1 2 3 4 5 6 9 11 12 13 14 15 16 Board Members Absent: 17 18 19 Staff] Present: 20 21 22 23 24 26 29 32 33 APPROVAL OF AGENDA 35 Malit and the motion was unanimously: approved. 36 37 APPROVAL OF MINUTES 40 41 PUBLIC HEARING 42 43 SWORN IN FOR' TESTIMONY 44 Boyd Stanley 45  CITY OF KANNAPOLIS, NC BOARD OF ADJUSTMENT Minutes of Special Meeting Tuesday October 4, 2022  7 The Board of Adjustment met on Tuesday October 4, 2022 at 6:00 PM at City Hall, 401 Laureate Way,  8 Kannapolis, North Carolina. 10 Board Members Present:  Ryan French, Chair Emily Joshi, Vice-Chair Cyrus Rattler Daisy Malit Wilfred Bailey, Sr. Holden Sides  Danielle Martini, Alternate Member Richard Smith, Planning Director Boyd Staney, Assistant Planning Director Ben Barcroft, Senior Planner Kristin Jones, Assistant to City Manager Pam Scaggs, Recording Secretary  25 Visitors Present: 27 CALLTO ORDER  None  28 Chair Ryanl French called the meeting to order at 6:00pm. 30 ROLL CALL AND RECOGNITION OF QUORUM  31 Recording Secretary Pam Scaggs called the roll andj presence ofa quorum was recognized.  34 Chair French asked for a motion to approve the Agenda, which was made by Mr. Bailey, second by Ms. 38 Chair French asked for a motion to approve the September 6, 2022 meeting minutes which was made by  39 Ms. Malit, second by Mr. Rattler, and the motion was unanimously approved.  46 BOA-2022-11- Request for: a Special Use Permit for unaddressed property located on the corner of 47 West 16th Street and North Main Street to allow a 6-unit townhome development in the General 49 Assistant Planning Director, Boyd Stanley, stated that staffis requesting that thel Board continue Case No. 50 BOA-2022-11 to thel November 1, 2022 Board of Adjustment Meeting. Mr. Stanley noted that the applicant 51 submitted the: application prior to: adoption ofthel Kannapolis Development Ordinance (KDO) andt therefore  48 Commerdal(cOroning district.    1 the request should be reviewed under the Unified Development Ordinance (UDO). He further clarified that 2 multi-family attached (townhome) was aj permitted use by issuance ofa Special Use Permit in the General 5 Chair French asked for a motion to table the case until the November 1, 2022 meeting, which was made by 9 Planning Director, Richard Smith, introduced Senior Planner Ben Barcroft, stating that Mr. Barcroft will 10 be the staff liaison for the Board. Mr. Smith noted that Mr. Stanley was filling in until Mr. Barcroft was 13 Mr. Smith provided a training refresher for the Board. He provided an explanation of the meaning ofa 14 "quasi-judicial" meeting and "evidentiary hearing". Mr. Smith continued the refresher by reviewing the 15 different types of cases that the Board renders decision including Variances, Appeals of an administrative 16 decision (APP), Special Use Permits (SUP), and Certificate of Nonconformities (CONA). He noted that 17 approval of variances are the only types of cases that requires a super majority vote, and he reminded the 18 Board oftheir powers regarding modifying staffs Findings of] Fact or adding conditions to a SUP. Mr. Smith 19 talked about the Rules of Procedure for the Board and procedures for a quasi-judicial hearing (application 20 deadlines, public notice, swearing-in of anyone speaking at a hearing, findings, record of the hearing, 21 notification to applicant of Board's decision and appeal process of Board decision). He also provided the 25 Mr. Smith directed the Board'sa attention toa development map andj provided an overview of fbothi residential 26 and commercial projects occurring within the City of Kannapolis. Mr. Smith responded to a question from 27 Mr. Bailey regarding affordable housing. He noted that the map will be made available on the City's 31 Mr. Smith directed the Board's attention to thej proposed 2023 meeting dates and asked the Board to review 32 and make motion on the proposed schedule. Vice-Chair Joshi made the motion to approve, second by Mr. 36 There being no further business, Vice-Chair Joshi made the motion to adjourn, second by Mr. Rattler and  3 Commercial (GC) zoning district under the UDO but is not permitted in the KDO. 6 Vice-Chair Joshi, second by Mr. Rattler and approved by unanimous vote.  4 7  8 BOARD REFRESHER 11 hired and could join the meetings.  12  22 procedures for a hearing and talked about ex parte communication and evidence.  23  24 PLANNING DIRECTOR UPDATE  28 website. 29 30 OTHER BUSINESS  33 Bailey and unanimously approved.  34 35 ADJOURN 37 unanimously approved. 38 40 41 43 44  39 The meeting was adjourned at 7:29 PM on Tuesday October 4, 2022.  Board of Adjustment  -  45 Pam Scaggs, Recording 46 Board of Adjustment RGe  City ofk Kannapolis Board of Adjustment October 4,2022  2