Present: Mayor Pro Tem Erin Kirkpatrick, Commissioners Joyce Blythe, Sean Poccia and Michael Stewart.

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1 April 9 th, 2013 Museum of the Waxhaws 6:30 p.m. Moved to: Waxhaw Woman s Club 6:40 p.m. Public Hearings/Regular Meeting Agenda The Mayor and Town Board of Commissioners met in the regular meeting location outside the auditorium of the Museum of the Waxhaws on April 9 th, 2013 in public hearings and regular meeting and recessed to the Waxhaw Woman s Club to continue the meeting. Present: Mayor Pro Tem Erin Kirkpatrick, Commissioners Joyce Blythe, Sean Poccia and Michael Stewart. Absent: Mayor Daune Gardner and Commissioner Brett Diller. Commissioner Diller was waiting for the Board to resume the meeting at the Waxhaw Women s Club. Town Staff: Town Manager Michael McLaurin, Town Attorney Chaplin Spencer and Town Clerk Bonnie McManus Regular Meeting Museum Mayor Pro Tem Kirkpatrick requested a motion to allow her to conduct the meeting due to the absence of the Mayor. Board Action: Motion by Commissioner Blythe and seconded by Commissioner Poccia to grant permission for Mayor Pro Tem Kirkpatrick to conduct the meeting. Motion carried unanimously. Mayor Pro Tem Kirkpatrick opened the meeting and stated due to emergency an issue (massive water leak at the building under a concrete slab) at the meeting location the Museum of the Waxhaws that she would entertain a motion to recess the meeting including public hearings and to reconvene the meeting at the Waxhaw Woman s Club at which time she would reopen the meeting. Board Action Motion by Commissioner Blythe and seconded by Commissioner Stewart to recess the meeting including public hearings to the Waxhaw Woman s Club on S. Main Street to be reopened upon arrival at approximately 6:40 p.m. on April 9, Motion carried unanimously. Regular Meeting- Continued Waxhaw Woman s Club Mayor Pro Tem Kirkpatrick reconvened the meeting at the Waxhaw Woman s Club and requested everyone to please stand for a moment of silence. Adoption of Agenda: (Adopt the agenda with amendments, additions and/or deletions) Mayor Pro Tem Kirkpatrick asked for any additions, deletions or amendments to the agenda. 1

2 Additions: Manager s Report Waxhaw Sign on Bill HB150 Exempt Waxhaw Request April 23 rd Resolution- By Pass- Monroe Conference Call when agenda is ready for discussion Deletions: New Business Town Hall and Police Department Construction Manager at Risk RFQ : (Report and possible action on approval of a Risk Manager Construction Firm as recommended by review committee of proposals received for RFQ) Mayor s Office Off Site: (Request by Mayor Gardner for office space in newly acquired town office building downtown Amendments: None Board Action: Motion by Commissioner Blythe and seconded by Commissioner Poccia to adopt the agenda with the deletions and additions stated. Motion carried unanimously. Public Hearings: Mayor Pro Tem Kirkpatrick stated at this time she would open the public hearing session of the meeting. CU :( A request by Standard Pacific Homes, on behalf of property owners Providence Road 46 LLC, The Ryland Group, Inc. and David L Francis Family Ltd. Partnership for a conditional use permit on approximately acres (Tax Parcel ID numbers , A and a portion of A) located off of Hwy. 16 / Providence Road South for a 113 lot single-family residential subdivision. ) Mayor Pro Tem Kirkpatrick stated the first item under the public hearing is for CU :( A request by Standard Pacific Homes, on behalf of property owners Providence Road 46 LLC, The Ryland Group, Inc. and David L Francis Family Ltd. Partnership for a conditional use permit on approximately acres (Tax Parcel ID numbers , A and a portion of A) located off of Hwy. 16 / Providence Road South for a 113 lot single-family residential subdivision.) Mayor Gardner stated this is a Conditional Use Permit and all parties must be sworn in by the Town Clerk. Mayor Gardner requested a motion to open the public hearing 2

3 Board Action: Motion by Commissioner Blythe and seconded by Commissioner Poccia to open the public hearing for CU :( A request by Standard Pacific Homes, on behalf of property owners Providence Road 46 LLC, The Ryland Group, Inc. and David L Francis Family Ltd. Partnership for a conditional use permit on approximately acres (Tax Parcel ID numbers , A and a portion of A) located off of Hwy. 16 / Providence Road South for a 113 lot single-family residential subdivision). Motion carried unanimously. Town Clerk requested all parties come forward to be sworn in before testimony was presented. Attorney Spencer Attorney Spencer stated this is a quasi judicial case for a conditional use permit which required testimony and a decision based upon the evidence at the hearing. He stated he would asked each board member if they have any ex parte communications to disclosure and if they can be fair and impartial and base their decision based on the evidence presented at the hearing. Each Commissioner indicated that there were no ex parte communications and they could be fair and impartial and based the decision on the evidence presented at the hearing. All witnesses were sworn-in by the Town Clerk. Staff Report- Zoning Administrator Oakley Administrator Oakley stated all legal notice was duly noticed as required by NC General Statues. Report Conditional Use Permit CU Inverness on Providence EXPLANATION OF THE REQUEST Petition CU is a request by Standard Pacific Homes, on behalf of property owners Providence Road 46 LLC, The Ryland Group, Inc. and David L Francis Family Ltd. Partnership for a conditional use permit on approximately acres (Tax Parcel ID numbers , A and a portion of A) located off of Hwy. 16 / Providence Road South for a 113 lot single-family residential subdivision. LOCATION & CURRENT LAND USE Currently, the subject property contains an old paved driveway, open fields and woodlands. Condition and land use of the surrounding properties. The adjoining properties are: To the north Several single-family dwellings and common open space in the Providence Grove Subdivision zoned CU-R3-PRD (Conditional Use Single Family Residential Planned Residential Development) and a large wooded parcel in Union County s jurisdiction zoned R-40 (Single-Family Residential). To the east A large wooded parcel in Union County s jurisdiction zoned R-40 (Single-Family Residential). To the south A large wooded parcel in Union County s jurisdiction zoned R-40 (Single-Family Residential), two single-family dwellings zoned R-1(Single-Family Residential), an engine repair 3

4 business zoned R-1 (Single-Family Residential), an open field, woodlands and a telecommunications tower zoned CU-C3 (Conditional Use General Commercial) and CU-RM1 (Conditional Use Multi- Family Residential). To the west Several single family dwellings in the Providence Grove Subdivision zoned CU-R3- PRD (Conditional Use Single Family Residential Planned Residential Development) and vacant land zoned CU-C3 (Conditional Use General Commercial). PROJECT HISTORY / INFORMATION On November 10, 2003, a conditional use permit for the Providence Grove Subdivision was approved by the Waxhaw Board of Commissioners. The approval was for 145 lots on acres for a proposed density of 1.92 units per acre. The Providence Grove Subdivision was constructed and is currently built-out. On February 10, 2004, a conditional use permit for an expansion of the Providence Grove Subdivision was approved by the Waxhaw Board of Commissioners. The approval was for 133 lots on acres for a proposed density of 2.26 units per acre. The approval only included Parcels # and A and the proposed subdivision did not have direct access to Hwy. 16/Providence Road South. Access to the subdivision was through Merryvale Way in the Providence Grove Subdivision. The developer never constructed the expansion to Providence Grove and the conditional use permit expired in On December 7, 2012, Standard Pacific Homes submitted a conditional use permit application and preliminary subdivision plans for Parcels , A and a portion of A for a single-family residential subdivision. The proposed subdivision includes the two parcels that previously received conditional use permit approval in Feb and subsequently expired. The proposed subdivision includes 113 lots on acres for a proposed density of 1.96 units per acre. LAND USE / SITE PLAN ISSUES 1. The proposed subdivision contains acres and 113 lots. The maximum number of lots allowed under the Planned Residential Development section of the Unified Development Ordinance is 122 lots. The proposed subdivision complies with lot requirements and setbacks contained in Section A of the UDO. 2. The site plan depicts public streets throughout the subdivision, along with sidewalks, street trees, pedestrian trails and an amenity site. 3. Section A of the UDO requires a minimum of 20% of the site be set aside for common open space and the applicant is proposing 29.99% of common open space. The plans state that all common open space shall be recorded and deeded to the Homeowner s Associate for Inverness on Providence. 4. The site plan depicts two proposed phases with a projected completion date of The subdivision site contains a small portion of land contained with the FEMA regulated floodplain on the eastern boundary. The plans state that no development of impervious cover shall be permitted in the regulated floodplain. 6. There is an existing 24 water main along Hwy. 16/Providence Road South and at the end of Merryvale Way in the Providence Grove Subdivision. There is an existing sanitary sewer system line to the east of the site that enters the site to the east of Barclay Drive. The applicant has met with 4

5 Union County Public Works regarding expanding the existing water and sewer infrastructure to serve this subdivision. 7. The NC Department of Transportation (NCDOT) has indicated that a Traffic Improvement Analysis would not be required for this subdivision. The applicant will be required to work with NCDOT to determine what improvements, if any, are needed for access to the subdivision. The plans depict a right turn lane and a left turn lane into the site subject to approval by NCDOT. 8. All new streets will have either a 50 Right-of-Way or 40 Right-of-Way (R/W). During the Technical Review Committee (TRC) meeting (see attached TRC meeting minutes), the local Fire Department requested the applicant to limit on-street parking on the streets with a 40 R/W in order to better accommodate emergency vehicles. The applicant has included a note on the plans that proposed streets with a 40 R/W shall only allow on-street parking on one side of the street. 9. There are two adjoining properties to the south that have an existing driveway adjacent to the southeastern boundary of this site. The applicant has indicated a willingness to allow those property owner s driveways to connect into the new proposed public road (Somerled Rd.). If the two adjoining property owner s driveway connects into Somerled Rd., there will be no new driveway access points along Hwy. 16 / Providence Road South. TREE PRESERVATION 1. The applicant submitted a tree survey in compliance with Section of the Unified Development Ordinance. 2. The applicant is proposing a 30 tree preservation / vegetative buffer in compliance with Section and Section A. 3. The plan exceeds the 20% internal tree save area required in Section A. The internal tree protection areas shall contain no less than 1 tree per 2,500 square feet of tree protection area. Where existing trees are insufficient to meet those standards, the applicant will plant new trees with a minimum 2 caliper at planting. ARCHITECTURAL GUIDELINES 1. All new homes constructed in Inverness on Providence will be required to comply with Section 20 Architectural Standards as well as any conditions listed on Sheet C5.0 of the submitted site plans. 2. The homes will have an estimated heated square footage range from 2,300 square feet to 3,600 square feet. The homes will contain the following exterior finishes: brick, stone and hardi-plank. The applicant has indicated that vinyl siding will not be used in the subdivision. 3. The applicant submitted conceptual architectural elevations in compliance with Section of the UDO WAXHAW FUTURE LAND USE PLAN The Future Land Use Map contained in the 2030 Comprehensive Plan identifies the majority of the subject site as Low-Density Residential. The Comprehensive Plan states: These areas provide opportunities for more suburban style, lower density traditional neighborhood living. They include detached single-family residential uses which range in density from 0.5 dwelling units per acre to 3 dwelling units per acre. Other types of uses that may occur are schools and parks. The applicant is proposing a density rate of 1.96 dwelling units per acre in keeping with the Comprehensive Plan. 5

6 A small portion of the site adjacent to the Hwy. 16 / Providence Road South is identified as Commercial/Retail. The only area of the site contained within that area is the new road entering the subdivision. The Providence Road Corridor overlay covers a small portion of the site adjacent to Hwy. 16 / Providence Road South. The Comprehensive Plan does not have specific guidelines for the Providence Road Corridor overlay, only stating that small area plan should be initiated for that area. The Waxhaw Board of Commissioners has contracted with Lawrence Group to start on the Providence Road Corridor overlay in the next few months. PLANNING STAFF RECOMMENDATION The proposed site plan complies with the Unified Development Ordinance requirements and is in keeping with the 2030 Comprehensive Plan. Planning staff recommends approval of the Conditional Use Permit CU , along with all of the notes listed on the conditional use permit plans for Inverness on Providence, dated December 7, PLANNING BOARD RECOMMENDATION At the Planning Board meeting on March 18, 2013, the Board voted unanimously (7-0) to recommend approval of petition CU **If the request is approved, the Planning staff would recommend that the applicant continue to work with all appropriate agencies to ensure that the plan complies with all regulations.** In approving an application for a conditional use permit, the Board of Commissioners may attach fair and reasonable conditions to the approval. The petitioner will have a reasonable opportunity to consider and respond to any additional requirements prior to approval or denial by the Board of Commissioners. The Board of Commissioners shall issue a conditional use permit if it has evaluated an application and determined that: That the use requested is among those listed as an eligible Conditional Use in the District in which the subject property is located or is to be located. That the Conditional Use will not materially endanger the public health or safety if located where proposed and developed according to the plan as proposed. That the Conditional Use meets all required conditions and specifications; and That the location and character of the Conditional Use if developed according to the plan as proposed will be in harmony with the area in which it is to be located and in general conformity with the plan of development of Waxhaw and its environs. 6

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8 Technical Review Committee (TRC) Meeting Inverness on Providence Conditional Use Permit Present: Lori Oakley, Underwood Whaley, Greg Mahar, Todd Matthews, Dale Stewart with Land Design, Mark Kime with Land Design, Bob Bennett with Standard Pacific, Rob Fitzgerald Fire Department, John Underwood with NCDOT via conference call and Amber Haywood Lori Oakley stated that the conditional use permit ( CUP ) application was submitted Friday of last week. The Providence Grove subdivision is located on Highway 16 and this will be an extension of that subdivision. There are a total of 112 lots being proposed. There was an original approved plan for another phase back in and that plan actually had more lots and a higher density. The builders never acted on that plan so the CUP expired. Oakley stated that staff has had several meetings with the engineers for this proposal. This is a small scale CUP with extensive tree save survey that was required. Dale Stewart gave an overview of the plan and talked about the tree save requirements. Todd Matthews asked what kinds of trees are being proposed and Stewart stated large maturing trees. Oakley stated there is a 5 6 planting strip on the streets with a 50 R/W. Matthews expressed concerns about the width of the planting strips with the large maturing trees being installed in them. Bob Bennett stated that any tree recommendation would be fine with the builder. Matthews stated 8

9 that willow oaks and pine oaks aren t good for planting strips. Bennett asked if maples are okay and Matthews stated yes, they are easier on sidewalks and streets. Stewart stated that looking at the ariel map they did do a tree survey. One of the things you can see is a lot of the sites are already cleared. With the new UDO requirement of a 30 wide tree save perimeter, they tried to capture the tree save areas where the woods/trees are existing. Bennett has had meetings with the neighboring HOA president about this project. They are going to try to respond to their questions about access for the construction traffic. They are also going to try to get another access to Hwy. 16 through the David Francis property. Bennett also stated that he is going to try and meet with the entire HOA board about the plans as well. They just need to be sure to work in conjunction and they want to be good neighbors. Their main concern so far has been the value of the proposed homes and how it will affect their value. Most of the lots are similar in size and some lots are larger. They anticipate the base price for the new homes will start around $280, and the square footage will be between 2,200-2,400 and 3,400-4,000. They have no intention of constructing a big vinyl box home. William Whaley asked what kind of exterior will they use on the homes and Bennett answered hardy plank, stone or brick. The location is great and the goal is to join the HOA and help build their revenue base and to create a larger community. The HOA is open to them joining in, but obviously has some concerns. They will hold an open HOA meeting to answer any questions and concerns. Stewart talked to John Underwood about the process to acquire property from the Francis family to obtain direct access to Hwy. 16. The R/W width is currently a 50 R/W to link out to Hwy. 16. The developer will either utilize the existing Providence Grove entrance or obtain the property from Mr. Francis and have a direct access point to Hwy. 16. Matthews questioned if 50 of R/W was adequate and Underwood stated that is what DOT requires. Underwood stated he had met with the developer and that they did look at both options and the direct access from Hwy. 16 is the preferred alternative. Mahar agreed with Underwood. Underwood stated that a left turn lane would be needed to serve that property, which will be an extension of the existing three lane road. A right turn lane for the North bound might also be needed. Stewart stated that the track adjacent to this site goes around the back of the property. The Francis tract has retail zoning along Hwy. 16 and multi-family zoning. Mahar asked about construction to the Norwood s driveway and Bennett stated that he had talked to them and they are very open to the idea of connecting their driveway to the new paved road. Mrs. Norwood s only concern was the buffering and Stewart stated they did try to create an extra buffer for that corner. Stewart wanted to point out that the access point they are talking about to Hwy. 16 is actually a fee simple piece of property, not an easement on Mr. Francis s property. Oakley asked Underwood if they are not able to obtain the Francis property and they do use the two existing entrances, has there been any discussion on constructing a North bound right turn lane. Underwood stated that he thinks that might be required. He stated that if they obtain the Francis property a simple traffic memorandum would be required with traffic counts. IF the developer did not obtain the Francis property, a TIA will be required. Stewart stated they would want to do that because that will some concerns with the homeowners. Stewart stated he wanted to meet with Underwood on the number of intersections. Underwood stated he is concerned with a right turn lane on Hwy. 16 with competing traffic from Park Providence. They need to look at counts there and the recommendations. 9

