312 CONCORD CITY COUNCIL REGULAR MEETING AUGUST11, 2022 Aregular meeting of the City Council for the City of Concord, North Carolina, was heldi in the 3rd floor City Hall Council Chambers located at 35 Cabarrus Ave, W, on August 11, 2022, at 6:00 p.m. with Mayor William C. Dusch presiding. Council members were present as follows: Mayor Pro-Tem Terry L. Crawford Council Member Andy Langford Council Member W. Brian King Council Member Betty M. Stocks Council Member JC McKenzie Council Member Jennifer Parsley-Hubbard Council Member John A. Sweat, Jr. City Manager, Lloyd Wm. Payne, Jr. City Attorney, VaLerie Kolczynski City Clerk, Kim J. Deason Assistant City Managers Department Directors Members Present: Others Present: Call to Order, Pledge of Allegiance, and Moment of Silent Prayer: The meeting was called to order by Mayor Dusch followed by the Pledge of Allegiance and a moment of silent prayer. Approval of Minutes: the vote: all aye. Presentations: A motion was made by Mayor Pro-Tem Crawford and seconded by Council Member Sweat to approve the minutes for the meetings of June 21, July 12, and. July 14,2022- Mayor Dusch presented a Certificate of Appreciation to Chad Oxendine for his 23 years of teaching tennis at Myers Park for the Parks and Recreation Department. Mayor Dusch presented the City of Concord Deputy Finance Director, Kristin Roe, on behalf of the Finance Department the Certificate of Achievement for Excellence in Financial Reporting for period ending June 30, 2021. The City has received this award for 33 consecutive years. Persons requesting to be heard: Darla Carballo, 2566 Sunberry Lane, NW, addressed the Council in reference to damages to her home she claims was due to flooding when the City's infrastructure Bradley Dilks, 3820 Zemosa Lane, NW, addressed the Council in regards to the tabled rezoning request. He asked the Council to consider denying the request and gave his failed. 313 reasons why. Harris Morrison, 556 Hermitage Dr, asked the Council to consider approving the easements for the Lakeshore Corporate Park. Public Hearings: 1. Conducta public hearing pursuanti tol NC General Statutes Sec. 158-7.1and consider offering a contract for a one year I 85% tax based Economic Development Incentive Grant tol Keysteel Corp. to locate at 4758 Poplar Tent Rd., Under the North Carolina General Statutes, City Council may offer incentives to stimulate private sector expansion of new facilities. Keysteel Corp. proposes to develop an approximately 70,000 SF manufacturing plant for construction related products made from steel wire. Their process manufactures welded wire reinforcement products. Keysteel's proposed investment represents a total $10,000,000 - $12,000,000 investment in real and personal property. The project expects to create 10-15 new full time jobs with average wages of $48,000.00." The total value oft the City's one! year grant is estimated to equal $39,168 dependent ont the actual investment. The City of Concord would still collect a 1-year net revenue of $6,912 after the incentive payments. See AI motion was made by Mayor Pro-Tem Crawford and seconded by Council Member There were no speakers signed in to speak in favor or in opposition to the request. Therefore, ar motion was made by Mayor Pro-Tem Crawford and seconded by Council Member Parsley-Hubbard to close the public hearing-the vote: all aye. Ar motion was made by Council Member McKenzie and seconded by Mayor Pro-Tem Crawford to offer a contract for a one year / 85% tax based Economic Development Incentive Grant to Keysteel Corp to locate at 4758 Poplar Tent Rd., Concord, NC-the Conducta public hearing to consider designating thel P.M. Morris Building located at 48-56 Union St S and 41 Market St SW as al local historic landmark. Justin Mueller, the registered agent for Morris Building, LLC, the owner of the building, applied for designation of the property as al local historic landmark. This designation is accomplished by ordinance adopted by City Council, in accordance with the procedures set forth in Section 9.8.3. The ordinance requires a report to be generated by the Historic Preservation Commission and reviewed by the State Historic Preservation Office, per statute, as well as a review of the designation by the Planning and Zoning Commission, and public hearings to be held jointly or separately by the Historic Preservation Commission and the City Council. The pre-requisite reviews and the The impacts of the designation are the following: Designating the parcel as al historic landmark, results in a 50% tax deferment. There is a claw-back provision to reclaim three years' worth of the deferment if the site were to lose its landmark status. The current tax value of the parcel is $509,240. The property incurs a $0.48 standard City tax rate as well as a $0.23 MSD (Municipal Service District) tax rate. With the 50% The improvements were approved by the Department of Interior and the building is currently under extensive renovation. Modifications to the structure will require a Certificate of Appropriateness to the extent described in the designation ordinance subject to approval byt the Historic Preservation Commission. Fort the subject property, the designation includes the exterior oft thel building andj portions oft the building interior. The original character defining features identified on the exterior are the entire exterior Concord, NC. attached grant analysis for additional details. Parsley-Hubbard to open the public hearing- the vote: all aye. vote: all aye. 2. Historic Preservation Commission's hearing have already occurred. deferral, the property owner will save $1,807.81 (City impact). 314 façade and the parking lot on Market St SW. The original character defining features identified on the interior are the plaster walls and ceilings, tongue-and-groove wood floors and ceilings, molded wood cornices and chair rails, baseboards capped with moldedi trim, molded door and window surrounds, three-panel andf five-honzonta-pane! doors surmounted by square glazed transoms, woods stair railings with square balusters, molded handrails, and square paneled newels. The Certificate of Appropriateness for demolition can have its effective date delayed for a year. The designation does not The Planning and Zoning Commission recommended the following statement of reasonableness: and consistency: Thep proposed request is consistent with Objective 3.2 oft the 20301 Land Usel Plan' "Support historic preservation efforts withini the City's historic districts and for other historic sites." It is reasonable to extend historic preservation protections to the property at 48-56 Union St S and 41 Market St SW as al historically significant building in Concord's downtown to ensure that it will retain important A motion was made by Council Member Stocks and seconded by Council Member There were no speakers signed in to speak in favor or in opposition to the request. Therefore, ar motion was made by Council Member Parsley-Hubbard and seconded by Council Member Sweat to close the public hearing--the vote: all aye. A motion was made by Mayor Pro-Tem Crawford and seconded by Council Member Sweat to adopt the following Statement of Consistency--the vote: all aye. The proposed request is consistent with Objective 3.2 of the 2030 Land Use Plan "Support historic preservation efforts within the City's historic districts and for other historic sites." Itis reasonable to extend historic preservation protections to the property located at 48-56 Union St, S and 41 Market St, SW as historically significant buildings and structures in Concord to ensure that the site will remain important elements of its Ar motion was made by Council Member McKenzie and seconded by Council Member King to adopt thet following ordinance designating thel P.M. Morris Building located at 48- 56 Union St S and 41 Market St SW as al local historic landmark--the vote: all aye. AN ORDINANCE OF THE CONCORD CITY COUNCIL DESIGNATING THE P.M. MORRIS BUILDING LOCATED. AT 48-56 UNION ST. S. and 41 MARKET ST. SW. WHEREAS, North Carolina General Statutes $160D-945 grants North Carolina local governments the authority to designate local historic landmarks upon compliance with WHEREAS, the City of Concord has complied with the required landmark designation procedures of $160D-946 of the North Carolina General Statutes and the local historic landmark designation procedures set forth in the Concord Development Ordinance WHEREAS, the Concord Historic Preservation Commission conducted a public hearing WHEREAS, the P.M. Morris Building, constructed in 1904, was one of the largest and mosts sophisticated commercial buildings int the downtown central business district oft the City of Concord, and displays character-defining: elements of late-nineteenth ande early- impact the range of permitted uses on the property. elements of its historic character. Sweat to open the public hearing--the vote: all aye. historic character. ORD.#22-97 ASALOCAL HISTORIC LANDMARK North Carolina General Statutes $160D-946; and $9.8.3;and on. July 13, 2022 to consider the proposed designation; and to mid-twentieth.century commercial design; 315 NOW, THERFORE, BE IT ORDAINED, by the City Council of Concord, NC: 1. That 0.47 +/- acres located between Union St. S. and Market St. SW. and northwest of Barbrick Ave. SW., (Cabarrus County Parcel Number: 5620-97-1613) is hereby designated a local historic landmark pursuant to Part 45, Article 9, Chapter 160D of the North Carolina General Statutes. This property is more Lying and being situate in Cabarrus County, North Carolina, and being more Lying and Being in Ward Number Four (4) of the City of Concord, Number Twelve (12) Township of Cabarrus County, North Carolina on the Southwest side of Union Street, South, and oni the Northeast side of Market Street, Southeast, and Being that property shown on a physical survey by Billy B. Long, R.L.S., dated April 19, 1988, BEGINNING at a point at the center of the building at or neart the Southwestern edge of the concrete sidewalk that runs parallel with Union Street, South (said Beginning point also being a comer of the property of the City of Concord (Deed Book 569, Page 313)) and runs thence with the line of the City of Concord South 47-36-20 West 183.921 feet to ap.k. nail ini thel Northeastern edge of the concrete sidewalk that runs parallel with Market Street, Southeast; thence Norh41-59-57 West 106.16f feet to an iron stake at the Southern edge ofa 8.0 foot alley; thence with the Southern edge of the alley and the Northern exterior surface of the building, North 47-44-10 East 183.42 feet to the corner of the building in the Southwestern portion of the concrete sidewalk that runs parallel with and lies to the Southwest of Union Street, South; thence South 42-16-10 East 105.74 feet to the point of BEGINNING. The local historic landmark designation encompasses the site, parking lot, building exteriors oft the structures, and the following portion of the interior: plaster walls and ceilings, tongue-and-groove. wood floors and ceilings, molded wood cornices and chair rails, baseboards capped with molded trim, molded door and window surrounds, three-panel and five-horizonta-pane! doors surmounted by square glazed transoms, wood stair railings with square balusters, molded handrails, and square paneled newels as indicated in the designation parameters on page 26 of the Local Historic 3. The property subject to designation is located at 48-56 Union St. S. and 41 Market St. SW., Concord, North Carolina. This property is more particularly described as the property at GIS PIN 5620-97-1613 on the Cabarrus County Tax That said designated property may be materially altered, restored, moved, or demolished only following the issuance of a Certificate of Appropriateness by the Concord Historic Preservation Commission. For the designated interior portions, a Certificate of Appropriateness is required for modifications that impact, affect, or obscure architectural or layout details as set forth in the landmark report and supplementary materials. An application for a Certificate of Appropriateness authorizing demolition of said property may not be denied; however, the effective date of such a Certificate may be delayed in accordance with Chapter 160D,Article 9, Part 45 and amendments, thereto and hereinafter adopted. The regulations relating to Certificates of Appropriateness are found in the City of Concord Development Ordinance. Owners of locally designated historic landmarks are expected to be familiar with and follow The Secretary yoft the Interior's Standards for Rehabilitation, the standards used by the City of Concord Historic Preservation Commission to evaluate proposed alterations and additions for this property. 5. That nothing int this ordinance shall be construed to prevent or delay the ordinary maintenance or repair of any architectural feature in or on said property that does not involve a change of design, material, or outer appearance thereof. Nothing specifically described as follows: particularly described as follows: and being more fully described as the follows: 2. Landmark Designation Report for the P.M. Morris Building. Maps. 4. 316 herein shalll be construed to prevent thep property ownert from making any use of this property not prohibited by other statutes, ordinances, or regulations. 6. That a suitable sign may be posted indicating that said property has been designated as historic property and containing any other appropriate information. If the owner consents, the sign may be placed on said property. If the owner objects, 7. That the owners of the property known as the P.M. Morris Building be given notice of this ordinance as required by applicable law and that copies of this ordinance be filed and indexed in the offices of the City Clerk, Cabarrus County Building Services Division, Cabarrus County Register of Deeds, and the Tax 8. That the City Council adopted the following statement of reasonableness and consistency in support of the request: the proposed request is consistent with Objective 3.2oft the 2030Land Use Plan" 'Support! thistoric preservation efforts within the City's historic districts and for other historic sites." " It is reasonable to extend historic preservation protections to the property located at 48-56 Union St S and 41 Market St SWa as historically significant buildings ands structures in Concord to ensure the sign may be placed on a nearby public right-of-way. Supervisor as required by law. that the site will retain important elements of its historic character. 9. This ordinance shall become effective upon adoption. Adopted this 11th day of August, 2022 by the City Council of Concord, North Carolina. CITY COUNCIL CITY OF CONCORD NORTH CAROLINA Is/ William C Dusch, Mayor ATTEST: /s/ Kim Deason, City Clerk Is/ VaLerie Kolczynski, City Attorney 3. Conduct a public hearing for case Z-06-22 and consider adopting an ordinance amending the official zoning map for +/-1.12 acres located at760 Pitts School Road from C-2( (General Commercial) tolLightindustria), and to amend the 2030 Land Use Plan to modify the future land use designation of the parcel The property was annexed by City Council on March 31, 1991. The Planning and Zoning Commission heard the above referenced petition at their. July 19, 2022meeting and unanimously voted to forward the request to City Council with a recommendation that the: zoning map be amended from C-2( (General Commercial)t tol I-1 (Lightindustrial) and to amend the 2030 Land Use Plan to designate the parcel as Industrial Employment. The: sitei is proposed tol be an expansion oft the Meadows Corporate Park Ar motion was made by Mayor Pro-Tem Crawford and seconded by Council Member There were no speakers signed in to speak in opposition or in favor of the request. Therefore, a motion was made by! Mayor Pro-Tem Crawford and seconded by Council Member Parsley-Hubbard to close the public hearing- the vote: all aye. A motion was made by Mayor Pro-Tem Crawford and seconded by Council Member Sweat to adopt the following Statement of Consistency--the vote: all aye. from Rural to Industrial Employment. across Pitts School Rd. and was allocated sewer on July 19, 2022. Parsley-Hubbard to open the public hearing-t the vote: all aye. 317 Thes subject property is approximately +/-1.12 acres and is zoned City of Concord The subject property was annexed into the City on March 31, 1991 and rezoned The proposed zoning is not consistent with the 2030L Land Use Plan as I-1 (Light Industrial) is not a corresponding zoning classification to the "Rural" Land Use Category. However, the subject property is located adjacent to other properties zoned industrial, commercial uses, and vacant parcels as well as being in close proximity to the I-85 highway corridor. This zoning would be compatible with the adjacent I-1 (Light Industrial) zoning to the south and southwest and the C-2 (General Commercial) zoning to the north and west. The proposed I-1 (Light Industrial) zoning will allow for flex industrial uses on the property similar to Thez zoning amendment is reasonable andi in the public interest as iti tis consistent with the existing zoning adjacent to the subject property and the adjacent industrial uses. The proposed zoning will allow for industrial uses to locate ini the A motion was made by Council Member McKenzie and seconded by Council Member Sweat to adopt the following ordinance amending the official zoning map from C-2 (General Commercial): tol I-1( (Light Industrial) andi to amend the 2030Land Use Plan to modify the future land use designation of the parcel from Rural to Industrial C-2 (General Commercial). to City of Concord C-2 (General Commercial) at that time. parcels to the south and southwest. vicinity of I-85 and the highway corridor. Employment--the vote: all aye. ORD. #22-98 AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF CONCORD, NORTH CAROLINA FOR PROPERTY LOCATED AT 760 PITTS SCHOOL ROAD, CONCORD, NORTH WHEREAS, the City of Concord, North Carolina, pursuant toi the authority conferred by thel North Carolina General Statutes 160A-364 enacted an Official Zoning Ordinance for the City of Concord, North Carolina and the Area of Extraterritorial Jurisdiction on July WHEREAS, the City of Concord, North Carolina, pursuant toi the authority conferred by North Carolina General Statute 160D-601 through 160D-605, 160D-701 through 160D- 706, 160D-801 through 160D-808 and 160D-901 through 160D-951, may from time to time as necessary amend, supplement, change, modify or repeal certain of its zoning WHEREAS, the City of Concord, North Carolina, pursuant toi the authority conferred by North Carolina General Statute, Chapter 160A, Art. 19, Session Laws of 1993, Chapter 247, House Bill5 575 and Section 3.2.4.B.2c oft the Concord Development Ordinance does hereby allow the Planning and Zoning Commission to be final approval authority for zoning changes of land, provided that at least three-fourths oft the members present vote WHEREAS, NCGS 160D-501 and 160D-605 require that comprehensive plan map amendments be considered ina al legislative fashion consistent with the manner in which text amendments are considered, and this authority has not been delegated to the City NOW, THEREFORE BE IT ORDAINED byt the Planning and Zoning Commission of the SECTION 1. That the P&Z Commission held a duly advertised public hearing on July 19, 2022. Att the close of the public hearing, the P&Z Commission adopted the following "Statement of Zoning Consistency" as required by NC Gen Stat 160D-605. CAROLINA 28, 1977; and regulations and restrictions and zone boundaries; and in the affirmative, and no appeal of the decision is taken; and of Concord Planning and Zoning Commission; and City of Concord, North Carolina: 318 The subject propertyi is approximately +/-1.12 acres andi isz zoned City of Concord The subject property was annexed into the City on March 31, 1991 and rezoned The proposed: zoning is not consistent with the City of Concord's 2030L Land Use Plan (LUP) as I-1 (Light Industrial) is not a corresponding. zoning classificationto the "Rural" Land Use Category. However, the subject propertyi isl located adjacent to other properties zoned industrial, commercial uses, and vacant parcels as well as being in close proximity to the I-85 highway corridor. This zoning would be compatible with the adjacent I-1 (Light Industrial) zoning to the south and southwest and the C-2 (General Commercial) zoning tot the north and west. The proposed 1-1 (Light Industrial) zoning will allow for flex industrial uses on the The: zoning amendment is reasonable andi in the public interest as itis consistent with the existing zoning adjacent to the subject property and the adjacent industrial uses. The proposed zoning will allow for industrial uses to locate in the The P&Z Commission then voted to unanimously recommend approval of the map amendment to I-1 (Light Industrial) and designate the property I-E (Industrial Employment) in the 2030 land use plan. Since the rezoning would result in a comprehensive plan amendment, it is forwarded to City Council for hearing with a SECTION:2. That the City Council held a duly advertised public hearing on August 11, 2022. At the close of the public hearing, the City Council adopted the following "Statement of Zoning Consistency" as required by NC Gen. Stat 160A-382(b). C-2 (General Commercial). to City of Concord C-2 (General Commercial) at that time. property similar to parcels to the south and southwest. vicinity of I-85 and the highway corridor. recommendation from the Planning and Zoning Commission. The subject property is approximately +/-1.12 acres andi is zoned City of Concord The subject property was annexed into the City on March 31, 1991 and rezoned The proposed zoning is not consistent with the 2030 Land Use Plan as I-1 (Light Industrial) is not a corresponding zoning classification to the "Rural" Land Use Category. However, the subject property is located adjacent to other properties zoned industrial, commercial uses, and vacant parcels as well as being in close proximity to the I-85 highway corridor. This zoning would be compatible with the adjacent I-1 (Light Industrial) zoning to the south and southwest and the C-2 (General Commercial) zoning to the north and west. The proposed I-1 (Light Industrial) zoning will allow for flex industrial uses on the property similar to The: zoning amendment is reasonable and in the public interest as iti is consistent with the existing zoning adjacent to the subject property and the adjacent industrial uses. The proposed zoning will allow for industrial uses to locate in the The City Council then voted to APPROVE the map amendment by the required super- SECTION:3: That the Official Zoning Map is hereby amended by rezoning from City of Concord C-2 (General Commercial) to City of Concord I-1 (Light Industrial) the area described as follows and that the future land use designation of I-E (Industrial C-2 (General Commercial). to City of Concord C-2 (General Commercial) at that time. parcels to the south and southwest. vicinity of I-85 and the highway corridor. majority. Employment) is applied in the 2030 Land Use Plan: 319 The certain tract or parcel of land situated, lying and being Cabarrus County, North COMMENCING at a Control Point "HV-5" having NAD83 coordinates of North: 604,872.354, East: 1,494,313.470; thence North 24°55'43" East a ground distance of 450.451 feet to NCGS Monument "7 JS 9" having coordinates of North: 605,280.62, East: 1,494,503.36; thence South 42°44'21" East a ground distance of 624.50 feet to a 3/4" pipe located on the southwestern comer of property owned by Cline Dirt, LLC (now or formerly, as described in Deed Book 1 1000, Page 338 of the Cabarrus County Public Registry (the' "Registry"), and! having PIN# 4690550351) ), and the northeastern cornerof property owned by Fortus-Richardson, LLC (now or formerly, as described in Deed Book 13135, Page 206 of the Registry, and having PIN: # 4690440279), said pipe having NAD83 coordinates of! N: 604,822.23, East: 1, ,494,927.10, and being the point and place of BEGINNING; thence with the common line with the aforesaid Fortius-Richardson Property South 82'55'03" West a distance of 349.67 feet to a 1/2" rebar; thence with the arc of a curve to the right having a radius of 440.00 feet and an arc distance of 346.53 feet (chord bearing North 46°54'24" East and chord distance of 337.64 feet) to a right- of-way disk; thence North 75°31'59" East a distance of 61.90 feet to a 1/2" rebar set on the northwestern corner of the aforesaid Cline Dirt Property; thence with the common line with the Cline Dirt Property South 110°17'04" East a distance of 207.02 feet to the point and place of BEGINNING; containing approximately 1.119 acres, more or less, as shown ont that certain survey prepared for Fortius Capital Partners, prepared by NorStar SECTION4. That the establishment of this district and subsequent issuance of Zoning SECTION5. That the above-described property shall be perpetually bound to the uses authorized ini the Concord Development Ordinance, as such may be amended from time to time and as provided for under Article 3 of the Concord Development Ordinance. SECTION 6. That the effective date hereof is the 11hday of August, 2022. Carolina, and being more particularly described as follows: Land Surveying, Inc., dated December 2, 2019 (NLS No. 19207). Clearance Permits are hereby authorized. Adopted this 11th day of August 2022. CITY COUNCIL CITY OF CONCORD NORTH CAROLINA Is/ William C Dusch, Mayor ATTEST: Is/ Kim Deason, City Clerk Is/ VaLerie Kolczynski, City Attorney 4. Conducta public hearing and considera approving an ordinance to adopt the The 2030 Land Use Plan Implementation Work Plan established the need for an update to the 2005 Concord Parkway/Roberta Church Rd Small Area Plan with a new Mixed- Use Corridor Plan for the George W. Liles Pkwy. Staff will present an overview of the George W. Liles Pkwy Small Areal Plani including a review oft the market analysis, public input, existing conditions, the vision fori the Small Area Plan, scale comparisons for the area, key recommendations for the two study areas within the plan, future implementation, and a review of what was heard during the public comment period. The draft plan was made available to the public for review through the City's Publicl Input page from June 23rd through July 14th. Staff received 21 responses from participants and the project page received 1,555 views. The plan was presented to the Planning & Zoning Commission on July 19th where they passed the motion to recommend to City George W. Liles Small Area Plan 320 Councilt thatt the George W. Liles Pkwy Small Areal Plan! be: adopted. The public hearing notice was advertised in The Independent Tribune on July 31st and August 7th. Ar motion was made by Mayor Pro-Tem Crawford and seconded by Council Member There were no speakers signed in to speak in opposition or in favor of the request. Therefore, a motion was made by! Mayor Pro-Tem Crawford and seconded by Council Member Parsley-Hubbard to close the public hearing-the vote: all aye. A motion was made by Mayor Pro-Tem Crawford and seconded by Council Member Sweat to adopt the following Statement of Consistency- -the vote: all aye. Stocks to open the public hearing-the vote: all aye. The proposal is consistent with the 2030 Land Use Plan as al Mixed-Use. Activity Center as indicated at the George W. Liles Parkway/Concord Parkway intersection and the plan sets forth at framework for development of this area, The proposal is reasonable in that the development of the Plan has included substantial outreach to property owners, stakeholder, and the general public. A motion as made by Council Member McKenzie and seconded by Council Member Parsley-Hubbard to adopt the following ordinance adopting the George W. Liles Small Area Plan-the vote: all aye. ORD.