HomeMy WebLinkAboutAgenda - 02-20-2007-6bORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: February 20, 2007
Action AgencJa
Item No. &P
SUBJECT: A Resolution Supporting Sidewalk Construction on Martin Luther King, Jr.
Boulevard by the NCDOT and Maintenance by the Town of Chapel Hill Upon Completion
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) No
ATTACHMENT(S): INFORMATION CONTACT:
1. BOCC Resolution in Support of Town's Craig Benedict, 245- 2592
Request Gene Bell, 245-2589
2. 2-2-07 Letter from Mayor Foy
3. 1-22-07 Town Council Resolution
4. NC Gen. Assembly Session Laws
5. Map of General Area
PURPOSE: To consider approval of a resolution supporting construction of a sidewalk on
Martin Luther King, Jr. Boulevard by the N.C. Department of Transportation (NCDOT) within the
Town of Chapel Hill's Joint Planning Transition Area and authorizing the Town of Chapel Hill to
assume maintenance of the sidewalk upon completion.
BACKGROUND: The Town of Chapel Hill has received a request for improved pedestrian
facilities along Martin Luther King, Jr. Boulevard in the Town's Joint Planning Transition Area.
The Town has approached the NCDOT to fund construction of the sidewalk with the expectation
that the Town will assume maintenance responsibilities upon completion.
The NC General Assembly enacted Session Laws (Chapter 936) in 1986 which enables the
Town with the approval of the Orange County Board of Commissioners to construct capital
improvements outside the Town limits, but within the Town's Joint Planning Transition Area,
and to cooperate with the State in the construction of capital improvements to the State highway
system streets within this area as well as within the Town itself.
At their regular meeting on January 22, 2007, the Town Council adopted the attached resolution
entitled, "A RESOLUTION REQUESTING COUNTY AUTHORIZATION TO ASSUME
MAINTENANCE RESPONSIBILITY FOR A PROPOSED SIDEWALK ON MARTIN LUTHER
KING JR. BOULEVARD (NC 86) AUTHORIZING A MUNICIPAL AGREEMENT WITH THE
STATE FOR SIDEWALKS ON MARTIN LUTHER KING JR. BOULEVARD (2007-01-22/R-14):"
A resolution (attached) supporting the Town's request has been prepared for BOCC
consideration.
FINANCIAL IMPACT: None.
RECOMMENDATION(S): The Manager recommends approval of the attached resolution
supporting Martin Luther King, Jr. Boulevard sidewalk construction by NCDOT and authorizing
maintenance by the Town of Chapel Hill upon completion.
2
A RESOLUTION SUPPORTING SIDEWALK CONSTRUCTION ON MARTIN
LUTHER KING JR. BOULEVARD BY THE NORTH CAROLINA DEPARTMENT OF
TRANSPORTATION WITH THE TOWN OF CHAPEL HILL PROVIDING
MAINTENANCE UPON COMPLETION
WHEREAS, Orange County and the Town of Chapel Hill entered into a Joint
Planning Agreement, dated September 22, 1987, as amended April 2, 1990,
September 30, 1998, February 2, 1999, and August 20, 2002; and
WHEREAS, pursuant to the Joint Planning Agreement, a Joint Planning Area Land
Use Plan and Map were adopted on October 13, 1986, by all parties to the Joint
Planning Agreement, and have since been amended on several occasions; and
WHEREAS, a Joint Planning Transition Area was identified wherein the Town
administers its Land Use Management Ordinance as if the land were located within
the Town's planning jurisdiction; and
WHEREAS, Chapter 936, Section 1 of the 1986 Session Laws of the General
Assembly of North Carolina enables the Town, with the approval of the Orange
County Board of Commissioners, to construct capital improvements outside the
Town limits, but within the Town's Joint Planning Transition Area; and
WHEREAS, the Chapel Hill Town Council adopted a resolution on January 22, 2007
requesting County approval for the Town to work with the North Carolina
Department of Transportation to construct a sidewalk on Martin Luther King Jr.
