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HomeMy WebLinkAboutAgenda - 03-29-2012 - C1ORANGE COUNTY BOARD OF COMMISSIONERS AND TOWN OF CHAPEL HILL COUNCIL JOINT PLANNING AREA (JPA) JOINT PUBLIC HEARING ACTION AGENDA ITEM ABSTRACT Meeting Date: March 29, 2012 Action Agenda Item No. C.1 SUBJECT: Information Item - History of Joint Planning Area DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) Yes ATTACHMENT(S): INFORMATION CONTACT: Historic Information Craig Benedict, Orange County Planning Director, 245-2575 PURPOSE: To receive information regarding the history of the Joint Planning Area. BACKGROUND: At the request of the Board of County Commissioners (BOCC), Orange County Planning staff is providing brief information regarding the history of the Joint Planning Area (JPA) and its associated Agreement. The BOCC requested this information because there has not been a joint public hearing on any JPA items since 2007. The attached information contains a portion of the Introduction from the Joint Planning Land Use Plan document and an excerpt from materials provided as part of a 1996 memo on the JPA. The full Joint Planning Land Use Plan document, which includes the Agreement in Appendix A, and salient maps are available on-line at: http://www.co.orange.nc.us/planning/Documents.asp A formal presentation of these materials is not scheduled for the March 29, 2012 joint public hearing, but Planning staff from both the County and Town will be on hand to answer any specific questions Commissioners or Councilors may have. FINANCIAL IMPACT: There is no financial impact in receiving this information. RECOMMENDATION: The Orange County Planning staff recommends the Board and Council review the attached and on-line materials as desired and ask County and/or Town planning staffs questions as needed. Excerpts from Joint Planning Land Use Plan SECTION I INTRODUCTION Chapel Hill and Orange County entered into a Jaint Planning Agreement in 1984 which called for the preparation of a Land Use P1an ~or the areas immediately surraunding Chapel Hill and Carrboro but outside the extraterritorial planning jurisdictians- of the two towns. At the saYne time, Chapel Hil.l. was also in the process of revising its Land Use Plan. The two efforts were pursued simultaneously as a Land Use Plan for Chapel Hill and the Joint Planning Area. The work was undertaken by the staffs and Planning Boards of Chapel Hill and Orange County. Background data was collected and analyzed as the starting point for preparation of the Plan. Hundreds of pages of text and tables along with dozens of maps were assembled. Though not a party to the Joint Planning Agreement, Carrboro was a].so updating its Land Use Plan. It alsa participated in the preparation of the Land Use Plan. ~ In an effort to promote public review of this information and stimulate public discuss.inn about the issues, a public information meeting was held on November 13, 1985. The results of the meeting coupled with the background data and public hearings in January and April of 1986 were merged to produce the Joint Planning Area Land Use Plan. The Plan was recommended by the Chapel Hill Town Council on July 14, 1985, partially adopted by the Orange Coun~y Board of Cammissioners on August 19, 1986, and adop~ed in its entirety by both the Tawn. Council and Board of Commi.ssioners on October.l3, 1985. In addition to the preparation of a Joi.nt Planning Area Land Use Plan, the I984 Joint Planning Agreement established pxocedures for the approval of land development projects in designated Transition Areas. Projects were pres~nted at joint public hearings involving the Chapel Hill Town Counci]. and the Orange County Board of Commissioners, and required the approval of both governing baards t4 proceed to the construction phase. The procedure proved, however, to be administra~ively awkward, and, on Februaxy 3, 1987, a revised Agreement was adopted by Chapel Hill and Orange County. While streamlining the cumbersome review/approval procedures inherent in the original Joint Planning Agreement, the revised versian was never implemented. The Town af Carrboro entered into discussions with Chapel Iiill and Orange County, and, on November 2, 1987, a new Jo.int Planning Agreement was adopted 1 involving all ~hree jurisdictions. The new Agreement did not take effect, however, until the following steps were taken: 1. Amending the Orange County Zoning Ordinance (including Zoning Atlas) and Subdivision Regulations ta include the following: a. A Zaning Map prepared by Chapel Hill for that portion of the Transition Area that lies in the Chapel Hill Joint Development Area {CHJDA), and the Chapel Hill Land Development Ordinance, making its provisions epplicable to that portion of the Transitian Area located within the CHJDA; and b. A Zoning Map prepared by Caxrboro for that portion o~ the Transition Area that lies in the Carrboro Joint Development Area (CJDA), and the Carrboro Land Use Ordinance, making its provisions applicable to that portion of the Transition Area located within the CJDA; and 2. Amending the Joint Planning Land Use Plan text and map to retlect the existence and show the location of Transition Area I and II designations. On June 30, 1988, public hearings were held to receive citizen comment on the proposed Chapel Hill and Carrboro Zoning Plans and the incorporation, by reference, of the Land Development ordinances of the two municipalities into the Orange County Zoning ordinance. xearings were also conducted on the designation of Transition Areas I and II, as well as . other map and text amendments, in the Joint Planning Area Land Use Plan. On September 6, 1988, the Boazd of Cominissioners adopted the amendments to the Joint Planning Area Land Use P1an, and Orange County Zoning Ordinance and Atlas. The amendments to the Joint Planning Area Land Use Plan were adopted by the Chapel Hill ~awn Council and the Carrboro Board of Aldermen on July 11, 1988 and July 12, 1988, respectively. Concurrent with the Board of Commissioners action, the Joint Planning 1 Agreement adopted an November 2, 1987 took effect. Major provisions of the Agreement are summarized on the . accompanying pages. A complete copy of the Agreement is provided in Appendix A. 2 SVPIIrlARY OF THE JOINT PLANNING AGREEMENT The Joint Plari.ning Area is an area outside the extraterritorial planning jurisdictions of the Towns of Chapel Hill and Carrboro, but with the Joint Planning Area boundary as shown on the acco~npanyin.g map. The Joint Planning Agreement adopted on November 2, 1987 .is a formal agree~tent between Orange County, Chapel Hill, and Carrboro. A summary of~the major provis~ions of the Agreement is as ~ollows: 1. Providas fior the application of Chapel Hi11 and Carrboro develapment standards within Transition Areas designated in the Joint Planning Area Land Use Plan, following the adoption of a zoning map and district .designations based on the Towns' respective Zand Development Ordinances and consistent wi.th the land use categories cantained in the Joint Planning Area Land Use Plan. ~ ~. Permits the Towns of Chapel Hill and Carrboro to perform ail functions related to the administration of their respective Land Development Ordinances within designated Transition Areas. Such functa.ons. may i.nclude, but are not limited to, processing applications, issuing permits, approv.ing site/construction plans, and conducti.ng bui.lding inspections. Orange County would have the right to revi.ew and comment on development applications. 3. Provides for Orange County's canti.nued application and administration of its development standards w.ithin designated Rural Buffer areas. Chapel Hill and Carrboro wou~d have the right to zeview and commant on development applicatians. 4, Provides amendment procedures for the Joint Planning Area Land Use Plan text and map, including the required approval of all three governi.ng bodies. . 5. Provides amendment procedures for the Towns. ,development standards applicable within Transition Areas, including referra7. to and approval by Orange County. . 6. Places limitations on the ability of the Towns to annex within the Rural Buffer areas and within each other's Transition Areas. 7. Provides tox representata.on on the Towns' Planning Boards and Boards of Adjustment~by Transition Area residents. ' 8. Until Orange Watez~ and Sewer Authority compl~e~~s ~~ a study of Univers3.ty Lake Watershed, no p y the agreement can annex in the watershed, or approve or encourage water and sewer extens~.ons i.nto the watershed. The provision is contaa.ned in an appendix to the Joint Planning Agreement. A complete capy of the Joint Planning Agreement is prova.ded in Appendix A. ~ Excerpt from a Memo dated May 24, 1996 for the May 30, 1996 Assembly of Governments Meeting History of 3oint Plan~n~ During the 1950s and 1960s, the North Carolina State Legisla~re gran#ed Chapel Hiil and Carrboro the right to enact zoni.ng ordinances ~n.d ~g~iati.~~ for certain designated areas suzxounding the Towns. Thes~ designate~d ar~s a~ ~wn as an extraterritorial planning jurisdiction (ET~. Each Tawn adopts zoning and controls development of land within its respective extraterritoriai planning jurisdiction (ETJ). During this period of time, land located ou~side of Chapel Hill's or Carrboro's corporate limits and planning jurisdictions was zoned and controlled by 4range County. During the late 1970s and early 19$Os, urban growth began to occur outside of Chapel HiII's azad Carrboro's corporate limits and extraterritorial planning jurisdictions. In particular, growth began to occur north of Chapel Hill's extraterritorial planning jurisdiction (ET~ boundary; and, Orange County had begun to approve devetopments outside of C~tapel Hill's planning jurisdiction that would eventixally be annexed