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

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16 October 12, 2009 Regular Meeting Approved: November 9, 2009 Page 12 of 39 Commissioner Hallman said that did cause him some concern, noting that as he read through the new language and then referred to Section 3.9.B, that there was no guarantee that the zoning changes would occur in accordance with the Town's rules. 8:01:1.5 .PM Mayor Stevens said it might be okay if the land use was already determined, but at this point it had not been. Mr. Benedict said the in Section 3.9.B, it said that the amendments would not become effective until both Boards agreed to it. He said if the Town never agreed to it, then it never happened. He said the zoning that would be used in the orange area that would be implemented if that revision was accepted would be a zoning category that the Town would have agreed to. Mr. Benedict said what they were suggesting with the orange area was that the County would administer it and then it could be annexed at whatever point the Town could provide the water and sewer allocation. He said if they did not have that provision, then the orange areas might as well be blue because it would be annexable by the Town at any time and there may not be an opportunity at all for Orange County to do any urban fringe planning. Mr. Benedict said if it could be annexed without any development review process then Orange County would have nothing to do with even the orange area because it could be annexed by the Town and the rules would be whatever was jointly agreed to by the County. 8:03:34 PM Mayor Stevens said then what were they trying to accomplish with this. Mr. Benedict said they believed they could have planning standards that could implement the joint agreement adequately, and that the County could do it as well as the Town could do it for the orange area because that was on the distance horizon. He said they agreed that Hillsborough was more interested in the ETJ and blue areas, so why not leave the orange areas for County urban planning until such time as the Town wanted to annex it and offer water and sewer Commissioner Hallman said with the current zoning standards, you could not develop south of I- 40 but to one unit per two acres. Mr. Benedict said there were some areas that were within the Economic Development Zone which could be developed to a higher intensity. Commissioner Hallman said it seemed that it would be self defeating to the County to develop under its ordinances at much less density that the Town might have and not let the Town go ahead and exercise its zoning ordinances in the orange area. Mr. Benedict said they would not develop the orange areas at any of the current standards, noting they were waiting to implement that with the Interlocal Agreement. He said there was no Interlocal Agreement zoning standards now, rather they wanted the agreement to develop those standards by looking at Town standards in the blue area and County standards in the orange. Mr. Benedict said they would not be developing in the orange area at the one unit per one acre standard that they had now because that was not the intent of the urban designated area. Commissioner Hallman said then it seemed that adding that language to Section 3.2 was premature, and it could be addressed in the Joint Land Use Plan and not in the agreement. Mr. Benedict said if the Town wanted to address it at a later date, after the Town and the County agreed to a Land Use Plan and zoning standards to implement the Interlocal Agreement they could put it back in at that time if the Town was comfortable with it. 8:06:1.4 PM Mayor Stevens agreed he believed the language was putting the cart before the horse. Mr. Benedict said in the case of the -blue areas the County was putting the cart before the horse. He said the County was willing to allow the Town to do urban standards outside its ETJ 12