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390 Finding: The proposed development fronts on a major thoroughfare and can be served by public water and sewer. A letter that such connection will be allowed should be made a condition to rezonin~ approval. Adequacy of unified control. Finding: No common facilities are planned and the developer will provide deed restrictions if needed. D. Suitability of plans. Finding: Due to the "looseness" of the PDO regulations the rezoning should impose conditions concerning: 2. 3. 4. Minimum lot area and width. Average lot area. Minimum side, front and rear yard requirements. Delineate exterior boundary line of R-9/PDO-H. Recommendation Based upon the above finding, I recommend that the R-9/PDO-H be approved on the condition that: A letter be obtained from Kannapolis stating water and sewer service will be allowed to tie onto their system. That the PDO be restricted as follows: a. Minimum lot area shall be 7,200 square feet, side yard 5 feet one side (if provided), 15 feet total. b. Average lot area excluding any common open space if provided shall be 8,910 square feet (9,000 square feet minus 10% bonus density). Exterior boundary line be delineated by metes and bounds. There was no one present to speak against the rezoning request. UPON MOTION of Commissioner Upright, seconded by Chairman Lentz and unanimously carried, the Board approved Petition 86-04 as amended by Mr. Ron Page to rezone approximately 12.25 acres of Map/PIN 5622-36-2513 located off Highway 136 By-Pass from R-40 to R-9/PDO-H based upon the findings and conditions recommended by the Planning Director with the substitution of 2(b) being an average lot size of over 13,500 square feet. The legal description for the portion of Map/PIN 5622-36-2513, township 4, rezoned from R-40 to R-9/PDO-H is as follows: Beginning at a point on the east side of property now or formerly owned by L. W. Earnhardt Map/PIN 5622-36-2513. This point is located at the centerline of unnamed creek where it abuts the east side of the N.C. Highway 136 right-of-way; thence in a south westerly direction for 736.83 feet to a new corner; thence in a north westerly direction for 491.79 feet to the corner of lots 3 and 4 of the A. B. Palmer Addition to Royal Oaks (recorded in map book 7, page 40); thence in a north westerly direction for 262.43 feet to a point in the Oklahoma Street right-of-way; thence in a north eastern direction for 17.00 feet; thence following the property owned now or formerly by Royal Oaks Sanitary District in a north westerly direction for 300.9 feet; thence in a north easterly direction for 592.66 feet to the centerline of the aforementioned unnamed creek; thence with the centerline of the unnamed creek in a south easterly direction to the point of beginning. (2) Petition 86-05. Sparta Brook Homes, Inc., township 1, off Robinson Church Road and Mecklenburg County line, Map/PIN 5505-84-4103. Wishes to rezone from ARR to R-30. The Board voted 5-0 to approve this petition.