AG 2005 07 14 - Laserfiche WebLink

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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 theCabarrus County office of Planning Services. The Project Plan is subject to revision in accordance with the adequate 'facilities fees provisions of the Cabarrus County Subdivision Regulations and Cabarrus CoUnty Zoning ordinance, as more fully Bet forth herein, and any applicable provisions of the provisions of the City of Concord Unified Development Ordinance (uno) . The project Plan shall reflect the general location of roads and configuration of lots forths Project as shown on the preliminary plan; subject to revision in accordance with the provisions of The City of Concord Unified Develooment Ordinance (UDO) 1.5 Specific conditions. The approval and development of this Project is subject to the following conditione as agreed upon by the Developer and Cabarrus county Board of Commissioners: A) Payment of $4034;00 per single family lot, to advance school adequacy, which will be adjusted annually for inflation in accordance with a policy established and adopted from time to time by the Cabarrus County Board of Commissioners. Total payment for the,current approved project is $1036738.00. B) Payment is to be made at the issuance of Building permittlng, or may be paid in accordance with a written payment plan specifically approved by CabarrusCounty, a copy-of which is attached hereto as Ixh!bit Band incorporated herein by reference. 2. Summary of Cabarrus County Deter.minations Relating to the project. The Board of commissioners of Cabar~s county, acting in its legislative capacity, hae 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 Pro1ect. 2.1.1 Permit Approvals. 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 Riqhts In Base Adeauate Facility Fee. 2.2.1 Recoqnized Riqhts. Subject to Section 1.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, transportation and other landuBe plans, laws and regulations ,in existence and effective as of the date of final subdivision approval and the terms and conditions of this Consent Agreement. 2.2.2 Reserved Leqislative Powers. 2.2.2.0.1 Future Changes of Laws and planst Compelling countervailing Public Interest. Nothing in this Agreement shall limit the future exercise of the police power of the City of Concord and the County in enacting zoning, subdivieion, development, growth management, platting, environmental, open space, transportation and other land use plans, policies, ordinances and reg~lations. including without limitation, the enactment of impact fee a and the application thereof, after the date 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 orCabarruB County. 2.3 !!!!!. 2.3.1 Development Review Fees. The project has paid development review fees for the entire project upon 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. b.. -"