Worksession Agenda. 3. Request to Discuss the Initial Zoning to be Applied to The Carolina Golf Course Property; Petitioner, Town of Southern Pines

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1 Town of Southern Pines Monday November 27, 2017, 3:00 PM, C. Michael Haney Community Room, Southern Pines Police Department 450 West Pennsylvania Avenue Worksession Agenda 1. Request to Discuss a Potential Bed and Breakfast Inn; 790 E. Connecticut Avenue; Petitioner, Cardon Properties, LLC 2. Discussion regarding Train Station Lease (Welcome To Southern Pines), Suzanne Coleman 3. Request to Discuss the Initial Zoning to be Applied to The Carolina Golf Course Property; Petitioner, Town of Southern Pines

2 Work Session Agenda Item To: Via: From: Subject: Reagan Parsons, Town Manager Chris Kennedy, Community Development Director BJ Grieve, Senior Planner Suzy Sutphin, Planner Request to Discuss a Potential Bed and Breakfast Inn; 790 E. Connecticut Avenue; Petitioner, Cardon Properties, LLC Date: November 27, 2017 I. SUMMARY OF APPLICATION REQUEST: Caroline and Donald Naysmith of Cardon Properties, LLC, are requesting to be heard in front of the Town Council to discuss the possibility of applying for a Conditional Use Permit to permit a Bed and Breakfast Inn at the existing residence located at 790 E. Connecticut Avenue. Bed and Breakfast Inns are classified under LBCS 1312 in UDO Exhibit 3-15 Table of Authorized Land Uses. The subject property is zoned RS-3 and LBCS 1312 is listed as a conditional use in the RS-3 zoning classification. The UDO also provides supplemental development standards for Bed and Breakfast Inns, these standards are set forth in UDO Section 5.5. The petitioners are also seeking the approval of a Conditional Use Permit to allow for Special Home Events. The standards for Special Home Events are set forth in UDO Section The subject property is identified by the following: PIN (PARID ). The property owner is listed as Cardon Properties, LLC. II. PROJECT INFORMATION: A. Physical Addresses: 790 East Connecticut Avenue Southern Pines, NC B. Owners: Cardon Properties, LLC PO Box 2481 Hendersonville, NC C. Applicant: Cardon Properties, LLC Caroline and Donald Naysmith PO Box 2481 Hendersonville, NC B&B Inn 2017 November Town Council Work Session Page 1 of 11

3 Figure 1: Vicinity & Zoning Map (790 E. Connecticut Avenue Outlined in Yellow): B&B Inn 2017 November Town Council Work Session Page 2 of 11

4 A. Size of Property: Total Acreage: 4.12 B. Zoning of Property: The subject property is zoned RS-3 Residential Single-Family (see Figure 1). C. Access to Property: 790 E. Connecticut Avenue is an existing single-family residential lot. Access to the property is from E. Connecticut Avenue between N. Highland Road and E. Massachusetts Avenue. D. Developments Standards: i. Zoning UDO Chapter 3 The subject property is currently zoned RS-3 (Residential Single-Family 3). Per the UDO Exhibit 3-15 Table of Authorized Land Uses, the petitioners are requesting the approval of a Conditional Use Permit to permit a Bed and Breakfast Inn (see table excerpt below). Supplemental standards for Bed and Breakfast Inns are set forth in UDO Section 5.5. B&B Inn 2017 November Town Council Work Session Page 3 of 11

5 ii. Parking UDO Chapter 4 UDO Section 4.5 Off Street Parking and Loading establishes the requirements that the petitioners will need to take into consideration regarding the reconstruction of the existing dwelling for the proposed Bed and Breakfast Inn operation. They are proposing 12-room Bed and Breakfast Inn with an innkeeper residing on site. As proposed, and per UDO Exhibit 4-7, the minimum number of required off-street parking spaces that shall be provided is fourteen (14) parking spaces for this proposed use. (See attachment: Sketch A provided by owner) See exhibit 4-7 below: B&B Inn 2017 November Town Council Work Session Page 4 of 11

6 iii. Applicable Supplementary Conditions UDO Chapter Bed and Breakfast Establishment: Bed and Breakfast establishments, where allowed, are subject to the following standards: A. Bed and Breakfast Home: A private home of not more than four(4) guest rooms that offers bed and breakfast accommodations, and that: 1. Does not serve food or drink to the general public for pay; 2. Serves only the breakfast meal, and that meal is served to overnight guests of the business; 3. Includes the price of breakfast in the rate; and, 4. Is the permanent residence of the owner or manager of the business. B. Bed and Breakfast Inn: A private home of more than four(4) but not more than twelve(12) guest rooms that offers bed and breakfast accommodations, and that: 1. Does not serve food or drink to the general public for pay; 2. Serves only the breakfast meal, and that meal is served to overnight guests of the business; 3. Includes the price of breakfast in the rate; and, 4. Is the permanent residence of the owner or manager of the business. Section Maximum Number of Guests: A. The maximum number of guest rooms in a Bed and Breakfast Home shall be four (4) with not more than one (1) guestroom permitted in an existing detached structure on the same property. B. The maximum number of guest rooms in a Bed and Breakfast Inn shall be more than four(4) but not more than twelve(12) with not more than one (1) guestroom permitted in an existing detached structure on the same property. Section Performance Standards: A. The following standards shall apply to Bed and Breakfast Homes and Bed and Breakfast Inns: 1. A Bed and Breakfast establishment shall be permitted only in a residential structure with a minimum gross living area of three thousand (3,000) square feet. 2. In any residential zoning district, establishment must be located that is located on a lot with a minimum area of forty thousand (40,000) square feet. 3. Food service shall be limited to the breakfast meal and shall be available only to guests and not to the general public in any residential district. B&B Inn 2017 November Town Council Work Session Page 5 of 11

7 4. Signage shall be limited to a nameplate not to exceed two (2) square feet. 5. To avoid a concentration of Bed and Breakfast establishments in any residential district, no new Bed and Breakfast shall be located within one thousand three hundred twenty (1,320 feet) of another pre-existing Bed and Breakfast establishment, measured along a straight line from property line to property line. 6. A Bed and Breakfast establishment shall have vehicular access to a collector or arterial street. 7. One off street parking space shall be provided for each guest room Special Home Events: For any for profit business in which weddings, parties, gatherings, and the like take place on privately owned property. Such special home events shall be conducted under the following restrictions: A. Maximum number of guests is eighty (80). B. No amplified music to be located outside. C. The number of events permitted per year shall be a maximum or twenty (20). D. Hours of operation shall be from 10:00 a.m. to 10:00 p.m. E. All parking shall be located on the property where the special home event is to take place. F. Property shall be a minimum of two and nine-tenths (2.90) acre in size for the special home event. G. Minimum house size to hold special home events is three thousand (3,000) square feet. H. Each special home event shall be registered at the Planning Department with a letter outlining the event activities. I. A Conditional Use Permit is required for any applicant wanting to hold special home events. B&B Inn 2017 November Town Council Work Session Page 6 of 11

8 E. Criteria for Review: i. Conditional Use Permit (UDO ): A. The proposed conditional use shall comply with all regulations of the applicable zoning district and any applicable supplemental use regulations; B. The proposed conditional use shall conform to the character of the neighborhood in which it is located and not injure the use and enjoyment of property in the immediate vicinity for the purposes already permitted; C. Adequate public facilities shall be provided as set forth herein; D. The proposed use shall not impede the orderly Development and improvement of surrounding property for uses permitted within the zoning district or substantially diminish or impair the property values within the neighborhood; E. The establishment, maintenance, or operation of the proposed use shall not be detrimental to or endanger the public health, safety, comfort or general welfare; and, F. The public interest and welfare supporting the proposed use shall be sufficient to outweigh individual interests that are adversely affected by the establishment of the proposed use. II. ATTACHMENTS: Sketch A Provided By Owner Sketch B Provided By Owner Owners Narrative III. TOWN COUNCIL ACTION: The Town Council may wish to take one of the following actions: 1. No action; 2. Allow the petitioner to pursue this development project through the required Conditional Use Permit application processes as outlined in the Town of Southern Pines Unified Development Ordinance; 3. An action listed above with the following conditions 4. Action not listed above B&B Inn 2017 November Town Council Work Session Page 7 of 11

9 Sketch A Provided By Owner B&B Inn 2017 November Town Council Work Session Page 8 of 11

10 Sketch B Provided By Owner B&B Inn 2017 November Town Council Work Session Page 9 of 11

11 B&B Inn 2017 November Town Council Work Session Page 10 of 11

12 B&B Inn 2017 November Town Council Work Session Page 11 of 11

13 MEMO TO: Town Council FROM: Town Manager Date: RE: Item 2 Welcome to Southern Pines Suzanne Coleman has requested the opportunity to discuss with Council their willingness to extend the lease of the Train Station to the Welcome To Southern Pines group to include the Station Master s Office as part of their area of use. They have some initial plans for additional displays and consider making the office a part of the lease important to the integrity of maintaining those displays and any contents that are made a part thereof. Based on the recent success and continued growth of the Welcome Center, my initial thoughts regarding the request are very positive and I look forward to hearing their plans on Monday. Thank you.

14 Work Session Agenda Item To: Via: From: Subject: Reagan Parsons, Town Manager Chris Kennedy, Community Development Director BJ Grieve, Senior Planner Suzy Sutphin, Planner Request to Discuss the Initial Zoning to be Applied to The Carolina Golf Course Property; Petitioner, Town of Southern Pines Date: November 27, 2017 I. SUMMARY OF APPLICATION REQUEST: The purpose of this request is to discuss a proposed zoning category to be applied to The Carolina golf course property if annexation is approved for the site. The subject property is an existing golf course not currently in operation originally developed in conjunction with a structurally integrated residential development. The residential portion of the development is currently within Town of Southern Pines corporate limits and is zoned RS- 2 (Residential Single-Family 2). The golf course portion of development is not within the corporate limits nor the extra-territorial jurisdiction of the Town of Southern Pines. The golf course property is currently in the Village of Whispering Pines ETJ and therefore under a Village of Whispering Pines zoning classification. The property owner, 71 st Partners, LLC, has submitted a Petition for Voluntary, Contiguous Annexation of the golf course portion to bring this property into the Town of Southern Pines corporate limits. North Carolina General Statutes require that all land within the corporate limits of a municipality shall be zoned if the municipality chooses to zone any property. As a result of the subject property not being currently zoned by the Town, if the golf course portion of The Carolina is annexed by the Town of Southern Pines, per G.S. 160A-360(f), the Town of Southern Pines has sixty (60) days following the approval of the annexation request to apply zoning to the property. In the interim between annexation approval and the approval of a Town of Southern Pines zoning classification, the existing Whispering Pines zoning will remain in effect. The Village of Whispering Pines has zoned the golf course portion of development as REC-Recreational District. Town of Southern Pines staff would like to discuss zoning the subject property to FRR (Facilities, Resources, and Recreation) should the property be annexed into the corporate limits of Southern Pines. The subject property consists of seven parcels totaling acres known as The Carolina Golf Course Tracts. The subject properties are identified by the following: PIN: (PARID: ); PIN: (PARID: ); PIN: (PARID: ); PIN: (PARID: ); PIN: (PARID: ); PIN: (PARID: ); and PIN: (PARID: ). Per the Moore County Tax records, the property owner is listed as 71 st Partners, LLC. The Carolina Initial Zoning 2017 November Town Council Work Session Page 1 of 7

15 II. PROPERTY INFORMATION: A. Physical Address: Avenue of the Carolinas Southern Pines, NC B. Owner: 71 st Partners, LLC 238 N. McPherson Church Road Fayetteville, NC C. Applicant: Town of Southern Pines D. Size of Property Total Acreage: acres Figure 1: Vicinity & Adjacent Zoning Map (Golf Course Portion Outlined in Dashed Red): The Carolina Initial Zoning 2017 November Town Council Work Session Page 2 of 7

16 III. PROPOSED REZONING INFORMATION: A. Current Jurisdiction and Zoning of Property: The subject properties are presently zoned by the Village of Whispering Pines as REC Recreational District (see Figure 2 below). The current REC zoning is defined in of the Village of Whispering Pines Land Development Ordinance (LDO) as follows: Section REC - Recreational District This is established as a District in which the principal use of the land is for recreational purposes. In promoting the general purposes of this Ordinance, the specific intent of this District is: 1) to permit the continued use of the land for recreational purposes; 2) to prohibit commercial and residential use of the land, except for such structures and incidental commercial use as may be necessary to utilize such land for recreational purposes; 3) to prohibit any other use which would interfere with the use of such land for recreational purposes; and 4) to encourage the discontinuance of existing uses which would not be permitted as new uses under the provisions of this District. Figure 2: Village of Whispering Pines Zoning Map (Golf Course Portion Outlined in Dashed Red) The Carolina Initial Zoning 2017 November Town Council Work Session Page 3 of 7

17 B. Proposed Initial Zoning Upon Annexation: The Town of Southern Pines Unified Development Ordinance (UDO) contains a zoning district entitled FRR Facilities, Resource and Recreation that is similar to the present zoning of the property. The purpose of the FRR district is provided in UDO as follows: FRR Facilities, Resources, and Recreation District (A) Purpose The FRR is intended for open space, public facilities and privately owned and recreation areas. Publicly owned land uses include governmental, recreational, education, natural resource and utility facilities. Privately owned land uses include golf resorts and related facilities, land trusts established to preserve natural resources, schools and recreational facilities that typically include substantial open space. The objectives of the FRR district are to: 1) Provide land for publicly-owned governmental facilities and privately-owned natural and man-made resource and recreation areas; and 2) Preclude major residential, retail office, institutional, and industrial uses that typically provide limited open space. The Carolina Initial Zoning 2017 November Town Council Work Session Page 4 of 7

18 C. Current Town of Southern Pines CLRP Future Land Use Category: The area requesting annexation and for which initial zoning is being discussed is currently adjacent to land designated Residential/Golf on the Future Land Use Map contained within the Town of Southern Pines Comprehensive Long-Range Plan (CLRP) (see Figure 3). The Residential/Golf future land use is described as follows: The Residential/Golf designation applies to areas that include public or private golf courses and residences. This category may accommodate a single family or attached dwellings at a variety of densities, recreational facilities in addition to the golf course, limited guest accommodations, and limited commercial services intended to serve residents of and visitors to the development. Figure 3: CLRP Future Land Use Map (Golf Course Portion Outlined in Dashed Red) The Carolina Initial Zoning 2017 November Town Council Work Session Page 5 of 7

19 D. Criteria for Review of Rezoning: When reviewing an application for rezoning, the hearing bodies (Planning Board and Town Council) shall consider and be guided by the following criteria, as set forth in UDO : A. Consistency. Rezoning shall be consistent with the adopted Comprehensive Plan B. Adverse Impacts on Neighboring Lands. The Hearing Body shall consider the nature and degree of an adverse impact upon neighboring lands. Lots shall not be rezoned in a way that is substantially inconsistent with the uses of the surrounding area, whether more or less restrictive. The Town finds and determines that vast acreages of single-use zoning produces uniformity with adverse consequences, such as traffic congestion, air pollution, and social alienation. Accordingly, rezonings may promote mixed uses subject to a high degree of design control. C. Suitability as Presently Zoned. The Hearing Body shall consider the suitability or unsuitability of the Tract for its use as presently zoned. This factor, like the others, should be weighed in relation to the other standards, and instances can exist in which the land may be rezoned to meet public need, to reflect substantially changed conditions in the neighborhood, or to effectuate important goals, objectives and policies of the Comprehensive Plan or UDO. D. Health, Safety, and Welfare. The amending ordinance must bear a substantial relationship to the public health, safety or general welfare, or protect and preserve historical and cultural places and areas. The rezoning may be justified, however, if a substantial public need or purpose exists, even if the private owner of the Tract will also benefit. E. Public Policy. Certain public policies in favor of the rezoning may be considered. Examples include a need for affordable housing, economic Development, mixed-use Development, or sustainable environmental features, which are consistent with neighborhood, area, or specific plans. F. Size of Tract. The Hearing Body shall consider the size, shape, and characteristics of the Tract in relation to the affected neighboring lands. Amendatory ordinances shall not rezone a single Lot when there have been no intervening changes or other saving characteristics. Proof that a small Tract is unsuitable for use as zoned, or that there have been substantial changes in the immediate area, may justify ordinance rezoning. G. Other Factors. The Hearing Body may consider any other factors relevant to a rezoning application under state law. H. Applicant Representations. Except for rezoning requests submitted in accordance with the provisions herein for conditional use district rezonings, the Hearing Body shall not consider any representations made by the petitioner that, if the change is granted, the rezoned property will be used for only one of the possible range of uses permitted in the requested classification. Rather, the Hearing Body shall consider whether the entire range of permitted uses in the requested classification is more appropriate than the range of uses in the existing classification. The Carolina Initial Zoning 2017 November Town Council Work Session Page 6 of 7

20 IV. TOWN COUNCIL ACTION: The Town Council may wish to take one of the following actions: 1. No action; 2. Direct the Town of Southern Pines staff to proceed with preparing a rezoning application for the subject property to rezone the property to FRR through the required application processes as outlined in the Town of Southern Pines Unified Development Ordinance; 3. Direct the Town of Southern Pines staff to proceed with preparing a rezoning to some other zoning district through the required application processes as outlined in the Town of Southern Pines Unified Development Ordinance; 4. An action listed above with the following conditions 5. An action not listed above The Carolina Initial Zoning 2017 November Town Council Work Session Page 7 of 7