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HomeMy WebLinkAboutAgenda - 02-15-2005-5iORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: February 15, 2005 Action Agenda Item No. 5-; SUBJECT: A Resolution Establishing the Intent of Durham County, Durham City, and Orange County To Cooperate With Regard To Planning Issues in Certain Defined Areas DEPARTMENT: Planning & Inspections PUBLIC HEARING: (Y/N) No ATTACHMENT(S): 1. A Resolution Establishing the Intent of Durham County, Durham City, and Orange County to Cooperate with Regard to Planning Decisions in Certain Defined Areas 2. January 7 Letter from Moses Carey 3, January 18 Letter from Ellen Reckhow 4, Project Review Farm 5, Schedule for 21-Day Comment Period INFORMATION CONTACT: Craig Benedict, ext. 2592 Dianne Reid, ext, 2326 Karen Lincoln, ext. 2594 TELEPHONE NUMBERS: Hillsborough 732-8181 Chapel Hill 968-4501 Durham 688-7331 Mebane 336-227-2031 PURPOSE: Ta consider a Resolution Establishing the Intent of Durham County, Durham Gity, and Orange County to Cooperate with Regard to Planning Issues in Certain Defined Areas (Attachment 1). BACKGROUND: As follow-up to the Orange County BOCG discussion on December 14, 2004, the Chair wrote the Mayor of Durham and Chair of the Durham County Board of Commissioners requesting clarification an the issue of 21 days versus 45 days for review (Attachment 2). The Chair of the Durham County BOCC responded in a January 18 letter (Attachment 3) that 21 days was consistent with the timeframe contained in existing agreements with Cary, Chapel Hill, Morrisville, Raleigh, and Wake County, The letter also emphasized that it was not anticipated that all site plans and plats would come before the governing board, with some requiring only administrative approval by the Planning Department, For items requiring governing body approval such as plan amendments, re-zonings, use permits, and major site plans, the time frame was longer and Orange County would have additional time for review (although a maximum time was not specified). As backgrcund to the above, in .June 2004, planning staff presented a proposal to establish a courtesy review process and agreement with the City of Durham and Durham County for an area of mutual interest in the I-85/US 70 corridor.. Courtesy Review is a process where the respective Planning Staffs share development proposals taking place within certain designated 2 areas of their jurisdictions and provide written comments, Attachment 4 provides an example of standard comment subject areas. The courtesy review agreement would provide an opportunity for Orange County planning staff to review and comment on development proposals within the Joint Review Area in Durham County, and forward any major development applications (rezoning requests, major subdivisions, major Special Use Permits, major site plans) and annexation proposals to the Board of Commissioners for its comments, Items proposed for inclusion in the review process include: 1. coordination of future land use plans and development of comparable zoning districts and design standards; 2, review and comment on development proposals; 3. creation of a conceptual utility master plan for the Orange County portion of the area; and 4, enhanced annexation notification procedures when the City annexes into Orange County. The BOCC voted to bring the resolution back on the consent agenda with changes to include a minimal 45-day review time frame, Orange County Staff discussed revising the draft agreement to incorporate a minimum 45-day time frame far reviewing applications with Staff from the Durham .Joint City-County Planning Department, Durham staff responded that consistent with prior Governing Body direction, the agreement provided for coordination in review procedures so long as it did not have an effect on previously established schedules (21 days in this case), The Durham City Council, on November 15, 2004, and the Board of Durham County Commissioners, on November 22, 2004, endorsed A Resolution Establishing The Intent Of Durham County, Durham City, And Orange County To Cooperate With Regard To Planning Issues In Certain Defined Areas that contains language to "coordinate with each other on a timely basis within the current framework and schedule of the local development review process". It should also be noted that Orange Count Planning and Economic Development staff plan to begin discussions with City of Durham regarding the land use and master utility plans for the Orange County Economic Development District. focal property owners have expressed interest in this effort. FINANCIAL IMPACT: The financial impact