STANLY) COUNTY Maten Aa4 Land Sicsenn. Stanly County Planning Board October 10, 2023 Meeting Minutes  Call to Order Chair Jay Eckman called the meeting to order on September 11, 2023 at 6:30 p.m. in the Gene Stanly County Planning Board members attending David Underwood, Jay Eckman, Michael Williams, Joel  McIntyre meeting room at 10001 N. First Street, Albemarle, North Carolina.  Mauldin & Kevin Brickman Excused: TJ Smith & Tim Fesperman  Stanly County Planning Staff Attending: Bob Remsburg, Planning Director & Bailey Cline, Planner 2 Chair Eckman asked ift there were any conflicts of interests with the items tol be heard due to financial or personal  relationships. There were none There were none.  Chair Eckman asked ift there were any other additions to the agenda that the board needed to consider.  Chair Eckman asked for ai motion to approve the proposed agenda.  Motion: David Underwood Second: Michael Williams Approved: 5-0  Chair Eckman asked for ai motion to approve the minutes from September 11, 2023.  Motion: Michael Williams Second: David Underwood Approved: 5-0  Chair Eckman shared that the first item on the agenda was CR 23-02, a request by" Tony Mauldin to rezone an approximately. .75 acre portion ofap parcel located at 39117NE Connector and containing 9.49 acres from RA  (Residential Agricultural) and] R20 (Residential) to a Conditional Zoning District. Chair Eckman invited county staff to share the details of this request.  Bob Remsburg shared thei following:  This is al little different than what previously requested. .75 acres instead oft the 6 acres that was previously requested before fort the parcel at 39143 North East Connector from RA and R201 toa a Conditional District. The idea oft the conditional district is thati it would be specific for the produce stand. You were provided with a survey this evening that shows where the. .75 acres is. The access is from the North East Connector which sees about 300 vehicles per day. Its current use is aj produce stand which is operated under al Rural Home Occupation permit. If they are wanting to continue this use and Mr. Mauldin wants to sell it then it needs tol be rezoned because that home occupation permit would no longer be allowed without him being the operator. City limits are about 6501 feet    south oft this property and those parcels are mostly zoned R10. Iti isi in aj primary growth area per the Stanly County  Land Usel Plan and it would have to comply with agreed upon conditions.  Mr. Remsburg went over thep proposed conditions.  Mr. Mauldin has to agree with these conditions and that they are okay with him. Mr. Remsburg displayed maps of the property to show thej proposed area.  Ifyou want to add some conditions or subtract some you can. Itis up to this board with the agreement ofl Mr.  Mauldin.  Mr. Remsburg asked ifthere were any questions.  Jay Eckman "you said that hei is compliant with all oft the commercial building codes as ofi now?" Mr. Remsburg "That is my understanding. Thel buildings that are currently used werel built to commercial  standards."  There were: no further questions.  Chair Eckman invited Mr. Mauldin to speak concerning his request.  Mr. Mauldin shared the following:  Idon't see anything wrong with this. The only thing that I saw when it comes to what we are selling, we dos sell flowers also. I don't see anything wrong with the rest of the list. We do eggs, dried beans, country ham, sweet  potatoes, cucumber, sausage, homemade pimento cheese and chicken salad." Chair Eckman "Do we need to add flowers to that list?" Mr. Remsburg "We can certainly addi them to the list."  David Underwood "I think the word locally is aj pretty broad term and would cover that." Mr. Remsburg "I personally skipped locally for the fruits and vegetables becausel based on what you are selling it may not be grown locally such as oranges coming from Florida. We don't! have to say local at all."  Mr. Mauldin "Itryt tol keepi it as close to home as possible."  Chair Eckman "That leaves ag gray area because are apples from the mountains considered local?" Mr Remsburg "You are right, I would say wej just take local out of the whole thing." "  There were no further questions for Mr. Mauldin  Chair Eckman invited any speaking ini favor of the request to come: forward. Chair) Eckman invited any speaking against the request to come forward.  There were none.  2    There were: none. rezoning request.  Chair Eckman entertained a motion toi recommend to the County Commissioners approval or denial oft this Motion: Michael Williams made a motion to approve the request because the: zoning will allow the continued use oft the parcel for thej produce stand and protect the harmony of the neighborhood. Also, I want my motion to include the changes that were made by removing the word locally and adding flowers into the list of conditions.  Second: David Underwood Passed: 5-0  Chair Eckman' "The Board of Commissioners willl likely consider this request following al legislative public hearing Chair Eckman introduced the second item on the agenda, aj proposed Text Amendment tos section 13.3 ofthe Zoning Ordinance and section 66-5 of the Subdivision Ordinance to define "Substantial Expenditure".  