June 9, 2025

Minutes Town of Mooresville Board of Adjustment June 9, 2025 4:00 PM - Mooresville Town Hall Present: Andrew Wingo, Matthew Harrow, Mike Jones, and Richard Poore. Absent: Jason Overturf and Michael Famularo Also present: Planning Director Erika Martin, Senior Planner Sandy Howell, Engineer Ashton Walker, Planning Specialist Danielle Upright, Assistant Town Attorney Carey Austin, and Staff Attorney Caline Schecter. 1. Call to Order Mr. Wingo called the meeting to order at 4:04 pm. 2. Chairperson's Welcome and Opening 3. Pledge of Allegiance 4. Postponement or Withdrawal Requests There were no postponements or withdrawals. 5. Consideration of Approval of Minutes 5.a Consider approval of May 12, 2025, Minutes A motion was made by Richard Poore, seconded, by Andrew Wingo to approve the minutes as presented. Motion Carried unanimously. 6. Old Business 6.a Consider Watershed Density Averaging Certificate (WDAC-2025-01) for 106 Bridgewater Lane (Lot 2 Watermark Shopping Center). Jesse Hanlin, Blue Ridge Engineering, PLLC, is requesting a Watershed Density Averaging Certificate (WDAC-2025-01) at 106 Bridgewater Lane for a proposed commercial business. Sworn in for WDAC-2025-01: Ashton Walker Erika Martin Sandy Howell James Surane A motion was made by Richard Poore, seconded by Mike Jones to approve the Watershed Density Averaging Certificate with added conditions listed in staff report as well as additional stormwater control measures. The motion carried with a 3-1 vote. A 15 Minute Recess was called for Assistant Town Attorney to draft Findings of Fact. Meeting resumed at 5:24 p.m. Several changes in Findings of Fact were noted by the board. A motion was made by Mike Jones, seconded by Matthew Harrow to approve the Findings of Fact & decision with noted changes, the same being attached as Exhibit A. Motion carried unanimously. 7. New Business 7.a Consider Watershed Density Averaging Certificate (WDAC-2025-02) for 415 Langtree Road, 196 Mecklynn Road, 122 Mecklynn Road, 115 Mecklynn Road, 143 Village View Drive, 119 Landings Drive and 105 Landings Drive. Brian Long, RL West, is requesting a Watershed Density Averaging Certificate (WDAC-2025-02) at 415 Langtree Road, 196 Mecklynn Road, 122 Mecklynn Road, 115 Mecklynn Road, 143 Village View Drive, 119 Landings Drive and 105 Landings Drive for proposed future commercial development. Sworn in for WDAC-2025-02: Kevin Donaldson-Attorney to the applicant Larry Lockhart-Professional Engineer for V3 Bloc and Design Presley Langford-Landscape Architect for V3 Bloc and Design Mr. Donaldson and Mr. Lockhart presented the case WDAC-2025-02. RECESS 5 MINS. Meeting resumed at 6:20 p.m. George W. Moore was Sworn in to determine standing. The Chair determined member of the public, George W Moore, to not have standing. After some discussion about further needed information, a motion was made by Richard Poore, seconded by Mike Jones to continue until the August BOA Meeting. The motion carried unanimously. 8. Administrative Items Order magnifying glasses. A motion was made by Andrew Wingo, seconded by Mike Jones, to cancel the July meeting due to lack of agenda items. The assistant town attorney suggested some formal procedural additions such as witnesses to approach the podium. 9. Adjournment A motion was made by Andrew Wingo, seconded Richard Poore to adjourn the meeting at 7:14 p.m. 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. [Exhibit A] BOARD OF ADJUSTMENT TOWN OF MOORESVILLE WDAC-2025-01: 106 Bridgewater Lane (Starbucks) In re: ) ) Density Averaging Application ) FINDINGS OF FACT ) AND DECISION B.V. Belk, Jr. & Harriet Belk, ) ) Applicant ) ) __________________________________) On April 14, 2025, the Town Board of Adjustment, sitting as the Town Watershed Review Board (“Board”) conducted a duly advertised and noticed evidentiary hearing on the density averaging application of T. Martin Fridy of MPG Arden, LLC (“Applicant”) on behalf of B.V. Belk, Jr. and Harriet Belk (collectively, “Owner”) to transfer built upon area from a donor parcel to a receiving property utilizing North Carolina General Statute §143-214.5(d2) (“Application”). Jessie Hanlin, on behalf of the applicant, requested a continuance which was unanimously granted by the Board. On May 12, 2025, the Board again met and considered the Application, Staff Report, sworn testimony, and other evidence presented during the hearing; however, due to apparent discrepancies in the presented plats, the applicant requested and received another continuance to June 9, 2025. The Board met and considered the amended plats and other testimony and finds as follows: FINDINGS OF FACT 1. Sandy Howell, Senior Planner for the Town of Mooresville, testified during the hearing and presented a summary of the Planning Department’s written Staff Report, incorporated herein by reference. 2. Applicant and Jessie Hanlin, P.E., of Blue Ridge Engineering, PLLC (and who is the engineer of record on this project) testified during the hearing in support of Applicant’s Application. [Exhibit A] 3. The Application seeks to increase the impervious coverage of the receiving parcel, which will be developed as a Starbucks. This impervious coverage is proposed to be donated from one parcel located on Catalina Road in Mooresville, North Carolina and in the Town of Mooresville’s zoning jurisdiction; however, the exact location of said parcel remains undetermined. 4. The proposed donor parcel (“Donor Parcel”) will consist of 0.380 acres subdivided from Town of Mooresville Parcel # 4646525075 located on Catalina Drive in Mooresville, North Carolina. 5. The proposed receiving parcel (“Receiving Parcel”) is Town of Mooresville Parcel # 4646623841 (0.89 acres) located at 106 Bridgewater Lane in Mooresville, North Carolina. 6. Both the Receiving Parcel and the Donor Parcel are located in the WS-IV Catawba- Lake Norman Critical Area. Accordingly, all parcels at issue are located within the same water supply watershed, as required by NCGS §143-214.5(d2)(1). Both parcels are also within the Town of Mooresville town limits. 7. The Receiving Parcel will not exceed the approved density and will meet stormwater controls, as the property is being developed in accordance with Town zoning, development standards, and stormwater requirements. As required by NCGS §143-214.5(d2)(2), overall project density will meet applicable density or stormwater control requirements under 15A NCAC 2B.0200. 8. Vegetated buffers on the Receiving Parcel and the Donor Parcel will meet the minimum statewide water supply watershed protection requirements of NCGS §143-214.5(d2)(3) as will be required before Site Plan approval. 9. Because the Receiving Parcel is being developed in accordance with Town of Mooresville zoning and development standards, stormwater runoff will be managed in accordance with those standards. Accordingly, as required by NCGS §143-214.5(d2(4), built upon areas will be designed and located to minimize stormwater runoff impact to the receiving waters, minimize concentrated stormwater flow, maximize the use of sheet flow through vegetated areas, and maximize the flow length through vegetated areas. 10. The Donor Parcel is located closer to the surface water of Lake Norman and identified streams than the Receiving Parcel. Accordingly, as required by NCGS §143- 214.5(d2)(5), the areas of concentrated density development for this project are located in upland areas and, to the maximum extent practicable, away from surface waters and drainage ways. 11. The Application materials and testimony on behalf of the Applicant indicate Applicant’s intent to comply with NCGS §143-214.5(d2)(6), although the details concerning how compliance can and will be achieved for this project remain unclear. [Exhibit A] 12. The development proposed for the Receiving Parcel is high-density. Accordingly, the requirement set forth in NCGS §143-214.5(d2)(7) is not applicable. A storm Tech Chamber System will be installed and utilized for underground stormwater retention. 13. Exhibit 2 as presented at the hearing on June 9, 2026 has been relied on in this decision as proper depiction of the properties at issue. Decision 13. Based on the application, staff report, the evidence and testimony submitted, and the foregoing findings of fact, all of which are incorporated fully by reference herein, the Town Watershed Review Board, by a vote of 3 for and 1 against, hereby grants the Application, upon the following conditions: 1. Owner must demonstrate compliance with the requirement of NCGS §143- 214.5(d2)(2) that overall project density will meet applicable density or stormwater control requirements under 15A NCAC 2B.0200. 2. Prior to Site Plan approval, the 0.380 acres to be designated as the Donor Parcel shall be identified, approved by the Planning Director, separated or subdivided from the larger parcel, if necessary, platted with an exact location and metes and bounds description, the same to be recorded in the Iredell County Registry and steps taken to ensure it remains in a vegetated or natural state in perpetuity for the benefit of the Receiving Parcel as further provided herein. 3. Prior to site plan approval, Applicant must demonstrate compliance with NCGS §143-214.5(d2)(6) via either: a. a fee simple conveyance of the Donor Parcel to the Town of Mooresville for use as a local government park or greenway and recorded as such with appropriate metes and bounds description and irrevocable conditions that said use(s) be the only uses for said property in perpetuity, or b. a fee simple conveyance containing appropriate deed restrictions or appropriately platted dedication with appropriate recorded restrictions to a homeowners’ or property owners’ association to be maintained and preserved in a vegetated or natural state in perpetuity; or c. placing the Donor Parcel under permanent conservation easement with a non-profit agency not associated with the Applicant or Owner whose primary purpose is land conservation. 4. Stormwater control measures shall be designed for all impervious area as shown on the final site plan and as approved by town staff. [Exhibit A] 14. Owner is advised that it must coordinate with the Town of Mooresville Planning Department with respect to demonstrating its compliance with the conditions set forth above. 15. This decision is effective upon distribution to the parties and filing of this decision with the Town Clerk. ______________________________ ______________ Andrew Wingo, Board of Adjustment Chair Date