HomeMy WebLinkAboutC.054.93010_0499 (2)Case No. 0107-3: Request for an Amendment to the Iredell County Land
Use Plan and a Request from Lancaster Custom Dock & Lift Systems, Inc., for Property
owned by John Kindley to be Rezoned from Resort Residential to General Business
Conditional Use District (The property is located at 1156 Perth Road (Skippers
Convenience Store) in Troutman, NC.): Smith said the applicant for this rezoning desired to
construct a dock -building facility on the 1.62 acres of land that could be identified by PIN#
4730-72-5706. Mr. Smith said the proposed conditions for the request were:
a. Request shall be limited to a dock -building facility only with continued usage of the
boat slips by the proposed operation.
b. The development shall adhere to the Site Specific Plan.
c. All loading and equipment/storage yards shall be located only on the western part of
the tract, as per the site plan.
d. All outside storage shall be screened to 90% opaqueness to a height of eight feet (this
should be done with either a solid fence, vegetation, earth bene, or a combination).
e. The outside storage must be screened in a way that would not allow different
elevations to see inside the fence, i.e, if someone were located on a higher elevation
overlooking the site, the storage would have to be hidden so that it would not have a
detrimental effect on the neighbor.
f. If metal is designated as the primary building material, the frontage and lake side
should have architectural treatments such as a facade. All new buildings on the
property shall be in general conformity with the primary building, i.e, materials,
architectural treatments, etc.
g. All fabrication shall take place inside a building or within the screened "yard."
h. Only assembly of pre -fabricated sections may take place on the water. This type of
assembly shall be limited to sections that must be immediately put into the water for
assembly and/or transport.
i. A letter of approval/recommendation from the Lake Norman Marine Commission and
Duke Power shall be required.
j. Lighting should be oriented away from the adjacent residential property owners,
including those across the cove. The primary cone of illumination shall not create a
glare off of the lake and shall not affect adjacent property owners or owners across
the lake either directly or indirectly.
itted in the O
k. New signage shall be limited to that perm
ffice and Institutional District
(60 square feet total with a 24 -foot total for freestanding signs).
1. Hours of operation (8-5 weekdays).
in. All forklifts or heavy equipment would have to be 'muffled" and the noise limited.
n. No overnight stays shall be permitted on any boats docked in any approved slips.
o. One slip shall be designated for usage by the Iredell County Sheriffs Department.
P. The slips/docks shall be gated and locked when not in use.
q. The slips/docks shall be cleared of people thirty minutes after sunset.
Mr. Smith said that due to the site's prior usage as a convenience store with boat slips,
gas tanks and a grill, in a residential neighborhood, the property's use had been somewhat
contentious in the past. He said the property had been in commercial use since the 1960s. Smith
said there had been attempts to rezone the property to General Business in the past; however,
they had failed due to citizen opposition. Mr. Smith said the request did not conform to the land
use plan, but the proposed use of the property was lake -oriented and this would lessen some of
the impact of the current use. Smith said the staff had reviewed the request in reference to spot
zoning. He said the four factors that were generally considered for spot zoning were: (1) size of
the tract (2) compatibility with an existing comprehensive plan (3) impact on the land owner and
neighbors and (4) relationship between newly allowed uses and previously allowed uses. Smith
ver, he said the overall
said the staff only had questions about the first two factors. Howe
commercial nature of the quadrant (including the dry storage on the surrounding land use) and
the type of lake use that was being proposed, might satisfy the spot zoning issue.
On July 11, 2001, Smith said the planning board, in a 6-3 vote, approved the rezoning
request and the amendment to the land development plan.
Commissioner Johnson asked if the Federal Energy Regulatory Commission (FERC) had
given permission for the boat slips.