Two Properties rezoned: City council denies amending zoning on Bumgardner property
By Loretta Cozart
On Tuesday, July 28, Kings Mountain livestreamed the city council meeting online. In an effort to comply with mitigation standards and social distancing as required by the Governor of North Carolina, the city shared the meeting on its website. Due to technical difficulties there was no audio.
Below are the actions taken by city council during the meeting. Without audio, the Herald cannot report on discussions between council members. The city clerk shared what actions were taken.
A motion was made by Councilman Jay Rhodes and seconded by Mike Butler to approve the Consent Agenda. The vote was unanimous. Items approved included minutes of the Special Session of June 11, 2020 and the Regular Meeting of June 30.
Two budget amendments required Council approval:
• Budget amendment in the amount of $12,000 to budget funds for Library window restoration.
• Budget amendment in the amount of $7,000 to account for Senior Center restricted donations/contributions and to establish an expenditure line item for expenditures of these restricted funds. Council approval is required due to the fact that we are increasing the total General Fund Budget.
Mayor Neisler was authorized to execute a Moss Lake Use Agreement which would allow the Eaton Bass Masters Club to host a non-profit event on October 3. This event would be held from 7 am to 3 pm. This event has been approved by the Moss Lake Commission.
City Council adopted a Resolution directing the City Clerk to investigate a Voluntary Non-Contiguous Annexation Petition received under N.C.G.S. § 160A-58.1 for E5 Holdings, LLC for property located at 245 Dixon School Road, containing 22.46 acres, Parcel #11650, Map 4-41, Block 1, Lot 2 – Case No. VA-2020-1.
City Council adopted a Resolution directing the City Clerk to investigate a Voluntary Non-Contiguous Annexation Petition received under N.C.G.S. § 160A-58.1 for Roadside Truck Plaza for property located at 259 Dixon School Road, containing 6.24 acres, Parcel #11658, Map 4-41, Block 1, Lot 10 – Case No. VA-2020-2.
A Public Hearing was scheduled for Tuesday, August 25 at 6 pm at the City Council Meeting to discuss amending the City of Kings Mountain’s Street Tree Plan and Article XI – Landscaping Ordinance, Sections 11.1 thru 11.4.
A Public Hearing was scheduled for Tuesday, August 25 at 6 pm at the City Council Meeting to consider a request from Royster Oil Company, Owners, for a rezoning of property located at Shelby Road Lot, Parcel #13757 from R-10 to CU-CB and property located at 1903 Shelby Road, Parcel #11034 from NB to CU-GB for their existing company – Case No. Z-1-3-20.
City council entered into a Public Hearing to consider two requests. The first from E5 Holdings, LLC, Owner, for rezoning of property known as 245 Dixon School Road, containing 22.46 acres, Parcel #11650, Map 4-41, Block 1, Lot 2 from Light Industrial (LI) to General Business (GB) – Case No. Z-2-6-20.
The second item was from request from Trent Testa, Roadside Truck Plaza, Inc. Owner, for rezoning of property known as 259 Dixon School Road, containing 6.24 acres, Parcel #11658, Map 4-41, Block 1, Lot 10 from Light Industrial (LI) to General Business (GB) – Case No. Z-1-6-20.
Both requests were discussed at the Planning and Zoning Board earlier on July 14 and the board recommended making the zoning change. The vote was 10 to 1. Board member Renee Bost cast the dissenting vote.
After returning to the Regular Meeting, Councilman Keith Miller made the motion to adopt a consistency statement in Favor the request by E5 Holdings, LLC, Owner, for rezoning of property known as 245 Dixon School Road, containing 22.46 acres, Parcel #11650, Map 4-41, Block 1, Lot 2 from Light Industrial (LI) to General Business (GB) - Case No. Z-2-6-20. Seconded by Councilwoman Annie Thombs, the vote was unanimous.
Councilman Jay Rhodes made the motion to approve an Ordinance amending the Kings Mountain Zoning Ordinance rezoning property known as 245 Dixon School Road from Light Industrial (LI) to General Business (GB). Councilman Jimmy West seconded the motion and the vote was unanimous.
