agenda planning commission monday, june 24, 2019€¦ · 24-06-2019 · located on the south side...

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AGENDA PLANNING COMMISSION Monday, June 24, 2019

I. Approval of Minutes – May 28, 2019

II. BOARD OF ADJUSTMENT PUBLIC HEARING All persons interested in speaking regarding this case must be sworn in prior to presenting their comments.

a. A‐3‐19 103 Jonathans Place – Variance Request – Subject property is located on the North side of Sheridan Forest Road between Teresas Way and Amandas Way. The applicant is requesting a variance of the City requirement that all accessory structures associated with single‐family and two‐family homes be located in the rear yard. The applicant is also requesting a variance of the R‐20A (Residential) side yard setback requirement from 20 ft. to approximately 15 ft.

III. PLANNING COMMISSION ITEMS

A. UDO Text Amendments

a. UDO‐2‐19 Microbreweries ‐ Proposed changes are to reflect the addition of Microbreweries as a permitted use within the Central Business District, General Business District, Shopping Center District and the Highway Business zoning district.

b. UDO‐3‐19 Repair by Neglect ‐ Proposed changes are to consider

changing the name of the program to Order to Repair and update program standards.

B. Rezonings

a. Z‐11‐19 Joyful Play Childcare ‐ Subject property is located on the East side of Barrow Court between E. Ash Street and Carol Street. Applicant is requesting a zoning change for a portion of the property from R‐16 (Residential) to GBCD (General Business Conditional District) in conjunction with site plan approval to allow the operation of a child daycare.

b. Z‐12‐19 Johnnie Jordan Coley’s Internet Café – Subject property is located on the South side of Arrington Bridge Road between Bill Lane Boulevard and Casey Mill Road. Applicant is requesting a zoning change for property located at 1462 Arrington Bridge Road from

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Neighborhood Business to General Business Conditional District (GBCD) for an electronic gaming operation (internet café).

c. Z‐13‐19 Dewey Street Properties, LLC. ‐ Subject properties are located on the North side of W. Grantham Street between Hargrove Street and Jordan Boulevard. Applicant is requesting a zoning change for two individual properties located at 1211 and 1203 W. Grantham Street from General Business (GB) to Highway Business (HB).

C. Site Plans

a. SITE‐10‐19 Pride Carwash Site and Landscape Plan ‐ Subject properties are located on the south side of Berkeley Boulevard between Cashwell Drive and Langston Drive.

D. Subdivision Plans

a. S‐2‐19 Lane Tree Lot 78

E. Street Closing

a. Titleist Drive

IV. UPCOMING MEETING ITEMS

A. Rezonings

a. Z‐14‐19 Fallin Blvd Lot 6A

b. Z‐15‐19 Fallin Blvd Lot 4

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Planning Commission Minutes May 28, 2019

The Goldsboro Planning Commission met in regular session on Monday, May 28, 2019, at 7:00 p. m., in the Council Chambers, City Hall. The following members were present or absent.

Present: Mr. Boyette Mr. Swindell Mr. Walston Mr. Waters

Absent: Ms. Barnett Mr. Slater

Also Attending: Ms. Jennifer Collins, Planning Director Mr. Kenny Talton, Zoning Administrator Ms. Debra Creighton, Secretary

Minutes – April 29, 2019

Mr. Swindell moved that the Commission’s minutes of April 29, 2019 be approved with no corrections, additions or deletions. Mr. Waters seconded the motion and the motion carried.

A. Rezonings

a. Z‐10‐19 Chandu R. Patel ‐ Located on the west side of Wayne Memorial Drive between New Hope Road and Windsor Creek Parkway

Ms. Collins indicated the location of the request and displayed a zoning map showing the subject property. Photographs of the site were displayed. Ms. Collins said the applicant requests a zoning change from Residential 16 (R‐16) to General Business District (GB). The site consists of two tracts of approximately 1.34 acres. Ms. Collins said the applicant requests a zoning change to build a small strip center per his statement to the City Council at the public hearing.

Surrounding zoning districts were pointed out and Ms. Collins said that the City’s Comprehensive Land Use recommends Mixed Use development for the property. Ms. Collins said the applicant has not indicated future development of the property. Ms. Collins said even though not entirely compliant with the recommendation of the City’s adopted Comprehensive Land Use Plan, the proposed rezoning would allow a multitude of uses if zoned General Business. At the public hearing held on May 20, 2019, two people spoke in favor of the request and no one spoke against the request.

Ms. Collins said that all property owners residing with 100 ft. of the subject property were notified of the change of zone public hearing by mail. In addition, signs were

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placed on the property indicating that a public hearing for a zoning change was scheduled.

Mr. Boyette said the General Business zoning is too broad in the types of uses permitted. Mr. Boyette recommended changing the zoning request to Neighborhood Business (NB) to be compatible with the surrounding residential, office and institutional zoning.

Mr. Swindell moved that the Commission recommend approval of the rezoning request by modifying the General Business (GB) rezoning request to Neighborhood Business (NB). Mr. Waters seconded the motion.

B. Conditional Use Permit

a. CU‐6‐19 Penske ‐ Located on the North side of W. US 70 HWY. between Hargrove and Nevels Street

Ms. Collins showed the location of the request and displayed a zoning map showing the subject property. Photographs of the site were displayed. Ms. Collins said the proposal is to allow the operation of a truck rental, leasing and sales center with outside storage.

Ms. Collins said the proposed truck rental, leasing and sales with outside storage is a permitted use in the I‐2 (General Industry) zoning district only after the issuance of a Conditional Use Permit approved by City Council.

Ms. Collins said the applicant is requesting the following modifications:

1. Modification of the City’s landscape buffer requirement along portions of the western and northern property lines.

2. Modification of the street tree requirement along a portion of Hargrove and Collier Streets.

3. Modification of the eight (8) ft. in height fencing requirement for outside storage areas to six (6) ft.

Ms. Collins said at the public hearing held on May 20, 2019, no one spoke for or against of this request.

Ms. Collins said that all property owners residing with 100 ft. of the subject property were notified of the conditional use public hearing by mail. In addition, signs were placed on the property indicating that a public hearing for a conditional use request was scheduled.

Mr. Swindell moved that the Commission recommend approval of the conditional use permit request for a truck rental, leasing and sales center with outside storage

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with modifications to the landscaping and parking requirements, as well as to the fence height requirement for outside storage. Mr. Waters seconded the motion.

b. CU‐7‐19 WhoopAxe, LLC ‐ Located on the north side of E. Ash Street between Durant Street and Ridgewood Drive.

Ms. Collins showed the location of the request and displayed a zoning map showing the subject property. Photographs of the site were displayed. Ms. Collins said the proposal is to allow the operation of an indoor hatchet‐throwing facility with ABC for Brown Bagging.

Ms. Collins said the applicant is requesting an amendment to a previously approved Conditional Use Permit. City Council, at their meeting held April 1, 2019, approved a Conditional Use Permit for a place of entertainment without ABC for a hatchet‐throwing

facility within the Ash Street Shopping Center located at 2305 E. Ash Street. Ms. Collins said the applicant requests to operate the indoor competitive axe and hatchet‐throwing facility within the existing commercial strip center to allow customers the option of brown bagging at this facility. Ms. Collins said the brown bagging would be limited to a 6‐pack of beer or 1‐bottle of wine per customer.

Ms. Collins said the applicant is requesting Modification of the separation distance

requirement between residentially zoned and/or developed properties and/or church.

Ms. Collins said at the public hearing held on May 20, 2019, the applicant spoke in favor of the request and no one person spoke against of the request.

Ms. Collins said that all property owners residing with 100 ft. of the subject property were notified of the conditional use public hearing by mail. In addition, signs were placed on the property indicating that a public hearing for a conditional use permit was scheduled.

Much of the Commission discussion centered on limiting the hours available to the Brown‐bagging to the listed hours of operation with any changes requiring to be brought back to the Commission and City Council for approval.

Mr. Walston moved that the Commission recommend approval of the conditional

use permit request for the operation of an indoor hatchet‐throwing facility with ABC

for Brown Bagging with the modification of the separation distance requirement

between residentially zoned and/or developed properties and/or church provided the

hours of operation to be limited as follows:

Days/hours of Operation:

Thursdays 6:00pm – 9:00pm

Fridays 6:00pm – 10:00pm

Saturdays 4:00pm – 10:00pm

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Mr. Waters seconded the motion.

C. Site Plans

a. SITE‐5‐19 Rashed LLC. ‐ Site and Landscape Plans for Convenient Mart Proposed Canopy and Gas Pumps ‐ Located on the north side of W. Ash Street between N. Alabama Avenue and N. Carolina Street

Mr. Talton showed the location and displayed the proposed site plan of the request. Photographs of the site were displayed. Mr. Talton said the site is a convenience store without gas sales. Mr. Talton said this request is for the addition of a gas canopy and pumps to the convenience store. Mr. Talton said the applicant is requesting a modification to the side yard setback requirement from 15 feet to 3 feet as this is an existing site. Mr. Talton said the applicant is also requesting a modification to the interconnectivity requirements as the property is surrounded by two railroad tracks.

