AG 2002 07 22 (Regular) - Laserfiche WebLink

Home Browse Search

2.1 County Determinations Relating to the Project. 2.2 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 21, 2000. The Cabarrus County Commission determined that a preliminary plat approval be issued for the Project on October 16, 2000, subject to the provisions of Section i of this Agreement. Vested Rights and Reserved Legislative 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, platting, environmental, open space, transportation and other land use plans, laws and regulations in existence and effective on 10-16-00, 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 State of North Carolina. Any such proposed change affecting the vested rights of the Project shall be of general application to all