AG 2005 05 23 - Laserfiche WebLink

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F~~S 1.4 Conflquratlon of D~velooment. The configuration of the Project is recognized as shQwn on the approved preliminary plan, copies of which are available in the:Cabarrus County office of Planning Services. The Project Plan is subject to re~i8ion in accordance with the adequate -facilities fees provisions of th~ Cabarrus County Subdivision Regulations and Cabarrus County Zoning Ordinance,: as more fully set forth herein, and any applicable provisions of theprovision~ of the City of ConCord Unified Development Ordinance (UDO). The Project plan ishaII reflect the general location of roads and configuration of lots for the ~roject as shown on the preliminary plan; subject to revision in accordance with the provisions of The City of Concord ,Unified Develooment Ordinance fUDO) 1.5 Specific CO~dition8. The approval and development of thh Project is 8ubject to the fo; lo.....ingconditions as agreed upon by the Developer and CabarrU8 County Board of Commissioners: A) Payment of $4034.00 per single family lot, to advance school adequacy, which w~ll be adjusted annually for inflation in accordance with a policy establishe4 and adopted from time to time by the Cabarrus County Board of Commissioners. Total payment for the current approved, Project ia $1036738.00. B) payment is to be made at the issuance of Building Permitting, or may be paid in acCordance with a written payment plan specifically approved by CabarrusCounty, a copy'of which is attached hereto as Ixhibit Band incorporated herein by reference. 2. Summary of Cabarrus County Deter.minations Relating to the Project. The Board of Commissioners ofCabarrus County, acting in its legislative capacity, haa mad. the following determinations with respect to the project, including all findings of fact and law .a are necessary to make each of the following determinations: 2.1 County Dete~inations Relatinq to the Pro1ect. 2.1.1 Permit ADordvals. 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 March 15th, 2005. 2.2 Recoqnized R~qhts In Base AdeQUate Facility Fee. 2.2.1 Reco nized R hts. Subject to Section 1.5.A, the project shall have the right to have the ase 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 inco;porated in Section 1 under the applicable zoning, subdivision. devel9pment, growth management, platting, environmental,open Space, transportation and other land use plans, laws and regulations in existence and effective as of the date of final subdivision approval and the terms ~d conditions of this Consent Agreement. 2.2.2 Reserved Leq~slative Powers. 2.2.2.0.1 Futureichanges ot Laws and Plans; Compelling Counte~ailing Public Interest. Nothing in this Ag~eement ahall limit the future exercise of the pOlice power of the City of Conqord and the County in enacting zoning, subdivision, development, growtlf management, platting, environmental, open space, transportation and~ther land use plans, policies, ordinances and regulations, including without ~imitation, the enactment of impact fees and the application thereot, atter the ~ate of this Agreement. Any such proposed change affecting the recognized rights of the Project shall be of general application to all development activity in The City of Concord orCabarrus County; 2.3 Fees. 2.3.1 Development Review Fees. The Project has paid development review fees for the entire proj~ctupon submission of the application for Preliminary Plat approval. No further development review fees for' a Preliminary Plat approval shall be charged by!' Cabarrus County to the project.