BC 2007 02 19 Regular - Laserfiche WebLink

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February 19, 2007 (Regular Meeting) Fage 278 Commissioner Mynatt asked if there had been any neuotiating withthe developers for the donation of land for a school site. Jonathan Marshall, Commerce Director, reported two of the properties being considered tonight are too small for a school site. He said the developers of the Rustic Canyon subdivision did offer land, but upon review it was deemed unsuitable because of topography. If a developer offers acceptable land, he reported the value of the land is credited towards the adequacy amount. Commissioner Privette pointed out the County will incur a deficit of $8,000.00 per lot if the consent agreement is approved. Mr. Marshall reported the adequacy amount is based on the Board's policy of 50 percent of the capital costs and that the Board could -adopt the draft Adequate Public Facilities Ordinance or change its current policy. In response to a question from Chairman Carruth, he reported these subdivisions would be vested under the current policy, if a new one were adopted. A general discussion ensued. Vice Chairman Juba asked Mr. Stark if the build-out schedule could be modified. Mr. Stark stated Meridian Development Group (MDG) has to build 14,000 linear feet of sanitary sewer lines, 12,000 linear feet of water lines and already has a financial agreement in place with the bank based on the current build-out schedule. In lieu of amending the build-out schedule, he stated MDG is willing to pay an additional $2,000.00 per lot. Based on the price of the homes, he said the extra amount could be absorbed. Mr. Stark responded to questions from the Board. Vice Chairman Juba asked Mr. Stark to confirm that MDG is willing to pay more to advance adequacy. Mr. Stark responded in the affirmative. Commissioner Mynatt asked if that option is available to the County. Mr. Koch stated there is no legal prohibition against a developer doing more than what the policy prescribes. Vice Chairman Juba MOVED to approve the Consent Agreement for the Hawthorn Subdivision, including the payment of $6,000.00 per lot to advance school adequacy. Commissioner Mynatt seconded the motion. Commissioner Privette stated he would like to make a substitute motion and commented on the fact that there is a liability of $12,000.00 for every new home and if the fee is increased to $6,000.00 that still leaves a $6,000.00 deficit for the citizens. Chairman Carruth reported when the policy was created, the Board did not want to pass 100 percent of the burden onto the developers, which is why the policy was set at 50 percent. The substitute motion died for lack of a second. UPON MOTION of Vice Chairman Juba, seconded by Commissioner Mynatt with Chairman Carruth, Vice Chairman Juba and Commissioners Mynatt and White voting for and Commissioner Privette voting against, the Board approved the Consent Agreement between Cabarrus County and Merdian Development Group, LLC, for the Hawthorne Subdivision, including the payment of $6,000.00 per lot to advance school adequacy and a build out schedule of no more than 29 ].ors platted in 2007; no more than 32 lots platted in 2008; no more than 32. lots platted in 2009; and no more than 16 lots platted in 2010. (G-7) Consent Agreement - The Pointe at St. Andrews Subdivision Proiect Kassie G. Watts, Planner, reported a preliminary plat extension was approved by the Cabarrus County Planning and Zoning Board on January 1P„ 2007. She said the developer has been working with the City of Concord for the past few months to finalize the construction drawings and would not have been able to file a final plat within the two-year timeframe. She reported the developer, TWAM, LLC, had an executed consent agreement that included the payment of $9,034.00 per lot to advance school adequacy that was due at building permitting. She pointed out the current policy is to accept the payment at final platting. She reported students from this project will