Re-Zoning C a s e N u m b e r R # 6-17

S t a f f R e p o r t Re-Zoning C a s e N u m b e r R # 6-17 Lo c at i o n m a p/a e r i a l P h oto g r a p h Subject Property 102 Hospital Ave NW (NCPIN 2850202045) N S u m m a r y Owner JOSEPH & BETTY KALISTER Applicant Sherry Frazier Location West of US 321, east of Woodland Place, and north of Hospital Avenue (.85 acres) NC PINs 2850202045 Description of Request: The applicant seeks to re-zone the property from B-6 (Exclusive Business District ) to B-2 (General Business District). Staff Recommendation: Staff recommends that the Planning Board recommend approval of the request, based on the consistency statement on page 5, and call for a Public Hearing for City Council to consider the request on November 14th, 2017. Public Comment: Planning Board Meeting: Notices of the planning board meeting were mailed to all property owners within 100 ft. on October 13, 2017. City Council (Public Hearing): Anticipated to be scheduled for November 14th, 2017. Project Planner Hannah Williams Updated October 10, 2017

P a g e 2 E x i s t i n g a n d P r o p o s e d Z o n i n g M a p s R # 6 / 1 7 Subject Property Current Zoning: B-6 N Subject Property Proposed Zoning: B-2 N

P a g e 3 R # 6 / 1 7 B a c kg r o u n d a n d S ta f f A n a ly s i s Zoning Map Amendments The City of Lenoir Zoning Ordinance establishes an official zoning map/atlas for the City of Lenoir. The zoning map may be amended from time to time by the City Council when public necessity, convenience, general welfare, or good zoning practice justifies the amendment. The zoning map cannot be changed until the Planning Board reviews the request and makes a report to City Council on the proposed change and the City Council holds a public hearing to consider the request. Subject and Surrounding Properties The subject property is currently cleared and undeveloped with evidence of an old house foundation in the northeast area of the ~.85 acre lot. The subject property is located immediately to the south of the property recently rezoned to B-2 on October 17th, 2017. To the north, east, and south of the subject property are commercial uses along US 321 that are all zoned B-2 (General Business including Aaron s, Dos Amigos, Cook Out, Grease Monkey, Walgreens, KFC, and Ruby Tuesday), except for Carolina Burger which is zoned B-6 (Exclusive Business). To the west of the subject property is Woodland Place, which is developed with single family homes and is zoned R-12 (single family residential). History of the Subject Property The subject properties was re-zoned from R-12 to B-6 in 2004, but no development has occurred. Intent of the Zoning Districts The B-2 General Business zoning district is intended to provide for a wide variety of retail, service and other activities, controlled by performance standards, at locations along major transportation routes, to the motoring public both local and transient. The B-6 Exclusive Business zoning district is intended to serve the needs of the traveling public as well as provide convenience goods and services to surrounding residential neighborhoods. This district is further intended to promote commercial activity in areas that are in close proximity to well established, economically healthy residential neighborhoods. Development in the B-6 district is more restricted than in the B-2 district, with the highest intensity uses prohibited and other limitations placed on development such as maximum building footprints and limited hours of operation. The B-6 district notably excludes drive-through restaurants from the list of permitted uses. Consistency with the Comprehensive Plan All decisions of the Planning Board and City Council should be based on consistency of the proposal with the Comprehensive Plan and any other officially adopted plan that is applicable. The Comprehensive Plan establishes a future land use map, which identifies the subject property as existing non-residential and does not establish a different future land use for the subject property. The Comprehensive Plan contains a policy to develop progressive and sound land use policies and strategies to ensure that Lenoir grows fairly, effectively, and efficiently and another policy to adopt sensible, straightforward zoning standards and procedures that are easily understood by the developers and the general public. In the past 10+ years of the property sitting vacant with B-6 zoning, no development has occurred. Re-zoning the property to B-2 is consistent with the Comprehensive Plan because it will facilitate sensible, straight-forward standards for the development of this property. The adjacent residential areas will be protected from encroachment and incompatible development because the same bufferyard standards will continue to apply, and the B-2 zoning district also has strong design standards that foster a sense of place and community pride while protecting residential areas from incompatible building materials and massive, monolithic structures that are out of scale with the surrounding neighborhood. Additionally, the remainder of the properties on the block were recently re-zoned to B-2, so approval of the rezoning request may facilitate the development of the subject and surrounding properties as a

