HomeMy WebLinkAboutAgenda - 12-01-2014 - 7a1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: December 1, 2014
Action Agenda
Item No. 7 -a
SUBJECT: Consideration of the Town of Chapel Hill's Extraterritorial Jurisdiction (ETJ)
Extension Request
DEPARTMENT: Planning and Inspections
PUBLIC HEARING: (Y /N) No
ATTACHMENT(S): INFORMATION CONTACT:
1. Legal Description, Map, and Chapel Craig Benedict, Planning, 919 - 245 -2592
Hill Ordinance Bonnie Hammersley, Manager,
2. Letter from Chapel Hill and ETJ 919 - 245 -2300
Request Overview Including RENA John Roberts, Attorney, 919 - 245 -2318
Petition and Letters from Residents
3. Public Hearing Notification
4. Planning Staff Comments
5. Resolution
PURPOSE: To act on the request of the Town of Chapel Hill to extend its ETJ.
BACKGROUND: Orange County is in receipt of a request by the Town of Chapel Hill to
extend its extraterritorial jurisdiction (ETJ) into an area presently within the Joint Planning Area
(JPA) Agreement originally signed in 1987. There is no formal County policy for the expansion
of municipal ETJ limits; in any event, the Board of County Commissioners shall hold a public
hearing to receive public comments and concerns. Following the public hearing, the Board will
review the information from the Town of Chapel Hill meetings and the current public hearing,
taking into consideration germane information and take action on the request.
The Town of Chapel Hill's request is to extend the existing ETJ westward and northward to
include approximately 1033 acres as shown in Attachment 1. These lands were within the
Joint Planning Agreement (JPA) since 1987 and the Town of Chapel Hill had prescribed land
use and zoning powers per the Orange County /Chapel Hill /Carrboro JPA.
Attachment 1 contains a legal description and map of the proposed ETJ extension request and
an ordinance from the Town of Chapel Hill Town Council requesting the proposed ETJ
extension.
Attachment 2 contains a letter from the Town's Mayor, an overview and summary of the
request prepared by the Town of Chapel Hill, and petitions and letters from area residents.
Attachment 3 — The public hearing was advertised in the Chapel Hill Herald and mailed notice
was sent to the affected property owners within the extension area by the Town of Chapel Hill.
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Attachment 4 — Planning Staff Comments — NCGS 160A- 360 -362 explains the process for
municipal ETJ expansion. The process is primarily a responsibility of the municipality. A
summary of the actions to be completed is followed by the itemized checklist.
Attachment 5 is a Resolution of the BOCC approving the request.
Attachment 6 is a map showing Chapel Hill's new and existing ETJ and remaining JPA
transition areas including acreage.
Orange County Planning Staff finds that the request is consistent with the criteria of the
County's land use policies. The Town of Chapel Hill's Land Use Plan currently incorporates
the requested area, and given the close proximity of the Town's existing municipal limits, the
site is within an anticipated and natural growth area for the Town. Water and sanitary sewer
service is available or can be made available to the property and the area's geographical
location and infrastructure funding potential makes it more conducive for these properties to
be under ETJ authority of the Town. Given this information, staff recommends approval of the
Town of Chapel Hill's request for extension of its ETJ.
FINANCIAL IMPACT: There is no direct correlation to county fiscal impacts since the area is
presently within Chapel Hill's JPA planning area and therefore there is no change to the
county's planning staff workload. However, this change may allow Chapel Hill to explore other
funding sources to assist in the infrastructure development of this area.
RECOMMENDATION(S): The Manager recommends the Board:
1. Approve the extraterritorial jurisdiction request by the Town of Chapel Hill pursuant to the
Resolution in Attachment 5.
2. Authorize the County Manager to proceed with developing a long term plan for the area.
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Attachment 1
APPENDIX A
Extraterritorial Jurisdiction boundary amendment as shown on the attached map and as described
as follows:
SECTION 1
Beginning at a point on the existing Chapel Hill Corporate Limits at the northwest corner of
Martin Luther King Jr. Blvd and Weaver Dairy Road and proceeding in a generally northerly
direction along said corporate boundary following the centerline of Martin Luther King Jr. Blvd.
to the northwestern corner of parcel 9880 -27 -0438 and the southern right -of -way of Interstate 40;
thence leaving said corporate limits line proceeding westerly across MLK Jr Blvd to the
southeastern corner of parcel 9880 -08 -4202, such corner being on the northern r/w line of
Eubanks Road and also being on the existing Chapel Hill Corporate Limits Line; thence
proceeding westward and following said corporate limits line along the northern r/w line of
Eubanks Road to the easternmost boundary of parcel 9880 -07 -6840; thence continuing
northward along said corporate limits line and the easternmost boundary of said parcel 9880 -07-
6840 to its northernmost boundary and proceeding westward along the northernmost boundaries
of said parcel and parcel 9880 -07 -1883 to a point intersecting with parcel 9870 -98 -7294 and
thence proceeding northward to the northernmost boundary of parcel 9870 -98 -7294 and then
proceeding westward along said parcel's northernmost boundary to the parcel's westernmost
boundary; thence proceeding southward along the parcel's westernmost boundary and continuing
along the existing Chapel Hill Corporate Limits line proceeding southward along the
westernmost boundary of parcel 9870 -98 -7045 to a point that intersects with Eubanks Road;
thence proceeding southward across said road along the westernmost boundary of parcel 9870-
97 -8235 to the southernmost boundary of said parcel 9870 -97 -8235 and proceeding eastward
along its southernmost boundary to a point intersecting with parcel 9880 -06 -0661; thence
proceeding southward along said parcel's westernmost boundary and the westernmost
boundaries of parcels 9880 -06 -0493; 9880 -06 -0297; 9880 -06 -0192; and 9880 -06 -0857; to the
southwest corner of said parcel 9880 -06 -0857; thence proceeding easterly along the
southernmost boundaries of parcels 9880 -06 -0857; 9880 -05 -2817; 9880 -05 -3886; 9880 -05 -5839;
9880 -05 -6953; 9880 -05 -7975; 9880 -05 -8888; 9880 -15 -0836; 9880 -15 -1895; 9880 -15 -3856;
9880 -15 -5817; 9880 -15 -6869; 9880 -15 -9853; 9880 -25 -1853; 9880 -25 -3820; and 9880 -25 -4859;
and crossing the r/w of Mat-tin Luther King Jr. Blvd.to meet the point and place of beginning
containing 96.15 acres more or less.
