AGENDA  Regular Meeting oft the Sawmills Town Council  Sawmills Town Hall Tuesday, October 18, 2011 6:00P.M.  1. 2. 3. 4. 5. 6.  CallToOrder Invocation Pledge of Allegiance Adopt Agenda  Mayor Bob Gibbs Mayor Bob Gibbs Mayor Bob Gibbs Mayor Bob Gibbs Mayor Bob Gibbs Gerelene Blevins Beverly Fry Seth Eckard Mayor Bob Gibbs Mayor Bob Gibbs Emily Hines Susan Nagle  Approval of September 20" Regular Meeting Minutes  Recognitions: A. Yard ofthe Month Winners B. Recycle Rewards Winner C. Town Sign Art Contest Runner-Up  7.  Public Hearing: Request for a Conditional Use Permit To Permit a Horse on Property at 3912 US Highway 321-A C. Swearing in of Person(s) Giving Testimony  A. Open Public Hearing B. Staff Recommendations D. Close Public Hearing E. Council Action  8.  Public Hearing: Request for a Conditional Use Permit For Wholesale Storage ofl Household Waste on Parcel 2776-24-8991  Mayor Bob Gibbs Emily Hines Susan Nagle Seth Eckard  A. Open Public Hearing B. Staff Recommendations D. Close Public Hearing E. Council Action  C.S Swearing in of Person(s) Giving Testimony  9. 10.  Financial Matters: Interlocal Agreement with Caldwell County to Extend The Sales Tax Reinvestment Agreement as Amended  Planning Matters:  A, Call fora a Public Hearing: Bumgarner Property Rezoning Request for B. Call for a Public Hearing: Request for A Conditional Use Permit to. Allow Emily Hines Accessory Dwelling on Property on May Road and Parcel 2755-97-8343  Emily Hines  Property at 2669 Mission Road C.F Planning Commission Appointments A. Code Enforcement Monthly Report B. Administrator's Report Public Comment Adjourn  Emily Hines Mayor Bob Gibbs Seth Eckard Mayor Bob Gibbs Mayor Bob Gibbs  11.  Updates:  12. 13.    Page 1 of5  TUISDAY.SEPTEMBER 20, 2011  TOWN OF SAWMILLS REGULAR COUNCIL MEETING  6:00 P.M.  COUNCIL PRESENT Bob Gibbs Gerelene Blevins Joel Norman Donnie Potter Joe Wesson COUNCIL ABSENT Beverly Fry  STAFF PRESENT Karen Clontz Susan Nagle Terry Taylor  CALLTO ORDER: Mayor Bob Gibbs called the meeting to order. INVOCATION: Pastor Wade Mitchell gave the invocation.  PLEDGE OF ALLEGIANCE: Mayor Gibbs led the Pledge of Allegiance. ADOPT AGENDA: Mayor Gibbs asked forai motion to adopt the agenda with the Onar motion made by Donnie Potter, and seconded by Joe Norman, the agenda was APPROVAL OF AUGUST 16th REGULAR MEETING MINUTES: Mayor Gibbs asked for a motion to approve the. August 16,2011 regular meeting minutes. On a motion made by Joe Wesson, and seconded by Gerelene Blevins, the minutes were  following addition: add line item 8E.  adopted with the addition. All were in favor.  approved. All were in favor. RECOGNITIONS:  YARD OF THE MONTH WINNERS: Mayor Pro-Tem Gerelene Blevins presented Joe and Annie Marler from the 28630 zip code with a certificate for winning the yard of the month and Mayor Gibbs stated Charles and Pat Holden from the 28638 zip code was the yard of the month winner for September. Mayor Gibbs stated that Charles and Pat Holden are unable to be here tonight but may pick up their picture and certificate at the  Town Hall at their convenience. No Council action is required.    September 20, 2011 Page 2of5  RECYCLE REWARDS PROGRAM WINNER: Mayor Bob Gibbs stated Michael and Tara Bradshaw are the recycle rewards program winners for September. Mayor Bob Gibbs stated they are unable to be here tonight but may pick up their certificate at the Town Hall at their convenience and they will receive a credit of twenty-five dollars  ($25.00) on their current sanitation bill. No Council action is required. FINANCIAL MATTERS:  BID AWARDS FOR STORM DRAINAGE IMPROVEMENTS ON BUCKS DRIVE: Mayor Gibbs stated the Town recently received the following six bids for the  storm drainage improvements on Bucks Drive:  Bennick Enterprises, LLC Hilton, Inc. Wilkie Construction Co. Midstate Contractors, Inc. Country Boy Landscaping, Inc. Kris Williams Grading, Inc.  $26,625.00 $29,538.78 $29,455.00 $31,750.00 $45,554.00 $52,606.00  On a motion made by Joe Wesson, and seconded by Donnie Potter, Council awarded the bid to Bennick Enterprises, LLC in the amount of$ $26,625.00. All were in favor. NC DEPARTMENT OF CORRECTIONS CONTRACT: Mayor Gibbs stated the encloscd contract with the North Carolina Department of Corrections Contract. The contract would be effective August 31, 2011 through June 30, 2012 and would cover two laborers at a cost of $1.00 per hour for eight hours a day for a total amount of $438.00. The Town would have to provide Workman's Compensation Insurance at an additional cost ofa approximately $1,300.00, which was: not included in this budget year. After much discussion, Donnie Potter made a motion to table this matter until the next regular Council meeting and Joe Norman seconded SO that Town Administrator Eckard  can review this contract more in depth.    September 20, 2011 Page3c of5  PLANNING MATTERS:  RESIGNATION OF PLANNING COMMISSION MEMBER: Town Planner Emily Hines stated that Planning Commission member Bobby Austin has resigned leaving a vacant seat open. Current alternate Thad Hall has given his consent to serve on the Town Planner Hines stated that this leaves two alternate vacancies as the Towns Ordinance states that the Planning Commission consists of five members and two alternates. Town Planner Hines would recommend appointing one alternate within the town limits and one alternate from the E.T.J. (Extra-Territorial Jurisdiction). Mayor Gibbs asked Council to come to the October 18, 2011 regular Council meeting with recommendations for the two vacant seats on the Planning Commission. On a motion made by Donnie Potter, and seconded by Joe Wesson Council appointed Thad Hall as the Planning Commission member. All were in favor. REQUEST FOR APPROVAL OF A MINOR SUBDIVISION: Town Planner Emily Hines stated Mr. Ralph L. and Mrs. Lantha O. Bryant have requested their property located on Dry Ponds Road split into three lots. The existing lot is 3.25-acres and would be split as follows: lot one: 1.315 acres and lot two: 0.621 acres, and lot three 1.414 acres. The Planning Board reviewed this request and would recommend Council approval with Ona a motion made by Joe Norman, and seconded by Joe Wesson, the minor subdivision for Mr. Ralph L. and Mrs. Lantha O. Bryant was approved with the condition. All were REQUEST FOR A CONDITIONAL USE PERMIT: Town Planner Emily Hines stated that Jack and Debbie Mason have requested a Conditional Use Permit to allow a horse on 1.09 acres of pasture land located at 3912 US Highway 321-A and having 10.89 Planner Hines also, stated according to the Sawmills Zoning regulations, Council must approve a Conditional Use Permit to have horses in the RA-20 zoning district and the Planning Commission would recommend the Council call for a public hearing on this On a motion made by Joe Wesson, and seconded by Joe Norman, the Council will hold a public hearing on a Conditional Use Permit to allow a horse at 3912 US Highway 321-A  Planning Commission.  the condition that all proper easement language is on the Plat.  in favor.  acres.  matter.  at the October 18, 2011 regular Council Meeting. All were in favor.    