HomeMy WebLinkAboutC.054.93011_1423 (2)Directions: Salisbury Highway east from Statesville, turn right onto
Bethesda Road, property is on left just before bridge over Third Creek.
REQUESTED ACTION: Rezone subject parcel from RA, Residential
Agricultural to HB -CUD, Highway Business Conditional Use and amend the
Iredell County Land Use Plan.
• Use limited to only a landscaping operation with associated office,
equipment, materials, and storage.
• Signage will be limited to 36 square foot sign.
• Hours of operation will be limited to lam to 7pm and closed on
Sunday.
• No retail sales to general public.
PROPOSED USE: Landscaping and nursery business with conditions (see
attached).
SIZE: 15.46 acres.
EXISTING LAND USE: Vacant.
SURROUNDING LAND USE: Vacant land borders this site on the north,
south, and west with residential uses to the east.
WATERSHED REGULATIONS: The subject parcel is not located within an
watershed area.
TRAFFIC: A section Bethesda Road just north of Oswalt Amity Road had
an average of 1,800 vehicles per day in 2005.
ZONING HISTORY: The subject parcel, as well as all surrounding property,
has been zoned RA when countywide zoning took effect in 1990.
STAFF COMMENTS: The Iredell County Land Use Plan identifies this area
as suitable for residential uses. The applicant has chosen the HB -CUD
classification, which allows for this particular use, but has chosen to limit the
district to a specific use with conditions. Applicant has also limited hours of
operation, size of any signage, and to screen the property with evergreen
trees. The Iredell County Land Use Plan will need to be amended for this
proposed rezoning. Staff feels that based upon the proposed conditions and
County Attorney opinion that this request would not be considered illegal
spot zoning, we are now recommending in favor of this Land Use Plan
amendment and rezoning request. Staff would also like to advise that the
subject parcel lays completely within Zone A for Third Creek as shown on
the Flood Insurance Rate Map for Iredell County. The lowest floor for all
non-residential construction must be elevated at least two feet above the
nearest elevation or flood proofed in lieu of elevation.
PLANNING BOARD ACTION: On January 3, 2007 the Planning Board
voted 7-3 to recommend denial for both the land use plan amendment and
rezoning request based upon concerns that this would be an illegal spot
zoning. The Planning Board stated that communication discrepancies were
apparent between staff and the applicant, as well as issues regarding the
recent update to the zoning ordinance text. The Planning Board directed staff
to research the matter further and consult with the applicant to resolve the
issue prior to the public hearing being scheduled for review by the Board of
Commissioners.
Warren said the applicant would not have any retail sales to the general public at the
site. He said since the planning board meeting, new conditions had been agreed upon by the
applicant, and the staff recommended approval.
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