12.7.22 PB Agenda Packet - Laserfiche WebLink

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16 DRAFT 496 Doug Burr: I don't exactly know they sourcing since I am the developer but they are a large company and they buy in a 497 huge selection and they have a limited price on their items so I don't know. 498 499 Beth Bronson: So whether or not they deviate from their very structured plan. 500 501 Doug Burr: I don't know the answer to that, I'm not sure. 502 503 Charity Kirk: A question about the conditional nature of this because that's one of the things in the White Cross 504 development,we couldn't set conditions,what kind of conditions are possible for us to set? 505 506 Adam Beeman: Things in the past that we've done was we negotiated electric charging stations in the parking lot. One 507 of the things they wanted to get away from the adding of the tree buffer and a lot of people don't get away with not 508 having the tree buffer. They are asking for that exception here. You can basically ask them for anything you want but 509 whether they agree to it is a different story. It's up to you and the applicant to agree on that and the Planning Board 510 would have to come to a consensus on whether we all agree with somebody's proposal before we presented it to the 511 applicant to go back and forth on but you can set any kind of condition you want to try. 512 513 Cy Stober: I am Cy Stober, Planning and Inspections Director for the County. Mr. Beeman is largely correct, it has to be 514 mutually agreed upon. The site plan the staff had on hand when packets went out and the site plan that is featured in 515 your packet,there were 2 waivers requested, 2 conditions requested to deviate from the development standards of the 516 ordinance; 1 for the parking because they were deficient at that time by 1 space but they also did not have the terminal 517 landscaped islands in the parking lot. They've since addressed that in the site plan you saw before you tonight so that 518 waiver is no longer being requested. The consequence of providing that landscaping is that they essentially lost 2 519 parking spaces per terminal island so now they are requesting the condition to not meet our parking standard to have 46 520 rather than 53 spaces. I think that was also based on a slightly different building footprint; it's about 52 so they are 521 deficient by 6 spaces at this time but Mr. Beeman is correct if there are additional elements that you'd like to see on the 522 site plan, this is a site specific plan,this will be the footprint that is binding to the property. All other development 523 standards must be complied with in Article 6 or any use specific standards for the retail use must be complied with 524 unless the condition has been requested by the applicant at this time as has been disclosed to staff it is simply the 1 525 condition to deviate from the parking standards. If are additional amenities or features you would like to negotiate with 526 the applicant this is an appropriate time to do so. 527 528 Randy Marshall: I am a little confused,we're dealing with an application for zoning atlas amendment but you're talking 529 about putting conditions on proposed project that seems like its 2 different items to me. 530 531 Cy Stober: Welcome to the wild world of conditional zoning, it does not have a long history in North Carolina. It is a 532 relatively new allowance under General Statutes, it dates back about 15+years and it does allow for site specific 533 requirements for unique zoning districts with unique requirements and unique allowances to deviate from the ordinance 534 requirements as seen appropriately in the legislative authority by the elected body, in this case the County 535 Commissioners and as advised by the Planning Board. This is a zoning district, it is a zoning district with a site specific 536 plan, if approved, it would be a zoning district with a site specific plan and specific conditions. At this time the only 537 condition that would be different from any other development standard is the parking. 538 539 Randy Marshall: So we are doing 2 things with 1 decisions here. 540 541 Cy Stober: That is correct. This is how metro areas end up with literally tens of thousands of zoning districts each with 542 their unique characteristics and they all have to be tracked. 543 544 Delores Bailey: It says Planning Director Recommendation what was that,would you remind us again. 545 546 Cy Stober: I am recommending the request as presented given the consistency with the Comprehensive Plan and its 547 goals and objectives. 548 549 Brian Collie continued his presentation 550