SECTION Il
Beginning at a point at the southernmost and easternmost point of parcel 9870 -99 -7083 and
proceeding northward along the western edge of the Interstate 40 right -of -way to a point
intersecting with parcel 9871 -81 -0744 and the center of the stream bank and proceeding
generally westward along the center of the stream to a point intersecting with rail line then
generally heading southward to a point approximately 250 feet south of the parcel identified as
9870 -89 -0971 and then heading west along parcel's 9870 -68 -0669 northernmost boundary
proceeding southward along the parcel westernmost boundary, including parcel 9870 -66 -2911 to
a point intersecting with parcel 9870 -55 -0605 and heading west along the northernmost
boundaries of the following parcels: 9870 -45 -6572, 9870 -45 -3385, 9870 -45 -1708, and 9870 -35-
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7767; at the westernmost boundary of parcel 9870 -35 -7767 proceeding south along the parcel's
westernmost boundary to a point intersecting with centerline of Rogers Road, proceeding
southeasterly along the centerline of Rogers Road to a point intersecting with Homestead Road;
then proceeding westward along centerline of Homestead Road to the intersection with High
School Road; then proceeding eastward along the southern edge of the High School Road right -
of -way to the easternmost boundary of parcel 9779 -59- 7804.002 proceeding northward along the
parcel's easternmost boundary then proceeding northward along the easternmost boundaries of
parcels 9870 -50 -6072 and 9870 -50 -6280 then proceeding along the southernmost and
easternmost boundary of parcel 9870 -50 -7493 then proceeding along the easternmost boundary
of parcel 9870 -60 -0533 to a point intersecting the southernmost boundary of parcel 9870 -60-
9427 proceeding to a point on western edge of the Seawell School Road right -of -way then
proceeding to following Seawell School Road right -of -way northward the intersection with
Homestead Road then proceeding eastward on not edge of the Homestead Road right -
of -way to a point intersecting with the railroad tracks then proceeding to following the
westernmost edge of the railroad right -of -way generally northward until intersecting with
southernmost boundary of parcel 9870 -94 -9449 and crossing perpendicular to the railroad to the
easternmost edge of the railroad right -of -way then traveling northward along the easternmost
edge of the railroad right -of -way to a point intersecting with northernmost edge of parcel 9870-
95 -2979 then proceeding westward to the easternmost boundary of parcel 9870 -77 -6296
proceeding northward along the easternmost boundary of the parcel to a point intersecting with
the northernmost edge of the Eubanks Road right -of -way then proceeding heading generally
easterly along the Eubanks Road right -of -way to a point intersecting the easternmost boundary of
parcel 9870 -88 -3323 then traveling northward along the parcel's easternmost boundary to a point
intersecting with southernmost boundary of parcel 9870 -99 -0117 then proceeding along the
southernmost boundaries of parcels 9870 -99 -0117 and 9870 -99 -7083 to meet a point and place
of beginning containing 916.60 acres more or less.
EXHIBIT A
Proposed Extraterritorial Jurisdiction Boundary
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= Chapel Wl Urban Serboes Boundary
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= Proposed CH ETJ Boundary
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Appendix B
AN ORDINANCE EXTENDING THE EXTRATERRITORIAL PLANNING
JURISDICTION OF THE TOWN OF CHAPEL HILL (2014 -10- 15/0 -1)
BE IT ORDAINED BY THE COUNCIL OF THE TOWN OF CHAPEL HILL as follows:
Section 1. Findings.
A. The Charter of the Town of Chapel Hill in Chapter V thereof provides for a defined area
known as "extraterritorial planning jurisdiction" to extend not more than three miles
outside the corporate limits wherein the powers granted by Article 19, Chapter 160A of
the General Statutes may be exercised.
B. The area identified in Exhibit A attached hereto (the "Area ") is located within both the
Town's Joint Planning Area and the Town's Urban Services District and is within three
miles of the Town's corporate limits.
C. The Area which is proposed to be included in the extraterritorial jurisdiction includes a
portion of the Historic Rogers Road Neighborhood.
D. The Area is of critical concern to the Town in assisting with extension of utilities to serve
the Historic Rogers Road Neighborhood.
E. The Town has stated interest and has the means to contribute financially toward
infrastructure cost in the Area through the use of Community Development Block Funds.
F. The Town needs extend its Extraterritorial Jurisdiction to include the Area in order to
spend Community Development Funds in the Area.
G. In accordance with N.C. G.S. Sect. 160A -360, the Town held a public hearing on October
21, 2013, to consider the extension of its extraterritorial jurisdiction, and notified
property owners of all affected parcels of land as listed on the Orange County tax records
via first -class mail at least four weeks prior to the public hearing.
Section 2. Pursuant to N.C.G.S. Section 160A -360, the Area described in Exhibit A is hereby
included within the extraterritorial jurisdiction of the Town of Chapel Hill for all purposes
authorized by Article 19, Chapter 160A of the Not Carolina General Statutes; provided,
however, that this Ordinance shall become effective only upon the approval of the Orange
County Board of Commissioners, indicating their agreement with the Town's assuming
territorial jurisdiction over the Area.
Section 3. The Town Manager is directed to forward a copy of this Ordinance Extending the
Town's Extraterritorial Jurisdiction and the Town's request for agreement by the County to the
Orange County Board of County Commissioners for consideration at an upcoming meeting of
that Board.
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Section 4. If the Board of County Commissioners favorably responds to the extraterritorial
boundary extension request, the Town will record a copy of this Ordinance in the office of the
register of deeds of Orange County and initiate steps required to enact planning regulations for
this Area as required by the provisions of N.C. G.S. Sec. 160A -360.
Section 5. If the Board of County Commissioners does not approve the extension of the Town's
extraterritorial jurisdiction pursuant to this Ordinance within 180 days of enactment of this
Ordinance, the Ordinance shall be void.
This the 15th day of October, 2014.
October 28, 2014
Ms. Bonnie Hammersly
Orange County Manager
200 South Cameron Street
Hillsborough, NC 27278
Attachment 2
OFFICE OF MAYOR KLEINSCHMIDT
Town of Chapel Hill
405 Martin Luther King Jr. Blvd.
Chapel Hill, NC 27514
phone (919) 968 -2714 fax (919) 969 -2063
www.townofchapelhiR.org
Subject: Chapel Hill Extraterritorial Jurisdiction Boundary Ordinance
Dear Bonnie:
At the October 15, 2014 Council meeting, the Town of Chapel Hill Council voted unanimously
to enact an Ordinance extending the Town's Extraterritorial Jurisdiction boundary. The North
Carolina General Statute requires Orange County Commissioners to act on this request. I have
attached a copy of the adopted Ordinance for consideration at an upcoming County
Commissioners meeting.
The Town of Chapel Hill has taken this action in order to participate in its share of funding the
installation of sewer service to the Historic Rogers Road neighborhood. Extension of the
Extraterritorial Jurisdiction boundary in this area, in lieu of the existing Joint Planning Area,
would allow the Town to spend community development block grant funding for low and
moderate income households. The recently completed outreach efforts by the Jackson Center
have shown nearly 80 percent of the households fall below 80 percent of the area median income
and qualifying as a low and moderate income area.
If the Orange County Commissioners act favorably upon this request, the Town will record a
copy of the Ordinance with the Register of Deeds office and initiate steps required to enact
planning regulations for the area.
Attached are letters from the public regarding this action.
If you have any questions, please contact Roger L. Stancil, Town Manager at (919) 968 -2743
Sincerely,
r
a Klein
Mayor 1
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Appendix C
MEMORANDUM
TO: Roger L. Stancil, Town Manager
FROM: Mary Jane Nirdlinger, Planning and Sustainability
Loryn Clark, Housing and Community
Judy Johnson, Principal Planner
SUBJECT: Consideration of the Rogers Road Sewer Project and Extension of the
Extraterritorial Jurisdiction (ETJ)
DATE: October 15, 2014
INTRODUCTION
Tonight the Council continues the public hearing from September 8, 20141 to consider amending
the boundary of the Town's Extraterritorial Jurisdiction (ETJ). The area currently designated as
the Joint Planning Area is being considered for expansion of the ETJ. We recommend that
Council enact the attached Ordinance, extending the ETJ, and adopt the Resolution, directing the
Manager to continue long -term planning efforts.
Proposed Extraterritorial Jurisdiction Boundary
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BACKGROUND
lnZO|2^ the Historic Rogers [load Neighborhood Task Force (Task Force) was formed u`
address the extension of sewer service and o community center to serve the Rogers }lnud
neighborhood. The Task Force recommendations were provided in a report dated September 17,
2Ol3 and available a1 this link 2 This report has several key recommendations, with the primary
focus being providing sewer service io 86 identified properties. Thianuumuorundnm addresses
some of the key recommendations associated with that report.
EXTENSION OF SEWER TO
HISTORIC R0GERS ROADMEIG0BO5H00OOD
OUTREACH: Outreach efforts Fm the Jackson Center have been underway since mid-summer.
