Village of Misenheimer Planning Board

Zoning Map Change Hearing

November 11, 2010, 7:00PM

Present:     Amanda Barringer, Chairman

                    Donnie Day, Vice-Chairman

                    Ahren Burrage

                    Nancy Henderson

                   Tracey Wyrick, Zoning officer

Absent:      Joel Rogers

Zoning Change Applicant:    Connie Porter and Rick

Property Owners: Richard and Kathy Gentry

The Chairman called the meeting to order and declared a quorum.  The Chairman requested a motion to go into Public Hearing. Day made the motion which was seconded by Burrage. The motion passed unanimously. All present were asked to introduce themselves.

The Chairman asked for a motion to approve the agenda. Day moved the approval of the agenda which was seconded by Henderson; the motion passed with all in favor.

The minutes from the June 2, 2009 and the June 14, 2010 meetings were presented. Day moved the approval of both sets of minutes. The motion was seconded by Henderson and passed 4/0.

The Chairman opened the Zoning Map Change Hearing and asked Zoning Officer, Tracey Wyrick to present the application. He stated that Connie Porter had requested a change from RA to HB on the 2.246 acres of land listed on the tax map as parcel number 661303447255 and described in Deed Book 1339, Page 928. He then requested Ms. Porter to state her reasons for requesting the change and to explain the nature of her business.

Ms. Porter read a prepared statement which indicated she had been a successful business owner of Sunseeker Tanning in Rockwell, NC and further stated she planned to open a Tanning Salon in Misenheimer and would operate four or five tanning beds. She presented lists of Pfeiffer students who supported her business venture. She pledged to meet all codes necessary to open the business.

The Planning Board then asked Ms. Porter specific questions about the nature of her business. She was asked how many customers she would have at one time and she said that was usually limited to the number of tanning beds. She was asked about parking and she said she hoped to use the current parking area. It was explained that DOT issued driveway permits and that they might dictate a different parking area. Some concern was raised about the safety of the entrance. She was asked about signs and she indicated her current sign is a 8’ by 10’ white painted sign and implied she hoped to use it. She mentioned she had a meeting Nov. 16 with different individuals involved in code enforcement (Fire Marshall, Building Inspector, etc.)

Neighbors Richard and Kathy Gentry were given the opportunity to speak. Their primary concern was safety and stated that several accidents had happened at that intersection of Glenmore and US 52. They felt that the proposed sign would limit visibility and could cause additional safety issues. It was explained that DOT controlled line of site issues along state maintained highways. They were also concerned about would happen to the property if the business was not successful.

The Planning Board then began deliberation. They discussed the HB option and other more restrictive options, GB, CB and I-U. Since the property is so close to neighborhood homes, there was a sense that a more restrictive zoning might be appropriate. Discussion focused on zoning the property I-U rather than the requested HB.

The Chairman asked for a recommendation that either accepted the requested zoning change, or modified the requested change or rejected the requested change. Day made a motion to modify the Zoning Map Change request from HB to I-U and asked that the Board accept the modified request. The motion was seconded by Burrage and the motion passed with all in favor. Day then made a motion that the Planning Board present a statement to the Village Council that the decision is justified because it follows Land Use Planning Principle 3 (business is focused along the highway corridor) and because it is consistent with other Land Use Planning Principles. The motion was seconded by Henderson and passed with all in favor.

Day moved that the Board go out of Public Hearing and the motion was seconded by Henderson. The motion passed without dissent. Day then moved the meeting adjourn. The motion was seconded by Henderson and passed unanimously.



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