Planning Board/Board of Adjustment

Minutes TOWN OF CORNELIUS PLANNING BOARD MEETING Assembly Room March 11, 2024 6:30 p.m. Members Present Staff Present Phil Bechtold Rox Burhans, Planning Director Joe Dean, Vice Chair Aaron Tucker, Senior Planner George Searle, Alternate Rechelle Ward, Administra�ve Assistant William Sykes, Alternate Heather Barfield, Planner Fred Westaway VISITORS No Visitors DETERMINATION OF QUORUM Vice-Chair Dean called the Planning Board mee�ng to order at 6:32 p.m. and noted a quorum was present. All members will be vo�ng. Vice-Chair Dean iden�fied the members vo�ng tonight: George Searle, Joe Dean, Fred Westaway, Phil Bechtold, and William Sykes. APPROVAL OF MINUTES Vice-Chair Dean entertained a mo�on to approve the February 12, 2024, mee�ng minutes. Mr. Westaway made a mo�on to approve, and Mr. Bechtold seconded. All were in favor and the mo�on was approved. In Favor: Mr. Westaway, Mr. Searle, Mr. Sykes, Opposed: None Mr. Bechtold and Mr. Dean CONSIDERATION OF APPROVAL REZ 06-23 Genesis Cornelius Vice-Chair Dean recognized Mr. Tucker and asked if he was ready to present. Mr. Tucker presented Genesis Cornelius (see atached PPT presenta�on), condi�onal zoning for a new auto sales and service dealership located on a 3-acre site at 18605 Statesville Road. The current Zoning is Highway Commercial and reques�ng Land Use Plan Highway Commercial Zoning. It is worth no�ng that our Highway Commercial Land use designa�on does call aten�on to having no auto sales. However, there is a conflict in our Land Development Code specifically establishes a very small overlay over this area and our staff feels this is a good fit and is currently used for automo�ve sales. Mr. Tucker presented different varia�ons of the site plans. The ini�al build is a 25,000 sq � building that fronts the street and is different from earlier versions. It is retrofi�ng a Genesis car dealership into the exis�ng parking lot area. We have a DOT project that is coming up that will widen Statesville Road and  as a part of the project, there is a U-turn bulb on Statesville Road and Westmoreland intersec�on will be retrofited to an RCI-style intersec�on which will reduce conflict intersec�on, that will prohibit le� turns. The building in the future will be front on the street and there will be limited parking along the front yard area but not as much as the ini�al build. In the ini�al build, the areas closest to Statesville Road, are for employees and customers only and will not be used for displaying vehicles. Mr. Tucker presented the Statesville Road frontage architecture. The building will consist of a lot of glass in the front and has been approved by the Architectural Review Board and they also recommended to make sure the HVAC equipment located on top of the building is screened appropriately. We will be recommending approval with condi�ons for this project. Condi�ons 1-10 are the standard zoning condi�ons. Mr. Tucker highlighted the following condi�ons that are special to this site. a) 11A- Detailed out the future build condi�on a�er the Statesville Road project comes in, that they come back to Town staff make sure the modified site plan is implemented. b) 11B- Instead of tearing out the exis�ng landscaping, during construc�on we will assess to make sure that whatever was damaged is replaced to ensure that it is efficient enough to meet the code. c) 11C- Ensure the architecture that is currently presented stays throughout the project. Mr. Tucker asked if there were any ques�ons. Mr. Westaway- In our condi�ons, the building will be built according to the first site plan or the second site plan? Will the site be prepared for the DOT change? Mr. Tucker- Yes, the site will be prepared for the final plan. The ini�al build is temporary. When the DOT project currently scheduled to begin in 2029, they will come in and remove that row of parking and install the U-turn bulb. The building will not have to change loca�ons. Vice Chair Dean stated we will now hear from the applicant, please state your name and address for the record. The applicant stated his name is David Fowler 3901 West Point Blvd in Winston Salem. Modern has been around since 1933 in Winston-Salem. Currently has 15 dealerships and their Lake Norman Nissan store has been in Cornelius for 20 years. Genesis of Concord is our current dealership. Genesis feels like Cornelius and the greater Lake Norman market is the primary spot for Genesis. It is a high-end brand, and this is where all the compe�tors are from the luxury automo�ve space. We are excited about moving our Concord loca�on to Cornelius. Genesis is focused on transi�oning to electric vehicles a few years from now and would be good for this market. Planning Board Mee�ng March 11, 2024 Page 2 of 9 Vice-Chair Dean asked if there were any ques�ons. Mr. Searle- When will you be star�ng and comple�ng your project? Mr. Fowler- We have given 10% set drawings to Genesis so we are wai�ng on their architects to respond. Hopefully late summer or fall of 2024. Mr. Searle- Will these new jobs you will