Councilman Jay Rhodes made the motion to adopt a consistency statement in Favor of the a request by Trent Testa, Roadside Truck Plaza, Inc. Owner for rezoning of property known as 259 Dixon School Road, containing 6.24 acres, Parcel #11658, Map 4-41, Block 1, Lot 10 from Light Industrial (LI) to General Business (GB) – Case No. Z-1-6-20. Councilman Miller seconded the motion and the vote was unanimous.
Councilman Jay Rhodes made the motion to approve an Ordinance amending the Kings Mountain Zoning Ordinance rezoning property known as 259 Dixon School Road, from Light Industrial (LI) to General Business (GB). Councilman Mike Butler seconded the motion and the vote was unanimous.
Stuart Gilbert, Economic Development and Planning Director, made a presentation on changes to consistency statements and reasonableness statements due to Chapter 160D update.
Councilman Tommy Hawkins make the motion to authorize the City Manager to execute a Memorandum of Understanding (MOU) between Kings Mountain Fire Department and Gaston Emergency Medical Services (GEMS) to take delivery of Motorola radios that communicate on the 800 MHz frequency. This partnership with GEMS will allow us to directly communicate with both Gaston and Cleveland Counties, and will provide higher quality of service to our citizens. Councilman Jay Rhodes seconded the motion and the vote was unanimous.
Last month, Michael Bumgardner made a request for amending the Kings Mountain Zoning Ordinance Application of property located on York Road, Map 4-79, Block 1, Lot 45 Parcel #63398 for removal from the literal provision of the City of Kings Mountain’s Thoroughfare Protection (TP) Overlay Section 6.16 Overlay Districts (3), which will remove the property from the Official Overlay District Map – Case No. A-1-2-20 – This public hearing was heard and closed at the regular meeting of June 30. Action was tabled until the next regular meeting.
Councilman Keith Miller made a motion to deny adopting a consistency statement request by Michael Bumgardner, Owner. Councilwoman Annie Thombs seconded the motion. Council’s vote was 6 to 1, with Councilman David Allen voting against the motion.
Councilman Jay Rhodes made a motion denying an Ordinance amending the Kings Mountain Zoning Ordinance removing property located on York Road. The motion was seconded by Annie Thombs. Council’s vote was 6 to 1, with Councilman David Allen voting against the motion.
On Tuesday, July 28, Kings Mountain livestreamed the city council meeting online. In an effort to comply with mitigation standards and social distancing as required by the Governor of North Carolina, the city shared the meeting on its website. Due to technical difficulties there was no audio.
Below are the actions taken by city council during the meeting. Without audio, the Herald cannot report on discussions between council members. The city clerk shared what actions were taken.
A motion was made by Councilman Jay Rhodes and seconded by Mike Butler to approve the Consent Agenda. The vote was unanimous. Items approved included minutes of the Special Session of June 11, 2020 and the Regular Meeting of June 30.
Two budget amendments required Council approval:
• Budget amendment in the amount of $12,000 to budget funds for Library window restoration.
• Budget amendment in the amount of $7,000 to account for Senior Center restricted donations/contributions and to establish an expenditure line item for expenditures of these restricted funds. Council approval is required due to the fact that we are increasing the total General Fund Budget.
Mayor Neisler was authorized to execute a Moss Lake Use Agreement which would allow the Eaton Bass Masters Club to host a non-profit event on October 3. This event would be held from 7 am to 3 pm. This event has been approved by the Moss Lake Commission.
City Council adopted a Resolution directing the City Clerk to investigate a Voluntary Non-Contiguous Annexation Petition received under N.C.G.S. § 160A-58.1 for E5 Holdings, LLC for property located at 245 Dixon School Road, containing 22.46 acres, Parcel #11650, Map 4-41, Block 1, Lot 2 – Case No. VA-2020-1.
City Council adopted a Resolution directing the City Clerk to investigate a Voluntary Non-Contiguous Annexation Petition received under N.C.G.S. § 160A-58.1 for Roadside Truck Plaza for property located at 259 Dixon School Road, containing 6.24 acres, Parcel #11658, Map 4-41, Block 1, Lot 10 – Case No. VA-2020-2.
A Public Hearing was scheduled for Tuesday, August 25 at 6 pm at the City Council Meeting to discuss amending the City of Kings Mountain’s Street Tree Plan and Article XI – Landscaping Ordinance, Sections 11.1 thru 11.4.
