AG 2006 12 18 - Laserfiche WebLink

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include those for a prlor year or years, but shall not exceed the cumulative total for the year/years identlfied); Calendar year 2006, no more than 6 lots permltted. Calendar year 2007 payment timing schedule lS set forth below: January 15, 2007, no more than 4 lots permitted; April 15, 2007, no more than 4 lots permitted; July 15, 2007, no more than 4 lots permitted; October 15, 2007, no more than 4 lots permitted. Calendar year 2008 payment timing schedule lS set forth below: January 15, 2008, no more than 4 lots permitted; April 15, 2008, no more than 3 lots permitted. 1.2 Legal Description of Property. The map descriptlon of the land covered by the ProJect is attached hereto as Exhibit A and incorporated into this Consent Agreement by this reference (the "PropertyU). No property may be added to the map descrlption for purposes of this Consent Agreement, except by written amendment. Except as expressly set forth in this Agreement with respect to off-property road lmprovements, this Consent Agreement shall not affect any land other than the Property. 1.3 Approved Use and Denslty. This Consent Agreement shall recognize, with respect to the ProJect, the total number of subdlvided, single family residential lots, consisting of an overall maximum density not to exceed 1.26 units per gross acre of the Property. No multi-family units are approved for the ProJect. 1.4 Conflguratlon 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 lS subJect to revision in accordance with the adequate facilities fees provisions of the Cabarrus County Subdivislon Regulations and Cabarrus County Zoning Ordinance, as more fully set forth herein, and any appllcable provlsions of the provisions of the City of Kannapolis 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 plat; subject to revision in accordance with the provisions of The City of Kannapolis Unified Development Ordinance (UDO) 1.5 Specific Conditions. The approval and development of this Project is subject to the followlng conditions as agreed upon by the Developer and County: A) Payment of a fee per single-family lot to advance school adequacy (the "base Adequate Facilities Feeu or "AFFU) which may be adjusted annually In accordance with a policy and/or schedule adopted by the Cabarrus County Board of Commissioners (the "BoardU). 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 $116,986.00 the "Total Project AFFU). B) Except as otherwise authorized in a written payment plan speclfically 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 as specified in Sectlon 1.lA of this consent agreement for the current approved Project, or any phase thereof, whichever shall first occur. 2. Summary of Cabarrus County Determinations Relating to the Project. The Board of Commissioners of Cabarrus County, acting in its leglslative capacity, has made the following determlnations 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 with City Permit Approvals. The Project has received an approval recommendation, the conditions staff recommended, on the preliminary plat by action of the of Kannapolls Plannlng and Zoning Board taken on August 10th, 2005. 2.2 Recognized Rights In Base Adequate Facility Fe~. 2.2.1 Recognlzed 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 G-5