AGENDA CLAYTON BOARD OF ADJUSTMENT

JULY 16, 2014 6:00 P.M.

CLAYTON TOWN HALL 111 East Second Street, Clayton NC

I. ROLL CALL

II. ANNOUNCEMENT OF QUORUM / VOTING MEMBERS

III. ADJUSTMENTS TO AGENDA

IV. APPROVAL OF MAY 21, 2014 MINUTES

V. SWEARING IN OF PERSONS WISHING TO TESTIFY

VI. NEW BUSINESS

A. BOA 2014-68: Internet Café at 11514 US 70 Bus Hwy W Royal Grand. Request by Insook Kye for a Conditional Use Permit to allow a Video Sweepstakes Operation at the Royal Grand Shopping Center (11514 US 70 Bus Hwy W), as required per Section 155.202(B)(2) of the Town of Clayton Unified Development Code; parcel number 165915-72-0709.

VII. OLD BUSINESS

VIII. REPORTS/PUBLIC COMMENT

IX. ADJOURN

MINUTES OF THE TOWN OF CLAYTON BOARD OF ADJUSTMENT

MAY 21, 2014 A regular meeting of the Town of Clayton Board of Adjustment was held on Wednesday, May 21, 2014 , at 6:00 PM in the Town Council Chambers, 111 East Second Street. Board members present: Ralph Crabtree, Tom Medlin (arrived at 6:03 PM), Donna White (ETJ), Johnny House (ETJ), Mark Helmer [Alt], Matt Evans, Bill Wenzel (ETJ) [Alt], and Gary Jewell (ETJ). Board members absent: Michael Orlowski Staff present: Emily Beddingfield, Planner; Stephanie Lanzolla, Admin. Support Specialist; Stacy Beard, Public Information Officer; and Jamie Schwedler, Town Attorney. I. CALL TO ORDER: The Board of Adjustment meeting was called to order at 6:02 PM. As the chair and vice-chair were not present, Ms. Donna White motioned for Mr. Matt Evans to chair the meeting. Mr. Johnny House seconded the motion. Motion carried unanimously at 6:03 PM. Roll was taken at 6:04 PM. II. ANNOUNCEMENT OF QUORUM/VOTING MEMBERS: Vice-Chair Tom Medlin stated there is a quorum. The following members of the Board of Adjustment will be voting this evening: Ralph Crabtree, Tom Medlin, Donna White (ETJ), Johnny House (ETJ), Mark Helmer [Alt], Matt Evans, and Gary Jewell (ETJ). III. ADJUSTMENTS TO THE AGENDA: Planning Director David DeYoung requested the addition of the January 15, 2014, Board of Adjustment meeting minutes for action by the Board of Adjustment under Approval of the Minutes.

Draft BOA Minutes, 6/05/2014

Pending Board of Adjustment Approval

BOA Minutes- May 21, 2014 Page 2 of 6 IV. APPROVAL OF MINUTES: Mr. Matt Evans motioned to approve the January 15, 2014, meeting minutes and the February 19, 2014, meeting minutes as presented. Mr. Johnny House seconded the motion. Motion carried unanimously at 6:05 PM. V. SWEARING IN OF STAFF AND ALL PERSONS WISHING TO TESTIFY: Administrative Support Specialist Stephanie Lanzolla swore in all persons wishing to testify. Town Attorney Jamie Schwedler introduced the evidentiary hearing procedures used by the Board of Adjustment; hereafter the Board. Town Attorney Schwedler stated the Board is serving a quasi-judicial function, meaning the Board would act essentially as a court of law. She stated there is a burden on the applicant to meet the criteria as found in the Unified Development Ordinance of the Town Code of Ordinances. She added anyone opposed to the application would have to put on evidence of a similar kind, showing the criteria have not been met. She stated all testimony and evidence provided to the Board must be under oath. She stated all testimony and evidence provided to the Board must be competent and material and substantial. She stated pursuant to the North Carolina General Statutes, competent evidence does not include opinion testimony of lay witnesses on certain matters. Town Attorney Schwedler stated hearsay evidence will not be admitted. She stated the Board will find the criteria contained in the Unified Development Code and make its decision based on the evidence and testimony presented at the hearing. Town Attorney Schwedler stated her role during the hearing is to monitor all evidence and testimony and to ensure it complies with North Carolina law, Town’s Code and procedures and all other applicable requirements. VI. NEW BUSINESS:

A. BOA 2014-48: Request by Triangle Civil Works PA for a variance from side yard setback requirements in the I-1 Zoning District as noted in Section 155.203 of the Town of Clayton Unified Development Code, located at the Grifols Therapeutics site at 8368 US 70 Bus Hwy W; parcel number 167800-21-5181.

