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Home My WebLink About2002 S Planning - Chapel Hill Amendment to the Joint Planning Agreement to Provide a Linkage with the Water and Sewer Management, Planning and Boundary Agreement 5 I, Joyce A. Smith, CMC, Town Clerk of the Town of Chapel Hill, do hereby certify that the attached is a true and correct copy of Resolution 2002-05- 29/R-7 adopted by the Chapel Hill Town Council on May 29, 2002. This the 25th day of July, 2002. 1 ' Joyo A mith, CMC Town Clerk ��1 � t. r W 6 A RESOLUTION AMENDING THE JOINT PLANNING AGREEMENT TO LINK THE WATER AND SEWER MANAGEMENT, PLANNING AND BOUNDARY AGREEMENT TO THE JOINT PLANNING AGREEMENT(2002-05-29/R-7) 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; and WHEREAS, Carrboro, Chapel Hill, Hillsborough, Orange County and OWASA worked for a number of years toward developing a Water and Sewer Management, Planning and Boundary Agreement, and the Orange County Board of Commissioners adopted the Agreement in its final form on December 3,2001; NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council approves the following amendments to the Joint.Planning Agreement: 1) Amend Article 1 to read: ARTICLE 1. PURPOSE,DEFINITIONS, EFFECTIVE DATE, LINKAGE 2) Add Section 1.4 to read: Section 1.4 Linkage with the Water and Sewer Management, Planning and Boundary Agreement The Water and Sewer Management, Planning and Boundary Agreement (hereinafter WSMPBA) is incorporated into this agreement by reference. A copy of the WSMPBA is exhibit B to this agreement. Termination of the WSMPBA does not terminate this agreement. The withdrawal by a party from the WSMPBA does not constitute withdrawal from this agreement. Termination of this agreement or withdrawal from this agreement can only be accomplished as provided in this agreement. 3) Incorporate Appendix A, the map entitled Water and Sewer Management, Planning and Boundary Agreement, as Exhibit B to the Joint Planning Agreement. BE IT FURTHER RESOLVED that the Council authorizes the Manager to transmit this resolution to Orange County for consideration by the Orange County Planning Board and Orange County Board of Commissioners. BE IT FURTHER RESOLVED that the Council authorizes the Mayor to execute, on behalf of the Town,these amendments to the Joint Planning Agreement. This resolution shall become effective upon adoption by the governing bodies of Orange County, Chapel Hill and Carrboro. This the 291h day of May, 2002. 7 TOWN OF CARRBORO NORTH CAROLINA ARD�Q The following resolution was introduced by Alderman Joal Broun ar.d duly seconded by Alderman Mark Dorosin. A RESOLUTION ADOPTING A JOINT PLANNING AGREEMENT AMENDMENT TO PROVIDE A LINKAGE TO THE WATER AND SEWER BOUNDARY AGREEMENT Resolution No. 165/2001-02 Whereas, Orange County, the Town of Chapel Hill, and the Town of Carrboro entered into a Joint Planning Agreement, dated September 22, 1987 and as arr-ended; and WHEREAS, Carrboro, Chapel Hill, Hillsborough, Orange County arid OWASA worked for a number of years toward developing a Water and Sewer Management, Planning and Boundary Agreement, and the Orange County Board of Commissioners adopted the Agreement in its final form on December 3, 2001; NOW THEREFORE, BE IT RESOLVED by the Board of Aldenr...en of the Town of Carrboro that the Board approves the following amendments to the Joint Planning Agreement: 1) Amend Article 1 to read: ARTICLE I. PURPOSE,DEFINITIONS, EFFECTIVE DATE, LINKAGE 2) Add Section 1.4 to read: Section 1.4 Linkage with the Water and Sewer Management, Planning and Boundary Agreement The Water and Sewer Management, Planning and Boundary Agreement (hereinafter WSMPBA) is incorporated into this agreement by reference. A copy of the WSMPBA is exhibit.B to this agreement. Termination of the WSMPBA does not terminate this agreement. The withdrawal by a party from the WSMPBA does not constitute withdrawal from this agreement. Termination of this agreement or withdrawal from this agreement can only be accomplished as provided in this agreement. BE IT FURTHER RESOLVED that the Board of Aldermen authorizes the Manager to transmit this resolution to Orange County for consideration by the Orange County Planning Board and Orange County Board of Commissioners. 301 WEST MAIN STREET, CARRBORO, NC 27510 • (919) 942-8541 - FAX (919) 918-4456 - TDD (800) 826-7653 AN EQUAL. OPPORTUNITY PROVIDER Page 2 8 Town of Carrboro ' Resolution No. 165/2001-02 BE IT FURTHER RESOLVED that the Board of Aldermen authorizes the Mayor to execute, on behalf of the Town, these amendments to the Joint Planning Agreement. This resolution shall become effective upon adoption by the governing bodies of Orange County, Chapel Hill and Carrboro. The foregoing resolution having been submitted to a vote, received the following vote and was duly adopted this 11th day of June 2002: Ayes: Joal Hall Broun, Mark Dorosin, Jacquelyn Gist, John Herrera, Michael Nelson, Diana McDuffee,Alex Zaffron Noes: Absent or Excused: None I, Sarah C. Williamson, Town Clerk of the Town of Carrboro, do hereby certify that the foregoing is a true and correct copy of a resolution adopted by the Carrboro Board of Aldermen at its meeting on June 11, 2002. a h�'PORPOAAT�c� Town Clerk �y � ! c��inunuun��av Excerpt from Joint Planning Agreement 9 September 22, 1987 Amended April 2, 1990 Amended September 30, 1998 Amended February 2, 1999 JOINT PLANNING AGREEMENT THIS AGREEMENT, made and entered into this 2nd day of November, 1987, by and between the COUNTY OF ORANGE, a political subdivision of the State of North Carolina, the TOWN OF CHAPEL HILL, and the TOWN OF CARRBORO, municipal corporations 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 1. PURPOSE, DEFINITIONS,EFFECTIVE DATE , LINKAGE Section 1.1 Purpose of the Agreement The purpose of this Agreement is to establish a method of coordinated and comprehensive planning in the Orange County-Chapel Hill-Canboro Joint Planning Area, as defined herein. Section 1.2 Definitions A. Joint Planning Area. The area within the Rural Buffer and Transition Areas designated on the Joint Planning Area Land Use Map lying outside the extraterritorial planning jurisdiction of Chapel Hill and Carrboro. B. Joint Planning Area Land Use Plan. The Orange County-Chapel Hill- Carrboro Joint Planning Land Use Plan dated April, 1986, adopted by Orange 1 1D Excerpt from Joint Planning Agreement County August 19, 1986 (revised October 13, 1986), amended May 4, 1987 and as it may be amended from time to time. C. Joint Planning Area Land Use Map. The Orange County-Chapel Hill- Carrboro Joint Planning Area Land Use-Map, adopted August 19, 1986 (revised October 13, 1986) and as it may be amended from time to time. D. Carrboro Joint Development Review Area(CJDA). The area lying generally west of a division of the Joint Planning Area and shown as such on the copy of the Joint Planning Area Land Use Map attached to this Agreement, labeled Exhibit A, and incorporated herein by reference. Exhibit A is appended to this Agreement solely for the purpose of indicating the CJDA and the CHJDA boundary. Exhibit A is an accurate copy of the Joint Planning Area Land Use Map as of the effective date of this agreement. However, it will only be changed as the Joint Planning Area Land Use Map is amended if the Map amendments change the location of either the CJDA or the CHJDA. E. Chapel Hill Joint Development Review Area(CHJDA). The area lying generally east of a division of the Joint Planning Area and shown as such on the copy of the Joint Planning Area Land Use Map attached to this Agreement, labeled Exhibit A, and incorporated herein by reference. Exhibit A is appended to this Agreement solely for the purpose of indicating the CJDA and the CHJDA boundary. Exhibit A is an accurate copy of the Joint Planning Area Land Use Map as of the effective date of this agreement. However, it will only be changed as the Joint Planning Area Land Use Map is 2 Excerpt from Joint Planning Agreement 11 amended if the Map amendments change the location of either the CJDA or the CHJDA. F. Joint Courtesy Review Area. A portion of the northern Rural Buffer Area bounded on the east by I-40 and shown as such on Exhibit.k. G. Rural Buffer. That portion of the Joint Planning Area desigpated on the Joint Planning Area Land Use Map as such and designated in the Joint Planning Area Land Use Plan as Rural Residential, Agricultural, Put lic/Private Open Space, Resource Conservation, Extractive/Disposal Use and the overlay district designated University Lake Watershed Area. This area is further defined as being a low-density area consisting of single-family homes situated on large lots having a minimum size of two (2) acres. The Rural Buffer is further defined as land which, although adjacent to an Urban or Transition area, is rural in character and which will remain rural, contain low-density residential uses and not require urban services (public utilities and other town services). H. Transition Area. That portion of the Joint Planning Area designated on the Joint Planning Area Land Use Map as such. This area is further defined as being in transition from rural to urban or already urban in density. Urban services (public utilities and other town services) are now provided to this area or are projected to be provided to this area. The portion of the Transition Area located in the CJDA shall be further divided into Transition Area I and Transition Area II on the Joint Planning Area Land Use Me p. The Joint Planning Area Land Use Plan shall provide that, within Transition Area II, no 3 12' Excerpt from Joint Planning Agreement tract may, after the effective date of this Agreement, be approved for development at a density that exceeds one (1) housing unit per gross acre until at least 75%of the gross land area of Transition Area I consists of any combination of: 1. lots containing one acre or less; 2. residential developments approved for development at a density of at least one unit per acre; 3. streets,roads and utility easements located outside of lots containing one acre or less; 4. lots or tracts that are used for commercial, industrial, institutional or governmental purposes; 5. tracts that are owned by the University of North Carolina or other non-profit entities and that are not available for development. This density limitation does not apply to Village Mixed Use districts or Office/Assembly districts as provided for in the Facilitated Small Area Plan for Carrboro's Northern Study Area. I. Development Permit. Major subdivision preliminary plat approval and any discretionary permit(whether called conditional or special use permit or some other term) issued by the Orange County Board of Commissioners,the Chapel Hill Town Council, or the Carrboro Board of Aldermen. J. Involuntary Annexation. Annexation authorized or undertaken pursuant to G.S. 160A-3 1, Article 4A, Part 3. K. Voluntary Annexation. Annexation authorized or undertaken pursuant to G.S. Chapter 16OA-31 or G.S. Chapter 160A, Article 4A, Part 4. 4 Excerpt from Joint Planning Agreement 13 Section 1.3 Effective Date and Duration A. This Agreement, except as provided below, shall become effective on the effective date of an Orange County ordinance (1) adopting thisAgreement(after it has been approved by Chapel Hill and Carrboro); (2) amending Orange County's Zoning Ordinance (including Zoning Atlas) and Subdivision Regulations as prescribed in Section 2.1 of this Agreement; (3) amending the Joint Planning Area Land Use Plan to reflect the existence of Transition Area I and Transition Area II; and (4) amending the Joint Planning Area Land Use Map to show the location of Transition Area I and Transition Area II as indicated on Exhibit A. Any previously adopted Agreements shall become null and void upon this date. The Appendix to this Agreement shall become effective upon the execution of this Agreement. B. This Agreement; including any Appendix hereto, shall remain in of fect until terminated by mutual agreement or by withdrawal of any party. Subject to 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 party may not withdraw until it holds a public hearing on'the proposed withdrawal followed by written notices to the other parties within thirty(30) days of the public hearing. The withdrawal shall be effective one(1) year following receipt by the other party of the written notice. Withdrawal of one party shall not invalidate the Agreement with respect to remaining parties. C. Upon execution of this Agreement, the parties agree that each will take, in a timely manner and without unnecessary delay, all steps (including but not limited to preparation and adoption of Zoning maps, appointment of Transition Area 5 Excerpt from Joint Planning Agreement 14 representatives to Planning Boards and Boards of Adjustment, and all required land use ordinance amendments)required to cause this Agreement to become effective, and will notify the other parties when those steps have been taken. Orange County will notify the Towns by resolution when this Agreement becomes effective. This Agreement may become effective as to two parties pending completion of steps necessary to make effective a 3-party Agreement. Water and Sewer Mana emen Plannin and Section 1.4 Linkage with the � g Boundary Agreement The Water and Sewer Management,Planning and Boundary Agreement (hereinafter WSMPBA) is incorporated into this agreement by reference. A copy of the WSMPBA is Exhibit B to this agreement. Termination of the WSMPBA does not terminate this agreement. The withdrawal by a party from the WSMPBA does not constitute withdrawal from this agreement. Termination of this agreement or withdrawal from this agreement can only be accomplished as provided in this agreement. 6 Appendix A Water and Sewer Management Punning and Boundary Agreement _ _ I e, ps I r r , a' e, I Lx i b w r '" � :. •. i t fir" F t• �i� - _ t �\ i I 1 Exhibit B E r. " r . yr � W E Legend vftt�aw S�ea,I,m� S ( . Nmww9•PIY�p s..k•M•• • lOf.19R I G..,�a••,�• � L_ pNAS11 L•npTYN IIW W ArY � Pf�14��1�lYYfDIMOd dnq.ca.y o,r�y S•rrk•An• 2 0 Z ♦ MIS" RwbN�(.�P�wNbC�rY N'YWI !lllWl ��{ pMASA cn..TS.�e.ww OdeMI M�Pn��y R�Nd'�riwt Cu*L eT—,Iarrt AM wn+s? _ A RESOLUTION AMENDING THE JOINT PLANNING AGREEMENT TO LINK THE 16 WATER AND SEWER MANAGEMENT, PLANNING AND BOUNDARY AGREEMENT TO THE JOINT PLANNING AGREEMENT 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; and WHEREAS, Carrboro, Chapel Hill, Hillsborough, Orange County and OWASA worked for a number of years toward developing a Water and Sewer Management, Planning and Boundary Agreement, and the Orange County Board of Commissioners adopted the Agreement in-its final form on December 3, 2001; NOW, THEREFORE, BE IT RESOLVED by the Board of Orange County Commissioners that the Board approves the following amendments to the Joint Planning Agreement: 1) Amend Article 1 to read: ARTICLE 1: PURPOSE, DEFINITIONS, EFFECTIVE DATE, LINKAGE 2) Add Section 1.4 to read: Section 1.4 Linkage with the Water and Sewer Management, Planning and Boundary Agreement The Water and Sewer, Management, Planning and Boundary Agreement (hereinafter WSMPBA) is incorporated into this agreement by reference. A copy of the WSMPBA is Exhibit B to this agreement. Termination of the WSMPBA does not terminate this agreement. The withdrawal by a party from the WSMPBA does not constitute withdrawal from this agreement. Termination of this agreement or withdrawal from this agreement can only be accomplished as provided in this agreement. 3) Incorporate Appendix A, the map entitled Water and Sewer Management, Planning and Boundary Agreement, as Exhibit B to the Join: Planning Agreement. U n otion of Commissioner �:- seconded by Commissioner the foregoing resolution was adopted this the 200a-day of 2002. I, Donna Baker, 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 , 2002 as relates in any way to the adoption of the foregoing and that said proceedings are: recorded in Minute Book No. of the minutes of said Board. WITNESS my hand and the seal of said County, this day of , 2002. Clerk to the Boar f Commissio'iers