be bringing to Cornelius, or will you be transferring employees from Concord. Mr. Fowler- Yes, they are new jobs Mr. Searle- You may have employees who will qualify for affordable housing. Here in Cornelius/Lake Norman, that is something we are serious about. I would welcome that once you get your building up and if you do have people who would qualify for affordable housing. It would be great if we could come to your employee mee�ngs and discuss the different programs for your employees. Mr. Fowler- We don’t even have to wait. We have our Nissan Lake Norrman store with employees who can benefit from that. Mr. Searle- Great, I will be in touch. Vice Chair Dean asked if there were any ques�ons or comments from the Public. None. Any further deliberation from the board concerning this project? Mr. Tucker stated if the Board approved this project, it will be presented at the April 1st Town Board meeting. Vice-Chair Dean entertained a mo�on to approve REZ 06-23 Genesis Cornelius. Mr. Westaway mo�oned, and Mr. Bechtold seconded. All were in favor and the mo�on was approved. In Favor: Mr. Sykes, Mr. Dean, Mr. Searle Opposed: None Mr. Bechtold, and Mr. Westaway. Vice-Chair Dean- Now we will read the Consistency Statement. Mr. Westaway read the Consistency Statement for REZ 06-23 Genesis Cornelius Planning Board Mee�ng March 11, 2024 Page 3 of 9 MNLN, LLC applicant, ini�ated the process to rezone and develop the property located at 18605 Statesville Road (PID#s 00541208, 00541239, 00541246, and 00541247), which consists of approximately 3.0 acres, to Conditional Zoning District as shown on Exhibit A, and to use the property in accordance with the condi�ons set forth in Exhibit B. The Planning Board considers the proposed map amendment, which consists of establishing an automobiles sales and service use to be reasonable and consistent with the Primary Land Uses shown in the Town of Cornelius Land Use Plan Highway Commercial use category when supplemented by the Automobile Sales District Zoning Overlay District. The Planning Board further notes that the subject property is currently used for automobile sales and is adjacent to other automobile sales uses. The Board also finds the proposed map amendment will serve the greater community and region and is in the public’s interest. I move to approve the Consistency Statement, and Mr. Searle seconded the mo�on. In Favor: Mr. Westaway, Mr. Sykes, Mr. Searle Opposed: None Ms. Bernard, Mr. Becthold, and Mr. Dean. REZ 07-23 The Serve Pickelball + Kitchen Vice-Chair Dean recognized Mr. Tucker and asked if he was ready to present. Mr. Tucker presented The Serve Pickleball + Kitchen (see atached PPT presenta�on). A proposed condi�onal rezoning for a 51,000 sq. �. indoor/outdoor pickleball club and kitchen located on 6.3 acres on Chartown Road. Current Zoning is Land Use Plan Highway Commercial Zoning, which this project fits. Presented the vicinity map which views the Magnolia Estates neighborhood borders to the west and LKN Chrysler Dodge Jeep Ram Dealership and Lake Norman Powersports to the north and south and the property fronts Chartown Drive which shows where the access comes. Mr. Tucker provided a view from the Chartown side, looking back toward the neighborhood showing the type of vegeta�on and forest that is there in between the neighborhood. There are two components to this Pickleball. There is an indoor and outdoor component. The outdoor pickleball will be located on the side furthest away from the residen�al and bordered by the building because of the noise associated with Pickleball, which was the best op�on. We added a condi�on that the fence and court materials must be made from a special material that can be put down on the court floor as well as the fencing wall to cut down on those noise concerns. Along the western property boundaries, there was a row of trees and they all will be retained and supplemented with other buffers in-between. Mr. Tucker shared an exhibit that shows that Pickleball is a hot commodity and the town is currently looking at expanding some of our parks facili�es with Pickleball at Torrence and Baily Road Park. According to studies, we try to get 250 � or more away from any residen�al unit. At the project, the closest residen�al housing structure from the court is about 430 � and the others are in the 500 to 700 � range. Planning Board Mee�ng March 11, 2024 Page 4 of 9 Provided photos of the eleva�ons that have been reviewed and approved by the Architectural Review Board. Addi�onally, they asked that once they get further along in construc�on to make sure that any type of kitchen and HVAC equipment on top of the roof is screened in. Reviewed the floor plan layout which includes the outdoor and indoor courts, the center will have a golf simulator in the center, and a restaurant along with a café and a bar. There is also a mee�ng room that can be rented out and a lounge area. Some concerns came up at the community mee�ng, held on February 6th, such as noise and what we are going to do about it, how close it is, and