The Jackson Center has been in contact with nearly all 86 identified parcels. The efforts have
been focused nnobtaining socio-economic and demographic data, historical connections,
uonuruuuiiy interests, and desire for sewer. The Center is reporting that approximately &2percent
of the households surveyed are at, or below, the 80 percent Area Median Income (AMI)
threshold and approximately 49 percent of the households are below 50 percent of AMI.
Community development block grant (C[}BO)pnogrocnm serve low and moderate income
households. For a family of four, a household income of less than $52,550 is at 80 percent AMI
and less than $32,850 is at 5U percent AM[.
The Jackson Center has been working collaboratively with the Rogers Eubanks Neighborhood
Association in developing community input sessions and newsletters.
SEWER SERVICE: The recommendations from tile Task Force Final Report included u
recommendation that the three jurisdictions fund the sewer service through a cost share
ogn:cmeut- Pcouunrdtothe agreement, the County and Chapel Hill would each provide 4]Y6of
the cost and Carrbono would contribute 14Y6. The Final Report also recommended a plan that
would extend sewer service at a preliminary cost estimate of $5.8 million to serve tile 86 parcels
identified in the Historic Rogers Road neighborhood.
Preliminary Engineering io underway hy8VJ/\S/\,o1a cost of$|30,U00. This cost |m shared by
the three jurisdictions with Orange County and Chapel Hill umrdriba1iug $55,900 each and
CmrborouooU.ibutimg $l8`200. The preliminary engineering field work includes surveying,
subsurface utility engineering, and geoLeohoioa| evaluation. This work will provide more
certainty to the layout and cost estimate, identify the location of buried utilities (which may
cause conflicts along the route), and determine the subsurface conditions (such as rock). We
anticipate this vvmik should bc concluded by March 2O\5, assuming nn weather delays. It is
impodouthunoLe that the preliminary engineering field work does not include services such ou
design, permitting, nr easement acquisitions.
Ibn Town Attorney has determined that vvo are unable generally to spend Town funds in an area
outside of the Town limits and not within the ETJ. An exception to this general rule exists to
allow the Town to provide financial support to recreational facilities which are open and
2
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available to Town residents. Accordingly, in order for the Town to participate in the efforts with
Orange County and Carrboro to date, we have increased our contribution towards construction of
the clubhouse to include our 43 percent share of the outreach efforts and preliminary engineering
costs. The cost of the clubhouse is estimated to be approximately $700,000 with the Town share
of 43 percent equaling $300,000.
EXTRATERRITORIAL JURISDICTION
The area within the Chapel Hill's portion of the joint planning area (under the Joint Planning
Agreement between the Town, Carrboro, and Orange County signed in 1986) primarily east of
Rogers Road, is outside of the Town limits and outside the Town's current Extraterritorial
Jurisdiction. As such, the Town Attorney has determined that the Town may not provide
funding for most projects in this area. If the area were to be included within the Extraterritorial
Jurisdiction (ETJ), the Town could spend Community Development Block Grant funds if the
area qualified as low or moderate income households. This would allow the Town to contribute
towards extending sewer service to the area.
One of the recommendations of the Task Force was for the Town of Chapel Hill to pursue
expanding the Town's Extraterritorial Jurisdiction (ETJ) to include the Historic Rogers Road
area. The demographic data generated by the outreach efforts of the Jackson Center indicates that
a significant percentage of the households will qualify as either low or moderate income
households. With this data, Town staff is recommending that the Council consider expansion of
the ETJ to allow the Town to spend community development funding in the area even though it
would remain outside the corporate limits of the Town. Please see the Recommendations section
of this memorandum for additional information.
NEXT STEPS
We have additional recommendations and ask the Town Council for guidance.
LONG -TERM PLANNING: The provision of sewer service to the 86 identified parcels will
likely affect the development patterns and pressures in the Rogers Road area. We believe some
systematic planning of the un- (or under -) developed properties is critical in preserving the
character of the existing neighborhood and being proactive in managing the area's future. We
recommend that the Council direct the Manager to continue and expand efforts for developing a
long -term plan for the area. This process would include engaging with the community through
the Jackson Center and Rogers Eubanks Neighborhood Association (RENA).
The Managers and staff have also been exploring the option of creating an expanded utility
district. The district would include the Historic Rogers Road neighborhood, additional
neighborhoods in the path of the sewer lines, and the immediate area that would benefit from the
extension of utility lines.
Providing assistance for residents of the Rogers Road neighborhood would continue to be the
first priority. The creation of the Utility District could be phased to provide service to residents
of the Rogers Road neighborhood first and residents outside the Rogers Road neighborhood
12
second. The Utility District could also have policies in place to recoup the cost of utility
installation in the event the property is (re)developed such as decreasing costs for long -term
residents. There are many large parcels of un- (or under -) developed land in the area and
bringing urban services to the area may encourage development. As the sewer project provides
service to the 86 identified parcels, we believe there is an efficiency of scale to providing utility
services to other unserved properties in the area, which can help offset and reduce overall costs
of the project.
ANNEXATION OF PUBLICLY -OWNED PROPERTIES: Another one of the recommendations
of the task force was for annexation of the county -owned properties in the Historic Rogers Road
neighborhood. These properties are shown on the map below. Annexation of these properties
could allow for Town funds to be expended for sewer service to those parcels and potentially
other properties that would be served along the way.
Potential Government Owned Lands to be Annexed
We encourage the County to consider petitioning the Town Council for annexation of these
properties.
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RECOMMENDATIONS
1. We recommend that the Council consider the attached Ordinance that would enact the
Extraterritorial Boundary expansion for the area identified on the above map.
If the Council moves to adopt the attached Ordinance, the next step would be for the
Orange County Board of Commissioners to adopt a resolution approving the Town's
action to extend the boundary.
Following the County's and Town's action to extend the ETJ, the Town must, within 60
days, amend the Town's zoning ordinance to zone the expanded area. This zoning
process will include receiving a recommendation from the Planning Commission and
conducting a public hearing.
2. We recommend that the Council adopt Resolution A authorizing the Manager to proceed
with developing a long term plan for the area and updating the Council with progress
made. The Council encourages the Manager and staff to engage the Rogers Eubanks
Neighborhood Association, Town of Carrboro, and Orange County in developing a plan.
3. We also recommend that the County consider a formal petition for annexation for
County -owned (or publicly- owned) properties in the ETJ as recommended by the
Historic Rogers Road Neighborhood Task Force.
We, the undersigned, support any and all actions that would bring water and sewer to the
residents of historic Rogers Road. In accordance with the Task Force Recommendations, we
urge the Council of the Town of Chapel Hill to pass the Extra Territorial Jurisdiction (ETJ) for
purposes of expeditious funding of sewer plans. We are aware of the implications of the ETJ
and remain con - quitted to long -term planning efforts for the future of our community,
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W%, the undersigned, support any and all actions that would bring water and sewer to the
residents of historic Rogers Road. In accordance with the Task Force Recommendations, we
urge the Council of the Town of Chapel Hill to pass the Extra Territorial Jurisdiction (ETJ) for
purposes of expeditious funding of sewer plans. We are aware of the implications of the ETJ
and remain committed to long -term planning efforts for the future of our community.
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We, the undersigned, support any and all actions that would bring water and sewer to the
residents of historic Rogers Road. In accordance with the Task Force Recommendations, we
urge the Council of the Town of Chapel Hill to pass the Extra Territorial jurisdiction (ETJ) for
purposes of expeditious funding of sewer plans. We are aware of the implications of the ETJ
and remain committed to long -term planning efforts for the future of our community.
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We, the undersigned, support any and all actions -that would bring water and sewer to the
residents of historic Rogers Road. In accordance with the Task Force Recommendations, we
urge the Council of the Town of Chapel Hill to pass the Extra Territorial jurisdiction (ETJ) for
purposes of expeditious funding of sewer plans. We are aware of the implications of the ETJ
and remain committed to long -term planning efforts for the future of our community.
