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Cabarrus County Residents Urge Local Officials to “Stop Rezoning Now”


Residents in the Odell and Coddle Creek communities of Cabarrus County, North Carolina, are asking the City of Kannapolis Planning and Zoning Board to zone a 75-acre property owned by the Wayne Brothers Concrete Company as I/O or Agricultural/Open Space. The Board will meet on Wednesday, February 6, 2013, at 6:00 pm in the Kannapolis Train Station, to vote on the proposal. A Campus Development, or CD, zoning was proposed at the January meeting but was tabled by the board until this month’s meeting.

After the City of Kannapolis annexed a 75 acre parcel of land bordered by Davidson Road, Mooresville Road, Sudbury Road, and Odell School Road, thanks to special legislation pushed through the NC General Assembly by Senator Fletcher Hartsell, Jr., Rep. Linda Johnson and then Rep. Jeff Barnhart, they rezoned it for use as an industrial park. The citizens group, STOP REZONING NOW, filed suit in court over this zoning. After many years in court, the North Carolina Supreme Court handed down a decision in January of this year. The decision said that the Kannapolis zoning was declared invalid. At this point, Kannapolis should have started a new rezoning process for this parcel of land. They never did and thus let the property remain unzoned even though the city’s own ordinances state that all property is to have a zoning assigned to it.

Wayne Brothers Concrete Company has applied to Cabarrus County for a permit to construct an industrial building on this site. The City of Kannapolis has informed the county that since there is no zoning on the property, there is no problem with this industrial building being built. Since the county no longer has zoning control over this land, they will issue this permit.

If zoned CD, industrial, heavy commercial, warehousing, and big box retail development will be allowed in this rural area, which was annexed by the city of Kannapolis outside the legal boundaries. The zoning will not be compatible with the rest of the area.

The community has been fighting the rezoning for 7 years. The Cabarrus County Commission originally turned the project down several years ago due to overwhelming resistance from the community, which is why the
Cabarrus delegation to the NCGA pushed through the illegal annexation bill.

Residents are urged to attend the public hearing to speak out against zoning the property CD, and to contact City of Kannapolis, Cabarrus County Commission and NC state representatives to ensure proper zoning of I/O or Agricultural/Open Space.

Residents will continue to raise funds to pay the legal expenses to prevent this spot zoning for as long as the City of Kannapolis continues to illegally zone the property.

For more information, visit, or contact Doug Drake at

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