SW3200402_Rezoning_4/29/2020

Application

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Cabarrus County
Application for a Zoning CARARRUUSS COUP
Map Amendment Ifir ciRO-Fii,
Subject Propertv Information
1. Street Address
2. PIN(s) (10 digit #)
3. Deed Reference
4. Location:
5. Township #
7a
i\ MT P�-xse*ri �o Sb,.v - G�mo Noll
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Book 22 9 6 Page
Description of Subject Property
33 G
Harrisburg Mount Pleasant _ Midland co„ny ✓
6. Size (square feet or acres) S. 1133 6?3 ,no So F1 7. Street Frontage (feet) AW y o?c)u - S ocx— 10f% 4AS'M Af-duJ-v lash fq-
S. Current Land Use of Property rn j LT-r j�1.1�1,b'r Ca MM441?'1 A t
9. Surrounding Land Use North co'ec S 1.4af `LG1' _,~%AUlWty-h'"
South
East &Cr1'ZUr) 17bUA - nn ,,e
West re 4 /h*/LCZAL 1 /l.�1M6rJ7l)a(.
Request
10. Change Zoning From r4 V To
11. Is this a request for a "Special Use" District? YES NO
(If YES, you must also submit an application for a Special Use Permit)
12. Purpose for Re st /y a— A �-► ,��LL?2l�C'
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Page 1 of 2
Rezoning Application
Created: 06/06/02
S:\Planning\Common\UDO Forms\Cabarrus County Rezoning Application.doc

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Cabarrus County
Application for a Zoning
Map Amendment URANUS COUK1'!
NONIN CAR 01111A
Owner/Aaent/Applicant Information
It is understood by all parties hereto including owner, petitioner, and/or agents that while this
application will be carefully considered and reviewed, the burden of providing its need rests with
the below named petitioner.
I do hereby certify that all information which I have provided for this application is, to the best of
my knowledge, correct.
13. Property Owner �� __� /�..
Address S%�� —9�11W� vL'KtJ ��f 1,(E - 0ar1 C6
Phone
Fax
Signature
14. Agent (if any)
Address
Phone
Fax
Signature
15. Applicant (if any)
Address
Phone
Fax
Signature
Page 2 of 2
Rezoning Application
Created: 06/06/02
S:\Planning\Common\LJDO Forms\Cabarrus County Rezoning Application.doc

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Cabarrus County
Application fora CABABNUS COUNfI
Conditional Use Permit MIN tAR011MA
Owner Information
It is understood by all parties hereto that while this application will be carefully considered and
reviewed, the burden of providing its need and providing all required evidence rests with the
below named petitioner. In addition, it is understood and acknowledged that if the property is
rezoned as requested and the Conditional Use Permit authorized, the property involved in this
request will be perpetually bound by the use(s) authorized and subject to such conditions as
imposed, unless subsequently changed or amended through the rezoning process. It is further
understood and acknowledged that it is the responsibility of the petitioner to file the development
plan in the Cabarrus County Register of Deeds Office as a deed restriction upon the subject
property.
If, after two years from the date of approval substantial construction has not begun, the property
in question may revert to its prior zoning designation after a public hearing is held in compliance
with the required procedure for an zoning map amendment.
I do hereby certify that all information which I have provided for this application is, to the best of
my/our knowledge, correct.
Property OwnerN�`,I
Address .S(.411TY&) "C
�/''Ce/Lh /✓ 07� d'Z
Phone (o 3 %
Fax D — fro — 4 337
Signatureu-�—
Page 2 of 2
Conditional Use District Application
Created: 06/06/02
S:\Planning\Common\UDO Forms\Cabarrus County Application for a Conditionall Use District.doc

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Cabarrus County -' L
Application for a CABABBBs CBBR
Conditional Use Permit NORiN CAROIINA
Applications for a Conditional Use Permit/District must be accompanied by an application
for a Zoning Map Amendment.
1. Please submit twelve (12) copies of a development plan in conformance with Section 13-11
of the Cabarrus County Zoning Ordinance. (all conditional use applications are encouraged
to include a site specific development plan which, if approved, will be binding on the
property in question):
2. Please list the specific permitted land use(s) that you are proposing. Land use(s) shall be
chosen from Section 3-8 of the Cabarrus County Zoning Ordinance titled "Table of Permitted
Uses."
3. Please list any specific conditions that you would be willing to impose as part of this
application (example: no outside storage permitted on -site, increased buffer width).
Page 1 of 2
Conditional Use District Application
Created: 06/06/02
S:\Planning\Common\UDO Forms\Cabarrus County Application for a Conditionall Use District.doc

