AG 2006 09 25 Regular - 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 60 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 "PropertyH). 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 prOject, the total number of subdivided, multi-family residential lots, consisting of an overall maximum density of 5.17 units for the Property. No single family units are approved for the Project. 1.4 Confiquration 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 rev1sion in accordance with the adequate facilities fees provisions of theiCabarrus County Subdivision Regulations and the Cabarrus County Zoning Ord~nance, as more fully set forth herein, and any applicable provisions of thee provisions of the City of Concord Unified Development Ordinance. The Project Plan shall reflect the general location of roads and configuration of ~ots 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 following conditions as agreed upon by the Developer and County: A) Payment of $1,331 per multi-family lot, 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 Corrunissioners (the "Board"). The AFF total for all lots in this Project currently approved is $79,860.00 (the "Total proj ect AFF") . B) Except as otherwise authorized in a written payment plan specifically approved by the Board, a copy of which shall be attached hereto as Exhibit B and incorporated herein by reference, the Total Project AFF shall be due and payable upon Final Platting of the current approved Project, or any phase thereof, whichever shall first occur. 2. Summary of <;:abarru.. County Determination.. Relating to the Project. The Boardfof Corrunissioners of Cabarrus County, acting in its legislative capacity, has ma4e the following determinations with respect to the Project, including all findings of fact and law as are necessary to make each of the following determ~nations: County Det~rminations Relatinq to the Prolect. 2.1.1 Permit Approvals. The Project has received an approval recommendation, with the conditiQns staff recommended, on the preliminary plat by action of the City of Concord Planning and Zoning Board taken on May 16th, 2006. 2.1 2.2 ReCoqnized~Riqhts In Base Adequate Facility Fee. 2.2.1 Reco nized'Ri hts. Subject to Section 1.5.A, the Project shall have the right to have th base Adequate Facilities Fee assessed in accordance with the subdivision plat$ approved and to develop and construct the Project in accordance with the uses, density and general configuration of development described and inqorporated in Section 1 under the applicable zoning, subdivision, development, growth management, platting, environmental, open space, transport~tion 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 Leqislative Powers. G-,~