BC 2011 09 19 Regular Meeting - Laserfiche WebLink

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September 19, 2011 (Regular Meeting) Page 616 EMS Review: No Comments Sheriff Review: No Comments Stormwater Review: Comments, by Planning Staff Stormwater permits will be required if the project includes a total disturbed area of more than one acre. Land Use Plan Analysis The Midland Area Land Use Plan, adopted in September 2004, designates this property, as well as adjacent properties, as Medium Density Residential and Limited Commercial. The plan states that Medium Density Residential is intended to permit development with a moderately high- density community character. This is the zoning district primarily designed for both existing and future conventional subdivision type development. Residential development options for this zone include single family detached residence, duplex, and townhomes. These zones are located where public utilities either are available or are envisioned available within the next ten years. The plan also states that Limited Commercial districts are reflective of the existing commercial uses in Midland. These areas shall be of a variety of commercial uses ranging in intensity and will not incorporate residential areas. Large -scale commercial development in these areas should be considered carefully on a case by case basis. Conclusions The rezoning, as proposed, is not consistent with the Midland Area Land Use Plan. The rezoning is a conventional rezoning request. Therefore, no conditions may be attached to the rezoning request. All uses permitted in the LC and HDR districts would be permitted on the subject property. The Board of Commissioners should consider the information provided and determine if the proposed rezoning meets the Commissions' vision for this area of Cabarrus County. Ms. Morris also responded to several questions from the Board and noted the "Intent to Serve" letter from the City of Concord for utilities has not been received to date. Vice Chairman Poole opened the public hearing at 7:21 p.m. The Public Hearing Notice was published on September 7 and 14, 2011 in THE INDEPENDENT TRIBUNE. The Public Hearing Notice was also posted on the County's website ( www.cabarrus county. us ) on September 7, 2011 in accordance with Article 2, Administration, Section 2.1 (Use of Electronic Means to Provide Public Notices) of the Cabarrus County Code of Ordinances. Kathy Kitts, Mayor of Midland, said the Town does not support the rezoning to HDR (High Density Residential) . She further stated the proposed rezoning is not in concurrence with the Midland's master plan, adding the Plan does not anticipate sufficient infrastructure during the planning period for the proposed rezoning; the Plan aims to protect the level of service along Midland's major thorough fares, and furthermore, the recently approved Midland Development Ordinance establishes development standards requiring access in accordance with sound growth principles that will allow NO 24/27 to remain a free - flowing highway with carefully planned points of access for higher density developments. Kathryn Kuppers, resident of 729 Honeysuckle Lane in Midland since 1987, said the rezoning would adversely affect homeowners by changing the nature of the neighborhood and the rezoning would also be inconsistent with the Town of Midland's long -range plan for development. She urged the Board to protect the interests of numerous property owners over the interest of one single real estate investor and uphold the decision made by the Planning and Zoning Commission to deny the request. Mary Szpara, resident of 714 Honeysuckle Lane in Midland, spoke in opposition to the rezoning. She stated her property is adjacent to the subject property and wildlife roams freely amongst the flora and fauna. She addressed the excellent quality of life neighbors have and said the construction necessary to develop the floodplain in the subject property would greatly and negatively impact the community. In closing, she asked that the current zoning designation be maintained.