#22-99 AN ORDINANCE ADOPTING THE GEORGE W. LILES PARKWAY SMALL AREA PLAN (GLSAP) OF THE CITY OF CONCORD, NORTH CAROLINA WHEREAS, the City of Concord, North Carolina pursuant to the authority conferred by thel North Carolina General Statute $160A-364 enacted an Official Zoning Ordinance for the City of Concord, North Carolina and the Area of Extraterritorial Jurisdiction on July WHEREAS, the City of Concord, North Carolina pursuant tot the authority conferred by North Carolina General Statute SS160D-501 shall adopt andr maintain a comprehensive plan that sets forth goals, policies, and programs intended to guide the present and future physical, social, and economic development of the jurisdiction; and WHEREAS, the City may prepare and adopt other such plans as deemed appropriate, which may include small area plans and neighborhood plans; and WHEREAS, the adopted 2030 Land Use Plani recommends the, preparation of ap plan for the general area of the George W. Liles Parkway, and the City has obtained property owner and publici inputi in the development of the plan; and WHEREAS, the Planning and Zoning Commission has unanimously recommended NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Concord, SECTION 1: That the George W. Liles Parkway Small Area Plan as indicated on SECTION 2: That this Ordinance be effective immediately upon adoption. 28, 1977; and approval of the plan on July 19, 2022. North Carolina: Attachment Ai is adopted. Adopted in this August 11, 2022. CITY COUNCIL CITY OF CONCORD NORTH CAROLINA 321 Is/ William C Dusch, Mayor ATTEST: Is/ Kim Deason, City Clerk Is/ VaLerie Kolczynski, City Attorney 5. Conduct a public hearing for case Z(CD)-34-21 and consider adopting an ordinance amending the officialz zoning map for +l-. .507 acres located at plo 10435 Poplar Tent Rd from Huntersville ETJ Rural (R) to City of Concord Residential Village-Conditional District (RV-CD) and to amend the 2030 Land Use Plan to The property was annexed by City Council on June 9, 2022, and is located in Mecklenburg County, which is whyitv was not previously included int the 2030 Land Use Plan. The Planning and Zoning Commission heard the above referenced petition at their July 19th meeting and unanimously voted to forward the request to City Council with ar recommendation thatt thez zoning mapl be amended from Huntersville ETJRuralto City of Concord RV-CD (Residential Vilage-Condtional District) and concurrently to amend the 2030 Land Use Plan to incorporate the parcel as Suburban Neighborhood. A motion was made by Mayor Pro-Tem Crawford and seconded by Council Member Scott Moore, representing the applicant, was in attendance in support of the request. There were no further speakers signed in to speak in opposition or in favor of the request. Therefore, ar motion was made by! Mayor Pro-Tem Crawford ands seconded by Council Member Sweat to close the public hearing--the vote: all aye. A motion as made by Council Member McKenzie and seconded by Council Member Sweat to adopt thet following Statement of Consistency--the vote: all aye. incorporate the parcel as Suburban Neighborhood. King to open the public hearing- the vote: all aye. The subject propertyi is approximately +/-. .507 acres andi is currentlyzoned Town The subject property was annexed on June gth, 2022, and is currently vacant. The proposed zoning amendment isi not addressed by the City ofConcord's2030 Land Use Plan; however, the propertyi is adjacent to areas designated Suburban Neighborhood. In the Town of Huntersville 2040 Community Plan, the area is designated as Rural Conservation, which would recommend density no greater than. .9 units per acre. The proposed zoning amendment would noth be consistent with the Town of Huntersville Rural Conservation area, but would be more consistent with the City of Concord's Suburban Neighborhood designation: as RV (Residential Village) and conditional district variations are considered corresponding zoning classifications tot the' "Suburban Neighborhood'Land' Use Category. The! proposed: zoningi is a comparable extension of RV-CU (Residential Village Conditional Use) zoning to the east. Access to the property is provided from Concord only and not through land designated Rural by the Town of Huntersville. Rezoning the subject property to RV-CD (Residential Village Conditional District) would permit an expansion of an infill single-family attached housing option not found within the general vicinity, implementing guidance detailed in Objective 1.6oft the 20301 Land Use Plani related to providing a variety The zoning amendment is reasonable andi in the publici interest asi it wouid permit infill development of single-family attached dwellings with similar dimensional standards to the developing adjacent townhome development to the east and northeast. No access is proposed or possible from the Huntersville jurisdiction. The townhome housing type is not currently found within the general vicinity and thus the proposal would increase housing type options. Property tot the south is zoned for moderate density single-family detached. While the residential uses are classified differently, the conditional nature oft thep proposed: zoning wouldI limit the construction of buildings higher thant two-stories ensuring visual compatibility of Huntersville ETJ R (Rural). of housing options. 322 between the single and two-story single-family homes to the south. The proposal permits the development of a piece ofl land that would otherwise not be Ar motion was made by Council Member Parsley-Hubbard and seconded by Council Member McKenzie to adopt the following ordinance approving the request with the accessible or developable. conditions as listed-the vote: all aye. ORD. #22-100 AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP AND FUTURE LAND FOR PROPERTYI LOCATED AT PIO 10435 POPLAR TENT RD, CONCORD, NC WHEREAS, the City of Concord, North Carolina, pursuant to the authority conferred by the North Carolina General Statutes 160A-364 enacted an Official Zoning Ordinance for the City of Concord, North Carolina and the Area of Extraterritorial Jurisdiction on July WHEREAS, the City of Concord, North Carolina, pursuant to the authority conferred by North Carolina General Statute 160D-601 through 160D-605, 160D-701 through 160D- 706, 160D-801 through 160D-808 and 160D-901 through 160D-951, may from time to time as necessary amend, supplement, change, modify or repeal certain of its zoning WHEREAS, the City of Concord, North Carolina, pursuant to the authority conferred by North Carolina General Statute, Chapter 160A, Art. 19, Session Laws of 1993, Chapter 247, House Bill5 575 and Section 3.2.4.B.2 oft the Concord Development Ordinance does hereby allow the Planning and Zoning Commission to be final approval authority for zoning changes ofl land, provided that at least three-fourths oft the members present vote WHEREAS, NCGS 160D-501 and 160D-605 require that comprehensive plan map amendments be considered in a legislative fashion consistent with the manner in which text amendments are considered, and this authority has not been delegated to the City NOW,THEREFORE BE IT ORDAINED by the City Council of the City of Concord, North SECTION 1. That the P&Z Commission held a duly advertised public hearing on July 19th, 2022. At the close of the public hearing, the P&Z Commission adopted the following "Statement of Zoning Consistency" as required by NC Gen Stat 160D-605. The subject property is approximately +/-. 507 acres andi is currently zoned Town The subject property was annexed on June gth, 2022, and is currently vacant. The proposed. zoning amendment is not addressed by the City of Concord's2030 Land Use Plan; however, the property is adjacent to areas designated Suburban Neighborhood. In the Town of Huntersville 2040 Community Plan, the area is designated as Rural Conservation, which would recommend density no greater than. .9 units per acre. The proposed: zoning amendment would not be consistent with the Town of Huntersville Rural Conservation area, but would be more consistent with the City of Concord's Suburban Neighborhood designation as RV (Residential Village) and conditional district variations are considered corresponding zoning classifications to the "Suburban Neighborhood" Land Use Category. The proposed zoning is a comparable extension of RV-CU (Residential Village Conditional Use) zoning to the east. Access to the property is provided from Concord only and not through land designated Rural by the Town of USE MAP OF THE CITY OF CONCORD, NORTH CAROLINA 28, 1977; and regulations and restrictions and zone boundaries; and in the affirmative, and no appeal of the decision is taken; and of Concord Planning and Zoning Commission; and Carolina: of Huntersville ETJ R (Rural). 323 Huntersville. Rezoning the subject property to RV-CD (Residential Village Conditional District) would permit an expansion of an infill single-family attached housing option not found within the general vicinity, implementing guidance detailed in Objective 1.6ofthe 2030Land Use Plan related to providing a variety The zoning amendment is reasonable and in the public interest as itwould permit infill development of single-family attached dwellings with similar dimensional standards to the developing adjacent townhome development to the east and northeast. No access is proposed or possible from the Huntersville jurisdiction. The townhome housing type is not currently found within the general vicinity and thus the proposal would increase housing type options. Property to the south is zoned for moderate density single-family detached. While the residential uses are classified differently, the conditional nature of the proposed zoning would limit the construction of buildings higher than two-stories ensuring visual compatibility between the single and two-story single-family homes to the south. The proposal permits the development of a piece of land that would otherwise not be accessible The P&Z Commission then voted to RECOMMEND FOR APPROVAL the map amendment to Residential-Vilage Conditional District (RV-CD) and to incorporate the property into the 2030 Future Land Use Plan with the designation of "Suburban Neighborhood". Since the rezoning would resultinac comprehensive plan amendment, it isf forwarded to City Council for hearing with a recommendation from the Planning and SECTION2. That the City Council held a duly advertised public hearing on August 11, 2022. At the close of the public hearing, the City Council adopted the following "Statement of Zoning Consistency" as required by NC Gen. Stat 160A-382(b). ofh housing options. or developable. Zoning Commission. The subject property is approximately +/- .507 acres andi is currently: zoned Town The subject property was annexed on June gth, 2022, and is currently vacant. The proposed zoning amendment is not addressed byt the City of Concord's: 2030 Land Use Plan; however, the property is adjacent to areas designated Suburban Neighborhood. In the Town of Huntersville 2040 Community Plan, the area is designated as Rural Conservation, which would recommend density no greater than. .9 units per acre. The proposed zoning amendment would not be consistent with the Town of Huntersville Rural Conservation area, but would be more consistent with the City of Concord's Suburban Neighborhood designationas RV (Residential Village) and conditional district variations are considered corresponding zoning classifications to the 'Suburban Neighborhood" Land Use Category. The proposed zoningi is a comparable extension of RV-CU (Residential Village Conditional Use) zoning to the east. Access to the property is provided from Concord only and not through land designated Rural by the Town of Huntersville. Rezoning the subject property to RV-CD (Residential Village Conditional District) would permit an expansion of an infill single-family attached housing option not found within the general vicinity, implementing guidance detailed in Objective 1.60 oft the 2030 Land Use Plani related to providing a variety Thez zoning amendment is reasonable and in the publici interest as itwould permit infill development of single-family attached dwellings with similar dimensional standards to the developing adjacent townhome development to the east and northeast. No access is proposed or possible from the Huntersville jurisdiction. The townhome housing type is not currently found within the generalvicinity: and thus the proposal would increase housing type options. Property to the south is of Huntersville ETJ R (Rural). of housing options. 324 zoned for moderate density single-family detached. While the residential uses are classified differently, the conditionalr nature oft the proposed: zoning would limit the construction of buildings higher than two-stories ensuring visual compatibility between the single and two-story single-family homes to the south. The proposal permits the development ofay piece of land that would otherwise not be The City Council then voted to APPROVE the map amendment byt the required super- majority, subject to the following conditions which have been offered by the petitioner accessible or developable. and/or mutually agreed upon during the course of the hearing. The petitioner has consented to the following conditions: 1. Compliance with Sheets RZ-1 and RZ-20 oft the" "Rezoning Case: #z Z(CD)-34-21(A) 2. The subject plani is not designed to preliminary plat standards and therefore, any intended or perceived deviation from technical standards resulting from the somewhat conceptuall nature oft the plan shall not constitute approval to deviate from, or negate, technical standards within the Concord Development Ordinance, Technical Standards Manual, or any other regulatory document. 3. Driveway separation shall be a minimum of 10ft and all required Transportation improvements shall be adhered to in accordance with the TSM. 4. No more than 3 units shall be developed as part of the current phase of the 5.7 The .507 acres indicated in Mecklenburg County is the only property included 6. Technical site plan review and approval is required including all approvals from SECTION3: That the Official Zoning Mapi is hereby amended by rezoning from Town of Huntersville ETJ R (Rural) to Residential Village Conditional District (RV-CD) the areas described as follows and that the future land use designation of Suburban Commencing at (POINT OFE BEGINNING): ai found rebar, being further described as the South-Eastern corner of at tract of land owned Now or Formerly by Skybrook LLC, as recorded in Deed Book 7075, page 32 of the Cabarrus County Register of Deeds, also being located S55-58-03W 30.31' distant of the centerline of Poplar Tent Road (SR #2424), thence from the Point of Beginning N55-58-03E 30.31' to a point at the centerline of Poplar Tent Road (SR #2424), thence with the centerline of Poplar Tent Road S24-44-33E 170.15' to ap point, thence leaving the centerline of Poplar Tent Road $52-20-48W/274.60" (Passing throughaf found angle iron ats station 0+31.75)t to a found rebar, the southeast corner of Ambercrest Court NW, the Larry E. Stinson and Myra A. Stinson property previously annexed into the City of Concord, Thence $52-20-48W 50.00'1 to ar re bari found; Thence withi the southern line of thel LarryE. Stinson and Myra A. Stinson property S52-20-48W 297.02' to a point on the Cabarrus County Thence with thes southern line oft the Larry E. Stinson and Myra A. Stinson property $52- 20-48W 101.69'1 tor rebar found, the southwest corner oft the Larry E. Stinson and Myra A. Stinson property; Thence with the western line of the Larry E. Stinson and Myra A. Stinson property N22-46-54W 217.78' to al bolt found, the northwestern corner of the Thence witht ther northern line oft the Larry E. Stinson and Myra A. Stinson property N55- Skybrook Corners Expansion," "with revision date of 4/12/22. project. within this portion of the rezoning approval. outside local, state and federal agencies. Neighborhood is applied in the 2030 Land Use Plan: Mecklenburg County line, the POINT OF BEGINNING; Larry E. Stinson and Myra A. Stinson property; 325 58-03E 109.86' to a point on the Cabarrus County Mecklenburg County line; Thence withi the Cabarrus County ANDI Mecklenburg County line 20.427E2183210apont on the Cabarrus County Mecklenburg County on the southern line of the Larry E. Stinson and Myra A. Stinson property, the Point of Beginning. Being Tract 3 and containing 0.507 acres in Mecklenburg County SECTION4. That the establishment of this district and subsequent issuance of Zoning SECTION5. Thati the above-described property shall be perpetually bound to the uses authorized int the Concord Development Ordinance, as suchi may be amended from time to time and as provided for under Article 3 of the Concord Development Ordinance. SECTION 6. That the effective date hereof is the 11th day of August, 2022. Clearance Permits are hereby authorized. Adopted this 11th day of August 2022. CITY COUNCIL CITY OF CONCORD NORTH CAROLINA /s/ William C. Dusch, Mayor ATTEST: Is/ Kim J. Deason, City Clerk Is/ Valerie Kolczynski, City Attorney Ar motion was made by Council Member McKenzie and seconded by Mayor Pro-Tem Crawford to amend the 2030 Land Use Plan to incorporate the parcel as Suburban Conduct a public hearing for case Z(CD)-01-22 and consider adopting an ordinance amending the officialzoning map for +I-2.553 acres located at7995 Old Holland Rd. from unzoned to City of Concord Residential Compact-Conditional District/RC-CD): and to amend the 2030Land Use Plan to change the designation The property was annexed by City Council on March 10, 2022. The Planning and Zoning Commission heard the above referenced petition at their July 19th meeting and unanimously voted to forward the request to City Council with a recommendation that the zoning map be amended from unzoned to City of Concord RC-CD (Residential Compact-Conditonal District) and concurrently to amend the 2030 Land Use Plan to modify the future land use designation of the parcel from Commercial to Urban Neighborhood. The parcel was previously zoned Cabarrus County Limited Industrial prior to zoning expiring when more than 60 days elapsed between annexation and A motion was made by Council Member Sweat and seconded by Mayor Pro-Tem Neighborhood--the vote: all aye. 6. from Commercial to Urban Neighborhood. rezoning. Crawford to open the public hearing-t the vote: all aye. John Carmichael was in attendance in support of the request. There were no further speakers signed in to speak in opposition or in favor of the request. Therefore, ar motion was made by Mayor Pro-Tem Crawford and seconded by Council Member Parsley-Hubbard to close the public hearing- -the vote: all aye. Amotion as made by Council Member Parsley-Hubbard and seconded by Mayor Pro- Tem Crawford to adopt the following Statement of Consistency--the vote: Aye: Langford, King, Stocks, Crawford, Parsley-Hubbard, and Sweat; Nay: McKenzie. 326 The subject property is approximately +/-: 2.553 acres and is currently unzoned. The subject property was annexed onl March 10, 2022, and is currently occupied byas single family detached dwelling and assorted accessory structures. The proposed zoning amendment is not consistent with the City of Concord's 2030 Land Use Plan; however, the property is adjacent to areas developing as multi-family residential and is a component of a larger multi-family residential project that crosses the county line with Mecklenburg County. The proposed development would be consistent withi the City of Concord's Urban Neighborhood designation as RC (Residential Compact) and conditional district variations are considered corresponding zoning classifications to the "Urban Neighborhood" Land Use Category. The proposed zoning is comparable to existing and The zoning amendment is reasonable and in the public interest as it would link existing and proposed developments without compatibility concerns. The casita housing type is not currently found within the general vicinity and thus the proposal would increase housing type options, and is a reasonable use of a wedge-shaped parcelv withl limited access options that would otherwise be caught between two larger multi-family projects on al limited amount of land. A motion was made by Council Member Parsley-Hubbard and seconded by Council Member Sweat to adopt the following ordinance approving the request with the conditions asl listed-the vote: Aye: Langford, King, Stocks, ClaMon,Pase/ubar, proposed surrounding land uses. and Sweat; Nay: McKenzie. ORD.#22-100 AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP AND FUTURE LAND FOR PROPERIYLOCATED AT P/O 10435 POPLAR TENT RD, CONCORD, NC WHEREAS, the City of Concord, North Carolina, pursuant to the authority conferred by thel North Carolina General Statutes 160A-364 enacted an Official Zoning Ordinance for the City of Concord, North Carolina and the Area of Extraterritorial Jurisdiction on July WHEREAS, the City of Concord, North Carolina, pursuant tot the authority conferred by North Carolina General Statute 160D-601 through 160D-605, 160D-701 through 160D- 706, 160D-801 through 160D-808 and 160D-901 through 160D-951, may from time to time as necessary amend, supplement, change, modify or repeal certain of its zoning WHEREAS, the City of Concord, North Carolina, pursuant tot the authority conferred by North Carolina General Statute, Chapter 160A, Art. 19, Session Laws of 1993, Chapter 247, Housel Bill 575 and Section 3.2.4.B.2ofthe Concord Development Ordinance does hereby allow the Planning and Zoning Commission to be final approval authority for zoning changes ofland, providedt thata atl least three-fourths oft the members present vote WHEREAS, NCGS 160D-501 and 160D-605 require that comprehensive plan map amendments be considered in al legislative fashion consistent with the manner iny which text amendments are considered, andi this authority has not been delegated to the City NOW, THEREFORE BEI IT ORDAINED by the City Council oft the City of Concord, North SECTION 1. That the P&Z Commission held a duly advertised public hearing on July 19th, 2022. At the close of the public hearing, the P&Z Commission adopted the following Statement of Zoning Consistency" as required by NC Gen Stat 160D-605. USE MAP OF THE CITY OF CONCORD, NORTH CAROLINA 28, 1977; and regulations and restrictions and zone boundaries; and in the affirmative, and no appeal of the decision is taken; and of Concord Planning and Zoning Commission; and Carolina: 327 The subject property is approximately +/- .507 acres andi is currently zoned Town The subject property was annexed on June gth, 2022, and is currently vacant. The proposed zoning amendment isi not addressed byt the City of Concord's? 2030 Land Use Plan; however, the property is adjacentt to areas designated Suburban Neighborhood. In the Town of Huntersville 2040 Community Plan, the area is designated as Rural Conservation, which would recommend density no greater than .9units per acre. The proposed zoning amendment would not be consistent with the Town of Huntersville Rural Conservation area, but would be more consistent with the City ofConcord's Suburban Neighborhood designation as RV (Residential Village) and conditional district variations are considered corresponding: zoning classifications to the "Suburban Neighborhood" Land Use Category. The proposed: zoning is a comparable extension of RV-CU (Residential Village Conditional Use) zoning to the east. Access to the property is provided from Concord only and not through land designated Rural by the Town of Huntersville. Rezoning the subject property to RV-CD (Residential Village Conditional District) would permit an expansion of an infill single-family attached housing option not found within the general vicinity, implementing guidance detailed in Objective 1.6oft the 20301 Land Use Plan related to providinga variety The: zoning amendment is reasonable and in the public interest as itwould permit infill development of single-family attached dwellings with similar dimensional standards to the developing adjacent townhome development to the east and northeast. No access is proposed or possible from the Huntersville jurisdiction. The townhome housing type is not currently found within the general vicinity and thus the proposal would increase housing type options. Property to the south is zoned for moderate density single-family detached. While the residential uses are classified differently, the conditional nature oft the proposed zoning would limit the construction of buildings higher than two-stories ensuring visual compatibility between the single and two-story single-family homes tot the south. The proposal permits the development ofap piece of landt that would otherwise not! be accessible The P&Z Commission then voted to REÇOMMEND FOR APPROVAL the map amendment to ResidentialVilage Conditional District (RV-CD) and to incorporate the property into the 2030 Future Land Use Plan with the designation of "Suburban Neighborhood". Sincet the rezoning would result ina comprehensive plan amendment, it is forwarded to City Council for hearing with a recommendation from the Planning and SECTION2. That the City Council held a duly advertised public hearing on August 11, 2022. At the close of the public hearing, the City Council adopted the following "Statement of Zoning Consistency" as required by NC Gen. Stat 160A-382(b). of Huntersville ETJ R (Rural). of housing options. oro developable. Zoning Commission. The subject property is approximately +/-. 507 acres and is currently: zoned Town The subject property was annexed on June gth, 2022, and is currently vacant. The proposed zoning amendment is not addressed byt the City of Concord's 2030 Land Use Plan; however, the property is adjacent to areas designated Suburban Neighborhood. In the Town of Huntersville 2040 Community Plan, the area is designated as Rural Conservation, which would recommend density no greater than. .9 units per acre. The proposed zoning amendment would not be consistent of Huntersville ETJI R (Rural). 328 with the Town of Huntersville Rural Conservation area, but would be more consistent with the City of Concord's Suburban Neighborhood designation as RV (Residential Village) and conditional district variations are considered corresponding. zoning classifications tot the "Suburban Neighborhood" Land Use Category. The proposed zoning is a comparable extension of RV-CU (Residential Village Conditional Use) zoning to the east. Access to the property is provided from Concord only and not through land designated Rural by the Town of Huntersville. Rezoning the subject property to RV-CD (Residential Village Conditional District) would permit an expansion of an infill single-family attached housing option not found within the general vicinity, implementing guidance detailed in Objective 1.6 oft the 2030 Land Use Plan related to providingav variety Thez zoning amendment is reasonable and int the public interest as itwould permit infill development of single-family attached dwellings with similar dimensional standards to the developing adjacent townhome development to the east and northeast. No access is proposed or possible from the Huntersville jurisdiction. The townhome housing type is not currently found within the general vicinity and thus the proposal would increase housing type options. Property to the southi is zoned for moderate density single-family detached. While the residential uses are classified differently, the conditional nature oft the proposed: zoning would limit the construction of buildings higher than two-stories ensuring visual compatibility between the single and two-story single-family homes to the south. The proposal permits the development of a piece of land that would otherwise not be The City Council then voted to APPROVE the map amendment by the required super- majority, subject to the following conditions which have been offered by the petitioner 1. Compliance with Sheets RZ-1 and RZ-2 of the "Rezoning Case #Z/CD)-34-21A) 2. The subject plan is not designed to preliminary plat standards and therefore, any intended or perceived deviation from technical standards resulting from the somewhat conceptual nature oft the plan shall not constitute approval to deviate from, or negate, technical standards within the Concord Development Ordinance, Technical Standards Manual, or any other regulatory document. 