NC - Huntersville: Regular Town Board Meeting

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Regular Town Board Meeting

AGENDA Regular Town Board Meeting February 17, 2020 - 6:00 PM

TOWN HALL (101 Huntersville-Concord Road)

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1. Call to Order

2. Invocation - Moment of Silence

3. Pledge of Allegiance

4. Mayor and Commissioner Reports-Staff Questions

5. Public Comments, Requests, or Presentations - Speakers are limited to 3 minutes. The Mayor reserves the right to shorten the time limit for

speakers when an unusually large number of persons have signed up to speak. Speakers may not give all or a portion of their time to other speakers.

5.A. Recognition of Huntersville Police Officers/Staff who recently received awards.

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6. Agenda Changes

7. Public Hearings

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8. Other Business 8.A. Consider decision on Petition TA19-07, a request by Ryan McDaniels to

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amend Article 10.7.1 to allow buildings greater than 100,000 sq. ft. located in Corporate Business and Special Purpose Zoning Districts to have wall

sign(s) not to exceed 384 sq. ft. (Sierra Saumenig)
Tagged Passions:Homebuilder, business, and zoning

8.B. Consider decision on Petition R19-16, a request by Drew Bowman on behalf of the property owner, to remove the conditional rezoning and revert

back to the Rural Zoning District on Parcels 02107199, 02106106, 02106103, 02106104, 02106101, 02106102, 02106105, 02105101, 02105198, 02105102, 02105112, 02105115, 02120106, and 02122107 (split R/TR) and to remove the conditional rezoning and revert back to Transitional Residential on Parcels 02122107 (split R/TR), 02122106, 02122105, 02122104, 02122108, 02122102. (Jack Simoneau/Sierra Saumenig).
Tagged Passions:rural, zoning, and property

8.C. Consider decision on Petition R18-06, a request by Ellen and Frank Loncz to modify their Neighborhood Center - Conditional District existing

rezoning plan for 412 S. Old Statesville Road and to rezone the property located at 116 Watkins Street from General Residential to Neighborhood Center - Conditional District. (Sierra Saumenig)
Tagged Passions:streets, zoning, property, and neighborhood

9. Consent 9.A. Approve the minutes of the January 21, 2020 Regular Town Board Meeting.

(Janet Pierson)

9.B. Approve the minutes of the February 3, 2020 Regular Town Board Meeting. (Janet Pierson)

9.C. Approve transfer of tax receipts to Commerce Station Park. (Pattie McGinnis)

Tagged Passions:taxes, Taxes, and parks

9.D. Approve Property Tax Refund Report from Mecklenburg County. (Pattie McGinnis)

Tagged Passions:taxes, Taxes, property, and property tax

9.E. Approve budget amendment appropriating Capital Reserve fund to the Ranson Rosedale Park for the design and construction document. (Pattie

McGinnis)
Tagged Passions:construction, budget, and parks

9.F. Approve FY 2020 Audit Contract. (Pattie McGinnis)

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9.G. Adopt Ordinance for Temporary Road Closures for the Hello Huntersville Event. (Michael Jaycocks)

Tagged Passions:ordinance, streets, events, and street closure

9.H. Adopt Ordinance for Temporary Road Closures for the Veterans Day Parade and Event. (Michael Jaycocks)

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9.I. Adopt Ordinance for Temporary Road Closures for the Huntersville Christmas Event. (Michael Jaycocks)

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9.J. Adopt Resolution of the Town of Huntersville to Approve the Utility Construction and Reimbursement Agreement with the City of Charlotte as part

of the Main Street Upgrades Project. (Lora Mastrofrancesco)
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9.K. Adopt Resolution of the Town of Huntersville to Approve and Ratify Funding Agreement, 1st Supplemental Agreement and 2nd Supplemental Agreement

with the North Carolina Department of Transportation for the Main St Upgrades Project for additional CRTPO Funding. (Lora Mastrofrancesco)
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10. Closing Comments

11. Adjourn

1 Town of Huntersville Town Board

February 17, 2020

To: Town Board

From: Sierra Saumenig, Planning

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Date: 2/17/20

Subject: TA19-07: CB and SP Wall Signs

EXPLAIN REQUEST: Petition TA19-07, a request by Ryan McDaniels to amend Article 10.7.1 to allow buildings greater than 100,000 sq. ft. located in

Corporate Business and Special Purpose Zoning Districts to have wall sign(s) not to exceed 384 sq. ft.
Tagged Passions:Homebuilder, business, and zoning

ACTION RECOMMENDED: Consider decision on Petition TA19-07, a request by Ryan McDaniels to amend Article 10.7.1 to allow buildings greater than

100,000 sq. ft. located in Corporate Business and Special Purpose Zoning Districts to have wall sign(s) not to exceed 384 sq. ft. (Sierra Saumenig)
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FINANCIAL IMPLICATIONS:

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ATTACHMENTS: TA 19-07 FA Staff Report_021720.pdf

Attachment A Application.pdf

Attachment B Draft Ordinance.pdf

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TA19-07 Final Action Staff Report February 17, 2020

TA 19-07 CB and SP Wall Signs

PART 1: DESCRIPTION

TA19-07 is a request by Ryan McDaniels to amend Article 10.7.1 to allow buildings greater than 100,000

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square feet located in Corporate Business and Special Purpose Zoning Districts to have walls signs up to

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384 square feet in total (See Attachment A, Application).

PART 2: BACKGROUND

Currently, any building types in commercial districts (Highway Commercial, Corporate Business, Special

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Purpose, and Vehicular Sales) are permitted a wall mounted sign(s) up to 10 of the any wall face area

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fronting a street, up to a maximum of 128 square feet. If a project wants walls signs larger than 128

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square feet, they would need to apply for a Master Sign Program, which is a four-month process

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similar to a conditional district rezoning.

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This text amendment request is for buildings strictly in Corporate Business (CB) and Special Purpose (SP)

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that are over 100,000 square feet to allow such buildings to have wall signs not exceeding 384 square

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feet without having to apply for a Master Sign Program.

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Ryan McDaniels with Lake Norman Economic Development is proposing this amendment to the Zoning

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Ordinance to ensure that large buildings (100,000 sf+) have a sign that is proportional to the building s

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size.

An example of this is the Kurz building, which is currently under construction. This building is roughly

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138,324 square feet. Below are images of two conceptual walls signs on the Kurz building that do not

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exceed 384 square feet. The two wall signs, which total 359 square feet, fit proportionality with the

building s square footage.

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TA19-07 Final Action Staff Report February 17, 2020

The Huntersville Ordinances Advisory Board reviewed the proposed amendment at their September 5,

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2019 meeting and recommended unanimous approval of the proposed language.

PART 3: RELEVANT HUNTERSVILLE 2030 COMMUNITY PLAN AND APPLICABLE LONG RANGE PLAN

SECTIONS

The following are examples of relevant polices from the 2030 Huntersville Community Plan that may be

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incorporated into the Board s statement of consistency for approval or denial of the request.

1. Policy ED-3: Economic Development Competitive Advantage Target recruitment of business

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and industry for which Huntersville has a competitive advantage as identified in the Town SED

or other application plan.

2. Policy ED-14: Development Review Process Support efforts to improve efficiency and

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responsiveness of development review process for development proposals.

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STAFF COMMENT: This text amendment would allow more flexibility for buildings that are 100,000

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square feet or more and ensure that their wall sign(s) is proportional and easily visible from the street.

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PART 4: STAFF RECOMMENDATION

Planning Department: Approve (Consistent w/ Plans)

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In considering the proposed amendment, TA19-07 to amend Article 10.7.1 to allow buildings greater

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than 100,000 square feet located in Corporate Business and Special Purpose Zoning Districts to have

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walls signs up to 384 square feet in total, the Planning Staff finds the requested amendment consistent

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with Policy ED-3 and Policy ED-14 of the Huntersville 2030 Community Plan.

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It is reasonable and in the public interest to amend the Zoning Ordinance because allowing buildings

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100,000+ in size to have wall signs not exceeding 384 square feet allows the signs to be proportional

with the building size and easily visible from the street.

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PART 5: PUBLIC HEARING

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The initial Public Hearing was held on November 4, 2019. Due to legal ad requirements, there was a

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second Public Hearing held on January 6, 2020. No one from the public spoke for or against the

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application.

PART 6: PLANNING BOARD RECOMMENDATION

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The Planning Board heard this text amendment on January 28, 2020. The Planning Board voted

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unanimously (9-0) to approve the text amendment request.

Planning Board: Approve (Consistent w/ Plans)

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Approve TA19-07 to amend Article 10.7.1 of the Huntersville Zoning Ordinance to allow any building

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over 100,000 square feet, located in Corporate Business (CB) or Special Purpose (SP) Zoning Districts, the

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option of having wall sign(s) not to exceed 384 square feet total

TA19-07 Final Action Staff Report February 17, 2020

It is reasonable and in the public interest to amend the Huntersville Zoning Ordinance because doing so

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eliminates an unnecessary regulatory requirement saving time and money for both businesses and

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taxpayers .

PART 7: ATTACHMENTS

Attachment A: Text Amendment Application

Attachment B: Proposed Ordinance

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PART 8: STATEMENT OF CONSISTENCY TA19-07

Town Board:

Approve (Consistent w/ Plans) Approve (Inconsistent w/ Plans and Plans Change___?)

Deny (Inconsistent w/ Plans)

In considering the proposed amendment, TA 19-07 to amend Article 10.7.1 to allow buildings greater than 100,000 square feet located in Corporate

Business and Special Purpose Zoning Districts to have walls signs up to 384 square feet in total, the Town Board approves based on the amendment being consistent with [insert applicable plan reference(s)]
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It is reasonable and in the public interest to amend the Zoning Ordinance because [Explain]

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In considering the proposed amendment, TA 19-07 to amend Article 10.7.1 to allow buildings greater than 100,000 square feet located in Corporate

Business and Special Purpose Zoning Districts to have walls signs up to 384 square feet in total, the Town Board approves the amendment but finds the request inconsistent with [insert applicable plan reference(s)], therefore amends [insert plan reference(s) AND detail the ways the policy or reference is to be amended].
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The Town Board took into account the following change in conditions in recommending approval to meet the development needs in Huntersville: [List and

explain the change in conditions]
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It is reasonable and in the public interest to amend the Zoning Ordinance because [Explain]

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In considering the proposed amendment, TA 19-07 to amend Article 10.7.1 to allow buildings greater than 100,000 square feet located in Corporate

Business and Special Purpose Zoning Districts to have walls signs up to 384 square feet in total, the Town Board denies based on the amendment being [consistent OR inconsistent] with [insert applicable plan reference(s)].
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It is not reasonable and in the public interest to amend the Zoning Ordinance because [Explain]

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TA19-07 Final Action Staff Report February 17, 2020

1

TA 19-07 CB and SP Wall Signs

AN ORDINANCE TO AMEND ARTICLE 10.7.1 (ON-PREMISE SIGNS) OF THE ZONING ORDINANCE

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Section 1. Be it ordained by the Board of Commissioners of the Town of Huntersville that the

Zoning Ordinance is hereby amended as follows:

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10.7.1 On-Premise Signs are allowed, as indicated in the chart below

CIVIC BUILDINGS IN ANY DISTRICT

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Wall Mounted Sign

10 of any wall face area fronting a street, up to a maximum of 128

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square feet

Ground Mounted Sign

Maximum Number: 1 per street front

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Maximum Area: 32 square feet

Maximum Height: 8 feet

Not permitted for zero setback buildings

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Changeable copy shall not exceed 50 of the allowable sign face area

for either wall or ground mounted signs

ANY BUILDING TYPE IN A MIXED USE DISTRICT EXCEPT A DETACHED HOUSE

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(NC, TC, CI, TND-U, TND-R)

Wall Mounted Sign

10 of any wall face area fronting a street, up to a maximum of 128 square

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feet

Ground Mounted Sign

Maximum Number: 1 per street front

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Maximum Area: 32 square feet

Maximum Height: 8 feet

Not permitted for zero setback buildings

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Changeable copy shall not exceed 25 of the allowable sign face area for

either wall or ground mounted signs

ANY BUILDING TYPE IN A

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COMMERCIAL DISTRICT EXCEPT DETACHED HOUSE (HC, CB, SP, VS)

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Wall Mounted Sign

10 of any wall face area fronting a street, up to a maximum of 128

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square feet. However, in the CB and SP zone, any building over

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100,000 sq. ft. may have wall sign(s) not to exceed 384 square feet.

