April 22, 2025 — Mooresville, NC
Date: 2025-04-22

Agenda
 Town of Mooresville
 Planning Board
 April 22, 2025
 6:00 PM - Mooresville Town Hall



1. Call to Order

2. Pledge of Allegiance

3. Chairperson's Welcome and Opening

4. Public Comment

5. Adjustments to the Agenda

6. Adoption of the Agenda

7. Consideration of Approval of Minutes

 7.a Consider approval of March 25, 2025, Minutes
 March 25, 2025 Planning Board Minutes Draft.docx

8. Old Business

9. New Business

 9.a Consider Conditional Rezoning Request CZ-2025-04 for a 400-acre site located at
 Patterson Farm Road, 148 Patterson Farm Road and 338 Rustic Road. The
 applicant is requesting Town of Mooresville Conditional Industrial (C-IN).
 Earnhardt Farms, LLC is seeking Town of Mooresville Conditional Industrial (C-
 IN) zoning for a 400-acre site located at Patterson Farm Road (PINs 4674965019,
 4674783311) 148 Patterson Farm Road (PIN 4674663977), and 338 Rustic Road
 (PIN 4684250452). The property is currently zoned Iredell County Residential
 Agricultural (RA).
 PB Packet Mooresville Technology Park.pdf
 Draft Ordinance CZ-2025-04 Patterson Farm.docx
 9.b Consider Conditional Rezoning Request CZ-2025-07 for a 73.22-acre site located at
 1761 Mecklenburg Highway and 190 Eastport Lane. The applicant is requesting Town
 of Mooresville Conditional Residential General (C-RG).
 EPCON Communities is seeking Town of Mooresville Conditional Residential
 General (C-RG) zoning for a 73.22-acre site located at 1761 Mecklenburg
 Highway (PIN 4655321098), and 190 Eastport Lane (PIN 4655231115). The
 property is currently zoned Town of Mooresville Residential Low-Intensity (RLI).
 CZ-2025-07 Staff Report Packet PB.pdf
 PB_Draft_Ordinance_CZ-2025-07-updated.docx

 9.c Consider Conditional Rezoning Request CZ-2025-05 for a .75-acre site located
 at 2918 Charlotte Highway. The applicant is requesting Conditional-Community
 Commercial (C-CC).
 Garret Enterprises, LLC is seeking Conditional Community Commercial (C-CC)
 zoning for a .75-acre site located at 2918 Charlotte Highway (PIN 4656198014).
 The request is to extinguish a Conditional Zoning district.
 CZ-2025-05 Staff Report Planning Board Packet.pdf
 00. PB Draft Ordinance CZ-2025-05.docx

 9.d Consider Rezoning Request RZ-2025-02 for a 29.91-acre site located at 1131 Young
 Street, 1135 Young Street, and approximately 28 acres located at 704 Parker Avenue.
 Doug Johnson and Town of Mooresville are seeking to re-establish zoning as follows:
 Residential Limited Service (RLS) for 0.96 acres located at 1131 Young Street
 (4656757649), Traditional Neighborhood (TN) for 0.51 acres located at 1135 Young
 Street (PIN 4656758553), and Hybrid Low Intensity (HLI) for approximately 28
 acres located at 704 Parker Avenue (off of Young Street and Locust Street) (PIN
 4656754305).
 PB Staff Report RZ-2025-02.pdf
 Draft Ordinance RZ-2025-02.docx

9. Administrative Items

10. Adjournment

Americans with Disabilities Act (ADA) Statement It is the policy of the Town of
Mooresville that all Town public meetings and Town-sponsored public meetings and events
are accessible to people with disabilities and to those with difficulties understanding the
English language. If you need assistance in participating in this public meeting due to a
disability as defined under the Americans with Disabilities Act (ADA), or need other
translative services, please call the Town Clerk’s Office at 704-662-3131 or
jcrosby@mooresvillenc.gov, or the Town ADA Coordinator at 704-799-4074 or
cmckenzie@mooresvillenc.gov, at least three (3) business days prior to the scheduled
meeting or event to request an accommodation.

Minutes



 Town of Mooresville
 Planning Board
 April 22, 2025
 6:00 PM - Mooresville Town Hall
Present: Steve McGlothlin, Michael Cole, Michelle Marckwardt, Gregory Peretz, Laura
Temple, Shaun Hooper, and Jeremy Katz.

