1 2 3 4 5 6 9 11 12 13 14 15 16 17 Board Members Absent: 18 19 Staff Present: 20 21 22 23 24 City Attorney: 25 26 Visitors Present: 27 28 CALLTOORDER 30 33  CITY OF KANNAPOLIS,NC BOARD OF ADJUSTMENT Minutes ofM Meeting Tuesday January 4,2022  7 The Board of Adjustment met on Tuesday January 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. Danielle Martini, Alternate Member Holden Sides  Richard Smith, Planning Director Ryanl Lipp, Senior Planner David: Hancock,IT Pam Scaggs, Recording Secretary Walter M. Safrit II Dildar Sangha  29 Chair Ryan French called the meeting to order at 6:00pm. 31 ROLL CALL. AND RECOGNITION OF QUORUM  32 Recording Secretary Pam Scaggs called the roll and presence ofac quorum was recognized.  34 APPROVAL OF AGENDA  35 Chair French asked for a motion to approve the Agenda, which was made by Mr. Rattler, second by Ms.  36 Malit and the motion was unanimously approved. 38 APPROVAL OF MIINUTES  37  39 Chair French asked for a motion to approve thel November 30, 2021 meeting minutes. Ms. Martini madea  40 motion to approve, second by Mr. Rattler and the motion was umanimouslyapproved.  41 43 46  42 PUBLIC HEARING 44 SWORN IN FOR TESTIMONY 45 Ryan Lipp and Dildar Sangha.  47 BOA-2022-02- - Request fora Special Use Permit for property located at 5418 Davidson Highway to 48 allow an industrial development in the Campus Development/CDronin, district. 49 Senior Planner Ryan Lipp gave a presentation regarding a request for a Special Use Permit (SUP) and 50 provided the application details for BOA-2022-02, attached to andi made part oft these minutes as Exhibit 1, 51 noting the applicant, property owners, address, dates ofpublici notice and the current zoning. Mr.Lippnoted    that the applicant is not present but that the request is for a SUP to allow construction of an industrial 2 developmenti int the Campus Development (CD) zoning district. Hei further noted that thatj properties located 5 Mr. Lipp directed the Board's attention to the Vicinity, Zoning and 20301 Future Land' Use maps, as well as 6 the site plan, noting thel location, zoning, andi recommended future land uses. Mr. Lipp directed thel Board's 7 attention to street views oft the subject property and the submitted site plan to review the proposed layout. 8 He stated that thej proposed: structures will be'spec"buildings. HereviewedPalitylsues: ands staffFindings  3 in the CD: zoning district with lots below 20acres require a SUP for development.  4  9 of Fact asi follows:  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  1. The proposed use will be in harmony with the area in which it is to be located and in The subject propertyi is within the "Employment Center" Character Area as designated on1 the Futurel Land Use and Character Mapi in the Move Kannapolis Forward 2030 Comprehensive Plan. The Employment Center character area allows for opportunities in warehousing, light Based on the character areas noted above, the proposed development is compatible with the 2. Adequate measures shall be taken to provide ingress and egress sO designed as to minimize trafficl hazards and to minimize traffic congestion on the public roads. The proposed development oft this site fori industrial usei is not anticipated to cause: any traffic hazards or traffic congestion. Adequate egress/ingress has been shown on the included 3. The proposed use. shall not be noxious or offensive by reason of vibration, noise, odor, No vibration, noise, odor, dust, smoke or gas beyond what would be anticipated: for an: industrial 4. The establishment of the proposed use shall not impede the orderly development and improvement ofs surrounding property for 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 contain existing industrial uses. Conditions of approval will require compatible building mnaterials with those 5. The establishment, maintenance, or operation of the proposed use shall not be detrimental to or endanger the public health, safety, or general welfare. There is no apparent danger or detriment to the overall publiç safety, health and welfare resulting from the proposed use. Thej proposed development is subject to all the requirements  general conformance withi the City'sLand Use. Plan. manufacturing, office, and other supporting uses. future and existing uses in the surrounding area.  conceptual site plan. dust, smoke or gas.  use ise expected as ai result of the development of this property.  oft the surrounding industrial buildings.  oft the Unified Development Ordinance.  Compliance with any other applicable Sections of this Ordinance.  The 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. It is understood by the applicant that unless specifically relieved of a requirement, in writing, all UDO requirements, including compliance with the Technical  City ofKannapolis Boardof Adjustment January 4,2022  2    1 2 3  Review Committee site plan review and approval process, must be met. Sewer service is  subject to allocation based upon sewer treatment capacity.  