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May 19, 2008 (Regular Meeting) Page 834 requested from the lender related to foreclosures for inclusion in the agreement. Tracy Doosenbury, with Douglas Development, LLC, urged the Board to support of the waiver and responded to questions. Mr. Koch announced the document Ms. Doosenbury is referring to is entitled, "Declaration of Land and Use Restrictive Covenants". He also mentioned the developer is under a deadline. Ms. Doosenbury further commented on the issuance of tax credits and the need to have the project built and occupied in a specified timeframe. She reiterated the project is for seniors, over the age of 55 and if action is not taken tonight, building permits cannot be issued and the whole project will be delayed. She also responded to questions from the Board. After Mr. Koch responded to additional questions from the Board, there was a general discussion. Issues addressed included the following: senior citizens living in other subdivisions have to pay the VMP; why should some seniors have to pay the VMP, while others do not; parameters of the County's exemption policy as set forth in Resolution No. 2007-19, adopted June 18, 2007; legal justification of the exemption; Federal oversight of the project; the need for further discussion on the APFO VMP in order to share the responsibility of school construction more broadly; and the entire community should help pay for education. UPON MOTION of Commissioner Carruth, seconded by Vice Chairman Juba with Chairman White, Vice Chairman Juba and Commissioner Carruth voting for and Commissioners Mynatt and Privette voting against, the Board voted to approve the exemption of the Villas at Forest Park Apartment Project from the Voluntary Mitigation Payment or phasing requirements of the Adequate Public Facilities Ordinance and authorize the County Manager and the County Attorney to finalize the terms of the Declaration of Land and Use Restrictive Covenants. (G-4) Proposed FY 2009 Cabarrus County Hudget Note: This item was removed from the Agenda. (G-5) Commerce Department - Proposed Text Amendment (C2008-03-ZT) to the Cabarrus County Zoning Ordinance, Chapter 15, Adequate Public Facilities - Susie Morris, Planning and Zoning Manager, presented the following information related to a proposed Text Amendment (C2008-03-ZT) to the Cabarrus County Zoning Ordinance: the purpose of the amendment is to add additional language to reflect changes to the General Statutes, whereby consent agreements were renamed "Public Facilities Mitigation Agreements"; and addresses the lack of capacity at the two and five year testing intervals. Chairman White opened the public hearing at 7:07 p.m. The Public Hearing Notice was published on May 5 and 12, 2006 in THE INDEPENDENT TRIBUNE and on May 8 and 15, 2008 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 (C2008-03-ZT) as presented: Ordinance No. 2008-07 AN ORDINANCE AMENDING THE CABARRUS COUNTY ZONING ORDINANCE (C2006-03-ZT) BE IT ORDAINED that the Cabarrus County Zoning Ordinance is hereby amended as follows: DELETE current Chapter 15, Adequate Public Facilities Ordinance ADD revised Chapter 15, Adequate Public Facilities Ordinance. Adopted this the 19°h day of May 2008 by the Cabarrus County Board of Commissioners. H. Jav White, Sr