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January 5, 2009 (Work Session) Page 1120 <br />agreement with the City; if the County chooses not to rezone a small number <br />of parcels consistent with the plan, the City will not consider that a breach <br />of the agreement; the Concord Planning and Zoning Board is waiting to see <br />what the County does before they complete their part of the zoning process; <br />the Cabarrus Planning and Zoning Commission did consider that when they <br />deliberated on the rezoning; etc. <br />Vice Chairman Mynatt reminded the Board that she has recused herself <br />from the votes regarding the Central Area Land Use Plan because she owns <br />property in the area. <br />In response to questions posed by the Board, Mr. Marshall explained if <br />a property owner wishes to appeal the rezoning of their property, one could <br />file an individual rezoning petition and appear before the Cabarrus Planning <br />and Zoning Commission and ultimately appeal to the Board of Commissioners. <br />Mr. Marshall and John Day, County Manager, also explained that zoning <br />classification is considered when a piece of property is appraised and a <br />property owner has the option to appeal a property valuation. <br />At the request of Chairman White, Ms. Morris reported several meetings <br />regarding the land use plan have been held for public input, including five <br />advisory committee meetings, six community meetings, one joint elected <br />officials meetings, two open houses, and a public hearing; additionally, <br />approximately 9,000 letters were sent at two different times to residents in <br />the area regarding meetings that were to be held. She added that a three-day <br />charrette process was also held between the City of Concord, the City of <br />Kannapolis and Cabarrus County, as well as several county departments. <br />Mr. Day added that plans adopted by two or more jurisdictions are not <br />uncommon; however, this plan is unique because the Board of Commissioners and <br />the City of Concord entered into a contract to implement and enforce the land <br />use plan. <br />Ms. Morris and Mr. Day responded to a variety of questions from the <br />Board concerning zoning and development in different areas affected by the <br />land use plan. The following topics were discussed: commercial development <br />and low density residential zoning along Highway 49; the development of <br />property located within the land use plan; etc. <br />A lengthy question and answer session ensued in which Ms. Morris, Mr. <br />Koch, Mr. Marshall and Mr. Day responded to questions from the Board. <br />UPON MOTION of Vice Chairman Mynatt, seconded by Commissioners Poole <br />and unanimously carried, the Board voted to place Commerce Department - <br />Rezoning Case C2008-4-R Central Area Plan Implementation on the January 20, <br />2009 Agenda as a New Business item. <br />Commerce Department - Project Ordinance for HOME Program Funds <br />Kelly Sifford, Community Development Manager, presented information <br />related to a Project Ordinance for HOME Program Funds. She stated the <br />adoption of a budget amendment and project ordinance is needed to allocate <br />the funds in a previously approved contract. <br />UPON MOTION of Commissioner Poole, seconded by Vice Chairman Mynatt, <br />and unanimously carried, the Board voted to place the Project Ordinance and <br />related budget amendment for HOME Program Funds on the January 20, 2009 <br />Agenda as a Consent item. <br />09 <br />Susie Morris, Planning and Zoning Manager, presented information <br />related to the Adequate Public Facilities Voluntary Mitigation Payment <br />Adjustment for 2009. She reported the Adequate Public Facilities Ordinance <br />(APFO) allows the Voluntary Mitigation Payment amount to be evaluated for <br />adjustment on January 1 of each year. She then reviewed the following <br />proposed adjustments: <br />Type of Unit Current Total Current Amount Adjusted 658 of the Proposed <br /> Amount of fox Voluntary Amount for Adjusted Amount to be <br /> Voluntary Mitigation Voluntary Amount for Adopted Based <br /> Mitigation Payment Based on Mitigation Voluntary on <br /> Pdyment Commissioner Payment Mitigation Commissioner <br /> Policy of 658 for Year Payment for Policy of 658 <br /> 2009 Year 2009 <br />