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HomeMy WebLinkAboutAgenda - 02-16-1993 - III-G 1 O R A N G E C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT - Meeting Date: February 16, 1993 Agenda Abstract Itea # m-G SUBJECT: CP-2-92 PROPOSED LAND USE ELEMENT CATEGORY - OPEN SPACE DEVELOPMENT AREA DEPARTMENT: Planning PUBLIC HEARING: Yes X No ATTACHMENT(S) : INFORMATION CONTACT: Planning Director X2592 Proposed Amendment Hillsborough Cooperative Planning Agreement PHONE NUMBERS: Draft 11/23/92 Public Hearing Hillsborough 732-8181 Minutes Mebane 227-2031 Citizen Comments Durham 688-7331 (See 1/25/93 Planning Chapel Hill 967-9251 Board Packet) Draft 1/25/93 Planning Board Minutes PURPOSE: To consider a proposed text amendment to the Land Use Element of the Comprehensive Plan. The proposal would add language to include a new plan category entitled "Open Space Development Area". The proposal was presented at public hearing on November 23, 1992. BACKGROUND: The Land Use Element of the Comprehensive Plan was adopted in 1981 as the Orange County Land Use Plan. In 1989, the Board of Commissioners recognized the County's planning policy documents under the guise of a Comprehensive Plan, and the Land Use Plan became the Land Use Element. The Land Use Element is a policy document which guides decision-making on land use related issues. As such, the Element contains a number of land use categories which reflect these goals and policies, and correspond to zoning districts containing development standards. There are currently 19 land use categories. The proposed "Open Space Development Area" category would address innovative open space development styles and their evaluation/application under the existing County plan. The amendment is also designed to address concerns regarding the consistency between the Hillsborough-Orange County Cooperative Planning Agreement and the Comprehensive Plan. A description of the proposed category is provided in the attached November 19, 1992 staff memorandum. Given the fact that the University Station applicants (CP-1-92) have formally withdrawn their proposal to amend the Land Use Element of the Comprehensive Plan, the need to enact such a land use plan category at this time is questionable. An alternate approach would be to table the proposal at this time and consider it within the context of the Hillsborough Cooperative Planning Area Land Use Plan. Provided the preparation of that Plan continues on schedule, it will be presented for citizen comment at the quarterly public hearing in May, 1993. 2 At its January 25, 1993 meeting, the Planning Board recommended that the proposal be tabled. RECOMMENDATION: The Administration recommends that the proposed amendment be tabled per the Planning Board recommendation and considered within the context of the Hillsborough Cooperative Planning Area Land Use Plan. 3 MEMORANDUM TO: BOARD OF COMMISSIONERS PLANNING BOARD FROM: ORANGE COUNTY PLANNING DEPARTMENT DATE: November 19, 1992 SUBJECT: CP-2-92: PROPOSED LAND USE ELEMENT CATEGORY: OPEN-SPACE DEVELOPMENT AREA This amendment would add language to the text of the Land Use Element of the Orange County Comprehensive Plan to include a new plan category entitled "Open-Space Development Area" . The amendment is proposed by staff to address concerns regarding the congruency between the Orange County-Hillsborough Cooperative Planning Agreement and the Comprehensive Plan. There is no map amendment proposed at this time, although application of this category to the University Station proposal would require a map amendment. BACKGROUND The Land Use Element of the Orange County Comprehensive Plan was adopted in 1981 as the Orange County Land Use Plan. In 1989, the Board of Commissioners reorganized the County's planning policy documents under the guise of a Comprehensive Plan, and the Land Use Plan became the Land Use Element. The Land Use Element is a policy document which guides decision- making on land use-related issues. As such, the Element contains a number of land use categories which reflect these goals and policies, and correspond to zoning districts containing development standards. There are currently 19 land use categories. The proposed Open-Space Development Area category would address innovative open-space development styles and their evaluation/application under the existing County plan. The amendment is also designed to address concerns over the jurisdiction of open-space developments. PROPOSED AMENDMENTS TO LAND USE ELEMENT TEXT, The proposed changes to the text of the Land Use Element are in three sections of the document. These sections are: Section 3 . 3 Land Use Element Categories Section 3.4 Locational Criteria Section 4 . 1 Overview of Implementation Strategies 1 4 The proposed language changes are grouped..... by section and page. New proposed language is shown in !ft:401:iiAti*. In some cases, additional sections preceding and foilowing".-the• passage to be amended are shown to provide perspective. Section _3 .-3 - Land Use Element Categories Page 3 . 3-1 Proposed Change: Under "Basic Category" of RURAL, add category entitled 9peilitg:010iii;De#40000110#0, as shown below. RURAL Rural Buffer Rural Residential Agricultural-Residential 00010WCPelte#10404#11WOR RiiAr-gei4hbdihobd-AatIvity Node Rural Industrial Activity Node Agricultural Areas Page 3. 3-2 Proposed Change: Add description of plan category after "RURAL COMMUNITY ACTIVITY NODE" and before "RURAL BUFFER. " agatgalaraMMUEMaLlitian:40„ ...44•441 , TonaitioicatiwohiabligilfOiTrarty0100:1040.0i4CFPARWOMT :10`*4` *404:0000#14090140iiig0gt5#0 aaitktitgt-aiA4atttiMikaitattktig#ftg*:iahgaaqC:bOqS:n4gi#ZTVO# •••• Wattir;i:::::and:::::::a0WOMonfoVigNOmpw •:• : .• • •-• such *4i aid**AO*Ma, WO*: ******AttitanVainatints C:«t:vvennspactii*: Section 3 .4 - Locational Criteria Page 3.4-6 Proposed Change: After the category RURAL COMMUNITY ACTIVITY NODE and preceding the plan category section entitled RURAL BUFFER, insert the following: PLANgeliTteinIMMAM4ON IMPIOVeLiOnearpAREill •y•-..•,.......-..v.--,"--doijitiwk:thittottcvawbc,?:odttot:od 2 5 apace; • i <. ;.:,:• :: <;.{;.:. .: .: :' >:{:;<:>:>: tsd::::;.:s:<::a yeas><:: th::. .>:::tte�::}:Count:.{::<::s t t* • ,{lana i..,: :};>{:y�,1,k.:rN,1:,: e;d,,t1,,'::„';�,t:i, ^:{ :Nl;. ;�:::p1►.bu ....:::v::•:•::::✓.v;;,;v...v:::::•::t"v::4,y:;.}:r'l.{ri:4::•:}}::t:...,v.,y.:.i}}:{{•�iA:a:•:•:'r':•w}..I:aV w:: .v..::..:.:. y{•v •• ,. �y{ :tvt}}}.".::..v..:....:..:............... �,•�i�,. �i'if�..�.Ti«.«.�i«}}o-}}:•:a:•:a:•}}}:;::a:•i:ea 2X.�+.#-}:.;•:•:::....:..::.`y:.:..:f••:{x�{:?::•::.t.;..::..:.ht:{.;{.}:,:.:•.,-:.,,�.�. .... ......::.. {: vh .................................:......:,v.v••:::::::.:u..v.u::v:•.tv:tv::•:::...:;:•:v,v:vv. v:::.v:;.•v::.:v.••.v:.,,... :••.v.••.:a:•}}'rk! 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Create a new column from existing "R-2, R-3, R-4" , moving "R-2" into a free-standing column. 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A::.n:",....... '.... ....:...�::,:::::::::: .,.6 666:. . m w a '. .:::.ryas. ::.• , .: : .. :..; :.:,..;... ..: 1:�� : : :°� ......:A:..<:4::...................6..666.....,.. ANALYSIS/RATIONALE This amendment is proposed to the text of the Land Use Element to enhance evaluation of plan amendments that fall in between the categories of Ten/Twenty-Year Transition, which is of an urban nature, and Rural Residential, which is a category relating to traditional rural development. New, innovative development styles introduce concepts that may not fit into previous plan categories. Specifically, there are three objectives to , be served by this amendment. These objectives are summarized below: First, the creation of an Open-Space Development Area category will - . 4 7 II mitigate concerns about the lack of a "fit" between existin element categories and new development styles. Looking at the existing plan in terms of locational criteria and a density range, there is no category between Rural-Residential areas of rural development on conventional singlehfamilyplotsnof 40, 000 square feet) , and Ten/Twenty-Year Transition, which is a category designed for areas in transition from rural to urban uses over the next 10-20 years. Some open-space development options (such as the Planned Community and Half-Acre Open-Space Development options proposed by the Rural Character Study Committee) cannot adequately be evaluated in either of these existing categories. An Open-Space Development Area category would create an appropriate vehicle for such evaluations. Secondly, this amendment would address concerns over the ultimate administration of development projects that would otherwise fall into the Transition category. Since Transition Areas are ultimately planned to become part of adjacent Urban areas, the potential exists for rural/open-space developments to come under the purview of urban governments. An Open-Space Development Area category could address this concern by reflecting locational criteria that better represents the rural/open space context of these projects. Finally, the proposed University Station planned community is illustrative of both concerns identified above. If the County is to have "planned communities" as part of its open-space development strategies, the proposed Open-Space Development Area category must be included in the Land Use Element of the Comprehensive Plan. The applicants of this proposed development have requested Ten-Year Transition status for their project as the closest fit to their proposal under the current plan. The Rural Character Study Committee has recommended a series of development options that call for allowing Planned Communities in the area of this proposed project. Additionally, the Orange County-Hillsborough Cooperative Planning Agreement has identified this area as an Open Space Area - where public water and sewer service might be extended only to developments which preserve open space and rural character. Evaluation of University Station as a Transition Area raises concerns over "fit" and administrative jurisdiction as mentioned above. However, creation of a new category to evaluate all open- space developments would allow for a different evaluation tailored to the unique features of open-space developments. If the Land Use Element is amended to designate the University Station property as an Open-Space Development Area, it would alleviate the concerns mentioned above and create a "pilot project" for future open-space developments of different sizes and styles. If and when the recommendations of the Rural Character Study Committee and the Orange County-Hillsborough Cooperative Planning Area Land Use Plan are adopted, this category can be expanded to include other techniques and options. 5 Land Use Element Categories - Zoning District Matrix Zoning Districts LAND USE ELEMENT CATEGORIES R-s R-3 R-8 RB AR R-1 R-2 R-4 R-13 LC-I NIC-2 CC-3 GC-4 EC-5 0/1 1-1 1-2 13 E1 D S P1D Rural Buffer • Agricultural Residential Rural Residential • Open-Space Development Area • County }residential Transition • • • Chapel Hill Transition Permit Administration by Municipalities under the provisions of the Joint Planning reemen - Carrboro Transition Contact appropriate Municipality for Applicable Zoning Standards g g t Public Interest Area • Rural Neighborhood Activity Node • • Rural Community Activity Node • • County Commercial Activity Node Rural Industrial Activity Node • County Industrial Activity Node • • • • County Commercial-Ind. Activity Node • • • • • • • • • co or-alfge COMWtty Hr11�s,�io�r-ough go Goope-A9 ti ve Planwi%ig zowe T eo h ( • Le er1cL C g , f` H�rISbomugh Corpora to Lzmrts & _EJ ° rransrtl%on Area .Q f ?c open spa ccArrza n. ,f,�y,• ,,�1 . ° RuralBufferBoundary r ��., d ter....+m•�. ,,�! UpperEno Watershed k �I � _ � Sr.F!�` �` yFy��'r- r t. � '� Q•. .c.F.�.4r - A ' � G N5 •n• . Ilk u m THIS AGREEMENT, made and entered into this Allh day of 199L, by and between the COUNTY OF ORANGE, a political subdivision B. Cooperative Planning Area Land Use Plan. The Cooperative of the State of North Carolina (hereinafter sometimes referred to Planning Area Land Use Plan to be developed jointly by as 'the County" or "County") and THE TOWN OF HILLSBOROUGH, a Orange County and Hillsborough and to be adopted by municipal corporation duly created and existing under the laws of Orange County and as it may be amended from'time to time. North Carolina (hereinafter sometimes referred to as "the Town" or C. Cooperative Planning Area Land Use Map. The, Ccoperative 'Town"). Planning Area Land Use Map, to be developed jointly by W Z T N E S S E T H: Orange County and Hillsborough and to be adopted by In consideration of the public benefits expected to flow from the Orange County and as it may be amended from time to time. D. Open Space Area_ _ That portion of the Cooperative cooperative efforts of Orange County and Hillsborough in establishing a coordinated and comprehensive system of planning Planning Area designated on the Cooperative Planning Area within their area of joint public concern, County and Town hereby Land Use Map as such and containing development options agree as follows: as may be approved by Orange County from time to time. ARTICLE I. PURPOSE, DEFINITIONS, EFFECTIVE DATE The Open Space Area is further defined as land which, Section 1.1 Purpose of the Agreement. although adjacent to an urban or transition area, is The purpose of this Agreement is to establish a method of urban and generally contain low density residential uses.generally nonurban and which will generally remain non- coordinated .and comprehensive planning in the Orange County- � Hillsborough Cooperative Planning Area (hereinafter referred to as This area may be served by public water and sewer but "Cooperative Planning Area"), as defined herein. solely for the purpose of the development of large Section 1.2 Definitions. developments, or a combinatiun of small developments, A. Cooperative Planning Area. The area designated on the with significant preserved open space. Cooperative Planning Area Land Use Map lying outside the E. Transition Area. That portion of the Cooperative extraterritorial planning jurisdiction of Hillsborough. Planning Area designated on the Cooperative Planning Area The perimeter boundaries, the transition area boundaries Land Use Map as such_ This area is further defined as being in transition from rural to urban or already urban and the open space area boundaries of the Cooperative in density. Urban services (public water and sewer and Planning Area are shown on Exhibit A to this Agreement. Other town services) are now provided to this area or are 1 2 ~ c, i projected to be provided to this area. This area is Hillsborough). Articles 3 and 4 of this Agreement shall further defined as likely to be annexed by Hillsborough become effective upon the execution of this Agreement. in the foreseeable future. B. This Agreement shall remain in effect until terminated F. Development Permit. Major subdivision preliminary plat by mutual agreement or by withdrawal of either party. approval and any discretionary permit (whether called A party may withdraw from this Agreement',at any time conditional or special use permit or some other term) before the adoption of the Cooperative Planning Area Land issued by the orange County Board of Commissioners or the Use Plan and the Cooperative Planning Area Land Use Map Hillsborough Board of Commissioners. thirty (30) days following written notice to the other G.. Involuntary Annexation. Annexation authorized or party. Any such withdrawal shall be effective thirty undertaken pursuant to Parts 2 and 3 of Article 4A of (30) days following receipt by the party not withdrawing Chapter 160A of the North Carolina General Statutes. of the notice of withdrawal. After the adoption of the H. voluntary Annexation. Annexation authorized or Cooperative Planning Area Land Use Plan and Cooperative undertaken pursuant to Parts 1 and 4 of Article 4A of Planning Area Land Use Map, a party may not withdraw Chapter 160A of the North Carolina General Statutes. until it holds a public hearing on the proposed Section 1.3 Effective Date and Duration. withdrawal followed by written notice to the other party A. Articles 1 and 2 of this Agreement shall become effective within thirty (30) days of the public hearing. Any such on the effective date of an Orange County ordinance or withdrawal shall be effective one (1) year following ordinhncess (1) adopting this Agreement (after it has receipt by the party not withdrawing of the written been approved by Hillsborough); and (2) amending Orange notice. Subject to termination provisions of this County's Zoning Ordinance (including Zoning Atlas) and Agreement, annexation provisions of this Agreement shall Subdivision Regulations as prescribed in Section 2.1 of be valid for not more than 20 years and may thereafter this Agreement; and (3) adopting the Cooperative Planning be renewed. Area Land Use Plan (after it has been approved by C. Upon execution of this Agreement, the parties agree that Hillsborough); and (4) adopting the Cooperative Planning each will take, in a timely manner and without Area Land Use Map (after it has been approved by unnecessary delay, all steps (including but not limited to preparation and adoption of the Cooperative Planning 3 4 F ' N Area Land Use Plan, the Cooperative Planning Area Land Use Map, Zoning Maps, appointments of Transition Area by reference the Hillsborough Zoning Ordinance and the representatives to the Hillsborough Planning Board and Hillsborough Subdivision Regulations and make their Board of Adjustment and all required land use ordinance provisions applicable to the Transition 'Area. amendments) required to cause this Agreement to become Section 2.2 Standards Within the Open Space Area., ' effective. Each party will notify the other party when Within the Open Space Area, the Orange County Zbning Ordinance each step has been taken. Orange County will notify (including Zoning Atlas) and Subdivision Regulations that are Hillsborough by resolution when Articles 1 and 2 of this in effect on the effective date of this Agreement shall remain Agreement become effective. in effect until amended in accordance with Section 2.6 of this ARTICLE 2. ADOPTION, ADMINISTRATION AND Agreement. AMENDMENT OF STANDARDS Section 2.3 Permit Administration Within the Transition Area. Section 2.1 Standards Within the Transition Area. A. Except as otherwise provided in Sections 2.5 and 2.6, A. Hillsborough shall prepare a Zoning Map for the Hillsborough shall perform all functions related to the Transition Area and shall recommend its adoption by administration of the ordinances referenced in Section Orange County which, upon approval and adoption as 2.1B. Subject to the remainder of this Section, -prescribed in Subsection B of this Section, shall become Hillsborough shall administer the referenced ordinances part of the Orange County Zoning Ordinance. The Zoning just as if the land were located within Hillsborough's Map shall be prepared using zoning districts which planning jurisdiction. Administration shall include but correspond to the text of the Hillsborough Zoning not be limited to the following: Ordinance and which correspond with the density 1. Receipt and processing of development applications; designations and plan classifications as prescribed in 2. Issuance of any required permits and certifications; the adopted Cooperative Planning Area Land Use Plan and 3. Review and approval of required site/construction the adopted Cooperative Planning Area Land Use Map. plans; B. Upon completion of the Zoning Map referred to in Section 4. Conducting necessary site inspections; 2.1A, Orange County shall amend its Zoning Atlas in 5. Enforcement of all standards; accordance with said Ma p. Orange County shall also adopt 6• Any other acts or things necessary to administer the Ordinances; 5 6 N fV perform all functions related to the administration of and shall be carried out in a manner so as to insure that the ordinances referenced in Section 2.2 in the same a developer complies with all applicable ordinance manner as if the land were located outside the requirements and the terms and conditions of any permit Cooperative Planning Area. issued by the Town. The Town may charge fees for B. Whenever Orange County receives an application for a processing applications, conducting site/construction development permit as defined in this Agreement relating plan reviews, and carrying out site inspections in to land located within the Open Space Area, it shall accordance with fee schedules applicable within the forward a copy of the application to Hillsborough for planning jurisdiction of the Town. review. The County shall establish timetables