GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1991

S	2 

SENATE BILL 565
Local Government and Regional Affairs Committee Substitute Adopted 5/9/91

Short Title:  Poplar Tent Beautification Dist.	(Local)
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Sponsors:
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Referred to:
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April 11, 1991

A BILL TO BE ENTITLED
AN ACT TO ESTABLISH THE POPLAR TENT BEAUTIFICATION DISTRICT IN  CABARRUS COUNTY AND TO REQUIRE LAND USE PLANNING IN THE DISTRICT.
The General Assembly of North Carolina enacts:
Section 1.  Election Authorized.  The Cabarrus County Board of Commissioners may call an election in the Poplar Tent Beautification District, described in Section 2 of this act, to submit to the voters in the district the single issue of establishing the Poplar Tent Beautification District and authorizing the annual levy and collection of a special ad valorem tax on all taxable property in the district to beautify the district and protect the citizens of the district by developing and implementing a beautification plan providing for the installation of underground utility lines and facilities, development of buffering, landscaping, design and other appearance requirements, and other beautification projects.  The Cabarrus County Board of Elections shall conduct the election in accordance with Chapter 163 of the General Statutes, and shall certify the results of the election to the Cabarrus County Board of Commissioners.
Sec. 2.  Description of District.  The Poplar Tent Beautification District consists of the following described property:
Beginning at a point on the west edge of the right-of-way of Interstate 85, south along the center course of Coddle Creek to the eastern corner of parcel 5600-21-2500, thence southwest along the southern property line to a point on the northern corner of parcel 5600-20-3567, thence south along the property line of parcel 5600-20-3567 to the northeast corner of parcel 5509-19-8530, thence along the property line of parcel 5509-19-830 to a point on the northeast corner of parcel 5509-18-1553, thence along the southern property line of parcel 5509-18-1553 to the center line of Plantation Road (SR 1436), thence west along the center line of Plantation Road to the center line of Pitts School Road (SR 1305), thence northwest along the center line of Pitts School Road to eastern corner or parcel 4599-67-1383, thence along the southern property line of parcel 4599-67-1383 to a point adjoining the property line on the southside parcel 4589-65-8898, thence northeast along the property line of 4589-65-8898 to a point on the property line of parcel 4589-65-8898 five hundred feet south of the center line of Pitts School Road (SR 1305).  Thence northwest along a line 500 feet west of and parallel to Pitts School Road to the center line of Poplar Tent (SR 1394), thence west along the center line of Poplar Tent Road, thence south along the center line of Dorita Road to the northwest corner of parcel 4680-85-1610, thence along the north and east property lines to a point on the northwest corner of parcel 4680-95-3377, thence east along the north property line of parcel 4680-95-3377, 5394 and 8342 to the northeast property line of parcel 4690-05-0239, thence south along the east property line of 4690-05-0239 to a point on the north property line of parcel number 4590-05-1694, thence east to the north east corner, thence south along the east property lines of parcel numbers 4690-05-1694, 4680-94-8714, 8407, 8215, 7082, 4680-93-7780, 4690-03-0283, 0060, 4680-92-8880, 7674, 6467, 5303, 3222, thence west along the southern property line of parcel number 4680-92-0239, 4680-82-7398, 6454, 4572, 3519, and 1656, thence across Dorita Road to the southeast corner of parcel number 4680-73-1581, thence west along the south property line of 4680-73-1581 to the center course of Rocky River, thence northwest along the center course of Rocky River to the center line of Harris Road (SR 1449), thence along the center line of Harris Road to the center line of Odell School Road (SR 1601), thence south along the center line of Odell School Road, the center line of Untz Road (SR 11444), thence east along the center line Untz Road to center course of Coddle Creek, thence south long the center line of Coddle Creek to the point of the beginning excluding parcel 4690-45-7270.
Sec. 3.  Ballot.  The Cabarrus County Board of Elections shall prepare ballots in the following form for an election called under Section 1 of this act:
"[]	FOR creation of the Poplar Tent Beautification District and the levy of an ad valorem tax, not to exceed five cents (5¢) for each one hundred dollars ($100.00) taxable valuation, to beautify the district and protect the citizens of the district by developing and implementing a beautification plan providing for the installation of underground utility lines and facilities, development of buffering, landscaping, design and other appearance requirements, and other beautification projects.
[]	AGAINST creation of the Poplar Tent Beautification District and the levy of an ad valorem tax, not to exceed five cents (5¢) for each one hundred dollars ($100.00) taxable valuation, to beautify the district and protect the citizens of the district by developing and implementing a beautification plan providing for the installation of underground utility lines and facilities, development of buffering, landscaping, design and other appearance requirements, and other beautification projects."
