August 26, 2025

Minutes Town of Mooresville Planning Board August 26, 2025 6:00 PM - Mooresville Town Hall Present: Steve McGlothlin, Michael Cole, Greg Peretz, Laura Temple, Jeremy Katz, Wendy Smith, Miko Red Arrow, Richard Poore, and Jeffrey Mack Also Present: Planning & Community Development Director James Coley, Planner II Veronica Bateson, Planner I Patrick Werner, Town Staff Attorney Caline Schecter, and Planning Specialist Danielle Upright 1. Call to Order Chair McGlothlin called the meeting to order 6:00 pm. 2. Pledge of Allegiance 3. Chairperson's Welcome and Opening Chair McGlothlin welcomed the Planning Board and Guests. 4. Public Comment No one from the public was signed up to speak. 5. Adjustments to the Agenda There were no adjustments to the agenda. 6. Adoption of the Agenda ACTION: A motion was made by Jeremy Katz, seconded by Laura Temple, to approve the agenda as presented. The motion carried unanimously. 7. Consideration of Approval of Minutes 7.a Consider approval of July 22, 2025, Minutes ACTION: A motion was made by Jeff Mack, seconded by Wendy Smith, to approve the July minutes as presented. The motion carried unanimously. 8. Old Business There was no old business. 9. New Business 9.a Consider a request from Planning & Community Development to adopt an Ordinance for Conditional Rezoning Request CZ-2025-11 for a 5.28-acre site located at Williamson Road, PIN: 4646639331. Bartels Construction Solutions is seeking to rezone the parcel to Conditional Community Commercial (C-CC) for a 5.28-acre site located at Williamson Road, PIN: 4646639331. James Coley presented the rezoning case CZ-2025-11. No one from the public signed up to speak on this case. Presenting on behalf of the project was Robert Irvin with Irvin Law Group, and the applicant Matthew Bartels with Bartels Construction. Mr. Bartels accepted the following conditions on behalf of the owner: 1. Site development shall conform to the approved Concept Plan. Any modifications post- approval shall be consistent with UDO 2.5.4.C.8.b, “Minor Modifications.” 2. Allowed uses on the site shall be restricted to Warehouse and Wholesale Operation, and any accessory and/or temporary uses otherwise permitted in the Community Commercial (CC) district, respectively. ACTION: A motion was made by Greg Peretz, seconded by Wendy Smith, to recommend approval of rezoning case CZ-2025-11. Motion carried unanimously. 9.b Consider a request from Planning & Community Development to adopt an Ordinance for Conditional Rezoning Request CZ-2025-16 for a 127.60-acre site located at Fern Hill Road (PINS: 4649251198, 4649239843, 4649523502). DR Horton is seeking to rezone three parcels to Conditional Residential General (C-RG) for a 127.60-acre site located at 313 Fern Hill Road and Fern Hill Road (PINS: 4649251198, 4649239843, 4649523502). Veronica Bateson presented the rezoning case CZ-2025-16. Presenting on behalf of the project was Lisa Thompson with Moore and Van Allen and Tim Derylak with DR Horton. Mr. Derylak accepted the following conditions on behalf of the owner: 1. Site development shall conform to the approved Concept Plan. Any modifications post- approval shall be consistent with UDO 2.5.4.C.8.b, “Minor Modifications.” 2. Maximum of 275 single family detached homes with accessory uses allowed by right in the Residential General (RG) zoning district. 3. Maximum building height of two stories. 4. The Developer shall be responsible for the ongoing maintenance of all roads, sidewalks, utilities, stormwater facilities, and any other infrastructure located within the proposed public right-of-way of the development until such time as the Town formally accepts the dedication of said right-of-way and associated improvements. Prior to acceptance, the Developer shall ensure that all improvements are maintained in good working order and safe condition, free of hazards to the public. 5. The Developer shall be responsible for the installation and maintenance of all required street trees within the proposed public right-of-way until such time as the Town formally accepts the dedication of the streets. Following Town acceptance, the long-term maintenance, care, and replacement of all street trees shall be the responsibility of the Homeowners’ Association (HOA), in accordance with the approved landscape plan. 6. All mitigation measures identified in the TIA/ MMA, as reviewed and approved by the Town, shall be installed and completed by the Developer in accordance with the approved phasing schedule. No Certificate of Occupancy shall be issued for any building within the development until the required mitigation measures associated with that phase are constructed and operational, unless otherwise approved in writing by the Town. 7. All required right-of-way dedications and easements, including but not limited to utility, drainage, access, and greenway/shared use path easements, roadway, shall be recorded and in place prior to the issuance of the first Certificate of Occupancy within the development, unless otherwise approved in writing by the Town. The following individuals signed up to speak: • Kelly Hughs-148 Fern Hill Road-Opposed • Shawn Murphy-442 Preston Road-Opposed • Bruce S-Opposed • Matthew Johnson-Opposed ACTION: A motion was made by Michael Cole, seconded by Miko Red Arrow, to recommend denial of rezoning request CZ-2025-16. Motion carried with an 8-1 vote. RECESS 9.c Consider a request from Planning & Community Development to adopt an Ordinance for Conditional Rezoning Request CZ-2025-13 for an 86-acre site located at 141 Black Angus Road (Brentwood Phase 5), PIN: 4655769373. Mitchell and Bradley Hager are seeking to rezone their parcel to Conditional Residential General (C-RG) for an 86-acre site located at 141 Black Angus Lane, PIN: 4655769373. Veronica Bateson presented the rezoning case CZ-2025-13. Presenting on behalf of the applicant were Hasti Afkhan and Dan Brewer with Bowman Consulting, and James Martin with AMH. The following individuals signed up to speak: • Mitchell Oates-401 Mackwood Road-Opposed • Kristin Hooven-112 Louden Drive-Opposed • Jessica Tari-102 W Cavendish Drive-Opposed • Keith Brettin-170 Woodacre Drive-Opposed Casey Profitt with AMH accepted the following conditions on behalf of the property owner: 1. Site development shall conform to the approved Concept Plan. Any modifications post- approval shall be consistent with UDO 2.5.4.C.8.b, “Minor Modifications.” 