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Roanoke Rapids, N. C.

January 11, 2011

The regular meeting of the City Council of the City of Roanoke Rapids was held on the above date at 7:00 p.m. at the Lloyd Andrews City Meeting Hall.

Emery G. Doughtie, Mayor

Carl Ferebee, Mayor Pro Tem

Ernest C. Bobbitt)

Edward Liverman)

Suetta S. Scarbrough)

Greg Lawson)

Paul Sabiston, City Manager

Lisa B. Vincent, MMC, City Clerk

Gilbert Chichester, City Attorney

Mayor Doughtie called the meeting to order and opened the meeting with prayer.

Adoption of Business Agenda

Mayor Doughtie called Council’s attention to the Conflict of Interest statement in the agenda packet. He pointed out that several changes need to be made to the agenda. He stated due to the weather, family members of Mr. Myrick are unable to be here tonight and we need to postpone the memorial resolution for Mr. Myrick until the February 8 meeting. He stated we also need to add, before “public comment,” Ms. Elizabeth Branham of Taymac Productions for an update of activities at the Theatre.

City Manager Sabiston stated we need to add one item under “new business” to consider the contract with Taymac Productions.

With no one indicating a conflict of interest with any of the items on the agenda, Mayor Doughtie called for a motion to adopt the business agenda with the amendments.

Motion was made by Councilman Ferebee, seconded by Councilman Bobbitt and unanimously carried to adopt the business agenda for January 11, 2011 with the aforementioned amendments.

Update by Elizabeth Branham of Taymac Productions on Activities at the Roanoke Rapids Theatre

Ms. Elizabeth Branham, President of Taymac Productions, LLC, reported on the two shows held at the Theatre since she became involved in the operation of the facility. She also reported that she is working to facilitate some repair work on the Theatre at no cost to the City. She reported that several different promoters have been through the Theatre and were made aware of the accommodations and technical equipment available in the facility. Ms. Branham stated the box office is open from 10:00 a.m. to 4:00 p.m. and she encouraged citizens to come out and tour the Theatre. She stated she is currently working with the City on finalizing rental arrangements for the Theatre. She pointed out that the lobby and areas upstairs can be rented in addition to the auditorium. She stated she is working with several school groups that will be utilizing and renting the Theatre. Ms. Branham stated she would like to recommend that the City Council not institute a facility fee. She stated this just fuels the negativity surrounding the Theatre when people that do not have a clear understanding use the number of ticket sales to determine whether or not a show is a success. Ms. Branham stated that Charlie Daniel’s personal manager looked at the facility and he knows many people in the New York and Los Angeles markets. She pointed out that everyone that has been in the Theatre comments that we have a great space to work with. She stated we do have debt but we need to do everything we can to promote the Theatre in a positive light. She stated they hope to have a schedule posted by February 1 on the Theatre’s website.

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Mayor Doughtie stated we are appreciative of the work Ms. Branham has done and look forward to continuing to work with her.

Approval of Council Minutes

Motion was made by Councilwoman Scarbrough, seconded by Councilman Liverman and unanimously carried to approve Council minutes dated December 7, 2010 (Work Session), December 14, 2010 (Regular Meeting) and December 15, 2010 (Special Meeting).

Public Hearing: Special Use Permit for St. John the Baptist Catholic Church Expansion at 900 Hamilton Street

Planning & Development Director Jarratt announced that anyone wishing to speak during this public hearing should sign up with the Clerk. She indicated that this is a quasi-judicial hearing and testimony must be sworn.

The following individuals were sworn in by City Clerk Vincent: Planning & Development Director Jarratt and Mr. Tom Starbuck.

Planning & Development Director Jarratt reviewed the following staff report with Council:

December 20, 2010

To: Mayor & City Council Members

From: Amanda C. Jarratt, Planning & Development Director

Reference: St. John the Baptist Catholic Church Expansion – 900 Hamilton Street

St. John the Baptist Catholic Church located at 900 Hamilton Street is applying for a Special Use Permit to construct an approximately 820 square foot addition to their existing church facility. St. John the Baptist Catholic Church was constructed approximately 80 years ago at its current location and an expansion is necessary to accommodate their existing congregation. The original church was built without bathroom facilities and the current Sacristy is non-functional for the current church congregation.

