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

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May 28, 2009 (Recessed Meeting) Page 1409 which petitioners could petition the Cabarrus Planning and Zoning Commission, and ultimately the Board, to request zonings be changed back to the previous zoning designation; two petitions have already been approved by the Planning and Zoning Commission and returned to the previous zoning designation; these rezoning petitions are legislative, and the Board should consider the entire group of uses allowed under the current zoning and changing the current zoning back to the entire group of uses under the previous zoning designation; this hearing is not quasi-judicial and sworn testimony nor strict findings of fact are required; the petitions will be presented by group; each individual petition will be considered and a public hearing will be held for each; and a consistency statement is required for each petition. Susie Morris, Planning and Zoning Manager, stated the Board should have received an individual staff report, as well as a series of maps for each rezoning case. She reported the following: the first group of rezoning petitions are requests to be rezoned from Agricultural Open (AO) to Countryside Residential (CR); these requests are consistent with zoning designation previously assigned to each parcel of land prior to the adoption of the Central Area Land Use Plan (CALUP); each of these zoning designations are a result of the CALUP implementation zoning case approved by the Board of Commissioners on January 20, 2009; surrounding zoning will be specific to each one case, but in most cases, it is AO surrounded by A0; subject properties and adjacent land uses are typically residential AO zoning with residential or farming uses present or vacant; infrastructure will be specific to each case; etc. Ms. Morris further reported the following: the Agricultural Open (AO) densities permit one unit per three acres or up to one unit per two acres, if the open space design option is used to design the subdivision; a minor subdivision would be permitted in AO zoning districts as long as the general standards of the ordinance are met; public utilities are not permitted in the AO zoning district; etc. Ms. Morris also explained the differences between the AO and CR zoning designations, noting that CR zoning designations permit one unit per two acres or up to one unit per acre if the open space design option is used. She also stated the following: minor and major subdivisions are permitted in CR zoning districts; public utilities, including water and sewer, are not permitted in CR zoning districts; most of these subject properties are located in the rural residential area that was adopted in the CALUP; the CALUP states this area is comprised mostly of land determined to remain agrarian in the future, however, residential uses may be allowed; densities for Rural Residential zoning designations are one unit per three acres or up to one unit per two acres, provided additional development standards are met; the rezoning petitions were collectively sent to the North Carolina Department of Transportation (NCDOT) and the County received no comments back from that department; should any of these parcels be further developed, they would be subject to permitting through the NCDOT, as well as site plan review and driveway permitting standards; the County Fire Marshall has no objections to any of the rezoning petitions at this time; in accordance with the Adequate Public Facilities Ordinance (APFO), the parcels of land would be subject to obtaining an APFO Reservation of Capacity Certificate prior to any further development; with regard to utilities, there are properties in three different municipal service areas; should someone decide to develop properties in those areas, they would need to provide the county with an "intent to serve" letter from the appropriate municipality; restrictions cannot be placed on any of the properties requesting rezoning because they are conventional rezoning, meaning any uses permitted in that specific zoning district will be permitted; etc. In response to a question posed by Commissioner Carruth, Ms. Morris explained the difference between minor and major subdivisions, noting stating a minor subdivision is comprised of five lots or less. She stating when the new zoning district standards were created, an exemption was placed in the Ordinance which stipulates that any lot in existence at the time the ordinance and map were adopted receives an exemption. She stated a minor subdivision allows property owners to reduce to a one-acre lot in any of the zoning districts, provided it can be shown that the site perks and has well suitability. She also stated minor subdivisions require only administrative approval, do not have to be approved by the Cabarrus Planning and Zoning Board, and are not subject to the APFO. Ms. Morris explained that a major subdivision consists of six or more lots. She stated the following: typically, 60' street right-of-ways and internal access are required in major subdivisions; approval to develop a major subdivision must be obtained from the Cabarrus Planning and Zoning