AG 2004 12 06 - Laserfiche WebLink

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". .. .. B) Within six months of the adoption ofa moratorium by the County, as set forth below, the City Council will adopt a five-year annexation plan. After the adoption of the annexation plan the City may require residential subdivisions located within the five- year annexation planning areas to submit petitions for voluntary annexation as a condition of connecting to the City's utility lines. 3) The County Commissioners of CabaITUs County agree to immediately institute the process required to impose a moratorium on the consideration of residential subdivision applications in the unincorporated areas of the County. The moratorium shall be for a period of 6 months' following the required notice, public hearing and adoption. During the moratorium period the 'County agrees to prepare new development and zoning ordinances substantially similar to those in use in Mt., Pleasant, Barrisburg, Concord and Kannapolis. The County agrees to adopt these new ordinances at or before the end of the moratorium. ' 4) The City of Concord shall endorse the County's effort to revise its development ordinances and set the effective dates of future annexations of residential properties occurring during the moratorium at six months from the date of adoption of the annexation ordinance, or the date of the end of the moratorium, whichever is sooner. ' 5) The City and County agree that all property owners who have submitted any preliminary applications to the City under the Concord City Code Section 62-81 or any preliminary , subdivision plats to the County prior to the enactment of the moratorium shall be pennitted to ' proceed through the development review process under the ordinances and regulations in effect atthe date of execution of this Memorandum. It is, however, expressly acknowledged and understood that by allowing such applications to proceed under the now existing ordinances and , regulations that County does not agree or concede that such ordinances ,and regulations are ' lawful or proper. It is also expressly acknowledged and understood that the City does maintain "that such ordinances and regulations are lawful and proper. 6) The City Council and Board of Commissioners agree to embark on a comprehensive land use/growth management plan, along with Kannapolis, ifKannapolis agrees, for the Northwest Cabarrus County area, using the Highway 73 Corridor study as a basis. The planning will begin immediately and is to be completed and implemented, including adoption of any necessary ordinances, within six months. (Northwest Cabarrus County is the unincorporated portions of Cabarrus County Townships 2, 3 and 4 that are located north of 1-85). 7) The City Council and Board of Commissioners agree to review and amend as necessary the various utility agreements between the City and the County, beginning with ~e contracts listed in the litigation above, within six months. The City and County agree to ask the Court to hold in abeyance the cross- and counter-claims of the County vs. City and the City vs. the County pending the implementation of the tenDS of this Memorandum, and upon the City and County agreeing and acknowledging that the tenDS of this Memorandum have been fulfilled agree to file with the Court a Stipulation of Dismissal with Prejudice of all claimshy and between the City and County, including cross claims and counterclaims. If the City and County detennine that the implementation of this Memorandum requires the entry of a Consent Partial Judgment between F-4- 2 of3