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Minutes - 19990222
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Minutes - 19990222
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BOCC
Date
2/22/1999
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Minutes
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Agenda - 02-22-1999
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\Board of County Commissioners\BOCC Agendas\1990's\1999\Agenda - 02-22-1999
Agenda - 02-22-1999 - 1a
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\Board of County Commissioners\BOCC Agendas\1990's\1999\Agenda - 02-22-1999
Agenda - 02-22-1999 - 1c
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\Board of County Commissioners\BOCC Agendas\1990's\1999\Agenda - 02-22-1999
Agenda - 02-22-1999 - d1b
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\Board of County Commissioners\BOCC Agendas\1990's\1999\Agenda - 02-22-1999
Agenda - 02-22-1999 - d2a
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Agenda - 02-22-1999 - d2b
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Agenda - 02-22-1999 - handout
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map. However, she did agree with those who spoke previously in that she does not understand why <br />it would be necessary to rezone 4 acres. She feels that it could be beneficial to have additional <br />services in that area. However, she objects to the LC-1 rezoning. Her first objection is that it is too <br />close to her property. Secondly, it would destroy a flood plan which is part of the Haw River <br />watershed as well as a creek that appears on the US Geological Survey Map. Her property is <br />surrounded by the Haw River Watershed where only a small percentage of the land can be used for <br />building which was a major factor in her decision to buy her property. The LC-1 zone, if enacted, will <br />be 350 feet from her property and will be partly within the watershed zone. The northern half of her <br />property and the southern half of Mr. Lieth's property are flooded from September to May, and for a <br />short time after the summer rains. The two creeks on the map constantly flood and change course. At <br />the present time they actually join on Mr. Lieth's property, not on hers. There are many other creeks <br />feeding in, some larger than the ones shown on the map. These creeks constantly dam themselves <br />with leaves and sticks. More water actually enters the ground system then moves through the creek <br />on Hwy 54. This winter has not been typical. The area was unusually dry last Tuesday but after 1/2 <br />inch of rain on Wednesday there was approximately 12 inches of water in most of the flood plain. <br />This flood plain is critical to the aquifers in the area and the wells. Any interference with this flood <br />plain will cause local wells to go dry. Another function of the floodplain is to prevent runoff from <br />entering major watercourses at the same time. Interference with this floodplain and/or the creek could <br />cause major flooding further down stream. She mentioned that the narrower LC-1 area along the <br />creek is a very deep bowl. The area begins to widen at the point that the LC-2 designation begins <br />and there is a large slope down to the creek on three sides. The area which slopes down from the <br />highway on the LC-2 property is also considerable. She cannot imagine a desirable LC-1 use for this <br />property that would also keep the creek in its natural condition. Even if Mr. Lieth has in mind a LC-1 <br />use that would keep the floodplain and creek intact she would still be concerned that this rezoning <br />could allow it to be used for any other LC-1 usage in the future. Gradually it could be degraded by <br />future owners. She also mentioned that there are deep holes on this property that should not be filled <br />in order to maintain the natural state of the floodplain. She asked the Board of Commissioners to <br />consider making the entire area along the creek up to Hwy 54 part of the Haw River Watershed so <br />that a buffer along the creek can be required. <br />Mr. Vernon Davis, a local resident, stated that he was not speaking for or against this <br />proposal, but rather wanted to present several facts for the record. He mentioned that an earlier <br />request to rezone this area Agricultural Services (AS) was withdrawn. He stated that the need for <br />additional commercial zoning in this area exists. The existing businesses in the area are thriving to <br />the extent that you have to wait in line to be served at many times during the day. He is concerned <br />about the application for this rezoning. He requested a rezoning in the past which was denied <br />because there was no acreage available. There have been no amendments to the Land Use Plan <br />which would create more acreage. He feels there is a need for additional commercial development. <br />He also expressed concern about traffic on Highway 54. If additional commercial development is <br />allowed he felt that the traffic problems on Highway 54 need to be addressed. He mentioned that this <br />particular parcel on which rezoning is being requested was deemed unsuitable for a septic system <br />and would need an alternative system. He stated that if additional acreage were made available, he <br />would like to have an opportunity to reapply to have his property rezoned. He is currently losing a <br />tenant because of lack of space for that business to expand. <br />COMMENTS FROM THE APPLICANT: <br />Mr. Armin Lieth thanked the community members who have spoken both in favor of and in <br />opposition to this rezoning request. He felt that it was good for the community to be involved even <br />when there was disagreement. He stated that he is a member of the Bingham TAC and was a <br />member of the Small Area Work Group. His participation in the Small Area Work Group was the <br />source of his comments regarding the community's desire to have additional commercial <br />Q:119990221d.c
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