09/15 Agenda. Documents: 9.3 PB AGENDA.PDF Documents: STAFF REPORT.PDF Documents: STAFF REPORT.PDF.

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1 1. 09/15 Agenda Documents: 9.3 PB AGENDA.PDF Documents: STAFF REPORT.PDF Documents: STAFF REPORT.PDF 4. 09/15 Minutes Documents: PB MINUTES.PDF

2 IREDELL COUNTY PLANNING BOARD Jeff McNeely Jerry Santoni Dennis Hutchens Harry Tsumas Doug Holland Mark Davis Kristi Pfeufer David Aman Joe Hudson September 2, 2015 Commissioners Meeting Room Iredell County Government Center Statesville, North Carolina 7:00 p.m. Call to Order A G E N D A Consideration of Rezoning Requests Case # Venture Properties VII, LLC is requesting to rezone 1.76 acres on Charlotte Highway, U.S. 21, from RA, Residential Agricultural to NB, Neighborhood Business. This is a straight rezoning request and therefore, all uses as described in the Table of Permitted and Special Uses (Section 2.21) in the Land Development Code will be allowed. No conditions are proposed in the request. Case # Thomas G. Boan is requesting to rezone 9.88 acres on Carpet Road in Statesville from HB, Highway Business to GB, General Business. This is a straight rezoning request and therefore, all uses as described in the Table of Permitted and Special Uses (Section 2.21) in the Land Development Code will be allowed. No conditions are proposed in the request. Other Business None at this time Approval of the August 5, 2015 Meeting Minutes Committee Assignments Site Visit: Wednesday, September 23, 2015 Adjournment

3 IREDELL COUNTY DEVELOPMENT SERVICES PLANNING DIVISION PLANNING STAFF REPORT REZONING CASE # STAFF PROJECT CONTACT: Jake Lowman EXPLANATION OF THE REQUEST This is a request to rezone 1.76 acres on Charlotte Highway from RA, Residential Agricultural to NB, Neighborhood Business. This is a straight rezoning request and therefore, all uses as described in the Table of Permitted and Special Uses (Section 2.21) in the Land Development Code will be allowed. No conditions are proposed in the request. OWNER/APPLICANT OWNERS: Jacquelyn Overcash, Overcash Properties Limited Partnership APPLICANTS: Ronnie Walsh, Venture Properties VII, LLC PROPERTY INFORMATION LOCATION: Charlotte Highway; more specifically identified as PIN DIRECTIONS:U.S. 21 S; Keep right at 115/21 split; Subject property is next to Shepherds Fire Station. SURROUNDING LAND USE: This tract adjoins Shepherds Fire Station. Other surrounding land uses are residential in nature or vacant. There is a gas station diagonally across Highway 21. SIZE: The total size of the property is approximately 1.76 acres. EXISTING LAND USE: The property has been vacant for a number of years.

4 ZONING HISTORY: This property has been zoned RA since countywide zoning. OTHER JURISDICTIONAL INFORMATION: The property is located in Mooresville s long range plan. Mooresville s planning department did voice concern of this area being stripped out commercially. OTHER SITE CHARACTERISTICS: Only a small portion of this property is located in the Catawba/Lake Norman WS-IV Protected Area. IMPACTS ON LOCAL INFRASTRUCTURE AND/OR FACILITES TRAFFIC: The closest traffic count was on Charlotte Highway just in front of this property and had a 2012 count of 12,000 vehicle trips per day. The capacity for this section of Charlotte Highway is approximately 13,800 vehicles per day. SCHOOLS: This is a commercial rezoning, therefore there should be no implications on local schools. FIRE MARSHAL: The Fire Marshal s office voiced no concerns with this rezoning. EMS: This proposal has been reviewed by the EMS Department. They have no issues with the proposal. UTILITIES: To the best of staff s knowledge, the site will be served by well and septic, but there is water in the area. REQUIRED REVIEWS BY OTHER AGENCIES LOCAL: The applicant will need to provide a site plan to the Planning Department for review for non-residential development or a change of use of the property. Zoning requirements such as parking, landscaping and buffering would be reviewed at such time. STATE: Other than building code, there should be no formal state agency review at this time. FEDERAL: None at this time. STAFF AND BOARD COMMENTS STAFF COMMENTS: The 2030 Horizon Plan calls for this area to be Medium Density Residential which includes areas and land that is either currently developed or slated for future development at medium densities. These areas are within the Iredell County Urban Services Areas and may be serviced by and incorporated into one of the municipalities at some point in the future. These lands are either currently served or will be served in the future by public or private water or sanitary sewer systems. The intent of these lands is that they provide more dense development opportunities and a broader

5 range of housing choices than low density residential. Medium-Density Residential also allows for small scale neighborhood commercial. The Planning staff can support the proposed rezoning request based on the following: The 2030 Horizon Plan calls for this area to be medium density residential, which allows for small scale commercial. The subject property is located adjacent to Shepherds Fire Department, which makes the site less desirable for residential development and use. The site is near existing highway business commercial and the traffic impacts should not exceed existing road capacity. SITE REVIEW COMMITTEE: David Aman, Mark Davis, and Joe Hudson visited the site with staff on August 19, ACTION NEEDED: TO APPROVE: Motion to recommend in favor of the zoning map amendment and to make a finding that the approval is consistent with the adopted 2030 Horizon Plan and that said approval is reasonable and in the public interest and furthers the goals of the 2030 Horizon Plan because neighborhood scale commercial is allowed in the land use designation, it is in the vicinity of commercially zoned property and should not exceed existing road capacity. TO DENY: Motion to recommend denial of the zoning map amendment and to make a finding that though the denial is inconsistent with the adopted 2030 Horizon Plan said denial is reasonable and in the public interest and does not further the goals of the 2030 Horizon Plan because Attachments: Rezoning Application General Uses in the NB District Zoning Map Future Land Use Map Aerial View Map

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15 IREDELL COUNTY DEVELOPMENT SERVICES PLANNING DIVISION PLANNING STAFF REPORT REZONING CASE # STAFF PROJECT CONTACT: Jake Lowman EXPLANATION OF THE REQUEST This is a request to rezone 9.88 acres on Carpet Road in Statesville from HB, Highway Business to GB, General Business. This is a straight rezoning request and therefore, all uses as described in the Table of Permitted and Special Uses (Section 2.21) in the Land Development Code will be allowed. No conditions are proposed in the request. OWNER/APPLICANT OWNERS: Thomas Gerald Boan ETAL APPLICANTS: Thomas Gerald Boan PROPERTY INFORMATION LOCATION: 115 Carpet Rd; more specifically identified as PIN DIRECTIONS:I-40 East Exit 162; Left on Hwy 64; Left on Battle Road; Left on Carpet Road. SURROUNDING LAND USE: The Highway Business property to the north of the main tract is for a telecommunications tower; the land to the south is solely interstate right of way; the property to the east is for residential use; all other tracts are vacant. SIZE: The total size of the property is approximately 9.88 acres. EXISTING LAND USE: There was a carpet retail and install business on the property. Now the buildings are leased to individual tenants. There is currently an emergency equipment retail and

16 install business in one of the leased buildings. ZONING HISTORY: This property has been zoned HB since countywide zoning. OTHER JURISDICTIONAL INFORMATION: The property is not located in another jurisdiction s long range plan. OTHER SITE CHARACTERISTICS: This property is located in the Coolemmee WS-IV Watershed Protected Area. IMPACTS ON LOCAL INFRASTRUCTURE AND/OR FACILITES TRAFFIC: The closest traffic count was on Mocksville Highway near the Interstate 40 interchange and had a 2012 count of 2,500 vehicle trips per day. The capacity for this section of Mocksville Highway is approximately 13,800 vehicles per day. SCHOOLS: This is a commercial rezoning, therefore there should be no implications on local schools. FIRE MARSHAL: This proposal has been reviewed by the Fire Marshal. They may need to address a few changes in each building and will speak with the occupant about such changes. EMS: This proposal has been reviewed by the EMS Department. They have no issues with the proposal. UTILITIES: The site is currently served by well and septic. REQUIRED REVIEWS BY OTHER AGENCIES LOCAL: The applicant will need to provide a site plan to the Planning Department for review for non-residential development or a change of use of the property. Zoning requirements such as parking, landscaping and buffering would be reviewed at such time. STATE: Other than building code, there should be no formal state agency review at this time. FEDERAL: None at this time. STAFF AND BOARD COMMENTS STAFF COMMENTS: This area was designated as highway business at the time of county wide zoning. The 2030 Horizon Plan projects this area as Highway Interchange Commercial. These areas include existing or future commercial, retail, and service uses located proximate to interstate interchanges on major arterial roadways. The intent of these lands is to provide for high intensity uses related to travel. Traditional strip

17 commercial development is discouraged within these areas. Instead, developments should be designed to provide greater connectivity within and to adjacent developments, pedestrian access should be a priority, and landscaping, signage, and building design and orientation should be consistent within individual developments. The use of service roads and access management best practices are encouraged within these areas. Natural buffers should be provided between developments and interstates to maintain to improve the visual experience from the roadway and reduce the impacts of roadway noise. Uses within this area generally should include gas stations, hotel/motels, restaurants, and other highway travel related businesses. Secondary uses may include retail, office developments, and higher-density residential uses. The proposed GB district fits into this designation. The Planning staff can support the proposed rezoning request based on the following: The 2030 Horizon Plan calls for this area to be highway interchange commercial. The property has been zoned highway business since county wide zoning and the site will be surrounded by Highway Business. Potential traffic impacts should not exceed road capacity. SITE REVIEW COMMITTEE: David Aman and Joe Hudson visited the site with staff on August 19, ACTION NEEDED: TO APPROVE: Motion to recommend in favor of the zoning map amendment and to make a finding that the approval is consistent with the adopted 2030 Horizon Plan and that said approval is reasonable and in the public interest and furthers the goals of the 2030 Horizon Plan because it is in harmony with the surrounding area, adjacent to commercially zoned property and should not exceed existing road capacity. TO DENY: Motion to recommend denial of the zoning map amendment and to make a finding that though the denial is inconsistent with the adopted 2030 Horizon Plan said denial is reasonable and in the public interest and does not further the goals of the 2030 Horizon Plan because Attachments: Rezoning Application General Uses in the GB District Zoning Map Future Land Use Map Aerial View Map

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28 IREDELL COUNTY PLANNING BOARD The Iredell County Planning Board met on Wednesday, September 2, 2015 at 7:00 p.m. in the Commissioners Meeting Room of the Iredell County Government Center (Old Courthouse) at 200 S. Center Street in Statesville, NC. MEMBERS PRESENT Jeff McNeely, Chairman Harry Tsumas, Vice Chairman Joe Hudson Mark Davis Dennis Hutchens Kristi Pfuefer David Aman Doug Holland STAFF PRESENT Matthew Todd Jake Lowman Amy Anderson MEMBERS ABSENT Jerry Santoni Chairman McNeely called the meeting to order. Jake Lowman presented the following cases: REZONING REQUEST: , OVERCASH PROPERTIES LIMITED PARTNERSHIP This is a request to rezone 1.76 acres on Charlotte Highway from RA, Residential Agricultural to NB, Neighborhood Business. This is a straight rezoning request and therefore, all uses as described in the Table of Permitted and Special Uses (Section 2.21) in the Land Development Code will be allowed. No conditions are proposed in the request. OWNER/APPLICANT OWNERS: Jacquelyn Overcash, Overcash Properties Limited Partnership APPLICANTS: Ronnie Walsh, Venture Properties VII, LLC PROPERTY INFORMATION LOCATION: Charlotte Highway; more specifically identified as PIN Page 1

29 DIRECTIONS:U.S. 21 S; Keep right at 115/21 split; Subject property is next to Shepherds Fire Station. SURROUNDING LAND USE: This tract adjoins Shepherds Fire Station. Other surrounding land uses are residential in nature or vacant. There is a gas station diagonally across Highway 21. SIZE: The total size of the property is approximately 1.76 acres. EXISTING LAND USE: The property has been vacant for a number of years. ZONING HISTORY: This property has been zoned RA since countywide zoning. OTHER JURISDICTIONAL INFORMATION: The property is located in Mooresville s long range plan. Mooresville s planning department did voice concern of this area being stripped out commercially. OTHER SITE CHARACTERISTICS: Only a small portion of this property is located in the Catawba/Lake Norman WS-IV Protected Area. IMPACTS ON LOCAL INFRASTRUCTURE AND/OR FACILITES TRAFFIC: The closest traffic count was on Charlotte Highway just in front of this property and had a 2012 count of 12,000 vehicle trips per day. The capacity for this section of Charlotte Highway is approximately 13,800 vehicles per day. SCHOOLS: This is a commercial rezoning, therefore there should be no implications on local schools. FIRE MARSHAL: The Fire Marshal s office voiced no concerns with this rezoning. EMS: This proposal has been reviewed by the EMS Department. They have no issues with the proposal. UTILITIES: To the best of staff s knowledge, the site will be served by well and septic, but there is water in the area. REQUIRED REVIEWS BY OTHER AGENCIES LOCAL: The applicant will need to provide a site plan to the Planning Department for review for non-residential development or a change of use of the property. Zoning requirements such as parking, landscaping and buffering would be reviewed at such time. STATE: Other than building code, there should be no formal state agency review at this time. Page 2

30 FEDERAL: None at this time. STAFF AND BOARD COMMENTS STAFF COMMENTS: The 2030 Horizon Plan calls for this area to be Medium Density Residential which includes areas and land that is either currently developed or slated for future development at medium densities. These areas are within the Iredell County Urban Services Areas and may be serviced by and incorporated into one of the municipalities at some point in the future. These lands are either currently served or will be served in the future by public or private water or sanitary sewer systems. The intent of these lands is that they provide more dense development opportunities and a broader range of housing choices than low density residential. Medium-Density Residential also allows for small scale neighborhood commercial. The Planning staff can support the proposed rezoning request based on the following: The 2030 Horizon Plan calls for this area to be medium density residential, which allows for small scale commercial. The subject property is located adjacent to Shepherds Fire Department, which makes the site less desirable for residential development and use. The site is near existing highway business commercial and the traffic impacts should not exceed existing road capacity. SITE REVIEW COMMITTEE: David Aman, Mark Davis, and Joe Hudson visited the site with staff on August 19, QUESTIONS FROM BOARD TO STAFF Hutchens asked if there are any nearby businesses. Mr. Lowman said the closest business is further south on Highway 21. Hutchens then asked if there were residences across the street. Mr. Lowman said yes. Pfeufer asked about the property behind the proposed site. Mr. Lowman said that was a pasture. Hudson asked if the area was within a watershed. Mr. Lowman stated the rear of the property appears to be in the watershed. The applicant will have to meet certain watershed requirements. Pfeufer asked of any concerns the Town of Mooresville had about the proposed rezoning. Mr. Lowman said the Town was initially concerned over heavy commercial use coming to the intersection of Highways 21 and 115. Mr. Lowman further stated the Town had no objections to the Neighborhood Business (NB) request. THOSE SPEAKING FOR THE REQUEST Derek Goddard, of Blue Ridge Environmental Consultants representing the owner and applicant stated he initially talked with Planning staff to rezone the property to Highway Business (HB). However, to meet the goals of the 2030 Horizon Plan the request was scaled back Page 3

31 to Neighborhood Business (NB). Mr. Goddard said he has worked closely with the Department of Transportation and they do not oppose to any of the plans. McNeely asked if the Department of Transportation will require any certain traffic or driveway patterns. Mr. Goddard said there is a cut-through road north of the property and that DOT has asked that the driveway into the property be as far away from that cut-through as possible. Aman asked about the watershed. Mr. Goddard stated that only a small portion of the property is within a watershed and the plan adheres to any requirements. Ronnie Walsh, with Venture Properties, spoke in favor of the request. THOSE SPEAKING ABOUT THE REQUEST Preston Cornelius, adjoining property owner, said that traffic in the area is horrendous. The DOT needs to do something about the traffic. The major intersection with the addition of the cutthrough road makes the area more dangerous. Mr. Cornelius stated he did not oppose the rezoning, but he would like to see some improvements made to the traffic issue. After no further discussion, Aman made a Motion to recommend in favor of the zoning map amendment and to make a finding that the approval is consistent with the adopted 2030 Horizon Plan and that said approval is reasonable and in the public interest and furthers the goals of the 2030 Horizon Plan because neighborhood scale commercial is allowed in the land use designation, it is in the vicinity of commercially zoned property and should not exceed existing road capacity. Hudson seconded said motion and all were in favor. VOTE: 7-0 At this time Mr. Tsumas entered the meeting. REZONING REQUEST: , THOMAS GERALD BOAN This is a request to rezone 9.88 acres on Carpet Road in Statesville from HB, Highway Business to GB, General Business. This is a straight rezoning request and therefore, all uses as described in the Table of Permitted and Special Uses (Section 2.21) in the Land Development Code will be allowed. No conditions are proposed in the request. OWNER/APPLICANT OWNERS: Thomas Gerald Boan ETAL APPLICANTS: Thomas Gerald Boan Page 4

