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Cabarrus Zoning Update

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The Odell Community had a Meeting last Sunday to discuss the Zoning on the Keith Wayne property. Based on some feedback I have received from my last e-mail I thought I would provide a some more information to help clarify some questions on this meeting and why we are proceeding with this path of taking Kannapolis back to court.

- On 2-11-2013, an appeal was filed with the City of Kannapolis. This appeal contests the validity of the Campus Development zoning that was applied to the Wayne / Crosland property at last week’s Planning and Zoning Board session.  This zoning matter should now be referred to the Kannapolis City Council for a vote.  When we find out information about when this meeting will be held, we will put it on the website, www.stoprezoningnow.com.

- Last Year on 3-18-2012,  the North Carolina Supreme Court issued a ruling in our court case against the City of Kannapolis.  They determined that the rezoning that was put on the Wayne Brothers Concrete Company site (Concretecere) was illegal.  The City of Kannapolis was notified that the zoning was no longer valid.  The Supreme Court voided the rezoning based on the fact that Kannapolis did not following proper procedures and their own process.

With that, the court ruled the zoning was now invalid and did not rule on most important topic of Spot Zoning.  So this gave Kannapolis an out and any normal person would take the hint, but as we know Kannapolis has a knack for wasting its taxpayer money for wealthy developers.  Kannapolis did nothing for almost a year, again not following their own process and procedures of having land in the city limits zoned within 30 days. We had many areas presented to court in the last years hearing, one was the  illegal Spot Zoning and other minor issues included the incorrect process Kannapolis followed.  Of course the court took the simplest and easiest out and ruled on the topic of Kannapolis not follow proper procedures and rule the rezoning now invalid.   Since the rezoning was now invalid they chose not to rule on the illegal Spot Zoning, even though we ask the court to rule on that topic as well.  The court also did not give Kannapolis direction or a proper course to follow, so Kannapolis did what any insane person would do, the same thing as before expecting a different outcome.

We are taking Kannapolis back to court and this time asking the court to only focusing on the one important issue, the Spot Zoning which is not in accordance with the surround properties and thus illegal.  We will also ask the court to provide direct for Kannapolis on the proper zoning of the property so we don’t have to do this again.  The property should be zone in accordance to surrounding properties to be zoned either Office Institutional or even lower back to the old Agricultural Residential.

Now you may ask what is Spot Zoning,  From the web:

Spot zoning is the application of zoning to a specific parcel of land within a larger zoned area when the rezoning is usually at odds with a city’s master plan and current zoning restrictions. The rezoning may be for the benefit of a particular owner, and at odds with pre-existing adjacent property owners. The Standard State Zoning Enabling Act states “all such regulations shall be uniform for each class or kind of building throughout each district.” Courts may rule certain instances of spot zoning as illegal.

Such a change may have a legitimate use, such as when a community wishes to have more local control of land use. This may occur in a ruralcounty which has no zoning at all, where a village or hamlet may wish to maintain its characteristic feel and historic appeal (often to protect tourism), without adding another layer of local government and taxes by creating a municipality. The county designates the boundaries (often that of an already census-designated place) and maintain regulations through the county commission instead of a separate town council.

It may also be invalid as an “arbitrary, capricious and unreasonable treatment” of a limited parcel of land by a local zoning ordinance. It is an invalid exercise of authority, if spot zoning is not a right conferred upon the body by the state’s zoning enabling statute, because it deviates from the plan set out by the enabling statute.

Courts have found that spot zoning occurs where one lot or a small area of land has been singled out for treatment less onerous than that imposed upon nearby, indistinguishable properties. Such as this case where we have Agricultural Residential zoning surrounding the Wayne property.  The Courts have found that spot zoning arises “where a zoning change is designed solely for the economic benefit of the owner of the property receiving special treatment and is not in accordance with a well considered plan for the public welfare.”

Spot zoning is illegal on both constitutional and statutory grounds. But the issue can be a complicated one and often with many factors having to be taken into account.

We will continue to have fund raising activities and look to the community to help us on this front.  We will be holding another BBQ in April 13th , if you would like to help please contact  Yvonne Michael at Hairsmine@aol.com.

If you have questions please feel free to contact me.

At this point we have not raise a sizable about of money towards our goal of $10,000 for this new rounds of lawsuits to prevent this spot zoning. Friends, neighbors we need to step up to the plate now if we want to put a stop to this industrial park.

- Odell Legal Fund 
The Odell team is still looking at this new round of fights that will be coming up, we need to add additional funds  to meet the needs.   We are running a fund raising drive, our goal is to raise $10,000.  This should cover our next legal round with Kannapolis, as long as they continue to illegally zone the property as they plan to do we have to fight this the only way we can, through the courts.   Please consider sending in a donation now, if funds are tight consider sending in monthly payments like $10 or $20, we can reach our goal if we just start giving..
The site now allows us to use Pay Pal to contribute to the cause or you can still pay by checks as before.

http://stoprezoningnow.com/Donate.htm

Or 

mail checks to:
 

Odell Legal Fund

P.O. Box 122, 

Davidson, NC 28036

Please Make Checks Payable to Odell LEGAL FUND 

For history information on this topic please go to our web site http://stoprezoningnow.com

This post was submitted by Doug Drake.

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