AG 2003 01 27 - Laserfiche WebLink

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2.1.1 Permit Approvals. The Project has received a denial recommendation on the preliminary plat by action of the Cabarrus Planning and Zoning Commission taken on September 19, 2002. The Cabarrus County Commismon determined that a preliminary plat approval be msued for the Project on October 21, 2002, subject to the prowmons of Section i of th~s Agreement. 2.2 Vested Rights and Reserved Leaislat~ve Powers. 2.2.1 Vested Rmhts. Subject to Section 2.2.2, the Project shall have the vested right to have subdiwmon plats approved and to develop and construct the Project in accordance with the uses, denmty and general configuration of development described and ~ncorporated in Section 1 under the zoning, subd~wsion, development, growth management, platting, environmental, open space, transportation and other land use plans, laws and regulations ~n existence and effective on 10-21-02, and the terms and conditions of this Consent Agreement. 2.2.2 Reserved Leqislat~ve Powers. 2.2.2.0.1 Future Changes of Laws and Plans; Compelhng Countervailing Public Interest. Nothing in this Agreement shall limtt the future exercise of the police power of the County in enacting zoning, subdivision, development, growth management, platting, environmental, open space, transportation and other land use plans, policies, ordinances and regulations after the date of this Agreement. Notwithstanding the retained power of Cabarrus County to enact such legislation under the police powers, such legislation shall only be applied to modify the vested rights described in Section 2.2.1 based upon policies, facts and circumstances meeting the compelling countervailing public interest exception to the vested rights doctrine ~n the State of North Carolina. Any such proposed change affecting the vested rights of the Project shall be of general application to all development activity in Cabarrus County; and, unless Cabarrus County declares an 3