NC - Sanford: REGULAR MEETING

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REGULAR MEETING

CITY OF SANFORD PLANNING BOARD REGULAR MEETING

Tagged Passions:planning

TUESDAY, APRIL 17, 2018, 6:00 PM Sanford Municipal Center, 225 E. Weatherspoon St. West End Conference Room

CALL TO ORDER 6:00 PM (or after all of the public hearings have been held with the City Council)

Tagged Passions:hearing and council

Introduction by Chairman: The Sanford Planning Board is an advisory council on matters relating to land development and long range planning and

provides recommendations to the Sanford City Council. All information relevant to each case should have been presented during the public hearing. The Planning Board may ask for clarification of information received during the public hearing, but may not receive new information. Recommendations made this evening will be presented to the Sanford City Council for consideration on May 1, 2018.
Tagged Passions:hearing, council, development, planning, and Development

A. APPROVAL OF AGENDA B. APPROVAL OF MINUTES (November 21, 2017) C. DISCLOSURE OF CONFLICT OF INTEREST D. OLD BUSINESS (None) E. NEW BUSINESS

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PUBLIC HEARINGS WITH THE SANFORD CITY COUNCIL TO CONSIDER ZONING A MAP AMENDMENT (REZONING) APPLICATION AND UDO TEXT AMENDMENTS

Tagged Passions:hearing, council, UDO, and zoning

1. REZONING APPLICATION

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Application by Wynnefield Properties, Inc. to rezone a 5.00 acre + portion of a 15 acre + tract of land addressed as 1732 Westover Drive, from

General Commercial (C-2) to the Mashburn Property Multi- family Conditional Zoning District to allow for the development of an apartment community. The property is the same as depicted on Lee County Tax Map 9631.02 and 9631.01 as Tax Parcel 9631-56-2403-00 Lee County Land Records and is illustrated as Tract 3 on a survey map recorded in Plat Cabinet 9, Slide 79E of the Lee County Register of Deeds Office.
Tagged Passions:taxes, commercial, property, Taxes, development, Development, and zoning

2. UDO TEXT AMENDMENT Consider restricting the land use category boarding house/room renting as an option in the permitted use matrix

Tagged Passions:UDO

3. UDO TEXT AMENDMENT Consider adding language to the subdivision regulations to clarify that all proposed lots that would require a private septic

system in order to be developed must be approved by either a soil scientist or the Lee County Environmental Health Department prior to the plat being recorded.
Tagged Passions:UDO, subdivision, health, environment, regulation, and zoning

4. UDO TEXT AMENDMENT

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Text amendment on major update to the Sign Ordinance as a result of US Supreme Court decision (joint presentation with Susan Patterson, Sanford City

Attorney) regulations with new sign regulations)
Tagged Passions:legal, ordinance, regulation, and court

5. CONSIDERATION OF A PRELIMINARY PLAT (No public hearing required)

Tagged Passions:hearing and zoning

Preliminary plat labeled Clearwater Drive Residential Development off of Clearwater Drive for a 22 lot residential subdivision located within the

City of Sanford s ETJ with public streets (NCDOT), public water (City) and private individual septic systems on each lot.
Tagged Passions:streets, Utility, development, subdivision, Development, utility, zoning, and water

F. OTHER BUSINESS G. REPORTS

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1. Actions by City Council H. ADJOURNMENT

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*** LARGE MAPS/PLATS INSERTED AT BACK OF AGENDA***

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MINUTES OF THE REGULAR MEETING OF THE CITY OF SANFORD PLANNING BOARD

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SANFORD, NORTH CAROLINA

The City of Sanford Planning Board met in regular session at the Sanford Municipal Center, 225 E. Weatherspoon Street, in the West End Assembly Room

on Tuesday, November 21, 2017. The meeting was called to order at 7:00 PM.
Tagged Passions:streets and planning

ROLL CALL

Members Present: Fred McIver, Chair Ken Britton, Vice-Chair

Tom Joyner Richard Oldham Dick Poletti Robert Smith Ed Ashburn, Alternate

Members Absent: Jane Smith, Alternate

Staff Present: Clerk to the Board Angela Baker; and Amy McNeill, Zoning Administrator

Tagged Passions:administrator and zoning

MEETING CALLED TO ORDER

Having noted the presence of a quorum, Chair McIver called the meeting to order.

APPROVAL/DISAPPROVAL OF AGENDA

Chair McIver entertained a motion to approve the agenda. Moved by Vice-Chair Britton, seconded by Board member Oldham, and carried unanimously.

APPROVAL/DISAPPROVAL OF PREVIOUS MINUTES

Chair McIver entertained a motion to approve the minutes of the September 19, 2017, meeting. So moved Board member Oldham, seconded by Board member

Joyner, the motion carried unanimously.

DISCLOSURE OF CONFLICTS OF INTEREST

Chair McIver asked each Board member to disclose any conflicts of interest in the cases to be presented. There were none.

Planning Board Minutes Ryder Downs Nottingham Subdivision, Phase 4 11/21/2017 2

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NEW BUSINESS:

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1. Rezoning Application

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Application by Ryder Downs, LLC to rezone 50.11 acres from the current zoning of Ryder Downs Apartments Lakeview Townhomes MF-12 Multi-family

Residential Conditional Zoning District (Revision 3) to Ryder Downs Apartments Lakeview Townhomes MF-12 Multi-family Residential Conditional Zoning District (Revision 4) to allow for the portion of Ryder Lake Drive that serves the townhomes in Phase Four at the rear of the project to be a private drive as opposed to a public street until such time that the developer would like to create the townhome lots and dedicate the street as public as originally proposed and approved. At this time, the developer would like the option to maintain ownership of all the townhome units and the one large tract of land on which they are being developed as one large multi-family project as opposed to being required to create individual townhome lots and dedicate this portion of Ryder Lake Drive as a public street as per the approved design. The design was originally approved in October of 2006 with revisions and approved in January of 2015 and January of 2016. The subject property is located along the west side of Pendergrass Road, just north of the intersection of Belford Drive and includes property formerly addressed as 1718 and 1726 Pendergrass Road and currently addressed as 500-583 Ryder Lake Drive, 100-328 Saddlebrook Drive and 400-478 Trotter Drive. The subject property is the same as depicted on Tax Map 9631.01, Tax Parcel 9631-36-385700, Lee County Land Records Office.
Tagged Passions:taxes, property, Taxes, and zoning

Decision

Following the discussion, Board member Britton made a motion to approve the rezoning, Board member Poletti, seconded the motion, and the motion

carried unanimously
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2. Preliminary Major Subdivision Plat

Tagged Passions:subdivision and zoning

Revised preliminary plat labeled Nottingham Subdivision, Phase 4 , off of Burns Drive.

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Decision

Following the discussion, Board member Oldham made a motion to approve the Preliminary Major Subdivision Plat, seconded by Board member Joyner, and

the motion carried unanimously.
Tagged Passions:subdivision and zoning

REPORTS

1. Actions by City Council

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Planning Board Minutes Ryder Downs Nottingham Subdivision, Phase 4 11/21/2017 3

Tagged Passions:subdivision and planning

ADJOURNMENT

With no further business to come before the Board, Board member Oldham made a motion to adjourn. Seconded by Board member Smith, the motion carried,

and the meeting was adjourned at 8:00 P.M.
Tagged Passions:business

Adopted this day of , ____________.

BY: Fred McIver, Chairman

ATTEST:

Angela M. Baker, Clerk

564-01

Sanford City Council and Sanford Planning Board Public Hearing Information

Tagged Passions:hearing, council, and planning

Application 564-2015-01 to Amend the City of Sanford Zoning Map Public Hearing Date: April 17, 2018

Tagged Passions:hearing and zoning

APPLICANT: Wynnefield Properties, Inc

PROPERTY OWNER: Mashburn Estate, LLC

Tagged Passions:property

REQUEST: Rezone from General Commercial (C-2) to Mashburn Property Multi-

Tagged Passions:commercial, property, and zoning

family Conditional Zoning District to allow for the development of a multi-family apartment community.

Tagged Passions:development, Development, and zoning

LOCATION: The subject property is a 5.00 acre + portion of a 15 acre + tract of land

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addressed as 1732 Westover Drive

TOWNSHIP: West Sanford

TAX PARCEL NO.S: 9631-56-2403-00 (portion of), as depicted on Tax Map 9631.02

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and 9631.01.

ADJACENT ZONING: North: Residential Single-family (R-20) South: Multi-family (MF-12) and Residential Restricted (RR), Opposite Pendergrass Rd East:

General Commercial (C-2), balance of the tract not included in the request, Residential Restricted (RR) for one adjoining lot, and Highway Commercial (HC), opposite US Hwy 1/Jefferson Davis Hwy West: Residential-Mixed (R-12)
Tagged Passions:commercial and zoning

Introduction The conceptual civil and architectural plans for the multi-family apartment community associated with this rezoning request have been

reviewed by the Sanford/Lee County Technical Review Committee (TRC). Upon review of the information provided, the developer decided to pursue the rezoning of the subject property and the development of this project via the conditional zoning process and has therefore submitted this rezoning request for your consideration.
Tagged Passions:property, development, Development, and zoning

Site and Area Description The parcel is located in the northwestern quadrant of Pendergrass Road and Westover Drive in the Tramway area. The subject

property is a vacant 5.0 + acre portion of a 15 acre + tract of land. A portion of this tract of land not included within the rezoning request is currently developed as the Shed Depot at1732 Westover Drive.
Tagged Passions:streets, property, and zoning

Utilities This site has access to public water, but public sanitary sewer must be extended in order to serve the site. The proposed apartment

community will utilize both pubic water and sewer. As a general rule, any/all new development must comply with the rules regulations of the Sanford Public Works Department regarding the extension of and/or connection to public utilities.
Tagged Passions:Utility, Public Works, development, Development, utility, regulation, public works, sewer, and water

564-01

Existing Zoning and Land Uses The adjoining property to the north is zoned Residential Single-family (R-20) and is part of the Dogwood Acres

residential subdivision with one lot being developed with a single- family home addressed as 1660 Dogwood Acres Drive and one lot being undeveloped. The adjoining property to the west is zoned Residential-Mixed (R-12) and is developed as Woodland Heights apartment community. The adjoining property to the west that is the balance of the same parcel is zoned General Commercial (C-2) and is developed with a commercial building addressed as 1732 Westover Drive that is occupied by the Shed Depot, an accessory building sales business. The property opposite Westover Drive and US Hwy 1/ Jefferson Davis Hwy from the entire 15 acre parcel is located within the jurisdiction of Lee County, is zoned Highway Commercial (HC), and is developed with a small office building occupied by McLeod Realty. The property located opposite Pendergrass Road that is within the City of Sanford is zoned Multi-family (MF-12), vacant, and currently posted with a For Sale sign. The property located opposite Pendergrass Road that is within Lee County is zoned Residential Restricted (RR) and is developed with single-family homes addressed as 1852 and 1900 Pendergrass Road. There is also a 0.29 acre lot that adjoins the large 15 acre parcel that is within Lee County that is zoned Residential Restricted (RR) and is vacant.
Tagged Passions:commercial, property, subdivision, zoning, sale, and business

