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i <br /> COLEMAN, GLEDHILL & HARGRAVE ALONZO BROWN COLEMAN,JR. <br /> A PROFESSIONAL CORPORATION GEOFFREY E.GLEDHILL <br /> 129 E.TRYON STREET DOUGLAS HARGRAVE <br /> P.O.DRAWER 1529 KIM LC SIFIFAN <br /> HILLSBOROUGH,NORTH CAROLINA 27278 JANET B.DUTTON <br /> (919)732-21% January 16, 1996 DOUGLAS P.tHOREN <br /> FAX(919)732.7997 SAMUEL ELY COLEMAN <br /> Mr. Marvin Collins <br /> Director <br /> Orange County Planning Department <br /> Post Office Box 8181 <br /> Hillsborough, North Carolina 27278 <br /> RE: Joint Planning Area Development Moratorium <br /> Dear Marvin: <br /> This letter is to bring you to up to date about discussions <br /> that I have had with Mike Brough concerning Carrboro's interest <br /> in establishing a development moratorium in the transition area <br /> of the Carrboro joint development review area. As you'll <br /> probably remember, development moratoria are permitted under <br /> North Carolina law provided they are adopted following the <br /> procedural requirements of any applicable Zoning Ordinance and <br /> the enabling legislation for planning regulations. Generally that <br /> means that they can only be adopted following a properly <br /> conducted public hearing. Vulcan Materials Company, Inc. v. <br /> Iredell County, 103 N.C.App. 779, 407 S.E.2d 283 (1991) . <br /> However, strictly speaking, they are not land use plan <br /> decisions or zoning map decisions and they don't prescribe <br /> development requirements that are typical of zoning ordinance <br /> text. What they are is a restriction on permit administration. <br /> That is, they prohibit the processing of applications for <br /> development. As such, they don't neatly fit into the Joint <br /> Planning Agreement and the way in which it is administered among <br /> the County, the Town of Chapel Hill and the Town of Carrboro. <br /> What is clear, however, is that it was probably not contemplated <br /> that moratoria would occur in the Joint Planning Area without <br /> some concurrence by at least Orange County. <br /> To resolve this problem, Mr. Brough and I have come up with <br /> a two step plan. The first step will involve Carrboro proposing <br /> an amendment to its Land Use Ordinance pursuant to Section 2.6.0 <br /> of the Joint Planning Agreement. Enclosed is a copy of a draft <br /> of the proposed amendment that I received from Mr. Brough's <br /> office. The second step will be a proposed amendment to the <br /> Joint Planning Agreement proposed by Carrboro for consideration <br /> hopefully at the April 1996 Joint Planning Area Public Hearing. <br /> The Joint Planning Agreement would be amended probably in Section <br /> 2.3 and 2 .4, each of which cover permit administration, Section <br />