BC 1997 02 17 - Laserfiche WebLink

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244 Chair Casper opened the public hearing for Petition 97-01 and asked if anyone were present who wished to speak either for or against the petition. Mr. John Tim Drye of 3755 Highway 73 East spoke in support of the rezoning, stating an area of commerce had been associated with the intersection of Highway 73 E, Cold Springs Road and Irish Potato Road since the early part of the century. He complained that the property requested for rezoning was rezoned as residential in 1993 without notification to the owners. Also, he stated that over one-half of the Limited Commercial uses would be eliminated for the property due to geography, size of the lot, lack of services and set back requirements. Mr. Marshall advised that the adoption of the 1993 Zoning Ordinance provided for overall rezoning in the county. At that time, the County used newspapers, radio, and other legal methods of notification. Mr. Pat O'Brien of 191 Fryling Avenue, Concord, requested approval of Petition 97-01. He outlined the zoning history of the property as follows: 1982, C-5; 1989, C-l; and 1993, Limited Commercial and Medium Density Residential. Mr. O'Brien stated that Mr. Wensil wishes to add a warehouse at the rear of the property and has agreed to the conditions as outlined in his Special Use application. Further, he reported that the back parcel of the Wensil property is landlocked and has no access except from Highway 73. Chair Gasper affirmed Ms. Evelyn Cooke and Ms. Ann Wensil. Ms. Cook identified a letter she had written in support of the rezoning petition. Stating her land adjoins Mr. Wensil~s property from the back and Mr. Drye's property from the side, Ms. Cook advised that she has no objections to the rezoning requests. Ms. Ann Wensil supported the rezoning and explained the property has always been in her family. Mr. Bob Amos opposed the rezoning, stating the requested zoning is inconsistent with the '~Small Area Plan for the Cold Springs Road/Highway 73 Community." He stated that additional commercial property is not needed in the area since there are more than 12 acres of undeveloped commercial property within 500 yards of the property proposed for rezoning. Further, Mr. Amos expressed concerns related to highway safety. Mr. Davey Amos of 3674 NC 73, East, objected to the rezoning request. He commented on the number of single family homes in the area and stated the property was zoned residential as a result of the Small Area Plan for the community. Mr. Amos expressed concerns about highway safety, including additional traffic, location of the driveway to the property and the lack of turning lanes. There was no one else present to address the Board, and Chair Casper closed the public hearing. Chair Casper separated the two parcels and asked that the Board act on the Wensil property and the Drye property by separate motions. UPON MOTION of Commissioner Mills, seconded by Commissioner Barnhart and unanimously carried, the Board approved the rezoning of the Harold Wensil, Jr. property from Limited Commercial and Medium Density Residential to General Commercial Special Use (Plumbing Contractor, Plumbing Supplies/Materials/ Services and Real Estate and Investment) with the conditions as submitted and agreed to by Mr. Wensil. A motion by Commissioner Mills, seconded by Commissioner Niblock, to approve the rezoning of the Drye property from Medium Density Residential to Office/Limited Commercial failed with Commissioners Mills and Niblock voting for and Chair Casper and Commissioners Carpenter and Barnhart voting against. UPON MOTION by Commissioner Carpenter, seconded by Commissioner Barnhart with Commissioners Carpenter and Barnhart and Chair Casper voting for and Commissioners Mills and Niblock voting against, the Board denied the rezoning of the Tim Drye Property on the corner of Highway 73 East and Kirkwood Drive from Medium Density Residential to Office/Limited Commercial.