Agenda  6  Town Council Meeting-S September 26, 2024  MILL RIVER  CALL TO ORDER APPROVAL OF AGENDA COUNCIL COMMENTS STAFF UPDATES  Mayor Gonce Mayor Gonce Mayor Gonce  A. Finance Director/Town Clerk B. Parks and Recreation Director .  Planning Director D. Town Manager PUBLIC COMMENTS CONSENT AGENDA REGULAR AGENDA  Mayor Gonce  A. Minutes- September 12, 2024 Regular Meeting  A. Presentation by Applicants for Brown Ridge Conditional Rezoning B. Consider setting a public hearing for R-24-01, Brown Ridge Conditional Rezoning D. Denial of R-24-03, Statement of Consistency, Statement of Reasonableness E. Reappointments to Board of Adjustment, terms end November 18,2024  C. Discussion and Consideration of MOU with Henderson County Public Schools, Resolution 2024-10  Jeff Moore Jim Foster  OTHER BUSINESS ADJOURN    Town of Mills River Regular Meeting of the Town Council Thursday, September 12, 2024  Mills River Town Council met on Thursday, September 12, 2024 at 6:30 PMI in Mills River Town Hall. The public was allowed to attend in-person or watch viai internet streaming. Mayor Shanon Gonce called the meeting to order and ledi the Pledge  of Allegiance. Council present:  Mayor Shanon Gonce Mayor Pro Tem Jeff Young Council member Sandra Goode Council member James Cantrell Council member Chae Davis Town Manager Matthew McKirahan Deputy Town Clerk Patty Brown Finance Director/Town Clerk Sue Powell Planning Director Michael Malecek Tax Collector Aurelie Taylor  Staff Present:  Council member Young asked that Item F. Set Public Hearing for R-24-01, Brown Ridge Development be moved from the Consent Agenda to the Regular Agenda as Item E. Council member Young made amotion to approve the agenda with that modification. I was seconded by Council member Goode. Ip passed  unanimously.  COUNCIL COMMENTS - None STAFF UPDATES  A. Finance Director/Town Clerk - Powell Bill funds are being moved from First Citizens Money Market account to North Carolina Capital Management Trust  where they can eam more interest. C.P Planning Director = no update  B. Tax Collector - Ms. Taylor went over the Tax Collector Report.  D. Town Manager- on behalf oft the Parks and Recreation department, the Family Campout and movie night is September 28. There are ai fewspots still available  for the campout registration.  1    PUBLIC COMMENTS-  Lory McCraw, Butler Bridge Road-spoke against relying on the survey results Bryan Ross, Schoolhouse Road- spoke in favor of rezoning to Rural Waynette Wilson, Banner Farm Road- spoke on reducing property taxi ini the Alyson & Jim Sawyer, Clement Drive- emailed comment was read into  for decision-making. Residential. future.  record by Ms. Brown.  CONSENT AGENDA  A. Minutes- August 29, 2024- Regular Meeting B. Tax Collector Report C.P Proclamation, Constitution Week D. Proclamation, National Recovery Month E. - Proclamation, Suicide Prevention Month  F. Set Public Hearing for R-24-01, Brown Ridge Development, October 10,  2024  REGULAR AGENDA Ordinance 2024-14  A. Public Hearing, R-24-03, rezone 14 Brandy Branch Road from MR-LI to MR-MU, Council member Davis made amotion to enter legislative public hearing. The motion was seconded by Council member Goode and passed unanimously. There were no conflicts of interest disclosed from any of the Council members. Mr. Malecek presented his Staff Report and accompanying attachments, which are herein entered into evidence. There were questions and discussion about conditional zoning. Mr. Frank Kelsh, for the applicant, spoke in favor of the rezoning. Public comment was allowed. Robbie Fogle, Kim LaRowe, Jim Sawyer, Frank Kelsh, Planning Board Chair Jeff Moore, and Jamie Horton all spoke. Council members discussed the Comprehensive Plan and the Future Land Use Map and whether the rezoning was compatible. They also discussed that conditional rezoning might be a more appropriate request. Council member Youngmade ar motion to close the legislative public hearing. Council member Davis seconded themotion. Council member Youngmade amotion to deny the rezoning, R-24-03. Council member Davis seconded the motion and it passed  unanimously.  2    B. Solicitor's Ordinance, Ordinance 2024-15  Mr. McKirahan presented his Staff Report, Consideration of Solicitors, Peddlers, and Itinerant Merchants Ordinance. Council member Goode requested that Estate Sales be added language in the definition of Yard Sale under $112.003. All of Council agreed. Council member Goode made the motion to adopt Ordinance 2024-15with the modification. Council member Young seconded  the motion and it passed unanimously.  C.A Animals in the Town-Owned Facilities, Ordinance 2024-16  Mr. Mckirahan presented his Staff Report, Ordinance 2024-16: An Ordinance Establishing the Prohibition of Animalsi inTown-Owned Buildings. Council Imember Davis made a motion to adopt Ordinance 2024-16 as presented. Council member Young seconded the motion and it passed unanimously. D. Discussion of Public Hearing dates for Rural Residential Rezoning, R-24-02 After discussion of Mr. Malecek's Staff Report, Council member Goode made a motion to set the public hearing for R-24-02, Rural Residential rezoning for October 24 at 6:30 pm at Mills River Elementary. The motion was seconded by  Council member Davis and it passed unanimously.  E. Set Public Hearing for R-24-01, Brown Ridge Development  Council member Davis noted she will recuse herself regarding this item when it goes to public hearing due to a conflict of interest. Council member Young will be out of town on the proposed hearing date of October 10 and would like it to be rescheduled to when he would be in attendance. Council member Cantrell will also be unavailable on October 10. The developer has asked to speak before a public hearing to address Council and do a presentation of the project. Staff was directed to make arrangements for this to happen at a future  meeting. No action was taken.  3    Other Business = None  Closed Session: Pursuant to $143-318.11 (a)(6), To consider the qualifications, competence, performance, character, fitness, conditions of appointment, or conditions of initial employment of an individual public officer or employee or Council member Davis made ar motion to enter into closed session pursuant to $143-318.17 (a)(6). Council member Goode seconded the motion and it passed  prospective public officer or employee;  unanimously around 8 pm. Mr. McKirahan was invited to attend. Council entered open session and took no action. by Council member Young at 8:36 pm.  Town Council adjourned on the motion of Council member Davis and seconded  Respectfully Submitted:  Approved:  Patty Brown, CMC, NCCMC Deputy Town Clerk  Shanon Gonce Mayor  4    STAFF REPORT Title: Speakers: Prepared by: Approved by: Background  Town Council, Thursday, September 26, 2024  R-24-01-1 Applicant Presentation-  Request for Conditional Rezoning, Brown Ridge Multifamily Kyle Whitaker, Development Partner, Northwood Ravin Jesse Swords, Attorney, Allen Stahl + Kilbourne  Planning & Zoning  Matthew McKirahan, Town Manager  The' Town received a conditional rezoning application in April 2024 from Northwood Ravin, LLC, acting as an agent for the current owner of the subject properties, Tiltin B, LLC (Elbert Brown). The application requests to rezone thej properties identified as 232 Brown Ridge Road, further identified as PIN 9642454335, and two additional parcels with the PINS 9642358990 and 9642345488 from Mills River Light Industrial (MR-LI) to Mills River Residential conditional zoning district (MR-R-CD). The subject properties consist of approximately 74 acres. The applicant is applying for a conditional rezoning via the The proposed conditional zoning district for the subject property lists multifamily development as aj permitted use in up to 65 residential buildings, with up to 290 dwelling units at: a density of 4 units per acre, plus customary accessory buildings and uses,a clubhouse, leasing office, and other uses and features shown on the preliminary The Planning Board considered this item over multiple meetings. At the September 3rd meeting, the Planning Board voted 5-2 to recommend denial oft the conditional rezoning due to inconsistencies with the Town's comprehensive plan and future land use: map. The applicant has requested an opportunity toi informally introduce the development concept to' Town Council. The applicant will be leading thej presentation at this meeting. Council is free to ask questions and engage in discussions with the applicant to provide feedback and clarify items before moving the rezoning to a formal public hearing. None. The applicant's presentation is forinformational purposes only.  preliminary masterplan approval process.  masterplan.  Discussion  Recommendation    STAFF REPORT Title: Speaker: Prepared by: Approved by: Background  Town Council, Thursday, September 26, 2024  R-24-01 - ConsiderSetting PublicHearing- Michael Malecek, Planning Director Planning & Zoning  Request for Conditional Rezoning, Brown Ridge Multifamily  Matthew McKirahan, Town Manager  The Town received a conditional rezoning application with proper payment from Northwood Ravin, LLC, acting as an agent for the current owner oft the: subject properties, Tiltin B, LLC (Elbert Brown). The application requests to rezone the properties identified as 232 Brown Ridge Road, further identified as PIN 9642454335, and two additional parcels with the PINS 9642358990 and 9642345488 from Mills River Light Industrial (MR-LI) to Mills River Residential conditional zoning district (MR-R-CD). The subject properties consist ofa approximately 74: acres. The applicant is applying for a conditional rezoning via The Planning Board considered this item over multiple meetings. At the September 3rd meeting, the Planning Board voted 5-2 to recommend denial of the conditional rezoning due to inconsistencies with the Town's comprehensive plan and future land use map. Town Council must set a public hearing date before staff can move: forward with public In-depth discussion of this item and questions about the rezoning should bel held until the public hearing, SO citizens can listen, participate, and offer public comment.  the preliminary masterplan approval process.  Discussion notice requirements.  Recommendation Monday, October 28th,  Staffi is able to meet public notice requirements ifaj public hearing is held no earlier than    STAFF REPORT Title:  Town Council, Thursday, September 26, 2024  MOU-I Henderson County Public Schools  Council will review an updated MOU with Henderson County Schools  Speaker: From: Approved by: Background  Nicole Sweat, CPRP, Parks and Recreation Director  Parks and Recreation  Matthew McKirahan, Town Manager  The Town of Mills River has maintained al Memorandum ofUnderstanding (MOU) with Henderson County Public Schools (HCPS) since 2021. This MOU allows the Mills River Parks and Recreation Department to use school facilities for recreational activities and HCPS to use town facilities for: school functions without charge. HCPS's primary use oft this MOU has been Rugby Middle School's access to the town's baseball facility. Recently, Town Council directed staff to review the MOU and make needed adjustments to allow Rugby Middle School to charge admission fees for games held on' Town property, as the inability  to do SO has made it difficult for them to cover the costs of officials.  Discussion  Town staff, in collaboration with the Town Attorney, have reviewed thel MOU and made revisions in accordance with the direction from Council.. Additionally, staff met with the Assistant Superintendent of Henderson County Public Schools and the Rugby Middle School  Principal to gather feedback on thej proposed change.  Policy Analysis  Town Council is required to approve any MOU before staff can execute the agreement and per N.C.G.S. 160A-461 the' Town must ratify the: agreement by resolution (2024-10). Staffrecommends signing the MOU with the Henderson County Public Schools and  Recommendation adoptingresolution 2024-10.  Attachments  A. Henderson County Public School MOU  B. Resolution 2024-10    AGREEMENT  THIS AGREEMENT, made and entered into between the TOWN OF MILLS RIVER, hereinafter called "MR", and HENDERSON COUNTY PUBLIC SCHOOLS, hereinafter called  "HCPS".  WITNESSETH:  WHEREAS MR operates recreational programs by and through its Parks and Recreation Department, and HCPS operates educational and athletic programs by and through its schools; and WHEREAS, MR has facilities appropriate for the educational and athletic programs of WHEREAS, HCPS allows the public to attend its athletic programs and events and WHEREAS, both MR and HCPS have a mutual interest in meeting the educational, recreational and athletic needs of the citizens oft the Town ofMills River and Henderson County,  HCPS, and HCPS has facilities appropriate for recreational programs ofMR; and sometimes charges certain fees for attendance at such programs and events; and  with the least expenditure of public funds; and  WHEREAS, HCPS has the authority to permit the use ofi its real and personal property for such purposes "when not otherwise being used for school purposes" and "so long as such use is consistent with the proper preservation and care ofthe outdoor school property", pursuant to G.S.  115C-524.  WHEREAS, MR has the authority to permit the use ofi its real and personal property for WHEREAS, MR and HCPS believe it is in the best interest oft the citizens of the Town of Mills River and Henderson County ini meeting their educational, recreational and athletic needs to  such purposes, pursuant to G.S. 160A-274.  cooperate in providing programs and facilities.  NOWTHEREFORE, in consideration ofthe above, other good and valuable consideration, 1. Purpose. MR shall have authority to use the HCPS facilities and HCPS shall have authority to use MR facilities upon the terms and conditions set forth in this agreement. 2. Scheduling. Both parties shall have the right to schedule the use of their facilities for their ownj purposes at any time when the other has not previously requested the use ofs such. Both of the parties to the Agreement shall give priority to the other party for use of their respective facilities prior to allowing any other person or entity to schedule use of such facilities. Usage  MR and HCPS do hereby agree pursuant to G.S. 160A-461 et seq, as follows:    request for HCPS facilities will be directed to individual school Athletic Directors or Principals with a copy going to HCPS District. Usage request forl MR facilities will be directed to the Parks & Recreation Department with a copy going to the Parks and Recreation Director. In the event of unanticipated emergencies or inclement weather, MR and HCPS shall have the right to cancel any use scheduled by the other party if there is ai reasonable need to do sO. MR and HCPS shall have the right to schedule and make facilities available for other entities if not previously scheduled by MR or HCPS. MR retains the right to resolve all scheduling conflicts pertaining to use of MR facilities and HCPS retains the right to resolve all scheduling conflicts pertaining to use of HCPS facilities. Such determination shall be made by MR Parks and Recreation Director orl HCPS District Athletic Director, whose decisions shall be final.  3. Attendance Fees. HCPS shall have the right to charge entrance fees to the public for attendance at HCPS athletic and recreational programs and events held on MR property as long as such fees are the same as those charged for similar events held by HCPS on its property. The general public visiting a MR facility will not be charged. Only individuals that visited the MR  facility with the sole purpose of attending an HCPS event shall be charged.  4. Personnel. At all times that MR is using a HCPS facility, it shall be supervised by adequate MR personnel. Ata all times that HCPS is using a MR facility, it shall be supervised by adequate HCPS personnel. Neither party shall have responsibility for staffing or supervision of  programs operated by the other party.  5.1 Improvements. No improvements or additions shall be made to MR facilities without prior approval by MR Parks & Recreation Director, and no improvements or additions shall be made to HCPS facilities without prior approval by HCPS District Athletic Director. All costs for construction and maintenance of any improvements to said facilities shall be the sole responsibility  oft the requesting party.  6. Ownership of Property. Upon termination of this agreement, both parties shall be entitled to remove all personal property located on the premises except any personal property which has become a fixture or permanently affixed to said facility and shall repair any damage  caused by such removal.  7. Indemnification. Pursuant to G.S. 115C-524, no liability shall attach to HCPS for personal injury suffered by any third party by reason of the use of such MR property. Further, HCPS hereby releases and agrees to indemnify MR from any liability, including attorney's fees, attempted to be asserted against the Town. HCPS must provide MR an insurance certificate with a minimum of $1,000,000.00 in liability coverage and naming the Town of Mills River as additional insured each year before a facility may be used. MR must provide HCPS an insurance certificate with a minimum f$I,000,000.00 in liability coverage and naming HCPS as additional  insured each year before a facility may be used by) HCPS.  8. Duration. The term oft this agreement shall be from the date of execution and be valid for 1 year unless terminated prior as herein provided. At the end of the term of this agreement it    shall auto renew annually unless terminated by either party and until such time as thel Parties renew this agreement for such length, and upon such terms and conditions as the Parties may agree. 9. Conditions. Each party shall be responsible for their own field preparations including but not limited to; lining, chalking, marking, and raking for their use as agreed upon between the MR Parks and Recreation Director and the HCPS Athletic Director. HCPS Athletic Teams will be responsible for general clean-up of MR facilities used after an athletic event and the same for when MR uses a HCPS facility for programs. HCPS must follow all park rules as outlined in Ordinance 2024-09 of the Town Code, as the same may be amended from time to time.  10. Amendment. This agreement may be amended at any time by the consent of both 11. Termination. This agreement may be terminated by either party without cause, for  parties.  any reason, upon ninety (90) days written notice  This agreement shall be governed and construed in accordance with the laws oft the State  ofNorth Carolina.  IN WITNESS WHEREOF, the parties have hereunto set their hands and seals, this  the  day of  2024.  HENDERSON COUNTY PUBLIC SCHOOLS  By:  ATTEST:  TOWN OF MILLS RIVER  By:  Attest:    Resolution No. 2024-10  TOWN OF MILLS RIVER  RESOLUTION AUTHORIZING AN AGREEMENT WITH HENDERSON COUNTY PUBLIC SCHOOLS WHEREAS, the Town of Mills River operates recreational programs by and through its Parks and Recreation Department, and Henderson County Public Schools operates educational and athletic programs by and through its schools; WHEREAS, the Town of Mills River hast facilities appropriate for the educational and athletic programs of Henderson County Public Schools, and Henderson County Public Schools hast facilities appropriate for recreational programs of Town of WHEREAS, both the Town of Mills River and Henderson County Public Schools have a mutual interest in meeting the educational, recreational and athletic needs of the citizens of the Town of Mills River and Henderson County, with thel least WHEREAS, Town of Mills River and Henderson County Public Schools believe iti isi int the besti interest of the citizens of the Town of Mills River and Henderson County in meeting their educational, recreational and athletic needs to cooperate in WHEREAS, the Town of Mills River is entering into an agreement with Henderson County Public Schools for the permit of use of one another's use ofi its real and personal property for such purposes, pursuant to 5160A-274. The Town of Mills NOW1 THEREFORE, BE ITI RESOLVED byt thel Mills River Town Council that the Town of Mills River is enteringi into an agreement with Henderson County Public Schools for the use of each other's real and personal property. The Town Manager  and  Mills River; and  expenditure of publici funds; and  providing programs andi facilities; and  River hast the authority enter into sucha agreement pursuant to $160A-461.  isa authorized to execute the attached interlocal agreement with Henderson County Public Schools.  ADOPTED this the 26th day of September, 2024  Shanon Gonce Mayor  ATTEST By:  Patty Brown, CMC, NCCMC Deputy Town Clerk    STAFF REPORT Title: Speaker: Prepared by: Approved by: Background (MR-MU). Discussion  Town Council, Thursday, September 26, 2024  Denial of Request for Rezoning (R-24-03) Michael Malecek, Planning Director Planning & Zoning  Matthew McKirahan, Town Manager  On September 12th, Town Council voted unanimously to deny rezoning R-24-03, a request to rezone thej property at 14 Brandy Branch Road from Light Industrial (MR-LI) tol Mixed Use  NCGS 160D-605 states the' Town governing board "shall approve a briefstatement describing whether its action is consistent or inconsistent with an adopted comprehensive plan or land use plan" as part of any zoning map amendment (rezoning) or zoning text amendment. Statements of consistency provide protection for Council's legislative decision and are: not The State: statute goes ont to say, "when adopting or rejecting any petition for a zoning map amendment, a statement analyzing the reasonableness ofthe proposed rezoning shall be  subject to review in a court oflaw.  approved byt the governing board."  Policy Analysis rezoning decision. Council's consideration. Recommendation  Council must adopt a statement of consistency and statement ofreasonablenesst with any Staff has provided a draft statement of consistency and draft statement ofi reasonableness: for  Staff recommends Council adopt the statement of consistency and statement of reasonableness as presented to meet State requirements to formally deny the rezoning request.  Attachments  A. Draft Council Statement of Consistency B. Draft Council Statement of Reasonableness:    ATTACHMENT/ A  TOWN COUNCILSTATEMENT OF CONSISTENCYWITH COMPREHENSIVE PLAN  DRAFT R-24-03  Pursuant to NCGS; $160D-605(a), when adopting or rejecting any: zoning text or map amendment, the governing board: shall approve a briefstatement describing whether its action is consistent or The Mills River Town Council finds that the proposed zoning map amendment is not consistent with the following elements ofthe' Town's Making Mills River 2040 Making Mills River 2040 Comprehensive Plan, Element One - Land Use: Element 6-  inconsistent with an adopted comprehensive plan.  Comprehensive Plan and Future Land Use Vision Map. Infrastructure and Economic Development.  OBIECTIVE1.61 Land Designated forSpecific Uses  POLICY1.6.2: Maintain. zoning districts and associated use requirements that maintain land availability for the attraction and accommodation of  commercial and industrial uses.  OBIECTIVE 6.2:A Adequate Capacity to. Support Job Development  POLICY6.2.1: Consider the availability and capacity ofland to: supportj job development in land development review and policy formation.  Rezoning Request R-24-03 Statement ofConsistency Page 1 of2    ATTACHMENTA  Mills River 2040 Comprehensive Plan, Land Use Vision Map, Community Center District  Rezoning-24-03 Land Use Vision Map 2040 Comprehensive Plan  Subject property  legend Mils Rver Townlimt Conneiialcrosyoiss Communtycenter mcupulardenpbyres Mxedr residental Ruraln residontal  Community Center agricultural. Desirable Uses Civic & Community Parks & Public Space Trails & Recreation Schools Retail Restaurants Office Duplexes Townhomes Apartments statement.  This category is toj promote a mix of uses to include commercial, residential, industrial and  Acceptable Uses Services Institutional Agriculture  Not Desirable Industrial Estate Lots  On September 26, 2024, the Town Council, bya.  vote, approved this consistency  Shanon Gonce, Mayor Town of Mills River  Rezoning Request R-24-03 Statement of Consistency Page 2 of2    ATTACHMENTB  TOWN COUNCILSTATEMENT OF REASONABLENESS FOR REZONING  DRAFT R-24-03  Pursuant to NC6SS160D-605/0, when adopting or rejecting any petition foraz zoning map amendment, as statement analyzing the reasonableness of the proposed rezoning. shall be approved by The Mills River Town Council finds the proposed zoning map amendment is not reasonable and noti in the publicinterest: and has considered the following factors, among others, in its 1. The: size, physical conditions, and other attributes of the area proposed tol be a. The subject property is 2.14a acres and has no existing structures. The property is located in a commercla/industra subdivision (Mills River Industrial Park), platted and approved on March 17,1994, before the Town's incorporation. All existing structures ini the subdivision are non-residential. The property is located att thei terminus of Brandy Branch Road, adjacent to and east ofDLV Roofing. The property also abuts Clement Drive, a private road along the northern property line. Clement Drive is thej primary access for more than twenty homes, part oft the Clement residential neighborhood directly north oft the subject property and northeast oft the Mills River  the governing board.  decision.  rezoned.  Industrial Park.  2. Compatibility with comprehensive plan.  a. The rezoning request is not consistent with the Making Mills River 2040 Comprehensive Plan Future Land Use Vision Map, which designates this property and all: surrounding parcels as the Community Center future land use category. This land use category identifies desirable future land uses as civic and community, parks and public: space, trails and recreation, schools, retail, restaurants, offices, duplexes, townhomes, apartments, and identifies acceptable future land uses as services, institutional uses, and agriculture. b. Thei rezoning request is not consistent with Objective 1.6, Policy 1.6.2 and Objective 6.2, Policy 6.2.1. ofthe 2040 Comprehensive Plan.  Industrial is identified as a not desirable use.  3. The benefits and detriments to the landowner, neighbors, and surrounding  community.  