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BC 2007 10 24 Special
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BC 2007 10 24 Special
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Meeting Minutes
Doc Type
Minutes
Meeting Minutes - Date
10/24/2007
Board
Board of Commissioners
Meeting Type
Special
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October 24, 2007 (Special Joint Meeting) <br />Page 596 <br />(b) Adopt no ordinance annexing any property designated <br />residential on the adopted City Land Use Plan, <br />Comprehensive Plan, or any Small Area Plan in Sub-Area 1 <br />having an effective date before the Anniversary Date; and <br />(C) Adopt no ordinance annexing any property zoned mixed <br />use or designated mixed use on any adopted City Plan (as <br />listed in (b) above) where a majority of the proposed <br />building square footage is residential; and <br />(d) Extend no sanitary sewer service outfall, interceptor <br />or lateral into or through Sub-Area 1 except for those for <br />which the City has already entered into a construction <br />contract or for extensions required by an emergency, <br />including but not limited to failing on site waste water <br />treatment systems; and <br />(e) Extend no potable water line or service into or <br />through Sub-Area 1 except for those for which the City has <br />already entered into a construction contract or for <br />extensions required by an emergency, including but not <br />limited to failing on site waste water wells; and <br />(C2) In Utility Service Sub-Area 1 from the date of filing this <br />Agreement with the Court until the Anniversary Date, Cabarrus <br />County shall: <br />(d) Modify its zoning and/or subdivision ordinance(s) <br />and/or zoning map to limit or restrict the development of <br />"Major Subdivisions" in all zoning districts and properties <br />located in City Utility Sub-Area 1. The County <br />Commissioner's (or County Planning & Zoning Commission's) <br />final consideration of and vote on this issue will be taken <br />no later than the Anniversary Date; and <br />(b) Approve no community or on-site sanitary sewer waste <br />disposal system other than a system designed for and <br />connected to one single family residence or a single <br />commercial or industrial user; and <br />(C) Approve no community or on-site potable water system <br />or well other than a system designed for and connected to <br />one single family residence or a single commercial or <br />industrial user. <br />(D) Within the City's Five Year Annexation Sub-Area 2, as that term is <br />defined below, the City may, in addition to the conditions set forth in <br />Paragraph 2(c), above, impose upon any applicant for water or sewer <br />utility service for a residential subdivision or business the following <br />conditions: <br />(i) That the applicant submit to the City a petition <br />for voluntary annexation in a form satisfactory to the City <br />for the property to which the applicant seeks to have such <br />utility services extended. <br />(ii) That the applicant agree, if the petition for <br />voluntary annexation is approved by the City, that any <br />development of the property to which such utility services <br />are sought to be extended be in compliance with the City's <br />then existing development standards. <br />(E) Nothing in Paragraph 2(d), above, shall be construed to mean <br />that the City shall be obligated or required to accept any such <br />petition for voluntary annexation or to act upon the same for the <br />purposes of annexing the property in question into the City. If, <br />however, the City declines to accept such petition for voluntary <br />annexation and declines to annex the property of the applicant, then <br />the City shall notify the County Commerce Department of the City's <br />decision not to annex so that the County may undertake to regulate the <br />development of such property pursuant to the County's development <br />standards. <br />(F) With regard to any properties outside of the City's Five Year <br />Annexation Area for which the owner thereof has requested theextension <br />of water or sewer utility service, and with regard to any properties <br />within the City's Five Year Annexation Area for which the City has <br />declined the petition for voluntary annexation pursuant to Paragraph <br />2(f), above, for which the owner thereof has requested the extension of <br />water or sewer utility service, the City may not impose any condition <br />
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