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HomeMy WebLinkAboutAgenda - 02-20-2007-9aORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: February 20, 2007 Action Agenda Item No. q ?Q SUBJECT: Hillsborough Area-Orange County Strategic Growth Plan: Phase One DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) No ATTACHMENT(S): 1. Resolution Accepting Strategic Growth Plan and Calling for Preparation of Interlocal Agreement 2. Proposed Hillsborough-Orange County Coordinated Planning Area Map 3. Strategic Growth Plan Timeline 4. November 20, 2006 Quarterly Public Hearing Draft minutes and Clarion response 5. 12-6-06 Planning Board Minutes 6. DRAFT 2-7-07 Planning Board Minutes 7. Coordinated Planning Area Justification Staff Report INFORMATION CONTACT: Craig Benedict, Planning Director 245-2592 PURPOSE: To consider adoption of a resolution and concept map accepting the Hillsborough Area-Orange County Strategic Growth Plan: Phase One and calling for preparation of an Interlocal Agreement. BACKGROUND: : Phase One includes the `Small Area Plan Report' which was prepared by Clarion and Associates, a joint funded project. Small area plans set the: • General purpose of the planning study area; • Examine the present conditions of planning issues such as land use patterns, utility and roadway infrastructure, etc. and trend future conditions; • Plan for the future within the sustainability constraints of resources (natural, fiscal, and public service) which are then programmed for location and intensity; • Jurisdictional planning review guidelines to promote an efficient and coordinated orderly pattern of growth - in this case, a cooperative planning agreement between the Town of Hillsborough and Orange County; and • Implementation strategy, but not the actual regulatory land use and zoning changes or interlocal agreements which are the next formal stage (i.e., Phase Two). Overall, Phase One is the master concept plan for urban and surrounding rural areas, as now further clarified by the attached resolution. Growth pressures within the Town of Hillsborough, as well as in adjacent areas of Orange County jurisdiction where the Town provides water and sewer services, prompted the Town and County to enter into a joint planning process to develop a `Small Area Plan' (SAP). There are limitations to water resources, so the efficient and locational allocation of these and other resources are paramount. A Town of Hillsborough and Orange County Steering Committee has worked for the past year with the assistance of planning consultants (Clarion) to prepare the Strategic Growth Plan. The Plan, eventually thru Phase I and Phase II, is intended to clarify the most desirable rate, timing, intensity and location for growth occurring over the next 20 years within and around the Town of Hillsborough. An executive summary is on page one of the report. (Original copies were part of the December 12, 2006 agenda. Additional copies available upon request.) The Plan is divided into two phases and intended for presentation over two quarterly public hearing cycles. Phase One of the Plan was presented at the November 20, 2006 Quarterly Public Hearing in Orange County and on November 27 in the Town of Hillsborough. It involves a "big picture" view and generally illustrates four key areas. The November 20,2006 versions originally had numbered areas but has now been made less specific by the Steering Committee resolution and map dated January 17, 2007, based on public and Planning Board input. The specifics will be part of a future Phase Two Cooperative Planning Area Agreement. These generalized areas are noted below with brief comments as to possible changes and are identified on the attached map of the resolution. Conceptual Areas and Ideas Town limits: (Gray) No changes. Town Extra-territorial jurisdiction (ETJ) (Orange) • Minor chances - Hillsborough to divest itself of some ETJ (i.e., return to Orange County Planning jurisdiction) to west for additional ETJ to east and south of town. • County has basic courtesy review in area. Hillsborough Urbanizing (Orange) • Part of Coordinated Planning Area. • New Coordinated Land Use Plan (previously Orange County's10 and 20 Year Transition Areas and EDD). • Substantial changes - County to transfer of day-to-day administration of zoning and subdivision activity to Town; County approval required for land use plan amendments and zoning changes. • County has detailed courtesy review of projects in area. • Possible area for Transfer of Development Rights. Orange County Urbanizing (Orange) • Part of Coordinated Planning Area. • New Coordinated Land Use Plan (previously Orange County's 10 and 20 Year Transition and EDD on the outer edge of Hillsborough Urbanizing). • Moderate changes - County retains day-to-day administration of zoning and subdivision activity in area, but Town approval required for land use plan amendments; outer boundary of area will become annexation boundary. • Town has detailed courtesy review of projects in area. • Possible area for TDR. Rural Peripheral Area (White and Green) • Part of Coordinated Planning Area. • New Coordinated Land Use Plan (primarily areas identified as Orange County Agricultural Residential and Rural Residential bordering Orange County Urbanizing). • Minor changes - County presently responsible for day-to-day administration. • Town has basic courtesy review in parts of this area at this time. • No annexation possible. Comments were received from the Board of Commissioners, Planning Board, and public at the November 20, 2006 Quarterly Public Hearing, especially as it relates to the content of Phase One versus Phase Two issues. Draft minutes of the hearing are included as Attachment 4 including a response by the consultant, Clarion. Following the presentation of the Phase I Town of Hillsborough-Orange County Area Strategic Growth Plan at the November 20, 2006 Quarterly Public Hearing, the Planning Board discussed Phase One of the Strategic Growth Plan at their meeting on December 6, 2006 and adopted the following (see also minutes, Attachment 5): Motion: (December 6, 2006) Judith Wegner made a motion containing the following steps: 1. Recommend in concept, Phase One; 2. That we specifically go on record that we have not had the opportunity to view the details to where any lines on the illustrative map might finally be situated nor have citizens in the areas really had an opportunity to look at that fully so that we want the record to show that we are not buying into the details of the map at this point to be binding on us or anybody else in the future; 3. That we understand that In Phase Two there would be extensive outreach to people in those communities with ample opportunities informally and formally to ask questions and find out more about densities or other factors, about how this might in fact be implemented and direct that the Planning staff bring back to us specifics on how this might be done effectively; and 4. Finally, that the details of the conversation and questions and comments from the Board be submitted along with this motion to the Board of Commissioners. Second: Craufurd Goodwin Vote: UNANIMOUS The Planning Board's unanimous recommendation was an item for decision on the December 12 BOCC agenda, but time constraints prevented consideration of it. January 2007 Discussions Phase One recommendations are primarily conceptual boundaries illustrating areas of planning process and government planning jurisdiction. That is, what areas will be urbanizing and what areas are rural to protect against sprawl and under whose regulatory authority. These conceptual areas do not change land use, but are a precursor to discussion during upcoming public outreach as Phase Two is considered. Phase Two does become more than conceptual by addressing a formal interlocal agreement and land uses through a series of outreach activities and public hearings. The Strategic Growth Plan Steering Committee comprised of Hillsborough and Orange County Commissioners, Planning Board members and other appointed stake holders met on January 11, 2007 to review comments from the County and Town public hearings and board discussions. They recommended preparation of a resolution calling for an interlocal agreement and "bubble map" based on Phase One of the Strategic Growth Plan. (see attachment 1 and 2) The Hillsborough Planning Board met on January 18 and adopted the resolution and map as referenced above. The Orange County Planning Board received an update on the Strategic Growth Plan - Phase I at their meeting on February 7, 2007. They "voted' (even though this was an informational update) to re-support their earlier (December 2006) unanimous decision and saw the new resolution as confirming the direction they stated previously. Craufurd Goodwin, Planning Board member liaison to the Strategic Growth Plan Steering Committee, stated that the November 2006 Report and the subsequent Steering Committee Resolution reflected his understanding and support and the consensus of the Steering Committee Task Force. There was a good degree of discussion amongst Planning Board members about the genesis of the rural area periphery. The Planning Director verbally explained the 2005 origin and rationale of the Strategic Growth Plan affecting a central Orange area (see staff report providing a written summary entitled Coordinated Planning Area). The Planning Board also re-accented the need for important outreach in Phase II endeavors. Their'vote' was 8-1 in support of previous recommendations and extensive outreach in Phase II. The Hillsborough Town Board of Commissioners unanimously adopted the resolution and map at their meeting on February 12, 2007. FINANCIAL IMPACT: Adoption of the resolution and map will signify willingness to proceed with Phase Two of the Strategic Growth Plan process and require that additional funds for a consultant be budgeted in the upcoming fiscal year. RECOMMENDATION(S): The Administration recommends adoption of the resolution and map indicating: Acceptance of the November 2006 Town of Hillsborough-Orange County Area Strategic Growth Plan booklet and January 17, 2007 Phase One Resolution and associated Concept Map. Post Note: The map acts "as a conceptual starting point for subsequent discussions about jurisdictional patterns"; and the Agreement purports "to initiate discussions intended to develop, for execution, an Interlocal Agreement." Attachment 1 As Recommended by Hillsborough Planning Board 1/18/07 RESOLUTION ACCEPTING A STRATEGIC GROWTH PLAN AND CALLING FOR PREPARATION OF AN INTERLOCAL AGREEMENT WHEREAS, Orange County and the Town of Hillsborough have worked cooperatively to prepare a Strategic Growth Plan for areas surrounding the Town of Hillsborough; and WHEREAS a Strategic Growth Plan Report (dated November, 2006) has been produced as a result of this initiative, documenting existing conditions, constraints, and opportunities, and suggesting patterns for jurisdiction over land management policies and regulations; and WHEREAS the Report provides a framework for additional discussions regarding jurisdiction and land use patterns; and 5 WHEREAS a map has been prepared, attached to this Resolution, suggesting general areas where low-density development and/or conservation should be given priority, and suggesting a conceptual area for consideration as Hillsborough's future limits for services and annexation; NOW THEREFORE BE IT RESOLVED by the [ Orange County Board of Commissioners ] or [ Hillsborough Town Board of Commissioners ] that the November Strategic Growth Plan is hereby accepted as statement of conditions and source of policy recommendations for consideration and continued discussion. BE IT FURTHER RESOLVED that the attached map, "Proposed Hillsborough Services / Annexation Area, Orange County/Town of Hillsborough Coordinated Planning Area" dated January 16, 2007, is accepted as a conceptual starting point for subsequent discussions about jurisdictional patterns. BE IT FURTHER RESOLVED that the Orange County Board of Commissioners and the Hillsborough Town Board of Commissioners agree to initiate discussions intended to develop, for execution, an Interlocal Agreement. 