1/11/10 Planning & Zoning Commission Minutes
The Gordon County Planning & Zoning Commission held a Public Hearing on Monday, January 11, 2010 at 7:00 p.m. in the Conference Room of the Gordon County Administration Building for the purpose of hearing variance and zoning change requests.
Chairman Talley called the meeting to order and advised all present of the sign-up sheets available for those who wish to address the Planning Commission on any of the zoning or variance change applications.
APPROVAL OF MINUTES
A motion was made by Ricky Smith to approve the minutes of the previous meeting of October 12, 2009. Randy Rule seconded the motion. All voted aye. The minutes were approved as written.
- REZONING APPLICATION #Z09-03, KRISTY BEASLEY
Chairman Talley read rezoning application #Z09-03, Kristy Beasley requesting to rezone 1.04 acres located at 1308 Newtown Church Road from A-1 to R-1, for the purpose of replacing the existing mobile home with a modular home, and also increasing the property size from .75 acres to 1.042 acres. Richard and Kristy Beasley represented their request explaining that this was Ms. Beasley’s dad’s property that they were obtaining the additional .292 acres from. The existing mobile home was to be purchased and moved off by a couple in North Carolina. Chairman Talley asks the applicant if they had posted the notification of rezoning signs on the property and they answered that they had. Mr. Beasley stated that the modular home would be 3 bedrooms, 2 baths, have a front porch, and a 2-car garage. Commission members asked such questions as why they were increasing the lot size and the reason was to meet the set-back requirements. All adjoining property owners had been notified. Paige Hatley, with MACTEC acting as the Planning Consultant for Gordon County recommended that the rezoning request #Z09-03, be approved with the following condition: The applicant shall provide evidence that the proposed subdivision will not make the parent tract non-conforming. If the proposed subdivision will result in a nonconformity related to lot size, it will be necessary to submit an application to rezone the parent tract to a more suitable zoning classification. Ricky Smith made the motion to approve the rezoning request #Z09-03 from A-1 to R-1 without the condition recommended by MACTEC. The motion dies with the lack of a second. Brad Rains made the motion to approve the rezoning request with the condition that the remaining 4.3 acres that is the property of Ms. Beasley dad be rezoned to RA-1 or that her dad’s 4.3 acres be combined with his other tract of land to bring it into compliance. Randy Rule seconded the motion. Ron Free voted with the motion. Ricky Smith abstained from the vote. The vote was 3-1 to approve. The recommendation for approval was sent to the Board of Commissioners.
- REZONING APPLICATION #Z09-04, RICHARD D. SPIVA
Chairman Talley read rezoning application #Z09-04, Richard D. Spiva requesting to rezone 2 acres located at 695 Riverbend Road, Plainville from R-6 to RA-1, for the purpose of building a home instead of placing a mobile home on the property. Richard Spiva represented the request explaining that he had rezoned the property in 2000 for a mobile home but had never placed one on the property and has now decided to just build a new home. Chairman Talley asks the applicant if he had posted the notification of rezoning sign on the property and he answered that he had. Brad Rains asks Mr. Spiva if his deed gives him the use of the easement to this 2 acre tract and he stated that the easement goes through another tract of land that he owns. All adjoining property owners had been notified. Paige Hatley, with MACTEC acting as the Planning Consultant for Gordon County recommended that the rezoning request #Z09-04, be approved with the following condition: An application for a variance for the public road frontage requirements of Section 4.01.01 of the Gordon County Unified Land Development Code must be approved by the Gordon County Planning Commission. Ricky Smith made the motion to approve the rezoning request #Z09-04 from R-6 to RA-1 with the condition recommended by MACTEC. Ron Free seconded the motion. All voted aye. The recommendation for approval was sent to the Board of Commissioners.
