STANLY COUNTY Wacer. Ain Lard.. Succesr.  Stanly County Planning Board March 14, 2022- Meeting Minutes  Call to Order Chair. Jay Eckman called the meeting to order on March 14, 2022 at 6:30 p.m. in the Gene McIntyre meeting room at 1000 N. First Street, Albemarle, North Carolina. Bailey Emrich: served as Stanly County Planning Board members attending David Underwood, Michael Williams, Tim  Clerk oft the meeting.  Fesperman, Jay Eckman, TJ Smith, Kevin Brickman  Absent: Joel Mauldin  Stanly County Planning Staff Attending Bailey Emrich, Planner 2  Chair Eckman announced the first order of business was for the new: member oft thel Planning Board,  Kevin Birckman to be sworn in.  Bailey Emrich conducted the swearing in ceremony.  Chair Eckman asked ift there were any conflicts ofi interests with the case to be heard due to financial or  personal relationships. There were none  Chair Eckman stated the agenda had a couple of additions from the one that was mailed out in thej packet. Chair Eckman asked ift there were any other additions that the board needed to consider. There were none.  Chair Eckman asked: for a motion to approved thej proposed agenda  Motion: David Underwood Second: TJ Smith Approved: 6-0  Chair Eckman asked for ai motion to approve the minutes from January 10, 2022.  Motion: David Underwood Second: Tim Fesperman Approved: 6-0  Chair Eckman stated that the board will consider three items. The items will include hearing ofany comments and recommendation ofa request to rezone aj parcel onl NC: 24/27 and: make a recommendation on at text amendment regarding Short-Term Rentals and a text amendment regarding community: meeting  requirements for Conditional Zoning requests.    Chair Eckman introduced the first item on the agenda, ZA 22-06.. A request from Nathan Soltis to rezone 6acres ofa 55.75 acre parcel located at 24344 Hwy. 24/27, Albemarle from RA (residential Agricultural)  to GB (General Business).  Chair Eckman invited county staff to share the details Bailey Emrich shared the following:  Nathan Soltis has requested the rezoning of 6 acres ofa55.75 acre parcel located at 24344 Hwy. 24/27, Albemarle from RA (Residential Agricultural) to GB (General Business). This parcel is owned by Leudith Whitely Underwood. Thej purpose of the rezoning is to allow for Mr. Soltis' concrete finishing company. Section 610.1 oft the Stanly County Zoning Ordinance allows for "Contractors offices and storage yards". This would apply to Mr. Soltis' desired use for the 6 acres because he plans to use this as as storage and office space for Soltis Concrete Company. Please see the enclosed map for the areat tol be There is currently ai residence and: multiple outbuildings on the property. Mr. Soltis does plan to add one morel building on the property to serve as a garage and office. Mr. Soltis does plan to potentially build his own residence on the rear portion oft the property that will still be zoned RA (Residential Agricultural). This] property does have access toj public water along NC: 24/27 and is located in a growth area per the Stanly County Land-Use Plan. Traffic on Highway 24/27: near Efird Road is 13,500 vehicles per day as Mr. Soltis willl have to meet all required setbacks, buffer, fencing, signage and parking regulations as listed in the Stanly County Zoning Ordinance. There will be ai required 10 foot vegetative buffer between the proposed commercial district and any abutting residentially zoned district. Ife existing vegetation is available that could potentially be used inj place of the required buffer no additional vegetation would be required. Mr. Soltis will have to obtain any required permits in order to renovate the existing buildings Adjoiners within 100 feet oft thej property were notified oft the rezoning. I did not receive any phone calls, Idid! have one person come in and ask me about it but it was not out of concern, more SO questioning what was happening. The maps that are displayed show yout the aerial view and the: zoned view. From the zoned map: you can see that there are parcels nearby along 24/27 that are M1, which is light industrial as  rezoned.  reported by NCDOT in 2020.  into a commercial use.  well as HB, Highway Business.  Ms. Emrich went through the slideshow that showed the different map displays.  Chair Eckman asked ift there were any questions for staff.  There were none.  Chair Eckman invited representatives ofl Mr. Soltis or any others speaking in favor to come forward.  Greg Underwood shared the following:  My mother is one of the owners oft thej property. Wel have had this for sale for some time. After speaking with our real estate agent, Amenda Cody, she has gone in depth with me about what Mr. Soltis is going to do with this property. When 24/27 was four laned, J.T. Russell & Sons leased the house from us for an office space for approximately two years. It was not rezoned at that time and there were no other buildings built. It recently has just been used as ai rental home but now iti is empty. The house definitely need ai few things to be done in order to use it as an office space but based on the age ofthel home iti is in    pretty good shape. As far as the outbuilding goes, iti is going tol be on the backside oft the property and to my knowledge there are 7 or 8 other buildings on thej property and he could use. The kind ofe equipment hei is using may need something a little larger than what my grandpa built here years ago. To my knowledge the only thing hel has left to be done on thej property is getting it perked and) I think since iti is almost a 56 acre site that won't be aj problem. Ihave spoken with the neighbors around and one ofthem is Mr. Whitley currently owns al business that is Highway Business and he is not aware ofanyone around that would have aj problem with it. Iam very familiar with the property and I grew up on it. Iwilll be Chair Eckman asked ift there were any questions from the Board for Mr. Underwood. Chair Eckman invited anyone else present to speak concerning the request to come forward.  happy to answer any questions.  There were no questions for Mr. Underwood.  Linda Troutman asked' 4 Will this affect the taxes on my property?" someone to contact ifyou would like to confirm that."  Bailey Emrich stated "T would not imagine that it would, but I can provide you ai name and number of Linda Troutman asked "Has DOT said if they are, going to do anything with that road, like create at turn TJ Smith stated' "Ibelieve DOTI has done all they are going to do there but that would be a question for  lane?"  them, sO I would contact them for that."  Chair Eckman asked ift there was anyone else present who would like to speak  There were none.  Chair Eckman asked for a motion of approval or denial  Motion: TJ Smith made a motion to recommend approval ofZA 22-06 because it is located in: a growth area, is consistent with the Stanly County Land Use Plan and will promote economic  development within the county.  Chair Eckman asked if there was any discussion.  David Underwood stated, Ithink it was the right decision to approve it. We just need to remember that when we do rezone stuff like this that since iti is commercial there is no telling what it could be later. But, there are already industrial and commercial properties nearby and it is on 24/27.Ithinki it was a good motion and there is no objection in this case. Once we change it andi ifs something were to happen andi it TJ: Smith asked' "Bailey, just for my information ifi it were tol be a concrete mixing, it would have tol be Bailey Emrich stated "Right, sO ifit were to pass today for General Business as a Contractors office but later they decided they wanted to do the concrete mixing there as well, it would have to be rezoned again tol Heavy Industrial which is M2. It would go through the same process." David Underwood stated "We need to stay aware of the decisions we: make now because once they change they will not likely go back. But, Ii feel like you made the right motion."  does not follow through, it could be anything in that zoning district. industrial and they would have to come back and talk to us?"    Chair Eckman asked for a second to the motion.  Second: Kevin Brickman Passed: 6-0  Chair Eckman stated the Stanly County Board of County Commissioners will hear this item at Chair Eckman introduced the second item on the agenda, ZA 22-08 aj proposed text amendment to the Zoning Ordinance to modify the requirements for Community Meetings priort to the Planning Board meeting for a Conditional Rezoning. The Chair asked Bailey Emrich to present the staff report on the  their April 4, 2022 meeting at 6:00 PM.  proposed language change.  Bailey Emrich shared the following information.  The Stanly County Zoning Ordinance currently requires that any applicant for a Conditional Zoning District must hold a community meeting prior to the submission ofa an application for rezoning. The owner or developer is required to notify all the adjoiners to the property at least 14 days before this community meeting. The current language also requires that the Planning Department receive the application for a Conditional Zoning District at least 25 days in advance oft the Planning Board meeting. The result is a significant delay in thej process. A requirement for a community meeting, especially for a single lot conditional district, seems unnecessary since there willl be aj public meeting with thel Planning Board and a legislative hearing before the Board ofCommissioners. The Planning Department staff already has the authority to reject or delay an incomplete application and should not treat ai request for Conditional Zoning differently from other rezoning requests. This suggested change would amend the language to encourage a community meeting for al Major Subdivision that applies for a Conditional Rezoning buti it would not be a requirement. Planning Department policy is to notify all property owners within 100 feet ofa any proposed rezoning prior to the meeting oft the Planning Board. NC General Statutes require notification prior to the Board of Commissioners' legislative hearing between 10 and 25 In the several cases approved sO: far, the time constraints created by this requirement have been difficult to work around. The public meetings have been poorly attended. The City ofLocust does many Conditional Zoning cases and does not require a community meeting in advance of the Planning Board  days in advance.  meeting.  Chair Eckman asked if there were any questions for County Staff.  There were none. There were: none.  Chair Eckman asked ifthere was anyone present to speak for or against ZA 22-08.  Chair Eckman asked for a motion of approval or denial. Motion: David Underwood made a motion to approve the request.  Second: TJ Smith Approved 6-0    Chair Eckman stated the Stanly County Board of County Commissioners will hear this item at Chair Eckman introduced the third item on the agenda, ZA 22-09 Text Amendment to the Stanly County Zoning Ordinance to clarify that notification is required ofall property owners within 100 feet ofthe  their April4 4, 2022 meeting at 6:001 PM.  parcel containing a Short Term Rental.  Chair Eckman asked county staff to share the details oft the request.  Bailey Emrich shared the following:  This Amendment would add three words to clarify that notification oft the adjoining and nearby property owners as shown below. This is simply a clarification to the language recently adopted. The Planning Board unanimously recommended approval oft this text amendment at their meeting on March 14,2 2022. Section 423.3.B(b)3): requires a signed statement by the STR owner attesting that thej property owners within 100 feet of the parcel containing the STR were notified oft the intended STR use. The sworn statement shall include al list of the names and addresses oft the property owners who received notice. The  notice from the STR owner to nearby property owners shall include:  a. Street address of proposed short-term rental; b. A: statement that the owner is applying for an STR permit. C. Name and contact information for the owner; not aj permanent resident of Stanly County; and e. Maximum allowable occupancy for the property.  d. Name and contact information for the designated responsible party ift the owner is  We recently had an individual that applied for a Short Term Rental to point this out to us because they understood it as 100 feet from the actual home and there was no one within 100 feet from the residence. This would help clear up the confusion that it is actually from thej property lines, not the home itself.  Chair Eckman asked if there were any questions for county staff.  There were none. There were: none.  Chair Eckman asked ift there were any parties present wishing to speak concerning this request.  Chair Eckman asked for a motion of approval or denial. Motion: TJ Smith made a motion to approve the request.  Second:Tim Fesperman Approved: 6-0  Chair Eckman stated the Stanly County Board of County Commissioners will hear this item at  their April 4, 2022 meeting at 6:001 PM.  Chair Eckman asked ift there was any additional business. Chair Eckman entertained a motion to adjourn.  There was none.    Motion: David Underwood moved to adjourn the meeting.  Second: TJ Smith Approved: 6-0 Adjourned: 7:101 PM  f  Chair,J Jay/Eckman Clérk,Bailey Emrich E18