AG 2010 03 15 - Laserfiche WebLink

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RESOLUTION AUTHORIZING THE COUNTY MANAGER AND THE COUNTY ATTORNEY UNDER LIMITED CIRCUMSTANCES TO AMEND CONSENT AGREEMENTS ENTERED INTO PURSUANT TO THE ADEQUATE PUBLIC FACILITIES ORDINANCE WHEREAS, pursuant to the County's Adequate Public Facilities Ordinance ("APFO") as currently codified in Chapter 15 of the Cabarrus County Zoning Ordinance and in Section 17 of Chapter 4 of the Cabarrus County Subdivision Ordinance, various developers and builders in the County have each entered into a Consent Agreement with the County; WHEREAS, almost all of these Consent Agreements require the builder/developer to phase the construction of their project and to pay a Voluntary Mitigation Payment ("VMP") to the County to mitigate the effect of the project on public school capacity; WHEREAS, because of the present economic downturn, the development of new and existing residential subdivisions and the construction of new homes in Cabarrus County has slowed considerably and the ability of builders and developers to finance their projects has been adversely affected; WHEREAS, most of the Consent Agreements require the developer/builder to pay the VMP for each lot at the time the lot is created by the recording the final plat; WHEREAS, sometimes the effect of payment of the VMP to the County at final platting require the builder/developer to pay the VMP months or even years in advance of the start of construction of the new residence that would house the additional students to be enrolled in the local public schools; WHEREAS, the APFO allows the County to permit builders and developers to pay the VMP at the time a building permit is pulled for the new residence; WHEREAS, allowing builders and developers to pay the VMP at building permitting would ease the cash flow needs of such businesses and match the time of VMP payment more nearly to the time of the potential effect of the new residence on school capacity; WHEREAS, the Cabarrus County Board of Commissioners acknowledges that allowing payment of the VMP at building permitting adversely affects the County's cash flow on the collection of funds to build new schools at a time that the County's own financial position has been adversely affected by the economic downturn, but the Board believes that it is in the County's overall best interest to provide some temporary relief to builders and developers subject to the APFO; and WHEREAS, the expeditious administration of these amendments would be best served by the Board delegating to the County Manager and the County Attorney the preparation and execution of these amendments; NOW, THEREFORE, BE IT RESOLVED, that the CABARRUS COUNTY BOARD OF COMMISSIONERS hereby resolves the following: Attachment number 1 G-4 Page 100