TO: Mayor and Members of City Council
THRU: Kelly Strickland - Assistant City Manager
Dr. Gerald Newton, AICP - Development Services Director
FROM: Craig Harmon, CZO - Senior Planner
DATE: May 27, 2025
RE:
Title
SUP25-04 - Special Use Permit (SUP) to allow for the reduction in the separation requirement between public street right-of-way and an Ice House, located at 2726 Raeford Rd (REID # 0427217637000) and being the property, WIN-KAS NC LLC and project owner Davance Locklear Two Cams.
end
COUNCIL DISTRICT(S):
Council District(s)
5 - Greene
b
Relationship To Strategic Plan:
Goal III: City Investment in Today and Tomorrow
Objective 3.2: To manage the City’s future growth and strategic land use
Executive Summary:
City Council is asked to hold an Evidentiary Hearing to determine whether a Special Use Permit (SUP) should be approved or denied. If approved, the SUP will reduce the 100-foot separation requirement between an Ice House located at 2726 Raeford Road and public right-of-way to approximately 85 feet, as shown on the attached site plan. The Ice House structure is already constructed.
During an Evidentiary Hearing, the burden of demonstrating that an application complies with applicable review and approval standards of this Ordinance is on the applicant, which shall be demonstrated by competent, material, and substantial evidence. The burden is not on the City or other parties to show that the standards have not been met by the applicant.
Background:
This Ice House is located in the Highland Centre shopping center, which is also home to Harris Teeter. The main business on the property in question is Hunan Garden. Its building has been on the property since prior to 1982 according to the Cumberland County GIS.
The Applicant is requesting a reduction in the 100-foot separation standards between an Ice House located at 2726 Raeford Road and public right-of-way. The Applicant’s request would reduce the separation down to approximately 85 feet.
Owner: WIN-KAS NC LLC
Applicant: Davance Locklear Two Cams
Requested Action: SUP - Reduction in separation between use and public right-of-way.
Property Address: 2726 Raeford Rd
Council District: 5 - Greene
Status of Property: CC - Restaurant
Size: Approximately 0.83 acres
Adjoining Land Use & Zoning:
• North - CC: Highland Center strip center
• South - CC: Chick-fil-a
• West - CC: Panera Bread
• East - CC: Highland Center strip center parking lot
Letters Mailed: 94
2022 Annual Average Daily Traffic: Raeford Road - 31,000
Land Use Plans:
Following the adoption of the 2040 Comprehensive Plan: Future Land Use Map & Plan on May 26, 2020, all properties within the city limits, as well as those in the Municipal Influence Area, are subject to its guidelines. The Plan recommends that this part of the city be developed as Highway Commercial - HC, which primarily includes high intensity nonresidential uses often near major intersections and highway interchanges (hotels, gas stations, big box retail, fast food). Redevelopment is not likely to include residential. Buffers for adjacent uses.
Additional Reviews:
A Technical Review Committee examination was conducted as part of the Special Use Permit process. As this is an existing use, the only comments were regarding the UDO issues being handled through this SUP process.
Issues/Analysis:
Surrounding Area:
The surrounding area consists of a mix of commercial uses including groceries, restaurants, retail, and gas stations. The Highland Center where this property is located is most known for having Harris Teeter as one of its tenants.
The Ice House in question was built in 2023. Compliance with Ordinance Requirements, all accessory uses and accessory structures shall conform to the applicable requirements of this Ordinance, including the district standards in Article 30-3: Zoning Districts, and the use regulations in Article 30-4: Use Standards, and the development standards in Article 30-5: Development Standards. The provisions of this section establish additional standards and restrictions for particular accessory uses and structures as follows.
Ice House
Ice houses of 50 square feet in size or larger shall comply with the following requirements:
1. Ice houses shall be located at least 100 linear feet from any public street right-of-way.
2. The ice house shall be surrounded with plantings (excluding any areas necessary for dispensing or servicing) on any side facing a public street or residentially- zoned land. Plantings shall be at least 36 inches in height at the time of planting.
3. Ice houses shall be served by a semi-circular parking and vehicular access area that removes the need for backing. In cases where the ice house is located within an established surface parking area, accessways shall be painted or otherwise designated.
