November 2, 2013 Special Called Meeting Waxhaw Woman’s Club Building – 200 E. S. Main Street 8:30 a.m. The Mayor and Town Board of Commissioners met in the Waxhaw Woman’s Club meeting room in a special called meeting on November 2, 2013 beginning at 8:30 a.m. Present: Mayor Daune Gardner, Mayor Pro Tem Erin Kirkpatrick, Commissioners Joyce Blythe, Brett Diller and Michael Stewart Absent: Commissioner Poccia Town Staff: Town Manager Michael McLaurin, Attorney Chaplin Spencer, Town Clerk Bonnie McManus, Town Planner Lisa McCarter Mayor Gardner called the meeting to order and thanked everyone for attending and requested to also add informal comments to the agenda. This was discussed due to be a special called meeting but was approved since no action would be taken. Adoption of the Agenda

• Add: Informal Comments Board Action: Motion by Commissioner Diller and seconded by Commissioner Blythe to adopt the agenda as presented to remove the Resolution of the Mayor for another meeting November 25th and allow informal comments. Motion 3-1 Voting Yea: Commissioners Blythe, Diller and Stewart Voting Nay: Mayor Pro Tem Kirkpatrick Business Items for Special Called Meeting Informal Comments: Paul Fitzgerald-Beautification Committee: Chair Fitzgerald of Beautification Committee thanked the board for allowing in him to speak. He invited everyone to please come after the meeting to the McDonald House at 1:00 p.m. to plant a tree in honor of Arbor Day. The tree was to be planted on first Friday night, but rain cancelled the event.

Gay Diller; Ms. Diller stated she wants to be a good downtown neighbor. Each one has a common value and but these could be different perspectives She believes her downtown neighbors feel and enjoy the quality of life. The residents especially in the areas for consideration need positive messages. These residents want to hear the new zoning will make life better. She stated there are four areas of study needed and don’t want hear these statements. Is this change going create more traffic. Don’t want hear: This is future development and realize stuff worried about now

can happen now. But we need rental apartments- don’t want to hear. You can opt out if you want- Don’t want to hear Historic preservation did not happen so homes are not protected.

Need: Downtown neighborhood remain as is. Streets remain residential Tired of lots across the street becoming a gas stations or other not so desirable

operations. Homes and streets as great value to the town and should be protected.. Need more neighbors – Stake holders. Upscale retail near residential and downtown- Attract good retail Need agree to a clear and complete plan What is approved by the board is what was done by Lawrence. When in place FBC should protect homes from having commercial next door. Be assured this will insure the quality of life. Think about Smart Growth

Mr. Zimmerman He wanted to address the preservation of Waxhaw. He showed the handouts by the Lawrence Group. He had an issue with errors and was it proofed. He asked was it noted that the document contained some errors and the maps were not correct. He stated lines are not correct on the map. Zoning involving urban neighborhood bothers him. This core of a metro area and should be the focus. He stated homes are not this. He stated he has heard that condos and apartments are not wanted in Waxhaw. He questioned the term being used for urban neighborhood. He showed a chart of uses. He questioned the zoning and abutting neighborhoods. He stated in mix use the uses are all the same with a few exceptions. He mentioned the issue of renters and how they are not the best and provided a personal example. He stated apartments will get you constant police calls. Waxhaw wants a more family oriented downtown and historic neighborhoods should not be disturbed. He gave maps to the Town Clerk to provided a map to the board. He spoke concerns of infill in reference to apartments. Horse farm would bring more revenue to Waxhaw. South Hicks street he mentioned being wrong

