ORD-2009-016-Planning Zoning Atlas Amendment (Rezoning) 214 Phelps Road -

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-. b. Rezone a 46,500 square foot portion of property, currently utilized to support a commercial landscaping operation, from AR to EC-5 3. Refer the matter to the Planning Board with a request that a recommendation be returned to the County Board of Commissioners in time for the May 19, 2009 BOCC meeting, and 4. Adjourn the public hearing until May 19, 2009 in order to receive and accept the Planning Board's recommendation and any submitted written comments. PUBLIC COMMENT: Charles Helgevold said that he moved to this property in 1990, started the business, and found out that Cedar Grove was going to be zoned. He was available to answer questions. Kim Callemyn said that she has been doing survey work for the Helgevold's, and she is happy for the cooperation of the County. She was available to answer questions. Sue Browning lives across the road from the applicant. She said that she was not aware that there was ever a rezoning for an EC section of 46,000 square feet. She said that the existing business is at the front, which is zoned AR. She said that this is a business in the middle of a residential section, and she never understood how this happened. Michael Harvey said that the landscaping operation began prior to the adoption of the comprehensive zoning of the Cedar Grove Township. In effect, the property was "unzoned." The County created the EC-5 zoning designation in townships where initial zoning was taking place in an effort to ensure that legal operations would not be made non-conforming during initial zoning. Regarding why the business cannot be moved, he said that the business is where it is and the EC-5 designation should have been located at the front portion of the property. If it were moved it would create additional problems and an access issue. The cleanest way to fix this problem is the recommendation. Richard Browning said that before the Helgevold's came to this property, there was not a business there. Michael Harvey explained the process again. Richard Browning said that there is a huge pile of mulch there most of the time. He does not see how the business was allowed to begin with because there has never been a business there. Kathryn Browning lives more than 500 feet away from the property and she can hear the noise from the business and the heavy loading equipment. She asked about future traffic flow as far as expansion of this with the rezoning. Michael Harvey said that the County has an existing noise ordinance enforced by the Sheriff's Department. Regarding expansion, once the area is rezoned, it will be limited to this portion of the property. There is a prohibition on expansion of existing EC-5. A motion was made by Commissioner Nelson, seconded by Commissioner Jacobs to refer the matter to the Planning Board with a request that a recommendation be returned to the County Board of Commissioners in time for the May 19, 200 BOCC meeting, and adjourn the public hearing until May 19, 2009 in order to receive and accept the Planning Board's recommendation and any submitted written comments. VOTE: UNANIMOUS 4. Zoning Ordinance Amendment: To receive public comment on proposed amendments to Article 6 of the Zoning Ordinance to establish regulations for drive-thru facilities.