5 Attachment 1 6 The provisions to be covered by this Interlocal Agreement shall include but not be limited to the following: a. Preparation of a map indicating formal and legally-binding changes to Hillsborough's Extraterritorial Jurisdiction (ETJ). The starting point for discussion about these changes shall be recommendations in the November 2006 Strategic Growth Plan Report. b. Preparation of a map indicating a jointly agreed-upon boundary for land that can be considered for future annexation by the Town of Hillsborough. The starting point for discussion about this boundary shall be the Annexation Boundary recommended in the November 2006 Strategic Growth Plan Report. c. Preparation of a map indicating, for areas outside Hillsborough's new ETJ boundary but within the newly defined Future Annexation Boundary, areas called "Proposed Hillsborough Services/Future Annexation Area" in which Hillsborough's municipal land use regulations as they may be jointly agreed upon, should be applied, to two specific interest areas with delegation of authority to the Town of Hillsborough for administering regulations in one area and Orange County, the other.. d. Preparation of a map indicating areas that are outside of Hillsborough's jurisdictional interest (i.e., Town Limits, ETJ, "Proposed Hillsborough Services/Future Annexation Area"), which are part of the Orange County/Town of Hillsborough peripheral Coordinated Planning Area, where mechanisms will be established for courtesy review and information-sharing as development proposals are considered. e. Provisions specifying that, for areas identified as called for in item (c) above, Orange County shall retain jurisdiction for land use management and regulation, but shall enact Hillsborough's zoning regulations for application to those areas. f. Provisions for courtesy review and information-sharing between Hillsborough and Orange County for areas that are designated as described in items (c) and (d) above. BE IT FURTHER RESOLVED that, as [ the Orange County Board of Commissioners ] or 6 Attachment 1 7 the Hillsborough Town Board of Commissioners ] is updating its Land Use Plan, the [ County or Town ] will consider the ideas and recommendations included in the November, 2006 Strategic Growth Plan Report and invite comments from the [ Town or County ] for consideration. 7 Proposed Hillsborough Services/Annexation Area, Orange DRAFT DRAFT County/Town of Hillsborough Coordinated Planning Area N Mites Hillsborough Strategic Growth Plan 0 0.25 0.5 1 C L A R I O N Existing Hillsborough Town Limits Boundary of Existing Water/Sewer Agreement Praparad Jsnusry 17.2007 Source Data Provided by Oran0e County proposed Hillsborough Services/ Future Annexation Area Watershed and Rural Buffer Areas Planning and inspections Depart-nut Ad" V ? 3 q HILLSBOROUGH-ORANGE COUNTY STRATEGIC GROWTH PLAN Date Board Action Dec 6, 2006 County Planning Board Recommend in concept, Phase One; not buying into details of map at this point; extensive public outreach in Phase Two with opportunities to learn more about proposed densities and implementation strategies. Jan 11, 2007 SGP Steering Review of hearings and board discussions; Committee recommendations on bringing back "bubble map" and draft resolution calling for preparation of an interlocal agreement. Jan 18, 2007 Town Planning Board Adoption of Resolution* (Accepting a Strategic Growth Plan and Calling Preparation of an Interlocal Agreement) and Map* (Proposed Hillsborough Services/Annexation Area) Feb 12, 2007 Town Commissioners Phase One approval Feb 20, 2007 County Commissioners Phase One Approval Upcoming Town Commissioners Phase Two implementation by consultant Budgets County Commissioners Phase Two implementation by consultant *See attached Resolution and Phase One Map 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 DRAFT MINUTES DRAFT MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS AND ORANGE COUNTY PLANNING BOARD QUARTERLY PUBLIC HEARING November 20, 2006 7:30 p.m. The Orange County Board of Commissioners and the Orange County Planning Board met for a Quarterly Public Hearing on Monday, November 20, 2006 at 7:30 p.m. in the F. Gordon Battle Courtroom in Hillsborough, N.C. io COUNTY COMMISSIONERS PRESENT: Chair Barry Jacobs and Commissioners Valerie Foushee, Moses Carey, Jr., and Alice M. Gordon COUNTY COMMISSIONERS ABSENT: Stephen H. Halkiotis COUNTY ATTORNEY PRESENT: Geoff Gledhill COUNTY STAFF PRESENT: Interim County Manager Rod Visser, and Deputy Clerk to the Board David Hunt (All other staff members will be identified appropriately below) PLANNING BOARD MEMBERS PRESENT: Chair Jay Bryan and Members Crauford Goodwin, Michelle Kempinski, Sam Lasris, Renee Price-Saunders, Judith Wegner, and Jeffrey Schmitt PLANNING BOARD MEMBERS ABSENT: Brian Dobyns, Bernadette Pelissier, Joel Knight, Sandra Johnson-Quinn, Brian Crawford NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT AGENDA FILE IN THE CLERK'S OFFICE A. OPENING REMARKS FROM THE CHAIR Chair Jacobs called.the meeting to order. He asked Planning Board Chair Jay Bryan to preside over the public hearing. B. PUBLIC CHARGE The Planning Board Chair dispensed with the reading of the public charge. C. PUBLIC HEARING ITEMS Planning Director Craig Benedict said that there will be six public hearing items on this agenda. There are also four informational items. Craig Benedict introduced Planner Michael Harvey to address the first item. 1. Zoning Atlas Amendment: Request by Brian and Lydia Gilmour to rezone a portion of their property at 6500 Yarborough Road (TMBL 3.54.2A) from Existing Commercial-V (EC- 5) to Agricultural Residential (AR). Planner Michael Harvey introduced this item. He said that EC-5 was created at the advent of comprehensive Countywide zoning in an effort to make existing commercial operations conform to ordinance requirements. Mr. Gilmour approached staff about the possibility of subdividing his Attachment 4' DRAFT MINUTES 2 1 property, and it was discovered that a portion of the property was zoned EC-5. Mr. Gilmour 2 expressed concern and shock since there is no commercial operation on the property. Staff did 3 research and could not determine why a portion of this property was ever zoned EC-5, as there 4 has never been a commercial operation to begin with. In talking with a neighbor, staff was 5 informed today that she believes that the previous owner in the early `80's had requested to 6 operate a gunsmith and gun shop operation on the property. Staff believes that an EC-5 was 7 designed in order to allow that business to develop, and it was not developed. Staff 8 recommended that Mr. Gilmour submit a zoning atlas amendment to correct the problem. 9. Staff is recommending that this property be rezoned to AR. 10 Chair Jacobs argued that a pasture is not vacant property. He suggested saying that it is 11 undeveloped instead of vacant because "vacant" is a real estate term. 12 There was no public comment. 13 A motion was made by Commissioner Gordon, seconded by Commissioner Foushee to 14 refer the proposed rezoning request to the Planning Board for a recommendation to be returned to 15 the Board of Commissioners no sooner than February 6, 2007. 16 VOTE: UNANIMOUS 17 18 19 2. Hillsborough and Orange County Strategic Growth Plan Report: A Town of 20 Hillsborough and Orange County Steering Committee has worked for the past year with 21 the assistance of planning consultants to prepare the Strategic Growth Plan. The Plan is 22 intended to clarify the most desirable rate, timing, and location for growth occurring over 23 the next 20 years within and around the Town of Hillsborough. 24 25 Jay Bryan recognized Hillsborough Town Commissioner Mike Gering, who was in 26 attendance. 27 Craig Benedict recognized Clarion Associates, who will do a PowerPoint presentation. 28 Also, Hillsborough Planning Director Margaret Hauth was in attendance. This is a joint project 29 with the Town of Hillsborough that was partially funded by Orange County and Hillsborough about 30 a year ago. A steering committee was formed to develop recommendations, which are included. 31 The Town of Hillsborough will be having a public hearing a week from this meeting starting 32 at 6:30 p.m. at the F. Gordon Battle Courtroom. 33 Roger Walden from Clarion Associates gave a PowerPoint presentation. 34 35 HILLSBOROUGH-ORANGE COUNTY 36 STRATEGIC GROWTH PLAN 37 38 Building on Past and Current Work 39 - Orange and Hillsborough Land Use Plans 40 - 2001 Water-Sewer Boundary Agreement 41 - Hillsborough Vision 2010 42 - 2005 Urban Transition Task Force 43 - Existing Interlocal Agreement 44 - Churton Street Corridor Study 45 - TDR Study 46 47 Goals of the Plan 48 - Preserve and Enhance Core Areas 49 - Preserve Cultural and Natural Resources 50 - Coordinate Growth with Water/Sewer 51 - Grow in a Fiscally Responsible Way DRAFT MINUTES 3 1 - Keep Businesses Healthy 2 - Assure Continuity in Public Services 3 4 Maps - Water and Sewer Management Planning and Boundary Agreement, Planning Area, 5 Regional Context 6 7 Water Constraints 8 - 3 MGD Now, Can Increase to 4.5 MGD 9 - Current Demand, 1.9 MGD 10 - Demand Will Reach 3.0 MGD in 2009 11 - With Expanded Capacity, Can Accommodate Additional Development Equivalent to 1,900 12 Dwellings and 1.65 Million Square Feet Non-Residential 13 14 Transportation Constraints 15 - Limited Opportunity for New Roads 16 - Churton Street Over-Capacity 17 - Destinations are South and East 18 - Any Additional Residential Development North of Downtown Makes Problem Worse 19 20 Map - Developable Land 21 22 Alternative Scenarios 23 - Status Quo 24 - Planning Emphasis 25 - Market Realities 26 - Unconstrained Growth 27 28 Public Comment 29 There were informal opportunities for public comment at Hillsborough Hog Day and a Last Friday 30 event. The two formal public hearings are tonight and next week. 31 32 Main, Conclusions 33 - Focus Residential Growth to the South 34 - Pull in Utility Service/Annexation Areas 35 - Take Advantage of Interstate Access 36 - Consider Growth Drivers to the South 37 - Encourage Mixed-Use Development. 38 - Coordinate with Existing SE Rural Buffer 39 40 Map - Chapel Hill/Carrboro Rural Buffer 41 42 Roger Waldon said that one of the key things to make this happen is to rethink the 43 interlocal agreements - how Hillsborough and Orange County are sharing interests in jurisdiction 44 in these areas. 45 Craig Benedict took over the presentation at this point. He pointed out a map of the new 46 annexation boundary (shown in purple). Hillsborough is considering either abandoning or 47 exchanging some of the extraterritorial jurisdiction, which is in the Eno River Critical Area for new 48 extraterritorial jurisdiction in various sections within its existing limits. The orange area is a 49 Hillsborough transition area. He pointed out other parts of the map that would be part of the 50 interlocal agreement. JA 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 DRAFT MINUTES 4 Craig Benedict said that this plan is in two phases. The first phase is the master plan on jurisdictional issues. Phase two would be the different planning areas around Hillsborough and what would be the exact use. Summary - Stay Within Water Constraints Define a Firm Service Area/Annexation Line Minimize Residential Growth to the North Adjust Land Use Plans Execute Interlocal Agreement Commissioner Gordon asked if the Planning Board has looked at this and Craig Benedict said yes, that at every meeting of the Planning Board, there are reports on the various advisory boards. Commissioner Carey asked some clarifying questions about the map with interlocal agreement recommendations and Craig Benedict answered. . Judith Wegner asked about the characteristics of the land (could not hear her). Craig Benedict repeated her question: What is the rationale for the urban service line within which occurs the likelihood of public water and sewer and are there characteristics of the central Orange rural buffer that would lead it not to be serviced by public water and sewer? He said that the urban service line is all that could be serviced by existing public water supplies that Hillsborough has at this point. There are a lot of critical watershed areas along the western portion - Upper Eno,.Seven Mile Creek - and there are a lot of holdings of environmental lands to the south. These areas have less development potential and would be of lower density. Renee Price-Saunders asked about the possibility of increasing the capacity from 3 million gallons a day to 4.5 million gallons a day. Margaret Hauth said that the Town owns additional land around the existing West Fork reservoir, and if the spillway is raised, along with other improvements, the capacity can be increased. This is a capital expense that the Town has planned for. Commissioner Gordon asked clarifying questions about the urbanizing areas and Craig Benedict answered. In general, the areas that will be developed first are the ones closer in to the urban area. Michelle Kempinski asked for clarification on what is coming back to the Planning Board. Craig Benedict said that tonight's item is the booklet with statistics, etc. and boundary lines. What will not be part of the determining factor in the next couple of months is land uses in the area. He said that the areas noted as Hillsborough Urbanizing and Orange County Urbanizing are also potential areas for transfer of development rights (TDR). Several other clarifying questions were asked by the Planning Board members and answered by Craig Benedict. Commissioner Gordon made reference to phase 1 and 2 and said that she did not see anything about phases in the materials. Craig Benedict said that the abstract has a disclaimer that it is packaged less any specific land uses within the area. Phase 1 will be the boundaries of the different jurisdictions and who has planning authority over each one. Commissioner Gordon verified with Craig Benedict that the approval for this meeting is only conceptual approval of the boundaries. She would like the Planning Board to mull this over in a thorough way. Public Comment Chris Borst said that some of these boundary lines need tweaking, especially on the north side. 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DRAFT MINUTES 5 Steve Yuhasz is a land surveyor and attorney in Hillsborough. He asked about the overall density of development in the undeveloped parts of Hillsborough that will populate this area. He verified that the plan would be to use water from existing reservoirs. He asked if there would be any plan to develop additional water supply reservoirs. Craig Benedict said that this plan would support Hillsborough's interest to stay within its reservoir ideas. Part of the area has to do with Orange-Alamance Water System and he does not know what it will do in the future. Margaret Hauth said that the density will be different in different areas. This will be decided in the second phase. Commissioner Gordon said that if there is consideration given to going beyond the 4.5 million gallons per day, then this would be putting pressure on the rural buffer. John Macaulay lives on Queen St. in Hillsborough. He is thrilled with the cooperative planning between Hillsborough and Orange County. He is concerned about what appears to be a disconnect between the statement of common goals. He has seen very little information about goals one and two. The first goal is to preserve and enhance the core area of Hillsborough. He said that one of the primary detriments to the quality of life in Hillsborough is the high volume of traffic on Churton Street. He found it interesting that one of the logical reasons for emphasizing residential growth to the south was the fact that this problem is not going to get solved. He said that the Town of Hillsborough and the County have the power to solve this problem and it is a shame that the strategic plan is being run on the inability to solve the problem. He is also concerned about residential development to the north because 1-85 and 1-40 are south of Hillsborough. If there is no residential in the north, industrial development will move up there and the traffic from there will have to drive through Hillsborough to get to the interstate. He said that this is a great deficiency in the plan. The second goal is to preserve significant cultural and natural resources. He said that he not seen a clear statement in the plan of a commitment to preservation of natural resources. He would like to see this plan aggressively set out natural resource areas. He said that this plan will sell Hillsborough out to suburbia and it will turn into Chapel Hill. Chair Jacobs said that part of the derivation of the interest in working together was halfway to preserve and the confusion that arose over where and how Hillsborough could serve the 50- year circle that surrounds it. He said that this is a good.attempt to try and bring some order and predictability for the way in which Hillsborough will grow. Some of this, because it is in Hillsborough's jurisdictions, is not within the County's purview to discuss as part of the public hearing. He said that some of the items on the maps, such as the Durham Urban Growth Area, . have been on the maps for 20 years, and some things are new, such as Carolina North. He said that he thinks that the plan is highly successful in preserving cultural and natural areas in ways that have not been done before. He said that this does mean that there are going to be no more water supply reservoirs built in Orange County. He said that this has been generally assumed without being explicitly stated. He said that he cannot see, as long as he is on the Board, that there will be any more water supply reservoirs. A motion was made by Commissioner Foushee, seconded by Commissioner Carey that the proposed Phase One (as defined above) recommendations be referred to the Planning Board for a recommendation to be returned to the County Board of Commissioners no sooner than December 12, 2006. VOTE: UNANIMOUS 3. Zoning Ordinance Text Amendments: Text Amendment to Section 6.23 entitled 'Extra Requirements for Watershed Protection Overlay Districts' to align the text with the Zoning Atlas boundaries for the Upper Eno Watershed. 15 C L 9 Clarion Associates 1526 East Franklin Street, S-L to 102 Chapel Hill, NC 27514 919.967.9188 phone 919.967.9077 fax m orandum To: Margaret Hauth, Hillsborough Planning Director Craig Benedict, Orange County Planning Director From: Roger Waldon Date: December 1, 2006 Re: Post-Hearing Revisions to Strategic Growth Plan This memorandum responds to questions, comments, and discussion at two recent Public Hearings on the November draft of a Hillsborough-Orange County Strategic Growth Plan. We offer comments and suggested revisions in response. The hearings were held on November 20, 2006 (Orange County Board of Commissioners) and November 27, 2006 (Hillsborough Town Board). The draft Strategic Growth Plan recommends revision of jurisdictional boundaries and designations in the areas surrounding the Town of Hillsborough, and preparation of an Interlocal Agreement to implement the recommendations. Work on the Plan is jointly sponsored by the Town of Hillsborough and Orange County. Summary of Comments Citizens attended and spoke at both Public Hearings. Following is a summary of key comments: ® Support for the concept of designating a firm annexation boundary for Hillsborough, surrounded by a low-density Rural Buffer. ® Support for the boundaries suggested to delineate growth areas from low-density Rural Buffer areas. ® Support for cooperative action between Hillsborough and Orange County. ® Concern about land use designations contained in the draft Plan, suggesting uses and densities for individual parcels of land. ® Concern that the proposed boundaries are not restrictive enough. ® Concern that the proposed boundaries are too restrictive. ® Concern about potential negative impacts of building Elizabeth Brady Extension. ® Concern that Elizabeth Brady Extension is needed but might not get built. ® Request that some area shown as Joint Interest on the map, to the south of Town limits, be designated as Extraterritorial Jurisdiction instead. This memorandum offers comments and revisions in response to these concerns and discussions. Recommended changes are described below, and in key areas replacement pages for the Plan are attached. Phasing of the Plan The key issue that resulted in consensus direction at both public hearings is that the designation of specific land uses for individual parcels within the Plan area needs more study and discussion. It was suggested that this initiative be split into two phases. Phase I will be establishing boundaries (annexation boundary, Rural Buffer, areas of joint concern), with general land use principles (e.g., mixed use in the areas south and southeast of Hillsborough), and the construction of a framework for Interlocal Agreements. With adoption of the Strategic Growth Plan by both Hillsborough and Orange County, there would be clear policy guidance on these boundaries and the means to implement them. Phase II would move to implementation of the Plan, and preparation of parcel-specific Land Use designations. Included in Phase II would be work to prepare and adopt a Land Use Plan for Hillsborough (a Town responsibility), and a Land Use Plan for the transition areas outside Hillsborough (a Joint responsibility). This Phase II work would include negotiation and execution of an Interlocal Agreement as suggested in the Plan, specifying jurisdiction and procedures for land use planning, zoning, and development review. Phase 11 work would also include examination of priorities for transportation improvements within the Plan area (e.g., Elizabeth Brady Extension, Western Bypass), and identifying key implementation strategies. Several adjustments to the Plan document are necessary in order to clarify this Phase I - Phase II approach. Additional language is needed in the Executive Summary (page 1) to explain the phasing concept. And the Implementation section beginning on page 19 needs adjustment. In particular, the Proposed Land Use Plan on page 12 needs to be removed, and replaced with a map that shows the jurisdictional changes that will take place (e.g., swap of ETJ areas so that Hillsborough will have jurisdiction over areas most imminently to be developed and annexed.) Accordingly, new replacement pages are attached to this memorandum as follows: ® Revised Executive Summary (page 1); and ® Changed Land Use section to eliminate Land Use Map, replaced with jurisdictional map, along with narrative describing a phased approach to developing specific Land Use designations (pages 11-14); and ® Adjustment to Implementation section (pages 19 to 22 and 24) to reflect this approach. Adoption of this Strategic Growth Plan with these adjustments will result in a clear set of policies regarding the limits and future locations of Hillsborough growth, annexation, and utility extension, and regarding establishment of a rural buffer outside this boundary. Adoption will establish a policy that an Interlocal Agreement be executed that results in shared jurisdiction of key transition areas. This adopted Plan will set the foundation for this Interlocal Agreement by indicating the locations and nature of areas for which jurisdiction is to be shared. Land Use Plan As indicated above, this Phase I of the Strategic Growth Plan does not recommend specific land uses (type and intensity of use) for specific parcels of land; but Phase 1 does identify the areas for which growth will be targeted, and into which public services are intended to be extended. Further, this Phase I document includes, as a starting point and foundation, a list of the categories of land use that are to be considered for these targeted growth areas. Those categories of land use are to be included on page 13 of the Plan, attached here as a replacement page. 2 I? It is expected that, as this Phase I document is adopted, Hillsborough will undertake preparation of a parcel- specific Land Use Plan for areas shown as gray on page 23 of this document (existing Town limits and newly adjusted Extraterritorial Area). Hillsborough and Orange County will jointly prepare a parcel-specific Land Use Plan for the area shown in orange and blue on this same map, areas of joint interest. The policies contained in this Phase I document will serve as a starting point and foundation for designation of parcel-specific land use. Water Consumption It was pointed out at the November 27 Public Hearing that a recent report presented to the Hillsborough Town Board contained information about present water consumption that is different from the information contained in the Strategic Growth Plan document. The Strategic Growth Plan describes a current peak daily consumption rate for Hillsborough of 1.9 million gallons per day. The recent report (dated November 17, 2006) describes a current average daily use of 1.195 million gallons per day. The main reason for difference between these numbers is the difference between average use and peak daily use. Peak daily use is higher than average use. Both numbers are important for planning purposes. The peak number is the one to use in calculating needs for additional facility capacity. The November 17 report describes current peak use as 1.77 million gallons per day, a more current figure than (but close to) the 1.9 figure referred to in the Strategic Growth Plan report. Accordingly, we have adjusted the text of the Plan to use this most current 1.77 figure. The slight difference between the 1.77 and 1.9 figures does not alter the Plan's policy conclusions nor recommendations. Process for Approvals The recommended process for review and approval of development applications is described in the Implementation section of the Strategic Growth Plan report (pages 19-22) and also in the Summary (page 14). It was pointed out that, in several paragraphs of those pages, approval authority was described in different ways. We have corrected the text of those pages of the report to achieve consistency in the language. The key concepts are as follows, with reference to the map on page 23 of the Plan: Gray areas: Unilateral Town jurisdiction over zoning and approvals (existing Town limits and ETJ). Orange area Joint interest. Legal authority for zoning will remain with the County. Following joint adoption of a land use plan for those areas, the County will (through the Interlocal Agreement) delegate authority for administration of zoning to the Town. Accordingly, for review and processing of development applications in these areas, the process will be the same as if the area were in the Town's Extraterritorial Jurisdiction. For proposed rezonings in these areas, joint approval by both the Town and the County would be required. Blue areas: Joint interest. Legal authority for zoning will remain with the County. Following joint adoption of a land use plan for those areas, the County will (through the Interlocal Agreement) agree to joint review of development and rezoning applications. Approval of such applications would remain a County function. Yellow areas: Rural Buffer. Unilateral County jurisdiction of zoning and approvals, with information exchange procedures established with the Town through the Interlocal Agreement. The final adopted Plan will consistently reflect this approach, and an executed Interlocal Agreement will be the instrument that formally and legally puts the approval process in place. ig Requested Change of Designation for Specific Properties One request was made, at the November 27 Hearing, for a change to the map on page 23 of the Strategic Growth Plan. An area currently shown in orange (meaning joint interest with development approval authority delegated to the Town but rezoning authority remaining with the County) was requested to be changed to Hillsborough ETJ (gray). The area in question is shown below. }}} t ? II lz; ?f1 V? ? ? r 1 ? f - ?1 F t ? ?n PEY An argument in favor of the request is that the area in question would be surrounded almost completely by ETJ area, and that it has characteristics most similar to that adjacent ETJ-designated area. An argument against is that this Plan has attempted to keep the area of Hillsborough ETJ approximately equivalent to present-day levels, by giving up ETJ in areas where it is not appropriate and extending ETJ in areas most ready for development and potential annexation; adding this area as additional ETJ would shift that balance slightly. This is a policy-decision and arguments both in favor of adjustment and leaving as-is have merit. It is critical that both the County and the Town refer to identical maps as each acts to approve the Strategic Growth Plan, and any changes to the recommended map should be approved by both bodies. Summary The attached replacement pages, along with revisions to the text of the Strategic Growth Plan, as described in this memorandum, respond to comments and discussions at the November 20 and November 27 Public Hearings. If the Hillsborough Town Board and the Orange County Board of Commissioners agree with the adjustments outlined in this memorandum, it would be appropriate for the action of these two bodies to be adoption of the November draft of the Strategic Growth Plan, as presented at the November 20 and 27 Public Hearings, modified as described in this memorandum. Attachment Suggested Replacement Pages for pages 1, 11-14, 19-22, and 24 of the November Strategic Growth Plan draft 4 Approved 113107 Q jq MINUTES ORANGE COUNTY PLANNING BOARD DECEMBER 6, 2006 REGULAR MEETING 7:30 p.m: 10:00 p.m. MEMBERS PRESENT: Jay Bryan, Chapel Hill Representative (Chair); Brian Crawford, Eno Township At-Large; Brian Dobyns, Cheeks Township Representative; Craufiard Goodwin, Hillsborough Representative; Joel Knight, Little River Representative; Sam Lasris, Cedar Grove Township At-Large; Bernadette Pelissier, Bingham Township; Renee Price-Saunders, Hillsborough Township At-Large (Vice- Chair); Sandra Johnson Quinn, Eno Township; Jeffrey Schmitt, Cedar Grove Township At-Large; Judith Wegner, Bingham Township At-Large (arrived at 8:23 p.m.) MEMBERS ABSENT: Michelle Kempinski, Cedar Grove Township At-Large STAFF PRESENT: Craig Benedict, Planning Director; Tom Altieri, Comprehensive Planning Supervisor; Gene Bell, Planning Systems Coordinator; Robert Davis, Current Planning Supervisor; Eddie Kirk, Planner II; Michael Harvey, Planner 11; Jennifer Leaf, Planner I; Debra Graham, Administrative Assistant. AGENDA ITEM #1: CALL TO ORDER AND ROLL CALL AGENDA ITEM #2: INFORMATIONAL ITEMS a. Next Regular Planning Board Meeting scheduled for Wednesday, January 3, 2007 (See Item 8) b. Planning Calendar for December and January AGENDA ITEM #3: APPROVAL OF MINUTES a. November 1, 2006 b. November 15, 2006 (Special Meeting) Renee Price-Saunders made a change online 210 from unyieldy to unwieldy. Jay Bryan's changes were, on line 237, to add, "present her a gift and card of appreciation from the Planning Board." He would also like the language of the resolution to be placed in the minutes. MOTION made by Jeff Schmitt, seconded by ??(Mr. Speaker) to approve the minutes of November 1, 2006, with changes as stated above. VOTE: Unanimous (These changes have been made) Jay Bryan asked for discussion on the minutes of November 15th. Craufurd Goodwin pointed out line 241 and said that he said that it was a mistake to hire "two consultants". Secondly, he was uneasy about the cozy nature "of this process." Sam Lasris pointed out that he was not present at this meeting, but was listed as such. Approved 113107 Also, it was pointed out that Judith Wegner was present, but she was not listed as such. The members absent were not indicated. Renee Price-Saunders pointed out line 84, and asked that the first sentence be changed to "The schedule is quite probably political." It was pointed out that ".Andy Visser" should be "Andy Sachs." Renee Price-Saunders pointed out that Andy Sachs was requested to leave before the motion was made on page 21. Jay Bryan pointed out line 200 and said that there should be a question mark after proposing. MOTION made by Renee Price-Saunders, seconded by ?? (Mr. Speaker) to approve the minutes from November 15, 2006, with changes as stated above. VOTE: Unanimous (These changes have been made) Discussion ensued about the names that were left out of the minutes (e.g., Female). Craig Benedict suggested that everyone introduce themselves before they speak for the benefit of the Minutes Preparer, since not all of the minutes are done in-house. AGENDA ITEM #4: CONSIDERATION OF ADDITIONS TO AGENDA None. AGENDA ITEM #5: PUBLIC CHARGE The Chair dispensed with the reading of the public charge. AGENDA ITEM #6: CHAIR COMMENTS None. OQO AGENDA ITEM #7: COMMITTEE/ADVISORY BOARD REPORTS a. Board of Adjustment - no meeting b. Historic Preservation Commission - Renee Price-Saunders reported that the November/December meeting will be on December 13th. The archaeology issue that was presented to the Planning Board at the public hearing is on the agenda. c. Hillsborough=Orange County Strategic Growth Steering Committee - Craufurd Goodwin reported that there were two public hearings, which will be referred to the two Planning Boards. d. Eno EDD Small Area Plan Task Force - Brian Crawford reported that Commissioner Jacobs and Commissioner Foushee joined this meeting. There was discussion about working on the small area along US 70 and Pleasant Green Road. Durham County was present to talk about providing services to this area. The task force will be meeting frequently until July 2007. There were at least 10 members present. Craig Benedict reported that there are a few vacancies on this task force. Jay Bryan asked that the charge be emailed. e. Orange Unified Transportation Board - Sam Lasris reported that the board discussed the goals that would be presented to the Board of County Commissioners. The goals were discussed in the context of the land use plan update. L New Hope Park at Blackwood Farm - Joel Knight was not in attendance. 