3. Driveway separation shall be a minimum of 10ft and all required Transportation improvements shall be adhered to in accordance with the TSM. 4. No more than 3 units shall be developed as part of the current phase of the 5. The .507 acres indicated in Mecklenburg County is the only property included 6.7 Technical site plan review and approval is required including all approvals from SECTION3: That the Official Zoning Map is hereby amended by rezoning from Town of Huntersville ETJ R (Rural) to Residential Village - Conditional District (RV-CD) the areas described as follows and that the future land use designation of Suburban Commencing at (POINT OF BEGINNING)af found rebar, being further described as the South-Eastern corner of ai tract of land owned Now or Formerly by Skybrook LLC, as recorded in Deed Book 7075, page 32 of the Cabarrus County Register of Deeds, also ofh housing options. accessible or developable. and/or mutually agreed upon during the course of the hearing. The petitioner has consented to the following conditions: Skybrook Corners Expansion,' with revision date of 4/12/22. project. within this portion of the rezoning approval. outside local, state and federal agencies. Neighborhood is applied in the 2030 Land Use Plan: 329 being located S55-58-03W 30.31' distant of the centerline of Poplar Tent Road (SR #2424), thence from the Point of Beginning N55-58-03E 30.31' to a point at the centerline of Poplar Tent Road (SR #2424), thence with the centerline of Poplar Tent Road S24-44-33E 170.15'toap point, thence leaving the centerline of Poplar Tent Road $52-20-48W/274.60 (Passing through at found anglei iron ats station 0+31.75)toa af found rebar, the southeast corner of Ambercrest Court NW, the Larry E. Stinson and Myra A. Stinson property previously annexed into the City of Concord, Thence S52-20-48W 50.00' to ar re bar found; Thence with the southern line of the Larry E. Stinson and Myra A. Stinson property S52-20-48W 297.02' to a point on the Cabarrus County Thence with thes southern line oft the Larry E. Stinsonand! Myra A. Stinsonp property $52- 20-48W 101.69' to rebar found, the southwest corner of the Larry E. Stinson and Myra A. Stinson property; Thence with the western line of the Larry E. Stinson and Myra A. Stinson property N22-46-54W: 217.78' to al bolt found, the northwestern corner of the Thence with the northern line oft the Larry E. Stinson and Myra A. Stinson property N55- 58-03E 109.86' to a point on the Cabarrus County Mecklenburg County line; Thence with the Cabarrus County ANDI Mecklenburg County line S20-1427E21332t0: a point on the Cabarrus County Mecklenburg County on the southern line of the Larry E. Mecklenburg County line, the POINT OF BEGINNING; Larry E. Stinson and Myra A. Stinson property; Stinson and Myra A. Stinson property, the Point of Beginning. Being Tract 3 and containing 0.507 acres in Mecklenburg County SECTION4. That the establishment oft this district and subsequent issuance of Zoning SECTION5. Thatt the above-descriped, property shalll be perpetually bound tot the uses authorized int the Concord Development Ordinance, as such may be amended" fromt time to time and as provided for under Article 3 of the Concord Development Ordinance. SECTION6. That the effective date hereof is the 11th day of August, 2022. Clearance Permits are hereby authorized. Adopted this 11th day of August 2022. CITY COUNCIL CITY OF CONCORD NORTH CAROLINA /s/ William C. Dusch, Mayor ATTEST: Is/ Kim J. Deason, City Clerk Is/ Valerie Kolczynski, City Attorney AI motion was made by Mayor Pro-Tem Crawford and seconded by Council Member Sweatt to amend the 2030L Land Use Plant tor modify thet future land use designation from Commercial to Urban Neighborhood- the vote: Aye: Langford, King, Stocks, Crawford, 7. Conduct a public hearing for case TA-07-22 and consider adopting an ordinance amending the Concord Development Ordinance (CDO) Section This text amendment was generated by a citizen request. David Kossove submitted an application for at text amendment requesting that multi-family and mixed use buildings be added tot the list of permitted uses within a 1,000f ft. buffer oft the Convention Center. The Planning and Zoning Commission recommended draft language that includes mixed use buildings but did notf feel that multi-family buildings were consistent with the Parsley-ubbard, and Sweat; Nay: McKenzie. 8.3.4.G.5. 330 purpose of the supplemental standards: "The purpose and intent of this section is to ensure that future development within close proximity of the convention center will contain uses thata are compatible and complimentary, and promote pedestrian as well as tourist activities." "Multi-family: structures ini the General Commercial (C-2)zoning district arel limitedi in use and density to 30% oft the! parcel and would be subject to a special use permit. Within the area encompassed by the 1,000 buffer of the Convention Center, there are 6 undeveloped parcels, encompassing +I-15.0991 acres that would be subject tot thel limitation: att the 30%1 limit the maximum number of multi-family units would be 67 The owner oft the largest parcel (5.5972 acres), and associated with thet text amendment application, is seeking to develop a mixed use building and a standalone multi-family building at 5350 John Q Hammon Dr. NW. Both the mixed use and multi-family components of the project were selected for sewer allocation on July 19, 2022 by City Council. This text amendment would be a prerequisite for the project to proceed and Council would need to consider amending thet text amendment: toi include multi-family for An motion was made by Council Member Stocks and seconded by Council Member units, if they were noti included in a mixed use building. the standalone multi-family component to proceed. Parsley-Hubbard to open the public hearing-the vote: all aye. Craig Davis was in attendance in support of the request. There were no further speakers signed in to speak in opposition or in favor of the request. Therefore, a motion was made by Council Member Sweat and seconded by Council Member Parsley-Hubbard to close the public hearing-the vote: all aye. Ar motion as made by Council Member Sweat and seconded by Mayor Pro-Tem Crawford to adopt the following Statement of Consistency-the vote: all aye. The proposed text amendment is consistent with the 20301 Land Use Plani int that itf fosters an attractive and functional mix of living, working, shopping and recreational uses within Mixed-Use Activity Centers and Village Centers (Objective 1.5) and Providing a diverse mix and range of housing options throughout the Cityt that will accommodate the current and future needs of the The request is reasonable and int they public interest int thati iti increases the ability to develop residential uses in close proximity to a major commercial node, and supports the goal of the Convention Center overlay/buffer to ensure that future development within close proximity oft the convention center will contain usest that are compatible and complementary, and promote pedestrian as well as tourist A motion was made by Mayor Pro-Tem Crawford and seconded by Council Member Parsley-Hubbard to adopt the following ordinance amending CDO Section 8.3.4.G.5 citizens of Concord (Objective 1.6). activities. the vote: all aye. ORD.#22-102 ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF CONCORD, NORTH CAROLINA WHEREAS, the City of Concord, North Carolina pursuant to the authority conferred by the North Carolina General Statute $160A-364 enacted an Official Zoning Ordinance for the City of Concord, North Carolina and the Area of Extraterritorial Jurisdiction on. July WHEREAS, the City of Concord, North Carolina pursuant to the authority conferred by North Carolina General Statute SS160D-601 through 160D-605, 160D-701 through 160D-706, 160D-801 through 160D-808 and 160D-901 through 160D-951, may from 28, 1977; and 331 time to time as necessary: amend, supplement, change, modify or repeal certain of its WHEREAS, the City of Concord, North Carolina pursuant tot the authority conferred by North Carolina General Statute 160D-601 through 160D-605, 160D-7011 through 160D- 706, 160D-801 through 160D-808 and 160D-901 through 160D-951 does hereby recognize a need to amend the text of certain articles of the City of Concord NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Concord, SECTION 1: That the following section of Concord Development Ordinance (CDO) Article 8 "Use Regulations", Section 8.3.4.G. "Convention Center", 5. "Location" be Only the following permitted uses from Table 8.1.8s shalll be allowed to locate within one thousand (1000) feet from any convention center property unless the use is separated by an existing public right-of-way of 120 ft. or greater. This does not include property whose use(s) would become non-conforming ati the date of adoption. For purposes of this section, a property for which a site plan has been approved shall be considered to zoning regulations and restrictions and zone boundaries; and Development Ordinance. North Carolina: amended in relevant part: be a convention center property. Miniature Golf Course Mixed Use Building Motel Multifamily Dwelling SECTION 2: That this Ordinance be effective immediately upon adoption. Adopted in this August 11th, 2022. CITY COUNCIL CITY OF CONCORD NORTH CAROLINA /s/ William C. Dusch, Mayor ATTEST: Is/ Kim J. Deason, City Clerk Is/ Valerie Kolczynski, City Attorney 8. Conduct a public hearing for case TA-08-22 and consider adopting an ordinance amending the Concord Development Ordinance Article 14 definition of This text amendment is staff-initiated. Staff review of the definition Building, Mixed Use determined that the definition in the CDO is not a common typology for mixed use buildings, particularly where iti references thatt they are "similar in appearance to al large single-family detached house." * This text amendment recommends removing this descriptor and the specifice example of "bed and breakfastinn'"ar recommendation from the Planning and Zoning Commission as typically not a common use in a mixed use A motion was made by Council Member Sweat and seconded by Council Member There were no speakers signed in to speak in opposition or in favor of the request. Therefore, a motion was made by Council Member Sweat and seconded by Council Building, Mixed Use. building. Parsley-Hubbard to open the public hearing- -the vote: all aye. Member McKenzie to close the public hearing- the vote: all aye. 332 Amotion as made by Council Member King and seconded by Council Member Sweatto adopt the following Statement of Consistency- -the vote: all aye. The proposed text amendment is consistent with the 2030 Land Usel Plan in that itf fosters an attractive and functional mix of living, working, shopping and recreational uses within Mixed-Use Activity Centers and Village Centers (Objective 1.5) and Providing a diverse mix and range of housing options throughout the City that will accommodate the current and future needs of the The request is reasonable and in the public interest in that it increases the ease of developing mixed use buildings, and clarifies the definition to make it align more closely with how mixed use buildings are typically developed. A motion was made by Mayor Pro-Tem Crawford and seconded by Council Member King to adopt the following ordinance amending CDO Article 14, definition of Building, citizens of Concord (Objective 1.6). Mixed Use-the vote: all aye. ORD.#22-103 ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF CONCORD, NORTH CAROLINA WHEREAS, the City of Concord, North Carolina pursuant to the authority conferred by the North Carolina General Statute $160A-364 enacted an Official Zoning Ordinance for the City of Concord, North Carolina and the Area of Extraterritorial Jurisdiction on July WHEREAS, the City of Concord, North Carolina pursuant to the authority conferred by North Carolina General Statute SS160D-601 through 160D-605, 160D-701 through 160D-706, 160D-801 through 160D-808 and 160D-901 through 160D-951, may from time to time as necessary amend, supplement, change, modify or repeal certain of its WHEREAS, the City of Concord, North Carolina pursuant to the authority conferred by North Carolina General Statute 160D-601 through 160D-605, 160D-701 through 160D- 706, 160D-801 through 160D-808 and 160D-901 through 160D-951 does hereby recognize a need to amend the text of certain articles of the City of Concord NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Concord, SECTION 1: That the following section of Concord Development Ordinance (CDO) Article 14 Definitions', Section 14.1.2. "Word Usage" be amended in relevant part: BUILDING, MIXED USE - A vertically integrated mixed-use building, similar-in apearanceloalaigesinaysaschadhouselhatteplassdiniombuiewbe use. The building is able to accommodate a wide variety of uses, including apartments for sale or rent, bedand-breakiastnA, small professional offices, ground 28, 1977; and zoning regulations and restrictions and zone boundaries; and Development Ordinance. North Carolina: floor retail or restaurant. SECTION 2: That this Ordinance be effective immediately upon adoption. Adopted in this August 11th, 2022. CITY COUNCIL CITY OF CONCORD 333 NORTH CAROLINA Is/ William C. Dusch, Mayor ATTEST: Is/ Kim J. Deason, City Clerk Presentations of petitions and requests: /s/ Valerie Kolczynski, City Attorney 1. Consider adopting a resolution authorizing an eminent domain action for This property is currently owned by, JRNC Investments, LLC. Certain easements, both permanent and temporary, are required byt the Electric Department in order to construct a100Kytransmission line to Substation T. Thet total appraised tax value oft the property is listed at $1,356,080. The Engineering department calculated the value of the easements to be $18,607.71. The property owner's representative rejected the offer and refused to make a counteroffer. An appraisal of the easement value is underway, and the City Attorney will attempt to open negotiations based on that information once acquired; however, having an eminent domain resolution in place will help move the A motion was made by Council Member King and seconded by Mayor Pro-Tem Crawford to adopt the following resolution authorizing an eminent domain action for property located at 2711 Concord Parkway, South. matter forward in the event negotiations are unsuccessful. property located at 2711 Concord Parkway, South-the vote: all aye. RESOLUTION. AUTHORIZING NEGOTIATED PURCHASE OR EMINENT DOMAIN TO ACQUIRE PROPERTY WHEREAS, the City Council for the City of Concord, North Carolina, hereby determines thati iti is necessary and ini the publici interest to acquire a real property parcel identified and defined, as follows: Permanent Utility Easement: more particularly described as follows: Lying and being in the City of Concord, Cabarrus County, North Carolina and being BEGIN at an existing iron rod having N.C. Grid Coordinates of N:596671.89 E:1506672.78, thence run North 570 16' 24" East 308.33' to a point, thence run South 19°31'25" West 51.86' to a point, said point lying and being on the arc ofa curve, said curve having a chord bearing and distance of South 38° 15' 29" West 16.06' and a radius of 25.00', thence run along the arc of said curve 16.35' to a point, thence run South 56° 59' 34" West 280.77'1 to a point, thence run North 03° 59' 59" East 47.86' to an existing iron at the place and point of beginning. Containing 11,214 square feet or 0.257 acres as shown on the maps titled, "100KV Transmission Line to Sub T Easement Acquisition Plat," Sheets 1 and 2, by Stewart and is attached as Exhibit A Lying and being int the City of Concord, Cabarrus County, North Carolina and being more COMMENCING at an existing iron rod having N.C. Grid Coordinates of N:596671.89 E:1506672.78, thence run North 57° 16' 24" East 308.33' to a point, said point being the point and place of beginning, thence continue North 57° 16' 24" East 32.67', thence run South 19° 31'25" West 84.47' to aj point, said point lying and being on the arc ofa curve, said curve having a chord bearing and distance of South 38° 15' 30" West 16.06' and ar radius of 25.00', thence run along the arc of said curve 16.35' to a point, thence run South 56° 59' 34" West 302.62' to aj point, thence run North 03° 59' 59" East 25.05' to a point, thence run North 56° 59' 34" East 280.77' to a point, said point lying and and B. Temporary Construction Easement: particularly described as follows: 334 being on the arc of a curve, said curve having a chord bearing and distance of North 38° 15'2 29" East 16.06' and a radius of 25.00', thence run along the arc of said curve 16.35' to a point, thence run North 19° 31' 25" East 51.86' to a point at the place and point of beginning. Containing 7,537 square feet or 0.173 acres as shown on the maps titled, "00KVTransmission Line to Sub TE Easement Acquisition Plat," Sheets 1and2, BEING the same property conveyed to JRNC Investments, LLC by deed recorded in Deed Book 8456, at Page 142 oft the Cabarrus County Registry. The above-described Permanent Utility Easement and Temporary Construction Easement is a Part of PIN WHERAS, the real property parcel, currently owned by JRNC Investments, LLC, is being acquired fort the purpose oft the construction and permanent utility easementi fora 100 KV electrical infrastructure, along with all fixtures and appurtenances; and WHEREAS, representatives of the City of Concord are in negotiation with the above stated owners to acquire the above-described properties by negotiated conveyance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF The City of Concord will acquire by condemnation or negotiated conveyances for the purposes stated above the property and interest therein described above to the The City Attorney is authorized and directed to acquire by negotiated offer or, in the alternative, institute the necessary proceedings under Chapter 40A oft thel North Carolina by Stewart and is attached as Exhibit A and B. 5509-75-4953, Tax ID No. 02-036-0003.00, Cabarrus County. CONCORD, THAT: Resolution. General Statutes, to acquire the properties described above. Adopted this 11th day of August, 2022. CITY COUNCIL CITY OF CONCORD NORTH CAROLINA /s/ William C. Dusch, Mayor ATTEST: Is/ Kim Deason, City Clerk 2. Consider awarding bid for sixty-six (66) steel transmission poles, and 795 kcmil wire and hardware to CHM Industries, Inc and WESCO Distribution, Inc. Electric Systems staff received bids on July21, 20221 for sixty-six (66) steeli transmission poles, 795 kcmil wire and miscellaneous hardware required for interconnection of Delivery Point #4 (Bootsmead property), Substation W (Elil Lilly Property) and Substation T( (Concord Parkway S.)7 The poles and hardware are required to extend current 100KV transmission facilities from the Delivery 4 site Southward to Substation W and further Seven bids were received and evaluated for responsiveness. Electric staff determined that the lowest bidder for the 66 poles outlined in Schedule I, CHM Industries, was responsive and complianti in meeting the required specifications. Forwire and hardware outlined in Schedule II, thel lowest bidder, WESCO Distribution, Inc, was responsive and compliant. Funding willl be derived from existing Delivery48 &100KV, project account with a standing balance of $6,677,794. Bid totals are: Schedule I (Sixty-six (66) steel transmission poles) CHM Industries, Inc. $1,973,189.31 and Schedule II (795 kcmil wire and miscellaneous hardware) WESCO Distribution, Inc, $696,479.70. The two South to Substation Tj just past the west side bypass. schedules combined total $2,669,669.01. 335 Ar motion was made by Council Member McKenzie and seconded by Council Member Sweat to award al bidi for sixty-six (66) steel transmission poles, and 795 kcmil wire and hardware to CHM Industries, Inc and WESCO Distribution, Inc-the vote: all aye. Consider awarding the City of Concord's annual contractfort the Installation ofTraffic Signal Equipment and Associated Construction and Maintenance Work This contract consists of providing traffic signal and associated constructon'mantenance work in and adjacent to the City of Concord. This work provides for the installation, upgrade, or repair of signals on an as-needed basis and includes, but is not limited to: saw cutting roadway surfaces, placement of embedded loops and sealant, trenching, placement of conduit and junction boxes, installing poles, guys, span wire, cables, heads, visual detection equipment, and conduit. Quotes for this work were received on July 14, 2022 with Watson Electrical Construction Co, LLC submitting the lowest unit cost pricing. The contact is not to exceed $150,000 per the A motion was made by Mayor Pro-Tem Crawford and seconded by Council Member Sweat to award the City of Concord's annual contract for the Installation of Traffic Signal Equipment and Associated Construction and Maintenance Work to Watson Electrical Considerauthorizing the City Manager to negotiate and execute a contract with Barton Contracting for the Province Green Pump Station Elimination. The Province Green Pump Station Elimination consists of the installation of2,964 linear feet of 12-inch PVC sewer line, a stream crossing, and the elimination of the existing pump station. The project was bid under the formal bidding process and two bids were received on July 20, 2022. The bids were returned unopened to the bidders and the project was re-advertised as required by GS 143-132. Bids were received a second time on. July 28, 2022 and again twol bids were received. Staff was able to open the bids as allowed by GS 143-132. The lowest responsible bidder was Barton Contracting in the Amotion was made by Council Member King and seconded by Council Member Sweat to authorize the City Manager to negotiate and execute a contract with Barton Contracting in the amount of $1,597,074.33 for Province Green Pump Station 5. Considerauthorizing the City Manager to negotiate and approve a contract with Shield Engineering, Inc. for continued environmental. assessment activities at the Les Myers Park pre-regulatory landfill site and to approve the attached budget The site where Les Myers Park is located was constructed in 1967 above a municipal landfill. The landfill was in operation from the 1940's until the park was constructed in 1967 prior to the State of North Carolina enacting landfili regulations and is considered: a The City has been working with Shield Engineering, Inc. under a cost reimbursement program with the Pre-Regulatory Landfill Unit of the State to perform a remedial investigation of the site. The State has requested an additional assessment that includes the contaminant delineation and media sampling activities needed to continue the remedial investigation (RI) at the sitei in general accordance with the North Carolina Department of Environmental Quality Inactive Hazardous Sites Program's Guidelines for Addressing Pre-regulatory! Landfills and Dumps (NCDEQ Guidelines), as administered by the Pre-regulatory Landfill Unit (PRLU). The estimated cost of this assessment is $113,822.70. Al budget amendment is needed to allocate additional funds to cover the 3. to Watson Electrical Construction Co, LLC. FY23 approved budget. The contract term is through June 30, 2023. Construction Co, LLC-the vote: all aye. 4. amount of $1,597,074.33. Elimination-the vote: all aye. transfer. Pre-Regulatory Landfill (PRL). cost of the environmental assessment at the site. 336 A motion was made by Council Member Parsley-Hubbard and seconded by Council Member King to authorize the City Manager to negotiate and execute a contract with Shield Engineering, Inc. in the amount of $113,822.70 for continued environmental assessment: activities atl Les Myers Park and to adoptt the following budget amendment to allocate additional funding to cover the cost of the environmental assessment-the vote: all aye. ORD.#22-104 CAPITAL PROJECT ORDINANCE General Capital Projects BEITORDAINED! by the City Council oft the City ofConcord, North Carolina that pursuant to Section 13.2 Chapter 159 of the General Statutes of North Carolina, the following SECTION 1. The projects authorized are General Capital Projects for Les Myers Park. SECTION2. The City Manager is hereby authorized to proceed with the implementation and amendments of the projects within the terms of the plans and specifications for the SECTION 3. Thei followingr revenues are anticipated to! be availablet tot the City of Concord project ordinance is hereby ordained: projects. fort the project: Revenues Current Amended (Decrease) Account 430-4334200 430-4334200 SECTION 4. Title Budget 0 Budget 113,910 Increase 113,910 113,910 State Shared Revenue Total The following amounts are appropriated for the project: ExpenseslExpendtures Current Amended (Decrease) Account 8804-5811001 8804-5811001 Title Les Myers Park Budget 220,000 333,910 Budget Increase 113,910 113,910 Total SECTION5. Accounting records are tol be maintained by the Finance Department of the City of Concord in such manner as (1) to provide all information required by the grant agreement and other agreements executed or to be executed with the various parties involved with the! project; and (2)to comply with thel Local Government Budget and Fiscal SECTION6. Within five (5) days after adopted, copies oft this project amendment shalll be filed with the City Manager, Finance Director, and City Clerk for direction in carrying out SECTION 7. The Finance Director is directed to report on the financial status of this project in accordance with the existing City policy. She shall also report to the City Duly adopted byt the City Council oft the City of Concord, North Carolina this 11th day Control Act of the State of North Carolina. this project. Manager any unusual occurrences. of August, 2022. 