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Staff response to Jerry Newton's memorandum dated September 18, 2000. <br />ARTICLE 1 <br /> <br />I. All references and citations to General Statues is for a city not the county. <br /> <br />The model draft was done using the City of Concord as a model. Staff has completed the <br />County's draft using county General Statue citations. In addition, Staff has also completed <br />drafts tailored to Harrisburg and Mount Pleasant. <br /> <br />1.3.1 refers to the ordinance implementing the Comprehensive Plan, 1.3.2 refers the reader to <br />Appendix A, Appendix A's def'mitiun then states that until a comprehensive plan is done the UDO text <br />and map are the Comprehensive Plan. Very circular, not good. <br /> <br />The County does have a set of Area Plans, each of which is a piece of the County's <br />Comprehensive Plan. In addition, 153A-341 does require that zoning be in accordance with <br />a 'comprehensive plan', however, the General Statute fails to provide a definition of what a <br />'comprehensive plan' is. Courts have looked to 153A-344 which mandates that the County <br />create a planning agency and that the agency be required to certify a 'zoning plan' which <br />includes both text (zoning ordinance) and maps (zoning maps). <br /> <br />1.3.3 states that amendments to the zoning map must be consistent with the future land use map in the <br />Comp Plan. If the UDO is the comp plan then how can there be rezoning? <br /> <br />· The County does have a set of Area Plans, each of which is a piece of the County's <br /> Comprehensive Plan. Rezoning decisions should match the goals adopted in each of the <br /> Area Plans. In addition, if the UDO is considered the Comprehensive Plan you must look to <br /> both the both text (zoning ordinance) and maps (zoning maps) to guide decisions. Each <br /> zoning district has a purpose statement (Article 4, Section 4.3) and any application of a <br /> zoning district should coincide with the purpose for which it was created. In this example, <br /> the text provides guidance for the decision to approve or deny a request to amend the zoning <br /> map. <br />· The second sentence in 1.3.3 should be changed to read: Any amendment to the zoning map <br /> must be consistent with the future land use map contained in the Comprehensive Plan <br /> and/or the purpose statement for the zoning district found in Section 4.3. <br /> <br />1.6.4.1 sounds like persons can be severely limited for contested violations if they have more than one <br />project, Doesn't seem fair. <br /> <br />This section would limit the ability of a developer from getting additional permits in the <br />County when violations, such as an Erosion Control violation, occur. This is a policy <br />decision that the Board of Commissioners should discuss. <br /> <br />ARTICLE 2 <br /> <br />1. Only refers to the City of Concord throughout as well as city General Statue references. <br /> <br />The model draft was done using the City of Concord as a model. The draft handed out this <br />evening, uses county General Statue citations. When appropriate, City of Concord has been <br />changed to Cabarrus County and Council changed to Commission. <br /> <br />2.1.1 - If Caban'us County adopts this will there be County Equivalent boards or are they consoliclated? <br />Same question about the staffs of the various jurisdictions? <br /> <br />· Each jurisdiction will maintain its own boards and planning departments. <br /> <br />1 <br /> <br /> <br />