HomeMy WebLinkAboutC.054.93011_1611SIZE: 16.36 acres.
EXISTING LAND USE. Corporate office & vacant hatchery.
SURROUNDING LAND USE. Residential uses are adjacent to northeast and west of
site, vacant land to north, south and east.
WATERSHED REGULATIONS: The subject parcel is not located within a watershed
area.
TRAFFIC: This section of Pilch Road had an average of 930 vehicles per day in 2004;
the 1993 Iredell County Thoroughfare Plan does not identify the carrying capacity for
Pilch Road, but the estimated carrying capacity is 8, 000 vehicles per day.
ZONING HISTORY.' The subject parcel was zoned RA when countywide zoning took
effect in 1990. The entire surrounding area is zoned for residential uses with the nearest
commercial zoning approximately 4,000 feet west along 1-77. The site was formerly used
as a chicken hatchery operation within the existing 29,000 square foot building. An
associated truck wash facility, parking areas and two residences also exist. The current
use consists of one converted residence of 4,787 square feet for office use by
approximately 20 employees of Case Farms. This request proposes an expansion to the
existing converted residence that will allow an additional 8,000 square foot for office
uses. The remainder of the facilities cannot be occupied by commercial or industrial
uses and are unable to be re-opened without a change in the current zoning classification
of Residential-Agricultural. The only permissible uses are those outlined in Section 8.3
of the Iredell Zoning Ordinance, primarily residential single family uses and accessory
buildings.
STAFF COMMENTS. The Iredell County Zoning Ordinance allows non-conforming
uses to expand based upon the applicant meeting several criteria outlined below:
a. The enlargement will not cause substantial harm to the adjoining property
owners.
b. The enlargement will not result in traffic increases beyond the capacity of the
roads serving said use.
c. The enlargement will not result in emission of smoke, fumes, noise, odor, or
dust which will be detrimental to the character of the district or to the health,
safety, or general welfare of the community.
d. The enlargement will maintain all minimum setbacks and buffer
requirements of the use district in which said use would be permitted.
Evaluation of Criteria: The Zoning Ordinance provides the above-referenced criteria
that must be met for an applicant to expand a non-conforming use. Items A, B, and C
should be considered in light of the property's location. Item D is evaluated based upon
the submitted site plan showing the existing facilities and proposed expansion. Staff is
recommending for the request and feels that based upon the submitted site plan and
history of the operation that an expansion would not negatively impact adjoining
residential properties and meets all criteria for an expansion of a non-conforming use.
The expansion of non-conforming use is preferred to a rezoning request since specific
issues can be addressed relating to size of proposed facility, intended use, possible
impacts on surrounding neighborhood, avoidance of spot zoning issue, and any future
expansions would have to be evaluated by the Board.
PLANNING BOARD ACTION On June 6, 2007, the Planning Board voted 8-1 to
recommend in favor of this expansion request.
No one else desired to speak.
OTIO by Commissioner Johnson to approve the request for the Expansion of a Non-
Conforming Use for Case Farms, LLC.
VOTING: Ayes — 5; Nays — 0.
Case No. 0706-1: Owner/Applicant Susan M. Brooks Requests a Rezoning from
Residential Agricultural to General Business: Planning Director Smith reviewed the staff
report for this case as follows: