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January 27, 2003 Page 29 grant application for the Fishertown/Princeton Park area. Previously, CDBG grant applications have been prepared by County staff or by Bob Stark, Consultant. UPON MOTION of Vice Chairman Suggs, seconded by Commissioner Privette and unanimously carried, the Board instructed staff to contact Hobbs, Upchurch and Associates regarding the preparation of a Community Development Block Grant application for the Fishertown/Princetown Park Community. It was suggested that residents of the community prepare a letter regarding the community's sewer needs for Board members to submit to the County's Congressional delegation during an upcoming meeting in Washington. (F-4) Patrick Highway 49 Rezonin~ Petition - C02-03 (R) Mr. Jonathan Marshall, Planning and Zoning Services Director, explained the process to rezone property from a general category to a Special Use district, including the need for sworn testimony and findings of fact. County Attorney Hartsell and the Clerk affirmed those persons wishing to address the Board during the public hearing on Petition C02-03(R). Each speaker then affirmed that he/she had been sworn prior to addressing the Board. Chairman Freeman opened the Public Hearing for the Patrick Highway 49 rezoning petition. The Notice of Public Hearing had been published in THE INDEPENDENT TRIBUNE on January 13 and 19, 2003. Mr. Marshall presented Petition C02-03(R) by the Patrick 49 group to rezone 90.728 acres of property (PIN #5528-14-5461) on Highway 49 from Limited Industrial (LI) to General Industrial Special Use (GI-SU). He stated the Petition originally went to the Planning and Zoning Commission as a General Industrial zoning and was approved by a 4-3 vote on December 19. Since that was not a super majority, the Petition was automatically forwarded to the Board of Commissioners. Further, Mr. Marshall advised that the petitioner has amended the petition to a Special Use rezoning based on the comments and information offered at the Planning and Zoning Commission meeting. Mr. Marshall presented a map showing the general area of the property on Highway 49 at Stough Road (future southern end of the Westside Bypass) and outlined the following information concerning the petition: (1) There are adjoining zoning districts of General Industrial and Limited Industrial as well as nearby residential neighborhoods across the railroad right-of-way; (2) Petition is in compliance with the 1991 Harrisburg Area Plan that showed a mix of industrial uses and future employment along Highway 49; (3) Specific use is a salvage yard that does involve outdoor storage and does require the General Industrial zoning; and (4) The rezoning is a Special Use rezoning as the petitioner has eliminated some uses from the General Industrial district. In conclusion, Mr. Marshall stated that staff recommends approval as other factors necessary for industrial zoning are in place, including adjacent General Industrial zoned property, major rail line, major highway and water and sewer service. Mr. John Carmichael (Attorney representing the petitioner) stated the petitioner is the Patrick Highway 49 LLC and Jeffrey B. Turnball, who are owners of the property. He stated that Verastar has a contract interest in the property and it is likely, if the rezoning is approved, that Verastar will close on the property and develop it in the manner to be presented during the meeting. However, he pointed out that the development by Verastar is not 100 percent sure even if the property is rezoned. Mr. Carmichael explained the petition had been converted to Special Use rezoning in order to eliminate certain uses that were objected to at a prior hearing and to give assurances to some nearby property owners. He compared a listing of permitted uses in the General Industrial and Limited Industrial districts and stated the petitioner was eliminating the following uses as a part of the Special Use rezoning request: Asphalt and/or concrete plants; Chemical manufacturing; Slaughter house/meat packing; Warehouse, volatile materials; Landfill, demolition (one acre or less); Landfill, demolition (more than one acre); Landfill, sanitary; and Race tracks, animal and mechanical. Mr. Carmichael advised that a potential use (salvage yard) of the site and proposed conditions would be addressed during the presentation. However, he pointed out that, if the rezoning is approved, the site could be used for any of the uses attached to the rezoning petition that are currently allowed in the General Industrial district. Mr. Carmichael then introduced Mrs. Janet Covey of Verastar to provide information regarding the petition. He questioned her on various issues