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May 28, 2009 (Recessed Meeting) Page 1419
<br />Sam Davis, who resides at 946 Winfield Boulevard, Concord, stated the
<br />plat for this subdivision was recorded in 1978. He described the location
<br />and size of the subject properties in detail. He expressed concern regarding
<br />the perkability of the soil on the subject properties. He also stated his
<br />understanding that the Interlocal Agreement adopted by the County and the
<br />City of Concord would prevent the utilization of water lines near the
<br />property although each lot already has a tap. However, he said the meter will
<br />not be installed until service is needed. He also commented on the
<br />recombination of certain lots in order to take advantage of the areas that do
<br />perk. Further, he stated the CR (Countryside Residential) zoning designation
<br />is preferable to AO (Agricultural Open). Finally, Mr. Davis responded to
<br />questions from the Board regarding future subdivision of the subject
<br />property.
<br />With there being no one else to address the Board, Vice Chairman Mynatt
<br />closed the public hearing.
<br />Ms. Morris responded to a question from Commissioner Carruth, noting
<br />that if the subject properties were combined into one large lot, it could
<br />then be subdivided into a minor subdivision.
<br />UPON MOTION of Commissioner Privette, seconded by Commissioner Carruth
<br />with Vice Chairman Mynatt and Commissioners Carruth, Poole and Privette
<br />voting for and Chairman White recused, the Board approved the rezoning
<br />request for Parcel Identification Numbers 5651-19-9883, 5651-19-3799, 5651-
<br />19-6896 and 5652-10-0091, Case 2009-17 (R) - Samuel F. Davis, Jr.
<br />UPON MOTION of Commissioner Privette, seconded by Commissioner Carruth
<br />with Vice Chairman Mynatt and Commissioners Carruth, Poole, and Privette
<br />voting for and Chairman White recused, the Board adopted the following
<br />Consistency Statement as it relates to rezoning case 2009-17 (R) - Samuel F.
<br />Davis, Jr., Parcel Identification Numbers 5651-19-9883, 5651-19-3799, 5651-
<br />19-6846 and 5652-10-0091: although the proposed rezoning is not consistent
<br />with the CALUP, it is in the public interest because the proposed rezoning is
<br />consistent with the existing surrounding uses.
<br />_(C-14) Rezoning Case 2009-18 (R) - B.F. Davis - Zoning Atlas Amendment to
<br />Rezone Property from AO to CR
<br />Susie Morris, Planning and Zoning Manager, presented the following
<br />information regarding Rezoning Case 2009-18 (R) - S. F. Davis: this
<br />particular case has the same characteristics as Rezoning Case 2009-17(R);
<br />this is a request to rezone approximately 13.5 acres from Agricultural Open
<br />(AO) zoning designation to Countryside Residential (CR) designation; the
<br />parcels for the proposed rezoning and are located in the City of Concord
<br />service area, but are outside the utility service boundary area; the proposed
<br />CR zoning designation is not consistent with the Rural Residential
<br />classification as set forth in the Central Area Land Use Plan (CALUP); this
<br />is a conventional rezoning request; all uses permitted in the CR district
<br />would be allowed on this property if the rezoning is approved.
<br />Vice Chairman Mynatt opened the public hearing at 5:18 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.
<br />Sam Davis, who resides at 996 Winfield Boulevard, Concord, stated he
<br />would like to repeat and incorporate his previous comments by reference
<br />because the subject property is adjacent to the properties in his previous
<br />request for rezoning, rezoning Case 2009-17(R).
<br />In response to a question from the Board, Mr. Davis said he is
<br />requesting the same for these subject properties in regards to recombining
<br />the property, continued use of water and lot size.
<br />With there being no one else to address the Board, Vice Chairman Mynatt
<br />closed the public hearing.
<br />UPON MOTION of Commissioner Carruth, seconded Commissioner Privette
<br />with Vice Chairman Mynatt and Commissioners Carruth, Poole, and Privette
<br />voting for and Chairman White recused, the Board approved the rezoning
<br />request for Parcel Identification Numbers 5652-00-6562, 5652-00-7339, 5652-
<br />00-9963, 5652-00-5236, 5652-00-3319, 5652-00-3261, 5652-00-1335, 5652-00-
<br />1176, 5651-09-2906, 5651-09-2739, 5651-09-9813, 5651-09-5857, 5651-09-6990,
<br />5651-09-2565, 5651-09-9558, 5651-09-5692, 5651-09-7635, 5651-09-8688 and
<br />5651-19-0731, rezoning Case 2009-18 (R) - S. F. Davis.
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