NC - Lincolnton: City Council Meeting

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City Council Meeting

A G E N D A LINCOLNTON CITY COUNCIL

Tagged Interests: council

August 6, 2020 7:00 p.m.

Council Chambers City Hall

114 WEST SYCAMORE STREET P.O. BOX 617 LINCOLNTON, NORTH CAROLINA 28093-0617 PHONE (704) 736-8980

Tagged Interests: streets

LINCOLNTON CITY COUNCIL AGENDA

August 6, 2020 7:00 p.m.

CALL TO ORDER

PLEDGE OF ALLEGIANCE

1. Approval of REGULAR AGENDA

2. Approval of CONSENT AGENDA All items placed under Consent Agenda are considered routine, to be enacted by one motion without discussion. If a

member of the Governing Body requests discussion of an item, the item will be removed from the Consent Agenda and considered separately.

2a - Approval of Minutes for the June 25, 2020 Regular Meeting

3. PUBLIC HEARINGS

Tagged Interests: hearing

3a ZMA-4-2020 Application from Michael Baker requesting the rezoning of 0.26 acres of land from General Business (GB) District to the

Residential-Office (R-O) District. The subject property is located at 104 Huss Street (Parcel ID 22428)
Tagged Interests: business, streets, zoning, and property

Laura Elam, Planning Director

Tagged Interests: planning

4. REGULAR AGENDA

(P-04-20) 4a. Policy Consideration of Administrative Policy Revision Policy 10 Health/Dental Insurance

Tagged Interests: health, insurance, and policy

Tanya Osborne, Human Resources Director

Tagged Interests: human resources

(O-11-20) 4b. Ordinance Incorporation of Appendix D of the N.C. State Fire Code into the City Ordinance Title XV Land Use Chapter 151 Fire Prevention

and Protection
Tagged Interests: ordinance and building codes

Ryan Heavner, Fire Chief

114 WEST SYCAMORE STREET P.O. BOX 617 LINCOLNTON, NORTH CAROLINA 28093-0617 PHONE (704) 736-8980

Tagged Interests: streets

AGENDA August 6, 2020 Page 2

(O-12-20) 4c. Consideration of amendment to the City s Code of Ordinances Chapter 72: Parking Regulations consider a four way stop at the

intersections at Sycamore Street and High Street and Pine Street and High Street
Tagged Interests: regulation, ordinance, streets, and parking

Steve Zickefoose, City Manager

Tagged Interests: administrator and manager

(O-13-20) 4d. Consideration of amendment to the City s Code of Ordinances Chapter 72: Parking Regulations consider four way stop at the intersection

of Bonview Avenue and High Street
Tagged Interests: regulation, ordinance, streets, and parking

Steve Zickefoose, City Manager

Tagged Interests: administrator and manager

(BA-04-20) 4e. Budget Amendment Amendment to be made to the Annual Budget Ordinance for the Fiscal year ending June 30, 2021

Tagged Interests: ordinance and budget

Steve Zickefoose, City Manager

Tagged Interests: administrator and manager

4f. Monthly Financial/ Overtime Report

Tagged Interests: finance

Steve Zickefoose, City Manager

Tagged Interests: administrator and manager

5. OTHER BUSINESS FOR DISCUSSION AND POSSIBLE ACTION

Tagged Interests: business

5a Army National Guard Mural

Tagged Interests: military

5b Lincolnton Student Advisory Council - Cancellation of all meetings for the 2020-2021 School year

Tagged Interests: council and education

5c Appointment to Lincolnton Planning Board

Tagged Interests: planning, boards and commissions, and appointments

5d City Council Meetings Discuss possibility of returning to virtual meetings

Tagged Interests: council

5e Agenda Item Additions Emergent Nature Only

5f Public Property Art

Tagged Interests: arts and property

114 WEST SYCAMORE STREET P.O. BOX 617 LINCOLNTON, NORTH CAROLINA 28093-0617 PHONE (704) 736-8980

Tagged Interests: streets

AGENDA August 6, 2020 Page 3

PUBLIC COMMENT Speakers will be limited to three (3) minutes to address Mayor and City Council concerning non-agenda items. You must sign in

Tagged Interests: council

with the City Clerk to be eligible to speak

CLOSED SESSION To discuss acquisition of real property in accordance with

Tagged Interests: property

NCGS 143-318.11 (a)(5)

NEWS MEDIA

ADJOURNMENT

ITEM 1

APPROVAL

OF REGULAR AGENDA

ITEM 2

APPROVAL OF

CONSENT AGENDA

ITEM 2a

Approval of Minutes for the

June 25, 2020 Regular Meeting

REGULAR MEETING - June 25, 2020

1

The Mayor and City Council met in regular session on Thursday, June 25, 2020 at 7:00 p.m. in the Council Chambers of City Hall located at 114 West

Sycamore Street, Lincolnton North Carolina.
Tagged Interests: streets

Mayor Ed Hatley called the meeting to order, asking all to stand for the Pledge of Allegiance.

The following were in attendance:

WHITE WATSON EADDY JETTON

Councilwoman White made the motion to approve the REGULAR AGENDA. Members voted 4-0 in favor of the motion

Councilman Eaddy made the motion to approve the CONSENT AGENDA as follows:

Approval of Minutes for the June 4, 2020 Regular meeting N.C. Mayor s Statement on Murder of George Floyd Approval of service contract between the

City of Lincolnton and the
Tagged Interests: contract

Lincolnton Housing Authority for Community Policing

Tagged Interests: housing

Members voted 4-0 in favor of the motion

CUP-2-2020 Application from Lincoln County requesting a conditional use permit to construct a new parking lot in the Residential-10 (R-10) Zoning

District. The subject property is located on the south side of West Main Street approximately 100 feet west of the intersection of West Main Street and South Government Street (Parcel ID 01203):
Tagged Interests: zoning, transportation, property, and parking

Mayor Ed Hatley opened the public hearing and recognized Planning Director Laura Elam to speak to the item. City Clerk Daphne Ingram administered the

oath to all those wishing to speak.
Tagged Interests: planning, recognition, and hearing

Mrs. Laura Elam explained the request as follows:

The property is located on approximately 0.448 acres of land in the Residential-10 (R-10) District, on the south side of West Main Street,

Tagged Interests: streets and property

REGULAR MEETING - June 25, 2020

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approximately 100 feet west of the intersection of West Main Street and South Government Street (Parcel ID 01203)

Tagged Interests: streets and property

The applicant is requesting a conditional use permit in order to construct a 32 space asphalt parking lot for additional county parking. Access would

be provided by one driveway on West Water Street.
Tagged Interests: streets, utility, Utility, transportation, water, and parking

The site is currently vacant. The subject property and properties located to the east, west, and north are zoned R-10. Properties located to the

south are zoned R-O and CB. The property is surrounded by a mixture of commercial and single family residential.
Tagged Interests: zoning, property, and commercial

The applicant is requesting a conditional use permit in order to construct a 32 space asphalt parking lot for additional county parking. The parking

lot will have one entrance which will be on West Water Street.
Tagged Interests: streets, utility, Utility, transportation, water, and parking

Street landscaping will be provided along West Main Street. Parking lot landscaping will be provided around the parking lot, and screening is

required on the west side of the property adjacent to the single family dwelling.
Tagged Interests: streets, property, and parking

Screening is not required along the other boundaries because they are being used for business purposes.

Tagged Interests: business

The subject property is located within the WS-IV PA Watershed area. Less than one acre of land is being disturbed so all requirements have been met.

Tagged Interests: watershed and property

The UDO requires that a conditional use permit application contain specific terms and meet specific requirements. The following items need to be

addressed to meet the requirements:
Tagged Interests: transportation and UDO

Additional screening will be required to meet the following UDO requirements.

Tagged Interests: UDO

Where the boundary of a parking area directly adjoins or is separated by a street from a residential district, screening is required. The screening

is required along the outside boundaries of the parking area.
Tagged Interests: streets and parking

Parking lot landscaping plan will need to be updated to show additional large trees and shrubs.

Tagged Interests: trees and parking

REGULAR MEETING - June 25, 2020

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An updated landscaping plan will need to be provided showing how the UDO requirements for screening and parking lot landscaping are to be met.

Tagged Interests: UDO and parking

The UDO requires that four findings be determined by City Council. They are as follows:

Tagged Interests: council and UDO

1. The use will not materially endanger the public health or safety if located where proposed and developed according to plan, and

Tagged Interests: health

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

Tagged Interests: property

4. The location and character of the 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 Lincolnton Land Use Plan and other plans for the physical development of the City as officially adopted by the City Council.
Tagged Interests: council, development, and Development

COMPLIANCE WITH SECTION 13.4.2

Tagged Interests: compliance

It does not appear that the use will endanger the public health or safety.

Tagged Interests: health

Subject to compliance with the screening and landscaping requirements, the use meets all required conditions and specifications.

Tagged Interests: compliance

It does not appear that the use will substantially injure the value of adjoining or abutting property.

Tagged Interests: property

The use, if approved, should be in harmony with the area.

Mrs. Elam reported that Staff Review Committee met on June 9, 2020 and had no additional comments on the development.

Tagged Interests: development and Development

She also informed that Planning Board and Staff recommend approval of the conditional use permit subject to the applicant proving the findings of

fact and subject to compliance with the screening and landscaping ordinance requirements noted above.
Tagged Interests: planning, ordinance, boards and commissions, transportation, and compliance

REGULAR MEETING - June 25, 2020

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Josh Grant, Lincoln County Assistant to the County Manager, spoke briefly, thanking Council for considering the request and welcoming any questions

they had. Mr. Grant spoke to the great working relationship between the City and the County, and how much this additional parking will benefit not only County employees but the general public.
Tagged Interests: grant, council, administrator, manager, and parking

Being no further discussion and no other requests to speak to the item, Councilman Watson made a motion to close the Public Hearing. Members voted

4-0 in favor of the motion. Mayor Hatley presented the four Findings of Facts as follows:
Tagged Interests: hearing

1. Councilman Eaddy moved that the use will not materially endanger the public health or safety if located where proposed and developed according to

plan. Members voted 4-0 in favor of the motion
Tagged Interests: health

2. Councilwoman White moved that the use meets all required conditions and specifications. Members voted 4-0 in favor of the motion

3. Councilman Jetton moved that the use will not substantially injure the value of adjoining or abutting property unless the use is a public

necessity. Members voted 4-0 in favor of the motion
Tagged Interests: property

4. Councilman Watson moved that the location and character of the use, if developed according to 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 Lincolnton Land Use Plan and other plans for the physical development of the City as officially adopted by the City Council. Members voted 4-0 in favor of the motion
Tagged Interests: council, development, and Development

MOTION: Councilman Jetton made a motion to approve the conditional use permit subject to compliance with ordinance requirements. Members voted 4-0 in

favor of the motion.
Tagged Interests: ordinance, transportation, and compliance

REGULAR MEETING - June 25, 2020

5

CUP-3-2020

Application from Clayton Engineering requesting a conditional use permit to construct mini warehouse and storage units in the NB District. The

subject property is located on the north side of East NC 27 Highway approximately 1000 feet east of the intersection of East Main Street and
Tagged Interests: highway, streets, transportation, property, and engineering

East NC 27 Highway (Parcel ID 87879, 23626, 26773, 24900):

Tagged Interests: highway and property

Mayor Ed Hatley opened the Public Hearing directing all those wishing to speak to be sworn in by the City Clerk, after which Planning Director Laura

Elam presented the following information:
Tagged Interests: planning and hearing

Mrs. Elam stated that Clayton Engineering, on behalf of Sentry Rentals, is requesting a conditional use permit to construct warehouse, storage, and

rental units in the NB District. The subject property is located in the ETJ on the north side of East NC 27 Highway approximately 1000 feet east of the intersection of East Main Street and East NC 27 Highway (Parcel ID 87879, 23626, 26773, 24900). The property is made up of four (4) lots totaling 1.94 acres and the site is vacant.
Tagged Interests: highway, streets, transportation, rental, property, and engineering

She continued informing that the property surrounding the site is zoned NB with the exception of areas located to the south of the site across

Highway 27 and northeast of the site which are zoned R-25. Land uses surrounding the site are a combination of business, church, and residential.
Tagged Interests: highway, business, zoning, church, and property

The applicant requests a conditional use permit in order to construct 10,700 square foot warehouse in the front portion of the site and a 15,000

square foot multi-unit storage building in the rear of the site. A loading dock is located in the front of the proposed warehouse. One access point onto NC Highway 27 East is proposed along with six parking spaces.
Tagged Interests: highway, Homebuilder, transportation, boating, and parking

Section 153.236 of the Lincolnton Unified Development Ordinance requires that conditional use permit applications contain specific terms and meet

specific conditions. The application meets the requirements with the following exceptions:
Tagged Interests: ordinance, development, transportation, Development, and UDO

Landscape plan will need to be updated with additional large trees for screening that will be required along property boundaries that abut a

residential district. Driveway access will need to be adjusted to a maximum of 36 feet in width (Also required by NCDOT).
Tagged Interests: trees, property, and buildings and grounds

REGULAR MEETING - June 25, 2020

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Building height needs to be noted on plan. Any signs that will be erected will need to be shown on plan. If the project is done in phases, that will

need to be noted on plan.
Tagged Interests: Homebuilder

OTHER CONDITIONAL USE PERMIT REQUIREMENTS

Tagged Interests: transportation

Section 153.237 of the Lincolnton Unified Development Ordinance requires that the City Council make the following findings:

Tagged Interests: ordinance, council, development, Development, and UDO

1. The use will not materially endanger the public health or safety if located where proposed and developed according to plan, and

Tagged Interests: health

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
Tagged Interests: property

4. The location and character of the 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 Lincolnton Land Use Plan and other plans for the physical development of the city as officially adopted by the City Council.
Tagged Interests: council, development, and Development

COMPLIANCE WITH SECTION 153.237

Tagged Interests: compliance

1. The applicant will need to provide evidence that the use will not endanger the public health or safety.

Tagged Interests: health

2. The proposed use meets all required conditions and specifications with the exception of those noted above.

3. The applicant will need to provide evidence that the use will not have any negative impacts on the value of adjoining or abutting properties.

