AGENDA #4f
MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Report on Extension of the Joint Planning Agreement
DATE: November 12, 2001
This memorandum proposes a process to begin discussions with the Town of Carrboro and Orange County to extend the annexation provisions of the Joint Planning Agreement. The attached resolution would authorize the Mayor to request a joint discussion at the next Assembly of Governments meeting, followed by consideration of a proposal at a Joint Planning public hearing.
On September 10, 2001, the Town Council requested the Town Manager and Town Attorney to prepare a report on steps needed to begin discussions with Carrboro and Orange County to extend the terms of the Joint Planning Agreement.
Orange County, Chapel Hill, and Carrboro adopted the Joint Planning Agreement on November 2, 1987. The Agreement provided Chapel Hill and Carrboro with some planning and zoning control over future growth areas outside of each Town’s extraterritorial planning jurisdiction (ETJ). Joint planning also provided the opportunity for the County to retain some zoning control over these growth areas while also setting a limit for urban development and providing a transition from an urban to a rural environment (rural buffer).
Joint planning transition areas were established for Chapel Hill and Carrboro in which the County retains zoning control using the standards of the respective jurisdictions. A joint land use plan was adopted by the three parties governing the area, and changes to the land use plan are approved by all three parties. Joint public hearings are held to consider land use and zoning amendment proposals.
Rural buffer areas are established in which the towns have courtesy review of proposed projects. The County is responsible for administration of development ordinances in the Rural Buffer. The Rural Buffer is projected to remain rural in character, and not require urban services.
The Agreement has two annexation provisions. Chapel Hill and Carrboro agree not to annex into the Rural Buffer, and agree not to annex into each other’s Transition area.
Section I.3.B of the Joint Planning Agreement provides that the Agreement remains in effect until terminated by mutual agreement or by withdrawal of any party. Therefore, there is no expiration date to the agreement itself.
Section I.3.B also provides that the annexation provisions of the Agreement are valid for not more than twenty years and may thereafter be renewed. Therefore, the annexation provisions will expire on November 2, 2007. A party could propose extending the terms of the Agreement related to annexation by proposing a text amendment to the Agreement.
Section 2.6.F. provides that proposed amendments to the text of the Agreement shall not become effective until approved by the Towns and an Orange County ordinance adopting the amendment is adopted by Orange County. The Agreement does not specify the process for initiating an amendment to the text.
In practice, an amendment may be initiated by request of one of the parties, and/or all three parties may agree to consider it. Therefore, if the Council wishes to pursue extension, we recommend the Council request that Carrboro and Orange County amend the Joint Planning Agreement to extend the terms relating to the annexation provisions and hold a joint public hearing on the proposal. The topic could be discussed informally first at an Assembly of Governments meeting (next date unscheduled), if the Council desires. Joint hearings are typically scheduled semi-annually in April and October of each year.
We recommend that the Council request the Town of Carrboro and Orange County to consider amending the Joint Planning Agreement to extend the terms relating to the annexation provisions and to hold a joint public hearing on the proposal. We also recommend that the Council suggest jointly discussing the idea first at the next Assembly of Governments meeting, likely to be held in April 2002. The attached resolution would authorize the Mayor to transmit this request to the Town of Carrboro and Orange County.
A RESOLUTION REQUESTING INITIATION OF A PROCESS TO AMEND THE JOINT PLANNING AGREEMENT TO EXTEND THE TERMS OF THE ANNEXATION PROVISIONS (2001-11-12/R-5)
WHEREAS, the Town of Chapel Hill is party to a Joint Planning Agreement with the Town of Carrboro and Orange County to provide a method of coordinated and comprehensive planning for areas that are of general interest to all three jurisdictions; and
WHEREAS, the annexation provisions of said Agreement expire in twenty years, and may thereafter be renewed;
NOW, THEREFORE BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Mayor to transmit a request to the Town of Carrboro and Orange County that they consider an amendment to the Joint Planning Agreement to extend the annexation provisions of the Agreement and to hold a joint public hearing; and
BE IT FURTHER RESOLVED that the Council suggests the parties first hold a joint discussion at the next Assembly of Governments meeting to explore this proposal.
This the 12th day of November, 2001.