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

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May 28, 2009 (Recessed Meeting) Page 1422 Statement as it relates to rezoning Case 2009-10(R) - George Troutman, Parcel Identification Number 5559-98-6689: although the proposed rezoning is not consistent with the CALUP, it is reasonable and in the public interest because although the surrounding zoning is primarily the same as the existing zoning, the uses of the properties in the area are more consistent with the zoning as proposed to be rezoned. (C-17) Rezoning Case 2009-15 (R) - Scott C. Robertson - Zoning Atlas Amendment to Rezone Property from CR to LDR Susie Morris, Planning and Zoning Manager, presented the following information regarding Rezoning Case 2009-15(R) - Scott Robertson: the applicant is asking for his property currently zoned Countryside Residential (CR) to be returned to the Low Density Residential (LDR) zoning; there are four parcels involved in this request for a total of 12.85 acres; this property is located inside the City of Concord's service area, however, it is located outside the utility service boundary established as part of the Central Area Land Use Plan (CALUP) and in the Interlocal Agreement; CR, the current zoning designation, was put in place in January 2009 and allows densities of one unit per two acres or one unit per acre if open space design standards are used; minor subdivisions are permitted in CR; in the CR district, public utilities are not permitted; in the LDR district, densities are one unit per two acres or up to two acres if the amenity design option is used for the subdivision; this property is located in an area designated as Very Low Density Residential in the CALUP; LDR is to remain predominately rural in character and uses in those area are single-family residential with densities up to one unit per two acres or up to two units per acre, provided additional development standards are met; this is a conventional rezoning request; conditions may not be added; 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 CALUP; 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 should review the information and facts presented to determine if the proposed rezoning amendment is consistent with the Board's goals and visions for this area. Ms. Morris responded to questions from the Board regarding the location of the property. Chairman White opened the public hearing at 5:96 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. Scott Robertson, who resides at 113 Cabarrus Avenue East, Concord, said the proposed change is consistent with the densities designed in the CALUP. He said it is in the public interest and reasonable because the proposed rezoning is more consistent with actual uses of the surrounding properties. He expressed concern that through governmental action, his property has become non-conforming to zoning ordinances. He also commented on the "pastoral feel" described in the Zoning Ordinance for CR and the number of options presented during the CALUP process for LDR, and responded to questions from the Board regarding future plans for the property. In response to questions posed by Commissioner Carruth, Ms. Morris stated that the densities for CR are consistent with the LDR classification in the CALUP. She stated the densities in the LDR zoning district are consistent with the densities in the LDR component of the CALUP. She stated that this area was designated as CR because it is located on the south side of Highway 99, where which public utilities are not available. With there being no one else to address the Board, Chairman White closed the public hearing. Commissioner Privette MOVED to approve the rezoning request for Parcel Identification Numbers 5549-88.-8214, 5549-88-5136, 5599-87-7719 and 5549-88- 2354, Case 2009-15(R) -Scott Robertson. The MOTION failed for lack of a second. Commissioner Carruth MOVED to deny the rezoning request for Parcel Identification Numbers 5599-88-8219, 5549-88-5136, 5599-87-7719 and 5549-88- 2359, Case 2009-15(R) - Scott Robertson. The MOTION failed for lack of a second. Recess of Meeting