PREVIEW OF COUNTY COMMISSION AGENDA
MONDAY, AUGUST 20, 2007, 7 P.M.
ROBERT E. HIBBITTS MEETING ROOM
1924 COURTHOUSE, NEWTON, N.C.
The Catawba County Board of Commissioners will hold public hearings on 1) a request to rezone two parcels totaling 5.31 acres, located at 7804 and 7826 Highway 150 East, from R-20 Residential to HC Highway Commercial; and 2) a request to rezone a 0.5 acre portion of a 3.07 acre parcel, located at 2678 East Maiden Road, from R-40 Residential to Rural Commercial-Conditional District, when the Board meets at 7 p.m. on Monday, August 20, 2007, in the Robert E. Hibbitts Meeting Room of the 1924 Courthouse in Newton.
The Board will also consider requests from the cities of Hickory and Newton, the towns of Catawba and Maiden, and the County’s Planning staff to amend the current list of Map Review Officers, and will receive a report on the use of Alcoholic Beverage Control revenues to provide substance abuse treatment services.
A. The Board will hold a public hearing on a request of Berry and Julia Caldwell to rezone two parcels totaling 5.31 acres, located at 7804 and 7826 Highway 150 East in the Sherrills Ford Small Area Planning District, from R-20 Residential to HC Highway Commercial. The subject parcels are currently occupied by single-family residences. The adjacent parcel to the north is zoned R-20 Residential and currently occupied by a single-family residence; two parcels to the south are currently zoned PD-CD Planned Development-Conditional District and currently vacant, but are approved for retail and office development, while another parcel to the south is zoned R-30 Residential and currently occupied by a single-family residence; an adjoining parcel to the east is zoned R-20 and currently occupied by a single-family residence; a parcel to the west is zoned PD-CD Planned Development-Conditional District and is currently vacant but approved for office, retail and residential development, while another parcel to the west is zoned R-20 Residential and currently occupied by a single-family residence.
Public water is available and located to the northeast along Highway 150, but public sewer is unavailable. Highway 150 East is designated as a major thoroughfare by the Catawba County Transportation Plan. Major thoroughfares are defined as primary traffic arteries of the urban area, designed to move traffic from city to city and within urban areas. At this particular location, Highway 150 is a two-lane roadway. Traffic counts were taken in 2004 to the east and west of the intersection of Highway 150 and Slanting Bridge Road. The average daily traffic counts on those two roads measured 13,000 and 10,000, respectively. The capacity of this particular span of Highway 150 is estimated to be approximately 10,000 to 12,000 vehicles per day. The State Transportation Improvement Plan contains plans for the widening of Highway 150 East to a multi-lane facility. The planning and design portion of the project is currently funded and is in its preliminary stages; however, right-of-way acquisition and construction remain unfunded. The Sherrills Ford Small Area Plan acknowledges the future widening of Highway 150 East, and recommends construction of a four-lane divided highway with landscaped medians.
The Catawba County Unified Development Ordinance (UDO), Section 44-418, states that the HC Highway Commercial District, “provides areas for regional highway-oriented business, office, services and civic uses. The district regulations are designed to protect and encourage the transitional character of the districts by permitting uses and building forms that are compatible with the surrounding area”. The R-20 Residential District is considered a medium-density residential and agricultural district. The combined total of the property proposed for rezoning is 5.31 acres in size. The HC Highway Commercial District being requested would permit for a maximum non-residential floor area ratio of 1:3, which calculates into 1.77 acres, or 77,101 square feet of total floor area (rounding was used). The subject property is also located in a Mixed Use Corridor-Overlay and WS-IV Watershed Critical Area. The Mixed Use Corridor restricts specific uses, and provides for higher architectural standards and pedestrian amenities, while the WS-IV Critical Area provides that the maximum built upon area for the 5.31 acres is 24 percent or 1.27 acres (55,512 square feet).
The Sherrills Ford Small Area Plan, adopted on February 17, 2003, serves as the current land use plan for this area.
The plan designates approximately 750 acres as a “Village Center”, envisioned in the plan as consisting of a mixture
of commercial, office and residential uses, at the intersection of Highway 150 East and Sherrills Ford Road. Staff considers this request to be in conformance with the adopted land use plan, and recommended (1) the adoption of a statement affirming the consistency of the rezoning request with the Sherrills Ford Small Area Plan, and (2) the rezoning of the property from R-20 Residential to HC Highway Commercial based upon the Sherrills Ford Small Area Plan’s recognizing the area as a Village Center; the purpose of the HC Highway Commercial District, and the close proximity of existing RC Rural Commercial, HC Highway Commercial, PD Planned Development and PD-CD Planned Development-Conditional District zoning.
The Planning Board conducted a public hearing on July 30, 2007. No one spoke in favor of, or in opposition to, the rezoning request. The Planning Board voted unanimously to recommend the rezoning of the property from R-20 Residential to HC Highway Commercial based on the factors cited by staff noted in the previous paragraph and that, when a site/development plan is submitted to the Catawba County Planning, Development and Parks Department, it shall provide internal access between the two properties or share a common drive in order to further decrease driveway cuts along Highway 150, in accordance with the UDO, and reserve additional right-of-way for the expansion of Highway 150 to be consistent with the Thoroughfare Plan. County Planning staff will confirm the North Carolina Department Of Transportation’s (NCDOT) requirement for additional right-of-way dedication. Staff will work with the developer to insure that signage, landscaping and any structures are located outside of the future right-of-way, which is to be dedicated to the public. NCDOT has not made a final determination as to the required width of the right-of-way needed for the expansion of Highway 150.
B. The Board will hold a public hearing on a request of Ms. Laura Dellinger to rezone a 0.5 acre portion of a 3.07 acre parcel, located at 2678 East Maiden Road in the Balls Creek Small Area Planning District, from R-40 Residential to Rural Commercial-Conditional District (RC-CD). The proposed conditional zoning would support a florist business. The subject parcel is currently occupied by a florist business. The property to the north is zoned R-40 Residential and currently occupied by a church. Properties to the south across East Maiden Road, and to the east and west, are zoned R-40 Residential and currently occupied by single-family residences or vacant.
The Catawba County UDO, Section 44-417, states that the RC Commercial District, “provides small areas for offices, services and retail uses, all designed in scale with surrounding residential uses. The district regulations are designed to protect and encourage the transitional character of the district by permitting uses and building forms that are compatible with the rural area of the County”. Section 44-327 states that the CD Conditional Zoning District, “allows for the consideration of certain uses that, because of their nature or scale, have particular impacts on both the immediate area and the community as a whole and are created or established for selected criteria…”. The R-40 Residential District is considered a low-density residential and agricultural district.
In terms of general development requirements, a RC-CD district is governed by the dimensional, design and intensity standards of the Rural Commercial general use district. Such requirements limit developments within the RC-CD district to a maximum floor area ratio of 1:5 or 4400 square feet of floor area. As submitted, the plan depicts a floor area ratio of approximately 1:13.9 or 1583 square feet of floor area.
The existing facility is served by private well and septic. Public water is available, but public sewer is unavailable.
East Maiden Road is designated as a “minor collector” in the Catawba County Thoroughfare Plan. Minor collectors link developed areas to major collector roads. At this particular location, East Maiden Road is a two-lane roadway. A 2005 NCDOT study found approximately 2,800 vehicles per day on East Maiden Road, just east of its intersection with Buffalo Shoals Road. The capacity of this section of East Maiden Road is estimated at 8,000 vehicles a day.
The Balls Creek Small Area Plan, adopted on June 16, 2003, serves as the current land use plan for this area. The plan recommended that the future use of the parcel be low-density residential, with a density of one dwelling per two acres. A business use of the property would generally be viewed as being inconsistent with recommendations of the Balls Creek Small Area Plan. However, the potential approval of the proposed rezoning would provide for the proper zoning of the property, reflecting the current and previously long standing business usage, and the conditional
zoning would limit the use and future uses to those approved through the conditional zoning process.
Staff recommends (1) the adoption of a statement affirming the consistency of the rezoning request with the Balls Creek Small Area Plan recommendations and guiding principles reflected above, (2) the rezoning of the property from R-40 Residential to RC-CD Rural Commercial-Conditional District based upon the purpose of the RC-CD Rural Commercial-Conditional District, and (3) higher standards placed upon the development through the conditional zoning process, including landscaped areas along the road frontage and a limit to the size of signs; a buffer of the commercial use from residential areas; and a focus on quality, community-oriented business. All three of these conditions have been met.
The Catawba County Planning Board conducted a public hearing on July 30, 2007. No one spoke regarding this request. One letter was received in favor of the request. The Planning Board voted unanimously to recommend the rezoning of the property from R-40 Residential to RC-CD Rural Commercial-Conditional District, based on the conditions cited in the preceding paragraph.
REPORTS AND PRESENTATIONS
The Board will consider a request from the cities/towns of Hickory, Newton, Maiden and Catawba, and the Catawba County Planning staff, to amend the current list of Map Review Officers. On July 17, 1997, the North Carolina General Assembly ratified Senate Bill 875, the Maps and Plats Law. This law requires all counties to appoint Review Officers who would review each plat or map before it is recorded and certify that it meets the statutory requirements for mapping. The law states that individuals have to be appointed by name, not by job title, so any time a change occurs in staffing, a new Review Officer has to be appointed and approved by resolution of the Board of Commissioners and subsequently recorded in the Register of Deed’s Office. Several jurisdictions in the county have had recent staff changes and have requested the removal of former employees and addition of new employees to the approved list of Map Review Officers. The proposed new list of Map Review Officers is as follows:
Catawba County: Jacky M. Eubanks, Mary K. George, Susan Ballbach, Chris Timberlake and Michael Poston
City of Hickory: Brian Frazier, Cal Overby, Donna Cullum, Brendon Prichard and John Furmage
City of Newton: Glenn J. Pattishall, Alex S. Fulbright and Ben McCrary
City of Conover: Q. Lance Hight and Cara C. (Chris) Reed
City of Claremont: Laurie (Bradshaw) LoCicero
Town of Long View: David Epley and Charles T. Mullis
Town of Maiden: Kevin Sanders and Samuel Schultz
Town of Catawba: John Kinley and Jonathan Kanipe
Town of Brookford: Marshall Eckard
Staff recommends adoption of a resolution which amends the Map Review Officers for the cities/towns of Hickory, Newton, Maiden and Catawba, and Catawba County as noted above, due to staffing changes.
B. MENTAL HEALTH
The Board will receive a report on the use of Alcoholic Beverage Control revenue to provide substance abuse treatment services. The 2006/2007 fiscal year budget for Mental Health Services of Catawba County (MHSCC) included expected local revenues in the amount of $45,000 from a five cent per bottle charge. That amount was fully expended as MHSCC contracted with Clay Wilson, a local provider, to deliver substance abuse treatment services to this client population. Clay Wilson used the entire amount toward the purchase of halfway house treatment beds and to provide treatment services that were not funded by other sources. MHSCC received additional collections from the five cent per bottle charge in the amount of $1,118.22. This unexpended amount will fall into the Mental Health Fund Balance and be re-appropriated in the 2007/2008 fiscal year for substance abuse treatment.
CONTACT: DAVE HARDIN, PUBLIC INFORMATION OFFICER 465-8464