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Home My WebLink AboutAgenda - 10-09-2002 - C.2 • C ORANGE COUNTY BOARD OF COMMISSIONERS CARRBORO BOARD OF ALDERMEN CHAPEL MOLL TOWN COUNCIL JOINT PLANNING AREA PUBLIC HEARING AGENDA ITEM ABSTRACT Meeting Data: October 9, 2002 Action Agenda Item No. C.2 SUBJECT; Proposal to ExtendAnnexaton Time Limits an the Joint Planning Agreement DEPARTMENT: Planning and Inspec#ions PUBLIC HEARiNG: (Y/N) Yes ATTACHMENT(S): INFORMATION CONTACT: Joint Staff Memorandum Roger Waldon Roy Williford Craig Benedict TELEPHONE NUMBERS; Hillsborough 732-8181 Chapel HIII 968-2700 Durham $88-T331 Mebane (336)227-2031 PURPOSE: To receive public comment on a proposal to extend for 20 years the annexation time limits specified in the Joint Planning Agreement. BACKGROUND: On November 23 1987, the Orange County Board of Commissioners, the Carrboro Board of Aldermen, and the Chapel Hill Sown Council executed a landmark Joint Planning Agreemenf. The execution of this Agreement followed a decade of discussions about how to best flan for and menage growth in the areas immediately outside the municipal boundaries of chapel Hill and Carrboro. Authority to execute the agreement was achieved through passage of special enabling kgisItion by the North Carolina General Assembly. The Agreement has been amended four"time 5. The Joint Planning Agreement established s Rural Buffer as well as Transition Areas. As noted hi Article 3 of the Joint Planning Agreement, two key components to the Agreement are that neither Chapel Hill nor Carrboro may annex into the Rural Buffer, and that neither Chapel HI not Carrboro • may annex into the other's Transition area Since the Agreement was adopted in September 1987, Chapel WWII and Carrboro have adhered to these annexation prnvision& Outside of the annexation pFcviIUns of the Joint Planning Agreement, Chapel Hill and Carrboro entered into an annexation boundary agreement in June, 1995. This agreement adjusted the division line between the extraterritorial ju risdition between Chapel Hill and arrboro and established areas into which neither Town may annex, The agreement incorporates the Joint Planning Agreement provisions related to annexation as well. Beth towns have adhered to this agreement since he adoption in 1995, 0 0 8 . . The second sentence in Section 1.3.B of the Joint Planning Agreement states: "Subject to termination provisions of this Agreement, annexation provisions of this Agreement shall be valid for not more than 20 years and may be thereafter renewed."• The provI1ons will expire in July 2008 if they are not renewed. The Jolni Planning Agreement itself, however, is not tme-Iimited. According to Section 1.x,8, the Joint Planning Agreement itself "shill remain in effect until terminated by mutual agreement or by uri#hdramil of any party! The proposed amendment to the Joint Planning Agreement would extend the annexation provisiona of the Agreement 20 years beyond the initial expiratian date of these provisicns of 2006. A draft resolution authorizing the signing of an addendum to the Joint PIannng Agreement is attached to this memorandum. FINANCIAL IMPACT: None. • RECOMMENDATION(S): We recommend approval of the proposed addendum to the Joint Planning Agreement_ Following conclusion of the public hearing, the matter should be referred to the Planning Boards of the towns of Chapel Hill and Carrboro for a recommendation to the Chapel Hill Town Council and Carrboro Beard of Aldermen, respectively. Actcns by the Chapel Hill Town COlbi n 11 and Carbom Board of Aldermen should then be referred to the Orange County Planning Board for a recommendation to the Orange County Board of Commissioners. A proposed schedule follows: Chapel Hill '. ' November 19, 2002— F &ining Board Recommendation December 9, 2002 — Town Council Decision • • • Carrboro November 21* 2002 - Planning Board Recommendation January 21, 2003 - Board of Aldermen Decision OrneCountv February 6, 2003 - Planning Board Recommendation • February 16, 2003 - Coen#y Commissioners Decrsion • • • • 0 1 MEMORANDITM TO: Orange County Board of Commissioners Cbapel Hill'roman Council • Carrboro Board of Aldermen John n Link, Orange COMIty Manager er W. Calvin Horton, Chapel UM it L Town Manager . Robert Morgan, Carrboro o Town Manager FROM; Orange County Planning Staff Chapel Hill Plannhig Staff Curboro Planning Staff • DATE: October 9,2002 SUBJECT: PubIi i Hearing on Extension of J oinl Planning Agreement Provisions Related to Annexation The pose of this public hearing is to receive public comment o-n. a proposal, to extend for 20 yean the arra exa ion time limits specified in the Jomt P'cat Planning Agrcemeni1 Backgroun d On November 2, 1987, the Orange County Bow of Commissioners, the Carbon) Board of Aldermen, and the Chapel Hill Town Council executed gi.. 1 ark Joint Planning A regiment, Tb.e execution of this Agreement followed a decadc of discussions about how to best plan tor and manage growth in the areas inoniediately outside the municipal boundaries of Chapel Hill and . Carrboro. Authority to execute the the. agreement was achieved through passage of special enabling legislation by the North Carolina General Assembly. The Agreement has been amended four times. Disc ussien The Joint Planning Agreement established a Rural Buffer, as well as Transition Areas. As noted in Articic 3 of the Joint Planning Agreement., two key components to the Agreement are that neither Chapel Hill nor Carrboro may annex into the Rural al Buffer, and that neither Chapel Dill not Carrboro may annex into the other's Transition tea_ Since the Agreement was adapltd in September 1987, Chapel Hill and Calrborc have adhered to these annexation provisions. Outsido of the annexation provisions of tb.c Joint Planning Agreement, Chapel Hill and Carrboro entered into an annexation boundary agreement in June, 1995. This agreement adjusted the division line .between the extraterritorini jurisdiction been Chaipci Hill and Carrhoro and established aredS into which neither Town may annex. The agreement incorporates the Joint Planning event provisions related to vexation as well. Both towns have adhercd to this agreement since its adoption in 1995. 1 010 • Tic send sentence in Sevtion ] 3.B. of the Joint Planning Agreument 1te : "Subject to termination provisions of this Agrccracnt, annexation provisionz of this Agreement shall be valid for not more than 20 years and may be thereafter ren ed?1 These provisions will expire in July 2006 if they are not renewed. The Joint Planning Agreement itself, however, is not time-Emit . According to Section 1.3.E, the Joint Planning B ent itself "shall remain in cft et until t rminat d by mutual agreeni nt or by withdrawal Qf any party." The dosed amendment to the Joint Planning. Agreement would extend the .annexation provisions of the Agreement 20 years beyond the initial expiration date of these provisions of 2006, resolution authorizing the signing of an add to the Joint Planning Agreement is attached to this memorandum(see Attachment 1)+ This YOikt Flag Agreement amendment requires a joint public hearing of Orange County, Chap c1 Hill, and Carrboro followed by separate action of each governing board approving the addendum to the Joint Flaming e-ndmunt. . We believe that the Joint Planning Agreement has served_ the citizens of Ca rbom1 Chapel Hill, and Orange County well, and is a rnode1 for how coopprative planning can be achieved among neighboring jurLsdicTions1 As we approach the twentieth anniversary of the Agreement, we believe it is reasonable and desirable to extend the vexation provisions of the Agreement for another 20 yew. Recommendation We recoimed approval of the proposed addendum to the. Joint Planning Agreement. Following elusion of the public hearifig, the matter should be referred to the Planning Boards of the towns of Chapel Hill and Carrboro for a recommendation to the Chapel Hill Town Count and Carrboro Board of Aldermen, respectively. Actions by the Chapel Hill Town Council and hero Board of Alciamen should then be referred to tF D Orange County Planning Board for a recommendation to the gc County Board of Commissioners. A imposed sch u1 a follows: Cbae1 Hill ▪ I▪ sIovember 19, 2002—Planning Board Recommendation .Docernlier 9, 2002—Town Council Decision C arrboro • November 21, 2002—Nanning Boat Recommendation dation . Janus 21, 2003—Board_of Aldermen D ccision • Orange Cq.Wy • February , 2002—Planning Board Reconuriendation Februaly 18, 2002—County Commissioners Decision Attachment: . Resolution and Addcndum to Joint Pluming Agreement f, 0 ***SAMPLE DRAFT RESOLUTION *** A RESOLUTION AUTHORIZING ADDENDUM TO TEE JOINT PLANNING AGnErVIENT TO EXTEND TH E ANNEXATION PROVISIONS OF THE AGREEMENT ADDITIONAL TWENTY YEARS WHEREAS, Orange County, the Tom of Chapel. Hill, and the Tom of Carrboro entered into a Joint Planning Agent, dated September 22. 19E7, as amen; mici WHEREAS, Carrboro, Chapel Hill, and Orange County have workcd cooperatively since the . adoption of the Joint Planning Agreement on matters r t 1 to annexation., ME specified_ in the Agreement; NOW THEREFORE, BE IT RESOLVED that the [Board or Co:061] authorizes the [Chair or Mayorl to execute, on behalf of the FCounty or Town]. the addendum to the Joint Planning Agreement contained in Exhibit A to this resolution, thereby extending the annexation provisions of the Joint Planning Agrournent twenty years from the date of the execution ofthe addendum. This resolution shall become effective upon adoption by the governing bodies of Orar.ige Counw, Chapel Hill and C actor°, This the _th day of _. r • 3 • . 012 2 • EXHIBIT BIT A • ADDENDUM#1 TO THE JOINT PLAIANNING AGREEMENT AMONG ORANGE couny,CHAPEL J FL HIDE AND CARRHORO , Orange County, the Town of Chapel Hill, and thc Town of CatTboro entemi into a Joint Planning Agreement* dated September 22, 1987, ag vended; and WHEREAS, Carrhoro, Chapel Hill, and Orange County have worked worked_coopurativcly since the adoption of the Joint Planning Agreement on matters related to annexation, as spccificd in the Agrectridat; . WHEREAS, Section 1.3.B of the Joint Planning g ement provides kir the renewal of the annexation provi Ei om of the Agreement for a period of tot more than 20 years; NOW Carrboro, Chapel IIi11 and Orange County'hereby mutually agree as follows: 1. Section 3.1 (No Annexation Into Rural Buffer) of the Joint Planning Agreement shall be renewed for a twcnty ycar period from the date of executian of this Addendum. 2. Section 3.2 (No Annexation by One Town Into Another Town's Transition Area) of the point Planning e t shall be renewed for a twenty year period from the date of exieculion of this Addendum. This Add entered into this day of , 200 , • Chi, age County Board of Commissioners tt: - Clerk to the Board of Commissioners Mayor,ror Town of Clap& Hill Attest: IYMATII Clerk . Mayor, Town of Carrboro Attest: . . Town Clerk