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9. CONSENT AGENDA 1. BCPS - Presentation of Financial Data for the Period Ending Dec. 31, 2019 2. COM - Easement Agreement for Morganton Greenway 3.
BCECC - Communications 911 Phone Hardware Refresh Lease Agreement 4. FM - Hazard Mitigation Plan - Resolution 5. Finance - County Financial Report for the Period Ending December 31, 2019 6. JCPC- Funding Allocation Revision for Raise the Age Expansion Funds 7. JCPC- Funding Policy Revision 8. Tax Dept. - Tax Collection Report for January 2020 9. Tax Dept. - Release Refund Report for January 2020 10. Tax Dept. - Order to Advertise 2019 Delinquent Real Property Taxes 11. WPCC Presentation of Financial Data for the Period Ending Dec. 31, 2019
Staff has received a rezoning application from Landdaly, LLC to rezone a 1.55- acre portion of one (1) parcel of land totaling 30.47 acres. The
request is to rezone the portion of property from its current zoning of Low-Density Conservation (CD-L) to the Residential One (R-1) zoning district. The parcel is also within the Lake Overlay District.
SITE ANALYSIS The parcel is described as follows: The 911 address of the parcel is 5752 Benfield s Landing Rd. Nebo, NC. The parcel is further
identified in county records as (PIN 1753048515 and REID 16986). The existing land uses on the property consist of a commercial Recreational Vehicle Park and Commercial Marina. The property has approximately 5,478 linear feet of shoreline on Lake James. The applicant requests to rezone a 1.55-acre portion on the southern end of the 30.47-acre property. The portion of property to be rezoned is vacant. The property is located within a WS-IV-C Water Supply Watershed and is within the West End Fire District. The parcel is located within the Linville Township of Burke County along Benfield s Landing Rd. (SR 1234) within the Lake Overlay District.
The Existing Land Use Map above shows this property as a Commercial use. A RV Park open to the public is a commercial use. Commercial campgrounds and
RV parks are allowed within the Low-Density Conservation District. The Existing Land Use Map also shows the single-family residential uses in yellow and the West End Fire Dept. in blue (Office Institutional) zoning. The white parcels indicate vacant land.
CONFORMITY WITH THE COMPREHENSIVE PLAN The current land use plan for Burke County is the 2016-2030 Blueprint Burke Strategic Land Use Plan. The
parcel is located on the fringe of a Lake James Special Planning Area . The Plan depicts this area as having natural and environmental resources which make this planning area a center for outdoor recreation. The Plan also mentions the existing major subdivision located within this area. The Plan recommends a balanced approach to growth. The area s natural resources should be a main focus when considering new large-scale development.
CONFORMITY WITH THE BURKE COUNTY ZONING ORDINANCE The current zoning district for this parcel is Low-Density Conservation. The Low-Density
Conservation District (C-DL) is primarily designed to prevent large numbers of housing units from impacting rural landscapes or environmentally sensitive areas. Developers shall locate structures on appropriate portions of the landscape utilizing a maximum density calculation of one unit per 3.5 acres of total project area.
Land use studies performed back in the early and mid-2000 s recognized the potential for development in the area and recommended rezoning much of the
lands surrounding Lake James to a conservation type zoning in order to protect not only the natural scenic beauty of the area, but to also protect the water quality of the lake as well. Land use regulations requiring larger lot sizes, building envelopes, and maximum built-upon area per lot were adopted by the county. The Current Zoning Map below shows that much of the land area surrounding Lake James is either Low-Density Conservation District or Estate Lot Conservation District zoning. The other predominant zoning district is the Residential One (R-1) District. Although this district does not have the same large lot size requirements, it is the most restrictive residential district from a Permittable and Permissible use standpoint.
STAFF COMMENTS: The 2016-2030 Strategic Land Use Plan also recognizes this area as being environmentally and naturally sensitive. Although the
proposed rezoning is for a small portion (1.55 acre) of one parcel to be rezoned to something other than conservation district, the request would change the zoning to the most restrictive residential district. Although the R-1 district is primarily established for residential uses, this district does allow certain commercial uses as well. Even if the rezoning were to be approved, development of this area would present various challenges. Any structure would have to meet all required zoning standards. There is a sixty-five (65) foot lake setback, a thirty (30) foot front/road setback, and ten (10) foot setbacks from each side property line. Additionally, the land has some fairly steep topography. The zoning ordinance states that no building envelope may be created which is greater than twenty- five percent (25 ) slope. Only a surveyor can truly determine the actual slope. That determination would have to be made before any development permit(s) could be obtained. Maps which depict the setbacks and topography are provided for review.