concerns about the lack of pedestrian connec�vity. Neighbors were in support of the project but wanted to know how they could get to it without having to drive all the way around. We looked at ways to make a path in that area, but it is not a part of the project at this point. It’s all private property along the neighborhood in the back. Along Chartown Drive, we do have a 10 � mul�-use path. Regis�x just started the rezoning process and there is an opportunity to include a mul�-use path down Lake Pine Drive so you could connect to the Westmoreland neighborhood up to this site. Mr. Salzman has had addi�onal mee�ngs with some neighbors adjacent to the neighborhood which not required but wanted to share. We are recommending approval with the following special condi�ons: a) 11A- Outdoor pickleball play shall be limited to the hours of 7:00 a.m. to 10:00 p.m. Outdoor pickleball play beyond these hours may be permited for special events subject to administra�ve approval by Town of Cornelius staff. b) 11B- The outdoor pickleball court floor surface shall be constructed with the Ac�on Herculean PB Pro pour and pad flooring system. The 10-� tall (approx.) northern outdoor pickleball court fence shall also be constructed with Acous�Fence sound reduc�on material to reduce outdoor court noise. Any floor or fencing soundproofing alterna�ves must be administra�vely approved by the Town of Cornelius staff prior to installa�on. c) 11C- Outdoor parking lot light poles in the rear western parking area and the far northern and southern side parking areas (approximately 300-� east from rear parking area) shall be limited to a height of 22’. All parking lot lights shall be fully cut off and shielded. Any use of building wall pack ligh�ng shall be fully cutoff. d) 11D- The western rear buffer shall consist of a combina�on of Type A-1 and A-2 buffers featuring undisturbed and planted vegeta�on. The Type 2 buffer area shall be supplemented with a masonry wall as reflected in the Rezoning Plan. e) 11E- The proposed project shall be developed consistent with the submited conceptual site and architectural plans, included as Exhibit C. Roo�op equipment such as HVAC units, vents, and similar appurtenances shall be appropriately screened from view. Mr. Tucker asked if there were any ques�ons. Planning Board Mee�ng March 11, 2024 Page 5 of 9 None Vice Chair Dean stated we will now hear from the applicant, please state your name and address for the record. The applicant stated his name is Larry Shaheen. Atorney at the MacIntosh Law Firm 209 Delburg Street suite 203, Davidson NC 28036. The community wants to see one of these types of facili�es and being able to go. There is a pickleball court in Charlote that has 6 courts, there is also one that will have 4 courts and this one will have 16. The Serve Pickleball + Kitchen is going to be project is a huge win for the town. We will be able to use great local people such as ESP, Spectrum Commercial, Charlie Caputo who did the design for the Lake Norman Chrysler building and McIntosh Law firm will be leading this development with counsel. Total investment plans are $15 -16 million dollars, the first year to get this project off the ground. With the approval here tonight, we will be able to move forward with ge�ng construc�on started and we do have an ac�ve grading permit out there on the site. We would work with the town to begin working as soon as possible, as early as April, and be done by the end of the year. This will allow us to hit strong into the next year and have it available in the Spring of 2025. Will employ around 30 immediate new jobs and will grow ul�mately up to 100. One unique feature, unlike other places, their servers will get paid $15 hr. plus �ps. That is the commitment from the Salzman’s to the Town of Cornelius so that they can afford to live in the community in which they are working. There will be 16 courts. 10 indoor courts/6 outdoor courts, a pro shop with a professional on staff. We will also have a Top Golf simulator bay there as well. There is no other local professional pickleball coach anywhere in the region. He will be able to do camps, and assist them with buying material as well as lessons, which will be a neat opportunity. The closest Top Golf simulator bay is located in the SouthPark area. This will be the only place you will be able to see this type of amenity anywhere in NC. The restaurant, café, and lounge will be available for all-day use by the community. The community room will be another feature that is like what the Salzman’s did at Lake Norman Chrysler, which allows non-profits to use it for free. That 2nd mezzanine level will house the philanthropic efforts of the Salzman’s non-profit Giving with Grace, where they will distribute the proceeds from the sales back into our community. Mr. Shaheen, touched on sound mi�ga�on. The ideal distance from the court to a residence is 350 � a�er doing research. We will be padding the courts and pu�ng mi�ga�on measures on the sound, we are agreeing to the condi�ons of limits play �ll 10 