10 Stewart stated that one advantage is Mr. Francis owns property on both sides of the street and if they need a right turn lane then they might need some additional R/W from him. Underwood asked if anyone had verified the R/W on Hwy. 16 and Stewart stated it shows that it is owned to center line. Oakley asked about the distance from the possible entrance to the intersection of Gray Byrum. The developer of Millbridge/Cureton is going to make improvements to that intersection in the future and wanted to make sure the traffic flow on Hwy. 16 worked for everyone. Mahar stated that the distance is about 1400 feet and Underwood stated that any improvements on that intersection should be symmetrical. Stewart stated that he thinks it would be ok to put a right turn lane on their side. Stewart stated that if a full blown TIA is needed it needs to be done while school is in session. If a TIA is needed, they will probably conduct it the first week of January and provide everyone with the results. Oakley stated that she will need time to review the documents so they may have to push the case back to the February Planning Board meeting. Mahar asked Stewart if they were planning on filling any of the land and Stewart stated no they have a zero impact plan. Mahar then asked if they were planning to move the sewer pipes and Stewart stated yes. Whaley asked if they will have a connection to the existing Providence grove subdivision regardless of obtaining the Francis property and Stewart answered yes. Oakley stated that if she understood the plans correctly, Merryvale has an existing 50 R/W and then you would be tying into this intersection and going down to a 40 R/W. Stewart stated that is correct. Rob Fitzgerald with the Fire Department stated that his only concern is people parking on the street. The fire trucks cannot get through when people park on the streets if they are narrow. He then asked what the width of McPherson St. is in Cureton. Mahar stated that he thinks the width is 40 and Oakley confirmed the width after she pulled the plans for Cureton. Oakley stated we could limit the on-street parking to just one side. Matthews stated they should make it to where you cannot park on the streets. Oakley asked what the pavement width would be. Mahar answered from back of curb to back of curb is 24, so it would be 20 from edge of pavement to edge of pavement. Oakley stated we could ask for no parking on the street or parking only on one side. Bennett stated that if you restrict the parking to one side that would be more appropriate. There is an advantage that there are areas with lots only on one side of the street. Oakley asked what the width of a fire truck is and Fitzgerald stated 9. Bennett stated that the builders could put up signage for the parking. Mahar stated there would have to be a master sign plan to identify which side of the road allows for the on-street parking. Stewart stated that he could add a note that the petitioner will work with the Town to create a signage plan to restrict parking to one side of the 40 wide streets. Mahar stated that the parking signage plans would be submitted with the construction plans. Whaley asked if we require this under this CUP who will enforce this and Oakley stated the Planning Department would have to enforce it. Mahar then stated that if we take over the streets the Town police will eventually enforce it. Stewart discussed the possible access to Hwy. 16 through the Francis property. Almost all of the traffic would be turning right out of the development in the morning. They would have enough room for three lanes but he needs to know if three lanes would be required. Underwood stated that as far as two or three lanes coming out, he doesn t see the need for three lanes coming out of the 10

11 development. He thinks that three points of access and a new proposal of a two lane section will work. If you are forced to use the two existing entrances then you will probably have to install some additional improvements on Hwy. 16. Stewart stated that if the sidewalk were to continue out to Hwy. 16, they would probably have enough room from Mr. Francis for signage. Stewart then stated that UCPW has an 24 water line out at Hwy. 16 and an 8 line coming through Providence Grove. There are three connections to this, and the pressure off the 24 line will be good for the development. Fitzgerald asked who determines the hydrant locations. Stewart stated that UCPW looks at all water/sewer designs and hydrants. Stewart stated that the maximum distance between hydrants is usually 750 feet in either direction. Stewart stated they will also need to evaluate what the depth of the sewer drainage is for the project. Mahar asked if the storm water will discharge directly to floodplain per state. Stewart stated that some is dispersed on-site but the majority comes back to the floodplain. Another thought is the zero impact in terms of existing streams and tree save areas. We are going to have a zero impact wetland and start DWQ storm water requirements. The creek crossing will be zero impact to not trigger storm water management requirements. Whaley asked if there will be a requirement to install tree protection fencing and Oakley stated yes, per the UDO. Bennett stated that the lots will be individually cleared. Matthews asked about road construction is discussed and Mahar stated that they review that when the construction plans are submitted. 11

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18 Exhibits Submitted for Evidence : A. Application 18

19 B. Staff Report C. Zoning Map D. Future Land Use Plan E. TRC Meeting Minutes F. Site Plans G. Transportation Technical Memorandum Power Point Presented: Finding of Facts 1. That use requested is among those listed as an eligible Conditional Use in the District in which the subject property is located or is to be located. 2. That the Conditional Use will not materially endanger the public health or safety if located where proposed and developed according to the plan as proposed. 3. That the Conditional Use meets all required conditions and specifications. 4. That the location and character of the Conditional Use if developed according to the plan as proposed will be in harmony with the area in which it is to be located and in general conformity with the plan of development of Waxhaw and its environs. These were part of the Power Point presentation along with plans and home standard designs as part of Attorney Carmichael. CU A request by Standard Pacific Homes, on behalf of property owners Providence Road 46 LLC, The Ryland Group, Inc. and David L Francis Family Ltd. Partnership for a conditional use permit on approximately acres (Tax Parcel ID numbers , A and a portion of A) located off of Hwy. 16 / Providence Road South for a 113 lot singlefamily residential subdivision. Project History On November 10, 2003, a conditional use permit for the Providence Grove Subdivision was approved by the Waxhaw Board of Commissioners. The approval was for 145 lots on acres for a proposed density of 1.92 units per acre. The Providence Grove Subdivision was constructed and is currently built-out. On February 10, 2004, a conditional use permit for an expansion of the Providence Grove Subdivision was approved by the Waxhaw Board of Commissioners. The approval was for 133 lots on acres for a proposed density of 2.26 units per acre. The approval 19

20 included Parcels # and A and the proposed subdivision did not have direct access to Hwy. 16/Providence Road South. Access to the subdivision was through Merryvale Way in the Providence Grove Subdivision. The developer never constructed the expansion to Providence Grove and the conditional use permit expired in PLANNING STAFF RECOMMENDATION The proposed site plan complies with the Unified Development Ordinance requirements and is in keeping with the 2030 Comprehensive Plan. Planning staff recommends approval of the Conditional Use Permit CU , along with all of the notes listed on the conditional use permit plans for Inverness on Providence, dated December 7, PLANNING BOARD RECOMMENDATION Comments: At the Planning Board meeting on March 18, 2013, the Board voted unanimously (7-0) to recommend approval of petition CU Commissioner Diller: Commissioner Diller asked about number 7 which requires a turn-lane. Will this be done? NCDOT is not requiring a street analysis but the developer is offering a proposed Transportation Technical Memorandum. He questioned the requirement that certain number of lots requiring turn lanes, and that would be mandated by the State. Applicant has met with NCDOT on traffic issues for this proposed development. Mayor Pro Tem Kirkpatrick: Mayor Pro Tem Kirkpatrick mentioned the comments from the technical review committee minutes involving restricted parking on the forty foot right-of-way. Staff referred to the sheet that would address this issue. Parking on one side only on the 40 developer is in agreement by the developer. She questioned if there is overnight parking in some areas of Waxhaw currently being done. Staff is not aware of any at this time. Board could require limited parking when town accepts streets. Director Mahar: Director of Planning Mahar stated he is not aware of any town streets in Waxhaw currently restricting overnight parking. He mentioned that some roads in Cureton subdivision which have the 40 right-of-way issue which does create parking issues. John Carmichael: Attorney Carmichael stated he is representing Standard Pacific Homes. He has also speaking tonight a representative from LandDesign who would address any issues. He focused on the four finding of facts. He stated the proposed development meets all of these requirements. He focused on a previous conditional use permit which had expired and this is the reason for coming back. 20

