54'05" E and a distance of 475.49' (passing an existing pipe 1.3' north ofl line at 240.97', and an existing pipe at 443.49') to an existing pipe on the southerly terminus "Inc accordance with Federul lav and U.S. Department ofA Agriculture policy, this institution is prohibited from discriminating on the basis of race. color, national origin, uge, disability, religion, sex.) familia! status, sexual orientation, and reprisal. (Not all prohibited buses apply to all  3331 NI Main Street. China Grove, NC: 28023 I Phone (704) 857-2466 Fax/(704)855-1855  programs)."    of the right of way of Bare St; thence following the northeasterly margin thereof with a bearing of N 36°40'36" W and a distance of 131.55' to an existing pipe, being the common corner of the property of Gary Alan and Sylvia B Ritchie (now or formerly) recorded in deed book 749, page 473; thence following the common line thereof with a bearing of N 52°44'24" E and a distance of 251.22' to an existing pipe on the southwesterly line of the property of Garys Bar-B-Q, Inc. (now or formerly) recorded in deed book 720, page 193; thence following the common line thereof four (4) calls: (1) with a bearing of S3720'11" E: and a distançe of 19.94' to an existing pipe; (2) with a bearing of N 12°29'47" E and a distance of 52.50' to an exisitng metal rod; (3) with a bearing of N 22°30'58" E and a distance of 96.12' to an existing pipe; (4) with a bearing of N 13°05'08" W and a distance of 259.80' to an existing bent metal rod, being the common çorner of the property of Charies David and Lillian Ann Cauble (now or formerly) recorded in deed book 1243, page 941; thence following the common line thereof two (2) calls: (1) with a bearing of S 87°52'06" E and a distance of 351.93' to a magnetic reading in a cedar tree root; (2) with al bearing of N03-44'12" E and a distance of 100.02' to an existing bent pipe next to a witness post, being the common corner of the property of Ronnie Howard McDaniel (now or formerly) recorded in deed book 549, page 614; thence following the common line thereof four (4) calls: (1) with a bearing of S 89°20'03" E and a distançe of24.49' to an existing pipe; (2) with a bearing of N 34°10'34" W and a distance of 60.75' to an existing pipe; (3) with a bearing of N 05°05'59" W and a distance of 125.20' to an existing pipe; (4) with a bearing of N1904759" W and a distance of 86.03' to an existing pipe on the southeasterly margin of the right of way ofU.S. Hwy 92; thence following the margin of said right of way with a bearing of N 60°47'29" Eand a distance of 12.10' to an existing pipe; being the point of BEGINNING, having an area of  76.080 acres, more or less, as shown on a survey by Carolina Surveyors, Inc.  Section 3. Notice of said public hearing shall be published in the Salisbury Post, a newspaper having general circulation in the Town of China Grove, at least ten (10) days prior to the date of said  public hearing.  Section 4. This Resolution shall become effective upon its adoption and approval.  Adopted and approved this the 5th day of October, 2021.  Charles Seaford, Mayor  ATTEST:  Pamela L. Mills, Town Clerk  333 NI Main Street, China Grove. NC: 28023 I Phone (704) 857-2466 I Fax (704)855-1855  "Inc accordunce with Federal law and U.S. Department ofA Agriculture policy. this institution is prohibited from discriminating on the basis of race, color, national origin, age, disabiliry. religion, ser. familial stalus, sexuald orientation, and reprisul. (Not all prohibited bases apply toc all  programs)."