BC 1999 11 15 - Laserfiche WebLink

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346 property from MDR, Medium Density Residential to HDR, Special Use, High Density Residential Special Use for the purpose of a future mobile home development. Mr. Jonathan Petition C99-08(R) affirmed testimony. Marshall, Planning Services Director, advised that was a Special Use rezoning and would require sworn or Mr. Hartsell and the Clerk affirmed those persons who indicated they wished to address the Board regarding Petition C99-08. Prior to addressing the Board, each one confirmed that he/she had been previously sworn or affirmed. Mr. Marshall presented Petition C99-08(R) by Mr. Robby Faggart. The Planning and Zoning Commission considered the petition on September 30, 1999 at which time a motion to approve failed by a vote of 2 to 7. Mr. Marshall presented a map showing the location of the property and the surrounding zoning districts. The adjacent properties to the north, east and west of the property are now zoned for Medium Density Residential (MDR) uses. The property is adjacent to an existing mobile home development, Woodridge Mobile Home Park, and High Density Residential (HDR) zoning on the south side. Cold Water Creek serves as a natural border separating the two zoning districts, having been indicated as the border to the HDR district by the Eastern Area Plan adopted by the Board in 1992. The densities of the MDR and HDR districts are 4.5 units per acre and 7 units per acre, respectively. However, Mr. Marshall said the flood plain would limit the density of development on the subject property. At the time of the Planning and Zoning Commission meeting, the property was landlocked. Since that time, the petitioner has secured access to Country Home Road. Mr. Marshall advised the issue of adequacy of the area roads, Country Home Road and Miami Church Road, should be a consideration in reviewing the rezoning request. In conclusion, Mr. Marshall summarized the staff's recommendation to deny the rezoning. He said the border that exists with Cold Water Creek is a proper border, allows a natural buffer between the boundary of medium and high density residential zonin9 districts and is supported by the 1992 Eastern Area Plan. Mr. Ed Hill, Chairman of the Cabarrus County Planning and Zoning Commission, outlined the following reasons for the Commission's denial of the Petition: (1) Lack of access; (2) Not in keeping with the Area Plan; (3) Crossing natural barriers. At 7:40 p.m., Chairman Barnhart opened the public hearing on Petition C99-08(R) and asked if anyone wished to address the Board concerning the rezoning request. The notice of public hearing had been published in THE INDEPENDENT TRIBUNE on November 1 and 8, 1999 and in THE CHARLOTTE OBSERVER (Cabarrus Neighbors). Mr. Jim Scarbrough, Attorney representing the Petitioner Robert G. (Robby) Faggart, addressed the issue of density. He said the current plan provides for 3.5 units per acre or a total of 90 units. Further, Mr. Scarbrough stated the petitioner would be willing to consent to a zoning condition limiting the development to 90 units. Mr. Robby Faggart, Petitioner, requested approval of the rezoning to allow for a future mobile home development. He said he currently owns two mobile home developments in the area, Southern Hills with 138 units and Woodridge Park with 102 units. He distributed photographs of those developments. Mr. Faggart stated he is planning for approximately 90 units on the property with the flood plain area to be used for recreation purposes. He reviewed the history of the property and stated he thought the property was zoned HDR at the time of purchase. He distributed a copy of a letter dated January 5, 1994, from Mr. Mike Downs, Zoning Administrator, stating "that the parcel of land located on Fairbluff Road (5548-27-9698)' containing 61.43 acres has been changed from Agricultural Rural Residential (AR) to High Density Residential (HDR)" effective December 20, 1993. Mr. Faggart also distributed a notarized statement dated October 25, 1999 from Gary Lane Byerly agreeing to sell to Mr. Faggart a 5.2 acre plot on 2660 Country Home Road to obtain a right of way to his adjoining property. Further, Mr. Faggart stated there is a need for affordable housing in Cabarrus County and the proposed development would help to meet that need. Mr. Faggart responded to a number of questions from the Board. The questions concerned such issues as the suitability of Country Home Road for carrying the additional traffic, the type of mobile homes to be located in the development, the existence of only one entrance/exit to the site and the availability of water and sewer service to the site.