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HomeMy WebLinkAboutC.054.93011_0417No one else spoke, and Chairman Johnson adjourned the public hearing. OTIO by Commissioner Madison to approve the request of Case No. 0409-1/ Woodland and Waterview LLC and to rezone the property from Residential Agricultural to Residential Office District. VOTING: Ayes - 5; Nays — 0. Chairman Johnson declared the meeting to be in a public hearing. Rezoning Request; Mary Lea Hope Property, Case No. 0409-2 (PIN 4821-374536); Myers Stained Glass, LLC (Applicant), Requests an Amendment to the Iredell County Land Use Plan and for Property to be Rezoned from Residential Agricultural to General Business District (Location: Northwestern corner of Brookhaven Road & Wilkesboro Hwy., Statesville, NC): Planning Supervisor Smith presented the following staff report regarding this request. REOUESTED ACTION: Amend the Land Use Plan and rezone a portion of property from RA, Residential Agricultural Zoning District to GB, General Business Zoning District PROPOSED USE: Stained glass studio SIZE: The parcel is 29.9 acres and the area to be rezoned is 4.5 acres. EXISTING LAND USE: Residential SURROUNDING LAND USE: Residential and farmland WATERSHED REGULATIONS: The property is not located in a watershed district. TRAFFIC: Brookhaven Road: According to the 1993 Iredell County Thoroughfare Plan, the capacity for this stretch of roadway is 8,000 vehicles per day. In 2002, the estimated daily traffic count was 370 vehicles per day. Wilkesboro Highway: According to the 1993 Iredell County Thoroughfare Plan, the capacity for this stretch of roadway is 8,000 vehicles per day. In 2002, the estimated daily traffic count was 2,700 vehicles per day. ZONING HISTORY: This property and the surrounding area has been zoned RA since Countywide zoning in 1990. STAFF COMMENTS: The property is surrounded by a rural residential area. This parcel and the adjacent area are not located near a commercial zoning district or a commercial node according to the Land Use Plan. The closest commercial area is approximately three miles south of the property at the intersection of Hwy 115 and Damascus Church Road. The town of Love Valley is approximately 2.5 miles away. The homes across Highway 115 are in close proximity to the property and the probable location of the commercial establishment. The staff feels that this would constitute an illegal spot zoning. Based on the noncompliance with the Land Use Plan and the large distance to other commercial areas, the staff recommends against the rezoning request. PLANNING BOARD ACTION: On September 1, 2004, the Planning Board recommended against the proposed rezoning request by a vote of 6-3. Commissioner Williams asked if there was any local opposition to the request. Mr. Smith said he was unaware of any opposition. Diane Myers said she and her brother started the stained glass business eight years ago in a "one -room shack" behind her house. Ms. Myers said the business had grown every year and a new site was needed. She said the proposed site would be about one -mile from her home, and there was another business (Progressive Power) about one mile away. Myers said her business employed 13 people, and many of them would find it difficult to work somewhere else due to transportation problems. Ms. Myers said she wasn't asking anything of the county, other than an opportunity to continue to operate her business.