Town of Waxhaw Board of Commissioners Waxhaw Police Department Community Meeting Room Tuesday January 12, 2016
Petition RZ-003994-2015 A request by the Town of Waxhaw Planning & Community Development Department, on behalf of the Town of Waxhaw Board of Commissioners, for a rezoning / map amendment (for initial zoning) on approximately 49.67 acres (parcels 05-138-011, 051-138-101, 05-138-102, 05-138-103, 05-138-104, 05-138-105, 05-138-106, 05-138- 107, 05-138-108, 05-138-110, 05-138-111, 05-138-112, 05-138-113, 05-138-114, 05-138-115, 05-138-116, 05-138-117, 05-138-118, 05-138-119 and 05-138-120 and a portion of 05-138-010) located on the south side of Waxhaw Marvin Road at the intersection with Helms Road. The proposed zoning for the parcels is R4 (Single Family Residential).
LOCATION AND CURRENT LAND USE The property is located on Waxhaw Marvin Road and has frontage on Waxhaw Marvin Road and Helms Road. The subject property is zoned a combination of Union County LI (Light Industrial) and Union County RA-20 (Rural /Agricultural) and is a mixture of wooded undeveloped land and manufactured homes. The portion of the property located on the southeast quadrant of the Waxhaw Marvin Road Helms Road intersection is currently vacant and wooded with a large field and a lake. The portion of the property on the southwest quadrant of the Waxhaw Marvin Road Helms Road intersection is currently developed with manufactured homes. The property is a total 49.67 acres in size.
2030 COMPREHENSIVE PLAN & FUTURE LAND USE MAP The Future Land Use Map from the 2030 Comprehensive Plan identifies the property in two different land use categories. The property located on the southwest quadrant of the Waxhaw Marvin Road Helms Road intersection is identified as Low Density Residential. The property on the southeast quadrant of the Waxhaw Marvin Road Helms Road intersection is identified as Employment Center. DRAFT WAXHAW COMPREHENSIVE PLAN The current draft of the Growth Sector Map identifies the area that the property is located in as G3 (Intended Growth Sector) Regional Sector, which calls for TND (Traditional Neighborhood Development) and RCD (Regional Center Development) Community Unit. These designations allow for the T3 (Sub-Urban Zone), T4 (General Urban Zone), T5 (Urban Center Zone) and the T6 (Urban Core Zone) Transect Zones. Supplemental materials from the SmartCode are attached for your reference. The T4 transect zone is similar to the R4 (Single Family Residential) zoning district found in the Unified Development Ordinance.
PLANNING STAFF ANALYSIS A portion of the property is vacant wooded farmland and the other portion is developed with manufactured homes. The surrounding area consists of wooded land, single family residences on individual properties and the Millbridge neighborhood. Some of the surrounding properties are located in Union County, zoned RA-20 (Rural / Agricultural). The surrounding properties located within the Town of Waxhaw are zoned R3 (Single Family Residential, with the exception of the property that is part of the Millbridge neighborhood which is zoned CU-R4-PRD. The Future Land Use Map in the 2030 Comprehensive Plan calls for a mix of Low Density Residential uses and Employment Center uses to be developed on the property. However, the draft Growth Sector Map contained in the proposed comprehensive plan allows for up to the T6 (Urban Core Zone) Transect Zone which would allow medium to high-density mixed use buildings, entertainment, civic and cultural uses. The R4 (Single Family Residential) zoning district is in keeping with the T4 (General Urban Zone) Transect Zone allowed by the daft of the updated Growth Sector Map.
PLANNING STAFF RECOMMENDATION Staff recommends approval of the proposed zoning RZ-003994-2015. Based on the draft Growth Sector Map included with the draft of the proposed Comprehensive Plan, the R4 district is compatible with the future land use and planning goals of the Town of Waxhaw. PLANNNING BOARD RECOMMENDATION At the December 21, 2015 meeting, the Planning Board voted 4 to 3 to send a favorable recommendation for RZ-003994-2015 to the Board of Commissioners. The three votes in opposition were based on the following: Recommending approval of this rezoning while having not recommended approval of the Development Solutions rezoning in October was inconsistent. R-4 zoning was too intense taking into account the current land uses in the area. Favorable recommendation was not consistent with the current future land use map that identifies the property as low density residential and employment center.
STATEMENT OF REASONABLENESS AND CONSISTENCY The proposed zoning of these parcels appears to be reasonable at this time. It is consistent with the future planning goals of the Town of Waxhaw based on the findings of the Growth Sector map being developed in conjunction with the Waxhaw Comprehensive Plan.
CD-002959-2014 Petition CD-002959-2014 - A request by Micheaux Resource Management, LLC, on behalf of Frances H. Pressley, Clyde D. Pressley, Shirley Jean Davis and Jerry G. Davis, for a conditional rezoning / map amendment from R-1 (Single-Family) to CD-C3 (General Commercial) on approximately 5.1 acres (Tax Parcel ID number 06-162-002) located on the west side of Highway 16, just north of the intersection of Highway 16 and Kensington Road. The petitioner is proposing a commercial development for the site, which will include a convenience store with associated car wash, a retail building and restaurant.
Highway 16 Corridor Plan Land Use Recommendation Town Center Site
Neighborhood Meeting The applicant held a neighborhood meeting as required by the Unified Development Ordinance on April 8, 2015. Property owners within 300 feet of the site were notified and given the opportunity to voice their concerns with the proposal. Technical Review Committee Meeting A Technical Review Committee meeting was held on March 3, 2015 as required by the Unified Development Ordinance.
