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HomeMy WebLinkAboutAgenda - 03-22-1999 . ORANGE COUNTY BOARD OF COMMISSIONERS AGENDA B®CC Work Session 7:30pm March 22,.1999 Government Services Center Hillsborough, NC 1. Resolution Regarding Carrboro's Proposed Amendments to the Town's Land Use Ordinance to Implement the Small Area Plan for Carrboro's Northern Study Area. within the Joint Planning Agreement 2. Closed Session "To~consider the qualifications, competence, performance, character, fitness, conditions of appointment, or conditions of initial employment of an individual public officer or employee or prospective public officer or employee;" NCGS § . 143-318.11(a)(6) Orange County Commissioners P. O. Box 8181 200 S Cameron Street Hillsborough, NC 27278 Alice M. Gordon, Chair Stephen H. Halkiotia, Vice Chair Margaret W. Grown March 19 , 19 9 9 Moses Carey, Jr. Barry Jacobs Mayor Michael R. Nelson Joal Hall_Broun Hilliard Caldwell Jacquelyn. Gist Diana~McDuffee Allen Spalt Alex Zaffron Carrboro Board of Aldermen 301 W. Main Street Carrboro, North Carolina 27.510 Dear Mayor Nelson and Aldermen: fat On February 19, 1999 Patricia McGuire transmitted to John Link and .Gene Bell proposed amendments to the Town's Land Use Ordinance which are intended to implement the recommendations of the Small Area Plan for Carrboro's Northern Study Area'(NSA). The transmittal letter refers to the public hearing Carrboro will hold on March 23, 1999 on'those ordinance text amendments. Tt also refers to Section 2.6, subsection C of the Joint Planning. Agreement and its process. The Orange County Board of Commissioners has~not received an analysis from its Planning staff concerning the proposed ordinance text amendments. Neither has it had an opportunity to consider the. proposed amendments. The Board had hoped to receive a presentation about the ordinance from your Planning staff and your attorney during the March 16, 1999 Board of Commissioners meeting.~However, that presentation was not made because the related agenda .item had not been reached by 11;00 p.m. At that hour the Board members were not able to hear~a presentation concerning these complex amendments. Further, following an opportunity to receive your Planning staff presentation and to raise questions with your Planning staff and your attorney, the Board of County .Commissioners wants to take time to review and discuss among its members the ordinance amendments before taking action. At this time, based on the recommendation of the county attorney, I anticipate that the Board of County You Count In Orange County AREA CODE (9I9j 732-8I8I : 968-4501: 688-733Y : 227-2031: FAX (9I9) 64~ 3004 . Fs~ 2130 i `. Mayor Michael R. Nelson Carrboro Board of Aldermen Page 2 March 19, 1999 Commissioners will need at least two meetings to accomplish this task and that it may be May 4, 1999 before the Board can make a final determination concerning these ordinance amendments. In short, as Mayor .Nelson and I discussed on the telephone, Orange County needs more time to complete its review of this very important matter... It appears that the letter from Bob Morgan to John Link, dated February 23, contemplates the possibility of a County review after March 23. The letter references the memorandum from Patricia- McGuire, but then provides a timeline that shows a joint discussion of the NSA ordinance provisions on March 30 along with a joint setting of the remainder of the schedule. Finally, Mr. Morgan's letter indicates that the Aldermen do not anticipate voting on•the ordinance amendments until comments and/or~concurrence have been- received from Orange County. It seems to Orange County that its review time can be lengthened in one of two ways. Carrboro can agree, prior to the. time it commences its March 23, 1999 public hearing on the proposed amendments, to extend the time available to Orange County to review, comment on or object to the amendments to a time beyond the commencement of the public hearing. Alternatively, Orange County can object to the amendments prior to the commencement of the public hearing; in which case the time for Orange County review and comment is extended automatically and indefinitely. Orange County would prefer that the time be extended and requests a sixty (60) day.. extension. Orange County will reluctantly have to exercise the objection option if that is its only alternative. The Board of County Commissioners would like a signal that the time that Orange County has to file written comments or objections to the Carrboro Land Use Ordinance text amendments will be extended:. Please signal us with a letter indicating you have consensus on your Board for ~hi-s extension. Based on advice from the county attorney; the Board of Commissioners will have a resolution on its agenda for its Monday night; March 22 ,• 1999 meeting;-objecting to the ordinance. amendments. This resolution, by its terms, will take effect only if Carrboro does not extend the County review time to a date beyond May 4; 1999. Again, as Mayor Nelson and I discussed on the telephone, Orange County's goal is to have more time for review and comment on the NSA ordinance amendments.• Mayor Michael R. Nelson Carrboro Board of Aldermen Page 3 March 19, 1999 Thank you very much for your consideration of Orange County's recauest for an extension. Sincerely, ~.