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AG 2008 09 22
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AG 2008 09 22
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Last modified
1/28/2010 3:26:01 PM
Creation date
11/27/2017 11:28:59 AM
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Meeting Minutes
Doc Type
Minutes
Meeting Minutes - Date
1/28/2010
Board
Board of Commissioners
Meeting Type
Regular
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years shall include those for a prior year or years, but shall not exceed the <br />cumulative total for the year/years identified; <br />Calendar year 2008, no more than 11 apartment unit permits issued; <br />Calendar year 2009, no more than 107 apartment unit permits issued. <br />1.2 Legal Description of Property. The map description of the land covered by <br />the Project is attached hereto as Exhibit A and incorporated into this Consent <br />Agreement by this reference (the "Property"). No property may be added to the <br />map description for purposes of this Consent Agreement, except by written <br />amendment. Except as expressly set forth in this Agreement with respect to off- <br />property road improvements, this Consent Agreement shall not affect any land <br />other than the Property. <br />1.3 Approved Use and Density. This Consent Agreement shall recognize, with <br />respect to the Project, the total number of apartment units, consisting of an <br />overall maximum density not to exceed 3.80 units per gross acre of the <br />Property. <br />1.9 Configuration of Development. The configuration of the Project is <br />recognized as shown generally on the preliminary plan, copies of which are <br />available in the Cabarrus County office of Planning Services. The Project is <br />subject to revision in accordance with the adequate facilities fees provisions <br />of the Cabarrus County Subdivision Regulations and the Cabarrus County Zoning <br />Ordinance, as more fully set forth herein, and any applicable provisions of the <br />provisions of the Cabarrus County Zoning Ordinance. The Project Plan shall <br />reflect the general location of roads and configuration of lots for the Project <br />as shown on the preliminary plat; subject to revision in accordance with the <br />provisions of the Cabarrus County Zoning Ordinance. <br />1.5 Specific Conditions. The approval and development of this Project is <br />subject to the following conditions as agreed upon by the Developer and County: <br />A) Payment of a fee per single-family lot to advance school adequacy (the <br />"base Adequate Facilities Fee" or "AFF") which may be adjusted annually in <br />accordance with a policy and/or schedule adopted by the Cabarrus County Board <br />of Commissioners (the "Board"). The AFF applicable to this project currently is <br />$1,331.00 per unit and the total AFF for all lots in this Project as currently <br />approved is $157,058.00 (the "Total Project AFF"). <br />B) Except as otherwise authorized in a written payment plan specifically <br />approved by the Board, a copy of which shall be attached hereto as Exhibit 8 <br />and incorporated herein by reference, the Total Project AFF shall be due and <br />payable upon Final Platting of the current approved Project, or any phase <br />thereof, which shall first occur. (No Exhibit B required by this agreement or <br />attached.) <br />2. Summary of Cabarrus County Determinations Relating to the <br />Project. <br />The Board of Commissioners of Cabarrus County, acting in its legislative <br />capacity, has made the following determinations with respect to the Project, <br />including all findings of fact and law as are necessary to make each of the <br />following determinations: <br />2.1 County Determinations Relating to the Project. <br />2.1.1 Permit Approvals. The Project has received technical site plan approval <br />by the City of Concord Development Services Department on December 6, <br />2006. <br />2.2 Recognized Rights In Base Adequate Facility Fee. <br />2.2.1 Recognized Rights. Subject to Section 1.SA, the Project shall have the <br />right to have the base Adequate Facilities Fee assessed in accordance with the <br />subdivision plats approved and to develop and construct the Project in <br />accordance with the uses, density and general configuration of development <br />described and incorporated in section 1 under the applicable zoning, <br />subdivision, development, growth management, platting, environmental, open <br />space, transportation, and other land use plans, laws and regulations in <br />existence and effective as of the date of final subdivision approval and the <br />terms and conditions of this Consent Agreement. <br />2.2.2 Reserved Legislative Powers. <br />Item# 26 <br />Attachment number 2 <br />Page 146 of 199 <br />
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