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

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May 28, 2009 (Recessed Meeting) Page 1416 used as a cow pasture; he would prefer the zoning designation be returned to the previous zoning designation; it will be less difficult to sell two-acre lots than three-acre lots; etc. With there being no one else to address the Board, Chairman White closed the public hearing. Commissioner Carruth noted that the AO zoning designation is less restrictive than the CR zoning designation, and expressed puzzlement as to why Mr. Furr would prefer his property to be zoned CR instead of A0. Mr. Furr responded that if he wants to sell off just one lot, it must be a minimum of three acres. 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 5559-11-3582, case 2009- 11(R) - Darrell K. Furr. UPON MOTION of Commissioner Carruth, seconded by Vice Chairman Mynatt, and unanimously carried, the Board adopted the following Consistency Statement as it relates to rezoning case 2009-11 (R) - Darrell K. Furr, Parcel Identification Number 5559-11-3582: 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-10) Rezoning Case 2009-12 (R) - Kenneth and Betty Furr - Zoning Atlas Amendment to Rezone Property from AO to CR Susie Morris, Planning and Zoning Manager, presented the following information regarding Rezoning Case 2009-12(R)- Kenneth and Betty Furr: this is a request to rezone approximately 25 acres from Agricultural Open zoning (AO) designation to Countryside Residential (CR) designation; the subject property is surrounded by similar properties on all sides; farm, forested, or residential uses are present on adjacent properties; the subject property is located in the Concord utilities service area but is outside of the utility service boundary established as part of the Central Area Land Use Plan (CALUP) process; CR zoning district is not consistent with the densities proposed for Rural Residential; this particular property is located in the Rural Residential area of the CALUP; 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 zoning from AO to CR is not consistent with the densities discussed in the plan. Using a map, Ms. Morris showed Commissioner Carruth where the A. T. Allen School property is located in relation to the subject property. Chairman White opened the public hearing at 4:52 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, 3800 Cold Springs Road South, Concord, stated the subject property belongs to his father. He stated his father would prefer for the property to maintain the CR zoning designation because of the A. T. Allen School property being nearby. Mr. Furr also responded to a question from the Board regarding adjacent property. With there being no one else to address the Board, Chairman White closed the public hearing. 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 Number 5599-91-9268, Case 2009- 12(R) - Kenneth and Betty Furr. 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 case of 2009-12(R) - Kenneth and Betty Furr, Parcel Identification Number 5549-91-9268: 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