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

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May 28, 2009 (Recessed Meeting) Page 1415 is opposed to the zoning designation of AO is because this designation allows junk cars to remain on property. He contended that rezoning his property back to CR is not inconsistent with the CALUP, and that the maximum density created on his land would be 1 lot per 2.33 acres if two lots were created. He made reference to pages 29 through 26 of the CALUP which he believes supports his rezoning request. He stated if the Board does not approve the rezoning he would like the County to purchase his property for the tax value. Mr. Newton responded to several questions from the Board regarding the following issues: intent to subdivide his property for his children; other subdivisions which surround his property; the ability to utilize the City of Concord's public water line in the area; etc. In response to a question posed by Vice Chairman Mynatt, Ms. Morris stated that existing lots of a recorded subdivision can develop under the Medium Density Residential zoning designation if they do not meet current standards for the current zoning designation. She stated adjustments can be made for lots that do not meet the current zoning designation standards. Mr. Newton responded to a question from Chairman White by stating that recent soil testing off his property concluded that scattered sites on his property will perk, but there is not enough collective area to sustain the construction of a 3-bedroom, 2-bathroom home. He stated there is enough perkable property to construct a small, one-bedroom home. Ms. Morris explained that the County Zoning Ordinance does not permit public utilities on properties zoned AO or CR. She stated that utilities become optional in the Low Density Residential (LDR) zoning district. Commissioner Carruth commented if public sewer was available it would make a huge difference. Mr. Newton commented on density and new technology. With there being no one else to address the Board, Chairman White closed the public hearing. UPON MOTION of Commissioner Privette, seconded by Chairman White and unanimously carried, the Board approved the rezoning request for Parcel Identification Number 5651-09-3101, Case 2009-OB(R) - Gerald Newton. UPON MOTION of Commissioner Privette, seconded by Commissioner Carruth and unanimously carried, the Board adopted the following Consistency Statement as it relates to rezoning case 2009-08 (R) - Gerald Newton, Parcel Identification Number 5651-09-3101: although the proposed rezoning is not consistent with the CALUP, it is reasonable and in the public interest because the use is consistent with the surrounding property. (C-9) Rezoning Case 2009-11 (R) - Darrell K. Furr - Zoning Atlas Amendment to Rezone Property from AO to CR Susie Morris, Planning and Zoning Manager, presented the following information regarding Rezoning Case 2009-11(R) - Darrell K. Furr: the applicant is Darrell Furr; this is a request to rezone approximately 20 acres from Agricultural Open (AO) zoning designation to Countryside Residential (CR) designation; the subject property is serviced by private well and septic; the property is located in the City of Concord service area but outside of the service utility boundary area established as part of the CALUP process; the subject property is surrounded by properties zoned AO; the land use designation is Rural Residential, therefore the proposed densities of CR are not consistent with the densities in the CALUP for Rural Residential; this is a conventional rezoning request; all uses permitted in the CR zoning district would be permitted on the subject property; and 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 4:45 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 is adjacent to other properties being discussed as this meeting. He reported the following: the property is currently being