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We, the undersigned, support any and all actions that would bring water and sewer to the
residents of historic Rogers Road. In accordance with the Task Force Recommendations, we
urge the Council of the Town of Chapel Hill to pass the Extra Territorial Jurisdiction (ETJ) for
purposes of expeditious funding of sewer plans. We are aware of the implications of the ETJ
and remain committed to long - term planning efforts for the future of our community.
Page of
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We, the undersigned, support any and all actions that would bring water and sewer to the
residents of historic Rogers Road. In accordance with the Task Force Recommendations, we
urge the Council of the Town of Chapel Hill to pass the Extra Territorial jurisdiction (ETJ) for
purposes of expeditious funding of sewer plans. We are aware of the implications of the ETf
and remain committed to long-term planning efforts for the future of our community.
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We, the undersigned, support any and all actions that would bring water and sewer to the
residents of historic Rogers Road. In accordance with the Task Force Recommendations, we
urge the Council of the Town of Chapel Hill to pass the Extra Territorial Jurisdiction (ETJ) for
purposes of expeditious funding of sewer plans. We are aware of the implications of the ETJ
and remain committed to long -term plaruling efforts for the future of our community.
Page __ ^_ of
We, the undersigned, support any and all actions that would bring water and sewer to the
residents of historic Rogers Road, in accordance with the Task Force Recommendations, we
urge the Council of the Town of Chapel Hill to pass the Extra Territorial Jurisdiction (ETJ) for
purposes of expeditious funding of sewer plans. We are aware of the implications of the ETJ
and remain committed to long -term planning efforts for the future of our community,
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Page ._.___ of _._..__.
'55 �
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October 8, 2094
The Honorable Mayor Kleinschmidt
405 Martin Luther King Jr. Blvd.
Chapel Hill, NC 27594
RE: Extraterritorial Jurisdiction in Rogers Road
Dear Mayor Kleinschmidt,
Thank you for your service and dedication to the Town of Chapel Hill. As a
proud resident of Rogers Road, I am writing to ask for your support of the
Extraterritorial Jurisdiction ordinance for Historic Rogers Road this coming
Wednesday, October 15, 2094 in order to help fund sewer service in Rogers
Road. I am a resident of Rogers Road, and I am deeply supportive of all the
efforts to support and sustain this neighborhood,
Over the past few months, I have been involved in conversations with the
Rogers Eubanks Neighborhood Association. We have discussed the implications
of the change to an ETJ, and it is with this knowledge that I write to you with
my full support of the ETJ as the most efficient means of providing sewer
service to my neighborhood.
urge you to vote for the ETJ on October 9 51" in order make sewer accessible
to Rogers Road residents as quickly as possible. I look forward to seeing you at
the council meeting this Wednesday.
Sincerely,
9 1) )s
Bishop Larry D. Reid, Sr.,
Cathedral of Hope Mission hurch
First vice President
NAACP Chapel Hill- Carrboro Branch
October 8, 20.14
The Honorable Council Member Greene,
406 Morgan Creek Road
Chapel Hill, NO 27517
RE: Extraterritorial Jurisdiction in Rogers Road
Dear Council Member Greene,
Thank you for your service and dedication to the Town of Chapel Hill. Asa proud
resident of Rogers Road, I am writing to ask for your support of the Extraterritorial
Jurisdiction ordinance for Historic Rogers Road this coming Wednesday, October 15,
2014 in order to help fund sewer service in Rogers Road. I am a resident of Rogers
Road, and I am deeply supportive of all the effort's to support and sustain this
neighborhood.
Over the past few months, I have been involved in conversations with the Rogers
Eubanks Neighborhood Association. We have discussed the implications of the
change to an ETJ, and it is with this knowledge that I write to you with my full support
of -the ETJ as the most efficient means of providing sewer service to my
neighborhood.
I urge you to vote for the ETJ on October 25th in order make sewer accessible to
Rogers Road residents as quickly as possible. I look forward to seeing you at the
council meeting this Wednesday.
incerely
23
r
F
11' :-
CA
October &, 2014
The Honorable Council Member Greene,
406 Morgan Creek Road
Chapel Hill, NC 27517
RE: Extraterritorial Jurisdiction in Rogers Road
Dear Council Member Greene,
Thank you for your service and dedication to the Town of Chapel Hill. Asa proud
resident of Rogers Road, I am writing to ask for your support of the Extraterritorial
Jurisdiction ordinance for Historic Rogers Road this coming Wednesday, October 15, `
2014 in order to help fund sewer service in Rogers Road.
F
I have lived in The Rogers Road Community for decades and have been involved in €
E
years of conversations about the landfill, the community center, and numerous
efforts to provide services. It is with veteran hands that I write in hopes of
supporting my community.
Over the past few months, I have been involved in conversations with the Rogers
Eubanks Neighborhood Association. We have discussed the implications of the
change to an ETJ, and it is with this knowledge that I write to you with my full support
of the ETJ as the most efficient means of providing sewer service to my
neighborhood.
I urge you to vote far the ETJ on October 15th in order make sewer accessible to
Rogers Road residents as quickly as possible. I look forward to seeing you at the
council meeting this Wednesday.
Sincerely,
October 8, 2014
The Honorable Council Member Greene,
406 Morgan Creek Road
Chapel Hill, NC 27517
RE: Extraterritorial Jurisdiction in Rogers Road
Dear Council Member Greene,
Thank you for your service and dedication to the Town of Chapel Hill. Asa proud
resident of Rogers Road, I am writing to ask for your support of the Extraterritorial
Jurisdiction ordinance for Historic Rogers Road this coming Wednesday, October 15,
2014 in order to help fund sewer service in Rogers Road. I am a resident of Rogers
Road, and I am deeply supportive of all the efforts to support and sustain this
neighborhood.
Over the past few months, I have been involved in conversations with the Rogers
Eubanks Neighborhood Association. We have discussed the implications of the
change to an ETJ, and it is with this knowledge that I write to you with my full support
of the ETJ as the most efficient means of providing sewer service to my
neighborhood.
I urge you to vote for the ETJ on October 15th in order make sewer accessible to
Rogers Road residents as quickly as possible. I look forward to seeing you at the
council meetingthis Wednesday.
Sincerely,
25
r
i
F.
{
I
M
October 8, 2014
The Honorable Council Member Greene,
406 Morgan Creek Road
Chapel Hill, NC 27517
RE: Extraterritorial Jurisdiction in Rogers Road
Dear Council Member Greene,
Thank you for your service and dedication to the Town of Chapel Hill. Asa proud
resident of Rogers Road, I am writing to ask for your support of the Extraterritorial
Jurisdiction ordinance for Historic Rogers Road this coming Wednesday, October 15,
2014 in order to help fund sewer service in Rogers Road. I am a resident of Rogers
Road, and I am deeply supportive of all the efforts to support and sustain this
neighborhood.
Over the past few months, I have been involved in conversations with the Rogers
Eubanks Neighborhood Association. We have discussed the implications of the
change to an ETJ, and it is with this knowledge that I write to you with my full support
of the ETJ as the most efficient means of providing sewer service to my
neighborhood.
I urge you to vote for the.ETJ on October 15th.in order make sewer accessible to
Rogers Road residents as quickly as possible. I look forward to seeing you at the
council meeting this Wednesday.
Sincerely,
A4 JA7V---
October S, 2014
The Honorable Council Member Greene,
406 Morgan Creek Road
Chapel Hill, NC 27517
RE: Extraterritorial Jurisdiction in Rogers Road
Dear Council Member Greene,
Thank you for your service and dedication to the Town of Chapel Hill. Asa proud
resident of Rogers Road, I am writing to ask for your support of -the Extraterritorial
Jurisdiction ordinance for Historic Rogers Road -this coming Wednesday, October 15,
2014 in order to help fund sewer service in Rogers Road. I am a resident of Rogers
Road, and I am deeply supportive of all the efforts to support and sustain this
neighborhood.
