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September 5, 2006 (Recessed Meeting) Page 94 condi tional district application and said he does not believe that information has been provided on the site development plan. He stated he is in favor of Mr. Wayne staying in Cabarrus County and has found thirty-two properties in various business parks that have thirteen or more available acres. He said he will profit if this property is rezoned, but said that is not the issue and read the following excerpt from the Section 3-7 of the Cabarrus County Zoning Ordinance, "the concept of retraining unspoiled undeveloped lands for future generations to enj oy is more important than market economics even though the issue will become more driven by market economics over time". He also quoted the area plan as follows, "these land areas should remain farm land and undeveloped forested land of the County and public utilities will not be planed for these areas". Betty Lipe of 3664 Odell School Road in Concord said if the community wants to see what a construction yard looks like, they should look at the site across from the Poplar Tent Texaco on Poplar Tent Road. She asked what will keep Mr. Wayne from being nonconforming when he would be surrounded by trees and a gated front yard. She said and her husband had good jobs, but did not earn $96,000 a year as indicated earlier. She reported Mr. Wayne's trucks do use the roads and she would love to clock Mr. Wayne's trucks for speeding on Odell School Road. Faye Crowe of 5190 Albrook Drive in Davidson said she lives adjacent to the subject property in the Forest Pine subdivision on a 3-acre parcel. She asked who would buy her property if the project was approved. According to the Planning and Zoning Staff Report, she said due to the geographic features of the site, dynamite may be used to blast the boulders on the property in order to build on the land. She stated the local water supply and wells could be affected by the blasting, as well as the foundations of homes. She said it is the right of citizens to have a study completed according to a federal law called the Safe Drinking Water Act. She commented on the possibili ty of leakage from sediment ponds. She reported the Safe Water Drinking Act protects public well systems serving more than twenty-five people and the Forest Pine subdivision falls under this protection. The source water assessment program says, "every State must conduct an assessment of its sources of drinking water, rivers, lakes, reservoirs, springs and ground water wells that identify significant potential sources of contamination and to determine how susceptible the sources are to these threats". She also cited the well head protection program requirements. She said Mr. Wayne's statements have wavered regarding the use of chemicals. She stated her intent to contact the Federal Government regarding this issue and asked the Board to vote "no" on this project. She stated the forty foot buffer is insufficient to protect the area from the noise, lights and pollution. Finally, she said she agrees with Mr. Wally's previous comments and asked the Board "to do only what you would have done unto you". William Morrison asked what agency enforces building permits. Chairman Carruth reported the Cabarrus County Commerce Department issues building permits and enforces zoning regulations. Recess of Meeting At 9:48 p.m., Chairman Carruth recessed the meeting for a short break. Chairman Carruth reconvened the meeting at 10:11 p.m. Discussion Chairman Carruth distributed a copy of the general intent statement and rationale for each zoning district. John Day, County Manager, suggested the Board read through each statement or staff can help the Board work through the information. Susie Zakraisek, Planning and Zoning Manager, reviewed the general intent statement of the Medium Density Residential (MDR) zone, the permitted uses, uses permitted based on standards (PBS), and conditional uses. I f the use is a permitted use, she said it is permitted by "right"; if the use is based on standards, there are additional standards placed in the ordinance that the petitioner will have to follow. For conditional uses, she said a conditional use permit would have to be filed which also contains additional steps for the petitioner and must be approved by the Cabarrus Planning and Zoning Commission. She said the list of uses in the application breaks the requested uses down into these categories, but once it is approved, the use becomes permitted by "right".