BC 2008 04 21 Regular - Laserfiche WebLink

Home Browse Search

April 21, 2008 (Regular Meeting) Page 801 The McCormicks confirmed the receipt of memorandums dated April 9 and 19, 2006. They also responded to questions from Chairman White related to the number of units in each building and commented on the amount of "up front" infrastructure required for an apartment complex. Commissioner Mynatt asked what does capacity mean and where does that number comes from. Mr. Marshall responded that the County still uses the figure of 110 percent in the formulas to determine the number of seats. Commissioner Mynatt said theoretically, the County is trying to create a situation where no schools have any capacity over 110 percent. Mr. Marshall responded in the affirmative. Commissioner Mynatt said it seems that the County needs to be a little more flexible on the overcapacity situation. Although the County is heading towards the ideal situation, she said it is not realistic in a growing county located near the City of Charlotte. She said after looking at some of the changes to the APFO that have been discussed, for multifamily, it says, "11 dwelling units per year or 10 percent of the total number of units". She pointed out that the McCormicks have stated that twelve dwelling units are a possible construction scenario. Further, she reiterated the need for flexibility, which is one of the goals identified in the ordinance and concluded by saying she would like to see the situation worked outin a reasonable manner. Commissioner Privette asked Mr. Mark McCormick if he was told there is adequate school capacity for this project. Mr. McCormick explained that he owns the apartment complex next door andhas been working to purchase the property forsome time. He said he had numerous contingencies on the property and one of them was adequate facilities for utilities and schools for both city and county. Commissioner Privette asked Mr. McCormick if he was told there are not adequate school facilities after he bought the property. Mr. McCormick responded in the affirmative and commented on the receipt of a memorandum dated April 2, 2008, stating there is adequate school capacity at the 2 and 5 year levels. He said he proceeded with the purchase because this was the last bit of information that was needed before closing could occur. He said he reviewed Chapter 15 of the APFO and understood it, that he had adequate school capacity and could move forward with his plan. He said the closing occurred after adequate school capacity had been confirmed. Commissioner Privette confirmed that Mr. McCormick had adequate school capacity on April 2, but by April 9 was told he did not have adequate school capacity. Mr. McCormick responded in the affirmative and pointed out that he was also notified on April 19. Commissioner Privette posed the same question to County staff for a response. Mr. Marshall stated there are a positive number of seats in the school, but there are not enough seats in the school to handle this development. He stated reading there is a positive number of seats does not mean that the school has adequate capacity. He said it means that the school has some seats available. In this case, he said there are not enough seats for the entire development. Chairman White asked why the April 2 memorandum from Ms. Watts says "adequate school capacity does exist currently for this apartment project and at the 2 and 5-year review levels". John Day, County Manager, explained that the April 2, 2008 memorandum contained an error and that was part of the discussion held at the agenda work session on April 7, 2008. He said there is not adequate capacity. Commissioner Mynatt asked Mr. McCormick when he closed on the property. Mr, McCormick said he closed on the property on April 9, 2006. Commissioner Privette stated the developer should not be penalized for this error.