Over the past few months, I have been involved in conversations with the Rogers
Eubanks Neighborhood Association. We have discussed the implications of the
change to an ETJ, and it is with this knowledge that I write to you with my full support
of the ETJ as the most efficient means of providing sewer service to my
neighborhood.
I urge you to vote for the ETJ on October 15th in order make sewer accessible to
Rogers Road residents as quickly as possible. I look forward to seeing you at the
council meeting this Wednesday.
Sincerely,
AIIVA�
27
Fk�
F
i
October 8, 2014
The Honorable Council Member Greene,
406 Morgan Creek Road
Chapel Hill, NC 27517
RE: Extraterritorial Jurisdiction in Rogers Road
Dear Council Member Greene,
28
Thank you for your service and dedication to the Town of Chapel Hill. Asa proud
resident of Rogers Road, I am writing to ask for your support of the Extraterritorial i
Jurisdiction ordinance for Historic Rogers Road this coming Wednesday, October 15,
2014 in order to help fund sewer service in Rogers Road.
have lived in The Rogers Road Community for decades and have been involved in
i
years of conversations about the landfill, the community center, and numerous i
efforts to provide services. It is with veteran hands that I write in hopes of
supporting my community.
Over the past few months, I have been involved in conversations with the Rogers
Eubanks Neighborhood Association. We have discussed the implications of the
change to an ETJ, and it is with this knowledge that I write to you with my full support
of the ETJ as the most efficient means of providing sewer service to my
neighborhood.
I urge you to vote for the ETJ on October 151h in order make sewer accessible to
Rogers Road residents as quickly as possible. I look forward to seeing you at the
council meeting this Wednesday.
Sincerely,
/o
October 8, 2014
The Honorable Council Member Greene,
406 Morgan Creek Road
Chapel Hill, NC 27517
RE: Extraterritorial Jurisdiction in Rogers Road
Dear Council Member Greene,
Thank you for your service and dedication to the Town of Chapel Hill. Asa proud
resident of Rogers Road, I am writing to ask for your support of the Extraterritorial
Jurisdiction ordinance for Historic Rogers Road this coming Wednesday, October 15,
2014 in order to help fund sewer service in Rogers Road.
I have lived in The Rogers Road Communityfor decades and have been involved in
years of conversations about the landfill, the community center, and numerous
efforts to provide services. It is with veteran hands that I write in hopes of
supporting my community.
Over the past few months, I have been involved in conversations with the Rogers
Eubanks Neighborhood Association. We have discussed the implications of the
change to an ETJ, and it is with this knowledge that I write to you with my full support
of the ETJ as the most efficient means of providing sewer service to my
neighborhood.
I urge you to vote for the ETJ on October 15t" in order make sewer accessible to
Rogers Road residents as quickly as possible. I look forward to seeing you at the
council meeting this Wednesday.
Sincerely,
X21;X
October 8, 2014
The Honorable Council Member Greene,
406 Morgan Creek Road
Chapel Hill, NC 27517
RE: Extraterritorial Jurisdiction in Rogers Road
Dear Council Member Greene,
Thank you for your service and dedication to the Town of Chapel Hill. I am writing to
ask for your support of the Extraterritorial Jurisdiction ordinance for Historic Rogers
Road this coming Wednesday, October 15, 2014 in order to help fund sewer service
in Rogers Road. I live in Orange County and support the efforts of the Rogers Road
Community.
Over the past few months, I have been involved in conversations with the Rogers
Eubanks Neighborhood Association. We have discussed the implications of the
change to an ETJ, and it is with this knowledge that I write to you with my full support
of the ETJ as the most efficient means of providing sewer service to my
neighborhood.
I urge you to vote for the ETJ on October 15th in order make sewer accessible to
Rogers Road residents as quickly as possible. I look forward to seeing you at the
council meetingthis Wednesday.
Sincerely,
[_. U C. 6A b
30
31
October 8, 2014
The Honorable Council Member Greene,
406 Morgan Creek Road
Chapel Hill, NC 27517
RE; Extraterritorial Jurisdiction in Rogers Road
Dear Council Member Greene,
Thank you for your service and dedication to the Town of Chapel Hill. Asa proud
resident of Rogers Road, I am writing to ask for your support of the Extraterritorial
1
Jurisdiction ordinance for Historic Rogers Road this coming Wednesday, October 15,
2014 in order to help fund sewer service in Rogers Road.
I have lived in The Rogers Road Community for decades and have been involved in
3�
years of conversations about the landfill, the community center, and numerous
efforts to provide services. It is with veteran hands that I write in hopes of
supporting my community.
Over the past few months, I have been involved in conversations with the Rogers
Eubanks Neighborhood Association. We have discussed the implications of the
change to an ETJ, and it is with this knowledge that I write to you with my full support
of the ETJ as the most efficient means of providing sewer service to my
neighborhood.
I urge you to vote for the ETJ on October 15th in order make sewer accessible to
Rogers Road residents as quickly as possible. I look forward to seeing you at the
council meetingthis Wednesday.
Sincerely,
32
October 8, 2014
The Honorable Council Member Greene,
406 Morgan Creek Road
Chapel Hill, NC 27517
RE: Extraterritorial Jurisdiction in Rogers Road
Dear Council Member Greene,
Thank you for your service and dedication to the Town of Chapel Hill. Asa proud
resident of Rogers Road, I am writing to ask for your support of the Extraterritorial
Jurisdiction ordinance for Historic Rogers Road this coming Wednesday, October 15,
2014 in order to help fund sewer service in Rogers Road. I am a resident of Rogers.
Road, and I am deeply supportive of all the efforts to support and sustain this
neighborhood.
is
f
Over the past few months, I have been involved in conversations with the Rogers
Eubanks Neighborhood Association. We have discussed the implications of the
change to an ETJ, and it is with this knowledge that I write to you with my full support
of the ETJ as the most efficient means of providing sewer service to my
neighborhood.
I urge you to vote for the ETJ on October 15t" in order make sewer accessible to
Rogers Road residents as quickly as possible. I look forward to seeing you at the
council meeting this Wednesday.
Sincerely,
33
October 8, 2014
The Honorable Council Member Greene,
406 Morgan Creek Road
Chapel Hill, NC 27517
RE: Extraterritorial Jurisdiction in Rogers Road
Dear Council Member Greene,
Thank you for your service and dedication to the Town of Chapel Hill. Asa proud
resident of Rogers Road, I am writing to ask for your support of the Extraterritorial
i
Jurisdiction ordinance for Historic Rogers Road this coming Wednesday, October 15, 1 -=
2014 in order to help fund sewer service in Rogers Road.
I have lived in The Rogers Road Community for decades and have been involved in
years of conversations about the landfill, the community center, and numerous
t
efforts to provide services. It is with veteran hands that I write in hopes of
supporting my community.
Over the past few months, I have been involved in conversations with the Rogers
Eubanks Neighborhood Association. We have discussed the implications of the
change to an ETJ, and it is with this knowledge that I write to you with my full support
of the ETJ as the most efficient means of providing sewer service to my
neighborhood.
I urge you to vote for the ETJ on October 15th in order make sewer accessible to
Rogers Road residents as quickly as possible. I look forward to seeing you at the
council meeting this Wednesday.
