TOWNI MANAGER Ken Deal TOWN CLERK Pamela Mills TOWN ATTORNEY Toml Brooke  MAYOR Charles Seaford TOWN COUNCIL Don Bringle Arthur Heggins Brandon) Linn Rodney Phillips Steve Stroud    TOWN OF CHINA GROVE Regular Meeting of the China Grove Town Council  Tuesday, August 10th, 2021 6:00 p.m. 6:00 p.m.  China Grove Town Hall China Grove, North Carolina  CALLTOORDER I) Pledge of Allegiance II) Roll Call III) Adopt the Agenda IV) Approval of the Consent Agenda  Mayor. Seaford  a) Approve Minutes from. June 1$,2021 regular meeting b) Adopt Resolution Accepting ARPI Funds  C) Adopt Resolution Authorizing Town to Engage in Electronic Payments  6:05 p.m. 6:10 p.m. 6:151 P.M.  CITIZENCOMMENT NEW BUSINESS I) PUBLIC HIEARING I)  Adopt Resolution of Intent to Consider Permanently Closing Unnamed Road  2021-CZ-01; East Ketchie Street Townhomes  Franklin Gover  II) 2021-CZ-02; Liberty Grove  III) 2021-CZ-03; Suburban Residential tol Mixed Residential Conditional Zoning  IV) 2021-TA-01; Building Height Modifiçations  7:45 P.M. 7:50 p.m. 7:55 p.m. 8:00 p.m.  OTHER BUSINESS OLDI BUSINESS COUNCILI UPDATES ADJOURN  3331 NN Main Street, China Grove. NC: 28023 I Phone (704)857-2466 IF Fax (704)855-1855  "Inc accordance with Federul law and U.S. Department ofA Agriculture policy. this institution is! prohibited from discriminating on the busis of race, color, national origin, age, disability. religion. sex. familial status, se.ual orientation, and reprisal. (Not all prohibited bases apply to all  programs)."    TOWNI MANAGER Ken Deal TOWNO CLERK PamelaN Mills TOWN ATTORNEY Tom Brooke  IA  MAYOR Charles Seaford TOWN ÇOUNCIL Don Bringle Arthur Heggins Brandon Linn Rodney Phillips Steve Stroud  TOWN OF CHINA GROVE  A regular meeting of the China Grove Town Council  Tuesday, June 1, 2021 6:00p.m. CALLTOORDER  China Grove Town Hall China Grove.North Carolina  Mayor Seaford called the regular meeting of June Ist, 2021 to order. Hel led us in thel Pledge of Allegiance.  Mayor Seaford called roll. All council members were present. There was a quorum.  Mr. Stroud made a motion to adopt the agenda. Mr. Bringle seconded the motion, which carried unanimously.  Consent Agenda items:  a) Approve Minutes from May 4th, 2021 special meeting b) Approve Minutes from May 4th, 2021 regular meeting Adopt Budget Ordinance Amendment  d) Adopt Ordinance to close northbound lane of! Main Street for Cruise In Adopt Ordinance to close Main Street for Darrell Harwood Concert Adopt Ordinance to close Main Street for Farmers Day Approve funds for Board of Trade h) Adopt Resolution for Mutual Assistance Agreement  Mr. Linn made a motion to approve the consent agenda. Mr. Stroud seconded the motion, which carried  unanimously. CITIZENS COMMENT Randi Tolman - 226 West Church Street  Ms. Tolman stated her house is located near Mitchell Ave and she wanted to address her concerns with the traffic, speed and accidents on Hwy 152/Church Street. She stated the speed limit is 35 MPH and she feels it needs to be lowered. She stated she has talked to a lot of neighbors and they agree that it is a problem. She stated she is concerned with the amount of people that walk down the side of the street or cross the street. She stated she has spoken with NCDOT and they were going to count how many cars go down Church Street. She stated the Police Department has been very helpful with responding tol her conçerns. She stated there is also aj pot hole in front of her house. She requested the Town Council look into changing the speed limit from 35 to 25 MPH to help withs safety.  NEW BUSINESS  Cancel July Regular Meeting  278Page, Minute Book 7    Mr. Stroud made the motion to cancel the. July 6th, 2021 Regular Meeting. Mr. Linn seconded the motion Mr. Stroud made the motion to change the August 3td, 2021 Regular meeting to. August 10th, 2021 at 6:00  which carried unanimously.  II) Change the Date of the August Regular Meeting for National Night Out P.M. Mr. Linn seconded the motion which carried unanimously.  PUBLICHEARING There were no comments. Mayor Seaford closed thel Public Hearing.  I) Fiscal Year 21-22 Budget Adoption  Mayor Seaford opened the Public Hearing fort the Fiscal Year 2021-2022 Budget Adoption for public comments.  Mr. Deal stated the proposed budget was amended toi included what the Council asked to add at the May 4th, meeting. He stated the proposed budget includes a tax increase of .05 cents instead ofa a fee based on what the majority oft the Mr. Linn stated if we went the fee route, how would residence that do not have a water bill get billed for the trash service. Mr. Deal stated we are going to have to figure out how many residents have trash service without water service and see if SRU will bill those. He stated there is a percentage that SRU will charge us for adding the fee to the water bill. He stated we looked at the average household being $150,000.00 and the tax payer would come out ahead with a. .05 cents tax increase vs a fee. He stated SRU is installing a new software system and they stated they Mr. Phillips stated the Council asked for a couple of items to be added to the budget, did they all make it to this Mr. Bringle stated our sales tax numbers have exceeded what we expected. He stated people are out spending and this has been good for our economy. Mr. Bringle stated he is not in favor for a tax increase he would rather set a fee for garbage service. Mr. Linn stated he also is not in favor of a tax increase this year and would like to set a fee as well. Mr. Deal stated we do have the option to add a tax increase this year and then add a fee next year and remove the tax increase. Mayor Seaford stated he is in agreeance to add the tax with the option to remove it next year since SRU may not be able to add the fee until after October. Mr. Stroud stated the town has been on a good track fort the last couple of years. He stated with the price of everything increase the town needs to do one of the two. He stated he believes the majority of the residents would benefit from a tax increase instead of a fee. He stated wel have been conservative with town funds. Mr. Bringle stated he agrees we have been a frugal Board, but it has come to a point that the town has more needs than dollars. Mr. Heggins stated he spoke to several people in the community and they were all alright with a tax increase instead ofa fee. Mr. Phillips stated he leans more towards the fee because every resident pays the same amount. He stated implementing a feei is al little more complicated than a tax increase. Mr. Stroud made a motion to adopt the proposed Budget Ordinance for FY 21-22 with the .05 cents tax increase. Mr. Heggins seconded the motion, with Mr. Phillips, Mr. Linn, and Mr. Bringle opposing. The Mr. Bringle made a motion to give the Town Manager the authority to set the garbage collection fee and direct SRU to apply the fee as soon as possible. He stated the town willi incur the cost during the time period before Mr. Bringle made a motion to adopt the proposed Budget Ordinance for FY 21-22 without the Town Managers recommended .05 cents tax increase, appropriating $62,123.00 from fund balance with the expectation of collecting $120,000.00 from the garbage collection revenue during the FY 21-22. Mr. Linn seconded the  Council asked for.  would not be able to add the fee until after October.  proposed budget. Mayor Seaford stated yes everything we asked for made iti into this budget.  a) Motion to Adopt Proposed Budget Ordinance for FY21-22  motion failed.  SRU is able to apply the fee. Mr. Linn seconded the motion, which carried unanimously.  motion, which carried unanimously.  279IPage, Minute Book 7    b) Motion to Adopt Fee Schedule for FY 21-22  Mr. Phillips made a motion to adopt the Fee Schedule FY 21-22 with the addition ofa Garbage Collection Fee. Mr.  Heggins seconded the motion, which carried unanimously. II) 2021-TA-04 Chapter 160D Amendments Mayor Seaford opened the public hearing. There were no comments. Mayor Seaford closed the public hearing.  Mayor Seaford thanked Mr. Gover for taking the time to sit down with the Council members individually to review Mr. Phillips made a motion to approve 2021-TA-04 to incorporate NCGS Chapter 160D changes into the Unified Development Ordinance. He stated these amendments are consistent with China Grove's adopted land use plan and Unified Development Ordinance ensuring compliance with the new Chapter 160D of the North Carolina General  the amendments.  Statutes. Mr. Linn seconded the motion, which carried unanimously. Mr. Bringle thanked Mr. Luebbe and the staff for all their work on the budget.  COUNCIL UPDATES ADJOURNMENT Respectfully Submitted, Pamela L. Mills, CMC Town Clerk  Mr. Stroud made a motion to adjourn. Mr. Bringle seconded the motion, which carried unanimously.  