COUNTY OF LINCOLN, NORTH CAROLINA

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1 COUNTY OF LINCOLN, NORTH CAROLINA 302 NORTH ACADEMY STREET, SUITE A, LINCOLNTON, NORTH CAROLINA PLANNING AND INSPECTIONS DEPARTMENT OFFICE FAX To: George Wood, county manager From: Randy Hawkins, zoning administrator Date: May 19, 2009 Re: CZ # ITAC 129 LLC, applicant Parcel ID# The following information is for use by the Lincoln County Board of Commissioners and the Planning Board at their joint meeting/public hearing on June 1, Request The applicant is requesting the rezoning of 27 acres from CU B-G (Conditional Use General Business) to CZ B-G (Conditional Zoning General Business) to permit a shopping center with 87,200 square feet of floor area, including a 53,000-square-foot anchor store, and four outparcels. If this request is approved, the development of this property would be governed by the B-G district s regulations, the approved site plan, the Design Development Guidelines submitted as part of the rezoning application, and any additional rules and conditions that may be imposed. This property was rezoned and a conditional use permit was issued in March 2001 to allow the development of a shopping center, but that project wasn t carried out and the permit expired. Site Area & Description This property is located at the northeast corner of Hwy. 16 and Webbs Road in Catawba Springs Township. It is adjoined by property zoned R-SF (Residential Single-Family) and B-N (Neighborhood Business). Land uses in this area are a mixture of residential and business. County water and sewer are available at this location. The Lincoln County Land Use Plan classifies this property as part of the N.C. 16 Corridor and calls for a redevelopment plan that promotes the further mixing of land uses while addressing issues such as architectural appearance, landscaping, signage and access management. The steering committee for the Hwy. 16 Corridor Vision Plan is recommending that the Hwy. 16/Webbs Road intersection be designated as a Neighborhood Center, an area suitable for smaller-scale commercial development such as this proposed center.

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3 Lincoln County, NC Office of the Tax Administrator, GIS Mapping Division Lincoln County and its mapping contractors assume no legal responsibility for the information contained on this map. This map is not to be used for land conveyance. The map is based on NC State Plane Coordinate System 1983 NAD. Date: 5/19/2009 Scale: 1 Inch = 400 Feet PHOTOS PARCEL INFORMATION FOR Parcel ID Owner ITAC 129 LLC Map Mailing 6805 MORRISON BLVD SUITE 380 Account Address CHARLOTTE NC Deed Recorded 7/6/2005 Sale Price $3,000,000 Land Value $2,159,334 Total Value $2,159,334 Previous Parcel All values are for tax year Description HWY16&WEBBS SEE PAR#60145 Deed Acres Address N NC 16 HWY Tax Acres Township CATAWBA SPRINGS Tax/Fire District DENVER / EL SEWER Improvement No Improvements Parcel ID Owner ITAC 129 LLC Map Mailing 6805 MORRISON BLVD SUITE 380 Account Address CHARLOTTE NC Deed Recorded 7/6/2005 Sale Price $3,000,000 Land Value $1,025,484 Total Value $1,025,484 Previous Parcel All values are for tax year Description HWY16&WEBBS SEE PAR#02329 Deed Acres Address N NC 16 HWY Tax Acres 8.37 Township CATAWBA SPRINGS Tax/Fire District DENVER Improvement No Improvements Zoning Calculated Voting Precinct Calculated Acres District Acres DENVER (DN29) B-G CU WESTPORT (WP32) 1.13 Watershed Class WS-IVC East Lincoln Sewer District Not in the sewer district Census County Tract Block Flood Zone Description Panel X NO FLOOD HAZARD X NO FLOOD HAZARD

4 COUNTY OF LINCOLN, NORTH CAROLINA 302 NORTH ACADEMY STREET, SUITE A, LINCOLNTON, NORTH CAROLINA PLANNING AND INSPECTIONS DEPARTMENT OFFICE FAX Zoning Amendment Statement of Consistency and Reasonableness Adopted by the Lincoln County Planning Board on Case No. CZ # Applicants ITAC 129, LLC Parcel ID# Location northeast corner of Hwy. 16 and Webbs Road Proposed amendment Rezone from CU B-G to CZ B-G to permit shopping center This proposed amendment is consistent inconsistent with the Lincoln County Comprehensive Land Use Plan and other adopted plans in that: This proposed amendment is reasonable and in the public interest not reasonable and not in the public interest in that:

5 Community Involvement Meeting report CZ # ITAC 129 LLC, applicant A community involvement meeting on this rezoning request was held on May 11, 2009, at Webbs Chapel United Methodist Church fellowship. About 60 people turned out for the meeting. Walter Fields, a consultant with Kimley-Horn and Associates; Ted Argus, a partner in Argus Properties; and Chip Cannon, a consultant with Urban Design Partners, explained the proposal and answered questions from the audience: Citizens offered the following comments: - The proposed center doesn t seem to fit the neighborhood. It s going to start looking like Lowe s (the shopping center on Hwy. 73), not unified. - Another concern is traffic flow on Webbs Road. - There s no plan for future growth in the area and an increase in traffic. - Traffic is deadlocked in the morning. A larger number of new homes are planned in the area. - Sidewalks should be provided for pedestrians. - Buildings should be placed to the front, with parking in the rear, to create a town feel. - The landscaping is going to be great. - Buildings should be placed in the center of the outparcels, with parking on both sides. - Byers Creek shopping center in Mooresville is a beautiful center. Argus Properties did a great job there. - Will the center have connectivity to adjacent properties? - Will more sheriff s deputies be needed to handle crime reports and wrecks?

6 Lincoln Lincoln County Building & Land Development Zoning Application Background and Staff Comments Application # CZ # IDENTIFYING DATA Parcel ID: Location of property: northeast corner of Hwy. 16 and Webbs Road Name of current property owner: ITAC 129, LLC Address of current property owner: 6804 Morrison Blvd., Suite 380, Charlotte, NC Date of application: April 16, 2009 ZONING INFORMATION Current zoning: CU B-G (Conditional Use General Business) Current use: undeveloped Property size: 27 acres Proposed zoning: CZ B-G (Conditional Zoning General Business) Proposed use: shopping center with outparcels Description of request: conditional rezoning Comments: This property was rezoned and a conditional use permit was issued in March 2001 to allow the development of a shopping center, but that project wasn t carried out and the permit expired. LAND USE PLAN CONFORMANCE Land Use Plan classification: N.C. 16 Corridor, an area proposed for a redevelopment plan that promotes the further mixing of land uses. Comments: The steering committee for the Hwy. 16 Corridor Vision Plan is recommending that the Hwy. 16/Webbs Road intersection be designated as a Neighborhood Center, an area suitable for smaller-scale commercial development such as this proposed center. 1

7 ENVIRONMENTAL Soil type(s): CeB2: Cecil Sandy Clay Loam (eroded) acres 68% of site PaD: Pacolet Sandy Loam acres <1% of site PeC2: Pacolet sandy Clay Loam acres 31% of site Soil slopes: CeB2: 2%-8% PaD: 15%-25% PeC2: 8%-15% Permeability: CeB2: Moderate PaD: Moderate PeC2: Moderate Hazard of erosion: CeB2: Severe, in bare unprotected areas PaD: Severe, in bare unprotected areas PeC2: Severe, in bare unprotected areas Building site: CeB2: Well Suited PaD: Poor PeC2: Moderate Sanitary facilities: CeB2: Moderate PaD: Poor PeC2: Moderate Water supply watershed classification: WS IV-C How much impervious ground coverage allowed: up to 50 percent with engineered stormwater controls and the issuance of a watershed conditional use permit 2

8 Hydrologic Conditions Flood panel number: J J Zone: X (areas outside of the 500 year flood hazard area) Is any portion of the property located in a floodplain or floodway: no Has the Floodplain Administrator reviewed the application and site plan: yes Are there any wetlands: no TRANSPORTATION The proposed zoning request is located on or near State Road(s): Hwy. 16 Webbs Road (SR 1379) Is a Traffic Impact Analysis required for this request: yes Has a Traffic Impact Analysis been completed: yes What is the traffic count during the peak hours: See figures 5a, 5b, 6a, 6b, 7a, 7b, 8a, 8b of Traffic Impact Analysis The approximate distance to the nearest intersection(s): Hwy. 16 & Webbs Road: at intersection Burton Lane & Webbs Road: 1.67 miles Hwy. 16 & Wallace Court/Fairfield Forest Road: 1.5 miles 3

9 The Level of Service (LOS) at the intersection(s): AM Peak Level of Service PM Peak Intersection Delay (sec/veh) Capacity (v/c) Delay (sec/veh) Capacity (v/c) 2008 Existing Conditions 1. NC 16 & Webbs Road B Burton Lane & Webbs Road/Silver Jade Lane /580 B / NC 16 & Wallace Court/Fairfield Forest Road B A 2010 No Build 1. NC 16 & Webbs Road B Burton Lane & Webbs Road/Silver Jade Lane /464 C /678 C 3. NC 16 & Wallace Court/Fairfield Forest Road B Phase I Build (Outparcels) 1. NC 16 & Webbs Road B Burton Lane & Webbs Road/Silver Jade Lane C /671 C 3. NC 16 & Wallace Court/Fairfield Forest Road B NC 16 & Access "A" (full movement) D a. NC 16 & Access "A" 1, D Webbs Road & Access "D" (full movement) C C 2015 No Build 1. NC 16 & Webbs Road B Burton Lane & Webbs Road/Silver Jade Lane C C 3. NC 16 & Wallace Court/Fairfield Forest Road B Phase II Build (Full Buildout) 1. NC 16 & Webbs Road C C 2. Burton Lane & Webbs Road/Silver Jade Lane D C Le o Serv 4

10 3. NC 16 & Wallace Court/Fairfield Forest Road B NC 16 & Access "A" (full movement) F a. NC 16 & Access "A" 1, F Webbs Road & Access "D" (full movement) D C 1 Flow rate/capacity and LOS correspond to the most critical movement of the unsignalized intersection 2 Construct a new southbound left turn lane with 150 of storage. What improvements does the Traffic Impact Analysis require of the developer: NC 16 and Access A Phase I Build: Construct a full movement site access with one ingress and two egress lanes (a dedicated left turn lane and a dedicated right turn lane with 100 feet of storage) Phase I Build: Construct a left turn lane on the southbound approach of NC 16 with 150 feet of storage and 100 foot bay taper. NC 16 and Access B Phase 1 Build: Construct a right-in/right-out site access with one ingress lane and one egress lane. Phase I Build: Construct a raised median on NC 16 which extends 50 beyond the end of radius in both directions Phase II Buildout: Construct a right turn lane on the northbound approach of NC 16 with 100 feet of storage and a 100 foot bay taper. Webbs Road and Access C Phase I Build: Construct a right-in/right-out site access with one ingress lane and one egress. The site access will form the fourth (southbound) leg of the existing intersection with Webbs Road and Water Haven Drive. Phase I Build: Construct a raised median on Webbs Road which extends 50 beyond the end of radius in both directions. The addition of the raised median converts the existing northbound approach of Water Haven Drive to a right-in/right-out intersection. Webbs Road and Access D Phase I Build: Construct a full movement site access with one ingress and two egress lanes (a dedicated left turn lane with 100 feet of 5

