HomeMy WebLinkAboutAgenda - 05-30-1996 - 2 1
Report to Orange County Assembly of Governments
May 30th, 1996
Agenda
I. Introduction: David Zipper, CHHS
II. Overview of Forums I and H:
Paula Compton & Katherine Miller, OHS
III. Presentation of Youth Agenda:
1. Cheaper Places to go: Arie Farrar, CHHS
2. Student on School Board: Shenae McPherson, OHS
3. Control of Smoking: Joy Williams & Josh Skidmore, OHS
4. Having more Forums: Mike Allingham, CHHS
5. Projects: Terrill Thompson, OHS
6. Inter-School Council: Charles Lipper, CHHS
7. Newspaper: Eric Taylor, OHS
8. Jobs: Rachel Maid, OHS
9. Equal Opportunities: Shyra Cooper, CHHS
10. Youth Radio: Eric Martin, CHHS
11. Parents: Kourtney Henry, OHS
IV. Questions and Answers: Moses Carey
V. Resolution Presentation: Iva Taylor, CHHS
ORANGE COUNTY
HILLSBOROUGH
NORTH CAROLINA
MEMORANDUM
TO: Assembly of Governments
FROM: John M. Link, Jr., Orange County Manager
SUBJ: OVERVIEW OF JOINT PLANNING
DATE: May 24, 1996
The planning staffs of Chapel Hill, Carrboro, and Orange County compiled
the enclosed materials which briefly document the history of Joint Planning since
1984, give an overview of the process, and provide a listing of developments
approved by jurisdiction. Also included is a separate chronology which
documents efforts at joint planning prier to 1984. Members of each planning staff
will be present at the meeting to respond to questions following a short
presentation.
AREA CODE (919) 732-8181 • 968-4501 • 688-7331 • 227-2031 • FAX (919) 644-3004
Ext. 2300
001
History of Joint Planning
During the 1950s and 1960s, the North Carolina State Legislature granted Chapel Hill and
Carrboro the right to enact zoning ordinances and regulations for certain designated areas
surrounding the Towns. These designated areas are known as an extraterritorial planning
jurisdiction (ETJ). Each Town adopts zoning and controls development of land within its
respective extraterritorial planning jurisdiction (ETJ). During this period of time, land located
outside of Chapel Hill's or Carrboro's corporate limits and planning jurisdictions was zoned and
controlled by Orange County.
During the late 1970s and early 1980s, urban growth began to occur outside of Chapel Hill's and
Carrboro's corporate limits and extraterritorial planning jurisdictions. In particular, growth
began to occur north of Chapel Hill's extraterritorial planning jurisdiction (ETJ) boundary; and,
Orange County had begun to approve developments outside of Chapel Hill's planning
jurisdiction that would eventually be annexed into the Town's corporate limits (ex. Timberlyne
Subdivision).
A philosophy for joint planning emerged as an opportunity to provide Chapel Hill and Carrboro
with some planning and zoning control over future growth areas outside of each Town's
extraterritorial planning jurisdiction (ETJ). Joint planning also provided the opportunity for the
County to retain some zoning control over these growth areas while also setting a limit for urban
sprawl and providing a transition from an urban to a rural environment (the rural buffer). In
general, the purpose of joint planning is to provide a method of coordinated and comprehensive
planning for areas that are of interest to all three jurisdictions.
Development of a Joint Planning Agreement
In 1984, the Town of Chapel Hill and Orange County entered into a Joint Planning 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 known as Joint Planning "Transition Areas." Initially, 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 Planning 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 to produce the Joint Planning Area Land Use Plan. The Plan was adopted by the Chapel
Hill Town Council and the Orange County Board of Commissioners on October 13, 1986.
Following efforts to streamline the review process for developments located in transition areas,
the Town of Carrboro joined Chapel Hill and Orange County in adopting a new Joint Planning
Agreement 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 of the University Lake watershed.
002
An Example of Utilizing the Joint Planning Agreement
In September of 1990, the Chapel Hill Town Council appointed a Work Group to prepare a
Small Area Plan for the Town's southern extraterritorial planning jurisdiction (ETJ) and the
Town's southern joint planning transition area. On June 22, 1992, the Chapel Hill Town
Council adopted a new Land Use Plan in accordance with the Southern Small Area Plan.
