HomeMy WebLinkAboutAgenda - 03-27-2014 - C1 z
ORANGE COUNTY BOARD OF COMMISSIONERS
TOWN OF CHAPEL HILL COUNCIL
TOWN OF CARRBORO BOARD OF ALDERMEN
JOINT PLANNING AREA (JPA) JOINT PUBLIC HEARING
ACTION AGENDA ITEM ABSTRACT
Meeting Date: March 27, 2014
Action Agenda
Item No. C.1
SUBJECT: Text Amendments to the Joint Planning Land Use Plan and Agreement -
Revise Existing Language to Ensure Agricultural Activities are Allowed Throughout the Rural
Buffer, Clarify Density and Allow Cluster Subdivisions Outside of the University Lake
Watershed Area, and Clarify the Minimum Required Lot Size Within the University Lake
Watershed Area.
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) Yes
ATTACHMENT(S): INFORMATION CONTACT: (919)
Pages of Joint Planning Land Use Plan and Michael Harvey, Orange County Planning,
Agreement Proposed for Amendment (919) 245-2597
(includes Agreement in its entirety for Craig Benedict, Orange County Planning,
reference) (919) 245-2592
J.B. Culpepper, Town of Chapel Hill Planning,
(919) 968-2728
Trish McGuire, Town of Carrboro Planning,
(919) 918-7324
PURPOSE: To receive public comment on a proposal to amend the Joint Planning Land Use
Plan and Joint Planning Agreement modifying language to ensure agricultural activities are
allowed throughout the Rural Buffer and clarify required densities and minimum lot sizes within,
and outside of, the University Lake Watershed Area.
BACKGROUND: In October 1986 Orange County and the Towns of Chapel Hill and Carrboro
adopted a Joint Planning Land Use Plan (hereafter `the Plan') outlining acceptable levels of
development within what became the County's Rural Buffer general use zoning district. In
1987 the participating entities adopted a Joint Planning Agreement (hereafter `JPA')
establishing parameters for the review and approval of development projects within the area.
The Plan envisions two (2) distinct types of development areas, namely.
• Transition Areas: Areas of future urban growth administered by the Towns of Chapel Hill
and Carrboro under their individual land use and zoning regulations in accordance with
the Plan. The County's role in the Transition Areas is to review and comment on
development proposals, as well as text and atlas amendments, as detailed within the
JPA.
• Rural Buffer: Areas outside of the aforementioned Transition Areas under County
regulatory control intended to remain rural in character where annexation is prohibited
3
and urban services (i.e. water and sanitary sewer) are not a necessary component to
support development. As previously indicated, this area corresponds to the Rural Buffer
Land Use Classification as detailed within the adopted 2030 Orange County
Comprehensive Plan and the Rural Buffer (RB) general use zoning district as defined
within Section 3.3 of the Orange County Unified Development Ordinance (UDO).
The Town's also review development proposals and text/atlas amendments occurring
within this area in accordance with the JPA.
These are broad categories of land uses composed of additional sub-categories of defined
development areas allowing for varying intensities of development and land uses. The Rural
Buffer area is currently broken down into eight separate land use categories, specifically:
a. Resource Protection Areas,
b. Public/Private Open Space Areas,
c. New Hope Creek Corridor Open Space Areas,
d. Agricultural Areas,
e. University Lake Watershed Area,
f. Rural Residential,
g. Retail Trade Areas, and
h. Extractive Use.
ISSUE(S): In completing a recent assessment of the Plan and JPA, County Planning staff noted
the following concern(s):
1. The Agricultural Areas land use category is not depicted on the various maps contained
within the Plan and, to staff's knowledge, no properties were ever designated as being
within this category.
While staff is unsure why no properties were delineated, recent changes in State
regulations as well as planning practice no longer lend credence to the notion that
agricultural activities can somehow be limited or restricted with respect to their location in
the areas covered by the Plan.
2. The Rural Residential land use category does not specify a density limit. While it does
require a minimum lot size of 2 acres, there is no mention of a maximum permissible
density within the category.
It should be noted staff has always interpreted there is a 1 dwelling unit for every 2 acres
of land area density for parcels located within the category.
3. The clustering of lots, through the County's subdivision process, is not viable in the Rural
Residential land use category.
