W TOWN OF WEDDINGTON REGULAR TOWN COUNCIL MEETING MONDAY, FEBRUARY 10, 2025 - 7:00 P.M. WEDDINGTON TOWN HALL 1924 WEDDINGTON ROAD WEDDINGTON, NC 28104 AGENDA 1. Call to Order 2. Determination of Quorum 3. Pledge of Allegiance 4. Additions, Deletions and/or Adoption oft the Agenda 5. Conflict of Interest Statement: In accordance with state law, it is the duty ofevery Council member to avoid conflicts ofinterest. Does any Council member have any known conflict of interest with respect to any matters on the agenda? Ifso, please identify the conflict and refrain from any participation in the matter involved. 6. Mayor/Councimember Reports 7. Public Comments 8. Public Safety Report 9. Consent Agenda A. Approve January 13, 2025 Town Council Regular Meeting Minutes B. Authorize Tax Collector to Advertise 2024 Unpaid Real Property Taxes C. Approval of 2026 Urban Archery Season Renewal D. Amend Town Council Regular Meeting Schedule for the Council Retreat to be held on March 27, 2025 from 9 a.m. to 4 p.m. at Rolling Hills Country Club in Monroe, NC 10. Old Business 11. New Business A. Discussion and Consideration of Resolution 2025-01 Support of HB 24-Repeal of Downzoning section of; SB 382* B. Application by Keystone Homes for Conditional Zoning Approval for development of a 12-lot subdivision on Deal Road (parcel number 06099010) i. Public Hearing ii. Discussion and Consideration C. Text Amendment 2025-01 to the Town of Weddington Unified Development Ordinance Section D-917A.Q. Tree Requirements (Tree Ordinance) i. Public Hearing ii. Discussion and Consideration D. Text Amendment 2025-02 to the Unified Development Ordinance Section D -917A. - J. Cul-de-sacs i. Public Hearing ii. Discussion and Consideration Town of Weddington Regular Town Council Meeting Agenda 02/10/2025 Page 2 E. Text Amendment 2025-03 to the Unified Development Ordinance Section D-917A.1. Street Design and Standards i. Public Hearing ii. Discussion and Consideration F. Discussion of Flock Cameras throughout Weddington Municipal Limits 12. Code Enforcement Report 13. Update from Finance Officer and Tax Collector 14. Updates from Town Planner and Town Administrator 15. Transportation Report 16. Council Comments 17. Adjournment W TOWN OF WEDDINGTON REGULAR TOWN COUNCIL MEETING MONDAY, FEBRUARY 10, 2025 - 7:00 P.M. WEDDINGTON TOWN HALL MINUTES PAGE 1 OF1 11 1. Call to Order Mayor Bell called the meeting to order at 7:00 p.m. 2. Determination of Quorum Quorum was determined with all Councilmembers present: Mayor Jim Bell, Mayor Pro Tem Tom Smith, Councilmembers Jeff Perryman, Brannon Howie, and Darcey Ladner. Staff: Town Administrator/Clerk Karen Dewey, Town Planner Gregory Gordos, Finance Officer Leslie Gaylord, Admin Assistant/Deputy Clerk Debbie Coram, Town Attorney Karen Wolter, Deputy Grant Wrenn Visitors: Preben Andersen, Mike Morse, John Schick, Barb Schick, Chad Emerine, Melissa Emerine, Steve Fellmeth, Eileen Fellmeth, Bill Deter, Michele Nichols, Wesley Nichols, Jimmy Margiones, Sunil Kurmanev, Ananth Raja, Bob Seilasse, Tracy Stone, Jessica Lindgren, Christopher Neve, Collin Brock, Ellen McLaughlin 3. Pledge of Allegiance Council led the Pledge of Allegiance. 4. Additions, Deletions and/or Adoption of the Agenda Motion: Councilmember Perryman made a motion to adopt the agenda as presented. Vote: The motion passed with a unanimous vote. 5. Conflict of Interest Statement: In accordance with state law, it is the duty ofevery Council member to avoid conflicts ofinterest. Does any Council member have any known conflict of interest with respect to any matters on the agenda? Ifso, please identify the conflict and refrain from any, participation in the matter involved. Mayor Bell read the Conflict of Interest Statement. No councilmember had a conflict of interest. Town of Weddington Regular Town Council Meeting Minutes 02/10/2025 Page 2 of11 6. Mayor/Councimember Reports Councilmember Perryman reported that the next Western Union Municipal Alliance (WUMA) meeting is February 27th at 4 p.m. at Wesley Chapel. The March meeting will be in Marvin on March 27th at 7 p.m. and the Union County Manager, Brian Williams will be present. Senator Todd Johnson and Representatives Willis and Arp will be in attendance as well. Ify you can't make it, send Karen Dewey an email with your questions and it will be forwarded to the WUMA group. Mayor Pro Tem Smith reported that he is waiting for the secondary road paving schedule from NCDOT. 7. Public Comments No public comments. 8. Public Safety Report Deputy Wrenn gave the public safety report: the two newest Weddington deputies are out of training, Deputy Will Golub from Albemarle and Deputy Ian Barclay from Stanly County. Both have great experience in small towns. One deputy is traffic enforcement oriented, one concentrated in investigations. The third is transferring from the Village of Marvin, Contact information can be found on the town website. Report numbers: 911 hang-ups, alarm calls, and accident numbers all dropped. Business checks and preventative patrols increased; suspicious vehicles increased. UCSO wants residents calling in when they see something suspicious. Saturation patrols increased. Don't hesitate to reach out to deputies. 9. Consent Agenda A. Approve January 13, 2025 Town Councill Regular Meeting Minutes B. Authorize Tax Collector to Advertise 2024 Unpaid Real Property Taxes C. Approval of 2026 Urban Archery Season Renewal D. Amend Town Council Regular Meeting Schedule for the Council Retreat to be held on March 27, 2025 from 9 a.m. to 4 p.m. at Rolling Hills Country Club in Monroe, NC Motion: Mayor Pro Tem Smith made a motion to approve the Consent Agenda as presented. Vote: The motion passed with a unanimous vote. 10. Old Business 11. New Business A. Discussion and Consideration of Resolution 2025-01 Support of HB 24-Repeal of Downzoning section of SB 382* The Mayor introduced the resolution. In December a state law supporting the western NC emergency funding was passed with a downzoning bill snuck in, it was vetoed by the Town of Weddington Regular Town Council Meeting Minutes 02/10/2025 Page 3 of1 11 Governor, but then that was overturned by the General Assembly. This resolution is showing support of a bill that will repeal the downzoning section oft the state law. Councilmember Perryman commented that towns don't want Raleigh taking away local elected officials' ability to determine zoning. He said he would comment to the Union County delegation about that. Councilmembers commented on local control of zoning decisions and emphasized the importance of community support in reaching out to local representatives. Motion: Councilmember Howie made a motion to approve Resolution 2025-01 Support ofHB24 = Repeal of Downzoning Section of; SL 382. Vote: The motion passed with a unanimous vote. B. Application by Keystone Homes for Conditional Zoning Approval for development of a 12-lot subdivision on Deal Road (parcel number 06099010) Keystone Representatives presented the project. The development was reduced to 11 lots to comply with buffer requirements. Councilmember Ladner asked about creating a path from the middle school to keep students from walking on Deal Road. The applicant responded that they would investigate it. Mayor Bell asked about water and septic. The applicant confirmed that they would be using panel block septic and that septic was approved for all lots but one, by Union County Public Health. Mayor Bell asked about the type ofhome and price point. The applicant responded that all homes would be custom, individually built homes with a price point of 1.3 million and higher. Council continued septic permit discussion. Ms. Wolter commented that if the permit isn't approved by county, it won'tbel built. The applicant asked, ifthe lot does not get approved and the number ofhomes was reduced, would that be alright. Ms. Wolter responded that a reduction in density is an administrative approval. Council discussed a path through the property to the school property. Mayor Bell opened the public hearing at 7:40 p.m. i. Public Hearing Chad Emerine 953 Eagle Road: Mr. Emerine commented on the 100-foot buffer and county septic approval. He also commented on a concern raised at the community meeting about the existing lights at the school and if the developer could look at low impact or minimal lighting. Mayor Bell closed the public hearing at 7:41 p.m. Mayor Bell reopened the public hearing at 7:42 p.m. Town of Weddington Regular Town Council Meeting Minutes 02/10/2025 Page 4 of11 Michele Nichols 5924 Deal Road: Ms. Nichols commented on access to the school. She stated that adding 11 homes won'tincrease foot traffic. She stated her concern is that this neighborhood would put in a path to encourage foot traffic from other neighborhoods, inviting people to use this common pathway without monitoring it. She gave an example of her driveway being used as a turnaround. Ms. Nichols commented that she doesn' 't see kids walking down Deal Road. Mayor Bell closed the public hearing at 7:44 p.m. ii. Discussion and Consideration Councilmember Perryman stated his appreciation for Ms. Nichols statement on how the residents on that stretch of Deal Road will be affected. Councilmember Ladner stated that students will park or be dropped off with or without a path through the property. Councilmember Howie commented that school buses do run through neighborhoods that close to the school. Council continued discussion of safety of students walking from that neighborhood and other students using that neighborhood as a cut-through, students and parents parking in the neighborhood to access the school. Ms. Dewey read the Development Standards into the record: 1. Development Standards. Development of the Property will be governed by these development standards, all submittals presented to the Town Board in support of this application, and the applicable provisions of the Town of Weddington Unified Development Ordinance in place on the Filing Date. 2. Applicability of Other Regulations. The Rezoning Plan shall comply with the current version of applicable non-Unified Development Ordinance at the time ofi individual permit submission unless otherwise specified under state or federal law, including G.S. 160D-108: Permit Choice and Vested Rights. Examples of these codes may include, but are not limited to, building codes, fire codes, and/or codes or regulations administered by outside agencies. 3. Schematic Nature of] Rezoning Plan. The Rezoning Plan shows the general location of all structures and exact locations of structures may be altered or modified during design, engineering, and construction phases ofthe development SO long as the minimum Ordinance standards are met, and such alterations or modifications are materially in keeping with the Rezoning Plan. 4. Permitted Uses. Permitted uses for this site include all uses permitted in the R-CD and R-40 districts. This site may be developed with up to eleven (11) single-family residential units. 5. Environmental Features and Open Space: a. The site shall comply with the minimum Open Space and Tree Save requirements as set forth in D-917A (p) and (q) oft the Weddington Unified Development Ordinance. Town of Weddington Regular Town Council Meeting Minutes 02/10/2025 Page 5 of11 6. Stormwater Management. Applicant shall meet all requirements for storm water management as required by the Weddington Unified Development Ordinance and as required by town engineers. 7. Access and Transportation. a. All roadway improvements and construction within the subdivision will be subject to the standards and criteria of the Town of Weddington and/or NCDOT standards for road construction. b. Applicant shall only be required to provide one ingress/egress from Deal Road to the subdivision. 8. Streetscape. Setbacks, Buffers, and Yards: a. Where side or rear yards oflots may be oriented toward existing thoroughfare roads, a buffer at least 100 feet wide of existing woodland providing adequate visual screening throughout the year is required. Town Staff will review the landscape plan for the buffer b. A fifty (50) foot buffer shall be provided between homes in the subdivision and any nonresidential use. C. Within the fifty (50) foot buffers where natural landscape does not provide sufficient screening for adjoining existing homes and along Deal Road frontage per section D-917A(O) ofthe Unified Development Ordinance, applicant with enhance those areas of the buffer with evergreen plantings, such as Nellie Stevens, Burford Holly, Ligustrum or similar approved evergreen species. d. A minimum fifty (50) foot front yard, fifteen (15) foot side yard and twenty-five (25) foot corner side yard, and forty (40) foot rear yard setback shall be provided. e. Street trees shall be provided on each side ofthe street spaced forty (40) feet on center or based on tree species in compliance with Section D-917A(Q)()b). f. Applicant will work with Town Staff and Union County Public Schools to explore a pedestrian path connecting the property to the adjoining school property. Motion: Councilmember Ladner made a motion to approve the application by Keystone Homes for Conditional Zoning Approval for a development of an 11-lot subdivision on Deal Road (parcel number 06099010) with conditions as read into the record by staff. Vote: The motion passed with a unanimous vote. LUP consistency statement: While the development proposal can be found to be generally consistent with the adopted Land Use Plan, there are Goals and Policies for which compliance cannot be determined at the present time based upon the level ofplans required to be submitted for this phase ofdevelopment. In addition, while there may also be Goals and Policies for which there may be reason for concern, positive findings can nonetheless be made in support ofthis development proposal. Motion: Councilmember Perryman made a motion to approve the Land Use Plan Consistency Statement as presented by Staff. Vote: The motion passed with a unanimous vote. Town of Weddington Regular Town Council Meeting Minutes 02/10/2025 Page 6 of 11 C. Text Amendment 2025-01 to the Town of Weddington Unified Development Ordinance Section D-917A.Q. Tree Requirements (Tree Ordinance) i. Public Hearing Mayor Bell opened the Public Hearing at 8:00 p.m. Chad Emerine 953 Eagle Road: Mr. Emerine stated his support of the tree ordinance and suggested adding Item F.2. from Section D-917B Additional Specific Requirements for Conservation Residential Development to the tree survey requirements in part B. Mayor Bell closed public hearing at 8:04 p.m. ii. Discussion and Consideration Mayor Bell thanked the subcommittee for working with staff and Keith O'Herrin, the county Urban Forester, and the Planning Board. Councilmember Perryman commented on adding Mr. Emerine's suggestion ofincorporating D-917B Additional Specific Requirements for Conservation Residential Development into the ordinance. Section (F) Forestlands (2): all forestlands on any tract proposed for a conservation subdivision shall be evaluated to determine the extent to which they should be designated partly or entirely as Conservation Lands. Evaluation criteria include: configuration and size, present conditions, site potential (i.e., the site's capabilities to support forestlands, based upon its topographic, soil and hydrologic characteristics), ecological functions (i.e., in protecting steep slopes, erodible soils, maintaining stream quality and providing for wildlife habitats), relationship to forestlands on adjoining properties and the potential for maintaining continuous forestland areas. Council agreed. Mayor Pro Tem Smith commented that mass grading amendments need to be wrapped up next. Councilmembers thanked staff, planning board, and the subcommittee for their cooperation in getting the tree ordinance completed. Motion: Mayor Pro Tem Smith made a motion to approve text amendment 2025-01 to the Unified Development Ordinance Section D-917A.Q. Tree Requirements with changes as discussed by Council. Vote: The motion passed with a unanimous vote. Land Use Plan Consistency Statement: The proposed amendments to the Unified Development Ordinance are found to be generally consistent with the adopted Land Use Plan (Plan). However, while these amendments do not further any specific Goal or Policy of the Plan, they also do not act contrary to any specific Goal or Policy of the Plan, nor Town of Weddington Regular Town Council Meeting Minutes 02/10/2025 Page 7 of11 would they prevent the administration and implementation oft the Plan, or preclude the fulfilment of the community vision as set forth in the Plan. Additionally, the proposed amendments are found to be reasonable in that they