Since a portion of Chapel'Hill's-Southern Small Area Plan was located in the Town's southern
joint planning transition area, one of the steps in implementing the Small Area Plan was to
amend the Joint Planning Area Land Use Plan. In November of 1992, both the Town of
Carrboro and the Town of Chapel Hill adopted a resolution amending the Joint Planning Area
Land Use Plan for Chapel Hill's southern transition area. The County Commissioners adopted a
matching resolution in January of 1993, officially amending the Joint Planning Area Land Use
Plan.
The Town of Chapel Hill then zoned the southern planning jurisdictions in conformance with the
adopted Southern Small Area Plan in November of 1993. Chapel Hill and Orange County then
proceeded to conduct a Joint Public Hearing on the proposed zoning changes for the southern
transition area on April 14, 1994. Following the hearing, the Chapel Hill Town Council adopted
a resolution endorsing Residential Low-Density 1 (R-LD1) zoning for the southern transition
area. On August 8, 1994, the Orange County Board of Commissioners approved an ordinance
adopting R-LD1 zoning for the southern transition area.
003
CHAPEL HILL/CARRBORO/ORANGE COUNTY JOINT PLANNING
The attached Joint Planning Agreement contains 16 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 Agreement. The application of land use
ordinances-in the area is.governed by the jointly prepared and adopted JPA
Land Use Plan. Any amendments to the adopted land use plan or agreement
have to be considered at a joint public hearing and approved by Chapel Hill,
Carrboro, and Orange County to be effective. The plan is generally based on
two types of areas - Transition Areas and the Rural Buffer.
Transition Areas
"Transition Areas" are future urban growth areas for Chapel Hill and Carrboro.
Administration of land use ordinances in these areas was turned over to the towns
following adoption (by Orange county and the respective towns) of municipal
zoning plans consistent with the adopted JPA Land Use Plan. The agreement
defines two levels of Transition Area (I and II) for Carrboro, the basic provisions of
which specify that 75% of Area I has to develop at urban intensities before urban
standards apply in Area II (see page 4 in the agreement). As long as proposed
development in the transition areas is consistent with the adopted 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.
Rural Buffer
Surrounding the urban areas is the Rural Buffer which contains approximately
38,000 acres and is defined generally by the New Hope Creek drainage basin to the
north and the University Lake watershed to the west. The Rural Buffer is projected
to remain rural in character, not require urban services, and annexation is prohibited
in this area. The Rural Buffer (RB) zoning district requires a minimum lot size of
two acres for residential development. The University Lake watershed overlay
portion of the RB district permits the first five lots of a development to be two
acres, but requires all lots in excess of five to be a minimum of five acres in size.
The County is responsible for administration of land use ordinances in the Rural
Buffer, although the towns are granted courtesy review of proposed developments
in the joint courtesy review area and their respective joint development review
areas as depicted in the attached map from the agreement.
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005
September 22, 1987
Amended April 2, 1990
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 I. PURPOSE, DEFINITIONS, EFFECTIVE DATE
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-Carrboro 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
1
006
April, 1986, adopted by Orange 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
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007
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.
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 A.
G. Rural Buffer. That portion of the Joint Planning Area
designated on the Joint Planning Area Land Use Map as
such and designated in the Joint Planning Area Land Use
Plan as Rural Residential, Agricultural, Public/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
3
aos
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 Map. The
Joint Planning Area Land Use Plan shall provide that,
within Transition Area II, no 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.
4
009
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-31 , Article 4A, Part
3 .
K. Voluntary Annexation . Annexation authorized or
undertaken pursuant to G.S. Chapter 160A-31 or G.S.
Chapter 160A, Article 4A, Part 4 .
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 this Agreement (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
5
010
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 effect 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 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
6
Oil
notify the Towns by resolution when this Agreement be-
comes effective . This Agreement may become effective
as to two parties pending completion of steps necessary
to make effective a 3-party Agreement .
ARTICLE 2 . ADOPTION, ADMINISTRATION AND
AMENDMENT OF STANDARDS
Section 2 . 1 Standards Within the Transition Area
A. Chapel Hill shall prepare a Zoning Map for that portion
of the Transition area that lies within the CHJDA and
shall recommend its adoption by Orange County which,
upon approval and adoption as prescribed in Subsection
C of this Section , shall become part of the Orange
County Zoning Ordinance . The Zoning Map shall be
prepared using zoning districts which -correspond to the
text of the Chapel Hill Land Development Ordinance and
which correspond with the density designations and plan
classifications as prescribed inn the adopted Joint
Planning Area Land Use 'Plan and the adopted Joint
Planning Area Land Use Map for the CHJDA.
