Planning Board Minutes December 10, 2015
Planning Board Minutes
December 10, 2015
Members Present:
Also Present:
David Nail, Chairman
Joe Yanicak
John Robertson, Vice Chairman
Steve McGlothlin
Danny Martin
Mark Brady
Rosalind Campbell
Craig Culberson, Senior Planner
Jackie Thompson, Administrative Specialist
Absent:
Bill Ogburn
Mr. Nail called the meeting to order at 6:02 P.M.
1.) Approval of the minutes from the November 12, 2015 Planning Board meeting.
ACTION: A motion by Mr. Martin, seconded by Mr. Robertson to approve the minutes.
The motion was unanimously approved.
2.) Consider a CONDITIONAL REZONING request from Taylor Morrison of Carolina,
Inc. The property located on Normandy Road, Mooresville, NC 28117 is further
referenced as Iredell County Map PIN’s 4638-42-7010, 4638-41-7974, 4638-51-0546 &
4638-60-1837. The request is to rezone the property from R2 (Single Family Residential2, Town) to R3-C (Single Family Residential-3 with Conditions, Town).
Craig Culberson: The request is for a Conditional rezoning to R3-C (Single Family Residential with
Conditions) for the development of a 150 lot single family subdivision. This results in an overall
density of 2.7 units per acre. The applicant has submitted a Concept Plan to the Town of Mooresville
for review and approval. A Traffic Impact analysis has been done and the findings agreed to by the
developer.
The property is approximately 54 acres with frontage on Normandy road. The developer has
purchased a 60 foot right of way from an adjacent property owner in order to create a direct access
from the subdivision onto Perth Road. This will be a full vehicular access roadway that also serves to
satisfy access requirements of the NC Fire Code.
This property was annexed into the Town of Mooresville in June of 2015. The plan that has been
submitted indicates 150 single family lots. There are no other housing types included in this
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Planning Board Minutes December 10, 2015
request. The Town of Mooresville Comprehensive Land Use Plan indicates this area for low
density development. The property is in close proximity to the intersection of NC 150 (River
Highway) and Perth Road. The Land Use Plan indicates this intersection to be developed as a
Village Center. The VC is characterized as a compact area around the intersection that includes
shopping and services to support the surrounding residential developments.
A Traffic Impact Analysis was performed based on the attached plan. The TIA indicated
roadway improvements at the intersection of Perth Road and the proposed entrance to the
subdivision. This entrance lines up with the existing Byers Commons Drive. The roadway
mitigations include: A northbound left turn lane with 150 feet of storage on Perth Road.
Restriping of the existing land to indicate a straight/ right turn movement. An Eastbound left
turn lane with 150 feet of storage and a combined straight/ right turn lane. Westbound restriping
of lanes on Byers Commons Drive to create a left turn lane and a straight/right turn lane.
The site plan has been reviewed by Town Staff for compliance with all necessary requirements.
The TIA has been reviewed and approved by the Town and NCDOT. The rezoning request is in
keeping with the provisions of the Town of Mooresville Comprehensive Land Use Plan.
Kelsie Anderson: Traffic Engineer for the Town of Mooresville presented the Normandy TIA Report.
Deborah Dennis: Concerned about the lot size. She feels that sidewalks, curb and gutter, sewer and
water connections should be provided for the residents on Normandy Road.
ACTION: A motion by Mr. Brady, seconded by Mr. McGlothlin to approve the Statement
of Reasonableness and Compliance and recommend the approval of the request. The
motion was unanimously approved.
3.) Consider a TEXT AMENDMENT request from Town of Mooresville. The request is
to add specific illumination standards for outdoor recreation, sports fields performance
areas and other outdoor facilities requiring outdoor lighting to Chapter 9, Development
Standards, of the Town of Mooresville Zoning Ordinance.
Craig Culberson: The proposed amendment will create provisions in the Town of Mooresville
Zoning Ordinance to regulate outdoor uses that are adjacent to residential uses or districts.
The amendment will provide changes to: Chapter 5, Use Standards, Chapter 7, Landscaping and
Screening Standards, Chapter 9, Development Standards &Chapter 13, Definitions.
This text amendment intends to address mitigation measures associated with outdoor facilities
such as sports fields, parks, outdoor concert venues, and others that are associated with school,
civic, government, and other entities that are allowed to locate within residentially zoned areas.
The amendment deals with lighting, site orientation, landscaping, buffering and screening.
The amendment addresses noise and sound in general terms but does not list specific levels of
sound attenuation. The Zoning Ordinance does not specifically address sound or noise levels for
any specific uses anywhere in the ordinance. Sound and noise is generally regulated through the
General Code of Ordinance. Staff has discussed this with the Town attorney and proposes that
rather than specifically addressing sound or noise in this case, that there be an amendment to the
General Code addressing sound and noise.
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Planning Board Minutes December 10, 2015
9.5 ILLUMINATION OF OUTDOOR RECREATION FIELDS, SPORTS FACILITIES,
AND PERFORMANCE AREAS
9.5.1 Purpose
The purpose of this Section is to accomplish the following:
To encourage the use of lighting design practices and systems that will minimize glare, light
trespass and light pollution; conserve energy and resources while maintaining nighttime safety,
security and productivity; and curtail the degradation of the nighttime visual environment.
To establish outdoor lighting standards with an emphasis on reducing glare and light trespass by
requiring, in most circumstances, full cut-off (preferred) lighting fixtures.
To allow for outdoor lighting that is appropriate for the task and to establish light fixture height,
wattage, distribution and illumination limits that will help prevent light trespass to adjacent
properties.
9.5.2 Applicability
These outdoor lighting standards apply to the following:
1. Any new development, expansion or improvement to any illuminated outdoor recreation
facility, the installation of new outdoor lighting fixtures, or the replacement of existing
lighting fixtures, or such uses within residential and non-residential districts that are
adjacent to residential uses or residential districts or with lighting fixtures exceeding 20
feet in mounting height and are adjacent to a residential use or residential zoning district.
2. Routine lighting fixture maintenance such as replacement of lamps, ballast, starter, photo
control, or similar components will not constitute the need to comply with this ordinance,
and is permitted provided such changes do not result in a higher wattage or higher lumen
output.
3. Outdoor recreation, sports facilities, and performance areas whether classified as either
a primary or accessory use, subject to the provisions of this ordinance include but are not
limited to baseball/softball fields, football, soccer, lacrosse, track fields,
basketball/volleyball/tennis courts, and go cart tracks.
9.5.3 Exemptions
The following lighting applications are exempt from the requirements of this section:
Emergency Lighting: Lighting required for public safety, in the reasonable determination of the
inspection official holding authority.
DOT Lighting: Department of Transportation highway signage luminaires, which must comply
with federal DOT standards.
C.
Decorative Lighting: Low wattage fixtures used for holiday decorations and annual civic
events, or temporary or permanent building tubing fixtures which follow architectural features
on buildings.
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Planning Board Minutes December 10, 2015
D.
Individual residential lighting that is not reviewed as part of a development plan.
E.
Illumination being installed for temporary usage only.
F.
Municipal lighting installed within public rights-of-way, for the principal purpose of
illuminating streets, sidewalks, bicycle facilities, or multi-modal pathways within or adjacent to
a public street.
9.5.4 Illumination Plan Requirements
1. Projects will be designed to meet the prescribed surface illumination levels
necessary for the project site and designed in accordance with IESNA standards for
uniformity, and show all maximum/minimum and average/minimum light levels.
Project design will account for spill light or light trespass at the property line. An
illumination plan shall contain the following information:
a. Scaled photometric (ISO foot-candle) site plan denoting the project
boundaries, location and limits of playing fields and courts in relation
to the perimeter lot lines of the entire property; the location of all
mounted lighting poles and fixtures, and fixture mounting heights.
9.5.5 Illumination Design Standards
1. All lighting fixtures shall be placed and oriented so as not to direct glare
perceptible to persons on a public right of way, or into the window openings of a
residential dwelling unit. Care should be taken to minimize light trespass across
property lines. Internal louvers or “glare shields” or other appropriate methods
shall be provided where the emitted light becomes a hindrance. House side shields
may also be effective in reducing light trespass.
2. All lighting fixtures shall use full cut-off or directionally shielded lighting fixtures
that can be aimed towards the playing field/court and shielded in directions away
from the playing field/court to minimize glare and light trespass onto adjacent
properties. All lighting fixtures shall be equipped with the manufacturer’s maximum
glare control packages (louvers, shields, visors, and similar devices). Fixtures must
be directed to illuminate the primary playing field or performance area. Where new
lighting is installed adjacent to existing residential property, all installations should
limit light levels at the property line to a maximum level of 1.5 foot candles at the
property line or right-of-way.
3. All outdoor lighting fixtures shall be located a minimum of thirty feet (30’) from a
property or right-of-way line, and shall be kept out of and at least ten feet (10’)
away from any required perimeter or streetscape buffer, and tree save area.
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4. The layout of outdoor lighting fixtures shall be designed so that the poles do not
interfere with other elements of the approved site plan such as trees, landscaping or
parking.
5. The mounting height of lighting fixtures shall not exceed 100 ft. from the finished
grade
unless a greater mounting height is demonstrated to address glare
abatement and light trespass to adjoining properties.
6. All floodlights shall include top and side shielding, and be aimed at least forty five
o
degrees (45 ) below the horizontal.
7. To eliminate unneeded lighting, exterior lighting systems are required to include
automatic timers, dimmers, sensors, or similar controls that will turn off lights
during daylight hours and when the site is not occupied or open for business. All
lighting will include an on-site switch that can allow lights to be operated at the
site. Projects will also be designed to allow individual fields to be lighted
separately so that all facility lights are not required to be on when a limited number
of fields are in use.
8. Other on site infrastructure improvements such as parking, concession stands,
restroom facilities, etc. shall be illuminated separately.
9. All new construction projects shall have enough exterior lighting to meet the
minimum safety and security requirements of the ICC, the National Electrical Code
(NEC) and the North Carolina Building Code (NCBC) family of codes including the
NC Energy Conservation Code.
10. All fixtures and lamps shall be maintained in good working order, and replacement
lamps and fixtures shall match approved plans. Landscaping shall be maintained in
a manner that does not obstruct security lighting while not damaging or removing
required landscape materials.
11. The use of outdoor playing field lighting shall not be permitted between the hours of
11:00pm and 8:00am unless otherwise specifically approved by the Town Manager
or his designee. Exceptions may include tournament play or weather delays. Lighting
shall only be operational when scheduled activities are occurring. Security and
egress lighting following a scheduled activity may remain operation as necessary.
Programmable controls shall be provided to manually and automatically extinguish
all facility lighting.
9.5.6 Maximum Permitted Levels of Illumination for Outdoor Recreation/Sports Facility
Playing Field/Court
Recreation/Sport Facility Use
Specific Lighted Area
Maximum Maintained Lighting
Level in Foot-Candles
Baseball/Softball
Infield
Outfield
60
40
Football. Soccer, Lacrosse, Track
& Field
Basketball/volleyball
Go Cart Tracks
50
5
30
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Planning Board Minutes December 10, 2015
1. The Zoning Administrator or designee shall determine the maximum permitted
lighting levels not listed based upon IESNA standards illumination classifications.
2. Where lighting installation does not meet the required performance levels, the lights
shall be re-aimed. Re-testing will be required where fixtures are re-aimed. Upon
compliance, a letter of compliance shall be submitted and sealed by the Engineer of
Record for the project.
The following supporting noise reduction requirements are proposed as amendment to
Chapter 5.
Noise Reduction
Care should be given to reduce the adverse impacts of excessive noise upon noise-sensitive
land uses generated by outdoor activities. Noise reducing measures in project design should
be considered. Outdoor uses Shall incorporate noise attenuation and/or control measures to
reduce noise impacts at its source. The Zoning Administrator may prescribe noise mitigation
measures as appropriate, including but not limited to physical separation, screening and
buffering, and other noise control measures.
The following supporting perimeter buffer requirements are proposed as amendment to
Chapter 7.
7.2.6(3) Required Perimeter Buffers for Outdoor Recreation Fields, Sports Facilities, And
Performance Areas
All outdoor recreation, sports facilities, and performance areas, whether classified as either a
primary or accessory use, including but not limited to baseball/softball fields, football, soccer,
lacrosse, track fields, basketball/volleyball/tennis courts, and go cart tracks, shall incorporate
perimeter Type A opacity vegetative buffers of (20) twenty feet in height upon maturity as defined
under the provisions of Section 7.2.6 of this Ordinance with a minimum width of (30) thirty feet
along the common boundary associated with a residential use or district supporting residential
uses.
Chapter 13: There are 25 definitions that will be added to the zoning ordinance per this amendment.
This request is in keeping with the recommendations of the Town of Mooresville Strategic Plan:
Planning Strategy 3- Develop and document formal planning process procedures and improve
related informational documents. Planning Strategy 17 -“Implement new plans, ordinances, and
related tools for the Zoning Ordinance…” Staff recommends approval of this request.
Robert Mills: No one was notified about this project. Unhappy with the construction, lighting
and noise.
Tom: Feels the same way as Bob. Biggest frustration is the lighting. Can’t sleep at night with
the lighting.
Curt Craig: Upset with the lighting.
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Ben Murphy: Concerned with the lighting and parking. Also is concerned with the power lines.
Diane Shannon: 2/3 of neighbors have lived there less than 6 months. Because of this everyone
is moving. Feels the same as everyone else.
Annette Keller: Supports what others said. Hours of operation is too late, 11:00 p.m.
ACTION: A motion by Mr. Robertson, seconded by Mr. Yanicak, to approve the
Statement of Reasonableness and Compliance and recommend the approval of the request.
The motion was unanimously approved.
ACTION: A motion by Mr. Martin, seconded by Mr. Robertson, to adjourn the December
10, 2015 Planning Board meeting. The motion was unanimously approved.
The meeting adjourned at 7:27 P.M.
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