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September 8, 2008 (Work Session) Page 950 Commerce Department - Consent Agreement - Crescent Heights Retirement Apartment Project Jonathan Marshall, Commerce Director, reviewed the following information as it relates to the Crescent Heights Apartment Project: the project is targeted at the elderly population; and because there are no guarantees that there wouldn't be children produced at these developments, the project is processed as if it would produce children. Richard Koch, County Attorney, described a consent agreement that was approved by the Board at an earlier date for another elderly apartment project, and stated that a similar agreement could be used for the Crescent Heights Development. Susie Morris, Planning and Zoning Manager, presented the following information related to a Consent Agreement for the Crescent Heights Retirement Apartment Project: Crescent Heights received technical site plan approval by the City of Concord's Development Services Department on December 6, 2006. This project is approved for 116 apartment units on +/- 9.981 acres located at 199 Branchview Drive NW in the City of Concord. The specifics of the agreement are as follows: • Developer - Curry Architecture, LLC, 471 High Street NE, Suite 10, Salem, OR 97301 • Payment of $1,331 per unit due prior to the issuance of building permits. • The project is already constructed. The APFO worksheet filled out by Mr. Robert Kluttz with Cabarrus County Schools indicates that schools impacted by the Crescent Heights project are currently functioning at the following capacities: W.M. Irvin Elementary School - 93.13 Concord Middle School - 88.79 Concord High School - 72.29 Including previously approved subdivisions, these schools will be functioning at the following capacity upon completion of the Crescent Heights project: W.M. Irvin Elementary School - 126.25$ Concord Middle School - 97.00 Concord High School - 77.73°s The Capital Improvement Plan revised in March 2008, the A.T. Allen replacement school will give W.M. Irvin some relief. Capital funding should be available for the construction of the A.T. Allen replacement school in February 2009. Cabarrus County Schools operating at 1108 capacity are considered to be operating at the maximum capacity. The Subdivision Lot Inventory spreadsheet has been updated through August 2008. She reiterated that this project falls under the old ordinance and is completely built-out. Further, she said if it is determined that the project is not subject to the APFO, then the developer does not have to enter into the Consent Agreement. However, if children are found living in the development, then APFO in effect at that time will apply. Mr. Koch, Ms. Morris, and Mr. Marshall responded to questions from the Board, with the following issues being addressed: the project is located within the City of Concord, and was issued a zoning permit without being sent to the County to go through the Adequate Public Facilities Ordinance (APFO) process; the assumption that the APFO did not apply to projects for the elderly; the property owner is working with the County Attorney to prove that the development should not be subject to the provisions of the Adequate Public Facilities Ordinance (APFO); etc. UPON MOTION of Commissioner Carruth, seconded by Commissioner Mynatt and unanimously carried, the Board voted to place the Consent Agreement for