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526 The Board of Commissioners for the County of Gabarrus met in regular session in the Commissioners' Meeting Room at the Cabarrus County Governmental Center in Concord, North Carolina on Monday, September 17, 1990, at 7:00 P.M. Present - Chairman: James W. Lentz Commissioners: R. Giles Moss William G. Hamby, Jr. Martha H. Melvin Billy J. Simmons, Jr. Commissioner Hamby was absent for the beginning of the meeting. The invocation was given by Reverend Mike Furnish of the Concord Baptist Temple. UPON MOTION of Commissioner Melvin, seconded by Commissioner Moss with Commissioners Melvin, Moss, and Simmons and Chairman Lentz voting for, the minutes of August 20 and September 4, 1990 were approved as written. Chairman Lentz announced that the recessed meeting scheduled for 5:00 P.M. on Wednesday, September 12, 1990, had been cancelled by him on the morning of the 12th. He stated that he had determined, pursuant to the Board's decision to recess the meeting on September 10, that a meeting was not needed on that date. Ail Board members and news media had been notified on September 12 of the cancellation of the meeting. Commissioner Hamby arrived at 7:10 P.M. and was present for the remainder of the meeting. NEW BUSINESS ZONING ATLAS AMENDMENT Chairman Lentz announced that this was the date and hour scheduled for a public hearing regarding the proposed Zoning Atlas and Text amendments. Dr. Nancy Randall, Chairperson of the Cabarrus County Planning Board, presented the proposed Zoning Atlas and Text amendments as recommended by the Planning Board. Mr. Jonathan Marshall, Planning staff member, reviewed the location of the areas proposed for rezoning and presented staff findings for the petitions. Public input was heard relative to each proposed amendment prior to action by the Board. (1) Petition 90-12. Henry and Pat Duncan, Hilton Lake Road, Map/PIN 5632- 69-3930. Wish to rezone from R-30 to ARR. The Planning Board voted 4- 0 to recommend approval. Mr. Robert Beamon, resident of adjacent property, opposed the rezoning and the location of a kennel which he stated would house 50 dogs. He cited objections to the noise, fleas, and odor of the dogs and expressed concerns regarding the upkeep of the facility. Mr. Henry Duncan and his wife, Pat, asked for the rezontng in order to construct a kennel for Mrs. Duncan's show dogs. According to Mr. and Mrs. Duncan, the kennel would not be visible from the road and would be washed down on a regular basis with the wastewater to be deposited in a septic tank located on the property. There was no one else present to speak either for or against the rezoning, and the public hearing for Petition 90-12 was closed. The Board discussed such options as the placement of special conditions on the kennel by the Board of Adjustment or the implementation of the Special Use District zoning for the property. Motion was made by Commissioner Melvin and seconded by Commissioner Simmons to deny Petition 90-12. No vote was taken on motion. UPON MOTION of Commissioner Hamby, seconded by Commissioner Moss with Commissioners Hamby, Moss and Simmons voting for and Commissioner Melvin and Chairman Lentz voting against, the Board tabled Petition 90-12 by Henry and Pat Duncan until the zoning meeting in October. SMALL AREA PLAN - ZONING ATLAS AND TEXT AMENDMENTS Dr. Nancy Randall commended the Planning Staff on the preparation of the "Small Area Plan for the Cold Springs Road/Highway 73 Community". Ms. Sue Russell, Planner, reviewed the process by which the Small Area Plan had been developed through the joint efforts of the residents of the community and the Planning staff. She noted that the new C-1 zoning as well as the Special Use Zoning would allow more flexibility in the area.