AG 1997 10 20 - Laserfiche WebLink

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378 DRAFT Ms. Tonya Rattler, whose family owns property in the area, opposed the rezontng. She complained about the way the situation Was handled and stated her family was simply ~rying to make a living by placing the mobile homes on their property. Ms. Rattler expressed fear that the rezoning would prohibit farming on family-owned land in the future. Mr. Marshall clarified that agricultural uses are exempt from zoning in all zoning districts. Mr. Cecil Jenkins, attorney representing Mr. Dewey Measimer, objected to the rezoning and cited concerns about the future of dairy farms in the area an~ an increase in property tax value. Rather than rezoning, Mr. Jenkins asked the Board to consider additional restrictions on single wide mobile homes and/or allowing only double wide mobile homes in the Agricultural Open zone. Mr. Joe Weddlngton of Archer Road expressed concerns about the future operation of his culinary herb business, an increase in taxes and the idea of bulk or wholesale rezoning. Mr. Mike Downs, Zoning Administrator, advised that the rezoning will not affect any use of a bona fide farm. Me stated in his opinion Mr. Weddington would be exempt as a bona fide farm. Mr. Tony Barnhardt of 7090 Mooresvllle Road opposed the rezoning, stating it would 'kill the farmers." He cited concerns about his ability to farm recently purchased property and an increase in taxes. Ms. Marilyn Barnhardt of 5800 Wabash Lane opposed the rezoning, stating the County needs more farms and fewer people. There was no one else present who wished to address the Board regarding Petition 97-12, and Chairman Casper closed the public hearing. Commissioner Barnhart made the following motion: Based on the fact that staff recommended this change, based on the fact that the Planning and Zoning Board voted 7 to 2 for approval, based on the fact that the Board got clarification that bona fide farms are exempt and after much consideration and much study, I make a motion that we approve Petition 97-12 to rezone property from Agricultural-Open (A-0) to Low Density Residential (LDR). Commissioner Mills seconded the motion, and Petition 97-12 was unanimously approved by the Board. Zoning Atlas Amendment <Petition 97~14 by James F. Peterman, Petitioner, and Jack Garmon and Hal Little, Owners, to Rezone 28 Acres at U.S. 601 South/Gal Best Road) - Public Hearing - 7:00 P.M. Mr. Marshall presented Petition 97-14 to rezone 28 acres off U.S. 601 South/Cai Best Road from Low Density Residential to Limited Commercial - Special Use to construct an automobile supplies facility with no retail sales. He reviewed the location of the property and the Staff Analysis recommending approval of the rezonlng. The property borders the Sam Wilson property which was rezoned to Limited Commercial-Special Use. This decision was overturned in Superior Court, and the County has appealed the decision. Mr. Marshall advised that (1) Public water service is available to the property and the property has been approved for septic suitability; (2) The parcel is located directly on U.S. 601 at the intersection with Oal Best Road; and (3) The proposed use is similar to the types of non-residential uses permitted in the LDR zone. Chairman Casper opened the public hearing for Petition 97-14 at 7:40 P.M. Mr. Hartsell and the Clerk affirmed those persons who indicated they wished to address the Board regarding the petition. Prior to addressing the Board, each speaker confirmed that he/she had been sworn. Mr. Joseph Joyal, Sr. compared the requested rezoning with the Sam Wilson rezoning and indicated future legal action by area residents if the Petition is approved. He expressed concern about the impact of future industrial development on the existing residential area.