337 CITY COUNCIL CITY OF CONCORD NORTH CAROLINA Is/ William C Dusch, Mayor ATTEST: Is/ Kim Deason, City Clerk Is/ VaLerie Kolczynski, City Attorney 6. Considera authorizing the City Manager to negotiate and execute a contract with C Design for architectural and engineering services for the new Fleet Council previously approved a contract with C Design for pre-design services on the Fleet Services Facility. The predesign work is complete and a conceptual site plan and building plan developed. The next phase of work includes schematic design, design development, construction documents, cost estimating, permitting & bidding, contract administration, building system commissioning, industrial equipment design and specification, fueling system and equipment design and specification, vehicle wash system and equipment design, security design and specification, audio/visual design and specification, furniture consultation and specification, and closeout. The fee A motion was made by Council Member Stocks and seconded by Mayor Pro-Tem Crawford to authorize the City Manager to negotiate and execute a contract with C Design for architectural and engineering services on the new Fleet Services Facility- Considerauthorizing the City Manager to negotiate and execute: ac contract with Edifice General Contractors for preconstruction services on the Fleet The Fleet Services Facility is an approved capitali improvement project slated for design this fiscal year. A request for qualifications was posted for CMR services. After interviews were held and references called, the selection committee chose Edifice General Contractors for the project. Edifice has worked on numerous projects with fleet maintenance components. Preconstruction services will include design review, estimating, value engineering review, product and system analysis and recommendations, constructability review, preparation of bid packages, trade contractor's prequalification, public bidding, and finalization of a GMP. The preconstruction services fee will not exceed $153,700. The final GMP will be brought A motion was made by Mayor Pro-Tem Crawford and seconded by Council Member Parsley-Hubbard to authorize the City Managert to negotiate and execute a contract with Edifice General Contractors for preconstruction: services ont thel Fleet Services Facility- Services Facility. including estimated reimbursable expenses is $1,763,300. the vote: all aye. 7. Services Facility. back to Council. the vote: all aye. 8. Comsteraopumgarsoluten to conveyatampoaiygadng easementto Lakeshore Corporate Park, LLC is developing Lakeshore Corporate Park on Moose Road in Kannapolis. The City owns the site adjacent to their parcel which is Lake Fisher. Lakeshore Corporate Park, LLC is requesting temporary grading easements in Staff has reviewed and, ifapproved, thet following conditions should apply: conditions of approval must be placed on approved plans, no easement granted ini the non-disturbed buffer, stormwater discharge should be redirected, a 3:1 slope should be achieved where significant trees are not impacted, the areas graded and/or disturbed shall bet fully Lakeshore Corporate Park, LLC. order to construct fill slopes on City property. 338 vegetated with trees being replaced at a one-to-one ratio and the plan being submitted to the City for approval and an agreement is required to establish liability and maintenance responsibilities of the storm pipe and slopes that are on City property. Ar motion was made by Council Member King and seconded by Council Member Sweat to adopt the following resolution to convey a temporary grading easement to Lakeshore Corporate Park, LLC including the outlined conditions--the vote: all aye. RESOLUTION GRANTING AN EASEMENT WHEREAS, the City of Concord is owner of a parcel of land having a parcel WHEREAS, Lakeshore Corporate Park, LLC is requesting temporary grading WHEREAS, staff has reviewed the proposed plan and offers conditions upon granting requested easement: 1) conditions of approval must be placed on approved plans. 2) Concord will not approve disturbance in the non-disturbed buffer, only in the 20' vegetated buffer. 3) Stormwater discharge shall be redirected as offered. 4) In areas where a 3:1 slope can be achieved without impacting significant trees, the grading area shall be revised. 5) the areas graded and/or disturbed in the easement shall be fully vegetated after impact. Trees shall be replaced at a one-to-one ratio. A plan denoting the existing vegetation and the species of replacements and ground cover shall be submitted to the City of Concord for approval. 6) an agreement will be required to establish liability and maintenance responsibilities of the storm pipe and slopes located NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Concord, 1. That easements as generally shown on Exhibit "A" is hereby ordered granted 2. The easement shall be conveyed by the City Attorney and other necessary 3. The City Attorney and other City staff are hereby directed to take all necessary identification number of 145005 in the Rowan County Registry; and easements on said lot to serve Lakeshore Corporate Park; and on City of Concord property; North Carolina: contingent upon the conditions listed above. staff or the mayor. steps to enforce this resolution. Adopted this 11th day of August 2022. CITY COUNCIL CITY OF CONCORD NORTH CAROLINA /s/ William C Dusch, Mayor ATTEST: Is/ Kim Deason, City Clerk 9. Consider accepting a Preliminary Application from Richard Ratcliff. Ina accordance with City Code Chapter 62, Richard Ratcliff has submitted a preliminary application to receive water service outside the City limits. The property is located at 3999 Stough Road. This parcel is zoned county OI and developed with several buildings. The applicant indicates that the water service is for a wash down pad. A motion was made by Council Member King and seconded by Council Member Sewer is not available to the parcel. McKenzie to deny the preliminary application-the vote: all aye. 339 10. Consider accepting al Preliminary Application from Charlotte Water. Charlotte Water withdrew their application. The consent agenda items were presented fort the Council's consideration. Amotion was made by! Mayor Pro-Tem Crawford, seconded by Council Member Sweat, and duly carried, to approve the following consent agenda items-the vote: all aye. A donation of $2,500 from the Mayor's Golf Tournament fund to Multi-Cultural Community Student Union was approved and the following budget ordinance was CONSENT AGENDA ITEMA A adopted appropriating the donation amount. ORD.#22-105 AN ORDINANCE TO AMEND FY: 2022-2023 BUDGET ORDINANCE WHEREAS, the City Council oft the City of Concord, North Carolina did ont the gth day of June, 2022, adopt a City budget fori thet fiscal year beginning July 1,2022 ande ending on WHEREAS, it is appropriate to amend the expenselexpendntures and the revenue NOW, THEREFORE, BEI IT ORDAINED byt the City Council of the City of Concord that in accordance with the authority contained in G.S. 159-15, the following accounts are June 30, 2023, as amended; and accounts in the funds listed for the reason stated; hereby amended as follows: Revenues Current Budget Account Title Amended Budget 5,468,123 (Decrease) Increase 2,500 2,500 100-4370000 Fund Balance Approp 5,465,623 Total ExpenseslExpendtures Current Budget 0 Amended Budget 2,500 (Decrease) Increase 2,500 2,500 Account Title 4190-5470043 Golf Tournaments Total Reason: Toappropriate Mayor Golf Tournament reserves for a donation to the Multi- Cultural Community Student Union to assist with providing academic, emotional, and social support to children in the Logan Community and Cabarrus County. Adopted this 11th day of August, 2022. CITY COUNCIL CITY OF CONCORD NORTH CAROLINA /s/ William C. Dusch, Mayor 340 ATTEST: Is/ Kim Deason, City Clerk /s/ VaLerie Kolczynski, City Attorney CONSENT AGENDA ITEMB CONSENT AGENDA ITEM C held October 1, 2022. It was approved to co-sponsor the Concord International Festival on October 1, 2022. The following ordinance was adopted to temporarily close Cabarrus Ave (SR 1002) between Market St., SW and Church St., S for the Concord International Festival to be ORD.#22-106 AN ORDINANCE TO TEMPORARILY CLOSE CERTAIN STATE-MAINTAINED ROADS FOR A SPECIAL EVENT ORGANIZED BY THE CITY OF CONCORD, WHEREAS, North Carolina General Statute 20-169 authorizes local authorities to regulate by ordinance the use of a highway within their jurisdiction by processions, assemblages or anything that may be construed as a procession or assemblage, WHEREAS, the City of Concord will consult with the local NCDOT Division office to verify that a proposed event will not 1) interfere with other planned special events 2) impact or be impacted by planned maintenance or other activities., and WHEREAS, the City of Concord will co-sponsor with El Puente Hispano and hold The Concord International Festival on October 1, 2022; and WHEREAS, this event will require the temporary closing of Cabarrus Ave (SR 1002) NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Concord, North Carolina, that Cabarrus Ave (SR 1002) between Market St., SW and Church St., S be closed to vehicular traffic on October 1, 2022 between the hours of 8:00 A.M. and City will place signage as appropriate advising the Public of the closing. Acopy of this Ordinance shall be forwardedto the local NCDOT division Office. NC and and between Market St., SW and Church St., S. 8:00 P.M. Adopted this 11th day of August, 2022. CITY COUNCIL CITY OF CONCORD NORTH CAROLINA Is/ William C. Dusch, Mayor ATTEST: Is/ Kim Deason, City Clerk Is/ VaLerie Kolczynski, City Attorney CONSENT AGENDAI ITEMD 341 A sole source exemption for the purchase of the towing equipment from Lektro was approved and the following budget amendment to cover the additional cost of the equipment was adopted. ORD.#22-107 AN ORDINANCE TO AMEND FY: 2022-2023 BUDGET ORDINANCE WHEREAS, the City Council oft the City of Concord, North Carolina did ont the gth day of June, 2022, adopt a City budget fori thet fiscaly year beginning July 1,2022 and ending on WHEREAS, it is appropriate to amend the expenselexpendmtures and the revenue NOW, THEREFORE, BE IT ORDAINED by the City Council oft the City of Concord that in accordance with the authority contained in G.S. 159-15, the following accounts are June 30, 2023, as amended; and accounts int the funds listed for the reason stated; hereby amended as follows: Revenues Current Budget Account Title Amended Budget 1,191,248 (Decrease) Increase 32,975 32,975 680-4501400 Transfer from Cap Proj 1,158,273 Total ExpenseslExpendtures Current Budget 330,360 Amended Budget 363,335 (Decrease) Increase 32,975 32,975 Account Title 4530-5550000 Equipment- - Capital Total Reason: To cover overage on purchase of new tug. Adopted this 11th day of August, 2022. CITY COUNCIL CITY OF CONCORD NORTH CAROLINA /s/ William C. Dusch, Mayor ATTEST: Is/ Kim Deason, City Clerk Is/ VaLerie Kolczynski, City Attorney CONSENT AGENDA ITEME The City Manager was authorized to negotiate and execute a contract with Ward and Smith, P.A. for state government relations services. CONSENT AGENDA ITEMF 342 The City Manager was authorized to negotiate and sign a contract for the purchase of the Pierce apparatus using the Houston Galveston Area purchasing cooperative. The submission to the Mariam & Robert Hayes Charitable Trust for a grant request of $23,600 to purchase a pugmill/mixer, pallet jack, Kai Vac floor cleaner, slab roller, and 30 movable metal shelving units to complete the interior work space within ClearWater CONSENT AGENDA ITEMG Arts Center & Studios' Ceramics Center was approved. CONSENT AGENDA ITEM H Itwas approved to reallocate $30,000 in HOME Investment Partnership (HOME) funds previously allocated to Habitat Cabarrus for the construction of one (1)r new home at 330 Broad Drive SW to 251 Shannon Drive SW. CONSENT AGENDA ITEMI The maintenance agreements were approved and the offers of dedication were accepted on the following properties: Mini Storage Depot on Union St. CONSENT AGENDA ITEMJ The offer of dedication was accepted on thet following plat ande easements: Upper Room Outreach International, Sherwood Hills, and Addison Eighty 50 easement. CONSENT AGENDA ITEM K Thei following ordinance was adopted ordering the demolition of the structure located at 25 Liske Ave NW (PIN# 5620-05-9946) owned by Earle R. Ganas & Estate of Earle R. Ganas. ORD.#22-108 ORDINANCE DIRECTING THE HOUSING CODE ENFORCEMENT OFFICER TO VACATE, CLOSE, DEMOLISH AND REMOVE THE PROPERTY HEREIN DESCRIBED AS UNFIT FOR HUMAN HABITATION AND DIRECTING THAT A NOTICE BE PLACED THEREON THAT THE SAME MAY NOT BE OCCUPIED UNTIL REPAIRED WHEREAS, the City Council of the City of Concord finds that the property described herein is unfit for human habitation under the City Housing Code, and that all of the provisions of the Housing Code have not been complied with as a condition of the WHEREAS, said dwelling should be vacated, closed, demolished and removed to meet the requirements of the Housing Code as directed by the Housing Code Enforcement Officer, and should be placarded by placing thereon a notice prohibiting use for human WHEREAS, the owner of said dwelling has been given a reasonable opportunity tol bring the dwelling up toi the standards of the Housing Codei in accordance with G.S. 160A-443 (5) pursuant to an order issued by the Housing Code Enforcement Officer on February NOW, THEREFORE, BEI IT ORDAINED by the City Council of the City of Concord, that: Section 1. The Housing Code Enforcement Officer is herebyauthorized and directed to place a sign containing the legend, "THIS BUILDING IS UNFIT FOR HUMAN HABITATION; THE USE OR OCCUPANCY OF THIS BUILDING FOR HUMAN HABITATION IS PROHIBITED, ANDUNLAWFUL on the buildings owned by Earle R. adoption of this ordinance; and habitation; and 4, 2020 Land the owner having failed to comply with the order; 343 Ganas and Estate of Earle R. Ganas and located at the following address: 25 Liske Section 2: The Housing Code Enforcement Officeri is hereby authorized and directed to proceed to vacate, close, demolish and remove the above-described dwelling in accordance with his order to the owner thereof dated the 13 day of February, and with Section 3: Itshalll be unlawfulf for any person to remove or cause to be removed said placard from any building to which iti is affixed. It shall likewise be unlawful for any person to occupy ort to permit the occupancy of any building herein declared to be unfit Section 4: Thei total cost of demolition of the above-described dwelling, ina accordance Section 5: This ordinance shall become effective the 11th day of August, 2022. Ave NW, Concord, NC 28027. the Housing Code and G.S. 160A-443. for human habitation. with this order, shall constitute al lien against subject property. CITY COUNCIL CITY OF CONCORD NORTH CAROLINA /s/ William C. Dusch, Mayor ATTEST: Is/ Kim Deason, City Clerk Is/ VaLerie Kolczynski, City Attorney CONSENT AGENDA ITEML 38 Carolina Ave NE, Concord NC. Thei following ordinance was adopted ordering the demolition oft the structure located at ORD.