HomeMy WebLinkAboutC.054.93011_1650Commissioner Tice said the reason she couldn't vote for the motion was due to the
agreement among the neighbors to protect their property with a non -owner petition back in 1998
and to rezone the property to R-20. She said, "The county commissioners voted to approve the
1998 action. I can't in good conscience tell these folks now that that was all in vain."
Commissioner Johnson said he had also been consistent. He said that in 1998 he voted
against the R-20, and the reason was because he felt it infringed upon other people's personal
property rights. Johnson said, "I'm in favor of individual property rights."
Tice said, "I'm also in favor of individual property rights, and I feel that's why the
neighbors came together in 1998 to protect their property."
Case No. 0707-1: Applicant A.J. Modi for Owner Sumat LLC Requests to Rezone a
Portion of Property from Residential Agricultural to Neighborhood Business: Planning
Director Ron Smith explained the following staff report for this case:
CASE NO. 0707--1
OWNER: Sumat LLC APPLICANT: Alex Modi
2159 Old Mountain Road 2159 Old Mountain Rd
Statesville; NC 28625 Statesville, NC 28625
LOCATION: 2159 Old Mountain, more specifically a portion of PIN# 4704-55-3986.
Directions: I-40 east north on Old Mountain Road site on left at corner of Island Ford Road.
REOUESTED ACTION: Rezone the rear portion of the property from RA, Residential
Agricultural Zoning District to NB, Neighborhood Business Zoning District.
PROPOSED USE: Convenience store and gas station
SIZE: The portion of the property for rezoning is 1975 sq. ft.
EXISTING LAND USE: Convenience store and gas station
SURROUNDING LAND USE: Commercial and residential
WATERSHED REGULATIONS: This property is in the WSIV-CA watershed.
TRAFFIC: According to the 1993 Iredell County Thoroughfare Plan, the capacity for this
stretch of Old Mountain Road is 12,000 vehicles per day and 8,000 for Island Ford Road. In
2005, the estimated daily traffic count for Old Mountain Road was 4,700 vehicles per day and
1,500 vehicles per day for Island Ford Road.
ZONING HISTORY: This property has been zoned NB/RA since countywide zoning went
into effect in 1990. The property that adjoins this lot to the south was rezoned to HB -CUD in
September 2006 with the following conditions: 1) No outside storage except for the dumpster
and 2) Extend the Leyland cypress tree buffer on the south side to the front of the proposed
building. The property to the west has been RA since countywide zoning went into effect in
1990.
STAFF COMMENTS: The area around this intersection has been developing commercially
over the past couple years. On the north side of Island Ford Road there is a new Food Lion
shopping center. To the south of this property a Dollar General is under construction. The
Iredell County Land Use Plan identifies this area as suitable for commercial use. The
applicant has chosen to expand an already existing NB District. Across Island Ford Road and
Old Mountain Road lies GB zoning. This strip of land the applicant is requesting the rezoning
for is approximately 25' wide. With the 30' zoning setback requirement between commercial
and residential uses this piece will essentially become part of the required rear buffer. Based
on the location and the Iredell County Land Use Plan planning staff recommends in favor of
this request.
PLANNING BOARD ACTION: On July 11, 2007, the Planning Board voted 9-0 to
recommend approval of this request and to advise that it is consistent with the County Land
Use Plan.
No one else desired to speak.
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