Planning Commission - Regular Meeting

I'm going to go ahead and open our planning board meeting for this evening. We are shy of one, but we certainly have a quorum. And thanks for everyone being here tonight. If you'll bow with me, we'll open in prayer. Dear Heavenly Fathers, we come before you. We thank you for this opportunity to be of service tonight. I thank you for this board that spends their time in research and giving back to the community by being here with me. We thank you for this country that you've given us. We thank you for our wonderful town, our state, all that you provide for us. As we come before you, we ask you for guidance and leadership in the decisions we make and that you will be with us every step of the way. In Christ's name I pray, amen. You'll stand please for the Pledge of Allegiance. Hi, Mr. Ford. Again, we welcome you tonight and thank you for being here. I've got a couple of comments to read as opening statements. The first is regarding general public comment, which we have every month at the beginning of the meeting. At our first meeting of each month, we set aside some time to allow public comment from our citizens or anyone wanting to address the board. Each speaker is given three minutes in which to comment. Speakers are expected to be civil and respectful to the board in their language and presentation. It is the board's practice not to respond or engage in conversations with anyone who speaks in order to give the speaker the full amount of time to voice their concerns. If you raise a matter you would like addressed either by the board or by the town staff, please leave your name and contact information with the board's administrative assistant and someone will contact you. Please understand that state law prohibits us from discussing employee personnel matters with you. Public comment as part of the public hearing. Unlike public comment regarding general matters held at the beginning of our first meeting of the month, public comment as part of a public hearing is meant to specifically address a particular agenda item being considered by the board. Those wishing to speak must sign up prior to the meeting online or by calling the town clerk. A public hearing entails a staff presentation of 15 minutes, an applicant presentation of 15 minutes, with both the staff and applicant having additional time to address any questions from the board. At the end of these presentations, I will call on the citizens who have signed up prior to the meeting. Each speaker from the public will have three minutes to speak and may not bank or lend time to another unless four or more people supporting the same position designate a single speaker to represent them. In such case, the designated speaker will be given six minutes to speak to the board. The total time for public comment will be limited to 30 minutes for the first 10 speakers, whichever occurs first. Once public comment ends, the applicant will have five minutes for rebuttal. Again, Ms. Smith, we had no one for general public comment. Thank you. Adjustments to the agenda? Mr. Coley? I understand we have one.

There is. There is one adjustment to the agenda this evening. It is related to the conditions for the case you're hearing tonight. The entirety of the MMA has been added to those conditions, and then 14, 15, and 16 were also added as well.

Okay. Thank you, sir. Then I'll ask the board to accept those amended conditions and to make a proposal to accept and adopt the agenda presented. A motion from Mr. Mack? Second. Second from Jeremy. All in favor?

Aye.

Thank you very much. With that, we'll take a motion for the approval of minutes.

So moved.

We have a motion from Mr. Cold. I have a second. Second. Mr. Port. All in favor?

Aye.

Any old business? Then we'll move to new business, item nine, which is to consider conditional zoning request CC2025-20 for a 35.606 acre site located on McCrary Road. Patrick, how are you, sir?

Well, sir, how are you all?

Welcome for your first case tonight.

Thank you. We will recognize the attorney at this time.

So I just wanted to very briefly touch on the scope of municipal authority. North Carolina is a hybrid state, which means that municipalities are typically granted authority from the state. And states are often referred to as either Home Rule or Dillon's Rule states. In Home Rule states, municipalities have broad powers to make their own rules. And in Dillon's Rule states, municipalities can only exercise powers that are expressly granted to them. implied or incident to the powers that are expressly granted to them or that are essential to the municipality's purpose. As I stated before, North Carolina is a hybrid state. It is not a home rule state, and grants of authority are interpreted more narrowly than in Dillon's rule states. I can get the next slide. Thank you. In North Carolina, cities and towns can only exercise the powers and authorities that are expressly granted by state legislature. There is no inherent authority for a city or a town to act. The authority is granted through state statute or local bills adopted by the state legislature, and the state legislature controls whether a state, county, or municipality has authority over a service or a governmental function. The state legislature determines through state statutes what the town can or cannot do. Thank you.

Just to give a quick land development overview, For by-right or base district development, all land is eligible to develop under local zoning regulations, which establishes permitted uses, densities, and other associated development standards. Development complying with existing zoning is approved administratively by staff. By-right or base district rezonings, these are rezoning requests to a base zoning district. Such requests require approval by the town board. However, no conditions may be added. Additionally, a conditional rezoning is where developers may voluntarily enter into a conditional zoning district to restrict uses, densities, and other site features as depicted on a concept plan. Conditions may include site enhancements or community benefits. For example, increased buffers or residential design standards. Conditional rezonings require approval by the Board of Commissioners and become binding through a site-specific ordinance approved by the commissioners and affidavits signed by the property owner. Tonight, I will be presenting CZ 2025-20 for Brilliant Grove. My name is Patrick Werner, a planner with the Planning and Community Development Department.

Thank you, Mr. Werner. I'd ask the board if there are any conflicts of interest in this matter. No. Being none, please continue.

As stated, this is CZ-2025-20 for Brilliant Grove. The request is to develop 77 single-family detached homes. The request to rezone from Iredell County Residential Agricultural to Town of Morrisville Conditional Traditional Neighborhood. This rezoning request aligns with the strategic priority area of individual and community economic vitality by supporting the strategic plan goal to support development of housing, employment, and educational choices to support economic sustainability. A quick overview of the site. The owners are Joseph Crisp and Deborah Williams. The applicant is Mattamy Homes. The location is 163, 179, and 187 McCrary Road. The size of the parcel is 35.61 acres and would reside in voting ward four if annexed. Here you will see a couple of site photos. On the left is 163 McCrary, on the right is 179, both single family detached homes. Additionally, 187 McCrary, another single family detached home. The rest of the 35.61 acres is heavily wooded area. Some site history, the site is currently zoned Iredell County residential agricultural and is requesting conditional traditional neighborhood. The site does lie within the WSIV critical area watershed of Lake Norman, which limits impervious coverage to a maximum of 50% with the high density option. Additionally, the site does have two stream buffer constraints as well. Some highlights of the project. This proposal is for a 77 single family detached homes at a density of 2.2 dwelling units per acre. For reference, the by right traditional neighborhood is eight single family detached dwelling units per acre. The project also includes three large open spaces, totaling 3.06 acres. Additionally, the development is committed to enhanced architectural design, such as enhanced housing elevations for corner lots. Additionally, TI mitigation measures include the widening of McCrary Road approximately 1,500 feet to provide 11-foot wide travel lanes. Additionally, the project will provide frontage improvements, including curb and gutter along the entire frontage along McCrary Road. The proposal here is with the approved concept plan that staff has approved. The neighborhood meeting was held on July 30th, 2025. It was an in-person meeting held at the Holiday Inn Express in Suites Mooresville. 19 community members attended and questions were raised related to roadway access during construction and runoff mitigation that were addressed. Staff has found that some of the map amendment standards have been met. The site is consistent with the future character land use map designated as peninsula residential. The site is compatible with the existing land use, creating a logical transition and orderly development pattern. The site is in tier four of the growth map. Therefore, this area is not a town priority for utility connections at this time. And the site is within the five mile response coverage area. However, this area is outside the preferred four minute response time for station two. The applicant is here with a short presentation if there are no questions for me staff at this time Thank you.

Mr. Warner questions from the board.

Oh I'm just want to clarify for my own understanding going forward. So this is owned Iredell County Single family and Agriculture And that would allow eight units per acre?

To clarify, that would be for if it was a buy right rezoning request to traditional neighborhood, that would allow up to eight dwelling units per acre.

And how would there be, 50% can't be built on? It just seems a little bit, I don't want this to be, it seems great, we're going from eight to two. And it doesn't, if I take 35 acres and I can't build on half of it, now I only have half of those 35 acres, so we can't build 8.8 units per acre on the 35 acres, right?

Correct.

And if it's going to be well and septic in that area or septic alone, is there really room for that? I just, my understanding was that most of the Iredell farm type of property was two goings per acre. So it's the first time I've seen this. I've just wanted to be sure if I could understand it better, why this is eight has the opportunity for eight per acre in this particular as a buy right in the county.

The request, just to clarify, would be to also annex as well, so that would bring the town utilities. I don't know if that helps to clarify anything. No. Okay.

Not for me, it doesn't. Because annexation is a big question as well, but... It just, we're just kind of, I just wanna be sure I understand, because I've never, this type of comparison showing this big of a difference seems to be a real plus for less density, when in fact, I don't understand.

I guess that's all I'm saying.

Absolutely. Thank you, Patrick. And the applicant, I'm gonna defer to the applicant to better address the question.

Well, I don't know if they would be the ones that would understand the by right nature of the county

zoning that's what i'm questioning is you guys so just for clarification so as i'm reading through this my understanding is the proposals to to basically zone a conditional tn right which is up to buy right eight per acre however because it's conditional this is 77 units which is 2.2 per acre

Right, that's how I understand.

However, what it's currently zoned as today is RA, which.

Which is two units per acre.

If they want to annex in without the site plan, they would come in as TN, correct?

If they wanted to annex.

Without a site plan, straight zoning and come into Morrisville, it would be TN.

All right. There is not a current zoning designation, as it is not currently in the ETJ. Gotcha.

But I still don't see how you would build eight units per acre on this property with sewer. Nor have I ever seen, I just don't ever notice or knew that there was county resident agriculture property that was zoned agriculture or agriculture residential, which wasn't two units per acre, due to the basic nature that there's no sewer.

My only estimate would be that it would have to have support with a package plant, something of that nature, in terms of sewer, to handle that. Just as offering, I've noticed some of that. Early on in the county, when they expanded out Langtree Road and so forth, that's where we got some of the package systems in that supported those areas that had crater density. So I'm just assuming it might be something of that nature to support what the county has.

And that would be something that stayed in the county? Correct.

And it's, well, it's still like Langtree Road where some of those developments are. They are still in the county, not in the town jurisdiction.

Okay. Thank you. Sorry if that was a. I'm still located. Okay.

Thank you, Mr. Werner.

Are there other questions from the board or staff?

Then if not, if the applicant would like to come forward for their presentation.

Thank you, Mr. Chairman, commissioners. My name is Colin Brown. I'm a land use attorney with the law firm of Alexander Ricks in Charlotte. My colleague, Sarah Beeson, and I will be presenting this tonight. Great question you asked, and I was going to start with that as well. We do rezonings all over the Charlotte metro, Mattamy homes. We particularly enjoy representing. Sometimes you see rezonings like this. You see a developer. They get the rezoning. They flip it to a developer, and they flip it to someone else who builds. Mattamy is a little different. They do everything start to finish. They develop the land. They build the homes. They warranty the homes. They manage the HOAs. that puts them in a little bit different situation. Which brings us to conditional zoning, which is the question you were asking. And so I think to clarify, and what I'll ask the board and the community to consider is, you know, oftentimes if we come in and we're proposing 77 homes, you know, if I go to the community and I say, would you like 77 homes? They're going to say, no, thank you. You know, if the choice were no development or 77 homes, it's a clear choice. So what we do ask the community to evaluate in the planning board is something can be developed by If we did not move forward with a free zoning or Mooresville said, no, thank you, this land is still for sale, developing under the existing zoning, the way we've evaluated, we think at least 50 homes could be developed by right with no rezoning. So that's the way that we've looked at it, and we'd ask you to consider that. If nothing is done, we think at least 50 homes, right? Now, we are requesting a zoning district. The zoning district we're requesting would allow up to eight homes per acre. We do not want that. We're asking for 2.2. So in the comparison, Mattamy Homes, we're proposing 77 homes. You say by right, maybe it's around 50 homes. So we are asking for more homes. The point, the positive about a conditional rezoning, what we've enjoyed doing in Mooresville is yes, there is an ask. We are proposing more homes that are allowed by right. But we're proposing higher quality. We're making other commitments. Typically, when we talk to the community, folks say, look, if something's going to get built there, if there are homes coming, we'd rather have a seat at the table. We'd like some certainty about the site plan. And because Matt and me will develop kind of start to finish, they can make additional commitments on the quality of the homes, the architecture, how stormwater is managed. And so that's the point of this process. As we move forward, we've got another couple months before the community meeting. We'll expect to have continued conversations with the community, and often the anatomy team is willing to commit above and beyond the ordinance standards. So thank you for the opportunity. I'm going to turn it over to my colleague Sarah Beeson, Mooresville native and Lake Norton High School alum, to go through their plan. Thank you. Thank you very much.

Thank y'all. So Sarah Beeson, Alexander Ricks with Collin, and I will jump right in. So I've been introduced. We're just going to run through the property. Patrick did an awesome job giving an overview, so I won't kind of waste time and kind of skip through where I think we have sufficient background for that with you all.

Ms. Beeson, forgive me, but I don't think we got an address. No, you did not. You wouldn't mind for the public record.

So Alexander X, 1420 East 7th Street, Charlotte, North Carolina, and personal is 119 Barber Loop, Mooresville, North Carolina.

Thank you very much.

Yes, sir. So tonight with us, along with Colin and myself, we also have Matt Mandel with ESP Associates, who I'm missing. And then we have Michael Wickline with Design Resource Group, who are the site engineers and traffic engineers and can address any of those questions if those come up later. We also have, sorry, skipping Jerry. And Jerry with Mattamy, who is vice president of land acquisition. So here's an overview of the property location. As you can see, we're immediately adjacent to Lake Norman High School there at the intersection of 150 and then Dooley and Perth where that runs up by the Harris Teeter. There's also several apartment complexes already existing to the north of the site and then immediately north of the site as well is a smaller kind of commercial mixed industrial park. There's residential to the west and southwest as well. As Patrick noted, this is not within the town's ETJ or town limits, so we are seeking a conditional rezoning along with an annexation into the town. This is showing a compiled zoning of the existing Idle County as well as Mooresville, because we are right at that edge, so you're seeing both. And this gives you a full picture of the variety of uses right here. As you noted, we are RA under our county, which is two dwelling units per acre. There's also a watershed overlay, which is where that 50 lots came in. Once we take the two and overlay it with the watershed, that's where it brings it down. This is the Mooresville zoning that's existing, showing that mixed-use corridor, some RLS, as well as those larger conditional zonings for the existing neighborhoods and shopping centers. So the conditional zone plan is a 77 single family detached lots for traditional neighborhood. As we've noted, this is 2.2 dwelling units per acre below the eight that would be permitted in TN. As we've done and Mattamy has done with all of their sites here in Mooresville, over off of Shears and off of Langtree, this is intentionally designed with the lots internal to the community. There are no shared property lines between the future building lots and any adjacent property owners. As you can see, the common open space, tree save, perimeter buffers, all provide significant separation between the proposed homes and those adjacent properties. As Patrick noted, there are active open spaces that are proposed. There are three. Here's just a conceptual rendering of how Mattamy sees those potentially being developed trails, benches in those areas. part of the concept plan approval for the morsel project you have to have the traffic impact analysis to the extent you trigger which we did completed before you can ever get that approval so design resource group committed conducted that study of the site with ncdot and the town we have the fully executed mitigation measures agreement we have two recommended items really only one off site and that is to widen mccrary road about 1,500 feet from the site access to where the NCDOT 150 widening project will come into McCrary. And that will widen it to 11-foot lanes with two-foot shoulders. And so we've turned it just to make it easier to see. Sorry. So to the left of the screen is 150, and then you're running south down McCrary as you go across page to the right. And the orientation is the same on this exhibit. This is showing the actual site frontage. So those red lines are the perimeter of our property across all of the assemblage. There will be curb and gutter along the frontage, along with a six foot planing strip and a six foot concrete sidewalk. We understand that the widening project at 150, as myself who drives it every day, is a key component and the timing of that and how this project will come in line with that. Based on conversations with NCDOT and their published timelines, this is how that phasing is going. So the site, as you can see highlighted to the left, we're in phase three. Right now phase one is already commenced and they are working on that construction, kind of more towards the, excuse me. the i-77 intersection they then project phase two commencing construction uh later this winter early next year and then the phase three that we are closely associated with is going to start december 26 january 27. and so how that relates to madame's projected timeline is assuming we get the approvals between tonight and then from town board We would hope to start land development this fall, or next fall, 2026, starting homes as early as spring 27, and then having the first home for sale in fall of 27, but really no one moving in and occupying before spring 28. So now I'm gonna turn it over to Jerry to walk through the product that Mattamy's gonna be putting on the ground and the commitment that they're making to Mooresville.

Thank you. Yes. Jerry Whalen, Vice President of Land Acquisition for Mattamy Homes. Do I need to give my address? If you would, please. 12642 Framfield Court in Huntersville. Thank you, sir. Sure, thank you. Just a comment or two about Mattamy Homes in case anybody isn't familiar. I always get a question about the name. It's our founder's two kids' names, Matt and Amy put together, Mattamy. A lot of people mispronounce it, but it's Mattamy. But as Colin mentioned earlier, We are a developer, so we acquire property, we develop the property, we build, and sell the homes, we warranty the homes, and we're the HOA all the way through the project. So if you think about that timeline that we just talked about of 2028 when a house first would get built all the way through the end of the 77 homes, we also give a 10-year warranty on our homes. So it's somewhere around a 15-year period. When we commit to a community, it's about 15 years from start to finish. And every home that you'll see that I'm gonna talk about here in a second, we are a for sale builder. We do nothing wrong with the rental business. It's just not our business. We do not do rental homes. Everything here is a for sale home, which we project to start in the five hundreds. But this is a model home picture that I'm showing there right now. This is in our Huntersville community. It's off exit 23. And this is one of many, but that's our model. Driveways out because the the model sidewalk sidewalk is in and the home that represents our homes Somewhere between twenty four hundred and thirty two hundred square feet two-car garage two stories four and five bedrooms You can flip to the next one. This is just another example, so we expect folks to want two-story and ranch homes as well So this is one of our ranch homes. We this is one of our models down in our mental mental community This is something that really sets mad at me a little bit apart from our competitors. We call it an enhanced side elevations. So you can imagine pulling in that front of our neighborhood there. And the first thing you see is the side of a house. And I think we've all probably driven into a neighborhood and say, well, I wish I didn't see the side of the house. So we grab key areas as all those stars represent, those areas that we call them high visibility, that we want to do something a little different on the side of the house and not look like one window, or in some cases, some of our competitors have no windows on the side of a home. So we create those opportunities, we commit to them in this conditional rezoning that we'll do what I'm gonna show you here in a second so we can flip. So this is our model on the left, that's that same model in Huntersville. And you can see the side elevation there looks a lot like the front. So we add features, we add windows, that small gable trim stone on the foundation to make that side elevation look more appropriate when you pull in the community. And we really think when you build out a community, it looks great. The one on the bottom right, it's a competitor of ours, but that's what we're trying to not do, right, what's on the bottom right there. And I'm gonna pass it back over.

And so another commitment that was on there was building height would be capped at two. I know some other times we've heard concerns about three stories, but this one just for the avoidance of doubt, we have capped it at two stories and relatedly for any concerns about fire response. I know they had referenced, right, we're in the five miles, maybe not within the four minute preferred, but the fire marshal did confirm we are within the actual required five minute response time for the ISO rating. We are not part of the Mooresville graded school district. That property would be part of Iredell County, Iredell State School schools, and that's Lakeshore Elementary, Middle, and then Lake Norman High. These are the latest kind of capacity figures that ISS provided with Lakeshore Elementary and Lake Norman near capacity with some movement, Lakeshore a little bit lower. We also have Parktown Elementary, Parkertown Elementary, and Weathers Creek High School that are coming online by August 27, so ahead of the first house opening, being occupied. When we also look at U.S. Census data, they've seen that, you know, if we're looking at what is the impact of this, again, going back to a by-right comparison versus what is being proposed tonight, if we look at a 50-lot project of single-family homes, it's estimated about 31 students will come out across elementary, middle, and high, so about 10 per grade level or per kind of level of school. With 77 lots, you're projected at 48, so about 16 across those three schools. So we're looking at a delta of six students per school level from this project. Another commitment the MADME has done, not only in this project, but at Shears and Langtry as well, is offering an attainable unit. So in this one, it's one attainable unit within that 77 lots, out of below the 120 AMI. In addition to that commitment, Mattamy has partnered with the Building Homes for Heroes project here in the town. And Mattamy, along with ESP, are helping that veterans organization to get that project up and running and to get those homes horizontal. And so here is a quote from Kimberly Bessey, President and General Counsel of Building Homes for Heroes, which, again, if you don't know, is a national nonprofit dedicated to the building and adapting mortgage-free homes for our nation's injured veterans and first responders. Together with the town of Mooresville, we are creating a hero community of 12 to 15 single-family homes that will offer these heroes a place to heal and thrive. We are deeply grateful to Mattamy Homes, ESP Associates, and Alexander Ricks for making this vision a reality. And this is the concept plan that they are working with, Building Homes for Heroes, to make that a reality. Okay, and Jerry and Colin kind of gave an overview of Mattamy, being sensitive to time. So they have a better business rating of A+, and are throughout the Charlotte area. In their Atlanta Braves, if you're a big fan or not, they did partner with them in their Sarasota community, and that practice or training field is actually within the Mattamy Homes community. As Jerry noted, they are spread throughout the Charlotte area, Huntersville, Charlotte, Mint Hill,

the end and more as well we have two projects already approved and going through going through the works so we look forward to any questions that you might have and we are here to answer those thank you very much any questions from the board yeah so just going back to the timeline i saw the first home completion projection was 2028 what about total community build out when's the whole community projected to be done

Most likely we'll close about 30 homes a year. So if the first closing you would get 29, 30, and 31. So 20, 31 would probably be finished. And then we do that 10-year warranty that I was describing after every home gets a 10-year warranty.

And do we know how that coincides with the timeline for 150 when they're going to be done? We do.

I'm going to put that slide back up.

That's when it's starting, but when is it finished?

So that is a moving target, but I will defer to Michael Wickline.

Michael Wickline, Design Resource Group, 321 Kilmer Lane in Mooresville. So everyone knows that, you know, DOT, they have projections The only thing we can do is report what they tell us. So all the information you're seeing about the start date was confirmed about a month ago directly with the district office. They're estimating, they were originally estimating somewhere between a three to five year build frame from when it started. So starting this year, the current estimates put it somewhere around 2030 for being fully complete. You know, there's a little, I know that they were talking about at least the last conversation I had They said there are these sort of phasing points, but I do know that there's a little bit of flexibility built into that where they may allow the contractor to start on the bridge, because that takes a little bit longer and those sorts of things. But in general, expecting around 2030 as of the latest projections. Thank you.

Any additional questions from the board?

Yes, while working through the process with the town was there any discussion ever to create a tap into Lake Norman high school for an emergency exit or some kind of flow.

Yes, there have been conversations about that. The answer that we have gotten from Lake Norman high school is they would not prefer that for security reasons. So we're not providing that it's we've joked a lot about it. We may even have kids parking our subdivision trying to walk to game. So it's It's something we've talked about. They have told us for security reasons they would not like that to happen.

I appreciate that. Sometimes you could lead a horse to water.

Any additional questions from the board? If not, thank you very much for your presentation. And with that, I will open up the public comment portion of this this evening. And I think we have four speakers that are set to address the board, first being Dale Thomas. Mr. Thomas, if you'd please give your name and address.

I do have a point of clarification before I begin. Yes. I do have pictures that I'd like to submit. Is that able to be done?

Yes. If you give those to Ms. Smith, she can distribute those.

There's multiple copies.

Dale Thomas, my legal residence is 128 Mangrove Lane, Tavernier, Florida. My local residence is 122 Wickford Lane, Mooresville, North Carolina. Thank you. Dear Board members, for over 20 years, members of my family have resided at Hidden Lane, directly adjacent to the property in question. Further, we as a family have been engaged with the greater Mooresville community since the early 1990s. We are not against development, but we are for the responsible development of communities. I stand here with one of six books documenting the poor development of Lake Norman High School, both apartment complexes along 150, the business park adjacent to the proposed property, and others near my sister's home. What raises substantial concern for us is the environmental impact the development will have on 2 streams that directly feed into nor north into lake norman from this property. The current owner has gross neglect in maintaining the property erosion control and general maintenance of the property. Based upon all of the surrounding properties' lack of sustainable environmental growth, we have taken numerous actions to save, protect, and preserve the lake through yearly trash cleanups, dredging, and planting of recommended species from Duke Energy. Further, in the current developmental plans, there are no exclusions to mitigate runoff of fertilizers, pesticides, or general trash entering into the lake. Next, we believe that the setbacks of two lots fall within the required setback on the southeastern corner of the community that is not documented in any of the renderings. There are no documented aspects in the plan restricting people from accessing critical areas that are critical to the watershed, specifically the jagged area near the high school. This area is highly eroded, fragile from leaning trees, and has developed sharp inclines uncharacteristic of the area. lastly the direct impact of the initial development of land is of utmost concern timbering grading and excavation will have immediate impact on us and more likely consume our time in documenting and reporting work that may be found as non-compliant what can this board do to ensure the community is a good standing neighbor table the motion until the developer can have an environmental study completed to ensure setbacks including an environmental mitigation plan I am submitting these pictures to the board to showcase why this is needed. These are from slightly higher rain periods that we would have. Apply additional measures to the approval to support sustainable environmental development, doubling down on silt fence, temporary retention areas, et cetera. Next, a POA or HOA set aside to support long-term environmental remediation. Fourth, HOA restrictions to fragile areas to avoid further damage. Fifth, restrictions on the use of nitrogen and its derivatives, herbicides, pesticides, oils, PFAS, PFOS, and other chemicals that are detrimental to this watershed and our drinking sources. Six, HOA restrictions ensuring that all environmental complaints are responded to within 36 hours and mitigation within 72. Seventh, restrictions on no such structures, play equipment, benches, picnic areas, camping, et cetera. Restrictions to forbid the launch of recreational watercraft, including kayaks, canoes, and paddleboards. Ensuring that the water and sewage is egressed towards 150 if public sewer is going to be utilized. Ensuring that any developmental changes have an environmental impact review and documentation of such review provided to Jason homeowners. And the last to ensure that development includes the planting and continuance of no less than 3 native tree species per North Carolina or property at all times and all common areas must also contain current trees or plantings of needed species last. Ensure that any sewer lift has a proper mitigation and call center monitoring. Further, a documented maintenance plan and response if public sewer is being utilized. I submit my comments. Thank you, Mr. Thomas.

Our next speaker is Harry Orban.

Hi, good evening, Board. My name is Harold Orban, and I'm currently actually building a house on Hidden Lane. It's 124 Hidden Lane in Morrisville. I'm actually going to, when I come to these meetings or have been to these meetings, they remind me of going to my Aunt Becky's house. Often she's a horrible cook. So two things you know when you go there. You're not going to like what you get, but when you leave, you're going to leave alive. So hopefully we get out of here alive tonight with whatever outcome you guys come up with. But what I'll say is that right off the bat, I'm actually an improvement of this project. The reason is because of the alternative. We've seen hundreds and hundreds. It feels like apartments go up. And if Mattamy doesn't build just 77 houses, I can only imagine it would be town homes, more houses in there. And that's what we don't need. So I would say that I'm in favor of this particular project. And that's all I've got.

