City Council Meeting Agendas and Minutes

REGULAR SESSION OF JUNE 24, 2014 The City of Kings Mountain, North Carolina met in Regular Session at 6:00 p.m. on Tuesday, June 24, 2014 in the Council Chambers of City Hall with Mayor Rick Murphrey presiding. ATTENDANCE The following Councilmembers were present: Howard Shipp, Rodney Gordon, Keith Miller, Curtis Pressley, Mike Butler, Tommy Hawkins and Rick Moore. Also present: Mickey Corry, City Attorney, Marilyn Sellers, City Manager and Lynda Mattox, Deputy City Clerk. INVOCATION The invocation was given by Pastor James Lochridge, Second Baptist Church, Kings Mountain, NC. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Rick Murphrey. AGENDA ADOPTION Mayor Rick Murphrey asked City Council if they would like to make any changes to the proposed agenda. Mayor Murphrey stated there was a typographical error on Item # 9 (k) and it should read 2013-2014 rather than 2014-2015. Upon motion by Councilmember Howard Shipp, seconded by Councilmember Rick Moore, it was unanimously voted to adopt the agenda as presented with the one correction noted. SPECIAL PRESENTATION AND RECOGNITIONS City Councilmembers Comments and Remarks: No comments or remarks were made. Minutes – June 24, 2014 Page 2 MAYOR’S COMMENTS AND REMARKS Mayor Murphrey read a Proclamation honoring Nelson Cody Clemons for his accomplishment of achieving the rank of Eagle Scout. SPECIAL EVENTS UPDATE Ellis Noell updated City Council the following events: Revolutionary 4th – July 4 and 5 BeachBlast – July 19 CITIZEN RECOGNITION: Beauford Burton, Marie Jackson, Dale Leiser, Eddie Lovingood and Adam Forcade addressed the City Council with concerns about the proposed casino in Kings Mountain. CONSENT AGENDA Upon motion by Councilmember Rick Moore, seconded by Councilmember Keith Miller, it was unanimously voted to adopt the following consent agenda: A. Approve Minutes of the Special Work Session of May 15, 2014; Budget Work Session of May 22, 2014; and the Regular Meeting May 27, 2014. B. Re-appoint Rick Moore and Rodney Gordon to the Tourism Development Authority Committee. C. Appoint Bill McMurray and re-appoint Ernest Rome, Preston Todd, Tyler McDaniel, Russell Wingfield and Dick Schafer to the Moss Lake Commission. D. Appoint Katherine Allred, John McCoy, Carl Morrow, Goldie Diggs, Jonathan Rhodes and James Conrad to the Senior Center Advisory Board. E. Adopt amended Budget Ordinance 14-06 for FY 2013-2014. F. Adopt amended Ordinance 14-07 for Capital Fund Water System Improvements Project for FY 2013-2014. G. Adopt amended Ordinance 14-08 for internal Workers Comp Fund for FY 2013- 2014.  Minutes – June 24, 2014 Page 3 H. Adopt Ordinance 14-09 for the FY 2014-2015 Workers Compensation Insurance Financial Plan. I. Adopt Budget Amendment Ordinance 14-10 for FY 2013-2014 to amend the year end increases to the Health Fund. J. Adopt Ordinance 14-11 regarding the FY 2014-2015 Health Insurance Financial Plan. K. Adopt Ordinance 14-12 establishing a Capital Project Fund for FY 2014-2015 2013-2014 for expansion of the Senior Center. L. Set the date of July 29, 2014 for the required Public Hearing for future Community Development Block Grant (CDGB) Application(s). PUBLIC HEARING Upon motion by Councilmember Mike Butler, seconded by Councilmember Howard Shipp it was unanimously voted to recess the Regular Meeting at 6:20 p.m. and enter into a Public Hearing to discuss the following: (continued from April 29, 2014) Public Hearing to consider rezoning request by Carl Spradley for property located at 125 Grand View Drive from R-10 to Conditional Use R- 20 (CUR-R-20) – Case No. CUR-1-1-14. The property is also known as Gaston County parcels 217611,153199, 153202 and 153205. – Steve Killian, Planning Director It is the PZB’s recommendation to approve the rezoning request per the information in your packet which is what the PZB voted to recommend when they last had this at their meeting. The applicant has proposed conditions, including keeping the development to the east side of the ridge and thereby preventing runoff from going onto the homes on the west side of the ridge. Also, the applicant has committed to and will finalize whatever is necessary to make the eastern route into the property the primary access for the horse/agricultural operation. Staff concurs with the Planning Board’s recommendation and believes it is acceptable to approve this knowing that there are conditions in place suitable for such an operation with neighbors nearby who have significant runoff during rain events. The applicant has made significant compromises in order to become a good neighbor to all. No one else requested to speak for or against this matter. To consider a rezoning request by Dennis Bolin for property located at or near 115 Bolin Drive (near the intersection of Hardin Drive and Stony Point Road) from R-20 Minutes – June 24, 2014 Page 4 Residential District (R-20) to R-20 Residential District (R-20) with Solar Farm Overlay District – Case No. Z-1-5-15. The property is also known as Tax Map 4-24, Block 1, Lot 9 or Parcel 10800 (portion). – Steve Killian, Planning Director. The Planning and Zoning Board unanimously recommended installing a 17.3 acre solar farm district overlaying the existing Residential R-20 district as requested. Our land development plan will show the area to be residential and at a lower intensity level than many other areas of our jurisdiction that have public water and especially those that have public sewer. The site is generally adjoined or surrounded by either residential development or by agricultural uses. To the north is a creek and steep lands rising to residential development beyond the creek, to the west is an adjoining mobile home park, to the south is residential development with significant forest cover, and to the east is land owned by the applicant which is either mostly agricultural or low density residential. This site is close enough to three-phase power that an economical connection to a solar farm can be made and this appears to be the main site selection criteria. There were two adjoining property owners who attended the Planning and Zoning Board meeting. One was supportive and has agreed to sell land to the applicant that may become the construction entrance connected directly to Stony Point Road. The other attendee had a home some distance from the subject property that would be in a solar farm district and they asked for information about this and other potential development in the area. Both were invited to attend the council’s public hearing and express their opinions about the project. It is important to remember that this is the equivalent of a conventional rezoning that allows only one additional use, electricity generation by means of solar, as long as that use follows all of the special requirements for solar farm listed in the zoning ordinance. Said differently, the applicant cannot offer conditions, however, the use when implemented must comply with all requirements in the zoning ordinance. Staff concurs with the planning and zoning board’s recommendation. Councilmember Mike Butler stated: “I thought we were trying to regulate Solar Farms coming into town.” Steve Killian explained that this method was more appropriate than just dividing it into Heavy and Light Industrial Districts in that Solar Farms need a three phase power connection and they do not go in unless the City Council adopts an overlay that would allow them to come into a specific site. Mr. Killian also explained to Council that this Minutes – June 24, 2014 Page 5 site will not be seen from Stony Point Road. You will go over a crest and down into the site and it will not be visible from the road. Dennis Bolin spoke in favor of the request and stated his property is in the ETJ and not in the City limits. This is agricultural property. It is a very small part of the total acreage and there should not be any impact, it is very passive. There would not be anything other than routine maintenance once the site goes in. No one else requested to speak for or against this matter. Upon motion by Councilmember Howard Shipp, seconded by Councilmember Rodney Gordon, it was unanimously voted to close the Public Hearing and re-enter into the Regular Meeting. at 6:30 pm. Action on Item 10-A Mayor Murphrey read the following Governing Board statements: GOVERNING BOARD STATEMENT “FAVORING” THE CHANGE FROM R-10 TO CUR-R-20. The Planning and Zoning Board acknowledges that the Land Development Plan shows the subject property’s area to be residential. Development in the Area is a mixture of detached single family homes, manufactured homes on individual lots and agricultural uses. There is a lack of adequate or sufficient public sewer near the subject property, therefore only the existing uses are likely to continue or expand for the time being. The subject property is bordered by property zoned Residential R-10. The size of the lot is sufficient for small scale agricultural uses that could include limited livestock uses on the property with the condition that the agricultural uses be placed to minimize the impact on adjoining property owners. Given the uses in the area and the use proposed, the rezoning is in the best interest of the community. GOVERNING BOARD STATEMENT “AGAINST” THE CHANGE FROM R-10 TO CUR-R-20. The Planning and Zoning Board acknowledges that the Land Development Plan shows the subject property’s area to be residential. Development in the area is a mixture of detached single family homes, manufactured homes on individual lots and agricultural uses. There is a lack of adequate or sufficient public sewer near the subject property therefore only the existing uses are likely to continue or expand for the time being. The subject property is bordered by property zoned Residential R-10. Although the size of Minutes – June 24, 2014 Page 6 the lot is sufficient for small scale agricultural uses that could include limited livestock uses on the property, the topography is such that changes in the property to agricultural uses will impact adjoining and nearby properties with additional run-off, loss of tree cover and possibly additional traffic because of the agricultural uses. Therefore, given the uses in the area and the possible impacts of the use proposed, the rezoning is not in the best interest of the community. Upon motion by Councilmember Keith Miller, seconded by Councilmember Curtis Pressley, it was unanimously voted to adopt the Governing Board statement favoring the rezoning request. Upon motion by Councilmember Mike Butler, seconded by Councilmember Howard Shipp, it was unanimously voted to adopt Ordinance 14-13 amending the zoning map – 125 Grand View Drive, Case No. CUR-1-1-14. Action on Item 10 (B) Mayor Murphrey read the following Governing Board statements: GOVERNING BOARD STATEMENT “FOR” THE MAP AMENDMENT Solar farms on a case by case basis may be the best primary use in the jurisdiction’s most intense use districts such as Light Industrial and Heavy Industrial districts and in the less intense use residential districts such as R-10 Residential and R-20 Residential, provided all development and performance standards in the zoning ordinance are followed. This map amendment which allows a solar farm district to overlay an R-20 Residential district having infrastructure suitable for a solar farm and whose solar farm uses do not conflict with higher intensity potential uses is in the best interest of the community. GOVERNING BOARD STATEMENT “AGAINST” THE MAP AMENDMENT Although solar farms may sometimes be the best primary use in the jurisdiction’s most intense use districts such as Light Industrial and Heavy Industrial districts and in the lesser intense use residential districts such as R-10 Resident and R-20 Residential, provided all development and performance standards in the zoning ordinance are followed, they are not desirable in all cases. This map amendment which would allow a solar farm district to overlay an R-20 Residential district may not be in the best interest of the community because of issues with infrastructure or with potential higher and better uses of the subject property. Minutes – June 24, 2014 Page 7 Upon motion by Councilmember Keith Miller, seconded by Councilmember Rick Moore, it was unanimously voted to adopt the Governing Board statement approving the request. Upon motion by Councilmember Rick Moore, seconded by Councilmember Mike Butler, it was unanimously voted to adopt Ordinance 14-14 amending the zoning map – 115 Bolin Drive, Case No. Z-1-5-15. ADJOURNMENT Upon motion by Councilmember Howard Shipp, seconded by Councilmember Mike Butler, it was unanimously voted to adjourn at 6:40 pm. BY:____________________________________ Edgar O. Murphrey, Jr., Mayor ATTEST: ____________________________________ Lynda G. Mattox Deputy City Clerk