B. Carrboro shall prepare a Zoning Map for that portion of
the Transition area that lies within the CJDA and shall
recommend its adoption by Orange County, which upon
approval and adoption as prescribed in Subsection C of
this Section, shall become part of the Orange County
Zoning Ordinance . The Zoning Map shall be prepared
using zoning districts which correspond with the
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012
density designations and plan classifications as
prescribed in the adopted Joint Planning Area Land Use
Plan and the adopted Joint Planning Area Land Use Map
for the CJDA. Transition Area II shall have density
limited pursuant to Section 1 .2H.
C. Upon completion of the Zoning Maps referred to in
Section 2 . 1A and B above , Orange County shall amend its
Zoning Atlas in accordance with said Maps . Orange
County shall also adopt by reference ( i ) the Chapel
Hill Land Development Ordinance and make its provisions
applicable to that portion of the Transition area
located within the CHJDA, and ( ii ) the Carrboro Land
Use Ordinance and makes its provisions applicable to
that portion of the Transition area located within the
CJDA.
Section 2 .2 Standards Within the Rural Buffer
Within the Rural Buffer, the Orange County Zoning Ordinance
( including Zoning Atlas ) and Subdivision Regulations that
are in effect on the effective date of this Agreement shall
remain in effect unless amended in accordance with Section
2 .6 of this Agreement .
Section 2 .3 Permit Administration Within the Transition Area
A. Except as otherwise provided in Sections 2 .5 and 2 .6 ,
the Town of Chapel Hill and the Town of Carrboro ,
respectively, shall perform all functions related to
the administration of the ordinances referenced in
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013
Section 2 . 1C . Subject to the remainder of this
Section , Chapel Hill and Carrboro shall administer the
referenced ordinances just as if the land were located
within the respective Towns ' planning jurisdictions .
Administration shall include , but not be limited to,
the following:
1 . Receipt and processing of applications ;
2 . Issuance of any required permits and
certifications ;
3 . Review and approval of required site/construction
plans;
4 . Conducting necessary site/building inspections;
5 . Enforcement of all standards ;
6 . Any other acts or things necessary to administer
the Ordinances ;
and shall be carried out in a manner so as to insure
that a developer complies with ali applicable ordinance
requirements and the terms, and conditions of any permit
issued by the respective towns . The towns may also
charge fees for processing applications , conducting
site/construction plan reviews , and carrying out
site/building inspections in accordance with fee
schedules applicable within their respective planning
jurisdictions .
B. Whenever Chapel Hill or Carrboro receives an
application for a development permit as defined in this
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014
Agreement relating to land within their respective
portions of the Transition area , it shall forward
copies of the application to Orange County for review.
The towns shall establish timetables to insure that
Orange County has an opportunity to make
recommendations regarding such applications within the
framework of the County ' s regularly scheduled meeting
dates . To the extent possible , the timetables of the
County and the towns shall provide for simultaneous
review to expedite application processing ; provided,
however , the towns may not vote to issue or deny a
permit until they have received the recommendations of
Orange County or until the expiration of forty-five
( 45 ) days after Orange County has receAved the
application, whichever comes first .
Section 2 .4 Permit Administration in the Rural Buffer
A. Except as otherwise provided in ',Section 2 .6 and the
remaining provisions of this Section , Orange County
shall perform all functions related to the
administration of the ordinances referenced in Section
2 . 2 in the same manner as if the land were located
outside the Joint Planning Area.
B. Whenever Orange County receives an application for a
development permit relating to land located within the
CHJDA Rural Buffer or the Joint Courtesy Review Area ,
it shall forward copies of the application to Chapel
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015
Hill for review. Similarly, whenever Orange County
receives an application for a development permit
relating to land located within the CJDA Rural Buffer
or the Joint Courtesy Review Area, it shall forward
copies of the application to Carrboro for review. The
County shall establish timetables to insure that the
towns have an opportunity to make recommendations
regarding such applications within the framework of
their respective regularly scheduled meeting dates . To
the extent possible , the timetables of the respective
towns and the County shall provide for simultaneous
review to expedite application processing; provided,
however, Orange County may not vote to issue or deny a
permit until it has received the recommendations of the
respective Towns or until the expiration of forty-five
(45 ) days after the respective towns have received the
application , whichever occurs first,.
Section 2 .5 Enforcement Remedies .,
A. Permit revocation , if necessary and authorized by
ordinance, shall be handled by the same individual or
board authorized to issue the original permit .
