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HomeMy WebLinkAboutAgenda - 03-19-2002 - 9d 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: March 19, 2002 Action Agenda Item No. - SUBJECT: Legal Advertisement for Joint Planning Public Hearin —April 17, 2002 DEPARTMENT: Planning & Inspections PUBLIC HEARING: (Y/N) No ATTACHMENT(S): INFORMATION CONTACT: • Proposed Legal Advertisement Craig Benedict, ext. 2592 • Proposed Public Hearing Abstract and Gene Bell, ext. 2589 Attachments TELEPHONE NUMBERS: Hillsborough 732-8181 Chapel Hill 968-4501 Durham 688-7331 Mebane 336-227-2031 PURPOSE: To consider the legal advertisement for items to be presented at the Joint Planning Area public hearing scheduled for April 17, 2002. BACKGROUND: The Board of County Commissioners reviews proposals to be considered at public hearing for consistency with general County policy and presentation format. The following items are proposed for consideration at the April 17, 2002 Joint Planning Area public hearing: A. Joint Planning Agreement Amendment Purpose: To receive public comment on a proposed amendment to the Joint Planning Agreement to provide a linkage with the Water and Sewer Management, Planning and Boundary Agreement. Linkage of the two agreements is part of an overall strategy to align local government land use decisions with public water and sewer permitted areas. Accordingly, inconsistent requests for land use amendments by third persons seeking connection to public water and sewer systems would not be recommended for approval. This method is used in other areas around the country to ensure that local government utility plans and land use plans are not thwarted through demands by land owners and the development community that public water and sewer connections be made contrary to the planned service area of the utilities. The Water and Sewer Management, Planning and Boundary Agreement already contains a reference to the-Joint Planning Agreement in Section II.H. The proposed amendment incorporates the Water and Sewer Management, Planning_and Boundary Agreement into the Joint Planning Agreement thus formalizing its provisions as land use planning requirements that have the effect of law. 2 Following conclusion of the public hearing, the matter should be referred to the towns of Chapel Hill and Carrboro for decision and then to the Orange County Planning Board for a recommendation to the Orange County Board of Commissioners. A proposed schedule follows: Chapel Hill May 7, 2002 - Planning Board Recommendation May 27, 2002 - Town Council Decision Carrboro May 16, 2002 - Planning Board Recommendation June 4, 2002 - Board of Aldermen Decision Orange County June 4, 2002 - Planning Board Recommendation June 27, 2001 - County Commissioners Decision B. Non-Public Hearing Items 1. Joint Planning Agreement Timeline Requested by: Chapel Hill, Orange County, and Carrboro Purpose: To receive a report on time limits specified in the Joint Planning Agreement. The second sentence in Section 1.3.13. 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 thereafter be renewed." These provisions will expire in July 2006 if they are not renewed. 2. Schools Adequate Public Facilities Ordinance Requested by: Chapel Hill Purpose: To receive a report on the proposed implementation of the Schools Adequate Public Facilities Memorandum of Understanding and Schools Adequate Public Facilities Model Ordinance. 3. ' Land Use Element -Orange County Comprehensive Plan Requested by: Orange County Purpose: To receive a progress report on the preparation of a new Land Use Element of the Orange County Comprehensive Plan. To receive input from Chapel Hill and Carrboro through a suggested joint task force to review possible land use scenarios for the Rural Buffer. 4. Chapel Hill Comprehensive Plan Amendments for the Northwest Area Requested by: Chapel Hill Purpose: To receive a report on progress toward adoption by Orange County of the following amendments presented at the April 2001 Joint Planning Area Public Hearing: • Changing the designation of land south of Eubanks Road from "Open Space" to "Low Residential" • Changing the designation of land north of Eubanks Road, between the existing landfill and Millhouse Road, from "Mixed Use, Office Emphasis" to "Open Space" • Changing the designation of parcels between Millhouse Road and Interstate 40 from "Mixed Use, Office Emphasis" to "Rural Residential" o 3 FINANCIAL IMPACT: None. RECOMMENDATION: The Administration recommends approval of the Notice of Public Hearing for April 17, 2002. 4 NOTICE OF JOINT PLANNING PUBLIC HEARING Orange County Board of Commissioners Chapel Hill Town Council Carrboro Board of Aldermen A public hearing will be held in the Southern Human Services Center, 2501 Homestead Road, Chapel Hill, North Carolina on Wednesday, April 17, 2002 at 7:30 P.M. for the purpose of giving all interested citizens an opportunity to speak for or against the following items: A. Joint Planning Agreement Amendment Purpose: To receive public comment on a proposed amendment to the Joint Planning Agreement to provide a linkage with the Water and Sewer Management, Planning and Boundary Agreement. Linkage of the two agreements is part of an overall strategy to align local government land use decisions with public water and sewer permitted areas. Accordingly, inconsistent requests for land use amendments by third persons seeking connection to public water and sewer systems would not be recommended for approval. This method is used in other areas around the country to ensure that local government utility plans and land use plans are not thwarted through demands by land owners and the development community that public water and sewer connections be made contrary to the planned service area of the utilities. The Water and Sewer Management, Planning and Boundary Agreement already contains a reference to the Joint Planning Agreement in Section II.H. The proposed amendment incorporates the Water and Sewer Management, Planning and Boundary Agreement into the Joint Planning Agreement thus formalizing its provisions as land use planning requirements that have the effect of law. This amendment requires the approval of the Orange County Commissioners, Chapel Hill Town Council, and Carrboro Board of Aldermen. B. Non-Public Hearing Items 1. Joint Planning Agreement Timeline Purpose: To receive a report on time limits specified in the Joint Planning Agreement. 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 thereafter be renewed." These provisions will expire in July 2006 if they are not renewed. 2. Schools Adequate Public Facilities Ordinance Purpose: To receive a report on the proposed implementation of the Schools Adequate Public Facilities Memorandum of Understanding and Schools Adequate Public Facilities Model Ordinance. 5 3. Land Use Element - Orange County Comprehensive Plan Purpose: Purpose: To receive a progress report on the preparation of a new Land Use Element of the Orange County Comprehensive Plan. To receive input from Chapel Hill and Carrboro through a suggested joint task force to review possible land use scenarios for the Rural Buffer. 4. Chapel Hill Comprehensive Plan Amendments for the Northwest Area Purpose: To receive a report on progress toward adoption by Orange County of the following amendments presented at the April 2001 Joint Planning Area Public Hearing: • Changing the designation of land south of Eubanks Road from "Open Space" to "Low Residential' • Changing the designation of land north of Eubanks Road, between the existing landfill and Millhouse Road, from "Mixed Use, Office Emphasis" to "Open Space" • Changing the designation of parcels between Millhouse Road and Interstate 40 from "Mixed Use, Office Emphasis" to "Rural Residential" Questions regarding the proposals may also be directed to the Orange County Planning Department located in the Planning and Agricultural Center, 306F Revere Road, Hillsborough, North Carolina. Office hours are from 8:00 a.m. to 5:00 p.m. Monday through Friday. You may also call 245-2575 (Hillsborough), 688-7331 (Durham), 967- 9251 (Chapel Hill-Carrboro) or 227-2031 (Mebane/Graham). Please ask for extension 2575 or 2585. You will be directed to a staff member who will answer-your questions. PUBLISH: Chapel Hill Herald Chapel Hill News April 3, 2002 April 3, 2002 April 10, 2002 April 10, 2002 6 ORANGE COUNTY BOARD OF COMMISSIONERS CARRBORO BOARD OF ALDERMEN DRAFT . CHAPEL HILL TOWN COUNCIL JOINT PLANNING AREA PUBLIC HEARING AGENDA ITEM ABSTRACT Meeting Date: April 17. 2002 Action Agenda Item No. SUBJECT: Amendment to the Joint Planning Agreement to Reference the Water and Sewer Management, Planning and Boundary Agreement DEPARTMENT: Planning and Inspections PUBLIC HEARING: (YIN) Yes ATTACHMENT(S): INFORMATION CONTACT: Proposed Amendments to the Joint Planning Craig N. Benedict, ext. 2592 Agreement TELEPHONE NUMBERS: Hillsborough 732-8181 Chapel Hill 968-4501 Durham 688-7331 Mebane (336)227-2031 PURPOSE: To consider a proposed amendment to the Joint Planning Agreement to include, by reference, the Water and Sewer Management, Planning and Boundary Agreement. BACKGROUND: The Water and Sewer Management, Planning and Boundary Agreement was developed by a task force over a period of seven years. Task force membership included elected officials and staff from Orange County, Chapel Hill, Carrboro, Hillsborough, and OWASA. The Board of County Commissioners on December 3, 2001 adopted the agreement in its final form. Linking the Water and Sewer Management, Planning and Boundary Agreement with the Joint Planning Agreement was suggested as part of an overall strategy to ensure that the utility planning efforts of the public water and sewer utilities and the land use planning efforts of local governments are not thwarted through demands by land owners and the development community that public water and sewer connections be made contrary to the planned service area of the utilities. Proposed amendments include the addition of the word "LINKAGE" at the end of ARTICLE 1. PURPOSE, DEFINITIONS, EFFECTIVE DATE; the inclusion of a new Section 1.4 entitled "Linkage with the Water and Sewer Management, Planning and Boundary Agreement;" and the incorporation of Appendix A, the map entitled Water and Sewer Management Planning and Boundary Agreement, as Exhibit B to the Joint Planning Agreement. Proposed text amendments are depicted in bold underline in the attachment. FINANCIAL IMPACT: None. RECOMMENDATION(S): The Planning staffs of Orange County, Carrboro, and Chapel Hill recommend approval of the proposed amendments to the Joint Planning Agreement. Following conclusion of the public hearing, the matter should be referred to the towns of Chapel Hill and 7 Carrboro for decision and then to the Orange County Planning Board for a recommendation to the Orange County Board of Commissioners. A proposed schedule follows: Chapel Hill May 7, 2002 - Planning Board Recommendation May 27, 2002 - Town Council Decision Carrboro May 16, 2002 - Planning Board Recommendation June 4, 2002 - Board of Aldermen Decision Orange County June 4, 2002 - Planning Board Recommendation June 27, 2001 - County Commissioners Decision 8 September 22, 1987 Amended April 2, 1990 +� Amended September 30, 1998 Amended February 2, 1999 JOINT PLANNING AGREEMENT THIS AGREEMENT,made and entered into this 2nd day of November, 1987,by and between the COUNTY OF ORANGE, a political subdivision of the State of North Carolina,the TOWN OF CHAPEL HILL, and the TOWN OF CARRBORO, municipal corporations duly created and existing under the laws of North Carolina. WITNESSETH: In consideration of the public benefits expected to flow from the cooperative efforts of the parties in establishing a coordinated and comprehensive system of planning within their respective areas of public concern,the parties to this Agreement hereby mutually agree as follows: ARTICLE 1. PURPOSE,DEFINITIONS,EFFECTIVE DATE , LINKAGE Section 1.1 Purpose of the Agreement The purpose of this Agreement is to establish a method of coordinated and comprehensive planning in the Orange County-Chapel Hill-Carrboro Joint Planning Area, as defined herein. Section 1.2 Definitions A. Joint Planning Area. The area within the Rural Buffer and Transition Areas designated on the Joint Planning Area Land Use Map lying outside the extraterritorial planning jurisdiction of Chapel Hill and Carrboro. B. Joint Planning Area Land Use Plan. The Orange County-Chapel Hill- Carrboro Joint Planning Land Use Plan dated April, 1986, adopted by Orange 9 County August 19, 1986 (revised October 13, 1986), amended May 4, 1987 and as it may be amended from time to time. C. Joint Planning Area Land Use Map. The Orange County-Chapel Hill- Carrboro Joint Planning Area Land Use Map, adopted August 19, 1986 (revised October 13, 1986) and as it may be amended from time to time. D. Carrboro Joint Development Review Area(CJDA). The area lying generally west of a division of the Joint Planning Area and shown as such on the copy of the Joint Planning Area Land Use Map attached to this Agreement, labeled Exhibit A, and incorporated herein by reference. Exhibit A is appended to this Agreement solely for the purpose of indicating the CJDA and the CHJDA boundary. Exhibit A is an accurate copy of the Joint Planning Area Land Use Map as of the effective date of this agreement. However, it will only be changed as the Joint Planning Area Land Use Map is amended if the Map amendments change the location of either the CJDA or the CHJDA. E. Chapel Hill Joint Development Review Area(CHJDA). The area lying generally east of a division of the Joint Planning Area and shown as such on the copy of the Joint Planning Area Land Use Map attached to this Agreement, labeled Exhibit A, and incorporated herein by reference. Exhibit A is appended to this Agreement solely for the purpose of indicating the CJDA and the CHJDA boundary. Exhibit A is an accurate copy of the Joint Planning Area Land Use Map as of the effective date of this agreement. However, it will only be changed as the Joint Planning Area Land Use Map is 10 amended if the Map amendments change the location of either the CJDA or the CHJDA. F. Joint Courtesy Review Area. A portion of the northern Rural Buffer Area bounded on the east by I-40 and shown as such on Exhibit A. G. Rural Buffer. That portion of the Joint Planning Area designated on the Joint Planning Area Land Use Map as such and designated in the Joint Planning Area Land Use Plan as Rural Residential,Agricultural,Public/Private Open Space,Resource Conservation, Extractive/Disposal Use and the overlay district designated University Lake Watershed Area. This area is further defined as being a low-density area consisting of single-family homes situated on large lots having a minimum size of two (2) acres. The Rural Buffer is further defined as land which, although adjacent to an Urban or Transition area, is rural in character and which will remain rural, contain low-density residential uses and not require urban services (public utilities and other town services). H. Transition Area. That portion of the Joint Planning Area designated on the Joint Planning Area Land Use Map as such. This area is further defined as being in transition from rural to urban or already urban in density. Urban services (public utilities and other town services) are now provided to this area or are projected to be provided to this area. The portion of the Transition Area located in the CJDA shall be further divided into Transition Area I and Transition Area II on the Joint Planning Area Land Use Map. The Joint Planning Area Land Use Plan shall provide that,within Transition Area II, no 11 tract may, after the effective date of this Agreement,be approved for development at a density that exceeds one (1)housing unit per gross acre until at least 75%of the gross land area of Transition Area I consists of any combination of: 1. lots containing one acre or less; 2. residential developments approved for development at a density of at least one unit per acre; 3. streets,roads and utility easements located outside of lots containing one acre or less; 4. lots or tracts that are used for commercial, industrial, institutional or governmental purposes; 5. tracts that are owned by the University of North Carolina or other non-profit entities and that are not available for development. This density limitation does not apply to Village Mixed Use districts or Office/Assembly districts as provided for in the Facilitated Small Area Plan for Carrboro's Northern Study Area. I. Development Permit. Major subdivision preliminary plat approval and any discretionary permit(whether called conditional or special use permit or some other term)issued by the Orange County Board of Commissioners,the Chapel Hill Town Council, or the Carrboro Board of Aldermen. J. Involuntary Annexation. Annexation authorized or undertaken pursuant to G.S. 160A-3 1,Article 4A, Part 3. K. Voluntary Annexation. Annexation authorized or undertaken pursuant to G.S. Chapter 16OA-31 or G.S. Chapter 160A, Article 4A,Part 4. 12 Section 1.3 Effective Date and Duration A. This Agreement, except as provided below, shall become effective on the effective date of an Orange County ordinance (1) adopting this Agreement(after it has been approved by Chapel Hill and Carrboro); (2) amending Orange County's Zoning Ordinance (including Zoning Atlas) and Subdivision Regulations as prescribed in Section 2.1 of this Agreement; (3) amending the Joint Planning Area Land Use Plan to reflect the existence of Transition Area I and Transition Area II; and(4) amending the Joint Planning Area Land Use Map to show the location of Transition Area I and Transition Area II as indicated on Exhibit A. Any previously adopted Agreements shall become null and void upon this date. The Appendix to this Agreement shall become effective upon the execution of this Agreement. B. This Agreement, including any Appendix hereto, shall remain in effect until terminated by mutual agreement or by withdrawal of any party. Subject to termination provisions of this Agreement, annexation provisions of this Agreement shall be valid for not more than 20 years and may thereafter be renewed. A party may not withdraw until it holds a public hearing on the proposed withdrawal followed by written notices to the other parties within thirty(30) days of the public hearing. The withdrawal shall be effective one (1)year following receipt by the other party of the written notice. Withdrawal of one party shall not invalidate the Agreement with respect to remaining parties. C. Upon execution of this Agreement, the parties agree that each will take, in a timely manner and without unnecessary delay, all steps (including but not limited to preparation and adoption of Zoning maps, appointment of Transition Area 13 representatives to Planning Boards and Boards of Adjustment, and all required land use ordinance amendments)required to cause this Agreement to become effective, and will notify the other parties when those steps have been taken. Orange County will notify the Towns by resolution when this Agreement becomes effective. This Agreement may become effective as to two parties pending completion of steps necessary to make effective a 3-party Agreement. Section 1.4 Linkage with the Water and Sewer Management=Planning and Boundary Agreement This agreement shall be made part of the Water and Sewer Management Planning and Boundary Agreement by reference. Appendix A to the Water and Sewer Management, Planning and Boundary Agreement,the map entitled Water and Sewer Management Planning and Boundary Agreement is hereby incorporated into this agreement as Exhibit B. Termination of the Water and Sewer Management,Planning and Boundary Agreement does not terminate this agreement. Termination of this agreement can only be accomplished as provided in this agreement. Similarly,the withdrawal of a party from the Water and Sewer Management. Planning and Boundary greement does not constitute withdrawal from this agreement. Withdrawal from this agreement can only be accomplished as provided in this agreement. ARTICLE 2.ADOPTION,ADMINISTRATION AND AMENDMENT OF STANDARDS Section 2.1 Standards Within the Transition Area 1 • • • ON S - ,► ' ' � ,� ,► INFAI WON op C I$ kk It.117m _ �+Ft i �4tyre. 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