Mr. Swindell moved that the Commission recommend approval of the site plan as submitted with the modifications to the side yard setback and interconnectivity requirements. Mr. Waters seconded the motion.

b. SITE‐8‐19 Wayne Community College – Site and Landscape Plans for Wayne Community College Automotive and Collision Repair Building and Parking Lot Modifications ‐ Located on the east side of Wayne Memorial Drive between Cox Boulevard and New Hope Road.

Mr. Talton showed the location and displayed the proposed site plan of the request. Photographs of the site were displayed. Mr. Talton said the submitted site plan indicates a two‐story, 34,789 sq. ft. building of metal framed construction proposed for use as an automotive and collision repair building. Mr. Talton said the applicant is requesting modifications of the smaller parking lot for areas of more than 50 parking spaces. Mr. Talton said the applicant is also requesting modification of the landscaped islands when parking rows exceed 15 spaces.

Mr. Swindell moved that the Commission recommend approval of the site plan with the modifications to the parking lot and landscaped parking lot islands. Mr. Waters seconded the motion.

D. Upcoming Meeting Items.

A. Board of Adjustment – 103 Johnathan’s Place

B. UDO Text Amendments

a. UDO‐2‐19 Brewery/Microbrewery

b. UDO‐3‐19 Demo by Neglect

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C. Rezonings

a. Z‐11‐19 Joyful Play Childcare

b. Z‐12‐19 Johnnies Internet Café

c. Z‐13‐19 Dewey Street Properties

There being no further business, the meeting was adjourned at 8:01 p.m.

______________________________ Debra Creighton, Secretary Goldsboro Planning Commission

Approved: __________________

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DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT MEMORANDUM

TO: BOARD OF ADJUSTMENT MEMBERS

FROM: KENNETH K. TALTON, ZONING ADMINISTRATOR

DATE: JUNE 24, 2019

RE: A‐3‐19 JUSTIN ARNOLD‐SUBJECT PROPERTY IS LOCATED ON THE NORTH

SIDE OF SHERIDAN FOREST ROAD BETWEEN TERESAS WAY AND AMANDAS

WAY

The property is located on the north side of Sheridan Forest Road between Teresas Way and Amandas Way. The Wayne County Tax Identification No. is 3527‐09‐7186. The property is located on a residential cul‐de‐sac and has a total frontage of 114 ft. along Johnathan’s Place and a total area of approximately 20,738 sq. ft. or .47 acres. The applicant is requesting two variances. First, the applicant is requesting a variance of the City requirement that all accessory structures associated with single‐family and two‐family homes be located in the rear yard. Second, the applicant is requesting a variance of the R‐20A (Residential) side yard setback requirement from 20 ft. to approximately 15 ft. The Board of Adjustment cannot act on the second variance request unless the first variance request is approved. As stipulated in the North Carolina General Statutes Section 160A‐388(d) Variances:

“When unnecessary hardships would result from carrying out the strict letter of a zoning ordinance, the Board of Adjustment shall vary any of the provisions of the ordinance upon a showing of all of the following:

(1) Unnecessary hardship would result from the strict application of the ordinance. It shall not be necessary to demonstrate that, in the absence of the variance, no reasonable use can be made of the property.

(2) The hardship results from conditions that are peculiar to the property, such as location, size, or topography. Hardships resulting from conditions that are common to the neighborhood or the general public, may not be basis for granting a variance.

(3) The hardship did not result from actions taken by the applicant or the property owner. The act of purchasing property with knowledge that circumstances exist that may justify the granting of a variance shall not be regarded as a self‐created hardship.

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(4) The requested variance is consistent with the spirit, purpose, and intent of the ordinance, such that public safety is secured, and substantial justice is achieved.

FINDINGS AND RECOMMENDATIONS

The subject property is located at 103 Johnathans Place, Goldsboro, North Carolina. The subject property is located outside of Goldsboro City limits and within the City’s one‐mile extra‐territorial jurisdiction. City water and sewer services are not available to serve the property. The home and lot are located in an R‐20A (Residential) zoning district. The applicant proposes to install an in‐ground swimming pool within the side yard of his single‐family dwelling adjacent to the northern property line. (See App. A) Limited space exists to locate an in‐ground swimming pool (14 ft. by 32 ft.) in the rear yard of the applicant’s property due to the location of an existing on‐site wastewater septic system. (See App. B, pg. 3) An existing on‐site wastewater septic system was approved for subject property by Wayne County’s Environmental Health Department on October 13, 2009. (See App. B, pg. 2) On‐site wastewater septic systems were approved by Wayne County’s Environmental Health Department for other properties in proximity to subject property and are listed as follows:

102 Johnathans Place; Wayne Co. Parcel Id#: 3527‐09‐5245 (See App. B, pg. 8)

104 Johnathans Place; Wayne Co. Parcel Id#: 3527‐09‐6326 (See App. B, pg. 11)

100 Johnathans Place; Wayne Co. Parcel Id#: 3527‐09‐5110 (See App. B, pg. 16 According to the City’s Unified Development Code, Article 5, Section 5.2.8, accessory structures are permitted in residential zoning districts and are subject to the following requirements:

1) No accessory structure shall be located less than five (5) feet from the exterior wall of the principle structure. Structures located closer than five feet shall be considered as additions to the principle structure and shall conform to all the applicable setbacks.

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2) No accessory structure not otherwise regulated by this Ordinance shall be located within the required or established front setback or front or side yard of a single‐family or two‐family residentially developed property. All accessory buildings associated with single‐family and two‐family homes shall be located in the rear yard.

3) No accessory structure on a corner lot shall extend beyond the side building line of the principle structure.

4) No accessory structure shall be located less than five (5) ft. from the side or rear lot line or occupy more than thirty percent of the required rear yard.

The City makes the following Findings of Fact as it relates to the variance request and Section 160A‐388(d):

(1) “Unnecessary hardship would result from the strict application of the ordinance. 1st Variance Rear Yard Finding: Limited space exists in rear yard of the property for an accessory structure. 2nd Variance Side Yard Finding: Limited space exists in the side yard of the property for an accessory structure.

(2) The hardship results from conditions that are peculiar to the property, such as location, size, or topography. Hardships resulting from conditions that are common to the neighborhood or the general public may not be basis for granting the variance. 1st Variance Rear Yard Finding: The hardship results from conditions that are peculiar to the property and are not common to the neighborhood. 2nd Variance Side Yard Finding: The hardship results from conditions that are peculiar to the property and are not common to the neighborhood.

(3) The hardship did not result from actions taken by the applicant or the property owner. The act of purchasing property with knowledge that circumstances exist that may justify the granting of a variance shall not be regarded as a self‐created hardship.

1st Variance Rear Yard Finding: The hardship does not result from actions taken by the property owner. 2nd Variance Side Yard Finding: The hardship does not result from actions taken by the property owner.

(4) The requested variance is consistent with the spirit, purpose, and intent of the

ordinance, such that public safety is secured, and substantial justice is achieved."

1st Variance Rear Yard Finding: The requested variance is consistent with the spirit,

purpose and intent of the ordinance, such that public safety is secured, and

substantial justice is achieved.

2nd Variance Side Yard Finding: The requested variance is consistent with the spirit,

purpose and intent of the ordinance, such that public safety is secured, and

substantial justice is achieved.

Recommendation: Based on the above findings, the City of Goldsboro's Board of

Adjustment recommends .............. . .

1st Variance: Grant/Deny a variance of the City's requirement

that all accessory structures associated with single-family and two-family homes be

located in the rear yard;

If 1st Variance request is granted, then the Board of Adjustment shall proceed

to 2nd Variance request. If 1st Variance request is denied, then the applicant

cannot proceed forward with the 2nd Variance request.

2nd Variance: Grant/Deny a variance of the City's side yard

setback from 20ft. to approximately 15ft. to allow the construction of an in- round

swimming pool (accessory structure) in the side yard of the principal r

�G£CZ,; Jenmfer Col

Planning Director

Kenneth K. Talton

Zoning Administrator

Page 4 of 4

SHERIDAN FOREST RD

CARO

LINE

LN

JOHN

ATHA

NS P

L

TERE

SAS

WAY

100 0 10050 Feet

A - 3 - 19103 JOHNATHANS PLACE

.

The data represented on this map has been compiled by the best methods available. Accuracy is contingent upon the source information as compiled by various agencies and departments both internal andexternal to the City of Goldsboro, NC. Users of the data representedon this map are hereby notified that the primary information sourcesshould be consulted for verification of the information contained herein. The City of Goldsboro and the companies contracted to develop these data assume no legal responsibilities for the information or accuracy contained on this map. It is strictly forbidden to sell or reproduce these maps or data for any reason without the written consent of the City of Goldsboro.

