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AG 2005 12 19
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AG 2005 12 19
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Last modified
3/3/2006 8:34:20 AM
Creation date
11/27/2017 11:36:48 AM
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Template:
Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
12/19/2005
Board
Board of Commissioners
Meeting Type
Regular
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<br />for the project (hereafter, the "project Plan") shall reflect the general <br />location of roads and configuration of lots for the project as shown on the <br />Preliminary Plani subject to revision in accordance with the provisions of The <br />City of Concord Unified Development Ordinance (unO) --- <br /> <br />1.S Specific Conditions. The approval and development of this Project is <br />subject to the following conditions as agreed upon by the Land Owner and <br />Cabarrus County Board of Commissioners: <br /> <br />A) Payment of $1008 per single family lot and per multi-family <br />unit, to advance school adequacy. As such payments are received by the County <br />they shall be forthwith paid by the County to such non-governmental authority, <br />if any, as shall have contributed to the funding of the cost of construction of <br />the portion of Christenbury Parkway adjoining the Property; provided, however, <br />the County shall not be obligated to pay more than the lesser of the amount so <br />contributed or $400,000.00. <br /> <br />B) Payment is to be made as provided in Section 1.1. <br /> <br />2. Summary of Cabarrus County Deter.minations 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 Proiect. <br /> <br />2.1.1 Permit APprovals. The project has received an approval recommendation, <br />with the conditions staff recommended, on the preliminary Plan by action of the <br />City of Concord Planning and Zoning Board taken on February 15th, 2005. <br /> <br />2.2 Recognized Rights In Base Adequate Facility Fee. <br /> <br />2.2.1 Recognized Rights. Subject to Section 1.S.A, the Project shall have the <br />right to have the base Adequate Facilities Fee assessed in accordance with the <br />subdivision plats approved and to develop and construct the Project in <br />accordance with the uses, density and general configuration of development <br />described and incorporated in Section 1 under the applicable zoning, <br />subdivision, development, 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 City of Concord and the County in enacting zoning, subdivision, <br />development, growth management, platting, environmental, open space, <br />transportation and other land use plans, policies, ordinances and regulations, <br />including without limitation, the enactment of impact fees and the application <br />thereof, after the date of this Agreement. Any such proposed change affecting <br />the recognized rights of the Project shall be of general application to all <br />development activity in The City of Concord or Cabarrus County. <br /> <br />2.3 Fees. <br /> <br />2.3.1 Development Review Fees. The Project has paid development review fees <br />for the entire Project upon submission of the application _for Preliminary plan <br />approval. No further development review fees for a preliminary Plan approval <br />shall be charged by Cabarrus County to the Project. <br /> <br />2.3.2 Cabarrus County plan Enqineerinq Review Fees. Notwithstanding the <br />foregoing paragraph, Cabarrus County may charge such standard engineering and <br />review fees for final subdi~ision plat approval as are applicable at the time <br />of application. <br /> <br />2.3.3 Other Fees. Cabarrus county and any other applicable jurisdiction may <br />charge other review fees that are generally applicable, including but not <br />limited to standard building permit review fees for improvements to be <br />constructed on improved lots and sediment and erosion control plan review fees. <br /> <br />~h <br />
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