Approved March 8 2022 PZ Minutes (2)

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Staff Use Only: PLANNING STAFF REPORT Approved: ____ CABARRUS COUNTY PLANNING AND ZONING COMMISSIONDenied: ____ Tabled ____ 4/19/2021 David Goldberg, Deputy County Attorney, and Susie Morris, Planning and Zoning Manager, met with Mr. Radford’s attorney to discuss permitted use of the property and options for compliance. 5/7/21 Officer Hicks performed a site visit to document site conditions and confirmed the illegal business was still operating. 5/17/21 Officer Hicks issued a Warning Notice of Violation (NOV) for the subject property regarding the illegal operation of a sawmill on the property. The NOV provided (30) days for the owner to cease operations of the illegal business and bring the property into compliance with Cabarrus County’s Development Ordinance (CCDO). 6/18/21 Officer Hicks, the Cabarrus County Zoning Administrator and the Cabarrus County Attorney startedworking with Mr. Radford’s Attorney on a path for compliance anda formal Compliance Plan. 5/17/21 – 7/15/21 During this timeframe, Officer Hicks monitored the site and took photos documenting conditions. He observed no significant changes to the operation of the illegal business or the overall site conditions. (See Photos) 7/15/21 A Compliance Plan, submitted by Mr. Radford’s Legal Counsel, was executed for the site. (See Compliance Plan document dated 7/15/21). 7/21/21 - 10/8/21 During this timeframe, Officer Hicks made regular site visits to the subject property to check on progress and compliance with the executed Compliance Plan. 10/19/21 Pursuant to the executed Compliance Plan, operation of the illegal business was to cease over a 90-day periodfrom the date of the execution of the agreement, which was July 15, 2021. The final date for compliance was October 15, 2021. Officer Hicks observed no indications that the illegal sawmill operation was scaling back or in the process of vacating the site. Due to the ongoing nature of the violation and non-compliance with the executed Compliance Plan, a Notice of Violation was issued that included a $450.00 civil penalty. The NOV stated that the property owner had (15) days to cease the illegal operations on the property.