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Cabarrus County
Application for a Zoning a�'
PP g .CAflAflflUS000NiY?
Map Amendment I I V H CAROHIA
Subiect Propertv Information
1. Street Address
2. PIN(s) (10 digit #)
3. Deed Reference
4. Location:
5. Township # /
7-2 y \T
Book V ef'3
Description of Subject Propertv
Page
6 io 4
Harrisburg _ Mount Pleasant _ Midland CP
(q ) � U� IF}C r�% d Sa 4jr
6. Size (square feet or acres
7. Street Frontage (feet)
8. Current Land Use of Property lRoj?1 f r/w�'— C�OMN►cR t ��
9. Surrounding Land Use North aAC /L/�-
South & IT4ENT"C -JoVACX—
East t4CFP�;,,✓ ./rr Cd/►r /�-�d.c41i�.
West &riy A Oprx - ll nor. l
Request / r
10. Change Zoning From /Q 0 To
11. Is this a request for a "Special Use" District? S NO
(If YES, you must also submit an apple for a Special Use Permit)
12. Purpose for Requesty 0`✓GJ ��-Q 4t�G 0 �✓
Page l of 2
Rezoning Application
Created: 06/06/02
S:\Planning\Common\UDO Forms\Cabarrus County Rezoning Application.doc

Cabarrus County
Application for a Zoning
Map Amendment
Own er/AQent/Applicant Information
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IL'
CABTus CUUNi1'`
10111 CHINA
It is understood by all parties hereto including owner, petitioner, and/or agents that while this
application will be carefully considered and reviewed, the burden of providing its need rests with
the below named petitioner.
I do hereby certify that all information which I have provided for this application is, to the best of
my knowledge, correct.
13. Property Owner 101)4y 7>A-1
Address ,SG/1' Jj�-4avrgc'l �22 �q�✓GoieQ o7C� 6 If
Phone 7o X - 7��- 13 3 7
Fax 7f 3 7
Signature �e
14. Agent (if any)
Address
Phone
Fax
Signature
15. Applicant (if any)
Address
Phone
Fax
Signature
Page 2 of 2
Rezoning Application
Created: 06/06/02
S:\Planning\Common\UDO Forms\Cabarrus County Rezoning Application.doc

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Application for a ! L
Special Use Permit
(All Jurisdictions)
11111 IAIIIIIA
Select Jurisdiction(Cabarrus:C�oun Harrisburg
OFFKT%1. V.SF.O\I.1
Petition Number
Date Filed:
Rrrcived By:
Midland Mount Pleasant
Applications for a Conditional Use District must be accompanied by an application for a
Zoning Map Amendment.
Please submit twelve (12) copies of a development plan in conformance with Section 13-11
of the Cabarrus County/Midland Zoning Ordinance or Appendix B, Section B-4.of the UDO
(all special use applications are encouraged to include a site specific development plan which,
if approved, will be binding on the property in question). If approved an additional site plan
will be required in order to receive a zoning compliance permit. (For specific requirements
please see the form entitled "Site Plan Requirements").
2. Please list the specific permitted land use(s) that you are proposing. Land use(s) shall be
chosen from Section 3-8 of the Cabarrus County/Midland Zoning Ordinance titled "Table of
Permitted Uses" or Article 4.6 in the Harrisburg/Mount Pleasant Unified Development
Ordinance titled "Use Regulations."
CA WAS
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3. Please list any specific conditions that you would be willing to impose as part of this
application (example: no outside storage permitted on -site, increased buffer width).
Page 1 of 2
Conditional —Use _District_Rewn ing_Appl ication_(AII_lurisdictions).doc
Created: 12/02/02

Application for a
Special Use Permit
(All Jurisdictions)
Owner Information
OFFICIAL USE ONLY:
Petition Number:
Date Filed:
Received 6.N
It is understood by all parties hereto that while this application will be carefully considered and
reviewed, the burden of providing its need and providing all required evidence rests with the
below named petitioner. In addition, it is understood and acknowledged that if the property is
rezoned as requested and the Special Use Permit authorized, the property involved in this request
will be perpetually bound by the use(s) authorized and subject to such conditions as imposed,
unless subsequently changed or amended through the rezoning process. It is further understood
and acknowledged that it is the responsibility of the petitioner to file the development plan in the
Cabarrus County Register of Deeds Office as a deed restriction upon the subject property.
If, after two years from the date of approval substantial construction has not begun, the property
in question may revert to its prior zoning designation after a public hearing is held in compliance
with the required procedure for an zoning map amendment.
I do hereby certify that all information which I have provided for this application is, to the best of
my/our knowledge, correct.
Property Owner
,5-0 14'ecJ 2: VT —
Address e-�'n N e-d1'e-D &C -- D 2 S'
Phone 70 X `_ 7f2- -SEZ 3
Fax
Signature
Page 3 of 2
Special Use District Application
Created: 12/02/02
S:\Common\Nicole\Website 2002\Forms\Conditional_Use_District_Rezoning_Application_(All_Jurisdictions).doc

Staff Report

PLANNING STAFF REPORT
TO CABARRUS COUNTY PLANNING AND ZONING BOARD
October 6, 2004
Petition: C04-08 (R)
Petitioner(s) Information:
Existing Zoning:
Proposed Zoning:
Purpose:
Township:
Property Location:
PIN:
Area:
Site Description:
Zoning History:
Henry Lee and Yvonne Furr
5707 Shore View Drive
Concord, NC 28025
AO — Agricultural/Open Space
LI — SU - Limited Industrial —Special Use
V(n, 4 �M. --<)
Petitioner would like to change existing zoning for the
purpose of constructing an additional Multi Tenant V
Commercial Building and to allow additional uses to
occur on the property.
Number 9 - Georgeville '
Intersection of Highway 200 and Mount Pleasant Road
5557-93-8895 & 5557-94-8172
Approximately 6.52 acres.
Property contains a Multi Tenant Commercial Building.
None available.
Area Relationships: North: Race Shop (AO/RE)
South: Residential/Open Space (AO/LDR)
East: Auction House (AO)
West: Residential (AO/LDR/RE)
Exhibits: 1. Property Map
2. Air Photo
3. Current Zoning Map
4. Site Plan
Code Considerations: Limited Industrial. This district provides for both large
and small scale industrial and office development. The
primary distinguishing feature of this district is that it is
geared to indoor industrial activities which do not
generate high levels of noise, soot, odors, and other
potential nuisances/pollutants for impacting adjoining
properties. It is typically located in areas of the County
with infrastructure (i.e. higher volume roadways, water

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PLANNING STAFF REPORT
TO CABARRUS COUNTY PLANNING AND ZONING BOARD
October 6, 2004
and sewer). Light industrial zones may border higher
density residential zones only when an effective buffer
exists, for example, a natural structural feature such as a
sharp break in topography, strips of vegetation or traffic
arteries. In no case, would a Limited Industrial zone be
located so as to result in industrial/commercial traffic
penetrating a residential neighborhood.
Code Considerations: Agricultural/Open Space. This district is comprised
mostly of lands which, due to physical characteristics
such as soil type, topography, etc., should remain
agrarian. To a lesser degree, these are also those lands
which are conducive to providing recreationally oriented
open space. These land areas should remain the farmland
and undeveloped/forested land of the County.
Consequently, residential uses that support those working
and/or owning the land, home occupations allied with
existing residences, and very limited business endeavors
are envisioned as complementary to the area. In sum, the
primary activity of these lands is agricultural - housing
and business are typically related to and supportive of the
practice of modern day agriculture. It is not, however,
improbable that a small hamlet type settlement might
evolve in this zoning district. As to those areas
constituting open space, manmade uses must take care to
enhance and not detract from the essential character of
the area.
Additional Considerations: Adjacent parcels contain a mixture of residential and
business uses. The lack of public water and sewer
discourages higher density development but the area can
support lower density commercial and residential uses.
The applicant has elected to pursue a conditional use
rezoning which calls for submittal of a site plan. Approval
of this petition will be contingent upon review and
approval of the final site plan by the appropriate agencies.
Proposed List of Permitted Uses (bold print indicates that the particular use is already
permitted in the AO district):
Automobile Supplies
Office/Professional
Repair Shop, Farm Equipment
Car Wash
Parking Lot Commercial or Private
Warehouse, Enclosed
Farm Machinery Repair
Printing & Reprographic Facilities
Communication Tower
Machine Welding Shop
Race Shop / Complex
Mobile Office, Temporary
Manufacturing & Processing
Repair shop, Automobile
Self Storage Facilities
Multimedia Production
Repair Shop, Small Engine
Truck & Heavy Equip. Sales/Service

PLANNING STAFF REPORT
TO CABARRUS COUNTY PLANNING AND ZONING BOARD
October 6, 2004
Compliance with Adopted
Land Use Plan:
Spot Zoning:
The 2002 Eastern Area Plan calls for this area to be in
Agriculture and Open Space zoning north of Highway
200 and in Low Density zoning south of the highway.
However, while not mapped, the Eastern Area Plan also
supports the development of small scale non-residential
uses in the planning area that support the local
agricultural economy and provide services to area
residents. Locations for such developments should be on
major thoroughfares and/or highways. This property is
located at the intersection of a thoroughfare and
numbered highway.
The board has discussed the issue of spot zoning in recent
cases. Because of the size and isolation of the proposed
rezoning, staff feels it necessary to review the four factors
in determining validity when evaluating a parcel for spot
zoning. These are presented for the boards consideration:
Tract Size
Generally the smaller the tract the greater the chance of a
petition being considered invalid. In this instance the
tract is of average size given its surroundings. There are
several smaller tracts and some much larger tracts of land
in the immediate vicinity.
Compatibility with Plan
This factor considers whether a rezoning fits into the
larger context of rational planning for a community.
Many of the proposed uses in this rezoning are consistent
with the Eastern Area Plan in that they can support the
local agricultural economy and provide services to
residents in the surrounding area. A few uses, however,
do not meet this criteria. They are:
Car Wash
Multimedia Production Facility
Printing and Reprography Facility
Race Shop/Complex
Warehouse, Enclosed
Communication Tower
Self Storage Facility

14
PLANNING STAFF REPORT
TO CABARRUS COUNTY PLANNING AND ZONING BOARD
October 6, 2004
While these uses do not meet the consistency criteria
listed above several of them are already permitted in the
AO zoning district. These include Multimedia Production
Facilities, Race Shop/Complex, and Communication
Tower. For the remaining uses (Car Wash, Printing and
Reprography Facility, Warehouse - Enclosed, and Self
Storage Facility) the board should determine if they pose
a significant impact to the surrounding properties
Benefits and Detriments
This factor considers who will benefit and who will be
harmed by the rezoning and to what extent — the question
being will this rezoning cause significant inconvenience
to surrounding property owners. Staff feels that as
proposed the rezoning would have little additional impact
on the surrounding property owners given that nearly half
of the proposed uses are already permitted in the AO
zoning district. For the uses not permitted in the AO
district, many of them are related to the uses that are
permitted (i.e. machine welding shop activities may
happen as part of a race shop complex which is permitted
in the AO district). In addition, there is another LI zoned
property in relatively close proximity to this request.
Relationship of Uses
This factor examines the relationship between the uses
proposed in this request and the uses permitted as the
property is currently zoned. As stated above, staff feels
that the overall change is minimal and will have little
additional impact in regards to traffic, noise, and effect on
property values.
Conclusion: The petitioner has requested a rezoning from AO to LI
(SU). If approved the site would be limited to the list of
uses outlined above. This petition also seems to satisfy the
typical considerations for a spot zoning review.
Recommendation: Planning staff recommends that petition C2004-08 (R) be
APPROVED with the following condition:
1. That a final site development plan be submitted that
complies with all Cabarrus County development
criteria (i.e. parking, landscaping, setbacks,
impervious surfaces, etc.).