~- Alice M. Chair Gordon, AMG/GAG/lsg xc: Margaret Brown Moses. Carey, Jr.. Steve Halkiotis 3arry Jacobs john M. Link, Jr. Craig Benedict Geoffrey =. Gledhill Michael a. Brough Robert W, Morgan mydocumeats/maynola.ltr NORTH CAROLINA ORANGE COUNTY RESOLUTION WHEREAS, in a February 19, 1999 memorandum to-John M. Link, Jr., Orange County Manager and R. Eugene Bell, Orange County Interim Planning Director from Patricia J. McGuire, Carrboro~Land Use Planner, Orange County was provided with proposed amendments to the Town's Land Use Ordinance intended to implement the recommendations of the Small,Area Plan for Carrboro's Northern Study Area thereafter °the~~aroposed amendments"); and WHEREAS, the February 19; 1999 memorandum states that Carrboro has scheduled a public hearing on the proposed amendments for March 23, 1999; and WHEREAS, the memorandum further cites Section 2.6, subsection C of the Joint Planning Agreement and requests Orange County objections, if any, to the proposed amendments in writing on or before the March 23, 1999 public hearing; and WHEREAS, Orange County has not been able to determine that the proposed amendments are. consistent with the adopted Joint Planning Area Land Use Plan. NOW, THEREFORE, BE IT RESOLVED that: 1. Orange County objects to the proposed amendments on the basis that the proposed amendments are not consistent with the adopted Joint Planning Area Land Use Plan; 1 2, this resolution shall take effect immediately prior to the commencement of the March 23, 1999 public hearing on the proposed amendments, but only if the Carrboro Board of Aldermen, prior to the commencement of the March 23, 1999 public hearing on the proposed amendments, does not extend the time within which Orange County has to review the proposed amendments to a date beyond May 4, 1999. Upon motion of Commissioner Brown ~ :, seconded by Commissioner Halkiotis the foregoing resolution was adopted this the 22nd day of March, 1999. I, Beverly A. Blythe, Clerk to the Board of Commissioners for the County of Orange, North Carolina, DO~HEREBY CERTIFY that the foregoing is a true copy of so much of. the proceedings of said Board at a meeting held on March 22, 1999 as relates in any way to the adoption of the foregoing and that said proceedings are recorded in Minute Book No. 28 of the minutes of said Board. - WITNESS my hand and the seal .of said County, this 23rd day of March 1999. S~1 p ~ pf ~ r~ ~. ; ~ 4 ' ~ l7 l ~' ° ,5z °j11; ,`~. ~ ~ `~ ~ ~~ ^„-~ . ``1~or~ ~ ~ fl ~ o`:~~'Q' :, Clerk to e Board o Commissioners 2 Feb-Z-4=99-03-:-2-OP Town---of----Ga-rrbaro- - ---- --------919-968--77-37-----------.---- P~O2 ~- T~1~~ C?F C./aRRaI~C3 NORTH CAROLINA Febniary 23,1999 John Link Orange County Manager PO lox >i 181 Hillsborough, 27278 1V1r. Link: On February 19, 1999, Patricia McGuire transmitted to you and CTene i3e11 copies of the land use ordinance text amendments for the Narthem Study Area as per the process specified in the Joint Planning 1lgreement. t1t its meeting on February 16, 1999, the Carrboro Mayer aad Boazd of Aldermen approved a purposed timeline for Teview of these amendments. The timeline is as follows: ® Mazch l 6 Regularly scheduled meeting of Change County Cammissioners..PoBsible date of presentation on NSA ordinance prior to date of the public hearing. ® Mazch 23, 1999 Carrboco Mayor and Board of Aldermen hold a public hearing on revised NSA ordinance. Board of County Commissioners is invited to attend this public hearing. ® March 30, 1999 Tentative date of joint meeting between the Change County Commissioners and the Carrboro Mayor and Board of Aldermen to review provisions of NSA ordinance following date of public hearing. The remainder of the schedule will be worked out of this joint meeting. This schedule suggests that the Carrboro Mayor and Board of Aldermen do not anticipate voting on the ordinance amendments until comments and/or concurrence have been received from the Orange County Board of Commissioners on March 3Q or Borne future date. The Board is interested in concluding this process as quickly as possible since the moratorium is no longer in ef~eet. The above timeline is submitted for the Orange County Conunissioncn' consideration. My staffand t stand ready to assist you in presenting these amendments to the County Commissioners. Thank you for your assistance in this matter. Sincerely, bert W. Morgan '!"own ivianager 301 WEST wa~N STgEET Cgkneon0. NC ~751p • ~®la~ g.Z,A~41 Fax <919! 968.7T3'f • TDO r®191 fl8®~7~17 AN EgUAL OPpORYUNITY EMPLO-ER TOWN OF CARRBORO NORTH CARClLINA d ~ ~~ ~ .:~ To: John M. Link, Jr., Orange County Manager / R. Eugene Bell, Interim Planning Director c~ Frown: Patricia J. McGuire, Land Use Pl ,, Date: February 19, 1999 ~ '' Subject: Carrboro Land Use Ordinance Text Amendments Amendments to the Town's Land Use Ordinance have been proposed and scheduled for public hearing on Mazch.23, 1999. The amendments aze described below: Implementation ~ of the Recommendations of the Small Area Plan for Carrboro's Northern Stu Area. The amendments consist of 27 revisions or additions to the existing ordinance. The sections cover density calculations, open space requirements, mitigating impacts of non residential uses, environmental protection, affordable housing, advisory boazd representation from the Northern Transition Area, and site planning procedures. The ordinance revisions are included in the 35-page "2/19/1999 Draft Copy of Proposed NSA Ordinance," and the following supporting materials: 1) Village Mixed Use and Affordable Housing .Vernacular Architectural Standazds 2) Northern Transition Area Stream Buffer Map 3) Appendix') Section 2.6, subsection C of the Joint Planning Agreement requires that Carrboro provide Orange County with a copy of the proposed amendments no later than thirty (30) days prior to a public hearing on any changes. The full .text of the draft ordinance that will amend the Town's Land .Use Ordinance and supporting documents aze attached. Please submit any objections to the proposed amendment in writing on or before ~ the ;public. hearing date of Mazch 23, 1999. We look forward to receiving your comments, .and appreciate your attention. If you have any questions or need clarification, don't hesitate to call. Attachments 301 West Main Street, Carrboro, NC 27510 ®(919) 968-7714 a FAX (919) 968-7737 . TDD (919) 968-7717 AN EQUAL OPPORTUNITY EMPLOYER