AG 2007 04 16 - Laserfiche WebLink

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Memo To: Cabarrus County Commissioners From: Susie Zakraisek, AICP, Planning and Zoning Manager CC: File Date: March 26, 2007 Re: Review of Policy for Noticing Planning and Zoning Cases and for Issuing Refunds Related to Planning and Zoning Items As a result of the rezoning of the Smith family property in the 2005 mass atlas amendment, Mr. Archie Smith submitted a letter requesting that a refund be issued by the Board of Commissioners for the rezoning case that the Planning and Zoning Commission considered on November 16~' of 2006 related to the same property (see attached letter). In that letter, Mr. Smith also contended that he and the other family members, owners of the subject property, were not notified appropriately that the rezoning to OI (Office Institutional) was being considered for the property or that the rezoning of the subject property had already occurred. The rezoning request submitted by the Smith family that the Planning and Zoning Commission considered was for property zoned OI, Office Institutional (in 2005) to be rezoned to CR, Countryside Residential. After discussing the letter at the January meeting, the Cabarrus County Board of Commissioners directed Commerce Department staff to address the two issues discussed in the letter with the Planning and Zoning Commission and requested that the Planning and Zoning Commission make recommendations regarding the current noticing policy used for rezoning cases and a refund policy for planning and zoning items. On March 15~', staff presented the letter from Mr. Smith and the request from the Board of Commissioners to the Planning and Zoning Commission. After much discussion, the Planning and Zoning Commission recommends the following to the Board of Commissioners: o Regarding the policy for refunds, the Planning and Zoning Commission voted 9-0 to recommend that refunds for planning and zoning items not be issued for cases that have been noticed properly and that have been processed (or are being processed) by staff. ^ The County Attorney informed the Planning and Zoning Commission that applicants could make requests for refunds, even if a no refund policy was adopted. Consequently, regarding requests for refunds, the Planning and Zoning Commission suggested that any requests be heard and decided by the Planning and Zoning Commission. o Regarding current noticing policy, the Planning and Zoning Commission voted 9-0 to follow the standards established by the State Statutes for planning and zoning items. After reviewing the language of the State Statutes (see attached), the Commission decided that additional noticing was not necessary. • Attached you will find the information presented to the Planning and Zoning Commission. Please review the information and we will discuss the recommendations of the Planning and Zoning Commission for noticing and refunds at your April meeting. ~'!