Laserfiche WebLink
Memo <br />To: Cabarrus County Board of Commissioners <br />From: I<assie G. Watts, AICP, Senior Planner <br />Date: July 30, 2009 <br />Petition#: C2009-02(VR) <br />Accela#: PLVR2009-00001 <br />Re: Appeal of Request for Vested Rights <br />Pursuant to North Carolina General Statute §153A-344.1 (a) the General Assembly finds and declares <br />that it is necessary and desirable, as a matter of public policy, to provide for the establishment of <br />certain vested rights in order to ensure reasonable certainty, stability, and fairness in the land-use <br />planning process, secure the reasonable expectations of landowners, and foster cooperation between <br />public and private sectors in the area of land-use planning. Furthermore, the General Assembly <br />recognizes that county approval of land-use development typically follows significant landowner <br />investment in site evaluation, planning, development costs, consultant fees and related expenses. <br />The ability of a landowner to obtain a vested right after county approval of a site specific development <br />plan or a phased development plan will preserve the prerogatives and authority of local elected officials <br />with respect to land-use matters. There will be ample opportunities for public participation and the <br />public interest will be served. These provisions will strike an appropriate balance between private <br />expectations and the public interest, while scrupulously protecting the public health, safety and welfare. <br />The statute further defines "vested right" as the right to undertake and complete the development and <br />use of property under the terms and conditions of an approved site specific development or an <br />approved phased development plan. <br />Developer Randall T. Scribner is requesting vested rights for properties located at the corner of Rocky <br />River Road and Archibald Road, identified as parcel numbers 5528-41-7658 & 5528-52-7326, currently <br />approved as the Rocky Glen subdivision. Attached you will find the Preliminary Plat for the project and <br />a letter from Mr. Randall T. Scribner outlining the request. <br />Pursuant to the Cabarrus County Zoning Ordinance Chapter 13, Part 6, a developer/owner may <br />establish a vested right to complete a development project by making a formal request to the Planning <br />and Zoning Commission. The request must include: <br />1. A description with reasonable certainty, the type and intensity of a use for a specified parcel(s) of <br />land. <br />2. A "Site Specific Plan" or "Phased Development Plan" which shall be in the form of a subdivision <br />plat drawn in accordance with the Cabarrus County Subdivision Regulations or a site development <br />plan drawn in accordance with Chapter Twelve of the Cabarrus County Zoning Ordinance. <br />Upon receiving a request for vested rights, the Planning and Zoning Commission shall hold a public <br />hearing to review the submitted plans. If the plans are approved; the vested rights shall run with the <br />Attachment number 2 <br />Page 88 of 315 <br />E-2 <br />