May 28, 2013 Museum of the Waxhaws 6:30 p.m. Museum of the Waxhaws. Regular Meeting

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1 May 28, 2013 Museum of the Waxhaws 6:30 p.m. Museum of the Waxhaws Regular Meeting The Mayor and Town Board of Commissioners met in the regular meeting location the Museum of the Waxhaws on May 28, 2013 beginning at 6:30 p.m. in a regular meeting. Present: Mayor Daune Gardner, Mayor Pro Tem Erin Kirkpatrick, Commissioners Joyce Blythe, Brett Diller, Sean Poccia and Michael Stewart. Absent: None Town Staff: Town Manager Michael McLaurin, Attorney Chaplin Spencer, Town Clerk Bonnie McManus and Town Deputy Clerk Patty Fitzgerald. Mayor Pro Tem Kirkpatrick called the meeting to order and requested a motion to allow her to conduct the meeting in the absence of the Mayor. Board Action Motion by Commissioner Stewart and seconded by Diller to grant permission to Mayor Pro Tem Kirkpatrick to conduct the meeting until Mayor Gardner arrives at the meeting. Mayor Pro Tem Kirkpatrick called the meeting to order and requested everyone please stand for the Pledge of Allegiance and Invocation (moment of silence). Mayor Gardner thanked everyone to coming to the meeting. Adoption of Agenda: (Adopt the agenda with amendments, additions and/or deletions) Mayor Gardner asked for any additions or deletions to the agenda. Deletions Budget Ordinance Pulled June 11 th Tax Rate Ordinance- Pulled June 11 th Capital Project Ordinance- Pulled June 11 th Sanitation Fee Pulled June 11 th Additions: None 1

2 Board Action: Motion by Commissioner Joyce Blythe and seconded by Commissioner Mike Stewart to adopt the agenda with the following changes; Budget Ordinance Pulled June 11 th Tax Rate Ordinance- Pulled June 11 th Capital Project Ordinance- Pulled June 11 th Sanitation Fee Pulled June 11 th Motion carried unanimously Informal Comments: (Residents may sign up to speak) Mayor Gardner opened the informal comments session the meeting and asked at this time for each one to come to the podium to make their comments. Comments: Terry Michaelson: Ms. Michaleson asked for the board to reconsider removing shrubs from David G. Barnes and not install the fence. She can see in park and police staff has voiced concerns about seeing in the park. She stated there are more shrubs behind the ones on the street, blocking the entrance to the park. She asked if the town is going to remove the trees? There were no bids for the fence. She mentioned the benches that were requested by the Historic Preservation Committee in the past were $ and found a company that makes better benches for less money. She encouraged Town Board to be good stewards of town funds. This would be the third time public service has been asked to remove shrubs. She also stated that children cannot run through the shrubs, she told that when her Dad was mayor of Waxhaw, cars were parked by police department to walk. She spoke about kids hiding behind the shrubs. There are dangers all over town. Shrubs are a good sound barrier. Earl Cook: Mr. Cook stated that in the past he has voiced mostly complaints but tonight he only had good things to say. He likes the Norman Rockwell town. Spring Fest was great. A lot of work by staff and that he volunteered in the town booth one day during event and people do not understand the extent of that festival and what it involves. His friend the President of the Bee Keeper s Assoc. was here and no Waxhaw bees came. A lot of his friends came to town, even from out of town and everyone really enjoyed this event. One friend who currently resides in Los Angeles, CA is planning to move to Waxhaw in two years. He is an assistant Coach with the LA Lakers. He also commented on the great banners around town and stated that Spring Fest was really great and this was beginning of the art move in Waxhaw. Memorial Event was well organized and many people came. He thanked Natalie Jackson and Lisa Hoffman for their hard labor. He said this board has many difficult tasks in the 2

3 future but he asked them please to be more years of the same great job. Matt Wainmaker: Serving as President of WBA, looks forward to working with Mike Mc. and the town board on this program for it to be successful. Kids and family came tonight in reference to lighting in Nesbit Park. Great program for the kids but lights are a key issue. Want to provide a program for the kids to grow into and make a great WAA for the kids and Waxhaw. Bill Melrose: Thanks Mr. Cook for his comments. Just moved here this past August and is here to support for lighting at Nesbit Fields. Mr. Melrose lives in Millbridge, he is a soccer coach. He is supporting the baseball fields and he also feels the lighting is an important concern. He attended the Millbridge HOA and a great presentation by Chair Kearny, P&R. Many families came and are in support of lighting. Great potential for WAA to accommodate the growth of this community. Chiris Michaelson: Nothing at this time. Mayor Gardner closed the informal comments session of the meeting and requested Town Manager McLaurin to present his weekly report. Manager s Weekly Council Report: (Overview of weekly council report provided to board and website) Cards: Cards presented to the board for great events in Waxhaw. Also great group of kids at Western Union School when attending and speaking about government. May 17,2013 Council Report Administration Administration Attended the May 14 Board of Commissioners meeting. Participated in the Board s budget meeting to review the budget. A follow-up meeting is scheduled for May 23 at 6:30 p.m. with the Board begin requested to adopt the budget on May 28. Began working on completing the due diligence on an existing structure that the town is interested in acquiring for the new police department. Commissioner Diller and I made two presentations to the Elementary Schools on Waxhaw Town Government. The first presentation was to Western Union Elementary and Waxhaw Elementary. Completed final preparations and ready to kick off Spring Fest

4 Met with representative from a film company wanting to do some filming in Waxhaw in June, they are here to do a presentation. Project Management In progress on the action opens items from Lyle Sumek meetings and MS Project plan time lines for Strategic Goals from BOC. Update received from Julie Sumek, update provided to Town, not yet provided for timeline updates by project manager. Supporting Commissioner Brett Diller in a presentation of this information on May 23 Rotary Club. Additional meeting with Mayor Gardner in new office. Supporting Advisory Committee meeting, infrastructure upgrades, space needs meeting, police station renovation project and McDonald house, preparing meeting, s for next meeting. Created and managing PD Administrative project plan. Supporting Kensington Road updates for SharePoint to reflect new found information and deterioration. Strategic Goals from BOC timeline in project plan with target dates review has slipped target by 8 weeks. Edifice milestone, contract signed, complete prior to discussion, will clarify direction with Chaplin. Planning and Community Development Development activity for the week includes 20 new residential permits, 23 plumbing permits, 22 mechanical permits, 25 electrical permits, 22 zoning permits and 5 sign permits. Plans, plats reviews and research projects. Completed Community Garden inspection. Completed Millbridge Rezoning second review. Completed Lawson Conditional Use Permit Revision review. Distributed Highway 16 Corridor Study flyers to businesses, posted advisory ad for Highway 16 charrette. Performed tree mitigation research for planning board. Reviewed proposed Downtown Code & Definitions. Met about possible rezoning on Waxhaw-Marvin Rd. Police There are 529 requests for service. Crimes and/or arrests included: breaking and entering, driving while impaired. Citations written during the week include: 12 registration violations, 8 speeding violations, 4 each for no operator s license, expired inspection, 2 each for no seat belt, stop sign violation, driving while license revoked, 1 each for 4

5 possession of schedule 1 controlled substance, possession of drug paraphernalia, no liability insurance, open container, graduated driver s license, wrong way on a one-way street, failure to reduce speed to avoid an accident. Officer Robillard spoke to Girl Scout troop #3489 on 5/8/2013 Public Services 7 new residential solid waste households. Number of new residents for the week: 29 Assisted PCD with closing charrette activities and assisted Events Division with preparation for Spring Fest. Completed one disinterment in cemetery on Monday and completed a burial on Wednesday. Resolved issue of a misplaced burial that was conducted years ago prior to Public Services being responsible for opening and closings. Received bid for repairs to be made on the arbor in the cemetery and the well downtown. Will seek others. Street inspections and proof rolls in Lawson continued to work on matters involving Kensington Drive. Upcoming Events Springfest this weekend. Board of Commissioners Budget Workshop, Thursday May 23 at 6:30 p.m. Waxhaw Town Hall, 317 N. Broome Street May 24, 2013 Council Report Administration Completed budget revisions based on last week s budget workshop. Attended the second of two budget workshops to complete work on the budget. Completed revisions based on the latest workshop. Met with Mayor Pro-tem Kirkpatrick, Commissioners Stewart and Poccia along with David Creech and Brent Green to discuss options for the new town. Worked on due diligence for the new police department. Completed agenda for the May 28 meeting. Met with representatives from the Waxhaw Business Association to approve a lease to allow the Waxhaw Entrepreneurs to open in the Niven Price building. Conducted a follow up meeting to brainstorm activities of the Entrepreneurs Held a successful Springfest event. Tour the Prescott open space site and trails that the town has received from the developer. 5

6 Met with representatives from Screaming Spirit Productions to discuss street closures for the filming of Banshee. This matter to be reviewed and decided by the Board of Commissioners at its May 28 meeting Project Management In progress on the action opens items from Lyle Sumek meetings and MS Project plan timelines for Strategic Goals from BOC, update received from Julie Sumek, update provided to Town, not yet provided for timeline updates by project manager. Supporting Commissioner Brett Diller in a presentation of this information, May 23 Rotary Club. Additional task/meeting with Mayor Gardner in new office. Supporting Advisory Committee meeting, Infrastructure upgrades, space needs meeting, Police Station Renovation project and McDonald House, preparing meeting, s for next meeting. Created and managing PD Administrative project plan updates and managing changes. Supporting Kensington road updates for SharePoint to reflect newfound information and deterioration. Project Manager for Waxhaw updating the Board of Commissioners site page for May 28, maintaining SharePoint site overall manage content changes including Town Hall page, calendar updates. Strategic Goals from BOC timeline in project plan with target dates review has slipped target by 8 weeks. Planning and Community Development Development activity for the week include 5 new residential permits, 2 residential renovation permits, 6 plumbing permits, 7 mechanical permits, 9 electrical permits, 22 zoning permits, 2 sign permits. 269 inspections were conducted during the week. Developed a database of every property owner, which contains a floodplain to notify them of an upcoming presentation. Continued to work on TA B&B s, Banquet Halls, Event Centers Attended several staff meetings to discuss changes to the draft downtown code & definitions section Barrington rezoning- final action May 28 updated staff report with additional info from public hearing comments Attended Waxhaw Historic Preservation Commission special meeting to revise façade grant amounts Met with property owner of 500 W North Main about change of use and site plan requirements Researched CUP history and provided consultant with approved plans and pertinent code for CUP revision for the PD site Researched Quellin request regarding possible tennis court Reviewed Lawson Phase 2 and 3 Revised CUP 6

7 Reviewed Millbridge Amenity Center Revised Site Plan and Subdivision Plan Continued work on C1 Text amendment Police No report Public Service 5 new Residential solid waste households. Number of new residents for the week: 19 Preparations made for upcoming Memorial Day Celebration. Staff placed flags in the East Side Cemetery for Memorial Day and will assist the American Legion with placement of flags in the Southside Cemetery for the service that will be conducted there. Prepared settings and videotaped for various town meetings each night during week. Staff conducted all activities and clean-up involved with Spring Fest. Staff changed out old flags downtown and installed new series of flags. Completed landscaping of areas on West North Main St. in conjunction with the Beautification Committee. Participated in budget workshops for upcoming fiscal year. Prepared budget amendments for final quarter. Closed out sale of declared surplus items through GovDeals Continued with project to install additional street lighting in the Harrison Park Subdivision. Met with Duke Energy on site concerning lights inside the subdivision as well as options available for the Waxhaw Parkway. Continue working on Parkway dedication issue also. Continued to work with Town Attorney and property owners concerning improvements to be made on Sunbonnet Lane. Plans are for the road excavations to be completed next week and gravel installed thereafter. Upcoming Events Board of Commissioners Budget Workshop, Tuesday May 28th at 6:30 p.m. Museum of the Waxhaws. Unfinished Business 7

8 TA Continued (Continued from previous meeting- A request by staff on behalf of the Board of Commissioners to amend Sections and 11.2 of the Waxhaw Unified Development Ordinance to revise the requirements in the C1 Neighborhood Business District.) Mayor Gardner stated the next item on the agenda as a continue item from several meetings being TA Continued (Continued from previous meeting- A request by staff on behalf of the Board of Commissioners to amend Sections and 11.2 of the Waxhaw Unified Development Ordinance to revise the requirements in the C1 Neighborhood Business District.). She requested staff update. Planner Rice Planner Rice stated this was tabled at the last meeting after he presented the updated staff report. Staff Report- Revised Text Amendment TA Revisions to the C1 Neighborhood Business District EXPLANATION OF THE REQUEST Petition TA is a request by staff on behalf of the Board of Commissioners to amend Section and Section 11.2 of the Waxhaw Unified Development Ordinance to revise the requirements in the C1 Neighborhood Business District. STAFF REQUESTED UDO CHANGES Section Neighborhood Business Amend the building size requirements for uses in the C1 Neighborhood Business District. (See attached language.) Section 11.2 Lot Development Requirements Reduce the lot coverage maximum in the C1 Neighborhood Business District. (See attached language.) PLANNING STAFF ANALYSIS The purpose of the C-1 Neighborhood Business district is to provide for the commercial use of land developed in conjunction with surrounding residential zoning districts. Commercial development should be compatible with surrounding residential uses. The requirements of the C-1 zoning district should provide goods and services that meet the needs of the surrounding residential uses. 8

9 At the October 23, 2012 meeting of the Waxhaw Board of Commissioners, the Commissioners instructed staff to a hold a community meeting regarding the C1 Neighborhood Business District to obtain feedback from the citizens regarding any possible changes to the district. The community meeting was held on December 4, 2012 at the Museum of the Waxhaws and the minutes from the meeting are attached to this staff report. The proposed revisions to the Unified Development Ordinance are based on information received during that meeting and on research gathered from other municipalities in the state similar to Waxhaw. The revisions would limit the size of allowed uses in both single use building developments and those designed for multiple allowed uses. The revisions will reduce the scale of the buildings and the impact they have on the surrounding residential neighborhoods. In addition, the revisions include a reduction in the maximum percentage of impervious surface allowed. This will encourage the retention of existing trees and vegetation on the site and reduce the amount of storm water runoff from the site. Staff is not proposing any changes to the Zoning Table of Uses. Research was done on several municipalities similar to Waxhaw and the current allowed uses in the C1 Neighborhood Business District are compatible with districts in the researched municipalities. The uses in the existing Zoning Table of Uses do not appear to conflict with the feedback received from the community meeting and these uses will provide the type of goods and services that are appropriate in a neighborhood business area. PLANNING STAFF RECOMMENDATION Planning Staff recommends approval of TA Staff believes that the revisions will encourage the development of uses that are compatible with the neighborhoods surrounding areas zoned C1 Neighborhood Business. PLANNING BOARD RECOMMENDATION At the March 18, 2013 meeting of the Waxhaw Planning Board, the members voted unanimously (7-0) to provide a favorable recommendation for TA Primary Districts Established 4 4 Amended Waxhaw Unified Development Ordinance 8. C 1, Neighborhood Business The purpose of the C 1, neighborhood business district is to provide for the commercial use of land developed in harmony with surrounding residential zoning districts. Commercial development should be environmentally and aesthetically compatible with surrounding residential uses. The requirements of the C 1 zoning district should ensure harmony with surrounding residential uses and not impair the existing and/or future residential development. All establishments developed in the C 1 classification should be scaled to meet the convenience shopping needs of the immediate area and should not be scaled to detract from the C 4 zoning district. A building containing a single use 9

10 shall not exceed 12,000 square feet gross floor area and in no case may any single use contained in a multi tenant building in the C 1 district have more than 15,000 8,000 square feet, except through gross floor area. No multi tenant building shall exceed 24,000 square feet gross floor area. Any increase of the above maximum size limits shall require the issuance of a conditional use permit or through the approval of conditional zoning. The Outdoor overnight storage of plants, nursery items, building materials, and other bulk goods visible from any public street shall not be allowed in the C 1 district 9. C 2, Highway Commercial The purpose of the C 2, highway commercial district is to provide for the commercial use of land developed for the ease of access, visibility and convenience to arterial and collector streets and their surrounding land uses. Commercial development should be compatible with highway activity and enhance the quality of service available to traveler, commuter and nearby resident alike. The requirements of the C 2 zoning district should ensure that safety and compatibility are major considerations in the commercial development of the C2 zoning district. All establishments developed under the C 2 classification should be scaled to meet the convenience needs of the motorist and should not be scaled to detract from the C 3 and C 4 zoning districts. The outdoor overnight storage of plants, nursery items, building materials and other bulk goods visible from any public street shall not be allowed in the C 2 district. No building used for retail purposed shall have a footprint that exceeds 62,500 square feet. 10. C 3, General Commercial The purposed of the C 3, General Commercial District is to provide for the commercial use of land developed as an agglomeration of business activity sufficiently separated from residential zoning districts by either transitional zoning districts such as C 1, C 2 and /or OIS; or by sufficient buffering and screening measures. Commercial development should be compatible with arterial and collector street systems and accessibility. The requirements of the C 3 zoning district should ensure the proper site development of commercial activities and should ensure the proper separation of commercial activities from residential zoning districts. Establishments developed under the C 3 classification are encouraged to promote the agglomeration of commercial activity and enhancement of strong business orientation within the C 3 zoning district Table of Uses- In packet Zoning Table- In packet C1 Neighborhood Business Zoning District Community Meeting Museum of the Waxhaws Tuesday December 4, :30 PM Lori Oakley, Planning & Zoning Administrator, introduced herself and thanked everyone for attending the meeting. She then recognized Commissioners Erin Kirkpatrick, Brett 10

11 Diller and Joyce Blythe. She also recognized Town Manager Mike McLaurin, Planning Director Greg Mahar and Recording Secretary/Permitting Technician Amber Haywood. Oakley gave an overview on C1 zoning in Waxhaw and went over the difference between Conditional Use Permits and the Conditional Zoning process. She then reviewed all of the C1 zoning districts in Waxhaw, explaining their location and what kind of business is in that location if there is one (see attached presentation). Oakley went over the current uses that are allowed per the UDO for CU-C1. Some that are highlighted (in the Power Point presentation) might be out of scale for these locations. She explained that the purpose of this meeting was to gather input on the C1 district from the public and what they feel should and should not be allowed in C1. Oakley briefly reviewed an that was sent to her listing appropriate and inappropriate uses for the C-1 Zoning District. Commissioner Erin Kirkpatrick stated the way she processed the UDO is by what would serve her neighborhood, and what wouldn t serve her neighborhood. The way she interpreted the UDO does not mean that it is the right way for everyone. There have been some situations in the previous years where neighborhoods felt they were in a defensive situation and not an offensive situation. If people knew that there was a demand and need, that would draw people in. It is best that everyone is open and honest about what they would want. She stated that not too long ago the Town had a project that was approved but the developer never broke ground. Then a new tenant approached the Board and the community and asked what they thought about having a gas station at the entrance of this neighborhood. The residents of the community didn t want a gas station at the entrance of their neighborhood, so the potential buyer respected their concerns and did not purchase the property. Kirkpatrick then asked the attendees to help her generate a list of things the community wouldn t want to see in C1 and things the community would like to see in the C1 Zoning. The following list was generated: Uses the Community Would Not Like to See in C-1: Gas Station Hotel Drive thru Restaurants No large scale buildings Cemeteries Strip Center/Mall Automobile parking lot and structures C1 Neighborhood Business Zoning District Community Meeting Museum of the Waxhaws Tuesday December 4, :30 PM Question - Some of the parcels are zoned C1 and some are zoned CU-C1. Would this change apply to all of the parcels zoned C1 or just certain ones? 11

12 Oakley answered that some parcels are grandfathered and those plans are allowed to continue. Some have expired and they can no longer use the plans that were turned in. Question - How long do the companies have until their plan expires? Have any of the parcels identified tonight have plans that have expired? Oakley stated that it depends on when they were submitted. If plans were submitted between Jan. 1, 2008 Dec. 31, 2010, the State of NC implemented the Permit Extension Act, thereby giving them a grace period between those dates. Normally, most plans expire after 2 years if the project is not vested. Oakley went over the current projects that are zoned C-1 and stated whether or not he had vested plans or if their vested rights had expired. Question What about the property at Gray Byrum and Waxhaw-Marvin Road? Oakley stated that the property at the corner of Gray Byrum hasn t had any plans turned in for the parcel. Anything that the owners would want to do with this parcel requires a conditional use permit and approval from the Board. Question Is the 15,000 square footage limit per building or per use of the building? Oakley stated that is 15,000 square foot per use; however that number can be increased through the issuance of a conditional use permit or through conditional zoning. Question - Cemeteries are on the list but there are a lot of people that still have well water. It might be wise to remove that use or at least make sure it isn t near someone s well. Oakley stated cemeteries are typically governed by the state but that she would look into that use. Question - The list we are making isn t saying we cannot have this at all in Waxhaw; the list is just for things that cannot be in C1 Zoning, correct? Kirkpatrick stated that was correct. The other uses being mentioned can go in different zoning districts but just not in C1. Question What is a multi-tenant development? Oakley stated that it can be a strip mall or office park. It is typically a development with numerous tenants. Question - I live in Alma Village and traffic is bad. Additional commercial development in that area will just cause traffic to get worse. The President of HOA for Alma Village stated that the developers (of the tract at the entrance to Alma Village) will have to install stop lights with any new construction. Another resident stated that they would not like to see traffic lights in that location. Is that a requirement for that intersection? 12

