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486 <br /> <br /> There was discussion regarding the review of all ~rea Plans and specificslly <br />the Western Area Plan. It was noted that any changes to the Plan would be <br />subject to the approval of the Concord City Council. Board ~nbers questioned the <br />permitted use of volatile materials warehouse and the restriction of building <br />along the flood plain. <br /> <br /> Mr. Rankin advised that the area shown in green on the map was in the flood <br />way of Rocky River and therefore cannot be developed under federal statutes. <br /> <br /> UPON MOTION of Chairman Casper, seconded by Commissioner Niblock and <br />unanimously carried, the Board approved the changes to the Western Area Plan as <br />presented with the condition that the City of Concord approves these changes, <br />accepted the findings of fact as presented by the staff and approved the rezoning <br />of Petition 97-19 with the following conditions as identified and stipulated to <br />by the landowners. <br /> <br />The amendments to the Western Area Plan as approved by the Board were as follows: <br /> <br /> (1) The area referred to as King's Grant should be changed to more accurately <br /> represent the retail and service emphasis of the development around and <br /> extending from the interchange. The map should also be altered to reflect <br /> the new alignment of the King's Grant Parkway between 1-85 and Derita Road <br /> as that will surely change traffic patterns in the area. <br /> <br />(2) Areas rezoned since 1992 that have varied from planned recommendations <br /> should be corrected on the land use map. These areas represent policy <br /> decisions by the elected boards based upon specific analyses of properties <br /> (as opposed to the general analysis of an area plan). <br /> <br />(3) The residential area along the westside of Derita Road over to the Rocky <br /> River should be changed to Future Employment. This recommended change is <br /> the result of the specific analyses done to analyze a rezoning request and <br /> reflective of the other changes in the area. <br /> <br />The Findings of Fact as approved by the Board were as follows: <br /> <br /> (1) Development trends, infrastructure improvements, and other rezoning activity <br /> in this area have been non-residential, or supportive of non-residential <br /> <br /> (2) The increasing activity at the Concord Regional Airport negatively affects <br /> residential development of the petitioned property. <br />(3) Cabarrus County has identified a need for appropriate non-residential <br /> property to be identified and protected. <br /> (4) The Rocky River provides a physical separation between residential and non- <br /> residential property. The County's screening and buffering standards will <br /> be employed where that natural buffer does not exist. <br />(5) The re-alignment of King's Grant Boulevard and development of an outerbelt <br /> interchange off Odell School Road in Mecklenburg County will increase access <br /> to this area. <br />(6) The Western Area Plan previously identified part of this property for non- <br /> residential use, and clearly recognized the need to re-assess the dividing <br /> line between residential and non-residential property. <br /> <br />The Concept Plan is on file in the Planning Services Office and hereby included <br />by reference as a part of the minutes. The Conditions as listed in the letter <br />dated January 15, 1998 by Mr. Glen Hardymon, accepted by the Petitioners and <br />approved by the Board were as follows: <br /> <br />(1) A 100-foot buffer along the existing Derita Road and Poplar Tent Road; <br />(2) A 100-foot buffer along the border of Beech Bluff subdivision and the <br /> property line along Rocky River; <br />(3) A 50-foot buffer along the outer boundary of the Edna Riley property <br /> (existing light industrial land); <br />(4) Four parcels that are presently used for residential purposes would be <br /> rezoned general industrial/special use but with residential rights vested <br /> including a vesting of existing driveway connections to Derita Road and with <br /> 50-foot buffers between such vested residential property and the balance of <br /> the industrial property (buffers to be removed if the residential property <br /> is developed for other than residential use); <br />(5) The aggregate approximately 446 acres would be limited to buildings <br /> containing a maximum of 5,000,000 square feet; <br />(6} Driveway connections to Derit& Road would be limited as follows: a land <br /> owner with less than 50 acres--one connection; a land owner with 50 acres <br /> <br /> <br />