to insure B. Whenever Hillsborough receives an application for a that the Town has an opportunity to make recommendations development permit as defined in this Agreement relating regarding such applications within the framework of the to land within the Transition Area it shall forward a Town's regularly scheduled meeting dates. To the extent copy of the application to Orange County for review. The possible, the timetable of the Town and the County shall Town shall establish timetables to insure that Orange provide for simultaneous review to expedite application County has an opportunity to make recommendations processing; provided, however, Orange County may not vote regarding such applications within the framework of the to issue or deny a permit until it has received the County's regularly scheduled meeting dates. To the recommendation of the Town or until the expiration of extent possible, the timetables of the County and the forty-five (45) days after Hillsborough has received the Town shall provide for simultaneous review to expedite application, whichever occurs first. application processing; provided, however, the Town may Section 2.5 Enforcement Remedies. not vote to issue or deny a permit until it has received A. Permit revocation, if necessary and authorized by the recommendations of Orange County or until the ordinance, shall be handled by the same individual or expiration of forty-five (45) days after Orange County board authorized to issue the original permit. i has received the application, whichever occurs first. B. Within those portions of the Cooperative Planning Area Section 2.4 Permit Administration in the Open Space Area. i where the ordinances specified in Section 2.1B are A. Except as otherwise provided in Section 2.6 and the administered by the Town, enforcement efforts through the remaining provisions of this Section, Orange County shall W use of civil penalties, criminal penalties or injunctive agree to periodically review the Cooperative Planning relief shall be initiated by the Town. The Town shall Area Land Use Plan and the Cooperative Planning Area Land have the duty to defend at its own expense and shall Use Map to consider changing conditions and indemnify and hold harmless, to the extent it can legally circumstances. This review will take place at five (5) do so, Orange County, its Board of Commissioners, its year intervals unless some lesser or greater interval is advisory boards, its staff and all members of its boards agreed by the County and the Town. and staffs, in their official and individual capacities, B. Except as provided herein, proposed amendments to the from any and all claims, actions, proceedings, expenses, text of the Orange County zoning and Subdivision damages or liabilities, including attorneys, fees and Ordinances that are applicable within the Open Space Area court coats, resulting from the Town'a administration of as well as proposed changes in zoning district the ordinances specified in Section 2.1B. classifications (i.e., zoning map changes) that affect C. Orange County shall notify Hillsborough and Hillsborough property within the Open Space Area shall be initiated shall notify Orange County as soon as practicable and adopted in accordance with the procedures set forth thereafter of any such claim, action or proceeding. in those County ordinances. All such proposals shall be Section 2.6 Text and Map Amendments. referred to Hillsborough for review and recommendation. A. Proposed amendments to the Cooperative Planning Area Land Orange County may not adopt such proposed amendments Use Plan and/or the Cooperative Planning Area Land Use until Hillsborough has made its recommendations, or until Map may be initiated by (i) Orange County or (ii) the expiration of thirty (30) days following such Hillaborough or (iii) any other person by filing a referral, whichever occurs first. request for such an amendment with Orange County. Any C. Whenever Hillsborough proposes to amend the text of its petition or request to amend the Cooperative Planning Zoning Ordinance or Subdivision Regulations, it shall Area Land Use Plan received by the County shall be deliver a copy of the full text of the proposed amendment referred to Hillaborough. No such amendment may become to Orange County not later than thirty (30) days before effective until after it has been adopted by Hillsborough the date of the public hearing on any such amendment. and Orange County following a joint public hearing by However, with the written consent of the Orange County both governing bodies. Orange County and Hillsborough Manager or his designate, this thirty 0 Y ( ) day period may 9 10 F--' be reduced to not less than ten (10) days. Unless Orange may be accomplished only pursuant to Section 2.6C County files with Hillsborough a written objection on or (including adoption by Orange County following a request before the date of the public hearing on the proposed to do so by the Town). Any petition or request to amend ordinance amendment, then adoption of the amendment by these ordinances received by the County ot, initiated by Hillsborough shall automatically effect a corresponding the County shall be referred to