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HomeMy WebLinkAboutC.054.93008_1115GSA] Vice Chairman Mills inquired if there were any others who wished to speak in favor of the rezoning. There were no others to speak. Vice Chairman Mills opened the floor to those in opposition to the rezoning. Mr. Mike Southerland asked a question about negotiating the turn off Mt. Herman Road down onto Beulah Church Road, which comes to a dead end and makes sharp turns and enters on a curve. He said it seemed that it would be extremely difficult for a longer tractor -trailer rig to negotiate. He said it seems that the most viable way would be to have the road regraded, which would be very expensive on the State, and he doubted if the State would ever do this. Mr. Miller answered Mr. Southerland's question in reference to driving a tractor -trailer with a P6 Bulldozer on it. He said on any two-lane road with a tractor -trailer, there is no way to make a turn without crossing the center line. He made reference to driving in Charlotte in alleys, etc., where he said it is necessary to take both lanes. Mrs. Evaline Fulbright said she believed the board is being misled because of the statement of three access roads to the property. She said Fame's road is a private road and has a sign that says "no through traffic." Mr. Cannon said he was talking about three public roads, not a private road. Mrs. Fulbright said Mr. Deal's business is not located on Mt. Herman Church Road. Mrs. Fulbright said she was opposed to any additional business being put in the community because it lowers the value of their residential property, and they would like to see it stay residential. Mr. Troy Cash said he used to drive a truck for a living, pulling house trailers. He said there was no way you can come out of Beulah Church Road without crossing the center line into the blind curve. He said there was an S turn, and a tractor -trailer had to take both lanes. This road was not built for heavy traffic, Mr. Cash said. It is a country road with tar and gravel and does not have 9" base and 4" concrete. Mr. Cash said they were being led to believe they were going to have a small shop built there. Sixty acres are not needed to build a small shop, he said. He believes there is already an intended use for it. He believes that businesses will depreciate the value of the neighbors' land. It will deter anybody else from building a home there. He thinks there will be a decline of the community. The zone change is about 100' to 125' from Mr. Cash's house. Mr. Glen Rimmer, resident of Mt. Herman Church Road. Basically without going through the whole thing again, there is a traffic problem, a water problem, and a hazardous driving problem with large trucks. He said it is congested enough. The curves are difficult enough with a car. He also said there was a noise problem already with the businesses there. Walking for exercise on the road would be difficult with additional heavy traffic on the road. Mr. Cannon requested that the board look at the General Business usages. lie thinks Mr. Ost- walt's rezoning would support the useages already in the area. There cannot be anything like Fame or Zimmer or large plants with a lot of noise. There are not going to be that many trucks going into or out of businesses listed under General Business. He said he would not characterize this neighborhood as a residential neighborhood; he believes that the area is a mixed neighborhood. There is some heavy industrial development up and down I-40, and his request does not rise to the level of Fame Plastic or Zimmer. It is basically to have the ability to support business of this type. He envisions no noise. They have they own water with a well in place. There are three ways of access into the property. Mr. Cannon asked that the board take all this into consideration. Commissioner Stewart asked for a show of hands in opposition to the rezoning. Thirteen persons raised hands in opposition; six people raised hands in favor of the rezoning. An unidentified person said Mr. Cannon referred to the area as not being a residential area. He said Mt. Herman Church Road is approximately 1/2 mile long, and there are eleven homes in the neighborhood. Vice Chairman Mills said the board would hear five rezoning applications; at the end of the hearing, the board would return to regular session and make decisions on all five of the cases. JOHN R. KINDLEY, HERON POINT: Mr. Lundy said that Mr. Kindley owns a lot located on Heron Point in Heronwood Subdivision. The request was received from Mr. Kindley and reviewed by the planning board. Mr. Kindley is requesting an upgrade in zoning; however, it will have an effect on an already approved PRD. Mr. Lundy said his concern is that positive action toward this rezoning request will create a major change to an already approved PRD. He does not believe the board is in a position to make that change without going through the procedural hearing that is required for a major change in a PRD. The planning board has recommended denial of the request for rezoning from PRD to R-20. Vice Chairman Mills inquired about the other individual lots on the point and discussed the opinion of the staff of the board not making a change without going through a procedural hearing. A discussion took place on what constitutes a minor modification and that the other party involved has not made any move to go along with Mr. Kindley's request. Mr. Lundy believes because Heronwood has not jointly made a request for this rezoning, it becomes a major modification that , cannot be done without a procedural hearing to consider Mr. Kindley's rezoning request.