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June 19, 2006 - Regular Meeting Page 676 income residents and could be considered part of our on-going community development local match funds. UPON MOTION of Commissioner Privette, seconded by vice Chairman Juba and unanimously carried, the Board agreed to eliminate the Northwest Water and Sewer Fee effective July 1, 2006; to reimburse the County $200,000.00 for expenses for the off-site water line improvements for Cox Mill Elementary School construction project, including authorization of the necessary budget amendment to transfer the funds i and to direct staff to develop priorities for the expenditure of the remaining funds to comply with the settlement agreement. (G-9) Consent Agreement - Landon Townhomes Kassie G. Wattsl Planner, presented a Consent Agreement for the Landon Townhome Subdivision. She reported the subdivision, developed by Primestar Properties, Inc., was granted a one-year preliminary plat extension by the Harrisburg Planning and Zoning Board on March 20, 2006, and consists of 109 townhome lots on 21.1 acres located on NC Highway 49. The Consent Agreement also included $1,331.00 per lot payment to be due at final platting to advance adequacy. The proposed build out schedule is as follows: 2006 - 36 lots platted; 2007 - 36 lots platted; and 2008 - 37 lots platted. Ms. Watts responded to questions about school adequacy and the amount to advance adequacy. Including previously approved subdivisions, these schools will be functioning at the following capacity upon completion of the Landon Townhome subdivision: Pitts school Road Elementary - 91.40 percent; J. N. Fries Middle School - 113.20 percent; and Jay M. Robinson High School - 118.45 percent. There was brief discussion about the decision by the Court of Appeals regarding Durham County's school impact fee and the special legislation for Cabarrus County that provides for the advancement of school adequacy by developers. UPON MOTION of Vice Chairman Juba, seconded by Chairman Carruth with Chairman Carruth, Vice Chairman Juha and Commissioners Carpenter and Freeman voting for and Commissioner Privette voting against, the Board approved the Consent Agreement between Cabarrus County and Primestar Properties, Inc., for the Landon Townhome Subdivision, including the payment of $1,331.00 per lot to advance school adequacy and a build out schedule of 36 lots platted in 2006, 36 lots platted in 2007, and 37 lots platted in 2008. (G-10) Consent Agreement - The Bluffs at Mill Bridge Subdivision Kassie G. Watts, Planner, presented a Consent Agreement for the Bluffs at Mill Bridge Subdivision. She reported the subdivision, developed by Hartsell Brothers, was approved by the Cabarrus County Planning and Zoning commission on May 18, 2006, and consists of 20 single family lots on approximately 52 acres located on N. C. Highway 601. She said the Consent Agreement provides for the advancement of adequacy at $4,034.00 per lot that will be due at final platting. The build out schedule is as follows: 10 lots platted in 2006 and 10 lots platted in 2007. There was brief discussion on the amount of capacity at the middle school and high school affected by the subdivision. Upon completion of the subdivision, these schools are projected to be functioning at the following capacity: C.C. Griffin Middle School - 161.54 percent; and Central Cabarrus High School 186.12 percent. The Hickory Ridge High School, which is projected to open in 2007, will provide relief at Central Cabarrus. UPON IIlOTION of Vice Chairman Juba, seconded by Commissioner Carpenter with Chairman Carruth, Vice Chairman Juha and Commissioner Carpenter voting for and Commissioners Freeman and Privette voting against, the Board approved the Consent Agreement between Cabarrus County and Hartsell Brothers for the Bluffs at Mill Ridge Subdivision, including the payment of $4,034.00 per lot to advance school adequacy and a build out schedule of 10 lots platted in 2006 and 10 lots platted in 2007. (G-ll) Consent Agreement - Oxford Commons Subdivision Kassie G. Watts, Planner, presented a Consent Agreement for the Oxford Commons Townhomes subdivision. She reported the subdivision, developed by Portrait Homes, was approved by the Concord Planning and Zoning Board on April 18, 2006, and consists of 262 townhome lots on approximately 34.7 acres located on pitt School Road. She said the Consent Agreement provides for the