Town Planner Emily Beddingfield presented a PowerPoint presentation of BOA 2014-48 for a variance request; herewith attached and incorporated into the record. Town Planner Beddingfield stated request BOA 2014-48 is for a variance for the project known as Grifols West Warehouse. She stated the request is for a variance from the minimum side setback requirements to allow an enclosed corridor and a stairwell to encroach into the side setback requirements. She

DRAFT BOA Minutes, 6/05/2014 Pending Approval by the Board of Adjustment.

BOA Minutes- May 21, 2014 Page 3 of 6 stated the project is located within the Industrial Light Zoning District, I-1, and it requires a 20 foot minimum interior side setback. She stated the request is supporting an associated 56,000 square foot west warehouse building. She stated the site plan is currently under review and will be moving forward to the Planning Board next month. She stated that portion of the site plan, which is affected by this request, is contingent upon approval of this variance. She provided the following overview: Section 155.203 (K) (2) (a), table 2-5 Minimum side interior setback is 20 feet Applicant requesting portions of the enclosed corridor and stairwell area to

encroach up to five feet from the side setback for a 15 foot variance request Setback encroachment has been minimized Majority of corridor and warehouse meets the setback requirements Request allows the enclosed corridor to connect with the existing warehouse

(southeast of the project) Described a doorway located near the property line Stairwell entrance is a handicap entrance and a platform was built out for a

raised doorway All of the existing buildings already encroach into the setback Previously this was all one site and all the buildings could be up next to each

other and on the existing property line Displayed a rendering of the proposed site plan and associated parking area Described the two areas requesting setback encroachments

o One on the right is where the corridor provides entry into the existing warehouse

o One on the left is where the handicap ramp is located to provide access from the parking lot into the proposed warehouse building

Town Planner Emily Beddingfield stated the applicant has addressed the four findings of fact. She stated those were accepted by staff as part of a complete application and made part of the public record as Exhibit A of the staff report. She stated staff is not recommending any conditions associated with this request. She stated she is available to answer questions and she added the applicant is in attendance. Mr. Bill Wenzel questioned if this is a phase or stage of future expansion. He stated the property is pretty well built out. He questioned if there will be future development or future building plans that may cause need for another variance. Town Planner Beddingfield stated it is her understanding they plan to continue to expand and build at the Grifols site. She stated as to whether or not that will necessitate further variances will depend upon the individual site plan. Mr. Johnny House questioned if a chain link fence separates the two parcels. An unidentified person stated yes.

DRAFT BOA Minutes, 6/05/2014 Pending Approval by the Board of Adjustment.

BOA Minutes- May 21, 2014 Page 4 of 6 Mr. Dan Simmons of Triangle Civil Works stated he is representing Grifols. He stated the first encroachment is for a handicap ramp. He stated the handicap parking for the parking lot is on that side. He stated to give handicap persons access, the ramp needs to be installed. He stated the corridor itself is to be built 20 feet off to meet the setback requirement. He stated the setback will be encroached with the handicap ramp to give access to the corridor and then people can go east to the existing warehouse or to the existing receiving area or to the new warehouse. He stated the purpose of the corridor is to provide an enclosed environmentally protected area to move product from the existing warehouse or the existing plasma receiving area into the new warehouse. He stated the encroachment on the other side is to get an existing doorway to allow foot traffic and stay in the enclosed environment. He stated he is available for questions. Mr. Mark Helmer questioned if this is for an elevated structure. Mr. Simmons stated it is on grade. He stated the warehouse itself has a docking facility on the north side. He stated the west side of the warehouse will be at grade and slopes toward the plasma receiving area. He stated where the ramp is and to maintain a level floor inside the warehouse, that ramp sits about four feet high off existing grade to tie into the new warehouse and it is at grade for where it ties to the existing warehouse. He stated that is the reason for the handicap ramp and to meet the ADA requirements. Mr. Bill Wenzel questioned if there is any other way to design it to make it a two tier ramp. Mr. Simmons stated under ADA requirements, the ramp can be sloped at one-foot rise for every 20 foot horizontal. He stated the ramp will be designed to meet the minimum ADA requirements. He stated handrails will be included because it is elevated. He stated inside the enclosed corridor will be product being moved with a forklift. He stated there will be a designated area for the forklift and a designated area for pedestrians. Vice-Chair Tom Medlin questioned if anyone was here to speak in opposition of the variance request. Based on question by a member, Planning Director David DeYoung stated no one expressed opposition. He stated Hospira is the only adjacent neighbor. He stated both the Hospira and the Grifols warehouse buildings encroach into the side setbacks. Mr. Bill Wenzel questioned the approximate capital investment for the campus. Planning Director DeYoung stated Grifols continues to expand the campus. He

DRAFT BOA Minutes, 6/05/2014 Pending Approval by the Board of Adjustment.

BOA Minutes- May 21, 2014 Page 5 of 6 stated the campus is one of three in the USA – California, New York and North Carolina – and the North Carolina site may surpass the largest facility in the USA which is the California site. He stated this is one portion of the campus. He stated the buildings will continue to be added. He stated there is a large investment to the [North Carolina] facility. Based upon question by a board member, Planning Director DeYoung stated he does not see Grifols building near US 70 Business Highway. He stated Grifols has purchased additional property on the other side of the railroad. He stated the parking lot to the east goes across the railroad tracks with an access road and Grifols has a fracuation facility and plasma warehouse which is cold storage. He stated this is a large facility. He stated conversations with Grifols indicated continued expansion for this site. Vice-Chair Tom Medlin motioned that the applicant meets the findings: 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 personal circumstances, as well as hardships resulting from conditions that are common to the neighborhood or the general public, may not be the 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.

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

Mr. Matt Evans seconded the motion. All Board of Adjustment members voted in favor of the motion to grant a variance for request BOA 2014-48 at 6:21 PM. VII. OLD BUSINESS No old business was presented to the Board of Adjustment. VIII. REPRORTS/COMMENTS No reports / comments were presented to the Board of Adjustment. IX. ADJOURN

DRAFT BOA Minutes, 6/05/2014 Pending Approval by the Board of Adjustment.

BOA Minutes- May 21, 2014 Page 6 of 6 Vice-Chair Tom Medlin motioned to adjourn. Mr. Matt Evans seconded the motion. Motion passed unanimously at 6:21 PM. Duly adopted by the Board of Adjustment this day of 2014 while in regular session.

________________________________________ Michael Orlowski, Chairman _________________________________ Sherry L. Scoggins, MMC Town Clerk

DRAFT BOA Minutes, 6/05/2014 Pending Approval by the Board of Adjustment.

Board of Adjustment

July 16, 2014

STAFF REPORT

Application Number: BOA 2014-68 (Conditional Use Permit) Project Name: Internet Café at 11514 B US 70 Busy Hwy W NC PIN: 165915-72-0709 Town Limits/ETJ: Town Limits Overlay: Thoroughfare Overlay District Applicant: Insook Kye Owners: Mohamed & Sons Neighborhood Meeting: Held June 25, 2014 Public Noticing: Property posted July 7th

Mailed Notices mailed July 3rd Published notice placed as required per Section 155.702(D)(2)(a) of the UDC

PROJECT LOCATION: The project is located in the Royal Grand shopping center, located at 11514 US 70 Bus Hwy W, approximately 1/10 mile east of the intersection of Moore St and US 70 Bus Hwy W. REQUEST: The applicant is requesting approval of a Conditional Use Permit to allow Video Sweepstakes Operations business at 11514 US 70 Bus Hwy W, within the Royal Grand shopping center. SITE DATA:

Acreage: 1.37 acres

Present Zoning: B-3 (Highway Business)

Existing Use: Commercial (storefront is vacant)

DEVELOPMENT DATA:

Proposed Uses: Video Sweepstakes Operations

Buildings: One building. Business is in a 1,400 SF storefront within a 12,053 SF multi-tenant building.

# of Machines: 45

Square footage: 1,400 SF

Town of Clayton Planning Department

111 E. Second Street, Clayton, NC 27520 P.O. Box 879, Clayton, NC 27528

Phone: 919-553-1545 Fax: 919-553-1720

Page 1 of 4

Required Parking: 15 spaces (1 space per 200 SF or 1 space per 3 seats, whichever is greater. In this case 45 seats/3 = 15)

Proposed Parking: Utilizing existing parking. The site has 36 parking spaces available. See staff analysis, below.

Access/Streets: Access is off of US 70 Bus Hwy W. No site modifications are proposed.

ADJACENT ZONING AND LAND USES: North: Zoning: Residential-8 (R-8)

Existing Use: Residential South: Zoning: Highway Business (B-3) Existing Use: Commercial (Urgent Care/Clayton Crossings Shopping Center) East: Zoning: Highway Business (B-3) Existing Use: Commercial (Multi-Tenant) West: Zoning: Highway Business (B-3) Existing Use: Commercial (BB&T) STAFF ANALYSIS AND COMMENTARY: Overview The applicant is requesting approval of a Conditional Use Permit to allow a Video Sweepstakes Operations business at the Royal Grand Shopping Center, within one of the vacant commercial spaces available. Per Section 155.202(B) of the Unified Development Code, a Conditional Use Permit is required to operate Video Sweepstakes Operations in the Town.

Royal Grand Shopping Center

Page 2 of 4

Video Sweepstakes Operations are defined in the UDC (Section 155.305(GG)) as follows: “Any business enterprise, whether as a principal or accessory use, where persons utilize electronic machines, including but not limited to computers and gaming materials, to conduct games of chance, including sweepstakes, and where cash, merchandise or other items of value are redeemed or otherwise distributed, whether or not the value of such distribution is determined by electronic games played or by predetermined odds. This term includes, but is not limited to internet cafes, internet sweepstakes, and cybercafes. This does not include any lottery approved by the State of North Carolina.” The code also sets the following restrictions:

1) Unaccompanied persons under the age of 18 are prohibited from entering the premises. 2) The hours of operation shall be limited to Sunday through Thursday 9 am to 1am and Friday and

Saturday 9am to 2am. 3) A maximum of up to 100 machines may be permitted at each establishment subject to the conditional

use permit approval process.

The applicant has requested the following: 1) # of Machines: maximum of 45

The applicant has also noted they expect approximately 4 to 5 total employees. State Law related to Internet Sweepstakes The applicant has indicated they fully intend to operate within the confines of State laws and will comply with any state and local regulations that apply to internet sweepstakes, now or in the future. The issuance of a Conditional Use Permit is not evidence that the Town has determined the applicant is operating within the state law. Parking Considerations Based on current parking requirements, the subject site is non-conforming in terms of the number of required spaces. With approximately 12,000 SF of commercial space, at a basic rate of 1 space per 200 SF (required for retail and service uses), 60 spaces would be required. With just 36 existing spaces available, the site will remain non-conforming since there is no available land to increase the number of parking spaces. It is the opinion of staff that this use will not generate the need for more parking than any other typical use that might locate in this shopping center. Consequently, the parking deficiency is pre-existing and staff does not expect that this business will create any additional parking concerns. Consistency with the Unified Development Code The proposed development is consistent with and meets the applicable requirements of the Unified Development Code (UDC), so long as the Conditional Use Permit is approved. Compatibility with Surrounding Land Uses The use is compatible with the surrounding uses in the multi-tenant building (retail, service, restaurant).

Landscaping and Buffering No additional landscaping or buffering is required.

Page 3 of 4

Signs All signage will be required to comply with Town of Clayton UDC requirements. Waivers/Deviations/Variances from Code Requirements None. CONSIDERATIONS: The Board of Adjustment approves Conditional Use Permits.

FINDINGS: When considering a Conditional Use Permit application, The Board of Adjustment shall consider specific Findings of Fact. A Conditional Use which fails to meet any of these Findings shall be deemed adverse to the public interest and shall not be approved. The applicant has addressed the Findings expressly established by Chapter 155.710 (G) of the UDC. Please refer to “Attachment 1” for the applicant’s response. CONDITIONS: Staff recommends that if the Board of Adjustment reaches positive conclusions on the required findings of fact, the approval of the petition be subject to the following conditions:

1. The hours of operation shall be limited to Sunday through Thursday 9 am to 1am and Friday and Saturday 9am to 2am.

2. Unaccompanied persons under the age of 18 are prohibited from entering the premises.

3. Prior to the issuance of a Privilege License, the applicant shall provide a final floor plan identifying the number of seats provided in the facility for gaming. This facility is limited to a maximum of 45 seats/machines.