The addition is proposed to provide an expanded Sacristy to house an office/changing room for the Priest, Confessional, separate changing room for alter servers, a janitor closet, as well as restrooms for men and women. The existing Sacristy will be made handicap accessible, whereas currently the doorway is too narrow for a wheelchair and there is a differential of 7" between the floor of the existing Nave and Sacristy. An additional exit from the Sacristy will be provided with a handicapped ramp leading to a new off-street handicap parking space.

The design of the roof on the addition will match the roof height of the existing Sacristy wing. A brick that is similar in nature to the existing brick façade will be used in order to match color and texture as closely as possible. The asphalt shingles on the existing church facility will be utilized on the addition. Landscaping on the property removed as a result of construction will be replaced.

The Council is now required to hold a public hearing followed by a final decision concerning this matter.

The Planning and Development staff has made the following findings concerning this request:

1. The requested permit is within its jurisdiction according to the table of permissible uses; or

The requested permit is within its jurisdiction.

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2. The application is complete; or

The application is complete.

3. If completed as proposed in the application, the development will comply with all requirements of the Land Use Ordinance; or

The development will comply with all of the requirements of the Land Use Ordinance if completed as proposed in the application. A site plan will be required and will go through the Development Review Committee process. Once the site plan has been approved and the building plans are reviewed, a building permit will be issued.

The following seven items were also considered when evaluating item #4 (a), (b), (c) and (d) that follows:

1: ingress and egress to the lot and proposed structures, especially by pedestrians and automobiles, is safe and convenient in terms of access and traffic flow; and

This is probably true; the site has direct access to Hamilton Street. In addition, a back alley is available as necessary.

2: off-street parking and loading affects adjacent property (in terms of traffic generation, economic impact, noise, glare and odor) similar to uses permitted in that zoning district; and

This is probably true; currently this facility utilizes on-street parking and the City owned parking lot across from the church on Hamilton Street. With the proposed improvements, two off-street parking spaces will be provided which is an improvement from the existing condition.

3: refuse disposal affects adjacent property similar to uses permitted in that zoning district; and

This is probably true; currently the church utilizes two roll-out containers. The proposed expansion should not increase the amount of refuse disposal.

4: utilities are available; and

This is probably true; all utilities are currently available for the site.

5: the type, dimensions and character of screening and buffering satisfactorily screens adjacent property; and

This is probably true; the parcel of land is zoned R-6 and will be compatible to the adjoining uses. A Type “A” opaque buffer is required between the adjoining residential land use.

6: signs and lighting affect adjacent property similar to uses permitted in that zoning district; and

This is probably true; all signage will require a sign permit. The placement of any additional lighting will be reviewed to ensure no detrimental effect to adjoining property owners.

7: required yards, open space and existing trees and other attractive and natural features of the land are preserved.

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This is probably true; the site is currently developed and the required setbacks will be met.

Given the preceding, the staff has made the following findings concerning this request:

4. If completed as proposed, the development, more probably than not:

(a) Will not materially endanger the public health or safety; or

The staff has determined this is probably true; the proposed use is a small addition to an existing church facility. The intensity of the use will not change as a result of the addition. An assessment of the previously referenced seven items used to evaluate 4 (a), (b), (c) & (d) indicates no specific endangerment to the public health or safety that is not adequately addressed.

(b) Will not substantially injure the value of the adjoining or abutting property; or

The staff has determined this is probably true; the facility will meet all required setbacks with the construction of the addition. In addition, a Type (A) opaque buffer is required between the adjoining residential land use.

(c) Will be in harmony with the area in which it is to be located; or

The staff has determined this is probably true; its use as proposed will be in harmony with the existing surrounding uses in the area based on the previously referenced seven items used to evaluate items 4 (a), (b), (c) & (d).

