AGENDA #14
MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Proposed Joint Planning Agreement with Durham City and County
DATE: August 26, 2002
The attached resolution would adopt a more formal joint planning process with the City of Durham and Durham County.
BACKGROUND
The Town of Chapel Hill, Durham City and Durham County developed a cooperative agreement in the early 1990’s establishing the Durham-Chapel Hill Work Group. This group, composed of elected officials from each governing board and a representative from each jurisdiction’s Planning Board, has met regularly since that time to share information related to current development and long-range planning projects affecting the areas along each other’s jurisdictional borders.
On February 26, 2001, the Council received a report on Durham’s NC54/40 Study. This report provided details about proposed land use patterns, a transit center, and proposed thoroughfares shown entering Chapel Hill.
On October 10, 2001, Mr. Ed Harrison (as a citizen) petitioned the Council to send a letter to Durham City and County concerning initiation of a joint planning process. The Council authorized the Mayor to send such a letter that night (please see Attachment 2 for a copy of the letter).
On April 8, 2002, the Council adopted goals for 2002-2003, which included a goal of establishing joint planning procedures with Durham County.
The Durham-Chapel Hill Work Group has discussed the outlines of a potential agreement at its quarterly meetings. On June 12, 2002, the Work Group considered a possible agreement and map, and asked that the proposal be forwarded to each of the three elected boards of Chapel Hill, Durham City, and Durham County.
DISCUSSION
The proposal under discussion is to establish a formal mechanism for information-sharing and courtesy reviews for long-range plans and current development applications in an area on the east side of Chapel Hill and the western portions of Durham and Durham County.
The attached resolution was presented to the Durham-Chapel Hill Work Group on June 12, and incorporates subsequent proposed amendments as the result of review by the attorneys of the jurisdictions. Attachment 1 to the draft resolution shows the proposed area in which the joint planning process would apply.
The proposal envisions a courtesy joint review process. When an application is submitted in one jurisdiction, a courtesy copy would be sent to the others. The other jurisdictions would have the opportunity to offer comments within a specified time period. Approval authority would stay with the jurisdiction.
The process to enact the agreement would be a resolution by each party; and the process to terminate the agreement would be a resolution by any party.
RECOMMENDATION
The proposed joint planning process would enhance the process of consultation among the Town of Chapel Hill, the City of Durham, and Durham County in a geographic area of mutual planning interest, for both long-range planning and current development proposals.
We recommend the Council adopt the attached resolution establishing the intent of Durham County, Durham City, and the Town of Chapel Hill to cooperate with regard to planning decisions, including the map in Attachment 1 to the resolution.
ATTACHMENT
A RESOLUTION ESTABLISHING THE INTENT OF DURHAM COUNTY, DURHAM CITY, AND THE TOWN OF CHAPEL HILL TO COOPERATE WITH REGARD TO PLANNING DECISIONS IN CERTAIN DEFINED AREAS (2002-08-26/R-21)
WHEREAS, the governing bodies of Durham County, NC; the City of Durham, NC; and the Town of Chapel Hill, NC desire to foster good relations; and
WHEREAS, all three governing bodies and their staffs wish to engage in a process of mutual dialogue to obtain a better understanding of the needs and goals of each community; and
WHEREAS, all three governing bodies seek to have appropriately planned development for their respective areas; and
WHEREAS, all three governing bodies currently carry out established public review processes on planning activities that provide an opportunity for public review and comment from citizens as well as from other jurisdictions; and
WHEREAS, all three governing bodies acknowledge the urbanization potential of properties near the Orange/Durham County line in the vicinity of Chapel Hill and consequently the need to coordinate land use and transportation, development, and service delivery issues that arise in this general vicinity; and
WHEREAS cooperation amongst neighboring jurisdictions will foster and maintain a system of sound land use planning and regulation which can be relied upon by the public and private owners of land as a basis for investment decisions, the protection of the environment, and a climate conducive to the healthy economic and social growth and development of the three jurisdictions;
NOW, THEREFORE BE IT RESOLVED that:
1) The administrative staffs of each jurisdiction shall coordinate with each other on a timely basis within the current framework and schedule of the local development review process in order to provide an opportunity for review and comment on rezoning requests, special use permits, subdivisions, site plans, and annexations proposed for land within the Joint Review Area, near the Orange/Durham County line, as shown in Attachment A.
2) The administrative staffs of each jurisdiction shall pursue cooperative efforts to coordinate long-range plans and development regulations and provide an opportunity for review and comment on a timely basis and within the established project schedules for land within the Joint Review Area, near the Orange/Durham County line, as shown in Attachment A. The objectives of this cooperation are to:
a. Seek compatible uses of land and natural resources;
b. Achieve a smooth transition between areas of development within each jurisdiction;
c. Provide an appropriate entryway into each jurisdiction from the other; and
d. Encourage orderly development and the efficient delivery of urban services, which will maintain and enhance property values in each jurisdiction.
3) This resolution shall be effective upon its adoption by all of the above jurisdictions;
4) Any signatory jurisdiction may rescind their agreement with this resolution by subsequent resolution of its governing Board.
Adopted by the Town of Chapel Hill:
____________________________ ________________________
Mayor Date
____________________________ Seal:
Town Clerk
Adopted by the City of Durham:
Adopted by the County of Durham:
This the 26th day of August, 2002.