BC 1992 03 16 - Laserfiche WebLink

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492 creating a buffer zone and increasing the permissible noise level from 55 and 60 decibels up to 75 and 85 decibels. Also, Mr. William G. Alexander, Planning and Zoning Commission Attorney, had issued a legal opinion that the Speedway has a "grandfathered" right to continue its operation in the current ARR zone and that the noise requirements of the Zoning Ordinance would not be enforceable if the rezoning is denied. Mr. Jonathan Marshall, Planner, stated it was the staff's recommendation that Petition 92-03 be approved with the following conditions: (1) County water is extended to the site, and (2) the petitioner demonstrates his ability to meet the performance standards. Chairman Carpenter opened the public hearing for Petition 92-03 at 8:03 P.M. Mr. Cecil Jenkins, Attorney representing Lakeshore Estates, Inc., asked that the property be rezoned in order for the petitioner to meet and comply with the County's zoning standards. He stated that the noise provisions were not currently applicable to the Speedway in the ARR zone but would apply if the property is rezoned to I-2/SU. Mr. Jenkins reported that it would be cost prohibitive for Mr. Henry Furr, owner of the property, to run a water line to the Speedway at this time as very little water is used. However, Mr. Jenkins stated that Mr. Furr would be willing to connect to both water and sewer if sewer service should become available in the area. In response to his request for persons living near the track to stand in support of the rezoning, approximately 16 to 18 persons stood in favor of the rezoning. Mr. Wayne Schmitt of Dakeita Circle opposed the rezoning, stating the zoning change would affect one-sixth of the County's population and would not be in the best interest of the families, churches, and the Piedmont Residential Development Center located in that area. He expressed concern about the future use of the property and the impact on the rural environment of the area. Also, Mr. Schmitt reported that residential property values had decreased 10 to 20 percent at the time the track began operation. Mr. Schmitt stated in his opinion the rezoning would constitute spot zoning and would set a precedent for future spot zoning in the county. Approximately 16 to 18 persons stood in response to Mr. Schmitt~s request for those present who live near the Speedway to stand. Mr. George Barnard of Edgefield Road opposed the rezoning from ARR to I- 2/SU and stated his concurrence with many of Mr. Schmitt's statements. He emphasized that he did not want to close the racetrack although he noted the track noise does exceed performance standards on occasion. Mr. Barnard expressed concern that the industrialization of the area would extend the noise from the weekend to other times throughout the week. He questioned the impact of the I-2 zone on an adjacent rural preservation area identified in the Midland Small Area Plan. Also, he stated that other sources of employment such as commercial developments were more suitable for the area than the proposed I-2 zoning. Mr. Barnard presented the following petition which hestated contained 125 names and asked that the names be made a part of the record. The undersigned do hereby register their opposition to the rezoning petition of Lake Shore Estates, Inc., to rezone PIN 5537- 51-5126, Township 10, US 601 at Joyner Road, also known as Concord Speedway, from the existing ARR to I-2/SU, and do respectfully request that the rezoning petition be denied. Elbe L. Kendall Charles F. Creason Gall Long Sara Meda Ritchie Barbara S. Mann Willis E. Mann Ruth Soyars Charles F. Black Ruth H. Norman John Peck Leslie Ritch Colene Perry Joseph M. Santos Laura Leigh J. A. Bost Dena Hartsell Juanita E. Coley Mitzi Eddleman Frank Joyner Carolyn Kendall Alice S. Radcliff Gary M. Long Betty Pell Douglas J. Hewitt Doris C. Herrin Reba M. Cox Jean Black Kathy L. Chapman Portia Peck Jane Howard Wes Lefler Lisa B. Santos Arty Leigh C. W. Eddleman Richard N. Dean Larry W. Coley Cecil Barringer Adele Joyner Polk Joan F. Creason James Radcliff Kindred A. Ritchie Walter C. Conover Sharon E. Hewitt Frank Herrin Cindy Herrin Sharon L. Black Jerry P. O. Greene Willia B. Furr John C. Lefler Charlotte Lefler Margaret Bost Paul Hartsell James Delaine Eddleman Ernest Porter Archie Joyner