B. Within those portions of the Joint Planning Area where
the ordinances specified in Section 2 . 1C are
administered by the respective towns , enforcement
efforts through the use of civil penalties , criminal
penalties or injunctive relief shall be initiated by
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016
the respective towns . The towns shall have the duty to
defend at their own expense and shall indemnify and
hold harmless , to the extent they can legally do so,
Orange County, its Board of Commissioners , its advisory
boards, its staff and all members of its boards and
staffs, in their official and individual capacities,
from any and all claims , actions , proceedings ,
expenses, damages or liabilities, including attorneys '
fees and courts costs , resulting from the towns '
administration of the ordinances specified in Sections
2 . 1(C) .
C. Orange County shall notify the respective towns and the
towns shall notify Orange County as soon as practicable
thereafter of any such claim, action or proceeding.
Section 2 .6 Text and Map Amendments
A. Proposed amendments to the Joint Planning Area Land Use
Plan and/or the Joint Planning Are;a.. Land Use Map may be
initiated by ( i ) Orange County or ( ii ) the Towns or any
other party by filing a request for such an amendment
with Orange County. Any petition or request to amend
the Joint Planning Area Land Use Plan received by the
County shall be referred to the respective Towns . No
such amendment may become effective until after it has
been adopted by Orange County, Chapel Hill and Carrboro
following a joint public hearing by all three governing
bodies .
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017
B. Except as provided herein, proposed amendments to the
text of the Orange County Zoning and Subdivision
Ordinances that are applicable within the Rural Buffer
as well as proposed changes in zoning district
classifications ( i .e . , zoning map changes ) that affect
property within the Rural Buffer shall be initiated and
adopted in accordance with the procedures set forth in
those County ordinances . All such proposals that
affect the CHJDA shall be referred to Chapel Hill for
review and recommendation , and all such proposed
amendments that affect the CJDA shall be referred to
Carrboro for review and recommendation. Orange County
may not adopt such proposed amendments until the
respective Towns have made their recommendations, or
until the expiration of thirty (30 ) days following such
referral , whichever occurs first .
C. Whenever Chapel Hill proposes to amend the text of its
Land Development Ordinapce , and whenever .Carrboro
proposes to amend the text of its Land Use Ordinance ,
the respective towns shall deliver a copy of the full
text of the proposed amendment to Orange County not
later than thirty (30 ) days before the date of the
public hearing on any such amendment . However, with
the written consent of the Orange County Manager or his
designate , this thirty (30 ) day period may be reduced
to not less than ten ( 10 ) days . Unless Orange County
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files with the respective towns a written objection on
or before the date of the public hearing on the
proposed ordinance amendment , then adoption of the
amendment by the respective town shall automatically
effect a corresponding amendment to the applicable
ordinance adopted by reference by Orange County as
provided in Section 2 . 1C. Any such objection shall be
based on a determination by Orange County that the
proposed amendment is inconsistent with the adopted
Joint Planning Area Land Use Plan. If a town adopts an
amendment despite Orange County' s objection, then it
shall refer such amendment to Orange County with a
request that the County make corresponding changes as
expeditiously as reasonably possible so that the town
may continue to enforce within its: portion of the
Transition area the same standards that it enforces
within its own planning jurisdiction . In the event of
objection by Orange County as provided herein, no such
amendment shall be effective within the Joint Planning
Area until it is adopted by Orange County.
D. Orange County may not unilaterally amend the text of
its zoning or subdivision ordinances applicable to the
Transition areas ( i .e . , those ordinances adopted by
reference pursuant to Section 2 . 1C ) . Amendments to the
ordinances referenced in Section 2 . 1C by Orange County
may be accomplished only pursuant to subsection C above
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( including adoption by Orange County following a
request to do so by the applicable town ) . Any
petitions or request to amend these ordinances received
by the County or initiated by the County shall be
referred to the respective Towns .
E. With respect to property that is located within the
CHJDA Transition area , changes in zoning
classifications may not be made unless and until an
ordinance approving such zoning map amendment has been
approved both by Orange County and Chapel Hill
following a joint public hearing by the two governing
bodies . With respect to property that is located
within the CJDA Transition area , changes in zoning
classifications 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 .
Requests for rezonings within the Transition areas that
are filed with the County shall be referred to the
respective towns to initiate the amendment process .
F. Proposed amendments to the text of this Agreement shall
not become effective until approved by the towns and an
Orange County ordinance adopting the amendment is
adopted by Orange County.