pm. This will reduce the amount of complaints in regards to noise. Mr. Shaheen asked if there were any ques�ons. Planning Board Mee�ng March 11, 2024 Page 6 of 9 Mr. Becthold asked about the membership vs the public usage. Mr. Shaheen explained that there will be pre-sales for memberships made available which will allow members to pre-book courts in a larger advance of �me (2-3 weeks out). If the courts are not booked a�er that �me, the general public will be allowed to reserve court �me. The goal is to allow members to have access to professionals, pro shop, etc., and is s�ll working out the discounts. The system that will be used in this facility will allow you to go online to reserve a court, at an hourly charge. Mr. Salzman stated that the membership acts like a private club as well. If you are a member, you will be able to charge food, beverages, etc. The app will allow you to pre-order your food before arriving or leaving the facility. Vice-Chair Dean asked if the kitchen would be open to the public. Mr. Salzmam stated that the kitchen will seat 94 ppl and will be fully open to the public Vice-Chair asked what the hours of the restaurant be. Mr. Salzman stated that Monday-Friday, 11 am -10 pm, and Saturday and Sunday expand it to serve breakfast. Mr. Westaway asked about serving breakfast 7 days a week. Mr. Salzman stated that they are undecided about that and why the staffing has bumped up to close to 100. Mr. Westaway asked if during those special events, will there be outdoor music or some type of entertainment that goes along with Pickleball. Mr. Salzman stated that all music will be indoors. If you hear it outside, there will be some sort of acous�cs. The goal is to minimize as much impact on the neighbors as possible. Mr. Westaway expressed concerns regarding accessibility and the road not tying into the neighborhood that will have commercial traffic coming through. Mr. Westaway men�oned when you are developing the site, be mindful of the seasonal vegeta�on that is in that buffer zone. Mr. Searle stated that there is something around affordable housing that could be done for the associates as men�oned before as offered with Genesis. Vice-Chair Dean entertained a mo�on to approve REZ 0-23 The Serve Pickleball + Kitchen. Mr. Westaway mo�oned, and Mr. Bechtold seconded. All were in favor and the mo�on was approved. Planning Board Mee�ng March 11, 2024 Page 7 of 9 In Favor: Mr. Sykes, Mr. Dean, Mr. Searle Opposed: None Mr. Bechtold, and Mr. Westaway. Vice-Chair Dean read the Consistency Statement. REZ 07-23 The Serve Pickleball + Kitchen DB Entertainment Real Estate Management, LLC applicant, ini�ated the process to rezone and develop the property located at 20220 Chartown Drive (PID# 00513131), which consists of approximately 6.393 acres, to Conditional Zoning District as shown on Exhibit A, and to use the property in accordance with the condi�ons set forth in Exhibit B. The Planning Board considers the proposed map amendment to be reasonable and consistent with the Primary Land Uses shown in the Town of Cornelius Land Use Plan Highway Commercial Use land use category as general commercial services are primary land uses in this category and recrea�on uses are secondary land uses in this category. The Board also finds the proposed map amendment will serve the greater community and region and is in the public’s interest. I moved to approve the Consistency Statement, and Mr. Westaway seconded the mo�on. In Favor: Mr. Westaway, Mr. Sykes, Mr. Searle Opposed: None Ms. Bernard, Mr. Becthold, and Mr. Dean. Mr. Westaway asked Mr. Burhans if going forward could the planning department include �melines for the projects during the presenta�on. Mr. Barhan stated the planning department will have those �melines included going forward. OLD BUSINESS None NEW BUSINESS Mr. Burhans for the April Planning Board agenda, we will have Frui�ul Roots Brewery on North Main St. We received seven proposals for the Downtown Master Plan from the Charlote region and will be interviewing two of them on Wednesday, March 20th. Mr. Westaway asked if there is an update on when we will have a full board again. Mr. Burhans stated that once he has defini�ve informa�on, he will make it available to everyone. Mr. Westaway asked about the trees caught in the power line on the property built at the Junker, which has been there for 3 weeks. Do we have a �meframe on when they will be removed as there is a hazard? Mr. Burhans will reach out to the contractors or Duke to see if he can get an update. Planning Board Mee�ng March 11, 2024 Page 8 of 9 ADJOURNMENT Vice-Chair Dean made a mo�on to adjourn the mee�ng at 7:17 p.m. Mr. Searle seconded the mo�on. In Favor: Mr. Dean, Mr. Westaway, Mrs. Bernard, Mr. Searle, Opposed: None Mr. Bechtold NEXT MEETING April 8, at 6:30 p.m. Respec�ully submited: ___________________________ __________ _________________________ _________ Joe Dean Date Rechelle Ward Date Vice Chairman Administra�ve Assistant Enc: Town Staff PowerPoint Presenta�on Planning Board Mee�ng March 11, 2024 Page 9 of 9