To open the public hearing.
Mr. Nestor gave an in-depth explanation of the series of events leading to the question on Council's agenda, please see the attached memo for this timeline of events. In short, he explained that the concept of a Village Center District along New Town Road first appeared in the 2004 version of the Village's Land Use Plan. Throughout the years to come, future documents would reference this district with various recommendations for what areas should constitute the district and the various uses of said areas. He reviewed the 2019 Community Survey which found 54 percent of households supported the idea of the Marvin Heritage District. He then reviewed the studies completed by DFI and NCGrowth-SmartUp. He then reviewed the 2020 Land Use Plan, the Marvin Heritage District Small Area Plan, and the Form Based Code.
Following this recap, Councilmembers asked various questions of Mr. Nestor regarding the density and controlling mechanisms for ensuring that the density of the MHD as a whole is one unit per acre. They also asked about recent changes to the state law that restricted the ability of municipalities to regulate planning and zoning issues.
Chaplin Spencer, Village Attorney, explained that the NC General Assembly restricted the zoning authority of municipalities in recent years with the passage of NCGS 160D. In reaction to this change, many towns have opted to pursue conditional zoning, which provides a longer and harder process for applicants while Council retains control via legislative action.
Councilmembers then asked Mr. Nestor about the potential for the de-annexation of properties. Mr. Nestor explained that de-annexation is a state legislative decision that has occurred in Marvin in the past. He cited property near the Rea Road and Tom Short Road intersection.
Councilmembers Lein then asked Mr. Nestor to explain how the Marvin Heritage District is not considered high density. He explained that the number of homes in the Marvin Heritage District would be capped so that the number of homes does not exceed the acreage in the district.
Mr. Nestor then presented his report on the rezoning application submitted by Jones Homes. He explained that the proposal is for 68 homes on 47 acres. He clarified that the process ensures that all the information on the proposal is provided upfront so that the Council and the public would know exactly what is being proposed.
Mr. Nestor then reviewed the characteristics of the lots, including setbacks, lot size, etc. He noted that more than 40 percent of land has been dedicated to conservation and active recreational use. He also reviewed the tree preservation specifications, water and sewer connectivity, and additional aspects of the proposal. He then reviewed the series of public involvement meetings, and the review of the proposal by the PR&G and Planning Boards.
Councilmembers asked Mr. Nestor to clarify the number of entrances to the proposed subdivision. He explained that the proposal has only one public entrance; he noted that the western entrance initially proposed would be gated and only used for emergency access.
Mr. Nestor then reviewed the conditions outlined in the developer agreement, including those recommended by the Planning & PR&G Boards.
Public Comments
Eric Schachner, 608 White Tail Terrace: Mr. Schachner stated wanted to clarify that only 54 percent of respondents wanted a Heritage District, not 54 percent of households. He voiced his opposition to the proposal, wishing that they would construct less homes. He stated that the Village should amend the website to remove language about limiting higher density to age restricted neighborhoods. He then spoke about the new Village Hall's handicap ramps and the use of signage and logos.
Gary Carter, 1213 Larkridge Court: Mr. Carter asked Mr. Nestor about the fourth leg of the proposed roundabout at New Town and Marvin Road. He then suggested that the large traffic already streaming through Marvin would support a downtown, making the additional housing unnecessary. He then asked about the future development of the Lett property and allowable lighting. Mr. Carter later asked if the proposed pump station would create a stench. He asked that any smell be filtered.
Clayton Loflin, 1313 Haywood Park Drive: He, as a representative of Weddington Methodist Church, asked to stay informed of ongoing developments. He then spoke on the County's moratorium on approving developments that would require pump stations. He spoke on traffic concerns along New Town Road, encouraging to slow down on residential growth and freeze the project until Union County is able to increase its water/sewer capacity.
Malinda Daniel, 10410 New Town Road: Mrs. Daniel stated that a condition was left out of the developer agreement, feedback from Union County Public Schools on capacity. She then asked about the legal recourse of denying developments that are compliant with the regulations of the Marvin Heritage District. She stated that fear should not govern the decisions of the Council.
Gary Rose, 1209 Larkridge Court: Mr. Rose spoke on the density of the proposal. He noted that 4 parcels in the Marvin Heritage District are planned to be Commercial or Civic. He argued that these properties should not be considered the acreage calculation for the district's density.