579  MINUTES BREVARD CITY COUNCIL Regular Meeting November4, 2024-5 5:30PM  The Brevard City Council meti ini regular session onl Monday, November 4, 2024, at 5:30) p.m. in the Council Chambers of City Hall with Mayor Copelofpresiding Present- Mayor Maureen Copelof, Mayor Pro Tem Gary Daniel, and Council  Members Macl Morrow, Aaron Baker, and Lauren Wise Absent - Council Member Pamela Holder  Staff Present- - City Attorney Mack McKeller, City Manager Wilson Hooper, City Clerk Denise Hodsdon, Assistant City! Manager/Finance Director Dean Luebbe, Assistant City Manager David' Todd, Planning Director Paull Ray, Assistant Planning Director Aaron Bland, Senior Planner Emily Brewer, Human Resources Director Kelley Craig, Communications Coordinator Becky McCann, Police ChiefTom Jordan, Fire Chief Bobby Cooper, Public' Works Director Wesley Shook, WaterTreatment: Plant ORCI Dennis Richardson, Wastewater Treatment Plant Assistant ORC Aaron Winans, Community Center Director Tyree Griffin, and Police Captain Aaron' Thompson Press- - Jon Rich, Transylvania Times; Dan DeWitt, Brevard NewsBeat A. Welcome and Call to Order- Mayor Copelof called the meeting to order B. Invocation - Shelly Webb of Sharing House offered an invocation. C.Pledge of Allegiance - Mayor Copelofled thej pledge of allegiance. D. Certification of Quorum - City Clerk Denise Hodsdon certified thata quorum was present. Mr. Morrow moved, seconded by Mr. Baker to excuse Council E. Approval of Agenda - Mr. Daniel requested to move Item M-1 Designation of ABC Board Chairt tot the Consent Agenda asl Item K-12. Attorney McKeller requested to add a Closed Session fora al Pending Litigation matter as Item 0-1. Mr. Daniel moved, seconded by Mr. Wise to approve the agenda as amended. The motion carried  and welcomed those present.  Member Holder. The motion carried unanimously.  unanimously.  F. Approval of Minutes  F-1. October21,2024 Regular Meeting Mr. Wise moved, seconded by Mr. Morrow to approve the minutes of the October 21, 2024 Regular Meeting as presented.  The motion carried unanimously.  G. Public Comments - None. H. Certificates/Award/Recognition  H-1. Proclamation No. 2024-23 Veteran's Day Mayor Copelofr read the  proclamation aloud.  Proclamation: 2024-23 Commemorating' Veterans Day November: 11,2024  WHEREAS, the freedoms we enjoy as Americans have been purchased and maintained. ata a high  pricet throughout our history; and    580  WHEREAS, since the establishment oft the original 13 states, Americans havel been willingt to fight and die top preserve theiri individual rights as guaranteedi int the United States Constitution and the Bill of WHEREAS, wec owea a greato debtt tot those who have servedi inc defense oft this nation, ast throughout thes generations, their sacrificesl have preserved our uniquef form ofg government dedicatedt tol human rights WHEREAS, for many, that sacrifice had ended in permanent injury or death, yet their spirit remains in the continued preservation of our freedoms and the promise of liberty established as an WHEREAS, in! honor oft these dedicatedi men and women, we pledge our continued defense ofo our nations sot thatt their sacrifice will: stand! before the entire world as at tribute tot the spirit and determination NOW, THEREFORE, I,N Maureen Copelof, Mayor oft the City of Brevard, North Carolina, call upon our citizens to salute all Brevard and Transylvania County veterans who have served with honor and distinction, and to observe this dayv witha appropriate ceremonies in! honor ofo our veterans, both livinga and deceased, who have served this Country so willingly to preserve the principles of justice, freedom and democracy; tof fly the flag; and tos show our veterans wea appreciate their greats sacrifice.  Rights; and  and respect fort thei individual; and  example fora allt the oppressed persons oft the world; and ofpeople dedicatedt tot thej principles offreedom and democracy.  Proclaimed this 4th day of November, 2024. I.S Special Presentations- - None. .PublicH Hearing(s)  Attest: Denise Hodsdon, CMC, City Clerk  s/Maureen Copelof, Mayor  J-1. Proposed City ofl Brevard Unified Development Ordinance Text Amendment rel Pisgah Forest Gatewayl District- - Aaron Bland explained that this isa staff-initiated rezoning: and text amendment to create a new: zoning district fort the Pisgah Gateway Entrance area andt that his presentation would cover both public hearings regarding the proposed new district. A copy ofH his presentationi is attached. He noted thatt the current zoning oft that: area is inappropriate fori its context asi itis mostly zoned thes same as Downtown, which has caused some issues from aj permitting standpoint over they years. The proposed rezoning and text amendment would create a new district, thel Pisgah Gateway Mixed Use (PGX) district, that captures the unique character of this area with more context-specific: standards. Additionally, thisi is one of the unique character areas that willl havei its own architectural: standards in the coming months. The Planning Board discussed thel PGX district att their June 25th and September 24th meetings and they recommended omitting thes single-family houses that front on Deavor Road, but Staffis continuingt tor recommend that the entire architectural standards character: area be included to avoid: split-zoning some oft thej parcels that At5:54 p.m. Mr. Morrow moved, seconded by Mr. Daniel to open the public  front on both thel highway and Deavor Road. hearing. The motion carried unanimously.  