BC 2008 04 21 Regular - Laserfiche WebLink

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April 21, 2008 (Regular Meeting) Page 802 Mr. Cary Gluff, Designer for Mardan X Apartment project, addressed the Board concerning the process. He said the developers cannot apply for a Reservation of Capacity (ROC) until all rezoning(s) etc., have been granted. Therefore, he said the development has not progressed to where we are ready to dig dirt. He said they had to get the rezoning approved, which just happened a few weeks ago, before they could apply for the ROC. Further, he said the ROC has been a very recent process, which is why it was the last piece of information needed to close on the property. Commissioner Carruth stated the ROC is a new process and he would like to be fair to all parties. He commented on the difficulties associated with constructing a partial apartment building and suggested the language in the memorandum be reworded. He also stated he is in favor of using the original phasing schedule of no more than 120 multi-family apartment units permitted in calendar year 2008 and no more than 98 multi-family apartment units permitted in calendar year 2009, since the developer thought he had capacity and would be able to move ahead with the project. Commissioner Carruth MOVED to approve the Reservation of Capacity Certificate for the Mardan X, LLC Apartment Subdivision Project as presented by the developer in the April 2, 2008 memo, including the Voluntary Mitigation Payment of $4,153.00 per multi-family residential apartment unit (payable prior to building permitting) with the following build-out schedule: no more than 120 multi-family apartment units permitted in 2008 and no more than 48 multi-family apartment units permitted in 2009. He further MOVED to authorize the Cabarrus County Commerce Director to execute the Certificate on behalf of Cabarrus County. Vice Chairman Juba seconded the motion. Commissioner Mynatt asked the McCormicks if they would be willing to stretch their phasing schedule over a 5-year period. Mr. Mark McComick stated the phasing schedule is not financially feasible and asked is there is any leeway on voluntary mitigation payment. He pointed out that locating development in areas with adequate school capacity is the intent of the ordinance and that the capacity is only short by a few students. He said he understands there should be some mitigation, but to have so many available seats in the district (high school and middle school) is asking too much. He further commented on the high number of seats available, the district is considerably unused, and he is being "bunched in" with the rest of the county where overcapacity exists. He said the $9,153.00 per unit is unfair. After Chairman White commented on the effort to keep the Weddington Hills Elemetary school from becoming overcrowded, the MOTION carried with Chairman White, Vice Chairman Juba and Commissioner Carruth voting for and Commissioners Mynatt and Privette voting against. Commissioner Mynatt commented on there being some major issues with this process, which becomes unreasonable. She also said $750,000.00 is a lot of money to make the developer pay for being a few students over capacity at one school. (G-5) Reservation of Capaci tV Certificate - Meadow Creek Apartments Kassie Watts, Planner, presented the following information related to a Reservation of Capacity Certificate for the Meadow Creek Apartments: GHI of West Palm Beach, LLC (10312 Annie Oakley Trail, Charlotte, NC 28227) requests a reservation of capacity for the Meadow Creek Apartments Project, which consists of 1 multi-family residential building with 19 apartment units on +/- 9.717 acres located at the intersection of Easy Street and Highland Street in the City of Kannapolis. This is an additional phase of an existing multi- family project. School Capacity Review Meadow Creek Apartments will produce 4 students. The schools impacted by the project are Winecoff Elementary School, Northwest Cabarrus Middle School andNOrthwest Cabarrus High School. Cox Mill High School, which is under construction, is projected to open in 2010 in the western part of Cabarrus County. This school will relieve Northwest Cabarrus and Jay M. Robinson High Schools. The County's Capital Improvements Plan (CIP) includes construction of a new middle school in 2010 in the south central part of the County that would relieve Northwest Cabarrus Middle