TOWN MANAGER Ken Deal TOWN CLERK Pamela Mills TOWNA ATTORNEY Tom 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, October 6th, 2020 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 September Ist, 2020 regular meeting  b) Adopt Budget Ordinance Amendment  c) Adopt Ordinance 2020-01 to close the northbound lane of Main St for the Cruise In  6:05 p.m. 6:45 p.m.  QUASAJUDICALHEARING I) PUBLICHEARING I) II) NEW BUSINESS I) COUNCIL UPDATES OTHER BUSINESS OLDI BUSINESS CITIZEN COMMENT ADJOURN  2020-Z-02, 2020-CUP-02 & 2019-S-02 Collin's Walk 2020-Z-04 Manufactured Home Residential to Neighborhood Center 2020-Z-05 Suburban Residential to Manufactured Home Residential  III) 2020-Z-06 Central Business to Town Residential  7:30 p.m. 7:35 p.m. 6:40 p.m. 6:45 p.m. 6:50 p.m. 6:55 p.m.  Adopt Resolution Directing Town Clerk tol Investigate Petition for Annexation  Procedures for Quasi-Judicial Hearings  There are limited opportunities for the public to attend the meeting in-person and give testimony. Members of the public who wish to provide testimony in-person may wait in the lobby. Each speaker will be escorted in for their comments. Each speaker will need to be sworn in. After speaking they must exit the Chambers and the next speaker Any member of the public who wish to address the Council during Citizens' Comment at the October 6th meeting are asked t0 e-mail their comments to the Patti Price at Prnceechnagrovnegor by. 3:00 p.m. on October 6th. The Clerk will present those comments during the Citizens' Comment section on the agenda at the meeting, and  will be ushered in.  comments will be recorded in the minutes.  3331 NI Main Street, China Grove, NC: 28023 I Phone (704)857-2466 IF Fax (704)855-1855  "Ine accordance with Federal law' and U.S. Department afAgriculure policy. this institution is prohibited from discriminating on the basis of ruce, color, national origin. age, disability. religion. sex. fumilials status, sexual onentation, and reprisal. (Not all prohibited bases apply to all  programs)"    TOWNMANAGER Ken Deal TOWNO CLERK Pamelal Mills TOWN ATTORNEY Tom Brooke  I1  MAYOR CharlesSeaford TOWN COUNCIL Don Bringle Arthur Heggins Brandon Linn Rodney Phillips Steve Stroud  TOWN OF CHINA GROVE  A regular meeting of the China Grove Town Council  Tuesday, September 1,2 2020 6:00p.m. CALLTOORDER Allegiance.  China Grove Town Hall China Grove, North Carolina  Mayor Seaford called the regular meeting of September 1, 2020 to order. He led us in the Pledge of  Mayor Seaford called roll. All council members were present. There was a quorum.  Mr. Heggins made a motion to adopt the agenda. Mr. Phillips seconded the motion, which carried  unanimously. Consent Agenda items:  a) Approve Minutes from August 4th, 2020 regular meeting b) Coronavirus Relief Fund Interlocal Agreement c) Approve Resolution changing signers for First Horizon  Mr. Bringle made a motion to approve the consent agenda. Mr. Phillips seconded the motion, which carried  unanimously.  QUASIJUDICIAL HEARING  I) 2020-Z-03, 2020-CUP-03 Gable Properties - General and Trades Contracting Mrs. Mills swore in Franklin Gover, Assistant Town Manager for testimony during the hearing.  Mr. Gover handed out the procedures for a Quasi-Judicial hearing. He stated the applicant is requesting a rezoning from Suburban Residential Conditional Use District to Highway Business Conditional Use District to allow a general contracting and trades contracting use. He stated the address is 1120 W NC 152 HWY and was the old Wise Marine property. He stated to the south of this site is Millers Grove and the surrounding area is largely single family. He stated an existing stand of Leyland cypress trees at the rear of the property. He stated multiple businesses will be based in the building. He stated the contracting use should be considered the primary use. He stated the site is located in the future Suburban Residential category of the Land Use Plan and the Land Use Plan would need to be amended if this rezoning is approved. He stated this is compatible with the neighborhood. He stated no special requirements apply to this project. He stated the applicant is not proposing any structural changes to the building. He stated Type A screening is required along Pleasant Village Lane and to the west of the building. He stated Type B screening is required along the outside of the parking area and there is limited space for this requirement. He stated Type C canopy trees are required within  242Page. Minute Book 7    60' of every parking space but due tol limited space only one eastern red bud is proposed. He stated a dumpster enclosure is shown for future use. He stated the applicant is proposes using the existing asphalt with new striping with a total of six parking spaces. He stated no parking or screening is permitted in the front of the building due to setback restrictions. He stated notices were posted and mailed on August 20+h, 2020 and an ad ran twice in the Salisbury Post. He stated there is a driveway permit that will be required from NCDOT. He stated the project will be subject to the requirements of Salisbury Rowan Utilities, Rowan County Building Inspections and Rowan County Environmental Health. He stated the project is located along NC 152 a major thoroughfare road between China Grove and Mooresville. He stated the Land Use Plan recommends Neighborhood Residential for this area. He stated the Land Use Plan does not address instances of commercial uses along thoroughfare roads. He stated thel Planning Board voted unanimously to recommend approval based on the fact the proposed existing commercial property is on a major thoroughfare road and could be more Mr. Phillips asked if the owner is currently using this property in this way. Mr. Gover stated they are currently operating in violation. Mr. Bringle asked if the applicant was here. Mr. Gover stated he is not.  compatible with the area by meeting landscaping requirements.  Mayor Seaford opened the Quasi-Judicial hearing. There were no comments from the public. Mayor Seaford closed the Quasi-Judicial hearing. Statement of Consistency and Reasonableness  Mr. Phillips made a motion that 2020-Z-03 is appropriate and necessary to meet the development needs of China Grove for the following reasons not previously envisioned by the China Grove Land Use Plan. Redevelopment of the existing commercial structures along major thoroughfares is encouraged and necessary; upon redevelopment the site shall meet the landscaping requirements of Chapter 7 to increase compatibility with residential uses in the area. Furthermore, the adoption of 2020-Z-03 is deemed an amendment to the China Grove Land Use Plan and Future Land Use Map and is reasonable and in the public interest based on the fact that the existing commercial developments along a major thoroughfare should be redeveloped to increase compatibility with surrounding uses. Mr. Stroud seconded the motion, which was carried unanimously.  2020-Z-03  Mr. Phillips made the motion to approve 2020-Z-03 the request to rezone Rowan County Tax Parcel 118A02001 and 118A021 from Suburban Residential to Highway Business Conditional Use. Mr. Stroud Mr. Phillips made a motion to approve the Finding of Facts that this use does not endanger the public health or safety if located where proposed and developed according to the plan due to the fact the proposed uses within the Conditional Use District include General Contracting (SIC 15), Special Trades Contracting (SIC 1711), Lawn Care (SIC 0782), and office for hair stylist with no services. The proposed change of use and redevelopment of the former Wise Marine property to a General ContractingSpecial Trades business, if developed as planned, does not pose a danger to the public. Mr. Heggins seconded the motion, which carried Mr. Phillips made a motion to approve the Finding of Facts that this use meets all required conditions and specifications due to the fact the proposed site plan meets the minimum standards of the Unified Development Ordinance and has been approved by the China Grove Planning Board and reviewed by the Technical Review  seconded the motion, which was carried unanimously.  unanimously.  243Page. Minute Book 7    Committee. NCDOT will require a Driveway Permit. Mr. Linn seconded the motion, which carried Mr. Phillips made a motion to approve the Finding of Facts that this use will not substantially injure the value of adjoining or abutting property unless the use is a public necessity due to the fact that no material evidence was presented suggesting this request would injure property values. Mr. Bringle seconded the motion, which Mr. Phillips made a motion to approve the Finding of Facts that the location and character of the use, if developed according to the plan as submitted and approved, will be in harmony with the area in which itisto be located and will be in general conformity with the adopted land use plans and other plans for physical development of the China Grove area as adopted by the Town Council due to the fact this project is located along W NC 152 HWY, a major thoroughfare connecting China Grove and Mooresville. The China Grove Land Use Plan does not provide recommendations for the redevelopment of commercial uses along major thoroughfares in predominately residential areas. This project is a change of use requiring compliance with the landscaping requirements of Chapter 7 of the China Grove UDO. The proposed landscaping increase compatibility with the surrounding residential uses. Mr. Linn seconded the motion, which carried  unanimously.  carried unanimously.  unanimously. 2020-CUP-03 carried unanimously.  Mr. Phillips made the motion to approve 2020-CUP-03 to allow a general contracting/trades contracting uses on Rowan County Tax Parcel 118A02001 and 118A021 without. Mr. Linn seconded the motion, which was  II) 2020-CUP-04 Center Stage Dance Expansion  Mrs. Mills swore in Franklin Gover, Assistant Town Manager for testimony during the hearing.  Mr. Gover handed out the procedures for a Quasi-Judicial hearing. He stated the applicant is requesting a Conditional Use Permit for an addition to Center Stage Dance Company. He stated the new addition is 7,672 sq. ft. and includes instruction and storage space. He stated a covered pick-up/drop-off canopy will be added to the front of the existing structure. He stated the parking area would be increased by 11,108 sq. ft. He stated the property is an irregular shape and is located the in the Office and Institutional district. He stated this project is located within the WS-IV Cold Water Creek Protected Area and limits the development without curb and gutter to 36% impervious coverage. He stated the maximum additional built upon area is 36%. He stated this addition would meet the maximum. He: stated no Type A screening is required. He stated Type B screening is required along the parking lot. He stated Type C canopy trees are required within 60' of every parking space and the applicant is proposing five. He stated a dumpster enclosure is shown in the rear of the building. He stated the applicant is showing a significant increase in parking with a total of 47 spaces. He stated the UDO regulates the appearance and materials of commercial buildings. He stated the building must be at least 75% stone, stucco, or masonry materials. He stated the applicant is proposing materials to match the existing building. He stated the proposed metal façade material does not meet the ration required of Chapter 5 and the Town Council will need to approve the design alternative. He stated thed goal in using this material is to keep the building consistent. He stated Chapter 5 also requires a minimum 40% door and window ratio along the first floor. He stated the elevation meets the ratio requirement as proposed. He stated the uses are designed to accommodate pedestrian access. He stated notices were posted and mailed on August 20h, 2020 and an ad ran twice in the Salisbury Post. Hes stated thel Planning Board voted unanimously to recommend approval. Mr. Linn asked what the side setback is. Mr. Gover stated there is no side setback in Office and Institutional  district. He stated this site is an interior parcel of the overall district.  244IPage, Minute Book 7    Mayor Seaford opened the Quasi-Judicial hearing. There were no comments from the public. Mayor Seaford closed the Quasi-Judicial hearing.  Mr. Phillips made a motion to approve the Finding of Facts that this use does not endanger the public health or safety ifl located where proposed and developed according to the plan due to the fact the proposed expansion of Center Stage Dance Company, if developed as planned, does not pose a danger to the public. Mr. Bringle Mr. Phillips made a motion to approve the Finding of Facts that this use meets all required conditions and specifications due to the fact the proposed site plan meets the minimum standards of the Unified Development Ordinance and has been approved by the China Grove Planning Board and reviewed by the Technical Review Mr. Phillips made a motion to approve the Finding of Facts that this use will not substantially injure the value of adjoining or abutting property unless the use is a public necessity due to the fact that no material evidence was presented suggesting this request would injure property values. Mr. Stroud seconded the motion, which Mr. Phillips made a motion to approve the Finding of Facts that the location and character of the use, if developed according to the plan as submitted and approved, will be in harmony with the area in which it is to be located and will be in general conformity with the adopted land use plans and other plans for physical development of the China Grove area as adopted by the Town Council due to the fact this project is located along South Bostian Street with a variety of existing office and institutional uses. The China Grove Land Use Plan recommends uses which provide services to the surrounding neighborhoods. This project is connected to the surrounding neighborhood via the existing sidewalk network, providing residents pedestrian access to a recreational service. The proposed use will be in harmony with the neighborhood in terms of intensity and  seconded the motion, which carried unanimously.  Committee. Mr. Stroud seconded the motion, which carried unanimously.  carried unanimously.  scale. Mr. Bringle seconded the motion, which carried unanimously.  2020-CUP-04  Mr. Phillips made the motion to approve 2020-CUP-04 to allow an addition to an existing dance instruction use in the Office and Institutional District on Tax Parcel 103 004 with the approval of the design alternatives recommended by the Planning Board. Mr. Linn seconded the motion, which was carried unanimously. Mr. Deal stated we are working on the drive thru Covid lest site in the parking lot of the old Food Lion on Hwy 29. He stated we are seeking permission from the property owner sO that Rowan County Health Department can have a test site in the area. He stated it would be one Wednesday a week of the next month or Mayor Seaford asked if the revised Personnel Policy was ready for review. Mr. Deal stated we are still  NEW BUSINESS  (wo. OLDBUSINESS  working on the new policy and will have updates next month.  COUNCIL UPDATES  245Page. Minute Book 7    Mayor Seaford asked if we have received the data on our revenues. Mr. Deal stated sales taxes is three months behind sO we have not received the information yet. Mayor Seaford stated he is looking at some things we had to postpone due to not knowing if the revenue would be there and maybe being able to address those. Mr. Linn asked if Chief Deal could look into a traffic safety grant for the 2021-2022 budget.  CITIZENS COMMENT ADJOURNMENT Respectfully Submitted, Pamelal L. Mills, CMC Town Clerk  None  Mr. Stroud made a motion to adjourn. Mr. Bringle seconded the motion, which carried unanimously.  Charles Seaford Mayor  246Page, Minute Book 7    BUDGET ORDINANCE AMENDMENT BEIT ORDAINED by the Governing Board of the Town of China Grove, North Carolina, that the following amendment be made to the annual budget ordinance  for the fiscal year ending June 30, 2021:  Section 1. To amend the General Fund the revenues are to be  changed as follows:  Account 3431  Decrease  Increase $105.830 $105,830  FY21 Cares Act Relief Funds  Total  $  This will result in an increase in revenues of the General Fund in the amount of  $105,830.  Section 2. To amend the General Fund the appropriations are to be  changed as follows:  Account 4910  Decrease $  Increase $105,830 $105,830  Capital Outlay  Total  This will result in an increase in appropriations oft the General Fund in the amount Section 3. Copies of this budget amendment shall be furnished to the Clerk to the Governing Board, and to the Budget Officer and the Finance Officer for their  of$105,830  direction.  Adopted this 6th day ofOctober, 2020  Charles Seaford, Mayor  Pamela Mills, Town Clerk    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  TOWN OF CHINA GROVE ORDINANCE! NO. 2020-01  AN ORDINANCE DECLARING A NORTHBOUND LANE ROAD CLOSURE FOR CRUISE IN THE WHEREAS, the Town of China Grove acknowledges providing a Cruise In event for the pleasure of the citizens; WHEREAS, the Town of China Grove acknowledges its citizens realize the benefits from holding a Cruise In; and WHEREAS, the Town of China Grove acknowledges this festival requires the northbound lane of Main Street (US 29 A) from NCI Hwy 152/Church Street (SR-1337) to Patterson Street (SR-1225) to be closed; and, WHEREAS, adequate security and crowd control can be provided by responsible public agencies. WHEREAS, adequate fire control and fire prevention service can be provided by responsible public agencies; and WHEREAS, the proposed street closing and the proposed use of the closed street are not likely to unreasonably NOW THEREFORE BEI IT ORDAINED by the Town of China Grove Town Council pursuant to the authority granted by G.S.20-169 that they do hereby declare at temporary road closure during the day(s) and times set forth  GROVE  and  interfere with public transportation and emergency services; and  below on the following described portion ofa State Highway System route:  Date(s): Saturday, October 17th, 2020 Times: 2:00p p.m. to 7:00p.m.  Route Description: Northbound lane of Main Street (US 29. A) from NC Hwy 152/Church Street (SR-1337)to  Patterson Street (SR-1225), China Grove, NC. Adopted this 6" day of October, 2020.  This ordinance shall be in full force and effect from and after the date of its adoption.  Charles Seaford, Mayor  Attested by:  Pamela L.1 Mills, CMC Town Clerk  333NN Main Street, China Grove, NC: 28023 I Phone (704)857-2466 I Fax (704)855-1855  "Inc accordunce with Federal law and U.S. Depurtment of Agriculture policy. this institution is prohibited from discriminating on the basis of ruce, color, national origin, age. disability, religion. sex. familia! status, sexual orientation. and reprisal. (Not all prohibited buses apply to all  programs)."    Pamela Mills From: Sent: To: Subject: Pamela, JP  Couch, John P jpcouch@ncdotgov> Wednesday, September 9, 20209:37AM RE: [External) Cruise In October 17  Pamela Mills  We do not have any activities that would interfere with this event.  