We appreciate you being here tonight for the Thursday November 9th meeting of the Ashford City Council. We have a lengthy agenda tonight, some zoning cases. It may take a little while, so we'll try to move through as expeditiously as possible. Before I go much further, I want to congratulate the four council members that were reelected in the election on Tuesday. And that was the Snugs, Clark Bell, Linda Carter, and Walker and Offermer, and Pro Tem. Congratulations. I look forward to serving with you for four more years. Mr. Birx and this reading and Mr. Swerves, he got two years to get ready for the next one. So, thank you very much. My name was full of English. Scoopy Doo come up short of the gate. If you will, please stand and join me in a moment of silent meditation followed by the pledge of allegiance. And I would ask that during this moment of prayer, if you will, keep those near and dear to your heart, that me prayers in mind, but also I would ask that you pray for wisdom and guidance in the city's business for the council. Thank you. of America and to agree on it, we will extend the one nation under God, indivisible, with liberty and justice for all. Thank you. You will notice on the screens above the council table here the names scrolling through, have been scrolling through, of the city employees that are veterans and about 10% of our workforce, the veterans they coming up this weekend and I would also take a moment of privilege and say a blatant commercial here. The Chamber of Commerce and local rotary club, one of the local rotary clubs have partnered to do field of honor out at the Sam's South Ashburn Middle School. 700 large flags on display out there for the weekend. They were put up this afternoon. It is very impressive. It's lit up at night. There's no fee for a minute. And flags are available for $40 a piece to honor a loved one, a veteran, someone that made a difference in your life or in the life of those around you. So it is a fundraiser for the Chamber in the Rotary. But this is the second annual field of honor and I will tell you that it was one of the most impressive and moving things that this community seeing a long time. So 700 flags on display all weekend starting tonight and through Sunday afternoon opening ceremony tomorrow at noon and it goes in ceremony at 3.30 Sunday afternoon 3 o ceremony at 3.30 a Sunday afternoon. 3 o'clock? 3.30. One or the other, sorry. So if you get a chance to go by and check that out, it's well worth it. Council the consent agenda is fairly short and direct tonight, I'll entertain a motion to approve unless someone has an item they'd like to remove. Mayor, I move approve the consent agenda as presented. I have a motion by Mr. Burke. May I have a second? Second. Second, Ms. Carter. Any discussion? All in favor say aye. Aye. All opposed. Motion carries. Thank you very much. Item four on your agenda. Mr. Nuddle, 4A is a request for approval to schedule for December 7th and to advertise public hearings pertaining to the following cases. A subsection, I, as an application to his own property located at 3367 Zoo Parkway. Mr. Noodle. Thank you, Mayor. We do have several submitted applications for land use review for next month. They are identified in the packet. We would ask the council to again consider holding this, that meeting in December, appeared public works to accommodate what may be a big and celebratory crowd for the recent elected members. Would you like to do all the subsections under a one motion? Yes sir. Okay, thank you. All right. You want to explain this to us each one? Mark, do you make this for just a- This just authorizes us to have a consistent. All right. I'll entertain a motion to approve the scavenger for the next meeting and have the meeting here for a two, a three, and four. One, two, three, four. We're going to be rescuing on the bridge and the main bridge. This will affect you as well as future actions. I have a second. Second Mr. Swayres. In discussion. All the papers say aye. All posed. Thank you motion carries. All right. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. located north of Pineview, east of Pineview, and western North of southern railroad. I will open the public hearing. Mr. Gollum. Thank you, Mayor. Before we get started, I'll let the audience know if you are planning to speak this evening. There is a law book up at the podium. If you would clearly print your name by the agenda item you're speaking on, that'll allow the city clerk to accurately spell your name for the minutes. As you said, Mayor, this is a quasi-judicial hearing. Test of money provided with this case doesn't need to be under oath. It would be an appropriate time for myself and others who know that they are planning to speak on the special use permit a request to take the oath. Just for the record, that you're not precluded from speaking. If you so choose later in the hearing you'll just need to Take the oath as well So this is a special use permit hearing requests for what's known as a special Non-residential residential intensity allocation for additional built upon area within a water supply watershed The applicant on this request is the property owner set with holdings LLC. Again we're looking at property and I'll show some maps here in a few moments. North of Findery Road and West of the Northwark Southern oil line. There are four Randolph County parcel ID numbers that are involved in this hearing. Total acreage under review is 30.6 roughly acres. Currently, their properties undeveloped, formerly there were athletic fields that were used by the former industry. So just for some background on the request, the property is within the back creek Lake Lucas watershed, the balance of that watershed area. If you were to look at the watershed rules in the city, there are two designations for watershed areas. This property falls within what's known as the balance of the watershed, which is a non-critical area of our water supply watershed, meaning in essence, it's far from further than the critical area to the surface water of the reservoir. Normally within the watershed areas, there is a limit of built upon area of 12% for non-residential uses. The ordinance allows a special use permit to be requested which would allow on a case-by-case basis a built upon area of up to 70%. So the request this evening is for manufacturing processing and assembly use that would request to have that additional built upon area allocation of up to 70% roughly. The plan I'll hand out here in a moment shows a built upon area of roughly 67%. So in the city's watershed areas, there's a limit on how much allocation we can grant to profit with that 70%. And roughly the city has, it's been several years since the city has reviewed one of these requests and provided this allocation. We have about 205 acres remaining within the Back Creek watershed that we can designate for for this 70% allocation. That's 10% or a loud to 10% of the total watershed area. And so this would take us down a little bit below that 200. The general watershed requirement so it's important to note that are within the ordinance are unmodified with this request. There's still stream buffer requirements and storm water requirements and hazardous material storage requirements that are applicable even with this allocation. Again, all we're talking about is permission to put more impervious surface down on this property. I do also want to point out that along with especially use permit request there is a request to obtain what's known as a zoning vested right for a term of up to five years. And a vested right, pursuing to General Statute 168385.1, allows you to undertake and complete the development and use of property under the terms and conditions of an approved site-specific development plan. So if this request is approved this evening and the city in three years changes its rules and it's and that would affect how this property would be developed if this vested right is granted essentially that approval if it's given tonight is locked in for a term of five years. So that is the second part of what's being requested tonight is to allow a term of five years in essence for that approval that you would be that you're considering. The council has the authority under the statute to grant this right after considering the size of the development, the level of investment that's proposed, the need for or desirability of the development, economic cycles and market conditions. Now, when you turn to the ordinance and look at the specific criteria for this non-residential intensity allocation provision, there are five standards that need to be considered by the council to grant this request. Number one, projects must minimize built upon surface area. By not, you know, putting down surface it doesn't otherwise need. Projects must direct storm water away from surface waters. Projects must incorporate best management practices to minimize water quality impacts. Projects must be connected to city of Ashboro Water and sewer. Project must provide a positive economic benefit to the community. So those are the criteria under the special use permit provision that are to be considered for this special allocation. I'll give you a look at. As you're passing the site plans down, I'll give an overview of some of our standard maps that are including your packet. The first is that General Overview Map showing zoning within the area of the subject property, which is outlined in red. You can see in your packet up on the screen here, quite a bit of industrial zoning within the area, all the way over to North Fable Street to the east. And even to the south of the property we have industrial i3 zoning. The property under review this evening is zoned i2 which is a general industrial district. We zoom in a little closer, get a better idea of specifics of this round of zoning again, entirely surrounded by industrial zoning. You can see some residential zoning on the southeast to Pine B Road as you move away from the property in that direction, but largely an industrial sector for the city. This is a map that shows topography utilities as well as the extent of the watershed that this property is within. The back tree watershed stops essentially at this property and the rail lines the high point. So this property in everything west drains to like Lucas. But again, it is on the very edge of the water supply watershed. This is an arrow map of the property giving you an idea of the boundaries of the plan that is in front of you. I do want to mention the airport overlay, which is an overlay district of the city, and forces to protect public safety in regards to Ashbur Regional Airport. This property, if you look quickly at our airport overlay map, it would appear to be within the airport overlay. But it is, in fact, so far away from the runway that the elevation that's proposed for the highest structure for this plan, which is 105 foot silo, that structure is in fact not within the restricted area for the airport overlay. So we did want to get that on the record that that has been confirmed with city engineer Michael Landard. This property is not subject to the airport overlay regulations due to the distance from the runway and the proposed height of the high structure. Just to quickly point out some of the highlights of this site plan here, the first is that this property will ultimately be served by the extension of Commerce Place, which is a DOT funded and designed project. And so the DOT is currently in the process of putting that design together, and very soon we would expect to see some work in terms of putting that design together and very soon we would expect to see some work in terms of getting that commerce place connection to Pineview and ultimately it will go all the way to Taylor Drive and provide a connection for that industrial sector on the east side of the railroad track. This project also contemplates a future rail bird to serve an additional phase of this project. The bowl would area that's up on the site plan is what would be built in the first phase of the project. But they have given us an idea of a total build out of the project and what that built upon area is planned to be, which puts it at 66.6% roughly, which is, obviously, under the 70% cap that we're authorized to grant. That built upon area includes a future of Rails Burr and all the impervious area that this project at this time plans to put down. Our building elevations for this first phase that were provided, this shows an overall building height of 65 feet, the higher silos that will be or plan to be constructed are in a future phase with a project. As we always do, we just have a few photos of the area. This is looking north from Pineview Road, north towards the subject property. This is looking southeast from the access drive that will ultimately serve the property as commerce place extension towards the subject property. This is a view looking east on Pineview Road. As you know, with special use permits, your decision is based on evidence you hear this evening, so we do not make recommendations. But we do report to you that the application and site plan that we reviewed is compliant with the city's zoning ordinance requirements and other city policies. We do propose two conditions should you approve the permit this evening. So evening, the first, and these are abbreviated, they're spelled out more in the staff report. But the first, in essence, says that land use activities that don't require a special use permit review are not, shall not be considered a modification of the request. And the goal of that permit condition is that if some of the building layout or orientation changes to some degree as they build out this project and they would otherwise be able to do that and they are under the built upon area allowance that you grant this evening. We propose a condition that will give them the flexibility to make those modifications as they build this project out with having to come back to the council for a re-review. And that would be provided they're not increasing that built upon area that they are requesting. So that covers condition A that's proposed. Condition B requests a revised site plan to staff providing the vested right notice in term if you grant that this evening. So under the ordinance, the site plan that we ultimately approved needs to have the notice of the vested right approval as well as the term of that vested right. So that is what is granted as well as even we would just ask that that site plan be updated to reflect that approval. These are the four findings of fact for the applicant to provide testimony on. I'll be happy to answer any questions. the money on. I'll be happy to answer any questions. The question is, is the price of the price, the price of the investment right, is it five years or nothing in the region, is that including price of the same price, is it four years? Well, there is a, there is a, the statute allows you to go up to five years, and that is what they are requesting this evening Okay Before going further those are outstanding at the back there are seats down here mr. Armstrong you want come down sit Anybody mr. Pemerton come on down there seats down front there's adequate seating for everybody if you want to sit come on down nobody has to stand up tonight okay the public hearing has been open then I will ask that anybody here to speak for the application on behalf of the applicant who speaks first. Come on up. And you will need to sign the book. Print your name in the book. Yes sir. Thank you. Chavra could we move this back to your site? Thank you. I'm going to be safe. Thank you. Good evening. As I think most of you all know my name is Catherine Ross. I'm with Parker Pilates and Bernstein and I'm here on behalf of Fiber Text Personal Care which is the entity that is under contract to purchase the property currently and by Setwick. I do have with me this evening and you will hear from them. Excuse me. Brian Crutchfield, who is with Sam at Confection, and Sam at is the agent under the application for Setwick holdings. And also with me is Chris Lowe from Sam at Construction, who is the agent under the application for that week. I'm Brian Cretchfield who is with tenons in engineering who will be your expert civil engineer witness. First of all I want to say a huge thank you to Trevor. I'm telling you things you already know and that is you have a wonderful staff. Trevor and John were great to work with, mostly with these gentlemen a little bit with me as we put together this application and the site plan that is before you. We're going to try to keep tonight very brief and I'm not going to repeat everything Trevor said. Again, he gave you a great presentation of the project. But to that end, I did want to speak to your question first about vested rights before we go into testimony if I may. Your ordinance provides that notwithstanding certain provisions, the City Council may provide rights she'll be vested for a period exceeding two years. That's kind of the statutory minimum. If the site plan was approved without this condition, it would be a general two-year term for vested rights. But not exceeding five years. We're warranted in light of all the relevant circumstances and Trevor gave you that standard under the law. We are here asking for vested rights for five years. As many of you all know, because we were before you before an economic incentive package for this development, there are a lot of phases. It's a long process. Fibertext intends to be a part of the community for a long time. That build out process is going to exceed over five years. The maximum we can get, a vested rights is five years. And we think in light of the investment, in light of the phasing, in light of the significant construction timeframe that is undertaken for this project, that the maximum vested rights of five years is certainly appropriate and we ask the council to adopt or approve the special use permit with the condition that has provided by the staff on that point. Be happy to answer any other questions while we're on the subject of vested rights if you would like or be happy to move into testimony. So I should be quiet now. That's what I take from that. So the council has before it the site layout that was provided with the application. And I was telling Dan Ellingson from Fibertex who is here that I have never had a staff member in an SUP hearing