HomeMy WebLinkAboutAgenda - 02-19-2009 e
ORANGE COUNTY BOARD OF COMMISSIONERS
HILLSBOROUGH BOARD OF COMMISSIONERS
AGENDA
BOCC/Hillsborough Board of Commissioners Joint Meeting
February 19,2009
Meeting—7:30 p.m.- 10:00 p.m.
John M.Link,Jr. Government Services Center
Hillsborough,NC
(7:30—7:35) Welcome and Opening Remarks(Chair Foushee and Mayor Stevens)
(7:35—8:05) 1. Park Issues
a) Fairview Park Short Term and Long Term Operations and
Memorandum of Understanding
b) Update on Riverwalk
c) Update on Gold Park
(8:05—8:30) 2. Interlocal Agreement for Hillsborough Strategic Growth Plan-Phase H
—Report from the Interlocal Agreement Committee
(8:30-9:05) 3. Transportation Issues
a) Report from Rail Station Task Force Regarding the Siting of a
Rail Station in Hillsborough
b) Transportation Priorities and Potential Request to NCDOT to
Substitute a List of Road Projects in Place of Elizabeth Brady
Road
c) North Hills Center Orange Public Transportation Park&Ride
Lot
(9:05—9:10) 4. Update on Waterston Development
(9:10—9:15) 5. Update on Collins Property
(9:15—9:25) 6. Update on Solid Waste Transfer Station Site Selection Process
(9:25—9:55) 7. County Properties
a) County Development of Hillsborough Commons
b) Update on County Campus
c) Update on Central Orange Senior Center/Triangle SportsPlex
d) Update on Potential Shared Meeting Space/Meeting Room at
Link Government Services Center and Financial Considerations
e) Potential Sale of the County's Downtown Churton Street
Buildings for Business Use
f) Potential Town Annexation of County Properties on Valley
Forge Road
(9:55—10:00) 8. Update on the Heritage Center
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ORANGE COUNTY BOARD OF COMMISSIONERS
HILLSBOROUGH BOARD OF COMMISSIONERS
JOINT MEETING
AGENDA ITEM ABSTRACT
Meeting Date: February 19, 2009
SUBJECT: Joint Meeting Discussion Items
DEPARTMENT: County Manager/Town PUBLIC HEARING: (YIN) No
Manager/Recreation &
Parks/Town Planning/County
Planning/Economic
Development/Purchasing
ATTACHMENT(S): INFORMATION CONTACT:
As noted in "Background" section Laura Blackmon, 245-2300; Eric Peterson,
732-1270; Nicole Ard, 732-1270; Margaret
Hauth, 732-1270; Lori Taft, 245-2660;
Gwen Harvey, 245-2300; Craig Benedict,
245-2592; Pam Jones, 245-2650; Greg
Wilder, 245-2300
PURPOSE: To discuss topics of mutual interest between the governing boards of Orange
County and the Town of Hillsborough.
BACKGROUND:
1. Park Issues
a) Fairview Park Short Term and Long Term Operations and Memorandum of
Understanding
A memorandum from County Parks and Recreation Director Lori Taft is attached summarizing
several issues related to the draft Fairview Park Memorandum of Understanding (MOU). The
draft Memorandum of Understanding for the operation of the park and a Fairview Park Phase 1
Site Plan are also provided. It is requested that the Boards review and discuss the items
addressed in the draft MOU. In particular, staff suggests the Boards discuss the concept of
shared Town/County maintenance in the short term as well as the long term possibility of the
town assuming complete responsibility, potentially in five years. The estimated operational
costs for the park for FY 2009-10 are $50,000. Staff requests the Boards provide direction on
these items and other items addressed in the draft document.
Staff has also discussed the possibility of the Town annexing the County portion of the Fairview
Park property. The Boards may want to discuss this potential action and provide direction to
the staffs.
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Staff will provide any other information at the meeting, and the Boards can discuss issues
related to the park as necessary.
Attachment 1 — a — 2112109 Memorandum Addressing Memorandum of Understanding
for the Operation of Fairview Park
Attachment 1 — b — Draft Memorandum of Understanding Between Orange County and
the Town of Hillsborough for the Operation and Maintenance of
Fairview Park
Attachment 1 — c—Fairview Park Phase 1 Site Plan
b) Update on Riverwalk
The County requested a status update on Riverwalk. Staff will provide an update at the
meeting, and the Boards can discuss issues related to Riverwalk as necessary.
No Attachments
c) Update on Gold Park
The County requested a status update on Gold Park. Staff will provide an update at the
meeting, and the Boards can discuss issues related to the park as necessary.
No Attachments
2. Interlocal Agreement for Hillsborough Strategic Growth Plan - Phase II — Report
from the Interlocal Agreement Committee
The Town of Hillsborough/Orange County Strategic Growth Plan Phase II is also known as the
Interlocal Agreement Initiative since its mission was to develop an agreement to promote
coordinated planning. The Steering Committee was formed in the Spring of 2008 by both
jurisdictions with elected official representation by Town Commissioner Eric Hallman and
County Commissioner Barry Jacobs. The initial coordinated planning work began in 2004.
Clarion Associates, the consultant on this project, will be at the meeting to walk through the
process, outreach, outcomes and work products. Roger Waldon with Clarion Associates has
provided the attached memorandum which includes a draft agreement, a map, and a summary
of public information meetings.
Staff will provide any other information at the meeting, and the Boards can discuss issues
related to this project as necessary. The Boards may want to consider directing the staffs to
place the Interlocal agreement on upcoming respective board agendas for discussion and
action and also determine whether the task force can continue to meet and address the next
steps in the proposed process.
Attachment 2—2119109 Memorandum— Status Report and Transmittal of Draft Products
• Draft Hillsborough-Orange Interlocal Land Management
Agreement— Central Orange Coordinated Area
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• Exhibit A — Map with Draft Boundaries and Matrix — Town of
Hillsborough/Orange County Strategic Growth Plan Phase 11—
Central Orange Coordinated Area
• Exhibit B — Courtesy Review Agreement
• Summary of Public Information Meetings
3. Transportation Issues
a) Report from Rail Station Task Force Regarding the Siting of a Rail Station in
Hillsborough
The Preliminary Report from the Rail Station Task Force is attached. The Boards may want to
consider providing any feedback. The Task Force plans to continue meeting to formulate the
final document to address all the elements of its charge.
Staff will provide any other information at the meeting, and the Boards can discuss this item as
necessary.
Attachment 3—a—Preliminary Report from the Rail Station Task Force
b) Transportation Priorities and Potential Request to NCDOT to Substitute a List
of Road Projects in Place of Elizabeth Brady Road
Town of Hillsborough Planning Director Margaret Hauth has provided the attached
memorandum summarizing the issues related to this potential request. Staff can provide
additional information to the Boards at the meeting, and the Boards can discuss these issues as
necessary.
Attachment 3 — b — 2111109 Memorandum Regarding Transportation Priorities and
Potential Request to NCDOT to Substitute a List of Road
Projects in Place of Elizabeth Brady Road
c) North Hills Center Orange Public Transportation Park & Ride Lot
A question recently arose regarding potential payments to the North Hills Center property owner
for the "park and ride" lot used by Orange Public Transportation (OPT) for the Hillsborough to
Chapel Hill route. Currently there is no fee associated with the use of the parking lot. Recent
inquiry information from the property manager to the County is attached. Staff can provide
additional information to the Boards at the meeting, and the Boards can discuss this issue as
necessary.
Attachment 3 — c — 2112109 Facsimile to Orange Public Transportation from North Hills
Center Property Manager
4. Update on Waterstone Development
The County requested a status update on the Waterstone development. Town Manager Eric
Peterson will provide an update at the meeting, and the Boards can discuss this item as
necessary.
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No Attachments
5. Update on Collins Property
The County requested a status update on plans for the Collins Property. An aerial photograph
of the property is attached. Town Manager Eric Peterson will provide an update at the meeting,
and the Boards can discuss this item as necessary.
Attachment 5—Aerial Photograph of Collins Property
6. Update on Solid Waste Transfer Station Site Selection Process
The Town requested the County provide an update on the County's Solid Waste Transfer
Station Process. Assistant County Manager Gwen Harvey has provided the attached
memorandum on the current status of the process. Staff will provide any other information at
the meeting, and the Boards can discuss this item as necessary.
Attachment 6 — 2112109 Memorandum Regarding Solid Waste Transfer Station Site
Selection Process
7. County Properties
a) County Development of Hillsborough Commons
The Town requested the Boards discuss any potential County plans for the Hillsborough
Commons properly. Staff will provide any information at the meeting, and the Boards can
discuss this item as necessary.
No Attachments
b) Update on County Campus
Staff will provide an update at the meeting, and the Boards can discuss this item as necessary.
No Attachments
c) Update on Central Orange Senior Center/Triangle SportsPlex
Staff will provide an update at the meeting, and the Boards can discuss this item as necessary.
No Attachments
d) Update on Potential Shared Meeting Space/Meeting Room at Link Government
Services Center and Financial Considerations
The Town requested the Boards discuss the County's plans for the potential shared meeting
space/meeting room at Link Government Services Center. Staff will provide any information at
the meeting, and the Boards can discuss this item as necessary.
No Attachments
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e) Potential Sale of the County's Downtown Churton Street Buildings for
Business Use
The Town requested the Boards discuss any potential plans the County might have regarding
the sale of downtown Churton Street buildings for private business use. Staff will provide any
information at the meeting, and the Boards can discuss this item as necessary.
No Attachments
f) Potential Town Annexation of County Properties on Valley Forge Road
The Town requested the Boards discuss the County's interest in the potential annexation of
properties on Valley Forge Road. There would be no cost impact on the County, but
annexation would help the town if these properties were sold in the future so they could start
generating property tax revenue for the town.
Staff will provide any other information at the meeting, and the Boards can discuss this item as
necessary.
No Attachments
8. Update on the Heritage Center
The Town requested the Boards discuss this item and receive any updates on the County's
plans, potential timeline, and location. County Manager Laura Blackmon will provide a verbal
update at the meeting, and the Boards can discuss this item as necessary.
No Attachments
FINANCIAL IMPACT: There is no direct financial impact associated with discussion of these
topics. There are no action items requiring formal Board decisions.
RECOMMENDATION(S): The Managers recommend the Boards discuss the topics listed and
provide appropriate direction to the respective staffs.
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ORANGE COUNTY PARKS & RECREATION
P.O. Box 8181
300 West Tryon Street
Hillsborough,NC 27278
Q�c C Cajmv Phone: 919-245-2660 Fax 919-644-3042
Paft&Rweabw
MEMORANDUM
To: Laura Blackmon, County Manager
Willie Best,Assistant County Manager
From: Lori Taft,Management Director
Subject: Memorandum of Understanding for the Operation of Fairview Park
Date: February 12,2009
Discussions have recently taken place between the County and the Town on this
important issue. Assistant County Manager Willie Best and myself have met with Town
Planning Director Margaret Hauth and Assistant Town Manager,Nicole Ard. We have
tentatively developed the general format for the document as well as the content within it. The
final agreement is pending the outcome of discussion between the two Boards on some of the
substantive issues upon which the less critical aspects of the proposed agreement are predicated.
The most important issues or questions we have identified that require direction from the
Boards appear to be as follows:
1) Is Orange County willing to manage the construction of the park, and the
operation of the park for a five (5) year period?
2) Is Hillsborough willing to take over the operation of the park beginning in five
years(July 1, 2014?)
3) Is each party willing to fund 50%of the operating budget for the park,beginning
July 1, 2009 until the Town takes over operation? This funding is proposed to be exclusive of
full time employees and benefits associated with the Orange County crew assigned to this and
other county parks. The 2009-2010 budget request is estimated at around $50,000.
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4) Is there interest among the parties in annexing the County property (41.75 acres)
to the Town of Hillsborough?
5) Is the Town willing to contribute 50% of the cost of the Torain St. sidewalk? The
total cost of this sidewalk is estimated at$30,000.
These appear to be the larger issues. Other details are included in the draft document and
could be finalized by staff, as directed by the Boards. We would hope to receive this input at the
February joint meeting. Following the meeting we propose to re-draft the agreement, send it to
the attorneys for review and bring it back to the individual Boards for approval.
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2-3-09 Draft
DRAFT
MEMORANDUM OF UNDERSTANDING
Between
ORANGE COUNTY
And the
TOWN OF HILLSBOROUGH
FOR THE OPERATION AND MAINTENANCE OF FAIRVIEW PARK
This MEMORANDUM OF UNDERSTANDING, is hereby made and entered into this the
day of , 2009, by and between Orange County, North Carolina, hereinafter referred to as
"Orange County," and the town of Hillsborough, hereinafter referred to as "Hillsborough"
pursuant to N.C. Gen. Statute 160A-460 et seq., and other applicable laws.
I.PURPOSE
The purpose of this MOU is to establish a framework of cooperation upon which mutually
beneficial operational activities may be planned and accomplished by Orange County and
Hillsborough working cooperatively at Fairview Park in Hillsborough,NC. Such daily
operations,projects, and planning will complement the Hillsborough and Orange County mission
and are in the best interest of the public.
H.INTRODUCTION
Hillsborough and Orange County are dedicated to the management of Fairview Park for a variety
of uses, activities, and outdoor recreation opportunities that are environmentally responsible,
sustainable, educational, and that provide residents with healthy outdoor experiences and an
improved quality of life.
Orange County and Hillsborough each own portions of the park property. Hillsborough owns
20.4 acres and Orange County 41.75 acres. The entire park-property is within the Hillsborough
extra-territorial jurisdiction. The entire park consists of 62.15 acres and is surrounded on three
sides by residences and streets within the community of Fairview. A Hillsborough Police sub-
station occupies a small building on the western portion of the park property. Orange County
Public Works Department occupies property to the east of the park with Hillsborough Public
Works facilities planned on a southeastern parcel.
In consideration of the above premises,the parties agree as follows:
III. ORANGE COUNTY SHALL:
Page 1 of 10
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2-3-09 Draft ,
1. Provide 2001 voter approved bond funding for the development of the park consistent
with the 2006 master plan, approved by both Orange County and Hillsborough and the
consensus of citizen committee members interested and involved in the planning of the
park.
2. Provide construction planning and administration consistent with permits issued by
Hillsborough and Orange County and with construction drawings and specifications
approved by both parties.
3. Develop Phase II of the park consistent with the master plan at a future date, as yet to be
determined.
4. For a period of five years beginning July 1, 2009 and terminating on June 30, 2014,
provide daily maintenance and improvements as may be required, in order to ensure safe,
clean and enjoyable conditions and amenities with in the park.
5. Develop an annual operating budget for the park, to include seasonal staff, operating and
capital expenditures as may be required, but not salary or benefits associated with full
time employees,for consideration by Hillsborough and Orange County officials.
6. Fund the approved operating budget in the amount of 50%of the total annually.
7. Provide full time staff supervision, and management oversight for the five-year period
designated above.
8. Provide appropriate and approved Orange County park rules and regulations. Post on
kiosks as needed in the park,
9. Administer for the five-year period, park usages through an established permit procedure
for reservations and facility use. Administer policies related to reservations and park use
and collect associated fees.
10. Invoice Hillsborough once annually in October for 50% of the approved operating
budget. Invoice Hillsborough as needed for 50% reimbursement of approved emergency
expenditures(if any.)
IV. HILLSBOROUGH SHALL:
1. Assist and advise as needed in the development of the park during the construction
process.
