September 24, 2024 — Mooresville, NC
Date: 2024-09-24

Agenda
 Town of Mooresville
 Planning Board
 September 24, 2024
 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

8. Old Business

 8.a Continued agenda item from the Planning Board meeting held on August 27,
 2024: Consider Conditional Rezoning Request CZ-2023-03 for 58.4-acre sites
 located at 1304 Oakridge Farm Highway & 1854 Landis Hwy (Brumley Farm). The
 applicant is requesting Conditional Residential Low Intensity (C-RLI) zoning.
9. New Business
 9.a Consider Conditional Rezoning Request CZ-2024-08 for a 125.3-acre site located
 at 2255 Statesville Highway (Millsaps Farm Village). The applicant is requesting
 Conditional Residential General (C-RG) and Conditional Community Commercial
 (C-CC).
 The property owners are seeking Conditional Residential General (C-RG) and
 Conditional-Community Commercial (C-CC) for a 125.3-acre site located at 2255
 Statesville Highway (Millsaps Farm Village) (PINs 4668014837, 4668022377,
 4668028884, 4668036082, 4668029301, 4668131112, 4668132165, 4668133391,
 4668135112, 4668137113, 4668225573, 4668215820, 4668115908, 4668123692,
 4668127613, 4668127459, 4668135061, 4668025719, 4668210204, 4668127538).
 The property is currently zoned Residential Low Intensity (RLI), Community
 Commercial (CC), and Industrial (IN).
 CZ-2024-08 Staff Report Packet Final.pdf
 Draft Ordinance CZ-2024-08 2255 Statesville Hwy (Updated).pdf

 9.b Consider Planned Development Request PD-2024-01 for a 98.17-acre site located
 at 1740/1814 Mecklenburg Highway (Cadia Mooresville). The request is to rezone
 from Residential Low Intensity (RLI) and Corridor Mixed Use (CM) to Planned
 Development District (PD).
 Well Pappas Mooresville Landowner LLC; G&M Partners LLC is to rezone a 98.17-
 acre site located at 1740/1814 Mecklenburg Highway (Cadia Mooresville) (PINs
 4655102752, 4655023300). The property is currently zoned Residential Low
 Intensity (RLI) and Corridor Mixed Use (CM). The request is to rezone to Planned
 Development (PD).
 PD-2024-01 Staff Report Packet.pdf
 Development Agreement (Draft).pdf
 PD ORD Cadia.pdf

 9.c Consider Text Amendment TA-2024-07: Amendment to the Unified Development
 Ordinance for Batch 3 Amendments.
 Amendments to the Unified Development Ordinance regarding permit choice,
 change of use, traffic impact analysis, street connectivity, tree protection, changes
 in use standards (kennels, data/centers, restaurants/bars, community services,
 and manufactured homes), modification of design standards, shared driveways,
 downtown signage, and other minor modifications.
 TA-2024-07 (Batch 3) Staff Report Packet.pdf
 UDO_Batch_3-Planning Board September 2024.docx ORD_TA-2024-07
 Updated.docx

10. Administrative Items

11. 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
 September 24, 2024
 6:00 PM - Mooresville Town Hall

Present: Mark Brady, Jeremy Katz, Michael Cole, Steve McGlothlin, Rosalind Campbell,
Laura Temple, Gregory Peretz, and Michelle Marckwardt.

Absent: Shaun Hooper
Also Present: Planning & Community Development Director Erika Martin, Senior
Planner David Cole, Staff Attorney, Caline Schecter, and Clerk Danielle Upright.

1. Call to Order
 Chair Steve McGlothlin called the meeting to order at 6:00 p.m.

2. Pledge of Allegiance

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

4. Public Comment
 Jack Benyon-263 Beaten Path Dr. Expressed concern about the rapid growth in
 Mooresville.

5. Adjustments to the Agenda

 ACTION: A motion was made by Mark Brady, seconded by Rosalind Campbell, to
 remove item 8.a. CZ-2023-03 (Brumley Farms) from the Planning Board Agenda.