continue to improve upon the organization of existing ordinances and provide additional clarity for staff, appointed and elected officials, and residents. Motion: Mayor Pro Tem Smith made a motion to approve the Land Use Plan Consistency Statement as presented. Vote: The motion passed with a unanimous vote. D. Text Amendment 2025-02 to the Unified Development Ordinance Section D -917A. J. Cul-de-sacs i. Public Hearing Mayor Bell opened the public hearing at 8:22 p.m. Staff received a comment via email. I live at 3175 Foxmeade Drive which is in the cul-de-sac at the very end of our street. I have been a Weddington resident for over 33 years. Many of the residents close by are elderly, live alone, have health issues, as describes me. We have had issues with cars parking in the cul- de-sac blocking travel and/or creating difficulty for mail delivery, garbage pickup, delivery from delivery trucks (of all sorts in today's new world of shopping), blocking views getting into and out of resident's driveways, creating ruts and killing grass in lawns, just being an eyesore in a beautiful community. My MAJOR concern is that of emergency vehicles that are delayed when other vehicles block parts of the road. My husband passed away at home after a health issue three years ago. My next door neighbor has recently called for emergency vehicles 3 (maybe 4) times within the last couple of months usually a fire vehicle has responded and turning in the cul-de-sac is precarious and takes precious moments when time is oft the essence. Iti is my reasoning that a cul-de-sac is intended for travel at a dead end road and not for a parking spaçe. I cannot imagine a roundabout being turned into a parking lot! They are for similar purposes.) Our driveways and garages in residential areas should house parked cars and not the streets. A few pictures could help explain concerns ifthey are needed. Thank you for listening and taking into consideration these issues as you make decisions for others and possibly yourselves. Jan Sloop Mayor Bell closed the public hearing at 8:22 p.m. ii. Discussion and Consideration Council discussed the text amendment, responding emergency vehicles, and mitigating concerns around the size. Motion: Councilmember Perryman made a motion to approve text amendment 2025-02 to the Unified Development Ordinance Section D-917A.J. Cul- de-sacs as presented. Vote: The motion passed with a unanimous vote. Town of Weddington Regular Town Council Meeting Minutes 02/10/2025 Page 8 of 11 Land Use Plan Consistency Statement: The proposed amendments to the Unified Development Ordinance are found to be generally consistent with the adopted Land Use Plan (Plan). However, while these amendments do not further any specific Goal or Policy of the Plan, they also do not act contrary to any specific Goal or Policy oft the Plan, nor would they prevent the administration and implementation of the Plan, or preclude the fulfilment of the community vision as set forth in the Plan. Additionally, the proposed amendments are found to be reasonable in that they continue to improve upon the organization of existing ordinances and provide additional clarity for staff, appointed and elected officials, and residents. Motion: Councilmember Perryman made a motion to approve the Land Use Plan Consistency Statement as presented. Vote: The motion passed with a unanimous vote. E. Text Amendment 2025-03 to the Unified Development Ordinance Section D-917A.I. Street Design and Standards i. Public Hearing Mayor Bell opened the public hearing at 8:29 p.m. No residents signed up to speak. Mayor Bell closed the public hearing at 8:29 p.m. ii. Discussion and Consideration Council discussed street design and standards of public and privately owned roads, emphasizing the safety of residents. Council held a robust discussion with staff regarding public safety and road standards for public and private roads. Motion: Councilmember Ladner made a motion to approve text amendment 2025- 03 to the Unified Development Ordinance Section D-917A.I Street Design and Standards as presented by staff. Vote: The motion passed with a unanimous vote. Land Use Plan Consistency Statement: The proposed amendments to the Unified Development Ordinance are found to be generally consistent with the adopted Land Use Plan (Plan). However, while these amendments do not further any specific Goal or Policy oft the Plan, they also do not act contrary to any specific Goal or Policy of the Plan, nor would they prevent the administration and implementation of the Plan, or preclude the fulfilment oft the community vision as set forth in the Plan. Additionally, the proposed amendments are found to be reasonable in that they continue to improve upon the organization of existing ordinances and provide additional clarity for staff, appointed and elected officials, and residents. Town ofWeddington Regular Town Council Meeting Minutes 02/10/2025 Page 9 of11 Motion: Mayor Pro Tem Smith made a motion to approve the Land Use Plan Consistency Statement as presented Vote: The motion passed with a unanimous vote. F. Discussion of Flock Cameras throughout Weddington Municipal Limits Mayor Bell discussed conversations with UCSO and Flock Safety on installing cameras throughout municipal limits. Council agreed public safety is a priority and this would be a force multiplier for the deputies. Motion: Councilmember Perryman made a motion to authorize staff to execute a contract with Flock Safety for 5 cameras throughout town. Vote: The motion passed with a unanimous vote. 12. Code Enforcement Report Code Enforcement Report in the packet. A number of violations have been closed. Still working on a few to get contact information. 13. Update from Finance Officer and Tax Collector Ms. Gaylord gave the finance update. The monthly financial reports are in the packet. Also included are quarterly updates for the grants and a sheet of] FY 2026 budget items to consider. Property tax revaluation will drive everything. The county anticipates a 50-60% increase, staff will prepare multiple scenarios. The FY 2025 audit was submitted to the Local Government Commission and is waiting for approval. The auditor will present at the March or April meeting. 14. Updates from Town Planner and Town Administrator Mr. Gordos thanked the Council and the subcommittee for the work on the text amendments. Mass Grading will be the next big code improvement. Pending Council Action: Windsor Farms (Classica Homes, Hemby Rd.) 27 lots Deal Lake (Toll Brothers, Weddington Rd.) 62 lots Community Meeting 2/13/25 Pending Planning Board Action 7112 New Town Rd. (Rahma Center) 149 S. Providence Rd. (Empire Communities) Rea/Providence (Beechwood Carolinas) Town of Weddington Regular Town Council Meeting Minutes 02/10/2025 Page 10 of 11 Ennis Road (Arya Subdivision TBD) Conditional Zoning Amendment to Beckingham Estates re: stormwater facilities 15. Transportation Report Mayor Bell is working on setting up a meeting between NCDOT and the Weddington Hills HOA regarding the Rea Road Extension. The Mayor is also helping with the right ofway situation for the Antioch Church and Forest Lawn traffic light. Ms. Dewey reported the NCDOT is holding a public input period until March 7, 2025. Information can be found on the town website. 