13 Oakley stated that she believed that was a requirement for the original approval but that approval has since expired. Question - What is automobile parking lot and structure? Oakley stated that an automobile parking lot could be a free standing parking lot or a parking garage. Question - Can a new building be constructed over three stories in height? Oakley stated that maximum building height varied based on the zoning district. The C- 4 District has a maximum height of three stories. The C-3 District has a maximum height of 80 feet. OIS, C-1 and C-2 have a maximum height of is 45 feet. Question - New Town and Providence Rd. has a small commercial development with a salon, offices, etc. Architecturally it is different and there isn t a lot of traffic although it does have a drive thru bank. They did it in such a way that it isn t obnoxious and very busy. They had a developer that knew that they were doing and good tenants. Could we have something like that in Waxhaw? Question - I am having a hard time picturing what 10,000 square feet would look like. Do you have any examples? Oakley stated that CVS is somewhere between 10,000 15,000 square feet. Kirkpatrick stated that she has seen challenges with both height and number of stories. The height limit is 40 something feet tall and 15,000 square foot per use. Someone stated that they think that this is too big, and I don t like the idea of the Board being able to issue a CUP for something larger. It causes confusion for all of the neighbors and developers. She thought that the other commercial zoning districts max out at 60,000 square feet.. Oakley stated that maximum footprint in C-2 and C-3 is 62,500 square feet. Kirkpatrick asked Oakley if there was a cap on the number of tenants in C-1 and Oakley stated that that there is no cap. Planning Board member Fred Burrell suggested looking at implementing floor area ratio s for new development in the C-1 district. Kirkpatrick stated that we could have something that has this ratio but also maybe not to exceed a size amount for a particular use. If we have a large parcel that could accommodate 20,000 square feet, do we want there to be only one tenant? Question Can we regulate a telecommunications tower? Oakley answered that telecommunication towers are generally regulated by federal law. Question - Are apartment buildings allowed in this zoning? Oakley answered no they are not. Question - If someone subdivides into 5-6 lots there should be an ordinance that states you cannot cut trees until you build. 13

14 Oakley stated that we do have a strict tree ordinance in place now. Question - If we consider building square footage per lot, you also have to consider parking lots. Say you have a 10,000 square foot lot and 9,000 square foot building, where will they park? Oakley stated that we have parking maximums and parking minimums. For example, a retail use might be allowed a maximum of 3.5 spaces per 1,000 square feet. Oakley also stated that we do have landscaping requirements for parking lots. Question - Will this affect existing or just new buildings? Kirkpatrick stated that this will not affect existing buildings unless the use changes. It would affect new buildings. Question - If a parcel is rezoned from OIS to commercial then this will affect me correct? Oakley stated that unless an application is submitted prior to any changes being adopted by the Board, the regulations that are in place at the time of submittal would govern the rezoning. Question - What happens if a CUP expires? Kirkpatrick stated the zoning stays the same and a new CUP has to be submitted before anyone can do anything. It would most likely be a quasi-judicial process. They would have to submit a new plan and they can choose whether they want to follow the CUP process or the conditional zoning process. Kirkpatrick asked the audience what kind of uses they would like to see in the C-1 District and the following list was generated: Uses the Community Would Like to See in C-1: Art galleries, art studios anything to do with art, an interactive art a place that kids can go to as well Pervious parking lots Something conducive to its surrounding architecture A nice sit down restaurant in a larger area Swim and racquet club Starbucks Office Supply Store Small Scale Markets Technical Colleges Private School Options Urgent Care Library DMV Bakery Park and Rec Center with a park (the suggestion was made to be run by senior citizens) Museum 14

15 Question Will there be any architectural controls? Whatever you do and don t do, it s all about how it looks. You can take a perfectly ordinary business like a dry cleaner and make it look like it fits into this town and everyone will find it acceptable in that location. Question Could the 15,000 square footage allowance be reduced? That number needs to be scaled down to fit the adjoining neighborhoods. I don t think that there will be that many problems if it is scaled down. Kirkpatrick stated that the state doesn t want rocks on their roads but the town might consider allowing gravel parking lots and asked staff to look into that. As long as it looks nice it doesn t matter if it is gravel or paved. Question Does everything have to be constructed out of brick? There are towns out west that have adobe structures that look great in that area. A mix is appropriate and it doesn t all have to be brick. It s not pleasing and it s actually boring. Kirkpatrick stated that brick does cost more in many instances but then again it might not be too costly since we have so much red clay down here. Question - Aren t there towns around that we can look at that have done what we are trying to do? What were the rules and uses they went through? Can we get their information and do research on them and see what we can do? It would seem to me that you can contact those people and see how they managed those uses and how they were able to grow. Kirkpatrick stated that we do have historical properties around here and we have figured out how to preserve those. The new developments are the ones that have to meet the architectural standards. How many of you buy all your needs in Waxhaw? [No one raised their hand] We are taking our money to other towns and cities to buy what we need. Kirkpatrick asked what everyone thought about a swim club. Someone stated they would like one with houses around it, or a club open to the public so anyone can go. Usually a development has a club house in it for the residents. Kirkpatrick stated that she was speaking about a public pool and racquet club. Someone stated they think that would be too big in the C-1 District. Kirkpatrick stated that they can be smaller and it can be complementary to the neighborhood. Someone asked who would manage it? Would it be a private company that managed it? The closest YMCA is 7 or more miles away. YMCA would be more compatible for C-2 or C-3, not C-1. Kirkpatrick stated she believed it would be more appropriate on those districts. Oakley stated that swim clubs and YMCA s are currently allowed in C1 with a CUP. Kirkpatrick added as a homeowner she would love that use since she lives in a neighborhood that doesn t have a swim club. What she is hearing the most from everyone is that the scale and architectural of the structure matters most. Someone stated that there are a lot of small parcels zoned C-1. Just the size alone makes them very different. Cureton and Food Lion shopping centers are on large lots and zoned something else. If the scale is right we would feel more comfortable. 15

16 Kirkpatrick stated what I am hearing here tonight is the main worry with new buildings would be the scale and what fits. She went on to state that we don t have any other swim/racquet clubs nearby; the only one is Valhalla that allows outside member s to join. Kirkpatrick asked Oakley didn t we put conditions of hours of operation? Oakley answered that specific uses call out specific hours. For example, the swim club hours are from is from 7am 10pm if located in a residential district. Kirkpatrick stated that we have the emergency department in Waxhaw; it s an emergency department but kind of like an urgent care. Her understanding is that an urgent care would not be self-sufficient. They wouldn t be able to create enough volume. A minute clinic does compete with the ER because it is cheaper and has good hours. Commissioner Diller stated that he is worried about all the buildings being brick and in harmony. When the form based code comes into play the architectural standards will be really important. They can have a few different options so it doesn t all have to be brick. Kirkpatrick stated that the Town just purchased a little less than 20 acres near downtown. The Waxhaw Park and Park Committee and the Town are possibly going to start a greenway in that area. Not too long ago the Board talked about where parking is going to go on the streets, but we need to think about safety. We absolutely need volunteers for this, which can help potentially with the park and skate park. Question - What are next steps at this point? Kirkpatrick stated that she is turning everything over to Oakley. Oakley stated that she is going to compile all of the information and present it to the board. She thinks the Board will direct staff to initiate a text amendment. The text amendment will go to the Planning Board for a recommendation and then on to the Board for a public hearing and vote on the matter. If you left your on the sign in sheet, she will keep you up-to-date on what is going on with the text amendment. Kirkpatrick stated that hearing everyone s standpoint is good. It is good to have both views present and all questions are good. She didn t want it to be controversial, but just allow everyone to be heard. She thanked everyone for attending the meeting. Section 11.2 Tabled changes provided in Power Point. Comments Mayor Gardner asked for any current permits not done. None at this time. 16