#22-109 ORDINANCE DIRECTING THE HOUSING CODE ENFORCEMENT OFFICER TO VACATE, CLOSE, DEMOLISH. AND REMOVE THE PROPERTY HEREIN DESCRIBED AS UNFIT FOR HUMAN HABITATION AND DIRECTING THAT AI NOTICE BE PLACED THEREON THAT THE SAME MAY NOT BE OCCUPIED UNTIL REPAIRED WHEREAS, the City Council of the City of Concord finds that the property described herein is unfit for human habitation under the City Housing Code, and that all of the provisions of the Housing Code have not been complied with as a condition of the WHEREAS, said dwelling should be vacated, closed, demolished and removed to meet the requirements of the Housing Code as directed by the Housing Code Enforcement Officer, and should be placarded by placing thereon a notice prohibiting use for human WHEREAS, the owner of said dwelling has! been given ar reasonable opportunity tol bring the dwelling up tot the standards oft the Housing Codei ina accordance with G.S. 160A-443 (5) pursuant to an order issued by the Housing Code Enforcement Officer on April 5, NOW, THEREFORE, BEI IT ORDAINED by the City Council of the City of Concord, that: adoption of this ordinance; and habitation; and 2022 and the owner having failed to comply with the order; 344 Section 1. The Housing Code Enforcement Officeri is herebyauthorized and directed to place a sign containing the legend, "THIS BUILDING IS UNFIT FOR HUMAN HABITATION; THE USE OR OCCUPANCY OF THIS BUILDING FOR HUMAN HABITATIONI IS PROHIBITED, AND UNLAWFUL"ont thel buildings owned by Adam R. Allman and Terry S. Allman and located ati thet following address: 38 Carolina Ave NE, Section 2: The Housing Code Enforcement Officer is hereby authorized and directed to proceed to vacate, close, demolish and remove the above-described dwelling in accordance with his order to the owner thereof dated the 27th day of April, 2022 and with Section 3: Itshall be unlawful for any person to remove or cause to be removed said placard from any building to which it is affixed. It shall likewise be unlawful for any person to occupy or to permit the occupancy of any building herein declared to be unfit Section 4: Thei total cost of demolition of the above-described dwelling, in accordance Section 5: This ordinance shall become effective on the 11th of August, 2022. Concord NC 28025 the Housing Code and G.S. 160A-443. for human habitation. with this order, shall constitute a lien against subject property. CITY COUNCIL CITY OF CONCORD NORTH CAROLINA /s/ William C. Dusch, Mayor ATTEST: Is/ Kim Deason, City Clerk /s/ Valerie Kolczynski, City Attorney CONSENT AGENDA ITEM M The following ordinance was adopted to amend the FY2022/20231 Budget Ordinance for the General Fund to appropriate unspent FY 2022 funds for facade grants. ORD.#22-110 AN ORDINANCE TO AMEND FY 2022-2023 BUDGET ORDINANCE WHEREAS, the City Council of the City of Concord, North Carolina did on the 9th day of June, 2022, adopta a City budget fort thet fiscal year beginning July 1,2 2022 and ending on WHEREAS, it is appropriate to amend the expenselexpenditures and the revenue NOW, THEREFORE, BEI IT ORDAINED by the City Council of the City of Concord that ina accordance with the authority contained in G.S. 159-15, the following accounts are June 30, 2023, as amended; and accounts in the funds listed for the reason stated; hereby amended as follows: Revenues Current Budget 0 Account Title Appropriated Amended Budget 26,228 (Decrease) Increase 26,228 26,228 100-4370000 Fund Balance Total 345 ExpensesExpendrures Current Budget 95,336 Amended Budget 121,564 (Decrease) Increase 26,228 26,228 Account Title Other 4920-5399000 Services Total Reason: To appropriate fund balance for unspent FY22 funds allocated for facade grants. Adopted this 11th day of August, 2022. CITY COUNCIL CITY OF CONCORD NORTH CAROLINA Is/ William C. Dusch, Mayor ATTEST: /s/ Kim Deason, City Clerk /s/ VaLerie Kolczynski, City Attorney CONSENT AGENDA ITEMI N for Substation W. The following Electric Capital Project fund ordinance was adopted to establish al budget ORD.#22-111 CAPITAL PROJECT ORDINANCE Electric Project-Sub W ProjectLilly BE IT ORDAINED by the City Council of the City of Concord, North Carolina that pursuant to Section 13.2 Chapter 159 of the General Statutes of North Carolina, the SECTION 1. The project authorized and amended is Sub W Project Lilly. SECTION:2. The City Manager is hereby authorized to proceed with thei implementation and amendments oft the projects within thet terms of the plans and specifications for the SECTION 3. Thei following revenueslexpendtures are anticipated tol be available to the following project ordinance is hereby ordained: projects. City of Concord for the project: Current Budget 0 0 Amended (Decrease) Account 473-4343352 6949-5801183 6949-5801152 Title Budget 6,240,250 6,995,500 Increase 6,240,250 6,995,500 (755,250) 473-4343352 Developer Contributions 6949-5801183 Sub W Project Lilly 6949-5801152 Delvry #4 & 100KV Ph1 15,675,166 14,919,916 346 SECTION 4. Accounting records aret tol be maintained byt the Finance Department oft the City of Concord in such manner as (1) to provide all information required by the grant agreement and other agreements executed or to be executed with the various parties involved with the project; and (2) to comply with the Local Government Budget and SECTION 5. Within five (5) days after adopted, copies oft this grant project amendment shall be filed with the City Manager, Finance Director, and City Clerk for direction in SECTION 6. The Finance Director is directed to report on the financial status of this project in accordance with the existing City policy. She shall also report to the City Duly adopted by the City Council of the City of Concord, North Carolina this 11th day of Fiscal Control Act of the State of North Carolina. carrying out this project. Manager any unusual occurrences. August, 2022. CITY COUNCIL CITY OF CONCORD NORTH CAROLINA /s/ William C. Dusch, Mayor ATTEST: Is/ Kim Deason, City Clerk Is/ VaLerie Kolczynski, City Attorney CONSENT AGENDA ITEMO The following project ordinance amendment was adopted fori the CDBG 2021 grant to reflect actual program income receipts and moving unused admin funds to Clearwater project. ORD.#22-112 GRANT PROJECT ORDINANCE AMENDMENT BE IT ORDAINED by the City Council of the City of Concord, North Carolina that pursuant to Section 13.2 Chapter 159 of the General Statutes of North Carolina, the SECTION 1. The project authorized and amended are the projects included in the SECTION2. The City Manageri isl hereby authorized to proceed with the implementation and amendments oft the projects within the terms of the plans and specifications for the SECTION 3. The following revenues are anticipated to be available to the City of following grant project ordinance is hereby amended: CDBG 2021 Grant projects. Concord for the completion of the projects: Revenues Current Budget $106,658 Amended Budget $109,212 (Decrease) Increase $2,554 $2,554 Account 310-4355000 310-4355000 Title Program Income Total The following amounts are SECTION4. appropriated for the project 347 Expenseslxpenditures Current Budget $2,000 $14,749 $2,163 $6,929 $3,500 $1,000 $1,000 $10,744 $77,499 $5,928 $8,796 $2,712 $0 $403,825 Amended Budget $4,554 $10,400 $0 $2,127 $1,073 $902 $914 $10,420 $83,210 $6,299 $9,511 $2,925 $360 $412,704 (Decrease) Increase $2,554 ($6,349) ($2,163) ($4,802) ($2,427) ($98) ($86) ($324) $5,711 $371 $715 $213 $360 $8,879 $2,554 Account 3116-5480012 3116-5480012 Match/PI Exp 3115-5194000 3115-5194000 Contract Services 3115-5294000 3115-5294000 Miscellaneous Pay 3115-5299000 3115-5299000 Supplies-Departmental 3115-5312000 3115-5312000 Travel & Training 3115-5370000 3115-5370000 Advertising 3115-5491000 3115-5491000 Dues & Subscriptions 3115-5183000 3115-5183000 Group Insurance 3115-5121000 3115-5121000 Regular 3115-5181000 3115-5181000 FICA 3115-5182000 3115-5182000 Retirement-General 3115-5187000 3115-5187000 401K Contribution 3115-5321000 3115-5321000 Telephone 3116-5483200 3116-5483200 Clearwater. Artist Studios Title Total SECTION 5. Accounting records aret tol be maintained by thel Financel Department of the City of Concord ins such manner as (1) to provide alli information required by the project agreement and other agreements executed or to be executed with the various parties involved with the project; and (2) to comply with the Local Government Budget and SECTION 6. Withini five (5) days after adoption, copies oft this grant projects ordinance shall be filed with the City Manager, Finance Director, and City Clerk for direction in SECTION 7. The Finance Director is directed to report on the financial status of this project in accordance with the existing City policy. She shall also report to the City Duly adopted byt the City Council of the City of Concord, North Carolina this 11th day of Fiscal Control Act of the State of North Carolina. carrying out this project. Manager any unusual occurrences. August, 2022. CITY COUNCIL CITY OF CONCORD NORTH CAROLINA Is/ William C. Dusch, Mayor ATTEST: /s/ Kim Deason, City Clerk 348 Is/ VaLerie Kolczynski, City Attorney CONSENT AGENDA ITEM P The following project ordinance amendment to the Affordable Housing revolving fund was adopted to reflect actual rental income. ORD.#22-113 CAPITAL PROJECT ORDINANCE AMENDMENT Revolving Fund Projects BE IT ORDAINED by the City Council of the City of Concord, North Carolina that pursuant to Section 13.2 Chapter 159 of the General Statutes of North Carolina, the following project ordinance is hereby adopted/amended: SECTION 1. SECTION:2. SECTION3. The project authorized is Affordable Housing. The City Manager is hereby authorized to proceed with the The following revenues are anticipated to be available tot the Cityo of implementation and amendments of the projects within the terms of the plans and specifications for the projects. Concord for the completion of the projects: Revenues Current Amended (Decrease) Budget Budget Increase Account 370- 4350400 370- 4350400 SECTION4. Title Rental Income $16,665 $20,675 $4,010 $4,010 The following amounts are appropriated for the project: ExpenseslExpendtures Current Amended (Decrease) Budget Budget Increase $465,724 $469,734 Account 3700-5811082 Title 3700-5811082 Future Projects $4,010 $4,010 Total SECTION5. Accounting records are to be maintained by the Finance Department of the City of Concord in such manner as (1) to provide all information required byt the project agreement and other agreements executed or tol be executed with the various parties involved with the project; and (2) to comply with the Local Government Budget and Fiscal Control Act of the State of North Carolina. SECTION6. Within five (5) days after adoption, copies of this capital projects ordinance shall be filed with the City Manager, Finance Director, and City Clerk for SECTION7. The Finance Director is directed to report on the financial status of this project in accordance with the existing City policy, and shall also report to the City Duly adopted byt the City Council of the City of Concord, North Carolina this 11th day direction in carrying out this project. Manager any unusual occurrences. 349 August, 2022. CITY COUNCIL CITY OF CONCORD NORTH CAROLINA /s/ William C. Dusch, Mayor ATTEST: Is/ Kim Deason, City Clerk Is/ VaLerie Kolczynski, City Attorney CONSENT AGENDA ITEMQ program income receipts was adopted. The following project ordinance amendment to the HOME 2021 grant to reflect actual ORD.#22-114 GRANT PROJECT ORDINANCE AMENDMENT BE IT ORDAINED by the City Council of the City of Concord, North Carolina that pursuant to Section 13.2 Chapter 159 of the General Statutes of North Carolina, the SECTION 1. The project authorized and amended are the projects included in the SECTION2. The City Manager is hereby authorized to proceed with thei implementation and amendments of the projects within the terms of the plans and specifications for the SECTION 3. The following revenues are anticipated to be available to the City of following grant project ordinance is hereby amended: HOME 2021 Grant. projects. Concord for the completion of the projects: Revenues Budget Current Amended (Decrease) Account 320-4355000 Title Budget Increase ($12,707) ($12,707) 320-4355000 Home Program Income $1,057,861 $1,045,154 Total SECTION4. The following amounts are appropriated for the project ExpensesyExpendtures Current Budget Amended (Decrease) Budget Account 3214-5480012 Title Increase ($12,707) ($12,707) 3214-5480012 Match/PI Exp $131,006 $118,299 Total SECTION 5. Accounting records are tol be maintained byt the Finance Department oft the City of Concord in such manner as (1)to provide all information required by the project agreement and other agreements executed or to be executed with the various parties involved with the project; and (2) to comply with the Local Government Budget and Fiscal Control Act of the State of North Carolina. 350 SECTION 6. Within five (5) days after adoption, copies of this grant projects ordinance shall be filed with the City Manager, Finance Director, and City Clerk for direction in SECTION 7. The Finance Director is directed to report on the financial status of this project in accordance with the existing City policy. She shall also report to the City Duly adopted by the City Council of the City of Concord, North Carolina this 11th day of carrying out this project. Manager any unusual occurrences. August, 2022. CITY COUNCIL CITY OF CONCORD NORTH CAROLINA Is/ William C. Dusch, Mayor ATTEST: /s/ Kim Deason, City Clerk Is/ VaLerie Kolczynski, City Attorney CONSENT AGENDA ITEMR The addition oft the Signal Technician II (Grade 209) with a salary range of $47,224.76 (minimum) $62,572.80 (midpoint) $77,920.85 (maximum) was approved. CONSENT AGENDA ITEM S CONSENT AGENDA ITEMT CONSENT AGENDA ITEM U CONSENT AGENDA ITEMV The second quarter water and wastewater extension report for 2022 was received. The Tax Office collection reports for the month of June 2022 were accepted. The Tax releases/refunds for the month of June 2022 were approved. The monthly report on status of investments as of June 30, 2022 was accepted. There being no further business to be discussed, ar motion was made by Council Member Parsley-Hubbard, seconded by Council Member Stocks, and duly carried, to adjourn--the vote: all aye. KbLLIA William C. Dusch, Mayor KimJ. ds ADMe Deason/CityClerk