HomeMy WebLinkAboutAgenda - 10-03-2005-6aORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: October 3, 2005
Action Agenda
Item No. 6-p
SUBJECT: Memorandum of Agreement between Town of Hillsborough and County of
Orange for Creation of a Strategic Growth Plan
DEPARTMENT: Planning & Inspections PUBLIC HEARING: (Y/N) No
ATTACHMENT(S): INFORMATION CONTACT:
• Table of Contents and Secticn 6,2 Craig Benedict, Planning Director,
(Implementation) from Task Force Report Phone: 245-2592
• MOA
PURPOSE: To approve a Memorandum of Agreement (MOA) regarding a consultant selection
process and planning deliverables.
BACKGROUND: In late 2004 and early 2005, a joint task force agreed upon 13 De Facto
Principles of Agreement, On February 17, 2005, staff presented the report to the joint elected
bodies where it was well received, As part of the implementation strategy, a joint consultant
was recommended, This MOA sets the process in motion, The MOA includes:
A. Selection and Coordination Process
1, Selection Committee -Made up of an elected official and planning board member from
each jurisdiction to review proposals and recommend consultant to the Town,
2. Steering Committee -Composed of eight (8) members equally shared and appointed
from both jurisdictions based on recommendations and volunteer applications,
B, Timeline -Approximately 15 months: recommendation on consultant by December 2005;
consultant begins work in January 2006; and consultant provides plan in January 2007.
C, Amendments to MOA -May be amended by mutual written agreement of Town and
County,
The eventual report will hopefully institutionalize many common ideas and interests, In addition,
a major component includes the delineation of future public water and sewer boundaries that
influence how growth will look on the fringe of an urban core,
Recommendations may eventually appear in the fcrm of land use and zoning changes or a
mare elaborate cooperative planning agreement,
FINANCIAL IMPACT: Manies from the 2005-06 budget have been earmarked for this BOCC
initiative.
RECOMMENDATION(S): The Manager recommends that the Board approve the MOA and
authorize the Chair to sign subject to final review by staff and the County Attorney.
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TABLE OF CONTENTS
1. Vision Statement ...................................................Page 2
2. Acknowledgements ...............................................Page 3
3. Introduction and Mission of the Task Force ..............Page 4
4. Resources Utilized by the Task Force ......................Page 6
5. Task Force Meetings and Deliberations ...................Page 8
6. Task Force Products, Recommendations, and
Implementation ................................................... Page 9
6.1 DeFacto Principles of Agreement and Map
6.3 Joint Strategic Growth Plan -Scope of Work Possibilities
Appendices -Agreements and Maps
A. Resolutions Establishing Task Force
B. Orange County Comprehensive Plan Land Use Element
Map
C. Water and Sewer Management, Planning and Boundary
Agreement and Map
D. Town of Hillsborough Water Capacity Analysis for Fiscal
Years 2004-2014
E. Analysis of Transition Areas and Maps
Orange County/Town of Hillsborough
Urban Transition Area Task Force Report Page 2
6.2 IMPLEMENTATION
Implementation strategies are provided following each abbreviated Defacto Principle of
Agreement (POA). Complete Defacto Principles of Agreement are provided in Section
6.1.
POA 1 -Consultant for Orange County/Town of Hillsborough Joint Strategic Growth
Plan
Staffs shall prepare a draft cost sharing proposal far consideration by Town and
County elected officials. It is expected that Orange County's share of the costs
will be greater than that for the Town of Hillsborough.
Establish a consultant selection advisory committee to work with the staffs from
both jurisdictions during the Request for Proposals (RFP) and interview
processes. The committee shall provide a final recommendation on the preferred
consulting firm to Town and County elected officials for consideration. The
Scope of Work items provided in Section 6 shall be used as a starting point for
the development of an RFP.
In the event that a consultant is not used to complete a Strategic Growth Plan far
the Hillsborough fringe area as recommended, Orange County and the Town of
Hillsborough shall reinstate the Orange County/Town of Hillsborough Urban
Transition Area Task Farce to work with joint staffs to develop a work plan for the
completion of the items identified in the Scope of Work and provide project
oversight until completion.
