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HomeMy WebLinkAboutC.054.93009_1766 (2)MOTION by Commissioner Fortner to approve the rezoning request from R-20 Single Family Residential District to HB(CUD), Highway Business Conditional Use District (seven stipulations previously stated). VOTING: Ayes - 5; Nays - 0. EARLY VESTING OF DEVELOPMENT RIGHTS; SCOTT R. NEEDHAM PROPERTY, MALLARD PINES, PHASE 3, LOT 17: Allison said that Mr. Needham had applied for early vesting of development rights to construct one, two-family dwelling (duplex) on Double Eagle Drive in correlation with thecurrent zoning regulations. Mr. Needham has submitted a site specific development plan pursuant to Section 105 of the Iredell County Zoning Ordinance for the right to undertake and complete the proposed development as set forth under the terms and conditions of the section. Allison further said Needham had submitted a plan for the construction of one, two-family dwelling on lot #17 of the Mallard Pines Subdivision. The parcel would meet the County's current minimum lot size requirement for two-family dwellings in the RA (Residential Agricultural District), which is 30,000 sq. ft. On January 7,1998, the Planning Board recommended approval in a 8-1 vote. Elise McLurkin advised she was at the meeting on behalf of Attomey Walter Jones. Jones, who was ill on this evening, represents Needham. Ms. McLurkin advised that the applicant and his attorney requested the public hearing be tabled until the March 3 meeting. No one else spoke in favor/opposition about the request. MOTION by Commissioner Johnson to continue the public hearing until March 3, 1998, at 7:00 p.m. VOTING: Ayes - 5; Nays - 0. Chairman Haire declared the meeting to be in public hearing session. EARLY VESTING OF DEVELOPMENT RIGHTS; TAFBO PROPERTY, TURBYFILL PINES SUBDIVISION: Allison said Mr. Scott Needham, a representative of TAFBO Partnership, had applied for early vesting of development rights to develop a subdivision on Turbyfill Road in correlation with the current zoning regulations. Mr. Needham has submitted a site specific development plan pursuant to section 105 of the Iredell County Zoning Ordinance for the right to undertake and complete the proposed development as set forth under the terms and conditions of this section. A plan has been submitted for the subdivision of a 4.474 acre tract into 10 lots with one, two --family dwelling (duplex) to be constructed on each lot. The new parcels will meet the County's current minimum lot size requirements for two-family dwellings in the R -8A district which is 8,000 sq. ft. On January 7,1998, the Planning Board denied (8-1 vote) the request. Elise McLurkin, said she was present at the meeting on behalf of Attorney Walter Jones. Jones the representative for Mr. Needham was sick and could not attend the meeting. McLurkin advised that Mr. Needham and Jones desired for the hearing to be tabled until the March 3 meeting. Steve Lumokin,127 Fairway Drive, Mooresville, N.C., said he and his neighbors had several concerns about the project. Items specifically mentioned were: • No improvements have been made for over 4 years - - until mid-December 1997. • The original development plans submitted 41/2 years ago have changed. • Letter of rezoning/project changes were not sent to adjacent land owners. • The County planning/zoning department is against the development plan. • The development is located in the critical area of the Lake Norman watershed. • Property can not sustain a septic and water system required for the size of development proposed -- only four acres of density are usable. • There is a Duke Power right of way on the property.