Lincoln County Board of Commissioner s Agenda Item Cover Sheet

Transcription

1 Lincoln County Board of Commissioner s Agenda Item Cover Sheet Board Meeting Date: Agenda Item Type: Consent Agenda: Public Hearing: Regular Agenda: Presentation Time (est): Submitting Person: Phone Number/Ext: Presenter at Meeting: Phone Number/Ext: Submitting Department: Department Head Approval: Description of Agenda Item: Background & Basis of Recommendations: Action/Recommendations: Time Sensitivity (none or explain): Budget Impact (if applicable): List of Attachments (if any):

2 LINCOLN COUNTY PLANNING & INSPECTIONS DEPARTMENT 302 NORTH ACADEMY STREET, SUITE A, LINCOLNTON, NORTH CAROLINA OFFICE INSPECTION REQUEST LINE FAX To: Board of Commissioners From: Randy Hawkins, Zoning Administrator Date: August 2, 2016 Re: Planning Board recommendations (08/01/16) ZMA #627 Lincoln Economic Development Association, applicant (Parcel ID# 90018) A request to rezone 0.38 acre from R-T (Transitional Residential) to I-G (General Industrial). The property is located on the east side of N.C. 16 Bypass about 200 feet west of Airlie Parkway and 1,300 feet south of Rufus Road in Catawba Springs Township. The Planning Board voted 9-0 to recommend approval. ZMA #628 Daniel Williams Jr., applicant (Parcel ID# 89937) A request to rezone 16.7 acres from I-G (General Industrial) to R-T (Transitional Residential). The property is located on the east side of South Industrial Park Road about 2,400 feet south of Salem Church Road in Ironton Township. The Planning Board voted 9-0 to recommend approval. PD # Lawrence W. Mashburn & Assigns, applicant (Parcel ID# 86604, 34085, 58241, 32399, 32520, 32514, 34090, and 34096) A request to rezone acres from R-SF (Residential Single-Family), R-T (Residential Transitional) and B-N CZ (Neighborhood Business Conditional Zoning) to PD-R (Planned Development-Residential) to permit a subdivision with up to 198 single-family detached homes. The property is located between N.C. 16 Business and Saint James Church Road about 2,700 feet south of their intersection in Catawba Springs Township. The Planning Board voted 9-0 to recommend approval. PCUR #140-2A Westport Construction Partners, LLC (Parcel ID# 91829) A request to amend a conditional use planned development district to alter the layout of an area approved for 74 zerolot-line houses and to allow 42 additional zero-lot-line houses in a portion of an area approved for 52 single-family detached houses, decreasing the number of single-family detached houses by 19. The request involves a 36.7-acre tract located south of Shanklin Lane and north of Lake Shore Road South in Catawba Springs Township. The Planning Board voted 8-0 to recommend approval with a condition that the required number of plantings for the Class B buffer be based on Alternative 1 (10 feet) instead of Alternative 2 (15 feet). CUP #357 Carol and José Mejia, applicants (Parcel ID# 26700) A request for a conditional use permit to operate a riding stable in the R-T (Transitional Residential) district. The 26-acre parcel is located at 1966 Magnolia Grove Road, on the east side of Magnolia Grove Road about 4,000 feet south of N.C. 27, in Ironton Township. The Planning Board voted 8-1 to recommend approval. CUP #359 Christina McManus, applicant (Parcel ID# 27773) A request for a conditional use permit to place a Class B (doublewide) manufactured home in the R-S (Residential Suburban) zoning district. The 0.6-acre parcel is located between Mack Ballard Road and N.C. 150, about

3 250 feet northwest of the intersection of Mack Ballard Road and Frank Dellinger Lane in Ironton Township. The Planning Board voted 9-0 to recommend approval. CUP #360 Doug and Karen Lusk, applicants (Parcel ID# 91735) A request for a conditional use permit to allow a winery and a hall for hosting weddings, receptions, reunions, Christmas parties and other events in the R-T (Transitional Residential) district. The proposed 17.4-acre site is located on the west side of King Wilkinson Road at Mundy Road in Catawba Springs Township. The Planning Board voted 9-0 to recommend approval with a condition that a minimum of two acres of grape vines be planted before an ABC permit is approved.