Lawrence Group: Ms. Holmes requested Mr. Zimmerman show her on the map the issues but he did not. He did mention South Hicks Street showing but this street does not exist. Ms. Holmes re-minded the board that all streets must be shown on the map even if not opened as town streets. Chris Michaelson: Mr. Michaleson stated he wanted to state again the broader overview. He stated downtown form base code is a solution to a problem that does not exist. He heard at the last meeting by the Lawrence Group stated not to focus uses but design. He mentioned uses are important. The concern of the neighborhoods for Waxhaw is a form base code is a flawed product. Need to address the downtown issue for form base code. The OIS is a buffer between the buffer and Form Base Code. He stated please leave OIS along and allow residents to feel safe in the zoning that they have. Bonnie Ruskino: Mr. Ruskino has reviewed the documents. She knows downtown needs repair. Leave the town center the way it is. She has issues with the number of stories that is allowed. She is concerned about the motel and hotel issue. She stated her neighbor could have a motel three stories high and this was a concern to her. She questioned the public notices to the residents on this issue. She stated mailings should have been done. It was done this time, but why not in the past. She understands the horse farm and others who want this. She asked the board to leave their homes along. Put motels near Cutherbtson and the shopping center. This is the location for that type of development and now downtown Waxhaw. Terry Settle: Ms. Settle stated flyers could have been done yesterday for notice on all trash rollout containers for residents. . Judy Wyles: Ms. Wyles understands from past comments by Mayor Pro Tem Kirkpatrick this is a long term plan. She stated when the new zoning is in place that new construction could happen including dumpsters in her back yard. She mentioned the current election and of people who are running for office. Form Base Downtown Code – Discussion and possible action Mayor Gardner stated the first item on the agenda is From Base Downtown Code- discussion and possible action by the Board. Ms. Holmes with the Lawrence Group was present to do an update on the past meeting comments and Planner McCarter was present to provide staff information. Mayor Gardner stated this has been discussed at several meetings. She stated she knows there is a lot of emotion on this issue. She provided an overview with a Vision Plan in 2007. Past seven years town has taken steps toward planning and a flexing of uses and zoning. The UDO has served well. This document will not serve the town in future and that is why the town is looking for ways to grow but in a way that will maintain the quality of life. Mayor Gardner was asked by Mayor Pro Tem Kirkpatrick to state these comments are her personal comments and not from the board. Mayor Gardner responded that these are her

personal views and not representing the board. She asked the audience to think this one piece of the element to accomplish the town. Elements to work together. Public Element from residents – Different plans Overlay District: This has been put in place but can be used to better protect.

Comments: Ms. Monica Holmes, Lawrence Group: Ms. Holmes stated she appreciated the information. She sent out a presentation from beginning to end. There have been 42 actions adopted for the Waxhaw Downtown Vision and plan and board is currently working on 16 of them. The town also did a Downtown Zoning Tool Repair Plan. There were 28 recommendations in the plan and the downtown cord addresses 21 of these. The other seven are administrative issues. Highway 16 Corridor Plan is currently in process which not part of the Form Base Code. The current UDO is based on a ninety year model. Staff was asked how many revisions were done on the UDO and staff stated there were pages of changes. Power Point Agenda Basics of Smart Growth Downtown Waxhaw Vision Plan Form Base Code Overview Waxhaw Downtown Code Questions

Basics of SmartGrowth 10 Principles for Smart Growth Housing Choice Walkability Community Engagement Sense of Place Land Use Open Space Transportation Choice Infrastructure Utilization Building Design Development Standards & Process

Housing Choices

Create a range of housing opportunities and choices that accommodates people of different income levels, age and personal preference

Walkability

Create walkable neighborhoods where it is possible to live, work, learn, play and worship without getting in a car.

Community Engagement Encourage community and stakeholder collaboration to establish a shared

community vision. Sense of Place Foster distinctive attractive communities with a strong sense of place.

Land Use Mix land uses to integrate various important community functions within

convenient proximity. Open Space Preserve open space, farmland, natural beauty, and critical environmental areas.

Transportation Choice Provide transportation choices that offer more alternatives for access to housing,

shopping and jobs. Infrastructure Utilization Direct development toward existing neighborhoods and infrastructure to

maximize public services and tax revenue. Building Design

Take advantage of compact building design as an alternative to conventional,

wasteful patterns of development. Development Standards & Process Ensure development decisions are predictable, fair, cost effective and that they

support the community’s vision. This is the purpose and goal of the Downtown Code

Downtown Waxhaw Downtown Waxhaw was designed and built using common sense principles of

SmartGrowth. Resource/ infrastructure efficiency Convenient mix of land uses Compact walkable design Multiple modes of transportation

10 Principles for SmartGrowth

• Housing Choice • Community Engagement • Sense of Place • Land Use • Open Space • Transportation Choice • Infrastructure Utilization • Building Design • Development Standards & Process

Downtown Waxhaw Vision Plan

• Public Kickoff April 6, 2012 • Charrette April 30 • May 3, 2012 • Draft Plan September 6, 2012 • Adoption December 11, 2012 • Appropriate scale & intensity of downtown development • Support historic character and small-town sense of place • Locations for new Town Hall

• Streetscape design along N. Main, S. Main, Broome, McDonald, Church, etc. • • Public space opportunities • Parking & wayfinding needs • Marketing & strategic positioning

Downtown Zoning Repair Kit

Downtown Neighborhoods Plan

• Public Kickoff May 2, 2013 • Charrette May 6 - 9, 2013 • Draft Plan September 17, 2013 • Adoption In process

Highway 16 Corridor Plan

• Public Kickoff June 6, 2013 • Charrette June 17 - 20, 2013 • Draft plan in process

Form-Based Codes Overview Code Approaches

• Conventional (Euclidean) Model • Focused on separation of land uses and minimum parking requirements • Upheld in Euclid v. Ambler Supreme Court case • Based on Standard City Planning & Zoning Enabling Acts (1920’s)Waxhaw’s

code is STILL based on this 90 year old model Form-Based Codes offer the most direct translation of adopted plans to

development regulations Form-Based Model Focused, first & foremost, on the things that impact the public realm • Streetscape Type • (On-Street Parking, Drainage, Street Trees, Sidewalks) • Frontage • (Front Lawn, Rear Yard, etc) • Building Placement & Parking Location • Height • Roof Type • Building Design • Use & Parking Conventional vs. Form-Based Codes Form Based Codes 1. Focused on the design of the streetscape and public realm; and the role of individual buildings in shaping the public realm 2. Are more restrictive in terms of building & site design requirements 3. Are more permissive in terms of use & parking requirements 4. Encourage mixed-use, compact & walkable development Conventional Zoning Codes Auto-oriented, segregated land-use planning Organized around single-use zones Use is the primary focus Proactive Community Vision Proscriptive regulations, regulating what is not

permitted, as well as unpredictable numeric parameters, like density and Far Regulates to create individual buildings

Form Base Code Mixed use, walkable, compact development-oriented planning Based on spatial organizing principles that identify and reinforce an urban

hierarchy or transect Physical form and character are the primary foci, with secondary attention given

to use Reactive to individual development Prescriptive regulations, describing what is

required, such as setbacks, height requirements Regulates to create places

Basic Components of a FBC Based Codes Regulating Plan District & Site Design Standards Public Space & Street Standards Architectural Standards Process & Administration

District & Site Design Standards Setbacks Frontage Buildout Density Lot Coverage Height

Public Space & Street Standards Frontage Type Park & Open Space Requirements Street Types Connectivity Required Improvements (e.g., utilities)

Architectural Standards Building Types Orientation Transparency Façade Articulation

Process & Administration

• The more complicated the PROCESS, the greater the lack of VISION FBC’s – A Developer’s Perspective Sticks

• More regulation in terms of building & site design requirements Carrots More consistent market environment

• Greater use flexibility & market responsiveness • Better protection of investment • And (typically) • Streamlined permitting • Greater permitted density

FBC’s – A Neighbor’s Perspective

• Provides expectation of what might/should happen in the neighborhood • Prevents out of character development • Protects property values

FBC’s – A Municipality’s Perspective

• Provides expectation of what might/should happen in the neighborhood • Prevents out of character development • Protects property values

20 Years of Form Based Codes

• Belmont, NC (1996) • Cornelius, NC (1999) • Germantown, TN (2006) • Spartanburg, SC (2006) • Waynesville, NC (2011) • St Charles, MO (2012) • McDonough, GA (2012) • Raleigh, NC (2013) • Wake Forest, NC (2013) • Wilson, NC (2013) • Davidson, NC (ongoing) • Beaufort, SC (ongoing) • Greenville, SC (ongoing)

Waxhaw Downtown Code Meeting Dates April 2012 - Kick Off Meeting for the Downtown Vision Plan - April 23, 2012 May 2012 - Charrette (A public meeting every evening) - April 30, 2012-May 3,

2012/Closing Presentation - May 7, 2012 December 11, 2012 - Public Hearing and Adoption for Downtown Vision Plan

Adoption (which the Land Use Plan was included in) February 21, 2013 - Public Meeting for Proposed Code April 25, 2013 and July 24, 2013 - Joint Town Board/Planning Board Workshops • August 19, 2013 - Planning Board September 24, 2013, October 8, 2013, October 22, 2013 – Town Board November 2 – Town Board Workshop

5 Districts & 1 Restricted Frontage Overlay Developed and assigned in accordance with the Downtown Vision Plan UN (Urban Neighborhood) NMX (Neighborhood Mixed Use) MS (Main Street) TC (Town Center) – OS (Open Space)

Shop Fronts on Main & Broome Streets

Regulating Elements (2 of 4)

+ Regulating Elements (3 of 4)

Regulating Elements (4 of 4)

Maximum Parking

No parking minimum Shared parking encouraged Permeable paving required for spaces that exceed maximum (only permitted

where study shows that maximum is infeasible) Dedicate Recreation Space

New Recreation Space Requirement Required Recreation Space Area as % of gross dev. area): UN District 5% NMX District 2% (if de ve lopme nt is 2 a cre s ) Options to fulfill Requirement: Credit for Existing Recreation Space Payment in Lieu Dedicate Recreation Space Urban Neighborhood

Urban Neighborhoods Not Allowed

Additional Information Awnings are allowed by right

Any other alterations to the building (except those in accordance with the Historic Landmark Guidelines) are only allowed by CUP

What have we heard? Parking – ensure that attached buildings must use a rear lane or secondary frontage

o General Commercial – further define uses o General Commercial – further restrict size in

NMX (to be below 25,000sf)

o Currently 25,000sf (ex. Michael’s, Office Depot, Old Navy, Barnes and Noble) o Over 25,000sf includes Kohl’s, TJ Maxx, Bed, Bath and

Beyond, Target, Best Buy

o Stores between 10,000sf and 25,000sf include Designer Shoe Warehouse, Ulta, CVS, Pier 1 Imports

What happens for uses such as furniture store, seed store, clothing store?

o What are buffers between types of development? o Hotel/Motel – do not allow in NMX – only in MS or TC o Height – Want lower height – even consider lower height in NMX to 2.5 stories o What have we heard?

Some Answers

o Remember basics of form based code – form is the priority for this: What Are We Missing Applicability Use Height Setbacks Building Design Standards Parking Street and sidewalks Definitions Maps General Comments This was the end of the PowerPoint by Ms. Holmes Break: 10:08 a.m. Reconvened 10:24 a.m.

Comments Ms. Holmes: She provided a chart and how things are applied for usage. Terry Hanes: Build Back: Mr. Hanes questioned if a building burned down could you build back. Downtown can but residential would have to be to current building requirements for new standards. He asked would these proposed changes have to be extended to other areas and yes this would have to be done. Ms. Holmes suggested only certain areas and infill areas would be her recommendation. Commissioner Blythe: Commissioner Blythe asked how can you protect historic homes? Only with the Historic District Overlay can protect these homes. Currently only a few are protected. Ms. Holmes stated under Form Base Code how these could be protected for rebuilt and design. She mentioned the points of Mr. Zimmerman comments and some are right and some and are wrong. She would like to verify the information provided needs to be confirmed by staff. This could be done if he provided the documents he was quoting. Town Manager McLaurin: Mr. Zimmerman spoke of typos and map errors. Director Mahar stated the maps are correct and not found errors in the documents that Mr. Zimmerman used for his comments that were created by staff and Lawrence Group. Rick Gromlovitts: Mr. Gromlovitts stated he has concerns about the map that was displayed during the Powerpoint. He stated the concern is about noise and height of buildings. He stated the downtown areas should end at Caldwell Street and then urban neighborhood. He stated the map showed certain properties are being chosen to make changes. Why cross Caldwell and change the zoning. The property owner asked for zoning was the response. The proposal is a uniform change. You are taking four properties and changing the zoning. Ms. Holmes stated you want transition from downtown to urban neighborhood. Mr. Gromlovitts does not know why OIS increased. Terry Michaelson; Ms. Michaleson stated during the charrette the motels in their neighborhood was not shown or stated could be done. Ms. Holmes stated the information during the charrette was information that was taken and revised. Ms. Homes stated there is a lot of fear over what could happen and she understands the fears and issues by the citizens in the meeting. Attorney Spencer: The parcel located leaving Waxhaw on Highway 75 being omitted. Attorney Spencer mentioned the parcel is far out on 75, zoned commercial andthe owners stated they vested rights (which was not confirmed by Planning Staff). Seven Parcels Out: Ms. Holmes stated currently going in the process of the zoning change are seven parcels that are out but want to be part of the Form Base Code.

Ms. Diller: Ms. Diller is in favor of the Form Base Code, but wants the board to provide proof that this will not endanger the Waxhaw historic downtown and homes in the area. She stated the ones who have opted out maybe there is something behind that and a closer look is needed. She stated when looking at Small Area Downtown Plan this plan was accepted, adopted but why now concerns. Mr. Michaleson: Mr. Michaleson was not able to attend the meetings (charrettes) and why the concerned now, it is about to become a fact if adopted. He stated you can say apartments or condos are not allowed. Ms. Holmes reminded everyone you cannot prohibit rental condos. Mr. Michaelson stated is it possible to proceed with Form Base Code in downtown and main street and not rezone residential which currently involves UB, NMX and OIS. Just do downtown now for Form Base Code and then grow out. How does it make it harder to go from zoning to Form Base Code? What enforcement does the town have it violations need to be addressed. Town Manager McLaurin stated the town Code Enforcement department will take action and with fines including up to closing the business. Peggy Dvorak; Ms. Dvorak is aware that not multi-family is in Waxhaw. Why come into downtown neighborhoods and allow multi-family. Move down Highway 16. Leave the area as single family only. Mayor Gardner stated the challenge is when you hear multi-family is apartment complexes. There are ways to incorporate multi-uses. More discussion may be needed on how to incorporate this into the downtown area. Ms. Monica Holmes – Lawrence Group: Ms. Holmes stated she would not agree that Waxhaw downtown is a vibrant town center. Some areas are and some are not. You have lost out on over two million dollars now as businesses under the Downtown Vision Area Plan. She stated maybe the plan should have been done. The Downtown Vision Plan Committee wanted to see this on main street and the plan was approved. She stated if that is not what the board wants then stay the way you are and continue to lose revenue. Businesses downtown are closing. She provided some ideas for multi-family and a unit count per building could and/or not allowed in the urban neighborhood. She stated again multi-family has different meanings. She stated the requirements for multi-family which included materials and height. You can change the boundary but not the districts. As the code exists you can ask for rezoning. She knows that the new proposed Form Base Code will work. She has seen this in other municipalities and named some. As a consultant she can say that from experience. The anger is about the map shown. Disconnect the map from Form Base Code. Come up with a map with a dash that will require a rezoning process. Draw the boundary and the current block which is C-4 and you will not down zone. She stated seven businesses wanted to locate in Waxhaw and cannot come under current zoning. The process now is more restrictive and that is why the

business did not come. She stated wait a year and the look at the outside the downtown center. Dense Truesdale: What is wrong with Waxhaw? Why change Waxhaw? She stated next to her was a commercial cemetery which closed and now a nursing home. The nursing home has constant emergency calls especially at night. She stated the board is here listing, but hearing the conversation from residents. The board is not here representing the town and its citizens. Please listen to the residents of Waxhaw. Gay Diller; Ms. Diller agrees with Ms. Truesdale. It seems to be a pattern where one parcel is rezoned up and then the one adjoining comes next for same or similar zonings and then another one comes up and more zoning. She stated the Form Base Code is what Waxhaw wants and if the residential stays out then pockets of land are farther out can be zoned for apartments. She agreed on the master plan. Terry Michaelson: She stated again to the board to stop now, put Form Base Code in downtown only and leave residents adjourning the town center as is. Mayor Gardner: Mayor Gardner stated the process is getting the town code in place and protect the town for future. Brenda Stewart: Ms. Stewart referred to map for West North Main Street and questioned where Center Grove Heights is located as part of the process. She is not totally against Form Base Code. She stated the uses are her concern especially some that would be unacceptable. She listed motel, hotel, movie theater next to her home is not acceptable. She also listed auto shops. She stated the uses not in OIS have been added with allowed more uses. She cited the former church building near her home that became a restaurant and failed. She is ok with two story apartments behind her and not bothers her. She is ok with both if uses that could damage the adjoining residential not be allowed. She made the following suggestions: NMX Removing hotel & motel Removing Vehicle Rental & sales Removing Dry Cleaning Removing In door theaters Removing ATM machines – Note this is walkup