Section 2 .7 Representation of Transition Area Residents
Chapel Hill shall revise its Land Development Ordinance and
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020
Carrboro shall revise its Land Use Ordinance to provide that
at least one resident of each town' s respective Transition
area shall be appointed to each town' s respective planning
board and board of adjustment , in the same manner as
representation of extraterritorial planning area residents
is provided for in each Town' s ordinance .
ARTICLE 3 . LIMITATIONS ON ANNEXATIONS
Section 3 . 1 No Annexation Into Rural Buffer
Except pursuant to the written consent of all parties to
this Agreement, neither Chapel Hill nor Carrboro may annex
into the Rural Buffer ( whether by voluntary or involuntary
annexation or any other method authorized by law) nor shall
any party seek special legislation accomplishing such
annexation.
Section 3 .2 No Annexation by One Town Into;; Another Town ' s
Transition Area
Except pursuant to the written consent. of the other town,
neither Chapel Hill nor Carrboro may annex into the other' s
Transition area ( whether voluntary or involuntary
annexation) or any other method authorized by law, nor shall
either Town seek special legislation accomplishing such
annexation.
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021
THIS AGREEMENT entered into this 2nd day of November ,
198 7 -
Chair, OrTrride County Board of
Commissioners
Attest:
Cler to to of C issioners
M at,, Town of Chapel Hill
Attes r,
r
Town Jerk
ay o , Town of Carrboro
Attest:
Town Clerk
17
023
APPENDIX TO
JOINT PLANNING AGREEMENT
AMONG ORANGE COUNTY, CHAPEL HILL
AND CARRBORO
WHEREAS, Orange County , Chapel Hill and Carrboro have
executed a Joint Planning Agreement which
agreement is that to which this Appendix pertains;
and
WHEREAS, a Joint Planning/Watershed Work Group, including
representatives of the Towns of Carrboro and
Chapel Hill and Orange County , developed an
"Outline of Agreement in Principle" containing
thirteen ( 13 ) statements of principle ; and
; WHEREAS, the governing boards of Carrboro, Chapel Hill and
Orange County have , by resolution, each approved
in concept the " Outline of Agreement in
Principle; " and
WHEREAS, the Joint Planning Agreement to which this
Appendix pertains implements those matters in the
"Outline of Agreement in Principle" upon which
there is agreement among Carrboro, Chapel Hill and
Orange County except as provided in this Appendix;
and
WHEREAS, Carrboro, Chapel Hill and Orange County wish to
fully implement those matters in the "Outline of
Agreement in Principle" upon which there is
agreement .
1
024`
Carrboro , Chapel Hill and Orange County hereby mutually
agree as follows :
1 . They have requested OWASA to commission a University
Lake Watershed carrying capacity study . They will request OWASA
to commission a carrying capacity study for the Cane Creek
Watershed. The University Lake Watershed study shall be com-
pleted as soon as reasonably possible .
2 . For the period of time ending ninety ( 90 ) days
following the completion of the University Lake carrying capacity
study the following restrictions on Carrboro, Chapel Hill and
Orange County shall apply:
a. Except pursuant to the written consent of all three
parties, neither municipality may annex into the University
Lake Watershed ( whether by involuntary or voluntary
annexation or any other method authorized by law) nor shall
either town seek special legislation accomplishing such
annexation.
b. Except pursuant to the written consent of all three
parties , no party shall seek or approve or encourage
extension of water and sewer lines into the University Lake
Watershed.
3 . The University Lake Watershed is , for the purpose of
this Appendix, defined in the Joint Planning Area Land Use Plan
and located outside of the corporate limits of Carrboro as those
limits exist on the date this Appendix is executed.
2
025
4 . It is the intent of Carrboro, Chapel Hill and Orange
County to jointly discuss watershed planning and protection
procedures , standards and/or regulations which may be
incorporated into ordinances and into the Joint Planning
Agreement .
This Appendix entered into this 2nd day of November ,
1987
Chair, ge County Board of
Commissi ners
Attest:
Clerk to tiffe oard of C mmissioners
� S1
1 I�
r� t+Iat or, Town of Chapel Hill
Att t: = ;<
To C 1 k
Mayo Town of Ca rboro
Attest:
Town Clerk
3
-026 EXHIBIT A •
V _ •w ♦ i
♦ ♦ %% PLp�N1�i � AREA •
!�� • � JOINT fob
•���
•�ftw�,w��
=BUFFER '
ARt
t7 p hi" CHJD �Y '`rr.•--FO �w
CiD Z . . FOREIIT,�
aw
ac
��•�. ►eDWKL
G bV WJr 490
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.,.:;,;•:>..,,:: . 1. :;; .
