City of Mount Airy Council Chamber Regular Board Meeting Municipal Building May 15, 2025 300 South Main Street 6:00 pm Mount Airy, N.C. This Meeting will be held in the Council Chamber of the Mount Airy Municipal Building and also virtually by viewing through the following Zoom link: https/zoom.us/197442096228 using password COMA if prompted. You may also view this meeting via Facebook Live by connecting to the City's Facebook page The City ofMount Airy, NC. Link will be posted on www.mountairyorg the day of the meeting. AGENDA Welcome and Call to Order. Mayor Cawley Invocation. Commissioner Hall Pledge of Allegiance.. Everyone Items for Discussion and Possible Action 1.) APPROVAL OF AGENDA: 2.) CONSENT AGENDA: The consent agenda is comprised of matters of routine business that do not require discussion by the Board. Items included on this agenda are indicated with an asterisk (*) and will all be considered with one motion by the Board. Should a Board member wish to remove an item from the consent agenda, that item will be considered in its listed place on the agenda. a) **Approval of Minutes: March 6, 2025 Regular Meeting and March 20, 2025 Regular Meeting b) **Budget Ordinance Amendment for Insurance Proceeds: Ordinance No. 2025-032 3.) PUBLIC HEARINGS: a) Proposed Fiscal year 2025-2026 Budget 4.) SPECIAL RECOGNITIONS: a) Public Works Week Proclamation 5.) PRESENTATIONS: a) Tourism Report: Jessica Roberts, Mount Airy TDA Executive Director b) Project Update: Darren Lewis, City Manager 6.) PUBLIC FORUM: 7.) ITEMS REMOVED FROM CONSENT AGENDA: 8.) OLD BUSINESS: a) Ordinance to Rezone Property Located at 0 Piedmont Triad West Drive: Ordinance No. 2025-029 b) Resolution Approving Amendments to the Development Conditions for Piedmont Triad West Industrial Park: Resolution No. 2025-059 c) Ordinance to Amend City of Mount Airy Zoning Ordinance Relating to Flex Space Facilities: Ordinance No. 2025-028 d) Board to Discuss Salary of the Mayor 9.) NEW BUSINESS: 10.) OTHER BUSINESS: 11.) REMARKS BY OFFICIALS: a. City Council b. City Manager C. City Attorney 12.) CLARIFICATIONREBUTTAL BY MAYOR AND CITY COUNCIL: 13.) CLOSED SESSION: a) Pursuant to NCGS 143.318.11(a)(3) Attorney-Client Privilege b) Pursuant to NCGS 143.318.11()(5) Acquisition of Property 14.) ADJOURNMENT: MOUNT AIRY, NORTH CAROLINA REGULAR MEETING MINUTES March 6, 2025 MEMBERS PRESENT: Mayor Jon Cawley, Commissioners Chad Hutehens, Calvin Vaughn, Deborah Cochran, and Phil Thacker. MEMBER ABSENT: Commissioner David Hall Mayor Cawley welcomed everyone and called the meeting to order. APPROVAL OF AGENDA: Mayor Cawley informed the Board the agenda has been amended to add item 9a-Budget Amendment for Library Improvements Project. On motion by Commissioner Hutchens and passed unanimously, the agenda was approved as amended. CONSENT AGENDA: On motion by Commissioner Vaughn and passed unanimously, the following items were approved by way of Consent Agenda: APPROVAL OF FEBRUARY 6. 2025 REGULAR MEETING MINUTES: RESOLUTION 2025-0A-RESOLATION APPROVING TAX RELEASES: RESOLUTION NUMBER 2025-043 Approval of" Tax Releases WHEREAS, a list oftaxes to be released has been submitted by the Revenue Collections Supervisor in her capacity ofTax Collector for the City of Mount Airy Finance Department; and WHEREAS, North Carolina General Statute 105-373 provides for settlement of such taxes; and WHEREAS North Carolina General Statute 105-381 provides for release or refund of taxes; and NOW THEREFORE BE IT RESOLVED BY THE CITY OF MOUNT AIRY BOARD OF COMISSIONERS MEETING IN OPEN SESSION THAT: Section 1. Said taxes be released or refunded in accordance with said statutes for the reasons stated on the attached list. Section 2. This Resolution shall become effective upon approval by the Board of Commissioners oft the City ofl Mount Airy. Adopted this 6th day of March, 2025. Date: 6-Mar-25 Board of Commissioner of City To: of Mount Airy From: Michele McDaniel, 1 Tax Collector Release and Refund ofCity Re.: Property Taxes TAX. AMOUNT Late Account Taxpayer Value Real Advertising Personal Listing Total Reason 2024 - General Fund Rigney, Scott Not in city limits 35069 Anthony 10,538.00 63.23 63.23 county corrected 2024- General Fund No longer ownership (leased equipment) 35742 Eplus Group Inc 28,139.00 168.83 168.83 per Surry Co. Total 38,677.00 232.06 232.06 Grand Total 38,677.00 232.06 232.06 ORDINANCE 2025-022-BUDGET ORDINANCE AMENDMENT FOR INSURANCE PROCEEDS: ORDINANCE NUMBER 2025-022 BUDGET ORDINANCE AMENDMENT WHEREAS the City of Mount Airy adopted the 2024-25 budget on June 6, 2024; AND WHEREAS the City of Mount Airy has received insurance proceeds to repair property damage for public works; AND WHEREAS it is necessary to amend the budget ordinance in order to appropriate these funds in order make the necessary repairs; AND WHEREAS General Statute 159-15 of the North Carolina Government Fiscal Control Act provides authority to amend a current municipal budget; NOW, THEREFORE, be it ordained that authorization is hereby given to make the following adjustments: 2 Increase (Decrease) Section 9. Water and Sewer Fund Appropriations Public Works 32,828 32,828 Section 10. Water and Sewer Revenue Estimates Miscellaneous Revenue 32,828 32,828 Adopted this 6th day of March, 2025. ORDINANCE 2025-023-BUDGET ORDINANCE AMENDMENT TRANSFER OF FUNDS TO CIF AND APPROPRIATE FUNDS FOR POLICE VEHICLE PURCHASE: ORDINANCE NUMBER 2025-023 BUDGET ORDINANCE AMENDMENT WHEREAS the City of Mount Airy adopted the 2024-25 budget on June 6, 2024; AND WHEREAS the City of Mount Airy will transfer $3,470,000 from the General Fund to the Capital Investment Fund as per the Fund Balance Policy; AND WHEREAS it is necessary to amend the budget ordinance in order to appropriate funds for the transfers and the purchase of five additional police vehicles; AND WHEREAS General Statute 159-15 of the North Carolina Government Fiscal Control Act provides authority to amend a current municipal budget; NOW, THEREFORE, be it ordained that authorization is hereby given to make the following adjustments: Increase (Decrease) Section 1. General Fund Appropriations Transfer to Capital Investment Fund 3,470,000 3,470,000 Section 2. General Fund Revenue Estimates Appropriation of Fund Balance 3,470,000 3,470,000 Section 5. Capital Investment. Fund Appropriations Police 300,000 Appropriation to Fund Balance 1,562,923 1,862,923 Section 6. Capital Invesment Fund Revenue Estimates Appropriated Fund Balance (1,607,077) Transfer from General Fund 3,470,000 1,862,923 Adopted this 6th day of March, 2025. (end of consent agenda) 3 PRESENTATIONS: a) Mount Airy City Schools SRO Request: Phillip Brown, Mount Airy City Schools Superintendent, came before the Board requesting a full-time School Resource Officer (SRO) for Tharrington Elementary. Currently, one SRO splits their time between Tharrington Elementary and Jones Intermediate. School Resource Officers do a lot of things to secure the school campuses and ensure that the students have a good relationship with law enforcement. They also work with the staff on safety procedures. The SROs play a critical part of the City Schools day to day operations. The City pays for 1.6 SROs ($143,366) and the City Schools pay for the remaining 1.4 ($107,461), leaving the City Schools short of the goal to have one full-time officer at each school. To achieve this goal, the City Schools need to secure funding for one additional full-time officer with an estimated cost of $85,000. The City Schools is prepared to contribute one-third of this cost and requests the City and County contribute one-third each (estimated at $28,333 each). Commissioner Hutchens asked what the School's goal is if the County doesn't contribute any funding. Dr. Brown stated he felt strongly something could be worked out with the County. They will be asking the County for a recurring request to go in their annual budget package, which will be going to the School Board on March 18th and then to the County in April. The County has expressed unanimously the desire to have an officer in every school in Surry County. Ift they choose not to, he may be back to the City to request more funding-possibly a 50/50 venture and perhaps another grant. Commissioner Hutchens asked if the $85,000 included the SROs equipment and vehicle. Chief Watson stated it would not. Darren Lewis mentioned the estimated cost for the vehicle will be an additional $65,000. Training and uniforms will be extra as well. Darren stated both the City Schools and Millennium Charter have asked for an SRO and his recommendation was the City pay for two-months salary, vehicle, and training. Now, the Schools are asking for four-months to split three ways Schoola/City/County, b) Downtown Wi-FiProject: Darren said the City of Mount Airy, MAD Inc., Chamber of Commerce, and TDA have met about the need for free downtown Wi-Fi. They have met with Surry Telephone about providing this service and it will be a $40,000 five-year commitment. The four different agencies have spoken about doing a four-way split each year per agency. Darren recommended approval sO they can move forward with this project. If the Board approves, staff will bring a budget ordinance amendment for Board consideration at a later meeting. This will be approximately $10,000 coming out oft the General Fund for this to move forward. There was discussion on this item by the Board and consensus was to table this item to the March 20, 2025 Board Meeting. On motion by Commissioner Hutehens and passed unanimously, the Downtown Wi-Fi Project request was tabled until the next Board Meeting to be held on March 20, 2025. PUBLIC FORUM: Mayor Cawley declared the Public Forum open for comments. 4 John Pritchard, 128 Ridgecrest Drive (city resident): Spoke about the tax situation. Unhappy the Board agreed during the Strategic Planning Meeting not to reduce the tax rate. The City has big surpluses in both the General Fund and Water and Sewer Fund. Doesn't feel the City has made a case to justify not lowering the tax rate. Thinks the City needs to be better stewards of the tax money. Joe Zalescik, 1541 W. Devon Drive (city resident): Business owner in Mount Airy and business interest in the Municipal Service District. Spoke in favor of tax decrease to $0.58. Ashley Lancaster, Chamber of Commerce President: Spoke in favor of the approval of the Downtown Wi-Fi project. Last year during the Autumn Leaves Festival, there was a day and a half that vendors didn't have any wi-fi service and were not able to take payments. The customers could not pay so they were having to find ATM's and getting cash, which was a very bad experience for the vendors and customers. Seeing no other speakers, Mayor Cawley declared the Public Forum closed. OLD BUSINESS a) Farmers Market Update: Darren stated the Public Hearing for this request was held at the previous Board Meeting. This is being brought back to the Board for consideration. The request is from the Surry County Farmers Market to relocate to the public parking lot located on Virginia Street in the downtown area. Commissioner Vaughn mentioned there are a lot of pros and cons for this request. What they are looking for is a downtown space for citizens and businesses with the least amount of disruption. He met at the parking lot with the Police and Fire Chief to address any concerns with public safety. There was a survey completed with 22 out of 25 people in agreement to relocate the Farmers Market. One big thing is to pay attention to regulations for handicapped parking. What they did was to identify additional handicapped parking from the parking lot that they are adding at the Interworks parking lot along with Interworks making all of their handicapped spaces available. The vendor capacity was approved using the vendor map on how they will set up. The vendors will not park on Main Street, but will park in the lower level at Moore Street. The Police Chief recommended that the Farmer's Market to not block the entrance to the lot until 6:00 am on Friday morning. The police department will contact any overnight parking to let them know they need to move their vehicles. If there is a street closing, the Farmers Market will move to Market Street if the Virginia Street lot can't be used. The Chief of Police will monitor the intersection of Virginia Street and Willow Street. On motion by Commissioner Hutehens and passed unanimously, the request to relocate the Farmer's Market to the public parking lot located on Virginia Street was approved. NEW BUSINESS a) Ordinance 2025-024-Budget Ordinance Amendment for Mount Airy Publie Library Improvements Grant Project: 5 On motion by Commissioner Cochran and passed unanimously, Ordinance 2025-024 was approved. ORDINANCE NUMBER 2025-024 PROJECT ORDINANCE AMENDMENT FOR MOUNT AIRY PUBLIC LIBRARY MPROVEMENTS GRANT PROJECT WHEREAS the City of Mount Airy accepted a grant award on March 7, 2024 from the Current State Appropriations Act, Session Law (S.L.) 2023-134 from the Regional Economic Reserve, which is being administered by the Office of State Budget and Management, for the purpose of the Mount Airy Public Library Improvements Grant Project; AND WHEREAS the funds were received in advance and have earned interest and the interest earnings are to be used for the project; AND WHEREAS it is necessary to amend the ordinance to account for the interest earnings to date on these funds; BE IT ORDAINED by the Board of Commissioners of the City of Mount Airy, North Carolina, that, pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, the following project ordinance amendment is hereby adopted: Section 3 The following amounts are appropriated for the project: Culture and Recreation $ 72,000 Section 4 The following revenues are anticipated to be available to complete this project: Investment Earnings $ 72,000 Section 5 The Finance Officer is hereby directed to maintain within the Project Fund sufficient specific detailed accounting records to satisfy the equirements of the grantor agency, the grant agreements, and federal regulations. Section 6 Funds may be advanced from the General Fund for the purpose of making payments as due. Reimbursement requests should be made to the grantor agency in an orderly and timely manner. Section 7 Copies of this project ordinance shall be furnished to the Clerk to the Governing Board, and to the Budget Officer and the Finance Officer for direction in carrying out this project. Adopted this 6th day of March, 2025. REMARKS BY OFFICIALS: Commissioner Vaughn: Thoughts and prayers for Mitch Williams on the loss of his mother. Thanked Ashly Lancaster and Dr. Brown for their comments. Good luck to the Farmers Market-he hopes for great success. Congratulated the City staff for the amazing jobs they do. Thanked Darren, Pam, Peter, and all staff who work on grants-there is a lot of information and work involved with this. Asked the Board and staff to think of ways to get more revenue. Congratulated Northern Regional Hospital for being on the Becker's 100 Rural 6 Community Hospitals. Reminded citizens about the tax relief program through the County. Asked the Board to do some research on North Carolina Statute GS 105-36c. Commissioner Cochran: Heartfelt condolences go out to Mitch Williams and his family with the passing of his mom. Commissioner Thacker: Thanked the number of people that worked on the Farmer's Market. It is good to see a group of people come and work together. Thanked the Mount Airy Chamber of Commerce and the Surry County Economic Development Partnership for putting together the reception for the elected officials and business leaders. Mentioned the community cleanup during March 17-30 and encouraged everyone to participate to clean up the streets in the City. Commissioner Hutchens: No comments. Darren Lewis: Thanked the City staff for all they do. Thanked Commissioner Thacker for signing up to pick up littler along Arlington Street. Thanked everyone who worked on the Strategic Planning Meetings. City staff puts a lot of time and effort into these budget meetings making sure the City continues to offer the services that everyone has grown to love. Hugh Campbell: No comments. Mayor Cawley: Thanked the Board for moving the time of the meeting sO he and Commissioner Thacker could attend the event recognizing Gary York. Congratulated the Farmers Market-hopes it will be very successful. Thanked Dr. Brown for putting the children's safety in the forefront. The Board will take heat for whatever decision is made concerning the budget, but that is just part of the job. Asks the public to be mature enough to make their decisions out of hopes and not out of fears. CLOSED SESSION: a) Pursuant to NCGS 143-318.11 (a)(3) Attorney-Client Privilege On motion by Commissioner Hutchens and passed unanimously, the board entered into Closed Session. OPEN SESSION: On motion by Commissioner Hutchens and passed unanimously, the Board entered back into Open Session with no further action. ADJOURNMENT: On motion by Commissioner Hutchens and passed unanimously, the meeting was adjourned. Approved and adopted this the 15th day of May, 2025. Jon Cawley, Mayor ATTEST: Melissa N. Brame, City Clerk 7 MOUNT AIRY, NORTH CAROLINA REGULAR MIEETING MINUTES March 20, 2025 MEMBERS PRESENT: Mayor Cawley, Commissioners Chad Hutchens, Calvin Vaughn, David Hall, Deborah Cochran, and Phil Thacker. Mayor