COUNTY OF LINCOLN, NORTH CAROLINA 302 NORTH ACADEMY STREET, SUITE A, LINCOLNTON, NORTH CAROLINA 28092 PLANNING AND INSPECTIONS DEPARTMENT (704) 736-8440 OFFICE (704) 732-9010 FAX To: Alex Patton, Board of Commissioners Chairman George Wood, County Manager From: Randy Hawkins, Zoning Administrator Date: May 8, 2012 Re: Planning Board recommendations (05/07/12) CUP #308 Rose Gibson, applicant (Parcel ID# 12102, 12103, 74420 and 74421) A request for a conditional use permit to provide equine-assisted therapy in the R-R (Rural Residential) district. The proposed 53-acre site is located at 3525 Horseshoe Bend Trail, at the end of Horseshoe Bend Trail about a half mile feet south of Hwy. 182, in North Brook Township. The Planning Board voted 7-0 to recommend approval with the following conditions: 1) That the road be maintained in its current condition, with a review in six months and in one year. 2) That the schedule for clients be staggered so there s a 30-minute lapse between sessions. CUP #310 Kenneth Carpenter, applicant (Parcel ID# 17097) A request for a conditional use permit to place a Class B (doublewide) manufactured home in the R-S (Residential Suburban) district. The 12.5-acre parcel is located on the east side of Westfork Trail about 300 feet south of Laboratory Road in Lincolnton Township. The Planning Board voted 7-1 to recommend approval with the following condition: That the home have brick underpinning and meet all other requirements. CUP #311 Bobby Smith, applicant (Parcel ID# 84058) A request for a conditional use permit to operate an Internet sweepstakes center in the B-G (General Business) district in the Eastern Lincoln Development District. The 0.8-acre parcel is located at 1236 N NC 16 Hwy., on the east side of N.C. 16 Business about 900 feet south of Unity Church Road, in Catawba Springs Township. The Planning Board voted 6-2 to recommend the request be denied. PCUR #157 Damon Lusk, applicant (Parcel ID# 32374) A request for a parallel conditional use rezoning to rezone 1.3 acres from B-G (General Business) to CU I-G (Conditional Use General Industrial) to permit an office/warehouse for building material sales in the Eastern Lincoln Development District. The property is located on the north side of N.C. 16 Business about midway between its intersections with Denver Industrial Park Road in Catawba Springs Township. The Planning Board voted 8-0 to recommend approval.
ZMA #595 Living Word Ministries, applicant (Parcel ID# 50702) A request to rezone 2.7 acres acres from I-G (General Industrial) to R-T (Transitional Residential). The property is located at 1062 S. NC 16 Hwy., on the west side of N.C. 16 Business about 1,100 feet north of the Sifford Road intersection, in Catawba Springs Township. The Planning Board voted 8-0 to recommend approval. UDO Proposed Amendment #2012-2 Emil Tschudin and Floyd West, applicants. A proposal to amend Section 3.2.4.A of the Lincoln County Unified Development Ordinance so that road façade requirements would not apply to lots in the I-G district in subdivisions recorded prior to August 31, 2009, that do not front on an arterial or collector road. The Planning Board voted 8-0 to recommend approval.
LINCOLN COUNTY PLANNING BOARD S RECOMMENDATIONS ON FINDINGS OF FACT FOR A CONDITIONAL USE PERMIT Application No. CUP #308 Applicant Rose Gibson Property Location 3525 Horseshoe Bend Trail Zoning District R-R Proposed Conditional Use equine-assisted therapy (private recreational 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 7-0 The requested (site) for equine-assisted therapy is located on 53 acres with wellmaintained fencing and is surrounded by residential property. 2. The use meets all required conditions and specifications. YES 7-0 Under the UDO, the operation of a private recreation facility is a conditional use in the R-R district. 3. The use will not substantially injure the value of adjoining or abutting property unless the use is a public necessity. YES 7-0 Activities on the requested property will be conducted approximately 500 feet from the closest residence and has well-maintained fencing. 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 7-0 The county Land Use Plan designates this area primarily residential and this property will be in harmony and conformity to the Land Use Plan. After having held a Public Hearing on May 7, 2012, and in light of the Findings of Facts listed herein, the following action was taken by the Lincoln County Planning Board: voted 7-0 to recommend approval In recommending such Conditional Use, the following conditions were recommended by the Lincoln County Planning Board: 1) That the road be maintained in its current condition, with a review in six months and in one year. 2) That the schedule for clients be staggered so there s a 30-minute lapse between sessions.
LINCOLN COUNTY PLANNING BOARD S RECOMMENDATIONS ON FINDINGS OF FACT FOR A CONDITIONAL USE PERMIT Application No. CUP #310 Applicant Kenneth Carpenter Property Location Westfork Trail (Parcel ID# 17097) Zoning District R-S Proposed Conditional Use Class B (doublewide) manufactured home 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 8-0 It s on a 12-acre tract where the house is located. 2. The use meets all required conditions and specifications. YES 8-0 As proposed, brick underpinning is a condition. The difference between a Class A and a Class B mobile home is the roof pitch. 3. The use will not substantially injure the value of adjoining or abutting property unless the use is a public necessity. YES 7-1 The difference between the roof pitch is not enough to substantially injure the value of adjoining property. 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. This property is off Westfork Trail, not Laboratory Road, and it is surrounded by manufactured homes. After having held a Public Hearing on May 7, 2012, and in light of the Findings of Facts listed herein, the following action was taken by the Lincoln County Planning Board: voted 7-1 to recommend approval In recommending such Conditional Use, the following conditions were recommended by the Lincoln County Planning Board: that the home have brick underpinning and meet all other requirements
LINCOLN COUNTY PLANNING BOARD S RECOMMENDATIONS ON FINDINGS OF FACT FOR A CONDITIONAL USE PERMIT Application No. CUP #311 Applicant Bobby Smith Property Location 1236 N. NC 16 Hwy. (Parcel ID# 84058) Zoning District B-G, ELDD Proposed Conditional Use Internet sweepstakes center (amusement center) FINDINGS OF FACT 1. The use will not materially endanger the public health or safety if located where proposed and developed according to plan. NO 6-2 As stated by the clients of the building and the parents of children in the residential development. The time limits of the operation to 2 a.m. 2. The use meets all required conditions and specifications. YES 8-0 The center, as classified as an amusement center, is allowed as a conditional use in the General Business (B-G) district. 3. The use will not substantially injure the value of adjoining or abutting property unless the use is a public necessity. YES 4-4 The property on both sides is zoned General Business as is the property on the opposite side of the highway. 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. NO 6-2 The hours are extended into the early morning. The close proximity to the residential area. Businesses in that area seem to be more service-oriented. After having held a Public Hearing on May 7, 2012, and in light of the Findings of Facts listed herein, the following action was taken by the Lincoln County Planning Board: voted 6-2 to recommend the request be denied
LINCOLN COUNTY PLANNING & INSPECTIONS DEPARTMENT 302 NORTH ACADEMY STREET, SUITE A, LINCOLNTON, NORTH CAROLINA 28092 704-736-8440 OFFICE 704-736-8434 INSPECTION REQUEST LINE 704-732-9010 FAX Zoning Amendment Staff s Proposed Statement of Consistency and Reasonableness Case No. PCUR #157 Applicant Parcel ID# 84058 Location Proposed amendment Damon Lusk east side of N.C. 16 Business about midway between its intersections with Denver Industrial Park Road (Parcel ID# 32374) Rezone from B-G to CU I-G to permit building material sales This proposed amendment is consistent with the Lincoln County Comprehensive Land Use Plan and other adopted plans in that: This property is located in an area designated by the Land Use Plan as industrial. This proposed amendment is reasonable and in the public interest in that: This property is located in an area that is largely industrial. It is adjoined by property zoned I-G. Because this is a parallel conditional use rezoning, the use will be limited to building material sales and will be subject to the approved site plan and building elevations.
