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May 19, 2008 (Regular Meeting) Page 833 Susie Morris, Planning and Zoning Manager, presented the following information related to a proposed Text Amendment (C2006-02-ZT) to the Cabarrus County Zoning Ordinance: the purpose of the text amendment is to clarify the language relative to the administration of the minor subdivision exemption standards. Chairman White opened the public hearing at 6:96 p.m. The Public Hearing Notice was published on May 5 and 12, 2008 in THE INDEPENDENT TRIBONE and on May 8 and 15, 2006 in THE CHARLOTTE OBSERVER (Cabarrus Neighbors). There was no one present to address the Board; therefore, Chairman White closed the public hearing. UPON MOTION of Vice Chairman Juba, seconded by Commissioner Carruth and unanimously carried, the Board adopted the following Ordinance amending the Cabarrus County Zoning Ordinance (C2008-02-ZT) as presented: Ordinance No. 2008-06 AN ORDINANCE AMENDING THE CABARRUS COUNTY ZONING ORDINANCE (C2008-02-ZT) BE IT ORDAINED that the Cabarrus County Zoning Ordinance is hereby amended as follows: Add the following language to Section 5.5-C.1 The property may be further divided. However, any additional divisions shall be deemed major subdivisions and shall be processed as such and subject to all ordinances and policies related to major subdivisions. Adopted this the 19th day of May 2008 by the Cabarrus County Board of Commissioners. /s/ H. Jay White, Sr. H. Jay White, Sr., Chairman Board of Commissioners ATTEST: /s/ Kay Honeycutt Kay Honeycutt, Clerk to the Board (G-3) Reservation of Capacity Certificate - Villas at Forest Park Apartment Project Richard Koch, County Attorney, presented the following information related to the Villas at Forest Park Apartment Project: this apartment project, which is located in Kannapolis, is restricted to persons over the age of 55 and should not generate any children; therefore, the applicant is requesting an exemption from the Adequate Public Facility Ordinance (APFO) and from the implementation of a phasing schedule; this federally backed project will have federal oversight, including a number of restrictions placed on the project, compared to a project that might be voluntarily age restricted: for example, the developer has to own the project for approximately 30 years and has to maintain strict compliance with the federal law with reference to the residents of the project; however, the federal restrictions are not as stringent as it appears the County needs in order to ensure there will be no children residing in this project; a document is being drafted to ensure the project is restricted to elderly citizens and identify who will monitor and enforce those provisions at the local level; to address the issues identified in the document, restrictive covenants will be placed on the property to ensure that these restrictions carry forward to any future property owner(s); provisions of the document also include an annual certification by the owner as who lives in the project and their age; in the event it is determined by the school system or otherwise that a child is residing within the project, then the prevailing Voluntary Mitigation Payment (VMP) will be imposed and paid at that time; between the APFO and the authorizing resolution, the Board has made a provision that low-income and other types of federally assisted projects be granted an exemption or refund of the VMP; legally, this project can be distinguished from other projects that may request an exemption due to voluntary age restriction. Mr. Koch responded to questions from the Board related to the completion of the document. He reported additional information has been