HomeMy WebLinkAboutC.054.93011_1456Request from the Estate of Mabel P. Mills for the Release of Zoning/Subdivision
Jurisdiction of 2.9 Acres to the Town of Mooresville: Acting Planning Director Steve Warren
reviewed the staff report for this request as follows:
OWNER: Trustee of the Mabel P Mills Estate
PO Box 99
Linden, MI 48451
LOCATION: 437 & 441 Sundown Road and 106, 108, and 111 J & M Lane, in Mooresville, NC,
more specifically PIN#s 4646-17-4531 & 4646-17-6740. Directions: Williamson Road to Sundown
Road, at J & M Lane.
REQUESTED ACTION AND CONDITIONS: Release Zoning and Subdivision Jurisdiction to the
Town of Mooresville.
PROPOSED USE: The proposed use for the properties is residential development.
SIZE: The proposed area to be rezoned is 2.09 acres.
EXISTING ZONING: The property is currently zoned R-20 (Single -Family Residential).
EXISTING LAND USE: Residential.
SURROUNDING LAND USE: Residential.
WATERSHED REGULATIONS: This property is located in the WSIV-CA Watershed.
TRAFFIC: The traffic count for Sundown Road is 1,600 average daily trips.
ZONING HISTORY: This property has been zoned R-20 since countywide zoning in 1990.
STAFF COMMENTS: This request meets the criteria for a release of zoning and subdivision
jurisdiction. The proposed use of the property for residential development is consistent with the
current zoning and the future land use proposed in the Iredell County Land Use Plan. The property is
to be split into four lots to satisfy the settlement of the Mabel P. Mills estate. Under the County's
zoning ordinance, they would need 2.30 acres to meet the minimum lot size for four lots. They have
2.22 acres, which is only short by .08 acres. Splitting the two lots into four will still be in compliance
with the watershed requirements of 2 dwellings per acre. Also, there are five existing non-
conforming homes on the property. Therefore, creating four lots from the two existing lots should not
create any additional traffic on Sundown Road. The property owners are not planning to annex into
the Town of Mooresville.
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Chairman Norman asked Attorney Pope about setting a precedent if the board approved
the request.
Pope said he didn't think so — it was the board's prerogative to approve or deny.
Commissioner Johnson said there were concerns about setting a precedent, and while this
particular request was for a small parcel, someone in the future might have 100 acres. Johnson
asked, assuming the board approved the request, if the motion could also instruct the staff to look
favorable to recommendations of ETJ requests provided the lot size was not less than the
county's current lot size of 20,000 sq. ft. Johnson said he didn't want to set a precedent, but he
was inclined to approve the request because it would help the family settle an estate; plus it
would not significantly impact the board's ability to control growth. He said it could be the
board's policy that future requests would be granted as long as they did not reduce lot sizes less
than 20,000 sq. ft. in the R-20 classification.
Warren said this could be done.
Commissioner Robertson said this case involved 2.9 acres, and if left in the county, it
would have to be split into three lots and the family wanted four. He said the acreage missed the
minimum lot size by 0.02 acres per lot, and he would be more favorable in seeking a way to let
the property remain in the county versus granting it to another municipality.
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