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HomeMy WebLinkAboutAgenda - 04-16-2002 - 9c 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: April 16, 2002 Action Agenda Item No. SUBJECT: Orange County/Hillsborough Courtesy Review Agreement DEPARTMENT: Planning and Inspections PUBLIC HEARING: (YIN) No ATTACHMENT(S): INFORMATION CONTACT: Craig N. Benedict, ext. 2592 Revised Draft Agreement with Revised Map Internal Review Process Flowchart TELEPHONE NUMBERS: Hillsborough 732-8181 Chapel Hill 968-4501 Durham 688-7331 Mebane (336)227-2031 PURPOSE: To consider a revised courtesy review agreement with the Town of Hillsborough. BACKGROUND: This item was discussed at the January 29, 2001 Board of Commissioners work session and again during a joint meeting with the Town of Hillsborough on January 31, 2001. The Board adopted the agreement on March 6, 2001. Hillsborough discussed the agreement that spring, but did not adopt it. Issues that prevented the town from adopting the agreement in 2001 included a concern of increased workload for Hillsborough's planning director and the size or threshold limit activating review of a project. These items have since been discussed and negotiated by a joint staff work group composed of John Link, Orange County Manager, Craig Benedict, Orange County Planning Director, Eric Peterson, Hillsborough Town Manager, Demetric Potts, Assistant Town Manager and Public Works Director, and Margaret Hauth, Town Planning Director. A revised agreement is now presented for consideration. The primary difference with the previous agreement involves setting a threshold for project review of five acres for land use amendments, rezonings, special use permits, conditional use permits and annexations or a project with a 50-unit residential component. These thresholds include both residential and non-residential (i.e. commercial, office, industrial) projects. As with the previous agreement, the area includes the water and sewer service area boundary both in Orange County and Town of Hillsborough jurisdiction. The process for distribution of development project review material in each local government is not included in the agreement because it is an internal process. The agreement does include the five working day timeframe for return of comments. This timeframe is important because it allows time for review and comment while still permitting both parties to adhere to adopted T r 2 agenda review and distribution schedules. The process proposed in Orange County by staff includes forwarding the material to the BOCC as soon as possible through hard copy or e-mail without staff comment. Staff and BOCC comment independently and the comments are collected, incorporated and distributed to Town of Hillsborough by staff. A flowchart for the internal distribution process is attached. Either jurisdiction may request a joint meeting of the elected boards to discuss a development proposal subject to courtesy review. The request shall be made in writing by the reviewing jurisdiction when comments are submitted or in writing by the approving jurisdiction upon receipt of comments. When either party requests a joint meeting, the approving jurisdiction agrees to delay its approval process for the project in question in order to accommodate the joint meeting. If such a meeting is scheduled, the developer will provide five (5) additional copies of the development proposal application. The timeframe of a five-day 'tumaround' for comments can be difficult in some cases, so an increased timeframe may be warranted for certain projects. This issue can be discussed at the meeting. FINANCIAL IMPACT: There is possible personnel resource impact as an existing planner would add to their responsibilities and be assigned to react to proposals in relatively short time frames and attend meetings to understand the proposal and offer comment. RECOMMENDATION(S): The Administration recommends that the Board approve the revised agreement. 3 COURTESY REVIEW AGREEMENT (Note: New/revised text shown in boldface.) THIS AGREEMENT,made and entered into this day of , 200 , by and between the COUNTY OF ORANGE, a political subdivision of the State of North Carolina, the TOWN OF HILLSBOROUGH, a municipal corporation 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 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 Section 1.1 Purpose of the Agreement The purpose of this Agreement is to establish a method to foster coordinated planning between Orange County and the Town of Hillsborough. Further,the process is intended to provide a forum for discussion of development impacts and exchange information and ideas. This agreement does not provide for joint approval. Section 1.2 Definitions A. Courtesy Review Area. The area designated on the Courtesy Review Area Land Use Map and attached hereto as Exhibit A. (As a cross-reference this is the area also noted on the Water and Sewer Management, Planning and Boundary Agreement map as the Town of Hillsborough's primary service area.) Within the Courtesy Review Area,the Town of Hillsborough's Land Use Plan will apply to land within its corporate limits and extraterritorial planning jurisdiction. Orange County's Land Use Plan will apply in the remainder of the Courtesy Review Area. B. Development proposal. Development permit proposals that are to be reviewed under this agreement must meet at least one or more of the following criteria: g:\aaron\Hb\CRA—HB version 1-17-02 rev 4-5-02.doc 4 ' 1. Land use amendment involving five (5) acres, 2. Rezoning involving five (5) acres, 3. Special Use Permit involving five(5) acres, - 4. Conditional Use Permits involving five(5) acres, 5. Annexations involving five (5) acres, 6. Projects with a residential component of greater than 50 dwelling units. Section 1.3 Effective Date and Duration A. This Agreement, except as provided below, shall become effective upon adoption of an ordinance by the elected officials of the Town of Hillsborough and Orange County to its effect. Any previously adopted Agreements in conflict with this Agreement shall become null and void upon this date. The Courtesy Review Area Map in Appendix A 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. Withdrawal of one party shall absolve the remaining party to satisfy conditions under the Agreement. ARTICLE 2.ADOPTION,ADMINISTRATION AND AMENDMENT OF STANDARDS All proposed developments noted in Section 1.2B shall be submitted for courtesy review in the following areas: A. Aforesaid Courtesy Review Map area outside of Hillsborough's ETJ, B. Within the Town of Hillsborough's town limits and extra-territorial jurisdiction. Section 2.1 Proposal Administration within the Courtesy Review Area A. Whenever Hillsborough receives an application for a development proposal as defined in this Agreement relating to land within the Courtesy Review Area, it shall forward two (2) copies of the full application and associated g:\aaron\Hb\CRA—HB version 1-17-02 rev 4-5-02.doc 5 materials to Orange County planning staff for review within two (2) working days of a completed application being submitted. Comments shall then be returned to the Town of Hillsborough planning staff within five(5)working days for inclusion in the Hillsborough planning board and/or town board agenda packet. 1. In the case of a voluntary annexation,the application is complete upon receipt of petition for application. 2. In the case of an involuntary annexation,the Town of Hillsborough will notify the Orange County planning department at the time that they notify the effected property owners of the intent to annex. 3. The Town of Hillsborough will forward a copy of all staff reports regarding the feasibility of the annexation,whether voluntary or involuntary,to the Orange County planning department as part of the notification. B. Whenever Orange County receives an application for a development permit as defined in this Agreement relating to land within the Courtesy Review Area,it shall forward two(2) copies of the full application and associated materials to Town of Hillsborough planning staff for review within two (2)working days of a completed application being submitted. Comments shall then be returned to the Orange County planning staff within five(5)working days for inclusion in the Orange County planning board and/or county commissioner's agenda packet. Section 2.2 Substance of Comments A. The Town of Hillsborough may make comments on a development proposal within the jurisdiction of Orange County covered under this Agreement on certain matters of concern. These matters of concern shall include,but not be limited to: 1. Utility capacity and efficiency a) Town of Hillsborough staff will provide written confirmation of availability and/or constraints of utility capacity for g:\aaron\Hb\CRA—HB version 1-17-02 rev 4-5-02.doc 6 development proposals requesting Town of Hillsborough utility access that are within the jurisdiction of Orange County. b) If the development proposal requests utility service from the - Town of Hillsborough,the Town of Hillsborough Board of Commissioners agrees to provide written notice of intention to provide or not provide utility service to the proposed development to the Orange County planning staff within two(2) months of receipt of development proposal application. Orange County may require confirmation of intention to provide utility service to the proposed new development from the Town of Hillsborough as a condition of preliminary plan approval. 2. Transportation issues (traffic and road capacity, access to mass transit, etc.) B. Orange County may make comments on a development proposal within the jurisdiction of the Town of Hillsborough covered under this Agreement on certain matters of concern. These matters of concern shall include,but not be limited to: 1. School capacity and planning 2. Emergency management services 3. Transportation issues (traffic and road capacity, access to mass transit, etc.) 4. Social services 5. Environmental resources Section 2.3 Request for Joint Meeting Either jurisdiction may request a joint meeting of the elected boards to discuss a development proposal subject to courtesy review. The request shall be made in writing by the reviewing jurisdiction when comments are submitted or in writing by the approving jurisdiction upon receipt of comments. When either party requests a joint meeting, the approving jurisdiction agrees to delay its approval process for the project in question in order to accommodate the joint meeting. If such g:\aaron\Hb\CRA—HB version 1-17-02 rev 4-5-02.doc 7 a meeting is scheduled,the developer will provide five(5) additional copies of the development proposal application. Section 2.4 Enforcement Remedies. Development proposal revocation, if necessary and authorized by ordinance, shall be handled by the same individual or board authorized to issue the original development approval. g:\aaron\Hb\CRA—HB version 1-17-02 rev 4-5-02.doc Appendix A Orange County -- Hillsborough Courtesy Review Area 'c O N H o Y , F � �. J 00 0') Cn Public Roads Streams ` 'Upper Eno River Watershed a ` Jordan Lake Watershed -University LakeWatershed mapwa:prat—,uiwgwaGIs�a:oar«sof c•"� mss, Cane Creek Watershed "'e=wc ,ypia"n"oDapar°"e tmwm . Lower Eno River Watershed ztymaan„iea enn;lndppblar :soarao Little River Watershed mr«mabm asad r«ms map may n.ve been g ss caseated at WWwt w—,gmas«dennibons, ural Buffer R.um,n,n.-...nm.among re.was OWASA to Orange County P.— a�a,epo m :v.b ��a '`ee eea�`� Water and Sewer Boundaries weeper mdeadusdata.Rerermmeapprapdete Jurisdictions 0 Hillsborough Primary Service Area aamadxs,afiafal maps.la«dman«a t« 0 Mebane Service Area a«nplem eccarecr- ;.: Courtesy Review Area Boundary DOWASALong-Term Interest Area TneGIs Dm;swnamaaangeroanty Plannmg =HillsboroughCityLimits OWASA Prima Service Area Dept assumes lwtaedm r«aam.gea Gaoled by Bettina Brinkley Primary caused by—uraa;eaw Z—P«auPp«bng Hillsborough ETJ Orange Co LongTerm Interest Area dale.TM Orange county Plemm�g Dep—nt Orange County Planning Orange PfIRW Service Area metes nowmeny.sx_—d«impiad,aswma April 5,2002 9 Primary a«araav al me mr«meaan pmaenw.d«d«s Orange County me rKt or aisNbutim can nwte such a waaenry. 0 1 2 Miles t 9 Courtesy Review Agreement Hillsborough-Orange County Flow Process Development application received - by approving jurisdiction Day I Two(2) copies of application materials sent to reviewing jurisdiction Day 3 Orange County staff y OC staff presentation made presentation to to BOCC* OCC?* N Staff comments forwarded to approving jurisdiction within five (5) days of receipt Day 8 Accompanied by y Development request for joint approval process meeting? delayed for joint meeting N Joint meeting conducted in a timely manner Definitions: Approving Jurisdiction-the jurisdiction to Approving jurisdiction which the development has been taken for continues with approval process approval Reviewing Jurisdiction-the partner jurisdiction in this courtesy review agreement *Applies to Orange County as approving jurisdiction only G:\aaron\Hb\CRA flowchart