STANLY COUNTY Wacen Ain Lard. Succest. Stanly County Planning Board February 7, 2023 - Meeting Minutes  Call to Order Chair Jayl Eckman called the meeting to order on February 7,2023 at 6:30 p.m. in the Partnership for Children meeting room at 1000 N. First Street, Albemarle, North Carolina. Stanly County Planning Board members attending David Underwood, Tim Fesperman,: ,Jay  Eckman, Kevin Brickman, Joel Mauldin, TJ Smith & Michael Williams  Absent: none Planner 2  Stanly County Planning Staff Attending Bob Remsburg, Planning Director & Bailey Emrich, Chair Eckman asked if there were any conflicts ofi interests with the case tol bel heard due to financial  or personal relationships. There were none There were: none.  Chair Eckman asked ift there were any other additions that the board needed to consider.  Chair Eckman asked for a motion to approve the proposed agenda.  Motion: David Underwood Second: T.J.Smith Approved: 7-0  Chair Eckman asked for ai motion to approve the minutes from November 14, 2022.  Motion: Michael Williams Second: Kevin Brickman Approved: 7-0  Chair Eckman shared that the board will consider four text amendment requests. The first item isa request by Planning Department staff to amend section 601.1 and 617.1 of the Stanly County Zoning Ordinance to permit temporary use of camper trailers in Manufactured Home Parks. Chair Eckman invited county staff to share the details of this request.  Bob Remsburg shared the following:    We have had this request from a couple of different manufactured home park owners. Iti is kind of related to two different factors. One is the continued need for more places for contractors to park their campers and the other is for manufactured home parks that have vacancies to have an additional source ofrevenue. It would allow an existing manufactured home park on 10 or more acres to rent out a space for a camper for 101 months. We've had this brought to us from the manufactured home park owners. Environmental Health is] pretty clear that you can only hook up one camper per existing system. Obviously, they would have to have their connections like you would in a campground. Everything will have to meet code. The other wording in this would be only hard sided campers. There would not be any pop up campers or tents. The parks are inspected annually, which is every 12 months. Thati is when a note would be made oft the campers that are there and then there would be a Campers would have to meet the RV campers association and national fire protection standards. You cannot bring a homemade camper or something that's 50: years old and doesn't meet code. Every camper that is accepted and produced now generally has that RVIA label on it. That guarantees some amount of fire safety. That was one oft the concerns Ihad about this was fire safety because they don't meet minimum housing and they don't meet HUD. This was a way to meet some of those standards. You will see that we have a slash through 617.1 and that is the Mobile Home Park section oft the zoning ordinance. Reviewed that this afternoon and discovered that we do not have a mobile home park in Stanly County that is in aj mobile home park district. All parks in Stanly County are: in the RA district. The ordinance was created in 2000 and the last Mobile Home Park was approved in 1999.  violation because it has been over that 10 month period.  The ordinance for ai new: mobile home park is pretty extensive. David Underwood "Is this not the same thing we did down in Oakboro?"  Bob Remsburg "Iti is similar but that was in the General Business district and was for contractors." TJ Smith "This is to allow campers that are not meeting minimum housing to be set up temporarily in aj park? Who makes sure that they are temporary and what certifies them to be temporary?" Bob Remsburg "Obviously that becomes tricky as the park owners are: responsible for that. You track who isi in and out. That is a rule in the campground ordinance, 10 months. All wel have are David Underwood "So you said 10 contiguous months, but what happens ifI pull out and leave?I  Norwood and Cotton Patch Gold Mine for campers. can just move a spot down and park again?" Bob Remsburg "Possibly."  TJ Smith "Do we have thej power to do a text amendment on that?"  Bob Remsburg "Yes, this is a suggested language. So, ify you think something needs to be amended  you have the power to do that."  2    TJ Smith "Iam not against a trailer at all, Ig grew up in one. Ijust know how some ofthese people will take full advantage oft this. Iknow in my world that becomes tricky and can be nothing but trouble. Isay that from a law enforcement perspective also. There: needs tol be some type ofrules if  we can do it. People will throw them in there like dice and stack them up." Chair Eckman invited Anthony Efird to speak on the request.  