Hillsborough. amendment to the applicable ordinance adopted by E. Within the Transition Area, changes' in zoning reference by Orange County as provided in Section 2.1B. classifications may not be made unless and until an Any such objection shall be based on a determination by ordinance approving a zoning map amendment making the Orange County that the proposed amendment is inconsistent changes has been approved both by Hillsborough and Orange with the adopted Cooperative Planning Area Land Use Plan. County following a joint public hearing by the two If Hillsborough adopts an amendment despite Orange governing bodies. Requests for changes in zoning within County's objection, then it shall refer such amendment the Transition Area that are filed with the County shall to Orange County with a request that the,County make be referred to Hillsborough to initiate the amendment corresponding changes as expeditiously as reasonably process. possible so that Hillsborough may continue to enforce F. Proposed amendments to the text of this Agreement shall within the Transition Area the same standards that it not become effective until approved by Hillsborough and enforces within its own planning jurisdiction. In the until adopted by Orange County ordinance. event of objection by Orange County as provided herein, Section 2.7 Representation of Transition Area Residents. no such amendment shall be effective within the Hillsborough shall revise its Zoning Ordinance to provide that Cooperative Planning Area until it is adopted by Orange i at least one resident of the Transition Area shall be County. appointed to Hillsborough's respective planning board and D. Orange County may not unilaterally amend the text of its board of adjustment, in the same manner as representation of zoning or subdivision ordinances applicable to the extraterritorial planning area residents is provided for in Transition Area (i.e., those ordinances adopted by the Town's zoning ordinance. reference pursuant to Section 2.1B). Amendments to the ordinances referenced in Section 2.1B by Orange County 11 12 Ln ARTICLE 3. LIMITATIONS ON ANNE$ATIONS Section 3.1 No Annexation Into Open Space Area. Prohibit additional service taps directly onto such Except pursuant to the written consent of Orange County, existing Hillsborough agrees lines, extensions of lines through the areas that !t will not annex into the Open Space ' referenced in Subsections (A) and (B) where necessary to Area (whether by voluntary or involuntary annexation or by any serve areas not so restricted, or the construction of any other method authorized by law) nor shall Hillsborough seek water tower or related facilities necessary to improve special legislation accomplishing such annexation. service in areas where service it not restricted under ARTICLE 4. LIMITATIONS ON THE E%TENSION this Agreement. OF PUBLIC WATER AND SEWER THIS AGREEMENT entered into this l ���� Section 4.1 Extensions of Public Water and Sewer, day of �rr.____, 199 A. Subject to Subsection (C), and 0/i-W except pursuant to the AChai written consent of Orange County B r Orange County, Hillsborough agrees it Commissioners will not extend its public ATTEST�t-water and sewer into the Rural Buffer of the Orange County/Chapel H111/Carrboro Joint Clerk th oard of Co issioners Planning Area or into the Upper Eno Watershed. B• Except pursuant to the written consent of Orange County, I — Hillaborough agrees that it will not extend its public M r, own of Hi is orough ATTEST: T water ' and sewer into the Open p Space Area of the Cooperative Planning lerk 9 Area except consistent with the To development options for the Open Space Area adopted by Orange County from time to time. I C. The parties recognize that Hillsborough has already extended water and sewer lines into the Upper Eno Watershed, and nothing in this Agreement is intended to Prohibit these existing lines. In addition, the Provisions of Subsections (A) and (B) are not intened to 13 14 Excerpt from Orange County Water & Sewer Policy ?.7 GOAL 3 - DEVELOPMENT PATTERNS Within the County' s planning jurisdiction, establish development patterns compatible with the goal of directing urban growth to areas where it is desirable and can be practically and efficiently served by water and sewer facilities. A. General Policies 1. Public water and sewer facilities should be extended in accordance with the Land Use Element of the Orange County Comprehensive Plan. Such facilities will be encouraged, where they are available, in the Plan ' s Urban and Transition areas, and will be discouraged in Rural and Agricultural areas except where their provision will enhance the rural character and provide for open space by allowing clustered development. 2 . Joint planning should be developed and implemented among the County, its municipalities, surrounding jurisdictions, and utility providers responsible for water and sewer service to guide the extension of lines in accordance with joint land use plans and water/sewer service boundary agreements. B. Service Capability/Capacity/Extension Policies 1. A water or sewer system built or extended within a Transition area as defined in the Land Use Element of the Orange County Comprehensive Plan shall be designed, sized, and constructed to the standards of the probable future public utility provider. The location and size of utility easements shall be approved by and dedicated in the form of a deed of easement to the probable future public utility provider. 