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AG 2005 02 21
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AG 2005 02 21
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Last modified
3/3/2006 8:34:38 AM
Creation date
11/27/2017 11:34:49 AM
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Template:
Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
2/21/2005
Board
Board of Commissioners
Meeting Type
Regular
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<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 ~d 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 3.08 <br />units per gross acre of the Property. No multi-family units are approved for <br />the Project. <br /> <br />1.4 Configuration of Development. The configuration of the Project is <br />recognized, as shown generally on a Project plan, copies of which are attached <br />hereto as Bxhi~it A ~d incorporated herein by this reference (the "Project <br />Plan"). The Project' Plan is subject to revision in accordance wit~ the <br />adequate facilities fees provisions of the Cabarrus County Subdivision <br />Regulations andCaba~rus County Zoning Ordinance. The Project Pl~shall <br />reflect the general location of roads and configuration of lots for the Project <br />as shown on Bxhibit A; subject to revision in accordance with the provisions of <br />the Cabarrus County Zoning Ordinance. <br /> <br />1. 5 Specific Condi~ions. The approval and development of this Project is <br />subject to the following conditions as agreed upon by the Developer and <br />Cabarrus County Boar~ Of Commission~rs, <br /> <br />A) Payment of $4,034.00 per single family iot,.. to advance school <br />adequacy, which will be adjusted annually for inflation in accordance with a <br />policy established and adopted from time to time by the Cabarrus County Board <br />of Commissioners. .Total payment for the current approved Project is $169,428. <br /> <br />B) Payment is to be made at the issuance of Building Permitting, or <br />may be paid in accor4ance with a written payment plan specifically approved by <br />Cabarrus County, a copy of which is attached hereto as Bxhibit C and <br />incorporated herein by reference. <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 Relating to the Project. <br /> <br />2.1.1 Permit Approval. . .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 Commission taken on January 20, 2005. <br /> <br />2.2 Recognized Rights In Base Adequate Facility Fee. <br /> <br />2.2.1 Recognized Righ~s.Subject to Section 1.5.A, the Project shall have the <br />right to have the base Adequate Facilities Fee assessed in accordance with the <br />subdivision platsapp~oved and ,to develop and construct the Project in <br />accordance with the u,es, density and general configuration of development <br />described and incorporated in Section 1 under the applicable zoning, . <br />subdivision, develop~nt, 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 Legislative Powers. <br /> <br />2.2.2.0.1 <br /> <br />Future Changes of Laws and Plans; Compelling <br />Countervailing Public Interest. <br /> <br />Nothing in this Agreement shall limit the future exercise of the police power <br />of the County in enacl!ing zoning, subdivision, development,. growth management, <br />platting, environment.l, open space, transportation and.other land use plans, <br />'policies, ordinances and regulations, including without limitation, the <br />enactment of impact f..es and the application thereof, after the date of this <br />.Agreement. Any such p~oposed Change affecting the recognized rights of the <br />Project shall be of general application to all development activity in Cabarrus <br />County. . <br /> <br />2.3 Fees. <br /> <br />F,4 <br />
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