Well, thank you very much. Thank you. Appreciate your comments. Next, we have Michael Joy.

Good evening. My name is Mike Joy, 315 Whippoorwill Road in Mooresville.

Thank you, sir.

My wife and I have lived on Hidden Cove, located on Whippoorwill Road across from McCrary for 25 years, since before Lake Norman High School and much of the area's development. I am not here to oppose growth, but to advocate for equitable and responsible change. Since 2001, I have witnessed both positive and negative impacts from development. Back then, Hidden Cove had clean water. Now we see increased sedimentation from construction runoff from new apartments and other development, as well as dredging activities. These factors contribute to filling in the lake. Where we once had about 16 feet of water at our dock, we now have about 10. Some of the neighbors at the end of the cove have none, and this negatively affects property values. Prior to our purchase of waterfront property, we were told that the shoreline of Lake Norman was limited in developmental land. Despite this, apartments and homes continue to be constructed at a rate that puts original residents at a disadvantage. Property owners bear tax burdens. Renters do not. During the previous development phases, environmental impact assessments were conducted and unsurprisingly did not report major concerns. However, we later experienced coal ash contamination in our well water, the result of the fill dirt used around the Palisade Apartments. The current proposal calls for more housing and increased traffic around the lake, including the suggestion of potential community access. The size of the cove cannot accommodate such growth without overcrowding and diminishing enjoyment for all, and it should not be classified as waterfront property suitable for additional community access. I personally was denied permission to expand my dock due to setback regulations, yet now there's consideration for lake access for a new community. It has also come to my attention that many of the officials that approve these projects reside outside of that immediate area, and precedent shows that consideration for local impact are inconsistently applied. For example, the recent rejection of a data center proposal on the other side of town. Additionally, rezoning decisions often seem to favor developers over existing residents, while routine property improvements by homeowners are strictly regulated. When I rebuilt my home in 2017, we were forced to replace the septic system due to a 760 line error by the county dating back decades, resulting in significant personal expenses to us. Meanwhile, developers appear to operate with fewer exceptions. In summary, my request is straightforward. I urge the developers and builders to comply with the same regulations expected of all residents. Consistent application of zoning and permitting standards is essential to ensure fair treatment, protect neighborhood character, safeguard property values, manage traffic, and preserve the health of Lake Norman. Thank you. I want to add one thing, too, I was given here. The presentation at the beginning here did not properly show the 500 feet of lake frontage. That was deemed environmental by Duke and other agencies. Thank you, sir. Should I give you a copy of this?

If you have something to distribute, certainly, Ms. Smith can give that to the board members. Okay. Thank you. Thank you, sir. Our last speaker tonight is David Miles. Good evening. Good evening, Mr. Miles.

Chairman, members of the board, my name's Dave Miles. And I am a resident of Mooresville area, Riverwood Road, which intersects with McCrary, so I am a neighbor. And I'm here to comment to you all or talk to you all about a traditional neighborhood, because that's what this whole thing's about, right? A conditional zoning for this traditional neighborhood concept. Traditional neighborhood in the sense that my family and I have been on Riverwood Road before it had a name, Riverwood Road. It used to be dirt. I was here in 1970s and have been here since and now am a permanent resident. I've seen the area grow. 150 used to have four gas stations and that was it. That was while they were building I-77. I won't tell anybody I rode I-77 when it was dirt and came up out of Charlotte on it, but You know, those things happen. Not to waste your time, conditional approval of a zoning request here going from agriculture to bringing in more traditional neighborhood. I'm not here to object to the idea of building single family homes in our neighborhood. That's what we have. Matter of fact, I'm, like others, excited about that, more apartments, more townhouses, more condos. We got plenty of that right across the street in Dooley and Perth Road, and it's going to be a zoo, and who knows what 150 is going to be able to do. I am not only here to talk about traditional neighborhood, but in the sense of density. Mr. Cole, thank you for starting out with that concern. I didn't hear everything you had to say, but I felt like you were talking about how many homes can we pop into 35 acres and what makes sense. And I've heard some of that density question talked about in other senses. Density with respect to I guess it's a roll of the dice, how many children are gonna live in these homes and that will populate our schools and have that density effect. And in a bigger sense, we're talking about widening the road and to handle the density of, right now I think it's what, 77 homes and those homes have two car garages and if I do the quick math, that's 154 automobiles.

Did I do that right?

Yeah. 154 automobiles coming and going every day trying to get out McCrary Road where 150 it took me almost an hour to get here to this meeting because you know I left at five o'clock that's not the best time to ride 150 but anyway and they're building I get it but you all need to think about density beyond this proposal and every other thing you do up and down 150 And how is it going to feed into this highway plan that I think is going to not work good? I think they should put big roundabouts in so things keep moving. It's going to be interesting. So my comment is, think hard about this traditional neighborhood. 35 acres and 77 homes seems to be too much density. We have typically houses that are on about three-quarter acre lot. Mine's right under one acre. That is the neighborhood. And if you want to stay within that character, you'll look closer at the housing density on this 35 acres. I don't know how you get 2.2 houses on an acre. I guess somebody only gets A little piece. I'm not going to play the math, but you hear what I'm saying. The plan looks great. The homes look nice. Glad to have new neighbors in. I just don't think we want to pack them in like sardines. Thank you very much. Appreciate your time. Thank you, sir.

I'll close the public comment portion at that. And I'll ask the developer if you have responses you'd like to give this time.

I think we'll respond to that. Generally, I think at the outset, a lot of what we heard, we are in a conditional zoning environment, so we can continue conversations with the neighbors and perhaps include commitments to address those concerns. So I'm happy we're in the right environment. Let Matt talk a little bit about the environmental issues.

Matt Mandel, ESP Associates, 3475 Lakemont Boulevard, Fort Mill, South Carolina.

Thank you.

To go back through a few of the public comments and concerns, I think those are great points and happy to share some more information about the project and Mattamy. One thing I will point out to address some of the environmental and natural concerns of the site, the site plan has been laid out with existing site conditions, topography, streams and wetlands in mind. Mattamy does a lot of time, spends a lot of time up front doing due diligence on properties and projects as they move them forward. So what you see here is a very intentional design based on some of those constraints and features on the site with the goal of preserving those. So there's two darker green shaded areas with some tree canopy. There are some existing stream features that have been identified. Mattamy has done a stream and wetland delineation, and those features have actually been surveyed. So we have that information and understand where those locations are so we can design around those and protect those. Each of those buffers, as you see, there's a dashed line. It's not as clear here as it is on the concept plan, but there's a 100-foot buffer on each of those streams. So each side, there's 100 feet that will be preserved and buffered. from development. As this project goes through the process with the town, they do their review, and we design that to meet their regulations for erosion control, sediment control, and stormwater control. So there's two stormwater ponds shown here shaded in blue. Those would be designed to treat and detain water that would run off from the streets and lots and release those over time. So the water isn't going to run off all at one time into the lake. It's going to treat and detain at a the rate that it's flowing today, or even slower. A couple other things from my list. I mentioned the stream and well delineation. I think something came up about maintenance. Mattamy, as they go through these projects and deliver these communities, they spend a lot of time budgeting and setting up their HOAs so that those HOAs are established and have funding for improvements for landscaping or maintenance that they need to do. And then over time, as residents move in, Move into the community, they do pay into that HOA to continue to build funds for improvements. I think one thing that was mentioned regarding lake access, we are not proposing any access to the lake, we're not proposing a dock. So just to clarify that comment. Any plantings or landscaping that are done in the community, whether it's the street trees, the buffers, or through the improved open space areas that we showed, those would be designed with plant material that's on the town approved plant list. So that would be reviewed by the town and a lot of those materials are native species as provided by the town. As the site goes through development and land disturbance occurs, Again, Mattamy has plans that are fully approved by both the town and state agencies, so they've gone through a process. Mattamy has not only their internal site team that's working on the site, but they also have third party inspectors that are monitoring erosion control after storm events and reporting that back to Mattamy and to the city. So if there are issues that arise, Mattamy's aware of those and they can rectify those promptly. I think the only other thing that I had in my comment list was just we are connecting, proposing to connect to public utilities, so public water and sewer would be provided. The sewer connection is on the Lake Norman High School property, so that sewer connection would come back to the east and connect to an existing sewer line in the Lake Norman High School property. And I'll turn it back over to Jerry for any other additional comments.

Before you step down, Mr. Cole had a question, I believe.

Is there a stormwater device here somewhere?

Stormwater device?

Yes.

Yes. So we have, if you look at the screen, those two kind of blue shaded areas. Two green ones? Yep. OK. So those would treat the water. The site would be designed and graded to treat those. There would be a pipe network in the streets and a lot of times in the back of lots to catch the water flow.

Yeah, I know how it works. I just wasn't sure if that was there. It's hard to read it on here. So that is your stormwater device there.

Connects. In the proposed water quality areas?

Yes, sir.

And I had a question. I know a lot of time,

lake communities have to do a survey of the lake where they measure to see if there's any silt that up after you know if you guys trigger that being this close to the lake or not I don't know if that's a requirement it may be a requirement but that's typical for us to do is to measure that before we start development activities we've done that in other locations I just wanted to On to two points is matt mentioned that third party so you've probably all driven by a community that's under development and you've seen like a Wall that might have some placards on it and some permits on it And then you'll see a mailbox with a lock on it and inside that that's the third party company So it's it's detailed to the point where that third party comes out after every rain event they check every piece of silt fence and They check inlets, they check the stormwater basins that we were just talking to. They record it, document it, put it back in the box with a lock key. And one of the federal agencies is the one with the key to get in to make sure as well as the town does as well to get in and check to make sure we're inspecting our property after rain events. That same third party company takes that checklist, gives it to our staff, and then they come back three days later. I think it's that they've got a requirement to come back three days later and then check to make sure it was done. And they have to record and sign off that said, hey, I said the silt fence was down by the lake and you actually fixed it. And then we have a record of that and it gets inspected by the town. and by that third party and by the state agency. And it goes on all the way through the process, from the very first time we step on the property, then land development's done, the streets are in, home building activities take over. It's the same thing, same process, every day, every rain event, all the way through completion, And then those basins are managed by the HOA afterward. And remember, we are the HOA as well. One thing that I did mention, the gentleman that was talking before, he had some good ideas. If I don't mind, maybe afterward we can catch up. Some of those suggestions that he had when it came to HOAs, I thought there was a couple of good ones on there. So I think I'd like to talk to him afterward about ways we can do that. Because we write the HOA CCRs and can put certain things in those.

uh as we move through the process so anyhow that's it thank you if you don't mind just a clarification for me how close does duke allow you to get to the water line or the water level in development today what's their buffer typically um i probably need to defer so i know we have another site we have to be what 50 feet 50 feet off is it 50 okay thank you any other questions Well, thank you very much. Appreciate the clarification.

Sorry, one more question. Would you all be willing to state in your conditions that there's not going to be lake access for the community?

Yeah. Yeah, we don't intend to have any lake access or apply for.

I mean, with the streets there, I don't think that, I mean, it took a lot of bridges and stuff I don't want to spend money on. But, I mean, it would make the community more comfortable to say they're not going to have lake access. It looks prohibitive with the plan as it stands.

I think so. Yeah, we would have no problem committing to that.

Are there any additional questions from board members? If not, then while you're here, would you like to? We'll go ahead and go over.

So I just want to clarify. So the board wanted to add an additional condition that would state there shall be no direct lake access from the development. So that would be an added condition 17.

Yeah, and what you mean by that, there's going to be no sidewalks, no trails, no dock, no things like, yeah, okay, yes.

And have you had a chance to read the additional 16 proposed conditions?

Are they the ones that we have? Yes, yes, we have.

And you agree to those conditions?

We do.

Thank you.

Thank you very much. Were there any additional board questions for staff in the matter?

I don't know if it's a question necessarily, but I'll throw this out there. So to familiarize myself a little bit more with what was proposed, this morning on my way to work, I rode my motorcycle down 150. And from the 20 minutes it took me to get there from Williamson Road to McCrary, I drove down McCrary and back up through River Park Road to 150. And it was a train wreck trying to get back onto 150 going in either direction. So I'm throwing that out. That's a concern to me, and it's giving me, it's concerning to me. So what, if anything, Can you all say that could ease my concern? I'll throw that out.

I'll let Michael speak in a second. I guess just top of mind really is what comes up is why we had that one slide about the timing. Certainly, I agree with you. Current conditions are I've lived in the area for 30 years. I've had family out 150. I know what you're saying. Our staff talked about it on the way in here. So the way it is today, I don't have anything good to say about the way it is. The way it's proposed is really what we need to all count on is that what's going to happen at McCreary, widening that road. And I believe it's a right turn only when you exit. And I know Michael knows the DOT plan better than I do, so I'm going to let him speak to that.

yes so you know speaking to the widening the reason why the request came from ncdot to widen mccrary to begin with was because it's you drove down it's severely narrow right it's it's under dot standard so it's getting it up to their typical required standard now in terms of control and if you're on mccrary wanting to get on to 150 i'm not sure how familiar you are with the nc150 plans but essentially They call, NCDOT calls it a reduced conflict intersection corridor. So the majority of the intersections along NC150, you will not be able to make a left from the side streets onto 150. You're going to make rights. You're going to go down to U-turn bulbs that are signalized that can accommodate up to WB67, big 18-wheeler tractor trailers. So the way that NCDOT pitches that is you're trading a little bit more distance for a whole lot less travel time. So when you approach McCrary, you will not be able to turn left. It'll be a right turn only. There's a couple of signalized locations where there's different left ends and different other controls that provide gaps. This has been, you know, studied and the way that NCDOT has decided to move forward and is anticipated to really help with the delay issue of how long it takes you to get in and out of these side streets because all it takes is you know now is one person trying to make a left onto 150 from McCrary that stops everything up and because they don't have a gap to go and it creates concerns So in addition to that, you know, there will be an additional lane in each direction. And then once you get to Perth, it's another two lanes in each or another lane in each direction. So it's three up to Perth and then past Perth, it's going to be two lanes in each direction as well.