September 20, 2011 Page 4 of5  REQUEST FOR A CONDITIONAL USE PERMIT: Town Planner Emily Hines stated that STAT, Inc. has requested a Conditional Use Permit for a household hazardous waste site for the wholesale storage of gasoline and oil products, including bottled gas and oxygen on 2.67 acres, which is located on Spartan Drive Parcel number 2776-24- Planner Hines also, stated this is an allowable use and according to the Sawmills Zoning regulations, Council must approve a Conditional Use Permit to allow wholesale storage of gasoline and oil products, including bottled gas and oxygen in the HB zoning district and the Planning Commission would recommend the Council call for a public hearing on On a motion made by Donnie Potter, and seconded by Joe Wesson, the Council will hold aj public hearing on a Conditional Use Permit to allow a household hazardous waste site for the wholesale storage of gasoline and oil products, including bottled gas and oxygen on Spartan Drive Parcel number 2776-24-8991 at the October 18, 2011 regular Council WATERWORKS ROAD: Mayor Pro-Tem Gerelene Blevins would like to propose Council consider lowering the current speed limit on Waterworks Road from 35 M.P.H. to20N M.P.H. as well as putting up no passing signs, and children at play signs. Attorney Terry Taylor stated the Town would need to have a traffic report done showing from a Traffic Engineer where to place the signs and what the speed limit needs to be. After discussion, Council tabled this sO that Town Administrator Seth Eckard could research to see if the Town had already done this in the past and if not what the Town would need to do to have a Traffic Engineer look at the Road and submit a report.  8991.  this matter.  Meeting. All were in favor.  UPDATES:  CODE ENFORCEMENT MONTHLY REPORT: The enclosed report shows the updated progress continuously made throughout the Town by Code Enforcement Officer  Tony Cline.  No Council action is required.    September 20, 2011 Page 5of5  ADMINISTRATORS REPORT: Finance Officer Karen Clontz stated that included in the agenda packets is a list of unscheduled records that staff destroyed due to limit storage space. Finance Officer Clontz also stated, the Town Festival will take place on Saturday,; September 24, 2011 at the Sawmills Baird Drive Park from 10:00 a.m.-4:00 p.m. with new vendors and the Optimist Club is doing a BBQ Cook-Off and invited everyone to come out and join in the festivities. Mayor Gibbs stated there is a lot more things to enjoy this year than there was last year and the Town will still give out free Donnie Potter stated the Optimist Club is sponsoring a BBQ Cook-Off. The Tickets are $8.00 for adults and $4.00 for kids 12 and under. Anyone wishing to purchase a ticket may do SO by contacting an Optimist Club member or purchasing a wristband at the gate. PUBLIC COMMENT: Mayor Gibbs asked if anyone would like to speak during the Brad Wright, Art Teacher at Sawmills Elementary School, Clarence Finley, and Kristy Greene all asked to addressed the Council with concerns over how the Town sign art contest was done. Trena Kirby asked what the winner was told when the Town sign art William Eckard would like to thank Mayor Pro-Tem Gerelene Blevins for taking the time Edward Lineback would like to address his concerns over the restrooms at Sawmills Ron McCracken would like to put a mobile home on the property to allow his Aunt to  hotdogs, popcorn and a drink until they run out.  public comment period.  contest first came about.  to address most ofl his concerns.  Baird Drive Park not being open forj public use.  live in.  ADJOURN: Mayor Gibbs asked for a motion to adjourn.  On a motion made by Donnie Potter, and seconded by Joe Wesson, the meeting was  adjourned. All were in favor.  Susan Nagle, Town Clerk  Bob Gibbs, Mayor    AGENDA ITEM 6A  MEMO DATE: SUBJECT: Discussion:  October 12, 2011 Recognition: Yard ofthe Month  The Town of Sawmills would like to congratulate Tim and Lenita Pope (28630 zip code) and Jim and Claudia Cooke (28638 zip code) on winning the Yard ofthe Month for September 2011. Mayor Pro-Tem Gerelene Blevins and Councilwoman Beverly Fry ofthe Town Beautification Committee will present the winners with a  certificate ofappreciation.  Recommendation: No Council action is required.    AGENDA ITEM 6B  MEMO DATE: SUBJECT:  October 12, 2011 Recognition: Recycle Rewards Program  Discussion:  The Town ofSawmills would like to congratulate James Clark on winning the Recycle Rewards Program for the month of September. Town Administrator Seth Eckard will present Mr. Clark with a certificate of appreciation. A twenty-five dollar ($25.00) credit will be added to the current sanitation bill.  Recommendation: No Council action is required.    AGENDA ITEM 6C  MEMO DATE: SUBJECT:  October 12, 2011 Recognitions: Runner-Up  Town Sign Art Contest  Discussion:  Mr. Wright, Art Teacher at Sawmills Elementary School stated to the Council that the Towns new gateway signs have a lot ofs similarities to the picture submitted by The Council discussed this issue and decided to make Kenlea a runner-up, giving The new gateway signs will include Lanie Bumgarner and Kenlea Greene'sname  Kenlea Greene.  her the same recognition as Lanie Bumgarner.  on the bottom along with their pictures on each post.  Recommendation: No Council action required.    VOFSAVIN  MAYOR Bob Gibbs TOWN ADMINISTRATOR Seth Eckard  TOWN COUNCIL Beverly Fry Joe Norman Donnie Potter Joe Wesson  Gerelene Blevins, Mayor Pro-Tem  C  CORPORATED  October 18, 2011 To Miss Kenlea Greene,  The Town of Sawmills would like to congratulate you on being the runner-up for the For all your hard work in Mr. Wright's art class at Sawmills Elementary School, the Town of Sawmills would like toj present you with this Certificate of Appreciation. The picture you have submitted will be on display on one of the columns to the sign as  new town sign art contest design.  well as your name on the bottom.  Sincerely, Mayor Bob Gibbs  Mayor Pro-Tem Gerelene Blevins Councilwoman Beverly Fry Councilman Joe Norman Councilman Donnie Potter Councilman Joe Wesson  Town Administrator Seth Eckard  Town of Sawmills tp/www.townolsawmills.com  4076 US Highway 321-A * Sawmills NC * (828)396-7903 * (828)396-8955 fax  The" Town of Sawmills does not discriminate ont the! basis of age, sex, race, religion, national origin, disability, political affiliation, or marital status.    Agenda Item 7  DFSALIN    CORPORATED 1908  Town of Sawmills Staff Report October 13, 2011 TO: FROM:  October 18, 2011 Town Council Meeting  Mayor and Town Council Emily Hines, Town Planner  SUBJECT: Consideration ofa Conditional Use Permit for al horse  A. Actions Requested by Town Council 1. Motion to accept the evidence as presented 2. Motion to approve the Finding of Facts horse at 3912 US Highway 321 A. B.] Required Votes to Pass Requested Actions A majority vote is required to pass the requested actions.  3. Motion to approve (approve with conditions) (deny) the Conditional Use Permit fora  C.B Background  Property Owner/Applicant:  Jack and Debbie Mason PO Box 267 Hudson, NC: 28638 3912 US Highway 321 A 2766-67-1789  Property Address: Property Parcel Number:    Parcel Size: Zoning District: Proposed Use:  10.89 acres RA-20 Horse  The Sawmills Zoning regulations require that to have horses in the RA-20 zoning district a Conditional Use Permit must be approved by the Town Council. The applicant is requesting approval for a horse on 1.09 acres of pasture land on a 10.89 acre parcel.  D.I Findings of Fact  To grant a permit for a Conditional Use the following finding of fact must all be found in 1. The use will not affect the health or safcty of persons residing or working in the 2. The use will not be detrimental to the public welfare or injurious to property or public  the affirmative by the Town Council. neighborhood of the proposed use. improvements ini the neighborhood. E.S Staff Recommended Findings of Fact neighborhood of the proposed use. clean to reduce any unreasonable smell. public improvements in the neighborhood.  The use will not affect the health or safety of persons residing or working in the The proposed use of a horse will not affect the health or safety of person residing or working in the neighborhood. All pasture and barn areas will be maintained and kept The use will not be detrimental to the public welfare or injurious to property or The proposed use of a horse will not be detrimental to the public welfare or injurious to property or public improvements in the neighborhood. There will be adequate fencing to  prevent the horse from leaving the property unattended.  