2 Approved 113107 0 AGENDA ITEM #8: PLANNING BOARD MEETING DATE FOR JANUARY 2007 Jay Bryan said that there is a request to change the date of the January meeting from the 3rd to the lOd'. Bernadette Pelissier would like to keep it the 3rd. Sam Lasris would also like to keep it the P. A third person also asked for it to be kept at the 3rd Jay Bryan said that he could not attend on the 10d'. Debra Graham pointed out that this room would not be available on the 3rd Craig Benedict said that it could probably be held at the courthouse. Jay Bryan asked that this be emboldened.on the agenda. AGENDA ITEM #9: RECONEIAENDATIONS TO BOCC ON ITEMS PRESENTED AT NOVEMBER 20, 2006 QUARTERLY PUBLIC HEARING (VOTING ITEMS) a. Gilmour Rezoning (Presenter: Michael Harvey, Planner TI) Michael Harvey made this presentation. This is a request submitted by the Gilmour family at 6500 Yarborough Road, to rezone .9 acres of their property from Existing Commercial-V to Agricultural Residential. There was a November 20'h public hearing on this, where it was explained that EC-5 is a district created in order to allow existing commercial developments that were in operation at the time comprehensive zoning was instituted throughout the County to be considered conforming uses of property. In this instance, there is an EC-5 zoning designation on a portion of property that does not or never has had a commercial operation located upon it. The only plausible explanation given to staff was that many years ago when the area was zoned, the owner of the property at the time indicated that he wanted to open a gun shop. It would appear that the EC-5 designation was assigned to allow this to occur, and it never did. The current owners do not want the EC-5 designation, and have no intention of developing a commercial land use on the property, and they want to get rid of it. Staff concurs with this recommendation, and supports the application. Staff informed both the County Commissioners and the Planning Board at the November 20th public hearing that the existing EC-5 designation on this property is inconsistent with the intent of the EC-5 district as defined within the zoning ordinance. This proposed rezoning is consistent with the plans and policies outlined within the land use element of the comprehensive plan, and is consistent with current staff policy regarding commercial land uses within this area. Staff and Administration have both recommended that this rezoning request be approved. There has not been any opposition - neither at the public hearing, nor any submitted to staff. There were no questions and there was no public comment. Motion made by Sam Lasris, seconded by Jeff Schmitt to approve the Gilmour rezoning request. VOTE: Unanimous b. Hillsborough and Orange County Strategic Growth Plan - Phase 1 (Presenter: Craig N. Benedict, Planning Director) Craig Benedict said that this item also appeared at the November 20"' public hearing for public comment. There was one email sent for comment in addition to the comments made by the public on November 20th. The two questions asked during the public hearing were requests to be more specific about what Phase I and Phase II were in the growth plan. He made reference to the abstract, which was on page 33, and reinforced what the Phase I plan would entail, as follows: A small area plan sets the: - General purpose of the planning study area. The reason in this case is that Hillsborough has limited water supplies, taking into consideration Lake Orange and the West Fork of the Eno. Knowing that growth was occurring on the fringe of Hillsborough, sometimes within the 3 Approved 113107 as planning jurisdiction and sometimes within the County's jurisdiction, there was interest in coordinating activity. Also, there was an Orange County/Town of Hillsborough Urban Area Transition Task Force that met through 2005 and came up with some principles of agreement. This spawned the small area plan. Examine the present conditions of planning issues such as land use patterns, utility, roadway infrastructure, etc., and trend future conditions. Planning for the future within the sustainability constraints of resources (natural, fiscal, and public service) are then programmed for location and intensity. Jurisdictional planning review guidelines to promote an efficient and coordinated orderly pattern of growth - in this case, a cooperative planning agreement between the Town of Hillsborough and Orange County. Implementation strategy, but not the actual regulatory land use and zoning changes or interlocal agreements that are the next formal stage (i.e., Phase 11). Also, Phase I involves a "big picture" view and defines five key areas: 1. Town of Hillsborough limits. There are no changes within the limits. Hillsborough will be hiring the consultant for part of its Phase H to examine some undeveloped properties and what land use is best for these areas. 2. Town Extra-territorial jurisdiction (ETT). This is authority given by the State to plan within the area, even without annexation. Hillsborough is interested in removing ED from the critical area western boundary where development potential is limited and adding some ED to other areas with present water and sewer systems with undeveloped property. The County has basic courtesy review in the area. 3. Hillsborough Urbanizing. Part of Cooperative Planning Area. New Cooperative Land Use Plan (previously Orange County's 10- and 20-year Transition Areas and EDD). A substantial change includes the County transferring the day-to-day administration of zoning and subdivision activity to the Town and that County approval is required for land use plan amendments and zoning changes. The County has detailed courtesy review of project in this area. This is a possible area for TDR. 4. Orange County Urbanizing. Part of Cooperative Planning Area. New Cooperative Land Use Plan (previously Orange County's 10- and 20-year Transition and EDD on the outer edge of Hillsborough Urbanizing). A moderate change includes the County retaining day-to-day administration of zoning and subdivision activity in area, but Town approval is required for land use plan amendments. The outer boundary of area will become annexation boundary. The Town has detailed courtesy review of projects in the area. This is also a possible area for TDR. 5. Central Orange Rural Buffer. Part of Cooperative Planning Area. New Cooperative Land Use Plan (primarily areas identified as Orange County Agricultural Residential and Rural Residential bordering Orange County Urbanizing). Contains three sub-areas: 5a - outside Orange County Urbanizing and inside Water and Sewer Management, Planning and Boundary Agreement (WSMPBA) boundaries; 5b - area southeast of Town outside Orange County Urbanizing and inside WSMPBA served with Town water, but annexation not proposed; and 5c - areas to east and west in Lower Eno and Upper Eno Watersheds, respectively outside WSMPBA. Minor changes include the County being responsible for day-to-day administration. The Town has basic courtesy review in the area. Craig Benedict referred to a map during this presentation. 4 Approved 113107 93 Jeff Schmitt asked if the area in the beige was consistent with the rural buffer in Carrboro and Chapel Hill. Craig Benedict said yes and explained the consistencies between the beige area and the rural buffer. Jeff Schmitt asked if something that was on the I-85/40/ JS 70 corridor going west towards Mebane that may be zoned AR and the fact that it winds up in the rural buffer would absolutely keep any commercial development from happening in this area. Craig Benedict said that this has not been set yet. The uses are typically based on whether it is a critical watershed or not. The boundaries to the critical area watershed will be refined. Craig Benedict reiterated that Phase I has to do with jurisdictional issues and the background of the report. There are changes within the report to more clearly differentiate that it is the Phase I report. Jay Bryan made reference to the memo to Hillsborough Planning Director Margaret Hauth and Orange County Planning Director Craig Benedict from Roger Waldon of Clarion Associates, which was in the packet. This memo was in response to the issues brought up at the public hearing. He asked what the Planning Board was to do with this information. Craig Benedict said that this answers questions brought forward by the Planning Board to be more specific about the different phases. Jay Bryan made reference to the end of the memo where it says that it might be appropriate if the boards agree with the adjustment to modify the plan with the responses. Craig Benedict said that the replacement pages have been added. Renee Price-Saunders asked for clarification on areas 3 and 4 and if they would be annexed into the Town of Hillsborough and not be incorporated into ETJ. Craig Benedict said that these have potential for annexation by virtue of the report. However, it would not cause annexation to occur. They could be annexed. Renee Price-Saunders asked about the "substantial changes" and the "moderate changes" and how this would work with the day-to-day administration. Craig Benedict said that areas 3, 4, and 5 would be part of a cooperative planning agreement. This means that there is an agreed upon land use plan for how the areas develop. If Hillsborough is consistent with the land use plan and rezoning, then it is under its authority. The County reviews it as a courtesy review. If Hillsborough wants to rezone something, then there is an ability for a joint approval of the rezoning. If it is annexed, then it does not apply. The intent of the agreement is for development to occur prior to annexation so that the County has input. Renee Price-Saunders made reference to the fiscal impact of these areas and who would pay for the additional services (i.e., sewer, etc.). Sam Lasris asked who has jurisdiction over areas 3, 4, and 5 now. Craig Benedict answered Orange County. Hillsborough has the right to annex in these areas, and this automatically takes Orange County planning jurisdiction out of the process. Sam Lasris asked about the implication for people living in area 5a, who thought they were in the water and sewer boundary, but they are not. Craig Benedict said that there have been people who have requested water and sewer in this area - developers and large property owners - and Hillsborough has denied them. This is what has prompted all of the planning to go on. It was somewhat misleading to have the whole 5a area in a primary service area when Hillsborough has admitted that they do not have the water supply to service that. Hillsborough is contracting its boundaries consciously, knowing that it is infeasible to service that area based on the water resources available. Approved 113107 oQ4 Sam Lasris asked about the difference between areas 3 and 4 and if area 4 would maybe get water and sewer extended someday and if area 3 would definitely get water and sewer extended. Craig Benedict said yes and that the water supplies available in the near future would be enough to service undeveloped areas in 1, 2, and 3. Another reason to have area 3 outside of the ED is that it may be a future transfer of development rights receiving area. Bernadette Pellisier asked how it was decided which areas went to whom. Craig Benedict said that there was a micro-scale analysis of the existing water lines and sewer systems with the consultant and the Town of Hillsborough to examine the most efficiently serviced areas. Brian Dobyns (?) made reference to the portion related to Hillsborough's boundaries and said that it looks very well planned out. He was stunned when he saw the rural buffer because he had no idea that a rural buffer was ever intended as part of this plan. He was unable to come to the November 20"' public hearing, but he looked at the draft minutes, and after the presentation, (and he read), "Commissioner Gordon asked if the Planning Board had looked at this, and Craig Benedict said yes, that at every meeting of the Planning Board there are reports on various advisory boards." He said that he then looked at the November 1" advisory board report from Craufurd Goodwin and it said that they met and reviewed the task force report and there will be one more public hearing. Later in the same minutes, on page 13, Craig Benedict says that the Hillsborough-Orange County Strategic Growth Committee did an elaborate study that will be presented on the 20th. He said that, in his reading of Commissioner Gordon's request, the Planning Board had looked at this more extensively. He asked if other members of the Planning Board felt this same way. Brian Dobyns made reference to the Executive Summary about the rural buffer, (and he read) "this area was formally identified as Town primary service area in the Water Sewer Management Plan Boundary Agreement." He said that this is not accurate, but only a portion of that area was part of Hillsborough's strategic service area. Much of the land to the west and some to the east of the Eno was not part of the primary service area. As a landowner within area 5c, he got a packet in the mail prior to the November 20th public hearing (four days prior). Only at that time did he have any idea that there was a rural buffer. He said that the speed at which this is moving forward is astounding to him. He questions the need for a rural buffer. He cannot possibly support this at the speed with which it is being requested. He also has questions about what would go past the rural buffer. Craig Benedict said that the discussion of the Hillsborough sphere of influence went beyond Hillsborough's primary service area. He said that Craufurd Goodwin has been on both task forces concerning Hillsborough, and he could attest that conversations happened over the last two years. Three of the lines had been discussed and agreed to as part of the Principles of Agreement. Brian Crawford said that he was never aware of these discussions. Craufurd Goodwin said that he thinks that all Commissioner Gordon was asking was if the meeting that they are having now happened yet, as the Planning Board. Jeff Schmitt said that he presumes that the Phase I context means that any of the lines are still proposals and are not definitive. Craig Benedict verified that the lines were conceptual. The intensities and densities have not been established yet. When the lines are defined, then there will be land use plan changes. 