hand out full size site plans. They usually make you look at the tiny little ones. So I brought my own, but I'm not going to hand them to you because you have them. Mr. Crutchfield will be our first witness and will provide evidence on the findings of public health and safety as well as on compliance with the city ordinances and be able to address any of your engineering questions. As you can see, Tim and his group is the entity that developed the site plan in conversation with Fibertex. Good evening, I'm Brian Crutchfield. I'm a registered professional engineer in the state of North Carolina. I'm with Tim and his group here on behalf of the applicant. I'm trevided a good job of explaining kind of what we're applying for, so I won't rehash all that. But I'll just state for the record that it's my professional opinion that the plan as submitted will not materially, materially endanger the public health or safety. The proposed use meets all required conditions and specifications of the Ashburr zoning ordinance. And this project has been designed with stormwater control devices that will direct stormwater away from surface waters as well as minimize water quality impacts through the use of stream buffers, stormwater management ponds, typical things you would see in an engineered site plan. I'm here to answer questions. Any technical questions you may have about the layout or about the testimony and I'll be available for those. Do you want to take questions per witness or at the end? We're generally accustomed to just asking when it hits us. Great. It hasn't hit me once, so we'll keep rolling on. Obviously, we're good. Would you like some? No, thank you. But I appreciate the offer, Mr. Le. Good evening. My name is Chris Lo. I'm a licensed commercial real estate broker with Sam at Properties, have been in the profession for approximately about 12 years with the focus on industrial One more licensed commercial real estate broker with Sam at properties have been in the profession for probably about 12 years with the focus on industrial distribution warehouse manufacturing sites. And it is of my opinion that this project is a perfect fit for this site. It will not do anything to jeopardize the value of any of the surrounding properties. As you could see from the area, I think it was put up earlier and you all are well aware that that area has a focus on industrial kind of warehouse distribution and some light manufacturing. So I am here to answer any questions that you may have. So I will be available whenever that questions arise. So thank you very much. Everybody, question. Thank you. Mr. Mayor, the applicant would request that the application that was submitted by Sam at as the agent for Satwick is including the site plan, the layout is entered into evidence this evening. And we would put forward to you that the evidence presented both in written form and by the testimony of Mr. Crutchfield as a licensed professional engineer and Mr. Low as a real estate license real estate broker with familiarity of this area provides the council with competent material and substantial evidence to make the four findings that are required for this special use permit application and would request that those findings be made in the affirmative and that the application be approved subject to the conditions that are on page two of the staff report which we've also discussed and with that the applicant would rest its case subject to questions from the council. Yes sir. Is there any in there with the party with the committee? Absolutely yes sir. Question from Trevor. I believe on the, this procedure periodostica it has been a long time since we dealt with the watershed density requirement is that a separate step prior to addressing the issue-based since it's a condition of the issue-based or is it all inclusive? We have to make that density allocation somehow somewhere. The permit request is for the density allocation. And so the standards in terms of being economic development connected to city water and sewer are the requirements in addition to those four findings that you've heard testimony on. But the permit is specifically for that allocation. And by else. Okay, is anyone else? Well, is anyone else that would like to speak for the request? Mr. Everett? You'll have to be sworn. Step over there and affirm or swear. Clark. You'll have to be sworn. Step over there and affirm or swear. Clark. And you'll need to print your name in the book, please. My question of concern with the telephone is would it interfere with communication? What I mean, sir? We're not talking about a soul with one. I'm sorry, I thought so. That comes up in a few minutes. We'll give you the time. Oh, okay. Is anyone in the room that would like to address this request? Four or against? That makes it easy. Okay. Oh. We moved to the delivery phase and I will ask the council what do your desires? Mayor, I think the applicant has to satisfy the four forecast and the minimal food the draft division that Okay. We'll go on the motion. Yes sir. Okay. I have a motion from Mr. Bell to have a second. Second. Mr. Birx. Any discussion? I'll add the underneath for the watershed justification. I can't imagine they more positive than the communities. Any other comments? Discussion? All the favour say aye. Aye. Opposed? Motion carries. Thank you. All opposed motion carries Thank you Well done, thank you very much Say next week All right, I don't know. 4C is a legislative hearing on case, RZ17-11, application to his own property located at 364 and 384, and see how it went 42 North from any bench that to your residential and the market until you to be to general commercial. Mr. Noto. Thank you, Mayor. This is our only land use case this evening that is a legislative request before you. So there is no need for testimony under oath for this general rezoning request. This is RZ1711 a request to resume as the mayor said from R10 and Merckentiel to General Business B2 for property on highway 42 North. The applicant on this request is the property owner, LN, investment, LLC. Again the request is to take the property into a B2 general commercial district. There are three Randolph County pins associated with this request just over one acre in size. We have two single family dwellings and an undeveloped parcel currently as land uses on these properties. We look at surrounding land uses as I'll show you in a moment. We have single family residential from the north, commercial to the east, health services to the west, and the YMCA is to the south, as you'll see. This is a general overview of the larger area, subject to the request as parcels are outlined in red. You'll see that this is in a kind of a donut hole of extraterritorial planjures, jurisdiction surrounded by city limits, which is the beige color up on the map. So this property is not within the city limits currently, but is within our planning jurisdiction. We'll zoom in a little closer. You can see the zoning pattern for the area, which is residential as you move north away from the property and commercial as you move south and east and office institutional as you move northwest. But immediately to the east you'll see B2 general business zoning and immediately to the west office and institutional zoning. This is a typographic map of the area. Subject courses, again outlined in red. You can see the location of city services, property, I believe is currently served by water. There is not sewer to the property, but of course that could be extended and provided for swanning to city's policies and annexation of the property. And this is an area that shows the location of those two dwellings and in between those two dwellings on the property is that undeveloped parcel. You can see the track, the open fields for the YMCA directly to the south of the properties. the area directly to the south of the properties. This is the dwelling on 364 NC Highway 42 North. This is 384 NC Highway 42 North. This is the undeveloped parts of between those two dwellings. This is a view looking northwest on Highway 42 North. Excuse me. And a view looking southeast on Highway 42 North. Quickly turning to the staff's analysis on this request. I didn't mention it's outside the city, but city services would be available with annexation and compliance with city policies for extension of that sewer. Highway 42 North is a state maintained boulevard at per the city's adopted comprehensive transportation plan. It's very important to note as a part of this request that there are pending road improvements that are funded and scheduled for 2020 that include the addition of a center turn lane on Highway 42, installation of Kerbermgutter, and as well as sidewalks to extend where those sidewalks stop towards the intersection with the 60 drive, Northwest along Highway 42 and this property will benefit from those improvements that the state is making. Look at the general description of the detutes, intended to serve retail and service needs of the motoring public on non-local residential streets. Again, this is a state route, a boulevard classification. I do, as we always point out, when we create potential non-conformities with the zoning action, the two single family dwellings that are on the property would become legal non-conforming should the request to be to be approved, which means they can continue to be used residentially, but there would be limitations on expanding or adding on to those existing dwellings if the property was out commercial. Looking at the land development plan for guidance, this is a commercial designation in your proposed land use map. It's a adjacent developed area, meaning it's very close to existing city services and should be given priority for development and annexation. We find that there's five land development goals and policies that we believe supported of the requests they are identified in your packet. Two, we believe tend to be negative towards the application to rezone. Overall, we think the LDP designation for properties of commercial use obviously is a key component of support for this request. The gross strategies map designation as adjacent developed, you know, right for investment and new development with close proximity to our services. There's another component in favor. But knowledge is proposed improvements to Highway 42, which is going to, would alleviate traffic congestion concerns we would have with the general B2 there. There are other B2 properties on 42 in the vicinity and there are no limiting environmental factors that we believe should include approval this request. So in light of all those considerations, staff made a recommendation for approval to the planning board at its meeting last month and the planning board concurred with our analysis and reasoning provided and adopted the consistency statement we provided. So before you this evening as consideration of the staff provided consistency statement as well as the rezoning request. Thank you Mayor. Any questions? I'm sorry the center turn lane will be installed on the length of highway 42 to Salisbury Street Yeah, all right, they're right the planes that we've seen it's yes, sir All right, right, right. The planes that we've seen, yes sir. They are actually the biggest part of their redesign. Yes, they've been working on that. Rejoice for a reuse. Right. It's a good point. There are, there is a component of improvements to Dublin, road and Dublin square road to improve safety at those two intersections as a part of this widening project. That I don't know, we can ask the applicant. Any other questions? Okay. You will not need to be sworn for this. Anyone in the room that would like to speak for this application. Is anyone in the room representing the applicant? Yes, Mayor, the property owner is represented. Okay. Anyone that would like to speak against this application? Okay, move right along. We'll move on into the deliberation. Councilor, are you wishes? Mayor, I move your approval. I have a motion to approve, Mr. Bell. Do we have a second? Second. Mr. Carter, any discussion? Oh, it's nice to expand the city limits potentially. We appreciate that opportunity. We can disclose one, don't we? That's right. We got a few more. Any other discussion? Comments? Okay, all in favor say aye. All opposed? Motion carries. Thank you very much. And I will for for D I will open the cause of judicial hearing on case RZ CUP 17-12 an application to his own property located in 1930 and 1940 Goldhill Road and to see you are 40 and if you're asking for a condition used permit authorizing a solar farm. Mr. Everett, this is your solar farm case so you will have an opportunity just a minute. Thank you Mayor. Now would be the appropriate time for anybody known they would like to speak to take the oath. All right. You will need to be sworn in for this testimony. So Mr. Erick, you will need to, well, you're sworn in for another case. Step up and do it again. We get a phone, so you don't have to worry about the first. Because it's usually swarmed to another gate. Yeah, I'm okay with that. I'm okay with that. That is it. I'll see what I make for this. Mr. Mayor, this is the first of two solar-form, especially use permit requests this evening. This is RZCUP 17-12 for property on Goldhill Road that is requesting this special use permit for the solar farm. The applicant on this request is Tannager Holdings. Again, we're looking at 1930 and 1940 Goldhill Road. There is a rezoning component of this request to take the property from R10, medium density residential to conditional use R40, which is a low density residential district, and the only district that we permit a solar farm, at least in our residential district. So to be able to pursue a solar form development, you have to be within the R-40 district and you also have to obtain a special use permit, which is what's being requested this evening. There is one parcel number, a portion of a parcel number and I'll point that out in a moment that is a party of this request. The size of the property within the city's zoning jurisdiction is just over seven acres. The size of the property within the cities, Juris' zoning jurisdiction is just over seven acres. The bulk of the property, as you'll see in a moment, of 38.99, 39 acres is within Randolph County's zoning jurisdiction. There is a single family land use currently on the property. If you look at the big picture, zone map up on the screen, you can see the area outlined in red is not the entirety of the parcel, but it is the portion of that parcel that is within the city limits and subject to city zoning authority. The remainder of the property moves east and as with the Randolph County zoning jurisdiction. Taking a look at surrounding land uses, we have medium residential to the north with some lower density residential east. We see low density residential and agricultural uses out in the county to the south, consistent with what else is around is some lower density residential and then low and medium residential land uses to the west. We look a little closer, you can see A1 and A2 are the pin number identified on the report. But again, A1 is that only portion of the property that's within the city's zoning jurisdiction and subject to review this evening. Before I go any further, I will distribute the site plan that the applicant has submitted for this request. We'll continue to go through the staff maps. Turn to type of graphic map because you have the layout of the layout of the property, which is obviously important for a solar farm use. You can see the elevation changes on the property. And it will become apparent where the best places a solar farm use, but we do have city services available and Goldhill Road that serve, that's the property there. This is an aerial of the subject parcel, again the area bounded by red is what we're looking at. That area on the site plan that is corresponds to the red box up on the screen, should be a little bolder, more bold on the plan. And that's really what you want to pay, particular attention to. The project is going through a parallel process with Randolph County. And so they will also be looking at these zoning requirements for this use as well. But our hearing is scheduled first. A few things I have up on the screen, what you all have in front of you. Just a few things I'll point out, probably one of the most pertinent for compatibility is the provision for the 50-foot landscaping screen that is along the frontage and adjacent to residential properties along the perimeter of the property. So that's how I'm in green up on the screen. You can see kind of roughly noted where the city county boundary is up on the map. And we'll point out that as construction for the solar farm occurs there will be the construction staging to the north of the property and then after that is built that will be is compliant with our zoning ordinance provisions. We do at the end of the staff report propose some staff conditions to ensure continued compliance with those requirements. Turn to photos of the property. This is a look from the Goldhill Road at the subject property. Again, subject property, existing residents. This is looking across Goldhill Road away from the subject property on the transmission line to a subject station that is in close proximity. And this is looking north on Goldhill Road from the subject property and a view south on Goldhill Road from the subject property. So real brief analysis, again properties frontages in the city limits but the majority of the property is zoned by Randolph County and they are going through the review process with the county. Goldhill Road is state maintained, it is designated as a minor thoroughfare. And the requested conditional use permit would authorize the solar form and permit the existing single family residential use. Just a definition of the farm within your ordinance is a facility producing solar energy for retail wholesale, sale of generated electricity. Briefly, LDP recommendations, we have a neighborhood residential designation for this property, which is consistent with the current R10 designation of the property. Growth strategy map it is within city limits and services are available. It's therefore a primary growth area. Four goals we believe tend to be supportive of the request to tend to be supportive of the request to tend to be negative, which include one related to the future land use map, which is calling for a higher