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<br />September 29, 2005 - Recessed Meeting <br /> <br />Page <br /> <br />346 <br /> <br />3) <br /> <br />Final driveway permit <br />Transportation (DOT). <br /> <br />be <br /> <br />obtained <br /> <br />from N. <br /> <br />C. <br /> <br />Department <br /> <br />of <br /> <br />Mr. Marshall stated the DOT review of the subdivision had indicated <br />that improvements to Jim Johnson Road were tied to the improvements for <br />Pelham pointe subdivision. There were to be improvements at the Jim Johnson <br />Road intersection and that the DOT District Engineer had identified that Jim <br />Johnson Road needed to be widened from 16 feet to 20 feet, or two feet on <br />each side. He said it was his understanding there was a condition for DOT <br />approval that the developer would contribute to the widening of Jim Johnson <br />Road. <br /> <br />John Robbins, representing Waterford on Rocky River, reported there <br />have been several meetings with DOT officials and Pelham pointe developers <br />regarding the road improvements. He said Waterford will provide $100,000.00 <br />to widen and resurface Jim Johnson Road beginning at the improvements made by <br />the Pelham pointe developer down Jim Johnson Road to a minimum as far as the <br />Waterford entrance. He advised that his goal was to resurface and widen the <br />road as far as possible. <br /> <br />There was lengthy discussion regarding the proposed subdivision and <br />road improvements required by the State. Issues addressed during discussion <br />included the required widening of Jim Johnson Road, the agreement by the <br />developer to contribute up to $100,000.00 to fund those improvements, the <br />acquisition of right of way for the road improvements, the building schedule <br />for homes on Shiloh Church Road and Jim Johnson Road and the required <br />secondary entrance to the subdivision. <br /> <br />A motion was made by Vice Chairman Carruth, seconded by Commissioner <br />Juba, to approve the Waterford on Rocky River Subdivision subject to the <br />following conditions: <br /> <br />1) That the developer enters into a consent agreement with the County <br />to met the Adequate Public Facilities Ordinance requirements for <br />school facilities. <br />2) In accordance with the Cluster Development Standards, open space <br />areas shall remain undisturbed except for the installation of active <br />recreation amenities, utility lines, and removal of under brush. <br />Disturbance shall be approved by the Subdivision and/or Zoning <br />Administrator. <br />3) Final driveway permit be obtained from NCDOT. <br />4) That the developers provides $100,000.00 towards the widening of Jim <br />Johnson Road from 16 feet to 20 feet as required by the N. C. <br />Department of Transportation, with the widening to begin at the <br />intersection of the Pelham pointe Subdivision improvements and <br />proceeding north as far as it will go. <br /> <br />Commissioner Privette offered an amendment that the appeal be approved <br />upon the condition that the Cabarrus County School Board verifies there will <br />be adequate school facilities for the students from this development. The <br />motion was seconded by Commissioner Freeman and approved with Commissioners <br />Privette and Freeman and Vice Chairman Carruth voting for and Commissioners <br />Juba and Chairman Carpenter voting against. <br /> <br />Vice Chairman Carruth stated he voted in error for the amendment. <br /> <br />UPON MOTiON of Vice Chairman Carruth, seconded by Chairman Carpenter <br />with Vice Chairman Carruth, Chairman Carpenter and Commissioner Juba voting <br />for and Commissioners Privette and Freeman voting against, the Board moved to <br />reconsider the amendment by Commissioner Privette. <br /> <br /> <br />The Board voted again on the amendment by Commissioner Privette, and <br />seconded by Commissioner Freeman. The amendment failed with Commissioners <br />Privette and Freeman voting for and Chairman Carpenter, Vice Chairman Carruth <br />and Commissioner Juba voting against. <br /> <br />The Board then voted on the original motion (set forth above) by Vice <br />Chairman Carruth and seconded by Commissioner Juha. The motion passed with <br />Vice Chairman Carruth, Commissioner Juha and Chairman Carpenter voting for <br />and Commissioners Freeman and Privette voting against. <br /> <br />There was discussion regarding the proposed <br />Waterford. The negotiated build out schedule called <br />lots in 2007, 85 lots in 2008 and 56 lots in 2009. <br />that the schedule be moved out one year. <br /> <br />Consent Agreement for <br />for 40 lots in 2006, 85 <br />Chairman Carpenter asked <br />