Sec. 4.  District Established; Tax Levy.  If a majority of the qualified voters voting on an election called under Section 1 of this act vote in favor of creating the Poplar Tent Beautification District and authorizing the levy and collection of an ad valorem tax in the district, the Cabarrus County Board of Commissioners shall, upon receipt of a certified copy of the election results, adopt a resolution creating the Poplar Tent Beautification District and shall file a copy of the resolution with the clerk of the superior court of Cabarrus County.  Upon establishing the Poplar Tent Beautification District, the Cabarrus County Board of Commissioners may annually levy an ad valorem tax on all taxable property in the district in an amount the board considers necessary to develop and implement the beautification plan and projects described in Section 1 of this act, that amount not to exceed five cents (5¢) for each one hundred dollars ($100.00) taxable valuation of property.  The proceeds of this tax shall be used only to develop and implement the beautification plan and projects described in Section 1 of this act.
Sec. 5.  Nature of District; Governing Body.  If created, the Poplar Tent Beautification District shall be a body political and corporate and may provide for the beautification of the district and protection of the citizens of the district by developing and implementing the beautification plan and projects described in Section 1 of this act, and may do all acts reasonably necessary to fulfill this purpose.  The governing body of the district may develop the beautification plan jointly with the City of Concord or Cabarrus County planning and zoning departments, or may consult with staff and use available resources within those departments.  The Cabarrus County Board of Commissioners shall serve, ex officio, as the governing body of the district, and the officers of the board of county commissioners shall likewise serve as the officers of the governing body of the district.  A simple majority of the governing body constitutes a quorum, and approval by a majority of those present is sufficient to determine any matter before the governing body, if a quorum is present.
Sec. 6.  Comprehensive Land Use Plan; Advisory Commission.  (a)	If the Poplar Tent Beautification District is created as provided in Sections 1 through 5 of this act, the governing body of the district, at its first meeting, shall appoint an advisory commission as provided in this section, for the purpose of developing a comprehensive land use plan to be applied within the district boundaries described in Section 2 of this act.  The purpose of the comprehensive land use plan is to identify appropriate land uses and to provide stability within the district with respect to future changes in land use.  The advisory commission shall consist of seven member:  three members selected by the City of Concord Board of Aldermen, three members selected by the Cabarrus County Board of Commissioners, and one member selected by the other six members of the advisory commission.  Of the three members selected respectively by the city and the county, one shall be an elected official and may be a member of the respective governing board, and the other two shall not be elected officials.  The advisory commission shall appoint a chairman from among its members, and the chairman shall vote only in case of a tie.
(b)	The advisory commission shall hold public hearings, solicit comments and recommendations for appropriate present and future land use within the Poplar Tent Beautification District, and shall develop a comprehensive land use plan designating appropriate land uses for the district.  The comprehensive land use plan shall become binding as set forth in this section, only upon adoption of the plan by a majority of the members of the advisory commission.  After adoption by the advisory commission, the plan is binding upon Cabarrus County and, in the event that any portion of the Poplar Tent Beautification District is annexed by a municipality or in any other way becomes subject to the zoning jurisdiction of a municipality, the plan is binding upon that municipality.  The binding characteristic of the comprehensive plan under this section is that the local government upon which the plan is binding shall zone areas depicted in the plan in accordance with the land uses designated in the plan.  After its adoption by the advisory commission, the comprehensive land use plan developed under this section shall not be changed or repealed except upon a majority vote of the governing bodies of both the City of Concord and Cabarrus County in favor of a specific change or repeal.
Sec. 7.  For a period beginning on the effective date of this act, and ending on June 30, 1993 or on the date that a comprehensive land use plan is adopted under Section 6 of this act, whichever occurs first, no local governmental authority other than Cabarrus County may exercise zoning jurisdiction within the Poplar Tent Beautification District area as described in Section 2 of this act, provided that this act does not limit any zoning authority the City of Concord may have within the Poplar Tent Beautification District area by virtue of Chapter 63 of the General Statutes.
Sec. 8.  Section 3 of Chapter 233 of the 1987 Session Laws reads as rewritten:
"Sec. 3.  This act shall apply only to Orange County and Cabarrus County and to municipalities located within those counties."
Sec. 9.  This act is effective upon ratification.  Section 6 of this act expires on June 30, 1993 if no comprehensive plan has been adopted by the advisory commission as set forth in that section before that date.