density residential district than what is proposed with the CUR 40. But again, that is the only district that is available for a solar farm use. that is available for a solar form use. We do have some consistency, a rationale for consistency provided, acknowledging that the conditional use process can ensure development is compatible with surrounding uses and the neighborhood residential designation. We will point out that many area properties in fact have a lower residential density then, than is permitted by the current R10, so it's not a typical for an R40 request in terms of what you have on the ground with density. And formally, the area that's within Randolph County's jurisdiction was R40 before this city relinquished extraterritorial jurisdiction to Randolph County. So that entirety of this property before 2013 was within our jurisdiction in the bulk of it was owned R40. So in light of that analysis, we do recommend approval of this request. We presented this report to the planning board last month. They concurred with both the consistency rationale and the recommendation. Again, we don't make recommendations on the corresponding condition. We use permit but the rezoning component comes to you with a favorable request. I'll briefly just touch on these conditions that we believe would be necessary for to ensure compliance with the zoning ordinance. The first is A, main use activity is not required. CUP, SEP, permitting may be reviewed by staff with the exception of manufactured rubble home. So we don't want to get in the situation where perhaps the existing property owner wants to add an exponential accessory building to the property. And without this condition, we could be limiting flexibility to do an accessory residential use for the existing dwelling out there. This essentially says you can, if it's permitted in the residential district, that our 40 residential district can be approved by staff, except for the location of manufacturer or mobile homes on the property. Additional ordinance compliant outdoor lighting should not be a modification of the permit where they are not proposing any lighting at this time. But again, if they do propose some of the future date and it complies with the ordinance we'd like the ability to approve that at the staff level instead of coming back. The screen D required along the southern boundary and existing vegetation may count towards meeting the requirements. There are some areas where there may be some existing vegetation that can satisfy the screening requirements. We want to acknowledge that, but in areas where it's deficient, we do want to point out that an installation of a screen D will be required. We did not have the driveway permit and rose control approval from the state at present time. I know that is in the works and we're just asking that that would be submitted before we issue a zoning permit. And finally, we asked that the standard member of land use restrictions be recorded by the applicant. That concludes my presentation, Mayor. Questions? Okay. Oh. Anyone in the audience would like to speak to this application. Thank you, Mr. Mayor and members of Council. My name is Brian Bedner. I'm the founder and owner of Bird's Eye Renewable Energy. We're based in Charlotte, North Carolina. We are a Greenfield solar developer that has been in business since 2009. We have to date completed 39 projects, mostly across the state of North Carolina, dating back to 2010, totaling 420 megawatts of solar generation and about 2500 acres of projects. My goal for today would be to introduce you to our project. Tell you a little bit about the attributes of it as a solar farm. I would like to acknowledge a couple of guests. One is Pooja Revindran, is a project manager from Burziz. She's been working closely with your staff and they've done a great job both coordinating with us on the city, component of this project but also putting together a good process so that we can work seamlessly with county as well. So I think that's worked very well. I'd also like to acknowledge the representatives of the landlord, Mr. and Mrs. Jerry Milliken sitting in the front row. Mr. Milliken's mother is the officially the landlord. Mr. and Mrs. Jerry Milliken sitting in the front row. Mr. Milliken's mother is the officially the landlord. Mr. and Mrs. Milliken live on the adjacent parcel. Same side of the road is our proposed project. And the home that was shown in the picture is actually a home that they own as well. Quickly, I'll give you just a quick snapshot about what sort of drew us to this site. Because I think it's always nice to know why we are. As you're probably aware, given the amount of solar that's gone in North Carolina and recent years in the applications you're seeing, the General Assembly back in the mid to late 2000s put in a bill known as Senate Bill 3 to encourage solar development. And it sort of kickstarted the industry here in North Carolina. There was a component for a solar tax credit. That was a state tax credit, which has subsequently sunset. There was also some incentives for the encouragement to the utilities to generate an increasing amount of their energy from renewable resources of which one is solar. We were one of the earliest companies to get involved in that dating back to 2009 and developing projects. Our first project was in Lourenburg, North Carolina of 74. The reason this project was of interest to us, we work with Duke Energy. We develop projects, we don't own them long term us. We work with Duke Energy. We develop projects. We don't own them long term, but we work with investors. So for instance, in 2016, we sold and collaborated with Duke Energy itself on two large projects, one being a 420 acre project in Union County, near Monroe, and another 120 acre project in Moxville near just south of Winston-Salem, not too far from here in Davie County. This site was attractive for us for two reasons. One and probably the primary reason was its proximity to the substation. As Mr. Nuddle showed in his pictures, running through our site is a high voltagevoltage transmission line that serves a Substation across the street from our property so for developing a project like this is Advantages to have proximity to a substation so that was one of the reasons here the other was that we had a site that Generally you think of solar sites is being perfectly flat But in this particular case, a site that falls away from the road. There's a little bit of a rise, and then it drops away. So from a harmony point of view, it gave us a lot of flexibility to sort of put the solar farm away from many of the residents. So are some residents that will see it in an effort to make certain that we were open to ideas that they might have to make it a better neighbor for them. We had a voluntary community meeting on September the 27th in the community room at Ashboro's library. We had a nice attendance. We had six of the neighbors attend. Spent about an hour and a half walking through our site plans and coming up with a couple of enhancements. One was that we have voluntarily incorporated a berm along Goldhill Road as well. So in addition to doing the required plantings, because there is a slight rise on the topography right near the road, we voluntarily have agreed to put in a berm. It's a good way to sort of, you know, deemphasize the change of use. In addition, especially down in the south east corner of the site, there was, there's generally dense vegetation all along that side of the property. But in that one corner, there just a less or amount of vegetation. So again, we're putting in a beefed up buffer there to make certain that we minimize the impact. I want to run through a couple things you probably are familiar with, but I think for the purposes of this hearing it would be useful to just make certain that we address. The technology that we're using on this project is crystalline photovoltaics. So that's a fancy way to say a standard solar panel that you would normally see. So it's the same technology that's been on everyone's calculator for years, the same one that you see on residences and sort of on most of the projects that you see around the state of North Carolina these days. This will be a fixed tilt array, so that means that the panels themselves will be stationary, facing south. They will run with the topography, so we're not expecting any intensive grading, minor grading a few points just to put in place flat spaces for us to put our equipment. But in general, we will go through a full permitting process to ensure that we have met all of the requirements for DWQ and Division Department, I don't want to say Deener, but essentially Department of Environmental Quality. Make sure that we meet all the standards. We will work with, we are going to work with NC DOT to make sure that all of our appropriate permits are in place for driveway access. And then of course, we'll work with, we're working with Duke Energy. We have an interconnection agreement in hand to connect the project according to the specifications they've asked to make certain that this project operates properly. We, in addition to that, have gone through the process of going through the North Carolina Utility Commission to obtain something called a certificate of public convenience and necessity. And what that is is when we propose a project like this, we submit an application to the North Carolina Utility Commission, they then put forth a request to all the agencies in the state through what they call their clearinghouse to ensure that there are no archaeological issues that we might want to be considered when we do a project like this. We've also gone through and screened for wetlands and endangered species to ensure that this is, you know, we haven't Disturbed anything that might be of a historic value to Randolph County or the city Additionally that we will be fencing the project so there will be a fence primarily for security You know will keep someone that you know doesn't need to be on the site away from the site. In general, though, solar arrays are completely, there's no exposed wiring to the point where there's, you have to be up to no good in order to have harm. The array itself will create no odor. Once it's constructed, there will be very minimal traffic coming in and off of Goldhill Road. Essentially, it will sit there quietly and be maintained periodically with routine maintenance. The gentleman here had asked some questions about telecommunications. I haven't had that question specifically, but I can give you some, so I'm not an expert on telecommunications, but I can respond it this way. I'll give you some, so I'm not an expert on telecommunications, but I can respond this way. There are several means that we can use. All of these systems these days are very smart, as most things in our lives are. So we have real-time communication with the facility. There will not be someone sitting on site watching the equipment. It will sit there and operate remotely and has alarms that will notify the owner of the project if there's a problem of any kind. There's several different ways that you can have that communication happen. The most common way I would say would be using fiber optic or telephone lines like you might expect. Secondly though, their cellular communication is often used when you're in remote areas where you may not have adequate telecommunications infrastructure. And in some cases, we also use microwaves. The array itself, to best of my knowledge, does not emit anything that would potentially disturb telecommunications, cell coverage, et cetera. And if you think about it, a lot of times solar arrays are placed on people's homes, on their businesses, at airports. That's very common. And I think that I'm not aware of any issue that I've run across anywhere, that where that might have been a permanent problem. In addition to that, we've worked closely with your zoning department. We are in full support of the conditions that the staff had put together. Worked with them closely. We had also coordinated with the county to make sure there was a seamless process. We chose to do this in a sequential way. So we started in parallel and made sense that we would first work with the city and then work with the county. And I think and we from everything that we understand we're in full compliance with the R 40 zoning designation and we're guided that that was the best way to make this project fit within your district. In addition to that, we have, we believe it's a very harmonious use for this site for a couple reasons. One is its proximity to the substation and existing electrical infrastructure. Additionally, the fact that we have incorporated additional buffering, there's already existing mature trees along the southern boundary of the property. Mr. Milliken's property does extend to the north of where we're planning on constructing the project. But there is a transmission corridor there where there are existing transmission lines passing. So there will be the additional buffer along that side where there will be a distance where I believe it should have looked this up. I think it's 100 foot right away. So that will be a gap from the array, then you'll have the, and in the midst of that, you'll have the transmission lines. Our intent is to have it as, you know, blend in as seamlessly as possible. It is not the same as it is, it's going to change, but we think it's going to be a minimal impact. The array itself will be about 8 feet to 9 feet tall at the tallest panel. There will be some telephone or electrical poles constructed close to the road where we will be connecting everything in. Everything is underground, wiring wise, and then we'll come out of the ground to go above ground and then connect into the existing Duke infrastructure. The other thing that we did, just an extra caution is there is a little bit of noise and humming that comes from the transformers and inverters that are the key component to convert the electricity from direct current to alternate current. So we have put us a building envelope set back off of the property line to ensure that they're not constructed and any were close to the property line. Lastly, again, I think once the project, there will be some construction traffic. We've created a lay down yard that is going to be to the north of the transmission right away that passes in the property. That's a temporary construction area so that we can have effective place to spread out equipment. The build time should be somewhere in the neighborhood of three to four months maximum. And then once that is there done, there will be minimal traffic, again no on site folks in place. If you pardon me for a second, let me just make sure that I've hit the, and I'm open to questions if you have any about either the telecommunications question that came up or any other that might be, might be thinking. I will point out we also have been working with the local fire department on this because that's always a question. We don't really, you know, this is relatively new technology. I mean, I think in North Carolina, there's 350 or more of these now in place. But in general, you know, it's always a worthwhile conversation to have. And we have worked with the Fire Department about what is the appropriate requirements that should be put on place, put in place work with the Fire Marshal and we have resolved that and have gotten comfortable with, they've gotten comfortable with the site plan is presented. I think I've covered what I wanted to cover. I'd be happy to answer questions that you might have about, we will be the power it will be sold to Duke Energy. I should always always like to give folks a little sense of what the business is here. What we do is we develop these projects. We have a group of investors. I mentioned in one case we sold projects to Duke. There are other investors out in the marketplace that are sophisticated, experienced, and have a large fleet of solar projects. It's matured very quickly as an industry. The energy will be sold to Duke Energy under a long-term contract. We have a long-term lease with Mr. Milliken's family. Happy to answer any other questions that you might have. Yes, sir. It might have been covered, but what hurts the standard of counties on the fall of the line? We will be following that process up immediately after this, so we had two ways to do it. Initially the plan was that we were going to do them in parallel and then have a condition on each site plan. So we had joint meeting with both staffs, with Mr. Notall and Mr. Evans, and determined that it made sense to do your zoning first since you guys had the frontage. And rather than, and then so we've gone away from the conditional joint conditions on both places, and then we're following up immediately after your zoning. They will have a condition, but we don't have to have a condition on your side plan. We're going to roll through with following this so of course if there were to be an issue you know that would hamper the project at this point we have not gotten any sense that there's any concerns on the county side we have not yet so there's I mean unfortunately given this split zoning I think we just were trying to determine the most efficient way to do it. Well, pretty enough, I guess it would question. Yes, sir, absolutely. I don't want to assume anything. If you were to, by some happen chance, only in double the seven acre side would that be economical? Please, it will be in a per se. Probably not. And also, if a permit of any sort were granted or whatever, then it would just expire from non-Eastrover. If nothing else. That would be correct. If the permit is not initiated, there's no evidence of the fact that it will permit within 180 days, and the permit would be known. And I should point out one other thing is we've already completed our connections for Duke. So we've already gone through all the steps. We pay Duke to go through a study process. We hire our engineers to then to prepare all of the engineering associated what they should expect electrically and then we pay them to study it. And then they give us an agreement called an interconnection agreement that says you can deliver this amount of electricity under these conditions. Well, if we were to downsize by that amount, we would be out of compliance with that agreement and we wouldn't be able to proceed anyway. I guess that's probably the safest bet on why this would be not feasible. Any other questions for anyone? I do have one. I have a long term concern for the property owner. If tax credit is worth a disappear or whatever that makes this feasible, and you guys work to abandon this project, in the 2500 acres that you have developed and I missed the number of projects. But how's there been a condition on any of those to require you to remove absolutely everything from the property because I am familiar with one that failed where they came in and took the collectors and left all the concrete butthcks and the property shouldn't be left with that. No, I agree with you. I'm not familiar with that particular project, so I'm not sure what the circumstances of that were, but I can, let me give you a little color on why I think that the risk is, it's a, that those minimal. First thing would be that the tax credits themselves are obviously component of the financing structure. At this point, if that were to change dramatically, there is a chance that it would, but the issue is once they're actually the projects constructed, those tax credits are fixed. So they don't, they are earned and you can't take away that. That's right. So that's the first thing. Secondly, I would say that the only way that these projects get financed and constructed is as I mentioned, we have an agreement to sell power to Duke Energy under a long-term contract. So the beauty of solar, and one of its key advantages, other than the fact it's safe and doesn't have emissions and such, is that there's no fuel risk. So you may have heard of some of the ethanol projects in the state of North Carolina running to hiccups because they had to deal with shell corn as their primary feedstock. The beauty of solar is that operationally there's no fuel to worry about. We have the sunshine. And from a maintenance point of view, it's very minimal, because they just sit there still. This particular project would not involve any sort of, just so you know, wouldn't involve concrete racking technology. That's kind of not common these days in this part of the country. The intent of it, though, is that we are able to preserve the land for the millicons in a sense that they're left with their land in its current state. The amount of the actual site that's impacted by construction is somewhere between one and two percent with the post touching the ground. The rest of it just remains in grass. So we believe that it is a good use. At the end of the term of our lease, we're obligated to pull all of the equipment out of the ground. It's going to be very clear where it is. Most of the materials are recyclable. The panels themselves are a component of glass, aluminum, polysilicant, but then wiring, whether it be aluminum or copper, the racks themselves are generally made of aluminum or galvanized steel. So the actual, we've done studies in the past where the value of recyclable materials are essentially pay for the removal of the equipment. I hope that helps a little. Yeah, sure. Other questions anymore? Other questions anymore? Mr. Mayor, if I may, I have subject for purposes of plarathon. Sure. The minutes and the where the council's ultimate decision is their final decision document. You testify extensively about health and safety, harmony with the area and compliance and I's appreciated. What is your specific contention on the standard dealing with the value, impact value on the joining property? And I did hear you talk about the Utilities Commission, so is your contention it is the public necessity and you're not addressing the value or you're trying to address both, just if you would clarify that. Sure, absolutely. So we've now completed 39 projects across the state beginning back in 2010 and have seen no evidence that there's been any detrimental impact on any of the neighboring properties. And I think we have this probably as long a track record as anyone in this industry on that front. Additionally I think the fact that we strive to do voluntary matters of harmony and that the harmony of this project would indicate that as a use it fits very well into this zoning and into this area. And lastly, there's it is I think of value to the community and it also for neighboring properties. It eliminates any risk associated with further subdivision development for them. Other noxious uses, that came up in our community, meaning where there potentially could be more noxious uses, whether they be ag or others, that could cause odor and other noise, et cetera. So I contend that there will not be a detriment to the value. You know the question is Mr. Banner. Oh, certainly you're up sir. Oh, I'm sorry I'm sorry. I'll go on. Oh, okay I'm sorry. No questions. All right. Thank you sir. Thank you very much. Now, there's anyone else in the room that would like to address this. You go right ahead. in the room that will address this. You go right ahead. Just most of my questions, my name is Rashid Hever. But I was wondering what type of impact you're in with it have on CB radio transmission, as well as the Wi-Fi transmission, internet transmission. And as a sidebar, what effect if it would have on the wildlife? Listen. You're the qualified man, answer that, you go right here. I'm probably not qualified to speak specifically about CB radios and such, but I do know that wireless communications is common also within the array. So we will often use wireless communications to connect sections of the array for communication purposes. I'm not aware of any sort of distortion or such that would come from that. Again, I think it's become common that wireless communications are used to connect things in just everyday life and solar arrays are no different in that sense. Wildlife something I really like to chat about we were in court and I really do because We've been I think one of the innovators in bio diversity and on product we got Duke to do And in this project we will be doing that as well a lot of our our ground cover that will be Planted where we disturb'll be using native grasses and species, pollinator mixes, so that we can encourage. It's basically a pasture. So essentially, we think about a green belt. I mean, it doesn't look quite like a pasture, but when you think about it from a wildlife point of view, small mammals, reptiles can pass through the fence and live there. And you also end up with very little impervious area. So for water quality, we know from the community meeting that is an area where there is a lot of habitat. We talked extensively at the meeting about some of the passageways that we want to protect around the perimeter. So when you see our site plan in front of you, that was designed to make certain that there were sort of still corridors for deer passages around the perimeter of the project. And we have found that it becomes good bird habitat because it's not being farmed in the same fat. This happens to be a hay field, but in general it's not being farmed with row crops. So you end up with a monoculture. We're going to have a mix of native species and grasses and it will be a good habitat for additional, for wildlife in that area. Particularly birds, small mammals, small reptiles. Thank you, sir. Yeah. Mr. Everton, you satisfied that? Yes, sir. OK. Is anyone else in the room that would like to address the council regarding this request? to address the council regarding this request. Okay, you'll need to be sworn right here. And you'll need to step up to the microphone and identify yourself, sir. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the I just have a couple of questions on the south side of the property. I'm going to ask Mr. Bender what kind of buffer will they have between my property and the first solo panel. So Mr. Burrow was one of the folks that came to our neighborhood. So behind Mr. Burrow are intended, but there is existing, what, uh, Buffon and Sierra and Miss Sheryl, what the trees are all on that. Now, for, for the homes are, the houses are, there's a row oak trees. But that doesn't walk abuse. Well, they also have a fireball play. I mean, the intent we have is to screen our neighbors. And as we, as you're aware, we were there. We walked, I think, just for Wilkinson down further. I had no existing landscape material of any kind. Our intent was to meet the ordinance required us to buffer it. We were tempted to keep it at once, but it was a situation where you were fiducied at the issue group. I think we'd be happy to work with this road. The one advantage of this river was that is that the land does fall away from its property there. There is a flow that falls to the north. So we're not going to be bringing the handles. I don't have the way to put the site plan up. We don't kind of look at it. I'd be easier to look at. Father, do that. Mr. Mayor, if you don't mind if Mr. Venter could move over toward the microphone. Those are supported. Right, so if I recall, Mr. Burrows, you're here. Right so if I recall Mr. Burrows, you're here, correct? Yes, I think that's you, right? Yep. Right, you're home is here. So as you can tell, we intend to have the welfare planting along that same southern, or that same southern boundary, to make certain that there is no, that there is, it's not gonna be okay like a wall, but it's gonna be natural. And I wanna set expectations that are realistic and it's gonna mature over time. But we wanna establish a welfare in accordance with this site plan that we showed here. And one of the reasons we were trying to make certain that we left as much areas where the woods would be maintained as possible. Well, I knew you're going to put a buffer on the bill he'll write it. It wasn't sure about, certainly. Really sure about that. So we ended up doing this. We doubled it up here down. I missed welcome. We had no existing lines here. We did get out of long period. You do, there's a burn on gold hill. That's right. That was a voluntary burn we put in place. And the 35 foot buffer yard along the southern boundary. Now, is that intended to be an urban? No, we were not intended to do a burn there. I'm trying to figure out what this is. It's got a lot of contour lines in it's like I can take my kick and throw it. It's failed to smell like it's a digital bomb. The right there might be a new one. So this is interesting, Grace. Yeah, I can say that. And then here there's going to be a firm. You can see there's a firm. That's right. And he's looking down on that. No signs about it. The house, everybody around him. Right. Coldwood. Stand below. He falls away from him. And we're going to establish a buffer here. And then we're going to do a new planting in buffer and berm here, where there was no material at all. What's your plan? This is the reason I can get that's the example of what the importance of trees is to. Yeah, I'm here to make a great tree for sure. I'll cover my horn. This is the very little of the tree. It's the same. This is the same. I just really briefly for clarification the property that the three parcels own I believe are within Randolph County zoning jurisdiction. So it's very likely that the buffer we're talking about is somewhat outside the purview of the city, especially the permit here, but certainly appropriate for discussions with Randolph County and jurisdiction. That's how it is proposed to Randolph County. I would ask Mr. Bedner to share the example outside the course of this hearing. I would encourage you to go to the county meeting. Well, I will. Just one little corner there, my property. That's great. It would end the city. But there's trees there. That's right. The house on the property of the county. Right. All right. Here's in his hand the scale copy of the site plan that he's going to share with you and it shows more detail than what you can see there. It's the same thing. But and that is what he's presented to the county and at that point he has to build what he has presented. So he can share that point he has to build what he has presented. So he can share that with you and just not. You had another question? I just wanted to have a question about the, once you get it set up, there's going to be grass, weeds growing in there. Well, let me man or moan. We moan it or moan. We will be moaned somewhere between five and six times a year typically. We try to establish grasses, but I like to tell folks, don't expect it to be a gust of national. It's not going to be moan like a yard, but it's, think pasture. That's what we like to do. We want to keep it below the panels themselves are about 18 to 20 inches off the ground at their lowest point. We obviously don't want grass or anything to grow up and shade those panels. But at the same time for nesting habitat, et cetera, we don't need to get in their moe in every week. We want to keep it as naturalistic as possible. Thank you. Okay. Thank you. Anyone else in the room? Okay, we'll move to deliberation and I'll ask the council what are your desires regarding this application? Just as a reminder, Mr. Mayor, there is a rezoning component to this request so we do we are looking at the consistency statement and the rezoning as well as the special use permit to actions. Three action. I'm going to move the If I could ask you don't mind. For purposes of the minutes to be most helpful if we can, it is fine to combine the consistency statement approval and the legislative committee. If that can be dealt with with one combined motion and then put the council vote on that first and then move to the conditional use permit itself. So what we'd be looking for a four minute. Thank you. Thank you, sir. You're very tolerant. I'm so sorry. I second his motion on the only district and the consistency section. Thank you. Okay, we have a motion and a second. Any discussion? I don't think we're safe. Okay, we have a motion in a second any discussion Carries now I stand. I stand. I stand. I stand. I stand. I stand. I stand. I stand. I stand. I stand. I stand. I stand. I stand. I stand. I stand. I stand. I stand. I stand. I stand. I stand. I stand. I stand. I stand. I stand. I stand. I stand All the papers say aye. Aye. All opposed. Motion carries. Thank you, sir. Mr. Milliken, we're all done. If you and Mr. Milliken want to leave, it's good to say you tonight. Okay. I don't for E is a clause out your disillusion hearing which I will open. Okay. For E is a clause out your disillusion here in which I will open. OK, RZ, CUP, 17-13, an application to his own property located at 13-78, 13-80, 15-10, 15-14, 15-30, and 15-38, old Cedar Falls Road from R10 to CU R40. I had to know how I want to work now. Just wait for yourself. Thank you, Mayor. Similar to the last request, it would be appropriate to take the oath now. Anyone in the audience that wishes to address the council regarding this request, please permit request for a telephone. This request, as you said, involves several addresses on old cedar falls, rowed. The applicant is old cedar LLC, again to move the property from R10 medium density residential to conditional use, low density residential. There's a total of 45 and a half acres. This property is entirely within the city's ETJ in our zoning jurisdiction and there is one parcel number at play with this request. Currently there is a single-family residential and non-conforming, non-residential use on the property. Subject property is outlined in red on the screen here. You can see the city limits in beige and our extraterritorial zoning jurisdiction in white. As we move closer into the property, you can see a mixture of zoning designations in the area. The R10 on the subject property. We have some B2 general commercial to the south of the property, R40 R10, conditional use of general business on the west side. So again, a mixture of things occurring in terms of zoning in the area. This is a typographic map of the property, gives you an idea of how the property lays as well as the availability of city services. You can see the six inch water line in Old Cedar Falls Road that is maintained by the city. This is an aerial photo of the map, aerial photo of this subject area. You can see there is a pond and a stream on the eastern boundary of the property. As you look at the site plan, the insulation of the solar array are to the west of that area. And again, here is the site plan that's before you. Just a couple of things I'll note. The panels are proposed to be concentrated in the southern southwestern portion of the property and do go around the owner's house that is shown on the plan. There is, in this case, as we talk about a substation that's necessary for these farms. With previous case, there is a substation immediately adjacent to this property that I show on the plan here. Again, this site plan proposes to provide the required 50 foot plan escaping screen, both with a mixture of utilization of existing vegetation, but in areas where there is a lack of that vegetation that would satisfy the requirement there are new plantings consistent with the screen D that are proposed. We look at the subject property. This is a view from Old Cedar Falls Road. This is a 1538 Old Cedar Falls, which is a portion of the property. This is 1380 Old Cedar Falls Road, which again is located on the subject parcel. This is looking southwest on Old Cedar Falls Road and I view looking northeast along Old Cedar Falls Road. Here we're looking north east across the east press northward on Old Cedar Falls Road and then we're looking east along east press north street and a view up the hillback looking west on this press north street from Old Cedar Falls. Real quick analysis on this this property is entirely within our zoning jurisdiction within our our of the city of California. We have a lot of people who are going to be able to see the city of California. We have a lot of people who are going to see the city of California. We have a lot of people who are going to see the city of California. We have a lot of people who are going to see the city of California. We have a lot of people who are going to see the city of California. We have a lot of people who are going to see the The, again, the conditional use permit would authorize both the solar form use and permit the existing single-family residential use to continue. Again, the definition which you are now know is up on the screen for a solar form. Very similar to the last request in terms of proposed land use. This is designated as a neighborhood residential, which is consistent with the current, our 10 zoning on the property. Actually, this property actually falls within an economic development area under the city's growth strategy map. Four goals and policies tend to be supportive of the request to, tend to be negative towards the request. We look at our analysis. Again, we acknowledge that this conditional use permit is presented with this application. We do believe it allows some assurances for compatibility with the development pattern out there and the land development plans, neighborhood residential designation. Again, similar to the previous request, we have some lower density residential uses occurring in the vicinity of this property, not atypical of the requests at our 40 designation. And we find that the current lack of total array of city services and infrastructure for development, either just described by, residential or economic development activities is lend support to the request. We are not in a position to implement the plan's economic development recommendation at the present time for this area based on where our public services are located. So for those reasons we do find that the approval request is reasonable in the public's interest. We presented our analysis and recommendation to the planning board at their meeting last month. They did concur with the staff's analysis and recommendation. So the rezoning component comes to you with a favorable recommendation. Again, we did not comment on the conditional use permit itself. However, should the council find that evidence supports a granting of this conditional use permit for the solar farm, we do have several conditions that are proposed. Again, we would like to intend for the owner to have some flexibility in adding residential uses that are otherwise permitted in the conditional use, or a 40 designation, such as a residential and accessory building that may not be shown on the site plan. However, we would ask that the consistent with the R10 zoning designation manufactured homes be excluded from a permitted use for the property. Again, if out there were lighting is added and provided compliance with the city's rules, we would not consider that a permanent modification with your approval. There are some internal drives that are provided within the fence areas that, based on some discussions with our emergency services folks, there was some thinking that they would have to be provided in more places and they may have to be provided to satisfy emergency service needs. So we do ask that if in working with our emergency service staff some of those internal drives are eliminated with the defense area Provided we okay that but that not be considered a modification of the permit Again, drive-up permit and erosion control permits if required Need to be submitted to city prior to the issuance of our zoning permit approval We do request for the for those areas that new landscape installation is being proposed for this plan. We would like to see some additional details on what is proposed for those new planting areas just to ensure compliance with the city ordinance. So we have that condition being incorporated. Lastly, we accept the standard member of ladies' restrictions that we present to the applicant be assigned and provided for recording. That concludes my remarks, Mayor. We happy to answer any questions. Thank you, sir. Questions? Anyone in the audience would like to address the council. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. Good evening. My name is Nathan Dugins. I'm an attorney from Greensboro, which Mr. Moffat, I hope will allow us to come down here to Asper and speak on behalf of our client, Cypress Creek. We're here to present both some additional information about the rezoning request along with some additional information about the special or the conditional use permit. I want to introduce a few people and I want to hand out some evidence that we're going to ask that it be introduced to hopefully get the record as clearly can make it. First off, I'd like to introduce Mr. Kid. He moved seats. You were sitting over there. Mr. Kid is the landowner. Many of y'all may know him. He's owned this land many years his family has. I bought Mr. Kirkland is here. He's an appraiser with Kirkland appraisals. Mr. Evans is here with the applicant, Cypress Creek, and then Mr. Sandefur is here who is an engineer who would test to find a similar way to what you heard just a few minutes ago about solar forms and the health and safety solar forms. So if I can approach Mr. Mayor, I've got a handout that I'd like to walk through with the members of the council. And I think I've got just enough. But you can take my view to the court. Just pass one to the court. I'll share that with you. So, and what we've just handed out, what you'll see under tab one is just some information about Cypress Creek. And I'm going to have Mr. Evans come up and speak briefly about their company and what they've done across not only North Carolina but across the country as it relates to solar. Under tab two is a site plan that you've already seen up on the screen. And I do, I felt a little bad. This is small. I should have brought bigger plans. Apparently that's something that we can do down here. But you'll see it's on as staff pointed out. It's on the southern portion of the property. There is actually a substation that is adjacent to the property, which is one of the property and there is actually a substation that is adjacent to the property which is one of the reasons this site was attractive to Cypress Creek. Under tab three is an affidavit from Steve Evans who is with us here tonight, Mr. Evans. He testifies not only about his experience, but about various aspects of solar power. He speaks to the parking on site, the presence of that safe, not hazardous. I'm not going to go through the entire affidavit, but no in that affidavit is information that speaks to the four findings of fact that the panel is going to have to find here tonight. Under tab four is an affidavit, Mr. Sandefur, who's here, he's an engineer, he's from Nash County, he's testified in lots of cases about the health impact or lack of health impact of solar panels and the safety. And then finally under tab five is Mr. Kirkland's affidavit. And he'll speak to both the harmony that the solar farm will have on the surrounding community and also its lack of impact on value. So I'd ask that the clerk admit those affidavits into the record and I think that will give your attorney a little comfort that the right evidence at least has been presented to City Council tonight. So unless there's any questions for me, think of me as kind of the navigator I'm going to ask mr. Evans to come up here and to speak briefly to you about what he does for Cypress Creek Then I'm going to ask mr. Kirkland to come up and talk about Harmony and he's going to talk about The absence of any impact on value and then I want to ask mr. Sandford to come up and talk about Health and safety unless there's any questions for me. Mr. Evans. Mr. Mayor, Council members of the staff. Good evening. My name is Steve Evans, and I am the zoning and outreach manager for Cypress Creek Renewables. We are a solar energy company that we have roughly 150 solar farms and operation here in North Carolina, as well as over 300 across the country. We do the development, the construction. We also purchase solar farms and solar utility scale developments from other companies. So we are a complete shop in regards to the operation and the maintenance and construction of these facilities. My role in all of this is to make certain that we are complying with the ordinances that you all have set forth and making certain that this project fits within the boundaries and the confinements of your ordinance, which is ultimately to protect the harmony and the growth of your city. So I myself have many years of experience and commercial, residential, and industrial planning. I was also a member of the Rocky Mount Planning Board and for seven years and four of those years, I served as the chair of that board, so I'm very familiar with ordinances and layouts in terms of making certain that this conforms properly within respects to what you are all are seeking. As mentioned earlier in regards to this site, this site is a 45 acre track but we're only utilizing roughly 15 acres of it in terms of disturbance area, which is pretty much so at the southern edge of the property. So it is not the entirety of the 45 acres that is going to be in disturbance regarding the solar array. So ultimately this is not going to be a huge project in that regard. I will not go through and sort of give you all the details that you just heard in regards to solar energy and solar cells and things of that sort because my ability to articulate that as well as Brian from Bird's Eye was able to articulate it would be sort of the equivalence of a third-grade glee club following behind Mahalia Jackson so in the interest of time and knowing that we have quite the roster of professionals and industry experts here. I just wanted to basically come introduce myself to testify in regards to upon review of your land development code and our project that we feel that this project fits within the confinements of your land development code and I will be happy to answer any questions that you may have in regards to this particular project, the technology or any of the other aspects of the project. All right. Thank you. Thank you, Mr. Evans. Mr. Berklin. Good evening. Good evening. I'm going to go to the next slide. I'm going to go to the next slide. Good evening. My name is Rich Kirkland. I'm with Kirkland appraisals. I'm a state certified general appraiser. I also have my MAI designation. I've been appraising in North Carolina for over 20 years. I've actually been looking at the question of solar and impact on adjoining property values for the last six years. Over that time, I visited over 350 solar farm sites. I've been quantifying what uses around solar farms. And in that process, I've just compiled a lot of data. I've got the breakdown of the adjoining uses of this one is very similar to what I'm seeing across the state. Whether I'm in the mountains, the Piedmont, go down the coastal plains, the joining uses are predominantly agricultural residential. If you look at by the adjoining acreage, agriculture is the most common use next to a solar farm. If you look at by the number of parcels adjoining a solar farm, residential is the most common use. They're really being located in those transition areas where the open space meets housing. This location actually falls in as somewhat of a smaller subcategory where the use includes some industrial commercial uses nearby. Whenever that happens almost invariably, the solar farm serves a buffer between those commercial uses and nearby residential uses. So this is very consistent with the pattern of development. I'm seeing across the state. And therefore, it's my professional opinion that this is a harmonious location for this. The other thing I've been doing while quantifying all these uses across the state is looking for matched pairs. Match pairs is what the appraisal institute teaches is really the best way to really identify whether there's an impact on property value. It's a very simple, straightforward process. You look at sales next to a solar farm, compare them to sales that are properly nearly identical, but not next to a solar farm, so you can test for that impact. I identified over 13 different solar farms that have match pairs that I can look at, pulled over 25 solar, or pulled 25 match pairs from those 13 solar farms. These are primarily across the state of North Carolina. I found a couple that are in some other states nearby like Tennessee and Maryland, but most of these are in North Carolina. The match pairs are showing that there's no impact on adjoining property values. These match pairs include homes that are ranging from $100,000 to up to $770,000. I've looked at properties next to predominantly. These are five megawatt facilities on a similar acreage to this project, but they go up to 75 megawatt facilities on much larger tracks of land. Again, I've got match pairs that show property in the flat coastal plains where the topography really is an issue as well as on up into Gastonia where topography is very much an issue and you can see there will be landscape screening but there is some filtered additional view of the projects at a distance. And all of these cases, the impact is showing zero impact. There's no measurable anything in the property values of those things. Specifically, I could go through a lot more details. I'm not sure if that's necessary, but I'm happy to go through a lot more of the details on any of these analysis. I will point out that there is one project in particular where I've looked at where there was a new subdivision going in. There were homes that were sold before the announcement of the solar farm. There were homes that continued selling the exact same floor plans after, no impact on property value. There's homes that have joined it, same floor plan sales down the street, how to join the solar farm, sales for the same, the home sold at the same rate, developer that finished out that subdivision, same time frame he was originally planning on, and also there's been resales in there showing that typical appreciation for the area. So all the different ways of measuring value in that area doesn't affect the initial sales price, doesn't affect how quickly home sale, and also didn't affect resale value or appreciation. So again, it's my professional opinion that this project at this location would have no impact on adjoining property values, and I'd be happy to go into greater detail or answer any questions. Thank you. Thank you Mr. Kirkland. And last but not least Mr. Sandefur. Talk about the health and safety. Thank you. Yes sir. Good evening y'all and members of council. My name is Chris Sandefur. I'm a graduate electrical engineer. And I'm licensed in the state of North Carolina to practice engineer. And I've been practicing since the 70s. I'm also an electrical contractor, licensed in North Carolina with unlimited classification. I've worked with Duke Energy, or their CPNL, the since the 70s. I got 30 years that I worked with those folks. And so, and I was on that side of the meter when we were installing them. And this has been my job since they merged the merger. And so with kind of a part on light and Duke, when they merged, I left. And so I've been an independent consulting engineer since that time. Just to give you some idea of my confidence of what I would say is that my family and I on farmlands that we own together have installed three, five megawatt projects. This would be approximately a three megawatt project. We have roughly 100 acres of our traditional farmland that we use for leasing for solar production. And those long term leases and that's the legacy I'm proud to give the next generation. I wouldn't, if I did not have confidence that they were safe or reliable and a good thing for our community, that would not have happened. I also serve actively on the Nash County Planning Board and last month we approved our 34th utility scale solar project for Nash County, which was also approved by the commission last month. So I can address whatever questions you want to talk about. If you have any questions about health and safety, but I will say this in my professional opinion, not only will it not be a detriment to the citizens in the land of Randolph County, it actually will enhance the safety. And I can explain that if you want to know. But it's, it will, the health and safety issue is not a concern from this sort of all. It actually improves air quality, but you don't have to burn fuel that produces greenhouse gases, these do not. And there's no coal ash to be disposed of. There's no fracking. I mean, they drive the piles. They push them into ground. They don't do grating. They just follow the terrain. It's no odors, very little noise like my predecessor or another cell, we do like to put the inverters and transformers in the middle. That's not just for the sound, that's just good engineer and practice because you want to keep the runs from the panels as sure as you can. If you put it at one end, then you have to bring all that power along the way. Whereas if you put it in the middle and then you have to bring all that power along ways whereas if you put it in the middle this kind of like a spokesman or bicycle you can shorten those distance and that's just an economic decision it's good sound engineering practices well so my professional opinion is that it will not impact the health and safety of the residents of Randolph County are there any questions? No questions but a comment a a thought that's been run through my head who have been sitting here, I was thinking, when people are talking about appraisals and stuff and I kept thinking, well, would you buy a house next to it? Well, not only would you buy a house, you build one right next door with you. I've got panels in my yard, so. That's not kind of answers my follow-up. Yeah. We put them on school. I mean, there's nothing. The technology and the panels themselves are 50 years old. We've had them in calculators for that long, watches, and the policy of the Congresswoman. Those are, those are, that's a well-established technology. It's not a problem. They were talking well established technology. There's no problem. They were talking about the radiation. There's no radio emissions. There's no radio-frequency emissions at all. They're DC. They like the battery in your car. It does not have any type of radio-frequency emissions. And so, and then it transforms to 60 cycles, which is the same thing that's running up and down the street right here. So, it's not going to be an impact. Actually, it reduces the amount of electromagnetic fields because you're producing it locally. Now you're not buying or shipping power from Sharon Harris or Qatar or hundreds of miles. You're producing it locally. So, actually, the net result is reduced and electromagnetic radiation. Thank you. So we're closing. We appreciate the council's time and would ask that the both the rezoning be approved and also the conditional use permit be approved as well. Thank you for your time. Any other questions from me? Thank you Mr. Mayor. Thank you Mr. Mayor. If anyone in the room would like to address council regarding this request, I believe you'll need to be strong. I'm going to try to keep the whole thing connected. I'm going to try to keep the whole thing connected. One of my questions was already answered about property owners. He said that he has a house right there where he's he got panels that but I was one I'm going property right across the street and I was planning on building a house and you know I'm sitting here thinking I don't want to wake up and look out the door look at solar panels every day I know that they said they're going pull some kind of bluff up around them and you know it's I just like to see more of the plan on what it's going to do. And then the impact on the community. I mean, I saw something that he had up there where it said about that infrastructure was not good for residential areas. And I've been trying to get the infrastructure over there not good for residential areas. And I've been trying to get the infrastructure over there on that side, on the east side, improved for a long time. And because I planned on building my house before my job went out. And the only problem I had was because there was no septic lines over there. And that was the only problem I meant to get in there and I found out the land wasn't hurt. And so that, you know, that I went to the city to see about getting septic lines. They told me for $50,000 if I was to build a substation that was four or five rows over that I could get the separate lines in. And you know, they didn't say that everybody else wanted to get in. They can hook in for free. Let's see the thing, you know, like, the only thing I'm worried about the impact that it's going to have on the East Side community. Because right now, we can see that without the infrastructure over there to really substantiate good housing. And I don't want to sell my land, I want to build on my land. I want to build on my kids so they can have something, you know, to call their own. And because, you know, I'm not against the solar panels because, you know, I bought the land from time. And, you know, and it is a good place to live. In fact, my church is right up the street from where it's going to at. And you know, I look at riding down 220 in Montgomery County, I look at the solar panels on the road. There's no buffer, anything you can just see them right there, you know, on the road and everything. And he said they were gonna plant grass and stuff out there, but I don't see grass out there where they got their solar panels at. And you know, and I worry about them, I'm where they got their soul pounds. I'm going to run off because when it rains, everything from that side of the road washes all the way over through my property. There's a whole lot of questions. I guess y'all did studies on the that it would have on the east side. And that's my only concern. That's some of the concern from most of the residents there in that area is to make sure that if I have to sell my house, will I get a good enough price for it? Because it depending on what's around it it that depends on how good a price you get for your whatever you have on your land and that's that's the main thing I'm worried about I mean, it's really early with the shots done from the cannon on the highway. I think the difference is that it's a very, very rural area that is at the moment, an interstate highway and does not employ any registered from the area to show that they probably do require any well-prepared screens and probably not there, when they're involved with the environment and water is the length right. So it's probably not safe to finish, but there's been limited and our development Mr. Mayor, if it would just be helpful, we did talk a little bit about a condition of requesting some additional details on the landscaping that's being discussed. Just point out that requirement of the ordinance is that around the perimeter of the property, a 50 foot wide area with type D screening materials as prescribed by the ordinance shall be installed. And Lou, this buffer, if there's a 50 foot buffer with existing vegetation that complies with the screen D requirements that can satisfy it. But for the record, a screen D is a requirement for what's it's a mixture of evergreen shrubs, five foot on center that will grow to a head row over time or a six foot high fence. And in addition to that, a staggered row of Evergreen trees, not less than six feet in high, time of planting, and space not more than 15 feet apart on center, which will inform an intermittent visual barrier. So we do have standards for what must go within that area where there is a lack of existing vegetation that would satisfy that requirement. So there are some options on the developer on how they comply with that screening de-requirement. They may do opaque fencing or they may do a mixture of shrubs and evergreen screening trees. But that is stipulated clearly in the ordinance. And those are the details we would like to see prior installation. There's anyone else in the audience that would like to address accounts? I'm sorry. Mayor, if I could, I'm sorry real quickly. I did want to just for the record, let the council know. This afternoon we did get a statement from Addy Luther opposed to the rezoning request. She indicated she'd be unable to attend this evening, but I will enter the letter of opposition to the rezoning request into the right. Should you read it? So, all right. No, you're on. We have to sort of straddle this one because this is a combination. There is a statutory right to submit a comment, and that is appropriate for the legislative side. So we note the person, the location of the property, in the fact that they're opposed. However, since sworn testimony is required for the permit, we don't read it in the best purpose. She is opposed and she owns the joining property. We have a that we, plus the property, the zoning district, and the system would be a language plan and plan moves back. Last. Thank you. I'm going to talk about the position of the law of the technical ownership of the law. Any discussion? I'll pay a tax. I'll hold. I'll engage. This is permanent. I'm looking at the motion that we put in the conditional use permit with the conditions outlined by staff that are acceptable to you. I'll put you above the mission. I'll go have a second. I'm going to go ahead and say thank you. I wish you both were involved, but I was shaking. Thank you. Thank you for the hard discussion. I'm going to play with Shae Ha. I'm going to play with you. Thank you. And I will open the book. I'll go ahead and read the presentation here. Okay. So, I'll go ahead. So, you can see 17, but it's for thinking. Yes, you may. 17, but you have to move more applications for traditional equipment for a better digital environment. Well, no sound, no noise, right? Thank you, Mayor. Again, this is a quasi judicial hearing so now would be the appropriate time for anybody knowing that they wish to speak to be placed under oath. to I'm going to go to the bathroom. I'm going to go to the bathroom. I'm going to go to the bathroom. I'm going to go to the bathroom. I'm going to go to the bathroom. I'm going to go to the bathroom. I'm going to go to the bathroom. I'm going to go to the bathroom. I'm going to go to the bathroom. I'm going to go to the bathroom. I'm going to go to the bathroom. I'm going to go to Okay. Okay. Okay. Thank you, Mayor. Give a brief overview on the components of this request before you. This is a conditional use permit request. So there's not a rezoning component to this request. It is strictly a permit hearing, which is filed for what is now to be known as Jackson's run, a residential planned unit development. This property will look familiar to you as a remember to hand out the site plan. But the portion of the development that is now known and referred to as Jackson's run area of the development. If you remember formally, there was a mixture of two family and three family homes that the Council last authorized for this portion of the property. The request before you this evening is to change entirely to detached single family residential lots, totaling 131 lots on some smaller lots, almost footprint lots to contain those units. The request also involves a change to the existing Waterford Villas, which we'll call Waterford Villas phase one, because there are portions of that section's common area and open space, as well as a change to the street layout for the entirety of the development, both Jackson's run and Waterford Villas that are proposed, that impact the approval for Waterford Villa. So there's a add on to this request this evening authorizing a modification to the permit for Waterford Villa to allow some land swapping to occur between Jackson's run and Waterford Villas for Common Area and Open Space that the developer is proposing. There's a new subdivision sketch design plan for the Jackson's run component of this as well. Because again, there are changes being proposed to that development scheme which impacts previous plan approvals. Water for villas phase 1's already built and platted and so there's not a need to look at a revised subdivision for that. There's several different moving parts feel free to stop me at any time as we go forward here. But the applicant on the conditional use permit request is Wade Journey Homes. And again, this is a conditional use permit for a residential planned unit development, which is what has previously been granted for the property. But it again changes the development proposal to detach single family homes, and includes modifying some of the boundaries of Waterford Billus Phase One and the street network between the two. single family homes that includes modifying some of the boundaries of water water for billis phase one and the street network between the two and we will be looking at subdivision sketch design also for Jackson's run. The total property that we're looking at is just over 50 acres which includes water for billis and Jackson's run. Jackson's run itself is just over, or just under 39 acres. In this case, there are 34 total parcels that are involved in this request, which include the plated lots and the common area for water for villas, as well as the parcel for Jackson's run, and its associated parcels. So again, the subdivision that you'll be looking at 100 and this is just a sketch design the first in the staging of subdivision approval. But this concept plan that's before he's 131 lots with some common area. We have an average lot size of just over 2,200 square feet. There are public streets proposed to be installed within this development after construction and acceptance by the city the city would end up maintaining 4400 linear feet of new public street. is what's now known is Jackson's run and the permit request is for again there's the attached single family lots. To the Southwest of that is existing water for Villalus Phase 1 and those red boxes are the plated lots that are that exist for that section. A topographic map that shows the infrastructure in the area, water and sewer actually does extend into Jackson's run, but has not been certified and accepted, and is not currently maintained by the city, but the area within Waterford Villas is city maintained. An aerial map, again, hopefully giving an idea of where the boundary between where these two developments is located. A couple of important components that I want to point out on the site plan that's before you. Probably the most noteworthy one that ties into some of the other comments I'll make is that the proposal is to not have a connection between Waterford Villas and Jackson's run. So in this vicinity, you know that the street has been built throughout the development has not been accepted and they came up to city but up into this point, right here it is public public treatment publicly maintained. Under the proposing, can you see the note that you're playing on both sections have signed onto this proposal to do away with that connection? So there will no longer be, and when this and still, there will not be way of pass when the public works through the water, and do it so that it can be made enough to work and by for the proposal, there were not a way of passing from the public works through the water to do something that we're not able to do. It was far and much work. The proposal will be to pick up that existing pavement that it has been built. It's not public right away to provide that physical break between the two developments. Because they are proposing to do that and the number of lots that are proposed with the Jackson's run, they are providing a second and proposingant provide a second entrance. This is the current existing undeticated access to Ford's Park Drive, but at the northern end of the property is a second proposed entrance out to Ford's Park Drive that has been proposed and in fact has been reviewed by the Department of Transportation to get an idea of what road improvements may be required. They've indicated that other than a driveway permit they are not going to require roadway improvements to Forest Park Drive, turn lanes, diesel lanes associated with that connection to Forest Park Drive. I'm going to stop right there just to see if anybody has any questions on the proposal. But you can see the red thing is there are a lot of proposed lots for jacking from there 131 lots. The proposal still includes the residents toward building that was previously approved under the Waterford Bill is face to proposal. Seeing no questions, I'll just move on to the, an idea of the potentially, potentially lay out for these new lots with injections run. That's a conceptual lay out that they've provided us. If this is approved the next step, we'd be to submit engineering, profiles, plans. If we need them, show them the individual connections to those main lines that the city will ultimately maintain. So this gives us an idea. The next step would give us, would be to give us more information on those connections. And in your packets, we did provide the building elevations that they are proposing for Jackson's run, the Jackson's run section of this development. There are some, one store and some two storey of elevations that are provided. And again, the same, an idea of the same residential storage building that you previously saw. Just photos real quickly looking at Waterford Villas from Hubmores Road looking north. So if you're looking west on Hubmores Road from the drive into Waterford Villas, this is looking east along Hubmores. It's a typical unit within waterford villas. This is near the boundary between waterford villas and Jackson's run. So somewhere in this vicinity, most likely close to where that barrier is, asphalt will actually be taken up under the proposal so that there will be no connection between the two developments. This is looking at the existing undeticated entrance to Jackson's run from Forest Park Drive. This will be looking north on Forest Park Drive towards the northern end of the property away from the development, looking south on Forest Park Drive, near that proposed northern entrance. This is further south on Forest Park Drive looking towards hub mowers. So there are, as we look at these different moving parts, are several conditions that the staff has proposed to ensure compliance with the ordinance. I don't, if you'd like me to, I'll read through them all. What I prefer to do is just leave them up on the screen for a moment, let you read them. They are within your packet and they'll give an audience a chance to look at them as well. I'm going to go to the bathroom. I will say a lot of these conditions are going to look very similar to the previous hearing that we have where we were able to carry over previously agreed and accepted conditions that made sense under this new development scheme. We've done so but there are some additional conditions that are proposed to ensure public safety and compliance with the ordinance. These conditions have been shared with the parties. It's our understanding that they are generally acceptable to the parties. I will note we did revise a condition letter R there in an effort to be more clear on what it is that we are asking for so I will read this and enter it into the record. I'd like to substitute condition R that's abbreviated here, contained within your staff report, to read prior to the recordation of the Memorandum of Land Use Restrictions noted in condition Q above. One or more instruments of advance drafted to establish, in fact, the revised new boundary lines shown as proposals on the submitted site plan She'll be properly executed and recorded in the office of register of deeds notice of such recording. She'll be provided in a timely manner to the city of Ashburton Administrator Essentially, what we're asking for since there is some some conveyances occurring between the two developments the two conveniences occurring between the two developments, prior to us recording the land use, minimum land use restrictions we'd like to have evidence of that haven't occurred, because that, we're relying on those conveniences to occur to ensure that there is minimum open space that's provided for both developments, minimum recreation area. So, provided those conveniences as shown on the site plan occur then we can report that the plan is compliant with the city's zoning ordinance. I think I'm going to stop right there before I go into the subdivision comments and let the folks speak on this request. I'll note that all parties have signed all owners within Waterford-Villas phase one and the owners control that Jackson's run have signed onto this application. So that's important to note as well. Mr. Mayor and members of the Council, you may recognize that I have appeared on behalf of this tract before. Three months ago, my name is Tom Wright. I appear on behalf of the applicant and the owner in this particular case. Because this matter was in large part considered and approved for a conditional use permit when the applicant was water-fed R.E. LLC in July. I think that we can perhaps save a into that end I would propose that the findings and the order entered by the council in July be entered as a part of the record in this particular case And the reason for doing that is is that it speaks to many of the four part tests that we have. I have copies of that. If members of the council would like to see it. It's probably reasonable enough that you have some familiarity with it. So I'm going to let that be optional andgman, who is the way Journey Holmes, and let him speak to the type of project that is currently proposed. But let me give a brief overview of what has happened here. One of the big issues that we spoke about in July was the maintenance of the dam and the ponds around here. Waterford Phase One by its covenants and by its configuration was responsible for the maintenance of a part of these ponds. Under the proposal, Waterford is getting rid of that responsibility and all of it is being assumed by the developer in Jackson run This is attractive for the members at Waterford phase one because they won't have to worry about The the dam and complying with with all of that the conveyances that you see on the plat here Take essentially the the dam and they put it in the new Jackson's run subdivision part. In addition, the issues about buffering and what kind of sizes and all that sort of thing, there was concern originally that the pads which were duplexes and triplexes, were smaller than those that appeared in Waterford Phase 1. The new plan increases the size of that to what is consistent with Phase 1 and perhaps even a little bit more total square footies. So it takes care of that. Areas of buffering for people that didn't want to look across the lake and sea neighbors have been addressed in a private development agreement, which has been signed on behalf of all of the members of Waterford Phase I and the owner of the new subdivision. So we believe that everyone is in agreement with what we propose here. But to get started, let me introduce Dave Hodgman, at Wade Journey Homes and let him have you, let him tell you what is being proposed and why to move this forward a little bit. Someone still up in. Good evening, Mayor, Council members. Thank you for having us this evening. I will make this brief, but I wanted to address our proposal to the council this evening. Understand that you all did review and approve a new conditional use permit for this project back in July. I recently began conversations about this project, which all of you know, has been a development that was completed prior to the recession. It has phase one of Waterford is now being completed with construction. We, Wade Journey Homes, we are a regional home builder. maybe familiar with us, our headquarters is in Greensboro, North Carolina. We have been operating primarily in the triath of the past 14 years. We take a lot of pride in being a triad based company and have been recognized as the America's fastest growing privately held home builder the last two years in a row. When I entered in conversation with the owner of what is proposed to be Jackson Run, we discussed the local real estate market, what we have done with other projects that are similar to this project throughout the area. There are a few that are very nearby that we have came into existing subdivisions, have been able to generate a market, be able to build and sell homes and two projects that are adjacent to here, one being Camelot Oak subdivision, another one being the Heathwood Acre subdivision. In the past few years we've came in, finished building the homes in those neighborhoods that were otherwise left, uncomplete based on real estate conditions previous to the recession. When entering in conversation with the owner of proposed Jackson Run, we discussed what the real estate market in this area is generally telling us based on our proposal, based on what the market condition is and what we are seeing the selling. The primary information that we discussed was the fact that this project had been laid out as a multi-family attached housing project. Generally, we find throughout this market and primarily through the triad, the detached single family housing is much more desirable and it creates certainly a different appeal, a different aesthetic to a community, but that's primarily what we're finding throughout our region. With the proposal that we're asking you all to prove this evening, you know, one of the primary things that we looked at were the allocation, the obligation of the common space, which would be maintained through a secondary Jackson Run Home Intersociation. One thing that we found to be very appealing to the owners that are in phase one is that by making a eliminating the connection between phase one and what was previously phase two, we find that they are going to have a lot of closure within their community. It is going to eliminate a lot of traffic that would have came through their community. And also give us a sense of community back in the proposed Jackson run, obviously having two entrances to the community. We know that as the community is built out of which we're proposing starting actually the CODOS Act to the west, connecting from the late to the west, we will be planning to build that project out from that section moving forward. We certainly find that single family housing sells at a faster rate than multifamily housing does. We do build both types of products throughout the market, but we do find that the real estate market in general does find the single family detached housing to be more desirable to them. The other thing is when we look at this project and we look at it from its current state today to final completion, we are proposing to have this project completed and entering into an agreement that will have it completed within 48 months of start. The product that we are proposing to build, you all saw some elevations a few minutes ago, we are planning to start our square footage at 1600 square feet and we are proposing to build those homes to the two car garage. We do feel that having single story homes as well as two story homes does give some diversity of the product that we're used to seeing throughout communities in Randolph County and we do feel that it will create a great sense of community. When addressing concerns as far as harmony and property value, one of the biggest things that we found was, you know, we have a community that in my opinion is a very desirable area of Ashboro and Randolph County, but unfortunately it has not been built out yet. And so to have some completion to that, I think we'll add a lot of value to the community and being able to have that completed in the area in general. We also know that when we are generating new housing starts and new construction, obviously that does help boost value, helps boost the amount of activity that's happening in the local real estate market, and also help boost the tax basis that we have in the local municipality. Again, we are a very reputable builder. We have been building here for a long time and we do feel that if the council would so choose to approve our proposal tonight that we could bring a sense of closure to the subdivision as well as add value and harmony throughout the community in the area. If you have any questions for me, I'd be more than happy to answer them. Thank you all very much. I'm going to go back to the next. My name is Mark Leonard. I am a resident at Waterford, Villas. I live at 250 Landis CORE. We as a neighborhood have met a couple of times. And we've had many conversations and I'm sure most of my neighbors are probably tired of seeing me at their front door. But we are in agreement. We have, excuse me, Ken Leonard has actually worked with Daniel and Mr. Mason. And they have done a good job as far as we are concerned. And we are, as in a neighborhood in Waterfordville as a completely in agreement with removing the pavement and changing the common areas and allowing us to be a separate neighborhood on our own. Thank you. I'm going to go to the next floor. I'm going to go to the next floor. I'm going to go to the next floor. I'm going to go to the next floor. I'm going to go to the next floor. I'm going to go to the next floor. I'm going to go to the next floor. I'm going to go to the next floor. My name is Robert Blow. Thank you, Mr. Mayor and members of the City Council for allowing me the opportunity to speak on the subject for just a moment. As Mr. Wright has noted before, we've been here before. This is not new and most of you have seen us at one corner or another. And with the exception of one more meeting, we hope this is it. We would like very much for you to favorably consider the proposal that's before you at this point in time because at this point in time we think we are at the place in our history of our development where we are in basically a situation that we have run out of options. It's become quite clear to us that the original concept of 108, the luxury village, is long since gone. We also know that you folks agreed to the changes that were requested to go to the tropics units along with a mixture of the duplex units back in July or June wherever that was. And that didn't work out. So now we're at the point where we have an interested contractor and a developer who is willing to go forward with a new approach that according to all of the information we've been given is allegedly going to work quite well and I think that the success that many journey homes has had in other areas is speaks for itself. Our issue is not with that. Our issue is the fact that we bought into a community of lugs' revealers. And there's nothing about Jackson's run that even remotely resembles lugs' revealers in my opinion. Now, maybe that doesn't make a lot of difference at this point in time, but we're at the point now where we can say, okay, forget the 108 luxury villas. You've got a 28 luxury villas, be happy with those, and keep what you have. So I think that's the point at which we find ourselves. So again, we have kept all the residents within our development fully informed of all these proceedings as they've gone down. And that regard, I would like to expressly thank the members of the planning board for going out of their way to make that information available to us so that we could send it in electronic form around to every resident in our development. So we feel like they've been fully informed this entire period of time and they know fully what's going on. And there's no questions. We've had community meetings. This stuff has been fairly and justly and completely diagnosed and looked at totally, and I think everyone understands fully. So, in the light of all that, we think that as long as we can separate the two communities as we have proposed at this point in time, we are as good as we can be in the long term. So, as I'm concerned, We are as good as we can be in the long term. So as for as I am concerned and as far as those folks that I have talked to over the course of the several months that have preceded this, this turns out to be a very successful conclusion to an otherwise situation that we really did not find ourselves wanting to see a curve. So thank you for this opportunity and we do hope that you can see fit to forward, to go forward with your recommendation to approve this change and the special use permit that's being proposed. Thank you very much. To summarize where I think we are, I want to point out just a couple things and again I'm starting with the conditional use permit that was approved in July. there are several differences here than from what was approved in July. First of all, the density of lot pads increases by 14 units from 117 to 131 over the 38 acres of total area. Second, we're talking about free standing detached pads, not the triplexes and duplexes that we had before, for the reasons that you heard from from Dave Hodgeman. The minimum size of the units under the former plan was 1,346 to 1,152 feet. Here the minimum size starts at 1600 square feet and then goes as high as 2100 square feet. So we're talking about a larger unit and more expensive house, frankly, than was before. Two store units will be permitted in some part. There'll be a mix. There's in the area that's right across the small lake. These units right up here, one through nine, will be one-story, but there will be a mixture everywhere else. And that's part of the agreement that has been negotiated with Waterford Phase I residents. Road access is a little bit different. This access remains the same, but this is new access here. And of course, the discontinuance of what used to be one of the side dry, I don't know what this is called, and I think we have things to do with the other ones. That's going back. But that is a difference. And the purpose, of course, is as Bob Blows says, to basically create two separate units divided by the lakes and divided by this area that is now no longer a roadway. This is all being accomplished by having Waterford Phase I, the Homeowners Association conveyed to the developer in Jackson and Front a .309 acre tract, which would include the, I guess that would be the east, excuse me, the west shore of the dam for the small pond is now going to be owned by Jackson's run. Likewise, with the large pond, which I guess would be the south side, there's about a 1.73 acre tract that includes the spillway and the shoreline. The shoreline of the lakes will be completely controlled by Jackson's run. In exchange for that, this little novel property that's so short in this area, that that formula is part of the water per phase two. That is being conveyed to Waterford Phase One. So there's sort of a property swap. You can decide whether it's equal or not. I don't know. But in any event, that's what the residents have agreed upon. The location of the recreation areas, which is right over here, one, it's next to the possible storage building that we heard so much about the last time. And then there's another recreation area that you can see up there. It's maybe a slightly different location. Those are the primary differences that we see. Some things remain the same. The storage building that we spent so much time in July is still there. It's optional. It may be built and it may not be the same conditions that are proposed by staff applicable to the storage building are going to be applicable and acceptable here. I don't think there's any real discussion here about that being the problem that it seemed to be earlier. The basic street outline is much the same because a lot of it is still in and has been constructed. The entrance on the north is new but the rest of it pretty much is in place. And there was a concern about dam repair and the one to make sure there was an easement so that in order to get over to this area so there's an easement to clean the house there. That remains the same as it was before. Other than that, other than these, these are the primary differences that we're talking about. And with this, and with the agreement of the residents, I believe that you have evidence in the record where you can make the findings that you need to make about is it going to materially endanger public health and safety last time you concluded that it would not. Actually, it's better control of the dam and the shoreline under this particular plan than it was before. You're not going to have the same traffic patterns through the subdivision that you would have before coming from Waterford Phase 1. The DOT has okayed the connections on to Forest Park Drive. So we think that the public safety actually is enhanced by this particular plan better than the first one. Does it meet all the required conditions? I think your packet indicates that it does from Mr. Dutall and the planning department. Will the use substantially injure the value of joining home sites? Well, you're having more investment per unit here. They're larger units. I call to your attention the finding that was made in the preceding hearing by Tonya Brady and that's part of the record now in the preceding that such in comparison to the pud on old Lexington Road that there was no injury to adjoining home values and plus considering the factors that have gone into this, I think you can find that. And then finally, is it in harmony with the area? Well, you can see from the area, this is not significantly different than it was the first time around. It was in harmony in July and I can submit to you that it is in harmony in November in this particular action. So in summary, the applicant asked that the council approve the conditional use permit with the conditions that staff has suggested. There are a lot of conditions, but a lot of them are very much the same, especially dealing with the storage building. We don't have to reconsider those. But everything else is acceptable to the applicant and we urge the council approve it as presented. Thank you. Any questions? Yes, ma'am. That's why the Waterford HOA is, of course, remains their Waterford HOA, the people who want to say, own this is commentary, would be conveying those portions to the new developer and it would be common area under a separate HOA 4 Jackson's run. There will not be the same. They're not going to vote or not going to have common membership or anything. It would be a separate HOA. OK, thank you. I'm going to have a question. Yes sir. Yes sir. What condition are we heard to? Are? What are the? Oh. Yeah. Yeah. I think it's. Why? The. The. The. The. The. The. The. The. The. The. The. The. Yeah. Yeah. There has been extensive discussions with our public works, our fire department emergency services folks about this proposal and how those things turn around areas are provided. And so we believe that the plan as presented, if this were to be built all at once, we would have no issue with turnarounds. Condition O gets to, if this ends up being phased and we have a segment of street that we do not feel that we have adequate turnaround area, there may be a requirement per this condition that that temporary turnaround be provided. So as this plan is proposed and as without phasing, the staff is comfortable that there is adequate turnaround that exists. Yeah, that's an area that we we spend extra time with our part department and our sanitation folks to make sure that they were comfortable. And we have sewer easements here as well to make sure that we could get our equipment in and get turned around and everybody has signed off on this proposal in terms of those access points. If not, and this is more so again, if this ends up being phased and we're segmenting the streets that we have an ability to get a temporary turnaround. So does this money is getting at that area first and the body money on the air is That's a good question forward for the applicant. When that connection road would be removed, it would be re-graded and taken back to a natural condition and through that area would primarily be grassed, what would make the most sense that's in between those two ponds. And the sidewalk does remain through that section that is there currently. It would be taken back to just the natural grass area as far as that goes through that roadway. It's gonna be part of the common area of that homerge association. Yes, ma'am. They're gonna be responsible for maintaining all that common area, which there's significant common area there. That's correct. It's part of where that dividing line of the property is. You know, they're going to maintain everything from their side of the property. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. There was a section in here that said something about a boundary, the construction of a barrier, the otherwise terminated to two. And what we were hoping is that, and I have a couple of pictures of things that you've already. So we were thinking, we were, we would be satisfied if you could just, when you're in there with heavy equipment, carrying the pavement pavement up to just take some of the boulders that you already have in the back area and just put in there and we can landscape around them. Is that good? Is that okay? Yep. Is that okay? Thank you. There is a sub division sketch component of this request. It may be make the most sense to dispatch with the conditional use permit and then we can move into the administrative subdivision approval. So I think it would be appropriate time to move forward with the conditional use permit matter before you. Okay. So we're already in the district, just before we work. Yes, sir I have a second. What was that? Okay. Thank you. Thank you. Thank you. Thank you. You didn't speak. Thank you. Maybe it's really early. That's a lot of work. I mean, actually, it's like, not a day. Oh, I thought that would be in the studio. That's what I'm going to do. I'm going to actually be a second. Oh, I thought that would be. No. All right. I'll just touch. It's ready. I'm just going to follow this. Follow it. I'm just going to stick to this. Um, stay here a little bit longer. Um, okay. Okay. All in favor say aye. Very briefly, Mayor. Just to go over the subdivision component of this, we like, like we do with the site plan, we reviewed this for compliance with the city subdivision ordinance. We do have some comments that we would like to be incorporated into the subdivision sketch design approval. They're not a typical with what we typically propose in terms of H.O.A. documents being recorded, but the final plat. And we point out no final plat. It will be approved unless and until public street access to forest park drive is provided. There's a maximum number of 30 dwelling units that can receive COs with a single means of forest. the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of The engineering will be required prior to any final plans within the Jackson's run component. We'll need to see some construction plans prior to starting that development. The county schools, as they did previously provided us capacity, comments related to the randomment schools. And again, no additional improvements were required by the, will be required by the state. I think the driveway permit is still pending and needs to be obtained. But noting those conditions, staff and the plan board both recommend approval of the subdivision sketch I'm going to do the first one. I'm going to do the first one. I'm going to do the first one. I'm going to do the first one. I'm going to do the first one. I'm going to do the first one. I'm going to do the first one. I'm going to do the first one. I'm going to do the first one. I'm going to do the first one. I'm going to ask you a few minutes. I'm going to ask you a few minutes. I'm going to ask you a few minutes. I'm going to ask you to leave. If anyone in the room has a letter that's a council, in the public area, both are in third round. All right, Mr. Armstrong. All right, Mr. Armstrong. All right, Mr. Armstrong. All right, Mr. Armstrong. All right, Mr. Armstrong. All right, Mr. Armstrong. All right, Mr. Armstrong. All right, Mr. Armstrong. All right, Mr. Armstrong. All right, Mr. Armstrong. All right, Mr. Armstrong. All right, Mr. Armstrong. All right, Mr. Armstrong. All right, Mr. Mayor, City Council members, Katie Lee. Congratulations on that win. Keep the good work up. What I want to say to the night is we're going to talk about this OPMU very briefly. In Ashburg this year we had already 89. In random we had 74. In Rant and Arsdale we had 93. Trinity we had 74 and Archdale we had 93. Trinity we had 50. Cigarot we had 4. I'm going to stop there because I'm touched by these two that was on this page that I detained. It was 84 year old lady in this county this year. She ODed on the Opium she took too much to much of the Opium she died okay council members we need to take a better look at this situation we need to understand that we got a serious problem we got to quit looking the other way we got to quit looking the other way. We got to take this seriously. And then on top of that we had a 14-year-old child to die. That's pretty bad. That's pretty bad. A 14-year-old child died from opium use. So I'm asking the City Council of Asheboro, we need to take a greater look at this situation. Mr. Mayor, I want you to help me. I got some people coming down from High Point, North Carolina, next week. And we suppose to sit down and talk to some people I would like for you to be there, if you can make it. Okay. My next thing is that this, a historical thing. I the last time I was here about the Storkle part of town, the Martin King Drive, Mr. Carter, I mean, Mr. Carter, I think you said that we got other projects. Well, we had 10 years to fix this problem, 10 long years to fix this problem. I'm asking the City Council just to look into it. Just take a chance, I mean, not a chance, just go over there and look at it and see what you can do. Okay? Just see what you can do if you will. If you will, okay. But this other, my other problem is that I bring before you tonight is that King is calling a problem. We still got that problem up there. Last time I was here, we was talking about it. We need to do something about it. Don't you agree, Mr. Bale? We need to do something about that problem. We need to do something about it. And our park downtown here, still the same, still got the homeless people or whatever you want to call them. They still create issues. Okay, worse. Yes, sir? Yes, sir. They even got to the point now that whatever you want to call them, they steal creating issues. Yes sir. They even got to the point now that they're sleeping in the park and using the bathrooms in the park. But I'm asking to see the council tonight. Let's work together and I know you want to go home. I'm tired and I gotta dress. Whatever you can sit down and talk to Mr. Jody Williams about or come together or whatever ordinance you can pass to do about the problem in the park. I'm pretty sure that y'all can come up with the city attorney and find out what you can do and what you can't do. But- Okay. Okay. That's a little band-in from the park once they've been charged with a mission of a year. Right. That's one of the big tech open of the city. And if I'm not mistaken, you are a really processing element. and we're going to process and build the plan. We're going to go through that job. And that's great. One piece of plan B. And we're going to make the plan more difficult. Okay. So there's pro-Africa. So we move and that's great. That's great. But anyway, I want to thank you for my you for your time to listen to me tonight. My opinions, I hope they meant something, but we got to do something, City Council. We got to quit looking the other way. Mr. Armstrong, yes, sir. I came for that issue. I'm not going to be cheap, it's actually a big pro-active up there. Right. We can't pay a police take and go in and right right and we're building files and we're building files and we're building files and we're building files and we're building files and we're building files and we're building files and we're building files and we're building and your frustration is we all are frustrated. But we have a certain constraint. And if you were the property owner there, it's easy to say, well, I wasn't allowed. But it does happen, and we can't go in there and take it or close it down just because we're frustrated. I understand. If a tenant knows a system of messaging to the 75 days, it's going to be big. I understand that. But the thing of it is, if we're tiring up our- I'm not tired of it, basically. My thing is, I understand what you're saying. I know it takes years and years to get this in place, but the thing of it is that we're tiring up our good law enforcement up there. I mean, I mean, I'm just saying. Yeah, I'm just, yeah, we're tying up our good law enforcement for some little stuff, but this, this King's corner is a problem. It's a problem they had almost a fatal stabbing up there that I know of. The kids are running racquet. They don't have no kind of supervision, but I'm just bringing this to y'all to just to see what you can do But this is what I'm saying we got to come together as a community our churches whatever we can do to come together as a community, our churches, whatever we can do to come together combat this problem It just ain't just one person's problem, but I'm coming to you Pleading to you to say look hey city council. Let's do something. Let's do some about this problem talk to your People you're church that maybe go out in the community and talk to these people We got to do something we get just can't keep looking away like it's nothing We even have one over on low street this past week. First week in November. James, I don't think any of us are looking away. I've ignored the problem. That is not the problem. Wait a minute, I ain't saying it. Wait a minute, I ain't saying you look at, wait a minute, I'm not saying that you're looking away. I'm saying we gotta come together. Well, let me back up we got to do something let's put it that way we got it we got to do something okay yeah understand If it would help, yes. If it would help the problem, if it would have Yes. Right. Right. Right. Right. And I could not, let me back up there, I could not make that meeting, but I'm on a bigger task force than the Randolph County thing is. I'm dealing with some other counties and some state level people that I talked to. That I talked to, that's got more to spend. Wait a minute, don't miss Carter, that I talked to, that's got more to spend in your task force to jump with together. So, I'm just saying, I'm just saying. Well, I've been talking to a lot of people, okay. I've been talking to a lot of people all over the state about this problem too. I talked to them daily, I talked to people at a high point, I talked to a lot of people. But the thing of it is, we gotta learn, we gotta come together some kind of way. We gotta come together, some kind of way to come together. And City Council need to go to the means too. Go to that. You say she's going next time. I'll try to make it. I will try to make it to that meet. But my schedule is killing impossible, sometimes I make it to these meetings. Because I deal with the funeral home and I. It's kind of, it's kind of, I don't know how many of them are there, maybe this one's a month, whatever, so that each group has the head of schools, they have cities, they have counties, they have professors, they have people who have been saying everybody was like, you have to be careful that we don't try to raise them in a wheel, or start a battlefield, when you got one wheel, it's going in that way wrong all that, okay. How important is it that it is that how many of you had a fight together that first week? Okay. Okay. Okay. So that brings it down to us. And then why don't we think what happens to us? And I'm not just from a never experienced that we deal with growth that is not just the seed, we can't see in our other cover cops in it. Because they all know that they all know. So we have to work with another seed where it's there in the cover cop, and we send hours as they are so they know like other they all. And it's in our demand. Some of that stuff are to the general, ever to the state, and to the end of the empire in the land. So this will get you to make it a man and we're all, we're going to do these things, our hands are tied, so they might be one of their differences. For some of the most. The county act of the G.I. Delta, what he's done is we've been home with all of them for a while. We've had a chance during the British D.I. But now, and he's been there at that age. is that in each circle, I don't want you to think that we're not doing anything like that. And then what's extraordinary is, the most successful way that I'm back to young is being sick is to feel and be good. And what you do with your house, you stop the matter from the next old bread. What I did with my house is stop the matter of bread. It's a whole lot different than a whole family. It's the government deal on all the roads where all the people are family and you know, the doctors are on the same thing. One thing I've learned is my last week, um, medication, is that not only are they putting the doctors for cutting the restrictions back, they're not giving them a perfect spot. They're not given on the birthday spot. They're only given on the hand-dice spot. So that's another entity. All that's going to be brought up often for people like me, because the hands near are on the bike to work. Then we're going to get back to the work. And they're going to work on it. We're going to have a prestigious family for our collection. So're working on this. We're working on this. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank that's probably the only way that has been having policy derives to the police and other people should not be allowed to do so. That's probably the only thing that he has been having policy derives that has been stated as a matter of fact, since it's available to public. Anyway, thank you for your time. Good night. Okay. Okay. Go along. I have a six. Michael. You're six eight. Contact awards. Thank you, Mr. Mayor. I'll try to be brief. You have in your packets the tabulation for proposals received for the HVAC replacement for this building, the public works building. Two proposals were received with the lowest being Charlie's heating and cooling for $53,640. You have before you request authorizing the city manager to enter into a contract between the city of Ashboro and Charlie's heating and cooling for the above mentioned work deviation to just the other one. So, there's no greater mitigation of the spread. And we move that. Thank you. I was just a little check. Thank you. Thank you. Thank you. The discussion on the virus I asked on both of the cases. Thank you, Mr. Mayor. You also have in your packets the tabulation for the quotes received. For that, I'm a query gymnasium. Windows two quotes will receive for this as well. The lowest being ABC supply company, incorporated for $45,698.74. You have a request authorizing the city manager to enter into the contract between City of Ashbur on ABC supply for the purchase of the windows and staff recommends approval of this as well. I have a question. How does that not fall from 100% more, are you comfortable with the first? You probably wanted to do something the first day. Yes, we got ABC supply is also what we did for City Hall. I believe they are... I knew with both of those, that's pretty much what I'm talking about. I believe they are We have received a petition for annexation from Mr. Michael and Julie Moore to annex approximately .4 acres located at 200 Forest Park Street. the parcel highlighted here directly behind the journey church what was the roll about skating rink we received this petition and you have in your packets of resolution prepared by the city attorney that directs the city clerk to take the required action we recommend adoption of this resolution by reference. I'm sorry. Mayor in anticipation of your action, the city clerk has prepared a certification of sufficiency of the petition in light of this certification you have in front of you. Resolution prepared by the city attorney setting the public hearing date for the December 2017 City Council meeting at public works at the public works facility in this room on the question requested Anxation we recommend adoption of this resolution by reference I'm moving to the top of our reference. We have a two-way seating and a four-way seating. And we want to do it a lot. So we'll go to the that I think the next question is to let people be taken to the reasons and things. I think I'll just say those things and maybe get a lot of people to work with them and probably be able to follow up here and do a grant. I'm sure. Any questions about the process? You know, all other things that the process, we accept that. The question is, can you take that too? You have your proposal to be planning a training meeting today going front on you. The only change from the normally employment date to the July, and to the 12th, because of the week before. I live in H. I think I'm showing you a higher degree of inequality than I live in H. So this is what we're going to do. Like that home living on the county. And that will be on your consent agenda. The Air Force is okay, this is just generally speaking And I will be on your consent agenda. The everyone's okay, is just generally speaking, we have to work on your consent agenda, and you send a shot off. Okay. I'll talk with people. Okay, we're getting pretty set, my people. It's just one of them. So, look. You might be in the mayor's office. Is it? All right. by the department as well, the city of the department. Aegis is going for closed usage, fourth flex. I will now take a motion to call the session to the section for closed division, the crown of the section, 143-18.11, and a section five of the final section. I need a motion. I'm going to go with the finish. I have a motion from Mr. Swerves going to close the stage. I'll do the discussion. I'll go with the finish. We'll have a second. Second. We'll have a second from Mr. Bergs. All the fires I have? I have a timer. We'll have a little bit more conversation. I'm going to go ahead and say hi. Hi. Hello. Okay. We're going to have a conversation. Um, I appreciate it. We're here. Hi.