Cawley welcomed everyone and called the meeting to order. APPROVAL OF AGENDA: On motion by Commissioner Cochran and passed unanimously, the agenda was approved. CONSENT AGENDA: On motion by Commissioner Hutehens and passed unanimously, the following items were approved by way of Consent Agenda: RESOLUTION V25-0H-RESOLLTION MAKING ABC BOARD REAPPOINTMENT: RESOLUTION NUMBER 2025-044 RESOLUTION MAKING ABC BOARD REAPPOINTMENT WHEREAS, an ABC Board member's term expires March 31, 2025; and WHEREAS, said member has expressed interest in being reappointed to the ABC Board: NOW, THEREFORE BE IT RESOLVED BY THE CITY OF MOUNT AIRY BOARD OF COMMISSIONERS MEETING IN OPEN SESSION THAT: Section 1. John Sanders is hereby reappointed to the ABC Board for another three-year term, which will expire March 31, 2028. Section 2. This resolution shall become effective upon approval. Approved and adopted this the 20th day of March, 2025. ORDINANCE 2025-025-BUDGET ORDINANCE AMENDMENT-LOAN PAYOFF FOR FIRE DEPARTMENT COMMUNICATION: ORDINANCE NUMBER 2025-025 BUDGET ORDINANCE AMENDMENT WHEREAS the City of Mount Airy adopted the 2024-25 budget on June 6, 2024; AND WHEREAS the City of Mount Airy will use $249,348.60 from the Capital Investment Fund to pay off a loan with Motorola for Fire Department Communication; AND WHEREAS it is necessary to amend the budget ordinance in order to appropriate funds for the payoff of this loan; AND WHEREAS General Statute 159-15 of the North Carolina Government Fiscal Control Act provides authority to amend a current municipal budget; NOW, THEREFORE, be it ordained that authorization is hereby given to make the following adjustments: Increase (Decrease) Section 5. Capital Investment Fund Appropriations Debt Service 249,349 249,349 Section 6. Capital Invesment Fund Revenue Estimates Appropriated Fund Balance 249,349 249,349 Adopted this 20th day of March, 2025. SPECIAL RECOGNITIONS: a) Vietnam War Veterans Day Proclamation: Mayor Cawley read the Vietnam War Veterans Day Proclamation declaring March 29, 2025 as Vietnam War Veterans Day and presented it to Faye Haas (Daughters of the American Revolution). PUBLIC FORUM: Mayor Cawley deelared the Public Forum open for comments. John Pritchard, 128 Ridgecrest Drive (city resident): Spoke against the Board not lowering the tax rate when the revaluation will be bringing in more tax revenue for the City. As he previously mentioned, the City has not made its case to keep the tax rate at $0.60. Seeing no other speakers, Mayor Cawley declared the Public Forum closed. OLD BUSINESS: a) Mount Airy City Schools SRO Request: Darren stated that at the Strategic Planning Meeting, he recommended the City pay for two months' salary for a new SRO position for the City Schools, which would be around $15,000 along with the cost of vehicle, uniforms, equipment, and training (totaling approximately $80,000). At the last meeting, Dr. Brown with the City Schools asked for four months salary, which will bring the cost for the City up to around $95,000. He proposed a three-way split between the City Schools, City, and County. Darren's recommendation is the City to move forward with the four-month request along with the vehicle and equipment making the City's cost at approximately $95,000 leaving $60,000 for the City Schools to work out within their budget. This $95,000 increase will come out of the revaluation dollars from the budget. Mount Airy City Schools will benefit from the revaluation as well. Darren recommends holding the line with the four-month salary, vehicle and equipment. Commissioner Vaughn made a motion for the City to pay for four month's salary, vehicle, training, and equipment (approximately $95,000) for a new SRO position at the Mount Airy City Schools and it was passed unanimously. NEW BUSINESS a) Resolution 2025-015-Resolution Accepting Offer to Purchase Property Following Upset Bid Process: 2 On motion by Commissioner Hutchens and passed unanimously, Resolution 2025-045 was approved. RESOLUTION NUMBER 2025-045 RESOLUTION ACCEPTING OFFER TO PURCHASE PROPERTY FOLLOWING THE UPSET BID PROCESS FOR CITY OWNED PROPERTY LOCATED ON EAST PINE STREET (PIN 502016843983 AND 502012845918) WHEREAS, the City of Mount Airy received a formal offer from CAS Investments, LLC to purchase certain real property owned by the City of Mount Airy;and WHEREAS, said offer is to purchase two parcels (total 0.47-acres, more or less) located on East Pine Street (PIN 502016843983 and 502012845918) for the amount of $25,000; and WHEREAS, at the February 20, 2025 Regular Board Meeting, the Board of Commissioners voted these lots as surplus and authorized the City Clerk to begin the upset bid process to dispose of said parcels with no upset bids being received; and WHEREAS, a proper bid deposit was received from CAS Investments, LLC and the City Clerk properly advertised in accordance to North Carolina General Statute 160A-269; and WHEREAS, the Mount Airy Board of Commissioners find as a matter of fact that the City of Mount Airy has no municipal use of the properties in question: NOW, THEREFORE BE IT RESOLVED BY THE CITY OF MOUNT AIRY BOARD OF COMMISSIONERS MEETING IN OPEN SESSIONTHAT: Section 1. The Board of Commissioners does hereby accept the offer to purchase the two parcels (total 0.47-acres, more or less) located on East Pine Street ((PIN 502016843983 and 502012845918) for the amount of $25,000, less applicable excise tax (revenue stamp). Section 2. The Board of Commissioners, upon payment of the offer and the costs of sale enumerated in the Notice of Sale, instructs the City Attorney to prepare the documents necessary for the Mayor to execute and deliver on behalf of the City of Mount Airy. Section 3. This resolution shall become effective upon approval. Approved and adopted this the 20th day of March, 2025. b) Resolution 2025-046-Resolution Approving Interlocal Agreement Between City of_Mount Airy and County of Surry: On motion by Commissioner Thacker and passed unanimously, Resolution 2025-046 was approved. RESOLUTION NUMBER 2025-046 3 RESOLUTION APPROVING INTERLOCAL AGREEMENT BETWEEN CITY OF MOUNT AIRY AND COUNTY OF SURRY Inspection Services WHEREAS, NCGSI60D-1102 authorize municipalities to contract with the county in which they are located to provide inspection services; and WHEREAS, the City of Mount Airy desires to contract with Surry County to issue permits and provide inspection services for building, electrical, plumbing, and mechanical permits; and WHEREAS, the County has experienced a shortfall between the amount it costs the County to issue permits and conduct inspections and the amount of fees generated; and WHEREAS, the purpose of this proposed interlocal agreement is for the County to recover some of the costs for permits and inspections to the County; and WHEREAS, the County approved a fee structure that is based on a participating municipality covering their share of the difference in revenues collected for permits in their jurisdiction with a cost per inspection: NOW, THEREFORE BE IT RESOLVED BY THE CITY OF MOUNT AIRY BOARD OF COMMISSIONERS MEETING IN OPEN SESSION THAT: Section 1. The Board of Commissioners does hereby approve the Interlocal Agreement Between the City of Mount Airy and County of Surry for Inspection Services. Section 2. The Board of Commissioners does hereby authorize the Mayor to execute said interlocal agreement per review and approval by the City Attorney. Section 3. This resolution shall become effective upon approval. Approved and adopted this the 20th day of March, 2025. REMARKS BY OFFICIALS: Commissioner Hall: Feels the SRO is a necessity to which they owe the citizens and children. It is unfortunate to live in a society now that this has to be done. Commissioner Vaughn: Encouraged everyone to sign up for the Citizens Fire Academy in April. Thanked Stan and Carmen Smith for what they are doing to address the housing needs in the area. Thanked Commissioner Thacker, Commissioner Cochran, Mayor Cawley, Commissioner Hall, and Commissioner Hutchens for their outstanding service, integrity, and faithfulness to the citizens. Thanked the City Manager, City Attorney, Nicki, Pam, Mitch, Peter, Sherri, and Chief Watson-appreciates their dedication and hard work for the citizens. Commissioner Cochran: Thanked Commissioner Vaughn for filling in for her on Monday night by speaking to Boy Scouts. Commissioner Thacker: Thanked Peter Raymer, Luke Danley, and the Parks and Recreation employees for the work they are doing at Westwood Park. They are clearing out trees and 4 doing things to make the park look good. Attended a Surry County Economic Development Partnership breakfast to update the members on efforts