Sincerely,
34
October 8, 2014
The Honorable Council Member Greene,
406 Morgan Creek Road
Chapel Hill, NC 27517
RE: Extraterritorial Jurisdiction in Rogers Road
Dear Council Member Greene,
Thank you for your service and dedication to the Town of Chapel Hill. Asa proud
resident of Rogers Road, I am writing to ask for your support of the Extraterritorial
Jurisdiction ordinance for Historic Rogers Road this coming Wednesday, October 15,
2014 in order to help fund sewer service in Rogers Road.
I have lived in The Rogers Road Communityfor decades and have been involved in
years of conversations about the landfill, the community center, and numerous
efforts to provide services. It is with veteran hands that I write in hopes of
supporting my community.
Over the past few months, I have been involved in conversations with the Rogers
Eubanks Neighborhood Association. We have discussed the implications of the
change to an ETJ, and it is with this knowledge that I write to you with myfull support
of the ETJ as the most efficient means of providing sewer service to my
neighborhood.
I urge you to vote for the ETJ on October 15th in order make sewer accessible to
Rogers Road residents as quickly as possible. I look forward to seeing you at the
council meeting this Wednesday.
/,)-.
Sincerely,
35
October 8, 2014
The Honorable Council Member Greene,
406 Morgan Creek Road
Chapel Hill, NC 27517
RE: Extraterritorial Jurisdiction in Rogers Road
Dear Council Member Greene,
Thank you for your service and dedication to the Town of Chapel Hill. Asa proud
resident of Rogers Road, I am writing to ask for your support of the Extraterritorial
Jurisdiction ordinance for Historic Rogers Road this coming Wednesday, October 15,
2014 in order to help fund sewer service in Rogers Road.
I have lived in The Rogers Road Communityfor decades and have been involved in
years of conversations about the landfill, the community center, and numerous j
efforts to provide services. It is with veteran hands that I write in hopes of
supporting my community.
Over the past few months, I have been involved in conversations with the Rogers
Eubanks Neighborhood Association. We have discussed the implications of the
change to an ETJ, and it is with this knowledge that I write to you with my full support
of the ETJ as the most efficient means of providing sewer service to my
neighborhood.
I urge you to vote for the ETJ on October 15th in order make sewer accessible to
Rogers Road residents as quickly as possible. I look forward to seeing you at the
council meeting this Wednesday.
Sincerely,
36
October S, 2014
The Honorable Council Member Greene,
406 Morgan Creek Road
Chapel Hill, NC 27517
RE: Extraterritorial Jurisdiction in Rogers Road
Dear Council Member' Greene,
Thank you for your service and dedication to the Town of Chapel Hill. Asa proud
resident of Rogers Road, I am writing to ask for your support of the Extraterritorial j
Jurisdiction ordinance for Historic Rogers Road this coming Wednesday, October 15, 1.
k?
2014 in order to help fund sewer service in Rogers Road.
r.
I have lived in The Rogers Road Community for decades and have been involved in
years of conversations about the landfill, the community center, and numerous f
efforts to provide services. It is with veteran hands that I write in hopes of
supporting my community.
Over the past few months, I have been involved in conversations with the Rogers
Eubanks Neighborhood Association. We have discussed the implications of the
change to an ETJ, and it is with this knowledge that I write to you with myfull support
of the ETJ as the most efficient means of providing sewer service to my
neighborhood.
I urge you to vote for the ETJ on October 15th in order make sewer accessible to
Rogers Road residents as quickly as possible. I look forward to seeing you at the
council meeting this Wednesday.
Sincerely, ��
October 8, 2014
The Honorable Council Member Greene,
406 Morgan Creek Road
Chapel Hill, NC 27527
RE: Extraterritorial Jurisdiction in Rogers Road
Dear Council Member Greene,
Thank you for your service and dedication to the Town of Chapel Hill. Asa proud
resident of Rogers Road, I am writing to ask for your support of the Extraterritorial
Jurisdiction ordinance for Historic Rogers Road this coming Wednesday, October 15,
2014 in order to help fund sewer service in Rogers Road. I am a resident of Rogers
Road, and I am deeply supportive of all the efforts to support and sustain this
neighborhood.
Over the past few months, l have been involved in conversations with the Rogers
Eubanks Neighborhood Association. We have discussed the implications of the
change to an ETJ, and it is with this knowledge that I write to you with my full support
of the ETJ as the most efficient means of providing sewer service to my
neighborhood.
I urge you to vote for the ETJ on October 15m in order make sewer accessible to
Rogers Road residents as quickly as possible. I look forward to seeing you at the
council meeting this Wednesday.
Sincerely,
37
P
L
a
r
i
5
October 8, 2014
The-Honorable Council Member Greene,
406 Morgan Creek Road
Chapel Hill, NC 2751.7
RE: Extraterritorial Jurisdiction in Rogers Road
Dear Council Member Greene,
Thank you for your service and dedication to the Town of Chapel Hill. As a proud
resident of Rogers Road, I am writing to ask for your support of the Extraterritorial
3
t
Jurisdiction ordinance for Historic Rogers Road this coming Wednesday, October 15,
2014 in order to help fund sewer service in Rogers Road.
I have lived in The Rogers Road Community for decades and have been involved in
years of conversations about the landfill, the community center, and numerous
efforts to provide services. It is with veteran hands that I write in hopes of
supporting my community.
Over the past few months, I have been involved in conversations with the Rogers
Eubanks Neighborhood Association. We have discussed the implications of the
change to an ETJ, and it is with this knowledge that I write to you with my full support
of the ETJ as the most efficient means of providing sewer service to my
neighborhood.
I urge you to vote for the ETJ on October 15th in order maize sewer accessible to
Rogers Road residents as quickly as possible. I look forward to seeing you at the
council meeting this Wednesday.
Sincerely,
3
39
October S, 2014
The Honorable Council Member Greene,
406 Morgan Creek Road
Chapel Hill, NC 27517
RE: Extraterritorial Jurisdiction in Rogers Road
Dear Council Member Greene,
Thank you for your service and dedication to the Town of Chapel Hill. Asa proud
r
resident of Rogers Road, I am writing to ask for your support of the Extraterritorial
Jurisdiction ordinance for Historic Rogers Road this coming Wednesday, October 15, i.
2014 in order to help fund sewer service in Rogers Road.
Y'
have lived in The Rogers Road Community for decades and have been involved in
years of conversations about the landfill, the community center, and numerous s
i
efforts to provide services. It is with veteran hands that I write in hopes of
supporting my community.
Over the past few months, I have been involved in conversations with the Rogers
Eubanks Neighborhood Association. We have discussed the implications of the
change to an ETJ, and it is with 'this knowledge that I write to you with my full support
of the ETJ as the most efficient means of providing sewer service to my
neighborhood.
I urge you to vote for the ETJ on October 15th in order make sewer accessible to'
Rogers Road residents as quickly as possible. I look forward to seeing you at the
council meeting this Wednesday.
Sincerely,.,
V/
Attachment 3
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Your Account Information
Account: Planning Department
Email: planning@townofchapelhill.org
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Return address for this mailing
Planning Department
Town of Chapel Hill
405 Martin Luther King Jr. Blvd.
Chapel Hill NC 27514
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Public Hearing to Amend Chapel Hill's Extraterritorial Jurisdiction (ETJ) Boundary
On Monday, October 21, 2013, the Chapel Hill Town Council will hold a public hearing to receive public
comment about a proposed change to the Town's ETJ Boundary. The meeting will be held at 7pm in the
Orange Human Services Complex at 2501 Homestead Road, Chapel Hill, INC 27516. The boundary
proposed to be changed is shown on the map on the reverse side of this notice. As a landowner in this
area, you have a right to participate in this public hearing prior to adoption of any ordinance extending the
area of ETJ. All residents of the area have the right to apply to the board of county commissioners to serve
as a representative on the Town of Chapel Hill Planning Board and Town of Chapel Hill Board of
Adjustment.