4. The use is in conformity with the Lincolnton Land Use Plan.

The subject property is located within the WS-IV PA Watershed area. The site is allowed up to 70 impervious surface. The site plan shows 67.59 built

upon area and is in compliance.
Tagged Interests: economic development, watershed, property, and compliance

The Staff Review Committee met on June 9, 2020 to consider this application and made the following comments:

REGULAR MEETING - June 25, 2020

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The utility department made the following comments: The sewer line that they are requesting is a force main and will require a pump station that will

have to match the design of the pump station force main. This will have to be engineered. Also, the lift station that is connected to this force main is for future industry. So, if the industry requires larger pumps be installed at the Airport, the lift station at Sentry Rentals will have to be engineered and upgraded to match the larger pumps. This will be at the owner s expense. All utility requirements must be coordinated and approved by the utility department prior to development.
Tagged Interests: sewer, airport, utility, development, Utility, Development, and rental

If the developer so chooses, a septic tank can be installed in lieu of tapping onto the City Sewer provided the septic system is approved by Lincoln

County Environmental Health.
Tagged Interests: health, sewer, utility, Utility, and environment

The City Fire Inspector must approve all plans for fire hydrants, sprinkler systems, and fire equipment access prior to development. The fire

inspector recommends a 20 foot wide drive around the buildings for fire access.
Tagged Interests: Homebuilder, equipment, development, and Development

Detailed building plans must be submitted and approved by the Lincoln County Building and Land Development.

Tagged Interests: Homebuilder, development, and Development

All storm water on the site must be diverted so as not to create a problem for adjoining properties.

Tagged Interests: utility, Utility, water, and stormwater

Erosion and Sedimentation control permits will be required and must be obtained from the Lincoln County Natural Resources Department.

Tagged Interests: transportation

NCDOT Driveway permit will be required and approved prior to development. Preliminary comments from NCDOT include driveway width too wide (36 foot

Maximum), conflict with utility poles, driveway edge extends beyond property boundary, and information regarding traffic generation will need to be provided.
Tagged Interests: utility, development, Utility, transportation, Development, property, pole, and traffic

The four lots will need to be recombined into one lot and the unopened alleyway that runs through the property will need to be legally closed.

Tagged Interests: property

No driveway access allowed onto Acadia Heights Road.

Tagged Interests: road and streets

Cost estimates were recently obtained for the proposed development and based on the estimates received, phase construction will need to be used, with

the proposed mini storage portion of the project being in a later phase.
Tagged Interests: construction, development, and Development

REGULAR MEETING - June 25, 2020

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The applicant plans on switching the two proposed buildings on the site so that the mini storage would be in the front portion of the site and the

warehouse would be in the rear. This would ensure that the loading dock for the proposed warehouse would not be visible from Highway 27.
Tagged Interests: highway, Homebuilder, and boating

There was some discussion about the proposed building design. The warehouse will be a metal building but that it will include windows. Building will

have a mixture of different color metals and will be in harmony with the area.
Tagged Interests: Homebuilder

Council was informed that Planning Board and Staff recommend approval of the conditional use permit subject to the applicant proving the findings of

fact, subject to the ordinance requirements listed above and subject to the Staff Review Committee comments.
Tagged Interests: planning, ordinance, council, boards and commissions, and transportation

Mayor Ed Hatley allowed the applicant, Mr. Buddy Pigg with Sentry Drug in Lincolnton, to address Council regarding the request. Mr. Pigg explained

the reason for the request and answered questions from council.
Tagged Interests: drugs

Mr. Robert Gates, 2847 Hwy. 27 East, an adjoining property owner spoke in opposition to the request. Mr. Gates also referenced an email he received

from another adjoining property owner, Ms. Eve Miller, who was not in attendance but did opposed the proposed use of this site as well. Mr. Gates voiced concerns regarding additional noise with delivery, the size of the mini-warehouses, building materials and traffic dangers at this location. He also is concerned that property values will be affected if this use is allowed and that the use is not in harmony with the surrounding properties.
Tagged Interests: Homebuilder, materials, property, noise, and traffic

Marsha Jordan, of Apple Realty, located at 513 E. Main Street, was present and requested to speak. Ms. Jordan identified herself as the realtor

involved and spoke in favor of the request, giving some history and details about the property. She gave her professional opinion regarding the plan, which she feels is in tune with what needs to be on the site. She stated that she did not feel that there will be an increase of traffic in the area.
Tagged Interests: streets, property, traffic, and history

Mr. Pigg, the applicant, was given a chance to respond to any questions and concerns that were raised. Several questions from Council were asked and

answered.
Tagged Interests: council

Being no further discussion, Councilwoman White made a motion, to close the Public Hearing. Members voted 4-0 in favor of the motion. Mayor Hatley

continued on to the Findings of Facts as follows:
Tagged Interests: hearing

REGULAR MEETING - June 25, 2020

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1. Councilman Eaddy moved that the use will not materially endanger the public health or safety if located where proposed and developed according to

plan. Members voted 4-0 in favor of the motion.
Tagged Interests: health

2. Councilman Waston moved that the use meets all required conditions and specifications. Members voted 4-0 in favor of the motion.

3. Councilwoman White moved that the use will not substantially injure the value of adjoining or abutting property unless the use is a public

necessity. Members voted 4-0 in favor of the motion.
Tagged Interests: property

4. Councilman Jetton moved that the location and character of the 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 Lincolnton Land Use Plan and other plans for the physical development of the City as officially adopted by the City Council. Members voted 4-0 in favor of the motion
Tagged Interests: council, development, and Development

MOTION: Councilman Watson made a motion to approve the conditional use permit subject to compliance with ordinance requirements and Staff Review

Committee conditions. Members voted 4-0 in favor of the motion
Tagged Interests: ordinance, transportation, and compliance

ZMA-1-2020

Application from Luis Cordero requesting the rezoning of 0.31 acres from Residential-25 (R-25) to Residential-8 (R-8)

Tagged Interests: zoning

Mayor Ed Hatley opened the public hearing. Planning Director Laura Elam spoke to the item explaining the applicants request for a rezoning of a

parcel totaling approximately 0.31 acres from the Residential-25 (R-25) district to the Residential-8 (R-8) district. The subject property is located at 2199 Story Street and is just outside the City Limits. The abutting property fronting Salem Church Road and the property located across Story Street from the site are in the city limits. Mrs. Elam reported that the adjoining properties are zoned a mixture of R-8 (city limits) and R-25 (ETJ). The subject property has one single family dwelling on the site. Land uses in the area include single-family and multi-family homes. Mrs. Elam gave more background, explaining that the applicant would like to subdivide the land. The minimum lot size requirement in the R-25
Tagged Interests: road, planning, streets, zoning, church, property, and hearing

REGULAR MEETING - June 25, 2020

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district is 20,000 square feet. This parcel is 13,500 square feet. By rezoning the property to the R-8 district and connecting to City water and

sewer, the minimum lot size for a single family home is reduced to 6,000 square feet. Water and sewer are available in the area. The land use plan shows the property in the Residential Suburban Planning Area. Neighboring properties are in the Traditional Single Family and Residential Suburban Planning Areas. The Land Use Plan designates the subject property as Residential Suburban Planning area. These Planning Areas are primarily single family residential in character. Therefore, the proposed rezoning request is consistent with the Land Use Plan. Mrs. Elam concluded saying that the Planning Board and Staff recommend approval of rezoning of the property from R-25 to R-8.
Tagged Interests: planning, sewer, boards and commissions, utility, Utility, zoning, water, and property

Being no further discussion, Councilman Eaddy moved to close the Public Hearing. Members voted 4-0 in favor of the motion

Tagged Interests: hearing

MOTION: Councilman Eaddy made a motion to approve the request for rezoning. Members voted 4-0 in favor of the motion

Tagged Interests: zoning

MOTION: Councilman Eaddy made a motion to approve the statement of consistency and reasonableness as follows: The Lincolnton Land Use Plan designates

this property as part of the Residential Suburban Planning Area. The proposed rezoning request is consistent with the Lincolnton Land Use Plan, therefore, approval of the proposed amendment is reasonable and in the public interest. Members voted 4-0 in favor of the motion.
Tagged Interests: planning, zoning, and property

ZMA-2-2020

Application from Carpenter Property Group requesting rezoning of 0.952 acres from Residential-Office (R-O) to Central Business (C-B)

Tagged Interests: business, zoning, and property

District

Mayor Ed Hatley opened the Public Hearing. Planning Director Laura Elam spoke to this item, explaining that the property is a 0.952 acre site located

at 217 East Pine Street (Parcel ID 20428). She stated that the primary purpose of the rezoning request is to allow the property to be used for a larger number of permitted uses such as retail, service and professional uses. Any uses approved for the property would have to meet all the requirements for the Central Business District.
Tagged Interests: planning, business, streets, zoning, property, and hearing

REGULAR MEETING - June 25, 2020

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Mrs. Elam informed that he property is developed with three (3) vacant dwelling units and several accessory structures and that the applicant is

requesting rezoning from Residential-Office (R-O) to the Central Business (C- B) district. Zoning surrounding the site is a combination of R-O, GB, and CB. Land uses surrounding the site are the EF Drum Funeral Home and First Federal Park to the south, Vacant County Offices to the west, the Marcia H. Cloninger rail trail and Hoyle,s Hearth and Home to the east, and vacant land to the north.
Tagged Interests: business, zoning, transportation, parks, trails, and property

In conclusion, Mrs. Elam stated that the Planning Board and Staff recommend approval of rezoning of the property from R-0 to C-B, and an amendment of

the land use plan to extend the Central Business Planning Area to include the subject property.
Tagged Interests: planning, business, boards and commissions, zoning, and property

With no further discussion, Councilman Watson moved to close the Public Hearing. Members voted 4-0 in favor of the motion

Tagged Interests: hearing

MOTION: Councilman Eaddy made a motion to approve the request for rezoning. Members voted 4-0 in favor of the motion

Tagged Interests: zoning

MOTION: Councilwoman White made a motion to approve amendment of land use plan. Members voted 4-0 in favor of the motion

MOTION: Councilman Jetton made a motion to approve the statement of consistency and reasonableness as follows: The Lincolnton Land Use Plan

designates this property as part of the Mixed Use Residential/Commercial/Planning Area. The proposed rezoning request is not strictly consistent with the Land Use Plan, however, the sites proximity to the C-B zoning District and rezoning to C-B better supports the Lane Use Plan s goal of adaptive reuse of under-utilized commercial buildings than the current zoning. Therefore, approval of the proposed amendment is reasonable and in the public interest. Members voted 4-0 in favor of the motion
Tagged Interests: Homebuilder, planning, sites, zoning, property, and commercial

REGULAR MEETING - June 25, 2020

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ZTA-3-2020

Application requesting an amendment to Section 153.136 (g) of the Unified Development Ordinance in regards to the replacement of non- conforming

manufactured homes not located in a manufactured home
Tagged Interests: ordinance, development, Development, and UDO

park

Tagged Interests: parks

Mayor Ed Hatley opened the public hearing. Planning Director Laura Elam addressed Council giving some background history regarding this request,

explaining that the city s zoning regulations allow manufactured home parks to be established subject to a rezoning and several standards. The regulations also allow a manufactured home to be installed on an individual lot in the R-25 zoning district subject to several standards. Otherwise, the city s zoning regulations do not allow manufactured homes.
Tagged Interests: planning, regulation, council, zoning, parks, hearing, and history

She continued, informing that Manufactured homes that predated the establishment of zoning in the City are treated as legal, nonconforming uses and

are allowed to continue. In addition, the regulations allow a nonconforming manufactured home on its own lot to be replaced with another manufactured home provided that the replacement occurs within 180 days of the removal of the previous manufactured home and the replacement manufactured home is either a double wide or a single wide with the axles removed and placed on a permanent foundation.
Tagged Interests: regulation, legal, zoning, and foundation

Staff researched the ordinances of several other cities in North Carolina and found a wide range of regulations regarding replacement of

non-conforming manufactured homes in zoning districts that don t allow manufactured homes.
Tagged Interests: regulation, ordinance, and zoning

Mrs. Elam submitted the proposed amendment that would allow replacement of a non-conforming manufactured home with another manufactured home in the

R-25 district only. In all other zoning districts, a non-conforming manufactured home could only be replaced with a structure that conforms to both the local zoning regulations and the state building code.
Tagged Interests: Homebuilder, regulation, zoning, and building codes

She concluded saying that Planning Board and Staff recommend approval of the amendment.

Tagged Interests: planning and boards and commissions

REGULAR MEETING - June 25, 2020

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With no further discussion, Councilwoman White moved to close the Public Hearing. Members voted 4-0 in favor of the motion

Tagged Interests: hearing

MOTION: Councilman Eaddy made a motion to approve the request. Members voted 4-0 in favor of the motion

MOTION: Councilman Jetton made a motion to approve the statement of consistency and reasonableness as follows: The proposed amendment is not

addressed by the adoption of the Lincolnton Land Use Plan. Approval of the amendment is reasonable and in the public interest in that it will limit replacement manufactured homes to the Rural Residential (R-25) zoning district and help to protect property values in more urban residential areas. Members voted 4-0 in favor of the motion.
Tagged Interests: rural, zoning, and property

ZMA-3-2020

Application from Herbilene Shehan requesting the rezoning of 1.092 acres of land from the Office Institutional (O-I) District to the

Tagged Interests: zoning

Residential-25 (R-25) District. The subject property is located at 450 Buffalo Shoals

Tagged Interests: property

Road (Parcel ID 71908)

