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February 4, 2008 (Work Session) Consent Agreement - Riverbend Subdivision Page 708 Susie Morris, Planning and Zoning Manager, presented the following information related to a Consent Agreement for Riverbend subdivision: the project, approved by the Cabarrus Planning and Zoning Board on December 20, 2007 and developed by Greathorn Properties, Inc., consists of 28 single- family lots on +/-79.759 acres located on US Highway 601. She reported the Consent Agreement includes the voluntary mitigation payment of $9,039.00 per lot (due at final platting) to advance school adequacy and the following build-out schedule of no more than 28 lots to be platted in 2008. In closing, Ms. Morris asked to have the Consent Agreement placed on the February 18, 2006 Agenda as a New Business item. UPON MOTION of Vice Chairman Juba, seconded by Commissioner Carruth and unanimously carried, the Board voted to place the Consent Agreement for Riverbend subdivision on the February 18, 2008 Agenda as a New Business item. After the vote, there was a brief discussion regarding school capacity. Reservation of Capacity Certificate - Burnt Mill Subdivision Susie Morris, Planning and Zoning Manager, presented the following information related to a Reservation of Capacity Certificate for the Burnt Mill subdivision: Burnt Mill Development, LLC, (1980 Highway 73 East, Concord, NC 28025) is requesting a reservation of capacity for Burnt Mill Subdivision, which consists of 30 single-family residential lots on =/- 90 acres located at the intersection of NC Highway 73 and Crestmont Road in unincorporated Cabarrus County. School Capacity Review Burnt Mill subdivision will produce 18 students. The schools impacted by the subdivision are W.M. Irvin Elementary School, Concord Middle School and Concord High School. The county's Capital Improvements Plan (CI P) includes construction of an A.T. Allen Elementary replacement in 2009. The following table indicates available and planned school capacity, based on current conditions and the CIP: Current Planned Planned School Available Capacity Capacity Capacity 2 Yrs 5 Yrs W.M. Irvin Elementary -62 -11 -62 Concord Middle School 165 165 165 Concord High School 681 681 681 Adequacy Determination As illustrated above, adequate school capacity does exist currently, however it does not exist for this subdivision at the two year and five year review levels (Note: According to Section 15-11, Number 9, of the APFO, "...future available capacity must be "...equal to or greater than the projected enrollment that will be produced by the proposed development for all school types," not just one or two.) Recommendation In view of the adequacy determination based on Chapter 15 of the Cabarrus County Zoning Ordinance, staff recommends that this application for a reservation of capacity be tabled pending staff's further review of the options available to the Board. She also pointed out the Board gave the County Attorney time to complete additional research for the Wellington Chase Phase 4 subdivision. Chairman White asked the County Attorney, Richard M. Koch, if the Board could take action on the Wellington Chase and Burnt Mill applications at its February meeting. Mr. Koch reported he is working with Mark White, the consultant that drafted the County's Adequate Public Facilities Ordinance as well as Union County's ordinance, to determine what language is needed to