BC 2008 06 16 Regular - Laserfiche WebLink

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June 16, 2008 (Regular Meeting) Page 883 John Day, County Manager, presented an update on the draft Central Area Land Use Plan including changes made to the plan since May 20, 2008. Mr. Day reviewed three maps of the draft Central Area Land Use Plan, outlined changes made to the plan as presented in the agenda, and proposed the following next steps: 1. Joint meeting of Concord City Council and Board of Commissioners on June 25, 2008 to consider adoption of an Interlocal agreement recognizing the Utility Service Boundary (USB) and requiring that land annexed in the Central Area will be zoned at densities consistent with the Central Area Land Use Plan; and to consider an amendment to the consent agreement between the parties which incorporates the USB. 2. Month of July a. Open house week of July 19, 2006 for public to view changes to Draft Central Area Land Use Plan. b. Concord planning board holds public hearing on Draft Central Area Land Use Plan and considers adoption. c. Cabarrus County planning board holds public hearing on Draft Central Area Land Use Plan and considers adoption: also holds public hearing on mass rezoning and considers adopting related new zoning map. Staff recommends rezoning only the areas that amount to a down-zoning (i.e., a reduction in allowed densities). 3. Month of August a. Concord City Council holds public hearing on Draft Central Area Land Use Plan and considers adoption. b. Cabarrus County board of Commissioners holds public hearing on Draft Central Area Land Use Plan and considers adoption: also holds public hearing on mass rezoning and considers adopting related new zoning map. Staff recommends rezoning only the areas that amount to a down-zoning (i.e., a reduction in allowed densities). Mr. Day responded to various questions from the Board. Chairman White called the Board's attention to the fact that Commissioner Mynatt has a running motion to recuse herself from any vote on this matter since she owns property in this area. UPON MOTION of Commissioner Carruth, seconded by Vice Chairman Juba with Chairman White, Vice Chairman Juba and Commissioners Carruth and Privette voting for and Commissioner Mynatt abstaining, the Board confirmed the next steps for the Central Area Land Use Plan as presented. lire Certain P: Richard Koch, County Attorney, presented information related to a resolution authorizing condemnation to acquire certain property. He explained the following: in October of 2007, the Board approved a consent agreement with Mills subdivision; the developer had agreed to donate a 29- acre tract portion of the property to be used as a school site (Lower Rocky River Elementary); in return, the developer would receive a credit towards their voluntary mitigation payment up to the amount of an agreed appraised value of the land; while the details of the contract were being finalized, the entire property, including the school site, went into foreclosure; and Cabarrus County Schools have prepared the site for construction and are ready to move forward. He reported the County needs to begin the preliminary steps of condemnation and explained the process involved. He stated as part of the condemnation process, the County will be required to file a $1,688,820 deposit with the Clerk of Court based on the August 2007 appraisal of $70,000.00 per acre, which will allow the County to take title of the property immediately. He reported that if the developer can recover from bankruptcy, then the original agreement can be resumed. Mr. Koch and John Day, County Manager, responded to various questions from the Board. UPON MOTION of Commissioner Carruth, seconded by Vice Chairman Juba with Chairman White, Vice Chairman Juba and Commissioners Carruth and Mynatt voting for and Commissioner Privette voting against, the Board adopted the following resolution: Resolution No. 2008-11