AG 2004 12 20 - Laserfiche WebLink

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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 1.S0 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 on the. approved preliminary plan, copies of which are available in the Cabarrus County office of Planning Services. The project Plan is subject to revision in accordance with the adequate facilities fees provisions of the C~barrus County Subdivision Regulations and Cabarrus County Zoning Ordinance, as more fully set forth herein, and any applicable provisions of the provisions of the Town of Harrisburg Unified Development Ordinance (UDO). The project Plan shall reflect the general location of roads and configuration of lots for the project as shown on the preliminary plan; subject to revision in accordance with the provisions of The Town of Harrisburg Unified Development Ordinance (UDO) 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 Coun.ty Board of Commissioners: A) Payment of $1008.00 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 $155232.00. B) Payment is to be made at the issuance of Building Permitting, 0.1' may be paid in accordance with a written payment plan specifically approved by Cabarrus County, a copy of which is atta~hed hereto as Bxhibit Band incorporated herein by reference. 2. Summary of Cabarrus 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 Project. 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 Harrisburg Planning and Zoning Board taken on October September 20, 2004. 2.2 Recognized Rights In Base Adequate Facility Fee. 2.2.1 Recognized Ri~hts. 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 Town of Harrisburg 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 Town of Harrisburg or Cabarrus County. 2.3 ~. v ....., ~-4-