2. Provide 50%of the funding required for the construction of the sidewalk along Torain St.
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Page 2 of 10
2-3-09 Draft
3. Provide 50% of the approved operating expenditures annually for the five-year period
beginning July 1, 2009 and terminating on June 30, 2014. Provide 50% of funding
required for emergency expenditures approved by both boards.
4. Provide the following services to the park during the five-year period:
Police coverage
Water and sewer service(metered usage for restrooms and irrigation)
Operation of the public restrooms associated with the police substation, including
daily cleaning and supplies.
Opening and closing of gated facilities according to park operating hours.
5. Take over operation of the park at it's own expense beginning July 1,2014.
V. IT IS MUTUALLY AGREED AND UNDERSTOOD BY AND BETWEEN THE
PARTIES THAT:
1. Emergency Expenses. Amounts budgeted for the Park as part of Hillsborough and Orange
County's annual budget may be increased to cover unforeseen and unbudgeted expenses.
Such unforeseen and unbudgeted expenses shall be invoiced as provided here but only after
both the Town Manager and the County Manager and both Boards approve them as an
amendment to the applicable Park budget. For purposes of this Agreement, the term
"emergency repair(s)" shall mean those repairs made necessary as the result of acts of God
which repairs cannot be postponed for approval of a budget amendment by both Boards.
After the Managers approve the costs, both Boards shall be presented with said emergency
repair costs as an amendment to the applicable Park budget at the next regularly scheduled
Board meeting of each Board. Insurance reimbursement for repairs shall be accounted for in
the applicable Park budget.
2. Insurance. Both the town and the county will insure their own property. Each parry will
maintain liability insurance. Each party will be added as additional insured to the other's
liability insurance policy for this property and certificates shall be provided.
3. General Provisions.
a) Relationship of Parties. Hillsborough and Orange County shall not have the
power to bind or obligate the other party.
b) Assignments. This agreement is not assignable by either party without the written
consent of the other.
c) Notices. All notices provided for in this agreement shall be in writing, addressed
to the respective managers.
d) Governing Law. This agreement shall be construed under the provisions of the
law of the State of North Carolina.
Page 3 of 10
2-3-09 Draft J
e) Good Faith. The parties mutually agree to deal in good faith one with the other in
all respects in performing their duties under this Agreement. All actions
recommended and implemented in the Plan will require joint approval by both
Boards.
4. Entire Agreement. Except as otherwise provided in this Agreement, this Agreement contains
the entire agreement between the parties. Amendments, if any, shall be in writing and signed
by both parties.
5. Duration. This agreement shall be effective as of the above date and will expire June 30,
2014, unless terminated or extended as provided herein. Orange County and Hillsborough
will discuss, prior to January 1, 2014, plans for transitioning the park over to Hillsborough
operational jurisdiction in as seamless a manner as possible.
6. Termination.
a) This agreement shall be subject to annual review and may be terminated at the
end of the fiscal year upon one (1)year advance written notice by one parry to the
other parry.
b) This Agreement shall survive termination for the purposes of reconciliation or
payment of any amount due and unpaid at the time of termination.
IN WITNESS WHEREOF,the parties have caused this MOU to be executed as of the day and
year first written above.
ATTEST: FOR ORANGE COUNTY
By:
Clerk to the Board Laura Blackmon,
Orange County Manager
ATTEST: FOR HILLSBOROUGH
By:
Clerk to the Board Eric Peterson,
Town of Hillsborough Manager
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Orange County and the Town of Hillsborough,NC Orange County
August 2008 North Carolina
x° Hillsborough — Orange County
°. Interlocal Agreement Initiative
MEMORANDUM
TO: Craig Benedict, Orange County Planning Director
Margaret Hauth, Hillsborough Planning Director
FROM: Roger Waldon, Clarion Associates
SUBJECT Status Report and Transmittal of Draft Products
DATE: February 19, 2009
This memorandum offers an update on the status of work of the Hillsborough-Orange
Interlocal Agreement Steering Committee, and transmits draft products for consideration.
Summary of Initiative
Hillsborough and Orange County set this process in motion early in 2008, following
completion of a jointly prepared Strategic Growth Plan for areas surrounding Hillsborough.
These initiatives are the latest in a series of successful collaborations between Hillsborough
and Orange County on growth management issues.
On May 5, 2008, a Steering Committee that had been jointly appointed by the two boards
met for the first time to begin preparation of a draft Interlocal Agreement. The Hillsborough
Town Board and the Board of County Commissioners reconvened this Steering Committee
with an interest in conducting more outreach and making the process of developing this
agreement transparent. The purpose of the agreement would be to establish a formal
framework for collaborative planning, and to put in place mechanisms for sharing decision-
making responsibilities in the growth areas surrounding Hillsborough's Town Limits. The
product of the committee's work was to be a draft agreement and a map showing areas of
jurisdiction, for consideration by our two boards. A key objective was to allow affected
property owners to understand and be comfortable with this process, and to have full
information about what is under consideration.
Taws
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Interiocal Agreement Steering Committee
Status Report February 19,2009
Page 2
Process
This Steering Committee met on a monthly basis, and scheduled a series of four Public
Information meetings at key points in our discussions. Background information, analysis, and
recommendations were prepared for the committee's consideration. We scheduled the
information meetings on different dates and times (late afternoons as well as evenings), in
multiple locations to make it as convenient as possible for citizens to come by to get
information and provide comments.
The result of this work is the set of materials ready to present to a Joint Meeting of the
Hillsborough Town Board and the Orange County Board of Commissioners. Included in the
packet for this meeting are:
• A Draft Interlocal Agreement;
• A map suggesting boundaries for the various jurisdictional arrangements discussed in
the Draft Agreement; and
• A summary of the most recent set of Public Information Meetings
Summary of Recommendations
The key points in the recommendations:
• Adjustments would be made to Hillsborough's Extraterritorial Jurisdiction boundary
that would remove existing Extraterritorial Jurisdiction designations in areas where
Hillsborough is not likely to grow, and expand Extraterritorial Jurisdiction in places
where it does not now exist but which are directly in the path of Hillsborough's near-
term growth. The proposed shifts would represent generally equivalent acreage being
added and taken away.
• A boundary for Hillsborough's growth and annexation would be established.
• Boundaries would be drawn for areas of joint review of development proposals.
Next Steps
Following tonight's presentation and discussion, it would be helpful if each of the material is
referred to each of the two boards for individual consideration. Once an agreement is
finalized and executed, work can begin to implement the new system.
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DRAFT 2/19/09
Hillsborough-Orange Interlocal Land Management Agreement
Central Orange Coordinated Area
THIS AGREEMENT, made and entered into this day of , 2009, by and
between the COUNTY OF ORANGE, a political subdivision of the State of North
Carolina, and the TOWN OF HILLSBOROUGH, a municipal corporation duly created
and existing under the laws of North Carolina.
WITNESSETH:
In consideration of the public benefits expected to flow from the cooperative efforts of
the parties in establishing a coordinated and comprehensive system of planning within
their respective areas of public concern, the parties to this Agreement hereby mutually
agree as follows:
ARTICLE I. PURPOSE,DEFINITIONS,EFFECTIVE DATE
Section 1.1 Purpose of the Agreement
The purpose of this Agreement is to establish a method of coordinated and
comprehensive planning in the Central Orange Coordinated Area,as defined herein.
Section 1.2 Definitions
A. Central Orange Coordinated Area. The area displayed on the attached map
labeled as Exhibit A.
B. Hillsborough Jurisdiction. Areas that are either within the Town Limits of
Hillsborough, or within Hillsborough's Extraterritorial Area. The Town of
Hillsborough is responsible for adopting and administering land use regulations
within these areas. The area under Hillsborough's Jurisdiction may be amended
over time either as annexation occurs, or as changes are made to the Town's
Extraterritorial Area boundary. On the attached Exhibit A, areas within
Hillsborough's jurisdiction are shown in shades of gray.