Commissioner Blythe: Commissioner Blythe asked where apartments or condos could be built in Waxhaw if not close to the town. Ms. Holmes Monica stated you are limited in NMX with current parcels. She stated the board could remain all day and beat it to death. She stated just leave Form Base Code in downtown center only and not in resident areas. Leave the other outside areas alone. She has good feelings about some of parts of the Form Base Code. She stated other towns may be good with this

type of zoning but Waxhaw needs to look at what is good for Waxhaw. Town does not have large wealthy homes in downtown Waxhaw. She is not in favor of this unless just downtown only. She feels the UDO can make some of the changes. Leave the residents along. Terry Hanes: Mr. Hanes stated the town has been invaded and continues to be happening. He stated as a member the Economic Restructuring Committee that if you don’t change you will be extinct. He stated Betsy from an agency in Raleigh that did the Zoning Tool Box Repair Kit study stated the town’s zoning is broken and needs repaired Mayor Pro Tem Kirkpatrick stated it was to center to Main Street and keep downtown vibrant. Residential/commercial is 70/30 and need to be healthy. Mayor Pro Tem Kirkpatrick: Mayor Pro Tem Kirkpatrick stated that you need to make the changes to keep Waxhaw vibrant. You need the flow of people coming to stay in a hotel. Mayor Gardner stated it is now 11:51 p.m. and they have not gotten past the first item on the agenda. She asked does the board want to continue the meeting or please suggest the next step. The board agreed to stop the meeting at this time as the motion at the previous meeting was to put on the November 12th meeting for possible action. Board Action: Motion by Mayor Pro Tem Kirkpatrick and seconded by Commissioner Blythe close the meeting and confirm that this will be on the November 12th agenda for continuing the discussion and possible action. Motion carried unanimously. . Rezoning Issues associated with Form Base Downtown Code- Discussion and possible action The next item on the agenda is Rezoning Issues associated with Form Base Downtown Code- Discussion and possible action. Tabled until November 12th, 2013

Resolution of Disapproval and Non-Support of Mayor Daune Gardner- Discussion and possible action Tabled to November 25, 2013 Street Closure for Veteran’s Day Celebration –November 11, 2013Discussion and possible action

The next item on the agenda is a request by Events Department to close certain streets for Veteran’s Day service. The request is as follows:

• Monday November 11, 2013 12:00 pm – 3:30 pm • East North Main Street from Highway 16 to North Providence

Street Comments: None

Board Acton: Motion by Mayor Pro Tem Kirkpatrick and seconded by Commissioner Blythe to approve the request by the Waxhaw Events Department for Veteran’s Day Service as follows:

• Monday November 11, 2013 12:00 pm – 3:30 pm • East North Main Street from Highway 16 to North Providence

Street Motion carried unanimously Email Address for Questions on Form Base Code: Town Manager McLaurin stated a special email account on the Form Base Code for questions or comments has been established and is located on the town website or call town hall to and speak to staff. Being no additional businesses Mayor Gardner entertained a motion to adjourn the special called meeting. Board Action Motion by Mayor Pro Tem Kirkpatrick and seconded by Commissioner Blythe to adjourn the meeting. Motion carried unanimously. Respectfully submitted, _________________________________ Bonnie B. McManus, Town Clerk _____________________________________

Daune Gardner, Mayor Adjournment 12:00 noon