Okay.

And then just last comment was on the timing of our homes, our first homes in 2028. And I believe that we said 2030 for the completion. So it'll be probably mid-project. Thank you. Mr. Cole.

Just a comment that I think this looks like a very reasonable community. And he's gone through a lot of work here. But my main concern is the timing of the project being a Tier 4 area for Mooresville. I don't know if there's any way, and I suspect there's not, to tie a condition relative to a certain completion on 150 before COs could be put in here. Nobody wants to hear that. The sellers, I'm sure, and MADME doesn't want to hear that either. I'm right on the fence here one way or another, personally, just because of that problem. And if it was able to be tied in, I guess I just share this with my fellow board members in some fashion, that I'd be 100%. I guess I wouldn't see any problem with it. But at this point, I would be afraid that

have a responsibility to think about adding those 150 more cars to 150 before dot gets it done yeah yeah so uh you're proposing i don't i want to make sure i understand the suggest uh maybe phase one and two i think it was phase one starts at 77 phase one and two are complete phase three may still be in process.

Yeah, because I think that would, if there was a way to tie that together, I don't know what the commission is going to ask you, but I guess if we come to a vote here tonight, if I was going to craft a motion, I would at least like to say that it's highly recommended that some sort of a Some sort of a condition be included tied to completion of work on 150.

Is that even legal? Is that legal under the law?

Well, I was going to ask Ms. Schechter about that because I'm not sure. We have, just so the audience understands, there are state guidelines in what we can ask. And we are different than the town board in that we have guardrails around some of our decision tree and how we can expand it. how we can encumber a developer or actually how we cannot so this is a property rights state so north carolina as a state actually puts some legality into how we handle matters so so we do consult counsel in some of these areas there are things we can't ask for and then again things we can't

Well, let me ask whether or not, because all conditions have to actually be agreed upon by the developer, is that something that you all would even?

Right now, one of the kind of conditions that has already happened, they've, you know, what they call let the phases out. So they've let out all three phases. NCDOT has let out all three phases. Am I right by saying that?

So the way I understand it in the latest update from NCDOT is they have let for all right-of-way, right-of-way has been acquired, all utility relocation for the entire project is currently underway. Generally, when you get into these type of situations, the general requirement is that the project needs to let for construction prior to the first CO. I've done that in a number of other MMAs. across 150, specifically this project and other jurisdictions as well. And a lot of that reasoning is because you sort of get into a situation where if someone thinks an interim condition needs to be made, DOT doesn't want someone out going messing with construction of their road while they have an active project going on. So essentially, the let for construction, which is what has happened already, would be the general requirement. And I'm not an attorney, so I can't tell you about the legality of asking for more than that or anything else. But at least in my experience, it's been once a state or municipal project has let for construction, that's generally the tie to a CO.

OK, so the DOT will have some governance over tying in your mitigation with their ongoing project currently? Correct. And back to what you were saying earlier, I have been on some of these redesigned road systems, and they work amazingly well. It is quite amazing the difference when someone is going up, wanting to turn left, and that's taken away, and you have this continuous flow going right and going to these bulbs for a turnaround and back the other way. It is a well-working road design from the ones I've been on, and I haven't been

to one yet that had a traffic issue you know at times of the day that i was involved in them so it is a it is good plans so uh what we've done in other communities and i'm just using round numbers here not to say that that's what we need to land on something like Twenty-five COs can happen, but you can't go past 25 until the intersection there at McCrary and 150 for the right turn only, so you don't have the people trying to make the left like we were talking about earlier, that that has to be in place before the 26th certificate of occupancy. So that way, at least we can get business going. It limits how many cars can go up to that intersection. And then it stops unless the right turn lane and the improvements are done on 150.

I would think it would be, if it were not something that worked well actually for the folks purchasing the homes, I would think it would be a detriment to selling the homes to begin with. So I would think you would want to have something of this nature that works in conjunction with the flow so that you get better response from folks that are actually looking at the product. It's a great looking product. And again, just like Mr. Cole was speaking to, if we just took some rough numbers of what could be developed there, it could end up being much greater in terms of the density and occupancy under those standards. heard you correct so it's trying to mitigate i think for the residents how this works you know within the traffic that's underway and the builds that are underway right so so um mr cole my suggestion is to say some number of ceos can happen and then after that

no COs until that intersection at McCrory's finished, where you can.

I think that would be very helpful if you would, if we could have that condition and it would be, you'd be willing to go with that because it looks like your timing could be really good based on what you know from DOT right now. Right. But with DOT's history, You know, we don't know, you know, but the fact that they've let, and they've got all of the property bought and the utilities are going in. I mean, I would, I would feel much more comfortable recommending the town council consider this as a positive thing. If we could have that condition where we would have a limit where you would not have COs passed. I don't know whether it's 25 or 20, but something in that range.

Mr. Schechter, if the applicant offers that, is that something that we could add to the conditions list?

Yes, we can add it. I would just need a definitive number as far as what the applicant and the board would like to see as far as the amount of COs that can be issued.

I've heard 20 and I've heard 25.

For me, I would like, I think it would be more prudence to table this. until some more discussion can be had between the developer and anybody that's directly impacted by it. I think it could be a good thing, as you said, but I have concerns about.

I think if we table every development that wants to happen because traffic's bad in Mooresville, we'll never get anything done. I hear what you're saying. It's bad. It should have been done. I was selling real estate down Brawley 20 years ago, and it's bad.

Did we get you to pull your mic down? In fact, the whole board, if you don't mind when you talk, just pull your mic forward.

I think it's a great product. I think based on the intensity, density of what you have going on, I don't think we can control DOT. I think if we try and do that, the board might as well leave.

Do you guys, I've noticed you getting together over there talking about this, so what are you thinking now?

It's still the same, that if we can say that, I mean, the issue is we want people to go to McCrary and have that right turn only situation, so you don't have.

We don't prefer that that's there before, yeah, and so by.

So my, yeah, our suggestion is to have some limitation on the number of homes that could be built, and it stops at that, I was suggesting 25, so 25 homes get built, then the, for the 26th home to be closed and occupied. So that would be a CO from the 26th one. So you'd only get 25 until that intersection is right turn only. and it would have to be developed and finished by.

I think it would help your chances with the commission, I would think, and I would feel better with that because just putting 77 more homes there right now in that mess that took you guys an hour to get over there, we all went through it today because we get, the middle of town is closed. So yeah, if we could have that, I think that would be a big plus.

