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August 19, 2002 Page 427 Vice Chairman Carruth asked the County Attorney if there was any precedent of having a special use where there is a hold harmless agreement against anything involving noise from the airport or any other kind of exposure from adjacent industrial property. Mr. Hartsell advised that he was not aware of any precedent of that sort. He did state there is a legal theory known as "coming to the nuisance" that would speak to the issue to some extent. Commissioner Suggs questioned Mr. Motley regarding the five-year period of vested rights and the sale of property in the Motley's industrial park. Mr. Motley explained that he had hoped to have already built homes on the property, but the economy had prevented him from doing so. He confirmed that property in the Morley's industrial park is for sale. However, he stated the property requested for rezoning has never been on the market. There was no one else present to address the Board, and Chairman Freeman clo'sed the public hearing at 7:30 p.m. Commissioner Fennel stated he supported following the personal wishes of people who want to manage their private property and that the intent of the Motley family for generations was to build family homes on this property. He then moved for approval of Petition C02-02(R) by Wayne Motley to rezone approximately 19 acres (PIN 4680-72-3012, 4680-72-3343, 4680-72-7222, 4680- 71-6910, 4680-71-4750, 4680-71-5336) on Derita Road from General Industrial (Special Use) to Medium Density Residential (Special Use). Commissioner Privette seconded the motion, and it was unanimously approved by the Board. (F-2) Zoning Text An%endment [Petition C2002-01(T)] - Table of Required Parking Spaces by Use - Public Hearing - 6:30 p.m. Ms. Nicole Storey, Planner, presented Petition C2002-01(T) to amend the parking space standards as contained in the Cabarrus County Zoning Ordinance. The Planning and Zoning Commission had approved the recommended changes at its meeting on July 18, 2002. . At 7:34 p.m., Chairman Freeman opened the public hearing on the Petition C2002-01(T) and asked if anyone wished to address the Board concerning the proposed amendment to the Cabarrus County Zoning Ordinance. The Notice of Public Hearing was published in THE INDEPENDENT TRIBUNE on August 8 and 18, 2002. There was no one present to address the Board, and Chairman Freeman closed the public hearing. UPON MOTION of Commissioner Privette, seconded by Vice Chairman Carruth and unanimously carried, the Board adopted the following Ordinance amending the Cabarrus County Zoning Ordinance. Ordinance No. 2002-04 Petition C2002-01(T) AN ORDINANCE AMENDING THE CABARRUS COUNTY ZONING ORDINANCE BE IT ORDAINED that the Cabarrus County Zoning Ordinance is hereby amended as follows: SECTION 10-6: TABLE OF REQUIRED PARKING SPACES BY USE Replace: Table 10-6 (attached). SECTION 10-7: ADMINISTRATIVE FLEXIBILITY AS TO PARKING SPACES REQUIRED Add: For uses that may require parking spaces above the maximum vehicle space standard, justification for such shall be presented to the Administrator. The Administrator shall review such justification and make a determination to grant or deny the request. Information to be considered includes, type and size of use, the number of employees, and impact of potential special events. A denial of a request to exceed the maximum vehicle spaces may be appealed to the Board of Adjustment. Adopted this the 19tn day of August, 2002 by the Cabarrus County Board of Commissioners.