BC 2007 04 16 Regular - Laserfiche WebLink

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April 16, 2007 (Regular Meeting) Page 394 UPON MOTION by Vice Chairman Juba, seconded by Commissioner Mynatt and unanimously carried, the Hoard agreed to forward the proposed text amendment to the Planning and Zoning Commission for approval and to maintain the refund policy as presented. (G-10) Consent Agreement - Roycroft Subdivision Kassie G. Watts, Planner, reported the Roycroft subdivision, developed by T.D.W. Holdings, LLC of Charlotte, N.C., was approved by the Cabarrus County Planning and Zoning Board on March 15, 2007 and consists of 361 single-family residential units on +/-262.92 acres located on Flowes Store Road. A consent agreement to address school APFO (Adequate Public Facility Ordinance) requirements is required for the project to proceed. The Consent Agreement includes the payment $9,039.00 per lot to advance school adequacy that will be due at final platting and the following proposed build-out schedule: no more than 99 lots platted in 2008, no more than 99 lots platted in 2009, no more than 99 lots platted in 2010, and no more than 64 lots platted in 2011. Finally, she reported that the APFO worksheet includes the opening of Hickory Ridge High School. There was a general discussion on denying the consent agreement. Richard M. Koch, County Attorney, reviewed the options available to the Board concerning consent agreements. Chairman Carruth asked if the developer was willing to revise the build out schedule. Randall Tillman, the project developer, stated $1,456,274.00 will be paid in Adequate Public Facility fees and that only 99 building permits were requested in 2008. Commissioner Privette made a MOTION to delay this consent agreement until adequate school capacity is available. Commissioner Mynatt seconded the motion. There was a discussion on how long the project would be delayed. John Day, County Manager, suggested the motion include language that is definite as to when capacity will exist. If the. date of capacity is uncertain, he said the action will be difficult to defend legally. Mr. Koch advised the motion should contain a definite date as to when the Board would consider the schools to be adequate so the project could move forward. Otherwise, he said the motion has the effect of an indefinite moratorium on the project. There was a brief discussion that the Board should be mindful of setting a precedent and how that may affect future rulings on consent agreements. Vice Chairman Juba asked Mr. Tillman if the build-out schedule could be amended. Mr. Tillman reviewed the proposed build-out schedule and pointed out the project is already phased for a five-year period. He. commented on the number of costly studies that have been completed for this project and asked the Board to take that into consideration. He said all the rules have been followed and that he is being treated unfairly. There was further discussion. Grady Cook, property owner, reported the number of lots has been taken into consideration and that other developments across the river were approved with a higher phasing schedule. Mr. Tillman interjected that this project is participating in a regional wastewater pump station that the City of Concord is installing on the other side of the .river which will serve the entire drainage basin. He also commented on the return of investment and responded to further questions from the Board. ~. - Ms. Watts stated the developer may not be able to pull all 99 permits in 2008 due to a delay in getting construction drawings approved by the City of Concord.