AG 1995 10 02 - Laserfiche WebLink

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JULY 17, 1995 MEETING OF THE BOARD OF COMMISSIONERS Zoning Atlas Amendment - Petition 95-02 (Macedonia Church Road at N. C. 73) Public Hearing -7:00 P.M. Mr. Gerald Newton, Planning and Development Area Manager, introduced Petition 95-02 concerning property located on Macedonia Church Road at N. C. 73. The Planning and Zoning Commission voted 5 to 3 on June 15, 1995 to recommend changing the zoning from Limited Industrial to Medium Density Residential. Mr. Jonathan Marshall, Senior Planner, reviewed the Staff Analysis for Petition 95-02 which was submitted by the Planning, Zoning and Building Inspection Department for an administrative rezoning review. Staff requests that the property remain Limited Industrial; the property owner requests Medium Density Residential. The parcel is 78 acres with approximately 65 acres in the area with conflicting recommendations. Sewer service can be extended to this property on Afton Run Creek. Water service can be extended on N. C. 73. The Westside Connector will cross the property with the purchase of right-of-way to begin in 1997 and construction to occur two years later. Chairman Barnhart opened the public hearing for Petition 95~02 at 7:30 P.M. and asked if anyone wished to speak for or against the petition. Mr. B. J. Barbee, property owner, requested the rezoning to Medium Density Residential, stating he has a signed contract for the sale of the property for residential development. He complained that he was not informed at the time the property was rezoned to Light Industrial and only became aware of the rezoning upon receiving the revaluation notice for his property. Mr. Barbee outlined numerous meetings and discussions with various County officials in his efforts since December 1994 to rezone the property to residential and to lower the tax value of his property. The tax value was initially set at $1,253,600.00, but was later reduced to $410,000.00 by the Board of Equalization and Review. Mr. Barbee opposed the industrial zoning, stating in his opinion the topography of the land was not suitable for industrial development. Mr. Le Goolsby, son-in-law of Mr. Barbee and resident of Macedonia Church Road, spoke in support of the rezoning to Medium Density Residential. Mr. Maurice Ewing, Executive Vice-President of the Greater Cabarrus County Economic Development Corporation (EDC), reported that the EDC Executive Committee had unanimously agreed that the zoning of the Barbee property should remain industrial. He cited the following reasons in support of the industrial zoning: (1) Relatively large tract located 4,000 feet from a major interstate interchange to be bisected by the Westside Bypass and with property fronting Highway 73; (2) Availability of water with sewer less than 500 feet away; (3) Close proximity to Rowan-Cabarrus Community College; (4) Directly adjacent to Dogwood Industrial Park; (5) Preliminary engineering review indicates the property is suitable for industrial development; and (6) Residential development of the property will put additional burden on the schools, ambulance service, fire protection and other