Planning Board - Regular Meeting

Right. the meeting to order. We are the Graham Planning and Zoning Board and we're here tonight to conduct the city's business. Uh if you're here to speak tonight, you will be heard uh tonight just at the time that your particular um item may come up. Uh I'll call you to the front. Just please state your name and address for the record. All right, we'll do a roll call here. U Mr. Bailey here. Mr. Hine here. Mr. Benesh here. Chair Dean Ward's here. And Mr. Strick here.

Mr. Young here. Thank you. We do have a quorum. And if everyone would please stand for the pledge of allegiance. Algiance to the flag of the United States of America to the republic for which it stands. One nation under God, indivisible, with liberty and justice for all. Thank you. Did everybody have an opportunity to review last month's minutes? Any changes that need to be made? If not, I will entertain a motion. Mr. Chairman, I'll make a motion to approve the minutes. I'll second it. All in favor? I posted. All right, Mr. Planner, if you would introduce yourself. There's some of the members here that might not know you, Ethan. Absolutely. Uh, my name is Evan Workman. I'm one of the planners that works here with the city of Graham. Cameron is out of town this week, so I'm here with you guys. I appreciate you guys being here, and we'll get some of this business done and get everybody out of here. Great. Thank you. Okay. Uh Mr. Planner, let's move on with 6A. Yes, sir. So, the text amendment, uh, you guys heard last month as well, and it was tabled so that the police department could add anything that they thought might be helpful for the text amendment. Um, I'll just review just in case, but we are looking to be directed by city council to put in a use for these uh, vape, CBD, and tobacco stores that right now are just kind of general retail places that have no special restrictions or anything like that. Um the amendment will provide the definition special use and conditional resoning requirements and other regulations in order to uh kind of regulate these the use of these um vape

shops in town. What the police department added was that no tobacco shop shall be located in a half mile radius of um another tobacco hemp store or they cannot be on the same property as you know a strip mall may have two that wouldn't be allowed. They also have to be 1500 ft from one another and schools or daycare centers. Um and they're also one per 10,000 residents in the city of Graham. So they would put they added that population um condition. Staff believes most of these distance regulations are already addressed in the original text amendment that you guys heard last month, but other suggestions can be added as necessary. I will note that as of right now, the city of Graham has a population hovering probably around 20,000. So if the one per 10,000, it just isn't feasible because we already have more than two vape shops that are open right now. So, you would pretty much put a freeze on any new vape shop, even if they meet all these conditions, until we only have one left or until our population increases to allow for more. Um, and that's really all I have on the staff report side. Mr. Chairman, before we get started, I need to disclose on the tobacco side of things. I my wife receives a pension from which I benefit from each month and we also own stock in the tobaca company which I get a dividend check quarterly so I need to notify you of that and see if the board thinks there's a conflict of interest. Do you feel you couldn't be impartial? I can be impartial. Does anybody have any questions for Mr. Stalker? No sir. Does anybody see a reason that Mr. Stalker should recuse himself? No sir. Thank you. Okay. Is uh anyone here in the audience that wants to speak about this tonight?

Open the public hearing. Please come on up and state your name and address. Good evening. Can you hear me? Okay. Is that microphone cut on there? I think it's on. Okay, gotcha. Uh good evening. Uh I guess uh my name is Doug Coxin. I'm here representing myself and uh Incremental Planning and Environment, my planning company. Uh I my address is 5423 GA Drive in Greensboro, 27410. And spell your last name, please, sir. CO XO N. Okay. I was going to stop by tonight and sit in the back row and and just listen, but when I read the agenda and saw this issue about uh vape shops and and separation, it intrigued me. I've I've done similar work before uh developing an ordinance for a city in Washington state for adult land uses which is a little bit more complicated because it involves first amendment rights which uh vape shops don't enjoy. However, I'm a little concerned. And just to put it very simply, uh, as playing devil's advocate, please show me the map of all of the locations in the city of Graham city limits that are farther than 1,000 ft away from every other vape shop and farther away than 1,000 ft from every school and farther than 1,000 ft away from I mean, I don't think there's any place left. And regardless of whether you have a population limit of 1 per 10,000

uh or not, you are in effect uh banning further vape shops from the city of uh Graham. And vape shops are a retail use that is allowed by state law. And you're setting yourself up for a challenge. Uh, I think you need to um put together a report and listing all of the reasons why you think there should be a separation or why why the number of vape shops should be limited in the city of Graham and showing that there are still places where the next vape shop can locate. And I was I was surprised that you brought me up already because I thought you were going to be discussing this tonight and I was going to uh be able to listen to all of your discussion, but maybe you had discussion uh last month and I missed it. No, we'll have a discussion after being from the audience. All right, that's all I have to add. Thank you. Okay. Anyone else here that'd like to speak? Okay. If not, I'm going to close the public hearing and we'll have discussion. amongst our self here. Uh Evan, let's just go down on Highway 54. The closest uh if we looked at a map today, the closest vape shop uh from Highway 54 would be the one sitting right across the street here from City Hall, I believe. Is that correct? Yes, sir. That is correct. I made notes of pretty much there's five active locations right now that are, you know, active vape shops. Um, I have those down as there's one in the strip mall across the street. There's one that just opened in that bank in front of the strip mall across the street. There is two that are further down on South Main Street. One is in the Food Line parking lot area um

over on those shops that kind of face the other way. Then there is another one in the MKOS Naobi strip mall down there on South Main. Um, so that totals five. There was six, but there is one on West Harden Street near Steve's smokehouse that has closed temporarily. I don't know if they have any plans to reopen, but so we'll call it five or six vape shops. Right now, they're open none. Pretty much further east than these two right here. So, we would say that the majority of what's uh existing today is right here in the downtown district or just outside of the downtown district all within an overlay district pretty much. Um, South Main Street is one of our main corridors. So, a little further from downtown, but in a main corridor area where a lot of our commercial activity is. So, if we had to address the thousand foot mark, even if you was at South Main and Food Line there, to get to 54 would be more than,000 ft, I would presume. Yes. It's more than a half a mile. Yeah. To give just kind of a I was looking at it myself, too. If you were to take this vape shop across the street um and go a thousand feet down, I believe this is Pine Street right here, you would get kind of in front of the middle school. I believe that's down there, Graham Middle School. Um so you could even put one further down on Pine Street. Of course, the school thing adds into it as well. And I believe you guys have the materials, but there were other establishments listed within the thousand feet, including bars and child care centers and things like that. But um yeah, there's the vape shops right now. I mean, most of them are a thousand feet from each other except for, I believe, these two right here. Well, if you would bring up a map of across the street here and and put me a circle up with a,000 foot radius from this closest vape shop to us. Sure.

I don't know if I can get an exact circle because I'm not on my GIS so I don't have the public notification. Okay. But like I said, let's see. That's 1,400, was it? Yeah. A thousand gets Oh, it gets actually a little farther than I thought. So, that would take you roughly to the end of East Pine Street. Um, yep. Right in here. Okay. That's meters. Oh, it's meters. There we go. Maybe I was right then. Yeah, there we go. Okay, that makes more sense. Yeah. So 1,000 ft about halfway to the middle halfway through that middle school lot. Okay. So if we kind of rotated that round in a circle to meet the criteria there, we know that we have another in the parking lot here, but you still got a pretty good selection outside there. Plenty of room outside there to locate another vape store is what I'm trying to get to. Yes. And then like I said, the other two that we were talking about are actually south of the interstate. So they wait line. Yes, sir. And then the one on West Harden Street right beside Steves there. Right at Steves. I believe it's that would still be outside of that thousand foot perimeter too. 305. Yeah, that would be this one right here. And yeah, that's right. Well, outside that as well. Yeah. Oh, yeah. So, that's thousand feet there and it won't even get over. So the the thousand foot radius don't really restrict it that much. But then when you start throwing in the fact of u daycarees, schools puts a little bit more restriction upon it. But there's still plenty of room in the city to with a special use permit if this was to pass. uh that could allow for another vape shop