2030 Comprehensive Plan & Land Use Map and Highway 16 Corridor Plan The Comprehensive Plan has identified this property to be developed as follows: Commercial/Retail: These areas focus on retail and commercial uses. They should be located along main transportation corridors and near residential and employment areas to provide access to goods and services. Providence Road Corridor: This classification designates a corridor along Providence Road (NC-16) the primary road corridor through Waxhaw - that has been identified for additional planning. The Highway 16 Corridor Plan identifies this property as Town Center which is described as follows: General Character: Shops mixed with townhouses, larger apartment houses, offices, workplace, and civic buildings; predominantly attached buildings; trees within the public right-of-way; substantial pedestrian activity Building Placement: Shallow setbacks or none; buildings oriented to street defining a street wall.
Land Use/Site Plan Issues The petitioner is proposing a commercial development for the site, which will include a convenience store with associated car wash, retail building and a restaurant. The applicant plans on submitting a plat to subdivide the site into Lots 1 and 2 upon approval of the rezoning. Water and sewer for this site will be provided by Union County Public Works. Exterior lighting shall comply with Section 12.12 of the Unified Development Ordinance. The required 20 Type B buffer will be installed along the northern property line of lot 2 along with all other required site landscaping and buffering in accordance with Section 9 of the Unified Development Ordinance. Maximum building height anticipated will be 30.
Architectural Guidelines The proposed plan meets the architectural guidelines in Section 20 of the Unified Development Ordinance. Connectivity / Parking The applicant is providing connectivity to the parcels to the west, north and south of the site. A 12 multi-use path will be constructed along the frontage of Hwy 16 with a connection from each of the buildings provided. All sidewalks and the multi-use path will be ADA compliant and 5 in width. The applicant will provide shared access and parking agreements between both lots in the development. The applicant is proposing to exceed the maximum parking requirements on both lots. Per Section 20 of the Unified Development Ordinance the maximum parking requirement can be exceeded if the additional parking spaces are constructed with pervious material. The applicant is proposing to construct the additional parking spaces out of pervious concrete.
Transportation NCDOT requirements for the development are as follows: Extend the existing right turn lane in front of the property along NC 16. Dual left turn lanes onto Cuthbertson from NC 16 must be installed due to the loss of storage from the installation of leftovers on NC 16. The outside receiving lane on Cuthbertson must be extended to 500 feet in length along with appropriate downstream taper. Right turn lanes are to be constructed on Cuthbertson for the two access points that currently using the right turn only lane. In addition to the dual left turn lanes on NC 16, a thru lane and right turn lane must be kept when the dual lanes are built along with some pavement widening on the south side end of the intersection to accommodate the new thru lane alignment. The development shall install all NCDOT requirements at time of site development and in conjunction with NCDOT requirements. In addition, the Town is in the process of having a comprehensive traffic impact analysis completed which includes the intersection of Providence Road and Cuthbertson/Kensington Road prior to obtaining a certificate of occupancy, this project has offered to contribute it s pro-rata share of the recommended roadway improvements detailed in the traffic improvement analysis. The traffic improvements that are shown on the plans are temporary in nature until the final plan for improvements are determined.
Planning Staff Analysis Staff feels that this project is an appropriate use for the site. The proposed development conforms to the recommendations of the both the 2030 Comprehensive Plan and the Highway 16 Corridor Plan for the type of development recommended for the area. Planning Staff Recommendation Planning staff recommends approval of Conditional Rezoning Request CD-002959-2014 as currently submitted, along with the following recommendations: The project shall conform to all requirements of the Town of Waxhaw and to the Development Standards listed in the Land Use/Site Plan section of this report and on the rezoning plan. The development shall install all NCDOT requirements at time of site development and in conjunction with NCDOT requirements. Please note that all staff recommendations must be agreed upon by the applicant as part of the conditional rezoning process.
PLANNING BOARD RECOMMENDATION At the June 15, 2015 meeting, the Planning Board voted 5 to 0 to send a favorable recommendation for Conditional Rezoning Request CD-002959-2014 to the Town of Waxhaw Board of Commissioners. BOARD OF COMMISSIONERS PUBLIC HEARING The Board of Commissioners held a public hearing on July 14, 2015 for CD- 002959-2014. During discussion of the item during the regular board meeting, the Board of Commissioners granted a 90 day deferral to give the applicant an opportunity to review the comments generated during the public hearing and also to work with the Town s engineer on any traffic issues/improvements that may need to be addressed and revise the plan, if necessary, in time to return to the October 13, 2015 meeting. The public hearing was continued at the October 13, 2015. After hearing further comments from the applicant and the public, the Board recessed the public hearing to the October 27, 2015 meeting to allow the applicant to meet with the residents of the Cureton neighborhood. The meeting with the Cureton residents took place at the Cureton Amenity Center on October 19, 2015.
BOARD OF COMMISSIONERS PUBLIC HEARING Continued At the October 27, 2015 meeting the Board of Commissioners recessed the public hearing for Petition CD-002959-2014 until such time as the traffic analysis is received and instructed staff to notify the public and place on the Board of Commissioners agenda in accordance with the law allowing for additional public comments at the next hearing. STATEMENT OF RESONABLENESS AND CONSISTENCY The proposed zoning of this parcel is in conformance with both the 2030 Comprehensive Plan and the Highway 16 Corridor Plan and is consistent with the future planning goals of the Town of Waxhaw.