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January 3, 2011 (Work Session) Page 270 Pitts School Road Elementary School - 104.94% J.N. Fries Middle School - 109.68% Hickory Ridge High School - 96.21% Including previously approved subdivisions and additional capacity from funded improvements in the 2009 -2010 Capital Improvement Plan (CIP) , these schools will be functioning at the following capacity upon completion of the Meridian subdivision: Pitts School Road Elementary School - 140.01% Hickory Ridge Middle School - 89.44% (with the closing of JN Fries at end of 2010 -2011 school year) Hickory Ridge High School - 111.10% The Capital Improvement Plan (CIP) does not include improvements to provide capacity relief at Pitts School Road Elementary School. J.N. Fries Middle School will be closing at the end of the 2010- 2011 school year as a traditional middle school. Beginning in August 2011, J.N. Fries will house a STEM Magnet program and the Performance Learning Center. Approximately 575 students from J.N. Fries are proposed to be transferred to the new Harold Winkler Middle School, projected to open in August 2011. Students from the Meridian project will be assigned to Hickory Ridge Middle School for the 2011 -2012 school year. The CIP does not include improvements that to provide additional capacity relief at Hickory Ridge High School. Cabarrus County Schools operating at 110% capacity are considered to be operating at the maximum capacity. Ms. Morris further reported that she and Mr. and Mrs. Zandate are available to respond to questions from the Board. Commissioner Carruth questioned the elementary school capacity and a discussion ensued on school capacity in general. It was also noted that the APFO VMP paid by the Zandates should be held, pending the resolution of the APFO. Ms. Morris also responded to a variety of questions from the Board related to the project. UPON MOTION of Vice Chairman Poole, seconded by Commissioner Carruth, with Chairman White, Vice Chairman Poole and Commissioners Carruth and Measmer voting for and Commissioner Burrage voting against, the Board voted to place Consent Agreement and School Capacity Information for Meridian Subdivision with payment due at building permitting to the January 18, 2011 Agenda as a Consent item. Commerce - Proposed Text Amendment- TEXT2010 -00005 and Public Hearing 6:30 P.M. Susie Morris, Planning and Zoning Manager, reported a request was received to permit a tattoo studio as a home occupation, the N.C. School of Government recently provided data on litigation results for cases involving tattoo studios and the First Amendment rights, and the County's zoning ordinance did not address tattoo studios. She advised that the purpose of the proposed text amendment No. TEXT2010 -00005 is to add "Tattoo Studio" as a permitted use in the General Commercial (GC) and Office /Limited Commercial (LC) zoning districts. Further, she reported the Planning and Zoning Commission considered the proposed amendment on December 16, 2010 but were not comfortable with adding the use as a home occupation. She advised that a public hearing is required and stated her availability to respond to questions. A general discussion ensued with Ms. Morris, County Manager Day and County Attorney, Richard M. Koch, responding to a variety of questions. It was noted that the areas of "GC" and "LC" is limited and concerns of tattoo studios locating in close proximity to educational institutions were raised. UPON MOTION of Vice Chairman Poole, seconded by Commissioner Carruth and unanimously carried, the Board vote to place "Proposed Text Amendment - TEXT2010- 00005" on the January 18, 2011 Agenda as a New Business item and scheduled a public hearing for 6:30 p.m. Communications and Outreach - Presentation of Results of the Fall 2010 Citizen Survey