Town of Mocksville Regular Board Meeting April4,2023  The Town of Mocksville Board of Commissioners met for the Regular Board Meeting on Tuesday, April  4, 2023 at 6:00 p.m. in the Energy United Building located at 182S S. Salisbury Street.  Present: Commissioners Present:  Mayor, Will Marklin Jenny Stevenson Johnny Frye Justin Draughn Rob Taylor  Absent: Carl Lambert  Others Present: Ken Gamble, Town Manager All Benshoff, Town. Attorney Frank Carter, Fire Chief Wade Stewart, Parks and Grounds Lead Tami Langdon, Community Development Mayor Marklin called the meeting to order.  The Town of Mocksville Board paused for a moment ofs silence.  Mayor Marklin led the Pledge of Allegiance. Conflict of Interest Statement  "Pursuant to NC General Statutes and the Town of Mocksville Code of Ethics Policy adopted November 9th, 2010, amended ofJan. 6, 2019 and further endorsed on August 9th, 2022, Iwould ask each ofyou before you adopt the agenda iftherei is any actual, potential, or perceived conflicts of interest with respect to any matter on the proposed agenda which will come before the Town Board of Commissioners for consideration and/or decision at this meeting. Ifso, please speak up and let the Board know at this time  before the agenda is adopted." Adoption of Agenda  A motion was made by Commissioner Draughn 10 adopt the agenda bul remove B. Public Hearing for Davie Blackwelder Development and place on the May agenda. The motion was. seconded by  Commissioner Taylor which carried by a manimous vote 4-0.  April4, 2023    Citizen Comments  Mayor reads; Under GS section 160A-81.1, the Board shall provide one period for public comment per month. Public comments are a valued part oft the Board meeting but we also have to handle monthly business items. Ifyour public comment is not heard this month we provide the same opportunity at each month's Board meeting. Public comments are limited to 3 minutes per comment. Thel Mayor asks that groups appoint spokespersons for groups supporting the same position, especially when the number of people wishing to attend the meeting exceeds the capacity ofTown Hall. When the comments become repetitive and no longer provide newi information then discussion for this meeting may be stopped. Asa reminder, the comment period is not a question and answer session. As always, the Mayor shall provide Emily. Austin addressed the Board and spoke against the Cana Road annexation. Ms. Austin would like Nick Gibietis addressed the Board. Mr. Gibietis urged the Board to look at how they are planning this  for the maintenance oforder and decorum in the conduct oft the comment period.  the Board to vote no.  community and to listen to those speaking tonight.  Public Hearings  Speakers are: asked to sign up sO that the minutes can be accurately written. Each side in favor ofand against has 30 minutes. Speakers are to state their name and address before speaking. The parties have a 5-minute rebuttal that comes out of the. 30 minutes. The staff presentation is not part of the: 30 minutes. Speakers are to address the Board, not other speakers or the: applicant. The audiencei is to remain quiet sO the Board can hear the speakers.  Speakers are to avoid repetition. Speakers are to be civil.  Public Hearing for a zoning map amendment. The Board will review a request by CRA Development, LLC that has applied to rezone approximately 196 acres from Open Space Residential (OSR) and General Indastria-Conditional (GI-CD). The subject property is located on or about Madison Road, Angell Knoll Ave. The properties are further described as Davie County Tax Parcels 140000003801, 1400000038, 140000004002 and H40000010608. Mayor addressed the public about the rules for the public hearing. Please be respectful oft the speakers. Johnny Easter, Planning Board Director addressed the Board. The Board will: review ar request by CRA Development, LLC that has applied to rezone approximately 196 acres from Open Space Residential (OSR)and General Industrial-Conditional(GI-CD). The subject property is locatedo lonorabout) Madison Road, Angell Knoll Ave. The properties are further described as Davie County Tax Parcels 140000003801, 1400000038, 140000004002and H40000010608. The: zoning districts currently are Open Space Residential (OSR) and General Industrial-Conditional (GI-CD). TheLand Use Plan is Moderate Residential, General Commercial and Industrial. The applicant is CRA Development, LLC and the property size is approximately 196 acres. The current land use. is] ResidentialIndustrial Conditional. The proposed land use is General Industrial Conditional. The current zoning around the property includes to  April4,2023    the north a land use of Residential and Business with zoning of Open Space Residential (OSR) and Highway Commercial (HC); to the east a land use of Business with zoning of Open Space Residential (OSR) with