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January 8, 2007 (Work Session) Page 219 <br />UPON MOTION of Commissioner Privette, seconded by Commissioner Mynatt <br />and unanimously carried, the Board voted to place a budget amendment <br />appropriating an additional $200,000.00 to "fast track" the new Northwest <br />area high school project on the January 22, 2007 Agenda as a Consent item. <br />Request for Refund of Rezoning Fees by Archie Smith <br />At its December 18, 2006 meeting, the Board voted to consider the <br />following refund request at its January 2007 Agenda Work Session: <br />6590 Hwy 73 East <br />Mt. Pleasant, NC 28129 <br />November 21, 2006 <br />To the Cabarrus County Board of Commissioners <br />Dear Ms. Carpenter, <br />On Thursday, November 16, 2006, the Cabarrus County Planning and <br />Zoning Board unanimously voted to restore our farm to Country <br />Residential Zone from the Office-Institutional Zone. We were told <br />that notices were placed in the newspaper and letters sent to the <br />property owners who live out of county. My sister and I who live <br />in county did not see any notices, and our two sisters who live <br />in Wake County received no letters of notification. As a result, <br />none of us knew that our land was being rezoned in 2005. We, <br />therefore, had no voice in the rezoning and even after the land <br />was rezoned, none of us was notified that it had been rezoned. My <br />sisters and I have paid $1030.00 in fees to Cabarrus County to <br />appeal to the county to reverse a zoning decision that we had no <br />voice in or even knowledge of. With this in mind, I would like <br />to make the following two requests of the Board of Commissioners: <br />1. For reasons explained above, my sisters and I request that we <br />be reimbursed the $1,030.00 in fees that we paid for this <br />appeal. <br />2. While, I am told the county followed all state guidelines in <br />the massive rezoning of 2005, something went terribly wrong <br />and many people, myself included, were unaware that their land <br />had been rezoned. I suspect that my case and Mr. Cooper's <br />case are not unique. My second request is that, in the future <br />when rezoning issues arise, the County develop a better plan <br />of notifying the public to be sure that all involved are <br />notified. I would not want other property owners to have to <br />go through what my sisters and I (and Mr. Cooper) have gone <br />through. Property owners deserve to know when their property <br />is being considered for rezoning. <br />Thank you very much for your consideration <br />Sincerely yours, <br />/s/ J. Archie Smith Jr. <br />J. Archie Smith Jr. <br />There was a general discussion on the following issues: if a refund is <br />granted, to be fair the Board would have to refund all fees paid for rezoning <br />appeals; refunds should be granted if an appeal is upheld; compliance with <br />the State's notification procedures by County staff; the notification <br />procedure for out-of-town residents for a mass rezoning; etc. <br />UPON MOTION of Commissioner White, seconded by Commissioner Privette <br />and unanimously carried, the Board voted to place the request for a refund of <br />rezoning fees by Mr. Archie Smith on the January 22, 2007 Agenda as a New <br />Business item. <br />Mr. Day pointed out a change in the notification process would require <br />a text amendment and go through the Cabarrus Planning and Zoning Commission. <br />He also said when Jonathan Marshall, Commerce Director, returns to the <br />meeting, he would ask him to discuss the notification procedures for mass <br />rezonings. <br />Resolution Acknowledging English as the Official Language in Cabarrus County <br />Commissioner Privette presented a resolution acknowledging English as <br />the official language in Cabarrus County for the Board's consideration. <br />