HITEV EE 1833  MINUTES  City Council Special Meeting 12:30 p.m. Monday, May3, 2021 317 S. Madison Street, Whiteville, NC, 28472  The City Council Special Meeting of the City of Whiteville was called to order on Monday, May 3, 2021, at 12:30 p.m., at: 317 S. Madison Street, Whiteville, NC, 28472. Advisement of Virtual Meeting. This meeting was made available in a virtual  environment. 1) ROLL CALL PRESENT: ABSENT:  Terry Mann, Jimmy Clarida, Tim Collier, and' Vickie Pait Justin Smith, Tim Blackmon, and Kevin Williamson  OTHERS IN ATTENDANCE: Darren Currie, City Manager/Carlton Williamson, City Attorney/Bonnie Williams, City Clerk/Robert Lewis, Planning Director/Crystal Strickland, Permit Technician/Roger Lee, Building Inspector/Madison Ward, Economic Development Planner/Hal Lowder, Emergency Services Director/Planning: & Zoning Board Members: Carol Caldwell, John Barkley, Janice Young, Sheila Mills, Freddie Edwards, Sammie Jacobs, Robert White, Jerry Ganus, Doug SpveywWithersRavenal staff:  Meredith Gruber, Karen Mallo, and Bob Chandler 2) CALL TO ORDER by Mayor Mann at 1:26 pm.  3) PURPOSE OF MEETING: Notice is hereby given that the City of Whiteville Planning Board and Whiteville City Council will hold aj joint meeting to discuss land use ordinance amendments regarding Chapter 160D on Monday, May 3rd, 2021 at 12:30 PM at 317 S. Madison St. in Whiteville. No decision on the amendments presented willl be made at Mayor Mann deferred the meeting to Mr. Lewis. Mr. Lewis introduced WithersRavenel staff, Meredith Gruber and Karen Mallo. Ms. Gruber began their presentation pertaining to the NCGS Chapter 160D changes. She and Ms. Mallo reviewed the following points in their presentation: -These changes are required by State law and combines and consolidates previous city regulations in Chapter 160A and county regulations in Chapter 153A with an Ordinance deadline of. July 1, 2021. -Important elements that have change, such as conflicts ofi interest, Oath of Office, Conditional Use changed to Special Use Permit, Conditional Zoning is permitted, minor administrative modifications for development approvals, permit choice and vested rights, comprehensive plan required, and updates to minimum housing. -Updates to Land Use Chart and supplemental standards. -Regarding conflicts of interest and the Oath of Office: clarifies rules for conflicts of interests regarding financial, relationship, ex parte for quasi judicial meetings, and for staff, elected officials, and board members. Addressed provisions when conflicts of interest arise in recusal and objectives, and other members of Board vote to excuse. Oath of Office is -Regarding Conditional Zoning and Special Use Permits: The elimination of the two-step process, cannot mix legislative and quasi judicial processess. Conditional Zoning replaces Conditional Use District zoning  this meeting.  required for all appointed boards.    and creates site-specific regulations. The Special Use Permit replaces the Conditional Use Permit, iti is a quasi judicial process, and the use Regarding Minor Adminsitrative modifications: Minor modifications to development approvals may be administratively approved when the amount of change is clearly specified in the ordiance and need for change must meet certain criteria. A change of use or changes in density are considered major modifications and will require approval by standard process used fori initial approval. An administrator may not make modifications to ordinance requirements. Regarding Permit Choice and Vested Rights: This change protects the rights and investment of an applicant by giving a choice or vesting rights should the City change the rules during or after the application process. Permit choice is when the applicants submits, but before a decision is made, the rule is changed. The applicant can choose which version of rule applies to the subject application. Vested rights is where a subsequent change in a regulations occur, they do not apply to valid approval. A site-specific vesting plan gives the owner the rightt to undertake and complete the development and use of the property under the terms and conditions of the site-specific vesting plan, including any -Regarding a Future Land Use Comprehensive Plan: The new Chapter 160D states that as a condition of having zoning, al local government shall adopt and reasonably maintain a comprehensive plan or land use Regarding Minimum Housing: The new Chapter 160D changes the process and requirements and must adhere to Chapter 160D-1203.. A hearing must be held to determine if the repair, alteration, or improvement of the dwelling can be made at at reasonable cost in relation to the value of the dwelling. The ordinance may fix a certain percentage oft this value as being reasonable. WithersRavenel offered that the City Council consider 50% as this is the percentage that seems to be the consensus statewide. Council concurred. A standardized process to determine that the owner has abandoned the intent and purpose to repair, alter, or improve the dwelling must be implemented. -Regarding other additional changes: The age of manufactured homes can no longer be used to create regulations. Permits can be revoked only by the same process as the original issuance and/or approval. -Regarding Table of Permitted Uses: The Table of Permitted Uses has been streamlined to the following catagories, Residential, CommerclalomicaRetal, Institutional/Civic/Educational, Industrial, Agricultural, Infrastructure/Trasportation, Parks and Recreation,  must meet Ordinance standards.  amendments thereto.  plan.  Accessory Uses, and Signs. Brief discussion ensued. 4) ADJOURNMENT May 3, 2021 at 1:57 pm. Jimmy Clarida SECONDED the motion. VOTE: 4-0 (Unanimous). Nays: 0  Vickie Pait MOVED to approve the adjournment of the Special Meeting held on  Yeas: 4( (Terry Mann, Jimmy Clarida, Tim Collier, Vickie Pait) Absent: 3 (Justin Smith, Tim Blackmon, Kevin Williamson)  Terry L. Manh, MAYOR Trtibon Barrice Bonnie T. Wiliams, CITY  INTIT  hlgp  833