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was on the portion in Chapel Hill Township. He continued that he felt t12 <br /> he <br /> incorrect zoning was simply a case of the property being overlooked. <br /> In regard to the idea that the property should be non-conforming, <br /> Mr. Hageman noted the following: <br /> (1) According to his reading, EC-5 had to be applied to existing <br /> commercial properties not in an activity node; <br /> (2) Every existing commercial use along Highway 86 in 1981 except <br /> Autowerks was given a commercial classification; <br /> (3) If the intent was to make Autowerks a non-conforming use, why <br /> did it not appear on the May 14, 1981 memorandum from the <br /> Planning Staff to the Planning Board. <br /> Mr. Hageman requested that the Planning Board recommend to the <br /> Board of Commissioners to honor Autowerks rezoning request. This request <br /> is consistent with the comprehensive plan although the area is not <br /> identified as an activity node, since the plan clearly contemplated EC-5 <br /> classifications outside of activity nodes. They also believe that this <br /> rezoning would not, in any way be a violation of the comprehensive plan. <br /> He concluded that he felt the failure to grant the rezoning <br /> request for Autowerks would constitute spot zoning. <br /> Chuck Miller , co-owner of Autowerks, indicated the owner of the <br /> property would be willing to sell the portion of the property on which <br /> Autowerks is located if the rezoning request is approved. He indicated <br /> that the desire is to make improvements to the business with one (6, 000 to <br /> 7, 000 square ft. ) building in order to accommodate more than one <br /> automobile at the same time. <br /> THERE BEING NO FURTHER COMMENTS, THE PUBLIC HEARING WAS CLOSED. <br /> A motion was made by Commissioner Hartwell and seconded by Commissioner <br /> Carey to refer this item to the Planning Board for a recommendation to be <br /> considered by the Board of Commissioners on October 5, 1987. <br /> VOTE: UNANIMOUS. <br /> c. Chandler Concrete Company <br /> Planner Greg Szymik presented for the receipt of public comments a <br /> proposed rezoning request by Chandler Concrete Company. <br /> The property is located in western Cheeks Township on the south <br /> side of US 70 and on the north side of Southern Railwa <br /> parcel is approximately 860 feet east of the intersection of hFrazier3 Road <br /> (SR 1310) and US Highway 70. <br /> The Land Use Plan designation is Commercial-Industrial Ten-Year <br /> Transition. The current zoning of the property is Residential-1 with an <br /> overlay district of Protected Watershed II in the Seven Mile Creek <br /> Watershed. Adjacent land uses include the railroad, utilities and <br /> industry. <br /> The request has been made for rezoning to Community Commercial- <br /> III. <br /> The Planning Staff recommends against rezoning of the property <br /> from Residential-1 to Community Commercial-3. <br /> The property is located in a Protected Watershed II overlay <br /> district and is proposed for non-residential use. A planned development <br />