BC 1998 01 19 - Laserfiche WebLink

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486 There was discussion regarding the review of all Area Plans and specifically the Western Area Plan. It was noted that any changes to the Plan would be subject to the approval of the Concord City Council. Board members questioned the permitted use of volatile materials warehouse and the restriction of building along the flood plain. Mr. Rankin advised that the area shown in green on the map was in the flood way of Rocky River and therefore cannot be developed under federal statutes. UPON MOTION of Chairman Casper, seconded by Commissioner Niblock and unanimously carried, the Board approved the changes to the Western Area Plan as presented with the condition that the City of Concord approves these changes, accepted the findings of fact as presented by the staff and approved the rezoning of Petition 97-19 with the following conditions as identified and stipulated to by the landowners. The amendments to the Western Area Plan as approved by the Board were as follows: (1) The area referred to as King's Grant should be changed to more accurately represent the retail and service emphasis of the development around and extending from the interchange. The map should also be altered to reflect the new alignment of the King's Grant Parkway between 1-85 and Derita Road as that will surely change traffic patterns in the area. (2) Areas rezoned since 1992 that have varied from planned recommendations should be corrected on the land use map. These areas represent policy decisions by the elected boards based upon specific analyses of properties (as opposed to the general analysis of an area plan). (3) The residential area along the westside of Derita Road over to the Rocky River should be changed to Future Employment. This recommended change is the result of the specific analyses done to analyze a rezoning request and reflective of the other changes in the area. The Findings of Fact as approved by the Board were as follows: (1) Development trends, infrastructure improvements, and other rezoning activity in this area have been non-residential, or supportive of non-residential uses. (2) The increasing activity at the Concord Regional Airport negatively affects residential development of the petitioned property. (3) Cabarrus County has identified a need for appropriate non-residential property to be identified and protected. (4) The Rocky River provides a physical separation between residential and non- residential property. The County's screening and buffering standards will be employed where that natural buffer does not exist. (5) The re-alignment of King's Grant Boulevard and development of an outerbelt interchange off Odell School Road in Mecklenburg County will increase access to this area. (6) The Western Area Plan previously identified part of this property for non- residential use, and clearly recognized the need to re-assess the dividing line between residential and non-residential property. The Concept Plan is on file in the Planning Services Office and hereby included by reference as a part of the minutes. The Conditions as listed in the letter dated January 15, 1998 by Mr. Glen Hardymon, accepted by the Petitioners and approved by the Board were as follows: (1) A 100-foot buffer along the existing Derita Road and Poplar Tent Road; (2) A 100-foot buffer along the border of Beech Bluff subdivision and the property line along Rocky River; (3) A 50-foot buffer along the outer boundary of the Edna Riley property (existing light industrial land); (4) Four parcels that are presently used for residential purposes would be rezoned general industrial/special use but with residential rights vested including a vesting of existing driveway connections to Derita Road and with 50-foot buffers between such vested residential property and the balance of the industrial property (buffers to be removed if the residential property is developed for other than residential use); (5) The aggregate approximately 446 acres would be limited to buildings containing a maximum of 5,000,000 square feet; (6) Driveway connections to Derita Road would be limited as follows: a land owner with less than 50 acres--one connection; a land owner with 50 acres