g e 4 P a g e 4 R # 6 / 1 7 S ta f f A n a ly s i s, C o n t i n u e d single master planned development. Comparison of Allowable Uses Sec. 600 of the Lenoir Zoning Ordinance establishes a chart of permitted and conditional uses for each zoning district. The biggest change in the proposed re-zoning would be the allowance of the more intense commercial uses on this property. The table on page 6 offers a comprehensive comparison of the currently allowed uses plus the uses that would be allowed under the proposed B -2 zoning classification. Notably, restaurants with drive-throughs and higher intensity retail uses like automobile sales would be allowed if the zoning change is approved. Transportation The close proximity of this property to the Hospital Avenue and 321 intersection precludes new driveway cuts on 321 and on Hospital. Cross-access through the property to the north would provide a driveway entrance from 321. Access to this property is challenging, further proving the need for a common plan of development for this block.

g e 5 P a g e 5 R # 6 / 1 7 S ta f f R e c o m m e n d at i o n A n d C o n s i s t e n c y S tat e m e n t Staff recommends that the Planning Board recommend approval of the request, based on the following consistency statement, and call for a Public Hearing for City Council to consider the request on November 14th, 2017: The proposed zoning map amendment is consistent with the adopted Comprehensive Plan because it will facilitate sensible, straight-forward development standards for future development of the subject properties. The proposed amendment is reasonable and in the public interest because it will facilitate the development of one of the last remaining large tracts available adjacent to US 321, contributing to local shopping and dining opportunities, creating jobs, and growing the tax base, while the existing buffering and design standards of the B-2 district will ensure attractive, compatible development that doesn t cause undue harm to the adjacent residential areas. P l a n n i n g B o a r d R e c o m m e n d at i o n

Summary of Permitted Uses Development Standards g e 6 P a g e 6 R # 6 / 1 7 S ta f f A n a ly s i s, C o n t i n u e d Comparison of Zoning Districts B-6 (current zoning) B-2 (proposed zoning) Default Zoning District B-2 (any zoning standard not specifically addressed in the CZ ordinance defaults to the requirements of the B- 2 district) Minimum Lot Size 10,000 sq. ft. Maximum height 25 ft. Landscaping of beds 10 ft. around perimeter of parking areas Lighting must be fully cut-off and shielded to prevent light trespass on adjacent residential properties. Min Lot Size - None Setbacks: Front yard 10 feet Side Yard - Abutting residential - 30 feet Minimum Rear Yard - Abutting residential - 30 feet Max Building Height - 65 feet Sidewalks required to be 8 ft. wide No specific parking design standards No specific restriction on access off Woodland Place No specific restriction on fencing or lighting. Design standards do apply to all buildings. Accounting and Bookkeeping Offices Advertising Agencies Antique Shops Apparel Shops Architects Office Art Galleries Art and Drafting Supplies Automatic Teller Machines Bakeries Banks Barber and Beauty Shops Book Stores Candy Stores Computer Sales and Service Copying Services Craft and Hobby Shops Credit and Finance Offices Drug Stores Single Family detached dwellings Electronics Sales and Service Fabric Stores Florist Shops Gift Shops Government Offices Greenways Grocery Stores Hardware Stores Home Furnishing Stores Insurance Offices Interior Design Studios Jewelry Sales and Repair Lighting Stores Medical and Dental Offices Clinics and Laboratories Music Stores Musical Instrument Sales and Service Office Equipment and Supply Stores Photography Studios Photography Supply Stores Public Utility Offices Real Estate Offices Rent-To-Own stores Restaurants (excluding Drive-through and Drive-in service) Seamstress and Dressmaking shops Studios and Specialty Schools Surveyors Offices Travel Agencies ALL USES IN B-6, plus: Adult Day Care Center Amusement Services Antennas, Radio, TV, Dish Sales Appliance Store Auction Sales Automobile Body Shop Automobile Parts and Accessories Automobile Repair Shop Automobile Service Station Automobile & Truck Sales and Services Automobile Washing Facilities Baseball Hitting Ranges Beach Bingo Bed & Breakfast Billiards & Pool Halls Boat Sales and/or Services Bowling Lanes Breweries, Distilleries, and Wineries Broadcasting Studios Building Construction and Supplies Bus Terminals Carpet Sales & Storage Computer and Data Processing Services Contractors Office (No Storage) Convenience Stores (includes gas stations with pump islands) Crematory (see Section 715) Dance Halls/Including Night Clubs Delicatessens Department Stores Dry Cleaning and Laundry Service (Not More Than 3000 Square Feet) Duplicating, Mimeographing and Multilithing Operations (up to or exceeding 3000 Square Feet) Dwelling, Group Dwelling, Two-Family Exterminating Service Farm Machinery Sales and Services Farm Supplies Film Drop Off Booth Firing Range (Indoor) Floor Coverings Funeral Homes Furniture and Home Furnishings Furniture Repair Including Refinishing and Upholstery Garden Supply Store Glass & Mirror Stores (Sales) Golf Courses (18 Holes) Golf Courses (Miniature) Golf Driving Ranges Green Houses, Commercial Guns & Ammunition Sales Health Clubs/Spa Heavy Equipment Sales & Service Hospitals Hotel/Motel Kennels-Commercial Laundromats (up to or exceeding 3000 Square Feet) Lawn & Garden Care Supplies Liquor (ABC) Stores Locksmith and Gunsmith Manufactured Home Sales and/or Recreational Vehicle Sales Medical & Dental Labs Monument Sales Motorcycle Sales & Service Movie Theaters (Indoor) Nurseries and Commercial Greenhouses Optician & Optical Supply Stores Paint & Wallpaper Stores Pawn & Trade Shops Pet Shops Pharmaceutical Manufacturing Pharmaceuticals (Sales) Plumbing and Hearing Supplies Produce Stands Publishing and Printing Radio & Television Repair Shops Radio & Television Sales Radio & Television Studios Radio & Television Transmission Tower Research Activities and Research Development Restaurants Second Hand Stores and Swap Shops Sheetmetal Shops Shoe Sales & Repair Stores Shoe Store Shopping Centers & Malls Sign Manufacturing and Assembly Sign Painting Sign Sales Leasing (No storage) Skating Rinks Sporting Goods Stores Stone and Clay Product Sales Surveyors Offices Tattoo and Body Piercing Parlors Taxi Stands Travel Agencies Truck, Farm Equipment and Heavy Equipment Sales and Service Truck Terminals Vending Company Veterinarians Office Warehouses (Mini)

g e 7 P a g e 7 R # 6 / 1 7 A e r i a l P h oto g r a p h Shopping Center/Retail Krispy Kreme Dollar Tree Carolina Burger Aaron s Residential Vacant B-2 Dos Amigos Residential Subject Cook Out Property Walgreens Caldwell County Library Vacant B-2 Medical Office Ruby Tuesday KFC

g e 8 P a g e 8 R # 6 / 1 7 S i t e P h oto s 2 1 3 1. View of subject property looking northeast from Woodland Place 2. View of existing driveway on northern end of the subject property, currently used by Aaron s Rent-to-Own standing on north side of driveway looking south/southwest. 3. View of Woodland Place frontage looking north on Woodland Place note existing mature tree buffer.

g e 9 P a g e 9 R # 6 / 1 7 P h oto s o f S u r r o u n d i n g P r o p e r t i e s 1 3 2 4 1. Existing commercial development along US 321 (Google Street View) 2. Existing commercial development and vacant lot south of Hospital Avenue (view from Woodland Place looking south). 3. Existing sidewalk in front of Aaron s (to be extended along subject property frontage at time of development). 4. Existing established residential properties on west side of Woodland Place.