TOWN OF VASS BOARD OF COMMISSIONERS REGULAR MEETING August 12,2024  Members Present:  Mayor Mosley Matthew Callahan Kris Kosem George Blackwell Eddie Callahan Emily T. Oldham  Staff Present:  Mabel Walden Town Clerk/Administrator Molly Goodman Town Planner Michael Miller, Lieutenant  A. Call to Order B. Public Hearing  The Meeting was called to order by Mayor Mosley at 6:01 pm.  ORD: 24-05 Consider Modify Rezoning of 5125 Us 1 Hwy to HC-CZ - storage units Molly Goodman informed the board the petitioners requested to table this matter to  (#3-rezoning).  September 9, 2014. Mayor Mosley asked fora a motion to table.  Moved by: George Blackwell  Approved, All were in favor  ORD 24-06 Consider conditional rezoning of land on US 11 Hwy Business to MU-CZ  (Mixed Use - Conditional Zoning). Property information: Address: Us 1Hwy  Moore County Parcel IDs: 00034125 (34.29 acres) and 00034121 (1.265 acre) Property Owners: Michael and Mona Gschwind (34.29-acre tract) and Charles Gschwind  Applicant: Corey Mabus, CSS Investments  (1.265-acre tract)  1    Molly Goodman reviewed the planning memorandum outlining the request which includes proposed conditions and concept site plan (EXHIBITSA-E)  Property and Proposal Information  This proposal is to conditionally rezone two tracts, the larger of which is on both sides of US1H Hwy. The property is currently farmland and vacant. This is a conditional rezoning in order to allow a mix of residential and commercial uses. The proposal includes a variety ofresidential uses: townhomes, apartments, single-family homes, and community areas on the west side ofUS 1E Hwy Business and referred to as Phase I, and commercial mixed uses: retaloflice/restaurant spaces and apartments on the east side ofUS 1E Hwy An application for Special Intensity Allocation for watershed overlay requirements will Property owners Seth Mabus, Corey Mabus and Sean Fincher were present. They represent CSS Investments. Corey, presented the concept plan for' The Exchange. Mr. Mabus stated the project will be broken down into two phases. The concept presented had  Business, referred to as Phase II. be required at a later date.  changes from the original plan shown to the board.  No homes will face US 1.42 apartments, Townhomes will have concrete  driveways and two car garages. Mix ofl-a and 2-bedroom apartments. Corey discussed square footage for the units.  Their desire is to provide affordable housing with a smaller square footage. Rent will be on average $200 less than the average rents in Moore County. Sales] prices will be market dependent. Est. at this time is in the range of  $260,000.  Mr. Mabus stated the goal is to bring professional services to Vass as a service to the community. They are currently searching for businesses that are not available in Vass. Matthew Callahan indicated he was concerned with the long cul-de-sac area. He was also concerned with parking issues in that area: for families with more than two cars. George Blackwell asked ift the roads would be private. Corey Mabus replied the roads  The partners do: not wish to compete with existing businesses.  would eventually be turned over to the town.  2    Properties with two car garages will have wider driveways and the HOA will have Seth Mabus said they will maintain the apartment buildings and have an active role in the George Blackwell asked if there would be al building near the pool. Corey Mabus discussed the pool house and proposed shotgun style design. There will be 18 parking spaces in front of the pool and townhomes.  stipulations or overnight parking.  HOA.  12 acres of open space, which includes the pond, walking trails, pathways throughout the  interior ofthe development.  Mr. Mabus said the preliminary traffic study has not been done yet.  Conversations have begun with the Fire Marshal and Public Utilities with regards to fire flow. Corey said they ordered ai fire flow analysis. Capacity at this time is 500 gallons per minute. Molly Goodman said proposed conditions state, Pending approval from Fire Marshal" and the Fire Marshal requirements are based on: fire flow. Kris Kosem asked ift they knew how the neighbors feel about the project. Tim Gschwind Mayor Mosley said the Planning Board reviewed the concept plan and recommended the Molly Goodman advised the Board of Commissioners look through proposed conditions  isar neighbor and seller.  plan for approval by the Board of Commissioners.  closely. Public Comments:  Debbie Williams - indicated she is concerned about number ofhouses, distance between houses, density, preservation of natural landscape and water pressure. She feels water pressure should be a consideration and resolved with the county before another subdivision is developed. Ms. Williams is concerned with the impact an additional 191 homes will have on the schools. She said she worries about children not having a place to Mr. Larsen - 146 Union Church Road, said the townhomes will be 14ft from his back property line. George Blackwell said the plan shows there is a 20ft buffer. Mr. Larsen said the townhomes would be right in his backyard. He said he agrees with Ms. Williams comments about density. Mr. Larsen has concerns with the size oft the roads and parking. Angie Clough - 90 Bynum Court, asked how the sewer line behind her house would be affected. Matthew Callahan said the sewer will be coming from US 1.  play. She thinks this development will be denser.  He said the property line is 5ft from his neighbor's yard.  3    Don Stalls - asked ift they considered rear loaded parking. Corey Mabus said that was their first concept and after market research, that concept does not support this project. Emily Dick asked ifthe research was done based on price point. Corey Mabus responded Molly Goodman stated this type ofrezoning is unique in that it is tied to a conceptual site plan. Conditions may also be agreed upon in order to ensure that the use is conducive to  yes.  both the Town and the applicant.  The following are recommended conditions that the applicant has reviewed:  1. Single family homes front Us 1 Hwy Business will have rear-loaded garages; the houses  will face US Hwy 1. 2. Density allocation:  a. Phase 1-1 up to 65 single family homes (minimum of 60 lots), up to 48 townhome units (minimum of24 townhomes), and up to 48 multifamily units (minimum of b. Phase 2 - up to. 361 multifamily units (minimum of24 apartment units) and 20,000 a. Single family lots may have reduced setback of3' side setbacks from the property b. Single family lots may have reduced setbacks of25' front yard setbacks for Single Family lots may have a reduction of 10' front setbacks allowed for homes 12.25 b: The minimum spacing between one (1) story multi-family structures shall be twenty (20) linear feet. The minimum spacing between two (2) story The applicant is requesting that townhomes may have ai minimum of20' between  24 apartment units)  square feet of commercial space (minimum of10,000 sq ft)  3. Ifapproved by the Moore County Fire Marshall:  line and 10' for corner side yards. homes with front-loaded garages. with rear-loaded garages. d. ZO Section 12.45 Multi-family Dwellings  multi-family structures shall be thirty (30) linear feet.  the buildings.  4. The property owner shall accept all conditions in writing. Conditions shall run with the 5. The apartments and townhomes do not require special use permits as required by the ZO 6. The applicant will install a sidewalk that goes across the road frontage ofthe east side of US1Hwy business and along the US 11 frontage oft the property on the west side. The development will also have sidewalks along one side oft the street in the residential areas 7. All uses within Mixed Use zoning district are allowed for these properties, though any major use changes will require modification to this zoning. The all - residential side of the zoning may vary with types of dwellings as long as within the density listed in conditions above. The east side ofUS 1 Hwy may be modified to contain a variety of commercial uses as long as they are allowed in MU and meet the specified standards.  land.  Table of Permitted and Special Use in Table 8-1.  of] Phase 1.  8. ZO Section 13.7 Cluster/Conseryation Developments  4    Clustering of development is allowed under the following conditions:  A. Minimum lot sizes are: not applicable to single-family cluster development projects; however, the total number of lots shall not exceed the number oflots allowed for single-family detached developments in Section 13.3 (Residential Density). This density calculation is determined after 15%i is reduced from the total acreage to account for roads and rights ofways. Impervious surface areaor storm water control requirements of the project shall not exceed that allowed for The applicant is seeking modification ofthis requirement as. Phase Iis considered to be multifamily, for purposes ofthe ordinance watershed requirements.  the balance of the watershed.  9. ZO Section 13.5.2 Special Intensity Allocations  Multi-family residential and non-residential uses may occupy ten percent (10%) ofeach protected watershed district (exclusive of critical areas) with a seventy percent (70%) impervious surface limit when approved as a Special Intensity Allocation (SIA). The Town Board of Commissioners is authorized to approve SIA's consistent with the Special Use Permit approval provisions ofthis Ordinance. Projects must minimize impervious surface area, direct storm water away from surface waters, and incorporate Best Management Practices (BMP's) to minimize water quality impacts. SIAs shall be approved on a "first come, first served", project- by-project basis. The applicant is showing the entirety of this project as falling within one umbrella, for impervious surface allowance and includes a typically defined. single familyresidential component. The zoning modifies the requirement that impervious surface percentage can be applied across this entire project though this rezoning does not issue a Special Intensity. Allocation; the applicant will need to applyfor that at a later date.  10.ZO Section 13.4 Impervious Surface Limits  Impervious surface limits, as applied in this Ordinance, are only effective for uses other than single-family (e.g., manufactured home parks, apartments) and