6 Approved 113107 1 Sam Lasris asked if there would be any more public comment. Craig Benedict said that the Phase I stage is complete for public comment. There will be a completely new process with liberal public input as this moves forward with land use plan amendment stages, interlocal agreement stages, zoning changes, etc. In answer to questions about involvement of County residents, Craig Benedict said that there was a public hearing for County purposes on November 20"', and Hillsborough had one on November 27"'. The Hillsborough Planning Board had a meeting last night, and this meeting is to make a recommendation to the County Commissioners on the Phase I plan. Renee Price-Saunders said that she lives in area 3 and the only notice she received was because she was a member of the Planning Board. Judith Wegner said that having hearings is not the same as having community outreach meetings. She is afraid that the outreach has not been effective. Joel Knight said that he finds it interesting that within the rural buffer zone, there are some areas within the Town limits on NC 57. He thinks that the rural buffer is an illusion. Craig Benedict said that there would be an interlocal agreement to say that Hillsborough could not annex beyond the urban service and annexation line. In Chapel Hill and Carrboro, the agreement has been longstanding since 1987 and has been extended for the next 20 years. Craufurd Goodwin said that it should be pointed out that Hillsborough had a community outreach hour before the public hearing with the Town Commissioners and the committee members. The committee also had a table at Hog Day and Last Fridays. Jay Bryan asked for clarification on the jurisdictional changes and Craig Benedict showed areas on the map. Jay Bryan made reference to an issue that Renee Price-Saunders mentioned concerning annexation. In terms of the Northern Transition Area, this result occurred without an understanding about the effect of that. He asked if it was possible that part of the interlocal agreement would be that any proposed annexation would come before the Planning Board and the County Commissioners before it was annexed. Craig Benedict said that they would pursue this. Even after an agreement, the Town will have the ability to annex an area because authority has been given by the State to do this. Jay Bryan asked for any further written material for public comment. Craig Benedict read an email from Noah Ranells into the record, as follows: "This note is to provide public comment and input to the Hillsborough (-Efland) Buffer discussion at the 6 Dec 2007 Planning Board meeting. Greetings, I write this note from the perspective of a resident of Bingham Township and the thoughts herein represent my personal comments on the Hillsborough (-Efland) buffer. At a recent Efland-Mebane Small Area Plan Implementation Group meeting, the proposed Hillsborough Buffer was discussed. I was unable to attend the first part of the meeting, but inquired before the close of the meeting about this issue. I became aware that this was discussed but the group did not provide any 7 Approved 113107 D(O formal comment on this issue. I was also informed that I could make comments to the Planning Board and the BOCC at their upcoming meetings that will address this topic. My comments are below. 1. It appears that this is in actuality a Hillsborough-Efland Buffer and additional consideration to the deliberations of the Efland-Mebane Small Area Plan may be appropriate. 2. The western boundary of the proposed buffer seems arbitrarily drawn at the I-85-70 connector. This 44ane road offers great opportunity to the county as a potential mixed use development that could attract commercial development and contribute to county revenue. Without the ability to determine the "developable area" in the parcel(s) immediately east of the connector after consideration is given to current county ordinances related to open space and buffers, a decision regarding this border of the buffer does not appear to be in the best interests of the county. 3. Without additional information, I am concerned about the buffer boundary south of I- 85. Sincerely, Noah Ranells 4122 Buckhorn Road Efland, NC 27243 Craig Benedict said that the line is drawn farther south than presently exists, and this is consistent with what the Efland-Mebane Task Force said, to move this line out of a portion of downtown Efland that has more development potential. Brian Crawford said that he has been part of the Efland-Mebane Task Force, and all of the comments were related to the water quality critical area that still remain in that location. He said that there was never any discussion about this being removed and another type of buffer coming in. He said that these questions are related to a buffer around Hillsborough. He said that the Efland-Mebane Task Force, when talking about pushing the line south, was talking about leaving the remainder of it in water quality critical area, with the idea that it was still a possible reservoir. If it is not a reservoir, then the critical area lines would disappear. He thinks that it is the location of the lines for the rural buffer that are being questioned, not the critical area. Ben Lloyd asked if there were any public comments allowed. Jay Bryan said that he understands that the public hearing was closed at the end of the November 20th meeting, but that people were allowed to submit written comments for consideration. There will be no further public comment. Craig Benedict said that written comments can come forward. Jeff Schmitt said that if there are additional citizen comments relating to the lines, he thinks that the Planning Board should be able to review these comments. Motion made by Sam Lasris, seconded by Jeff Schmitt to continue this discussion to the January 3rd meeting to allow for written comments. Craig Benedict said that at the November 20th meeting, there were instructions to the public to provide comments to the Planning Board for review, to be returned back to the Board of County Commissioners Approved 113107 no sooner than December 12"'. The expectation was that written comments would be coming to this meeting or any time before this meeting. Judith Wegner asked if there was a reason that this had to be taken up by the County Commissioners so quickly. Craig Benedict said that the reason, as he understands it, is that the Hillsborough Town Commissioners will be reviewing this on December 11t". In February, Phase II is expected to come forward. This is a small area plan report with very little implementation actions at this time. Brian Crawford said that he keeps hearing questions about the lines and the effect of the rural buffer. He did not think that the Planning Board was voting on this specific map as it is outlined today (map presented by Clarion). He said that the Planning Board was supposed to review the recommendations from staff on Hillsborough areas 1 and 2. As far as 3, 4, and 5, there is still work to be done on these areas regarding density and land use. This is in phase H. Craig Benedict said yes. Brian Crawford said that he still is not sure what the concerns are because the Planning Board is not making any decisions on these areas. He thinks that there will be time to have more discussion and public input on this. He is convinced that some of the boundaries and areas that were drawn had to do more with the water and sewer capacity of Hillsborough rather than some sort of arbitrary lines that were drawn. Judith Wegner asked if there would be any feasibility of approving items 1-4 and not approving the rural buffer. She asked if the map was being approved tonight. Craig Benedict said yes, that the Planning Board would be approving the map as jurisdictional suggestions for the future. Discussion ensued about the lines not being locked in at this meeting. Renee Price-Saunders said that she is concerned because there are questions about the lines of the rural buffer. She has questions about the annexation. She thinks that the concerns should be given to the Board of County Commissioners because once the ball gets rolling, it will be more difficult to start changing things. She said that the concept of having lines drawn without enough citizen input is scary. Craufurd Goodwin said that he thinks of Phase I as a vision and a way of doing this and Phase Il is the implementation of the vision. He said that all of the questions of lines and densities are all in the future. He said that it would be useful to submit a set of comments and concerns to the Board of County Commissioners and questions to the consultant. Sam Lasris withdrew his motion. Brian Dobyns supported Craufurd Goodwin's comments. He wants to move forward, and provide comments and concerns and let them be addressed. Motion: Judith Wegner made a motion containing the following steps: ,;? I 1. Recommend in concept, Phase One; 2. That we specifically go on record that we have not had the opportunity to view the details to where any lines on the illustrative map might finally be situated nor have citizens in the areas really had an opportunity to look at that fully so that we want the. record to show that we are not buying into the details of the map at this point to be binding on us or anybody else in the future; 3. That we understand that in Phase Two there would be extensive outreach to people in those communities with ample opportunities informally and formally to ask questions 9 Approved 113107 and find out more about densities or other factors, about how this might in fact be implemented and direct that the Planning staff bring back to us specifics on how this might be done effectively; and 4. Finally, that the details of the conversation and questions and comments from the Board be submitted along with this motion to the Board of Commissioners. Second: Craufurd Goodwin as VOTE: Unanimous AGENDA ITEM #10: SUBDIVISION OF LOT A-9-C UNION GROVE UNITED METHODIST CHURCH - CONCEPT PLAN (VOTING ITEM) Presenter: Jennifer Leaf, Planner I Planning Board will consider recommendations