General Commercial (C-2) district is established to provide areas for general commercial activities designed to serve the community such as shopping

centers, repair shops, wholesale businesses, and retail sales with limited outdoor display of goods and limited outdoor operations. This district promotes a broad range of commercial operations and services necessary for large regions of the County, providing community balance. C-2 zones should be located on or within proximity to major thoroughfares. The dimensional requirements of the C-2 district include a minimum lot width of 50 feet, a minimum lot depth of 100 feet (which creates a minimum lot size of 5,000 square feet), with principal building setbacks of 10 feet from any street right-of-way and the required landscape buffer yard width determining the required rear and side yard setbacks as measured from the property lines. There is no maximum building height in C-2. A list of permitted uses for the C-2 district is included within the agenda for your reference.
Tagged Passions:buildings and grounds, streets, commercial, property, services, sale, and business

Staff Analysis The Mashburn Property Multi-family Conditional Zoning District is a Type 1 Conditional Zoning District, which is a stand-alone

district with it s own unique conditions. This type of zoning district is most suitable in situations where the current zoning districts do not accommodate the desired use(s) and where the owner/developer has a clear vision as to how the property is to be developed. As such, applications for a Type 1 district require that a site plan and architectural elevations be included and the information is legally binding on the land; therefore, the site has to be developed as per the approved plans even if a property transfer were to take place.
Tagged Passions:property, strategic, and zoning

The following conditions/information has been included as part of the rezoning application:

Tagged Passions:zoning

The site is to be developed as a multi-family apartment home community. The project will not be developed in phases (developed all at one time).

Density will not exceed 80 apartment units (16 units per acre).

The UDO multi-family zoning district of MF-12 allows 12 units per acre.

Tagged Passions:UDO and zoning

564-01

There will be a total of three 3-story apartment buildings, a one-story clubhouse, and an enclosed dumpster/recycling area.

Tagged Passions:recycling

Site amenities include a playground and picnic shelter. There are two types of three-story apartment buildings. There will be a 20ft building setback

from the exterior property lines.
Tagged Passions:property and parks

The UDO multi-family zoning district of MF-12 requires a minimum building setback of 20ft from the exterior property line.

Tagged Passions:property, UDO, and zoning

The site is designed with open space in the interior of the site. The UDO requires 10 open space for projects with 250+ units.

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All utility lines will be placed underground, unless evidence can be provided to the City (staff) that it is physically impossible and an undue

hardship.
Tagged Passions:Utility and utility

Site lighting will be provided for security. No sidewalks is proposed to be installed along the public street (Pendergrass Rd.)

Tagged Passions:streets, Pedestrian, and security

The UDO requires multi-family projects to install sidewalks in combination with curb gutter along the public streets which provide access to the

development.
Tagged Passions:streets, development, UDO, Pedestrian, and Development

The landscaping will meet or exceed the standards of the UDO. The building design appears to have a traditional architectural style, with a

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combination of brick (veneer), fiber cement siding (horizontal) and fiber cement shake siding on the exterior of the buildings. The main roofing

material will be architectural shingles. The color will comply with the UDO standards for development along main corridors.
Tagged Passions:Telecommunications, development, UDO, corridor, telecommunications, and Development

Please reference the attached conceptual civil drawing set and the architectural elevations for this project for additional information regarding

this project/conditional rezoning request.
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Transportation The project will have one main point of access off of Pendergrass Road that will be designed to be a main driveway with a parallel

emergency fire access. Pendergrass Road (SR 1334) is an NCDOT maintained public road with a 60ft right-of-way in the area of the subject property. The developer must comply with the rules regulations of the appropriate governing agency regarding the driveway connections to the public streets. Per the NCDOT TRC review comments, the proposed driveway connection location is acceptable. At this time, no roadway improvements would be warranted for this development based on the current Annual Average Daily Traffic counts on Pendergrass Road. However, if the project is not developed within the near future, then NCDOT will need to take another look at the traffic in the area at that time of development to determine if improvements are warranted. A Driveway Permit and any necessary encroachments for work in DOT right-of-way will be required. Regarding current transportation plans:
Tagged Passions:streets, property, public safety, development, encroachment, Development, transportation, regulation, traffic, and emergency

The 2007 Lee County Comprehensive Transportation Plan Highway Map illustrates Pendergrass Road as an existing boulevard that needs improvement.

Tagged Passions:streets and transportation

The NCDOT 2012 Traffic Study reports 4,000 vehicle trips per day on Pendergrass Road, approximately 750 feet southeast of the site (between Westover

Drive and the McDonalds Driveway on Pendergrass Road.).
Tagged Passions:restaurants, streets, and traffic

Environmental Local Overlay Districts The subject property is not located within a Watershed Conservation Overlay District, a Flood Hazard Area, the

421 Bypass Corridor or a designated Historic District. There are
Tagged Passions:property, corridor, flooding, watershed, Conservation, historic, and environment

564-01

no environmentally sensitive areas illustrated on the site plan for this project. The developer is responsible for complying with any/all state and

federal regulations regarding existing environmental conditions.
Tagged Passions:environment and regulation

Development Standards If the conditional zoning district is approved, the site must be developed in the manner approved by the boards and only the

uses permitted in the Mashburn Property Multi- family Conditional Zoning District and other uses typically associated with multi-family development would be permitted.
Tagged Passions:property, development, Development, and zoning

Conformance with the Sanford/Lee County 2020 Land Use Plan The 2020 Land Use Plan Map identifies the subject property as being within an

Interchange/Highway Node, which is a land use classification identifying a major mixed use area of retail/service center of over 200,000 square feet with additional major office and business park employment. Development at a highway node should be sited and designed as a community gateway.
Tagged Passions:property, development, gateway, employment, parks, Development, and business

Public Information Meeting A public information meeting was held on April 11, 2018 to allow for discussion of this proposed rezoning. There were two

project representatives, the property owner (Roy Mashburn, Jr.) and Planning staff in attendance. No citizens attended. Staff did receive a phone call from an Owl s Nest resident who has an existing sanitary sewer line going through her property that has an occasional unpleasant odor who expressed concern about the smell possibly being created by the inability of the existing sewer lines being able to handle capacity and that new development might add to the problem. Planning staff discussed this matter with the City Engineering Dept. and verified that the existing sanitary sewer capacity and lines in the area can handle the additional development and that the smell is a separate matter. Planning staff has forwarded the contact information for the resident to the City Engineering Dept. for follow-up.
Tagged Passions:property, Utility, development, planning, Development, utility, zoning, and sewer

Recommendation from Planning Development Staff Planning Development staff recommends that the boards support rezoning the subject property from

General Commercial (C-2) to Mashburn Property Multi-family Conditional Zoning District as it appears to be a continuation of a multi-family development trend in the area and the subject property is a 5.0 + acre portion of an existing 15 + acre tract and is located to the rear of the large tract of land, which allows 10 + acres of commercial (re)development with road frontage. Also, the request to rezone appears to be reasonable and in the public interest based on the character of the area and the availability of public utilities.
Tagged Passions:commercial, property, Utility, development, planning, Development, utility, and zoning

Recommendation from the Planning Board The recommendation from the Planning Board should include language describing whether its action is consistent

with an adopted comprehensive plan (the 2020 Land Use Plan) and any other officially adopted plan that is applicable and other matters as deemed appropriate by the board. The board may also include language briefly explaining why it considers the recommendation to be reasonable and in the public interest.
Tagged Passions:strategic and planning

abean Polygon

abean Text Box SUBJECT PROPERTY

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abean Callout Westover Drive

abean Callout US Hwy 1 / Jefferson Davis Hwy

abean Polygon

abean Text Box SUBJECT PROPERTY

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abean Callout US Hwy 1 / Jefferson Davis Hwy

abean Callout Westover Drive

C 2 Permitted Uses Page 1

C-2, GENERAL COMMERCIAL ZONING DISTRICT Please note: This list was created by Sanford/Lee County Planning Development staff as a summary of the

permitted land uses within a specific zoning district and is intended for general informational purposes. Staff makes every effort to ensure that the information provided is accurate and up-to-date; however, it is recommended that you verify with Planning Development staff that the proposed use is permitted within the specific zoning district and discuss any/all development requirements prior to pursuing a project. This information is applicable for the jurisdictions of the City of Sanford, Lee County and the Town of Broadway in North Carolina.
Tagged Passions:commercial, development, planning, Development, and zoning

USES PERMITTED BY RIGHT The uses listed below are permitted by right, subject to any/all other applicable standards of the Unified Development

Ordinance (for example, parking requirements).
Tagged Passions:ordinance, development, UDO, parking, and Development

Accessory Uses Accessory uses (See Section 5.1) Accommodations and Group Living Boarding House/Room Renting Dormitories for the students of colleges,

commercial schools, staff of hospitals Group Home/Residential Care Facility, Level I Group Home/Residential Care Facility, Level II Nursing, Supervision, Adult Care Homes, Group Care Facilities and other rehabilitative services General Sales or Service ABC Store (liquor sales), incorporated area only Administrative Services, Travel Arrangement and Reservation Services, Investigation and Security Services (locksmiths) Agricultural equipment, sales and service Antique Shops Appliance Sales, Repair and Maintenance (no outside storage) Art dealers, supplies, sales and services Auction sales, general merchandise (no vehicular sales) Bakeries, retail, including manufacturing of goods for sale on the premises only Bicycle (non motorized) Sales and/or Repair Books, Magazines, music, etc. Camera and Photographic Supplies Clothing, Jewelry, Luggage, Shoes, etc. Computer and Software Sales Consumer goods, not otherwise listed Convenience stores, without gas sales Convenience stores, with gas sales Consignment Shops, Used Merchandise Store (not otherwise listed) Dry cleaning and laundry
Tagged Passions:university, commercial, arts, education, services, information technology, Bicycles, auction, agriculture, alcohol, equipment, travel, students, hospital, bicycles, Information Technology, sale, facility, security, and healthcare

C 2 Permitted Uses Page 2

Electronic equipment (small), sales and service Farm, Landscape, and Garden Supply Sales (feed, seed, fertilizer, farm hardware, lawn furniture,

mulch, fencing, fountains, statuaries, and other incidental sales of products or related items) (with indoor storage) Farm, Landscape, and Garden Supply Sales (feed, seed, fertilizer, farm hardware, lawn furniture, mulch, fencing, fountains, statuaries, and other incidental sales of products or related items) (with outdoor storage) Farmers Markets and market shops, including open markets Finance and Insurance Services (Bank, Credit and Finance, Insurance-related) Flea markets (indoors) Florist Furniture or home furnishing sales Gasoline stations Grocery stores and Supermarkets (less than 25,000 sq. ft. GFA) Grocery stores and Supermarkets (more than 25,000 sq. ft. GFA) Hardware, home centers, lumber yard, heating and plumbing etc., outside storage Hardware, home centers, lumber yard, heating and plumbing etc., inside storage Heavy Equipment, sales and service Leasing/Rental Recreational Goods (Furniture, Party Supplies, Sporting Goods) Leasing, Commercial and Industrial Machinery and Equipment Gun shops and Gunsmiths Mail order or direct selling establishments / Electronic Shopping and Mail-Order Houses Medical equipment sales, rental or leasing Monument and cut stone sales Motion picture, Video and Audio Production Motorcycle, Motorized Scooters, ATV Sales and/or Leasing/Rental (Indoor display) Motorcycle, Motorized Scooters, ATV Sales and/or Leasing/Rental (Outdoor display) Motor Vehicle Parts, Accessories, Tire Sales, enclosed building only Motor Vehicle, Motorcycle, ATVs, Boats, RVs, etc., repair and service Nurseries and greenhouses, commercial (See Section 5.25) Office building (general) Palmistry services, Fortune Tellers, Astrologers Pawnshops (as defined by NCGS 91A-2) Personal Services (e.g. nail salons, barbers, shoe repair, and similar establishments), not otherwise listed Pet store or pet supply store Pharmacy or drugstore, without drive through facility Pharmacy or drugstore, with drive through facility Printing and Publishing Services Professional Services (Legal, Accounting, Architectural, Graphic, Consulting Services, Research and Development, Advertising, etc.) Real Estate, Sales, Rental Leasing Repair of any goods, equipment or vehicles, the manufacture, assembly or sales of which are permitted in that zoning district
Tagged Passions:leasing, buildings and grounds, legal, pets, commercial, services, monuments, ATV, Gun Control, development, pharmacy, boating, grocery, rental, advertising, farmers market, agriculture, gun control, equipment, industrial, market, Development, finance, insurance, recreation, zoning, sale, and facility

