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AG 2001 11 19
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AG 2001 11 19
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Last modified
3/25/2002 4:54:59 PM
Creation date
11/27/2017 11:46:27 AM
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Template:
Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
11/19/2001
Board
Board of Commissioners
Meeting Type
Regular
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2.1 County Determinations Relating to the Project. <br /> <br />2.1.1 <br /> <br />Permit Approvals. The Project has received a denial <br />recommendation on the preliminary plat by action of the <br />Cabarrus Planning and Zoning Commission taken on October <br />18, 2001. The Cabarrus County Commission determined <br />that a preliminary plat approval be issued for the Project on <br />November 19, 2001, subject to the provisions of Section 1 of <br />this Agreement. <br /> <br />2.2 Vested Rights and Reserved Legislative Powers. <br /> <br />2.2.1 <br /> <br />Vested Rights. Subject to Section 2.2.2, the Project shall <br />have the vested right to have subdivision plats approved and <br />to develop and construct the Project in accordance with the <br />uses, density and general configuration of development <br />described and incorporated in Section 1 under the zoning, <br />subdivision, development, growth management, platting, <br />environmental, open space, transportation and other land <br />use plans, laws and regulations in existence and effective on <br />11-19-2001, and the terms and conditions of this Consent <br />Agreement. <br /> <br />2.2.2 Reserved Leqislative Powers. <br /> <br />2.2.2.0.1 <br /> <br />Future Changes of Laws and Plans; Compelling <br />Countervailing Public Interest. Nothing in this <br />Agreement shall limit the future exercise of the <br />police power of the County in enacting zoning, <br />subdivision, development, growth <br />management, platting, environmental, open <br />space, transportation and other land use plans, <br />policies, ordinances and regulations after the <br />date of this Agreement. Notwithstanding the <br />retained power of Cabarrus County to enact <br />such legislation under the police powers, such <br />legislation shall only be applied to modify the <br />vested rights described in Section 2.2.1 based <br />upon policies, facts and circumstances meeting <br />the compelling countervailing public interest <br />exception to the vested rights doctrine in the <br />State of North Carolina. Any such proposed <br />change affecting the vested rights of the <br />Project shall be of general application to all <br /> <br /> <br />
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