Agenda  6r  Town Council Meeting- October 10, 2024  MILLS RIVER  CALLTOORDER APPROVAL OF AGENDA COUNCIL COMMENTS STAFF UPDATES  Mayor Gonce Mayor Gonce Mayor Gonce  A. Finance Director/Town Clerk B. Tax Collector :. Parks and Recreation Director D. Planning Director :. Town Manager PUBLIC COMMENTS CONSENT AGENDA  Mayor Gonce  A. Minutes- September 12, 2024 Regular Meeting  REGULAR AGENDA  A. Discussion on relief efforts in the aftermath of Hurricane Helene C. Presentation by Applicants for Brown Ridge Conditional Rezoning E. Financial Dashboard- Quarter ending September 30  B. Presentation by UDO Consultant D. Tax Collector Report  F. Consider setting a public hearing for R-24-01, Brown Ridge Conditional Rezoning H. Denial of R-24-03, Statement of Consistency, Statement of Reasonableness . Reappointments to Board of Adjustment, terms end November 18,2024  G. Discussion and Consideration of MOU with Henderson County Public Schools, Resolution 2024-10  a. Jeff Moore b. 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 PM in Mills RiverTown Hall. The public was allowed to attendi in-person or watch viai internet streaming. Mayor Shanon Gonce called the meeting to order and led 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 a motion to approve the agenday with that modification. It was seconded by Council member Goode. It 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 earn more interest. C.P Planning Director - no update  B. Tax Collector - Ms. Taylor went over the Tax Collector Report.  D.T Town Manager- on behalf of the Parks and Recreation department, the Family Campout and movie nighti is September 28. There are at few: spots 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 onr 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. 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 a motion 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 comprenensive 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 Young made a motion to close the legislative public hearing. Council member Davis seconded the motion. Council member Young made a motion 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 2024-15 with 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 Animals inTown-Owned Buildings. Councimember Davis made a motion to adopt Ordinance 2024-16 as presented. Council member Youngseconded 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 qultications, competence, performance, character, fitness, conditions of appointment, or conditions of initial employment of an individual public officer or employee or Council member Davis made a motion to enter into closed session pursuant to $143-318.11 (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 themotion 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, October 10, 2024  UDO Consultant Presentation CodeWright) Planners Chad Meadows, AICP & Karen Mallo, AICP Matthew McKirahan, Town Manager  Planning & Zoning  At the July 11th meeting, Town Council approved the contract for CodeWright Planners to develop a Unified Development Ordinance (UDO) for the Town of Mills River. Land use code updates and a new, proposed zoning map willl bej prepared. as part oft the UDO project. Town Council formed a UDO steering committee at the August 8th meeting, consisting of  Planning Board and Board of Adjustment members.  Discussion project.  This is the consultant's firstin-person visit to the Town ofN Mills River to kick-off the UDO The consultant will provide an overview of thej project scope, schedule, policy guidance  overview, and will have time for questions and discussion.  Recommendation  None. For informational purposes and toj provide and opportunity for discussion and  questions regarding the UDO project.    STAFF REPORT Title: Speakers: Prepared by: Approved by: Background  Town Council, Thursday, October 10, 2024  R-24-01 - Applicant Presentation-  Request for Conditional Rezoning, Brown Ridgel 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 the properties identified as 232 Brown Ridge Road, furtheri identified as PIN 9642454335, and two additional parcels with the PINS 9642358990 and 9642345488 from Mills River Light Industrial (MR-LI) tol 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 viai the The proposed conditional zoning district for the subject property lists multifamily development as a permitted use in up to 65 residential buildings, with up to 290 dwelling units at a density of 41 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 of the conditional rezoning due to inconsistencies with the Town's comprehensive plan and future land use map. The applicant has requested an opportunity to informally introduce the development concept to Town Council. The applicant will be leading the 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 ai formal public hearing. None. The applicant's presentation is for informational purposes only.  preliminary masterplan approval process.  masterplan.  Discussion  Recommendation    STAFF REPORT Title: Speaker: Prepared by: Approved by: Background  Town Council, Thursday, October 10, 2024  Year To Date Tax Collections, September.2024  Aurelie' Taylor, Tax Collector Tax Department  Matthew McKirahan, Town Manager  Per North Carolina General Statute 105-350 (7), the general duties oft the Tax Collector include submitting to the governing body a report oft the amounts collected on each year's taxes, the amount remaining uncollected, and the steps being taken to encourage the  payment of uncollected taxes. Said report is attached.    Tax Collection Report Aurelie Taylor Tax Collector  2024 Property Tax Collections  79%  Collected  - Balance  Collection Percentage 2024: : 21.07% Collection Percentage 2023: : 18.81%  Balance as ofJ July 1, 2024  September Adjustments Collected 59,085.72 408,362.45  Year To Date  Tax Year  Scroll Total 2024 3,844,922.03 2023 2022 2021 2020 2019 2018 2017 2016 2015 2014  Adjustments Collected -39,898.57 801,832.91 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00  Balance to Collect 3,003,190.55 15,850.52 8,835.03 6,767.90 4,750.41 5,041.81 4,433.41 2,636.90 1,169.47 1,220.31 459.66 51,165.42  17,438.47 9,193.91 6,955.10 4,885.20 5,119.93 4,591.99 2,748.96 1,492.03 1,220.31 459.66 54,105.56  686.36 148.71 162.48 119.97 167.39 134.10 111.96 111.96  1,587.95 358.88 187.20 134.79 78.12 158.58 112.06 322.56 0.00 0.00 2,940.14  Total Prev. Years  0.00  1,642.93  Adjustments" include deferments, exemptions and exclusions received with the scroll from Henderson County as well as bills less than $5.00, releases received from the County, underpayments less than $1.00, discovery oft taxable property during the year, utility properties billed through  NCDOR, and disqualification of property from the Present Use Value program. These numbers are UNAUDITED.    FINANCIAL DASHBOARD QUARTER END 09-30-24  ADOPTED ACTUAL FY2024 AMENDED ACTUAL BUDGET Q1 Q1 BUDGET YTD 5,500 1,260 844 3,500 1,260 1,816,500 549,889 491,083 1,810,000 549,889 8,000 6,485 3,275 13,000 6,485 145,448 75,503 75,446 45,000 75,503 40,000 19,189 9,482 14,500 19,189 0 0 100 0 78,238 156,000 0 11,250 263,000 0.00 3,145,805  OPERATING BUDGET EXPENDITURE PERCENTAGE  CAPITAL BUDGET EXPENDITURE PARK- EQUIPMENT PARK-GREENSPACE PARKMANAGEDMEADOW: PARK-RAMP/STAIRS = INFORMATIONT TECH UDO LANDA ACQUISITION LANDF PRESERVATION VEHICLES  REVENUES PENALTESMOLATIONS SALES TAXF REVENUES PERMITSANDFEES INTEREST ONI INVESTMENTS PARKS ANDI RECREATIONI FEES MISC REVENUE/CONTRIBAEASE. AGMT 16,800 POWELL BILL REVENUES GRANTI FUNDS ANDI REBATES TRANSFER FROMI FUNDE BALANCE NOTES:  PROPERTYTAX-Real, Personal, Mtr Veh 4,134,667 873,128 773,106 3,695,000 873,128  DEBT SERVICE CAPITALRESERVES PARKS LIBRARY ECONOMIC DEVELOPMENT PLANNINGRZONNG STREETS& HIGHWAYS FIRE POLICE TAX COLLECTIONS ADMINISTRATION BODY  174,000 263,000 932,340  0 0 0 0  TOTAL $7,536,255 $1,525,453 $1,442,724 $9,145,905 $1,525,453  'Over or ahead ofbudgeti items duet to increased activity, interest rates or alle expected fundsr received Parks andF Recreation Playground Access Granta andF Riverbank Restoration! Reimbursement, grant  60 80 100 FUND BALANCE COMMITMENTS QUARTER END 09-30-24  40  100  EXPENDITURES GOVERNING BODY ADMINISTRATION COLLECTION EXPENSE MFORWATONTEONOIDOT POLICE FIRE STREETS& HIGHWAYS PLANNING &2 ZONING CONOMICDPVELOPMENT LIBRARY PARKS & RECREATION DEBT SERVICE ENCUMBRANCE NOTES:  ADOPTED ACTUAL FY2024 CURRENT ACTUAL BUDGET Q1 Q1 BUDGET YTD 35,220 7,870 7,805 35,220 7,870 879,721 276,701 212,882 743,420 276,701 161,000 42,484 27,477 135,255 42,484 99,950 44,000 54,863 102,400 1,023,132 255,783 245,675 982,000 2,288,000 245,858 127,976 2,175,000 245,858 188,000 6,289 3,504 173,000 6,289 269,761 62,488 54,779 270,450 62,488 126,000 103,857 40,000 115,000 103,857 9,500 2,453 1,823 9,500 2,453 669,327 133,362 138,525 635,525 133,362 294,644 99,247 51,043 252,635 99,247 TOTAL $7,536,255 $1,691,580 3,527,886 $9,145,905 $1,691,580  1,500,000  Total Uncommitted Fund Balance 4,139,112  44,000 255,783  500,000 40,869 301,437 423,000 368,000  CAPITAL RESERVES and OUTLAY 1,492,000 411,188 2,561,534 3,516,500 411,188  586,472  0  Includes Purchase of. Johnston Property, Managed Meadow, Managed Green Space, Playground Access Collection Expense: andl Information Technology departments were not brokeno outinp previousy years FUNDI BALANCE PERCENTAGE Estimate as of09-30-24  Reservef for Cash Flow Restricted-CapitalP Reserve/Parks Restricted- -CapitalReserve/TH; Total Assigned Fund Balance=$842,306  Assigned -landP Preservation BAssigned-Buildingl Maintenance Assigned- Law Enforcement  PowelIBill  Totalu Uncommitted FundE Balance.  104.28%    STAFF REPORT Title: Speaker: Prepared by: Approved by: Background  Town Council, Thursday, October 10, 2024  R-24-01 - Consider Setting Public Hearing- 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, furtheri 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 Planning Board considered this item over multiple meetings. At the September 3rd meeting, the Planning Board voted 5-21 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 aj public hearing datel 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, November 4th,  Staff is able to meet public notice requirements ifaj public hearing is held no earlier than    STAFF REPORT Title:  Town Council, Thursday, October 10, 2024  MOU-I Henderson County PublicSchools  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 a Memorandum ofl Understanding (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 stafft 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 sol has made it difficult for them to cover the costs of officials.  