From: Pamela Mills pmisechnagrovencgo2 Sent: Tuesday, September8, 20204:48 PM To: Couch, John P pcoucn@ncdotgov, Subject: [External) Cruise In October17  CAUTION:External email. Do not click links or open attachments uniess you verify. Send allsuspicious email as an attachment to  Pamela Mills, CMC Town Clerk 333 N. Main Street China Grove, NC: 28023 704.857.2466 ext. 2104 pmilserchnasrovensgow  CHINAGROVE Town of China Grove  ComeGrowwithUs Anoriginaltown  f  Email correspondence to and from this sender is subject tot the N.C. Public Records Law and may be disclosed to third parties.    TOWNMANAGER Kenl Deal TOWNCLERK Pamela Mills TOWNATTORNEY Tom Brooke  MAYOR Charles Seaford TOWNO COUNCIL Don Bringle Arthur Heggins Brandon Linn Rodney Phillips Steve Stroud  TOWN OF CHINA GROVE Town Council Meeting October 6"h, 2020  TO: FROM: DATE:  Mayor Seaford and Town of China Grove Town Council Franklin Gover, Assistant Town Manager  September 29, 2020  SUBJECT: Staff Report  2020-Z-02  Suburban Resilential/Mixed Residential  Conditional Use (RS-CU & RM-CU) to a new Mixed Residential Conditional Use District RM.CU;202D-CUP-O), & 2019-S-02 Collin's Walk  A. Suggested Actions for Town Council  1. Develop and adopt a statement of consistency and reasonableness  2. Motion to approve/deny/table the request to rezone Rowan County Tax Parcels 115 169 and 114 007 from an expired Suburban ResidentialMixed Residential Conditional Use (RS-CU & RM-CU) District to a new Mixed Residential Conditional Use (RM-CU)  District  3. Four individual motions adopting findings of fact  4. Motion to approve/denyltable the request for 2020-CUP-02 allowing a Major Subdivision in the Mixed Residential (R-M) zoning district; with or without conditions  on Parcels 115 1698114007  5. Approve/deny/tabie 2020-S-01 Collin's Walk Preliminary Plat  B. Basic Information Applicant: Property Owner: Physical Address:  McAdams - Eddie Moore - Lennar Homes 3430 Toringdon Way, Suite 110 Charlotte, NC28277 American Atlantic Properties PO BOX2 28 Kannapolis, NC 28082 800 block of Shue Rd  333NN Main Street, China Grove. NC 28023 I Phone (704)857-2466 Fax(704)855-1855  "Ine accordance with Federal law and U.S. Department of Agriculure policy: this institution is prohibited) from discriminating on the basis of race. color. national origin. age. disabiliy. religion. sex. familial status. sexual orientation, and reprisal. (Nor all prohibited bases apply 100 all  programs).    Zoning District: Area:  R-S to RM-CU 175 acres 373  Rowan County Parcel Number(s): 114007& 115169  Proposed Number ofLots: C.B Background  McAdams is requesting a rezoning from the current expired Suburban Residential Mixed Residential Conditional Use district to a Mixed Residential Conditional Use District to accommodate a major residential subdivision with 50 and 60 foot wide lots. A conditional use district is established to address situations where a particular use may be acceptable but the general zoning district is not. The Conditional Use Rezoning district is voluntary and intended for firm development plans. Procedurally, the town council will consider a rezoning and David Owens, UNC School of Government, explains the conditional use district process as *..a rezoning to a new zoning district that does not have any automatically permitted uses, only uses allowed by the issuance of a special or conditional use permit...The two Historically, previous Town Councils approved four other conditional use zoning districts. Each conditional use district could potentially have unique attributes due to the site specific nature of CU districts. The site specific conditional use district allows Town Council to approve reasonable conditions to help increase compatibility with the area. The conditions must equal or exceed the minimum requirements of the proposed underlying zoning district. No conditions may be adopted that are below the minimum standard of the underlyingz zoning district. The previously considered conditional use rezoning'si include the following:  conditional use request.  decisions are considered a single proceeding"  1999- Centerview Apartments- RM-CU 2002 - China Grove Partners, LLC-HB-CU (Expired) 2005-1 Atlantic American Properties: RM-CU and RS-CU 2006- - Miller's Grove- RT-CU 2019- Red Fox Lane - RM-CU (Withdrawn)  In 2005 a previous Town Council approved a Conditional Use Rezoning for the subject parcels 1. The only uses will be single family residences and their associated accessory uses. 2. The subdivision will have no more than 300 homes comprised ofa full mix of designs on lots meeting the minimum dimensional criteria for the underlying zoning district  allowing a major subdivision based on the following conditions:  3. 133 lots will be 8,500 sq. ft. 4. 78 lots will be 10,000 sq. ft. 5. 109 Lots will be 20,000s sq. ft.  6. Lots must be developed at a 1:1 ratio until the maximum numbers are met.  3331 NI Main Street, China Grove, NC 28023 I Phone(74)857-2466 I Fax(704)855-1855  "In accordance with Federal lar and U.S. Depariment of Agriculture policy. this institution is prohibited) from discriminating on the basis of race. color. national origin. age. disability, religion. sex. familials status. sexual orientation. and reprisal. (Not all prohibited bases apply 1oa all  programs)."    7. Buffers along Shue Rd in the form of berms, fences, or heavy landscaping maintained by 8. Maximum of 100 units built per year, with build out planned in three years  an HOA  9. Owner deeding the flood plain area to town 10. Property owner to follow all laws and requirements  The Conditional Use Districts approved in 2005 were never utilized and the subject parcels, Rowan County Tax Parcels 114 007 & 115 169, remain undeveloped. Section 13.6.4 B. of the Unified Development Ordinance states that a final plat must be recorded within two years of the approval date. When Conditional Use Districts expire there is no automatic change in zoning. The Planning Board shall make a recommendation to the Town Council to revert the conditional districts to the zoning districts in effect prior to the initial approval. No legislative approval has occurred. Currently, there are no permitted uses and a legislative approval must be made prior to As shown above, in 2019 the Town Council considered 2019-Z-01, a Conditional Use Rezoning request for a RM-CU district, to allow a proposed major subdivision on properties adjoining the  any development.  subject parcels. The request was ultimately withdrawn by the applicant.  D.Subdivision Information  The following comments are based on the assumption that the subject parcels are zoned Mixed  Residential.  1. Dimensional Requirements Mixed Residential: Setbacks  Ordinance Between 10' and 25' 5' 25' 50' 15  Proposed 10' (Garage 15') 5'Interior, 10' Corner 25' plus 50' +6 60' 2.07  Front Side Rear Lot Width 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.  2. Open Space Total Acreage Developable Acreage Open Space Minimum. Area Categories  Required  Proposed 180 acres 115 acres 67.42 acres 84.48 acres  20% or 23 acres  3331 NI Main Street, China Grove, NC 28023 I Phone (704)857-2466 Fax(704)855-1855  "Inc accordance rith Federal law and US. 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 orientation. and reprisal. (Not all prohibited bases apply 10 all  programs).    Nature Preserve Park Stormwater Control Areas Areas for Cluster Box  69.73 Acres 2.37 Acres 45CMs areas Not Shown  Yes USPS requirement  3. Streets and Sidewalk Designs  a. Category 1 Residential Street requirements  Typically provides access to residential areas and connect neighborhoods. Category 1 streets focus on low traffic volume, high accessibility, pedestrian and bicycle safety, and utility infrastructure for neighborhoods.  ii. Right-of-way Width - 601 ft. iii. 15-25 mph design speed iv. Total Distance - Miles  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  Sidewalks on both sides of street  4. Preliminary Grading  a. A site shall not be graded to create a slope greater than 2:1 at adjaçent 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 - Retaining Walls- The applicant proposes retaining walls on lots. I recommended that the HOA be responsible for the maintenance of the ii. Retaining walls should be accessible through recorded easements on HOA 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.  onacase by case basis.  retaining walls. common areas.  E. Staff Comments  1.R Relationship with any plans and policies.  The Suburban Residential district provides for the development of conventional subdivisions at medium to low densities. These areas are usually located outside the commercial areas of the Town and are serviced by water and sewer. Future developments should look to provide sidewalks and connectivity between adjacent properties. In addition, the preservation of open "Inc accordance withl Federal lar and US. Departmento of Agriculture policy. this institution is prohibited) from discriminating on the basis of race, color, national origin. age. disability. religion. sex. familial sialus. sexual orientation. and reprisal. (Not all prohibited bases apply 10 all  333NN Main Street, China Grove, NC 28023 I Phone(704)857-2466 I Fax (704)855-1855  programs).    space along undevelopable land should be encouraged. This has been the predominant Plans- According to the China Grove Land Use Plan this property is located in the Rural Residential future land use category which is typically around the outskirts of the town's corporate limits. The Rural Residential category is designed for residential purposes that preserve the existing rural character, by offering larger lots. The design of the development should maximize the preservation of the rural character and preserve open space. The Suburban Residential and Rural Preservation zoning districts would be seen as compatible with this future land use category. The Mixed Residential District is intended to create higher density areas that  development type over the last halfofthe 20th century.  are typically around downtown and offera variety ofhousing. 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 subdivision is designed to meet the minimum requirements of the R-M district. However, the R-M district is not seen as compatible with the area. The conditional use district process allows the Town Council to place reasonable conditions that may increase compatibility. 3. Compatibility of all uses within the proposed district classification with other properties Referencing attachment number 2, a GIS zoning map, there is a Mixed Residential zoning district adjoining this parcel. The existing RM district runs west along Shue Road to the town limit. The existing development within the adjoining R-M district does not align with the intent of the district. The area is primarily single family with the exception of apartments located along Compatibility of uses- The R-S and RM-CU districts are both single family zoning districts which allow stick built and modular homes. Both districts contain similar residential uses but the R-M district allows for much higher densities, smaller lot areas, widths, and setbacks. The table District Front Setback Side Set Back Rear Setback Minimum Lot Max Density  and conditions in the vicinity  Arbor Drive.  below compares the dimensional requirements oft the districts.  Width 70 50  R-5 R-M  30 10-25ft.  10 5  35 25  3 15  Conditions in the vicinity (see GIS map): North: Grants Creek, Vacant Woods,  Character of the area: Low density single family along Shue Rd  333N NN Main Street, China Grove, NC 28023 Phone (704)857-2466 I Fax(704)855-1855  "Inc accordance with Federal lar and US. Deparment ofA Agriculure policy. this institutioni is prohibited) from discriminating on the basis of race. color. nationale origin. age. disability. religion. sex. familials siatus, sexual orientation, and reprisal. (Not all prohibited! bases apply 10 all  programs).    South: Mixed Residential Zoned, Residential Uses East: Collins Road Area West: Shue Rd: single family homes  4. Potential impacts on facilities such as roads, utilities, and schools  Roads: The primary entrances to the subdivision are along Shue Rd, with 2,400 AADT. The subject parcels also access US 29 HWY via Collins Rd. US29isar major thoroughfare road with 12,000 average annual daily trips in 2016. NCDOT has reviewed the plans and applicant provided Traffic Impact Analysis recommending several improvements including right turn lanes. The local NCDOT District Engineer will also require the existing .3 miles of Collin's RD 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, Utilities: This area will be served by Salisbury Rowan Utilities, infrastructure installed by the Other: This project is not located within a water supply watershed area. This project is subject to the town's stormwater management program and permitting requirements. The stormwater facilities are within the five mile airport overlay district. The stormwater engineer is responsible for meeting the requirements. There is regulatory floodplain on the property according to the  ber resurfaced upon completion oft the subdivision.  and Carson High School. developer.  plat and adopted F.I.R.M. panels. F.Conditional Use Criteria  Before making a motion for approval the Planning Board should consider the following four conditional use criteria described below. The applicant has provided responses to each of the criteria within their application and they are shown in quotation marks. Planning staff has also provided brief responses to supplement those of the applicant in bold text. The Planning Board may recommend Town Council attach fair and reasonable conditions to the approval based on 1. - The use will not materially endanger the public health or safety if located where proposed "The proposed Collins Walk neighborhood will not materially endanger the public health or safely ofa area residents according to the design provided on the conditional plan. Two points of vehicular access will be provided along Shue Road and an extension of Collins Road for This is subject to the requirements of Salisbury Rowan Utilities, Rowan County Building Inspections, Rowan County Environmental Health and various other agencies. "In accordance with Federal law' andU.S Department of Agriculture polig. this instilution is prohibiled) from discrimimating on the basis of race. color. national origin. age. disability. religion. sex. familials status. sexual orientation. and reprisal. (Not all prohibited. bases apply toall  the following findings of fact:  and developed according to the plan.  access onto. N. Main Street.  333 NI Main Street, China Gtove, NC: 28023 I Phone(704)857-2466 Fax(704)855-1855  programs).    While the streets within the neighborhood will eventually be maintained by the town the intersections with Shue Rd and US 29 are subject to approval of NCDOT. The UDO requires developers provide street stubs to underdeveloped adjoining properties.  2. The use meets all required conditions and specifications.  "Design of the Collins Walk neighborhood meets all preliminary plat requirements of the UDO, Conditional Use Permit findings, and Lennar is offering voluntary conditions as part Planning Staff and TRC have reviewed the preliminary plat. The plat largely meets the requirements of the UDO. The plat included in the packet represents a revised plat which incorporates comments from TRC and staff. Planning Board members can expect the preliminary plat to be revised up to Town Council approval, and minor 3. The use will not substantially injure the value of adjoining or abutting property unless the use "The Collins Walk neighborhood will not injure the value of adjoining properties since a majority of the adjoining properties are like single-family residential. Public water and sewer infrastructure will be extended to serve Collins Walk and enhance the value of adjoining properties, forj future development and redevelopment opportunities. No material evidence has been presented that this development will affect the property 4. The location and character of the use, if developed according to the plan as submitted and approved, will be in harmony with the area in which it is to be located and will be in general conformity with the adopted land use plans and other plans for physical development of the "Collins Walk is consistent with adopted land use policy and the surrounding area by proposing a single - family neighborhood with a residential density approximately 2.1 dwelling units per acre. The Land Use Plan recommends Rural Residential for the site. Contiguous residential parcels to the west oft the site are currently zoned RS and RM. Public water is available t0 the site by an existing 6" PVC line along Shue Road Public sewer is available onsite by an existing 21" concrete gravity sewer line adjacent to Grants Creek and an existing 8" terra cotta sewer line located along Shue Road. The proposed layout of the site has taken into account preservation of the rural character and open space. The north border of the site fronts Grants Creek. A. stream and wetland delineation has occurred onsite that results in an additional stream features not identified in the 2016 China Grove, NC USGS Quad Sheet. These stream features are planned to be preserved with appropriate stream buffers. Proposed tree save for the site has been selectively determined based on  ofthe conditional rezoning. "  changes during the engineer plan review.  isa public necessity.  values of adjoining or abutting properties.  China Grove area as adopted by the Town Council.  areas ofexisting trees and trees that exist along steep. slopes of the site.  333NN Main Street, China Grove, NC: 28023 I Phone (704)857-2466 Fax( (704)855-1855  "Inc accordance with Federal lavr and US. Department of Agriculture policy: this institution is prohibited) from discrimmating on the basis of race. color. national origin. age. disability. religion. sex. familial siatus. sexual orientation. and reprisal. (Not allp prohibited! bases apply voall  programs).    According to the China Grove Land Use Plan this property is located in the Rural Residential future land use category which is typical around the outskirts of the town's corporate limits. The Rural Residential category is designed for residential purposes that preserve the existing rural character, by offering larger lots. The proposed subdivision's density is two dwelling units per acre. Less than the maximum density allowed in the current R-S district. However, the R-S district requires 70' minimum lot widths. The design of the development should maximize the preservation of the rural character and preserve open space. The Suburban Residential and Rural Preservation zoning districts are seen as compatible with this future land use category. The Mixed Residential District is intended to create higher density areas that are typical around There is an existing R-M district which runs west along Shue Rd from Main Street to the Town's limits. However the development patterns within the referenced R-M district preexist the district and do not align with the intentions of the R-M district. The area primarily consists of single family residences on large parcels with the apartments at the intersection of Arbor Drive being the exception. The Collins Road area, to the  downtown and offer a variety of housing choices.  East, is single family in nature. G.A August 2020 Planning Board Meeting  At the August Planning Board meeting several adjoining residents spoke against the approval of the subdivision. The Planning Board also heard a petition from the residents of Collin's Road concerning the subdivision. The petition and minutes are attached. After a lengthy discussion based around the location and ratio of 50 to 60 foots lots, and the design of the proposed homes the planning board voted to recommend the approval of the rezoning, the conditional use permit, and the preliminary plat based on the following statement and  conditions:  Statement of Consistencyand Reasonableness  Mrs. Bivens-Hager made a motion that 2020-Z-02 is appropriate and necessary to meet the development needs of China Grove for the following reasons not previously envisioned by the China Grove Land Use Plan because of the proximity to Hwy 29 and commercial development, the site has connectivity to sewer and water, and the topographic challenges to the site. Furthermore, the adoption of 2020-Z-02 is deemed an amendment to the China Grove Land Use Lan and is reasonable and in the public interest based on the fact the proposed subdivision has a similar gross density of less than 3 units per acre to the Suburban Residential zoning district. Mr. Phillips seconded the motion, upon a roll call vote Chairman Morton voted yes, Mr. Higgins voted yes, Mr. Hinson voted yes, Mr. Bivens voted yes. (6-0) Mrs. Bivens-Hager recommended to approve the request to rezone Rowan County Tax Parcels 114 007 & 115 169 from Suburban Residential Conditional Use and Mixed Residential Conditional Use to Mixed Residential Conditional Use District. Mr. Hinson seconded the motion, upon a roll call vote Mr. Bivens voted yes, Mr. Hinson voted yes, Mrs. "haccordance with Federal lar and US. Department ofA Agriculure policy. this institution is prohibited from discriminating ont the basis of race, color; national orign age. disabiliy. religion. sex.) familials siatus, sexual orientation. and reprisal. (Not all prohibited bases apply voall  Bivens-Hager voted yes, Chairman Morton voted no. (5-1)  3331 NMains Street, China Grove, NC 28023 Phone (704) 857-2466 Fax(704)855-1855  programs).    Mr. Phillips recommended to approve of 2020-CUP-02 the request for a Conditional Use permit for a Major Subdivision in the Mixed Residential zoning district; with the conditions the realignment oft the first entrance to split the adjacent properties, that lots 1-34 along Shue Road be changed from 50 ft to 60 ft lots, design and implementation of pool and greenway, architectural design to meet the UDO. Mr. Hinson seconded the motion, upon roll call vote Mr. Bivens voted yes, Mr. Higgins voted yes, Mrs. Bivens-Hager voted yes, Chairman Mrs. Bivens-Hager recommended to approve the Collin's Walk Preliminary Plat 2020-S-01 with the conditions above. Mr. Phillips seconded the motion, upon roll call vote Mr. Bivens voted yes, Mr. Higgins voted yes, Mr. Hinson voted yes, Chairman Morton voted yes. (6-0)  Morton voted yes. (6-0)  Planning Board Recommended Conditions:  1.The new parcels backing up to Shue RD shall be a minimum 60' in lot width. 2. The homes shall be designed to meet the residential design guidelines of UDO Section 5.3.1 specifically focusing on front porches and garages as follows: C. Garages shall not have visual prominence on the front façade. Garages that face the street shall be recessed from the front façade as follows: Ifthe structure has a usable front porch that is at least six (6) feet deep and extends more than 50 percent of the front façade, then the garage may be flush with the front façade. Ift the structure does not have ausable front porch that is a least six (6) feet deep and extends more than 50 percent of the front façade, then the garage shall be recessed from the front façade a minimum of 3. All the self-imposed conditions listed on the preliminary plat, including the swimming  four (4) feet.  pool/club house, greenway, and adjusting the lots along Shue RD.  H. Procedures  1. Receive Staff Report - Presentation by Franklin Gover  2. Questions for staff 4. Questions for Applicant 5. Conduct Quasi-Judicial hearing 6. Close hearing 7. No further testimony allowed 8. Town Council Discussion  3. Receive Report from Applicant - Presentation by Eddie Smith, McAdams  9. Rezoning Suburban Residential/Mixed Residential Conditional Use District to a new  Mixed Residential Conditional Use District ii. Motion to approve or deny 2020-Z-02  i. Motion to adopt a statement ofconsistency and reasonableness.  10. Conditional Use Permit  3331 NI Main! Street, China Grove, NC 28023 I Phone (704)8 857-2466 Fax(704)855-1855  "Inc accordance with Federal lar and U.S. Department ofA Agriculture policy. this institution is prohibited from discriminating on the basis of race. color. nationald origin. age. disability. religion, sex. amilialsiatus. sexual orientation, and reprisal. (Not all prohibited bases appb voall  programs).    Fouri individual motions adopting findings oft fact  ii. Motion to approve or deny 2020-CUP-02, with or without conditions.  ili. Establish Conditions  11. Decision - Major Subdivision Preliminary Plat  Motion to recommend to Approve or Deny 2020-S-01, Collin's Walk  Subdivision  I. Attachments I.  Applications 2. GIS Maps 3. Preliminary Plat 4. August Planning Board Minutes  3331 NI Main Street, China Grove, NC: 28023 I Phone (704)857-2466 I Fax(704)855-1855  "Inc accordance with Federal lav and US. Department of Agriculture policy. this institulion is prohbited from discriminating on the basis of race. color. national origin, age, disability. religion, sex. familial status. sexual orientation, and reprisal. (Not all prohibited bases apply 10 all  programs).    Rezoning Petition, Preliminary Plat, + Conditional Use Permit  JoinderAgreement LENNAR - COLLINS WALK  The undersigned, as the owners oft those parcels ofl land that are designated as Tax Parcel #s: 114 007 and 115 169 In China Grove, North Carolina and which are the subject of the attached Rezoning Petition, Prellminary Plat, and Conditional Use Permit, hereby Join in sajd Rezoning Petition, Preliminary Plat, and Conditional Use Permit. Since the Rezoning Petition is a conditional rezoning, the owners hereby agree to the rezoning as more particularly depicted on the related Rezoning Site Plan and to subsequent changes to the Rezoning Site Plan as part of  this Rezoning Petition.  Atlantic Ameriçan Properties, Inc. 210 Oak Avenue Kannapolis, NC28081 704-273-1210 A mabizer@easiesokecon Melhat Mr. Thomas Sanctis, Vice President 704-237-1128 sanctseasiereoks.con    TOWN OF CHINA GROVE 3331 N. Main Street- China Grove, NC28023 704-857-2466- -704-855-1855 Land Development Application -Rezoning  Case# # 2020-Z-02  Receipt#  Project Information Date of Application March 6, 2020 Name of Project Collins Walk Parcel Number(s)114 007 and 115 169 Address 770 Shue Rd + 0 Collins Rd Current Zoning District RMH + RS-CU,  Property Size +- 177 acres Proposed Zoning District RM-CU  Overlay District(s). Lennar- Matt Pannell Applicant 6701 Carmel Rd, Suite 425 Address Charlotte, NC 28226 City, State Zip Code 704-380-7062 Telephone matipannei@lemarcom Email address WMert Al Signature  Contact nformation PROPETY OWNER NFORWAIONATIACHED  McAdams - Eddie Moore, AICP Preperty-Owner Agent for Applicant 3430 Toringdon Way, Suite 110 Address Chariotte, NC 28277 City, State Zip Code 704-527-0800 Telephone emoore@mcademscogon Bmail addréss Signature-requirydy  Statement of Consistency Attached  Please explain how this request is consistent with adopted Town plans and the surrounding area.  Page 1of2    Meeting Dates  Planning Board Meeting Date: August 12th and 13th, September 8th, 2020 Online Planning Board Decision: Recommended Approval with specific conditions to which the  Applicant must agree to.  Town Board Meeting Date: October 6th, 2020  Town) Board Decision:  Page 2of2    COLLINS WALK-STATEMENT OF CONSISTENCY  This request is consistent with adopted land use policy and the surrounding area by proposing a single- family neighborhood with a residential density approximately 2.1 dwelling units per acre. The Land Use Plan recommends Rural Residential for the site. Refer to adopted Land Use Plan below.  7. Rural Residential  Rural Residential districts are designed for residential purposes that preserve the existing rural character, while offering larger lots. These districts are usuaily! located on the outskirts of the urban area and are not serviced by water and sewer. The Rural Residential districtis developed at a low to medium density. Design of the development should seek to maximize the preservation of the rural character and preserve open space. Above is the description of the of1 the Rural Residential recommended land use. Public water is available tot the site by an existing 6" PVC line along Shue Road. Public seweri is available onsite by an existing 21" concrete gravitys sewer line adjacent to Grants Creek and an existing 8" terra cotta sewer linel located along  Shue Road. Above information provided by Salisbury-Rowan Utilities. Contiguous residential parcels to are primarily and currently zoned RS and RM.  The proposed layout oft thes sitel has takeni into account preservation of the rural character and open space. The north border of the site fronts Grants Creek. A stream and wetland delineation has occurred onsite that results in an additional stream features noti identified int the 2016 China Grove, NC USGS Quad! Sheet.  These stream features are planned to be preserved with appropriate stream buffers.  1Page    Proposed tree savet for the sitel has been selectively determined based on areas of existing trees and trees  that exist along steep slopes of the site. 5.2 RESIDENTIAL DEVELOPMENT maintainstrong neighborhoods.  Land Use Plan Section! 5: Goals to Guide us into the Future:  Goa!: Preserve.enhance.gndcredte atswighngeniomment that create and  Shrategy 5.2A-3: Explore amending the Unified Development Ordinance to allow Objective 5.2B: New. residential growth should balance impacts to the community. Shrategy 5.28-1: Encourage the development of neighborhoods that minimize traffic congestion and promote walkability, retain open spaces, and contribute to Shategy 5.2B-2: Conservation type subdivision designi is highlyencouragedi in the Shrategy 5.2B-3: Develop a subdivision street design template that includes sidewalks on bolhs sides, street trees, bike share lanes (on major streets), and utility locations. This will aidi in the subdivision and rezoning review process.  and ençourage a mix of housing types and compatble uses.  the small town character of China Grove.  Rural Residential aregs.,  Objective 5.2C: Protect the integrity. of existing neighborhoods.  Shategy 5.2C-1: Prohibit the encroachment of incompafible non-residentid uses in established neighborhoods and the routing of industrial related traffic through Strafegy 5.2C-2: Protect the characier of existing residenfial neighborhoods through the review and revision of the Unified Development Ordinance standards Rezoning the site for the Collins Walk neighborhood meets ALL goals, objectives, and strategies outlined  residential areas.  and through use of conditional zoning.  above and summarized below:  Collins Walk will be designed for future expansion to other areas of Town via public water and Collins Walk willl be designed with pedestrian and vehicular connections to! Shue Road and extend Collins Road, for access to N. Main Street, to set up a future network to offer alternatives Collins Walk will be designed with conservation measures, as outlined previously, with a  sewer and pedestrian and vehicular connections.  compared to exclusively relying on Shue Road for vehicular access. residential density not exceeding approximately 2.1 dwelling units per acre.  2/Page    Collins Walk will be designed with sidewalks along both sides of the streets and required yard trees to be pulled up along the back of sidewalks to provide a visual appearance of street trees Collins Walk will be designed with neighboring properties in mind. Significant stands of existing trees will be preserved along the perimeter of the neighborhood and stream buffers. This will Collins Walk rezoning is conditional and Lennar is amenable to voluntary site and design  based on spacing and location. serve as a significant buffer. conditions.  3IPage    TOWN OF CHINA GROVE 333 N. Main Street China Grove, NC28023 704-857-2466 - 704-855-1855 Conditional Use Permit Application  Case #  Receipt #  Project Information Date of Application Name of Project Parcel Number(s) Address Current Zoning District Contact Information Applicant Address City, State Zip Code Telephone Email address Findings of Fact  Property Size Proposed Zoning District  Property Owner Address City, State Zip Code Telephone Email address  In approving an application for a Conditional Use Permit, the Town Council may attach fair and reasonable conditions to the approval. The petitioner will have a reasonable opportunity to consider and respond to any additional requirements prior to approval or denial by the Town Council. The applicant has the burden of producing competent, material, and substantial evidence to establish the facts and conditions. Int the space provided below, indicate the facts that you intend to provide to convince the Council that it can properly reach the following required A. The use will not materially endanger the public health or safety if located where proposed and  conclusions:  developed according to plan.  Page lof2    B. The use meets all required conditions and specifications.  C. The use will not substantially injure the value of adjoining or abutting property unless the use  isapublic necessity.  D. The location and character of the use, if developed according to the plan as submitted and approved, will be in harmony with the area in which it is to be located and will be in general conformity with the adopted land use plans and other plans for physical development of the  China Grove area as adopted by the Town Council.  Meeting Dates  Planning Board Meeting Date: August 12th and 13th, & September 8th  Planning Board Decision: Recommended approval withs specific conditions which must be agreed to by  applicant  Town Council Meeting Date: October 6th, 2020  Town Council Decision:  Page 2of2    TOWN OF CHINAGROVE 3331 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 Meeting Date: July 21st, 2020 TRC Decision: Not enough members present  Planning Board Meeting Date: August 12th and 13th, & September 8th, 2020  Planning Board Decision: Recommended approval with specific conditions which must be agreed to  by the applicant.  Town Council Public Hearing Date: October 6th, 2020  Page lof2    Town Council Decision:  Page 2of2    1380  Legend  China Grove Corporate Limits Subject Parcels HB LI NC RM RM-CU  RMH RS RS-CU RT Date: 8/6/2020  1,000    MCADAMS  DATA E  E STREET  E SRETS  OVERALL PL-1    MCADAMS  COLLIN ROAD  STREET'C:  STREET'D  SHUE  EXHIBIT PL-2    EGEND  GMADINGUEGEND  MCADAMS  y  STREE  ROAD  STREET"  STREET'C  RELIMINARY GRADING PL-3    NOTES: EXISTING1 TREELINE: +10.58AC +7.16 ACC OF1 TREE LINE (267%OF EXISTING)IS TOBE PRESERVED PRELIMINARY: STREAM AND WETLAND DELINEATION, DATED2/15/2019, PREPARED BYF PAUL PETITGOUTO OF LOWRY'SE ENVIRONMENTALAN ECOLOGICAL SERVICES. 4.THERE DOES NOT APPEAR1 TOHAVE ANYP PREVIOUSLY DOCUMENTED ENDANGERED: SPECIES HABITATS 5.SITE DOES NOT! HAVE ANY DESIGNATED! FLOODPLAIN PERF FIRMF PANEL 5637, MAPN NUMBER 37105637001, ANDE EFFECTIVE DATEC OF JUNE 16,2 2009  MCADAMS  UENT    RONMEI SURVEY PL-4    TOWN MANAGER Ken! Deal TOWN CLERK Pamelal Milis TOWN ATTORNEY Tom Brooke  MAYOR Charles Seaford TOWN COUNCIL Don Bringle Arthur Heggins Brandon Linn Rodney Phillips Steve! Stroud  CHINA GROVE PLANNING BOARD MEETING  ELECTRONIC MEETING Minutes of Regular Meeting Wednesday, August 12, 2020  The China Grove Planning Board met electronically on Wednesday, August 12, 2020 at 6:00 PM at the  China Grove Town Hall, 333 North Main Street, China Grove, North Carolina. Planning Board Members Virtually Present: David Morton, Chairman  Butch Bivens, Vice Chairman Brie Bivens-Hager Rodney Phillips Jason Hinson Jason Higgins  Planning Board Members Absent: Natalie Morgan Staff Virtually Present: Pamela Mills, Town Clerk  Franklin Gover, Assistant Town Manager  Visitors Virtually Present: Eddie Moore, Matt Pannell, Rene Mercier, Michael Sandy, Cheryl Chairman Morton called the meeting to order at 6:00 PM. The presence of a quorum was recognized at Mr. Phillips made the motion to adopt the agenda. Mr. Higgins seconded the motion, which carried  Thompson, Christian Jones, Jimmie Childers, Trevor Efird, D Nelson, Ronnie  Roll Call and Recognition of Quorum  that time. Adoption of Agenda unanimously. Public Comment None Courtesy Hearings  Please Note: Due to the current State of Emergency no Board action on public hearing items will occur if avirtual meeting is used to conduct the public hearing. The item will be continued and the public will have 24 hours from the end of the meeting to provide comments on the public hearing item.  333NN Main Street, China Grove, NC: 28023 Phone (704)857-2466 Fax (704)855-1855  "Inc accordance with Federal law and US. Department of Agriculture, policy. this institution is prohibited) from discriminating on the basis of race. color. national origin. age. disabiliy. religion. sex. familials status. sexual orientation. and reprisal. (Not all prohibited bases apply 10c all  programs).    2020-Z-02, 2020-CUP-02, 2020-S-01 Major Subdivision - Collin's Walk the comment or you can be unmuted and talk during the comment section.  Rene Mercier an attendee asked how we comment. Mr. Gover stated there are two options, you can type Mr. Gover stated the applicant is requesting a rezoning from Suburban Residential District to a Mixed Residential Conditional Use District to accommodate a major residential subdivision with 50 and 60-foot- wide lots. He stated a conditional use district is established to address situations where a particular use Mr. Gover stated procedures are different for a virtual meeting. He stated he will give the staff report, he will answer questions from the Board, the applicant will present, we will open the Courtesy Hearing and take comments from the public. He stated he will share the petition that was received from residents on Collins Road. He stated we will recess the hearing until Thursday, August 13, 2020 at 6:00 PM. He stated on Thursday we will read any written comments submitted to the Town Clerk and close the hearing. He Mr. Gover stated there are two parcels that make up the area. He stated approximately 175 acres of undeveloped property. He stated the property adjoining these two parcels is the development that we considered in 2019. He stated most properties surrounding are zoned Mixed Residential along Shue Road, Suburban Residential along Collins Road and Manufacturing Home district around Westhaven Way. He stated Collins Road is a state-maintained road to a certain point and gravel beings at the end of the state- maintained portion. He stated Shue Road has largely undeveloped properties with some residential Mr. Gover stated this process is unique to North Carolina. He stated after zoning a district that has no uses you immediately approve a Conditional Use permit that approves the uses for that zoning district. Mr. Gover stated in 2005 a previous Town Council approved a Conditional Use Rezoning for the subject 1. The only uses willl be single family residences and their associated accessory uses. 2. The subdivision will have no more than 300 homes comprised ofa full mix of designs on lots meeting the minimum dimensional criteria for the underling zoning district 6. Lots must be developed at al:1 ratio until the maximum numbers are met. 8. Maximum of 100 units built per year, with build out planned in three years  may be acceptable but the general zoning district is not.  stated at that time the Board will be able to deliberate and vote on the case.  properties.  parcels allowing a major subdivision based on the following conditions:  3. 133 lots will be 8,500 sq. ft. 4. 78 lots will be 10,000 sq. ft. 5. 109 lots will be 20,000 sq. ft.  7. Buffers along Shue Road in the form of berms, fences, or heavy landscaping maintained by an  HOA  9. Owner deeding the flood plain area to town 10. Property owner to follow alll laws and requirements.  He stated the major subdivision was never constructed and the conditional Use Districts have expired. Mr. Gover stated the Mixed Residential (RM) district has a front setback of a minimum of 10 ft. and maximum of 25 ft. He stated the side setbacks are 5 ft. and the rear setbacks are 25 ft. He stated the minimum lot width is 50 ft. and allows 15 units an acre. He stated the RM district is typically around the edge of the center city and promotes high density and a mixture of housing types including multi-family. He stated the RM district on Shue Road has single family homes on 100 ft. lots and multi-family homes. He stated the RM district on East Liberty Street has single family homes on 50 ft. lots. He stated the RM district on Railroad Ave has single family homes on 100 ft. lots. He stated Miller's Grove has 60 ft. lot width with 25 ft front setbacks and is zoned RT-CU. He stated the developer is proposing 10 ft. front "Ind accordance with Federal law and US. Department ofAgriculure policy. this institution is prohibited from discriminating on the basis of race, color. national origin. age, disabiliny religion. sex. familials status. sexual orientation, and reprisal. Not all prohibited bases apply voall  3331 NT Main Street, China Grove, NÇ 28023 Phone(704)857-2466 I Fax(704)855-1855  programs).    setbacks with a 5 ft. recessed garage. He stated the RS district is on the outskirts of town and is largely single-family homes. He stated according to the Land Use Plan this property is located in the Rural Residential future land use category which is typically around the outskirts of the town's corporate limits. He stated the developer is proposing a dedicated open space, greenway, and tree save program. He stated there are multiply points ofentry offofHwy 29 and North Main Street via Collins Road and Shue Road. He stated the Land Use Plan mentions street trees, access to different transportation modes, rural Mr. Gover stated the site plans show required stream buffers. He stated looking at the interconnectivity it shows grid like blocks that are less then 1,000 ft. He stated there are several stormwater control measures indicated. He stated Collins Road would flow all the way through the development to Shue Road. He stated there are a number of cul-d-sac's and future stub out streets which are key to other development of the undeveloped property in the area. He stated the site plan shows sidewalks on both side, utility strips and a grass strip. He stated looking at the lots there are a blend of 50f ft. and 601 ft. lots. He stated the break down they are proposing 211, 50 ft. lots and 162, 60 ft. lots. He stated the majority of the 50 ft. lots are located at the beginning of the development when entering off of Shue Road. He stated this development Mr. Gover stated no site shall be graded to create a slope greater than 2:1 at adjacent properties unless the slope already existed on the undeveloped land. He stated the appliçant is proposing retaining walls on some lots to control the slopes. He stated he recommends that the HOA be responsible for the maintenance of the retaining walls. He stated natural floodplain and floodways, wetland areas, existing tree canopy, forest stands, or significant vegetation on slopes exceeding 25% shall be preserved. Mr. Gover stated mailed notices went out. July 30", 2020 and a notice was posted on the property. Chairman Morton asked how deep are the lots on average in Miller's Grove. Mr. Gover stated approximately 100 ft. deep. Chairman Morton asked how deep the proposed lots are. Mr. Gover stated 120 ft. deep. Chairman Morton asked what the minimum front setback is in the current RS district. Mr. Gover stated 30 ft. Chairman Morton asked in Miller's Grove the current lot is 70 ft. with a depth of 120 ft. deep with a 301 ft. front setback. Mr. Gover stated we do not have a minimum depth required. He stated with the RS district youl have to have 14,000: sq. ft. lots. He stated the current lots in Miller's Grove are 70 ft. with a depth of 200 ft. Chairman Morton stated what the applicant is proposing is 50 or 60 ft. lots with a depth of 120 ft. with a front setback of 10 ft. He stated the front yard in this proposed neighborhood Chairman Morton stated there is a home at the end of Collins Road that would end up connecting to the neighborhood via Street J and would become this resident's way out. He stated the pavement for Collins Road is in good shape. He stated there are six residents that are existing that would touch this subdivision. Chairman Morton stated a petition was submitted from the residents on Collins Road opposing the extension of Collins Road due to increased traffic, damage to properties and road, damage to wildlife Mr. Hinson asked where the existing 50 ft. lots in China Grove that were shown today are. Mr. Gover stated those are located on East Liberty Street. Mr. Hinson asked what the road width is in Miller's Grove. Mr. Gover stated the main road Berrybeth Circle is a 60 ft. right of way, but the secondary roads  character, and compatibility.  isc designed to the RM standard.  would be half the depth of the lots in Miller's Grove.  beçause oft the development.  are: 50ft.  333NN Main Street, China Grove, NÇ 28023 Phone (704) 857-2466 Fax(704)855-1855  "Inc accordance with Federal law and U.S. Department of Agriculture policy. this institution is prohibiled from discriminating on the basis of race. color, national origin. age. disability. religion, sex. familial status. sexual orientation. and reprisal. (Not all prohibited bases appl toall  programs).    Eddie Moore, McAdams Matt Pannell, Lennar Homes  He stated McAdams is a land development design firm out of Charlotte. He stated he is assisting Matt He stated Lennar Homes is a national home builder and have been in business since 1954. He stated currently there are 25 active communities in the Charlotte Metro area. He stated we build from the mid- Mr. Moore stated currently 96 acres is zones RM-CU and 81 acres is zoned RS-CU. He stated both Conditional Uses have expired. He stated looking at the requested zoning VS the current zoning the RS allows for 3 units per acre and the RM allows for 15 units. He stated the proposal for Collins Walk would be RM-CU with a density of2.7 homes per açre. He stated you can have rural compatibility with lots being 50 ft. and 60 ft. He stated he did a comparison of the RS and RM districts with the same layout being proposed. He stated we could build on 350 lots on 70 ft. lots in the RS district and we are proposing 373 lots. He stated these are fairly close in numbers. He stated they are proposing 373 single family homes with 212 50 ft. lots and 161 60 ft. lots. He stated 47% of the site will be open space and tree preservation. He stated there are 5 stub streets and the Collins Road extension. He stated there is a 2.4- acre portion in the first half of the development that is a commitment to build a pool, cabana or club house and parking. He stated there are three streams that affect the property. He stated Lennar is willing to dedicate a greenway easement that is almost a mile of a potential greenway. He stated a virtual community meeting was held on June 11, 2020 via zoom. He stated of the 45 property owners that were contacted only 13 property owners asked for the zoom link. He stated only 7j joined the meeting. He stated all questions and concerns were submitted to the Town. He stated the major questions included traffic Mr. Moore stated the first phase will be along Shue Road. He stated there are two access points off of Shue Road. He stated the green way easement runs along the creek from the eastern side to the western Mr. Moore stated the American Dream Series has five different models with the homes being 30 ft. wide on 50 ft. lots. He stated they have 2 car garages, 1,403 - 2,577 sf, 3-5 bedrooms with lofts or bonus rooms. He stated all homes will have a 20 ft. driveway with 10 ft. side setbacks. He stated the Walk Series has four different models with homes being 30 ft. wide on 60 ft. lots. He stated they have 2 car garages, 1,735 - 2,212 sf with 3-4 bedrooms with lofts or bonus rooms. He stated all homes will have a 20 ft. driveway with 15 ft. side setbacks. He stated the pool area will have a parking lot at the front with the Mr. Moore stated NÇDOT is requiring three right turn lanes, one on Shue Road at the development, one Mr. Moore stated the sites from the eastern side to the western side on both sides of the creek have 102 feet ofelevation change. He stated there are retaining walls proposed due to this elevation change. Chairman Morton asked if the connection of Collins Road to Shue Road leads to an existing street. Mr. Moore stated it lines up with an existing street. Chairman Morton asked if street B could be moved so that the exit/entrance is not directly in front oft the house across the street. Mr. Moore stated they could shift it al little so that did not happen. Chairman Morton stated the one retaining wall that is a concern to him is the one that runs along the existing property listed as number 1, parcel number 115 104. Mr. Moore stated "Ina accordancesrith Federal lar and US Department of Agriculture, policy. this institution is prohibitedfrom discriminating on the basis of race, color, national origin, age. disabiliy. religion.. sex. familials status. sexual orientation. and reprisal. (Not all prohibited bases apply oall  Pannell with Lennar Homes with this rezoning. He introduced Matt Pannell.  200s to mid-400s with their residential product.  concerns, Collins Road extension, and impact to property value.  side of the property. He stated there is potential to connect the HWY29.  mailbox kiosk location.  on Shue Road at Porky's and one on Hwy 29 at Collins Road.  the creek feature is steep in that area and we can visit this again.  333NN Main Street, China Grove. NC: 28023 Phone(74)857-2466 I Fax(704)855-1855  programs).    Chairman Morton asked ift the developer is willing to put in the greenway. Mr. Moore stated the pool isa significant investment and he is not sure if both the greenway and pool would be feasible. He stated we Mr. Gover asked if the trees shown on this rendering are street scape trees or front yard trees. Mr. Moore stated they are front yard trees. He asked if the town is willing to have the yard trees planted on the right Chairman Morton stated none of the renderings of the homes look like they would be compliant with our requirements in that all show a prominent garage forward VS garage step back from the entrance of the home. Mr. Moore stated the garage itself is behind the 15 ft. setback and meets the requirement. Mr. Gover stated the ordinance reads that the garage is to be set back from the front façade and not a set back from the right of way. Chairman Morton stated our ordinance is designed to not make the garage door the feature on the house. Mr. Moore stated we are offering a carriage style hardware for the two car garages  will make sure the design has the ability to have a greenway in the future. ofway. Mr. Gover stated we are not willing to take on any maintenance.  to give al better appearance.  Chairman Morton opened the courtesy hearing. Rene and Doug Mercier - 715 Shue Road  Mrs. Mercier stated Mr. Moore answered al lot of her questions. She stated she is all for progression but is concerned about the traffic. She asked how large the right of way is on Shue Road. Mr. Moore stated it is a60 ft. right of way. She stated she believes 60 ft. and 70 ft. lots are al better fit and not 50 ft. lots. She is concerned with the sewer shut off valve in her front yard and access to her property if they tap into it there. Mr. Moore stated sewer will be accessed along grants creek. She asked why the greenway and pool could not be developed. Chairman Morton stated it is a monetary issue. She asked what will happened to the old log cabin located on the property. Mr. Pannell stated they will demolish the cabin and shed. Mr. Gover asked the Town Clerk to email the petition to all board members. He stated the petition is from conçerned citizens of Collins Road to voice their disapproval of the proposed extension of Collins Road  fort the following reasons:  Our loss of privacy and peaceful neighborhood. Loss ofsafety for children and pets.  Expense of replacing a home water well lost for some neighbors, or affect to our existing home The loss of pasture land and fencing, along with mature trees that provide privacy, protection from wind and dust. Along with loss of structures and storage barn. Decorative landscaping and Addition of extreme added traffic and traffic noise. The endurance of months, maybe years of construction noise, traffic and litter. Increase in the risk of crime rate which is currently near: zero. The effects on wildlife that lives in the surrounding woods. Their habit is severely being reduced. He stated they oppose the extension and connection of Collins Road to the proposed Collins Walk Community. He stated there are more than sufficient connections from Shue Road that would not affect He stated the citizens of Collins Road state the road has always been since its inception a dead-end road. He stated the families bought the land and built homes on Collins Road because of the peace, quiet and tranquility, low traffic and low crime rate in this neighborhood. He stated most families here have already experienced loss of land when the right of way was changed from 15- 30 ft. to 50 ft. right of ways, to allow for a short portion of the road tol be tarred and graveled. He stated the widening and straightening of "Inc accordance with Federal lav and US. Department af Agriculture policy. this institution is prohibited/ from discriminating on the basis of race. color. national origin. age. disabiliy. religion. sex. familial status. sexual orientation. andreprisal. (Not all prohibited bases apphy to all  wells. fencing.  Possible adverse effect on property values.  the Collins Road neighborhood.  333NN Main Street, China Grove, NC2 28023 Phome/704)87-466 I Fax(704)855-1855  programs).    Collins Road for increased traffic is going to take in far more of their land and structures they would have to give upi ift this is done; along with the possibility oflittle or no compensation for that loss. He stated the quality of outdoor life they currently enjoy will be adversely affected and not allowing for peaceful walking, bicycling and playing. He stated they feel that their children, grandchildren and pets would be at jeopardy for possible injury as a result of the increased traffic. He stated the road being widened could possibly add to the current speed limit which should be 25 MPH. He stated wildlife has already changed due to recent logging in their neighborhood, which has changed their source of food and habitat. He stated they have seen a decrease in animals they are used to seeing come through the creeks and surrounding area, and will likely never return. He stated this could be an adverse effect on property values and personal property. He stated all but one family is at retirement age, with most living on fixed income, have health concerns, and cannot afford the replacement or repairs to the loss of that personal property. Mr. Gover stated the concerned citizens urge their leaders to act now to prevent the proposed extension of Collins Road. He stated the petition is signed by fifteen residents on Collins Road and will be included in Chairman Morton recessed the courtesy hearing until Thursday, August 13", 2020 at 6:00 PM1 to allow for Mr. Moore stated Collins Road is the best way to access this property. He stated if there is another way to meet subdivision requirement by not connecting to Collins Road then we will look into that. He stated we Mr. Bivens made the motion to adjourn. Mrs. Bivens-Hager seconded the motion, which was carried  He stated they are concerned with tax values as well.  the minutes as attachment A.  the 24-hour written public comment requirement.  will need to provide a connection tot the Rhodes family for access to the development.  Adjourn unanimously. David Morton Chairman  Pamela L. Mills, CMC Town Clerk  3331 N Main Street, China Grove, NC 28023 I Phonè (704) 857-2466 1 Fax( (704)855-1855  "Inc accordance with Federal las and U.S. Department of Agriculture policy. this institution is prohibited! from discriminating on the basis of race. color. national origin. age. disabiliy. religion, sex. familials status, sexual orientation. and reprisal. (Nor all prohibited bases apply 10 all  progranis)."    TOWN: MANAGER Kenl Deal TOWN CLERK Pamela Mills TOWN ATTORNEY Tom Brooke  MAYOR Charles Seaford TOWNCOUNCIL Don Bringle Arthur Heggins Brandon Linn Rodney Phillips Steve Stroud  CHINA GROVE PLANNING BOARD MEETING  ELECTRONIC MEETING Minutes of Regular Meeting Thursday, August 13, 2020  The China Grove Planning Board met electronically on Thursday, August 13, 2020 at 6:00 PM at the  China Grove Town Hall, 333 North Main Street, China Grove, North Carolina. Planning Board Members Virtually Present: David Morton, Chairman  Butch Bivens, Vice Chairman Brie Bivens-Hager Rodney Phillips Jason Hinson Jason Higgins  Planning Board Members Absent: Natalie Morgan Staff Virtually Present: Pamela Mills, Town Clerk  Franklin Gover, Assistant Town Manager  Visitors Virtually Present: Matt Pannell, Eddie Moore, Arthur Heggins, Jimmie Childers, Christian Chairman Morton called the meeting to order at 6:00 PM. The presence ofa quorum was recognized at Mr. Gover asked to move Collins Walk to the end so that Gable Properties is first, then Center Stage, then Collins Walk. Mr. Bivens made the motion to adopt the agenda. Mr. Phillips seconded the motion, which  Jones, Steve Stroud that time. Adoption of Agenda carried unanimously. Public Comment None  Roll Call and Recognition of Quorum  2020-Z-03, 2020-CUP-03 Gable Properties - General and' Trades Contracting  Chairman Morton stated we discussed this case over on Tuesday night. He stated concerns we discussed were a buffer in the rear of the property that ift the right of way were to be opened would be lost, planting as shade tree by the parking lot, and adding a planted buffer on the left-hand side of the building between "Inc accordance with Federal lar and US. Department of Agriculture policy. this institution is prohibited! from discrimmating on the basis of race. color. national origin. age. disabilin religion. sex.) familial siatus. sexual orientation. and reprisal. (Not all prohibited bases apply 10 all  the resident next door and this property.  333N Main Street, China Grove, NC: 28023 Phone( (704)857-2466 - Fax(704)855-1855  programs).    Brie Bivens-Hager joined at 6:101 PM. No written comments were submitted. Chairman Morton closed the courtesy hearing. Statement of Consistency and Reasonableness  Chairman Morton opened the courtesy hearing and asked ifany written comments were submitted.  Mr. Phillips made ar motion that 2020-Z-03 is appropriate and necessary to meet the development needs of China Grove for the following reasons not previously envisioned by the China Grove Land Use Plan making instances ofexisting commercial development along thoroughfares more compatible with the area by meeting landscaping requirements. Furthermore, the adoption of 2020-Z-03 is deemed an amendment to the China Grove Land Use Plan and is reasonable and in the public interest based on the fact that the proposed existing commercial property is on a major thoroughfare road. Mrs. Bivens-Hager seconded the motion, upon a roll call vote Chairman Morton voted yes, Mr. Higgins voted yes, Mr. Hinson voted yes, Mr. Higgins recommended to approve the request to rezone Rowan County Tax Parcel 118A02001 and 118A021 from Suburban Residential to Highway Business Conditional Use. Mr. Phillips seconded the motion, upon a roll call vote Chairman Morton voted yes, Mr. Bivens voted yes, Mr. Hinson voted yes, Mr. Phillips recommended to approve the conditional use permit for a general contracting/ltrades contracting use without condition. Mrs. Bivens-Hager seconded the motion, upon roll call vote Mr. Bivens voted yes, Mr. Higgins voted yes, Mr. Hinson voted yes, Chairman Morton voted yes. (6-0) Chairman Morton stated we discussed this case Tuesday night. He stated the proposal is additional parking in the front and behind the building, an addition to the building and an awning added to the front Chairman Morton asked where does she plan to park the bus. Mr. Gover stated he believes the area in the back is an open space. Chairman Morton asked how tall the clearance is. Mr. Hinson stated the plan shows 16 ft. 9 inches. Chairman Morton stated the concern about the addition is it is heavy on metal material and light on masonry. He stated iti is similar to the material of the existing building. Chairman Morton opened the courtesy hearing and asked if any written comments were submitted.  Mr. Bivens voted yes. (6-0)  Mrs. Bivens-Hager voted yes. (6-0)  2020-CUP-04 Center Stage Dance Expansion  oft the existing building.  No written comments were submitted. Chairman Morton closed the courtesy hearing.  Mr. Phillips made a motion to recommend the approval of 2020-CUP-04 to allow an addition to an existing dance instruction use in the Office and Institutional District on Rowan County Tax Parcel 103 004 and recommend the approval of the spilt face block façade as a design alternative. Mr. Higgins seconded the motion, upon a roll call vote Mr. Hinson voted yes, Mr. Bivens voted yes, Mrs. Bivens-  Hager voted yes, Chairman Morton voted yes. (6-0)  3331 NN Main Street, China Grove, NC 28023 I Phone (704) 857-2466 I Fax( (704)855-1855  "In accordance iith Federal lar and U.S. Department of Agriculture policy. this institution is prohibited) from discriminating on the basis of race. color. national origin, age. disabiliy. religion. sex. familials status. sexual orientation. and reprisal. (Not all prohibited bases apply toall  programs).    2020-Z-02, 2020-CUP-02, 2020-S-01 Major Subdivision Collin's Walk  Chairman Morton stated we discussed this case Wednesday night. He stated the two parcels are currently zoned RM-CU and RS-CU and the Conditional Uses have expired. He stated the applicant wants to rezone to RM to allow for a mixture of 50 ft. and 60 ft. lots. He stated RM allows 50 ft. lots and RS allows 70 ft. lots. He stated the proposal includes an extension to and improvements of Collins Road. Chairman Morton opened the courtesy hearing and asked if any written comments were submitted.  Mr. Gover read aloud the following written comments:  Rene Mercier - 715 Shue Road Good Morning:  Just a quick follow-up to last night's zoning meeting:  Would rather have 3001 homes than 375 in order tol keep the rural feel  The "cluster" on Shue Road needs to be more spread out/in-line with the back side in order to Agreement with the petition from Collins Road: Increased traffic, crime, three years of construction vehicles, loss of country feel and wildlife, etc. However, I do not agree with the With the additional houses what are the plans for additional police, fire and rescue? Has Agree with moving the entrance further down the road to eliminate the headlights shining in homes. Whenl originally received the plans, the entrance looked as though it would be across from our home (there is currently a construction entrance directly across our driveway) and My husband and I purchased our home at 715 Shue Road two years ago. We love China Grove and the small country feel; this development would take some of this away. Shue Road Area is relatively quiet and we enjoy sitting out back enjoying our yard, playing with our dogs and Thank you for taking the time to listen to our concerns last night. Have a great day.  maintain the rural feel  entrance to the division be solely on Shue Road. China Grove taken this into consideration? Funding?  this was a concern and I understand my neighbors concern.  gardening.  Trever Efird - 1130 Shue Road  II live at 1130 Shue Road and have concerns with the large retaining wall behind my house. Is there anyway I can get a privacy fence put up for my protection as I have small children and animals?1  am concerned that this would become a hazard.  Ralph Thompson - 460 Collins Road  We do not oppose the construction of the new Collins Walk Community. We feel that the tax structure would be of great benefit to the town of China Grove. What we do oppose is the extension of Collins Road to connect to that new Community for the following reasons. We urge the board to postpone the vote of this portion of the proposal for at least one (1) week to give the town planning board members time to actually visit Collins Road. Drive your personal vehicles on Collins Road. at 20-25 mph, place cars side by side in opposite direction and notice the bad curve and just how narrow the road really is. You will see the meeting of onçoming traffic requires "Inc accordance with Federal lav and US. Department of Agriculture policy this institution is prohibited! from discriminating on the basis of race. color. national origin. age. disability. religion. sex. familials status. sexuald orientation. and reprisal. (Not all prohibited bases apply 10 all  333NN Main! Street, China Grove, NC: 28023 I Phone (704)857-2466 I Fax (704)855-1855  programs).    extreme caution and meeting a construction/delvery truck would be at best al hazard, much less a school bus which would require one vehicle to travel in the grass, tires off the road. The speed of 20- 25 mph will make the curve hard to negotiate. With the added traffic of upwards of hundreds of cars per day you will see that the road is incapable of handling that type of traffic. That brings up the need for major road improvements which addresses many of our concerns stated in our petition. You will also notice that a left-hand turn in the center lane off of north bound US 29 must cross traffic traveling at 55 mph and ifanother car is waiting to turn out of Collins Rd the entrance onto the road is difficult. We feel that far more traffic will be going south towards Kannapolis, Concord, and Charlotte for work purposes than will be going north. I, myself turn right onto US29 about 80% of the time to visit business in China Grove, most of our residents do the same. This T intersection will become a dangerous area even with a right-hand turn lane off of southbound US 29. Please notice the deep drop off of the edge of US 29 and that major construction will be required to install that turn lane. Please notice the group ofr mail boxes at the end of Collins Road, you will see how difficult it will be to retrieve our mail. Most of us pull to the left and get our mail, some stop and get out, and with the amount oftraffic that could be, well you will understand our dilemma. Feel free to use our driveways at the end of the pavement to turn around, pictures do not do justice to an actual visitation of the road and community. Again, we urge you to visit Collins Road and think about the traffic volume and the needs of improvement of this road. And the losses of personal property that we would incur! Again, we state THIS ROAD cannot handle Thank you for your time, I, we look forward to hearing from the Board and the decision you make.  that amount of traffic and our community does not want to lose our tranquility.  Mrs. Mills read aloud the following written comment:  Jimmie Childers, Jr. - zoning.  Requested action: Reject the requested special use zoning RM-CU and affirm the existing RS Reason of interest: Having family and land at 500, 502, 1950, and 2010 Shue Road the Collins Walk development will significantly impact the environment my family lives in every day. Shue road and the area is important to my family, and family members asked me to challenge the  rezoning request.  Grandparents moved to the area in 1948 Grandfather built the house at 502 Shue Rd  Asac child worked farms and gardens at 502 and 2010 Shue Rd Family estate is at 502 Shue road andi is occupied by an aunt. The estate has rental property at 500 Shue road. My wife and I own a house at 2010 Shue Rd  My parents, who have been married for 60+ years, met at Back to Bethel Camp meeting Aunt and uncle live at 1950 Shue Rd, and their farmland joins the proposed development  on Shue Rd.  parcel at Grant's Creek  Scope of the project: The development is a significant decision. Currently, China Grove population is +-4,200 people. This development will cluster an additional 1,000 to 1,500 people on a 177-acre tract of land. (Estimated residency of the development based on 370 homes with four  bedrooms and occupancy of2.65 to 4 people per house.)  333NN Man Street, China Grove, NC 28023 I Phone (704) 857-2466 I Fax(704)855-1855  "Inc accordance with Federal! lar and US. Department of Agriculure policy. this institution is prohibited) from discriminating on the basis of race. color. national orign. age. disabiliy. religion. sex. familial status. sexual orientation. and reprisal. (Not all prohibited bases apply 10a all  prograns).    Reason for request: developments in the area.  1.0 The proposed development is not consistent with the character of existing housing or 1.1 The requested approval is for a high-density development. The developer lists the average house density at 2.07 house per acre. The approach is to leverage clustering to group the housing on the parcel in a manner that minimize development cost and optimize return on their investment. Because there are sections of the property that are not practical to develop, those areas are used in the total density calculation to show a lower average density. The 50' and 60' wide lots are 1.2 Existing housing developments are lower density with larger lots. Notice the typical 100' wide lots 1.3 Consider the current Lennar development, Alexander Glen, in Rockwell, NC. Lots are larger than the proposed Colins walk development with 60 - 70 wide parcels. Before you vote, please drive through the Alexander Glen development and consider ifisi in China Grove's best interest to have ad development with a similar design yet higher density on the Shue Rdj property. 2.0 This is not a reapplication of the special zoning request that was approved in 2005. The characteristics of the 2005 request was 300 houses with lot sizes 8,500 sq,ft, 10,000 sq. ft and 20,000: sq. ft. This request is for more houses, 370, and smaller lots of 6,000 sq. ft and 7,200 sq. f. 3.0 The Colins road residents, including Mr. Collins, are opposed to the development and changing their dead-end roadi into a primary connector from US 29 into the development. 4.0 The proposed development is not compliant with the current China Grove Unified Development Ordinance. The designs shown in Lennar presentation on 8/12/2020 showed both planned series of homes offered in the development with prominent two-car garages and recessed front entrances. Conclusion: The CHINA GROVE LAND USE PLAN highlights many of the challenges faced as a community. It correctly notes "The people of China Grove know growth is coming and they want to make sure it fits in with existing development in the Town." The proposed development is extremely high-density, it doesn't fit within the existing development, and should be rejected. In rejecting the request, the developer should be challenged to partner with China Grove for  estimated to be 6000 to 7200 sq. feet, which is 7.26to6 6.05 houses per acre. for the Hickory Grove development across the street from the proposed site.  growth and mutual good by developing a RS-CU plan.  0 Increase the lot sizes.  Lower the house count to reduce the total stress on the traffic and existing neighbors. Avoid the "garage is king" look, where everyone sees your junk and understands why the vehiçle is parked outside. The UDO already addresses this. Expand and develop the greenways as part of the initial development. Work with the Collins Road neighbors and see ifthere is any acceptable option. Ifthis development team is not willing to support the existing zoning, China Grove should wait until there is a developer that shares the vision and is willing to develop a high-end community Thank you for your community service and investing a portion of your life for the good of China "Ind accordance with Federal Iar and U.S. Deparmentof Agriculture policy. this institution is prohibied from discriminating on the basis of race, color, national origin. age. disabiliry. religion. sex. familials siatus. sexual orientation. and reprisal. Nor allprohibited! bases apply 10a all  that improves the tax base, and brings the quality of life forward.  Grove.  333NN Main Street, China Grove, NC: 28023 I Phone (704)857-2466 Fax( (704)855-1855  programs).    Chairman Morton asked if there were any other written comments. Mr. Gover stated no further comments Chairman Morton stated he does not know how this development would work without the Collins Road extension. He stated one ofthe connections at Shue Road fronts in at an existing resident is a problem and from what he understands can be fix. He stated he likes the idea to have a starter greenway or a soft Mr. Moore stated in response to some items that came up last night he would like to answer some questions. He stated concerning Rene Mercier's request, we can have the road split the two parcels sO that the entrancelexit would not front her home. He stated the concerning the greenway, they are willing to incorporate a soft/natural path for the greenway. He stated concerning the garage doors, they can add carriage style hardware and windows to help it not be the main focus. He stated concerning the Mr. Hinson asked about the setbacks that are proposed. Mr. Moore stated they are proposing is a minimum of 20 ft. setbacks in the front and 10 ft. setbaçks on the side for the 50 ft. lots and a minimum of Chairman Morton stated our ordinançe states that the garage has to be setback 4 ft. from the front door. He stated the garage door is not to be the prominent feature and all the elevations shown last night were garage doors as the prominent feature. Mr. Moore stated per state statue that is not enforceable for single family homes. He stated the product that Lennar Homes offers is for a 40 ft. wide home that would fit the ordinançe requirement. He stated the product would push the starting price of the house above the market Mr. Gover stated Mr. Moore is correct about the design guidelines for single family, but this is a voluntary Conditional Use process. He stated the Planning Board can ask for different models in a Conditional Use process and ifthe applicant chooses to accept the different models then we move forward with the process. He stated if the applicant chooses to not accept it then the applicant can go back to by  were: submitted and all comments will be included in the minutes as attachment A.  greenway. Eddie Moore, Mc Adams  connection with Collins Road, they are willing to look at other options. 20 ft. setbacks in the front and 15 ft. setbacks on the side for the 60 ft. lots.  int this area.  right process and do as straight rezoning and then what he said would be true.  Chairman Morton closed the courtesy hearing.  Chairman Morton stated he does not like the garage forward look but understands developers doi it to have the space behind it for useable square footage in the house. He stated the reason we have the garage setback is to encourage pedestrian friendly developments. He stated when the entrance to the house is Chairman Morton stated Mr. Childers made a couple of comments that were correct and so did Mr. Moore. He stated the density over all on the property is 2 houses per acre. He sated the house themselves are at al higher density per acre due to clustering the lots. He stated a majority of the property is not being used because it is not buildable. He stated in the outlining residential zoning that we have we have larger lots. He stated he likes the potential for a greenway on this property. He stated he appreciates Mr. Moore considering moving Street B. He stated a majority of the houses in this proposed development are on the opposite side of the stream buffer and he does not believe this development would work if there was not a connection to Collins Road. He stated the last subdivision that was considered he supported higher density because it was closer to Hwy 29 and closer to Downtown. He stated he is concerned that higher density and smaller lots is not compatible this far down Shue Road. He stated he did visit Alexander Glen "nc accordance irith Federal law and U.S. Department of Agriculture policy. this instilution is prohibited from discriminating on the basis of race. color. national origin. age. disabilin. religion. sex. familials stalus. sexual orientation. and reprisal. (Not all prohibited bases qpply IO all  setback from the entrance for the vehicles it minimizes that.  3331 NI Main Street, China Grove, NC: 28023 Phone (704) 857-2466 I Fax(704)855-1855  programs).    in Rockwell and it looks close to being sold out. He stated he would be comfortable with a variation of 60 Mr. Hinson asked if Collins Road is a public road. Chairman Morton stated that is correct, it is a state maintain road of tar and gravel pavement. Mr. Hinson stated the concern he had with the Red Fox development was the number of lots that had a slope greater than 8 ft. He asked if we know how many lots are like that in Collins Walk. Chairman Morton stated it is hard to determine that with these site plans and the topo that is shown. He stated the retaining walls are being used to help minimize those steeper slopes. Mr. Hinson stated there are 9 or 10 retaining walls and wondered if that was the number of lots Mr. Higgins stated he knows these types of developments are coming with the interchange of I-85 and people being priced out of Cabarrus County. He stated it is shocking riding down Shue Road and seeing the density are on the left side of the street VS the right side of the street. Chairman Morton stated we are set up to have neighborhoods as part of the community. He stated this neighborhood would connect with the community due to its location. Mr. Higgins asked ifit was zoned RM and not RM-CU could the property be developed with 50 ft. lots with very little process. Chairman Morton stated yes. Chairman Morton stated he knows the Town Council denied the last proposed development near this one due to the density. Mr. Phillips stated the appliçant withdrew before the Council voted. Mr. Phillips stated he çan agree with allowing the 50 and 60 ft. lots but he does not agree with allowing the garage forward design. He stated we placed that in the ordinance for a reason and have a vision of what we want in Mr. Hinson asked what are some alternatives to the garage door forward that we could place in the conditions. Chairman Morton stated there are no conditions to place since the ordinance states the garage door has to have a 41 ft. setback from the front door. Mr. Hinson asked if the homes in Millers Grove are in compliance with the ordinance. Chairman Morton stated there are a couple that are non-compliant but for the most part is compliant. Mr. Gover stated they meet the bare minimum of the ordinance. Chairman Morton stated we try to promote an inviting front porch area for pedestrians and not just vehicular traffic. Mr. Hinson stated the density is more ofa concern for him and not the garage forward design. Mrs. Biven-Hager stated she believes the board is on the same page and would ask the Council to deny the request based on the density and the fact that it does not match are land use plan. Mr. Heggins stated he wants a neighborhood but not this high ofa a density neighborhood. Mr. Hinson stated he believes the neighborhood would be good for the community as well but would like to place conditions on the Chairman Morton stated the we cannot recommend nonacceptance with conditions but we can recommend acceptance with çonditions. He stated the conditions can be for the style of the house, buffers and density. Mr. Gover stated youl have the option to make al list of conditions and give the applicant time to amend the plans and come back to the Planning Board before going to the Town Council. Mr. Gover stated the applicant has to be prepared to agree with the conditions place at the Town Council meeting. Mr. Hinson asked if the process would be tabling it and coming back to us. Mr. Gover stated if you are recommending to deny the request then the Town Council will look at it and possibly send it back to Mr. Higgins asked ifi the proposed turn lane at the intersection of Shue Road and North Main Street would only go in ift this neighborhood was built. Chairman Morton stated from what he understands yes only if "Inc accordance with Federal lar and US. Department of Agriculture poligu this institution is prohibited from discriminating on the basis of race. color. national origin. age. disabiliy: religion. sex. amilial status. sexual orientation, and reprisal. (Not all prohibited bases apply 10 all  ft. and 701 ft. lots.  with steep slopes.  Town.  Conditional Use Permit to have it agreeable for both parties.  Planning Board.  the neighborhood was built.  3337 NI Main Street, China Grove, NC: 28023 Phone (704) 857-2466 I Fax(704)855-1855  programs).    Mr. Hinson stated a concern was the number of lots on the Shue Road side. He stated if the 50 ft. lots on Street C and D were changed to 601 ft. lots this would decrease the density a little and bring the number of lots closer to being the same. Mr. Higgins stated he would be fine with lots 1-32 being 60 ft. and leave the rest 50 ft. Chairman Morton asked why Mr. Hinson and Mr. Higgins are looking at 60 ft. lots VS 50 or 70 ft. lots. Mr. Hinson stated he was trying to increase the number of 60 ft. lots VS 50 ft. lots. Mr. Higgins stated his lot is 60 ft. and felt this was a good size lot. Mr. Hinson stated most of the lots are 60 ft. in Mr. Hinson stated he would recommend tabling the request. Mr. Phillips stated he agrees with Mr. Hinson on tabling. Chairman Morton stated what he is hearing is asking the applicant to consider adjusting the lots on Street C and Street D and compliance with the ordinance that states the garage be recessed 4 ft. from the front façade. Mr. Bivens stated he agrees with Chairman Morton on asking for a different house design with the garage recessed. He stated we should table it and see if they are willing to adjust. He stated he would like to: see al bigger lot but the garage forward is thei issue he has. Chairman Morton stated he does not want to reject iti ifthere is a way to recommend adjustments and move forward. Mr. Hinson stated 50 ft. lots are 56% of this layout. He stated we should recommend a 50/50 with lot sizes. He stated he believes this development could not work without the extension of Collins Road. He Chairman Morton stated we do not have buffering requirements for residential against residential. He stated buffering for the lots close to Shue Road is for the residents of the subdivision from the traffic. Mr. Hinson stated he would like to table and recommend the lots on Street C and D to' be changed to 60 ft. lots and recommend changing the design of the house to have the garage recessed meeting our Mr. Moore stated he would prefer having those conditions as part as moving the request to the Town Council. Mr. Phillips stated he does not believe we would need to table this for a month. He asked if amendments could be done in a week. He stated this way the Town Council could still review the request at the September meeting. Mr. Moore stated contractually Lennar has had to push back their contract with the land owner for five months. He stated the property owners may not want to sign another extension. Mr. Gover stated we can recess and cal! another meeting next week. Chairman Morton stated he agrees with Mr. Moore that this has drawn on a long time. Mr. Phillips stated he is willing to recess and give Mr.  Alexander Glen in Rockwell and the Oaks ofL Landis.  asked ifall the Board agreed with this statement. Chairman Morton agreed.  ordinance.  Moore time to adjust. Adjourn unanimously. David Morton Chairman  Chairman Morton recessed the meeting until Wednesday, August 19#,2020 at 6:00 PM.  Mr. Hinson made the motion to recess. Mr. Phillips seconded the motion, which was carried  Pamela L. Mills, CMC Town Clerk  333NN Main Street, China Grove, NC 28023 Phone (704)8 857-2466 Fax(704)855-1855  "Inc accordance with Federal lav and U.S. Department of Agriculture policy. this institution is prohibited! from discriminating on the basis of race, color. national origin. age. disabiliny religion. sex. familial status. sexual orientation. and reprisal. (Not all prohibiled bases apply 10 all  programs).    TOWNMANAGER Ken Deal TOWNO CLERK Pamelal Mills TOWNATTORNEY Tom Brooke  MAYOR Charles Seaford TOWN COUNCIL Don Bringle Arthur Heggins Brandon Linn Rodney Phillips Steve Stroud  CHINA GROVE PLANNING BOARD MEETING  ELECTRONIC MEETING Minutes of Regular Meeting Wednesday, August 19, 2020  The China Grove Planning Board met electronically on Wednesday, August 19, 2020 at 6:00 PM at the China Grove  Town Hall, 3331 North Main Street, China Grove, North Carolina. Planning Board Members Virtually Present: David Morton, Chairman  Butch Bivens, Vice Chairman Brie Bivens-Hager Jason Hinson Jason Higgins Rodney Phillips  Planning Board Members Absent: Natalie Morgan StaffVirtually Present: Pamela Mills, Town Clerk  Franklin Gover, Assistant Towni Manager  Visitors Virtually Present: Matt Pannell, Eddie Moore, Jimmie Childers  Roll Call and Recognition of Quorum  Chairman Morton called the meeting to order at 6:001 PM. The presence ofa quorum was recognized at that time. Chairman Morton stated we have received a request to postpone the decision on the Collin's Walk Development until the regular scheduled meeting in September. Mr. Gover stated we are technically opening the meeting back up and then recessing the meeting to our regular scheduled meeting. He stated we have two rezoning's to consider in September. He stated we will need to meet on the g" or 9th of September to hear those cases and then vote on all Mr. Hinson made the motion to recess the meeting until Thursday, September 10", 2020 at 7:00 PM. Mr. Bivens Mr. Bivens made the motion to recess. Mr. Hinson seconded the motion, which was carried unanimously.  20D-Z-01,2920.CUP0A, 2020-S-01 Major Subdivision Collin's Walk  three on the 10".  seconded the motion, which was carried unanimously.  Adjourn David Morton Chairman  Pamela L. Mills, CMC Town Clerk  333NN Main Street, China Grove, NC 28023 Phone (704)8 857-2466 I Fax (704)855-1855  "Ind accordance with Federal lavw and U.S. Department of Agriculture policy. this institution is prohibitedfrom discriminating on the basis of race. color. national origin, age, disability. religion. sex. amilials siatus. sexual orientation. andi reprisal (Not all prohibited bases apply voall  programs).    TOWNMANAGER Ken Deal TOWNCLERK Pamela Mills TOWNATTORNEY Tom Brooke  MAYOR Charles Seaford TOWN COUNCIL Don Bringle Arthur Heggins Brandon Linn Rodney Phillips Steve Stroud  CHINA GROVE PLANNING BOARD MEETING  ELECTRONIC MEETING Minutes of Regular Meeting Tuesday, September 8, 2020  The China Grove Planning Board met electronically on Tuesday, September 8, 2020 at 6:05 PM at the  China Grove Town Hall,333 North Main Street, China Grove, North Carolina. Planning Board Members Virtually Present: David Morton, Chairman  Butch Bivens, Vice Chairman Brie Bivens-Hager Rodney Phillips Jason Hinson Jason Higgins Natalie Morgan  Planning Board Members Absent:  Staff Virtually Present: Pamela Mills, Town Clerk  Franklin Gover, Assistant Town Manager  Visitors Virtually Present: Eddie Moore, Matt Pannell, John and. Janet Eckard, Myrna Moeller, Michelle Chairman Morton called the meeting to order at 6:00 PM. The presence of a quorum was recognized at Chairman Morton stated there isa typo on item 8 a. should read R-MH and not R-M. Mr. Phillips made the motion to adopt the agenda. Mr. Higgins seconded the motion, which carried unanimously. Mr. Phillips made the motion to approve the August 11", 12", 13+h and 19th, 2020 minutes. Mr. Bivens  Register that time. Adoption of Agenda  Roll Call: and Recognition of Quorum  Approval Corrections of Minutes seconded the motion, which carried unanimously.  Public Comment None  02D-Z-02,1020-CUP-0L, 2020-S-01 Major Subdivision Collin's Walk  333N Main Street, China Grove, NC 28023 Phone (704)857-2466 Fax(704)855-1855  "In accordance with Federal lavr and US. Department of Agriculure policy. this institution is prohbued from discriminating on the basis of race. color. national origin, age. disability. religion. sex. familial status. sexual orientation. and reprisal. Not all prohibited bases apply toall  prograns)-    Chairman Morton stated as we lefti it on August 19th, we asked the developer to come back with a revised drawing of some changes which included changing some of the 50 ft lots on Shue Road to 60 ft lots, and more options for a different type of house plans. He stated we received an email from Mr. Moore and it does not look like any changes were made since the meeting. He asked Mr. Moore if he had a changed plan. Mr. Moore stated there are no revised plans with the exception of changing the entrance from Shue Road to front between the adjacent properties. He stated he has some slides to recap everything. Chairman Morton asked ifit is any new information or just a recap. Mr. Moore stated there is no new information just reasons why we are moving forward with the same lot count and not changing lots to 60ft.  Mrs. Bivens-Hager joined the meeting at 6:11 pm.  Chairman Morton asked Mr. Moore to take a brief moment to recap. Mr. Moore stated this would be a one million dollar active amenity facility with a soft trail greenway system and the 30 ft wide product. He stated the General Assembly in 2013 passed a bill preventing zoning design and aesthetic controls for single family homes. He stated Municipalities cannot disapprove a Conditional Use Permit or a Conditional Rezoning based on the location or architectural styling of windows and doors, including garage doors. He stated Lennar is committed to carriage style door hardware for the garage doors. He stated the reason more 60 ft lots are not proposed is due to the elevation difference from east to west, and 10 onsite protected streams, floodplain, and floodway. Chairman Morton stopped Mr. Moore and stated you are not providing us with any new information. He stated all you have just discussed was said at the August meeting. He stated we understand you are trying to make your case but you' re not providing us with anything new to the site itself. He stated we understand what the houses do to the tax base, and we understand the cost of building homes have gone up. He stated the Board asked you to come back with changes and you have chosen not to make those changes. He stated we do not believe the General Statue 106D-702 applies in this case due to the fact this is a Conditional Use hearing and it is in are capability of Chairman Morton stated we are looking at the same site plan as we: saw in August and we need to make a decision based on that plan. Mr. Hinson asked what the next step would be. Chairman Morton stated it will go to the Council with a recommendation from us. He stated we can recommend to approve, approve with conditions or deny. He stated this property has an expired Conditional Use Permit on an old rezoning with no uses. He asked Mr. Gover what the original zoning was. Mr. Gover stated in 2005 there was a conditional use rezoning based on a plan that was presented with a bunch of conditions. He stated that developer had 2 years to submit a final plat but did not. He stated there is no permitted uses on this site. He stated: zoning is a legislative action and until the Town Council rezones the property and permits a use nothing can be built on the site. He stated Planning Board could make a recommendation to the Town Council to return the zoning back to the original zoning. He stated the Town has a different ordinance now and it would go to the equivalent zoning district. He stated this would make ita al large Industrial area, as small R-M area and the rest would be R-S. He stated the Board tonight needs to make a statement of consistency and reasonableness on why it is compatible or not compatible, a motion to recommend or deny the rezoning, a motion to recommend or deny the CUP with or without conditions and a motion to Chairman Morton asked if we wanted to take the zoning back to the original zoning, would we just recommend to the Town Council to revert the zoning. Mr. Gover stated upon expiration of a Conditional Mr. Phillips stated he knows we are conçerned with the number of 50 ft lots and the architectural design ofthe home. He stated he would like our Attorney to advise us on the General Statue. He stated he would like to recommend approval with conditions and see what the Town Council's views are. He stated he is "Inc accordance with Federal lar and US. Department of Agriculture polig, this institution is prohibited/ from discriminating on the basis of race, color. national origin. age. disabiliny. religion. sex. familials stalus. sexual orientation.. and reprisal. (Nor all prohibited bases appl 10 all  placing architectural restrictions on the house.  approve or deny the preliminary plat.  Use you can make the recommendation to resend itt to thei initial zoning.  333NN Main Street, China Grove, NC 28023 I Phone (704)857-2466 I Fax(704)855-1855  prograns).    not a fan of the 50 ft lots or the house design but these types of neighborhoods are selling. Mr. Bivens agrees with Mr. Phillips and is for recommending approval. Mr. Hinson asked if we could recommend approval with conditions. Mr. Gover stated you can reçommend approval with conditions; they would have to agree to those conditions at the Town Council. Mr. Higgins stated he wants to see the development on this side of town. Mrs. Bivens-Hager stated the proposed project does not meet our guidelines and does not think it should be approved. She stated if they are willing to make the changes Mrs. Bivens-Hager made a motion that 2020-Z-02 is appropriate and necessary to meet the development needs of China Grove for the following reasons not previously envisioned by the China Grove Land Use Plan because oft the proximity to Hwy 29 and commercial development, the site has connectivity to sewer and water, and the topographic challenges to the site. Furthermore, the adoption of 2020-Z-02 is deemed an amendment to the China Grove Land Use Lan and is reasonable and in the public interest based on the fact the proposed subdivision has a similar gross density of less than 3 units per acre to the Suburban Residential zoning district. Mr. Phillips seconded the motion, upon a roll call vote Chairman Morton Mrs. Bivens-Hager recommended to approve the request to rezone Rowan County Tax Parcel 115 169 & 114 007 from Suburban Residential and Mixed Residential Conditional Use districts to a new Mixed Residential Conditional Use district. Mr. Hinson seconded the motion, upon a roll call vote Mr. Bivens voted yes, Mr. Hinson voted yes, Mrs. Bivens-Hager voted yes, Chairman Morton Mr. Phillips recommended to approve of 2020-CUP-02 the request for a Conditional Use permit for aN Major Subdivision in the Mixed Residential zoning district; with the conditions the realignment of the first entrance to slit the adjacent properties, that lots 1-34 along Shue Road be changed from 50 ft to 60 ft lots, design and implementation of pool and greenway, architectural design to meet the UDO. Mr. Hinson seconded the motion, upon roll call vote Mr. Bivens voted yes, Mr. Higgins voted yes, Mrs. Mrs. Bivens-Hager recommended to approve the Collin's Walk Preliminary Plat 2020-S-01 with the conditions above. Mr. Phillips seconded the motion, upon roll call vote Mr. Bivens voted yes, Please Note: Due to the current State of Emergency no Board action on public hearing items will occur if a virtual meeting is used to conduct the public hearing. The item will be continued and the public will have 24 hours from the end of the meeting to provide comments on the public hearing item. Mr. Gover stated the applicant, Rick Register is requesting a zoning map amendment on Rowan County Tax Parcel 117 210 from Manufactured Home Residential to the Neighborhood Center. He stated the address is 165 Shue Road and is .43 acres. He stated the property is currently vacant and historically a single section manufactured home occupied the property. He stated the parcel fronts Shue Road and is in the vicinity ofMain Street. He stated RS zoning is to the Northeast, HB is along Hwy 29, and a small area of R-MH. He stated the parcel is located in the Neighborhood Residential future land use category of the China Grove Land Use Plan. He stated if approved this would change the future land category to Neighborhood Center and is ideal for this parcel. He stated the goal of  recommended then she would be for the project. Statement of Consistency and Reasonableness  voted yes, Mr. Higgins voted yes, Mr. Hinson voted yes, Mr. Bivens voted yes. (6-0)  voted no. (5-1)  Bivens-Hager voted yes, Chairman Morton voted yes. (6-0)  Mr. Higgins voted yes, Mr. Hinson voted yes, Chairman Morton voted yes. (6-0)  Courtesy Hearings  2020-Z-04 Manufactured Home Residential to Neighborhood Center  Neighborhood Center is to provide  333NN Main Street, China Grove, NC 28023 I Phone (704) 857-2466 I Fax(704)855-1855  "Inc accordance with Federal lar and U.S. Depariment ofA Agriculture policy. this institution is prohibited) from discriminating on the basis of race, color. national origin. age. disability. religion, sex, familial status. sexual orientation. and reprisal. (Nor all prohibited bases apply 10 all  prograns)."    walkability services and restaurants to neighborhoods. He stated Shue Road has an estimated capacity of  2,400 daily trips, and North Main Street has an estimate capacity of 10,700 trips a day.  Chairman Morton opened the courtesy hearing.  No written comments were submitted before the meeting and no comments from the public were made Mr. Hinson stated he has no questions or concerns. Mrs. Bivens-Hager stated she has no questions or Chairman Morton recessed the courtesy hearing until Thursday, September 10th, 2020 at 6:00 PM to Mr. Gover stated the applicant, John and. Janet Eckard is requesting a zoning map amendment on Rowan County Tax Parcels 128A013 and 128 095 from Suburban Residential to Residential Manufactured Home. He stated the properties are currently vacant and the parcels are split by John Street. He stated the smaller portions of these parcels are within the regulatory floodplain. He stated areas like this occur when there is no base flood elevation established. He stated developing these small portions are not practical. He stated there are some existing manufactured homes in the area closer to Hwy 29. He stated the property is located in the Rural Residential future land use category of the China Grove Land Use Plan. He stated the Rural Residential category is typical for the ETJ area. He stated the Suburban Residential or Rural Preservation districts are seen compatible with this area. He stated the R-MH district does allow single family homes or manufactured homes on individual lots. He stated the ordinançe is a little unclear on the R-MH district. He stated the R-MH district is designed to allow proper location and planning of attractive manufactured homes. He stated the description of the R-MH district states all manufactured homes shall be located within a manufactured home development. He stated within the same chapter of the UDO it talks about allowing multi-sectional manufactured homes on individual lots. He stated we do have special requirements which are masonry under pinning with towing apparatus removed and a front porch. He stated if approved this would be subject to Rowan County Environmental Health standards due Chairman Morton asked ifthe lots are large enough to place a single family or manufactured home on the lot. Mr. Gover stated yes, the reason for the rezoning is to allow for a manufactured home. Mr. Phillips asked if each lot would have to be half an acre. Mr. Gover stated due to the septic system repair area the lots need to be half an acre. He stated you have to have a 100% repair area. Mr. Phillips asked ifa maximum of5 manufactured homes. Mr. Gover stated only one home could be on a parcel and there are  during the meeting.  comments. Mr. Phillips stated he has no comments or concerns. allow for the 24-hour written public comment requirement. 2020-Z-05 Suburban Residential to Manufactured Home Residential  tot the septic systems and required repair areas.  two lots.  Chairman Morton opened the courtesy hearing. No written comments were submitted before the meeting.  John and Janet Eckard Mrs. Eckard stated they only want to plaçe two doublewides on the three acres. She stated she is in agreeance of removing the tongue and adding brick and a porch. She stated they have no interest in using the small portions on the opposite side of. John Street. She stated she is interested in  purchasing the land but only if the rezoning goes through. Mr. Hinson stated he has no conçerns or comments.  3331 N Main Street, China Grove, NC: 28023 Phone (704)8 857-2466 I Fax(704)855-1855  "Inc accordance with Federal lar and US. Department ofA Agriculture policy. this institution is prohibited) from discriminating on the basis of race. color. national origin. age. disabiliy. religion. SEX. familial status. sexual orientation.. and reprisal. (Not all prohibited bases apply 10 all  programs).    Chairman Morton recessed the courtesy hearing until Thursday, September 10", 2020 at 6:00 PM to allow Mr. Gover stated there are several properties between West Ketchie Street and Park Street that have a portion of their properties zoned Central Business. He stated the properties are Rowan County Tax Parcels 102 074, 102 218, 102 061, 102 062, 102 063, 102 220, and 102 075. He stated the Town is requesting a zoning map amendment to rezone these portions from Central Business to Town Residential. He stated these portions are directly behind Town Hall. He stated the properties are all developed with single family uses and their accessory uses. He stated talking to one of the neighbors she stated there were several gardens in the area. He stated the properties are located in the Neighborhood Residential future land use category of the China Grove Land Use Plan. He stated the Town Residential zoning district is compatible with the Neighborhood Residential category. He stated if approved this would allow the Chairman Morton stated he spoke with a previous Mayor and he said the Town owned these portions at some time. He stated it could have been a water tower, pump station, or alley way at some point. He  for the 24-hour written public comment requirement. 2020-Z-06 Central Business to' Town Residential  subject parcels to place accessary structures in their rear yards.  stated he also had heard it was a garden area. Chairman Morton opened the courtesy hearing.  No written comments were submitted before the meeting and no comments from the public were made Chairman Morton recessed the courtesy hearing until Thursday, September 10th, 2020 at 6:00 PM to Mr. Hinson made the motion to recess until September 10*, 2020. Mrs. Bivens-Hager seconded the  during the meeting.  allow for the 24-hour written public comment requirement.  Adjourn  motion, which was carried unanimously.  David Morton Chairman  Pamela L. Mills, CMC Town Clerk  333 NI Main Street, China Grove, NC: 28023 I Phone (704) 857-2466 L Fax (704)855-1855  "Inc accordance with Federal law and US. Department ofA Agriculture policy. this institution is prohibited from discriminating on the basis of race. color. national origin. age. disabiliy. religion. sex. familial stalus. sexual orientation. and reprisal. (Not all prohibited bases apply 10 all  programs).    TOWN; MANAGER Ken Deal TOWNCLERK Pamelal Mills TOWNATTORNEY Tom Brooke  MAYOR Charles Seaford TOWN COUNCIL Don Bringle Arthur Heggins BrandonLinn Rodney Phillips Steve Stroud  TOWN OF CHINA GROVE Town Council Meeting October 6th, 2020  TO: FROM: DATE:  Mayor Seaford and Town Council Members Franklin Gover, Assistant Town Manager  September 29th,2020  SUBJECT: Staff Report - 2020-Z-04 Manufactured Home Residential (R-MH) to  Neighborhood Center (N-C) A. Suggested Actions for Town Council 1. Receive Staff Report 2. Conduct Public Hearing 3. Board Discussion  4. Develop and Adopt a statement of consistency and reasonableness 5. Motion to Approve/deny/table the request to rezone Rowan County Tax Parcel 117210 from Manufactured. Home (R-MH) to Neighborhood Center (N-C)  B. Basic Information Applicant/Property Owner: Physical Address: Zoning District: Area: Rowan County Parcel Number: C.B Background  Rick Register 1309 N. Main Street China Grove, NC 165 Shue Rd R-MH to N-C .43 acres 117210  Rick Register is requesting a zoning map amendment to the Neighborhood Center zoning district. This is a straight rezoning and Town Council shall consider all uses permitted within the N-C district. The property is currently vacant. Historically, a single-section manufactured home  has occupied the property.  3331 NI Main Street, China Grove, NÇ 28023 I Phone (704)857-2466 Fax(704)855-1855  "Inc accordance with Federal lar and us. Department of Agriculture policy. this institution is prohibited) from discriminating on the basis of race. color. national origin. age. disabiliy. religion. sex.) familial slatus. sexual orientation. and reprisal. (Not all, prohibited bases apply toall  programs).    D. Staff Comments  1.Relationshipi with any plans and policies.  Neighborhood Centers act as the public/commercia focal point within one or more neighborhoods that provides ai mix of commercial, office, institutional, and residential uses at the neighborhood scale. The development should be designed to complement the surrounding neighborhood, while offering a corner store for the residents. Neighborhood Centers should be primarily located at the intersection ofmajor roads, but. should encompass just one quadrant of the intersection. The goal of opportunity to shop for everyday items close t0 home. The  the Neighborhood Center is to offer local residents an Future Land Use Map development should be designed to include one and two story structures that are close to the street and built at the pedestrian scale. Automobile and pedestrian connections should be Plans- According to the China Grove Land Use Plan this property is located in the Neighborhood Residential future land use category which surrounds the central business district. This map amendment, upon approval, would change the future land category to Neighborhood Center. The Neighborhood Center future land use category promotes retail and service uses which are accessible to the surrounding residents. The Neighborhood Center Future Land Use category is  provided to. surrounding developments.  an ideal change for this parcel.  2. Consistency with the requested zoning districts purpose and intent  Neighborhood Center district- The N-C district is intended primarily. for local centers designed to serve relatively small trading areas in developed or developing portions ofChina Grove. Incentive is given to encourage. mixed use development. As a resull, the list of commercial establishments allowed in this district is more limited than in other districts. The standards for these areas are designed to promote sound, permanent mixed-use development and to serve surrounding residential areas. All N-Cdistricts. shall be a minimum oft three (3) acres and a The subject parcel fronts Shue Rd in the vicinity of Main Street. Key intersections within residential neighborhoods should be developed with a mixture of land uses which serve the 3. Compatibility of all uses within the proposed district classification with other properties Compatibilityofuses The subject parcel is within the Manufactured Home Residential zoning district. The R-MH district allows fora a mixture of residential uses. A change to the  maximum of 50 acres.  residents and facilitates walkability. and conditions in the vicinity  333NI Main! Street, China Grove. NC: 28023 I Phone (704)857-2466 Fax(704)855-1855  "Inc accordance with Federal law and us. Department of Agriculture policy. this institution is prohibited from discriminating on the basis of race. color. national origin. age. disabiliny: religion. sex. familial siatus. sexual orientation. and reprisal. (Nor all prohibited bases apply I0 all  programs).    Neighborhood Center district will allow a variety ofservice and retail uses. The N-C district allows a mixture of residential uses and limits retail uses to 5,000 sq. ft. by right.  Conditions in the vicinity (see GIS map): North: Residential Uses South: Porky's and Main Street East: Retail and Service Uses  West: Residential Uses and vacant/wooded areas  4.1 Potential impacts on facilities such as roads, utilities, and schools  Roads: The subject parcel fronts Shue Rd, 2,400 AADT, capaçity 9,200 and isi in near the intersection of Shue Rd and Main Street which is major thoroughfare road with 11,500 average annual daily trips in 2018 with an estimated capacity of 10,700 trips daily according to the CTP  Index.  Schools and Utilities: The property is served by public water and sewer.  Other: N/A 5. Procedures  The Planning Board 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.  See enclosed worksheets for statement development.  F.S September Planning Board following statement:  The Planning Board Voted unanimously to recommend approval ofthis request based on the  Statement of Consistency and Reasonableness  "2020-Z-04 is appropriate and necessary to meet the development needs of China Grove for the following reasons not previously envisioned. by the China Grove Land Use Plan because it is consistent with the adjacent properly. Furthermore, the adoption of2020-Z-04 is deemed an amendment to the China Grove Land Use Plan and is reasonable and in the public interest based on the following facts that it is located near an intersection of Main Street and Hwy 29 and would provide automobile and pedestrian connections to the surrounding area. "  G.A Attachments  1. Application 2. GIS Maps  3331 NI Main Street, China Grove, NC: 28023 Phone (704)8 857-2466 - Fax(704)855-1855  "Inc accordance with Federal lavr and U.S. Deparment ofA Agriculture policy: this institution is prohibited) from discriminating on the basis of race. color. national origin, age, disabiliry. religion. sex. familials status. sexual orientation. and reprisal. (Not all prohibited bases apply loall  programs)-    pd.ayzo  TOWN OF CHINA GROVE 333 N. Main Street China Grove, NC: 28023 704-857-2466 704-855-1855 Land Development Application - Rezoning  Case# 2020-Z-04  Receipt#  Project Information Name of Project  Date of Application 7of20g0 Parcel Number(s). I-20 Current Zoning District RMK Overlay District(s), Contact Information, Gorkys BorBQ Applicant/ Address Grete Nc. LLC. City, State Zip Code Telephone Email address Signature  RBBO RlgktEypinion  RAARAnaA Property Size  Proposed Zoning District N-C  1308AMain SdMbMeNCL  Property Owner Address MAL, 28023 City, State Zip Code Telephone Emailaddress Signature (requi  430507 Maik StGhe Chine Grove  17oNMe StChia brose 204- 202-032Z  725043, 781-202-0372 Amahlampace  Cqpa  2  Statement of Consistency  Please explain how this request is consistent with adopted Town plans and the surrounding area. Groti2t ia Aren peedig port packiag  Page lof2    Meeting Dates  Planning Board Meeting Date: September 8th and 10th 2020 Planning Board Decision: Recommended Approval Town Board Meeting Date: October 6th, 2020  Town Board Decision:  AA  3  Page2of2    9x19'  KETNS  A  LN  SHUE ROAD 50' RIGHT OFAr  OPTION 2  PREUMNARY NOT FOR COMSmuCnON PORAYS RESTURANT SITE PLAN  ÇONSULTING SHEET EAEAMEEAS BOAD.    Subject Parcel  1405  1309  Legend  2020-Z-04; Register R-MH to N-C  RM RMH RT 2020_Z_05  China Grove Zoning  HB NC  0 25 50  100 Feet  Current Time: 9/2/20203:15F PM    TOWNMANAGER 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  TOWN OF CHINA GROVE Town Council Meeting October 6", 2020  TO: FROM: DATE: Residential (R-MH)  Mayor Seaford and China Grove Town Council Members Franklin Gover, Assistant Town Manager  September 30, 2020  SUBJECT: Staff Report - 2020-Z-05 Suburban Residential (R-S) to Manufactured Home  A. Suggested Actions for Town Council 1. Receive Staff Report 2. Conduct Public Hearing 3. Board Discussion  4. Motion to Adopt a statement of consistency and reasonableness  5. Motion to Approve/deny/table the request to rezone Rowan County Tax Parcels 128A013 and 128 095 from Suburban Residential (R-S) to. Residential Manufactured Home (R-  MH) B. Basic Information Applicant: Property Owner: Physical Address: Zoning District: Area: Rowan County Parcel Number: C.B Background  John and. Janet Eckard Eugene Harris 529 West Side Circle China Grove, NC 0. John Street Current: R-S Proposed: R-MH 2.07 acres and .79 acres 128A013 and 128095  John and. Janet Eckard are requesting a zoning map amendment to the Manufactured Home Residential zoning district. This is a straight rezoning and Town Council shall consider all uses permitted within the R-MH district. The property is currently vacant. The subject parcels are split by John Street. The smaller "remnant" portions of these parcels are within regulatory floodplain  without an identified Base Flood Elevation.  3331 NMain Street, China Grove, NC 28023 I Phone (704) 857-2466 11 Fax( (704)855-1855  "In 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 status, sexual orientation. and reprisal. (Not all prohibitedb bases apply to all  programs).    D. Staff Comments  1.R 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 of the rural character and preserve open. space. Plans- According to the China Grove Land Use Plan this property zoning districts are seen as compatible with this area.  RVNL  Future Land Use Map  is located int the Rural Residential future land use category. The Rural Residential category typical for the ETJ areas just outside of town. The Suburban Residential or Rural Preservation  2.0 Consistency with the requested zoning districts purpose and intent  The R-MH district is established in order to provide for the proper location and planning of attractive manufactured home developments. Development standards andi requirements are included. For the purpose ofoccupancy, all manufactured homes, mobile homes, and trailers shall be located within a manufactured home development within the R-MH district. While the description of the district eludes to all new manufactured homes being place inj parks ofdevelopments the Table of Permitted and Conditional Uses permits manufactured homes on individual lots. Section 4.17 establishes special requirements for manufactured homes on individual lots including prohibiting single section manufactured homes. The R-MH district also allows single family residential uses, and duplexes. The R-MH districts intent is to establish development standards for areas identified as compatible with manufactured home developments. The subject parcels total 2.86 acres. Which is smaller than the required 5 acre 3.C Compatibility of all uses within the proposed district classification with other properties Compatibility ofuses- The subject parcel is within the Suburban Residential (R-S)zoning district. The R-S district allows for single family residential uses. Section 3.6.3 establishes the dimensional requirements for the R-MH district. The R-MH district allows a minimum lot width of60 feet at a density of5 5 units an acre. The lot width and lot size may not be seen as compatible with the area. There are no existing manufactured home developments in the area. "Inc accordance with Federal law and uUS. Deparmment af Agriculture policy. this institution is prohibiled) from discriminating on the basis of race. color. national origin. age. disability. religion.. sex. familials sialus. sexual orientation. and reprisal. (Not all prohibited bases apply 10 all  minimum for Manufactured Home Parks. and conditions in the vicinity  333NN Main Street, China Grove, NC: 28023 1 Phone (704)857-2466 Fax(704)855-1855  programs).    