Tagged Interests: road, streets, and property

Mayor Ed Hatley opened the public hearing, directing Planning Director Laura Elam to present the review. Mrs. Elam presented a rezoning request for a

parcel totaling approximately 1.09 acres, with the applicant requesting rezoning from the Office Institutional (O-I) district to the Residential-25 (R- 25) district. The subject property is located on the east side of Buffalo Shoals Road across from the Palisades Apartments. The address of the property is 450 Buffalo Shoals Road (Parcel ID 71908)
Tagged Interests: road, planning, streets, zoning, property, and hearing

The subject property and properties to the north are zoned O-I. The property was rezoned from R-25 to O-I in 2009 at the request of the property

owner at that time. Surrounding properties are zoned rural residential, residential office and office institutional. The subject property has a single family dwelling located on it. Land uses in the area include single-family and multi-family homes. Atrium Health Lincoln hospital is adjacent to the property to the east.
Tagged Interests: health, rural, hospital, zoning, healthcare, and property

REGULAR MEETING - June 25, 2020

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Giving some brief background history, Mrs. Elam stated that the originally adopted Lincolnton Land Use Plan designated the subject property and all

surrounding properties along this section of Buffalo Shoals Road as a Residential Suburban Planning Area. With the 2009 rezoning of the site from R-25 to O-I, the Land Use Plan was amended to designate the property within an Institutional / Office Planning Area. The Land Use Plan designates the subject property as an Institutional / Office Planning area. The proposed rezoning request is not entirely consistent with the Land Use Plan, however, staff views the request as consistent with the spirit and intent of the Land Use Plan s original designation of the area as a Residential Suburban area.
Tagged Interests: road, planning, streets, zoning, property, and history

Mrs. Elam concluded, stating that Planning Board and Staff recommend the approval of rezoning of the property from O-I to R-25 and an amendment of

the land use plan to show the property in the Residential Suburban Planning Area.
Tagged Interests: planning, boards and commissions, zoning, and property

With no questions or further discussion, Councilman Jetton moved to close the Public Hearing. Members voted 4-0 in favor of the motion.

Tagged Interests: hearing

MOTION: Councilman Watson made a motion to approve the request for rezoning. Members voted 4-0 in favor of the motion

Tagged Interests: zoning

MOTION: Councilman Eaddy made a motion to approve amendment of land use plan. Members voted 4-0 in favor of the motion

MOTION: Councilwoman White made a motion to approve the statement of consistency and reasonableness as follows: The Lincolnton Land Use Plan

designates this property as part of the Institutional-Office Planning Area, therefore the proposed rezoning request is not consistent with the Lincolnton Land Use Plan. However, the request is viewed as consistent with the spirit and intent of the Land Use Plan s original designation of this section of the Buffalo Shoals Road corridor as a Residential Suburban Planning Area. Therefore, approval of the proposed amendment is reasonable and in the public interest. Members voted 4-0 in favor of the motion
Tagged Interests: road, planning, streets, zoning, property, and corridor

REGULAR MEETING - June 25, 2020

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UPDATE TO CLEVELAND-GASTON-LINCOLN REGIONAL HAZARD MITIGATION PLAN

Tagged Interests: disaster management

Mayor Ed Hatley opened the public hearing and recognized Planning Director Laura Elam to speak to the item. Mrs. Elam briefly explained that Council

action is needed to adopt the standard, five year update to the Regional Hazard Mitigation Plan which is required by FEMA in order to qualify for certain types of federal assistance. Mrs. Elam informed there was a public input session in 2018 and a public survey conducted in early 2019. Resolution is as follows:
Tagged Interests: planning, recognition, council, hearing, disaster management, and FEMA

RESOLUTOIN TO ADOPT CLEVELAND-GASTON-LINCOLN REGIONAL HAZARD MITIGATION PLAN

Tagged Interests: disaster management

WHEREAS, the City of Lincolnton is vulnerable to an array of natural hazards that can cause loss of life and damages to public and private property;

and
Tagged Interests: property

WHEREAS, the City of Lincolnton desires to seek ways to mitigate situations that may aggravate such circumstances; and

WHEREAS, the development and implementation of a hazard mitigation plan can result in actions that reduce the long-term risk to life and property

from natural hazards; and
Tagged Interests: development, risk, Development, property, and disaster management

WHEREAS, it is the intent of the City of Lincolnton to protect its citizens and property from the effects of natural hazards by preparing and

maintaining a local hazard mitigation plan; and
Tagged Interests: property and disaster management

WHEREAS, it is also the intent of the City of Lincolnton to fulfill its obligation under North Carolina General Statutes, Chapter 166A: North