E.Potential Conditionals  The Board may place conditions on the use as part of the approval to assure adequate mitigation measures as associated with the use. The conditions shall become part of the Conditional Use Permit approval and shall be included in the final site plan application.  Potential Conditions:  Animal waste shall not be stored any closer than fifty (50) feet from any property  line or surface water not in the same ownership.  2    The area used grazing, exercising or training of said animals shall be securely  fenced to prevent the horse from straying.  G.A Attachments 1. Application 2. Zoning Map  3. Property Owner and Adjacent Property Owner Public Notice Letters  3        Planning Department General Application Form  (Notfor Site Plan Review Submittals)  Type of Action Requested: Appeal Conditional Use Permit Zoning Text Amendment  Variance Zoning Map Amendment  by  Applicant JACK d DEBBIG MASON Owner dAck & DEOGIE MASoN.  Address 3412 WsHyhws 321-PAddress  Same  -MaZalless Po, Bne: 267 Hdsas N2 28658  Hudsm NC 28638  Telephone 828- 396-5363 Legal relationship ofa applicant toj property owner.  Telephone  SAmE  Property location Taxp parcel 813A - Signature of Applicant Signature of Applicant For Staff Only: Filing Fee: $5D.0D Application No.: CuR-0l-I1  8912 us Hphwsy 321-A Zoning district RA-2o  SAIMRLS Acreage of Site gsacpo- reonk, punckesk 2.3+  03:35-1-54 3766-6778  acrts  Signature of Property Owner Mhghn - Signature of Property Owner Speh %. Masw  dhidAuim BYuan  Receipt #  Date Submitted (Complete): 3las/n    91944. RDE  *3:  COFS s  775. ,.1 : 1.   .7a7 opw  AMA  2RE-IC Towh oFSawmillslawh A' diw gres .  CONDITIONAL USE APPLICATION FORM  HAs Dbbxe Mehereby petition the Board of Adjustment for a  CONDITIONML. USE., PERMIT as. réquired. in. the Code_of Ordinances for the following. The location of the above-mentioned proposed use is indicated on. the accompanying site plan, andthe naturéof the Plopasedus'iymorenunly desaribeastolowse-. sd' ' le ist insgi do allw Mantemares 4 honc mn pr-egtm pestnre AN SAR-ahicL preveghhs bann (109Acres)  proposed property use: AAINTAIN) HORSE o PROPEeTY  M,Ahas.roirs, aabiwonsi  wmwoVgr 36 GEA9 AT ,  sst STREN (t fevois 50) 7 "APPROVADCRITERIA roithhs siski YA1 htek af." The Board of Adjustment does not have- unlimited discretion in deciding whethe to approve a conditional use: permit. The Code of Ordinances requires that the appliçant demonstrate successful compliance with several conditions to obtain a conditional usepermit. In the'spaces provided below, indicate the Partayertaradvpowse torconvince theBoard-that it can. properly readhteralbwingrequredeokelusions" uatnlad hAs ubson 91R3 aot Au Theproposdeondlional weMiotacveneyaliet the health or safety of persons  M 5:0 s 5aSiOPTRT CMESA noiteui 3isarywhs  residing or-working in the neighborhodofthe proposed use.  hondipe  A ptature ènd bak RKw wl  hagde holberd  saA hoayin asik.  to wiww Bny uneshbk Jmelk A Aon Fhepnatw 9i Menu will h heklk fo rmet per f pmp, eSa4A B. The ppedcundiioauewt. mdaremteBepali. ha's Fnteng.sl-patas hopst Bok. prerit Bmy Aulsance h MCAho.n Manas wrllbes datridg.. pubhc Phahut 35 Mwk Ar Mertuflok Q-2BAAPRAso  peshiyes Will he dleemel    C.ineproposed conditional use will not De mjurous to property or pupnc improvements  int the neighborhood.  Muotmon brd Qshni noT yedr  Shan' fAnopay R Any pu444 mpmem  D. Compliance with any other appliçable Sections pf this Ordinance. 0i GA 1 ascii * aoG StS 34h4  .3-.  D.TAMAITA 745  saiwollgl s xit sonaath h ah aiku 75 Ms 211 MTMO aly siis RiCaRquoNs sil na brthhibni 2  bizuapin Mancun 34 ds 313 rijroel ydr Icertify that all of the information-presented int Masplation.is.gunaic to the best. ofmy.  5941433  334:-1 : AsB.  wh.a7 X76 Epci  knowledge; information, and belief. STA 3      -  sais  oeh KMww AKNE Signature of Property Owner  adple  The Board may place conditions onithe'use requested as part of the approval to assure that #von u "schsdgy snibrs fii sohemaih bosiming vad 1, 3 Ss-wbptr Ipna at" Requiredb sDse st Isih asripas esribnos ix sho aft tiss DT lacosthaos *Feent &. isg sEn Issoitibaos & siatdo 0 encilibaos isisvs fviv ealigsons wtassosg a * Peseirfemielespheauie aepIsapiaeisaNe adi puini walad baves Fees are nonrefundable and help to covetadmansatvsean.ngifneaiepseskan vhss ORIA is isd "A dinsak sahs MN snvis 1on th $933 iaslag3 bwsoryey PAT ah Schediled BoardefAdjustment BublicHearing date: 1Ol8/lus shuelsis39.  adequate mitigation measures are associated with the use.  ,3 GASTAFRVSP.9NL.Xus a * f gahha N 241ins  Toplourcil  Dates advertised in newspaper: 2/367 and 9720777 Date written-netices mailed: 8/30/LL sahash-)    Bs.  Courcil decisioni aest K SL Pw4 4 Sa asi Ma FakVk  aka  M55 4A41.4  Conditions:  3 S a3   MrANS  TsbosNs hs  s  nni 1.  L 2  AB  Date written.notice.sent: to applicant;  -  Bssa    OFSAW  MAYOR Bob Gibbs TOWN ADMINISTRATOR Seth Eckard  TOWN COUNCIL Beverly. Fry Joe Norman Donnie Potter Joe Wesson  Gerelene Blevins, Mayor Pro-Tem  ORPORATED 8  October 3, 2011 Jack & Debbie Mason PO Box 267 Hudson, NC 28638  RE: Conditional Use Permit Application Dear Mr. and Mrs. Mason,  The Sawmills Town Council will hold a quasi-judicial public hearing on October 18, 2011 at 6:00 PM at the Sawmill Town Hall to review your request for a Conditional Use Permit. for a horse on property. you own at 3912 US Highway 321 A, Hudson, NÇ and more specifically  identified as NCPIN2666-67-1789.  Please let me know if you have any questions. Ican be reached at linesQbenchmarkplanning.com or 800- 650-3925.  Sinçerely,  Emily Hines Town Planner Town ofSawmills  Town ofSawmills http:/www.townofsawmills.com  4076 US Highway 321-A * Sawmills NC * (828)396-7903 (828)396-8955 fax    OF SAW  MAYOR Bob Gibbs TOWN ADMINISTRATOR Seth Eckard  TOWN COUNCIL Beverly Fry Joe Norman Donnie Potter Joe Wesson  Gerelene Blevins, Mayor Pro-Tem  APORATED  October3,2011 Robbin &. James Osborne 5395 Gunpowder Drive Hickory, NC28601  RE: Conditional Use Permit Application Dear Mr. and Mrs. Osborne,  Propertyyou own is adjacent to property requesting a Conditional Use Permit for a horse. Jack and Debbie Mason are requesting the Conditional Use Permit for property they own located at 3912 US Highway 321 A, Hudson, NC and more specifically identified as NC PIN 2666-67- The Sawmills Town Council will hold a quasi-judicial public hearing on October 18, 2011 at 6:00 PM at the Sawmill Town Hall to review this request. This request will not change the zoning of your property. You are being notified as an adjacent property owner. You are invited to come to the quasi-judicial public hearing on October 18, 2011 to present any  1789. The property is zoned RA-20.  pertinent facts to the Council for or against the request. Please let mel know if you have any questions. Ican be reached at ellinesQbenchmarkplanning.com or 800- 650-3925.  Sincerely,  Emily Hines Town Planner Town of Sawmills  Town of Sawimills http/www.lownotsawmilis.com  4076 US Highway 321-A * Sawmills NC *(828)396-7903 (828)396-8955 fax  The Towa of Sawmills does not discriminate ont the basis ofage, sex, race, religion, natonal origin, disability, political affiliation, or marital status.    OF SAW  MAYOR Bob Gibbs TOWN ADMINISTRATOR Seth Eckard  TOWN COUNCIL Beverly Fry Joel Norman Donnie Potter Joe Wesson  Gerelene Blevins, Mayor Pro-Tem  DAPORATED  October 3, 2011 Earl Russell & Johnsie Woods 3890 Hwy 321-A Hudson, NC 28638  RE: Conditional Use Permit Application Dear Mr. and Mrs. Woods,  Property you own is adjacent to property requesting a Conditional Use Permit for a horse. Jack and Debbie Mason are requesting the Conditional Use Permit for property they own located at 3912 US Highway 321 A, Hudson, NC and more specifically identified as NC PIN 2666-67- The Sawmills Town Council will hold a quasi-judicial public hearing on October 18, 2011 at 6:00 PM at the Sawmill Town Hall to review this request. This request will not change the zoning of your property. You are being notified as an adjacent property owner. You are invited to çome to the quasi-judicial public hearing on October 18, 2011 toj present any  1789. The property is zoned RA-20.  