Applicant: Justin ArnoldParcel #: 3507-62-2500Location: 103 Johnathan's PlaceRequest: Accessory in side yard - Swimming Pool

VARIANCE APPLICATION

108'

175'

159'

160'

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Item _______

CITY OF GOLDSBORO AGENDA MEMORANDUM

JULY 15, 2019 COUNCIL MEETING

SUBJECT: PUBLIC HEARING UDO‐2‐19 Microbreweries ‐ Unified Development Ordinance Amendments BACKGROUND: The City Council adopted the Unified Development Ordinance on April 4, 2005, which replaced existing land development regulations for the City of Goldsboro and its extraterritorial jurisdiction.

Since that time, the UDO has been amended, over the years, to address a number of minor text corrections and major changes as directed by the Council.

Currently, a number of proposed changes for consideration are “Minor Text Amendments” to Sections within the UDO under Section 5.0 Zoning and Section 9.0 Definitions as follows:

Section 5.4 Table of Permitted Uses; Section 5.5 Supplemental Use Regulation; and Section 9.2 Definitions.

Proposed changes are to reflect the addition of Microbreweries as a permitted use within the Central Business District, General Business District, Shopping Center District and the Highway Business zoning district.

DISCUSSION: A Notice of Public Hearing listing all the Sections of the UDO

under consideration for amendment was advertised for two consecutive weeks in the newspaper and posted on the City’s website for review.

Minor changes, which are included for possible amendment include:

1. Amending Section 5.4 Table of Permitted Uses by adding Microbreweries as a conditional use in the same Business/Personal Services as Bars, nightclubs, pool halls, places of entertainment with an ABC permit, bowling alleys, and miniature golf facilities;

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2. Amending Section 5.5 Supplemental Use Regulations by adding to Subsection 5.5.4 Special and Conditional Use Specific Regulations to include Microbreweries and editing the Central Business District Exceptions as it pertains to Bars, Nightclubs, Pool Halls, Places of Entertainment (both public and private and for profit) – ABC Permit regulations as follows; and

3. Amending Section 9.0 Definitions by including within Subsection 9.2 Definitions a definition of Microbrewery.

At the public hearing held on June 17, 2019, one individual questioned the need for additional places of entertainment with ABC permits. No one came forward to speak against the request.

RECOMMENDATION: No action necessary. The Planning Commission will have a recommendation for the Council's meeting on July 15, 2019. Date: _____________________ ____________________________________ Planning Director Date: _____________________ ____________________________________ City Manager

SUBJECT:

BACKGROUND:

DISCUSSION:

Item __ _

CITY OF GOLDSBORO

AGENDA MEMORANDUM


PUBLIC HEARING

UD0-3-19 Repair by Neglect Unified Development

Ordinance Amendments

The City Council adopted the Unified Development

Ordinance on April 4, 2005, which replaced existing land

development regulations for the City of Goldsboro and its

extraterritorial jurisdiction.

Since that time, the UDO has been amended, over the years, to

address a number of minor text corrections and major changes

as directed by the Council.

Currently, a number of proposed changes for consideration are

"Minor Text Amendments" to a Section within the UDO under

Article 5.0 Zoning as follows:

• Section 5.11 Demolition by Neglect

Proposed changes are to consider changing the name of the

program to Order to Repair and update program standards.

A Notice of Public Hearing listing all the Sections of the UDO

under consideration for amendment was advertised for two

consecutive weeks in the newspaper and posted on the City's

website for review.

Minor changes, which are included for possible amendment

include:

1. Amending Section 5.11 Demolition by Neglect by

renaming to Order to Repair;

2. Amending Section 5.11.1 Standards by including

additional standards;

3. Amending Section 5.11.2 Review Authority by including

Planning Director as having the authority to assure

compliance of the ordinance;

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RECOMMENDATION:

4. Amending Section 5.11.3 Petition and Action by adding

minor language regarding the inspection process for

Order to Repair;

5. Amending Section 5.11.4 Safeguards from Undue

Economic Hardship by adding minor language regarding

the hardship filing process;

6. Amending Section 5.11.5 Committee's Actions on

Demolition by Neglect Claims by renaming to

Committee's Actions on Order to Repair Claims and

adding minor language regarding the Committee's

process to making a finding of undue or no undue

economic hardship; and

7 . Addition o f Section 5.11.8 Penalties and Remedies by

adding language that indicate enforcement options by

the City.

At the public hearing held on June 17, 2019, three individuals

spoke against the request citing clarification of the Planning

Director's role in the review authority of the ordinance and

reference to General Statue 160A-439.1 as it pertains to

receivership authority of a City Employee.

The Planning Commission, at their meeting held on June 24, 2019

recommended ..... .

By motion, accept the recommendation of the Planning

Commission and ..... .

Date: __________________ __

Planning Director

Date: --------------------

City Manager

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NOTICE OF PUBLIC HEARING

BEFORE THE CITY COUNCIL AND THE PLANNING COMMISSION

OF THE CITY OF GOLDSBORO, NORTH CAROLINA

TO CONSIDER CHANGES AND AMENDMENTS TO

THE UNIFIED DEVELOPMENT ORDINANCE

OF THE CITY OF GOLDSBORO CODE OF ORDINANCES

Notice is hereby given that a public hearing will be held before the City Council and the

Planning Commission of the City of Goldsboro on Monday, June 17, 2019, at 7:00 p. m., in the

Council Chambers, City Hall, 214 North Center Street, Goldsboro, North Carolina, to consider

certain changes and amendments to the Unified Development Ordinance of the Goldsboro

Code of Ordinances.

The following Sections of the Unified Development Ordinance under consideration for

amendment are as follows:

Article 5.11- Demolition by Neglect- Updated standards

The full text amendment may be reviewed in the Office of Planning and Community

Development located at 200 North Center Street, Goldsboro, North Carolina, between the

hours of 8:00 a. m. and 5:00 p. m., Monday through Friday.

All interested persons are invited to attend this public hearing and to be heard. If you plan to

attend and require an interpreter, please contact the City Manager's office at City Hall at least

four (4) days prior to the hearing.

PUBLISH: May 30,2019

June 6, 2019

..

�'r.uoQ� MellSS apps, City Clerk

Ronald T. lawrence, City Attorney

5.11

1.

Demolition by Neglect Order to Repair

STANDARDS

The exterior features of any building or structure located within the corporate limits of the City of Goldsboro shall be preserved by the owner and/ or parties in interest against decay, deterioration and structural defects. The owner and/ or parties in interest shall upon written request of the City repair such exterior features if they are found to be deteriorating, or if their condition is contributing to deterioration, including but not limited to, any of the following defects: a. Deterioration of exterior walls, foundations, flooring, parapet walls, roofs,

beams, chimneys and either horizontal or vertical load bearing supports that causes leaning, sagging, splitting, listing or buckling;

b. Ineffective waterproofing of exterior walls, roofs and foundations, including broken windows/doors, failed paint, leaking roofing, decayed brickwork or failed siding materials;

c. Rotting, holes and other forms of decay; d. Damages caused by fire or other calamity; e. Deterioration of exterior stairs, porches, handrails, window/ door frames,

cornices, entablatures, wall facings or other architectural details that causes delaminating, instability, loss of shape or crumbling;

f. Deterioration of fences, gates, garden walls or accessory structures; g. Deterioration of any exterior feature that creates or permits a hazardous or

unsafe condition to life, heal or other property. h. Boarded up windows and street barricades are allowed in the

do"' A: to Wft redevelopmetH dist:rfet Central Business District and Historic Di trict only as follows: 1. Emergency approvals granted by the Chief Building Inspector for

unsecured buildings not exceeding 30 days. 2. Projects that have a valid building permit and are making

substantial progress towards removing the boarded up windows and permanently securing the building.

3. Windows or boarded up doors shall obtain building permits within 30 days to secure and repair the structure. The Hardship Review Committee may extend this deadline if a hardship is demonstrated. Any extensions beyond 30 days issued by the Hardship Review Committee shall require the boarded up windows or doors to be painted a similar color to the remaining exterior fac;:ade.

4. Windows and doors may be boarded up to secure any building damaged by a hurricane or other calamity. Repairs to �emedy the structure shall commence within 30 days of the building receiving damage or as other wise specified by this ordinance.

1. Deterioration of flooring or floor supports, roofs, or other horizontal members that causes leaning, sagging, splitting, listing, or buckling.

J· Deterioration of external chimneys that causes leaning, sagging, splitting, listing, or buckling.

k Deterioration of crumbling exterior plasters or mortars.

I. Defective protection or lack of weather protection for exterior wall and roof coverings, including lack of paint, or weathering due to lack of paint or other protective covering

m Heaving, subsidence, or cracking of sidewalks, steps or pathways n. Deterioration that has a detrimental effect upon the special character of a

district as a whole or the unique attributes and character of the district.