Carolina Emergency Management Act and Section 322: Mitigation Planning, of the Robert T. Stafford Disaster Relief and Emergency Assistance Act to remain eligible to receive state and federal assistance in the event of a declared disaster affecting the City of Lincolnton; and
Tagged Interests: planning, events, and emergency

WHEREAS, the City of Lincolnton, in coordination with Cleveland, Gaston and Lincoln Counties and the participating municipalities within those

Counties has prepared a multi-jurisdictional hazard mitigation plan with input from the appropriate local and state officials;
Tagged Interests: disaster management

REGULAR MEETING - June 25, 2020

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WHEREAS, the North Carolina Division of Emergency Management and the Federal Emergency Management Agency have reviewed the Cleveland Gaston Lincoln

Regional Hazard Mitigation Plan for legislative compliance and have approved the plan pending the completion of local adoption procedures;
Tagged Interests: procedure, emergency, compliance, and disaster management

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lincolnton hereby:

Tagged Interests: council

I. Adopts the Cleveland Gaston Lincoln Regional Hazard Mitigation Plan; and

Tagged Interests: disaster management

2. Agrees to take such other official action as may be reasonably necessary to carry out the proposed actions of the Plan.

Adopted on June 25, 2020.

Being no questions or further discussion, Councilman Jetton moved to close the public hearing. Members voted 4-0 in favor of the motion.

Tagged Interests: hearing

MOTION: Councilwoman White made a motion to approve the Resolution to Adopt the Cleveland, Gaston, Lincoln Regional Hazard Mitigation Plan. Members

voted 4-0 in favor of the motion
Tagged Interests: disaster management

SHARED SERVICES AGREEMENT - ADDING ZONING ENFORCEMENT

Tagged Interests: zoning and services

Both City Manager Steve Zickefoose and Planning Director Laura Elam, presented this item to Council. Mrs. Elam gave a brief summary regarding the

benefits of the proposed arrangement, as well as informed Council of the cost savings this arrangement will provide The City is currently contracting with Centralina Council of Government (CCOG) to provide code enforcement, receiving approximately 6 hours per week of onsite time for investigation services at a cost of 29,640. Mrs. Elam noted that the City does currently have a formal agreement with Centralina Council of Government, but that agreement expires July 1, 2020.
Tagged Interests: planning, council, contract, services, administrator, manager, and codes enforcement

City Manager Steve Zickefoose stated that approval by City Council will require the County Commissioners to incorporate these serviced into the

Shared Services Agreement already in place. Mr. Zickefoose informed that the plan is for this agreement to become effective July1st. However, if that is not possible, city staff will handle in-house until the County can officially begin. Mrs. Elam verified that CCOG has been notified.
Tagged Interests: council, services, administrator, and manager

REGULAR MEETING - June 25, 2020

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MOTION: Councilman Watson made a motion to approve the Shared Services Agreement with Lincoln County, adding zoning enforcement. Members voted 4-0 in

favor of the motion
Tagged Interests: zoning and services

MINIMUM STAFFING REQUREMENT AFTER CONSOLIDATION WITH BOGER CITY VOLUNTEER FIRE

Tagged Interests: human resources and volunteer

DEPARTMENT

Ryan Heavner, Fire Chief, presented a resolution regarding Minimum Staffing, which is required before the ISO 2 rating can be passed along to the

newly consolidated area. Resolution reads as follows:
Tagged Interests: human resources

R E S O L U T I O N

Minimum Staffing, Lincolnton Fire Department (R-15-20)

Tagged Interests: fire departments and districts and human resources

WHEREAS, the Lincolnton City Council Recognizes public safety as a top priority; and

Tagged Interests: recognition, council, and public safety

WHEREAS, the Lincolnton Fire Department is tasked with protecting the lives and property of the citizens and visitors of Lincolnton; and

Tagged Interests: fire departments and districts and property

WHEREAS, many studies, including one performed internally, have shown that increasing firefighter staffing levels has a positive impact on safety and

efficiency during Fire Department Operations .
Tagged Interests: fire departments and districts, human resources, and government efficiency

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and City Council of the City of Lincolnton, that minimum staffing requirements for the City of

Lincolnton Fire Department after the consolidation with the Boger City Volunteer Fire Department will be 11 firefighters on duty, and
Tagged Interests: council, fire departments and districts, human resources, and volunteer

BE IT FURTHER RESOLVED, in efforts to meet the Lincolnton Fire Department minimum staffing standards, the Lincolnton Fire Department will pay

overtime where appropriate.
Tagged Interests: fire departments and districts and human resources

Adopted and presented this the 25th day of June, 2020.

MOTION: Councilman Eaddy made a motion to adopt the Minimum Staffing Resolution as presented. Members voted 4-0 in favor of the motion

Tagged Interests: human resources

REGULAR MEETING - June 25, 2020

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