1 van ♦ >:::. :.:::.:,. .. :: '
� der\ 4}: � ::::�s'� � m' '^�;a <,k�• +ao-x ,�
K.C..� {'"�n•: �;';. -� ••, .:.. .!. .. :~ •
or
good ar
0.
•' i�Y;�!'C:7Y+••.�. ..y'4rcG w+is'vjt.',+i:•A��� :s
LA
..�
�i. ter: f�•;• }••'•i O a/ C.
.o a
•i 'L is G}1ATM•M c0.
Carrboro Transition Areal University Lake Watershed
Carrboro Transition Area 2 in Orange County
University Lake Watershed
Chapel Hill Transition Area in Carrboro E.T.J.
•••••••. Carrboro/Chapel Hill Joint "' . Chapel Hill/Carrboro Corporate
Planning Boundary Limits
Extraterritorial Jurisdiction Joint Courtesy Review Area
(Existing)
CHJDA Chapel Hill Joint Development Review Area
CJDA Carrboro " " "
JOINT PLANNING n r�
APPROVED RESIDENTIAL PROJECTS V !
BY
JURISDICTION
Jurisdiction Name of Development Lots Acreage Approval Date
CARRBORO
Talbryn 11 120 5/9/88
Highlands, Phase V 22 14 11/21/89
Meadow Run 13 26 1/9/90
Camden 23 15 9/11/90
Wexford 95 62 7/16/91
Cates Farm(part) 18 12 6/25/92
Highland Meadows 20 12 10/27/92
Arcadia 33 17 5/25/93
Williams Woods 26 16 2/22/94
Lake Hogan Farms 438 310 9/27/94
Tupelo Ridge (part) 6 16 10/26/94
Sunset Creek 69 41 6/13/95
Total 774 661
CHAPEL HILL
North Field 26 14 3/1/93
Silver Creek I (part) 39 31 5/10/93
Homestead Village 62 24 6/27/94
Springcrest(part) 17 11 7/5/94
Fox Hill 11 5 5/25/95
Silver Creek II (part) 36 31 1/8/96
Parkside 142 64 3/13/96
Total 333 178
ORANGE COUNTY
outside of watershed: Beech Bluff 9 19 2/24/87
Woodbrooke 12 27 4/19/87
Blackwood Forest 13 31 5/19/87
Piney Mtn. Phase 1 24 53 8/18/87
Homewood 6 15 8/1/89
Searle Farms 31 82 12/4/89
Piney Mtn. Phase II 35 74 6/3/91
Red Wolf at Piney Mtn. 6 34 5/4/92
Whitfield's Glen 7 37 4/20/93
Homer R. Tapp&Jack C. Tapp 8 22 6/6/94
Our Ridge 8 20 11/1/94
Meadow Ridge 13 26 8/3/95
Old Heritage Pointe 9 11 9/20/95
Subtotal 181 452
Pagel
028 JOINT PLANNING
APPROVED RESIDENTIAL PROJECTS
BY
JURISDICTION
Jurisdiction Name of Development Lots Acreage Approval Date
ORANGE COUNTY
in watershed Lloyd Subdivision 9 50 5/19/87
Quailview 14 32 7/6/87
Albert Reaves Estate 8 32 3/15/88
Hickory Grove 7 18 8/1/89
Chesnut Oaks 31 68 6/4/90
Durham Estates 10 60 2/5/90
Crescent Ridge 19 63 4/1/91
Shenandoah 6 28 1/6/92
Tupelo Ridge 12 82 8/8/94
Stone Knoll 14 49 6/5/95
Mapel View II 9 87 9/20/95
Subtotal 139 569
Orange County Total 320 1,021
Joint Planning Area Total 1,427 1,860
Page 2
nor[4! 1 77b 11:Jb 71 y'dbd/t J 1 TOWN OF CARRBGRO PAGE 83
JOINT PLANNING .029
HISTORY
DATE L-VENTS JDOCU,TNTS SUBJECT
1976
orange Comprehensive Planning Proposed formation
Council of Council by Chape)
Hill Planning Dept.
