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October 30, 2006 (Regular Meeting) Page 150 If you have any questions, please do not hesitate to contact me. Sincerely, Lawrence C. Hinsdale, President/CEO September 18, 2006 Louie T. Cooper c/o Jerry Newton 217 South Main Street Kannapolis, NC 28081 VIA FACSIMILE: 709-933-2119 Dear Mr. Looper: As adjacent property owners to the property that you have requested to rezone under the above petition, we would like to voice our support for your proposed change in zoning. Paul Davis and I are the owners of the property known as Renaissance Square Shopping Center, which is a mixed-use commercial development including a Cowes Food store, CVS pharmacy, First Charter Bank along with several shops and offices. We understand you have reserved a lot between the property being rezoned and our property with the intended purpose of putting a day care. We believe this will serve as a good transitional use £rom retail and office to the housing you plan to build around the north of the pond. Please contact me if you have any questions. Sincerely, Steven H. Brumm Mr. Newton listed the following reasons for approving the rezoning application: (1) The. approval of the 1990 Northwest Area Plan supports residential as required; (2) The draft Northwest Area plan supports residential as requested; (3) The school system does not oppose the rezoning; (9) N.C. Department of Transportation does not object to the rezoning; (5) The current OI zoning is inconsistent with the approved and draft plans for this portion of Mr. Cooper's land; (6) The property was soil tested and is approved for two homes; (7) The NC 73 Small Area Plan supports the rezoning by the intent of the plan to create a sustainable development in creating the Poplar Center; (8) The NC 73 Small Area Plan calls for a series of development zones in the absence of an overlay zone to implement the development zones; (9) By extending the CR zoning district southward, there is no issue of spot zoning; (10) The CR zoning classification only permits low-density housing; therefore, complying with all three plans for the area where the applicant wants to build two homes; (11) If the area was ready to be developed as outlined in the NC 73 Small Area Plan, Mr. Cooper owns a central piece of Poplar Center; (12) The applicant would like to see the land develop according to a version of the plan like Renaissance Square; (13) Mr. Cooper has lived on the property since 1970 and wants to remain on his property; (19) If and when Cabarrus County and Kannapolis establish an. overlay as suggested by the NC 73 Small Area Plan, modifications by an overlay zone can occur since they are straight rezoning requests; (15) Denying the rezoning serves notice to the community that Cabarrus County does not care about the individual or his property rights and that artificial down zoning is designated to force property owners to rezone their land is not only a holding zone, but a taking without just compensation; and (16) Approving the rezoning makes sense, it addresses an inadvertent negative consequence of the mass rezoning and is the right thing to do. In closing, he requested the rezoning be approved. Maggie Trasher of 2982 Shiloh Church Road in Davidson stated she wants Mr. Cooper to be able to proceed with his plans and asked if she could put a house on her property. With there being no one else to address the Board, Chairman Carruth closed that portion of the meeting at 8:99 p.m. Commissioner Privette made a motion to approve the rezoning. Commissioner Freeman seconded the motion.