Charles Seaford Mayor  280Page. Minute Book 7    TOWNI MANAGER Ken Deal TOWN CLERK Pamela Mills TOWN ATTORNEY Tom Brooke  MAYOR Charles Seaford TOWN COUNCIL Don Bringle Arthur Heggins Brandon Linn Rodney Phillips Steve Stroud  RESOLUTION  ACCEPTING AMERICAN RESCUE PLAN ACT FUNDS  WHEREAS, the Town of China Grove is eligible for funding from the Coronavirus State and Local Fiscal Recovery Funds ofH.R. 1319 American Rescue Plan Act of 2021 (CSLRF); and WHEREAS, the North Carolina General Assembly will provide for the distribution of funds to WHEREAS, before receiving aj payment, the Town Council is required to formally accept the WHEREAS, revenue received under the CSLRF must only be spent for purposes authorized by WHEREAS, revenue received under the CSLRF: must be accounted for in a separate fund and WHEREAS, the Town of China Grove must comply with all applicable budgeting, accounting, NOW,THEREFORE, BEI IT RESOLVED by the Town Council of the Town of China Grove that we do hereby accept and request CSLRF funding to be distributed by the State of North FURTHER RESOLVED that the Town of China Grove affirms that the CSLRF revenue will only be used for the purposes prescribed in the CSLRF, and in US Treasury guidance in 31 CFR, Part 35, and any applicable regulations, and in accordance with state law; and FURTHER RESOLVED that the Town of China Grove will comply with procedures created by the North Carolina General Assembly and the US Treasury Department to receive funds FURTHER RESOLVED that the Town of China Grove will account for CSLRF in a separate fund and not co-mingle it with other revenues for accounting purposes and will comply with all applicable federal and state budgeting, accounting, contracting, reporting, and other compliance "In accordunce with Federal la and U.S. Department of Agriculture policy. this institution is prohibited) from discriminating on the basis of ruce, color, national origin. age. disubility, religion. sex. fumilials status. sexual orientation, and reprisal. (Note all prohibited bases apply to all  eligible North Carolina municipalities; and  CSLRF funds; and  the CSLRF, and applicable regulations, and by state law; and not co-mingled with other revenue for accounting purposes; and  contracting, reporting, and other compliance requirements for CSLRF funds.  Carolina; and  under the act; and  requirements for CSLRF funds; and  333NMain Street, China Grove, NC: 28023 I Phone (704) 857-2466 I Fax (704)855-1855  progrums)."    FURTHER RESOLVED that the Town Council of the Town of China Grove designates and directs the Town Manager, Town Attorney, Mayor, and' Town Finance Officer to take all actions  necessary on behalf of the Town Council to receive the CSLRF funds.  ADOPTED, this the 10th day of August, 2021.  Charles Seaford, Mayor of China Grove  ATTEST:  Pamela Mills, CMCT Town Clerk  (SEAL)  333 NN Main Street, China Grove, NÇ: 28023 - Phone (704)8 857-2466 I Fax( (704)855-1855  "In accordance with Federal law and U.S. Depurment of Agriculture policy, this institution is prohibited from discriminating on the basis of race. color, national origin. age, disabiliry. religion, sex. familial status, sexuale orientation, and reprisal. (Note all prohibited bases apply I0 all  programs)."    TOWNI MANAGER Ken Deal TOWN CLERK Pamela Mills TOWN ATTORNEY Tom Brooke  MAYOR Charles Seaford TOWN COUNCIL Don Bringle Arthur Heggins Brandon Linn Rodney Phillips Steve Stroud  RESOLUTION  AUTHORIZING THE' TOWN OF CHINA GROVETO: ENGAGEI INI ELECTRONIC WHEREAS, it is the desire of the Town Council that the Town of China Grove is authorized to engage in electronic payments as defined by G.S. 159-28 or G.S. 115C-441; and WHEREAS, it is the responsibility of the Finance Officer, who is appointed by and serves at the pleasure of the Town Council, to adopt a written policy outlining procedures for pre-auditing obligations that will be incurred by electronic payments as required by NC. Administrative Code WHEREAS, it is the responsibility of the Finance Officer, who is appointed by and serves at the pleasure of the Town Council, to adopt a written policy outlining procedures for disbursing public funds by electronic transaction as required by NC Administrative Code 201 NCAC  PAYMENTS AS DEFINED BY G.S. 159-28 OR G.S.115C-441  201 NCAC03.0409; and  03.0410; and as follows:  NOW,THEREFORE, BEI IT RESOLVED, by the Town Council of the Town of China Grove  Section 1. Authorizes the Town of China Grove to engage in electronic payments as Section 2. Authorizes the Finance Officer to adopt a written policy outlining procedures for pre- auditing obligations that will be incurred by electronic payments as required  defined by G.S. 159-28 or G.S. 115C-441;  by NC Administrative Code 201 NCAC03. .0409;  Section 3. Authorizes the Finance Officer to adopt a written policy outlining procedures for disbursing public funds by electronic transaction as required by NC  Administrative Code 20 NCAC03.0410; and  Section 4. This resolution shall take effect immediately upon its date of adoption. I,Pamela Mills, Clerk of the Town Council of the Town of China Grove, do hereby certify that the foregoing resolution is a true and exact copy of the "Resolution authorizing the Town of China Grove to engage in electronic payments as defined by G.S. 159-28 or G.S. 115C-441"  333 NI Main Street. China Grove, NC 28023 I Phone (704) 857-2466 I Fax (704)855-1855  "In uccordunce with Federal law and U.S. Department ofAgriculure policy. this institution is prohibited! fmm discriminating o the basis of ruce. color, national origin. uge, disability. religion, se.r, fumilial status. sexual orientation, und reprisal. (Not all prohibited bases upply 1o all  programs)."    duly adopted by the Town Council of the at the regular meeting thereof duly called and held on  August 10, 2021, a quorum being present. ADOPTED, this the 10th day of August, 2021.  Charles Seaford, Mayor of China Grove  ATTEST:  Pamela Mills, CMC Town Clerk  (SEAL)  333 NN Main Street, China Grove. NC: 28023 I Phone (704) 857-2466 I Fax( (704)855-1855  "Inc accordance with Federal la and U.S. Depurtment ofA Agriculture, policy. this institution is prohibited from discriminating on the busiso of race. color, national origin, age, disability. religion, se.x. familial stalus, sexual orientation. and reprisal. (Note all prohibited buses apply to all  progrums)."    STATE OF NORTH CAROLINA COUNTY OF ROWAN  TOWN OF CHINA GROVE  RESOLUTION OF INTENT  AF RESOLUTION DECLARING THE INTENTION OF THE TOWN COUNCIL OF THE TOWN OF CHINA GROVE TO CONSIDER PERMANENTLY CLOSING AN UNNAMED  ROAD (Formerly Lentz Drive).  (1) WHEREAS, G.S. 160A-299 authorizes the Town Council to permanently  close streets and public alleys; and  (2) WHEREAS, G.S. 160A-299 requires the Town Council tol hold a public hearing prior to the closing of any street or alley road for the purpose of giving consideration to the matters required to be considered in such hearing by said Statute;  NOW, THEREFORE, BE IT RESOLVED by the Town Council that:  (3) The China Grove Town Council intends to consider permanently close an unnamed Road (formerly Lentz Drive) under the provisions of G.S. 160A-299 as shown on the plat entitled "Right of Way Abandonment 29 July 2021" attached hereto as  Exhibit "A".  (4) Ap public hearing will be held at 6:00 p.m. on the 7th day of September, 2021 in the China Grove Town Hall 333 N. Main Street China Grove, NC: 28023, to consider an order closing the unnamed Road (formerly known as Lentz Drive).    (5) The Town Clerk is hereby directed to publish this Resolution of Intent once  at week for four successive weeks in the Salisbury Post Newspaper.  (6) The Town Clerk is further directed to transmit by registered or certified mail to each owner of property abutting upon that portion of said street a copy of this  Resolution of Intent.  (7) The Town Clerk is further directed to cause adequate notices of this Resolution of Intent and the scheduled public hearing to be posted as required by G. S.  160A-299.  Charles Seaford, Mayor  ATTEST:  Pamela Mills, Town Clerk  This the  day of August, 2021.    S88* 36' 50.20"E 40.00  ELAINE KIMBALL PORTER & DONALD WILLIAM KIMBALL D.8. 1136, PG. 551 NI23 09.80E LOTS 139-148 AND 264-267 744, M.B. 9995, PG. 594 PIN: 125A075 FRACT6 COMMITMENT #: 57325-S-NC-CP-RCR-8 AREA: 1,881,359 SQ.FT. OR 43.1901 ACRES  $123 09.80"w 704.00  8I  ROBERT w. RUGGLES D.B. 1186, PG. 170 TRACT1 M.B. 9995, PG. 7148 PIN: 125A086 ZONING: CP  POSSIBLE R/W OVERLAP BETWEEN M.B. 9995, PG. 594 AND M.8. 9995. PG. 7148  50.20"E N85" 39 50.20"W 1189,41 SHARON JAN DAYVAULT SMITH &KAY DAYVAULT ORMANO D.B. 1230, PG. 762 LOTS 149-155 M.B. 9995. PG. 594 PIN: 125A032  451.02 586" 3235:28'W N84:39'01 26 PART OF TRACT 573123-5 70.48 1.6180 ACRES  ORSBORN EMBINEERING GROUP 6OSLEKINGTONA SUITE 301 CHARLOTTE. NC 28203  GRAPHIÇSCALE (INFEET) linch 150 ft.  RIGHT OF WAY ABANDONMENT 29JULY2021    TOWNN MANAGER Ken! Deal TOWN CLERK Pamelal Mills TOWNATTORNEY Tom Brooke  MAYOR Charles! Seaford TOWN COUNCIL Don Bringle Arthur Heggins Brandonl Linn Rodney Phillips Steve Stroud  TOWN OF CHINA GROVE Town Council Meeting August 10th, 2021  TO: FROM: DATE:  Mayor Seaford and Town of China Grove Town Council Members  Franklin Gover, Assistant Town Manager  July 26", 2021  SUBJECT: Staff Report - 2021-CZ-01; E. Ketchie Street Townhomes Highway Business (H-  B) to. Mixed Residential Conditional Zoning (RM-CZ).  