Also Present: Planning & Community Development Director Erika Martin, Senior Planner
Sandy Howell, Planner Veronica Bateson, Town Staff Attorney Caline Schecter,
Administrative Assistant Lisa Smith, and Planning Specialist Danielle Upright.

1. Call to Order
 Chair McGlothlin called the meeting to order at 6:01 pm.

2. Pledge of Allegiance

3. Chairperson's Welcome and Opening
 Chair McGlothlin welcomed the Planning Board Members and the guests.

4. Public Comment
 No one signed up to speak.

5. Adjustments to the Agenda
 There were no adjustments to the agenda.

6. Adoption of the Agenda

ACTION: A motion was made by Mr. Katz, seconded by Ms. Temple, to approve the agenda
as presented.

Motion carried unanimously.

7. Consideration of Approval of Minutes

7.a. Consider approval of March 25, 2025, Minutes

Chair McGlothlin noted that a correction was needed. Ms. Marckwardt was not
present at the last meeting.
ACTION: A motion was made by Mr. Cole, seconded by Mrs. Temple, to approve the minutes
as amended.

Motion carried unanimously.

8. Old Business
 There was no old business.

9. New Business

9.a Consider Conditional Rezoning Request CZ-2025-04 for a 400-acre site located at
Patterson Farm Road, 148 Patterson Farm Road, and 338 Rustic Road. The applicant is
requesting Town of Mooresville Conditional Industrial (C-IN).
Earnhardt Farms, LLC is seeking Town of Mooresville Conditional Industrial (C-IN) zoning
for a 400-acre site located at Patterson Farm Road (PINs 4674965019, 4674783311), 148
Patterson Farm Road (PIN 4674663977), and 338 Rustic Road (PIN 4684250452). The
property is currently zoned Iredell County Residential Agricultural (RA).

Ms. Martin presented the rezoning request for CZ-2025-04.

Kristin Dean and Brandon Smith spoke as representatives for Tract.

The following citizens signed up to speak for public comment:

 1. Ellen Abercrombie-338 Patterson Farm Road
 2. Rene Earnhardt-445 Patterson Farm Road
 3. Alan Goodman-Mooresville Road
 4. Jerry Starr-687 Patterson Farm Road
 5. Chris Wilkinson-349 Patterson Farm Road
 6. Kerry Pennell-589 Patterson Farm Road
 7. Scarlett Inman-162 Stallings Mill Drive

Dan Brewer with Bowman Consulting spoke as a representative for the rezoning.

The applicant agreed to the conditions listed below.