non-residential development. Impervious surface calculations for an individual development shall be calculated on a project- by-project basis. One half (1/2) of the width ofany existing or proposed road adjacent to an individual lot shall be included asi impervious surface for that lot, except in the case where an existing road was contained within a publicly dedicated right-of-way at the time the watershed regulations were first applied to the The applicant is showing the entirety ofthis project as falling within one umbrellaj for impervious surface allowance and includes a typically defined. single family residential component. The zoning modifies the requirement that impervious surface percentage can be applied across this entire project though this rezoning does not issue a Special Intensity Allocation; the applicant will need to applyfor that at a later date.  watershed within which the development is located.  5    11. Open Space will be a minimum of11 acres. serves the entire residential community.  12. Common Area will be provided in Phase If for the residences.  13. The open space/common area(s) will provide community amenities, including aj pool that 14.ZO Section 8.2 Use oft the Designation "P", "PS", and' "S" in the Table of Permitted Uses The letter S" means a Special Use Permit must be obtained from the Town Board of Commissioners. Additionally, any structures in which the height will be 50 or greater, The apartment building height may exceed 50' in height when measuredj from the average grade. In the current planning. stage,, from the split level (basement) side, the ground level to the peak oft the roofwill be around 65'. From the front yard, the 15. The preliminary plat, site plan(s), and final plat(s) will follow the requirements of the Zoning Ordinance for review and approval at the time they are submitted. 16. Thej proposed streets within the single-family section are intended tol be aj public street, following Vass road standards within the ZO, including the updated standards amended onJuly 8, 2024. The road will not be accepted as public by Vass until it is found to meet a. A25' buffer will be across the east side ofUS 1 Hwy Business - this will be existing vegetation where possible and planted trees where not feasible b. Phase I will have understory street trees planted along the streets - either in the rights of way, ori in eachl home's yard ift there are utility or sidewalk constraints. C. Landscaping will be required in front of the parking lot in Phase II. 18. The common area will be maintained by al Property Owner's Association(s). 19. The common area will be reserved for watershed protection and not allowed to be developed unless an amendment is made to the zoning and any watershed allocation granted. Trails and low impact community amenities (i.e. pedestrian bridges, docks, 20. Undisturbed common area stream buffer, wetland/conservation with of understory 21. Phase II Commercial buildings' exteriors will be efis stone, fiber cement, or brick.  will require a Special Use Permit.  apartment building will be less than 50.  all standards and repairs at the end of the construction oft the homes.  17. Buffering and landscaping:  storage ofamenities, etc.) may be allowed.  clearing and pedestrian crossing/trail to connect the areas. 22. The billboard currently on the property will be removed.  Consistency Statement  The Town of Vass Comprehensive Land Use Plan should be considered when making decisions on proposed zoning map amendments. Section 2.9 oft the Plan highlights that multi-family options are limited. Lack ofa affordable housing is cited as both a weakness and ai threat in the SWOT analysis tablei in section 1.2.Ag goal listed in the Plan is 5.2 Consider mechanisms to increase affordable housing options, for example: Rezone areas to allow for higher density residential from center town out.. Additionally, High density,  i.e. multifamily housing is listed as an opportunity for Vass.  6    The Future Land Use map shows the area on the west side ofUS 1 Hwy business as "consider higher density residential and/or mixed use" which isi in line with this application to have higher density residential. The east side ofUS1 Hwy Business is shown in the area to "consider expanding Industrial area" which is not what this application is for but is currently conventionally zoned Mixed Use and this proposal has a mix of commercial and residential. Rezoning this property to MU-CZ is reasonable and The Town of Vass Comprehensive Land Use Plan should be considered when making decisions on proposed zoning map amendments. Section 2.9 oft the Plan highlights that multi-family options are limited. Lack ofaffordable housing is cited as both a weakness and a threat in the SWOT analysis table in section 1.2. A goal listed in the Plan is 5.2 Consider mechanisms to increase affordable housing options, for example: Rezone areas to allow. for higher density residential, from center town out. Additionally, High density, The Future Land Use map shows the area on the west side ofUS1E Hwy business as "consider higher density residential and/or mixed use" which is in line with this application to have higher density residential. The east side ofUS1 Hwy Business is shown in the area to "consider expanding Industrial area" which is not what this application is for but is currently conventionally zoned Mixed Use and this proposal has a mix of commercial and residential. Rezoning this property to MU-CZ is reasonable and George Blackwell asked ift they got rid oftownhomes and came back with SFR only, could they put them anywhere they wanted, and he thought the change of type without coming before the board should not be allowed. Seth and Corey Mabus said that would Kris Kosem said he did not want any option to build a house 3ft from the property line. Corey Mabus said they would be comfortable with 5ft from the property line on each side which would give a total of 10ft between each house. Matthew Callahan asked ifthis would still be a requirement oft the Fire Marshal. Corey replied yes. Debbie Williams asked about Landscaping requirements and ift the town had shrubbery requirements. Molly discussed landscaping and buffering. The town does not have Corey said he would get with the two owners on Union Church Road to discuss Rhonda Kosem said she was concerned about having taxes increase to support future  consistent with the Land Use Plan.  i.e. multifamily housing is listed as an opportunity for Vass.  consistent with the Land Use Plan.  not be a problem.  shrubbery requirements.  buffering. staffing needs.  7    Debbie Williams talked about property taxes and a former speaker that came before the Matthew Callahan said he felt the plan is a good project. He said it is rare tol havea developer that lives and works in Vass. Inl his opinion the conceptual idea will be good Eddie said there is a different feel to the project knowing the project is being developed Emily - she feels there is too much going on with the plan and thinks the project is great Motion to approve conditional rezoning to MU-CZ with proposed conditions and  town to explain how taxes work.  benefit Vass. by a local builder.  but there is too much in one area. consistent with the land use plan. Emily Dick and Kris Kosem: Voted No Motion to Close Public Hearing Moved by: George Blackwell  Matthew Callahan, Eddie Callahan and George Blackwell: Voted Yes  Approved, All were in Favor  C. Approval of Agenda  Mayor Mosley asked ift there were any additions to the agenda. Commissioner Blackwell added discussion about picnic tables in the park. Commissioner Oldham asked to add a  closed session for legal and personnel matters  D. Consent Agenda  Motion to approve the agenda and consent agenda with additions.  Moved by: George Blackwell  Approved, All were in Favor  E. Police Report  Lieutenant Miller gave Police report.  F.  Planning Report  Molly Goodman reviewed the monthly planning report.  8    G. Maintenance Report H. Administration Report  George Blackwell reviewed the monthly Maintenance report. Mabel Walden reviewed the monthly Administration report.  I. J.  Public Comments Old Business: K. New Business:  1.Site Plan review of] Father Vincent Capodanno High School  Property and Proposal Information:  Father Vincent Capodanno High School is located at the corner of White Rock Rd and Hwy 690. This property was row crop farmland. The address of165 White Rock Road Moore County Parcel ID: 20130122. The applicant is Thomas Blue, engineer, on behalf This site plan has been reviewed by Moore County Public Utilities, Fire Marshall,  has been assigned. oft the School Board.  NCDOT (approved), and LKC (our contract engineer). Impervious surface: 11.28% which is below the 24% max  Joshl Raetz, Teacher at School, was present to give an overview oft the project. school has grown over the last several years. Approximately 13 acres ofbuildable land. Tom Blue, Engineer was present. Max student body is 200. Teaching staff will increase total population to 250. Athletic fields in the future. Anticipate opening August 1, 2025. Spoke about building phases. phase 1 is approximately 6,800 square feet. Tom Blue, Engineer, talked about Phasing oft the overall project. With regards to installation of a turn lane, he said he spoke tol DOT, and they did an analysis to determine traffic safety. Discussions were held with the Fire Marsal and Fire Chief. An athletic field will be included but will not have outbuildings. There is space for a track and gymnasium Matthew Callahan asked ift there will be a School Zone labeled on Lobelia Road. Tom Blue said this will be included in DOT's overall growth plan. The school is not expecting to have any bus traffic but, in the future, they would have busses from other schools for  in the future.  bus traffic for events.  9    Molly Goodman reviewed the following from the planning memorandum submitted to Landscaping and buffering meets the intent oft the ordinance; however, there are some specifics that do: not meet the ordinance, while other portions oft the property exceed the requirements. The applicant has responded with his reasoning for the plan. Understanding that there is a significant amount oflandscaping being shown, I want to outline the adherence to section 11.2 ofthe Zoning Ordinance for the Board'sreview.  the Board ofCommissioners. (EXHIBITF):  Please note any corrections to the following: The landscaping for the front yard:  - At-500' of street frontage, 16 large trees are required. The plan shows 13 Applicant response: The layout and density of the trees is a compromise between the Ordinance density provisions, recommended. tree. spacing per NC State Umbersinyaculysaf, and buffer requirements along Duke Energy electric power lines. Five of the trees are outside the. setback as the power lines prevent planting oflarge trees closer than indicated. At500' of frontage times 30' setback, @ every 500 square f,30 understory trees are required. The plan shows 12 dogwood trees around the amphitheater. The plan also has 59 red maples along either side oft the driveway, some of which could be counted toward this requirement. Applicant Response: Those quantities are as included in the design. At500' of frontage + 30' setback, shrubs @ every 200 sq ft = 75 shrubs Applicant Response: Those quantities are what is within the design, including 7 Wax. Myrtles employed as screening around the dumpster pad O The east boundary shows a row of Green Giant that grows to a maturity of -60' height; this meets the buffer requirement for that portion of The side landscaping requirements indicate a mix of understory or large shrub and small shrub. This plan does not meet this for variety or count. The east boundary also has an agricultural learning section and currently The rear boundary shows Green Giant which meets the Type CI buffer requirement, but not the landscaping requirements. The stormwater ponds are shown with purple muhly grass. Applicant Response: The depressions in the areas with. Purple Muhly Grass would become dry detention basins following use as required sediment. storage during construction operations. Are there any existing trees along the boundaries of the property that will  total (6 live oaks + 7 Darlington oaks)  required. The plan shows 123 waxi myrtles. (which is also screened. by, fencing). Landscaping and Buffering in sides and rear yards:  screening.  includes Cape Fear Pecan trees  remain (south and west?)  10    Applicant Response: Yes. All oft the existing trees and shrubs are to remain along the southern boundary eastern boundary. The western and northern boundaries are along the roads and contain no shrubs/trees. Only a small area west oft the pond will be cleared (for a required erosion control The White Rock Rd side would require 9 understory trees or large shrubs Additionally, the front and west boundaries will have berms for safety and Applicant Response: Wax Myrtles and. Blue Rug. Junipers are also to be planted on berms along NC-690 (Lobelia Road) and SR-2013 (White Rock  measure).  and exceeds this with 19 red maple trees. also visually obscure the school.  Road).  Mr. Raetz said they would appreciate latitude with landscaping. Parents and families take on various landscaping projects for the school and some oft the students will use future  landscaping for Eagle Scout projects.  Matthew Callahan recused himself from voting, he will be doing survey work on this project. George Blackwell recused himself due to potential bidding oft the project through his Motion to approve site plan and proposed conditions consistent with the land use plan.  employer.  Moved by: Kris Kosem.  Commissioner Emily Dick and Eddie Callahan were in favor  2.A Adoption ofTown of Vass Fee Schedule Ordinance.  Moved by: George Blackwell  Approved, all were in Favor  3.Adoption of CDBG-1 Language Access Plan Moved by: George Blackwell  Approved, all were in Favor  L. Discussion Topics:  Commissioner Blackwell and Mabel Walden asked the board to consider purchasing ADA compliant picnic tables before the end of the year to match the tables and benches donated by the Lions Club. The board of commissioners were in favor of trying to order  more tables. M. Closed Session  11    Motion to go into closed session to discuss personnel matters pursuant to G.S. 148-  318.11 (6) Moved by: Emily Dick  Approved,. All were in favor  N. The Board of Commissioners voted to adopt an attendance policy.  Meeting attendance policy will follow the standard calendar year (January - December). Commissioner(s) shall not miss more than three regular meetings per calendar year. Commissioner(s) shall contact either the Town Administrator/Clerk, Mayor or Mayor Pro After the third missed meeting and every other missed meeting for the remainder oft the calendar year, Commissioner(s) will be docked full pay. Therefore, the month oft the For the remainder of2024, Commissioners will only be allowed to miss one meeting.  Tem before noon the day of the meeting in order to be excused. third unexcused meeting will result in no pay for that month. This policy shall go: into effect immediately.  Motion to approve. Attendance Policy for the Board of Commissioners.  Moved by: Emily Dick N. Adjournment  Approved, All were in favor  Mayor Mosley asked for a motion to adjourn. Moved By: Matthew Callahan.  Approved, All were in favor  TOWN OF VASS  makCuhot Mabel A. Walden, Town Clerk  Q  12