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99 The Board of Commissioners for the County of Cabarrus met in regular session in the Commissioners' Meeting Room at the Cabarrus County Governmental Center in Concord, North Carolina, on Monday, April 15, 1991, at 6:30 P.M. Present Chairman: Billy J. Simmons, Jr. Commissioners: Jeffrey L. Barnhart Carolyn B. Carpenter William G. Hamby, Jr. Kenneth F. Payne Chairman Simmons called the meeting to order at 6:30 P.M. Commissioner Carpenter was absent for the beginning of the regular meeting. The invocation was given by Reverend Paul Milholland of the St. John's Lutheran Church. Chairman Simmons reported that the Board had been in executive session during a recessed meeting immediately prior to the regular meeting. He expressed a need for the Board to return to the executive session at this time. UPON MOTION of Chairman Simmons, seconded by Commissioner Barnhart with Chairman Simmons and Commissioners Barnhart, Hamby, and Payne voting for, the Board moved to go into executive session to discuss pending litigation. Commissioner Carpenter joined the Board during the executive session. UPON MOTION Of Commissioner Barnhart, seconded by Chairman Simmons and unanimously carried, the executive session was terminated. Chairman Simmons reported that the Board had discussed pending litigation during the executive session. ZONING ATLAS AMENDMENTS Chairman Simmons stated that this was the date and hour for a public hearing on proposed Zoning Atlas Amendments. Dr. Nancy Randall, Planning Board Chairperson, presented each of the proposed amendments as recommended by the Planning Board. Mr. Gerald A. Newton, Director of Planning and Zoning, presented the staff analysis for each of the petitions. (i) Petition 91-04. Siroos Amiri, N. C. Highway 49 across from Ward Avenue, Map/PIN 5559-19-4253. Wishes to rezone from ARR to C-3/SU. The Planning and Zoning Commission voted 9-0 to recommend denial of the petition. ~ Dr. Nancy Randall presented a letter from the Petitioner requesting the withdrawal of Petition 91-04. The Board acknowledged this request for withdrawal. (2) Petition 91-05. Grayson O. Stamey, Jr., end of Newell Avenue, Map/PIN 5604-92-4104. Wishes to rezone from R-9 to I-1. The Planning and Zoning Commission voted 8-1 to recommend denial of the petition. Mr. Carlos Moore, Architect, spoke in support of the rezoning request, stating that the rezoning may increase the property values in that area. There was no one present to speak in opposition to the rezoning request, and Chairman Simmons closed the public hearing on Petition 91-05. The following motion by Chairman Simmons and seconded by Commissioner Barnhart failed with Chairman Simmons and Commissioner Barnhart voting for and Commissioners Carpenter, Hamby, and Payne voting against: To defer Petition 91- 05 until the next meeting in order to ask Mr. Grayson O. Stamey, Jr., if he would consider a special use application for the property, and if he does not desire to do so, that the Board then take a final vote on the rezoning request. UPON MOTION of Commissioner Payne, seconded by Commissioner Carpenter with Commissioners Payne, Carpenter, and Hamby voting for and Chairman Simmons and Commissioner Barnhart voting against, the Board approved Petition 91-05 by Grayson O. Stamey, Jr., to rezone property at the end of Newell Avenue, Map/PIN 5604-92-4104, from R-9 to I-1. (3) Northwestern Small Area Plan. and adoption. This Plan is before the Board for review Mr. Gerald A. Newton, Planning and Zoning Director, reported that contact had been made with Kannapolis City officials relative to the proposed Northwestern Small Area Plan which had been presented to the Board of Commissioners on January 21, 1991. No comments had been received from Kannapolis officials.