Some Cabarrus County developers wonder whether a new set of laws designed largely by an
out-of-state consultant can meet local needs for guiding growth.For two years, a group of planners has struggled to write a
standard book of rules for those who build new shopping centers and subdivisions.
Cabarrus County and its four cities and towns
Kannapolis, Concord, Mount Pleasant and Harrisburg already have their own
zoning. The so-called Unified Development Ordinance would replace all of them.
Earlier this month, the group published what it
hopes will become a final draft of the new ordinance. Three inches thick and nearly 600
pages long, it would control every aspect of development from how far buildings
must sit from roads to how many parking spaces and trees new projects must include.
Hopefully, the big stuff is behind us,
Concord Planner Jeff Young said. As you know, there are folks who wish it was
already adopted, and there are folks who wish it was never even out there, who are opposed
to county-wide zoning. But the philosophical issues, I think, are water over the dam
now.
Already, a business group is questioning the
massive manuscript. Written largely by Kansas City consulting firm Freilich, Leitner and
Carlisle, it doesnt address local needs, some say.
Jim E. Scarbrough, an attorney for the Cabarrus
County Building Industry Association, has suggested dropping the proposed ordinance
altogether and sticking to whats in place.
You cant take your entire zoning
ordinance and throw it out the window and replace it with something that someone from
Kansas City wrote, Scarbrough said. You flat out cant do it. Its
like the state of North Carolina cancelling all the laws on its books and implementing all
the laws from another state.
Elected boards expect to adopt some version of the
ordinance in April and make it effective in July. Earlier this month, copies went out to
state agencies, environmental groups, builders and agricultural and developers
groups.
Scarbrough said the proposed ordinance is too
rigid, too detailed and suitable for a more urban area.
I think it creates more problems than it
solves, Scarbrough said. When a law has so many problems with it, its a
sinking ship. You just have to let it go.
Ted Kluttz, president of the Building Industry
Association, said the ordinance still has a long way to go before it will please
developers his group represents.
We find several unusual things in it,
Kluttz said. Theres a lot thats burdensome, time consuming and very
tiring.
The recently published version prohibits
chain-link fences in back yards a restriction usually left to homeowner
associations, Kluttz said.
It refers to a table defining minimum and maximum
parking space, but no such table exists. It forces developers to pay local governments in
land or cash proportional to the amount of parking space they pave. And, it requires
three-foot-high fencing to hide cars in parking lots for duplexes and some other
residential developments.
We feel this is just too much of a burden
and quite frankly difficult to enforce, Kluttz said. Where does it stop? How
will this affect the cost of affordable homes? he asked. The rules that apply
to that $87,900 home, the same ones apply to that $879,000 home.
These are just some of the issues and
were kind of saying, Hey, lets look at this.
Concord developer Mike Quickel, who builds 10 to
12 starter homes a year and occasional multi-family projects, also worries about having to
pass on additional costs to buyers.
A subdivision with as few as eight lots would
require the developer to do a traffic impact study that typically costs $5,000, Quickel
said. One-car garages and carports common with lower priced houses would
have to sit back four feet from the front outside walls of houses. Apartment complexes
with 22 or more units would sometimes require additional turn lanes.
This person (from Kansas City) has come in
and created a huge amount of work, and a lot of it, really, is not to the advantage of our
county, Quickel said. Its a little bit of an overkill. It could price
people out of the marketplace.
Still, Kluttz, Quickel and others who make money
dealing in real estate say they still like the concept of a single set of rules.
There needs to be uniformity, Kluttz
said. We need to be able to make our properties more uniform, more aesthetically
pleasing, but not put an excessive burden on the homeowner.
... We concur that we need a master plan.
Our concern is who designs it, who has input and who actually enforces and regulates
it.
David Mayfield, developer of Afton Village near
Interstate 85 in Concord, is chairman of the committee now studying the ordinance.
Mayfield said a lot of the document doesnt address Cabarrus Countys needs. The
ordinance needs to be less prescriptive and more performance-based, he said.
But he hopes his committee can keep some version
of the new ordinance.
The current version gives developers a complex
choice of clock towers, benches, kiosks, water fountains and other landscaping
rather than letting them be creative on their own, Mayfield said.
Theres just stuff that misses the mark
of what were trying to accomplish, he said. Wed rather leave it up
to the landowner.
A lot will be omitted. It needs to be
simplified. It needs to be reformatted in many ways ... Some of this stuff is very
detailed and may not fit anything we have in the county.
The steering committee studying Cabarrus
Unified Development Ordinance meets again on Feb. 7.
So far, few residents have shown an interest in
the ordinance. The only group to question it publicly since it was mailed out this month
is the Building Industry Association.
Scarbrough said thats typical.
Nobodys going to say anything until it
hurts them in the pocketbook, he said. Its hard to get people talking
about laws until it affects them personally.