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January 22, 2008 (Regular Meeting) Page 696 acres located at the intersection- of Trinity Church Drive and Trinity Church Road in the City of Kannapolis. School Capacity Review Avignon subdivision will produce 13 students. The schools impacted by the subdivision are Charles A. Boger Elementary School, Northwest Middle School and Northwest Cabarrus High School. Cox Mill High School, which is under construction, to open in 2009 in the western part of Cabarrus school will relieve Northwest Cabarrus and Jay M. Schools is projected County. This Robinson High The county's capital improvements plan (CIP) includes construction of a new middle school in 2009 in the south central part of the County that would relieve Northwest Cabarrus Middle School and Harris Road Middle School. The CIP also includes a new elementary school in the western part of the County in 2009 to relieve W.R. Odell Elementary School. The following table indicates available and planned school capacity, based on current conditions and the CIP: Current Planned Planned Available Capacity Capacity School Capacity 2 Yrs 5 Yrs Charles A Boger Elementary -139 -139 88 Northwest Middle School -109 -104 623 Northwest High - 626 859 859 Adequacy Determination Adequate school capacity does not exist for this subdivision at the two year review level (Note: according to the APFO, "If current available capacity for any school type is a negative number, adequate capacity does not currently exist to accommodate the enrollment projected to be generated by the proposed development.") School capacity is adequate for this subdivision at the five year review level. The applicant must mitigate and phase the proposed development. The phasing schedule must start in the year when capacity becomes available (2010). Recommendation Based on Section 15-11, Number 5, of the Adequate Public Facilities Ordinance, the granting of a Reservation of Capacity Certificate is recommended, with the following conditions: 1. A build out schedule of no more than 22 single-family residential lots final platted in 2010. Building permits for this project may not be pulled until January 1, 2010. 2. Mitigation of the pro-rata share of the cost of planned capacity, which equals $8,076.00 per single-family residential lot, payable at Final Platting. * Kannapolis is going to allow the developer to have 23 units. There was discussion on when building permits should be pulled, the amount of time it takes to build a custom home and tying the build-out schedules to occupancy permits instead of January 1. Richard Koch, County Attorney, advised that tying build-out schedules to occupancy permits may be perceived as an economic taking and a general discussion ensued. Commissioner Mynatt asked the County Attorney to look into the matter further. Jerry McSorley, owner of Red Clay Developments, LLC, presented the following proposal for consideration: 1. Mitigation Fee - $8,076.00 per lot 2. Recording of Plat - June 2009 3. Phasing of building permits as follows: