MINUTES

AUGUST 8, 2005

The Aberdeen Board of Commissioners met Monday, August 8, 2005 at 7:00 p.m. for their regular Board meeting.  Members present were Mayor Elizabeth Mofield and Commissioners Pat Ann McMurray, Donna Shannon, Arthur Parker, Robbie Farrell and Terry Marquez.  Others in attendance were Town Manager Bill Zell, Planning Director Giles Hopkins, Finance Officer Beth Wentland, Deputy Clerk Regina Rosy, Police Chief Mike Connor with several officers from the Police Department and other interested citizens.  Planning Board members present were Elaine Smith and Maurice Holland.

1.       Call to Order

Mayor Mofield called the meeting to order at 7:00 p.m.  She stated there were eight Public Hearings to be held.

2.       PUBLIC HEARINGS

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.

Mayor Mofield opened the Public Hearing on Conditional Use Permit CU#05-05 by Elaine Smith for a home occupation to be located within her residence at 124 Joseph Road, for public comments and Board discussion.

Elaine Smith spoke stating she was excited to be moving her beauty shop business back to Aberdeen.

 Giles Hopkins stated no signs would be permitted in Ms. Smith’s yard and no more than 25% of the dwelling can be used for business purposes. 

With no further public comments or Board discussion, Mayor Mofield declared the Public Hearing on CU#05-05 closed.

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.

Mayor Mofield then opened the second Public Hearing 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, for public comments and Board discussion.

Giles Hopkins stated approximately 240 housing units were to be developed in this area and the developer plans to use Town water/sewer and will request annexation into Town limits.  Commissioner McMurray stated she would like to see more green space added to the plans.

Bob Stafford stated the planning was in the very early stages and said green space would be included.  He stated this development would be similar to the Glen Laurel development.

Charles Harris, adjoining property owner, stated he wanted to know what type of homes would be built in this development and approximately how many square feet these homes would be.  Bob Stafford stated the homes would range in price from $140,000 - $250,000 with 15,000 square feet being the average lot size.  The smaller homes would have lots with 8,000 square feet.  Charles Harris asked would he receive updates on this development as it progresses.  Planning Director Giles Hopkins stated all adjoining property owners would be notified of future public hearings. 

Tony O’Neill, Aberdeen resident, wanted to know the effect this development would have on other homes in the area because some of the other homes in the area are very poor.  Bob Stafford answered that obviously tax values would increase for surrounding property owners.

Linda Gillis, adjoining property owner, wanted to know if this development would affect the tax value on her currently owned property.  She also stated she owned land near this area and wanted to know if this would require her to build a minimum square footage home on this land. 

With no further public comments or Board discussion, Mayor Mofield declared the Public Hearing on CU#05-06 closed.

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.

Mayor Mofield then opened the Public Hearing on Application for Rezoning RZ#05-05 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, for public comments and Board discussion.

Planning Director, Giles Hopkins, introduced into the record a letter from Mr. Seymour amending the area being considered for rezoning.

Mary McGovern, 606 Johnson Street, stated this property is in her backyard.  She stated she is opposed to the rezoning because she currently believes it is too noisy/smelly due to all the businesses surrounding her currently.   Mayor Mofield asked if a barrier/buffer and a sound barrier could be placed between this area and Mary McGovern’s property.  Planning Director Giles Hopkins stated a buffer is required but a sound barrier is not required.

Bill Seymour stated they intended to be very sensitive to the residential needs around the business they plan to develop.  He stated he’s not opposed to sound/visual barriers but he feels that in the end it will not even be necessary.

George Godwin, architect for a prospective hotel on this property, stated the hotel would hope for a quiet area also and would strive to make this a quiet location.

Bill Thomas, resident on Johnson Street, stated he is ready to see something happen with this property but he is concerned about buffers between his property and the property to be developed.

With no further public comments or Board discussion, Mayor Mofield declared the Public Hearing on RZ#05-06 closed.

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

Mayor Mofield then opened the Public Hearing on Zoning Code Text Amendment ZA#05-03 regarding Section 155.028 SITE PLAN REVIEW PROCEDURES AND FEE concerning site plan fees, for public comments and Board discussion.

