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April 21, 2008 (Regular Meeting) Page 805 Recommendation Based on the direction of the Board of Commissioners, until changes are implemented in the ordinance, staff proposes the following: 1. The applicant be subject based on the criteria set forth. In 2006, no more than platted; In 2009, no more than platted; In 2010, no more than platted;. In 2011, no more than platted; In 2012, no more than platted; to the following phasing schedule in Chapter 15: 9 single-family residential lots 5 single-family residential lots 12 single-family residential lots 12 single-family residential lots 12 single-family residential lots That the Board adopt the phasing schedule proposed by the applicant or; That the Board propose a different phasing schedule for development. 2. Mitigation of the pro-rata share of the cost of planned capacity, which equals $6,617.00 per single-family residential unit, payable at final platting. Ms. Watts also responded to questions from the Board. At the request of Chairman White, David Tibbals, Vice President of Williams Engineering, addressed the Board concerning the combined phasing schedule. Mr. Tibbals reported there are 103 lots without any restrictions; the developer would rather have the combined phasing sequence rather than the one proposed by County staff; and the developer is placing a restriction on the entire project in order to develop at a pace that is economically manageable for everyone. Further, he confirmed that the voluntary mitigation payment of $6,617.00 per single-family lot would be paid on the 45 new lots. In response to comments from Commissioner Carruth related to the distribution of the 103 units over a 5-year period, Mr. Tibbals stated the developer's proposal meets the schools' capacity needs at the 2 and 5-year level without redistricting or changing the ordinance. Commissioner Carruth asked if the distribution could be voluntarily changed to 35, 15, 15, 30 and 6. Mr. Tibbals said it is the developer's preference to bring the new lots on line as economic conditions improve and if necessary, ahead of the original lots. Commissioner Carruth noted the County would actually receive a large fee in a shorter amount of time. Mr. Tibbals responded in the affirmative. Vice Chairman Juba MOVED to approve the Reservation of Capacity Certificate for the Park Creek Subdivision project, including the following phasing schedule and mitigation of the pro-rata share of the planned capacity, which equals $8,617.00 per single-family unit (45 units), payable at final platting: no more than 35 single-family residential lots platted in 2006, no more than 35 single-family residential lots plated in 2009, no more than 35 single-family residential lots platted in 2010, no more than 35 single-family residential lots platted in 2011 and no more than B single- family residential lots platted in 2012. The developer can select among the original and new lots when phasing. She further MOVED to authorize the Cabarrus County Commerce Director to execute the Certificate on behalf of Cabarrus County. Commissioner Carruth seconded the motion. Commissioner Pr~,vette commented on the lack of adequate school capacity for this project and stated his intent to vote against the motion. Richard Koch, County Attorney, pointed out that a similar arrangement was made for the Wellington Chase project. The MOTION carried, with Chairman White, Vice Chairman Juba and Commissioners Carruth and Mynatt voting for and Commissioner Privette voting against. (G-7) Reservation of,Capacity Certificate - Villas at Forest Park Apartment Project