On the agenda: Kings Mountain meeting — Data Center (Apr 7)

Agenda for the Planning and Zoning Board Regular Meeting
Tuesday, April 7, 2026, at 5:30 PM
Council Chambers at City Hall 101 West Gold Street Kings Mountain, NC 28086
1. Call to Order and Determination of a Quorum – Chairman Keith Bradley
2. Invocation
3. Pledge of Allegiance
4. Adoption of the Proposed Agenda
5. Adoption of February 3, 2026, Regular Meeting Minutes
6. New Business
A. Z-26-3 Consider an Amendment to the City of Kings Mountain Zoning Map
Changing Parcel 67752 from unzoned to Auto-Urban Commercial (AU)
B. Z-26-2 Consider an Amendment to the Unified Development Ordinance to Revise
Sidewalk and Fee-in-Lieu Standards
C. Z-26-5 Discussion on Data Center Standards
7. Motion to Adjourn

PLANNING AND ZONING BOARD MEETING OF FEBRUARY 3, 2026 minutes
Chairman Keith Bradley called the meeting to order at approximately 5:30 pm and Shaun Grier led the invocation.
The Chair led the Pledge of Allegiance and welcomed the participants in today’s meeting. The Planning and Zoning
Board members who were present included: Chairman Keith Bradley, Edy Bergstrom, Sean Hickman, Shaun Grier,
Vice-Chairman James Holmes, and Adrienne Woods. Ron Humphries was absent.
The Chair entertained a motion to approve the agenda for tonight’s meeting. Adrienne Woods made a motion to
approve the adoption of the Agenda, Edy Bergstrom seconded the motion, and it passed unanimously.
The Chair entertained a motion to approve the minutes from the January 6, 2025 meeting. Vice-Chair James
Holmes made a motion to approve the adoption of the minutes, Sean Hickman seconded the motion, and it passed
unanimously.
Case Z-26-1 Performance Flex
The Chair introduced the case and asked for a staff report. Henry Earle, Planning Director, presented this case
advising the board that the current Unified Development Ordinance (UDO) lays out lot standards for Minor and
Major Subdivisions. This amendment would promote higher-quality developments on smaller lots for minor
subdivisions, improve UDO language and standards to match the intent of Performance Flex Lot option, support a
wider range of developments on different-sized lots, better reflect the city’s desire to see more emphasis on home
improvements, and provide more options to developers while ensuring the quality of housing types. These options
are not mandatory but would be available to developers who want to use smaller lots. The board asked about why
this case was being presented and other questions including lot sizes and how the points would be used in a real
situation. The board suggested that the numbers presented seemed too easy for developers to achieve and asked staff
to consider if higher points would be beneficial to the city.
After discussion, the Chair called for a motion to table this Case and bring back to the next Planning and Zoning
meeting. Shaun Grier made the motion, Edy Bergstrom seconded the motion and the vote was unanimous.
The board asked for a group chat with Planning and the board members to further discuss/explain the options.
With no other matters to discuss, the Chair entertained a motion to adjourn.
Adrienne Woods made a motion to adjourn, James Holmes seconded and the vote was unanimous.

________________________________
Chairman Keith Bradley

________________________________
Madeline Grigg, Secretary

STAFF REPORT

For the Kings Mountain Planning and Zoning Board Meeting on April 7, 2026
DATE: March 30, 2026

CASE: Z-26-3

TO: Kings Mountain Planning and Zoning Board
FROM: Planning Department
PREPARED BY: Nicholas C. Schrum, Planner I
TITLE
Consider an Amendment to the City of Kings Mountain Zoning Map Changing Parcel 67752 from
unzoned to Auto Urban Commercial (AU)
PURPOSE:
To consider the applicant’s request to change the zoning district on parcel 67752 located at the corner
of N Piedmont Avenue and Linwood Road from unzoned to Auto Urban Commercial (AU).
BACKGROUND AND FINDINGS:
Parcel 67752 is a 0.31-acre tract located at the corner of N Piedmont Avenue and Linwood Road. The
parcel is currently unzoned as it was formerly held by the North Carolina Department of Transportation
for a future Right-of-Way (ROW) for N Piedmont Ave. Now that the parcel has been conveyed tit must
be assigned an initial city zoning designation to establish permitted uses, dimensional standards, and
development regulations consistent with the surrounding area.
The requested zoning district is Auto Urban Commercial (AU) which permits a broad range of single use
and multi-tenant purposes in addition to various entertainment, retail services, and office uses. The
Auto Urban Commercial (AU) district is designed to accommodate commercial activity typically found
along major transportation corridors which is consistent with the parcel's location along much of the US
216 corridor. This designation would allow for development that is compatible with the existing adjacent
Auto Urban Commercial (AU) zoned parcels to the south of the subject property.
According to the Future Land Use (FLU) map, parcel 67752 does not carry a designation. Once the parcel
is rezoned, the Future Land Use Plan would update according to the zoning district assigned to it.
FINANCIAL IMPACTS:
Assigning an AU zoning designation to this previously unzoned parcel would allow for future commercial
development of the site and generate additional commercial tax revenue for the city.

