AGENDA #4c
MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Joint Planning Agreement – Extension of Provisions Related to Annexation
DATE: December 9, 2002
The attached resolution would extend the annexation provisions of the Joint Planning Agreement an additional twenty years.
On October 9, 2002, the Orange County Board of Commissioners, the Carrboro Board of Aldermen, and the Chapel Hill Town Council held a joint public hearing to receive public comment on a proposal to extend for 20 years the annexation time limits specified in the Joint Planning Agreement (see Attachment 1). A petition received at the hearing is included as Attachment 2. The Chapel Hill Town Council voted unanimously to refer the proposal back to the Planning Board for a recommendation to the Town Council. On November 19, 2002, the Planning Board unanimously recommended that the Town Council extend the annexation provisions of the Joint Planning Agreement (see Attachment 3).
On November 2, 1987, the Orange County Board of Commissioners, the Carrboro Board of Aldermen, and the Chapel Hill Town Council executed a Joint Planning Agreement. The execution of this Agreement followed a decade of discussions about how to best plan for and manage growth in the areas immediately outside the municipal boundaries of Chapel Hill and Carrboro. Authority to execute the agreement was achieved through passage of special enabling legislation by the North Carolina General Assembly. The Agreement has been amended four times.
DISCUSSION
The Joint Planning Agreement established a Rural Buffer, as well as Transition Areas. As noted in Article 3 of the Joint Planning Agreement, two key components to the Agreement are that neither Chapel Hill nor Carrboro may annex into the Rural Buffer, and that neither Chapel Hill nor Carrboro may annex into the other’s Transition area. Since the Agreement was adopted in September 1987, Chapel Hill and Carrboro have adhered to these annexation provisions.
The second sentence in Section 1.3.B of the Joint Planning Agreement states: “Subject to termination provisions of this Agreement, annexation provisions of this Agreement shall be valid for not more than 20 years and may be thereafter renewed.” These provisions will expire in July 2006 if they are not renewed. The Joint Planning Agreement itself, however, is not time-limited. According to Section 1.3.B, the Joint Planning Agreement itself “shall remain in effect until terminated by mutual agreement or by withdrawal of any party.” A party may withdraw after holding a public hearing and providing written notice to the other parties; the withdrawal is effective one year after the written notice.
The proposed amendment to the Joint Planning Agreement would be an addendum to the Joint Planning Agreement. The addendum would extend the annexation provisions of the Agreement 20 years from the date of execution of the Addendum.
Status of Joint Planning Matters
There are several outstanding issues and initiatives related to the Joint Planning Agreement awaiting resolution, including:
· Joint Planning Annexation Provisions
· Chapel Hill Comprehensive Plan
· Greene Tract
· Public Works Site
· Discussions Concerning Southern Area
Below we provide a summary and status report on joint planning matters pending before Chapel Hill, Carrboro, and Orange County.
Joint Planning Annexation Provisions: Chapel Hill requested consideration of this amendment to extend the annexation provisions of the Joint Planning Agreement for another 20 years. It was discussed at an Assembly of Governments meeting in April 2002, and heard at public hearing in October 2002. Consideration is pending by Chapel Hill, Carrboro, and Orange County.
Chapel Hill Comprehensive Plan: On May 8, 2000, the Town Council adopted a new Comprehensive Plan for Chapel Hill that included a Land Use Plan. Chapel Hill requested that the Joint Planning Area Land Use Plan be amended to reflect Chapel Hill’s new plan in the northwest area. However, at an April 29, 2002 Assembly of Governments meeting, the governing boards discussed the status of the proposed amendment, and decided to consider the Comprehensive Plan amendments after resolving the issues relating to the disposition of the Greene Tract.
On April 11, 2001, a Joint Public Hearing was held on incorporating the Town’s Land Use Plan into the Joint Planning Land Use Plan and Map to incorporate the Town’s Comprehensive Plan in the northwest area Joint Planning Transition Area. Chapel Hill adopted the amendment on May 7, 2001 (with the Greene Tract as Housing/Open Space), and Carrboro adopted it in June, 2001 (calling for the Greene Tract as Public Use). The Orange County Board of Commissioners has not acted.
Greene Tract: Chapel Hill, Carrboro, and Orange County elected representatives participated in a joint Greene Tract Work Group to develop a concept plan for the 104 acres of the Greene Tract remaining in joint ownership. Chapel Hill adopted the proposal on November 11, 2002, and Carrboro adopted it on November 19, 2002. Consideration by Orange County is scheduled for December 10, 2002.
Public Works Site: Chapel Hill’s 2000 Land Use Plan in the Comprehensive Plan designates a Public Works site north of Eubanks Road. Subsequently, the Town Council authorized acquisition of property in the area generally designated on the Plan. A portion of the property acquired lies outside the Town’s Urban Services Area and is within the Rural Buffer. The terms of the Joint Planning Agreement and the Water and Sewer Boundary Agreement (which has been incorporated into the Joint Planning Agreement by reference) would currently limit possibilities for development of this site.
Discussions Concerning Southern Area: At the April 2002 Assembly of Governments meeting, elected officials heard a report on the status of land use, zoning, and jurisdictional context for the southern portion of Chapel Hill’s Transition Area within the Joint Planning Area. As a result of the adoption of the 2000 Comprehensive Plan, the southern Transition Area is no longer within the Town’s Urban Services boundary. The Chapel Hill Town Council agreed to discuss the matter further. To date, this discussion has not been scheduled on a Council agenda.
If the Town Council approves the attached resolution to extend the annexation provisions of the Joint Planning Agreement, the Council’s action would be referred to the Orange County Planning Board and County Commissioners. The Carrboro Planning Board and Board of Aldermen are also acting on the proposed extension of the annexation provisions prior to final action by the Orange County Board of Commissioners. The proposed schedule for review is as follows:
Chapel Hill
November 19, 2002 – Planning Board Recommendation
December 9, 2002 – Town Council Decision
Carrboro
November 21, 2002 – Planning Board Recommendation
January 21, 2003 – Board of Aldermen Decision
Orange County
February 5, 2003 – Planning Board Recommendation
February 18, 2003 – County Commissioners Decision
If the Orange County Board of Commissioners adopts the resolution extending the annexation provisions, then each party (Chapel Hill, Carrboro, Orange County) would sign the addendum to the Joint Planning Agreement.
We believe that the Joint Planning Agreement has served the citizens of Carrboro, Chapel Hill, and Orange County well, and is a model for how cooperative planning can be achieved among neighboring jurisdictions. As we approach the twentieth anniversary of the Agreement, we believe it is reasonable to extend the annexation provisions of the Agreement for another 20 years.
Planning Board Recommendation: On November 19, 2002, the Planning Board unanimously (vote 10-0) recommended that the Town Council extend the annexation provisions of the Joint Planning Agreement (see Attachment 3).
Manager’s Recommendation: We recommend the Town Council adopt the attached resolution extending the annexation provisions of the Joint Planning Agreement.
1. Joint Planning Public Hearing Agenda Item, October 9, 2002 (p. 6).
2. Petition submitted at Joint Public Hearing (p. 12).
3. Planning Board Summary of Action (p. 18).
A RESOLUTION AUTHORIZING AN ADDENDUM TO THE JOINT PLANNING AGREEMENT TO EXTEND THE ANNEXATION PROVISIONS OF THE AGREEMENT AN ADDITIONAL TWENTY YEARS (2002-12-09/R-4)
WHEREAS, Orange County, the Town of Chapel Hill, and the Town of Carrboro entered into a Joint Planning Agreement, dated September 22, 1987, as amended; and
WHEREAS, Carrboro, Chapel Hill, and Orange County have worked cooperatively since the adoption of the Joint Planning Agreement on matters related to annexation, as specified in the Agreement;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Mayor to execute, on behalf of the Town, the addendum to the Joint Planning Agreement contained in Exhibit A to this resolution, thereby extending the annexation provisions of the Joint Planning Agreement twenty years from the date of the execution of the addendum.
This resolution shall become effective upon adoption by the governing bodies of Orange County, Chapel Hill and Carrboro.
This the 9th day of December, 2002.