Boulevard in the Joint Planning Transition Area and for the Town to maintain the
sidewalk upon completion;
NOW THEREFORE, BE IT RESOLVED that the Orange County Board of
Commissioners supports construction of a sidewalk on Martin Luther King, Jr.
Boulevard by the N.C. Department of Transportation (NCDOT) within the Town of
Chapel Hill's Joint Planning Transition Area and authorizes the Town of Chapel Hill
to assume maintenance of the sidewalk upon completion.
Upon motion of Commissioner , seconded by Commissioner ,
the foregoing resolution was adopted this the day of , 2007.
I, Donna S. Baker, Clerk to the Board of Commissioners for the County of
Orange, North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of
so much of the proceedings of said Board at a meeting held on ,
2007 as relates in any way to the adoption of the foregoing and that said
proceedings are recorded in Minute Book No. of the minutes of said Board.
WITNESS my hand and the seal of said County, this day of
, 2007.
Clerk to the Board of Commissioners
MAYOWS OFFICE
Town of Chapel Hill
405 Martin Luther King Jr. Blvd.
Chapel Hill, NC 27514-5705
phone (919) 968.2? 14 ., f(919) 969-2063
www,tPwnofchapelhill.org
February 2, 2007
Grange County Board of Commissioners
200 South Cameron Street
Post Office Box 8181
Hillsborough, North Carolina 27278
RE: Proposed Sidewalk on Martin Luther King Jr. Boulevard (NC 86)
Dear Commissioners:
The Council would like your assistance to facilitate the construction of approximately 800 linear feet of
sidewalk located in Orange County adjacent the present Town limits but within the Town's Joint Planning
Transition Area. The Council has received a request from homeowners of the Northwood neighborhood
to connect the neighborhood to existing pedestrian facilities on Martin Luther King Jr. Boulevard and to
provide improved accessibility to shops and services at the Chapel Hill North shopping center.
Martin Luther King Jr. Boulevard (NC 86) is a State-maintained facility and the Town has approached the
North Carolina Department of Transportation to fund the sidewalk construction. In return we expect that.
the Town will be requested to maintain the sidewalk.
The General Assembly of North Carolina enacted Session Laws (Chapter 936) in 1986 which enables the
Town with the approval of the Orange County Board of Commissioners to construct capital
improvements outside the Town limits, but within the Town's Joint Planning Transition Area, and to
cooperate with the State in the construction of capital improvements to the State highway system streets
within this area as well as within the Town itself.
I attach a copy of the Council's resolution of January 22, 2007 requesting approval for the Town to work
with the North Carolina Department of Transportation to construct the sidewalk and for the Town to
maintain it on completion.
I would be grateful if you could schedule consideration of this matter. Please contact Gordon Sutherland
(919) 969 5071.) gsutherland c townofchat clhii.l.or of the Town of Chapel Hill Planning Department if
you need any additional information of clarification.
Sincer_y,
r
Kevin C. Foy
Encs: Resolution (2007-01-22-R14) L.
Extract from NC Session Laws (Chapter 936) FEE
Cc: Mike Mills NCDOT Division 7 Engineer -
0
I, Amy T. Harvey, Acting. Town Clerk of the Town of Chapel Hill, North
Carolina, hereby certify that 'the. attached is a true and correct copy of
Resolution 2007-01-22/R-14 adopted . by the Chapel Hill Town Council on
January 22, 2007.
This the 24th day of January, 2007.
Amy T. Hare
Acting Town Clerk
. o.
