AG 1998 08 17 - Laserfiche WebLink

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PETITION Pursuant to Sec. 66 Highland Creek, LLC ("petitioner") does hereby request Commissioners ("Board") grant approval of its preliminary 10 of the Cabarrus County Subdivision Regulations, Westbrook that the Board of County plat for the Highland Creek Subdivision - Areas O2-D9 (designated as Petition C-98-06(S)), which was denied on May 21, 1998 by the Cabarrus County Planning and Zoning Commission ("Commission") as follows: "The proposed development does not meet the adequate public facilities provisions of the Cabarrus County Subdivision Ordinance (Section 66-81). Specifically, the Cabarrus County School District does not have adequate facilities at this time to serve the estimated number of students who would be generated by the proposed development." The petitioner respectfully submits that the Commission's denial and the stated reasons therefor are improper and should.be reversed by the Board on the following grounds: 1. There is no statutory authority for the "adequate public facilities" ordinance; 2. The denial of the petition on the basis of that ordinance would constitute an unconstitutional "taking" of the petitioner's property; 3. The petitioner has a "vested right" to proceed with this phase of its development, by reason of its actions in reliance upon the prior decision of the Board; 4. The Board may not shift the burden of its constitutional responsibility to provide educational facilities to the petitioner and other private property owners in this manner; $. The denial of this petition would violate the "equal protection" clause of the Constitution; and 6. For such other reasons as may be determined when this matter is heard by the Board. The basis for these contentions is set forth in a "statement of position" which will be submitted to the Board prior to the hearing.