AG 2007 06 18 - Laserfiche WebLink

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hereinafter, the total number of whlch n~mber of homes available for occupancy include those for a prior year or years, total for the year/years identified); Calendar year 2007, no more than 100 lots platted; Calendar year 2008, no more than 300 lots platted; Calendar year 2009, no more than 300 lots platted; Calendar year 2010, no more than 200 lots platted; Calendar year 2011, no more than 200 lots platted, 1.2 Legal Description of Property. The map description of the land covered by the Project is attached hereto as Exhibit A and incorporated into this Consent Agreement by this reference (the "Property"). No property may be added to the map description for purposes of this Consent Agreement, except by written amendment. Except as expressly set forth in this Agreement with respect to off-property road improvements, this Consent Agreement shall not affect any land other than the Property. 1.3 Approved Ose and Density. This Consent Agreement shall recognize, with respect to the Project, the total number of subdivided, single-family and multi-family units, consisting of an overall maximum density not to exceed 2.25 units per gross acre of the Property. 1.9 Configuration of Development. The configuration of the Project is recognized, as shown generally on the preliminary plan, copies of which are available in the City of Concord office of Development Services. 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 Planning and Zoning Ordinance. The Project Plan shall reflect the general location of roads and configuration of lots for the Project as shown on the preliminary plat; 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 followinq conditions as agreed upon by the Developer and Cabarrus County Board of Commissioners: A) Payment of a fee per single-family unit lots to advance school adequacy (the ^base Adequate Facilities Fee" or "AFF") which may be adjusted annually in accordance with a policy and/or schedule adopted by the Cabarrus County Board of Commissioners (the "BOard"). The AFF applicable to this project currently is $4,039.00 per lot and the total AFF for all lots in this Project currently approved is $3,398,220.00 (the "TOtal Project AFF"). H) Payment of a fee per multi-family unit lots to advance school adequacy (the "base Adequate Facilities Fee" or "AFF") which may be adjusted annually in accordance with a policy and/or schedule adopted by the Cabarrus County Board of Commissioners (the "BOard"). The AFF applicable to this project currently is $1,331.00 per lot and the total AFF for all lots in this Project currently approved is $992,970.00 (the "Total Project AFF"). C) Except as otherwise authorized in a written payment plan specifically approved by the Board, a copy of which shall be attached hereto as Exhibit e and incorporated herein by reference, the Total Project AFF shall be due and payable at site plan approval or final plat approval of the current approved Project; or any phase theraof, whichever shall first occur based on Section 2,3.9 Cretlit for School Site Donation. 2. Summary o£ Cabarrus County Determinatione Relatinq to the Project. The Boazd of Commissioners of Cabarrus County, acting in its legislative capacity, has made the £ollowing 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 Relatinq to the Proiect. 2.1.1 Permit Approvals. The project has received an approval recommendation, with the conditions staff recommended, on the preliminary plat and technical data sheet by action of the City of Concord Planning and Zoning Board taken on December 15, 2005. The preliminary plat and technical data sheet was then may be accumulated (i.e. the total in a subsequent year or years shall but shall not exceed the cumulative G-~