1979
Extraterritorial Jurisdiction Request for extensit
Request of Chapel Hill's Ev
May Joint planning Goals and Document drafted
objectives by Orange County
outlining the
goals and objective_
of the joint plannir.
process
Joint Planning Issue Paper Document drafted by
May Draft Y Orange County
June Draft II describing the issue
August Draft III to be Addressed
through the Joint
planning process and
proposed procedures
1980
January Memorandum from take Jennings Memorandum container
schematic of Joint
Planning Area
February Letter from Wayne Munden, Letter outlining
OWASA joint planning
incentives for infil
development
February Z'rarsition Zones: Criteria for Description of
Definition and methodology of 'transition Zones
Location drafted by Ormige
County Planning Dept
August Joir►t Planning Agreemeait ,agreement out Uning
October Draft 1 joint planniii-1
Draft 11 procedures drafted
by Orange County
a 1981 Review of Joint
Regularly scheduled meeting planning Area Land
rebrkiary `� Use, plan map and
of the Joint Flannissy Chtntnittc!t? discussion of utili
� ptOViSivn
u�rLYl17�o �i: oo �.��oarr�r TOWN OF CARRBCRO PAGE 04
. 030
DATE EVENTS/DOCUMENTS SUBJECT
19$1
March Revised Joint Planning Agreement Agreement revised
by OWASA
March Regularly scheduled meeting Review of joint
of the Joint Planning Committee planning area goal
policies and the
Rural Buffer plan
category
March Joint planning Committee Draf By-Laws
Hy-laws discussed by
Committee, but
never adopted
April Planners meeting Review of joint
planning activitie
schedule
April Joint Planning Activities Schedule of
Schedules activities drafted
Draft I by Orange County
Draft XI Planning Dept.
April Regularly scheduled Joint Planning Review of Land Use
Committee meetings (3) plan goals and
policies; ay-laws;
and activities
schedule
April Joint meeting of Hoard of Review joint plant
Commissioners and Hillsborough issues and relevar
Board to Hillsborough
Kay Revised Agreement Revised Agreement
Draft 11 proposed by OWASA
May Board of County Commissioners Review O'-IA.SA nevi;
meeting of Joint Planning
Agreement
May Regularly scheduled meeting Review of 1.1catior
of the Joint Planning Committee (2) criteria an,l town-
ship components
for Joint Planninc
Area
June water and Extension Policy Issue paper on
Discussion Paper water and sewer
extension in the
joint Planning Art
drafted by Orange
County Planning D+
U zD/ LY/1:7G L I.JG 71 7700!!J! UU.i1V L'r L hK�UF� FAGE 05
0,31
DATE EVEWTSJDOCOVItNTS SUBJECT
June Regularly scheduled Joint Review of water
Planning Committee meeting and sewer eaten--
Sion policy issues
In the Joint-Plan-
ning Area_
June Water and Sewer extension Policy Water and sewer
extension policy
for the Joint
Planning Area
drafted by Orange
County Planning
Dept.
June courtesy Review Agreement Courtesy Review
Draft 1 Agreement drafted
by Orange County
Planning Dept. to
establish courtesy
review procedures
for projects in the
Joint Planning Arez
July Regularly scheduled Joint Review of existing
Planning Committee meeting development snap
and courtesy review
Agreement
July planners meeting Revision of Transi-
tion Area on Joint
Planning Area Map
July Joint Planning Area Map Revised Joint
Planning Area Map
July Recommendations of the Summary of approve4
Joint Planning Committee recommendations of
the Joint Planning
committee
August memorandtun= Concept of tha Memorandum uutl.inir,
Rural BU:fer the i58ucs :,nd
concept of the
Rural Buffee• plan
category
August OWASA Board meeting Discussion of Sewer
and :later tXteor-ior
Policy for the
Joint Planning Are&
August Regularly �-cheduled meetinr, of review of revi.sad
the Joint Planning Ccmmittce Transition Areas
and CS4ASA report
05/24/1956 11: 36 9199687737 1LW< OF C:ARRBGRO FAGE 66
032,
DATE EVENTS/DOCUMENTS SUBJECT
August Memo on Energy Standards Memo from Robb
Addclson n_n energy
concerns and sta-n-
dards in the Joint
Planning Area_
August Subdivision and Plan overlay Development map
map for the Soint
Planning Area
September- Regularly scheduled meetings Review of Rural
of the Joint Planning Committee (2) U.u.ffer; CWASA
role in joint plan
ningl Watershed
standards; approva
of proposed revisi,
of the Chapel Hill
Transition Areas
September Memorandum to Comnittee on Memo outlining OWX
OWASA's Responsibilities responsibility in
serving the Transi•
tion Areas
September O+VASA Presentation to the OWASA presentation
Committee of service area
maps and system
proposals relevant
to the Joint Plann:
Area.
