LINCOLN COUNTY PLANNING & INSPECTIONS DEPARTMENT

LINCOLN COUNTY PLANNING & INSPECTIONS DEPARTMENT 302 NORTH ACADEMY STREET, SUITE A, LINCOLNTON, NORTH CAROLINA 28092 7047368440 OFFICE 7047368434 INSPECTION REQUEST LINE 7047329010 FAX To: Board of Commissioners Planning Board From: Randy Hawkins, Zoning Administrator Date: July 12, 2013 Re: CZ #20132 John Coughlin, applicant Parcel ID# 89431 The following information is for use by the Lincoln County Board of Commissioners and the Planning Board at their joint meeting/public hearing on August 5, 2013. Request The applicant is requesting the rezoning of a 0.9acre parcel from BN (Neighborhood Business) to CZ BG (Conditional Zoning General Business) to permit a twounit commercial development that would include a fastfood restaurant (Dunkin Donuts). Under the Unified Development Ordinance, a fastfood restaurant is a permitted use in the BG district but not in the BN district. Under the regulations for the Eastern Lincoln Development District, a restaurant is a conditional use if the site is located adjacent to or within 100 feet of a residential zoning district. If this rezoning request is approved, the use of the property would be subject to the approved plan and any conditions mutually approved by the county and the applicant. Site Area & Description This property is located on the west side of N.C. 16 Business about 600 feet north of Townsend Drive. It is adjoined by property zoned BN, IG (General Industrial), RSF (Residential SingleFamily) and RCR (Residential and Commercial/Recreational). Land uses in this area include business, residential and industrial. This property is part of an area identified by the NC 16 Corridor Vision Plan as the South Triangle community center, where services and activities for the surrounding area are recommended to be concentrated.

Variance Request The applicant has requested a variance from Section 2.5.1.H.3 of the Unified Development Ordinance to permit a road yard setback of 115 feet for the proposed building. Section 2.5.1.H.3 states that in the Eastern Lincoln Development District, the maximum road yard setback is 90 feet. The Zoning Board of Adjustment is scheduled to hold a public hearing and act on the variance request on July 22. Environmental This property is located in the Critical Area of the Catawba/Lake Norman Watershed. Because the proposed project would disturb 20,000 square feet or more of land and require an erosion control plan, it is subject to the following limits on impervious coverage: 24% by right or 50% under the highdensity option. An impervious area of 47.6% is proposed for this project. This would require engineered stormwater controls and a watershed conditional use permit. If the rezoning request is approved, stormwater plans will be reviewed through a separate process that includes a public hearing. Additional Information Permitted uses Under current zoning: retail sales, offices, services, restaurant (other than fast food), etc. Under proposed zoning: fast food restaurant, retail sales, offices, services, etc. Adjoining zoning and uses East (opposite side of N.C. 16 Business): zoned RCR, large lot with residence on it. South: Zoned BN, undeveloped lot to share driveway with this lot. West: zoned IG, service shop. North: zoned BN and RSF, multitenant commercial building and residences. Required buffers Class C buffer along portion of north side abutting residential district Class A buffer along highway and along portion of north side abutting BN district Traffic The average daily traffic count on N.C. 16 Business in this area is approximately 20,000 vehicles, according to 2010 figures. Planning Staff s Recommendation Staff recommends approval. See proposed statement on following page for rationale.

LINCOLN COUNTY PLANNING & INSPECTIONS DEPARTMENT 302 NORTH ACADEMY STREET, SUITE A, LINCOLNTON, NORTH CAROLINA 28092 7047368440 OFFICE 7047368434 INSPECTION REQUEST LINE 7047329010 FAX Zoning Amendment Staff s Proposed Statement of Consistency and Reasonableness Case No. CZ #20132 Applicant John Coughlin Parcel ID# 89431 Location west side of N.C. 16 Business, 600 feet north of Townsend Drive Proposed amendment Rezone from BN to CZ BG to permit twounit commercial development with fastfood restaurant This proposed amendment is consistent with the Lincoln County Comprehensive Land Use Plan and other adopted plans in that: This property is part of an area designated by the NC 16 Corridor Vision Plan as the South Triangle community center, where services and activities for the surrounding area are recommended to be concentrated. This proposed amendment is reasonable and in the public interest in that: This is an existing business area. This property is adjoined by a commercial development. Because this is a conditional rezoning, the development of this property will be subject to the approved plan.