to identify areas that would be available for future interested industries. The committee has a large number of people throughout the County to help identify these areas that may be available. The City Manager is also a part of that committee as a representative for the City. Reminded everyone the community cleanup is in progress and encouraged everyone to participate in cleaning up the City streets. Thanked Commissioner Vaughn for cleaning up Bluff Street toward Tharrington school. Commissioner Hutchens: Thanked the City staff and Public Works employees for all they do. When riding around the City, the City staff are always out and busy. Mentioned to City employee Dan Speight that seeing him on the Franklin Street site every day shows how dedicated City staff are. Thanked the citizens. Mentioned he has received a lot of questions about the budget and has had some really good conversations. The Board will not always have the answers, but they will do the research to find the answer. He may not always make the right decision, but he will always make what he feels is the best decision by being informed. Mentioned there is a County-wide burn ban starting tomorrow-asked everyone to please adhere to the burn ban. Darren Lewis: Thanked the City staff for all they do. The City staff will continue to be good stewards ofthe tax dollars. Hugh Campbell: No comments. Mayor Cawley: Sometimes silence is golden. Sometimes when hearing misinformation, he gets stuck and don't want to argue with every misinformed citizen because that leads to nowhere. But if he doesn't say anything, that misinformation is believed by others. Two weeks ago, a citizen stated the Fire Chief was driving around in a new $95,000 truck; however, the City paid $41,000 for that work vehicle. This is just an example of some misinformation being said. When City staff purchase things, they try to get the best deal possible. The world has changed since COVID-everything has increased in price. Everything that the City staff purchases to do their jobs has increased in price. ADJOURNMENT: On motion by Commissioner Hutchens and passed unanimously, the meeting was adjourned. Approved and adopted this the 15th day of May, 2025. Jon Cawley, Mayor ATTEST: Melissa N. Brame, City Clerk 5 A25-012 ORDINANCE NUMBER 2025-032 BUDGET ORDINANCE AMENDMENT WHEREAS the City of Mount Airy adopted the 2024-25 budget on June 6, 2024; AND WHEREAS the City of Mount Airy has received reimbursement from Friends of the Mount Airy Police Department for BLET student costs; AND WHEREAS it is necessary to amend the budget ordinance in order to appropriate these funds in order to reimburse the City for student costs; AND WHEREAS General Statute 159-15 of the North Carolina Government Fiscal Control Act provides authority to amend a current municipal budget; NOW, THEREFORE, be it ordained that authorization is hereby given to make the following adjustments: Increase (Decrease) Section 1. General Fund Appropriations Police 2,000 2,000 Section 2. General Fund Revenue Estimates Miscellaneous Revenue 2,000 2,000 Adopted this 15th day of May, 2025. Mayor Attested: City Clerk RESOLUTION NUMBER 2025-058 RESOLUTION SETTING PUBLIC HEARING ON THE PROPOSED FISCAL YEAR 2025-2026 BUDGET WHEREAS, the proposed fiscal year 2025-2026 budget for the City of Mount Airy has been presented to the Board of Commissioners (Presented May 1, 2025) and the public is encouraged to visit the City of Mount Airy's website www.mountairy.or) for public inspection; and WHEREAS, North Carolina General Statute 159-12 states that before adopting the budget ordinance, the board shall hold a public hearing at which time any persons who wish to be heard on the budget may make comments: NOW, THEREFORE BE IT RESOLVED BY THE CITY OF MOUNT AIRY BOARD OF COMMISSIONERS MEETING IN OPEN SESSION THAT: Section 1. The Board of Commissioners does hereby set a public hearing on the proposed fiscal year 2025-2026 budget for Thursday, May 15, 2025 at 6:00 pm and further authorizes the City Clerk to advertise said hearing. Section 2. The Mayor and City Clerk are authorized to execute all related documents. Section 3. This resolution shall become effective upon approval. Approved and adopted this the Ist day of May, 2025. 20 Jon aw - leys Mayor ATTEST: BhL FEB.25, 1885 Melime Melissa N. Brame, City Clerk < C CAF NORTH CAROLINA SURRY COUNTY CLIPPING OF LEGAL ADVERTISEMENT AFFIDAVIT OF PUBLICATION ATTACHED HERE Before the undersigned, a Notary Public of said County and State, duly NOTICE OF PUBLIC commissioned, qualified and authorized by law to administer oaths, HEARING personally appeared Serena Bowman who being first duly The proposed fiscal 2025- sworn, deposes and says: that he (she) is Regional General Manager 2026 budget for the yeer of Mount Airy has been (Publisher or other officer or employee authorized to make affidavit) of presentedt to the Board of ADAMS PUBLISHING GROUP, LLC, engaged in the publication of a May Commissioners 1, 2025). The (presented Publici is on newspaper known as MOUNT AIRY NEWS, published, issued, and encouraged to visit the City of entered as periodicals class mail in the city of Mount Airy in said County Mount www.mountaiv.or) Airy's website ) for and State; that he (she) is authorized to make this affidavit and sworn inspection. statement; that the notice or other legal advertisement, ai true copy ofwhich The City of Mount Airy! Mayor is attached hereto, was published in MOUNT AIRY NEWS on the and will hold Board aj public of Commissioners hearing on following dates: the proposed FY 2025-2026 budget during their Regular 5-3-85 Board Mesting on Thursday, May 15, 2025at6 ini the Council Chamber cpn at Municipal Building (300 South Main Street). Citizens are invited to make oral comments. The May 15, 2025 Regular Board Meeting will also be held and that the said newspaper in which such notice, paper, document or virtually and can be viewed via legal advertisement was published was, at the time of each and every such Zoom Links and and call-ini Facebook instructions Live. publication, a newspaper meeting all of the requirements and willl be posted on www.mountairvyorg. qualifications of Section 1-597 of the General Statutes of North Carolina Notice in accordance with and was a qualified newspaper within the meaning of Section 1-597 of the North 159-12. Carolina General Statute General Statutes ofl North Carolina. PUBLISH: 5-3-2025 272703 54h This day of Pae 2025 dnbmne Signature of person making affidavit, 5hb Sworn to and subscribed before me, this day of * Ek 2025 Seceu Bahma Notary Public My Commission expires: September 13, 2026 JENNA. JOHNSON Notary Public North Carolina Surry County My Commission Expires September 13, 2026 ORDINANCE NUMBER 2025-029 ORDINANCE TO REZONE PROPERTY LOCATED IN THE CITY OF MOUNT AIRY OPiedmont Triad West Drive WHEREAS, the City of Mount Airy has been petitioned by Bayfront Development, LLC to rezone two parcels (total 4.76 acres) located at 0 Piedmont Triad West Drive from B- 4 (Highway Business) to M-1 CD Industrial-Comditional Use); and WHEREAS, the T'ax Identification Numbers for said parcels are 919-00-70-1535 and 5919-00-70-0962; and WHEREAS, the Planning Board of the City of Mount Airy has reviewed the petition and recommended the request to the Board of Commissioners for their consideration and approval; and WHEREAS, the Board of Commissioners of the City of Mount Airy adopted a resolution directing that a public hearing be conducted on the Ist day of May, 2-25; and WHEREAS, the Board of Commissioners, having conducted the public hearing and reviewed the recommendations of the Planning Board, concur that the properties herein described be rezoned and adopt the following Statement of Consistency: Statement of Consistency "The rezoning request is consistent with the future land use recommendation of the Mount Airy Comprehensive Plan in that it is compatible with zoning and land uses within the Piedmont Triad Industrial Park. The request is also reasonable and in the public's interest." 99 NOW, THEREFORE BE IT ORDAINED by the City of Mount Airy Board of Commissioners that the two parcels (total 4.76 acres) identified as 0 Piedmont Triad West Drive (Tax ID 5919-00-70-1535 and 5919-00-70-0962) be rezoned from B-4 (Highway Business) to M-1 CD Industrial-Comditional Use). BE IT FURTHER ORDAINED that the Zoning Map of the City of Mount Airy be amended to reflect this change. Approved and adopted this the 15th day of May, 2025. Jon Cawley, Mayor ATTEST: Melissa N. Brame, City Clerk City of Mount Airy April 17, 2025 Board of Commissioners Meeting Staff Report To: Mayor & Board of Commissioners From: Byron Brown - Planning Director Subjeet: 2025-REZ-01 (Piedmont Triad West, B-4 to M-1 CD) A. ACTION REQUESTED BY BOARD OF COMMISSIONERS 1. Motion to adopt a statement approving the proposed rezoning and describing its consistency with the plan; or 2. Motion to adopt a statement rejecting the proposed rezoning and describing its consistency or inconsistency with the Comprehensive plan. B. REQUIRED VOTESTO PASS ACTION A majority vote is required to pass the requested action. C. SUBJECT PROPERTIES Property Owner(s): Bayfront Development LLC P.O. Box 1538 Pilot Mountain, NC 27041 Physical Address: 0 Piedmont Triad West Drive Property PINS: 5919-00-70-1535 & 5919-00-70-0962 Zoning Area: 1.21 and 3.55 Acres Current Use: City of Mount Airy Public Works Current Zoning Distriet: B-4 (Business - Highway Business) Proposed Zoning District: M-1 CD (Industrial - Conditional) 2025-REZ-0001 Effeeted Parcels: 2 Total Acreage: 4.76 Acres D. BACKGROUND The requested rezoning is for 2 parcels (PIN: 5919-00-70-1535 and 5919-00-70-0962) located Park at the northwest corner of the intersection of McKinney Road and Piedmont Triad West Drive within the Piedmont Triad West Industrial. These lots are currently zoned B-4 CD (Business, Highway Business-Conditional). The requested rezoning for this site is M-1 CD (Industrial - Conditional). If rezoned, each parcel will fall under the standards of the Development Conditions that already exist within the industrial park. The Development Conditions include landscaping, parking, utility, drive-way and sign guidelines for the industrial park. Staff in the future will be recommending amendments to the Development Conditions, to bring them up-to-date with the conditions of the park today. Any amendments to the conditions associated with the industrial park requires 2/3 majority vote ofthe property owners within the park as well as Planning Board and Board of Commissioners approval. An amendment to the conditions in 2015 removed the acreage requirement for B-4 zoning and reduced M-1 acreage requirement to 2 acres. These properties would need to be combined, as the property PIN ending in '1535' does not meet the required acreage. The proposed rezoning is consistent with the Comprehensive Plan which calls for industialmanuhacturing land uses in this existing industrial park. The applicant for this rezoning is a perspective developer who is proposing the use "Flex Space Facilities" this location. 2025-REZ-0001 2 E. ZONING MAP a Sour ce Gcon a fapnuss n6 Communs 2025-REZ-0001 3 RESOLUTION NUMBER 2025-059 RESOLUTION APPROVING AMENDMENTS TO THE DEVELOPMENT CONDITIONS FOR PIEDMONT TRIAD WEST INDUSTRIAL PARK WHEREAS, the City of Mount Airy Planning Director has revised and amended the Development Conditions for the Piedmont Triad West Industrial Park; and WHEREAS, it is staff recommendation for approval of these revised and amended Development Conditions: NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF MOUNT AIRY BOARD OF COMMISSIONERS MEETING IN OPEN SESSIONTHAT: Section 1. The Board of Commissioners does hereby approve the Development Conditions for the Piedmont Triad West Industrial Park as amended (Attached). Section 2. The Board of Commissioners does hereby authorize execution of any necessary documents related to this item per review and approval by the City Attorney. Section 3. This resolution shall become effective upon approval. Approved and adopted this the 15th day of May, 2025. Jon Cawley, Mayor ATTEST: Melissa N. Brame, City Clerk Amendment 1 PERMITTED USES Conditional Use Business 4 All uses permitted in the B-4 zoning tables of the Mount Airy Zoning Ordinances as of January 1, 2005. Multi-tenant development or big box retail shall not exceed 200,000 square feet in area without approval of the City Board of Commissioners. The following uses are strictly prohibited; RFWIROUIBESORE, auto, boat, or truck sales, animal kennels or animal clinics, funeral homes, septic tank services, flea markets, mobile home sales, pawn shops, tire dealers, tanning salons, tattoo shops, taxidermist, truck and utility trailer rental, sales, or leasing, building supply dealers, Hermnatgseices, cemeteries, hunting and fishing clubs, night clubs/bars. A business use not listed in the B-4 Zoning Table would have to have the approval of the City Board of Commissioners. Conditional Use M-1 All uses permitted in the M-1 zoning tables as of January 1, 2005. Strictly prohibited are the mining of earth products, above ground pipelines, open conveyor belts, wrecking facilities or junkyards, auto sales, engine repair or maintenance service shops, notincluding: specialized services such as audio, tinting, exterior graphic, interior and upholstery customization and repair, and body work; or salvage yards, solid waste disposal sites, asphalt plants, tire recapping shops, epen-sterage flea markets, go-cart tracks and mini-warehouses. AI manufacturing use that is not listed in the M-1 Zoning Table would have to have the approval of the City Board of Commissioners. Amendment 2 SHEAND-BUILDING-APPERANCE: Faterio-huldingwalsaa.ehieduaimsteiak- bridke.siomeperalherareNiestwsksurfaees: Amendment 3 LOADING DOCKS Elevated-tloading dock areas shall be on the side or back of the structures. At-grade loading bays are allowed features on the front façade of a building. Front facing loading areas should be minimized to encourage pedestrian.safety: and traffic circulation. Amendment 4 PEDESTRIAN AMENITIES All development shall include provisions for pedestrian scale amenities such as benches, picnic tables, courtyards, and trash receptacles. All buildings or building clusters within a development shall be connected with linkages other than roads. An-improved-walkwalkwayshalbereguredeemnectingaladaeentsies. City of Mount Airy April 17, 2025 Board of Commissioners Meeting Staff Report To: Mayor & Board of Commissioners From: Byron Brown - Planning Director Subject: 2025-ZTA-0001d (Text Amendment - PTW Development Conditions) 1. ACTIONS REQUESTED BY PLANNING BOARD 1. Motion to adopt a statement approving the proposed text amendments, describing its consistency with the plan; or 2. Motion to adopt a statement rejecting the proposed text amendment and describing its consistency or inconsistency with the Comprehensive plan. 2 REQUIRED VOTESTO PASS ACTIONS A majority vote is required to pass the requested actions. BACKGROUND This proposed text amendment seeks to address inconsistencies, trend updates and elements of the Piedmont Triad West Industrial Park Development Conditions which have not been enforced. The Piedmont Triad West Industrial Park established Development Conditions for properties located within the Industrial Park. These conditions cover a variety of development standards and site features including building design, driveways, temporary structures, limitations on land uses, landscaping, and pedestrian facilities amongst others. Today there has been limited enforcement and adhere to these standards. Staff is seeking to update standards associated with the industrial park that are out of date, have been limited in enforcement or do not reflect the existing nature of the park. Within the development conditions, it states that amendments to these standards must be approved by 2/3 majority vote of the property owners within the Park. Staff has obtained the required number of votes, in support of these amendments and is requesting the Board of Commissioners to adopted the recommended changes. 