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AG 2007 12 17
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AG 2007 12 17
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Last modified
2/1/2009 12:18:45 PM
Creation date
11/27/2017 11:32:15 AM
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Meeting Minutes
Doc Type
Minutes
Meeting Minutes - Date
12/17/2007
Board
Board of Commissioners
Meeting Type
Regular
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issuance of a certificate of occupancy for the apartment building) any sooner <br />than the rate, time frame or schedule set forth below in subparagraph A, the <br />total number of which may be accumulated (1. e., the total number of apartment <br />buildings available for occupancy in a subsequent year or years shall include <br />those for a prior year or years, but shall not exceed the cumulative total for <br />the year/years identified). <br />Calendar Year 2009, no more than 290 building permits issued; <br />Calendar Year 2010, no more than 290 building permits issued. <br />Notwithstanding anything contained herein to the contrary, the Developer may <br />construct apartment buildings within the Project at a slower pace than the <br />schedule set out above, and the Developer is not obligated to construct any of <br />the apartment buildings planned for the Project, <br />1.2 Legal Description of Property. The map description of the land <br />covered by the Project is attached hereto as Exhibit A and incorporated into <br />this Consent Agreement by this reference (the "Property"). No property may be <br />added to the map description for purposes of this Consent Agreement, except by <br />written amendment. <br />1.3 Approved Use and Density, This Consent Agreement shall recognize, with <br />respect to the Project, the total maximum number of multi-family residential <br />units, which is 580, consisting of an overall maximum density of 9.9 units for <br />the Property. No single family units are approved for this Project. <br />1.9 Configuration of Development <br />[Intentionally Deleted by the Parties] <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) The payment of $1,331 per multi-family apartment unit to the <br />County, to advance school adequacy (the "Adequate Facilities Fee" The total <br />maximum payment for all apartment units in the Project (in the event that all <br />of the planned apartment units are actually constructed) shall be $771,980,00 <br />(the "Total Project AFF"). <br />H) Except as otherwise authorized in a written payment plan <br />specifically approved by the Board, a copy of which shall be attached hereto as <br />Exhibit B and incorporated herein by reference, the Total Project AFF shall be <br />due and payable prior to the issuance of building permitting of the current <br />approved Proj ect, or any phase thereof, whichever shall first occur. The <br />developer has agreed to pay for all 280 units up front and in full, prior to <br />the issuance of any building permits in 2009. The developer has agreed to pay <br />for all 280 units up front and in full, prior to the issuance of any building <br />permits in 2010. (NO Exhibit B required by this agreement or attached.) <br />2. Summary of Cabarrua County Determinations Relating to the <br />Project. <br />The Board of Commissioners of Cabarrus County, acting in its legl sl ative <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 Rel atinq to the Project. <br />2.1.1 Permit Approvals. The Project has received an approval recommendation, <br />with the conditions staff recommended, on the Conditional Use Permit and the <br />Multi-family Conceptual Site Plan by action of the City of Kannapolis Planning <br />and Zoning Board ~ta ken on July 5, 2006. The Multi-family Conceptual Site Plan <br />was revised and approved on February 7, 2007 by the City of Kannapolis Planning <br />and Zoning Board.. <br />2.2 Recognized Rights In Adequate Facilities Fee. <br />2.2.1 Recognized Aights. The Adequate Facilities Fee assessed against the <br />Project shall be in the amount specified in Section 1.SA hereof, and the <br />Developer and its successors and assigns, shall have the right to develop and <br />construct the Project in accordance with the uses and density described in <br />Section 1.3 hereof.. <br />2.2.2 Reserved Legislative Powers. <br />~'J <br />
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