21 Mr. Rhett Crocker:- LandDesign- Architect-Civil Engineering: Mr. Crocker stated he is working with Standard Pacific. He added a few things to the proposed design. The project will consist of 113 single detached lots. The lots will range from 75 feet wide, 10,000 square feet lots to larger lots. He mentioned the future amenity facility. He stated 17 acres will be open space for the HOA. The development will provide 9.9 acres of tree save. This development is exceeding the 20% of open space and trees save required by the Town of Waxhaw in the UDO. The setbacks are 20 front, rear 30 back and 15 side. The storm water flow has some natural drainage and would go toward the flood plan area. This is zero impact on storm water drainage and they are not impacting wetlands. He stated water and sewer is available for the project. This proposed plan does meet all the requirements and will manage the road construction issues. Mayor Pro Tem Kirkpatrick: Mayor Pro Tem Kirkpatrick wanted clarification on the zero plan. This would be zero fill in of the flood plan per Mr. Crocker. Mr. Randy Goddard: Mr. Goddard is a representative of Design Research Group- Traffic engineering. NCDOT did not require a traffic study, but he did do a traffic review. The study provided information for the technical memo. There will be a 150 foot turn lane north and 200 foot turn lane left south into the subdivision. This was based on trip generation, of 89 vehicles in the morning and 179 vehicle trips out at night on Providence Road. The turn lanes are adequate for the traffic flow. The speed is 45mph and their road project exceeds the requirement for deceleration. There would not be a safety hazard or safety issue if developed. Commissioner Diller: Commissioner Diller questioned the difference in the entrance into the subdivision. Mr. Goddard stated NCDOT requires 600 feet and their plan is for over 720 feet. NCDOT requires a study for 3000 daily trips and this project on projects traffic flow of 1100 daily trips. Mr. Goddard stated access points will be determined by NCDOT. Commissioner Diller asked how did the basis for the trips out determined to be 89. Mr. Goddard stated this came from standards provided by NCDOT traffic standards and not actual count. This is the projected standard by NCDOT for 113 lot development. These are national standards that he used. Mr. Bob Bennett: Mr. Bennett state is presented and is works for Standard Pacific in land acquisition. His company is a national home builder out of Calf. He provided some background information on his company the project be presented. Built in Charlotte and in Raleigh, NC. When the market changed due to economics, they did not want reduce their standards. Wanted a separate community and built with stone. Do not build with siding. Holding a charrette now for recommendations for design of homes in the proposed area. Up to 4,000 square foot homes. Looking at building homes in the 400 thousand dollar range. 21

22 There will be two phases. 45 homes in Phase 1 and 68 homes in Phase II. Schedule to have all plans and permits within twelve months. Phase I would be 2-2/12 years. Phase II would start in2016/2017 and full build out by Mr. Bennett stated that when meeting with the current homeowners his company did state to residents on Providence Road the developer would do certain things. They met with the Providence Grove HOA. They will strive to build a great home. He and his staff met two weeks ago with the Providence HOA again. He stated concerns were expressed about the connection while being construction is being done. His company agreed to provide a barricade to be installed and remain up until completion. The frontage on the northern part of Highway 16 will not be built as commercial. Commissioner Poccia; Commissioner Poccia wanted clarification that the connector road would not be allowed as a connector road and a barricade would be up until completion. He would like town staff to have a copy of letter sent the residents in the subdivision stating the barricade would be installed and remain until completion. He stated also a condition he would like to see in writing is no commercial development and connector road would be barricaded until acceptance by the town. He asked about the meeting with the HOA about two weeks ago. He asked about attendance and response by the residents. Mr. Goddard stated it was a good meeting. Commissioner Poccia stated he sees two issues is which is the commercial development not being done at Highway 16 and barricade. The residents did get this in writing and the applicant has agreed to provide a copy to staff. Mayor Pro Tem Kirkpatrick: Mayor Pro Tem Kirkpatrick stated currently a house bill in Raleigh that may affect architectural standards. Attorney John Carmichael stated the standards presented for house design would be part of the conditions. Staff Member Oakley clarified the street barricade. The developer is planning to not turn the streets over to the town until development is mostly completed. When 60% of the lots have been completed then the road in that area could be petitioned to the town for acceptance. Staff Oakley asked for a recap of conditions as some had changed that night. 1. The existing barricade will remain at the end of Merryvale Way until the streets are turned over to the Town of Waxhaw and no petition for street acceptance will be made until Phase 2 of the subdivision is substantially completed. 2. The northern portion of parcel A which is zoned CU-C3 and located in between the existing Providence Grove subdivision and the proposed entrance into the Inverness on Providence subdivision will not be developed for commercial purposes. 3. Section 20 in the UDO as it exists at the time of approval will govern this subdivision along with the additional architectural requirements listed on sheet C5.0 of the conditional use permit plans for Inverness on Providence. The architectural renderings on sheet C5.0 shall be base designs with additional designs meeting or exceeding the architectural features set forth therein approved by the Zoning Administrator. 22

23 4. All subdivision signs will be in compliance with the UDO at the time the signs are permitted. 5. New trees will be planted to supplement existing trees where existing trees are deemed insufficient by the Zoning Administrator in the 30 tree preservation /vegetative buffer around the perimeter of the subdivision. New trees must be approved by the Zoning Administrator prior to a certificate of occupancy being issued on structures with lots immediately adjacent to the buffer areas requiring supplemental planting. Mail Delivery A question was raised about mail delivery when cars are permitted to park on one side of the street. Commissioner Blythe Cars cannot park in front of mail boxes and mail boxes must be on the same side of the road. Commissioner Diller: Commissioner Diller asked for clarification of the stub and would this be a future connector. Staff Oakley defined the road stub at the end of the development involving future development. John Carmichael: Attorney Carmichael provided an overview of all the positives coming from the proposed development. He then took each finding of fact and provided positive points for approval. Thanked the board for their time. Greg Mahar: Director Mahar spoke on parking on one side of the street during construction by residents. He stated enforcement cannot be done on a private street by the Town. This cannot be done until town acceptance of streets. Director Mahar was asked could his department handle this. Attorney Spencer stated the HOA would be required to handle enforcement until acceptance of streets. Robert Bennett: Mr. Bennett stated his is company is the developer and they will manage the development including this issue of violations of parking on the street. His company is here and will remain here. The HOA will be handled correctly and enforcement of the covenants will be done. Ms. Helena Moore: Ms. Moore stated lives in the long house where the barricades will be. She is glad to hear that the barricades will be installed but wanted to know the percentage when the barricades come down. Mr. Bennett stated the barricade will remain in place up until Phase II is completed. She lives near the tree save. How would this affect her where the she lives? Mr. Bennett stated on the side of the property line they will preserve 30 feet tree buffer. She asked if additional trees will be planted and they will. Condition Tree wills be planted Bonnie Ruskino: Mr. Ruskino lives on Providence Road. The developer has agreed to build the berm. She asked who would maintain the access road to her house. Mr. Frances agreed to help maintain the road. She stated there are different stories about who owns the road. She uses the ingress to her property where the development is going. What will happen to her? The road that she uses is not part of the development and according to GIS mapping and it reflects to be on Mr. 23