17 Mayor Pro Tem Kirkpatrick: Mayor Pro Tem Kirkpatrick asked why the percentage was reduced to 80% instead of 90%. Planner Rice stated research was done and this was what staff felt workable. This is a discussion on Neighborhood Commercial. Mayor Pro Tem Kirkpatrick stated that great information was provided at neighborhood meetings. This was why staff was directed to work on this. She asked if staff felt that these figures would work with recommendations if text is changed. Planner Rice stated because of the reduced size that less parking would be an issue. Mayor Gardner: Mayor Gardner asked if the town could be more concerned for the surrounding neighbors. She asked if Formed Base Code would affect this text amendment. Planner Rice stated he felt there should not be an issue and that he could do more research if directed by the board. Mayor Gardner provided an example in Charlotte of a restaurant in the Fourth Ward Area. Commissioner Diller: Commissioner Diller asked for a clarification and also wanted to state a great process. He stated very informative and going forward. He questioned Section 4.1 #8 C-4 zoning district, which means not to compete with C-4. Mayor Pro Tem Kirkpatrick: Mayor Pro Tem Kirkpatrick remarked more friendly to surrounding neighbors. Also the neighbors do not want strip malls. How would this prevent this from happening. Planner Rice stated the building footprint would prohibit this and the multi-building would not allow more than three tenants. Always subject to change as needed. Planner Rice stated that when researching almost every town has similar guidelines. Board Action Motion by Mayor Pro Tem Erin Kirkpatrick and seconded by Commissioner Joyce Blythe to approve TA the request by staff on behalf of the Board of Commissioners to amend Sections and 11.2 of the Waxhaw Unified Development Ordinance to revise the requirements in the C1 Neighborhood Business District. Motion carried unanimously. New Business RZ ( A request by the Town of Waxhaw Planning Community Development Department, on behalf of the Town of Waxhaw Board of Commissioners, for a rezoning / map amendment (for initial zoning) on approximately acres (Tax Parcel ID number ) located off of Bonds Grove Church Road (south side of Bonds Grove Church Road to the west of Providence Road). The parcel was annexed into the Town of Waxhaw on April 1, 2013 and the proposed zoning for the site is R-4 (Single-Family Residential). 17

18 Mayor Gardner stated the next item on the agenda is RZ (A request by the Town of Waxhaw Planning Community Development Department), on behalf of the Town of Waxhaw Board of Commissioners, for a rezoning / map amendment (for initial zoning) on approximately acres (Tax Parcel ID number ) located off of Bonds Grove Church Road (south side of Bonds Grove Church Road to the west of Providence Road). The parcel was annexed into the Town of Waxhaw on April 1, 2013 and the proposed zoning for the site is R-4 (Single-Family Residential). A public hearing was held last meeting and asked staff for a review. Staff McCarter Staff McCarter stated in the packet was some updated information which she would present to the board, since she had previously presented this public hearing at last meeting. Rezoning Petition RZ Wells Fargo/Bell Property EXPLANATION OF THE REQUEST Petition RZ is a request by the Town of Waxhaw Planning & Community Development Department, on behalf of the Town of Waxhaw Board of Commissioners, for a rezoning / map amendment (for initial zoning) on approximately acres (Tax Parcel ID number ) located off of Bonds Grove Church Road (south side of Bonds Grove Church Road to the west of Providence Road). The parcel was annexed into the Town of Waxhaw on April 1, 2013 and the proposed zoning for the site is R-4 (Single-Family Residential). LOCATION AND CURRENT LAND USE The property is located off of Bonds Grove Church Road in-between the Barrington Subdivision and the Park Providence Subdivision. There are currently two street stubs adjacent to the property in the Barrington subdivision, and one street stub adjacent to the property in the Park Providence Subdivision. The property contains a small accessory building, woodlands, and a small pond. Condition and land use of the surrounding properties. The adjoining properties are: To the north A single family residential property and the Bonds Grove United Methodist Church property. Both properties are located in the Union County zoning district R-40. To the west Single family dwellings in the Barrington subdivision zoned CU-R3- PRD (Conditional Use Single Family Residential Planned Residential Development). 18

19 To the south Single family dwellings in the Valhalla Farms Subdivision Section II located in the Village of Marvin. To the east One single family dwelling under Union County s jurisdiction zoned R-40, and single family dwellings in the Park Providence subdivision zoned CU-R4 (Conditional Use-Single Family Residential). Existing Zoning and Uses 1. The existing Union County zoning for the site is R-40. Article I-X Part 1 Section 135(d) of the Union County Land Use Code states: The R-40 and R-20 districts are the primary residential districts and are designed to accommodate single-family residential and planned residential developments at low to medium densities. The R-40 district is located mainly in areas that are not served by public water or sewer facilities and that are not yet appropriate for development at higher densities. The minimum lot size requirement for parcels located within the R-40 zoning district is 40,000 square feet provided water and sewer is available. If water and sewer is not available, the lots may have to exceed 40,000 square feet in order to accommodate wells and septic tanks. Based on the square footage requirement, R-40 zoning under Union County s jurisdiction is most compatible with R-2 zoning under the Town of Waxhaw. 2. Some of the uses permitted in the R-40 zoning district (under Appendix I of the Union County Land Use Code) include the following: Agricultural Uses, Airports (County Owned/Operated), Single-Family Dwellings, Modular Homes, Governmental Uses (County Owned/Operated), Greenhouses, Family Care Homes, Sanitary Landfills (County Owned/Operated), Schools (Elementary, Middle and Senior High) and Utility Facilities (County Owned/Operated 2030 Comprehensive Plan The Future Land Use Map contained in the 2030 Comprehensive Plan identifies the subject site as Medium Density Residential. Chapter 4 of the Comprehensive Plan goes on to state the following information regarding Medium Density Residential : These areas include existing and future areas for development of more dense residential neighborhoods that provide a diversity of housing types and housing options. Areas include single family detached units, mobile homes, townhouses, duplexes, condominiums, apartments, senior housing, and other 19

