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February 4, 2008 (Work Session) Page 707 indefinitely even if the facilities are not adequate (Woodhouse Case - 1980). The approval process as it relates to facilities has to be tied to some ascertainable standards. He said the old ordinance was very broad and was tied to some standards; however, it did not provide guidance on how to apply the ordinance to specific situations or applications. He further reported limitations on development can have the following potential consequences: (1) an unduly delay creates adefacto moratorium which is illegal unless the moratorium statutes are followed; (2) denial of a consent agreement without an agreement on when the property can be developed is considered an economic taking; (3) the Board cannot exercise authority arbitrarily or capriciously and must treat everyone fairly - substantive due process; and (4) an ordinance that is too vague can be voided by a court if the language is not susceptible to reasonable understanding and interpretation. To avoid legal issues, he recommended the County negotiate the phasing schedule and the voluntary mitigation payment, and to treat the following applications as the Board has in the past. Mr. Koch also responded to several questions from the Board. Consent Agreement - Hawke Ridge 3ubdivieion Susie Morris, Planning and Zoning Manager, presented the following information related to a Consent Agreement for Hawks Ridge subdivision: the project, approved by the Cabarrus County Planning and Zoning Board on October 18, 2007 and developed by Randall T. Scribner, consists of 164 single-family lots on +/- 112.9 acres located on Archibald Road. She said the Consent Agreement also includes the payment of $4,034.00 per lot (due at final platting) to advance school adequacy and the following build-out schedule of no more than 99 lotsplatted in 2008, no more than 59 lots platted in 2009 and no more than 61 lots platted in 2010. She also reported that upon completion of this project, all the schools will be over 110 percent capacity. Finally, she asked to have this Consent Agreement added to the February 18, 2008 Agenda as a New Business item. Commissioner Mynatt MOVED to place the Consent Agreement for Hawks Ridge subdivision on the February 18, 2008 Agenda as a New Business item. Vice Chairman Juba seconded the motion. Chairman White asked the Board if the build-out schedule needs to be amended and a short discussion ensued. Commissioner Mynatt AMENDED the MOTION to also include instructing the Planning and Zoning Manager to discuss extending the build-out schedule with the developer. Vice Chairman Juba seconded the amended motion. After a short discussion, the AMENDED MOTION unanimously carried. Consent Agreement Renewal - Quail Haven Subdivision Susie Morris, Planning and Zoning Manager, presented the following information related to a Consent Agreement renewal for the Quail Haven subdivision: the project, approved by the Concord Planning and Zoning Board on April 18, 2006 and developed by Quail Haven LLC, consists of 563 single- family residential lots on +/- 281.5 acres on Odell School Road. She reported the projectis subject to the Adequate Public Facilities Ordinance in effect prior to August 20, 2007 including the payment of $4,034.00 per lot (due at final platting) to advance school adequacy; their current Consent Agreement is set to expire in April 2008; the developer is asking for an extension; and the lots have been accounted for in the inventory. She further reported the Consent Agreement also includes the following build-out schedule: no more than 50 single-family lots to be platted in 2006, no more than 100 single-family lots to be platted in 2007, no more than 100 single- family lots to be platted in 2008, no more than 100 single-family lots to be platted in 2009 and no more than 100 single-family lots to be platted in 2010. Finally, she requested the Consent Agreement renewal be placed on the Agenda as a New Business item. Richard Koch, County Attorney, responded to questions from the Board. UPON MOTION of Commissioner Carruth, seconded by Vice Chairman Juba and unanimously carried, the Board voted to place the Consent Agreement renewal for the Quail Haven subdivision on the February 18, 2008 Agenda as a New Business item. A brief discussion ensued regarding the extension of Consent Agreements.