NC - Cornelius: Town of Cornelius Land Development Code Advisory Board

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Town of Cornelius Land Development Code Advisory Board

Town of Cornelius Land Development Code Advisory Board

Agenda August 26, 2019 5:30 PM Room 204
Tagged Passions:development and Development

Call To Order

Determination of Quorum

Presentations

1.
Auto Related Uses

No additional detail provided

Tagged Passions:transportation

Approval of Minutes

1.
June 24, 2019 Minutes

Old Business
Tagged Passions:business

1.
Noise Update

New Business

Tagged Passions:business and noise

1.
TA 02-19 Breweries

No additional detail provided

Tagged Passions:alcohol

2.
Transient Occupancy Update

No additional detail provided

3.
Accessory Structure Placement

No additional detail provided

4.
Open Space

Election Of Chair Vice Chair Next Meeting

Tagged Passions:voting and election

Adjournment

REQUEST FOR BOARD ACTION

Print

Date of Meeting: August 26, 2019

To: LDCAB

From: Wayne Herron, AICP

Deputy Manager Action Requested: Staff has received a request asking the Town to once again reconsider the prohibition on auto related uses in the Zoning Code. The applicant will be at the meeting to present items for consideration regarding the issue. Manager's Recommendation:

Tagged Passions:zoning, transportation, and manager

Hear presentation regarding auto related uses.

ATTACHMENTS: Name: Description: Type: McIntosh_Letter.pdf Applicant Letter Backup Material THE MCINTOSH LAW FIRM, P.C. ATTORNEYS AT Lwv POST OFFICE Box 2270 209 DELBURC STREET, SUITE 203 DAVIDSON, NORTH CAROL] NA 28036-2270 TELEPHONE (704) 892-1699 - FACSIMILE (704) 892-8664 WWW.MCINTOSHLAWFIRM.COM ROBERT C. MCI\1G5F f OF COUNSEL JA\IESC. FULLER IENrcIFER AHLERS CONE AMANDA SHUF lsAAcs GEORGE G. CUNNINGHA\I tO JESSE C. JONES c August 19, 2019 JOEL M. EONDUX.XNT, JR.. L\URA A. GREGORY TED F, MITCHELL t SPECIAL COUNSEL CHRISTOPHER P. GELwICKS GA[THER M. KEENER LARRYJ. SHAHEEN, JR JEFFREY E. GRAY
Tagged Passions:legal, streets, and transportation

NCDRC Ceilified Mediator Superior Court

PHILIP R KUHN Also licensed in Florida (2

Tagged Passions:legal, license, and court

NCDRC Certified Mediator Clerk Family Financial 0 Also licensed in South Carolina +

Also licensed in Maryland Land Development Advisory Board Attn: Cheryl Crawford, Chair Address
Tagged Passions:finance, development, Development, and license

Re: LDACB Meeting August 26 and Lake Norman Chrysler Dodge Jeep Ram

Dear Cheryl, The purpose of this letter is to request to be placed on the agenda for the Quarterly Meeting of the Code Advisory Committee (LDACB) on August 26th Lake Norman Chrysler Dodge Jeep Ram wishes to expand their business and, in the process, desires to consolidate their current business footprint from four (including a leased space on Bailey Road) to two locations that would offer synergy and cohesiveness for the Town of Cornelius. Currently they are operating one location on Torrence Chapel Road and three locations on Highway 21. The Salzmans would be selling the Highway 21 locations as a part of the consolidation. This consolidation pLan would create more employment opportunities, a more aesthetically pleasing structure and reduce traffic congestion surrounding the diverging diamond and outlying areas. Jack and Robin Salzman are longstanding Cornelius residents, community contributors as well as owners of the franchise dealership. The Salzmans are recognized in the auto industry as evidenced by numerous awards for volume, growth, business and community partnerships. They are excited about working with the Town of Cornelius on this proposed project. Below are considerations that should bring clarity for the intended direction of the Salzman s venture and business plan. Intended Use of Waltrip Building Highway Commercial Space The proposed multi-faceted space would be used for the following: o Charity/Non-Profit designated community and meeting space for numerous
Tagged Passions:recognition, business, leasing, streets, transportation, employment, commercial, charity, traffic, and growth

charitable organizations. In addition, the Salzmans would be donating a conditioned transport van upfitted with kennels for transporting dogs and cats.

o Administrative space Lake Norman Chrysler Dodge Jeep Ram would move their accounting and other administrative staff to this new location.

Tagged Passions:pets

o
Carolina Custom This auto retail accessory business is owned by Lake Norman Chrysler Dodge Jeep Ram and showcases a myriad of products for all types of vehicles. Currently, the shop is located on Highway 21 and the intent would be to move and expand this business at the new location. Carolina Custom retail shop attracts customers from all over the Southeast USA. The auto Accessory business is a 40 billion dollar industry and Carolina Custom believes it could triple its current business at the new location. These consumers have discretionary spending available for our local restaurants and they are provided a designated loaner vehicle so they can explore the Town of Cornelius and not be confined to spending money only within walking distance.

o Automobile inventory The intent is to move the automobile inventory which is currently along Highways 21 and 77 to the new location. This move would consolidate the inventory in a less conspicuous location with the Waltrip site already having an existing visual landscaping buffer. Doing so would result in the same number of vehicles on the site as were there during Waltrip s busiest times. They employed over 300 people that each parked on their site daily, so there will be no difference in the amount of autos parked in this proposed scenario. o Vehicle service and detailing This location would offer additional space for automobile service and vehicle preparation to support dealership growth. o Lake Norman Chrysler Dodge Jeep Ram is rapidly expanding their internet operations and the additional indoor square footage will allow the dealership to become an internet leader for franchised dealerships by selling vehicles and auto parts online and have them shipped to the consumer, thereby creating jobs and commerce in Cornelius without adding car traffic of the costumers. Cornelius Community Impact

Tagged Passions:business, restaurants, transportation, parks, traffic, growth, and jobs

Aesthetics o The Waltrip Building offers a more secluded and less visible location than the

existing spaces along Highways 21 and 77 and is further enhanced by an existing landscape buffer.
Tagged Passions:buildings and grounds

Traffic o The nature of the dealership s operations calls for a non-traditional work and

business schedule. For example, service and sales personnel hours are staggered. o With 25 sales associates, several technicians and assistants traveling to and from the dealership to the existing Highway 21 locations, there are in excess of 150 trips daily. Typically, there are 300-400 carson the Highway 21 lots at all times, in addition to 5 mobile mini-storage units.
Tagged Passions:business, sale, travel, personnel, and traffic

o
The consolidation to Waltrip Building would have a positive impact on West Catawba by reducing traffic between the dealership and existing Highway 21 locations. Currently, employees must travel from the dealership through the diverging diamond which consists of four traffic lights. This move would reduce existing traffic on West Catawba, Highway 21 and at the traffic lights. Further, the impact will assist with the congestion anticipated with the purposed construction for Hwy 21.

Financial Impact o Maintaining three offsite locations on Highway 21 has proved to be incredibly
Tagged Passions:construction, finance, travel, and traffic

inefficient. It is believed that productivity would increase by more than 15 , resulting in increased sales. Streamlining the logistics/traffic pattern for the dealership would benefit the Cornelius infrastructure.

o Anticipated dealership growth would provide 30-40 immediate new employment opportunities and potentially more than 50 over time.

Tagged Passions:sale, employment, traffic, and growth

o
The Waltrip Building has been vacant for many years. The purchase of this additional space takes it off the market, thus lowering inventory and increasing the demand for other space in Cornelius thereby creating more revenue for the town.

Tagged Passions:market and purchasing

o
It is anticipated the building would become a regional anchor by generating a wide range of consumers with use of the retail, service and charity/non-profit space. This could be a catalyst for further development of the neglected parcels along Old Jetton Road while also providing more opportunity for use of the vacant restaurant space on Liverpool Road.

No additional detail provided

Tagged Passions:streets, development, restaurants, Development, property, and charity

o
Overall, the new venture would increase revenues and sales taxes with the use of local businesses such as restaurants, grocery stores, salons, coffee shops, retail, etc.

Community Contributions o This new facility would provide the opportunity for the Salzmans to expand and grow their philanthropic efforts to give back to the community. Their vision has not been fully realized due to lack of space.
Tagged Passions:business, facility, grocery, strategic, sale, taxes, Taxes, restaurants, and commercial

o
Currently the Salzmans support the efforts of over 20 non-profit organizations that require assistance with financial donations, transportation, meeting space, event space, etc. in order to grow their charities. The Salzmans would be able to support these groups better with this facility and further their vision. These are some of the groups they currently support in our community.

Backpacks for foster kids Lake Norman Hospice Cornelius Elementary donors for laptops Hollys Hope Little Smiles Pinky Swear Spay it Forward Hope House Make-a-Wish Wish Society Humane Society of Charlotte Pat s Place Kids First of the Carolina s Levine s Children Hospital Mooresville Soup Kitchen Lake Norman Humane Society Cornelius Animal Shelter HATS (Helping Animals to Survive) Catawba Humane Society Veterans Military outreach Walk for PKD (Polycystic Kidney Disease) Lake Noiman Lucky Cat Big Day at the Lake Ada Jenkins American Red Cross Dove House Various disaster relief efforts In Summary, our intended uses for the property are as follows: o Move and expand their accessory retail company, Carolina Custom Wheels, Tires and
Tagged Passions:finance, veterans, facility, hospital, strategic, disability, pets, donation, Donation, transportation, events, animal control, healthcare, property, education, and military

Accessories to the new building. The company currently employees six individuals and with the additional space intend on tripling the employee count.

o
Move their accounting and administrative staff and offices from the dealership to the new location.

o Provide a designated community space for Robin and her team s charity work in the community. o Operate our new and used vehicle prep and reconditioning center, that serve the dealership and their expanding internet operations.

Tagged Passions:charity

We appreciate you taking the time to consider this proposed agenda item and look forward to preparing a more detailed presentation and analysis to present at the August 26(h meeting.

Thank you for your time and consideration. Sincerely, I . . . . . . S . . CINTOSH LAW P.C.

Attorney at Law RGM/egs

No additional detail provided

Tagged Passions:legal

REQUEST FOR BOARD ACTION

Print

Date of Meeting: August 26, 2019

To: Chair and LDCAB Members

From: Summer Smigelski, Planning Admin. Action Requested: Review and Approve Minutes Manager's Recommendation:

Tagged Passions:planning and manager

Approval

ATTACHMENTS: Name: Description: Type: 06242019Minutes_LDCAB.docx June 24, 2019 Minutes Backup Material Minutes

TOWN OF CORNELIUS LDCAB June 24th, 2019

5:30 PM

Members Present Members Absent Staff Present Norris Woody, Vice Chair David Gilroy Keith Eicher Bob Bruton Michael Miltich Karen Tovar Joe Dean Laura Pegram David Dunn

Cheryl Crawford, Chair John Hettwer Chaz Churchwell Wayne Herron, Deputy- Manager/Planning Director Becky Partin, Senior Planner Summer Smigelski, Admin. VISITORS See Sign In Sheet.
Tagged Passions:planning and manager

DETERMINATION OF QUORUM Vice Chair Woody called the meeting to order at 5:33 PM and determined a quorum was present.

Citizens Comments and Concerns Vice Chair Woody asked for anyone wishing to speak to please come forward.

Colin Furcht at 19709 Schooner Dr., spoke on the positive impacts of Boat Yard Eats. George Marcoccia at 10120 Treetop Lane, expressed his concerns with the last meeting and the negative impact of the noise level that was approved. Justin Otto at 9220 John Hawks Rd., expressed concerns of the noise level and asked the board to consider changing the db level. Inaudible at 9220 John Hawks Rd., expressed her concerns on the noise level. She informed the board that the music interrupts her sleep. Linda Lindfoot at 9704 Washam Potts Rd., informed the board that the bass coming from Boat Yard Eats rattles her windows. Scott Karriker, son of Linda and Bobbie Karriker at 9516 Westmoreland Rd., expressed the concerns his parents have with the music and bass level.

Tagged Passions:boating, noise, and parents

APPROVAL OF MINUTES The Board unanimously approved the March 25th, 2019 Minutes.

Motion made by Commissioner Miltich. Seconded by Ms. Tovar. All in favor, motion approved. In Favor: Ms. Pegram, Mr. Eicher, Mr. Dunn, Commissioner Gilroy Opposed: None Ms. Tovar, Vice Chair Woody, Mr. Bruton, Mayor Pro Tem Miltich, Mr. Dean Minutes

TOWN OF CORNELIUS LDCAB June 24th, 2019

Noise Ordinance Mr. Herron provided an overview of how the current ordinance is working and an update on potential actions moving forward.

LDCAB has previously heard from the following property owners up until today is: Karriker 9516 Westmoreland Rd. Marcocia 10120 Treetop Lane (Weatherstone) Reger 10124 Treetop Lane (Weatherstone) The ordinance was Adopted May 6, 2018. 5/18/19 190518066 Call was received at 21:36HRS(9:36pm), officer responded with the sound meter to determine if the sound was out of the 100 DB limit per town ordinance, the DB reading was never over 75 DB over a ten-minute period. (Marcoccia and Karriker) 5/24/19 190524089 Call was received at 22:13HRS(10:13pm), officer responded with the sound meter to determine if the sound was out of the 100 DB limit per town ordinance, the DB reading at its highest over a ten-minute period was 80.4 DB. (Karriker) 6/15/19 190615040 Call was received at 20:05HRS(8:05pm), officer responded with the sound meter to determine if the sound was out of the 100 DB limit per town ordinance, the DB reading was never over 70 DB over a ten-minute period. (Karriker) The current meter readings show no violations of current ordinance. The highest reading thus far has been 80.4 at the property line of Boat Yard Eats. We do understand that property owners are hearing sound in different ways. City of Asheville is going through a similar experience, on a much larger scale. Cornelius Staff has reached to Asheville Staff to talk about issues of common concern. One of the things they did is they reached out and employed the Community Noise Lab, whose mission is to document and describe the community soundscape and examine its impact on human health- both physically and mentally. They also provide free. Accessible, and dynamic advocacy tools, data, and resources to aid communities in understanding and addressing their specific noise issues. Staff recommends working with this group to resolve the noise issues. No changes to the code currently. After extensive discussion the board agreed to let staff continue working on the noise issue and bring back with a recommendation. Changeable Copy Signs-Entertainment Venues Ms. Partin provided an overview on what staff was requested to investigate and what the current code requirements are. The owner of Boatyard Eats asked staff to investigate sign opportunities that would allow the venue to announce events. Current Code only allows changeable copy signs for school or civic use. Sandwich Boards are allowed in TC and NMX, VC, TN, TR-O, HC, and WMX except on

Tagged Passions:health, ordinance, events, boating, property, hearing, education, and noise

NC 115, US 21, West Catawba, Catawba In 2015 the US Supreme Court ruled that local governments cannot regulate sign

Tagged Passions:legal and court

content (Reed v. Town of Gilbert)

The Changeable Copy Sign definition is, a message center or reader-board that is designed so that its informational content or copy can be changed or altered by manual, electrical, electro- magnetic, or electronic means. The changeable copy is counted as part of the sign face. Current Code Requirements: Changeable copy signs only allowed for school and civic uses, max. 64 s.f. Changeable portion limited to 40 of the sign face. Signs may be double sided. The changeable copy must continuously show one message for a minimum of one (1) hour before switching to another message, except for time and temperature. Minutes
Tagged Passions:education

TOWN OF CORNELIUS LDCAB June 24th, 2019

Signs shall not dim, flash, fade or scroll and not incorporate moving, rotating, fluttering, blinking or flashing elements, animation, video or audio.

The sign surround shall be clad in brick, stone or stucco matching the principle building. Electronic Signs shall only be affixed to ground mounted signs. All non-conforming signs on the property where electronic sign is proposed must be

Tagged Passions:property

removed prior to electronic sign installation. Changeable copy messaging space may not be sold to commercial enterprises. Signs operate only 6:00 AM - 11:00 PM. Lighting, daytime or nighttime, must be automatically adjustable according to ambient

lighting conditions, safe for passing motorists and subject to approval of the Director of Planning, such lighting approval being discretionary on due consideration of public safety, aesthetics, site conditions, functionality and any other factors potentially affecting the public interest and safety.

