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January 20, 2009 (Regular Meeting) Page 1157 <br />5599877719, 5549885136 and 5599882359. He said as shown on the first paper <br />he handed the Board, that property was zoned as medium density when he put it <br />under contract. However, he said it was very quickly or before closing, <br />reduced to "low density". He said if you compare "Appendix B - Products of <br />the Charrette" that shows options A, B and C that were shown to citizens at <br />the fair grounds to vote on, to his parcels, none of his property would be <br />down zoned. He said he attended the meetings held at the fair grounds and <br />feels like he is being counted as a supporter of the plan which he is not and <br />never has been. He said citizens at the fairgrounds meeting were given "this" <br />to vote on, these choices, and none of those are "this" plan; especially as <br />it relates to my properties. He said if these plans that were given to them <br />to vote on became the plan, then he would not be here about the down zoning <br />of his property as it would not have led to a down zoning of those parcels. <br />He said that is similar to what was going on at the fair grounds and what was <br />spoken of by at least one speaker tonight that the plans that they had to <br />vote on at the Fair Grounds do not match the present reality. <br />Steve Smith thanked the Board for the opportunity to speak. He said he <br />is the owner of Superior Industrial Maintenance Company located at 9801 <br />Stough Road. Based on his review of the county zoning from Highway 49 <br />traveling toward Frank Liske Park, he said all the land to the right-hand <br />side of Stough Road is zoned G1 or heavy industrial, including the land that <br />goes into the City. He said on the back-side of the property there is a <br />railroad track that serves Philip Morris, Jackson Training School owns a <br />large tract of land on the other side of the railroad track and there is no <br />residential property located in this area. He said the current general <br />industrial zoning is compatible with the property that surrounds the small <br />track of heavy industrial land and there are businesses out there already <br />such as: cement plants, Weyerhaeuser, Old Castle, 84 Lumber, Speedway <br />Plumbing, and a salvage yard. He said we have all these businesses there now <br />and he wants to encourage the Commissioners to leave this county property <br />zoned heavy industrial and leave the property the City has just right up the <br />street on the same side of the road as heavy industrial. In closing, he said <br />he does not really see what the advantage would be to change this particular <br />tract of land. <br />Close o£ Public Hearing <br />Chairman White asked if anyone else would like to address the Board <br />regarding a particular piece of property. Seeing no one, Chairman White <br />closed the public hearing at 8:32 p.m. and asked the other Commissioners for <br />any comments or questions. <br />In response to a question posed by Commissioner Privette, Jerry Newton <br />explained to the Board that general contract zoning is when one party agrees <br />to rezone property if the other party agrees to do something. He went on to <br />state the following: the Interlocal Agreement between Concord and the County <br />contains a clause that resembles contract zoning; the land use plan adopted <br />by the Board allows the County to implement a lot of the growth strategies <br />that control development without having to enter into an Interlocal <br />Agreement, which goes beyond what North Carolina law permits; etc. <br />Commissioner Carruth asked Ms. Morris to explain why farmland is exempt <br />from zoning. Ms. Morris responded that if a piece of land is classified as a <br />bona fide farm, the property is typically exempt from having to get permits <br />for buildings. She stated it would also have different stipulations that <br />apply to the actual agricultural activity on the property, noting an extra <br />house could be built on the property if the home is for someone that works on <br />the farm and the property owner would be allowed to plow the property without <br />a soil and erosion control permit. <br />Commissioner Carruth asked Ms. Morris if any calculations had been <br />done to compute the total number of homes to be built in the area if it was <br />zoned CR versus A0. Ms. Morris responded based on a rough calculation, AO <br />zoning classification without any open space would allow for approximately <br />thirty-three lots within one hundred acres. If ten percent is subtracted <br />from the one hundred acres for roads, that would leave ninety acres on which <br />approximately twenty-seven, three-acre lots could be placed. She went on to <br />state that water and sewer is not permitted in the AO zoning district; <br />therefore, the minimum size lot in that district will be one acre as <br />established by the Zoning Ordinance. She further stated that a one acre lot <br />in the AO zoning district will have to maintain self-supporting well and <br />septic systems because public utilities are not available or permitted. She <br />further reported the following: in a conventional subdivision in the CR <br />zoning district, the lots become one unit per two acres, which does not <br />require that any type of open space be dedicated; these lots can be extended <br />