VILLAGE OF MARVIN  10004 New Town Road Marvin, NCI 28173Tel: (704)843-1680 Fax:( (704)843-1660 www.marvinnc.org  VILLAGE COUNCIL MEETING MINUTES June 8, 2021 - 6:30pm Village Hall, 10004 New Town Road Regular Meeting (Virtual Meeting)  A.AGENDA ITEM 1. Call to Order  Mayor Pollino called the meeting to order at 6:30pm and determined a quorum was present. Present: Mayor Pollino, Councilman Marcolese, Councilman Wortman Present Virtually on Webex: Mayor Pro Tem Vandenberg, Councilman Lein  Absent: None  Staff Present: Christina. Amos, Austin W. Yow, Rohit Ammanamanchi, Chaplin Spencer, Derek Durst (By Phone)  2. Consider Allowing Councilmembers to Participate Remotely VOTE: The motion passed unanimously, 4-0.  MOTION: Councilman Marcolese moved to allow councilmembers toj participate remotely.  3. Adoption of the Agenda  Councilman Marcolese requested to make thei following changes:  Add Consent Agenda Item #4: "Consider Approval of FY 20-21 Budget Amendment Ratifying Retention Bonuses for Add Closed Session between' Villagel Halla andUnfinished: Business: "Recessi into Closed Session pursuant tol NCGS $143- 318.11(a)(3) to Consult with an Attorney Employed or Retained by the Public Body in Order to Protect the Attorney- Add New Business New Item #3: "Consider Resolution to Displace Private Solid Waste Collection Services and Move  Employees and Increase Legal Expenses Anticipated by Year End."  Client Privilege."  Forward with Municipal Provided Services." VOTE: Thei motion passed unanimously,4-0. 4. Pledge of Allegiance Mayor Pollino led thej pledge of allegiance. 5. Public Comment Period No comments were given. B. PRESENTATIONS TIME STAMP 4:30  MOTION: Councilman Wortman moved to approve the agenda as amended.  1. Recognition of Service of Christine Robertson than ten years of service toi the Village. C.REPORTS AND UPDATES 1. Manager's Report Noi report was given. TIME: STAMP 11:20 2. Planner's Report  Mayor Pollino presented aj plaque toi former Finance Officer Christine Robertson in appreciation and ini recognition ofl her more  a. Innisbrook Trail Easement update at the next meeting.  Rohit Ammanamanchi, Planning & Zoning Administrator, explained that Village Attorney Chaplin Spencer has drafted the necessary documents. He added that he is waiting tol hear back from the property owners and hopes to provide an  Page119    b. Recap of MHD SP Committee Meeting  Mr. Ammanamanchi explained that the final recommendations from the Committee and) Planning Board for the: zoning district are: forthcoming. He added that he willl be asking Council to call for a public hearing on the: zoning district and Mr. Ammanamanchi explained that thel PR&G Board heard the concerns oft the residents at their previous meeting, at which time thel Board asked] him toi investigate realigning the trail onto thej property oft the adjacent subdivision. Mr. Ammanamanchi informed Council that the Technical Coordinating Committee (TCC) of the Charlotte Regional Transportation and) Planning Organization (CRTPO)! has approved thes spring shortfall funding oft thel Marvin Road/New Town Roadi roundabout. The: full CRTPO Board, on which) Mayor Pollino is the Vilagesrepresentative, will consider Mr. Ammanamanchi stated that Phase 2 of the report, which included the study of the Bonds Grove Church Road/Waxhaw-Marvin Roadi intersection has been completed. Het then noted that Phase 31 has been canceled. This study would have included thel Marvin Road/Joe Kerr Roadi intersection. Her noted, however, thate efforts are being considered  thei rezoning oft thej parcels at the June 24 work session tol be held at the. July 13 regular meeting.  Belle Grove Greenway Update d. CRTPO Roundabout Funding  approving thej proposal at their next meeting. Criticall Intersections Report  tos study thel Marvin Road/Joe Kerr Road intersection separately.  TIME: STAMP: 25:40 3. Roads Report  Christina. Amos, Village Manager, informed the Council that a subdivision has requested some "Children atl Play" signs, which the subdivision would pay for. She then stated that the Council would receive an update on liability issues incurred by allowing  gates and private roads at a future meeting. TIME: STAMP27:15 4. Deputy's Report TIME STAMP 29:30 5. Planning Board Chair Report adoption ofNCGS $160D. 6. PR&G Chair Report No report was given. member) TIME: STAMP31:15  Deputy Gallis updated Council about calls andj patrols conducted in thej past month.  Mr. Ammanamanchi informed the Council that they will review and consider various zoning amendments largely due to the  D. CONSENT AGENDA (Consent Agenda llems may be considered: inc one motion and without discussion excepl for those items removed bya Council  MOTION: Councilman Marcolese moved to approve the consent agenda as presented.  VOTE: The motion passed unanimously, 4-0.  1. Consider Adoption of Council Minutes from the 4/13/21 (Budget Work Session), 4/13/21 (Regular), 4/20/21 (Special), 4/28/21 (Village Halll Design Finishes Subcommittee), 5/6/21 (Special), 5/11/21 (Special), 5/11/21 (Budget Work Session), 5/11/21 (Regular), 5/12/21 (Spring Town Hall), 5/17/21 (Village Hall Design Finishes Subcommittee). Meetings 2. Consider Acceptance of Certificate of Sufficiency AND Consider. Adoption of Resolution Fixing Date of Public Hearing  on Question of Annexation Pursuant tol N.C.G.S. 160A-31  RS-2021-06-XX  RESOLUTION FIXING DATEOF) PUBLIC) HEARINGON QUESTION OF ANNEXATION PURSUANTTON.CGS 160A-31  WHEREAS, petitions requesting annexation of the area described herein have been received; and  Page219    WHEREAS, the Village Council of Marvin directed the Village Clerk toi investigate thes sufficiency oft the petitions; and NOW,THEREFORE, BEI ITI RESOLVED by the Village Council oft the Village of! Marvin, North Carolina that:  WHEREAS, the Clerk has certified as to the sufficiency of the petitions have been made;  Section 1. July 13,2021. Section 2.  Aj public hearing on the question of annexation willl held at the Village Hall at 6:30 pm on Tuesday,  The area proposed for annexation is described as follows:  Parcel ID: #06-210-007A, Christian P. Cunningham and Pollyanna Cunningham, 8802 Bonds Grove Church Road, as recorded  inE Book 6133, Page 40 oft the Union County Public Registry and further described as follows:  BEGINNING at aj point in the center oft the right of way of SR 1307 (known as Bonds Grove Church Road), said point being the: southwest corner ofthe property ofColin Cashin (Book 4418, Page 738, Union County Registry), andi running from said beginning point with the center of the right of way of SR 1307 as follows: (1) South 74 degrees 57 minutes 37s seconds West4 467.101 feet to a point; (2) with the arc ofa circular curve to the lefti in a southwesterly direction having a radius of 916.30 feet, an arc distance of 316.62 feet to aj point; (3) South 55 degrees 09 minutes 45 seconds West 114.62 feet to aj point in the center ofs said road right of way, a corner ofLot 1 of] Beechwood Subdivision (Plat Cabinet B, File 128-B, Union County Registry), thence with the eastern boundary line ofI Lot 1 of said subdivision as follows: (1) North 40 degrees 51 minutes 34 seconds East (crossing an iron set at 133.83 feet) a total distance of374.63 feet to ai found old T-iron; (2) North 39 degrees 51 minutes 28 seconds East 168.83 feet to ai rebar found at the common corner ofLot 1, Lot3a and Lot4 4 of] Beechwood Subdivision; thence with the eastern boundary line ofLot4 4 ofs said subdivision North 39 degrees 52 minutes 46 seconds East 347.01 feet to ai rebar found at the common corner ofLot 4 and) Lot 5 of Beechwood Subdivision; thence with the eastern boundary line ofLot 5ofsaids subdivision North 39 degrees 52 minutes 52 seconds East 178.87: feet to aj point on said boundary line, a corner of the property of Colin Cashin; thence with the Cashin boundary line South 15 degrees 46 minutes 24 seconds East (crossing an old round bar found on line at 23.42 feet and crossing and old slick bar found onl line at 488.29 feet)atotal distance of516.41 feett tot thej point ofl BEGINNING and containing 4.57 acres, more or less, as shown on copy ofunrecorded map ofsurvey prepared! by Carroll L. Rushing,  NCPLS, dated August 19, 2009.  Section 3.  Notice of public hearing shall be published in the Monroe Enquirer Journal, a newspaper having  general circulation in the Village ofMarvin at least 10 days prior to the date oft thej public hearing.  Adopted this ghh day ofJune 2021.  3. Consider Adoption of Resolution Stating the Intent of the Village of Marvin to Annex Property Owned by the Village  Which is not Contiguous to the Existing Municipal Boundaries  RS-2021-06-XX  RESOLUTION STATINGTHE INTENTOFTHE VILLAGEOF) MARVINTO ANNEX PROPERTY OWNEDI BY THE VILLAGE WHICH  ISNOT CONTIGUOUS TOTHE EXISTING MUNICIPALI BOUNDARIES  BEITRESOLVED by the Village Council of the Village ofMarvin, North Carolina that:  Section 1. Section 2.  Itist thei intent oft the Village Council, pursuant tol NCGS $160A-58.7, to annex the property described  in Section 2, which is owned by the Village ofl Marvin.  The legal description oft the property is as follows:  "Tract E"  Legal Description for the Thomas H. Efird property, being 1.66 acres, Identified as Tax Parcel 06-207-005C, located within BEGINNING at ani iron found, saidi iron being a corner oft the Thomas H. Efird andi the common corner of(Lot 33, Walden Pond, Phase 2, Plat Cab. D, File 547) the Barry Mendelson property recorded in Deed Book 761 at Page 320 and (Lot 34, Walden  Sandy Ridge Township, Union County, North Carolina and more particularly described as follows:  Page319    Pond, Phase 2, Plat Cab. D, File 547) the Scott & Kathryn Gardner property recorded in Deed Book 4180 at Page 591; Thence running with the line oft the Scott &) Kathryn Gardner property S67°31'05"W 159.89' to an iron found ont the line oft the Walden Pond HOA, Inc. property recorded in] Deed) Book 1024 at Page 832; Thence running with the line ofthe Walden Pond] HOA, Inc. property the following (3) three calls: 1) N60°3823"W 43.98' to aj point; 2) N77°0923"W: 25.72' to a point; 3) S62°19'32"W 66.71't to aj point, said point being a common corner ofthe Thomas Haywood Efird property recorded in Deed Book 476 at Page 183; Thencei running with thel line ofthe Thomas Haywood Efird property N2501155'E449.241 to an iron found, saidi iron being a common corner oft the Mallory King Cannon, III property recorded in Deed Book: 329 at] Page 583 and (Lot3 32, Walden Pond, Phase 2, Plat Cab. D, File 547) the Michael. J. Wilson property recorded in Deed Book 1831 at Page 569; Running thence with thel line ofthel Michael. J. Wilson property andt thel Barry Mendelson property S65°1105"E1 158.91'toa ani iron found and continuing  S13021'22"W: 282.60' tot the Point of Beginning, containing 1.66 acre.  Section 3. Section 4. at6 6:30pm on July 13,2021. Section 5.  The property described in Section 2 is not contiguous to the current municipal boundaries, but will A public hearing on the question of annexation will be held at Village Hall, 10004 New' Town Road Notice of public hearing shall be published in the Monroe Enquirer Journal, a newspaper having  meet the requirements ofl NCGS $160A-58.1(b).  general circulation ini the Village of Marvin atl least 10 days prior tot the date of the! public hearing.  Adopted this gh day of June 2021. Expenses Anticipated by Year End  4. Consider Approval of FY 20-21 Budget Amendment Ratifying Retention Bonuses for Employees and Increase Legal  OR-2021-06-XX  AN ORDINANCE. AMENDING' THE GENERALI FUND BUDGET ORDINANCE  BEI IT ORDAINED by the Village Council of the Village ofMarvin, North Carolina that the following amendment be made tot the SECTION 1. To amend the General Fund Budget, the revenues and appropriations are tol be changed as shown.  annual budget ordinance for thei fiscal year ending June 30, 2021:  AMENDMENT AMOUNT ($6,000) ($15,000) ($8,000) $8,000 $21,000  TYPE Expense Expense Expense Expense Expense  BUDGET ACCOUNT General Government Training and Travel (A/C6401/2) Planning and Zoning Professional Services- Planning and! Zoning Consultant (A/C5006) General Government Professional Services- Website Redesign (A/C5000) Salaries and] Related Expenditures-General Government (A/C6 6000-6100) Legal Expenses (A/C5001)  Reason: To reappropriate funds from various operating expense lines in the General Government budgets to rebalance the expense overages for anticipated legal expenses and retention bonuses for employees as approved at the 5/27/2021 meeting. SECTION:2. Copies of this budget amendment shalll bei furnished to the Clerk tot the Governing Board, and tot the Budget Officer  and the Finance Officer fort their direction. Adopted this 8th day of. June 2021.  Page419    E. PUBLIC HEARING TIME: STAMP3 32:05  1. Open the Public Hearing for the Construction Plan of7-Eleven at Marvin Gardens (See attached documents, Item E.1., which  are included as references int these minutes). VOTE: The motion passed unanimously,4-0. a. Public Comments  MOTION: Councilman Wortman moved to open the public hearing.  Mr. Ammanamanchi explained that a 7-Eleven is being proposed for construction at Marvin Gardens, which is zoned as an Individual Conditional District. He stated that the Planning Board has recommended approval, short of the directional signage. The signage underwent revisions and willl be considered at ai future meeting. Council briefly asked  questions ofMr. Ammanamanchi and Kathleen Rose ofl Kimley-Horn about screening. MOTION: Councilman Marcolese moved to close the public hearing.  VOTE: The motion passed unanimously, 4-0. b. Discussion and Consideration  MOTION: Councilman Marcolese movedt to approve the construction plan of7-Eleven: noti including wayfinding signs, contingent upon Village Engineer review and possible revisions and contingent on no contrary public comments being  received by the Clerk within 24 hours oft the date ofthis public hearing.  VOTE: The motion passed unanimously, 4-0.  TIME STAMP 46:50  2. Open the Public Hearing for Zoning Text Changes related to compliance with NCGS $160D and Other Miscellaneous  Amendments (See attached documents, Item E.2., which are included as references in these minutes).  MOTION: Councilman Wortman moved to open the public hearing.  VOTE: The motion passed unanimously, 4-0. a. Public Comments  Mr. Ammanamanchi explained that NCGS $160D is a reorganization of state law that authorizes municipalities to conduct planning and zoning. Due to the adoption of NCGS $160D, the Village is required to make various revisions  toi its zoning ordinances to be in compliance. VOTE: The motion passed unanimously, 4-0.  MOTION: Councilman Marcolese moved to close the public hearing.  TIME: STAMP 51:25  3. Open the Public Hearing for' Temporary Usel Permit for 10006 Marvin School Road fora Construction Office' Trailer as Required per $151.051(B). (See attached documents, Item E.3., which are inclided as refèrences in these minutes).  MOTION: Councilman Wortman moved to open the public hearing.  VOTE: The motion passed unanimously, 4-0. a. Public Comments  Austin W. Yow, Village Clerk & Assistant to the Manager, swore inl Mr. Ammanamanchi. neighboring property. He added that no additional lighting is being requested. MOTION: Councilman Marcolese moved to close the public hearing.  