2. REVIEW AUTHORITY Authority to assure compliance with the standards set forth above is vested with the Planning Director and the Chief Building Inspector or his/her designee.

3. PETITION AND ACTION Property owners or other concerned parties,.wh:ieh m:ay indt�de btit Hot be l:tm:ited to a City em:ployee, may ftle a petition listing the specific defects with the Plannin Director or Chief Building Inspector no earlier than six months after the ado cion of this ordinance. The petition shall request.iftg that� the Director or Inspector act to require the correction of the deterioration or the making of repairs. The Director or ChiefButlding Inspector will use the six-month timeframe to systematically inspect these dowHtowH dist:riets buildings and/or structures 'thin the corporate limits of the City of Goldsboro and contact property owners to notify them of any violations. Correction or repairs will be required under the following procedures:

1. Whenever a petition is ftled with the Ianning Director or Chief Building Inspector that a building or structure is undergoing demolition by neglect, the Director, Inspector, 'G a d ignated e t shall, if his or her preliminary investigation discovers a basis for such charges, within fifteen days issue and cause to be served upon the owner and/ or uch other person who may have l al possession, c tod) , and control thereof, as the same by be determin d by reasonable diligence parties in interest a complaint stating:

o The charges in tha r pect and containing a notice that a hearing will be held before the Planning Director or Chief Building Inspector in City Hall, not less than ten nor more than thirty days after the serving of such complaint;

o That the owner and/ or parties of interest shall be given a right to answer and give testimony;

o That the Hardship Review Committee, as defined in this Ordinance, shall also be given notice of the hearing; and

o That the rules of evidence prevailing in courts of law or equity shall not be controlling in hearing before the Director or Inspector.

2. The purpose of the hearing is to receive evidence concerning the charge of deterioration and to ascertain whether the owner and/ or other parties in interest wishes to petition the Hardship Review Committee for a dem:olitioH by Hegleet aHa to eoHsider aHy claim of undue economic hardship m:ade by the o Wfter !.l:ftd/or other parties of interest.

3. Within 15 days after such notice and hearing, the Planning Director or Chief Building Inspector determines that the building or structure is undergoing demolition by neglect because it is deteriorating, or if its condition is contributing to deterioration, according to the standards listed in this Section, the Director or Inspector shall state in writing the findings of fact in support of such determination and shall issue and cause to be

served upon the owner and/ or parties in interest an order to repair within the time specified, those elements of the building or structure that are deteriorating, contributing to deterioration or deteriorated.

4. Complaints or orders issued by the Planning Director or Chief Building Inspector shall be served upon persons either personally, or by registered or certified mail. If after using reasonable diligence the whereabouts of such persons remains unknown or they have refused to accept service by certified or registered mail, the Director or Chief Bl:lildffig Inspector shall make an affidavit to that effect, stating the steps taken to determine and locate the persons in interest, then the serving of such Chief Bl:lildtng lHspeet:or shaH serve !:he complaint or order may be made by publishing the same once each week for two consecutive weeks in a newspaper generally circulated within the City. Where such service is by publication, a notice of pending proceedings shall be posted in a conspicuous place on the premises thereby affected.

5. Failure on the part of any owner and/ or parties of interest to receive or have served upon him any complaint, notice or order herein provided for, shall not affect or invalidate the proceedings with respect to any other owner or parties in interest or any other person.

6. In the event that the owner and/ or other parties in interest wish to petition for a claim of undue economic hardship, the Plan · g Director or Chief Building Inspector's order shill be stayed until after the Hardship Review Committee's determination of such economic hardship. All claims of undue economic hardship shall be made within 15 days of the issuance of the order to repair the building or structure.

4. SAFEGUARDS FROM UNDUE ECONOMIC HARDSHIP a When a claim of undue economic or other hardship is made, the Planning

Director or Chief Building Inspector shall notify the Hardship Review Committee, which consists of the Phmflifig Community De' elopmeftl:

ela ·o s Director, Finance Director and City Engineer, within three days following the hearing on the complaint. The Committee shall schedule a hearing on the claim within 15 days of receiving notice that a hearing is requested. The petitioner shall present the information provided under s bsection t the Committee. The Committee may require that the o er and/ or arties in interest furnish such additional information that is relev nt to its det rmination of undue economic hardship. The Committee may dire t its staff to furnish additional information as the Committee believ s is relevant. The Committee shall also state which form of financial

pro it deems relevant and necessary to a particular case. In the event that any of the required information is not reasonably available to the owner a /or parties in interest and cannot be obtained by the owner, the owner shall describe the reasons why such information cannot be obtained. Enforcement proceedings shall be stayed until the Committee makes a decision.

b. When a claim of undue economic hardship is made oWfting due to the effects of demolition by neglect, the burden of proof shall be upon the owner and/ or parties in interest to provide evidence during the hearing upon the claim, describing the circumstances of the hardship. The minimum evidence whfeh shall include for all property:

1. Nature of ownership (individual, business or nonprofit) or legal possession, custody, control, residency and a description of the building or structure;

2. Financial resources of the owner and/ or parties of interest; 3. Cost of repairs; 4. Assessed value of the land and improvements; 5. Real estate taxes for the previous two years; 6. Amount paid for the property, date of purchase and party from whom

purchased, including a description of the relationship between the owner and the person from whom the property was purchased or other means of acquisition of title, such as by gift or inheritance.

7. Annual debt service, if any for previous two years; and 8. Any listing of the property for sale or rent, price asked and offers received, if

any. 9. Proof of application status, if any, for historic tax credits as filed with the State

of North Carolina.

10. If the proper� is For income producing perty additional evidence 1s required as follows:

o Annual gross income from the propertY, for last two years; o Itemized operating and maintenance expe ses for the previous two

years, including proof that adequate and ompetent management procedures were followed;

o Annual cash flow, if any, for the previous two years.

5. COMMITTEE'S ACTIONS ON DEMOLITION BY NEGLECT ORDER TO REP AIR CLAIMS Within fifteen days of the Committee's hearing on the claim, the Committee shall make a finding of undue or no undue economic hardship and shall enter the reasons for such fmding into the record. In the event of a finding of no undue economic hardship, the Committee shall report such a finding to the Planning Director or Chief Building Inspector and the D · ector or Chief Bl:l:i:ldifig Inspector shall issue an order for such property to be repaired within the time specified.

In the event of a finding of updue economic hardship, the fmding shall ffill:)' be accompanied by a recommen ed pla reeoffiffieftdacioft to relieve the economic hardshi . This plan may include, but is not limited to, property tax relief as may be allowed der Nor -arolina law, loans or grants from the City or other public, private or non profit sources, acquisition by purchase or eminent domain, building code modific tions, changes in applicable zoning regulations or relaxation of the provisions of this Section sufficient to mitigate the undue economic hardship. The Committee shall report the fmding and plan to the Planning Director or Chief Building Inspector. The Director or Chief Bl:l:i:ldifig Inspector shall issue an order for such property to be repaired within a specified time (not to exceed six months) and according to the provisions of the recommended plan. The Hardship Review Committee may extend the deadline specified by the Director or Ch:ief Bl:l:i:ldifig Inspector if substantial progress to remedy the situation is demonstrated.

6. APPEALS Findings made by 6f the Planning Director, Chief Building Inspector or Hardship Review Committee may be appealed to the Board of Adjustment in accordance with the procedures found in Section 32.326 of the City of Goldsboro bity Code of Ordinances. The aggrieved party must file the application for an appeal within ten days following the receipt of the order for repair of the property or the determination. All appeals shall be in the nature of certiorari.

7. OTHER CITY POWERS

Nothing contained within this Section shall diminish the City's power to declare a building unsafe or in violation of the minimum housing ordinance.

8. PENALTIES AND REMEDIES Enforcement of this Section may be by any one (1) or more of the following methods, and the institution of any action under any of these methods shall not relieve any party from any other civil or criminal proceeding prescribed for violations and prohibitions. a. Equitable Remedy

The City may apply for any appropriate equitab e remedy to enforce the provisions of this Section.

b. Order of Abatement The City may apply for and the ourt may enter an order of abatement. An order of abatement may dire tha.t improvements r pairs be made, or that any other action be taken 1at i necessary to bring tH roperty into compliance with this Secti . Whenever the party is cit for contempt by the court and the City executed th o der of ab ement, the Ci shall have a lien, in the nature of a mechanic's and m teti n's, on the property or the cost of executing the rder of abatement.

c. Civil Penalty No civil penalty s all be 1 vied unless an ntil the Planning Department or Inspections Depar ent shaH eli er a writt notice by personal service or by reg:i d mail or by ertified mail) return rece1 requested, to the person respon "ble for each vi lation indicatin th natur of the violation and ordering corrective ction. The notic 1all also se orth the time period when corrective m sure must b completed. The notice shall state that failure to c re t the vi lation within e specified time period will result in the asse en f civil p alties an other enforcement action. If after the allotted time pe · od has exp and afte the hearing of an appeal, if any by the Board of djustment, correctiv ction has not been completed, a civil penalty shall be as ss din amount of one hundred dollars ($100.00) per day of continuing viola ·on.

d. Any pe alt , fines r fe�s may be waived or reduced at the discretion of the Planning irector IF the property owner or other responsible party for the repairs thereof have substantially [herein "substantially" or "substantial" as to rer.airs m ns that seventy-five percent (75%) or more of the repairs that were r.re iou ly ordered to be made have been so made] been accomplished.

e. I enaltie , fmes and/ or fees total Three Thousand Dollars ($3,000.00) or more AND the property has not been substantially improved/ repaired pursuant to the order, then at the discretion of the Planning Director any other legal remedies available to the City of Goldsboro may be implemented/pursued; including but not limited to those contained in N.C.G.S. §160A-439.1.

of 4

Item_________



SUBJECT: PUBLIC HEARING Z‐11‐19 – (Joyful Play Childcare and Preschool) Subject property is located on the East side of Barrow Court between E. Ash Street and Carol Street.

Applicant is requesting a zoning change for a portion of the property from R‐16 (Residential) to GBCD (General Business Conditional District) in conjunction with site plan approval to allow the operation of a child daycare.

BACKGROUND: The property is zoned residential and is currently occupied by a single‐family dwelling.

Frontage: 110 ft. (E. Ash Street) 420 ft. (Barrow Court)

Area: 47,981 sq. ft. or 1.10 acres

Zone: Residential (R‐16)

DISCUSSION: As previously stated, the applicant proposes to rezone a portion of the property from R‐16 (Residential) to General Business Conditional District (GBCD) for the operation of a child daycare. Site and landscape plans have been submitted for separate approval.

Tract One: (Existing Single‐Family Dwelling)

110 ft. (E. Ash Street) 158.98 (Barrow Court) Area: 17,522 sq. ft. or 0.402 acres Tract Two: (Proposed Daycare)

276.87 ft. (Barrow Court) Area: 30,459 or 0.699 acres

Surrounding Zones: North: General Business (GB); South: Office and Institutional (O&I‐1); East: Residential (R‐16); Neighborhood Business (NB) West: R‐16 (Residential)

of 4

The submitted site plan indicates a 5,376 sq. ft. building of modular construction and meeting the requirements of the North Carolina State Building Code.

Days/Hours of Operation: Monday‐Sunday: 6:30am‐11pm

Teachers/Staff: 8

Children: The applicant is seeking state licensing for 115 children.

Access and Parking: The site will be served by two, 24 ft. wide driveway cuts off Barrow Court and Carol Street. Since Barrow Court is an unimproved City street, the applicant is proposing to pave approximately 100 linear ft. or 2,200 sq. ft. in order to provide approved access to the site. Street improvements must meet City Engineering standards.

A paved and striped parking lot is shown directly east of the daycare. Child daycares require one parking space per 300 sq. ft. of gross floor area, plus an unloading and loading area capable of stacking 4 vehicles.

A total of 14 parking spaces have been provided to include 1 handicap accessible parking space. In addition, 4 spaces for loading and unloading are shown at the front entrance of the proposed daycare. The applicant is requesting a modification of required parking from 22 to 18 spaces. Applicant states that the daycare’s client base has varied working hours utilizing daytime and nighttime childcare services and that the required amount of parking spaces is more than sufficient for the proposed use.

Building Elevations: Exterior construction materials shall consist of hardy plank siding, vinyl windows and roofing comprised of a rubber membrane with a flat‐roof pitch.

Outdoor Play Area: In accordance with state daycare licensing requirements, day care centers shall provide an outdoor play area of at least seventy‐five (75) square feet for each child. The submitted site plan shows an outdoor play area of 8,625 sq. ft. A chain‐link fence four (4) ft. in height will surround the play area and daycare center.

Landscaping: The applicant proposes the installation of 7 Autumn Fantasy Maples to serve as required street trees

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along Barrow Court. In addition, 12 Dwarf Yaupon Hollies are proposed as the required vehicular surface buffer.

A Type A, 5 ft. wide buffer is proposed along the western, southern and eastern property lines consisting of Autumn Fantasy Maples, Arborvitaes, Chinese Loropetalums and Carissa Hollies. Snow Goose Cherries, Autumn Fantasy Maples and Dwarf Yaupon Hollies are proposed as plantings to serve the vehicular surface area.

Sidewalks and Pedestrian Access: Exterior sidewalks are not shown on the submitted site plan. Since the proposed use is for new construction, sidewalks are required.

Applicant is requesting a modification of the sidewalk requirement. If the modification is approved, a fee in lieu of will be required to be paid to the City of Goldsboro in the amount of $4,119.66 for sidewalk construction.

5 ft. wide interior sidewalks including handicap accessible ramps have been provided leading from the parking lot and outside play area into proposed building entrances.

Commercial Lighting Plan: Commercial lighting plans have not been submitted, however, staff will work with the applicant to ensure that proposed lighting is compliant with the City’s commercial lighting ordinance.

Engineering: The property is not located within a Special Flood Hazard Area. City water and sewer services are available to serve the property.

Refuse collection: An 18 ft. wide by 12 ft. wide concrete pad is shown behind the proposed daycare for two solid waste receptacles. The dumpsters will be screened in accordance with City standards.

Land‐Use Plan: The City’s Comprehensive Land‐Use Plan recommends commercial development.

Interconnectivity: Interconnectivity has been provided on the south side of the proposed parking lot.

Modifications: The applicant is requesting the following modifications:

1. Modification of parking spaces from 22 to 18.

2. Modification of exterior sidewalk construction.

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At the public hearing held on June 17, 2019, no one spoke for

or against the request.

RECOMMENDATION: No action necessary. The Planning Commission will have a recommendation for the Council meeting on July 15, 2019.

Date: _________________ _________________________________________ Planning Director

Date: _________________ _________________________________________ City Manager

REZONING REQUEST

Applicant: Joyful Play LLC Request: R-16 To GB CO Project: Oaycare and Preschool Parcel#: 3519-30-3998 Location: 2901 E Ash Street

0 200 Feet

Z-11-19

2901 EASH ST

R -16 TO GB CD

GOLDSB BE MORE DO MORE SEYMOUR

The data represented on this map has been compiled by the best methods available. Accuracy is contingent upon the source information as compiled by various agencies and departments both internal and external to the City of Goldsboro, NC. Users of the data represented on this map are hereby notifllld that the primary information sources should be consutted for verifiCation of the information contained herein. The C�y of Goldsboro and the companies contracted to develop these data assume no legal responsibilities for the information or accuracy contained on this map. It is strictly forbidden to sell or reproduce these maps or data for any reason w�hout the written consent of the C�y of

Goldsboro.

Z-11-19

2901 EASH ST

R- 16 TOGBCD

REZONING REQUEST- EXISTING ZONING

Applicant: Joyful Play LLC Request: R-16 To GB CD Project: Daycare and Preschool Parcel#: 3519-30-3998 Location: 2901 E Ash Street

200 100 0 200 Feet

BE MORE DO MORE SEYMOUR

The data represented on this map has been compiled by the best

methods available. Accuracy is contingent upon the source information as compiled by various agencies and departments both internal and external to the City of Goldsboro, NC. Users of the data represented on this map are hereby notifted that the primary information sources should be consutted for verifiCation of the information contained herein. The Ctty of Goldsboro and the companies contracted to develop these data assume no legal responsibilities for the information or accuracy contained on this map. It is strictly forbidden to sell or reproduce these maps or data for any reason wtthout the written consent of the Ctty of Goldsboro.

Z-11-19

2901 EASH ST

R - 16 TO GB CD

REZONING REQUEST- PROPOSED ZONING

Applicant: Joyful Play LLC Request: R-16 To GB CD Project: Daycare and Preschool Parcel#: 3519-30-3998 Location: 2901 E Ash Street

200 100 0 200 Feet

GeLDSB RC BE MORE DO MORE SEYMOUR

The data represented on this map has been compiled by the best methods available. Accuracy is contingent upon the source information as compiled by various agencies and departments both internal and external to the City of Goldsboro, NC. Users of the data represented on this map are hereby notified that the primary information sources should be consu�ed for verifiCation of the information contained herein. The C�y of Goldsboro and the companies contracted to develop these data assume no legal responsibilities for the information or accuracy contained on this map. It is strictly forbidden to sell or reproduce these maps or data f()( any reason w�hout the written consent of the Crty of Goldsboro.

