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HomeMy WebLinkAboutAgenda - 06-03-2003 - 8mORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: June 3, 2003 SUBJECT: Orange County /Hillsborough Courtesy Review Agreement DEPARTMENT: Planning and Inspections ATTACHMENT(S): Action Agenda w Item No. s� PUBLIC HEARING: (Y /N) No INFORMATION CONTACT: Revised Draft Agreement with Revised Map Craig N. Benedict, ext. 2592 Reservation of Utility Capacity for Review Purposes Checklist TELEPHONE NUMBERS: Hillsborough 732 -8181 Chapel Hill 968 -4501 Durham 688 -7331 Mebane (336)227 -2031 PURPOSE: To consider a revised Courtesy Review Agreement, including checklist, with the Town of Hillsborough. BACKGROUND: This agenda item was continued from the May 20, 2003 BOCC meeting in order to revise the attached Courtesy Review Agreement checklist. Section 2.1 of the agreement text sets forth the ability of either Orange County or Hillsborough to request a joint meeting. The checklist was intended to simplify the steps to be followed and item number 11 has been added to mirror the language in the text of the agreement. This item was discussed at the January 29, 2001 Board of Commissioners work session and again during a joint meeting with the Town of Hillsborough on January 31, 2001. The Board adopted the agreement on March 6, 2001. Hillsborough discussed the agreement that spring, but did not adopt it. A joint staff work group composed of John Link, Orange County Manager, Craig Benedict, Orange County Planning Director, Eric Peterson, Hillsborough Town Manager, Demetric Potts, Assistant Town Manager and Public Works Director, and Margaret Hauth, Town Planning Director worked on the outstanding issues in late 2001. The process for distribution of development project review material in each local government is not included in the agreement because it is an internal process. The agreement does include the five working day timeframe for return of comments. This timeframe is important because it allows time for review and comment while still permitting both parties to adhere to adopted agenda review and distribution schedules. The process proposed in Orange County by staff includes forwarding the material to the BOCC as soon as possible through hard copy or e-mail without staff comment. Staff and BOCC comment independently and the comments are 2. collected, incorporated and distributed to Town of Hillsborough by staff. If the BOCC wishes to have the Hillsborough project presented by staff at a regular meeting or work session, then this likely would require: 1. A request from the Chair to the Mayor for more time, and 2. Discussion with the County Manager and Chair to choreograph an appropriate meeting date. In accordance with Section 2. 1, 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 agrees to delay its approval process and /or commitment for utilities for the project in question 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. MAY 5, 2003 JOINT MEETING: The primary discussion of the courtesy review agreement related to the utility service provision process in the Orange County planning jurisdiction. The attached chart shows the process whereby the Planning Board reviews the proposal at the Concept Subdivision Stage prior to Hillsborough being formally notified for utility commitment. A joint meeting could be requested at that time. The timeframe of a five-day 'turnaround' for comments can be difficult in some cases, so an increased timeframe may be warranted for certain projects. This issue was discussed at the meeting. Hillsborough is considering expanding the application and review period. FINANCIAL IMPACT: There is possible personnel resource impact as an existing planner would add to their responsibilities and be assigned to react to proposals in relatively short time frames and attend meetings to understand the proposal and offer comment. RECOMMENDATION(S): The Administration recommends that the Board APPROVE the revised Courtesy Review Agreement and checklist. 3 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: 4 1. Land use amendment involving five (5) acres, 2. Rezoning involving five (5) acres, 3. Special Use Permit 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. 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 1.2B 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 agrees to delay its approval process for the project in question in order to accommodate the joint 5 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 petition for application. 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 0 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 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. 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. Social services 5. 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. 2. The Hillsborough Town Board will decide within 2 month of receiving the petition whether to formally reserve utility capacity for a project based on a preliminary concept plan. Water use will be projected based on the concept plan. h 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. /\/ fmft Stroarrr Upper Eta Rkw Wamrs?" .Par,&" Lam Walersw ::• :=Lak=o =IW RIVW WaWshed eggg� ty MOSborough Primary SOVIM Arm Mbar SWWW Area OWASA Long Term k0lereSt Aron OWASA Primary SWVICN At" 0rWW Co L0nqTWm, WWW Ana 0, Co Primary SerAce Am Appendix A Orange County aaaa Hillsborough Courtesv Review Area 2 Miles Jurisdictions 0 C—rt-y RWW. Ar" ---y HililaboroughCity Umft creew by Bob" 8WAI&V HINsborough ETJ omw cowwy P%W—V Or*(W County Ma 5, "M ORANGE COUNTY/TOWN OF HILLSBOROUGH COURTESY REVIEW AGREEMENT Reservation of Utility Capacity for Review Purposes 0 O m 1. Pre - application meeting between Orange County Planning Staff and developer. (a) Developer submits three (3) copies of proposed Concept Plan for review with regards to: • Feasibility • Meets zoning /subdivision regulations • Multiple Concept Plans including Yield Plan, Flexible Development/Conservation Cluster with and without public water and sewer. 2. One copy of Concept Plan to BOCC. 3. One copy of Concept Plan with OC Planning Staff comments sent to Town of Hillsborough for preliminary review. 4. Orange County Staff and Planning Board review and recommend preferred Concept Plan subdivision design. 5. Applicant formally petitions Town of Hillsborough for Reservation of Utility Capacity. 6. Hillsborough Board of Commissioners acts on petition within two (2) months. 7. Reservation of Utility Capacity to be valid for two (2) years, during which time applicant must negotiate with the Town a contract for extension under the Town's policies and fee schedule. 8. Orange County Staff and Planning Board review and recommend preferred Concept Plan subdivision design. 9. Applicant submits Preliminary Plan to Staff and OC Planning Board. 10. OC Planning Board reviews and recommends Preliminary Plan and forwards to OC Board of County Commissioners. 11. Board of County Commissioners may request a joint meeting with Town of Hillsborough if necessary. 12. Board of County Commissioners review and act upon application. 13. Staff reviews Final Plat application and associated documents to ensure compliance with Resolution of Approval. 14. Final Plat recorded.