Anthony Efird "My mobile home park probably needs some work done on it. One: reason Ih haven't done work on it is because I am wanting to see what is going to come out ofthis. Ihave mobile homes that are sitting empty. I am not going to rent a mobile home to somebody with al lot ofwork that needs tol be done. IH had one: renter that owned her own mobile home and it was inl horrible shape and I was talking tol her for a year to get her somewhere else tol live. Ini that park I am looking toi tear down four mobile homes. Iam looking to have another income come in with what II have got already. Iwant to make it a good facility because I1 live one: mile away from it. Igot one park that has 11 spots ini it. Iti is all on one tract. Ihave another one that has 32 spots in it and some of those are empty.I haven't been trying to get just anyone in there but I have good people in there. The county has people who are coming in and looking for a place toj put a camper while they are working on these big projects. Ihave not put one camper in my park, but there are campers inj parks in Stanly County already. Ir refuse to do it without getting the: right approvals. The day that it is passed I will start work on what I need to do. Iknow that y'all expanded sO that thej park in Oakboro could doi it and the Gold Mine was also expanded. There is nowhere besides Morrow Mountain to put a camper, but this would be an option for someone to rent. Ifyou all pass this Iwill make mine presentable." TJ Smith "As long as it is done right but thej problem is there are some who will take full advantage  ifwe do not put these rules in place. That is my only worry." David Underwood "Are you using existing lots or creating new lots?"  Anthony Efird "I will tell you what I would like to do. Ihave a small park that is 11 lots. My goal is to take the best mobile homes from that park and move them. I would like to take that one park and use: itj just for campers. For the bigger parks, Iwould just make one section for the campers."  David Underwood "Do you charge a set up fee?" Anthony Efird "No, there is no set up fee."  David Underwood "So, Icould just take my camper and move it down a few spots ifI don't like my Anthony Eifrd "Or you could go to another park. You were talking about these construction jobs and Chair Eckman asked for a motion from the Board to: recommend approval or denial to amend section 601.1 oft the Stanly County Zoning Ordinance to permit temporary use of camper trailers in  spot?"  some oft those do last for a year."  Manufactured Home Parks.  3    Motion: TJ Smith made a motion to approve the temporary use ofcamper trailers in  Manufactured Home Parks. Second: Michael Williams The Board discussed the item  Chair Eckman "My thoughts are Ia am not opposed to it at all but It think we need to clean up some oft that stuff by moving to a different lot and resetting the clock for that. Ifiti is 101 months and you Bob Remsburg' "We do an annual inspection on Mobile Home Parks and sO my thought there is that when that is done we probably will take a picture ofe every camper ini the Mobile Home Park sO we  move to a different lot does that time start over?"  know what lot they are on."  Michael Williams "Where did that 10 months come from?" Bob Remsburg a It is in the campground section of407.5." construction project goes for a year and al half?"  Michael Williams "The concern that II have there with the 10 months is how would we handle itifa  TJ Smith "Are we opening the door for the people who want to do it wrong?" on the same campsite for longer than 10 months in a 24 month period."  Bob Remsburg "The language ini the campground ordinance says that no camper trailer can remain David Underwood "So, that means only the campsite sO they could move to another spot in the David Underwood "So, say I am in my camper for 14 months and you find out. What are you going Bob Remsburg "We don't do anything to you, we do it to the park owner. We will cite him and fine him. 50 dollars the first day everyday then 200 dollars a day and then 500 dollars a day." Chair Eckman "What about requiring aj permit for this and then there is aj permit for when they have  campground." to do to me?"  tol be out oft there."  Bob Remsburg "We could do that."  Anthony Eifrd' "Ify youl have people coming in on a weekend and then you are talking about a permit Chair Eckman "Okay SO then it would be more like a campground because it would bej just fora Bob Remsburg We can require a zoning permit but that means every time someone goes to set up ini the park they will have to come up here to get a compliance permit. A campground keeps a logj just  that won't work."  weekend and not an extended period oftime."  