C. Orange County Jurisdiction. All areas included in the attached map labeled as
Exhibit A which are not within Hillsborough's Jurisdiction as defined above.
Orange County is responsible for adopting and arranging for administration of
land use regulations in this area.
D. Hillsborough Urban Services Area. An area, shown on the attached map labeled
as Exhibit A, which includes properties that are currently within the Hillsborough
Jurisdiction, and also areas in the Orange County Jurisdiction that are expected to
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develop according to municipal standards, within which it is anticipated that
municipal services will be provided, and within which property is expected to be
annexed into the Town Limits of Hillsborough as development occurs. It is not
expected that Hillsborough will extend water and sewer service outside of this
Urban Services Area except for reasons of public health, safety, and general
welfare.
E. Hillsborough Urbanizing. A portion of the Hillsborough Urban Services
Area, as shown on the attached map labeled as Exhibit A, but outside the area
designated as "Hillsborough Jurisdiction," within which Hillsborough
development standards will be applied as described in this Agreement. Property
is expected to be annexed into the Town Limits of Hillsborough as development
occurs. (Shown in the color blue on Exhibit A.)
F. Orange County Urbanizing_Area. A portion of the Hillsborough Urban Services
area, as shown on the attached map labeled as Exhibit A, but outside the area
designated as "Hillsborough Jurisdiction" and outside the area labeled
"Hillsborough Urbanizing Area," within which CogM development standards
will be applied as described in this Agreement. Annexation is possible. Public
utilities may be extended as feasible. (Shown in the color orange on Exhibit A.)
G. Existing Water Service Area Outside Urban Services Area. An area shown on the
attached map labeled as Exhibit A which currently is served by Hillsborough's
municipal water system, but which is outside the boundary of the Hillsborough
Urban Services Area, and for which it is not intended that other municipal
services will be provided,and for which annexation is not intended.
H. Notification Area. All areas included within the Central Orange Coordinated
Area boundary as shown on the attached map labeled Exhibit A,but which are not
located within any of the areas defined in paragraphs E through H above. (Shown
in white on Exhibit A.) There will be no annexation of property within the
Notification Area.
1. Central Orange Coordinated Area Land Use Plan. A land use plan to be adopted
by the parties to this agreement subsequent to enactment of this agreement for the
areas on Exhibit A shown in blue, orange, and white (all land within the Central
Orange Coordinated Area except that which is within Hillsborough's jurisdiction),
and as may be amended from time to time.
Section 1.3 Effective Date and Duration
A. This Agreement shall become effective upon signatures of the parties.
B. This Agreement, including any Appendix hereto, shall remain in effect until
terminated by mutual agreement or by withdrawal of either party. Subject to
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termination provisions of this Agreement, annexation provisions of this
Agreement shall be valid for not more than 20 years and may thereafter be
renewed. A parry may not withdraw until it holds a public hearing on the
proposed withdrawal with thirty (30) days notification of the hearing, followed by
action and written notice to the other party not sooner than thirty (30) days
following the closing of the public hearing. The withdrawal shall be effective one
(1)year following receipt by the other party of the written notice.
C. Upon execution of this Agreement, the parties agree that each will take, in a
timely manner, all steps (including but not limited to preparation and adoption of
Zoning Maps and all required land use ordinance amendments) required to cause
this Agreement to become effective, and will notify the other party with those
steps have been taken.
ARTICLE 2. ACTIONS SUBSEQUENT TO EXECUTION OF AGREEMENT
The parties to this agreement shall initiate work to complete the following, subsequent to
execution of this agreement:
Section 2.1. Adoption of Joint Land Use Plan
A. Hillsborough shall adopt a Land Use Plan designating future land use for the
Hillsborough Urbanizing Area and the Orange County Urbanizing Area (areas
shown in blue and orange in Exhibit A), inviting comments from the Orange
County Board of Commissioners.
B. Upon receipt of the adoption described in Section 2.1.A, the Orange County
Board of Commissioners shall consider endorsing the land use designations
adopted by Hillsborough, adding land use designations for the Notification Area
(area shown in white on Exhibit A).
C. Both parties,Hillsborough and Orange County shall then either(1)Each adopt the
composite land use plan if deemed to be acceptable; or (2) If one or both parties
desire changes to be made to the recommendations, the parties shall arrange for
negotiation and agreement on such changes followed by joint approval.
Section 2.2. Adjustment of Hillsborough Extraterritorial Jurisdiction
A. Hillsborough shall prepare a request to submit to Orange County, offering to
relinquish existing Extraterritorial Jurisdiction as part of County action to adjust
the ETJ boundary as shown on Exhibit A, and requesting extension of
Extraterritorial Jurisdiction as shown on Exhibit A.
3
B. Upon receipt of the request described in Section 2.1.A, Orange County shall take
action to amend the Hillsborough Extraterritorial Jurisdiction boundary, as shown
in Exhibit A.
Section 2.3. Adoption of Zoning and Subdivision Regulations
A. Following the land use designations of the jointly adopted Land Use Plan
described in Section 2.1 above, Hillsborough shall adopt zoning and subdivision
regulations (including amendments to the Zoning Map) for application to ETJ
areas, and recommend Orange County adoption of zoning and subdivision
regulations (including amendments to the Zoning Map) for the Hillsborough
Urbanizing Area and the Orange County Urbanizing Area (areas shaded blue and
orange on Exhibit A).
B. Upon receipt of the actions described in Section 2.3.A and following the land use
designations of the jointly adopted Land Use Plan described in Section 2.1 above,
Orange County shall take action to amend zoning and subdivision regulations
(including amendments to the Zoning Map) for application to the Hillsborough
Urbanizing Area, the Orange County Urbanizing Area, and the Notification Area
(areas shaded blue, orange and white on Exhibit A), including areas for which
Hillsborough Extraterritorial Jurisdiction has been rescinded.
ARTICLE 3. ADOPTION,ADM 41STRATION AND AMENDMENT OF STANDARDS
Section 3.1. Standards Within the Hillsborough Urbanizing Area (shown in blue on
Exhibit A)
A. Hillsborough shall prepare a Zoning Map for that portion of the Urban Services
Area that lies within the Hillsborough Urbanizing Area and shall recommend its
adoption by Orange County. Upon approval and adoption of this Zoning Map by
Orange County as prescribed in Subsection B of this Section, this shall become
part of the Orange County Zoning Ordinance. The Zoning Map shall be prepared
using zoning districts which correspond to the text of the Hillsborough Zoning
Ordinance.
B. Upon completion of the Zoning Map referred to in Section 3.1A, Orange County
shall amend its Zoning Atlas in accordance with said Map. Orange County shall
also adopt by reference the Hillsborough Zoning Ordinance and Subdivision
Regulations and make those provisions applicable to the Hillsborough Urbanizing
Area.
4
Section 3.2. Standards Within the Orange County Urbanizing Area(shown in orange
on Exhibit A)
Within the Orange County Urbanizing Area,the Orange County Zoning Ordinance
(including Zoning Atlas)and Subdivision Regulations that are in effect on the
effective date of this Agreement shall remain in effect unless amended in accordance
with Section 3.6 of this Agreement.
Section 3.3. Standards Within the Notification Area(shown in white on Exhibit A)
Within the Notification Area,the Orange County Zoning Ordinance(including
Zoning Atlas)and Subdivision Regulations that are in effect on the effective date of
this Agreement shall remain in effect unless amended in accordance with Section 3.6
of this Agreement.
Section 3.4. Permit Administration within the Hillsborough Urbanizing Area
A. Except as otherwise provided in Sections 3.5 and 3.6,the Town of Hillsborough
shall perform all functions related to the administration of the ordinances
referenced in Section 3.1B. Subject to the remainder of this Section,
Hillsborough shall administer the referenced ordinances just as if the land were
located within the Town's planning jurisdiction. Administration shall include,but
not be limited to,the following:
1. Receipt and processing of applications;
2. Consideration by applicable advisory and permit-issuing boards;
3. Issuance of any required permits and certifications;
4. Review and approval of required site/construction plans;
5. Conducting necessary site/building inspections;
6. Enforcement of all standards;
7. Any other acts or things necessary to administer the Ordinance;
and shall ensure that a developer complies with all applicable ordinance
requirements and the terms and conditions of any permit issued by the Town. The
Town may also charge fees for processing applications, conducting
site/construction plan reviews, and carrying out site/building inspections in
accordance with fee schedules applicable within its planning jurisdiction.
B. Whenever Hillsborough receives an application for a development permit as
defined in this Agreement relating to land within the Hillsborough Urbanizing
Area, it shall forward copies of the application to Orange County for review.
Hillsborough shall establish timetables to ensure that Orange County has an
opportunity to make recommendations regarding such applications within the
framework of the County's regularly scheduled meeting dates. To the extent
possible, the timetables of the County and the Town shall provide for
simultaneous review to expedite application processing,as described in Exhibit B,
5
an existing Courtesy Review agreement; provided, however, the Town may not
vote to issue or deny a permit until it has received the recommendations of
Orange County or until the expiration of sixty (60) days after Orange County has
received the application,whichever comes first.
Section 3.5. Permit Administration Within the Orange County Urbanizing Area(shown in blue
on Exhibit A)
A. Except as otherwise provided in Section 3.8 and the remaining provisions of this
Section, Orange County shall perform all functions related to the administration
of the ordinances referenced in Section 3.2..
B. Whenever Orange County receives an application for a development permit as
described in the "Courtesy Review Agreement" attached as Exhibit B, relating to
land located within the Orange County Urbanizing Area,it shall forward copies of
the application to Hillsborough for review. The County shall establish timetables
to ensure that Hillsborough has an opportunity to make recommendations
regarding such applications within the framework of Hillsborough's regularly
scheduled meeting dates. To the extent possible,the timetables of the County and
the Town shall provide for simultaneous review to expedite application
processing;provided, however,the County may not vote to issue or deny a permit
until it has received the recommendations of Hillsborough or until the expiration
of sixty (60) days after Hillsborough has received the application, whichever
comes first.
C. Whenever Orange County receives an application for a development permit
relating to land located within the Notification Area it shall forward copies of the
application to Hillsborough for informational purposes.
Section 3.6. Permit Administration Within the Notification Area (shown in white on Exhibit
A)
A. Except as otherwise provided in Section 3.8 and the remaining provisions of this
Section, Orange County shall perform all functions related to the administration
of the ordinances referenced in Section 3.2.
B. Whenever Orange County receives an application for a development permit as
described in the "Courtesy Review Agreement" attached as Exhibit B, relating to
land located within the Notification Area, it shall forward copies of the
application to Hillsborough for informational purposes.
Section 3.7 Enforcement Remedies
A. Permit revocation, if necessary and authorized by ordinance, shall be handled by
the same individual or board authorized to issue the original permit.
6
B. Within those portions of the Hillsborough Urbanizing Area where the ordinances
specified in Section 3.1B are administered by Hillsborough, enforcement efforts
through the use of civil penalties, criminal penalties or injunctive relief shall be
initiated by Hillsborough. Hillsborough shall have the duty to defend at its own
expense and shall indemnify and hold harmless,to the extent that it can legally do
so, Orange County, its Board of Commissioners, its advisory boards, its staff and
all members of its boards and staffs, in their official and individual capacities,
from any and all claims, actions, proceedings, expenses, damages or liabilities,
including attorneys' fees and court costs, resulting from the Town's
administration of the ordinances specified in Section 3.1B.
C. Orange County shall notify Hillsborough and Hillsborough shall notify the
County as soon as practicable thereafter of any such claim, action or proceeding.
Section 3.8 Land Use Plan Amendments
The process for amending the Joint Land Use Plan shall be the same as the process
for initially adopting the plan, as spelled out in Section 2.1.
Section 3.9 Ordinance and Zoning Map Amendments
A. Proposed amendments to the Zoning Ordinance or Zoning Map applicable to
properties within the Hillsborough Urbanizing Area shall be initiated by or
referred to Hillsborough. No such amendment may become effective until after it
has been adopted by both Orange County and the Town of Hillsborough,
following a joint public hearing by both governing bodies. In reviewing and
taking action on such proposed amendments, the adopted Joint Land Use Plan
shall be considered in good faith as a guide to decision-making.
B. Proposed amendments to the Zoning Ordinance or Zoning Map applicable to
properties within the Orange County Urbanizing Area shall be initiated by or
referred to Orange County and adopted in accordance with the procedures set
forth in County ordinances. . No such amendment may become effective until
after it has been adopted by both Orange County and the Town of Hillsborough,
following a joint public hearing by both governing bodies. In reviewing and
taking action on such proposed amendments, the adopted Joint Land Use Plan
shall be considered in good faith as a guide to decision-making.
C. Whenever Hillsborough proposes to amend the text of its Zoning Ordinance or
Subdivision Regulations, Hillsborough shall deliver a copy of the full text of the
proposed amendment to Orange County not later than thirty (30) days before the
date of the public hearing on any such amendment. However, with the written
consent of the Orange County Manager or his/her designee, this thirty (30) day
period may be reduced to not less than ten(10) days. Unless Orange County files
a written objection on or before the date of the public hearing on the proposed
7
ordinance amendment, then adoption of the amendment by Hillsborough shall
automatically effect a corresponding amendment to the ordinance adopted by
reference by Orange County as provided in Section 11C. If Hillsborough adopts
an amendment despite Orange County's objection, then it shall refer such
amendment to Orange County with a request that the County make corresponding
changes expeditiously so that Hillsborough may continue to enforce within its
portion of the Urbanizing Area the same standards that it enforces within its own
planning jurisdiction. In the event of objection by Orange County as provided
herein,no such amendment shall be effective within the Hillsborough Urbanizing
Area until it is adopted by Orange County. Amendments shall be made in
consideration of and consistent with the Joint Land Use Plan.
D. Orange County may not unilaterally amend the text of its zoning or subdivision
ordinances applicable to the Urbanizing Areas (i.e., those ordinances adopted by
reference pursuant to Section 3.1B). Amendments to the ordinances referenced in
Section 11B by Orange County may be accomplished only pursuant to
Subsection C above (including adoption by Orange County following a request to
do so by Hillsborough). Any petitions or requests to amend these ordinances
received by the County or initiated by the County shall be referred to
Hillsborough.
E. Proposed amendments to the text of this Agreement shall not become effective
until approved by Hillsborough and Orange County.
ARTICLE 4. LMTATIONS ON ANNEXATIONS
Except pursuant to the written consent of both parties to this Agreement,
Hillsborough may not annex land outside of the Urbanizing Area boundaries(whether
by voluntary or involuntary annexation or any other method authorized by law), nor
shall any party seek special legislation accomplishing such annexation.
THIS AGREEMENT entered into this day of ,2009.
Chair, Orange County Board of Commissioners
Attest:
Mayor,Town of Hillsborough
Attest:
8
Central Orange Coordinated Planning Area
Town of Hillsborough (TOH)/Orange County (OC) Strategic Growth Plan Phase II
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Dark Gray Town Limits TOH TOH Y1 Y Y N M 3303
Hillsborough
Light Gray ETJ TOH TOH Y2 Y Y N M 2918
Added Town
Light Gray Backward Hatch ETJ 0C—TOH TOH Y2 Y Y Y M 489
Hillsborough
Blue Urbanizing OC TOH Y2 Y Y Y Y 1909
Orange Co.
Orange Urbanizing OC OC YM3 YM Y Y Y 1118
Orange Co.
