LEGISLATIVE RESEARCH CENTER
File #: 17-2355    Version:
Type: Resolution Status: Passed
File created: 9/29/2017 In control: Planning
On agenda: 12/18/2017 Final action: 12/18/2017
Title: Vote on a request by Russ Anderson for a general use rezoning of Parcel 92203 located at 414 New Elam Church Road, from R-1 Residential to IL Industrial Light on approximately 10 acres, Cape Fear Township.
Attachments: 1. More Information from Planning Department Website
TITLE
Vote on a request by Russ Anderson for a general use rezoning of Parcel 92203 located at 414 New Elam Church Road, from R-1 Residential to IL Industrial Light on approximately 10 acres, Cape Fear Township.
ABSTRACT
Action Requested:
Vote on a request by Russ Anderson for a general use rezoning of Parcel 92203 located at 414 New Elam Church Road, from R-1 Residential to IL Industrial Light on approximately 10 acres, Cape Fear Township.
Introduction & Background:
A legislative public hearing was held on October 16, 2017. Planning staff and the applicant presented to the boards. The applicant stated that he wanted to use approximately 4 acres initially and expand to other uses allowed in the Light Industrial district in the future. One neighbor spoke requesting setbacks and landscaping be enforced and ensure that the area stays quiet. No other concerns were presented.

The Planning Board reviewed the request on November 7, 2017. Mr. Anderson was also present and made additional comments to the board based on their concerns about a general rezoning request.

Some of the concerns noted from board members included not being comfortable considering a rezoning without a proposed site plan to review, the number of uses allowed as "P" Permitted within the Table of Permitted Uses in Section 10.13 of the Zoning Ordinance, the need for future restrooms for some uses, drainage from the site into potential headwater on the adjacent tract, and this is the first non-residential zoning on the north side of US 1 in that area.

Other board members, as well as planning staff, stated the Table of Permitted Uses was amended earlier in 2017 after months of review by the Commissioners and Planning Board. The amendment converted an additional 37 uses in industrial districts from permitted by right to a conditional use permit in order to allow additional review of the uses. Those uses listed as "P" Permitted would be required to follow all the ordinance and regulations currently ado...

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