HomeMy WebLinkAboutAgenda - 10-15-2002 - 9b ORANGE COUNTY
- BOARD OF COMMISSIONERS
ACTION AGENDA REM ABSTRACT
Meeting Date: October 15, 2002
Action Age L
Item No.
SUBJECT: Orange CountvlHillsbomugh Courtesy Review Agreament
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (YIN) No
ATTACHMENT(S): INFORMATION CONTACT:
Craig N. Benedict, Director, ext. 2592
Revised Draft Agreement
Revised Map
Public Water and Sewer Coordination Plan
TELEPHONE NUMBERS:
Hillsborough 7324181
Chapel Hill 968-4501
Durham 688-7331
Mebane (338)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 adopting the agreement in 2001 Included concern of increased
workload by Hillsborough's planning director and size or threshold limit activating review of a
project. These items have since been discussed and negotiated by s joint staff work group
composed of John Link, Orange County Manager,Craig Benedict, Orange County Planning
Director, Eric Petersen, Hillsborough Town Manager, Cana c Potts, Assistant Town Manager
and Public Works Director, and Margaret Hauth, Town Planning Director. This was discussed
at a Joint Meeting In May, 2002.
A revised agreement is now presented for consideration. The primary difference with the
previous agreement involves setting a threshold for protect review of five acres for land use
amendments, arzonings, 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.a. 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.
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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 timefreme for return of comments. This timefreme la Important because it
allows time far review and comment while still penoitling both parties to adhere to adopted
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 email
without staff command. Staff and BOCC comment independently and the comments are
collected, incorporated and distributed by Staff to Town of Hillsborough.
An important new provision of the revised Agreement permits a letter to be sent to either
jurisdiction asking for more time or a Joint Meeting, The BOCC may also ask for a staff report
on an Item prior to submitted
Either jurisdiction may request a joint meeting of the elected boards to discuss a development
proposal subject to courtesy review. The request shell be made in writing by the reviewing
j indiction 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 accomnrodete the joint meeting.
If such a meeting is scheduled, the developer will provide five (5) addhlonal copies of the
development proposal application. _
At this time, the Town of Hillsborough has not voted on this agreement. Staff has been working
with Margaret Hauth, Hillsborough Planning Director, to address the issues of turnaround time
and the type of projects to be reviewed and believes this agreement is in line with jointly
discussed issues from this spring. Concerns dealing with additional time for comments to be
rendered have been addressed In this revised Agreement.
In addition, both steffa have worked on an informal process to review the determination of
water and sewer availability by HIIlsborcugh and the timing of how it melds into the County
subdivision process. A copy is attached for your edification. This may become a more formal
process when Hillsborough develops the Strategic Plan For Growth.
FINANCIAL IMPACT: There is possible personnel resource impact as an existing planner
would add to their responsibilities and be assigned to react te proposals In relatively short time
tames and attend meetings to understand the proposal and offer comment.
RECOMMENDATION(S): The Administration recommends that the Boom approve the revised
agreement.
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COURTESY REVIEW AGREEMENT
Mom aewlrelacJ Sul ahownoMmlioedJ
THIS AGREEMENT, made and entered into cols _ day of 200 by
and between the COUNTY OF ORANGE,a political subdivision of the Slate of North Carolina,
the TOWN OF HILLSBOROUGH, a mwieipil coTwratien only created said edsthag under the
laws of North Carolina
W'ITNESSETH:
In consideration of the public beae&ts expected to flow from the cooperative effotta of the
Painting in establishing a coordinated system of planning widbin their respective areas of public
concern,thepardes to this Agrcumcnt hereby mutually agree as follows:
ARTICLE 1.PURPOSE,DEFWITIONS,EFFECTIVE DATE
Section 1.1 Purpose of Me Agreement
The purpose of this Agreement is to establish a costliest to fester coordmamd
pluming betweet Orange County and the Town of Hillsborough Further, the
Process is intended to provide a foram far discussion of development impacts and
exchange ind etion and ideas Tbis agreement does not provide for joint
approval
Section 1.2 lafruitlons
A. Courtesy Review Area. The area designated on the Ceereew Review Area Land
Use Map and attached hereto as Exhibit A. (As a cross-mf ce dda is the area
also noted on the Water and Sewer Management, Planning meal Boundary
Ageement map as the Town of Hillsborough's primary service area.) Within III
Courtesy view Area the Town or illsborou will epplyrIs
land within its taporwrinc limits and extraterritorial Planinfint nnsdrehon MT.D.
Onsvers Doom's d Ilan Plan will apply in the
Review Area
R. Desonopoical inadnand Idgeialcoment worrocit preabinia that are to be reviewml
undminflus a ofthc toll
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1 Land use ammdmmt involving five(5) acres
2 Rentring involving five(5)s
3 Special t JRe permit involvirm five(5)acre
4. Conditional Use Permits involving five(5)sera.
5 Annarmimns involvitat five(5)acres_
6. Pr'ecls wiN a id
Section 1.3 Effective Daft and Duration
A.This Agree ,except as pmrdded below,shall become effective upon adoption
of an ordinance by the elected ofiicUs of the Town of Ilillsborough and Orange
County to its effect Any previously adopted Ay mn s in conflict with Us
Agreement shall become mull and void upon this data The Comresy Review Area
Map in Appendix A to Nis Agreement shau become effective upon the exmution
of this Agreement
B. This Agreement, including my Appendix hereto, shall remain in effect until
tenninand by mutual agreement a by withdrawal of any parry. Withdrawal of
one parry shall absolve the remaining party w satisfy conditions order the
Agreement
ARTICLE 2.ADOPTION,ADIHIiSISTRATION AND
AME"D 2W OF STANDARDS
All proposed dcelopments noted in Saton 1.211 shall be submitted for courtesy review in the
fouoming areas:
A. Aforesaid Comtay Review Map area mmide ofHillsbomugh's ETI,
B. Within the Tanta ofttfllsbmou6h's town limits and exo-a-terdmrialjw.sdictien.
Section 2.1 proposal Administration wifin the Courtesy DMew Area
A. Whenever Hillsborough receives an application £ a development proposal as
defined in Nis Agreement relating to land within the Courtesy Review Area, it
shall formed root 0_copies of the full application and associated materials to
Orange County planning stag for.review within rep (2) working days of a
completed Mlicatust home subraittod Comments shall then be nbomed to the
S
of Hillsbomud plmning maffm wurking da , for mclimon
&e H'll b ro M1 D1 b owd md howd agmda o cke
I
In the f am p I' lm i1pon j0(
oPpoellon fora Beal'
2. 1 esanon the Town of ill noti
t o Noge ComW vl den The Fat th '[v tb
cffe Qdmpwv owners ofaam
3. a Town of ld Momu wil of all w rc ardin
dsc hnber vol m the
Qmnu C PI f te nolifi�fim
R. Whme licatinn for a dove
dfined wtbis wiNn the Coljft Rmm
2 c ies of the full mvlicmm and materials
afHillsb within two 2 w
bmitted. Commmta sh olbe
CaunW planni �5)working daw for imd
and/mcm da xket.
Sealion 2.2 Substance of Commenm
Town of Hillshomud may make pommoWg gn a devaTopm= snl
im ffic imadidim of OmRe CouWY c emmtonr in
f
a) Town 1. ISnlity cmacity and cfficieocv
of Hillsbomu b x will cmfirmennn of
avadab'Ity and/or constr'nts of ufl'ry c fOT d 1
wowWs =uestm To h utili
lh e imsdicbm ofO C
F If the dwd e sts utili Twn o of
H'lIM ¢b thT fHllsb mob B a fC
to Mvid mdm to provide
scmga m the mmosed d the a Covn
s of s m t of dove osal Jjcafion
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confirmation of intrnnon to nruvidu utility
ce to Ne vr000acl new development from the Town of Eiillsboroueh
m a oandition ofuretirrdnarvnlan warovat.
c and road w wl ass w mass sand e
D. c Cc make c
udsdiebon of the Town of
mmtms or�nnern Tbes rnm ofeoncem shan 'nciudo but nothe l'miteam
Scbml emwity md l
z Emerwnov ant ea
3. l r ar nis a a etc.
4. SoclW servie??
5 FDViWDMCDtRl Tesoumes
Seeliond3 Reoeeet for Joint Meeting
Eltber iuJOicton may
'emmcn . The uest emaein
wrifing by c wrzitin
by the fv rnents. When either
v t tncetiv dte p urisdicnov s to&la
vrocass '
for@ ue
'ect in sti . Tf
Wed dmlmw will pmyde five 5 additio
of the develommt=o8al Wheation.
Section 2.4 Eaforwment EemMWs..
DeveloM=pmposW mvownmy ifnzeswv and autbmi by drain , shall
be hurdled by the same individual or boaW aut imd to issue the onpnal
development approval.
Appendix A
Orange County -- Hillsborough
Courtesy Review Area
Id
gh
s
W
--r
B '
ORANGE COUNTYROWN OF HILLSBOROUGH
COURTESY REVIEW AGREEMENT
Public Water and Sewer Coordination Plan
t Preappliwfion meeting between Orange County Planning Staff and recaloper.
(e) Developer submits had(2)copies of Proposed Concept Plan for evlewwlN
regards W.
. Flexibility
Mean mnlnyaubalvlelon regulation
Multiple Concept Plans Including Yield Plan, Flexible
Devaiopmenvconserv�ation Cluster wit and wimout public water and
2. One copy to Town of Hillsborough for preliminary review.
3 APpllwntformally petitlma Town ill.Hillsborough far Latter of Intent W provide
public water and fewer.
4. Town of Hlllabarough acts on petition.
B "aasm�dd e County Staff and Manning Board review antl radio nd preferred
pt Plan subdivision design.
0. ant aubm Ma iminary Plan W Staff antl OC Planning Seem.
T of Hlllshomugh receives Preliminary Plan agency rental antl begins
g on formal water and Sewn Agree em.
B lanning Board reverva antl recommends Preliminary Plan antl forwards to
ead ofC my COmmnsloners.
g M HIllsbomugh Provides BOCC wIM Inal report with regards to fesslblllry
vitl'mg water and sewer to site
10. of County Cdnmbabners review antl ad upon application.
ft
If approved, applicant former Town of Hillsborough water antl
fewer commitment prior W submitnl of Final Piet.
12 being Final Plat appltrstion atlaasmc d documents to ensure liance with Resolution of Approval.13. Plat recorded