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HomeMy WebLinkAboutAgenda - 10-15-2015 - C1 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: October 15, 2015 Action Agenda Item No. C.1 SUBJECT: Text Amendment to the Joint Planning Agreement— Revise Existing Language Regarding Transition Area Resident Representation of the Chapel Hill Planning Commission and Board of Adjustment DEPARTMENT: Planning and Inspections PUBLIC HEARING: (YIN) Yes ATTACHMENT(S): INFORMATION CONTACT: (9'19) Town of Chapel Hill Planning Staff Report Gene Poveromo, Town of Chapel Hill Planning, 969-6069 Perdita Holtz, orange County Planning, 246- 2678 Craig Benedict, orange County Planning, 246- 2692 Trish McGuire, Town of Carrboro Planning, 918-7324 PURPOSE: To receive public comment on two proposed options to amend the Joint Planning Agreement to revise existing language regarding Transition Area resident representation on the Town of Chapel Hill's Planning Commission and Board of Adjustment. BACKGROUND: In the mid-1980s orange County and the Towns of Chapel Hill and Carrboro adopted a Joint Planning Land Use Plan and accompanying Agreement that provided land use planning for the area of the county commonly referred to as the Rural Buffer and for areas designated as "Transition Areas" adjacent to the Towns of Chapel Hill and Carrboro. Transition Areas were defined as areas in transition from rural to urban and were projected to be provided with urban services (public utilities and other town services). The full plan and agreement is available at. LI!L.Horan cunt ncn v lannipg/Documents.a In October 2014, the Town of Chapel Hill enacted an Extraterritorial Jurisdiction (ETJ) expansion ordinance that changed most of the Town's designated Transition Area to ETJ. Because there is relatively little Chapel Hill Transition Area remaining, the Town of Chapel Hill has proposed two options for potential amendments to the Joint Planning Agreement regarding Transition Area resident representation on its Planning Commission and Board of Adjustment. The attached Town staff report provides further details on the options. Amendments to the Joint Planning Agreement require a joint public hearing and approval by the three governing boards of the jurisdictions that are parties to the agreement. 3 FINANCIAL IMPACT: Costs to hold a public hearing on this item have been paid from County FY 2015-16 funds budgeted for this purpose. Necessary work has been accomplished using existing local government staff. Enactment of the amendments is not expected to have a direct financial impact on the local governments. SOCIAL JUSTICE IMPACT: The following social justice goal is applicable to this item GOAL: ENABLE FULL CIVIC PARTICIPATION Ensure that orange County residents are able to engage government through voting and volunteering by eliminating disparities in participation and barriers to participation. RECOMMENDATION: The Planning Staffs recommend that the governing boards: 1. Hear public comment on the proposed options to amend the Joint Planning 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 — November 4, 2015 Board of County Commissioners for possible action — December 7, 2015 b. Chapel Hill Chapel Hill Planning Board for recommendation — done on September 1, 2015 Town Council for possible action — November 9, 2015 c. Carrboro Carrboro Planning Board for recommendation — November 6, 2015 Board of Aldermen for possible action — November 10 or 24, 2015 4 TOWN OF CHAPEL HILL NORTH CAROLINA MEMORANDUM r , TO: Carrboro Board of Aldermen Chapel Hill Town Council Orange County Commissioners FROM: Mary Jane Nirdlinger, Chapel Hill Planning and Sustainability Gene Poveromo, Chapel Hill Development Manager SUBJECT: A Proposal to Amend Section 2.7 of the Joint Planning Area Agreement Regarding the Joint Planning Area(JPA) Membership on the Chapel Hill Planning Commission and the Chapel Hill Board of Adjustment. Recommended Action • That the governing bodies consider the proposed amendment, recess the public hearing and take action on the proposed amendment at their respective follow-up meetings. Explanation of Recommendation Joint Manning Agreement • The Joint Planning Agreement requires that the Chapel Hill Planning Commission and the Chapel Hill Board of Adjustment include one representative from the Joint Planning Area JPA). • Changing JPA representation on the Chapel Hill Planning Commission and the Board of Adjustment requires the County Commissioners, the Carrboro Board of Aldermen, and the Chapel Hill Town Council to unanimously agree to amend the Joint Area Planning Agreement. Context with Key Issues Reducing the JPA land area • On October 15 20 14. the Chapel Hill Town Council enacted an ordinance to expand the Town's Extraterritorial Jurisdictional (ETJ)boundary. This expansion was achieved by switching the Joint Planning Area JPA} in the Roger's Road neighborhood to ETJ. • This effectively reduced the JPA from 1,033 acres to 274 acres. A map of the current ETJ and JPA areas is attached. The ETJ area outlined in red identifies the area that was previously JPA prior to October 15, 2014. • The expansion of the ETJ was undertaken in order to help fund a plan to expand public sewer service into the Roger's Road neighborhood. 5 • Tonight's discussion is to consider if, due to the reduced area of the JPA and associated reduction in residential population, the JPA representation on the Chapel Hill Planning Commission and Board of Adjustment should be amended. Population Estimates • The estimated 2013 population of the Town of Chapel Hill, is 59,635. This represents population within Chapel Hill's corporate limits in both Orange and Durham County. while there is no formal population estimate for the planning areas outside the corporate limits (ETJ and JPA),it is possible to extrapolate a population in the ETJ/JPA based on the number of dwelling units in those areas (According to the 2010 Census, there are approximately 2.38 people per household in Chapel Hill). • The chart below reflects the 2013 corporate limits population and the extrapolated population for the new ETJ boundary and reduced JPA area. Chapel Hill Area Population Estimate %of Population Town Limits 59,635 93.3% Extraterritorial Jurisdiction 4, 20 6.3% Joint Planning Area 297 0.4% Total 63,952 100% Options for Consideration Chapel Fitt Planning Commission Recommendation (option A) • The Chapel Hill Planning Commission recommended amending the Joint Planning Area agreement to replace the Joint Planning Area member on the Planning Commission and the Board of Adjustment with a Chapel Hill Resident. • The Chapel Hill Planning Commission based their recommendation on the fact that the current ETJ/JPA population percentage (6.7%) is less that the representative percentage (22%) of 2 seats on the Planning Commission. The Commission noted that with one ETJ/JPA seat on the Planning Commission, there is still almost double the population representation (11%vs.6.7%) on the Planning Commission. 5 Other options (option B) • Another option includes: o Replacing the JPA seat with an ETJ or JPA resident within 90 days of a vacancy, with an opportunity for the Chapel Hill Town Council to appoint a Chapel Hill Town resident after the 90 day time period. Next Steps • Following tonight's meeting, this matter will return to each governmental body for addition consideration and possible final action. The schedule for these future meetings is listed below: • Carrboro Board of Aldermen—November 10 or 24, 2015 • Chapel Hill Town Council - November 9, 2015 • orange County Commissioners —December 7, 2015 Notifications • The Town of Chapel Hill sent a post card to all property owners in the Joint Planning Area notifying them of tonight's public hearing, as well as the proposed amendment. The post card also noted the above listed meetings. Attachments • Draft option A • Draft option B • Copy of Section 2.7 (Representation of Transition Area Resident): page 15 from the Joint Planning Agreement • Chapel Hill Planning Commission Recommendation • Map of JPA and ETJ 7 OPTION A This option replaced the JPA seat on the Chapel Hill Planning Commission and the Chapel Hill Board of Adjustment with a Chapel Hill Resident(new text underlined, deleted text strike through) Section 2.7 Representation of Transition Area Residents (Carrboro) C arrb oro shall revise its Land Use Ordinance to provide that at least one resident of the town's Te Transition area shall be appointed to the town's planning board and board of adjustment, in the same manner as representation of extraterritorial planning area residents is provided for in the Town's ordinance. OP TI B 8 � �N This option provides a 90 day period in which the County Commission can fill a vacant JPA seat with a JPA or ETJ resident. If the vacancy is not filled after 90 days, the Chapel Hill Town Council may fill the vacant seat with a Chapel Hill Resident(new text underlined, deleted text strike through) (NEW TEXT) Section 2.7 Representation of Transition Area Residents Chapel Hill: Chapel Hill shall revise its Land Use Development Ordinance to provide that in addition to one Extraterritorial Jurisdiction representative on the Planning Board and Board of Adjustment that the County Commission appoints one additional representative from the Joint Plannins4 Area or the Extraterritorial Jurisdiction. If an appointment by the County Commission is unable to be secured within 90 days of a vacancy, the Town Council may fill the vacant seat with a Chapel Hill resident. Chapel Hill shall notify Orange County of any vacancies for which Orange County is to make an appointment, within ten days of a vacancy. At the request of the County Commission, the Town Council may extend the 90 day time limit. Carrboro: Carrboro shall revise its Land Use Ordinance to provide that at least one resident of Town's Transition area shall be appointed to the Town's respective planning board and board of adjustment, in the same manner as representation of extraterritorial planning area residents is provided for in the Town's ordinance. 1 (DELETED TEXT) Section 2.7 Representation of Transition Area Residents Arr i Copy of Page 15 from the Amended April 7,2015 Joint Planning Agreement 9 A. 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. B. 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 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 CHAPEL HILL PLANING NING COMMISSION 10 The charge of the Planning Commission is to assist the Council in achieving the Town's Comprehensive Plan for orderly growth and development by analyzing, evaluating, and recommending responsible town policies, ordinances, and planning standards that manage land use and involving the community in long-range planning. RECOMMENDATION PLANNING COMMISSION AND BOARD OF ADJUSTMENT MEMBERSHIP AND REPRESENTATION September 1, 2015 Recommendation: Approval ❑ Approval with Changes 21 Denial ❑ [noted by double-strikethrough text] Motion: Michael Parker moved and Melissa McCullough seconded a motion to recommend enactment of an ordinance, amending the Land Use Management Ordinance, and a resolution, amending the Joint Planning agreement. The recommendation would replace the Joint Planning Area member, on the Planning Commission and the Board of Adjustment, with a Chapel Hill Resident, as noted below: PLANNING COMMISSION MEMBERSHIP Current Membership Proposed Membership Community Design Commission Champion No Change Environmental Stewardship Champion No Change Housing Advisory Board Champion No Change Transportation & Connectivity Board Champion No Change 3 Chapel Hill Residents No Change Extraterritorial Jurisdiction Resident(ETJ) No Change Joint Planning Area Resident QPA) rYL�-�-�� ���-_ _ "- -—-1 T� �__ --of Chapel Hill resident ■ The Commission also recommended that the JPA seat on the Board of Adjustment is changed to a Chapel Hill resident seat(as recommended for the Planning Commission). Vote: 7 - 0 Ayes: Neal Bench, Travis Clayton, Deborah Harris, Melissa McCullough, Michael Parker, Amy Ryan, Elizabeth Weber Nays: None Discussion: The Planning Commission based its decision on the current ETJIJPA population percentage as compared to Planning Commission member percentage (6.7% versus 22%with 2 representatives and 11% with one representative). With one 11 ETJIJPA Planning Commission member there is still almost double the representation on the Planning Commission. Prepared by: Neal Bench, Chair, Planning Commission Gene Poveromo, Staff Chapel 1 11 Flannill Urisdictiolis gj r September 2015 X C XW m BA � i ET P EAV R Y p �� ETJ ti M 'Aa 1 HO STE D RD r o�N HOO �o URHAM J o N ES ES DR CO�a PHES U s ES Fs � 1 T R,qL G� �T C L D X Legend G�]� Chapel Hill Town Limits c'� TST JPA Joint Planning Agreement Jurisdiction 40 ETJ ETJ-Extraterritorial Jurisdiction a o Map Prepared by Chapel Hill GIS Planning and Sustainability J ��afi N September 2015 �a P W E J PA N&�WNWTM s 25000 D 4 000 Feet