at their meeting scheduled for Monday, November 26, 2023 at 6:001 PM."  Chair Eckman invited county staff to share the details of this proposal.  Bob Remsburg shared the following:  We discussed this at length at the last meeting andl I played around with it and researched it. You all had mentioned 10 percent as a possible number, 15 percent was mentioned also. I am flexible on what you all decided. We really couldi insert a sentence in the text to reflect the percentage you choose. "Substantial Expenditures a common law vested: right is established if thes substantial beginning of construction in which the owner/developer would suffer undue losses ifrequired to comply with any new requirements created after an application for property improvement has been accepted. Undue losses shall be 10% or more of estimated expenditures for thej project. Expenditures oft time, labor, and energy as well as expenditures of money or actual construction may be considered in establishing a common law vested right. (excerpted from pp. 337-338; Land Usel Law, third edition, David W. Owens, 2020)" All oft this is excerpted from thel book written by Dave Owens from the School of Government except for the part regarding 10j percent or more. Does that potentially meet your expectations or are we still offi in David Underwood "It does, but Ihave a question. Expenditures oft time, what are wei talking about? Isi it my David Underwood "So, you are saying ifI spend 5001 hours on aj project I put an estimated value on my time?" Mr. Remsburg "Correct. That goes back to thel last sentence you see. I am getting that language from thel Land  adifferent territory?" time?"  Mr. Remsburg "T would think that is the answer, yes."  Use Law book."  Michael Williams "I don't understand the energy part."  Mr. Remsubrg "We could potentially eliminate that I suppose. Whati is energy in this case?" David Underwood "Are we talking paid expenses here? Because technically my time is not! paid." Bob Remsburg Well you can self contract so you are: not going to bill yourselff for that time but on the other hand  your time is value."  3    David Underwood "I agree but thej problem is there is no way tos seet that. I can sayl Ispent 5001 hours but you don't Jay Eckman "Iti is like the one project we had, she could have gone out and bulldozed the whole property andi it  know."  did not costl her anything other than diesel. How do we determine that?" Michael Williams' "You could clarify thel labor part as paid labor." Jay Eckman "But ifs she put all oft that time in, it is still al loss tol her."  Joel Mauldin "Ify you have aj project like a subdivision and you say that it cost you 200,000 dollars. Ify you are the owner contractor you are going to break it down into different sections and do cost plus 10 percent. Ifhel has not gotten where he needs tol be then he can factor in his time for those sections. Ifhe has spent 20,000 dollars then he iss saving himself 10j percent oft that and would billable time to anyone else. That would be a way to justify how Mr. Remsburg T understand and it does create a gray area but Id do think it could be a problem if you don't include  much time and money."  that becausei iti is al legitimate expense."  David Underwood "Can we drop the energy part out?"  Mr. Remsburg "You can, but of course. Jay just said something about the cost of diesel and I am thinking where would that go. Buti it could be considered an expenditure ofmoney. So we are dropping energy. Anytime any of this comes up there is always ai remedy andi it can be appealed to thel Board of Adjustment or Superior Court and  leavei it up to thej judge."  David Underwood "Ifwe take energy out then I don't have aj problem with it." David Underwood "Would that not! be under actual construction?"  Kevin Brickman' "Should we: replace energy with materials so1 that it says time, materials and labor?" Kevin Brickman' "Yes, but ify you include it then you are saying that you already have it andi iti is in storage Mr. Remsburg "I see where hei is coming from. Just likei ifyou bought thel HVAC unit and you are waiting for Joel Mauldin "T mean if wel have a developer come in they will have consultants and attorneys before it even gets  somewhere waiting tol be used."  construction to catch up andi have iti in storage."  to the commissioners and that will be as substantial cost already." Chair Eckman "Is 10j percent a good number?" itwill go through quicker than this anyways."  Joel Mauldin "I don't think there is anything wrong with that number, Ijust think that ifiti is a big enough project  Chair Eckman "I don't have enough experience in this to know ifiti is a good number or not." David Underwood "Ifthey are going to put 10j percent of the value on most oft the subdivision that we do then that is going to be a substantial number. I think the word energy can be taken as putting your personal energy into  it. Soifv we switched that to materials It think it would work better."  4    Mr. Remsburg "So, we did not put this as a case number but if you are ready you could make ai recommendation oft this to the commissioners and we will do the rest. I thought until we: nailed it down Idid not want to puta Motion: David Underwood made ai motion to define substantial expenditure with the suggested changes and to  number with it." assign the case number. Second: Michael Williams Passed: 5-0  Chair Eckman introduced the third item, aj proposal to amend Section 405 oft the Zoning Ordinance to require one parcel ofl land for each primary dwelling unit or require al larger parcel and as site-built home before allowing a  manufactured home on the same lot.  Chair Eckman invited county staff to share the details of this proposal.  Bob Remsburg shared the following:  We discussed this last time as well. Wel had Commissioners express concern about the text that allows individuals with two acres or more to have two dwellings on thej property as long as you meet setback and access rules or you could have a sitel built home and a mobile home on the same property. Ifyou go back about 25 years ago, the language there actually allowed 3 homes and did not designate what kind of! home as long as ity was 2 acres or larger. There are still some places in the county that have 31 homes on aj parcel. The same with the two, you do see this some of the timel but not alot. Thinking about the RA district and Rural Preservation Area and some oft the changes that were made with the 3 acre rule unless iti is a family subdivision. I did look around and saw that Cabarrus only allows for one primary dwelling per parcel, Rowan does allow two homes per lot. Itt talks abouti it being a secondary dwelling unit and we do allow thati in all residential zoned districts as well. Think about like a garage apartment but iti is limited tol half thel heated square footage of the main dwelling or 800 square feet whichever is less. The only way: you can get around thati is by making it an Chair Eckman "So what if someone has al house and they want toj put a guesthouse on thej property...ifity was Mr. Remsburg "Correct. So,i ify youl have a 2,000 square foot home then you would bel limited to 800 square feet. It can be a separate home or it can be attached like a garage apartment as long asi iti is under 800 square feet. Ifyou have a 12 or 1500 square foot house then you would be limited to 600 square feet. Building code Thel Board continued to discuss Accessory Dwelling Units and what the current requirements are. Mr. Remsburg "So, based on our last discussion Ilooked at this and said we basically have three options. You don't have to do anything with it, you can eliminate it and make itj just one. home per parcel or you can: make it to where one of the homes has to be sitel built. Ify you want to allow a second home on thej property that is large enough then the homes have tol be atl least 50 feet apart so ift thel lot was split then they are at least 251 feet from  addition to thel house. We do not: regulate the size ofhomes on lots." over 800 square feet then they would notl be able to do it?"  only lets you get to 320 square feet."  thej property lines."  Mr. Resmburg displayed the current language regarding two dwellings on one parcel.  5    David Underwood "Our problem ist that are we going to allow a manufactured home on the same lot witha  stick built home."  Jayl Eckman "I definitely don't want to see two mobile homes on the same parcel."  Joel Mauldin' "Why are we dictating that you cannot have two stick built homes on the same parcel?" Mr. Remsburg "The only explanation that Ihave ever heard that makes some kind ofs sense is dealing with the tax law. That is that a sitel built homei is real property where ai manufactured home is personal property. The idea is that you would only have one real property dwelling on a property as opposed to two." David Underwood "T amj just not sure ifwe are stirring up a can to make it worse than make itl better.I am just not sO sure we are doing a good thing. There is no way Iwant to allow twoi manufactured homes." Mr. Remsburg "The commissioners' concern is that there would be alot ofr mobile homes around because you David Underwood "Why don't we go to three acres and require that one be stick built. Idon't want to see two Mr. Remsburg "But there are times where that may bel helpful for ai family that needs tol be close."  can have two of them on aj parcel 2 acres or more: right now."  manufactured homes."  David Underwood "I would rather them ask for an exception for that."  Motion: David Underwood made a motion to amend section 405 to allow for one site built dwelling unit and  one manufactured dwelling unit on 3 acres or larger.  Second : Kevin Brickman Passed: 5-0 something withi it."  Chair Eckman "I believe that we dor need tol look at the accessory dwelling unit section andj potentially do Mr. Remsburg "T think you could expand it a little bit but you have tol be careful because is thatj just becoming Mr. Remsburg "One suggestion is that you get rid of the 800 square foot language andj just say that it can only  as second home on thes same parcel?"  Chair Eckman "Yes, and that is what wei need to discuss." bel half the square footage of the main home." Chair Eckman entertained: ai motion to adjourn. Motion: David Underwood Second: Kevin! Brickman Passed: 5-0 Time: 7:27PM Chair, ckngan Clerk, Bailey Emrich  F