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HomeMy WebLinkAboutAgenda - 04-08-1998 - 2b023 ORANGE COUNTY BOARD OF COMMISSIONERS CHAPEL HILL TOWN COUNCIL CARRBORO BOARD OF ALDERMEN ACTION AGENDA ITEM ABSTRACT Meeting Date: Apri18,1998 Action Agenda Item # 2 . b SUBJECT: Proposed Amendment to the Joint Planning Agreement DEPARTMENT: Planning PUBLIC HEARING: X Yes No ATTACHMENT(S): -Draft Amendment to Joint Planning Agreement INFORMATION CONTACT: Roy Williford --986-7713 Patricia McGuire - 968-7713 TELEPHONE NUMBERS: Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 967-9251 PURPOSE: To receive public comment on a proposal to amend the Joint Planning Agreement to incorporate the Facilitated Small Area Plan for Carrboro's Northern Study Area accepted by the Board of Aldermen on August 19, 1997. The plan covers both Transition Areas I and II as specified in the Joint Planning Area Land Use Plan (JPALUP), as well as areas within Carrboro's extraterritorial jurisdiction. The amendment to the agreement will remove the density cap of one unit per acre in Transition Area II and combine Transition Areas I and II. In addition, the amendment would allow the Board of Aldermen to establish floating, conditional use zones. BACKGROUND: In February 1992, the Boazd of Aldermen for the Town of Carrboro determined that a comprehensive planning effort was needed for those azeas of the town's jurisdiction which are expected to receive the bulk of any growth and development occurring in the coming yeazs. By late 1993, the planning process was underway, with Town staff providing support to the 31 member Small Area Plan Work Group. In February 1996, a public hearing on the Small Area Plan for Carrboro's Northern Study Area -Proposed Draft for Presentation was held. Due to the issues raised during the hearing, the Boazd of Aldermen proposed that a facilitated U24 planning conference be held, at which a consensus plan would be developed. A Steering Committee made up of elected officials and residents of the study area was established to plan the workshop. The planning conference took place on two Saturdays, approximately one month apart, in the Spring of 1997, with staff of the Orange County Dispute Settlement Center serving as facilitators and Randall Arendt of the Natural Lands Trust providing professional planning .assistance to approximately 150 citizen participants. The original plan was revised in accordance with the consensus of the participants and the Facilitated Small Area Plan for Carrboro's Northern Study Area (NSA) was finalized. During the facilitated meetings at which the NSA plan was developed, it was agreed that meeting participants preferred floating, conditional use zones. Three types are noted, residential, mixed-use, and office/assembly. This strategy was selected, as it was believed that it would provide the highest level of scrutiny for proposed developments. In identifying an implementation strategy, staff and members of the plan's Ordinance Drafting Committee determined that the density cap and Transition Area I and II division (and associated process that requires joint approval for rezoning in these areas) may present a significant obstacle to a conditional use rezoning process. The JPA agreement amendments have been prepared in order to allow the floating zones to "land" anywhere within Carrboro's transition areas, if deemed appropriate during the rezoning process, with approval by only the Board of Aldermen. RECOMMENDATION: The Planning staffs of Chapel Hill, Carrboro, and Orange County recommend approval of the proposed amendments to the Joint Planning Agreement. Following conclusion of the public hearing, the matter should be referred to the Towns of Chapel Hill and Carrboro for decisions and then to the Orange County Planning Board for a recommendation to the Board of County Commissioners. A proposed schedule for consideration is as follows: Chapel Hill Planning Board Recommendation -May 12, 1998 Town Council Decision -May 26, 1998 Carrboro Planning Board Recommendation -April 16, 1998 Board of Aldermen Decision -May 12, 1998 Orange County Planning Board Decision -June 3; -1998 Board of County Commissioners Decision -June 22, 1998 025 JOINT PLANNING AGREEMENT AMENDMENT WHEREAS, Orange County, the Town of Chapel Hill, and the Town of Carrboro entered into a Joint Planning Agreement, dated September 22, 1987, as amended April 2, 1990; and WHEREAS, A Small Area Plan that provides a framework for the future use of land within Carrboro's northern growth area was accepted by the Carrboro Board of Aldermen on August 19,1997; and WHEREAS, the Small Area Plan was the product of a four year planning process that involved numerous public officials, planners, and residents of the affected area culminating in a two-day facilitated workshop sponsored by Orange County, Chapel Hill, and Carrboro, and WHEREAS, the geographic area covered by the Small Area Plan includes Carrboro's Transition Area as identified in the Joint Planning Agreement; and WHEREAS, implementation of the recommendations contained in the Small Area Plan requires certain amendments to the Joint Planning Agreement; NOW, THEREFORE, the Joint Planning Agreement is hereby amended as follows: 1. Section 1.2 (Definitions) of the Agreement is amended by deleting from subsection H ("Transition Area") everything after the first three sentences. (The deleted language divides Carrboro's Transition Area into Transition Area I and Transition Area II and prohibits the density of Transition Area II from exceeding one unit per acre until at least 75% of the area within Transition Area I meets certain developmental thresholds). 2. Section 2.1 (Standards Within the Transition Area) of the Agreement is amended by deleting the last sentence of paragraph B, which provides- "Transition Area II shall have density limited pursuant to Section 1.2H." 3. Subsection 2.6E of the Agreement is amended by rewriting the second sentence and by adding a new third sentence to read as follows- "With respect to property that is located within the CJDA Transition area, changes in zoning classifications, other than changes to the "floating" conditional use districts designed to implement the recommendations of the "Facilitated Small Area Plan for Carrboro's Northern Study Area (i.e. changes to Carrboro's Traditional Neighborhood conditional use district or Office/Assembly conditional use district) may not be made unless and until an ordinance approving such zoning map amendment has been approved both by Orange County and Carrboro following a joint public hearing by the two governing bodies. Changes to the foregoing conditional use districts within the CJDA Transition area may be approved by Carrboro without Orange County's concurrence, but subject to the provisions of Section 2.3 of this Agreement regarding permit administration." THIS AMENDMENT TO THE JOINT PLANNING AGREEMENT is entered into this day of 1998. 0~~