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)

Tagged Interests: streets

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.

Tagged Interests: recognition and public safety

6. Agenda Changes

7. Public Hearings

Tagged Interests: hearing

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

Tagged Interests: business

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 Interests: 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 Interests: 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 Interests: 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 Interests: taxes, Taxes, and parks

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

Tagged Interests: 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 Interests: construction, budget, and parks

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

Tagged Interests: contract and audit

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

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

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

Tagged Interests: ordinance, veterans, streets, events, and street closure

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

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

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)
Tagged Interests: construction, streets, utility, and Utility

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)
Tagged Interests: funding and transportation

10. Closing Comments

11. Adjourn

1 Town of Huntersville Town Board

February 17, 2020

To: Town Board

From: Sierra Saumenig, Planning

Tagged Interests: planning

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 Interests: 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)
Tagged Interests: Homebuilder, business, and zoning

FINANCIAL IMPLICATIONS:

Tagged Interests: finance

ATTACHMENTS: TA 19-07 FA Staff Report_021720.pdf

Attachment A Application.pdf

Attachment B Draft Ordinance.pdf

Tagged Interests: ordinance

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

Tagged Interests: Homebuilder

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

Tagged Interests: business and zoning

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

PART 2: BACKGROUND

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

Tagged Interests: Homebuilder, business, and commercial

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

Tagged Interests: sale

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

Tagged Interests: streets

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

Tagged Interests: program

similar to a conditional district rezoning.

Tagged Interests: zoning

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

Tagged Interests: Homebuilder and business

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

Tagged Interests: Homebuilder

feet without having to apply for a Master Sign Program.

Tagged Interests: program

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

Tagged Interests: economic development, development, zoning, and Development

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

Tagged Interests: Homebuilder and ordinance

size.

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

Tagged Interests: Homebuilder and construction

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

Tagged Interests: Homebuilder

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

building s square footage.

Tagged Interests: Homebuilder

TA19-07 Final Action Staff Report February 17, 2020

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

Tagged Interests: ordinance

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

Tagged Interests: public safety

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

Tagged Interests: business, economic development, grocery, development, Development, and policy

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

Tagged Interests: development, Development, policy, and government efficiency

responsiveness of development review process for development proposals.

Tagged Interests: development and Development

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

Tagged Interests: Homebuilder

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

Tagged Interests: streets

PART 4: STAFF RECOMMENDATION

Planning Department: Approve (Consistent w/ Plans)

Tagged Interests: planning

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

Tagged Interests: Homebuilder

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

Tagged Interests: business and zoning

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

Tagged Interests: planning

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

Tagged Interests: policy

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

Tagged Interests: Homebuilder, ordinance, and zoning

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.

Tagged Interests: Homebuilder and streets

PART 5: PUBLIC HEARING

Tagged Interests: hearing

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

Tagged Interests: legal and hearing

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

Tagged Interests: hearing

application.

PART 6: PLANNING BOARD RECOMMENDATION

Tagged Interests: planning

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

Tagged Interests: planning

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

Planning Board: Approve (Consistent w/ Plans)

Tagged Interests: planning

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

Tagged Interests: Homebuilder, ordinance, and zoning

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

Tagged Interests: business and zoning

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

Tagged Interests: ordinance and zoning

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

Tagged Interests: regulation and business

taxpayers .

PART 7: ATTACHMENTS

Attachment A: Text Amendment Application

Attachment B: Proposed Ordinance

Tagged Interests: ordinance

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)]
Tagged Interests: Homebuilder, business, and zoning

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

Tagged Interests: ordinance and zoning

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].
Tagged Interests: Homebuilder, business, zoning, and policy

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]
Tagged Interests: development and Development

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

Tagged Interests: ordinance and zoning

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)].
Tagged Interests: Homebuilder, business, and zoning

It is not reasonable and in the public interest to amend the Zoning Ordinance because [Explain]

Tagged Interests: ordinance and zoning

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

Tagged Interests: ordinance and zoning

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

Zoning Ordinance is hereby amended as follows:

