BC 2006 10 09 WORK SESSION - RECESSED

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October 9, 2006 (Work Session/Recessed Meeting) Page 130 Countryside Residential (CR) to build two single family homes; the property is located in the Poplar Center area of the 73 Small Area Plan and is located off Shiloh Church Road, near the intersection of Shiloh Church Road and Highway 73; the Cabarrus Planning and Zoning Commission voted in favor (6 - 3) of the rezoning request on September 21, 2006; however, the vote was not an expedited vote and the Board of Commissioners must hold a de novo (anew) hearing and render a final decision. Commissioner Privette made a motion to place Rezoning Case C2006-07 on the October 31, 2006 Agenda as a New Business item. Commissioner Carpenter seconded the motion. Commissioner Privette reported viewing the property when he attended a ribbon cutting ceremony for NorthEast Medical Center. He said the property owner wanted to retain a portion of the land to build a home, but realized the property had been placed in the OI zoning. Staff responded to a variety of questions regarding roads and subdivision of the property. UPON MOTION of Commissioner Privette, seconded by Commissioner Carpenter and unanimously carried, the Board voted to place Rezoning Case No. C2006-07 (Louis Looper, Applicant) on the October 30, 2006 Agenda as New Business item and scheduled a public hearing. Consent Agreement - Bedford Farms Subdivision Susie Zakraisek, Planning & Zoning Manager, presented a Consent Agreement for the Bedford Farms Subdivision. She reported the subdivision, developed by Niblock Development Corporation, was approved by the Concord Planning and Zoning Board on July 18, 2006, and consists of 166 single family homes on approximately 116.89 acres located on Heglar Road. 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: no more than 66 lots platted in 2007; no more than 60 lots platted in 2008; and no more than 40 lots platted in 2009. Commissioner Privette made a motion to place the Consent Agreement for the Bedford Farms Subdivision on the October 30, 2006 Agenda as a New Business item. Commissioner Carpenter seconded the motion. Chairman Carruth commented on the capacity percentages for Irvin Elementary, Mt. Pleasant Middle and Mt. Pleasant High School being based on the entire inventory in that area. Commissioner Carpenter asked if there had been any discussion with the developer to make this subdivision a four or five year project and if the developer would be willing to revise the build out schedule before the Board's next meeting. Jonathan Marshall, Commerce Director, advised that staff will present the request to the developer. UPON MOTION of Commissioner Privette, seconded by Commissioner Carpenter and unanimously carried, the Board voted to place the Consent Agreement for the Bedford Farms Subdivision on the October 30, 2006 Agenda as a New Business item. Request to Move Cabarrus County Right-of-Way on Teresa Eudy_ Property (Parcel ID# 4691075928) at the South end of Lake Don T. Howell Jonathan Marshall, Commerce Director, reported the County and the Water and Sewer Authority of Cabarrus County (WSACC) jointly own property at the south end of Lake Don T. Howell. He said the right-of-way to this property is solely owned by Cabarrus County and currently crosses through land owned by Teresa Eudy and Dr. Lewis Curlee. He said there is a proposal from Robert E. Brooks, Real Estate Broker, that the right-of-way be relocated to better serve his client's development plans. He said Cabarrus County would have equal access to the land and a forty-five foot right-of-way. He also pointed out the County would have an improved access to the property because the road will be paved. He further reported Mr. Brooks is scheduled to go before the WSACC Board later this month. Because the property is jointly owned, he