Board of Commissioners

BOARD OF COMMISSIONERS April 21, 2025 MINUTES DOWNTOWN MASTER PLAN WORKSHOP - 3:00PM Mayor Washam called the workshop to order at 3:32PM. Commissioners Osborne and Carney were not present at the meeting.  Downtown Master Plan Workshop Kyle Baugh with Kimley-Horn provided an update on the master plan schedule. He outlined the transportation framework along the corridor along with intersection analysis, feedback received from the community meeting held on March 27th, and a reconnected downtown network that improves the movement of bikes, pedestrians, and vehicles. He also provided visionary concepts of what the streetscapes could look like. Commissioner Johnson asked what the intent was for the roundabout identified on Smith Circle. Mr. Baugh stated that it’s more of a geometric cleanup of the area. Commissioner Higgins stated that he was glad to see the roundabout location as it will help with the traffic of the added neighborhoods and school traffic. Commissioner Sansbury asked about the area in front of the school and if the primary roads will need improvement. Mr. Baugh explained that the intersections identified are the recommended intersections to analyze to help justify the framework decisions being made. Commissioner Higgins stated that he loves the live music area illustration. Manager Grant summarized who’s going to pay for the plan and how it’s going to be implemented. He stated that depending on which properties are on the table for development, it’s likely going to be the Town brokering a deal with multiple parties for public infrastructure. Mayor Washam thanked Mr. Baugh for his update. PRE-MEETING - 4:30PM Mayor Washan called the Pre-meeting to order at 4:41PM. All commissioners were present for the Pre-meeting.  Agenda Review Manager Grant provided the Board with an overview of the 6PM agenda items.  FY26 Budget Workshop - cont'd. Manager Grant provided the Board with updated FY26 budget information and stated that the Manager’s recommended budget presentation and public hearing will be held on May 5th. 04/21/25 Regular Meeting Page 1  Commissioner Johnson stated that she would like to see priority placed on funding a mental health clinician vs. hiring a transportation planner. Commissioners Sansbury and Higgins stated that the budget needs to include hiring three new firefighters as called for in the Transition Plan.  Text Amendment Discussion Asst. Planning Director David Cole presented proposed Land Development Code text amendments for Vape Shops and Electronic Gaming. He identified existing Vape/CBD/Tobacco shops in Cornelius and how they are currently classified before presenting the proposed definition, use table, use standards, and separation distance. Due to the limited time for discussion, the Board agreed to add the topic to the 6PM agenda under New Business. Commissioner Carney made a motion to adjourn the Pre-meeting at 6:03PM. Commissioner Johnson seconded the motion, and it passed unanimously, 5-0. REGULAR MEETING - 6:00PM 1. CALL TO ORDER Mayor Washam called the meeting to order at 6:12PM. 2. DETERMINATION OF QUORUM All commissioners were present at the meeting. 3. APPROVAL OF AGENDA Mayor Washam requested an amendment to the agenda by adding under New Business item 11A – Text Amendment Discussion. Commissioner Carney made a motion to amend and approve the agenda as requested. Commissioner Sansbury seconded the motion, and it passed unanimously, 5-0. 4. MOMENT OF SILENCE AND PLEDGE OF ALLEGIANCE Mayor Washam led the pledge after a moment of silence was observed. 5. CITIZEN CONCERNS/COMMENTS Kim Wokatsch – 11613 Truan Lane, asked the Town for assistance with various issues taking place in her neighborhood. 6. REPORTS Parks Director Fitzsimmons reported on the following: • Summer Sports Camps (added 155 spaces) – 60 partial-day camps; 1,351 children registered; 64% of spaces are filled; and 105 children are on a waitlist. • Summer Recreation Camp – 10 partial-day camps; 116 children registered; 85% of spaces are filled; and 52 children are on a waitlist. • Summer Day Camp (1 less week) – 7 weeks of full-day camps; 1025 children are registered; 98% of spaces are filled; and 196 children are on a waitlist. • Cain Park Musical Playground ribbon cutting was held on Mar. 12th with approximately 50 attendees. 