RECOMMENDATION:
Planning staff supports the zoning request because it aligns with existing Auto Urban (AU) zoned parcels
to the south and within its immediate contiguous area.
ALTERNATIVES:
The Planning and Zoning Board can recommend denial of the requested rezoning map amendment as
proposed by staff.
ATTACHMENTS:
1.) Z-26-3 Aerial Map
2.) Z-26-3 Current Zoning Map
3.) Z-26-3 Proposed Zoning Map
4.) Z-26-3 Current Future Land Use Map
5.) Z-26-3 Proposed Future Land Use Map
6.) Z-26-3 Deed

Department Head Signature: ____Henry Earle_______________

February 18, 2026

City of Kings Mountain, NC

Record No: Z-263
Application for
Rezoning or Text
Amendment
Status: Active
Submitted On: 1/30/2026

Primary Location

Applicant

0 N Piedmont Avenue
Kings Mountain, NC 28086

Christina Hutchins
704-692-2966
[email protected]
506 Allison Ct
Kings Mountain, NC 28086

Owner
Christopher and Christina
Hutchins
Allison ct 506 Allison Court
Kings Mountain, NC 28086

General Information
Type of Application*

Is the Applicant the property owner?*

Rezoning

yes

Applicant's comments

Purchased the property and seeking to rezone same as joining parcels

Rezoning
Company/Corporate Name

Acreage*

0.31

Current Zoning*

Proposed Zoning*

Unzoned/ Not Applicable (N/A)

Auto-Urban Commercial (AU)

Are you rezoning an entire parcel(s)?*

Parcel Number(s)*

Yes

67752

Current Use*

no current use

I hereby certify that I am the owner, contractor, or
authorized agent of the owner, and the above
information is correct to the best of my knowledge
and hereby make application for a rezoning permit.
Any information given that is incorrect will cause this
application to become null and void. I acknowledge
that withdrawal of this application after notice has
been made will result in forfeiture of any application
fees associated with said application. *

Christopher John Hutchins
Jan 30, 2026

STAFF REPORT

For the Kings Mountain Planning and Zoning Board Meeting of: April 7, 2026
DATE: March 30, 2026

CASE: Z-26-2

TO: Kings Mountain Planning and Zoning Board
FROM: Development Services
PREPARED BY: Jaylon M. Smallwood, Planner II
TITLE
Consider an Amendment to the Unified Development Ordinance to Revise Sidewalk and Fee-in-lieu
Standards

PURPOSE:
To consider amending Section 156.50.03(J) General Provisions and 156.70.02.J, Sidewalks and
Accessibility, of the Unified Development Ordinance (UDO) to determine where sidewalks are required
for minor subdivisions and review the City’s fee-in-lieu program as requested by City Council.
BACKGROUND AND FINDINGS:
City Council has requested staff to review Performance Flex for smaller developments under five lots.
Staff originally presented Council with proposed standards in late 2025. Council gave staff direction and
comments to consider. Staff presented again to Council at the 3/10/26 meeting and received permission
to begin working with the Planning and Zoning Board, ultimately bringing a recommendation for
Council’s consideration.
Sidewalks are currently required on all new builds, expansions of over 50%, and changes in use. Staff
proposes standards that would eliminate sidewalk requirements from infill development (unless there is
an existing sidewalk already) while keeping requirements for commercial and industrial development
along arterial roads or adjacent to existing sidewalks. Below are staff’s proposed standards.

UDO:156.50.03(J) – General Provisions, Sidewalks.
•

Generally, sidewalks will be required for:
o New construction on vacant property, reconstruction of property, or
renovation/expansion if the total expansion footprint is 50% or 50,000 square feet,
whichever is less.
o Change of use without a change in structures will not result in a sidewalk requirement.

o
o
o
o
•

Unless otherwise noted, sidewalks will be six feet in width and built to the road crosssection standards found in Section 156.70.02.D, Street Cross Sections
Corner lots are expected to install sidewalks along both sections of right-of-way
bordering the property.
Sidewalk construction is not required on property in the ETJ.
See below for more specific details related to the type of use.

Zoning District Standards:
o Residential
 Major Subdivisions
• Sidewalks are required on both sides of the new right-of-way when
constructing new roads.
• If the subdivision is along an existing road, sidewalks are required only
on the side of the road on which the development is occurring.
• On an existing road, sidewalk width can be reduced at the Planning
Director’s discretion if parcel characteristics (topography, existing
utilities, etc.) make installing six-foot wide sidewalks prohibitive, or the
developer may request for a payment in lieu.
 Minor Subdivisions and Infill
• In residential zoning districts, for minor subdivisions and infill
development of a single-family home, duplex, or townhome, sidewalks
are required if there is an existing sidewalk on an adjacent parcel. The
sidewalk must be extended at the width listed above.
• If there is no existing sidewalk on the adjacent property, on the same
side of the street, no sidewalk will be required.
• For minor subdivisions, pre-subdivision property lines will be used to
determine adjacent sidewalks.
 Multifamily development (apartments, townhomes)
• Sidewalks are required at the road right-of-way for all multifamily
developments.
• In the case of apartments, an internal network of sidewalks is required,
connecting parking lots to buildings at the same width as sidewalks
along the right-of-way.
o Commercial and Industrial
 Sidewalks will be constructed on all commercial and industrial projects that
meet the above required standards on arterial roads, regardless of the status of
sidewalks on adjacent property. This standard does not apply to parcels fronting
on Shelby Road.
 For commercial or industrial projects on Shelby Road or non-arterial roads,
sidewalks will be required if there is an existing sidewalk on adjacent property,
or if the city has existing plans to develop sidewalks on adjacent property within
two years of the date of commercial site plan submittal.

Payment in Lieu Program: The UDO states that the city can use a payment in lieu for sidewalks if a
developer requests it and has justification for it. Developers have inquired with staff regarding this item
but there is no process for how this would be implemented. Below is the staff’s proposal for how this
would work if requested.

UDO: 156.70.02.J(E) - Fee-in-lieu Sidewalk Construction Option.
I.

There may be development projects where sidewalk construction is impractical due to
topography, insufficient right-of-way width, existing infrastructure, or distance from existing
sidewalk. When applicable, the following regulations shall govern the payment in lieu
program.
A. Justification. The developer of the project must submit to the Planning Office a
justification for requesting payment in lieu of building required sidewalks, explaining the
impracticalities of building a sidewalk for this project. The request will also include the
following:
i. A site plan showing any hindrance to sidewalk development on this property.
The hindrance must be at least one of the following:
1. Topography: The terrain on the property has drainage concerns, stream
buffers, or other natural features within the right-of-way that would
make it impractical to build sidewalks.
2. Right of way width: The right of way is forty (40) feet in width or less,
with less than ten (10) feet of ROW on the side of the street in question.
3. Existing infrastructure: Drainage ditches, buried infrastructure
(electrical, gas, sewer, water, and/or fiber lines) that would be costprohibitive.
4. Distance from existing sidewalk: The property, measured from the
nearest point on the property line, is more than 1000 feet away from
any existing sidewalk.
ii. A detailed cost estimate with the following information:
1. Engineering costs for the design of the sidewalk.
2. 110% of the actual cost of installation. The actual cost will be
established by the City as a price per linear foot of construction.
3. The City Engineer, Public Works Director, and/or Planning Director will
review the proposed estimate for accuracy.
B. Approval. The payment in lieu request for any project must be approved by the City
Engineer, the Public Works Director, and the Planning Director. The approval will be
presented to the developer in writing.
C. Payment. The payment in lieu payment will be paid to the city, in full, before any
certificate of occupancy shall be issued.
D. Use of funds. The funds paid to the city in lieu will be put into a sidewalk master fund
and will be used, at the city’s discretion, for sidewalk projects. Paying the payment in
lieu does not guarantee that the city will build a sidewalk on the property for which the
fee was paid, at the time of construction or at any point in the future.

COMPREHENSIVE PLAN:
When considering any text amendment, the Comprehensive Plan must be considered. Staff find that the
proposed text amendment supports the following goals:
1. Housing
a. Housing Goals for Kings Mountain:
i. D: Promote connectivity through design and open space encouragement to
allow for walking trails, sidewalk development, and overall pedestrian access
through neighborhoods.

b. Policies for Housing:
i. G: Continue to improve permitting processes to avoid denial of potential
projects that would benefit and promote the overall goals of the community
and this plan.
FINANCIAL IMPACTS:
This text amendment would allow for the development of more lots, adding to the tax bracket while
preserving core sidewalk standards.
RECOMMENDATION:
Staff recommends that Council ask staff to take this amendment to the Planning and Zoning Board for
official review and to bring back a recommendation for Council’s approval.
ALTERNATIVES:
Council can ask staff to amend standards before going to the Planning and Zoning Board.
ATTACHMENTS:
1.) Staff Report
Department Head Signature: ____Henry Earle_______________

STAFF REPORT

For the Kings Mountain Planning and Zoning Board Meeting of April 7, 2026
DATE: 3/30/26
TO: Kings Mountain Planning and Zoning Board
FROM: Development Services
PREPARED BY: Henry Earle, Planning Director
TITLE
Data Center Standards
PURPOSE:
In response to a six month moratorium placed on all new data center projects Planning Staff beginning
work on standards for data centers.
BACKGROUND AND FINDINGS:
The City of Kings Mountain has multiple data centers within its corporate limits. They are currently a
permitted use by right in the Light and Heavy Industrial zoning districts. However, over the last year, the
city has begun to receive interest from several groups for larger, more sophisticated, AI focused data
centers. These are larger in scale and intensity than the data centers that currently exist in the city.
This shift in the way data centers are constructed and operated has caused concern over the lack of
standards in the City of Kings Mountain’s UDO. On February 24, 2026, City Council passed a 182-day
moratorium on permitting new data centers, so that staff could research and prepare standards that
would prepare the city to permit this use responsibly in the future. Staff is making a distinction between
data centers and data centers with primary onsite power generation. Many of the newer, hyperscale data
centers are asking for far more power than the grid can offer and are contemplating construction of onsite
power plants to generate the power they need.
Staff has prepared a rough draft for review by the Planning and Zoning Board, including minimum lot sizes,
setbacks and screening, sound, etc., and this will be the jumping point for the Board to begin discussion.
There are a host of issues when considering data centers, from utility usage to environmental impact, to
zoning district permission, many of which are within the Planning and Zoning Board’s purview to consider,
some of which are not.

RECOMMENDATION:
Development Services requests the Kings Mountain Planning and Zoning Board work with staff on
creating standards that are practical, enforceable, and make sense for development in this city.
ATTACHMENTS:
-Staff Report
-Draft Ordinance

Section 156.170: Use Definitions:
•

•

Data Center: A structure or set of structures used primarily to house computer
systems, servers, data storage devices, communications equipment, and
associated mechanical and electrical infrastructure (such as backup generators,
cooling systems, and power supply equipment) used for the storage, processing,
management, and distribution of digital data. This definition includes, but is not
limited to, cryptocurrency, data farms, block chain, and AI processing and training.
This use does not include server rooms or closets, which are incidental to an
existing primary use located on the property.
Primary on-site power generation: A self-contained power system, located
physically on the same parcel as the primary use, that generates electricity, to
handle a significant portion (up to 100%) of the facility’s power demand,
independent of the public grid. These facilities operate continuously as the primary
power supply, not to be confused with backup power systems. These facilities do
not provide power to the grid for public consumption.

Section 156.30.02 Land Use Matrix:
Use Category: Data Center
Specific Use: Data Center: Use with Limitations in HI and LI (Enhanced screening)
Data Center with Primary Onsite Power Generation: Use with Limitations in HI and LI

DATA CENTERS WITHOUT ONSITE POWER GENERATION
Limited Use Standard: As permitted in the Land use Matrix, Data Centers without Primary
Onsite Power Generation are permitted with the following standards:
•

Landscaping/Screening/Bufferyards: All projects shall adhere to all specific zoning
district standards found in Section 156.60.02.

•

Lighting:

•



All freestanding lighting shall be full cut-off, as shown in Section 156.60.04,
Outdoor Lighting, and shall meet the setback standards found therein.



Structure mounted exterior lighting shall also be full cut-off and shall not
project above the roofline or top of the structure it is on.

Noise: Data centers shall be subject to the noise ordinance, found in Section 96.004
of the Kings Mountain code of ordinances. A noise study, showing compliance with
the noise ordinance, shall be required.

•

Fuel/Battery Storage:


Any area storing fuel shall be fully enclosed or at least surrounded by a
masonry wall that exceeds the height of any storage unit by a height of ten feet.
Backup batteries shall be fully enclosed.

Any emergency power devices, including associated fuel storage, shall
comply with all North Carolina Fire Code and National Fire Protection
Association (NFPA) standards as enforced by the City.
Plan submittal: Any data center proposed within the jurisdiction of Kings Mountain
shall submit:


•



Site Plan/Construction Documents: A detailed and scaled site plan showing
the location of all structures, parking, setbacks, buffer areas, streams, and will
include parcel lines of adjoining property.



Utility Plan:
 All utility load requirements including, but not limited to, water and
sewer, electricity, and natural gas, and the intended producer of each
utility, whether primary, backup, or otherwise. Note that the city
reserves the right to refuse any data center project if utility
requirements cannot be met.
 Documentation from any outside applicable utility provider, on
official letterhead, stating which utility it will provide for the project,
including the amount and the timeframe in which it will take to ramp
up service.
 A detailed outline of any utility system upgrades arising out of the
development and the timeline for addressing these upgrades. If the
upgrades are from an outside provider, this information should be
included in the documentation requested above.



Stormwater and Erosion Control: Grading, stormwater, and erosion control
plans shall be submitted as part of the construction document package. The
project shall adhere to all federal, state, and local water quality measures,
including any required federal, state, and/or local permitting.



Noise Study: The project developer shall be responsible for submitting a
sound study by a professional engineer, licensed in North Carolina, verifying
that the project will meet the requirements of the City of Kings Mountain’s
noise ordinance.

Annexation Request: Any project that requests any city utilities as part of its project shall
be required to annex the entirety of the project into the municipal limits of the City of Kings
Mountain. The annexation must be requested no later than submittal of Construction
Documents.

DATA CENTERS WITH ONSITE POWER GENERATION
Limited Use Standard: As permitted in the Land Use Matrix, Data Centers with Primary
Onsite Power Generation are permitted with the following standards:
•

Minimum Lot Size: No data center utilizing primary onsite power generation shall be
on any parcel that is less than forty (40) acres.

•

Setbacks: In addition to any district specific setbacks, any structure (including
backup generators, water towers, and other ancillary structures), as defined in the
UDO, must be at least:
 200 feet from any property line adjacent to a residentially zoned parcel.
 100 feet from any property line adjacent to a commercially zoned parcel.
 50 feet from any property line adjacent to an industrially zoned parcel.
 1500 feet from any school, place of worship, child/adult care facility, or
hospital/medical facility.
Landscaping/Screening/Bufferyards: All projects shall adhere to all specific zoning
district standards found in Section 156.60.02.

•
•

Lighting:


All freestanding lighting shall be full cut-off, as shown in Section 156.60.04,
Outdoor Lighting, and shall meet the setback standards found therein.



Structure mounted exterior lighting shall also be full cut-off and shall not
project above the roofline or top of the structure it is on.

•

Noise: Data centers shall be subject to the noise ordinance, found in Section 96.004
of the Kings Mountain code of ordinances. A noise study, showing compliance with
the noise ordinance, shall be required.

•

Fuel/Battery Storage:


Any area storing fuel shall be fully enclosed or at least surrounded by a
masonry wall that exceeds the height of any storage unit by a height of ten feet.
Backup batteries shall be fully enclosed.

Any emergency power devices, including associated fuel storage, shall
comply with all North Carolina Fire Code and National Fire Protection
Association (NFPA) standards as enforced by the City.
Plan submittal: Any data center proposed within the jurisdiction of Kings Mountain
shall submit:


•



Site Plan/Construction Documents: A detailed and scaled site plan showing
the location of all structures, parking, setbacks, buffer areas, streams, and will
include parcel lines of adjoining property.



Utility Plan:
 All utility load requirements including, but not limited to, water and
sewer, electricity, and natural gas, and the intended producer of each
utility, whether primary, backup, or otherwise. Note that the city
reserves the right to refuse any data center project if utility
requirements cannot be met.
 Documentation from any outside applicable utility provider, on
official letterhead, stating which utility it will provide for the project,
including the amount and the timeframe in which it will take to ramp
up service.
 A detailed outline of any utility system upgrades arising out of the
development and the timeline for addressing these upgrades. If the
upgrades are from an outside provider, this information should be
included in the documentation requested above.
 If the data center is requesting to provide primary on-site power
generation the utility plan shall give detail as to the wattage to be
produced, timeframe of buildout, and power generation source (ie
natural gas, solar, etc.) The city encourages the creative use of
renewable energy sources to help address energy needs.



Stormwater and Erosion Control: Grading, stormwater, and erosion control
plans shall be submitted as part of the construction document package. The
project shall adhere to all federal, state, and local water quality measures,
including any required federal, state, and/or local permitting.



Noise Study: The project developer shall be responsible for submitting a
sound study by a professional engineer, licensed in North Carolina, verifying
that the project will meet the requirements of the City of Kings Mountain’s
noise ordinance.



Annexation Request: Any project that requests any city utilities as part of its
project shall be required to annex the entirety of the project into the municipal
limits of the City of Kings Mountain. The annexation must be requested no later
than submittal of Construction Documents.