Discussion  Town staff, in collaboration with the Town Attorney, have reviewed the 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 the proposed change.  Policy Analysis  Town Council is required to approve any MOUT before staff can execute the agreement and per N.C.G.S. 160A-461 the Town must ratify the agreement by resolution (2024-10). Staff recommends signing the MOU with the Henderson County Public Schools and  Recommendation adopting resolution 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 oft the citizens of the Town of Mills 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 ofits 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 oft the outdoor school property", pursuant to G.S.  115C-524.  WHEREAS, MR has the authority to permit the use of its real and personal property for WHEREAS, MR and HCPS believe it is ini the best interest oft the citizens oft the Town of Mills River and Henderson County in meeting their educational, recreational and athletic needs to  such purposes, pursuant to G.S. 160A-274.  cooperate inj 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 own 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 dol 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 for MR facilities will be directed to the Parks & Recreation Department with a copy going to thel 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 ift there is a 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 or 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 ofattending an HCPS event shalll be charged.  4. Personnel. At all times that MR is using a HCPS facility, it shall be supervised by adequate MR personnel. Atall 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. 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 ofany improvements to said facilities shall be the sole responsibility  ofthe 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 ai minimum of$1,000,000.00: inl 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 ofexecution and be valid for 1 year unless terminated prior as herein provided. At the end of the term oft this agreement it    shall auto renew annually unless terminated by either party and until such time as the 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 ofthe 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 has facilities appropriate for the educational and athletic programs of Henderson County Public Schools, and Henderson County Public Schools has facilities appropriate for recreational programs of Town of WHEREAS, both the Town of Mills River and Henderson County Public Schools have a mutual interest ini meeting the educational, recreational and athletic needs oft the citizens of the Town of Mills River and Henderson County, withi thel least WHEREAS, Town of Mills River and Henderson County Public Schools believe iti isi ini the! best 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 $160A-274. The Town of Mills NOW THEREFORE, BE IT RESOLVED byt thel Mills River Town Council that the Town of Mills River is entering into an agreement with Henderson County Public Schools for the use ofe each other's real and personal property. The Town Manager  and  Mills River; and  expenditure of publici funds; and  providing programs and facilities; and  River has the authority enter into such agreement pursuant to 5160A-461.  isa authorized to execute the attached interlocal agreement with Henderson County Public Schools.  ADOPTED this the 10th day of October, 2024  Shanon Gonce Mayor  ATTEST By:  MILLS MILL AA NE24.  Patty Brown, CMC, NCCMC Town Clerk Deputy    STAFF REPORT Title: Speaker: Prepared by: Approved by: Background (MR-MU). Discussion  Town Council, Thursday, October 10, 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 briefs statement describing whetheri its action is consistent ori 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 oft the proposed rezoning shall be  subject to review in a court ofl law.  approved byt the governing board."  Policy Analysis rezoning decision. Council's consideration. Recommendation  Council must adopt a statement of consistency and statement ofr reasonableness with any Staff has provided a draft statement ofconsistency and draft statement of reasonableness for  Stattrecommends Council adopt the statement of consistency and statement of reasonableness: asp presented to meet State requirements to formally deny the rezoning request.  Attachments  A. Draft Council Statement ofConsistency B.D Draft Council Statement ofl Reasonableness:    ATTACHMENTA  TOWN COUNCIL: STATEMENT OF CONSISTENCY WITH 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 al 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 oft the Town's Making Mills River 2040 Making Mills River 2040 Comprehensive Plan, Element One - Land Use: Element6 6-  inconsistent with an adopted comprehensive plan.  Comprehensive Plan and Future Land Use Vision Map. Infrastructure and Economic Development  OBIECTIVE1.6 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:Adequate Capacity to Support Job Development  POLICY 6.2.1: Consider the availability and capacity ofland to support job development in land development review and policy formation.  