2025-ZTA-0001D 4, ATTACHMENTS 1. Piedmont Triad West - Development Conditions 2025-ZTA-0001D 2 38 Doc ID: 004063330005 Type:. CRP Recorded: 04/20/2005 at 12:15:07 PM Fee Amt: $26.00 Page 1 of 5 County North Carolina Brce M. Comer Rea of Deeds BKJ 1070 P932-936 PIEDMONT TRIAD WEST MOUNT AIRY, NORTH CAROLINA DEVELOPMENT CONDITIONS The City of Mount Airy is the owner of the lots within the Piedmont Triad West Industrial Park as shown City has established a general plan for the improvement of the lots within the Piedmont Triad on the attached maps. The establish these conditions, reservations, and restrictions (collectively the West Industrial Park, and does hereby any portion of said lots shall be improved or sold. Each and every one "Development of these Conditions") upon which and subject to which owner of said lots, shall inure to and pass with each and every portion of Development Conditions is for the benefit of each interest of the present owner(s) thereof. A to said lots, and shall bind the respective successors in then. right change any or all of these Development Conditions a property owners is reserved. If an owner of any tract (or portion thereof), or their successors in by shall 2/3 violate majority vote of the Development Conditions, it shall be lawful for any other person owning lot or thereof titie, any of these ori in equity in order to prevent or abate such violation. Invalidation of any of portion to prosecute any proceedings at law order, statute, orj judicial decision shall in no way affect any of the other provisions any these herein Development Conditions by judgment, court and effect. In the event that there is any conflict between those contained, which shali remain in full force in such event the more restrictive construction shall be deemed Development Conditions and the Mount Airy Zoning Ordinance, then controlling. ZONING. Area shall be zoned Conditional Use Business 4 and Conditional Use M-1 as shown on Attached maps. PERMITTED USES. Conditional Use Business 4 All uses permitted in the B-4: zoning tables of the Mount Airy Zoning Ordinance as of January 1, 2005. of Multi-tenant Commissioners. developments or big box retail shall not exceed 200,000 square feet in area without approval of the City Board Thet following uses are strictly prohibited; uses with outside storage, auto, boat, or truck sales, animal kennels clinics, funeral homes, septic tank services, flea markets, mobile home sales, pawn shops, fire or animal lattoo shops, taxidermist, truck and utility trailer rental, sales, or leasing, building supply dealers, dealers, tanning salons, cemeteries, hunting and fishing clubs, night clubs/bars. exterminating services, Ab business use not listed in the B-4. Zoning Table would have to have the approval of the City Board of Commissioners. Conditional Use M-1 All uses permitted in the M-1 zoning tables as of January 1, 2005. 24 Strictly prohibited are the mining of earth products, above ground pipelines, open conveyor belts, junkyards, auto sales, repair or service shops, storage or salvage yards, solid waste disposal sites, wrecking facilities tire or capping shops, open storage, flea markets go-cart tracks and minl-warehouses. asphalt plants, re- Ar manufacturing use thati is not listed in the M-1 Zoning Table would have to have the approval of the Commissioners. City Board of SETBACKS. Conditional Use M-1 . Structures shall be setback a minimum of 50 feet from any front property line and 25 feeti from side or line. any rear property Conditional Use B-4 Structures shail be setback per the zoning ordinance. LOT COVERAGE. Maximum impervious surface area shail not exceed 75% of gross land area in CU M-1 and CU B-4 areas, PARKING. All parking and loading areas shall be developed per the zoning ordinance. Mutual shared access agreements shall be encouraged between adjacent property owners with frontage. Adjaçent developments shall çonnect interior parking areas. Adjacent or shared parking arrangements shall have a minimum of a 10 foot landscaped separation. FENCES. All site fencing shall be of a permanent material and compatible with the material used on the exterior buildings. Chain link fencing is allowed, with proper landscaping to afford an opaque screen within 2 building of walls of years planting. SIGNS. Refer to Section 9.9 of Zoning Ordinance. UTILITIES. All site utilities and related wire appurtenances shall be underground within the Commercial zoned There are no requirements for underground utilities in to the Industrial zoned properties. properties. DRIVEWAYS. Driveway openings shall be separated by a minimum of 150 linear feet on-site and fimited to 1 per street unless additional openings are granted by the city. abutting Driveway widths shall be approved by the city following general NCDOT standards of practice. One access point shall be allowed for properly with less than 400 feet of frontage. Two access points shall be allowed if property exceeds 400 féet of frontage. Three access points may be allowed for properties with more than 8001 feet oft frontage. Shared access points are recommended. LOT: SIZES FOR CU-M1 AREAS, All development shall consist of tracts 5 acres or greater. SITE AND BUILDING APPEARANCE. Exterior building walls shall be constructed of durable and permanent architectural materiais brick, stone, cther architectural surfaces. or ADDITIONS. Building additions shall be designed to reflect the existing building in scale, height, materials, window treatment, signage, and color. NUISANCES. No norns, whistles, belis or other sound devices, except safety, emergency, and security devices used for seçurity purposes. exclusively No rubbish or debris of any kind, shall be located, used or placed on any parçel. LANDSCAPING. On-site landscaping shall be provided per the city's zoning requirements for storage areas, incinerators, trash containers, and maintenance facilities. storage tanks, LOADING DOCKS. Loading dock areas shall be on the side or back of the structures. LIGHTING, Lightng shall be shielded and directed sO as not to infringe on adjacent streets, properties, or the open sky. TEMPORARY STRUCTURES. No temporary structure, tent, or barn of any knd shall be erected upon any parcel. All sales or construction offices must be removed within 60 days after completion of sales and construction. PEDESTRIAN AMENITIES All developments shall include provisions for pedestrian scale amenities such as benches, trash receptacles. picnic tables, courlyards, and All buildings or building clusters within a development shall be connected with linkages other than roads. An improved walkway: shall be required connecting all adjacent sites. TOWERS. No television, radio, or other electronic towers or device of any type shall be erected, or to ori improvements thereon unless it is in conformity with the zoning ordinance. permitted remain on any parcel APPROVALS Prior to the issuance of a Zoning Permit, all building plans, site plans, and elevation schematics shall be submitted to Department of Planning for review and approval of the Conditional Use Rezoning. the Upon site plan approval, the Department of Planning will issue a Conditional Use Zoning Permit. OTHER CONDITIONS. Property not to be sold to not-for-profit or tax exempt agency without requirement of payment in lieu of taxes county equal to annual property tax: and is not exempt. to city and Runs with the land May be amended with approval of 2/3 ofp property Owners within the park. Approved by the City of Mount Airy Board of Commissioners, November 5, 1998 and amended April 7, 2005. 1 Barbara A. Jones, City Clerk of the City of Mount Airy, do hereby certify that the foregoing is a true so proceedings of the Board of Commissioners of the City of Mount Airy, at a meeting held 2005. copy of much of the corporate seal of the said city, this the 19th day of April, 2005. April 7, Witness my hand and the bashaw a Divo AB85 Barbara, A. Jones, Cily Clerk 6 a FED 7 a North Carolina County of Surry 1, Melissa NL. Nnabic a notary public for said County and State, do hereby certify that Barhara A.. Jones and acknowledged that she is the Clerk to the Board of the personally City of Mount appeated before me this day copy of a portion of the proceedings of the Board of Commissioners Airy and certified a true its April 7, 2005 meeting. of the City of Mount Airy at Witnesa myaang and official seal, this the, of C aolbayo Apal 2005 My Com. Ep. June 26, 2005 PUBLIS - Mulsa M Manabw Notary Public My Commission Expires June à 2005. STATE OF NORTH CAROLINA, COUNTY OF SURRY The forggoing or foliowinge 0 - - - K certicatels) of a Melle is (are) certified fo be correct. CAROLYN M. COMER 8YL REGISTER hhonda OF DEEDS Assislam Boastev Deputy EXHIBIT A DEVELOPMENT CONDITIONS FOR THE PIEDMONT TRIAD WEST INDUSTRIAL PARK The COMMERCIAL AREA, Zoned CU-B4, is Book 15; Page 37, Surry County shown on that plat of survey recorded in Plat reference as if fully set out. Registry, said plat description being incorporated herein by The INDUSTRIAL AREA, zoned CU-M-1, is shown Book 17, Page 147, Surry County on that plat of survey recorded in Plat reference as if fully set out. Registry, said plat description being incorporated herein by The City of Mount Airy reserves the right to modify time to time. these descriptions as may be necessary from For Reference See Plat Book 15, Page 37, Surry County Registry BK 1518 PG 1023 - 1033 (11) This document presented and filed: 05/18/2015 12:56:25 PM Fee $26.00 626403 Surry County North Carolina CAROLYNM. COMER, Register of Deeds HC Slatc of North Carolina County ofSurry AMENDMENT TO DEVELOPMENT CONDITIONS PIEDMONTTRIAD WEST INDUSTRIAL PARK MOUNT AIRY, NORTH CAROLINA THIS AMENDMENT TO DEVELOPMENT CONDITIONS WEST INDUSTRIAL PARK is being madc and entered into for FOR PIEDMONT TRIAD certain section of the Development Conditions recorded the purpose ofamending a in Book Registry and shall be effective