Public) Participation:  Donnal Duty of2121 Deavor Road said my father passed earlier this year and lived at212 Deavor Road. By us they were allowed tol build al big wall andi raise their property up for commercial next door tol his house. When the flood come, itj just stops att the wall;i itt took our natural flow of water through that house and the] pasture into the drains. Therei isi no drainage So when the flood happened af few weeks ago, Iknowi it wasa a lot ofr rain, itj just built up: at the wall and kept rising to 44 inches. So, Ihave an issue that, becausel hisl land..they are working on the road behind us (64) andt they've alreadyl built thel bank that took the ditchline SO we don't have a ditch. I've asked them toj please puts some kind of ditch to draini itt to the creek which sets behind Pisgah Forest. My question isi ift that'sa a floodz zone, whichi iti is now, they consideri ita flood zone, and they build up, I'm going tol have a wall behind the house just like the wall that sits next to us andt then we're goingt tol be like a fishbowl with water, because there's no drainage. So, my problem is what does that do to my property value? Itisab big concern and Ido  Minutes- Brevard City Council Meeting- November4 4,2 2024  Page 2of11    581  have pictures showing the wall and showing whati it does. Thati isal big concern with me, to: zonei iti in because the property goes down hill andI Iknow they won'th build on the bottom; they'll raisei it upl like they didt to the property next to us. There is no drainage; they said they were going toj put drainage in, but no drainage whatsoever. Itjusts stops At 5:58 p.m. Mr. Morrow moved, seconded by Mr. Baker to close the public During Council comments/questions, Mr. Wise asked for morei information regarding thel Planning Board'sr recommendation to omit the residences on Deavor Road: and Staff's concern regarding split-zoning. Mr. Bland explained that undert the new! PGXt those residences would be considered a pre-existing non-conformity foras long as they arel livedi in and they would be allowed to makei improvements anda add on toa an existingl house. Het thought the Planning Board's main concern' was with the few mobile homes that are there that would not be allowed to upgrade to ar new stick-built This item willl be placed on the: agenda for Council action ati its November 18, J-2. Proposed City of Brevard Zoning Map Amendment rel Pisgah Forest At 6:071 p.m. Mr. Wise moved, seconded by Mr. Morrow to open the public  att the wall.  hearing. The motion carried unanimously.  house. 20241 meeting. Gateway District  hearing. The motion carried unanimously. Public Participation - None. hearing. The motion carried unanimously.  At 6:07 p.m. Mr. Morrow moved, seconded by Mr. Wise to close thej public This item willl be placed on the agenda for Council action ati its November 18, K. Consent and Information Consent Agenda items are considered routine and are enacted by one motion. Mayor Copelofread: aloud the items listed and asked forai motion to approve the consent agenda. Mr. Morrow moved, seconded by Mr. Baker to approve the consent agenda. The motion carried unanimously.  20241 meeting.  K-1. Resolution Fixing a Date of Public Hearing for Annexation - Mills Ave ARESOLUTIONI FIXING AI DATE OFI PUBLICI HEARING ON1 THE QUESTION OF ANNEXATION PURSUANT TOI NCGS 160A-31, AS AMENDED WHEREAS, aj petition was received on September 17, 2024, requestingt the: annexation ofa contiguous aread describedins said Petitiona ast the Mills Ave Properties, LLC propertyl located onl Forest Hill Drive, Brevard, NC 28712, consisting of 4.64 acres, more orl less, be annexed into the Cityof Brevard. (Tax Property Identification! Numbers: 8585-36-0021; 8585-35-0899-000; 8585-35-1747- WHEREAS, the Brevard City Council has by Resolution No. 2024-47 directed the City Clerk to WHEREAS, certification by the City Clerka ast tot thes sufficiency ofs said petition has been made. NOW,THEREFORE, BEI IT RESOLVED! BY THE CITY COUNCIL OFTHE CITY OF BREVARD, Section: 1. That: aj public! hearing ont the question ofa annexation oft the contiguous area described below asr requested by Mills Avel Properties, LLC, willl bel held at Brevard Cityl Halla at5 5:30P.M. ont the 4th  Properties, LLC/Forest! Hilll Drive  RESOLUTIONI NO. 2024-48  000; and8 8585-35-1676-000). investigate the sufficiency thereof; and NORTH CAROLINA1 THAT: dayo ofD December, 2024.  Minutes- Brevard City Council Meeting- November4,2024  Page3of11    582  Section 2. The: area proposed fora annexation isc described as follows:  Beginninga atabroken concrete monument having North Carolinal NADE 83/86 grid coordinates of North: 555675.23 East: 882903.55; said monument: standing S3 36049'51" Ea distance of1 1,328.41 from NCGS MONUMENT GEORGE whichl has North Carolinal NAD 83/86 grido coordinates ofN North: 556738.54 East: 882107.07: and 6.2' away from ane existing utility pole int the righto of wayf for Forest Hilll Road; thencel N 72°35'30"1 Wa distance of9.48't toac calculated point ont the old 45' righto of way; thence N 22°22'36"1 Wa distance of58.85' toa ac calculated point ont the old 45' right of way:t thence N 22°22'36" Wa distance of 30.91't toad calculated point ont the old 45' right of way; thence with a curve turningt tot the right with an arcl length of27.95, witha ai radius of289.00, witha a chord bearing OfN1 19°36'24" W, with a chordl length of27.93, toa ac calculated point ont the old 45' righto ofv way; thence witha a compound curve turning to the right with ana arcl length of5 58.85, with aradius of289.00, withad chord bearing ofN1 11°00'10" W, witha chordl lengtho of58.75', toa a calculated point on the old 45' right ofv way; thence with a compound curve turningt tot ther right with: ana arcl length of5 58.87, witha al radius of289.00, with a chord bearing ofN 00°39'58" E, witha ac chordl length of5 58.76, toa calculated point ont the old 45' right of way; thencel leaving the old righto of way! N4 42°42'28" Ea distance of1 18.15' toap pointi int the center ofa ditch; thence down: and with the center ofad ditch N 70°17'08"1 Ea distance of 32.99' toay pointi int the center oft the ditch;t thence N 65°22'33" Ea distance of4 44.58' toa a pointi int the center ofac ditch; thence N3 39°05'26" Ea distance of 19.33' toap pointi int the center ofac ditch; thencel N1 13°02'07" Wad distance of4 42.04' toap pointi in the center ofa ditch; thence! N1 15°38'54" Eac distance of6 60.58' toap point int the center ofac ditch;t thence N27°30'15" Eac distance of27,48't toap pointi int the center ofa ditch; thence! N 46°24'44"1 Ea distance of34.48' toa pointi int the center ofac ditch;t thence! NS 52°18'45" Ea distance of4 44,06' toa pointi int the center ofa ditch; thence! N6 63°35'23" Ea distance of24.90't toap pointi int the center ofac ditch; thence N 68°35'48" Ea distance of34.51't toaj pointi int the center ofa ditch; thence! N 82042'23" Ea distance of18.77' toa a point in thec center ofad ditch;t thencel N59°06'04"1 Ea distance of 10.91' toap point wheret the ditch meets the center ofE Brushy Creek; thence downa and witht the center ofE Brushy Creek S31045'09" Ea distance of 62.74't toap point int the center of Brushy Creek; thence S3 36°59'42" Eac distance of9 95.95' toa aj pointi int the center ofE Brushy Creek; thenceS36-5942"1 Eac distance of76.42' to aj pointi int the center of Brushy Creek; thences S11000'05" Eac distance of4 45.80' toaj pointi int the center of Brushy Creek;t thence S1 19°22'35" Ea distance of32.79't toap pointi int the center of Brushy Creek; thence S3 38007'26" Ead distance of24.16't toa pointi int thec center ofE Brushy Creek; thence S5 58°35'26" Ea distance of37.39' toap pointi int the center of Brushy Creek; thence S3 38°46'28" Ea distance of1 17.91' toap pointi int the center ofE Brushy Creek; thences 38°46'28" Ea distance of1 15.80' toap pointi int the center ofE Brushy Creek; thence S28°10'33" Ea distance of121.25' toap pointi in the center ofE Brushy Creek; thence S 22°12'32" Eac distance of2 22.95' toap pointi in the center of Brushy Creek; thence S 09°32'28" Eac distance of3.35' toa aj pointi int the center of Brushy Creek; thence S09-32'28" Ea distance of16.33' toap pointi int the center of Brushy Creek; thence S 18°24'11" Wad distance of35.66' toa aj pointi int the center ofE Brushy Creek;t thence! $33058'27"1 Wa distance of6 65.28' toap pointi int the center ofE Brushy Creek; thences $44°26'22" Wa distance of31.27't toa pointi int the center ofB Brushy Creek; thence $14°19'46" Wac distance of2 29.38' toaj pointi in the center of Brushy Creek; thencel leavingt the center ofE Brushy Creek N 77°32'22" Wa distance of21.02' toa aj pointi in the center ofa ditch; thence N7 70°38'59" Wa distance of1 156.06' toaj point int the center ofac ditch; thence N77040'10"1 Wac distance of71.18' toa 5/8" rebar; thence N7 72039'09"1 Wad distance of2 29.26't 'toa5 5/8" rebar; thencel N4 46°48'46" Wac distance of41.05 toa5/8" rebar; thence S8 89°46'32"1 Wac distance of 60.26' to! 5/8" rebar; thence! N 72°47'04" Wad distance of28.12't toa a5/8" rebar; thence! N7 72°50'41"Wa distance of3 30.42' toab broken concrete monument; whichi is thej place and point ofb beginning and containing' Tracts 2A, 2B, 2Ca and: 2Da ass shown on Plat File 22, Slide 158, and havinga an area of4 4.640 Section 3. Notice ofs said public hearing shalll be! published in the' Transylvania Times,a newspaper having general circulation int the City ofE Brevard, atl least ten (10) days prior tot the date ofs said Section 4. This Resolution: shalll become effective uponi its adoption and approval.  acres. publici hearing.  Adopted and: approved this the 4th day of November, 2024.  Attest: Denise Hodsdon, CMC, City Clerk  s/Maureen Copelof, Mayor  K-2. Resolution Authorizing Staff to Renew. Adopta a Green Space Contracts  RESOLUTION! NO.2024-49  ARESOLUTIONI IMPLEMENTING, ADMINISTRATIVEDUTIES UNDER1 THE ADOPTAL GREEN SPACEI PROGRAM  WHEREAS, the City ofE Brevardl has long valuede exceptional quality ofl life anda al beautiful natural  setting; and  Minutes Brevard City Council Meeting- November 4,2 2024  Page 4of11    583  WHEREAS, the City's 2030 Comprehensive Land Usel Plani identifiesa aj policy goal to Celebrate Brevard's natural resources through conservation ofe environmentally sensitive areas, improving access WHEREAS, Brevardi isb blessed witha an actived citizenry thati isv willingt to volunteer time and WHEREAS, the City wishes tor maintaini its greens spaces utilizing thet most environmentally- WHEREAS, the Cityi implemented the Adopta a Green Space Program vial Resolution No. 2022-38. NOW, THEREFORE, BEI ITI RESOLVED BY1 THE CITY COUNCIL OFI BREVARD, NORTH SECTION1 1. The City Planning Department and Community Center Director arel hereby authorized toi implement renewals ofa adoptions fort the Adopta a Greens Space Program: where the adoptee: agreest toa adopt another year; andi no other applications have been received fort the same site; andt thea adopteel has maintained the greens spaces satisfactory accordingt tot the contract; therefore, the administrator ofthe program may renew the: adoption without goingt through the SECTION2. This Resolution shalll become effective uponi its adoption and: approval.  tor recreation, and restoration ofr native ecosystems (Goal! 5-PNRC); and  energy into the community:and friendly methods possible; and CAROLINA THAT:  entire newa adoption process again.  Approved and adopted this 4th day of! November, 2024.  Attest: Denisel Hodsdon, CMC, City Clerk  s/Maureen Copelof, Mayor  K-3. Resolution Accepting $352,000 Grant for Wastewater Treatment  Plant Engineering  RESOLUTION! NO.2 2024-50 BYTHE CITY COUNCIL OF THE CITY OF BREVARD ACCEPTING FUNDING OF $352,0001 FORI ENGINEERING SERVICESI RELATED TO' THE WASTEWATER TREATMENT PLANT UPGRADE ORI REPLACEMENT  WHEREAS, the City of Brevardl has receiveda al Directed Projects grant from the 2023 Appropriations Act, Session Law2 2023-134, administered throught the! Drinking Water Reserve and Wastewater Reserve toa assist eligible units ofg government with meeting their WHEREAS, the North Carolinal Department of Environmental Quality has offered 2023 Appropriations. Act funding int the amounte of$352,000 top perform work detailed int the submitted WHEREAS, the City ofBrevardi intends top perform said projecti ina accordance with the agreed NOW, THEREFORE, BEI IT RESOLVEDI BYTHE CITY COUNCIL OF THE CITYOF SECTION1 1. That the City ofE Brevard does hereby acceptt the 2023 Appropriations. Act SECTION2. That the City ofE Brevard does hereby give assurance tot thel North Carolina Department ofE Environmental Quality that any Conditions or Assurances contained int the Award SECTION 3. That Wilson Hooper, Cityl Manager, ands successors sot titled, is hereby authorized and directed tof furnishs suchi information: ast the: appropriate! State agency may requestin connection witht this project; tor maket the assurances as contained above; and to execute such other documents: ast may! ber required byt the Division ofWater Infrastructure.  water/wastewater infrastructure needs; and  application; and scope ofv work.  BREVARD, NORTH CAROLINA:  Directed Projects Grant offer of$ $352,000. Offer will be adhered to.  Adopted and approved this 4th dayo of November, 2024.  Attest: Denise Hodsdon, CMC, City Clerk  s/Maureen Copelof, Mayor  Minutes- Brevard City Council Meeting- November4 4, 2024  Page5of11    584  K-4. Capital Project Amendment- WWTP-$ $352,000 Grant Funding SRP-  W-134-0175  ORDINANCE NO.2 2024-40  CAPITALI PROJECT ORDINANCETO AMEND ORDINANCE! NO.2024-30 WASTEWATER TREATMENTI PLANT UPGRADE ORI REPLACEMENTI PROJECT  BEI IT ORDAINEDI byt the City Council oft the City of Brevard, North Carolina that pursuant to Section 13.2 ofChapter 1590 oft the General Statutes of! North Carolina, the following capital project ordinance isl hereby Section 1:T Thel budgeted expenditures and revenues listed under the ordinance 2024-30 will be Section 2: Thel Project involves the upgrade or replacement oft the Wastewater Treatment Plant, andi isc currentlyi int the preliminarye engineering phase. The City received notification ins September of2024, that grantf funding would! bea allowed fort the preliminary engineeringphase Section 3: The Project is expected to last several years, and while total projected costs are unknown at this time, they could exceed $50M, dependent upon the scope oft the improvements  amended:  decreased from $357,800 to$ $352,000.  needed. Account Number 31-8220-0925 31-8220-0925  Section 4: The following amounts are appropriated for the project:  Account Name Professional Services Professional: Services  Budget Amount $357,800 ($5,800) $352,000 Budget Amount $357,800 ($357,800) $352,000 $352,000  TOTALPROJECT APPROPRIATION  Section! 5: The following revenues are anticipated tol be available fort thej project:  Account Number 31-3760-1908 31-3760-1908 31-3970-0800  Accountl Name Trans f/ Water- WWTP Trans fWater-wWTP NCDEQ SRP-W-134-0175  TOTALI PROJECTI REVENUE contractual: agreements, ifapplicable. and orderly and timely manner.  Section 6: The Finance Director is hereby directed to maintain within the capital project fund sufficient specific detailed accounting records to satisfy the disclosure requirements of all the Section 7: Funds may be advanced from the General Fund or from any Enterprise Fund as necessary for thej purpose ofr making payments as due. Reimbursement: requests shalll ber madei in Section 8: The Finance Directori isd directed tor report, ona a quarterly basis, ont the financial status Section 9: The Finance Director is further instructed to include a detailed analysis of past and future revenues and expenses during each annual budget submission made to the Governing Section 10: Copies oft this capital projects shall bef furnished tot the City Clerk, Finance Directora and  ofeach! projecte elementi in Section: 3 and Section 4.  Board.  City Manager for direction inc carrying out this project.  ADOPTEDI by the City Council oft the City ofE Brevard, North Carolina, ont this  4th day of November, 2024. Attest: Denise Hodsdon, CMC, City Clerk Approveda as to Form: Mackl McKeller, City Attorney  s/Maureen Copelof, Mayor  K-5. Publics Safety Committee Minutes - July 22,2024 K-6. Ecusta Trail Advisory Board Minutes- - August 22, 2024  Minutes- Brevard City Council Meeting- November 4,2 2024  Page 6of11    585  K-7. Council Rosenwald Community. Advisory Board Minutes- - August2 27, K-8. Ecusta Trail Advisory Board Mnte-sepembers2924 K-9. Finance, Human Resources & Citizen. Appointment Committee K-10. Ecusta' Trail Advisory Board Minutes - September 25, 2024 K-11. Correspondence (No Action. Offered as information only.) K-11.a. ABCBoard Minutes - August 22, 2024  2024  Minutes - September 17,2024  K-12 (M-1.) Designation of ABCI Board Chair  RESOLUTIONI NO. 2024-53 RESOLUTION DESIGNATING. ABCI BOARD CHAIR  WHEREAS, pursuant toi NCC GS.518B-700(a)! Local ABCI Boardi members area appointed byt the WHEREAS, NCC G.S.518B-700(a): alsos states' "the appointing authority shall designate one WHEREAS, pursuant tos Section 6.3 ofthe City ofE Brevard Charter, the Mayor: and City Council WHEREAS, the Brevard ABCI Board Chairl has historically serveda a one-year term from July 1to WHEREAS, ati its meeting on October 24, 2024 thel Brevard ABCI Board nominated: Lisa Conner to NOW,1 THEREFORE, BEI IT RESOLVEDI BY THE CITY COUNCIL OF THE CITY OF BREVARD, 1) Thel Brevard City Council does hereby designate Brevard. ABCI Board Member Lisa Conner to  City Council ast the appointinga authority; and member oft thel locall boarda as chairman"; and  shall annually: appoint one member ofthe ABCI Boardt tos serve as chairman; and  June 30 to coincide with the fiscal year;a and serve asA ABCI Board Chair until June 30, 2025. NORTH CAROLINA' THAT:  serve as Chaire effectivei immediately until June 30, 2025. Adopted and: approved this 4th day ofl November, 2024.  Attest: Denise Hodsdon, CMC, City Clerk L. Unfinished Business  s/Maureen Copelof, Mayor  L-1. Proposed. Amendments to City of Brevard Code of Ordinances Chapters 1, 46, and 62 Sidewalk Usage Policy Emily Brewer recalled that thisi isa staff-initiated text amendment to ensure that alli items placed in City or State rights-of- way havei insurance and meet minimum separation requirements. Council held a public hearing: ati its last meeting. Mr. Daniel moved, seconded by Mr. Baker to approve the proposed amendment to the City of Brevard Code of Ordinances, Chapters1 1, 46, and 62 Sidewalk Usage Policy: as presented. The motion carried unanimously.  ORDINANCE NO.: 2024-41  ANORDINANCE AMENDING CITY OF BREVARD CODE OF ORDINANCES 62-STREETS,; SIDEWALKS. AND OTHER PUBLICI WAYS  CHAPTER: 1- GENERAL PROVISIONS, CHAPTER 46-1 PEDDLERS AND: SOLICITORS; AND CHAPTER WHEREAS, North Carolina General Statutes Section 160A-296: states that municipalities have regulatory authority overa allj publics sidewalks within its corporate limits and are responsible for keeping WHEREAS, the City of Brevard Downtown Master Plan Committee reviewed the proposal and  these! public sidewalks open for travela and free from unnecessary obstructions; and,  unanimously recommended inf favor on August 29, 2024; and,  Minutes Brevard City Councill Meeting- November4 4,2024  Page7of11    586  WHEREAS, the City of Brevard Downtown! Master Plan Committee unanimously recommended inf favor ofa amending City of Brevard Code of Ordinances Chapter1 1- General Provisions, Chapter 46- Peddlers ands Solicitors; and Chapter 62- Streets, Sidewalks and Other Public Ways on August 29, 2024; WHEREAS, the City Council ofthe City ofE Brevard finds that thej proposed amendmenti is consistent with theg goals and objectives oft the City of Brevard Comprehensive Land Use Plan Building WHEREAS, aj public! hearing was conducted onl Monday, October 21, 2024, byt thel Brevard City Council, and, afterl hearing: allp persons wishingt to comment, and upon review and consideration ofthe proposeda amendments, itist the desire oft the City Council oft the Cityo of Brevard Code ofOrdinances be NOW,THEREFORE, BEITO ORDAINED BYTHE CITY COUNCIL OF THE CITY OF BREVARD, SECTION 01. City ofE Brevard Code of Ordinances isl hereby amended as depictedi inl ExhibitA A, SECTION 02. As toa any conflictl between this Ordinance: and any parts ofe existing ordinances, the SECTION 03. Ifanys section, subsection, paragraph, sentence, clause, phrase or portion ofthis Ordinance isf fora anyr reason heldi invalid or unconstitutional by any court of competent jurisdiction, such portion shall! be deemed: severable: ands such holding shall nota affect the validity oft the remaining portions SECTION 04. This Ordinance: shalll bei inf full force andi ine effect from anda aftert the date ofits  and,  Brevard 2030a andt the City ofE Brevard Downtown! Master Plan;  amended as outlinedl below. NORTH CAROLINA1 THAT:  whichi isa attached hereto andi incorporatedl herein! by reference.  provisions oft this Ordinance: shall control.  hereof.  adoption and approval.  Adopted anda approved thist the 4th dayo of! November 2024.  Attest: Denise! Hodsdon, CMC, City Clerk Approveda ast to! Form: Mack McKeller, City Attorney  s/Maureen Copelof, Mayor  L-2. Approval ofl Pisgah Labs Agreement: and Acceptance ofUS EDA Grant- - Mr. Hooper recalled that in 2023 Council amended the Code of Ordinances to allow properties outside the cityl limits to connect to the city's wastewater system without annexing according to certain conditions as part ofaj joint economic development agreement between the City and thep property owner. Pisgah Labs, a pharmaceutical manufacturing company with af facility in Transylvania County, plans to expand its operations att the facility, which willi include a $55M investment andi is expected to result int the creation of at least 551 full-time jobs. The expansion project has already been awarded: state and county incentives. Connection to municipal utilities would help with expansion. To fundt the utility connection project the City applied for and was awardeda$ $2.4M grant from the US Economic Development: Administration. Mr. Hooper reviewed the following terms ofa draft Economic Development: and Utility  Extension Agreement with Pisgah Labs:  City Commitments  Permit property to connect to municipal utilities without immediate annexation Construct water and wastewater extension toj property using US EDA grant Assume ownership and maintenance/repair responsibility of thei infrastructure Meet all investment and job creation requirements as outlined in the company's Remove subject property from floodplain using FEMA-approved; procedures, and obtain a' "Letter ofl Map Revision Based on Fill" prior to connection Wastewater discharge must comply withl Brevard Code of Ordinances 70-91 through 70-95 and provisions of 400 CFR subchapter NI Part 401. Voluntarily annexi into the Brevard corporate limits by no later than 12/31/2039 Ifcompany fails tor meet thet terms oft the agreement, they must make us (and our  ifthe terms of the: agreement are met funds and local match from' Transylvania County  at conclusion of project Company Commitments  incentive agreement with" Transylvania County  Otherconsiderations  partners) financially whole, up to $5M  Minutes- Brevard City Council? Meeting- November4 4,2024  Page 8of11    587  The company musta agree to these terms by March: 1,2025 or else they're subject Mr. Hooper saidi ifCouncil agrees to move forward with thei negotiation under these conditions, he would ask that that decision be memorialized by approving two resolutions; one approving thet terms of the agreement, and one: accepting the $2.4M US EDA grant. Mr. Baker moved, seconded by Mr. Daniel to approve thet terms oft the agreement and to authorize the City Managert to execute the: agreement on the City's  tor renegotiation  behalf. Following discussion, the motion carried unanimously.  RESOLUTIONI NO.: 2024-51  RESOLUTION. APPROVING' TERMS OF ECONOMICDIVELOPMENT, AND UTILITY EXTENSION, AGREEMENT' WITHPISGAHLABS WHEREAS, the Pisgahl Labs currently operates aj pharmaceutical manufacturing facility in WHEREAS, thel Pisgahl Labs planst to expand its operations att the facility, which willi include at leastf fifty-five million ($55,000,000) ofi investments inr real andl business personal propertyi in the County WHEREAS, thel Projecti is expected tor resulti int the creation ofatl least fifty-five (55) full-time equivalente employees att the Facility, with average wages exceeding the County's average wage of$39,028 WHEREAS, thel Project will resulti inar new source ofa ad valorem property taxes, sales tax, and WHEREAS, the Cityi ist the owner/operator ofav water and wastewater utility system, access to WHEREAS, the City typically requires properties wishing tor receive municipal utility services to NOW, THEREFORE, BEI ITI RESOLVED! BY THE CITY COUNCIL OFT THE CITY OFI BREVARD, NORTH SECTION 1.Tos support the Project, the City agrees to waivei itst typical requirement and allow access toi its utilities withouti immediate: annexation ifthe Company agrees to certain terms as SECTION 2.1 Pisgah Labs must agreet tot the terms as offered! by! March 1,2025. IfCompany fails to SECTION 3. Brevard City Council designates the City Manager tos sign and execute the attached  Transylvania County; and (the" "Project"): and  forf full-time employment, plus other benefits; and  other revenues whichy will ultimately benefitt the citizens ofT Transylvania County; and  whichi isa advantageous tot the Project; and  voluntarily: annex. CAROLINA' THAT:  outlinedi int thea attached agreement.  sign the: agreement byt that date, the Cityr may offer new terms. Approved and adopted this the 4th dayo of November, 2024.  agreement.  Attest: Denise Hodsdon, CMC, City Clerk  s/Maureen Copelof, Mayor  Mr. Wise moved, seconded by Mr. Baker to approve the resolution accepting the  $2.4M US EDA grant. The motion carried unanimously.  RESOLUTIONI NO.: 2024-52  RESOLUTION. ACCEPTING: $2.4M GRANT FROM THE UNITED: STATE'S ECONOMICI DEVELOPMENT ADMINISTRATION TOE FUND UTILITYEXTENSIONSIONTOSUPPORT PISGAHI LABS EXPANSION WHEREAS, the City of Brevard: supports economic development projects that generate WHEREAS, Pisgah Labsi isa a pharmaceutical companyi in Transylvania County that has been awardedi incentives from the State of North Carolina and' Transylvania County ine exchange for $55Mi in WHEREAS, connection tor reliabler municipal utilities woulds support the project; and WHEREAS, thee expansion: also supports theg goals oft the USI Economic Development Administration, who awardedi ita $2.4M grant toe extendr municipal utilitiest to the property.  investment: and! bring well-payingi jobs tot thea area; and  reali investment: andt the commitment toc create! 55 well-payingi jobs; and  Minutes- Brevard City Council Meeting- November4 4, 2024  Page9of11    588  NOW,THEREFORE, BEITI RESOLVED! BY1 THE CITY COUNCIL OF THE CITY OF BREVARD, NORTH SECTION: 1. Brevard City Councila acceptst the US Economic Development. Administrations:s24M SECTION 2. Usingt the granto dollars andi matchingf funds from' Transylvania County, the City intends too construct utilitye extensions tot the property and permit the property's connection per SECTION: 3. Brevard City Council designates the City! Manager to execute the grant acceptance  CAROLINATHAT:  granta anda alll burdens andi responsibilities thereof. the terms ofas separate agreement with Pisgah Labs. anda administer the grant program. Attest: Denisel Hodsdon, CMC, City Clerk M. Newl Business- - None.  