Planning Commission - Regular Meeting

It's on city water and sewer. And to get on city water and sewer, when you're outside the city limits, you sign an agreement that if the city deems it necessary for annexation, that you will agree to annexation. And that's what we're doing here tonight. So, we're just annexing the site that's outlined in blue here. Um, again, it is half of an existing shopping center. Um, you'll know the Publix is right here and Popeye's is out here. Um, so again, it's just a an addition, an expansion of the city as agreed by the property owner. Was there just as a backstory, do you know why the um this was not brought in with the rest of the shopping center back in I know that uh when Burlington went in there there was that in permitting that's why that one went

um I do not know um it might have been that that water service agreement wasn't was not signed by the current tenants at that time and then with the new tenants um they're in that section sort between Publix and Burlington. Uh when they signed that triggered the the annexation. Any other questions for staff? None. Would someone like to make a motion on ANX 253? Make a motion we approve. All right, we have a second. Second. Second. All in favor say I. I. Any opposed?

All right, so that will go um does that go city council or it goes to town council next week on Monday and then um two weeks from then we'll hit be the second meeting. Okay. As is with both both requests. All right. So we will move on to RZ255.

Thank you Mr. Chairman. This petition is to reszone the back portion of 2200 North Main Street from neighborhood commercial. So to be clear, it's currently zoned neighborhood commercial to a combination of RM18 multif family residential and R10 single family residential. So just a little bit of um before we get into the meat, just a little bit of where where we are. Main Street is North Main is out here. So what you see in pink is zoned neighborhood commercial. So just a some background, neighborhood commercial is actually just a step down from general commercial, which is what we've just looked at. So, you see a lot of the uses along um North Main Street are approved as as neighborhood commercial and could occupy all of this site back here. Shifting to your right, Boulevard Heights, you see this corridor is that yellow color is RM10. So, it's a solidly single family residential um um zoning district neighborhood back there.

You said RM10. Do you mean R10?

I'm sorry. R10, excuse me. Thank you for that catch. Um so, to be clear, the applicant is requesting that this front half remain neighborhood commercial. The middle half be changed, be downzoned. So down zone to RM18 which would eliminate any commercial uses that are currently allowed there now and would allow multif family town home development. And then at the very end a lot that would be R10 which again would be single family. So you can see we're stepping down from that more intensive use there on Main Street that's neighborhood commercial down to a multif family use and then down to the single family detached use that matches what you see in yellow there. So the sub subject to be clear on this the subject property consists of 2.10 acres. So everything you see outlined in red there is 2.10 acres. The front half, which is what we just talked about, the 0.8 acres up here would be left neighborhood commercial. So, no zoning change. The middle portion of the pro property approximately 1.6 acres. And these these lines are not indicative of what's being asked, but somewhere in the middle here is 1.6 acres that will be zoned RM18. And then the very end is 23 acres out here would be single family residential. So again, some points to remember. This is a downzoning. It's a less we're asking for or the applicant is asking for a less intense use on most of the property.

Um, while the RM18 zoning district right here has a more favorable lot size for town homes, it's important to note that town homes could still be constructed with the neighborhood commercial, the NC zoning district that is currently on this property. And um and then finally, as I said, what this is doing, it's taking those neighborhood commercial uses and keeping them up on the um north main corridor and out of this Boulevard Heights corridor. So, in preparation for tonight, I pulled up there it is pulled up the neighborhood commercial section of the zoning district and just wanted to highlight some of those uses that could again go all the way back pretty much almost to that neighborhood to that um Boulevard Heights Road. So, those could include personal services which would be beauty shops or a beauty parlor, a florist, laundry mat, things like that. Um, a pharmacy could go back there, a professional or business office, a restaurant could go back there. Under conditional uses, that could include automobile service stations, um, again back there at the end or a grocery store or retail goods store, you know, anything like a hardware or something like that. Um, or a service or repair station. So again, the point is to emphasize that this is a down zoning and that we're actually keeping all those more intensive uses on North Main while still allowing this more neighborhood residential development on the back part of this parcel. Um,

I also wanted to make sure that everyone understood that once this is uh, all we're doing tonight is asking for a reasonzoning. Once it's reszoned, they come back to you. If there's a subdivision, you'll have to approve the final subdivision or the preliminary subdivision plaque. It will be back before you. So, at that time, the applicant is going to be asked for traffic study because I know that road well we've measured it that road is only 18 foot wide so it's not going to be able to accommodate the traffic so there probably going to have to be some improvements made to that road to accommodate what they want to put on there and they'll have to provide for that. Um and then after that there's a site plan that's required that is just a staff level approval. You all won't be seeing that, but at that time, there's going to be mitigation for trees that were removed earlier when that was a residence. Um, provisions for street trees would be uh required and provisions for sidewalks along Duckworth Lane. Staff is also making suggestions um for the development of those town homes, but again, those are just suggestions. They're suggesting things like rear entry off access off of a back alley instead of having the drives in the front, staggering the the town homes to have more interest there on Duckworth, things like that. But again, those are suggestions from staff. Are there any questions of staff? So the suggestions you mentioned um those are merely suggestions once once it goes to RM18 they can do anything under the RM18.

That's right. But currently they can do anything under the neighborhood commercial. Right. And their their list of things they can do is greatly expanded under neighborhood commercial than it would be our M18. Okay. Um I'm sorry I pull up this last This is kind of a it's a 180 almost a 180 rotation. Um, North Main is out here. Duckworth is here. So, you can see this part part of the lot up here at the corner would remain neighborhood commercial. This would be the RM18 and this is the R10.

Any other questions for staff at this time? just in the top section it says in R5 and then down here it says R10. You've been saying R10. So is it R5 or R10? I'm sorry. Maybe there was a the requesting. Yes. Yes. I'm sorry that's an error. It should be R R10 to match the R10 that's back there. So again, it's going to match that R10 is that single family that's shown in yellow. So that last lot will match that R10 designation. My apologies.

No, I'm just wondering if we we approve it or not. Would that have to be changed by us or that is that just a error that can That's a scrier's error that we'll we'll change. Okay. I don't think you have to change it. No, we'll make sure it's changed before it goes to council. And this may be not for now, but what is the procedure? Because that that road can't handle what's being proposed there. I'm sorry. That road can't handle what's being proposed.

You mentioned the 18 ft and then you also mentioned the traffic study on Duckworth Lane. So, what is that? So, when they come in with a subdivision, we'll know exactly how many units they're they're going to be building on that road, and we'll ask for that traffic study to show that that road can handle that traffic. And that study will come back, I think, and show that that road is deficient, and it'll make suggestions on how that road can be improved. minimum I would say it's going to require that that road go to 24 foot wide. Um and I other than that I'm not a traffic engineer. I don't know what it's going to say but they will need to provide the right of way and um install that infrastructure to develop that that the parcel. Is there any thought to cutting off that road? Um, you know, I know it is some people do use it to get to North Main Street and things like that, but also if it's going to add that much traffic, is that a thought at all? Um, no. That has not been discussed. Um, I will say that this lot here actually has an access here. and that once if you cut it off, you're going to have to be able to turn around emergency vehicles.

So, there's a culde-sac requirement and that begins to eat up a lot of land that Okay. is going to be difficult to find. Okay. Any other questions for staff? Um, hearing that, does anybody want to hear from the uh applicant at this time? We do have uh time for the applicant if we do have other folks that would like to speak.

I just want to ask you heard I me you mentioned something about remediation about removal of the trees in the front of that and my office is right across the street. property. So, I see it every day and I'm just kind of wondering when that's going to get fixed, cleaned up.

So, that would happen when this and in in the site plan process. So, depending on how that works out when when this um commercial site is developed up here, they're going to come in and they're going to have to meet the landscape requirements, the normal landscape requirements. And then there's I'm just pulling a number out of my head. There's going to be they need to plant five more trees because of the trees that were removed um without a permit um after I think it was when the house was torn down whenever. Um the same on this site. When they come in for that site plan approval, they're going to have to show a landscape plan that shows again those street trees that are required. And then there will be extra trees required as part of the mitigation for the trees that were removed again without a permit. So that that all happens at the staff level. You're not going to see that. That's a detail that's handled at the staff.

Um did you hear anything from any of the people that live in the I'm not sure what the name of the neighborhood phone calls on this um Boulevard Heights back here? Yes.

Yeah. We We don't take down names and locations, but we have heard from people. Um, some were concerned about the ability of the road to handle that that depth or that traffic. Um, others were concerned about the amount of town homes that were being built. Um, but again, town homes could be built on on there with this current zoning. Any other questions for staff? I kind of uh will the applicant is the applicant here and can step forward. It's my understanding the applicant is

the applicant could step forward. Uh is there any questions right now for the applicant or anything like that? Okay, we're good there. Um it does look like there's some folks here um who want to speak about this resoning. So, if anyone here um is wanting to speak either in um opposition or um for this reasoning, please come forward, state your name, um where you live, and uh let us know.

Yes, ma'am. Hello. I'm Mary Hollahan. I live over on Popular Lane on the other side of Belleview. Um, but I am with Anley Height here who lives in that sort of landlocked area on the map with the easement issue. Okay. Um, right there. Right there.

Yeah. So, our main concern is that Ducker Lane, it's a residential road. It might be zoned commercial right now, but people don't use it really as it means to get to anywhere but their homes. Um, so I understand that right now anything could be built there. It sounds like any commercial development could be built there. But honestly, the traffic from one restaurant will be less than 14 town homes and whatever else is on the corner. Like just the land cannot support that much activity. The road can't support it.

So I'm not opposed to it being downgraded to residential, but I would say single family residential, not town building. So keep the half that's on Main Street, keep that commercial. Fine. The second half just needs to be single family. Okay. I think that that's what they discussed is that there would have to be a traffic study because I mean two trucks can't Yep. Someone has to Exactly. Exactly. And I understand like Ba or it's not Bailey Port anymore. I think it's called the Oaks now is right there. And that they do have a weird back access so they can get on to Duck, but I They're really allowed to use it. Correct. They use it very much anyway.

Correct. Okay. Thank you, Mr. Mayor. I think it's important to note that I don't know that that road would support the single family development. Yeah. Yeah. Um, any other citizens want to speak? Yes, ma'am.

State your name and your address. at 2203 Boulevard Heights and I agree totally that I don't mind it being downgraded but what is proposed for the 14 town homes is going to be detrimental to that area especially the family neighborhood behind it. Um again Duck cannot support what is being suggested it's going to increase the traffic there are several single families with kids with adults who walk the neighborhood all the time don't single family homes. We don't have a problem with that. It's the multi town homes. There's not enough space for it. So, it's just I've lived for 20 years and something like this is just it's upsetting to me. It's upsetting to all people in the neighborhood.

But you do understand that if we do nothing then there's a lot more that could happen. I do. And that's what I'm saying. I'm not opposed to it being downgraded to residential but single family homes, not 14 town homes. Thank you. Thank you. Anyone else?

Um I will ask if the applicant wants to come up and answer any of those uh to the either opposition I I would like to ask you about the traffic study if you've done anything on that. Um as well as Yes. Come up. Um and um to the point of does it have to be an RM18 or uh is there other avenues? So