16. Council Comments Councilmember Ladner: Ijust want to highlight and thank the deputies and our UCSO. I got this from a neighbor of mine, who received it from a resident of Steeplechase. It's going to be paraphrased, but basically, they said I chatted with sheriff in our cul de sac and you'll be glad to know that the Town of Weddington now has five sheriffs. They caught the guy from last week and they also caught all the guys from September along with recovering all stolen items from the house ofthe jewelry store owner. When being interviewed, the criminals didn't understand difference between and Mecklenburg County and Union County. And they didn't understand that the response time in Union County is within minutes. And SO our deputies are able to hunt down and eventually bust the people. Union County officers can also go into Mecklenburg and make the arrest or apprehend criminals from other jurisdictions and detain them and turn them over to ICE from Union Countyj jails. They're doubling down and the word is out not to *blank* with Union County. Councilmember Howie: Thanks everyone for coming out tonight. Thank you especially to the team that worked SO hard on the issues that we talked about at our meeting and thank you to staff for your dedication to what we're doing here. Mayor Pro Tem Smith: I want to thank staff and Bill and his team for working on the ordinances. They did a great job; I really appreciate it. That is hard work to get in that detail and to coordinate with the county people. Ireally appreciate that. Thanks to everybody else who came out and managed to stay to the end oft this meeting that wasn't as exciting as some. Thank you for being here. Councilmember Perryman: I'll finish up echoing some of the same things. Thank you everybody that came out, thank you to everybody that may be watching. As you can see, our Town government is always a work in progress and boy, did we get some work done tonight. Town staff, and Bill and all your guys that worked on this, kudos. As Greg. just told us the work is not over. We've got work continued I think that it's just a reflection of we all want the town to be safe. We all want things to be good for everybody in town and we've got some good people working on all that and that should be appreciated. Mayor Bell: We've got some great folks working on this stuff. I know Bill is going to start working on the stormwater and working on requirements for developers like sketch plans versus plat or Town of Weddington Regular Town Council Meeting Minutes 02/10/2025 Page 11 of11 schematic or whatever some people call it. Looking at seeing what we need to do with that. I want to jump on what Darcey said. I went to a meeting not too long ago and a gentleman from Mecklenburg County Fraternal Order ofPolice spoke and he said the scuttle between the bad guys and Mecklenburg County is: do whatever you want to up there, but do not cross the line. They said they have no mercy and you will go to jail down there. Just don't do anything bad in Union County. 17. Adjournment Motion: Mayor Pro Tem Smith made a motion to adjourn the February 10, 2025 Regular Town Council meeting at 9:16 p.m. Vote: The motion passed with a unanimous vote. Appyoved: Marc 1,9095 Jim Bell, Mayor Beep *ou lulny Karen Dewey, Town. Adminisrator/Clerk 61 TON 02) X 4 & a TOWN OF - WEDDINGTON 1924 Weddington Road a Weddington, North Carolina 28104 1983 TO: Mayor and Town Council FROM: Kim H. Woods, Tax Collector DATE: February 10, 2025 SUBJECT: 2024 Authorization to Advertise In accordance with North Carolina General Statute 105.369(a), the following represents the total of unpaid 2024 taxes that are liens on real property to date: $ 98,966.72 In accordance with General Statutes 105.369(a), I am hereby requesting authorization to advertise unpaid 2024 taxes that are liens on real property. State of North Carolina Town of Weddington To the Tax Collector ofthe Town of Weddington The Town of Weddington Tax Collector is ordered to advertise all unpaid 2024 taxes that are liens on real property, pursuant to North Carolina General Statute 105-369(a), -369(c). Witness my hand and official seal this 10th day of February 2025. BaL JimBell, Mayor Attet: / MX th hiln Karen Dewey, Town Clerk Telephone (704) 846-2709 o Fax (704) 844-6372 X AET TOWN OF WEDDINGTON 2025 TOWN COUNCIL REGULAR MEETING SCHEDULE 2ND MONDAY OF EVERY MONTH DATE TIME LOCATION January 13, 2025 7:00 p.m. Town Hall Council Chambers RETREAT March 27, 2025 9:00 a.m. Rolling Hills Country Club February 10, 2025 7:00 p.m. Town Hall Council Chambers March 10, 2025 7:00 p.m. Town Hall Council Chambers April 14, 2025 7:00 p.m. Town Hall Council Chambers May 12, 2025 7:00 p.m. Town Hall Council Chambers June 9, 2025 7:00 p.m. Town Hall Council Chambers July 14, 2025 7:00 p.m. Town Hall Council Chambers August 11, 2025 7:00 p.m. Town Hall Council Chambers September 8, 2025 7:00 p.m. Town Hall Council Chambers October 13, 2025 7:00 p.m. Town Hall Council Chambers November 10, 2025 7:00 p.m. Town Hall Council Chambers December 8, 2025 7:00 p.m. Town Hall Council Chambers Unanimously approved by the Weddington Town Council 12/09/2024 Amended by unanimous approval by the Weddington Town Council 2/10/2025 ( ALAN TOWN OF WEDDINGTON A RESOLUTION IN SUPPORT OF HB24 AN ACT TO RESTORE THE AUTHORITY FOR LOCAL GOVERNMENTS TO INITIATE DOWNZONING R-2025-01 WHERLAS, the North Carolina General Assembly will be considering House Bill 24, AN ACT TO RESTORE THE AUTHORITY FOR LOCAL GOVERNMENTS TO INITIATE DOWNZONING, which provides for Section 3K.1 of State Law 2024- 57 to be repealed; and WHEREAS, provisions within this legislation would be supportive of local municipal governments to make their own zoning decisions based on the will oft the voters that elected them; WHEREAS, Session Law 2024-57 "AN ACT TO MAKE MODIFICATIONS TO AND PROVIDE ADDITIONAL APPROPRIATIONS FOR DISASTER RECOVERS; TO MAKE TECHNICAL, CLARIFYING, AND OTHER MODIFICATIONS TO THE CURRENT OPBRATIONS APPROPRIATIONS ACT OF 2023; AND TO MAKE VARIOUS CHANGES TO THE. LAW", became law on the 11th of December 2024, notwithstanding the objections of the Governor; and WHEREAS, Subpart III-K, Section 3K.1 of State Law 2024-57 reads "No LOCAL GOVERNMENT INITIATED DOWN- ZONING WITHOUT CONSENT OF THE AFFECTED PROPERTY OWNER"; 3 and WHEREAS, the passage of Session Law 2024-57 severely affected the Town's authority to adopt zoning text amendments and regulations related to residential and commercial zoning districts; and WHEREAS, all North Carolina local governments continue to face challenges presented by growth and development. Each local government" s zoning authority has historically provided a means to balance those challenges with the needs of the community based upon the will of the citizens as determined through elections. The downzoning provisions of SL 2024-57 effectively freeze local government zoning and greatly diminish the role ofl local government granted by the Constitution of the State of North Carolina to manage growth and change consisted with the needs of its jurisdiction NOW, THEREFORE, BE IT RESOLVED that the Weddington Town Council requests that the elected representatives for the Town of Weddington in Union County who serve in the North Carolina General Assembly secure the passage of the proposed House Bill 24 To Restore the. Authority for Local Governments to Initiate Downzoning. Adopted this the 10th day of February 2025. BeEr Jim Bel,Mayor Attes:: OF WEDDI Mauh Duwer Karen Dewey, Town Administrator/Clerk SEAL L ), PTH CAROV V AINA AN ORDINANCE TO AMEND The Town of Weddington Zoning Map Elysian CZ 2025-01 WHEREAS, the Town ofWeddington has received an application requesting that the zoning classification of parcels ofland subject to the zoning regulations ofthe Town be reclassified; and WHEREAS, notice of public hearing on the question of the reclassification of the subject parccls has been provided through posting of the property; and WHEREAS, notice of public hearing on the question of the reclassification of the subject parcels has been provided through advertisement: in a newspaper of general circulation in the Town; and WHEREAS, property owners adjacent to the subject parcels have becn notified by first class mail of the public hearing on the question of reclassification; and WHEREAS, a public hearing on the question of the reclassification of the subject parcel has becn held by the Town Council of the Town ofWeddington; and NOW, Therefore be it ordained by the Town Council ofthe Town of Weddington that tax parccl number 06099101 consisting of approximately 17 acres located Deal Road be reclassificd as Conditional Zoning District as shown on ExhibitA titled Elysian, dated February 10, 2025 and is further subject to the conditions shown on Exhibit B Development Guidelines and Standards dated February 10, 2025 attached hercto and incorporated hcrein by rcference. Adopted the 10th day ofF Fcbruary 2025 7 BeEL Jim BellMayor Alles!: Mecu Ouey Karen Dewey, Town Adn.inistralor/Clerk APPROVED AS TO FORM: WW - NEDDIN / Karen Woller, Town. Allorney SEAL ATH CARO 0 ORDINANCE NO. 2025-01 AN ORDINANCE OF THE TOWN OF WEDDINGTON, NORTH CAROLINA MAKING AMENDMENTS TO THE UNIFIED DEVELOPMENT ORDINANCE BY AMENDING SECTION D-917A(Q) TREE REQUIREMENTS, APPENIDIX 1 DEFINITIONS, AND REPEAL OF APPENDIX 3. APPROVED PLANT LIST. WHEREAS, the Town ofWeddington adopted the Unified Development Ordinance on April 12, 2021 to comply with North Carolina General Statute 160D and to improve the organization of existing ordinances; and WHEREAS, the adopted Unified Development Ordinance took effect on April 12, 2021; and WHEREAS, the Town of Weddington desires for the Unified Development Ordinance to function effectively and equitably throughout the Town; and WHEREAS, the Town of Weddington has determined where the Unified Development Ordinance needs clarification and revision; and WHEREAS, the existing ordinance provides for Tree Requirements in Section D917A Specific Requirements for All Residential Development - Required Improvements, Dedication, Reservation, and Minimum Standards for Residential Development (applicable to both Traditional Residential Development and Conservation Residential Development); and WHEREAS, Town Council secks to further specify tree save requirements with specific definitions, conditions, and penalties. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WEDDINGTON, NORTH CAROLINA: Section 1. That Unified Development Ordinance, Articlc 9, Regulation ofParticular Uscs and Areas, D-917A. (Q) Tree Requirements, be amended to read as follows: Seckion D-917A. Specific Requirements for All Residential Development - Required Improvements, Dedication, Reservation and. Minimm Standards for Residential. Development (applicable to both Traditional Residential Development and Conservation Residential. Development). Q. Tree Requirements. 1. Tre. Smvey requiremenls. To establish standards for the identification, documentation, and preservation of significant trees and vegetation during the development process, ensuring ecological integrity, community aesthetics, and compliance with the UDO. The tree survey must be prepared and certified by a qualified arborist, landscape architect, or land surveyor and approved by the Town. The survey must include the following elements: a) General Information: 1. Project name, address, and parcel number(s) ii. Date of survey and preparer's name and credentials ii. Scale and north arrow of the plan b) Tree Inventory: Location of all existing trees with a diameter at breast height (DBH) of 6-inches or greater, Dogwoods with 5 DBH or greater, measured at 4.5 feet above the ground. 1. Species: common names of each tree. ii. DBH measurements: Diameter of each tree. ini. Because of their resource values, all forestlands on any tract proposed for a conservation subdivision shall be evaluated to determine the extent to which they should be designated partly or entirely as Conservation Lands. Evaluation criteria include: configuration and size, present conditions, site porential (i.e., the site's capabilities to support forestlands, based upon its topographic, soil and hydrologic characteristics), ecological functions (i.e., in protecung steep slopes, erodible soils, maintaining stream quality and providing for wildlife habitats), relationship to forestlands on adjoining properties and the potential for maintaining continuous forestland areas. c) Site Features: i, Property boundaries and lot lines. i. Existing and proposed structures, utilities, and infrastructure. ini. Protected areas (e.g. wetlands, streams, buffers) d) Tree Preservation Plan: i. Identification of trees to be preserved, transplanted, or removed. 1i. Proposed measures for tree protection during construction, including fencing, signage, and limits of disturbance. il. Replanting plan for removed trees, if applicable, meeung replacement ratios oft the town's UDO 2. Tree Save and Tree Replenish Requirements. In order to maintain or replenish the Town tree canopy in any new major residential development the following shall apply: a) The tree removal of trees greater than or equal to 8-inches DBH is not permitted within areas that have naturally occurring trees located outside the buildable area of a lot or development For the purpose of these provisions "buildable area" means all areas located outside of: 1. Required zoning district setbacks; ii. Existing and proposed street rights-of-way and easements; iu. Utility and drainage easements. IV. Existing, ponds, lakes, streams and their buffers. b) Tree Canopy shall be preserved in order to stabilize soil, control water pollution by preventing soil erosion and reducing flooding, reduce ar pollution, mitigate the urban heat island effect, reduce noise pollution, provide natural habitat for wildlife, and contribute to the unique aesthetic value of the town. The amount of tree canopy on a proposed development's site shall be calculated prior to commencement ofland disturbing activities. Tree preservation shall be provided according to the following standards: i. Development sites that are calculated to have less than 20% tree canopy in the buildable area prior to development shall preserve a minimum of10% of the buildable area as a contiguous tree save. ii. Development sites that are calculated to have more than 20% but less than 40% tree canopy in the buildable area prior to development shall preserve a minimum of 20% of the buildable area as a contiguous tree save. iii. Development sites that are calculated to have more than 40% tree canopy in the buildable area prior to development shall preserve. a minimum of 30% of the buildable area as a contiguous tree save. iv. The baseline canopy measurement on a proposed development site shall be provided by the property owner or applicant and submitted as part of a landscape plan. The percent canopy cover may be calculated using aerial photographs and verified, if necessary, by ground measurement. The method of canopy calculation must be approved by the Union County Urban Forester. V. Ifthe tree save requirement does not meet the required percentage of the total site area, additional native noninvasive deciduous trees must be planted. Trees planted shall be a minimum of 2-inches in caliper and shall have a spread of 25' at maturity. vi. If root disturbance or construction activities occur within the Critical Root Zone (CRZ) of any tree designated as protected, only that area that is not affected by construction shall be included in the calculated tree preservation areas. vii. Tree preservation areas shall be no less than 2,500 square feet in area, no less than 10 feet in width, and contain not less than one tree 8- inches Diameter at Breast Height (DBH) or larger. Where existing trees are insufficient to meet these standards, new deciduous trees shall be planted in order to meet this minimum requirement. viti. Portions of development sites that are designated as trec preservation areas shall be protected during construction and shall remain undisturbed. The property owner or applicant shall be responsible for the erection of any and all tree fence necessary to protect any existing or installed trees from damage both during and after construction. These tree protection zones shall be clearly labeled on development plans and subject to inspection by town officials. ix. Where removal of existing trees is approved within tree preservation arcas, new trees shall be installed in the gencral vicinity of the trees removed. The replacement trees shall be approved by the administrator and shall cover the same or greater canopy at the time of maturity. 