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HomeMy WebLinkAboutAgenda - 06-17-2014 - 6o • 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: June 17, 2014 Action Agenda Item No. 6-o SUBJECT: Joint Planning Land Use Plan and Agreement Amendments — Revisions to Existing Language In g o t Incorporate Changes Made by the Town of Carrboro DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) No ATTACHMENTS: INFORMATION CONTACT: 1. Amendment Package Incorporating Town Michael D. Harvey, Planner III, (919) 245-2597 of Carrboro Comments Craig Benedict, Director, (919) 245-2592 PURPOSE: To consider changes made by the Town of Carrboro adding language to the version of the amendments to the Joint Planning Agreement (JPA) previously approved by the BOCC. BACKGROUND: At its June 3, 2014 regular meeting, the Carrboro Board of Aldermen adopted a resolution approving amendments to the Joint Planning Land Use Plan (Plan) and JPA related to adding language modifying language ensuring agricultural activities are allowed throughout the Rural Buffer and clarifying required densities and minimum lot sizes within, and outside of, the University Lake Watershed Area. As part of its approval, the Board of Aldermen recommended adding the following language to the proposed JPA amendment(s) denoted in green bold text: 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 (already proposed to be added by the County) exempt from zoning regulations and not require urban services (public utilities and other town services). County staff has no concerns related to the additional language. The revised JPA amendment is contained in Attachment 1. Status of Towns' Consideration of Amendments to the Plan and JPA: The modification was presented to the Town of Chapel Hill Council at its June 9, 2014 meeting where the Council voted unanimously to approve the proposed modifications, including Carrboro's suggested language. The Carrboro Board of Aldermen did not take final action on approving proposed modifications associated with adding language to the JPA or the Plan related to the Agricultural Support Enterprises program. The Town will continue review of this item at its June 17, 2014 meeting. Staff expects that some language changes will be made by the Town, which means the County and the Town of Chapel Hill will need to reconsider the language after the summer break. 2 FINANCIAL IMPACT: Consideration and approval will not create the need for additional funding for the provision of County services. Costs for the required legal advertisement were paid from FY2013-14 Departmental funds budgeted for this purpose. Existing Planning staff included in the Departmental staffing budget has accomplished the work required to process this amendment. RECOMMENDATION(S): The Manager recommends the Board: 1. Adopt the Resolution contained in Attachment 1 which approves the modified amendments to the JPA incorporating the Town of Carrboro's comments. fr 3 Resolution#: RES-2014-047 Attachment 1 A RESOLUTION AMENDING PREVIOUSLY APPROVED AMENDMENTS TO THE LAND USE PLAN AND JOINT PLANNING AGREEMENT INCORPORATING CHANGES MADE BY THE TOWN OF CARRBORO WHEREAS, Orange County, the Town of Chapel Hill, and the Town of Carrboro have engaged in a cooperative planning effort for the area known as the Rural Buffer as detailed within a Joint Planning Land Use Plan (hereafter 'the Plan), adopted October 13, 1986, and amended from time to time, and WHEREAS, the administration of this Joint Planning Land Use Plan is laid out within the Joint Planning Agreement (hereafter `Agreement'), originally adopted on September 22, 1987, and amended from time to time, and WHEREAS, Orange County initiated amendments to the Plan and Agreement seeking to ensure agricultural activities are allowed throughout the area, clarify density and minimum lot size requirements, and ensure the viability of cluster subdivisions in the area covered by the Plan and Agreement, and WHEREAS, amendments to the Plan and Agreement were approved by the Board of County Commissioners at its June 3, 2014 meeting, and WHEREAS, at its June 3, 2014 regular meeting, the Town of Carrboro Board of Aldermen adopted a resolution approving amendments with additional language to the Agreement concerning agricultural activities, and WHEREAS, at its June 9, 2014 regular meeting, the Town of Chapel Hill approved the aforementioned amendments, incorporating the Town of Carrboro's language, with no additional modifications, and WHEREAS, the County needs to incorporate the Town of Carrboro's wording change into the approved Agreement. NOW THEREFORE, the Board of Commissioners of Orange County hereby resolves that the Agreement is hereby amended to incorporate changes made by the Town of Carrboro. BE IT FURTHER RESOLVED THAT the amendments to the Joint Planning Land Use Plan and Agreement shall become effective upon adoption by the governing bodies of Orange County, Chapel Hill, and Carrboro. Upon motion of Commissioner , seconded by Commissioner , the foregoing resolution was adopted this day of , 2014. 1 4 I, Donna S. Baker, Clerk to the Board of Commissioners for Orange County, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a meeting held on , 2014 as relates in any way to the adoption of the foregoing and that said proceedings are recorded in the minutes of the said Board. WITNESS my hand and the seal of said County, this day of 2014. SEAL Clerk to the Board of Commissioners 5 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, 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, agricultural uses exempt from zoning regulations,' and agricultural support uses and not require urban services (public utilities and other town services). Agricultural support uses are those designated in the County's Unified Development Ordinance as allowable in the RB (Rural Buffer) general use zoning district or those permitted through the ASE-CZ conditional zoning district. 2 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 ` The green bold text represents a change adopted by the Town of Carrboro. County staff has no concerns over the new language. 2 The blue underlined text is part of a separate amendment to the Agreement still under review. 3