BC 2004 04 19 - Laserfiche WebLink

Home Browse Search

April 19, 2004 Page 428 However, the City told both landowners that in order to tap onto city-owned water and sewer lines that were already available at their properties, the landowners would be required to change their plans to comply with the City's Unified Development Ordinance (UDO). The landowners took issue with the attempt by the City to control planning, zoning and development in areas clearly not in the jurisdiction of the City, stating that such action by the City is in violation of State law which prohibits the City from exercising planning and zoning authority outside of its corporate limits. Therefore the landowners filed lawsuits against the City. The landowners added the County as a co-defendant for two primary reasons: (1) The County landowners insist the County defend its sole authority to determine planning, zoning and development standards within its jurisdiction, as well as the landowners' right to depend on permission rightfully granted by the County for their projects. (2) The landowners were aware of a series of agreements entered into by the City and the County from 1988 to 1995 that directly address many water and sewer issues, including the County's right to tap onto City lines and the reciprocal right of the City to tap onto County lines. The lawsuit is in court-ordered mediation. In the mediation, the City of Concord has requested that the County consider the adoption of the transitional zoning standards previously discussed. The County has requested the City's cooperation in fulfilling the requirements of a series of agreements entered into between the City and the County from 1988 to 1995, including the 1995 Utility Asset Transfer Agreement that calls for amendments to the 1988 Reciprocal Agreement. These contracts govern the manner in which utilities will be provided in the unincorporated areas by the City of Concord in its capacity as a regional utility provider. In a good faith effort to reach a speedy and equitable resolution to the lawsuit through mediation, the Board of Commissioners has agreed to pursue the application of the so-called transitional zoning standards throughout the entire unincorporated area of the County, not just the areas around the municipalities slated for annexation within the next five years. County staff will provide a draft of these standards to the public as soon as it is prepared. The Board will discuss the draft in open session at its next meeting on April 20 at 6:00 p.m. (M) RECESS OF MEETING There being no further business to come before the Board, Chairman Freeman recessed the meeting at 11:25 p.m. until 6:00 p.m. on Tuesday, April 20, 2004, at the Cabarrus County Governmental Center. Clerk to the Board