pertinent facts to the Council for or against the request. Please let me know if you have any questions. Ican be reached at hines@benchmarkplanningcom or 800- 650-3925.  Sincerely,  Emily Hines Town Planner Town of Sawmills  Town of Sawmills psasmmlscn  4076 US Highway: 321-A * Sawmills NC-(828)396-7903 *(828)396-8955 fax  The Town of Sawmills does not discriminate ont the basis of age, sex, race, religion, national origin, disability, political affiliation, or marital status.    MAYOR Bob Gibbs TOWN ADMINISTRATOR Seth Eckard  TOWN COUNCIL Beverly Fry Joe Norman Donnie Potter Joe Wesson  Gerelene Blevins, Mayor Pro-Tem  P  PORATED  October 3,2011 Gary Bolick 14Trey Court Granite Falls, NC28630  RE: Conditional Use Permit Application  Dear Mr. Bolick,  Property you oWn is adjacent to property requesting a Conditional Use Permit for a horse. Jack and Debbie Mason are requesting the Conditional Use Permit for property they own located at 3912 US Highway 321 A, Hudson, NC and more specifically identified as NC PIN 2666-67- The Sawmills Town Council will hold a quasi-judicial public hearing on October 18, 2011 at 6:00 PM at the Sawmill Town Hall to review this request. This request will not change the zoning of your property. You are being notified as an adjacent property owner. You are invited to come to the quasi-judicial public hearing on October 18, 2011 toj present any  1789. The property is zoned RA-20.  pertinent facts to the Council for or against the request. Please let me know if you have any questions. Ican be reached at hines@benchmarkplanning.com or 800- 650-3925.  Sincerely,  Emily Hines Town Planner Town of Sawmills  Town of Sawmills itip/www.townotsawmills.com  4076 US Highway 321-A * Sawmills NÇ * (828)396-7903 *(828)396-8955 fax  TheTownofSawmils: does not discriminate ont the basis ofage, sex, race, religion, national origin, disability, political affiliation, or marital status.    MAYOR Bob Gibbs TOWN ADMINISTRATOR Seth Eckard  TOWN COUNCIL Beverly Fry Joel Norman Donnie Potter Joe Wesson  OFSANI d So e OAPORATED 19  Gerelene Blevins, Mayor Pro-Tem  October 3, 2011 Bobby Neil Holden 38501 Holden Place Hudson, NÇ 28638  RE: Conditional Use Permit Application  Dear Mr. Holden;  Property you own is adjacent to property requesting a Conditional Use Permit for a horse. Jack and Debbie Mason are requesting the Conditional Use Permit for property they own located at 3912 US Highway 321 A, Hudson, NÇ and more specifically identified as NC PIN 2666-67- The Sawmills Town Council will hold a quasi-judicial public hearing on October 18, 2011 at 6:00 PM at the Sawmill Town Hall to review this request. This request will not change the zoning of your property. You are being notified as an adjacent property owner. You are invited to come to the quasi-judicial public hearing on October 18, 2011 toj present any  1789. The property is zoned RA-20.  pertinent facts to the Council for or against the request. Please let me know if you have any questions. Ican be reached at imsdhmminglmnsn or 800- 650-3925.  Sincerely,  Emily Hines Town Planner Town of Sawmills  Town of Sawmills pmbammikcn  4076 US Highway 321-A * Sawmills NC *(828)396-7903 *(828)396-8955 fax  The7 Town of Sawmills does not discriminate on the basis ofage, sex, race, religion, national origin, disability, politiçal affiliation, or marital status.    MAYOR Bob Gibbs TOWN ADMINISTRATOR Seth Eckard  TOWN COUNCIL Blevins, Mayor Pro-Tem Beverly Fry Joe Norman Donnie Potter Joe Wesson  Gerelenè   U  PORATED  October3 3,2011 Clarence & Toye Holden 2191 Norwood StSW Lenoir, NC 28645  RE: Conditional Use Permit Application Dear Mr. and Mrs. Holden,  Property you own is adjacent toj property requesting a Conditional Use Permit for a horse. Jack and Debbie Mason are requesting the Conditional Use Permit for property they own located at 3912 US Highway 321 A, Hudson, NC and more specifically identified as NC PIN 2666-67- The Sawmills Town Council will hold a quasi-judicial public hearing on October 18, 2011 at 6:00 PM at the Sawmill Town Hall to review this request. This request will not change the zoning of your property. You are being notified as an adjacent property owner. You are invited to come to the quasi-judicial public hearing on October 18, 2011 to present any  1789. The property is zoned RA-20.  pertinent facts to the Council for or against the request. Please let me know if you have any questions. Ican be reached at Mmersnuasimncen or 800- 650-3925.  Sincerely,  Emily Hines Town Planner Town of Sawmills  Town of Sawmillls nttpy/www.townotsawmills.com  4076 US Highway 321-A * Sawmills NC *(828)396-7903 (828)396-8955 fax  The' Town ofSawmills does not discriminate ont thel basis of age, sex, race, religion, national origin, disability, political affiliation, or marital status.    MAYOR Bob Gibbs TOWN ADMINISTRATOR Seth Eckard  TOWN COUNCIL Beverly Fry Joel Norman Donnie Potter Joe Wesson  CER  Gerelene Blevins, Mayor Pro-Tem  APORATED1  October 3, 2011 Harry & Myra Hudson 16206 Laurel Ridge Drive Laurel, MD 20707  RE: Conditional Use Permit Application Dear Mr. and Mrs. Holden,  Property you own is adjacent to property requesting a Conditional Use Permit for a horse. Jack and Debbie Mason are requesting the Conditional Use Permit for property they own located at 3912 US Highway 321 A, Hudson, NC and more specifically identified as NC PIN 2666-67- The Sawmills Town Council will hold a quasi-judicial public hearing on October 18, 2011 at 6:00 PM. at the Sawmill Town Hall to review this request. This request will not change the zoning of your property. You are being notified as an adjacent propertyowner. You are invited to come to the quasi-judicial public hearing on October 18, 2011 to present any  1789. The property is zoned RA-20.  pertinent facts to the Council for or against the request. Please let me know ifs you have any questions. Ican be reached at MnhsmisamNEan or 800- 650-3925,  Sincerely,  Emily Hines Town Planner Town of Sawmills  Town of Sawmills pabpmohsmiscemn  4076 US Highway 321-A * Sawmills NC"(828)396-7903 (828)396-8955 fax  The Towno ofSawmills does not discriminate on the basis ofage, sex, race, religion, national origin, disability,political affiliation, or marital status.    MAYOR Bob Gibbs TOWN ADMINISTRATOR Seth Eckard  TOWN COUNCIL Pro-Tem Mayor Beverly Fry Joe Norman Donnie Potter Joe Wesson  Gerelene Blevins,      APORATED  October 3, 2011 Marjorie Holden 3908 Hwy 321-A Hudson, NC28638  RE: Conditional Use Permit Application  Dear Mrs. Holden,  Property you own is adjaçent to property requesting a Conditional Use Permit for a horse. Jack and Debbie Mason are requesting the Conditional Use Permit for property they own located at 3912 US Highway 321 A, Hudson, NC and more specifically identified as NC PIN 2666-67- The Sawmills Town Council will hold a quasi-judicial public hearing on October 18, 2011 at 6:00 PM at the Sawmill Town Hall to review this request. This request will not change the zoning of your property. You are being notified as an adjacent property owner. You are invited to. come to the quasi-judicial public hearing on October 18, 2011 to present any  1789. The property is zoned RA-20.  pertinent facts to the Council for or against the request. Please let me know if you have any questions. Ican be reached at indhstnigamnsan or 800- 650-3925.  Sincerely,  Emily Hines Town Planner Town of Sawmills  Town of Sawmills http/www.townofsawmills.com  4076 US Highway 321-A *S Sawmills NC *(828)396-7903 *(828)396-8955 fax  The' Town ofSawmills does not discriminate on thel basis of age, sex, race, religion, national origin, disability, political affiliation, or marital status.    