HomeMy WebLinkAboutAgenda - 09-05-2013 - 5s1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: September 5, 2013
Action Agenda
Item No. 5 -s
SUBJECT: Consent to Chapel Hill to Proceed with Chapel Hill Extraterritorial Jurisdiction
(ETJ) Expansion Process
DEPARTMENT: Manager, Attorney, Planning PUBLIC HEARING: (Y /N) No
and Inspections
ATTACHMENT(S): INFORMATION CONTACT:
1. Original Letters from and to Chapel Hill Frank W. Clifton, Jr., County Manager,
Town Manager Roger Stancil 919 - 245 -2300
2. August 26, 2013 Letter of Request from James Bryan, Staff Attorney,
Deputy Town Manager Florentine Miller 919 - 245 -2319
Regarding Consent to Proceed Craig Benedict, Planning Director,
3. Proposed ETJ Boundary Map 919 - 245 -2592
4. Proposed Letter from Frank W. Clifton
Regarding Consent
PURPOSE: To offer consent of the request from the Town of Chapel Hill for the Town to begin
the process to expand its extraterritorial jurisdiction (ETJ).
BACKGROUND: Over the last few years, Chapel Hill, Orange County and Carrboro have
made concerted efforts to comprehensively plan for existing and future development in the
Rogers Road area. This general area is within the 1987 `Joint Planning Agreement (JPA)' area
of the aforementioned local governments to assist in a long range planning program.
Recent area Historic Rogers Road task force discussion, related to the area, accents the
interest in public sewer system for the area. Chapel Hill's coordinated investment in this area
using potential community development grants could be accomplished by a change in planning
jurisdiction from its present state of being part of the JPA (with county `ceded' planning
authority to Chapel Hill) to a more conventional Chapel Hill ETJ pursuant to Article 19 and
160A -360 NCGS.
"When a city adopts an extraterritorial boundary ordinance, the city acquires
jurisdiction for all of its ordinances adopted under Article 19 of Chapter 160A of the
General Statues and the county loses its jurisdiction for the same range of
ordinances. This includes not only zoning and subdivision ordinances, but also
housing and building codes and regulations on historic districts and historic
landmarks, open spaces, community development, erosion and sedimentation
control, floodways, mountain ridges, and roadway corridors."
(Excerpt from Extraterritorial Zoning Authority, David W. Owens, Professor, IOG,
UNC -CH, March 2006)
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The proposed attached letter could be informally termed a consent notice to Chapel Hill to
proceed. This is in advance and not required specifically in the various steps outlined in North
Carolina General Statute 160A -360 for ETJ designation to be conducted by the Town of
Chapel Hill. Once various aspects of ETJ expansion occur including, but not limited to, notice
and public hearing, Orange County can act on a `final' resolution of the ETJ expansion.
Please note: This consent does not bind existing or future BOCC on a later decision
regarding the final approval of the ETJ expansion request.
Preliminary research of the criteria for Chapel Hill ETJ expansion appears to be in order,
pending the steps outlined in the statute. This will also include Chapel Hill Planning Board and
Board of Adjustment ETJ representation which includes involvement from the BOCC.
A map is attached which outlines the area. This area is also the entire northwest area of the
Chapel Hill /Orange JPA area. The land use designations and current zoning district
designations are intended, at this writing, to remain in place and consistent with existing JPA
categories.
FINANCIAL IMPACT: There is no financial impact directly with the approval of this consent
resolution. However, at the conclusion of the statutory process for Chapel Hill ETJ expansion,
Chapel Hill reports that they could consider financial participation with funding scenarios for
public sewer in the Rogers Road area.
RECOMMENDATION(S): The Manager recommends the Board approve the attached draft
letter.
Attachment 1
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ORANG . � O O",OU1 _i ■
COUNTY MANAGER'S OFFICE
3
200 South Cameron Street Frank W. Clifton, County Manager Phone (919) 245 -2300
Post Office Box 8181 Fax (919) 644 -3004
Hillsborough, North Carolina 27278
July 29, 2013
Roger Stancil, Town Manager
Town of Chapel Hill
405 Martin Luther King Jr. Blvd.
Chapel Hill, NC 27514 -5707
Dear Roger:
Orange County administration has reviewed your letter and interest to extend Chapel
Hill's extra - territorial jurisdiction (ETJ) to include areas within the Historic Rogers Road
Neighborhood which is currently within Chapel Hill's and Orange County's Joint
Planning Transition Area. We are in agreement that an ETJ designation, as you state,
would facilitate the use of community development funding available to the Town to
assist with sewer and /of water service in the area.
We have informed our Board of County Commissioners of Chapel Hill's intent to
proceed with the ETJ expansion process which will later include an action of the Board.
We have accented your interest in an expedited process.
Chapel Hill ETJ would replace the similar aspects of development planning, permitting
and approval that had been ceded to Chapel Hill from Orange County in the 1987 Joint
Planning Agreement. We can meet in the next few weeks to make sure the process,
timeline and disposition of jointly owned lands within the JPA and future ETJ are
understood.
We'll send some times for a meeting with Attorneys and Planning Directors.
Thank you.
xc: Orange County Board of Commissioners
John Roberts, Orange County Attorney
Michael Talbert, Assistant County Manager
Craig N. Benedict, Planning & Inspections Director
An Equal Opportunity /Affirmative Action Employer
www.orangecountVncgov
0
July 1, 2013
Mr. Frank W. Clifton, Manager
Orange County
P.O. Box 8181
Hillsborough, NC 27278
Dear Mr. Clifton:
TOWN OF CHAPEL HILL
Town Manager's Office
405 Martin Luther King Jr. Blvd.
Chapel Hill, NC 27514 -5707
phone (919) 968 -2743 fax (919) 969 -2063
www.townofchapelhill.org
I am writing to relay the request of the Chapel Hill Town Council for Orange County to consider
the extension of the Town's Extraterritorial Jurisdiction.
On June 24, 2013, the Chapel Hill Town - Council voted 7 -0 to initiate a process with the County to
extend the Town's extraterritorial jurisdiction to the area within the portion of the Historic
Rogers Road Neighborhood currently within Orange County's jurisdiction and Chapel Hill's Joint
Planning Transition Area.
The Chapel Hill Town Council has asked that, if possible, the process to consider extension of
extraterritorial jurisdiction be expedited and that this matter be calendared at the Council's
September 9 meeting for the Council to begin its required steps. As you are aware, the purpose
of extending the Town's ETJ is to facilitate the use of community development funding
available to the Town to assist with sewer and /or water service to property owners in this area
who qualify for such assistance.
The Town Council also asked that the Managers continue discussion of a possible Utility District
with our partners including local jurisdictions, OWASA, and the Chapel Hill Carrboro City
Schools. Further, the Council requested continued discussion with Self -Help and the Jackson
Center, too, in order to broaden the options we will be exposed to as we consider planning and
funding.
Please let me know when you would be available to discuss these matters. I would like to
arrange for the Town Attorney and Planning Director to join me for the discussion.
rWl
R L. Stancil
Town Manager
cc: Ralph Karpinos, Town Attorney
J.B. Culpepper, Planning Director
5
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August 26, 2013
ATTACHMENT 2
Mr. Frank W. Clifton, Manager
Orange County
P.O. Box 8181
Hillsborough, NC 27278
Dear Mr. Clifton:
TOWN OF CHAPEL HILL
Town Manager's Office
405 Martin Luther King Jr. Blvd.
Chapel Hill, NC 27514 -5707
phone (919) 968 -2743 fax (919) 969 -2063
www.townofchapelhill.org
I am writing to relay the map that accompanies the Chapel Hill Town Council's June 24 request
for Orange County to consider the extension of the Town's Extraterritorial Planning Jurisdiction.
On June 24, 2013, the Chapel Hill Town Council voted 7 -0 to initiate a process with the County to
extend the Town's extraterritorial jurisdiction to the area within the portion of the Historic
Rogers Road Neighborhood currently within Orange County's jurisdiction and Chapel Hill's Joint
Planning Transition Area.
The Chapel Hill Town Council has asked that, if possible, the process to consider extension of
extraterritorial jurisdiction be expedited. As you are aware, the purpose of extending the
Town's ETJ is to facilitate the use of community development funding which may be available to
the Town to assist with sewer and /or water service to property owners in this area who qualify
for such assistance.
The Town Council also asked that the Managers continue discussion of a possible Utility District
with our partners including local jurisdictions, OWASA, and the Chapel Hill Carrboro City
Schools. Further, the Council requested continued discussion with Self -Help and the Jackson
Center, too, in order to broaden the options we will be exposed to as we consider planning and
funding.
Last week our Attorneys and Planning Directors met to discuss next steps in the ETJ extension
process. I understand that the request to proceed with the ETJ extension is tentatively on the
Board of County Commissioners' calendar for review on September 5th. The Chapel Hill Town
Council has a tentative agenda item to call a Public Hearing to consider the proposed extension
of the Town's ETJ on September 23`d. We anticipate that the Public Hearing could be as early as
October 21st with action possible in November to extend the Town's extra- territorial jurisdiction,
with enactment of Town zoning regulations for this area shortly thereafter. Based on the
discussion among the planners and attorneys, it is anticipated that the Town's zoning
regulations which will be proposed for this area will correspond to the zoning presently in place
pursuant to the Joint Planning Agreement. Following enactment by the Town, it is our
understanding that it is also necessary for the Board of County Commissioners to adopt a
resolution approving the action to extend the ET1.
Please let me know if you need additional information.
incere y,
Florentine Miller
Deputy Town Manager
Attachment
cc: Ralph Karpinos, Town Attorney
J.B. Culpepper, Planning Director
James Bryan, County Attorney
Craig Benedict, Orange County Planning and Inspections Director
7
Attachment 3
Proposed Extraterritorial Jurisdiction Boundary
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ATTACHMENT 4
COUNTY MANAGER LETTERHEAD
September 5, 2013
Roger Stancil, Town Manager
Town of Chapel Hill
405 Martin Luther King Jr. Blvd.
Chapel Hill, NC 27514 -5707
Dear Roger:
Orange County administration has reviewed your letter expressing an interest to
extend Chapel Hill's extra - territorial jurisdiction (ETJ) to include areas within the
Historic Rogers Road Neighborhood. This area is currently within Chapel Hill's
and Orange County's Joint Planning Transition Area. We are in agreement that
an ETJ designation, as you state, would facilitate the use of community
development funding available to the Town to assist with sewer and /or water
service in the area.
We have informed our Board of County Commissioners of Chapel Hill's intent to
proceed with the ETJ expansion process as noted in your letter of July 1, 2013.
On September 5, 2013 we had a specific item on our agenda to discuss the
BOCC's `consent to proceed' based on your request. We have accented your
interest in an expedited process.
The BOCC expressed no objection to Chapel Hill's ETJ expansion process. The
Board of Commissioners also understands that at this stage, this `consent to
proceed' is not binding on present or future boards of commissioners. Once the
Town completes its study of this issue, and if the Town decides to formally
request an expansion of its ETJ as suggested, the BOCC will at that time
consider approval of that request via a formal resolution of the Board.
If the Chapel Hill ETJ is expanded, that action would replace the similar aspects
of development planning, permitting and approval that had been ceded to Chapel
Hill from Orange County in the 1987 Joint Planning Agreement.
Thank you.
Sincerely,
Frank W. Clifton, Jr.
County Manager
xc: Orange County Board of Commissioners
John Roberts, Orange County Attorney
Michael Talbert, Assistant County Manager
Craig N. Benedict, Planning & Inspections Director