Agenda - 12-15-2009 - 4g - Laserfiche WebLink

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13 October 12, 2009 Regulaz Meeting Approved: November 9, 2009 Page 9 of 39 Ms. Hauth said the second change was on page 5 under Section 3.2 that spoke to annexation of the Orange County Urbanizing Area, noting the new language said that development within the Orange County Urbanizing Area was intended to occur under Orange County regulations prior to any annexation of lands by the Town. She said that was different from how that was done now, but understood that would match the County's process with what was done with Mebane. Ms. Hauth said when the Town sought annexation they processed the annexation, zoning, and development review all at the same time so that the Town Board, who allocated water and sewer services to the development, could decide to annex it, determine the zoning, and then decide what the development's intensity was to match up with that water and sewer capacity and what was in the best interests of the Town. She said that new language would allow the County to make all those decisions and it would almost be as if they annexed something that was already developed after the fact. Ms. Hauth said an example would be if the County had approved Waterstone in its current state and the Town came in and annexed that development after those approvals were in place. She said that would mean they were accepting that development plan as approved by the County under the County's ordinances. Ms. Hauth said in that scenario they would be accepting something into the Town that the Town had had no review of. '7:45:27 PIS-1 Craig Benedict, Orange County Planning Director, stated that he believed there was some miscommunication regarding that language. He said the way Ms. Hauth had explained that Orange County would be approving something in its totality without any interaction with Hillsborough was not the intent. Mr. Benedict said their intent was that in the orange area on the map the County would have courtesy review, and that the orange area would have an agreed upon Joint Land Use Plan. He said all of the uses within that area, whether it was commercial or residential, would be jointly approved by both the County and the Town, and the zoning used in that area would be approved by the Town in implementation of that area. Mr. Benedict said an annexation agreement with the Town would be a necessary prerequisite in that a person would voluntarily sign a petition to be able to go into the Town's jurisdiction and negotiate a water and sewer extension. He said the size of the development and when it went online would all be subject to the Town's timing, with the only difference being that the review process would occur under Orange County's jurisdiction and at such time the development was complete and a Certificate of Occupancy was obtained, then the Town could annex it. Mr. Benedict said that would be when the tax base went online and when the water and sewer would be available to the site. He said that process would give Orange County the opportunity to review under its planning jurisdiction, but consistent with the Joint Land Use Plan and zoning agreed upon by both the County and the Town. ?:47:34 PM Mr. Benedict said the blue area on the map was the area outside of Hillsborough's ETJ, and the Town could annex that area and have complete zoning authority of that area in accordance with the joint plan. He said the only difference with the amendment they were making was that annexation would occur after the development was complete, but that development would be consistent with the Joint Land Use Plan and consistent with an agreement upon zoning designation that would implement that Joint Land Use Plan. Mr. Benedict said mention had been made of Mebane, and in some of the areas that Mebane had agreed to service with water and sewer they had gone through a similar voluntary annexation agreement so that the land could be annexed at some point in the future. He said that allowed the 9