Tagged Passions:planning, public safety, and commercial

Staff Recommendation: Continue to allow for schools and civic uses. No changes. Also allow changeable copy signs for approved entertainment venues. Add definition for Entertainment Venue Allow only one changeable copy ground mounted sign per parcel or one changeable

Tagged Passions:property and education

copy wall sign per building, but not both on the same parcel. If it is part of a ground mounted sign, this shall not increase the number of ground mounted signs, it shall be incorporated into any existing or planned ground sign for the site.

Electronic display signs shall display only non-moving text and images with changes alternating no less than one hour, and text shall not scroll, flash, blink, fade, dim, or otherwise move. Only allow on legal conforming signs.

Tagged Passions:legal and property

After discussion the board agreed to defer this issue.

Motion made by Mr. Bruton. Seconded by Mr. Dunn. Six in favor, one opposed, motion approved. In Favor: Ms. Pegram, Mr. Eicher, Mr. Dunn, Commissioner Gilroy Opposed: None Ms. Tovar, Vice Chair Woody, Mr. Bruton, Mayor Pro Tem Miltich, Mr. Dean

TA 02-19 Breweries Staff will bring back next meeting.

No additional detail provided

Tagged Passions:alcohol

Next Meeting Monday, August 26th, 2019

No additional detail provided

Election of Chair Vice Chair Defer to next meeting.

Tagged Passions:voting and election

Adjournment Mr. Dunn made a motion to adjourn the meeting at 6:51 pm. Mr. Eicher seconded. All in favor and motion approved.

In Favor: Ms. Pegram, Mr. Eicher, Mr. Dunn, Commissioner Gilroy Opposed: None Ms. Tovar, Vice Chair Woody, Mr. Bruton, Mayor Pro Tem Miltich, Mr. Dean

REQUEST FOR BOARD ACTION

Print

Date of Meeting: August 26, 2019

To: LDCAB Members From: Becky Partin Senior Planner Action Requested: Over the last month, staff has measured ambient sound levels at two Locations in Town: Westmoreland @ US Hwy 21 Westmoreland @ West Catawba The purpose of this exercise was to compare the average ambient sound level to the current noise ordinance decibel level limits to determine if any changes to the ordinance are warranted.
Tagged Passions:ordinance, public safety, and noise

Staff will present findings of the ambient noise level monitoring exercise.

Manager's Recommendation:
Tagged Passions:manager and noise

Discuss findings and determine course of action.

No additional detail provided

ATTACHMENTS: Name: Description: Type: No Attachments Available

REQUEST FOR BOARD ACTION

Print

Date of Meeting: August 26, 2019

To: LDCAB Members From: Becky Partin Senior Planner Action Requested: On May 30, 2019 the Governor signed the Craft Beer Distribution and Modernization Act into law. The law allows breweries to produce and sell up to 100,000 barrels annually. In accordance with the new law, staff is recommending changes to the Land Development Code: Modify the definition of a microbrewery (Chapter 2) to be an establishment where up to 100,000 barrels of beer and malt beverages are made on the premises and sold/distributed. The current limit is 15,000 barrels. Modify the definition of a large brewery (Chapter 2) to be an establishment where 100,000 or more barrels of beer and malt beverages are made on the premises and sold/distributed. Remove large brewery as a use allowed in Business Campus (Chapter 5). Manager's Recommendation: Review proposed changes and make recommendation. ATTACHMENTS: Name: Description: Type:
Tagged Passions:alcohol, business, development, Development, and manager

HB_363.pdf House Bill 363 Backup Material Ch_02_Definitions.pdf LDC Ch 2 - Definitions Backup Material

CH_05_Zoning___Use_Regulations- Use_Table.pdf

LDC Ch 5 Use Table Backup Material

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2019 SESSION LAW 2019-18 HOUSE BILL 363 *H363-v-4*

AN ACT TO CONFIRM THE STATE'S SUPPORT OF THE THREE-TIER SYSTEM FOR

DISTRIBUTION OF MALT BEVERAGES AND THE FRANCHISE LAWS, TO MAKE

ADJUSTMENTS TO MODERNIZE THE EXEMPTIONS TO THE THREE-TIER

SYSTEM, AND TO PROMOTE THE GROWTH OF SMALL AND MID-SIZED INDEPENDENT CRAFT BREWERIES. Whereas, the General Assembly reaffirms its support of the Beer Franchise Law and
Tagged Passions:alcohol and growth

the three-tier system for the distribution of malt beverages and finds that the Beer Franchise Law

and the three-tier system does all of the following:

Tagged Passions:alcohol

(1) Promotes consumer choice and product variety by providing a platform that

enables new malt beverage products to come to market that might not otherwise be available to the consumer. These laws encourage wholesalers to make investments in their businesses necessary to expand distribution of new products and to allow large and small breweries alike an opportunity to enter the market through independent distribution. Wholesaler investments include adding resources such as warehouses, personnel, vehicles, equipment, merchandise, and marketing. Consumers have access to an exceedingly wide

Tagged Passions:alcohol, business, equipment, market, personnel, and investment

array of malt beverage products, unlike other industries that foster closed

distribution networks and vertical integration.

No additional detail provided

(2) Promotes the growth of the craft beer industry by providing suppliers with

Tagged Passions:alcohol and growth

access to markets outside of the brewery. Brewers that use wholesalers are

Tagged Passions:alcohol and market

able to instantly access and utilize a wholesaler's established infrastructure in

No additional detail provided

markets they may not otherwise be able to enter. Smaller breweries further

benefit because wholesalers are able to act independently to carry all brands,

Tagged Passions:alcohol and market

from large and small suppliers. The goal of these laws is to allow brewers of

No additional detail provided

Tagged Passions:alcohol

all sizes to fairly compete in the marketplace and to access retailers of all sizes.

No additional detail provided

(3) Helps ensure that the industry, as a whole, complies with the alcohol laws of

No additional detail provided

Tagged Passions:alcohol

this State. A wholesaler must remain independent and free from unfair

conduct to promote responsible sales and marketing practices. Wholesaler independence also promotes and maintains fair dealing among industry

Tagged Passions:market and sale

participants. Ultimately, these measures protect consumers and the public

from abuses that might occur absent the three-tier system.

(4) Promotes a vibrant marketplace that carefully balances fair competition with health and public safety concerns. The Beer Franchise Law and the three-tier system ensure that all three tiers operate independently and on a level playing
Tagged Passions:alcohol, health, and public safety

field so that no one participant or sector of the industry becomes too dominant

over the others. These laws allow for fair checks and balances in the beer
Tagged Passions:alcohol

industry. Wholesaler independence further creates a transparent and

No additional detail provided

accountable distribution system that assists in identifying improper marketing

practices and potentially unsafe products when issues arise and provides brewers that engage a wholesaler with an established means to access new markets. Page 2 Session Law 2019-18 House Bill 363

Tagged Passions:alcohol and market

(5) Prevents vertical integration of the manufacturing, distribution, and retail

tiers. This still occurs in other countries today where adverse health and public safety effects are observed. The historical three-tier system model incorporated a deliberate regulatory structure that prevents monopolization.
Tagged Passions:health, regulation, and historical

However, as the number of beer industry participants has grown substantially,

it is necessary to make important adjustments to the three-tier system to promote the overall success of the beer manufacturing industry in North Carolina by recognizing the different stages of brewery development. (6) Assists in collecting excise taxes, particularly from nonresident suppliers. While self-distributing resident breweries are required to remit excise taxes
Tagged Passions:alcohol, recognition, taxes, Taxes, development, and Development

directly to the Department of Revenue, wholesalers collect and remit the

excise tax on malt beverages on behalf of resident and nonresident suppliers to the Department of Revenue, totaling approximately 140 million in excise taxes each year to the State.
Tagged Passions:taxes and Taxes

(7) Promotes local regulatory control, temperance, and moderate consumption of

No additional detail provided

Tagged Passions:regulation

malt beverages. The three-tier system in particular incorporates features to

promote healthy competition in the marketplace while minimizing overly-aggressive marketing practices, such as limits on quantity discounts,

Tagged Passions:market

requirements of nondiscriminatory treatment among wholesalers and retailers,

and limits on advertising and promotional materials. The three-tier system also provides clear chain of custody for products in distribution, which enables law enforcement to easily track products in the marketplace when issues arise. (8) Provides a vital platform that promotes product safety for consumers. Malt beverage distributors invest heavily in infrastructure, such as modern warehouses and vehicles, that maintain product integrity during distribution. There are also strict record-keeping requirements, which enable wholesalers to readily track malt beverage products sold in the market for prompt return in the event of a product recall.
Tagged Passions:market, materials, advertising, and events

(9) Encourages wholesalers, under the Beer Franchise Law, to invest capital and

labor for suppliers of all sizes, large and small, to expand into new markets with new products. Unfair or arbitrary termination is prohibited, but suppliers who are subject to the Beer Franchise Law are still afforded the ability to

Tagged Passions:alcohol and market

terminate a distribution agreement for good cause. The Beer Franchise Law

inhibits forced consolidation among wholesalers. The three-tier system also affords small retailers the same market access opportunities to the same wide
Tagged Passions:alcohol and market

selection of brands that other large-scale retailers have, and on equal terms.

Whereas, the General Assembly also reaffirms its support of the craft beer industry
Tagged Passions:alcohol and selection

and makes the following findings:

(1) The current small-brewery provisions of Chapter 18B of the General Statutes

Tagged Passions:alcohol

were intended to foster the growth of small craft breweries while

No additional detail provided

Tagged Passions:alcohol and growth

simultaneously protecting wholesalers from the risk of economic uncertainty.

Since the adoption of those provisions, however, the craft beer industry has

Tagged Passions:alcohol and risk

seen exponential growth. The craft beer industry now provides a significant

No additional detail provided

Tagged Passions:alcohol and growth

source of high-quality manufacturing and service employment and wages and

Tagged Passions:employment

generates significant tax revenue for the State. In addition, the growth of the

Tagged Passions:taxes, Taxes, and growth

craft beer industry has resulted in significant positive secondary impacts on

the economy through increased business to a myriad of suppliers to the craft breweries, resulting in even greater employment and tax revenue for the State's citizens.
Tagged Passions:alcohol, business, taxes, Taxes, employment, and economy

(2) It is in the best interest of the State to continue supporting the entrepreneurial

spirit and economic growth driven by the craft beer industry. Yet it remains House Bill 363 Session Law 2019-18 Page 3 vital to preserve the integrity of the State's three-tier system. Today, mid-sized independent breweries possess only a fraction of the malt beverage market in
Tagged Passions:alcohol, market, and growth

light of increased consolidation and globalization of large suppliers.