The existing process allows for the reduction of required lot sizes, not below 1 acre in
area, so long as 33% of a parcel is preserved in open space and established density
limits are observed. The technique is utilized throughout the county, including the
University Lake Watershed Area, but is not feasible within the Rural Residential land use
category due to existing language within the Plan and JPA.
While clustering of lots may be allowed within the category, the minimum lot size shall be
2 acres. There little incentive to convince a developer to go through the process of
preserving 33% of the property in perpetual open space. Developers will therefore
choose to go through the conventional subdivision process where the preservation of
4
open space, exclusive of what is captured within the proposed individual lots, is not a
requirement.
4. Language within the Plan indicates the minimum lot size for parcels within the University
Lake Watershed Area is 5 acres. The minimum lot size for parcels within the area, as
detailed within the JPA and County regulations, is 2 acres with a density limit of 1
dwelling unit for every 5 acres of property. This contradiction needs to be corrected.
For those familiar with the Town of Carrboro's regulations, the Town requires a 5 acre
minimum lot size for properties located within its Extraterritorial Jurisdictional boundary
(ETJ) for parcels located within its University Lake Watershed district. As indicated
above, the County's regulations require a 2 acre minimum lot size, consistent with
language in the JPA, within its jurisdictional portion of the University Lake watershed.
Staff is proposing to address these issues as follows-
i. Combine the existing Rural Residential and Agricultural Areas land use categories
into 1 category and add language indicating agricultural activities are permitted
throughout the area covered by the Plan.
ii. Add language establishing a density of 1 dwelling unit for every 2 acres for
property located within the Rural Residential land use category.
iii. Allow for cluster subdivisions within the Rural Residential category so long as
proposed density requirements (i.e. 1 unit for every 2 acres) are adhered to.
iv. Change language within the Plan denoting the required minimum lot size for
parcels in the University Lake Watershed Area is 2 acres consistent with the
adopted JPA and existing County regulations.
FINANCIAL IMPACT: Costs to hold a public hearing on this item have been paid from FY
2013-14 funds budgeted for this purpose. Necessary work has been accomplished using
existing staff. Enactment of the amendments is not expected to have a direct financial impact
on the local governments.
RECOMMENDATION: The Planning Staffs recommend that the governing boards:
1. Hear public comment on the proposed amendments to the Joint Planning Land Use Plan
and Agreement.
2. Close the public hearing.
3. Refer the matter to the local governments for decision in accordance with the following
schedule:
a. Orange County
Orange County Planning Board for recommendation — May 7, 2014
Board of County Commissioners for possible action — June 3, 2014
b. Chapel Hill
Chapel Hill Planning Board for recommendation — May 6, 2014
Town Council for possible action — June 9, 2014
c. Carrboro
Carrboro Planning Board for recommendation — May 1, 2014
Board of Aldermen for possible action — June 3, 2014
5
PAGE 57—JPA LAND USE PLAN
*ORANGE COUNTY LAND USE PLAN CATEGORIES
*Amended
2/3/92 (effective 2/24/92)
Basic Category Land Use Plan Category
DEVELOPED Urban
Existing Urban Activity Node
Proposed Activity Node
TRANSITION Ten-Year Transition
Twenty-Year Transition
Commercial Transition Activity Node
Commercial-Industrial Transition Activity Node
COMMUNITY Rural Community Activity Node
RURAL Rural Buffer
Rural Residential
Agricultural-Residential
Rural Neighborhood Activity Node
Rural Industrial Activity Node
CONSERVATION Public Interest District
Water Supply Watershed
Water Quality Critical Area
New Hope Creek Corridor Open Space
*****************************************************************************************************************
*JOINT PLANNING AREA LAND USE PLAN CATEGORIES
*Amended
4/2/90
2/3/92 (effective 2/24/92)
Major Class Subclass Land Use Plan Category
TRANSITION Transition Resource Protection
Transition I Public-Private Open Space
Transition II New Hope Creek Corridor Open Space
Suburban Residential
Urban Residential
Office-Industrial
Future UNC Development
Retail Trade
Light Industrial
Disposal Use
RURAL Rural Buffer University Lake Watershed
CONSERVATION Resource Protection
Public-Private Open Space
New Hope Creek Corridor Open Space
Rural Residential and Agricultural
Staff is recommending combining the terms together and creating a new land use category
PAGE 57 -a — JPA LAND USE PLAN s
Retail Trade
Extractive Use
PAGE 60—JPA LAND USE PLAN
*Suburban Residential Areas are designated for housing densities ranging from one (1)to five (5)
dwelling units per acre. Such areas are located where land is changing from rural to urban, suitable for urban
densities, and to be provided with public utilities and services. Housing types range from single-family to
duplexes to multi-family dwellings.
*However, densities may be lower than one dwelling unit per acre in Suburban Residential Areas.
Chapel Hill as part of its Southern Small Area Plan has identified certain areas in the Southern Triangle as
being suitable for densities not exceeding one (1) unit per acre for areas immediately east of U.S. 15-501 and
densities not exceeding one(1) unit per five (5) acres for areas immediately west of Old Lystra Road.
*Amended 2/1/93
Urban Residential Areas are similar to Suburban Residential Area in terms of both housing types
and public services availability. However, densities are higher, ranging from six(6)to thirteen (13) dwelling
units per acre.
Office-Institutional Areas is a category consisting of establishments which offer an array of
financial, insurance, real estate, legal, medical, and business services. Such areas generally have public
utilities and services available and are located adjacent to heavily traveled streets.
Future UNC Development is a category established for lands owned by the University of North
Carolina, including Horace Williams Airport and adjacent parcels. Such lands are contemplated for expansion
of the UNC campus, provided the Airport is relocated.
Retail Trade Areas are limited in Transition Areas, including existing establishments at Starpoint and
Calvander. Modest room for expansion was projected in Transition Areas.
Light Industrial Areas are singular, consisting of the Chapel Hill Industrial Park on Eubanks Road
and the proposed site between Eubanks Road and Homestead Road are included in this category.
Disposal Use Areas consist of landfill sites, either existing or future The existing landfill on Eubanks
Road and the proposed site between Eubanks Road and Homestead Road are included in this category.
*Rural Buffer and Conservation
*Amended
4/2/90
2/3/92 (effective 2/24/92)
The basic categories of Rural Buffer and Conservation have been combined in the Joint Planning
Area Land Use Plan to form a single land use classification—Rural Buffer.
I
s
PAGE 60-a-JPA LAND USE PLAN
The Rural Buffer is 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,
res;deRtma uses and not require urban services (public utilities and other Town services). The Rural Buffer is
expected to contain low density residential uses as well as agricultural uses The Rural a„ o.and consists of
the following Joint Planning Area Land Use Plan categories: Rural Residential and Agricultural; Z
Public-Private Open Space; Resource Conservation; New Hope Creek Corridor Open Space; Extractive Use;
and the overlay category designated University Lake Watershed Area.
Rural Residential and Agricultural Areas are low-density areas consisting of single-family homes
situated on large lots two aGreg an size or weater with a minimum lot size of two acres, except when part of a
cluster subdivision and then adhering to a density limit of 1 unit for every 2 acres of property. Cluster
subdivisions, reducing parcels to at least 1 acre in area, are allowed so long as density limits for the entire
subdivision are maintained. s In that respect, Rural Residential Areas are identical to the definition of the
Rural Buffer. The area includes property supporting farming operations, including forestry activities,
established in accordance with the provisions of the North Carolina General Statutes.
Qualify for, or are 1*6ted f-,, use .-I-- a+m„
Public-Private Open Space Areas include major land areas owned or controlled by public and
private interests in the Rural Buffer. Such holdings as Duke Forest, Camp New Hope, U.S. Government
lands associated with Jordan Lake, the 100-foot buffer along 1-40, and Orange Water and Sewer Authority
lands adjacent to University Lake and the quarry site on N.C. Highway 54 provide open space through
research, educational, forest management, and recreational functions.
Resource Conservation Areas in the Rural Buffer are identical to those in the Transition Areas; i.e.,
floodplains, wetlands along drainage tributaries, and steep slope areas (15% or greater). The areas form the
basis for a parks and open space system (see Strategy Map)which provided the framework within which
other land uses are situated.