on the Concept Plan for Lot A-9-C Union Grove United Methodist Church. Jennifer Leaf made a correction to the agenda. The lot is A-9-C and not A-9-6. This property is on Union Grove Church Road, just south of the intersection with Arthur Minnis Road, and is roughly across the street from the church. This is a concept plan for a major subdivision. It is a 20-acre tract of land. The proposal is for it to be divided into five lots. The reason that this is a major subdivision is because the applicant is proposing a public roadway. Steve Yuhasz is acting as the surveyor. The five lots are each two acres, which is consistent with the rural buffer requirements in zoning. This subdivision has 42.38% open space, which goes along with the flexible development conservation cluster option being utilized in this subdivision. There was a public information meeting held on November 215`, and five residents attended. The comments are at the back of the agenda packet. There are two streams running through the property. The joint planning agreement in place with Carrboro and Chapel Hill calls for a greenway system along the major creeks within the joint planning area. This has been sent to the Recreation and Parks Advisory Committee for review and recommendation. It is possible that the County will request a dedication to the County of some of the open space for a future greenway system. The homeowner's association will maintain all of the open space and will maintain any signage proposed with the project. Water and sewer will be individual well and septic systems. Staff has received a comment by ERCD, who reviewed this and suggested dedicating some property for the greenway. Renee Price-Saunders made reference to page 41 and asked for clarification on the bottom, where it says, "which is for less than 21 lots follows the normal subdivision process." Jennifer Leaf said that if there are more than 21 lots, it would have to go through the SUP, Class A, public hearing process. Brian Dobyns made reference to the new public roadway and if there was an intention that it would connect with any future subdivision. Jennifer Leaf said that this (future connectivity) is the intention, even though the owners of the farm have no intentions to sell the land and subdivide. Brian Dobyns said that a number of times when this has been the case, there has been landowner concern about this occurring. He asked if there was anything in the deeds to the landowners that says that this is the intention. It was answered that it is stated on the final plat and a sign could be placed at the end of the stub our in question. Brian Dobyns made reference to page 48 at the bottom and a comment made at the neighborhood information meeting, as follows: "A concern was expressed that the people moving into the new homes may be critical of their neighboring landowners." He asked for an explanation of this. Jennifer Leaf said 10 Attachment 6 DRAFT EXCERPT OF MEETING MINUTES ORANGE COUNTY PLANNING BOARD FEBRUARY 7, 2007 REGULAR MEETING MEMBERS PRESENT: Jay Bryan, Chapel Hill Representative (Chair); Brian Crawford, Eno Township At- Large; Brian Dobyns, Cheeks Township Representative; Craufurd Goodwin, Hillsborough Representative; Michelle Kempinski, Cedar Grove Township at Large; Bernadette Pelissier, Bingham Township, Renee Price, Hillsborough Township At Large (Vice-Chair), Sandra Johnson Quinn, Eno Township; Judith Wegner, Bingham Township At-Large, MEMBERS ABSENT: Joel Knight, Little River Representative; Sam Lasris, Cedar Grove Township At Large; Jeffrey Schmitt, Cedar Grove Township at Large STAFF PRESENT: Craig Benedict, Planning Director; Tom Altieri, Comprehensive Planning Supervisor; Robert Davis, Current Planning Supervisor; Karen Markovics, Planner II; Donna Davenport, Administrative Assistant II; Eddie Kirk, Planner II, Michael Harvey PUBLIC PRESENT: Ben Lloyd, Robert Nichols, Joe Phelps, Max Kennedy, Dennis Brooks AGENDA ITEM #1: CALL TO ORDER AND ROLL CALL AGENDA ITEM #2: COMPREHENSIVE PLAN UPDATE (PLEASE BRING WORKBOOKS) AGENDA ITEM #11: TOWN OF HILLSBOROUGH/ORANGE COUNTY AREA STRATEGIC GROWTH PLAN UPDATE PRESENTER: Craig N. Benedict, Planning Director Craig Benedict: I will give you and update now as to where we are. The Steering committed reconvened on January 110' and addressed comments from the Public Hearing from Orange County and Hillsborough. They thought it was best to clarify the difference between Phase I and Phase II. The consultant was asked to put together a resolution that describes the sentiment of the Steering Committee and forward the resolution entitled "Resolution Accepting Strategic Growth Plan and Calling for Preparation of Inter local Agreement" and attaching a conceptual map. The resolution was forwarded to the Hillsborough Planning Board on January 18fl' and it was approved. The attached map changed by not giving outer definitive boundaries. The resolution also states there is more work to be done. The Phase II Implementation will be pursued with consultant help and staff will try to.program additional money in next year's budget for the Phase 11 process. Craufurd Goodwin: The phrase rural buffer was a mistake and should be banned. Craig Benedict: The phrase now being used is the Town of Hillsborough Orange County Area Coordinated Planning Area. On page 069, the time frames are listed. On February 12, the Town of Hillsborough will review it and on February 20'h, the Board of County Commissioners will review. Judith Wegner: What is the intent of the boundaries on page 067? as Craig Benedict: The black line?... relates to present Water and Sewer areas DRAFT Judith Wegner: I think there hasn't been adequate chance for the public to if they are affected. I would like to suggest that we consider the Board of County Commissioners for another public hearing on this so we won't have a backlog for sufficient public opportunity to speak out. We need to find a way to articulate what the significance of Phase I decision is. Michelle Kempinski: Regarding the black line on the map, does that represent the existing water and sewer management planning boundary agreement? The green is considered the watershed and rural buffer area; will that be changing to watershed and coordinated planning area? Craig Benedict: There is an existing Joint Planning Agreement (JPA) rural buffer to the south. We could suggest that you subdivide the area to the south as existing rural buffer and identify the other sides as watershed and rural areas. Renee Price: Is the consultant being used differently now? Craig Benedict: The consultant monies were for Phase I so we would look for the same consultant for the implementation. The process before this was a staff supported elected official and appointed citizen task force known as the Town of Hillsborough Orange County Urban Area Transition Task force which compiled 10 Principals of Agreement as a basis more implementation work. Phase I is a conceptional area of agreement as noted in the agreement. Renee Price: Will it be the same consultant? Craig Benedict: Yes, likely. Renee Price: The orange area, is Hillsborough thinking of annexing the entire orange area? Craig Benedict: Not at this time, but there will be an opportunity to annex that area in the future. Renee Price: (to Jay Bryan) how do the people of Carrboro feel about this?[ie Annexation Agreement] Jay Bryan: Not a good situation. Brian Dobyns: My concerns begin on October 260' and go to November 20". SGP maps are the same on the cover and planning area. That is the water/sewer boundary agreement maps. At this meeting, the committee asked for an additional map is prepared showing additional lands around Hillsborough as part of the area to be reviewed. The public advertisement that was issued on November 2, under purpose, it refers to future actions. The planning department added the area in red after that. It was made available on November 140'. If you reviewed it online it would be very confusing because it goes back and forth between two different boundaries. On page 12 you see the original map. On pages 16, 17 and 18, you see the new map. Later in the report it changes back. At the Public Hearing, we distributed one map which shows the original area in red and the larger area in red. Phase I was introduced at the Public Hearing. The way the information was presented, the public would not be able made sense of it and commented it. I would like to take back my approval for this plan. As I look at the resolution, if you read it, it accepts the November plan as policy guidelines. The process failed the citizens and I would like to make a recommendation to hold an additional public hearing or take back our approval of that plan. Craufurd Goodwin: It seems the two portions in red were included but there was no proposal to change the circumstances or zoning of the individuals in that area. as 2 DRAFT Brian Dobyns: The resolution given out most recently refers specifically to the November plan as being policy guidelines. The proposal was for a lower density. The actually decisions have not been made yet. These lines were created six days before the Public Hearing. Michelle Kempinski: There were two drafts published in November. Brian Dobyns: November 14'1' and November 30'1'. Craig Benedict: In 2004, the Board of County Commissioners formed an Urban Area Transition Task force between the Town of Hillsborough and Orange County. The discussion of the 10 different principals of agreements included looking at the areas, not just within the water/sewer boundaries of Hillsborough but the larger area surrounding it. That task force report was approved. These maps are the starting point for discussion, not a definitive line. The process with the consultant has been valid. Renee Price: Is the concern about the map itself or the process? Brian Dobyns: My vote would have changed if I knew the new areas were put there six days before the Public Hearing. If you were living in one of those red areas, you had six days to get that information. Ben Lloyd: Which map are we going forward with? Craig Benedict: The resolution and map in the agenda packet as additional Strategic Growth Plan clarification. Robert Nichols: I live on Highway 86 North of Hillsborough. We gave Lake Orange to Orange County. We gave 205 acres of land. We have to have 1/3 of a house on 1 acre of land. The fire protection would be from the rural fire department. This states we will not have any water or sewer in the area we live. We are being discriminating against. The development rights are being taken by the rural buffer. If we have a rural buffer it should be the County line. Joe Phelps: I am a member of the Hillsborough Water and Sewer Advisory Board. We passed a recommendation to the Hillsborough Planning Board that we were in favor of the concept of the Strategic Growth Plan but there were concerns about the draft. We didn't want to say that you could not be outside the lines of the water and sewer plan. Jay Bryan: Was that resolution given to the Planning Board prior to their passing this resolution? Joe Phelps: They had 30 seconds to look at it before they voted. Max Kennedy: I have not been adequately informed about this. I would like to feel I have been informed about what is taking place. Has there been a County Public Hearing on this? Brian Dobyns: November 20'11. Max Kennedy: If the rural buffer is extended it will devalue my property. I don't want to develop it. Dennis Brooks: We own a farm and we were informed earlier than most. I don't understand voting on a work in progress. MOTION made by Judith Wegner 1) the Planning Board has spent considerable time discussing the proposal; 2) we continue to support the concept of having strategic planning in this area; 3) we believe 3( DRAFT that the introduction of various maps