 Motion carried: 7-0 vote

6. Adoption of the Agenda

 ACTION: A motion was made by Jeremy Katz, seconded by Michelle Marckwardt, to
 approve the agenda.

 Motion carried: 6-1 vote.

7. Consideration of Approval of Minutes
 No minutes were available for approval.


8. Old Business
*This item was removed from the agenda*

8. a Continued agenda item from the Planning Board meeting held on August 27, 2024:
Consider Conditional Rezoning Request CZ-2023-03 for 58.4-acre sites located at 1304
Oakridge Farm Highway & 1854 Landis Hwy (Brumley Farm). The applicant is requesting
Conditional Residential Low Intensity (C-RLI) zoning.

9. New Business

9. a. Consider Conditional Rezoning Request CZ-2024-08 for a 125.3-acre site located at
2255 Statesville Highway (Millsaps Farm Village). The applicant is requesting Conditional
Residential General (C-RG) and Conditional Community Commercial (C-CC).
The property owners are seeking Conditional Residential General (C-RG) and Conditional-
Community Commercial (C-CC) for a 125.3-acre site located at 2255 Statesville Highway
(Millsaps Farm Village) (PINs 4668014837, 4668022377, 4668028884, 4668036082,
4668029301, 4668131112, 4668132165, 4668133391, 4668135112, 4668137113,
4668225573, 4668215820, 4668115908, 4668123692, 4668127613, 4668127459,
4668135061, 4668025719, 4668210204, 4668127538). The property is currently zoned
Residential Low Intensity (RLI), Community Commercial (CC), and Industrial (IN).

David Cole presented the staff report:

The applicant is proposing a mixed-use development called “Millsaps Farm Village,” to consist
of single-family homes, townhomes, and five out parcels accommodating roughly 56,700
square feet of commercial space. The case was heard recently but the developer made an error
in the original conditions list, and accidentally represented that there would be 319 units, when
the total count should be 343. The overall residential density proposed will not exceed 343
units, and the proposed concept plan and other conditions will remain unchanged. This
requires a new hearing and planning board recommendation before the proposal can go to
Town Board.

A neighborhood meeting was held in person on April 18, 2024, at 6:00 p.m. at Selma Burke
Center in Mooresville.

Mr. Cole stated that the staff recommends approval of CZ-2024-08.

The developer Nate Bowman spoke on behalf of the changes made to the original approval.

Public Comment was made by:

 • Richard Beck spoke against this project due to overgrowth within the town.
 • Jack Benyon spoke against this project due to overgrowth within the town.

Staff Attorney, Caline Schecter asked the developer Nate Bowman if they agreed to the 14
conditions that were presented in the original rezoning case. Mr. Bowman agreed to the
conditions.

ACTION: A motion was made by Michael Cole, seconded by Mark Brady to recommend
approval to the Board of Commissioners for the Conditional Rezoning.

Motion carried: 8-0 vote.
9. b Consider Planned Development Request PD-2024-01 for a 98.17-acre site located at
1740/1814 Mecklenburg Highway (Cadia Mooresville). The request is to rezone from
Residential Low Intensity (RLI) and Corridor Mixed Use (CM) to Planned Development
District (PD).
Well Pappas Mooresville Landowner LLC; G&M Partners LLC is to rezone a 98.17-acre site
located at 1740/1814 Mecklenburg Highway (Cadia Mooresville) (PINs 4655102752,
4655023300). The property is currently zoned Residential Low Intensity (RLI) and
Corridor Mixed Use (CM). The request is to rezone to Planned Development (PD).

David Cole presented the staff report:

The applicant is proposing a significant Planned Development District previously named
“Cadia Mooresville” but recently changed to “Mooresville Village.” The development is
proposed to consist of up to 625 residential units, and up to 279,000 commercial square
feet. The developer was originally proposing a transit bonus of additional residential units
(up to 875 units) and additional commercial but this has since been dropped from the
request. Residential uses will consist of single-family detached dwellings, cottage
development, multifamily dwellings, and townhomes. A mix of commercial uses is also
proposed, including retail (including a new grocery use), restaurants, bank/financial
institutions, offices, and potentially a hotel.