20 multi family dwelling units, depending upon the character of existing neighborhoods. Housing densities should range from 3 8 dwelling units per acre. Other types of uses that may occur are schools, parks, and some neighborhood commercial uses, such as coffee shops and small corner grocery stores. Based on the description of Medium Density Residential, the most compatible zoning district under the Town of Waxhaw is R-4. Planning Staff Analysis As previously mentioned, the Waxhaw Future Land Use Plan, contained in the 2030 Comprehensive Plan, shows Medium Density Residential as the future land use for this property. Housing densities for medium density residential ranges from 3-8 dwelling units per acre (approximately 5,500 to 14,500 square foot lots). This is consistent with the Waxhaw R-4 zoning district, which requires a minimum lot size of 12,000 square feet. The adjacent neighborhoods (located within the town) to the east and west of the property also have densities that are consistent with the minimum 12,000 square foot lot size required in the Waxhaw R-4 zoning district. The Barrington Subdivision to the west of the property was approved by the Town Board in 2004 and is zoned CU-R3- PRD. There are 153 single-family lots in Barrington ranging from 10,000 to 23,000 square feet. The Park Providence Subdivision to the east of the property was approved by the Town Board in 2003 and is zoned CU-R4. There are 84 lots in the Park Providence Subdivision ranging from 8,400 to 35,000 square feet. The permitted uses allowed under Union County s R-40 zoning district are similar to the permitted uses allowed in the R-4 zoning district. The exceptions being that airports, landfills and greenhouses are not allowed and schools are a conditional use under R-4 zoning. The R-40 zoning that was previously on the property under Union County s jurisdiction is not compatible with Waxhaw s Future Land Use Plan or the existing pattern of development to the east and west of this site. In keeping with the 2030 Comprehensive Plan for the Town of Waxhaw and for consistency with surrounding development, staff recommends R-4 (Single- Family Residential) zoning for the parcel. The properties to the east (contained in the Park Providence subdivision) are zoned CU-R4, and therefore spot zoning would not be an issue. 20

21 RECOMMENDATIONS Planning Staff recommends approval of RZ , for the initial zoning of parcel which was annexed on April 1, 2013, from R-40 (under Union County zoning) to R-4 (single-family residential). The Planning Board, at their April 15 th regular meeting, voted unanimously (7-0) to send a favorable recommendation on RZ PUBLIC HEARING COMMENTS The public hearing was held at the May 14, 2013 Board of Commissioners meeting. Comments that arose included: The question was raised as to the LOS (Level of Service) for Cutters Spring Drive. There is no TIA (Traffic Impact Analysis) on file for Park Providence which would denote the LOS. The streets in Park Providence and Barrington on either side of the initial zoning site are stubbed to the property. The approved plans for Park Providence (called Bonds Grove on the plan) and Barrington showing the stubs are attached. The Barrington plan denotes a de ad end at either end of Fairgreen Avenue. The stub of Cutters Spring Drive on the Park Providence plan has notation of future street connection at the street stub (see below). 21

22 A resident of Park Providence commented that a street connection would not be in keeping with the Town of Waxhaw Traffic Calming Policy. A copy of the policy is attached for your reference. Statement of Consistency and Reasonableness The proposed zoning of these parcels is consistent with the future planning goals of the Town of Waxhaw and the proposed zoning of this property appears to be reasonable at this time. The proposed zoning of the subject parcel does not preclude the future petition of a zoning map amendment. Exhibit A Staff Report Exhibit B- Barrington Stub Exhibit C Park Providence Stub Exhibit D Street Calming Policy Street Calming Policy Policy For Resolutions for Town Meetings Prepared By: Town Manager Michael McLaurin Director Greg Mahar CPD Waxhaw N.C. Community Planning &Development Administrative Department Department: Date Approved by Board: April 2012-Amended 7/23/12 Effective Date: April /23/2012 Supersedes Old #: October 11, 2011 Old Effective Date: October 11, 2011 Town of Waxhaw Traffic Calming Policy Mission Statement: The Town of Waxhaw s goal is to provide safe and pedestrian friendly streets for all of the residents of the town while balancing the need for an efficient transportation network. As part of that goal we understand that traffic must be able to flow freely but to 22

23 do so as safely possible. This policy is meant to provide avenues for citizens to report unsafe conditions, establish a process for review and development of solutions for unsafe areas. Introduction: Each year the Town of Waxhaw receives numerous complaints and concerns regarding traffic within the Town. The majority of the complaints involve vehicles speeding in the neighborhoods, which may result in the unsafe condition for the residents living in the area. The Town has attempted addressing complaints from the residents with increased patrols and police presence, additional stop signs and installation of speed cushions. Police presence does have a targeted impact, however, the police cannot stay at the problem locations long enough or often enough to have a permanent affect. For these reasons the Town Board of Commissioners requested staff to develop effective measures to address these citizen concerns. These new methods are commonly referred to as traffic calming. Traffic Calming devices are intended to help make residential streets more calm thus making the neighborhood feel more livable. Although livable in terms of a neighborhood does not have a precise definition, a livable neighborhood can be described as having the following characteristics: Ability to feel safe and secure when using the street Opportunity to interact with neighbors Ability to experience a sense of home and privacy A sense of community identification Maintain emergency vehicle access In essence, when citizens call to request a stop sign or speed hump to slow traffic on their street, they are requesting that the Town make their street more livable. Because no single answer for the problem of speeding vehicles on neighborhood streets exists, many different traffic calming techniques have been developed. These techniques range from the traditional, such as radar display boards and selective police enforcement to newer methods such as street chokers, slow points, and speed humps. Purpose: The purpose of this document is to present ways in which residents and the Town can find solutions to residential traffic problems that fall within the scope of this policy. Consideration is given to a variety of residential traffic concerns and to the characteristics of these concerns on a case-by-case basis. Each situation is reviewed with respect to the available traffic control measures that have been, or could be, found 23

24 effective to alleviate the neighborhood traffic concern. The following document outlines the guidelines and procedures which can be used to develop potential solutions to each particular situation. There are many factors taken into consideration when reviewing residential traffic concerns to determine the most appropriate traffic control measure. These factors include: the surrounding roadway network, resident access, speeds and/or volume of traffic, accident history and neighborhood response and budget considerations. Definitions: Center Island Installations- Curbing installed in the center of the street narrowing the travel lane. Chicane- Curb extensions that alternate from one side of the street to the other, forming S-shaped curves. Chokers- Curb extensions at midblock locations that narrow a street by widening the sidewalk or planting strip. Collector Street Collector roads feature characteristics of moderate to low mobility and high accessibility, and serve as a link between through-roads and local roads. There is no control of access (i.e. no physical restrictions on access). Traffic signals are allowed, at a recommended minimum spacing of ¼ mile. Driveways are allowed with full movement, but are still recommended to be consolidated or shared if possible. Roadways in this category generally will have neither a center left turn lane nor a median, but may have dedicated left and right turn lanes. Speed limits are regulated at miles per hour. Roundabout- A circular junction requiring traffic to circulate counterclockwise around a center island typically used for large volumes of traffic. Speed Humps- Rounded raised areas placed across the roadway. Speed Tables- Flat-topped speed humps often constructed with brick or other textured materials on the flat section. Neckdowns- Curb extensions at intersections that reduce the roadway width from curb to curb. Work best for intersections with substantial pedestrian activity. Streetscape- The appearance or view of a street. Traffic Circles- Raised islands place in intersection around which traffic circulates. Used to calm intersections typically within neighborhoods where large vehicle traffic is not a major concern but speeds, volumes, and safety are problems. I.Traffic Calming Defined 24

25 The Institute of Transportation Engineers characterizes traffic calming as the co mbination of mainly physical measures that reduce the negative effects of motor vehicles, alter driver behavior, and improve conditions for non-motorized street users (ITE Journal, January 1997). It is the retrofitting of physical devices into the roadway to reduce traffic speeds and cut-through traffic, thereby generally making the street environment more safe and pleasant for pedestrians, other drivers, and residents. Traffic calming has several significant benefits and some drawbacks. Summarized below are benefits and drawbacks of traffic calming. II.Benefits of Traffic Calming Reducing speeds Reducing collision frequency and severity Increasing the safety for non-motorized users of the street Enhancing the street environment (streetscape) Reducing cut-through vehicle traffic Increasing the quality of life Incorporating the preferences and requirements of the people using the area along the street(s) Reducing negative impacts of vehicles on the environment and neighborhood Reducing the need for police enforcement, hence reducing costs (cost is quickly offset by the reduced need for police enforcement) III.Disadvantages of Traffic Calming Potentially may increase emergency response time Vehicles may be damaged and people injured by inappropriate driver behavior (e.g., driving too fast or inattentive) Snow removal is more difficult and time consuming Installation costs Additional signs and lighting may be required Increased maintenance, especially where landscaping is included Annoying to some residents (noise and inconvenience) Some treatments can restrict resident access IV.Traffic Calming Objectives The Town of Waxhaw s traffic calming program is one part of the Town s commitment to the safety and livability of its residential neighborhoods. Under this program, the Town of Waxhaw s staff will work with residents to identify traffic problems in their neighborhoods, and specifically as possible find potential solutions that are acceptable 25

26 and appropriate to present to the Waxhaw Board of Commissioners. The overall objectives for the traffic calming program are: a) Improve public safety. b) Improve neighborhood livability by mitigating the impact of vehicular traffic on residential neighborhoods; c) Reduce the need for traffic safety enforcement in residential areas; d) Reduce crash frequency and severity; e) Promote safe and pleasant conditions for motorists, bicyclists, pedestrians and residents on neighborhood streets; f) Encourage citizen involvement and effort in neighborhood traffic management activities; g) Make efficient use of Town of Waxhaw resources by prioritizing traffic requests from citizens; h) Effectively address the dual, and frequently conflicting, public safety interest of traffic calming and emergency response; i) Inform citizens of the Town of Waxhaw of the multi-jurisdictional roadways and traffic control devices. The Town of Waxhaw will employ a variety of traffic calming strategies and techniques to achieve the program objectives. Such traffic calming strategies and techniques shall be planned and designed in conformance with sound engineering and planning practices. Each location will be studied on an individual basis to determine the most appropriate applications for that situation. V.Program Tools The Town of Waxhaw s traffic calming program relies on the Five E process; Education, Enforcement, Evaluation, Economics, and Engineering to address problems of excessive traffic speed or volume. These strategies will be implemented using a phased approach, beginning with the least restrictive and least expensive methods (Phase I) and proceeding to more complex solutions (Phase II). Where appropriate, Phase I approaches will be used first. These include targeted enforcement, education, and the use of signs. If these strategies are ineffective, Phase II solutions may be considered. In some cases, based on Town staff evaluation, Phase I may be bypassed in favor of the Phase II approach. In some instances a Phase I approach may be implemented as a temporary mitigation while the Phase II planning process is underway. In either phase, different strategies may be used in combination. Typically the most effective traffic calming treatments are ones that deflect vehicles vertically, horizontally, or both. There are more than 25 different traffic calming treatments in use today throughout the United States; however several of these may not be applicable or workable in the Town of Waxhaw. 26

27 VI.General Program Information a) What Roads are covered in this Program? The control measures provided in this document are intended to be applied to local streets serving predominantly single-family residential neighborhoods. Collector streets that run through neighborhood areas may also be considered for less restrictive traffic calming measures. Streets that are designated as thoroughfares or which are classified as State or Private are not eligible for this program. b) Defining the Traffic Concern; When a request about traffic concerns on a residential street has been received, the Town Manager will request staff to perform an initial investigation. Based on findings from the initial investigation, additional traffic studies may be scheduled. The purpose of these additional studies is to determine if the traffic concern is related to speeding or volume and to quantify the severity of the traffic concern. These studies will indicate whether the traffic concern qualifies for traffic control measures. c) Who pays for Control Measures? The Waxhaw Board of Commissioners have instituted a no cost policy for installation of traffic calming measures as deemed appropriate by this policy. d) Speed Control Measures; (not listed in any particular order) 1. Chicane 2. Chokers 3. Roundabout. 4. Speed Humps/Speed Tables 5. Neckdowns 6. Traffic Circles 7. Signage 8. Pavement Markings 9. Center Island Narrowing 10.Reduction in speed limit e) Transit, School and Emergency Routes; Very restrictive traffic calming measures such as speed humps typically should not be installed on a street serving as a primary emergency response route or transit route. These routes should be considered for some of the less restrictive traffic calming options such as median island, street narrowing. and traffic mini-circles. School bus routes should also be considered in the evaluation. 27

28 VII.Standard Procedures for Implementation of Traffic Control Measures: Step 1: Initiation: Traffic Control Measures can be requested by any of the following methods: (not listed in any particular order) a) A written request from the Board of the Homeowners Association acting for the neighborhood. b) A minimum of five signatures from the owners of five separate properties in the neighborhood. c) Staff Field Reviews. d) Request by the Police Chief. e) Request by the Town Manager. f) Request by any member of the Board of Commissioners. Step 2: Town Staff Review/Traffic Engineering Analysis-Classification: a. The Town Manager or their designee will review the concern(s) with the parties requesting the traffic control measures to assure that the scope and details of the concern are clearly identified. A traffic study may include any or all of the following, depending on the scope of the concern: 1) Traffic conditions at the location. 2) Existing traffic signs and pavement marking. 3) Motorist travel patterns. 4) Effect of the roadway system in the vicinity. 5) Traffic or roadway plans for the vicinity and contributing roadway system. 6) Time of day, day of week relationship. 7) Apparent cause of concern. 8) History of the location. 9) Determination of roadway classification (local, collector or arterial) 10)Emergency access concerns. 11)Other considerations. b. Traffic studies may be necessary to obtain the following information: 1) 24-hour traffic counts to determine the average daily traffic. 2) Vehicle speed check. 3) Vehicle turning movement counts. 4) Origination/Destination study. 5) Pedestrian counts. 28

29 6) Accident report summary. 7) Collision diagram studies. Step 3: Recommendation: The Town Staff analyzes traffic data, field information and other available information pertaining to the particular area of concern in determining appropriate traffic control measures for recommendation to the Board of Commissioners. Should the staff determine that there are other potentially impacted local roads or streets in the area, additional traffic studies on those roads or streets may be conducted. As a result of the traffic studies, road or street classifications (and applicable measures) are determined as follows provided that a no further action decision is not made by the appropriate authority (staff, Town Commissioners): Step 4: Notice of Public Information Meeting a. Residents within the community of a proposed traffic control measure will be given notice of a Public Information Meeting and an opportunity to provide written comments so their views and opinions may be expressed regarding the traffic control measures being proposed. *Notification may include one or all of the following: 1) Advertisements in local publications 2) Legal Notice 3) Letters sent to the residents/property owners 4) Posted on Public Bulletin Boards and at the Public Library. 5) Notifications on the Town of Waxhaw website and other electronic outlets but not limited to Facebook, Twitter, etc. 6) Attempts to work with the local HOA (if there is one) or other groups of residents to communicate to the residents of the upcoming meeting and requesting participation. 7) Flyer/notification placed in the Town Newsletter. *Town Manager will determine which notifications will be utilized. b. Purpose of Public Information 1) A public information meeting is conducted by the Town staff to discuss with residents which traffic control measures are being considered on the road or streets in the area. Residents of the impacted roads or streets are also given the opportunity to request traffic control measures and provide additional ideas or suggestions. 2) The Town staff will conduct a public information meeting after notification. The Staff s duties will include: 29

30 Review of data b) Receive comments from concerned residents and obtain pertinent information on the proposed traffic control measure and its effect on residents and motorists. c) Determine boundaries of the affected area for the purpose of the petition process. d) Act or modify staff recommendation and present to the Town Board of Commissioners. Step V: Town Commissioners Role Upon receipt of the information from the Town Manager the Board of Commissioners shall consider at a scheduled meeting and make a determine to approve the request as presented, deny the request or modify the request. Step VII: Removal of Speed Control Measures Residents may submit a request to the Town Manager to remove an existing speed control measure provided the following are included in the request: 1) A petition signed by 70 percent of all households in the affected area (as determined by the Town Manager). Each affected household shall be counted as one vote, regardless of the number of separate properties owned. In the case of multiple owners, only one vote shall be counted for that property. A minimum of 65 percent of the households within the affected area must be in favor of the removal of the traffic control measures before the Town Manager will forward a request with a recommendation for approval. A simple majority of the Town Board of Commissioners is required for removal of residential traffic control measures. 2) If removal of a speed control measure is granted the area will not be eligible for speed control measures to be installed for a period of no less than five (5) years. Approved and adopted: April 2012 by Waxhaw Board of Commissioners Amended July 24, Waxhaw Board of Commissioners Comments: Staff McCarter: Planner McCarter stated in the packet are updated documents which she provided in the packet. 30

31 Mayor Gardner: Mayor asked if this action was consistent and reasonable? She stated this is a straight zoning and at this point the town does not have any additional action in asking developer to make certain conditions during development. Staff has recommended R-4 and she has concerns about this zoning. She feels the zoning should be R-2. Encouraged this action by the Board. When zoning is coming back to the board if not zoned R-4, the neighborhood can get involved. Commissioner Poccia: Commissioner Poccia asked if R-2 is one house per acre- 40,000 square foot lots. Commissioner Blythe: Commissioner Blythe stated she does not like R-4. She has been out looking at the area. She stated the board needs to be fair and reasonable. She believes R-2 is too strong. She feels that Mr. Shea does a good development. Mayor stated R-2 that this is similar to what the county had on the property. Mayor Gardner stated in the past a developer has property rezoned, left and then issues arises. She stated this was in the past and the board should be aware of this when zoning property. She would like to see the R-2. The developer could come back on a request for another zoning which would then allow a public community meeting and bring the plans to the board. Then if conditional then conditions could be added if under this type of zoning. Commissioner Poccia: Commissioner Poccia asked if there are other subdivisions in Waxhaw R-2. Staff stated none that she was aware of at this time. Commissioner Blythe: Commissioner Blythe stated she would rather go with R4 than R2, she will go with R3. Commissioner Diller: Commissioner Diller asked if not zoned R-4 tonight when could the developer come back. This could be immediately, as this is town zoning as being just annexed. He feels this is a quality product. He has concerns with R-4. He thinks he would rather go with Commissioner Blythe and go with R-3. Board Action: Motion by Commissioner Sean Poccia and seconded by Commissioner Brett Diller to approve RZ ( A request by the Town of Waxhaw Planning Community Development Department, on behalf of the Town of Waxhaw Board of Commissioners, for a rezoning / map amendment (for initial zoning) on approximately acres (Tax Parcel ID number ) located off of Bonds Grove Church Road (south side of Bonds Grove Church Road to the west of Providence Road). The parcel was annexed into the Town of Waxhaw on April 1, 2013 and the proposed zoning for the site is R-4 (Single-Family Residential) as recommended by planning staff and adopt the statement of reasonable and consistent. Motion defeated

32 Voting Yea: Stewart, Poccia Voting Nay; Kirkpatrick, Diller, Blythe Mayor stated that motion dies. Commissioner Poccia: Commissioner Poccia asked what the adjoining properties are zoned. The reply was 10,000 square feet. PRD 10,000 square feet. This is not a PRD. Is this consistency and he feels that it maybe not. He stated when coming back by the developer that the same zoning may be approved. He wants to make it clear to everyone that the R-4 zoning may be coming back and the town needs to address traffic issues. He feels that the traffic needs to be addressed with NCDOT. He asked what the town is going to do to help with traffic on Bonds Grove and Highway 16 from the development needs to be addressed. Commissioner Stewart: Commissioner Stewart asked about the issue of consistency Second Motion Motion by Mayor Pro Tem Kirkpatrick and seconded Commissioner Diller to rezone RZ to R-3 ( A request by the Town of Waxhaw Planning Community Development Department, on behalf of the Town of Waxhaw Board of Commissioners, for a rezoning / map amendment (for initial zoning) on approximately acres (Tax Parcel ID number ) located off of Bonds Grove Church Road (south side of Bonds Grove Church Road to the west of Providence Road and adopt the Statement of Consistency and Reasonableness. Motion carried 3-2 Voting Yea: Kirkpatrick, Diller and Blythe Voting Nay Poccia & Stewart Noell Consulting Group- Mr. Todd Noell: ( Mr. Noell will be making a ten minute presentation on the Market Study and Analysis for Highway 16 Corridor. Recommendation by Ms. Holmes of the Lawrence Group) Mayor Gardner stated at this time she would introduce Mr. Todd Noell who will provide a presentation on the Market Study Analysis for Highway 16 which will involve the Highway 16 (Providence ) Corridor Area Plan. Monica Holmes: She introduced Mr. Noell who will be working on the Providence Road Corridor 16. Charrette is June 16 th and 17 th for this area. Mr. Noell Presentation: 32

33 He did a Power Point presentation. Worked for the City of Charlotte, NC in the past. Noell Consulting Group was retained to assist in the Providence Corridor study. Power Point Presentation HIGHWAY 16 CORRIDOR MARKET ANALYSIS Town of Waxhaw May Comments: Mayor Gardner: Mayor Gardner stated Waxhaw does not want the large box store or mall, but maintain the growth that currently is happening. She stated we do not want to be in the middle of commercial growth, there is a need to maintain our authenticity. Commissioner Diller: Commissioner Diller mentioned the Wesley Chapel development being part of the presentation at 35% and feels that if taken out this would be lower. He also mentioned the lively downtown with living. How do you get the ownership downtown when living downtown. You want to maintain a good vibrant downtown with good rental for living that are quality. Rental apts. Or town homes, kind of double edge, will not bring ownership to the area. Mr. Noell He will be addressing some questions at the charrette on the Highway 16 Corridor that were asked at the meeting. There are a lot of parcels with a lot of opportunities in the area to bring in some large income, we should focus in strong intersections. Our assets are Parks, school, strong intersections, greenways and open common spaces. 33