a. The benefit to the subject property owneri is the ability to establish their fabrication business in coexistence with a residential structure on the same property under Mixed Userzoning, for the purpose of providing housing fora b. The detriment to the: surrounding neighbors is ift the property is rezoned to Mixed Use, and ift the propertyi is developed, almost all uses arej permitted by  family member.  Rezoning Request R-24-03 Statement of Reasonableness Page 1of2    ATTACHMENTB  right and include the possibility of thej property being developed with additional uses that may or may not be considered unwanted by adjacent property owners., Additionally, iti is not known if the subject property has the legal right to access Clement Drive for the potential single-family home. The detriment to surrounding property owners in the Mills River Industrial Parki is that Mixed Use zoning would allow the establishment of a residential use on land in thei industrial park, which isi inconsistent with the commercial and industrial nature of all development on Brandy Branch Rd.. Additionally, the Mills River Industrial Park has restrictive covenants that are not consistent with the rezoning request to allow residential uses. d. The benefit to the community is thej proposed rezoning mayl lead to future investment in subject property, while increasing the supply ofl housing.  4. The relationship between the proposed uses and the current uses of adjacent a. The subject property is currently vacant land and located in Mills River b. The adjacent properties to the north and northeast oft the subject property are: zoned Mixed Use, and are used as single-family residential properties in The adjacent properties to the west, south, and southeast of the subject property are: zoned Light Industrial and are all nonresidential uses consistent  properties.  Industrial Park.  the existing Clement residential neighborhood. with a commercial /i industrial park.  5. Why the rezoning is in the publici interest.  a. Thej proposed rezoning is not in the public interest because Mixed Use zoning allows almost all nonresidential and many residential uses by right, which may be incompatible with the adjacent industrial uses and /orr residential b. The proposed rezoning is noti int the publicinterest because development of thej property with a residential use may bei in violation oft the restrictive The proposed rezoning is noti in the publicinterest because iti is not consistent with the Town's comprehensive plan or future. land use map.  uses in the Clement neighborhood.  covenants for the Mills River Industrial Park  6. Any changed conditions warranting the rezoning. On September 26, 2024, the Town Council, bya  a. None known.  vote, approved this rezoning  reasonableness. statement. Shanon Gonce, Mayor Town of Mills River  Rezoning Request R-24-03 Statement of Reasonableness Page 2 of2    STAFF REPORT Title: Speaker: From: Approved by: Background  Town Council, Thursday, September 26, 2024  Reappointment to Board ofAdjustment Patty Brown, CMC, NCCMC - Deputy Clerk  Administration  Matthew McKirahan - Town Manager  JeffI Moore has served on the Board of Adjustment since 2021. His current term expires on November: 18, 2024. Hei isa dedicated member with an excellent attendance record. Hel has expressed an interest in continuing to serve on the committee for another term oft three  years. Discussion JeffI Moore Lives in Mills River: Attendance Record: Recommendation  Yes, on Schoolhouse Road in District3  Excellent  Town Council's options are: as follows:  1. Reappoint as presented to at term ending November18,2027. 2. Appoint from applications on file. There are: none. 3.A Advertise position and address at ai future meeting.  1    STAFFI REPORT Title: Speaker: From: Approved by: Background  Town Council, Thursday, September 26, 2024  Reappointment to Board ofAdjustment Patty Brown, CMC, NCCMC - Deputy Clerk  Administration  Matthew McKirahan - Town Manager  Jim Fosterk has served on the Board of Adjustment since 2021. His current term expires on November 18, 2024. Mr. Foster: is a dedicated member with an excellent attendance record. Hel has expressed an interest in continuing to serve on the committee for another  term oft three years. Discussion Jim Foster Lives in Mills River: Attendance Record: Recommendation  Yes, on Double Oak Court in District: 2  Excellent  Town Council's options are as follows:  1.1 Reappoint as presented to a term ending November 18, 2027. 2.Appoint from application on file. There are none. 3.Advertise position and address at a future meeting.  1