AG 2002 05 20 (Regular) - Laserfiche WebLink

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including all findings of fact and law as are necessary to make each of the following determinations: 2.1 County Determinations Relatinq to the Project. 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 .lune 21, 2001. The Cabarrus County Commission determined that a preliminary plat approval be issued for the Project on August 20, 2001, subject to the provisions of Section ! of this Agreement. 2.2 Vested Rights and Reserved Leqislative Powers. 2.2.1 Vested Rights. 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 in accordance with the uses, density and general configuration of development described and incorporated in Section i under the zoning, subdivision, development, growth management, platt!ng, environmental, open space, transportation and other land use plans, laws and regulations in existence and effective on 8-20-01, and the terms and conditions of. this Consent Agreement. 2.2..2 Reserved Legislative PowerS.. 2.2.2.0.1 Future Changes of Laws and Plans; Compelling Countervailing Public Interest. Nothing in this Agreement shall limit 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 in the 3