04/21/25 Regular Meeting Page 2  • Humpty Dumpty Statue rededication was held on Apr. 1st with approximately 35 attendees. • Caldwell Station Tributary Greenway ribbon cutting was held on Apr. 8th with approximately 45 attendees. The greenway is provided by Mecklenburg County. • Hop Into Spring was held on Apr. 5th with approximately 600 attendees, and 299 pre- registered for the Egg Scrambles and approximately 218 attended. • Egg My Yard was a sold out event that was held Apr. 15-17. • Earth Jam was held on Apr. 12th with approximately 600 attendees. • Clean & Green will be held on Apr. 26th (9AM-12PM). The Town will earn two trees for every 25lbs. of trash collected. • Hooked on Cornelius will be held on Apr. 26th (10AM-2PM), this event is sold out. • ‘Tawba Walk Arts & Music Festival will be held on Apr. 26th (2PM-8PM). • The town sponsored Second Friday Street Festival series has been cancelled for 2025. • North Meck Farmer’s Market is relocating to the lawn behind Town Hall and will begin on May 14th thru Sept. 24th (9AM-12PM). • Lake Norman Bike Expo (in partnership with the Town of Davidson) will be held on May 3rd (10AM-12PM), starting at Davidson Town Green. • Cornelius Cardboard Regetta will be held on May 3rd (10:30AM-12:30PM) at Ramsey Creek Park. Cornelius resident teams $25 and non-resident teams are $35. • Family Campout will be held on May 10th-11th at Robbins Park. This event is sold out. • Cornelius Jazz Festival (in partnership with the Smithville Community Coalition) will be held on May 10th (6PM-10PM) at Smithville Park. 7. PRESENTATIONS AND PUBLIC COMMENT A. REZ 02-25 Sunset Cove Senior Planner Aaron Tucker presented a rezoning request made by applicant Larry Griffin, Jr. and Mike Griffin to rezone 8.6 acres located at 18311 and 18323 Nantz Road from General Residential to Conditional Zoning to allow for a wedding/event venue that will convert two existing homes to commercial standards, construct a 6,000sqft. event venue with a parking lot of 103 spaces. He gave an overview of the location that is adjacent to Ramsey Creek Park. A community meeting was held on Apr. 15th with approximately 22 attendees who expressed concerns about additional traffic on Nantz Road and limiting the number of events. Commissioner Higgins asked if staff have any recommendations for the number of events. Mr. Tucker stated that he talked with the applicant who is willing to consider a certain number of events per year. Commissioner Sansbury asked if there is an opportunity for shared parking at Ramsey Creek Park during events. Mr. Tucker stated potentially yes, however, it would require some type of joint use agreement with the County. Mayor Washam asked what the approval timeline is. Mr. Tucker stated that it is anticipated to be considered by the Planning Board in the June/July timeframe. Mayor Washam invited the applicant to speak. 04/21/25 Regular Meeting Page 3  Mike Griffin presented the request for the Griffin Brothers Companies. He explained that the plan is to preserve the family’s homestead by using the existing two homes plus adding an event pavilion for higher end events. The parking lot is buffered from the neighbors and the events will be limited due to the targeted demographic. Mr. Griffin outlined the event space, the new on-site retirement homes for the Griffin families, their management expertise in owning/managing Pine Island Country Club, the seasonal use of the venue, as well as the distance between the site and neighbors. Commissioner Osborne thanked the Griffins for offering to share the waterfront by using the venue. He asked if there was an HOA for the neighborhood and if conversations with Mecklenburg County Parks have occurred. Mr. Griffin stated that there is no HOA for the neighborhood and that they will communicate their proposal with the County. He added that their intent is to keep all venue parking on-site. Commissioner Osborne asked about the noise ordinances and the impact on the neighbors. Deputy Manager Herron stated that the venue will be subject to the same Town noise ordinances as others. Mayor Washam invited the public to speak and the following comments were made: Ken Miller 18526 Nantz Road, stated that he was opposed to the project due to the additional traffic the event venue will create. Marty Gaunt – 18300 Nantz Road, stated that he was opposed to the project due to the commercial use within a residential area and would never