LINCOLN COUNTY PLANNING BOARD MINUTES. April 7, 2014

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1 LINCOLN COUNTY PLANNING BOARD MINUTES The Lincoln County Planning Board met on at 6:30 p.m. at the James W. Warren Citizens Center, Commissioners Room, 115 West Main Street, Lincolnton, North Carolina Members Present: Christine Poinsette, Chair Darrell Gettys, Vice-Chair Dr. Crystal Mitchem, Secretary Jeffrey Todd Burgin John Dancoff Floyd Dean Brian Rabalais Staff Present: Andrew Bryant, Director Randy Hawkins, Zoning Administrator Randy Williams, Principal Planner Josh Grant, Planner Justin Pearson, Code Enforcement Amy Brown, Clerk to Planning Board Call To Order Darrell Gettys, Vice-Chair, called the meeting to order. **(Christine Poinsette remained in the Board of Commissioners meeting and rejoined the Planning Board later in the meeting) Adoption of Agenda Darrell Gettys recommended deleting Item #6 from the agenda and adding Mark Lawing under other business Brian Rabalais made the motion to adopt the agenda as amended. Dr. Crystal Mitchem seconded the motion. Approval of Minutes Dr. Crystal Mitchem made the motion to approve the minutes from March 3, 2014 meeting. 1

2 Public Hearing Cases a. ZMA #609 Ralph Dickson, applicant b. *CUP #334 American Marine Liquidators, Inc., applicant c. *WSCUP # 18 Dr. Matt Motteler, applicant *quasi-judicial case ZMA #609 Ralph Dickson, applicant Request: The applicant is requesting the rezoning of a 0.92-acre parcel from I-G (General Industrial) to B-N (Neighborhood Business). This property is the site of a NAPA Auto Parts store. This request involves a plan to expand the store building. The rezoning would decrease the minimum rear yard setback to 20 feet from the current 30 feet from the current 30 feet and the minimum side yard setback to 10 feet from the current 20 feet. Site Area and Description: This property is located at 4110 North NC 16 Hwy, on the north side of NC 16 Business and west side of Denver Industrial Park Road. It is adjoined by property zoned B-N, I-G, and B-G (General Business). It is located in the Eastern Lincoln Development District (ELDD). Land uses in this area include business, industrial and residential. This property is located in an area designated by the Lincoln County Land Use Plan as industrial. Statement of Consistency and Reasonableness This proposed amendment is consistent with the Lincoln County Comprehensive Land Use Plan and other adopted plans in that: This property is located in an area designated by the Land Use Plan as industrial. This proposed amendment is reasonable and in the public interest in that: This property is adjoined by property zoned B-N. This property is located along a stretch of NC 16 Business that includes business uses. This is a downzoning to a more restrictive district. Dr. Crystal Mitchem made the motion to approve the request along with the above Statement of Consistency and Reasonableness. Brian Rabalais seconded the motion. CUP #334 American Marine Liquidators, Inc. applicant Request: The applicant is requesting a conditional use permit to sell boats and cars in the I-G (General Industrial) district in the Eastern Lincoln Development District (ELDD). Vehicle sales, a classification that includes boat sales, is a conditional use in the I-G and ELDD districts. The ELDD regulations require that all outdoor sales areas for vehicles 2

3 that front a public road be separated from the right-of-way by a Class A buffer and a fence constructed of ornamental metal or masonry columns. Site Area & Description: The 16-acre parcel is located at 4879 North NC 16 Hwy, on the south side of NC 16 Business and west side of Burnwood Trail. It is adjoined on the sides and rear by property zoned I-G. The property on the opposite side of NC 16 is zoned R-S (Residential Suburban). Land uses in this area included industrial, business and residential. This property is part of an area designated by the Lincoln County Land Use Plan as industrial. Findings of Fact 1. The use will not materially endanger the public health or safety if located where proposed and developed according to plan. Yes X No Factual reason cited: This is an existing commercial property. The future building will be built to code. Brian Rabalais seconded the motion. 2. The use meets all required conditions and specifications. Yes X No Factual reason cited: Boat and car sales are a conditional use in the I-G and ELDD districts. The plan shows the road buffer and fence requirements for boat and car sales will be met. Brian Rabalais seconded the motion. 3. The use will not substantially injure the value of adjoining or abutting property unless the use is a public necessity. Yes _X No Factual reason cited: The property is located in an industrial area. It is adjoined on both sides and the rear by property zoned industrial. 4. The location and character of use, if developed according to the plan as submitted and approved, will be in harmony with the area in which it is to be 3

4 located and will be in general conformity with the Land Use Plan for the area in question. Yes X No Factual reason cited: Other businesses are located along this side of the road. The Land Use Plan designates this area as industrial. After having held a Public Hearing on, and in light of the findings of fact listed herein, the following action was taken by the Lincoln County Planning Board: That they pass this on to the commissioners with a favorable recommendation based upon the findings of fact. Dr. Crystal Mitchem made the motion to recommend that the request be approved based on the findings of fact as stated above. WSCUP #18 Dr. Matt Motteler, applicant Request: The applicant is requesting a conditional use permit to allow the use of the high-density option in the WS-IV Critical Area of the Catawba/Lake Norman Watershed. The applicant is proposing to expand an office building and add parking spaces. The high-density option would allow the development to have built-upon surface area covering up to 50 percent of the site, with the use of engineered stormwater controls. (Otherwise, in this watershed district, non-residential developments that require an erosion control plan are limited to a built-upon area of 24 percent.) Site Area & Description: The 0.9-acre parcel is located at 623 North NC 16 Hwy, on the west side of NC 16 Business about 300 feet north of Townsend Drive. It is adjoined on both sides by property zoned B-N and on the rear by property zoned I-G (General Industrial). The property on the opposite side of NC 16 Business is zoned R-CR (Residential and Commercial/Recreational). Land uses in this area include business, industrial and residential. This property is located at the perimeter of an area designated by the Land Use Plan as a community center, where services and activities for the surrounding area are recommended to be concentrated. Discussion: Brian Rabalais questioned the additional parking places and at what point will NCDOT be notified. 4

5 Randy Hawkins stated that any change in property use will have to go before NCDOT. The immediate need is additional parking and typically an office is not a huge generator of traffic. Findings of Fact 1. The use will not materially endanger the public health or safety if located where proposed and developed according to plan. Yes X No Factual reason cited: This is an existing development that was properly permitted and approved. A relatively small expansion of the building and parking area is proposed. 2. The use meets all required conditions and specifications. Yes X No Factual reason cited: The plans have been reviewed by staff and found to comply with the requirements for the high-density option. Also, approved by an engineer. 3. The use will not substantially injure the value of adjoining or abutting property unless the use is a public necessity. Yes _X No Factual reason cited: This property is adjoined on both sides by property zoned business and on the rear by property zoned industrial. A business is located on the opposite side of the road. 4. The location and character of use, if developed according to the plan as submitted and approved, will be in harmony with the area in which it is to be located and will be in general conformity with the Land Use Plan for the area in question. Yes X No Factual reason cited: This is an existing business area. This property is adjoined by property zoned business. This property is located at the perimeter of an area designated by the Land Use Plan as a community center, where 5

6 services and activities for the surrounding area are recommended to be concentrated. After having held a Public Hearing on, and in light of the findings of fact listed herein, the following action was taken by the Lincoln County Planning Board: That they pass this on to the commissioners with a favorable recommendation based upon the findings of fact. Dr. Crystal Mitchem made the motion to recommend that the request be approved based on the findings of fact as stated above. Other Business Mark Lawing spoke before the Planning Board in reference to subdivisions. He stated that he lives in Cline Farms on Reepsville Road in which the developer has stopped developing. The original proposal to the county stated that improvements to recreation and open space would be completed within 2 years of the final plat being submitted for Phase 1. The developer had no intention of completing Phase 1 so the plat will never be recorded. The only way to get the commons areas is for the developer to record Phase 1. Mr. Lawing stated that he has been in real estate for 30 years. He stated that 25 years ago we had no subdivision ordinance. Things need to evolve and our subdivision ordinance needs to evolve. When a developer comes to the Planning Board for subdivision approval, the Planning Board doesn t see the restrictions. The Planning Board should be required to approve the restrictions. Mr. Lawing suggested requiring developers to post a bond until the amenities are completed. The public needs some protection. There should be some time deadline that the developer has to record the plat. The question is who is going to decide when this Phase 1 plat gets recorded. Brian Rabalais stated that he lives in Smithstone and is experiencing similar problems with his HOA. Mark Lawing stated that the developer took lots that were in the flood zone and turned them over to the HOA. Mr. Lawing stated that the Planning Department in Lincoln County is great to work with. There needs to be something done. Floyd Dean stated that the development he has been involved in, the plat had to be recorded before selling the lots. Randy Hawkins stated that there were two triggers in turning over all of the common open space. One was that in the old zoning ordinance that all common area would be set 6

7 aside and approved once certificates of occupancy were issued for 50 percent of the total number of dwelling units. Cline Farm is nowhere near that point. The other trigger was the submittal of the final plat for Phase 1. Floyd Dean stated that in his situation, the roads had to be installed and approved by the state. The developer and owners were equally responsible. The economy has affected the Cline Farms subdivision. Mark Lawing said the subdivision ordinance needs to be updated. Developers are smart enough to know that the Planning Board is not going to look at restrictions and covenants. Andrew Bryant stated that we have no legal means to enforce covenants. The county does get involved with roads now. We are really trying to protect the citizens. Christine Poinsette stated that we should look into this and let staff and legal staff look at this as well. The Planning Board, by consensus, voted for staff to review the subdivision ordinance. Randy Hawkins announced that there would be 4 zoning cases for the May meeting. Next Meeting Date May 5, 2014 Conclusion Floyd Dean made the motion to adjourn the meeting. Dr. Crystal Mitchem seconded the motion. Motion carried unanimously. (7-0) Date approved: Christine Poinsette, Chair Lincoln County Planning Board 7