BC 2009 01 05 Work Session - Laserfiche WebLink

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January 5, 2009 (Work Session) Page 1116 The Board of Commissioners for the County of Cabarrus met for an Agenda Work Session at the Cabarrus Arena and Events Center in Concord, North Carolina on Monday, January 5, 2009, at 3:30 p.m. Present - Chairman: H. Jay White, Sr. Vice Chairman: Grace M. Mynatt Commissioners: Elizabeth Poole Coy C. Privette Absent - Commissioner: Robert W. Carruth Also present were John Day, County Manager; Richard M. Koch, County Attorney; Mike Downs, Deputy County Manager; Pam Dubois, Deputy County Manager; Kay Honeycutt, Clerk to the Board and Lyndsay Hayes, Deputy Clerk to the Board. Commissioner Carruth was out of town and unable to attend this meeting. Call to Order Chairman White called the meeting to order at 3:39 p.m. Commerce Department - Consent Agreement for the Edison Square Condominium Project Chairman White reminded the Board that a Consent Agreement for the Edison Square Condominium Project was presented to the Board at its December regular meeting for consideration but no action was taken. John Day, County Manager, recommended the County Attorney give the Board some guidance as to how to proceed with this item. Richard Koch, County Attorney, reported the following: typically on Consent Agreements, the Board will ask staff to renegotiate the build-out schedule with the developer to decrease student enrollment at local schools; i£ the developers come back with a compromised build-out schedule, the Board typically approves the Consent Agreement; in this case, the developer, Shea Homes, LLC has extended the build-out schedule an additional year; the project received site plan approval from the City of Concord Planning and Zoning Board in June of 2006, yet the County did not receive the plans until much later; the delay was no fault of the developer; etc. Jonathan Marshall, Commerce Director, announced a representative from Shea Homes is present and available for questions. In response to questions posed by Vice Chairman Mynatt, Mr. Marshall explained that Edison Square is a mixed-use development and contains a commercial aspect, which may have caused the delay between the City of Concord and the County. He also reported the school capacity percentages presented to the Board include all previously approved projects being built on schedule. UPON MOTION of Vice Chairman Mynatt, seconded by Commissioner Poole and unanimously carried, the Board voted to place the Consent Agreement for the Edison Square Condominium Project on the January 20, 2009 Agenda as an Old Business item. Plan Susie Morris, Planning and Zoning Manager, presented the following information related to the rezoning Case C2008-9-R Central Area Plan Implementation: the proposed plan did not receive an expedited vote from the Cabarrus Planning and Zoning Commission in November; a de novo hearing is to be held before the Board of Commissioners at their January meeting. She then reviewed the following report: PLANNING STAFF REPORT CABARRUS COUNTY BOARD OF COMMISSIONERS January 20, 2009 Petition: C2008-09 (R) Zoning Atlas Amendment-Central Area Land Use Plan Implementation Rezonings Applicant: Administrative Rezoning Property Owner: Multiple Property Owners Existing Zoning: LDR, CR, MDR, HDR, GI, LC, OI