BC 2005 04 18 REGULAR - Laserfiche WebLink

Home Browse Search

April 18, 2005 (Regular Meeting) Page 142 (E-1) Appeal by Parker Eo Orleans Homebui1ders of the Planning and Zoning CODDllission's February J.7th Denial of the Wellington Chase Subdivision C05- 06 (S) On March 21, 2005, the Board tabled the appeal by Parker & Orleans Homebuilders of the Planning and Zoning Commission's denial of the Wellington Chase Subdivision [C05-06(S)] on February 17. Jonathan Marshall, Commerce Director, stated he was available to respond to questions. There were no questions by the Board. There was brief discussion regarding the Board's action on March 21, including Commissioner Privette's motion to deny the project. It was clarified that the substitute motion by Vice Chairman Carruth and approved by the Board was to table the appeal until this date (April 18). Chairman Carpenter presented the following motion: Pursuant to Chapter 4, Section 17 of Cabarrus County's current subdivision ordinance, the county is responsible for reviewing each subdivision plat submitted to determine among other things, whether public facilities, including schools, fire and rescue, law enforcement and other facilities, are adequate to serve new residences and new residents occasioned by development. Under the Ordinance, "adequate" means adequate now, or programmed to be in place within two years of preliminary approval. On February 17, 2005, the Cabarrus County Planning and Zoning Commission unanimously denied Petition C05-06 (S), finding BOTH that insufficient school capacity currently exists to serve the additional students arising from the development and construction of Wellington Chase AND that the IS-year school Facility Plan adopted by the Cabarrus County School System simply does not include the additional school capacity reasonably expected to arise from the anticipated new residents of this subdivision. On March 15, 2005, the developer of Wellington Chase, together with the landowner (the "Applicants"), appealed the denial of preliminary plat approval to this Board. The Applicants agreed, and continue to agree, among other things, to contribute $4,034.00 per lot to advance adequacy and to provide, at their own cost, certain improvements to the intersection of Odell School Road and N. C. Highway 73. On December 20, 2004, this Board adopted a six-month moratorium on the approval of new subdivision plats within the unincorporated limits of the County and initiated a thorough review of the County's planning, zoning, subdivision and development ordinances. This review provides for the extensive and intensive involvement of citizens, developers, planners and the financial community and is intended to place the County in a better position to respond to exploding growth, while integrating fiscal and infrastructure discipline concurrently with appropriate cost-sharing. While the plat application for Wellington Chase was filed before the commencement of the moratorium, this Board cannot ignore the results of the adequacy review as to schools, the lack of funds for school construction available beyond those approved in the November bond election, the effect of other infrastructure planned (or unplanned) for the area, and our desire to establish a truly comprehensive plan and ordinances focused on growth issues and related matters scheduled to be completed in June. with these comments in mind, and with their incorporation into this motion as the common consensus of this Board, if approved, I move we deny the appeal of Petition C05-06(S) at this time, while encouraging the Applicant to resubmit upon the Board's adoption of the post moratorium standards and ordinances. vice Chairman Carruth seconded the motion and commented on pressures of development, conservation desires, infrastructure needs and N. C. Department of Transportation reform. The motion passed unanimously.