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March 21, 2005 (Regular Meeting) Page 128 . Email from Leah Porch Wagner (N. C. Department of Transportation) regarding Traffic Improvements on Highway 73 and Odell School Road . Wellington Chase Vicinity Map . Planning Staff Report to Cabarrus County Planning and Zoning Commission dated February 17, 2005 . Letter dated December 10, 2004 from Wilmer Melton, III, Director of Public Works for the City of Kannapolis - Preliminary Water and Sewer Capacity Allocation . Draft Minutes of the Planning and Zoning Commission Meeting on February 17, 2005 . Traffic Impact Analysis prepared by Kimley-Horn and Associates (02/08/05) . Traffic Impact Study Addendum (Technical Memorandum dated 2/16/05 from Amy Massey, PEl . 11"x1711 Color Renderings . 11"x17" Aerial Photographs & Preliminary Site Plan . Preliminary Plat (24" x 36") Sheets 1-4; Sheet 2A-4A Preliminary Utility Plan Rodger Lentz I Planning and Zoning Manager I reported the Planning and Zoning Commission voted on February 17 I 2005, to deny the preliminary plat for the Wellington Chase Subdivision. The developer (Parker and Orleans Homebuilders) and the property owner (Shiloh Farms Corporation) have appealed that decision. Mr. Lentz presented the staff report for Wellington Chase, which is proposed at the intersection of Odell School Road and Highway 73 and located near the Moss Creek development. The developers are utilizing the customized development option and proposing 292 dwelling units on 172.77 acres. Mr. Lentz highlighted the following items: (1) Zoning and land use of adjacent properties; (2) Open space requirements; (3) Water and sewer to be provided by the City of Kannapolis; and (4) Road improvements required by the North Carolina Department of Transportation. Mr. Lentz addressed the issue of school adequacy and referred to the letter from Robert Kluttz of Cabarrus County Schools regarding the impact on schools in that area. He distributed a list of approved subdivisions with approximately 13,000 remaining lots and a Cabarrus County School Core Capacity Worksheet (February 2005). According to Mr. Lentz, the build out of the 13,000 lots would result in a projected 7,454 additional students. He reported school capacity would be at 111 percent for elementary schools, 121 percent for middle schools and 103 percent for high schools if all those lots were built out and no other schools were constructed. In conclusion, Mr. Lentz stated staff does find that this development meets all the development standards of the Cabarrus County Subdivision and Zoning Ordinances. He further said Planning staff recommends approval based on that finding with the following conditions: (1) Developer complies with negotiated road improvements and provides a Performance and Indemnity Bond to ensure these improvements are completed; (2) PE/PLS Certification must be completed to verify that there is sufficient right of way to contain the proposed roadway improvements; (3) Developer agrees to complete a consent agreement with the Cabarrus County Board of Commissioners to provide $4,034.00/10t to advance school adequacy; and (4) All necessary permits in regard to water quality, wetland mitigation and well abandonment must be obtained. Commissioner Privette made Homebuilders for the Wellington seconded the motion. a motion to deny Chase Subdivision. the appeal by Orleans Commissioner Freeman There was lengthy discussion regarding the proposed Wellington Chase subdivision and the adequate public facilities requirements. Issues addressed by the Board included the following: (1) Overcrowding of schools, specifically the letter from Robert Kluttz that cited insufficient school capacity and stating the projected growth from Wellington Chase was not included in the County Schools Fifteen-Year Facility Plan; (2) Increased traffic and its impact on student ride time on school buses as well as on response time by the volunteer fire department; (3) Possible annexation of the property by the City of Kannapolis; (4) Precedent for approving subdivisions; (5) Opposition to dense development by residents of the Odell Community; (6) Inability of existing infrastructure to handle increased density; (7) Rumors of pending lawsuits and potential legal challenges to the adequate public facilities ordinance; (8) Inadequate roads and school space; and (9) Impact of additional development on police protection.