Minutes of the Planning and Zoning Board of the City of Belmont

Transcription

1 City of Belmont Planning and Zoning Board Meeting City Hall, 115 N. Main Street, Historic Downtown Belmont March 20, 2018, 7:00 PM Page A. COMMENCEMENT (1) Call to Order (2) Set Agenda (3) Approval of February 15, 2018 Planning Board Draft Minutes PZ Draft Minutes 2018_02_15 - Pdf 3-7 B. AGENDA (1) ZA Snyder Rezone: a zoning map amendment to rescind Belmont zoning for a vacant parcel. Location: Across the street from 1117 & 1119 Armstrong Ford Road; Parcel ID# ; Applicant: Richard & Ashley Snyder. ZA Snyder Rezone - Pdf (2) Comprehensive Land Use Plan Update: A request to recommend approval of the draft Comprehensive Land Use Plan to City Council. Comprehensive Land Use Plan Update - Pdf C. OTHER BUSINESS (1) Other Business D. ADJOURNMENT Page 1 of 22

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3 The City of Belmont Planning & Zoning Board City Hall March 20, 2018 Agenda Item #A.(3) DESCRIPTION: MEETING: DEPARTMENT: STAFF CONTACT: February 15, 2018 Planning Board Draft Minutes 2018_03_20 Planning & Zoning Board Planning and Zoning Shelley DeHart FISCAL IMPACT SUMMARY: None. SUMMARY OF ACTION: The minutes from the February 15, 2018 are enclosed for your review and approval. EXHIBITS: PZ Draft Minutes_2_15_2018 STAFF RECOMMENDATION: The Planning staff recommends approval of these minutes. Page 3 of 22

4 Agenda Item #A.(3) Minutes of the Planning and Zoning Board of the City of Belmont The Planning and Zoning Board met Thursday, 15 February 2018, at City Hall, 115 N. Main Street. Members present Neil Brennan Patricia Franks Jim Hefferan Beth Lloyd Allison Cottingham David Baker Andrew Miller Walter Dixon Staff present Shelley DeHart, Planning Director Melissa Lockamy, Planner Vicki Davis, Downtown Director Parks Wilson, City Attorney LDC CLUP ZA MDP TA Acronyms Land Development Code Comprehensive Land Use Plan Zoning Map Amendment Major Development Plan Text Amendment of the LDC A quorum having been met, Chairman Neil Brennan called the meeting to order at 7:00 pm. Set Agenda: Jim Hefferan moved to set the agenda. David Baker seconded the motion which passed with a unanimous vote. Approval of 18 January 2018 Minutes: Walter Dixon moved to approve the minutes of the 18 January 2018 meeting as written. Andrew Miller seconded the motion. The motion passed by a unanimous vote. ZA North Main Station: a request to rezone a.36-acre property from a Neighborhood Center Commercial (NC-C) zoning district to a Neighborhood Center Commercial/Conditional District (NC-C/CD) to allow for the development of a 5,900 sq. ft. commercial structure. The new structure is proposed to be located behind the existing historic train depot and will face Glenway Street. Location: 4 N. Main Street. Applicant: Stephen Pepitone. Director DeHart presented Zoning Map Amendment ZA The request for the conditional zoning district would apply to the entire parcel including the existing building. The project includes a request for rear yard setback relief, modifying the setback from 20 feet to a 5 foot setback. This request for relief, if granted, is to allow the required public improvements of sidewalk, street lights, and street trees to be placed on the subject project in lieu of the public right-of-way, because there is no space to accommodate the infrastructure in the existing right-of-way. Director DeHart presented current zoning in the area, the existing conditions surrounding the subject property, and then discussed the Center City core area as identified in the Comprehensive Plan. Staff is of the opinion that this is a reasonable request in the best interest of the public, meeting the goals of the Comprehensive Land Use Plan in the areas of economic development, job creation, and provision of goods and services for the community. The neighborhood meeting was Page 4 of 22

5 Agenda Item #A.(3) Minutes of the Planning and Zoning Board of the City of Belmont held on February 7, Minutes from the meeting are included in the staff report as attachment B and no complaints or concerns were presented. Staff received two phone calls regarding this project. One caller expressed support for the project and the other expressed concern with the lack of provided parking. Director DeHart stated the City takes the issue of parking in the downtown area very seriously and has worked hard to expand the parking stock within the area. The City has expanded the parking stock by 40 percent between 2017 and The City Council has also just entered into a lease agreement at its February meeting with Norfolk Southern for additional lease area located adjacent to the railroad tracks that can be used to further expand the parking in downtown. Staff recommends approval with the conditions presented. The Planning Board asked site-specific questions regarding sidewalk elevation and construction details, setbacks for potential future buildings, trash accommodations, and public parking. Talia Simons, speaking for the applicant, indicated she and the applicant have been in Belmont for 9-14 years and provided the history of their business, South Main Cycles and the Station. Their goal is to keep investing in Belmont. She stated the existing rail car on the property will have to be relocated; further, vandalism is a recurring problem. Hearing no more discussion, the Chairman entertained a motion. Jim Hefferan moved to recommend approval with conditions as presented. David Baker seconded the motion which passed with a unanimous vote. Jim Hefferan moved to find the project a reasonable request in the best interest of the public and consistent with the Comprehensive Land Use Plan, because it is in keeping with the Center City Small Area Plan and supports economic development opportunities. Andy Miller seconded the motion which passed with a unanimous vote. TA Amendment of Chapters 15 & 20 of the Belmont Land Development Code: a request to amend the text and map amendment process to include consistency statements compliant with recent changes to state law and to amend protest petition language found in these chapters. Melissa Lockamy, project planner, presented the case, explaining the request is to bring current ordinances into alignment with state law. The Planning Board asked specific questions related to the amendment of the protest petition language, asking for clarification on clerk to the board. Staff indicated they would contact the UNC School of Government for interpretation. Other grammatical edits were suggested by the board. Jim Hefferan moved to recommend approval subject to discussion and edits. The motion was seconded by Andy Miller and passed with a unanimous vote. Jim Hefferan followed the vote with a new motion finding the text amendment a reasonable request in the best interest of the public and consistent with the Comprehensive Land Use Plan because it implements state law. The motion was seconded by Andy Miller and was passed with a unanimous vote. TA Amendment of Chapters 4 and 5 of the Belmont Land Development Code: a request to amend Chapters 4 and 5 of the Land Development Code requiring commercial uses Page 5 of 22

6 Agenda Item #A.(3) Minutes of the Planning and Zoning Board of the City of Belmont within structures located adjacent to certain roads (collector streets), unless approved by a conditional district re-zoning, when located within the Downtown District and allowing flexibility in the permitting process for Conditional Use Permits. Location: City-wide. Applicant: City of Belmont. Director DeHart presented the case, explaining this amendment has two parts. The impetus for the first part of this amendment Chapter 5, focused on the recently approved zoning map amendment petition for the Downtown District zoning. Staff noted that the Comprehensive Land Use Plan (current and draft update) and LDC encourage commercial uses at street level within our downtown core area and should foster economic development. The proposed change encourages commercial use by right at street level when located adjacent to a collector street with the option for other permitted uses with a Conditional District Zoning. This would allow the property owner an option to present the case to the City if commercial use was not proposed at street level when located adjacent to a collector street. The second part of this amendment is to allow flexibility with approval processing when a Conditional Use Permit (CUP) is required and additional relief is requested that should be processed by a Conditional District Zoning. The amendment would allow a choice in process depending upon the proposed project. A general discussion ensued regarding the future of Conditional Use Permits and Conditional District Zonings. Beth Lloyd moved to consider and vote on each part of this amendment separately. The motion was seconded by Jim Hefferan and unanimously approved. The Planning Board considered the modification, providing flexibility with the Conditional Use Permit; they then discussed the remaining text amendment further. A general discussion ensued regarding Boardmember Lloyd s concern restricting use on private property in the Downtown District. Director DeHart stated the proposed draft provides the opportunity for other permitted uses by Conditional District Zoning. Parks Wilson provided background information on the recently approved rezone case that was the impetus for this amendment. Jennifer Church, property owner and applicant on the recent rezoning case, stated her company was in support of the text amendment. Following discussion, the board reached a consensus regarding the entire text amendment proposed. With the support of the board, Jim Hefferan amended the previous motion to recommend approval of TA as presented. Andy Miller seconded the motion which passed with a unanimous vote. Jim Hefferan followed the vote with a new motion finding the text amendment a reasonable request in the best interest of the public and consistent with the Comprehensive Land Use Plan, because it promotes economic development in the appropriate location, improves the process for conditional uses, and implements the vision of the Comprehensive Land Use Plan. The motion was seconded by Beth Lloyd and passed with a unanimous vote. Page 6 of 22