except for the 10,000 population. Yes, I think um if there is some kind of population though uh you know per capita thing that was going to be explored, I think 10,000 would be a very high number for that you know restriction. I think it would need to come down significantly. But that's up to you guys. I was just letting you guys know that as it sits right now, Graham would have the capacity for two vape shops based on current population if that maybe less than 20,000. What was the discussion like with staff about the population? What was y'all's uh opinion about that part of it? Yeah, when I talked to Cameron about it was basically just that that 10,000, you know, we're aware of the grand population hovering around 20. 10,000 would be quite restrictive and as I mentioned in the opening, I believe what would happen is you'd have these four or five vape shops that exist and until they decide to, you know, close or what have you, we couldn't issue any new vape shops because they would come in front of city council and they wouldn't meet that population criteria and they would have to get denied. um you'd pretty much be doing that until you have one vape shop left and then a second one could come in, do it all over again. So, what was legal's opinion about that when we start talking about uh potentially restricting it to that restrictive uh nature of a thousand uh did they have an opinion of I don't know that I heard from the lawyers directly on that. Um I don't know if Cameron heard from him either, but yeah, I hadn't heard from him on that. that would be I mean they'll be at the council meeting and if there's any issue that they think would council be opening themselves up to I'm sure it would be discussed at that time but um they'll be made aware of what's going on and I I believe they did get a copy of this and I don't know if they raised any you know red flags or alarms just yet to my knowledge I didn't hear

of anything. Thank you. Yes sir. Mr. Bailey anybody? No, sir. Mr. Do we have Sorry. Do we have any other uses in the town that are restricted by population? No, not to my knowledge. What about sweep stakes? Sweep stakes gaming. Wasn't that restricted by population at one time? Um, there is a use for it in the development ordinance. Let me see if there I can search it out. That was also a special use. Yeah. Now, it does look like it has some of the uh dimensions, you know, the 1,00 ft restrictions, but I do not see anything here that says, at least in the current current form of the ordinance, that says that we have a population cap for sweep stakes gaming. Okay. It may have been like that at one time. I'm not aware, but at least currently it's not. Okay, thank you. In the in the definition of the vape shop versus the selling of cigarettes and cigars and vaporizers at a convenience

store, do we address that in the definitions anywhere? Is there a is there a majority or a primary? Yeah. So at the bottom of the sheet where it says designation, there is kind of a under where that kind of lays out the special use. There is a section talking about, you know, store use of 10,000 square feet of floor or more. These standards should be applied to any retail use engaged in the sale of tobacco. But grocery stores are kind of exempt from that. So a grocery store would never have to jump through all these hoops and they could still have almost like a feature of their business would be, you know, having a section that has cigarettes and other tobacco products on hand. Um the other part of it was that anything less than 10,000 square feet um yeah 500 square f feet or 5% of a establishment's floor area that is dedicated to selling these products would then be held to these standards. So, I think a convenience store may not meet that and they would be kind of put in with the exemption that a grocery store gets just based on the floor area. But, um, that's just my that was my understanding of it. But, there is something there addressing stores that do sell them not as like their main thing, but as an accessory thing on Excuse me. That's difficult to consider. Uh, a lot of the a lot of the displays and showcases and wall displays, we're we're speaking in terms of square feet of wall space, not necessarily floor area. You would have a very difficult time establishing a floor area

when the majority of marketing or display or even stock overstock is primarily vertical. in most of my experience. This needs a lot of thought. I need I'm sorry. I hate to get down in the weeds on this, but it's there's a lot of you're going to go down the road of uh constraining, restricting, then there's a lot of things that we've got to really look at specifically. On the flip side, this is my opinion. On the flip side, if it's a use that's going to be considered as a special use in B2, it's going to have to go through the findings of fact anyway. and the harmony finding um when that case in any case is brought before um whoever's hearing the special use consideration, they're going to have a difficult time with the two of the findings harmony and and affecting quality overall quality of life um for the adjoiners. So the safety in the uh use designation as a special use consideration gives the town at least the council good opportunity to scrutinize each case without the cumbersome additions of um distance and population and floor area restrictions that may be difficult to quantify. Mr. Benesh. Well, a couple of things come up and I referred to a lot of

information that I I just looked up u in the last few days. One's uh recommendation is established density restrictions which the zoning laws can also limit the number of tobacco vape hemp retailers in a particular area preventing them from clustering uh too closely together and keeping them if you will in uh incorporated areas so they don't venture outside of that particular zoning which goes is back to uh state versus local authority. While some states preempt local governments from regulating the sale, distribution, display, and promotion of tobacco, states generally grant local governments the authority to regulate the land use through their zoning. So that puts us in an area where we can make sure that these vape places do not cluster and stay a particular distance apart. City of Burlington right now is considering rules that would require tobacco, CBD, vape shops to be located in conditional business districts and at least 1,000 ft from schools, daycarees, and other protected facilities. So, I feel like we're on the right path with the verbiage that we're uh looking at today. I know it's going to be difficult to uh finalize it, but yet with the information that we have and not um being too restrictive, I think that vape shops primarily

should not be too close to anything. uh and the thousand ft rule seems to work very well in a lot of instances. There a lot of states uh or counties like Wake County uh prohibits new tobacco vape and hemp retail retailers within a th00and ft of schools, parks, greenways, and other retailers and residents in unincorporated areas. Our language is spot on. I think uh we're on the right path. Is your thought process also considering the 10,000 residents as a limitation? That seems very workable. I believe. Okay. Thank you. Any further? Oh, no. Thank you. Mr. Ter, uh, yes, Evan, why why are we making this a special use permit with all these restrictions already in the in the definition? uh with the special use is one of the ways in which we'll enforce those um restrictions within the definition. The definition if I'm let me pull that back up. Yeah. So the definition is just laying out basically what we consider a THC or excuse me a tobacco CBD and vapor shop on that first page. And then as you can see when it gets added to the use table it could be a conditional use or a special use in the in any of these districts but only special use in the B2.

And then this section right here with all these restrictions is what along with the findings of effect that Mr. Huff mentioned. This section directs council and you you guys you guys with special use permits on if this is a feasible location for the Let me reword my question. Okay, with all of that listed, why are we making it a special use permit when we don't have bars, nightclubs, and dance halls in a special use permit category? We got them in the note category. So why are we not making this a regular permit with a definition for staff to follow in the notes? Right. Yeah. Yeah. And that's kind of how it is right now. And I think that's I we were directed by council to come up with this definition. So I think the thinking behind it is there's a desire to get it out of the retail use by right space and into something of its own space. and special use was the way that I guess council and the city can keep some kind of tabs on these stores. But as far as if you guys think it's a good idea to be, that's kind of why we're here right now. Yes, sir. Mr. Young, I agree with Mike. Um, but I do think population thing is a little little far-fetched, but other than that, I don't have an issue with the the distance or anything. So, further comments or Yeah, let's let's review just a little bit more. Um, Evan, you'll just have to

help me get through this. If we're all on the page 56 use table, we all see in front of us the tobacco, CBD, and vapor shop. The way I read this is the only way you can build one of these facilities is in a B2 or a conditional business district. It's in B2, you have to come before the city for a special use. And if it's in a conditional business district, it has to be part of the conditions, part of the conditional zoning. That's the those are the only two ways Is that correct? Yes, sir. That'd be correct. And then the way we we establish the land use number three. Is that consistent with other retail? Uh yeah, I'll double check, but three is most of the time when you're going from residential to commercial spaces. Three is one of your lighter Okay. ones. But I'll pull that up while you're continuing to talk just to make sure. Okay. And did anyone else have the feeling or a difficulty I had with the 500 square feet? How do you how do you measure that versus how do you like if I'm a gas station owner and I want to sell cigarettes? and my B building's 50 ft long and 10 ft high and I got a wall of products like Walgreens for instance. I mean that's a that's a So we're talking about floor area which there's really no

way to there's nobody's going to have a kiosk or a endcap occupying 500 square feet of any of this. So that one's kind of benign. If we're apart on the uh population piece, then our enforcement is going to be in those radius diameters and adjacent uses. And I think that's the easiest one for zoning compliance to work with. It would be really difficult to send me if I was a zoning officer into a store and try to establish is there 501 square feet being used. Not hard to measure,000 ft on the map. And just your question about the land use that is consistent with our retail classification as right now. The gas station with fuel sales permitted by right in B2. Yes. Yes, sir. As long as the fuel pumps are 15 feet from property lines and a drugstore is allowable in all of the business districts. The uh only one problem that I see with it is the population. Uh one for every 10,000 ft or 10,000 people. Um I don't know if it would be better served to increase the distance from the original in the language of a half a mile at 2,640t radius to 3/4 of a mile or a mile radius.