C 2 Permitted Uses Page 3

Restaurants, with drive-in or drive-through facilities Restaurants, no drive-in or drive-through facilities Retail sales or service establishments,

not listed elsewhere, and conducted within an enclosed building Services to buildings and dwellings (Extermination, Janitorial, Landscaping, Carpet and Upholstery cleaning, Packing and crating, etc.), no outside storage Services to buildings and dwellings (Extermination, Janitorial, Landscaping, Carpet and Upholstery cleaning, Packing and crating, etc.), with outside storage Shopping Center, less than 25,000 sq. ft. Sporting goods, toys, and hobby sales, excluding guns and gunsmiths Tattoo Parlor/Tattoo Studio and/or Body Piercing Tobacco or Tobacconist Upholstery and furniture refinishing Wholesale trade, generally, with operations conducted and merchandise stored entirely within a building and not otherwise listed Industrial Manufacturing Uses Contractors offices/shop without outdoor storage areas Paper and Printing materials manufacturing Pottery Manufacturing Sales Sign manufacturing Warehouse structures, generally Arts, Recreation Entertainment Aquarium or Planetarium Amphitheater Art galleries Botanical gardens arboreta Bowling alley Exhibition, convention, or conference structure Fitness and recreational sports, gym, health spa, reducing salon, swimming pool/auditorium, racquet club or athletic club (not otherwise listed) Golf driving ranges Golf, miniature Movie Theater Museums and art galleries Outdoor stage, bandstand, or similar structure (maximum 3,000 sq. ft.) Parks, playgrounds, and athletic fields, operated on a noncommercial basis Performance Theaters (outdoor) Performance Theaters or auditoria (indoor) Recreation activities, commercial indoor, not otherwise listed Skating Rink Ice or Roller Skating Sports stadiums or arenas Studios for artists, designers, musicians, photographers, sculptors, woodworking (not as home occupation) Zoos
Tagged Passions:restaurants, streets, commercial, arts, services, trade, Gun Control, golf, stadium, gun control, body art, tobacco, conventions, health, athletics, museums, sports, parks, industrial, recreation, zoo, sale, performance, and materials

C 2 Permitted Uses Page 4

Education, Public Administration, Health Care, and Institutional Civic, Social, and Fraternal Organizations, including community centers, meeting

halls, community halls, reception halls, wedding halls, for assembly and recreation Crematorium Embalming Day Care facility, Adult (See Section 5.38) Fire, sheriff, and emergency services Funeral homes Governmental Functions, not otherwise listed Hospitals Libraries Medical and dental clinics or offices, ambulatory or outpatient care, family planning and care, and blood or organ banks Post office Religious Complex (less than 350 seats), new site Religious Complex (more than 350 seats), new site Religious Complex (any size), addition to existing complex/site Schools, Continuing Education (alternative, adult, colleges and universities, and technical, trade and other specialty schools) Schools, Pre-K-Secondary (nursery and preschool, grade schools, elementary, middle, and high school), new site Schools, Pre-K-Secondary (nursery and preschool, grade schools, elementary, middle, and high school), addition to existing site Schools, Fine and Performing Arts Social assistance, welfare and charitable services Transportation, Communication, and Utilities Bus passenger stations/terminals/shelters Parking lots, parking structures or underground parking areas (commercial or governmental) Radio and TV stations and studios (excluding transmission tower) Taxi and Limousine Service Utility lines (including, electric lines, phone/cable lines, distribution circuits, gas/fuel lines, water lines, steam/air conditioning lines, irrigation channels, and sewer/waste water lines) Agriculture Animal Production and Support Services, (unincorporated Lee County) Crop Production and Support Functions, (unincorporated Lee County) Crop Production and Support Functions, (Sanford and Broadway) Forestry and Logging and Support Services, (unincorporated Lee County)
Tagged Passions:university, Forestry, commercial, arts, education, public safety, services, trade, Cell tower, ride sharing and hailing, Utility, Child Care, Public Transit, STEM, agriculture, radio, community center, health, cell tower, preschool, hospital, parking, planning, library, recreation, utility, electric, transportation, emergency, facility, sewer, water, and healthcare

C 2 Permitted Uses Page 5

USES PERMITTED WITH DEVELOPMENT REGULATIONS The uses listed below may either be permitted by right or upon approval of a Special Use Permit, but are

also subject to the requirements of Article 5 Supplemental Development Regulations of the Unified Development Ordinance (for example, daycares are required to install a fence around outdoor play areas).
Tagged Passions:ordinance, development, Child Care, UDO, preschool, Development, and regulation

