BC 1995 06 19 - Laserfiche WebLink

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467 business at the Sheriff's Department. Stating that the issue has gotten out of hand, Mr. Harkey commented that all the company wanted was an office to better serve its customers and for its employees. He stated that the company serves contractors, residents of nearby neighborhoods, and does emergency clean up work for such companies as Duke Power. He disagreed with earlier comments by Mr. Boger and stated there are other businesses on Robinson Church Road, including Walters Welding, a swinery, and Rocking R Stables. Mr. Harkey stated he would like to continue to make his living in Cabarrus County and asked for the Board's indulgence. Mr. Gary Howell stated that Robinson Church Road is a highly traveled commercial road with a speed limit of 45 miles per hour. He cited heavy traffic of both cars and trucks on that road. Mr. Howell stated that no one had complained to him about the trucks or the noise since he became Site Manager seven months ago. He indicated he had talked with Mr. Plott and that the company will not sacrifice its profits and or be put out of business by reducing its current number of six trucks. In conclusion, Mr. Howell asked for approval of the request, stating in his opinion the business is not a noise factor nor does it present a traffic problem. Mr. Tony Eury, who resides across the street from Mr. Plott, objected to the rezoning and addressed a number of issues raised by Mr. Howell, specifically the petitions and the traffic count. He stated that in his opinion the 130 petitions submitted by the company should have no relevance in the matter since a majority of the signatures, 77 of the 130, were by persons living outside the area. Aceording to Mr. Eury, there were 26 from Harrisburg and only five who live within one mile of the business. He reported that the Department of Transportation conducted two traffic studies simultaneously on Robinson Church Road in 1994. The study closest to the residents showed 2,900 vehicles per day while the other study made near the new bridge in Harrisburg showed 4,400 vehicles per day. Mr. Tony Eury stated the business did not present a noise or traffic problem at the time he moved to the area eight years ago. Company trucks left in the morning and returned in the afternoon. There was no displays or signs at the site at that time. However, he stated that Mr. Plott began a retail business three or four years ago, increasing the number of products for sale, displaying the products along the road, and erecting signage. Mr. Eury questioned the sensitivity of Mr. Howell~s sound meter and the accuracy of the sound readings. He reported that a major fear of the residents is that other persons will apply for commercial rezoning if this rezoning is approved and the presence of commercial property will cause the value of homes to decrease. Secondly, he expressed concern that approval of the rezoning with restrictions will open the door for the business to come back and apply for a different special use or fewer restrictions. He also questioned the enforcement of any restrictions placed on the business, stating that current regulations are not being enforced. As an example, he stated that portable sign has been in place in the area since last fall. In conclusion, he disagreed with Mr. Howell~s description of the area as "rural" and stated in his opinion it would be the wrong decision to give Mr. Plott commercial zoning based upon the number of homes, the size of the new homes, and those currently under development in the area. Mr. Dennis Smith, who resides across from Jim's Sand and Stone and next door to Mr. Eury, opposed the rezoning. He also stated the business did not depict a commercial presence at the time he built his home seven years ago. However, he stated that Mr. Plott has expanded during the last four or five years, and specifically during the past year. According to Mr. Smith, Mr. Plott has backfilled and graded to make more usable area, put up signs, and generated more commercial traffic. Mr. Smith explained that the biggest concern is not so much the noise, but of opening the door to commercial uses in the medium density area. He stated that residents are trying to protect their families and the values of their properties and to discourage commercial properties from coming into the area. Mr. James Bowling of 9575 Robinson Church Road stated he has no problem with Jim's Sand and Stone but in his opinion the business should remain as it was when he bought his home. While he could not tell the business was there at that time, there are now piles of improvement products and signage at the site. Mr. Bowling stated he had complied with County regulations and in his opinion Mr. Plott should have to abide by the same set of rules. He commented on the video