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

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May 28, 2009 (Recessed Meeting) Page 1410 Board and a Reservation of Capacity Certificate must be received from the County. (C-3) Rezoning Case 2009-02 (R) - James Mann - Zoning Atlas Amendment to Rezone Property from AO to CR Susie Morris, Planning and Zoning Manager, reported the following regarding Rezoning Case 2009-02(R) - James Mann: the applicant in this case is James Mann; the size of the property is approximately 140 acres and is surrounded by Agricultural Open (AO) zoning; the property is served by private well and septic and is located in the Kannapolis utility service district; the Central Area Land Use Plan (CALUP) does call for this area to be residential, therefore the current zoning is consistent with the densities permitted by the CALUP; this is a conventional rezoning request; all uses permitted in the Countryside Residential (CR) zoning district would be allowed on the subject property if the rezoning is approved; based on the land use designation assigned by the CALUP, the proposed rezoning from AO to CR is not consistent with the density discussed in that plan; the Board should decide if this request fits with the vision for that area; etc. Ms. Morris announced that the applicant is not present. Chairman White opened the public hearing at 3:46 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. Chairman White clarified that each speaker would be allowed 3 minutes. Edward Mills, who resides at 4894 Old Salisbury Road, Kannapolis, spoke in opposition of rezoning Case 2009-02 (R) from Agricultural Open (AO) to Countryside Residential (CR). He stated he owns twenty acres of land adjacent to the subject property, has been a neighbor of the applicant for thirty years, and is not looking forward to having additional houses built near his home. He explained that the nearest water and sewer access to the property is at the intersection of I-85 and Lane Street, approximately 2 miles away. He also expressed difficulty understanding where the property owner would place exits from the subdivision being that the property owner has not been granted rights-of-way. With there being no one else to address the Board, Chairman White closed the public hearing. A brief discussion ensued regarding the motion to approve or deny the rezoning. UPON MOTION of Commissioner Privette, seconded by Commissioner Carruth and unanimously carried, the Board denied the rezoning request for Parcel Identification Number (PIN) 5643-02-4800, Case 2009-02 (R) - James Mann. Richard Koch, County Attorney, suggested the Board adopt the following Consistency Statement: the proposed rezoning is not consistent with the Central Area Land Use Plan and it is not reasonable and is not in the public interest because it is not consistent with the plan and the surrounding properties are zoned Agricultural Open and of similar use. UPON MOTION of Vice Chairman Mynatt, seconded by Commissioner Carruth and unanimously carried, the Board adopted the aforementioned Consistency Statement as it relates to the rezoning case of 2009-02 (R) - James Mann, Parcel Identification Number (PIN) 5693-02-4800. (C-4) Rezoning Case 2009-03 (R) - Pauline Whitley Drye - Zoning Atlas Amendment to Rezone Property from AO to CR Susie Morris, Planning and Zoning Manager, presented the following information regarding Rezoning Case 2009-03(R) - Pauline Whitley Drye: the applicant is Pauline Whitley Drye; the request is to rezone approximately 25.74 acres from Agricultural Open (AO) zoning designation to Countryside Residential (CR) designation; the subject property is located in the Rural Residential area of the Central Area Land Use Plan (CALUP) and is surrounded by AO zoning; this property is served by private well and septic systems; the subject property is located inside the Concord utility service area, but is located outside of the utility service boundary established as part of the CALUP process; the current zoning is in place as part of the mass rezoning from January 2009; Rural Residential zoning densities, as described in the CALUP, call for one unit per three acres or up to one unit per two acres with additional standards; this is a conventional rezoning request; all uses