Residential Uses Home Occupations (See Section 5.16) Accommodations and Group Living Bed and breakfast inn (See Section 5.4) Hotel, Motel, and

tourist court (See Section 5.17) General Sales or Service Animal Hospitals, Veterinary services, Animal Shelters, Kennels / Animal Pet Services (See Section 5.3) Car Washes and Car Care Centers (See Section 5.5) Flea markets (outdoors) (See Section 5.14) Freestanding Ice Vending Unit (See Section 5.37) Manufactured home and/or storage building sales (See Section 5.21) Mini-warehousing/Self-service storage leasing (See Section 5.22) Motor Vehicles (automobiles), Boats, RVs Sales and/or Leasing/Rental (See Section 5.24) Shopping Center/Superstore, 25,000 100,000 sq. ft. (See Section 10.2) Shopping Center/Superstore, over 100,000 sq. ft. (See Section 10.2) Wine Shop (See Section 5.43) Industrial Manufacturing Uses Brewery (Microbrewery, See Section 5.42) Landfills, LCID (2 acres or less in size) (See Section 5.19) Arts, Recreation Entertainment Drive-in theaters (See Section 5.11) Entertainment Establishment (lounges, discos, nightclubs, pool halls and/or private clubs) (See Section 5.26) Recreation activities, commercial outdoor (defined in Article 5), not otherwise listed (See Section 5.28) Education, Public, Administration, Health Care, and Institutional Cemeteries, public and private (does not include individual family plots) (See Section 5.6) Community food services (See Section 5.7) Day Care facility, Child Care Center (See Section 5.10) Day Care facility, Home Child Care (See Section 5.10)
Tagged Passions:leasing, legal, pets, commercial, arts, education, services, nightlife, Child Care, boating, hotel, rental, animal control, landfill, health, alcohol, food services, hospital, industrial, market, recreation, transportation, sale, facility, court, solid waste, and healthcare

C 2 Permitted Uses Page 6

USES PERMITTED UPON ISSUANCE OF A SPECIAL USE PERMIT The uses listed below are permitted in the respective zoning district only after review and

approval of a Special Use Permit by the Board of Adjustment for the applicable jurisdiction in accordance with Article 3 Zoning and Permitting Procedures, Section 3.5 Special Use Permits of the Unified Development Ordinance. Special uses are subject to any/all applicable general design standards, any development regulations that apply to the specific use and those requirements that may reasonably be imposed by the respective board as per the Unified Development Ordinance.
Tagged Passions:ordinance, development, UDO, Development, regulation, zoning, and procedure

Accommodations and Group Living Group Home/Residential Care Facility, Level III Group Home/Residential Care Facility, Level IV Industrial

Manufacturing Uses Contractors offices/shop with outdoor storage areas Manufacturing, excluding others uses listed in this table Arts, Recreation Entertainment Amusement or Theme Park Establishment Transportation, Communication, and Utilities Public utility storage and service yards Sewage treatment and Water treatment plants
Tagged Passions:arts, Utility, plant, parks, industrial, recreation, utility, transportation, facility, and water

USES PERMITTED UPON ISSUANCE OF A SPECIAL USE PERMIT THAT HAVE SPECIFIC DEVELOPMENT REGULATIONS

Tagged Passions:development, Development, and regulation

The uses listed below are permitted in the respective zoning district only after review and approval of a Special Use Permit by the Board of

Adjustment for the applicable jurisdiction in accordance with Article 3 Zoning and Permitting Procedures, Section 3.5 Special Use Permits of the Unified Development Ordinance. In addition to any/all applicable general design standards and those requirements that may reasonably be imposed by the respective board, these uses have specific standards that must be adhered to as per the Unified Development Ordinance (for example, fencing is required around the base of telecommunication towers, including any structures or guy wires).
Tagged Passions:ordinance, Cell tower, Telecommunications, development, UDO, telecommunications, cell tower, Development, zoning, and procedure

Industrial Manufacturing Uses Landfills, C D or LCID (greater than 2 acres in size) (See Section 5.20) Mining and Quarries, Unincorporated Lee County

and City of Sanford Only (See Section 5.23) Transportation, Communications, and Utilities Telecommunication towers (See Section 5.33) Solar Collectors, Commercial (See Section 5.39) Telecommunications towers (See Section 5.33)
Tagged Passions:commercial, Cell tower, Utility, Telecommunications, Communications, landfill, telecommunications, cell tower, communications, industrial, utility, transportation, and solid waste

ADJOINING PROPERTY OWNERS LIST PETITION BY: Wynnefield Properties, Inc. C. Craig Stone, President REQUEST: Rezone from General Commercial (C-2) to

Mashburn Property Multi-family Conditional Zoning District LOCATION: 1732 Westover Drive, Sanford, NC 27330 (to be subdivided a new address
Tagged Passions:commercial, property, and zoning

assigned) PIN: 9631-56-2403-00 (portion of)

No. PIN PROP ADDR OWNER 1 OWNER2 M MAIL ST MAILCITY ST ZIP

01A 9631-56-6654-00 1724 WESTOVER DR

COLE, WILLIAM GENE JR COLE, CANDY S

3735 HENLEY RD SANFORD NC 27330

01B 9631-56-6654-00 (Jan 2018 deed)

1724 WESTOVER DR

DAVISON-WESTOVER, LLC

- 1512 OWLS NEST SANFORD NC 27330

02 9631-56-3905-00 0 DOGWOOD ACRES DR

MCSWAIN, RUBY CRUMPLER (ESTATE)

- - O BOX 2280 SANFORD NC 27330

03 9631-57-1199-00 1600 DOGWOOD ACRES DR

WOMACK, MICHAEL CLINTON

- 1600 DOGWOOD ACRES DR

SANFORD NC 27330

04 9631-46-6973-00 700 WOODLAND HEIGHTS DR

WOODLAND HEIGHTS OF SANFORD LLC

- 810 LAWNDALE DR

REIDSVILLE NC 27320

05 9631-46-5301-00 2001 BELFORD DR WILLIAMS-OATES, FLORIA E

- 2001 BELFORD DR SANFORD NC 27330

06 9631-46-6134-00 0 PENDERGRASS RD

COGGINS, JOHN W COGGINS, MADGE H

1820 PENDERGRASS RD

SANFORD NC 27330

07 9631-45-8898-00 1820 PENDERGRASS RD

COGGINS, JOHN W COGGINS, MADGE H

1820 PENDERGRASS RD

SANFORD NC 27330

08 9631-55-0716-00 0 PENDERGRASS RD

JOHNSON, TAMMY C - 1900 PENDERGRASS RD

SANFORD NC 27330

09 9631-55-0784-00 1900 PENDERGRASS RD

JOHNSON, CLYDE P JOHNSON, TAMMY C

1900 PENDERGRASS RD

SANFORD NC 27330

10 9631-55-1919-00 1901 PENDERGRASS RD

MASHBURN ESTATE LLC - - PO BOX 130 CARY NC 27512

11 9631-55-2915-00 0 PENDERGRASS RD

MASHBURN ESTATE LLC - - PO BOX 130 CARY NC 27512

12 9631-55-4981-00 1909 PENDERGRASS RD

MCDONALD'S USA LLC - - PO BOX 182571 COLUMBUS OH 43218

13 9631-55-8795-00 2117 JEFFERSON DAVIS HWY

STEWART LLC - 9301 SMART DR RALEIGH NC 27603

14 9631-66-0271-00 2107 JEFFERSON DAVIS HWY

MCLEOD, GERALD G MCLEOD, BETTY O

3707 WICKER ST SANFORD NC 27330

15 9631-55-2530-00 2206 JEFFERSON DAVIS HWY

COMMERCIAL NET LEASE REALTY LP

Tagged Passions:leasing and commercial

- 450 S ORANGE AVE

ORLANDO FL 32801

16 9631-47-9234-00 0 PALOMINO DR IT'S HEALING HOUSE MINISTRIES INC

- 293 HOLLYBERRY LN

SANFORD NC 27330

17 9631-35-8700-00 1820 PENDERGRASS RD

COGGINS, JOHN W COGGINS, MADGE H

1820 PENDERGRASS RD

SANFORD NC 27330

APPLICANT: 1732 Westover Drive (to be subdivides new address assigned)

Wynnefield Properties, Inc. C. Craig Stone, President

- - P.O. Box 395 Jamestown NC 27282

PROPERTY OWNER :

Tagged Passions:property

1732 Westover Drive (to be subdivides new address assigned)

Mashburn Estate, LLC C/O: Mr. Roy Mashburn, Registered Agent

- 120 Dunedin Court Cary NC 27511

Tagged Passions:legal and court

PROPERTY OWNER :

Tagged Passions:property

1732 Westover Drive (to be subdivides new address assigned)

Mashburn Estate, LLC C/O: Mr. Roy Mashburn, Registered Agent

- - P.O. Box 130 Cary NC 27512

(0) = No address assigned to this parcel. Typically, it is vacant

Tagged Passions:property

April 6, 2018

Dear Adjacent Property Owner: The Zoning Ordinance of Sanford, North Carolina requires that adjacent property owners be notified when a request for a

change in zoning classification has been scheduled for a public hearing before the Sanford Planning Board and the Sanford City Council.
Tagged Passions:hearing, property, ordinance, council, planning, and zoning

CITY OF SANFORD PUBLIC NOTICE

Notice is hereby given that the City Council and Planning Board for the City of Sanford will hold a joint public hearing on Tuesday, April 17, 2018

in the Council Chambers of the Sanford Municipal Building, 225 East Weatherspoon Street, Sanford, N.C. The Boards will consider one (1) amendment to the Sanford Zoning Map. The hearing will begin at 6:00 p.m. or as soon thereafter as deemed practical by the City Council. The rezoning application is described below:
Tagged Passions:hearing, planning, and zoning

1. Application by Wynnefield Properties, Inc. to rezone a 5.00 acre + portion of a 15 acre + tract of land addressed as 1732 Westover Drive, from

General Commercial (C-2) to the Mashburn Property Multi-family Conditional Zoning District to allow for the development of an apartment community. The property is the same as depicted on Lee County Tax Map 9631.02 and 9631.01 as Tax Parcel 9631-56-2403-00 Lee County Land Records and is illustrated as Tract 3 on a survey map recorded in Plat Cabinet 9, Slide 79E of the Lee County Register of Deeds Office.
Tagged Passions:taxes, commercial, property, Taxes, development, Development, and zoning

The public is cordially invited to attend. Further information may be obtained from the Sanford/Lee County Zoning Design Review Department, 115

Chatham Street, Suite 1, Sanford, NC 27330 or by contacting Amy J. McNeill, Zoning Administrator at 919-718-4656, ext. 5397 or amy.mcneill@sanfordnc.net. Upon request and with 24-hour notice, the County will provide an interpreter for the hearing impaired or any other type of auxiliary aid.
Tagged Passions:administrator and zoning

Cualquier cuidadano que tenga preguntas o comentarios de las cosas al referido, puede comunicarse a el departamento de desarollo para Sanford/Condado

de Lee, llame al (919) 718-4656.

Attachment: GIS Property Map and Aerial Map

Tagged Passions:GIS and property

CITY OF SANFORD PUBLIC NOTICE

Notice is hereby given that the City Council and Planning Board for the City of Sanford will hold a joint public hearing on Tuesday, April 17, 2018,

in the Council Chambers of the Sanford Municipal Center, 225 East Weatherspoon Street, Sanford, N.C. The Boards will consider one (21 amendments to the Sanford Zoning Map. The hearing will begin at 6:00 p.m. or as soon thereafter as deemed practical by the City Council. The rezoning application is described below:
Tagged Passions:hearing, planning, and zoning

1. Application by Wynnefield Properties, Inc. to rezone a 5.00 acre + portion of a 15 acre + tract of land addressed as 1732 Westover Drive, from

General Commercial (C-2) to the Mashburn Property Multi-family Conditional Zoning District to allow for the development of an apartment community. The property is the same as depicted on Lee County Tax Map 9631.02 and 9631.01 as Tax Parcel 9631-56-2403-00 Lee County Land Records and is illustrated as Tract 3 on a survey map recorded in Plat Cabinet 9, Slide 79E of the Lee County Register of Deeds Office.
Tagged Passions:taxes, commercial, property, Taxes, development, Development, and zoning

The public is cordially invited to attend. Further information may be obtained from the Sanford/Lee County Community Development Department, 115

Chatham Street, Sanford, NC 27330 or by calling (919) 718-4656. Upon request and with 24-hour notice, the City will provide an interpreter for the hearing impaired or any other type of auxiliary aid.
Tagged Passions:streets, development, Development, and community development

Cualquier cuidadano que tenga preguntas o comentarios de las cosas al referido, puede comunicarse a el departamento de desarollo para Sanford/Condado

de Lee, llame al (919) 718-4656.