 1. Development of the Property. Development of the Property will be governed by
 these conditions and the Concept Plan, submitted with the Conditional Zoning
 Application (together referenced as “Concept Plan”) as well as the applicable
 provisions of the Town of Mooresville Unified Development Ordinance (the
 “Ordinance”). Unless the Concept Plan establishes a more stringent standard(s), or
 unless otherwise noted on the Concept Plan or in these Development Standards, the
 regulations established under the Ordinance for the IN-zoning classification govern
 development of the Property as shown on the Concept Plan.
 2. Schematic Nature of Concept Plan. The buildings, parking lots, driveways,
 water storage tanks, substation, lift stations, internal vehicular circulation, and other
 site elements (the “Site Elements") set forth on the Concept Plan are schematic in
 nature and exact locations, orientation of the buildings, size, number or quantity and
 configurations of Site Elements may be modified during design, engineering, and
 construction phases of the development so long as such modifications meet the
 minimum Ordinance standards. Building and driveway locations are Conceptual in
 nature. It is understood that a more detailed review will be made should the rezoning
 be granted and the project move into site/construction documents. Additional
 review will include, but is not limited to: parking, landscaping, lighting, driveways,
 floodplain, elevations, signage, etc. This Ordinance shall govern over any conflicts
 or inconsistencies between notes shown on the Concept Plan and these adopted and
 agreed upon conditions.
3. Permitted Uses. With the exception of the prohibited uses listed herein, the
 Property may be developed for any uses permitted in the IN zoning district subject
 to review and approval by the applicable Town regulations and processes. Under
 this Concept Plan, the site is intended to be developed for data centers and associated
 uses. Accessory uses to support the permitted uses are also allowed. In addition to
 the accessory uses specifically listed in Table 4-1 of the Ordinance, accessory uses
 may include electric power transforming station, all electric generation, distribution,
 switchyard, transmission and substation facilities (including solar facilities),
 enclosed energy, battery and fuel storage facilities, such as but not limited to, Battery
 Energy Storage Systems, public and private water and wastewater facilities, water
 treatment facilities, water storage and cooling facilities and associated water pumps,
 tanks and equipment, communication, broadband, and fiber optic utilities, air
 handlers, cooling equipment and heat pumps and any other infrastructure necessary
 to support the permitted uses. Small modular reactors and nuclear facilities shall be
 prohibited.
4. Permit Choice. As provided in G.S. 160D-608 and G.S. 143-755, if changes are
 made to the Unified Development Ordinance between the time an application is
 submitted and the application is approved, the Developer may choose which version
 of Ordinance will apply to the application; provided that the subject matter of the
 change is not already addressed in the conditions of this Ordinance or any related
 agreement between the Developer and the Town.
5. Storm Water Management. The location, size, and type of storm water
 management systems depicted on the Rezoning Plan are subject to review and
 approval as part of the site plan submittal and are not implicitly approved from an
 engineering perspective with this rezoning. Adjustments may be necessary in order
 to accommodate actual storm water treatment requirements and natural site
 discharge points.
6. Sound Study. A Sound Study will be submitted to the Planning Director for review
 prior to the issuance of a building permit. Since sound generated by generators
 during power outages or emergencies is exempt from the Noise Ordinance, it will not
 be included in the Sound Study. The purpose of the sound study is to identify any
 issues. Any issues identified exceeding a one-hour average of 45 decibels from 10pm
 to 7am and a one-hour average of 55 decibels from 7am to 10pm will be mitigated
 through further design and permitting.
7. Site Access. Subject to the approval of the Town, access to the project shall be from
 Patterson Farm Road as generally depicted on the Concept Plan. With the exception
 of access needed for project maintenance, emergency, or for other future uses
 approved by the Town, there will be no project access to Rustic Road. At the
 discretion of the developer, successors, heirs, and assigns, a gate may be installed at
 the property line adjacent to Rustic Road. All internal roads and driveways are to
 remain private. Any site access proposed to be located between properties identified
 as PIN#4674781938 and PIN#4674890072 shall be for emergency access only.
8. Preservation Areas. Except as permitted by a) and b), the “Preservation
 Areas” shown on the Concept Plan shall be kept in a natural state, except that
 necessary utility lines may be installed through the Preservation Areas to serve the
 project. Any tree clearing except for forest health or as necessary to install
 essential utilities is prohibited.
 See below for conditions specific to certain Preservation Areas:
 a) Preservation Area A: Should this area be deeded/dedicated to the Coddle
 Creek ARP Church, the Church may extend cemetery uses on this property.
 b) Preservation Area B: Area has been identified for possible
 deeding/dedication to a public entity to include but not be limited to a Land
 Conservation Group. Should this occur, uses consistent with conservation
 activities and passive public recreation shall be permitted.
9. Buffer, Setbacks, and Height. A minimum 100' perimeter buffer shall be
 provided around the site as shown on the Concept Plan. Buildings will be set back
 at a minimum of 150' as measured from the perimeter property lines as shown on
 the Concept Plan. Internal building setbacks shall be as generally depicted on the
 Concept Plan. The maximum height of any building or structure on the site will be
 100’.
10. Lighting. Lighting will be limited to zero footcandles at the property line, except at
 the primary access points along Patterson Farm Road. Security and construction
 lighting are exempt from meeting this standard.
11. Parking. Per the Town of Mooresville Unified Development Ordinance (UDO)
 Section 5.2.5-3.D: Data Center use has a "variable parking requirement" and is
 considered a low-demand parking use, and shall propose the amount of parking
 by one of the following methods at the time of Site Plan Review:
 a) Use the minimum parking requirement for the use most similar to the
 proposed use:
 Business Services, Office - 3 per 1,000 SF
 Industrial Services - 2 per 1,000 SF
 b) Utilize the standards set by the Institute for Transportation Engineers
 (ITD), Urban Land Institute (ULI), National Parking Association, or the
 American Planning Association
 c) Conduct a parking demand study to demonstrate the appropriate minimum
 off-street parking requirements.

