HomeMy WebLinkAboutAgenda - 11-19-2013 - 6j 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: November 19, 2013
Action Agenda
Item No. 6-j
SUBJECT: Amendment Outline and Schedule for Upcoming Item — Town of
Hillsborough/Orange County Interlocal Agreement Implementation —Adjustment
of Hillsborough Extraterritorial Jurisdiction (ETJ) and Application of County
Future Land Use Map Classifications and Zoning
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) No
ATTACHMENT(S): INFORMATION CONTACT:
1. Comprehensive Plan and Zoning Tom Altieri, Comprehensive Planning
Atlas Amendment Outline Supervisor, 245-2579
(CP and Zoning-2013-02) James Bryan, Staff Attorney, 245-2319
2. Letter from Town Mayor (9/10/13) Craig Benedict, Planning Director, 245-2592
3. Memo from Town Planning Director Abigaile Pittman, Transportation/Land Use
(10/17/13) Planner, 245-2567
PURPOSE: To authorize staff to proceed with steps for the adjustment of Hillsborough
Extraterritorial Jurisdiction (ETJ) and application of County Future Land Use Map Classifications
and Zoning to affected areas according to the schedule proposed in the Amendment Outline
(Attachment 1).
BACKGROUND: Consistent with the Hillsborough-Orange Interlocal Land Management
Agreement (December 2009), the Town of Hillsborough and Orange County agreed to make
adjustments to the Town's ETJ. Extraterritorial Jurisdiction or "ETJ" is an area outside of the
Town's corporate limits over which the Town exercises its zoning and planning authority.
Hillsborough's current ETJ is to be expanded to include those areas that are most likely to be,
sooner as opposed to later, the subject of urban-intensity development proposals, with
annexation to follow, and contracted in areas where urban-intensity development is to be
discouraged.
Attachment 1 for the Board's review and approval is an Amendment outline providing the
rationale, process, and implications for the adjustment of Hillsborough Extraterritorial
Jurisdiction (ETJ) and application of County Land Use Element Map Classifications and Zoning
to affected properties.
Town of Hillsborough Initiation:
Orange County received a letter (dated September 10, 2013) conveying Town Board action and
adoption of a resolution indicating its interest in releasing areas west of town from its
Extraterritorial Jurisdiction (ETJ) and requesting jurisdiction over areas defined in the Interlocal
Land Management Agreement (Attachment 2). Coordination between the respective staffs was
also requested to begin identifying the required steps and to process the exchange.
2
Although Attachment 2 conveys areas for ETJ adjustment as defined by the Interlocal
Agreement (2009), the following extenuating circumstances are noted by staff:
• Since 2009, when the associated map identifying areas for ETJ adjustments was
prepared, the Town has annexed property in areas that were to become ETJ per the
agreement. As these areas are now part of the Town's incorporated area, there is no
longer a need for them to become ETJ, and in other words, not applicable.
• Attachment 3 is a memo from the Town of Hillsborough Planning Director indicating a
recommendation and supporting rationale not to include a portion of the Stagecoach Run
subdivision in the ETJ adjustment process. Orange County Planning Staff is in
agreement with this recommendation and intends to proceed in the manner proposed
within the memo unless otherwise directed.
Following BOCC authorization to proceed, Planning staff will be coordinating with the Town of
Hillsborough to prepare educational and informational materials, including better maps of
affected areas and a Question and Answer document that will be made available to the public,
affected property owners, Town Board, and BOCC as the ETJ adjustment process moves
forward. Concurrently, Orange County Planning staff will also be preparing maps of existing
and proposed Future Land Use Map and Zoning Atlas amendments to be applied to properties
that are to become part of the County's jurisdiction through the ETJ adjustment process.
Coordination with Town Staff and Attorneys:
Orange County Planning staff and the Staff Attorney met with the Town's Planning Director and
Attorney on October 16, 2013 to begin developing a coordinated approach to the Extraterritorial
Jurisdiction (ETJ) swaps. The attached Amendment Outline and recommended process has
been reviewed by this staff working group that will be continuing its coordinated approach
throughout project completion. The ETJ adjustments are to be conducted in accordance with
State law.
Links to Additional Materials:
History of Town of Hillsborough/Orange County Joint Planning-
http://www.co.orange.nc.us/planning/documents/TownofHiIIsboroughand0rangeCountyJointPla
nning.pdf
Hillsborough and Orange County Strategic Growth Plan-
http://www.co.orange.nc.us/planning/documents/FinalAdoptedSGP1.pdf
Hillsborough-Orange Interlocal Land Management Agreement-
http://www.co.orange.nc.us/planning/documents/Hillsborough-
OrangelnterlocalLandManagementAgreement.pdf
FINANCIAL IMPACT: Other than staff time, there is no financial impact associated with
receiving, considering and authorizing the staff to proceed with the processing of ETJ
adjustments and the related application of County Future Land Use Map Classifications and
Zoning to affected properties. There will be costs associated with public notification and funds
have been budgeted for this purpose in FY 2013-14.
RECOMMENDATION(S): The Interim Manager recommends the Board:
1. Approve the Amendment form (Attachment 1) for the processing of ETJ adjustments;
and
2. Direct Planning staff to proceed accordingly.
Attachment 1 3
COMPREHENSIVE PLAN / FUTURE LAND USE MAP
AND
UNIFIED DEVELOPMENT ORDINANCE (UDO)
AMENDMENT OUTLINE
CP and Zoning-2013-02
Town of Hillsborough/Orange County Interlocal Agreement
Implementation — Adjustment of Hillsborough Extraterritorial Jurisdiction
(ETJ) and Application of County Future Land Use Map Classifications and
Zoning
A. AMENDMENT TYPE
Map Amendments (Also see maps attached at end)
® Future Land Use Map:
From: Town of Hillsborough Land Use Classification
To: Agricultural Residential (Portions to include Watershed Critical Area and
Resource Protection Area overlays)
® Zoning Map:
From: Town of Hillsborough Zoning
To: AR Agricultural Residential and PID Public Interest District (Portions to
include Watershed Protection Overlay Districts)
® Other: Town of Hillsborough Extraterritorial Jurisdiction (ETJ)
Text Amendments
❑ Comprehensive Plan Text-
Section(s):
❑ UDO Text:
❑UDO General Text Changes
❑UDO Development Standards
❑UDO Development Approval Processes
Section(s).
® Other:
B. RATIONALE
1. Purpose/Mission
1
4
Continue the implementation of the Hillsborough-Orange Interlocal Land
Management Agreement (2009) through adjustment of the Town's Extra Territorial
Jurisdiction (abandonment of some existing ETJ by the Town and the County
granting new ETJ).
2. Analysis
Additional analysis will be added as part of the materials when the BOCC considers a
resolution to support ETJ adjustments at its January 23, 2014 regular meeting.
3. Comprehensive Plan Linkage (i.e. Goals and Objectives)
Land Use Goal 1: Fiscally and environmentally responsible, sustainable growth,
consistent with the provision of adequate services and facilities and a high quality of
life.
Objective LU-1.1
Coordinate the location of higher intensity / high density residential and non-
residential development with existing or planned locations of public transportation,
commercial and community services, and adequate supporting infrastructure (i.e.,
water and sewer, high-speed internet access, streets, and sidewalks), while avoiding
areas with protected natural and cultural resources. This could be achieved by
increasing allowable densities and creating new mixed-use zoning districts where
adequate public services are available.
Land Use Goal 6: A land use planning process that is transparent, fair, open,
efficient, and responsive.
Objective LU-6.1-
Undertake a comprehensive effort to inform and involve the citizens of Orange
County in the land use planning process.
Objective LU-6.2-
Maintain a cooperative joint planning process among the County municipalities and
those organizations responsible for the provision of water and sewer services to
guide the extension of service in accordance with the Comprehensive Plan, the
Orange County-Chapel Hill-Carrboro Joint Planning Agreement and Land Use Plan,
and the policies of the municipalities.
4. New Statutes and Rules
N/A
C. PROCESS
1. TIMEFRAME/MILESTONES/DEADLINES
a. BOCC Authorization to Proceed
5
November 19, 2013
b. BOCC Public Hearing
February 24, 2014 (quarterly public hearing for Future Land Use Map and Zoning
Atlas amendments)
April 1, 2014 (Receive Planning Board recommendation)
c. BOCC Updates/Checkpoints
January 23, 2014 (Consider Resolution to support ETJ adjustments)
February 4, 2014 (BOCC approves legal advertisement for February Quarterly
Public Hearing) — Staff to provide maps at parcel level detail showing proposed
Future Land Use Map classifications and proposed Zoning.
d. Other
6
Summary of Timeline and Key Steps
Adjustment of Hillsborough Extraterritorial Jurisdiction (ETJ) and Application of
County Land Use Element Map Classifications and Zoning
2013
September 9 Town adopted resolution of intent
November 19 BOCC authorization to proceed
December Preparation of outreach and notification materials (i.e. ETJ Q&A
document and maps)
December 9 Town to consider scheduling special public hearings anticipated
to take place February 20, 2014 for consideration and adoption of
an ETJ ordinance and to apply zoning to areas of new ETJ
2014
January 6-10 Joint Information Meeting (Property owners to be notified via First
(week of) Class Mail*)
January 23 BOCC considers resolution to support Town ETJ adjustments (To
address extension and contraction in defined areas)
February 4 BOCC legal ad approval for February Quarterly Public Hearing
February 20 (TBD) With approved County resolution, Town conducts public hearings
to consider and adopt ETJ ordinance (To address extension and
contraction in defined areas) and application of zoning to areas of
new ETJ — Town responsible for legal ad and notification
consistent with State law
February 24 BOCC Quarterly Public Hearing to apply Future Land Use and
Zoning designations to areas of new County jurisdiction
March 5 OC Planning Board recommendation
April 1 BOCC adoption of Future Land Use and Zoning designations
*Although not a statutory requirement, staff is recommending as a means to ensure
that affected property owners are made aware of the subsequent Town ETJ ordinance
public hearing and implications at the point in time when the BOCC is to adopt a
resolution to support Town ETJ adjustments.
2. PUBLIC INVOLVEMENT PROGRAM
Mission/Scope: Public Hearing process consistent with NC State Statutes and
4
7
Orange County ordinance requirements. Additionally, staff will hold a Joint Public
Information Meeting in January to explain the process and its implications to the
public and property owners in affected areas. Property owners will be notified of the
Joint Public Information Meeting via First Class Mail. County and Town staff will
coordinate to prepare some basic background information on what an ETJ is and
what does it mean to share with the public.
This should address concerns previously expressed by the BOCC at the February 21,
2013 moint meeting with the Town of Hillsborough over the notification of the public
within areas to be effected by Extraterritorial Jurisdiction (ETJ) swaps. Link to
minutes of the joint meeting with
Hillsborough- http://server3.co.orange.nc.us:8088/webl in k8/0/doc/281 27/Page 1.aspx
a. Planning Board Review:
....March 5, 2014
b. Advisory Boards:
c. Local Government Review:
d. Notice Requirements
This item will be included in the Quarterly Public Hearing legal ad which will be
published on February 12 and February 19, 2014. The Town of Hillsborough will
have additional legal ad and notification responsibilities that it will be carrying out
consistent with State law for properties that are to become part of the Town's ETJ.
e. Outreach-
General Public- Joint Public Information Meeting January 2014
F-1 Small Area Plan Workgroup-
F-1 Other
3. FISCAL IMPACT
Existing Planning staff will accomplish the work required to develop the Town of
Hillsborough/Orange County Central Orange Coordinated Area Land Use Plan. The
required legal ad and first class mail notices will be paid with Departmental funds
already budgeted for this purpose.
D. AMENDMENT IMPLICATIONS
See Sections B.1 and C. 2. Of this Amendment Outline.
8
E. SPECIFIC AMENDMENT LANGUAGE
N/A
......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Primary Staff Contact:
Tom Altieri, AICP
Planning Department
(919) 245-2579
taltieri @orangecountync.gov
6
Hillsborough and Orange County ETJ Adjustments s
0
86 Ll
0
57
70
70
�
000 � o
000
D
0 00 H Z o
o�
70A
0
0
o �
� 86
Parcels
Add to ETJ
- Remove from ETJ
o N 1 in=3,000 feet
City Limits 0 m r-3Fe Feet
ETJ Orange County Planning and Inspections
Brian Carson(11/8/2013)
rAWWA Mil"MMi
fur AiVASV�irATli
LWI 41
—eVADVA W ® i
"�'a'ii',2� I. ' �_-■ �s�'a'ii',� Al ' �__-■
Urban ServiceArea
�'�'_�,� 11111��1II �„1• ��`�+��,.�:�'�:�J'���I/ � 11111��1II �„1•
Remove from ETJ .� � �-.�• r °,4GF
Parcels PAVE %> �s�_� ►��!►r.
Streets e-IVArro&
FkW" NN 10 Year Transition
Rural Residential �ewl
Agricultural Residential
OAF-
OVA
City Limits
ETJ Awn
Overlays
IF
EM Watershed Critical Areas
Water Supply Watersheds
FAI
Resource Protection Areas V"_ ,
rA
jw
gM mum
Ong
AS
�,��".�.s .�a°,�w� � �".�.s __:��.,�� ��.�„�,,,� � .. III■
�i►
' $ ar $ dr
10 1 in 1,320 feet
0 500
�� _
■ �1.��
Urban ServiceArea
Remove from ETJ
Parcels / _
��i ■ Streets / �i. I. ■ a ��
AR
City Limits
Overlays
,`,.irk j��� ♦MAN��i�� - ,�������� ♦ ���i� ■����
�,.��1tlo
Ik F_41I Water Supply Watersheds
Major Transportation Corridor
RAF
_ 1 in 1,320 feet
0 500
IF
Brian Carson(11/7/2013)
Attachment 2 12
Town
of
HIN.,.
• VC,F,T T
1 . _ - .
x,� _ SEP 1 201
'c;1994 Tcsm 4(Ni @5�rp;rGh
September 10,2013
Barry Jacobs, Chair
Board of Orange County Commissioners
P. O. Box 8181
Hillsborough, NC 27278
Dear Chair Jacobs,
In the fall of 2009, our two boards jointly adopted the Hillsborough-Orange Inter-local Land Management
Agreement. Consistent with that Agreement, the Town adopted a Future Land Use Plan in March 2013
covering the Hillsborough city limits and extraterritorial Zoning Jurisdiction in addition to the
Hillsborough Urbanizing Area and Orange County Urbanizing Area as defined by that agreement.
The Town Board of Commissioners, by resolution adopted at its September 9, 2013 meeting, has
authorized me, on behalf of the Town of Hillsborough, to offer to relinquish existing the Town of
Hillsborough's Extraterritorial Jurisdiction over an area shown on Exhibit A of the Land Management
Agreement, and in exchange for the extension of Extraterritorial Jurisdiction over an area shown on
Exhibit A of the Agreement as well.
The Town is willing and ready to assist with these jurisdictional changes consistent with the Land
Management Agreement. Please have your Planning Department coordinate the transition with our
Planning Department.
Sincerely,
Tom Stevens
Mayor
101 East Orange Street • P. O. Box 429 • Hillsborough, North Carolina 27278
919-732-1270 • Fax 919-644-2390
Town of Hillsborough/Grange County strategic Growth Plan Phase II
Central grange Coordinated Area
Central Orange yeti P+eras�b
:d Area Boundary=33,$75 a,c. - w
a=24,412 ae.}
Urban Service Area=9,463 ac. ''�yg
- s- Via•
=TJ Bounda:y - <
JAW
-TJ Areas to be Added=624 ac. -
-�TJ Areas to be Deleted=489 ac, l ( Urban Services Area/ ` 5 sp—�
-- _ Annexation Boundary SIT"�?
Orange County ' Existing 1 unit!1 ac _
1 Areas=1;909 ac. g
Hillsborough Density
)Areas-1,118 ac. °
.tral Residential
yricultural Residential
'A Rural Buffer - -
-io River State Park �
'ater Service Area -
'ban;Services Area=1,394 ac. p COStMrous ST
iopted Small Area Plan Areas Loan? o'' �S1°
Us 76 :►r
- w. vv cOR61N ST
Ilsborough Town Limits=3,303 ac. z` } '
llsborough ETJ areas=2,918 ac. G
KING ST
-;r t J
�Ig5S14U 4L°LOAIBIN�p �3 a�N. _
Rb
WESTTEN RD -
Upper Eno i _ - \ �•�F
' Critical Area t y vs 704 o
\ -
Existing 1, unit 12 ac s?o
Density Ae
P
F"r�A i s N -Gad .. - £ us 701, 0 _
' lagS_ —
.._� � ,`' Err o� c•
__ r ftg 76 6
Existing'1 unit/1. ac j OLO NCTt �L.JL..R `�
D -
' 1 O
ange County Ptanliing and Inspections Department GZJ� i
MapPrepan=_dbyMmamCoPeman August24}2004
Projection No Eh Caroline State Plane(feet) p r Z
'Datum Naih'Ainerican'j98'3 0
j
14
Ordinance#20130909-10.F
Town
of
HSince. _ 1754
C 1984 Tom of H!Csl migh
RESOLUTION REGARDING AMENDMENTS TO
THE TOWN'S EXTRATERRITORIAL ZONING JURISDICTION
CONSISTENT WITH THE
HILLSBOROUGH-ORANGE INTERLOCAL LAND MANAGEMENT AGREEMENT
WHEREAS, The Town and Orange County began work in 2006 to manage land development in the
central portion of Orange County, and
WHEREAS, those cooperative efforts led to the adoption of the Hillsborough-Orange Interlocal Land
Management Agreement which was duly adopted by both boards in 2009; and
WHEREAS, The Town adopted a Future Land Use Map covering the geographic area described in the
Interlocal Agreement
NOW THEREFORE BE IT RESOLVED by the Hillsborough Town Board of Commissioners, that the
Mayor is hereby authorized to sign notifying the Board of Orange County Commissioners of our interest
in releasing areas west of town from our Extraterritorial Zoning Jurisdiction and request jurisdiction over
areas defined in the Interlocal Agreement.
