Minutes - 20021106 - Laserfiche WebLink

Browse Search

Metadata

Thumbnails

Annotations

Commissioner Carey said that as one that has served on this committee and having sat through many hours of discussion about an essential public facility, he asked about the definition of an essential public facility that would warrant extension beyond the line to serve. Craig Benedict said that the definition was in section three of the agreement. The definition is as follows: A publicly owned facility (example: school, fire station, or solid waste convenience center) that provides a service for the health, safety, and/or general welfare of County residents. The water and sewer lines extended can only serve the intended use. Commissioner Gordon said that she assumed that this agreement would stay the same and as long as we are not planning actively to change the agreement, then the Board does not have to do anything. She does not think that there is a request to change anything. Commissioner Brown asked if this was put on the agenda by a request from Chapel Hill specifically speaking to moving the water and sewer boundary for specific properties. Chair Jacobs said that there was a request to Chapel Hill as to what would be the process. Craig Benedict said that the first part of the process would be for Chapel Hill to change the comprehensive plan. The second part would be to establish this as an essential public facility and see if it works within the guidelines. The third part would be to readdress this in the JPA process, with a public hearing to examine the map that is part of the joint planning area. Commissioner Carey asked if all parties to the agreement would have to sign off on this before anyone could change it. Craig Benedict deferred to County Attorney Geoff Gledhill. Geoff Gledhill said that if a location for a school were outside of the transition area as defined in the joint planning area land use map, then it would require all three governments to agree to a change to expand this boundary. However, if the property is within the transition area but outside of the urban services boundary, then the water and sewer management and planning boundary agreement would permit the extension under the conditions specified in that agreement. It would only be a matter of there being an agreement by the water and sewer provider to provide a system to the location. There would also have to be an agreement by the funding agency to pay for a dedicated public water and sewer line to the facility. There would also have to be an agreement by the local government that does the planning to allow the construction of the facility. Commissioner Brown said that to say something about this would give clarity to the situation because there are three possible school sites for a high school. There is a time frame that the school boards are working under to locate a site for a high school. She said that the school board does not have the background for all of these land use planning and inter-local agreements and it would be wise to point out to the school board why there is a reluctance to break all of these agreements. She explained the public process that took place for this area along Smith Level Road. The specifics go back to 1989 when Chapel Hill started their small area plan. She was a member of this process. There were many public meetings to determine how that southern triangle would be developed. The urban village idea was developed by Mr. Bryant, who developed Southern Village. It was designated that the density of population would be put in the Southern Village and that the surrounding areas would be set aside for protection for natural area, an entranceway corridor for Chapel Hill, and specifically on Smith Level Road, the protection of University Lake Watershed. The small area plan was the basis for a new comprehensive plan for Chapel Hill. She said that it was an amazing