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189 <br /> <br />(3) <br /> <br />Petition 85-03. Addition of Section 10.4, page 115. Withdrawal of <br />Petitions - A petition for rezoning of property or text amendment to <br />the ordinance may be withdrawn at any time up to, and including the <br />date of the Planning Board meeting. After that time, requests to <br />withdraw a petition must be filed with the Clerk to the Board of the <br />County Commissioners, and the day of the Public Hearing the Commissioners <br />will decide if the withdrawal will be allowed. This was approved <br />unanimously by the Planning Board. <br /> <br /> Mr. Wesley Grant, attorney, objected the proposed definition, stating <br />it was unclear and should be reviewed by lawyers to clear up all "what if" <br />situations. <br /> The motion by Commissioner Payne and seconded by Chairman Lentz to <br />approve the proposed Text Amendment as recommended failed with Commissioner <br />Payne and Chairman Lentz voting for and Commissioners Hamby, Barnhardt, and <br />Upright voting against. <br /> The Board requested that Commissioner Hamby work with Attorneys Gordon <br />L. Belo and Fletcher L. Hartsell, Jr., to draft an appropriate text <br />amendment regarding withdrawal of petitions. <br /> <br />(4) Petition 85-04. Amend Section 10.2, page 114. Amendment Applications. <br /> <br />FROM: <br />Applications for amendments shall be filed in the office of the <br />Zoning Official and shall be also accompanied by a fee to be set by <br />the County Commissioners. An application for an amendment that has <br />been denied in whole or in part or has been approved for a more <br />restrictive classification than requested shall not again be pro- <br />cessed for consideration by the Board of County Commissioners for <br />a one (1) year period. The Board of County Commissioners, after <br />considering the advice of the Planning Board, and finding that there <br />have been substantial changes in conditions or circumstances bearing <br />on the application may waive that one (1) year from the denial or <br />approval from a more restrictive classification. <br /> <br />TO: <br />Applications for amendments shall be filed in the office of the <br />~lanning~epartment and shall be also accompanied by a fee to be <br />set by the County Commissioners. An application for an amendment <br />that has been denied in whole or in part or has been approved for <br />a more restrictive classification than requested shall not again <br />be processed for consideration by the Board of County Commissioners <br />for a one (1) year period. The Board of County Commissioners, <br />after considering the advice of the Planning Board, and finding <br />that there have been substantial changes in conditions or circumstances <br />bearing on the application may waive that one (1) year period within <br />one (1) year from the denial or approval for a more restrictive <br />classification. <br /> <br />This was approved unanimously by the Planning Board. <br /> <br /> No one spoke either for or against the proposed amendment. It was noted <br />that the only change in Section 10.2 was the substitution of Plannin~ <br />D_~artment for Zoning Official . <br /> UPON MOTION of Commissioner Upright, seconded by Commissioner Barnhardt <br />and unanimously carried, the Board approved the proposed text amendment <br />as recommended by the Planning Board with the only change in Section 10.2 <br />to be the change from Zoning Official to Plannin~ Department and the remainder <br />of the Section to read as found in the Cabarrus County Zoning Ordinance. <br /> <br />(5) Petition 85-05. Amend Section 3-2.4, Schedule of Use Regulations, <br /> page 13 line items: <br /> <br />FROM: Extraction of Earth Products <br /> <br />A-2 A-I ARR R-40 I-2 <br />P P P C P <br /> <br />TO: Extraction of Earth Products A-2 A-I ARR R-40 I-2 <br /> C C C - P <br /> <br />Delete line item: Extraction of heavy, rare and precious metals. <br /> <br />This was approved 3 to 2 by the Planning Board. <br /> <br /> <br />