1. Aj payment in lieu of tree replacement may be allowed, subject to approval of the Zoning Adminstrator in cases where sire area is insufficient or otherwise impractical to replant trees 011 the site. 2. The payment shall be based on the total replacement costs of the trees. The applicant is responsible for providing price quotes and such quotes shall be certified by a North Carolina registered forester, registered Landscape Architect, or an ISA certified arborist. c) Each lot created shall contain one existing or planted canopy tree for every 40 feet of street frontage or fraction thereof. Alternatively, the canopy trees can be placed at 40-foot intervals along a street front, irrespective ofl lot line locations. Street trees shall be a minimum of four feet and a maximum of12 feet from the edge of right-of-way on private property. d) Bach lot less thn uIe cre in area shall have . minmmu of tour copy trees. Bach lot that IS Te acre or more i area shal! have 1 neTnuIn ofs six canopy trees. At least two trees shall be located within the front yard and back yard of each lot. Required street trees may be counted towards the fulfillment of this requirement. Existing canopy trees, outside required zoning setbacks that are 8-inches DBH or larger diameter, may be counted towards fulfilling this requirement if they are properly preserved during construction by installing tree fence around the CRZ. All canopy shade trees planted within the lot must be spaced to accommodate mature growth. New tree planting for each single-family lot shall be done on a lot- by-lot basis, prior to the issuance of a certificate of occupancy for each lot. e) Areas not falling under the on-lot or perimeter landscaping requirements including detention areas and open space areas shall be landscaped with ten (10) shade trees. ten (10) understory trees, emS)evegeemsand thirty-five (35) shrubs per acre. 3. Heritage Trees a) Heritage trees are defined as in Appendix 1. Definitions. b) All buildings, building additions, and other structures (including but not limited to driveways) shall be located upon a lot or parcel ofl land in such a way as tO minimize damage to or removal of Heritage trees. c) No impacts to the CRZ. of a Heritage tree or removal of a Heritage tree shall be approved unless the Administrator finds that all reasonable efforts have been undertaken in the architectural layour and design of the proposed development 1n1 accordance with the following: 1. Building placement, driveway, walkway, and parking areas shall be designed in such a way as to avoid unnecessary remoyal of or damage to Fleritage trees. i. Drainage and grading shall be developed in such a way as to avoid removal of or damage to Heritage trees, and to protect remaining Heritage trees from risk of damage through change in grade or moisture, or from ToOt loss as a resuit of grading and earth moving. ill. Landscape plans shall reflect Heritage trees being retained. IV. The CRZ ofH Heritage trees on lots adjacent to the lot in question on which construcuon activity will take place shall be carefully considered and must be given the same considerations as Heritage trees on the lot in question. 4. Tree Protection. a) Property owners are responsible for ensuring that all existing trees shown on approved plans as being retained to meet the requirements of this article are protected during the construction process from removal, destruction, or injury. b) Before any exeavation land clearing, vegetation removal, or earth moving takes place on the subject site, a barrier tree fence must be erected around the deip-line CRZ of all such trees being retained sufficient to put on notice all construction personnel that any disturbance of the area within the dripline CRZ of such trees is prohibited, except as expressly approved by the administrator. Required tree barriers fence must be shown on construction plans including the demolition, and grading, and wet utilities (water & sewer) plans. c) Ift tree fence must protect less than the entirety of the CRZ, this must be shown on approved plans and approved by the Administrator. d) All required tree fence must be in place around the CRZ and approved by the Administrator prior to beginning construction. The tree fence must remain in place during the entire construction period to prevent impingement of construction vehicles, materials, spoils, and equipment into or upon the CRZ. All fencing must be secured to capped metal posts driven into the ground, spaced no further than cight feet (8) apart. e) No soil disturbance, flling, compacting, or material storage shall occur within tree protection areas. Operating heavy equipment within the CRZ is prohibited. Landscaping within the CRZ of retained trees must be shown on approved plans and must not utilize heavy equipment or must mitigate for the impacts of heavy equipment. f) maseciatonvithheappethaninrpainéorayalie parorsabdlivisiorpintthe/Zominghciminstntoramder-Town-Counel may-require-adchtaecitionaltreepreseryation-mesuseres-abeye-ane-beyond-these listed-hereimthataredeemedtospportthetsepreseratiionobyeetiveref thisUDO: 5. Maintenance. a) The property owner is responsible for the maintenance and protection of all required landscaping and screening, in accordance with American Standard for Nursery Stock (ANSI 260.1) as published by the American Association ofl Nurserymen. b) Failure to maintain landscaping is a violation of this ordinance. 6. Planting. Sige and. Specifications a)Ornamental and understory tree species planted to satisfy the tree planting requirements of this UDO must have a 2-inch minimum caliper size and a minimum height of 6 feet at the time of planting. b) Conifers or evergreen tree species planted to satisfy the tree planting requirements of this article must have a minimum height of 6 feet at the time of planting. c) Canopy tree species planted to satisfy the tree planting requirements of this article must have a 2.5-inch minimum caliper size and a minimum height of 8 feet at the time of planting. d) Pree-ame-Pam-Species Tree and plant species listed in the North Carolina Department of Transportation's Invasive Exotic Plants of North Carolina may not be credited toward satisfying the landscaping and screening requirements oft this article. e) All new trees planted shall be selected from the suggested-species-iss, vahipoiwiw-Apemirashia. Union County Urban Forester's species list. provided that additional species may be used subject to specific approval of the Administrator. All trees must comply with the American Standard for Nursery Stock published by the American Association of Nurserymen. The Administrator has ultimate auchority over species selection, even if that species 1S not lisred on1 the species list. ) The Administrator may require broad diversity oft tree and shrub species be selected and planted consistent with urban forestry best pracuces. g) The Administrator may wave material size (caliper and height) requirements, especially in the interest of securing a more desirable species selection choice. h) All plant material shall be free from disease when planted and shall be maintained in a healthy condition. All plant material shall be installed in a fashion that ensures the availability of sufficient soil and water to sustain healthy growth. AMmetepwpyeyai-dneet planting. All plant materials shall be planted in a manner which is not intrusive to utilities or pavement. The Administrator will mnntain tree and shrub planting standards and specifications all plant material shall comply with these standard specifications. 7. Time for. Installation. All perimeter and open space landscaping for single-family major residential developments shall be completed in accordance with the approved site plan at the time that seventy (70) percent of the development is completed or within the next planting season following occupancy, whichever comes first. Ifthe development is built in phases, then the landscaping shall be completed as seventy (70) percent of each phase is completed or within the next planting season following occupancy, whichever comes first. Ifp plantings cannot be installed, the Administrator may issue a temporary permit and take surety until the landscaping is completed equal to one hundred twenty-five (125) percent EMeReNPPeTeN of the estimated total cost for landscaping improvements. 