Town of Waxhaw Board of Commissioners Waxhaw Police Department Community Meeting Room Thursday February 23, 2016
Petition RZ-004006-2015 A request by applicants Shirel Yaloz-Femia and Rocco Femia, on behalf of Shirel Yaloz-Femia, Rocco Femia, Thomas Brown and Kimberly Brown, for a rezoning/map amendment on parcels 05138027A, 05138028, 05138029A and 05138029B from CU-C3 (Conditional Use- General Commercial) and R3 (Single Family) to NMX (Neighborhood Mixed Use) located on Waxhaw-Marvin Road.
LOCATION AND CURRENT LAND USE The properties are located to the west of downtown Waxhaw and have frontage on Waxhaw-Marvin Road. Parcel 05138027A (5329 Waxhaw Marvin Road) is developed with a single family residence and accessory structure, parcel 05138028 (5325 Waxhaw Marvin Road) is developed with a single-family residence and accessory structure, parcel 05138029A (5317 Waxhaw Marvin Road) is vacant and wooded and parcel 05138029B (5317 Waxhaw Marvin Road) is developed with a single family residence. (5317 Waxhaw Marvin Road was verified as the address for both parcel 0513829A and parcel 0513829B.) The properties total 8.981 acres in size.
2030 COMPREHENSIVE PLAN & FUTURE LAND USE MAP The Future Land Use Map from the 2030 Comprehensive Plan shows the properties as Low-Density Residential which is described in the plan as follows: Low-Density Residential. 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. DOWNTOWN NEIGHBORHOODS PLAN The Downtown Neighborhoods Plan, which was adopted on July 18, 2014, depicts a regulating plan that identifies these properties to be zoned a combination of NMX (Neighborhood Mixed Use) and RC (Residential Compound) which are described in as: Neighborhood Mixed Use (NMX): The Neighborhood Mixed Use District consists of higher density, mixed use buildings that accommodate retail, offices, townhouses and apartments. It has a tight network of streets, with wide sidewalks, steady street tree planting and buildings set close to the sidewalks. Residential Compound (RC): A residential compound consists of separate houses, either on their own lots, next to each other, or all on the same lot. This allows families to live close to each other while still having separate areas. The houses are treated as a group, so while they may be on different lots, they appear as one unified property.
DRAFT WAXHAW COMPRHENSIVE PLAN The Growth Sector Map included in the Draft Waxhaw Comprehensive Plan 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). 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 NMX (Neighborhood Mixed Use) zoning district found in the Downtown Code.
PLANNING STAFF ANALYSIS The Growth Sector Map included in the Draft Waxhaw Comprehensive Plan 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 NMX (Neighborhood Mixed Use) zoning district found in the Downtown Code. The Downtown Neighborhoods Plan recommends NMX (Neighborhood Mixed Use) and RC (Residential Compound) zoning once the Downtown Code s regulations are augmented, if needed, to fit the areas in the plan. Although the downtown code has not been amended to include parcels located outside of the downtown boundary a previous zoning request to NMX (Neighborhood Mixed Use) on the adjacent parcels to the east was approved by the Board of Commissioners on December 3, 2015. The Board of Commissioners determined the NMX (Neighborhood Mixed Use) zoning was consistent with the future planning goals of the Town of Waxhaw based on the findings of the Growth Sector Map included in the Draft Waxhaw Comprehensive Plan.
PLANNING STAFF RECOMMENDATION Staff recommends approval of the proposed zoning RZ-004006-2015. Based on the draft Growth Sector Map included with the draft of the proposed Comprehensive Plan, the NMX district is compatible with the future land use and planning goals of the Town of Waxhaw. PLANNING BOARD RECOMMENDATION At the January 19, 2016 meeting, the Planning Board voted unanimously to send a favorable recommendation for RZ-004006-2015 to the Board of Commissioners. STATEMENT OF REASONABLENESS AND CONSISTENCY The proposed zoning of these parcels is consistent with the future planning goals of the Town of Waxhaw based on the findings of the Growth Sector Map included in the Draft Waxhaw Comprehensive Plan and is reasonable and in the public interest because it will allow a use compatible with the surrounding areas