Light Blue Hybrid Area OC OC Y N4 N Y N 638
Deleted
Light Gray Forward Hatch Town ETJ TOH-->0C OC N N N Y N 624
Joint Interest
White Area OC OC N N5 N Y N 14950
1 Available and Committed Water.
2 Available Water.
3 Water, if additional water allocations found,water conservation of existing,WASMPBA
4 Within Orange County or Town of Hillsborough long term interest area proposal
5 Part is within#4 area
SGRC =Strategic Growth Rural Conservation (Receiving)(AKA TDR)
Y=Yes; N =No; M =Possible.
Courtesy Review in all areas above
s:■ dminDiv\Craig\TOH-OC Strat growth plan matrix 3.xls.xls June 2008
x i-,-ID,-1-A-
Town of Hillsborough/Orange County Strategic Growth Plan Phase II
Central Orange Coordinated Area DRAFT
Legend
may, r — J Little River Protected Watershed FRRy
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(White area=14,950 ac.) v oQ RD i_y
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��. Proposed ETJ Areas to be Added=624 ac. \ \
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� Proposed ETJ Areas to be Deleted=489 ac. _ ST�RVSRo
Annexation Boundary ✓ r \
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® Urbanizing Areas=1,118 ac. �, 1 � Existing 1 unit/1 ac ill Existing Rural Residential \ _i o, Densit
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Existing JPA Rural Buffer �,
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I Outside Urban Services Area=638 ac. I coRNEri_S ST Use �A I
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Orange Cou ty g p p \ �\ l
GIS Map Prepared by Miriam Coleman,February 10,2009 T` — "/' r- _ ¢`O \_\y yQ 1 ` w \ ����� Agreement E uniR/l3 Rural Buffer
Projection:-North Carolina State Plane(feet) p
Datum.'I North 1933 ° - !
EXHIBIT B: COURTESY REVIEW AGREEMENT
THIS AGREEMENT, made and entered into this day of , 200_, by
and between the COUNTY OF ORANGE, a political subdivision of the State of North Carolina,
the TOWN OF HILLSBOROUGH, a municipal corporation duly created and existing under the
laws of North Carolina.
WITNESSETH:
In consideration of the public benefits expected to flow from the cooperative efforts of the
parties in establishing a coordinated system of planning within their respective areas of public
concern,the parties to this Agreement hereby mutually agree as follows:
ARTICLE 1.PURPOSE,DEFINITIONS,EFFECTIVE DATE
Section 1.1 Purpose of the Agreement
The purpose of this Agreement is to establish a method to foster coordinated
planning between Orange County and the Town of Hillsborough. Further, the
process is intended to provide a forum for discussion of development impacts and
exchange information and ideas. This agreement does not provide for joint
approval.
Section 1.2 Definitions
A. Courtesy Review Area. The area designated on the Courtesy Review Area Land
Use Map and attached hereto as Exhibit A. (As a cross-reference this is the area
also noted on the Water and Sewer Management, Planning and Boundary
Agreement map as the Town of Hillsborough's primary service area.) Within the
Courtesy Review Area, the Town of Hillsborough's Land Use Plan will apply to
land within its corporate limits and extraterritorial planning jurisdiction (ETJ).
Orange County's Land Use Plan will apply in the remainder of the Courtesy
Review Area.
B. Development proposal. Development permit proposals that are to be reviewed
under this agreement must meet at least one or more of the following criteria:
ZAProjectsUntergovemmental Agreeement\H illsborough-Orange\Agreement\Exhibit B-Courtesy Review Agreement-2006.doc 1
1. Land use amendment involving five (5)acres,
2. Rezoning involving five(5)acres,
3. Special Use Permit or Master Plan involving five (5)acres,
4. Conditional Use Permits involving five(5) acres,
5. Annexations involving five(5)acres,
6. Projects with a residential component of greater than 50 dwelling units.
7. Modifications to any of the above applications or permits requiring board action.
Section 1.3 Effective Date and Duration
A. This Agreement, except as provided below, shall become effective upon adoption
of an ordinance by the elected officials of the Town of Hillsborough and Orange
County to its effect. Any previously adopted Agreements in conflict with this
Agreement shall become null and void upon this date. The Courtesy Review Area
Map in Appendix A to this Agreement shall become effective upon the execution
of this Agreement.
B. This Agreement, including any Appendix hereto, shall remain in effect until
terminated by mutual agreement or by withdrawal of any party. Withdrawal of
one party shall absolve the remaining party to satisfy conditions under the
Agreement.
ARTICLE 2. ADOPTION,ADMINISTRATION AND
AMENDMENT OF STANDARDS
All proposed developments noted in Section 1.213 shall be submitted for courtesy review in the
following areas:
A. Aforesaid Courtesy Review Map area outside of Hillsborough's ETJ,
B. Within the Town of Hillsborough's town limits and extra-territorial jurisdiction.
Section 2.1 Request for Joint Meeting
Either jurisdiction may request a joint meeting of the elected boards to discuss a
development proposal subject to courtesy review. The request shall be made in writing by the
reviewing jurisdiction when comments are submitted or in writing by the approving jurisdiction
upon receipt of comments. When either party requests a joint meeting, the approving jurisdiction
ZAProjcctsUntergovemmental Agreeement\Hillsborough-Orange\Agreement\Exhibit B-Courtesy Review Agreement-2006.doc 2
agrees to delay its approval process for the project in question for no more than 90 days in order
to accommodate the joint meeting. If such a meeting is scheduled,the developer will provide
five (5)additional copies of the development proposal application.
Section 2.2 Proposal Administration within the Courtesy Review Area
A. Whenever Hillsborough receives an application for a development proposal as
defined in this Agreement relating to land within the Courtesy Review Area, it
shall forward two (2) copies of the full application and associated materials to
Orange County planning staff for review within two (2) working days of a
completed application being submitted. Comments shall then be returned to the
Town of Hillsborough planning staff within five (5)working days for inclusion in
the Hillsborough planning board and/or town board agenda packet.
1. In the case of a voluntary annexation, the application is complete upon receipt
of Letter of interest from the property owner/representative.
2. In the case of an involuntary annexation,the Town of Hillsborough will notify
the Orange County planning department at the time that they notify the
effected property owners of the intent to annex.
3. The Town of Hillsborough will forward a copy of all staff reports regarding
the feasibility of the annexation, whether voluntary or involuntary, to the
Orange County Planning Department as part of the notification.
B. Whenever Orange County receives an application for a development permit as
defined in this Agreement relating to land within the Courtesy Review Area, it
shall forward two(2) copies of the full application and associated materials to
Town of Hillsborough planning staff for review within two (2)working days of a
completed application being submitted. Comments shall then be returned to the
Orange County planning staff within five(5)working days for inclusion in the
Orange County planning board and/or county commissioner's agenda packet.
Section 2.3 Substance of Comments
A. The Town of Hillsborough may make comments on a development proposal
within the jurisdiction of Orange County covered under this Agreement on certain
matters of concern. These matters of concern shall include, but not be limited to:
1. Utility capacity and efficiency
ZAProjectAntergovemmental Agreeement\H it lsborough-Orange\Agreement\Exhibit B-Courtesy Review Agreement-2006.doc 3
a) Town of Hillsborough staff will provide written confirmation of
availability and/or constraints of utility capacity for development
proposals requesting Town of Hillsborough utility access that are within
the jurisdiction of Orange County.
b If the development proposal requests utility service from the Town of
P
Hillsborough, the Town of Hillsborough Board of Commissioners agrees
to provide written notice of intention to provide or not provide utility
service to the proposed development to the Orange County planning staff
within two (2) months of receipt of development proposal application.
i
Orange County may require confirmation of intention to provide utility
service to the proposed new development from the Town of Hillsborough
as a condition of preliminary plan approval.
2. Transportation issues(traffic and road capacity, access to mass transit, etc.)
B. Orange County may make comments on a development proposal within the
jurisdiction of the Town of Hillsborough covered under this Agreement on certain
matters of concern. These matters of concern shall include, but not be limited to:
1. School capacity and planning
2. Emergency management services
3. Transportation issues(traffic and road capacity, access to mass transit, etc.)
4. Fiscal Impact on county/contractual public service provision including but not
limited to social services,health services, senior citizen services,parks and
recreation services.
5. Land Use Compatibility and Joint Planning Study Implementation
6. Environmental resources
Section 2.4 Reservation of Utility Capacity for Review Purposes
1. An applicant within Orange County's jurisdiction desiring Hillsborough
water and sewer service shall independently petition the Town for
reservation of utility capacity following a Concept Plan approval by the
Planning Board.
will decide within 2 month of receiving 2. The Hillsborough Town Board g the
petition whether to formally reserve utility capacity for a project based on
ZAPro'7 ectsUntergovemmental Agreeement\H illsborough-orangeWgmement\Exhibit B-Courtesy Review Agreement-2006.doc 4
a preliminary concept plan. Water use will be projected based on the
concept plan.
3. The reservation of utility capacity shall be valid for no more than 2
calendar years unless the reservation is extended through mutual
agreement of the Town Board and the applicant.
4. Within the two-year period,the applicant and Town have the opportunity
to negotiate a water and sewer extension contract in accordance with
adopted town policies and fee schedules. If a contract is not adopted
within the reservation period,the Town will cease reserving capacity for
the development.
Section 2.5 Enforcement Remedies.
Development proposal revocation, if necessary and authorized by ordinance, shall
be handled by the same individual or board authorized to issue the original
development approval.
ZAProjectsUntergovemmental Agreeement\l iillsborough-OrangeWgreement\Exhibit B-Courtesy Review Agreement-2006.doc 5
• Hillsborough — Orange County
'. Interlocal Agreement Initiative
Summary of Public Information Meetings
January 6,2009
BACKGROUND
This was the second round of Public Information Meetings to Holy Family Catholic Church
make information about the proposed Hillsborough-Orange 216 Governor Burke Road
County Interlocal Agreement available for public review. 4pm—8:30pm
January 13,2009
Key information on hand to present and discuss at these Orange Co Campus, Durham Tech
meetings was a revised map showing planning areas, and a 525 Waterstone Drive
matrix indicating intent for regulatory cooperation within each 4pm—8:30pm
type of designated area on the map. (Map and matrix attached
here).
Maps were also available showing current and previous planning
boundaries, including water-sewer service areas and land use plans.
The format was an informal drop-in arrangement. As citizens arrived,
they were greeted by staff and discussions began regarding this
initiative and the maps displaying information. Most conversations
were one-on-one, question and answer sessions.
Approximately 10 citizens came by on January 6, and approximately
20 citizens came by on January 13. Members of the Orange County
Board of Commissioners, the Hillsborough Town Council, and the
Interlocal Agreement Steering Committee attended and participated in
the informal discussions. Print and television media journalists
covered the meetings as well.
SUMMARY OF PUBLIC INCPUT AND COMMENTS
The most common sequence of interactions was as follows: Citizens were greeted by staff as
they entered the room, and brought over to the maps to describe what is being proposed. The
first step was always for the citizen to locate
his/her property, or some other geographic
feature of interest, followed by description of
what designation is proposed for that
property and what implications of that
designation might be. Occasionally
discussion followed about the overall
objectives to be achieved by the initiative, but
most discussion focused on the impacts that .�P
the recommendations might have on a
particular property or properties.
Town
of r
Hills gh
9-175
Public Information Meetings Summary
Page 2
For property owners within the limits of Hillsborough or its ETJ, impacts are minimal and those
individuals typically would leave shortly. For property owners outside of Town jurisdiction but
within the proposed Hillsborough Urban Service Area Boundary, discussion typically focused on
likely timeframes for development and annexation. For property owners in the white areas of
the map (outside the Urban Services Area), the most common reaction was approval of the
concept that Hillsborough's corporate boundaries would likely not be extended to result in
annexation of their properties.
There were no negative comments at either meeting about the boundary lines that were
displayed on the map. As citizens asked questions and learned about what was being
proposed, reactions were either neutral or positive.
The events also offered an opportunity for citizens to discuss and ask questions about issues
not related to this Interlocal Agreement Initiative. Issues ranged from current development
proposals under consideration in Hillsborough and Orange County to recent tax valuations. The
informal nature of the events allowed citizens to interact with staff and officials from
Hillsborough and Orange County on a wide variety of topics of interest.
At each meeting, citizens were informed about the process and the next steps, including
discussion of how these ideas would be presented to the elected boards of Hillsborough and
Orange County, and what would logically be the next steps following execution of an Interlocal
Agreement.
Attachments: Map, Matrix
i
Town
of
Hills gh e,
Middle Eno Coordinated Planning Area
Hillsborough/Orange County Strategic Growth Plan —Area Descriptions
Color ,K
JurisdictioFrty; t< ' E„x� , ��� I_ I � , I ` Ff��
Code ., s
• Town standards apply, Town has full Information Annexation
Area 1 Gray Town corporate limas, and within existing Exchange Anticipated at
corporate 9 with the
Extraterritorial Jurisdiction. County some point
• Town standards apply.
• Following adoption of Interlocal Agreement,
Town zoning and subdivision regulations
will be implemented and day-to-day land Courtesy
use administration may be ceded to Town Review in
Area 2 Blue County for areas currently outside of Town some cases, Annexation
Jurisdiction. Joint Possible
• Zoning changes must be approved by Town Approval in
and County following a joint public hearing others
• Orange County retains underlying planning
authority
• County standards apply.
• County zoning and subdivision regulations
in effect and day-to-day land use
administration is the responsibility of Information Annexation Not
Area 3 Orange County County. Exchange Recommended at
• Zoning changes are to be consistent with with Town this time
the Land Use Element of the Orange
County Comprehensive Plan, and the
County approves Plan and zoning changes.
_LJNC THE UNIVERSITY
COLLEGE OF of NORTH CAROLINA
.ARTS & SCIENCES at CHAPEL HILL
DEPARTMENT OF CITY AND
REGIONAL PLANNING
NEW EAST BUILDING T 919.962.3983
CAMPUS BOX 3140 F gi9.962.52o6
CHAPEL HILL.NC 27599-3140 www planning.unc.edu
9 February,2009
Valerie P. Foushee, Chair Tom Stevens,Mayor
Orange County Board of Commissioners Hillsborough Town Board of Commissioners
200 South Cameron Street 101 East Orange Street
Hillsborough,NC 27278 Hillsborough,NC 27278
Dear Commissioner Foushee and Mayor Stevens:
Please accept the accompanying Preliminary eport from the Rail Station Task Force.
The Task Force was formed last October to "Define best practice criteria for
recommending the selection of a location for a train Station," and to "Apply these criteria
to selected parcels in the Hillsborough area to recommend [to the Commissioners of
Orange County and Town of Hillsborough] the best location for a Hillsborough station."
After many weeks of research and discussion,we were able to draft a thorough list of site
selection criteria,and to tailor that list to the specific needs of Orange County. We also
agreed upon a "long list" of seven potential station sites along the rail corridor through
Orange County,from Efland in the west to University Station in the east. Applying the
evaluation criteria to these sites—and taking into account the input of North Carolina
Railroad's consulting engineer,James K.Kessler;as well as public sentiment gauged at
an Open House in January and via the Town of Hillsborough website—we narrowed the
options down to two: the Collins Parcel and the Old Depot Site.
It is the consensus of the Task Force that,all things considered,the best site for an
Amtrak and commuter rail station to serve both Hillsborough and Orange County well
into the future is the Collins Parcel. However,because the Old Depot Site ranked highly
in our assessment and proved to be the single mogt popular site in the estimation of the
public,we have decided to forward it to the Commissioners as a back-up,alternative site.