associated with this decision will be additional staff review time of proposals in Durham and transmitting and processing of information to interested County commissions, boards and departments, Presently, current planning staff can accommodate this additional workload, Attachment 5 proposes a schedule for accomplishing courtesy review within 21 days. RECOMMENDATION(S): The Manager recommends that the Board adopt the attached resolution. Attachment 1 DRAFT A RESOLUTION ESTABLISHING THE INTENT OF DURHAM COUNTY, DURHAM CITY, AND ORANGE COUNTY TO COOPERATE WITH REGARD TO PLANNING ISSUES IN CERTAIN DEFINED AREAS WHEREAS, the governing bodies of Durham County, NC; the City of Durham, NC; and Orange County, NC desire to foster good relations; and WHEREAS, all three governing bodies and their staffs wish to engage in a process of mutual dialogue to obtain a better understanding of the needs and goals of each community; and WHEREAS, all tluee governing bodies seek to have appropriately planned development for their respective areas; and WHEREAS, all three governing bodies currently carry out established public review processes on planning activities that provide an opportunity for public review and comment from citizens as well as from other,jurisdictions; and WHEREAS, al] three governing bodies acknowledge the urbanization potential of properties neaz the Orange/Durham County line in the vicinity of I-85/US70 and consequently the need to coordinate land use and transportation, development, and service delivery issues that arise in this general vicinity; and WHEREAS, cooperation amongst neighboring,jurisdictions will foster and maintain a system of sound land use planning and regulation which can be relied upon by the public and private owners of land as a basis for investment decisions, the protection of the environment, and a climate conducive to the healthy economic and social growth and development of the tluee ,jurisdictions; NOW, THEREFORE BE IT RESOLVED that 1) The administrative staffs of each,jurisdiction shall coordinate with each other on a timely basis within the current framework and schedule of the local development review process, in order to provide an opportunity for review and comment on rezoning requests, special use pern~its, subdivisions, site plans, and azmexations proposed for land within the .Joint Review Area near the Orange/Durham County Line, as shown in Attaclnnent A, 2) A. The administrative staffs of each,jurisdiction shall pursue cooperative efforts to: 1, Coordinate future land use plans and develop comparable zoning districts with design standards to implement the general intent of the land use plans; 2, Provide an opportunity for review and comment on a timely basis and within the established project schedules for land within the .Joint Review Area; 3. Create a conceph~al utility master plan for the Orange County portion of the .Joint Review Area; and 4 4 Provide enhanced amrexation notification procedures when the city amiexes into Orange County. 2) B. The objectives of this cooperation are to: 1. Seek compatible uses of land and natural resources; 2. Achieve a smooth transition between areas of development within each ,jurisdiction; 3. Provide arr appropriate entryway into each,jurisdiction from the other; and 4. Encourage orderly development and the efficient delivery of urban services, which will maintain and enhance property values in each jurisdiction. 3) This resolution shall be effective upon its adoption by all of the above jurisdictions; 4) Any signatory ,jurisdiction may rescind their agreement with this resolution by subsequent resolution of its governing Board.. Adopted by Orange County: Moses Carey, Jr., Chair Orange County Board of Commissioners Date: Donna Baker County Seal: Clerk to the Orange County Board of Commissioners Adopted by the City of Durham: William V. Bell, Mayor City of Durham Date: Clerk, City of Durham City Seal: Adopted by the County of Durham: Ellen W. Reclchow, Chair Durham Board of County Commissioners Board Clerk, Durham Cowrty Date: County Seal: 6 Cooperative Courtesy Review Area GIS map prepared by Miriam Coleman, Orange County Planning Department, October 27, 200d !-III~G~Yren~ MOSES CAAEY, .1R, CHAIR ORANGE COUNTY BOARD OF COMMISSIONERS BARAY JAGOBS, VIDE CHAIR ppST OFFICE BOX 81 8 ~ VAfFRIE P. FOUSHEE 9UGEM GOADON 200 SOUTH CAMERON STREET YAHEN H. HADOOT/S HILLSBOROUGH, NORTH CAROLINA 27278 January 7, 2004 William Bell, Mayor of Durham 101 City Hall Plaza Durham, N.C. 27701 Ellen Reckhow, Chair, Durham County Board of Commissioners Durham County Administrative Complex 200 East Main Street Durham, N.C, 27701 Dear Maypf'Bell and C~afr Reckhow, ®~n~aC 1 Ea4,? ~'/ it s_ a ~~"~h ~uti°~`c I am writing you in follow-up to my recent telephone contact with each of you regazding the proposed Durham City/Durham County/Orange County Courtesy Review agreement, The Orange County Boazd of Commissioners discussed this item at its December 14, 2004 regular meeting, and the Board was informed at that time by staff that both the City of Durham and Durham County had declined Orange County's proposal for a 45-day courtesy review period. Based on discussions between Orange County staff and Durham's,joint city-county planning staff, it is our understanding that Durham did not want to extend the review period for any time longer than would be necessary under your current development review period, which we understand is 21 days. I would like to request some further feedback from you on this issue, Our Commissioners asked if your boazds had specifically discussed the issue of the 21-day versus 45-day courtesy review period, We were not certain whether the 21-day period had been a staff formulation or if it had been reviewed and discussed by the governing boazds. We would also like to receive comments from you on how you perceive a 21-day review period would work logistically, Orange County has a similar courtesy review agreement arrangement with the Town of Hillsborough, and with the elected boazds' meeting schedules and deadlines for agenda packages completion, we have found it very difficult to review projects, formulate our comments, and finalize them for submission to Hillsborough. We are concerned that incorporating a 21-day period into this proposed agreement would create similar practical difficulties. WIMN CO.ORANGE. NC. US PROTECTING AND PRESERVING -PEOPLE, RESOURCES, QUALITY OF LIFE ORANGE COUNTY, NDRTH CAROLINA -YOU COUNT.I (91.9) 245-2 >.:30 • FAX (979) 644-0246 Januazy 7, 2004 Page 2 In closing, Orange County appreciates you and your staff's efforts to help coordinate our activities and actions as they relate to growth and development. We look forwazd to hearing your thoughts and to moving forward in this cooperative effort. If we can provide any additional information, please feel free to contact me at your earliest convenience. Sincerely, ~~~~ oses Carey, Jr., Chair Orange County Board of Commissioners 0 cc: Orange County Boazd of Commissioners John Link, Orange County Manager Ellen W Reckhow Chuirrnnn I I Pine Top Place Durham, NC 27705 Email: ereckhow@aol cum Becky M. Heron Uce-Chairman 4425 Kerley Road Durham, NC 27705 Email: bmheron@codurhamnc,us January 18, 2005 COUNTY OF DURHAM BOARD OF COMMISSIONERS The Honorable. Moses Carey, Jr. Chair Orange County Board of Commissioners P.O. Box 8181 200 South Hillsborough Street Iiillshoroug~h,~~N~C X27278 Dear Con ~,~ n r Carey: Lewis A. Cheek 5105 Copper Ridge Drive, ;k308 Durham, NC 27707 Email: Icheek@co. dmham. naus Philip R. Cousin Jr 509 Wellingham Drive Durham, NC 2771.3-7501 Emait: prcousin@ear[hlinknet Michael D. Page 702 Basi] Drive Durham, NC 2771.3 Email: mpage@codurham nc us RE: Durham/Durham County/Orange County Courtesy Review Agreement I am in receipt of your letter of January 7, 2005 questioning the timeframe for the review agreement that Durham and Durham County each approved to ensure that we are sharing information with Orange County in the area along I-85 which is of mutual interest. You are correct that the timeframe established in the agreement as approved by Durham and Durham County was 21 days rather than the 45 days that Orange County staff proposed, The issue of the timeframe that would be considered for these agreements was first raised when we entered into a similar agreement with Raleigh and Wake County. At that time, the City was adamant that they would only enter into such agreements if they did not extend the review period at all. This reflected numerous complaints from the development community that Durham's processes were signincantiy longer than the processes in any other community in the Triangle. Accordingly, Durham's City-County Planning Department was directed to ensure that, in any courtesy review agreements, the time period for comments from sunounding .jurisdictions was received in the same timeframe that comments from other agencies was required - 21 days. This time period is reflected in the agreements with Cary, Chapel Hill, Mosisville, Raleigh, and Wake County. It reflects a fundamental Smart Growth principle, certainty in the process, ensuring developers that they will receive comments in a timely fashion so that they may modify plans to address concerns in an expeditious fashion. J Durham County Administrative Complex, 200E Main Street, Durham, N.C. 27701 (919) 560-0027 Fax (919) 560-0013 Equal Employment/A,~nrmtireAction Emp(oyeri~ebsite~ http.//unmrco.dt~rrhatn..naus/ During the discussions with Orange County staff, Durham staff repeatedly acknowledged r 0 the timing issue that the City had directed them to incorporate in any of these agreements, Orange County staff indicated that they understood this requirement. Durham staff acknowledged the requested different timeframe requested by Orange County in presentations to Durham's Joint City-County Planning Committee and both the City and County elected boards, as well as in the agenda materials associated with the agreement. Based on past direction and our existing agreements with other,jurisdictions, we maintained the 21 day timeframe that has been committed to our development community. Irr setting these timeframes, we have never assumed that every site plan or plat would be presented to elected officials. The agreement that we approved, just as our agreements with other jurisdictions, covers all development proposals within the area that would require an apl;roval t',uough the Planning Department. This would include miner cite plans that are approved by staff as well as snore substantive proposals that w°ould have to go before a governing body, Those items that would go before a governing body (plan amendments, rezonings, use permits, and major site plans) would require a longer timeframe before the item could get on a City or County agenda; for those items, Orange County would be able to take advantage of the longer timeframe required for our respective agenda processes to give the Board of Commissioners an opportunity to formalize comments that would go back to the other governing body. On those cases where the issues are purely administrative (addressing technical compliance with ordinances), however, we do not anticipate that the item would require review by an elected body in which case we do not see that the 21 day review period should be an issue. We continue to want to coordinate our planning efforts in this corridor that is important to all of our ,jurisdictions. Ihope that this letter helps explain the position taken by the City and County of Durham in approving the courtesy review agreement with the timeframes that we did. Sincerely, tA~/ Y~~~u""v Ellen Reckhow, Chairman Durham County Board of Commissioners xc: William Bell, Mayor, City of Durham Durham County Board of Commissioners Mike Ruffin, Durham County Manager Frank Duke, Durham City-County Planning Director 11 Attaclunent 4 INTERGOVERNMENTAL PROJECT REVIEW FORM Date Submitted Notification Deadline A. GENERAL INFORMATION 1) Jurisdiction 3) Contact Person 4) Addess 2) Annexation Proposed Yes: No: 5) Phone Number 6) Email Address 7) Description of Proposal S) Location 9) Zoning 11) Total Acreage B. APPROVAL PROCESS 1) Approval By 2) Summary of Process 12) Average Lot Size C. TRANSPORTATION ISSUES t) Right-of-way width 2) Connectivity Issues 3) Pedestrian/Bike Improvements 4) Traffic Impact Study Yes No 10) Minimum Lot Size 6) Public Transportation Opportunities ~2 Attachment 4 Opportunities D, ENVIRONMENTAL ISSUES 1) Open Space Proposed Yes No 2) Acreage 3) Analysis/Comments 4) Water Features (check all that apply) 5) Wetlands 6) Streams 9) Neuse River Basin 11) Storm Water Management Plan 12) Impervious Proposed E. UTILITY PROVISIONS 1) Water: 2) Public 5) Sanitary System 6) Public F. PUBLIC SERVICE PROVISIONS 1) School 1) Orange District: County 3) Elementary 6) Fire District 8) Police Protection (town/county) G. LAND USE ISSUES 1) Surrounding Land Uses 2) Economic Development Potential 3) Comments: 7) Floodplain 10) Cape Fear Basin 8) Ponds 3) Private 13) Impervious Allowed 4) Community 7) Private 8) Community 2) Durham Public Schools 4) Middle 5) High 7) Distance to Station Yes: No: 13 Attachment 4 H. ADDITIONAL COMMENTS Joint Meeting Requested Yes No 14 Attachment 5 SCHEDULE OF ACTIVITIES FOR TWENTY-ONE (21) DAY COMMENT PERIOD DURHAM/ORANGE COOPERATIVE COURTESY REVIEW AREA DEVELOPMENT APPLICATION RECEIVED BY COURTESY REVIEW ASSOCIATE (CRA) CRA FORWARDS APPLICATION TO COUNTY WITHIN TWO (2) DAYS ORANGE COUNTY STAFF PREPARES PRELIMINARY COMMENTS WITHIN TEN (10) DAYS ORANGE COUNTY EMAILS PRELIMINARY COMMENTS & DEVELOPMENT SUMMARY TO CLERK WHO FORWARDS TO THE BOCC REQUESTING COMMENTS BOCC RESPONDS WITH COMMENTS TO ORANGE COUNTY STAFF/CLERK WITHIN SEVEN (7i DAYS BOCC MEMBERS HAVE NO COMMENTS WITHIN SEVEN (7) DAY REVIEW PERIOD ORANGE COUNTY STAFF & BOCC COMMENTS (IF ANY) FORWARDED TO CRA WITHIN TWO (2) DAYS TO BE INCLUDED IN APPLICATION PACKET TO DURHAM CITY/COUNTY BOARD