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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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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 19 lots platted; <br />Calendar year 2009, no more than 17 lots platted; <br />Calendar year 2010, no more than 18 lots platted. <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. Except as expressly set forth in this Agreement with <br />respect to off-property road improvements, this Consent Agreement shall not <br />affect any land other than the Property. <br />1.3 Approved Use and Densitv• This Consent Agreement shall recognize, with <br />respect to the Project, the total number of subdivided, single-family <br />residential lots, consisting of an overall maximum density not to exceed 1.36 <br />units per gross acre of the Property. No multi-family unitsare approved for <br />the Project. <br />1.9 Confiqurati on of Development. The configuration of the Project is <br />recognized, as shown on the approved preliminary plan, copies of which are <br />available in the Cabarrus County office of Planning Services. The Project Plan <br />is subject to revision in accordance with the adequate facilities fees <br />provisions of the Cabarrus County Subdivision Regulations and the Cabarrus <br />County Zoning Ordinance, as more fully set forth herein, and any applicable <br />provisions of the provisions of the Cabarrus County Zoning Ordinance. The <br />Project Plan shall reflect the general location of roads and configuration of <br />lots for the Project as shown on the preliminary plat; subject to revision in <br />accordance with the provisions of Cabarrus Countv 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 <br />(the "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 <br />is $4,039.00 per lot and the total AFF for all lots in this Project as <br />currently approved is 5197,666.00 (the "Total Project AFF"). <br />B) 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 upon Final Platting of the current approved Project, or any <br />phase thereof, whichever shall first occur. (NO Exhibit B required by this <br />agreement or attached.) <br />2. Summary of Cabarrus County Determinations Ralatinq 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 aze necessary to make each of the <br />following determinations; <br />2.1 Countv Det ezminati ons Relating to the Pro iect. <br />2.1.1 Permit Approvals. The Project has received an approval recommendation, <br />with the conditions staff recommended, on the preliminary plat by action of the <br />Cabarrus County Planning and Zoning Hoard taken on July 19,2007. <br />2.2 Recognized Rights In Base Adequate Facility Fee. <br />2.2.1 Recognized Ri ghts, Subject to Section 1, 5,A, the Project shall have the <br />right to have thebase 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 />~~ W <br />
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