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[CABA I t S <br /> f~08111 <br /> <br />MEMORANDUM <br /> <br />TO: <br /> <br />FROM: <br /> <br />DATE: <br /> <br />SUBJECT: <br /> <br />Cabarrus County Commissioners <br />Mr. John V. Witherspoon/County Manager <br />Gerald A. Newt~lanning, Zoning, Building Inspection <br />March 31, 1993 <br /> <br />Kannapolis Extraterritorial Jurisdiction Request <br /> <br />In 1990, Kannapolis requested extraterritorial jurisdiction (etj) <br />for a one mile area. The resolution of March 22, 1993 requests "an <br />area extending not more than three (3) miles beyond its limits..." <br />This area is known as Annexation "Area I" and is currently being <br />litigated over the annexation proposal. Our office has produced <br />the attached map to show the area and that requested for etj.. The <br />land area includes 6,492 acres of which 6,018 acres are currently <br />undeveloped. The existing Kannapolis city acreage is 9,139 acres. <br /> <br />As noted in correspondence dated in 1990, territorial jurisdiction <br />is governed under G.S. 160A-360. Cities larger than 25,000 persons <br />may receive up to 3 miles of etj. This is typically considered <br />only in areas where there ks partial zoning and subdivision <br />regulation or no zoning in the unincorporated areas. Extra <br />territorial jurisdiction in these cases makes good sense as it <br />offers the cities control over an area which has no land <br />development control. <br /> <br />General Statute 160A-360(b) states that any council wishing to <br />exercise etj needs an ordinance specifying the areas to be included <br />and this is to be based upon existing or projected urban <br />development and areas of critical concern to the city, "as <br />evidenced by officially adopted plans for its development." While <br />Kannapolis did just adopt a general development strategy for the <br />city on February 22, 1993, the only officially adopted plans for <br />this area are those which were adopted by the Board of <br />Commissioners in 1990. The area plan is entitled, Northwestern <br />Area Plan and has been used not only to assist in the locating of <br />the Westside Bypass, but has also been the basis for a 259 acre <br />rezoning for a light industrial park. We have also issued permits <br />for a rest home in the area, and have seen the development of <br />several residential areas. <br /> <br /> Planning and Zoning Department <br />P.O. Box 707 · Concord, NC 28026-0707 · Planning: (704) 788-8141 · Zoning: (704) 788-8137 <br /> <br /> \© <br /> <br /> <br />