Good evening ladies and gentlemen we appreciate you being here for our Thursday August 4th Council meeting for the City of Ashbrook. We will start our meeting tonight with a moment of silent prayer and followed by a pledge of allegiance and I'll ask you to stand for that but I'd like to make mention of it back but we have two empty seats tonight at a council table. Councilwoman Jane Redding, sister, Terry Hamilton passed away this week. I want to remember that family, the Hughes family, the Redding family, Hamilton family, and the prayers tonight and Councilwoman Carter just got to feeling a little ill this afternoon and I think she was planning to be here but decided she feels like she's catching something and decided to stay home tonight so we have two empty seats and I hope you'll remember these people in your prayers if you will stand and join me in on the side of prayer invite you to pray in any manner that you are comfortable. Thank you. I'm going to go to the United States of America and to the Republic, which is saying, one nation, under God, indivisible, with liberty and justice for all. Thank you. There is one seat right up here on the front of somebody else to come down and take this I'd like to first call on Police Chief Johnny Williams to order a race of retiree from the Police Department. Chief Williams. Thank you, Mayor. Ladies and gentlemen, Councillor, audience, it is my privilege to this evening to announce a retiree. and also retired. And that's Tim Warner, please go look. He actually lived with a lot of local children. He's already a piece of retired, which is really official tonight. But Tim has served in our patrol service, SLO, he has served as a super volume, and a park ranger, and the good outstanding job for us. So I just want to take this moment to tell this family thank you for your sacrifice to get into this. Now we're going to give you back to you so that honey you miss can get done. See how many don't we as very long? You know that's it. There's some good love things on this. Presented. And I think people who love this is the end as a token of our gratitude for your loyal service and friendship. It also expresses our appreciation for your standard of excellence for the years from almost one in 2002, almost one in 2016, and for the principle. Thank you so much for your service. I'm going to move to our gratitude as he is actually service with. One more, one more, from the mayor of the council, from the citizens of the large. This is the visual retirement flag, isn't it? See, I'll only consider it. I said, Timothy Molo, the president of the emergency program, the police department's police sergeant in the group. 13 years of dedication to the city of Asheboro. I would, but that doesn't, you don't know, that ten of these also retired from the US Navy. So he got a whole lifetime of service to the country and it seemed that we're just lucky to have known your team. I said last month that she won one of our, one of our tireys that they had. Or in the paper, us enjoying the Hall of Fame, the Hero Wackere, only group enjoying the Hall of Fame, a good luck here, only group is enjoying the Hall of Fame. Thank you. Thank you. Applause. Thank you. Chief, I believe you have another item on our agenda. Yes, I just want to take just a very brief moment to express my gratitude for this city, for the council, for the National Night Out on Thursday night, on Tuesday night, August 2nd. It was the greatest success ever. Between eight different meetings, we had between 700 and 800 community residents come out to celebrate National Night Out. And everywhere I went, everywhere I went, I heard positive things. I did not hear not one negative thing. And the one thing that kept ringing through every time I went to some more different was things are better. Things are better. And that was music to my ear. So I am so appreciative tonight of just the success of this city, because it's a joint effort. There's not the police to bomb it. It's a joint effort from the community, it's a joint effort from the council, it's a joint effort from the public works, to the fire department from all of us. And I am just so happy. And thank everybody for showing up. Thank you. Thank you. Thank you. If I may add to that, I would like to thank the Chief and the police officer, President for the attendance. You guys were well represented all over town, just over 30 officers. And the fire department was well represented. Council was well represented. So it was a nice night out. But people understand that Esperer cares about their communities and we're trying desperately to keep our neighborhoods as neighborhoods and where neighbors, no neighbors. So thank you very much. Anybody there would just say thank you. Okay. We have some special doings planned tonight for our All-America City award. You see up here on the upper left hand corner, that's fairly new on any city videos, like polls downtown, anything and everything we can put it on. So tonight, you have a saying the the end though, I can promise you. But we're going to do some celebrating tonight. John, go right ahead. Okay, thanks very much. I'd like to ask the team to come up first. Our team must have been came on our team. By the team's coming up, I just want to give you a quick backs about the All-American City Board and the National City League. The National City League is the oldest municipal organization in the country. It was founded by some obscure people like Teddy Roosevelt, the Rockefellers, and its four community and civic action. Not necessarily a government program, but city action and make it your community better. This is our team, most of our team. We had young people from Camante, O.F.D. old guys like me and the mayor, so when you watch the video, when National Symmically or go to YouTube, just Google all of America's City Asher for 2016, or Better Yet. I mean, a week from Saturday the 13th to the downtown movie in the park, you'll see it the video, you'll see our team in action. So it's great pride, the Mariner or Fortune or not, along with Justin Luck from the city to have been kind of the captains of the team. These folks get all the work and they can work on the work. We have a gift for, our team members are up here, but also we have concerts in the audience. We raised more than half of the funds that they go out there. So, my mother home found out Walker, the school system, Dr. and the other government here too. But thanks to Walters, we've been break down, so I just snuck on any time in here. I think my father-in-law was on the board of adjustment a real long time. Not that way. So if you guys want to come up here too, we have a gift for you. So I said, you know, with the Mariner, it was a great, a great personal experience and a great professional experience, but we really gained from it is a relationship with these people on our team. We remiss if we didn't talk about the 2015 team. I think we finished 11 at a team, at a big team, and we were 11 and that was pretty tough. I'll say this was a lot better ride, play ride back this time. I'm not going to be able to do it. And again, I just followed up from the national civically. There are in the United States, there are about 78,000 local governments that includes independent fire districts and school districts and water and sewer districts of that 78,000, 19,000 are a city's towns and villages and of that 19,000 less than 700 have won this award. So I can't go to these things. That's the mayor that come up now. We have one permanent program here on this, but we'll call the other shields. We've got them there at the end. If it's not nailed now, we're putting a sticker on it. I'm not gonna put it on. The mayor, and I'd like to involve the come up as the MC of our group. If you're not seeing the video, and there's been a video posted to the Kurt Chiggy website that was taken by Shane Bryson from the audience. The official video that we just got hold of will be shown in the park on the 13th of the night, the free movie. But that video was by a staffer with the civically and it shows our awesome TV show hosts and you know his entertainment by you you gotta see the video I just gotta tell you really need to see the video and I think you can find that on YouTube also. The new video, four years ago, actually in 2010, we created an award called Pride and Asperer Award, asperer Pride Award, to give to people that demonstrated an extraordinary amount of civic pride. And people that have awarded this, Susan Harold, artist, Ricky R. R. R. is a cemetery tour of Bob Langston is a former winner for his work with Mick Sweep and Tray's in seat. On the east side, Larry Kensley for his work in development and rehabbing of Old Building, Tennessee, and SBRA, the Fall Conference family for their work on the set-wick property down here on Solid Variant, and the newest winner. Bob, I want to present this. All American City team 2016 is a newest recipient of SBRA Proud Award. and he was receiving a VASPR problem award. And let us first. What you see standing in front of you is a team built out of collaboration with many, many agencies in Nashville. We're represented here by the city schools, by the partnership with children, the communities in schools, the White County Council program specifically, RCC, live ZA. It was a, and what specifically was looking for was the collaboration and partnerships to ensure that our young people are prepared to succeed in life. And all these agencies, and many more, prefer to enterour application, but in the trip to Denver and the finalists, when you get to highlight three programs and the team was put together to specifically highlight those three programs. So I'm proud that you've been a part of this team guys. Thank you. There's one person who's not here and we mentioned this on several occasions. We call our 22nd member and we're actually 21 of us that made the trip out to Denver this time. And Elizabeth Mitchell, United Way Director, helped out in what he said cannot count. She got in touch with a lot of these folks to make sure that we can pay for the trip. She co-wrote the script with this and everything else. And so even though she, physically, she was not able to join us. She was there the whole time. We were sending text messages back and forth. We invited the award ceremony. She was the third time. We were sending text messages back and forth, provided they awarded Sarah Money. She was the third person, I sent a text message to the student, said, we won. And they were briefed and they were fast because I've sent them a lot of them. And it was... I didn't even get to talk. But anyhow, so, if you see a little bit their three or four-year folks that are not with Justin's not here right now and kind of like that. But it was an amazing trip. Last year we went out and we did not have to play the game. We took free time, we wandered around Denver and things like that. This year we went out there and I told this crew their last rehearsal before we left. We are not going out for Santa programs. We are going out to bring this award back. And everywhere you went we had unique colored shirts. We thought that the green ones stood out like nobody's business. When we wore those Friday night Saturday we had four different colors at one point, Ashboro all over the place. Brian Santos here, I'll point out. On Saturday night there was a talent show and we didn't have anybody in it but Brian walked up to the master's of ceremonies and said hey somebody loves her keys and we in a need to get back and she looks at and says you want to help get them back. Sure. So she gave them a microphone. There are some of us you probably should not do that with. Rhymes on stage and a red ash borough shirt, just like this, all night long in front of the other us and the other 19 cities the entire time. So we were there. they saw our faces on Sunday, I was wearing this color shirt, so Sam and Tony and Texas I took pictures of their presentation and an ask for a shirt and that was fine and then it was really kind of a nice thing. Between the people who supported, whether you were there or not, people who have left. I just wanna say thank you. Thank you. Applause. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Anybody else that had anything they'd like to have? Yeah. We had a good game plan this year. Our game plan this year. Our game plan, we were gonna be on the front row, we were gonna be visible. And every time that auditorium opened, keep in mind there were a couple hundred people in the most of the time. Every time those doors opened, we went to the front row. Every time the judges looked up, they saw Asprom, like your salmon tonight. Front row, we were active in every event. We showed up for everything. We were right out front. We were out! They were all over. They knew Andersburg. We're very proud of this and hope to parlay this into some real tangible benefits going forward. Thank you. There you go. At 630-Serynight at the 560-Stakes, the table will be up there and will be unveiling the banner. Now you think you've seen the downtown banner, but you've not seen the thing. You want to come see the new fire truck in action. And the new batter comes. There are the pigs and fedels in the at Saturday at 6.30. By September part, right before Eric and the Jill come to set up on. Thank you. Appreciate your all-bear here, Dr. Phil. Thank you. All your work. I could see it. Congratulations, I think. Appreciate it, yes. I could see it. Congratulations, I appreciate it. Now we're going to get into the real business of our city council meeting. If there's anyone here that really wants to leave, that would like to leave, would you just imagine to do something? Sorry. I will write that. Hi, come will ring it. I'll sing it up. I'll come on, Tate. Fine. Go off, shake your hand. You are MVP. See me? Have you seen the video? You. Say hi. Have you seen the video? You. Nice. Nice. That's good. It's good. It's good. Come on, I'll sit down, damn. We got to see it now. Hey, Bob. Bob. Hey, Bob? Bob? My cousin, George. Okay. Moving on, Council, if you have in front of you the Consent of Gender, is there any item on the Consent of Gender that you would like to remove or individual discussion? Here none I will entertain the motion to approve the consent agenda as it presented. Mayor, I move we approve the consent agenda as presented. Thank you, Mr. Birx. Do I have a second? Second. Second, Mr. Moffitt. All the favour say aye. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second property located on the south side of Crescent Drive from R40 to CUB 2. Thank you Mayor. Good evening. Before I begin I just will remind anybody wishing to speak tonight that there is a book here at the podium if speakers would be so kind to print their names at the city clerk and accurately spell folks names for the minutes. I know we would appreciate that. This case doesn't involve a quasi-judicial hearing to review the request for the conditional use permit, portion of the request. That permit request again is for the mobile home sales lot. That process requires all testimony to be given under oath. I'll take that oath at this time. It would also be an appropriate time for the applicant or any of the applicant's speakers to be sworn at this time as well. So, following the over to anybody that plans to speak or just to have the applicant. Okay. Just so you're by all know Mr. Mayor when they come out to be sworn they also will list their name here so they don't have to worry about it during the course of the quays of judicial hearing. Thank you. She shall give this council shall be the truth the whole truth and I can let the truth I do And I'll just say if there are other speakers either for again some that decide that they wish to speak we can Have them sworn at that time also anybody in the room that won't get address the council regarding this issue will be allowed to do so. So as you said, Mayor, this is a request filed by Larry McKenzie for McKimick properties. It's a subject property of the request is on the south side of Cresson Drive. The request is to change the R40 portion of the property to conditional USB-2, which is a general business district, and then there's an associated conditional use permit request for a specific use on that portion of the property, which is the mobile home sales law. There is one parcel number involved with this request. Again, we are only looking at a portion of that parcel number which is about 3.4 acres of the 7.6 total acreage formally on the property we had greenhouses and agricultural oriented business. Look at the general overview map showing the zoning of the property in the surrounding area. The beige areas, our mind council, is the corporate limits for the city. The cross hatched areas, which is where this property falls is the city's extraterrestrial world, planning jurisdiction. We zoom in closer. You can see the entirety of the property is outlined in red, and that's a 7.6 acres. The area that is subject to this request this evening is identified as A1 on your screen and that's the portion of the property that has frontage on Crescent Drive. The A2 portion of the property is already zone general district commercial B2. So any use permitted under the current zoning standards could be developed on that lot. We are focusing this hearing tonight on the A1 portion of the property. Provided a typographic map of the area that Blue Line shown is the city's water line. There is not sewer available presently to the subject property. I have an aerial map that's a few years old now that does show some ponds on the property that have been drained. You can also get a sense of the adjoining land use patterns, which as you look to the north is primarily residential to the east. We have a non-conforming warehouse used to the west. We have an institutional place of worship. But generally, as you look to the east and west and to the north, it's generally residential. Everything to immediately to the south and southeast of the property is presently zone B2 commercial. Used Google Maps for an updated version. You can see this is an aerial photograph I believe from earlier this year that shows those ponds no longer on the property. And because this is a conditionally used permit application, the applicant did supply a site plan that gives you an idea of how the property would be developed. This map shows the entirety of that 7.6 acres towards the top of the screen is Crescent Drive, which shows a single driveway coming into the property and a identification of the use on that portion of the property. If you look towards the bottom of the page where there's that office shown in some parking. That's merely for illustrative purposes because there is no review of that portion of the property's development of this evening. But I will note that the site plan does show and the applicant has conditioned that a 20 foot vegetative buffer would be preserved around the entirety of the R40 boundaries of the property as shown on that site plan. And we'll get into some additional conditions here in a little while. So we look from at the property from Crescent Drive, this is looking west, the subject property would be on your left. This is looking east away from the subject property on Crescent Drive. And then this is looking west towards a bend in the road that takes you back to Highway 64. So this is a west along Crescent Drive looking at that bend. This is the view. The first thing that you see is that open field, which is the B2 general commercial portion of the property, to go further away from the street towards the wooded area. That is where you start picking up the residential portion that subject to review this evening. This is a view from the front edge of the subject, probably looking east along Highway 64, and then a view looking west along Highway 64. And then if you looking west along Highway 64 back towards the town. So as a staff, look at the rezoning analysis for this. And that's what I'll start with this evening. Because remember, this is a two step process. We look at the rezoning request. If that is appropriate, then you get into the conditional use permit side of things. But so we'll start with the rezoning, one of the primary things that we look at is the land development plan which projects this property and those immediately to the east and south as suitable for long-term commercial and economic development will note US how 64 is a state maintained boulevard, one of the highest classification streets in our network, Crescent Drive. On the other hand, as the state maintained road, that is approximately 16 to 18 feet and width. Again, the portion of the property zone B2 is not part of what we're looking at this evening. That portion of the lot may be used currently for a mobile home sales lot, subject to compliance with current city zoning requirements. In your packets, I'll also note that we did receive written comments opposing the request. We have included that information in your with your staff reports this evening. Zero in on the some of the goals and policies and recommendations of the land development plan. Subject property is noted for commercial land use. It is in an economic development area. We've included six goals and policies that we believe generally supportive of the request are two, the ten to be negative towards the request. Overall, both the staff and the planning board felt that, due to the commercial designation of the property on the land development plan, and this request consistent with consistency with how the e-small area plan, along with the fact that there were no negating environmental factors to limit development. It's an economic development area per the plan, and combine that with the fact that we did get a conditional use district requests, which can address some of the specific development issues and hopefully ensure more compatibility with surrounding land uses for those reasons, staff, and the planning board recommended approval of the rezoning portion of that request. and the planning board recommended approval of the rezoning portion of this request. Now if we turn to the conditional use component, I'll up on the screen, I've noted the applicants provided conditions and they include that Crescent Drive, the sole entrance is to be gated and locked and limited to employee use and emergency vehicles. Delivery of homes to and from this entrance would not be from the Crescent Drive entrance. There is a condition to maintain a 20-foot buffer of existing natural vegetation around the development perimeter except for the area that's going to be to and of course except for where that driveway would access the property from Crescent. Typically, I've included on your screen what the standard zoning requirements for landscaped buffer would be and this proposal does meet or exceed those standards. We've taken those applicant conditions and have just tried to clarify them as best we could and so the We've taken those applicant conditions and have just, um, Claire have tried to clarify them as best we could. Um, and so we, the, the wording has changed to some degree. We, we do note that in areas, well, well, a 20 foot perimeter buffer is being proposed. If it turns out that after development and upon inspection, we find some deficiencies that they are not complying with the type C, um, screen or buffer requirements that additional vegetation and screening may be required in those areas. We've also noted that as far as access from Crescent Drive, a suggested condition from staff would be that not only delivery of homes in and out of the property, not use that Crescent Drive location, but that solid waste pickup also being prohibited since the applicant's condition was focused on emergency access and employee access. And then as always with the conditional use permit application, the recordation of the memorandum of land use to get this permit in the chain of title was the last condition suggested by staff. So I did note as far as the staff and the plan board's recommendation which we look primarily at the rezoning portion of this because as you know the conditional use pieces is to be determined after you hear testimony under oath this evening both the plan board and the staff do recommend in favor of the rezoning portion of this request. Lastly, I'll put the required findings of fact that are needed in order for an applicant to obtain a conditional use permit testimony on these four facts must be adequately provided to your satisfaction and that is the applicant's responsibility to do that. So just as far as actions and items go, we have the rezoning portion to the conditionally used B2, as always a consistency statement that needs to go along with whatever you decide on the rezoning piece, and then the associated conditionally used permit is the third piece of this question this evening. I'll be happy to answer any questions, Mayor. Thank you, sir. Anyone having questions of Mr. Noell? Clarify. Well, I'll put that in the conditions. Excuse me, go ahead. Read along. Well, and we can deal with this as a combined public hearing. We can deal with those now, or let the applicant present his testimony. It seems to be very germane to the whole prince. There was a written commentary that I guess amended the the side plane and that the driveway access will be clear. I was understanding that it's just for emergency or in full ways not for home delivery, not for heavy vehicles garbage truck. That's correct. Okay. So that traffic would access to the city. Right. When the plane was a press that were considered. Yes, sir. And so we did our condition. If you look in the staff report, actually says not with standing notes on the plan otherwise. You know, this is the condition that applies. We originally, you know, there was some discussion of allowing that for home delivery. And then that was then subsequently changed. than that was then subsequently changed. Any other questions? Thank you Mr. Nuddle. Mr. McKenzie, I guess you really speak to this request. Mr. Mayor, Council, first of all thank you for hearing this request. I will address the four facts in a minute, but I want to touch on one thing. The neighbor's biggest concern was the using the back entrance. They have withdrawn that. The OT has agreed to give an oversized driveway in the front to get the homes in and out. So all those issues have been handled and I think most of the concerns of the neighbors, we know we have under control. And as always we'll do our best to be good neighbors and try to make everybody happy and we certainly would never try to damage anyone's property. Okay, so but I will address the four facts. The use of this as a home sales will not endanger the property of others because there's nothing being manufactured here, no hazardous materials and no late or after-hour activities. The use does meet all conditions and specifications of the City of Ashburrow and the long-term growth plan. The use will not damage the property values of the surrounding owners. There will be the wooded buffer as we've talked about around all the joining owners. The lighting plan will meet the city code. And the sales office hours will be during the daylight hours, so they'll not be having late night activities around their homes. The land development plan calls for this to be commercial use. And on Highway 64, if you can't develop on Highway 64, I don't think there's anywhere in Ashbury you really can develop. So, you know, we feel like that the use that we've brought there would probably be the less traffic that they could have from anyone. And then, like I said, as always, we'll take pride in the property and if there's issues with it, they know where to find us and we'll correct it and make it right. Okay? Anyone have any questions? I'll be glad to answer. Any questions? Any questions? Any questions? Any questions? Any questions? Any questions? Any questions? Any questions? Any questions? Any questions? Any questions? Any questions? Any questions? Any questions? Any questions? Any questions? for this request. Mr. Mayor, I apologize for interrupting. While Mr. McKenzie was the one being addressed, would you mind for the record addressing whether or not you accept the staff suggested conditions? Yes. We do accept the staff recommendation and we will comply with everything that they have come up with, OK? And there's one other question if you don't mind, Mr. Mayor. Right, yeah. You provided testimony earlier about no damage to negative impact on adjoining values property. That generally will go into the area of expert testimony. You're a developer about trade, is that correct? For the record, could you tell the council how long you've been in that business and your experience with impact on property values? Well, I've been doing it for over 25 years and to my knowledge, we have never impacted anyone's values and no one would we ever, and I don't see, I don't see where damage could be done here. Thank you, sir. Thank you. Make sure. Okay, is anyone in the room that would like to address the council regarding this request? Against the request. Okay. You need to come up front. Actually, you're closest. You just stand right there and be sworn for your testimony and sign her register. Is anyone else in the room that would like to address a council regarding this request? Yes, sir. Just go right on over there. And Jeff, can we swear everybody at one time? Yes, sir. That'll be fine. If you don't mind, waiting, sir, we'll get the name down and be able to win affirmation. Okay. Anyone else who would like to speak? Okay. We'll take these testimonies in the order that you signed up. So, sorry, you're first. And for the recorded record, just introduce yourself. Okay, we'll take these testimonies in the order that you signed up, so I'm sorry, you're first. And for the recorded record, just introduce yourself to the microphone please. My name is Gilbert Edwards. I'm here along with some others to represent Oakwood Park Baptist Church, which I'm a long time member. The church is located on Crescent Drive next to the property being considered full rezoning. I note that I also live in the community on Northview Drive which is perpendicular to Crescent Drive. As the church we have some major concerns that could impact us when the mobile home sales moves next door. We were concerned about traders being pulled on a crescent drive, but I think that's been addressed and that's relieved to know that they will not be pulling them on a crescent drive. Also, we're concerned that the proposed 20-foot buffers-on would not be sufficient to reduce noise and screen out activities that might be going on there. And because our church is located next to a curb on Crescent Drive, we have a problem with cars cutting through our parking lot. We are concerned that a business opening on a crescent drive would increase the traffic and the problem with vehicles cutting through the church parking area. Therefore, we'd like to maintain the tranquility of the neighborhood in our church, we would request that the buffers only be increased to 40 foot. That would more like it to be screened out to any noise or activities. And having been addressed that the trailers will not be being pulled in on present drive. That is my comments except say we'd like to thank the Council for allowing us to speak and divorce our concerns. Thank you, Mr. Edwards. My name is Robert Ward. I own property in my home at 272 Cresson Drive. I've done so since May 15 of 2001, 15 years I've been there. My third time before the City Council for Resoning Matters in the neighborhood. And I, of course, assume that it will continue. I'm not against economic development and growth. I'm all for that. I am speaking as far as the safety and privacy of myself and our neighborhood. We've had experiences in the past with the Guardian Self Storage, locating behind the church. There was a lot of truck activity in and out of the neighborhood that did damage to the roadway. It's not very well maintained by the state, I might add. And I always personally have that fear that that will happen again. I do appreciate Mr. McKenzie and the city planning board working to keep the mobile homes off our street because it just can't support them. I measure the street in front of my driveway is 13 and a half feet. Maybe 16 to 18 further on down the road where I am is 13 and a half to 14, approximately 14 to be wide. As far as a gate goes, I think personally I'm opposed to any connection to our neighborhood. I know that, I mean, like I said, progress is good, but I don't personally feel that there should be any type of driveway connection at all to our street. The second concern I have is there is a small triangular shaped, if you look on your maps, there's a triangular shape wooded area that borders my property on your map. I'm letter I. The warehouse. Oh. Yeah, there should be a, I don't know if you've got what I've got. But there should be a map that actually has the property owners listed and They're a lettered a through My I'm letter I H is the is Miss Curtians storage facility, which is next door that triangular Area goes behind her property and does border mine. The problem, I noticed there was a map sent to me. John haven't sent me this the other day and I appreciate him doing that. It showed that there was a corner area that they wanted to leave of that triangular area that they wanted to leave wooded. I would like to request on my behalf that that whole area remain buffered. The problem I have with that personally is during the summer, it's fine when there's foliage. During the winter, I think someone would be able to look straight. If all that were cleared on the commercial side of the property, they would be able to see my property and like I said safety is important to me too and not being able to be seen from the road is important to me. So I guess my personal request would be that that one is a very small buffered area and I did check today and it is presently wooded that the part that it joins my property and that's basically all I have. Thank you. Is that the area mentioned in the sock plane? We'll leave it as it please. Mr. Moffitt, look I believe it's indicated with this with this area. The man behind us, the head of the Corps, just the Corps of it. You've said the Corps, I'm talking about the whole thing. The entire street. So he is speaking about the area that is currently shown, which is currently what you know and that is an area that does a button the legal non-conforming warehouse which maybe why that that's not sure about the government is that whole area would nail that whole triangle yes for my sign line it is I don't know about from if you were standing at this curgian warehouse looking at property would it He would just look at the list right now. Getting his developer to address what does it detail, mate? John Evans asked me what I would leave with a property. Someone in his property would have went back to the UNA Green to leave that area strung on the mat. We went back and put it on the mat. Well, just the corner was shouting and I didn't know if it was that tire straight, which is that? Well, the strip behind, that's Jill and an warehouse of non-conforming commercial property. We agreed to love for your property. Okay, next speaker. I wouldn't ask you to bear with me. You guys do this all the time and we're up here. We do this once in a lifetime. I'll tell us what you need. Okay. My name is Sheila Bagg and I live at 219 Crescent Drive. And I have a question in the material that they bought and the four questions that Mr. McKenzie addressed about this development plan, it's supposed to ensure safety or increase safety or help safety or something. Let me get my step together, get my nerves together. Okay. Step together, get my nerves together. Okay. Uh, we, we very seldom ever have anybody in front of us that's been up here before. You should save me the last time I was wrecked. Well, you know, you just, you're doing fine. You just tell us what you want. Okay, it says the purpose of the adopted land development plan. The meeting is open to public. Yeah, yeah, yeah. you want to. Okay it says the purpose of the adopted land development plan. The meeting is open to public to promote the public health safety in general welfare. I really don't see where rezoning this is going to do anything like that for any of the residents on Crescent Drive. If they even at a 40-foot buffer, the noise is going to increase. The fumes from 64. I know that sounds a little abstract, but everybody's about all the gas fumes and such. Also, should there be a driveway on Crescent Drive? Now, young people, if they're trying to get away from somebody that they're running from, they're going to go the shortest route. And if they can come through there and come to our street, that's what I would take if I was running from somebody. Hold on, I've got some more stuff here. I know Mr. McKenzie has been doing this for years, but I can't see how putting a mobile home lot on our street will not decrease the value of our homes. I think our general welfare and our tranquility on Crescent Drive will be changed. Now maybe not disruptive but definitely changed. I'm not done. I do think that there is ample road frontage. There's 400, there's a little 400-thete road frontage on the front part for Mr. McKenzie to conduct his business. As we were saying when the law person was here, we'd like to keep our neighborhood, our neighborhood, you know. I understand that he's a businessman and he needs to make money, but this doesn't benefit us. And by all rights, we were there first. It's unfair for us to change whenever he stated at the early, earlier meeting that he didn't really care where he went, he had to move anyway. So you know, why should we be disrupted if it doesn't really make any difference to him? He's gonna go somewhere else. Should you decide not to resound? No. Mr. McKenzie. And not Mr. McKenzie. What's the other gentleman? And Mr. McKenzie said, if you can't expand on 64, where can you expand? Well, the commercial part of 64 is fine for him to expand. Just leave the Crescent Drive part to the people on Crescent Drive. And I think I did it and I didn't pass out anything. You did fine. Thank you. Thank you, Mr. Beck. And will you Mr. Reading? Oh, Mr. I like that. Mr. Mayor, Town, Mr. I like that. Mayor Townboard, you asked for folks that were objecting to this. Resolving, I'm not really objecting. I just want to make some points. Point number one, the map, and I think it's been redrawing reworked it says at the very bottom about the gate on Crescent Drive it says it still says on there and locked itself for home deliveries. Now I know what it says in the writing over here but it says that on the map and I'm just being kind of picky. OK, to answer that concern, when we adopt, and then second phase of what our deliberation might, if we adopt conditions to the property, the suggested conditions that were read by Mr. Nuddle would be, those in any other way, if we were necessary, would be part of the document and his suggestion is a locked gate for no access other than emergencies and possibly employees, but it does say a locked gate. And no delivery, is that takes pressing? No, whereas the wordage takes pressing over the map. Right. I just wanted to clarify. This is the same question. Yeah. It's a required file for the city planner and the city attorney of what we were considering. You sure you, I said that often. We're on the same page of what we're considering. And conditional use is exactly that. We put conditions on it that go with the permit and they have to be followed. Yes. I feel like Ms. Beck does. I think I feel like the gate will be abused. But you know that's down the road. How do we know? So I'm not in favor of a gate. I'm not against the use of the property for the sales law, but I'm against the gate. Somebody said in the beginning that there was greenhouses on that property. There was never even greenhouses on that property. It was the adjacent property. That property is not on Highway 64 or some crescent drive. So those are some corrections that need to be considered. It is not part of Highway 64 development. Those lights are actually on Crescent Drive. With all that said, I'm done. And I'd like to thank you guys. And I'd like to say that Mr. Evans is very professional. He did a great job. I was out of town during the first meeting. I came in Monday, I believe, and talked to him. And he saw me right away, answered every question, sent me information. And he did a great job from my perspective. Appreciate you saying that, sir. Thank you. All right now in light of the comments that were made is anyone else in the room that would like to address the count on. Okay we'll move to the deliberative phase. Yes sir go right over there sign the book, we swore, and tell us what you, what's on your mind, please. You have the nothing but the tree. My name is Tony Bale. I live at 272 Cresson Drive also of the roommate of Mr. Wards. He's been very good friend of mine for the last good 10 years And then recently in the last five years I've just actually become disabled. I've had quite a few accidents, heart attack, almost lost my whole leg. But he took me in. When I had nobody in, he was categorized as far as way of me being applying for my disability and having to wait, no income, no food, and the neighbors, my neighbors actually would walk down their grandkids down the street with bags of groceries for me and him to be able to live and survive. The neighborhood that we live in, there's quite a few elderly people that are there and that's what I'm standing here for today. I have a neighbor that lives across the street. I've known her for 10 years. Very good woman is Don McHanser. One of our other neighbors that lives in this community is Don McHidney failure. This street's been disturbed quite a bit by the last zoning for the storage bills that were put in. But I think pretty well I went around with the petition and talked with some of the people that are here tonight. I remain in request, I think, is either one of the two, no gate or a 40-foot buffer, I think, would satisfy the neighborhood. If we could get them both, that would be great, but I know that's impossible. But the 40-foot buffer will keep our nature still in our neighborhood. I mean, when you can get up in the morning and walk in your living room and sit down with a cup of coffee, flip on your television, not able to get up and walk much and watch your news and look out your living room, they win the, and you see a fond from a deer that's out there dense and around in your neighbor's yard. You know you're some more closer to the outskirts of Bad Pearl and the nature of what you want to be around and that's what our neighborhood is now and we just don't want it disturbed if we could help with that 40 foot bumper to go back that would help some of the nature It wouldn't as far as push the roadments our directions also I mean we're dealing with possums we're dealing with all types of wildlife Squirrels, you know you name it we deal with it. We've already dealt with it when Mr. McKenzie clean the property off We dealt with snakes we dealt with turtles we've dealt with it when the agency cleaned the property off. We dealt with snakes, we dealt with turtles, we dealt with a little bit of everything. But our main concern, as I said, is not to disturb our neighborhood. And I speak of, in front, a lot of the neighbors, as far as the elder. Thank you. and from a lot of the neighbors as far as the elder. Thank you. Anyone else? Right here. I'm sorry. Sir, we got a baby at your front. If you don't mind. I think it'll be a front. You don't mind. You have found an agent. She shall give this counsel. She'll be the trace of the whole truth and nothing but the trace. Yes, ma'am. Thank you. Good afternoon. Okay, there's a couple of things I haven't heard addressed yet. That's for the record. Here they are. Okay, I'm Harvey J. Latham. Okay, thank you. Okay, I'll leave it in the toilet. Okay, I'm going to have a 237 Crescent Drive. You go right here. Okay. All right. I see a furnace got a 10-foot screen. And exactly what is a screen? I was going to actually ask Mr. Nuddle to identify or define buffer and screen for us for the benefit of the audience. Go ahead and ask your questions and come back to that. Okay, and the second question is I haven't heard anything or I haven't read anything about a fence. And in the beginning I was all for a 40 foot buffer. You know, that was my goal to get a 40 foot buffer. But that's kind of asking a little bit much because I take to a lot of land. But my big concern was, I could believe it was a 25 foot buffer, I could accept that because it is about compromising. But if there was a fence put up, I would love to see that fence put on the inside of the bumper, uh, uh, or join in the business in that way that I wouldn't have to see the fence or look at it. And also the wildlife would be able to travel in the bumpers on freely, you know. I'm, I like wildlife and the soil, you know, and I like a natural wow, I'm a sail. I'm like a natural environment, as much as I can get it. I really don't see much of a reason to have a gate back there, other than, you know, for emergencies. And if it was a gate, I'd let you see it be a small gate. I'd recommend that. Nothing wide enough for him over home to go through. Crestlin and daddy and St. Servu. Where's that school over there? Does it come back out somewhere else? Yeah. Okay. There's a T. T. In the north, B. All right. So it's not the Northview. All right. So it's not in one way. All right. Okay. I'll thank that's all I brought on my mind. It's time. Thank you. All right. Thank you. Okay. Mr. Hill, for the edification of the audience, was you identified or defined a screen as compared to a buffer? In general terms, both a buffer and a screen is a landscape area of joining a property boundary to provide some visual and always mitigation from a joining land use. In terms of a buffer, generally speaking, a buffer is a wider horizontal distance than a screen with less plantings required within that horizontal distance. A screen is a narrow, more narrow horizontal separation from the property line, but there are more intensive landscaping requirements within that more narrow area. So the zoning ordinance gives property owners the option to either do a wider area with fewer plantings or a smaller area of screening, but in that case they must install or preserve more plantings than the buffer would otherwise require. I think a visual barrier. Yes, sir. Good next, not a barrier. Well, and I say plantings. Plantings is one option. In a buffer, a fence is never one of the options that's provided within a screen. If you take the screen option, you can either do plantings, both evergreen shrubs and evergreen trees, or you can do evergreen shrubs in addition to opaque fencing. So the screen gives you some additional options that you can install within that area. Thanks, sir. Any questions? Yeah. If you could help me with defining this gate, we've put a lot of conversation about the gate. What I visualize when the description of the first example that comes to my mind is that we're thinking sure what else there's a that's actually required, requested and required by fire department for access and all for O-Mac Red. It been, I think the grass is wrong, but the gravels, that goodness, has not been a fire. And I think right off of the M.A.S. fire police, I don't think it's got to keep them, not just taking what they're doing. Is that what we're discussing here? I mean, it's very understanding about it. Sure. What we're discussing here, I mean, it's very, I understand by sure. The, you know, the one thing I would say is that whatever access is provided from Crescent Drive still requires NCDOT driveway permitting. And my guess if the plan, which has not been issued yet, that typically does come later. But if that plan that's presented to the DOT identifies that for emergency service access, my expectation would be that would be a no water than a 20 foot access, and the gate would be provided on the private property. Other uses are not authorized. Do they be authorized? That would be my driveway for customers or something, that's not what's permitted. That would not be what's permitted. And that would be something that would have to be monitored when we would have, if there are violations of any condition, we are, we always invite the public to let us know of that, so we can... The gate over here. ...talks about that. I mean, it's never And it's it is strict doing the emergency gate for when fire trucks have to get in there and the main entrance on Sherwood Drive is locked by a wreck or a fire or whatever Now that now the one difference that you know you'll you'll note on this is that the specific condition says employee use and emergency vehicle. That's what I was looking for here. That concerns me. A lot to get for employee use or emergency vehicles. Just means employee can go out there and then lock it and start coming and going. That's a little, a little problem. My concern. I'm not debating, maybe I'm just telling you what my concern was. All right. Any other questions or Mr. No? We'll move to the deliberative phase of this, the Quest Council. Mayor, I think the objections that again presented have more to do with the conditions of the permit in the additional use part of it, but I think Forte has been met and so I would move that we approve the CUB to rezoning and save our discussion with respect to the conditions of the permit if adopted by Council. I would agree that the consistency statement that our land development plan has presented both staff and a joint motion has been met. I'm the second fact motion. Okay, we have a motion to rezone. Now, understand what we're doing two different things here. We have a motion to approve the rezoning request to CUB2 and approve the consistency statement to go with that rezoning request. I have a motion by Mr. Bell and a second by Mr. Moffitt. Do we have any discussion? This is strictly the rezoning this is putting putting the The reason this is putting the piece of property in a CUB2 district alone, not issuing the permit at this point. That's a further discussion involving conditions. Any other discussion? Questions? All right, I'll call for vote. All in favor say aye. All opposed? Okay. for vote, all in favor say aye. All opposed? Okay, motion carries. This property has been rezoned to the CUB-2 district. Now, the rest of our discussion tonight will involve the conditions and the issue of sub-apermian. It's possible to rezone it. Resurrect. I of not issue the permit. Am I correct? So, it's not a done thing. We're going to talk about how to make this if we decide the issue of this permit, how to make this as less of a truce, at least of truce that it can be. So Council, what are your concerns or comments about the conditions that are listed by it, suggested by staff or any additional conditions that you may have in your mind. Mr. Mayor, have been a decade of familiarity with this particular industry and the facilities both for three years and the re-tiling of them. My experience has been that 10 to 12 units a month is a big up month for these folks and that more often than not the homes on the lot are models. It's what really bulls down to, you know, they can move them in and out but they'll show one and get one delivered straight in the factory is more often the case. They, once they get on there they don't move around a whole lot. But they offer a lot of buffer in and of themselves. I mean, if you use the Oakwood Clayton Line after on 64, there was a mobile home line actually across the street then in my home at one time. And they provide a lot of blind. I mean, you put them, come by the fence, you know, the basement you have, you put them on the fence there. So seeing through them is difficult. I think that the traffic here in Creston Drive, I understand the concerns about that. I believe that was largely addressed, you know, in the delivery of the homes was off the C-34. Nine times sales tends to be impractical because they don't have power in the homes. When the Democrats, I can see that the traffic be minimal when the churches, there are non-existent when the church is open and people at home, so in terms of a type of business that would become compatible on this property would seem, I mean we were looked at the Walmart for instance. We knew that the frontage of 64 was commercial property, that was never really in debate. What's the appropriate depth and how to maintain it? It was the question, that's where we are now. I felt like the maintenance was just remains around, you know, the gate and access, the traffic through the neighborhood, I think the use and the intentions not off the 64s, I think that's been adequately developed in my time, but there are some of the gate. My question was regarding the gains is what if it were not there, my understanding from the discussion I heard from a number of citizens is that if the gate were not there that you can not won't worry about your work. Live with a 20-foot buffer but I think Mr. Ray comes here to hit trade the gate for the buffer or and do without the gate and live with the buffer and I guess my question is, is that, Mr. McKenzie, see the absence of the gate as a detriment to being able to market their property? Well, can I speak? Of course. It would be. I've heard you've got a very sweet, nice problem. Before Mr. McKenzie speaks, I want to ask an additional question to go with that, since headings in the room with us. Getting a fire truck in and around a mobile home sales lot could be a challenge. If you have a particular fire, vandalism, whatever from one home or the other home or something at the rear of the lot. I've got some concern that the absence of the gate from our purposes could be a detriment to the neighborhood. Now, that's just, you know, to have access to, I would think that back to the Sherwood Oaks, I've been using what we had in our family. Having said that. Mr. Mayor and Mr. Kenzie, I apologize. Mr. Mayor, I think there is one thing. Just looking at this from the perspective of how a third party reviewing the record would view it. My inquire of you, if you're willing to, whoever would like to speak, when we're talking about a trade-off and not having a gate, is that shorthand for you don't want a driveway cut at all versus no gate because there's been a reference to no gate. And I'm not quite sure if that's the reference to you don't want to access it all because if you leave a driveway cut, people can still come out. You understand why I'm trying to clarify the record if a third party is looking at it. Right, but if people say they don't want a gate, do they literally mean you want to If a third party is looking at it. Two driveways are nine. Right, but if people say they don't want to gate, do they literally mean you want to leave that access and have no gate? Or is that testimony going to want no driveway cut? And that was my point of mentioning the fire protection and all is as a practical answer is that what we really want. Is it lack of access? I think we're talking about no access. Well and that's where for the record we need to get clarity from first from the people who are asking for it. Then from there it's better it's in a better the applicant and the fire department can better answer it. Very quick. Let's define what the comments that addressed no gate are we talking about? No physical mental gate or no access? We're talking about no access. And if one of those witnesses could step forward and say that for the record, so it's clear. I apologize for the McKinsey. I didn't get that clarify. No access. No access. No access. Okay. Thank you. So we have defined there for purposes of our discussion that we're not talking about the physical gate we're talking about an access. All right. Mr. McKinsey. Okay. I was going to address Charles. He's in the insurance business. And you're dealing with one of the busiest roads in our city. So if there's a traffic accident in front of this business, this came up. And no emergency vehicle can get in there. Are you want, would your company take 30 homes to ensure that there's no way in? If I'm building 30 townhomes you're gonna make me have a way to get in there. We're looking at the same thing. If the in one hand the city's makin' us do it, you know, over here we're discussing now, blocking us off where it can't be done. So. Mr. Councilmember Swerves, if I could ask you, you're not under oath and you're a decision maker, so it's not appropriate to try to get testimony from one of the decision makers that was going on. If you have knowledge from your experience as a developer and you can provide testimony about that, please do. Okay, well, in my discussion with DOT, they were aware there's two drive cuts on the back of his property. Mr. Dale used that back driveway for his greenhouse business when he was growing on the property. We discussed with him, closed one off, and then when Mike agreed to use it, Mike's words were, I want to have the right to use it because if we set up here and say, I only emergency vehicle and the first time he takes his vehicle out the back, if I was a wreck in front of his business and he was wanting to go home and he goes out in the back driveway, you're going to get a call. I mean, he said it'll be inconvenient to get out of my vehicle and unlock the gate, open the gate, drive through, either way, he's going to go in and out the front driveway. But he did not want to say he would never go in and out the driveway. That was what was addressed. Because there is an effort to get out of your vehicle and unlock the gate, go through and lock the gate back. The gate, the gate, or the chain, or the cable, or whatever blocks the driveway will remain locked at all times. So it essence that would make it an emergency entrance and exit only because there's an emergency on 64. Right. We use the wording if there's a cable there which a lot of people use. Takes a lot of effort to get out of your vehicle and unlock the cable, put it back up when you go through. So I don't see the access ever being used, but if the road is blocked at that place, he would go out to bat gate and I feel sure you would get a call. That was going. Thank you. Mr. Mayor and I interrupt you before and I apologize, that you want to put under as the fire official to ask that question. Mr. Cochland, would you have any comment to the discussion that they add to the discussion at this point from professional standpoint? If you do then you need to be sworn and come up and speak to the council of the microphone. You're from the district council, shall be the chair of the whole district and the government. Mr. Mayor, just from being in the volunteer fire department that serves that area and I know it's expanded and That part of the highway is greatly traveled I can see Mr. McKenzie point of having access out the back of his facility Because where luck road comes into 64 right there. They they do have a tendency to have very serious accidents right there they do have a tendency to have very serious accidents right there at that point. Not knowing that I'm just the people from Crescent Drive I'm pretty sure a lot of times you get traffic looped around through their airfits right there at that intersection because they will redirect the traffic because it comes out on the east side of that property also. Also from the fire point side of it, like Mr. McKenzie said, the facility that was across the street that is now on the cornerback in law, have had fires there. It is great for us to have access because if it to get back there to it, it would make it easier from that standpoint. I can see the citizens concerned, but like I said, if it is just locked and maintained for emergency use only, or if the owner had to get out that way, I could understand seeing that point. Thank you. Mr. Mayor, first we ask, could you give us your title, your rank, your years experience? Edicottman Assisted Chief with Ashboro Fire Department. Thanks, sir. I understand that I don't have a vote. I will make a comment about the suggested conditions. And I'm talking to the council now. I'd like for the council to consider that specific condition to be amended to something that addresses strictually emergency use. There I have made note that Bernie suggested the addition of the behavior it says employee use, I was going to propose that we highly draft conditions for using the event of emergency for emergency use. I don't know why it's working on like that. It is not uncommon for highway 64 to be at a dead standstill at times because of a wreck. In any apartment, highway 64, many times the people are detuned because traffic is blocked for emergency vehicles. Sometimes emergency vehicles can't get to the properties they need to get to. So I understand the concern about not having an entrance in the back but I would prefer that to be restricted to as you say. I like that wording. Um, the other concern, are there any other concerns with the staff suggested conditions for any conditions that council members will prefer or like to and or discuss mayor with respect to the site plan is identified as a 25 buffers as shown on site plan except for the corner where Warner New Witton says is we her testimony with respect to the triangular sliver and the existing trees and heavy undergrowth is identified but it is not specified in terms of what that width is, what that depth is, right there on the corner of the existing V2 and the top corner of the CUV2 that we just acted on. So I think we need to specify the width and depth of that leaving existing trees in heavy undergrowth. Right? As a show here. Mayor. OK. Yeah. What I think I heard was the front part of the property is currently on BT. Straight BT. Correct. The property to the immediate north of it is industrial commercial existing non-component. The Bay was Mr. Blightham, I think was right. Live to the East of it. And that was the buffer area and most concerned the buffer off the residential. Great. What did the dimensions of that area be? Yeah, that is a matter of fact. It's not identified on the map and specifically here in North, that's a weather, the car. So you can be too. Yeah, of course. That triangle has some dimensionally. that's right. That's right. That's right. That's right. That's right. That's right. That's right. That's right. That's right. That's right. That's right. That's right. That's right. That's right. That's right. That's right. That's right. That's right. That's right. That's right. That's right. That I just, just because it's inability to, there's many of that. And this is how it identifies. Because it does its best by putting in burden like that. What do you want? I mean, in the proposed map, what is that depth and width? How much does this one mean? A web, or else, it's just, this is not a thing about my death. What's your name? John Evans asked me what we did. The corner, Mike is saying he would leave the trees along the metal building because he would rather the metal building not be safe for you as well. Who leaves a trying? Who leaves a buck? Who leaves a buck? I'm going to leave a buck. Extend your 20-foot buck around a corner all the way to Mr. Ward's problem. So I want to talk about here. Take the 24-foot turns, turn right. Go across. Leave it. So that would be... And one suggestion I would make would be that if there are changes that affect the site plan that a additional condition be proposed that an amended site plan that reflects these conditions that you are proposing, if accepted by the applicant be submitted so that we have an accurate record of the deliberations. Oh, Mr. Mayor. Yes, sir. It might be worthwhile to consider. I don't know the applicant's position. I don't know the city council's position. But I think it is fair, as it was mentioned in the testimony, it's fair to say that any use of the property is going to be subject to scrutiny over an extended period of time. It, thank you. For Clay, sir. I have a good statement of the obvious. For clarity, what there is a strong consideration can be made to whether or not this hearing the matter can be continued to allow if the applicant is interested in exploring and refining the request to precisely draw what's your warning so we don't have a problem of interpretation later on. It's not the table after the mic. Because gentlemen are going to move for states moving in the house. They don't know. Well, I'll go find a little bit of a bit of a question. In quite a break, I'd like to ask. We just need to define, be careful how we define this. We're moving to a resolution. I'm going to be calling for it. OK. Back We're moving to a resolution of it. Okay. Back to the gate. I would like to just suggest that that be required in our condition to be a gate, a steel, just a single bar, a pillage, some sort of gate and not a cable, not a chain or a cable. That's what they have over the charler does. That's what I keep referring to because I. That's what they have over the Charlotte. That's what I keep referring to because I think that's what they describe. I just, it looks nicer and it's more, I think, more secure than a cable in a chain. And I would like to add that to the conditions and we'll get to the point where I think we ironed out some conditions and at that point we'll be able to ask you if you accept them and at that point we can either approve a permit with conditions or not. We're good. Not until we get it defined clearly. So not until we get it defined clearly because we have one thing for certain on the conditions. We have the staff suggested conditions. We have the proposed text on the employee and the employee access in the event of an emergency. That appears to be very well settled. The exact language of the condition we're looking for otherwise, as far as buffer and what you just described, that we make sure we refine so the applicant knows what he's agreeing to and the staff knows what they're enforcing later on, particularly if we're not willing to amend the site plan to make you clear for everybody. What's happening? If that 20 comes right there, and it goes 20 put, the distance of the light on property is left on it. Mr. Moffat asked if we were to just draw a 20 foot boundary along the warehouse property of the warehouse. That would extend that 20 foot buffer. The issue that we would have potentially is that I am not certain that the R40 portion that we're looking at this evening that we can apply conditions to is in fact 20 feet wide at its narrowest. I think for simplicity the easiest thing to say would be retain vegetation along the R40. The R40. The B2 part we're not even addressing. Yes sir. And so I think that's the issue right there. So if you if the condition be that a 20 foot buffer be provided along the western boundary of age and the entirety southern and preserve the entirety of the existing buffer within the R40 portion on the south side of age I think we would then be encapsulating that triangle and the triangle is on whatever it's with the triangle is on our form or not. Yeah it does look and if you look at the aerial photo and is the cyclan as well it is it is zone R40 and the request we heard from the residents was don't disturb the trine it is zone CUB2 right correct it has been put in CUB2 so normally R40 and what I heard was he was willing to disturb even the last but we can't require that it's not in this request but we can not disturb the trine we can not disturb the trine. We can clarify that, that's definable. I'm going to try to see if I can. The trine goes about 20 foot, going in this gentleman, and it's about 12 foot on the other side. What you're asking for is less than we already did. That's what we just don't have the authority to accept what you offer. So if you look at it and I don't know I'm hoping that this will appear on your screens. But you know the idea being that all vegetation within this area within the R40 portion of the property be preserved. Correct. That sounds definable and within the confines of this requested action. Would that satisfy council? Yes. It does may. Yes. And the mayor I may propose that in addition to the previous language with respect to the action deed. If we say that the entrance along Creston Drive shall be gated and then add by means of the metal gate and remain locked. I think they call it a metal trowel triangle gate. I'm not a picture of it. I know it's possible. I suppose to get. I mean, I mean, I'm actually getting. I mean, the manufacturing program. And it says, all the way, speak up. She'll not be, but you're crushing drive insurance. Sorry. All right. And we're comfortable with what we've got here in the way of suggested conditions. There's a six out there. I'm not sure if I should. I'm not going to. I'm not going to. I'm not going to give and take tonight, so we'll make you one more time. So, nothing has been determined other than what they offer for a 20-foot buffer. Some have suggested 25. The gentleman with the church is I think he suggested 40. I would like to see at least at least a 30-foot buffer myself. I didn't bring it by I took pictures of 20-foot this this room here is much wider than 20 feet and a 20-foot buffer, just I don't think it's gonna do it. I'd take 40 to give it to me. And just as a point of clarification, this is not to be a negotiation, it's what is needed to meet the standards and the conditions are only to get the council to the standards Once the council's determined what they need to pass the standards then the applicant is asked do they accept it? That they don't accept it is rejected if they do Yes, it is our opinion the 20 foot meets or exceeds the standards, but remember, that is why we added some language in the condition that supplemental plantings would be required if it turns out that there is a deficiency at any point within that buffer. I'm going to move here. Mayor, I move here to adopt the conditional use permit as amended during our discussions relative to aircraft B and the language proposed with the manufacturer of metal gate and only for employee use only for emergency purposes and that the entirety of the CUB2 district along the B2. Buffering B, existing vegetation be left within the triangular portion as shown along the parcel. I don't know how that was. Partial H is shown on the map. Okay, we have a motion. We have a second. Second, Mr. Moffitt. Motion-baby. Maybe I'm Mr. Sorry. I'm saying I'm going to miss the Muffet, motion baby, maybe I miss the bell. Further discussion. All in favor say aye. Aye. All opposed. Motion curious. Thank you. Sir, I believe it's the appropriate time to say the neighbors will be watching. So I know you and Mr. McKenzie will make a nice property there and like a little non-treat on the neighborhood. What choice do you do that? Thank you. Okay, this is the appropriate time to open the public hearing to consider if possible we take action on the resolution of the topic. The Randolph County Multidurist, Dictionary, has a mitigation plan. Just to know. Thank you, Mayor. For the last several months, I think beginning late last year, John Evans from Community Development Office as well as City Manager Mr. Auger and have been participating in this coordinated effort with Randolph County to update the multigerest fictional hazard mitigation plan. This is a plan that is required to be updated every five years. The importance of it is you need to be up to date in order to see and receive federal disaster assistance. I'm not going to through the entirety of the plan, obviously. It is available on Randolph County's homepage, if you want to, peruse several hundred pages of a plan. But there are various sections included, which include how the process was conducted, the community profile of Randolph County and the municipalities may be most important the assessment of risk, what are hazards that are generally likely to impact Randolph County, what is the counties and the strategies are unnecessary to deal with those hazards. This is just one of the tables from the plan. It gives you an idea of the various hazards that are identified by the plan for the county, including everything from the atmosphere of hazards, like drought to wildfire. There's even nuclear power plant emergency. You can see from that it's a small risk, and unlikely, thankfully for us. And so that's a component of what the planners looked at when they were developing this plan. Specific to Ashboro and our strategies to deal with the risk. There are planning and land use related strategies, there's infrastructure, maintenance, emergency readiness and response, and also public education and awareness component of this plan that is to be carried out. Like I said, we participated in this process. The strategies I think are sound. They are not overly burdensome and they are common sense things that should be done over the next five years to ensure that we are in our best positions to deal with hazards. This plan I believe was approved by Randolph County last month in July. We did run this through the planning board Monday evening just for the public awareness and education This is something that doesn't need to be endorsed prior to May of next year But we are ready to bring this to this evening Ultimately after all the jurisdictions approve it will be approved Most likely by FEMA in the state emergency management. So there is a resolution within your packets, and we do recommend that that resolution be adopted by reference. Thank you, sir. Any questions? We have a recommendation to approve a reference to a resolution adopted as a mitigation plan. May I have a motion? Mayor, I move with adopted. Resolution to adopt the Mocha Jurisdictional Hazard Medigation Plan by reference. I have a motion by Mr. Bell to adopt by reference. I have a second, second, Mr. Burricks. Any discussion? On the first set, I close the carries. Thank you. Mr. Nuddle, you have a presentation of staff recommendation to determine the boundaries of the Son of your Fireland. Thank you, Mayor. I wanted to bring this forward just kind of as a discussion and to let you know kind of what the staff was contemplating in terms of the city's primary fire limits. Whether or not we've moved forward with this or not, you know, we're not ready to make an ultimate recommendation, but we did want you to give you some education on the primary fire limits and its purpose, kind of its history, and what it does here in the city, and then we can decide whether there are, you know, there are reasons for warranting some changes to that boundary. But, quickly, the primary fire limits are defined by state law. The intention is to protect urban areas that may be especially vulnerable to fire due to the building construction type, the age of the building, and how close and densely situated those buildings are to one another. By law, cities are required to have a primary fire limit. We do, we presently have have that so we are compliant with that requirement. The state statute does stipulate and within the primary fire limit that no frame or wooden building or structural or addition may be erected altered, repaired or moved either into the limits or from one place within the fire limits to another, except if you get the local inspection department approval as well as the commissioner of insurance or his designate. There are additional state building code provisions that kick in for construction that occurs within that primary fire learn in addition to the general no wooden building can be moved in. According to the map of our current primary fire limits, we have a date on that map of 1983, which suggests that maybe the last time this was looked at. Up on the screen is a image that delineates our current boundaries. You can see from east to west it goes to church street for some distance off of Fayetteville Street. And then it extends up north Fayetteville Street to Prestonville Street and South to Kivit. So I think largely for what people consider these central business or central city, center city area, the district does capture a lot of that area. And then it does have what I call legs at the extent north and south as well. Question. Yes, sir. Oh, man, man. Should it follow the property on land, for example, there at the corner of Salisbury and Fayetteville, because right halfway through the center of the Walgreens and the old furniture school? Well, it's somewhat or a kind of a reminder of somewhat of zoning boundaries. You know, that building obviously was built with a subsequent to the adoption of the fire limits. And so at the time, I would imagine that the fire limits were established, they may not have been going through a building or entirely captured it. So things develop over time that lead to situations like that. So for example, the medical building right there beside the Walgreens could not have a live Christmas tree in the front half, but it could have a live Christmas tree in the back half. I can't speak specifically to Christmas trees. Well, there's a lot we're hearing about in the primary firecows. What is combustible in these buildings? What do you got here, Christmas? Oh, I've got a lot of things. I mean, that's an excellent point. That is one of the reasons a I'll hold it. I'll hold it. I'll hold it. I'll hold it. I'll hold it. I'll hold it. I'll hold it. I'll hold it. I'll hold it. I'll hold it. I'll hold it. I'll hold it. I'll hold it. I'll hold it. I'll hold it. I'll hold it. I'll hold it. I'll hold it. I But in any event, I think the part of what this internal, some of the internal discussion staff has had is, have there been improvements to safety standards that have occurred within building technology, fire prevention and suppression, changes within the state building code that potentially warrant a change to these boundaries that while still, you know, our ultimate goal is to ensure protecting of protection of life and property. And so, you know, what we have started to talk about is there, you know, does there are any changes that are warranted to this map while still keeping those fundamental objectives? Theory here in the Shrinkham because we have better materials or is the theory here to expand them because we have More dense development in the area. It could go it could go either way It could we may find the premises to evaluate the premises to Yes, that's right We will yeah, we just want to keep you informed that we are look. It's very possible. We'll come back My recommendation would be that we we do that evaluation We come back to you with with the results after working with the fire department and decide whether to proceed Consensus is that we should Ask staff to move forward with their proposal here Well, anything that may have been evaluated in 34 years, probably stand a look yet. Thank you, Mayor. I'll leave you having the marching orders. Thank you, Mayor. All right. And the last one, Mr. Nottel's gonna give us an update on the Cranford property, the Cranford Mill, Cranford Industry Mill Building property, some developments, you know, where they'd lighter than the tunnel here. Right there. Just real quick, I know councils aware the history of this property will go through this real quickly. Obviously the transfer of meal properties within the core of the center city area it is included on national register of historic places. Obviously this property, and I think the city's interest in purchasing was to try to do something to preserve a locally significant recognized landmark, including that tall smokestack which last year was actually stabilized for a total expense of $199,000, which does include awesome engineering expense. What we have continued to see is expansive deterioration of the structure, which makes demolition an integral part of any redevelopment of this property, unless, you know, swift action is taken to save what can be saved in the structure. You know, what we anticipate the expense being to remove the structure would be very substantial at this point. You know, the, well, get to the recommendation, but the staff's notion is that they're made very well existed by or at this point who would be capable of redeveloping the property in a context-sensitive manner. We don't know that for certain, but we'd like to think so. The subject property is outlined in blue just for the audience. I did include the zoning to give you an idea of all the red areas. Primarily, central business, B3. The subject property is a general industrial I-2, of course, the mill lofts to the south is R-A-6 residential, but this is a, you know, the, the zoning is a remnant from its former, former use as an industrial mill. This is an aerial photo from 2014, just taken off the, the color shading, and then we kind so two years later is an image that shows kind of the continued deterioration of this building using Google imagery and so this is the you know what we continue to see in the concern that we have on the map. Sir, with the two large gray areas on the left hand side of the building where the cars are parked, two really large gray parts right on the roof. Those are holes. There's an absence of roof. So at this point what this recommendation staff brings to you is based on those aforementioned fax considerations. It would be staff's recommendation at this point to declare this property surplus and offer it for sale. There is a resolution, your packet of details, the rationale and the terms that would be proposed. But I'll tell you, it would establish a minimum price of $119,000, and we would proceed with the sale as outlined by the general statutes, notably, reserving the right to reject any and all bids at any time for any purpose. This would, the sale terms are provided within the resolution, should you adopt this resolution. It is our recommendation that it be adopted by reference and so we can move forward expeditiously. Any questions? I don't very prudent to me there's a potential out there for any redevelopment. Certainly I have said. And I just keep it on the tack for It's a historic, big restaurant. Yeah. Even if you didn't, I mean, you know, you've got to work in the building. It is a contributing building to the historic, the tax rate application for the off departments also. I suspect the embankment, the loan can carry the building down, I'm just suspecting a basement. They're on. They're carrying the building down. 19 times from the time. We might all look people. Okay. You have a resolution in your packet. I'll entertain the motion to approve my reference. Mayor, I move. We adopt this resolution by reference. Motion by Mr. Burk the House second. Second Mr. Swear in a discussion. All in favor say aye. All opposed. Curious. All right. This is the appointing time for the public comment period. Is anyone in audience they would like to address the council on any matter of the city business or concern. Larry, you didn't leave that open? Thank you. Here you are. A little bit of a guy of nine. Mr. Arbor, you want to tell us about an engagement agreement. The front of the park is. Briefly engagement agreement with the Franklin partnership. This is a firm that's a Washington DC firm that specializes for municipal representation. You can't think of an engagement package at your seat and it sets up a $1.5,000 contract for 51,000 dollars. We would need to put it in the correctable form and50 contract to $51,000. We would need to put it in the correct form and come back to the council in September. I just want to have it in front of me now, so you know, we do intend to recommend to do that fair port authority that you do in the September's events with agreement. I'll not say the lead being correct form with the three audit statement that Iran disinvested your act requirements. But we are moving forward in the last month. We gave receive the additional 562,000 for the terminal building. And we are proceeding quickly. This is the going to Washington and lobby for us. As I said, the front-and-partnership does mean this will work only so I want to do energy or it doesn't do depends spending or anything like that so we've used these these gentlemen with four measures the principal Mr. Sheen and Mr. Alphano and it is what they call a dead period in Washington right now. The obviously the Congressional and Senate presidential campaigns are in full swing, but the professional staffs are still working, particularly the staffs of Congress and the staffs of our individual congressmen, like the transportation and aviation subcommittee. So we're really getting the right form, but we'll be coming back to you next month for approval as well as Mr. Tug will be coming with his recommendation back next month for the timber at the airport property. Some of that we hope to use to fund this project. So thank you. Thank you. Is that the big road? It is not the big road. I was going to say this if it was the big road. Yeah, as you're asked, I was going to be more of an ice bomb. Mr. Leonard. New Center job. Thank you, Mr. Mayor. The city has received prices for rough rating New Center job. Thank you, Mr. Mayor. The city has received a price from rough grading that proposed new century drop from veterans' loot to the existing portion of the new century. It's approximately 1750 feet, linear feet, and the grading is to within two tenths of finished grade. You had before you those tabulations showing Terry's plumbing utilities as the lowest responsible responsible fitter for the price of $54,500. Staff recommends awarding the contract for the rough grading too. Terry's plumbing utilities based on the fact that we do not have proper equipment. The city does not have proper equipment and or staff to fulfill the project ourselves that portion. And because Terry's is already on site for Larry McKenzie's portion of the process. Is he ready to get started? Ready to get started. We're going to get most of this done with the snow flies. Yep. That's great. And we're once this portion is done and we've finished at the hospital and the pressure park will move down there and occupy this job and we're going to crank it on our end. All right. This looks like part of the project we have to bid out. Motion to approve my reference. So moved. And the motion by Mr. Moplet, go ahead with second. Second, Mr. Bell, discussion, questions. All the players say aye. All opposed. Motion carries. Upcoming events, there's a South-East region American Legion baseball tournament going on right now. Hasbro 1 last night, actually. That game finished at quarter or 20 minutes till 1. The rain, same with two hours of delay. Hasbro 1. Actually, in the 7th inning, we were down by 3 and the 2nd with the bass of the low and the 2nd place was dropped the ball and we tied the game up. So we won. I hope we're winning right now. Do you know? We are 3-0 right now. Good for us. Okay. Okay. Pigs and Pedals starts in the morning. Huge, huge event. And we're in double book this weekend. Pigs and Pedals, Jonathan's people with culture resources and Jimmy's people with all of our people, public works, facilities maintenance. Public Works, Facilities Maintenance, we got 47 teams in town competing in Kansas City, barbecue society event, the pigs and petals being the bicycle race that goes with the stunt, the bicycle stunt show that Crumbly Roberts, bicycle children and bicycle rodeo and pre helmets, all kinds of stuff. Family, we do so much appreciate the tourism development authority partnering with the Chamber and the city to put on this event. This is starting to come to its own. You know, people are really excited about it. And lots of good press should have a good crowd. And we'll pray for good weather and no rain. Concert Friday night from 7 to 10 is part of pigs and petals and that's Mason Love it. Concert Saturday night is part of pigs and petals, 7 to 10. Erick Chilton and the Chilton's. Okay. All-American City celebration out there at the park at 630 Bocentennial Park on Saturday and that comes right after the awards are presented for the barbecue contest. On the stage, the video is going to be shown on the 13th before the Cultural Resources movie, Free Outdoor Movie in Bocentio park and that movie is Zootopia. Something that the city had worked very, very hard on for quite a while, important request that everybody be there and be there. The naming ceremony for a portion of 49 and honor of former City Councilman with Town with the Baker. Thursday, August 25th at 3PM at the Ashbury Airport and you say, why the airport? There's just not a good site on 49 together, a whole lot of people to do it. Navy and Shermone, so we're doing it at the airport and our airport is really something we like to show off. So we'll have lots of dignitaries from the state so we like to have a good crowd. We'll see that on the tarmac. We'll have to get some of that. And you'll be getting everybody to get an invitation there. All right. What's the latest? Glory appreciation of lunch and on Wednesday 31 August 11 the white public works and the Labor Day holiday schedule redevelop the Commission Monday September 12 planning board Monday September 12 and regular City Council Thursday September 15 moving everything back a week for the Labor Day holiday I don't think I'm missing anything He might okay. Let's start now here with Charlie. If you have a cheese congress about Nationalite Out, there was an exciting number of people in different places that I'm willing to get to, everybody's having a great time. So really hit up that there. Just stagger your comments and I got your part of the video. Maybe you could get us proud for your millisecond thing. What, we thought we were going to be talking about it. We were kind of disappointed, but we got in there and it was over. But it was a nice trail. And Joe, you have the, you have a front of you, and this was where you're going to be called. Magazine. One of my really special recent hires is, there's an article in the RCC Foundation magazine about uh... I'm sorry Tracy Fisher, our first African American female police officer, a really nice article to join a big job she's a special person and we are so pleased to have our work in the state of Ashbrook. Prior to Linda Jane, do you well in terms of circumstances? When everything that comes with it, I was still delighted to have a business in case the forest could not. That was just encouraging the long time. Have some, you know, with no rest into finding a tomb, right? We got through it. At the employee luncheon, and I have some some Katie's cook, and I'd like a tag, and I'm finding her's dinner prepared. It's all like this. Because I know the dishes, and in fact my cholesterol or she can fix it. I was to reiterate something that you said about having some business only thing. It was just really encouraging and it's all part of us being in all American City. We had so much give and take going among our citizens that are here and the developers and the council and our staff and it's just a great place to be and I've had a lot of people come in this past week and they've all been so complimentary of everything they've seen in the city of Ashboro. My sister and all of us here from Sanford today and she was just gushing about all the things that she's seen downtown and how much she loves coming to Ashboro from Sanford. She thinks Ashboro is a much better city than Sanford. I have to agree. I got a couple of funs on Friday for that catapult upon it. Well, yeah. Yeah. Yes, no? I am very happy about I love police department. I've had a lot of compliments, a lot of the officers about how nice and respectful they are to people and I'm really happy with that. I want to thank you for your work on National Night Out. It has never had chairman over there. It was gratifying to see almost 300 people over there. It was the biggest one by law. And we had a big, big old time with the fire truck and the bounce houses and wonderful fire chicken. Fish hot dogs. Well, I wouldn't know about the fish. I ain't going to get a chicken with the fish. I had to leave. All right. Thank you, ladies and gentlemen, for being here. Staff, one more time. I'll tell you, you guys are good. You're great. It makes our job easy. And we appreciate you very much. Personally, thanks for being here. We are.