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October 30, 2006 (Regular Meeting) Page 149 proposed zoning is CR (Countryside Residential); PIN Numbers are 9672-41-2528 and 9672-91-5122; the property was rezoned from MDR (Medium Density Residential) to OI during the June 2005 countywide rezoning; this case is a conventional rezoning request and requires one legislative vote; at its September 21, 2006 meeting, the Cabarrus County Planning and Zoning Commission voted 6-3 in favor of approving the rezoning request; and because the vote was not a supermajority (expedited) vote, the petition is automatically forwarded to the Board of Commissioners to hold a de novo hearing. Next, she reviewed the staff report as presented in the Agenda. In summary, she reported the proposed rezoning meets the overall residential component of the NC 73 Small Area Land Use Plan. The proposed CR zoning (0.5 units per acre) designation, does not meet the intensity of residential development specified in the plan for the parcels under consideration. She said rezoning the subject properties would also permit an area designated as open space to be developed residentially. Since the proposed rezoning request is not compatible with all elements described in the NC 73 plan, she said the Board should consider the information presented and decide whether or not amending the subject property's rezoning classification to CR is appropriate as it relates to the Commission's vision for this area of the County. In addition, she said development trends in this area already support the proposal set forth in the NC 73 Plan for this area, including the subject property, to develop as a neighborhood center. Ms. Zakraisek responded to a variety of questions from the Board. At 8:29 p.m., Chairman Carruth opened the public hearing on Rezoning Case No. C2006-07. The Public Hearing Notice was published in THE INDEPENDENT TRIBUNE on October 17 and 29, 2006 and in THE CHARLOTTE OBSERVER (Cabarrus Neighbors) on October 12 and 19, 2006. Buddy Cooper of 11180 NC HWY 73 West in Huntersville said he wants to build a house on his property near his pond and without this rezoning he will not be able to and will be forced off his property. He stated he contracted with NorthEast Medical Center in 2009 to sell the land where he currently resides. At that time, he said the land was zoned CR (Countryside Residential) and he was planning to relocate to a different area of his property. However, in June of 2005, he said the property was rezoned to OI (Office Institutional). He said neither he nor his neighbors saw the rezoning advertisements in the local newspaper, he does not read every ad in the newspaper and that he was unaware the property was being rezoned. He said he has lived on the property since 1970 and would like to remain there. Finally, he urged the Board to approve the rezoning request. Jerry Newton of Songwood Road in Concord and consultant for Mr. Looper reported Mr. Looper has owned the land since 1970; had a contract to sell the property a year before the County changed the zoning; the contract required Mr. Looper to move off that portion of his property; he intended to relocate near the pond; in the Spring he found out the zoning had changed and would no longer allow a residence on the property; he wants to move from one side of the road to the other; all the property to the North of the subject property is zoned CR; Mr. Newton read the following letters of support into the record: September 18, 2006 Cabarrus County Planning Division c/o Ms. Kassie Goodson P.O. Box 707 Concord, NC 28026 Re: Rezoning Petition C2006-09 (s.i.c.)(R) Shiloh Church Road NW Cabarrus County Dear Ms. Goodson: In connection with the above referenced Rezoning Petition, NorthEast Medical Center supports Mr. Looper in his rezoning request. NorthEast Medical Center is the owner of adjacent property on which we have a substantial investment in medical facilities. We have no objection to the CR zoning designation (from OI) on Mr. Cooper's remaining property or his intentions to build a private home on a portion of this property.