zoning ofHighway Commercial (HC); to the south a land use of Residential with zoning of Open Space Residential (OSR) and Highway-Business (H-B); to the west a land use of Residential with az zoning of Open Space Residential (OSR). The proposed zoning General Industrial Conditional is established to accommodate traditional industrial uses on individual tracts of land and with coordinated The Planning Board Staff Recommendations: The Town of Mocksville Comprehensive Plan adopted September3,2019, Objective 6- Facilitate steady managed growth in the most appropriate places while carefully preserving environmentally sensitive areas, especiallyalong: stream corridors, for water quality and natural resource protection and to provide recreational amenities and greenway trails. Strategy 6.1 Use the Future Land Use Map (Figure 21 and Table 22) and Existing Zoning Map (Figure 20) to encourage managed growth compatible with the Town's character, surrounding land uses, available The Town of Mocksville Comprehensive Plan identifies this area as a future Industrial Growth Area. Based upon this the Planning Staffi is in favor ofthe proposed zoning map amendment. This is General use rezoning. Both parties can agree to specific conditions added to the rezoning. The The General Industrial Area will exclude the following uses: livestock sales and auctions; adult establishments; junk yard; pawn shop; shooting range (outdoor); theater, drive-in; auto wreckingyards, building material salvage yards, general salvage yards, scrap metal processing yards; landfill, land clearing and inert debris; landfill, construction and demolition; land, sanitary; motor vehicle dismantling and wrecking yard; tire recapping shops; waste incineration; waste transfer station; correctional institution; yard waste composting; manufactured home, temporary; cemetery; hazardous waste management facility; recycling and savage operation; recycling center; package treatment plant; and At the March 9, 2023 Planning Board meeting, the conditions were approved and the Planning Board  industrial parks  infrastructure and services.  applicant submitted the following individual conditions:  security training facility.  The Board should consider approving with conditions, denial, or defer. recommended unanimous approval oft the: zoning text amendment. Ken Gamble, Town Manager addressed the Board.  The purpose ofthis staff presentation is not to make a recommendation; you have already heard the recommendation from the Planning Board and Planning Department. The purpose is to give the Board Annexation Some residents have expressed fears that the Town will annex their property. This is not the case, but even ift the Town wanted to do this, thel NC General Assembly made involuntary annexation impossible more than a decade ago. The only annexations the Town considers are voluntary. Town or NCDOT Would Widen Madison Road & Take Property In the event the developer asked fora driveway permit to access Madison Road and NCDOT granted the request any right of way required would come off the developer's property, not the neighbors'. The only NCDOT projects on the books for Mocksville right now are the Wilkesboro Street roundabout (Still Delayed) and Hwy 601 Widening (Right of Way Acquisition Starting in 2026 & Project in 2028). The Town plans to ask for a feasibility study for widening Hwy 601 south ofI-40 during the 2023 STIP process. Neither we, norl NCDOT have  general information and to address concerns that have be raised.  any plans to widen Madison Road.  April 4, 2023    Increased Truck Traffic on Madison Road - There is no way to answer this question today. The greatest traffic impacts (2-5 years Grading, Construction, Day to Day) will be on Hwy 601 via Angell Knoll Ave. NCDOT makes the final determination over any new potential access point. Nelson Creek is a good example ofthis. The original conceptual plans presented by the developer called for specific access points offHwy 601 and Country Lane. However, while going through the permitting process NCDOT changed all ofthem. Bottom line is that neither the developer nor the Board of Commissioners can make a promise regarding this. Direct traffic impacts on Madison Road are. still years away and may not occur if Angell Knoll Avenue remains the only point ofentrance and exit or ifas second point of entry/e exit is made at the Buffers, Storm Water, Erosion Control, Air Quality Buffers are addressed in our: zoning ordinance and a good visual example ofa ai mature development is the South Point Industrial Park. Storm Water, Erosion Control and Air Quality are all managed by the state and the developer willl have to go through their permitting processes. Site plans must meet all of our development requirements as well. The zoning Madison Road & Hwy 601 Traffic Collisions - Over the last 5 years there have been 83 traffic collisions on Hwy 601 in the area of Madison Road. 12 of the collisions (14%) were directly tied to the intersection of those only 61 may have been prevented with at traffic signal. Most traffic collisions int the area occurred Sound/Noise Complaints Involving SES: No calls to the 911 center regarding SES causing noise. No calls have been received by SES regarding noise. The building is periodically used for practice and sound checks. Once I made the owner aware. he advised they would begin using heavy cloth to help insulate the Al addressed the public. The Mayor used his authority to set ground rules for the meeting this included  Hwy 64 end of the property.  approval is only the beginning of the development process.  at business driveways.  sound and sympathetic vibration. Future plans include a sound proofed studio.  setting time limits for those speaking.  Mayor opened the public hearing for comments for a zoning map amendment a request by CRA Development, LLC that has applied to rezone approximately 196 acres from Open Space Residential (OSR)and General Industrial-Conditional (GI-CD). The subject propertyisl located on or about Madison Road, Angell Knoll Ave. The properties are further described as Davie County Tax Parcels  140000003801, 1400000038, 40000004002 and H40000010608.  In favor of: 30 minutes  Hank Van Hoy, Attorney addressed the Board and represents Angell Junker, LLC which is made up of Bill Junker, and partners' John Reece, Jack Reece, and otherinvestors. They are the developers ofl Davie Industrial Center. That is important for you to know because you get an idea of what Class A manufacturing facility looks like, which is the intent of developing this property. We seek to rezone the property to General Industrial Conditional. It is 197 acres with roughly half of the property already rezoned to General Industrial Conditional. Zoning decisions should fair, consistently applied, and fit within your Land Use Plan. This rezoning does fit within the Land Use Plan as reported by staff. The Land Use Plan serves as a guide and shows that this property should be used for General Industrial purposes, for both 2005 and 2019 plans. The Planning Board unanimously approved this rezoning. Industrial Development helps keep tax rates low, provides jobs opportunities and provides tax revenue.  April 4, 2023    Rick Steinbacher. addressed the Board and represents the Angell Family.My late father-in-law, Madison Angell, a farmer, had a vision of operating a vast farming enterprise, he was always improving and sustaining the land ina a way that would provide for his family and ensurei the future economic benefit of the community he lived in. This rezoning application is consistent with his dreams and wishes. The Angell family believes this rezoning is in the best interest of the community, but do understand and Diane Foster addressed the Board. Madison Angell was a person who was always aware of time and planning. A few months after the sewer line went across his property, he came up with a specific plan and began meeting with Town officials and economic development. As a result, he came up with a Terry Bralley addressed the Board. Elected Officials have to make tough decisions. That site is an industrial site and is in your Land Use Plan. Last year, an overseas company looked at this site and almost bought it. Madison liked thei industrial development that was taking place and wanted to do this with his land. Het told met this was his 401k plan, his inheritance for his family, and when thet time comes,  appreciate that there are opposing views to the rezoning.  vision to what this land could be.  asked me tol help him. This is why I am here tonight. Rebuttal a statement that says something is not true:  Hank Van Hoy, Attorney addressed the Board. The property should be industrial. This property is located between the two major roads and I-40, which is where industry should be. This was decided whenyou passed thel Land Use Plan. With regards to the setbacks and trees, part ofthisi is not within the zoning issue, but would be handled through the Division of Environmental Quality and part of the permitting process. The technical review committee would review the plans and then determine rules in which the developer would need to comply. Your: zoning ordinance provides setbacks, landscapes and buffer requirements to protect abutting properties. The rezoning is consistent with the Land Use Plan.  Against: 30 minutes  Sara Johnston, 321 Madison Road, addressed the Board. An industrial facility is not a place that necessarily employs those with college degrees. I am not sure that this facility will create jobs. The TownofMocksville Comprehensive Plan states, "Thel Mocksville Zoning Ordinance was establishedi in the 1960s as a legal and administrative tool to ensure land uses within the community are properly situated in relation to one another, and that adequate space is provided for each type of land use." Additionally, "Zoning helps direct new growth into appropriate areas and protect existing property values by requiring that new land development provide adequate light, air and privacy for persons already living and working within the community." Furthermore, the Plan acknowledges that "Zoning affects the taxation of property as an element ofvalue tol be considered in assessment and can alsoaffect community appearance and aesthetic through supplemental design guidelines." And while there may be a "plan" for the land in question, changes, revisions, and modifications, may be warranted to meet the  continuing demands for growth and development.  Mark Johnston, 321 Madison Road, addressed the Board. There were common themes to the key focus questions that assisted in developing the final Core Community Values. We took the initiative to categorize relevant responses by "Land Use/Development". and' "Economic Development," as outlined in the Comprehensive Plan under Appendix B- The Advisory Committee Workshop #1.  April4 14,2023    Land Use / Development - Dream of the Citizens: Create more mixed-use environments. Mike Barnhardt mentions inl his Letter to the Editort titled, Zoning Seems to Work fora Select Few- Published March 2, 2023 "Igave an economic analysis that showed mixed-use and housing could indeed provide more long-term benefit (tax revenue) than commercial/industry (using current public tax records Dislike of the Citizens #1: Potential lack of workforce to support new industrial development. Lack of community work force means the money will leave the county with the workers that come from other Dislike of the Citizens #2: Create morej jobs for young college graduates - who will start families here. Industrial facilities will not create a meaningful number ofj jobs for young college graduates. Dislike of the Citizens #3: Stop the leakage ofy young adults out of our community, who, ini my opinion, are leaving due to lack of good jobs that pay a livable wage. If factory work paid this type of wage, people would not be going to school for other degrees as factory positions are generally unskilled labor Additional information the Board must consider while making the re-zoning decision can be found in APPENDIX C, Advisory Committee Workshop #2, of the Comprehensive Plan. This section of the Comprehensive Plan outlines the "SWOT" Results, which is an abbreviation for the Strengths, Weaknesses, Opportunities and Constraints of Mocksville. SWOT results yielded the following Strengths: Stable & steady grovth/vel-managed growth. How is this well managed growth when we Weaknesses: Appearance of6 601 S. corridor, traffic, Lack ofh high-tech (better paying). jobs, and the need more full-time staffing fori fire department & police department. Facilities of this scale will noti improve the look or the traffic conditions in these noted areas that are already known as being a weakness ofthe Opportunities: Create more entertainment venues, develop areas tol bring families from out oft townmore shopping options, losing younger families to bigger cities, and provide more employment for youth to stay or return. An increased number ofmanufacturing facilities does nothing to entice young families to come to Mocksville and spend their money or provide a reason for current families to come to Constraints: Loosing younger families - moving away /aging population- lack ofe energy. Having these facilities right across the street from 100+ families does not make younger families want to come nor Other notable information pertinent to the decision of rezoning is the Community Survey Question Results, which can be found in Appendix D, Community Survey Results, of the Comprehensive Plan. Question one asked the three most important issues regarding future growth in Mocksville. The very last item listed out of sixteen items was Industrial Development at three percent. This was the least important issue for the citizen. Question two asked what do you like best about Mocksville? Forty-nine percent of the responses mentioned the same idea of the small town feel and quietness. That will no longer be true. Question three asked what would you most likely to change about Mocksville. The responses again were to do a better job attracting and keeping young professionals. The citizens' responses to commercial development were to encourage mixed-use development and for redevelopment responses referred to re-use ofold buildings. Responses within the fire, police and EMS section referenced these departments being stretched thin and the need for fill-time fire protection.  showing taxes paid and encumbered acreage for some representative businesses)."  Economic Development =  counties to work int these factories.  