BC 2009 07 06 Work Session - Laserfiche WebLink

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July 6, 2009 (Work Session) Page 1476 Susie Morris, Planning and Zoning Manager, presented the following information related to an appeal of a request for an extension of the Rocky Glen Preliminary Plat Approval: this is an appeal for a Planning and Zoning decision made at the recent Planning and Zoning meeting, at which time this request was denied; the preliminary plat will expire July 19, 2009; the developer is requesting a one-year extension on the preliminary plat; if an extension is granted, the developer will also need to renegotiate the Consent Agreement with the County. Randall Scribner, developer of Rocky Glen subdivision, responded to questions from the Board. He stated he went to the Town of Midland and the pipeline company through the City of Monroe and was sent an email stating the pipeline can be moved out of the open space. He presented a map showing where the pipeline can be moved to. Ms. Morris explained that the developer is requesting an extension of the original preliminary plat, which does not include any type of easement to accommodate the gas line at this time. A discussion ensued. The following issues were addressed: the plat will need to be redesigned to accommodate the gas line; as it is currently recorded, the gas line does impact the playground area and the proposed conservation easement; the original plat has not been amended in any way; the plat shows a conservation easement that has not been granted; etc. Mr. Scribner and Ms. Morris continued answering questions from the Board regarding concerns related to the location of the pipeline; options for the developer; etc. Ms. Morris explained to the Board that multiple issues must be addressed during the review process; at some point the plan will need to be revised; and as part of this extension, the Consent Agreement must be renegotiated. In response to a question from Vice Chairman Mynatt, Ms. Morris explained that if Mr. Scribner has to create a new design for the project, he will be subject to current Adequate Public Facilities Ordinance (APFO) fees. Mr. Day explained to the Board that the Board probably does have the legislative power to adjust the APFO fees paid by the developer. In response to statements from the Board, Ms. Morris explained that conditions can be placed on the extension. Mr. Scribner explained that he has refrained from buying the property until issues regarding sewer access were resolved with the City of Concord. UPON MOTION of Vice Chairman Mynatt, seconded by Commissioner Carruth and unanimously carried, the Board voted to place Appeal of Request for Extension of Rocky Glen Preliminary Plat Approval on the July 20, 2009 Agenda as a New Business item. Commerce - Appeal of Request for Vested Rights (Randall T. Scribner) Susie Morris, Planning and Zoning Manager, presented information related to the appeal of a request for Vested Rights related to the Rocky Glen subdivision project. UPON MOTION of Vice Chairman Mynatt, seconded by Commissioner Carruth and unanimously carried, the Board voted to place Appeal of Request for Vested Rights on the July 20, 2009 Agenda as a New Business item. By the same vote, the Board scheduled a public hearing at 6:30 p.m. Commerce - Consent Agreement for Magnolia Crosain Subdivision Susie Morris, Planning and Zoning Manager, presented the following information regarding a Consent Agreement for Magnolia Crossing Subdivision: The Magnolia Springs subdivision project was approved by the Concord City Council on May 12, 2005. This subdivision project is approved for 49 single family homes on +/- 29.285 acres and is located on Evans Street NW. The developer is requesting a Consent Agreement. The specifics of the agreement are as follows: • Developer - Habitat for Humanity Cabarrus County, Inc., P.O. Box 1502, Concord, NC 28026.