LINCOLN COUNTY PLANNING & INSPECTIONS DEPARTMENT 302 NORTH ACADEMY STREET, SUITE A, LINCOLNTON, NORTH CAROLINA 28092 7047368440 OFFICE 7047368434 INSPECTION REQUEST LINE 7047329010 FAX Community Involvement Meeting Report CZ #20132 John Coughlin, applicant A community involvement meeting on this rezoning request was held on July 11, 2013, at the East Lincoln Community Center. Dunkin Donuts developer John Coughlin talked about the plans. In attendance at the meeting were Gordon Hirshman, who lives on Pine Lake Road; Sarah Maxine Black, who lives across the road from the site; realtor Linda Cantelmi; reporter Melissa Gute of the Denver Weekly, and Planning Board chair Christine Pointsette. Following is a summary of the comments. John Coughlin said he initially looked at developing the adjoining lot to the south, but it didn t work because of the required common driveway for the two lots. The N.C. Department of Transportation is requiring a deceleration lane. Because the property is located in the Lake Norman watershed, a water quality area is required. These requirements mean the building needs to be moved back on the lot farther than the maximum setback (90 feet) for the Eastern Lincoln Development District. A hearing is scheduled July 22 on a requested variance to allow a setback of 115 feet. A tenant for the other unit hasn t been lined up yet. If all goes well, construction will get started before the end of the year. The project will take about 120 days to complete. Gordon Hirshman said he s concerned that the deceleration lane is inadequate and that vehicles slowing to turn into the location will be rearended. He also thinks vehicles exiting the location should be restricted from turning left on N.C. 16 Business for safety reasons.

Map with Parcel Information http://gis_arcims/website/lcproperty2/print.asp Page 1 of 1 7/3/2013 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: 7/3/2013 Scale: 1 Inch = 100 Feet PHOTOS PARCEL INFORMATION FOR 4602684484 Parcel ID 89431 Owner TOO PONDS LLC Map 460202 Mailing PO BOX 99 Account 0210915 Address LINCOLNTON NC 28093 Deed 2025616 Recorded 4/10/2008 Sale Price 0 Land Value $297,292 Total Value $297,292 Previous Parcel 30000 All values are for tax year 2013. Subdivision Lot 1 TOO PONDS LLS RECOMBINATION Plat 15212 Description 1 TOO PONDS LLC RECOMB Deed Acres 0.99 Address N NC 16 HWY Tax Acres 0.9 Township CATAWBA SPRINGS Tax/Fire District EAST LINCOLN / EL SEWER Improvement No Improvements Zoning Calculated Voting Precinct Calculated Acres District Acres TRIANGLE (TR30) 0.91 BN 0.91 Watershed Class Not in a watershed 0.01 Sewer District In the sewer District 0.91 WSIVC 0.9 2000 Census County Tract Block 37109 071100 2016 0.76 37109 071200 4028 0.15 Flood Zone Description Panel X NO FLOOD HAZARD 3710460200 0.91

Map with Legend http://gis_arcims/servlet/com.esri.esrimap.esrimap?servicename=lcov&form=true&enc... Page 1 of 1 7/3/2013 Scale: 1 Inch = 400 Feet LINCOLN COUNTY GIS Wed Jul 3 09:16:35 EDT 2013 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

DENVER DUNKIN DONUTS DENVER, NC PC # ROGER LAYMAN ARCHITECTURE 455 SOUTH MAIN ST SUITE 220 DAVIDSON, NC 28036 ph. 704.439.2931 RLArchitecture.com THIS DRAWING IS THE PROPERTY OF ROGER LAYMAN ARCHITECTURE, PC AND IS NOT TO BE COPIED OR REPRODUCED IN PART OR WHOLE WITHOUT PERMISSION. REVISIONS NO. DATE DESCRIPTION.. DATE PROJECT # SCALE DRAWN BY 01.24.13. NOT FOR CONSTRUCTION A201

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