Fillable CZ 2020 13 Packet (City of Kannapolis)

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CZ 2020 13 Packet (City of Kannapolis)

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Planning and Zoning Commission
January 19, 2021 Meeting
Staff Report
TO: Planning and Zoning Commission
FROM: Gretchen Coperine, AICP, Assistant Planning Director
SUBJECT: Case #CZ-2020-13
Conditional Zoning Map Amendment
Applicant: Redwood USA, LLC
Request to conditionally rezone property located at 5885, 5965 & 6041 Davidson Highway
from I-1 (Light Industrial) and CD (Campus Development) to RC-CZ (Residential Compact-
Conditional Zoning), further identified as Cabarrus County PINs # 56010775130000,
46919796980000 and 46919777450000 to allow for a 78-unit apartment development.
A. Actions Requested by Planning & Zoning Commission
1. Hold Public Hearing
2. Motion to adopt Resolution to Zone
3. Motion to adopt Statement of Consistency
B. Decision and Required Votes to Pass Requested Actions
Section 3.3.4.2 of the UDO allows the Planning and Zoning Commission to render a final
decision on a rezoning request; subject to an affirmative vote of three-fourths of the
Commission members present and not excused from voting, or if there is no appeal of the
decision. If there is a denial, an approval by a vote of less than three-fourths, or an appeal of
the decision, then only the City Council shall have final decision making authority. Any final
decision rendered by the Commission may be appealed within fifteen (15) days to the City
Council.
C. Background & Project Overview
The applicant is proposing to rezone properties located on Davidson Highway from I-1 (Light
Industrial) and CD (Campus Development) to RC-CZ (Residential Compact-Conditional
Zoning). The attached site plan shows a 78-unit apartment development. There is an existing
Planning and Zoning Commission
January 19, 2021
Case #CZ-2020-13
2
variance on the property to allow for construction of parking within the 55 foot Coddle Creek
Thoroughfare Protection Overlay District (CCTP).
D. Fiscal Considerations
None
E. Policy Issues
Section 3.3.5 of the UDO states that the Planning and Zoning Commission may consider
the following questions, at a minimum, in reviewing an application for rezoning:
1. The size of the tract in question.
The size of the subject tract is approximately 19.713 +/- combined acres.
2. Does the proposal conform with and further the goals and policies of the Land Use
Plan, other adopted plans, and the goals, objectives, and policies of this
Ordinance?
This property is located in the “Suburban Activity 1” and Employment Center
Character Areas as designated on the “Future Land Use Map” in the Move Kannapolis
Forward 2030 Comprehensive Plan. The Suburban Activity 1 and Employment Center
Characters Area includes multi-family residential development. The proposed use is
therefore in conformance with the goals and policies of the 2030 Plan.
3. Is the proposed rezoning compatible with the surrounding area?
The property is located on the southeast corner of Kannapolis Parkway and Davidson
Highway. Property to the north is zoned CD and is developed with commercial uses.
Property to the south is zoned Rural Estate (RE) and is developed with single family
detached homes. Property to the east is zoned I-1. Uses within the surrounding area
include commercial, single-family residential, and industrial. The proposed multi-
family residential development is compatible with the surrounding mix of uses and
provides an appropriate transition between the residential and commercial uses in the
area.
4. Will there be adverse effects on the capacity or safety of the portion of street
network influenced by the rezoning?
The proposed project was not required to provide a Traffic Impact Analysis. However,
the developer, and City and NCDOT staff discussed the potential improvements to
Davidson Highway in the context of the State project for the widening of Davidson
Highway. These improvements are intended to mitigate any impacts on the roadway
network from the proposed development.
5. Will there be parking problems?
The site plan submitted with this request for rezoning includes adequate parking for the
proposed use.
Planning and Zoning Commission
January 19, 2021
Case #CZ-2020-13
3
6. Will there be environmental impacts that the new use will generate, such as
excessive storm water runoff, water, air or noise pollution, excessive nighttime
lighting, or other nuisances?
No environmental impacts are anticipated, and the development will be required to
conform to all applicable local, state, and federal environmental regulations. Also, the
floodplain within the southern portion of the property will not be developed.
7. Has there been any change of character in the area due to installation of public
facilities, other zone changes, new growth trends, deterioration, and
development?
The area surrounding the proposed development is experiencing continued strong
residential and commercial growth.
8. Is there compliance with the adequate public facilities criteria?
There are adequate public facilities available to the property or within close proximity,
which will be extended to serve the development.
9. What are the zoning districts and existing land uses of the surrounding
properties?
The property is located on the southeast corner of Kannapolis Parkway and Davidson
Highway. Property to the north is zoned CD and is developed with commercial uses.
Property to the south is zoned Rural Estate (RE) and is developed with single family
detached homes. Property to the east is zoned I-1. Uses within the surrounding area
include commercial, single-family residential, and industrial uses. The proposed multi-
family residential development is compatible with the surrounding mix of uses and
provides an appropriate transition between the residential and commercial uses in the
area.
10. Is the subject property suitable for the uses to which it has been restricted under
the existing zoning classification?
The properties are currently zoned CD and I-1. A rezoning is required to develop multi-
family apartments on the parcels.
11. Is the zoning compatible with the adjacent neighborhood, especially residential
neighborhood stability and character?
The proposed residential use is compatible with the adjacent commercial and
residential neighborhoods.
12. What length of time has the subject property remained vacant as zoned?
N/A
13. Is there an adequate supply of land available in the subject area and the
surrounding community to accommodate the zoning and community needs?
There are parcels in the surrounding area that would be sufficient to accommodate
future zoning and community needs.
Planning and Zoning Commission
January 19, 2021
Case #CZ-2020-13
4
14. Was the existing zoning in error at the time of adoption?
No.
F. Legal Issues
None
G. Finding of Consistency with Comprehensive Plan
Staff finds this rezoning consistent with the goals and policies of the Move Kannapolis
Forward 2030 Comprehensive Plan, adopted by City Council, which designates this property
as being located in “Suburban Activity 1” and “Employment Center” Character Areas, which
allow for multi-family development. Staff finds the request for rezoning reasonable and in the
public interest because it allows for residential land use of a scale appropriate for transitioning
between the more intense commercial uses to the north and the lower density single-family
residential uses to the south. The proposed rezoning is compatible with surrounding zoning
and is not anticipated to have an adverse effect on the capacity and safety of the adjacent street
network, nor is anticipated to generate parking problems or any adverse impact on the
environment. Finally, the proposed development will be adequately served by public water
and sewer service.
H. Staff Recommendation and Alternative Courses of Action
Staff Recommendation
The Planning and Zoning Commission may choose to approve or deny the petition as
presented.
Based on the request being consistent with the Move Kannapolis Forward 2030
Comprehensive Plan, staff recommends approval with the following conditions for
Zoning Map Amendment Case #CZ-2020-13:
1. The permitted uses allowed by this rezoning shall only include 78 multi-family units
as generally depicted on the site plan submitted with this rezoning.
2. A Final Site Plan, in compliance with all applicable City standards, shall be submitted
to and approved by City Staff prior to issuance of a Zoning Clearance Permit.
3. Compliance with the current Land Development Standards Manual (LDSM).
4. Final design of all road intersections on which development has access to and/or street
frontage on shall be approved by NCDOT and the City.
5. The lane widths, sidewalks, pavement structure, road alignment, and road grades for
interior roads shall be constructed in compliance with current City standards.
6. Roads and parking lots shall comply with all Fire Codes and Auto-turn shall be run for
an SU-30 and Bus-45 (mimics ladder truck).
7. Streams and wetlands shall be identified by a qualified professional and all buffers
shown in accordance with Article 4 of the Kannapolis UDO. Construction of buildings,
Planning and Zoning Commission
January 19, 2021
Case #CZ-2020-13
5
roads, and other structures must comply with AE Zone & RSOD Buffer requirements
or be relocated.
8. A Stormwater Management Permit will be required for this development in accordance
with Article 9 of the Kannapolis UDO. Easements, maintenance agreements and viable
access shall be provided for all stormwater structures and SCM’s. Stormwater SCM’s
cannot be constructed in the undisturbed buffer. Additional requirements are necessary
to verify design of SCM within AE Zone
9. Water and sewer main extensions will be required for this project. The developer shall
be responsible for designing, permitting and constructing water and sewer mains in
accordance with City and WSACC standards.