ETJ is area outside of the Town's limits that is subject to the Town's land development regulations. The
properties within the proposed ETJ expansion area are currently within the Joint Planning Area (an
agreement between Orange County, Carrboro, and Chapel Hill). These properties are already subject to
compliance with the Town's Land Use Management Ordinance. Building code and permitting will continue
to be administered by the Town of Chapel Hill. Areas under the Joint Planning Area are currently subject to
review and approval by both Orange County and the Town of Chapel Hill. If the ETJ boundary is extended,
the approval of rezoning and development permits would be subject to approval only by the Town Council.
091813JJ
511
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Town of Chapel Hill
405 Martin Luther King Jr. Blvd.
I .
Chapel Hill NC 27514
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43
A RESOLUTION CALLING A PUBLIC HEARING TO CONSIDER EXTENDING THE
EXTRATERRITORIAL JURISDICTION (ETJ) BOUNDARY (2013- 09- 23/R - #)
WHEREAS, on June 24, 2013, the Council discussed the extension of the Extraterritorial
Jurisdiction (ETJ) boundary in the northwest portion of the Town's Joint Planning Area (JPA) to
enable the use of the Town's CDBG funding in this expanded area.
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the
Council calls a Public Hearing for October 21, 2013 at 7:00 p.m. in the Southern Orange Human
Services Complex, 2501 Homestead Road, to consider extending the Extraterritorial Jurisdiction
(ETJ) boundary as shown on the attached map, Proposed Extraterritorial Jurisdiction Boundary,
dated July, 2013.
This the 23rd day of September, 2013
44
Attachment 4
Planning staff has reviewed the ETJ request in accordance with the following checklist
and finds that the request is consistent with processing criteria. Footnotes at the bottom
of the checklist explain the applicability of the various sections and post Orange County
action activities.
To summarize, the remaining activities to complete after affirmative Orange County
action please note the following:
NCGS 160A- 360(a)l (also cross - referenced in 160A -362)
Chapel Hill is to accept a county representative to serve on Chapel Hill's Planning
Board and Board of Adjustment (or equivalent). This ensures a level of
representation for an area that is affected by municipal land regulations in the ETJ
area but remains unincorporated with only voting rights in the county. The process
for county appointment is specifically outlined in 160A -362 and should be
accomplished in approximately 90 days. The existing representation conditions of
the present JPA agreement will necessitate a reallocation apportionment from JPA
to ETJ for this 1000+ acre area. The specific population based representative
equivalency is under review by Chapel Hill and Orange County based on Chapel
Hill's knowledge of existing percentage assumptions. (See Attachment 4 map)
NCGS 160A- 360(b)
• Chapel Hill is to maintain new ETJ boundary per NCGS 160A -22
• Chapel Hill is to record legal description in the Orange County office of Register
of Deeds
NCGS 160A- 360(c)
• The boundary line identified in the JPA as dividing Chapel Hill and Carrboro
planning areas will act as the interlocal agreement where ETJ may have
overlapped
NCGS 160A- 360(f)
• Chapel Hill intends to leave all present zoning in effect for the new ETJ areas.
Most ETJ expansions in the state would have county zoning but not in this case
because of the existing JPA agreement.
NCGS 160A- 360(i)
• Chapel Hill is to identify any subject projects in the area where vested rights had
occurred under the JPA regulations.
NCGS 160A- 360(k)
• Chapel Hill is to identify "Bona Fide farm purposes" per NCGS 53A -340 in which
the ETJ which will be exempt from certain aspects of municipal planning.
Page 1
NCGS 160A -362
45
• Please see NCGS excerpt outlining the ETJ representation process. Chapel Hill
will amend as necessary their Planning Board and Board of Adjustment bylaws
and Orange County will make appointments as required.
§ 160A -362. Extraterritorial representation.
When a city elects to exercise extraterritorial zoning or subdivision - regulation powers under
G.S. 160A -360, it shall in the ordinance creating or designating its planning board provide a
means of proportional representation based on population for residents of the extraterritorial area
to be regulated. Representation shall be provided by appointing at least one resident of the entire
extraterritorial zoning and subdivision regulation area to the planning board and the board of
adjustment that makes recommendations or grants relief in these matters. For purposes of this
section, an additional member must be appointed to the planning board or board of adjustment to
achieve proportional representation only when the population of the entire extraterritorial zoning
and subdivision area constitutes a full fraction of the municipality's population divided by the
total membership of the planning board or board of adjustment. Membership of joint municipal
county planning agencies or boards of adjustment may be appointed as agreed by counties and
municipalities. Any advisory board established prior to July 1, 1983, to provide the required
extraterritorial representation shall constitute compliance with this section until the board is
abolished by ordinance of the city. The representatives on the planning board and the board of
adjustment shall be appointed by the board of county commissioners with jurisdiction over the
area. When selecting a new representative to the planning board or to the board of adjustment as
a result of an extension of the extraterritorial jurisdiction, the board of county commissioners
shall hold a public hearing on the selection. A notice of the hearing shall be given once a week
for two successive calendar weeks in a newspaper having general circulation in the area. The
board of county commissioners shall select appointees only from those who apply at or before
the public hearing. The county shall make the appointments within 45 days following the public
hearing. Once a city provides proportional representation, no power available to a city under G.S.
160A -360 shall be ineffective in its extraterritorial area solely because county appointments have
not yet been made. If there is an insufficient number of qualified residents of the area to meet
membership requirements, the board of county commissioners may appoint as many other
residents of the county as necessary to make up the requisite number. When the extraterritorial
area extends into two or more counties, each board of county commissioners concerned shall
appoint representatives from its portion of the area, as specified in the ordinance. If a board of
county commissioners fails to make these appointments within 90 days after receiving a
resolution from the city council requesting that they be made, the city council may make them. If
the ordinance so provides, the outside representatives may have equal rights, privileges, and
duties with the other members of the board to which they are appointed, regardless of whether
the matters at issue arise within the city or within the extraterritorial area; otherwise they shall
function only with respect to matters within the extraterritorial area. (1959, c. 1204; 1961, c. 103;
c. 548, ss. 1, 13/4; c. 1217; 1963, cc. 519, 889, 1076, 1105; 1965, c. 121; c. 348, s. 2; c. 450, s. l;
c. 864, ss. 3 -6; 1967, cc. 15, 22, 149; c. 197, s. 2; cc. 246, 685; c. 1208, s. 3; 1969, cc. 11, 53; c.
1010, s. 5; c. 1099; 1971, c. 698, s. l; 1983, c. 584, ss. 1 -4; 1995 (Reg. Sess., 1996), c. 746, s. 2;
2005 -418, s. 11.)
Page 2
Chapel Hill ETJ Expansion Request
(and other planning jurisdictions)
Proposed ETJ
1,033 acres
® Proposed ETJ
Carrboro Town Limits
Carrboro ETJ
- Chapel Hill Town Limits
Chapel Hill ETJ
® CA Transition
® CH Transition
JPA
66 acres
j JPA
208 acres
Attachment 4
Map 46
I.
�l ETJ
394 acres
v
ETJ
2,263 acres
I
O 1 in = 6,200 feet
° 4 °0°
Page 3
mong=3miii Feet
Orange County Planning and Inspections
Brian Carson (11/21/2014)
Attachment 4 47
Itemized Checklist
Municipality Town of Chapel Hill
ETJ Extension Request
Date October /November 2014
OC Planning Staff Review
Article 19
Planning and Regulation of Development
Part 1. General Provisions
NCGS 160A -360 Territorial Jurisdiction
(a.) <10,000 population - 1 mile or less .......................... Y
• 10,000 — 25,000 - 2 miles or less ..........................
• >25,000 - 3 miles or less .. ...............................
(Verified)
Population annual estm NCDOA ..............................
