HomeMy WebLinkAboutC.054.93011_1084 (2)property was adjacent on the back and south sides. He then proceeded to play back taped
excerpts from the Planning Board meeting (see file for excerpts).
Commissioner Williams said Mr. Warren touched on the fact that it was a split
decision by the Planning Board, and it was not only a split decision but the opposition
had some very strong statements.
Adams said the basis for the rezoning was to sell the site to the highest bidder.
He said every concern and desire by the fire department could be achieved but it didn't
have to be carte blanche. Mr. Adams said he had presented his concerns to the Lake
Norman Volunteer Fire Department board, but he never heard anything final from them.
Adams said he felt the fire department was using a "bullying approach" since it was a
public entity. He said his property did not have to be damaged, and the fire department
could receive a commercial zoning if the VFD members were willing to place some
conditions on the property. Adams said that if the request were approved, a precedent
would be set. He said the Land Use Plan was specifically clear, and it drew a line
following the existing zoning which said to him that anything proposed should be
scrutinized due to not being in the plan. Adams said he interpreted the ordinance as
saying all rezoning should be conditional under the Brawley School Road Plan and the
Roadway Overlay Protection Plan. He said the county had already gone against the plan
with the Chuckwood Road rezoning. Adams mentioned the possibility of the Brawley
School Road being widened and road frontage being taken by the state. He said service
stations, fast food restaurants, convenience stores, and car washes were allowed under
NB, and they would all be detrimental to the area. He challenged the staff to justify the
Statement of Consistency. Adams said favoritism was not a reason to rezone, and the
highest and best use was not always the quickest and easiest. He suggested that the
request be given back to staff and planning board for re -study as a conditional use.
Rose Marie Adams, wife of Ross Adams, said a rezoning sign was on the site for
only 24 hours. She said her family sold the property to the fire department for use as a
parking lot, and they never would have agreed to the sale had they known it might
someday be used for a fast food restaurant.
Frank Philips, treasurer for the Lake Norman Fire Department, said the
department desired to be a good neighbor and in no way meant to bully or be negative.
He said the fire department officials were interested in bringing one acre of land into one
type of zoning. Philips said the fine department members initially thought the property
was all residential agricultural, and they wanted to rezone it NB. He said it was then
found out that 2l3s of the property was already zoned NB, so the request was to have the
remaining 113 rezoned to NB. Phillips said the VFD officials thought the property would
be difficult to market with two different zonings.
Commissioner Robertson asked Mr. Philips if the department would or would not
accept the conditions that Ms. Ebert had on her property.
Philips said that half of it did not have conditional uses. He said that right now, a
fast food restaurant could be on the site. Mr. Phillips said the VFD would accept the ten
foot undisturbed buffer. He said there was a condition for a stub out and that all of their
property faced the Brawley School Road. He said that it had been mentioned that three
or four businesses could to be placed on the property, but this many couldn't be on one
acre. Philips said Mr. Adams had a concern about lighting, but Mr. Warren had
indicated there would be a restriction for six-foot candles.
Robertson said there would be light fixtures if an Arby's Restaurant were built.
Mr. Philips said he didn't think an Arby's would fit.
Robertson said the concern was not about what would be built next week, but
when water and sewer would be provided.
Mr. Philips said the lighting requirement would not change.