|
<br />November 7, 2005 - Recessed Meeting/Work Session
<br />
<br />Page
<br />
<br />387
<br />
<br />9.
<br />September
<br />purchaser,
<br />
<br />Pursuant to
<br />14, 2004 by
<br />Orleans has a
<br />
<br />a Real Estate Purchase and Sale Agreement dated
<br />and between Shiloh, as seller, and Orleans, as
<br />contract interest in the Subdivision Parcel.
<br />
<br />10. On December 20, 2004, Orleans submitted an application for a major
<br />residential subdivision preliminary plat approval (the uApplicationU) to the
<br />Planning Department of the Cabarrus County Department of Commerce (the
<br />"Planning Department II ) pursuant to Chapter 3, Section 4 of the Cabarrus
<br />County Subdivision Ordinance in effect as of that date (the lISubdivision
<br />Ordinance") for the purpose of obtaining approval from the County to
<br />subdivide and develop the Subdivision Parcel in accordance with the
<br />Application.
<br />
<br />11. The major residential subdivision preliminary plat (the "Plat")
<br />submitted with the Application and that is a part thereof calls for the
<br />Subdivision Parcel to be developed under the customized development option of
<br />the LDR-Low Density Residential zoning district set out in the Cabarrus
<br />County Zoning Ordinance in effect as of December 20, 2004 (the UZoning
<br />Ordinance") with a single family residential community known as "Wellington
<br />Chasell that would contain 292 lots and single family homes, resulting in an
<br />overall density of 1.69 units per acre (the "Proposed Subdivision"). Under
<br />the Plat, approximately 52.03 acres, or 30.05% of the subdivision Parcel,
<br />would be set aside for open space.
<br />
<br />12. At its December 20, 2004 meeting, the Board of Commissioners held a
<br />Public Hearing to consider adopting an interim development ordinance that
<br />would place a six month moratorium on the submission and approval of major
<br />residential subdivision preliminary plat applications for parcels of land
<br />located in the unincorporated areas of Cabarrus County (the "IDO"), and at
<br />the conclusion of the Public Hearing, the Board of Commissioners, by a 3 to 2
<br />vote, adopted the IDO. The IDO was effective upon its adoption.
<br />
<br />13. Pursuant to Section 5 (d) (iii) of the IDO, "major subdivisions,
<br />which, on the effective date of the 100, have had completed preliminary plat
<br />application [s] (per Chapter 3 of the Cabarrus County subdivision Ordinance),
<br />submitted to the Cabarrus County Department of Commerce's Planning Division,
<br />including the paying of all requisite fees" are not affected by or subject to
<br />the IDO. Accordingly, the Application and the Plat submitted to the County by
<br />Orleans was not subject to the IDa, and was to be processed in accordance
<br />with the Zoning and Subdivision Ordinances in place as of December 20, 2004,
<br />and in accordance with all policies and customs in effect as of that date.
<br />
<br />14. The County processed the Application and the Plat in accordance
<br />with Chapter 3, Section 4 of the Subdivision Ordinance. The Cabarrus County
<br />Planning Board (the "Planning Board") considered the Application and the Plat
<br />at its February 17, 2005 meeting and at the conclusion thereof, the Planning
<br />Board, by a unanimous votel denied the Application.
<br />
<br />15. Pursuant to Chapter 1, Section 9 of the Subdivision Ordinance and
<br />within thirty days of the Planning Board's February 17, 2005 meeting, Orleans
<br />and Shiloh, by a letter dated March 15, 2005, appealed the Planning Board's
<br />denial of the Application to the Board of Commissioners (the "Appeal").
<br />
<br />16. The Appeal initially came before the Board of Commissioners at its
<br />March 21, 2005 meeting. A Public Hearing on the Appeal was not held before
<br />the Board of Commissioners. Rather, those individuals who supported or
<br />opposed the Application and the Appeal addressed the Board of Commissioners
<br />during the informal public comment portion of the Board of Commissioners'
<br />agenda.
<br />
<br />17. Mr. Rodger Lentz, Planning and Zoning Manager for Cabarrus County,
<br />presented the Planning Staff Report regarding the Application (the "Staff
<br />Report") to the Board of Commissioners at the March 21, 2005 meeting. The
<br />Staff Report contains, among other things, the recommended conditions for the
<br />approval of the Application (the "Conditions for Approval") .
<br />
<br />18. The Conditions for Approval as set out in the Staff Report are: (i)
<br />that Orleans comply with negotiated road improvements and provide a
<br />performance and indemnity bond to ensure these improvements are completed;
<br />(ii) that a PE/PLS certification be completed to verify that there is
<br />sufficient right of way to contain the road improvements; (iii) that Orleans
<br />agree to complete a consent agreement with the Board of Commissioners to pay
<br />a fee of $4,034 per lot to advance school adequacy; and (iv) that all
<br />necessary permits must be obtained in regard to water quality, wetland
<br />mitigation and well abandonment. The Staff Report also set out the specific
<br />
|