HomeMy WebLinkAboutC.054.93011_1679been a developer for 20 years should have noticed the county's land use plan, especially where it
stated the property "must be sold in a conditional use." Crew said most people would want to
know the conditions before purchase. He said the residents took pride in their neighborhood, and
in reference to Mr. Gaines' accusations about vandalism, it needed to be known that in fact, the
Old Warren Road residents had called the police about people loitering around the old school
site. Mr. Crew said that in regards to the statements from Mr. Fox, the former principal, that
numerous complaints had been made about parked vehicles blocking the driveway. Crew said he
had a heart condition, and on one occasion, it took 30 minutes to get out of the driveway. He
then shared a prepared statement from the neighbors as follows:
"We have met with the developer and county commissioners and discussed this at length.
The conditions were set and agreed upon in favor as stated in the September 21, 2006 minutes.
As of this date, 18 months later, the developer has not fully complied with the conditions set forth
by the board. It has only been within the last 90 days that he has started to comply. The only
reason there has been any compliance is because code enforcement started issuing or threatening
to issue citations. The county inspections department was told by the developer that the DOT had
blocked the eastside entrance, and this was the primary or largest entrance to the property. The
developer cut another entrance from Old Warren Drive, directly in front of Mary Warren's
driveway to gain access to the front of the property, and this is definitely not in the site plan, or
any of the conditional uses. The wood fence is only partially completed, and it does not blend
well within the residential area. It basically looks more like a military stockade fence. The
biggest problem with the fence, with no gates at this point in time, is that people are exiting from
Old Warren Drive causing unsafe conditions -- on two occasions there were near collisions. The
other violations are the dog training site with web site directions being directly down Old Warren
Drive. This is a violation of the conditions, and it took code enforcement to get this changed;
however, it has not been clearly changed. The sign does not direct traffic to the east entrance.
Old Warren Drive is a dead-end lane and it provides no turn around. The most recent statement
about the need for Old Warren Drive was so ICATS could transport handicapped children to the
gymnasium. This was just another attempt to use Old Warren Drive. We checked with ICATS,
and didn't find any information about transporting anyone to the school. We also checked with
the health department about the inability to build a drive or a parking lot because of the septic
system. Information from the health department indicates that in 08-08-91 and on 11/14/91 the
county authorized money to upgrade the sewer system. The leach fields are in the rear of the
property. The county health department advises that no paperwork is available for the facility to
be used dating from February of 2006. The property is required to have an inspection from the
health department before occupancy."
Crew continued and said the area should be preserved as a residential area with a proper
boundary in relationship with unlike uses. He said this had been accomplished somewhat by
using the fence and the Old Warren Drive as the boundary. He requested on behalf of the other
residents that the request be denied.
Chairman Norman adjourned the hearing.
OTIO by Commissioner Johnson to deny the zoning map amendment and to make a
finding that the denial was consistent with the adopted US 70 East Corridor Plan and that said
denial was reasonable and in the public interest due to its consistency with the US 70 East
Corridor Plan; as a result, said denial furthers the goals and objectives of the US 70 East Corridor
Plan.
Johnson said the conditions that now existed would continue to exist.
VOTING: Ayes — 5; Nays - 0.
Rezoning Request: Case No. 0708-1, Owner/Applicants Michael L. & Kristine S.
Peebles Request an Amendment to the Iredell County Land Use Plan and to Rezone a
Portion of Property from Neighborhood Business to General Business Conditional Use
District: Planning Director Smith summarized the staff report for this case as follows:
PLANNING STAFF REPORT
CASE # 0708-1