AG 2005 12 19 - Laserfiche WebLink

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for the project (hereafter, the "project Plan") shall reflect the general location of roads and configuration of lots for the project as shown on the Preliminary Plani subject to revision in accordance with the provisions of The City of Concord Unified Development Ordinance (unO) --- 1.S Specific Conditions. The approval and development of this Project is subject to the following conditions as agreed upon by the Land Owner and Cabarrus County Board of Commissioners: A) Payment of $1008 per single family lot and per multi-family unit, to advance school adequacy. As such payments are received by the County they shall be forthwith paid by the County to such non-governmental authority, if any, as shall have contributed to the funding of the cost of construction of the portion of Christenbury Parkway adjoining the Property; provided, however, the County shall not be obligated to pay more than the lesser of the amount so contributed or $400,000.00. B) Payment is to be made as provided in Section 1.1. 2. Summary of Cabarrus County Deter.minations 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 Determinations Relating to the Proiect. 2.1.1 Permit APprovals. The project has received an approval recommendation, with the conditions staff recommended, on the preliminary Plan by action of the City of Concord Planning and Zoning Board taken on February 15th, 2005. 2.2 Recognized Rights In Base Adequate Facility Fee. 2.2.1 Recognized Rights. 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 land use 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 Legislative Powers. 2.2.2.0.1 Future Changes of Laws and Plans; 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, subdivision, development, growth management, platting, environmental, open space, transportation and other land use plans, policies, ordinances and regulations, including without limitation, the enactment of impact fees 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 or Cabarrus County. 2.3 Fees. 2.3.1 Development Review Fees. The Project has paid development review fees for the entire Project upon submission of the application _for Preliminary plan approval. No further development review fees for a preliminary Plan approval shall be charged by Cabarrus County to the Project. 2.3.2 Cabarrus County plan Enqineerinq Review Fees. Notwithstanding the foregoing paragraph, Cabarrus County may charge such standard engineering and review fees for final subdi~ision plat approval as are applicable at the time of application. 2.3.3 Other Fees. Cabarrus county and any other applicable jurisdiction may charge other review fees that are generally applicable, including but not limited to standard building permit review fees for improvements to be constructed on improved lots and sediment and erosion control plan review fees. ~h