BC 2009 08 03 Work Session - Laserfiche WebLink

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August 3, 2009 (Work Session) Page 1522 Based on growth projections, another elementary school south of Harrisburg will be needed. A new high school in the west/central area will also be needed. Funding has not been identified, nor land secured, however, for these projects. Cabarrus County Schools operating at 1100 capacity are considered to be operating at the maximum capacity. The Subdivision Lot Inventory has been updated through July 2009. Ms. Morris also presented the following information: two previous Consent Agreements came before the Board for this project that were never executed and now a different developer is trying to work it out; this is a Consent Agreement which was prior to the new APF Ordinance. She also announced the availability of Brent Cowen, representative of the developer, to respond to questions. Richard Koch, County Attorney, presented the following historical information on the project: the Board approved a Consent Agreement with the developer; while the agreement's language was being worked out, the County learned that the developer was in financial difficulty; the developer was unable to work things out with Wachovia, the primary lender, and Wachovia foreclosed on the property; the Consent Agreement was never signed; according to the agreement, the developer was to donate a twenty-five acre school site and the APFO (Adequate Public Facilities Ordinance) fees were to be credited against that donation as the property was developed; the donation never occurred because of the foreclosure; the County acquired the school site directly from Wachovia at a price equal to the donation amount which resulted in the County losing benefit of the cash flow in that situation; Wachovia owns the project through a LLC (Limited Liability Corporation); and project representatives have invested funds into infrastructure to carry the development forward, but their end goal is to sell the property. Mr. Koch and Ms. Morris responded to questions from the Board related to the price and value of the property for the school site. In response to questions from Chairman White, Ms. Morris reported approximately sixty lots were recorded and approximately ten residential units were permitted in the development; and project representatives also sent an email requesting the Board consider moving the payment to building permitting. She explained this request is not included in the memorandum because it is written based on the Board's current policy. She also reported Rocky River and Patriots Elementary Schools will service this area depending on school districting. Chairman White also confirmed that the capacity numbers for C.C. Griffin Middle School and Rocky River Elementary will be reduced once the new schools are built and students reassigned. Brent Cowan, Project Civil Engineer, addressed the following: the project (Crosswinds and Grace) went bankrupt and was foreclosed on by Wachovia in October 2007; within a month, Wachovia was on site getting soil and erosion control issues fixed; the developer is also moving forward on completing several phases already approved for construction; the developer has been doing utility testing and preparing to submit recordation plats; Wachovia has staff with development background but they wanted him to ask if the Board has another build-out schedule to recommend, they would consider it; and the Bank also requested changing payment to permitting. UPON MOTION of Commissioner Privette, seconded by Commissioner Poole and unanimously carried, the Board voted to place the Consent Agreement for The Mills at Rocky River Subdivision Project on the August 17, 2009 Agenda as a New Business item. - TEXT2009-00008 - Proposed Text 5 and Appendix B of the Cabarrus County Zoning Ordinance and Public Hearing - 6:3U P.M. Susie Morris, Planning and Zoning Manager, presented the following information related to a proposed text amendment (TEXT2009-00008) which will amend Chapter 5 and Appendix B of the Cabarrus County Zoning Ordinance: the proposed text amendment is to combine Appendix B with Chapter 5; staff has experienced conflicts within the ordinance that has made Appendix B relatively difficult for smaller residential developers; further refinement is needed for buildings located in the commercial/office districts to make them a separate class; etc.