Planning Director Giles Hopkins stated this amendment would allow for the Board to set the site plan review fee and it would not have to be included in the zoning code, which would greatly simplify matters.

With no public comments or Board discussion, Mayor Mofield declared the Public Hearing on ZA#05-03 closed.

e.                 Zoning Code Text Amendment ZA#05-04 regarding Section 155.082 APPLICATION; FEE concerning changing the requirement of submitting all site plan material along with an application for conditional use permit to an option.

Mayor Mofield then opened the Public Hearing on Zoning Code Text Amendment ZA#05-04 regarding Section 155.082 APPLICATION; FEE concerning changing the requirement of submitting all site plan material along with an application for conditional use permit to an option, for public comments and Board discussion.

Planning Director Giles Hopkins stated this amendment would allow for an option by the applicant because currently it can be very expensive for the applicant to submit all site plan material along with an application for a conditional use permit with no assurance of getting a conditional use permit.

Mayor Mofield stated perhaps the wording should be changed to include a concept plan with the application for conditional use permit.  This would allow the developer to not have to spend a great deal of money for a site plan.

Commissioner Farrell stated he believes this will complicate the whole process because he doesn’t understand where the line will be drawn for what this applies to or doesn’t apply to.

With no further public comments or Board discussion, Mayor Mofield declared the Public Hearing on ZA#05-04 closed.

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.

Mayor Mofield then opened Public Hearing on 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, for public comments and Board discussion.

Planning Director Giles Hopkins stated there are currently at least two situations in the Planning Department, one regarding McNeill Oil Company and the other, PACE, in which it would be much more convenient to allow the Board to just approve the minor work without having to go through the whole process.  Hopkins stated the Board would be notified of these minor changes and would still make the ultimate decision.  He stated the process would just be much shorter.

With no public comments or Board discussion, Mayor Mofield declared the Public Hearing on ZA#05-05 closed.

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

Mayor Mofield then opened the Public Hearing on General Provisions Amendment GP#05-02 regarding Planning Board term limitations, for public comments and Board discussion.

Planning Director Giles Hopkins stated this would be an amendment to the General Ordinance because there are currently no term limitations for Planning Board members.  Hopkins stated there are many other people who would be interested in serving on the Planning Board and this would allow for new members to serve.  This amendment would be effective beginning in 2006 for Planning Board members who have already served 2 consecutive 3-year terms.

With no public comments or Board discussion, Mayor Mofield declared the Public Hearing on GP#05-02 closed.

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

Mayor Mofield then opened the Public Hearing on Preparation and Submission by the Town of Aberdeen for a Housing Development Grant Application, for public comments and Board discussion.

Elizabeth Cox stated they hoped to put a road in with twelve new habitat homes.  She said in order to do this the Town would need to apply for a Housing Development Grant.  She explained that Habitat could not apply for this grant and therefore, the Town would need to apply.  She stated it would be more economical to apply for all twelve homes at once.  The homes would be expected to be built within 2-3 years.

Ray Maniri stated $216,000 would go towards infrastructure and would also help handle some administrative tasks.  He explained an agreement would be drawn up between the Town of Aberdeen and Habitat for Humanity that would explain Habitat is the developer.  Habitat would bill the Town for their expenses and the Town would use grant money to pay the invoices from Habitat.

3.       Setting of the Agenda

Planning Director Giles Hopkins stated that Item 7-d: New Business, has been withdrawn and the withdrawal was accepted by the Board.  He also stated that Item 7-f: New Business, has been withdrawn and therefore no action will be taken.

A motion was then made by Commissioner Parker, seconded by Commissioner Marquez, to approve the Setting of the Agenda as amended.  Motion unanimously carried.

4.       Approval of the Consent Agenda

All items listed below are considered routine or have been discussed at length in previous meetings and will be enacted by one motion.  No separate discussion will be held except on request by a member of the Board of Commissioners.

a.                  Minutes of Regular Board Meeting of June 13, 2005; Special Called Meeting of June 23, 2005; Special Called Meeting of June 30, 2005; Special Called Meeting of July 11, 2005; Special Called Meeting of July 15, 2005; Regular Work Session of July 28, 2005; Closed Session of July 28, 2005.

b.                 Equipment request from Crestline Fire Department Station 72:  1988 Ford F350 Diesel Truck/Vin# 2FTJW35M3JCA39109 and 1998 Crown Victoria/Vin # 2FAFP71WXWX122608 @ $1.00 each.

c.                 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.

d.                 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.

A motion was made by Commissioner Parker, seconded by Commissioner Farrell, to approve the Consent Agenda as presented.  Motion unanimously carried.

5.       Financial Report

Finance Officer Beth Wentland presented the financial reports which included the preliminary figures for June.  She stated the July figures for the General Fund are $33,305.37 in revenues and $386,020.06 in expenses.  She stated property tax revenues are beginning to come in and next month’s figures will be better.  She stated the revenues in the Water/Sewer Fund were $14,486.00 and the expenses were $93,800.00.

6.       Informal Discussion and Public Comment

Police Chief Mike Connor introduced two new police officers, Leigh Ann Brooks and Anna Mazura.  An award of recognition was presented to a citizen, Ms. Anna Marie McNeill, for her bravery on June 16^th.  When That’s Entertainment Video was robbed at gunpoint, Ms. McNeill made note of the tag number, make and model of the vehicle and helped Aberdeen Police locate the suspect within minutes.  Police Lieutenant Danny Wilson read a letter of commendation to Ms. McNeill. 

Mayor Mofield thanked Ms. McNeill for her brave act and also welcomed the two new police officers.

7.       New Business

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

A motion was made by Commissioner Parker, seconded by Commissioner McMurray, to approve Zoning Code Text Amendment ZA#05-03 regarding Section 155.028 SITE PLAN REVIEW PROCEDURES AND FEE concerning site plan fees and to amend the fee schedule to add Site Plan Fee of $200.00, plus $20.00 for each acre over one acre effective August 8, 2005.  Motion unanimously carried.

b.                 Consideration of approval of 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.

A motion was made by Commissioner McMurray, seconded by Commissioner Parker, to approve 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.  Motion unanimously carried.

c.                 Consideration of approval of NC Governor’s Highway Safety Grant Application.

Manager Bill Zell explained to the Board that with this grant the Aberdeen Police Department could hire a new police officer while only having to pay $8,771 the first year which would include the Town’s cost of equipment, training, and uniforms.

A motion was made by Commissioner McMurray, seconded by Commissioner Parker, to approve the NC Governor’s Highway Safety Grant Application.  Motion unanimously carried.

d.                 Consideration of approval of 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.

This item has been withdrawn by the developer and accepted by the Board.  Therefore, no action will be taken.

e.       Consideration of approval of 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.

A motion was made by Commissioner McMurray, seconded by Commissioner Shannon to make findings A-G, attach additional conditions as listed in the attached Conditional Use Permit and approve Application for Conditional Use Permit CU#05-04 submitted by Stainback Family Trusts for a Residential Planned Development.  Motion unanimously carried. (See attachments CU#05-04)

f.       Consideration of approval 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.

This item has been withdrawn by the developer and accept by the Board.  Therefore, no action will be taken.

g.       Consideration of approval of 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.

A motion was made by Commissioner McMurray, seconded by Commissioner Shannon, to approve 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.  Motion unanimously carried.

8.       Old Business

          None

9.       Other Business

Manager Zell informed the Board that the Board of Adjustment would be meeting Tuesday, August 16^th at 7:00 p.m. to consider an appeal of a decision of the staff as to the location of a sign.

Manager Zell also reminded the Board of the Chamber of Commerce Breakfast at Beacon Ridge on Thursday, August 11^th at 7:15 a.m. 

10.     Adjourn

With no further items for discussion, a motion was made by Commissioner Parker, seconded by Commissioner Farrell, to adjourn the meeting.  Motion unanimously carried.

__________________________                         ________________________