AG 2007 10 15 - Laserfiche WebLink

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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 an approval recommendation, with the conditions staff recommended, on the preliminary plat by action of the City of Concord Planning and Zoning Board taken on December 15, 2005. The preliminary plat and technical data sheet was then revised and granted approval by the City of Concord Planning and Zoning Board on October 17`^, 2006. 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 existence and effective as of the date of final subdivision and final site plan approval and the terms and conditions of this Consent Agreement. 2.2.2 Reserved Leqislati ve Powers. 2.2.2.0.1 Future Changes of Laws and Plans; Compelling Countervailing Public Interest. Nothing in this Agreement shall limit the future exercise of the police power of the City of Concord and the county in enacting zoning, subdivision, development, growth management, platting, environmental, open space, transportation and other land use plans, policies, ordinances and regulations, including without limitation, the enactment of impact fees and the application thereof, after the date of this Agreement. Any such proposed change affecting the recognized rights of the Project shall be of general application to all development activity in the City of Concord and Cabarrus County. 2.3 Fees. 2.3.1 Development Review Fees. The Project has paid development review fees for the entire Project upon submission of the application for preliminary plat approval and site plan approval. No further development review fees for preliminary plat approval and site plan approval shall be charged by Cabarrus County to the Project. 2.3.2 Cabarrus County Plan Engineering Review Fees. Notwithstanding the foregoing paragraph, Cabarrus County may charge such standard engineering and review fees for final subdivision plat approval and final site plan approval as are applicable at the time of application. 2.3.3 Other Fees. Cabarrus County and any other applicable jurisdiction may charge other review fees that are generally applicable, including but not limited to standard building permit review fees for improvements to be constructed on improved lots and sediment and erosion control plan review fees. 2.3.9 Credit for School Site Donation. The developer agrees to immediately convey to the County by special warranty deed a 22.163 acre tract of land within the Project to be used by the County for an elementary school. A description of this site is contained in the appraisal prepared for the County by Integra. The parties have agreed that the fair market value for this site is $99,000.00 per acre, which is a total purchase price of $2,083,040.00. The purchase price shall be 'paid" as a credit against the AFF, to be applied as lots are platted and AFF becomes due. This credit shall be applied against the initial lots platted but unpaid until the credit is exhausted, at which time the Developer shall commence paying the AFF directly to the County as provided in Section 1.5 (c), above. 3. Successors and Assigns. 3.1 Binding Effect. This Agreement shall be binding on the successors and assigns of the County and the Developer in the ownership or development of any portion of the Project. 3.2 Transfer of Project. Developer shall be entitled to transfer any portion of this Project subject to the terms of this Consent Agreement upon written G-q