Consequently, the growth of these mid-sized independent breweries promotes economic development, employment and wages, and significant tax revenue without the same risks of harm that the three-tier system is designed to minimize. (3) In view of these new market realities, the existing small brewery provisions of Chapter 18B of the General Statutes warrant revision. Specifically, recognition for a new category of breweries, Mid-Sized Independent Breweries, is needed to reflect the market's evolution, foster the continued
Tagged Passions:alcohol, recognition, market, economic development, taxes, Taxes, development, public safety, risk, employment, Development, and growth

growth of the craft beer industry, promote consumer choice, ensure access to

market, and promote stable and healthy competition in the malt beverage industry in this State. The following legislative enactments are expressly intended to further these purposes. Whereas, the General Assembly finds that regulation of the malt beverage industry and the objectives sought to be achieved by this act fall squarely within the authority granted to the State by the 21st Amendment to the United States Constitution and the inherent police powers of this State; Now, therefore, The General Assembly of North Carolina enacts:
Tagged Passions:alcohol, grant, regulation, market, public safety, and growth

SECTION 1. G.S. 18B-100 reads as rewritten:

No additional detail provided

18B-100. Purpose of Chapter.

This Chapter is intended to establish a uniform system of control over the sale, purchase, transportation, manufacture, consumption, and possession of alcoholic beverages in North Carolina, and to provide procedures to insure the proper administration of the ABC laws under a uniform system throughout the State. This Chapter shall be liberally construed to the end that the sale, purchase, transportation, manufacture, consumption, and possession of alcoholic beverages shall be prohibited except as authorized in this Chapter. If any provision of this Chapter, or its application to any person or circumstance, is determined by a court or other authority of

Tagged Passions:alcohol, legal, sale, transportation, procedure, purchasing, and court

competent jurisdiction to be invalid or unconstitutional, such provision shall be stricken and the

No additional detail provided

remaining provisions shall be construed in accordance with the intent of the General Assembly

to further limit rather than expand commerce in alcoholic beverages, and with respect to malt

beverages, unfortified wine, and fortified wine, the remaining provisions shall be construed to enhance strict regulatory control over taxation, distribution, and sale of alcoholic beverages through the three-tier regulatory system and the franchise laws imposed by this Chapter. Except as provided in this Chapter, local ordinances establishing different rules on the manufacture, sale, purchase, transportation, possession, consumption, or other use of alcoholic beverages, or requiring additional permits or fees, are prohibited.

Tagged Passions:alcohol, regulation, ordinance, sale, taxes, Taxes, transportation, and purchasing

SECTION 2. G.S. 18B-1104(a)(8) reads as rewritten:

(8) Obtain a malt beverage wholesaler permit to sell, deliver, and ship at wholesale only up to 50,000 barrels of malt beverages manufactured by the brewery. brewery per year to unaffiliated retail permittees. The authorization of this subdivision applies to a brewery that sells, to consumers at the brewery, to wholesalers, to retailers, and to exporters, fewer than 25,000 100,000

Tagged Passions:alcohol and subdivision

barrels of malt beverages produced by it per year. The barrelage limitations

set forth in this subdivision apply regardless of the number or type of permits that may be issued to a brewery under this Chapter. A brewery not exceeding the sales quantity limitations in this subdivision may also sell the malt beverages manufactured by the brewery, and malt beverages produced under Page 4 Session Law 2019-18 House Bill 363 subdivision (6a) of this subsection, at not more than three other locations in the State, where the sale is legal, upon obtaining the appropriate permits under
Tagged Passions:alcohol, legal, sale, and subdivision

G.S. 18B-1001. A brewery operating any additional retail location pursuant to

No additional detail provided

Tagged Passions:alcohol

this subdivision under a different trade name than that used at the brewery

shall also offer for sale at that location a reasonable selection of competitive malt beverage products. A sale at any additional retail location under this subdivision shall not be considered a wholesale sale for the purposes of Article
Tagged Passions:alcohol, sale, subdivision, trade, and selection

13
of this Chapter. Except as provided in G.S. 18B-1116(b), the Commission

shall have no authority to grant an exemption to or otherwise allow a brewery permittee more than the three additional retail locations authorized by this subdivision. Malt beverages manufactured by a supplier permittee that owns
Tagged Passions:alcohol, grant, boards and commissions, and subdivision

five percent (5 ) or more of a brewery permittee acting under the authority

granted in this subdivision shall be included in determining whether the

Tagged Passions:alcohol, grant, and subdivision

brewery permittee complies with the barrelage limitations set forth in this

subdivision.

Tagged Passions:alcohol and subdivision

SECTION 3. G.S. 18B-1116 reads as rewritten:

18B-1116. Exclusive outlets prohibited.

(b) Exemptions. The Commission may grant exemptions from the provisions of this

section. Any exemption entered by the Commission in which any brewery or any officer, director, or affiliate of the brewery has a direct or indirect financial interest in the business of any retailer beyond the number of additional retail locations authorized by G.S. 18B-1104 shall prohibit the brewery's malt beverages from being sold to or purchased by that retailer. In determining whether
Tagged Passions:alcohol, grant, business, finance, boards and commissions, and purchasing

to grant an exemption, the Commission shall consider the public welfare, the quantity and value

of articles involved, established trade customs not contrary to the public interest, and the purposes of this section. . SECTION 4. G.S. 18B-1300 reads as rewritten: 18B-1300. Purpose.

Tagged Passions:grant, boards and commissions, and trade

Pursuant to the authority of the State under the Twenty-First Amendment to the United States

Constitution, the General Assembly finds that regulation of the business relations between malt
Tagged Passions:regulation and business

beverage manufacturers and importers and the wholesalers of such products is necessary to:

(5) Prevent unfair or unlawful trade practices by enabling wholesalers to refuse to participate in such practices without fear of arbitrary or unlawful retribution from suppliers. (6) Provide wholesalers with rights and remedies in addition to those existing by contract or common law. (7) Govern all agreements between suppliers and wholesalers, including any

Tagged Passions:contract and trade

renewals or amendments.