10. All water and sewer mains shall be publicly maintained and located within a public
right-of-way or utility easement. The water and sewer mains shall be located in the
roadway under the pavement per the City’s Typical Section Utility Layout, LDSM
Detail 301.
11. Easements for Sanitary Sewer lines, Water lines and Storm Sewer pipes need to be a
minimum of 20-feet wide. Additional width may be required depending on the depth
of the line. Sanitary sewer lines and storm sewer lines shall be located within Common
Open Space (easements centered on property lines shall not be permitted). Viable
access shall be provided along all easements with a grade no greater than 15% for
maintenance vehicles and cross slopes shall not exceed 5%.
12. The Fire Department shall approve locations of all hydrants.
13. Fire apparatus access roads shall remain open at all times.
Alternative Courses of Action
Motion to Approve (2 votes)
1. Should the Commission choose to approve the request for rezoning as presented
in Case #CZ-2020-13, a motion should be made to adopt the following Statement
of Consistency:
Statement of Consistency: The Planning and Zoning Commission finds this rezoning consistent
with the goals and policies of the Move Kannapolis Forward 2030 Comprehensive Plan,
adopted by City Council, which designates this property as being located in a “Suburban
Activity 1” and “Employment Center” Character Areas, which allow for multi-family
development. The Commission finds the request for rezoning reasonable and in the public
interest because it allows for residential land use of a scale appropriate for transitioning
between the more intense commercial uses to the north and the lower density single-family
residential uses to the south. The proposed rezoning is compatible with surrounding zoning
and is not anticipated to have an adverse effect on the capacity and safety of the adjacent street
network, nor is anticipated to generate parking problems or any adverse impact on the
environment. Finally, the proposed development will be adequately served by public water
and sewer service.
Planning and Zoning Commission
January 19, 2021
Case #CZ-2020-13
6
2. Should the Commission choose to approve Case #CZ-2020-13, a motion should
be made to adopt the Resolution to Zone.
Motion to Deny (2 votes)
1. Should the Commission choose to recommend denial of Case #CZ-2020-13, a
motion should be made to adopt the following Statement of Consistency:
Statement of Consistency: The Planning and Zoning Commission finds this zoning map
amendment as presented in Case #CZ-2020-13 to be inconsistent with the goals and policies
of the Move Kannapolis Forward 2030 Comprehensive Plan, adopted by City Council,
because (state reason(s)) and is unreasonable and not in the public interest because (state
reason(s)).
2. Should the Commission choose to deny Case #CZ-2020-13, a motion should be
made to deny the Resolution to Zone.
I. Attachments
1. Rezoning Application
2. Vicinity Map
3. Zoning Map
4. 2030 Future Land Use and Character Map
5. Site Plan
6. Neighborhood Meeting Information
7. Notice of Public Hearing
8. List of Notified Properties
9. Letter to Adjacent Property Owners
10. Posted Public Notice Sign
11. Resolution to Adopt a Statement of Consistency
12. Resolution to Zone
J. Issue Reviewed By:
• City Manager
• City Attorney
• Planning Director
Planning Department
401 Laureate Way
Kannapolis, NC 28081
704.920.4350
planningapps@kannapolisnc.gov
Revised: 05/2020
Conditional Zoning Map Amendment Checklist
SUBMITTAL CHECKLIST
CONDITIONAL REZONING REQUEST
PROCESS INFORMATION
So that we may efficiently review your project in a timely manner, it is important that all required documents and fees listed on the
“Submittal Checklist” below are submitted with your application. One or more of the required documents may be waived due to the
size of the parcel, the proposed use or the adequacy of existing infrastructure servicing the location. Submit digitals and 1 hard copy of
applications and accompanying documents to the Planning Department at the address above.
Conditional Rezoning – Request for an amendment to the Kannapolis Zoning Map.
Approval authority – Planning and Zoning Commission.
Requested Rezoning Property Address: ______________________________
Applicant:
Proposed development: _______________________________________________________________________
____________________________________________________________________________________________________________________
Pre-Application Meeting – send an email to planreviewappointment@kannapolisnc.gov
Neighborhood Meeting (if required)
Zoning Map Amendment Checklist and Application – Complete with all required signatures
Preliminary Major Site Plan
PDF format on disc containing all documents rotated and formatted in sequential order based upon cover page
Fee: $925.00 ($600 Application Fee, $300 Legal Notices and notification fee, # of property owners notified [see Fee Schedule])
Public Notification: This is a legistlative process that requires a public hearing and public notification including newspaper
notice, first-class mailed notice to adjacent property owners and a sign posted prominently on the property (Section 3.1.5.1
of the UDO).
Review Process: All applications will be reviewed for compliance and then forwarded to the Planning and Zoning
Commission for consideration at a public hearing which is held monthly on the 1
st
Wednesday at 6:00pm in City Hall Laureate
Center. The application and all fees must be paid prior to scheduling the public hearing.
Action by Planning and Zoning Commission: After conducting a public hearing, the Commission may: deny the application;
conduct an additional public hearing on the application; or approve the application with conditions.
Scope of Approval: An affirmative vote of three-fourths of the members present and not excused from voting, shall be
necessary to approve a conditional rezoning request. The approval of a rezoning does not authorize development activity,
but does authorize the application to apply for a final major site plan. Any final decision rendered by the Commission may be
appealed within fifteen (15) days to the City Council.
By signing below I acknowledge that I have reviewed the Submittal Checklist and have included the required submittal items
and reviewed them for completeness and accuracy. I also acknowledge that my application will be rejected if incomplete.
Applicant’s Signature: Date:
Redwood USA, LLC
78 single story 2-bedroom apartment dwellings and associated private/public infrastructure.
11/3/20
5885 Davidson Highway, Concord, NC 28027
Applicant will handle notifications for neighborhood meeting - $600 fee attached
meetings held with City on 9/30 and 10/26
click to sign
signature
click to edit
Planning Department
401 Laureate Way
Kannapolis, NC 28081
704.920.4350
planningapps@kannapolisnc.gov
For Staff Use Only:
Filing Fee: Receipt #:
Case #: Date Received:
Revised: 09/2020
CONDITIONAL ZONING MAP AMENDMENT APPLICATION
Approval authority – Planning and Zoning Commission
Applicant Contact Information Property Owner Contact Information o same as applicant
Name: Name:
Address: Address:
Phone: Phone:
Email: Email:
Project Information
Project Address:
Parcel: # of parcels: Approx. size of parcels:
(attach separate list if necessary)
Current Zoning Designation: Requested Zoning Designation:
Reason for map amendment:
Condition(s) proposed by the applicant (attach separate sheet if necessary):
By signing below, it is understood and acknowledged that if the property is conditionally rezoned as
requested, the property involved in this request will be perpetually bound to the use(s) authorized and
subject to such condition(s) as imposed, unless subsequently changed or amended as provided for in the
Zoning Ordinance.
Applicant Signature Date
Property Owner Signature Date
Bob Dyer - Redwood USA, LLC
E&E Investment Properties LLC
7007 East Pleasant Valley Road
Independence, OH 44131
7200 Devonshire Dr.
Kannapolis, NC 28081
330-819-3977
704 534 5340
bdyer@byredwood.com
csult@ecsent.com
5885 Davidson Highway, Concord, NC 28027
4691979698, 4691977745, 5601077513
3
19.713
To allow the use of multi-family attached dwellings between 3-6 DUA.
Maximum 4 DUA with attached
garages, and 2 car driveways. Private guest/visitor parking and private alley roads to
be proposed as shown.
11/3/20
CD - Campus Development
RC-CZ - Residential Compact Conditional Zoning
click to sign
signature
click to edit
click to sign
signature
click to edit
KANNAPOLIS, NC | ILLUSTRATIVE SITE PLAN | NOV 5
DAVIDSON HIGHWAY
A
PRIVATE ALLEY A
KANNAPOLIS PARKWAY
B
C
D
E
F
G
H
J
K
L
M
N
PRIVATE ALLEY C
PRIVATE ALLEY B
30’ STREAM BUFFER
WET POND
VISITOR PARKING
MAIL KIOSK
Page 1 of 1
COMMUNITY MEETING SIGN-IN SHEET
Project: Redwood Davidson Highway Meeting Date: 11/11/2020 @ 6:30 p.m.
Facilitator: Redwood Living Place/Room: MSFT TEAMS MTG
Name Title Company Phone Fax E-Mail
NOTES:
1) Chip Mark – Chip.markrealestateadvisors.com - Chip called on 11/6/20. Chip is owner or owner’s rep
(was told he was owner) of the commercial development on the other side of Davidson Highway. We
believe he originally contacted the meeting organizer, Daniel Renckens. Chip was interested in our
point of access and thought that it would make the most sense for our point of access to be placed across
from Roger Dale Carter Drive. The future NCDOT plans were discussed and he was provided a site plan for
our neighborhood. He did not request an invite to the community meeting and thanked me for the
information.
2) Vanessa Miles – Vanessa.miles@allentate.com. Vanessa called on 11/11/20 and said she
is a real estate agent who represents two owners of land on Kannapolis Parkway south of Davidson Highway
that were in process of selling their land. She was instructed to find out more information regarding our
proposal. Redwood and Vanessa shared an extensive conversation regarding real estate in general
and the entitlement process in the City of Kannapolis. She requested a presentation booklet which I
emailed to her on 11/12/20.
Meeting Organizer: Daniel Renckens with Bohler Engineering
Applicant’s Signature:
Applicant: Bob Dyer with Redwood Living
3) Sign-in sheet is blank due to lack of adjacent owner attendance. Meeting notices were sent out on
11/2/2020. No requests for meeting invites were made.
AcctName1 MailAddr1 MailCity MailState MailZipCod
5775 DAVIDSON HWY LLC 559 S CEMETERY ST NORCROSS GA 30071
6001 GATEWAY LLC 1815 BACK CREEK DR CHARLOTTE NC 28213
HOWARD E COLEY 625 ST PETERS CHURCH RD GOLD HILL NC 28071
ADALINDA DIAZ 9209 PINACEAL CT CHARLOTTE NC 28215
E&E INVESTMENT PROPERTIES LLC
ATTN: ERROLL SULT
1151 BISCAYNE DR CONCORD NC 28027
THEODORE A HARAKAS 139 MATTHEWS TOWNSHP PKWY MATTHEWS NC 28105
JAMES JR & MAMIE HEGLAR 36225 FINGER RD MT PLEASANT NC 28124
HIGHWAY 73 PARKWAY LLC
C/O MPV PROPERTIES, LLC
2400 SOUTH BLVD STE 300 CHARLOTTE NC 28203
MARY A ISENHOUR 4375 CAUBLE RD MT PLEASANT NC 28124
K D 8 LLC 7432 LAMPLIGHTER CLOSE DR MATTHEWS NC 28105
KANNAPOLIS II CONDOMINIUM ASSOC. INC.
C/O TAL
103 LAKESIDE DR KATONAH NY 10536
LINDER INDUSTRIAL MACHINERY COMPANY 1601 S FRONTAGE RD PLANT CITY FL 33563
LEE ROY & HELEN MOORE 6607 INDIAN LN CHARLOTTE NC 28213
MPP GATEWAY RETAIL 2 LLC
C/O CHIP MARK
2820 SELWYN AVE STE 814 CHARLOTTE NC 28209
MPP KANNAPOLIS III LLC 605 LEXINGTON AVE STE 100 CHARLOTTE NC 28203
WHITE PARK LLC A NC LTD CO 167 CHURCH ST NE CONCORD NC 28025
REDWOOD USA, LLC
ATTN: BOB DYER
7007 EAST PLEASANT VALLEY RD INDEPENDENCE OH 44131
January 5, 2020
Dear Property Owner:
Please be advised that the City of Kannapolis Planning & Zoning Commission will conduct a Public
Hearing on Tuesday January 19, 2021 at 6:00 PM, at City Hall, located at 401 Laureate Way, for the
following case:
CZ-2020-13 – Conditional Zoning Map Amendment – 5885, 5965 & 6041 Davidson Highway
The purpose of the Public Hearing is to consider a request to rezone properties located at 5885, 5965 &
6041 Davidson Hwy from I-1 (Light Industrial) and CD (Campus Development) to City of Kannapolis RC-
CZ (Residential Compact-Conditional Zoning) to allow for a 78-unit apartment development. The subject
properties are approximately 19.713 +/- combined acres and further identified as Cabarrus County Parcel
Identification Number(s) 56010775130000, 46919796980000 and 46919777450000 (see reverse side of
this letter for a map showing the location of this property).
You are being notified because you are an abutting property owner.
NOTE: IN ORDER TO COMPLY WITH FEDERAL, STATE AND LOCAL RESTRICTIONS
IMPOSED IN RESPONSE TO THE COVID-19 VIRUS, SOCIAL DISTANCING PRACTICES
WILL BE OBSERVED DURING THIS MEETING.
Should you have any questions about the public hearing or request, please do not hesitate to call the
Planning Department at 704.920.4350.
Sincerely,
Gretchen Coperine, AICP
Assistant Planning Director
Enclosure
Anyone who requires an auxiliary aid or service for effective communication, or a modification of policies or procedures to
participate in a program, service, or activity of the City of Kannapolis, should contact the office of Tina H. Cline, Human Resource
Director, by phone at 704-920-4302 or by email at tcline@kannapolisnc.gov
as soon as possible but no later than 48 hours before
the scheduled event.
RESOLUTION TO ADOPT A STATEMENT OF CONSISTENCY
WITH REGARD TO CASE #CZ-2020-13
WHEREAS, Section 160A-383 (2013) of the North Carolina General Statutes specifies that
when adopting or rejecting any zoning amendment, the governing board shall also approve a
statement describing whether its action is consistent with an adopted comprehensive plan and
any other officially adopted plan that is applicable and explain why the action taken is
reasonable and in the public interest; and
WHEREAS, Section 3.3.4.2. of the Unified Development Ordinance delegates final authority
to the Planning and Zoning Commission on zoning map amendments subject to an affirmative
vote of three-fourths of the Commission members present and not excused from voting, or if
there is no appeal of the decision; and
WHEREAS, on January 19, 2021 the Planning and Zoning Commission conducted a public
hearing to consider a request to rezone a properties located at 5885, 5965 and 6041 Davidson
Highway (Cabarrus County Parcel Identification Number(s) 5601077513, 4691979698 and
4691977745) owned by E&E Investment Properties, LLC from City of Kannapolis Light
Industrial (I-1) and Campus Development (CD) to City of Kannapolis Residential Compact-
Conditional Zoning (RC-CZ) District Designation.
NOW, THEREFORE BE IT RESOLVED that the Planning and Zoning Commission finds
this rezoning consistent with the goals and policies of the Move Kannapolis Forward 2030
Comprehensive Plan, adopted by City Council, which designates this property as being
located in a “Suburban Activity 1” and “Employment Center” Character Areas, which
allow for multi-family development. The Commission finds the request for rezoning
reasonable and in the public interest because it allows for residential land use of a scale
appropriate for transitioning between the more intense commercial uses to the north and
the lower density single-family residential uses to the south. The proposed rezoning is
compatible with surrounding zoning and is not anticipated to have an adverse effect on the
capacity and safety of the adjacent street network, nor is anticipated to generate parking
problems or any adverse impact on the environment. Finally, the proposed development
will be adequately served by public water and sewer service.
Adopted this the 19
th
day of January 2021:
Chris Puckett, Chairman
Planning and Zoning Commission
Attest:
___________________________
Pam Scaggs, Recording Secretary
Planning and Zoning Commission
RESOLUTION TO ZONE
Case #CZ-2020-13 (5885, 5965 & 6041 Davidson Highway)
City of Kannapolis Light Industrial (I-1) and Campus Development (CD) to
City of Kannapolis Residential Compact-Conditional Zoning (RC-CZ) Zoning District
WHEREAS, Section 3.3.4.1 of the City of Kannapolis Unified Development Ordinance (UDO)
specifically delegates authority from the City Council to the Planning and Zoning Commission to take
final action on a rezoning petition; and
WHEREAS, Section 3.3.4.2.B. of the City of Kannapolis UDO subjects this authority to an affirmative
vote of three-fourths of the Commission members present and not excused from voting, or if there is no
appeal of the decision; and
WHEREAS, the Commission conducted a public hearing on January 19, 2021 for consideration of
rezoning petition Case #CZ-2020-13 as submitted to the City of Kannapolis Planning Department; and
WHEREAS, the request was to rezone property located at 5885, 5965 & 6041 Davidson Highway
(Cabarrus County Parcel Identification Number(s) 5601077513, 4691979698 and 4691977745) owned by
E&E Investment Properties, LLC from City of Kannapolis Light Industrial (I-1) and Campus
Development (CD) Zoning Districts to City of Kannapolis Residential Compact-Conditional Zoning (RC-
CZ) Zoning Designation; and
WHEREAS, the Commission has approved the request for rezoning and found it to be consistent with
the City of Kannapolis Move Kannapolis Forward, 2030 Comprehensive Plan, reasonable and in the
public interest; and
WHEREAS, per Section 3.3.5 of the Kannapolis UDO, the Planning and Zoning Commission makes the
following findings in support of and in analysis of the rezoning:
1. The size of the tract in question.
The size of the subject tracts is approximately 19.713 +/- combined acres.
2. Does the proposal conform with and further the goals and policies of the Land Use Plan,
other adopted plans, and the goals, objectives, and policies of this Ordinance?
This property is located in the “Suburban Activity 1” and Employment Center Character Areas as
designated on the “Future Land Use Map” in the Move Kannapolis Forward 2030 Comprehensive
Plan. The Suburban Activity 1 and Employment Center Characters Area includes multi-family
residential development. The proposed use is therefore in conformance with the goals and policies
of the 2030 Plan.
3. Is the proposed rezoning compatible with the surrounding area?
RESOLUTION TO ZONE (Case #CZ-2020-13)
City of Kannapolis Light Industrial (I-1) and Campus Development (CD) to
City of Kannapolis Residential Compact-Conditional Zoning (RC-CZ) Zoning District
2
The property is located on the southeast corner of Kannapolis Parkway and Davidson Highway.
Property to the north is zoned CD and is developed with commercial uses. Property to the south
is zoned Rural Estate (RE) and is developed with single family detached homes. Property to the
east is zoned I-1. Uses within the surrounding area include commercial, single-family residential,
and industrial. The proposed multi-family residential development is compatible with the
surrounding mix of uses and provides an appropriate transition between the residential and
commercial uses in the area.
4. Will there be adverse effects on the capacity or safety of the portion of street network
influenced by the rezoning?
The proposed project was not required to provide a Traffic Impact Analysis. However, the
developer, and City and NCDOT staff discussed the potential improvements to Davidson
Highway in the context of the State project for the widening of Davidson Highway. These
improvements are intended to mitigate any impacts on the roadway network from the proposed
development.
5. Will there be parking problems?
The site plan submitted with this request for rezoning includes adequate parking for the proposed
use.
6. Will there be environmental impacts that the new use will generate, such as excessive
storm water runoff, water, air or noise pollution, excessive nighttime lighting, or other
nuisances?
No environmental impacts are anticipated, and the development will be required to conform to all
applicable local, state, and federal environmental regulations. Also, the floodplain within the
southern portion of the property will not be developed.
7. Has there been any change of character in the area due to installation of public facilities,
other zone changes, new growth trends, deterioration, and development?
The area surrounding the proposed development is experiencing continued strong residential and
commercial growth.
8. Is there compliance with the adequate public facilities criteria?
There are adequate public facilities available to the property or within close proximity, which will
be extended to serve the development.
9. What are the zoning districts and existing land uses of the surrounding properties?
The property is located on the southeast corner of Kannapolis Parkway and Davidson Highway.
Property to the north is zoned CD and is developed with commercial uses. Property to the south
is zoned Rural Estate (RE) and is developed with single family detached homes. Property to the
east is zoned I-1. Uses within the surrounding area include commercial, single-family residential,
and industrial uses. The proposed multi-family residential development is compatible with the
surrounding mix of uses and provides an appropriate transition between the residential and
commercial uses in the area.
10. Is the subject property suitable for the uses to which it has been restricted under the existing
zoning classification?
The properties are currently zoned CD and I-1. A rezoning is required to develop multi-family
RESOLUTION TO ZONE (Case #CZ-2020-13)
City of Kannapolis Light Industrial (I-1) and Campus Development (CD) to
City of Kannapolis Residential Compact-Conditional Zoning (RC-CZ) Zoning District
3
apartments on the parcels.
11. Is the zoning compatible with the adjacent neighborhood, especially residential
neighborhood stability and character?
The proposed residential use is compatible with the adjacent commercial and residential
neighborhoods.
12. What length of time has the subject property remained vacant as zoned?
N/A.
13. Is there an adequate supply of land available in the subject area and the surrounding
community to accommodate the zoning and community needs?
There are parcels in the surrounding area that would be sufficient to accommodate future zoning
and community needs.
14. Was the existing zoning in error at the time of adoption?
No.
NOW, THEREFORE BE IT RESOLVED by the City of Kannapolis Planning and Zoning Commission
that the above referenced property be rezoned City of Kannapolis Residential Compact-Conditional
Zoning District (RC-CZ), subject to the following conditions:
1. The permitted uses allowed by this rezoning shall only include 78 multi-family units as generally
depicted on the site plan submitted with this rezoning.
2. A Final Site Plan, in compliance with all applicable City standards, shall be submitted to and
approved by City Staff prior to issuance of a Zoning Clearance Permit.
3. Compliance with the current Land Development Standards Manual (LDSM).
4. Final design of all road intersections on which development has access to and/or street frontage
on shall be approved by NCDOT and the City.
5. The lane widths, sidewalks, pavement structure, road alignment, and road grades for interior roads
shall be constructed in compliance with current City standards.
6. Roads and parking lots shall comply with all Fire Codes and Auto-turn shall be run for an SU-30
and Bus-45 (mimics ladder truck).
7. Streams and wetlands shall be identified by a qualified professional and all buffers shown in
accordance with Article 4 of the Kannapolis UDO. Construction of buildings, roads, and other
structures must comply with AE Zone & RSOD Buffer requirements or be relocated.
8. A Stormwater Management Permit will be required for this development in accordance with
Article 9 of the Kannapolis UDO. Easements, maintenance agreements and viable access shall be
provided for all stormwater structures and SCM’s. Stormwater SCM’s cannot be constructed in
the undisturbed buffer. Additional requirements are necessary to verify design of SCM within AE
Zone
9. Water and sewer main extensions will be required for this project. The developer shall be
responsible for designing, permitting and constructing water and sewer mains in accordance with
City and WSACC standards.
10. All water and sewer mains shall be publicly maintained and located within a public right-of-way
or utility easement. The water and sewer mains shall be located in the roadway under the pavement
per the City’s Typical Section Utility Layout, LDSM Detail 301.
RESOLUTION TO ZONE (Case #CZ-2020-13)
City of Kannapolis Light Industrial (I-1) and Campus Development (CD) to
City of Kannapolis Residential Compact-Conditional Zoning (RC-CZ) Zoning District
4
11. Easements for Sanitary Sewer lines, Water lines and Storm Sewer pipes need to be a minimum of
20-feet wide. Additional width may be required depending on the depth of the line. Sanitary sewer
lines and storm sewer lines shall be located within Common Open Space (easements centered on
property lines shall not be permitted). Viable access shall be provided along all easements with a
grade no greater than 15% for maintenance vehicles and cross slopes shall not exceed 5%.
12. The Fire Department shall approve locations of all hydrants.
13. Fire apparatus access roads shall remain open at all times.
Adopted this the 19
th
day of January 2021:
Chris Puckett, Chairman
Planning and Zoning Commission
Attest:
________________________________
Pam Scaggs, Recording Secretary
Planning and Zoning Commission
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CZ 2020 13 Packet (City of Kannapolis)

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Completed 23 January 2021

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