MAYOR Bob Gibbs TOWN ADMINISTRATOR Seth Eckard  TOWN COUNCIL Beverly Fry Joe Norman Donnie Potter Joe Wesson  DFSAWI os APORATED  Gerelene Blevins, Mayor Pro-Tem  October 3, 2011 Judy S Keller 3900 Holden Place Hudson, NC 28638  RE: Conditional Use Permit Application  Dear Mrs. Keller,  Property you own is adjaçent to property requesting a Conditional Use Permit for al horse. Jack and Debbie Mason are requesting the Conditional Use Permit for property they own located at 3912 US Highway 321 A, Hudson, NC and more specifically identified as NC PIN 2666-67- The Sawmills Town Council will hold a quasi-judicial public hearing on October 18, 2011 at 6:00 PM at the Sawmill Town Hall to review this request. This request will not change the zoning of your property. You are being notified as an adjacent property owner. You are invited to çome to the quasi-judicial public hearing on October 18, 2011 to present any  1789. Thej property is zoned RA-20.  pertinent facts to the Council for or against the request. Please let me know if you have any questions. Ican be reached at nedhmstmussimamzn or 800- 650-3925.  Sincerely,  Emily Hines Town Planner Town ofSawmills  Town of Sawmills Pmamdsmlsene  4076 US Highway 321-A * Sawmills NC-(828.396-7903 *(828)396-8955 fax  The Town of Sawmills does not discriminate ont the basis of age, sex, race, religion, national origin, disability, political affiliation, or marital status.    Agenda Item 8  OFSATINT  a  CORPORATED  Town of Sawmills Staff Report October 13, 2011 TO: FROM:  October 18, 2011 Town Council Meeting  Mayor and Town Council Emily Hines, Town Planner household hazardous waste  SUBJECT: Consideration of a Conditional Use Permit for Wholesale storage  A. Actions Requested by Town Council 1. Motion to accept the evidence as presented 2. Motion to approve the Finding of] Facts Identification Number 2776-24-8991. B.F Required Votes to Pass Requested Action A majority vote is required to pass the requested action.  3. Motion to approve (approve with conditions) (deny) the Conditional Use Permit for Wholesale storage ofhousehold hazardous waste at the property indentified as Parcel  C.B Background Property Owner:  Gary & Barbara Sparks 3220 Taylorsville Road Lenoir, NC28645    Applicant:  STAT, Inc 3062 Elil Lane Hudson, NC28638 Spartan Drive 2776-24-8991 2.67 acres HB  Property Address: Property Parcel Number: Parcel Size: Zoning District: Proposed Use:  Wholesale storage of household hazardpus waste  The Sawmills Zoning regulations require a Conditional Use Permit must be approved by the Town Council to have wholesale storage of gasoline and oil products, including bottled gas and oxygen. The applicant is requesting approval for a household hazardous  waste site. D.F Findings of Fact  To grant a permit for a Conditional Use the following finding of fact must all be found in 1. The use will not affect the health or safcty of persons residing or working in the 2. The use will not be detrimental to the public welfare or injurious to property or public  the affirmative by the Town Council. neighborhood oft the proposed use. improvements in the neighborhood. E.S Staff Recommended Findings of Fact neighborhood ofthe proposed use.  The use will not affect the health or safety of persons residing or working in the The proposed use ofal household hazardous waste site will not affect the health or safety of the persons residing or working in the neighborhood. The site is only a drop-off The use will not be detrimental to the public welfare or injurious to property or The proposed use ofal household hazardous waste site will not be detrimental to public welfare or injurious to property or public improvements in the neighborhood. The majority of the properties in the area are industrial uses. The proposed use will benefit the Town as a whole by removing some hazardous waste from the area landfills.  location. No permanent disposal will be done at this site. public improvements in the neighborhood.  2    F.F Potential Conditionals  The Board may place conditions on the use as part of the approval to assure adequate mitigation measures as associated with the use. The conditions shall become part of the Conditional Use Permit approval and shall be included in the final site plan application.  Potential Conditions: G.A Attachments 1. Application 2. Zoning Map  No disposal ofl hazardous on site. Drop off location only.  3. Property Owner and Adjacent Property Owner Public Notice Letters  3    a a    ORSART  Planning Department Gènéral Application Form  (NotforSite Plan Review Submittals)  Type of Action Requested: Appeal Conditional Use Permit Zoning' Text Amendment Address Bola Eklare Hdsn,NCANs  Variance Zoning Map Amendment  Applicant STkTogngler Owner Barny SpaledBobr  Address. B93DQynsilud. Lenoir,NC &xd45  Telephone 8a6-846-2204 Telephone. MA6-754-835 Legal relationship ofapplicant to property owner. Same Taxparcel 434915Bmig district HB  Property location Spavmn Dvive Hudso,NC asb35  Agreage ofSite_ a.67  auyni lieant  1 Signatu  Owner  hz  Signature of Applicant For StaffOnly; Filing Fee: $50.00  Signature ofProperty Owner  Receipt #.  Application No.: CuR-03-IL Date Submitted (Complete):    OF SAW wo e  Town of Sawmills  CONDITIONAL USE APPLICATIONFORM  Barny Spovis  hereby petition the Board of Adjustment for a  CONDITIONAL USE/PERMIT as required in the Code of Ordinances for the following The location of the above-mentioned proposed use is indicated on the accompanying site plan, Husehold Hazaxdas WOSK Sk Ac Caldwil  proposed property use: HHW Sik  and the nature of the proposed use is more fully describedasf follows:  Ond adpining (aunkes.  APPROVAL CRITEREA  The Board of Adjustment does not have unlimited discretion in deciding whether to approve a conditional use permit. The Code of Ordinances requires. that the. applicant demonstrate. successfiul compliance with several conditions to obtain a conditional use permit. In the spaces provided below, fidicate the-facts that you intend to provide to convince the Board thât it can A. Theproposed conditional use will not adversely affect the health or safety of persons residing or working in the meighborhood ofthe proposed use. MD 't Wilnok. Ttwill juNadupoft ocohbn. hny AegdlwillOmn-.  properly teach thie following required conclusions:  dosignid TSDF.  B. The proposed conditional use will not be detrimental to the public. Mo it will OChiallu heroht MLACTL WIl hfx Me Ch7en o (oidwell (nysono Honorddus Wosk will And upinaur landhlls    C. The proposed conditional use will not be injurious to property or public improvements Awillbencht HL paperhy andl malg i Dani  in the neighborhood.  Anc impye Me layt.  D. Compliance ewith any other applicable Sections of this Ordinance.  wewill De incomplancw Ony ordimnee  Motis Applifobw.  Icertify that all of the information presented in this àpplication is accurate to the best of my  knowledge, information, and belief.  ALE  The Board may place conditions on the. use requested as part of the approval to assure. that  adequate mitigation measures are associated with the use.  Required: a Feè:  Please refer to fee schedule to determine applicable fees.  Fèes are nonrefundable and help to cover administrative and notification costs.  STAFE USE ONLY  bonlarrél  Scheduled BoattufAujustment Public Hearing date: 10/18/  Dates advertised in newspaper: Date writfen notices mailed: Council decision: Conditions:  and  Date written notice sent to applicant:    OFSAWI  MAYOR Bob Gibbs TOWN ADMINISTRATOR Seth Eckard  TOWN COUNCIL Beverly Fry Joel Norman Donnie Potter Joe Wesson  Gerelene Blevins, Mayor Pro-Tem  ORPORATED 8  October 3, 2011 Garry & Barbara Sparks 3320 Taylorsville Road Lenoir, NC28645  RE: Conditional Use Permit Application Dear Mr. and Mrs. Sparks,  The Sawmills Town Council will hold a quasi-judicial public hearing on October 18, 2011 at 6:00 PM at the Sawmill Town Hall to review your request for a Conditional Use Permit for a household hazardous waste site. This property is located at on Spartan Drive and more is  specificallyidentified as NCPIN2776-24-891. Please let mel know if you have any questions. Ican be reached at hines@benchmarkplanning.com or 800- 650-3925.  Sincerely,  Emily Hines Town Planner Town ofSawmills  Town of Sawmills pwvpomhsmilisen  4076 US Highway 321-A *Sawmills NC*(628396-7903 *(828)396-8955 fax  The Town of Sawmills does not discriminate ont the basis ofage,s sex, race, religion, national origin, disability, political affiliation, or marital status.    MAYOR Bob Gibbs TOWNA ADMINISTRATOR Seth Eckard  TOWN COUNCIL Beverly Fry Joe Norman Donnie Potter Joe Wesson  a  Gerelene Blevins, Mayor Pro-Tem  CORPORAIED  October 3, 2011 Ajay G Patel 280 Indian Trail Mooresville, NC: 28117  RE: Conditional Use Permit Application  Dear Mr. Patel,  Property you own is adjacent to property requesting a Conditional Use Permit for a household hazardous waste site. STAT, Inc is requesting the Conditional Use Permit for property located at on Spartan Drive and more specifically identified as NC PIN 2776-24-8991. The property is The Sawmills Town Council will hold a quasi-judicial public hearing on October 18, 2011 at 6:00 PM at the Sawmill Town Hall to review this request. This request will not change the zoning of your property. You are being notified as an adjacent property owner. You are invited to come to the quasi-judicial public hearing on October 18, 2011 to present any  zoned Highway Business.  pertinent facts to the Council for or against the request. Please let me know if you have any questions. Ican be reached at elhines@benchmarkplanning.com or 800- 650-3925.  Sincerely,  Emily Hines Town Planner Town of Sawmills  Town ofSawmills pbmhnlasey  4076 US Highway 321-A * Sawmills NC-(6828)396-7903 (828)396-89556 fax  The Town ofs Sawmills does not discriminate ont theb basis ofa age, sex, race, religion, national origin, disability, politiçal affiliation, or marital status.    Or OFsR  MAYOR Bob Gibbs TOWN ADMINISTRATOR Seth Eckard  TOWN COUNCIL Beverly Fry Joe Norman Donnie Potter Joe Wesson  Gerelene Blevins, Mayor Pro-Tem  ORPORATED  October 3, 2011 Mary Lou & Freelin Poore 3529 Hickory Blvd Hudson, NC28638  RE: Conditional Use Permit Application Dear Mr. and Mrs. Poore,  Property you own is adjacent to property requesting a Conditional Use Permit for a household hazardous waste site. STAT, Inc is requesting the Conditional Use Permit for property located at on Spartan Drive and more specifically identified as NC PIN 2776-24-8991. The property is The Sawmills Town Council will hold a quasi-judicial public hearing on October 18, 2011 at 6:00 PM at the Sawmill Town Hall to review this request. This request will not change the zoning of your property. You are being notified as an adjaçent property owner. You are invited to come to the quasi-judicial public hearing on October 18, 2011 toj present any  zoned Highway Business.  pertinent facts to the Council for or against the request. Please let mel know if you have any questions. Ican be reached at inschstnussnsn or 800- 650-3925.  Sincerely,  Emily Hines Town Planner Town of Sawmills  Town of Sawmills ppmhmlisen  4076 US Highway 321-A *Sawmills) NÇ *(828)396-7903 (828)396-8955 fax  The' Townd ofSawmills does not discriminate on thel basis ofage, sex, race, religion, national origin, disability.political. affiliation, or marital status.    MAYOR Bob Gibbs TOWN ADMINISTRATOR Seth Eckard  TOWN COUNCIL Beverly Fry Joe Norman Donnie Potter Joe Wesson  PFSIR OF  Gerelene Blevins, Mayor Pro-Tem  p  "CORPORATED 108P  October 3, 2011 STAT Incorporated 3062 Eli Lane Hudson, NC28638  RE: Conditional Use Permit Application  Dear Sir or Madam,  Property you own is adjacent to property requesting a Conditional Use Permit for a household hazardous waste site. STAT, Inc is requesting the Conditional Use Permit for property located at on Spartan Drive and more specifically identified as NC PIN2776-24-8991. The property is The Sawmills Town Council will hold a quasi-judicial public hearing on October 18, 2011 at 6:00 PM at the Sawmill Town Hall to review this request. This request will not change the zoning of your property. You are being notified as an adjacent property owner. You are invited to come to the quasi-judicial public hearing on October 18, 2011 to present any  zoned Highway Business.  pertinent facts to the Council for or against the request. Please let me know if you have any questions. Ican be reached at insdhsmstmanpmatcen or 800-6 650-3925.  Sincerely,  Emily Hines Town Planner Town ofSawmills  Town of Sawmills http/www.townofsawmilis.com  4076 US Highway 321-A *Sawmills! NÇ* (828)396-7903 (828)396-8955 fax  The Town ofSawmills does not discriminate ont thel basis of age, sex, race, religion, national origin, disability, political affiliation, or marital status.    MAYOR Bob Gibbs TOWN ADMINISTRATOR Seth Eckard  TOWN COUNCIL Beverly Fry Joe Norman Donnie Potter Joe Wesson  a  Gerelene Blevins, Mayor Pro-Tem  "CORPORATED 98  October 3, 2011 Timothy Sweat 3047 Eli Lane Hudson, NC: 28638  RE: Conditional Use Permit Application  Dear Mr. Sweat,  Property you own is adjacent to property requesting a Conditional Use Permit for a household hazardous waste site. STAT, Inc is requesting the Conditional Use Permit for property located at on Spartan Drive and more specifically identified as NC PIN 2776-24-8991. The propertyis The Sawmills Town Council will hold a quasi-judicial public hearing on October 18, 2011 at 6:00 PM at the Sawmill Town Hall to review this request. This request will not change the zoning of your property. You are being notified as an adjacent property owner. You are invited to come to the quasi-judicial public hearing on October 18, 2011 to present any  zoned Highway Business.  pertinent facts to the Council for or against the request. Please let me know ify you have any questions. Ican be reached at insdhmaimirtsamancn or 800- 650-3925.  Sincerely,  Emily Hines Town Planner Town ofSawmills  Town of Sawmills pamsmlses  4076 US Highway 321-A *S Sawmills NC *(828)396-7903 *(828)396-89556 fax  The Town of Sawmilis does not discriminate on the basis of age, sex, race, religion, national origin, disability, political affiliation, or marital status.    MAYOR Bob Gibbs TOWN ADMINISTRATOR Seth Eckard  TOWN COUNCIL Beverly Fry Joe Norman Donnie Potter Joe Wesson  R  Gerelene Blevins, Mayor Pro-Tem  COAPORATED ABA  October 3, 2011 Jeffery Whitson 4084 Prosperity Lane Hudson, NC28638  RE: Conditional Use Permit Application  Dear Mr. Whitson,  Property you own is adjacent to property requesting a Conditional Use Permit for a household hazardous waste site. STAT, Inc is requesting the Conditional Use Permit for property located at on Spartan Drive and more specifically identified as NC PIN 2776-24-8991. The propertyis The Sawmills Town Council will hold a quasi-judicial public hearing on October 18, 2011 at 6:00 PM at the Sawmill Town Hall to review this request. This request will not change the zoning of your property. You are being notified as an adjacent property owner. You are invited to come to the quasi-judicial public hearing on October 18, 2011 to present any  zoned Highway Business.  pertinent facts to the Council for or against the request. Please let me know if you have any questions. Ican be reached at linsdhs.miccisminsan or 800- 650-3925.  Sincerely,  Emily Hines Town Planner Town ofSawmills  Town of Sawmills http/www.townofsawmills.com  4076 US Highway 321-A * Sawmills NC - (828)396-7903 (828)396-8955 fax  The Town ofSawmills docs not discriminate on the basis ofage, sex, race, religion, national origin, disability, political affiliation, or marital status.    MAYOR Bob Gibbs TOWN ADMINISTRATOR Seth Eckard  TOWN COUNCIL Beverly Fry Joe Norman Donnie Potter Joe Wesson  S   Gerelene Blevins, Mayor Pro-Tem  EORPORATED 989  October 3, 2011 David Beaver 6065 Spartan Drive Hudson, NC: 28638  RE: Conditional Use Permit Application  Dear Mr. Beaver,  Property you own is adjacent to property requesting a Conditional Use Permit for a household hazardous waste site. STAT, Inc is requesting the Conditional Use Permit for property located at on Spartan Drive and more specifically identified as NCPN277624891. The propertyi is The Sawmills Town Council will hold a quasi-judicial public hearing on October 18, 2011 at 6:00 PM at the Sawmill Town Hall to review this request. This request will not change the zoning of your property. You are beingnotified as an adjacent property owner. You are invited to come to the quasi-judicial public hearing on October 18, 2011 to present any  zoned Highway Business.  pertinent facts to the Council for or against the request. Please let me know if you have any questions. Ican be reached at Nadhsimussilmmncen or 800- 650-3925.  Sincerely,  Emily Hines Town Planner Town of Sawmills  Town of Sawmills http/www.townofsawmills.com  4076 US Highway 321-A * Sawmills NC *(828)396-7903 *( (828)396-8955 fax  The Town ofSawmills does not discriminate ont the basis ofa age, sex, race, religion, national origin, disability, political affiliation, or marital status.    OF FSAT     MAYOR Bob Gibbs TOWN. ADMINISTRATOR Seth Eckard  TOWN COUNCIL Beverly Fry Joe Norman Donnie Potter Joe Wesson  Gerelene Blevins, Mayor Pro-Tem  CORPORATED 986  October 3, 2011 David Beaver 6065 Spartan Drive Hudson, NC 28638  RE: Conditional Use Permit Application  Dear Mr. Beaver,  Property you own is adjacent to property requesting a Conditional Use Permit for a household hazardous waste site. STAT, Inc is requesting the Conditional Use Permit for property located at on Spartan Drive and more specifically identified as NC PIN 2776-24-8991. The property is The Sawmills Town Council will hold a quasi-judicial public hearing on October 18, 2011 at 6:00 PM at the Sawmill Town Hall to review this request. This request will not change the zoning ofyour property. You are being notified as an adjacent property owner. You are invited to come to the quasi-judicial public hearing on October 18, 2011 to present any  zoned Highway Business.  pertinent facts to the Council for or against the request. Please let me know if you have any questions. Ican be reached at cihinesQbenchmarkplanning.com or 800- 650-3925.  Sincerely,  Emily Hines Town Planner Town of'Sawmills  Town of Sawmills PsmlseN  4076 US Highway 321-A * Sawmills NC"/(828)396-7903 (828)396-8955: fax  The' Town of Sawmills does not discriminate ont thel basis of age, sex, race, religion, national origin, disability, political affiliation, or maritals status.    DFSAV  MAYOR Bob Gibbs TOWNADMINISTRATOR Seth Eckard  TOWN COUNCIL Beverly Fry Joe Norman Donnie Potter Joe Wesson  Gerelene Blevins, Mayor Pro-Tem  "CORPOBATED 1982  October 3, 2011 Thomas Jr & Lucy Cook 4161 Gladys Lane Hudson, NC28628  RE: Conditional Use Permit Application Dear Mr. and Mrs. Cook,  Property you own is adjacent to property requesting a Conditional Use  hazardous waste site. STAT, Inc is requesting the Conditional Use Permit for a household at on Spartan Drive and more specifically identified as NCI PIN Permit for property located  zoned Highway Business,  2776-24-8991. The property is  The Sawmills Town Council will hold a quasi-judicial  6:00 PM at the Sawmill Town Hall to review this public hearing on October 18, 2011 at  zoning of your property. You are  notified request. This request will not change the  being  as an adjacent propertyowner.  You are invited to come to the quasi-judicial public hearing on October pertinent facts to the Council for or against the Please lèt me know if you have any questions. Ican be reached at ansdbamdmusicinmninssn or 800- 650-3925.  18, 2011 to present any  request.  Sincerely,  Emily Hines Town Planner Town of Sawmills  Town of Sawmills  40761 US Highway 321-A' * Sawmills NC *(828)396-7903 *(828)396-8955 fax  The Town of Sawmills does not discriminate on thet owmuhawmilkse basis ofage, sex, race, religion, national origin, disability, political affiliation,  or marital status.    MAYOR Bob Gibbs TOWN ADMINISTRATOR Seth Eckard  TOWN COUNCIL Blevins, Mayor Pro-Tem Beverly Fry Joe Norman Donnie Potter Joe Wesson  Gerelene    "CORPORATED  October3 3, 2011 Sammie Gibbs 1840 Baton School Road Granite Falls, NC 28630  RE: Conditional Use Permit Application  Dear Mrs. Gibbs,  Property you own is adjacent to property requesting a Conditional Use Permit for a household hazardous waste site. STAT, Inc is requesting the Conditional Use Permit for property located at on Spartan Drive and more specifically identified as NC PIN 2776-24-8991. The propertyi is The Sawmills Town Council will hold a quasi-judicial public hearing on October 18, 2011 at 6:00 PM at the Sawmill Town Hall to review this request. This request will not change the zoning of your property. You are being notified as an adjaçent property owner. You are invited to come to the quasi-judicial public hearing on October 18, 2011 to present any  zoned Highway Business.  pertinent facts to the Council for or against the request. Please let me know if you have any questions. Ican be reached at hnsdhstmisasanEsn or 800- 650-3925.  Sincerely,  Emily Hines Town Planner Town of Sawmills  Town of Sawmills http/www.townofsawmills.com  4076 US Highway 321-A * Sawmills NC * (828)396-7903 * (828)396-8955 fax  The' Town of Sawmills does not discriminate ont thel basis ofage, sex, race, religion, national origin, disability, political affiliation, or marital status.    AGENDA ITEM 9  MEMO DATE: SUBJECT:  October 12, 2011 Financial Matters: Interlocal Agreement with Caldwell County to Extend the Sales Tax Reinvestment Agreement  as Amended  Discussion:  Enclosed in the agenda packets is a copy of the proposed Interlocal Agreement with Caldwell County to Extend the Sales Tax Reinvestment Agreement as Amended. Sawmills will go from paying $400,000.00 aycar to $280,000.00 a year reducing the contributions by 30 percent (30%) beginning in. Julyo of2013. The current program allows businesses up to five years to create jobs and the new agreement will allow one year to create the promised jobs which they will have to retain for an additional one year.  Taken out of the fund will be non-economic development projects as the County Commissioners have said they will use this fund for job creation only. This means the Railroad Commission, Stormwater Program, and the Interlocal Government line itcms will be taken out of the fund beginning in 2013. The only consequence with this change is Sawmills will now pay the City ofLenoir directly for our share  oft the Stormwater Program.  The anticipated cost of the program is somewhere around 7,000.00.515,000.00 a year as the current fund  pays for the Stormwater Program directly.  Recommendation:  Staffwould recommend Council approve the amended Interlocal Agreement with Caldwell County to Extend the Sales Tax Reinvestment Agreement for another four years beginning July 1,2013 and ending  June 30, 2017.    NORTH CAROLINA CALDWELLCOUNTY  AGREEMENT TO EXTEND SALES TAX REINVESTMENT AGREEMENT  This Agreement to Extend Sales Tax Re-Investment Agreement is entered into by and among CALDWELL COUNTY ("the County"), a political subdivision of the State of North Carolina, and TOWN OF GAMEWELL ("Gamewel!"), TOWN OF SAWMILLS ("Sawmills"), TOWN OF CAJAH'S MOUNTAIN ("Cajah's Mountain"), TOWN OF HUDSON ("Hudson"), TOWN OF GRANITE FALLS ("Granite Falls") and CITY OF LENOIR ("Lenoir"), all being North Carolina municipal corporations.  