In addition, one Secondary Business Identification Sign (defined in

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Article 12) is permitted for each secondary business, up to a maximum

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combined area of 64 square feet for all secondary business

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identification signs. Notwithstanding the above, the total area of all

wall-mounted signs shall not exceed 10 of the applicable wall face

area.

Ground Mounted Sign

Maximum Number: 1 per street front

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Maximum Area: 32 square feet

Maximum Height: 8 feet

Not permitted for zero setback buildings

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Changeable copy shall not exceed 25 of the allowable sign face area

for either wall or ground mounted signs

MIXED USE BUILDINGS WHERE PERMITTED IN RESIDENTIAL DISTRICTS

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(NR)

Wall Mounted Sign

1 sign per business bay , up to a maximum of 12 square feet per bay; the

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sign area for any mixed use structure shall not exceed 5 of any wall face

area fronting a street

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Ground Mounted Sign

Maximum Number: 1 per building street front

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Maximum Area: 12 square feet

Maximum Height: 6 feet

Type permitted: pole and beam or framed only, as identified in

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10.5.2 b).

Illumination permitted: Down lighting or indirect lighting (no

internal illumination)

Changeable copy shall not exceed 25 of the allowable sign face area for

either wall or ground mounted signs

DIRECTORY SIGN

Maximum Number: 1 per street front; maximum 3

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signs; 1000-foot separation.

Maximum Area: 96 square feet per sign

Maximum Height of ground mounted signs: 12'

PLANNED DEVELOPMENT ENTRANCE SIGN

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Maximum Number: 1 per street front;

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2 sign faces may be used with a wall, fence, or other

architectural entrance feature

Total Maximum Area: 24 square feet

2

(includes shopping centers, office complexes, schools, large-scale

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religious institutions, institutional or business campuses, and similar

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large complexes which have a variety of tenants or uses)

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No individual tenant ground mounted signs are permitted

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Maximum Height: 8 feet

(permitted for all-residential, mixed use, and non-residential projects of 10

acres or more)

Limited to name and/or logo

Section 2. That this ordinance shall become effective upon adoption.

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HUNTERSVILLE ORDINANCE ADVISORY BOARD: Recommended Unanimous Approval on

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September 5, 2019

PUBLIC HEARING DATE: November 4, 2019

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PLANNING BOARD MEETING: November 19, 2019

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TOWN BOARD DECISION: December 2, 2019

1 Town of Huntersville Town Board

February 17, 2020

To: Town Board

From: Sierra Saumenig, Planning

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Date: 2/17/20

Subject: R19-16: Bradbury

EXPLAIN REQUEST: Petition R19-16, a request by Drew Bowman on behalf of the property owner, to remove the conditional rezoning and revert back to the

Rural (R) Zoning District on Parcels 02107199, 02106106, 02106103, 02106104, 02106101, 02106102, 02106105, 02105101, 02105198, 02105102, 02105112, 02105115, 02120106, and 02122107 (split R/TR). In addition, to remove the conditional rezoning and revert back to Transitional Residential (TR) on Parcels 02122107 (split R/TR), 02122106, 02122105, 02122104, 02122108, 02122102.
Tagged Passions:rural, zoning, and property

ACTION RECOMMENDED: Consider decision on Petition R19-16, a request by Drew Bowman on behalf of the property owner, to remove the conditional

rezoning and revert back to the Rural Zoning District on Parcels 02107199, 02106106, 02106103, 02106104, 02106101, 02106102, 02106105, 02105101, 02105198, 02105102, 02105112, 02105115, 02120106, and 02122107 (split R/TR) and to remove the conditional rezoning and revert back to Transitional Residential on Parcels 02122107 (split R/TR), 02122106, 02122105, 02122104, 02122108, 02122102. (Jack Simoneau/Sierra Saumenig).
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FINANCIAL IMPLICATIONS:

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ATTACHMENTS: R19-16 Bradbury FA Staff Report.pdf

Application

R18-05 Bradbury (Current Zoning).pdf

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R19-16 Bradbury General Rezoning - Staff Analysis 2/17/20

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Page 1 of 5

Petition R19-16: Bradbury General Rezoning

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PART 1: PROJECT SUMMARY

Application Summary: Petition R19-16, a request by Drew Bowman on behalf of the property owner, to remove the conditional rezoning and revert back to

the Rural (R) Zoning District on Parcels 02107199, 02106106, 02106103, 02106104, 02106101, 02106102, 02106105, 02105101, 02105198, 02105102, 02105112, 02105115, 02120106, and 02122107 (split R/TR). In addition, to remove the conditional rezoning and revert back to Transitional Residential (TR) on Parcels 02122107 (split R/TR), 02122106, 02122105, 02122104, 02122108, 02122102.
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Applicant: Drew Bowman on behalf of Metrolina Greenhouses Inc.

Property Owner: Metrolina Greenhouses Inc.

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Property Address: South of Huntersville-Concord Road and west of Metrolina Greenhouses

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Project Size: +/- 450 acres

Parcel Numbers: 02107199, 02106106, 02106103, 02106104, 02106101, 02106102, 02106105, 02105101, 02105198, 02105102, 02105112, 02105115, 02120106,

02122107, 02122106, 02122105, 02122104, 02122108, 02122102.
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Existing Zoning:

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Neighborhood Center (CD) Rural Transitional Neighborhood Development (CD)

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Proposed Zoning:

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Transitional Residential (TR) Rural (R)

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1. Adjoining Zoning and Land Uses

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North: Rural (R) single-family lots (large lot residential). South: Rural (R) single-family lots (large lot residential). East: Special Purpose

Conditional District (SP-CD) Metrolina Greenhouses West: Transitional Residential (TR) single-family lots (large lot residential).
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2. The applicant is proposing a general rezoning and not a conditional district rezoning. Therefore the application does not have a site plan or any

conditions associated with the request. If approved, all uses allowed in the Rural (R) and Transitional Residential (TR) districts will be permitted as described in the ordinance.
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3. The area in question is currently split zoned and has two different zoning designations on the property; Neighborhood Center Conditional Rezoning

and Rural Transitional Neighborhood Development Conditional District. The applicants intend to revert the property back to the original zoning of Rural (R) and Transitional Residential (TR).
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R19-16 Bradbury General Rezoning - Staff Analysis 2/17/20

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Page 2 of 5

4. Notifications to adjacent property owners were sent out by way of first class mail and a notification sign erected on the site per state statute.

No neighborhood meeting is required for a general rezoning.
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Current Zoning:

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Neighborhood Center Conditional District

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Proposed Zoning:

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Rural (R) Transitional Residential (TR)

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PART 2: REZONING/SITE PLAN ISSUES

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Since this is a general rezoning, there are no site specific issues with this rezoning application as there is no site plan associated to the

request.
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PART 3: TRANSPORTATION ISSUES

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Since a general rezoning is proposed, there are no transportation issues with changing the current zoning districts back to the original zoning

districts.
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R19-16 Bradbury General Rezoning - Staff Analysis 2/17/20

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Page 3 of 5

PART 4: REZONING CRITERIA

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Article 11.4.7(d) of the Zoning Ordinance states that in considering any petition to reclassify property, the Planning Board in its recommendation

and the Town Board in its decision shall take into consideration any identified relevant adopted land-use plans for the area including, but not limited to, comprehensive plans, strategic plans, district plans, area plans, neighborhood plans, corridor plans, and other land-use policy documents .
Tagged Passions:planning, ordinance, strategic, zoning, property, policy, corridor, and neighborhood

STAFF COMMENT Staff finds the proposed use consistent with the following policies of the 2030 Huntersville Community Plan:


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