A. Suggested Actions for Town Council  1. Develop and adopt a statement ofc consistency and reasonableness  2. Motion to Approve/Deny/Table the request to rezone Rowan County Tax Parcel 103 02502 from Highway Business (H-B) to Mixed Residential Conditional Zoning (RM-  CZ). B. Basic Information Applicant/Property Owner: Physical Address: Current Zoning District: Proposed Zoning District: Area: Rowan County Parcel Number: C.B Background  Terrell Lambert 3841 Willow Grove Lane Concord, NC28025 1120 WNC 152HWY Highway Business 1.86 acres 10302502  Mixed Residential Conditional Zoning  Terrell Lambert is proposing to construct six (6) townhomes along E. Ketchie Street at the US29 Highway intersection. The property is currently within the main Highway Business district along US 29 HWY. Previously, the planning board considered a major site plan for a proposed O'Reilly's which never developed. Six (6) new parcels require the approval of a major  subdivision plat which accompanies this request.  333 NI Main Street, China Grove, NC: 28023 Phone (704)857-2466 I Fax( (704)855-1855  "Inc accordance with Federal lar and US. Departmento ofA Agriculture policy. this instilution is prohibited) from discriminating on the basis of race, color, national origin. age. disability. religion. sex. amilial status. sexual orientation. and reprisal. (Not allp prohibited bases apply 10a all  programs).    D.S Subdivision Plat Information  An appliçation for Conditional Zoning shall include a site-specific plan meeting the requirements of a Major Site Plan or Major Subdivision Preliminary Plat. A complete application and site- specific plan shall be reviewed by Planning Board. The Town Council may, in its review, suggest reasonable conditions to the location, nature, and extent of the proposed use and its relationship to surrounding properties, parking areas, driveways, pedestrian and vehicular circulation systems, screening and landscaping, timing of development, and any other appropriate conditions. Such conditions may include dedication of any rights-of-way or easements for streets, water, sewer, or other public utilities necessary to serve the proposed  development.  Chapter 3 Dimensional Criteria  Townhomes are subject to the multi-family dimensional criteria established in Section 3.5. Planning Board and Town Council may recommend and approve changes to the dimensional  standards of the R-M district to increase compatibility with the area.  Setbacks  Front: 0 ft. Minimum - 251 ft. Maximum Side: 0 ft. Interior 10 ft. Exterior Rear: 25ft. Minimum Lot Width: N/A 15 Units an Acre 3 Stories  Density Height  Chapter 4. Special Requirements No Special Requirements apply to this project.  Chapter 5 Building Design Guidelines  The design guidelines within Chapter 5 are suggestions. Planning Board and Town Council may require design guidelines as part of the Conditional Zoning process. The property owner must agree to design guidelines prior to approval and must be documented in the signed  Certificate of Approval. Chapter 7 Landscaping  Major subdivisions greater than 5 lots are required to install Type D landscaping, a minimum of  Icanopy tree in the front of each parcel. In this case one tree per new parcel.  Chapter 8 Parking and. Infrastructure  The Town requires the dedication of 20 ft. of right-of-way to accommodate a 60' residential street right of way for future street improvements. The homes will share paired driveways along E.K Ketchie Street. No Sidewalks are required, per Section 8.9 (B), because there are no existing  sidewalks within 500 feet of development along E. Ketchie Street.  333NN Main Street, China Grove, NC: 28023 Phone (704)857-2466 Fax(704)855-1855  "Ina accordance with Federal lar and U.S. Department of Agriculture policy. this institutioni is prohibited from discriminating on! the basis of race. color. national origin. age, disability. religion. sex. familials siatus. sexual orientation, and reprisal. (Not all prohibited bases apply t0a all  programs).    dependent on high volumes of traffic. The proposed townhomes will front E. Ketchie Street and become part of a rapidly changing street. Currently a duplex, and two single family homes are  under construction with the potential for several more. Conditions in the vicinity (see GISn map)-  Character of the area: Low density single family, shopping centers, and highway businesses  along US 29 HWY South: US 29 Corridor East: US 29 Corridor  North: Single family homes and duplexes, developer owned property  West: Centerview Plaza shopping center and existing single family residential development  4. Potential impacts on facilities such as roads, utilities, and schools  Roads: The subject parcel accesses US 29 HWY via E. Ketchie Street. US 29 has a traffic count of 15,500AADT (2018), measured just north of the project. Additional along E. Ketchie Street Schools: According to the Rowan-Salisbury School Find My School web appliçation students in this development will attend China Grove Elementary, China Grove Middle, and South Rowan Utilities: This property is served by Salisbury-Rowan Utilities public water and sewer. Other: This project is located within a water supply watershed area. This project is not subject to the town'ss stormwater management program and permitting requirements at this time.  right-of-way will be dedicated to the town for future improvements.  High School.  5. Procedures  Conditional Zoning is a site-specific legislative process that allows development to proceed in way that addresses site specific concerns of neighbors and local government while a conventional zoning district would not be adopted. Conditional Zoning is always voluntary and intended for firm development plans. The site-specific conditional zoning district allows Town Council to request and approve reasonable mutually agreed upon conditions to help increase compatibility with the area. The conditions shall be documented and signed by the Mayor and Applicant. Planning Staff recommends including a condition that the rezoning is only effective The Town Council must develop a statement of consistency describing whether its action is consistent with any adopted comprehensive plans and indiçate why their action is reasonable and in the public interest. A statement analyzing the reasonableness of the decision is also necessary. The statement ofconsistency and reasonableness may be included with the motion to approve the  upon receiving the sign Certificate of Approval.  request.  333NN Main Street, China Grove, NÇ: 28023 I Phone( (704)857-2466 - Fax(704)855-1855  "Inc accordance with Federal law and U.S. Department of Agriculture policy. this institutioni is prohibited) from discriminating on the basis of race. color. national origin. age. disabiliy. religion, sex. familials status. sexual orienlation. and reprisal. (Not all prohibited bases apply 10 all  programs).    Environmental Requirements  The UDO requires 20% open space, which must meet a specified category. The developer is proposing 86% which includes the floodplain area. The engineer has overlayed the stream buffer toa align with Town Code. There is a significant amount of modified detail Special Flood Hazard Area on the subject parcel. Rowan County Planning and Development administers the Flood Damage Prevention Ordinance and will require a development permit. Post Construction Stormwater Control Measures are not required. Sediment and Erosion Control measures are required but an SEC plan may not be required by Rowan County Planning and Development.  E.Staff Comments  1.R Relationship with any plans and policies.  General Commercial developments place an emphasis on the automobile and are usually characterized by numerous curb cuts, a linear pattern of development, and large amounts of parking in front of the structures. General Commercial development is usually located along major roads that coincide with areas of existing strip development. The goal of the General Commercial district should be to minimize the number ofcurb cuts, move parking to the rear or sides ofstructures, and try to encourage more interconnectivitly between uses. In addition, efforts should be made to reduce this type of development due to the concerns expressed by citizens This project is located along US 29 a major thoroughfare road, and China Grove's primary commercial corridor. The China Grove Land Use Plan recommends General Commercial along the US 29 Corridor. However, the recent adopted US 29 Corridor Plan recommends allowing a mixture of uses along the corridor including multi-family (townhomes). The US 29 Plan envisions a Highway Business corridor with mixed uses and commercial centers, including a  during the publicforums.  variety of! housing types.  2. Consistency with the requested zoning districts purpose and intent  Mixed Residential District The R-M Mixed Residential District is intended primarily to create higher density residential areas providing for and encouraging a mix of housing types including single-family, two-family, and multifamily dwellings along with their customary accessory uses. The proposed development is designed to meet the minimum requirements of the R-M district. The R-M district is appropriate for higher density residential uses near major thoroughfare roads. The conditional zoning district is appropriate in this situation to ensure safety and compatibility 3. Compatibility of all uses within the proposed district classification with other properties Compatibility of uses- The subject parcel is currently within the town's main Highway Business District running along US 29. The H-B district allows for a variety of retail and services uses "Ind accordance with Federal lavr and U.S. Department of Agriculture policy. this institution is prohibited) from discriminating on the basis of race. color, national origin, age. disability, religion, sex. familial. siatus, sexual orientation, and reprisal. (Notd all prohibited bases apply 10a all  with the area. The request adjoins a rapidly developing existing R-M district.  