Orange County NC Website
56 <br /> expertise whereby a planned development is not necessary. He stated <br /> the company does not plan to have a salvage lot. He referred to two <br /> letters from the North Carolina Forestry Division in which they <br /> suggested that the lot be clearcut and that it be planted in loblolly <br /> pines. He indicated he had obtained 650 signatures from residents of <br /> the area asking that they be allowed to rezone and erect signs. If <br /> the road needs improved, he would pay for such improvements that are <br /> necessary. He stated his intended use for the property would include <br /> a cattle barn where sales would take place when the flea market is not <br /> open. He pledged cooperation with whatever needs to be done to obtain <br /> the rezoning. <br /> Planner Susan Smith explained that the current Buckhorn Road is <br /> at level of Service "C" which is a stable flow. It would be estimated <br /> that the road, if this property is rezoned, would be at the level of <br /> service "D" which is unstable flow. <br /> McClellion commented that the property is best suited as far as <br /> access from I-85. <br /> Planning Board member Sharlene Pilkey asked how much of the land <br /> perked and McMillion commented that most of the land does perk and <br /> that no problems exist with the septic system. <br /> Sharlene Pilkey made reference to the letter from the Health <br /> Department for upgrading the septic system. McMillion indicated he <br /> received no such letter. He understands that the Health Department <br /> would have the final say on the upgrading of the system that would be <br /> needed. <br /> Sharlene Pilkey asked if the water line to the property is also <br /> one inch on Buckhorn Road and McMillion indicated the flea market is <br /> served by a well. There is a six-inch line immediately across the <br /> Interstate. He would run a 12-inch line in order to utilize a <br /> sprinkler system. <br /> Commissioner Marshall questioned the 12-inch water line being <br /> brought into an area which does not have sewer and does not perk very <br /> well. McMillion indicated the water would be reserved in case of a <br /> fire. <br /> Commissioner Marshall indicated that with a planned development, <br /> a stipulation could be attached that would require a 12-inch water <br /> line and stipulate its use. A planned development brings into a legal <br /> aspect those things that are verbally promised. <br /> Sharlene Pilkey asked why the trees were removed and McMillion <br /> explained that the trees were Virginia Pines and the forester <br /> suggested that another type of pine be planted. The forester at <br /> University of North Carolina suggested they clearcut what was <br /> originally there and plant another kind. <br /> Commissioner Marshall emphasized it was the responsibility of the <br /> owners of the property to know what the Ordinance requires as far as <br /> regulations in the MTC. The recommendation of the forester does not <br /> supercede the Zoning Ordinance. <br /> McMillion stated he felt he had a legal right to clearcut the <br /> property. If he did violate the law he did it not knowing what the <br /> law was. <br /> Commissioner Walker noted that the land is classified as forest <br /> land and was not zoned at the time the development was built. He <br /> suggested that the rezoning request be considered as a separate item <br /> and not penalize McMillion for whatever happened before Cheeks was <br /> zoned. <br /> Susan Smith indicated that the previous rezoning request from <br />