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 29 CALL' TOORDER 31 34 38 42 44 47  CITY OF KANNAPOLIS, ,NC BOARD OF ADJUSTMENT Minutes of Special Meeting Tuesday June 7, 2022  7 The Board of Adjustment met on Tuesday June 7, 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 Daisy Malit Holden Sides Wilfred Bailey, Sr. Danielle Martini, Alternate Member Cyrus Rattler  Richard Smith, Planning Director Boyd Staney, Assistant Planning Director Wilmer Melton, Assistant City Manager Pam Scaggs, Recording Secretary Walter M. Safrit III LinI Leslie Joe Hatley  Jason Banks Alan Overcash  30 Chair Ryan French called the meeting to order at 6:00pm. 32 ROLL CALL. AND RECOGNITION OF QUORUM  33 Recording Secretary Pam Scaggs called the roll andj presence ofa quorum wasi recognized.  35 APPROVAL OF AGENDA 37 and the motion was unanimously approved. 39 APPROVAL OF MINUTES 43 PUBLIC HEARING 45 SWORN IN FOR TESTIMONY 46 Boyd Stanley, Alan Overcash and] Lin Leslie.  36 Chair] French asked for aj motion to approve the agenda which wasi madebyMr. Sides, second by Mr. Bailey 40 Chair French asked for a motion to approve the May 10, 2022 Special meeting minutes which was made  41 by Mr. Bailey, second by Mr. Sides, and the motion was unanimously approved.  48 BOA-2022-09- Request for a Special Use Permit for property located on multiple properties located 49 at the intersection of N. Cannon Boulevard and E 13" Street to allow a mini storage'warehouse  50 leasing facility in the General Commercial (C-2)zoning district.    1 Assistant Planning Director Boyd Stanley gave aj presentation regarding ai request for a Special Use Permit 2 (SUP) to allow a mini war-homsingselfstorge leasing use on twoj parcels and aj portion ofa third parcel 3 located ont the corner ofE13+ Street and] N. Cannon! Boulevard. Mr. Slanleyprovided the application details 4 for BOA-2022-09, attached to and made part oft these minutes as Exhibit 1, noting the applicant, property 5 owners, address, size, and the current zoning. He noted that the request includes two (2) parcels and a 8 Mr. Stanley directed the Board's attention to the Zoning map and noted that a portion of property was 9 incorrectly shown as being included in the SUP request. He further directed the Board's attention to the 10 Future Land Use Map as well as the site plan and recombination plat and utilized both to illustrate the 11 correct properties that are subject oft the SUP request. Mr. Stanley stated that the applicant is proposing a 12 24,000 square foot building with six (6) parking spaces and explained that curb, gutter and sidewalk are 13 being required along N. Cannon Boulevard. He added that staff did require that curb, gutter and sidewalk 14 continue along the length ofE. 13th Street. Mr. Stanley reviewed Policy) Issues and staff Findings ofl Fact  6 portion ofat third parcel and provided those property locations.  7  15 as follows: 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 bei in harmony with the area in which it is to be located and in This property is in the "Secondary Activity Center" Character Area in thel Move Kannapolis The Secondary Activity Center Character Area's intent is to primarily. consist of service oriented small and medium scale commercial developments, typically located on the corner ofmajor thoroughfares. Primary uses include retail, office and multi-family: residential. 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 traffic hazards and to minimize traffic congestion on the public roads. Thej proposed development ofthis site for ai mini warhousingelfstorage leasing use is not anticipated to cause any traffic hazards or traffic congestion. Egress/ingress is shown on the 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 ai mini warehousingsefstorage leasing use is expected as ai result oft the development ofthis property. In addition, development will be required to conform to all applicable local, state, 4. The establishment of the proposed use shall not impede the orderly development and improvement ofsurrounding 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 proposedmini warehousingsel-stonge leasing use is compatible with the adjacent area,, which includes commercial development along N. Cannon Boulevard, and the adjacent residential neighborhood to the west of the  general conformance with the City'sLand Use Plan.  