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August 20, 2007 (Regular Meeting) <br />Page 529 <br />of Occupancy will be issued before September 1, 2008 for no more than 120 <br />apartment units; Calendar Year 2009 - no more than 270 apartment units (or a <br />total of 390 apartment units); and Calendar Year 2010 - no more than 192 <br />apartment units (or a total of 532 apartment units). He also proposed to <br />make the school adequacy payment for all 532 units at the issuance of the <br />first building permit on the first building. <br />Commissioner Mynatt MOVED to approve the revised Consent Agreement <br />between Cabarrus County and American Development Industries, LLC., for The <br />Parkway Commons Apartment Complex, including the payment of $1,331.00 per <br />unit to advance school adequacy due in its entirety upon the issuance of the <br />first building permit. Further, the Board approved the following revised <br />build-out schedule: Calendar Year 2008 - No Certificate of Occupancy will be <br />issued before September 1, 2008 for no more than 120 apartment units; <br />Calendar Year 2009 - no more than 270 apartment units (or a total of 390 <br />apartment units); and Calendar Year 2010 - no more than 142 apartment units <br />(or a total of 532 apartment units). <br />After a brief discussion on school capacity, Commissioner White <br />seconded the motion. The MOTION carried with Chairman Carruth, Vice Chairman <br />Juba and Commissioners Mynatt and White voting for and Commissioner Privette <br />voting against. <br />(G-5) Consent Agreement - Parkside at Skybrook Village Phase 3 Subdivision <br />Kassie G. Watts, Planner, presented a Consent Agreement for the <br />Parkside at Skybrook Village Phase 3 subdivision developed by Skybrook, LLC. <br />The subdivision, approved by the Concord Planning and Zoning Board on January <br />16, 2007, consists of 50 single family residential units on +/- 20.36 acres <br />on Poplar Tent Road. She reported the Consent Agreement includes the payment <br />of $9,034.00 per lot to advance school adequacy and is due at final platting. <br />Further, the Consent Agreement includes the following build-out schedule: no <br />more than 35 lots to be platted in 2008 and no more than 15 lots to be <br />platted in 2009. Finally, she reported the school capacity figures presented <br />at the August work session for the Odell Elementary School are correct. <br />Ms. Watts responded to questions from the Board. There was a short <br />discussion on school capacity and the Board's policy on Consent Agreements. <br />Commissioner Privette stated his intent to vote against the motion. <br />UPON MOTION of Commissioner White, seconded by Vice Chairman Juba with <br />Chairman Carruth, Vice Chairman Juba and Commissioners Mynatt and White <br />voting for and Commissioner Privette voting against, the Board approved the <br />Consent Agreement between Cabarrus County and Skybrook, LLC, for the Parkside <br />at Skybrook Village Phase 3 Subdivision, including payment of $9,034.00 per <br />lot due at final platting to advance school adequacy and the following build- <br />out schedule of no more than 35 lots in 2008 and no more than 15 lots in <br />2009. <br />Chairman Carruth announced a Growth Summit for elected officials will <br />be held on September 10, 2007 at the Cabarrus Arena and Events Center. <br />(G-6) Ware Bonsall Contract Amendment No. 13 <br />The plaintiffs in a lawsuit challenging the City of Concord's approval <br />of a conditional use permit for construction of a jail downtown have offered <br />to drop the suit in exchange for a number of changes to the project. <br />Amendment #13 was requested by the Board of Commissioners for the purpose of <br />evaluating the plaintiff's proposal. Amendment #13 addresses all issues <br />concerning evaluation of the plaintiffs' proposal from a schematic design <br />standpoint. The architects would provide all of the services in the proposal <br />for $375,000.00. <br />Chairman Carruth commented on the number of meetings that were held <br />with the plaintiffs in an attempt to reach a compromise on the jail project. <br />He thanked Jim Bothwell and Dan McDonald for organizing and hosting the <br />meeting he attended. <br />John Day, County Manager, identified the following parameters presented <br />by the Plaintiffs: <br />1. That the maximum number of new beds be limited to 364, including those <br />in the Annex in the downtown area. <br />2. That the height be kept to four stories. Four stories is defined as a <br />maximum height of 50' <br />