BC 1982 03 15 - Laserfiche WebLink

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48 Mr. Henry Carter of Turkey Road objected to the zoning of his property as a commercial area as he stated he lived in a residential section. Chairman Bonds advised Mr. Carter that no action could be taken at this time regarding this matter as it was not a specific item to be considered at this public hearing. Persons speaking regarding this proposed amendment included Mr. Manuel Kiser who stated all building permits issued prior to February 1, 1982 should be grandfathered under the Zoning Ordinance. However, he charged that Planning Director Chandler had inaccurately presented the Planning Board recommendation as, in his opinion, the Planning Board had agreed to grandfather "all building permits" prior to February 1 and had not specified that the permits were to be "valid building permits." Also, Mr. John Cline, a member of the Planning Board, stated it was the intention of the Planning Board that all permits issued prior to February 1 be grandfathered in under the Zoning Ordinance. Messrs. Archie Barnhardt and Bill Powlas supported the establishment of the effective date of February 1, 1982. In addition, Mr. Barnhardt stated objection to the fact that the developers of the race track were required to sign a statement of understanding when issued a building permit on December 10, 1981, and further suggested that the Board nullify the entire Zoning Ordinance. Mr. Erwin Spainhour, attorney representing residents of the area of Joyner Road and Highway 601 where the new race track is being built, objected to the enactment of this proposed amendment, citing two rulings of the North Carolina Supreme Court pertaining to the establishment of vested rights by a property owner acting in good faith. He contended that the Furrs had acted in bad faith in continuing construction of the race track after signing the statement of understanding on December 10, 1981. Also, Mr. Bill Potter, resident of Township 10, spoke against the proximity of the race track to his home because of the problems of dust, pollution, and noise. Mr. Robert V. Measmer of Stanley Avenue objected to the fact he could not put any additional trailers in his trailer park because of the R-9 zone as well as to the fact that the trailers in his park have to be registered with the Tax Supervisor's Office. He was advised to contact the tax office regarding the registration requirement. UPON MOTION of Commissioner Nash, seconded by Commissioner Cook with Commissioners Nash, Cook, and Chairman Bonds voting for and Commissioners Payne and Lentz voting against, the Board approved the adoption of the amendment as presented setting February 1, 1982, as the effective date. Paragraph honoring the recorded (including preliminary) subdivision Plats submitted. RESPONSE: Subdivisions with lots containing a minimum of 10,000 square feet that were platted and recorded prior to the enactment dates of this ordinance or subdivision on which preliminary approval has been granted by the Planning Board and are still considered current as per subdivision ordinance, will not be subjected to minimum square footage requirements. No one spoke either for or against this proposed amendment. UPON MOTION of Commissioner Nash, seconded by Commissioner Cook and unanimously carried, the Board adopted~t~he proposed amendment as recommended by the Planning Board. 3. Pag.e 6 of ordinance: 3-lB slight wording change. Page 6, 3.1; AI Intent Statement Word in first sentence changed from discouraging to disallowing. On pages 16 and 20 clarification and correction of footnote. Asterisk placed beside Mobile Home I & II and Single family dwelling. Footnote to read Ref. Page 6, Section 3.lB. Mr. Jack Rankin, member of the Planning Board, objected to this amendment as presented by Mr. W.S. Chandler, Jr., Planning Director. He stated that the matter of changing the word "discouaging" to "disallowing"