AG 2006 08 21 - Laserfiche WebLink

Home Browse Search

include those for a prior year or years, but shall not exceed the cumulative total for the year/years identified); Calendar year 2007, no more than 50 lots platted; Calendar year 2008, no more than 76 lots platted; Calendar year 2009, no more than 75 lots platted. 1.2 Leqal Description of Property. The map description of the land covered by the Project is attached hereto as Exhibit A and lncorporated into this Consent Agreement by this reference (the "Property"). No property may be added to the map dJscription 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, single-family residential lots, 90nsisting of an overall maximum density of 3.09 units for the Property. No multi-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 Cabarrus 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 City of Concord Unified Development Ordinance. 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 City of Concord Unified Development Ordinance. 1.5 Specific Conoitions. The approval and development of this Project is subject to the following conditions as agreed upon by the Developer and County: A) Payment of $4,034 per single family lot, to advance school adequacy (th!9 "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 Commissioners (the "Board"). The AFF total for all lots in this Project currently approved is $810,834.00 (the "Total proj ect AFF") . B) Except 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 upon Final Platting of the current approved Project, or any phase thereof, whithever shall first occur. 2. Summary of C~arrua County D.t.rminationa a.latinq to th. Project. The Board df Commissioners of Cabarrus County, acting in its legislative capacity, has made the following determinations with respect to the Project, including all findings of fact and law as are necessary to make each of the following determinations: 2.1 County Determinations Relatinq to the Prolect. 2.1.1 Permit Apprdvals. 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 15th, 2005. 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 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, transporta~ion and other land use plans, laws and regulations in existence and eff~ctive as of the date of final subdivision approval and the terms and conditiqns of this Consent Agreement. E-L\-