BC 1999 11 15 - Laserfiche WebLink

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348 property as it is currently zoned. However, the issue of adequate public facilities would have to be addressed at the time a development plan is submitted to the Planning and Zoning Commission for approval. Also, if the rezoning is approved for Mr. Faggart's property, the Planning and Zoning Commission would also consider the school adequacy issue at such time a development plan is submitted for approval. There was no one else present to address the Board, and Chairman Barnhart closed the public hearing at 8:45 p.m. There was discussion by the Board regarding a number of issues, including the need for affordable housing in Cabarrus County, the planned access to the property from Country Home Road and concerns regarding the road situation in the area. Commissioner Privette proposed that the Board delay action on the Petition to give members an opportunity to visit the site and take into consideration the comments received during the public hearing. Since the Petition was a special use rezoning, Mr. Hartsell advised that the Board should either take action on the Petition or remand it back to the Planning and Zoning Commission. The motion by Commissioner Casper to deny Petition C99-08(R) died for lack of a second. UPON MOTION of Commissioner Fennel, seconded by Commissioner Carpenter with Commissioners Fennel, Carpenter, Casper and Privette voting for and Chairman Barnhart voting against, the Board remanded Petition C99-08(R) back to the Planning and Zoning Commission to address the changes that have occurred since the Planning and Zoning Commission's meeting. Recess of Meetinq Chairman Barnhart recessed the meeting at 8:50 p.m. meeting at 9:05 p.m. He reconvened the Appeal of the Planninq and Zoninq Commission's Denial of Petition C99-08(S) - Request for Preliminary Plat Approval of Rocky Meadows Subdivision Mr. Brad Lagano, Senior Planner, presented Petition C99-08(S), a request for preliminary plat approval of the Rocky Meadows development in Township 1. The item was before the Board on appeal from the Planning and Zoning Commission that voted 8-0 on October 21, 1999 to deny the preliminary plat for the following reason: The proposed development does not meet the adequate public facilities provision 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 the plans by the developer, Mr. Randy Humphrey, to build a 142-unit single family residential subdivision just off Rocky River Road on property currently under contract for purchase. Rocky River Road cuts the total of 95 acres into two separate tracts with 72 acres on the southern side of the road and 23 acres on the northern side of the road. Further, Mr. Lagano outlined Mr. Humphrey's written proposal dated November 15, 1999 to provide $500.00 per dwelling unit toward school adequacy needs. Also, Mr. Humphrey proposed to sell for $70,000.00 approximately three acres of the 23- acre tract to the Water and Sewer Authority of Cabarrus County (WSACC) for a pump booster station and to donate the remaining 20 acres valued at approximately $200,000.00 to WSACC. In consideration for the donation, Mr. Humphrey was requesting the County to transfer the development rights for the 23-acre tract to the 72-acre tract. This would allow the construction of 19 additional units or a total of 142 units on the 72-acre tract. Mr. Hartsell advised there is a pending condemnation action against the present owner for the 13 acres of property sought by WSACC for a booster pump station. He reported a deposit of approximately $130,000.00+ had been made for that property. There was discussion regarding the proposal, including concerns regarding the transfer of development rights for the three acres t© be sold to WSACC, the donation of land, the transfer of development rights and the disposition of the $130,000.00+ deposit.