4 LINCOLN COUNTY PLANNING & INSPECTIONS DEPARTMENT 302 NORTH ACADEMY STREET, SUITE A, LINCOLNTON, NORTH CAROLINA OFFICE INSPECTION REQUEST LINE FAX Zoning Amendment Statement of Consistency and Reasonableness Adopted by the Lincoln County Planning Board on August 1, 2016 Case No. ZMA #627 Applicant Planning and Inspections Department Parcel ID# Location east side of N.C. 16 Bypass, 200 feet west of Airlie Parkway Proposed amendment rezone from R-T to I-G This proposed amendment is consistent with the Lincoln County Comprehensive Land Use Plan and other adopted plans in that: This property is part of 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 on three sides by land zoned I-G and is located in an area designated for future industrial uses.

5 LINCOLN COUNTY PLANNING & INSPECTIONS DEPARTMENT 302 NORTH ACADEMY STREET, SUITE A, LINCOLNTON, NORTH CAROLINA OFFICE INSPECTION REQUEST LINE FAX Zoning Amendment Statement of Consistency and Reasonableness Adopted by the Lincoln County Planning Board on August 1, 2016 Case No. ZMA #628 Applicant Daniel Williams Jr. Parcel ID# Location South Industrial Park Road Proposed amendment rezone from I-G to R-T This proposed amendment is not consistent with the Lincoln County Comprehensive Land Use Plan and other adopted plans in that: This property is part of an area designated by the Land Use Plan as industrial. This proposed amendment is reasonable and in the public interest in that: The potential for industrial development of this property is limited by a stream, ponds and topography. The Lincoln Economic Development Association is not opposed to the rezoning request. This property is mainly adjoined by parcels zoned residential or containing residential uses.

6 LINCOLN COUNTY PLANNING & INSPECTIONS DEPARTMENT 302 NORTH ACADEMY STREET, SUITE A, LINCOLNTON, NORTH CAROLINA OFFICE INSPECTION REQUEST LINE FAX Zoning Amendment Statement of Consistency and Reasonableness Adopted by the Lincoln County Planning Board on August 1, 2016 Case No. PD # Applicant Lawrence W. Mashburn & Assigns Parcel ID# 86604, 34085, 58241, 32399, 32520, 32514, 34090, and Location Between N.C. 16 Business and Saint James Church Road about 2,700 feet south of their intersection. Proposed amendment Rezoning of acres from R-SF (Residential Single-Family), R-T (Residential Transitional) and B-N CZ (Neighborhood Business Conditional Zoning) to PD-R (Planned Development-Residential) to permit a subdivision with up to 198 single-family detached homes This proposed amendment is consistent with the Lincoln County Comprehensive Land Use Plan and other adopted plans in that: The proposal is consistent with the NC 16 Corridor Vision Plan s goal of creating a community center for Downtown Denver. It is consistent with the corridor plan s goal of creating a new road network to provide alternate travel routes between N.C. 16 Business and St. James Church Road, helping to alleviate traffic congestion at their intersection and allowing easier access to the NC 16 Bypass. The proposal also is consistent with Guiding Principle 6 of the Land Use Plan by integrating other land uses as a connection to Denver Baptist Church will be made on the northwestern side of the property. This proposed amendment is reasonable and in the public interest in that: The property abuts a targeted focus area identified for a mixture of uses that requires support from residential development along the periphery. The plans for this subdivision will meet all of the requirements of the Unified Development Ordinance. At least 38% of the property will be set aside as open space and stream corridors will be protected by buffers. Amenities will be provided as part of the master plan, including a walking trail, picnic areas, and a swimming pool. As part of this proposed amendment, off-site road improvements will be made by the developer to mitigate the impact of this subdivision.