Mr. Ammanamanchi explained that the temporary use permit is for a 20x8 feet construction trailer tol be located on the site of the new Village Hall. He added that the trailer would be 30: feet from property line and 2001 feet from the closest  VOTE: The motion passed unanimously, 4-0. b. Discussion and Consideration  MOTION: Councilman Marcolese moved to find the findings of fact in the affirmative:  1. Thej proposed temporary use will not materially endanger the public health, welfare, and safety; and 2. The proposed temporary use will not have a substantial negative effect on adjoining properties; and 3. Thej proposed temporary use isi in harmony with the general purpose andi intent oft the ordinance and preserves  its spirit.  VOTE: The motion passed unanimously, 4-0.  Page519    MOTION: Councilman Marcolese moved to approve the temporary use permit for the construction office trailer of which we approve thet temporary use permit application #21-12659, construction office trailer on new Village Hall site, contingent on no contrary comments being received by the Clerk within 241 hours after the conclusion oft the public 1. The temporary use permit shall expire on December 8, 2021, unless an extension is applied for and received 2. Lighting shall be in conformance with the Marvin Lighting Ordinance and shall be directed away from any  hearing, subject tot the following conditions: prior to the expiration date; and single-family homes. VOTE: The motion passed unanimously, 4-0.  F. VILLAGE HALL TIME STAMP 58:05  Ms. Amos explained that the contractor. has had tol haul soil onto thes site and that a change order related to the soil tests may be forthcoming. Mayor Pollino spoke on his conversations with Saint Matthew Church about acquiring some oft their stored soil. Ms. Amos briefly reflected on minor administrative changes on the Village Hall plans. She stated that she expects the final approval on the remaining permits this week. She then informed Council that some of the furniture, plumbing, and electrical selections madel by the Village Halll Design Finishes Subcommittee have been determined by the Architect and Contractor tor not be upi to code. Shea added that the Contractor is wishing to1 revert the selections back tot the original submittal. Once the Certificate  ofOccupancy is received, then changes can bei made to the selections.  G. CLOSED SESSION TIME STAMP 1:03:10  Recess into Closed Session pursuant to NCGS $143-318.11()0) to Consult with an Attorney Employed or Retained by MOTION: Councilman Marcolese moved to recess into Closed Session pursuant to NCGS $143-318.11(a)3) to Consult with  thel Public Body in Order to Protect the Attorney-Client Privilege  an Attorney Employed or Retained by thel Public Body in Order tol Protect the Attorney-Client Privilege.  VOTE: The motion passed unanimously, 4-0. (Recording omits Closed Session) VOTE: The motion passed unanimously, 3-0.  MOTION: Councilman Marcolese moved move back into open session.  H. UNFINISHED BUSINESS TIME: STAMP 1:05:30  1. Discussion of2022 Marvin Day Celebration Council discussed this item in depth. I. NEW BUSINESS TIME STAMP 1:15:10  Derek Durst, Public Facilities Manager, gave an update on the planning process for the 20221 Marvin Day celebration. He stated that Saturday, May 21,2022, was selected: for thee event. Hel brieflys spoke on duties delegatedt to staffa and] PR&GI Board members.  1. Discussion of Glitter Litter at Marvin Efird Park oft those who violate thei new policy. TIME STAMP 1:19:55 references in these minutes).  Mr. Durst informed the Council that photographers. are leaving glitter behind atl Marvin Efird Park andt that iti is hard to clean up. Council discussed thisi item in depth and agreed to directs staffto draft aj policy tol ban glitter andt to revoke thej professional passes  2. Discussion and Consideration of Solid Waste and Recyling Options for Service as Municipal Service AND Direct Manager to Negotiate with Selected Vendor Expected to Award Contract at Next Meeting AND Proceed with Implementing Prol Rated Solid Waste Utility Fee effective. July 1,2021 (See attached documents, Item 1.2., which are included as Ms. Amos summarized the three solid waste bids from. Active Waste, Waste Connections, and' Waste Pro. Council discussed the various services options in depth. They agreed to pursue weekly trash and recycling, Christmas tree collection, annual paint and  Page619    oil collection (contingent upon the price), annual electronics collection (contingent upon the allowable weight ofe electronics), MOTION: Mayor Pro Tem Vandenberg moved to find Active Waste is the most responsive bidder AND direct Manager to negotiate with Active Waste expected to award contract at next meeting AND proceed with implementing prorated solid waste  and having the Marvin logo on both the trucks and the trash and recycling cans.  utility fee effective. July 1,2021. VOTE: The motion passed unanimously, 4-0. TIME: STAMP2:11:00 Services  3. Consider Resolution to Displace Private Solid Waste Collection Services and Move Forward with Municipal Provided  RS-2021-06-XX  ABATOTPMSTAGPAN SOLID WASTE COLLECTION SERVICES ANDI MOVEFORWARD WITHI MUNICIPAL: PROVIDED: SERVICES  WHEREAS, pursuant to NCGS $160A-327, the Village of Marvin published notice of a meeting on January 12, 2021, where WHEREAS, on January 12, 2021, Marvin Village Council voted to move forward with displacement of private solid waste collection services with a final decision within six months and any such municipal provided solid waste services not commencing for a period of 15 months from the date of publication which occurred on December 12, 2020; WHEREAS, on April 1,2021, the Village of Marvin and the Town of Weddington issued a Solid Waste Services Request for WHEREAS, there were three (3) proposers that responded tot the RFP and Village Councili intends tos select one oft the proposers and enter into an agreement for the provision of municipal provided solid waste collection services; and WHEREAS, Village Council seeks to take formal action to displace private companies providing private solid waste collection  proposed changes in solid waste collection were discussed;  Proposals ("RFP");  services within the municipal limits in accordance with NCGS $160A-327. Now, THEREFORE, BE IT RESOLVED by thel Marvin Village Council that: municipal provided solid waste collection service;  (1) Village Council intends to select one of the proposers from the RFP and enter into an agreement for the provision of (2) Village Council hereby displaces private companies from providing private solid waste collection services within the (3) Village Staffis instructed and authorizedi to take actions to facilitate moving forward with municipal provided solid waste  municipal limits with displacement occurring on or about April 1,2022; and  services.  Adopted this 8th day of. June 2021.  MOTION: Mayor Pro Tem Vandenberg moved to approve the resolution to displace private solid waste collection services and  move forward with municipal provided services. VOTE: The motion passed unanimously, 4-0.  TIMESTAMP2:1130  4. Discuss and Consider Adoption of Resolution Authorizing Purchase of Furniture Under State Contract  Ms. Amos explained that PMC Commercial Interiors is currently under state contract and that the resolution exempts the three- bidi requirement. She noted that this is authorized by both State law and' Village policy. (See attached sketch] plan and documents, Item H.5., which is included as a reference in these minutes). (See attached. funiture selections, ltem 1.4., which is included as a  reference in these minutes).  RS-2021-06-XX  RESOLUTION AUTHORIZING PURCHASE OF FURNITURE UNDER STATE CONTRACT  WHEREAS, the Village of Marvin seeks toj purchase Furniture to be used in the new Village Hall Facility currently under  construction;  Page719    WHEREAS, G.S.'143-129(e): provides for an exemptioni from the public! bidding requirements for purchases from contracts established by the State ofNorth Carolina or any agency ofthe State, ifthec contractor is willingt to extendi toa ap political subdivision WHEREAS, Section 4.4 oft the Village Purchasing & Procurement Policy allows the Village ofl Marvin tor make purchases WHEREAS, North Carolina State Contract 420A with) PMC Commercial Interiors allows the Village of Marvin toj purchase WHEREAS, it will save Village resources to utilize the designated State contract price for the purchase furniture through NOW, THEREFORE, the Village Council oft the Village of] Marvin hereby resolves that the Village Manager or designee  oft the State the same or1 more favorable prices, terms, and conditions as established in the State contract;  from State ofl North Carolina purchase contracts; the various furniture as a price not to exceed $100,000; and  State Contract 420A without going through aj procurement bidding process.  isa authorized to purchase various furniture under the State purchase contract as seti forth herein.  Adopted and Effective this the &th day ofJune 2021. VOTE: The motion passed unanimously, 4-0. VOTE: The motion passed unanimously, 4-0.  MOTION: Mayor Pro" Tem Vandenberg moved to approve the resolution authorizing purchase of furniture under state contract.  MOTION: Mayor. Pro Tem Vandenberg moved to approve the furniture selections.  TIME: STAMP: 2:16:40  5. Discussion and Consideration of Sketch Plan for the Estates at Marvin Branch Subdivision (See attached sketch plan and Mr. Ammanamanchi presented the sketch plan fort thel Estates at Marvin Branch subdivision which would consist of 16: single- family homes on 28 acres andi is proposed in the conservation style. He noted thej proposal includes easements to construct trails that would connect to thei future extension of the Six Mile Creek Greenway and to thel Marvin Creek subdivision. He noted that thel PR&G. Board recommend: approval ass submitted. The Planning Board have recommended approval contingent upon keeping existing boulders in place, maintaining the tree buffer, andj planting additional trees. Mr. Ammanamanchi briefly recapped the Mr. Ammanamanchi then explained the applicants' request to decrease the viewshed on one side ofthes street to 85 feet due to a substantial hardship. The applicant sites thel hardship ast thel DEQ! buffer that extends far beyond thei floodplain. Council discussed this request in depth, including past precedent for approving such requests. Mr. Ammanamanchi explained that Elysian Fields was previously approved with the viewshed reduction. He noted that Planning Board voted 3-1 to recommend approval ofthis request. He noted that opaque screening would be required for the home located at the edge of the proposed 85 feet viewshed. Councilr noted thet uniques situation witht this] property, thee existence ofa 200ft DEQbuffer oni two ofthe four sides ofthej property. MOTION: Mayor Pro Tem Vandenberg moved to approve the sketch plan for the Estates at Marvin Branch Subdivision as presented with the recommendations of thel Planning Board: to keep the boulders, to not disturb the trees in the buffer, to plant trees to increase density and around lots with insufficient screening; and toi include supplemental screening on lot 16.  documents, Item 1.5., whichi is inclided as a reference in these minutes).  two public input meetings held on May 5,2021.  VOTE: The motion passed unanimously, 4-0. TIME STAMP: 2:52:25 6. Discussion of Post-COVID Meetings  Austin W. Yow, Village Clerk & Assistant to the Manager, explained that once the State and County States of Emergency are rescinded that the Council will automatically revert to their previously established policy on remote participation in meetings. He asked Council for direction on how to facilitate public participation in meetings when things fully return to normal. He recommended switching from Webex to YouTube Live, which would live stream public meetings and save staff time. Council discussed this item in depth and agreed tol live stream meetings on YouTube Live once thes states ofe emergency are rescinded. Austin W. Yow explained that there were three applicants for the vacant Planning Board seat. Council briefly discussed the  TIME STAMP 3:03:55  7. Discuss and Consider Appointment of Applicant to the Planning Board fora' Term Expiring 3/1/2023 applicants' qualifications. (See attached application, Item 1.7., which is included as ai refèrence in these minutes).  Page819    MOTION: Mayor Pro Tem Vandenberg moved to appoint Kenneth Marino to the Planning Board for at term expiring 3/1/2023.  VOTE: The motion passed unanimously, 4-0. TIME: STAMP: 3:07:00 July through September. J. OPEN TOPICS TIME: STAMP 3:12:05  8. Discussion of Coffee with Council Dates uly-September)  Council recapped thej previous Coffee with Council and then discussed and selected dates for Coffee with Council events from  Mayor Pollino suggested shifting Council regular meeting earlier to 6pm. Council discussed this proposal and directed Mr. Yow  tor revise the Village Council meeting schedule and place it on the. June 24 work session agenda.  K. AGENDA ITEMS TIME: STAMP 3:14:15  1. Review of Action Items and Ongoing Action Item List  Ms. Amos will begin negotiations with Active Waste. Mr. Yow will prepare for post-COVID: meetings.  Mr. Yow will revise the Council Meeting Schedule to shift regular meetings from 6:30pm to 6pm. Mr. Ammanamanchi will placet the redline 160D changes on the. June 24 work session agenda.  Mr. Durst will prepare a policy to prohibit and penalize the use of glitter atl Marvin Efird) Park, including thei revocation  ofp professional access passes.  Mr. Spencer will draft an ordinance for the waste fee schedule. Council reviewed the ongoing action item list and made revisions.  TIME: STAMP 3:24:20 2. Council Comments  Mayor Pollino: He wished Ms. Amos a happy birthday. Hel brought up comments from ai resident on the great jobl Ms. Amos is doing. He thanked Staff for their hard work. He encouraged people to be safe now that school is out for summer. He briefly discussed scam texts and emails from persons pretending tol be him. He encouraged people tol be careful considering theses scams. Councilman Lein: He thanked law enforcement for their hard work. He thanked Council and Staff fort their hard work. Councilman Marcolese: Het thanked Staff, especially Mr. Ammanamanchi for hisl hard work ont thei form-based code. Hey wished Councilman Wortman: He thanked Staff fort their hard work; hel highlighted Mr. Ammanamanchi" s work on thei form-based code. Hei thanked our lawe enforcement officers forworkingt to address speeding on Waxhaw-Marvin Road. Hei reminded: residents  Ms. Amos al happy birthday.  tos slow down for the sake ofe everyone'ss safety.  L. ADJOURNMENT  MOTION: Councilman Marcolese moved to adjourn the meeting at 10:18pm.  VOTE: The motion passed unanimously, 4-0  7-13-21  Adopted:  JasEPalimoun, Mayor E  A  OF MAs SEAL N.C.  