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HomeMy WebLinkAboutC.054.93011_1453TRAFFIC: In 2004, Perth Road had an average of 8,200 vehicles per day. According to the Iredell County Thoroughfare Plan, Perth Road has a carrying capacity of 12,000 vehicles per day. ZONING HISTORY: The subject parcel has been zoned RA since countywide zoning took effect in 1990. In 2003, the property was permitted for a garden center/landscape supply business. This was a permitted use in the RA district at that time, as it fell under the "Farm -Type Enterprise" category of uses allowed within RA. In 2006 the zoning ordinance was amended to separate garden center/landscape supply businesses from the "Farm -Type Enterprise" category; as a matter of illustration, commercial landscape -supply was considered a more intense operation requiring commercial zoning as opposed to the typical roadside vegetable -stand operated by the rural homeowner. As a result of this amendment, the existing, permitted business became a legal non -conforming use. STAFF COMMENTS: Background: Perth Landscaping Supply was permitted in 2003 at the subject location. A site plan was submitted, updated, and then approved. The approved site -plan required driveway access from Perth Road only, with no access from Knotty Pine Lane. In early 2006 staff began receiving complaints from neighboring residents about truck usage of a driveway that was constructed onto Knotty Pine. Upon investigation, additional zoning violations were discovered relating to setback, signage, and watershed regulations. Staff contacted the applicant in March 2006 with a Notice -of -Violation directing the applicant to come into compliance. The owner initially applied for rezoning to Highway Business, Conditional Use that was presented to the Planning Board on June 7, 2006. The Board voted unanimously to recommend denial of the rezoning. The case was withdrawn from consideration prior to the public hearing held by the county commissioners at their July 18, 2006 meeting. Permit Status: The applicant is permitted to operate as shown on the approved site plan. However, an addition onto the rear of the permitted building was constructed without a building permit and in violation of the 80 -foot setback. An 80 foot setback from property zoned residential is required for all Farm -type enterprise structures. All other violations have been corrected since the Board last reviewed the request. Request for Rezoning: Expansion of a Non -Conforming Use isn't a possible option for the applicant because the violations in question involve open uses of land (the Zoning Ordinance allows for Expansion of non -conforming structures only through Planning Board and Board of Commissioner approval). Section 4.3 deals with this issue by stipulating that non -conforming open uses of land may not be expanded. In this case the applicant's business has grown, and the business would therefore need the flexibility of a commercial zoning classification on the property - Staff Analysis roperty.StaffAnalvsis & Recommendation: The applicant has requested rezoning to HB - Conditional Use District that restricts all HB uses except for garden centers/retail nursery/landscape supply businesses. While such conditions set forth a specific and known use of this property, the Land Use Plan does not identify any commercial areas nearby. Establishing a new zoning classification would likely be construed as an improper spot -zone in this context of surrounding residential zoning. It should be noted that, without rezoning, the applicant can come into compliance by scaling back the business to what the approved site -plan shows. The increase in the scope and intensity of the business, as well as the change in zoning classification, is not compatible for this area. Due to these factors, staff recommends against this request.