Planning Commission - Regular Meeting

I'd like to thank you all for attending the meeting tonight. So, welcome to our planning board meeting for the evening. If you'd like to bow with me, I'd like to open us in prayer. Father, we thank you for this opportunity to be here and to serve the citizens of our community. I thank you for all these board members that share their time and I appreciate always you being here with us, your guidance, your help, your wisdom, and all the things that we're trying to make good decision decisions, excuse me, and servants to our c to our community. And we ask these things in Christ's name I pray. Amen. You'll stand for the pledge of allegiance. I pledge algiance to the flag of the United States of America to the republic for it stands one nation indivisible with liberty and justice for all. Thank you again for being here this evening. I've got just a quick statement on public comment that we were trying to find earlier. So, thanks for bearing with us. At our first meeting each month, we set aside some time to allow for public comments from our citizens or anyone wishing to address the board. Each speaker is given three minutes in which to comment. Speakers are expected to be civil and respectful to the board in their language and presentation. It's the board's practice not to respond or engage in conversations with anyone who speaks in order to give the speaker the full amount of time to voice their concerns. If you raise a matter you would like addressed by either the board or the town staff, please leave your name and contact information with the town clerk and someone will follow up contact you. Please understand that state law prohibits us from discussing employee personnel matters with you. And

then in speaking and comment to a particular agenda item when that's presented again you have three minutes per speaker to address us when we open up the public comment forum uh with a total of 30 minutes. You can if you have several speakers that have been allotted to speak for one particular item. Then you can extend that time if you have four more to six minutes to speak to the board. and then otherwise we limit the entire uh speaking session for public comment to 30 minutes just so everyone's aware.

Thank you Miss Austin. We did not Miss Smith have any public comment for general comment. Okay, thank you very much. Do we have any adjustments to the agenda? With none being, do I have a motion to adopt the agenda as presented? Miss Temple. Second. Second from Mr. Catz. All in favor? I. Approval of minutes. Has everybody had a chance to review and comments or motion to accept?

Thank you, Mr. Cole. We have a second, Miss Temple. All in favor? I I any old business to consider? Then we'll move to item nine, new business, is to consider reszoning request RZ2026-01 for 2.169 acres located at 713 Faith Road. Good evening everybody. Patrick, how are you sir? Well, I hope you all are doing very well. any conflict of interest with board in this matter? Thank you. Please proceed. I'd

like to turn it over to uh attorney Kerry Austin.

Uh at the start of each planning board, uh we go through the scope of municipal authority. Uh in North Carolina is a hybrid state. Um municipalities are granted authority from the state and they're usually referred to as either Dylan's rule state or a home rule state. In home rule states, municipalities have broad powers to make their own rules. But in Dylan rule states, municipalities can only exercise the powers that are expressly granted to them necessarily or fairly implied or incident to the powers expressly granted to them or that are essential to the municipality's purpose. North Carolina is neither of these, but is a hybrid and uh the grant of authority is interpreted nar more narrowly than in a Dylan's rule state. Cities and towns can only exercise the powers and authority expressly granted to them by the state legislature and there is no inherent authority for a city or a town to act. Um we are granted power through state statues statutes, local bills, uh our town charter, things of that nature. And the state legislature really controls whether or not a state, a county, or a municipality has authority over a specific service or governmental function. For example, counties generally have uh exclusive responsibility for schools and social services and towns uh have others like zoning uh within their jurisdiction. And in the ATJ, the state legislature determines through state statute what the town can or cannot do. Um for example, we cannot charge impact fees for development.

Additionally, planning finds it necessary to go over some land development. Uh to note, by right or base district development, all land is eligible to develop under local zoning regulations which establishes permitted uses, densities, and other associated development standards. Development complying with existing zoning is approved administratively by staff by right or base district resoning. This will be the first case you hear this evening. Uh this is a resoning request to a base zoning district. Such requests require approval by the town board. However, no conditions may be added. Additionally, a conditional reszoning. Developers may voluntarily enter into a conditional zoning district to restrict uses, densities, and other site features as depicted on a concept plan. Conditions may include site enhancements or community benefits. For example, increased buffers or residential design standards. Conditional resonings require approval by the board of commissioners and become binding through a sightsp specific ordinance approved by the commissioners and affidavit signed by the property owner. I'm Patrick Werner, a planner uh presenting RZ 2601 for 713 Faith Road. Uh this request is to establish zoning from residential agricultural to residential limited service in the town of Moresville. Annexation is being sought concurrently. This supports the town's strategic priority area of individual and community economic vitality by supporting the strategic plan goal to support development of housing, employment, and educational choices to support economic sustainability. Quick overview of the property. The owner is MTK Investments Fund 1 LLC. The applicant is Mr. Krishna. Property is 713 Faith Road, approximately 2.169 acres. Would reside within voting ward 1 if annexed. Here is an existing site photo. There is currently one single family detached dwelling on the site.

Again, the site is currently zoned. Ayardo County RA currently has one single family. All surrounding land uses are residential to the area. The site is located outside of the town's watershed protection overlay and has no stream buffer constraints. Our comprehensive plan indicates that the future character and land use map identifies the site as neighborhood residential and the tiered growth map identifies it within both tier one and tier two of the growth map designated as a priority utility growth area. Wanted to give a quick overview of the byite uses for residential limited service. Give you a moment to review these. and also provide the uh density and intensity chart uh for both what is currently permitted in Ayardo County RA zoning and the proposed RLS establishment of zoning. staff has identified that the site meets all map amendment standards as the site is consistent with being a priority utility connection within tier one and tier two of the growth map. The site is compatible with existing land uses creating a logical transition and the site is consistent with the future character and land use map being designated as neighborhood residential. The site does lie within the four-minute response time and five mile response coverage area for station 3 as well. Happy to answer any questions and the applicant is also here as well to answer any questions.

Thank you, Mr. Warner. Any questions from the board to staff? And you mentioned the applicants here. Do we does the applicant have a presentation? Go ahead, Mr. Co. Mr. So uh I was under the false impression apparently that in in when when when we are in county residential is always two per acre residential but this is there's no the way this reads the comparison it's take a look when doing my findings of fact I did not identify one but I can certainly review I'm just curious was so interesting

there wasn't one directly available with looking at the density chart that I has on their website, but I could certainly do more research and get back to you with a concrete answer. Not important for this probably. Do we know what uh what the uh the requester is going to put here? I will uh defer to the applicant on that one. Great. Thanks, Patrick. Absolutely. And forgive me, did the applicant have a presentation? No presentation, but happy to answer any questions myself or I can invite the applicant up as well. Would the board like the applicant to be come to the podium to address any questions?

Okay. And please invite the applicant up. And sir, if you just state your name and address for the public record, please.

My name is Thomas Williams, surveyor with Pedmont Design Associates. My address is uh 274 Baymount Drive, Statesville, North Carolina 28625. Um the uh applicant is actually out of country. Uh he uh had his his father passed away and so he is no longer able to be here tonight. So I'm here in his place. He is requesting reszoning and annexation. Uh he wishes to uh get municipal water. Uh it will still be served by well I mean septic. Uh and he wishes to divide it and to have three residential lots is the end goal. Any additional questions from the board? Thank you very much. Appreciate that. Did we have uh I don't see that we had anyone from the public set to speak here? Okay. Then thank you. Any additional questions or discussion, questions from staff? And at this time, we're open for a motion. Make a motion to recommend the town approve board approve RZ-202601 as the proposal is consistent with the town's one morsville comprehensive plan specifically established zoning of 713 Faith Road to residential limited service appropriately extends the adjacent zoning and aligns with the future character and land use map designation of neighborhood residential. Furthermore, the purpose is reasonable and in public interest because it provides logical and orderly transition to surrounding lowdensity single family uses, aligns with the tier one growth policies, and supports continued residential development in the eastern Moresville corridor.

Thank you, Mr. Do we have a second? Have a second from Mr. Mack. Any discussion? And all in favor? I opposed. So motion carries and we would recommend approval to the town board at this stage. We'll move to item 9B, which is to consider conditional reszoning request CZ2026-01 for 135.15 acres located at Barfield Road, pin number 4648897100. The applicant is requesting town of Moresville conditional hybrid light industrial C-HLI.

