COUNTY OF LINCOLN, NORTH CAROLINA

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1 COUNTY OF LINCOLN, NORTH CAROLINA 302 NORTH ACADEMY STREET, SUITE A, LINCOLNTON, NORTH CAROLINA PLANNING AND INSPECTIONS DEPARTMENT OFFICE FAX To: George Wood, county manager From: Randy Hawkins, zoning administrator Date: July 21, 2009 Re: CUP #289 Denver United Methodist Church, applicant Parcel ID# The following information is for use by the Lincoln County Board of Commissioners and Planning Board at their joint meeting/public hearing on August 3, REQUEST The applicant is requesting a conditional use permit to allow private outdoor recreational facilities, specifically, lighted ballfields, in the R-SF (Residential Single- Family) district. Under the Zoning Ordinance, private (that is, privately owned) outdoor recreation facilities are permitted in the R-SF district subject to the issuance of a conditional use permit. SITE AREA AND DESCRIPTION The 3.4-acre parcel is located on the south side of Cedar Street about 300 feet north of Hwy. 16. It is adjoined by property zoned R-SF and B-N (Neighborhood Business). Land uses in this area include a manufactured home park, single-family homes and businesses. The Lincoln County Land Use Plan classifies this area as Mixed Residential Commercial, an area intended to become a mixed-use village consisting of higherdensity residential uses and associated office and retail uses.

2 CONDITIONAL USE PERMIT REQUIREMENTS Section of the Zoning Ordinance requires that four findings be determined by the Board of Commissioners in deciding whether to approve a conditional use permit: 1. The use will not materially endanger the public health or safety if located where proposed and developed according to plan, and 2. The use meets all required conditions and specifications, and 3. The use will not substantially injure the value of adjoining or abutting property unless the use is a public necessity, and 4. The location and character of use, if developed according to the plan as submitted and approved, will be in harmony with the area in which it is located and will be in general conformity with the approved Land Development Plan for the area in question. STAFF RECOMMENDATION Staff recommends approval with the following conditions: 1) The lights on the soccer field and the softball field shall not remain on past 9 p.m. 2) A row of Leyland cypresses shall be planted along the church s property line at the rear of the soccer field. The trees shall be a minimum of 8 feet in height at planting and shall be spaced a maximum of 3 feet apart.

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6 LINCOLN COUNTY PLANNING BOARD'S RECOMMENDATIONS ON FINDINGS OF FACT FOR A CONDITIONAL USE PERMIT Application # Applicant Name Applicant Address CUP #289 Date August 3, 2009 Denver United Methodist Church 3910 Hwy. 16 N., Denver, NC Property Location between Cedar Lane and Hwy. 16 Existing Zoning R-SF Proposed Conditional Use lighted ballfields (private outdoor recreation facilities) FINDINGS OF FACT 1. The use will not materially endanger the public health or safety if located where proposed and developed according to plan. YES NO FACTUAL REASON CITED: 2. The use meets all required conditions and specifications. YES NO FACTUAL REASON CITED: 3. The use will not substantially injure the value of adjoining or abutting property unless the use is a public necessity YES NO FACTUAL REASON CITED: 4. The location and character of use, if developed according to the plan as submitted and approved, will be in harmony with the area in which it is to be located and will be in general conformity with the Land Use Plan for the area in question. YES NO FACTUAL REASON CITED: After having held a Public Hearing on listed herein, the following action was taken by the Lincoln County Planning Board: and in light of the Findings of Facts In recommending such Conditional Use Permit, the following conditions were recommended by the Lincoln County Planning Board:

7 Map with Parcel Information Page 1 of 1 6/30/2009 Lincoln County, NC Office of the Tax Administrator, GIS Mapping Division Lincoln County and its mapping contractors assume no legal responsibility for the information contained on this map. This map is not to be used for land conveyance. The map is based on NC State Plane Coordinate System 1983 NAD. Date: 6/30/2009 Scale: 1 Inch = 250 Feet PHOTOS PARCEL INFORMATION FOR Parcel ID Owner DENVER UNITED METHODIST CHURCH Map Mailing 3910 N HWY 16 Account Address PO BOX 661 DENVER NC Deed Recorded 2/3/2004 Sale Price $80,000 Land Value $68,080 Total Value $68,080 Previous Parcel All values are for tax year Description VACANT TRK SEE PAR #60265 Deed Acres 5.26 Address CEDAR ST Tax Acres 3.4 Township CATAWBA SPRINGS Tax/Fire District DENVER / EL SEWER Improvement No Improvements Parcel ID Owner DENVER UNITED METHODIST CHURCH Map Mailing 3910 N HWY 16 Account Address PO BOX 661 DENVER NC Deed Recorded 2/3/2004 Sale Price $80,000 Land Value $30,024 Total Value $30,024 Previous Parcel All values are for tax year Description VACANT TRK SEE PAR #82454 Deed Acres 5.26 Address CEDAR ST Tax Acres 1.66 Township CATAWBA SPRINGS Tax/Fire District DENVER Improvement No Improvements Zoning Calculated Voting Precinct Calculated Acres District Acres DENVER (DN29) 5.07 R-SF 5.07 Watershed Class WS-IVP 5.07 East Lincoln Sewer District Not in the sewer district Census County Tract Block Flood Zone Description Panel X NO FLOOD HAZARD

8 Map with Legend Page 1 of 1 7/10/2009 Scale: 1 Inch = 400 Feet LINCOLN COUNTY GIS Fri Jul 10 14:55:09 EDT 2009 Lincoln County and its mapping contractors assume no legal responsibility for the information contained on this map. This map is not to be used for land conveyance. The map is based on NC State Plane Coordinate System 1983 NAD. Lincoln County, NC Office of the Tax Administrator, GIS Division

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