and conditions in the vicinity  333NN Main Street, China Grove, NC: 28023 Phone (704)857-2466 1 Fax(704)855-1855  programs).    F.June Planning Board Meeting  The Planning Board conducted a courtesy hearing at its regular June meeting. No one spoke in opposition of the proposal. The Planning Board voted unanimously (5-0) to recommend approval, with conditions, of the request based on the following statement of consistency and 2021-CZ-01 is not consistent with the Land Use Plan's recommended general commercial zoning along the US 29 Corridor, however it is consistent with the US 29 Corridor Plan that recommend allowing a mixture of uses along the corridor. He stated the plan is reasonable due to the impacts of the stream buffer and flood plain on the site which renders the site less suited  reasonableness:  for commercial development. "  Conditions.:  1. Increase in the maximum setback from 25f. to 42f. as proposed  2. Allow 86% proposed open space to satisfy the open space requirements of Chapter 6 3. This rezoning is not effective until the certificate ofapproval with conditions is signed by  protecting the adjoining creek the applicant.  G.Attachments 1.  Application 2. GIS Maps 3. Major Subdivision Preliminary Plat  3331 NN Main! Street, China Grove, NC 28023 Phone (704)857-2466 I Fax(704)855-1855  "In accordance with Federal law and U.S. Department ofA Agriculture policy. this institution isp prohibited fromo discriminating on thel basis of race. color. national origin. age, disability. religion. sex. familials slatus, sexual orientation. and reprisal. (Nor all prohibited bases apply to all  progranis).    TOWN OF CHINA GROVE 333 N. Main Street- China Grove, NC28023 704-857-2466 704-855-1855 Land Development Application - Rezoning  Case # 2021-CZ-0I  Receipt #  Project Information Date of Application May 10, 2021 Name ofl Project Ketchie Street Townhomes Parcel Number(s) 103-02502 Address ONUS29HWY Overlay District(s). Contact Information Terrell Lambert Applicant 3841 Willow Grove Ln Address Concord, NC 28025 City, State Zip Code 704-425-6655 Telephone Email address Signature  Property Size 1.86 acres  Current Zoning District HB Highway Business Proposed Zoning District RM-CU Mixed Res  Gray Box, LLC and Red Dirt Properties of NC, LLC  Property Owner 3841 Willow Grove Ln Address Concord, NC 28025 City, State Zip Code 704-425-6655 Telephone Email address Signature (required)  terrellambert@earthlink.net SIGNED ORIGINAL IN TOWN FILE  terrellambert@icloud.com SIGNED ORIGINAL IN TOWN FILE  Statement of Consistency  Please explain how this request is consistent with adopted Town plans and the surrounding area. Town plans call for a mix of residential uses in the project area on Ketchie Street near US 29 N. Surrounding property is wooded and undeveloped along with a mix of commercial with some residential. The project will be consistent with Town plans. Every effort is being made, in coordination with Town staff, to ensure consistency. Zoning will only change to make it conditional use to allow  Town approval of a specific site plan in this important corridor.  Page 1of2    Meeting Dates  Planning Board Meeting Date: June 8th and 10th, 2021 Planning Board Decision: (5-0)recommend approval with conditions  Town Board Meeting Date: August 10th, 2021  Town Board Decision:  Page 2of2    -  3 3  -  40 80 N  Proposed Townhomes  Ketchie Street  Gray Box LLC Concord, NC 28025  JEFF YOUNG, PLA COMMUNITY PLANNING  China Grove, NC 28023 3841 Willow Grove Ln Date: 5/10/2021 LANDSCAPE ARCHITECTURE    SITE NOTES iers  E alley. willams carmen &kingine. NSI INT  PRELIMINARY REVIEW SET ONLY  PLANNOTES  CONDITIONAL REZONING PLAN Scale: 1"20 GRAPHIC SCALE -  DATE:      SUBJECT PROPERTY Gray BOxLLC Parcel ID 103 02502 1.86 acres  PRICE PHARMACY  FOOD KION/  Imagery.Source: Google Earth 8/29/2019 N  Proposed Townhomes  Ketchie Street  Gray Box LLC Concord, NC 28025  JEFF YOUNG, PLA COMMUNITY PLANNING  China Grove, NC 28023 3841 Willow Grove Ln Date: 5/10/2021 LANDSCAPE ARCHITECTURE    103 053  10306)  103 025  103033   INDEXED ON 563603  IN  10302101 103073  RT INDEXEB ON 103050 5636.09  (136) 103 02502  SUBJECT PROPERTY $03 02502 Gray Box LLC Parcel ID 10302502 1.86 acres  728 036 44 124029  103089  451 (115) 103 135 (971  451  16 100 15 HB 103094 10  103 02501 TOWI OF CHINA GROVE  103093 251 26 451  710 70 303/ 103100 03 93  24025  124065RS 1:104Foet  124 03501  Proposed Townhomes  Ketchie Street  Gray Box LLC Concord, NC 28025  JEFF YOUNG, PLA COMMUNITY PLANNING  China Grove, NC 28023 3841 Willow Grove Ln Date: 5/10/2021 LANDSCAPE ARCHITECTURE    Zoning Districts RM HB RS  LI RT Parcel Polygons Feet  0 50100 200  2021-CZ-01 User: fgover Current Time: 6/2/2    SITE NOTES  BI alley. rmen ng  RY REVIEW SET ONLY  PLAN NOTES  CONDITIONAL REZONING PLAN Scale 1-20 GRAPHIC SCALE    CA DATE C-1.0    TOWNI MANAGER Kenl Deal TOWNCLERK Pamela Mills TOWNATTORNEY Tom Brooke  MAYOR Charles Seaford TOWN COUNCIL Arthur Heggins Brandon Linn Rodney Phillips Don Bringle Steve Stroud  TOWN OF CHINA GROVE Town Council Meeting August 10th, 2021  TO: FROM: DATE:  Mayor Seaford and Town of China Grove Town Council Franklin Gover, Assistant Town Manager  August 2, 2021 Residential (RM-CZ)  SUBJECT: Staff Report 2021-CZ-02; Liberty Grove - Conditional Zoning request Mixed  Residential (R-M), Light Industrial (L-I), Suburban Residential (R-S) to Mixed  A. Suggested Actions for Town Council  I. Develop and recommend a statement of consistency and reasonableness 2. Motion to approve/deny/table the request to rezone Rowan County Tax Parcel(s) 124 0190000001, 1240190000002, 124 102, 1240 061, 124 046 from Mixed Residential (R- M), Suburban Residential (R-S) and Light Industrial (L-I) to Mixed. Residential Conditional Zoning (RM-CZ); with or without mulually agreed upon conditions  B. Basic Information Applicant:  Kyle diPretoro 725 Cherry Road Rock Hill, SC 29730 809 E. Liberty Street China Grove, NC 28023 R-M, R-S, & L-I tol RM-CZ 76.2 acres 046  Property Owner(s): Location: Zoning District: Area:  James Philip Bostian & Alice Stephens  910 Grove Street China Grove, NC 28023  Vicinity of Grove Street, E. Liberty Street, Lentz Road  Rowan County Parcel Number(s): 124 0190000001, 124 0190000002, 124 102, 124 061, 124  C.B Background  Kyle diPretoro is requesting a Conditional Zoning district to accommodate a major subdivision consisting of2.8 acres of commercial area, 92 townhouses, and 148 single-family homes.  3331 NI Main Street, China Grove, NC: 28023 Phone (704) 857-2466 I Fax (704)855-1855  The Tofcy 'hna Girone des nota discrmmmaler on the hasis ofoge. sex, relgion, nationale ongmn, dsahho: poltical affiliations or marital slalus.    Currently, approximately 61 acres oft the subject properties is zoned Light Industrial, with 1.97 Conditional zoning is a purely legislative process based on a site-specific subdivision plan or major site plan. Conditional zoning is a negotiated approach which allows for maximum Historically, previous Town Councils approved five other conditional zoning districts. Each conditional use district could potentially have unique attribute because they are site and development specific. The previously approved conditional use rezoning's have been changed to  acres ofMixed Residential, and 10 acres of Suburban Residential.  flexibility to tailor regulations to aj particular site.  conditional zoning districts and include the following: 1999 - Centerview Apartments- RM-CZ 2002 - China Grove Partners, LLC-HB-CZ 2006 - Miller's Grove- RT-CZ  2005 Atlantic American Properties: RM-CZ and RS-CZ (Expired) 2019. - Kensington Major Subdivision RM-CZ (Withdrawn) 2020. - Collin's Walk Major Subdivision RM-CZ (Denied)  The site-specific conditional zoning process allows Town Council to approve reasonable conditions to help increase compatibility with the area. Conditional Zoning often allowsa developer to proceed with aj project in a way that addresses site-specific concerns of neighbors and local government leaders while a rezoning to a conventional zoning district would: not be  adopted.  D. Subdivision Design  The following comments are based on the dimensional criteria outlined in Chapter 3 oft the UDO for the Mixed Residential zoning district and the proposed preliminary subdivision plat:  1. Dimensional Requirements  Dimensional Criteria UDO Requirement Front Min. 10ft. Max. 25ft. 5ft. 25ft. 50ft n/a 15units/acre  Setbacks  Proposed 20ft. 5ft. 20' 50' 22' 3.46 units/acre  Side Rear Single Family Minimum Lot Width Townhome Lot Width Maximum Density  Density A ratio expressed as the number of dwelling units per acre (DUA). The ratio is derived by dividing the total number of dwelling units by the total land area (in acres) used or proposed to be used for purposes such as buildings, roads, public facilities, and open spaces.  3331 NN Main Street, China Grove, NC: 28023 I Phone( (704)857-2466 Fax(704)855-1855  The Tomofchnat (irove does notu discrmmale on thel hasis ofage. ser. relgion. natonal origm. disahhny: pohuculufilaton ork marituls sluhs,    2. Open Space  a. Total Open Space b. Categories  Minimum Area: 20% or 15.24 acres ii. Proposed: 25.6 acres  The UDO requires open space to meet certain categories.  