Austin W. Yow  Village Clerk &. Assistant to the Manager  Page919    PUBLIC HEARING NOTICE Please take notice thatt the Mar- vin Village Council has called forp publich hearingt tob bet held on Tuesday, June 8, 2021 at6 6:30 pm at Village Hall, 10004 New Town Road, Marvin, NC fort the purpose of receiving public comment on the following: To consider zoning text changes related to compliance with NCGS $160D and other minor miscellaneous amend- ments. To consider for approval ofa Temporary Use Permit (TUP) for1 10006 Marvin School Road fora Construction Office Trail- er as required per $151.0 .051(B) To discuss and consider the Construction Plan of7 7-Eleven at Marvin Gardens The Village of! Marvin reserves ther right tor make amendments to the proposed documents based on information received att the public hearing. Citizens arei invited to make written and oral comment. All documents are available fori inspection in the Village Clerk's Office by calling the Village Hall at (704) 843-1680. The Village of Marvin reserves the right tor make amendments to the proposed documents based oni information received att the public hearings. Citizens are invitedt to make written and oral comment. Due tot the ongo- ing health crisis, citizens have the right to submit a public comment in written form between the time oft the official public notice and: 24 hours after the conclusion of the public hearing. VIRTUAL OPTION: If you would like to attend virtually, please see the Webex informa- tion below. To make a public comment at the hearing or to submit a written comment for the record, please contact the Village Clerk by phone at (704) 627-2018 or by email at clierk@marinnc.goy, All docu- ments are available fori inspec- tioni int the Village Clerk's Office by calling the Village Hall at (704) 843-1680. To participate in the hearings virtually, use the information provided below: For Computer Users Typet the URL link: htpsi/bi.y3wwnip6 For Smart Phonel Users: Download the Cisco Webex app, entert the meeting number, your name, email address, and meeting password. ByF Phone: Dial 1-415-655-0001 and enter the Meeting Number and Meeting Password. Meeting number (access code): 142 858 8088 Meeting password: Vom608 (866608 from phones) The Village of Marvin does not discriminate based ond disability. Ify you need auxiliary aid ser- vice or other accommodations to attend or fully participate at the public hearing(s), please contact the Village Clerk by email at dlerk@marvinncgovo by phone at (704) 843-1680 ext. 102 atl least one week in advance so accommodations can be provided. Austin W. Yow Clerk, Village ofl Marvin May 29, June 5,2021  Tlams £.L-3.    Ttem EI  VILLAGE OF MARVIN  10004 New Town Road I Marvin, NC 28173 Tel: (704)843-1680 I Fax: CoS-GDm-mang  R TO: FROM:  Mayor and Village Council  Rohit Ammanamanchi, Village Planning & Zoning Administrator  SUBJECT: Discussion and Consideration of Construction Plan for Marvin Gardens Outparcel 1:7 7-  Eleven June 2, 2021  DATE: Background  As part oft the Marvin Gardens I-CD, the outparcels shall be developed in strictly defined parameters. In addition tot the relevant regulations ini the recently amended Development Standards, the conditions ofapproval in the Ordinance OR-2016-11-01 state a few additional mutually agreed conditions. Both As such, 7-Eleven has submitted aj proposal to develop on Outparcel 1, where this outparcel is the only allowable location for the Convenience Store/Fuel Sales use. A map showing the parcel is attached. Planning Staff1 has determined in the sketch plan phase, after ai round ofrevisions, that the proposal meets all requirements (Specifically, the architecture, landscape, buffer, and signage requirements). Wayfinding Signs are allowed in general, but require DRB approval, therefore, they would not be approved at this agenda item. The Applicant has submitted revisions, which will need to be considered by the DRB at their. June 15 meeting. The Planning Board voted to approve as presented at their May Following the recommendation of approval by the Planning Board and the vote by Council, the Construction Plan will bei reviewed by the Village Engineer and all applicable outside agencies. So long as those revisions do not affect the zoning regulations in a way that reduces the quality, the construction plan need not be reviewed again by the Planning Board and Council.  documents are attached to the memo.  18, 2021 meeting.  Current  Staff recommends Village Council review the construction plan and approve as presented or with modifications, contingent on any revisions required by wayfinding signage modifications and engineer review, and no contrary public comments received within 24 hours oft the conclusion of the public hearing, or deliberate at the next meeting if substantial revisions or additional information is required.    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OF - Eol H CAROY TO: FROM:  VILLAGE OF MARVIN  10004 New Town) Road 1 Marvin, NCI 28173) Tel: (704) 843-1680 Fax: (704) 843-1660 www.maryinne.org  Mayor and City Council  Rohit Ammanamanchi, Planning/Zoning Administrator  SUBJECT: Discussion and Consideration of Changes to Ordinance required by NC G.S. 160D and  other minor miscellaneous amendments  DATE: Background  June 2, 2021  The State has recently updated the chapter of State Statutes that allows Municipalities and Counties to administer Planning and Zoning, by adding ai new consolidated Section: NC G.S. 160D. Therefore, the State has given until July 1st for municipalities to adopt any changes to their ordinances that are: needed tol bring our ordinances into compliance with the new rules. At this time, Staff has also identified 8 miscellaneous amendments to the ordinance which will be presented at this time. All 160D-rlated changes and 6 of 8 miscellaneous changes were: recommended for approval as presented by Planning Board at their May 18th, 2021 meeting. Only the 6 changes recommended for approval are presented at The Action Requested is to approve all changes, with any modification if desired to changes not related  this Council meeting.  to 160D. The Changes are summarized below:  160D-Required Changes:  Amend and Add Conflict ofInterest Provisions to Comply with NCGS $160D Update References to Former NCGS $160A to Comply with! NCGS $160D  Amend to Change Conditional Use Permits to Special Use Permits to Comply with NCGS  $160D  Amend, Delete, and Add Definitions to Comply with NCGS $160D  Add: Requirement for Appointed Board Members to Take an Oath of Office to Comply with Add Requirement to Maintain Zoning Maps and State or Federal Agency Maps Incorporated by Add Procedure to Issue Notices ofViolation (NOVS) to Comply with NCGS $160D Amend $151.290 to: Require Inspector Obtains Consent of] Premises Owner or an Administrative Search Warrant to Inspect Areas Not Open to the Public to Comply with $160D; and Require the Same Process for Approval when Conducting a Revocation ofDevelopment Approval or Other  NCGS $160D  Reference for Public Inspection to Comply with NCGS $160D  Permits to Comply with NCGS $160D.    Amend and Add Provisions to Legislative Decisions to Comply with NCGS $160D Amend and Add Provisions for Certain Legislative Decisions to Comply with NCGS $160D Amend and Add Provisions for Quasi-Judicial Procedures to Comply with NCGS $160D Amend and. Add Provisions for Quasi-Judicial Decisions to Comply with NCGS $160D Amend and Add Provisions for Administrative Development Approvals to Comply with NCGS Amend and Add Provisions for Administrative Determinations to Comply with NCGS $160D Amend and Add Provisions for Appeals of Administrative Decisions to Comply with NCGS Amend and Add Provisions for Vested Rights and Permit Choice to Comply with NCGS $160D Amend and Add Provisions for Substance of Other Development Ordinances to Comply with  $160D  $160D  NCGS $160D  Miscellaneous Changes:  Amendment to add Marvin Gardens to list ofI-CD: in $151.092,  Amendments to fix typographical errors in  D $151.103(B) and o $151.054(E),  Amendment to correct the title of $151.152,  Amendment to Change Guidelines to Regulations in $151.046(H)(2), and Unit to Match the Intent of the Village in $151.049 and $151.054  Amendment to Change the Applications of160D-required definitions Dwelling and Dwelling  Current  PerNCGS $ 160D-605, all changes to zoning regulations shall be adopted in accordance with a comprehensive plan and prior to approval or rejection, the board must adopt one oft the following  consistency ori inconsistency statements in conjunction with ordinance.  CONSISTENCY STATEMENT  The Village ofMarvin Council finds the action to amend the Village's Zoning to be consistent with the adopted 2020 Land Use Plan. The 2020 Land Use Plan calls to "ensure future development will add to the overall quality and uniqueness oft the community, and builds upon the existing foundation the defines Marvin". The proposed change will help reach intended goal of enhancing the Village's development  ordinances therefore being reasonable and in the public interest.    INCONSISTENCY STATEMENT  The Village of Marvin Council finds the action to amend the Village's Zoning tol be inconsistent with the adopted 2020 Land Use Plan. The 20201 Land Use Plan calls to "ensure future development will add to the overall quality and uniqueness oft the community, and builds upon the existing foundation the defines Marvin". The proposed change will not help reach intended goal of enhancing the Village's development ordinances therefore not being reasonable and ini the public interest.  Requested Action June 24, 2021 meeting.  Review the Ordinance Text. Amendments and consider adopting the fully redlined amendments at the    OF  VILLAGE OF MARVIN  10004 New Town Road] Marvin, NCI 28173 |Tel: (704) 843-1680 E Fax: (704)8 843-1660 www.marvinnc.org  B  TO: FROM:  Planning Board  Rohit Ammanamanchi, Village Planning & Zoning Administrator  SUBJECT: Discussion and Consideration ofText Amendments to Amend and Add Conflict of  Interest Provisions to Comply with NCGS $160D  DATE: Sections  May 13, 2021  Item #1. Amend $151.251.D(9)0) Item #2. Amend $151.252.D(7d) Item #3. Amend $151.234(B) Item #4. Add $151.005 Item #5. Add $151.180(C) Item #6. Add $151.202 Item #7.. Add $151.215(D)7)00) Item #8. Add $151.230(D) Current $151.251.D(9)0)  [Excerpt from $151.251 Zoning Amendments; Conditional Districts as follows]  0) Conflicts of interest. A Village Council member shall not vote on any zoning amendment where the outcome of the matter being considered is reasonably likely to have a direct,  substantial, and readily identifiable financial impact on the member. [Excerpt from $151.252. Zoning Amendments; Text Amendments as follows]  $151.252.D(7))  (d) Conflicts of interest. A Village Council member shall not vote on any zoning amendment where the outcome of the matter being considered is reasonably likely to have a direct,  substantial, and readlyidentifiable financial impact on the member.  [Excerpt from $151.234(B) as follows]  (B) Any member(s) oft the Board who declares that a potential conflict ofi interest may exist with respect to any petition or application before the Board may be excused and replaced by an alternate. Impermissible conflicts include, but are not limited to, a member having a fixed opinion prior to hearing the matter that is not susceptible to change, undisclosed ex parte communications, a close familial, business or other associational relationship with an affected person, or a financial interest in the outcome of the matter. If an objection is raised to a    member's participation and that member does not recuse himself or herself, the remaining members shall by majority vote rule on the objection. In the event fewer than three members  remain, no reversal ofa any prior decision may be made.  Redlines  [Item #1. Amend $151.251.D(9)0) as follows]  0-Contiets-oFinteres-AVIgge-Gaumdt-membersha-netvoleomanysent where-the-OMtcme--oF-e-miter-heingsemsiderd-s-emahy-ley-ely-to-have-a-direck, ) Conflicts of interést. Village Council members, appointed boards, and administrative staff shall comply with conflicts ofinterest standards in $151.005(A)on: all: zoningamendments.  Substantialandrealydeniableable-fimanélalimpacten-the-member.  [Item #2. Amend $151.252.D(7)d) as follows]  -Comflets-ehimteres-AVIgge-Ceun-membershanstvateomaysent Mher-NeMtmesENeEw--y-le-hae-a-dies (d) Conflicts of interest. Village Council members, appointed boards, and administrative staff shall comply with conflicts ofinterest standards in $151.005(A) on all zoningamendments.  Substantialandreadly-ldentnablefimandal-mpacten-the-member.  [Item #3. Amend $151.234(B) as follows]  (B) Any-membertyeFtheiaapotentakcenceofinteresterestmayewisewith esper-te-any-PetteleneraPpa-ere-te-Reant-msssdaneplaeed-by-am ermate-mpermissisie-cenlks-matm-,-meber-having-4-fixed Pinon-per-te-hearaES-messePBbe-te-hamser-umdsselesed-ek-parte communications,a-dlsesmla-husines-orolherassedantioma-rehatomp-witl-an-alfected personr-oF-a-fimaneladal-meresH-te-aHtome-dFNe-mate-Fam-testien-is-aised-te-a members-partiepato.PAP-RE-NEReNemePdP-MeHaseseimsForhemellthe-remaiaing members-shal-by-maenty-pleiean-eaHedtion-la-eeventewerihan-hree-members emal,Rereversa-oanypmerdeseesion-may-bemade. Board of Adjustmentmembersstattshal.  complywith conflicts ofi interest standards in $151.005. [Item #4. Add $151.005 CONFLICTS OF INTEREST] $151.005 CONFLICTS OF INTEREST  (A) Village Council. A Village Council member shall not vote on any legislative decision regardinga development regulation adopted pursuant to this Chapter where the outcome of the matter being    considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member. A Village Council member shall not vote on any zoning amendment ift the landowner of the property subject to a rezoning petition or the applicant for a text amendment is a person with whom [B) Village of Marvin Appointed Boards. Members of appointed boards of the Village of Marvin, including the Planning Board, Board of Adjustment and Design Review Board, shall not vote on any advisory or legislative decision regarding a development regulation adopted pursuant to this Chapter where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member. An appointed board member shall not vote on any zoning amendment ift the landowner oft the property subject to a rezoning petition or the applicant fora text amendment is a person with whom the member has a close familial, business, or other (C) Administrative Staff Administrative staff, including the Zoning Administrator, shall not make a final decision on an administrative decision required by this Chapter if the outcome of that decision would have a direct, substantial, and readily identifiable financial impact on the staff member or ifthe applicant or other person subject to that decision is a person with whom the staff member has a close familial, business, or other associational relationship. Ifa staff member has a conflict of interest under this section, the decision shall be assigned to the supervisor of the staff person or such other staff person as may be designated by the development regulation or other ordinance. No staff member shall be financially interested or employed by a business that is financially interested in a development subject to regulation under this Chapter unless the staff member is the owner oft the land or building involved. No staff member or other individual or an employee of a company contracting with the Village of Marvin to provide staffs support shall engage in any work that is inconsistent with his or her (D) Ouasi-Judicial Decisions. A member of any board exercising quasi-judicial functions pursuant to this Chapter shall not participate in or vote on any quasi-judicial matter in a manner that would violate affected persons' constitutional rights to an impartial decision maker. Impermissible violations of due process include, but are not limited to, a member having a fixed opinion prior tol hearing the matter that isnot susceptible to change, undisclosed ex parte communications. a close familial, business, or other associational relationship with an affected person, or a financial interest in the outcome oft the matter. (E) Resolution of Objection. Ifa an objection is raised to a board member's participation at or prior to the hearing or vote on a particular matter and that member does not recuse himself or herself, the (F) Familial Relationship. For purposes of this section, a "close familial relationship" means a spouse, parent, child, brother, sister, grandparent, or grandchild. The term includes the step, half, and  the member has a close familial, business, or other associational relationship.  