BC 1995 06 19 - Laserfiche WebLink

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466 Mr.. Newton stated in his opinion it is not anyone's intent to. shut Mr. Plott's business down. He advised that the Planning staff and Planning and Zoning Commission had tried to address the method to control the impact'of the business on the adjoining property. Acknowledging that it would be better if the business were not there, Mr. Newton pointed out that the County's ordinances have provisions to protect existing businesses. In response to questioning by Chairman Barnhart, Mr. Newto~ reiterated that it is'his opinion that four vehicles are within the scope of business's current operation. He explained the general rule is 10 percent; therefore, the number would remain at four although vehicle utilization could increase. Commissioner Niblock asked if there was any way under the existing non- conforming use that any limitations can be put on the hours that the trucks are going in and out. Mr. Newton replied not very well as it would be necessary to document what has happened since 1982. Mr. Boger responded to Commissioner Ollo-Mills's observations regarding efforts to close a business. He explained that the neighbors are not trying to close Mr. Plott's business but are asking that the Board be fair and reasonable in its enforcement of the Zoning Ordinance. Mr. Boger stated that neighborhood residents, whether they came this year or 20 years ago, are entitled to the protection of the Zoning Ordinance in place for Cabarrus County. Mr. Gary Howell, Site Manager for Jim's Sand and Stone, spoke in support of the rezoning and presented information regarding the operation of the business. The business has six trucks, including tandems, tractor trailer, and pick-ups. Mr. Plott wishes to place a modular office with utilities on a more visible location on the property. 'The new office will provide a better location for computer equipment, be handicapped accessible, and offer more security for Mr. Plott's nearby residence. Mr. Howell presented a video of Jim's Sand and Stone and of Robinson Church Road to Tom Query Road. He stated that the video showed that the area is not heavily residential and that Robinson Church Road is a very rural road, including a pig farm and hay fields. According to Mr. Howell, a 1994 survey by the Department of Transportation showed that approximately 5,000 vehicles travel Robinson Church Road on a daily basis. He disagreed with testimony given on May 18 that the business is creating an unreasonable amount of noise. During presentation of the video, Mr. Howell pointed out the sound levels recorded at various locations in the area. According to Mr. Howell, these readings included the following: Birds chirping - 65 decibels; truck and automobile traffic on Robinson Church Road - from 72 to the mid 80's, depending on location; and raising of dump truck bed - 74 to 76 decibels. Mr. Howell stated the business operates three tandem trucks and tractor trailers and is not willing in any way to curtail its operation to a point that would cause the company not to be competitive or cause them to go out of.business. He reported the business currently has seven employees, pays $6,000.00 per month of taxes, and brings thousands of dollars of revenue into Cabarrus County annually. Mr. Howell denied allegations that the company dumps diesel fee in the creek, stating the creek is checked twice weekly by Carolina Water to ensure the business is not doing anything illegal. Mr. W. Hugh Harkey, Jr. presented approximately 130 petitions to the Board with the following statement: I am writing on behalf of Jim's Sand & Stone, Inc. located at 9760 Robinson Church Road in Cabarrus County to express my support of their desire to 'secure a new office to better serve their customers. Jim's is a convenient supplier of landscaping supplies and materials for homeowners and contractors in Mecklenburg and Cabarrus Counties. A new office with improved amenities such as restrooms and handicap accessibiltties should provide a better working environment for Jim's employees and a more inviting environment for customers. Please approve Jim's application for a new office. Mr. Harkey advised that the Department of Health, Environment and Natural Resources had verified that the company has never been cited, charged or convicted of any environmental infractions. Also, he reported that Deputy Ramsey had confirmed that there are no records of noise complaints filed against the