MINUTES

WORK SESSION

JULY 28, 2005

The Aberdeen Board of Commissioners met Thursday, July 28, 2005 at 5:30 p.m. for their regular Work Session.  Members present were Commissioners Robbie Farrell, Pat Ann McMurray, Arthur Parker and Donna Shannon.  Mayor Elizabeth Mofield and Commissioner Terry Marquez were unable to attend.  Others in attendance were Town Manager Bill Zell, Planning Director Giles Hopkins, Deputy Planner Heather Brown, Town Clerk Nancy Matthews and several representatives pertaining to the proposed Legacy Golf Links.  Jim Desart, Reporter for the Moore County Independent Newspaper and Eren Tataragasi, Reporter for the Pilot were also in attendance, as well as several interested citizens.

1.      Public Hearings scheduled for August 8^th Board Meeting:

a.       Application for Conditional Use Permit CU#05-05 submitted by Mary Elaine Smith for a home occupation to be located within her residence at 124 Joseph Road.

Planning Director Giles Hopkins informed the Board that after the Public Hearing, the item will go to the Planning Board for their review and they will make a recommendation to the Town Board.  He also stated this location is in an R-20 Residential District which allows home occupations as a conditional use.  He stated this request also meets all the requirements.  He also stated there will be no signs allowed on the property or placed on dwelling.  Agenda item as Public Hearing.

b.       Application for Conditional Use Permit CU#05-06 submitted by Stafford Land Company, Inc. for a Residential Planned Development to be known as Sandy Springs and located on the east side of Pee Dee Road across from Blyther Street and Keyser Street.

Planning Director Giles Hopkins stated this property is currently vacant and contains approximately 140 acres.  He also stated this item will go to the Planning Board for their review and they will make their recommendation to the Town Board.            Agenda item as Public Hearing.

c.                 Application for Rezoning RZ#05-06 submitted by Bill Seymour to rezone property located to the west and north of Aberdeen Commons from HC Highway Commercial District and R-20 Residential District to GC General Commercial District.

Planning Director Giles Hopkins stated this property is located to the west and north of Aberdeen Commons located on US 15-501.   He stated this item will also go to the Planning Board for their review and recommendation back to the Town Board.  Agenda item as Public Hearing.

d.                 Zoning Code Text Amendment ZA#05-03 regarding Section 155.028 SITE PLAN REVIEW PROCEDURES AND FEE concerning site plan fees.

Planning Director Giles Hopkins stated the current site plan fee is specifically listed as $150.00.  He stated this amendment would allow the Board of Commissioners to make updates to the fee schedule and not require the zoning code to be amended each time.  He stated a Public Hearing is required in order to make an amendment to the zoning code.  Agenda item as Public Hearing and New Business.

e.                 Zoning Code Text Amendment ZA#05-04 regarding Section 155.028 APPLICATION; FEE concerning changing the requirement of submitting all site plan material along with an application for conditional use permit to an option.

Mr. Hopkins stated this proposed amendment would allow a developer to choose whether or not they would like to submit all plans and obtain approval for both applications, or whether they would first like to obtain conditional use approval prior to moving forward.  He stated a Public Hearing is also required in order to make this amendment.  Agenda item as Public Hearing.

f.                   Zoning Code Text Amendment ZA#05-05 to allow certain minor work to be approved on a staff level with approval by the Board of Commissioners.

Mr. Hopkins stated the staff has had several requests from property owners, developers and business owners to grant building and zoning permits for minor work.  He stated that the staff has attempted to create verbiage that would allow for administrative review of minor works upon authorization by the Board of Commissioners.  He stated this proposed new section would still require the applicant to provide a complete site plan per Section 155.027.  He stated if this proposed amendment is approved, the Board would have the authority to allow staff to review and approve or deny the project or require the applicant to proceed through the normal process of obtaining approval and recommendation from the Planning Board and ultimately approval by the Town Board of Commissioners.  Agenda item as Public Hearing and New Business.

g.                 General Provisions Amendment GP#05-02 regarding Planning Board term limitations.

Mr. Hopkins stated, currently the Aberdeen Code of Ordinances Chapter 31: Planning Board, Section 31.31 Composition; Terms; Vacancies, allow a Planning Board member to serve successive terms without limitation.  After contacting other municipalities in this area, he stated the staff learned that other municipalities allow no more than two successive three-year terms.  He stated the proposed amendment would limit the number of terms a Planning Board member could serve to two successive three-year terms.  Agenda item as Public Hearing.

h.                 Preparation and Submission by the Town of Aberdeen for a Housing Development Grant Application.

Manager Zell informed the Board that Habitat is eligible for use of Housing Development funds from the N. C. Division of Community Assistance and the Town should proceed with an initial Public Hearing.    He stated the purpose of   the Public Hearing is   to

gather comments regarding the preparation and submission by the Town of Aberdeen of a Housing Development grant application to the NCDCA.  Agenda item as Public Hearing.

2.       Planning and Zoning Fee Schedule.

Manager Zell stated the Board had previously discussed changes in the Planning and Zoning Fee Schedule and Building Permit Fee Schedule.  After some discussion, a motion was made by Commissioner Parker, seconded by Commissioner McMurray, to increase all the Planning, Zoning and Building Permit Fees as submitted to be effective August 1, 2005, with the exception of the site plan fee of $150.00 to remain.  Motion unanimously carried.

3.       Water/Sewer Tap Fee Schedule.

Manager Zell stated the Board reviewed the Water/Sewer Tap Fee Schedule in June for consideration of approval.  The Board briefly discussed the changes.  A motion was then made by Commissioner Parker to approve the amended Water/Sewer Tap Fee Schedule, seconded by Commissioner McMurray.  Motion unanimously carried.

4.       NC Governor’s Highway Safety Grant Application.

Manager Zell stated the Police Department is submitting an application for a grant through the NC Governor’s Highway Safety Program.  He stated this grant would help fund one new patrol officer position and would pay 100% of the personnel cost and 75% of the equipment needs including the vehicle for the first year.  The cost to the Town for the first year is $8,771.00.  He stated a Resolution would have to be adopted by the Board in order to submit the grant application.  Agenda item as New Business.

5.       Equipment request from Crestline Fire Department Station 72.

Manager Zell stated he had received a letter from Billie Lewis, Fire Chief of the Crestline Fire Department 72 concerning his department’s immediate needs and requests in these areas.  He informed the Board that the police department has an old diesel truck that is not in use and Car #11 that has been taken out of service.  He stated that Crestline Fire Department is requesting to acquire these two vehicles if possible.

After a brief discussion, the consensus of the Board was to sell the 1998 Ford F350 Diesel Truck and a 1998 Crown Victoria/Car #11 to Crestline Fire Department 72 at the price of $1.00 per vehicle.  Agenda item as Consent.

6.       Application for Conditional Use Permit CU#05-01 submitted by Beacon Management for a Residential Planned Development to be located on the east side of Poplar Street directly across from Bonnie Brook Road.

Planning Director Giles Hopkins stated the Planning Board reviewed this request and recommended to the Town Board of Commissioners that the application be denied based on (G) of Section 155.085 Standard Required For Recommendation of Conditional Use not being met.  He stated the Planning Board did not recommend modification to allow duplexes.  Agenda item as New Business.

7.       Application for Conditional Use Permit CU#05-04 submitted by Stainback Family Trusts for a Residential Planned Development to be located on the east side of US 15-501.

Planning Director Giles Hopkins stated extensive information and material was distributed to the Board for review before the June 2^nd Work Session, as well as this Work Session.  He stated the Application for Site Plan Review SP#05-08 submitted along with Application for Conditional Use Permit CU#05-04, do not currently meet all of the site plan requirements because of it being a conceptual plan.  He stated by granting a conditional use permit for a residential planned development, the Board of Commissioners has the authority to attach additional conditions to the conditional use permit.   The Planning Board has reviewed and has recommended unanimously approval of SP#05-08 and CU#05-04 with the conditions as recommended by the Planning staff.

After some discussion, there were three areas that the Board requested to be addressed:  1 – conservation easements, 2- concrete wedging and/or curbing, where feasible, 3 – Phase III from 230 single-family units to 225 single-family units.  Agenda item as New Business.

8.       Application for Site Plan Review SP#05-09 submitted by Victor Thompson Construction Company for an expansion of the existing Jason’s Tire and Auto located on Johnson Street.

Planning Director Giles Hopkins stated the site is located in an HC Highway Commercial District which allows the expansion of the existing building.  He stated, as the Zoning Code is currently written, this site plan meets all of the Town’s applicable codes.  He also stated the Planning Board has reviewed and recommends approval to the Town Board to approve this site plan.  Agenda item as Consent.

9.       Application for Rezoning RZ#05-03 submitted by Ribera-Dixon Development, LLC to rezone 121.81 +  acres located on the east side of NC 5 Highway between Turning Leaf Way and Olivia Lane from R-20 Residential District and HC Highway Commercial District to R-10 Residential District.

Planning Director Giles Hopkins stated the Application for Rezoning RZ#05-03 was submitted by Ribera-Dixon Development, LLC to rezone 121.81 acres on NC 5 Highway.  He stated that approximately 2/3 of the property is currently zoned HC Highway Commercial and the remaining 1/3 is zoned R-20 Residential District.  He stated the petitioner is requesting this property be rezoned to R-10 Residential District. 

Mr. Hopkins stated the Planning Board has reviewed and recommends rezoning only the currently zoned HC Highway Commercial property to R-20 Residential District.

After some review, the consensus of the Board agreed with the review by the Planning Board.  Mr. Hopkins is to contact Mr. Harris Blake and inform him of this.  If this request is not withdrawn before the regular Board meeting of August 8, 2005, then the Board has the option to rezone to R-20 Residential District.  Agenda item as New Business.

10.     Application for Rezoning RZ#05-04 submitted by the Town of Aberdeen to rezone one additional parcel of property located behind the recently rezoned parcels located on the east side of US 1 Highway between Elm Street and Maple Street.

Planning Director Giles Hopkins stated the rezoning of parcels along US 1 Highway between Elm Street and Maple Street took place in June and along with that rezoning file was a written request from an adjoining property owner to be included in this rezoning.  He stated, however, because the Town cannot expand a rezoning, the staff informed the property owner if the property was to be rezoned, they would have to go through the proper channels to have this parcel rezoned to O-I Office and Institutional as well.  He stated the Public Hearing was held June 13^th and was then forwarded to the Planning Board for review.  He stated the Planning Board has reviewed and unanimously recommends to the Town Board to approve this rezoning request.  Agenda item as Consent.

11.     Zoning Code Text Amendment ZA#05-02 regarding Section 155.087 SET TIME LIMIT; EXPIRATION to allow the Town of Aberdeen Board of Commissioners to extend conditional use permits for one year following their review and approval.

Planning Director Giles Hopkins stated, as discussed at a previous Work Session, the staff had prepared a Zoning Code Text Amendment regarding the extension of time for conditional use permits.  He stated as the code currently reads, a conditional use permit is considered null and void after one year unless the permit has been exercised. He stated the proposed amendment would allow the Board of Commissioners to extend the permit for one year when the Board concludes that the permit has not yet expired, the permit recipient has proceeded with due diligence and in good faith and conditions have not changed so substantially as to warrant a new application.

          Agenda item as New Business.

12.     Other Business

a.       Update on Citizen’s Academy Program.

Manager Zell gave the Board an update on the CAP Program.  He stated information and application forms have been distributed to several of the area churches, the library and the post office. He stated this would be a good opportunity for residents of Aberdeen to learn about rules, regulations, public safety and other areas of municipal government and what it takes to operate a municipality. He stated this would develop ambassadors for the Town of Aberdeen.

b.                 Manager Zell stated he had received a call pertaining to the ongoing problem of people exceeding the speed limit in Aberdeen.  He asked the Board if there were areas within the Town that need to be reviewed to possibly lower the speed limit and the Board could take care of all areas of the Town by one ordinance amendment.

c.                 Manager Zell informed the Board that there would be a meeting at the Town Hall on August 4^th at 11 a.m. with Oakley Associates and Susan Hatchell pertaining to the proposed Master Plan and Design for the Aberdeen Lake facility.

d.                 Mr. Hopkins stated that the staff was reproducing a tremendous amount of support material.  He suggested that once the material is distributed for the Work Session, that the Board keep this material for the regular Board meeting.  He stated if there are corrections or changes, then the staff will distribute appropriate material at that time.  It was the consensus of the Board to try this approach.

13.     Closed Session – Economic Development.

A motion was made by Commissioner Parker, seconded by Commissioner McMurray, to go into Closed Session for the purpose of discussion of several Economic Development Projects.  Motion unanimously carried.

A motion was made by Commissioner Parker, seconded by Commissioner Shannon, to leave Closed Session and return to the regular Work Session.  Motion unanimously carried.

14.     Adjourn

The Board left Closed Session and returned to Regular Session.   With no action taken, a motion was made by Commissioner Parker, seconded by Commissioner McMurray, to adjourn the Work Session.  Motion unanimously carried.

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