HomeMy WebLinkAboutC.054.93011_1424 (2)Attorney Pope said the courts considered several factors when determining if a
particular zoning constituted a spot. He said some of the factors were size of the tract and
the degree of change. Pope said an example might be placing a rendering plant next to a
residential neighborhood. He said in this example, a larger tract would be needed to
eliminate the perception of a spot Mr. Pope said the landscaping business appeared to him
to he a different type of agricultural use -- not a dramatic change. Pope said this was a
strong factor, and there were others, as to why he felt the courts would not deem this
rezoning to be a spot.
Commissioner Johnson asked Mr. Warren if Attorney Pope's opinion had been
available at the planning board meeting, along with the limitation on retail sales, if a
different recommendation might have been given.
Warren said a different decision probably would have been made.
Peter Casatelli, a partner in the landscaping company, offered to answer any
questions.
Commissioner Robertson asked if the business would actually be planting trees in
the ground at the site.
Casatelli said maples and birch trees would be planted in the ground but small
shrubs would start out in miniature pots. He said later the shrubs might be planted in the
ground for more growth before replanting them at the job site.
Robertson said the traffic near the site wouldn't increase that much with the
limitation on retail sales.
Casatelli said there wouldn't be any traffic with the exception of the company's two
trucks. He said Third Creek flowed along the property, and water would be pumped to
irrigate the trees and plants. Mr. Casatelli said that when a zoning book was initially
purchased, landscaping operations were included in the residential district. He said this had
resulted into a miscommunication with the planninglzoning office.
No one else desired to speak, and Chairman Norman adjourned the public hearing.
OTIO by Commissioner Robertson to amend the Iredell County Land Use Plan.
VOTING: Ayes — 5; Nays — 0.
OTION by Commissioner Robertson to approve the proposed zoning map
amendment and to make a finding that approval was consistent with the adopted Iredell
County Land Use Plan and that said approval was 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.
Commissioner Johnson mentioned the miscommunication that occurred about this
request, and he encouraged the county planning staff to review the ordinance as it related to
landscaping businesses.
Chairman Norman declared the meeting to be in a public hearing.
CASE NO. 0701-6: Elbert C. & Chanes Griffin Request to Rezone Property
from RA, Residential Agricultural to GB, General Business: Acting Planning Director
Steve Warren reviewed the planning staff report as follows.
CASE NO. 0701-6
OWNER: Elbert C & Charles Griffin AGENT: Gerald V Grant
6022 Unionville -Brief Rd PO Box 268
LE