BC 2008 04 21 Regular - Laserfiche WebLink

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April 21, 2008 (Regular Meeting) Page 798 Commissioner Privette expressed opposition to approving the Reservation of Capacity Certificate due to school capacity and overcrowding. After a brief discussion, the MOTION carried with Chairman White, Vice Chairman Juba and Commissioners Carruth and Mynatt voting for and Commissioner Privette voting against. Reservation of Capacity Certificate - Richard Koch, County Attorney, asked if a representative for the Founder's Reserve Subdivision Project was present to discuss unresolved issues with the property. Dee Rankin, representative for the Founder's Reserve Subdivision Project, addressed the Board. He explained that the developer's attorney went to the Town of Harrisburg instead of coming to Cabarrus County and would not arrive in time for tonight's discussion. Mr. Koch provided the following background information related to the subdivision project: (1) this project was originally part of the Preserve at Grayson Ridge in Harrisburg and Mecklenburg County; (2) the owner of most of the project went into a State Court Receivership in 2005, which ended last year; (3) there are questions as to whether this parcel was rezoned to a Planned Unit Development (PUD) along with the rest of the project; (9) this parcel was originally zoned RM-1; (5) there is some documentation that indicates there may have been an approval of the RM-1 zoning designation in 2005; (6) if so, this project would arguably be grandfathered with reference to Adequate Public Facilities Ordinance (APFO) fee; (7) the project would not be subject to the current APFO amount, but may be subject to the APFO fee that was in existence in 2005; (8) other documentation indicates that the entire project was approved as a PUD; (9) if the project is grandfathered, a Reservation of Capacity Certificate is not needed; (10) a Consent Agreement was not entered into in 2005; etc. He said a great deal of time has been spent trying to sort out these issues and that he has not been able to get to a point where a recommendation could be provided. Chairman White asked Mr. Rankin to contact the attorney and encourage him to attend this meeting. Chairman White said the Board would proceed with other items of business in the interim. (G-4) Reservation of Capacity Certificate - Mardan X, LLC Apartment Subdivision Project Kassie Watts, Planner, presented the following information related to a Reservation of Capacity Certificate for the Mardan X, LLC Apartment Subdivision Project: B.J. McCormick Contracting, Inc., (P.O. Box 1321, Concord, NC 26026-1321) is requesting a reservation of capacity for the Mardan X, LLC apartment project, which consists of 168 multi- family residential apartment units on +/- 11.73 acres located at 3000 Poplar Tent Road in Concord, North Carolina. School Capacity Review The Mardan X, LLC apartment project will produce 97 students. The schools impacted by the project are Weddington Hills Elementary School, Concord Middle School and Concord High School. The Weddington Hills Elementary School currently has 11 available seats. There are no school construction improvements listed in the County's Capital Improvement Plan (CIP) that will increase the number of seats within the next two or five years. The Mardan X, LLC Project will add 97 additional students, creating a deficit of 36 seats, therefore adequate school capacity does not exist currently for this apartment project at the Weddington Hills Elementary School. Based on the absence of improvements in the CIP, adequacy does not exist at the two year or five year review levels for the elementary school. The following table indicates available and planned school capacity, based on current conditions and the CIP: Current Planned Planned School Available Capacity Capacity