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i~ <br />1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />29 <br />30 <br />Sue Browning lives across the road from the applicant. She said that she was not aware <br />that there was ever a rezoning for an EC section of 46,000 square feet. She said that the <br />existing business is at the front, which is zoned AR. She said that this is a business in the <br />middle of a residential section, and she never understood how this happened. <br />Michael Harvey said that the landscaping operation began prior to the adoption of the <br />comprehensive zoning of the Cedar Grove Township. In effect, the property was "unzoned." <br />The County created the EC-5 zoning designation in townships where initial zoning was taking <br />place in an effort to ensure that legal operations would not be made non-conforming during <br />initial zoning. Regarding why the business cannot be moved, he said that the business is where <br />it is and the EC-5 designation should have been located at the front portion of the property. If it <br />were moved it would create additional problems and an access issue. The cleanest way to fix <br />this problem is the recommendation. <br />Richard Browning said that before the Helgevold's came to this property, there was not a <br />business there. Michael Harvey explained the process again. <br />Richard Browning said that there is a huge pile of mulch there most of the time. He does <br />not see how the business was allowed to begin with because there has never been a business <br />there. <br />Kathryn Browning lives more than 500 feet away from the property and she can hear the <br />noise from the business and the heavy loading equipment. She asked about future traffic flow <br />as far as expansion of this with the rezoning. <br />Michael Harvey said that the County has an existing noise ordinance enforced by the <br />Sheriffs Department. Regarding expansion, once the area is rezoned, it will be limited to this <br />portion of the property. There is a prohibition on expansion of existing EC-5. <br />A motion was made by Commissioner Nelson, seconded by Commissioner Jacobs to <br />refer the matter to the Planning Board with a request that a recommendation be returned to the <br />County Board of Commissioners in time for the May 19, 200 BOCC meeting, and adjourn the <br />public hearing until May 19, 2009 in order to receive and accept the Planning Board's <br />recommendation and any submitted written comments. <br />VOTE: UNANIMOUS <br />