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HomeMy WebLinkAboutAgenda - 01-23-2014 - 6m 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: January 23, 2014 Action Agenda Item No. 6-m SUBJECT: Update on Adjustments to Town of Hillsborough Extraterritorial Jurisdiction (ETJ) DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) No ATTACHMENT(S): INFORMATION CONTACT: Tom Altieri, Comprehensive Planning Supervisor, 245-2579 James Bryan, Staff Attorney, 245-2319 Craig Benedict, Planning Director, 245-2592 Abigaile Pittman, Transportation/Land Use Planner, 245-2567 PURPOSE: To receive an update on the status of adjustments to the Town of Hillsborough Extraterritorial Jurisdiction (ETJ). BACKGROUND: Consistent with the Hillsborough-Orange Interlocal Land Management Agreement (December 2009), the Town of Hillsborough and Orange County agreed to consider 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. Town of Hillsborough Initiation: Orange County received a letter in September 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. Coordination between the respective staffs was also requested to begin identifying the required steps and to process the adjustments. Schedule Change: The Board of County Commissioners (BOCC) is not being asked to consider its Resolution to Support ETJ Adjustments this evening as originally scheduled. The Town of Hillsborough was not able to schedule its public hearing for its ETJ adjustments as early as anticipated and, as a result, the BOCC does not need to take action on its resolution this early in the process. BOCC action on its resolution to support the ETJ adjustments is now scheduled for the Board's March 6, 2014 meeting. The Town's public hearing date is to be determined and coordinated with the County's schedule to ensure that all public meeting advertisement and notification requirements can be met by both parties. 2 Joint Information Meeting: A Town of Hillsborough/Orange County Joint Information Meeting was held January 9, 2014 to help inform property owners of the process, implications, and answer questions. Over 50 residents attended the meeting, including some BOCC and Town Board representatives. Nearly all attendees were owners of property within the areas proposed to be added to the ETJ. The most commonly asked questions at the meeting were related to taxes, annexation, out of Town water rates, public water and sewer, and the representation of property owners in the ETJ. Following is a brief response to these questions: Will I have to pay Town taxes if my property becomes part of the ETJ? No. Town taxes are to be paid only if becoming part of the Town's incorporated area (i.e. inside Town limits). Will my property be annexed? The Town currently has no plans to annex any properties potentially affected by the ETJ adjustments. According to the Town's Planning Director, if/when annexation does occur, it will be of a voluntary nature with the property owner willingly requesting and agreeing to the terms of the annexation. Will I still have to pay out of Town water rates if my property becomes part of the ETJ? Yes. If you are presently receiving water from the Town and paying out of Town rates, you will need to continue doing so because your property will continue to be out of Town. Will I be receiving public water and/or sewer from the Town if my property becomes part of the ETJ? Properties using private wells and/or septic tanks will continue to do so. Typically, public water and/or sewer will be extended when necessary to serve new developments of an urban style residential or non-residential density. When new services are extended to serve new developments, in some cases there may be opportunities for existing properties to connect. How are property owners in the ETJ represented? The Town is required by State law to have membership on its Planning Board from its ETJ area. The BOCC also has the ability to comment on development proposals in the ETJ based on a courtesy review agreement the County has with the Town. Maps, a handout including common questions and answers (updated since the meeting), and the PowerPoint presentation used during the meeting are available on the County Planning Department's website at: http://www.co.orange.nc.us/planning/OrangeCountyTownofHiIIsboroughJointPIanning.asp Summary of Next Steps: 2014 BOCC receives staff's update Jan. 23 Discussion topic at joint meeting of BOCC and Hillsborough Town Board Feb. 27 BOCC action on Resolution to Support March 6 Town hearings* (ETJ adjusts. and zoning) TBD 3 County hearing* for properties removed from ETJ (Future Land Use and zoning) TBD *Affected property owners to receive mail notification of hearings FINANCIAL IMPACT: Other than staff time, there is no financial impact associated with receiving this update on the Town of Hillsborough ETJ adjustments. There will be costs associated with public notification as part of subsequent steps when the County considers applying Future Land Use Map Classifications and Zoning to properties removed from the ETJ, and funds have been budgeted for this purpose in FY 2013-2014. RECOMMENDATION(S): The Manager recommends the Board receive the update.