12. Traffic Mitigation. Developer shall enter into a Mitigation Measures Agreement
 with Town. All improvements shall be complete prior to the issuance of the first
 building permit for the site.
13. Sidewalks. A Sidewalk is required along Patterson Farm Road. However, this site
 is eligible to pay a fee-in-lieu at 100% of the cost of Sidewalk installation prior to site
 plan approval.
14. General Design Standards. In addition to the applicable building design
 standards as set forth under Section 5.9.6 of the Mooresville Town Code for
Industrial Development, the following additional building design standards shall
apply:
a) Principal Building Facades will meet the following standards:
 i. For the purposes of this subsection, the term “principal building facades”
 shall include all building facades substantially visible to abutting public
 roads or visible from adjacent to planned or existing residential districts.
  ii. Principal building facades shall avoid the use of undifferentiated surfaces
 by including at least two (2) of the following design elements:
 • change in building height
 • building step-backs, projections or recesses
 • fenestration
 • changes in building material, pattern, texture, color
 • use of accent material
 • overhangs
 • canopies or porticos
 • arcades
 • variations in the roof line
 • Faux windows
 • Other enhanced design elements which may be approved by the
 Planning Director
 iii. Building colors shall blend in with the surrounding natural environment to
 the greatest extent practicable.
b) Screening of Building Mechanical Equipment and Critical Infrastructure
 i. Ground-level mechanical equipment or accessory uses (not including
 parking areas) that are visible from public rights-of-way and/or adjacent
 residential dwellings will be screened from public view using one or
 multiple of the following methods of screening:
 1. A principal structure;
 2. Existing vegetation that will remain on the Property, or new, planted
 vegetation (ex. evergreens or shrubs) that fully screens the equipment
 from public view;
  ii. A visually solid fence, screen wall or panel, or other visually solid screen
 that shall be constructed of materials that are matching or consistent in
 style, color and/or texture with those used in the exterior construction of
 the principal building. Chain link fencing with slats is not permitted to
 satisfy this requirement. Above-ground mechanical equipment and
 structures will be screened from view from adjacent public streets and
 residential dwellings.
 iii. Any mechanical units placed on the rooftops of buildings shall be screened
 from view from adjacent public streets and residential dwellings by
 architectural features which are compatible with building façade
 architecture. The method of screening shall be provided and reviewed with
 the Planning Director’s review of the building elevations.
 iv. All buildings are exempt from any existing or future Town requirement to
 install roof-mounted solar equipment.
c) Notwithstanding the foregoing, Architectural Modifications as set forth in
 Section 2.5.23 of the Code may also be granted in accordance with such
 provisions.
 15. Fencing: The interior of the site may include security fencing up to fourteen feet in
 height comprised of black chain link with opaque netting or other opaque fence
 material as approved by the Planning Director.

ACTION: A motion was made by Mr. Hooper, seconded by Ms. Markwardt, to deny the
rezoning.

Motion failed with a 3-4 vote.

ACTION: A motion was made by Mr. Cole, seconded by Mr. Peretz, to recommend approval
to the Town Board for rezoning case CZ-2025-04.

In reading the Plan Consistency & Statement of Reasonableness, Mr. Cole read the following:
“I make a motion to recommend that the Town Board approve CZ-2025-04 with the
conditions. Specifically, the proposal will assist with making Mooresville’s economic base
stronger and more diverse. Therefore, the future land use designation should be updated to
reflect Flex Industrial.

The proposal is reasonable and in the public interest because restricting the site to a data
center will provide critical and modern infrastructure for Mooresville and the broader
community. Additionally, the proposal includes numerous conditions to mitigate impacts to
adjacent properties.”

Motion carried with a 4-3 vote.

9.b Consider Conditional Rezoning Request CZ-2025-07 for a 73.22-acre site located at 1761
Mecklenburg Highway and 190 Eastport Lane. The applicant is requesting a Town of
Mooresville Conditional Residential General (C-RG).
EPCON Communities is seeking the Town of Mooresville Conditional Residential General
(C-RG) zoning for a 73.22-acre site located at 1761 Mecklenburg Highway (PIN
4655321098) and 190 Eastport Lane (PIN 4655231115). The property is currently zoned
Town of Mooresville Residential Low-Intensity (RLI).

Mr. Katz recused himself as he had a conflict of interest as a past representative of the
applicant.

ACTION: A motion was made by Mr. Hooper, seconded by Mr. Cole, to excuse Mr. Katz
from this case. The motion carried unanimously.

Ms. Howell presented the rezoning request for CZ-2025-07.

Whitney Hodges, Planner with EPCON Communities, presented. Jeff Moore, a traffic
engineer, also spoke.

The following citizens signed up to speak for public comment:

 1. Joyce Chapman- 185 Eastport Lane.
 2. Vince Favata-184 Eastport Lane.
 3. Frank De Cespedes- 194 Eastport Lane.

Ken Cardos, Regional President for EPCON Charlotte, spoke as a representative of EPCON
Communities.

The applicant agreed to the conditions listed below.

 1. Site development shall conform to the approved Concept Plan. Any modifications post-
 approval shall be consistent with UDO 2.5.4.C.8.b, "Minor Modifications".
 2. Residential development to have a maximum of 157 residential units at a density of 2.41
 units per acre.
 3. Residential development is limited to 86 single family detached and 71 attached
 residential (townhomes). Additionally, any accessory and/or temporary uses otherwise
 permitted in the RG district may be permitted.
 4. For Attached residential Dwellings, internal units will have shared driveways with a 5'
 median strip where practical. End units may not necessarily share driveways.
 5. Maximum block lengths may exceed table 5-2 requirements due to site conditions
 (wetlands, water bodies and plat shape). Mid-block pedestrian connections have been
 added, along with traffic calming improvements at the pedestrian connections.
 6. The posted speeds for residential streets in the proposed subdivision to be 25 MPH at
 time of Town street acceptance. Nothing in the Ordinance shall prohibit the Town from
 changing the speed limit once the roads are accepted.
 7. Prior to the Town's acceptance of streets and multi-use paths, the developer or HOA
 shall be responsible for maintenance of the same.
 8. Prior to Town acceptance of streets, developer shall be responsible for maintenance of
 street trees. Following Town acceptance of streets, the Homeowner's Association (HOA)
 shall maintain all street trees located in the public right of way to Town of Mooresville
 standards.
 9. Architectural Materials. The principal buildings constructed on the site may use a
 variety of building materials. The building materials used for buildings will include a
 combination of the following: glass, brick, cultured stone, concrete, cementitious siding
 (such as hardy-plank), or wood. Vinyl as a building material will not be allowed except
 on windows and soffits.
 10. Active recreational areas may include a combination of landscaping, seating, exercise
 equipment, trails, a swimming pool with supporting restrooms, parks, or similar uses.
 All spaces classified as "open recreation fields" shall not exceed a maximum of 4%
 slope. Final design of open space areas will be approved by staff at the time of
 construction approval.
 11. The developer proposes to provide approximately 10.12 acres to the Town of
 Mooresville needed for the East/West Connector, through donation of 8.05 acres of real
 property within the Courtyards at Millstone Ridge, plus 2.07 acres of easement
 obtained within the parcel connecting to Mecklenburg Highway. Per the Concept Plan,
 the developer will construct two lanes of the proposed East/West Connector that aligns
 with the east bound direction of the East/West Connector. Until the time that the
 connector is open these two lanes will provide one lane of travel in each direction. At
 the intersection of the East/West Connector and Mecklenburg Hwy, the interim lanes
 will be offset to align center of the interim roadway with Phase 1 of the East/West
 Connector.
 12. Per the UDO, the developer will provide a 30' buffer between the residential
 development and the East West Connector. The buffer will include a landscaped area
 which will be approved administratively by staff at site plan review.
 13. All traffic mitigations shall be constructed in accordance with the signed Mitigations
 Measures Agreement.
 14. As provided in G.S. 160D-608 and G.S. 143-755, if changes are made to the Unified
 Development Ordinance between the time an application is submitted and the
 application is approved, the Developer may choose which version of Ordinance will apply
 to the application; provided that the subject matter of the change is not already addressed
 in the conditions of this Ordinance or any related agreement between the Developer and
 the Town.
 15. This Ordinance shall govern over any conflicts or inconsistencies between notes shown
 on the Concept Plan and these adopted and agreed upon conditions.
 16. Front of residences shall be limited to 1 to 2 stories above grade.
 17. The connection to Eastport Lane shall be closed if Town staff directs, the Town Fire
 Marshall agrees, and the development will remain in compliance with all applicable
 state laws and codes. However, no additional TIA shall be required for the closure of
 Eastport Lane.

ACTION: A motion was made by Ms. Temple, seconded by Mr. Hooper, to recommend
approval to the Town Board for rezoning case CZ-2025-07.

Motion carried unanimously.

9.c Consider Conditional Rezoning Request CZ-2025-05 for a .75-acre site located at
2918 Charlotte Highway. The applicant is requesting Conditional-Community Commercial
(C-CC). Garret Enterprises LLC is seeking Conditional Community Commercial (C-CC)
zoning for a .75-acre site located at 2918 Charlotte Highway (PIN 4656198014). The
request is to extinguish a Conditional Zoning district.

Mr. Katz recused himself as he had a conflict of interest as a past representative of the
applicant.

ACTION: A motion was made by Mr. Hooper, seconded by Ms. Temple, to excuse Mr.
Katz from this case. The motion carried unanimously.

Mrs. Howell presented the rezoning request for CZ-2025-05

The applicant, Rochelle Garret, with Garret Enterprises, agreed to the following
conditions:

 1. The site is restricted to Retail Sales and Services Establishment, Small and any
 accessory and/or temporary uses otherwise permitted in the CC district, respectively.
 2. The site will include Type A buffers on the East and West property line.
 3. The maximum square footage of the building will be 2500 square feet.

A motion was made by Mr. Cole, seconded by Ms. Temple, to approve CZ-2025-05.

The motion carried unanimously.
9.d Consider Rezoning Request RZ-2025-02 for a 29.91-acre site located at 1131 Young Street,
1135 Young Street, and approximately 28 acres located at 704 Parker Avenue. Doug Johnson
and Town of Mooresville are seeking to re-establish zoning as follows: Residential Limited
Service (RLS) for 0.96 acres located at 1131 Young Street (4656757649), Traditional
Neighborhood (TN) for 0.51 acres located at 1135 Young Street (PIN 4656758553), and Hybrid
Low Intensity (HLI) for approximately 28 acres located at 704 Parker Avenue (off of Young
Street and Locust Street) (PIN 4656754305).

Ms. Bateson presented the rezoning case for RZ-2025-02.

A motion was made by Ms. Temple, seconded by Mr. Cole, to approve RZ-2025-02. In
reading the Plan Consistency & Statement of Reasonableness, Ms. Temple read the following:
“I make a motion to recommend that the Town Board approve RZ-2025-02 because the
proposal is consistent with the Town’s OneMooresville Plan. Specifically, the proposal is
compatible with the future land use designations in the One Mooresville Plan and is
surrounded by other similar zoning uses. The proposal is reasonable and in the public
interest because it extinguishes a conditional zoning district and re-establishes applicable and
appropriate base zoning. However, if the owner of 1131 Young Street does not accept the
zoning, 1135 Young Street and 704 Parker Avenue shall continue.”

The motion carried unanimously.

9. Administrative Items

Ms. Martin told the board there would be 5 cases at the May meeting.

Jeff Mack was sworn in as the new Planning Board member.

10. Adjournment

A motion was made by Mr. Hooper, seconded by Mr. Katz, to adjourn the meeting at 9:16 pm.
Motion carried unanimously.

Americans with Disabilities Act (ADA) Statement It is the policy of the Town of
Mooresville that all Town public meetings and Town-sponsored public meetings and events
are accessible to people with disabilities and to those with difficulties understanding the
English language. If you need assistance in participating in this public meeting due to a
disability as defined under the Americans with Disabilities Act (ADA), or need other
translative services, please call the Town Clerk’s Office at 704-662-3131 or
jcrosby@mooresvillenc.gov, or the Town ADA Coordinator at 704-799-4074 or
cmckenzie@mooresvillenc.gov, at least three (3) business days prior to the scheduled
meeting or event to request an accommodation.