7 Agenda Item #A.(3) Minutes of the Planning and Zoning Board of the City of Belmont Other Business: Director DeHart provided an update on the Comprehensive Land Use Plan, and discussed targeting the end of the month for a Steering Committee meeting and a joint meeting with City Council mid- March. Tentative dates were discussed and will be confirmed by staff. Beth Lloyd moved to adjourn at 8:30 p.m., and Allison Cottingham seconded the motion, with a unanimous vote in favor. Adopted this 20 th day of March, 2018 Neil Brennan, Chairman Page 7 of 22

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9 The City of Belmont Planning & Zoning Board City Hall March 20, 2018 Agenda Item #B.(1) DESCRIPTION: MEETING: DEPARTMENT: STAFF CONTACT: ZA Snyder Rezone: a zoning map amendment to rescind Belmont zoning for a vacant parcel. Location: Across the street from 1117 & 1119 Armstrong Ford Road; Parcel ID# ; Applicant: Richard & Ashley Snyder. 2018_03_20 Planning & Zoning Board Planning and Zoning Shelley DeHart FISCAL IMPACT SUMMARY: None SUMMARY OF ACTION: A property owner has requested a zoning map amendment to rescind City of Belmont zoning for a vacant parcel located on Armstrong Ford Road in order for the Town of Cramerton to annex the property. This parcel lies within an area defined in a sphere-of-influence agreement between the Town of Cramerton and the City of Belmont. EXHIBITS: PB_Report_ZA2017_04 STAFF RECOMMENDATION: Recommend approval to the City Council Page 9 of 22

10 Agenda Item #B.(1) Zoning Map Amendment Request: ZA Applicant: Adam Fiorenza Property Owner: Richard and Ashley Snyder Current Zoning: General Residential (G-R) Proposed Zoning: None (rescission of City of Belmont zoning) Property Location: Vacant lot located across the street from 1117 & 1119 Armstrong Ford Rd. Gaston County Tax Parcel Identification Number: Request: To amend the Belmont zoning map to rescind City of Belmont zoning. Map 1 Location of subject property Page 10 of 22

11 Agenda Item #B.(1) Background: The subject property is located within the city s extraterritorial jurisdiction (ETJ) area and therefore subject to the city s land use zoning. This parcel, and parcels located to the west and south on Armstrong Ford Road, is also located within an area defined as a sphere-ofinfluence agreement between the City of Belmont, Town of Cramerton, and City of Gastonia. The applicant Adam Fiorenza, on behalf of the property owner, has submitted this petition to rescind Belmont s zoning to allow the Town of Cramerton to annex and place its zoning on the subject property. The intent behind this request is to ultimately develop the subject property with the adjacent property located to the north, as one residential subdivision. The adjacent property to the north is located within the Town of Cramerton and is the subject of a conditional zoning petition under consideration by Cramerton. Both cities have met multiple times to discuss the planned development and determined it would be problematic to have one residential neighborhood split by two jurisdictions. Possible Residential Subdivision in Cramerton Subject Property Staff Analysis: The subject property is vacant, approximately 3.48 acres in size, and zoned General Residential (G-R). Adjacent properties: Direction Zoning Jurisdiction North Industrial Town of Cramerton South & East General Residential Unincorporated area of Gaston County (City of Belmont ETJ zoning) West General Residential Unincorporated area of Gaston County (City of Belmont ETJ zoning) Page 11 of 22

12 Agenda Item #B.(1) Comprehensive Land Use Plan: The adopted Comprehensive Land Use Plan provides the City guidance for properties that may be annexed into the city at a future date. The subject property is located within the Suburban Neighborhood District of the adopted Comprehensive Land Use Plan which anticipated primarily single-family residential development. The adopted plan also provides the following guidance with regards to annexation. f. Growth Management Annexation Where appropriate, Belmont needs to consider the use of involuntary annexation as another tool to exercise control over development. Areas that are not currently in the City s extra-territorial jurisdiction (ETJ) need to be brought into the ETJ. The City needs to work with Mt. Holly, Cramerton, McAdenville, and Gastonia to agree on spheres of influence for future annexation and ETJ s. Involuntary annexation is no longer a legal option in North Carolina. The property owner has petitioned the City to rescind Belmont s zoning to allow for annexation of the subject property into the Town of Cramerton. The Town of Cramerton, City of Gastonia, and the City entered into an annexation agreement in An amendment of the agreement was approved by the City Council at its March meeting and would allow the annexation of the property by Cramerton if petitioned by the property owner. Staff is of the opinion that the request to rescind Belmont s zoning for the subject property is consistent with the adopted Comprehensive Plan because it follows the guidance of the comprehensive plan regarding growth management, with regard to the agreement of spheres of influence for future annexation and ETJs. Page 12 of 22 3

13 Agenda Item #B.(1) We are also of the opinion that it is a reasonable request in the best interest of the public because: 1. It will avoid the possibility of a residential development split by two jurisdictions; and 2. The property owner has authorized this petitioned to rescind Belmont s zoning to allow for an annexation petition to be filed with the Town of Cramerton. Planning & Zoning Board Action: Consider the petition, receive public comment, and make a recommendation to the City Council Attachment A - Application Attachment B Annexation Agreement as Approved by City Council Attachment C Statement of consistency Page 13 of 22 4

14 Attachment - AAgenda Item #B.(1) See attached Page 14 of 22

15 Page 15 of 22 Agenda Item #B.(1)

16 Page 16 of 22 Agenda Item #B.(1)

17 Page 17 of 22 Agenda Item #B.(1)

18 Attachment B Agenda Item #B.(1) RESOLUTION APPROVING AMENDED ANNEXATION AGREEMENT WHEREAS, on June 17, 2017, the City of Belmont, the Town of Cramerton, and the City of Gastonia, entered into an annexation agreement concerning the annexation of unincorporated areas adjacent to the three municipalities, in order to facilitate efficient growth and land use planning; and WHEREAS, Chapter 204 of the 1987 Session Laws of the North Carolina General Assembly authorizes municipalities in Gaston County to enter into such agreements; and WHEREAS, Cramerton and Belmont have requested to modify the annexation agreement map to move the parcel of land identified on the Gaston County tax map as parcel number from Belmont s sphere of influence area to Cramerton s sphere of influence; and WHEREAS, the City of Gastonia City has no objection to this request; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Belmont that the annexation agreement with the Town of Cramerton and the City of Gastonia attached hereto as Exhibit A and incorporated herein by reference is hereby approved, and the Mayor and City Clerk are authorized to execute said agreement on behalf of the City of Gastonia. Resolved this the 5th day of March, Charles R. Martin, Mayor Attest: Jamie Campbell, City Clerk APPROVED AS TO FORM: Parks Wilson, City Attorney Page 18 of 22

19 Page 19 of 22 Agenda Item #B.(1)

20 City of Belmont Attachment C Agenda Item #B.(1) 115 North Main St. P. O. Box 431 Belmont, NC Fax: Statement of consistency In considering the amendment of the City of Belmont Zoning Map request associated with petition ZA , Snyder Rezone, the Belmont planning and zoning board finds this petition to be a reasonable request in the public interest and consistent with the Comprehensive Plan because: It follows the guidance of the comprehensive plan regarding growth management, with regard to the agreement of spheres of influence for future annexation and ETJs; and It will avoid the possibility of a residential development split by two jurisdictions; and The property owner has authorized this petitioned to rescind Belmont s zoning to allow for an annexation petition to be filed with the Town of Cramerton. This finding is supported by a vote by the Belmont planning and zoning board during its 20 March 2018 meeting. Chair Date Page 20 of 22

21 The City of Belmont Planning & Zoning Board City Hall March 20, 2018 Agenda Item #B.(2) DESCRIPTION: MEETING: DEPARTMENT: STAFF CONTACT: Comprehensive Land Use Plan Update: A request to recommend approval of the draft Comprehensive Land Use Plan to City Council. 2018_03_20 Planning & Zoning Board Planning and Zoning Shelley DeHart SUMMARY OF ACTION: A request to update the 2007 Comprehensive Land Use Plan. This draft document is the result of a year long process that included public outreach, stakeholders meetings, and workshops guided by a local steering committee. EXHIBITS: Comp_Plan Update_Memo STAFF RECOMMENDATION: Recommend approval to the City Council. Page 21 of 22

22 Agenda Item #B.(2) COMPREHENSIVE LAND USE PLAN UPDATE The city initiated the update of the 2007 Comprehensive Land Use Plan in December of 2016 utilizing the professional services of Orion Planning & Design team. After a year-long process consisting of multiple public workshops and stakeholders meetings, under the guidance of a steering committee, the draft plan is now presented to the Planning & Zoning Board for consideration and a recommendation to the City Council for adoption. The steering committee met on February 27, 2018 to review the draft and it offered additional edits. The requested edits have been incorporated into this latest draft. Final edits may be necessary prior to adoption by the City Council. The draft document is available for review at the Belmont Library, Belmont City Hall, and on our website at: Land-Use-Plan---Marc Planning and Zoning Board Action: Receive report and public comment. After deliberation transmit a recommendation to the City Council. Page 22 of 22