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II. <br /> <br />MATTERS TO BE INCLUDED IN BUSINESS AGREEMENT <br /> <br />A. Land Use Approvals. <br /> <br />~. The City's current zoning ordinance, as amended (the <br />"Zoning Ordinance"), will permit the City Planning and Zoning <br />Commission to consider reducing the landscaping requirements otherwise <br />applicable under the Zoning Ordinance for a project with the scope of <br />Concord Mills. The landscaping plan for Concord Mills will be <br />considered as a part of the site plan for the entire project. The City agrees <br />that, upon application of Developer, the City will in good faith using its <br />best efforts take such actions as may be required and necessary to process <br />such variations, special use approvals, and permit applications relating to <br />the Zoning Ordinance and the City's other ordinances, codes and <br />regulations, as may be necessary or proper in order for the landscaping and <br />development of Concord Mills to be in a manner comparable to the <br />development of other similar Mills developments. <br /> <br />Development Approvals. City acknowledges that certain development <br />approvals may be necessary or desirable in connection with the <br />development of the Project, including, without limitation, zoning <br />amendments, special uses, pemfits and other modifications to the existing <br />approvals for Concord Mills and the City agrees to use its best efforts to <br />promptly and diligently consider and process such zoning and other <br />development approvals required to facilitate the development. Under the <br />Zoning Ordinance, the Project (that portion which has been annexed as of <br />this date) is currently zoned B-3 (General Commercial Zoning). The City <br />has informed the Developer that in order to permit the intended <br />development of the Project, the City will have to annex certain portions of <br />the Project and the Developer will have to make application to the City for <br />said annexation. The City has informed the Developer that the expected <br />timing for the annexation/rezoning should be approximately 90-120 days <br />from the date of submission ora completed application. The City agrees <br />that, upon application by Developer in accordance with applicable laws, <br />the City will in good faith using its best efforts, promptly process and <br />diligently pursue to completion any and all such applications made by the <br />Developer in connection with the annexation/rezoning and in furtherance <br />of the development of the Project. To the extent pe,missible under state <br />law, the City and the County wilt cooperate with and assist the Developer <br />in connection with the development of the Project including, but not <br />limited to, using best efforts to facilitate the timely processing of any and <br />ali plans, applications and requests made by the Developer in connection <br />with the Project. <br /> <br /> <br />