(8) Protect wholesalers against unfair treatment by suppliers. (9) Preserve investments made by wholesalers in franchise agreements through
Tagged Passions:investment

minimization of arbitrary termination.

(10) Promote consumer choice by ensuring an independent wholesale distribution tier that enables wholesalers to distribute competing products of other suppliers.

(11) Prevent vertical integration of the malt beverage market.

Tagged Passions:market

SECTION 5. G.S. 18B-1305(a1) reads as rewritten:

(a1) Termination by a Small Brewery. A brewery's authorization to distribute its own malt beverage products pursuant to G.S. 18B-1104(a)(8) shall revert back to the brewery, in the

Tagged Passions:alcohol

absence of good cause, following the fifth business day after confirmed receipt of written notice

House Bill 363 Session Law 2019-18 Page 5
Tagged Passions:business

of such reversion by the brewery to the wholesaler. The brewery shall pay the wholesaler fair

market value for the distribution rights for the affected brand. For purposes of this subsection,

Tagged Passions:alcohol and market

fair market value means the highest dollar amount at which a seller would be willing to sell

and a buyer willing to buy at the time the self-distribution rights revert back to the brewery, after each party has been provided all information relevant to the transaction. This subsection only applies to a brewery that sells to consumers at the brewery, to wholesalers, to retailers, and to

Tagged Passions:alcohol and market

exporters fewer than 25,000 barrels of malt beverages produced by it per year. Malt beverages

manufactured by a supplier permittee that owns five percent (5 ) or more of a brewery permittee shall be included in determining whether the brewery permittee complies with the barrelage limitations set forth in this subdivision. For purposes of this subsection, the term barrel is as defined in G.S. 18B-1104.
Tagged Passions:alcohol and subdivision

SECTION 6. If any provision of this act or its application is held invalid, the

No additional detail provided

invalidity does not affect other provisions or applications of this act that can be given effect

without the invalid provisions or application, and to this end the provisions of this act are severable.

SECTION 7. This act does not apply to any exemption order or amendment thereto

entered by the Alcoholic Beverage Control Commission prior to the effective date of this act, or to any such exemption order or amendment that is renewed or reissued by the Commission after the effective date of this act.
Tagged Passions:alcohol and boards and commissions

SECTION 8. This act is effective when it becomes law.

In the General Assembly read three times and ratified this the 21st day of May, 2019. s/ Daniel J. Forest
Tagged Passions:housing

President of the Senate

s/ David R. Lewis Presiding Officer of the House of Representatives

s/ Roy Cooper

Governor

Approved 1:35 p.m. this 30th day of May, 2019

No additional detail provided

Brewery, Large An establishment where beer and malt beverages are made on the premises at an annual rate of 15100,000 or more barrels ( 465,000 gallons) per year and may contain a taproom

No additional detail provided

Tagged Passions:alcohol

Brewery, Micro An establishment where beer and malt beverages are made on the premises and then sold or distributed, and which produces less than 15100,000 barrels ( 465,000 gallons) per year. The brewer may sell to a retailer or directly to a customer.

No additional detail provided

Tagged Passions:alcohol

C
H A P T E R 5 : Z O N I N G U S E R E G U L A T I O N S

P - Permitted By Right S -Special Use Permit Required A - Accessory Use Only PC - Permitted w/ Supp. Conditions

CZ - Conditional Zoning Approval Required

Tagged Passions:zoning

AC - Accessory w/ Supp. Conditions

Use Category RP GR NR NMX WMX TC VC HC BC CO IC Adult Establishment* CZ Agricultural Uses P Animal Hospital and Boarding Grooming Service (no outdoor kennels) P P P P P

Tagged Passions:hospital, agriculture, and healthcare

Animal Hospital (w/outdoor kennel) CZ CZ

No additional detail provided

Tagged Passions:hospital and healthcare

ATM (Automated Teller Machine) AC AC AC AC AC AC AC AC Automobile, Truck, Motorcycle, Boat, Manufactured Home, Recreational Vehicle Repair Service*

Automobile, Recreational Vehicle, Boat Tractor Trailer Parking/Storage* Automobile, Truck, Motorcycle, Boat, Manufactured Home, Recreational Vehicle Sales Rental* Bar A AC A A A A A A Bed Breakfast Inn PC PC PC PC PC PC Brewery, Large (100,000+ barrels) PC PC Brewery, Micro (up to 100,000 barrels) CZ CZ PC PC PC PC PC PC Bus Stop Shelter PC PC PC PC PC PC PC PC Car Wash Automatic Self Service CZ

Tagged Passions:alcohol, sale, hotel, Public Transit, transportation, boating, rental, parking, and recreation

Cemetery/Columbarium AC AC AC AC AC AC AC AC AC AC AC Child Care/Preschools PC AC PC PC PC PC PC Civic* CZ CZ CZ CZ CZ CZ CZ CZ CZ CZ Commercial, Retail Service Uses 0 - 9,999 square feet P P P P P P P

Commercial, Retail Service Uses 10,000 - 29,999 square feet CZ CZ P P P P P Commercial, Retail Service Uses 30,000 - 49,999 square feet CZ CZ CZ CZ P P P
Tagged Passions:preschool, commercial, and Child Care

Commercial, Retail and Service Uses 50,000+ square feet CZ CZ CZ CZ CZ

Convenience Store PC PC PC PC Country Club* CZ CZ CZ CZ CZ Cruise/Excursion/Dinner Boat PC AC PC

Tagged Passions:boating and commercial

C
H A P T E R 5 : Z O N I N G U S E R E G U L A T I O N S

P - Permitted By Right S -Special Use Permit Required A - Accessory Use Only PC - Permitted w/ Supp. Conditions

CZ - Conditional Zoning Approval Required

Tagged Passions:zoning

AC - Accessory w/ Supp. Conditions

Use Category RP GR NR NMX WMX TC VC HC BC CO IC Distribution/Wholesale P P Drive-Through Facilities (Excluding Restaurants) PC PC PC PC PC PC PC PC Duplex PC PC Dwelling, Manufactured Home, Class A PC Dwelling, Multi-Family* CZ CZ CZ Dwelling, Single-Family P P P P CZ Essential Services, Class I Class II PC PC PC PC PC PC PC PC PC PC PC Essential Services, Class III CZ Essential Services, Class IV CZ CZ CZ P P P P P P P P Events/Gathering Facility, Indoor CZ CZ CZ CZ P P P P Events/Gathering Facility, Outdoor CZ CZ CZ CZ CZ CZ CZ CZ CZ Firing Range (Indoor only) CZ Funeral Homes/Crematory PC PC PC Golf Course CZ CZ CZ Golf Driving Range AC AC PC Golf, Miniature CZ P P P P Greenways and Trails P P P P P P P P P P P Home Occupation AC AC AC AC AC AC AC Hospital CZ CZ CZ Hotel, Motel, Inn CZ CZ CZ CZ PC PC PC Innovative Master Planned Development CZ CZ CZ CZ CZ CZ CZ CZ CZ CZ CZ

Tagged Passions:facility, hospital, development, restaurants, hotel, services, events, healthcare, parks, trails, Development, and golf

Kennel* CZ CZ CZ Manufacturing, Heavy PC Manufacturing, Light P P P Mining/Fracking/Quarry Operations

Mini-Warehouse/Storage Mixed Use Building PC PC PC PC Nightclub* CZ CZ CZ CZ CZ CZ Nursery (wholesale only) CZ Office P P P P P P P A Park P P P P P P P P P P P Park Ride Facility CZ PC PC PC PC PC PC Parking Area and/or Facility AC AC AC AC AC CZ AC AC AC AC AC Private Club PC PC PC Recreation Center, Public (0 14,999 square feet) P P P P P P P

Tagged Passions:facility, nightlife, fracking, FRACKING, parking, and recreation

C
H A P T E R 5 : Z O N I N G U S E R E G U L A T I O N S

P - Permitted By Right S -Special Use Permit Required A - Accessory Use Only PC - Permitted w/ Supp. Conditions

CZ - Conditional Zoning Approval Required

Tagged Passions:zoning

AC - Accessory w/ Supp. Conditions

Use Category RP GR NR NMX WMX TC VC HC BC CO IC Recreation Center, Public (15,000+ square feet) CZ P P P P P P Recreation Facilities CZ CZ CZ CZ PC PC PC PC AC AC PC Rental Cottages AC AC AC AC Residential Care Facility PC PC PC PC Residential Care Home PC PC PC PC Restaurant, Drive Through PC PC Restaurant, Non-Drive Through P P P P P P P Restaurant, Brewpub CZ PC PC PC PC PC PC Salvage School, Elementary, Middle, Senior High and College (public private)* CZ CZ CZ CZ CZ CZ CZ CZ CZ CZ School, Vocational* CZ CZ CZ CZ CZ CZ CZ CZ Small Wireless Facility* (Wireless Facility, Small) S S S S S PC PC PC PC PC PC Storage, Outdoor AC AC AC AC AC Subdivision, Conservation Rural* CZ Subdivision, Conservation Low* CZ Subdivision, Conservation Medium* CZ Subdivision, Family PC Subdivision, Farmhouse Cluster PC Subdivision, Major CZ CZ CZ CZ CZ CZ CZ CZ CZ CZ CZ Subdivision, Minor P P P P P P P P P P P Taproom AC AC AC AC AC AC AC AC Traditional Neighborhood Transient Occupancy PC PC PC PC Transient Occupancy in multi- family buildings only PC PC Warehouse A P

Tagged Passions:rural, facility, vocational education, restaurants, subdivision, Conservation, rental, university, education, wireless, Wireless, neighborhood, and recreation

* See Chapter 6 for specific conditions.

REQUEST FOR BOARD ACTION

Print

Date of Meeting: August 26, 2019

To: LDCAB Members

From: Wayne Herron, AICP

Deputy Town Manager/Director of Planning Action Requested: Staff will provide a legislative update. Manager's Recommendation: Hear Update

Tagged Passions:planning and manager

ATTACHMENTS: Name: Description: Type: No Attachments Available

REQUEST FOR BOARD ACTION

Print

Date of Meeting: August 26, 2019

To: LDCAB Members From: Becky Partin Senior Planner Action Requested: The Planning Department received the attached request to consider an amendment to the Land Development Code to allow accessory structures in the front yard - specifically sheds. The property owner states that the front yard of lakefront lots is the lake side, making the the street side of the lot the rear yard - according to the property owner. Manager's Recommendation: Discuss and provide direction to staff. ATTACHMENTS: Name: Description: Type: Shed_placement.pdf Shed Placement Request Backup Material
Tagged Passions:planning, streets, development, Development, property, and manager

REQUEST FOR BOARD ACTION

Print

Date of Meeting: August 26, 2019

To: LDCAB Members From: Becky Partin Senior Planner Action Requested: Staff was asked to review Open Space requirements for potential changes that may result in higher quality and larger open spaces in new developments. Manager's Recommendation:
Tagged Passions:development, Development, and manager

Review findings and provide direction to staff.

No additional detail provided


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