well the traffic study we we applied they sent us u this paperwork back saying that we would have to have a traffic study. So we just have got that you know a couple weeks ago or less. Um you know that was first we discussed it. Um, so being honest, I just had my hands around that now. You know, I I do this for a living every day. I understand nobody wants it built next to them. I understand why. I do understand the road is where it is, which maybe should be upgraded by whether I do it or not. It was a commercial use. Currently, when I bought it and was was open, I don't know, some years ago. Obviously, it been dilapidated pretty bad. It's contiguous to commercial property, which Most time when y'all do zoning stuff, you want to be continuous to what's beside you. I was trying to stretch out and say, I'll put a single family between them that I would control, trying to soften the blow. Um, also, if you go to the other side, it's got multif family at a higher density than I'm asking for. I think the Bailey court, what I called it when I I don't know what's called now, but is on the other side contiguous. We tried to pull the line where I drew the line where I went from commercial to multif family kind of compared to what the the piece of propert next door I guess was a fix. So I try to match them. I'm trying to do what I think's reasonable. The traffic studies new to me. That may be something that doesn't even fathom. Maybe I better go back to commercial. And I I'm guess I'm asking people say if you don't want multif family, are you okay getting commercial? No harm, no foul. That's what I bought it as. And I I I can do a lot of things commercial and I I do a lot of stuff commercial. This was just kind of a I thought a win-win for everybody. So I don't know what the road cost. I clearly this is new to me much as a staff. We just have figure out roads 18 foot wide. Most roads are wider than that. I would assume might have to upgrade road

anyway. But and I understand you might could close it down which opens up some problems. I know you could get to my If you put the road to my property or split between me and Bailey Court, there are some options. That's all new. Again, I would say from my side, I'd like to see what the traffic say. I do understand, you know, 18T versus 20 foot. You know, what I give the ride away. I think that would be something I would be plausible to, but I'd have to do some investigation is a little new to me. But I I guess from my argument to the citizens is hey if I put a restaurant or something back there which I can do right now are you going to be would you not complain about that and say okay we had a choice A or B I'm not really asking for single family because I have a higher density use now I don't want to give up that for no for no benefit.

Yeah. And again don't want to hurt anybody. I I have dogs and kids too. Yeah. And I I don't want to be antagonistic or anything like that, but um with the when did you own the property when the trees were removed and everything like that? So this is a unique situ I purchased the property myself. Okay. I with the city there was lot going on with a house. I they when they permit it in existing I I called the city and said, "Hey, I bought it. The guy was in some heat about tearing down the house. says, "I'll tear it down tomorrow." I tore two houses down that touched the house. I didn't have a lot of choice.

Um, you know, I sold the back piece of property to another person who I'm friends with who took it upon himself to clear the back and was going to do development and went to the county or the city to try to do some stuff, cut it. I cut seven lots. He was going to build single families or whatever since then who dug his own Bobcat, his own equipment, tore the other section down. And of course, we had that storm in there too. was a little bit scattered between people's trees, our trees. I'm not making excuses for that. Then he came back to me and said, "Listen, it's more than I can handle. Will you take half interest in it?" I said, "I would." Then I met with the city and hired a civil engineer to come up with a design that I thought met the set of city requirements. So we we when we applied for this, we did come here blind. We met with the city and said, "Hey, we'd like to soften the blow in the back, try to put some reset between us. We maybe do R18." So it was, you know, we could we kind of had discussions and hired LPA who gave me a design. This is how this kind of evolved this process. I do understand that they're going to want some trees made, right? And I I concede to that. I think that's going to be something we have to work out on the road. I don't know the answer to that. I'm just being honest. I don't have a traffic study. I haven't done a traffic study. I just really got notified of a traffic study I guess around two weeks ago, but I don't know what it's going to say. So I don't have an answer to that 100%. Well, I do know that like our trees and and sign ordinances and things like that have been in place for a little over two years now. So,

yeah. And and I I I'm feel like what I did on the front piece I was warranted and I got permit through that. The back piece I did. I understand. I don't The LC that owns it is on the hook for that. But I'm assuming we're going to have to mitigate to make that right at this point. And I don't think there's no argument there from my side. I I don't I bought it back. So So it's changed hands again since that happened. Any other questions for Question for staff? Um if the if the um

traffic study does come back and says no way this road can't handle this, which seems you guys anticipate being the case. What does that how does that restrict what can be done on does it in any way put a restriction on what can be done here at that point? Does it force the the land owner to make those revisions before they can develop it? Yes, that's correct. It does. So, that's what we're going to be that's what we're going to be requiring. And that could be that could apply to the current zoning. Yes. With the current zoning, if they propose a development, whether it be commercial or whatever, it's still going to result in a traffic study, which is more than likely going to result in them having to widen that road.

Correct. If you Think about just any subdivision, just, you know, a subdivision going out in on farmland. Um, you know, those roads have to be built to standards to accommodate whatever's going to be built in that subdivision, right? So that's the same here, right? So, so yeah, so no matter what happens here, they're going to have to do the traffic study to improve that road. I think it's

well the the areas we're talking about right now were developed in the 40s 50s60s so I mean it was prior to uh F250s and everything else being on the road um any more questions for staff I have a question for staff um did I do that no I did it it times out um the how the there's a woman here that lives in this to cut out the and that's has property all around her. How does she get out? Is there she has an ease?

She has an access easement which for lack of a better word guarantees her an access to Duckworth. So if you look on the this on that back that one it looks like the easement's right there on that. Okay.

All right. Well, hearing no other um conversation, uh would someone like to make a motion on RZ255? I'll just say this. I mean, I think that one of the things that Anderson as a whole right now is trying to prevent, you know, over population density. Um that being said, this is a resoning um decision, not a necessarily a townhouse decision per se at at this point in time. Should this be approved, um the the designs for the town houses would still have to get approved um go through the correct procedures through us, through council, and things like that. Um, there are things that are able to be, you know, a higher density that could be approved today under this zoning. I think that we brought up a great point that regardless of what happens before anything happens that the road study would have to come back to support anything um like that. Um, I think that being said, I I'd like to make a motion to approve um based on um the further steps that would have to be approved in order to get a townhouse. I 100% understand what everyone here is saying tonight. Um, and I don't think that if there were to be any sort of residential area living here that aid the road that should be able to support it, um, that the community should be behind it or at least have some input on what the development would look like. But we're not approving necessarily a a townhouse development tonight. That eventually could come to us and we would then review that um you know decision whenever that time would come. But I think a downgrade of potential density right now is in in my opinion um a a good decision and should a town home development come. I'm happy to talk

about that and make sure that all the right procedures and the road and the traffic studies and stuff can handle that. But all that being said, I I would make a motion that we approve this resoning. We have a motion to approve. Is there a second? I'll second that. All right. There is a second. Um, is there any more conversation on this? Question. Okay. Just to clarify, one more question. Uh, the current zoning, which is neighborhood commercial, does allow for town homes, does it not? Correct. It does. And in that and they could carry those town homes all the way out to Main Street. Correct. They could. Yes, sir. And in that size lot, how many town homes would they be able to fit in that area with the neighborhood commercial?

It's two acres. So, um, hold on. Is it eight? So, they could do a total of 16 on 16. And they're currently wanting to do 14. Correct. So actually we're reducing by doing this we're reducing the number of town homes that would be allowed on that and they would just be in a smaller footprint but ultimately fewer of them. So I we got a second so I don't have anything else to ask. Well now because there's the motion is on the table we can just discuss it between ourselves. Um K do you have

I do have a question. If the traffic study comes back and it says this is this is not feasible, even if you widen the road, it's still not enough space. Could we then change the zoning at that point to to less dense? So, so the the short answer is no because it's already zoned neighborhood commercial. That's a buy right use for that property right now. It's neighborhood commercial period. Um, the only way for it to be downzone is for the owner to request that it be downzone, which is what you have in front of you tonight.

So, that being said, I I do um this is very tough because, you know, I was not aware that that went no neighborhood commercial all the way back. Um, and you know, until you buy some of these properties, you don't know what it's really zoned for or looking for. Um, all right. So, we do have a motion uh to approve with a second. Um, all in favor say I. I.

Any opposed? I'm going to oppose just so that we can have uh it's not it goes to the city council showing that there was a lot of discussion on this. Um, so this will go through to city council next is it next Monday or the following Monday? I think this coming Monday. Correct. This coming Monday. Yes. Um, so they will take it back up then uh with our recommendation. All right, that being said, is there any other board business? All right, we will consider ourselves adjourned. Thank you'all.