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May 23, 2005 - Regular Meeting Page 185 residential zoning, with 70-foot buffers along the sides; (7) The developer would be subject to the Thoroughfare Overlay Zone; (8) The Midland Area Plan calls for this property to remain commercial in nature; (9) If approved, the developer would limit the uses on the property to those enumerated in this application and would be held to the submitted site plan; and (10) Staff feels these proposed uses combined with the submitted site plan and additional buffering in the rear should not make the development a nuisance to the surrounding property owners. Finally, Ms. Goodson stated staff recommends approval of Petition C2005-02 (R-CU) with the following conditions: (a) must comply with submitted site plan; and (b) must comply with list of approved uses. The following items related to Petition C2005-02 (R-CU) were included with the Agenda and submitted as evidence: (1) Planning Staff Report; (2) Current Zoning Map submitted by Staff; (3) List of Adjacent Property Owners; (4) List of Proposed Uses; (5) Preliminary Site Plan; (6) Letter Submitted by Town of Midland stating opposition by the Midland Planning and Zoning Commission to the rezoning; (7) Letter submitted by Jerry Saunders and Ryan McDaniels of the Cabarrus Economic Development. Corporation in favor of the proposed project; (8) Attachments submitted by Mr. Misenheimer, including signed statements from individuals in favor of the rezoning and a number of Material Data Safety Reports; and (9) Minutes from the following Planning and Zoning Commission meetings: February 17, March 17 and April 21, 2005. Chairman Carpenter questioned the current zoning of the property and the special use designation. Rodger Lentz, Planning and Zoning Manager and previously sworn, reviewed the differences in the LI_SU and the GI-SU districts. He explained the Special Use process allows the petitioner to remove items he is not interested in and/or may pose a greater nuisance to the community. Also, he said the petitioner submits a site plan that provides for the development of the property in a certain way. At 8:30 p.m., Chairman Carpenter opened the public hearing on Petition C2005-02 (R-CU) submitted by Donald Misenheimer to rezone property on NC Highway 24/27 East from LI-SU to GI-SU. Larry W. Smith, a local realtor and previously sworn, said he was speaking on behalf of clients who are adjacent property owners and oppose the proposed concrete plant from an environmental standpoint. Secondly, he said his clients feel the rezoning will not benefit anyone except the petitioner and feel it would be a detriment to the surrounding area and land values. Chris Hunter, resident of 321 Highway 24/27 and previously sworn, said his property is in close proximity to the site of the propOsed concrete plant. Irregardless of the health hazards, he said the community of Midland does not want the concrete plant as it does not fit into Midland' s 15~year plan. Further, he explained the property will eventually fall into the Town's jurisdiction and it would not be fair to create a hazard and a nuisance that the Town will have to deal with in the future. Mr. Hunter stated the surrounding property is zoned Countryside Residential (CR) and he has first rights on the adjacent 68.3 acres owned by Mary Lee Abernathy. He said by trade he builds homes and developments and would like to develop the Abernathy property in the future, but would not want to do that if the concrete plant is built. Mr. Hunter said his appraiser would speak on declining property values. Also, he pointed out Midland has a designated industrial area down Highway 601 towards Monroe. He said in his opinion Mr. Misenheimer is trying to circumvent the system and make the rest of the residents in the area suffer. He also expressed concern that rezoning Mr. Misenheimer's property would set a precedent for future rezonings. He cited environmental concerns, including noise, dust and pollutants, and asked Board members if they would want a concrete plant in their backyard. He further expressed concerns about the safety of the children attending United Love Baptist Church nursery which is located about 300 yards from the proposed concrete plant site. In conclusion, Mr. Hunter stated the concrete plant would add nothing to the neighborhood. Larry Thompson, environmental consultant and previously sworn, said the proposed concrete plant is an eight yard batch, which is less than most concrete trucks on the highway. He stated concrete is essentially an inert product comprised of 9-13 percent Portland cement, which he said is the environmental concern because it is a mixture of limestone, clay, sand, and shell. He stated it is usually 95 percent limestone, a natural alkaline product found in the earth which can cause some problems if it comes in" contact with exposed skin or a live perennial stream. Also,he said the dust