- REZONING APPLICATION #Z09-05, LARRY MULKEY & GARLAND COOK
Chairman Talley read rezoning application #Z09-05, Larry Mulkey and Garland Cook requesting to rezone .55 acres located at 1405 Highway 41, North from A-1 to C-G, to bring into compliance the existing business with the property also having a rental duplex that they would like to continuing to rent until the tenants move out. Larry Mulkey represented the request explaining that he and Mr. Cook had been operating their ice crème, snow cone, and Italian Ice business at this location and the duplex had been rental property since they had bought the property in 2007. The Gordon County Ordinance Officer had put a stop operating on their business until they acquired a business license. When they had tried to get the business license, they were told that the property was not in compliance with Gordon County Codes and that they would need to have the property rezoned. Chairman Talley asks the applicant if they had posted the notification of rezoning signs on the property and Mr. Mulkey answered that they had. All adjoining property owners had been notified. Several factors were discussed by Planning Commission members, Ursula Desrosier Planning Administrator, Paige Hatley with MACTEC, and Mr. Mulkey such as lot area and size, use, setback, and buffer requirements. Paige Hatley, with MACTEC acting as the Planning Consultant for Gordon County, recommended that the rezoning request #Z09-05 be denied. MACTEC further recommends the compliance issues noted in the staff report be addressed so that the property can be properly organized and rezoned to a commercial classification consistent with its use. Ricky Smith made the motion to table the rezoning request #Z09-05 until the next meeting to give the applicants the opportunity to explore the suggestions and recommendations noted in the MACTEC staff report. Ron Free seconded the motion. All voted aye. The application for rezoning request #Z09-05 was tabled until the next meeting.
- REZONING APPLICATION #Z09-06, SHAWN PROCTOR & JACK PROCTOR
Chairman Talley read rezoning application #Z09-06, Shawn Proctor and Jack L. Proctor requesting to rezone 5.692 acres located at the corner of Highway 53 East and Foster Lusk Road from A-1 to C-H, for the purpose of relocating their business “Proctor’s Garage and Wrecker Service”. Terry Brumlow, a local attorney represented their request explaining that the Proctor’s would like to construct a large shop on this property because they have outgrown their existing location. Jack Proctor has been in this business for 54 years and now his son is continuing in the business and they would like the business to be near their home. The garage mainly does specialty repairs and the wrecker is only used to tow in the vehicles that they are repairing. They are not a wrecker service for hire. Commission member Ron Free had concerns with pollution from run-off and the Proctor’s explained that they had a company that picked up all the old oil, anti-freeze, etc. for recycling. Randy Rule was concerned with what could become of this property in the future if the property became commercial. Chairman Talley asks the applicant if they had posted the notification of rezoning signs on the property and they answered that they had. All adjoining property owners had been notified. Paige Hatley, with MACTEC acting as the Planning Consultant for Gordon County recommended that the rezoning request #Z09-06, be denied as it is inconsistent with nearby land uses, which include agricultural and low-density residential uses. Ron Free made the motion to approve the rezoning request #Z09-06 from A-1 to C-H. Ricky Smith seconded the motion. Randy Rule and Brad Rains were opposed to the motion to approve. The vote was 2-2 to approve. Chairman Talley voted against the motion. The recommendation for denial was sent to the Board of Commissioners.
ADDITIONAL BUSINESS
Chairman Talley opened the floor for nominations for the 2010 Chairman and Vice-Chairman of the Planning Commission. Ron Free made the motion to leave Brant Talley as Chairman and Brad Rains as Vice-Chairman. Randy Rule seconded the motion. All voted aye. Brant Talley will remain Chairman and Brad Rains will remain Vice-Chairman.
Paige Hatley, with MACTEC acting as the Planning Consultant for Gordon County, commented that she was looking for input from the Planning Commission on possible things that should be changed or tweaked in the ULDC.
There being no additional business, Ron Free made the motion to adjourn. Brad Rains seconded the motion. All voted aye. The meeting was adjourned at 9:00 p.m.