UJSTIHG tON£ RESO£Hll4L R-16 21K»EAST ASt+STRt:ET(lfi:4Cl1) (CirY Of GC:l.OSBORO)

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Plta"'SEO ZOH£ GENERAl 8USIN£SS CflNOITIOHAL OISTRIC"f (00-CO) BA� COURT (lfi:ACT 2) (CITY or GO..OSOORO)

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TOTAL IMP£R1,1QUS AR[.O. TRACT NO. 2 • 10.J7J SQUARE fEET EXCLUCINC BUllDINC AREA

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PROPOSED DAY CARE CENTER BARROW COURT

GOLDSBORO TOWNSHIP

WAYNE COUNTY, N.C.

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JOYFUL PLAY CHILD CARE A PRE-scHOOL 211!1-B BRE'MNGTON DRI..-t:, DUDlEY, NORTH CAROliNA 25JJJ

CONTACT: TAtAIY PERKINS !ill!il-344-2961 tomm)'l)«klns.:570grnol.com

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of 4

Item_________ CITY OF GOLDSBORO

AGENDA MEMORANDUM

JUNE 17, 2019 COUNCIL MEETING

SUBJECT: PUBLIC HEARING Z‐12‐19 – (Johnnie Jordan Coley’s Internet Café) Subject property is located on the South side of Arrington Bridge Road between Bill Lane Boulevard and Casey Mill Road.

Applicant is requesting a zoning change for property located at 1462 Arrington Bridge Road from Neighborhood Business to General Business Conditional District (GBCD) for an electronic gaming operation (internet café).

BACKGROUND: Subject property was satellite annexed in August of 1989.

Since that time, it has operated as a grocery store, convenient store and restaurant.

In 2017, the property sustained extensive damage from the effects of Hurricane Matthew. Since that time, there have been no repairs or renovations made to the existing building. Currently, the building and lot are vacant and the property owner is in the process of selling the property.

Frontage: 100 ft.


Zoning: Neighborhood Business (NB)

DISCUSSION: As previously stated, the applicant proposes to rezone the subject property from Neighborhood Business (NB) to General Business Conditional District (GBCD) for an electronic gaming operation (internet café).

Surrounding Zones:

North: Residential (R‐20A);

South: Residential (R‐20A);

East: Residential (R‐20A); and

West: Residential (R‐20A)

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On May 8, 2017, Goldsboro City Council approved an ordinance amending the Unified Development Ordinance regarding electronic gaming operations within the City limits and the City’s one‐mile extraterritorial jurisdiction.

The following regulations were approved by City Council:

1. Electronic gaming operations are only permitted in the General Business (GB) zoning district.

2. No establishment shall be located within 500 ft. of any residentially zoned or developed property, church, school, day care, playground or public park.

3. No such establishment shall be located within one mile of another similar establishment.

4. The hours of operation for such operations shall be limited from 7:00am to 2:00am.

5. Electronic Gaming Facilities are only permitted after a Conditional Use Permit has been approved by City Council.

6. The number of parking spaces for electronic gaming operations are based on 1.5 spaces per computer/machine and 1 pace per employee.

The submitted site plan shows an existing 2,393 sq. ft. single‐story building of masonry construction. The applicant’s proposed floor plan shows an assembly area consisting of 18 machines, an office, a storage area, lobby and restrooms for patrons of the facility.

Employees: 1

Hours of Operation: Monday through Sunday; 9am ‐ Midnight

Parking: Parking for the site is based on 1.5 spaces per gaming machine and 1 per employee. 28 parking spaces are required to include two handicap parking spaces.

The submitted site plan shows 6 existing paved parking spaces at the front of the facility. The applicant is proposing 12 parking spaces located in the rear yard of the facility and an additional 11 parking spaces upon private property directly east and adjacent to the site. The adjacent private property owner has agreed to enter into a long‐term lease with the

of 4

applicant to use a portion of the property (15 ft. x 170 ft.) for parking as long as the business is in operation.

The applicant proposes to remove the existing 400 sq. ft. accessory building located at the rear of the property for the provision of customer parking spaces and proper circulation for automobiles entering and exiting the site.

Vehicular surface areas and parking areas are required to be paved and striped. The applicant is requesting a modification of the paving requirement for vehicular surface areas and parking spaces located in the rear yard and side yard of the property. If approved, applicant proposes to use gravel in lieu of asphalt or concrete.

Landscaping: Due to existing site conditions, the applicant is requesting a modification of the City’s landscape requirements as they pertain to street trees, vehicular surface buffers and landscape buffer yards. The applicant states that landscape plantings will leave insufficient room for parking spaces required for the site. Special Flood Hazard Area: The site is located in the 100‐year floodplain. Any new construction or development will require compliance with the City’s floodplain regulations. Land‐Use Plan: The City’s Comprehensive Land‐Use Plan recommends residential‐agriculture development. SJAFB: Seymour Johnson Air Force Base has been notified of the proposed use. Because the subject property falls within the 70‐74 dnl noise contour, the applicant will be required to incorporate noise attenuation measures into the design or construction of portions of the building where the public is received or assembled.

The applicant is requesting the following modifications:

1. Modification of 500 ft. separation distance from residentially‐zoned or residentially‐developed property.

2. Modification of paving required for vehicular surface areas and parking spaces.

3. Modification of City’s landscape requirements.

of 4

At the public hearing held on June 17, 2019, no one spoke for

or against the request.

RECOMMENDATION: No action necessary. The Planning Commission will have a

recommendation for the Council meeting on July 15, 2019.

Date: _________________ _________________________________________ Planning Director Date: _________________ _________________________________________ City Manager

Z-12-19

1462 ARRINGTON BRIDGE RD

NB TOGB-CD


Applicant: Johnnie Coley Request: NB To GB-CD Project: Internet Cafe Parcel#: 3507-62-2500

Location: 1462 Arrington Bridge Rd

200 100 0 200 Feet


The data represented on this map has been compiled by the best methods available. Aocuracy is ccntingent upon the source information as ccmpiled by various agencies and departments both internal and external to the City of Goldsboro, NC. Users of the data represented on this map are hereby notifted that the primary information sources should be consu�ed for verifiCation of the information contained herein. The City of Goldsboro and the ccmpanies ccntracted to deveiop these data assume no legal responsibilities for the information or aocuracy ccntained on this map. It is strictly forbidden to sell or reproduce these maps or data for any reason without the written consent of the City of

Goldsboro.

REZONING REQUEST



200 100 0 200 Feet

Z-12-19


NB TOGB-CD

GCLDSB RC BE MORE DO MORE SEYMOUR

The data represented on this map has been compiled by the best methods available. Accuracy is contingent upon the source information as compiled by various agencies and departments both internal and external to the City of Goldsboro, NC. Users of the data represented on this map are hereby notified that the primary information sources should be consu"ed for verifiCation of the information contained herein. The C�y of Goldsboro and the companies contracted to develop these data assume no legal responsibilities for the information or accuracy contained on this map. It is strictly forbidden to sell or reproduce these maps or data for any reason w�hout the written consent of the C�y of Goldsboro.

Z-12-19


NB TO GB- CD




200 100 0 200 Feet

GCLDSB RC BE MORE DO MORE SEYMOUR

The data represented on this map has been compiled by the best methods available. Accuracy is contingent upon the source information as compiled by various agencies and departments both inter nal and external to the City of Goldsboro, NC. Users of the data represented on this map are hereby notified that the primary information sources should be consuhed for verifiCation of the information contained herein. The Crty of Goldsboro and the companies contracted to develop these data assume no legal responsibilities for the information or accuracy contained on this map. It is stridly forbidden to sell or reproduce these maps or data for any reason wrthout the written consent of the Crty of Goldsboro.

)o$,

IU�-

- 18 Gaming Stations - 28 Parking Spaces - Hours of Operation:

Monday -Sunday 9:00am -Midnight

-Number of Employees: 1

n.on-..... �

I ' lz

4 Is

..,.,.

OOOft

13

1(,

•

Z-12-19


NB TO GB-CD

of 3

Item_________



SUBJECT: PUBLIC HEARING Z‐13‐19 – (Dewey Street Properties, LLC.) Subject properties are located on the North side of W. Grantham Street between Hargrove Street and Jordan Boulevard.

Applicant is requesting a zoning change for two individual properties located at 1211 and 1203 W. Grantham Street from General Business (GB) to Highway Business (HB).

Applicant is the owner of both properties.

BACKGROUND: On October 20, 2014, Council approved 1211 W. Grantham Street for the operation of a used car dealership for high‐end, high‐performance autos including the accessory uses of restoration, service and repair.

In addition, Council approved site and landscape plans detailing the proposed development. The following modifications were approved:

1. Modification of a Type C (20 ft. wide) buffer along the western property line;

2. Modification of eastern Type A (10 ft. wide buffer to allow the placement of a 6 ft. high fence with no additional landscaping; and

3. Modification of the existing freestanding sign height and area from 25 ft. tall to 49 ft. tall and from 80 sq. ft. to 100 sq. ft.

Since that time, the owner acquired the adjacent property directly east of the site and identified as 1203 W. Grantham Street. Currently, the owner operates the site as an automotive equipment installation, repair and service facility.

