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February 16, 2009 (Regular Meeting) (E) OI,D BUSINESS Page 1238 Commerce Department - Consent Agreement for Wyndham Estates Susie Morris, Planning and Zoning Manager, presented the following information regarding a Consent Agreement for Wyndham Estates Subdivision: The Wyndham Estates subdivision was approved by the Town of Midland Planning and Zoning Board on November 7, 2007. The project consists of 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 $4,039.00 per lot to be paid prior to final platting. • A Consent Agreement was approved January 20, 2009 for 11 lots to be platted in 2009. At the January 20t", 2009 meeting, the Board requested the developer submit a revised phasing schedule to determine the remaining build out of the project. • The developer has amended the proposed build out schedule as follows: no more than 27 lots platted in 2009 (including the 11 lots approved at the January 20, 2009 meeting), no more than 36 lots platted in 2010, and no more than 5 lots platted in 2011. The APED worksheet filled out by Mr. Robert Kluttz with Cabarrus County Schools indicates that schools impacted by the Wyndham Estates subdivision are currently functioning at the following capacities: Bethel Elementary School - 77.93 C.C. Griffin Middle School - 128.85$ Central Cabarrus High School - 81.04a 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 - 117.208 C.C. Griffin Middle School - 113.820 Central Cabarrus High School - 71.360 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 in the Lower Rocky River area is included in the CIP with funding slated for 2009. This school will relieve Rocky River, Bethel and Harrisburg 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. Eries 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 responded to questions from the Board regarding platting and occupancy. Joe Collins, developer of Wyndham Estates subdivision, requested the voluntary mitigation payment be paid at permitting instead of prior to final platting due to the economic situation.