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Board recommends rezoning at 1519 Waxhaw–Indian Trail Road to neighborhood business amid runoff complaints
Summary
The Planning and Zoning Board recommended approval of a conventional rezoning to Neighborhood Business District for a 1.5‑acre parcel on Waxhaw–Indian Trail Road. Neighbors described prior bulldozing on an adjacent lot that they say reduced a retention pond and caused repeated runoff; staff said enforcement options are limited until redevelopment but engineering will be involved at site plan stage.
The Planning and Zoning Board recommended approval of ZM20260025, a conventional rezoning of a roughly 1.5‑acre lot at 1519 Waxhaw–Indian Trail Road from single‑family low density (SF‑1) to Neighborhood Business District (NBD).
Tyler Hayoski, senior planner, said the parcel lies inside a mixed‑use activity center overlay and that NBD is consistent with the town's 2041 comprehensive plan for mixed uses in the area. Hayoski said the immediate intent is to renovate the existing 1959 house for commercial use, with future development that could include a medical office. "The intent is to renovate the existing residential structure, to commercial use and in the future, develop a medical office on the property," he said.
During public comment, Deerstein residents said runoff and drainage problems caused by work on a nearby parcel owned in the past by another owner had damaged yards and reduced a retention pond. John Palmer, who said he recently moved into Deerstein and works as a realtor, told the board he provided aerial images that show a pond shrinking and then disappearing after bulldozing. "...he bulldozed land and he upset the topography of the land to the point where the runoff ... is now impeding upon 3 properties," Palmer said.
Town staff responded that the violations tied to the adjacent parcel are known and that engineering staff (including the engineering director) have been involved; however, staff said the town has limited leverage to force remediation until the problematic lot goes through redevelopment or site plan review. Brandy, a town staff member, told the board: "Until the property is redeveloped, we don't have any real leverage to force the drainage issues ... the town's done as much as they can, and it's a civil matter at this point." The board discussed the option of recommending a conditional rezoning if members wanted enforceable conditions but noted the current request is a conventional map amendment and conditions cannot be added to that action.
After public comment and discussion, the board moved and voted to recommend approval of ZM20260025; the recommendation will proceed to the Town Council for final action.
