HomeMy WebLinkAboutC.054.93010_0367MOTION by Commissioner Johnson, based on the findings of fact for the conditional use
permit, and based on the recommendation of the planning board, to grant the request and approve
the rezoning from Residential Agricultural to Neighborhood Business & Highway Business
Conditional Use District for Case No. 0102-1.
VOTING: Ayes - 5; Nays - 0.
Chairman Tice declared the meeting to be in a public hearing.
REZONING REQUEST; NORTH CAROLINA SERVICES CORPORATION (DBA
Statesville Auto Auction) PROPERTY, CASE NO. 0102-2 FROM HIGHWAY BUSINESS
CONDITIONAL USE DISTRICT TO GENERAL BUSINESS CONDITIONAL USE
DISTRICT: Smith said the auto auction company had requested the rezoning because of the
difficulties in complying with an original condition approved in July 2000. He said three conditions
were originally agreed upon, but the one requiring a "100' natural vegetated buffer to remain
undisturbed along 1-77" had been difficult to meet. Mr. Smith said that under the terms of the zoning
ordinance, the applicant could not amend a conditional use permit within one year of its approval
date. With this being the situation, the applicant had requested the General Business Conditional
Use District zoning in order to change the condition, while continuing to protect the adjacent
property owners' rights. He said the proposed rezoning would allow for the same property usage
presently allowed, but the previous conditions would be changed to address the 1-77 buffer issue.
Smith said that due to recent amendments to the Land Development Plan, and the conditions agreed
upon by the applicant, the staffrecommended approval. Mr. Smith said the planning board approved
the rezoning in a 9-2 vote on March 7, 2001, with the following conditions.
1. All land cleared of vegetation shall be replanted with evergreen trees (white pines, leyland
cypress, hemlocks, etc.) from the right-of-way of Interstate 77 to a point at least ten feet from the
proposed parking area. The replanted vegetation shall be distributed in a fashion and number
that will provide a buffer similar in nature to the vegetation existing before commencement of
the project.
2. The existing area that has been cleared (adjacent to and north of this proposal) shall be replanted
to the specifications listed above.
3. An eight -foot (8') high solid fence, existing vegetation, or fence with Leyland cypress trees along
the boundary to block light visibility and provide visual screening to residential neighbors.
4. No Statesville Auto Auction, its successors and assigns, or vehicles under control of the auto
auction shall be permitted to use Carl Austin Road to access the property.
The proposed permitted uses are:
*Automobile parking lots and facilities for permitted uses in the district.
'Automobile parking (commercial).
*Automobile repair & service (excluding storage of wrecked orjunked vehicles).
*Automobile storage.
*Automobile towing and storage services.
-Automobile washing facilities.
Office, not classified elsewhere (no retail).
-Structures & uses clearly incidental to a permitted use.
'Utility equipment and storage yards.
• Water distribution lines, booster pumps, storage facilities & appurtenances.
Bedford Cannon, the attorney for the applicant, said that in June of 2000, the auto auction
did not feel the 100 ft. buffer on the west side would have an adverse impact; however, it was later