MEETING TYPE: Board of Commissioners - Regular. MEETING DATE: 10 Jan STAFF RESPONSIBLE: Tim Jones. DEPARTMENT: Planning & Zoning Division

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1 MEETING TYPE: Board of Commissioners - Regular MEETING DATE: 10 Jan 2017 STAFF RESPONSIBLE: Tim Jones DEPARTMENT: Planning & Zoning Division DESCRIPTION Public Hearing for Oak Grove Initial Zoning Petition RZ Petition Information: Request by Traton Homes LLC for a rezoning/map amendment (initial zoning) for parcels , A, , , , , , , , , , , , and , approximately acres from Union County R-40 (single family residential) to R-3 (single family) located at Oak Grove Place. Financial Impact: N/A Action Requested: Close Public Hearing Presenter: Tim Jones, AICP

2 General District Zoning Cheat Sheet Initial zoning and rezoning of property included in the application that would allow uses in the proposed district subject to the standards of the Unified Development Ordnance. Legislative Process Ex Parte Communication Sworn Testimony Statement of Reasonableness & Consistency Notice Conflicts of Interest Public Comment Vote Findings of Fact Conditions The purpose of the hearing is to inform the elected officials of the nature of the proposed action and to allow members of the public to express their views on the matter directly to the decision makers. Communication between the Planning Board, Town Board, applicant and public outside the meeting is allowed. Not required. Required. Must describe how proposal is consistent or inconsistent with plans and why decision is or is not reasonable and in the public interest. Within 10 to 25 days of public hearing date: Two legal advertisements in a newspaper of general circulation; Adjacent property owner notices to property owners within 300 feet of the property; Sign posted on property. Planning Board and Town Board members must abstain from vote only if there is a direct, substantial and readily identifiable financial interest. Time limitation can be imposed on public speakers. Simple majority. Does not require findings of fact. No conditions can be placed on general zonings or general rezonings.

3 Town of Waxhaw Planning & Community Development PO Box 617 Waxhaw, NC (Phone) (Fax) \'cl J Date Received \ -)\)\ \o Received By ])\ ZONING CHANGE APPLICATION Application Number: RZ- Dif)'do5'0'01 ~ Date of Application: Applicant Information Applicant Name: Traton Homes LLC Applicant Mailing Address: Providence Road Suite 100 Applicant Telephone: Property owner Name: Traton Homes LLC Property Owner Mailing Address: Providence Road Suite 100 Property Owner Telephone: Relationship of Applicant to Property Owner: Subject Property Information Property Location: Oak Grove Place, Waxhaw, NC Tax Map and Parcel Number(s): A, , and thru Existing Zoning: County R-40 Requested Zoning District: R3 Single Family current use of Land: Single Family Residential Surrounding Land uses: Single Family Residential In Flood Area? Acreage 25 N/A Comments: Zoning Change Application 1

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5 TO BE FILLED OUT BY ZONING ADMINISTRATOR December 1, 2016 Completed application submitted on: December 19, 2016 Reviewed by Planning Board on: At their Monday, December 19, 2016 regular meeting Action of Planning Board: the Planning Board voted unanimously, five to zero (5-0) to send a favorable recommendation to the Board of Commissioners on RZ January 10, 2017 Town Board Public Hearing Held On: Date of Town Board Decision: Action Taken by Town Board: *Newspaper Affidavit should be attached The Enquirer Journal Public Hearing Notice Filed in (Newspaper): December 30, 2016 and January 6, 2017 Date(s) Notices Published: Notification to adjacent property owners mailed on: December 29, 2016 December 29, 2016 Property Posting Date: Zoning Change Application 3

