July 12, 2022 PZ Agenda - Laserfiche WebLink

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Planningand Zoning Commission Minutes June 14, 2022 Mr. David Murray, Attorney, 1901 Roxborough Road,Suite 120,Charlotte, NC28211., addressed the Board.He appreciates the Board having him here tonight. He represents the owner and the applicant. Like Mr. Corley, he was not at the last hearing, and he also listened to the recording to try to catch upso that he could come here and talkintelligentlytonight about what thisplan is. He said it has been ten years since he has had a zoning case in Cabarrus County. He has been practicing for 14 years, he does eminent domain and land use. Thanks for having me back, it has been a decade,but he is glad to be back again. As we have already covered, there are three varianceshere that we are requesting tonight from the setbacks, the landscape buffer,and the perimeter parkingbuffer area. He wants to appreciate and recognize Staff. He appreciates yourpresentation,and we would adopt that into our presentation also. He said prior to construction,the setbacks and buffers were less, and a lot of what has happened at this property is there has been development by Huntersvillethat has grown up next to it,and sothat is what has triggered alot ofthesenewincreasedbuffers and setbacksthat would be applied to this property under the outdoor uses that we are proposingtoday. He said this is a picture of thePlat,this is our Exhibit1. This is actually thePlatfrom2005, showing the buffersthat existed on thispropertyprior to construction of the swimming facility. On the western sidehebelieves it is about 32 feet,on the northern and eastern sideitwas about 16 feet. When this property went through rezoning for the development that exist today, those were the buffers that applied. So, you can see the building,because it was only proposedasan indoor facility,was put right dead centerin the middle of the property,and although aswe will get into it, itappears thatthere were some future plans to use it foroutdoor. At the time that thiswas built,it was justan indoor facility. So, just touched onunder the old codeis whenthis was developed. In 2012,he believes that Mr. Collins confirmed with us that the current use that we are looking at for the outdoor uses along with indoor is swim club, tennis club and country club. That is kindof the best thingthatwe fit under. He does not think we are going to be confused ascountry club but that is the closest under the Zoning Ordinance that we fit. With that comes the 200-footsetbackinthe increased buffers. My clients purchased this property in 2016.When they purchased the property,they were actually provided a prospectusabout this property and at thattime the owners that sold the property advertised this as a great place to have outdoor usesand outdoor pools. 12