11 storage and a dedicated right turn lane) What improvements does the TIA require of others : none Will any intersection (LOS) be negatively impacted by the proposed development: No existing intersections are impacted by site traffic to a point below the threshold set by the 2007 Lincoln County Transportation Policy. Has NCDOT reviewed the traffic study and site plan: yes What were NCDOT s comments: NCDOT will require the left-turn lane on the southbound approach of NC 16 at Access A to have 175 feet of storage (rather than 150 feet as recommended in the TIA) and will require the existing right-turn lane on the northbound approach of NC 16 at Webbs Road to be lengthened to 200 feet of storage (currently 125 feet). ADDITIONAL INFORMATION What are the adjoining land uses and zoning (N, E, S & W): north: partly undeveloped and partly residences, zoned residential; east: undeveloped, zoned residential; south (opposite side of Webbs Road): residences, zoned residential and business; west (opposite side of Hwy. 16): residences, zoned business. List of potential uses under existing zoning: single-family homes List of potential uses under proposed zoning: retail sales (including restaurants) and offices What is the stated reason for requesting the rezoning: to permit the development of a shopping center Signage Maximum number, size and type of signs allowed per the current Zoning Ordinance: two freestanding signs for shopping center, plus one freestanding signs for each outparcel, each up to 110 square feet in sign area 6

12 Number, size and type of signs proposed: Two monument signs for the shopping center (one on Hwy. 16 and one on Webbs Road) not to exceed 8 feet in height and smaller monument signs for the outparcels not to exceed 6 feet in height. Landscaping and Screening The Zoning Ordinance requires what grade of screening: Class C screening abutting residential district Has the developer submitted a landscape rendering: yes Staff s recommendation and comments: Staff recommends approval of the rezoning request with conditions. This property adjoins property that is zoned business and is located at a signalized intersection on a major highway. The steering committee for the Hwy. 16 Corridor Vision Plan is recommending that this intersection be designated as a Neighborhood Center. This is a conditional rezoning request. The plans for the project, with appropriate conditions, will adequately address the goals and objectives of the Land Use Plan. Staff recommends the following conditions: 1) That connectivity be permitted between this property and the adjacent property to the north on Hwy. 16 if that property is developed for a nonresidential, multi-family or mixed-use project. 2) That the improvements outlined in the draft Traffic Impact Analysis dated January 2009 be provided and, additionally, that the southbound left-turn lane on Hwy. 16 at Access A have 175 feet of storage plus appropriate tapers and that the northbound right-turn lane on Hwy. 16 at Webbs Road be lengthened to 200 feet of storage plus appropriate taper. 7

13 3) That an eastbound left-turn lane on Webbs Road with 50 feet of storage and appropriate taper be provided. 4) That bikeways and pedestrian facilities be provided along the entire length of this property on both Webbs Road and Hwy. 16. Justification for Recommended Condition 4 Objective 2.3 of the Land Use Plan calls for requiring implementation of pedestrian facilities, and bikeways, as referenced in the Lincoln County Comprehensive Transportation Plan as part of new development. Webbs Road is one of the roads targeted by the CTP for bicycle and pedestrian facilities. Strategy of the Land Use Plan calls for creating a comprehensive bicycle path network in the county by requiring improvements to include bicycle lanes along those roads as development occurs. The Land Use Plan references and includes a map of the the Lake Norman Bike Route, which has been adopted by the Lake Norman Rural Planning Organization, a regional transportation group. Lincoln County is a member of the RPO. Webbs Road and the stretch of Hwy. 16 that includes this property are part of the Lake Norman Bike Route. The commentary for Strategy of the Land Use Plan states that requiring sidewalks will go a long ways toward giving existing Hwy. 16 a much-improved pedestrian-friendly environment. 8

14 Scale: 1 Inch = 800 Feet LINCOLN COUNTY GIS Wed May 13 14:26:21 EDT 2009 Lincoln County and its mapping contractors assume no legal responsibility for the information contained on this map. This map is not to be used for land conveyance. The map is based on NC State Plane Coordinate System 1983 NAD. Lincoln County, NC Office of the Tax Administrator, GIS Division

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