AG 2008 07 21 - Laserfiche WebLink

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rate, time frame, or schedule set forth hereinafter, the total number of which may be accumulated (i.e. the total number of homes available for occupancy in a subsequent year oz years shall include those for a prior year or years, but shall not exceed the cumulative total for the year/years identified); Calendar year 2008, no more than 19 multi-family apartment unit building permits issued. Calendar year 2008, no more than 8 certificates of occupancy may be issued; Calendar year 2009, no more than 6 certificates of occupancy may be issued. 1.2 Legal Description of Property. The map description of the land covered by the Project is attached hereto as Exhibit A and incorporated into this Adequate Public Facilities Mitigation Agreement by this reference (the "Property"). No property may be added to the map description for purposes of this Adequate Public Facilities Mitigation Agreement, except by written amendment, Except as expressly set forth in this Agreement with respect to off-property road improvements, this Adequate Public Facilities Mitigation Agreement shall not affect any land other than the Property. 1.3 Approved Use and Density. This Adequate Public Facilities Mitigation Agreement shall recognize, with respect to the Project, the total number of multi-family apartment units, consisting of an overall maximum density not to exceed 2.97 units per gross acre of the Property. 1.9 Configuration of Development. The configuration of the Project is recognized, as shown on the approved site plan, copies o£ which are available in the City of Kannapolis office of Development Services. The Project Plan is subject to revision in accordance with the adequate facilities fees provisions of the Cabarrus County Subdivision Regulations and Cabarrus County Zoning Ordinance, as more fully set forth herein, and any applicable provisions of the provisions of the City of Kannapolis Unified Development Ordinance (UDO). The Project Plan shall reflect the general location of roads and configuration of lots for the Project as shown on the site plan; subject to revision in accordance with the provisions of The City of Kannapolis Unified Development Ordinance (UDO) 1.5 Specific Conditions. The approval and development of this Project is subject to the following conditions as agreed upon by the Developer and County: A) Payment of a fee per multi-family apartment unit to advance school adequacy (the "base Adequate Facilities Fee" or "AFF") which may be adjusted annually in accordance with a policy and/or schedule adopted by the Cabarrus County Hoard of Commissioners (the "Board"). The AFF applicable to this project currently is $9,153.00 per multi-family unit and the total AFF for all units in this Project currently approved is $58,192.00 (the "Total Project AFF"). B) Except as otherwise authorized in a written payment plan specifically approved by the Board, a copy of which shall be attached hereto as Exhibit 8 and incorporated herein by reference, the Total Project AFF shall be due and payable prior to the issuance of building permitting of the current approved Project, or any phase thereof, whichever shall first occur. (No Exhibit B required by this agreement or attached.) 2. Summary of Cabarrus County Determinations Relating to the Project. The Hoard of Commissioners of Cabarrus County, acting in its legislative capacity, has made the following determinations with respect to the Project, including all findings of fact and law as are necessary to make each of the following determinations: 2.1 County Determinations Relating to the Project. 2.1.1 Permit Approvals. The Project was administratively approved by the City of Kannapolis Planning Staff on June 26, 2008. 2.2 Recognized Rights In Base Adequate Facility Fee. 2.2.1 Recognized Rights. Subject to Section 1.S,A, the Project shall have the right to have the base Adequate Facilities Fee assessed in accordance with the subdivision plats approved and to develop and construct the Project in accordance with the uses, density and general configuration of development described and incorporated in Section 1 under the applicable zoning, subdivision, development, growth management, platting, environmental, open space, transportation and other land use plans, laws and regulations in r- - ~..