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

Home Browse Search

May 28, 2009 (Recessed Meeting) Page 1414 should review the information and determine whether the rezoning is consistent with the goals and vision for that area. Chairman White opened the public hearing at 9:19 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, resident of 3800 Cold Springs Road South, Concord, stated the applicant would like to keep the original zoning in order to be able to subdivide the property in the future for her grandchildren. With there being no one else to address the Board, Chairman White closed the public hearing. UPON MOTION of Chairman White, 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 5548-63-3875, Case 2009- 06(R) - Patsy B. Whitley. UPON MOTION of Vice Chairman Mynatt, seconded by Commissioner Poole and unanimously carried, the Board adopted the following Consistency Statement as it relates to the rezoning of case 2009-06(R) - Patsy B. Whitley, Parcel Identification Number 5548-63-3875: 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-8) Rezoning Case 2009-OS (R) - Gerald Newton - Zoning Atlas Amendment to Rezone Property from AO to CR Susie Morris, Planning and Zoning Manager, presented the following information regarding Rezoning Case 2009-08 (R) - Gerald Newton: the applicant in this case is Gerald Newton; this is a request to rezone approximately 7 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 is located outside of the utility service boundary area established as part of the CALUP; the densities proposed with CR are not consistent with what is proposed in the CALUP for Rural Residential; this is a conventional rezoning request; all uses permitted in the CR district would be permitted on the subject property 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, therefore the Board should consider the information and decide whether the rezoning is consistent with the goals for that area. Ms. Morris responded to questions from the Board regarding the potential subdivision of the subject property. Chairman White opened the public hearing at 9:22 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 the applicant will be allotted 5 minutes for comments. Jerry Newton, resident of 1776 Songwood Road, Concord, presented the following information regarding his rezoning request: the subject property is in the middle of a neighborhood; the lots across the street are roughly acre lots; the property was purchased several years ago with the intention of eventually giving it to his children; public water lines already exist on Songwood Road; the property does not perk and is dependent on the exemption that allows plats of one acre; etc. Mr. Newton recited a passage from page 19, section 9.0 of the Central Area Use Plan as follows: "Rural: Comprised mostly of lands determined to remain agrarian in the future. Residential uses may be allowed but only to support agrarian purposes and are not the predominant use." He stated that housing is a predominant use of this subdivision. He stated that the AO zoning designation requires a 90 percent open space allotment; the property owner must give up ownership of that land; and that the land must be donated to Cabarrus County, Cabarrus County Soil and Water Conservation District, a land conservatory, or a homeowners' association. He stated another reason he