NORTH CAROLINA GENERAL ASSEMBLY

1959 SESSION

CHAPTER 114

HOUSE BILL 173

AN ACT AMENDING CHAPTER 123 OF THE 1955 SESSION LAWS, AS AMENDED, TO EXTEND THE PLANNING, ZONING, BUILDING REGULATION AND SUBDIVISION REGULATION POWERS OF THE CITY OF CHARLOTTE AND ITS GOVERNING BODY TO A DESCRIBED TERRITORY BEYOND AND SURROUNDING THE CORPORATE LIMITS OF THE CITY OF CHARLOTTE BY SUBSTITUTING AN ENLARGED TERRITORY COVERED BY SAID ACT.

The General Assembly of North Carolina do enact:

Section 1. That Chapter 123 of the 1955 Session Laws of North Carolina, as amended, is further amended by, in Section 2 thereof, striking out the description of territory covered in said Act, beginning in the fourth line of Section 2 of such Act, and continuing to the end of Section 2, and substituting in lieu thereof, the following:

BEGINNING at a point which is the intersection of the center line of Independence Boulevard (U. S. 74 East) and the center line of Irvins Creek, and running thence in a southwesterly direction to a point in the center line of Old Monroe Road, said point being 1000 feet southeast of the center line intersection of Old Monroe Road and Sardis Road North; thence in a southwesterly direction to a point in the center line of Sardis Road, said point being the center line intersection of Sardis Road and an unnamed creek located approximately 1000 feet southeast of Sardis Road South; thence in a southerly direction with the center line of said creek, crossing Alexander Road, to a point in a line which is parallel with and 300 feet South of the center line of Alexander Road; thence in a westerly direction parallel with and 300 feet South of the center line of Alexander Road to a point in the center line of Providence Road (N. C. 16), said point being also in a line parallel with and 300 feet South of the center line of Rea Road; thence in a southwesterly direction parallel with and 300 feet South of the center line of Rea Road to a point in the center line of Rea Branch that crosses Rea Road, said branch crosses Rea Road one mile North of Matthews-Pineville Road and Rea Road intersection; thence in a westerly direction crossing Rea Road and Carmel Road to a point in Park Road, said point being 300 feet South of the center line intersection of Park Road and Sharon Road West; thence in a westerly direction parallel with and 300 feet South of the center line of Sharon Road West to a point 300 feet West of the center line of New Pineville Road; thence in a northerly direction parallel with and 300 feet West of the center line of New Pineville Road to a point 300 feet South of the center line intersection of Old Pineville Road and New Pineville Road; thence in a northerly direction parallel with and 300 feet West of the center line of Old Pineville Road, to W. B. T. Road; thence in a westerly direction parallel with and 300 feet South of the center line of W. B. T. Road to a point 300 feet West of the center line of York Highway No. 49; thence in a northerly direction parallel with and 300 feet West of the center line of York Highway No. 49 to a point 300 feet West of the intersection of Beam Road and York Highway No. 49; thence in a northerly direction parallel with and 300 feet West of the center line of Beam Road to a point 300 feet South of the center line intersection of Beam Road and Steel Creek Road; thence in a northerly direction parallel with and 300 feet West of the center line of Steel Creek Road crossing Byrum Drive to a point 300 feet South of the center line of Dixie Road; thence in a westerly direction parallel with and 300 feet from the center line of Dixie Road crossing Brownhill Road and Coffey Creek to a point 300 feet West of the center line where the New Dixie Road connects with the old Dixie Road, which is also 300 feet North of the center line of the old section of Dixie Road; thence in an easterly direction parallel with and 300 feet North from the center line of the Old Dixie Road to a point 300 feet West of the center line of Stowe Road; thence in a northwesterly direction parallel with and 300 feet from the center line of Stowe Road crossing Dixie Road to a point 300 feet West of the intersection of Wallace Neal and Stowe Road; thence in a northerly direction parallel with and 300 feet West of the center line of Wallace Neal Road to a point in the center line of Old Dowd Road; thence in a northerly direction crossing Southern Railroad to a point in the center line of Wilkinson Boulevard, said point being also in the center line of Ticer Branch; thence in a northwesterly direction to a point in the center line of Tuckaseegee Road, said point being 110 feet southwest of the center line intersection of Tuckaseegee Road and Tuckasee Street; thence in a northwesterly direction to a point which is the center line intersection of U. S. Interstate Highway No. 85 and Paw Creek; thence in a northerly direction to a point in the center line of Moores Chapel Road, said point being 540 feet southeast of the center line intersection of Moores Chapel Road and Gore Street; thence in a northerly direction, crossing Piedmont and Northern Railroad and Seaboard Airline Railroad to a point, said point being the northwest corner of the Henry Hoover estate as shown on map recorded in Map Book 5, Page 283 in the office of the Register of Deeds for Mecklenburg County, North Carolina; thence in a northeasterly direction with the northerly boundary line of the aforementioned Henry Hoover estate to a point in the center line of Mt. Holly Road, (N. C. 27); thence in a northerly direction to a point in the center line of Sadler Road, said point being 600 feet West of the center line intersection of Sadler Road and Gum Branch Road; thence in a northerly direction to a point in the center line of Long Creek, said point being the center line intersection of Long Creek and an unnamed branch and being further described as a point approximately 3700 feet downstream from the intersection of Long Creek and Gum Branch; thence in a northeasterly direction with the center line of Long Creek, crossing Rozzells Ferry Road and Sunset Road to a point in a line which is parallel with and 300 feet northeast of the center line of Sunset Road; thence in a southeasterly direction parallel with and 300 feet northeast of the center line of Sunset Road, crossing Simpson Road, Beatties Ford Road and Reams Road to a point in the center line of U. S. Highway 21 North, said point being also in a line which is parallel with and 300 feet West of the center line of Statesville Road; thence in a northerly direction parallel with and 300 feet West of the center line of Statesville Road, crossing Airway Avenue and Apache Avenue to a point in a line which is parallel with and 180 feet North of the center line of Apache Avenue; thence in an easterly direction parallel with and 180 feet North of the center line of Apache Avenue to a point in the center line of Statesville Road; thence in a northeasterly direction crossing Southern Railroad to a point in the center line of Brown Road, said point being the center line intersection of Brown Road and Mallard Creek; thence in an easterly direction with the center line of Mallard Creek, crossing Mallard Creek Road to a point in a line which is parallel with and 300 feet northwest of the center line of Concord Road (U. S. 29 North); thence in a northeasterly direction parallel with and 300 feet northwest of the center line of Concord Road (U. S. 29 North) crossing Mallard Creek Church Road to a point in a line which is parallel with and 300 feet northeast of the center line of Mallard Creek Church Road; thence in a southeasterly direction parallel with and 300 feet northeast of the center line of Mallard Creek Church Road to a point in the center line of Concord Road (U. S. 29 North); thence in a southeasterly direction to a point in the center line of N. C. Highway No. 49 North, said point being in a line which is parallel with and 400 feet West of the center line of Back Creek Church Road; thence in a southeasterly direction parallel with and 400 feet West of the center line of Back Creek Church Road to a point in the center line of Southern Railroad; thence in a southerly direction with the center line of Southern Railroad to a point in a line which is parallel with and 300 feet northeast of the center line of McLean Road; thence in a southeasterly direction parallel with and 300 feet northeast of the center line of McLean Road, crossing Russell Road, to a point in a line which is parallel with and 300 feet North of the center line of Rocky River Road; thence in an easterly direction parallel with and 300 feet North of the center line of Rocky River Road to a point in the center line of a branch of Reedy Creek, said branch being located approximately 1000 feet East of McLean Road; thence in a southeasterly direction with the center line of said branch of Reedy Creek, crossing Rocky River Road, Plaza Road and Hood Road to a point approximately 1900 feet East of the center line of Hood Road, said point being the northeast corner of White Forest Subdivision as shown on map recorded in Map Book 7, Page 695 in the office of the Register of Deeds for Mecklenburg County, North Carolina; thence in a southerly direction to a point in the center line of Robinson Church Road, said point being 230 feet East of the center line intersection of Robinson Church Road and Hammond Drive; thence in a southerly direction to a point in the center line of Norfolk Southern Railroad, said point being in a line which is parallel with and 650 feet West of the center line of Harrisburg Road; thence in a southerly direction parallel with and 650 feet West of the center line of Harrisburg Road to a point in the center line of Pence Road; thence in a southerly direction to a point in the center line of Albemarle Road (N. C. 27), said point being in a line which is parallel with and 200 feet East of the center line of an unnamed 30-foot roadway between Lots 12 and 13 as shown on map recorded in Map Book 4, Page 643 in the office of the Register of Deeds for Mecklenburg County, North Carolina; thence in a southerly direction with a line which is parallel with and 200 feet East of the center line of said 30-foot roadway for a distance of approximately 1600 feet and continuing therefrom with a straight line projection of said parallel line to a point in the center line of McAlpine Creek; thence in a southerly direction with the center line of McAlpine Creek, crossing Lawyers Road to a point in the center line of Idlewild Road; thence in a southeasterly direction to a point in the center line of Margaret Wallace Road, said point being in a line which is parallel with and 300 feet northeast of the center line of Sam Newell Road; thence in a southeasterly direction parallel with and 300 feet northeast of the center line of Sam Newell Road to a point in the center line of Irvins Creek; thence in a southwesterly direction with the center line of Irvins Creek, crossing Sam Newell Road to the center line intersection of Irvins Creek and Independence Boulevard (U. S. 74 East), to the point of BEGINNING.

Sec. 2. That, any ordinance adopted pursuant to the provisions of Chapter 123 of the 1955 Session Laws of North Carolina, shall continue in full force and effect until replaced by another zoning ordinance adopted pursuant to the provisions of this Act, or repealed by law.

Sec. 3. Any ordinance adopted under the authority of this Act shall have no effect upon any litigation which is pending at the time of the adoption of such ordinance, nor shall any such ordinance validate land use in violation of any existing ordinance of the City of Charlotte.

Sec. 4. All laws and clauses of laws in conflict with the provisions of this Act, except as indicated in Sections 2 and 3 hereof, are hereby repealed to the extent of such conflict.

Sec. 5. The provisions of this Act shall apply only to the City of Charlotte and to the territory within the corporate limits of the City of Charlotte and that territory beyond and surrounding the corporate limits of said city, as described in Section 1 of this Act.

Sec. 6. This Act shall be in full force and effect from and after its ratification.

In the General Assembly read three times and ratified, this the 24th day of March, 1959.