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January 20, 2009 (Regular Meeting) <br />Ms. Morris responded in the negative. She <br />of the Zoning Ordinance and the Land Use Pla <br />understood that property in that area would be <br />it does not have to be associated with a farm. <br />are encouraged in those particular districts. <br />Page 1149 <br />explained that is the intent <br />n. However, she said it is <br />developed residentially, but <br />Further, she said larger lots <br />Chairman White asked Commissioner Privette if he had any other <br />questions. Commissioner Privette responded in the negative. <br />Commissioner Carruth announced he has one more question. He asked what <br />happens if the Board of Commissioners do not approve the rezoning that <br />supports the Land Use Plan. <br />Ms. Morris asked the County Attorney for assistance with that question. <br />Richard Koch, County Attorney, reported this Board entered into an <br />Interlocal Agreement with the City of Concord to jointly develop the Central <br />Area Land Use Plan. That agreement generally provides that both Concord and <br />the County will adopt the Central Area Land Use Plan and then rezone <br />accordingly, consistent with the plan. In the event that one of the two <br />governing bodies does not follow through with what is in the Interlocal <br />Agreement, it would constitute a breach of that agreement. He said the next <br />question would be, "what is the remedy for that breach". In all likelihood, <br />he said the remedy would be that the other party would not follow through <br />with adopting the plan, do the rezonings and end up with no agreement. He <br />said he does not think that because of the solvency of this body with <br />reference to the legislative matters of which it has control, that Concord <br />could make it do something that it has the power to do legislatively. By the <br />same token, he said neither could the County impose the same thing on the <br />City of Concord. He said the net result would likely be no plan and no <br />agreement. <br />Chairman White asked if there were any other questions. Seeing none, <br />he opened the public hearing at 7:90 p.m. The Public Hearing notice was <br />published in THE CHARLOTTE OBSERVER (Cabarrus Neighbors) on December 28, 2008 <br />and January 9, 2009. The Public Hearing notice was also posted on the <br />Cabarrus County website on December 30, 2008. <br />Proponents <br />Chairman White asked the spokesperson(s) for the proponents to come <br />forward and begin the 15 minute time limit. <br />Bob Ritchie, a resident of Rocky River Road in Concord, stated he lives <br />within the affected area of the plan and has the pleasure of serving as Vice <br />Chairman of the Soil and Water Conservation District Board (SWCD). He said <br />he comes before the Board tonight to reiterate that a lot of work has been <br />done and taken place over the last year-and-a-half and to show the <br />appreciation he feels for the Board in being proactive in a time where things <br />are becoming more and more challengincf for the County. He said we, the SWCD <br />Board, were involved as well as municipal boards and the Board of <br />Commissioners as well. He said we really applaud what the consultants of the <br />plan have put together; it is a solid plan that is well thought out that <br />looked over a multifaceted region. He said challenges and opportunities help <br />this Board, municipalities and the citizens of Cabarrus County move forward <br />into this twenty-first century as far as handling growth pressures and <br />development pressures that we all feel. He said basically what we would like <br />to see is the adoption of the annexation plan to stay in compliance with the <br />Land Use Plan. As Mr. Koch has pointed out, he said this Intergovernmental <br />Agreement between the City and the County, if he is not mistaken, is pretty <br />well unprecedented across the state. Again, he said he applauds this <br />commission and the city council for being proactive and having foresight to <br />look ahead and be proactive in that area. He said as far as he understands, <br />the zoning process and rezone process would still be in place even with the <br />adoption of this annexation plan. In closing, he said he appreciates the <br />Board's time and consideration. <br />Chairman White thanked Mr. Ritchie for his comments and asked if there <br />was anyone else who wanted to speak in favor of the rezoning. <br />Jonathan Johnson, resident of George Liles Parkway in Concord, stated <br />he was recently elected to the Soil and Water Conservation District Advisory <br />Board and that he also thinks this is a well laid out plan. He said he would <br />like to see the buffers around streams be a minimum of 150 feet with a <br />maximum of 300 feet for protection of the animals and plant habitats and to <br />minimize the clear cutting of new developments. He said living on George <br />