2. The Developer shall be responsible for the ongoing maintenance of all roads, sidewalks, utilities, stormwater facilities, and any other infrastructure located within the proposed public right-of-way of the development until such time as the Town formally accepts the dedication of said right-of-way and associated improvements. Prior to acceptance, the Developer shall ensure that all improvements are maintained in good working order and safe condition, free of hazards to the public. 3. The Developer shall be responsible for the installation and maintenance of all required street trees within the proposed public right-of-way until such time as the Town formally accepts the dedication of the streets. Following Town acceptance, the long-term maintenance, care, and replacement of all street trees shall be the responsibility of the Homeowners’ Association (HOA), in accordance with the approved landscape plan. 4. All mitigation measures identified in the TIA/ MMA, as reviewed and approved by the Town, shall be installed and completed by the Developer in accordance with the approved phasing schedule. No Certificate of Occupancy shall be issued for any building within the development until the required mitigation measures associated with that phase are constructed and operational, unless otherwise approved in writing by the Town. 5. All required right-of-way dedications and easements, including but not limited to utility,  drainage, access, and greenway/shared use path easements, roadway, shall be recorded and in place prior to the issuance of the first Certificate of Occupancy within the development, unless otherwise approved in writing by the Town. ACTION: A motion was made by Laura Temple, seconded by Wendy Smith, to recommend denial of rezoning request CZ-2025-13. Motion carried unanimously. RECESS 9.d Consider a request from the Planning and Community Development Department to adopt an Ordinance approving Text Amendment TA-2025-06: Amendment to the Unified Development Ordinance (UDO), to include other conditions under which fee in lieu would be considered. James Coley presented TA-2025-06. The Planning Board recommended adding an additional sentence to the ordinance: “For the purposes of conditional zoning only, such payment in lieu shall be determined and documented as a condition of the zoning prior to approval by the Town of the zoning”. ACTION: The following motion was made by Laura Temple, seconded by Wendy Smith, to recommend approval of TA-2025-06: “I make a motion to recommend to Town Board to approve TA-2025-06 through approving the language proposed by staff with the additional language provided by counsel. The amendment is consistent with the Town’s One Mooresville Plan. Specifically, the amendment provides greater flexibility in the implementation of the Town’s pedestrian transportation projects. Furthermore, the text is reasonable and in the public interest as it allows for better planning, feasibility, connectivity, and cost effectiveness of pedestrian transportation projects.” Motion carried unanimously. 9.e Consider a request from Planning & Community Development to adopt an Ordinance for Rezoning Request RZ-2025-05 for a 0.78-acre site located at 287 Alcove Road (PIN: 4645663676). Jonathan Kelly Myers is seeking to rezone parcel his parcel from Iredell County’s Residential Office (RO) to Town of Mooresville’s Corridor Mixed-Use (CM) for a 0.78-acre site located at 287 Alcove Road (PIN: 4645663676). Veronica Bateson presented the rezoning case RZ-2025-05. No one signed up to speak about this case. ACTION: A motion was made by Michael Cole, seconded by Richard Poore, to recommend approval of RZ-2025-05. Motion carried unanimously. 9.f Consider a request from Planning & Community Development to adopt an Ordinance for Conditional Rezoning Request CZ-2025-09 for a 0.82-acre site located at 1179 & 1181 Mecklenburg Highway. Vladimir Studenets is seeking to rezone his parcel to Conditional Community Commercial (C-CC) for a 0.82-acre site located at 1179 and 1181 Mecklenburg Highway, PIN: 4656338163. This case was a continuation from last month’s Planning Board Meeting. Veronica Bateson presented the rezoning case CZ-2025-09. The applicant Vladimir Studenets spoke on behalf of the case. ACTION: The following motion was made by Laura Temple, seconded by Miko Red Arrow, to recommend denial of CZ-2025-09: “I make a motion to recommend to Town Board to deny CZ-2025-09 because the proposed conditions are not detailed enough for us to consider whether this use is compatible with the existing neighborhood.” Motion carried unanimously. 9.g Consider amendments to Planning Board Rules of Procedure. Town Planning Board to review and adopt the revisions to the Planning Board Rules of Procedure. Staff Attorney Caline Schecter presented amendments to the Planning Board Rules of Procedure. ACTION: A motion was made by Laura Temple, seconded by Michael Cole, to approve the Rules of Procedure. Motion carried unanimously. 10. Administrative Items James Coley updated the Planning Board members on planning cases approved by the Town Board. 11. Adjournment ACTION: A motion was made by Laura Temple, seconded by Miko Red Arrow, to adjourn the meeting at 8:53 pm. Motion carried unanimously. Americans with Disabilities Act (ADA) Statement It is the policy of the Town of Mooresville that all Town public meetings and Town-sponsored public meetings and events are accessible to people with disabilities and to those with difficulties understanding the English language. If you need assistance in participating in this public meeting due to a disability as defined under the Americans with Disabilities Act (ADA), or need other translative services, please call the Town Clerk’s Office at 704-662-3131 or jcrosby@mooresvillenc.gov, or the Town ADA Coordinator at 704-799-4074 or cmckenzie@mooresvillenc.gov, at least three (3) business days prior to the scheduled meeting or event to request an accommodation