BC 2009 05 29 Recessed - BOC/P&Z hearings

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May 28, 2009 (Recessed Meeting) Page 1421 (C-16) Rezoning Case 2009-10 (R) - George Troutman - Zoning Atlae Amendment to Rezone Property from CR to LDR Susie Morris, Planning and Zoning Manager, announced the next two cases to be heard by the Board are making similar rezoning requests and are located in similar areas. Ms. Morris presented the following information relating to Rezoning Case 2009-10 (R) - George Troutman: this particular parcel is located at the corner of Cold Springs Road and Highway 99; Mr. Robertson's property [Rezoning Case 2009-15(R)] is located closer to the Cabarrus Arena and Events Center; the request is for rezoning from Countryside Residential (CR) zoning designation to Low Density Residential (LDR) designation; Mr. Troutman's property is located in the Town of Mount Pleasant's utility service area; the City of Concord is the utility provider in the closest proximity to the subject property; the property is located in Area A as defined in the Interlocal Agreement with the City of Concord regarding the Central Area Land Use Plan (CALUP); in that agreement, Concord agreed not to extend utilities into Area A without the consent of the County; there are exceptions to that provision, none of which apply here; the applicant is asking for CR to be rezoned to LDR; CR densities are one unit per two acres to one unit per acre; LDR allows one unit per two acres or up to two acres if the amenity design option is used for the subdivision; LDR zoning also permits minor subdivisions; government water and sewer are optional in the LDR zoning district; the subject property is designated Very Low Density Residential by the CALUP; the CALUP states that areas defined as very low density are to remain predominately rural in character while allowing residential uses to occur at very low to low densities; predominate uses in these areas are single-family residential, with one unit per two acres or up to two units per acre, provided additional standards are met; this is a conventional rezoning request; all uses permitted in the LDR district would be permitted on the subject property; based on the land use designation assigned by the CALUP, the proposed rezoning from CR to LDR is consistent with the densities discussed in the plan; however, based on the Interlocal Agreement with the City of Concord, utilities will not be available; the property is located in Area A of this agreement and it explicitly states that the City of Concord will not extend utilities into this area without the consent of the County; therefore, the Board must consider the facts presented to decide if this is an appropriate rezoning for this area. In response to questions from the Board, Ms. Morris used a map to show the utility service boundary between Concord and Mt. Pleasant. John Day, County Manager, pointed out that while the subject property is located in the Mt. Pleasant service area, Mt. Pleasant cannot feasibly provide service due to monetary constraints. A brief discussion ensued. Chairman White opened the public hearing at 5:35 p.m. The Public Hearing Notice was published on May 8 and 15, 2009 in THE INDEPENDENT TRIBUNE. The Public Hearing Notice was also posted on the Cabarrus County website on May 7, 2009. Mitchell Hartsell, who resides at 4166 Amarillo Drive, Concord, spoke on behalf of his father-in-law, George Troutman. He stated his rezoning request passed at the Planning and Zoning Board meeting, but not by a super majority. He said the property is consistent with the zoning of the surrounding property and identified his property on the map. Ms. Morris stated the map currently provided to the Board does not reflect the rezonings approved by the Planning and Zoning Board. She said the GIS maps will be updated after the appeals have been processed. Mr. Hartsell further commented on future utility extensions and responded to questions from the Board regarding future plans for the property. With there being no one else to address the Board, Chairman White closed the public hearing. UPON MOTION of Commissioner Privette, seconded by Vice Chairman Mynatt, and unanimously carried, the Board approved the rezoning request for Parcel Identification Number 5559-98-6689, Case 2009-10 (R) - George Troutman. UPON MOTION of Commissioner Privette, seconded by Commissioner Carruth, and unanimously carried, the Board adopted the following Consistency