positions that do not pay much above livable wages.  information for Mocksville:  are placing these and future facilities up against residential neighborhoods?  town.  Mocksville.  current families want to stay int this immediate area.  April4,2023    Seventy-five percent of citizens agree with recruiting only clean industries. Eighty-three percent of citizens agree zoning should be utilized toj protect existing farms. Seventy-eightpereent ofcitizens agree The 2019Comprehensive Plan needs tol be updated. Perhaps, we should look into how this rezoning will affect over 100 current citizens oft the ETJ and how the future plan will also negatively affect the same Michael Brubaker addressed the Board. We ask that there is due diligence and consideration about what the rezoning can mean and that we are properly prepared and knowledgeable about the change that is coming. If the rezoning is approved, that are several stipulations that we would urge the Board to consider. A condition we would like to include is addressing the buffering, between the residential areas and the rezoned parcels, including the length of Madison Road as it abuts to the residential community directly across the road. Since we cannot know what is coming to the industrial park, we would like to request the minimum buffering conditions be those mentioned in the Davie County zoning ordinance Belinda Breweraddressed the Board. Iamac college graduate that who was laid offi from ai factory during the 2009 economic downturn. I would not go back working in a factory unless out of necessity. I grew up offMadison Road.Imoved away from Davie then moved back. We would not benefit from the taxes because we are not Town residents. Iunderstand people have the right to do what they want with their Charlene Hayes addressed the Board. Please reconsider and reevaluate your Land Use Plan of2005 and 2019. In2 2019, we werel beginning the pandemic. Professionals are not looking for factory jobs, they are looking for remote work and more quality family time, and I believe that this is what Davie County and Mocksville represent. Factory work does not support this. Iam also asking that you consider the health risk the factory workers face. The median age ofDavie andI Mocksville residents is 45-47 years old, not someone that can work long hours in a factory. There may also be health risk from the factory from chemicals. The natural resource you have here Iwould like to see stay for many years. Please consider Angie Lakey addressed the Board. There was aj petition of 152 signature gathered from Madison Road, Horseshoe Trail to last home before Sonic against this proposal. Mocksville's growth should not be to the detriment of the residents, because the people are what make Mocksville good, not the Town's wealth. Time Well Spent? You decide. Deny this proposal because it is not consistent with the single- family residents on Madison Road and Hwy 64 West. Ify you have questions, read the Comprehensive Doug Lakey addressed the Board. I knew Mr. Angell all my life and he was well respected in our community. Ihope you realize the decisions you: make will have an effect on future generation.  that growth and management should bei improved upon.  citizens.  per section 155.147 and section 155.172.  property, but it should: not be to the detriment to the people around them.  all these factors and give us consideration.  Plan.  Rebuttal a statement that says something is not true:  Brad Hunter addressed the Board. It is a balancing act what the Board does. We are in a housing crisis and have had many discussions on how to get affordable residential housing in Davie County. This isa 1.8 millions square foot building and we need know what the storm water is going to do, where is the traffic, where is the connectivity, what is going to be the ingress and egress, there is sO much to take in consideration and I do not believe you have enough information to make a great decision. Let's slow  April4 4, 2023    down and be pragmatic in this approach. This complex will have an impact on the residential property  values on Madison Road that face the Angell property.  Mayor closed the public hearing. 7:33pm Mayor called for a 51 minute break.  Board Questions: ordinances.  Commissioner Taylor: The ordinance isi in place to protect the citizens. Developers must abide by these Commissioner Stevenson: I was on the 2019 Comprehensive Planning Board. Wel have been working on reusing old buildings. The three percent for Industrial Development may been wrong due toi not many at ther meeting in 2019.Iam concerned about the buffer because the buildings can be large, but, this was  part of our land use. This is al hard decision to make.  To consider the zoning map amendment to the zoning ordinance.  A motion was made by Commissioner Draughn to approve the zoning map amendment; a request by CRA Development, LLC that applied to rezone approximately 196 acres from Open Space Residential (OSR) and General Indisirial-Condilonal (GI-CD). The subject property is located on or about Madison Road, Angell Knoll Ave. The properties are further described. as Davie County Tax. Parcels 140000003801, 1400000038, 140000004002 and H40000010608 and to approve the statement of consistency as written. The motion was seconded by Commissioner Taylor which carried by a Public Hearing Requested for. Annexation from Angell Revocable Living Trust; Elsie Bowens Angell located on Angel! Knoll Avenue, Madison Road and Highway 64 (County Parcel- 140000003801,140000004002, and I400000038). Potential for development. Mayor opened the public hearing for comments to consider an annexation ordinance located on Angell Knoll Avenue, Madison Road and Highway 64, Mocksville, NC 27028. Potential for development.  animous vote 4-0.  In favor of:  Hank Van Hoy, Attorney addressed the Board. We urge you to approve the annexation.  Against:  Charlene Hayes addressed the Board. Due your due diligence and consider what you are doing with our county. Iappreciate growth and what you are doing. You are here to support us and be our  representatives.  Mayor closed the public hearing. 7:52pm  Toc consider the annexation ordinance located at Angel Knoll Avenue, Madison Road and Highway 64,  Mocksville, NC: 27028.  April4,2023    A motion was made by Commissioner Taylor to adopt the annexation ordinance t0 extend corporate limits located at Angel Knoll. Avenue, Madison Road and Highway 64, Mocksville, NC27028. The motion was seconded by Commissioner Draughn which carried by ai uanimous vote 4-0.  Communications from Boards, Commissions and Agencies  Mayor read Proclamation Recognizing International Firefighters' Day. A breakfast will be held May 4, Mayor recognized Proclamation Recognizing National Day of Prayer and this will be read at the YMCA  2023 at the fire station. May 5, 2023. Consent Agenda  An motion was made by Commissioner Taylor lo adopt the consent agenda as presented. The motion was seconded by Commissioner Draughn which carried by a unanimous vote of4-0. llems approvedivere: (A) March 7, 2023 Regular Board Meeting and Closed. Session (B) Monthly Financials (C) Tax Releases.  Communication from' Town Staff  Town Attorney Benshoff: Attorney Benshoff addressed the Board. Mr. Benshoffi introduced Senate Bill 317 that will establish workforce housing developments to address critical housing shortages for Mr. Benshoff stated that the Board should be aware ofthe fact that a single family subdivision can be approved in any zoning district at any density with no design standards, no street trees, no sidewalks, and no public water or sewer services if requested. It must also be approved by the planning staffi in 45 days or less. Mr. Benshoffe explained that this means that the proposed housing will not come to the Planning Board or Elected Officials. In order to qualify for workforce housing subdivision, 20% oft the lots have to be reserved fori income-qualified persons. The lots only have to be reserved fori income-qualified persons  firefighters, law enforcement, other workers, and essential workers.  for one year after the development is opened.  Mr. Benshoffthen: asked the Board to read the bill ini its entirety.  Town Manager Ken Gamble: Mr. Gamble informed the Board that Davie County is a finalist for All America and will be sending delegates to Denver, Colorado to compete from June 9 to. June 11 of2023. Mr. Gamble requested. $2,000 from the Board in order to pay for the delegation's expenses. Mr. Gamble then stated that winning this competition would give the Towna a placard that informs the Town's citizens and businesses oft the Town's dedication to civic engagement and to the youth.  Communication from Mayor: and Town Board  Commissionerlambert: N/A Commissioner Taylor: N/A Commissioner Stevenson: N/A  April4,2023    Commissioner Frye: N/A Commissioner Draughn: N/A Mayor Marklin: N/A  Motion to enter closed session per NC GS 143-318.11( (a)(3)(5), to preserve the attorney-client privilege AI motion was made by Commissioner Taylor to enter closed. session 8pm. The motion was secondedi by A motion was made by Commissioner Taylor to re-enter open session. The motion was seconded. by  and to discuss acquisition of real property.  Commissioner Draughn which carried by a unanimous vote 4-0. Commissioner Draughn which carried by a unanimous vote 4-0.  Adjourn  A motion was made by Commissioner Taylor to adjourn the April 4, 2023 Regular Board. Meeting. The motion was. seconded. by Commissioner Draughn which carried by a unanimous vole 4-0. The attached documents are incorporated herewith and are hereby made a part of these minutes.  m  Willan gMadi William J. Marklin, Mayor  dpn Mustte  Lynn Trivette, Town Clerk, MMC, NCCMC  April 4, 2023