7 County Of Lincoln, North Carolina Planning Board LINCOLN COUNTY PLANNING BOARD S RECOMMENDATIONS ON FINDINGS OF FACT FOR A CONDITIONAL USE PERMIT Application No. PCUR #140-2A Applicant Westport Lakeside Development, LLC Property Location south of Shanklin Lane and north of Lake Shore Road South Parcel ID# Proposed Amendment Expand the Springs at Westport Club, maintenance free, active adult homes community currently zoned for 74 homes, by decreasing the area which is currently approved for 52 single family homes. The proposed plan would increase the active adult units from 74 to 116, an increase of 42 homes, while decreasing the number of large lot single family homes by 19 homes, resulting in a net increase of 23 homes. The plan would include the implementation of a 15 wide Class B Landscape Buffer, as prescribed in the Lincoln County UDO, planted on approximately a 20 wide, 5 height berm along the property boundaries that border existing single family homes to provide a maintained buffer for privacy and beautification. A minimum building setback from these property lines of 25 is proposed. The plan would also include sidewalks for the home sites to be developed, as well as approximately 2800 lineal feet of walking trails that would meander through the natural area of the Springs at Westport Club. FINDINGS OF FACT 1. The use will not materially endanger the public health or safety if located where proposed and developed according to plan. Each of the residential areas will have two access points in case of emergency. The access onto Lake Shore Road South is an emergency access only. Storm water Best Management Practices will be implemented which will serve to not only retain storm water runoff but will serve to filter storm water runoff. The original traffic study conducted by Kimley Horne and Associates for this development considered a buildout of 259 units consisting of the townhomes, active adult, and single family homes. This proposed amendment along with existing conditions at build out would be 279 units, a difference of 20 units or an increase of 7.7%. The increase would represent active adult owners, who typically do not travel during peak travel hours. 2. The use meets all required conditions and specifications. Christine Poinsette, Chair Dr. Crystal Mitchem,, Vice Chair Todd Burgin, Secretary 302 North Academy Street, Suite A, Lincolnton, North Carolina Telephone (704) Fax (704)

8 The plans have been reviewed by county staff and found to comply with all requirements. The term zero-lot line is used due to the Springs being a maintenance free community. The lots are actually the largest footprint of the largest home offered. Each home is between 37 and 40 wide and has an approximate side courtyard separating it from the next home, resulting in the equivalent of a wide lot. 3. The use will not substantially injure the value of adjoining or abutting property unless the use is a public necessity. The Springs at Westport Club, is and will continue be subject to the restrictive covenants and architectural standards established, and that are reflective of the six completed homes. These restrictive covenants establish standards which insure the maintenance of the landscape and exteriors of these homes. The data on real estate sales presented by the applicant supports the fact that the Springs at Westport Club will not injure the value of adjoining property and will likely help to improve the property values which surround it. In conclusion it illustrates that the Springs at Westport Club homes average $155.28/square foot to date, compared to other new and existing home sales in the direct vicinity which average $118.16/square foot. 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. The homes will be individually owned and targeted at Active Adults. This property is part of an area designated by the Land Use Plan as Suburban Residential, primarily single-family in character with options for town home or patio home development, suitable for densities of upwards of 1-2 homes per acre depending on the provision of utilities. This development will be served by public water and sewer. Overall, the proposed density for the development is approximately 2.5 homes per acre. The Springs Active Adult homes to date average 2293 square feet per home, compared to 2370 square feet per home of new and existing sales in the Westport Community over the last six months. The minimal difference in size or average square footages illustrate that these homes will be in harmony with the existing Westport Community. This Active Adult Community was zoned such in 2006, with the support of the Westport Community primarily due to the community s request to provide an option for current residents in Westport to downsize into a maintenance free community without having to relocate outside of Westport. After having held a public hearing on June 6, 2016, and August 1, 2016, and in light of the findings of facts listed herein, the following action was taken by the Lincoln County Planning Board: The Planning Board voted 8-0 to recommend approval with a condition that the required number of plantings for the Class B buffer be based on Alternative 1 (10 feet) instead of Alternative 2 (15 feet). 2 of 2

