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August 14, 2006 (Agenda Work Session) Page 32 The Board of Commissioners for the County of Cabarrus met for an Agenda Work Session in the Multipurpose Room at the Cabarrus County Governmental Center in Concord, North Carolina on Monday, August 14, 2006, at 3:30 p.m. Present - Chairman: Robert W. Carruth Vice Chairman: Joni D. Juba Commissioners: Carolyn B. Carpenter Robert M. Freeman Absent - Commissioner: Coy C. Privette Also present were John D. Day, County Manager; Attorney; Mike Downs, Deputy County Manager; Pam Manager; Frankie F. Bonds, Clerk to the Board; and Clerk to the Board. Richard M. Koch, Dubois, Deputy Kay Honeycutt, County County Deputy Chairman Carruth called the meeting to order at 3:40 p.m. Commissioner Freeman gave the invocation. Chairman Carruth commented on the Mayor' s/Manager' s Breakfast meeting held earlier that morning. He said these meetings will be held quarterly starting in November. Department of Commerce - Information: Types of Rezoning Cases In preparation for the hearing on the Wayne Brothers Conditional District Rezoning Application, Susie Zakraisek, Planning and Zoning Manager, presented an overview of the following types of rezoning cases: Conventional or "Straight" Rezoning, a Special Use Rezoning and a Conditional District Rezoning. Highlights of the presentation included the following: a Conventional or "Straight" Rezoning is a legislative action, one vote is required, the Land Use Plan consistency statement is required to support approval or denial of the request, conditions cannot be added, all uses for the proposed district must be considered, there is no degree of certainty through the application process, the property can be developed with any use in the proposed district, and the decision makers can discuss the proposal prior to the public hearing. A Special Use Rezoning is a quasi -judicial procedure, requires sworn testimony, two separate votes are required, a consistency statement is required to support the approval or denial of the first vote, conditions can be added as part of the second vote, only uses proposed by the applicant in the use list should be considered, a degree of certainty is added because applicant is agreeing to restrict uses and to develop property in accordance with the proposed plan, and the decision makers should not discuss the proposal prior to the hearing. A C6ndi tional District Rezoning is a legislative process, one vote is required, consistency statement required to support approval or denial of the vote, conditions can be added if the applicant agrees to the proposed conditions, only uses proposed by the applicant in the use list should be considered, there is a degree of certainty because the applicant agrees to restrict the uses and to develop the property in accordance with the proposed plan, and the decision makers can discuss the proposal outside of the public hearing. Richard M. Koch, variety of questions on County Attorney, and Ms. Zakraisek the different types of rezoning cases. responded to a Chairman Carruth suggested the Board adopt rules of procedure before considering the Wayne Brothers Conditional District rezoning application that is scheduled to be heard by the Board of Commissioners on September 5, 2006. Mr. Koch reported rules of procedure were adopted by the Planning and Zoning Commission the evening the Wayne Brothers application was originally heard by the Commission. He said the rules were fair, eliminated redundancy and worked well for both parties. He also reported he had received requests to modify the rules. Commissioner Carpenter asked to have the proposed rules of procedure published as soon as possible. After a consider the meeting. brief discussion, proposed rules of there was a consensus that the Board would procedure at its August 21, 2006 regular Introduction of Senior Planner