BC 2005 06 20 REGULAR - Laserfiche WebLink

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June 20, 2005 - Regular Meeting Page 245 There was discussion regarding the "Alternative to Committee Map", which changed some of the property north of NC 73 in the Odell area from Countryside Residential (CR) to Low Density Residential (LDR). Vice Chairman Carruth described the map as a compromise and stated it would help to address the following issues: efforts to incorporate Odell; concerns by the City of Kannapolis in recouping its water line investments in that area; and the potential for future annexation of the area by Kannapolis. He stated adoption of the zoning map would not approve any of the three proposed developments in the area north of NC 73, including one that has filed a lawsuit against the County and the other two that are in the appeal process. Commissioner Juba stated she was seeking a compromise for Odell residents and developers with Odell zoned CR and the area where the developments are already in the approval process zoned LDR. Commissioner Privette stated the motion was not a compromise and described it as a "sellout". Members of the audience voiced loud obj ections to the proposal to change a portion of the Odell area from CR to LDR. Fletcher L. Hartsell, Jr., County Attorney, responded to questions about pending legislation concerning annexation authority by the City of Kannapolis. He also addressed issues involving the City's current annexation authority, including the possibility of annexing the lake and the three-mile standard for annexation of property. Mr. Lentz reviewed the following map changes from the committee meeting of June 16: (1) Areas in the Midland area without reasonable access to water and sewer changed from LDR to CR; (2) Property around the Flowes Store Road and Zion Church Road that has a "will serve" letter from Concord changed from CR to LDR; and (3) Area at Cessna Road changed from LDR to CR because it is essentially built out except for one or two parcels. Further, he confirmed that applications for the three pending subdivisions in the Odell area were submitted prior to the moratorium. He stated the subdivisions met the standards that were in place at the time of submission with the exception of adequate public facilities. Commissioner Privette stated he would not vote for the motion to change zoning in the Odell community to low density. Stating she was seeking a unanimous vote, Commissioner Juba amended her earlier motion to read that the area north of Highway 73 that is LDR be zoned CR and to adopt the Zoning Map entitled the "Committee Recommendation" Map of June 16, including adoption of the Mobile Home Overlay District. Vice Chairman Carruth accepted the amended motion and it was unanimously approved by the Board. The Zoning Map as adopted is on file in the Office of the County Manager and included by reference. Amendment to the Code of Ordinances UPON MOTION of Vice Chairman Carruth, seconded by Chairman Carpenter and unanimously carried, the Board adopted the following Ordinance. Ordinance No. 2005-16 AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CABARRUS COUNTY, NORTH CAROLINA WHEREAS, on June 20, 2005, the Cabarrus County Board of Commissioners adopted revisions to the Cabarrus County Zoning Ordinance, including the addition of Chapter Four, Part VII, Manufactured Home Overlay (MHOD) Districts; and WHEREAS, the new section of the Zoning Ordinance includes those regulations currently set forth in Article II, Mobile Home Parks, of Chapter 42, Manufactured Homes and Trailers, of the Code of Ordinances, Cabarrus County, North Carolina; and NOW, THEREFORE, BE IT ORDAINED by the Cabarrus County Board of Commissioners that Chapter 42, Manufactured Homes and Trailers, Article II, Mobile Home Parks, of the Code of Ordinances, Cabarrus County, North Carolina, is hereby repealed. Adopted this the 20th day of June 2005. /s/ Carolyn B. Carpenter Carolyn B. Carpenter, Chairman Cabarrus County Board of Commissioners