BC 2006 12 18 REGULAR - Laserfiche WebLink

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December 18, 2006 (Regular Meeting) Page 213 There was a brief discussion on extending the build-out schedule to four years. Craig George, with DPR Associates, stated the developer has already experienced a significant hardship with starting the project due to the construction delays on Highway 99 and that they are currently two to three years behind schedule. Commissioner Mynatt asked if the developer previously entered into a Consent Agreement. Ms. Watts reviewed the approval history for the townhome project and reported this is the third time the developer has come before the Board for a Consent Agreement. Mr. Koch responded to questions on the possibility of amending the Consent Agreement. Ms. Goodson pointed out that the Unified Development Ordinance permits a one-year extension on a preliminary plat which runs with the Consent Agreement. UPON MOTION by Vice Chairman Juba, seconded by Chairman Carruth 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 Primestar Properties, Inc., for the Landon Townhome Subdivision, including the advancement of adequacy of $1,331.00 per lot and a build-out schedule of no more than 37 lots platted in 2007, no more than 35 lots platted in 2008 and 37 lots platted in 2009. Further, the Board authorized the County Manager to execute the Agreement on behalf of Cabarrus County. (G-5) Consent Agreement for the Newman Manor Subdivision Project Kassie Goodson Watts, Planner, presented a Consent Agreement for Newman Manor subdivision, developed by Carolina Development of Charlotte, Inc., and consisting of 29 single-family lots on +/-22.99 acres on Oakwood Avenue in the City of Kannapolis. She reported the subdivision was approved by the Kannapolis Planning and Zoning Board on August 10, 2005 but is part of the Cabarrus County School district. The Consent Agreement includes a payment of $4, 039.00 per lot to advance school adequacy and the following "take down" schedule: no more than 6 lots permitted in 2006, no more than 16 lots permitted in 2007 and no more than 7 lots permitted in 2008. She pointed out this Agreement is slightly different than other Consent Agreements due to the fact that the developer has already received an approved final plat for 29 lots from the City of Kannapolis. Jonathan Marshall, Commerce Director, reported this Consent Agreement is the one that was discussed at the Board's work session; although notice was given that the developer needed to have a Consent Agreement, the developer did not come to the County until July because Kannapolis staff were confused about the applicability of the Adequate Public Facilities Ordinance; and in the interim, Kannapolis approved the final plat. He further reported the payments are tied to a "take down" schedule rather than a final map and the alternative would be to require payment for all 29 lots at the beginning of the project. Zn response to questions from Commissioner Mynatt, Mr. Marshall clarified the developer has prepared the site, plans to sell the lots to a builder based on a predetermined schedule and the Consent Agreement is tied to that scheduled. UPON MOTION by Vice Chairman Juba, seconded by Commissioner Mynatt with Chairman Carruth, Vice Chairman Juba and Commissioner Mynatt and White voting for and Commissioner Privette voting against, the Board approved the Consent Agreement between Cabarrus County and Carolina Development of Charlotte, Inc., for the Newman Manor Subdivision, including a payment of $9,039.00 per lot to advance school adequacy and a "take down" schedule of no more than 6 lots permitted in 2006, no more than 16 lots permitted in 2007 and no more than 7 lots permitted in 2008. Further, the Board authorized the County Manager to execute the agreement on behalf of Cabarrus County. (G-6) Consent Agreement for the Shiloh Village Subdivision Project Kassie Goodson Watts, Planner, presented a Consent Agreement for the Shiloh Village Subdivision developed by Shiloh Ridge Development, LLC, for 30 single family lots on approximately +/-10.04 acres on Shiloh Church Road.