9 County Of Lincoln, North Carolina Planning Board LINCOLN COUNTY PLANNING BOARD S RECOMMENDATIONS ON FINDINGS OF FACT FOR A CONDITIONAL USE PERMIT Application No. CUP #357 Property Location 1966 Magnolia Grove Rd. Parcel ID No Applicant Carol and José Mejia Zoning District R-T Proposed Use riding stable FINDINGS OF FACT 1. The use will not materially endanger the public health or safety if located where proposed and developed according to plan. The property is located in a rural area. It has been designed and used for horse riding for many years. The fencing currently in place is adequate to ensure public health and safety. 2. The use meets all required conditions and specifications. This parcel contains more than 25 acres. The existing barns and riding areas are more than 200 feet from all property lines. Manure piles will be maintained more than 200 feet from all property lines. Existing trees and shrubs provide a sufficient buffer. 3. The use will not substantially injure the value of adjoining or abutting property unless the use is a public necessity. The property owner s home is located on this same property. Other properties in the area are used for ranching and horse riding. 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. A riding stable would be in harmony with the surrounding rural community where other properties are used for ranching and horse riding. A riding stable is a conditional use in the R-T zoning district. This riding stable will be required to meet all of the standards established in the Unified Development Ordinance. After having held a public hearing on August 1, 2016, and in light of the findings of facts listed herein, the following action was taken by the Lincoln County Planning Board: The Planning Board voted 8-1 to recommend approval. Christine Poinsette, Chair Dr. Crystal Mitchem,, Vice Chair Todd Burgin, Secretary 302 North Academy Street, Suite A, Lincolnton, North Carolina Telephone (704) Fax (704)

10 County Of Lincoln, North Carolina Planning Board LINCOLN COUNTY PLANNING BOARD S RECOMMENDATIONS ON FINDINGS OF FACT FOR A CONDITIONAL USE PERMIT Application No. CUP #359 Property Location Mack Ballard Road Parcel ID No Applicant Christina McManus Zoning District R-S Proposed Use Class B (doublewide) manufactured home FINDINGS OF FACT 1. The use will not materially endanger the public health or safety if located where proposed and developed according to plan. A permit for a septic system will be obtained, and the home will be set up in compliance with the State Building Code. 2. The use meets all required conditions and specifications. The home will be a new doublewide that qualifies as a Class B manufactured home with a shingled roof, vinyl siding, and masonry underpinning. A Class B manufactured home is a conditional use in the R-S district. 3. The use will not substantially injure the value of adjoining or abutting property unless the use is a public necessity. Manufactured homes are located on adjoining properties. 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. Manufactured homes are located in this area. The Land Use Plan classifies this area as suitable for residential uses, primarily single-family. After having held a public hearing on August 1, 2016, and in light of the findings of facts listed herein, the following action was taken by the Lincoln County Planning Board: The Planning Board voted 9-0 to recommend approval. Christine Poinsette, Chair Dr. Crystal Mitchem,, Vice Chair Todd Burgin, Secretary 302 North Academy Street, Suite A, Lincolnton, North Carolina Telephone (704) Fax (704)

11 County Of Lincoln, North Carolina Planning Board LINCOLN COUNTY PLANNING BOARD S RECOMMENDATIONS ON FINDINGS OF FACT FOR A CONDITIONAL USE PERMIT Application No. CUP #360 Applicants Doug and Karen Lusk Property Location King Wilkinson Road Zoning District R-T Parcel ID# Proposed Use winery and events venue FINDINGS OF FACT 1. The use will not materially endanger the public health or safety if located where proposed and developed according to plan. A permit for a septic system will be obtained from Environmental Health. A driveway permit will be obtained from NCDOT. The buildings will meet the state building code. 2. The use meets all required conditions and specifications. The site plan has been reviewed by county staff and found to comply with all requirements. 3. The use will not substantially injure the value of adjoining or abutting property unless the use is a public necessity. This is a 17-acre tract. The proposed buildings will be set back more than 200 feet from the nearest property line. A buffer of trees will be left along the boundary to the north near the closest home. 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. This is a rural area that includes agricultural uses. A vineyard will be planted as part of the plan. A winery and an events venue are conditional uses in the R-T district. After having held a public hearing on August 1, 2016, and in light of the findings of facts listed herein, the following action was taken by the Lincoln County Planning Board: The Planning Board voted 9-0 to recommend approval with a condition that a minimum of two acres of grape vines be planted before an ABC permit is approved. Christine Poinsette, Chair Dr. Crystal Mitchem,, Vice Chair Todd Burgin, Secretary 302 North Academy Street, Suite A, Lincolnton, North Carolina Telephone (704) Fax (704)