associational relationship.  duties or with the interest ofti the Village ofMarvin, as determined by the Village.  remaining members of the board shall by majority vote rule on the objection.  in-law relationships.    [Item #5. For the Zoning Administrator, add $151.180(C) CONFLICTS OF INTEREST] Conflicts ofi interest. Administrative Staff, including the Zoning Administrator, staff shall comply with  conflicts ofinterest requirements in $151.005.  [Item #6. For the Planning Board, add $151.202 CONFLICTS OF INTEREST]  Conflicts of interest. Planning Board members staff shall comply with conflicts of interest [Item #7. For the Design Review Board, add $151.215(D)7)0) CONFLICTS OF INTEREST] Conflicts of interest. Design Review Board members staff shall comply with conflicts of interest [Item #8. For the Board of Adjustment, add $151.230(D) CONFLICTS OF INTEREST] Conflicts of interest. Board of Adjustment members staff shall comply with conflicts of interest  requirements in $151.005.  requirements in $151.005.  requirements in $151.005.  Reason advisory boards.  $160D-109 requires municipalities to adopt broadened conflict-of-interest standards for governing and    FOFM  VILLAGE OF MARVIN  10004 New Town Road] Marvin, NCI 28173 |Tel: (704)843-1680 I Fax: (704) 843-1660 I www.maryinnc.org  TO: FROM:  Planning Board  Rohit Ammanamanchi, Village Planning & Zoning Administrator  SUBJECT: Discussion and Consideration of Text Amendments to Update References to Former  NCGS $160A to Comply with NCGS $160D  DATE: Sections Item #9. $151.280(A) Current [Excerpt from $ 151.280]  May 13,2021  $151.280 STATUTORY AUTHORIZATION; FINDINGS OF FACT.  (A) The Legislature of the State of North Carolina has in G.S. Chapter 143, Article 21, Part 6; and Chapter 160A, Article 8, delegated to local governmental units the responsibility to adopt  regulations designed to promote the publichealth, safety and general welfare.  Redlines  [Item #9. Amend $151.280(A) as follows]  $151.280 STATUTORY AUTHORIZATION; FINDINGS OF FACT.  (A) The Legislature oft the State of North Carolina has GS-Chapler143-AFide2pPart6yana hper-160A-ARee-, delegated to local governmental units the responsibility to adopt  regulations designed toj promote the public health, safety and general welfare. $160D require updates to any references to former NCGS Chapter 160A.  Reason    GROF  VILLAGE OF MARVIN  10004 New Town Road Marvin, NC |281731 |Tel: (704)843-1680 I Fax: (704) 843-1660 I www.marvinne.org  CARO  TO: FROM:  Planning Board  Rohit. Ammanamanchi, Village Planning & Zoning Administrator Use Permits to Special Use Permits to Comply with NCGS $160D  SUBJECT: Discussion and Consideration of Text Amendments to Amend to Change Conditional  DATE: Sections  May 13, 2021  Item #10. Change 79 references of 'Conditional Use Permit' throughout $151 to "Special Use Permit.'  Ina addition, change all acronyms of CUP to SUP.  Reason  $160D-102 requires municipalities to change Conditional Use Permits to Special Use Permits.    VILLAGE OF MARVIN  10004 New Town Road 1 Marvin, NC 281731 Tel:( (704)843-1680 1 Fax: (704) 843-1660 I www.marvinne.org  H CAT RO  TO: FROM:  Planning Board  Rohit Ammanamanchi, Village Planning & Zoning Administrator  SUBJECT: Discussion and Consideration ofText. Amendments to Amend, Delete, and Add  Definitions to Comply with NCGS $160D  DATE: Sections Item #11.  May 13,2021 Amend definitions of: Building Remove definitions of:  Accessory Use Dwelling Dwelling, Single Family  Add definitions for: Dwelling Dwelling Unit Sleeping Unit Development Legislative decision Subdivision regulation Zoning regulation  Current  Building -A structure, temporary or permanent, having a roof or other covering, supported by constructed columns or exterior walls designed or used for the shelter, housing or enclosure of persons, animals or property. The term BUILDING shall be construed as iff followed by the words OR PARTS THEREOF which include but are not limited to: uncovered attached decks and other appurtenances of the structure such as stairs, roofs, chimneys, eaves, heating and air conditioning fixtures, bay windows, balconies and the like. Any structure that is ai mere appendage to a building such as a flagpole, trellis, DWELLING, SINGLE-FAMILY. A detached building designed for or occupied exclusively by one  perimeter wall or fence shall not be considered as part of the building. family, but not to include mobile homes as defined by this chapter.    Redlines  [Item #11. Amend $151.0161 DEFINITION OF THE SPECIFIC TERMS AND WORDS as follows] Building - Any structure used or intended for supporting or sheltering any use or occupancy. A velrertemperay-oralhereneine-swpetitysenstrweledeolumns resaldapiew-tfrepsw heem-BUILDING-hesmnseiFelewstyeen-OR-PARISTS-THEREOP-which imeludebwtaremetlimisieruseveéaliahaidals-méalerappureMaesoFlhesiwelwre-suehx ssiairs,roels,ehimmeyeshesingandirenisngfatywina,balemiesamdtlie Ke-AnysineurethapPemgshwling-ahaspeleiali-perimelerwaller  IeeNstefehaNaNg  [Delete the following definition:]  Asesegrlie-Pweling-Acpeaw#Nsand DWBLEING,SNGIEFAM-Eagpwpinkealwelyene  separateeerma-emiraFRPAAeelhepimaydeline  ARHY,DHERCEO-meNdemebHe-emesasdelned-by-thisehapter:  [Add the following definitions:]  Dwelling - A building that contains one or two dwelling units used, intended or designed to be used, rented, Dwelling Unit - A single unit providing complete, independent living facilities for one or more persons, Sleeping Unit - A room or space in which people sleep, which can also include permanent provisions for living, eating, and either sanitation or kitchen facilities but not for both. Such rooms and spaces  leased, let or hired out to be occupied for living purposes  including permanent provisions for living, sleeping, eating, cooking and sanitation.  that are also part of a dwelling unit are not sleeping units.  Development - Any of the following: site, or demolition of any structure.  a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another  b. The excavation, grading, filling, clearing, or alteration ofl land. C. The subdivision of land as defined in G.S. 160D-802.  d. The initiation or substantial change in the use ofl land or the intensity of use of land.  Legislative decision = The adoption, amendment, or repeal of a regulation under this Chapter or an applicable local act. The term also includes the decision to approve, amend, or rescind a development  agreement    Subdivision Regulation - A subdivision regulation authorized by 160D-801. Zoning Regulation - A subdivision regulation authorized by 160D-702.  Reason  $160D-706 (b) states, "When adopting regulations under this Article, a local government may not use a definition of building, dwelling, dwelling unit, bedroom, or sleeping unit that is inconsistent with any definition of those terms in another statute or in a rule adopted by a State agency, including the State Building Code Council." The source for definitions proposed in this text amendment were from the  2018 State Building Code.    FOF  VILLAGE OF MARVIN  10004 New Town Road I Marvin, NCI 28173 Tel: (704) 843-1680 I Fax: (704)8 843-1660 wwwmarvinne.org  TO: FROM:  Planning Board  Rohit Ammanamanchi, Village Planning & Zoning Administrator Board Members to Take an Oath of Office to Comply with NCGS $160D  SUBJECT: Discussion and Consideration ofText Amendments to. Add Requirement for Appointed  DATE: Sections Amend: Add:  May 13,2021  Item #12. Amend $151,201  Item #13. Add $151.205(F) Item #14. Add 151.230(D) Current [Excerpt from $151.201]  $151.201 APPOINTMENTS AND TERMS.  The Planning Board shall consist ofs seven members, all of whom are residents oft the village and whom  the Village Council has duly appointed for designated staggered terms.  Redlines  [Item #12. Amend $151.201 as follows] $151.201 APPOINTMENTS AND' TERMS.  The Planning Board shall consist of seven members, all of whom are residents oft the village and whom the Village Council has duly appointed for designated staggered terms. All appointed members shall, before entering their duties, qualify by taking an oath of office as required by G.S. 153A-26  and G.S.1 160A-61.    [Item #13. Add $151.205(F) as follows] (F) Design Review Board Oath of Office. required by G.S. 153A-26 and G.S. 160A-61. [Item #14. Add $151.205(F) as follows] $151.230(D) Oath ofOffice.  All Design Review Board members shall, before entering their duties, qualify by taking an oath of office as  All Board of Adjustment members shall, before entering their duties. qualify by taking an oath of office as  required by G.S. 153A-26 and G.S. 160A-61.  Reason  $160D-309 requires municipalities to adopt a requirement for board members to take an oath of office  before starting his or her duties.    OF  VILLAGE OF MARVIN  10004 New Town Road] Marvin, NCI 128173 |Tel: (704) 843-1680 Fax: (704) 843-1660] www.marvinac.org  R  TO: FROM:  Planning Board  Rohit Ammanamanchi, Village Planning & Zoning Administrator  SUBJECT: Discussion and Consideration ofText Amendments to Add Requirement to. Maintain  Zoning Maps and State or Federal Agency Maps Incorporated by Reference for Public  Inspection to Comply with NCGS $160D  DATE: Sections Item #15. Add $151.032 Current [This is a new: section] Redlines  May 13, 2021  [Item #15. Add $151.032 as follows] $151.032 Maintenance ofl Maps  (A)Zoning Map. - The Village ofMarvin's: adopted current and prior Zoning Maps shall be maintained for public inspection in the office oft the Village Clerk. The maps may bei inj paper ora digital format. (B) Maps Incorporated by Reference. Flood insurance rate maps, watershed boundary maps. or other maps officially adopted or promulgated by State and federal agencies referenced in the Village of Marvin Zoning Ordinance are incorporated by reference as part of this Zoning Ordinance. For these maps, a regulation text or zoning map may reference a specific officially adopted map or may incorporate by reference the most recent officially adopted version of such maps. When zoning district boundaries are based on these maps, the zoning district boundaries are automatically amended to remain consistent with changes in the officially promulgated State or federal maps. provided a copy of the currently effective version of any incorporated map shall be maintained for public inspection in the Office of the Village (C)Map Copies. - Copies of the zoning district map may be reproduced by any method of reproduction that gives legible and permanent copies and, when certified by the Village Clerk in accordance with G.S. 160A-79 or G.S. 153A-50, shall be admissible into evidence and shall have the same force and effect as  Clerk.  would the original map. Reason  $160D-105 requires municipalities to maintain Zoning Maps and State or Federal Agency Maps  Incorporated by Reference for Public Inspection.    OF  VILLAGE OF MARVIN  10004 New Town Road I Marvin, NCI 28173 |Tel: (704)843-1680 E Fax: (704)843-1660 I wwwmarvinnc.org  AR9  TO: FROM:  Planning Board  Rohit Ammanamanchi, Village Planning & Zoning Administrator ofViolation (NOVs) to Comply with NCGS $160D  SUBJECT: Discussion and Consideration ofText Amendments to Add Procedure to Issue Notices  DATE: Sections Item #16. Add $150.014(C)(5) Current [This is a new subsection] Redlines  May 13,2 2021  [Item #1. Add 150.014(C)(5) as follows]  (5) Issuing notices of violation in conformance with statutory procedures must be delivered to the permittee and the landowner if different. It may be delivered to an occupant or person undertaking the activity. Delivery can be by hand, email, or first-class mail. It may be posted onsite. An administrator shall certify  NOV: for the file. Reason  $160D-404(a) and 160D405 requires municipalities to adopt procedure toi issue notices of violations.    OF  VILLAGE OF MARVIN  10004 New Town Road I Marvin, NC] 28173 Tel:( (704)843-1680 I Fax: (704) 843-1660  www.marvinne.org  TO: FROM:  Planning Board  Rohit Ammanamanchi, Village Planning & Zoning Administrator  SUBJECT: Discussion and Consideration ofText Amendments to Amend $151.290 to:  Require Inspector Obtains Consent of Premises Owner or an Administrative Search Warrant to Inspect Areas Not Open to the Public to Comply with $160D; and Require the Same Process for Approval when Conducting a Revocation of Development  Approval or Other Permits to Comply with NCGS $160D.  DATE: Sections Item #17. Amend $151.290 Current [Excerpt from $151.290] Redlines  May 13, 2021  [Item #17. Amend $151.290 as follows] $151.290 ADMINISTRATIVE PROCEDURES.  (A) Inspections of work in progress. As the work pursuant to a permit progresses, the Zoning Administrator shall make as many inspections of the work as may be necessary to ensure that the work is being done according to the provisions of these regulations and the terms of the zoning permit. In exercising this power, the Administrator has a right, upon presentation of proper credentials, to enter on any premises within the territorial jurisdiction at: any reasonable hour for the purposes of inspection or other enforcement action,provided. however, that the appropriate consent has been given for inspection of areas not open to the public or that an (B) Stop orders. Irrespective of all other administrative procedures contained in these regulations, whenever a building or part thereof is being constructed, reconstructed, altered or repaired in violation of these regulations, the Administrator may order the work to be immediately stopped. The stop work order shall be in writing and be directed to the person doing the work. The stop work order shall state the specific work to be stopped, the specific reasons for the stoppage and the conditions underwhich the work may be resumed.  appropriate inspection warrant has been secured.    (C) Revocation of development approvals or other permits. In addition to initiation of enforcement actions under G.S. 160D-404, developmenta approvals or other permits may be revoked by the Village of Marvin by notifying the holder in writing stating the reason for the revocation. The Village of Marvin shall follow thes same development review and approval process required for issuance oft the development: approval, including any required notice or hearing, in the review and approval ofany revocation of that approval. Development approvals or other permits shall be revoked for any substantial departure from the approved application, plans, or specifications for refusal or failureto comply with the requirements of any applicable Village of Marvin regulation or any State law delegated to the Village of Marvin for enforcement purposes in lieu of the State; or for false statements or mistepresentations. made in securing the approval. Any development approval or other permits mistakenly issued in violation ofana applicable State or local law may also be revoked. The revocation of a development or other permits approval by a staff member may be appealed pursuant to G.S. 160D-405.) Ifan appeal is filed regarding a development regulation adopted by the Village of Marvin, the owner may appeal the administrative decision to the Board of Adjustment. Reveation-ofpermis- eamiE4miaaisiortwle amngpemiaymalisinserhwwwwereNbeN Permitshalbereyohaferanysuksiantlaldepasureliom-teappvaiapPleatiom-Plamsor twww- Alesiemeiseramlvepy-twPLAypeEmENNy (D) Periodic inspections. The Zoning Administrator and each member of his or her inspections department shall have a right, upon presentation of proper credentials, to enter on any premises at any reasonable hour for the purposes of inspection or other enforcement action,provided., however, that the appropriate consent has been given for inspection ofareas not open to the public  sadiaiahalanafmeereaNs  ort that an appropriate inspection warrant has been secured.  Reasons  $160D-403(e) requires municipalities to obtain consent of premises owner or an administrative $160D- 403(f) requires municipalities to use the same process for approval when conducting a  search warrant to inspect areas not open to the public. revocation of development approval.    GROF  VILLAGE OF MARVIN  10004 New Town Road Marvin, NCI 128173Tel: (704)843-1680 1 Fax: (704) 843-1660 I www.maryinne.org  CAR  Item #18. Reserved 1-P Previously Drafted Item was. Deleted    OF  VILLAGE OF MARVIN  10004 New Town Road Marvin, NC) 28173 |Tel: (704)8 843-1680 I Fax: (704)8 843-1660 I www.maryinne.org  R  TO: FROM:  Planning Board  Rohit Ammanamanchi, Village Planning & Zoning Administrator Legislative Decisions to Comply with NCGS $160D  SUBJECT: Discussion and Consideration ofText Amendments to Amend and Add Provisions to  DATE: Sections  May 13, 2021  Item #19. Amend $151.250(D)(4) Item #20. Amend $151.250(D)()d) Item #21. Amend $151.250(D)9)h) Item #22. Add $151.250(D)  Current  [Item #19. Excerpt from 151.250(D)(4)as follows] (4) Planning Board review and recommendation. [Item #20. Excerpt from 151.2500D)0)C)1  (d) At least ten days, but not more than 25 days before the date established for the public hearing, a notice oft the proposed zoning change shall be sent by first class mail to the owner(s) of the affected parcel(s) as shown on the county tax listing and all adjacent and abutting property  owners as shown on the county tax listing. [Item #21. Excerpt romgl51250D)90)  (h) Land Use Plan consistency. Prior to adopting or rejecting the zoning map amendment, the Village Council shall adopt a statement describing whether its action is consistent with the adopted Land Use Plan and why the Village Council considers the action taken to be reasonable and in the publicinterest. The adopted statement: is not subject to judicial review.    Redlines  [Item #19. Amend $151.250(D)(4) as follows]  (4) Planning Board review and recommendation. According to North Carolina GS160D-604.all zoning amendments must be referred to the Planning Board for review and comment. The  procedures shall be as follows:  [Item #20. Amend $151.250D)(6)dd), as follows]  (a)The Village must provide posted notice during the time period running from twenty-five days prior to the hearing until ten days prior to the -AEstedayshwentmwe-hwm3Sdys --- hearing, a notice of the proposed zoning change shall be sent by first class mail to the owner(s) of the affected parcel(s) as shown on the county tax listing and all adjacent and abutting property owners as shown on the county tax listing. For romimemapamendments. the Village must provide notice not only to immediate neighbors but also to properties separated from the subject property by the subject property by street,  railroad,or othertransportation corridor. [Item #21. Amend $151.250(D)(9)0h) as follows]  (h)I Land Use Plan consistency. Prior to adopting or rejecting the zoning map amendment, the Village Council shall adopt a statement describing whether its action is consistent with the adopted Land Use Plan and why the Village Council considers the action taken to be reasonable and in the public interest. The adopted statement is not subject to judicial review. Ift the Council approves an amendment that is consistent with the plan, a note shall be made on the future land use map and it shall also be deemed amended. Additional Reasonableness Statement for Rezonings. When adopting or rejecting any petition for a zoning map amendment, a statement analyzing the reasonableness of the proposed rezoning shall be approved by the Council. This statement of reasonableness may consider, among other factors, (i) the size, physical conditions, and other attributes of the area proposed to be rezoned, (i) the benefits and detriments to the landowners, the neighbors, and the surrounding community, (ii) the relationship between the current actual and permissible development on the tract and adjoining areas and the development that would be permissible under the proposed amendment (iv) why the action taken is in the public interest: and (v) any changed conditions warranting the amendment. Ifa zoning map amendment qualifies as a "large-scale rezoning" under G.S. 160D-602(b), the governing  board statement oni reasonableness may address the overall rezoning.  [Item #22. Add $151.250(D) as follows]  (D) Refer zoning amendments to the Planning Board for review and comment; must not have governing board handle Planning Board duty to review and comment on zoning amendments. (G.S. 160D-604(C).(e).)    Reasons neighbors. periods.  $160D-602 requires municipalities to adopt procedures to expand notices beyond immediate $160D-602(c) requires municipalities to adopt procedures to post notices with specific duration $160D-604(C), (e) requires municipalities to adopt procedures to have Planning Boards review zoning $160D-604(d) requires municipalities to adopt procedures to have Planning Boards consider any plan $160D-605(a) requires municipalities to adopt procedures to adopt a brief statement describing whether the action is consistent or inconsistent with approved plans. Must not on the applicable future $160D-605(b) requires municipalities to adopt procedures to adopt a statement of reasonableness for  map amendments and comment.  adopted when making a comment on plan consistency.  land use map: is deemed amended when an inconsistent rezoning is approved.  zoning map amendments.    FOF  VILLAGE OF MARVIN  10004 New Town Road Marvin, NCI 28173 Tel: (704)843-1680  Fax: (704) 843-1660 wwwmarvinnc.org  CARO  TO: FROM:  Planning Board  Rohit Ammanamanchi, Village Planning & Zoning Administrator Certain Legislative Decisions to Comply with NCGS $160D  SUBJECT: Discussion and Consideration ofText. Amendments to. Amend and. Add Provisions for  DATE:  May 13,2021  Item #23. Amendments to. Amend and Add Provisions for Certain Legislative Decisions  Summaryo of Amendments  Must prohibit third-party down-zonings; may process down-zonings initiated by the local government Must obtain applicants/andowne's written consent to conditions related to a conditional zoning May use purely legislative conditional zoning and/or quasi-judicial special use permitting; must not use combined legislative and quasi-judicial process, such as conditional use district zoning. (G.S.  or landowner (G.S. 160D-601; S.L. 2019-111,Pt.I)  approval to ensure enforceability. (G.S. 160D-703(b); S.L. 2019-111, Pt. I.)  160D-102.) Reason  $160D-601; S.L. 2019-111, Pt. L, $160D-703(b); S.L. 2019-111, Pt. L, and $160D-102.requires  municipalities to adopt provisions for certain legislative decisions.    OF  VILLAGE OF MARVIN  10004 New Town Road Marvin, NCI 28173 |Tel: (704)843-1680 Fax: (704) 843-1660 Iwww.marvinne.org  TO: FROM:  Planning Board  Rohit Ammanamanchi, Village Planning & Zoning Administrator Quasi-Judicial Procedures to Comply with NCGS $160D  SUBJECT: Discussion and Consideration ofText Amendments to Amend and Add Provisions for  DATE:  May 13,2021  Item #24. Amendments to Amend and Add Provisions for Certain Quasi-Judicial Procedures  Summary of Amendments  Must follow statutory procedures for all quasi-judicial development decisions, including variances, special use permits, certificates of appropriateness, and appeals of administrative determinations. (G.S. 160D-102(28).) Must hold an evidentiary hearing to gather competent, material, and substantial evidence to establish the facts of the case; the evidentiary hearing must have testimony under oath; must establish written findings of fact and Board chair must rule at the evidentiary hearing on objections to inclusion or exclusion of administrative Must allow parties with standing to participate fully in the evidentiary hearing, including presenting evidence, cross-examining witnesses, objecting to evidence, and making legal arguments; may allow non-parties to present competent, material, and substantial evidence that is not repetitive. (G.S. 160D-406(d).)  conclusions ofl law. (G.S. 160D-406.)  material; suchi ruling may be appealed to the full board. (G.S. 160D-406(d).)  Reason  $160D-102(28), $160D-406, and $160D-406(d) requires municipalities to adopt provisions for certain  quasi-judicial procedures.    ROFMA  VILLAGE OF MARVIN  10004 New Town Road  Marvin, NCI 28173 |Tel: (704)843-1680 ] Fax: (704) 843-1660 I www.marvinnc.org  CA  TO: FROM:  Planning Board  Rohit Ammanamanchi, Village Planning & Zoning Administrator Quasi-Judicial Decisions to Comply with NCGS $160D  SUBJECT: Discussion and Consideration ofText Amendments to. Amend and Add Provisions for  DATE:  May 13,2021  Item #25. Amendments to Amend and Add Provisions for Certain Quasi-Judicial Decisions  Summary of Amendments  Must not impose conditions on special use permits that the local government does not otherwise have Must obtain Pplcanrs/andowners written consent to conditions related to a special use permit to ensure enforceability. (G.S. 160D-1402(k); G.S. 160D-1403.2; S.L. 2019-111,PL.I) Must set a thirty-day period to file an appeal of any administrative determination under a development regulation; must presume that if notice of determination is sent by mail, it is received on the third  statutory authority to impose. (G.S.160D-705(); S.L. 2019-111,PE.I)  business day after it is sent. (G.S. 160D-405(C).)  Reason  $160D-705(C); S.L. 2019-111, Pt. I, $160D-1402(k), $160D-1403.2; S.L. 2019-111, Pt. I, and $160D- 405(c) requires municipalities to adopt provisions for certain quasi-judicial decisions.    o  VILLAGE OF MARVIN  10004 New Town Road I Marvin, NCI 28173 Tel: (704)843-1680 Fax: (704)8 843-1660 I www.maryinne.org  CARO  TO: FROM:  Planning Board  Rohit Ammanamanchi, Village Planning & Zoning Administrator Administrative Development Approvals to Comply with NCGS $160D  SUBJECT: Discussion and Consideration ofText. Amendments to Amend and Add Provisions for  DATE:  May 13,2021  Item #26. Amendments to Amend and Add Provisions for Administrative Development Approvals  Summary ofAmendments  Must provide that development approvals run with the land. (G.S. 160D-104.) Must provide development approvals in writing; may provide inj print or electronic form; ife electronic form is used, then it must be protected from further editing. (G.S. 160D-403(a).) Must provide that applications for development approvals must be made by a person with aj property interest in the property or a contract to purchase the property. (G.S.160D-4030)) For revocation of development approval, must follow the same process as was used for the approval.  (G.S. 160D-403(f).) Reason  $160D-104, $160D-403(a), and $160D-403() requires municipalities to adopt provisions for  administrative development approvals.    ROFN  VILLAGE OF MARVIN  10004 New Town Road 11 Marvin, NC! 28173 ITel:(704)843-1680 |Fax: (704)843-1660 www.marvinnc.org  R CARO)  TO: FROM:  Planning Board  Rohit Ammanamanchi, Village Planning & Zoning Administrator Administrative Determinations to Comply with NCGS $160D  SUBJECT: Discussion and Consideration ofText Amendments to. Amend and Add Provisions for  DATE:  May 13, 2021  Item #27. Amendments to Amend and Add: Provisions for Administrative Determinations  Summary of Amendments  Must provide written notice of determination by personal delivery, electronic mail, or first-class mail to the property owner and party seeking determination, if different from the owner. (G.S. 160D-  403(b).) Reason  $160D-403(b) requires municipalities to adopt provisions for administrative determinations.    OF  VILLAGE OF MARVIN  10004 New Town Road |Marvin, NCI 28173 ITel.(704)843-1680) I Fax: (704) 843-1660 I www.marvinne.org  0  TO: FROM:  Planning Board  Rohit Ammanamanchi, Village Planning & Zoning Administrator Appeals of Administrative Decisions to Comply with NCGS $160D  SUBJECT: Discussion and Consideration ofText. Amendments to Amend and Add Provisions for  DATE:  May 13, ,2021  Item #28. Amendments to. Amend and. Add Provisions for Appeals for Administrative Decisions  Summary of Amendments  Must allow administrative decisions of any development regulations (not just zoning) tol be appealed to the board of adjustment, unless provided otherwise by statute or ordinance. (Appeals relating to erosion and sedimentation control, stormwater control, or building code and housing code violations are not made to the board of adjustment unless specified by local ordinance.) (G.S. 160D-405.) Must set a thirty-day period toi file an appeal of any administrative determination under a development regulation; must presume that if notice of determination is sent by mail, it is received on the third Must require the official who made the decision (or his or her successor if the official is no longer  business day afteri iti is sent. (G.S. 160D-405(C).)  employed) to appear as a witness in the appeal. (G.S. 160D-406.)  Must pause enforcement actions, including fines, during the appeal. (G.S. 160D-405.)  Reason  $160D-405, $160D-405(C), and $160D-406 requires municipalities to adopt provisions for appeals of  administrative decisions.    GROF  VILLAGE OF MARVIN  10004 New Town) Road 1 Marvin, NC 1317317a-00.845-160) I Fax: (704) 843-1660 I www.marvinnc,org  CARO)  TO: FROM:  Planning Board  Rohit Ammanamanchi, Village Planning & Zoning Administrator Vested Rights and) Permit Choice to Comply with NCGS $160D  SUBJECT: Discussion and Consideration ofText Amendments to Amend and Add Provisions for  DATE:  May 13, 2021  Item #29. Amendments to Amend and Add Provisions for Vested Rights and] Permit Choice  Summary of Amendments  Must recognize the default rule that development approvals/permits are valid for twelve months, unless altered by statute or extended by local rule adjusted by statute or local rule. (G.S. 160D-108(d)(2).) Must identify site-specific vesting plans (formerly site-specific development plans) with vesting for two to five years, as under prior law, except for specified exceptions. (G.S. 160D-108.1 G.S. 160D- Must recognize multi-phase developments- long-term projects of at least 25 acres-with vesting up to Must not make an applicant wait for final action on the proposed change before proceeding if the applicant elected determination under prior rules. (G.S. 143-755; G.S. 160D-108(b).)  108(d)3);-108().)  seven years, except for specified exceptions 16OD-10800X6)-O80)  Reason  $160D-108(d)2), ADABLIDIN.ONINA 9160D-108(C)d)); -108(f), $143-755, and $160D-108(b) requires municipalities to adopt provisions for Vested Rights and Permit Choice    3 a OF  VILLAGE OF MARVIN  100041 New Town Road Marvin, NCI 28173 |Tel: (704)843-1680 I Fax: (704) 843-1660 I www.marvinnc.org  HCARO  TO: FROM:  Planning Board  Rohit Ammanamanchi, Village Planning & Zoning Administrator  SUBJECT: Discussion and Consideration ofText Amendments to. Amend and Add Provisions for  Substance of Other Development Ordinances to Comply with NCGS $160D  DATE:  May 13,2021  Item #30. Amendments to Amend and Add Provisions for Substance of Other Development  Ordinances  Summary of Amendments  Must conform subdivision performance guarantee requirements with statutory standards. (G.S. .160D- 804.1; S.L. 2020-25; S.L. 2019-79 (S.B. 313), to be incorporated into G.S. Chapter 160D.) Must conform subdivision procedures for expedited review of certain minor subdivisions. (G.S. 160D- Must not require a developer, as a condition to subdivision approval, to bury a power line existing above ground and outside of property to be subdivided. (G.S. 160D-804; S.L. 2019-174.) Must exempt farm use on bona fide farm in ETJ from city zoning to the same extent it would be exempt from county zoning; Chapter 160D clarifies that other municipal development regulations may  802, established prior to G.S. Chapter 160D.)  still apply. (G.S. 160D-903(c).)  Must not exclude manufactured homes based on the age oft the home. (G.S. 160D-910.)  Must follow standardized process for housing code enforcement to determine owner's abandonment of  intent to repair and need for demolition. (G.S. 160D-1203(6).)  Reason Ordinances.  $160D- 160D-802, established prior to $160D, $160D-804; S.L. 2019-174, $160D-903(c), $160D-910, $160D-1203(6) requires municipalities to adopt provisions for Substance of Other Development Must conform subdivision performance guarantee requirements with statutory standards. (G.S. 160D- 804.1; S.L. 2020-25; S.L. 2019-79 (S.B.313), to bei incorporated into G.S. Chapter 160D.)    E OF  VILLAGE OF MARVIN  100041 New Town) Road I Marvin, NCI 28173 Tel: (704)843-1680 I Fax: (704)8 843-1660 www.marvinnc.org  H CAR  TO: FROM:  Planning Board  Rohit Ammanamanchi, Village Planning & Zoning Administrator  SUBJECT: Discussion and Consideration ofText Amendment for Adding Marvin Gardens to the  List of] Existing Individual Conditional Districts  DATE: Section $151.092 Current  May 13, 2021  The following Individual Conditional Districts are established:  (A) ICD - Courtyards at Marvin; and (B) ICD - Amber Meadow.  Redlines  The following Individual Conditional Districts are established:  (A) ICD - Courtyards at Marvin,and (B) ICD - Amber Meadow; and (C) ICD - Marvin Gardens.  New Text  The following Individual Conditional Districts are established:  (A) ICD-C Courtyards at Marvin, (B) ICD -A Amber Meadow; and (C) ICD - Marvin Gardens.  Reason  Marvin Gardens was approved as an Individual Conditional District in 2016    VILLAGE OF MARVIN  10004 New Town) Road  Marvin, NCI 28173 |Tel: (704)843-1680 IE Fax: (704) 843-1660 I www.marvinnc,org  CAR  TO: FROM:  Planning Board  Rohit Ammanamanchi, Village Planning & Zoning Administrator  SUBJECT: Discussion and Consideration ofText Amendment to correct ai typographical errori in  $150.103 LAND DEVELOPMENT PERMITS.  DATE: Section $150.103 Current  May 13,2021  (B) On approved copy shall be returned to the applicant. The second copy shall be  retained by the Village Administrator.  Redlines  (B) One approved copy shall be returned to the applicant. The second copy shall be  retained by the Village Administrator.  New' Text  (B) One approved copy shall be returned to the applicant. The second copy shall be  retained by the Village Administrator.  Reason Typographical Error    VILLAGE OF MARVIN  10004 New Town Road 1 Marvin, NC 28173 Tel: (704)843-1680 I Fax: (704) 843-1660 www.marvinne.org  TO: FROM:  Planning Board  Rohit Ammanamanchi, Village Planning & Zoning Administrator  SUBJECT: Discussion and Consideration ofText Amendment to correct a typographical error in  $151.054. ACCESSORYUSES AND STRUCTURES.  DATE: Section $151.054 Current setbacks: Redlines setbacks: New Text setbacks: Reason Typographical Error  May 13, 2021  (E) Swimming pools. A swimming pool shall be considered an accessory use. (1) Swimming pools shall be locate in the rear yard and shall have the following  (E) Swimming pools. A swimming pool shall be considered an accessory use. (1) Swimming pools shall be located in the rear yard and shall have the following  (E) Swimming pools. A swimming pool shall be considered an accessory use. (1) Swimming pools shall be located in the rear yard and shall have the following    OF  VILLAGE OF MARVIN  100041 New Town) Road Marvin, NCI 128173 |Tel: (704)843-1680 IF Fax: (704) 843-1660 I www.marvinnc,org  CAR  TO: FROM:  Planning Board  Rohit Ammanamanchi, Village Planning & Zoning Administrator  SUBJECT: Discussion and Consideration ofText Amendment to correct the title of $151.152 to read SUBDIVISION ENTRYWAY SIGNAGE, MONUMENTS AND APPURTENANCES."  DATE: Section $151.152 Current DISTRICT. Redlines  May 13,2021  $151.152 SIGNS PERMITTED IN CC COMMERCIAL DISTRICT AND MX MIXED-USE  $151.152 SIGNS-PERMIFTED-IN-CC-COMMERCIALDISTRICTAND-MX-MIXED-USE DISTRICT-SUBDIVISION ENTRYWAY SIGNAGE, MONUMENTS AND  APPURTENANCES. New Text APPURTENANCES. Reason  $151.152 SUBDIVISION ENTRYWAY SIGNAGE, MONUMENTS AND  Title was recorded incorrectly.    VILLAGE OF MARVIN  10004 New Town) Road IN Marvin, NC 28173 Tel: (704)843-1680 I Fax: (704) 843-1660 I www.marvinne.org  H CAROY  TO: FROM:  Planning Board  Rohit Ammanamanchi, Village Planning & Zoning Administrator  SUBJECT: Discussion and Consideration ofText Amendment to clarify dwelling allowances in $151.049(A) ONE PRINCIPAL BUILDING and 151.054(F) ACCESSORY USES AND STRUCTURES.  DATE: Section $151.049 and $151.054 Current $151.049  May 13, 2021  (A) In any single-family residential district, one single-family dwelling or one mobile home and accessory structure(s) shall be permitted on a single lot (except as permitted under S 151.052(A))  which meets at least the minimum requirements of this chapter.  $151.054  (F) Accessory use dwellings. Accessory use dwellings shall be subject to the issuance of a conditional use permit by the Village Council and shall be in accordance with the following criteria.  Redlined $151.049  (A) Ina any single-family residential district, one single-family dwelling or one mobile home and accessory structure(s) shall be permitted on a single lot (except as permitted under S 151.052(A)) which meets at least the minimum requirements of this chapter. One Accessory Dwelling Unit ttached to the principal dwelling unit is allowed per $151.054(F), but detached dwelling units are  not allowed.    OF  VILLAGE OF MARVIN  10004 New Town Road I1 Marvin, NCI 28173 Tel: (704)843-1680  Fax: (704) 843-1660 www.maryinne.org  CAR $151.054  (F) Accessory-wse dwellings unit. Accessory-use dwellings units shall be subject to the issuance of ac conditional use permit by the Village Council and shall be in accordance with the following criteria.  New Text $151.049  (A) In any single-family residential district, one dwelling or one mobile home and accessory structure(s) shall be permitted on a single lot (except as permitted under S 151.052(A)) which meets at least the minimum requirements of this chapter. One Accessory Dwelling Unit attached to the principal dwelling unit is allowed per $151.054(F), but detached dwelling units are not allowed.  $151.054  (F) Accessory dwelling unit. Accessory dwelling units shall be subject to the issuance of a conditional use permit by the Village Council and shall be in accordance with the following criteria. Application ofthe 160D-required definitions ofl Dwelling and Dwelling Unit must match the intent oft the Planning Board and Village Council, which is to continue allowing one primary dwelling unit, and one attached dwelling unit by Conditional Use Permit but not allow detached dwelling units. NOTE: Instances of"CUP" and "Conditional Use Permit" in $151.054 shall be considered for amendment to "SUP" and "Special Use Permit" in a different Text. Amendment, as required by 160D.  Reason    GEOF  VILLAGE OF MARVIN  10004 New Town Road Marvin, NCI 28173 |Tel: (704)843-1680 IF Fax: (704)8 843-1660 I www.marvinnc.org  TO: FROM:  Planning Board  Rohit Ammanamanchi, Village Planning & Zoning Administrator  SUBJECT: Discussion and Consideration ofText Amendment to cause the guidance in the Roadway  Median Landscaping section to instead be regulation.  DATE: Section $151.046(H)(2) Current  May 13,2021  2) Roadway median landscaping.  (a) The following information is to be used as general guidelines for designing parkway medians. It is intended for use as a resource to develop median designs. Several recommendations are subjective in nature and may require modification to fit median openings, width or stopping site distances. It is important that significant deviations from the guide be based on operational experience and objective engineering analysis. These guidelines do not pertain to the design of (b) Landscape elements within a median should include shade trees, ornamental trees, shrubs, low-growing evergreens, perennials, grasses and groundcovers. Species shall be heat and  bioswales. drought tolerant.  Redlines  (2) Roadway median landscaping.  (a) The following information is to be used as general guidelinesregulation for designing parkway medians. BieintendedoruseaseaserReoupelpdeveeopmediandesgne Several cmmemsaloareguhatons are subjeetivegeneric in nature and may require modification to fit median openings, width or stopping site distances. Iti is important that significant deviations from the- guidethis section be based on operational experience and objective engineering analysis. These (b) Landscape elements within a median shouldshall include shade trees, ornamental trees, -hrubs, low-growing evergreens, perennials, grasses and groundcovers. Species shall be heat and  guidelinesregulations do not pertain to the design of bioswales.  ought tolerant.    VILLAGE OF MARVIN  10004 New Town Road I1 Marvin, NCI 28173 Tel: (704)843-1680 IF Fax: (704) 843-1660 I www.marvinnc.org  RO  New Text  (2) Roadway median landscaping.  (a) The following information is to be used as general regulation for designing parkway medians. Several regulations are generic in nature and may require modification to fit median openings, width or stopping site distances. Itis important that significant deviations from this section be based on operational experience and objective engineering analysis. These regulations do not (b) Landscape elements within a median shall include shade trees, ornamental trees, shrubs, low-growing evergreens, perennials, grasses and groundcovers. Species shall be heat and drought  pertain to the design of bioswales.  tolerant. Reason  Manager pointed out that no ordinances should be guidelines, and should be regulations.    T-em E.3.  Village of Marvin North Carolina  DATE: June 1,2020  TO:  Mayor and Village Council  FROM: Rohit Ammanamanchi, Planning/Zoning Administrator  SUBJECT: TUP #21-12659 Temporary Construction Office Trailer for Marvin Village Hall  Actions Requested by the Village Council  The Village Council ist requested to consider an application submitted by' Tyler Helms of Randolph & Sons Builders for a' Temporary Use Permit to allow: for a temporary Construction Office Trailer tol bel located ont the site ofMarvin  Village Hall, 10006 Marvin School Road.  Analysis  One Construction office (20'x8')willl be placed oni thes site oft thel Marvin Village Hall for thej purpose offacilitating construction. Trailers are permitted to be used as a construction office, provided that the structure is removed at the end oft the development period. Iti is anticipated that the trailer will be removed before the completion of the The proposed trailer will be located where the parking loti is planned, approximately 30 from the nearest property line and over 200' from the nearest house, and the temporary use ist typical for ai residentially zoned development. Before issuing any temporary use permit, the Village Council shall make the following findings: 1. The proposed temporary will not materially endanger the public health, welfare and safety; 2. The proposed temporary use will not have a substantial negative effect on adjoining properties; and 3. The proposed temporary use is in harmony with the general purpose and intent of the ordinance and A temporary use permit for construction trailers is valid for six months as per $151.051(B). The permit may be renewed for a period of time as determined by the Village Council, provided the construction has proceeded in a  development, estimated in Winter 2021.  preserves its spirit.  diligent manner. Recommendation  Staff recommends Approval oft the Temporary Use Permit to allow a temporary office trailer at the new 1. The Temporary Use Permit shall expire on. December 8, 2020, unless an extension is applied 2. Lighting shall bei in conformance with the Marvin Light Ordinance and shall be directed away  Marvin Village Hall site, subject to the following conditions:  for and received prior to the expiration date. from any single family homes.  Attachments: Application Site Plan Aerial Map    F  VILLAGE OF MARVIN  100041 New Town Road] I Marvin, NCI 28173 Tel: (704)8 843-1680 I Fax: (704) 843-1660] www.marvinnc.org  &  Application Number: 21-12659  APPLICATION FOR TEMPORARY USE PERMIT Please see Page 3 for instructions.  Address of Subject Property:  j0006 Mrvinsschool Road  Applicant(s) Name: Tyler Helms Address of Applicant: 10/0 Culp Road  Phone: 704-207-5743 FAX: Zip Code: 2.8134  Pineville  Email: tyler Cyadphblld.am  Company Name: Roudolph &Sos Bulders (If applicable) Mwrvin Vllage Hall  (lFapplicable) Subdivision Name:  Lot#:  Tax Parcel Numbers: 06-225340A  Request jsfor (check all that apply):  Construction, Sales and Storage Trailers Charitable/Civic Sales Event Public Event Residential -Disaster Rebuild  Event at Marvin Efird Park Multiple Family or Community Wide Sale Yard Sale in Commercial Corridor District  Renewal / Other  Description: Please provide a description of your proposed use.  Coiuchon DARice Trailer for H-Ioghnuchn   Macyn Village Hall  Continued    APPLICATION FOR' TEMPORARY USE PERMIT-PAGE2  Determinations: Please provide a response to the following determinations.  1. The proposed temporary use) will not materially endanger the public health, welfare and safety;  Jes Construchon loned Gout bldg,  for one Desientally  from any heuse  Ty  2. The proposed temporary use will not have a substantial negative effect on adjoining properties; Yes. Distane ree buffers, and adlercuce fo hmes of conshuction will pokct adjolinyenpuh 3. The proposed temporary use is in harmony with the general purpose and intent of the ordinance y6 (onskuchos Afices typical for deycloprehs and kself will uot add ED Ony dsducbace.  and preserves its spirit.  Oath: The above information, to my knowledge and belief, is true and correct. Any violation of an  approved temporary use permit may be grounds for its revocation.  Applicant Signature: phk  Date: Gefal  Office Use Only (Disapprove) this permit.  To the best of my knowledge, this application is complete. Based on such information, I hereby  (Approve) or  Conditions:  Council Approval Date: Zoning Administrator:  Date:  Revised Applicationf 5/8/2013 forT Temporary Use Permit    APPLICATION FOR' TEMPORARY USE PERMIT-F PAGE3  A. Application  All applications must include a written description of the request. Please include a description oft the proposed use or event, duration ofuse, hours of operation, number of! people expected to attend, or participants, sanitation facilities, traffic and pedestrian flow, security and emergency services, noise All applications must include a detailed site map ofthe property. For construction, sales and storage trailers, a scaled dimensional site plan prepared by ai registered land surveyor or engineer shall be required. All other requests may use a. hand drawn site map. Please include location of structures and proposed temporary: structures, distances from property lines, traffic and pedestrian flow, parking areas, locations ofbooths or concessions and other activities, sanitation facilities, etc. A: fee shall be submitted in accordance with the Fee Schedule adopted by the Village Council. The following temporary use permits may be approved by the Zoning Administrator: Charitable or Civic Sales, Yards Sales int the Commercial Corridor District and Muli-family/Commmily Wide Sales and Events at the Marvin Efird: Park with less than 30 persons. All other temporary use permits shall require approval from the Village Council after aj public hearing has been held. Before issuing any temporary use permit, the Zoning Administrator and/or Village Council shall  and lighting and any other details pertinent to the proposed use or event.  B. Approvals  make the following determinations:  1. Thej proposed temporary use will: not materially endanger the public health, welfare and 2. The proposed temporary use will: notl have a substantial negative effect on adjoining 3. The proposed temporary use is in harmony with the general purpose andi intent oft the  safety; properties; and  ordinance and preserves its spirit.  The. Zoning Administrator or Village Council may authorize conditions regarding duration oft the use, hours of operation, signage, lighting, temporary structures and the like and the conditions shall be made part oft the temporary use permit issued. The applicant shalll bei responsible for acquiring any permits required by other local, state or federal agencies prior to the issuance of the temporary use The decision oft the Village Council or Zoning Administrator may be appealed by the applicant to the  permit by the village.  Village Board of Adjustment as provided fori in SS. 151.230 through 151.237.  C.P Public Notice  Those permits requiring Village Council approval shall be subject to the Public Notice requirements set forth by $151.051. Notices shall be sent by the Village by first class mail to the applicant, and to owners ofall contiguous pieces of property or any property owner within 200 feet oft the subject property, at least ten days prior to the public hearing. The: notice shall indicate the nature oft the public Additionally, ai notice shall be posted by the Village Clerk at the Village Hall at least ten days prior to the public hearing. A sign shall also be placed on the subject property atl least ten days prior to the  hearing and the date, time and place at which it is to occur.  public hearing. Applicationf Revised 5/8/2013 for Temporary UseF Permit    at  : MREITTTTT4.    3        Llem I. a.  OF  VILLAGE OF MARVIN  10004 New Town Road Marvin, NCI 28173 ITel: (704) 843-1680 I Fax: (704) 843-1660 www.marvinne.org  H CARO  TO: FROM: DATE: Current  Mayor and Village Council Christina Amos, Village Manager  SUBJECT: Solid Waste and Recycling as a Municipal Service  June 3, 2021  At the previous Council meeting, components of the potential solid waste contract were discussed. The Town of Weddington and' Village of Marvin have been working together inj presenting the attached summary of vendors' responses to the RFP including costs and options. Attached you will find the overall summary oft the RFP for solid waste services. Active is the apparent lowest bidder but as set forth in the RFP selection is based on several factors including proposer' 's background and past performance; proposed operations; proposed program implementation, customer outreach and relations; and total system price. Itis highly important Council reviews these documents before the meeting as we will discuss the selected vendor and what options for  ervices will make up the contract awarded.  Requested Action  Discussion and Consideration of Solid Waste and Recycling Options for Service as Municipal Service AND Direct Manager to Negotiate with Selected Vendor Expected to. Award Contract at Next Meeting AND Proceed  with Implementing Prol Rated Solid Waste Utility Fee effective July 1, 2021.    MARVIN ONLY 10.22 $ 5.50 $ 14.71 $  Weekly Household Weekly Recycling Per BiWeekly Recycling TOTAL  TOTAL 20.97 $ 13.70 31.29 $  (with 19.25 11.70 26.12  Per unit/ per month Unit/Per Month  Per Unit/Per Month (with! WEEKLY Recycling) Blweekly Recycling)  Waste Connections $ Active Waste Pro  10.75 $ 8.20 $ 16.58 $ Add On: Bulk Unit/PerM Month 3.34 $ 1.25 $ 3.37 $ Per Monthly 6.42 $ 3.00 $ 10.29 $  8.50 $ 3.50 $ 9.54 $  $ $  BiWeekly Bulk Per Monthly Bulk Per 2x Year Bulk Per  Vendor Waste Connections $ Active Waste Pro  Unit/ PerN Month $ $ Add On:) Yard! Waste Weekly Vendor Unit/ /PerMonth Waste Connections $ Active $ Waste Pro $ Per Unit Per) Year Add On: Paint/Oil Vendor 1x/Year Waste Connections na Active $ Waste Pro $ Perlinit Per Year Add On: Christmas Trees Venuur 1x/Year Waste Connections na Active $ Waste Pro $ Per Unit Per) Year Add On: Electronic Vendor 1x/Year Waste Connections $ Active $ Waste Pro $ Per Unit Per Year Add On: Curb Side Whiteg goods Collection Vendor 1x/Year Waste Connections $ Active $ Waste Pro $ Per Unit Per Year Add On: Municipal Spec. Logos on7 Trucks Vendor Waste Connections na Active Waste Pro Per Unit Per Year Add On:L Logos on7 Trash and Recyl. Cans Wasus connections $ Active Waste Pro  Unit/ /Per Month 3.12 $ 1.00 $ 3.04 $  2.80 0.50 3.27  0.54 0.25 0.86  Monthly costs na 20,000.00 $ 1.27 $  1,666.67 0.11  Monthly Costs na na 4.80  0.4  Monthly Cost 1.98 $ 2.00 $ 4.80 $  0.17 0.17 0.40  Monthly Cost 1.98 $ 0.25 $ 3.84 $  0.17 0.02 0.32  Per Truck Price $ $  1,500.00 809.00  Per Unit Price > $  2.25    Weddington Only  TOTAL TOTAL (with WEEKLY (with Blweekly Recyrling) 7.92 $ 19.82 $ 3.50 $ 13.70 $ 6.26 $ 18.82 $  Vendor Waste Connections Active Waste Pro Vendor Waste Connections Active Waste Pro Vendor Waste Connections Active Waste Pro Per unit pery year Vendor Waste Connections Active Waste Pro per unit per year Vendor Waste Connections Active Waste Pro Per unit per year Vendor Waste Connections Active Waste Pro Vendor Waste Connections Active Waste Pro Vendor Waste Connections Active Waste Pro Vendor Waste Connections Active Waste Pro  Weekly Household Weekly Recycling BiWeekly Recyclin Recycling)  $ $  10.32 $ 8.20 $ 10.36 $ Add On: Bulk BiWeekly Bulk Monthly Bulk $ 2.54 $ $ 1.25 $ $ 3.59 $ Add On: Yard Waste Weekly Monthly Cost $ 5.98 $ $ 3.00 $ $ 6.07 $ Add On: Paint/Oil 1x/Year na $ $ Add On: Christmas Trees 1x/Year na $ $ Add On: Electronic 1x/Year $ $ $ 1x/Year $ $ $  9.50 $ 5.50 $ 8.46 $  18.24 11.70 16.62  2x) Year Bulk 2.14 $ 1.94 1.00 $ 0.50 2.49 $ 2.74 0.50 0.25 0.51  Monthly Cost na $ $  3.48  1.26 $ 2.00 $ 4.32 $  0.11 0.17 0.36  Add On: Curb Side White goods Collection  1.26 $ 0.50 $ 3.12 $  0.11 0.04 0.26  Add On: Municipal Spec. Logos on Trucks  Per Truck Price na $ 1,500.00 $ 809.00  Add On: Logos on Trash and! Recyl. Cans  Per Unit Price $ $  2.05    w  3  3  *  5      n    3            Ttem T.4.  - < A  0  K Z A  S  M O @    le l  a  mangnonon 0030900900 a0000n0000 0000000000 0000nc0onn  la Q  I  E la  G  a 0) B    D  AA4 SE CGGN  10 la  C  a  e    S  I  > 3 la la o 8    N  N  lo @ ) - n 3 o C O à lo    de        1*  4 0  o U 3  D) E d @ =    @ C 4 O  5 f    o N  @        @ O 1 o a + 3 n 3 E lD A  S    0  4  9    -  9 y w a 1 : d a U    a  o a N  o a u 3  C I @    :  n    -  U a la E @ : M 5 E D o I    5 9    @ P 5 C a E o    16  E  U    a  5 o o 3 8          06.02.21 QU/5O  pmc I Village of Marvin, NC Marvin Village Hall  Tog  lem  aly Uni's 684.00 $ 942.00 180.00 600.00 200.00 SUBTOTAL 863.40 $ 530.92 $ SUBTOTAL $ 1,150.45 $ 423.50 $ 236.50 SUBTOTAL 1,371.00 $ 423.50 $ 236.50 * 208.19 898.00 SUBTOTAL $ 3.326.40 $ 423.50 $ 236.50 208.19 SUBTOTAL $ 3,928.80 $ 423.50 $ 236.50 $ 325.27 $ 942.00 SUBTOTAL $ 530.92 $ SUBTOTAL $ 732.16 $ 17,400.00 $ 1,553.38 164.50 275.50 SUBTOTAL 895.00 $ SUBTOTAL $ 215.00 SUBTOTAL $ PRODUCT SUBTOTAL $ Delivery /inslallation ("'Eslimaled) $ Freightf fromo allr manufaclurers ("Estimaled) $ PROJECTS SUBTOTAL $ Solest tax (6.75%N Marvin, NC)! ("'Estimated) $  Exis 2,052.00 942.00 360.00 1,200.00 400.00 4,954.00 863.40 4.247.36 5,110.76 1,150.45 423.50 709.50 2,283.45 5,484.00 2,964.50 2,838.00 416.38 898.00 12,600.88 3.326.40 423.50 473.00 208.19 4,431.09 3.928.80 423.50 946.00 325.27 942.00 6,565.57 6,371.04 6,371.04 8,785.92 17,400.00 1.553.38 8,225.00 551.00 36,515.30 1,790.00 1,790.00 2,150.00 2,150.00 82.772.09 Please nole: 7,809.00 hony Means 600.00 lemntpplatuste depoliatl, 3.299.16 94,480.25 6,154.72 srjuplisel  Leadlime( ("Eslimaled)  llem noles  FRONTI LOBBY JSIF Finnl Lounge Chair JSlFinns Sofa Tablel TBD RugT TBD LampT TBD PUBLIC MEETING ROOM 48x86A AISC Calibratel Toble ViaP Proform HighE Back RECEPTION/ADMIN. AIS Calibratel ReceptionD Desk AISD DevensT Task Choir Source Cache Guest Chair PRIVATE OFFICE AISL-Shaped! Desk AISD DevensT Task Chair Souce Cache Guest Chair MooreCo 2x3V WhileE Board SAFCOF RangerF Planner Table CITY CLERK OFFICE AISDesk AISDevens Task Chair Source Cache Guest Chair MooreCo2x3V White Boord ADMINSTRATOR OFFICE AISD Desk andA Meetingl Table AISDevensT Task Chair Source Cache Guest Chair MooreCo3 3x4V White Board JSIFinnSofa CONFERENCE ROOM ViaProlormHight Back CHAMBERS ViaF ProformExeculive! HighE Back Unique Concepls Dais w/F Power Enworkz Zoric Command Center Sourcel HallO Chairs w/o Arms Source Chair Cart! (Slacks6High) BACKLOBBY JSIFINN3SeatB Bench PATIO PolywoodB Black Rocking Chair  FinishesT TBD FinishesT TBD NeedT ToReselect NeedT ToSelect Need ToSelect  Black/ Adjustable Arms andB Base Only3Fitint thes space Other Officest tok keepe existingf furniture Includingo allo offices Onlyf forn newd deskf furnitured offices. Plannerc andF Finance Officesonly Onlyf for Cily Planner Office  Includes Grade. ATackboard Stillr needt tot testf fitino offices space.  12  HalfH Hexagon-Seats) 12.F FinishesT TBD LaminateF Finishs Selectionl TBD Grade A: Seat Upholstery (Vinyl)  50 2 2 10 $  Design, Spaceplanning. Receiving. Project Management (Estimated) $  PROJECTTOIAL $ 100,634.97    Tem I.S.  OF  VILLAGE OF MARVIN  10004 New Town Road  Marvin, NCI 28173 |Tel: (704)843-1680 IF Fax: (704)8 843-1660 I www.marvinnc.org  CAROY TO:  Mayor and Village Council  FROM: Rohit Ammanamanchi, Village Planning & Zoning Administrator  SUBJECT: Discussion and Recommendation of Sketch Plan for the Estates at. Marvin Branch Subdivision  DATE: June 2, 2021 Background  Jones Homes USA has submitted an application for a major subdivision of 161 homes. The subject property isa2 28.48 acre property on. Joe Kerr Road, across from Elysian Fields/Helaina Court, and adjacent to Wandering Way Drive in Marvin Creek. Iti isj just 4-mile east ofl Marvin Road, and bordered by the Marvin  Branch to the west and Six-Mile Creek to the north.  6770    s  VILLAGE OF MARVIN  10004 New Town Road Marvin, NCI 281731 Tel: (704) 843-1680 Fax: (704)8 843-1660 1 www.maryinnc.org  CAR Analysis  Existing Land Use Vacant, Field  Zoning Designations R-Marvin Residential R-3 Charlotte-Mecklemburg R-Marvin Residential R-Marvin Residential R-Marvin Residential  Subject Property North South East West  Residential/Wetland (Ardrey Chase) Residential/Unbuilt (Elysian Fields) Residential (Marvin Creek) Residential/Farm (Brantley Farm)  General: The subdivision application is for 161 homes on 28.48 acres, yielding a density of0.56 units/acre. There is 37% conservation area, and the subdivision is designed per the conservation/large tract standards in $151.081. This allows 20% oft the lots to be at least 25,000 s.f. and the remaining lots to be at least 30,000 Greenways: A greenway easement will connect the future Six-Mile Creek greenway to the north, the Marvin Creek Sidewalk if desired by their HOA, and the Elysian Fields Green way to the south. There will bea Tree Preservation: There is near-zero tree disturbance as the property is currently a pasture. A tree perimeter exists on site which will not be disturbed, and less than 10 trees would need to be removed in the middle area ifa any. Trees must be planted around Lot 161 to seclude it from view and maintain the minimum tree density oft the perimeter buffer (1 tree per 2,500 s.f. i.e. 1 tree per 100 linear feet oft the 25' wide buffer).  s.f.  sidewalk in: front of all houses.  With the intended tree planting, mitigation will be more than satisfied. Lot Characteristics: The lot characteristics are as follows:  50' front yad setback 20' side yard setback 75' rear yard buffer  On the east side, the 25' tree perimeter buffer isi incorporated into the properties as permitted in $93.22(C)(3). On the west and north, the buffer is outside the lots, at the edge oft the property. Lot sizes ranging from 29,662 s.f. to 39,903 s.f. with 1/16 lots being between 25,000 - 30,000 s.f. (6%)  130' minimum lot width at building front 50' minimum road frontage  Drainage: There will be no underground pipes, as the natural property grading lends itself to drainage sheet- flow into the creek and branch. In addition, the development is less than 24% impervious surface, SO Water and Sewer: This development will utilize Union County Water and Sewer. The sewer will flowinto  stormwater detention facilities are not required.  Mecklenburg County, thus avoiding the current sewer capacity issues in Union County.    VILLAGE OF MARVIN  10004 New Town Road I Marvin, NCI 28173 |Tel: (704)843-1680 I Fax: (704) 843-1660 I www.marvinnc.org  H CARO  Viewshed: There is a requested exemption to reduce the viewshed buffer to 85' on the east side oft the: main cul-de-sac while having a 285' viewshed on the west side. This request is allowable through the subdivision process with a proven hardship per $151.081(E)C)a). Elysian Fields was designed in the same way, with an 85' buffer on the east side of the road and a greater-than minimum viewshed on the west side of the road. The developer of] Elysian Fields petitioned to the council the hardship that the 200' DEQ buffer reduced the In order to receive this exemption, the Lots 15 and 16, which would liei in the reduced viewshed must be  buildability on the west side, and was granted that exemption.  sheltered from view oft the neighbors and road per the same ordinance above.  Other agency notes (not required at this step):  NCDOT: May require ai right turn lane west bound on. Joe Kerr Road NC: DEQ: 200' buffer on both North and West borders are satisfied  Union County Public Schools: The subdivision would add approximately 16 schoolkids Pre-K-12 Public Involvement Meeting: Approximately 9 people attended each oft the on-site portion and the Village Hall portion on May 5, 2021. Questions posed included tree preservation, rear buffers on the side adjacent to Marvin Creek, greenway alignments, road curvature, house model information, traffic, and school impact. Most residents were satisfied to the answers to their questions. Some comments caused revisions to the plans, most significantly ai revision to the road alignment to allow an increase in rear buffer from 40' to' 75' Conclusion and Next Steps: The subdivision plan meets or exceeds all relevant ordinances, however the viewshed exemption must be discussed. Having both PR&G Board and Planning Board recommendation for approval as presented, the Village Council will deliberate and vote on1 the sketch plan. Ifapproved, the applicant willl be permitted to proceed to the construction plan phase, which will involve the review oft the Village Engineer, other pertinent agencies, and the vote of] Planning Board and Council once again. Finally, the Final Plat would then be voted on by Planning Board and Council. The approximate timeline for all  on all lots.  approvals, barring unforeseen roadblocks is early 2022.  