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AG 2006 07 10
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AG 2006 07 10
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Last modified
7/12/2006 12:43:45 PM
Creation date
11/27/2017 11:33:30 AM
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Template:
Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
7/10/2006
Board
Board of Commissioners
Meeting Type
Regular
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<br />include those for a prior year or years, but shall not exceed the cumulative <br />total for the year/years identifiedl; <br />Calendar year 2006, no more than 16 lots platted; <br />Calendar year 2007, no more than 17 lots platted. <br /> <br />1.2 Leqal 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 /> <br />1.3 Approved Use and Density. 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 2.41 <br />units per gross acre of the Property. No multi-family units are approved for <br />the Project. <br /> <br />1.4 Confiquration 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 Cabarrus County <br />Zoning Ordinance, as more fully set forth herein, and any applicable provisions <br />of the provisions of the City of Concord Unified Development Ordinance (UDO). <br />The Project Plan shall reflect the general location of roads and configuration <br />of lots for the Project as shown on the preliminary plat; subject to revision <br />in accordance with the provisions of The City of Concord Unified Development <br />Ordinance (UDO) <br /> <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 /> <br />A) Payment of a fee per single-family lot to advance school <br />adequacy (the "base Adequate Facilities Fee" or "AFF") which may be <br />adjusted annually in accordance with a policy and/or schedule adopted by <br />the Cabarrus County Board of Commissioners (the "Board"). The AFF <br />applicable to this project currently is $4,034.00 per lot and the total <br />AFF for all lots in this Project currently approved is $133,122.00 (the <br />"Total Project AFF"). <br /> <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. <br /> <br />2. Summary of Cabarrus County Determinations Relating to the <br />Project. <br /> <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 /> <br />2.1 County Determinations Relatinq to the Pro;ect. <br /> <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 />City of Concord Planning and Zoning Board taken on June 20th, 2006. <br /> <br />2.2 Recoqnized Riqhts In Base Adequate Facilitv Fee. <br /> <br />2.2.1 Recoqnized Riqhts. Subject to Section I.S.A, 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 /> <br />2.2.2 Reserved Leqislative Powers. <br /> <br />G--4- <br />
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