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April 18, 2005 (Regular Meeting) Page 140 following issues relating to the county attorney position: the hiring of Fletcher L. Hartsell, Jr., as the interim county attorney; the amount of fees paid to Mr. Hartsell over the years; reimbursement of the $130,000.00 settlement; and posting of the county attorney position. Chairman Carpenter asked Pete Cayado of Ware Bonsall Architects to comment on the following jail related issues: (1) Future expansion of the Justice Center; and (2) Possibility of building the temporary jail on the same property as the Justice Center. Mr. Cayado reported the Justice Center was designed to accommodate future expansion. He stated the temporary jail could not be built on the downtown property without extensive re-design of the plans and additional property acquisition. Roxanne Hicks of Jim Johnson Road encouraged approve the Wellington Chase Subdivision until infrastructure to support it. Board members not to there is adequate Dave Marlin of Concord Lake Road in Concord asked the Board to approve the Wellington Chase Subdivision. He stated 200 jobs would be created or sustained through the build-out of this project, $40 million of products would be purchased and a tax base of $84 million would be created. He also said the subdivision should be approved because it meets current standards and was submitted prior to the moratorium. Chad wilburn, resident of Bradford Road and vice President of the Board of Directors for Odell Volunteer Fire and Rescue, stated he was speaking on behalf of the fire department. He urged the Commissioners to stop development in the Odell area until the infrastructure (roads, schools, emergency services, etc.) is put into place. John Carmichael, Attorney with Kennedy Covington Lobdell & Hickman, L.L.P., and representing Parker & Orleans (developers of the Wellington Chase Subdivision), read a prepared statement on behalf of the developers. Highlights of his statement included the following: (1) The Wellington Chase subdivision application was submitted prior to the enactment of the moratorium; (2) The application complied with all the rules and regulations in effect at the time of submittal; (3) The developers agreed to advance school adequacy by making a donation $4,034.00 per lot or $1,177,928.00 in total; and (4) the N.C. Department of Transportation is satisfied with the proposed road improvements. Mr. Carmichael stated the subdivision should be approved and the approval would be consistent with policy adopted by the Board in October 2004 as well as the Board's prior conduct in approving subdivisions where the developer agrees to advance school adequacy. Joe Harris, P.E. and Engineer of record for the Wellington Chase subdivision, reviewed the design plans for the subdivision. He highlighted the following: (1) The project consists of 196 acres including 173 acres to be developed at a density of 1.69 units per acre for a total of 292 lots with 23 acres set aside for future commercial development; (3) Two different lot sizes are available; (4) The project is not located in a floodplain; (5) The project exceeds the requirement for common open space; (6) Amenities, situated on 3.79 acres, include a swimming pool, double tennis courts, club house and a tot lot; (7) The road designs exceed requirements; and (8) The only concern from the Emergency Management staff was stub streets on two cul- de-sacs. Amy Massey, P.E., of Kimley-Horn and Associates, Inc., submitted a Memorandum summarizing the following three documents that had been submitted for the Wellington Chase Subdivision project: Traffic Impact Analysis (TIA) , TIA Addendum (February 16, 2005) and N.C. Department of Transportation (DOT) documentation. She stated the TIA was prepared in coordination with County staff and satisfied the ordinance requirements, including trip generation, trip distribution, analysis of existing system and identifying the needed improvements. Based on those documents, she stated there are three improvements that are required, specifically left and right turn lanes on NC 73 into the development and a northbound left turn lane on Odell School Road into the development. Finally, she stated the County's ordinance requirements have been met and the developer does agree to construct the required improvements. Faye Crowe, resident of the Odell Community, asked the Board to deny the appeal of the Wellington Chase subdivision. She stated Highway 73 is already overburdened and cannot handle the additional traffic generated by the 300 new homes planned for the subdivision. She stated there is inadequate