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HomeMy WebLinkAboutAgenda - 05-20-2003-8iORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: May 20, 2003 Action Agenda Item No. ~- i SUBJECT: Decision on Proposal to Extend Annexation Time Limits in the Joint Planning Agreement DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) No ATTACHMENT(S): ^ 10-9-02 JPA Public Hearing Minutes ^ Resolution with Addendum INFORMATION CONTACT: Craig Benedict, Planning Director, ext 2592 TELEPHONE NUMBERS: Hillsborough 732-8181 Chapel Hill 968-4501 Durham 688-7331 Mebane 336-227-2031 PURPOSE: To consider adoption of a proposal to extend annexation time limits in the Joint Planning Agreement. BACKGROUND: The Joint Planning Agreement as adopted by Orange County, Chapel Hill, and Carrboro in 1987 established the Rural Buffer and Transition Areas. Additionally, it specified that neither Chapel Hill nor Carrboro may annex into the Rural Buffer or each other's Transition Areas. Both towns have adhered to these annexation provisions since adoption of the agreement. The second sentence in Section 1.3.B of the 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 be thereafter renewed." These provisions will expire in July 2006 if they are not renewed. On October 9, 2002, the Orange County Board of Commissioners, Chapel Hill Town Council, and Carrboro Board of Aldermen held a joint public hearing to receive public comment on a proposal to extend for 20 years, the annexation time limits specified in the Joint Planning Agreement. The proposed amendment would be an addendum to the Joint Planning Agreement. The addendum would extend the annexation provisions of the Agreement 20 years from the date of execution of the addendum (to 2023 if approved this year). To be effective, amendments to the Joint Planning Agreement require adoption by all three local governments. The standard sequence is for the towns to act first and then refer amendments to the County for final action. Chapel Hill adopted the amendment on December 12, 2002. Carrboro has not acted on the amendment yet, but proposes to do so on June 10, 2003. 2 To ensure action on this amendment before the end of the fiscal year, Planning staff recommends a slight variation in the usual adoption sequence. This entails a recommendation by the Orange County Planning Board prior to consideration by the Carrboro Board of Aldermen and referral to the BOCC for consideration on May 20. In keeping with this modified schedule, the Orange County Planning Board considered the item at their regular meeting on May 7, 2003 and voted unanimously to recommend adoption of the amendment to the Joint Planning Agreement. FINANCIAL IMPACT: There is no financial impact associated with this item. RECOMMENDATION(S): The Administration recommends adoption of the proposed amendment to extend annexation time limits in the Joint Planning Agreement. EXCERPT FROM APPROVED MINUTES OF 10-9-02 JPA PUBLIC HEARING s 2. Joint Planning Agreement Timeline Orange County Planning Director.Craig Benedict said that this item came about because there were provisions in the overall joint planning agreement that was approved in 1987 that had some expiration dates. The expiration dates only had to do with the annexation provisions of the agreement. Based on the JPA meeting in the spring, it was decided to bring this item to this meeting. He introduced Chris Berndt of the Chapel Hill Planning Department, who has made some revisions to the annexation portion of the agreement. Chris Berndt said that this is a public hearing on a proposal to extend provisions in the joint planning agreement that relate to annexation. The current provision has an expiration date of 20 years. The annexation provisions expire in the year 2006.. She said that the entire joint planning agreement is not up for reconsideration and remains in effect. There are two key provisions of the 20-year term. One is that the cities agree that there is no annexation into the rural buffer. The second provision is that the cities also agree that there is no annexation into each other's transition areas. The purpose of this item is to get public comment on the idea of extending the annexation provisions for 20 years. PUBLIC COMMENT Barry Katz, a resident of the rural buffer, a member of the Orange County Planning Board, a member of the Comprehensive Plan Land Use Committee, and a member of the executive committee of the democratic party, said that his views in no way represent the views of the party. He said that the people in the rural buffer support the extension of the anti-annexation provisions of the joint planning agreement. He presented a petition of rural buffer residents who support this extension. They have re- started the Alliance for the Rural Buffer and have extended it to many neighborhoods within the rural buffer, so that they can comment and inform the County regarding future buffer issues. He said that the rural buffer has retained its rural character. He said that if rezoning were considered in the rural buffer, then other areas would be put at risk because of poor drainage in the area. He said that he was surprised to hear at the recent Comprehensive Plan Land Use Committee that Orange County's Planning Director stated that the 35,000 acres of the rural buffer are on their way to becoming 17,500 two-acre home sites. Coincidentally, this is very close to the actual number of the total residences in all of Chapel Hill. He said that this is an exaggeration of the buffer sprawl and he is concerned about this. He is concerned about the term smart growth. He does not object to the principles, but he is concerned because unless you understand exactly what development tools are being proposed for a specific project, then it can leave you hesitant to appear as if you are an advocate for stupid or dumb growth when you question the value of pursuing those tools. He also worries about the acronym that the Planning Department has been using called the GOOD Plan. He said that this can quickly evolve into a doctrine where alternative approaches can be characterized as bad in the course of a meeting. He urged the elected officials to study this issue. A motion was made by Commissioner Gordon, seconded by Commissioner Brown to refer this proposal to amend the Joint Planning Agreement to extend 20 years, with the annexation time limits specified therein to the Planning Board and return a recommendation back to the Board of County Commissioners no later than February 18, 2003. VOTE: UNANIMOUS A motion was made by Alex Zaffron, seconded by Joal Hall Broun to refer this proposal to amend the Joint Planning Agreement to extend 20 years, with the annexation time limits specified therein to the Carrboro Planning Board and the Planning Board will return a recommendation back to the Board of Aldermen no later than January 21, 2003. VOTE: UNANIMOUS A motion was made by Jim Ward, seconded by Bill Strom to confirm their commitment to the extension of the annexation components of the joint planning agreement and the staff recommendation for the Planning Board and Town Council decision for November 19, 2002 and December 9, 2002. VOTE: UNANIMOUS 4 A RESOLUTION AUTHORIZING AN ADDENDUM TO THE JOINT PLANNING AGREEMENT TO EXTEND THE ANNEXATION PROVISIONS OF THE AGREEMENT AN ADDITIONAL TWENTY YEARS WHEREAS, Orange County, the Town of Chapel Hill, and the Town of Carrboro entered into a Joint Planning Agreement, dated September 22, 1987, as amended; and WHEREAS, Carrboro, Chapel Hill, and Orange County have worked cooperatively since the adoption of the Joint Planning Agreement on matters related to annexation, as specified in the Agreement; NOW THEREFORE, BE IT RESOLVED that the .Board of Commissioners of Orange County authorizes the Chair to execute, on behalf of the County, the addendum to the Joint Planning Agreement contained in Exhibit A to this resolution, thereby extending the annexation provisions of the Joint Planning Agreement twenty years from the date of the execution of the addendum. This resolution shall become effective upon adoption by the governing bodies of Orange County, Chapel Hill and Carrboro. This the 20th day of May, 2003. Upon motion of Commissioner ,seconded by Commissioner the foregoing resolution was adopted this the day of , 2003. I, Donna Baker, Clerk to the Board of Commissioners for the County of Orange, North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a meeting held on May 20, 2003 as relates in any way to the adoption of the foregoing and that said proceedings are recorded in the minutes of said Board. WITNESS my hand and the seal of said County, this day of __ , 2003. Clerk to the Board of Commissioners 5 EXHIBIT A ADDENDUM #1 TO THE JOINT PLANNING AGREEMENT AMONG ORANGE COUNTY, CHAPEL HILL AND CARRBORO WHEREAS, Orange County, the Town of Chapel Hill, and the Town of Carrboro entered into a Joint Planning Agreement, dated September 22, 1987, as amended; and WHEREAS, Carrboro, Chapel Hill, and Orange County have worked cooperatively since the adoption of the Joint Planning Agreement on matters related to annexation, as specified in the Agreement; WHEREAS, Section 1.3.B of the Joint Planning Agreement provides for the renewal of the annexation provisions of the Agreement for a period of not more than 20 years; NOW Carrboro, Chapel Hill and Orange County hereby mutually agree as follows: 1. Section 3.1 (No Annexation Into .Rural Buffer) of the Joint Planning Agreement shall be renewed for a twenty year period from the date of execution of this Addendum. 2. Section 3.2 (No Annexation by One Town Into Another Town's Transition Area) of the Joint Planning Agreement shall be renewed for a twenty year period from the date of execution of this Addendum. This Addendum entered into this day of , 200 . Attest: Chair, Orange County Board of Commissioners Clerk to the Board of Commissioners Attest: Mayor, Town of Chapel. Hill Town Clerk Mayor, Town of Carrbor•o Attest: Town Clerk