1 2 3 4 5 6  CITY OF KANNAPOLIS, NC BOARD OF ADJUSTMENT Minutes of Meeting Tuesday April5 5, 2022  7 The Board of Adjustment met on Tuesday April 5, 2022 at 6:00 PM at City Hall, 401 Laureate Way,  8 Kannapolis, North Carolina. 9 Board Members Present:  Ryan French, Chair Cyrus Rattler Holden Sides Wilfred Bailey, Sr. Daisy Malit Emily. Joshi, Vice-Chair Danielle Martini, Alternate Member Ryanl Lipp Senior Planner Walter M. Safrit III Ginger Moore Chipl Mark Kevin McNally  10 11 12 13 15 16 17 18 Staff Present: 19 20 City Attorney: 21 22 Visitors Present: 23 24 25 26 29 32 36 40 42 45  14 Board Members Absent:  Tim Carter Deep Panara Corey Baker  27 CALLTOORDER  28 Chair French called the meeting to order at 6:00PM. 30 ROLLCALL AND RECOGNITION OF QUORUM  31 Recording Secretary Pam Scaggs called the roll and presence oft the quorum was recognized.  33 APPROVAL OF AGENDA 37 APPROVAL OF MINUTES 41 PUBLICHEARING 43 SWORN IN FOR TESTIMONY 44 Ryan Lipp, Ginger Moore, and Tim Carter.  34 Chair French asked for a motion to approve the Agenda, which was made by Mr. Rattler, second by Mr. 38 Chair French asked for a motion to approve the March 1,2 2022 meeting minutes. Mr. Sides madeamotion  35 Bailey and the motion was unanimously approved.  39 to approve, second by Mr. Rattler andt the motion was unanimously approved.  46 BOA-202-04-Request for a Special Usel Permit for unaddressed property located on Concord Lake 47 Road to allowan multi-family apartment development in the Office-Institutional (0-I)z zoning district.    1 Senior Planner Ryan! Lipp gave aj presentation regarding a request for a Special Usel Permit (SUP), attached 2 to and made part of these minutes as Exhibit 1. Mr. Lipp provided the application details for BOA-2022- 3 04 noting the applicant, property owners, address, dates of public notice, current zoning ands stated that the 6 Mr. Lipp directed thel Board's attention tot the submitted site plan and talked about landscaping and access.  4 request is to allow a multi-family apartment development. 7 He reviewed Policy Issues and staff] Findings of Fact as follows:  5 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48  1. Thej proposed use will bei in harmony with the area in whichi iti is to bel located and in general The subject property is within the "Suburban Activity 1" Character Area as designated on the Futurel Land Use and Character Mapi int thei Move Kamapolis Forward. 2030 Comprehensive) Plan. The Suburban Activity 1 character area allows for both multifamily residential uses and single Based on the character areas noted above, thej proposed development is compatible with thef future 2. Adequate measures shall be taken to provide ingress and egress so designed as to minimize Thej proposed development of this site for ai multi-family use is not anticipated to cause any traffic hazards or traffic congestion. Egress/ingress is shown on the included conceptual site plan from 3. Thej proposed use shall not be noxious or offensive by reason of vibration, noise, odor, dust, No vibration, noise, odor, dust smoke or gas beyond what would be anticipated for a residential 4. The establishment of the proposed use shall not impede the orderly development and improvement of surrounding property of uses permitted within the zoning district. The proposed use would not impede development of the surrounding properties for uses allowed within their respective zoning districts. The surrounding properties consist of mostly residential uses with some light commercial uses as well as a charter school across Concord Lake Road. 5. The establishment, maintenance, or operation of the proposed use shall not be detrimental to There is no apparent danger or detriment tot the overall public safety, health and welfare resulting from thej proposed use. Thej proposed development is subject to all the requirements oft the Unified Thej proposed use shall comply with all sections of the City of Kannapolis Unified Development Ordinance, conditions ofapproval, and any other applicable local, state and Federal regulations. It isu understoodby the applicant that unless speifieallyrelievedofam requirement, in writing, all UDO requirements, including compliance with the Technical Review committee site plan review and approval process, must be met. Sewer service is subject to allocation based upon sewer treatment  conformancer with the City's Land Use Plan.  family attachedi residential as secondary uses. and existing uses int the: surrounding area.  traffic hazards and to minimize traffic congestion on the public roads.  White Oak Drive. smoke or gas.  use is expected as ai result oft the development of this property.  ore endanger the public health, safety, or general welfare.  Development Ordinance.  6. Compliancer with any other applicable Sections of this Ordinance.  capacity.  City ofl Kannapolis Board of Adjustment April 5,2022  2    Mr. Lipp reminded the Board of the actions requested of them and concluded his presentation. He added 2 that the conditions of approval are standard and that nothing needed to be added to make the request 5 Attorney Safrit directed attention to a cleared lotl located: north oft thej proposed development and asked the 6 intended use. Mr. Lipp indicated that the land was owned by the same applicant and asked confirmation 7 from Ginger Moore [inaudible response] and added that there was a previous development request for an 8 office building but that the land was never developed. Attorney Safrit stated that he wondered about the 11 Architect for the applicant, Ginger Moore, 222 Church Street North, Concord, thanked the Board for their 12 time and addressed Attorney Safrit's question regarding the vacant property stating that the property had 13 been sold to an emergency veterinary clinic but does not know any plan details. Ms. Moore added that the 14 subject property will be developed with thirteen (13), 2-story townhome style apartments rather than a 15 singleapartment building. She stated that this is an effort tol be compatible with existing adjacenti residential 16 uses on White Oak Lane. Ms. Moore noted that their plan will meet or exceed Unified Development 17 Ordinance (UDO) landscapie and buffering requirements as well as building materials. She stated that 18 egress/ingress drive for the development [from White Oak Lane] will be located 150' from Concord Lake 21 There beingi no additional questions or comments, Chair) French opened thel Public Hearing which was then 24 Chair French asked for a motion to accept the City's exhibits, including the staff report into the record, 25 which was made by Mr. Rattler, second by Mr. Bailey and the motion was unanimouslya approved. 27 Chair French asked for a motion to approve or revise the Findings of Fact. Mr. Sides made the motion to 28 approve as presented by staff, second by Mr. Bailey and the motion was unanimously approved. 30 Chair French asked for a motion to approve, approve with conditions or deny the request for Special Use 31 Permit. Mr. Sides made the motion to approve, second by Mr. Rattler and the motion was unanimously 34 Chair French asked for a motion to issue the Order of Approval. Mr. Sides made the motion to approve, 37 BOA-2022-05 Request for a Special Use Permit for property located at 5791, 5741 and an 38 unaddressed parcel on Wabash Lane to allow a mini varehousimgselstorage leasing use in the 40 Senior Planner Ryan Lipp gave aj presentation regarding ar request for a Special Use Permit (SUP)toa allow 41 al mini varehousingselr-sionge leasing facility and provided the application details for BOA-2022-05, 42 attached to and made part of these minutes as Exhibit 2. Mr. Lipp stated that the property was recently 43 rezoned on February 28, 2022, to General Commercnl-Condtional Zoning (C-2-CZ) with conditions to 44 allow the requested use and noted the location, parcel identification numbers, size, property owners and 47 Mr. Lipp stated that the property is located in both thel Regional Commercial Center as well as the Suburban 48 Activity 1 Future Land Use Character Areas oft the 2030 Move Kamapolis Forward Comprehensive. Plan 49 ("2030 Plan") which call for neighborhood serving uses. He directed the Board's attention to the 50 preliminary site plan and talked about access to the site. Mr. Lipp stated that most of the conditions from 51 the rezoning request were carried over to the SUP but that after discussion with NCDOT, discovered that  3 compatible. Mr. Lipp made himselfa available for questions.  4  9 compatibility but that it didn't matter ifthe development plans have been withdrawn.  10  19 Road tot the center of drive which meets state requirements. 22 closed with noj public comment being made.  20 23 26 29 32 approved. 33 36  35 second by Mr. Bailey and the motion was unanimously approved.  39 General Commerial-Condlitonal Zoning (C-2-CZ): zoning districts.  45 applicant. 46  City ofH Kannapolis Board of Adjustment April 5,2022  3    the parcel to the north of the subject properties (PIN# #5 56011221730000) would not be granted access to 2 Kannapolis Parkway sO staff added a condition requiring a 40-foot access easement to allow for future 3 development. Mr. Lipp directed the Board's attention to submitted elevation renderings and reviewed  4 Policy Issues and staff Findings of Fact (FOF) as follows:  5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 City ofH Kannapolis Board of Adjustment April 15,2022  . Thej proposed use will bei in harmony with the area in whichiti is tol be located and inj general This property is located in the "Regional Commercial Center" within a "Suburban Activity 1" Character District in the. Move. Kannapolis Forward 2030 Comprehensive Plan. The Regional Commercial Center includes land with opportunities for large format commercial as primary uses and multifamily residential as secondary uses. The Suburban Activity 1 Character District includes primarily regional-scale commercial development that can accommodate large format commercial development as primary uses and multifamily residential development as The subject property is also located within the Farm Hill, Small Area Plan Study Area. This plan recommends a mix of commercial, hotel, office, and residential uses fort the study area, includinga hotel use in the area of this property (see attached Farm Hill Small Area Plan Recommended Land Based on the character areas noted above, thej proposed development is compatible with the future 2. Adequate measures shall be taken to provide ingress and egress sO designed as to minimize The proposed development of this site for a mini warehousimgsel-stonge leasing use is not anticipated to cause any traffic hazards or traffic congestion. Egress/ingress is shown on the included conceptual site plan. A condition to provide an access easement to parcel 3. The proposed use shall not be noxious or offensive by reason of vibration, noise, odor, dust, No vibration, noise, odor, dust, smoke or gas beyond what would be anticipated for a mini warchousingselsionge leasing use is expected as al result oft the development oft this property. In addition, development will be required to conform to all applicable local, state, and federal 4. The establishment of the proposed use shall not impede the orderly development and improvement ofsurrounding property of uses permitted within the: zoning district. The proposed use would not impede development of the surrounding properties for uses allowed within their respective zoning districts. Theproposedi mini warehousingselfsonge leasing use is somewhat compatible with the adjacent area, which includes commercial development along Kannapolis Parkway, and the adjacent residential neighborhood to the east and south sides oft the 5. The establishment, maintenance, or operation of thej proposed use shall not be detrimentalto There is no apparent danger or detriment to the overall public safety, health and welfare resulting from thej proposed use. Thej proposed development is subject to all the requirements of the Unified  conformance with the City'sLand Use Plan.  secondary uses.  Uses Map).  and existing uses in the surrounding area.  traffic hazards and to minimize traffic congestion on the public roads. 56011221730000 is being added to allow future development ofthis] parcel.  smoke or gas.  environmental regulations.  property.  or endanger the public health, safety, or general welfare.  Development Ordinance.  4    2 3 4 5 6 7 8 9 12  6. Compliancer with any other applicable Sections of this Ordinance.  Thej proposed use shall comply with all sections of the City of Kannapolis Unified Development Ordinance, conditions of approval, and any other applicable local, state and Federal regulations. Itis understood by the applicant that unless specifically relieved of a requirement, in writing, all UDOr requirements, including compliance with the Technical Review Committee site planr review and approval process, must be met. Sewer service is subject to allocation based upon sewer  treatment capacity.  