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Cabarrus County Property Map
LEGEND*
PIN Location
Watershed Info
/\/ Parcel Lines
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Tax Map Grid
Water
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300 0 300 Fee
Easement Lines
4 Ft Topo Lines
Critical Area
� Protected Area
-NORTHCAAOLNA
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�/V Zoning Lines
20 Ft Topo Lines
0 100 Year Floodplain AE Zone
Cabamus County shau not be held liable for any errors
in these data. This lndudes
� Existing Sewer
EMS
0 100 Year Floodplain A Zone
errors of omission, cormvssion,
enors concernind the content of the data. and relative
data. These data
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,. �V Proposed Sewer
--m Fire Stations
0 500 Year Floodplain X Zone
and positional accuracy of the cannot
be construed to be a legal document Primary sources
fromwhichthesedatawerecomplledmustbeconsultcU
Existing Water
r�-Hospitals
®Airport Overlay Zone
for vedhcation of information contained in in the data.
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'Layers
Aerial photography taken in 1995
shown on this map only as requested.

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Approval Letter

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NORTH CAHOLINA
October 15, 2004
Mr. Henry and Yvonne Furr
5707 Shore View Drive
Concord, NC 28025
Re: Rezoning Petition for 5557-93-8895 & 5557-94-8172
Dear Mr. and Mrs. Furr:
At the October 14 meeting of the Cabarrus County Planning and Zoning Commission a
public hearing was held for your rezoning petition. After the hearing the board voted
unanimously to approve your rezoning request.
Per the Cabarrus County Zoning Ordinance there is a fifteen -day appeal period where any
aggrieved party may request that the Board of County Commissioners review your
petition. Should no one choose to file an appeal the rezoning decision of the Planning
and Zoning Commission will stand.
Prior to the start of any construction on the properties you are required to submit a final
development site plan and obtain any other necessary permits (i.e. building, erosion
control, etc.). If our office can be of any assistance to you in obtaining the required
permits please do not hesitate to contact us.
Sincerely,
Rodger tz,
Planning and Zoning anager
Planning Services Department
P.O. Box 707 Concord, NC 28026-0707 • 704-920-2141 • Fax [phone]
Curren: € Long Range Planning Division 704-920-2141 • Community Development Division 704-920-2142
Erosior, and Sediment Control Division 704-920-2867 Fax [phone] • Transportation Division 704-920-2150
Zoning Division 704-920-2137 Fax [phone]

Minutes

Commerce Department
Planning Division
Planning and Zoning Commission Minutes
October 14, 2004
7:00 P.M.
Mr. Carl Hill, Chairman, called the meeting to order at 7:00 p.m. Members
present in addition to the Chair were Mr. Fred Brown, Mr. A. Eugene Divine, Mr.
Leonard Lancaster, Mr. Richard Moore, Mr. Edward Moose, Ms. Deborah K.
Slivensky, Mr. Mark Smith and Mr. Ric Starnes. Attending from the Planning and
Zoning Division were Mr. Rodger Lentz, Planning and Zoning Manager. Also in
attendance was Mr. Richard Koch, Attorney for the Planning and Zoning
Commission.
There being no corrections to the September 16, 2004 Minutes. Mr. Moore
MOTIONED, seconded by Mr. Starnes to approve the Minutes as written. The
vote was unanimous.
is
New Business — Planning Board Functions
The Chair introduced the first item on the Agenda, Zoning Atlas Amendment,
Petition C04-08 (R-SU):
1. Applicant: Henry Lee and Yvonne Furr
Request: Zoning Atlas Amendment
This was a request to the Cabarrus County Planning and Zoning Commission
from Henry Lee and Yvonne Furr to have their property located at the
intersection of Highway 200 and Mount Pleasant Road, rezoned from
Agricultural/Open Space (AO) to Limited Industrial — Special Use (LI-SU).
The Chair swore in Mr. Henry Furr, Ms. Yvonne Furr, Mr. Leroy Cook and Mr.
Rodger Lentz.
Mr. Rodger Lentz, Planning and Zoning Manager said as a reminder on this type
of rezoning it will take two votes. The first vote is for the rezoning itself and the
second vote is for the permit. The second vote is where you put the conditions
on if you are going to put any on it that is also where you will be approving the
land uses and site plan.
0
Cabarrus County • Commerce Department • 65 Church Street, SE • Post Office Box 707 • Concord, NC 28026-0707
® Phone: [phone] • Fax: [phone] • www.cabarruscounty.us
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2
• Mr. Lentz then presented to the Board Petition C04-08(R-SU) and staff report
stating the petitioner would like to change the existing zoning for the purpose of
constructing an additional multi tenant commercial building and to allow
additional uses to occur on the property. He said there is an existing building
already on the property. Mr. Lentz said staff has recommended approval based
on our findings and the following condition. Mr. Lentz said this would be a
condition that the Board would put in the second vote. That a final site
development plan be submitted that complies with all Cabarrus County
development criteria (i.e. parking, landscaping, setbacks, impervious surface,
etc.). Mr. Lentz said this is just a rough sketch that the petitioners have given
staff. If approved the petitioners would have to produce a full zoning site plan
before they can proceed and get their zoning permit.
Mr. Moore asked is the zoning change request due to the additional building or
what is driving the change?
Mr. Lentz said it would be the requested uses of the petitioners. He said they
wanted to have some expanded use of that property.
Mr. Leroy Cook addressed the Board stating what Mr. Furr proposes is going to
affect him. He said if it was changed to Limited Industrial, they could put
• another racing shop down there.
The Chair said Mr. Furr could do it right now without even changing the zoning.
It would allow him to put like a farm machinery repair shop. The Chair said the
only thing it does is it is going to open it up to put some more small businesses
there that is conducive to the area.
Mr. Cook asked how is that going to impact the surrounding areas.
Mr. Lancaster said as far as changing the zoning to the surroundings areas, it is
not going to impact it at all.
Mr. Cook said you are talking from an AO district to an LI district.
Mr. Lancaster said it will not change any other zoning in that area except for that
parcel. He said to Mr. Cook that his zoning will be the same as it is now.
The Chair asked Mr. Lentz if anyone has called or talked to him about this
rezoning petition.
Mr. Lentz said no one has called on this particular petition.
r:

3
• Mr. Starnes said two things he would like to bring out. He said one is the
petitioners, he has met them once, but he has read more about them in the
newspapers. He said they essentially have reputations of being able to turn
nothing into something in the middle of nowhere. Mr. Starnes said he think the
Furr's are excellent candidates for something like this. He said his only other
comment he would like to make is he knows that area is prone to flooding all
along Highway 200 area. He asked about this particular area.
The Chair said it floods there also.
Mr. Lentz said there is some floodplain down there. He said their parcel where
the building is, is kindly on a bluff overlooking the intersection.
There being no further comments Mr. Lancaster MOTIONED to approve Petition
C04-08(R-SU), seconded by Mr. Starnes. The vote was unanimous.
Mr. Lentz said on the second vote the Board is just making sure of the staff
condition. He said if the Board sees any other conditions they would like to place
on this rezoning this would be the time to do that in this particular motion.
Mr. Moore said he would like to know what those conditional uses were.
• Mr. Lentz said on the second page of the staff report at the bottom is the
proposed list of permitted uses. He said the bold prints are things that are
already allowed with the current zoning. The other prints, if this rezoning is
approved, would be additional uses approved.
Mr. Moore said he understands that. He said earlier he asked a question and the
applicant said they wish a zoning change because they had specific uses in mind
that they wanted additional uses for the property. Mr. Moore said he would like
to know what those were that they had in mind.
Mr. Henry Furr, Petitioner, addressed the Board stating where he ran into the
problem when he built the shop is his understanding was that they could have a
race car in the shop and build a body on it. He said they told him he was not
legal. Mr. Furr said he needs to build another shop for his equipment. That is
the main reason he is doing it.
The Chair said this one does not make it legal. He said this is part of the existing
facilities he has that would become legal facilities and he would like to look into
building a race shop.
0
Mr. Furr said they have it divided up in different sections.

4
. Mr. Moore said so the race shop was already permitted.
Mr. Lentz said there is a long history in this property and he is not familiar with
all of the things that he mentioned as being illegal. He said the conversation
they had on the phone was they were talking about the mini warehouses which
were not allowed in the AO district.
Ms. Slivensky asked how visible would the new building be from the highway.
Mr. Lentz said the newest building will actually be behind and to the side of the
existing building.
Mr. Moore asked about noise.
Mr. Furr said there will be no noise.
Mr. Lentz said if they end up doing the race shop then they would have to meet
those standards in the zoning ordinance about decibel levels.
There being no further comments Mr. Starnes MOTIONED to approve Petition
C04-08(R-SU) with staff condition that a final site development plan be
• submitted that complies with all Cabarrus County development criteria (i.e.
parking, landscaping, setbacks, impervious surfaces, etc.), seconded by Mr.
Lancaster. The vote was unanimous.
Petition C04-08(R-SU) Approved.
The Chair introduced the second item on the Agenda, Zoning Text Amendment,
Petition C04-07(ZT):
2. Applicant: Cabarrus County Planning Staff
Request: Zoning Text Amendment
This was a request to the Cabarrus County Planning and Zoning Commission
from the Cabarrus County Planning Staff for amendments to the Cabarrus County
Zoning Ordinance in order to make mobile home parks and multifamily
developments subject to the Adequate Public Facilities Ordinance.
Mr. Rodger Lentz, Planning and Zoning Manager, addressed the Board
presenting Petition C04-07(ZT) stating staff was asked to put together some
proposals for increasing the minimum contributions on the adequate public
facilities ordinance. The Board of Commissioners took action to set it at $4,034
for single family homes and to set it at $1,331 for multiple family units, town
• homes, apartments and the like. He said in order to fully enact that we need to
do a text amendment that takes you from the zoning ordinance and references

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• you to the subdivision ordinance where the adequate public facilities ordinance
resides. Mr. Lentz said this text amendment does just that. It amends four
sections of Chapter 7. Chapter 7, Section 7-4, Item 14, Duplex, Section 7-4,
Item 24, Multifamily Residential and Section 7-4, Item 43, Town homes. Chapter
8, Section 8-4, Item 27, Mobile Home Parks. He said essentially what those
things are doing is just adding a section that says please see the subdivision
ordinance - you must comply with the adequate public facilities standards of the
subdivision regulations.
Mr. Lancaster said if the Board votes for this text amendment we are just
agreeing with the County Commissioners on the $4,034 impact fee per lot.
Mr. Lentz said he does not know if he would characterize it as that. He said in
the history of this board we have always deferred to the Board of Commissioners
to set whatever agreement they wanted to set. Mr. Lentz said what he thinks
this is doing with this board is saying we are agreeing that if we are going to
have an adequate public facilities ordinance we ought to apply it, not just to
single family, but to these other classes of development. He said this board is
not setting the fee or making those agreements with the Board of
Commissioners. What this board has done historically with their votes on
development approvals is to say okay we approve the design with the condition
• that you go to the Board of Commissioners and enter into a consent agreement
to meet the adequate public facilities ordinance. Then the developer can
negotiate with the Board of Commissioners into how they are going to meet it.
Mr. Lancaster said when a subdivision comes before this board they will
voluntarily have to spend $4,034. He asked if that is going to be mandatory.
Mr. Lentz said the policy has not changed; the minimum value has been
increased.
Mr. Lancaster said the reason he is questioning this is because he is real
surprised that this went to the County Commissioners instead of coming to this
board first. He said the legality of this is being questioned and it is going to hit
the fan pretty quick because there is only one other county in the State of North
Carolina that does that. Mr. Lancaster said the reason it is going to hit the fan is
because it is snowballing. Other counties are going to jump on board of this
impact fee. He said he questions the legality of it.
Mr. Lentz said he used the term impact fee. He said he would like to describe to
him why the philosophy in Cabarrus County, at least, is a little different and the
adequate public facilities ordinance the way it works is a little different. He said
• an impact fee would apply to every single permit. The difference between the
adequate public facilities ordinance is, our role as the planning office, we have to

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prove that the schools are overcrowded. We know how many children are in
schools, how many seats we have and how much development we have
approved. If we put those together we are going to go over one hundred and
ten percent, because that is the level the Board of Commissioners said they
would accept. If we can show that, then we can apply the adequate public
facilities ordinance and again, we are only applying it to those major subdivisions
of five or more lots. That is a little bit different. If at some point we catch up to
a point where we are less than one hundred and ten percent, then you would
not have to pay the fee. We could not justify that fee being collected because
we have met what was set as the level of service standard. Mr. Lentz said that
is the difference between an adequate public facilities ordinance and an impact
fee. He said at some point the adequate public facilities fee actually might go
away if we get the seats back to a reasonably level. Whatever the Board of
Commissioners decides that is.
The Chair said there is another basic difference. The impact fee is not used
necessarily for the school system it can be used for anything that the county
deems they want it for. The adequate public facilities fee is only used for
schools. The Chair said he is so happy to see that we finally have included
multifamily homes.
• There being no further comments Mr. Smith MOTIONED to approve Petition C04-
07(ZT), seconded by Mr. Starnes.
Mr. Lancaster said he does not think that we have heard the end of this. He said
he still say the way it was handled, it is going to bring up a legal issue.
Ms. Slivensky asked if this is going to impact fees that are going to be charged.
Mr. Lentz said in the readings that he did, it showed that every penny of that
was not passed on to the end user. He said not all of the $4,000 goes to the
end user. What happens is it gets eaten up through the whole development
process.
Ms. Slivensky asked who receives the money.
Mr. Lentz said the policy was set that we would collect the adequate public
facilities fees when the builder comes in for building permits. There is a special
account that that money will go into. It can only be used for capital school
construction.
Mr. Smith said the County can track that money and the school board will show
• that that money was only used for capital expense, nothing else.

• Mr. Lentz said yes, it can be tracked.
Ms. Slivensky said whenever the County has enough schools will the impact fees
still continue.
Mr. Lentz said the Board of Commissioners set a level of service standard in a
resolution that they did when they first went to the $1,008. In that resolution
they said they will accept one hundred and ten percent. If we drop below one
hundred and ten percent and unless some one changes the resolution that was
adopted, then we can no longer justify the adequacy test.
Mr. Moore said that adequacy test is based upon the number of homes that
adequacy test is for. He said if that falls below the one hundred and ten percent
then that is not approved.
Mr. Lentz said we take the number of kids we have plus the kids we would
expect from all of the developments that we have approved - 10,000. Multiply
10,000 by .6, come up with 6,000 students so we have 10,000 plus 6,000 and
we said we would accept 11,000 over that. So every development would pay
that fee until we catch back up.
• The Chair said if you want to know the reason behind this is that with this
adequate public facilities fee, over the course of the next decade, it will bring in
about $145,000,000.00. He said if those monies are brought into the County, it
would not be passed onto property tax. You could either allow the new
construction to pay it or you can pay it, that is what it boils down to. Possibly
we would not need that bond issue because this would bring in an equal amount
of problems without taxing the citizens, because that $94,000,000.00 bond issue
also carries a thing called interest, which actually pushes the payment up to
$155,000,000.00. The Chair said that is the theory behind what this adequate
public facilities fee is.
Mr. Lentz said keep in mind that if we have an inventory, the 10,000 he was
talking about, we have just now started to apply the $4,034. It will be a while
before we can absorb those 10,000 lots and realize the full amount of the $4,034
per unit. He said the other thing is every single permit that we issue does not
happen in a major subdivision. For single family it is only 84%, 16% happens in
a minor subdivisions or an existing lot out in the country. He said for mobile
homes it drops to 50%.
The vote was 7 to 2. Mr. Lancaster and Ms. Slivensky dissenting.
Petition C04-07(ZT) Approved

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Commerce Department
Planning Division
MEMORANDUM
TO: Cabarrus County Planning and Zoning Board Members
FROM: Phyllis Carr
DATE: September 27, 2004
SUBJECT: Rescheduling of the October 21, 2004 Meeting
I was informed today that we need to reschedule our October 21st Planning and
Zoning Board meeting. Mr. Hill (The Chair) would like to have it on Thursday,
October 14, 2004, at 7:00 p.m. If you have any questions please contact Rodger
or myself at [phone].
Thank you
Cabarrus County • Commerce Department • 65 Church Street, SE • Post Office Box 707 • Concord, NC 28026-0707
® Phone: [phone] • Fax: [phone] • www.cabarruscounty.us
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Mr. Lentz said this is a recommendation and it will go to the Board of
Commissioners at their next meeting.
Director' Report
Mr. Lentz said there will be a board training session in Mooresville on November
30, 2004.
There being no further business the meeting was adjourned at 8:00 p.m.
APPROVED BY:
MATED BY: Carl Hill, Chairman
1hylll` C. Carr
• ATTEST BY:
Rodger Lentz
Planning and Zoning Manager
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