HomeMy WebLinkAboutC.054.93011_1269 (2)TRAFFIC: In 2004 there was an average of 11,000 vehicles per day on this
stretch of Charlotte Highway, with a carrying capacity of 10,500 according to the
Iredell County Thoroughfare Plan.
ZONING HISTORY: This property was rezoned from RA to R-20 in May 1991.
This case involved 160 acres and 15 different property owners. Thirteen (13) of
the property owners signed the petition.
STAFF COMMENTS: Ark of Refuge began operation at the former- Hill Haven
Nursing Home as a temporary shelter for persons displaced by Hurricane Katrina.
Because the Zoning Ordinance did not address this type of land -use, the Board of
Commissioners approved a temporary zoning permit for this facility that runs
through November 2006. During this time, an ordinance amendment was
prepared and adopted for such temporary residential facilities ("Homeless
Shelter"). This land -use is now allowed within certain commercial zoning
districts but only with a Special -Use Permit from the Board of Adjustment. The
applicants are thus seeking rezoning to comply with the ordinance requirements;
if rezoning is approved, the applicant will then apply for a Special Use Permit
from the Board of Adjustment. The property is located within the Commercial
node of the land -use plan; surrounding zoning classifications are Neighborhood
Business to the east (properties along Highway 21 corridor) and R-20 to the west.
Since the subject property lies adjacent to NB property and the owners desire to
preserve the future option of using the buildings as an assisted -living facility
which would not be allowed in NB, the applicants have sought HB -CUD that
excludes all other non -NB uses from this property. Therefore the practical effect
of this rezoning will be to "create" an NB classification for this property that will
allow for the future possibility of an assisted-living/group-care facility. The key
is that, although called "HB -CUD", all the high-intensity HB uses will be
excluded from the use of this property. Because this request is consistent with
the Land -Use PIan and the surrounding zoning pattern of the commercial corridor,
staff recommends in favor.
PLANNING BOARD ACTION: On July 5, 2006 the Planning Board voted
unanimously (10-0) to recommend approval of this request.
Warren said the business would need to obtain a special use permit that would describe the
specific use for the shelter. He said he was unaware of any complaints about the facility or
request.
No one else desired to speak, and Chairman Tice adjourned the hearing.
OTIO by Commissioner Norman to approve the zoning map amendment and to make
a finding that approval is consistent with the adopted Iredell County Land Use Plan and that said
approval is reasonable and in the public interest due to its consistency with the Iredell County
Land Use Plan; as a result, said approval furthers the goals and objectives of the Iredell County
Land Use Plan.
VOTING: Ayes — 5; Nays — 0.
OTIO by Commissioner Norman to approve the Conditional Use Findings of Fact.
VOTING: Ayes — 5; Nays — 0.
Chairman Tice declared the meeting to be in a public hearing and invited all persons
desiring to speak in regards to Case No. 0607-4 to proceed to the dais for the oaths.
Case No. 06074: James & Cynthia Brannen Request to Rezone Property from
Residential Agricultural to Residential Office Conditional Use District: Planning Supervisor
Warren presented the staff report for this case as follows: