AG 2003 01 27 - Laserfiche WebLink

Home Browse Search

2.1.1 Permit Aoorovals. 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 Commission determined that a prehminary plat approval be issued for the Project on October 21, 2002, subject to the provisions of Section I of this Agreement. 2.2 Vested R~ghts and Reserved Leoislatlve Powers. 2.2.1 Vested Ri0hts. Subject to Section 2.2.2, the Project shall have the vested right to have subdivision plats approved and to develop and construct the Project ~n accordance with the uses, density and general configuration of development described and incorporated in Section 1 under the zoning, subdivision, development, growth management, platting, enwronmental, open space, transportation and other land use plans, laws and regulabons ~n existence and effective on 10-21-02, and the terms and conditions of th~s Consent Agreement. 2.2.2 Reserve~] Leqislabve Powers. 2.2.2.0.1 Future Changes of Laws and Plans; Compeihng Countervailing Pubhc Tnterest. Nothing in this Agreement shall limit the future exerose of the police power of the County ~n enacting zoning, subdivision, development, growth management, platting, environmental, open space, transportation and other land use plans, policies, ordinances and regulations alter 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 orcumstances meeting the compelling countervailing pubhc interest exception to the vested rights doctrine in the State of North Carolina. Any such proposed change affecting the vested rights of the Project shall be of general application to all development actiwty in Cabarrus County; and, unless Cabarrus County declares an 3