Rezoning Request R-24-03 Statement of Consistency 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 MiliRver Townlimt Conmerciatcrosvods Communtycenter nowpalardempbyres Mxedt residertal Ruralresidertal  Community Center agricultural. Desirable Uses Civic & Community Parks & Public Space Trails & Recreation Schools Retail Restaurants Office Duplexes Townhomes Apartments statement.  This category is to promote a mix of uses to include commercial, residential, industrial and  Acceptable Uses Services Institutional Agriculture  Not Desirable Industrial Estate Lots  On October10, 2024, the Town Council, bya  vote, approved this consistency  Shanon Gonce, Mayor Town ofMills River  Rezoning Request R-24-03 Statement of Consistency Page 2of2    ATTACHMENTB  TOWN COUNCILSTATEMENT OF REASONABLENESS FOR REZONING  DRAFT R-24-03  Pursuant to NC6S9160D-605D), when adopting or rejecting any petition foraz zoning map amendment, as statement analyzing the reasonableness oft the proposed rezoning shall be approved by The Mills River Town Council finds the proposed zoning map amendment is not reasonable and not in the public interest and) has considered the following factors, among others, ini its 1. The size, physical conditions, and other attributes oft the areaj proposed tol be a. The subject property is 2.14 acres and has no existing structures. The property is located in a commercla/industrial subdivision (Mills River Industrial Park), platted and approved on March 17,1994, before the Town's incorporation. All existing structures in the subdivision are non-residential. The property is located at the terminus of Brandy Branch Road, adjacent to and east of DLV Roofing. The property also abuts Clement Drive, aj private road along the northern property line. Clement Drive is the primaryaccess 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. oft the 2040 Comprehensive Plan.  Industrial isi identified as a not desirable use.  3. The benefits and detriments to thel landowner, neighbors, and surrounding  community.  a. Thel benefit to the: subject property owner: is the ability to establish their fabrication businessi in coexistence with a residential structure on the same property under Mixed User: zoning, for the purpose of providing housing fora b. The detriment to the surrounding neighbors is ifthe property is rezoned to Mixed Use, and ift the property is developed, almost all uses are permitted by  family member.  Rezoning Request R-24-03 Statement of] Reasonableness Page1of2    ATTACHMENTB  rightand include the possibility of the property being developed with additional uses that may or may not be considered unwanted by adjacent property owners. Additionally, iti is not known ift the subject property has the legal right to access Clement Drive for the potential single-family home. The detriment to surrounding property owners ini the Mills River Industrial Parki is that Mixed Use zoning would allow the establishment of a residential use on land in the industrial park, which is inconsistent with the commercial and industrial nature ofa 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. Thel benefit to the community is the proposed rezoning mayl lead toi future investment in subject property, while increasing the supply ofhousing.  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 /industrial park.  5. Why the rezoning is ini the public interest.  a. The proposed rezoning is not in thej publici 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 /orresidential b. Thej proposed rezoning is noti in the public interest because development of thej property with a residential use may be in violation of the restrictive Thej proposed rezoning is noti ini the publici interest because it is not consistent with the' Town's comprehensive plan orf future. land use: map.  uses ini the Clementi neighborhood.  covenants for thel Mills River Industrial Park  6. Any changed conditions warranting the rezoning. On October 10, 2024, the Town Council, bya reasonableness statement. Shanon Gonce, Mayor Town ofl Mills River  a. None known.  vote, approved this rezoning  Rezoning Request R-24-03 Statement of Reasonableness Page 2of2    STAFF REPORT Title: Speaker: From: Approved by: Background  Town Council, Thursday, October 10, 2024  Reappointment to Board ofAdjustment Patty Brown, CMC, NCCMC - Deputy Clerk  Administration  Matthew McKirahan - Town Manager  Jeff Moore has served on the Board of Adjustment since 2021. His current term expires on November 18, 2024. Hei 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 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 November 18, 2027. 2. Appoint from applications on file. There are none. 3.Advertise position and address at: a future meeting.  1    STAFF REPORT Title: Speaker: From: Approved by: Background  Town Council, Thursday, October 10, 2024  Reappointment to Board ofAdjustment Patty Brown, CMC, NCCMC- Deputy Clerk  Administration  Matthew McKirahan - Town Manager  Jim Foster 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: kecommendation  Yes, on Double Oak Courti in District2  Excellent  Town Council's options are as follows:  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