1211 W. Grantham St:

Frontage:

W. Grantham Street: 181 ft.

Collier Street: 136 ft.


Zone: General Business (GB)

of 3

1203 W. Grantham St:

Frontage: 89 ft.

Area: 11,335 or .26 acres

Zone: General Business (GB)

DISCUSSION: As previously stated, the applicant proposes to rezone two individual properties located at 1211 and 1203 W. Grantham Street from General Business (GB) to Highway Business (HB).

Surrounding Zones:

North: Residential (R‐6);

South: General Business (GB); Office and Institutional (O&I‐1);

East: Office and Institutional (O&I‐1; General Business (GB); Residential (R‐16);

West: General Industry (I‐2)

The property owner proposes to rezone the property for the purpose of reclassifying an existing non‐conforming freestanding sign at 1211 W. Grantham St. to a conforming high‐rise sign. If approved, the owner intends to combine the two separate parcels (1211 and 1203 W. Grantham Street) into one in order for both businesses to share the proposed high‐rise sign.

According to the City’s Unified Development Code, high‐rise signs are allowed in the Highway Business (HB) zoning district if the business or businesses are contiguous to a controlled access highway as defined by NCDOT. The subject properties are located along W. US 70 Highway which is a controlled access highway.

City sign regulations require high‐rise signs not to exceed a height of 100 ft. in height and no more than 250 sq. ft. in area. The existing freestanding sign is 49 ft. in height and 100 sq. ft. in area.

Land‐Use Plan: The City’s Comprehensive Land‐Use Plan recommends commercial development.

of 3

At the public hearing held on June 17, 2019, no one spoke for or

against the request.

RECOMMENDATION: No action necessary. The Planning Commission will have a recommendation for the Council meeting on July 15, 2019.

Date: _________________ _________________________________________ Planning Director

Date: _________________ _________________________________________ City Manager

Z-13-19

1211 W GRANTHAM ST

GB TO HB


Owner: Dewey Street Properties Requestt: GB To HB Parcel#: 2690-42-2335

Location: 1211 W Grantham St.

GCLDSB� RC BE MORE DO MORE SEYMOUR

The data represented on this map has been compiled by the best methods available. Accuracy is contingent upon the source information as compiled by various agencies and departments both internal and external to the City of Goldsboro, NC. Users of the data represented on this map are hereby notified that the primary infonnation sources should be consutted for verifiCation of the infonnation contained herein. The Coy of Goldsboro and the companies contracted to develop these data assume no legal responsibilities for the infonnation or accuracy contained on this map. It is strictly forbidden to sell or reproduce these maps or data for any reason wohout the written consent of the Coy of Goldsboro.

Z-13-19

1211 W GRANTHAM ST

GB TO HB


Owner:

Requestt:

Dewey Street Properties GB To HB

Parcel#: 2690-42-2335



The data represented on this map has been compiled by the best methods available. Accuracy is contingent upon the source information as compiled by various agencies and departments both internal and external to the City of Goldsboro, NC. Users of the data re�esented on this map are hereby notified that the primary information sources should be consu�ed for verifiCation of the information contained herein. The Cijy of Goldsboro and the companies contracted to develop these data assume no legal responsibilities for the information or accuracy contained on this map. It is strictly forbidden to sell or reproduce these maps or data for any reason wijhout the written consent of the Cijy of

Goldsboro.

REZONING REQUEST

Owner: Dewey Street Properties Requestt: GB To HB Parcel#: 2690-42-2335


0 200 Feet

Z-13-19 1211 W GRANTHAM ST

GB TO HB

G�LDSB� RC BE MORE DO MORE SEYMOUR

The data represented on this map has been compiled by the best

methods available. Accuracy is contingent upon the source information as compiled by various agencies and departments both internal and external to the City of Goldsboro, NC. Users of the data represented on this map are hereby notified that the primary infonnation sources should be consutted for verifiCSiion of the infonnation contained herein. The C�y of Goldsboro and the companies contracted to develop these data assume no legal responsibilities for the infonnation or accuracy contained on this map. It is s trictly forbidden to sell or reproduce these maps or data for any reason w�hout the written consent of the C�y of

Goldsboro.

of 3

Item _______



SUBJECT: SITE‐6‐19 Site and Landscape Plans‐ 4 Points of NC (Automatic Car Wash)

BACKGROUND: Subject properties are located on the south side of Berkeley Boulevard between Cashwell Drive and Langston Drive.

506 N. Berkeley Boulevard

Frontage: 105 ft.

Depth: 184.42 ft.


Zoning: General Business 508 N. Berkeley Boulevard

Frontage: 76.82 ft.

Depth: 184.42 ft.


Zoning: General Business

Existing use: Property located at 506 N. Berkeley is currently

occupied by a commercial real estate office and an ice cream and shaved ice facility. Property located at 508 N. Berkeley is currently clear and vacant.

DISCUSSION: The applicant proposes to combine the two subject properties for commercial development.

The submitted site plan indicates a single‐story, 2,800 sq. ft. building of metal‐framed construction proposed for use as a drive‐through automatic car wash facility. A floor plan has been provided and consists of an express tunnel car wash, a customer lobby area, an office, a restroom, an equipment room and a janitor’s closet.

of 3

In addition to the car wash, two (2) overhead canopies are proposed for the site. A 2,240 sq. ft. canopy is proposed adjacent to the common access drive and will provide cover for 14 parking spaces and 14 vacuum stations to be used by customers of the business. A 375 sq. ft. canopy is proposed in the drive‐through aisle along the rear property line adjacent to the entrance of the car wash facility to provide cover for two (2) side‐by‐side automatic pay stations. The canopy is shown within 5 ft. of the rear property line. As such, a modification will be necessary since the rear building setback is 25 ft.

Hours of Operation: Monday‐Sunday 8am‐8pm

Employees: 2‐4

Access: The site will be served by an existing 50 ft. wide curb cut off Berkeley Boulevard. An existing 24 ft. wide paved and shared access drive will extend southward from the curb cut approximately 150 ft. from the terminus providing access to two parking lots proposed for the site.

Parking: A total of 22 parking spaces have been provided including 1 handicap accessible parking space. 14 spaces will be located adjacent to the common access drive. 8 spaces are shown adjacent to the proposed automatic car wash. A drive‐through aisle is shown at the rear of the site for stacking 14 vehicles upon entry into the car wash bay area.

Sidewalks and Pedestrian Access: Exterior sidewalks are not shown on the submitted site plan. The applicant will be required to install sidewalks along Berkeley Boulevard for approximately 182 linear feet.

A 10 ft. wide interior sidewalk has been provided for pedestrian access leading from the parking lots to the building entrances using private walkways and a handicap ramp. 9 additional vacuum stations are proposed along the sidewalk adjacent to the car wash facility and located between customer parking spaces.

Landscaping: The site plan indicates a required Type A, 5 ft. wide landscape buffer along the western and southern

of 3

property lines. A total of 10 street trees are proposed along Berkeley Boulevard accompanied by 48 evergreen shrubs to serve as the required vehicular surface buffer. 9 trees and 108 shrubs will serve as vehicular surface area plantings required for the site. Building Elevations: The proposed automatic car wash building exterior consists of a metal standing seam roof, split‐face masonry block columns, stucco and brick veneer walls, stacked stone veneer bases and architectural wood brackets.

Commercial Lighting Plan: Commercial lighting plans have not been submitted, however, staff will work with the applicant to ensure that proposed lighting is compliant with the City’s commercial lighting ordinance. Engineering: The property is not located within a Special Flood Hazard area. City water and sewer are available to serve the site.

Storm water calculations, grading and drainage plans have not been submitted. The applicant will be required to submit plans in accordance with City Engineering standards before construction permits are released.

Refuse collection: A concrete pad is shown at the end of the access drive for the location of a commercial dumpster. The dumpster enclosure will match the elevations of the car wash facility and will be screened in accordance with City standards. Modification: The applicant is requesting a modification of the rear setback requirement from 25 ft. to 5 ft. for the construction of a 375 sq. ft. canopy providing cover for two (2) side‐by‐side automatic pay stations.

RECOMMENDATION: By motion, accept the recommendation of the Planning

Commission and………… Date: ________________ ______________________________ Planning Director Date: ________________ ______________________________ City Manager

N BERKELEY BLVD

CASHWELL DR

MALL RD

100 0 10050 Feet

SITE PLAN506/508 N BERKELEY BLVE

PRIDE CARWASH

.

The data represented on this map has been compiled by the best methods available. Accuracy is contingent upon the source information as compiled by various agencies and departments both internal andexternal to the City of Goldsboro, NC. Users of the data representedon this map are hereby notified that the primary information sourcesshould be consulted for verification of the information contained herein. The City of Goldsboro and the companies contracted to develop these data assume no legal responsibilities for the information or accuracy contained on this map. It is strictly forbidden to sell or reproduce these maps or data for any reason without the written consent of the City of Goldsboro.

