Council approves special use permit

Oct. 19—LENOIR — During the Lenoir City Council meeting on Tuesday, Oct. 18, council approved the rezoning of 15 parcels of land from heavy industrial to multi-family residential and a Special Use Permit for ground-floor residential use on a property.

A public hearing was held on Tuesday (Oct. 18) to consider rezoning 15 parcels (4.9 acres) on Underdown Avenue, Leto Place, and Pad Place from I-2 (Heavy Industrial) to R-6 (Multi-Family Residential). The request was found by city planning staff to be consistent with policy concepts in the city's Comprehensive Plan that aim to protect neighborhoods from inappropriate non-residential encroachment. Staff found the change to be reasonable and in the public interest because it accommodates existing and future residential development in a convenient location served by city infrastructure.

Once the public hearing was opened, Hannah Williams, certified zoning official, approached the podium to present the rezoning request and answer any questions from the council or members of the community.

"These are historically residential, currently residential properties, but they've been zoned industrial probably due to the ownership at Bernhardt in the past," Williams said. "But nothing is really changing on this site, it's just that, in the course of current development, we noticed that these properties were incorrectly zoned for the residential pattern of the street, so this is kind of a map correction."

According to the staff report, the aforementioned section of the neighborhood borders the Fairfield South "Funkytown" area and Overmountain Victory Trail. Fairfield South is the adopted name of the industrial area west of downtown Lenoir, sometimes called "Funkytown" due to commitment to a "funky" vibe, mixing residential and industrial land uses where higher density housing types and residential amenities can co-exist with historic and new industrial uses.

Some of the Fairfield South Community project goals were achieved through the Overmountain Victory Trail development and other historic preservation projects, such as Blue Bell in Lenoir Mills and the rails-to-trails greenway that crosses through the area to Morganton Boulevard. Maintaining residential use within walking distance of these facilities and downtown Lenoir is consistent with the city's long-term goals.

No one from the public spoke, so a motion was made to approve the rezoning.

"This is in keeping with our Comprehensive Plan," said Councilman Todd Perdue. "It seems, like [Williams] said, just to clean up maybe some oversight that happened years ago."

City Council voted unanimously to rezone this property to R-6 Multi-Family Residential as submitted.

Next, a quasi-judicial hearing was held to consider a Special Use Permit (SUP) for a ground-floor residential use at the Courtney Warehouse in the National Register Historic District and in the Central Business District (B-3) zoning district. The subject property is located at 212 Church Street NW.

City staff recommended approval of the SUP for ground-floor residential use based on the findings of the staff report given to council.

The subject property is a two-story, brick, Italianate building built in 1888, known as the Courtney Warehouse, and is a contributing building in the Downtown Lenoir National Register Historic District. The subject property is also within the Municipal Service District, Lenoir's downtown tax district that supports revitalization projects in downtown Lenoir.

The current owners also own the Courtney Department Store, where they have established a hair salon on the ground floor.

The applicant proposed to convert the Courtney Warehouse into a residential dwelling unit. According to the downtown design criteria in the Lenoir Zoning Code, "first floor uses that are not open to the public (private offices, residential uses, and similar uses)" within the National Register Historic District can only be established with a Special Use Permit. This dwelling unit will be within the existing footprint of the Courtney Warehouse, and no exterior improvements are proposed at this time.

The staff report states that the zoning code B-3 (Central Business) District is applied to the downtown core area of the city and is intended to promote the downtown Central Business District as the city's central hub for financial, professional, cultural, and governmental business by providing a variety of supporting personal services, retail uses, restaurants, and gathering spaces that help support a vibrant, active downtown for people employed in and around the district as well as transient shoppers.

Williams was sworn in before offering testimony.

"Usually, our Special Use Permits are about intensifying uses in a zoning district, but this is kind of a Special Use Permit for stepping down the intensity within our downtown and maintaining or allowing a residential use in an area that usually sees more commercial and active uses," Williams said.

No one spoke during the public hearing. The council voted unanimously to approve the Special Use Permit.

In other news, City Council voted unanimously to adopt an ordinance amending Chap. 13 of the Lenoir City Code to add Article V, "Downtown Social District," directing staff to prepare a management and maintenance plan and detailed map, and providing for severability, codification, and an effective date as submitted. A public hearing and first reading was held on Tuesday, Oct. 4.

The Downtown Social District is a walkable geographic area in downtown Lenoir where local bars and restaurants can sell alcoholic beverages to be consumed throughout the district, subject to certain rules and limitations. This social district shall be in effect between the hours of 12 p.m. and 10 p.m. Wednesday through Saturday.