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HomeMy WebLinkAboutC.054.93011_0928Commissioner Johnson said one reason why the new Third Creek School was built at its location was due to Wayside having buses in an industrial park area. He said regardless of what was placed at the former school site, traffic would be an issue. Johnson said he would feel more comfortable if the intent of the developer were known. He said assisting the developmentally disabled was a noble cause, but living peaceably, paying taxes, and going about one's daily affairs was a noble occupation too. OTIO by Commissioner Johnson to deny the request. VOTING: Ayes — 4; Nays — 1 (Williams). Additional discussion then occurred, and the question was raised as to how long the owner would have to wait to make another rezoning request. Planning Supervisor Warren said the zoning ordinance stipulated, "No proposal to amend or change any conditional use permit shalt be considered within twelve (12) months of the date of the original authorization of such permit or within twelve (12) months of hearing of any previous proposal to amend or change any such permit." (Zoning Ordinance Section 17.5.) Commissioner Robertson asked if the applicant would be removed from the 12 -month window if the conditions were changed. Attorney Pope said no. Commissioner Johnson said the board's Rules of Procedure allowed anyone on the prevailing side of the vote to bring the matter up again. Planning Supervisor Warren said one other option would be for the owner to come back before the board and ask for a totally different zoning district, for example, community business, with a totally different set of conditions. Attorney Pope said he didn't think the owner had that option. He said that if the board was inclined to reconsider the request the following options were available: 1. Continue the matter until additional information was presented. 2. Further impose conditions on the property (with the applicant's consent), for example, no additional structures would be built, or no structures within 200 feet of the boundary, or only a certain access could be used, or any other conditions. OTIO by Commissioner Robertson to reconsider the action taken on Case No. 0510-3/1redell County Board of Education. VOTING: Ayes — 3; Nays — 2 (Norman and Johnson). OTIO by Commissioner Robertson to refer the case to the planning staff to consult with the applicant in regards to the preparation of more "stringent and more definite" conditions. VOTING: Ayes — 5; Nays — 0. Commissioner Johnson encouraged the parties on both sides to talk with the commissioners and share any concerns. He said the adjoining property owners needed to have some specific answers on how the property would be used. Commissioner Robertson said discussions between the adjoining property owners and the owner would be helpfiil. He said it was the intent of the commissioners to do something with the property and eliminate a vacant school building on Hwy. 70. Robertson said he felt the proposed usage was much better than a convenience store or something similar. He encouraged the residents to not leave the decision making to the staff, and to offer input Chairman Tice declared the meeting to be in a public hearing.