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1.3 <br /> <br />respect to off-property road improvements, this Consent <br />Agreement shall not affect any land other than the Property. <br /> <br />Aoproved Use and Density. This Consent Agreement shall vest, <br />with respect to the Project, the total number of subdivided, single <br />family residential lots and townhomes, consisting of an overall <br />maximum density as defined by the Midland Zoning Ordinance for <br />the s~ngle family detached units per gross acre of the Property and <br />for the townhomes, providing that the proposed use meets the <br />definition of a mixed use development per Chapter 2, Section 2-2 <br />of the Midland Zomng Ordinance. <br /> <br />1.4 <br /> <br />Configuration of Development. The configuration of the Project ~s <br />vested, as shown generally on a project plan, copies of which are <br />attach, ed hereto as Exhibit B and incorporated herein by this <br />reference (the "Project Plan"); the Pro.]ect Plan is subject to revision <br />in accordance with the provisions of the Subdivision Regulations <br />and Cabarrus County Zoninc~ Ordin~nr.P. The Project Plan shall <br />reflect the general location of roads and configuration of lots for <br />the Project as shown on Exhibit B; subject to revision in accordance <br />with the provisions of the Subdivision Re(~ulations and Zoning <br />Ordinance. <br /> <br />1.5 <br /> <br />Soecific Conditions. The approval and development of this Project <br />is Subject to the following conditions as agreed upon by the <br />Developer and Cabarrus County Board of Commissioners: <br /> <br />A) Payment of $1008 per single family lot, to advance school <br /> adequacy. Total payment for the project will be determined at <br /> time of final platting. <br />B) Payment is to be made at the issuance of Building Permitting. <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 Relat~no to the Project. <br /> <br />2.1.1 Permit AoorQvals. The Project has received an approval <br /> recommendation, with the conditions staff recommended, on <br /> the preliminary plat by action of the Midland Planning and <br /> Zoning Commission taken on .]une :Lst, 2004. <br /> <br />2.2 Vested Rights and Reserved LeQislative Powers. <br /> <br />2.2.1 Vested Rights. Subject to Section 2.2.2, the Project shall <br /> have the vested right to have subdivision plats approved and <br /> to develop and construct the Project in accordance with the <br /> uses, density and general configuration of development <br /> described and incorporated in Section 1 under the zoning, <br /> subdivision, development, growth management, platting, <br /> environmental, open space, transportation and other land <br /> use plans, laws and regulations in existence and effective on <br /> <br /> <br />