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11 RZ Staff Analysis BOC January 10, 2017 EXPLANATION OF THE REQUEST Rezoning Petition RZ Oak Grove Initial Zoning Oak Grove Estates Petition RZ is a request by Traton Homes LLC for a rezoning/map amendment (for initial zoning) parcels , A, , , , , , , , , , , , , and for approximately acres from Union County R-40 (single family residential) to R- 3 (single family) located at Oak Grove Place. ANNEXATION PROCESS The Board of Commissioners held a public hearing on the proposed annexation on November 7, The final decision by the Board of Commissioners for the annexation of the property took place on December 6, 2016 and the initial zoning process for the site is running within 60 days of the annexation which is in accordance with state statute. LOCATION AND CURRENT LAND USE The property is located on Oak Grove Place off of Waxhaw-Marvin Road. The property is currently under development with single family homes approved under Union County zoning. Condition and land use of the surrounding properties. The adjoining properties are: To the north the Traton Homes community and town parks subdivision zoned CD- R4-PRD (Conditional District Single Family Residential Planned Residential Development) approved by the Board of Commissioners December 6, To the east the Quellin subdivision across Waxhaw-Marvin Road are single family homes zoned CU-R4 (Conditional Use Single-Family Residential). To the south three tracts in Union County s jurisdiction zoned R-40 (Residential), and the Anklin Forrest subdivision in Waxhaw zoned CU-R3-PRD (Conditional Use Single-Family Residential Planned Residential Development). To the west are two tracts is in the Village of Marvin s jurisdiction zoned R (Residential). EXISTING ZONING & LAND USE The subject property is zoned Union County R-40 (single family residential). According to Article I-X Part 1 Section 135(d) of the Union County Land Use Code: The R-40 and R-20 districts are the primary residential districts and are designed to accommodate single-family residential and planned residential developments at low to medium densities. The R-40 district is located mainly in areas that are not served by public water or sewer facilities and that are not yet appropriate for development at higher densities. The minimum lot size requirement for parcels located within the R-40 zoning district is 40,000 square feet provided water and sewer is available. If water and sewer is not available, the lots may have to exceed 40,000 square feet in order to accommodate wells and septic tanks. The subdivision was approved as a single-family residential subdivision and was subdivided under Union County s jurisdiction. The subdivision is vested under Union County s approval for 24 lots 1

12 2 RZ Staff Analysis BOC January 10, 2017 averaging 22,700 square feet with no lot under 20,000 square feet. 20,000 square feet is consistent with the minimum required lot size in R-3. The subdivision was annexed by the Waxhaw Board of Commissioners on December 6, COMPREHENSIVE PLAN / FUTURE LAND USE MAP The Future Land Use Map from the 2016 Comprehensive Plan Policy Bridge shows the property as residential, the sub-designation under G3 (Intended Growth) Sector. The G3 Sector and the subdesignation, Residential, are described in the plan as follows: G3 Intended Growth Purpose: This designation is intended to be applied to areas that have ready access to transportation and utility infrastructure that can support larger scale and more intensive urban development patterns. These lands lie along major transportation routes within the Twelve Mile Creek basin where sewer service is either available or nearby as well as land that is either surrounded by or immediately adjacent to more intensive development where the extension of more intensive development into such areas will allow the town to consolidate its boundary and eliminate isolated pockets of undeveloped land within the town. Residential Purpose: This designation applies to existing residential areas surrounding the downtown retail core. Allowed uses & density: A mixture of detached single family, cottages, duplexes, and townhouses. Permitted densities are 4-20 dwelling units per acre (net) depending on site characteristics, urban service availability, and housing type mix. The subdivision is consistent with the G-3 Intended Growth Sector Residential designation and falls under the maximum density of 4-20 dwelling units per acre. PLANNING STAFF ANALYSIS The property is owned by the Traton Homes LLC and was reviewed and approved under Union County s jurisdiction and will be vested By Union County approvals. The proposed R-3 zoning designation is in harmony with surrounding development. The property to the north of the site is zoned CD-R4-PRD (Conditional District Single Family Residential Planned Residential Development), the property to the east is zoned CU-R4 (Conditional Use Single-Family Residential), the properties to the south are in Union County s jurisdiction zoned R-40 and in Waxhaw zoned CU-R3-PRD (Conditional Use Single-Family Residential Planned Residential Development) and the property to the west of the site is in the Village of Marvin zoned R (Residential). The Future Land Use Map in the 2016 Comprehensive Plan Policy Bridge calls for G3 Intended Growth designation Residential on the property. The proposed development will not exceed the permitted density maximum of 20 dwelling units per acre. PLANNING STAFF RECOMMENDATION Staff recommends approval of the proposed initial zoning RZ Based on the current zoning of the property and the adjacent properties to the north, east, south, and west of the site being zoned at densities as high as or higher than that proposed for the site. As well as the Comprehensive Plan and the Future Land Use Map in the 2016 Comprehensive Plan Policy Bridge document that shows G3 Intended Growth Residential designation.

13 RZ Staff Analysis BOC January 10, 2017 This rezoning is a general rezoning request to R-3 (single family residential), and therefore, no conditions can be placed on the approval. Further, the subdivision is vested under Union County s approval. The R-3 zoning district is suitable for this property. PLANNING BOARD RECOMMENDATION At their Monday, December 19, 2016 regular meeting the Planning Board voted unanimously (5-0) to send a favorable recommendation to the Board of Commissioners on RZ Further, the Planning Board made a motion to make a favorable recommendation on staff s statement of consistency as follows: Reasonable and Consistency Statement: The rezoning request is consistent with the Comprehensive Plan and future planning goals of the Town of Waxhaw, is reasonable and in the public interest as it will allow for an intensity of development that is consistent with the residential designation found in the future land use map in the 2016 Comprehensive Plan Policy Bridge. REQUESTED ACTION A motion to approve petition RZ as presented Or A motion to deny petition RZ as presented. Reasonable and Consistency Statement: The rezoning request is consistent with the Comprehensive Plan and future planning goals of the Town of Waxhaw, is reasonable and in the public interest as it will allow for an intensity of development that is consistent with the residential designation found in the future land use map in the 2016 Comprehensive Plan Policy Bridge. Or Reasonableness and Consistency Statement: The rezoning request is not consistent with the Comprehensive Plan and future planning goals of the Town of Waxhaw is not reasonable and in the public interest as it (state reasoning) Submitted By: Tim Jones 3

14 Quellin Dr Blackburn Dr Sturminster Dr Dunton Ct Application_ID IZ Town Limits Parcels Roads Data Source & Disclaimer Data provided by Union County GIS and Town of Waxhaw GIS. The Town of Waxhaw does not guarantee the acc uracy of the information display ed. M ap created October RZ Oak Grove Estates Initial Zoning Aerial Map Banyan Way Denholme Dr Twineham Ct Waxhaw Marvin Rd Berner Ct Foxhound Ln Widgeon Way Bitberg Ln Hoffmeister Dr Lingen Ln Anklin Forrest Dr Ü Feet

15 Taviston Dr Stead Ct Waterman Ct Thayer Dr Bergen Ct Morehouse Dr Application_ID IZ Town Limits Parcels Roads Data Source & Disclaimer Data provided by Union County GIS and Town of Waxhaw GIS. The Town of Waxhaw does not guarantee the acc uracy of the information display ed. M ap created October RZ Oak Grove Estates Initial Zoning Aerial Map Laurelwood Ln Rochedale Pl Carindale Rd Cecily Ct Mcpherson St Banyan Way Denholme Dr Linden Ct Waxhaw Marvin Rd Blackburn Dr Balfour Ct Lingen Ln Dunton Ct Foxhound Ln Widgeon Way Hoffmeister Dr Anklin Forrest Dr Gresham Dr Red Barone Pl Ü Arnsberg Dr Feet Kensington Dr

16 Quellin Dr Blackburn Dr Sturminster Dr Dunton Ct Application_ID IZ Town Limits Parcels Roads Future_Land_Use LU_Des Mixed-Use Residential Existing Neighborhood Existing Commercial Data Source & Disclaimer Data provided by Union County GIS and Town of Waxhaw GIS. The Town of Waxhaw does not guarantee the acc uracy of the information display ed. M ap created October RZ Oak Grove Estates Initial Zoning Future Land Use Map Banyan Way Denholme Dr Twineham Ct Waxhaw Marvin Rd Residential Berner Ct Foxhound Ln Widgeon Way Bitberg Ln Hoffmeister Dr Lingen Ln Anklin Forrest Dr Ü Feet

17 Twineham Ct Sturminster Dr Dunton Ct Application_ID Zoning RZ Town_Limits Parcels Roads CU-C1 CU-R3-PRD K KCD-R4-PRD K K K CU-R4 R1 R2 R3 Data Source & Disclaimer Marvin Data provided by Union County GIS and Town of Waxhaw GIS. The Town of Waxhaw does not guarantee the acc uracy of the information display ed. M ap created October Union County RZ Oak Grove Estates Initial Zoning Current Zoning Map Banyan Way K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K Current Zoning R-40 Waxhaw Marvin Rd Denholme Dr Quellin Dr Blackburn Dr Berner Ct Foxhound Ln Widgeon Way Bitberg Ln Hoffmeister Dr Lingen Ln Anklin Forrest Dr Ü Feet

18 Twineham Ct Sturminster Dr Dunton Ct Application_ID Zoning RZ Town_Limits Parcels Roads CU-C1 CU-R3-PRD K KCD-R4-PRD K K K CU-R4 R1 R2 R3 Data Source & Disclaimer Marvin Data provided by Union County GIS and Town of Waxhaw GIS. The Town of Waxhaw does not guarantee the acc uracy of the information display ed. M ap created October Union County RZ Oak Grove Estates Initial Zoning Proposed Zoning Map Banyan Way K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K K Proposed Zoning R-3 Waxhaw Marvin Rd Denholme Dr Quellin Dr Blackburn Dr Berner Ct Foxhound Ln Widgeon Way Bitberg Ln Hoffmeister Dr Lingen Ln Anklin Forrest Dr Ü Feet