Okay, so it sounds like 25 is the rest of the board.

25 is a reasonable number.

Yeah. We'd also love to hear after this meeting that you met with some of them and included some more environmental concerns. I don't want to bog this down because I do think it's a good compromise. And we know that the Board of Commissioners listens to our meetings and we'd love to hear you know, some more environmental items, detailed. I think we'd be here all night if we tried to.

Yes, absolutely. When we have that, if staff wants to join us, that's like to have their input. I agree.

I lived on the lake in an area, if you guys are familiar with Perrin Road, that when they developed the hospital, that all filled in.

Yes.

And I'm looking at these pictures that were circulated by the gentleman and getting PTSD thinking about my neighbors over there. So... Yeah, I mean, I'd like to feel comfortable that along that southeast boundary, you know, that 100-year floodplain, that you guys are going to control the silt and keep that from filling in.

Yeah, we've had some extended conversations with some of the property owners that are there already. And at the community meeting, that was a topic I think it got captured in the beginning. is I hate hearing those stories too. I swim in Lake Norman as well and my family does. I don't want that to happen. So we have measures taken up but I know They had said to me, anyone can say that. Look what's happened to us in the past. So I don't want that to happen. I want to meet them out there. I think they've got good suggestions. I'd invite staff to join us out there, and let's do it the right way. There is a right way to do it, and we're willing to do it. That's why we have the AAA BBB. We build on Lake Norman and Lake Wylie, and we still have AAA.

If you made that happen before your next meeting, that would be a very positive thing to talk about.

Yep. Very much agree.

Very good. Any other, Ms. Shecker?

If I may, I just want to clarify all of the conditions again. Yes. So there are the 16 that were originally proposed in the ordinance. There was a 17th condition stating there shall be no direct lake access from the development and an additional 18th condition stating there shall be no more than 25 certificates of occupancy issued prior to the completion of the road improvements at the intersection of McCrary Road and NC 150.

correct clarification um so for the lake access i would just restrict to i guess recreation i mean in case we have to get back there and do any engineering or protection or compliance issues right we technically have to access the lake area on the property um again not trying to like get around that but there is no intent to provide direct access to the residents or anyone else for recreational use or otherwise um on the right-of-way improvements i think it And Jerry, correct me if I misunderstood. I think the intention was limited when that right only condition was constructed. We can't control when NCOT maybe cleats the entirety of that intersection or what they're going to define as the boundary of that intersection in their plans. So I think we're trying to really clearly tie it to a specific improvement of that right only at that intersection.

Open and operating.

Yes, sir.

I think that's what I understood from you, Mr. Cole. Yes.

And I don't know if you want to add the condition about meeting the neighbors.

No, that's just our general advice.

Okay. All right. Thank you.

And we appreciate that you're doing such, by the way.

Okay. So just to reiterate, so for condition 17, there shall be no direct lake access by...

residents for recreational purposes is that satisfactory to the board is that what you were suggesting yes i think that's the intent was just to ensure if we have third-party engineers consultants correct compliance issues it's we have to have the ability to access that technically but recreational i think was the key word there

Right, I think the community was concerned about adding, and we can't recognize anyone past the public comment portion, so I apologize. No, not during the, it's a public hearing. I won't leave. We'll get you together afterwards. Yes. It's just protocol for the meeting. I apologize. Thank you.

Okay, so sorry. So for condition 17, there shall be no direct lake access by residents for recreational purposes from the development. And for condition 18, there shall be no more than 25 certificates of occupancy issued prior to the completion of the right only access road improvement at the intersection of McCurry Road and NC 150.

Correct.

And you agree to both of those additional conditions? We do. Thank you.

Thank you, Ms. Schechter. And thank you all. Appreciate your willingness to be adaptable with this. I'll ask the board if there's any additional discussion. And if not, we're open for a motion at this time. At least we've made it where it can be a clearer motion. I don't think you have to add caveats to it.

I'll make the motion. I make a motion to recommend Town Board approve CZ-2025-20 because the proposal is consistent with the Town's One Mooresville plan, specifically rezoning 163 McCrary Road, 179 McCrary Road, 187 McCrary Road, McCrary Road to traditional neighborhood CTN is compatible with UDO standards for single-family subdivisions, aligns with the Peninsula residential designation on the future land use map, and is consistent with the adjacent developments. The proposal is reasonable in the good public interest because it provides logical and orderly expansion of existing single-family neighborhoods, making this request consistent with development in this area.

We have a motion to approve option one from Mr. Cole. Do I have a second to that motion?

A second.

We have a second to that motion from Ms. Smith. All in favor? Aye. Opposed? Opposed, one. So the motion would carry and we would make a recommendation, forgive me, to the town board to adopt this rezoning request. Thank you all very much, and thank you all for your comments and for working with the developer together. I'll hold us for just a moment while the room clears. I think we can continue on. Item number 10, administrative items. Folks, if I could ask you to please clear the room so we could continue with the next items on the agenda. Thank you.

Thank You mr. Coley So I had a couple of updates for you guys this evening about Cases of the town board has heard recently the Brumley farms project was approved the transportation plans text amendment was also approved and 1179 mecklenburg highway was the parking condition that was denied by the town board the ridge avenue attainable units that uh conditional rezoning and annexation was approved and finally the alcove road emergency utility connection was also approved just so you know we will have some cases in october moving forward and you'll be getting an email from me as we get closer to the holidays about availability for our november and december meetings So as you start making your holiday plans, please look at your calendar. Let us know if we'll be able to have a quorum for those meetings or not, so we can go ahead and cancel or reschedule if we need to. And finally, want to recognize Ashley Lattin, who's a new staff member joining the department. We are excited to have Ashley join us. Please say hello before you leave this evening, and happy to answer any questions you guys have.

Well, welcome to Ashley, and thankful for you to have additional bandwidth. Absolutely. So it's great to see you.

And just a point of clarification, we already moved the November planning board meeting to the 18th, correct? So that it's not the same day as the Mooresville parade?

I was not aware of that.

I believe we voted on it when we approved the calendar. Great. Does that sound right, too?

I thought November 18th on mine, I think.

Super. The 25th is the day of the parade. It's not going to work to get here.

going forward i show october 28th november 18th and december 16th that's what i have on okay at least my master schedule yes that's correct yes i think we because we modified those the 23rd of december as well perfect so november 18th in any other questions discussions mr red hour um i don't know if this is a discussion for us but i'm having

I'm having trouble getting into my email.

Okay.

I don't know if that's a discussion.

I only got mine figured out. Yeah. We have a system in place to help you now. Mr. Mack was our guinea pig with that, so we can also help you with that.

Okay.

All right. Yeah.

Well, great. We'll appreciate that. That certainly makes it easier for onboarding folks under the town's email system.

We'll talk right after this.

Yeah, fine. Any other comments or discussions what was the intention of our note our First Amendment note I did not place that up there okay well if we're all good to go then I'll ask for a motion to adjourn all right