4 Mr. Lipps stated thats staffisr recommending approval oft the SUP with conditions as notedi int the staffreport. 5 He reminded the Board of the actions requested and directed the Board's attention to street views of 6 surrounding businesses to illustrate the condition of approval regarding building materials. He concluded 9 Ms. Joshi asked the number of entrances to the proposed development. Mr. Lipp responded that both 10 accesses shown are off Stanley Drive and thought that NCDOT would not approve access off Davidson 11 Highway. He added that ther number of egress/ingress aligns with UDOrequirements. Mr. Rattlersuggested 12 that there may be al lot of traffic utilizing Stanley Drive and asked the possibility of access offDavidson 13 Highway. Planning Director Richard Smith responded that due toj proximity of the traffic signal, NCDOT 16 Mr. French asked the number of building fronts on both buildings. Mr. Lipp responded the buildings are 17 "spec" buildings andi that one willl be approximately 120,000 square feèt and the other 20,000 square feet 20 City Attorney, Walter Safrit referenced the site plan and asked the definition of "BOP". It was determined 21 that "BOP" was a typo and should read' "BMP". Attorney Safrit recommended that it be changed on the 22 final sitep plan. Mr. Bailey asked the definition of"BMP".. .Mr. Lippd defined it as] Best Management! Practices 23 but indicates location of retention ponds which are used for stormwater runoff/control. 25 There being no additional questions or comments fors staff, Chair French opened thel Public Hearing. 27 Dildar Sangha, 9943 Linksland Avenue, Huntersville, stated that he recently purchased the adjacent 28 property and was concerned about the types ofi industrial uses that will be in use on the subject property. 29 Mr. Lipp responded that light manufacturing and warehousing arej permitted uses in the CD: zoning district 30 and that the applicant is proposing to build a "spec" building so there is not a specific tenant or use 31 determined at this time. He stated that the development will need to meet all buffer requirements for the 32 zoning district and that he would keep Mr. Singha apprised of the potential tenants as that information 33 becomes available.. Attorney Safrit provided a copy oft thes site plan to. Mr. Sangha. 35 There being no additional questions or comments, Chair French closed the Public Hearing. 37 Chair French asked for a motion to accept the City's exhibits, including the staff report into the record 38 which was made byl Ms. Malit, second by) Ms. Joshi and the motion was unanimously approved. 40 Chair French asked for a motion to approve or revise the Findings of Fact. Ms. Joshi made the motion to 41 approve thel Findings of] Fact, second by Mr. Bailey and the motion was unanimously approved. 43 Chair French asked for ai motion to: approve, approve with conditions, or deny thei issuance oft the SUP. Ms. 44 Joshi made the motion to approve with the conditions as proposed by staff, second by Ms. Malit and the 47 Chair French asked for a motion to issue the Order of Approval which was made by Ms. Malit, second by  7 his presentation and made himself available for questions.  8  14 most likely would not approve access off Davidson Highway. Mr. Lipp agreed.  15  18 but does notl know the number oft tenants.  19  24 26  34 36 39 42  45 motion was unanimously approved.  46 49  48 Mr. Bailey and the motion was unanimously approved. 50 Chair French noted that the agenda is showing thei incorrect date.  City of Kannapolis Boardo of Adjustment January 4,2022  3    1 PLANNING DIRECTOR UPDATE  2 Mr. Smith stated that at their) December 13, 2021 meeting, City Council adopted a wastewater allocation 3 policy which creates aj matrix or point system for development projects which allows for aj prioritization 4 ofallocation ofs sewer utilities. He added that there is not aj moratorium on sewer availability butt that the 5 policy will allow for prioritization of each development project as it is reviewed through the approval 6 process. Mr. Smith added that previous development projects that have received preliminary site plan 7 approval were given priority for sewer allocation and that other projects will be graded according to the  8 policy and' WSACC( (Water Sewer. Authority for Cabarrus County).  9 10 OTHER: BUSINESS 11 None 12 13 ADJOURN 15 by unanimous vote. 16 18 19 20 21 22 Pum 23 Pam 24 Board of  14 There being noi further business, Ms.. Joshi made thei motion to adjourn, second by Mr. Rattler anda approved  17 The meeting was adjourned at 6:21PM on' Tuesday January 4, 2022.  Adjustment  7  Scaggs, Bag Adjustment  Secretary  City of Kanapolis Board of Adjustment January 4,2 2022