BC 1997 09 15 - Laserfiche WebLink

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379 Mr. Carl Hill opposed the rezoning and referenced earlier efforts by residents to preserve the residential community. He stated the property is several miles from existing businesses and is in the midst of a residential area. Ms. June Pigg, speaking on behalf of herself and other family members, opposed the rezoning. She complained the requested rezoning is spot zoning and construction of the warehouse would result in a loss of privacy and a decrease in residential property tax values. Mr. Sam Wilson, adjoining property owner, supported the rezoning, stating the property is 1.9 miles from the US 601/Highway 24-27 intersection. He reported there are other businesses in the area and stated in his opinion the rezoning would not lower property tax values. Mr. Jim Scarbrough, Attorney representing area residents, asked that the Board defer action on the proposed rezoning until an answer is received from the Court of Appeals regarding the Wilson rezoning. He contended there is illegal spot zoning in both cases. There was no one else who wished to address the Board, and Chairman Casper closed the public hearing for Petition 97-14. Commissioner Barnhart listed the following findings of fact regarding Petition 97-14 by James F. Peterman (Petitioner) and Jack Garmon and Hal Little (owners) to rezone property off U.S. 601 South at Cal Bost Road from Low Density Residential to Limited Commercial-Special Use: The property fronts on the main north-south corridor of Cabarrus County. The use can be served by public water and a private septic tank. The proposed use is similar in intensity to uses permitted under the LDR zoning. The conditions proposed by the petitioner greatly limit the use of this 28-acre parcel and actually would be much less intensive than what is already permitted on the property under the LDR zoning. The Zoning Ordinance requires screening and buffering between residential and non-residential uses. Based on the above-listed findings of fact, Commissioner Barnhart moved to approve Petition 97-14 conditioned on the following: 2. 3. 4. Proposed auto parts building would be no larger than 10,000 square feet. There would be no retail activity associated with the use. The business use would be restricted to that requested. Road access would be from U.S. 601 rather than Cal Bost Road (the Zoning Ordinance would require construction of turn lane on U.S. 601). Commissioner Niblock seconded the motion which was approved by the following vote: Voting Yes Commissioners Barnhart and Niblock and Chairman Casper Voting No - Commissioners Carpenter and Mills Mr. Hartsell advised that due to recent changes in the law it may be necessary to have a second vote on Petition 97-14. However, he stated a second public hearing would not be required. Mr. Scarbrough clarified that the public hearing on Petition 97-14 is closed. Zoning Text Amendment [Petition 97-03~T~ Relative to Mobile Home Parks] - Public Hearing 7:00 P.M. Mr. Marshall presented Petition 97-03(T) which would make mobile home parks a conditional use in the high density residential district. Chairman Casper opened the public hearing at 8:05 P.M. and asked if anyone wished to address the Board regarding Petition 97-03(T). Ms. Gray Handwerk, Field Coordinator with the North Carolina Manufactured Housing Institute, opposed the text amendment. She stated the addition of a public hearing to the permit process for mobile home parks would be time consuming, discriminatory, unnecessary and redundant.