into the Town's corporat~ limits (ex. Timberlyne Subdivision). A philosophy for joint planning emerged as an opportunity to provide Chapel Hill and Carrbozo with some planning and zoning control over future growth areas outside of each Town's extraterritorial planning jurisdietion (ET~. Joint planning also provided the opportunity for the County to retain some zoning control over thes~ grow~ ar~ ~r~ a~.sc~ ~e€t~g a 2imit for urban sprawl and providing a transitian fram ~n ~ra~ Co a r~nral envirox~n~ ~the ~~a.l buffer). In general, the purpose o€ joint ~ianriing is to provide a method of coordinated and comiprehensive planning for areas that are of interest to aIl three jurisdictions. Developme ~f ~ Joint Planning Agreement In 19$4, the Town of Chapel Hill and Orange Counry entered into a Join# PIanning Agreement that called for the development of a Land Use Plan for the areas immediately surrounding Chapel Hill and Carrboro, but located outside the extraterritorial planning jurisdictions (ETJ Lines) of the two towns. These areas outside of each Town's respective corporate limits and planning jurisdiction were lrnown as Jaint Planning "Transition Areas." Iuitially, 'the Town of Carrboro was not a party to the Joint Planning Agreement. The staffs and Planning Boards of Chapel Hill and Orange County proceeded to develop a Land Use Plan. The Town of Carrboro was also updating its Land Use Plan and began to participate in the Joint Pianning process. A public information meeting was held in November of 1985. The results of this meeting combined with public hearings in January and April of 1986 were merged ta produce the Joint Planning Area. Land Use Plan. The Ptan was adopted by the Chapel Hill Town Council and the Orange County Board of Commissioners on October 13, 19$b. Following efforts to streamline the review pracess for deve~opments located in transition azeas, the Town of Carrboro joined Chapel Hill and Qrange County in adopting a new 7oint Planning Agzeement on November 2, 1987. The November 1987 Joint Planning Agreement was amended on April 2, 1990, in order to implement recommended strategies for the protection o€ the University Lake watershed, Please note the referenced agreement is not attached. The current version can be viewed at http://www.co.orange.nc.us/planning/Documents.asp CHAPEL HILL/CARRBORO/ORANGE COUNTY JOINT PLANNING The attached ~Toint Planning ~4greement contains 1 b pages of definitions, standards, and procedures specific to the area known as the Joint Planning Area (JPA). This area is in the County's jurisdiction, but is administered differently than other areas (of county jurisdiction) based on the JPA Agre~ment. The application of land use ordinances in the area is•governed by the jointCy prepared and adopted JPA Land Use Plan. Anv amendments to the ado~ted land ase ~lan or agxeemen~ have to be considered at a joint ~ublic hearin~ and a~~roved by Cha~el ill, arrboro and ran oun to be e ctive. The plan is generally based on two types of areas - Transitian Axeas and the Rural Buffer. Transition Areas "Transition Areas" axe future urban growth areas for Chapel Hill and Carrboro. Administration of land use ordinances in #hese areas was turned over to the towns following adoptian {by Qrange county and ~the respective towns) ,of municipal zoning plans consistent with the adopted JPA Land Use Plan. The agreement defines two Ievels of Transition Area (I and II) for Carrboro, the baszc provisions of which specify that 75% o~ Area I has to develop at urban intensities before urban standards apply in Area II (see page 4 in the agre~r~~nt~. A~ iong as proposed development in the. transition areas is consistent with the adopt~ed zoning, the County's only involvement is courtesy review of projects. Proposals for rezoning in the transition areas (consistent with the plan) require a joint public hearing with the County and relevant town and joint approval of the new zoning. R.ural Buffer Surrounding the urban areas is the Rural Buffer which contains appro~mately 38,000 acres and is defned generaily by the New Hope Creek drainage basin to the north and the University Lake watershed to the west. The Rural Buffer is proj ected to remain rural in character, not require urban services, and annexation is prohibited in this area. The Rurai Buffer {RB) zoning district requires a minimum lot size of two acres for residential development. The Universi~y Lake watershed overlay portion of the RB district permits the first five lots of a deveiopment to be two acres, but requires ail lots in excess of five to be a minimum of five acres in size. The County is responsible for administration of land use o;rdinances in the Rural Buffer, although the tovvns are granted courtesy review of proposed developments in the joint courtesy review area and their resp~ctive jaint development review areas as depicted in the attached map from the agreement.