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May 28, 2009 (Recessed Meeting) Page 1418
<br />Darrell Furr, 3800 Cold Springs Road South, Concord, stated the subject
<br />property is located on Miami Church Road. He reported that currently, there
<br />are no water and sewer lines, however, lines will be installed for a new
<br />school. He expressed dissatisfaction with not being able to tap onto the
<br />utility lines and stated his desire for the property to be zoned back to CR
<br />so that the property can be divided into two-acre lots. Further, Mr. Furr
<br />responded to questions from the Board regarding the shape of the property and
<br />the ability to divide the property into a minor subdivision.
<br />With there being no one else to address the Board, Chairman White
<br />closed the public hearing.
<br />UPON MOTION of Vice Chairman Mynatt, seconded by Chairman White with
<br />Chairman White, Vice Chairman Mynatt, and Commissioner Poole voting for and
<br />Commissioners Carruth and Privette voting against, the Board denied the
<br />rezoning request for Parcel Identification Number 5598-67-0967, Case 2009-
<br />14(R) - Kenneth Furr and Wife.
<br />UPON MOTION of Commissioner Carruth, seconded by Commissioner Poole and
<br />unanimously carried, the Board adopted the following Consistency Statement as
<br />it relates to rezoning case 2009-19(R) - Kenneth Furr and Wife, Parcel
<br />Identification Number 5598-67-0967: the proposed rezoning is not consistent
<br />with the Central Area Land Use Plan and it is not reasonable and is not in
<br />the public interest because it is not consistent with the plan and the
<br />surrounding properties are zoned Agricultural Open and of similar use.
<br />(C-13) Rezoning Case 2009-17 (R) - Samuel F. Davis - Zoning Atlas Amendment
<br />to Rezone Property from AO to CR
<br />Chairman White disclosed that Samuel Davis is one of his business
<br />partners. He stated he has no knowledge of what this property is for, has no
<br />interest in it and will receive no benefit from it. He asked the County
<br />Attorney if he should recuse himself from consideration of this item.
<br />Richard Koch, County Attorney, stated it does not appear to be a true
<br />conflict but it would be preferable for Chairman White to recuse himself.
<br />UPON MOTION of Chairman White, seconded by Commissioner Privette and
<br />unanimously carried, the Board recused Chairman White from voting on Rezoning
<br />Case 2009-17(R) - Samuel F. Davis, Parcel Identification Numbers 5651-19-
<br />4883, 5651-19-3799, 5651-19-6846 and 5652-10-0091.
<br />UPON MOTION of Chairman White, seconded by Commissioner Privette and
<br />unanimously carried, the Board recused Chairman White from voting on Rezoning
<br />Case 2009-18 (R) - Samuel F. Davis, Parcel Identification Numbers 5652-00-
<br />6562, 5652-00-7339, 5652-00-9463, 5652-00-5236, 5652-00-3319, 5652-00-3261,
<br />5652-00-1335, 5652-00-1176, 5651-09-2906, 5651-09-2739, 5651-09-4813, 5651-
<br />09-5857, 5651-09-6990, 5651-09-2565, 5651-09-9558, 5651-09-5692, 5651-09-
<br />7635, 5651-09-8688 and 5651-19-0731.
<br />Chairman White left the Board of Commissioners' Chamber at 5:06 p.m.
<br />and turned the meeting over to Vice Chairman Mynatt.
<br />Susie Morris, Planning and Zoning Manager, presented the following
<br />information regarding Rezoning Case 2009-17 (R) - Samuel F. Davis, Jr.: the
<br />subject properties are located on Adams Creek Drive; this is a request to
<br />rezone approximately 3.9 acres from Agricultural Open (AO) to Countryside
<br />Residential (CR) designation; the subject properties are vacant and are
<br />located in the City of Concord service area, but are outside the utility
<br />service boundary area; the applicant is requesting the property be zoned
<br />Countryside Residential (CR); the Central Area Land Use Plan (CALUP) calls
<br />for this area to be Rural Residential; the density proposed for CR is not
<br />consistent with the density of the CALUP; this is a conventional rezoning
<br />request; all uses permitted in CR would be permitted on the subject property
<br />if the request to rezone is approved; there are four different properties in
<br />this case; and based on the land use designation assigned by the CALUP, the
<br />proposed rezoning from AO to CR is not consistent with the densities
<br />discussed in the plan; therefore, the Board should consider the information
<br />and facts presented to determine if the proposed zoning map amendment is
<br />consistent with the goals and visions for this area.
<br />Vice Chairman Mynatt opened the public hearing at 5:07 p.m. The Public
<br />Hearing Notice was published on May 8 and 15, 2009 in THE INDEPENDENT
<br />TRIBUNE. The Public Hearing Notice was also posted on the Cabarrus County
<br />website on May 7, 2009.
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