BC 1995 06 19 - Laserfiche WebLink

Home Browse Search

465 Commissioner Olio-Mills asked if Mr. Plott could increase his traffic or trucks without this change. Mr. Newton responded that he could. Mr. John R. Boger, Jr., attorney representing the residents who oppose the rezoning request, spoke against Petition 95-04. He disagreed with Mr. Newton as to whether Mr. Plott can expand if the rezoning is denied, stating as he understands the law you cannot expand a non-conforming use. He further stated that Mr. Plott was able to operate as a rural home occupation under the old Zoning Ordinance but noted that the business does not qualify as a rural home occupation under the new ordinance. Mr. Boger stated it is Mr. Plott's privilege to stay at the present location, but he should not be allowed to increase the use of his property. He reviewed the purpose of zoning as defined by the. North Carolina General Statutes and addressed the following issues in opposition to the rezoning: (1) Plan for the area is residential and requested zoning will violate that plan; (2) Robinson Church Road is a secondary road, not suitable for large trucks carrying gravel and stone; (3) No other businesses are located on Robinson Church Road from Jimfs Sand and Stone to the county line; and (4) Business should be in a commercial district. Mr. Boger questioned Mr. Ed Small regarding the number of homes and subdivisions in the area. Mr. Ed Small, who is building a residence across the street from the business, presented a map showing the location of Jim's Sand and Stone and the surrounding area, including the subdivisions of Bradford Park, Britley, Steeplechase, and Chestnut Hills. He reported the following results from a spot survey of the property located within a one mile radius of the business: 224 existing homes, 43 new homes under construction, and 187 potential home sites that are ready for sale, totalling 455 sites that can be housed by families at this point. Mr. Small also stated there are large tracts of property that can be developed for residential medium density. He presented an album showing photographs of some of the homes in the area, including Robinson Church Road and the subdivisions, and Jimfs Sand and Stone. Mr. Boger called Mr. Wayne Allen to the podium and asked about the location of his residence. Mr. Allen stated he lives in the Chestnut Hills area which is located to the rear of Mr. Plott~s property. He indicated that the trees and foliage during the summer block the view of the business to some degree; however, the business is visible when the leaves are gone. Mr. Boger stated the residents and developers have made quite an investment in the area based on the residential zoning and are entitled to the protection that zoning has been afforded to them. He expressed concern that the rezoning would create a commercial area in the community and open the door for Mr. Plott to ask for changes in the restrictions. Mr. Boger advised that the issue is not noise, dust, or hours of operation, but the main issue is to protect and maintain the residential nature of the neighborhood which has been residential since zoning was incurred. In conclusion, he stated in his opinion.the recommendations by the staff do not address the issue. According to Mr. Boger, his clients feel strongly that the requested rezoning is not the proper use for the area and that Mr. Plott should only be allowed to continue to operate as a non-conforming use. Chairman Barnhart requested clarification from Mr. Newton regarding the possible expansion of the number of vehicles and/or the expansion of the facilities as a non-conforming use. Mr. Newton discussed the issue of scope of the business. He stated that it was staff's position that the rezoning with the limitation of four vehicles would hold it to the same scope. Without the rezoning, Mr. Newton explained that the company can continue as it has been and can increase in trade and volume. However, he stated the business cannot go beyond the scope of where its activity and operation has been. For example, Mr. Newton stated that activity on the area that has been filled toward the front of the property on Robinson Church Road would not be allowed to occur. Commissioner Olio-Mills questioned the development of the subdivisions in the area. He expressed concern that persons build houses near existing businesses, such as the Concord Motor Speedway, and then want to shut the business down or restrict it.