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481 DRAFT of the Midland crossroads area were in the audience at this time and had asked him to advise the Board of their opposition to the rezoning request. He listed such concerns as the impact on schools, proximity to the crossroads and crime. Mr. Hartsell and the Clerk affirmed Mr. Bunk Whitley. Mr. Bunk Whitley stated that the community has worked hard for the incorporation of the Midland area, which is now under consideration by the General Assembly. He stated in his opinion the people of Midland should have the opportunity to choose what type of development they want in that area. He suggested that the Board ~stall" the decision for a few months, stating maybe the Tow~ of Midland would be functioning and could make a decision at that time. Chairman Fennel questioned Mr. Hartsell on the status of the incorporation of Midland. Mr. Hartsell was affirmed prior to giving testimony. Mr. Hartsell stated the Joint Legislative Committee on Municipal Incorporations is meeting this date to consider the final action with regard to the Midland incorporation petition. It appears that Midland has met all the criteria set out in the statutes and constitutionally with regard to its application. With the favorable application, Mr. Hartsell said the bill can proceed through the process for consideration and approval by the General Assembly. The vote by the Midland community is currently scheduled for November. Mr. Ed Hill, Chairman of the Planning and Zoning Commission, stated the Planning and Zoning Commission voted to deny the petition although in his opinion the Commission should have approved the petition. He said the Commission held the applicant to an adequate public facilities standard, which only applies to subdivisions at this time. The Planning and Zoning Commission has requested staff to draft a change in the adequate public facilities requirements to address this issue. Mr. Newton responded to two issues raised during the hearing. He stated the property fronting Highway 24-27 currently allows up to eight dwelling units per acre and the special use rezoning would move the apartments to the back portion of the property away from the road. Secondly, he stated if the incorporation does Occur the town would have the opportunity at that time to review all zoning in the area and put in place their own set of zoning regulations. However, he stated the applicant has followed all the procedural steps since early spring to rezone the property and in his opinion it would be unfair to ask him to wait for an indefinite time period for rezoning that may or may not happen in the future. There was no one else present to address the Board, and Chairman Fennel closed the public hearing. Mr. Hartsell responded to questions regarding the time period for acting on the rezoning petition. He indicated that the petition could not be tabled indefinitely but could be tabled to a time certain within a reasonable period of time. Stating the Board had voted unanimously to aklow the Midland Community to determine its ow~ destiny and giving them the right to proceed with incorporation, Commissioner Privette made a motion that Petition C00-06 (R) be denied so that the community can move forward with its incorporation and have the same right as other municipalities in the county to make decisions such as this. The motion was seconded by Commissioner Carpenter and unanimously carried. There was discussion regarding the number of apartments allowed in a Limited Commercial area, efforts to encourage mixed use developments in the County and the plans to replace Bethel Elementary School. Chairman Fennel asked the Planning and Zoning Commission and staff to move quickly on the issue of apartments being built in the Limited Commercial districts and revisions to the adequate public facilities standards. Mr. Hartsell suggested that staff and the Planning and Zoning Commission also look at the County' s process for adopting special use rezonings in light of recent Superior Court action in Mecklenburg County.