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283 UPON MOTION of Commissioner Lentz, seconded by Commissioner Milloway, with Commissioners Lentz, Milloway, and Barnhardt and Chairman Nash voting for and Commissioner Payne voting against, the Board denied Mr. Fletcher Hartsell's request for postponement of Petition 83-07. Mr. Fletcher Hartsell withdrew Petition 83-07 on behalf of the owners and petitioners. Mr. Carl Gaskey alleged that the withdrawal of the petition was a legal maneuver by Mr. Hartsell and asked that the Board deny the withdrawal of the petition and act upon the matter at that time. The motion by Commissioner Milloway to affirm the Planning Board's denial of Petition 83-07 died on the floor as Chairman Nash stated that the request for rezoning had been withdrawn by the petitioners. (4) A. A. Linker. Petition 83-08. Old Salisbury-Concord Road. Township 5. Map/PIN 5633-89-3574, 89-3404, 89-9301. 5633(02) 5643(01)-88-8985. Wishes to rezone from R-30 to C-4. Planning Board passed rezoning request. UPON MOTION of Commissioner Milloway, seconded by Commissioner Barnhardt and unanimously carried, the Board affirmed the Planning Board's approval of Petition 83-08 to rezone the property as listed above from R-30 to C-4. (5) J. W. Duckett. Petition 83-09. Township 4. Corner of S. Main Street, Bethpage Road and Aileen Street. Map/PIN 5613(11)-55-1019. Wishes to rezone from C-2 to RMF,6. Planning Board recommends a RMF-7 zone. Mr. J. W. Duckett, petitioner, presented a site plan for the construction of condominiums on the property. He stated he had no opposition to the RMF-7 zoning as approved by the Planning Board and spoke in support of the rezoning by the Board of Commissioners. Mr. R. S. Murphy, speaking on behalf of himself and Barefoot Oil Company, opposed the rezoning of the property, stating that the construction of the condominiums at that site would make the area too congested. He also questioned the petition filed by Mr. Duckett for the zoning change as he stated Mr. Duckett was not the legal owner and had only a contract to purchase the property. UPON MOTION of Commissioner Barnhardt, seconded by Commissioner Lentz and unanimously carried, the Board approved Petition 83-09 to rezone MAP/PIN 5613(11)-55-1019 from C-2 to RMF-7 subject to the receipt of~a letter of approval for the rezoning from the present land owner. (6) James Whitley. Petition 83-10. Township 1. Highway 49. Map/PIN 5528-27-2753. Wishes to correct mapping error so that all property will be in I-X zone, as was the intent when zoning was enacted. Planning Board passed rezoning request. Mr, James Whitley requested that the property be zoned I-X as he stated it should have originally been zoned. UPON MOTION of Commissioner Barnhardt, seconded by Commissioner Payne and unanimously carried, the Board approved Petition 83-10 by Mr. James Whitley to zone Map/Pin 5528-27-2753 located in Township 1 on Highway 49 as I-X in order to correct an error in the original Zoning Atlas. ZONING TEXT AMENDMENTS (i) Page 98 Section 9.7-6. Subsection A. Additional information In addition to the information required by Section 9.2-A, the following information shall be supplied as part of the application: Amend to read. In addition to the information required by Section 9.2-A in regard to the R-40 zone, the following information shall be supplied as part of the application. Denied by the Planning Board. Mr. Jack Rankin explained that this proposed text amendment was in regard to the application for a conditional use for the extraction of earth products and the extraction of rare and precious metals. It was noted that Section 9 of the Zoning Ordinance relates solely to conditional uses and that the application for a conditional use as outlined by Subsection 9.7-6 is not required by Cabarrus County for the extraction of earth products in the A-2, A-I, ARR, or I-2 zones as it is a permitted use in those zones.