HomeMy WebLinkAboutAgenda - 12-14-2004-6bORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: December 14, 2004
Action Agen a //
Item No. -b
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):
A Resolution Establishing the Intent of
Durham County, Durham City, and
Orange County To Cooperate with
Regard to Planning Decisions in
Certain Defined Areas with Map
Project Review Form
INFORMATION CONTACT:
Craig Benedict, ext, 2592
Tom Altieri, ext. 2579
Karen Lincoln, ext. 2594
TELEPHONE NUMBERS:
Hillsborough
Chapel Hill
Durham
Mebane
732-8181
968-4501
688-7331
336-227-2031
PURPOSE: To consider a resoluticn establishing the intent of Durham County, Durham City,
and Orange County to cooperate with regard to planning issues in certain defined areas.
BACKGROUND: This past .June, 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 areas of
their jurisdictions and provide written comments. Attachment 2 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 fanvard 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 Board voted to bring the resolution back on the consent agenda with changes to include a
minimal 45-day review time frame.
In subsequent meetings with staff from the Durham Joint City-County Planning Department,
Orange County staff discussed revising the draft agreement to incorporate a minimum 45-day
time frame for reviewing applications, Durham staff recently provided the following explanation
as to feasibility of the 45-day review time frame:
Significant departures from Durham's long standing procedures were not
discussed as a part ofAgreement's approval, On the contrary, consistent
with prior Governing Body direction, the agreement provides far coordination
in review procedures so long as such coordination does not have an effect on
previously established schedules, Durham's adopted review schedules call
fora 21 day initial review period, Following this review time, comments
are then sent to the applicant. Any subsequent interaction with the
applicant is spent evaluating the applicant's response to these staff
comments, The time is not devoted to the initiation of new reviews. With the
implementation of the Durham -Orange Agreement, Durham intends to add
Orange County's comments to the comments that Durham sends to the applicant
upon completion of the initial review.
The Durham City Council, on November 15, 2004, and the Durham Board of 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",
FINANCIAL IMPACT: The financial impact associated with this decision will be additional staff
review time,
RECOMMENDATION(S): The Manager recommends that the Board approve the agreement
and authorize the Chair to sign pending any final review by staff and the County Attorney.
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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 tluee 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 three 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, all three governing bodies acknowledge the urbanization potential of properties
near 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 azise 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 three
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 permits, subdivisions, site plans, and annexations
proposed for land within the .Joint Review Area neaz the Orange/Durham County
Line, as shown in Attaclunent A.
2) A. The administrative staffs of each jurisdiction shall pursue cooperative efforts to:
I. Coordinate firture 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 .foint Review Area;
3. Create a conceptual utility master plan for the Orange County portion of the
Joint Review Area; and
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4. Provide enhanced annexation notification procedures when the city annexes
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 an 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, 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
Clerk, City of Durham
Date:
City Seal:
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Adopted by the County of Durham:
Ellen W. Reckhow, Chair
Durham Board of County Commissioners
Board Clerk, Durhani County
Date:
County Seal:
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Cooperative Courtesy Review Area
® Cooperative Courtesy Review Area
." Rural Buffer
GIS map prepared by Mlrlam Coleman, Orange County Planning Department, October 21, 2004
Attachment 2
INTERGOVERNMENTAL PROJECT REVIEW FORM
Date Submitted
Notification Deadline
A. GENERAL INFORMATION
t) Jurisdiction
3) Contact Person
4) Addess
2) Annexation
Proposed Yes: No:
5) Phone Number
6) Email Address
7) Description of
Proposal
8) Location
9) Zoning 10) Minimum Lot Size
11) Total Acreage 12) Average Lot Size
B, APPROVAL PROCESS
i) Approval By
2) Summary of
Process
C. TRANSPORTATION ISSUES
1) Right-of-way width
2) Connectivity Issues
3) Pedestrian/Bike
Improvements
4) Traffic Impact 5) Comments
Study Yes No
6) Public Transportation
Opportunities
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Attachment 2
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
3) Private
7) Private
7) Floodplain
10) Cape Fear Basin
13) Impervious Allowed
8) Ponds
4) Community
8) Community
F. PUBLIC SERVICE PROVISIONS
i) School i) Orange
District: County
3) Elementary
6) Fire District
8) Police Protection (town/county)
G. LAND USE ISSUES
1) Surrounding Land Uses _
2) Durham Public
Schools
4) Middle 5) High
7) Distance to Station
2) Economic Development Potential
3) Comments:
Yes:
No:
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Attaclunent 2
H. ADDITIONAL COMMENTS
Joint Meeting Requested Yes No