A Public Hearing was scheduled for Tuesday, August 25 at 6 pm at the City Council Meeting to consider a request from Royster Oil Company, Owners, for a rezoning of property located at Shelby Road Lot, Parcel #13757 from R-10 to CU-CB and property located at 1903 Shelby Road, Parcel #11034 from NB to CU-GB for their existing company – Case No. Z-1-3-20.
City council entered into a Public Hearing to consider two requests. The first from E5 Holdings, LLC, Owner, for rezoning of property known as 245 Dixon School Road, containing 22.46 acres, Parcel #11650, Map 4-41, Block 1, Lot 2 from Light Industrial (LI) to General Business (GB) – Case No. Z-2-6-20.
The second item was from request from Trent Testa, Roadside Truck Plaza, Inc. Owner, for rezoning of property known as 259 Dixon School Road, containing 6.24 acres, Parcel #11658, Map 4-41, Block 1, Lot 10 from Light Industrial (LI) to General Business (GB) – Case No. Z-1-6-20.
Both requests were discussed at the Planning and Zoning Board earlier on July 14 and the board recommended making the zoning change. The vote was 10 to 1. Board member Renee Bost cast the dissenting vote.
After returning to the Regular Meeting, Councilman Keith Miller made the motion to adopt a consistency statement in Favor the request by E5 Holdings, LLC, Owner, for rezoning of property known as 245 Dixon School Road, containing 22.46 acres, Parcel #11650, Map 4-41, Block 1, Lot 2 from Light Industrial (LI) to General Business (GB) - Case No. Z-2-6-20. Seconded by Councilwoman Annie Thombs, the vote was unanimous.
Councilman Jay Rhodes made the motion to approve an Ordinance amending the Kings Mountain Zoning Ordinance rezoning property known as 245 Dixon School Road from Light Industrial (LI) to General Business (GB). Councilman Jimmy West seconded the motion and the vote was unanimous.
Councilman Jay Rhodes made the motion to adopt a consistency statement in Favor of the a request by Trent Testa, Roadside Truck Plaza, Inc. Owner for rezoning of property known as 259 Dixon School Road, containing 6.24 acres, Parcel #11658, Map 4-41, Block 1, Lot 10 from Light Industrial (LI) to General Business (GB) – Case No. Z-1-6-20. Councilman Miller seconded the motion and the vote was unanimous.
Councilman Jay Rhodes made the motion to approve an Ordinance amending the Kings Mountain Zoning Ordinance rezoning property known as 259 Dixon School Road, from Light Industrial (LI) to General Business (GB). Councilman Mike Butler seconded the motion and the vote was unanimous.
Stuart Gilbert, Economic Development and Planning Director, made a presentation on changes to consistency statements and reasonableness statements due to Chapter 160D update.
Councilman Tommy Hawkins make the motion to authorize the City Manager to execute a Memorandum of Understanding (MOU) between Kings Mountain Fire Department and Gaston Emergency Medical Services (GEMS) to take delivery of Motorola radios that communicate on the 800 MHz frequency. This partnership with GEMS will allow us to directly communicate with both Gaston and Cleveland Counties, and will provide higher quality of service to our citizens. Councilman Jay Rhodes seconded the motion and the vote was unanimous.
Last month, Michael Bumgardner made a request for amending the Kings Mountain Zoning Ordinance Application of property located on York Road, Map 4-79, Block 1, Lot 45 Parcel #63398 for removal from the literal provision of the City of Kings Mountain’s Thoroughfare Protection (TP) Overlay Section 6.16 Overlay Districts (3), which will remove the property from the Official Overlay District Map – Case No. A-1-2-20 – This public hearing was heard and closed at the regular meeting of June 30. Action was tabled until the next regular meeting.
Councilman Keith Miller made a motion to deny adopting a consistency statement request by Michael Bumgardner, Owner. Councilwoman Annie Thombs seconded the motion. Council’s vote was 6 to 1, with Councilman David Allen voting against the motion.
Councilman Jay Rhodes made a motion denying an Ordinance amending the Kings Mountain Zoning Ordinance removing property located on York Road. The motion was seconded by Annie Thombs. Council’s vote was 6 to 1, with Councilman David Allen voting against the motion.