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STAFF ANALYSIS - PETITION 93-08 <br /> <br />The petitioner is requesting a zoning change from Light Industrial <br />(I-l) to medium density residential zoning (R-15). The stated <br />purpose for this change is so that residences may be developed on <br />the 15.5 acre parcel and it remain in family ownership. This <br />rezoning may be best analyzed by answering one of the most basic <br />questions of any rezoning. That is whether the zoning was <br />correctly applied at the inception of the use of zoning regulation <br />in Cabarrus County. <br /> <br />This property and those immediately surrounding it have been zoned <br />I-1 since 1982 when zoning was adopted. The exception is the <br />property directly across Rainbow Drive which was zoned for <br />residential multi-family use. The I-1 zoning created at least four <br />non-conforming residences when adopted. Although the I-1 zoning <br />extends to vacant property to the south, and on down to Mooresville <br />Road, there are residences to north, east and west of this <br />property. <br /> <br />Two other factors lend credence to the argument that the I-1 zoning <br />has been incorrectly applied. Development in the area has been <br />entirely residential. The Ridges Apartments and scattered single- <br />family homes have all been built since zoning was adopted. The <br />second is that industrial and residential zoning should not abut <br />wherever possible, and when they do that some natural break should <br />be used to create a buffer. It is clear that the industrial zoning <br />district should not have been extended as far north as this <br />property, and those adjoining it. <br /> <br />The Northwestern Cabarrus Small Area Plan indicates that industrial <br />use is appropriate for Mooresville Road at Irish Buffalo Creek. <br />The future land use is indicated in large part due to the access <br />off Mooresville Road (N.C. 136), the possible intersection of the <br />Westside Bypass and the availability of water and sewer. The <br />property proposed for rezoning has only the access to water and <br />sewer in common with the property on Mooresville Road. For that <br />reason, residential use is projected along Rainbow Road to the <br />north. <br /> <br />The staff recommends that this parcel be rezoned to R-15. Further, <br />we would recommend that if the rezoning is approved that <br />surrounding properties, particularly those north of this parcel, be <br />considered for rezoning to R-15. <br /> <br />Jonathan B. Marshall <br /> <br /> <br />