ATTACHMENTS: 1) Findings of Fact, 2) Aerial and Zoning Map, 3) Application Materials, 4) Neighborhood Meeting Materials

Page 4 of 4

Attachment 1: Findings of Fact for BOA 2014-68

US 70 BUS HWY W

CARTER ST

Disclaimer: Town of Clayton assumes no legalresponsibility for the information represented here.

Conditional Use Permit request for Video Sweepstakes Operations

Produced by: TOC Planning

Applicant: Insook KyeProperty Owners: Mohamed & SonsParcel ID Number: 165915-72-0709File Number: BOA 2014-68

7/2/14

US 70 BUS HWY W

MOORE ST

BROOK ST

ROBERTSON ST

KENMORE DR

CHARLES ST WILLOW DR

PARK DR

CARTER ST

0 0.0850.0425 Miles

B-3

B-3

R-8

R-8

R-8

B-3

O-I

R-8

I-1

US 70 BUS HWY W

CARTER ST

MOORE ST

CHARLES ST

CANDLEWOOD DR

±

Vicinity Map

Existing ZoningAerial Image

0 0.060.03Miles

0 0.0250.0125 MilesLegend

Royal Grand Shopping Center

B-3

NEIGHBORHOOD MEETING MATERIALSFOR BOA 2014-68

June 13, 2014 Re: Town of Clayton Land Use Proposal Application Dear Clayton Property Owner: This letter is to notify you of an application filed with the Town of Clayton for a land use proposal involving property adjacent, or in close proximity, to property for which you are shown as the owner according to Johnston County tax records. Per Town of Clayton regulations, a neighborhood meeting will be held to provide information to area residents and businesses regarding the nature of the proposal. A representative of the applicant will be present to explain their application, answer questions, and solicit comments.

Meeting Date: Wednesday June 25, 2014

Time: 6:30 PM

Location: 11514 US Hwy 70 W, Clayton NC 27520

Type of Application: Conditional Use Permit

General Description: applicant is seeking approval to open an Internet Sweepstakes business

If you have any questions prior to or after this meeting, please contact us at Sincerely, Chong “John” Son Applicant cc: Clayton Planning Department

NAME1 NAME2 ADDRESS1 ADDRESS2 CITY STATE ZIPCODEBB&T PROPERTY TAX COMPLIANCE PO BOX 167 WINSTON-SALEM NC 27102-0167BELIZAIRE, BERENICE 48-55 43RD STREET APT 7H WOODSIDE NY 11377-0000BENSON TIMBER SERVICES INC PO BOX 279 BENSON NC 27504-0279BUNN, KEVIN L 214 DORY LANE CLAYTON NC 27520-0000CLAYTON CROSSINGS ASSOCIATION PO BOX 534 KITTRELL NC 27544-0534CLAYTON CROSSINGS HOLDINGS LLC PO BOX 1354 CLAYTON NC 27528-1354COATS, JACKIE RAY COATS, JUDY FIELDS P O BOX 657 CLAYTON NC 27528-0000COATS, JACKIE RAY & JUDY KING, ROGER JR & PO BOX 562 CLAYTON NC 27520-0000EAST, LILLIAN H LIFE ESTATE FLEMING, GEORGE MILTON JR RM & 1809 PARK GROVE PL NW CONCORD NC 28027-8056HAYES, J THOMAS HAYES, VIRGINIA L 4957 RALEIGH RD PARKWAY W WILSON NC 27896-0000KAN D HOLDINGS LLC PO BOX 495 CLAYTON NC 27528-0495MOHAMED & SONS INC PO BOX 1236 SMITHFIELD NC 27577-0000NKHBM LLC 23 GLEN LAUREL RD CLAYTON NC 27527-0000STIREWALT, KEITH E STIREWALT, ROBIN M 102 SPIVEY CT CARY NC 27513-0000TRAFFIC ROAD INVESTMENTS LLC 235 GEORGETOWN WOODS DR YOUNGSVILLE NC 27596-7619VISION PROPERTY HOLDINGS LLC 705 WESTBROOK AVE DUNN NC 28334-2612VOIGT, JAMES I VOIGT, RACHEL W 2222 MARKET ST WILMINGTON NC 28403-1132

PROPERTIES WITHIN 100 FEET OF 11514 US 70 BUS HWY WBOA 2014-68

±

Properties within 100 feet of 11514 US 70 Bus Hwy W