2 . A development project to be served by a public or private water or sewer system must be assured of installation of such service at the time it is approved. "Assured of installation" shall mean that the municipality, private association or water or sewer authority to whose system the development project is to be connected has reviewed and approved preliminary plans for proposed water and sewer lines, the adequacy of the existing system(s) to which the connection(s) will be made, the capacity of existing water and, sewer treatment facilities, the carrying capacity of the discharge stream or discharge point, and the method of funding proposed extensions of water and sewer lines. The approval by the municipality, private association, or water or sewer authority shall contain a certification that service to the -6- development 18 P project is authorized by any water management plan and discharge permit in effect at the time of approval. Following review and approval of preliminary plans as described above, the board of directors or governing board of the municipality, association or authority must have approved, through formal resolution or other agreement, the provision of water and/or sewer service to the development project. 3 . Outside of Transition Areas, extensions of water or sewer systems will only occur to provide service to an essential public facility, such as a school, or to remedy a public health emergency not otherwise correctable, such as a failing septic tank or failing package treatment plant. Generally, system extensions into areas outside of Transition Areas shall be sized according to the policies of the utility providing the water or sewer service. However, system extensions into and within the Rural Buffer and Water Quality Critical Areas shall be sized to address only the concern for which the systems are extended. Valid written water and/or sewer service agreements for locations in the Rural Buffer and Water Quality Critical Areas which were valid prior to April 3 , 1989, and in which a municipality (including Orange County) or a water/sewer authority is a party and is the water/sewer provider may be carried out to the level of service for which the agreements were originally written. However, the water and/or sewer service established by such an agreement shall be extended only for uses and densities • permitted by the Orange County Zoning Ordinance. 4 . Development projects outside the Rural Buffer portion of the Joint Planning Area and outside a Water Quality Critical Area may access water or sewer service when existing water or sewer service is contiguous to the site. However, any such development project will only be approved at densities permitted by the Orange County Zoning Atlas and consistent with the Land Use Element of the Comprehensive Plan. "Development project" refers to any place of residence, business, industry, or assembly, and any major or minor subdivision, special use or planned development which requires the approval of Orange County through administration and enforcement of the N.C. State Building Code or its Zoning and Subdivision Regulations. -7- i7 19 Excerpt from 11/23/92 Public Hearing minutes . 1 that is not available \ to them it would be imp'Dssibie to develop at the suggested density . _ - - 4 BOBBY NICHOLS commented that options 1 through 4 would not preserve farr 5 land . He spoke in support of the Planned Development and Existing Lots o1 3 Record options . He stated that we need to concentrate on running water anc 7 sewer lines . 3 9 LIBBY SEARLES spoke in opposition to golf courses being considered oper D space . She opposed the Planned Development option . MARGARET McKEAN spoke in opposition to the one-half acre open space 3 development and the Planned Community. 4 5 PHILIP PRICE spoke in opposition to the one-half acre open space 5 development and the Planned Community . 7 3 ANN MOSS JOYNER indicated that she has been involved in this process 3 since its inception . She commented that many of the options will not bE 0 economically viable . She suggested approving the intent of the plan whilE 1 reworking the figures so that they will be economically feasible . She askec 2 that clustering be allowed . , J 4 MARK O'NEAL , the development liaison with the RCSC , indicated that this 5 plan is a compromise within a framework that will be effective for the 3 County . The question that needs to be asked is "where do we want the people 7 to live?" 3 Letters from the following citizens opposing the Planned Development options were received : ( 1 ) Elizabeth L . Woodman , ( 2 ) J . Edwin Xing , ( 3 ; 1 Alice Carlton , (4) Carolyn F. McCain, President Stoneridge-Sedgefielc • Property Owners Assoc . , and ( 5 ) Betty D. & Rudy A. Renfer . A telephonE 3 message from Susan Nickell opposing the Planned Development is in thE • Permanent Agenda File . 5 3 Printed 'material addressing the issues of pesticide use on golf courses is in the permanent agenda file in the Clerk ' s office . 3 A motion was made by Commissioner Willhoit , seconded by Commissioner D Halkiotis , to refer the proposal to the Rural Character Study Committee for 1 final adjustments on December 3 , and that the proposal then be referred tc • the Orange County Planning Board for a recommendation to be returned nc sooner than January 4 , 1993 . ▪ VOTE : UNANIMOUS 5 ; 0 2 . COMPREHENSIVE PLAN AMENDMENTS a. CP-2-92 Proposed Open Space Development Area Land Use Plar Category This item was presented by Marvin Collins to receive citizer comments on a proposed text amendment to the Land Use Element of thE 20 1 Comprehensive Plan. The proposal would add language to include a new pla 2 category entitled "Open Space Development Area" . 3 The Land Use Element of the Comprehensive Plan was adopted in 1981 a 4 the Orange County Land Use Plan . In 1989 , the Board of Commissioner 3 recognized the County ' s planning policy documents under the guise c Comprehensive Plan , and the Land Use Plan became the Land Use Element. of 7 The Land Use Element is a y polic document which guides decision-making 3 on land use related issues. As such , the Element contains a number of lanc 3 use categories which reflect these goals and policies , and correspond tc 0 zoning districts containing development standards . There are currently 1 ; 1 land use categories . The proposed "Open Space ,Development Area" category would address 3 innovative open space development styles and their evaluation/applicatior 4 under the existing County plan . The amendment is also designed to address 5 concerns regarding the consistency between the Hillsborough-Orange Count, 3 Cooperative Planning Agreement and the Comprehensive Plan . 7 3 QUESTIONS AND/OR COMMENTS FROM THE BOARD OF COMMISSIONERS AND PLANNING BOAR: 3 COMMISSIONER GORDON asked if this 1 Hillsborough for their review? Marvin Collins pindicated hat would lnotobe tE 2 normal part of this procedure but it could be 3 Commissioner Gordon asked that they have an opportunity given to them for review , 4 also suggested that the RCSC review the citizen commentsoandvseparate the 3 strategies into rural and urban . 3 7 COMMISSIONER INSKO asked that the Planning Board take citizen comments 3 into consideration in their recommendation . 3 3 QUESTIONS AND COMMENTS FROM CITIZENS : None - , 2 3 A motion was made by Commissioner Wilihoit, seconded .by Commissioner 4 Halkiotis , to adjourn the public hearing until 7 : 30 on January 4 , 1993 at the 3 County Courthouse, Hillsborough, N . C . , to receive the Planning Board ' s 3 recommendation . 7 VOTE : UNANIMOUS 3 7 3 . ZONING ATLAS AMENDMENTS 3 a. Z-4-92 .Hancor, Incorporated This item was presented by Mary Willis to consider a proposed 3 zoning atlas amendment. Hancor is a plastic pipe manufacturing facility located on the south side of Highway 70 between Efland and Mebane . The 4 Hancor property contains 15 . 9 acres , extending from Highway 70 to the 5 Southern Railroad at a depth of about 1100 feet. The existing structures , 3 which include a 9000 square foot manufacturing building and several metal buildings , are all located on the southernmost 150 ' of the property , adjacent to the railroad . Most of the remainder of the property is used for storage 3 of manufactured materials prior to shipping . Surrounding land uses include undeveloped proberty to the north , a 9 acre residential lot to the east , additional Hancor property to the south , and the Orange-Alamance Water System to the west. Except for the I- 1 Lignt 21 VOTE: Unanimous . 1-;1\ I' b. Comprehensive Plan Amendment ( 1 ) CP-2-92 Proposed Open Space Development Area Land Use Plan Category Presentation Joy Marvin Collins . The proposed "Open Space Development Area" category was presented at public hearing in November. Given the fact that the University Station applicants have formally withdrawn their proposal to amend the Land Use Element of the Comprehensive Plan, the need to enact such a land use plan category at this time is questionable. An alternate approach would be to table the proposal at this time and consider it within the context of the Hillsborough Cooperative Planning Area Land Use Plan. Provided the preparation of that Plan continues on schedule, it will be presented for citizen comment at the quarterly public hearing in May, 1993 . The Planning Staff recommends that the proposed amendment be tabled. Eidenier stated that she felt it would be better to refer this to the CPZ Study Group rather than . tabling. Collins expressed agreement. Burklin expressed concern that it seemed the work of the CPZ group had stopped. Collins , responded that the Clerk to the Board of Commissioners will be attempting to set up a meeting between the two governing boards within the next two weeks . Collins continued that he had asked Staff to wait until that meeting occurs to get a clear direction. Once that occurs, Collins indicated Staff would be ready to move ahead with the Plan. MOTION: Gray moved to accept the Planning Staff recommendation to table. Seconded by Burklin. VOTE: 7 in favor. 1 opposed (Eidenier - felt it should be referred to the CPZ work group) .