AG 1993 05 17 - Laserfiche WebLink

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REZONING PETITION 93-02 April 15, 1993 Phil Cline, Petitioner ASSESSMENT: Issues or Concerns. There are several issues to be addressed. 1) Compatibility of residential and industrial land use. As pointed out earlier, the proposed rezoning does not create land use conflict. Instead, it helps soften a preexisting land use tension with a permanent vegetative buffer. 2) Traffic problems associated with greater use of the parcels. Highway 49 is a major traffic corridor with even greater future potential to handle large volumes of traffic. It is the site rather than the road which may need some improvements to assure greater future use does not disrupt residential traffic patterns. 3) Pollution to Irish Buffalo Creek. The stream is protected by both the Cabarrus County River/Stream Overlay regulations and those handled by the North Carolina Department of Environmental Health & Natural Resources. Analysis of Existine Zone, The two properties are currently zoned low density residential. The current zoning is not correct. Siting single lot residential on a major traffic corridor ill-uses the infrastructure (water, transportation and sewer) and also does not provide the setting for residential family life. The residential land owner wants not the problems associated with bordering a busy roadway. Similarly, the capital investment in the roadway is not being returned by providing Iow density residential nesting. Instead, a four lane corridor, which is what Highway 49 will soon be, is most logically the site of commercial, industrial or high density residential land use. Additionally, there are specific site features which work against low density residential development: the proximity of floodplain along the creek border, the sewer line with its accompanying 60 foot right-of-way barfing any development and unevenness of terrain. The inappropriateness of the current zoning is even further substantiated by the real estate market. The owners have repeatedly tried to no avail to market the land as residential. It has simply not been considered desirable. Consistency with the Cabarrus Comprehensive Plan. The Harrisburg Area Plan (September 1991) is the plan projecting future land use for the area. The plan's maps show Cline Trucking as existing industrial, continuing into the future as industrial. It also projects high density residential (HDR) for the parcels being considered for rezoning. They constitute roughly a tenth of the land area shown as such. There is logic to support "substituting" I-1/SLI for HDR. First of all, the area plans are general guides for development with some inherent degree of flexibility, particularly when zones other than those recommended are comparable in their needs. Both I-1 and HDR need the type of infrastructure which is available at the site in question - water, sewer and higher capacity roadways. Secondly, the proposed I-i zone does border an active industrial zone. The overwhelming majority of the HDR zone envisioned for this area will be left in place. Only a small portion of it will be given over to I-1 and this from the edge