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

Home Browse Search

May 28, 2009 (Recessed Meeting) Page 1411 permitted in the Countryside Residential (CR) zoning designation would be permitted 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 densities discussed in the plan; the Board should decide if this request is consistent with the goals and visions for this area; etc. Ms. Morris announced that the applicant is not present. Chairman White opened the public hearing at 3:55 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. Darrell Furr, who resides at 3800 Cold Springs Road South, Concord, stated the applicant, Ms. Pauline Drye is his aunt who has 12 grandchildren. He reported that Ms. Drye and her family would like the zoning to return to the zoning designation it was before the CALUP plan was adopted so that it may be divided evenly between her twelve grandchildren, allowing each of them two acres a piece. He further reported this land has been in the family for 100 years. Mr. Furr responded to questions from the Board regarding any immediate plans to divide the property for Ms. Drye's grandchildren and their age. With there being no one else to address the Board, Chairman White closed the public hearing. Vice Chairman Mynatt clarified that the Board is unable to place any conditions or restrictions regarding the rezoning request and expressed opposition to the request given the wide range of the grandchildren's ages. UPON MOTION of Vice Chairman Mynatt, seconded by Commissioner Carruth with Chairman White, Vice Chairman Mynatt and Commissioners Carruth and Poole voting for and Commissioner Privette voting against, the Board denied the rezoning request for Parcel Identification Number (PIN) 5548-74-0620, Case 2009-03(R) - Pauline Whitley Drye. UPON MOTION of Vice Chairman Mynatt, seconded by Commissioner Carruth and unanimously carried, the Board adopted the following Consistency Statement as it relates to the rezoning case of 2009-03(R) - Pauline Whitley Drye, Parcel Identification Number 5598-79-0620: 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. (C-5) Rezoning Cas® 2009-04 (R) - Farrell and Amy Whitley - Zoning Atlas Amendment to Rezone Property from AO to CR Susie Morris, Planning and Zoning Manager, presented the following information regarding Rezoning Case 2009-04(R) - Farrell and Amy Whitley: this is a request to rezone approximately 23.15 acres from Agricultural Open (AO) zoning designation to Countryside Residential (CR) designation; the subject property is located on the west side of Cold Springs Road; the property is currently forested and vacant; the applicant is requesting the property be rezoned back to CR; the subject property is located inside the Concord utilities service area but is located outside the utility service boundary established as part of the CALUP; the property was designated Rural Residential by the CALUP; the CR densities would not be consistent with what is designated in the CALUP; this is a conventional rezoning request; all uses permitted in the CR district would be permitted on the subject property if the request to rezone is approved; based on the land use designation assigned by the CALUP, the proposed rezoning from AO to CR is not consistent with the densities discussed in the plan. Chairman White opened the public hearing at 9:00 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. Darrell Furr, who resides at 3800 Cold Springs Road South, Concord, stated the subject property belongs to his Uncle. He said his Uncle would like the property zoned back to CR because 3 acre lawns would be too large to mow. With there being no one else to address the Board, Chairman White closed the public hearing.