AG 2008 09 22 - Laserfiche WebLink

Home Browse Search

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 11 apartment unit permits issued; Calendar year 2009, no more than 107 apartment unit permits 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 Consent Agreement by this reference (the "Property"). No property may be added to the map description for purposes of this Consent Agreement, except by written amendment. Except as expressly set forth in this Agreement with respect to off- property road improvements, this Consent Agreement shall not affect any land other than the Property. 1.3 Approved Use and Density. This Consent Agreement shall recognize, with respect to the Project, the total number of apartment units, consisting of an overall maximum density not to exceed 3.80 units per gross acre of the Property. 1.9 Configuration of Development. The configuration of the Project is recognized as shown generally on the preliminary plan, copies of which are available in the Cabarrus County office of Planning Services. The Project is subject to revision in accordance with the adequate facilities fees provisions of the Cabarrus County Subdivision Regulations and the Cabarrus County Zoning Ordinance, as more fully set forth herein, and any applicable provisions of the provisions of the Cabarrus County Zoning Ordinance. The Project Plan shall reflect the general location of roads and configuration of lots for the Project as shown on the preliminary plat; subject to revision in accordance with the provisions of the Cabarrus County Zoning Ordinance. 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 single-family lot 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 Board of Commissioners (the "Board"). The AFF applicable to this project currently is $1,331.00 per unit and the total AFF for all lots in this Project as currently approved is $157,058.00 (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 upon Final Platting of the current approved Project, or any phase thereof, which shall first occur. (No Exhibit B required by this agreement or attached.) 2. Summary of Cabarrus County Determinations Relating to the Project. The Board 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 has received technical site plan approval by the City of Concord Development Services Department on December 6, 2006. 2.2 Recognized Rights In Base Adequate Facility Fee. 2.2.1 Recognized Rights. Subject to Section 1.SA, 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 existence and effective as of the date of final subdivision approval and the terms and conditions of this Consent Agreement. 2.2.2 Reserved Legislative Powers. Item# 26 Attachment number 2 Page 146 of 199