Loading...
HomeMy WebLinkAboutAgenda - 11-21-2002-3JOINT MEETING ORANGE COUNTY BOARD OF COMMISSIONERS/ HILLSBOROUGH BOARD OF COMMISSIONERS WORK SESSION AGENDA ITEM ABSTRACT Meeting Date: November 21, 2002 Action Agenda Item No. ~_ SUBJECT: Oran a Count /Hillsborou h Courtes Review A reement DEPARTMENT: Planning and Inspections ATTACHMENT(S): Revised Draft Agreement Revised Map Public Water and Sewer Coordination Plan PUBLIC HEARING: (YIN) No INFORMATION CONTACT: Craig N. Benedict, Director, ext. 2592 TELEPHONE NUMBERS: Hillsborough 732-8181 Chapel Hill 968-4501 Durham 688-7331 Mebane (336)227-2031 PURPOSE: To receive report on the status of a proposed Orange County/Hillsborough Courtesy Review Agreement. BACKGROUND: This item was discussed at the January 29, 2001 Board of Commissioners work session and again during a joinment oIn March 6, 2001 Hillsboro gh discussed the31, 2001. The Board adopted the agree 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 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. This was discussed at a Joint Meeting in May, 2002. A revised agreement is to be considered by the Board of County Commissioners on November 19, 2002. 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. 2 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 agenda review and distribution schedules. The proon as r oss ble through haCd copy or et mail includes forwarding the material to the BOCC ass p without staff comment. 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 submittal. 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. 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 turn-around 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 staffs have worked on an informal process to review the determination of water and sewer availability by Hillsborough and the timing of how it melds into the County subdivision process. A copy is attached for your edification. This may become a more format process when Hillsborough develops the Strategic Plan for Growth. FINANCIAL IMPACT: There is possible personnel resource impact for Orange County 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 County Manager recommends that the Boards receive the status report as information. 3 COURTESY REVIEW AGREEMENT (Note: New/revised text shown underlined) Zoo_, by THIS AGREEMENT, made and entered into this day of 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 Section 1.2 Purpose of the Agreement exchange information and ideas. This agreement does not provide for joint 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 approval. Definitions A. Courtesy Review Area. The area designated on the Courtesy Review Area Land Use Map and attached hereto as Exhibit A. (As across-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 C_ourtes Review Area the Town of Hillsborough's Land Use Plan will anvly to land wrthm its coroorate limits and extraterritorial ylannins iurisdiction (ETJ . Orange County's Land Use Plan will apply in the remainder of the Courtesy Review Area. B. Develo ment ro osal. Develo ment ermit ro osals that are to be reviewed under this agreement must meet at least one or more of the following criteria: 4 1 Land use amendment involving five (51 acres. 2 Rezoning involving_five (51 acres. 3 Special Use Permit involving five (51 acres. 4 Conditional Use Permits involving five (51 acres. 5 Annexations involving five (51_ acres. 6. Projects with a residential component of sreater than 50 dwellins 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 materials to Orange County planninn~ staff for review within two (21 working days of a com leted a lication bein submitted. Comments shall then be returned to the _ ~ 5 Town of Hillsborou h lannin staff within five 5 workin da s for inclusion in the Hillsborough rlanning board and/or town board agenda racket. 1 In the case of a voluntary annexation the arrlication is comrlete uron receipt of retition for arplication. 2 In the case of an involuntary annexation the Town of Hillsborough will noti the Orange County rlanning derartment at the time that they noti the effected rrorertv owners of the intent to annex. 3 The Town of Hillsborough will forward a corv of all staff retorts regarding the feasibility of the annexation whether voluntary or involuntary to the ran a our Plannin De artment as art of the notification. B Whenever Orange County receives an arrlication for a develorment rermit as defined in this Agreement relating to land within the Courtesy Review Area, it shall forward two 2 co ies of the full a lication and associated materials to Town of Hillsborough rlanning staff for review within two (21 workin da s of a com leted a lication bein submitted. Comments shall then be returned to the _Orange County rlanning staff within five (51 working days for inclusion in the Orange County rlanning board and/or county commissioner's agenda racket. Section 2.2 Substance of Comments A The Town of Hillsborough may make comments on a develorment rrorosal within the 'urisdiction of Oran a our covered under this A Bement on certain matters of concern. These matters of concern shall include but not be limited to: 1 Utility caracity and efficiency a Town of Hillsborou h staff will rovide written confirmation of availability and/or constraints of utility caracity for develo ment prorosals requesting Town of Hillsborough utility access that are within the iurisdiction of Orange County. b If the develo ment ro osal re uests utilit service from the Town of Hillsborough the Town of Hillsborough Board of Commissioners a ees to rrovide written notice of intention to provide or not rrovide utili service to the rrorosed develorment to the Orange County rlanning staff within two (21 months of receipt of develorment rrorosal arrlication. Oranse County may re,~uire confirmation of intention to provide utili service to the proposed new development from the Town of Hillsboroush as a condition of preliminary plan approval. 2 Transportation issues (traffic and road capacity access to mass transit, etc. B. Orane County may make comments on a development proposal within the 'urisdiction of the Town of Hillsborou h covered under this A Bement on certain matters of concern. These matters of concern shall include but not be limited to: 1 School capacity and planning 2 Emergency mana¢gment services 3 Transportation issues (traffic and road capacity access to mass transit, etc.) 4. Social services 5. Environmental resources Section 2 3 Reauest for Joint Meeting Either 'urisdiction ma re uest a 'oint meetin of the elected boards to discuss a development proposal subiect to courtesy review. The request shall be made in writing by the reviewine iurisdiction when comments are submitted or in writing b_v the approving iurisdiction upon receipt of comments. When either party requests a~'oint meeting the approving.jurisdiction asrees to delay its approval process for the proiect in question in order to accommodate the ioint meetinu. If such a meeting is scheduled the developer will provide five (5) additional copies of the development,~roposal 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. 7 Appendix A Qrange County -- Hillsborough Gourtes~r Review Area .~.-- ~--' ,~ ~, ti .~.., .:~ ~, ~: ~ ~~ ~~ 2 • -T`~" - I ~ - ~ ~ { R ~t y - ~i-~ L " ~~ 'i?T 5 _ 1 ~uC r'~~i 1 ~ ~- t Yt S ~'~ r ~~ ~ ~ ~ rte.; :. ._ ..~ ;~ ~. , • ~ µ • f ~. :. ~~_ ~-1 - _~ a <g e[ .~ / \ / ~\\C~ /~ j Public Roads _,,,.~ ~.._ _.. Sireartrs ° "UPi~r Erro Wver watershed _.... _. ___ ` JaNan Lake Watershed ~~ " 4 ~+ .nwwrta wcy a Uniyeftlty Lake watershed a w+c«nrc r«+wa o^w~^ ! ~~ Cana Creek Watershed ~ ""'##1'""°'r"'""° "6 °LOwer Ena RFwr Watershed M'a"",,,d,,,"o„'°„',"',e a'a. r~*~, ~ LVtite River watershed ~'"'~ r. 1°"r',`„~""°' ° °0 '~ wASA to image county " ,1llf%SCj%G~lOf1S Wa Wr and Sawr Boundaries ""~Oe ~„ec.k ~~ ~ ~ ~~ .~ Primary ServlceArea ,.~~a~v ww «cr «a «aM«.F Hlilshorough w"~" °«"~~ Q Courtesy Revlaw Area Boundary ~". tAebarw Service Area m.a wma.,ae. a.w. co«~a w.,=^a r-=- H{ItsbaroughCity Lindts CreatW O7'~~l~n~ F)c;r>rckv OwASA LOng•Term interest Area n.n.mr~ux erwmw mrcan r«"^^°a`= , ,_~_. OwA5APr4rrnry Service Area .;.roN«aw.a..wa+a.+n«.avrih ~ ~ Hillsborough ETJ Crcary7e C:owny Ptann~rg7 "" nay. r..rnn ai.°~«n¢o.n«mr~: 1 AprN 5. 2002 Orange Co Lon9Tarm Interest Area ~.; ~o...wx. aw..wa «.w.e. ~ Orartgo County Orange Co Primary Service Area QU w w.+w~".rm w...~ti. ~~« «+•~ u.+.~«msar.u.«~w.~wwn.um o+.n...a p 1 2 Miles ~; ~ 8 ORANGE COUNTYITOWN OF HILLSBOROUGH _ COURTESY REVIEW AGREEMENT Public Water and Sewer Coordination Plan I a I `U' I o o °m ~ 1. Pre-application meeting between Orange County Planning Staff and developer. (a) Developer submits two (2) copies of proposed Concept Plan for review with regards to: Feasibility Meets zoning/subdivision regulations Multiple Concept Plans including Yield Plan, Flexible Development/Conservation Cluster with and without public water and sewer. 2_ One copy to Town of Hillsborough for preliminary review. Applicant formally petitions Town of.Hillsborough for Letter of Intent to provide 3• public water and sewer. 4, Town of Hillsborough acts on petition. Orange County Staff and Planning Board review and recommend preferred 5• Concept Plan subdivision design. g, Applicant submits Preliminary Plan to Staff and OC Planning Board. Town of Hillsborough receives Preliminary Plan agency review and begins ~• working on formal Water and Sewer Agreement. OC Planning Board reviews and recommends Preliminary Plan and forwards to S. OC Board of County Commissioners. Town of Hillsborough provides BOCC with interim report with regards to feasibility 9• of providing water and sewer to site. 10. Board of County Commissioners review and act upon application. If BOCC approved, applicant obtains formal Town of Hillsborough water and 11. sewer commitment prior to submittal of Final Plat. Staff reviews Final Plat application and associated documents to ensure 12. compliance with Resolution of Approval. 13. ~ Final Plat recorded.