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April 6, 2009 (Work Session) Page 1300 Commerce - C2009-O1-ZT Chapter 9 Landscape and Buffering Requirements Proposed Text Amendment - Public Hearing - 6:30 p.m. Susie Morris, Planning and Zoning Manager, presented an ordinance amending Chapter 9, Landscape and Buffering Requirements, of the Cabarrus County Zoning Ordinance (Text Amendment C2009-O1-ZT). She stated the proposed text amendment includes several changes to expand the list of permitted landscape materials, to correct typos, and to revise the buffer table to include the OI zoning district. She also stated a public hearing is required to adopt the amendment. UPON MOTION of Commissioner Poole, seconded by Commissioner Carruth and unanimously carried, the Board voted to place Text Amendment (C2009-O1-ZT) to Chapter 9, Landscape and Buffering Requirements, of the Cabarrus County Zoning Ordinance on the April 20, 2009 Agenda as a New Business item and scheduled a public hearing for 6:30 p.m. Commerce - Consent Agreement for the Castlebrook Manor Subdivision Susie Morris, Planning and Zoning Manager, presented the following information regarding the Consent Agreement for the Castlebrook Manor Subdivision: The Castlebrook Manor subdivision project was approved by the City of Kannapolis Technical Review Committee on October 18, 2006. The preliminary plat was granted a one year extension on June 3, 2008 setting a new expiration date of October 18, 2009. This subdivision project is approved for 70 single family homes on +/- 108.274 acres and is located on Jim Johnson Road. The Cabarrus County Board of Commissioners previously approved a Consent Agreement for this subdivision development. The existing Consent Agreement expired on August 11, 2008. The developer is seeking an extension of the existing agreement. The specifics of the expired agreement are as follows: • Developer - Triune Development, LLC, 711 Channing Circle NW, Concord, NC 28027. • Payment o£ $4,034 per single family lot will be due prior to Final Platting. • Proposed build out schedule is Calendar year 2007, no more than 27 lots platted, Calendar year 2008, no more than 15 lots platted, Calendar year 2009, no more than 15 lots platted, and Calendar year 2010, no more than 13 lots platted. The developer is requesting the following modifications of the build out schedule and the timing of the payment. • Payment of $4,039 per single family lot for the first 28 lots to be made at Building Permitting. • Payment of $9, 039 per single family lot for the remaining 92 lots to be made prior to Final Platting. • Proposed build out schedule is Calendar year 2009, no more than 28 lots platted, Calendar year 2010, no more than 15 lots platted, Calendar year 2011, no more than 15 lots platted, and Calendar year 2012, no more than 12 lots platted. The APFO worksheet filled out by Mr. Robert Kluttz with Cabarrus County Schools indicates that schools impacted by the Castlebrook Manor subdivision project are currently functioning at the following capacities: Note: These percentages are based on the enrollment figures from February 6, 2009. W.R. Odell Elementary School - 101.468 Harris Road Middle School - 123.00 Northwest Cabarrus High School - 126.908 Including previously approved subdivisions, these schools will be functioning at the following capacity upon completion of the Castlebrook Manor subdivision project: W.R. Odell Elementary School -199.22 ~ Harris Road Middle School - 176.29 Northwest Cabarrus High School - 188.15$