(56, 500)
(a.1) • Municipality to notify all parcels of land with proposed area per county tax
records ........ ............................... Y
Y
First class mail ..........................................
Content; inform (160A -364) .......................... ..... Y
Participate (160A -364) .... ............................... Y
• Right to serve as a county representative on PB and /or BOA (160A -362) . CH +, OC+
(To be done; switch from JPA to ETJ)
• Four weeks prior to public hearing .......................... Y
• Notices to be certified by municipality ........................ Y
Page 4
Y —Yes or applicable; N — No; NA — Not Applicable; + To be done within 60 days; Y+ Acknowledged as applicable or necessary
CH — Chapel Hill; OC — Orange County
. Interlocal agreement line ... ............................... Y+
JPA agreement line between Chapel Hill & Carrboro should suffice
Page 5
Y— Yes or applicable; N — No; NA — Not Applicable; + To be done within 60 days; Y+ Acknowledged as applicable or necessary
CH — Chapel Hill; OC — Orange County
48
(b.)
Specify the areas ......... ...............................
Y
See Attachment 1
•
Why areas are of critical concern ..........................
Y
( See JPA agreement 1987 and multi -year planning studies for the
Rogers Road area)
•
Projected urban development plans /studies ...................
Y
See above
•
Boundaries are identifiable . ...............................
Y
(Primarily roads & existing development)
•
Excluded areas from ETJ expansion request; plausible
- Location
- Barriers
- De minimus .......... ...............................
NA
•
Ordinance legal description .......................... .....
Y
See Attachment 1
•
Drawn on a map .......... ...............................
Y
See Attachment 1
•
Maintained per GS 160A -22 for corporate limits ................
+
To be done
•
Recorded in office of Register of Deeds .......................
+
To be done
(c.) •
Overlapping ETJ areas ..... ...............................
NA
.
Midpoint delineation ...... ...............................
NA
. Interlocal agreement line ... ............................... Y+
JPA agreement line between Chapel Hill & Carrboro should suffice
Page 5
Y— Yes or applicable; N — No; NA — Not Applicable; + To be done within 60 days; Y+ Acknowledged as applicable or necessary
CH — Chapel Hill; OC — Orange County
. •
(d.) • Specific boundaries and planning jurisdiction .................. Y
• All municipal ............. ............................... Y
Chapel Hill will regulate all areas
• All county ............... ............................... NA
• Hybrid jurisdiction ......... ............................... NA
NA
(e.) • County is enforcing all three powers' zoning, subdivision, building code...
• County is not enforcing all three powers' ...................... Y
• County and Municipality agree ............................. Y
(f.) County regulations stay in effect for 60 days or ................. NA
JPA presently allows Chapel Hill to regulate
• Municipality has adopted substitute regulations ................. Y
Assumes present zoning designations remain in effect
• Additional hearings to adopt new regulations anticipated ........ N
(f.1) • Relinquishment of ETJ ..... ............................... NA
• Municipal stays in effect for 60 days ......................... NA
• County adopts `substitute' regulations ......................... NA
(g.) • Resolution by requesting local government ................... Y
See Appendix 8
• 2 year timeframe to rescind resolution and request ............. Y+
• Resolution may be modified at any time by mutual agreement ..... Y+
Page 6
Y —Yes or applicable; N — No; NA — Not Applicable; + To be done within 60 days; Y+ Acknowledged as applicable or necessary
CH — Chapel Hill; OC — Orange County
(h.) • ETJ requests do not amend local acts .......................
Y+ 50
(i.) Acquired vested rights are preserved ......................... Y+
JPA approvals still apply
• Subject projects .......... ............................... +
Chapel Hill to identify
Reciprocity to enforce development permit .................... NA
Repealed............... ............................... NA
(k.) "Bona Fide farm purposes" GS /53A — 340 is exempt from municipal
planning jurisdictions ...... ............................... +
Chapel Hill to identify probably NA
(I.) . Not applicable ...........................................
Page 7
Y— Yes or applicable; N — No; NA — Not Applicable; + To be done within 60 days; Y+ Acknowledged as applicable or necessary
CH — Chapel Hill; OC — Orange County
NCGS 160A — 362 Extraterritorial Representation
• Proportional representation . ............................... +
Switch in part Chapel Hill Boards (Planning and BOA) bylaws from JPA to
ETJ as necessary
Planning Board .......... ............................... +
Board of Adjustment ....... ............................... +
• Appointed by BOCC ....... ............................... +
To be done
• Public hearing on the selection .......................... +
To be done
• Advertising requirements ... ............................... +
To be done
< 45 days to appoint ....... ............................... +
To be done
• Available applicants ....... ............................... +
To be done
• 90 day deadline after request by city ......................... +
To be done
51
Page 8
Y— Yes or applicable; N — No; NA — Not Applicable; + To be done within 60 days; Y+ Acknowledged as applicable or necessary
CH — Chapel Hill; OC — Orange County
NCGS 160 A — 363 Supplemental Powers
(Financial and /or Planning assistance)
(a.) Federal grants ........... ............................... Y
• State grants ............. ............................... Y
(b.) Regional grants ............... ...............................
Y
• County ................. ............................... Y
• Other local government .... ...............................
(c.) • Local appropriations ....... ............................... Y
(d.) • Ability to create a Unified Development Ordinance (UDO) ........ Y
(e.) • Enactment of tax, fee, monetary contribution .................. Y
NCGS 160A — 364 Adopting, Amending, Repealing
(a.) • Notice of Public Hearing .... ............................... Y+
(b.) • Written notice as necessary . ............................... Y+
52
Page 9
Y —Yes or applicable; N — No; NA — Not Applicable; + To be done within 60 days; Y+ Acknowledged as applicable or necessary
CH — Chapel Hill; OC — Orange County
RES- 2014 -084
Attachment 5 53
RESOLUTION
A RESOLUTION OF THE ORANGE COUNTY BOARD OF COMMISSIONERS
AGREEING TO AN EXTENSION OF THE TOWN OF CHAPEL HILL'S
EXTRATERRITORIAL JURISDICTION
WHEREAS, N.C.G.S. 160A -360 allows a municipality to exercise powers conferred by
Article 19 of Chapter 160A of the North Carolina General Statutes within a defined extraterritorial
jurisdiction;
WHEREAS, N.C.G.S. 160A- 360(c) requires a city and county to agree upon an extension
of a city's extraterritorial jurisdiction where a county enforces a zoning ordinance and subdivision
regulations and within which the county is enforcing the State Building Code regulations;
WHEREAS, Orange county enforces a zoning ordinance and subdivision regulations and
enforces the State Building Code regulations within areas in the county which are outside the Joint
Planning Transition Areas, corporate limits and extraterritorial jurisdiction of cities;
WHEREAS, the Town of Chapel Hill wishes to extend its extraterritorial jurisdiction to
include property as noted in Appendix A (including map) which is adjacent to the Town of Chapel
Hill's corporate limits and /or exterritorial jurisdiction;
WHEREAS, Town Council desires to extend its extraterritorial jurisdiction and, therefore,
seeks the agreement of the Orange County Board of Commissioners for the extension;
WHEREAS, this proposed area has been part of the Orange County /Chapel Hill /Carrboro
joint planning area since 1987; and
WHEREAS, the Board of County Commissioners finds the request consistent with its
comprehensive plan goals, objectives and policies, including but not limited to the land use
program;
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners
hereby agrees to, by a formally adopted resolution, beyond what is required by N.C.G.S. 160A -360,
to an extension of the Town of Chapel Hill's extraterritorial powers under Article 19 of Chapter
160A of the North Carolina General Statutes within the area identified in Appendix A.
This the day of , 2014
Barry Jacobs, Chair
Orange County Board of Commissioners
ATTEST:
Donna Baker, Clerk to the Board of County Commissioners