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September 7, 2010 (Work Session) Page 102 The Savannah Commons subdivision was approved by the City of Concord Planning and Zoning Board on December 21, 2004. The project consists of 28 single - family residential lots on +/- 11.35 acres located off Pitts School Road. The specifics of the agreement are as follows: ■ Developer - Landmark Development Ventures, LLC, P.O. Box 5308, Concord, NC 28027. • Payment of $1,008.00 per lot. • A Consent Agreement was discussed at the Board of Commissioners Recessed Meeting on September 29 2005. However, a Consent Agreement was not executed at that time. • All 28 lots in the project were final platted with the City of Concord on June 6, 2006. • Developer agrees to pay $28,224.00 (lump sum) upon execution of the Consent Agreement and prior to any permits being issued for the project. The APFO worksheet filled out by Mr. Robert Kluttz with Cabarrus County Schools indicates that schools impacted by the Savannah Commons subdivision are currently functioning at the following capacities: Pitts School Road Elementary School - 107.95% J.N. Fries Middle School - 106.08% Jay M. Robinson High School - 96.16% 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 Savannah Commons subdivision: Pitts School Road Elementary School - 143.12% J.N. Fries Middle School - 125.31% Jay M. Robinson High School - 107.39% The 2009 -2010 Capital Improvement Plan (CIP) does not include improvements to provide capacity relief at Pitts School Road Elementary School. The redistricting plan approved by the Cabarrus County Board of Education for Hickory Ridge Middle School, scheduled to open August 2010, will not provide capacity relief for J.N. Fries Middle School. The Harold Winkler Middle School is projected to open in August 2011. One hundred students are to be transferred from J.N. Fries Middle School to the new Harold Winkler Middle School under the proposed redistricting plan. However, the Board of Education has not yet approved this boundary adjustment. The CIP does not include improvements that to provide additional capacity relief at Jay M. Robinson High School. Cabarrus County Schools operating at 110% capacity are considered to be operating at the maximum capacity. UPON MOTION of Commissioner Carruth, seconded by Commissioner Mynatt and unanimously carried, the Board voted to place the Consent Agreement and School Capacity Information for Savannah Commons Subdivision on the September 20, 2010 Agenda as a New Business item. Legal Staff /Commerce - Session Law 2010 -177, An Act to Amend the Permit Extension Act of 2009 In reference to Session Law 2010 -177, "An Act to Amend the Permit Extension Act of 2009 ", Susie Morris, Planning and Zoning Manager, reported the Legislature did allow another one -year extension on development approvals, however, this one is not mandated and is optional. She advised the Board may opt for the additional one -year extension or may remain under the 2009 Act. She stated if the Board chooses to remain under the 2009 Act, the current 2009 legislative dates would stay in place. Consequently, projects approved between January 2008 and December 31, 2010 could be extended up to an additional three years.