September 24, 2024

Minutes Town of Mooresville Planning Board September 24, 2024 6:00 PM - Mooresville Town Hall Present: Mark Brady, Jeremy Katz, Michael Cole, Steve McGlothlin, Rosalind Campbell, Laura Temple, Gregory Peretz, and Michelle Marckwardt. Absent: Shaun Hooper Also Present: Planning & Community Development Director Erika Martin, Senior Planner David Cole, Staff Attorney, Caline Schecter, and Clerk Danielle Upright. 1. Call to Order Chair Steve McGlothlin called the meeting to order at 6:00 p.m. 2. Pledge of Allegiance 3. Chairperson's Welcome and Opening Chair McGlothlin welcomed the Planning Board and guests and opened the meeting. 4. Public Comment Jack Benyon-263 Beaten Path Dr. Expressed concern about the rapid growth in Mooresville. 5. Adjustments to the Agenda ACTION: A motion was made by Mark Brady, seconded by Rosalind Campbell, to remove item 8.a. CZ-2023-03 (Brumley Farms) from the Planning Board Agenda. Motion carried: 7-0 vote 6. Adoption of the Agenda ACTION: A motion was made by Jeremy Katz, seconded by Michelle Marckwardt, to approve the agenda. Motion carried: 6-1 vote. 7. Consideration of Approval of Minutes No minutes were available for approval. 8. Old Business *This item was removed from the agenda* 8. a Continued agenda item from the Planning Board meeting held on August 27, 2024: Consider Conditional Rezoning Request CZ-2023-03 for 58.4-acre sites located at 1304 Oakridge Farm Highway & 1854 Landis Hwy (Brumley Farm). The applicant is requesting Conditional Residential Low Intensity (C-RLI) zoning. 9. New Business 9. a. Consider Conditional Rezoning Request CZ-2024-08 for a 125.3-acre site located at 2255 Statesville Highway (Millsaps Farm Village). The applicant is requesting Conditional Residential General (C-RG) and Conditional Community Commercial (C-CC). The property owners are seeking Conditional Residential General (C-RG) and Conditional- Community Commercial (C-CC) for a 125.3-acre site located at 2255 Statesville Highway (Millsaps Farm Village) (PINs 4668014837, 4668022377, 4668028884, 4668036082, 4668029301, 4668131112, 4668132165, 4668133391, 4668135112, 4668137113, 4668225573, 4668215820, 4668115908, 4668123692, 4668127613, 4668127459, 4668135061, 4668025719, 4668210204, 4668127538). The property is currently zoned Residential Low Intensity (RLI), Community Commercial (CC), and Industrial (IN). David Cole presented the staff report: The applicant is proposing a mixed-use development called “Millsaps Farm Village,” to consist of single-family homes, townhomes, and five out parcels accommodating roughly 56,700 square feet of commercial space. The case was heard recently but the developer made an error in the original conditions list, and accidentally represented that there would be 319 units, when the total count should be 343. The overall residential density proposed will not exceed 343 units, and the proposed concept plan and other conditions will remain unchanged. This requires a new hearing and planning board recommendation before the proposal can go to Town Board. A neighborhood meeting was held in person on April 18, 2024, at 6:00 p.m. at Selma Burke Center in Mooresville. Mr. Cole stated that the staff recommends approval of CZ-2024-08. The developer Nate Bowman spoke on behalf of the changes made to the original approval. Public Comment was made by: • Richard Beck spoke against this project due to overgrowth within the town. • Jack Benyon spoke against this project due to overgrowth within the town. Staff Attorney, Caline Schecter asked the developer Nate Bowman if they agreed to the 14 conditions that were presented in the original rezoning case. Mr. Bowman agreed to the conditions. ACTION: A motion was made by Michael Cole, seconded by Mark Brady to recommend approval to the Board of Commissioners for the Conditional Rezoning. Motion carried: 8-0 vote. 9. b Consider Planned Development Request PD-2024-01 for a 98.17-acre site located at 1740/1814 Mecklenburg Highway (Cadia Mooresville). The request is to rezone from Residential Low Intensity (RLI) and Corridor Mixed Use (CM) to Planned Development District (PD). Well Pappas Mooresville Landowner LLC; G&M Partners LLC is to rezone a 98.17-acre site located at 1740/1814 Mecklenburg Highway (Cadia Mooresville) (PINs 4655102752, 4655023300). The property is currently zoned Residential Low Intensity (RLI) and Corridor Mixed Use (CM). The request is to rezone to Planned Development (PD). David Cole presented the staff report: The applicant is proposing a significant Planned Development District previously named “Cadia Mooresville” but recently changed to “Mooresville Village.” The development is proposed to consist of up to 625 residential units, and up to 279,000 commercial square feet. The developer was originally proposing a transit bonus of additional residential units (up to 875 units) and additional commercial but this has since been dropped from the request. Residential uses will consist of single-family detached dwellings, cottage development, multifamily dwellings, and townhomes. A mix of commercial uses is also proposed, including retail (including a new grocery use), restaurants, bank/financial institutions, offices, and potentially a hotel. A virtual neighborhood meeting was held on August 28, 2024. This project is subject to a Final Developer Agreement which is still in the process of being completed. Mr. Cole presented staff recommendations for the Development Agreement: • Additional Lake Loop along Bridges Farm. • Convey 1 acre for a future transit stop to Town, with no revocation. • Commit to uses per phase, and update development timing. • Other requested language clarifications. It was noted that the proposed project with be divided into 4 Phases. Mr. Cole stated that the staff recommends approval of the rezoning PD-2024-01. The developer presented and answered questions about the proposed rezoning. • Steve Mcleod • Peter Pappas • Jim Shumaker • Francis Fennell-Engineer Public Comment was made by: • Richard Beck spoke against this project. • Jack Benyon spoke against this project. • Angie Radel spoke against this project. ACTION: A motion was made by Jeremy Katz, seconded by Mark Brady to recommend approval to the Board of Commissioners for rezoning PD-2024-01. Motion carried: 5-2 vote. 9. c Consider Text Amendment TA-2024-07: Amendment to the Unified Development Ordinance for Batch 3 Amendments. Amendments to the Unified Development Ordinance regarding permit choice, change of use, traffic impact analysis, street connectivity, tree protection, changes in use standards (kennels, data/centers, restaurants/bars, community services, and manufactured homes), modification of design standards, shared driveways, downtown signage, and other minor modifications. Erika Martin presented the 16 Text Amendment changes to the UDO, with the removal of restaurants and bars per the Town Manager. These changes are: 1. Change of Use-This change would simplify the process for businesses opening in existing commercial spaces. 2. Traffic Impact Analysis-Allows a slightly greater trip threshold for non-residential projects with a low traffic impact. 3. Tree Protection-Allows the use of visible fencing to protect trees and reduces re- planting and provides a replacement cap. 4. Date Centers-Clarifies that in the Industrial (IN) zoning district data centers are not restricted on size and can utilize industrial form standards. 5. Kennels & Pet Boarding-New kennels & pet boarding businesses will require Conditional Zoning for approval and allow the Town Board to set site contextual buffers. 6. Community Services- (i.e. churches)- Classifies Community Services as variable parking. 7. EV Charging- Town projects to be EV-ready versus requiring installation of EV charging stations. 8. Manufactured Homes-Phases out manufactured homes in downtown Mooresville and prevents new manufactured parks from establishing in Residential Limited Service (RLS). 9. Shared Access-Allows very small subdivisions on collector roads to utilize shared driveways versus loop driveways. 10. Permitted Encroachments- Allows covered/enclosed porches and patios to encroach by 15’ in rear yards. 11. Connectivity-Allows connectivity to existing streets to be waived in certain circumstances. 12. Access Points-Updates ordinance to reference Fire Code for the number of required access points. 13. Administrative Manual- Replaces references to an administrative manual due to the existence of our online portal. 14. Permit Choice- Allows projects in process to select newly adopted rules mid-process versus all old rules or all new rules. 15. Erosion & Sediment Control- Incorporates previously approved text regarding Erosion and Sedimentation Control. Town staff recommends approval to the Town Board of Batch #3 Text Amendments. Public comment-Sharon Effer (142 Clodfelter Road)-Spoke in public comment on street connectivity. ACTION: A motion was made by Gregory Perez, seconded by, Laura Temple to approve the Batch 3 Text Amendments. Motion carried: 7-0 vote. 10. Administrative Items Mrs. Martin spoke on the proposed affordable housing text amendment, which Planning Board had recommended denial of in August. She stated that the Town Board decided to set deed restrictions at a minimum of 7 years, and up to 150 AMI, but adopt the request The Board would also like affordable housing to be known as attainable housing. October’s Planning Board will have two rezoning cases and a Text Amendment change. 11. Adjournment ACTION: A motion was made by Mark Brady, seconded by Jeremy Katz to adjourn the meeting at 8:11 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.