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January 20, 2009 (Regular Meeting) Page 1126 Susie Morris, Planning and Zoning Manager, presented the following information regarding the Consent Agreement for the Edison Square Condominium Project: The Edison Square condominium project was approved by the City of Concord Planning and Zoning Board on June 20, 2006. The project consists of 168 condominium units on +/-31.65 acres located at the intersection of Harris Road and Ellenwood Drive. The specifics of the agreement are as follows: • Developer - Shea Homes, LLC, 3936 Toringdon Way, Suite 100, Charlotte, NC 28210. • Payment of $1,331 per unit will be paid prior to building permitting. • Build out schedule would be no more than 95 multi-family residential condominium unit building permits issued in calendar year 2009, no more than 95 multi-family residential condominium unit building permits issued in calendar year 2010, no more than 45 multi-family residential condominium unit building permits issued in calendar year 2011, and no more than 33 multi-family residential condominium unit building permits issued in calendar year 2012. • This Consent Agreement was tabled at the December 15, 2008 regular meeting of the Board of Commissioners. The APFO worksheet filled out by Mr. Robert Kluttz with Cabarrus County Schools indicates that schools impacted by the Edison Square condominium project are currently functioning at the following capacities: Cox Mill Elementary School - 88.2 Harris Road Middle School - 122.58 Northwest Cabarrus High School - 128.2 Including previously approved subdivisions and additional capacity from funded improvements in the Capital Improvement Plan, these schools will be functioning at the following capacity upon completion of the Edison Square condominium project: Cox Mill Elementary School - 139.328 Harris Road Middle School - 112.70 Northwest Cabarrus High School - 92.38 The Capital Improvement Plan includes the Cox Mi11 High School, projected to open in August 2009 and will provide relief to Northwest Cabarrus High School. This project was funded in FY 2008 according to the current CIP. The CIP also includes a new middle school in 2010 in the south central part of the county that will provide relief to Harris Road, Concord, J.M. Robinson and Northwest Middle Schools. The CIP indicates this project will be funded in FY 2009. Cabarrus County Schools operating at 110$ capacity are considered to be operating at the maximum capacity. Ms. Morris noted the availability of Chase Kerley, representative of Shea Homes, to respond to questions. Ms. Morris responded to questions from the Board and a general discussion ensued. The following issues were addressed: the funding schedule for a future elementary school; school construction needs; school capacity; the new 15-year school plan; etc. Commissioner Carruth MOVED to approve the Consent Agreement between Cabarrus County and Shea Homes, LLC for the Edison Square Condominium Project, including the payment of $1,331.00 per lot to advance school adequacy with payment due at building permitting and the aforementioned build-out schedule. He further MOVED to authorize the County Manager to execute the Agreement on behalf of Cabarrus County, subject to review or revisions by the County Attorney. Vice Chairman Mynatt seconded the motion. Commissioner Privette voiced his intent to vote against the motion, noting school overcrowding.