BC 2005 09 29 RECESSED - Laserfiche WebLink

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September 29, 2005 - Recessed Meeting Page 343 UPON MOTION of Vice Chairman Carruth, seconded by Commissioner Juba with vice Chairman Carruth, Chairman Carpenter and Commissioners Juba and Freeman voting for and Commissioner Privette voting against, the Board amended the Agenda to add the appeals for the Waterford on the Rocky River Subdivision and the Pelham Poiute Subdivision. Pelham Points Subdivision Mr. Marshall presented the Planning Staff Report for the Pelham pointe Subdivision, which is proposed on Jim Johnson Road at the intersection with NC 73. There are 113 proposed lots at a proposed density of 1. 99 on 58.2 acres. He stated the proposed subdivision met the County's ordinances at the time of submission and Planning staff recommended approval with the following conditions: 1) That the developer enters into a consent agreement with the County to meet the Adequate Public Facilities Ordinance requirements for school facilities. 2) In accordance with the Cluster Development Standards, open space areas shall remain undisturbed except for the installation of active recreation amenities, utility lines, and removal of under brush. Disturbance shall be approved by the Subdivision and/or Zoning Administrator. Where buffer areas along roadways lack natural vegetation, developer shall be responsible for planting those areas per the Cabarrus County Zoning Ordinance standards. 3) A final driveway permit be obtained from N. C. Department of Transportation (NCDOT) standards. 4) That all offsite road improvements be constructed per NCDOT standards. 5) Existing on site waste water systems and wells shall be abandoned per state and local requirements. 6) That the developer meet Kannapolis requirements for water and sewer service. Mr. Marshall responded to a number of questions regarding Pelham pointe. He provided the following information: 1) The offsite road improvements, including the realignment of Jim Johnson Road at NC 73 and widening of a section of Jim Johnson Road, would be funded by the developer. The Board could include as a part of the condition that the "road improvements be completed before the first final plat is approved". 2) Based on the build out schedule provided by the developer, the ongoing construction of schools and with the adequate public facilities ordinance and policies currently in place, adequate space is projected in the schools. Also, by signing the Consent Agreement, the developer is agreeing to advance adequacy and guarantee that space. 3) The Planning and Zoning Commission voted 6-2 to deny the subdivision and, based upon its minutes, the reason was the adequate public facilities ordinance. Mr. Hartsell reported that the proposed consent agreements that have been negotiated are identical to those consent agreements previously approved by the Board with two exceptions: (1) Phasing and phasing period; and (2) Timing of the payment of the adequate facilities fee. He explained the phasing provides for a maximum number of residences that may be developed during a specific term. There may be several phases with the adequacy fee paid up front for each phase rather than at the issuance of a building permit or certificate of occupancy. Finally, Mr. Hartsell stated the agreements recognize the rights of the applicant, developer, etc., that existed at the time the subdivision/plat was submitted and the ordinances that were in place at that time. There was lengthy discussion by the Board regarding Pelham pointe. The following issues were addressed: (1) Denial of the subdivision by the Planning and Zoning Commission; (2) History of subdivision approval over the past six years by the Planning and Zoning Commission and the Board; (3) Change in 2004 when the Planning and zoning Commission began to disapprove subdivisions; and (4) Alleged calls by a Board member to Planning and Zoning Commission members urging them to disapprove subdivisions. At Chairman Carpenter's request, Mr. Marshall reviewed the six conditions related to approval of the Pelham pointe Subdivision. He pointed out the Board had discussed adding the condition for the offsite road improvements to be completed prior to the first final plat being approved.