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

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14 October 12, 2009 Regular Meeting Approved: November 9, 2009 Page 10 of 39 County to be able to review the development applications, noting if they did not have that provision then all the areas noted in orange and blue on the map would be just the same as if they were all blue, because Hillsborough could annex it and then the County's zoning regulations would not apply because the Town's zoning regulations would. Mr. Benedict said the last important part of the agreement was that whatever zoning they used in the orange area was going to be very similar if not an element of the Town's zoning code, because they understood there would be annexation of that area in the future and they did not want a County urban-looking development to be different than a Town urban-looking development. He said the purpose of the Joint Land Use Plan was to have it all work together. 7:49:50 PM Commissioner Hallman said the critical piece of that was that they had not yet agreed to any Joint Land Use Plan, so trying to understand it without that in place was difficult. He said they were not set up for any kind of Town approval in the orange area at all. Mr. Benedict said they did not really have a district, but that showed how important that Joint Land Use Plan would be as well as the joint implementation plan. Commissioner Hallman said his thought was there was a likelihood that in the next 15 to 20 years that the Town would annex into the blue area but be much less likely to do so in the orange area. Ms. Hauth said the way Mr. Benedict laid it out, it sounded as if there was no difference between the orange and the blue except for the Board that was approving it. But, she said, she could not help wondering why the County would want to review and approve something and oversee it all through construction only for the Town to annex it. Ms. Hauth said they had learned a very important lesson with Gold Park that depending on who was reviewing something, the interpretation of the regulations was very different. She said while it was fine to say there really would not be much difference, it still came down to the Orange County Commissioners and the Orange County Planning staff would be reviewing and approving projects that the Town would be committed to accepting from that point forward. Ms. Hauth said she did not understand why and did not see the benefit to anyone of doing it that way. She said it seemed to introduced all the heartache and difficulty they had experienced when looking at The Preserve, in that The Preserve had applied to the Town for water and sewer but the Town had no way to participate in the review of the subdivision even though they were asked to commit water and sewer to it. She said they had not been able to discuss such things as road improvements and other impacts. Mayor Stevens said the reverse would also be true, in that if the provisions were reversed then the Town would be doing all the reviews and approvals. He said his point was why put that area in the orange, asking what the difference was. Ms. Hauth said the difference was that they wanted to talk about having a joint adopted land use and if that did not match that plan then they would at least have to touch base with the County Board and go through some kind of process, rather than just annexing it. She said it was based more on the agreement on the land use side rather than the zoning regulations side. 7:54:1.5 PAQ Commissioner Gering said he would like to understand how the process would work with respect to the water/sewer agreements. He asked was there any part of the orange area that currently had water and sewer services. Mr. Benedict said he did not believe so, noting that 10