BC 2005 09 29 RECESSED - Laserfiche WebLink

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September 29, 2005 - Recessed Meeting Page 345 Mr. Bost stated he would agree to a build out schedule of 49 lots in 2007 and 50 lots in 2008. UPON MOTION of Vice Chairman Carruth, seconded by Commissioner Juba with Vice Chairman Carruth, Commissioner Juba and Chairman Carpenter voting for and Commissioners Privette and Freeman voting against, the Board approved the Consent Agreement for The Woods at Winecoff Subdivision with 49 homes in 2007 and 50 homes in 2008; and granted authority to the County Manager and County Attorney to finalize the Consent Agreement. The amendment by Commissioner Privette, and seconded by Commissioner Freeman to include the following statement failed with Commissioners Privette and Freeman voting for and Chairman Carpenter 1 Vice Chairman Carruth and Commissioner Juba voting against: "that the Cabarrus County School Board give the Board assurance that adequate school space will be provided to these students according to this schedule". Laureldale Subdivision Jonathan Marshall, Commerce Director, reported that the developer for Laureldale Subdivision had provided a build out schedule and signed a Consent Agreement. This subdivision had been approved by the City of Concord. The negotiated build out schedule was as follows: 27 lots in 2006; 108 lots in the years 2007, 2008 and 2009; and 83 lots in 2010. Chairman Carpenter asked the developer about moving the 27 homes shown in the year 2006 out in the build out schedule. Steve Pace stated he had worked with staff regarding the phasing of the development and had been seeking approval of the subdivision since February. He stated he would be willing to give up the 27 lots in 2006 if that would be necessary for approval. After a brief discussion with Mr. Pace, Mr. Day reported the developer was willing to agree to the provision that no certificates of occupancy would be issued until January 2007. He explained this would allow the developer to get 27 building permits in 2006 but no certificates of occupancy would be issued until January 1, 2007. Mr. Pace concurred with Mr. Day's proposal. UPON MOTION of Commissioner Juba, seconded by Vice Chairman Carruth, with Commissioner Juba, Vice Chairman Carruth and Chairman Carpenter voting for and Commissioners Privette and Freeman voting against, the Board approved the Consent Agreement for the Laureldale subdivision as presented with the condition that no certificates of occupancy would be issued for residential housing before January 1, 2007; and authorized the County Manager and County Attorney to finalize and execute the Consent Agreement. The amendment by Commissioner Privette, seconded by Commissioner Freeman, to include "the Cabarrus County School Board certify that there will be adequate school facilities for any students the subdivision may provide" failed with Commissioners Privette and Freeman voting for and Chairman Carpenter, Vice Chairman Carruth and Commissioner Juba voting against. There was again discussion regarding school adequacy, including the capacity of existing schools, the planned construction of new schools in the Odell area and staff's report regarding school adequacy. Waterford at Rocky River Mr. Marshall reported that Waterford at Rocky River was before the Board for appeal and, depending upon that appeal, a Consent Agreement. He stated the proposed subdivision is located between Shiloh Church Road and Jim Johnson Road with a density of 1.63 units and a total of 264 lots. He stated that staff recommended approval of the Subdivision 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.