Sincerely,
Thomas J.Campanella,PhD
Chair,Rail Station Task Force
Associate Professor of Urban Design and Planning
Town
of
V. to
MEMORANDUM
To: Mayor Tom Stevens and Hillsborough Town Commissioners
Chair Valerie Foushee and Orange County Board of Commissioners
From: Margaret A. Hauth, AICP, Planning Director
Date: February 11, 2009
RE: Transportation Priorities and Potential Request to NCDOT to Substitute a List of Road
Projects in Place of Elizabeth Brady Road
The extension of Elizabeth Brady Road has been a long standing priority for the Town of
Hillsborough. We have been waiting in excess of two years for the release of the draft
Environmental Impact Statement on the three potential alignments that the Department of
Transportation is studying(map attached).
In late 2008, the Town received word from NCDOT staff that the Federal Highway
Administration had concerns that the options being studied for Elizabeth Brady Road did not
adequately address the Statement of Purpose and Need for the project (see below). One option
for the town was to cease consideration of the Brady project and look at other projects that might
address the traffic issues. The town's interest was maintaining the funding already allocated to
Brady and trying to maintain the timeframe for on the ground improvements. Federal Highway
Administration is reconsidering their position and considering other performance measures to
demonstrate the improvements anticipated with the Brady project rather that a strict
"improvement in level of service." Improving the level of service would imply moving from an
F to a D or a C to a B which is not anticipated with the improvements planned.
The Statement of Purpose and Need for the Elizabeth Brady Road extension is:
1. Reduce traffic congestion and improve level of service in the central business district of the
town of Hillsborough, including Churton St and St Mary's Rd, and
2. Improve traffic safety along Churton Street and NC 86
The Town is pursuing a"swap"of projects with NCDOT. That is to say, investigating whether
the Brady Road funding could be shifted to a package of projects(some identified and some not)
that address congestion issues in Hillsborough without losing significant time in the funding
allocation. The MPO has indicated interest in supporting the Town on this effort as it reinforces
the local control and priority setting that the MPO supports.
• I
Presently,the following projects have been identified:
1. South Churton Street widening
2. Orange Grove Road extension to US 70 A
3. Alignment of Orange Grove Road and Eno Mountain Road
NCDOT has conceptually agreed to share the model that was created to analyze the impacts of
the Brady project. This model contains finer grain information than the regional model. The
information about employment and population is current.
The Town understands that Orange County wished to discuss this jointly. It is the Town's
interest to see whether Orange County would be able to assist financially with additional traffic
studies that may be needed to identify the range of projects included in the"swap."
The Town is just beginning to investigate all the necessary steps to make this"swap"possible. It
is a fiirther interest of the Town to maintain the Brady project as a priority until there is a clear
understanding with the State about any swap so the funds are not allocated to another project and
the timeframe for improvements is unnecessarily extended.
As the MPO is currently preparing the priority list for submittal to NCDOT for the future TIP,
there is roughly one year's time to identify a range of projects and work out details of a"swap"
before the new TIP is finalized.
Elizabeth Brady Road Extension Alternatives
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From: Dianne Cates 0
To:Margaret Hauth, feates5000@aol.com
Date: Tuesday,February 10,20091:02:13 PM
Subject: Shopping Center-Orange Transit parking
Dear Margaret,
It has been over a year that the North Hills Center has allowed the Orange Transit Bus System to
use parking spaces and operate out of the parking area at the Center in Hillsborough We are not
opposed to the existence of this but there does need to be a fee for this use.About five months ago,I
brought this up to you. It was my understanding that you would let me know v„rhat the fee should be. We
ask again that this be established-
We are prepared to ask for what we consider just compensation for the use of the lot and parking
spaces.The county and town have raised our property tax value by $350,000.00. I think it is only fair
that there be a fee for usage and it should be immediate.
Sincerely,
Dianne Cates
Property Manager
North Hills Center
Hillsborough,North Carolina
Mailing address:
Dianne Cates
119 W.Orange Street
Hillsborough,N.C.27278
Contact#919-2804767
E-mail: Ciiilili2l L'ilit�,[i't':liElKi.t;0711
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TO: Laura Blackmon, County Manager
FROM: Gwen Harvey,Assistant County Manager
Gayle Wilson, Solid Waste Director
Bob Sallach, Olver,Inc.
RE: Solid Waste Transfer Station Site Selection Process
DATE: February 12, 2009
The County staff and consultant team provided a progress report to the Board on January
22, 2009 outlining actions taken since the decision on December 11, 2008 to proceed
with the evaluation of two candidate sites located west of Orange Grove Road on NC 54—
Site 056(West 54, LLC)and Site 759 (OWASA).
The progress report provided the following:
Status of technical due diligence on candidate sites
The site evaluation and acquisition process entails environmental assessment, surface
water assessment, archeological and cultural review, flora and fauna review; boundary
surveying, appraisal, and negotiation of purchase price. An Environmental Assessment is
nearing completion on Site 056. The OWASA Board has voted to deny County access
and cooperation on Site 759.
Possible destinations for transferred waste
Olver, Inc. has identified a total of 10 private landfills in North Carolina and Virginia
within 150 miles of Orange County as disposal options.
Contingency planning should transfer station not be ready when Eubanks Road reaches
capacity in 2011
Engineering requirements for interim transfer methodologies and associated costs remain
under serious study. Preliminary plans support the likelihood of a temporary operation at
the Eubanks Road site to simplify State permitting and regulatory provisions.
A proposal for creating an advisory group as conduit for news, information and concerns
once final site is determined
Olver, Inc. is currently involved in a successful model in Wake County utilizing
community volunteers to facilitate on-going dialog among affected residents. The Orange
County group would meet monthly during the permitting and design project phases with
the singular intent to make the transfer station the best that it can be, meaning the design,
AREA CODE (919) 245-2300 • 688-7331 • FAX (919) 644-3004
Ext. 2300
a
development and operations reflect the desires of the surrounding community to the
greatest extent practicable.
After a brief presentation, public comment, and general discussion, the BOCC gave
the following feedback and direction to County management:
• Investigate on a parallel track to proceeding with siting of a transfer station as
determined possible alternative approaches, partnerships, and methodologies for
solid waste disposal in Orange County, in consultation with the Solid Waste
Advisory Board and other interested citizens
• Form an advisory board and add to the mission to address the concerns of citizens,
with the goal of minimizing impacts on the citizens, and invite the towns to
participate in the process in the process
The County staff and consultant team has met and is proceeding along parallel tracks by
in the ongoing analysis of the two sites selected along Hwy. 54 and developing
alternative solutions to that plan. Our intent is to use the Solid Waste Advisory Board
(SWAB) as the convener and forum for reviewing and evaluating various alternative
approaches, including the co-generation concept raised by UNC; revisiting the GBB
report: Alternative Waste Processing Technologies Assessment, and information
submitted by Orange County Voices (OCV) on private vendor contracts.
The University, OCV, private haulers/vendors, and other stakeholders will be invited to
participate in an open, structured dialog to bring a comprehensive response back to the
Board by April 2009. The SWAB met on February 6 to begin their role in the overall
process including work elements and a schedule to meet the charge from the Board.
Members of Orange County Voices were in attendance and are expected to remain active
throughout the discussions.
The second motion dealing with the Community Advisory Group (CAG) stipulated the
towns were to be specifically invited to participate. The CAG will be convened once the
final site is selected as its representatives most likely will come from the immediate
neighborhood. As we approach the point of decision, County management will draft a
letter to the Town Mayors from the Board Chair apprising them of the Board decision to
establish a CAG using the model presented by Olver, Inc. on January 22. The letter will
request the Towns consider naming representatives such as their public works
professionals to be involved.
2