BC 2008 04 21 Regular - Laserfiche WebLink

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April 21, 2008 (Regular Meeting) Page 800 Chairman White asked the McCormicks if they had an opportunity to get their questions addressed by the Commerce Department since the April 7, 2008, agenda work session. Mr. Mark McCormick stated this is their first meeting, but they did receive an e-mail on April 19 with the revised phasing schedule. Mr. Dan McCormick commented on the fact that only the elementary school will have a few students over the limit. Jonathan Marshall, Commerce Director, stated there is not a discrepancy in capacity and the McCormicks are correct in that not all of the 97 students will be elementary students. However, he said about half of students will go to the elementary school, which makes the school over capacity without any relief planned within the next five years. He said when the calculations were completed, it was determined there is not capacity at the elementary level for five years and phasing is required. He also commented on the basis for the "11 multifamily apartment units" as identified in the phasing schedule. He explained that if the Board is willing to increase the amount from 5 percent (used for a minor single-family subdivision) to 10-percent, then 17 units (168 X .10) could be permitted. Finally, he said the first year of the phasing schedule is prorated based on when the project is submitted. Commissioner Juba expressed concern with the statement that the McCormick's purchased the property because they were under the impression or told that there was capacity. Mr. Marshall stated the letter is from the school district which helps the County calculate capacity. However, he said the County has the formulas and uses the Ordinance adopted by the Board to analyze capacity. He said sometimes there is a different resolve because of the way the County factors in both the development that has already been approved as well as schools that will be coming on line over the next five years. When this project was initially submitted to the City of Concord, he said the City provided an opportunity for the County to provide comments. As far back as December, he said comments were provided that the developer would need to meet the Adequate Public Facilities Ordinance. However, he said the County was not contacted by the development group. He said there was some delay despite the fact the County provided notice through the City that the developers had to meet this ordinance. Commissioner Mynatt asked the McCormicks when the property was purchased. Mr. Mark McCormick said the developer closed on the property on April 9, 2008. Commissioner Mynatt noted that the purchase occurred after the Reservation of Capacity ordinance was in place. Mr. Mark McCormick stated the property was purchased after a memorandum dated April 2, 2008 was received stating there is adequate facilities. Chairman White asked to see a copy of the memorandum. He identified the memorandum as being the same one that was presented to the Board at their agenda work session in April. Ms. Kassie Watts, Planner, stated the memorandum Mr. Mark McCormick is referring to, is the memorandum distributed to the Board at its agenda work session. She said at the work session there was discussion about this project and there being an error in the memorandum. She said the memorandum was revised to indicate there is not capacity based on the 11 seats. Further, she said comments about this project were provided to the City of Concord in December of 2007 and again in March of 2008, regarding the Adequate Public Facilities for this project and requesting contact from the developer. She said she heard from Mr. Mark McCormick for the first time on March 14, 2008 and was told that he would be getting the rezoning approval for this project. She said she finds it hard to believe that property was purchased based on a Reservation of Capacity because the project was well into development before the County was contacted. Chairman White asked if a copy of the corrected memorandum was provided to the McCormicks. Ms. Watts responded in the affirmative.