during this process has proven to be confusing; 4) we believe that the public have not received adequate information about the maps; 5) we believe there was inadequate notice about the November 20 Public Hearing; 6) we recognize efforts by the committee overseeing this process to accommodate concerns by changing terminology and depiction of map boundaries; 7) we recommend no approval and an additional public hearing and prior to the hearing a clearer, more explicit notice be given to the public. [not seconded] Michelle Kempinski: From a task force perspective, [directed to Craufurd Goodwin, Planning Board Liaison to Steering Committee for the Town of Hillsborough-Orange County Strategic Growth Plan] does the report adequately reflect the work done on the task force and does the task force need to review the report. Craufurd Goodwin: I think it does reflect the consensus of the task force and report. This board has repeatedly expressed its concern to respond to the public as the process continues. Renee Price: As a matter of procedure, we have already given our recommendation to the Board of County Commissioners. Craig Benedict: With reservation. Renee Price: That is a done deal, you can't take that back. As we move forward, we need to look at more citizen participation. My neighbors are not informed. Judith Wegner: It is not taking back, it is bringing another resolution. Brian Crawford: I am still back a couple of months ago. We are still going into discussion to see where the boundaries on that map will be. Brian Dobyns: There is only one place which is, the November Strategic Growth Plan is hereby accepted as statement of conditions and source of policy recommendation for consideration . and continued discussion. Brian Crawford: It states continued discussion. Brian Dobyns: If this is adopted it goes back and says that the maps that were generated are now part of the discussion. Brian Crawford: We had the understanding that the map would not be fixed. It would not be appropriate for the board members to rethink the decision. We can use the process later to change the map. Brian Dobyns: I have brought forward information that substantial change was made six days before the Public Hearing. Judith Wegner: I am concerned about the fact that we didn't have a meaningful Public Hearing. I want to do justice to the Board of County Commissioners and tell them where we are and what this means to the public. Craufurd Goodwin: I went to both public hearings and I thought they were both meaningful. Judith Wegner: If I were a citizen, I would not have known what was being discussed or the consequences. There were also a lot of people that didn't understand. 3a 4 DRAFT Brian Crawford: We can't belittle this point. All the maps, someone can have a problem with but there is no permanent map being considered. We need to make sure there is more than adequate opportunity for the map to be displayed to citizens of the County. Bernadette Pelissier: If there were another Public Hearing on Phase I, nothing would be solved. We are better off beginning with Phase II and getting the public involved. Renee Price: Would it be appropriate to make a recommendation to the task force that the Planning Board feels there needs to be a community outreach plan tied to other public hearing. Brian Crawford: At least to illuminate what we have said today. Judith Wegner: My motion needs a second. No second made. MOTION made by Renee Price to recommend to the steering committee for a community outreach process `in Phase II'. Brian Crawford seconded. VOTE: 8-1 (Brian Dobyns dissented) Brian Crawford: When we transmitted the information to the Board of County Commissioners there were reservations. What were they? Craig Benedict: To be sure of the motion first, part of the recommendation was that outreach must happen in Phase II. Renee Price, Brian Crawford and Planning Board members agreed. Craig Benedict: Back to your question, on December 12, 2006 BOCC agenda the Planning Board recommendation included a four part motion that approved Phase I, details of the map are not binding, extensive outreach in Phase II including implementation specifies and that the discussion of the Planning Board be part of the agenda. Brian Crawford: Retransmit, in addition, right Jay Bryan: I am confused about which map we are proceeding with. We can't go back on our current motion. Six days is not sufficient time. Judith Wegner: We have a different map tonight. If it comes back, will there be changes. This should be a process in which people should know about before hand and be able to comment. Michelle Kempinski: Related to the map, does this map replace all the maps in the Strategic Plan? Craufurd Goodwin: We had a Public Hearing, there were additional changes made and this is the result of the Steering Committee's concerns. Michelle Kempinski: I need to be able to answer a question about the map if someone asks. Craig Benedict: Resolution and map is a clarification of what Phase I means and the report and maps are still valid to give the analysis of how we got there. 33 5 DRAFT Renee Price: This map we received tonight Craufurd Goodwin: The map has no legal Jay Bryan: Just a concept Ben Lloyd: Is this the proposed map? Craig Benedict: Yes, that goes with the Resolution. Ben Lloyd: Thank you. Jay Bryan: Any other comments. Alice Gordon has asked that we nominate one or two people to serve on a special advisory commission on transit. Donna Davenport can send out an email. AGENDA ITEM #12: ADJOURNMENT MOTION made by Michelle Kempinski to adjourn. Renee Price seconded. VOTE: Unanimous Jay Bryan, Chair Tina L. Owen, Minutes Preparer 3+ 6 r?CcCl?W?e?' ?S Town of Hillsborough-Orange County Coordinated Planning Area Report Excerpt The Orange County/ Town of Hillsborough Urban Transition Area Task Force Report Published/approved in February of 2005 Reference made in several locations to the idea of a coordinated planning area around Hillsborough. Below are excerpts from the Report that support the rural perimeter. 6. Task Force Products, Recommendations, and Implementation 1. De Facto Principles of Agreement and Map, including implementation strategies, is intended to serve as the basis for future planning efforts in the Hillsborough ETJ and Orange County Urban Transition Areas and other adjacent 'rural' areas. 6.1 De Facto Principles of Agreement 2. The ultimate extent of Hillsborough's Urban Service Area (USA) for public water and sewer shall respect the boundary established by the Water and Sewer Management, Planning and Boundary Agreement and map. (See Appendix C) This boundary respects the area designated as Rural Buffer to the south, Eno River Critical Area to the west, and sensitive environmental lands of the Eno River State Park and Stoney Creek Basin to the east. 4. Orange County and the Town of Hillsborough shall protect the surface and groundwater resources of the Upper Eno/Neuse River Watersheds, both in designated critical and protected areas, through responsible land use planning. (Map provides the full extent of the Upper Eno Watershed) Lower density and lower impervious regulations improve the Town of Hillsborough's surface water supply. 11. Orange County and the Town of Hillsborough do not promote development patterns that can be characterized as urban sprawl and will avoid it through independent and coordinated land use planning. 6.2 Implementation 11. Limit Rural Sprawl: The Town of Hillsborough and Orange County shall work together to limit urban sprawl through the establishment of Intermediate and Ultimate Urban Service Areas that shall be established through and inter-local agreement following completion of an Orange County/Town of Hillsborough Joint Strategic Growth Plan. Annexation boundary agreements can assist in this goal achievement. 6.3 Joint Strategic Growth Plan - Scope of Work: Possibilities for Consultant 5. Demarcate a boundary between urban and rural developments with recommendations for maintaining desired character in both areas. Page 1 of 3 _; (0 TOWN OF HILLSBOROUGH-ORANGE COUNTY AREA COORDINATED PLANNING AREA ORANGE COUNTY PLANNING STAFF COMMENTS (2007) Introduction Preparation of the Town of Hillsborough-Orange County Area Strategic Growth Plan has been underway for the past year and is nearing completion. Defining an urban growth boundary for the Town has been paramount, but future development in the abutting areas where water and sewer will not be extended has been discussed extensively too. Creation of a Coordinated Planning Area for these peripheral areas has been recommended. Town of Hillsborough-Orange County Coordinated Planning Area Atown 'and county can set the limits of expansion of an urban area that match existing resources and proposed infrastructure such as water, sewer, and roads while balancing tho quality of life sought by area residents, whether it be preservation of historic character, small town charm or other attributes. Water and Sewer Management, Planning and Boundary Agreement Adoption of the Water and Sewer Management, Planning and Boundary Agreement (WSMPBA) by Orange County, Chapel Hill, Carrboro, Hillsborough, and OWASA on December 3, 2001 further strengthened the `rural perimeter' concept by designating these peripheral areas and watershed areas around urban areas as Long-Term Interest Area. The agreement goes on to state, "The development of land within interest areas is not projected to occur at urban densities, and therefore, public water and sewer service shall be prohibited in these areas, except as provided in this agreement." Preparation of the Hillsborough-Orange County Strategic Growth Plan provides an opportunity to test the concept of a Coordinated Planning Area. The study area for the Strategic Growth Plan in part seeks to redefine the Hillsborough Primary Service Area as defined in the WSMPBA to match it's resources and to also control peripheral growth beyond that public water sewer area.' Criteria for Coordinated Planning Area Possible criteria for defining a Coordinated Planning Area include: 1. Areas not served by water and sewer. 2. Outside Hillsborough urban and urbanizing area (i.e., town limits, ETJ, and transition areas). 3. Coterminous with Rural Buffer (Joint Planning Area) to the south. 4. Contained within the Eno watershed. 5. Includes major Public Interest District areas (Eno River State Park and Duke Forest holdings) and high priority County environmental holdings.* 6. Eastern boundary from recommendations in Stoney Creek Small Area Plan.* 7. Environmental features such as ridge lines, water bodies used where possible; also roads used in some areas.* 8. Wildlife corridors identified in Land Use Element used in some areas. Page 2of3 3-f Benefits Expected from Creation of a Coordinated Planning Area 1. A reduction in sprawl that adds an urban pattern of development overburdening the town with more people and traffic issues even though outside the urban area. 2. Coordinated Town and County decisions in an area of joint interest. 3. Increased protection for the existing system of open space including Duke Forest lands and Resource Protection Areas. 4. The rural residential and agricultural character outside the urbanizing areas would be maintained. 5. A compact form of urban development would be achieved avoiding spillover growth outside the urbanizing area boundaries. 6. Lower densities and limited non-residential uses in the rural periphery would result in reduced demand for extension of urban services and more efficient fiscal utilization of those limited urban services. 7. The area would contain a smaller, sustainable population at buildout. 8. A reduction in air pollution associated with fewer vehicle miles traveled. *Portions of these areas extend outside the Hillsborough WSMPBA Primary Service Area. Page 3 of 3