490
<br />
<br />DRAFT
<br />
<br /> The Board of Commissioners for the County of Cabarrus met in recessed
<br />session in the Commissioners' Meeting Room at the Cabarrus County
<br />Governmental Center in Concord, North Carolina on Monday, June 26, 2000, at
<br />6:30 p.m.
<br />
<br />Present - Chairman: Arne L. Fennel
<br /> Vice Chairman: Carolyn B. Carpenter
<br /> Commissioners: Jeffrey L. Barnhart
<br /> Sue B. Casper
<br /> Coy C. Privette
<br />
<br /> Also present were Mr. Frank W. Clifton, Jr., County Manager; Ms.
<br />Lyda, Attorney with Hartsell, Hartsell & White PA and representing the County
<br />Attorney; and Mrs. Frankie F. Bonds, Clerk to the Board.
<br />
<br />Chairman Fennel called the meeting to order at 6:30 p.m.
<br />
<br />ApprovaI of the Aaenda
<br />
<br /> Chairman Fennel announced the addition of two items to the Agenda: (1)
<br />Formal Adoption Of the Budget ordinance; and (2) Authorization for the County
<br />Manager to proceed with necessary agreements for the sale of the old
<br />Harrisburg Elementary School property.
<br />
<br /> UPON MOTION of Commissioner Barnhart, seconded by Chairman Fennel and
<br />unanimously carried, the Board approved the Agenda as amended.
<br />
<br />Zoninq Atlas AmenR~9--t - Petition C00-02¢R) by Robert Burkett to Rezone
<br />ApDrg~4~"~$1Y 446 Acres in the Odell Conununitv - Public Heartna - 6:30 P.m.
<br />
<br />Petition C00-02(R). Robert Burkett. PIN part of 4681-58-6081,
<br />4681-48-1531, 4681-17-4946, 4681-15-3364, 4681-36-1154, 4681-29-
<br />7610, 4681-29-5858, and 4671-95-9695. Approximately 446 acres
<br />located north of Harris Road, south of Highway 73, east of the
<br />Rocky River, and west of Odell School Road. Request to rezone
<br />property from LDR, Low Density Residential to HDR-SU, High
<br />Density Residential Special Use and GC, General Commercial, for
<br />the purpose of developing a mixed use project comprised of single
<br />and multi-family residential~ office/retail, and County school
<br />facilities.
<br />
<br /> The Board held a public hearing on March 20, 2000 for Petition COO-
<br />02(R) . However, the petition had been revised to the extent that it was
<br />determined a new public hearing should be held.
<br />
<br /> The Public Hearing Notice was published in THE CHARLOTTE OBSERVER
<br />(Cabarrus Neighbors} on June 11 and June 18, 2000. Since this was a Special
<br />Use Rezoning, the Clerk affirmed those persons wishing to address the Board
<br />regarding Petition C00-02(R). Prior to addressing the Board, each speaker
<br />acknowledged that he/she had been previously sworn or affirmed.
<br />
<br /> Mr. Jonathan Marshall, Planning Services Director, presented the staff
<br />report for Petition C00-02 (R) by Robert Burkett, President of J & B
<br />Management and Development, Inc. The original request was to change the
<br />zoning of approximately 446 acres from existing Low Density Residential to
<br />General Commercial (approximately 43 acres) and .High Density Residential
<br />Special Use (approximately 403 acres). However, Mr. Marshall advised that it
<br />was his understanding that the Petitioner has amended the petition to change
<br />the request from High Density Residential Special Use to Medium Density
<br />Residential Special Use, a less intensive classification. The purpose of the
<br />rezoning is for a mixed use development consisting of single and multi-family
<br />residential, office, retail and school facilities. Mr. Marshall reviewed the
<br />major issues involved in the rezoning request, including type of development,
<br />traffic impact and school adequacy. He stated the Western Area Plan, which is
<br />the long-range plan for this area, specifically promotes mixed use
<br />developments. Further, it is staff's opinion that the design of the
<br />development in addition to the conditions agreed upon by the Petitioner will
<br />integrate this development with the existing area and the development
<br />patterns. In regards to traffic impact, Mr. Marshall stated the improvements
<br />to be made by the Petitioner as a condition of the rezoning would mitigate
<br />this issue. He also said the mixed use development would lower the impact
<br />because many of the trips will be internal. Further, the Petitioner has
<br />offered partial funding of a feasibility study for the improvements to
<br />Highway 73. Mr. Marshall stated the Petitioner has addressed the school
<br />adequacy issue by proposing to donate property for school construction, the
<br />value of which is above the value of anything that has been proposed in
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