4    like you would if you were a hotel. So in a way we could say that part of the inspection is that we see David Underwood "The elephant in the room: is not the guy who comes in to stay for a weekend or the guy that is working for a construction company. Iti is the guy who will take advantage ofy you and Anthony Efird "I don't think most oft them can afford 30 dollars a day. Iti is 900 a month." TJ Smith "T feel like the compliance form is the only way that you will be able to manage something like this. Ic don't see an issue. It is sO much: more when you buy or rent al house. The least they could do is fill out a form. This man wants to do the right thing. There are some on our side oft the county  the log of people registered.  get a dilapidated camper and move into it."  who will take full advantage oft this."  David Underwood "The decision we: make now affects things for a long time." "  Tim Fesperman "We certainly want workers to come in and do the projects. We want people tol have places to go. Some oft those who will take advantage. You have to manage it and I don't know how  you do it."  Tim Fesperman "Do any other counties allow for this?" Bob Remsburg "I am unsure, Iwilll have to look."  Jay Eckman "I think the feeling is that we are okay with it, we arej just trying to figure out how to Bob Remsburg "We can add to what is written here, a line that says something to the effect oft those who rent lots for campers shall quarterly or semi annually present a log of tag numbers and lot numbers. Part oft the point oft the ordinance is sO that people are not set up permanently. The way it is Joel Mauldin "I am going to go back to what he was saying earlier about what he charges a month for them to be there. That is a lot ofi money and they are not going to just leave that thing sitting TJ Smith "I think that we do something like a picture or a form that we put together with the required information and the landowner keeps it. Thet text amendment says there is a required annual inspection. II like the picture oft the camper and the form ofe every bit ofinformation identifying the Tim Fesperman "I believe there needs to be something to track them but whatever we doi is not going to bej perfect. Ic can certainly see people coming in here and working. Iknow several people who have RVs and take them and stay in them. This makes sense to do it but how we doi it, Idon't want to be over burdensome not only for the parks but the county. Idon't think annual inspections will catch much. We are complaint driven sO ifsomeone calls we need tol hold their feet to the fire."  do it correctly."  written they could move to the next site over."  there. To come up with a cut and dry way to do this is hard."  camper.. It think that willl keep people honest and easier to manage."  5    David Underwood "Are we in agreement that the quarterly thing would work?" Bob Remsburg "Yea, some language like each mobile home park shall submit quarterly a log identifying trailers and assigned lots and the dates the lots were occupied which are tol be submitted TJ Smith amended his motion to approve the request of the temporary use of camper trailers in mobile home parks with additional language requiring each mobile home park to submit quarterly al list to the Planning Department which identifies camper trailers and assigned lots  to the Planning Department with photo."  along with the dates set up with photographic evidence.  Second : Kevin Brickman Approved :7-0  Chair Eckman shared that the commissioners will address this at thel hearing on March 6, 2023. Chair Eckman introduced the second item on the agenda is a request by Planning Department staffto make a' Text Amendment to section 407.2 (E) and (F) of the Stanly county zoning ordinance to permit the temporary use of camper trailers during the construction ofa a primary residence.  Bob Remsburg shared the following:  This is a question we. have had sO many times... at least 2-3 times a week. The question is posed: can Iput a camper on my property while I am building my home and the traditional answer is no, go to a campground. There are other jurisdictions that do this but are generally allowed in the case ofa severe emergency and sometimes it gives the authority to the Planning Director to declare it is a unique situation that requires this. This would require zoning compliance and would have to have an active building permit. Ifit expires and they do not continue construction they cannot keep living Tim Fesperman "We tried this at time or two on exception for hardship cases. But what you allow when you do that is a 50 amp service for the camper and sewer hook up. You: may tell them once the home is built that the trailer has to be moved. But the 50 amp circuit and the sewer hook upi is still Chair Eckman "II know some people who have done this because their materials were being stolen  there. What we put down is no longer than 2 consecutive 61 month periods.  there sO now they have their home and the camper. It gets complicated.  while they were: not there."  