AG 2004 11 15 - Laserfiche WebLink

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respect to off-property road improvements, this Consent Agreement shall not. affect any land other than the Property. 1.3 Approved Use and Density. This Consent Agreement shall recognize, with respect to the project, the total number of subdivided, single family residential lots, consisting of an overall maximum density not to exceed 3.08 units per gross acre of the Property. No multi-family units are approved for the Project. . 1.4 Configuration of Development. The configuration of the Project is recognized, as shown generally on a Project plan, copies of which are attached hereto as Exhibit A and incorporated herein by this reference (the "Project Plan"). 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 set forth herein, and any applicable provisions of the provisions of the City of Concord Unified Development Ordinance (UDO). The project Plan shall reflect the general location of roads and configuration of lots for the project as shown on Exhibit A¡ subject to revision in accordance with the provisions of The City of Concord Unified Development Ordinance. 1.5 Specific Conditions. The approval and development of this project is subject to the following conditions as agreed upon by the Developer and Cabarrus County Board of Commissioners: A) Payment of $1,008.00 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 $64,512. B) Payment is to be ~de at the issuance of Building Permitting, or may be paid in accordance with a written payment plan specifically approved by Cabarrus County, a copy of which is attached hereto as Exhibit C and incorporated herein by reference. 2. Summary of Cabarru8 County Determinations 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 plat by action. of the Concord Planning and Zoning Commission taken on October 19, 2004. 2.2 Recognized Rights In Base Adequate Facility Fee. 2.2.1 Recognized Rights. Subject to Section 1.5.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, plat~ing, 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 propoàed 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. 1= -- t (