BC 2006 12 18 REGULAR - Laserfiche WebLink

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December 18, 2006 (Regular Meeting) Page 211 Kelly Sifford, Community Development Manager, presented a general overview of the CDBG Scattered Site Housing Rehabilitation grant program including funding cycles, public hearings, plans and programs, and the creation of a selection committee. She reported the County will receive $400,000.00 in grant funding of which $90,000.00 is for administration and will rehabilitate approximately five or six homes. Ms. Sifford responded to a variety of questions from the Board concerning who does the work, what is CDBG, etc. At 8:14 p.m., Chairman Carruth opened the public hearing on the Community Development Block Grant Scattered Site Housing Rehabilitation Program. The Public Hearing Notice was published on December 7 and 10, 2006 in THE INDEPENDENT TRIBUNE. There was no one present to address the Board; therefore, Chairman Carruth closed the public hearing. (G-3) Consent Agreement - Castlebrooke Manor Subdivision Project Kassie Goodson Watts, Planner, presented the Consent Agreement for Castlebrooke Manor Subdivision developed by Triune Development, LLC, for 70 single-family lots on +/-108.247 acres located on Jim Johnson Road that was approved by the Kannapolis Planning and Zoning Board on August 11, 2006. She reported the Consent Agreement includes a payment of $9,034.00 per lot to advance school adequacy that is due at final platting and a build-out schedule of no more than 28 lots in 2007, no more than 30 lots in 2008 and no more than 12 lots in 2009. Chairman Carruth stated upon completion of the Castlebrooke Manor Subdivision and other previously approved subdivisions, the W. R. Odell Elementary will be functioning at 113.40 percent, Harris Road Middle School will be functioning at 129.59 percent and the Northwest Cabarrus High School will be functioning at 192.25 percent. He asked if these percentages include the new schools that are planned for in the Northwest area. Ms. Watts reported Cabarrus County Schools' 15 Year Plan identifies the need in 2009 for a new elementary, middle and high school in the northwest area; and, these projects have been moved up on the Revised Critical Facility Projects list, but the Board of Education has not voted on the list and funding has not been identified. Commissioner Mynatt commented on the length of time needed to construct a high school. Commissioner Privette made a MOTION to delay the Castlebrooke Manor Subdivision until the County is given assurance there are adequate school facilities available. At the request of Vice Chairman Juba, Richard M. Koch,County Attorney, reviewed the following options available to the Board under the Adequate Public Facilities Ordinance: (1) in the past, developers have been asked to modify their development by pushing it further into the future so more facilities can be built to accommodate growth; (2) to accept the Consent Agreement as proposed; and (3) in the past, the Board has not agreed to delay projects until facilities are adequate as defined in the Ordinance or the Board's policy which defines full capacity at 110 percent. Since the Board has used options 1 and 2 in the past, he said to do anything different would likely result in an equal protection challenge. There was discussion on water issues and school construction. Mr. Koch pointed out the problem with the way the motion was expressed is that it does not give a specific period of time for this developer to know when this project could proceed and it creates a defacto moratorium, which is illegal. Commissioner White called for a point of order and asked did the motion on the floor have a second. Chairman Carruth reported Commissioner Privette did have a MOTION on the floor to delay the Castlebrooke Manor project indefinitely. However, he said the motion does not have a second.