1. Nature Preserve: 25.6 acres 2. Plaza: 2,000 sq. ft. 3. Stormwater Control areas USPS  4. Condition to allow open areas for cluster mailboxes as required by  3. Streets and Sidewalk Designs  a. Category IR Residential Street requirements  i. Typically provide access to residential areas and connect neighborhoods. Category I streets focus on low traffic volume, high accessibility, pedestrian and bicycle safety, and utility infrastructure for neighborhoods.  ii. Right-of-way Width - 601 ft. and 50f ft. iii. 15-25 mph design speed  b. Cross-sections  The proposed plat utilizes our 60 ft. and 501 ft. residential street cross- sections. The primary residential streets utilize our 60 ft. cross-section to  accommodate more capacity.  . : Sidewalks are on both sides of street, curb and gutter, planting strips  4. Preliminary Grading  a. As site shall not be graded to create a slope greater than 2:1 at adjacent properties unless the slope already existed on the undeveloped land. In no case shall the slope be made steeper than it was on the undeveloped land. Terraced or stepped slopes that achieve the overall slope requirement may be considered by the TRC b. Preserved. Natural floodplain and floodways, wetland areas, existing tree canopy, forest stands, or significant vegetation on slopes exceeding 25 percent, and which present severe or prohibitive slope conditions for development shall be preserved.  ona a case-by-case basis.  E.StaffComments  1.1 Relationship with any plans and policies.  General Commercial developments place an emphasis on the automobile and are usually characterized by numerous curb cuts, a linear patterno ofdevelopment, and large amounts ofparking inj front of the. structures. General Commercial development is usually located along major roads that coincide with areas ofe existing strip development. The goal oft the General Commercial district should be to minimize the number ofcurb cuts, move parking 10 the rear or. sides ofstructures, and try to encourage more  3331 NN Main Street, China Grove, NC: 28023 Phone (704)857-2466 I Fax( (704)855-1855  The7 Toune afchna Girove does note discrmmnate ont the hasis ofa age. sex. relgion. nationale orgin. disahht: palncald affilatone orn marnal status.    interconnectivitly between uses. In addition, efforts should be made to reduce this type of development due to the concerns expressed by citizens during the public forums. Plans- According to the China Grove Land Use Plan this property is in the General Commercial future land use category. The General Commercial category recommends retail and service uses inc commercial centers. Commercial centers limit driveway curb cuts along thoroughfare roads maintaining traffic flows. Historically the Highway Business (H-B) zoning district, which primarily runs north/south along US 29H HWY, has been seen as compatible with the General Commercial future land use plan. The more recently adopted US 29 Corridor Plan recommends including a variety of residential uses along the corridor. The proposed subdivision has layers of uses which help increase compatibility starting with a commercial area along Lentz Road which transitions into an area of town homes and then to single family homes as you approach the existing single-family homes along Grove Street. The request appears to satisfy several objectives and strategies identified in the China Grove Future Land Use Plan: 4.1 Move toward commercial centers instead of strip development. family, at townhomes within walkable commercial centers.  General Commercial - Land Use Plan visions  General commercial is evolving to include higher density residential uses such as multi-  4.2 Road Networks  Connection to existing street network and dedicated future r/w. More capacity, shorter  distances, all modes of transportation  Land Use Plan Strategies:  5.2A-3 Encourage a mix of housing types and compatible uses 5.2B-1 Promote walkability and minimize traffic congestion 5.2C-2 Use conditional zoning to improve compatibility with existing SFD 2. Consistency with the requested zoning district's purpose and intent  Mixed. Residential District - The R-M Mixed Residential District is intended primarily to create higher density residential areas providing for and encouraging a mix ofhousing types including single-family, two-family, andi multifamily dwellings along with their customary accessory: uses. The proposed subdivision is designed to meet the minimum requirements oft the R-M district. While single family development is allowable, conditional zoning and reasonable conditions may increase the compatibility of the variety of proposed uses. The R-M district allows up to 15 units 3. Compatibility of all uses within the proposed district classification with other properties Ifapproved this development would join an existing Mixed Residential zoning district which runs along Grove Street and E. Liberty Street. Grove Street and Heglar Street are Primarily single family. There are existing townhome style apartments ini the 800 block of Grove Street.  an acre with a minimum lot width of 50 feet, measured at the front setback.  and conditions in the vicinity  3331 NN Main Street, China Grove, NC: 28023 Phone (704)857-2466 I Fax (704)855-1855  The Townafe' hnalirove does nota discrmmnate on thel basis efa age. sex. rehgion. nutonale ongin. disahility pahucal afiatone orn marial status.    The Grove Street/ Power Street intersection has Office and Institutional and Highway Business zoning with existing commercial to the north and vacant commercial property to the south. The E.L Liberty Street/Power Street intersection is zoned Mixed Residential consist ofs single-family Compatibility ofu uses- The R-M district permits a variety ofr residential uses including single family, townhomes, and multi-family. Multi-family and townhomes are special uses. Fort this request the council need not consider all uses oft the R-M district, only those presented on the plat. The R-M district is China Groves most diverse residential district allowing for higher densities, smaller lot areas, widths, and setbacks. The proposed subdivision layout places single family homes closer to the existing Grove Street homes. Townhomes and commercial uses are  homes.  closer to Lentz Road.  Conditions in the vicinity (see GIS map):  Character of the area: Commercial along US 29 and a mixture of housing types North: Grove Street Residential Area, Power Street and US 29/NC 152 corridors East: Vacant, Approved Plans for Multi-family development, I-85 West: Lentz Rd single family homes, Dayspring Community Church 4.1 Potential impacts on facilities such as roads, utilities, and schools  South: ETJ, Single Family Residential Uses  Roads: The subject parcels access Lentz Road, Grove Street, Liberty Street. In 2019 Lentz Road had an AADT of2,400. E. Liberty Street, Grove Street, and Power Street do not have traffic counts. However, these streets connect to a busy section ofthe US 29 HWY/NC 152 HWY corridor with AADT counts of2 24,000 and 13,000 in the most recent counts. Schools: According to the "Find my school" tool on the Rowan - Salisbury Schools' website families in this neighborhood will send students to China Grove Elementary and Middle Schools,  and Carson High School.  Utilities: This area will be served by Salisbury Rowan Utilities.  Other: This project is located within the WS-IV Cold Water Creek (Lake Fisher) water supply watershed area. This project must utilize engineered stormwater control measures to meet the requirement of Appendix C of the model Water Supply Watershed Protection Ordinance the NCDEQ requirements for high-density projects. This project is subject to the town's Phase II  stormwater management program and permitting requirements.  5. Procedures  The Town Council must develop a statement of consistency describing whether its action is consistent with any adopted comprehensive plans and indicate why their action is reasonable. and in the public interest. A statement analyzing the reasonableness of the decision is also necessary.  The statements ofc consistency and reasonable may be one statement.  3331 NI Main! Street, China Grove, NC: 28023 I Phone (704)857-2466 Fax (704)855-1855  The Townofcy hma Grove does notd discrmmnale on the hasis ofage. sex. relgion, national origin, dsahih: polncald affiluation or maritals stalus.    F.Planning Board Meeting  The Town ofChina Grove Planning Board conducted a courtesy hearing on July g+,2021. The Planning Board voted unanimously to recommend approval of2021-CZ-02; Liberty Grove Major subdivision based on the following statement of consistency and reasonableness: "2021-CZ-02 is consistent with the Land Use Plan' 'st recommended strategies encourage a mix of housing types and compatible uses, promotes walkability and minimize traffic congestion, itis also consistent with the US 29 Corridor Plan that recommends allowing a mixture of uses along  the [US 29 HwYjcorridor." Along with the following conditions:  Condition 1. This rezoning is not effective until the Certificate of Approval defining mutually  agreed upon conditions is signed and notarized. Condition 2. Allow open space as presented.  Condition 3. Allow setbacks as presented on preliminary plat.  Condition 4. Land uses within the identified commercial area will be focused on uses that will serve the neighborhood. Uses that are prohibited include: fast food with drive-throughs and gas Condition 5. Townhouses will have front facades with multiple planes to create visual interest Condition 6. Single family homes will provide a minimum 7.5' side yard setback on each side. Condition 7. Primary material for single-family detached homes will exclude vinyl. Vinyl will  stations.  and distinguish between homes.  only be used for soffits, eaves, and other related accessory details.  G. Attachments  1. Application 2. GIS Maps 3. Preliminary Plat  3331 NN Main Street, China Grove, NC: 28023 Phone (704)857-2466 I Fax(704)855-1855  The TownafChna Grove does noI discrmmate on theh hasis ofuge. sex. relgion. natonald orgin. disahtlny polneald affilatione orn marilals slatus.    Properties #1,2,3of5  TOWN OF CHINA GROVE 333 N. Main Street China Grove, NC: 28023 704-857-2466 704-855-1855 Preliminary Plat  Land Development Application - Major Subdivision  Case #  Receipt #  Project Information Date of Application Name of Project Parcel Number(s), Zoning District Overlay District(s), Contact Information Applicant Address City, State Zip Code Telephone Email address Fees  Number ofLots  Property Owner Address City, State Zip Code Telephone Email address  The review fee of $500 must be paid prior to the approval.  Meeting Dates TRC Decision:  TRC Meeting Date: July 7th, 2021  Planning Board Meeting Date: July 1Oth, 2021  Planning Board Decision: Recommend Approval with Conditions  Town Council Public Hearing Date: August 10th, 2021  Page 1of2    Town Council Decision:  Page 2of2    Properties #4,5 of5  TOWN OF CHINA GROVE 333 N. Main Street China Grove, NC: 28023 704-857-2466 704-855-1855 Preliminary Plat  Land Development Application - Major Subdivision  Case #  Receipt #  Project Information Date of Application Name of Project Parcel Number(s), Zoning District Overlay District(s), Contact Information Applicant Address City, State. Zip Code Telephone Email address Fees  Number of Lots  Property Owner Address City, State Zip Code Telephone Email address  The review fee of$500 must be paid prior to the approval.  Meeting Dates TRC Meeting Date: TRC Decision:  July 7th, 2021  Planning Board Meeting Date: July 1Oth, 2021  Planning Board Decision: Recommend Approval with Conditions  Town Council Public Hearing Date: August 10, 2021  Page 1of2    Town Council Decision:  Page 2of2    6/8/2021  mage.6487327.JPG  Properties s#1,2,3of5  TOWN OF CHINA GROVE 333N. Main Street China Grove, NC28023 704-857-2466 704-855-1855 Land Development Application Rezoning  Project Information DateofA Application, May26,2021 Namec ofProject UbertyGrove Address 910 Grove St., 809ELbertys St. Current Zoning District RS, Overlay Districto) Contact Information KylediPretoro Applicant 725Chery Road Address Rock HIL,SC29730 Cy,SleZpo Code (803)493-0723 Teiephone Pdemipenteon Email address A  Case!  Receipte  Parcel Numberts). 1240190000001, 124 0190000002, 124046  Propeny Sire 33.24AC. Proposed Zoning District RM-CU  James Philip Bostian Property Owner 809L Lbertyst. Address China Grove, NC: 28023 City, Statez ZipCode 704-449- 9107 Telephone Email address GEs  dpretoro  Signature A4, Solne  Statement of Consistency Please explain how this requesti is consistent with  adopted Town plans and thes surounding ans  Page of2  mpsimatgogecommaiv2mrto.pocdur1  1/1    6/8/2021  image_ 6487327.JPG  Meeting Dates Planning Board Mecting Date: Planning Board Decision: Town Board Mecting Date: Town Board Decision:  Pyelers  mpsimaipogecommainmpoCpoRcor  1/1    Properties #4,50 of5  TOWNOF CHINAC GROVE 3331 N. Main Street- China Grove, NC28023 704-857-2466 704-855-1855 Land Development Application -Rezoning  Case #  Receipt #  Project Information Date of Application May 26, 2021 Name ofProject Liberty Grove Parcel Number(s) 124061, 124102 Address 910 Grove St., 809 EL Liberty St. Current Zoning District RS,I Overlay District(s). Contact Information Kyle diPretoro Applicant 725 Cherry Road Address Rock Hill, SC 29730 City, State Zip Code (803) 493-0723 Telephone yeecpdevetopmentcom Email address Kukdifo Sigpature  Property Size 42.96A.C. Proposed Zoning District RM-CU  Alice. Juliette H. Stephens Property Owner 910 Grove St. Address China Grove, NC 28023 City, State Zip Code 704- 202-1166 Telephone Email basayanas address dha Belelb Signature/required)  msteray S Ephen  Statement of Consistency  Please explain how this request is consistent with adopted Town plans and the surrounding area.  Pagel 1of2    Liberty Grove Conditional Use District Rezoning Statement of Consistency Liberty Grove is meeting the goals of the Town of China Grove's Land Use Plan through four The propertyi is currently zoned industrial and low-density residential. Nestled between Highway 29, Lentz Road and Interstate 85 and with the recent rezoning oft the adjacent property to multi-family units, Liberty Grove is suited for a mixed-use community providing townhomes and single family detached homes while preserving acreage fora a commercial center along! Lentz Road to further support the continued commercial and By connecting existing roads through the site to other existing roads, Liberty Grove will be creating a road network that supports improved interconnectivity ini the Town of By providing a plaza within the commercial center and preserving environmental features onsite, Liberty Grove is supporting the Town'sgoal fori improved open space  critical points:  residential growth of the Town;  China Grove;  within new communities.    3805520N  ENG520  Town of China Grove Conditional Zoning Request 2021-CZ-02; Liberty Grove LI&RStORM-CZ Notification_Area Subject_Parcels Zoning Districts CB HI RM HB Ju RM-CU HB-CU oI RMH 200 400  800 Feet  Current Time: 7/1/2021 9:53    SCALE. UBERTYST  SE STATISTICS  Existing Conditions AAEeN  Liberty Grove Rowan County, North Carolina Junei 17,2021  8008 Corporate Center Drive, Suke 1101 Charlotte, NÇ 28226 1704.3 375.2438  Note: Conceptual Plans Only, loty yielda andk layouts subjectt to change based on finald design pSt    SCALE  Conceptual Rezoning Plan AAEAS 8008 Corporate Center Drive, Suite 1101 Charlotte, NC: 28226 1704.3 375.2438  Liberty Grove Rowan County, North Carolina July 202: v.  Note: Conceptual Plans Only, lot) yieida andk layouts subjectto change based on final    Conceptual Rezoning Rendering 8008 Corporate Center Drive, Suite 1101 Charlotte, NC2 28226 704.375.2438  Liberty Grove Rowan County, North Carolina June 17,2021  AeNs  Note: Conceptual Plans Ony, loryelda andA layouts subject 0 change based on fnal design. and iu    TOWNI MANAGER Kenl Deal TOWN CLERK Pamelal Mills TOWN ATTORNEY Tom Brooke  MAYOR Charles Seaford TOWN COUNCIL Arthur Heggins Brandon! Linn Rodney Phillips Don Bringle Steve Stroud  TOWN OF CHINA GROVE Town Council Meeting August 10th, 2021  TO: FROM: DATE:  Mayor Seaford and Town of China Grove Town Council Franklin Gover, Assistant Town Manager Conditional. Zoning (RM-CZ)  August 2, 2021  SUBJECT: Staff Report 2021-CZ-03 - Suburban Residential (R-S) to Mixed Residential  A. Suggested Actions for Town Council  1. Develop and recommend a statement of consistency and reasonableness  2. Motion to approve/deny/table the request to rezone Rowan County Tax Parcel(s) 115 062, 117165,117204, 117205 from Suburban Residential (R-S) to Mixed Residential  Conditional. Zoning (RM-CZ)  B. Basic Information Applicant: Property Owner: Physical Address: Zoning District: Area: C.B Background  CESO Inc. - Bob Cash & Lizzy Kurre 4601 Park RD, Suite 650 Charlotte, NC 28277 Dependable Development Inc. - Johnathan McCall 2627 Brekonridge Centre Drive, Suite 103 Monroe, NC 28110 Red Fox Lane and N. Main Street R-S to RM-CZ 64 acres  Rowan County Parcel Number(s): 115 062, 117 165, 117 204, 117205  CESO, on behalfofDependable Development, is requesting a rezoning from the Suburban Residential district to a Mixed Residential Conditional Zoning District to accommodate a major residential subdivision with 50 foot wide lots. At their June 4#h,2019 meeting the China Grove Town Council suspended the review process for 2019-Z-01 and 2019-CUP-02 suggesting the applicant review their plans and accommodate the existing Suburban Residential minimum lot width of70'. The applicant wasi instructed to resubmit for Planning Board consideration. The  333 NN Main Street, China Grove. NC28023 I Phone (704) 857-2466 I Fax(704)855-1855  The Townefc' hma Grove does Nol discrimmale en the husis ofage. sex. religion, national orgin, dsahhn. polrical afihation orA marital stalus.    