POA 2 -Ultimate extent of Hillsborough's Urban Service Area
This Principle provides reaffirmation of the Hillsborough Primary Service Area
(HPSA) as established by the Water and Sewer Management Planning and
Boundary Agreement and Map. This map depicting HPSA includes lands
beyond Hillsborough's Extra-Territorial Jurisdiction and within Orange County's
planning jurisdiction. As the "tltimate" extent, Orange County Planning Staff
shall draft an annexation agreement for consideration by Town and County
elected officials that reflects this boundary.
POA 3 -Intermediate extent of Hillsborough's Urban Service Area
The Intermediate extent of Hillsborough's Urban Service Area has been very
generally defined and requires ftarther study through completion of an Orange
County/Town of Hillsborough Joint Strategic Growth Plan. The Strategic Growth
Plan shall provide recommendations for a revised Intermediate boundary for
inclusion in an inter-local agreement. This agreement shall acknowledge that the
extension of urban services and development shall occur in areas contained
within the Intermediate Urban Service Area Boundary before extension into the
area between the Intermediate and Ultimate Urban Service Area.
Orange Counfy/Town of Hillsborough
Clrban Transition Area Task Force Report Page 3
4
POA 4 -Protection of Upper Eno/Neuse River Watersheds Surface and Groundwater
Resources
Orange County shall consider the reduction of residential zoning density within
the Upper Eno/Neuse River watersheds as part of the Comprehensive Plan Land
Use Element Update,
Orange County shall consider increasing permitted residential minimum lot size
within the Upper Eno/Neuse River watersheds as part of the Comprehensive
Plan Land Use Element Update,
Cost sharing opportunities to protect surface and groundwater resources shall be
conveyed to respective governing boards by joint staffs as opportunities present
themselves. For example, the exploration of a Transfer of Development Rights
(TDR) Program or Purchase of Development Rights (PDR) by Orange County
may present an opportunity for coordination and cost sharing with the Town of
Hillsborough.
POA 5 - Consistency of Development Standards for Subdivisions That Will Have
Hillsborough's Water and Sewer Services with Orange County's Planning Jurisdiction
During Orange County review of new subdivisions that will have Town of
Hillsborough public water and sewer services, Planning Staff will review the
Town of Hillsborough's development standards for consistency to reduce
irregularities that could create non-conformities if annexed in the future, Any
inconsistencies found will be included in Staffs report to the Orange County
Planning Board and County Commissioners. Also, urban service areas, whether
Town of Hillsborough or Orange County Planning Jurisdiction, will have a
retroactively consistent urban design.
When Orange County revises its land use ordinances for incorporation into a
Unified Development Ordinance, concerted efforts shall be made to establish
consistent regulations as they may pertain to development to be served with
Town of Hillsborough public water and sewer.
POA 6 -Consistent Nomenclature Should be used in Town and County Ordinances
When Orange County revises its land use ordinances far incorporation into a
Unified Development Ordinance, or when Hillsborough amends its land
use/development ordinance, concerted efforts shall be made to establish
consistent nomenclature between county and town regulations.
POA 7 -Identification of Common Goals and Differences
Whether completed by a consultant or joint staffs, the identification of topics
where the county and town share common goals and where they may differ shall
be part of the Scope of Work for an Orange County/Town of Hillsborough Joint
Strategic Growth Plan, Typical goal areas can include, but are not limited to,
transportation, land use, parks, housing, environment, public services, etc,
Orange County/Town of Hillsborough
(.lrban Transition Area Task Force Report Page 4
POA 8 -Consistent Transportation Corridor Planning
The Orange Grove Road Access Management Plan shall be used as a model for
future corridor plans prepared by Orange County and the Town of Hillsborough,
It shall be Planning Staffs responsibility to ensure that the format and process
used for Orange Grave Road is followed during the development of future
corridor plans. South Churton Street may be an opportunity to examine access
management prior to future Transportation Improvement Plan (TIP) road
widening plans and concurrent with the `revitalization' program by the Division of
Community Assistance,
POA 9 -Joint Coordination in Planning for Parks
The Orange County Planning Department shall work with the Orange County
Recreation and Parks Department to assess existing methods of coordination
with Hillsborough. Fallowing this initial assessment, the Planning and Recreation
and Parks Departments, in consultation with the Recreation and Parks Advisory
Council, will recommend areas or processes for improving coordination for
consideration and where appropriate, inclusion in inter-local agreements, Other
non-profit recreation agencies and programs should also be considered,
POA 10 -Establish Joint Task Force to Identify Significant Cultural Resources and
Develop Policies and Implementation Strategies for Their Protection
The Orange County Environment and Resource Conservation and Planning
Departments shall work together with the town's Historic Preservation Planner to
develop a draft resolution establishing and setting guidelines for such a task
farce for consideration by Orange County's and Hillsborough's Commissioners,
POA 11 -Limit Urban Sprawl
The Town of Hillsborough and Orange County shall work together to limit urban
sprawl through the establishment of Intermediate and Ultimate Urban Service
Areas that shall be established through an inter-local agreement following
completion of an Orange County/Town of Hillsborough Joint Strategic Growth
Plan, Annexation boundary agreements can assist in this goal achievement,
POA 12 -Amendment of the Town's Extraterritorial Jurisdiction (ETJ)
• The Orange County Planning Department, in consultation with the County's
Attorney, shall develop a staff report that summarizes the legal requirements for
amending the town's ETJ. This is in response to an 'exchange' of areas moving
the ET,1 out of the Upper Eno Critical Area to other areas which could be mare
easily developed, Upon completion, the Staff report shall be forwarded to the
Orange County/Town of Hillsborough
Urban Transition Area Task Force Report Page 5
Orange County and Town of Hillsborough Boards of Commissioners for review
and direction.
POA 13 -Incorporation of Principles of Agreement Into Local Policies
Where appropriate, each of the twelve (12) aforementioned Principles of
Agreement shall be incorporated into prospective local policies through inter-local
agreement(s) or ordinance changes.
Note: Further elaboration of Defacto Principles of Agreement is provided in
Section 6.1.
Orange County/Town of Hillsborough
Urban Transition Area Task Force Report Page 6
State of North Carolina
County of Orange
Town of Hillsborough
MEMORANDUM OF AGREEMENT
TOWN OF HILLSBOROUGH
COUNTY OF ORANGE
CREATION OF A STRATEGIC GROWTH PLAN FOR HILLSBOROUGH CITY LIMITS,
EXTRATERRITORIAL PLANNING JURISIDICTION AND AREAS DESIGNATED AS 10 YEAR
AND 20 YEAR TRANSITION IN THE LAND USE ELEMENT OF THE ORANGE COUNTY
COMPREHENSNE PLAN
THIS AGREEMENT, made and entered into between the Town of Hillsborough, North Carolina, a
North Carolina municipal corporation, 101 East Orange Street, Hillsborough North Carolina 27278
(hereinafter referred to as the "Town"), and the County of Orange, a political subdivision of the State
of North Carolina 200 South Cameron Street, Hillsborough, North Carolina 27278 (hereinafter referred
to as the "County"), for the,joint development of a Strategic Growth Plan for Hillsborough City Limits,
extraterritorial planning ,jurisdiction and areas designated as 10-Year and 20-Year Transition in the
Land Use Element of the Orange County Comprehensive Plan.
WITNESSETH
WHEREAS, the parties to this agreement are public bodies, politic and corporate, under the laws of the
State of North Carolina; and
WHEREAS, the parties are vested with the power and authority to plan for and regulate the
development of land within each's documented,jurisdiction; and
WHEREAS, the Town and County established the Orange County/Town of Hillsborough Urban
Transition Area Task Force which met from September 2.3, 2004 to December 15, 2004; and
WHEREAS, the Task Force report contains 13 Principles of Agreement shared by the Town and the
County regarding development in and around the current Hillsborough jurisdiction; and
WHEREAS, the Town plans to undertake a Strategic Growth Plan for its jurisdiction; and
WHEREAS, the County is revising its Land Use Element of the Comprehensive Plan, which includes
lands designated as 10-Year and 20-Year Transition; and
WHEREAS, the first Principle of Agreement called for the joint preparation of the Strategic Growth
Plan to include the transition areas in the County
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NOW, THEREFORE, the parties agree to proceed as follows:
A. Selection and coordination process,
1. The Town will prepare a Request for Proposals package including a budget, scope of
services, and project timeline in coordination with the County planning staff..
2. The Request for Proposals will be released to consultant firms who may be interested in
preparing the plan for a period of at least 30 days.
3. The Town and County will each appoint an elected official and Planning Board member as
the Selection Committee to review proposals and recommend consultant to the Town. the
appropriate planning and/or management staff members will serve as staff support for the
Selection Committee.
4. A selection negotiation period not to exceed 90 days at the close of which a contract for
services will be shared with both elected boards for approval by the Town of Hillsborough.
5. The Town will appoint a Steering Committee to work with the consultant throughout the
process.. The Steering Committee will consist of not more than eight (8) members equally
shazed and appointed by both jurisdictions, based on recommendations and volunteer
applications. The Committee shall be appointed and schedule an introductory meeting with
the consultant no more than 30 days after the approval of the contract by the Town.. The
appropriate planning and/or management staff members will serve as staff support for' the
Steering Committee.
6. The Steering Committee will establish regular meeting dates and times throughout the
process. The Committee may cancel meetings if action or direction is not needed.
7. The Town will serve as the lead entity throughout the process for consultant contact,
Committee contact, and administrative duties.
8. The Town will invoice the County for '/a of the costs from each consultant's bill up to the
amount of $25,000 which represents the County's cost participation in the process.
9. The Steering Committee will be responsible for keeping both elected boards up to date with
the plan process in a manner agreed upon with each elected boazd.
B. Timeline
A Strategic Plan document, including recommendations and an implementation plan shall be
presented by the consultant to the Steering Committee within twelve (12) months of the first
meeting of the Committee and consultant, This time may be extended in three (3) month
increments with the prior approval by the Hillsborough Town Board of Commissioners.,
Upon presentation of the plan document, the Town and County will undertake the necessary
processes to solicit continent on the plan and adopt the sections relevant to each ,jurisdiction..
Concurrent with the adoption of the Strategic Plan, or portions thereof, will be an agreement
between the Town and County that, at a minimum, delineates the limits of annexation and areas
of'County jurisdiction projected to serve as a buffer between the Town and outlying rural areas.
Activity Deadline(no later than)
Release of RFP October 14, 2005
Selection Committee Appointed October 14, 2005
Selection Committee recommends consultant December 12, 2005
First meeting of Steering Committee January 16, 2006
Consultant provides Plan to Steering Committee January 15, 2007
C. Amendments
This agreement maybe amended by mutual written agreement of the Town and County.
D. Term
This agreement shall exist and continue for a period of two years, beginning October _, 2005
and ending October _, 2006 unless otherwise extended by amendment listed above.
E. Entire Agreement
This Agreement constitutes the entire Agreement of the parties hereto.
IN WITNESS WHEREOF, the parties to this agreement have duly and validly approved it and
caused it to be executed in their behalf by the undersigned agents.
Tlris, the _ day of October, 2005.
TOWN OF HILLSBOROUGH
Mayor
Attest: Donna F. Armbrister, Town Clerk
Approved as to form and authorization:
Town Attorney
COUNTY OF ORANGE
Chair
Orange County Commissioners
Attest: Donna Baker, Clerk to tare Board
Approved as to form and authorization:
County Attorney
This agreement has been pre-audited in the manner required by the Local Goverrunent Budget and
Fiscal Control Act.
Finance Director