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Burke County Board of Commissioners Pre-Agenda Meeting Comm

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Burke County Board of Commissioners Pre-Agenda Meeting Comm Burke County Board of Commissioners Pre-Agenda Meeting Comm. Meeting Room Tuesday, August 6, 2019 3:00 PM 1. CALL TO ORDER 2. APPROVAL OF THE AGENDA 3. PRESENTATIONS 4. SCHEDULED PUBLIC HEARINGS 1. Comm. Dev. - Zoning Map Amendment ZMA 2019-05 & Public Hearing - 6:00 P.M. - Presented by Peter Minter, Planning and Zoning 2. Comm. Dev. - Zoning Map Amendment ZMA 2019-06 & Public Hearing - 6:00 P.M. - Presented by Peter Minter, Planning and Zoning 3. Comm. Dev. - Zoning Map Amendment ZMA 2019-07 & Public Hearing - 6:00 P.M. - Presented by Peter Minter, Planning and Zoning 5. CONSENT AGENDA 1. Clerk - Reappointment & Removals from the Parks & Recreation Commission - Presented by Kay Draughn, Clerk to the Board 2. Clerk - Appointments to the Burke Senior Center Advisory Board - Presented by Kay Draughn, Clerk to the Board 3. Clerk - Resolution Amending the 2019 Meeting Schedule - Presented by Kay Draughn, Clerk to the Board 4. DSS - Annual Memorandum of Understanding Between North Carolina Division of Health and Human Services and Burke County - Presented by Kathy Craig, DSS Interim Director 5. Comm. Dev. - Support of Foothills Conservancy Purchase of Oak Hill Park - Presented by Shane Prisby, Community Development Operations Manager or Pete Minter, Planning & Zoning 6. General Services - Solid Waste Division - LaBella Associates Annual Services FY20 - Presented by Miles Champion, General Services Director 7. Sheriff - Resolution Donating Surplus Radios to Glen Alpine Police Department - Presented by Steve Whisenant, Sheriff 8. Tax Dept. - Tax Collection Report for July 2019 - Presented by Danny Isenhour, Tax Administrator 9. Tax Dept. - Release Refund Report for July 2019 - Presented by Danny Isenhour, Tax Administrator 10. Tax Dept. - Order to Collect 2019 Taxes - Presented by Danny Isenhour, Tax Administrator 11. Tax Dept. - Collections Annual Settlement Report for 2018/2019 - Presented by Danny Isenhour, Tax Administrator Page 1 6. ITEMS FOR DECISION 1. Clerk - Appointment to Animal Advisory Board - Presented by Kay Draughn, Clerk to the Board 7. REPORTS 8. OTHER DISCUSSION ITEMS 9. ADJOURN ________________________________________________________________________________________________________ In accordance with ADA regulations, persons in need of an accommodation to participate in the meeting should notify the County Manager’s office at 828-764-9350 at least forty-eight (48) hours prior to the meeting. Page 2 4.1 Burke County, North Carolina Agenda Abstract Meeting Date: August 6, 2019 Subject Title: Comm. Dev. - Zoning Map Amendment ZMA 2019-05 & Public Hearing - 6:00 P.M. Presented By: Peter Minter BACKGROUND/SUMMARY OF INFORMATION: Please refer to the staff report for ZMA 2019-05. Budgetary Effect: None. County Manager's Recommendation: Approval is recommended. Suggested Motion: 1. Receive staff report. 2. Hold a public hearing. 3. Adopt an Ordinance (No. 2019-07) amending the Burke County Zoning Ordinance and related consistency statement. Statement of Consistency ZMA 2019-05 The proposed rezoning would be consistent with the 2016-2030 Burke County Strategic Land Use plan and considered reasonable and in the public interest because: • The proposed rezoning is consistent with Section 9A13 of the Zoning Ordinance to rezone parcels to an appropriate “general” zoning district when progress has not been made toward developing the parcels in accordance with the current approved “Conditional” zoning district and plan. OR 4. Motion to deny. If needed, staff will provide a consistency statement. Packet Pg. 3 4.1 Burke County Ord. No. 2019-07 North Carolina An Ordinance Amending the Official Burke County Zoning Map ZMA 2019-05 Be it ordained that the Official Burke County Zoning Map is hereby amended as follows: Thirteen (13) parcels corresponding to PIN’s: 1755243599, 1755047121, 175440365, 1755314904, 1755314713, 1755427415, 175510152, 1755618712, 1755602746, 1755604422, 1754692981, 1755608069, and 1754895990 and is hereby re-zoned from the Planned Residential Mixed-Use Conditional District (PRMU-CD) to the Low-Density Conservation Zoning District. These parcels shall also be removed from the “East Lake PRMU-CD Ordinance” associated with 2004 Parallel Conditional rezoning. Adopted this 20th day of August 2019. ____________________________ Johnnie W. Carswell, Chairman Burke Co. Board of Commissioners Attest: ________________________________ Kay Honeycutt Draughn, CMC, NCMCC Clerk to the Board Packet Pg. 4 4.1.a SUBJECT TITLE: Zoning Map Amendment (ZMA 2019-05) APPLICANT: Burke County Community Development PRESENTED BY: Scott Carpenter, Deputy County Manager, Planning Director BACKGROUND/SUMMARY OF INFORMATION: ZMA 2019-05 - BACKGROUND In 2004 the Carolina Centers, LLC/Crescent Communities, LLC (property owners) petitioned Burke County to rezone approximately 1,122 acres of land off NC Highway 126 in the Linville Township into a Parallel Conditional Planned Mixed-Use District (PRMU-CD). The petition also included a Master Development Plan for six (6) individual parcels. Though the Plan has common goals for all six parcels, each parcel differed slightly in how it was to develop. Overall, the Plan calls for the land to be developed for residential purposes, however, there are allowances for some recreational and commercial development as well. The rezoning and development plan were approved on May 4, 2004. The Burke County Zoning Ordinance provides a two-year vested right for development of land approved through the Conditional Zoning approval to begin. If after two years, progress has not been made toward developing the property in accordance with the approved application and conditions, the Planning Board may recommend to the Board of Commissioners that the property(s) be rezoned. Crescent Communities developed one of the East Lake parcels (East Lake 4 – Dry Creek Subdivision) early on but delayed further development due to the recession between 2008- 2012. During this time the state enacted Session Law 2010-177. This law basically made it mandatory for all local governments to extend the vested right associated with any development plans and/or permits issued between 2008 and 2012. In January of 2012 a new extension was granted. The new “running time” of this extension was to end on March 31, 2014. On that date the vested right for the Conditional Rezoning and East Lake Development Plan technically expired. Crescent Communities have now either sold off or gifted the East Lake parcels which were approved under the Conditional Zoning. There was one new subdivision which was approved Attachment: Staff Report - ZMA 2019-05 (2775 : Comm. Dev. Zoning Map Amendment 2019-05) under the original East Lake Development Plan, however, the remaining parcels are not developing. This being the case, county staff is petitioning the County to rezone the remaining East Lake parcels out of the Planned Residential Mix-Use Parallel Conditional District (PRMU-CD) and Packet Pg. 5 4.1.a remove the approved zoning standards and conditions under the original ZMA 2004-05 rezoning as stated within Section 9A13 of the Zoning Ordinance. ZMA 2019-05 - REQUEST Burke County Community Development staff is requesting the removal of “all” development “standards” and “conditions” approved under the original rezoning ZMA 2004-05, approved by the Burke County Board of County Commissioners on May 4, 2004. Staff is also proposing to rezone thirteen (13) parcels of land consisting of approximately 586 acres in the Linville Township. The parcels are requested to be re-zoned from the Planned Residential Mixed Use - Conditional District (PRMU-CD) to the Low-Density Conservation (CD- L) Zoning District. If the rezoning is approved, land use of the subject properties will be regulated under the “General” zoning standards of CD-L District. These parcels are also located within the Lake Overlay District and that overlay district would remain. ZMA 2019-05 - The parcels proposed to be rezoned are highlighted in pink below. Note, the two parcels shown in yellow/green are not included in this rezoning. Attachment: Staff Report - ZMA 2019-05 (2775 : Comm. Dev. Zoning Map Amendment 2019-05) Packet Pg. 6 4.1.a Attachment: Staff Report - ZMA 2019-05 (2775 : Comm. Dev. Zoning Map Amendment 2019-05) Packet Pg. 7 4.1.a Attachment: Staff Report - ZMA 2019-05 (2775 : Comm. Dev. Zoning Map Amendment 2019-05) Packet Pg. 8 4.1.a STAFF COMMENTS: The proposed re-zonings are initiated primarily to bring certain parcels into compliance with Section 9A13 of the Zoning Ordinance. Those parcels are subject to Conditional Zonings ZMA 2004-04 and ZMA 2004-05 and have not developed within the two-year vesting period and presumably never will. Parcels already developed under the adopted zoning and development plan would continue under those approvals, however, those parcels which have not, should be rezoned to bring them into compliance. PLANNING BOARD RECOMMENDATION The Planning Board heard this rezoning request on May 23, 2019. Staff presented the request and submitted the phone record from citizens. There was one property owner who spoke. They were in favor of the additional conservation measures; however, they had a concern that the rezoning might have an effect on his ongoing property sale negotiations with the Foothills Conservancy. The Planning Board did not feel that was grounds to deny the rezoning request and voted unanimously in favor of the rezoning. Statement of Consistency When a local government adopts development regulations, including zoning maps, there must be a rational basis for determining what those regulations should be. The statement must take one of three forms: 1. A statement approving the proposed zoning amendment and describing its consistency with the plan; 2. A statement rejecting the proposed zoning amendment and describing its inconsistency with the plan; or 3. A statement approving the proposed amendment and declaring that this also amends the plan, along with an explanation of the change in conditions to meet the development needs of the community taken into account in the zoning amendment. With each of these alternatives, the statement is also to include an explanation of why the board deems the action reasonable and in the public interest.
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