4. Any signage shall have a maximum copy area of 16 square feet.
5. All roof-top mechanical equipment shall be screened.
6. Exterior lighting shall be provided in accordance with the standards in Section 30-5.E, Exterior Lighting.
7. A litter receptacle shall be provided, and shall be maintained in a sanitary condition.
8. Ice houses shall not be allowed as a primary use and shall be designed with an exterior closure that is similar to the primary structure on the site.
9. Existing ice houses in place prior to July 1, 2011 shall comply with these standards by July 1, 2014.
Special Use Permit Request:
The owner is requesting a reduction in the 100-foot separation standards between an Ice House and public right-of-way. The applicant’s request would reduce the separation down to approximately 85 feet.
Use-specific standards are the requirements applied to individual use types regardless of the zoning district in which they are located or the review procedure by which they are approved. This section is intended to identify the use-specific standards for all principal uses identified in Table 30-4.A, Use Table, as subject to "additional requirements." These standards may be modified by other applicable requirements in this Ordinance.
These standards are not subject to a variance request. However, with the following exceptions or as explicitly stated in other sections of this ordinance, the separation standards may be reduced upon approval of a special use permit finding that the reduction in the separation standard does not increase negative impacts on surrounding uses and that there are specific characteristics that help minimize any negative impacts, such as natural or man-made features that create visual or physical separation between the uses. Consistent with standards for the procedure in Article 30-2.C.7 Administration - Special Use Permit, conditions may be attached to further minimize or prevent negative impacts, including limitations on hours of operation, maximum size, or range of activities.
Budget Impact:
This action should result in no increase in City Services.
Options:
OPTION 1
I move to APPROVE the Special Use Permit to allow the reduction of the separation requirement between an Ice House and public right-of-way and subject to the submitted site plans and conforming to the current Unified Development Ordinance standards as depicted on the attached site plan, as presented by staff, based on the standards of the City's development code and the evidence presented during this hearing. And that the application is consistent with applicable plans because: (1) the development is located in a Community Commercial (CC) zoning district and (2) that this use complies with the findings listed and (3) the proposed permit is in the public interest because the proposed SUP does fit with the character of the area.
[Applicable to Motion to Approve] If approved, this Special Use Permit shall become effective with the approval of the Order of Findings by the City Council. The SUP shall expire one year from its effective date if a building permit is not issued within that time.
*For a motion to approve, all six findings below must be met:
1. The special use complies with all applicable standards, conditions, and specifications in this Ordinance, including in Section 30-4.C, Use-Specific Standards;
2. The special use will be in harmony with the area in which it is located;
3. The special use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved;
4. The special use is in general conformity with the City's adopted land use plans and policies;
5. The special use will not substantially injure the value of the abutting land, or the special use is a public necessity; and
6. The special use complies with all other relevant City, State, and Federal laws and regulations.
OPTION 2
I move to DISAPPROVE the Special Use Permit (SUP) for the reduction of the separation requirement between an automotive wrecker service and residentially zoned property as depicted on the attached site plan, as presented by staff, based on the standards of the City's development code and the evidence presented during this hearing. And that the application does not meet the finding(s) of fact listed below. More specifically finding(s) #_____.]
* For a motion to deny only one of the findings shown below needs to not apply.
1. The special use complies with all applicable standards, conditions, and specifications in this Ordinance, including in Section 30-4.C, Use-Specific Standards;
2. The special use will be in harmony with the area in which it is located;
3. The special use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved;
4. The special use is in general conformity with the City's adopted land use plans and policies;
5. The special use will not substantially injure the value of the abutting land, or the special use is a public necessity; and
6. The special use complies with all other relevant City, State, and Federal laws and regulations.
[Applicable to Motion to Deny] If denied this action shall become effective upon the approval of the Order of Findings by the City Council.]
Recommended Action:
Staff recommends that City Council hold an Evidentiary Hearing and base their decision on the evidence and testimony provided.
Attachments:
1. Application
2. Aerial Map
3. Zoning Map
4. Land Use Plan Map
5. Subject Properties
6. Surrounding Properties
7. Site Plan
8. Separation Request Map
9. PowerPoint