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Planning Director Craig Benedict said that in 1999 there was a re-zoning in this area that asked to exceed the five-acre limit and was turned down because there was no evidence in the change of conditions related to density. In 1999, it was discussed that the Comprehensive Plan would be updated in the coming years, and one of the first activities is to analyze the activity nodes that were developed in 1991 and find out the conditions that have changed. This needs to be reanalyzed. Chair Jacobs asked if there was a current septic problem and it was answered no. He said that he was confused about what was stated about modifications to NC 54. The information states that modifications "will be" made. Michael Harvey said that the information in the abstract is based on the application, which states that the improvements are pending. Steve Yuhasz said that when he started on this project in 2007, the plans had been published and were pending, but now they are completed. Chair Jacobs clarified that part of the original contention was the changes might have certain consequences, and now the applicant is saying that the changes have taken place and they did have consequences. Chair Jacobs said that the Board did talk about reexamining the rural activity nodes because they were too restrictive. He said that he would like to see some discussion of whether the circumstances have changed sufficiently that there needs to be an immediate fix, or whether as part of reevaluating the way in which activity nodes are going to cast, that the concerns that the applicant has could be addressed by the Land Use Plan implementation process. Steve Yuhasz said that, with respect to delay, the last rezoning was brought up in 1996 and the application was withdrawn pending a small area plan, which did not materialize. However, there is not an immediate need to approve this rezoning. He emphasized that it should move a little more quickly than the last suggestion that there be a small area plan. Vernon Davis said that the building was a 40's building and was a Masonic lodge. The bottom part was rented to a grocery store. During the time in 1940, DOT bought the right-of-way two different times and the building has already been moved one time. He said that it seems as if he is asking for an acre of commercial zoning, but he only wants a little more that the road took up so that he can conform to all of the County's standards. If he gets this approval, he will be legal on all points. His septic system has never failed. A motion was made by Commissioner Nelson, seconded by Commissioner Foushee to receive the rezoning petition; refer the matter to the Planning Board for a recommendation to be returned to the Board of Commissioners no later than January 8, 2009; and adjourn the public hearing until February 3, 2009 in order to receive and accept the Planning Board's recommendation. VOTE: UNANIMOUS 5. REZONING of several properties along Old NC Highway 86 from Economic Development— Limited Office One(ED-LO-1)to Economic Development Linear Officer(ED-LNR). Planner Robert Davis made this presentation and gave some background. The district before the changes allowed all types of uses to go on all of the land. Staff created land uses that would be more specific to the quadrants. This item is to revisit the implementation of the land use ED-LO-1 that was written in 2003. This should open up the potential properties for potential uses. He gave specifics on what could be included in this designation. Staff is recommending approval, sending it back to the Planning Board for a recommendation, and that it come back at the second meeting in February. S:\Minutes\20091124QPH.doc