AG 2006 08 21 - Laserfiche WebLink

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include those for a prior year or years, but shall not exceed the cumulative total for the year/years identified); Calendar year 2007; no more than 15 lots platted; Calendar year 2008, no more than 30 lots platted; Calendar year 2009/ no more than 40 lots platted; Calendar year 2010, no more than 40 lots platted; Calendar year 2011~ no more than 40 lots platted; Calendar year 2012, no more than 25 lots platted. 1.2 Leqal 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 Use: and Density. This Consent Agreement shall recognize, with respect to the Propect, the total number of subdivided, single family residential lots, consisting of an overall maximum density not to exceed 2.42 units per gross ac~e of the Property. No multi-family units are approved for the proj ect. 1.4 Confiquration of Development. The configuration of the Project is recognized, as shown on the approved preliminary sketch plan, copies of which are available in the Cabarrus County offing of Planning 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 pf the City of Concord Unified Development Ordinance (UDO). The Project Plan spall 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 (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 County: A) Payment of a fee per single-family lot to advance school adequacy (th.e "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 $4,034.00 per lot and the total AFF for all "lots in this Project currently approved is $766,460.00 (the "Total Project AFF"). B) ~xcept as otherwise authorized in a written payment plan specifically approved by the Board, a copy of which shall be attached hereto as Exhibit B and incorporated herein by reference, the Total ProjectAFF shall be due and payable upon Final Platting of the current approved Project, or any phase thereof, wh~chever shall first occur. 2. SU11lIIl&ry of Caba""ua County Dete"",1nationa RelaUnq to the Project. The Board qf Commissioners of Cabarrus County, acting in its legislative capacity, has mad~ the following determinations with respect to the Project, including all finqings of fact and law as are necessary to make each of the following determinations: 2.1 County Detemminations Relatinq to the Pro;ect. 2.1.1 Permit Apprqvals. The Project has received an approval recommendation, with the conditio~s staff recommended, on the preliminary sketch plat by action of the City of Concord Planning and Zoning Board taken on June 20th, 2006. 2.2 Recoqnized Riqhts In Base Adequate Facility Fee. 2.2.1 Recoqnized ~iqhts. Subject to Section 1.5.A, the Project shall have the right to have the ibase Adequate Facilities Fee assessed in accordance with the subdivision plats iapproved and to develop and construct the Project in accordance with the uses, density and general configuration of development described and incorporated in Section I under the applicable zoning, subdivision, development, growth management, platting, environmental, open space, transportation and other land use plans, laws and regulations in G-2...