Tim Fesperman "It costs a significant monetary penalty for what we did."  6    Joel Mauldin "Once you pull that building permit and get your temporary saw service for the home but you dont allow for the septic you make them pump it all. That gives incentive for them to get the home done. The saw service will also have tol be gone. You wont geta CO on your home ify you: are still: running a saw service to your home. 15 months to me is sufficient time. People are on a budget and don't want to spend 1500 dollars a month for ai rental. So ify you have toj pump this thing out every month that will give you the incentive. That is dictated by your permit when you pull it that day." Bob Remsburg "We would: require a permit with the thought being that when you do this it willl be Tim Fesperman "When we did it the guy moved into his home then started renting out the trailer.  an accessory structure."  We took action against it and we lost."  Joel Mauldin "Someone is always going to try and do it regardless."  Jay Eckman "People are doing this anyway sO why not make rules about it and enforce it." Bob Remsburg "I will point out that It told Craig Hatley whenever he asked about it that we are complaint driven and no one would know about it unless it was called into our office. But they  wanted to bel by the book about it and I can appreciate that." David Underwood "If you get caught what is the penalty?"  Bob Remsburg "It goes back to what we said earlier regarding the fines per day. Ify you have guests come ini for the weekend and have no: room for them to stay and you want them to stay in the camper David Underwood "Thej problem with any rule is that if we make a rule and they abide by it then you can't get me out ofit. Maybe it is best ifv we don't make ai rule about it right now. Ist this  then have ati it we probably won't get a call."  something that really needs to be done?" Tim Fesperman "What other counties do this?"  Bailey Emrich "I would say that there is a need for it and it is all about how you enforce it and write the rule. Like you said, people are going to do what they want to do at the end oft the day but] Iv would Bob Remsburg "When the housing market was sO. hot there was nowhere for anyone to go and they  rather them do it with rules in place that they have to abide by."  had the land but could not use the camper."  TJ Smith "How many calls do you get ai month to do this?" Bailey Emrich "I would say at least 20 per month."  7    Jay Eckman "Can we see what is going on in these other counties first and what restrictions they Bob Remsburg' "We do hear people who say that there was a mobile home here sol Iknow there is a septic system. Can! I tie into that with my camper while I build my home? Which all relies on Motion: David Underwood made a motion that this be tabled until more research is done  have as far as how they handle the sewage?"  Environmental Health."  regarding what surrounding counties allow.  Second : TJ Smith Tabled :7-0  Chair Eckman introduced the third item on the agenda, a request by the Planning Department staff to amend section 409.4 oft the Stanly County Zoning Ordinance to reduce the required width ofa  parking space from 10 feet to 9 feet. Bob Remsburg shared the following: feet. I cannot enforce the 101 by 20 rule.  This is from Senate Bill 372 which will amend our ordinance to say that it can't be smaller than 9 Tim Fesperman "If you say you have to have X: number of parking spaces per square feet per  building then they can't be any larger than 9 feet?" Bob Remsburg "We can't require them to be larger than 9x20."  Motion: David Underwood made a motion that the board recommends approval of the proposed text amendment regarding the reduced width of parking spaces from 101 feet to 9 feet  in section 409.4 of the Stanly county Zoning Ordinance.  Second: Joel Mauldin Approved: 7-0 2023 meeting.  Chair Eckman shared that the County Commissioners will consider this request at their March 6, Chair Eckman introduced the fourth item on the agenda request by the Planning Department Staff to amend section 701 to require parcels in the RA zoning district to have 40,000 square feet minimum if water or sewer is not available and 30,000 square foot minimum ifwater and sewer are available and tor require 15,000 and 20,000 square foot or larger lots for parcels where both water and sewer are: not  available in the R10 and R20 Residential zoning districts respectively.  8    Bob Remsburg shared the following:  Let me try to explain this. So the current language for R20 allows 15,000 square foot lots ifyoul have water or sewer available. Ifyou have neither available it has to be 20,000 square feet. This language would require water and sewer availability to be 15,000 square feet. The idea is that ify you don't have water and sewer it has to be the larger size. What Ih have generally been told by Environmental Health ist that if you have good dirt then the minimum lot to fit a repair area and septic system is 15,000 square feet. That is part of the reason and it goes back to the discussion we had with the Land Use  Plan.  Tim Fesperman "So you can do a septic tank and a well at 20,000 square feet?"  Bob Remsburg "It is tight but it can be done ift the dirt is good. That has to be zoned R20. Most of the county is zoned RA. Currently under the RA zoning it did not have that language it basically said you can have a 30,000 square foot lot and that is all you need unless you are in the watershed area. If you are in the watershed you have to have 40,000 square feet. This does change that SO that ify you are in the RA district and do not have water or sewer then you have to have 40,000 square foot lots. Joel Mauldin "If you are going to the RA and you have water but not sewer then you are 40,000  square feet still?" Bob Remsburg "Correct." Joel Mauldin "Well, that's not right."  Bob Remsburg "It does change it to 40,000 square feet. 43,560 is an acre sO it is a little less than an acre. So it would significantly change what we are able to do. Ifyoul have one or the other you are  going to have to have the larger lot size because both are not provided." Joel Mauldin "There are no exceptions to that, correct?"  Bob Remsburg "If someone wants to rezone to R20 to get a smaller lot size then that can be done. The only other option would be to do a conditional zoning or apply to the Board of Adjustment fora a David Underwood "The whole theory behind this was to protect the outside parcels in the county, protect the density and the rural character of the county. That is why it was done. You try to push the Bob Remsburg "There is always a twist in this which comes from the Land Use Plan is to come up with a conservation subdivision. Ifyou do large tracts ofland you run the risk ofi making it cookie cutter where it may make more sense to have a 1 acre tract and a 15 acre tract. IfDavid had a 10 acre tract towards. Aquadale and he wanted to give one acre to his daughter and sell the rest, if we make this 5 acres then hel has to split the whole ten acres into two 5 acre tracts. It becomes a challenge to  variance."  growth to the transportation corridors."  find out what really works.  9    Kelly Hart "It was my understanding when we were doing the Land Use Plan that there was still something in there where ifs someone had the ten acres then they could give their child an acre to Bob Remsburg "You can only do that one time. The way iti is written now you can give your child a tract less than ten acres one time and it has to be on an easement with no road frontage on a state road. This is why we have tol be careful about how we: mold all oft this. That was written 20 years ago but that exception isi in there. Iunderstand why it is not road frontage because it does preserve the Joel Mauldin "Sometimes you have to find a way around the rules because you get pushed in a corner when you say 5 acres or only an acre. I want my son to be able to afford a house but you) put these restrictions on this then by the time you weigh all of the cost from the government down it gets to aj point where you have nothing. Iami not saying affordable housing but that is what it is. People need to afford it but ify you make it to where the whole county cannot do anything but a 5 acre tract Chair Eckman "T was talking with someone about this not too long ago about the 5 acre rule and they said SO what you' 're going to have is people come in and buy up large tracts ofl land and build large houses on it because those are the only people who willl be able to afford it." Joel Mauldin "There are people who are able to afford to do that but the young person who is just coming out and wants to build al home with an affordable mortgage. You arel looking at something that is 1500 square feet but you can't put that on 5 acres and make it affordable." Tim Fesperman "People are: running out of options. You talk about 900 dollars a month to park a travel trailer. Ini my day, a 900 dollar house payment would be ludicrous." Kelly Hart "But do you want the country side covered up with 1500 square foot houses that don't pay enough taxes to support themselves, that have kids going into the school system. There is more Joel Mauldin "But y'all are encompassing the whole county by wanting this. Ify you look from the city to the lake in the watershed. When you have someone dictating that I couldn't cut off3 or 41 lots and Ihad to have 5 acres. There needs to be a compromise in there somewhere and I don't see it." Bob Remsburg "The reason that I did suggest this to you is a step towards that but we are not yet prepared to take the big step to 5 acres because other things will have to change as well."  build on without it being an issue."  look from the road."  then it makes cubby holes everywhere.  