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May 2S, 2009 (Recessed Meeting) Page 1420
<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 2009-18 (R) - S. F.
<br />Davis, Parcel Identification Numbers 5652-00-6562, 5652-00-7339, 5652-00-
<br />9463, 5652-00-5236, 5652-00-3319, 5652-00-3261, 5652-00-1335, 5652-00-1176,
<br />5651-09-2906, 5651-09-2739, 5651-09-9813, 5651-09-5857, 5651-09-6990, 5651-
<br />09-2565, 5651-09-9558, 5651-09-5692, 5651-09-7635, 5651-09-8688 and 5651-19-
<br />0731: although the proposed rezoning is not consistent with the CALUP, it is
<br />in the public interest because the proposed rezoning is consistent with the
<br />existing surrounding uses.
<br />(C-15) Rezoning Case 2009-07 (R) - John Lentz - Zoning Atlas Amendment to
<br />Rezone Property from AO to LDR
<br />Chairman White rejoined the meeting at 5:19 p.m.
<br />Susie Morris, Planning and Zoning Manager, presented the following
<br />information regarding Rezoning Case 2009-07(R) - John Lentz: the applicant
<br />in this case is John Lentz; this application is the only request to be
<br />rezoned from Agricultural Open (AO) zoning to Low Density Residential (LDR)
<br />zoning; the subject property is located at the intersection of Gold Hi11 Road
<br />and Azalea Road; the subject property is vacant; the zoning designation on
<br />the property currently in place is a result of the public hearing held on
<br />January 20, 2009; the property is located in the City of Concord's service
<br />area, however it is outside the utility service boundary area; LDR zoning
<br />district is intended to permit development with a low density residential
<br />community character; densities appropriate for LDR, based on the zoning
<br />ordinance, are one unit per two acres or up to two units per acre if the
<br />amenity design option is used for the subdivision; minor subdivisions are
<br />permitted in the LDR zoning district; government water and sewer are optional
<br />in the LDR zoning district; the subject property is designated in the Central
<br />Area Land Use Plan (CALUP) as Rural Residential, which calls for densities of
<br />one unit per three acres or up to one unit per two acres, provided additional
<br />standards are met; this is a conventional rezoning request; all uses
<br />permitted in the LDR district would be permitted on the subject property if
<br />the request is approved; and based on the land use designation assigned by
<br />the CALUP, the proposed rezoning from AO to LDR is not consistent with the
<br />densities discussed in the plan, therefore the Board of Commissioners should
<br />review the information and facts presented to determine if the proposed
<br />zoning amendment is consistent with the goals and visions for this area.
<br />Using a map, Ms. Morris pointed out the City of Concord's
<br />Extraterritorial Jurisdiction (ETJ) area to the Board.
<br />Chairman White opened the public hearing at 5:23 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 />John Lentz, who resides at 1945 Gold Hill Road, Concord, stated his
<br />understanding from the meeting held on January 20, 2009 was that the zoning
<br />designation for his property would remain the same. He said this property
<br />zoned as LDR does meet the criteria of the CALUP because the surrounding
<br />property is zoned the same. He also said Concord City water lines and fire
<br />hydrants are located on the property. Mr. Lentz responded to questions from
<br />the Board regarding adjacent properties.
<br />Ms. Morris explained that one parcel of land was divided by Concord's
<br />ETJ and that each parcel has its own Parcel Identification Number.
<br />With there being no one else to address the Board, Chairman White
<br />closed the public hearing.
<br />UPON MOTION of Commissioner Privette, seconded by Commissioner Carruth,
<br />and unanimously carried, the Board approved the rezoning request for Parcel
<br />Identification Number 5631-92-9107, Case 2009-07(R) - John Lentz.
<br />UPON MOTION o£ Commissioner Privette, seconded by Commissioner Carruth,
<br />and unanimously carried, the Board adopted the following Consistency
<br />Statement as it relates to rezoning case 2009-07 (R) - John Lentz, Parcel
<br />Identification Number 5631-92-9107: although the proposed rezoning is not
<br />consistent with the CALUP, it is reasonable and in the public interest
<br />because a fair amount or at least half of the surrounding zoning is
<br />consistent with the property as rezoned.
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