NC - Shelby: Planning and Zoning Board

Get alerted when your passions are being discussed in Cleveland, Shelby and more for free

Issues discussed this meeting include:

Get Alerts On New Meetings
Sign Up

Planning and Zoning Board

Shelby City Council Agenda City Hall Council Chamber Regular Meeting 300 South Washington Street February 17, 2020 at 6:00 p.m. Shelby, North

Carolina
Tagged Passions:streets

Welcome and Call to Order by Mayor O. Stanhope Anthony III

Invocation

Pledge of Allegiance

A. Approval of agenda:

Discussion and revision of the proposed agenda, including consent agenda; adoption of an agenda

1) Motion to adopt the agenda as proposed or amended

B. Public Comment: 1

In accordance with City Council s policy, public comment is only taken at the second regular meeting each month. Any citizen who wishes to address

Council must register with the City Clerk prior to 6:00 p.m. on the meeting night. The Mayor will call upon each individual during this portion of the meeting and will allow three (3) minutes to speak.
Tagged Passions:policy

C. Public Hearings:

Tagged Passions:hearing

1) Consideration of a proposed ordinance amending the zoning map of the City of Shelby, North Carolina: Ordinance No. 4-2020 2

Tagged Passions:ordinance and zoning

2) Consideration of a proposed ordinance designating a local historic landmark for the Campbell Building: Ordinance No. 5-2020 13

Tagged Passions:Homebuilder, ordinance, and historic

D. Consent Agenda:

Prior to approval and adoption of the agenda, a Council Member may move an item from the Consent Agenda to the regular agenda. Items remaining on the

Consent Agenda will be considered collectively through a single motion and vote.
Tagged Passions:council

1) Approval of the Minutes of the Regular Meeting of January 6,

2020 55

Shelby City Council Agenda February 17, 2020 Page 2

2) Approval of the Minutes of the Special Meeting of February 1, 2020 61

3) Adoption of an ordinance authorizing demolition of a dwelling

Tagged Passions:ordinance and demolition

(401 Mint Street): Ordinance No. 6-2020 85

Tagged Passions:ordinance and streets

4) Adoption of an ordinance authorizing demolition of a dwelling (414 Washburn Switch Road): Ordinance No. 7-2020 91

Tagged Passions:ordinance, streets, and demolition

5) Adoption of an ordinance authorizing demolition of a dwelling (306 Buffalo Street): Ordinance No. 8-2020 99

Tagged Passions:ordinance, streets, and demolition

6) Adoption of Fiscal Year 2019-2020 Budget Ordinance Amendment No. 11: Ordinance No. 9-2020 105

Tagged Passions:ordinance and budget

7) Approval of a resolution honoring Michael Robert Mull on the occasion of his retirement from employment with the City of Shelby: Resolution No.

3-2020 108
Tagged Passions:recognition, retirement, seniors, and employment

8) Approval of a resolution accepting and entering into an agreement with the North Carolina Department of Transportation to accept grant funding for

the Shelby-Cleveland County regional Airport Grant No. 36244.23.14.1: Resolution No. 4-2020 111
Tagged Passions:funding, grant, airport, and transportation

9) Approval of a resolution approving the contract for the performance of the City of Shelby s annual audit and preparation of financial statements

for the Fiscal Year ended June 30, 2020: Resolution No. 5-2020 132
Tagged Passions:finance, contract, performance, audit, and financial report

E. Unfinished Business:

Tagged Passions:business

1) Consideration of appointments to City advisory boards and commissions: 153

Tagged Passions:boards and commissions and appointments

a. Keep Shelby Beautiful Commission 154

Tagged Passions:boards and commissions

b. Shelby-Cleveland County Regional Airport Advisory Board 159

Tagged Passions:airport

Shelby City Council Agenda February 17, 2020 Page 3

F. New Business: None 165

Tagged Passions:business

G. City Manager s Report 165

Tagged Passions:administrator and manager

H. Council Announcements and Remarks 165

Tagged Passions:council

I. Adjournment:

To adjourn a meeting of City Council, a majority of the Council members must vote for a motion to adjourn.

Tagged Passions:council

1) Motion to adjourn 165

City of Shelby Agenda Item Summary

February 17, 2020 City Hall Council Chamber

Tagged Passions:council

B. Public Comment:

In accordance with City Council s policy, public comment is only taken at the second regular meeting each month. Any citizen who wishes to address

Council must register with the City Clerk prior to 6:00 p.m. on the meeting night. The Mayor will call upon each individual during this portion of the meeting and will allow three (3) minutes to speak.
Tagged Passions:policy

1

City of Shelby Agenda Item Summary

February 17, 2020 City Hall Council Chamber

Tagged Passions:council

C. Public Hearing

Tagged Passions:hearing

Agenda Item: C-1

1) Consideration of a proposed ordinance amending the zoning map of the City of Shelby, North Carolina: Ordinance No. 4-2020

Tagged Passions:ordinance and zoning

(Presenting, Walter Scharer, Planning and Development Services Director) Summary of Available Information:

Tagged Passions:planning, development, services, and Development

Memorandum dated February 6, 2020 from Walter Scharer, Planning Director to Rick Howell, City Manager

Tagged Passions:planning, administrator, and manager

General Application Staff Report Location Map, Zoning Map Planning and Zoning Board Minutes Certified Recommendation Notice of Public Hearing

Ordinance No. 4-2020
Tagged Passions:planning, ordinance, zoning, and hearing

City Manager s Recommendation / Comments

Tagged Passions:administrator and manager

This time is scheduled on the agenda for City Council to conduct the required public hearing in accordance with the NC General Statutes. Following

the conclusion of the hearing the Council may act on the item under consideration. A certified recommendations from the Planning and Zoning Board is included as part of the packet. I would call attention to Mr. Scharer s memorandum noting that the zoning map amendment is inconsistent with the City s current land use plan. I would further note that the recommendation of the Planning and Zoning Board is advisory in nature only and that as a legislative matter Council has broad discretion to take action it believes is in the best interests of the City. That being said City Council has adopted plans and established an advisory board for the purposes of providing reasonable guidance in the decision making process.
Tagged Passions:planning, council, zoning, and hearing

The following excerpt from the NC General Statutes is provided as a reminder as to the statutory guidance provided to Council when considering

changes in zoning and development regulations.
Tagged Passions:regulation, council, development, zoning, and Development

160A-383. Purposes in view.

Zoning regulations shall be made in accordance with a comprehensive plan. When adopting or rejecting any zoning amendment, the governing board shall

also approve a statement describing whether its action is consistent with an adopted comprehensive plan and any other officially adopted plan that is applicable, and briefly explaining why the board considers the action taken to be reasonable and in the public interest. That statement is not subject to judicial review.
Tagged Passions:regulation, strategic, and zoning

After the conclusion of the public hearing City Council may act upon Ordinance No. 4-2020

Tagged Passions:ordinance, council, and hearing

2

Memorandum

To: Rick Howell - City Manager

Tagged Passions:administrator and manager

From: Walter Scharer Planning Director

Tagged Passions:planning

Date: February 6, 2020

Subject: Requested zoning map amendment from GBCU and GB to GB2 at 820 and

Tagged Passions:zoning

830 East Marion Street

Tagged Passions:streets

Executive Summary of Issue Background

This site was the former Pet Dairy. The site is currently owned by the Cleveland

Tagged Passions:pets

Community College. The College is intends to expand its Lineman Training program onto

Tagged Passions:program, training, and university

this site.

Review and Comments

The Comprehensive Land Use Plan for this area designates the site in the Residential

Medium Density area.

Recommendation

This proposed zoning map amendment is inconsistent with the Comprehensive Land Use

Tagged Passions:zoning

Plan. Planning and Zoning Board recommends this proposed zoning amendment.

Tagged Passions:planning and zoning

Please schedule a public hearing for this proposed zoning amendment at the next City

Tagged Passions:zoning and hearing

Council meeting on February 17, 2020.

Attachments: Application, Staff Report, Zoning Map, Notice of Public Hearing,

Tagged Passions:zoning and hearing

Planning and Zoning Board December 19, 2019 Planning and Zoning Board

Tagged Passions:planning and zoning

Minutes, Certified P Z Recommendation, and Ordinance

Tagged Passions:ordinance

3

4

Staff Report

To: City Of Shelby City Council Date: January 14, 2020 From: Alan Toney Meeting: February 17, 2020

Tagged Passions:council

Planner File: 1116

OWNER: Cleveland Community College (CCC) APPLICANT: Cleveland Community College

Tagged Passions:university

LOCATION: 1820 and 1830 E Marion Street PARCEL ID s: 22195 22198

Tagged Passions:streets and property

PRESENT ZONING: GB-CU GB REQUESTED ZONING: GB2

Tagged Passions:zoning

SURROUNDING ZONING: North: R6 R10 South: R10 East: R10 West: RO

Tagged Passions:zoning

UTILITIES: Water: Yes Sewer: Yes Floodplain: No Watershed: No

Tagged Passions:sewer, utility, Utility, water, and watershed

ANALYSIS: The 5.9 in total acre lots are currently undeveloped. Land uses in the area include single- family dwellings, multi-family dwellings, and

institutional uses. The owner is seeking GB zoning.
Tagged Passions:zoning

Conditional Use Districts are established to address those situations when a particular use may be acceptable but the general zoning district, which

would allow that use would not be acceptable. This Conditional Use District was assigned to this property at 1830 East Marion Street in 1997 for Retail and was later amended in 1998 to include Office Space. However, the site was never developed and has recently been purchased by Cleveland Community College (CCC).
Tagged Passions:zoning, purchasing, property, and university

The GB General Business District is established as a district in which to accommodate a wide range of retail; business; professional; and personal

services; and office uses. Areas zoned as GB are generally located on the fringe of the central business district and along major highway corridors. The site at 1820 East Marion Street was zoned GB in 1992 and was home to the PET Dairy. CCC purchased this site 10 years ago and have demolished the former PET Dairy building.
Tagged Passions:Homebuilder, business, streets, pets, zoning, services, purchasing, and corridor

The GB2 General Business 2 District is established as a district in which to accommodate a wide range of retail; business; professional; and personal

services; and office uses. Areas zoned as GB2 are generally located on the fringe of the central business district and along major highway corridors.
Tagged Passions:business, zoning, services, and corridor

STAFF COMMENTS: The Comprehensive Land Use Plan for this area designates this area as Residential Medium Density. Medium density residential

represents single-family detached development. However, the Comprehensive Land Use Plan also designates the adjoining Community College Area as institutional. Institutional Land Uses include schools, city and county facilities, churches, colleges and universities, and similar non-commercial uses.
Tagged Passions:development, church, Development, university, commercial, and education

This proposed zoning map amendment is inconsistent with the Comprehensive Land Use Plan.

Tagged Passions:zoning

The requested zoning map amendment is for the lot on Kings Road Extension and 1830 East Marion Street. However, after much deliberation and

discussion by the Planning and Zoning Board, the Board is recommending a zoning map amendment at 1820 and 1830 East Marion Street from General Business (GB) and General Business Conditional Use (GB-CU) to General Business 2 (GB2). The Planning and Zoning Board makes this recommendation on the basis of GB2 being a better fit for the local area.
Tagged Passions:planning, business, and zoning

5

R6

R10

R10

R10

RO

R20

R10

GB

R20

R10

R10 GB

-CU

MAR ION

KIN GS

RO AD

ADDIE

SPIRAL

Ma p In

form atio

n: Dat

um : NA

D 1 983

Coo rdin

ate : St

ate Pla

ne Nor

th C aro

lina (M

ete r)

Pro ject

ion : La

mb ert

Con form

al C oni

c US

Na tion

al G rid

Gri d Z

one De

sign atio

n (G ZD

): 1 7S

100 ,00

0m Sq

uar e ID

: M V/M

U

Zon ing

Ma p

Dat e: 1

/16 /20

20 Sca

le 1:3

,00 0

1 in ch =

25 0 fe

et 0

250 500

125 Fee

t

I

Cle vela

nd Com

mu nity

Co lleg

e

6

MAR ION

KIN GS

RO AD

ADDIE

SPIRAL

Ma p In

form atio

n: Dat

um : NA

D 1 983

Coo rdin

ate : St

ate Pla

ne Nor

th C aro

lina (M

ete r)

Pro ject

ion : La

mb ert

Con form

al C oni

c US

Na tion

al G rid

Gri d Z

one De

sign atio

n (G ZD

): 1 7S

100 ,00

0m Sq

uar e ID

: M V/M

U

Loc atio

n M ap

Dat e: 1

/16 /20

20 Sca

le 1:3

,00 0

1 in ch =

25 0 fe

et 0

250 500

125 Fee

t

I

Mar ion

Rid ge

Apa rtm

ent s

LeG ran

d C ent

er Fire Sta

tion 3Cl

eve land

Co mm

unit y C

olle ge

7

CITY OF SHELBY PLANNING AND ZONING BOARD MINUTES December 19, 2019

Tagged Passions:planning and zoning

City of Shelby/Cleveland County Airport 830 College Avenue, Shelby, NC

Tagged Passions:airport and university

Item 1. Call to Order/Roll Call

Chair Peeler called the meeting to order at 12:15 PM and noted that a quorum was present.

Board Present: Marlene Peeler, Rick Washburn, Jim Martin, Scott Bankhead, Jeff Aderholt, Mark Carter, Charles Hamrick and Greg Taylor

Staff Present: Walt Scharer (Planning Director)

Tagged Passions:planning

Item 2. Approval of the Minutes for the November 16, 2019 meeting

Chair Peeler asked if there were any questions or comments about the November 16, 2019 minutes. The minutes were approved as submitted.

Item 3. Proposed Zoning Map Amendment 820 and 830 East Marion Street

Tagged Passions:zoning

Mr. Scharer presented this proposed zoning map amendment. The subject property is zoned GB-CU and is currently vacant. The applicant wishes to expand

its Lineman Training Program onto the property. Other land uses in the area include single-family dwellings, multi-family dwellings, and institutional uses.
Tagged Passions:zoning, program, training, and property

Conditional Use Districts are established to address those situations when a particular use may be acceptable but the general zoning district, which

would allow that use would not be acceptable. This allows City Council to approval a proposal for a specific use with reasonable conditions to assure the compatibility of the use with the surrounding properties. The condition use for this property was never established.
Tagged Passions:council, zoning, and property

The GB General Business District is established as a district in which to accommodate a wide range of retail; business; professional; and persona

services; office; and limited wholesale and warehousing uses. Areas zoned as GB are generally located on the fringe of the central business district and along major highway corridors.
Tagged Passions:business, zoning, services, and corridor

This proposed amendment is inconsistent with the City s Comprehensive Land Use Plan. The Comprehensive Land Use Plan for this area designates this

area as Residential Medium Density. Medium density residential represents single- family detached development. However, the Comprehensive Land Use Plan also designates the adjoining Community College Area as institutional. Institutional Land Uses include schools, city and county facilities, churches, colleges and universities, and similar non-commercial uses.
Tagged Passions:development, church, Development, university, commercial, and education

The requested zoning map amendment is for the lot on Kings Road Extension and 1830 East Marion Street. However, after much deliberation and

discussion by the Planning and Zoning Board, the Board is recommending a zoning map amendment at 1820 and 1830 East Marion Street from General Business (GB) and General Business Conditional Use (GB- CU) to General Business 2 (GB2).
Tagged Passions:planning, business, and zoning

The Planning and Zoning Board makes this recommendation on the basis of GB2 being a better fit for the local area. A discussion of the application

amongst the board members occurred.
Tagged Passions:planning and zoning

Motion: Mr. Hamrick made the motion to recommend approval of this proposed zoning map amendment

Tagged Passions:zoning

Second: Mr. Martin. Action: This motion passed unanimously.

Item 5. Announcements

Mr. Scharer and gave updates concerning streetscape work, the rail trail, the bicycle and pedestrian plan, and the parks and recreation master plan.

Tagged Passions:streets, transportation, streetscape, parks, trails, Bicycles, Pedestrian, recreation, and bicycles

Item 6. Motion to adjourn.

Chair Peeler adjourned the meeting at 12:24 pm. 9

Certified Recommendation City of Shelby Planning Zoning Board

Tagged Passions:planning and zoning

Case File: 1116

Amendment: A Zoning Map Amendment for property located at 1820 1830 East Marion Street with

Tagged Passions:zoning and property

PIN s: 22195 22198 from General Business Conditional Use (GB-CU) General Business (GB) zoning district to General Business 2 (GB2) zoning district.

Tagged Passions:business and zoning

[ See More ]
Council Map

Welcome!

Monitor up to five cities and counties and get alerts when they plan to vote on topics you're passionate about.