The Ervin Loop neighborhood just east of the subject parcels is developed with single family homes. There is an existing multi-sectional manufactured home approximately 700 ft. northwest oft the subject parcels. Single family residential is the predominant land use in the area. The two  existing single section manufactured homes are 1950's-1960's style homes.  Conditions in the vicinity (see GIS map): South: Pine Ridge Rd and Single Family Uses East: Residential Uses with Rural Occupations West: Vacant Land and Light Industrial Zoning  North: Vacant Land  4. Potential impacts on facilities such as roads, utilities, and schools Roads: John Street has an average annual daily traffic count of 180. Schools and Utilities: The property is served by private well and septic.  Other: N/A 5. Procedures  The Planning Board 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 oft the decision is also necessary.  See ençlosed worksheets for statement development. F. September Planning Board Meetings  The China Grove Planning Board voted unanimously to recommend approval based on the  following statement:  Statement of Consistency and Reasonableness  "2020-Z-05 is appropriate and necessary to meet the development needs of China Grove for the following reasons not previously envisioned by the China Grove Land Use Plan because it is consistent with the Rural Residential, future land use category being a single manufactured. home on individual lots. Furthermore, the adoption of 2020-Z-05 is deemed an amendment to the China Grove Land Use Plan and is reasonable and in the public interest based on the following fact the design would preserve the. existing rural character and offer larger lots. *  G.Attachments 1.  Application 2. GIS Maps 3. Consistency Worksheet  333NMain! Street, China Grove, NC 28023 Phone (704)857-2466 Fax(704)855-1855  "Inc accordance with Federal lar and US. Department ofA Agriculture poligy. this institution is prohibited! from discriminating on the basis of race. color. national origin. age. disabiliy. religion. sex. familials sialus. sexual orientation. and reprisal. (Not all prohibited bases apply voall  programs).    TOWN OF CHINAGROVE 333N. Main Street: China Grove,NC28023 704-857-2466- 704-855-1855 Land Development Appleation-Rezoning  Case#  Receipt#  Project Information Date of Application Aug. 14, 2020 Name of Project Rezoning of property Parcel Number(s). 128A013 Address OJohn Street Current Zoning District R-M Overlay District(s). Contact Information John DI Eckard Applicant 1130 Dial Street Address Kannapolis, NC: 28083 City, State Zip Code 704-361-3918 - Cell Telephone ohnedkanss@ymakcom Email address ohmbEckond ignature  Property Size_ 2.07 acres  Proposed Zoning District R-Por Boardr recommendation - RMH  Harris Eugene Cannon & WF Mary W Property Owner 529 Westside Circle Address China Grove, NC: 28023 City, State Zip Code 007-857-7870 Telephone VlA Email address LupciwB Signatire (required) Mens WNaus  Statement of Consistency  Please explain how this request is consistent with adopted Town plans and the surrounding area. Thls property is currently classifled as zone R-M. There Is al large lot beside ofit this property that isf farmland, then another lot (128 015) that already has a doublewide oni it. We would grade the land, brick underpin the home and follow the guidelines listed under the Town of China Grove  Unified Development Ordinance Chapter Section 4.17  Page 1of2    Meeting Dates  Planning Board Meeting Date: September 8th and 10th, 2020 Planning Board Decision: Recommended Approval Town Board Meeting Date: October 6th, 2020  Town Board Decision:  Page 2of2    John D. Eckard 1130 Dial Street Kannapolis, NC28083 chnecar4ssegmal.com Ph:704-361-3918 Town of China Grove c/o Franklin Gover 333 N Main St China Grove, NC: 28023 August 17, 2020 Dear Mr. Gover,  My wife and Iwould like to purchase property in China Grove located at 0J John Street. This property is currently zoned as R-M. We are requesting the town to review this proposal to rezone this property so that we can put two double wide homes on the property. Our goal is to We understand that the homes are required to have brick foundations and must sit parallel with the road. We also understand the porch requirements. If this area is rezoned and we are allowed to place the two double-wide homes on the property we will make it look nice. Our goal would be to have zero negative impact to the existing neighborhood.  create rental property for ourselves that is close to our home.  When reviewing our request, please consider there is already two single trailers and a double wide trailer in less than a mile on the same road as this property as shown in attached pictures.  Please feel free to contact me at my mobile number 704-361-3918 to discuss.  Sincerely, John Eckard hnt  DEckand        Farmland is adjacent to the property that we hope to develop then a doublewide is around the corner from this lot. Two other single trailersare  located on the same street.  0 B        o B    PMERDLERO  2020-Z-05; Eckard R-S to R-MH  Legend  China Grove Zoning  LI RM RS  50100 200 -  Current Time: 9/2/20203 3:59PM  Feet    TOWNI MANAGER Ken Deal TOWNCLERK Pamela Mills TOWNATTORNEY Tom Brooke  MAYOR Charles Seaford TOWN COUNCIL Don Bringle Arthur Heggins Brandon Linn Rodney Phillips Steve Stroud  TOWN OF CHINA GROVE Town Council October 61h,2020  TO: FROM: DATE:  Mayor Seaford and China Grove Town Council Members Franklin Gover, Assistant Town Manager  September 30, 2020  SUBJECT: StaffReport- 2020-Z-06 Central Business (C-B) to Town Residential (R-T)  A. Suggested Actions for Town Council 1. Receive Staff Report 2. Conduct Public Hearing 3. Board Discussion  4. Adopt a statement ofconsistency and reasonableness Business (C-B) to Town Residential (R-T)  5. Motion to Approve/deny/table the request to rezone portions ofRowan County Tax Parcels 102 074, 102218, 1020 061, 1020 062, 102 063, 102:220, 102075 from Central  B.I Basic Information Appliçant: Town of China Grove Property Owners:  Parcel Property Owner 102074 Glenn Miller 102218 Town ofChina Grove 102061 Joyce Miles 102062 Harry Cook 102.063 Charlie Burchette 102220 Vickie Jennings 102075 Omar Abdul-Hadi  ID  333 NI Main Street, China Grove, NC 28023 Phone (704)857-2466 Fax(704)855-1855  "Inc accordance with Federal law and US. Department ofA Agriculture policy. this institution Is prohibited) from discriminating on the basis of race. color, national origin. age. disability. religion. sex. familials status. sexual orientation. and reprisal. (Nor all prohibited bases apph 10 all  programs).    C.B Background  The Town of China Grove ist requesting a zoning map amendment to rezone portions of properties between W. Ketchie Street and Park Street from Central Business (C-B) to the surrounding Town Residential zoning district. This is a straight rezoning and' Town Council shall consider all uses permitted within the R-T district. The properties are all developed with single family uses and their accessory uses. The R-T district is more appropriate for these properties.  D. Staff Comments  1. Relationship with any plans and policies. Neighborhood Residential signifies the residential areas of the Town that are the most dense and closest in proximity to commercial areas and major thoroughfares. An example of a Neighborhood Residential district can be found surrounding the Town Center. The district is characterized by its variety ofresidential types including single-family homes and town houses. The district includes small neighborhood or "pocke!" parks that service the needs of local residents. Design of these  TANST NBD  Future Land Use Map  developments should emphasize smaller lots, building placement close to the street, interconnectivity between neighborhoods, sidewalks, and. street trees. The goal of this district is to create a sense of place and a pedestrian friendly atmosphere at a higher density. Plans- According to the China Grove Land Use Plan this property is located in the Neighborhood Residential future land use category which surrounds the central business district. The Town Residential (R-T)zoning district is compatible with the Neighborhood Residential category.  2. Consistency with the requested zoning districts purpose and intent  The R-TTown Residential District is intended for more established residential areas within the Town primarily for medium density single-family residential along with their customary The subject parcels are developed with single family homes. The rezoning area includes interior 3. Compatibility of all uses within the proposed district classification with other properties Compatibilitvyofuses The subject parcels contain existing single family homes. The rezoning  accessory uses. portions of parcels.  and conditions in the vicinity  area will join a large existing Town Residential district.  333NN Main Street, China Grove, NC: 28023 I Phone (704)857-2466 1 Fax (704)855-1855  "Inc accordance with Federal lav and US Depariment ofAgriculture 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. (Not all prohibited bases apply oall  prograns).    Conditions in the vicinity (see GISmap)- North: Residential Uses South: Main Street Corridor East: Residential Uses West: Residential Uses  4. Potential impacts on facilities such as roads, utilities, and schools  Roads: N/A Schools and Utilities: N/A Other: N/A 5. Procedures  The Planning Board 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.  See enclosed worksheets for statement development.  F.S September Planning Board  "2020-Z-06 is appropriate and necessary to meet the development needs of China Grove for the following reasons not previously envisioned by the China Grove Land Use Plan due t0 the fact this would) join a large existing Town Residential district. Furthermore, the adoption of 2020-Z- 06 is deemed an amendment to the China Grove Land Use Plan and is reasonable and in the public interes! based on the following, fact that the properties are developed with single family  homes. " G. Attachments  1. Application 2. GIS Maps  3331 N Main Street, China Grove, NC 28023 1 Phone (704) 857-2466 Fax(704)855-1855  "Inc accordance with! Federal lard and US. Department of Agriculture policy. this institution is prohibited) from discrimtinating on the basis of race. color, national origin, age. disability. religion.. sex.) familial stalus. sexual orientation. and reprisal, (Not all prohibited bases apply 10 all  programs).    TOWN OF CHINA GROVE 333 N. Main Street- China Grove, NC 28023 704-857-2466 704-855-1855 Land Development Application- - Rezoning  CAse!30RO-2-06 Receipt# N!A  Project Information Date of Application 80/30 Name of Project Map_Aamplaant Address Behio 7owm Hall Current Zoning District Overlay District(s). N/A Contact Information Applicant Address, City, State Zip Code 857-2446 Telephone Emala Signature  Parcel Number(s). 02- Pnels 04,218,06 062,065,270.02  Property Size 2.48 Proposed Zoning District R-T  LB  Tamaaf Chine brove 383N.Mela Stret Chne Grery NCI8R3  Mliple Property Owner Address City, State Zip Code Telephone Email address Signature (required)  fpmethngmsey, E  Statement of Consistency  Please explain how this request is consistent with adopted Town plans and the surrounding area. This amendeill los Cesiderts of the tabject paak ta phce aoessey Stretucs Hheic cocyach. The aufrenf Zonisg hos'ts fpeshsbet  panek  Page 1of2    Meeting Dates  Planning Board Meeting Date: Sephlb,80 Planning Board Decision: Recommend Approval  Town Board Meeting Date: Qtbec6.20  Town Board Decision:    -  Page 2of2    Parcels  333,  China Grove Zoning  2020-Z-06; Town of China Grove C-BtoR-T  CB LI RM RT  0 50 100  200 Feet  Current Time: 9/2/20204:05PM    TOWNI MANAGER Ken Deal TOWN CLERK Pamela Mills TOWN ATTORNEY Toml Brooke  CHI  MAYOR Charles Seaford TOWN COUNCIL Don Bringle Arthur Heggins Brandon! Linn Rodney Phillips Steve Stroud  TOWN OF CHINA GROVE  RESOLUTION DIRECTING THE TOWN CLERK TOINVESTIGATE THESUFFICIENCY OF A PETITION FOR ANNEXATION PURSUANT WHEREAS, a petition was received on September 15, 2020, requesting annexation of a contiguous area described in said petition as the Byrne Properties, Inc., property located at 1625 NC Highway 152 W, China Grove, NC 28023, consisting of .69 acres, be annexed into the Town  TONCGS160A-31  of China Grove. (Rowan County Tax Parcel 119006) Metes and Bounds Property Description:  Beginning at a nail and cap in the center of NC Highway 152, said beginning point being 232.19 feet from a nail and cap in the center of the western intersection of NC Highway 152 and Stirewalt Road (S.R. 1419), and running thence two lines through the property of Butner as follows: (1) South 04 deg. 04 min. 29 sec. East 200.04 feet to a new iron pin, and (2) South 81 deg. 20 min. 12 sec. West 150.52 feet to a new iron pin in the line of Charlie Morgan which property is further described in Deed Book 456, page 589, and running thence with the Morgan line North 03 deg. 55 min. 00 sec. West 199.69 feet to a nail and cap in the center of NC Highway 152; thence two lines with the center of NC Highway 152 as follows: (1) North 81 deg. 20 min. 12 sec. East 129.15 feet to a nail and cap and (2) North 80 deg. 15 min. 42 sec. East 84.71 feet to the point of BEGINNING, and being Lot No. 1, containing .686 acre, as shown on WHEREAS, said Petition has been received by the Town Council of the Town of China Grove, WHEREAS, G.S. 160A-31 provides that the sufficiency of petition shall be investigated by the WHEREAS, the Town Council of the Town of China Grove deems it advisable to proceed in NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of China Grove "Inc accordunce with Federall law and U.S. DeparmentefA Agriculure policy, this institution is prohibuted, from discriminating on the basis of race, color. national origin, age. disability. religion. sex. familial. status, sexual orientation. and reprisal. (Not all! prohibited bases apply to all  the map and survey of Donald J. Moore, R.L.S., dated October 28, 1993.  North Carolina: and  Town Clerk before further annexation proceedings may take place; and  response to this request for annexation;  that:  3331 NI Main Street. China Grove. NC: 28023 I Phone (704)857-2466 IFax (704)855-1855  programs)."    Section 1. The Town Clerk is hereby directed to investigate the sufficiency of the above described petition and to certify as soon as possible to the Town Council the result of their  investigation.  Section 2. This Resolution shall become effective upon its adoption and approval.  Adopted and approved this the 6th day of October, 2020.  Mayor  ATTEST:  Town Clerk  333NMain Street, China Grove. NC: 28023 I Phone (704)857-2466 I Fax (704)855-1855  "h accordance with Federal lav and U.S. Department of Agriculture policy. thisi institution is prohibited from discriminating on the basis of ruce, color, national origin. uge, disability, religion, sex, familial status, sexuul orientation, and reprisal. (Not all prohibited buses apply to all  programs)."    September 15, 2020  To: The Governing Board of the Town of China Grove.  We the undersigned owners of real property respectfully request that the area described The area to be annexed is contiguous to the Town of China Grove and the boundaries of  below be annexed to the Town of China Grove.  such territory are as follows: Parcel ID- 119-006 (See attachment #1)  Address - 1625 NC Highway 152 W., China Grove, NC 28023.  We also own 280 and 286 Stirewalt Road which border 1625 NC Highway 152, W. Both of  these properties are in the Town of China Grove.  Please see the attached deed and survey for metes and bounds description and  boundary survey. (Attachments #2 and #3)  We appreciate your consideration.  st yhy Scott J. Byrne Byrne Properties, Inc.    Page 1of3 119 006  Type: CONSOLIDATED REAL PROPERTY Recorded: 3/29/2017 2:16:07 PM Feo Amt: $131.00 Page 1of3 Revenue Tax: $105.00 Rowan, NC J.E. Brindie Register ofDeeds BK1287 PG 248  ISTAR SUIN L/IN CIETARTTINY Rowan County Assessor'sOfrice  69  #2  NORTH CAROLINA GENERAL WARRANTYDEED  Excise Tax: $105.00 Tax Mapl No.  Recording Time, Book and] Page Parcel #119-006  Mail after recordingto: Kevin C. Link, 1 Buffalo Ave. NW, #3305, Concord, NC: 28025  This instrument wasi prepared by: Kevin C.) Link  THIS DEED: made this 2314 day ofMarch, 2017, by and between  GRANTOR  JULIA) L. BUTNER (Widow)  Mafling Address: 1105 Forestdale Drive, Salisbury, NC: 28144 BYRNE PROPERTIES, INC,a! North Carolina Corporation Mailing Address: 1112 8. Windsor Drive, Kannapolis, NC28081 Property. Address: 1625 NÇI Bwy. 152 W., China Grove, NC28023  GRANTEE  The designation Grantor and Grantoo as used herein ahall include said partics, their heirs, suocessors, and assigns, and shall includes singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantoo, tho receipt of whichi is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in foe simple, all that certain lot or parcel ofland situated in the City ofn/a, Rowan County, SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE Delinquent taxes, ifa arly, tol be paid tot the County Tax Administrator by the dlosing attorney  North Carolina, and more particularly described as follows:  upon disbursement of closing proceeds.  All or aj portion oft thej property herein conveyed doesi include the primary residence ofa  Grantor.  Submitted in compliance electronically North "Law office statutes of governing Kevin C. Link" recordable  and the  documents  B  terns SEN the submitter agreement with the Rowan County Register of Deeds.  Bookc 1287 Pege: 248 Pageiafs    Page 3of3  #2)  EXHIBIT"A"  BEGINNING: ata nall and capl Int the center OfN.C. Highway: 152, cald beginning point! being: 232.19 feet troma nall and cap int the center ofther westem Intersection OfN.C Highway 152 and Sdrewalt Road (S.R. 1419), and unningthence twol lnest throught the property ofButner as follows: (3)s South 04 deg. 04 min. 296 sec. Bast 200.041 feet toar new iron pin, and [2) South 81 deg. 20 min. 12 sec. West 150.52 festto anew! Iron pini int thel line ofCharile Morgn whichy property isfurther describadi inl Deed Book 456, page 589, andr runningt thenoe withi thel Morgan! Bne North 03 deg. 55 min. 00 sec. West 199.69 feet toar nlal and cap! It the center ofN.C Highway: 152; thencet twol lines with thec center ofN.C. Highway 152as follows (4) North 8i deg. 20mhn. 12 SeC East 129.15fvet toar nalla and caps and t2) North 804 deg. 15 min. 42 sac. East 84.711 feattot the point OFBEGINNING, and belng Lot No. 1, contalning .686 acre, as shown ont the map and survaye ofDonaldLN Moora, RLS, dated October28, 1993.  Book: 1287 Page: 248 Page 3of3    Franklin Gover From: Sent: To: Subject: Attachments:  Tina Byrne bymnepropertiesreally@gmailcom> Thursday, August 20,20202:40PM 1625 Hwy 152 W., China Grove 28023 (Parcel 119 006) 152, Town of China Grove package, Aug 20.pdf  Franklin Gover  This letter is going to the Town of China Grove.  Please consider this as our request to be annexed into the Town of China Grove.  We have been approved to get city water at this location and will proceed to get the water tap installed as soon We also own 280 and 286 Stirewalt Road which border 1625 NÇ Hwy 152, W., and both are in the Town of  as possible. China Grove.  Additional information is attached. We appreciate your consideration and approval.  119.006  Thank you. Sincerely, Scott Byrne President Byrne Properties Realty Office 704-933-6687 Fax 704-932-4756 Scott's Cell 704-699-5733  Email ByrnePropertiesRealty@gmail.om