MEETING TYPE: Board of Commissioners - Regular. MEETING DATE: 28 Feb STAFF RESPONSIBLE: Maxx Oliver. DEPARTMENT: Planning & Zoning Division

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1 MEETING TYPE: Board of Commissioners - Regular MEETING DATE: 28 Feb 2017 STAFF RESPONSIBLE: Maxx Oliver DEPARTMENT: Planning & Zoning Division DESCRIPTION Action on Francis Initial Zoning Petition RZ Petition Information: Request by the David L. Francis Limited Partnership for a general use initial town zoning / map amendment from County R-40 (Single Family), to C3 (General Commercial) and RM1 (Multi-family Residential) on approximately 9.81 acres (Tax Parcel ID number ) located on the east side of Highway 16 and across from the intersection of Gray Byrum Road. Financial Impact: N/A Action Requested: Staff recommends approval with the following motions: 1. To approve Petition RZ To approve that the request is consistent with the Comprehensive Plan and future planning goals of the Town of Waxhaw. It is reasonable and in the public interest as it will provide an urban scale density consistent with the recommended Future Land Use designation of Intended Growth Sector Mixed Use as recommended by the Waxhaw Comprehensive Plan and Comprehensive Plan Bridge Policy. Presenter: Maxx Oliver

2 General District Zoning Cheat Sheet Initial zoning and rezoning of property included in the application that would allow uses in the proposed district subject to the standards of the Unified Development Ordnance. Legislative Process Ex Parte Communication Sworn Testimony Statement of Reasonableness & Consistency Notice Conflicts of Interest Public Comment Vote Findings of Fact Conditions The purpose of the hearing is to inform the elected officials of the nature of the proposed action and to allow members of the public to express their views on the matter directly to the decision makers. Communication between the Planning Board, Town Board, applicant and public outside the meeting is allowed. Not required. Required. Must describe how proposal is consistent or inconsistent with plans and why decision is or is not reasonable and in the public interest. Within 10 to 25 days of public hearing date: Two legal advertisements in a newspaper of general circulation; Adjacent property owner notices to property owners within 300 feet of the property; Sign posted on property. Planning Board and Town Board members must abstain from vote only if there is a direct, substantial and readily-identifiable financial interest. Time limitation can be imposed on public speakers. Simple majority. Does not require findings of fact. No conditions can be placed on general zonings or general rezonings.

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12 RZ Staff Analysis BOC Feb. 14, 2017 Rezoning Petition RZ Francis Initial Zoning EXPLANATION OF THE REQUEST Petition RZ is a request by the David L. Francis Limited Partnership for a general use initial town zoning / map amendment from County R-40 (Single Family), to C3 (General Commercial) and RM1 (Multi-family Residential) on approximately 9.81 acres (Tax Parcel ID number ) located on the east side of Highway 16 and across from the intersection of Gray Byrum Road. LOCATION AND CURRENT LAND USE The property located on the east side of Highway 16 and across from the intersection of Gray Byrum Road is vacant and partially wooded. The property is 9.81 acres in size. Condition and land use of the surrounding properties. The adjoining properties are: To the north A portion of a parcel owned by David L. Francis Limited Partnership with a cell towner and barn. The land is mostly field and partially wooded. Zoned CU-C3 Conditional Use General Commercial) along Highway 16 and CU-RM1 (Conditional Use Multi-Family Residential) in the back. To the east A large tract of wooded land located in Union County s jurisdiction zoned R-40 (Single Family). To the south A large tract of land, primarily wooded, located in Union County s jurisdiction zoned R-40 (Single Family). To the west A large tracts of land, also owned by the David L. Francis Limited Partnership, are located to the west across Providence Road containing fields and a pond. And the Waxhaw Carolinas Heath Care System hospital. Both Properties are zoned CU-C3 (Conditional Use General Commercial). WAXHAW FUTURE LANDUSE PLANS The Growth Sector Map from the updated Waxhaw Comprehensive Plan identifies the property as G3 Intended Growth Sector which is described in the plan as follows: This growth sector is intended to be applied to areas that have the necessary infrastructure to support urban scale mixed use development patterns within and in close proximity to the current town limits The Future Land Use Map from the Comprehensive Plan Policy Bridge shows the property as Mixed-Use which is described in the Policy Bridge as follows: 1

13 RZ Staff Analysis BOC Feb. 14, 2017 This designation provides for a mixture of commercial and residential uses in areas that are located along major transportation routes or strategically located to function as the center of a neighborhood. The Highway 16 Corridor Plan, which was developed following 2030 Comprehensive Plan s recommendation for additional study in the Providence Road corridor area, identifies the subject property as Town Center which is described as follows: General Character: Shops mixed with townhouses, larger apartment houses, offices, workplace, and civic buildings; predominantly attached buildings; trees within the public right-of-way; substantial pedestrian activity. Building Placement: Shallow setbacks or none; buildings oriented to street defining a street wall. PLANNING STAFF ANALYSIS The requested zoning is consistent with the zoning of the adjacent property to the north which is owned by the same property owner, David L. Francis Family Limited Partnership. The adjacent parcels to the north are zoned CU-C3 (Conditional use General Commercial) and CU-RM1 (Conditional Use Multi-Family Residential) and the proposed initial zonings on the subject parcel are general use C-3 (General Commercial) and RM-1 (Multi-family Residential). The rezoning request is in keeping with the Future Land Use Map which shows the property being developed with a mixture of commercial and residential uses. Planning Staff recommended in favor of a similar rezoning to C-3 and RM-1 zoning that included the subject property, that request was denied by the Waxhaw Board of Commissioners on November 21, The combination of C-3 and RM-1 zoning on the property will be in keeping with the property to the north and in keeping with the recommended zoning designation on the Future Land Use Map. PLANNING STAFF RECOMMENDATION Staff recommends approval of the proposed rezoning RZ based on the recommendations of the Waxhaw Comprehensive Plan Growth Sectors Map, The Waxhaw Comprehensive Plan Policy Bridge Future Land Use Map, the Highway 16 Corridor Plan, and the previous staff recommendation for a proposed zoning on the site. On November 21, 2016 the Waxhaw Board of Commissioners denied a request, which included the subject property, for general use C-3 and RM-1. If the Board does not wish to move forward with the applicant requested zoning, recommends an initial zoning of OIS (Office, Institutional, and Specialty) as it allows for a mix of commercial and residential uses to a lesser degree than C-3 and RM-1 and is also in keeping with the recommendations of the Comprehensive Plan Policy Bridge. PLANNING BOARD RECOMMENDATION At their Tuesday, January 17, 2017 regular meeting, the Planning Board voted seven to zero (7-0) to send a favorable recommendation to the Board of Commissioners on RZ- 2

14 RZ Staff Analysis BOC Feb. 14, There were six yea votes and one abstention, according to the Waxhaw Planning Board Rules and Procedures an abstention shall be counted as a yea vote. REQUESTED ACTION A motion to approve petition RZ as presented. Or A motion to deny petition RZ as presented. REASONABLENESS AND CONSISTENCY STATEMENT Reasonableness and Consistency Statement: The request is consistent with the Comprehensive Plan and future planning goals of the Town of Waxhaw is reasonable and in the public interest as it will provide an urban scale density consistent with the recommended Future Land Use designation of Intended Growth Sector Mixed Use as recommended by the Waxhaw Comprehensive Plan and Comprehensive Plan Bridge Policy. Or Reasonableness and Consistency Statement: The rezoning request is not consistent with the Comprehensive Plan and future planning goals of the Town of Waxhaw is not reasonable and in the public interest as it (state reasoning) Submitted By: Maxx Oliver 3

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16 SP i rov den Gray Byru ce m Rd Rd Ü Feet 280 RZ Francis Initial Zoning Aerial Map Subject Property Parcels Town Limits Rail Roads Data Source & Disclaimer Data provided by Union County GIS and Town of Waxhaw GIS. The Town of Waxhaw does not guarantee the accuracy of the information displayed. Map created January 2017.

17 Gr ay By r um Rd Rid ge Ct m So erle yva Rd r oy R d d 0 rr Me ce t Dr Hill R P ar k haw k ay dw den e Be White Colla ys n bur y i rov e mb L is C has SP Do v Be 340 t Hill 510 e Suns ay le W Ü Dr d ea ar sh es Ca Rd Feet 680 RZ Francis Initial Zoning Aerial Map Subject Property Parcels Town Limits Rail Roads Data Source & Disclaimer Data provided by Union County GIS and Town of Waxhaw GIS. The Town of Waxhaw does not guarantee the accuracy of the information displayed. Map created January 2017.

18 RZ Francis Initial Zoning Future Land Use Map Data Source & Disclaimer Data provided by Union County GIS and Town of Waxhaw GIS. The Town of Waxhaw does not guarantee the accuracy of the information displayed. Map created January S Providence Rd Gray Byrum Rd Mixed Use Subject Property Town Limits Parcels Land Use G3 INTENDED GROWTH SECTOR - MIXED-USE Collaroy Rd G3 INTENDED GROWTH SECTOR - RESIDENTIAL X1 EXISTING NEIGHBORHOODS X2 EXISTING COMMERCIAL CENTERS Roads Ü Feet

19 RZ Francis Initial Zoning Current Zoning Map Zoning Parcels selection Union County R-40 Parcels Roads C3 KKKK KKKK KKKK CD-C3 K K K K K K K K K K K CD-R4-PRD CU-C3 CU-R3-PRD CU-R4 CU-R4-PRD CU-RM1 R1 R2 RM1 Data Source & Disclaimer Data provided by Union County GIS and Town of Waxhaw GIS. The Town of Waxhaw does not guarantee the accuracy of the information displayed. Map created January S Providence Rd CU-C3 CU-RM1 Gray Byrum Rd Current Zoning R-40 CU-R4 R-40 Collaroy Rd Ü KKKKKKKKKKKK KKKKKKKKKKKKK KKKKKKKKKKKKK KKKKKKKKKKKKK KKKKKKKKKKKKK Feet

20 RZ Francis Initial Zoning Proposed Zoning Map Zoning Parcels selection Town Limits Parcels Roads C3 KKKK KKKK KKKK CD-C3 K K K CD-R4-PRD K K K K CU-C3 CU-R3-PRD CU-R4 CU-R4-PRD CU-RM1 R1 R2 RM1 Union County R-40 Data Source & Disclaimer Data provided by Union County GIS and Town of Waxhaw GIS. The Town of Waxhaw does not guarantee the accuracy of the information displayed. Map created January CU-C3 S Providence Rd CU-RM1 Gray Byrum Rd Proposed Zoning C-3 Proposed Zoning RM-1 CU-R4 R-40 Collaroy Rd Ü KKKKKKKKKKKK KKKKKKKKKKKKK KKKKKKKKKKKKK KKKKKKKKKKKKK KKKKKKKKKKKKK Feet