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May 23, 2005 - Regular Meeting Page 188 C2005-02 (R-CU) by Donald M. Misenheimer with the following findings of fact: (1) This project is inconsistent with the Midland Land Use Plan; (2) This project is not fitting for a residential area because of the adverse impact upon other properties in the area; (3) The use, as proposed, does not meet the County's goal of protecting existing residential areas from encroachment of heavy industrial uses which have the potential to negatively impact the quality of life of existing residents; (4) Due to increased dust, noise and traffic, the proposed use would have a negative impact on surrounding properties; (5) The petitioner has not taken adequate steps nor provided sufficient evidence to ensure the prptection of the public's health, safety and welfare. Undue noise and dust as well as a degradation of water quality in the area will result if the use is permitted at this location. For the record, Vice Chairman Carruth reported that the address for Mr. Isenhour (adjacent property owner) is shown on the plot plan submitted by Mr. Misenheimer as Mt. Pleasant rather than Midland. Further, he stated the property to the east is zoned Light Industrial Special Use and the property to the west is zoned Limited Commercial. He also pointed out that the proposed zoning map amendment (Agenda Item G-7) identifies the property along NC 24 -27 to be zoned commercial. It was clarified that the Mt. Pleasant address is the mailing address for Mr. Isenhour. (G-6) Shops in 6.30 p.m. Zoning Text Amendment C05-01 (ZT) to Permit Contractor and Trade the Agricultural and ~en Space Zoning District - Public Hearing - Rodger Lentz, Planning and Zoning Manager, presented an overview of the Zoning Text Amendment C05-01 (ZT) to permit Contractor and Trade Shops as a use permitted by standards in the Agricultural and Open Space (AO) Zoning District. He reported Dan Browder had requested rezoning of the race shop property on Mt. Pleasant Road in order to sell the property to a cabling contractor. The Planning staff had suggested a text amendment to allow contractor and trade shops in the AO district and the Planning and Zoning Commission voted 8 to 1 at its April meeting to approve the amendment. He reviewed the standards as set forth in the proposed amendment related to site plan, maximum square footage, outside storage, location, landscaping and size of the property. Commissioner Juba asked what defined temporary outside storage-. Mr. Lentz said temporary storage was not defined and, as the Zoning Administrator, he would interpret temporary storage to mean storage of equipment or goods over the weekend and returning to the job site on Monday. However, he said staff could attempt to define the time limit for temporary storage. Further, Mr. Lentz stated the limited amount of space designated for temporary storage would help to deter abuse of the requirement, but pointed out the difficulty with monitoring and enforcement issues. Commissioner Juba asked staff to come up with a practical time limit for "temporary" storage. At 9:37 p.m., Chairman Carpenter opened the public hearing for Zoning Text Amendment C05-01 (ZT). She stated comments would be limited to three minutes. The Notice of the Public Hearing was posted on the County website on May 13 for a period to end on May 24, 2005, and was published in THE INDEPENDENT TRIBUNE on May 17, 2005. Bill Smith of Kannapolis stated other 30 to 60 days fOr temporary outside storage. specific purpose and time. jurisdictions issue permits for He said the permits are for a Ray Joyner, employee of prospective property owner, stated large equipment typically stays on the jobsite and limiting the amount of time for outside storage would not hinder operation. If a piece of equipment was temporarily stored, he said it would not be visible due to the buffers and large equipment could be stored inside the eight-bay garage. Mr. Joyner reported the company's operation closely resembles the activities of race shops currently allowed in the Agricultural/Open district. Steve Pickett, owner of Metrotech and prospective property owner, reported all the company's construction equipment weighed less than 10,000 pounds. Mr. Lentz suggested that the proposed ordinance be revised to prohibit any outside storage of equipment weighing over 10,000 pounds.