A virtual neighborhood meeting was held on August 28, 2024.

This project is subject to a Final Developer Agreement which is still in the process of being
completed.

Mr. Cole presented staff recommendations for the Development Agreement:
 • Additional Lake Loop along Bridges Farm.
 • Convey 1 acre for a future transit stop to Town, with no revocation.
 • Commit to uses per phase, and update development timing.
 • Other requested language clarifications.

It was noted that the proposed project with be divided into 4 Phases.

Mr. Cole stated that the staff recommends approval of the rezoning PD-2024-01.

The developer presented and answered questions about the proposed rezoning.

 • Steve Mcleod
 • Peter Pappas
 • Jim Shumaker
 • Francis Fennell-Engineer

Public Comment was made by:

 • Richard Beck spoke against this project.
 • Jack Benyon spoke against this project.
 • Angie Radel spoke against this project.
ACTION: A motion was made by Jeremy Katz, seconded by Mark Brady to recommend
approval to the Board of Commissioners for rezoning PD-2024-01.

Motion carried: 5-2 vote.

9. c Consider Text Amendment TA-2024-07: Amendment to the Unified Development
Ordinance for Batch 3 Amendments.
Amendments to the Unified Development Ordinance regarding permit choice, change of
use, traffic impact analysis, street connectivity, tree protection, changes in use standards
(kennels, data/centers, restaurants/bars, community services, and manufactured homes),
modification of design standards, shared driveways, downtown signage, and other minor
modifications.

Erika Martin presented the 16 Text Amendment changes to the UDO, with the removal of
restaurants and bars per the Town Manager.

These changes are:

1. Change of Use-This change would simplify the process for businesses opening in
existing commercial spaces.
2. Traffic Impact Analysis-Allows a slightly greater trip threshold for non-residential
projects with a low traffic impact.
3. Tree Protection-Allows the use of visible fencing to protect trees and reduces re-
planting and provides a replacement cap.
4. Date Centers-Clarifies that in the Industrial (IN) zoning district data centers are not
restricted on size and can utilize industrial form standards.
5. Kennels & Pet Boarding-New kennels & pet boarding businesses will require
Conditional Zoning for approval and allow the Town Board to set site contextual buffers.
6. Community Services- (i.e. churches)- Classifies Community Services as variable
parking.
7. EV Charging- Town projects to be EV-ready versus requiring installation of EV
charging stations.
8. Manufactured Homes-Phases out manufactured homes in downtown Mooresville
and prevents new manufactured parks from establishing in Residential Limited Service
(RLS).
9. Shared Access-Allows very small subdivisions on collector roads to utilize shared
driveways versus loop driveways.
10. Permitted Encroachments- Allows covered/enclosed porches and patios to
encroach by 15’ in rear yards.
11. Connectivity-Allows connectivity to existing streets to be waived in certain
circumstances.
12. Access Points-Updates ordinance to reference Fire Code for the number of required
access points.
13. Administrative Manual- Replaces references to an administrative manual due to
the existence of our online portal.
14. Permit Choice- Allows projects in process to select newly adopted rules mid-process
versus all old rules or all new rules.
15. Erosion & Sediment Control- Incorporates previously approved text regarding
Erosion and Sedimentation Control.

Town staff recommends approval to the Town Board of Batch #3 Text Amendments.
Public comment-Sharon Effer (142 Clodfelter Road)-Spoke in public comment on street
connectivity.

ACTION: A motion was made by Gregory Perez, seconded by, Laura Temple to approve
the Batch 3 Text Amendments.
Motion carried: 7-0 vote.

10. Administrative Items

Mrs. Martin spoke on the proposed affordable housing text amendment, which Planning
Board had recommended denial of in August. She stated that the Town Board decided to set
deed restrictions at a minimum of 7 years, and up to 150 AMI, but adopt the request

The Board would also like affordable housing to be known as attainable housing.

October’s Planning Board will have two rezoning cases and a Text Amendment change.

11. Adjournment

ACTION: A motion was made by Mark Brady, seconded by Jeremy Katz to adjourn the
meeting at 8:11 p.m.

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.