AG 2000 07 24 - Laserfiche WebLink

Home Browse Search

482 Pr~liminar%, ~la~ ~or Van~rbur~ E~ - Phase II the Plannino and Zonin~ Commission DRAFT -- ADDeal of Denial bY Mr. Marshall presented Petition C00-02 (s), preliminary plat approval for Vanderburg Estates - Phase II, that was denied by the Planning and Zoning Commission. The applicants, Mark and Dakeita Horton, have appealed this decision to the Board through the County's Subdivision Regulations. The proposed subdivision located in the Midland township off Dakeita Circle will have approximately 40 lots and will adjoin the existing Vanderburg Estates. The developers plan to use private wells and septic tanks for sanitary facilities. However, Mr. Marshall pointed out the area is not particularly suitable for septic tanks and an estimated one-fourth of the planned lots may be unusable. A letter from Mr. Robert Kluttz of the Cabarrus County Schools addressed school adequacy issues involving J. N. Fries Middle School, Central Cabarrus High School and Bethel Elementary School. Both the middle school and high school are capped and are not adequate to sez~e the needs of the development. To address this issue, the petitioner has proposed to limit the development to ten units per year. According to Mr. Marshall, school issues would be addressed over time with the opening of the new high school and the construction of a new middle school. Mr. Marshall also pointed out that this is an area of the county in which there is very little inventory of vacant lots. He advised that staff recommends approval of the subdivision with the limitation of ten building permits per year. If the building permit restriction is not acceptable, Mr. Marshall said the developer is willing to address the issue of contribution to school adequacy. The Planning and Zoning Commission denied the petition, as the proposed subdivision did not meet the Adequate Public Facilities Ordinance. In conclusion, Mr. Marshall confirmed that the area is not within the proposed town limits of Midland. Mr. Gaillard Mervin, representing Mark and Dakeita Horton, responded to questions by the Board. He stated it would be the petitioner's choice to limit the number of building permits and spread the project over a number of years to avoid the creation of any school problems. However, if that is not acceptable, Mr. Mervin stated the petitioner would be willing to offer $500.00 per lot on a recordable plat. He also addressed the issue of poor soil conditions and the fact that a number of the lots may not be suitable f6r a septic tank. Chairman Fennel questioned the petitioner about the offer of $500.00 per lot to address school adequacy needs. Mr. Mark Horton confirmed the offer. UPON MOTION of Chairman Fennel, seconded by Commissioner Privette and unanimously carried, the Board approved Petition C00-02(S), the preliminary plat for Vanderburg Estates - Phase II, with the developer to contribute $500.00 per lot to address school adequacy needs inclusive of an agreement between the County and the developer. Chairman Fennel listed the following findings concerning the Petition: (1) There 'is very little inventory ~f vacant lots in the area surrounding this subdivision. (2) Within this subdivision, the rate of lot absorption is very low. From 1990 to summer 1999 there were 10 building permits issued for the construction of single- family homes in Vanderburg Estates. (3) By timing construction in Vanderburg Estates, the expected impact on area schools is not more than would be expected by other background development activity in Cabarrus County. (4) Of the 80 lots in the first phase of Vanderburg Estates, approximately one quarter are unsuitable for septic systems. Soil conditions in phase two are similar, so it is estimated that approximately one-quarter of those lots will also be unsuitable for septic system. Mr. Mervin asked for confirmation that there would not be a restriction of ten (10) building permits per year with the contribution of $500.00 per lot to address school adequacy issues. The Board confirmed that this was correct. Proposed Fee Schedules for Development Services and Plannin~ Services Mr. Mike Downs, Development Services Director, presented the proposed Development Services and Planning Services Fee Schedules and responded to questions by the Board. UPON MOTION of Commissioner Privette, seconded by Commissioner Carpenter and unanimously carried, the Board adopted the following Development Services and Planning services fee schedules to be effective July 1, 2000, as recommended. ~,-~