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HomeMy WebLinkAboutC.054.93008_0836 (2)391 benefit from. I think the location is good. I think it is very important that that location be on the East side of that peninsula rather than on the West side. The East side is the one that you related to, the interstate, has the exposure there. It also has quite a bit of built-in protection from ether lands in the area. So I think that it is important that it does be on the East side rather than on the West side. So I do net have those concerns with the plan as far as the overall proposal is concerned. But -+ghat I do have, as Mr. Kennerly has already alluded to vaguely, I do have problems as a planner to the uncertain future of the use of this property. Thirty-one acres is a large parcel of land, particularly land that is situated as this is. If you look at, as you already heard and Mr. Boyer has referred to, some of the uses that are permitted in the highway/business district, I would even find some potential concern about the use under which the Robert E. Lee would have to come. That particular (not clear) . . . allowed under highway/business is bowling alleys, skating rinks, baseball and golf driving ranges, miniature and (not clear) golf course, mechanical rides, riding stables, go-cart tracks, and other commercial recreation facilities. Other commerical recreation facilities is a broad category, so if all this property would be zoned to highway/business district, there are a lot of protential uses that I see there that could cause some problems, not only to Snyco's propeprties, but to the area as a whole, and to the image and to the vitality that is being generated in this area around the lake. I think we are all justifiably proud of some of the things that are happening around ,.. the lake, some of which we are not as proud of as others. But it is a viable area, and it does deserve some protection. That problem that I would see also is not just the use that could be locateded there, but it deals also a little bit with the design of that use. There arc some uses that perhaps given proper site planning, proper type of initiation as far as desirable features of planning for the site itself and for the facility itself, could be very beneficial. But the same use, if not carefully located on the grounds, could also be a nuisance and some problem to the area. As I have already indicated, the uses that are allowed under the highway/busiess are many and varied. Finally I would have two suggestions for you, as a planner and as a consultant to Synco in evaluating this area for them and also from my long standing as a party involved in land use matters in this general area. The first suggestion obviously would be to zone only the small portion of land that has been requested for the specific use, to which we would express no opposition. That is one possibility. The other possibility is one which I would like to point out to you. As you are very well aware, your own ordinance does contain obviously the opportunity to control the use of land through a conditional use district approach. Let me, if I may, if you will indulge me for a second, tet me read to you from the purpose of that district. It says, "The purpose of this section is to provide a volunteer or alternative procedure for the rezoning of property for a specific use. There are instances where a general, that is a conventional zoning district designation, is clearly inappropriate for a certain property, but a specific use subject to restrictive condition wuld be consistent with the spirit and objecti,,es of this ordinance. Furthermore some land uses have a particular impact on the surrounding area that cannot be -- predetermined and controlled by general regulations. In order to insure that these uses and the proposal (not clear) would be compatible with the surrounding dely^lopment (not clear, reading from the county's zoning ordinance) . . . . So I would submit to you that that would also be a possibility for application here. If we have a little more certainty, a little more knowledge, of what was going in there, it might be perfectly okay. But as it is, I see it as something wide open and very much subject to misuse and even abuse in certain circumstances. So I would say to you that on behalf of my client, we would say rezone, yes, perhaps, but void in some method the uncertainty and the potential imcompatability of some of the uses that could go on that property. TALLEY: Mr. Chairman and members of the board. My name is Jim Talley, and I am a lawyer in Charlotte. My firm has been general cunsel to Snyco since its incpetion in 1971 and the Lake Norman Company since its inception in 1976 or 77. 0