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August 19, 2002 Page 425 ITEM REMOVED FROM THE CONSENT AGENDA FOR DISCUSSION (E-11) Support for the Establishment of a Proposed South Central Piedmont Resource Conservation and Development Area Mr. Clifton presented a brief overview of the proposal to request the United . States Department of Agriculture (USDA), Natural Resources Conservation Services, to establish a South Central Piedmont Resource Conservation and Development (RC&D) Area consisting of Cabarrus County and six other counties in the Charlotte area. Once established, the area would qualify for technical assistance, grant funding (when available) and project coordination with other federal and state agencies. Cabarrus County's Soil and Water Conservation District and Watershed Improvement Commission will be primarily responsible for the RC&D area activities in the County. UPON MOTION of Vice Chairman Carruth, seconded by Commissioner Fennel and unanimously carried, the Board voted to support the request to the USDA- Natural Resources Conservation Service for the establishment of a South Central Piedmont "Resource Conservation and Development" Area consisting of the counties of Cabarrus, Gaston, Lincoln, Mecklenburg, Rowan, Stanly and Union. Further, the Board authorized the Chairman to execute on behalf of the Cabarrus County a statement of support for the proposed area and council, if authorized, and to participate in all its undertakings. (F) NEW BUSINESS (F-l) Rezoning Re.est [Petition C02-02(R)] for the Motley Properties Located on Derita Road Near the Concord Regional Ai~ort Public Hearing - 6:30 Petition C02-02(R). Applicant Wayne Motley PIN 4680-72-3012, 4680-72-3343, 4680-72-7222, 4680-71-6910, 4680-71-4750, 4680-71- 5336. Request to rezone property from General Industrial (Special Use) to Medium Density Residential (Special Use). Mr. Jonathan Marshall, Planning Services Director, introduced Petition C02-02(R), a rezoning request by Wayne Motley to change approximately 19 acres on Derita Road from General Industrial (Special Use) to Medium Density Residential (Special Use) for the purpose of building additional dwellings on the property. He pointed out the location of the property on a map, stating it is in a larger area of Limited Industrial or General Industrial (Special Use) along Derita Road. The entrance to the Concord Regional Airport and a day care facility in the planned industrial park are across from this property. There is also some development within the West Winds Industrial Park that is located directly to the south of the Motley property. Mr. Marshall reported that this property along with adjacent property was rezoned in 1997 to General Industrial (Special Use) for purposes of economic development in the area around the airport. The Motley family retained a vested right to build additional dwellings on the property for a period of two years. The Planning and Zoning Commission extended the vested right period at the family's request in 1999 and again in 2001. However, the -vested right granted in 2001 was limited to a one-year period ending in December 2002 pursuant to State law limiting the period for vested rights to five years. Further, Mr. Marshall reported that there are some houses on this property, some of which were built prior to the rezoning and at least one since the rezoning. However, the Motley family has not completed all the dwelling units they had intended for the property and is now pursuing a rezoning for that purpose. Mr. Marshall stated it is staff's belief that this property is appropriate for non-residential development due to the airport and other non-residential development and is recommending denial of the rezoning request. In addition, he reported that staff had solicited input from the City of Concord since much of the zoning surrounding the property is now under control of the City, including the West Winds Industrial Park and the airport. He presented a Memorandum dated August 19, 2002 from Mr. Jeff Young, Planning and Community Development Director for the City of Concord, outlining opposition to the requested rezoning. In his Memorandum, Mr. Young addressed the development of non-residential uses around the airport, the detrimental effect that the airport and surrounding industrial uses would have on residential uses as well as the detrimental effect the residential uses may have on the future operation of the airport. In conclusion, Mr. Marshall reiterated staff's recommendation that the petition not be approved based primarily on the evolving uses within that area and the make up of the area as a non-residential development area.