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HomeMy WebLinkAboutAgenda 05-24-22; 8-h - Re-affirm Acceptance of Planning Jurisdiction Over Two Parcels from the Town of Chapel Hill to Orange County 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: May 24, 2022 Action Agenda Item No. 8-h SUBJECT: Re-affirm Acceptance of Planning Jurisdiction Over Two Parcels from the Town of Chapel Hill to Orange County DEPARTMENT: Planning & Inspections ATTACHMENT(S): INFORMATION CONTACT: Resolution to Accept Planning Jurisdiction Perdita Holtz, Special Projects & GIS Supervisor, (919) 245-2578 PURPOSE: To re-affirm, by adoption of a Resolution, previous action taken by the Board of County Commissioners on March 1, 2022 to accept planning jurisdiction over two parcels from the Town of Chapel Hill. BACKGROUND: On March 1, 2022 the Board of County Commissioners (BOCC)voted to accept planning jurisdiction over two parcels from the Town of Chapel Hill. Meeting materials, including the petition, maps of the parcels, and other information can be viewed at: http://server3.co.orange.nc.us:8088/WebLink/0/doc/66941/Pagel.aspx. In order to ensure that the requirements of North Carolina General Statutes (NCGS) 160D-203 are followed, staff is recommending that the BOCC adopt the attached Resolution so that it can be recorded with the Register of Deeds within 14 days of adoption. The required process was not adhered to earlier this year. FINANCIAL IMPACT: There is no financial impact associated with accepting the assignment of planning jurisdiction. If a development proposal is subsequently submitted, existing Orange County Planning staff will review the proposal for compliance with applicable development regulations and fees would be charged in accordance with the adopted fee schedule. SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goal is applicable to this item: • GOAL: ESTABLISH SUSTAINABLE AND EQUITABLE LAND-USE AND ENVIRONMENTAL POLICIES The fair treatment and meaningful involvement of people of all races, cultures, incomes and educational levels with respect to the development and enforcement of environmental 2 laws, regulations, policies, and decisions. Fair treatment means that no group of people should bear a disproportionate share of the negative environmental consequences resulting from industrial, governmental and commercial operations or policies. 2 ENVIRONMENTAL IMPACT: There are no Orange County Environmental Responsibility Goals applicable to this item. RECOMMENDATION(S): The Manager recommends the Board re-affirm its previous March 1, 2022 action by adopting and authorizing the Chair to sign the attached Resolution. 3 RES-2022-027 RESOLUTION OF THE ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS A RESOLUTION ACCEPTING THE ASSIGNMENT OF THE EXCLUSIVE PLANNING AND DEVELOPMENT REGULATION JURISDICTION OVER TWO PARCELS FROM THE TOWN OF CHAPEL HILL WHEREAS, on November 17, 2021, Paul Dubbeling on behalf of Mendall, LLC petitioned the Town of Chapel Hill Council to assign planning and development regulation jurisdiction over two parcels to Orange County; and WHEREAS, recent changes to the North Carolina General Statutes 160D-203, allows that when a parcel lies within the planning and development jurisdictions of more than one local government, those governments may agree to assign that parcel to the exclusive jurisdiction of one of them; and WHEREAS, the assignment of jurisdictional review as per 160D-203 does not change the jurisdictional boundaries; and WHEREAS, the petitioner represents the owner of two parcels that straddle the jurisdiction limits of the Town of Chapel Hill and Orange County; and WHEREAS, the petitioner requests that Orange County accept the exclusive planning and development regulation jurisdiction for parcels identified as Parcel Identifier Numbers (PIN) 9787-32-6186 and 9787-42-0000; and WHEREAS, the property owner has consented in writing to this assignment; and WHEREAS, the Town of Chapel Hill adopted Resolution 2022-01-12/R-2 to assign exclusive planning and development regulation jurisdiction to Orange County; and WHEREAS, the property owner has expressed interest in pursuing a subdivision under Orange County's regulations; NOW, THEREFORE, BE IT RESOLVED by the Orange County Board of Commissioners that Orange County accepts the exclusive planning and development regulation jurisdiction for PINs 9787-32-6186 and 9787-42-0000 from the Town of Chapel Hill. Adopted by the Orange County Board of Commissioners this 24' day of May, 2022. By: Attest: Renee Price, Chair Laura Jensen, Clerk to the Board Orange County Board of Commissioners [SEAL]