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HomeMy WebLinkAboutC.054.93011_0739Rezoning Request; Peggy Abernathy & Chris C. Cartner Property, Case No. 0505-1 from R-20, Single Family Residential Zoning District to General Business Zoning Location: Planning Supervisor Steve Warren explained the following staff report for a rezoning request from Christopher Cartner and Peggy Abernathy: OWNERS: Christopher Cartner Peggy J. Abernathy 229 Tomlin Mill Road 415 Old Mocksville Road Olin, NC 28660 Statesville, NC 28625 LOCATION: 415 & 429 Old Mocksville Road, more specifically identified as PIN#s 4756-71-1727, 4756-71-0996, and a portion of 4756-72-0242. Directions: Highway 64 east, left on Old Mocksville Road, on the left. REQUESTED ACTION AND CONDITIONS: Rezone the properties from R- 20, Single -Family Residential Zoning District to GB, General Business Zoning District. PROPOSED USE: Continue existing landscaping business and adding automobile sales at 429 Old Mocksville Road. No proposed uses for 415 Old Mocksville Road. SIZE: The total acreage is 7.55 acres. EXISTING LAND USE: Non -Conforming Commercial SURROUNDING LAND USE: Residential, commercial, and vacant WATERSHED REGULATIONS: The property is not located in a watershed. TRAFFIC: The capacity for this stretch of Old Mocksville Road is 9,000 vehicles per day. In 2003, the estimated daily traffic count was 3,800 vehicles per day. Rezoning the property would likely increase the traffic along this stretch of Old Mocksville Road. However, the possible impacts would not bring the road close to the maximum carrying capacity. ZONING HISTORY: This property has been zoned R-20 since County -wide zoning went into effect in 1990. On March 21, 2002, the Board of Adjustment approved a change of non -conforming use to allow Mr. Cartner to operate his landscaping business at this location. Later, Mr. Cartner decided he also wanted to sell automobiles on this lot and requested a rezoning. At that time, staff became aware of two buildings on the lot that were built without permits and in violation of the County's setback and expansion of non -conforming use requirements. Staff recommended that Mr. Cartner bring the buildings into compliance before submitting a rezoning request. Mr. Cartner did not want to move the buildings and applied for a variance so they could remain in place. On May 20, 2004, the Board of Adjustment denied a variance on the setbacks for the two buildings. The inclusion of the Abemathy property in the request and the purchase of property to the north have brought the buildings into compliance as far as setbacks. Rezoning the property will eliminate the violation of the expansion of non -conforming use requirements as well. STAFF COMMENTS: There seems to be a trend towards commercial uses in the area. Rezoning the property will also eliminate a non -conforming use. The County Land Use Plan recommends for transitional uses in this area, which includes commercial and lower intensity light industrial uses. Therefore, staff recommends in favor of this request. PLANNING BOARD RECOMMENDATION: On May 4, 2005, the Planning Board unanimously recommended in favor of this rezoning request, by a vote of 9-0. sssss Chris Cartner announced that he was present should anyone have any questions.