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Commissioners referred the case back to the Planning Board to consider new evidence. At the October 19, 1992 Planning Board meeting, they considered this new evidence. The Planning Board found that the new evidence added no more t'o that which had been heard before and recommended that the 200.35' x 200' lot be rezoned to EC-5 Existing Commercial. The applicant Wayne Combs stated that when he bought the property, he was told by his attorney that what he planned to do was okay. Barton Lloyd stated that the question is how many cars were stored on this property in 1981 when the Combs' purchased the property. According to aerial photographs there were no cars on this property. If there were cars stored around the ball diamond as indicated then he feels that may justify a rezoning for one-third acre only. He asked the Board of County Commissioners to be very specific in asking Mr. Martin where the cars were on this property in 1981. Kenny Martin spoke in support of this request. He stated that there were 30 cars stored on this property in 1981 around the ball diamond. Robert Smith, Attorney for Wayne and Brenda Combs, stated that the Planning Staff's opposition is solely based on photographs. There has been testimony from numerous witnesses who have made it very clear that cars have been stored on this property for sometime. He noted that the cars cannot be seen from the road or from other adjoining property owners. He asked the Board to approve this rezoning. Commissioner Halkiotis expressed a concern about contamination. Mr. Combs explained that all fluids are drained from the cars. Commissioner Gordon noted that there is no evidence to show that cars were stored on this property in 1981 and if there were cars stored there it would not necessarily constitute a business. Motion was made by Commissioner Insko, seconded by Commissioner Halkiotis to close the public hearing. VOTE: UNANIMOUS Motion was made by Commissioner Insko, seconded by Chair Carey to approve rezoning to EC-5 Existing Commercial the lot referenced that measures 200.35' x 200' based on the findings of the Planning Board as listed on page 5 of the agenda abstract. VOTE: AYES, 2; NOES, 3 (Commissioners Gordon, Halkiotis and Willhoit) Motion was made by Commissioner Willhoit, seconded by Commissioner Gordon to deny the rezoning request based on the conclusions on page 5 and supported by the eight (8) findings listed on pages 2, 3, and 4 of the agenda abstract. VOTE: AYES, 2; NOES, 3 (Commissioners Halkiotis, Insko and Carey) Motion was made by Commissioner Halkiotis, seconded by Commissioner Insko to reconsider this item based on the findings of the Planning Board. VOTE: AYES, 4; NOES, 1 (Commissioner Gordon) Motion was made by Commissioner Insko, seconded by Commissioner Halkiotis to approve rezoning the lot referenced that measures 200.35' x 200' to EC-5 Existing Commercial based on the findings of the Planning Board as listed on page 5 of the agenda abstract. VOTE: AYES, 3; NOES, 2 (Commissioners Gordon and Willhoit)