32 PROPERTY INFORMATION LOCATION: 115 Carpet Rd; more specifically identified as PIN DIRECTIONS:I-40 East Exit 162; Left on Hwy 64; Left on Battle Road; Left on Carpet Road. SURROUNDING LAND USE: The Highway Business property to the north of the main tract is for a telecommunications tower; the land to the south is solely interstate right of way; the property to the east is for residential use; all other tracts are vacant. SIZE: The total size of the property is approximately 9.88 acres. EXISTING LAND USE: There was a carpet retail and install business on the property. Now the buildings are leased to individual tenants. There is currently an emergency equipment retail and install business in one of the leased buildings. ZONING HISTORY: This property has been zoned HB since countywide zoning. OTHER JURISDICTIONAL INFORMATION: The property is not located in another jurisdiction s long range plan. OTHER SITE CHARACTERISTICS: This property is located in the Coolemmee WS-IV Watershed Protected Area. IMPACTS ON LOCAL INFRASTRUCTURE AND/OR FACILITES TRAFFIC: The closest traffic count was on Mocksville Highway near the Interstate 40 interchange and had a 2012 count of 2,500 vehicle trips per day. The capacity for this section of Mocksville Highway is approximately 13,800 vehicles per day. SCHOOLS: This is a commercial rezoning, therefore there should be no implications on local schools. FIRE MARSHAL: This proposal has been reviewed by the Fire Marshal. They may need to address a few changes in each building and will speak with the occupant about such changes. EMS: This proposal has been reviewed by the EMS Department. They have no issues with the proposal. UTILITIES: The site is currently served by well and septic. REQUIRED REVIEWS BY OTHER AGENCIES LOCAL: The applicant will need to provide a site plan to the Planning Department for review for non-residential development or a change of use of the property. Zoning Page 5

33 requirements such as parking, landscaping and buffering would be reviewed at such time. STATE: Other than building code, there should be no formal state agency review at this time. FEDERAL: None at this time. STAFF AND BOARD COMMENTS STAFF COMMENTS: This area was designated as highway business at the time of county wide zoning. The 2030 Horizon Plan projects this area as Highway Interchange Commercial. These areas include existing or future commercial, retail, and service uses located proximate to interstate interchanges on major arterial roadways. The intent of these lands is to provide for high intensity uses related to travel. Traditional strip commercial development is discouraged within these areas. Instead, developments should be designed to provide greater connectivity within and to adjacent developments, pedestrian access should be a priority, and landscaping, signage, and building design and orientation should be consistent within individual developments. The use of service roads and access management best practices are encouraged within these areas. Natural buffers should be provided between developments and interstates to maintain to improve the visual experience from the roadway and reduce the impacts of roadway noise. Uses within this area generally should include gas stations, hotel/motels, restaurants, and other highway travel related businesses. Secondary uses may include retail, office developments, and higher-density residential uses. The proposed GB district fits into this designation. The Planning staff can support the proposed rezoning request based on the following: The 2030 Horizon Plan calls for this area to be highway interchange commercial. The property has been zoned highway business since county wide zoning and the site will be surrounded by Highway Business. Potential traffic impacts should not exceed road capacity. SITE REVIEW COMMITTEE: David Aman and Joe Hudson visited the site with staff on August 19, QUESTIONS FROM BOARD TO STAFF Hudson asked if there had been calls about the request from adjoining owners. Mr. Lowman said no. THOSE SPEAKING FOR THE REQUEST Gerald Boan, applicant, spoke in favor of the rezoning. He has owned a business in that location for more than 40 years and has decided to lease the property. The rezoning is to accommodate an auction house. Page 6

34 After no further discussion, Holland made a Motion to recommend in favor of the zoning map amendment and to make a finding that the approval is consistent with the adopted 2030 Horizon Plan and that said approval is reasonable and in the public interest and furthers the goals of the 2030 Horizon Plan because it is in harmony with the surrounding area, adjacent to commercially zoned property and should not exceed existing road capacity. Davis seconded said motion and all were in favor. VOTE: 8-0 UNFINISHED BUSINESS: None MINUTES: Hutchens made a motion to approve the August 5, 2015 meetings minutes. Holland seconded said motion and all were in favor. MONTHLY COMMITTEE ASSIGNMENTS: None ADJOURNMENT: There being no further business, Chairman McNeely declared the meeting adjourned at 7:50 p.m. Amy B. Anderson Administrative Assistant Date Read and/or Approved Page 7