Attachments: Sketch Plan  Public Involvement Meeting Notes    mmlasl  lit  7 - -    LandDesign CREATING PLACES THAT MATTER. May 5lh, 2021  Rohit Ammanamanchi Village of Marvin Planning Director 10004 New Town Road Marvin, NC  RE: The Estates at Marvin Branch Public Information Meetings  Two Public Information Meetings were held on May 5th, 2021 to discuss the Sketch Plan application for the proposed development, The Estates at Marvin Branch. The first meeting was held on-site from 2:00-4:00pm and the second meeting was held in person at the Village of Marvin Town Hall Below is a summary of questions, comments, and responses that came out of both meetings. 1. Will the existing treeline along Marvin Creek be preserved? Yes, no disturbance to the existing 2. Why are there no lots oni the western edge of the spine road for the majority of the length. Due to the presence of the 200-foot undisturbed buffer, no building pads for homes can be located 3. What are the school impacts for this subdivision? A subdivision of this type is about 0.95 students per household with an overall estimate of 16 students for this development. All students would fall in Marvin ES, Marvin Ridge MS, and Marvin Ridge HS. 4. Are there any improvements to Joe Kerr Road proposed or will the speed limit be reduced? NCDOT at most will require a right turn lane into the site westbound. The speed limit on Joe 5. What are the price points for the homes? Homes will start more than likely no lower than $850,000 and up with comparable products found in the Falls of Weddington. 6. Can the site be gated? No, Marvin will not permit a gated neighborhood.  as well as virtually via WebEx.  treeline is proposed. within that buffer.  Kerr Road is posted as 35 MPH and will not be lowered.  7. Will there be a homeowner's association, dues? Yes, this subdivision will have its own homeowner's association. Dues have not been set at this time as we are just too early in the  permitting process for the subdivision to make that determination.  LANDDESIGN.COM    8. Will there be an amenity site for this subdivision? No, the size of the subdivision is too small to support the cost associated with a clubhouse and pool package. The walking trails will 9. Can the road alignment be reconfigured in order to move west or angle further west? NCDOT is going to require that the road alignment align with the centerline of Helaina Court. Minimum tangents and radii are proposed in order to maximize lot area east of the road. 10. Will there be a stormwater pond? No, the intent is to provide a low-density stormwater plan that maintains the impervious cover under 24% in order to utilize natural conveyances for water 11. Will any lots be placed on septic? No, alll lots will be provided public water and sewer. 12. Will the greenway be constructed by the developer? Yes, the developer has committed to constructing the portion of the greenway on site and stubbing outt to adjacent properties in order 13. Will there be an entry feature or fountain? Yes, there will be some sort of entry feature, but 14. Will the houses be largely all brick? Yes, the homes are largely brick masonry with accent 15. What is the timetable for full buildout? From the start of construction, full build-out would take about three years as it takes at leasti four months to buildt the road and each home takes twelve 16. What basin would sewer flow into? Union County lines flowing into Mecklenburg County. 17. Who would provide Power and Internet? Union Power for electric. Windstream and Spectrum 18. Will there be any homes located in the floodplain? No, homes are not permitted to be located 19. Are any of the homes three stories in height? No, all homes are two stories or less. Some 20. What is next in terms of permitting? The Planning Board will give their recommendation on the Sketch Plan at the May 18th meeting. The Village Council will vote on the project on June 8th.  provide the only amenity fort this project.  quality and avoid the need for detention.  to make connections to future trail systems. that is stilli in the design phase at this time.  materials.  months to build.  for Internet.  within the floodplain or the 200-foot undisturbed tree buffer.  have false dormers.  LANDDESIGN.COM    TtemI.  OF  VILLAGE OF MARVIN  10004 New Town Ruad Marvin, NC: A173-TAA.PDNA-IGN, Fax: (704)843-1660 wwwmarvimnearg  H CARO  Volunteer Application for Advisory Boards  DOARDAPPIYINGFOR: Planning Board Name: Kcnneth. J.N Marino Address: 1005 Baltusrol Lane Subdivision: Firethorne Years as resident of Marvin: 17+  (Planning Board/DRB, PR&G Board, and Board of Adjustment)  Are you a resident ofMarvin? Yes  Phone: 610 202-2503  Oflice/cell:704 348-5343 Fax: 7043485200 kcmehasriNew.com  Education: JD  Occupation: Lawyer  Please list your arca(s) oft Expertise and Intercst/Skills and describe how your background will benefit the Board: lhave becn a practicing lawyer since 1982 and II have cxtensive experience in busincss,  banking and commercial and residential real estate law  Brielly describe thc community planning issuc that concerns you the most:  am  open mind and no sct adgenda,  Ircally coming to this with an  How would you propose addressing the issuc that concerns you the most? Lwill look at cach issue  without any pre-conccived notions or agenda ofany kind.  fairly and  What is your long term vision for the Village of Marvin? I want the village to manage  for the benefit ofa all ofi its residents.  growth. responsibly and  The various Boards meet cach month, usually int the evening. Participation is important to cstablisha quorum for the mectings. Will you bc able toj participate in the majority of the mcetings? Yes    *The applicant understands and agrees thal he oP she must submil the prescribed. Stalemen! ofEconomic Interes! and Code of Ethics Forms with this application. All information provided in the Forms are considered a matler ofpublic record and is therefore. subject lo disclosure and copying uponrequest,  Date: June2,2021  Signature: Aoun far  Note: Information provided in this application is considered a matter of public record. It bes subject to disclosure upon request pursuant tol North Carolina' s Public Records Law. may,  therefore, N.C.G.S.,  Section 132-1, et seq. 1660, clerkmarvimnc.or.  Return to: Village Clerk, Village of Marvin, 10004 New Town Rd, Marvin, NC28173, Fax: 704-843-  FOR OFFICE USEONLY: Date Received:  Revised 06/2020    Statement of) Economic Interest Form  Instruction Pamphlet & Delinitions Villagec ofl Marvin 1100047 New'T Town Road Marvin, NC28173Phone: (704)843-1680 Website: www.marvinnc.org  Ina an effortt tos support andp preserve transparent government, all applicable scctions oft thisf form must be completed tof fulfll your cthics obligation. Plcase note that disclosure ofinformation docs not, necessarily equatet toas conflict ofc cconomic interest; nor docs the merc disclosure fling of  information preclude ani individual from.participatingin; public office, orap position ofc employment.  A. APPLICANT'S INFORMATION (First, Middle, Last)  Prefix First Name MR  Middle Name Tohw  Last Name Marn  Suffix  Korvel,  B. PURPOSE! FORI FILING (Check: ando complete thec designations that applyl below  B Employment Position (Specify position) DV Village Council (Specify Mayorc or Council)  fl-Advisory Board or Committcc (Name applicableboard)  * Plano) Appointed Officer (Specify Office)  ON Mayor  DG Council  ON/A  EMPLOYMENT INFORMATION Current Employer (Complete anyt thata apply.) Codwralin Nature ofEmployer's Business Law Frer D. CONTACTINFORMATION Mailing Address (Required) Home Address  JobTitle Sons  AHornz  City Wagkw City  State MC State  Zip 02177 Zip  P/0SEHI Lave  glSame asl Mailing Address  Day Timel Phonel Number (Required) 610 Zat 2503 Email Address (Required)  Alternative Phonel Number 70734F-5296 Datec ofBirth (MM/DD/YYYY)  Kenncl, AorwswT.Cn 19/ufisst  STAFFUSEONLY Checked. for Completion  Datel Received  StaffName: and Initials    Statement of Economic Interest  DISCLOSURES  E. PROPERTY INTERESTS  1. Aside from your principal dwelling, do either you, any member ofy your immediate  ora planning: area?  land, land development orr real estatei int the Village of! Marvin, or within Marvin's) family, anyb business associate, havel business interestsi in  Yes  No (Self, Party with) Interest Family Member, Business Associate)  Ifyes, pleasc provide thei information below: Address /1 Location ofLand and/orl Real Estatc ofInterest  The Type orl Nature ofthe Rcall Estate and/or Land Interest  2. Do you, any member of your immediate family, or any business associate, own land or rcale  Marvin's planning area, withar market value exceeding $5,000, whichi isl leaseda and/or rented estatc, for within the Village of Marvin, or within  profit?  OYes  SNo  Ifyes, please provide the information! below: Describel Nature ofLease /1 Rental  (Self, Family Party Member, with Business Intcrest Associate)  Provide Reall Estate Address  3. Have you or any member ofy youri immediate family ever been employed by, or engaged ina a business  exceeding $10,000, int the pastf fivey years?  contract, with the Village ofl Marvin, When: Month, Year &1 Duration  Dy Yes  SNo Party with) Interest (Self, Family! Member, Business Associate)  Ifyes, please provide the information below: Nature ofContract or)  Engagement  4, Have any ofy yourl business associates, cver bcen employed by, or engaged ina al business contract the  of$10,000i int thc past fivey years? ÉNo (Self, Party with Interest Family Member, Business Associate)  with Village of! Marvin, cxcecdinga a value  Ycs  Ifyes, please provide thei information below: Nature of Contract or Engagement  When: Month, Year &1 Duration  F. HINANCIALINTERESTS  Doy you or any member of youri immediate family havel business interests in  benefit, directly or indirectly, from a Village of! Marvin recommendation, determination any privately- -owned business entity, which may gain a valued  or decision? Entity  Dy Yes  KNo Party with) Intcrest (Self, Family Member, Business Associate)  Ifyes, please provide thei informationk below:  Naturco ofBusiness  Describe Conflicts orl Potential Conflicts    3. Doy youd ora any members ofy your immediate. family, receivei income of $5,000 orr morc as defined hercin, from al business organization, or business entity, ofa any kind, which may gain a valuedl bencfit, directly ori indircctly, from a recommendation, determination or decision?1 Plcase provide applicable information bclow. Ireceive, orl haver received, reportable income as defined herein Mys spouse rcceives, orl hasi received, reportablei income as definedl hercin. A member ofr myi immediate family receives, or has rcceived, reportable income asdefined) hercin Ar member ofmy cxtended family reccives, orb has received, reportablei income asdclined! hercin Thavel business associates from whom Ircceive, orb have received, reportablci income as defined hercin  of Marvin associate, Village  OYes No OIdon'tknow. Yes No DIdon'tknow. OYes No OIdon'tknow. DYes No OIdon'tknow. OYcs No Didon'tknow. TypcofIncome  Recipient of] Income  Name ofSource  ypeofluina/imiasty  G. PROPESSIONALAND CIVICI RELATIONSHIPS  1. Are) you now, orl havey you ever been a director, officer, board member ofaz zoninga and/or land development organization, contractor, consultant, adyocate orl lobbyist ofas zoning orl land development organization or non-profit organization (which benefit,  indirctly, from a Village of Marvin recommendation, detcrmination. or decision?)  mayl dircctly or /1 Nature Purpose ofl Business  Yes  No Party with) Interest (Self, Family Member, Business Associate)  IFyes, please provide thei information below: Name ofOrganization  Relativel Position  2. Arey you, or havc you ever been, employed bya a real estate and/orl land development business, or provided professional services  services fora areal estate and/or land development business?  or consulting  OYes  ENo Type ofl Employment, Consulting or. Professional Service  Ifyes, plcase provide thei information! below: Type ofRcal Estate/Land Development (Commercial, Residential, Office, ctc.)  Nature ofl  (Purchase, Lease, Design,) Development,' Employment Investment, etc.)  5. Isa any: member ofy your immediate family now, or havet they ever, been employed byar real estate and/or land development business, or  provided profcssional services or consultings serviccs forarcale estatc and/or land development busincss?  OYes  No Type ofI Employment, Consulting or Professional Service  Ifyes, please provide thei information' below: Type ofReal Estatc/Land: Development (Commercial, Residential, Ofice,e etc.)  Nature  (Purchase, Lease, Design, ofEmployment Development, Investment, etc.)  I. OTHER DISCLOSURES  1. During the last 12 months, have your received any 'gift(s)' or favors from ani individual person, business entity, organization or of persons acting together, under circumstances that would lead: a1 reasonable persont to conclude the gifts were given for lobbying? group  OYcs  (No  Ifyes, please provide thei information below:  Datel Item Reccived  Namc &. Address ofDonor(s)  Describel Item Received  Estimated. Market Valuc    2, Have you ever been convicted ofaf felony for which youl have not received either pardon;  Yes  (ap County ofConviction  or (i) an order ofe expungement?  ANo  Offense  Datec of Conviction  Statec of Conyiction  3. Are you aware ofa any other information that youl believe may assist ina  Codc of] Ethics? OYes  advising) you concerning, your compliance with the Village of Marvin's  ANo  Ifyes, please providet thati information below.  J. DISCLOSURE AFIRMATIONSTATEMINT KnehhJ.  Manapan Name)! hcreby affirm that the information  Form and any attachments arc truc, complcte, anda accurate to the best Ihave not transferred, and willr not transfer, any asset, intcrest, or property for the lunderstand that disclosure ofa any potential conflict ofi interest and information regarding minor children, and personnel records Ihave rcad and understand the Village of Marvin's Code of Ethics: Iaffirm that Ihave revicwed my most recently filed Statement of Economic Intcrest Form  provided int this Statement of Economic Intcrest purpose of concealingi it from disclosure whilc  ofmy) knowledge and belief.  retaining an cquitable interest.  any attachments; except for personal contact: information, er protected pursuant tol North Carolina law, are publicrecord.  penalty ofp perjury, attest that my responses arc true, correct, and complete tot thel best and: as of the dates signed hereto, and under  ofmyl knowledge and! belief.  KwMeKT. Marny Awhn Kou Printed Name  Board Memker/PublicQ Ofleer'sSignature Printed Name ChvE Adminitrator/Vllaget Clerk's Signature  Emypaw  6/3/21  Date  0u DF MAS SEAL  NCa    SECTION8  CODEOFE ETHICS ACKNOWIEDGEMENT FORM  Aj printed and signed Code of Ethics Acknowledgement Formi is required from each) Board member and cmployce of the Village of  Marvin, indicatingt they will endeavor tof follow the standards set out int the Code of] Ethics,  Pleasc print, sign and submit the following page.  VILLAGEOF MANVN-CODEOFEImG  ACKNOWIEDGEMINTFONM  Ihave read and understand thc Village ofl Marvin Code ofl Ethics. Asa Village Board Member or Employee oft the Village, Iwill  endeavor toi follow the standards set out in the Code ofl Ethics,  SignauregfPublic Oficial F  Printed Name Printed Name Printed Name Aushih LN. You Printed Name  Date b/4/or/ Date' Date 6/3/21 Date  Kennek JMann  R  Important Note: A copy ofthiss signed acknowledgement form must bel kept on flc along with a completed ands signed  application form and/or Statement of] Economic) Interest Disclosure form, as applicable.  SEAL N.C. 111488