and still limit the number but not close the number out of only having two or actually no new ones would be allowed until this scaled back down till we lost several of them here no one would be able to put nothing new in but if we either kept the half mile radius strike out the 10,000 or increase the half mile radius but And you start getting into a with all the other A through K, you start getting into a lot of I don't know if you could get a 5,000 foot apart without meeting one of these others. Being a church or let me get to that where I can see it. Being a child, a daycare might hit you. A bar might hit you. adult business is not going to bother you. Community youth center, fairgrounds, nightclubs, dance halls, that's not going to a park. I don't know that you could get 5,000 ft without hitting a park or hitting a church or hitting a church. Either one. Um I think that may be extreme when you start talking about increasing that distance there. I'm just only concerned about the 10,000 population is the only thing that really workable a workable number. What that number would be

Are we in agreeance that the 10,000 residence is too large? Yep. Are we in agreeance to that? Yes, sir. If we dropped it down to 4,000, wouldn't we still be maxed out at five? It would still be maxed out. It would be maxed out. I think that's got to go completely away. I think if we're going to control it, if we want to control it, we need to control it by the distance. Yeah, I think that's okay. Uh but now when we start, it's only 1500 ft from one another or a school or a daycare center. So, I mean, I think that the half mile is good, but I think we need to create more distance between schools and daycare. So, if we changed that to 3,000 ft, that would still allow more to come in the city, but it would give you a 3,000 ft buffer from schools, daycarees, or other tobacco shops, which would give us some separation. They won't be on top of each other. Just looking for any thoughts there. Thank you, Evan. Yeah, I mean that gives a good pretty good perspective and we all right. So that sir would be closed. So would that be 3,000 feet between each shop? Between each shop. All right. So or or away from the daycare.

All right. Let's do Can we just take a trip through town for real quick? Let's put that thousand foot radius on Rivermeal and work our way back. But it also falls under the B2 district and the uh industrial I mean not industrial the B2 and additional condition. So if you looked at all the B2 there it's going to be wipe it all. All right. So go 3,000 ft. Right. So that would encompass all of the uh the whole except old 87 up there where that's that's Hampford Road out near Hampford. Mhm. This is the food line parking lot. So there is one right here but um there's also one right Hold on. Moses, right? So that would give a good separation between them right here. There you go. So you got one there at MKO. You got one food line parking lot, but once one of those left out, that wouldn't be another one,000 ft. Yeah. Once that if that one were to leave, right, but went back in. What's that distance from Rivermeal to the one at MKos, but just north of Webster and and there you go. 23 22 2200 and half miles coming right back on top. Yeah. Yeah. Another one at the Auto Park Plaza also. Yeah. Right. If if you go to um the uh closest corner at Graham Middle School and then pull back to the west towards us and let's see how that it would eliminate all in the future. That's that's that's where it is the middle school kids. Yeah. In my opinion eliminate all of those from downtown if

they ever closed. 26 2600 300 ft right there going from here to property to all the way ste eliminate that that might be too intrusive. If I may just offer a thought. Um I do think that 3,000 ft is well within y'all's right to do from each other. Um, I do think it'd be tough to maybe find places that are 3,000 feet from all A through K. So, I just wanted to clarify that maybe there's a different distance from one another than there is from a school or something like that. But I don't think you can find the A through K now with 2500 ft. Mhm. Yeah. To be honest, I don't I mean being a church, a daycare or right this list here. Sure. Yeah. Any churches. Yeah. Of course. And because you got the churches right here on Elm. Yeah. Yeah. Elm Street right there. Churches and church right down here. I don't know that you can meet the 2500 mark. Mhm. But I think maybe we could take the the footage off of it and just strictly allow it to be special use based on conditions. So meaning conditions as far as everything but take out the use the excuse me the distance distance conditions surrounded by other uses. Take out the distance and still allow the the uses here that you have listed there. But it'd be a condition on a case by case depending on where it's located at. I mean, if there's a daycare that's 2,000 but not 2500 ft, that may be something that council it says is permittable in a special use. They may not say that. I don't know. If you go strictly by the footage, I

don't know that you'll find a footprint in the B2 that it will ever allow for a tobacco shop. It might be one or two if you get out towards um line J. Mhm. You might because that's B2 there. You but you got the school on one. You got a school on each side. But if you get your 2500 foot in, you might could get one in there somewhere. Maybe. I don't think so. You're certainly not going to get it here downtown unless you get it north. But you got the churches all up through Main Street. So, I don't know that you'll get the 2500 foot mark either way. Yeah. And just to clarify too, um, that 2500 foot number we're talking about was brought up by the police department. Our original language that was presented by staff was a,000 ft for all these uses from So maybe taking the footage down helps. Staying with the original,000 ft may be something for you guys to consider. So I'm just throwing that out there. But the police recommended 2500, but as you guys have kind of brought up, could be a little restrictive in a lot of these cases. And also just the sorry Mr. Havan but the I believe the reason we're putting a hard fast number is because if it is a case by case thing it may open up the door to inconsistencies in council's decision. So maybe helping having them having a number that they say even if you're you know 995t away we're sorry you know the number's a thousand. I think that's part part of the reason that there is a number that they're trying to pin down here. I think this this radius number is out of Greensboro. What I think Greensboro's ordinance is is half mile radius. It certainly helps the the store proprietor if they come into

town hall and just like with any other land development project, I don't want to spend my customers money uh looking for a place or going up a deadend street. So it does help to have these dimensional guidelines as part of the land use piece that guides the uh potential store owner and then with the additional layer of a special use permit required for the for the use in B2. Um, I think the town's well covered as is written as is the the 2640 and the 1500. Uh, just in our little exercise, I think we've covered the entire uh Main Street and and uh Harden uh yeah, Harden Street Overlay District. We've covered all the B2 in town. cover the schools, the daycarees. You use a a distance. I think so, but I I don't I'm worried about that 30,000. I am too. It's a little It seems it It's too for the size of the town. It seems too big. And there's already kind of a a little bit of a precedent that's manageable. the police officers know where these facilities are and where they happy medium like a 1500 15 is what they requested was it was yeah it was a thousand it was at least 1500 feet from another so 1500 ft from another school or another school okay I missed that you go with 15 I hate I hate there it is I see I hate to do it this way but if you're usually walking around four miles an car. I'm going a/4 mile every 15 minutes

between classes. I mean, I'm just walking back and forth. I can make a run in 15 minutes. I can jog it in 15 minutes if I'm a healthy middle school kid. I'm just thinking how things are going to actually work. and uh take my bike. But that the 2600 40 ft and the 1500 they they make sense with the scale of the size of the town and then the removal of the population since that would be totally inconsistent with anything else we have on the books right now. Special use permit requirement. It's a be tough. Mhm. If that was my business, it'd be tough to come to Graham right now. That's with your existing your existing. That's the objective, isn't it? That's the objective. Not you'd want to do away with them. It's just that you don't want to be you don't want them here. Not in my backyard. You want some control with the with the coming in and out. I I and I really want us to consider the square footage piece. It's really difficult to go into a gas station or a um Walgreens that comes to mind because I go in there a lot. Food line, it's difficult to quantify that 500 square feet of floor area. Not a big issue for me, but it is difficult for enforcement. Mhm. And we don't want to put enforcement in a position where there's any ambiguity. If I can take a tape measure and go put up 5 by10 wall space and there's 50 square feet of display area and the limit's 50 square feet of wall display area, that's something the enforcement officer can easily handle. 500 square feet on the floor. There's nowhere in town that except at a vape shop. It's 500 square feet of of display

area. It seemed like that's some Maybe I'm missing something. I'll take all kinds of advice from from you all, but I may be missing something there, but I just don't see it. Any further discussion? All right, I'll entertain a motion if there is one. Mr. Chairman, I'd like to make a motion that we approve the uh definitions with the following uh revisions. Uh this motion would include the removal of the one per 10,000 population square uh one per 10,000 person population restriction. This would remove the 500 square foot floor area language and would include the 1500 linear foot separation from schools, daycarees, etc. of that type nature. And then the 2640 or half mile distance between similar facilities. and that we would include the uh use u allowed in B2 by special use or in a conditional business district uh through conditional zoning. Thank you, Mr. Hines. Have a motion. Do I hear a second? Second. Thank you, Mr. Young. All in favor? I. Any opposed? Hi. All right, Mr. Workman, let's move on to the next 6B.

Yes, sir. And did we approve the definition as well? I didn't know if Mr. Puffine mentioned this. Yes. Okay. Just making sure that on page 16, I believe. Okay. Yes, sir. The next item is a reszoning for a property over on Gant Road. It is just a straightforward reasoning. Let me pull it up. Sorry about that. Okay. Yeah. So, there is currently a 1.7 acre lot that is zoned light industrial. The applicant is requesting it be reszoned to a residential general for the purpose of constructing a manufactured home on the lot which is currently not allowed by the I1 zoning. Um the property is listed on the future land use map as suburban residential with predominant or with principal uses such as single family homes, new neighborhoods with a range of home options including duplexes, town homes, and multif family dwellings of 12 units or less. Um, this request would be consistent with the future land use plan. And you have some material maps. There's your future land use map. And the staff recommends approval based on the 2035 Graham comprehensive plan with the future land use listed. Thank you. Yes, sir. Open to public hearings. Anyone here that would like to speak before that? State your name and address. Never done this before. So you'll bear with me. Frankie King from 1658 White Skinner Road, Burlington, North Carolina. What was your last name? King. K I N G. Okay. We just like I basically what the language says, just trying to reszone it to put a right beside mother-in-law. That's where she lives over there, too.

So that's basically all we're trying to do. So are you um going to be the one putting the house there and going to live? Yes. Me and my wife. Yep. You're going to live there. Yeah. That's my forever spot. That ain't moving nowhere. Gotcha. I'm not that person that put something and turn around, sell it two years later. Right. You go look at my storage unit, you can tell. Gotcha. Yeah. And basically what I'm doing is right there where that triangle is, I'm going to leave that all woods. That's going to stay nature back that way. And I just want to clear out that little spot. It's like 90 foot from the red line to the other side of that white line with the that white line supposed to be on opposite side of that. So, it's supposed to be 90 foot right there across the front and 70 foot in the back. I come within the 30 foot road from the front of the road property line and the back of the property line and the 8 foot from the sides cuz I'm going with a 52 or 56footer. So, everything falls in place. But I want to just clean that side out, right? That little rectangle and just leave the other part nature. Is that city's uh water and sewer there? Um right now I know that's city water and that sewer line they got the main sewer line where that white spot is that stand right there. That's the sewer for city. So are you planning on connecting to the city? You putting in a city? Yeah, city water and city sewer and all that. It already has a well on the property so I don't know if I'm going to re like use it as water in the flowers or something to that nature because it used to be trailer park there or something years and years and years ago. Right. So everything is straightforward. Thank you. Any questions for Mr. King? Thank you, Mr. Thank you. Anyone else from the audience like to speak about this? If not, I'll close the public hearing and we'll have discussion. I don't see a problem at all with this.

It meets the comprehensive plan. I don't have a problem with it. No, sir. Just finish. Absolutely not. All right. I'll entertain a motion. Come on with J chairman. I Mr. Chairman, I'll make a motion we approve the resoning as uh proposed uh sighting uh Graham's citing conformance with Grahams 2035 comprehensive plan which calls for suburban residential in the area. Uh the uh section 3.3.2 two of focused development and section 4.3.1 for land use patterns both being consistent with suburban uh residential development in that area. Furthermore, the uh petitioner uh is planning to develop his own home in uh similar uh growth pattern with his neighbors and uh existing uses in that area on both sides of where he proposes to locate his home. Second. Thank you. I hear a second by Mr. Benesh. All in favor? Any opposed? There is unanimous. All right. Any public comment on non-aggenda items from the board tonight? Anybody got any non-aggenda items they want to discuss? Mr. Um, Mr. Chairman, if I could just take a moment. Uh, we had talked about the Ivy Road and East Gilbreth. uh 29 town homes. And I would just like to commend that group of developers for going before the Army Corps of Engineers

and getting the permit process approved before they come to town council so that they know that town council has a viable project. Thank you, Mr. Jones. You got any public comment? Any staff comments? No, sir. Appreciate y'all coming out tonight. If nothing else, I'll entertain a motion to adjurnn. So move got a second favor. Thank you.