LINCOLN COUNTY PLANNING BOARD S RECOMMENDATIONS ON FINDINGS OF FACT FOR A CONDITIONAL USE PERMIT Application No. PCUR #157 Applicant Damon Lusk Property Location: N.C. 16 Business (Parcel ID# 80383) Proposed Conditional Use building material sales Proposed zoning CU I-G FINDINGS OF FACT 1. The use will not materially endanger the public health or safety if located where proposed and developed according to plan. Because the proposed parallel conditional zoning is located in the WS-IV Protected Area and proposes 68% impervious surface, this site will required engineered stormwater controls and a watershed conditional use permit, an erosion control plan, and stormwater plans reviewed at another public hearing. 2. The use meets all required conditions and specifications. Building material sales is a permitted use in the I-G district and a conditional use in the Eastern Lincoln Development District. The plans meet the requirements of the Unified Development Ordinance s general development standards and the requirements of the Eastern Lincoln Development District s special standards. Subject to the approval of a watershed conditional use permit and the provision of engineered stormwater controls, the use will comply with the UDO s watershed regulations. 3. The use will not substantially injure the value of adjoining or abutting property unless the use is a public necessity. Because this is a parallel conditional use rezoning, the use will be limited to building material sales and the property will be developed according to the approved site plan and building elevations. No outside storage of materials is permitted. Stormwater controls will be provided. The properties on both sides of this property and on the opposite side of the highway are zoned business. The plan includes buffers along both sides and along the highway. The properties to the rear of this property are zoned industrial and contain industrial uses. 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. This is an existing industrial/commercial area. This property is part of an area designated by the Land Use Plan as industrial. After having held a Public Hearing on May 7, 2012, and in light of the Findings of Facts listed herein, the following action was taken by the Lincoln County Planning Board: voted 8-0 to recommend approval (with no special conditions)
LINCOLN COUNTY PLANNING & INSPECTIONS DEPARTMENT 302 NORTH ACADEMY STREET, SUITE A, LINCOLNTON, NORTH CAROLINA 28092 704-736-8440 OFFICE 704-736-8434 INSPECTION REQUEST LINE 704-732-9010 FAX Zoning Amendment Statement of Consistency and Reasonableness Adopted by the Lincoln County Planning Board on May 7, 2012 Case No. ZMA #595 Applicant Living Word Ministries Parcel ID# 50702 Location 1062 S. NC 16 Hwy. Proposed amendment Rezone from I-G to R-T This proposed amendment is not 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 Land Use Plan as industrial. This proposed amendment is reasonable and in the public interest in that: This property adjoins property that is zoned R-T except at one point. This is the only industrially zoned property along this stretch of the highway. Land uses in the immediate area are primarily residential.
COUNTY OF LINCOLN, NORTH CAROLINA 302 NORTH ACADEMY STREET, SUITE A, LINCOLNTON, NORTH CAROLINA 28092 PLANNING AND INSPECTIONS DEPARTMENT 704-736-8440 OFFICE 704-732-9010 FAX Zoning Amendment Statement of Consistency and Reasonableness Adopted by the Lincoln County Planning Board on May 7, 2012 Case No. UDO Proposed Amendment #2012-2 Applicant Emil Tschudin and Floyd West Proposed amendment Amend Section 3.2.4.A so that road façade requirements do not apply to lots in the I-G district in subdivisions recorded prior to August 31, 2009, that do not front on an arterial or collector road This proposed amendment is consistent with the Lincoln County Comprehensive Land Use Plan and other adopted plans in that: The Land Use Plan called for creating an overlay district along N.C. 16 Business that would include architectural appearance standards. The Eastern Lincoln Development District was established to carry out that goal and others. This proposal does not include an exemption from the ELDD standards. This proposed amendment is reasonable and in the public interest in that: It would apply to lots in existing industrial parks that are totally apart from other types of development.