BC 2008 11 03 Work Session - Laserfiche WebLink

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November 3, 2008 (Work Session) Page 1033 Commerce Department - Consent Agreement for The Grand Apartment Project Susie Morris, Planning and Zoning Manager, presented information related to a request for a Consent Agreement for The Grand Apartment Project. She stated the project received rezoning and site plan approval from the City of Kannapolis Planning and Zoning Board on February 7, 2007. She further reported the voluntary mitigation payment will be $1,331.00 per unit and the complex is asking for 240 building permits to be issued in 2008. Commissioner Privette MOVED to place the Consent Agreement for The Grand Apartment Project on the November 17, 2008 Agenda as a New Business item. Commissioner Carruth seconded the motion. After Chairman White requested additional information from Ms. Morris regarding school capacity prior to the Regular meeting, the MOTION unanimously carried. Commerce Department - Central Area Plan Implementation Phase Update Susie Morris, Planning and Zoning Manager, presented a report on the Central Area Land Use Plan (CALUP). She reviewed the following summary: • On June 29, 2008, the Cabarrus County and the City of Concord executed an Interlocal Agreement regarding the Central Area Plan. • On August 18, 2008, the Cabarrus County Board of Commissioners adopted the Central Area Land Use Plan (CALUP). • On September 18, 2008, the Cabarrus County Planning and Zoning Commission was presented with rezoning case C2008-04-R. This case is the case that proposes the zoning classification changes for the implementation of the densities as described in the adopted Central Area Land Use Plan. The rezonings proposed in this case are to lower existing densities to be consistent with the CALUP. • On September 18, 2008, the Planning and Zoning Commission decided (by an 8-1 vote) to table the case for 60 days in order for the Commission members to review the proposed rezoning information and to perform research as needed. • A majority of the October 16, 2008 Planning and Zoning meeting was used by the Planning and Zoning Commission as a work session meeting to discuss the Central Area Plan and the proposed rezoning. • As currently scheduled, the Planning and Zoning Commission should render a decision regarding the proposed rezoning at the November 20th Planning and Zoning meeting. However, the Planning and Zoning Commission does have the option to table the case again as there are no State Statutes or local codes related to the number of times that the Planning and Zoning Commission can table a case that is before them for consideration. NEXT STEPS • Should the case receive an expedited vote in favor of or against the rezoning, the action will be considered a final action and will stand unless an appeal is filed. A vote is considered expedited when the vote reaches 750 of the Commission in the affirmative or voting for denial or when a vote is 7-2 or greater. • In the event that an appeal is filed regarding the Planning and Zoning Commission's decision, the case would be forwarded to the Cabarrus County Board of Commissioners to conduct a de novo (anew) hearing at the next available meeting. • In the event that the vote is a non-expedited vote (less than 7- 2) the case would be forwarded to the Cabarrus County Board of Commissioners to conduct a de novo (anew) hearing at the next available meeting. • GSA 153A-344 states that "Subsequent to initial adoption of a zoning ordinance, all proposed amendments to the zoning ordinance or zoning map shall be submitted to the planning board for review and comment. If no written report is received from the planning board within 30 days of referral of the amendment to that board, the Board of County Commissioners may proceed in its consideration of the amendment without the planning board report. The board of commissioners is not bound by the recommendations, if any, of the planning board." This Statute permits the Board