New Hope Creek Corridor Open Space Areas include some of the Resource Protection Areas and
a portion of the Public/Private Open Space Areas which were designated as significant and worthy of
protection according to the New Hope Corridor Open Space Master Plan completed in April of 1991. (See
Master Plan Map following Strategy Maps). The areas are part of a system of open space in Durham and
Orange Counties along New Hope Creek and its tributaries between Eno River State Park and U.S. Army
Corps of Engineers land north and south of Jordan Lake. This category is made up of critical environmental
areas such as steam beds, floodplains, steep slopes, and larger tracts of historic, educational, or recreational
value
Extractive Use Areas encompass mining and quarry operations. Only one such site exists in the
Rural Buffer, the American Stone Company quarry on N.0 Highway 54 west of Carrboro.
z II
County governments do not have the authority to restrict the location of agricultural activities while
municipalities can regulate farms located within their corporate limits. Agricultural activities, as defined within
State law, are allowed in all areas subject to the Plan Staff is clarifying existing language accordingly and
eliminating references to `Agricultural Areas' as being a separate Plan land use category and combining it
with the Rural Residential Land Use Category.
3 Cluster subdivisions are allowed throughout the County, including the University Lake Watershed Area, with
the exception of the Rural Residential area of the Rural Buffer We are modifying existing language to allow
cluster subdivisions in the Rural Buffer, outside of the University Lake Watershed Area, so long as a density
limit of 1 dwelling unit per 2 acres is maintained. This proposed amendment does not impact existing density
limits in the University Lake Watershed Area, which only allows 1 dwelling unit for every 5 acres of land area.
Staff has incorporated comments received by the County Attorney's office as well as Chapel Hill and Carrboro
Planning staff.
4 This information has been captured within the renamed `Rural Residential and Agricultural Areas' land use
category.
9
Retail Trade Areas in the Rural Buffer include low intensity neighborhood centers which serve the
immediate area and generate low traffic volumes. Only one such area is designated in the Rural Buffer—
Blackwood station on N.C. Highway 86
PAGE 60-b—JPA LAND USE PLAN
*University Lake Watershed Area
*Amended
4/2/90
The University Lake Watershed Area includes all lands which drain into the University Lake reservoir.
Density within this area is limited to 1 dwelling unit for every 5 acres with a required minimum lot size of 2
acres Based on a preferred watershed protection strategy of land use controls as recommended by Camp,
Dresser and McKee in the University Lake Watershed Study, only low-intensity residential uses are permitted.
A MiRiMUM Ira size rf
any d
5Cluster subdivisions with lot sizes of not less than one (1) acre are also allowed so long as
density limits are adhered to. There is an allowance for as well as the creation of° limited R um of 5 lots
(5) Of tWG aGF8 lots at a density of 1 unit per 2 acres for property legally in existence as of October 2, 1989
Additional lots shall be allowed consistent with the 1 unit per 5 acre density as detailed herein
5 The minimum lot size in the Rural Buffer is 2 acres. Density(i.e. how many residences are allowed on a
given property) has always been limited to 1 dwelling unit for every 5 acres of property With this amendment
staff is moving density language to the front portion of the description so that it is understood what the limit is.
We are also indicating the required minimum lot size for the area is 2 acres to ensure consistency with the
Joint Planning Agreement.
6 Staff is adding the specific date a lot has to have existed on to qualify for the 2 acre density allowance This
date is consistent with the existing requirements of Orange County's Unified Development Ordinance (UDO)
specifically Section 4.2.4
10
PAGE 61 —JPA LAND USE PLAN
LOCATION STANDARDS
The principal task in formulating a land use plan is determining where specific land uses will be
located. The primary elements feeding into this step include the operating principles outlined previously and a
defined set of location standards
The location standards proposed for the preparation of the Joint Planning Area Land Use Plan are
based upon previously enumerated background elements—natural environment and compatibility with
existing land use patterns. On the accompanying page, there elements are listed on the horizontal axis of the
Location Standards Matrix. Included in the matrix, but not previously defined are various street classifications
listed under Transportation Accessibility. These classifications are defined as follows:
STREET CLASSIFICATIONS
STREET TYPE FUNCTION SPEED ROW DAILY TRIP ACCESS TRAVEL
VOLUME LENGTH LANES
INTERSTATE Movement 55 mph 200-300' >40K >3 mi. Limited 4
ARTERIAL Movement 45 mph 120-150' 10K-25K >1 mi. Unlimited 4
COLLECTOR Movement/A 35 mph 60-70' 800-3K <1 mi. Unlimited 2
ccess
LOCAL I Access 1 25 mph 50' 75-200 <1/2 mi. Unlimited 2
Listed on the vertical axis are the general land use planning categories. By locating the desired land
plan category on the vertical axis, it is possible to read from left to right and identify by the"X" symbol desired
locations for each land use type.
CONCEPTS AND STRATEGIES
Following the November Public Information Meeting, four alternative strategy maps were prepared
with illustrated various development scenarios for the Joint Planning Area. The four maps sought to identify
those areas which would be classified as urban, transition, and rural buffer without identifying specific 10 and
20 year growth areas. The four maps are reproduced in sketch form on the following pages The basis
premises governing each alternative are listed below.
LOCATION STANDARDS MATRIX 11
STAFF NOTE: We are recommending deleting existing references to the `Agricultural' category and combining them with the
existing `Residential' category. Staff has denoted those locations where `x' has been added in red underlined text to preserve
the locational criteria for agricultural uses within the `Residential' category.
SLOPE
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STAFF NOTE: We are recommending deleting existing references to the `Agricultural' category and combining them with the
existing `Residential' category. Staff has denoted those locations where `x' has been added in red underlined text to preserve
the locational criteria for agricultural uses within the `Residential' category.
12
PAGE 81 —JPA LAND USE PLAN
*THE RURAL BUFFER
*Amended
4/2/90
2/3/92 (effective 2/24/92)
€�Seven categories of Rural Buffer land use have been depicted on the Land Use Plan.
These categories include Resource
13
PAGE 82—JPA LAND USE PLAN
Protection Areas, Public-Private Open Space Areas, AgFuGUItural Fees. ,, Rural Residential and
Agricultural Areas, Retail Trade Areas, Extractive Uses, and the overlay category designated
University Lake Watershed Area.
Resource Protection Areas
As was the case with Transition Areas, Resource Protection Areas have been designated
on the Land Use Plan to include flood plains, and wetlands along drainage tributaries and steep
slope areas (15% or greater). These areas form the basis for a comprehensive parks and open
space system which provides the framework within which other land use categories are to function.
Parks have been generally located throughout the Joint Planning Area using a neighborhood park
one-half mile service radius. The parks, as well as portions of Duke Forest, are linked together by a
system of greenways extending along drainageways, and pedestrian routes (sidewalks) along
thoroughfares.
Public/Private Open Space Areas
Major land areas owned or controlled by both public and private interests in the Joint
Planning Area have been designated on the Land Use Plan. These areas include the following:
1. Duke Forest;
2. University of North Carolina lands (excluding Horace Williams Airport and adjacent
properties);
3. U.S. Government lands associated with conservation areas around the Jordan Lake
Reservoir;
4. Orange Water and Sewer Authority lands associated with conservation areas around
University Lake and raw water storage in the former quarry site on NC Highway 54: and
5. Camp New Hope conference and recreational center.
A Public/Private Open Space Area has also been designated along Interstate 40 to
recognize the Major Transportation Corridor (MTC) district established to provide a 100-foot
buffer along that route. The Plan recommends utilization of portions of the buffer to link
proposed park and greenway areas together.
While the status of such holdings as Duke Forest, UNC lands and Camp New Hope
is uncertain in the future, their continued existence appears likely during the planning period.
This is due to the research, educational, forest management and recreational functions
related to such areas. If decisions are made to change the use of such large tracts of land,
negotiations should be initiated to secure the use of all or portions of the tracts for recreation
and/or open space purposes. Such areas contribute greatly to the natural setting of the
Joint Planning Area and every effort should be made to retain such features.
New Hope Creek Corridor Open Space Areas include some of the Resource Protection
Areas and a portion of the Public/Private
As previously indicated, County governments do not have the authority to restrict the location of agricultural
activities. Agricultural activities, as defined within State law, are allowed in all areas that are subject to this
Plan. Staff is clarifying existing language accordingly and eliminating references to `Agricultural Areas' as
being a separate Plan land use category and combining it with the Rural Residential Land Use Category.
14
PAGE 83—JPA LAND USE PLAN
Open Space Areas which are designated as significant and worthy of protection according
to the New Hope Corridor Open Space Master Plan completed in April of 1991. (See
Master Plan Map following Strategy Maps). The areas are part of a system of open space in
Durham and Orange Counties along New Hope Creek and its tributaries between Eno River
State Park and U.S. Army Corps of Engineers land north of Jordan Lake. This category is
made up of critical environmental areas such as stream beds, floodplains, steep slopes, and
larger tracts of historic, educational, or recreational value. The New Hope Corridor Open
Space Master Plan describes these areas in detail and makes specific recommendations as
to how they should be protected or utilized for environmental, educational, and/or
recreational purposes.
Ar.rinUltUFal Arpa-q 2
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the Wnt Dlnnninn reo The c��niev inrtinoter) th Asp Iond oreoc o� rrenthi in I ige for
aGIF fi urol p mesec Thic infermotien wa6 further verified throunh the (lranne GG rnty Tax
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nr,r,- th It well be ef veFY lew deRsuty atuFe and will generally G R606 f
*University Lake Watershed Area
*Amended
4/2/90
The University Lake Watershed Area includes all lands which drain Into the University Lake reservoir.
Density within this area is limited to 1 dwelling unit for every 5 acres with a required minimum lot size
of 2 acres. Based on a preferred watershed protection strategy of land use controls as recommended
by Camp, Dresser and McKee in the University Lake Watershed Study, only low-intensity residential
uses are permitted. A minimum lot size et
five (5) aGFe6 is requiFed for ' . Cluster subdivisions with lot sizes of not less than one
(1) acre are also allowed so long as density limits are adhered to. There is an allowance for as well
as the creation of a limited Rum- - of 5 lots at a density of 1 unit per 2 acres for
Property legally in existence as of October 2, 1989.4 Additional lots shall be allowed consistent with
the 1 unit per 5 acre density as detailed herein.
2 Some of this Information has been relocated to the renamed Rural Residential and Agricultural section of the
Plan and is denoted in preen underlined bold text on the next page
3 The minimum lot size in the Rural Buffer is 2 acres. Density(i.e. how many residences allowed on a given
property) has always been limited to 1 dwelling unit for every 5 acres of property. With this amendment Staff
is moving density language to the front portion of the description so that it is understood what the limit it. We
are also indicating the required minimum lot size for the area is 2 acres.
4 Staff Is adding the specific date a lot has to have existed on to qualify for the 2 acre density allowance.
5 Staff has ensured the language describing the University Lake Watershed Area is consistent throughout the
Plan.
15
*Rural Residential and Agricultural
*Amended
4/2/90
The Rural Residential category is a low-density area consisting of single-family
homes situated on large lots with a minimum lot size of two acres, except when part of a cluster
subdivision and then adhering to a density limit of 1 unit for every 2 acres of property. two aGFes_its
size 9F gFea Cluster subdivisions, reducing parcels to at least 1 acre in area, are allowed to as
long as density limits for the entire subdivision are maintaine&. The Rural Residential
designation is identical to the Rural Buffer category contained in the current Orange County
Land Use Plan. The Rural Buffer category is described in the Plan as Land adjacent to an
Urban or Transition area which is rural in character and which should remain rural; contain
very low-density residential uses and agricultural uses; and not require urban services
(water and sewer) during the Plan period.
Agricultural areas existing within Transition Areas are expected to change
from rural to urban uses as Chapel Hill and Carrboro continue to grow and as public
water and sewer services are expanded. Agricultural areas are located principally in
University Lake Watershed but are also prominent along the northern perimeter of the
Planning Area boundary. As development occurs in these areas, it will be of very
low-density in nature and will generally consist of farm dwelling and outbuildings in
support of agricultural operations.
To the north of Chapel Hill and Carrboro in the New Hope Creek drainage basin, low-
density residential development has taken place along Whitfield Road, Sunrise Road and
Erwin Road. Residential developments similar to Sedgefield, Stoneridge, Oak Hills,
Birchwood Lake Estates and Falls of the New Hope are expected to continue, relying on
wells and septic tanks for water supply and sewer disposal.
To the west of Carrboro, Rural Residential development is also expected in
University Lake Watershed. However, only low-density residential and agricultural uses are
anticipated. G^:this Feat 1n FesideRtia' Development will continue to rely on wells and
septic tanks for water supply and sewage disposal.
The remaining area designated for Rural Residential and Agricultural development is
the Southern Triangle area in the extreme southeastern portion of the County. The area
drains to the southeast toward Jordan Lake and is beyond the ridge line of the Morgan
Creek basin, an area which can be served by gravity sewer lines. The Southern Triangle is
also characterized by environmental constraints such as steep slopes, flood plains and soils
with poor stability, so low-density development is projected.
There are approximately 9,260 acres of land designated for Rural Residential and
Agricultural purposes in the Land Use Plan. If developed at an average density of one
dwelling unit per two acres with 15% of the area subtracted out for streets and roads, the
holding capacity of the area in terms of dwellings is 3,935. If multiplied by the 1980 Census
figure for population per household (2.6), the estimated population would be 10,231.
6 As previously indicated we are modifying existing language to ensure required minimum lot sizes and
density limits are observed. As previously indicated staff has incorporated comments from the County
Attorney's office and the Towns of Carrboro and Chapel Hill into this section.
16
September 22, 1987
Amended April 2, 1990
Amended September 30, 1998
Amended February 2, 1999
Amended August 20, 2002
Amended June 24, 2003
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-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.
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B. Joint Planning Area Land Use Plan. The Orange County-Chapel Hill-Carrboro Joint
Planning Land Use Plan dated 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 Joint Planning Area Land Use Map as of the effective date of this
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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 and Agricultural, ; 1,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, unless the cluster subdivision option is used and density limits are
maintained.? 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 agricultural 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
'We are combining the existing`Agricultural'land use category with the `Rural Residential'category as part of
amendments to the Plan The agreement is beiong updated accordingly.
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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.
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.
2 Incorporating modifications within the Plan into the Agreement
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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.
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 11; 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 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
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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
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.
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.
ARTICLE 2. ADOPTION,ADMINISTRATION AND
AMENDMENT OF STANDARDS
Section 2.1 Standards Within the Transition Area
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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 in 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 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.
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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 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 all
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.
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B. Whenever Chapel Hill or Carrboro receives an application for a development permit as
defined in this 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 received the application,whichever comes first.
C. From time to time a development moratorium is appropriate in order to address exigent
circumstances or the results of a study of density designations,plan classifications or other
matters prescribed by the adopted Joint Planning Area Land Use Plan,the Joint Planning
Area Land Use Map or any of the land use ordinances of the Town of Chapel Hill or the
Town of Carrboro. To preserve the status quo pending the consideration of a land use
ordinance amendment designed to address exigent circumstances or the results of a study,
the Town of Carrboro or the Town of Chapel Hill may propose the adoption of a
development moratorium pending consideration of the ordinance amendment. With
respect to the CJDA, any proposed moratorium shall not be effective until adopted by the
Town of Carrboro and approved by Orange County following a public hearing conducted
by the Town of Carrboro. With respect to the CHJDA, any proposed moratorium shall not
be effective until adopted by the Town of Chapel Hill and approved by Orange County
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following a public hearing conducted by the Town of Chapel Hill. Any such adopted and
approved moratorium shall initially be no more than six months in duration and may be
extended one time for no more than six months for the reasons and following the
procedures prescribed here.
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 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.
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C. From time to time a development moratorium is appropriate in order to address exigent
circumstances or the results of a study of density designations,plan classifications or other
matters prescribed by the adopted Joint Planning Area Land Use Plan,the Joint Planning
Area Land Use Map or any of the land use ordinances of Orange County. To preserve the
status quo pending the consideration of a land use ordinance amendment designed to
address exigent circumstances or the results of a study, Orange County may propose the
adoption of a development moratorium pending consideration of the ordinance
amendment. Any proposed moratorium shall not be effective until adopted by Orange
County following a public hearing conducted by Orange County. Any such adopted
moratorium shall initially be no more than six months in duration and may be extended
one time for no more than six months for the reasons and following the procedures
prescribed here.
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 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,
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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
Area 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.
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.
2s
I
C. Whenever Chapel Hill proposes to amend the text of its Land Development Ordinance,
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
I
County not later than thirty(30)days before the date of the public hearing on any such
II
amendment. However,with the written consent of the Orange County Manager or his
i
designate,this thirty(30) day period may be reduced to not less than ten(10) days. Unless
Orange County 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
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County may be accomplished only pursuant to subsection C above(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,
including the creation of or changes to the `floating' conditional use districts designed to
implement the recommendations of the `Facilitated Small Area Plan for Carrboro's
Northern Study Area' (Village Mixed Use conditional use districts or Office/Assembly
conditional use districts)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.
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Section 2.7 Representation of Transition Area Residents
Chapel Hill shall revise its Land Development Ordinance and 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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