This the 9th day of September, 2013.
�+.
C.G
SEAL` 'C
Tom Stevens, Mayor
f
. Hrllst :r bh
CAR+k},,a,
!'!1i 3it4
Attachment 3 15
Town
of
s
gh
lnw 1
'04,
MEMORANDUM
To: Tom Altieri, Comprehensive Planning Supervisor, Planner III
From: Margaret A. Hauth, Planning Director
Date: October 17, 2013
RE: Proposed line shift in pending ETJ swap
The attached map is part of the Interlocal Agreement adopted by the Town and County in 2009 to
establish a framework for coordinated planning between the two jurisdictions. Part of the coordination is
an exchange of some ETJ areas —the town relinquishing some back to Orange County and the county
delegating some new areas to the town.
The attached map also has an added red circle which highlights an area when I think a minor modification
is advisable. The map inadvertently divides an existing, developed subdivision and places some of the
lots in the expanded ETJ and some of the lots in the Hillsborough Urbanizing Area. The Stagecoach Run
subdivision is a well-established neighborhood with private streets, an active homeowners association,
and very little redevelopment potential.
The impact to the homeowners is nearly non-existent as the Hillsborough Urbanizing Area will function
like ETJ when this process is complete. However, it does seem odd to divide a subdivision. Further, if
the Interlocal Agreement was ever ended, half of the subdivision would remain Hillsborough ETJ and the
other portion would revert to Orange County.
The Town would like to have this line adjusted so the entirety of Stagecoach Run in is the Hillsborough
Urbanizing Area, not the expanded ETJ. It is my recommendation that we proceed with ETJ swap
process, leaving Stagecoach Run out, and then, if required, a modification of the Interlocal Agreement
map at a later date.
101 East Orange Street • P. O. Box 429 • Hillsborough, North Carolina 27278
919-732-1270 • Fax 919-644-2390
16
Town of Hillsborough/Orange County Strategic Growth Plan Phase II Exhibit A
Central Orange Coordinated Area
Legend
Proposed Central Orange -r\ yc PhE a �c�^� _ kD
Q Coordinated Area Bou y ndary=33,875 ac. yw PS ac�`J
�r
(White area=24,412 ac.) o, a -, r
Proposed Urban Service Area=9,463 ac. - PO �
Proposed ETJ Boundary / �'�� t T I -
Proposed ETJ Areas to be Added=624 as
Proposed ETJ Areas to be Deleted=489 ac. , ( Jam, � ��_ Urban Services Area/ \ sTmkirvsaD -
�, Annexation Boundary
Proposed Orange County �v
Urbanizing Areas=1,909 as A� Existing 1 unit/1 ac
I
Pro posedgHillsborough / o - -
Urbanizin Areas=1,118 ac_
Existing Rural Residential Existing Agricultural Residential
Existing JPA Rural Buffer
Existing Eno River State Park
1
Existing Water Service Area
0 Outside Urban Services Area=1,394 ac. % � coaNt�r'u sr -
usT
r-
�� Existing Adopted Small Area Plan Areas t,� Eflan�,/
G
Existing Hillsborough Town Limits=3,303 ac.
Existing Hillsborough
-�\
ETJ areas=2,918
�5 'l £ KING ST•
185.S 140 N COMBINFD�,, Z
H TON
g0'NN' WE5r TEN RD f �� EN / _ l
Upper Eno
_ Critical Area
Existing 1 unit/2 ac
\ Density
� FFT loon ono°_C_ " yr us�aq ¢o.
iT
v
to r
Existing 1 unit/1 ac ��, �� or�N C �C u67ol
Density J Q C
_ G 9r Map Prepared annMinam ColemectiMS
O
Pro]ectlon North carollna State Plane!feet)
Datum-North American 11983