AG 2006 12 18 - Laserfiche WebLink

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include those for a prlor year or years, but shall not exceed the cumulatlve total for the year/years identified); Calendar year 2007, no more than 28 lots platted; Calendar year 2008, no more than 30 lots platted; Calendar year 2009, no more than 12 lots platted. 1.2 Legal Description of Property. The map description of the land covered by the Project lS attached hereto as Exhibit A and incorporated lnto this Consent Agreement by this reference (the "Property"). No property may be added to the map descriptlon 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 recognlze, wlth respect to the ProJect, the total number of subdivided, single family residential lots, consisting of an overall maximum denslty not to exceed 1.55 unics per gross acre of the Property. No multi-family units are approved for the Project. 1.4 Conflguratlon of Development. The configuration of the ProJect is recognized, as shown on the approved prelimlnary plan, coples of which are avallable in the Cabarrus County office of Planning Services. The Project Plan lS subJect to revision in accordance with the adequate faclllties fees provisions of the Cabarrus County Subdivision Regulatlons and Cabarrus County Zoning Ordinance, as more fully set forth herein, and any appllcable provisions of the provisions of the City of Kannapolis Onified Development Ordinance (ODO). The Project Plan shall reflect the general location of roads and configuratlon of lots for the Project as shown on the prellminary plat; subject to revision in accordance with the provlsions of The City of Kannapolls Unlfied Development Ordinance (UDO) 1.5 Specific Conditlons. The approval and development of thls ProJect lS subJect to the following conditions as agreed upon by the Developer and County: A) Payment of a fee per single-family lot to advance school adequacy (the "base Adequate Facilities Fee" or "AFF") whlch may be adjusted annually in accordance with a policy and/or schedule adopted by the Cabarrus County Board of Commissioners (the "Board"). The AFF applicable to this proJect currently lS $4,034.00 per lot and the total AFF for all lots in this Project currently approved is $282,380.00 the "Total Project 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 Plattlng of the current approved Project, or any phase thereof, whichever shall first Occur. 2. Summary of Cabarrus County Determinations Relating to the Project. The Board of 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 Determlnations Relating to the Project. 2.1.1 Permit Approvals. The Project has recelved an approval recommendation, with the conditions proposed by staff, on the preliminary plat by action of the City of Kannapolis Planning and Zoning Board taken on August 11th, 2006. 2.2 Recognized Rights In Base Adeguate Facility Fee. 2.2.1 Recognlzed Rights. SubJect to Section 1.S.A, the Project shall have the rlght to have the base Adequate Facilitles Fee assessed in accordance with the subdivision plats approved and to develop and construct the Project In accordance wlth the uses, density and general configuration of development described and incorporated in Section 1 under the applicable zonlng, subdivision, development, growth management, platting, environmental, open space, transportation and other land use plans, laws and regulations in existence and effective as of the date of flnal subdivision approval and the terms and conditions of this Consent Agreement. G. ... . -::;.-! - ..'