as of (he date ofthe last 1070, Page 932, Surry County signature bclow (the "Effcctive Date").. WITNESSETH: WHEREAS, the undcrsigned are the owners ofthc lots within the. Industrial Park ("PTW"). The City ofMount Airy Piedmont Triad West improvement oflots within PTW and previously established a general plan for thc restrictions promulgated ccrtain conditions, rescrvations and (collcctively the "Development portion ofthe lots within PTW shall be Conditions") upon which and subjcct to which any improved or sold; WHEREAS, the Development Conditions were recorded on the ollice ofthe Register of Deeds April 20, 2005 and appear in 932; ofSurry County, North Carolina in Record Book 1070, Page WHEREAS, the Devclopment Conditions provide, in pertinent pari, that Development Conditions can be changed by a 2/3 majority vote of the then any or all ofthe within PTW; and property owners WHEREAS, as ofthe cffcctive date of this Amendment, the City of Mount and following parties constitute 100% ofthe Airy the properly owners within PTW, namcly: Page 1 of 11 a PIN: 591900619380 / Owner: RAINBOW RA: SCALS MOUNT AIRY III 1732 CROOKS RD TROY MI 48084 Physical Address: 203 MOUNTAIN VIEW LN Deed Reference: 1417 588 Acres: 2.116 PIN: 591900704740 Owner: TWIN COUNTY ENERGY INC A VIRGINIA CORPORATION 10854 GRAYSON PARKWAY GALAX VA 24333 Physical Address: 150 PIEDMONT TRIAD WEST DR Deed Reference: 1488 294 Acres: 2.161 PIN: 591904545428 Owner: THEDEN TIM F C/O WILLOW TEX LLC ATTN: LYNN STEVENS 501 PIEDMONT TRIAD WEST DR MOUNT AIRY NC 27030-9850 Physical Address: 501 MOUNTAIN VIEW LN Deed Reference: 427 674 Acres: 10.73 PIN: 591904546924 Owner: ROCK SOLID DIMENSIONAL STONE 613 LAKEMONT TRL PO BOX 63J1 MOUNT AIRY NC 27030-6311 Physical Address: 581 Mountain View Lanc Deed Reference: 1075 946 Acres: 5 Page 2 of 11 Amended Devclopment Conditions 1 Picdmont Triad West Industrial Park Mount Airy, North Carolina PIN: 591904541958 Owner: CENTRAL STATES MANUFACTURING CIO DARWIN NELSON 302 JANE PL LOWELL AR 72745-0000 Physical Address: 751 MOUNTAIN VIEW LN Deed Reference: 1311 548 Acres: 1O PIN: 591900554715 Owner: CK TECHNOLOGIES LLC 1701 MAGDA DR MONTPELIER OH 43543-9368 Physical Address: 710 MOUNTAIN VIEW LN Deed Reference: 1095 292 Acres: 30.19 WHEREAS, thc City of Mount Airy now desires to amend and does hereby amend thesc Development Conditions. By their signatures below, the undersigned hercby consent to the amendment of the Development Conditions set forth in this Amendment. These amended Devclopment Conditions are for the benefit of cach owner ofany portion of PTW, or any interest thercin, and shall inure to and pass with cach and every portion of said premises, and shall bind the respcctive successors in interest ofthe present owner thcreof. Thesc amended Devclopment Conditions are, and cach thercofis, imposed upon said premises and are to be construed as restrictive covenants running with the title to said premiscs and with each and every lot or parcel thercof to the same extent as contained in the original Development Conditions appearing in Record Book 1070, Page 932, Surry County Registry. NOW, THEREFORE, based upon a 2/3 majority vote ofthe property owners wilhin PTW approving this amendment, the Development Conditions appcaring in Record Book 1070,. Page 932, Surry County Registry are, therefore, amended as ofthe Effcctive Datc hcrcof as follows: I. A. Recitals. The forcgoing recitals are incorporated herein for all purposcs. Page3 of 11 Amended Development Conditions Picdmont Triad West Industrial Park Mount Airy, North Carolina B. Delction of Five (5) acre lot sizc for CU-MI Arcas. The Development Conditions currently provide that all development within the arcas of PTW designated as Conditional Usc MI ("CU-MI") shall consist of tracts five (5) acres or greater. This minimum lot size of: five (5). acres is hereby deleted. C. Amendment to makc thc minimum lot sizc Lwo (2) acres for CU-MI Arcas. Thc Development Conditions are hereby amended as follows: The minimum lot size shall be two (2) acres for all property to be developed within the areas designated as CU-M1. For purposes of calculating acreage, areas within any road right-of-way or public utility easements shall NOT be included. II. Binding Effect: Except as modified hercin, the original Development Conditions recorded in Rccord Book 1070, Page 932, Surry County Rcgistry, shall remain in full forcc and cffect. In the event of any conflict, this Amendment shall govern and prevail. III. Board of Commissioners Approval. The Mayor shall execute, on behalf of the City of Mount Airy, this Amendment as authorized by resolution of the Board ofCommissioners adopted al a duly called meeting of the City of Mount Airy, Remainder of page intentionally blank. The remaining pages are signature pages Page 4 of 11 Amended Development Conditions Picdmont Triad West Industrial Park Mount Airy, North Carolina WITNESS thc hand and seal of thc undersigned as of the later of the date set forth below. City of Mount Airy, a North Carolina municipal corporation The City ofMount Airy has caused this deed to be executed in its name by its Mayor and attested by its Clerk and its seal duly affixed thereto all by authority of the resolution heretofore set forth, the day and year first above writlen. CITY OF MOUNT AIRY BY: Sleypken Q.Lebols Mayor Pro Tempohe 00 E329 K Ahme 2 erke VElis LV NORTH CAROLINA SURRY COUNTY 1, Andrew Lyle the undersigned Notary Public ofsaid County and Statc, certify that EBORAH COCHRAN Bersosaify Shephen, speledt before me this day and acknowledged that she is the Mayor3r eCify afMount Airy, North Carolina, and that by authority duly given and as the act ofthe City of Mount Airy, North Carolina, the foregoing instrument was signed in its name by its Mayor, sealed with its seal, and attested by the City Clerk of thc City of Mount Airy. WITNESS my hand and scal, this the ghday of Mawy 2015. : Notary Public My commission expircs: Celober 342016 (Scal) 4 A PUBLIG C * COUNRI : a YA Page 5 of 11 Amended Development Conditions Piedmont Triad West Industrial Park Mount Airy, North Carolina WITNESS the hand and seal of the undersigned as ofthe date set forth below. RAINBOW RASCALS MOUNT AIRY III (SEAL) BY: Title: State of County of I, the undersigned notary, by authority invested in me by the above County and State, certify that personally came before me this day and acknowledged that he (or she) is of RAINBOW RASCALS MOUNT AIRY III, and that he/she, being authorized to do SO, executed the foregoing as the act and on behalf of said company. Witness my hand and official seal, this the day of 2015. (Official Seal) NOTARY PUBLIC My Commission Expires: Page 6 of 11 Amended Development Conditions Piedmont Triad West Industrial Park Mount Airy, North Carolina WITNESS the hand and seal of the undersigned to be effective as of the date set forth below. TWIN COUNTY ENERGY, INC., a Virginia Corporation (SEAL) BY: Title: State of County of I, the undersigned notary, by authority invested in me by the above County and State, certify that personally came before me this day and acknowledged that he (or she) is ofTwin County Energy, Inc., a Virginia corporation, and that he/she, being authorized to do sO, executed the as the act and on behalf of said company. Witness my hand and official seal, this the foregoing of 2015. day (Official Seal) NOTARY PUBLIC My Commission Expircs: Page 7 of 11 Amended Development Conditions Piedmont Triad West Industrial Park Mount Airy, North Carolina WITNESS the hand and seal ofthe undersighed to be effective as of the date set forth below. hss (SEAL) TIMI F. THEDEN Notaheb Surylmly State of Nodil County of I, the undersigned notary, by authority invested in me by the above Counly and State, that TIM F. THEDEN personally came before me this day and acknowledged the due execution certify of the foregoing and annexed instrument for the purposes therein Witness official seal, this the E r day of 1 2015. expressed. my hand and (Official Seal) NOTARY PUBLIC My C'ommission Expires: - Page 8 of 11 Amended Development Conditions Picdmont Triad West Industrial Park 0 Mount Airy, North Carolina WITNESS thc hand and scal ofthc undersigned lo be cffcctive as ofthc date sct forth below. RQCK SOLID DIMENSIONAL: STONE, INC., a North Carolina PWMEASIO e: corporation - r (SEAL) 6 AkTie Slate of North Carolina County of Surry County 1, the undersigned notary, by authority invested in me by thc above County and Statc, certify that DoVQIaS R. POYter this day and acknowledged that he (or shc) is personally came bcfore mc President of Rock Solid Dimensional Stone, Inc.. a North Carolina corporation, and that he/she, authorized do SO, cxccuted