WITNESSETH:  WHEREAS, in March of 2002, the County, Gamewell, Sawmills, Cajah's Mountain, Hudson, and Granite Falls entered into an Interlocal Agreement ("the Agreement") that established a special appropriation fund to be funded by the municipalities and administered by the County ("the Fund"), and also established an Intergovemmental Advisory Board to maké recommendations to the County Board of  Commissioners concerning expenditures oft monies in the fund; and  WHEREAS, the Agreement has come to be referred to as the "sales tax reinvestment agreement", the fund established thereby has come to be known as the "sales tax reinvestment fund" and the advisory board has come to be known as the "sales  tax reinvestment committee"; and  WHEREAS, in August of 2009 all of the parties to the Agreement and Lenoir entered into Amendment #1 to the Agreement whereby Lenoir was added as a party; the Agreement was extended through June 30, 2013; the municipalities' respective    contributions to the Fund were increased and the timing of those contributions was  altered; and  WHEREAS, all of the parties have agreed to extend the Agreement, as amended by Amendment #1, for a period of four (4) additional years from July 1, 2013 through June 30, 2017, and to make certain modifications that will apply only during the four (4)  additional years:  NOW,THEREFORE, for and in consideration of the mutual covenants contained  herein, the parties agree and contract as follows:  1. The Agreement, as amended by Amendment #1, is extended for a period  off four (4) additional years, from July 1,2013 through June 30, 2017.  2.  During the four (4) additional years only, the municipalities' respective  annual contributions to the Fund shall be the following:  Gamewell Sawmills Granite Falls - Hudson Cajah's Mountain- Lenoir- ANNUAL TOTAL  $273,000.00 280,000.00 40,000.00 40,000.00 224,000.00 10,000.00 $867,000.00  3. During the four (4) additional years only, funding from the Fund for stormwater management activities, Caldwell Railroad Commission administration, and intergovernmental marketing will cease, leaving only economic development activities to  be funded from the Fund.  4. During the four (4) additional years only, should the sales tax revenues fall toal level below the level experienced at the time of this Agreement, each municipality shall retain the right to request that their contribution be lowered. The request must be  2    submitted to the County Board of Commissioners no later than January 315t. Ifapproved, the lowered contribution would take effect in the following fiscal year, for the payment due to the County in July. Upon obtaining a request to lower the contribution amount the County shall analyze the actual sales tax receipts of each member and determine if a reduction in the contribution is warranted. The ultimate authority on whether or not to reduce the contribution from a municipality shall rest with the County Board of  Commissioners.  5. The Agreement, as amended by Amendment #I, remains in full force and effect without modification through June 30, 2013. Except as expressly modified by this Agreement, the. Agreement, as amended by Amendment #I,. remains in full force and effect during the additional four (4) year period from July 1,2013 through June 30, 2017.  CALDWELL COUNTY  By::  Chairman, Board of County Commissioners  Entered into by Caldwell County pursuant to Resolution adopted by the Caldwell  County Board ofCommissioners on the dayo ofOctober, 2011.  TOWN OF GAMEWELL  By:  Mayor  Entered into by the Town of Gamewell pursuant to Resolution adopted by the  Gamewell Town Council on the day ofOctober, 2011.  3    TOWN OF SAWMILLS  By:  Mayor  Entered into by the Town of Sawmills pursuant to Resolution adopted by the  Sawmills Town Council on the day of October, 2011.  TOWN OF CAJAH'S MOUNTAIN  By:. Mayor  Entered into by the Town of Cajah's Mountain pursuant to Resolution adopted by  the Cajah's Mountain Town Council on the day of October, 2011.  TOWN OF HUDSON  By:  Mayor  Entered into by the Town of Hudson pursuant to Resolution adopted by the  Hudson Town Council on the dayofOctober, 2011.  TOWN OF GRANITE FALLS  By:  Mayor  Entered into by the Town of Granite Falls pursuant to Resolution adopted by the  Granite Falls Town Council on the dayofOctober, 2011.  4    CITY OF LENOIR  By:  Mayor  Entered into by the City of Lenoir pursuant to Resolution adopted by the Lenoir  City Council on the day ofOctober, 2011.  5    Agenda Item 10A  OFSAW  "COAPORATED  Town of Sawmills Staff Report October 13, 2011 TO: FROM:  October 18, 2011 Town Council Meeting  Mayor and' Town Council Members Emily Hines, Town Planner  SUBJECT: Consideration of an amendment to the Sawmills Zoning Map from  Highway Business to Residential High Density  A. Action Requested by Town Council  Motion to set the Public Hearing date of November 15, 2011 for the rezoning request of property identified as 2669 Mission Road and more specifically identified as 2766-75-  6689 from Highway Business to Residential High Density B. Required Votes to Pass Requested Action A majority vote is required to pass the requested action.  C.Background  Property Owner/Applicant:  Roger and Cynthia Bumgarner 2669 Mission Road Hudson, NC 28638 2669 Mission Road 2766-75-6689  Property Address: Property Parcel Number:    Parcel Size:  .94 acres  Existing Zoning District: Proposed Zoning District: D.R Recommendation  H-B, Highway Business R-15 Residential High Density  At their meeting on October 11, 2011, the Planning Board recommended that the request is reasonably necessary to the promotion of the public health, safety, and general welfare of the Town of Sawmills. They also recommended approval of the rezoning request for the property identified as 2669 Mission Road and more specifically identified as 2766-  75-6689. Both motions passed unanimously.  E.A Attachments 1. Application 2. Zoning Map  2        Agenda Item 10B  DTSATTE  OAPORATED 99  Town of Sawmills Staff Report October 13, 2011 TO: FROM:  October 18, 2011Town Council Meeting  Mayor and Town Council Emily Hines, Town Planner  SUBJECT: Consideration ofa Conditional Use Permit for an Accessory Dwelling  A. Action Requested by Town Council  Motion to set the Quasi-Judicial Public Hearing date of November 15, 2011 for the  proposed Conditional Use Permit for an accessory dwelling B.R Required Votes to Pass Requested Action A majority vote is required to pass the requested action.  C.B Background Property Owner:  Gay Barr Campbell 1373 May Road Granite Falls, NC28630 Ronald McCracken 1369 May Road Granite Falls, NC28630 May Road  Applicant:  Property Address:    Property Parcel Number: Parcel Size: Zoning District: Proposed Use:  2755-97-8343 2.669 acres RA-20  Accessory Dwelling  The Sawmills Zoning regulations require a Conditional Use Permit must be approved by the Town Council to have an accessory dwelling. The applicant is requesting approval  for an accessory dwelling for a family member.  D.A Attachment Zoning Map  2        AGENDA ITEM 10C  MEMO DATE: SUBJECT:  October 12, 2011 Planning Matters: Planning Commission Appointments  Discussion:  As you may recall, during the September 20, 2011 Council meeting Town Planner Emily Hines stated that there are two vacant seats open for Alternate Planning Commission members and she recommended appointing one from inside the Town Mayor Gibbs asked the Council think of some recommendations to fill the two  limits and one from the E.T.J. (Extra-Territorial Jurisdiction).  vacancies as alternates on the Planning Commission.  Recommendation:  Staffwould recommend Council decide whom they would like to serve as alternate members ofthe Planning Commission and make those recommendations at the  October 18, 2011 regular Council meeting.    AGENDA ITEM 11A  MEMO DATE: SUBJECT:  October 12, 2011 Updates: Code Enforcement Monthly Report  Discussion:  Mayor Bob Gibbs will update the Council on the attached report showing the progress that Sawmills Code Enforcement Officer Tony Cline Continues to make  throughout the town.  Recommendation: No Council action is required.