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January 22, 2008 (Regular Meeting) Page 697 a. (6) - permits available - June 2009 b. (6) - permits available - January 2010 c. (11) - permits available - January 2011 Permitting an earlier recording of plat and a phasing of the building permitting would allow the developer to sell a limited number of lots in the development and to build spec. homes, a sales center and a limited number of custom homes. The homes in Avignon are expected to begin at $1 million and construction times will be in excess of 14 months. Homes will not be occupied until 14 to 18 months from start of construction. With a phasing of the permits, the schools would see a gradual inflow of students making the transition smoother. Based on the County's calculations and the anticipated time to build this type of home the schools would see the following student impact: a. (3) - students - September 2010 b. (3) - students - March 2011 c. (7) - students - March 2012 It is likely that construction times will be longer than 19 months and also likely that lot buyers will spend considerable time designing their custom home and will not begin construction soon after purchasing a lot. I hope that the Board can see that this is a feasible solution for both the County and the developer. Jonathan Marshall, Commerce Director, responded to questions from the Board and there was a general discussion on the Board's ability to accept the proposal based on the Adequate Public Facilities Ordinance. Since the proposal linked development to school capacity, County staff and the County Attorney agreed the Board could consider the proposal. Mr. McSorley responded to questions from the Board. Vice Chairman Juba MCVED to accept the proposal for the Avignon subdivision as presented by the developer, including a Voluntary Mitigation Payment of $6,076.00 per lot, recordation of the plat in June of 2009 and the following phasing schedule: six permits available in June 2009, six permits available in January 2010 and eleven permits available January 2011. Commissioner Mynatt seconded the motion. There was a brief discussion on the unfairness of passing the balance of the liability onto senior citizens and working families; and making up the difference with the first year's property tax. The MOTION carried with Chairman White, Vice Chairman Juba and Commissioner Mynatt voting for and Commissioner Privette voting against. For clarification purposes related to the consent agreement for Avignon, Ms. Morris asked if all the lots will be recorded at one time in June 2009 or if they will be phased. Mr. McSorley responded that all the lots will be recorded at the same time in June of 2009. (G-6) Reservation of Capaoity Certificate - Wellington Chase Phase 4 RuhAi vi lei nn Susie Morris, planning and Zoning Manager, presented the following information related to a Reservation of Capacity Certificate for Wellington Chase Phase 4 Subdivision: Orleans Homebuilders, Inc., (1930-B Center Park Drive, Charlotte, NC 26217) request a reservation of capacity for Wellington Chase Subdivision, which consists of 60 single-family residential lots on +/- 18.23 acres located at the intersection of N.C. Highway 73 and Odell School Road in the City of Kannapolis. School Capacity Review Wellington Chase subdivision will produce 39 students. The schools impacted by the subdivision are W.R. Odell Elementary School, Harris Middle School and Northwest Cabarrus High School.