CITY OF KANNAPOLIS, NC BOARD OF ADJUSTMENT Minutes of Meeting Tuesday May 7,2024  2 3 4 5 6  7 The Board of Adjustment met on Tuesday May 7, 2024, at 6:00 PM at City Hall, 401 Laureate 8 Way, Kannapolis, North Carolina. This meeting was held in accordance with required public  9 notice as well as on the City's website. 11 Board Members Present: Emily Joshi, Chair  10 12 13 14 15 16 17 19 20 Staff Present: 21 22 23 City Attorney: 24 25 Visitors Present: 26 27 28 29 32 35  Chris Dwiggins Holden Sides, Vice Chair Mike McClain, ETJ Representative Wilfred Bailey Danielle Martini, Alternate Member  18 Board Members Absent: Ryan French  Richard Smith, Planning Director Pam Scaggs, Recording Secretary  Wally Safrit Gray Fisher Laura Fisher Eric Powlas Joely Powlas  30 CALLTO ORDER  31 Chair. Joshi called the meeting to order at 6:00pm. 33 ROLL CALL AND RECOGNITION OF QUORUM  34 Recording Secretary, Pam Scaggs, called the roll and presence ofa quorum was recognized. 37 Chair Joshi asked fora amotion to approve the agenda which was made by Vice-Chair Sides, second  36 APPROVAL OF AGENDA  38 by Mr. McClain and the motion was unanimously approved.  39  40 APPROVAL OF MINUTES  41 Chair Joshi asked for approval of the April 2, 2024, minutes, which was made by Ms. Martini,  42 second by Mr. McClain and the motion was unanimously approved.  43  44 ORDER FOR DENIAL  45 BOA-2024-06 - Request for a Special Use Permit submitted by Southeastern Recovery 46 Center LLC/H2-ILLC for property located at 3148 Barr Road to allow fora Residential  47 Care Facility in the Residential 1(RI)zoning district.  48    City Attorney Wally Safrit recognized the Board for working through what he called a "tough 2 case." Attorney Safrit stated that there was a lot of testimony regarding "reasonable 3 accommodation" and while the Fair Housing Act does allow for reasonable accommodation for 4 disabled persons, it does not give the Board authority to review a case beyond the policy issues 5 for a Special Use Permit (SUP) as found in the Kannapolis Development Ordinance (KDO). He 6 added that the Board, in his opinion, has no authority to award reasonable accommodation and 7 suggested that an applicant could petition for an amendment to the City's ordinance (KDO) or 8 appeal to the Superior Court. Attorney Safrit stated that the applicant has thirty (30) days to appeal 9 after the Board approves the Order and that they will be advised ift there is an appeal but felt that 12 Chair. Joshi asked for a motion regarding the Order. Ms. Martini made the motion to approve. Chair 13 Joshi asked for clarification whether the Board was approving or denying the Special Use Permit. 14 Attorney Safrit advised that the Board denied the Special Use Permit at the April 2, 2024, meeting 15 and that the Order has been written as such. Vice-Chair Sides followed Ms. Martini's motion with  10 the Board made sufficient finding to deny the request for the SUP.  11  16 as second, and the motion was unanimously approved. 18 PLANNING DIRECTOR UPDATE  17  19 Planning Director, Richard Smith, provided an update regarding the Cannon Boulevard Corridor 20 Study stating that when Kannapolis was established, there was no zoning in place, SO the corridor 21 allowed for mixed-uses. Mr. Smith stated that staff will solicit feedback from stakeholders 22 regarding sidewalks, landscaping, intersection improvements, and replacement of the bridge at  23 Martin Luther King. Jr. Avenue. 25 OTHER BUSINESS  24 27 29 30 ADJOURN  26 Mr. Smith provided an update regarding pending cases for June and July.  28 Mr. Smith responded to questions regarding the Rogers Lake flyover and downtown development. 31 There being no further business, Vice-Chair Sides made the motion to adjourn, seconded by Mr.  32 McClain, and the motion was unanimously approved. 34 The meeting was adjourned at 6:20 PM on Tuesday, May 7,2024.  33 35 36 37 38 39 40 Pam 41 Board of Adjustment 42 43  / Board of  Bdes Vic-Chown  HEs  Adjustment  Secretary  BS2  City ofKannapolis Board of Adjustment May 7,2024    KANNAPOLISBOARDO, ADJUSTMENT DATE: APEPMEPANDFED $/7/2097 SECRETARY: Zomsugpz  STATE OF NORTH CAROLINA CITY OF KANNAPOLIS  INRE: Southeastern Recovery Center LLC Property: 3148 Barr Road Concord, NC: 28027 APPLICATION # 2024-06-BOA  ORDER FOR. A SPECIAL USEI PERMIT  THEI BOARDOF. ADJUSTMENT fort the City ofKannapolis, North Carolina having held aj public hearing on April 2, 2024, to consider a request for a Special Use Permit (SUP) to allow for a Residential Care Facility in the building ("Building") and property ("Property") located at 3148 Barr Rd. Pursuant to Table 4.2.B(5) of the Kannapolis Development Ordinance, a SUP isr required for Residential Care Facility in the Residential 1 (R1) zoning district. The Property is 1.41 +/- acres andi is more specifically identified The applicant, Southeastern Recovery Center LLC., is requesting a Special Use Permit (SUP) to allow for a "Recovery Residence" in the Residential 1 (R-1) zoning district on the Property and further On the Special Use Permit application, the applicant specified that the proposed use will be a "Recovery Residence." A "Recovery Residence" is not a use that is defined in the KDO. Based upon the applicant's submitted description of the facility and its expected number of residents, seventeen (17), the use would be considered: a "Residential Care Facility" under the KDO as defined below:  as Cabarrus County Parcel Identification Number 46927680540000  identified as Cabarrus County Parcel Identification Number 46927680540000.  "Astaffedy premises atdagleomiydclng with! paid or volunteer: staff that provides full-time care to more than 6 individuals. Residential care facilities include dependent and/or independent living facilities, group homes (N.C.G.S. 131D), residential child-care facilities (N.C.G.S. 131D-10.2), assisted living residences (N.C.G.S. 131D-2), adult care homes (N.C.G.S. 131D2), retirement housing, congregate living services, assisted living services, continuing care retirement centers, skilled nursing services, and orphanages. This term excludes The following were accepted into evidence to constitute a part of the record in the matter:  family care homes and nursing homes. " 1. Special Usel Permit Application 2. Vicinity Map 3. Zoning Map 4. Future Land' Use Map 5. Conceptual Site Plan 6. Elevation Rendering 7.I List of Notified Properties 8. Notice to Adjacent Property Owners 9. Posted Public Notice 10. Photographs of3148 Barr Road (Applicant) 13. Supportive Housing Studies (Applicant) 14. Cabarrus Health Alliance Septic Permit (City)  11. Request for Reasonable Accommodation December 13, 2023, Letter (Applicant) 12. Response to Request for Reasonable Accommodation January 14, 2024,Leter(Applican),    The Board considered the approval criteria required by Section 2.5.A(5) of the Kannapolis Having heard all the evidence and arguments presented at the hearing, the Board makes the  Development Ordinance. following FINDINGS OF FACT:  1.  Thej proposed special use will be in harmony with the area in which iti is to be located and  in general conformance with the City'sLand Use Plan.  (a) The Building appears to be constructed as a single-family home.  (b) Testimony provided indicated a use of the Building which did not resemble a single- family home. It was characterized more as a business with short-term lodging for (c) The use is not consistent nor in harmony with existing and surrounding uses because ofits intensity with as many as seventeen occupants in the Building. (d) The Building is occupied overnight by no less than seventeen individuals. Adequate measures shall be taken to provide ingress and egress: SO designed as to minimize (a) The proposed use is not anticipated to cause any traffic hazards or traffic congestion. The proposed use shall not be noxious or offensive by reason of vibration, noise, odor, (a) Itis not anticipated that the use ofa Residential Care Facility at this location would create vibration, noise, odor, dust, smoke, or gas that would be noxious or offensive to  composition.  2.  traffic hazards and to minimize traffic congestion on the public roads.  3. dust, smoke, or gas.  the surrounding area.  4. The establishment of the proposed use shall not impede the orderly development and improvement of surrounding property for uses permitted within the zoning district.  (a) The use ofal Residential Carel Facility as proposed in the application for this site would not impede orderly development or improvement of surrounding property as the majority ofthe properties ini this area are fully developed with single-family residences. The establishment, maintenance, or operation of the proposed use shall: not be detrimental (a) Credible testimony was offered that the Building has a Cabarrus County septic tank permit for a residential structure with three bedrooms. As proposed, and as currently being used, the Building has six bedrooms and no less than seventeen occupants.  5.  to or endanger public health, safety, or general welfare.  6.  The proposed use complies with applicable provisions of the KDO. (a) The proposed use fails to comply with certain provisions of the KDO.  (1) The proposed use would be located in a single-family residential structure.    (2) The proposed use is not consistent or in harmony with existing and surrounding (3) Applicant applied for a non-existent classification as a "Recovery Residence" and (b) Residential Care Facility (KDO definition). A staffed premises (not a single-family dwelling) with paid or volunteer staff that provides full-time care to more than 6 individuals. Residential care facilities include dependent and/or independent living facilities, group homes (N.C.G.S. 131D), residential child-care facilities (N.C.G.S. 131D-10.2), assisted living residences (N.C.G.S. 131D-2), adult care homes (N.C.G.S. 131D2), retirement housing, congregate living services, assisted living services, continuing care: retirement centers, skilled nursing services, and orphanages. This term  uses.  does not otherwise meet alternate KDO: facility definitions.  excludes family care homes and nursing homes.  Based upon the above Findings of] Fact, the Board makes the following Conclusions ofLaw:  (a) That the use ofthe Building by the Applicant falls within the definition as al Residential (b) That the Building located at 3148 Barr Road is a single-family dwelling; (C) That al Residential Care Facility is not permitted in a single-family dwelling. (d) That the Applicant's request for a Special Use Permit was submitted for a "Recovery (e) That the Applicant' s request during its public hearing presentation for a "reasonable accommodation" pursuant to the federal "Fair Housing Act" is not within the authority ofthel Board of Adjustment as the request for reasonable accommodation wouldi require The Board finds that occupation of the Building by seventeen individuals using six bedrooms is a material violation of the county septic tank permit and presents a significant public health risk and therefore is a danger to public welfare.  Care Facility under the KDO;  Residence" which is not a use defined in the KDO;  an amendment to an adopted ordinance;  Based on the above FINDINGS OF FACT and CONCLUSIONS OF LAW, the Board finds that  the requirements oft the KDO have not been met and the application is hereby DENIED.  This the 7th day of May, 2024.  -  Eg7  Bp