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January 20, 2009 (Regular Meeting) Page 1211 69 single-family residential lots on +/-80.68 acres located on Old Camden Road. The specifics of the agreement are as follows: • Developer - Wyndham Estates, LLC, 1101 Lester Mullis Road, Indian Trail, NC 28079. • Payment of $4,039.00 per lot to be paid prior to final platting. • Build out schedule is no more than 69 lots platted in 2009. The APFO worksheet filled out by Mr. Robert Kluttz with Cabarrus County Schools indicates that schools impacted by the Wyndham Estates subdivision are currently functioning at the following capacities: • Bethel Elementary School - 77.938 • C.C. Griffin Middle School - 128.85°s • Central Cabarrus High School - 81.09$ Including previously approved subdivisions and additional capacity from funded improvements in the 2008-2009 Capital Improvement Plan (CIP), these schools will be functioning at the following capacity upon completion of the Wyndham Estates subdivision: • Bethel Elementary School - 117.20 • C.C. Griffin Middle School - 113.82$ • Central Cabarrus High School - 71.36$ The Capital Improvement Plan includes the A.T. Allen Elementary School replacement. This project is slated for funding in FY 2009 and will provide relief to A.T. Allen and Bethel Elementary Schools. A new elementary school south of Harrisburg is also included in the CIP with funding slated for 2013. This project will provide relief for Harrisburg and Bethel Elementary Schools. A southwest area middle school, slated for funding in 2009, will provide relief for J.N. Fries and C.C. Griffin Middle Schools. The CIP also includes an addition to Central Cabarrus High School, to be funded in 2013. The CIP includes a new west/central high school, to be funded in 2013, providing relief to Central Cabarrus, Concord, Hickory Ridge and J.M. Robinson High Schools. Cabarrus County Schools operating at 110 capacity are considered to be operating at the maximum capacity. Ms. Morris also announced that the developers of Wyndham Estates are present at this meeting and wish to address the Board. Mr. Scott Collins and Mr. Joe Collins, developers of Wyndham Estates subdivision, addressed the Board and requested to pay the voluntary mitigation payments before or at the time building permits are issued due to the struggling economy. In response to a question posed by Vice Chairman Mynatt, Ms. Morris explained that projects with valid consent agreements remain in inventory and are used to compute school capacity until preliminary plat approvals expire. Chairman White stated that it is his understanding that the developers of the subdivision are asking to build out all 69 units in 2009, yet realistically, all units will not be able to be constructed in this year due to the economy. He then asked Ms. Morris if for planning purposes, the Board needs to plan that all 69 units will be built this year for school capacity reasons. Ms. Morris responded in the affirmative. Commissioner Poole then asked why this development's build-out schedule states all 69 units are to be constructed in this year. Ms. Morris responded if the economy improves, there is a potential to sell all lots. She also stated the Board has the option of renegotiating the build out schedule. Commissioner Poole commented that it is hard to judge the number of constructed lots that will affect school capacity. She also stated that if the Board allows this developer to pay the mitigation fees at permitting, it may open the door for future developments to want to do the same thing. Vice Chairman Mynatt commented that she feels fees should be paid at permitting rather than platting, noting the struggling economy. She also