8. Replacement. All landscaping shall be guaranteed for two (2) years from the date of acceptancc and shall be replaced by the applicant at no charge to the Town should they die or be in a declining condition in the opinion of the Arborist Union County Urban l'orestes. The replacement tree shall be the same size, species and quality, unless said species is no longer on the approved species list and shall carry the same two (2) year guarantee. The Town may use the bond or surety to replace plants if the developer fails to perform adequately. After the initial two (2) year period, the landowner or, in the case of plant material in common open space, the homeowners' or property owners' association shall be responsible for maintaining and replacing any plants that die. 9. Plan Required. All applications for development and construction activities that are subject to the landscape and screening regulations of this article must be accompanied by a landscape plan with a tree protection plan. No building permit or similar authorization may be issued until the administrator determines that the landscaping and screening regulations, and tree save: regulations of this article have been met. These measures shall include, but not be limited to, the following: -Preelandkeapeplan-Pheure-mikepephamustshow-how-tha-herewillbe mogningurhmhdautiagyeeeps.wusingik hsocmidemoétemahinghadliadentheroepotsionsene, dhingorpatingepipaseneaméahmpingei materialadetimemthoplakahindaepioimiyofthe-mer An inventory of trees 1S required for all trees 6 inches DBH or greater outside the buildable area and all Heritage trees across the entire lot or parcel. b) ehmhwp-pwta-lae Protection Plan: Tree proteetion-femeing fence shall be indicated on the Tree Protection Plan, treelandseape-plan; grading plan, and demolition plans, erosion control plan, and water and sewer utility plans around the perimeteroFtreepree-preteetion-aress. CRZ of trees to be maintained. Feneingin-oraroundanesisingtreeeanepy-to-be preserved/avecshalcomaiapaethebomdetbyineasituation-five-feet heypmaihedapine-forasiifiahthepeimeet dmpline-feragreupoFtres-Pheprpiectionfemeingshalleonsistof elersémelh-Abrie-emingmia,lwereminimmahaigh.ih Hww-ww Tree Protection Plan shows the tree inventory and survey relative to the location future building footprints, overhead and underground utilities, grading changes, and other infrastructure or anything that will require excavation or soil disturbance, or new impervious cover that will be constructed in relation to the location of existing trees to be retained, CRZS of Heritage trees and other retained trees and prescribed tree fence. Show the boundaries of all tree save areas. c) A landscape plan is required. Show all landscape plantings (entryway, parks, signage areas, etc.) along with a detailed "Planting Scbedule". Show a legend of symbols representing each species to be planted (street trees, landscaping trees, shrubs, and plants). 10. Inspections. a) Agents, officials or other qualified persons authorized by the Town are authorized to inspect the sites subject to the provisions ofthis UDO to determine compliance with this UDO or rules or orders adopted or issued pursuant to this UDO. b) No person shall refuse entry or access to any authorized representative or agent of the town who requests entry for the purpose of inspection, nor shall any person resist, delay, obstruct or interfere with the authorized representative while in the process of carrying out official duties. c) If, through inspection, it is determined that a property owner o1 person in control oft the land has failed to comply or is no longer in compliance with the provisions oft this section or Orders issued pursuant to this section, the town will serve a Wiitten notice of violation. A notice of violation may bc hand delivered to a responsible representative of the violator and that representative must sign that they have received such citation, delivered by L.S. first class mail, email, or by conspicuously posting a print copy oft the violation on the subject property. 11. Penalties a) In addition to other remedies and penalties provided by law and this UDO, a planting requirement of 4 trees for every tree removed, which may be assessed in addition to or in lieu of any monetary penalties. Where the Administrator has determined that a violation of this UDO has occurred, no certificate of occupancy or certificate of compliance shall be issued until required replacement plantings have been completed or the violation otherwise remedied. b) Failure to install and maintain tree protective devices shall be a civil penalty of five hundred dollars ($500.00) per tree per day beginning with the date the citation 1S issued and ending when the site is in compliance. c) Failure to install required landscape material or to replace dead landscape material shall be a civil penalty of five hundred dollars ($500.00) per day beginning with the date the citation is issued and ending when the site is in compliance. d) Removal of a tree 8-inches DBH or greater without a permission from the administrator will result in a civil penalty of one thousand dollars ($1,000.00) per uree. e) Removal of a Heritage tree without permission of the Administrator shall be a civil penalty of eight hundred dollars ($800.00) per inch for each tree. f) The maximum civil penalty for each tree shall not exceed 550,000.00. 12. In accordance with N.C.G.S. 160D-921, the town administrator may deny a building permt or refuse to approve a site or subdivision plan for either a period of up to: a) Three years after the completion of a timber harvest if the harvest results in the removal of all or substantially all of the trees that were protected under local government regulations governing development from the tract of land for which the permit or approval is sought. b) Five years after the completion of a timber harvest if the harvest results in the removal of all or substantially all of the trees that were protected under local government regulations governig development from the tract ofland for which the permit or approval is sought and the harvest was a willful violation of the local government regulations Section 2. That Unified Development Ordinance, Appendix 1 Definitions be amended to add as follows: APPENDIX 1 DEFINITIONS Cnitical Root Zone (CRZ) - An area originating from the trunk of the tree with a radius of 1 foot for every 1 inch DBH measured on that same tree. For example, if a tree has a DBH of 12 inches, IIS CRZ will have 3 radius of 12 feet. Diameter at Breast Height (DBH) - measurement in inches of a tree trunk at 4.5 feet above the ground. For multi-stemmed trees which fork below 4.5 feet above the ground, the DBH is determined by measuring all the trunks, and then adding the total diameter of the largest trunk to onc-half the diamcter of cach additional trunk. Heritage Tree- - A deciduous noninvasive native tree 20 inches DBH or larger. a Oaks (Quercus) and Tulip Trees (Liriodendron) 20 inches DBH O: larger 3 Hickory and Pecans (Carya) 18 inches DBH or larger 3 Southern Magnolias (Magnolia grandiflora) and other magnolias (Magnolia) 10 inches DBH o1 larger Red Maples (Acer Rubrum), Sugar Maples (Acer Saccharum), and Elms (Ulmus) 10 inches DBHI or larger o Dogwoods (Cornus Florida) 5 inches DBHI or larger. Planting. Season - The period of time appropriate to plant material beginning October 1st each year and terminating May 1st the following year, seven months in total length. * * * * Section 3. That Unified Development Ordinance be amended to repeal Appendix 3 Approved Plant List * * * * * * * * Scction 4. Amendments to the Unified Development Ordinance of the Town of Weddington (as originally adopted by Ordinance No. 2025-01) are hereby adopted to read as set forth in this Ordinance. Section 5. The Town of Weddington does hereby certify that the amendments contained herein, as well as the provisions of this Ordinance, are consistent with and in conformance with the Town's Land Use Plan. Section 6. Should any part O1 provision of this Ordinance be declared by a court of compctent jurisdiction to bei invalid, the same shall not affect the validity ofthe Ordinance as a wholc, O1 any part thereof other than the part declared to be invalid. Scction 7. Notice of the proposed enactment of this Ordinance has been properly advertised in a newspaper of general circulation in accordance with applicable law. Section 8. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST AND FINAL 9006 READING ADOPTED hunipla AND Bell Beef Honpfable Jim Mayor Attest: Rw Duly Karen Dewey Town Administrator/Clerk ORDINANCE NO. 2025-02 AN ORDINANCE OF THE TOWN OF WEDDINGTON, NORTH CAROLINA MAKING AMENDMENTS TO THE UNIFIED DEVELOPMENT ORDINANCE BY AMENDING ARTICLE 9, REGULATION OF PARTICULAR USES AND AREAS, SECTION D-917A, SPECIFIC REQUIREMENTS FOR ALL RESIDENTIAL DEVELOPMENT - REQUIRED IMPROVEMENTS, DEDICATION, RESERVATION, AND MINIMUM STANDARDS FOR RESIDENTIAL: DEVELOPMENT APPLICABLE TO BOTH TRADITIONAL. RESIDENTIAL DEVELOPMENT AND CONSERVATION RESIDENTIAL DEVELOPMENT)UBSECTION J. CUL-DE-SACS; CERTIFYING CONSISTENCY WITH THE TOWNS LAND USE PLAN AND PROPER. ADVERTISEMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town ofWeddington adopted the Unified Development Ordinance on April 12, 2021 to comply with North Carolina General Statute 160D and to improve the organization of existing ordinances; and WHEREAS, the adopted Unified Development Ordinance took effect on April 12, 2021; and WHEREAS, the Town of Weddington desires for the Unified Development Ordinance to function effectively and equitably throughout the Town; and WHEREAS, the Town of Weddington has determined where the Unified Development Ordinance needs clarification and revision; and WHEREAS, the existing ordinance prescribes design standards for North Carolina Department ofTransportation roads not under the ownership or maintenance of the Town; BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WEDDINGTON, NORTH CAROLINA: Section 1. That Unified Development Ordinance, Article 9, Regulation of Particulat Uses and Areas, Section D-917A. Specific Requirements for All Residential Development - Required Improvements, Dedication, Reservation and Minimum Standards for Residential Development (applicable to both Traditional Residential Development and Conservation Residential Development), Subsection J. Cul-de-sacs bc amended to read as follows: Section D-917A. J. Cul-de-sacs 1. Cul-de-sars ar dead-end streets designed to be permanently dosed are probibited and can only be used phen. topagrapbic conditions and/ or excteror lot line configurations offer no practical alternative for connection or throngh trafic. Cul-de-sacs sball not exceed 500 feet. Measurement shall be from the point bere the centerline of the dead-end street intersects with the center gfa through street to the center of the tumaronnd ofule cHl-de-sac. The distance from the edge ofpavement on the vehicular tumaround to the right-ofway line. shall not be less than the distance from the edge ofpavement to right-ofway line o1 the street approaching the tumaronnd. 2. When cul-de-sacs end in the vicinily of an adjacent undeveloped, properly capable gfl being developed in the ftu, a righi-ofay or easement. shall be shomn on the final plan to enable the street to be exctended hen the adjoiningproperty is developed. A. sign will be required at the end of the cul-de-sac or dead-end street stating there will be a comnection wben the adjacent parce! is developed. Cul-de-sacs in conservation residential developments shall generally include a pedestrian commection to the gpen space bebind the lots they serve, preferably at #le end ofh the cul-de- sac. No. system af mulliple branching cul-de-sacs from a single junction vithin a comnected street netvork is permitted. 3. Cul-de-sacs shall generally be designed vith central islands (prefèrably teardrop shaped) here trees are retained or planted. Cul-de-sac pavement and right-ofnay diameters sha!! be in accordance with. NCDOT design standards. Designs other than the "bulb" end desig with a circular right-ofway will be subject fo the approval efthe Division Engineer ofthe Division gfHighvays, North Carolina Department of Transportation and the Tomn Council afler reviewy on an individual basis. 4. CHl-de-sacs tbat ar) prinate streets ar-harsPefatmg.hal, generally be designed as "closes" witb tvo one -vay streets bounding a central "boulevard island" not less tban 35 feet across. This can be easily accomplisbed by extending the outer edges ofthe turing balfcircle perpendicularly to the street from which the cul-de-sac springs. The central open space offèrs opportumities) for tree planting and "rain garden" infiltration areas for. stormater particularly hen the. sireet pavement is. sloped imvard toward the central gpen spare). K. Street Layout. 2. Contimnation dfAdjoining. Sireets. Thej proposed street layont shall be coordinated with the sireet system gf the. surounding ared. Where possible, existingprincipal. streets shall be extended. Street connections. shall be designed werrmhimiy-ermmarrnrsereN lo facilitate easy access to and from homes in diferent part gf the tract (and On adjoiningparels). In certain cases wbere. standard street comectivily is either not possible or not recommended, the Tomm may require tbe installation gf one ori more emeryengy access gates leading to a grave! drive conmecling witb the adjacent properly or roadvay. The bomeonners' association is reponsible for the maintenance, lesting and repairs of allj fincions gfemergengy access gales. Arammehipasanramktget-haw E-- -iye-s--a l * Section 2. Amendments to the Unified Development Ordinance of the Town of Weddington (as originally adopted by Ordinance No. 2025-02) are hereby adopted to read as set forth in this Ordinance. Section 3. The Town ofWeddington does hereby certify that the amendments contained herein, as well as the provisions of this Ordinance, are consistent with and in conformance with the Town's Land Use Plan. Section 4. Should any part or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a whole, or any part thereof other than the part declared to be invalid. Section 5. Notice of the proposed enactment of this Ordinance has been properly advertised in a newspaper of general circulation in accordance with applicable law. Section 6. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST AND FINAL 16 B0a READING ADOPTED Shuay AND BRL Honprable Jim Bell Mayor Attest: Jwey - Karen Dewey Town Administrator/Clerk X LDAKCEOS ORDINANCE NO. 2025-03 AN ORDINANCE OF THE TOWN OF WEDDINGTON, NORTH CAROLINA MAKING AMENDMENTS TO THE UNIFIED DEVELOPMENT ORDINANCE BY AMENDING ARTICLE 9, REGULATION OF PARTICULAR USES AND AREAS, SECTION D-917A, SPECIFIC REQUIREMENTS FOR ALL RESIDENTIAL DEVELOPMENT - REQUIRED IMPROVEMENTS, DEDICATION, RESERVATION, AND MINIMUM STANDARDS FOR RESIDENTIALDEVELOPMENT (APPLICABLE TO BOTH TRADITIONAL RESIDENTIAL DEVELOPMENT AND CONSERVATION RESIDENTIAL DEVELOPMENT) SUBSECTION I. STREET DESIGN AND STANDARDS; CERTIFYING CONSISTENCY WITH THE TOWNS LAND USE PLAN AND PROPER ADVERTISEMENT: PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the' Town ofWeddington adopted the Unified Development Ordinance on April 12, 2021 to comply with North Carolina General Statute 160D and to improve the organization of existing ordinances; and WHEREAS, the adopted Unified Development Ordinance took effect on April 12, 2021; and WHEREAS, the Town of Weddington desires for the Unified Development Ordinance to function effectively and equitably throughout the Town; and WHEREAS, the Town of Weddington has determined where the Unified Development Ordinance needs clarification and revision; and WHEREAS, the existing ordinance prescribes design standards for North Carolina Department ofTransportation roads not under the ownership or maintenance of the Town; BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WEDDINGTON, NORTH CAROLINA: Section 1. That Unified Development Ordinance, Article 9, Regulation of Particular Uses and Areas, Section D-917A. Specific Requirements for All Residential Development - Required Improvements, Dedication, Reservation and Minimum Standards for Residential Development (applicable to both Traditional Residential Development and Conservation Residential Development)., Subsection I. Street Design and Standards to read as follows: Seclion D-917A. I. Street Design and Standards Minimum street right-ofway and pavement widths, as pel! as other engineering design standards 0n all private and publir dedicaled ruads shall meet or exreed be--sordanke-rit the minimmm design criteria for smbdivision roads as established fom-time-to-time, by the most recently adopted division of highways, state department of transportation publication entitled "Subdivision Roads: Minimum Conshnuction Standards," hty#-Ten Rparvgy-Slandards: * Section 2. Amendments to the Unified Development Ordinance of the Town of Weddington (as originally adopted by Ordinance No. 2025-03) are hereby adopted to read as set forth in this Ordinance. Section 3. The Town ofWeddington does hereby certify that the amendments contained herein, as well as the provisions of this Ordinance, are consistent with and in conformance with the Town's Land Use Plan. Section 4. Should any part or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity ofthe Ordinance as a whole, or any part thereof other than the part declared to be invalid. Section 5. Notice of the proposed enactment of this Ordinance has been properly advertised in a newspaper of general circulation in accordance with applicable law. Section 6. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST AND FINAL READING AND ADOPTED Mhuyloporc Beef Hongrable Jim Bell Mayor Attest: au Dwey Karen Dewcy Town Administrator/Clerk