AG 2000 07 24 - Laserfiche WebLink

Home Browse Search

480 DRAFT Chairman Fennel opened the public hearing on Petition C00-06(R). The Public Hearing Notice was published in TEE CHarLOTTE OBSERVER (Cabarrus Neighbors) on June ll and June 15, 2000. Since this was a Special Use Rezoning, Mr. Hartsell and the Cierk affirmed those persons who indicated they wished to address the Board during the public hearing~ Prior to addressing the Board, each speaker acknowledged that he/she had been previously sworn or affirmed. Mr. Jonathan Marshall, Planning Services Director, presented the staff report concerning Petition C00-06(R). The property located off Highway 24-27 in the Midland area is currently zoned Limited Commercial (LC) along the frontage and Low Density Residential to the rear of the property. The petitioner, David Bigford of Bigford Enterprises, wishes to rezone the property to Limited Commercial (Special Use) for the purpose of developing multi-family housing as well as related commercial uses along NC 24/27. The property consists of approximately 8.65 acres in a currently mixed use area. Sewer service is available to the crossroads area as well as public water service. The developer has proposed to eliminate a number of the uses allowed in a Limited Commercial zone and to limit future uses of the property. The following list of proposed limited uses for the Limited Commercial Special Use rezoning was included in the Agenda package: FRONT PARCEL - Permitted Uses: Bank/financial institution/ATM; Barber and beauty shops; Car Wash; Dry cleaning/pick up station; Hotels, motels, inns; Laundromat; Office, professional; Parking lot, commercial or private; Pet shop/grooming (enclosed); Photographic Studio; Religious Institution (with a total capacity of 350 or less); Restaurant, excluding drive through; Retail sales-shopping centers 15,000 square,feet and less; Single family residential attached; Trade & Vocational Schools. Permitted based on Standards (PBS): Accessory apartment; Nursery/daycare center; Printing and reprographic facility; Recreational facility, indoor. REAR PARCEL - Permitted Uses: Duplex; Multifamily Residential; Townhouses. Mr. Marshall advised that the Planning staff recommends approval of the petition, stating it is in keeping with development occurring in that area as well as the Midland Area Plan. The Planning and Zoning Commission recommended denial of the petition by a 5 to 4 vote on May 18, 2000. Commissioner Privette asked if the property is located within the proposed incorporation area of Midland. Mr. Marshall advised that it is within that area. Mr. Jerry Newton, representing Bigford Enterprises, stated the Planning and Zoning Commission voted to deny the petition after discussion concerning the Adequate Public Facilities Ordinance and the issue of schools. He asked that the Board focus on the petition. He explained the front portion is currently zoned Limited Commercial which would allow 66 various uses, including up to eight dwelling units per acre for multi-family. According to Mr. Newton, 18 multi-family units per acre were permitted in the Limited Commercial district at the time Mr. Bigford purchased the property. However, a Zoning Text Amendment has reduced that number, thus requiring Mr. Bigford to revise his development plans. Mr. Newton said the request by Bigford Enterprises is to combine the two parcels of prpperty, locate commercial activities on the front parcel, develop an apartment community to the rear and eliminate 34 of the 66 uses allowed in the Limited Commercial district. He stated the proposed development is consistent with the Midland Area Plan adopted in 1997. Mr. Newton submitted letters from Barbee Realty and Carousel Real Estate that he staked gave character references for Mr. Bigford and also addressed the need for apartments and rental units in the general area. He said the rezoning would have no impact on the school and adequate utilities are available. He did advise that Bethel Elementary is not currently capped and school staff indicated that it is not approaching capping. Mr. Newton reviewed Mr. Bigford's experience in building apartments and his existing rental business that includes 36 scattered single family units in Stanly and Cabarrus counties. Finally, Mr. Newton presented a letter signed by Mr. Bigford stating Bigford Enterprises is willing ~to commit to constructing only 24 units per year as a condition of the Special Use Rezoning." This would be two buildings containing not more than 12 units per building, Mr. James Martin, President of the Midland Community Association, stated the Association had voted unanimously at its June meeting to request denial of the petition. He said that Ms. Nancy Matheson and Ms. Joyce Beatty