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HomeMy WebLinkAboutAgenda - 05-08-2014 - 6iORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: May 8, 2014 Action Agenda Item No. 6 -i SUBJECT: Joint Resolution Amending the Hillsborough- Orange Interlocal Land Management Agreement for the Central Orange Coordinated Area DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y /N) No ATTACHMENT(S): 1. Excerpt From February 27, 2014 BOCC /Hillsborough Board of Commissioners Joint Meeting Materials 2. Draft Resolution 3. Property Owner Notices 1 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 consider a resolution amending the Hillsborough- Orange Interlocal Land Management Agreement to reflect the intent to continue coordination with Hillsborough to relinquish some areas of its Extraterritorial Jurisdiction (ETJ), as defined in the Agreement, back to the County and end the ETJ expansion process. 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. 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. Joint BOCC and Hillsborough Town Board Meeting: At a February 27, 2014 Joint Meeting, the Boards received an update on the process and outreach from staff and two questions were raised for discussion between the Boards: 1) Have we achieved what we wanted to achieve? and 2) Does the full implementation of the Interlocal Agreement achieve substantially more? Attachment 1 was included in the agenda material packets for the joint meeting and summarizes the presentation that staff provided. Following discussion between the boards, it was informally concluded that due to feedback received from the public, changes in State annexation law, and achievement of the vision articulated by the Agreement, both parties agreed to consider stopping ETJ expansion and formally consider a joint resolution amending the Agreement to that effect. Attachment 2 is a resolution for BOCC consideration amending the Hillsborough- Orange Interlocal Land Management Agreement for the Central Orange Coordinated Area. As noted in the following section, the Town Board will also be considering this resolution on May 12, 2014. As additional background information, a link to the Interlocal Agreement, which is referenced in the resolution, is provided following the summary of next steps below. Attachment 3 provides copies of the notices that were mailed (week of April 7 — April 11) by Town staff to all owners of property located in areas to be potentially affected by the Town's ETJ adjustments, expansion and relinquishment. These are the same individuals that received notice of the Joint Information Meeting conducted in January of this year. The purpose of the notice was to serve as an update on the process and inform property owners of BOCC consideration of the resolution at this meeting and subsequent Town Board consideration. Summary of Next Steps: 2014 Town considers joint resolution May 12 Town hearing on ETJ ordinance reflecting areas to be removed July 17 Town adoption of ETJ ordinance reflecting areas to be removed Sept. 8* County hearing to apply Future Land Use classifications and zoning to properties removed from ETJ Sept. 8 County Planning Board recommendation Oct. 1 BOCC adoption of Future Land Use classifications and zoning for properties removed from ETJ Nov. 6 *To become effective 10/01/14 Orange County staff will also be coordinating with Town staff to discuss and develop draft water and sewer utility and sidewalk maintenance agreements for future consideration by the boards. Although this is not specifically related to the Interlocal Agreement, it is pertinent and indicative of the ongoing joint planning work that is needed to ensure K coordinated development in and along the Hillsborough fringe and to help ensure consistent messages to the development community. Link to Additional Material- 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 considering this resolution. 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 proposed for this purpose as part of the FY 2014 -15 budget process. RECOMMENDATION(S): The Manager recommends the Board: 1. Approve the attached resolution (Attachment 2); and 2. Authorize the Chair to sign. Attachment 1 4 Excerpt from February 27, 2014 BOCC /Hillsborough Board of Commissioners Joint Meeting Materials Discussion Points: Have we achieved what we wanted to achieve? • The lines of communication are open between the two planning department staffs during the development review process. • The amended Water and Sewer Boundary Agreement memorializes the Urban Services Boundary and documents the commitment to the boundary. • Unlike twenty or more years ago, the town rarely approves utility extension agreements without annexation due to the equity issues regarding paying for the town services used and to minimize customers that must pay higher out of town utility rates. • Due to local preferences and amendments to the state annexation laws, the town rarely annexes using the involuntary process (once in the last 22 years). Does the full implementation of the Interlocal Agreement achieve substantially? • ETJ is intended to ensure that new development in areas that are likely to be annexed is consistent with the development regulation of the annexing community. Recent changes _ to the annexation laws reduce the likelihood of the proposed ETJ areas being annexed, except in the case of major redevelopment. Moving developed neighborhoods into the ETJ after they are developed provides no protection to the residents of the neighborhood and adds permitting steps to any project current residents take on (zoning permit from the town followed by building permit from Orange County — 2 locations, 2 fees). • If the intent of adding areas to the town's ETJ is to ease annexation for neighborhoods already being served by town utilities (and lowing their utility bills), this will not be effective. The changes in the state's annexation laws are a much bigger obstacle than the ETJ location. The town has historically not pursued annexation of neighborhoods under the involuntary process. The town remains willing to discuss annexation with any neighborhood or group of property owners interested. The town has also studied the impact of annexation and water rates on houses of various price points to help neighborhoods determine what is in their best interest. • The town is willing to release the 400 acres of ETJ to the County without receiving additional acreage in return. These areas are difficult to serve with utilities and are unlikely to be considered for annexation, so releasing them from the ETJ manages expectations more clearly. This process does involve notice and public hearings by both entities. RES- 2014 -031 Attachment 2 JOINT RESOLUTION AMENDING THE HILLSBOROUGH - ORANGE INTERLOCAL LAND MANAGEMENT AGREEMENT FOR THE CENTRAL ORANGE COORDINATED AREA WHEREAS, in December 2009 the Town of Hillsborough and Orange County entered into the Hillsborough- Orange Interlocal Land Management Agreement (the "Agreement ") pursuant to which, inter alia, the Town of Hillsborough ( "the "Town ") and Orange County (the "County ") agreed to establish a method of coordinated and comprehensive planning for an area identified in the Agreement as the "Central Orange Coordinated Area" ( "COCA "); WHEREAS, the Town and County have memorialized the Urban Services Boundary by amending the Water and Sewer Boundary agreement in 2009 to reflect the Town's primary service area; WHEREAS, North Carolina General Statutes related to annexation procedures have changed since the Agreement was adopted, which place further limitations on the ability to annex without the consent of property owners; WHEREAS, adding predominately developed properties into the town's ETJ would provide little to no benefit to the impacted property owners or the town; WHEREAS, the vision articulated by the Agreement has been achieved and a Joint Future Land Use Plan for areas within the Town's Urban Services Boundary was adopted by both parties; WHEREAS, the Town and County boards met and discussed the concept of stopping the process to expand the Town's ETJ and need to independently consider resolutions to this affect; and WHEREAS, staff has notified all affected property owners of the boards intentions to consider resolutions and the date and time of the meeting each board would be considering. NOW THEREFORE BE IT RESOLVED that the parties agree to cease implementation of the Agreement at completion of Section 2.1, Adoption of Joint Land Use Plan, with the exception of the following additional steps: The town will proceed with releasing approximately 400 acres from the ETJ to align the ETJ with the Urban Services Boundary on the west side of town and amend its zoning map; Orange County will amend its Future Land Use Map of the 2030 Comprehensive Plan, as well as its zoning map, to include these areas in its jurisdiction; and Orange County will consider amending its 2030 Comprehensive Plan to make any necessary references to the Joint Future Land Use Plan for areas within the Town's Urban Services Boundary (and amendments thereto). The Agreement otherwise remains in effect for its remaining effective period (20 -years and may thereafter be renewed). Adopted by Orange County: This 8th day of May, 2014 Barry Jacobs, Chair Orange County Board of Commissioners Donna Baker County Seal: Clerk to the Orange County Board of Commissioners Adopted by the Town of Hillsborough: This 12th day of May, 2014. Tom Stevens, Mayor Town of Hillsborough Katherine Cathey Town Seal: Town Clerk Attachment 3 Town of Hillsborough /Orange County Extraterritorial Jurisdiction (ETJ) Adjustments Information Update April 8, 2014 Dear property owner, 7 In January, the Town and County hosted a public information meeting about the possibility of your property being added to the Town's ETJ or Extraterritorial Jurisdiction. The staff and elected officials present at that meeting heard clearly from many property owners that there would be no benefit to you of being added to the town's jurisdiction. The Town and County have informally discussed not moving forward with the expansion process pending formal discussion and actions at the following meetings. You are welcome to attend and share any concerns or comments you have directly with the elected officials: May 8 May 12 Board of Orange County Commissioners Hillsborough Town Board Department of Social Services Town-Barn Meeting Room 113 Mayo Street 101 East Orange St 7:00 PM 7:00 PM The Boards are expected to consider resolutions at these meetings halting the ETJ expansion process. If these resolutions are adopted, no further action will be taken to expand the Town's ETJ. For questions, contact: Tom Altieri, AICP, Orange County Comprehensive Planning Supervisor 919 - 245 -2579, taltieri(a)_orangecountync.gov •o Margaret Hauth, AICP, Town of Hillsborough Planning Director 919 - 732 -1270 ext. 86, margaret.hauth(-a.hillsboroughnc.org Town of Hillsborough /Orange County Extraterritorial Jurisdiction (ETJ) Adjustments Information Update Town � Of ur sx ills; Cal Cal I_�:TiIE:��iyL! Dear property owner, In January, the Town and County hosted a public information meeting about the possibility of your property being released from the Town's ETJ or Extraterritorial Jurisdiction. The Town and County intend to move forward with the process to release your property from the town's jurisdiction and returning it to Orange County's planning jurisdiction. The elected boards will discuss this process at the following meetings and you are welcome to attend and share any concerns or comments you have directly with the elected officials: May 8 May 12 Board of Orange County Commissioners Hillsborough Town Board Department of Social Services Town Barn Meeting Room 113 Mayo Street 101 East Orange St 7:00 PM 7:00 PM If the planned process continues, the Town would conduct a public hearing in July to amend its Zoning Map to remove your property from its jurisdiction. Orange County would follow with a public hearing in September to classify your property under its comparable zoning and land use designations. You will receive written notices of both meetings. For questions, contact: Tom Altieri, AICP, Orange County Comprehensive Planning Supervisor 919 - 245 -2579, taltieri a(_orangecountync.gov •' Margaret Hauth, AICP, Town of Hillsborough Planning Director 919 - 732 -1270 ext. 86, margaret .hauthp_hillsboroughnc.org 9 Questions and Answers (Q &A) Focus on Properties to be Removed from the Town of Hillsborough ETJ What is an Extraterritorial Jurisdiction (ETJ)? The ETJ is an area outside of the Town's corporate limits over which the town exercises its zoning and planning authority. Why are adjustments to the Town's ETJ proposed? Through a previous joint planning process with Orange County, the Town identified an Urban Service Area within which it is anticipated that municipal services will be provided, and within which property is expected to be annexed into the Town Limits of Hillsborough as development occurs. It is not expected that Hillsborough will extend water and sewer service outside of this Urban Services Area except for reasons of public health, safety, and general welfare. To establish consistency with the Town's Urban Service Area, properties outside of the Urban Services Area but presently within the ETJ are proposed to be removed from the ETJ. How will this affect my current residential property? All new additions, decks, porches, fences, pools, storage sheds, etc. will be required to be in compliance with the County's zoning requirements. How will this affect my current non - residential property? All new buildings and /or additions, signs, parking areas, landscaping, etc. will be required to be in compliance with the County's zoning requirements. How will this affect my undeveloped property? All future developments will be subject to the County's Unified Development Ordinance (UDO) requirements including zoning, site plan and subdivision regulation. Does this change affect the issuance of building permits? No. Orange County Building Inspections currently issues building permits for both areas, within and outside the ETJ. Will police and fire protection change? No. The Orange County Sheriff's Department and local fire station now serving your area will continue to serve your property. What are the next steps? The Orange County Board of County Commissioners will consider a resolution to support the Town's adjustments to its ETJ at its January 23, 2014 meeting. With a County approved resolution, the Town of Hillsborough will schedule a special public hearing, date to be determined, to consider adopting an ETJ ordinance and to apply its zoning. Will I receive additional notification of any future public hearings that may affect the zoning of my property? Yes. Counties and Towns are required by law to mail public hearing notices to property owners when considering rezoning.