BC 1995 01 17 - Laserfiche WebLink

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306 Chairman Barnhart pointed out the two different opinions of fact as stated by himself and Commissioner Fennel. He asked if it would be appropriate for Mr. Newton to address these comments and the correctness of the information that was presented. Commissioner Olio-Mills questioned the presentation of new evidence by Mr. Newton. Mr. Hartsell advised that the Board could invite Mr. Newton to make comments if it chooses to do so. He asked if there were three members who wished to hear from Mr. Newton. There was no majority, and Mr. Newton did not address the Board. The Board then voted on the motion by Chairman Barnhart. The vote was as follows: Voting for - Chairman Barnhart and Commissioner Niblock Voting against Commissioners Casper, Fennel and Olio-Mills A motion was made by Commissioner Casper and seconded by Commissioner Olio- Mills to approve Petition 94-07. Commissioner Olio-Mills stated as a finding of fact that the Midland Area Plan is incomplete. Commissioner Casper added as a finding of fact that it was an oversight that the Planning and Zoning Commission had not addressed businesses in that area since the last occupant of the premises was a business. Also, she stated a business is located immediately adjacent to the property. Chairman Barnhart asked if the motion to approve included the placement of any conditions on the rezoning. Commissioners Olio-Mills and Fennel stated that the motion did not include any conditions. Mr. Newton stated that he would like to caution the Board in terms of conditions. A majority of the Board agreed by consensus for Mr. Newton to address the Board. Mr. Newton advised the Board that the failure to place conditions on the special use rezoning would result in a straight rezoning where all the uses are permitted. According to Mr. Newton, this had never been the intent of the applicant. Commissioner Fennel offered an amendment to Commissioner Casper's motion to include the development plan as submitted as a condition for approval of Petition 94-07. Commissioner Casper accepted this amendment as did Commissioner Olio-Mills who had seconded the original motion. Commissioner Fennel read the following proposed Conditions for Approval: 1. ~e use of the site will be limited to a dispatch office and parking facility for grounded trucks as presented in the request as amended with the following conditions; 2. Adherence to the submitted developmentplan as modified with the following conditions; 3. Where traffic safety is a major concern, steps can be taken to reduce the impact on residential traffic along Cabarrus Station Road. This is achieved by: a. limiting access to one entrance on Bethel Avenue Extension; and b. restricting travel to and from the site to Bethel Avenue Extension and Wallace Road 4. W~ere negative visual impacts have been expressed as a concern by residents, visual aesthetics can be improved through landscaping and buffering. This is achieved by: a. meeting all landscaping/buffering requirements as set forth in the Cabarrus County Zoning Ordinance; and b. constructing a landscaped berm (4-foot minimum) along Gabarrus Station Road; 5. Signage on the site will also serve to reduce the negative impact and still maintain a rural appeal by: