Kannapolis council increases property value, but owner says he still won't sell

Sunday, October 25, 2009 3:05 AM  |  Printer friendly version | E-mail to a friend |

By Emily Ford

eford@salisburypost.com

KANNAPOLIS — By one vote, Kannapolis City Council agreed to rezone a small lot near the N.C. Research Campus so the property owner will get a better price if the health department seizes his land.

Council voted 4-3 Monday night to rezone Mike Kennedy's property at 313 S. Juniper St. from residential to commercial.

"We applaud entrepreneurship every day in our community," Councilman Darrell Hinnant said.

Though the vote probably doubled the value of his property to $160,000, Kennedy said he still refuses to sell to the Cabarrus Health Alliance, which wants the block at the corner of N.C. 3 and Loop Road for a new building. Kennedy's property would become a parking lot.

"I don't care how it went tonight either way," he said after the vote.

Kennedy said he's hired an attorney who specializes in fighting eminent domain — the government's right to seize private property for public use — and will challenge any effort to take his land and home.

Kennedy's surprise victory could inspire other property owners to try boosting their land values through rezoning.

A family with a home near Kennedy's congratulated him after the vote and said they will consider his strategy.

"How smart were you to do that," Michelle James said.

Her parents, Edward and Lovell Gibson, live at 321 S. Juniper. While their home won't be seized for a new health department, it could be in danger from other development, she said.

"The rest of the neighborhood should take notice," she said.

Council member Roger Haas warned against setting a precedent before he voted to deny Kennedy's request. Council member Ken Geathers and Mayor Bob Misenheimer also voted no.

"I don't know what we would say to the next guy if we approved (Kennedy's) rezoning with no conditions," Haas said.

Kennedy made an unusual "straight" rezoning request, meaning he did not provide a reason or any plans for future use of the property.

The Kannapolis Planning and Zoning Commission had recommended the rezoning, indicating a desire to increase the overall value of the property.

But Dr. William F. Pilkington, Cabarrus County's health director, appealed the board's decision, asking City Council to maintain the current zoning until a comprehensive plan has been determined for the block.

City staff recommended denying Kennedy's request.

If Kennedy's property were rezoned but the Health Alliance didn't build there, the city would have one small commercial lot in a residential area, Planning Director Ben Warren said.

"It's a perfect fit if the Health Alliance does locate there, but with no guarantees of this happening, that's where we were concerned," Warren said.

Hinnant said with the growth of the Research Campus, the area won't stay residential for long.

"Why am I fooling myself? Whether it's today or tomorrow or next week, something's going to go on that corner and it's going to be commercial," he said. "Why deny these people the right to do this thing?"

Council members were in the awkward position of increasing the value of land the city eventually will buy.

The city will use $15 million from self-financing bonds to pay for the new health department.

"The city will be purchasing this property," City Manager Mike Legg said, "assuming the Health Alliance will go there."

Hinnant was undeterred.

"It may actually cost this city more money, but I think it's the right thing to do," he said.

Council members Richard Anderson, Gene McCombs and Randy Cauthen also voted to rezone.

Two other property owners already sold residential lots to the Health Alliance for $115,000 and $123,000. David Murdock, founder of the Research Campus, owns commercial property on the block but will not fight eminent domain.

Kennedy hinted that he would sell for the right price, which he declined to give.