(d) Will be in general conformity with the Comprehensive Development Plan, Thoroughfare Plan, or other plan officially adopted by the City Council.

The staff has determined this is probably true. The Comprehensive Development Plan states the following policy should be considered:

Economic Development

2.2 The City shall protect, enhance and encourage a high quality of life, image and cultural amenities as an effective approach to economic development.

The applicant has addressed the requisite questions which must be answered by the City Council in the application. It is your obligation to insure each has been adequately addressed after hearing all parties prior to rendering your final decision.

Staff Recommendation: After a complete review of the information submitted to date by the applicant, it is the staff’s opinion that the request satisfactorily meets the requirements of Section 151 – 54 of the Land Use Ordinance.

The staff recommends; however, if the permit is approved, it is subject to the following stipulations:

1. Additional detailed construction drawings and building plans shall be provided to the Planning and Development staff, when requested, to determine compliance with any one or more of the provisions of the Land Use Ordinance, Building Code, Fire Code, City Code or other applicable required code or ordinance.

2. An Opaque Type “A” buffer shall be installed along the property line adjoining the residential dwelling.

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The Council has several options regarding this Special Use Permit application: (1) approval of the request as submitted; (2) denial of the request or (3) approval of the request, subject to certain states conditions.

If this request is denied, the petitioner may not resubmit the request for a period of one (1) year, unless he can produce significant credible new information concerning the issue, after which he may be re-heard by the Council if they deem the new information significant in nature.

A public hearing having been advertised and proper notices having been given according to law, Mayor Doughtie opened the hearing for comments.

Mr. Tom Starbuck of 130 Larkin Mill Circle, Littleton, NC stated he did the design on the building which is 80 years old and has never had toilet facilities. He stated that has been a major inconvenience, and their intent is to have toilet facilities and renovate the existing Sacristy which is where everything happens. Mr. Starbuck stated expanding this facility will allow for the smooth operating of worship services. He pointed out that they would also like to have an off-street handicapped parking space. He stated the existing space at the corner of 9th and Hamilton Streets does not have a curb cut. Mr. Starbuck stated they will be planting a buffer hedge along the property line with the adjoining residential lot.

Councilman Ferebee asked if all of the setbacks have been met.

Ms. Jarratt stated yes.

Councilman Ferebee asked about the size of the existing building.

Mr. Starbuck stated the existing facility is approximately 3,200 square feet which was built in 1931 and held about 100 people. He stated it was added to in the late 1950s and currently holds about 250 people.

There being no one else to speak, Mayor Doughtie declared the public hearing closed.

Motion was made by Councilman Ferebee, seconded by Councilman Liverman and unanimously carried that items 1 – 3 of Section I are true based on the foregoing staff report dated December 20, 2010 and Section 151-54 of the Land Use Ordinance: (1) the requested permit is within its jurisdiction according to the table of permitted uses; (2) the application is complete and (3) if completed as proposed in the application, the development will comply with all requirements of the Land Use Ordinance.

Motion was made by Councilman Liverman, seconded by Councilman Bobbitt and unanimously carried that the following items 1 – 7 of Section II are true based on the foregoing staff report dated December 20, 2010: (1) ingress and egress to the property is safe and convenient in terms of access and traffic flow; (2) off-street parking and loading affects adjacent property similar to uses permitted in that zoning district; (3) refuse disposal affects adjacent property similar to uses permitted in that zoning district; (4) utilities are available; (5) the type, dimensions and character of screening and buffering satisfactorily screens adjacent property; (6) signs and lighting affect adjacent property similar to uses permitted in that zoning district; (7) required yards, open space, and existing trees and other attractive and natural features of the land are preserved.

Motion was made by Councilman Ferebee, seconded by Councilwoman Scarbrough and unanimously carried that it is true based on the foregoing staff report dated December 20, 2010 and items 1 – 7