Agenda Package - 03-17-08 - Laserfiche WebLink

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STAFF REPORT PRESENTED AT THE PUBLIC HEARING 023 WITH A RECOMMENDATION OF THE PLANNING BOARD FOR A CHANGE TO THE OFFICIAL ZONING MAP OF LEE COUNTY PETITION 2008-0201 Application by Timothy & Suzette Sloan to rezone 20.38-acres of land located off Avent's Ferry Road, NC Hwv 42E from Residential Agricultural (RA) district to "Sloan Mountain Vineyards & Winery Conditional Zoning District". The property is depicted on Tax Map 9673, a portion of Tax Parcel 9673- 73-4288, Lee County Land Records. A public hearing was held with the Planning Board on February 18, 2008 to consider this request. At the public hearing Mr. & Mrs. Sloan showed a power point presentation and spoke in support of the request. Mr. Bob Hems, Lee County EDC Director, Mrs. Susan Condlin, Lee County Extension Director, and Mr. Cecil Cameron, former planning board member and neighbor to Mr. Sloan, also spoke in favor of the rezoning. No one spoke in opposition to the request. RECOMMENDATION OF THE PLANNING BOARD: The Planning Board by a unanimous vote recommends that the Board of Commissioners approve the application to rezone 20.38-acres, a portion of Tax Parcel 9673-734288 from Residential Agricultural (RA) district to 'Sloan Mountain Vineyards and Winery Conditional Zoning District". Land use information presented at the public hearing is listed belaw for your reference Site and Area Description The site requested for rezoning consists of a 20.38-acre tract which is a portion of a 44.75-acre tract of land. The site has 270.28 feet of road front on Avent's Ferry, NC Hwv 42 E. The property is a bona-fide farm (Farm No.3499) with grapevines/vineyards being the main crop. The tract appears to be light to medium wooded. There is currently a single family dwelling located at the southern end of the property that will be removed as noted on the site plan. The project site is located in the northeastern portion of Lee County in the Cape Fear Township. The site is more specifically in an area where farming is prevalent. The surrounding properties are residential and agricultural in nature. All adjacent properties are zoned RA district. The tract is bordered by large mrdeveloped/farm tracts with the majority of those tracts owned by the applicants. The Residential Agricultural (RA) district is established to provide areas for low density single-family uses, low intensity agricultural operations as well as agri-business and supportive industrial and commercial uses. Bona-fide farms including animal production, crop production and support services are permitted uses by right in the RA district. Other similar uses permitted by right in the RA district include, pottery manufacturing and sales, botanical gardens and arboreta, livestock sales/markets. The RA district requires a minimum lot size of 40,000SF, with principal building setbacks of 30 feet from any street right-of-way, 30 feet from a rear property line and 15 feet from all side property lines. Staff Analysis and Information As a Type 1 Conditional Zoning request, the proposed development is not subject to any of the County's current zoning ordinance standards unless specifically included in the application. The application, as presented, is governed by the conditions as described and as stated in this staff report. If approved, only the uses as listed in the application would be allowed and the site would be required to be developed in accordance with the design illustrated on the site plan. A Type 1 Conditional Zoning District is defined in the Unified Development Ordinance as follows: "The Conditional Zoning District Type 1 is a conditional zoning district created as a stand-alone district with its own unique conditions. Under a Conditional Zoning District Type 1, an owner would have the freedom to develop his/her own unique list of permitted uses and design standards. It is also understood 2 of 4