HomeMy WebLinkAboutC.054.93009_0473APR 51994 454
project, i.e. the area south of Chuckwood Road.
(By way of explanation, this would prevent any spray field
application from being put in the area where it was originally
proposed off MCKendree Road.)
F. Owners, i.e., Crescent Properties, will dedicate to the
Department of Transportation such road right-of-way as the
Department of Transportation requires.
(Note: Map showing colors is filed in Clerk's Office,
permanent file marked "Brawley School Peninsula Rezoning -
4/05/94.)
The following discussion was held on the motion:
BOONE: Commissioner Boone said he thought there needs to be
some explanation concerning the legality of the motion.
Chairman Haire asked Mr. Pope to address the legality of the
motion. Is it in order? she asked.
BILL POPE: The motion as stated, I don't think, is in order
at this time. The law, as I understand it, is that you have a
request before you to rezone the property. I don't think it is
lawful for you to rezone it and impose conditions that are not
imposed on other people in the same zone. What you can do, what is
lawful, is for a Conditional Use District Zoning.
Conditional Use District Zoning does require the consent of
the property owners. It has to be with their permission and
consent. In order for this motion to be lawful, it is my opinion
that the petitioner will have to indicate a desire to amend his
petition to accept these conditions and to impose it as a
Conditional Use Zoning District.
CHAIRMAN HAIRE: Mr. Stevenson, would you come to the
microphone and give us an answer on this?
STEVENSON (CRESCENT): Madam Chairman, we would agree with Mr.
Boon's motion.
CHAIRMAN HAIRE: Thank you, Mr. Stevenson.
POPE: And will you agree to amend you application to such
that it would become a request for a Conditional Use Zoning,
subject to the conditions as stated by Mr. Boone in his motion?
STEVENSON: Yes, sir. We would.
CHAIRMAN HAIRE: Thank you air.
Further discussion:
BOONE: I said in December I had rather live in a county
suffering from the problems of growth as to live in a county where
there is no opportunity and suffering from the opposite problems.
And I still stand by that. But as it has been pointed out tonight
at length, growth does bring increased traffic, pollution, more
demand for taxpayers' services, etc. it does bring problems. I
grew up in Iredell County; I have lived here most of my life; I
enjoy our rural way of life; and I cherish our heritage. I don't
want us to become Mecklenburg County North.
By the same token, I realize we can't build a wall and keep
people out, and even if we could I don't think we should stop
people from developing their property. But for good or ill, we do
have zoning laws which allows us to regulate growth and
development, and insofar as possible we should use this authority
to ensure that development maintains our quality of life.
I would have preferred on the Brawley School peninsula to have