have built a home in that area if he had been aware of the Griffin’s intent. Robert Simon – 18214 Delray Drive, stated that he was opposed to the project due to the additional traffic the event venue will create. Mark Lomartire – 18125 Pompano Place, stated that he was opposed to the project due to the additional traffic the event venue will create. Bob Weimer – 18203 Pompano Place, stated that the layout was beautiful but wished it was being proposed in a different location on the lake and not in the middle of a residential neighborhood. B. REZ 03-25 Jetton Rd (Cashmere) Asst. Planning Director David Cole presented a rezoning request made by applicant Adam and Iryna Jones to rezone .489 acres located at Jetton Road Extension and Bethel Church Road from Village Center to Conditional Zoning to allow for a 6-story mixed-used building (2,500sqft. commercial and 14 condominiums) with one level structured parking (14 spaces). He gave an overview of the location, current zoning, and proposed building elevations. The Architectural Review Board has recommended additional pedestrian scale elements along the bottom floor with additional material variations and was supportive of the proposed building height when factoring in the grade change of Bethel Church Road. The community meeting held on Apr. 1st had approximately 15 attendees who in general supported the retail uses and building architecture, but expressed concerns with the building height and additional traffic it will create along Jetton Road Extension. 04/21/25 Regular Meeting Page 4 Commissioner Johnson expressed her concerns with the garage entrance on Jetton Road Extension not having enough space to enter the garage without impeding traffic on Jetton Road Extension. Mr. Cole stated that staff will continue to work with the applicant to ensure that the garage entrance does not cause any traffic issues. Commissioner Higgins expressed his concerns with the current bike lane and visibility on a blind curve at the garage entry location. He also asked about the parking lot located behind the building. Mr. Cole identified the lot line configuration and explained the shared parking access with the existing buildings. Commissioner Sansbury asked where the anticipated retail customers will park. Mr. Cole identified the available on-street parking area and then the shared parking spaces in the rear. Commissioner Sansbury asked what the proposed heights were for the proposed buildings on Sefton. Deputy Manager Herron stated that the Land Use Plan (LUP) shows two-story heights/30-feet; however, the Growth Management Committee recommends revisiting building heights once the road infrastructure improvements have been completed, so it’s at the Board’s discretion on how heights are reviewed. Commissioner Carney stated that based on the current LUP two-stories are enumerated, but there are some variations of discussion relative to that; however, the current entitlement on the property is three-stories. Commissioner Osborne asked what is considered grade-level. Mr. Cole stated that the site frontage would be along Jetton Road Extension, therefore, that would be considered grade- level. Mayor Washam invited the applicant to present their rezoning request. The applicant Adam Jones presented their rezoning request and vision for the project. He provided an overview of the retail plan pre-PDRC and after receiving feedback, the building design/contextual fit, and smart parking and ground level design. He explained that due to the topography of the land, their building will be 13 feet less than the approved REZ 12-21 Cornelius Mixed Use building. Commissioner Johnson asked what the condominium square footage and price point would be. Mr. Adam stated that the condominiums will start at 1,750sqft. and will be priced between $800K-$1.2M. Commissioner Sansbury asked for clarification on the parking spaces per unit. Mr. Adam stated that each unit will have 1 underground parking spot, and the overflow would be part of the shared parking in the rear. Mayor Washam invited the public to speak, and the following comments were made: Stan Ott – 18717 Daymark Drive, expressed his opposition to the building height. Kimberly Thaxton – 15928 Northstone Drive, expressed her opposition to the building height and the shared parking issue. According to the Declarations of the land, it prohibits any rezoning variance unless you have 100% written approval from the other owners. 04/21/25 Regular Meeting Page 5  Kenny Colbert – 18741 Daymark Drive, expressed his opposition to the building height. Ed Braxton – 18725 Daymark Drive, expressed his opposition to the building height. 8. PUBLIC HEARING AND CONSIDERATION OF APPROVAL A. 2018 GO Bond Extension Mayor Washam called for a motion to open the public hearing for the bond extension. The public notice is attached hereto. Commissioner Sansbury made a motion to open the public hearing. Commissioner Higgins seconded the motion, and it passed unanimously, 5-0. Finance Director Niswonger gave an overview of the process necessary to extend the 2018 GO Bond from 7 to 10 years. Mayor Washam invited the public to speak. There being no public comments, he called for a motion to close the public hearing. Commissioner Johnson made a motion to close the public hearing. Commissioner Higgins seconded the motion, and it passed unanimously, 5-0. Commissioner Higgins made a motion to approve Resolution #2025-01165 extending the 2018 GO Bonds from seven years to ten years. Commissioner Osborne seconded the motion, and it passed unanimously, 5-0. Resolution #2025-01165 is hereby made part of the minutes by reference. B. ANNEX 01-25 - 12411 and 12415 Mayes Road Mayor Washam called for a motion to open the public hearing for Annex 01-25. The public notice is attached hereto. Commissioner Higgins made a motion to open the public hearing. Commissioner Johnson seconded the motion, and it passed unanimously, 5-0. Asst. Planning Director David Cole presented the annexation request from Keystone Custom Homes for 92.58 acres as part of the conditions of the Mayes Meadows rezoning. Mayor Washam invited the public to speak. There being no public comment, he called for a motion to close the public hearing. Commissioner Johnson made a motion to close the public hearing. Commissioner Sansbury seconded the motion, and it passed unanimously, 5-0. Commissioner Johnson made a motion to approve Ordinance #2025-00869 annexing 12411and 12415 Mayes Road as part of the Town of Cornelius. Commissioner Higgins seconded the motion, and it passed unanimously, 5-0. Ordinance #2025-00869 is hereby made part of the minutes by reference. 04/21/25 Regular Meeting Page 6 9. CONSIDERATION OF APPROVAL A. Capital Project Ordinance - Infrastructure Capital Project Fund Finance Director Niswonger explained that the Capital Project Ordinance establishes an Infrastructure Capital Project Fund with a transfer in the amount of $11,335,980 from the Transportation Capital Reserve Fund that will be utilized for the design and construction of infrastructure projects that will cross multiple fiscal years. Commissioner Higgins made a motion to approve Ordinance #2025-00870 establishing an Infrastructure Capital Project fund. Commissioner Sansbury seconded the motion, and it passed unanimously, 5-0. Ordinance #2025-00870 is hereby made part of the minutes by reference. B. FY2025 Transportation Capital Reserve Transfer Finance Director Niswonger explained that the $11,335,980 balance at the end of FY24 will be transferred to the Infrastructure Capital Project Fund and then the Transportation Capital Reserve Fund will be closed out. Commissioner Carney made a motion to approve Ordinance #2025-00871 transferring $11,335,980 from the Transportation Capital Reserve Fund to the Infrastructure Capital Project Fund. Commissioner Johnson seconded the motion, and it passed unanimously, 5-0. Ordinance #2025-00870 is hereby made part of the minutes by reference. 10. CONSENT AGENDA A. 2024 Charlotte-Mecklenburg County Emergency Operations Plan Update (Approved 5-0) B. Tax Refunds - $11,598.77 (Approved 5-0) C. Cornelius Library Endowment Committee Reappointment (Approved 5-0) th D. Approve Regular Meeting Minutes - April 7 (Approved 5-0) E. Approve Closed Session Minutes - April 7th (Approved 5-0) Commissioner Higgins made a motion to approve the Consent Agenda as presented. Commissioner Johnson seconded the motion, and it passed unanimously, 5-0. 11. NEW BUSINESS A. Text Amendment Discussion Asst. Planning Director Cole recapped the proposed text amendment related to Vape/CBD/Tobacco Shops and the existing shops in Cornelius. Commissioner Osborne asked if the limitation being proposed is consistent with other municipalities. Mr. Cole stated yes. Commissioner Sansbury asked if the shop owner on Catawba knows that the Board is discussing this topic. Mr. Cole stated that he did not believe so. Commissioner Sansbury asked if the property owner is aware that his signage is not appropriate for what is desired in the downtown area. Mr. Cole stated that staff has not taken that step yet, because at the time of permitting it was allowed. Deputy Manager Herron stated that it would be good to have the conversation with the shop owner. Commissioner Johnson asked if this amendment would create other issues as gas stations are also selling CBD products. Mr. Cole explained that the definition enumerates “A use that primarily engages in the sale…”, so gas stations will not be impacted as it is not their primary sale of products. Mayor 04/21/25 Regular Meeting Page 7  Washam asked what kind of challenges could be anticipated from an ordinance like this. Attorney Wolter stated that the Town’s job is to protect the health, welfare and well-being of the citizens of Cornelius. A potential challenge could be the infringement on the 1st Amendment; however, there are several municipalities implementing language similar to what’s being proposed. Commissioner Sansbury asked Chief Baucom if children under 18 can enter the store. Chief Baucom stated that someone under the age of 18 can enter the store because it’s up to the private business owner to regulate. Attorney Wolter stated that the State statutes specifically say that products cannot be purchased by anyone under the age of 18. Commissioner Sansbury reiterated that the owner should be made part of the conversation. Manager Grant stated that as part of the text amendment process owners can be part of the public hearing process. Asst. Planning Director Cole presented the proposed text amendment for electronic gaming establishments, the use table, and use standards. He explained that if the Board is okay with moving forward with both recommended amendments, the Planning Board will review and provide a recommendation at their May 7th meeting before the Town Board public hearing and the decision is scheduled for June 2nd. The Board consensus was to move forward with the proposed text amendments and schedule. 12. COMMISSIONER CONCERNS A. Bump Out on Jetton Road Improvements Commissioner Osborne asked that staff have these improvements on their radar if they don’t already. B. Nantz Road Issues Mayor Washam asked Chief Baucom for some insight on what was reported earlier. Chief Baucom stated that CPD does not have anything specific related to property damage made by vehicles pulling boats tearing up yards along Nantz Road. 13. ADJOURNMENT There being no further business to discuss, Commissioner Johnson made a motion to adjourn the meeting at 8:24PM. Commissioner Osborne seconded the motion, and it passed unanimously, 5- 0. Approved this 5th day of May 2025. ATTEST: Woody Washam, Jr., Mayor Lori A Harrell, Town Clerk 04/21/25 Regular Meeting Page 8  AFFIDAVIT OF PUBLICATION Account # Order Number Identification Order PO Cols Depth 34684 650549 Print Legal Ad-IPL02257740 - IPL0225774 1 23 L Attention: Accounts Payable North Carolina } ss TOWN OF CORNELIUS Mecklenburg County } PO BOX 399 Before the undersigned, a Notary Public of said CORNELIUS, NC 28031 County and State, duly authorized to administer oaths affirmations, etc., personally appeared, accountspayable@cornelius.org being duly sworn or affirmed according to law, doth depose and say that he/she is a representative of The Charlotte Observer Publishing Company, a corporation organized and doing business under the laws of the State of Delaware, and publishing a newspaper known as The Charlotte Observer in the city of Charlotte, County of Mecklenburg, and State of North Carolina and that as such he/she is familiar with the books, records, files, and business of said Corporation and by reference to the files of said publication, the attached advertisement was inserted. The following is correctly copied from the books and files of the aforesaid Corporation and Publication. 2 insertion(s) published on: 04/06/25, 04/13/25 In Testimony Whereof I have hereunto set my hand and affixed my seal on the 14th day of April,2025 Notary Public in and for the state of South Carolina, residing in Beaufort County Extra charge for lost or duplicate affidavits. Legal document please do not destroy!