BC 1995 09 19 - Laserfiche WebLink

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545 (GI). He reviewed the location of the property and presented the staff analysis recommending approval of the petition. The staff analysis identified the need for industrial zoning and indicated that this is a good location based on services, access, and surrounding land use. The Planning and Zoning Commission voted 8-1 on August 17, 1995 to approve Petition 95-06. However, the ruling was appealed by Mr. James L. Pharr, Secretary of Pharr Realty, Inc. Chairman Barnhart opened the public hearing on Petition 95-06 at 7:22 P.M. Mr. Melvin Greene, property owner and owner of Terminal Trucking, spoke in support of the rezoning to permit expansion of the trucking company. He stated the noise from N.C. 49 makes the property unsuitable for residential development. Mr. Jim Pharr, Secretary of Pharr Realty, Inc., spoke in opposition to the rezoning to General Industrial, stating his family owned nearby property which is planned for residential development. He complained that the General Industrial zone would provide no controls on the development of the Greene property and would permit a number of uses that would be incompatible to the area. Stating he has no problem with the commercial use of the property, Mr. Pharr asked for consideration of a zone other than General Industrial. Mr. Robert Morrison, resident of Georgia and owner of property located adjacent to the Greene property, opposed the rezoning to General Industrial. He expressed safety concerns about the truck traffic on N.C. 49 and stated there should be a "lighter" zoning that would blend better with the schools, churches, and homes in the area. Mr. Jonathan Loeb, resident of Windrose Subdivision located adjacent to Phil Cline Trucking Company, spoke in opposition to the rezoning. He stated the additional industrial zone will negatively impact the 66 homes in the neighborhood and create safety problems for school buses and other traffic on N.C. 49. He stated that the rezoning to General Industrial will not be consistent with the limited industrial uses of Phil Cline Trucking and Terminal Trucking currently located in the area. Mr. Marshall Miller, representing himself and other members of his family who own land adjacent to the Greene property, supported the rezoning. He stated in his opinion that industrial use is the best use along N.C. 49. There was no one else who wished to address the Board, and Chairman Barnhart closed the public hearing on Petition 95-06 at 7:34 P.M. Upon questioning by Board members, Mr. Greene advised that he had chosen the General Industrial zone because he may wish to locate some type of industry on part of the property in the future. Mr. Pharr asked to speak to the Board about the process of talking to the Planning and Zoning Board. Although the public hearing had been closed, a majority of Board members agreed for Mr. Pharr to address the Board. Mr. Pharr stated it was unfair that his comments in opposition to the rezoning were not taken into consideration by the Planning and Zoning Board. He reported that the front door to the Governmental Center was locked when he arrived, thus requiring him to enter the facility through another entrance. This delay caused him to arrive after the vote by the Planning and Zoning Board. Mr. Hartsell stated that it was unfortunate that the front doors were locked. However, he advised there was access to the building and there were individuals who were present for the meeting. UPON MOTION of Commissioner Olio-Mills, seconded by Commissioner Fennel with Commissioners Olio-Mills and Fennel and Chairman Barnhart voting for, and Commissioners Casper and Niblock voting against, the Board approved Petition 95- 06 to rezone 23.63 acres of property owned by Melvin and Helen Greene on the southside of N.C. 49 at Irish Buffalo Creek from High Density Residential to General Industrial.