Tagged Interests: ordinance and zoning

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

CIVIC BUILDINGS IN ANY DISTRICT

Tagged Interests: Homebuilder

Wall Mounted Sign

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

Tagged Interests: streets

square feet

Ground Mounted Sign

Maximum Number: 1 per street front

Tagged Interests: streets

Maximum Area: 32 square feet

Maximum Height: 8 feet

Not permitted for zero setback buildings

Tagged Interests: Homebuilder

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

Tagged Interests: Homebuilder

(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

Tagged Interests: streets

feet

Ground Mounted Sign

Maximum Number: 1 per street front

Tagged Interests: streets

Maximum Area: 32 square feet

Maximum Height: 8 feet

Not permitted for zero setback buildings

Tagged Interests: Homebuilder

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

either wall or ground mounted signs

ANY BUILDING TYPE IN A

Tagged Interests: Homebuilder

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

Tagged Interests: commercial

Wall Mounted Sign

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

Tagged Interests: streets

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

Tagged Interests: Homebuilder

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

In addition, one Secondary Business Identification Sign (defined in

Tagged Interests: business

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

Tagged Interests: business

combined area of 64 square feet for all secondary business

Tagged Interests: business

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

Tagged Interests: streets

Maximum Area: 32 square feet

Maximum Height: 8 feet

Not permitted for zero setback buildings

Tagged Interests: Homebuilder

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

Tagged Interests: Homebuilder

(NR)

Wall Mounted Sign

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

Tagged Interests: business

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

area fronting a street

Tagged Interests: streets

Ground Mounted Sign

Maximum Number: 1 per building street front

Tagged Interests: Homebuilder and streets

Maximum Area: 12 square feet

Maximum Height: 6 feet

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

Tagged Interests: pole

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

Tagged Interests: streets

signs; 1000-foot separation.

Maximum Area: 96 square feet per sign

Maximum Height of ground mounted signs: 12'

PLANNED DEVELOPMENT ENTRANCE SIGN

Tagged Interests: development and Development

Maximum Number: 1 per street front;

Tagged Interests: streets

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

Tagged Interests: commercial and education

religious institutions, institutional or business campuses, and similar

Tagged Interests: business

large complexes which have a variety of tenants or uses)

Tagged Interests: rental

No individual tenant ground mounted signs are permitted

Tagged Interests: rental

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.

Tagged Interests: ordinance

HUNTERSVILLE ORDINANCE ADVISORY BOARD: Recommended Unanimous Approval on

Tagged Interests: ordinance

September 5, 2019

PUBLIC HEARING DATE: November 4, 2019

Tagged Interests: hearing

PLANNING BOARD MEETING: November 19, 2019

Tagged Interests: planning

TOWN BOARD DECISION: December 2, 2019

1 Town of Huntersville Town Board

February 17, 2020

To: Town Board

From: Sierra Saumenig, Planning

Tagged Interests: planning

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 Interests: 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).
Tagged Interests: rural, zoning, and property

FINANCIAL IMPLICATIONS:

Tagged Interests: finance

ATTACHMENTS: R19-16 Bradbury FA Staff Report.pdf

Application

R18-05 Bradbury (Current Zoning).pdf

Tagged Interests: zoning

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

Tagged Interests: zoning

Page 1 of 5

Petition R19-16: Bradbury General Rezoning

Tagged Interests: zoning

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.
Tagged Interests: rural, zoning, and property

Applicant: Drew Bowman on behalf of Metrolina Greenhouses Inc.

Property Owner: Metrolina Greenhouses Inc.

Tagged Interests: property

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

Tagged Interests: streets and property

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.
Tagged Interests: property

Existing Zoning:

Tagged Interests: zoning

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

Tagged Interests: rural, development, Development, and neighborhood

Proposed Zoning:

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Transitional Residential (TR) Rural (R)

Tagged Interests: rural

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).
Tagged Interests: rural

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.
Tagged Interests: rural, ordinance, and zoning

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).
Tagged Interests: rural, development, zoning, Development, property, and neighborhood

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

Tagged Interests: zoning

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.
Tagged Interests: zoning, property, and neighborhood

Current Zoning:

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Neighborhood Center Conditional District

Tagged Interests: neighborhood

Proposed Zoning:

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Rural (R) Transitional Residential (TR)

Tagged Interests: rural

PART 2: REZONING/SITE PLAN ISSUES

Tagged Interests: zoning

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.
Tagged Interests: zoning

PART 3: TRANSPORTATION ISSUES

Tagged Interests: transportation

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

districts.
Tagged Interests: zoning and transportation

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

Tagged Interests: zoning

Page 3 of 5

PART 4: REZONING CRITERIA

Tagged Interests: zoning

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 Interests: 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: