BC 1999 01 19 - Laserfiche WebLink

Home Browse Search

133 00195645-9101 1,513,922.80 Salaries and Wages 1,300.00 1,515,222.80 Appeal of the Denial of the Stoneqate Subdivision, Dan Moser Company Mr. Brad Lagano, Senior Planner, presented Petition C98-05(S), an appeal of the Planning and Zoning Commission's denial of the request for preliminary plat approval for Stonegate Subdivision. The Planning and Zoning Commission voted on December 17, 1998 to deny the preliminary plat for the 105-lot subdivision in Township 11 because the proposed development "does not meet the adequate public facilities provisions of the Cabarrus County Subdivision Ordinance (Section 66- 81). Specifically, the Cabarrus County School District does not have adequate facilities at this time to serve the estimated number of students who would be generated by the proposed development." Mr. Lagano reviewed a number of exhibits from the County Schools regarding school capacity figures. He also pointed out that the cities of Concord, Kannapolis and Harrisburg have been approving subdivisions, thus adding additional students to the schools. In conclusion, Mr. Lagano stated the developer had offered to contribute $500.00 per lot of the subdivision to be used for school facilities. Mr. Clifton explained that Mr. Moser's offer to contribute $500.00 per lot for educational facilities was similar to an agreement previously approved by the Board for the Highland Creek Subdivision. The Highland Creek developer had deposited $400,000.00 in an escrow fund to be allocated towards purchasing a school site. There was brief discussion by the Board regarding the previously approved Highland Creek agreement and the issue of fairness related to the approval of Mr. Moser's offer. UPON MOTION of Chairman Barnhart, seconded by Commissioner Privette and unanimously carried, the Board approved the appeal by the Dan Moser Company for the Stonegate Subdivision preliminary plat [Petition C98-05(S)] contingent upon a formal agreement between Dan Moser Company and the County for a contribution of $500.00 per projected dwelling unit of the subdivision to be used toward school facility needs. Further, the Board authorized the County Manager and County Attorney to proceed with the formalization of the agreement between the County and Dan Moser Company. It was also agreed that the County would establish a school projects trust fund to track contributions and create assurances that the contributions are used to address school facilities adequacies. Appeal of the Denial of the Wallace Farm Subdivision, D. R. Bryan Company The Board received the appeal by Bryan Properties, Inc. of the Planning and Zoning Commission's denial of a preliminary plat for a subdivision [Petition C98-07(S)] to be developed on the Wallace Farm Property in the Odell Township. The proposed development, including approximately 198.58 acres in the Cabarrus County section, would consist of 218 single-family lots, 36 townhome units and 600 multi- family units. The Planning and Zoning Commission denied the preliminary plat for the subdivision on December 17, 1998 because the Cabarrus County School District does not have adequate facilities at this time to serve the students who would be generated by the proposed development. In a letter dated January 13, 1999, Mr. John T. Coley, IV, wrote that Bryan Properties, Inc. proposes "to pay a sum equal to $500/lot (single-family and townhome) to assist the County in the construction of new school facilities." UPON MOTION of Commissioner Privette, seconded by Commissioner Carpenter and unanimously carried, the Board approved the appeal by Bryan Properties, Inc. for the preliminary plat of the Wallace Farm Property subdivision [Petition C98-07(S)] contingent upon a formal agreement between Bryan Properties, Inc. and Cabarrus County for the company's payment of $500.00 per projected dwelling unit of the subdivision to be used toward school facility needs. Further, the Board authorized the County Manager and County Attorney to proceed with the formalization of the agreement between the County and Bryan Properties. It was also agreed that the County would establish a school projects trust fund to track contributions and create assurances that the contributions are used to address school facilities adequacies.