Evening board. Good evening. We have 2026-01 Cornelius Road Industrial. Does anybody have a conflict of interest?

Any conflicts from the board? I would like to state just for the public record, I am in uh member of the community development corporation and with that board our charter is to help assist with providing workforce development for the town of Morrisville and so with that board I had met Mr. be to talk about this project. And so again, I look at it from a open slate, but I'll leave that to the board's approval if you feel comfortable with me in both capacities. Well, thank you. I just like to state that for the record. No problem at all. Thank you, sir.

Please proceed. Ryan Beetle with JS Acquisitions LLC is seeking town of War Morsville conditional hybrid light industrial zoning for a 135.15 acre site located at unadressed Barfield Road. Annexation is being sought concurrently. This will support our strategic pri priority area individual and community economic futality by supporting the strategic plan goal of assisting business growth by leveraging local strengths and identifying new market opportunities for expansion. The owner is Vanderlay Investments LLC. The applicant is Ryan Beetle JS Acquisitions LLC. It's unadressed Barfield Road, 135.15 acres. And there's a little bit of not knowing which voting w it's going to be on because it's kind of between two. As you can see by this map, it's W 2 and W 4. We assume to be W four since Atwater is right there near W 4, but we are open to interpretation by board commissioners at a later date on what the finalized ward will be. Here's a current site photo off of Cornelius Road. The the site is currently zoned county residential agricultural and is vacant. The site lies within the WSIV critical area which restricts the site to 50% maximum impervious. I did want to note that the project proposes only 35.53% impervious as that's not something that the planning department sees often. Usually they try to max out that EUA. The request is re to reszone to conditional hybrid light industrial to allow for the development of approximately 885,000 square feet of industrial space across four buildings. The project will provide 13 acres of tree canopy retention and over 13 acres of green space. The applicant will construct public infrastructure from Cornelius Road to Barfield Road. The future character and land use map designates this area as neighborhood residential. The property is identified as tier 2 in the area of town's tiered growth map designated as a utility growth area and the Moresville tomorrow comprehensive plan working draft identifies this parcel as employment center which is the future interstate exit will also transform this area. Um, there are several TIA mitigations

that these folks will need to complete. I've made several slides for you to re be able to read through them. I'll pause in between, but if you could just kind of take a peek and understand the massive infrastructure improvements that they will have to provide. This is their concept plan. It was approved on March 2nd, 2026. You can kind of see the layout of the buildings and where the infrastructure will connect Barfield to Cornelius. uh the restricted uses through voluntary uh they have chosen to cross out data center. All of the rest of the hybrid light industrial are up for grabs. Uh their neighborhood meeting was held on February 17th, 2026. It was held in person at the pit instruction and training center right down the street from their site. Had 11 community members attended and feedback included concerns about the road, the new road, the new public infrastructure being used for cut through traffic and many were questions were raised about the different mitigations. The site is consistent with being a priority utility connections within tier two of our growth map. It's partially inconsistent with the Morsville plan as the town framework designates this area for core development where employment uses and expanded connectivity are supported. However, that future character land use map designates this area as resident peninsula residential. The site is incompatible with existing land uses creating a logical transition. However, the new interchange will likely influence change here and the site is within the five mile response time. However, this area is outside that preferred four-minute response time for stations two and four. Happy to have answer any questions. And I also have the applicant here with a presentation.

Thank you very much. Questions? Yeah, I have one. Of course, I know the answer to this. Um, does the DOT have a date for the exit? Is it Cornius Road that's supposed to get the next exit 77? And is there general date that they provided for that? The last thing I heard is in the 2030s. Yeah.

I need you to repeat that because just because we're on live and needs to be streamed, please. Sorry, James Coley. The project has been identified. So, it is in the stip. So, it is a known project, but the timing will um vary until it's actually led and it is Cornelius Road that's identified. Yes, it'll be the future of 38, I believe. Okay. And the mitigation steps that you ran through for us, those will handle the necessary capacity, stacking, etc. So that if it's there, there is all kinds. I spent a couple hours typing all these up.

Okay. that they're doing everything from realigning an entire in intersection to restriping to turn lanes. I mean, when you introduce that much truck traffic into a rural area, you have to provide all the So that handles accessibility whether you're going north to say Troutton exit or they are going everywhere from US 21 and Cornelius Road, Barfield and Cornelius, Cornelius Road at their first site access, Barfield Road at the second site access and beyond. Okay, thank you. Any additional questions for staff from the board?

Just to clarify, so that that one little finger that reaches Cornelius Road, is that where the is that where the where the new road would go through to Barfield? We don't have the exact alignment of where it will be just yet. Well, is there another option if that's their only property connecting with Cornelius Road? Well, they have access to Cornelius Road to do theirs. I thought you meant for the 2030 exit. How that work? No, no, no. I'm asking the connection. They're going to connect Barfield and Cornelius Road. Yes, they're providing that public rightway. It's north south on there. Oh, I should be looking here, shouldn't I? Yes, sir.

I got you. It is right through that strip. Okay. Thank you. Sorry. Oh, no problem at all. Any other questions? Uh, the applicant is here. If you would like to hear their presentation, we would. Thank you.

And if you'd please just start with your name and address for the public record, please. Yes, sir. And I'll back up a little bit. Sarah Bon with Alexander Ricks, uh, 1420 East 7th Street, Charlotte, North Carolina, but longtime morsel native off of Broly School personally. And then also with me tonight is Ryan Beetle with Jackson Acquisition. Jackson Shaw. Go ahead. Uh, Ryan Beetle, 301 East Tmont, Charlotte 28203 with Jackson Shaw. Thank you both. Please proceed.

Thank you, sir. So, I'll just kind of go ahead and skip through um what Ashley has more than competently covered for us, but tonight you have myself, Alexander Rick's land use attorney um out of Charlotte, but like I said, born and raised here in Morzel. We have Ryan to address any questions from de developer. We also have Jeff Orsbornne who has handled all of the site engineer as we come into questions with any of that. We also have a DRMP who has handled all of the traffic engineering um for any questions that may arise with regards to the traffic improvements. Thank you.

So, as you as you've seen, the property is located here off of Cornelius Road adjacent to I77. It's about 135 acres. We are currently in Ardell County and so we are concurrently seeking annexation as well as a reszoning to the HCLI. As you can see here under the land use plan on the left for morsel um this is within the village center a portion more of that flag lot kind of extending down to Cornelius that you were just referencing Mr. um that is in that kind of village center and employment uses under the current um comprehensive land use plan, the morsel one or one morsel. And so it is tiered for that growth. Um we would like to focus Cornelius Road in particular even in that current plan really calls out additional employment uses uh nearing this updated Cornelius Road interchange and then even with the working draft of Morsville tomorrow which I think is 99% complete but still kind of working through that it envisions this use at this particular site and is called out as one of the focus areas of that draft. Again, we acknowledge that as a draft, it is not currently adopted, but we do think that it is indicative of where the town believes it is going and believes that this the proposed use is appropriate. As shown in the concept plan, there are four industrial buildings. In the aggregate, it will be up to 885,000 square feet capped. The prohibition or one of the restrictions on use proposed is a data is that this will not be a data center. I think another key public uh benefit that this project is providing is that it will construct and uh dedicate a new wastewater lift station to the town and that is expressly in our conditions. There's over 13.6 acres which is I believe double about double the what's required for open space and tree safe area on the property. There's significant separation between the

proposed uses as well as the adjacent um lots and existing uses through the placement of the buildings as well as 50-foot buffers along the perimeter. There is one exception to that perimeter buffer just to be clear. It is not along kind of those small property edges adjacent to the I77 controlled access area. There's also 50 foot reveated kind of buffers from the streams and along the lake. Those are all within kind of that dark green um undisturbed area. And as Ashley noted, we're well below the 50% max of impervious area at 35.5 approximately. I know at the neighborhood meeting um and just in general the question is going to be how close are you? Uh, and so Jackson Shaw had already gone into that, done the measurements, and shown the closest kind of if we have bottle points, we're over 508 ft between the building and the next adjacent structure at building two. That's the figure to the left. If we're looking at building four, the figure to the right, the closest we are there is about 348 ft. Another key factor in kind of mitigating that concern is the topographical layout of where those buildings are to be constructed. They're significantly below those existing residences and properties. In addition, that buffer I previously referenced is going to be vegetated on our side of the property as well as well as the existing vegetation on those properties. So there's significant visual um separation and mitigation as well as not only horizontally but kind of vertically separating those those uses as required pursuant to the town before we could ever even get concept plan approval. We conducted the traffic impact analysis. I'm going to see I'm used to mine. I wonder if I can that is not what I meant to do. I was going to try and zoom in. It's easier to speak through some of the

improvements based on this kind of site layout showing exactly where all of the proposed turn lanes are going in with to help address the traffic concerns as we're turning on to Cornelius as we're turning on to US 21. Do you know how to get rid of that red mark? I'm so sorry. back. I was like, why is this not working? Just hold though. Okay,

thank you all. Sorry for my technological difficulties there. Um, so, all right, perfect. So, this is that flag entrance is kind of the primary access off of Cornelius. And so it's showing the lanes we're constructing coming out as well as that right lane from Cornelius and stacking going in. If we go further north, that's kind of showing where we connect then to the Barfield Road from that public rideway being built through the entirety of the site and the turn lanes that were going to be constructed there. And then if we come down Barfield over to where it currently connects at 21, the additional turn lane in red being constructed there onto onto Barfield to help alleviate and a trafficked signal which we'll talk about later as well. Uh and then additional kind of turns along there to help with the traffic flow. I'm a visual person, sorry. So I kind of have to align the visuals with going through how we're doing all of this. Um, so this is kind of then referencing back to the stip project you had asked about Miss Temple. Uh, this is within that planning area with regards to that exit 38. I believe Ryan you confirmed right ofway acquisition is 2028 I believe is current

2028. 2028. Um, we also understand how NC dot works. Currently they're planning to begin rightaway acquisition in 28. They're currently beginning uh planning to begin rideaway acquisition in 2028 and then begin construction in um third or fourth quarter of 31. That's the current schedule. Okay. Thank you.

So in addition to the traffic um and other kind of concept plan conditions, there are also architectural commitments that is being made and with building materials and how those will look. And so we have um all of that set out in the condition with regards to the materials and how those are those are constructed. Conceptual elevation showing the product as well um based on some recent projects Josh has done in Landis as kind of a base concept.

Thank you Sarah. So we should have renderings for this project completed in the next two weeks or so. Um, but I want to go back to the slide she just showed. These um Oh, I'm I'm This list of materials was put together by our architect who was our architect um in Landis on Old Bady Ford Road and will be the architect for the project as well, Steve Schmmed. He's in Charlotte. Um so it's concrete, tilt up, tilt wall construction typically. Um and then they can do things with the panels, recess panels, uh with rustication, different textures, form liners they can use and paints. Um and then they use things like ACM composite materials just for design elements at the corner entry features. So if you see the pictures here, the ACM would be what kind of looks like the charcoal or graphite sort of canopy feature on the corner of the building or the the middle entrance of the building in this case. So these are buildings that we just constructed and delivered in Landis on Old Bady Ford Road. They finished up, this building finished up in I think September of 25. So uh about 6 months ago. Here's another um image of a building on the site in Landis and Albert Ford Road. And so the building's designed in Morsville will have very similar design features and scale as well. Um twotory curtain wall glass 20 foot glass um entrances and corners. Little bit about Jackson Shaw. I think this slide might be slightly outdated because we're 54 years of business now. We're formed and headquartered in Dallas, Texas. I lead our Carolina's office. I live and I'm based in Charlotte. Um, and we develop hotel and industrial product focus on industrial development here in the Carolinas. Um, we've completed over $3.6 billion in transactions and over 63 million feet of product successfully developed um and markets across the Sunb Belt. So, um, Landis Ridge was our first project here in the Carolinas. We've developed all

over Texas in Dallas, Fort Worth, Houston, Austin, San Antonio, as well as, um, Jacksonville, Florida, Las Vegas, Phoenix, and Denver. Headquarters in Dallas. We have an office in Houston, and then an office in Charlotte. And I just, you know, the stats on the last slide go back to kind of our our company history, which was founded in the 1970s, but just more recently since 2012 alone, we've completed um 109 buildings over 13 million square feet. This just small thumbnail photos of some of our um past projects. You can see Landis Ridge down there bottom right. And then these are other projects we've developed uh around Texas and in the Denver area. So it just gives you some idea since the renderings are not quite completed yet for the Morsville project of kind of what our design standards are and some of the architectural features and what we do for the entrances with glass with um creative materials and and whatnot to enhance the the elevations of the buildings. We are building these buildings speculatively. Um the plan is to try to uh we we're going to go with CBRE to be our our leasing agent and to market the property and and plan to start that in the next couple of weeks. Um you know, in our experience, we find sometimes when we announce a project like this and it becomes public and people are aware that there's product in a building available, there's a demand for it. One of the buildings could turn into a build suit. Somebody that says, "Hey, I didn't know this project was going to be there. I didn't know this was an available option. I want to be there. But we're currently planning to develop all four buildings speculatively, meaning we we don't know who's going to move in at this time. We just have a good idea of the current tenant mix in the Charlotte and North Greater Carolina's region. And then we can show you past examples of of

tenants in our building and tenants that occupy our buildings in other markets. And that concludes our presentation. So, we're here any questions anybody has for me. Um, as Sarah mentioned earlier, we have uh the design team here. So, Jeff Osborne with Osborne Design Group, who's the civil and our traffic engineer, is here as well from DRP. So, happy to answer any questions from anyone. Thanks very much. Questions from the board for the applicant.

What are we looking at in terms of timelines? I understand the interchange construction is going to start in 2031. What is this looking like in terms of build out and when you'll have tenants moving in? we're going to be ahead of the the interchange. So, um if all goes well and and we're able to get in next to resone and go forward with the project, you know, things have just changed. Moresville is now um handling permitting for grading and erosion control. It's a new thing from Idol County, but we have um construction drawings and and plans pretty much fully fully completed. So, we'll be ready to submit for permit as soon as we um are heard by the town board. So, our plan would be to try to to begin construction sometime by the end of the summer, and the project would then deliver in early 2028. It's about a 18-month timeline. So, we'd be finishing up as DOT was beginning its rideway acquisition, and we'd still be probably three years out uh before they begin construction on the interchange.

Then, I know there was obviously a pretty extensive list that was required as part of the TIA. Do we know what the traffic count anticipated traffic count increase will be? We Yeah, we do. And I think Dyron can speak to that. Um it's without knowing the tenants in the building. So there's there's a specific formula. There's guidelines that this it's based off square footage and based off dock doors of the building. Um and um I'll let I'll let Dyron give the spec specific uh details though. Good afternoon. Uh my name is Dyron Capers. Uh address 8210 uh University Executive Drive uh Charlotte, North Carolina.

Thank you, sir. Yes. Uh so for uh trip generation, we typically look at uh the peak hour trips for the traffic study. Uh in the morning, in the AM peak hour, we're looking at 242 uh vehicles entering the site, 58 exiting. Uh and then the afternoon, 66 uh trips entering the site, and 234 exiting. Um, like Brian mentioned, uh, we base this off of it, uh, trip generation rates. Um, so this is all, you know, based off our square footage. There's equations and rates that, uh, equate to, uh, you know, the trips. Thank you. Any additional questions for the applicant or the team?

Mr. Cole, just uh, back to that trips. uh when the uh TIA is done, do we have an idea of the current uh traffic situation and and how much this what percentage increases might be and and related to Greg's question, u all of the road improvements will be done then by the time you're finished construction.