CASE NO:REQUEST:APPLICANT:LOCATION:

SITE PLAN APPLICATIONSITE-10-19Car Wash4 Points of NC506/508 N. Berkeley Blvd.

235' SITE

172'

172'

235'

SUBJECT:

BACKGROUND:

DISCUSSION:

CITY OF GOLDSBORO

AGENDA MEMORANDUM


Item __ _

S-3-19 Bill Lane Lot #78 (Expedited 2-Lot Final Subdivision Plat)

The property is located on the north side of Titleist Drive within Lane Tree

Townhomes Subdivision.

Total Area: 24.89 acres or 108,421 sq. ft.

Total Lots: 2

Lot No.1: .70 acres or 30,649 sq. ft.

Lot No. 2: 24.19 acres or 105,372 sq. ft.

Zoning: Highway Business (HB)

Property is currently vacant and located in the City's extraterritorial

jurisdiction (ETJ).

The proposed subdivision has been approved for a two-lot final

subdivision as it qualified for an expedited subdivision review.

The applicant proposes single-family development on Lot 1 and wishes to

provide sewer services with the installation of a septic tank system.

Per the City's Unified Development Ordinance Subdivision Standards,

water and sanitary sewer mains shall be installed in accordance with City

standards and shall be approved by the Goldsboro City Engineer and the

State of North Carolina, when such utilities are accessible and available

within one thousand feet of the proposed subdivision. Sewer is available

within one thousand feet of the proposed subdivision however; the

applicant is requesting a modification of tying onto to the existing sewer

system.

If modification is granted the septic system shall meet the requirements

of the State Board of Health and be approved by the Wayne County

Health Department.

The Planning Commission, at their meeting held on June 24, 2019

recommended ....... .

Recommendation: By motion, accept the recommendation ofthe Planning Commission

and ........... .

Date: ______ _

Planning Director

Date: -------

City Manager

ur

! I

NOTE&

lN<I: fit([ .... .,.....

------

VICINITY MAP NOT TO SCALE

1. SIA!JECT PROPERTY IS NOT LOCATED WI 'miN A SPECIAl FLOOD HAZARD AREA AS PER WAYNE COl.NTY FIRW 37202680001< DATED 06/20/2018

2. SUBJECT PROPeRTY IS SliiJECT TO Nf'f RESTRICTIO.S, EASEio£HTS AN) RIGHT-oF"-WAYS � RECCim, IF' I.Nf.

1

/;b>,.., • '"0;

� CRID T/8 [lit@ N • 111 , 115 . 300 f"T .

r- 2,2SS,3�.Me n. [tit@ :: ��,.��L;1ir. =�J�2JI��·o. �g':,'i,.r8s

1

""""' Cl C2 CJ

O£LTA AHCl[ RADIUS 30"03 42 330.00 21"41 5SI 280.00 11"42 47 280.00

I!IEARINC DISTANCE

ARC TANGENT 173.14 .., , ,, 106 . � ., ... 57.24 21.72

""""' 171.11 105.81 57.14

PRE:Sf:NTE:D FOR Rf:G ij[RATION

DATE:: �'-f. 4_('2 f'f Tllolf: : --=o�z�; ""-J"'8 c...•L.t£0L-.,tl�m�

JUDY HARRISON RE:GISTE:R OF Df:f:OS

-------�-

Ll l2

N 12"00 20 E 141.84 s 05"35 55 £ 5.00

BY � �f:PUTY, � ��NTY , NC

L.4HE FARMS, INC. o.B . .l05J. PG.eze

----- ------- ___ ____, ...___ - •-- I

--------------I i

LANE F AANS, INC 0.8.305.3, PG 824

LANE FARMS, INC. o.B.l053, F'G.eze I ----

___ ...,..----

----------

-------

___ ....... ,.... -------------

---NCOOT R/W PLAN R-2554A

----

--

t ------------- ' -

------

3. BEARINGS ARE BAS£0 UPON NA08J{ 2011) .

4 • 0 1 S T AHC£5 ARE HOR I ZOHT Al CROl.H) I N IJS SlltVEY FEET. --------�-------

---------------

5. COORDINATES ARE NA08l{2011) GRID.

6. WA. TER SERV I C( PROV I OED BY CITY OF GOLDSBORO. 7. SE\IIER SERVIct FOR lOT 78 TO BE PROVIDED

BY INJIVIOUAL SEPTIC TAl« SYSTEM.

MINIMUM BUILDING LINES

fRONT WINI ...... BUILDING liNE • 35' SIDE liiiHII.IUol BUILDING LINE • 12' REAR liiiHI� BUILDING LINE • 25'

IO?TH CARCUVA

WA 11£ co..HTY I£AL. TH lEPT T1£ WAl?E roNTY I£AL.n1 txPNmCNT H(S�A $11 ANALl"SS'S�LOT 78 Mf� 7HS � A CXPY (T n-£ 5a. ANAL l"SS'S FIR SAD t.OT IS AVALW.l f"(R f£\o£W N 11£ un::c (T T1£ OMfCHENTAL I£ALTH SD:'n:w Tl£ 5a...WU.l'SISISNJTA alA QJARANrE£ THAT A Er .ISSl£l1 eACH LOT M.L Er I£-EVALU111ED FfR PCRIIT USN; ST AloQNilS 1JE PCRJ,�rs N£ R£ r PUN ,._.., 11£ ..... �w.t£AV. rH O£PARTIENT.

d!t� WA'r?E CXJ..NTYI-£AJ..rHC£PARfl£NT

""' 11-'1-,q

CURRENT OlfNER AND DEVEWPER

LAN£ FARWS, INC. P.O. BOX 117lil GOlDSBORO, HC 275.33

O.B.J05l, PC.824 O.B 3053, PC.828

&Y 100'

Ellt EXIST INC I� A1X1 � f�T��OISI( ..._ WINJ.._., MJILDINC liM Tl. TOTAL l[MGTH 0.11. OEEO 800K PG. PAC(

e INOICAT[S H0 POINT ! ' ��ft�T -•--.TER LIME • SAHITNf't 5('jiiiD WNK

-- SANITNN S01tR LIME -··-ToP

200' 300'

SCALE:�

FINAL PLAT OF

LANE TREE TOWNHOMl SECTION ONE, PHASE TW

BEING A PORTION OF THOSE: Cf:RTAIN PARCE:LS OF LA Df:SCRIBE:D IN Df:f:D BOOK JOSJ, PAGE: 824 AND D£f:D

JOSJ, PAGE: 828 WAYNE: COUNTY ReGISTRY

STONE:Y TC/Mo/SHIP WAYNE: COUNTY NORTH CAROL qBENTON .t ASSOCIATES f.AN) SI.RYf:l'K; Af.D IMPPfoK;

119(. WAI..N.RSTREET GQ..llS80'IIQ IIIC. PfOE {98) 7J$--()f40 FAX 735-CIUO """UZH!£#(1 t:-t10IJ

SUBDIVISION S-3-

19

BILL LANE

GCLDSB Re BE MORE DO MORE SEYMOUR

200 100 0 200 Feet

s

Item _______ CITY OF GOLDSBORO

AGENDA MEMORANDUM JULY 15, 2019 COUNCIL MEETING

SUBJECT: PUBLIC HEARING Street Closing – Titleist Drive BACKGROUND: On April 11, 2019, Lane Farms, LLC. requested staff to close a

portion of Titleist Drive based on NCDOT realignment of Salem Church Road and US 70 Bypass that is located within the City Limits.

The referenced street section has been identified on the attached map indicating the length and right‐of‐way width.

DISCUSSION: The petitioned street closing has been forwarded to the Fire,

Police, Engineering and Public Works Departments for their review. No objections to any of the closings have been submitted.

The Engineering Department has indicated that a utility easement should be retained over this section of Titleist Drive for an existing 6‐inch water line if the right‐of‐way is closed. If the street section is closed, ownership of the right‐of‐way would return to the property owner. The Council, on May 6, 2019, adopted a Resolution of Intent setting the public hearing and that Resolution was advertised for four weeks in the newspaper. Adjacent property owners were notified of the public hearing by certified mail and the street section was posted with notice of the public hearing. At the public hearing held on June 17, 2019, no one spoke either for or against the closing of Titleist Drive.

RECOMMENDATION: No action necessary. The Planning Commission will have a recommendation for the Council’s meeting on July 15, 2019. Date: ______________ _______________________________________ Planning Director

Date: ______________ _______________________________________ City Manager

GeLDSB RC BE MORE DO MORE SEYMOUR

STREET SECTION CLOSING TITLEIST DRIVE

(.05 Ml FROM SALEM CHURCH RD)

400 200 0 400 Feet

agenda planning commission monday, june 24, 2019€¦ · 24-06-2019 · located on the south side...

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