thc forcgoing as thc act and on bchalf ofs said corporation. Witness bcing hand to and official scal, this the lo day ofAnVoY 2015. my (Official Scal) Emwn Nvlle NOTARY PUBLIC My Commission Expircs: Nove mbey 9,20u6o - VENR ( NOTARY PUBLIG AY 3 HN COuNnS Page 9 of 11 Amended Development Conditions Piedmont Triad West Industrial Park Mount Airy, North Carolina WITNESS the hand and scal of the undersigned to be effective as of the date set forth below. CENTRAL STATES MANUFACTURING, INC., an Arkansas corporation authorized to do business and doing business in North Carolina (SEAL) BY: Title: State of County of 1, the undersigned notary, by authority invested in me by the above County and State, certify that this day and acknowledged that he (or she) is personally came before me of Central States Manufacturing, Inc., and that he/she, being authorized to do sO, exccuted the as the act and on behalf of said corporation. Witness my hand and official seal, this the foregoing day of 2015. (Official Seal) NOTARY PUBLIC My Commission Expires: Page 10 of 11 Amended Development Conditions Piedmont Triad West Industrial Park Mount Airy, North Carolina WITNESS the hand and seal oft the undersigned to be effective as of the date set forth below. CK TECHNOLOGIES, LLC (SEAL) BY: t5 Titlc: C2s P. State of OWic County of w: (LiAs I, the undersigned notary, by authority invested in me by the above County and State, that Lus Ck - ps certify this day and acknowledged that he (or she) is V.P. personally came before me ofCK TECHNOLOGIES. LLC., and that he/she, being authorized to do sO, executed the the act and on behalf of said company. Witness my hand and official seal, this the 29 foregoing as 2015. day of_ - La . NOTARY PUBLIC - ren y Expircs: 20-210 HI) Page 11 of 11 ORDINANCE NUMBER 2025-028 ORDINANCE AMENDING THE CITY OF MOUNT AIRY ZONING ORDINANCE Flex Space Facilities WHEREAS, the City of Mount Airy Planning staff has recommended amendments to the City of Mount Airy Zoning Ordinance relating to Flex Space Facilities: NOW, THEREFORE BE IT ORDAINED by the City of Mount Airy Board of Commissioners that the following Statement of Consistency is hereby adopted: Statement of Consisteney: "The proposed amendments are consistent with the Land Use and Growth Management recommendation of the Mount Airy Comprehensive Plan in that it calls for more inclusive intensity-based zoning districts to allow a variety of compatible land uses. The amendments are also reasonable and in the public's interest." BE IT FURTHER ORDAINED that the City of Mount Airy Zoning Ordinance be amended as follows: Article VI-Table of Permitted and Special Uses SR 44 Flex Space Facilities Flex space use shall comply with the following standards: A. Flex space uses shall meet the off-street parking requirement for this use type in Table 8.1.C.2, Minimum Off-Street Parking Requirements, not the individual types of uses within the flex space; B. The following activities shall not be included within a flex space use type: 1. Residential dwellings; 2. Religious institutions; 3. Adult-oriented businesses; 4. Restaurants or other eating establishments; 5. Bars, cocktail lounges, or private elubs; 6. Nightelubs or dance halls; OF 7. Heavy manufaeturing uses-and 8. Mini-storage or similar storage facility C. Outdoor storage or any business-related activity is permitted as an accessory use, subject to all applicable standards in this Ordinance; state and local laws, rules and regulations must be adhered to in the operation of such establishments. This includes regulations pertaining to advertisements and legality of products preseribed. D. Each land use operator and/or tenant must obtain a zoning permit from the City of Mount Airy Planning Department prior to occupation. Manufacturing and Industrial Uses USETYPES R-20 R-15 R-8 R-6 R-4 B-1 B-2 B-3 B-4 B-5 M-1 SR Electronics & electronic product X X Fabricated valve8 & wire] product X X Fat & oil, animal X Fat & oll, plant X X Fish, canned, cured or frozen X Flexs Spacel Fadlities X X 44 Flonr rvering! fexrent ramet) x Article VIII-Off Street Parking and Loading Flex Space Facilities 1 space per 500 square feet (entire building), subject to revision based upon specific tenant needs Article XV Section 15.4-Definitions Flex Space Facilities. Buildings designed to accommodate a combination of offices (e.g., service establishments and contractor's offices), wholesale establishments, warchwuainglatrhutim, industrial services, and light manufacturing uses, with the exact proportions of each use being subjeet to user needs over time. Uses are treated as principal uses and subject to the standards and limitations applicable to such uses e.g., parking, and are included in the total gross floor area if located on the same lot. BE IT FURTHER ORDAINED this ordinance shall become effective upon approval. Approved and adopted this the 15th day of May, 2025. Jon Cawley, Mayor ATTEST: Melissa N. Brame, City Clerk Memorandum To: Mayor, Board of Commissioners, City Manager, City Attorney From: Byron Brown, Planning Director Date: 5/8/2025 Subject: PTW Rezoning and Flex Space Amendments On May 8, 2025, the City Manager, Assistant City Manager, Planning Director, Planning Board Chair, and the President of Surry Economic Development Partnership met and unanimously approved to rezone the parcels located at 0 Piedmont Triad West Drive and amend the City's Zoning Ordinances relating to flex space requirements that were presented to the Board of Commissioners on May 1, 2025. Based upon discussion and with consultation of the Zoning Ordinance, the following conclusions are amended: 1. Consolidation of potential uses - the applicant proposes a facility that can accommodate a variety of land uses that are permitted in the M-1 zoning district. Having one set standard for the structure, makes upholding site preparation and improvement standards more efficient and consistent. 2. There are more than 200 uses that are permitted in the M-1 zoning district of which could potentially be located on this site. 3. The requirement to obtain appropriate zoning permits for new businesses is a standard practice for all businesses in the City of Mount Airy and most communities. a. One could apply for a permit either in-person or online. b. The Planning Department would approve zoning permits including change of use within seventy-two (72) hours upon submittal of a completed application. C. It is also an option for the owner of the property to submit on the businesses' behalf to expedite the process. 4. Staff will work with the applicant to identify a small number of "plug and go" land uses that would be ideal for this location. These uses would be used for marketing. Staff has also discussed an expedited review process for these identified uses. 5. Compliance Staff has met with other users/owners of similar operations to discuss the impacts of the proposed ordinance. All understand and agree with the requirement to have their tenants register with the City, if the ordinance is adopted. City of Mount Airy April 17, 2025 Board of Commissioners Meeting Staff Report To: Mayor & Board of Commissioners H CARDLF a From: Byron Brown - Planning Director Subject: 2025-ZTA-0001a (Text Amendment - Flex Space (Land Use)) A. ACTIONS REQUESTED BY BOARD OF COMMISSIONERS 1. Motion to adopt a statement approving the proposed zoning text amendment and describing its consistency with the plan; or 2. Motion to adopt a statement rejecting the proposed zoning text amendment and describing its consistency or inconsistency with the Comprehensive plan. B. REQUIRED VOTES TO PASS ACTIONS A majority vote is required to pass the requested actions. C. BACKGROUND This proposed text amendment seeks to address the trend of Flex Space facilities, which are buildings designed to accommodate multiple principle uses, that are adaptable to the user's needs, provides workspace for light manufacturing, office, and distribution type uses, amongst other uses. Unlike traditional warehouses, these facilities are intended for users of a variety ofo operations, and not just seen as storage and distribution facilities. Having a single use in which to classify these facilities allows for more efficient review and implementation of standards. The proposed text amendment would add this use to the Permitted Use Table, permitted in only the Manufacturing Zoning District (M1). The standards for parking and use-specific standards have also been included in this amendment. D. ATTACHMENTS 1, Article VIII, Off-Street Parking and Loading (existing and updated) 2. Article III, Application, General Provisions, Exceptions and Modifications (existing and updated) 2025-ZTA-0001A