10 Mr. Lipp reminded the Board of the actions requested of them, concluded his presentation, and made 13 Mr. Bailey asked for confirmation that the subject properties had previously been rezoned for residential 14 uses. Mr. Lipp responded that the property was previously rezoned to allow a hotel use and that the current 15 requested use required rezoning and the SUP due to the use being different. He added that conditions run 16 with the specific request, not the land. Mr. Bailey asked if this project is related to the Rogers Lake mini 17 warehousing project and questioned similar uses being sO close inj proximity. Mr. Lippi responded that there 18 are two different applicants andi is assuming that they are: not related but deferred to the applicant.. Attorney 19 Safrit stated that het thought iti is related to thel Rogers Lake project. Mr. Lipp reiterated that he didn'tthink 22 Attorney Safrit directed staff's attention to the FOF stating that staff found the request to be in harmony 23 with surrounding uses in FOF No. 1 but then used the words "somewhat compatible" in FOF No. 4. He 24 advised that the findings are contradicting and asked staff to explain as well as if they would consider 25 removing the word somewhat" from FOF No. 4. Mr. Lipp explained that when the request went to the 26 Planning and Zoning Commission, staff's review didn't find thati it was entirely compatible and ther request 27 for rezoning failed. He continued that the applicant appealed the Commission's decision, and that City 28 Council found the request compatible and as a result is comfortable with Attorney Safrit's suggesting to 29 remove the wording. Attorney Safrit advised the Board that if they approved the SUP, recommended 32 Kimley Horne representative for the applicant, Tim Carter, stated that the structure will be a three-story, 33 storage facility, and noted that the staff report stated that the facility size will be 31,292 sfl but that is the 34 size ofeach: floor sot that the entire structure will actually beas 95,000sff facility with all internal storage and 37 Attorney Safrit asked if both this project as well as the project located on Rogers Lake Road are both 38 Crosland developments? Mr. Carter responded that they are not and are separate developments. 40 There being no additional questions or comments for staff or the applicant, Chair French opened the Public 43 Chair French asked for a motion to accept the City's exhibits, including the staff report into the record 44 which was made byl Mr. Bailey, second by Mr. Rattler and the motion was unanimously. approved. 46 Chair French asked for a motion to approve or revise thel Findings of Fact. Mr. Rattler made the motion to 47 revise the FOF to remove "somewhat" and to approve the amended FOF. Mr. Bailey asked if the square 48 footage also needs to be amended. Attorney Safrit responded, second by Mr. Bailey and the motion was  11 himselfavailable for questions.  20 that it was related but deferred to the applicant.  21  30 amending the FOF to remove "somewhat" from FOF No. 4.  31  35 no outside storage. Mr. Carter made himselfavailable for questions.  36 39 42 45  41 Hearing which wast then closed with noj public comment.  49 unanimously approved.  50  City ofk Kannapolis Boardo of Adjustment April 15,2022  5    Chair French asked for ai motion to approve, approve with conditions, or deny the request oft the SUP. Mr. 2 Ratter made the motion to approve with conditions as proposedbys staff, second by! Mr. Sides andt themotion 5 Chair French asked for a motion toi issue the Order of Approval which was made by Mr. Sides, second by 8 BOA-202-06-Request for: a Special Usel Permit for property located at 6031RLKetchie Boulevard 9 to allow a convenience store with gas and carwash use in the Campus Development (CD) zoning 11 Senior Planner Ryan Lipp gave aj presentation regarding a request for a Special Use Permit (SUP) and 12 provided the application details for BOA-2022-06, attached to and madej part of these minutes as Exhibit3, 13 noting the applicant, property owners, address, dates of public notice and the current zoning. 15 Mr. Lipp directed the Board's attention to the submitted site plan, and talked about access to the site. He 16 stated ingresslegress has been extensively reviewed by both the City and NCDOT. He reviewed Policy  3 was unanimously approved.  4 7  6 Mr. Rattler and the motion was unanimously: approved.  10 districts.  14 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50  17 Issues and staff Findings of Fact as follows:  The proposed use will bei in harmony with the area in whichi iti is to bel located and in general The subject property is within the "Suburban Activity 2" Character Area in the Move Kamapolis The Suburban Activity 2 Character Area is composed primarily of small and medium-scale commercial developments, that serve local residential neighborhoods. The requested use of convenience store with gas and carwash isi in harmony with the character area noted. 2. Adequate measures shall be taken to provide ingress and egress sO designed as to minimize traffic hazards and to minimize traffic congestion on the public roads. The proposed development of this site for a convenience store with gas and carwash use is not anticipated to cause any traffic hazards or traffic congestion. Egress/ingress was largely handled through previous development oft the area and is shown on thei included conceptual site plan. 3. Thej proposed use shall not be noxious or offensive by reason of vibration, noise, odor, dust, No vibration, noise, odor, dust, smoke, or gas beyond what would be anticipated for ac convenience store with gas and carwash use is expected as al result of the development of this property. 4. The establishment of the proposed use shall not impede the orderly development and improvement of surrounding property of uses permitted within the zoning district. The proposed use would not impede development of the surrounding properties for uses allowed 5. Thee establishment, maintenance, or operation of the proposed use shall not be detrimentalto There is no apparent danger or detriment to the overall public safety, health and welfare resulting from the proposed use. The proposed development is subject to all the requirements of the Unified  conformance with the City'sLand Use Plan. Forward 2030 Comprehensive Plan.  smoke or gas.  within their respective zoning districts.  or endanger the public health, safety, or general welfare.  Development Ordinance.  6. Compliance with any other applicable Sections of this Ordinance.  City of Kannapolis Board of Adjustment April 5, 2022  6    1 2 3 4 5 6 7 10 13 16 19 22 26 28 Mr. Rattler and the motion was unanimously approved. 29 30 PLANNING DIRECTOR UPDATE 31 None 32 33 OTHER BUSINESS 34 None 35 36 ADJOURN 38 40 41 42 43 44 45 46 47 48  The proposed use: shall comply with all sections of the City of Kannapolis Unified Development Ordinance, conditions ofapproval, and any other applicable local, state and Federal regulations. It is understood! by thea applicant that unless specifitcallyrelieved: dofarequirement; inwriting, alll UDO requirements, including compliance with the Technical Review Committee site plan review and approval process must be met. Sewer service is subject to allocation based upon sewer treatment  capacity.  8 Mr. Lipp reminded the Board oft the action requested of them, concluded) his presentation and madel himself 11 Mr. Rattler asked if the property will bel leased or purchased. Mr. Lipp responded that the property will be 14 There being no additional questions or comments for staff, Chair French opened the Public Hearing which 17 Chair French asked for a motion to accept the City's exhibits, including the staff report into the record 18 which was made by Mr. Sides, second by Mr. Rattler and the motion was unanimously approved. 20 Chair French asked for a motion to approve or revise the Findings of Fact. Mr. Rattler made the motion to 23 Chair French asked for a motion to approve, approve with conditions, or deny the request of the SUP. Mr. 24 Rattler made the motion to approve with conditions as proposed by staff, second by Mr. Sides and the 27 Chair French asked for a motion to issue the Order of Approval which was made by Mr. Sides, second by  9 available for questions.  12 purchased with an expected closing in the next couple ofweeks.  15 was then closed with no public comment.  21 approve, second by Mr. Bailey and the motion was unanimously approved.  25 motion was unanimously: approved.  37 There being no further business, Mr. Rattler, second by Mr. Bailey and approved by unanimous vote.  39 The: meeting was adjourned 6:421 PM: at on Tuesday, April5,2022  Cham  Board of Adjustment  A  Ponu Pam Scaggs,  ASp2  Cityo of Kannapolis Board of Adjustment April 5,2 2022  7