Forward 2030 Comprehensive! Plan.  future and existing uses int the surrounding area.  included conceptual site] plan. dust, smoke or gas.  and federal mvrommenalregulations:  property.  City ofKannapolis Board of Adjustment Speciall Meeting June 7,2022  2    1 2 3 4 5 6 7 8 9 10 11 12 13 14. 18 19 20 21  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 public safety, health and welfare resulting from thej proposed use. Thej proposed development is subject to all the requirements 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 reliéved ofa 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  oft the Unified Development Ordinance.  0. Compliance with any other applicable Sections ofthis Ordinance.  subject to allocation based upon sewer treatment capacity.  15 Mr. Stanley stated that the conditions are in the report, sO he would not read all oft them into the record, 16 unless the Board requested him to do so. He did, however, explain a couple of the conditions as well as  17 requested an amendment to another. He read Condition No. 1 into ther record:  1. Thej permitted uses allowed by this SUP shall only include ar mini warchousingsel-stonge leasing facility as generally depicted on the submitted conceptual site] plan.  22 Mr. Stanley stated thati ift the applicant decided not to: move: forward with the proposed project, anyone else 23 wanting to construct the same type of facility would have to come backto thel Board: for approval. He then  24 read Condition No. 2i into the record:  25 26 27 28 29  2. Thé site is within the Protected Watershed Protection Overlay area for Lake Concord (WS- IV-PA) and must receive a Special Intensity. Allocation (SIA) fromt thel Planning and Zoning  Commission prior to construction document submittal.  30 Mr. Stanley explained that sincet the property is located with al Protection Overlay, the applicant is required 31 to apply for and receive approval for a Special Intensity Allocation (SIA): prior to submitting construction 32 documents. He gave al briefbackground on the requirements regarding obtaining a SIA and stated that final 33 approval of whether the applicant will be able to construct a mini warehousingselfstorage facility will  34 depend on approval oft the SIA. Mr. Stanley read Condition: No. 3i into the record:  35 36 37 38  3. Curb, gutter and sidewalk shall be installed along the East 13th Street and North Cannon  Boulevard project frontages.  39 Mr. Stanley: requested to amend Condition No. 31 to read "Curb, gutter ands sidewalk shall bei installed along 40 the North Cannon Boulevard project frontage as depicted on the site plan". He explained that staff is 41 requiring the installation of curb, gutter and sidewalk along Cannon Boulevard due to the anticipated 42 improvements resulting from the Cannon Boulevard Corridor Plan but did not determine that it should be  43 required along E. 13th Street. Mr. Stanley then read Condition No. 4i into the record:  44 45 46 47  4. Exterior Materials shall include a combination ofbrick façade, stucco and metal as generally  depicted on the elevations presented.  City ofKannapolis Board ofA Adjustment Speciall Meeting) June 7,2022  3    Mr. Stanley reminded the Board of the actions requested, concluded his presentation and made himself 4 Ms. Joshi directed attention to the site plan and asked the definition ofa' "BMP". Mr. Stanley responded 5 that BMP is an acronym for Best Management. Practices regarding stormwater detention. Ms. Joshi asked 6 ift the BMP will be located near Cannon Boulevard. Mr. Stanley utilized the site plan to illustrate the 7 proposed location of the BMP and explained that the applicant is required to detain and treat stormwater 8 before iti is released. City Attorney Wally Safrit explained that the City will be replacing BMP with SCM 9 (Storm Control Management). Planning Director Richard Smith noted that the SCM will be below grade 12 Mr. Bailey questioned whether six (6) parking spaces is adequate parking for the proposed size of the 13 facility. Mr. Stanley indicated that the applicant can further address Mr. Bailey's question but that the 14 requested use does not typically get high volume visits. He added that the proposed parking meets current 17 Ms. Martini asked if ingresslegress to the facility will be able to accommodate emergency response 18 vehicles, to which Mr. Stanley confirmed that it would. Ms. Martini asked if the applicânt is required to 19 install landscaping and buffers. Mr. Stanley responded that a' Type II Buffer is required for this type ofuse 22 The applicant, Alan Overcash, stated that he is ai native of Kannapolis, owns and operates his business here 23 and is invested in the City. Mr. Ovércash stated that he has a business office located on Dale Earnhardt 24 Boulevard (DEB) and that he currently operates three (3) other storage facilities within the City. He 25. addressed Mr. Bailey's concem: regarding parking spaces stating that the property will be managed from 26 the office located on DEB and that self-storage businesses average three (3) visits per day. Mr. Overcash 27 added that] his other self-storage: facilities have approximately 300 units and has recognized a demand for 28 this type ofu usei in] Kannapolis. Mr. Bailey askedi ift there are parking issues at any ofhis other facilities.. Mr. 29 Overcash responded that hej purchased two (2) ofthe facilities after they were constructed [prior to adoption 30 of the UDO] and that they didi not offer any parking spaces but has never experienced any parking issues. 31 He added that hel built the 3rd facility on DEB under the UDO and thatt the office staffutilizes five (5) ofthe 34 Ms. Joshi asked about the type ofbuilding materials that willl be used. Mr. Overcash responded that it will 35 be a mix ofbrick, metal and windows. He added that al lot of the trees currently located on the site will be 38 There being no additional questions or comments for staff, Chair French opened the Public Hearing which 41 Chair French asked for a motion to accept the City's exhibits, including the staff report into the record 42 which was made by Mr. Sides, second by Ms. Joshi and the motion was unanimously approved. 44 Chair French asked for ai motion to approve or revise the Findings ofFact. Ms. Joshi made the motion to 45 approve thel Findings of Fact, second by Mr. Bailey and the motion was unanimously approved. 47 Chair French asked for ai motion toapprove, approve with conditions, or denyt thei issuance ofthe SUP. Mr. 48 Sides made the motion to approve, second by Ms. Joshi with the conditions as proposed and amended as  2 available for questions.  3  10 level of Cannon Boulevard.  11  15 Unified Development Ordinance (UDO) requirements.  16  20 and further detailed those requirements.  21  32 six (6): parking spaces and] has never had aj parking issue.  33 37 40 43 46 50  36 undisturbed and willl help to shieldthel building from the street. 39 was then closed with noj public comment being made.  49 requested byl Mr. Stanley, and the motion was unanimously approved.  City ofKannapolis Board of Adjustment Special Meeting June 7,2022    Chair French asked: for a motion toi issue the Order of Approval which was made by Ms. Joshi, second by  2 Ms. Martini and the motion was unanimously approved. 4 PLANNING DIRECTOR UPDATE  3  5 Mr. Smith stated that Senior Planner Ryan Lipp transferred to the City's Engineering Department and 6 that] Mr. Stanley willl be presenting Board of Adjustment cases going forward. He added that adoption of 7 the Kannapolis Development Ordinance (KDO) is scheduled for City Council on June 13, 2022. Mr. 8 Smith stated that if approved, there will be different development standards for quasi-judicial cases but 9 that the procedures will remain thes same and that he will review those changes with thel Board: ift thel KDO  10 is adopted. 11 12 OTHER! BUSINESS 13 None 14 15 ADJOURN 17 by unanimous vote. 18 20 21 22 23 24 Raum 25 Pam Scaggs, 26 Board of Adjustment  16 There being no further business, Ms. Joshi made thei motion to adjourn, second by Mr. Sides and approved  19 The meeting was adjourned at 6:181 PM on Tuesday June 7,2022.  BoardofAdjustment  A  Sezigtary  Somp2  City ofE Kannapolis Board ofA Adjustment Special Meeting) June 7,2022  5