September Joint ireeting of the Board Discussion of Join',
of Commissioners and the Planning and water•
Carrboro 23oard of Alclerr.►an shed development
standards.
October Regularly scheduled meetings Discussion and
of the Joint planning Committee (2) approval of develop
;rent policies and
standards for the
Rural Buffer plan
category antl the
Ten and Tweiity Yea:
Transition Areas.
Presentatioi► of
Chapel Hill concern
regarding develop-
ment at watts-Star
Point
kJ!31 Z4/1 '7ybd f r f I UWN Ur l;Af'eW U&U HAUL 1j?
033
DATE: EVENTS/DOCUKENTS SUBJECT
November Regularly scheduled meetings Review of policies,
of the Joint Planning and standards for
Committee (2) the Rural Buffer,
watershed and Trar
Lion Areas.
November Joint Planning Area Activity Memorandum listinc_
Nodes and comparing the
activity nodes in
the Joint Planninc_
Area
November Summary of the Recommendations Memorandum summari
of the Joint Planning Committee ing the approved
recommendations
of the Joint Plan-
ning Committee.
December Regularly scheduled meetings Review and final
of the Joint Planning Com-tsittee (2) revision of the
Joint Planning
Agreement now in-
corporating the
Courtesy Review
Agreement and
subsequently titl.
"Combined Joint
Planning Agreemen
December WASA Board meeting OWASA review of
Joint Planning
Agreement
December Letter to Manager from planning Joint public 'neet
Director ing of the Board!
of Orange County
Carrboro, OWASA
and Chapel Hill
1982
January Regularly scheduled meeting [review of Joint
of the Joint Planning Committee (3) Planning Agreeme
and proposed rev
Sions
January OWASA revision of Agreement Revised procedur
to include a courtesy review for review of
,addendum water and sewer
extensions in th
Joint Planning a
UY11 i Ur IJHMMMuIVJ rAl7t
4"
DATE EVCNTS/DOCUMENTS SU13JECT
January Meeting of the OWASA Board Consideration
of the revised
Joint Planning
Area Map relative
to the Land Use
Plan Map
January Revised Joint Planning Agree- Draft of the Join+
ment Planning Agreemen,
with Committee
approved revision!
January Chapel Hill Courtesy Chapel Hill court,
' Review schedule review procedures
January Carrboro Courtesy Review Carrboro Courtesy
schedule review procedures
January Summary of the Joint Planning Summary of approve
Committee recommendations recommendations
of the Joint Plan-
ning Cbft%ittee
January Regularly scheduled meeting Review of revised
of the Joint Planning Committee Joint Planning
Agreement
February Regularly scheduled mestings Review of revised
of the Joint Planning Committee Joint Planning
(2) Agreement
February OWASA letter to Chapel Hill Sewer and water
Planning Director extensions to
Starpoint
February Regularly scheduled Joint Review of revises
planning Committee meetings (2) Joint Planning
Agreement
February Issue Paper on Alternative Alternative
Watershed Development Stan- watershed deveioj
dards went standards fc
the Joint Plannii
Area.
March Mailout of Agreement to the Review of Agreem
Towns,OWASA and County attorneys to address legal
as requested in letters to Managers concern,
March Lette.ts to County Attorney from Review of Joint
Carrboro and Chapel_ Hill atCorneys Planning Agreeme
April Carrboro Board of Alderman Carrboro work
woxk session session on th?
Joint Planning
Agreement
11:.fib yl yybb/i j/ I UWN Ur CARPBORO FADE 09
• � .,: - 035
GNTE EVENTS/DOCUMENTS StTPSJECT
• April Letter to Orange County Planning Review of Joint
Director from Everett Billingsley Planning Agree-
ment by OWASA
attorney
April Final. Committee draft Joint Final revised
Planning Agreement revision of the
Joint Planning
Agreement approv(
by the Committee
and distributed
to attorneys for
comment
April Letter to County Attorney from Request for at`,.o3
Orange County planning Dept. review of Agreeme
and other attorne
Co=Wnts and con•
Cerns
November Meeting of County Manager Joint Planning
with Managers of Carrboxo 'Agreement review
and Chapel Hill and revision
December Meeting of County Manager Joint Planning
with Managers of Carrboro Agreement review
and Chapel Hill and adoption
schedule
December orange County Planning staff Review of Manage
review comments and
concerns regardi
the Joint Planni
Agreement, and
procedures and
Committee reviei,
role