By Bonnie Davis, City Clerk

Please publish in the Legal Notices Section of the Sanford Herald on Friday, April 6, 2018 and on Friday, April 13, 2018. If you have any questions

regarding this notice, please call Amy McNeill at 919-718- 4656, ext 5397. Please reference this account number (30031885) on the invoice and refer to as City of Sanford Zoning Notice.
Tagged Passions:legal and zoning

Please send publisher s affidavit to the Sanford/Lee County Community Development Office, P.O. Box 3729, Sanford, NC, Attention: Angela Baker. Thank

you.
Tagged Passions:development, Development, and community development

1

MEMORANDUM

TO: Sanford City Council Sanford Planning Board Hal Hegwer, City of Sanford Manager

Tagged Passions:manager, council, and planning

FROM: Amy J. McNeill, Zoning Administrator

Tagged Passions:administrator and zoning

DATE: April 17, 2018

REF: Consideration of a text amendment to the Unified Development Ordinance, Article 6

Tagged Passions:ordinance, development, UDO, and Development

Subdivision Regulations, to add language clarifying requirement for creation of a new lot that would require a private septic system in order to be

developed
Tagged Passions:subdivision and regulation

Upon conferring with the Lee County Environmental Health Department, staff has determined that specific language should be added to the UDO

subdivision regulations to clarify that all proposed lots that would require a private septic system in order to be developed must be approved by either a licensed soil scientist or the Lee County Environmental Health Department prior to the plat being recorded. A version of this language was included within the Lee County Subdivision Ordinance that was in place prior to the UDO, but was not carried over. The rationale for this requirement is that it prevents someone from creating undevelopable lots.
Tagged Passions:license, ordinance, UDO, subdivision, health, environment, regulation, and zoning

PROPOSED AMENDMENT to Article 6 Subdivision Regulations

Tagged Passions:subdivision and regulation

Draft language for consideration of amending Article 6, Subdivision Regulations, Section 1 General, to add Section 6.1.10 Lots Requiring a Private

Septic System in Order to be Developed.
Tagged Passions:subdivision and regulation

6.1.10 LOTS REQUIRING A PRIVATE SEPTIC SYSTEM IN ORDER TO BE DEVELOPED All proposed lots that would require a private septic system in order to be

developed must be approved by either a licensed soil scientist or the Lee County Environmental Health Department prior to the plat being recorded.
Tagged Passions:license, health, environment, and zoning

MEMORANDUM

TO: Sanford City Council Sanford Planning Board Hal Hegwer, City of Sanford Manager

Tagged Passions:manager, council, and planning

FROM: Marshall Downey, Director of Community Development

Tagged Passions:development, Development, and community development

DATE: April 17, 2018

REF: Consideration of a text amendment to the Unified Development Ordinance, Article 4 Permitted Use Matrix, to remove Boarding House/Room Renting as

a permitted land use in all zoning districts.
Tagged Passions:ordinance, development, UDO, Development, and zoning

The UDO currently defines Boarding House/Room Renting as a building containing a single dwelling unit and three (3) or more rooms where lodging is

provided, with or without meals, for compensation. Compensation may include money, services or other things of value.
Tagged Passions:services, UDO, and compensation

In terms of where they are currently permitted, the UDO allows them By Right (staff approval only) in eight zoning districts:

Tagged Passions:UDO and zoning

HC Highway Commercial C-2 General Commercial C-1 Light Commercial NC Neighborhood Commercial O I Office and Institutional CBD Central Business

District MF-12 Multi-family District R-6 Residential Mixed District (min. 6,000 sq. ft. lot)
Tagged Passions:commercial, neighborhood, and business

The UDO also allows boarding homes/room renting with the issuance of a Special Use Permit (approval by Board of Adjustment) in three zoning

districts:
Tagged Passions:UDO and zoning

R-10 Residential Mixed (min. 10,000 sq. ft. lot) R-12 Residential Mixed (Min. 12,000 sq. ft. lot) R-12 Residential Single-family

Staff is recommending that this land use is archaic and dated as a valid land use and should be removed as an option for new starts. As you all are

aware, we are working to update our land use plan and embrace the concept of infill and higher density development. However, staff suggests that this land use should be removed to avoid unwanted conversions of structures into potentially undesired outcomes.
Tagged Passions:development and Development

Please note that our UDO has density restrictions in place that do allow for more conducive multi-family allowances (such as duplexes, triplexes,

etc.) that are controlled based on land area and required design standards (parking, buffer, etc.). The concern with the boarding homes/room renting is that this would encourage conversion of an existing (typically larger) single-family structure with minimal investment. Recent experience with older, existing boarding homes in east Sanford have given direct exposure to how these uses have adverse impacts on a surrounding neighborhood. Staff is concerned that this is not the intent of the infill policies as envisioned in our land use plan update.
Tagged Passions:UDO, investment, parking, and neighborhood

Below are the draft changes that we are asking the JPC to considered approving and forwarding to the respective boards for formal consideration.

Amend Table 4.6-1 Permitted Use Matrix to indicate that the land use category Boarding House/Room Renting is not allowed in any of the zoning districts.
Tagged Passions:zoning

CURRENT UDO

Tagged Passions:UDO

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