AG 2006 06 19 - Laserfiche WebLink

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include those for ~ prior year or years, but shall noc exceed the cumulative total for the year/years identified); Calendar year 2006, no more than 36 lots platted; Calendar year 2007, no more than 36 lots plattedi Calendar year 2008, no more than 37 lots platted. 1.2 Leqal Descri~tion of Property. The map description of the land covered by the Project is attached hereto as Exhibit A and incorporated into this Consent Agreerjlent by this reference (the "Property"). No property may be added to the map d.scription 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 subdivided, townhome residential lots, consisting at an overall maximum density not to exceed 5.2 units per gross acre of the Property. No single-family units are approved for the Project. 1.4 Confiquration of Development. The configuration of the Project is recognized, as shown on the approved preliminary plan, copies of which are available in the C$barrus County office of Planning Services. The Project Plan is subject to revi$ion in accordance with the adequate facilities fees provisions of the ~abarrus County Subdivision Regulations and the Cabarrus County Zoning Ordinance, as more fully set forth herein, and any applicable provisions of the provisions of the Town of Harrisburg Onified Development Ordinance (000). 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 Town of Harrisburq Unified Development Ordinance (UDO) 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 multi-family lot to advance school adequacy (the "base Adequate Facilities Fee" or "AFF") which may be adjusted ann~ally in accordance with a policy and/or schedule adopted by the Cabarrus County Board of Conunissioners (the "Board"). The AFF applicable tb this project currently is $1,331.00 per lot and the total AFF for all lots in this Project currently approved is $145,079.00 (the "Total Project AFF") . B) E~cept as otherwise authorized in a written payment plan specifically approved by the Board, a copy of which shall be attached hereto as Exhibit B and incorporated herein by reference, the Total Project AFF shall be due and payable uppn Final Platting of the current approved Project, or any phase thereof, whiphever shall first occur. I 2, Summary of C4barrus County Oeter.minations Relating to the Projeot. The Board of Commissioners of Cabarrus County, acting in its legislative capacity, has made! the following determinations with respect to the Project, including all find~ngs of fact and law as are necessary to make each of the following determinations: 2.1 County Deterrinations Relatinq to the Proiect, 2.1,1 Permit Appro~als. The Project has received an approval recommendation, with the condition~ staff recommended, on the preliminary plat by action of the Town of Harrisburg! Planning and Zoning Board taken on March 20th, 2006. 2.2 Recoqnized Riqhts In Base Adequate Facility Fee. 2.2.1 Recoqnized Riqhts. Subject to Section l.S.A, the Project shall have the right to have the base Adequate Facilities Fee assessed in accordance with the subdivision plats ~pproved and to develop and construct the Project in accordance with th~ uses, density and general configuration of development described and inCOrPorated in Section 1 under the applicable zoning, subdivision, develppment, growth management, platting, environmental, open space, transportat~on and other land use plans, laws and regulations in existence and effe~tive as of the date of final subdivision approval and the terms and conditio~s of this Consent Agreement. G.-CJ