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

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May 28, 2009 (Recessed Meetinq) Page 1913 that we are doing or will do on our property adversely affects the purpose of the plan. Regards, Jennifer L. Price and Ronda S. York In response to questions from the Board, Ms. Morris reported the following: the applicant is at the maximum number of lots permitted and any additional subdivisions would be considered major subdivisions and would have to be processed through the Cabarrus Planning and Zoning Board also be subject to the Adequate Public Facilities Ordinance (APFO); if the property stays designated as AO, at least 40 percent of the property must be open space; to continue selling off lots within the AO zoning, the property would have to be developed as a conventional subdivision and would have to have some type of access; etc. Ms. Morris also explained that AO and CR zoning classifications are very similar. She stated AO zoning classifications allows for additional farming uses. Commissioner Carruth reviewed some of the land uses not permitted under the CR zoning district. Chairman White opened the public hearing at 4:12 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 he owns property adjacent to the subject property. He stated there is already a large subdivision nearby and that he has heard a gas line will be installed through the area reaching A. T. Allen School. He also commented on development pressure in surrounding area. With there being no one else to address the Board, Chairman White closed the public hearing. Vice Chairman Mynatt stated she attended planning meetings for the CALUP and there was overwhelming public concern that the area around A. T. Allen school not be developed. A brief discussion ensued. The following issues were addressed: utilities in the area; a possible gas line for the new A.T. A11en School; etc. UPON MOTION of Chairman White, seconded by Vice Chairman Mynatt 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 Numbers 5559-23-6499 and 5559-22- 7117, Case 2009-05(R) - Jennifer Price and Ronda York. UPON MOTION o£ Commissioner Carruth, seconded by Commissioner Poole and unanimously carried, the Board adopted the following Consistency Statement as it relates to the rezoning case of 2009-05(R) - Jennifer Price and Ronda York, Parcel Identification Numbers (PIN) 5559-23-6499 and 5559-22-7117: 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 most, if not all, of the surrounding properties are zoned Agricultural Open and of similar use. (C-7) Rezoning Case 2009-06(R) - Patsy B. Whitley - Zonin Atlas Amendment to Rezone Property from AO to CR Susie Morris, Planning and Zoning Manager, presented the following information regarding Rezoning Case 2009-06(R) - Patsy B. Whitley: the applicant in this case is Patsy B. Whitley; the applicant requests to rezone approximately 19.5 acres from Agricultural Open (AO) zoning designation to Countryside Residential (CR) designation; the subject property is located in the City of Concord service area, however, it located outside of the utility service boundary established as part of the Central Area Land Use Plan (CALUP) process; the densities that are proposed are not consistent with the densities established 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 is approved based on the land use designation assigned by the CALUP; and the proposed rezoning from AO to CR is not consistent with the densities discussed in the plan, therefore the Board