That's right. Yeah. I I you know I think getting a CO for the buildings or getting even a driveway permit from the DOT is going to be conditioned on on those off-site mitigation measures. So the TIA just to be clear it is it's completed um and it's been submitted to the NC DOT and to the town reviewed all the mitigation measures have been agreed to. So the town had its list of um desired mitigation measures DOT had its list of desired mitigation measures. All those were rolled up into the the mitigation measures agreement. So we're actively working on pursuing all the rightaway and any easements needed for all the measures currently.

So if I just to clarify, so the measures that are agreed to as part of this request include the TIA requirements are and are there additional that were added by the town or or the DOT on the top of the TIA?

There were. Yeah. So we we did our our TIA and we had our list, you know, we proposed certain measures that we thought needed to be done based off our analysis and then we presented it to the town and the the DOT for their feedback. They both added uh additional measures which we agreed to do and incorporated into the MMA and and we're actually exploring based on feedback from our our neighborhood meeting. There was a suggestion by some of the neighbors on Barfield Road to look into a possibility of a a turn lane that was not included in the MMA. It wasn't something that was um really warranted by the trip counts and by the data or asked for by the town or the DOT, but we are meeting with the neighbors um having the area surveyed trying to see if it's feasible and looking into an additional um measure that's above and beyond the MMA.

A little bit off of this question just to refresh my memory. Uh so your site is below the homes on in both sides. It is. Yeah. So, if you can see the site plan here over at the northwest corner of building two, we're 28 feet below grade from the nearest existing structure. And then over on the eastern portion of the side of the right, building 4 is 32. Building 2 is 24 feet below grade. Building 4 is 32 feet below grade. and you chose one of the options in this in this category of of zoning to provide that uh tree structure whatever the the uh buffer buffer

the buffer yeah there's a 50-ft buffer surrounding the perimeter of the site that's going to be platted as common open area yeah if I'm if I understand it right in in the in our uh our ordinance there's choices of what you're going to put there that you're allowed to make that choice is it going to be adequate to provide sufficient screening from those even even with even with the the grade separation. I mean, I think you're better off being below than above. Yeah, I I think so. So, there's as Sarah Sarah mentioned there there is a 50- foot buffer. Um

I'll go back one slide further. If you look at building two, the the closest building point to the closest structure is actually 58 ft. Um and there's going to be either a reinforced slope or retaining wall there. That's what's going to cause the grade separation. So 58 ft is almost two football fields of length. So it's well above and beyond the 50 ft perimeter buffer. Um which you can see but it's a little unclear at the edge. Over here uh at building 4 is 348 ft. So a little more than a a football field of of separation. And then that had the additional that's um further grade. And there's a lot of existing wooded area there on our neighboring property. again on our property that remain and then we're going to reveate um any area that we disturb as well for additional screening.

Maybe maybe for the staff then you the staff satisfied that this is going to provide over time a pretty significant u uh screening area between the site and the and these two buildings where there is residential. Yes sir. Thank you. Thank you Mr. Cole. Any additional comments, questions, template, my question is a little bit towards Carrie as well. When it's silent as to timing for their proposed conditions, when are those conditions due? Um, with regard to the mitigation measures,

I'm looking at number three and number nine, the wastewater lift station as well as the road maintenance improvements. Um I think that uh staff would probably I have not seen the mitigation measures agreement itself but uh those are I mean those have to be put in for our buildings to be operational that

I think that they would have to definitely be there before the permitting um but um and the certificate of occupancy um as far as the lift station but it it's not a specific timing we have seen in the past where we have said you know by 50% or by x % um of a buildout especially when we do things in phases like I'm thinking more of residential developments in that it's where I've seen it most but um but yes that's a possibility u the mitigation measures agreement may or may not speak to it otherwise does it we will we will ensure that all mitigations are completed prior to the first co

and does the mitigation agreement include the public road that's being put in that's correct and is the top coat on that public road. I don't I've driven around Moresville and and is that tied to anything? The road would have to be completed. Okay. It it's up to engineering at that point to say if it meets town standards and they should not accept it until it meets town standards and we should not be releasing the bonds until that I was going to say it would be bonded as well. So yeah, we would require a performance guarantee of some sort.

Okay. And I would just so if you do get the MMA, it specifically says the below improvement should be in place prior to the issuance of the first certificate of occupancy. So that is already addressed expressly in the MMA. Yeah. The town will have since it is going to be a public road, it's built to public spec. So the town has published specifications on the the subbase for the road, the intermediate course of asphalt, final course of asphalt. Um and then we have third-party engineers that test along the way. They take core samples, document the construction, and then as Sarah mentioned, it's bonded, and I believe there's, I think, a one-year warranty period um before bonds released. That's usually the case. Thank you, Miss Temple. Any additional questions?

If not, then thank you very much for the presentation and question period. Uh at this point, I think we have one signed up to speak in this matter. Thanks for your time. So, I'll open up the public comment portion. And we have Brian Meals signed to speak.

You, Mr. Mills, if if you'll please come forward and again state your name and address for the public comment portion. Okay. So, Brian Mills, 162 Eminem Farms Drive, and I'm one of the owners of the land that adjoins this property. Yes, sir. Thank you.

Um, I feel like they're very well planned out. I mean, um, I don't think any resident would like for any project to change. I mean, you move somewhere and you want it to stay the same. Um, but I think they've got a well thoughtout plan. Um, I can't speak for all the residents, but I think the majority uh feel like it's purposeful. Um, it kind of follows the the board's plan, the town's plan moving forward. Um, I think our concern, like anybody, is uh traffic. You know, that's what we're concerned about because um originally we had thought the um I mean, I don't know, I grew up here, so you know, the interchange at Cornelius has been talked about at least 40 years, if not longer, and it has not happened. Um I think around COVID it was planned and of course that put off with budget constraints and so now we're looking at 31. So even you know 11 years later maybe than we thought. Um very happy that they're putting a light in on Barfield because that's the road that I'm living off of. I think it is going to have an impact with some cut through traffic from Cornelius as you'd see in the afternoons with the you know backup from Bluefield on. Um, and so that's why I would like to recommend I know this can't be probably guaranteed, but I think a left turn lane designated coming out of Barfield will help. Like they said, their project has been speculative. So while they can run traffic studies, they really don't know where the trucks or the employees that are going to work this site are going to live or travel. Um, so I think I would like to see, you know, of course we'll have a straight and right lane out, a designated left lane if possible, and then of course they're lane in and they're also putting a lane in coming from uh 21 South. Um, and I assume y'all don't ask me any questions, correct?

We don't, but good points. And we can we can also ask our staff, you know, regarding some of those. Yeah. Yeah. and and I really do appreciate the time probably the board and the town has put in to planning the project and I definitely think the light's a positive addition to Barfield. Well, thank you very much. We did you have anything else to say? No, sir. Thank you. We certainly appreciate the comments on it. Thank you very much. Yes, ma'am. Let's let's go ahead and hear this gentleman. We've got time to do so. Good evening. I apologize for the last minute edition. I wasn't aware I needed to sign up. I've never come to one of these meetings, so I apologize.

Understand. And your name, sir? My name is Christopher Lee. I live at 168 Dorothy Lane, which is actually right about here.

And I can tell you by living there, nobody has made me aware of any community meetings that they were referring to. And that's probably why you only had 11 people show up. I'm not very smart, but I can tell you a little bit of cursory research that I put into this in the brief amount of time that I found out about this meeting was that spot zoning is not a legal thing. All of the land surrounding what they're proposing is residential from this their own thing right here. this building which sits right next to this address. What they're failing to mention is all these are dock spaces. So you're going to have semi trucks pulling in and out of those, but they don't account for any noise abatement. They tell you, oh well, it's 34 feet or whatever it is. I can tell you from living there it isn't. When I can hear animals coming across my neighbor's yard, there's no noise abatement. You know, they tell you, "Oh, but there's 50 feet of room. So what? I'm 50 feet away from you. If you said something without a microphone, I could hear you." Now, imagine a semi-truck driving up back and forth. Another issue I have with this is the property values. Mine specifically are going to tank. When you're putting in this, which is currently zoned for houses, which we need, or a farm, and you're going to drop this next to neighbors, that's not acceptable. That That's a real problem with that. The the traffic that he alluded to.