24 Frances property per Staff Oakley. Ms. Ruskino stated the developer has been very gracious to her. Town Manager McLaurin will add this request for information on the issue of the road used by Ms. Ruskino for assistance. Craig Mode: Mr. Mode stated he lives across the road and he is concerned about the traffic and sewer issues. He heard the sewer line ends at Byrum Road. He wanted to know about a sewer connection. The sewer would come in from the back of the development not at the front per Mr. Bennett. He would need to contact Union County Public Works to discuss his request for connection. The construction traffic per developer would be constant during construction but would be using the turn lanes will be installed. John Carmichael : Attorney Carmichael thanked the board for allowing the presentation and summarized the request and the four finding of facts that this plan does meet and exceed these. Mayor Pro Tem Kirkpatrick: Mayor Pro Tem Kirkpatrick stated at this time that no additional comments are being presented so therefore she would entertain a motion to close the public hearing. She stated action would be taken on this Conditional Use Permit request on April 23 rd town meeting. Parking on one side only was the response to Commissioner Blythe s question. Board Action: Motion by Commissioner Blythe and seconded by Commissioner Poccia to close the public hearing for CU :( A request by Standard Pacific Homes, on behalf of property owners Providence Road 46 LLC, The Ryland Group, Inc. and David L Francis Family Ltd. Partnership for a conditional use permit on approximately acres (Tax Parcel ID numbers , A and a portion of A) located off of Hwy. 16 / Providence Road South for a 113 lot single-family residential subdivision.) Recess: 8:16 p.m. Reconvened: 8:33 p.m. TA : (A request by Rick Garner on behalf of Landeavor Managers, LLC to amend Section A.7 of the Town of Waxhaw Unified Development Ordinance to revise setback requirements for a PRD. In addition, staff is proposing revisions to Sections A, A.1, A.2 and A.3 to provide for uniform minimum size requirements, setbacks, and uses for Planned Residential Developments.) Mayor Pro Tem Kirkpatrick stated the next public hearing is for TA : A request by Rick Garner on behalf of Landeavor Managers, LLC to amend Section A.7 of the Town of Waxhaw Unified Development Ordinance to revise setback requirements for a PRD. In addition, staff is proposing revisions to Sections A, A.1, A.2 and A.3 to provide for uniform minimum size requirements, setbacks, and uses for Planned Residential Developments and request a motion to open the public hearing. She asked for the staff report upon opening the public hearing. 24

25 Board Action: Motion by Commissioner Blythe and seconded by Commissioner Diller to open the public hearing for TA : A request by Rick Garner on behalf of Landeavor Managers, LLC to amend Section A.7 of the Town of Waxhaw Unified Development Ordinance to revise setback requirements for a PRD. In addition, staff is proposing revisions to Sections A, A.1, A.2 and A.3 to provide for uniform minimum size requirements, setbacks, and uses for Planned Residential Developments. Motion carried unanimously Staff Report- Planner Rice Planner Rice stated all legal notice was duly noticed as required by NC General Statues and stated that the handout at each board seat tonight was the updated proposed text changes that came over that afternoon from Attorney Spencer. Exhibit: Staff Report Staff Report Text Amendment TA Revisions to Section Planned Residential Developments EXPLANATION OF THE REQUEST Petition TA is a request by Rick Garner on behalf of Landeavor Managers, LLC to amend Section A.7 of the Waxhaw Unified Development Ordinance to revise the requirements for a Planned Residential Development. In addition, staff is proposing revisions to Sections A, 11.3.A.1, A.2 and A.3. APPLICANT AND STAFF REQUESTED UDO CHANGES Section A.7 Planned Residential Developments The applicant is requesting a revision to this section to allow for the ability to revise the minimum front yard, rear yard and side yard setbacks in a Planned Residential Development subject to approval by the Town Board on a case by case basis. Sections A, 11.3.A.1, A.2 and A.3 Planned Residential Developments Staff is proposing to revise the above sections to provide for uniform minimum size requirements, setbacks and uses for Planned Residential Developments. PLANNING STAFF ANALYSIS The applicant and staff are proposing to revise requirements for Planned Residential Developments. The proposed revisions will still maintain the objectives of a Planned Residential Development while allowing for flexibility of design. The applicant is proposing to revise the requirements for Planned Residential Developments to allow the required front yard, side yard and rear yard setbacks to be modified on a case by case basis. The applicant s proposed language is attached. Staff is proposing to revise the requirements for Planned Residential Developments to provide for uniformity in the required minimum size of a proposed development in R-3, R-4 and RM-1 districts 25

26 and to allow townhomes as an allowed use in Planned Residential Developments zoned R3 and R4. The size of a Planned Residential Development does not need to vary. The differences in each are governed by the type of uses allowed and the corresponding zoning regulations. Further, the ability to develop differing compatible uses within a Planned Residential Development provides residential housing stock that will meet the needs of different buyers. Although staff has included townhomes as a use in Planned Residential Developments zoned R3 and R4 the language that defines where the townhomes are constructed within the overall development has been kept. In addition, staff has included setback requirements for townhomes that are similar to other townhome projects in the Town and in surrounding communities. These revisions will provide flexibility for both the Town and the applicant when going through the process of approval for a Planned Residential Development. The revisions will also ensure the type and quality of development provided will meet the needs of the Town. PLANNING STAFF RECOMMENDATION Planning Staff recommends approval of TA to include the applicant s proposed text along with staff s revised text and additional language. Staff feels that these amendments will encourage the development of well-designed residential neighborhoods that will provide housing types and amenities for all types of residents that wish to locate in the Town of Waxhaw. PLANNING BOARD RECOMMENDATION At the March 18, 2012 meeting of the Waxhaw Planning Board, the members voted unanimously (7-0) to provide a favorable recommendation for TA Proposed Changes as presented in draft. Applicant s Proposed Text Staff s proposed Text A. Planned Residential Developments Planned residential developments (P.R.Ds) are permissible only within the R 3, R 4, and RM 1 zoning districts. The purpose of this district is to allow flexible development with a planned neighborhood character. The developer shall meet with THE the Town staff at least thirty (30) days prior to submittal to review the proposed project and determine the appropriate design approach to meet the intent of this ordinance. The tract containing the P.R.D. shall be a minimum of fifty (50) acres in area. Housing unit types within a P.R.D. shall be limited to detached single family dwellings and townhomes only. No singlefamily detached lot in a R 3 P.R.D. shall have an area of less than ten thousand (10,000) square feet. The townhouse portion of a P.R.D. shall be developed more toward the interior rather than the periphery of the tract so that the single family detached residences border adjacent properties, unless the adjoining property is non residentially zoned. 2. R 4: The maximum density of a P.R.D. in an R 4 district shall be no greater than that which would be realized had the tract been developed as a conventional R 4 subdivision in accordance with all other applicable regulations contained in this Ordinance. Furthermore, the actual density yield shall be based on the amount of developable land within the tract. Lands that cannot be developed due 26

27 to physical limitations or have other physical constraints (i.e. ponds, lakes, other bodies of water, HUD designated floodways, wetlands, areas with steep slopes) shall not be included in determining the density yield of the tract in question. For instance, if there were 100 acres tract that was to be developed for a P.R.D. and the tract contained a 20 acre lake, only eighty (80) acres of land would be considered as being developable and used in calculating maximum density. It will be the responsibility of the applicant to provide density yield data for the proposed P.R.D. in order for the Town to consider an application for a P.R.D. The tract containing the P.R.D. shall be a minimum of one hundred (100) fifty (50) acres in area. Housing unit types within a P.R.D. shall be limited to detached single family dwellings and townhomes only. No single family detached lot in a R 4 P.R.D. shall have an area of less than six thousand (6,000) square feet. The townhouse portion of a P.R.D. shall be developed more toward the interior rather than the periphery of the tract so that the single family detached residences border adjacent properties, unless the adjoining property is non residentially zoned. 3. RM 1: The tract containing a P.R.D. shall have a minimum area of one hundred (100) fifty (50) acres. The maximum density of a P.R.D. shall be 4.5 units per acre. The density yield (i.e., the maximum number of units allowed on the tract) shall be based on the amount of developable land within the tract. Lands that cannot be developed due to physical limitations or have other physical constraints (i.e., ponds, lakes, other bodies of water, HUD designated floodways, wetlands, areas with steep slopes) shall not be included in determining the yield of the tract in question. For instance, if there were a 100 acre tract that was to be developed for a P.R.D. and tract contained a 20 acre lake, only eighty (80) acres of land would be considered as being developable and used in calculating maximum density. It will be the responsibility of the applicant to provide density yield data for the proposed P.R.D. in order for the Town to consider an application for a P.R.D. As part of the P.R.D. the developer shall propose to the Town standards and designs that shall become part of the Conditional Use (CU) Permit and/or\conditional Zoning application. These standards and designs shall address architectural standards, streetscape, and landscaping and common area treatments. The standards and requirements shall incorporate the following as a minimum. 1. Curb and gutter on all interior streets shall be provided. 2. Each single family dwelling unit must comply with the parking regulations in Section 12 of the Unified Development Ordinance. hall have a minimum parking pad width of sixteen (16) feet to accommodate two automobiles parked side by side. 5. Any conveyance to a homeowners association shall be subject to restrictive covenants reviewed by the Administrator and Board of Commissioners and recorded in the Register of Deeds Office. and filed at the time the subdivision plat for the project area is recorded. The covenants shall provide for the establishment of a homeowner s association before recording of the Final Plat, where membership is mandatory for each homebuyer and any successive buyer. The association shall be responsible for liability insurance and local taxes on common open space and recreational facilities owned by it, and any fees levied by the association that remain unpaid will become a lien on the individual property in accordance with procedures established under the dedication or organization document. The covenants and easements shall also prohibit future development of any common 27

28 open space, for other than open space or recreational purposes, and shall provide for continued maintenance of any common open space and recreational facilities. Such covenants shall also provide that any change of use in the open space may only occur upon consent of the homeowners association and the Town of Waxhaw. 6. The Board of Commissioners can attach fair and reasonable conditions to the Conditional Use Permit and/or Conditional Zoning application which may address, as a minimum any of the following items: a. Minimum heated floor areas b. Foundation treatments c. Exterior treatments d. Architectural treatments e. Pitch Roof F. Garage Standards g. Driveway construction h. Landscaping i. Mailboxes, street name signs and streetlights j. On site Amenities 7. Yard and setback requirements for a P.R.D. shall be as follows: Minimum Exterior lot setbacks shall apply to those property lines that are contiguous with the exterior boundary of the development. All other setbacks shall meet the interior lot setback requirements. The minimum typical exterior setbacks shall be are as follows: Front Yard Twenty five (25) feet Side Yard Twenty five (25) Rear Yard Forty (40) feet Notwithstanding the above, a vegetative buffer of feet shall be placed along the external side and rear periphery yards of the P.R.D. when such side and/or rear yards do not abut another P.R.D. Such buffer may be on private or commonly owned lands but shall be undisturbed (i.e. contain no principal or accessory structures.) The actual width and composition of the buffer shall be determined on a case by case basis. Furthermore, the Waxhaw Town Board reserves the right to waive or modify these standards on a case by case basis at the time of approval of the P.R.D.. Minimum Typical Interior lot setbacks shall be are as follows: Detached Dwellings: Front Yard Twenty (20) feet Rear Yard Thirty (30) feet Side Yard An aggregate side yard width on each lot of fifteen (15) feet. The minimum side yard width shall be five (5) feet. The minimum lot width may vary and shall be subject to approval by the Town Board (in association with the approval of the Conditional Use Permit or Conditional Zoning) on a case by case basis. 28

29 Notwithistanding the above, the minimum lot width and the minimum front yard, rear yard and side yard setbacks on lots in a Planned Residential Development district may vary and shall be subject to approval by the Town Board (in association with the approval of a Conditional Use Permit or a Conditional zoning) on a case by case basis. Townhomes: Front Yard Ten (10) feet Rear Yard Twenty (20) feet Side Yard Zero (0) feet Side Yard (End of Building) Five (5) feet Notwithistanding the above, the minimum lot width and the minimum front yard, rear yard and side yard setbacks on lots in a Planned Residential Development district may vary and shall be subject to approval by the Town Board (in association with the approval of a Conditional Use Permit or a Conditional zoning) on a case by case basis. minimum front yard, rear yard and side yard setbacks on lots in a Planned Residential Development district may vary and shall be subject to approval by the Town Board (in association with the approval of a Conditional Use Permit or a Conditional zoning) on a case by case basis. 29

30 Comments: Staff Rice: Attorney Spencer provided some additional comments on the changes provided as a new handout to the board at this meeting. He read the proposed changes that were made earlier in the day. The recommendation from staff and Attorney Spencer is approval of the changes. Planning Board approved a recommendation for the proposed text amendment unanimously. Commissioner Poccia: Commissioner Poccia questioned 7.a.1he asked for a clarification. The townhomes would not be built externally outside the development to back up to single family homes. -Single Family detached backed up to single family detached would be built. 30

31 Mayor Pro Tem Kirkpatrick: Mayor Pro Tem Kirkpatrick asked does the process change when coming to the board. She asked did she see several versions this past week and staff responded that this was the only text proposed. Staff Rice stated just the one change tonight and no changes in process or time. The reason for text amendment was previous portion of subdivisions were approved with setbacks that currently cannot be reduced. Developer is asking that the setbacks be carried into the new section of development. In Cureton development the townhomes are proposed and staff is working on requesting the text to be done to clean up the PRD section involving townhomes. Commissioner Diller: 11.34; Commissoner Diller asked for a clarification on the vegetation buffer of 100 feet which was reduced down. Why? The strike out was not to be done. It was foot buffer, so they decided to just make it uniform 25 foot buffer. Suggested minimum of 25 foot buffer John Carmichael: Attorney Carmichael stated he represents the applicant for the proposed text amendment. The client is asking for proposed change. Board can change lot widths. When looking at the setbacks there were issues involving old ones and new ones. Just to have a clarification that board could determine on a case by case basis Mayor Pro Tem Kirkpatrick: Mayor Pro Tem Kirkpatrick stated at this time she would entertain a motion to close the public hearing and that action on the propose text amendment would be on April 23 rd town meeting. Board Action: Motion by Commissioner Blythe and seconded by Commissioner Poccia to close the public hearing for TA : A request by Rick Garner on behalf of Landeavor Managers, LLC to amend Section A.7 of the Town of Waxhaw Unified Development Ordinance to revise setback requirements for a PRD. In addition, staff is proposing revisions to Sections A, A.1, A.2 and A.3 to provide for uniform minimum size requirements, setbacks, and uses for Planned Residential Developments. Motion carried unanimously. TA :A request by staff on behalf of the Board of Commissioners to amend Sections and 11.2 of the Waxhaw Unified Development Ordinance to revise the requirements in the C1 Neighborhood Business District. Mayor Pro Tem Kirkpatrick stated the next public hearing is for TA :A request by staff on behalf of the Board of Commissioners to amend Sections and 11.2 of the Waxhaw Unified Development Ordinance to revise the requirements in the C1 Neighborhood Business District and requested a motion to open the public hearing the staff report. Mayor Pro Tem Kirkpatrick requested a motion to open the public hearing and recess until April 23 rd to reopen for presentation due to the lateness of the night. She stated this is a board text amendment request and would like to move to April 23 rd. 31

32 Board Action Motion by Commissioner Blythe and seconded by Commissioner Stewart to open the public hearing for TA :A request by staff on behalf of the Board of Commissioners to amend Sections and 11.2 of the Waxhaw Unified Development Ordinance to revise the requirements in the C1 Neighborhood Business District and recess until April 23 rd, 2013 at 6:30 p.m. in the auditorium of the Museum of the Waxhaws located at 8215 Waxhaw Highway. Motion carried unanimously. Informal Comments Mayor Pro Tem Kirkpatrick opened the informal comments session of the meeting. Comments: None Mayor Pro Tem Kirkpatrick closed the informal comments session and requested the Manager s weekly reports. Town Manager McLaurin Weekly Report Manager s Weekly Council Report: (Overview of weekly council report provided to board and website) March 29, 2013 Council Report Administration Prepared and attend the Board s March 26 meeting. Attended a meeting of the Parks and Recreation Committee. A report was given on Millbridge HOA meeting in which lights at the Nesbit Parks was discussed. A larger community information session on this topic is being planned with a follow up report to the Town Board. Upcoming goals and budget requests are being prepared. The Rotary 5K race is scheduled for April 12. This is a new date and route. The new route will start in the 100 block of North West Main and go through several neighborhood streets with most of the race beginning on Waxhaw-Marvin Road. Residents have been notified once of the race route with a second notification being planned. The Attorney and I are continuing our negotiation on targeted real estate acquisition as directed by the Board. Painting on the water tank has been completed with a lettering crew expected to arrive in a few weeks to complete the job. Project Management Presentation on next steps to create a comprehensive plan to review 5 year needs / Presentation for BOC review and consideration for Public Services 32

33 Working on the action opens items from Lyle Sumek meetings and MS Project plan time lines for Strategic Goals from BOC, update received from Julie Sumek Supporting Advisory Committee meeting, Space needs meeting, Police Station Renovation project and McDonald House, preparing meeting, s for next meeting Reviewing Kensington road meetings to focus on Land Design Schedule and group updates on April 3, 2013 Planning Project Management Presentation on next steps to create a comprehensive plan to review 5 year needs / Presentation for BOC review and consideration for Public Services Working on the action opens items from Lyle Sumek meetings and MS Project plan time lines for Strategic Goals from BOC, update received from Julie Sumek Supporting Advisory Committee meeting, Space needs meeting, Police Station Renovation project and McDonald House, preparing meeting, s for next meeting Reviewing Kensington road meetings to focus on Land Design Schedule and group updates on April 3, 2013 Planning and Community Development Development activity for the week included 13 new residential permits, 1 demolition permit, 20 plumbing permits, 13 mechanical permits, 14 electrical permits, 13 zoning permits. The inspectors conducted 219 inspections Permits and Plans currently under review include: Millbridge Plat, Subdivision and Amenity Downtown code and sign ordinance Prepare staff report for initial zoning of Barrington Expansion area that was annexed by the Board of Commissioners Investigated code enforcement compliant at Henn Automotive site. Send out APO letters and notice to the Enquirer Journal for the Cockinos Building Window repair COA Completed the hiring process for the new building inspector. Kari Lanning will be joining the staff on April 15, 2013 as a Code Enforcement/Building Inspector Completed and submitted grant reimbursement for the SRTS Sidewalk Infrastructure Grant for over $200,000 in expenses 33

34 Police There 475 requests for service. Crimes and/or arrests include: 4 reports of Breaking/Entering/Theft from Motor Vehicle, 3 reports of Breaking & Entering to Motor Vehicle, 2 misdemeanor larceny, 1 felony and 1 driving while impaired with an arrest, 1 arrest for probation violation 33 citations were issued which included 13 for speeding, 7 for registration, 4 driving while license revoked, 2 each no operator s license, stop sign, expired inspection, 1 each failure to reduce speed to avoid an accident, failure to change address, possession of drug paraphernalia Public Services 11 new residential solid waste households. New residents for the week: 48. March 2013 totals are as follows: 25 New Households containing a total of 90 new residents in these Spring Clean-up event was completed without incident Staff continues to work with Harrison Park HOA on upgrading street lighting and signage issues. Awaiting confirmation from the HOA on the number of new lights they will be requesting. Researching to obtain information concerning who is responsible for right-of-ways on Waxhaw Parkway leading into the Harrison Park subdivision. Street proof rolls and/or inspections have been made in Lawson this week Completed budget preparations and submitted for review April 5, Council Report Administration Prepared agenda package for the Board s April 9 meeting Traveled to Aiken SC with Mayor Pro-tem Kirkpatrick, Commissioner Stewart, and Bonnie McManus along with representatives from the equestrian community, WBA and Land of the Waxhaw. The purpose of the trip was to discuss their success in community redevelopment and promotion of the equestrian community. Continued to work on real acquisitions as directed by the Board. Received proposals from firms wishing to serve as the construction manager at risk. A revised review period was developed and shared with the Board. Participated in a meeting with members of town staff and Duke Energy to discuss strategies and attend the Board s March 26 meeting and how form-based codes may impact the cost of the town hall project. Met with town staff and representatives of the Lawrence Group to begin work on the Highway 16 corridor 34

35 Project Manager Presentation on next steps creates a comprehensive plan to review 5 year needs Prepared a presentation on Public Services needs to be presented to the Board. In progress on the action opens items from Lyle Sumek meetings and MS Project plan timelines for Strategic Goals from BOC, update received from Julie Sumek. Continuing to work with the Advisory Committee on infrastructure upgrades, space needs meeting, police station renovation project and McDonald House, preparing meeting, s for next meeting. Reviewing Kensington Road meetings to focus on Land Design Schedule and group updates on April 10, 2013 Planning and Community Development o Plans and Projects currently under review include: - Latest consultant comments regarding proposed sign code - Reviewed plats and bonds for: Millbridge Phase 3 Map 6 and Phase 2A map 4 - Reviewed Dalton Storage Building site plan - Reviewed Community Garden proposal by Jason Loseke Met with Live Well homes to discuss Prescot plats: Phase II Maps XII, XIII and XIV Met with Shea homes reps regarding initial zoning of Barrington expansion area Façade Improvement Program - Met with applicants and reviewed and organized façade improvement grant applications for the Commission with a breakdown of costs for each façade grant application. Applications were submitted for 8 properties; 3 were for the front façade only and 5 were for all four facades for a total of 23 façade application Prepared Historic Preservation Packets containing a Certificate of Appropriateness for Cockinos second story replacement windows and painting Projects being conducted by the Lawrence Group Downtown Code - Finalizing the last draft, per the staff edits and discussion last week. Final draft by next Friday. Working with staff to identify two locations to take through the process for a joint Planning Board/Town Board Meeting on April 25. The two selected projects are the new single family house downtown and a recent project/upfit on Main 35

36 Police Street. By next week would like all of the submittal information for the sample projects with the expectation that they will be integrated into the presentation in the joint meeting Sign Ordinance - Worked out the remaining issues with the Sign Ordinance draft. One outstanding issue regarding banners that will be finalized next week. Have also identified two recent sign permits that we will take through the process for the joint meeting on April 25. Neighborhood Plan Completed initial analysis on the neighborhoods, finalized the study area and are in the process of appointing the Advisory Committee. This should be completed by next week (through Town Board appointments). Public kickoff meeting planned with the Advisory Committee on April 16 or 17. Charette scheduled for April 29 through May 2, with the closing presentation on May 6. Highway 16 Corridor Plan Toured the area, met with staff and examined the corridor with Todd Noell of Noell Consulting Group. Todd will be making initial recommendations with the plan to present them to Town Board in May. The charrette for the Highway 16 Corridor will be June 17 through 20. Board members will be invited to speak with the consultants before a great deal of work is done on this project. There 454 requests for service. Crimes and/or arrests include: 1 identity theft, 2 cases of simple possession of schedule IV narcotics with arrest, 1 case each of larceny, possession of heroin with arrest and breaking/entering/theft from Motor Vehicle. 2 arrests for felony breaking and entering 245 citations were issued including: 9 for registration, 7 for no operator s license, 3 for no insurance, 2 for expired inspection, 1 each for speeding, DWI and failure to change address on license. 33 citations were issued which included 13 for speeding, 7 for registration, 4 driving while license revoked, 2 each no operator s license, stop sign, expired inspection, 1 each failure to reduce speed to avoid an accident, failure to change address, possession of drug paraphernalia. Public Service Number of new residents noted for the week: 35 Completed street proof rolls and/or inspections have been made in Lawson and Mill Bridges 36

37 Unfinished Business Mayor s Office Off Site: (Request by Mayor Gardner for office space in newly acquired town office building downtown) Tabled to next meeting due to Mayor Gardner not present at the meeting for discussion. Risk Manager Construction RFQ Recommendation: (Updated report on the process of seeking a Risk Manager Construction RFOs and deadline extension to April 16 th and a possible recommendation for approval at the April 23 rd meeting.) Mayor Pro Tem Kirkpatrick requested an update by Town Manager McLaurin and Attorney Chaplin Spencer on the property acquisitions. Town Manager McLaurin Due to conflict on date of submittal all proposals have been accepted and secured. A notice to all agencies submitting by , phone and letter to state an extension to April 15 th. Revisions made be submitted by the deadline by any agency who submitted a proposal. Advisory Committee to review, rate and have a meeting the date of April 23 rd to make a recommendation at the town meeting that night. Board Action: No Action were in agreement of the extension. New Business SUB : (A request by Standard Pacific Homes, on behalf of property owners Providence Road 46 LLC, The Ryland Group, Inc. and David L Francis Family Ltd. Partnership for a preliminary subdivision plan on approximately acres (Tax Parcel ID numbers , A and a portion of A) located off of Hwy. 16 / Providence Road South for a 113 lot single-family residential subdivision.) Mayor Pro Tem Kirkpatrick stated the next item on the agenda is a subdivision request being SUB : A request by Standard Pacific Homes, on behalf of property owners Providence Road 46 LLC, The Ryland Group, Inc. and David L Francis Family Ltd. Partnership for a preliminary subdivision plan on approximately acres (Tax 37

38 Parcel ID numbers , A and a portion of A) located off of Hwy. 16 / Providence Road South for a 113 lot single-family residential subdivision. She requested a motion to open the public hearing. Board Action: Motion by Commissioner Blythe and seconded by Commissioner Diller to open the hearing and discussion for SUB : A request by Standard Pacific Homes, on behalf of property owners Providence Road 46 LLC, The Ryland Group, Inc. and David L Francis Family Ltd. Partnership for a preliminary subdivision plan on approximately acres (Tax Parcel ID numbers , A and a portion of A) located off of Hwy. 16 / Providence Road South for a 113 lot single-family residential subdivision. Motion carried unanimously. Mayor Gardner asked for staff report. Staff Report- Administrator Oakley Administrator Oakley stated all due legal notice was published and posted as required by NC General Statutes. Staff Report - Preliminary Subdivision SUB Inverness on Providence EXPLANATION OF THE REQUEST Petition SUB is a request by Standard Pacific Homes, on behalf of property owners Providence Road 46 LLC, The Ryland Group, Inc. and David L Francis Family Ltd. Partnership for a preliminary subdivision plan on approximately acres (Tax Parcel ID numbers , A and a portion of A) located off of Hwy. 16 / Providence Road South for a 113 lot single-family residential subdivision. LOCATION & CURRENT LAND USE Currently, the subject property contains an old paved driveway, open fields and woodlands. Condition and land use of the surrounding properties. The adjoining properties are: To the north Several single-family dwellings and common open space in the Providence Grove Subdivision zoned CU-R3-PRD (Conditional Use Single Family Residential Planned Residential Development) and a large wooded parcel in Union County s jurisdiction zoned R-40 (Single-Family Residential). To the east A large wooded parcel in Union County s jurisdiction zoned R-40 (Single- Family Residential). To the south A large wooded parcel in Union County s jurisdiction zoned R-40 (Single-Family Residential), two single-family dwellings zoned R-1(Single-Family 38

39 Residential), an engine repair business zoned R-1 (Single-Family Residential), an open field, woodlands and a telecommunications tower zoned CU-C3 (Conditional Use General Commercial) and CU-RM1 (Conditional Use Multi-Family Residential). To the west Several single family dwellings in the Providence Grove Subdivision zoned CU-R3-PRD (Conditional Use Single Family Residential Planned Residential Development) and vacant land zoned CU-C3 (Conditional Use General Commercial). PROJECT HISTORY / INFORMATION On November 10, 2003, a conditional use permit for the Providence Grove Subdivision was approved by the Waxhaw Board of Commissioners. The approval was for 145 lots on acres for a proposed density of 1.92 units per acre. The Providence Grove Subdivision was constructed and is currently built-out. On February 10, 2004, a conditional use permit for an expansion of the Providence Grove Subdivision was approved by the Waxhaw Board of Commissioners. The approval was for 133 lots on acres for a proposed density of 2.26 units per acre. The approval only included Parcel # and A and the proposed subdivision did not have direct access to Hwy. 16/Providence Road South. Access to the subdivision was through Merryvale Way in the Providence Grove Subdivision. The developer never constructed the expansion to Providence Grove and the conditional use permit expired in 2006.On December 7, 2012, Standard Pacific Homes submitted a conditional use permit application and preliminary subdivision plan for Parcels , A and a portion of A for a single-family residential subdivision. The proposed subdivision includes the two parcels that previously received conditional use permit approval in Feb and subsequently expired. The proposed subdivision includes 113 lots on acres for a proposed density of 1.96 units per acre. LAND USE / SITE PLAN ISSUES 1. The proposed subdivision contains acres and 113 lots. The maximum number of lots allowed under the Planned Residential Development section of the Unified Development Ordinance is 122 lots. The proposed subdivision complies with all lot requirements and setbacks contained in Section A of the UDO. 2. The site plan depicts public streets throughout the subdivision, along with sidewalks, street trees, pedestrian trails and an amenity site. 3. Section A of the UDO requires a minimum of 20% of the site be set aside for common open space and the applicant is proposing 29.99% of common open space. The plans state that all common open space shall be recorded and deeded to the Homeowner s Associate for Inverness on Providence. 4. The site plan depicts two proposed phases with a projected completion date of

40 5. The subdivision site contains a small portion of land contained with the FEMA regulated floodplain on the eastern boundary. The plans state that no development of impervious cover shall be permitted in the regulated floodplain. 6. There is an existing 24 water main along Hwy. 16/Providence Road South and at the end of Merryvale Way in the Providence Grove Subdivision. There is an existing sanitary sewer system line to the east of the site that enters the site to the east of Barclay Drive. The applicant has met with Union County Public Works regarding expanding the existing water and sewer infrastructure to serve this subdivision. 7. The NC Department of Transportation (NCDOT) has indicated that a Traffic Improvement Analysis would not be required for this subdivision. The applicant will be required to work with NCDOT to determine what improvements, if any, are needed for access to the subdivision. The plans depict a right turn lane and a left turn lane into the site subject to approval by NCDOT. 8. The proposed subdivision has two points of ingress and egress one to Hwy. 16 / Providence Road South and one to Merryvale Way in the Providence Grove Subdivision in compliance with Section A stub street is being proposed to the adjacent property to the south. 9. All new streets will have either a 50 Right-of-Way or 40 Right-of-Way (R/W). During the Technical Review Committee (TRC) meeting (see attached TRC meeting minutes), the local Fire Department requested the applicant to limit on-street parking on the streets with a 40 R/W in order to better accommodate emergency vehicles. The applicant has included a note on the plans that proposed streets with a 40 R/W shall only allow on-street parking on one side of the street. 10. There are two adjoining properties to the south that have an existing driveway adjacent to the southeastern boundary of this site. The applicant has indicated a willingness to allow those property owner s driveways to connect into the new proposed public road (Somerled Rd.). If the two adjoining property owner s driveway connects into Somerled Rd., there will be no new driveway access points along Hwy. 16 / Providence Rd. South. 11. The subdivision name and all proposed street names have been reviewed and approved by the Union County E-911 Coordinator. TREE PRESERVATION 1. The applicant submitted a tree survey in compliance with Section of the Unified Development Ordinance. 2. The applicant is proposing a 30 tree preservation / vegetative buffer in compliance with Section and Section A. 40

41 3. The plan exceeds the 20% internal tree save area required in Section A. The internal tree protection areas shall contain no less than 1 tree per 2,500 square feet of tree protection area. Where existing trees are insufficient to meet those standards, the applicant will plant new trees with a minimum 2 caliper at planting. PLANNING STAFF RECOMMENDATION The proposed preliminary subdivision site plan complies with the Unified Development Ordinance requirements. Planning staff recommends approval of the preliminary subdivision plan SUB , along with all of the notes listed on the preliminary subdivision plans for Inverness on Providence, dated December 7, PLANNING BOARD RECOMMENDATION At the Planning Board meeting on March 18, 2013, the Board voted unanimously (7-0) to recommend approval of petition SUB **If the request is approved, the Planning staff would recommend that the applicant continue to work with all appropriate agencies to ensure that the plan complies with all regulations.** Power Point Presentation SUB A request by Standard Pacific Homes, on behalf of property owners Providence Road 46 LLC, The Ryland Group, Inc. and David L Francis Family Ltd. Partnership for a preliminary subdivision plan on approximately acres (Tax Parcel ID numbers , A and a portion of A) located off of Hwy. 16 / Providence Road South for a 113 lot single-family residential subdivision. PLANNING STAFF RECOMMENDATION The proposed preliminary subdivision site plan complies with the Unified Development Ordinance requirements. Planning staff recommends approval of the preliminary subdivision plan SUB , along with all of the notes listed on the preliminary subdivision plans for Inverness on Providence, dated December 7, PLANNING BOARD RECOMMENDATION At the Planning Board meeting on March 18, 2013, the Board voted unanimously (7-0) to recommend approval of petition SUB

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