Approved and adopted this the 4th day of November, 2024.  s/Maureen Copelof, Mayor  N. Remarks/Future. Agenda Considerations.  Mr. Wise noted that November 11th is' Veterans Dayand that is an opportunityt to thank veterans for their service. He also reminded everyone to vote tomorrow ifthey have not done so already. Finally, he thanked City Manager Hooper for his workin Mr. Daniel also encouraged everyone to vote. He said Iwould alsol like to mention that this Friday thel Mayor and City Manager willl bei meeting with thel League of Municipalities and Iwould like tos speak as a Council Member to the City Manager. The meetingi is to discuss our present and future needs as a result of the storm andI Iwould sayt that our mosti immediate need, as well as our greatest future needi is housing. The storm has exacerbated our existing shortage beyond crisis point, and asi it was discussed att thel last emergency housing group meeting, I think there needs tol bea a comprehensive: assessment of! homes damaged by thes storm and to know the cost to enable us to properly address funding. Ithink this effort would bei most proficient with ai full-time staff person to organize that data and to coordinate with the aid groups that have been mentioned that are already doing an excellent job. Ithinki if we can get this inat true organized fashioni it would be beneficial for everyone, andi ifthere is help available from any of these organizations that you willl be meeting with, it would be welcome. Our long-term needs...the ongoing effort toi increase our affordable housing, and more directly, how we get low-income housing out of the floodplain, that'sag great need. Wea alsol have thei need that many oft the other towns in our area do, ofour downtown businesses andl how are we goingt to address their needs; what other ideas Mr. Bakers said since thes storm there are: some immediate impacts that! have been occupying: al lot of our attention over thel last few weeks and Ialsol havel been thinking what our response long-term should be. We've talked many times about thel lack of buildable land and our position between al large amount ofp public land that cannot be developed and a large floodplain which limits the space we have fort the city to grow and develop into the future. Ifeell likel land use, whichi is always a hott topic for us, it becomes even morei important for us to manage that strategically with ane eye fari into the future sot that we don't] put people inl harms way, but we also allow for thet types of development that are goingt tol help witha affordability, and help with jobs in the county and the city. Iam! hoping thata as we get out oft the emergency mindset that we can shift towards al more strategic mindset goingf forward. He also reminded everybody that tomorrow is Election Day. He congratulated thel Brevard High School Men's Cross Country' Team for winning back-to-back: state championships and noted that they have won three oft thel lastf four. He added thatt the Brevard College Women's! Soccer team is toward the end ofa an undefeated season and thel Men's Soccer team and thel Football teama are: also having success; and Brevard High Football team is on the doorstep ofa  coordinating the emergency: response efforts during Helene.  are out there? Ihope that we geta al report back.  conference championship.  Mr. Hooper reported that we are welcoming Selena Coffey to our staff starting  Minutes- Brevard City Council? Meeting- November4 4, 2024  Page 10of11    589  next" Tuesday. Shei isaf former Assistant County Manager in Henderson Countyand Town Manager ofWeaverville, NC and Iam excited tol have such an experienced person joining our staff. He also reported thatt the County will bel holding its Emergency Operations Center debrief on November 19th, Mr. Hooper and: staff will be attending Mayor Copelof saidi recovery efforts are continuing, and wel have a very good collaborative group that is working hard on the temporary housing situation. Wel have four campers arriving this Friday, wel have gotten the Habitat for Humanity site: at Woodlawn Terrace ready to go, and we: already have families assigned to the trailers. A bigt thank you tol Duke Power for getting the power up there. We are slowly making progress, but there stilli is quite al lot of need out there. There is ani initiative by the Platt organization raising money to purchase additional trailers. A big thank yout tol both our business community that! has stepped up tol help and to our non-profit community that has been doing everything they can to make this happen. She mentioned that the regional meeting for cities and counties impacted byt thel hurricane willl be: an opportunity tol look att things strategically from: a regional level in terms of, notj just whati is needed today for recovery, but also for that long- term strategic work and! how we move forward ina a coordinated fashion as al region tor rebuild communities that have been decimated. She reminded everyone ofVeterans Day: and noted that City and County buildings have gott the green lights goingi in support of our veterans. She also mentioned that the Community Support Group, dealing with the emotional impact of thel hurricane, meets on Mondays from 9 to 11am for thei next five weeks atl Blue Ridge  and will report backa after that meeting.  Community College.  0. Closed Session  0-1. Pending Litigation: NCGS $143-318.11.00)03) - At6:48 p.m. Mr. Baker moved, seconded by! Mr. Morrow to goi into closed: session to discuss pendingl litigation matter City ofE Brevard Vs. Bauslaugh- Case No. 21-CVS-381 and to clear Council Chambers. The motion carried unanimously. Authorizedi to remain for the closed session with Council and the Attorney were City Manager Wilson Hooper and City  Clerk Denise Hodsdon.  Council Returned tol Regulars Session - at 6:53 p.m. Council resumed the meeting ini regular session. No official action was taken in closed: session and the minutes oft the P.A Adjourn - There being no further business, at 6:53 p.m. Mr. Baker moved, seconded by Mr. Morrow, to adjourn the meeting. The motion carried unanimously.  closed session are authorized tol bes sealed.  bulbtuor Denise Hodsdqn, CMC City Clerk  Maureen Mayor  blg  Minutes Approved: November18.2024  Minutes- - Brevard City Council Meeting- November 4,2 2024  Page 11of11    590  TMEPAGIMDTONUTUTENS    Pisgah Gateway Zoning District  ChyCundiPusicHearng November4,2024  BREVARD NORTHCAROLNA  Background  Why Rezone the Pisgah Gateway Area? R-5799- - NCDOT intersection project Betterments and entrance sign Current zoning inappropriate Unique character  underway  SGAH  Majority oft thea area Downtown Mixed Use (DMX) Issues with DMXs standards ina "rustic" setting Thisi is ani important and visible area that deserves more context-specific: standards Architectural: standards coming Future buildings willl be more context-appropriate ina appearance BREVARD  PLANNINGD DEPARTMENTI2  Background Previous Planning Work Pisgah Forest Small Area Plan Donei in Fall2 2015- - Spring 2016 Nota adopted by City Council downtown Brevard."  PISGAH FOREST  BUILDINGE BREVARD  "Goal 4: Establish a bold gateway for Pisgah National Forest." "The Pisgah Forest Areai requires a different form and character than "Encouraging a mountain' architectural style int this area can go al long way toward developing a sense ofA place ini the Pisgah Forest area." Building Brevard 2030 Comprehensive Land Use Plan "LUH-10: Establish zoning overlay districts for the Asheville Highway  Corridor and Pisgah Forest Area."  areva PLAMAINGDEANIMENTI 3  BREVARD    Background Public Engagement Public Input Events Drop-ins at Hall Meet the Mayor Planning Staffj joined at Hampton Inn Major themes include: Walkability/bikability Unique character Recreation uses Connect tol PNF but also town  WHATISYOUR VISION FORI THE PISGAH  e  aiaons  Cityl  a *R ccs  BREVARD  PLANNINGI DEPARTMENTI4  Proposed Zoning District Pisgah Gateway Mixed Use (PGX) Geographic areal based on the character areai identified in the architectural visual guidelines document endorsed by Council in. June (Res. 2024-27) Planning Board recommended omitting houses fronting on Deavor Road Staff recommends original area to avoid  split-zoning  BREVARD  Propos  BREVARD  XMINGOEPARIMENTIG    Plannit  BREVARD  VNING DEPARTMENTI7  FLUM  BREVARD  WNING DEPARTMENTIB  Proposed Zoning Regulations  Starting point was Neighborhood Mixed Use (NMX) district Between NMX and DMX Allowed land uses designed to be compatible with forest entrance area PGX Architectural standards will be added CMX in the coming months Added to Tier 2 of parking standards GI I Minimum andr maximum Ground signs limited to 32 square feet  TABLE 272-8:SETBACKSFORI PRINCIPALS STRUCTURES District Front) Yards Setback Rear Yards Setback Side YardSetback  GR(4,8) RMX NMX DMX IC CZD  15feet 10feet Edgeo ofright-of-way 15feet Edge ofr right-of-way 10feet 40feet 15feet  25feet 25feet 10feet 10feet Ofeet 10feet/25f feetf from Ofeet/10feetf from residentiald district residentialdistrict 40feet 10feet/25f residential feetf district from 10feet/25feet residentialdistrict from Tobe determinedby: approving: authority  6feet 6feet Ofeet/ /10feet Irom residentialdistrict Gfeet Ofeet 40feet  BREVARD  PLANNINGD DEPARTMENTI9    Proposed Zoning Regulations  Land Use Matrix  Used NMX as as starting point Added/removed uses thats seemed appropriate for the context as a gateway and thes setting adjacent tot the forest Single-family dwellings not allowed Alll lodging uses allowed Many commercial, retail, recreational, and eating/drinking uses allowed Very limited manufacturing  BREVARD  PLANNINGI DEPARTMENT 10  Proposed Zoning Regulations  TABLE8.4-A: REQUIRED BUFFER YARDS BY ZONING DISTRICT  Adjacent District  GR RMX NMX  DMX IC CMX GI  GR None None None None None None B RMX B None None None None None None D  D  NMX B PGX B DMX B IC C CMX D GI  A None! None None None None D A A None None None None D A A A None None None D C C Ç C None None None D D D D None None None E E E None None None  Districti inv Which Developmenti isL Located  BREVARD  PLANNING! DEPARTMENT 111  Proposed Zoning Regulations  TABIES.A:PERMITED BUILDING TYPE BY DISTRICT  Zoning District RMX NMX DMX X X X X: x X X X X X X X X X X X X x  Building Type Civic Institutional House Townhome Apartment Mixed-Use Commercial BREVARD  GR x x X X  CMX x  IC X X x X X  GI  X X X X  12    Planning Board Recommendation Add Places of Worship as al by-right permitted land use Change thei front yard setback to edge of right-of-way  BREVARD  DEPARTMENTI 13  Timeline  June 25th-F Planning Board review September 24th. - Planning Board review and vote to recommend with minor modifications Tonight - City Council: public hearings Text Amendment - createt the standards Zoning Map Amendment - create the district November 18 - City Council: vote  BREVARD  PLANNINGI DEPARTMENT 14