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MEMORANDUM To: Cabarrus County Board of Commissioners From: Jessica L. Gladwin/Planner Subject: Consent Agreement and School Capacity Information for The Mills at Rocky River Mixed Use Project Date: 8/11 /2009 The Mills at Rocky River project was approved by the Concord Planning and Zoning Board on December 15, 2005. The project was revised on October 17, 2006. The project consists of 853 single family lots and 347 multi-family units on +/- 531 acres located on Rocky River Road. The specifics of the agreement are as follows: ^ Developer- Rocky River Project, LLC, 301 South College Street, 16`h Floor, MC 0166, Charlotte, NC 28202. ^ Payment of $4,034 per single-family lot will be due prior to final platting and payment of $1,331 per multi-family unit will be due prior to building permitting. ^ One-time, lump sum payment of $68,578 for 17 single-family lots approved by the City of Concord and recorded on August 23, 2007. ^ Based on discussion and in response to the request made by the Board of Commissioners at the August 3, 2009 work session, the developer is proposing the following revised build out schedule: No more than 30 single-family lots platted in 2009, no more than 105 single-family lots platted in 2010, no more than 100 single-family lots platted in 2011, no more than 100 single-family lots platted in 2012, no more than 150 single-family lots platted in 2013, no more than 150 single-family lots platted in 2014, no more than 157 single-family lots and 36 multi-family building permits issued in 2015, no more than 120 multi-family building permits issued in 2016, no more than 120 multi-family building permits issued in 2017 and no more than 71 multi-family building permits issued in 2018. ^ The developer is requesting that the voluntary mitigation payment be moved to building permitting instead of prior to final platting. (See Attached Letter) Previously approved build out schedules, as well as the proposed build out schedule for the project, are shown in the table below for your reference. Build Out Schedules for The Mills at Rock River Year June 18, 2007 A reement October 15, 2007 A reement August 17, 2009 Pro osed Schedule August 17, 2009 Amended Schedule # of Units # of Units # of Units Single-Family Units Multi-Family Units 2007 61 163 + 61 (in first a reement 61 61 X 2008 X 200 0 0 X 2009 X 150 0 30 X 2010 X 150 100 105 X 2011 X 200 100 100 X 2012 X 100 150 100 X 2013 X 176 150 150 X 2014 X X 213 150 X 2015 X X 213 157 36 2016 X X 213 X 120 2017 X X X X 120 2018 X X X X 71 Total 61 1200 1200 853 34~ snt number 1 of 362