Yeah. Right now, just with the traffic that we have at 5:00, Connector Road going up to the bridge is backed up. The interchange that they'll be putting in right here will only have a northbound lane. There won't be a southbound lane that's going to get dropped down to what is it, a mile away where they have to drive past other residential areas. So, while they tell you they have planned for this and they've mitigated this and they've accounted for everything, as a resident, I can tell you they haven't because they're going to destroy property values for the people that are already here. This is zoned for a farm or houses. It needs to remain that way. Spot zoning in North Carolina is not allowed for this very reason. I appreciate your consideration.

Thank you very much. With that, I'll close the public comment portion for us and if there are any responses to the comments from either staff or the applicant. I'll defer to Sarah Bon regarding the neighborhood meeting notices as she mailed them, but I gave her the abutters list and he did have neighbors that were at the meeting, so I'm uncertain as to why he didn't get a notice unless he wasn't truly abuting the property. Did the applicant have any responses? Ryan, you want to come up? Anything else that you wish to address, Ashley? No, sir. Okay. Thank you.

Yeah, I I I don't have a whole lot other than to apologize if you didn't get a notice. We we got the list provided from the town and we have um documentation of who all it went out to and we had several folks from Dorothy Lane attend the meeting. So, um, apologies if if you didn't get an invitation to our neighborhood meeting. Um, uh, and we can provide you with the list that we received and who we sent notices out to if you'd like to see it. Happy to do that. Um, I don't have anything other specific really to, um, rebut address from his comments.

Okay. Yeah. Thank you very much. S Sarah, things we should point out. I mentioned when we were talking about the traffic piece and the the mitigation measures and and there was one thing that we're exploring that was above and beyond what's in the actual mitigation measure agreement. It was the the addition of a left turn lane on Barfield Road on 21. That's the piece that's not in the MMA that we're exploring and talking to the current homeowners about acquiring right away on. So we um and have surveyors coming out to survey that plan in the next three or four weeks. Thank you very much. Appreciate Thank you all for your time. Thanks. Thank you.

I guess the only other comment I would make is in the question of spot zoning under North Carolina law. Um well the all the immediately adjacent properties may be residential as shown here. We are within a reasonable distance of other hybrid light industrial within the town subject to the town zoning. Um so would dispute that this is any alleged spot reszoning. Thank you. Thank you very much. Any comment from legal on that? Not unless you all have questions. Any questions or discussion from the board? I do. I'd like planning or legal to explain to me why this is or is not spot zoning for clarification for everybody in the room.

I will defer to the town attorney on that. Thank you. You're welcome. Um so uh spot zoning per se is illegal. However, conditional zoning itself is a type of spot zoning that is actually legal. So conditional zones are themselves specific districts. That makes sense. So uh you have HLI which is hybrid light industrial. You have corridor mixed use and then you can see there's a condu conditional zone right there. Conditional zoning creates its own district. does. And so that is why that's the way it is. I mean, that's the simplest way I can put it without getting deeper into the weeds. Does that answer the question or

Yeah. Does that muddy the waters more? No, it doesn't. I just want to make sure that is clear so we understand.

It is. I mean it the spot zoning thing is meant for what the gentleman said which is you know you don't want to plop something into the midst of something that's completely opposite of what it is without reason. Uh but then again as Miss uh Bon pointed out there is some proximity to something similar. Um so those are all considerations when you're doing conditional zoning. It's conditional zoning is also not a particular zone. And so that's one of the things is that you as the town uh legislator so to speak. Um and the the applicant have this agreement as to what conditions are going to be placed on here. For instance, there's a list of by right of zoning um uses that are allowed in a specific area and we often see them limit that or we increase buffers or we do something with density. There's give and take there. So this is the way you account for having something a little different in those conditional zones as well.

Thank you. Thank you, Miss Austin. Any additional questions from the board? I did want to confirm with the board that you all were comfortable with the list of uses that they had provided with data center being the only one that was crossed off. Yep. Everybody comfortable with that list, existing list? Yeah, I was going to point out to the board um that if you look at the the proposed ordinance at the back of this section, that's where the conditions all lie. There's 10 of them.

If you want to look through those, if there's anything that you want to ask for that might be different or an adjustment, now would be the time to discuss that. Absolutely. Something like increased buffers for noise or anything like that. staff's ears are open and also while while that's being done then I'll invite whoever from the applicant side is going to come up and confirm those conditions. Have one more question for the staff. Yes, Mr. Cole couple of these tonight. The words let not listed are in the second column on these comparences. What what does that mean?

That's labeled in the UDO. Um, it could mean something small that is similar to something that's listed but doesn't quite meet the definition. Um, James, would you have a better definition for him on what not listed means? I know I asked this before and I can't, but for example, you know, recreation and entertainment, not outdoor recreation, entertainment, not listed like a pickle ball facility. That would be entertainment or recreation. That wouldn't be listed separately, but is a minor group. That would be another use. It could be entertainment, but entertainment is not listed. Could that be misconstrued to be something that's not permitted? It could be.

So, do the staff ever say, "Let's just take some of this out of here," or you you or do you just put it all over there? whatever's there. I take what the developer provides that they want to remove and bring that and listen to you all on what to take to the board next. So, I'd love to hear your guys's opinions. There are things on the lists here that probably would never be in this area, but you're limited by the concept plan, which they've agreed that they're providing. So, like outdoor recreation and entertainment. I mean, could it go in one of the facilities? I mean, maybe it'd be an indoor pickle ball facility. Yeah. So, I think outdoor recreation just I mean by the the concept plan that they're providing, they're not going to be able to do that

gas station. It's not on the concept plan, sir. That first that first condition means that they have to go back to the planning board if they would like to do something like that. So, they'd have to come see you again. But if this is approved by the town and later on someone else buys the property, then it's by right, is it not? plan is still conditions stay with the land. Okay, that's all. Thanks very much. Yes, sir. Any additional comments or thoughts in that direction? Miss Temple, you have I gota go back to that, Steve. I'm sorry.

Yes, Mr. Cole. So, so conditions stay with the land. But that's what you're telling me now is that so if Mr. Beetle sold this parcel to you and you were to build, you would be stuck with the conditions that are voted on by the board and his concept plan unless you chose to redo that and his concept plan. So that that tie stays there. Yes, sir. In a conditional reasonzoning, the first condition that our attorneys have us list is that everything is tied to the condition. So then the gas station couldn't be built.

So anything that's a minor modification, if you'll read number one there. So it shall conform to the approved concept plan. Any modifications post approval shall be consistent with the UDEO minor modifications which minor modifications can be approved by our planning director believe but if a major modification happened that would have to come back. So an example of a minor modification would be like in a residential neighborhood the cluster mailbox is moving across the street. A gas station is a major modification. I would bring them right back to y'all. Okay. I just want to get real comfortable. Thank you.

Understood. Absolutely. And I will say those of you who have either been on a board for a long time or have followed the board doings for a long time, we used to get what we would call a concept plan in the old days was more like a site plan. It was much more detailed and so it would have very specific things on there. I'm sure Mr. Katz and and Mr. Mclofflin remember those when they would come through. Um, but those are difficult for developers to get to that stage oftentimes so early in the process. And so we've gone more toward a concept plan that is not bubble but but more flexible flexible. Um so it is wedded to that concept plan but that concept plan is not going to be as detailed as maybe what you used to be using.

Correct. And then their next step after the board would be to go to site plan and that's where we really dig into all those fine details. They'll literally have to list out the species of trees they're going to plant for me. Yes sir. Any additional questions? If not, then would you like to go over the conditions? S. Yes. If there are no changes, uh, the applicant would step up to the podium, please. Um, have you reviewed the draft ordinance that has the 10 conditions on it?

Okay. Maybe not. Read the 10. Oh, no. She just wants to know if you've read them and have agreed to them. So, yeah, it starts with the site development conforming to the concept planned and ends with the site development shall conform to all applicable zoning. Yeah, I confirm I have read and I do agree with him. Thank you,

Mr. Cole. You mentioned that you would be interested that you're looking into the left turn lane at Barfield Road. If the conditions were such that it was a reasonable thing that would be helpful, would that be a condition you'd agree to? You're already putting a stoplight.

Yeah. And and frankly, and I'd happy for Dyron to come up here and address that more specifically with data. So um all of our analysis shows that the traffic signal alone handles any volume of traffic and sufficiently handles is a is the sufficient mitigation measure to implement there and it was a it was actually something that we recommended doing. Um it wasn't something that the town or DOT came with. We recommended it in our TIA. Um after listening to the feedback from the neighbors at the meeting, we agreed to look into the feasibility of of doing it. We've not had the land surveyed. There's structures fairly close to the road. We don't know what rideaway would need to be acquired and frankly the data doesn't necessarily support it. I'm still happy to give it a shot to help the neighbors. I'm not sure it's something that I'd want to put as a condition right now without I've had meetings with both neighbors that control both parcels on the north and south side of Barfield Road. They form the corners of Barfield and 21 on both sides of Barfield. Um, both were agreeable to allowing me to have a survey crew come out and survey the northern and southern borders of their properties respectively. Stake it off, see what it looks like, have a conversation standing in the field, you know, there discussion about old pecan trees and and whatnot. Just p, you know. So, um I I think it's something that we're putting a good faith effort into exploring to see if we can do it above and beyond the traffic signal, but without having additional information uh particularly from the current land owners yet.

So, the uh is that is that left turn impacted by the possibility of this flow through traffic that would come through the property?

Yeah, I'm glad it's a good question. So we obviously the interchange is coming. We had to study what exists today. The interchange doesn't even have its final design yet. So sometimes you do a pre-step and a postip analysis where you analyze what you project the traffic patterns to be as it exists today. And then also after the stip is is implemented without having a final design of the STIP from the DOT. They had us really just focus on analyzing existing today. And then you look at hey what does this area look like five years from now even if we don't build what we build and then what does it look like five years from now if we do build what so we're analyzing a few different scenarios as it exists today with no exit 38 in place it's projected that 60% of our traffic is going to utilize the Cornelius road entrance and exit from the park. That's kind of our primary entrance and exit to the park. It's anticipated that 40% of the traffic is going to use the Barfield Road exit. of the people who use Barfield Road to exit the park to get to 21 via Barfield, uh, all the analysis shows that 95% of those people are turning left. Everybody, the only 5% turning right because if you wanted to go south on 21, you would have just gone out the cornless road and enters the park. So, um, we're we are working with the traffic engineering firm now on signal design as well. So, the signal the design has to be approved by DOT. They time it. They sync it with surrounding signals. And you typically try to anticipate what you think the queueing is going to be in the turn lane and then time the signal adequately to allow the traffic to flow as intended to maintain the correct loss ratio. I but I he could speak to that much more precisely than I can.

That's good. I would you talk to uh based on your other projects that are similar to this, would you talk to the idea of this building for being all 18-wheelers using that building or since we could you explain what might go there or is it certain that that's going to be warehousing that's going to have large trucks going in and out? Yeah, I I mean my personal opinion is that building four is not very likely to have as much truck traffic as maybe some of the other buildings for a variety of reasons. One, that building really doesn't have space and and um trailer parking. So if you look for instance behind building two and building three, the truck court, which is the parking and loading area at the rear of the building, those are 190 ft deep truck courts, which allows space for trailer parking and just additional room behind the building. Down at building 4, it's 130 ft. Um there are no trailer parking stalls there, and it doesn't really have, you know, it's it's on its own on that side of the creek. So it kind of limits what you can do in terms of circulation and truck movement. So I think based off what we've seen in Landis, if you look nationwide and you look at just these kind of buildings and call it industrial or light industrial buildings in every market in the country, it's a breakdown roughly of 8020. 80% call it like logistics users is people that are installing racks and storing goods and moving goods. 20% manufacturing. If you look in the Carolinas right now or Charlotte, it's really more of 50/50. And I think if you look at our experience at Landis where we have really good uh utility availability, it's been more like 8020 on manufacturing side. So um big more expensive upfits the stick people that are really moving in to operate a business there and hire an employee base. Um they want to have good amenities for their employees that's competitive job market and they're putting in machinery and operating a business there. So my personal if I had

a crystal ball is that's more of the user for building four. I appreciate you giving us all that information. I think uh just a comment that timing is never right with traffic around here. There's a lot of growth. So all of that is helpful because it's hard to make a decision like this when an unknown and there is so much traffic on Cornelius right now. I so

I'll say the feedback over overwhelmingly at our our neighborhood meeting was fairly positive. Um I I think that the the sentiment was relief by a lot of people that attended that were not building residential that were not building apartments or homes on a on a a parcel of this size you could fit between four and 600 single family houses. Um not to mention if there was a multif family or town home or denser component. Um those are all higher traffic. Um those all cause higher traffic than the product that we build. Similar with retail as well. Um but there's certainly a lot of growth in the area which is why we've committed to the extensive mitigation measures that extend well beyond the boundaries of the site.

Thank you sir. Appreciate you. Anyone else have any to add? Can I ask the developer question? No. In fact, please don't comment from the audience. I ask you not to. Thank you.

If if not at this time, we're open for a motion. I make a motion to recommend the town board approve CZ 2026 01 as the proposal is partially consistent with the town's one Moresville plan while it is inconsistent with the future character and land use map designation of neighborhood residential. The request is consistent with broader elements of the plan including the vision of a connected community and the town framework map which identifies this area within the core development area where employment uses and expanded connectivity are supported. Furthermore, the proposal is reasonable and in the public interest because it aligns with the plan's guidance to promote employment along the Cornelius Road corridor and provides an additional north south connection improving connectivity in the area. The site is also located within the tier 2 utility growth area providing a logical extension of development in an area planned for growth. Thank you, Miss Temple. Do we have a motion to approve from Miss Temple? Do I have a second to that? Have a second from Mr. Poor. All in favor? Opposed? So, the motion would pass and we would recommend to the town board for approval. Thank you all very much. We'll move now to item 9 C, which is to consider a conditional reszoning request CZ2026-9 for 11.02 acres located at River Highway, PIN number 463 820 0535. The applicant is requesting town of

Moresville conditional community commercial C-C. Good evening. CZ 2609 for Big Daddy Storage. We'll ask if there's any conflicts of interest before we begin the board members. Any conflict in this matter? Okay. Thank you, Mr. Colling.

Uh Corey Sloan is seeking town of Morsville conditional community commercial zoning for an 11.002 002 acre site located at unadressed river highway to permit the development of a boat and RV storage facility. The site is within town limits already. This does support the strategic priority area of individual and community economic vitality and the strategic plan goal to support assist sustainable business growth by leveraging local strengths and identifying new market opportunities for expansion. The owner is Lancaster Family LLC. The applicant is Cory Sloan. The location is unadressed river highway 11.002 acres within voting ward 4. A little bit of the site history. Currently zoned corridor mixed use CM was is within town limits. The site contains a mix of commercial retail sales and services on the property. The area designated for the boat and RV storage is currently vacant in the back. The site is within the WS4 critical area of Lake Norman and limited to 50% imperous coverage. A cross access agreement with Big Daddy's Restaurant is required for the proposed development and is currently being drafted. These are some of the site photos from the front and from the rear. This is the area where boat uh storage is proposed. For project highlights, the request is to reszone to conditional community commercial where boat and RV storage is allowed. A type A landscape buffer will be installed adjacent to all residential development. The project will have a variety of stall depths and will be clearly marked long-term storage. Uh parking outside of the stalls will be prohibited. The future character land use map does designate this as peninsula residential. The property is identified within tier one of the town's tiered growth map and designated as a priority utility area.

Their concept plan was approved February 18th of 26. You can see the yellow highlighted area where the storage is proposed. This is all of the uh conditional uses. So this does not exclude any use from uh the the by right uses within community commercial. The requested commission uh conditions from the applicant are the three shown on the screen conforming with the concept plan and allowing all those byite uses and then conforming to the requirements of the UDO. Their neighborhood meeting was held March 10th. However, uh, no one was in attendance. Our map amendment standards say that this site is consistent with being a priority utility connection within tier one of the growth map. The site is compatible with the existing land use, creating a logical transition. However, it's inconsistent with the future character land use map being designated as Peninsula residential. The site is within five mile fire response coverage area. However, that is outside of the 4minute preferred window. Uh, happy to answer any questions now. The applicant is also here with their presentation.

Thank you, Mr. Kohley. Any questions for staff on this then? If the applicant would like to come forward, My name is, excuse me, my name is Brian Con. I'm in place of Corey Sloan. um 185 Behringer Drive in Statesville, North Carolina. Thank you, sir.

Um we just very just two or three slides just to communicate the um the intent as you saw the site plan. This land is all the land that truly is within left of the WS the critical watershed. This is tucked behind the existing retail uh structures that already face the roads. And so our intent is just to keep in line with something like the the Bluegate type property uh that's over on Oats Road uh something of this nature. Of course complying fully with everything within the UDO, but I was just trying to give a sense of what it's going to be back there. Of course, across the road you have a boat facility of they sell boats across the road. Two lots down is mini storage. So it's just it's all in the same vein. uh they're kind of tucked behind the Big Daddy's restaurant. And so that's really uh I just wanted to give some sense and it will be gated and and kept very neat and and controlled there. So really I didn't want to take a lot of time on that. So that's it. I'm happy to answer any questions if anybody has any questions.

Well, thank you very much. So what you're showing us in the renderings that's that's what we're expected to see. Yes, sir. In that same building. Yes, sir. open structures for we allow the user to pull through and just simply be out of the out of the sun. So, yes, sir. Okay. Questions from the board for the applicant? Miss Temple,

I'm sorry. So, I'm trying to look at the concept plan, which I'm sorry is my eyes might not be able to handle it. Um, does it show covered on the on the on your plan? the that our intent is to to cover where we're allowed to cover within that footprint of of space. I don't want to get myself in trouble.

Well, I I I guess my question is you guys left like all those uses and all I'm seeing is a paved parking lot with lines on it. So, you're it just you know we always have to keep I know you all intend to do with it, but if you sold it tomorrow, what could somebody else do with it? And it is a lot of uses and that I think you could get away with with just paid parking spaces which I understand what you the intent I I've seen what near trauma what they've done and I understand that I got that but I'm not seeing that conveyed here in a way that limits from

well the that that is the intent honestly I don't I know it's part of the zoning practice we didn't ask for all the the 50 and the items there to be like data center and all that stuff. Well, yeah, like an open air agricultural agricultural market that very much could fit here. I don't know that that's what we want without more traffic mitigation behind. Is this the same thing that we just talked about though that Carrie just explained it is but

it is but their concept plan here is what she's saying is that it's just a paved parking lot versus you had buildings that were in the other one. And so, for instance, the fencing that you mentioned, that's not also shown on here as far as I can see. Um, basically with this one, um, the only condition sort of for this one specifically, there were others in the other one because of the TIA and all of that thing, but this one basically the only condition is the concept plan because the other conditions are that we will abide with the UDO, which everybody has to abide by the UDO and the other one didn't restrict any uses. So your restriction or your condition in this particular ask is we want to build in accordance with this concept plan. And so you need to be able to see all of the little nuances of this concept plan in order to know what you're agreeing to. So I will caution you on that just because there are a lot of little bubbles. So I want you to pay attention to the concept plan because that is the condition here. So, it could the concept plan then be expanded to include these other these other factors that that we've been told are going to be there, which means they're going to be boat storage structures and they're going to look pretty much like what we say. Does that get into the concept plan? Does that does that then put us in what we talked about before? So, if you wanted to come in here and do something radically different, you'd have to go back and get another approval. Well, I think there's certain things on that list that you probably could not do because, you know, it does have to be consistent with the concept plan, but what Miss Temple is saying is um like the open air agricultural market. You could put that on a paved area. Um I'm not sure that you could put a hotel or motel on there. That's not going to fit.

But that you would have to go Yes. So, if it's a large modification, but if it would fit on what's you're seeing there, and we're also saying I think what Mrs. Temple's pointing out is that this doesn't show coverings for those spaces and it doesn't show the fencing for those spaces. So, if that's something you want this to have and they're willing to do, then that should change between this board and the board of commissioners meeting that the concept plan should change to show those things because you could, for example, the one that's in here I was just looking is the uh I think the food truck. I mean, you could do something like that. Wouldn't

Right. Yeah, I when I I let I didn't raise this, Laura, because I thought, well, this falls under the what we just talked about with the other property, but I your point when you have a building and it's enclosed and somebody puts something slightly unsavory, it's it's enclosed, but this is open. So, all of those open uses could be here. And I just don't know that we would approve a farmers market right now or some of these other uses. They have to Well, that's what they would not have to come back.

Well, we can we simply just we're happy to show coverage and a fence line, but before the next before the I mean, we can modify that plan to restrict it down to that use. We didn't I didn't know that that was going to be a caveat

and that's I guess sometimes I think commissioners listen to our meetings. I'm not I'm not opposed to the use as you showed us those renderings. I I think that sounds great. I think it works for the area. I know this is designated as residential, but if y'all have ever been over here, there's a ton of commercial uses right here. It does fit with this, but I'm not comfortable with the list of this list needs to be way paired down and gates, fencing, and coverage shown in some manner, which I know it's hard to know exactly where you're going to be to get it on the concept plan. So, that would be my recommendation before you go to the board of commissioners because Yeah, I would agree, Lauren. I think

I'm not as comfortable. I can't I can't approve it as it is right now, but you guys can make changes before you see them and then I think that they would find a level of comfort with it if it if it makes sense. and our board and I expected this when I saw the wide array of uses and that's one of the reasons I was asking about the actual concept as shown that we were viewing but I think you're going to need to put enough specificity before and and however we may put that in a in a motion so that we get you to a better position before you get in front of truth I had no idea that all those uses were added back into this I just thought we were just strictly doing this

are available under that conditional zoning. So, so what we're trying to do is those will all be listed and shown. We're trying to get you paired down so when you get in front of the town board because that would be an issue for the town board to have all of those exposed uses in this plot and and try to get something that is crafted to help you get the plan in a better shape to go through the townboard process. Okay. We're happy to comply. Yeah, this the the intent is there. We're not simply add the coverage in the fencing.

We're we're in support. It sounds like we're just trying to help you make sure that you're specific, you know, in terms of how you're portraying the project when you get to the next level because that could cause you an issue and cause you to get voted down. All right. I would just add that I would on a positive note that if I lived in this area, I would like this a lot because you got minimum traffic. People, they park it, they come back six months later, they come in and out. I mean, it's a great use for this property. I think it would be. Yes. So, just just add the positive side of what's proposed.

Oh, ab based on the on the photos you showed. Absolutely. It just that doesn't translate to the request and we we've got to make sure they match. But I I think that that is a great use of that property. Good buffering. Not allowed use for any residential. I'm sure that's why nobody showed up to neighborhood meetings. It's not terrible use for that area. But we always have to think of the next people stepping in your shoes and we need to know what's kind of going to go on there. It's Mr. Con. Is that right? Mr. Con. Um I'm assuming that you have been authorized. Yes.

And but are you comfortable making um an agreement to conditions that are different than what's here right now for on behalf of the applicant? Yes. Okay. I'm on behalf of the applicant.

Okay. So, uh my question for the board then is that we have this list of uses. Um, is your desire to pair this down to only boat or RV storage yard or are there other ones you want to leave on there? How any direction from you as to what you're asking of the applicant? Would we be would it be acceptable that we make the motion including contingent upon a hard review of the list of options that are in the new zoning and an enhancement of the concept plan to just just a thought otherwise the other option I see is to to not recommend it with the with the information we've given them. Let them bring it back to the board.

Yeah. to the town board with with the proper changes. I don't know what's the easiest way to go. Um, generally we would I would want you to vote on something that's actually solid. Um, as far as like we don't want to see X, Y, and Z uses. I do think you can uh say something about we want this change in the concept plan before it makes to the board. But um with regard to the uses, that would be an easier right now sort of thing to do. Um I mean you you can do it however you would wish, but um in our denial, can we state that we think that it lacks specificity in the use of the property? Whereas

as the reason for your denial as as we would like to see only boat or RV storageard or okay specifically related issue uses you you could do that. Um can I uh ask this to be tabled I guess as opposed to getting a negative well I was going to the town board with a no. I was just going to say that that might be something you want to discuss as well or he might want to speak on is that um he might would be more willing to say just limit it to these three uses and let me go forward with an approval if if you're willing to do that. That's another reason. I don't think I'm willing to approve without changes to the plan either. So

I'm saying you can make your conditions as to that. You can approve it with the condition that the concept plan be updated to show A, B, and C. Did you see the data center in there? Like I I would say like personal vehicle sales and rental holes. Yeah, that's that's something very different than story storage. I don't know if you want to leave that or not leave that, but that's a use that could definitely happen on that. Particular. Yeah, it's a lot. I don't either. I don't either. I don't like the data center or you can just deny it. Those are the two options. is allowed. Okay, you see that the data center's on the list because it's everything that was in that.

Well, I get that, but I I just think it shouldn't even come to us with a data center on the list. Do you so we can table it it or um I mean based on what you guys presented I would think boat or RV sales and service and boat or RV storage yard would be the what you wanted but I you know personal vehicle repair maintenance personal vehicle sales rental that gets start that's starting to get car car dealership and we get a little I personally get a little wary vehicle storage I think I think that's a separate concept because I could see people parking cars there, not just RVs and boats. And I don't think that's unreasonable.

Get down to the two or three they want. If they can agree to that, we can Yeah. So, I don't know. The boat or RV sales and service, that's one. Then boat RV storage yard. I think that's definitely what they want. And then vehicle storage. Those are the three that

we'll take everything else out. What you recommend is Okay, we would uh say that one more time. I'm sorry. It's Mark Lancaster. Are you Thank you for your time. Um, we can go through and mark off each one that we don't want to list that we we only want RV and boat, but our retail's there already, you know. So, we we're not trying to bring in anything else except for what would um be good for the community for the boat and RV storage that's because it's close to Lake Norman and is best used for the property. So, let's just makeition. It'll take everything else out except

one one question before we do that. Um, there are other uses on this property already in existence. Correct. Yes, ma'am. And what are those? Retail sales and services. How? Yes, ma'am. And I'm going to look to my plan. I mean, I appreciate yours, but I want to make sure that you also agree with that's the use that's there. I think so, but there are several little retail establishments in there. I just want to make sure that it is only retail and nothing else in any of those service center in the bigger building right beside it. So service would that re boat or RV sales and service that's so is there a way to separate those two or not the sales and the service are together in the UDO? They are in the UDO.

Okay. But it's the same property the same right there. there. Uh if we go back to the sorry let me go back to so you can see there's already these existing buildings I got that are on here that are in use where the service the boat service is right here and then this one is the skate shop skate shop it's all online sales and then what's over here But that that is a strip center that's got different accounting accounting firms. Is that on the same property?

Yes. Oh, it is. So So they don't get grandfathered in. They would be, but it'd be certainly better to have them allowed to continue without creating a non-conforming use. Ideally, you wouldn't be creating new non-conforming uses with a conditional reasoning. Right. And you are creating your own district. So you can I I'm of the opinion you could say retail I mean boat repair versus boat service and not include sales. Um even though that is a specific UDO use sales and service. I would think that you could spire those out unless you disagree because your the interpretation of the UDO is

I think that's fine if we want to mark that portion of that a use out. I think that's okay. The other thing that I'd point out, and I know we're talking about something different, is that adding new structures would be a major deviation from the concept plan as you pointed out. Um, fences would probably be a gray area where we'd have some back and forth about whether or not that's major or minor. Um, but with a new structure, that's obviously a major change and which is why I don't think this is accomplishing what they want.

Correct. So with that said, one of my recommendations to the board might be to point out that those uses in those particular buildings, also on the concept plan, if you're asking for him to go back and redo that concept plan, is to label those, you know, boat repair, retail sales, whatever's in those specific uses that we're living on here. Does that make sense? But what happens down the road if they want to do a change of occupancy or use from broke repair sales to merkantile? Could they do that? Yeah, we Sorry, man.

We lease those buildings. I mean, you're right. I mean, a tenant could change, but it would just be a tenant. I mean, we the use the use could change. It could go it could go down from an industrial type use like like seat repair and boats to we want to sell dresses. So then that that that changes retail retail's approved then because there is currently retail then that I mean you could label them whatever you say you could say that all these uses are allowed in the buildings there I suppose that's I think retail should cover a lot of the potential tenants only if you guys have a weird

there's a there's a NASCAR team in the other half of that building there's a NASCAR team in half of the building there's boat service center on the other side of the challenge that I think it has to they have to have well it's not personal vehicle repair and they've been there probably 10 years the other option is to continue it to let them do that um no so we we would need a motion whatever you decide to do but um I think that giving this conversation is is giving direction so it's it's worth having the conversation of what you want to see

I leave it up to them if they want a denial for continuance to to continue to work on it because I again until like all of somebody needs to go through that list and figure out for all those uses and to protect them for the future. Right. So what I'm hearing from the board if I may is

go right ahead. I'm I think I'm leaning the same way you are. It sounds I'm trying to think how do we best help the applicant, you know, to maintain their ability to move forward, you know, in the best manner. It sound it sounds to me like tableling the matter at this time gives them really the greatest flexibility. So it's a possibility would be to continue to vote to have a motion to continue this with direction to the applicant to go back with the planning staff and go through the uses narrow them and to recon reconvene on the concept plan and make those that more specific

showing the coverings, the fences and the uses currently there. Yeah, I think that's I think that's the best approach because we're looking at one section commercial, but the other sections have to be addressed as well. Oh, yeah. I mean, the whole thing needs to be gone through and then if the concept plan occurred, like just what you said, Carrie, I think we could get in and out of here very quickly and get it rescheduled again once you I think we all like it and we're looking to protect what you have there now. We don't want to upset that at all. Yeah, that that's we only combined all those plats together to get around because of Sure. It was an individual PL piece of property. It wasn't all together, but we were forced to put it all together. So,

but we can get this done. We our problem, so you understand is that 10 years from now and if you guys sell the property, they can somebody could come in here and put any of these things that are listed in there if this concept plan doesn't restrict it. And so that's what we'd like to get to and then clean this up and take out what we don't need. Right. So we would be looking for a motion then.

Yeah. I'll make a motion that uh this this uh let me let me get the number here. I'll make a motion that CZ 2026-09 uh be continued after work with the planning department to strengthen the concept plan and eliminate unnecessary uses from the new requested zoning list. in addition to include in the concept plan the current uses of the property on other other areas of the property. Is that okay Carrie? Yes, it's your motion and that I think that covers it. And and you have that recorded

closely and we're recording so we can always go back and check it, right Alan? Very good. Mr. Poor, did you say second? So we have a motion for Mr. Cole for continuence and second for Mr. Poor. All in favor? So motion carries and that that would be the direction to hopefully get you in a better footing. And quickly, thank you. Thank you very much. Yeah. I mean, we don't mean to delay it, Mr. Cole. Looking at that, if it were a if it were just single parcel, is that a better path?

What's that? If uh just as he stated, if that were just the singular parcel, would that not be better or there? They were intending to pave that area. So, their BUA was affected, which is why they had to combine those parcels. Okay. That's what I was curious about. There were other circumstances that drove it in that direction.

All right. Then, now we're to item 10, administrative items. Mr. this evening. That would bring us to number 11, adjournment. Do we have a motion to adjurnn? So moved. Second. Second. Have a motion and a second. All in favor? I but we