Minutes 02-28-2011 - Laserfiche WebLink

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Rural Neighborhood Activity Node Commercial Industrial Transition Activity Node Zoning Officer Analysis: Text amendments and rezoning petitions are reviewed under a legislative decision making process (i.e. no required findings of fact) Amendment appears inconsistent with the intent of the NC-2 district as the use has a broader market area than currently envisioned Amendment would allow for a land use that is inconsistent with several nodes/land use categories where the NC-2 district is allowed Zoning Officer Analysis (continued): Amendment creates potential enforcement problem by requiring staff to constantly inspect property to ensure no more than 12 cars are present Staff recommends denial of petition due to the aforementioned reasons There are potential conditions that could be imposed on the adoption of the amendment that would address the majority of staff's concerns Staff Recommendations: Receive the zoning text amendment petition, Conduct the Public Hearing and accept public comment(s) on the petition, 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 June 21, 2011 BOCC regular meeting, and Adjourn the public hearing until June 21, 2011 in order to receive the Planning Board's recommendation and any submitted written comments. Ben Lloyd said that late today some changes were made to the recommendations and he approves of the new amendment. He said that the property in question was purchased in 1958. In 1960, he built a building that has always been used as automotive repair. In 2010, he had several offers from people to rent this property for automotive repair. He said that he is very particular about what goes on there and he was not impressed by the people that had approached him that wanted to rent the building. He does not want vehicles sitting around the property. In the fall of 2010, someone else approached him that wanted to lease this property who is an elderly car dealer. He rented his property to this gentleman and everything was fine until he went to the County office to get his permit. He was told that auto sales were not allowed on the property. He said that this property has always been used for automotive repair, but it is much more acceptable to him and the community to have automobile sales. He said that the building has been vacant long enough and must produce an income. This is the most acceptable use that he has found for it. He read his petition that was signed by every adjoining property owner. "To Whom It May Concem: Re: Text Amendment change on Ben Lloyd commercial property at 3228 US 70 W, Efland, NC. We, the undersigned owners or controllers of property adjoining the Ben Lloyd property at 3228 US 70 W in Efland do hereby offer no objection to and support the text amendment change to allow automobile sales on this property as is being requested. We feel that the service provided by this business would be very beneficial to the residents of our community." PUBLIC COMMENT: