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December 21, 2009 (Regular Meeting) <br />Adequacy Determination <br />As illustrated above, adequate school capacity does not exist for <br />this multi-family project at the elementary and high schools. <br />(Note that according to Section 15-11, Number 4, of the APFO, <br />"...future available capacity must be "...equal to or greater than the <br />projected enrollment that will be produced by the proposed <br />development for all school types," not just one or two.) <br />Is the project subject to Chapter 15, Adequate Public Facilities? <br />Yes. <br />Board of Commissioner Action Options: <br />Option 1 <br />Consider exception or application of APFO to this project. <br />Option 2 <br />Approve the Reservation of Capacity with the conditions outlined <br />below: <br />1. The pr <br />In <br />apartment <br />In <br />apartment <br />In <br />apartment <br />In <br />apartment <br />In <br />apartment <br />eject is subject to a p <br />calendar year 2009, <br />unit occupancy permits <br />calendar year 2010, <br />unit occupancy permits <br />calendar year 2011, <br />unit occupancy permits <br />calendar year 2012, <br />unit occupancy permits <br />calendar year 2013, <br />unit occupancy permits <br />teasing schedule. <br />no more than 1 multi-family <br />issued; <br />no more than 11 multi-family <br />issued; <br />no more than 11 multi-family <br />issued; <br />no more than 11 multi-family <br />issued; <br />no more than 10 multi-family <br />issued. <br />2. Mitigation of the pro-rata share of the cost of the planned <br />capacity, which equals $4,153.00 per multi-family residential <br />apartment unit, payable prior to the issuance of building <br />permitting. <br />Option 3 <br />Consider alternate approval determined by the Board of Commissioners <br />Mr. Koch informed this request is similar to an age-restricted project <br />(Villas at Forest Park) that the Board approved a year ago. He advised there <br />have been two other projects of this nature in the county and the conditions <br />proposed for the two prior instances are as follows: (1) restrictions are to <br />be recorded that legally define the property as age restricted to persons <br />over the age of 55; (2) if the County discovers a school-age child residing <br />at the project, the developer or assignee is responsible for paying the <br />voluntary mitigation payment in effect under the County's Adequate Public <br />Facilities Ordinance (APFO); and (3) that the County has the right to monitor <br />tenant activity by inspecting the property and reviewing tenant reports. He <br />also informed the developer's representatives are in agreement with the <br />aforementioned conditions. <br />UPON MOTION of Commissioner Privette, seconded by Commissioner Mynatt <br />and unanimously carried, the Board approved the Reservation of Capacity <br />Certificate for the Villas at Logan Gardens and granted exemption from the <br />Adequate Public Facilities Ordinance (APFO), with the aforementioned <br />conditions. <br />(G-4) Commerce - Consent Agreement for the West Oaks Subdivision Project <br />Jonathan Marshall, Commerce Director, highlighted the following <br />information on the West Oaks Subdivision project and acknowledged this <br />request is for a Consent Agreement based on the date of the preliminary plat <br />approval by the City of Kannapolis under the County's pre-August 2007 <br />Ordinance: <br />The West Oaks subdivision was approved by the City of Kannapolis <br />Technical Review Committee on September 23, 2008. The project <br />consists of 13 single-family residential lots on +/- 11.125 acres <br />located on South Oakmont Street in the City of Kannapolis, North <br />Carolina. The specifics of the agreement are as follows: <br />^ Developer - Brandon Little & Stephen Wasserman, 4404 Lazy <br />Drive, Charlotte, NC 28215. <br />