involved in it than worrying about one situation."  David Underwood "I see this as a work inj progress."  10    Bob Resmburg "I do too and that is whyl Ithought this may be an easy step to take. There are really two components to this. One is the requirements for water and sewer that need to be available for the R20 lots and smaller lots. The way it was worded was water or sewer. For RA it simply says 40,000 and 30,000 for anything in the watershed. This is] partly why we ended up with 161 lots in Millingport because he looked at it and realized he was able to add lots to what was already there because oft the Kelly Hart "Do you have 200 homes on half acre lots beside you with septic tanks? What ist that Joel Mauldin "Well you could give me. hypothetical situations like that all day. But one oft the things that are happening is water and seweri is something we: need more of. Soi int the areas that you have water that takes a lot oft that stress off ofyour system. Ify you want to keep everything agricultural and David Underwood "I don't think that is what we are. looking for. I think we are trying to control: it Joel Mauldin "Thati is fine but there also needs to be a way for people to have an opportunity and for those who own their land to do something with it. I am not saying every farm needs to be developed. But don't you think the person who can't afford a 5 acre tract but wants to build a home should have Kelly Hart "T am not saying that they don't have the right to something, but they can go to the municipalities as far as Ia am concerned. Ihave seen too much in Stanly and Cabarrus County where they come in and build inexpensive homes on small lots and over half ofit is rental property andi it Joel Mauldin "Okay, well how do you judge that? Ify you look at it right now and who is buying all ofthis rental property it has been big corporations but the point is there is a way to control that and I Kelly Hart "AllIknow is that I was on the Land Use committee and we did a lot of work and spent al lot of time. The Planning Board approved the Land Use Plan and the Commissioners approved the Land Use Plan and in my opinion and a lot of other people we need tol head towards that plan being in the ordinances. Ihave talked to al lot of people to say that even though it is noti in the ordinances yet, the Land Use Plan since it has been approved should at least be considered when you are looking at things. No point in going back over things that have already happened, but it had already been approved and would have been approved ifit hadn't been postponed when another thing was done that in my opinion should: not have been done and in my opinion is creating ai mess. A development that is over 100 homes with one entrance onto a small road that is noti in good shape. To me that  minimum lot size.  going to do to your water and your land?"  nothing happens then that would be great but that is not realistic." but there is just a question ofhow you put the brakes on it."  the right to do that?"  turns into an area that Mr. Smith gets to visit quite often."  think it is one per case basis."  11    should have never gone through and Iknow that you were all here and did it but it should have never gone through. Ihave talked toj people with fire, emergency services and DOT and they say that none Tim Fesperman "Could you. just tell me what I did wrong, what] I voted to do wrong because I don't Kelly Hart "Youl know exactly what I am talking about, the item that was approved on November 14 to expand the development on Renee Ford and River Road. There is one entrance into that development. There are already 40 homes there and they are getting ready to build more." Tim Fesperman "We really could not turn that down because thel Land Use Plan had not passed yet Kelly Hart' "I understand that the ordinances have not been changed but the Land Use Plan has been adopted and should have been considered. What about the way in? Do you want to live back there in that development with all oft that in between, under aj power. line? My feari is not what that is right now.lunderstand that y'all went by the ordinances, Ijust felt like it should have been considered." TJ Smith "I think this is a deeper discussion than what we are trying to debate. We understand your Kelly Hart "None oft this can be changed until the ordinances are changed which were fully passed  oft them were involved or included ini it." know what you are talking about."  sO we had no other option."  passion but If feel like this needs to be a bigger discussion."  in] November and nothing has changed yet and II know it takes time."  TJ Smith made a motion to table item #4  Second : Joel Mauldin Approved: 7-0  Chair Eckman entertained a motion to adjourn.  Motion: TJ Smith Second: Tim Fesperman Approved: 7-0 Time Adourned-8p2 M Chair, Eckman Clerk, Bob Remsburg  R  - Lby  12