subdivision plan and rezoning were reconsidered at the October 2019 Town Council Meeting. After deliberation and discussion, the applicant chose to withdraw their request. Conditional zoning is a purely legislative process based on a site-specific subdivision plan or major site plan. Conditional zoning is a negotiated approach which allows for maximum flexibility to tailor regulations to a particular site. Historically, previous Town Councils approved four other conditional zoning districts. Each conditional use district could potentially have unique attribute because they are. site and development specific. The previously approved conditional use rezoning' s have been changed to conditional zoning districts and include the  following:  1999- Centerview Apartments- RM-CZ 2002 - China Grove Partners, LLC -E HB-CZ 2006-N Miller's Grove- RT-CZ  2005 - Atlantic American Properties: RM-CZ and RS-CZ (Expired) 2019 - Kensington Major Subdivision RM-CZ (Withdrawn) 2020. - Collin's Walk Major Subdivision RM-CZ (Denied)  The site-specific conditional zoning process allows Town Council to approve reasonable conditions to help increase compatibility with the area. Conditional Zoning often allowsa developer to proceed with a project in a way that addresses site-specific concerns of neighbors and local government leaders while a rezoning to a conventional zoning district would not be  adopted.  D. Subdivision Design  The following comments are based on the dimensional criteria outlined in Chapter 3 ofthe UDO fort the Mixed Residential zoning district and a preliminary subdivision plat dated August 19,  2019:  1. Dimensional Requirements Mixed Residential Setbacks ii. Side: 5ft. iii. Rear: 25ft. Minimum Lot Width: 50ft.  i. Front: Range between 10 ft. and 251 ft. iv. Corner lots have two front yard setbacks  Maximum Allowed Density: 15 Units an Acre  i. Density A ratio expressed as the number of dwelling units per acre (DUA). The ratio is derived by dividing the total number of dwelling units by the total land area (in acres) used or proposed to be used for purposes such as buildings, roads, public facilities, and open spaces.  ii. Proposed Density: 3 iii. Proposed number of lots is 174  333NN Main Street, China Grove, NC 28023 I Phone( (704)857-2466 - Fax(704)855-1855  The Tovng ofChnat Girove does note dscrimnate on the busis ofage. sex. relgion. nattonal ongin, disabiliny, policalg affilation ori marilal stulus.    Dimensional Criteria Setbacks Front Side Rear Single Family. Minimum Lot Width Maximum Density 2. Open Space  UDO Requirements (R-M) Min. 10' Max. 25' 5' 25' 50' 15u units/acre  Proposed 10' min. 5' 25' 50'&60' 3units/acre  a. Total Open Space b. Categories =  N Minimum Area: 20% or acres  ii. Proposed: 25% ofdevelopable acreage or 11.25 acres - The UDO requires open spaçe to meet certain categories.  I. Nature Preserve: 7.2 acres 2. Park: 1.34 acres 3. Stormwater Control areas USPS  4. Condition to allow open areas for cluster mailboxes as required by  3. Streets and Sidewalk Designs  a. Category 1 Residential Street requirements  . Typically provide access to residential areas and connect neighborhoods. Category I streets focus on low traffic volume, high accessibility, pedestrian and bicycle safety, and utility infrastructure for neighborhoods.  ii. Right-of-way Width-6 60f ft. iii. 15-25 mph design speed b. Cross-section  - The proposed cross-section includes the following  1. 24ft. Pavement Width 2. 2ft. valley curb and gutter on each side 3. 12ft. total planting strips 4. 5ft. sidewalks on each side  5. Fire Marshal recommends wider streets. There is approximately 5' on the outside oft the sidewalks. Consider a condition for to widen slightly. This cross-section meets Town and DOT standards.  Sidewalks on both sides ofs street  4. Preliminary Grading  a. Asite shall not be graded to create a slope greater than 2:1 at adjacent properties unless the slope already existed on the undeveloped land. In no case shall the slope be made steeper than it was on the undeveloped land. Terraced or stepped slopes that achieve the overall slope requirement may be considered by the TRC  on a case by case basis.  3331 NN Main Street, China Grove, NC: 28023 I Phone (704)857-2466 I Fax (704)855-1855  The TomofChina Grove does nolu discrimmaler on the basis ofage. sex. relgion. natonald orgin. dsahhty. polncale affiatone orn martul sianus.    b. Preserved. Natural floodplain and floodways, wetland areas, existing tree canopy, forest stands, or significant vegetation on slopes exceeding 25 percent, and which present severe or prohibitive slope conditions for development shall be preserved.  E. Staff Comments  1.F Relationship with any plans and policies.  Rural Residential districts are designed for residential purposes that preserve the existing rural character, while offering larger lots. These districts are usually located on the outskirts of the urban area and are not serviced by water and. sewer. The Rural Residential district is developed at a low to medium density. Design of the development should. seek to maximize the preservation Plans- According to the China Grove Land Use Plan this property is located in the Rural Residential future land use category. The Rural Residential category is designed for low to medium density residential uses that preserve the existing rural character, by offering larger lots. The UDO describes the R-S district's intent is to establish new development on the edges of town in which the principal land use is low-density single-family residences. The Mixed Residential (R-M) district is intended for more established residential areas with medium density and a variety ofhousing types. The requested development proposes a similar density to the Suburban Residential district's maximum of3 units and acre. The subject parcels will be served The request aligns with the following visions and strategies established in the China Grove  ofthe rural character and preserve open. space.  by public water and sewer.  Future Land Use Plan and US 29HWY Corridor Plan:  4.2 Road Networks all modes oftransportation Land Use Plan Strategies:  Connection to existing street network and dediçated future r/w. More capacity, shorter distances,  5.2A-3 Ençourage a mix ofhousing types and compatible uses 5.2B-1 Promote walkability and minimize traffic congestion 5.2C-2 Use conditional zoning to improve compatibility with existing SFD  The US291 HWY Plan recommends allowing a variety ofH housing types along the corridor. 2. Consistency with the requested zoning districts purpose and intent  Mixed. Residential District - The R-M Mixed Residential District is intended primarily to create higher density residential areas providing for ande encouraging ai mix of housing types including single-family, two-family, and multifamily dwellings along with their customary accessory uses. The proposed subdivision is designed to meet the minimum requirements oft the R-M district. While single family development is allowable the R-M district is not seen as compatible with the The Toune ofChna Grove does note discrimnale onI the busis ofage. sex, religian. nattonalongnL. dahh. polncal affilation or mantal: stalus  3331 NI Main Street, China Grove, NC: 28023 Phone( (704)857-2466 I Fax( (704)855-1855    area. The conditional zoning process allows the Town Council to place reasonable conditions that may increase compatibility. The R-M district allows up to 15 units and acre witha  minimum lot width of 50 feet, measured at the front setback.  3. Compatibility of all uses within the proposed district classification with other properties There is al Mixed Residential zoning district adjoining this parcel. The existing R-M district runs west along Shue Road to the town limit. The development pattern in the adjoining R-M district is Compatibility of uses- The R-S and R-M districts are both single family zoning districts which allow stick built and modular homes. For this request the council need not consider all uses of the R-M district. The conditional zoning district will be limited to single family residential development. Both districts contain similar residential uses but the R-M district allows for much higher densities, smaller lot areas, widths, and setbacks. The table below compares the  and conditions in the vicinity  not typical oft the general R-M district.  dimensional requirements oft the districts.  Minimum Lot Width 70 50  District Front Setback Side Set Back Rear Setback  Max Density 3 15  R-S R-M  30 10-25ft.  10 5  35 25  Conditions in the vicinity (see GIS map):  Character of the area: Low density single family, highway business along US 291 HWY North: Residential Uses and Vacant Woods, Collins Road Area South: Mixed Residential Zoned, Residential Uses, Highway Business area East: Light Industrial Zoned, Residential Uses and US29 West: Vacant Woods, Shue Rd single family homes  4.1 Potential impacts on facilities such as roads, utilities, and schools  Roads: The subject parcels access US 29 HWY via Red Fox Lane and a new proposed 58-60f ft right-of-way. US29 is a major thoroughfare road with 12,000 average annual daily trips in 2016, Schools: According to the "Find my school" tool on the Rowan - Salisbury Schools' website families in this neighborhood will send students to China Grove Elementary and Middle Schools,  measured just south of Red Fox Lane.  and Carson High School.  Utilities: This area will be served by Salisbury Rowan Utilities.  Other: This project is not located within a water supply watershed area. This project is subject to the town's Phase II stormwater management program and permitting requirements.  3331 NN Main Street, China Grove, NC: 28023 I Phone (704)857-2466 I Fax (704)855-1855  The Townofc hna Grove does notu discriminale on theh hasis ofuge. sex. relgion. natonale orgin, dsabihos poluicalufiliution ors manilal stanus.,    5. Procedures  The Town Council must develop a statement ofconsistency describing whether its action is consistent with any adopted comprehensive plans and indicate why their action is reasonable and int the public interest. A statement analyzing the reasonableness of the decision is also necessary.  The statements of consistency and reasonable may be one statement.  F.Planning Board Meeting  On. July gth,2 2021 the Town of China Grove Planning Board conducted a courtesy hearing. The Planning Board voted unanimously (7-0) to recommend approval oft the request based on the 2021-CZ-03 is reasonable because it proposes single family homes near US29 a major transportation corridor and consistent with the China Grove Future Land Use Plan by providing sidewalks, walking trails, balancing. growth with community impacts, retaining open. spaces, and  following statement of consistency and reasonableness:  extending water and. sewer utilities.  With the following mutually agreed upon conditions: agreed upon conditions is signed and notarized.  Condition 1. This rezoning is not effective until the Certificate of Approval defining mutually Condition 2. Single family homes will not use vinyl siding as a material and will use at least two Condition 3. Homes will have porch or stoop projections from front façade and include  exterior materials per home.  windows and decorative hardware on garage doors. Condition 4. Home elevations will not repeat.  Condition 5. Ifas steep slope, a change of 8 feet or more, is present lots shall be 60 feet in width. Condition 6. Lots shall have a usable rear. yard. No steep slope shall begin within 12 feet oft the Condition 7. The developer shall install a greenway style path up to Shue Rd. Using a greenway cross section for connection to Shue to ensure future compatibility with grants, and other city Condition 8. The developer shall install walking trails through the nature preserve areas. The walking trails shall connect to cul-de-sacs. Specific segments include Black Bear to Mountain Goat, Mountain Goat to Grey Wolftemporary cul-de-sac, and around White Hare.  rear façade of the home.  green projects.  3331 NN Main! Street, China Grove, NC: 28023 I Phone (704)857-2466 I Fax (704)855-1855  The Tonene efc "hna Grove does notd discrummale ont thek basis ofage. sex. religion. nationale org. dsahhp: polticald affilraton orn martal status.    Condition 9. The developer shall indicate on the plat a future street connection to the rear ofthe N. Main Street Baptist in the form ofa recorded right-of-way, but no physical improvements are  required.  Condition 10. No slope greater than 3:1 shall be present on residential lot  G.A Attachments 1.  Application 2. GIS Maps 3. Subdivision Plans 4. Statement worksheet  333 NI Main Street, China Grove, NÇ: 28023 1 Phone (704)857-2466 Fax(704)855-1855  The Tonefc "hna Girove does nOt discrmmale on thel hasts ofage. sex. relgion, nationale orgm. dsabho: polncal affilation or mural slatus.    wuLuSyn Cuveupe IL.  TOWN OF CHINA GROVE 333 N. Main Street- China Grove, NC2 28023 704-857-2466 - 704-855-1855 Land Development Applcation-Rezoning  Case #  Receipt #  Project Information Date of Application June 14, .2021 Name of Project July 8,2021 Kensington Parcel Number(s), 117 204, 117 205, 115 062, 117 165 Address N. Main Street - US HWY2 29 Current Zoning District RS Overlay District(s), N/A Contact Information Bob Cash, CESO Inc Applicant 4601 Park Road, Suite 650 Address Charlotte,NC City, State Zip Code 803-802-1459 Telephone obcash@cesone.con Email address AVRL  Roben Signature  Property Size 64.34 Proposed Zoning District RM-CZ  Dependable Development Inc, Johnathan McCall 2627 Brekonridge Centre Dr.  Property Owner Address Monroe,NC City. State Zip Code 704-288-7256 Telephone Email address Docusldi Sallan MAll Sighdur(required)  amcoonald@truenomesuse.com  2i15135310490  Statement of Consistency  Please explain how this request is consistent with adopted Town plans and the surrounding area. This request is consistent with the adopted Town plans and surrounding area because this new delevopment will creae a satisfying environment and help  maintain strong neighborhoods.  Page Lof2    vuwuoryn CIVeNpe I. oJJV  Meeting Dates Planning Board Decision: Town Board Meeting Date: Town Board Decision:  Planning Board Meeting Date: July8, 2021  Page2of2    TOWN OF CHINA GROVE 333 N. Main Street China Grove, NC: 28023 704-857-2466 704-855-1855 Preliminary Plat  Land Development Application - Major Subdivision  Case #  Receipt #  Project Information Date of Application 6/14/21 Name of Project Kensington  Parcel Number(s), 117204, 117 205, 115062, 117 165 Zoning DistrictCurrent.AS: Proposed:AM-CU Number ofLots 174  Overlay District(s), N/A Contact Information Bob Cash, CESO Inc Appliçant 4601 Park Road, Suite 650 Address Charlotte.NC City, State Zip Code 803-802-1459 Telephone bob-ash@cesoinc.com Email address Fees  Dependable Development Inc, Johnathan McCall  Property Owner Address Monroe, NC City, State Zip Code 704-288-7256 Telephone Email address  2627 Brekonridge Centre Dr.  amcdonald@truehomesuse.com.  The review fee ofS500 must be paid prior to the approval.  Meeting Dates TRC Meeting Date: TRC Decision:  Planning Board Meeting Date: July 8, 2021  Planning Board Decision:  Town Council Public Hearing Date:  Page 1of2    Town Council Decision:  Page 2of2    2019-S-01, 2019201,2019.CUP-02 Kensington Major Subdivision China Grove Zoning  Gad  HB  RM  RS  LI VA RM-CU - RS-CU  NC RMH Subject Parcels  RT Streets May 2019  HICKOR/GROVELN  GS  SEORDR  0  S  RISIN  -  00    SE  MCADAMS  CENT  MOUNTAIN GOAT LN  WHITE  BE  rbelow. Callbeforey youdig  PRELMINARY PLAT OVERALL SITEPLAN PL-1    MCADAMS  LACKB BEARST OUNTAIN    CELOTLN  Ti  PLAT SE PLAN PL-2  IEAS    TELEGEND  MCADAMS  -  OCELOTLN  WHITE IN.  REVISIONS TE  PREUIMINARYPLAT GRADINGE PLAN PL-3    MCADAMS  4F  TEE  NOTES: 1.EXISTING1 TREELINE: =+10.58AC #7.16AC OF TREEL LINE (167%OF EXISTING)E IS TOBE PRESERVED PRELIMINARY! STREAM ANDI WETLAND DELINEATION, DATED 2/15/2019, PREPAREDBV PAULI PETITGOUT OFI LOWArSEHVROAMENIAL. AN ECOLOGICAL: SERVICES. 4.THERE DOES NOT APPEAR1 TO HAVE ANY PREVIOUSLYI DOCUMENTED ENDANGERED: SPECIESHABITATS 5.SITE DOESNOT! HAVE ANY DESIGNATED FLOODPLAIN PER FIRM PANEL! 5637, MAP NUMBER 37105637001, AND EFFECTIVE DATE OF) JUNE 16, 2009  PREUMI PLAT ONM TAL SURVEY PL-4    CHINAGROVE Come GrowwithUs Anoriginalt town.  Unified Development Ordinance Amendment  Summary  MEMORANDUM Date: June 26, 2021 RE: Building Height Modifications BACKGROUND  TO: Mayor Seaford and the Town of China Grove Town Council FROM: Franklin Gover, AICP, Assistant Town Manager  The proposed amendment allows administrative modifications of building heights to allow design flexibility and appropriate building scale. Currently Chapter 3 ofthe Unified  Development Ordinance limits building heights. PROPOSED TEXT AMENDMENT  Section 5.2 General Requirements for All Buildings  A. Adjacent buildings shall be compatible in regard to spacing, setbacks, proportions, materials, B. The primary entrance shall be architecturally and functionally designed on the front façade C.7 The front façade ofthe principal structure shall be parallel to the front lot line and street. D.C Ground mounted mechanical equipment shall be located to the rear or side yard and screened from view ofthe street. Roof-mounted mechanical equipment shall be screened from view by a E. Fences shall be constructed with the finished side facing the adjacent property or street. A. The Zoning Administrator may increase the maximum height limits set forth in Chapter 3 by one (I) foot for every additional foot provided between the building footprint and the B. The Planning Board may increase the maximum building height up to 15%ifthe following  and scale.  facing the primary public street.  parapet wall matching the primary building materials. Section 5.3 Increases to Maximum Height Requirement  minimum required setbacks in accordance with this Ordinance.  criteria are met:  a) The building is in the Central Business District: or b) The building is part ofa mixed-use development.  333N NN Main! Street, China Grove, NC: 28023 Phone (704)857-2466 I Fax/(704)855-1855  The Town ofChna Grove does mota discrimnale on theh hasis ofage. sex. relgion. natonal orgm. dsahlg. pohtcald affilation or marilals slatus.    RECOMMENDATION  The planning board voted unanimously (5-0) to recommend approval based on the following "Building height is not addressed by the Land Use Plan which could not foresee development requiring building height increases beyond the established. minimum criteria ofChapter 3 ofthe UDO. The amendment is reasonable due to the fact it alowsforflexibilily and building height  statement of consistency and reasonableness:  modification. PROCESS  The board should conduct its scheduled hearing for 2021-TA-01; amendment to Chapter 5 adding Section 5.3 Increase to Maximum Height Requirement and following the hearing discuss the case and make a recommendation to approve, approve with modifications, or refer to staff or committee for further study. Ift the amendments receive a favorable consideration, a statement of  consistency is required prior to adoption.  3331 NN Main Street, China Grove, NC 28023 I Phone (704)857-2466 I Fax( (704)855-1855  The Towne ofChnat Girove does noi dscrminate ons thek busis ofage. sex. relgon. natonald ongm. disabihry: polncale affilanond or marial. status.