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January 22, 2008 (Regular Meeting) Page 695 delay of development approval, and to promote the County's planning policies. School Adequacy Review Acceptable Level of Service (LOS): 1108 Capacity 3 Levels of Review: Level One - Existing Capacity: Current Enrollment vs. Existing Capacity. If the number of empty seats is equal to or greater than the number of students generated by the new subdivision, then adequate capacity exists and the development may proceed. If capacity is not adequate, then; Level Two - Two Years Planned Capacity: If the county capital improvements program (CIP) shows school capacity will be equal to or greater than the projected enrollment that will be produced by the proposed subdivision for all school types within two years, then "...the development MAY be approved with conditions related to phasing or mitigation, and the applicant shall be permitted to proceed through the development approval process." If capacity is not adequate, then; Level Three - Five Years Planned Capacity: If the county CIP shows school capacity will be equal to or greater than the projected enrollment that will be produced by the proposed subdivision for all school types within five years, then the application can only be approved with the following conditions: "a) that Currently Available Revenue Sources are committed to all Public Facilities in the Capital Improvements Program that are needed to accommodate the impacts of the development; and b) that phasing conditions are included that link the timing of new development to Planned Capacity that will be available, as shown in the Capital Improvements Program or that is guaranteed by Mitigation as provided in subsection c), below; and c) the applicant has agreed to Mitigation for its prorate share of Planned Capacity. The Mitigation must include all proposed development within the first two (2) years of the phasing program." •If there is no available capacity within 5 years, then: - APFO is silent on issue, but state law prevents what is in effect a moratorium. •To avoid creating a moratorium, developers should be permitted to build no more than 10 units per year, beginning in a year to be determined. •A definitive recommendation will follow at the conclusion of further research. •Retesting occurs annually after adoption of CIP. Mr. Marshall also responded a number of questions from the Board related to: what happens if a subdivision fails the five-year test; roads and water; traffic impact analysis; etc. There was a general discussion on paying for road construction projects listed on the Transportation Improvement Plan and road tying improvements to the Adequate Public Facilities Ordinance; encouraging development in areas with utilities; etc. Richard Koch, County Attorney, reported he contacted Mark White, the consultant who drafted the Adequate Public Facilities Ordinance. He said Mr. White is to analyze the ordinance with reference to approvals beyond the 5- year period and to make suggestions on how to make the ordinance better. Mr. Koch also responded to questions from the Board. (G-5) Reservation of Capacity Certificate - Avignon Subdivision Pro'eot Susie Morris, Planning and Zoning Manager, presented the following information related to a Reservation of Capacity Certificate for the Avignon Subdivision project: Red Clay Developments, LLC (P. 0. Box 2192, Cornelius, NC 28031) requests a reservation of capacity for Avignon Subdivision, which consists of 22 or 23* single-family residential lots on +/- 50