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August 20, 2007 (Regular Meeting) Page 528 ZONING ORDINANCE (C2007-07-ZT) BE IT ORDAINED that the Cabarrus County Zoning Ordinance is hereby amended as follows: ADD Chapter 15, Adequate PublicFacilities Ordinance. Adopted this the 20r" day of August, 2007 by the Cabarrus County Board of Commissioners. /s/ Robert W. Carruth Robert W. Carruth, Chairman Cabarrus County Board of Commissioners ATTEST: /s/ Kay Honeycutt Kay Honeycutt, Clerk to the Board Commissioner Privette seconded the motion. Richard M. Koch, County Attorney, responded to questions from the Board and further discussion was held. Upon conclusion of the discussion, the MOTION unanimously carried. (G-3) Consent Agreement - The Villages at Dreaming Creek Subdivision Kassie G. Watts, Planner, presented a Consent Agreement for The Villages at Dreaming Creek subdivision project. The subdivision, approved by the Concord Planning and Zoning Board on July 17, 2007 and developed by Yates Properties, LLC, consists of 57 single family residential units and 96 multi- family units on +/- 31.77 acres located on Concord Parkway. She reported Consent Agreement indludes the payment of $9,039.00 per single family lot (due at final platting) and a payment of $1,331.00 per multi-family lot (due prior to the issuance of building permits) to advance school adequacy. Based on comments at the Board's August work session, she reported the Consent Agreement includes a revised build-out schedule of no more than 29 single family lots platted and. no more than and 28 multi-family building permits issued in calendar year 2007; and no more than 28 single family lots platted and 18 multi-family building permits issued in calendar year 2008. Finally, she stated the availability of the developer and his agent, Steven Whaley, to respond to questions. UPON MOTION of. Commissioner Mynatt, seconded by Commissioner White, 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 Yates Properties, LLC., for The Villages at Dreaming Creek Subdivision, including the payment of $9,034.00 per single family lot (due at final platting) and a payment of $1,331.00 per multi-family lot (due prior to the issuance of building permits) to advance school adequacy. Further, the Board approved the following build-out schedule of no more than 29 single family lots platted and no more than and 26 multi-family building permits issued in calendar year 2007; and no more than 28 single family lots platted and 18 multi-family building permits issued in calendar year 2008. (G-4) Consent Agreement - Parkway Commons Apartment Complex Kassie G. Watts, Planner, reported the Parkway Commons apartment complex, developed byAmerican Development Industries, Inc., consists of 532 multi-family apartment units on +/- 36 acres located on Macedonia Church, Barr Roads and the Kannapolis Parkway. She also reported the project was approved by the Kannapolis Planning and Zoning Board on April 23, 2007 and the Consent Agreement includes the payment of $1,331.00 per unit to advance school adequacy which is due prior to the issuance of a Certificate of Occupancy (CO). Further, she reported the developer is in attendance and would like to present a revised build-out schedule based on units. Tom McClellan, CEO of American Development Industries, Inc., introduced John Carmichael, also. with American Development Industries, Inc., to present a proposal to amend the Consent Agreement. Mr. Carmichael reported the development team decided it would be more accurate to phase by apartment unit instead of apartment building and is easier to calculate the school adequacy payment. He presented the following proposal for the Board's consideration: Calendar Year 2008 - No Certificate