A RESOLUTION REQUESTING 'COUNTY AUTHORIZATION TO ASSUME
MAINTENANCE RESPONSIBILITY FOR A PROPOSED SIDEWALK ON MARTIN
LUTHER KING JR. BOULEVARD (NC . 86) AUTHORIZING A MUNICIPAL
AGREEMENT WITH THE STATE FOR SIDEWALKS ON MARTIN LUTHER KING
JR. BOULEVARD (2007-01-22/R-14)
WHEREAS, the section of Martin Luther King Jr. Boulevard (NC 86) north and west of its
intersection with Weaver Dairy Road is located beyond the Town limits of the Town of Chapel
Hill but is located inside the Town of Chapel Hill Joint Planning Transition Area; and
WHEREAS, the Town of Chapel Hill desires 'to facilitate the construction of a sidewalk in this
location from Weaver Dairy Road to Perkins Drive; and
WHEREAS, pursuant to Chapter 936, Section 1 of the 1986 Session, Laws of the General
Assembly of North Carolina, the prior approval of the Orange County Board of Commissioners
is required in order for the Town of Chapel Hill to assume maintenance responsibilities for the
section of sidewalk on Martin Luther King Jr. Boulevard after installation; and
WHEREAS, the Department of Transportation and the Town of Chapel Hill may enter an
agreement for the installation of the aforementioned highway improvements whereby the Town.
of Chapel Hill agrees to assume maintenance responsibilities for the sidewalks after installation;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the
Council authorizes the Mayor to request. that the Orange County Board of Commissioners
authorize the Town to assume maintenance responsibilities for the sidewalk on Martin Luther
King Jr. Boulevard after installation; upon such approval, the Council authorizes the Town
Manager to execute a Municipal Agreement with the North Carolina Department of
Transportation for said project.
This the 22" a day of January, 2007.
Session Laws-1986 CHAPTER 936
H.B. 1562 CHAPTER 936
AN ACT TO MAKE OMNIBUS AMENDMENTS CONCERNING LOCAL
GOVERNMENTS IN ORANGE AND CHATHAM COUNTIES.
The General Assembly of Noilh Caroliva enacts.
Section 1. Chapter V of the Charter of .the Town of Chapel Hill,
being Chapter 473, Session Laws of 1975, as amended is amended by adding
a new Article to read:
"Article 7. Impact Fees.
"Sec. 5.34: Impact Fees Authotxzed.
(a) The Town Council may provide by ordinance for a system of impact
fees * to be paid by developers to help defray the costs to the Town of
constructing certain capital improvements, the need for which is created
in substantial. part by the new development that takes place within the
Town and its extraterritorial planning area.
(b) For purposes of this Article, the term capital improvements
includes capital improvements to public streets, bridges, sidewalks,
bikeways, on and off street surface water drainage ditches, pipes, culverts,
other drainage facilities, and public recreation facilities.
(c) An ordinance adopted. under this Article may be made applicable
to all development that occurs within'' the Town and its extraterritorial
planning area, as established by Jocal act or pursuant to the procedures
set forth in G.S. 160A-360.
(d) The Town may,'with the approval of the Orange County Board of
Commissioners, construct capital improvements outside the Town limits
but within the Town's extraterritorial planning area'and may cooperate
with the State in the construction of capital improvements to State
highway system. streets within this area as well as within the Town.
"Sec. 5.35. Amount of Fees.
(a) In establishing the amount of any impact fee; the Town shall
endeavor to approach the objective of having every development contribute
to a capital improvements fund an amount of revenue that bears a
reasonable relationship to that development's fair share of the costs of the
<•apital improvements that are needed in part because of that development.
In fulfilling this objective, the Town Council shall, among other steps and
actions:
(1) Estimate the total cost of improvements by category (e.g., streets,
sidewalks, drainage ways, etc.) that will be needed to provide in
a reasonable manner for the public health, safety and welfare of
persons residing within the Town and its extraterritorial planning
area during a reasonable planning period not to exceed 20 years.
The Council may divide the Town and its extraterritorial area into
two or more districts and estimate the costs of needed
improvements within each district. These estimates shall be
periodically reviewed and updated, and the planning period used
may be changed from time to time:
221
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Proposed sidewalk on Martin Luther King Jr, Blvd.
Between Weaver Dairy Rd. and Perkins Dr.
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Legend
Chapel Hill Joint Planning
Transition Area
Chapel Hill Town Limits
j Rural Buffer
Orange County Planning and Inspections Department
GIS Map Prepared by Miriam Coleman, February 08, 2007
Projection: North Carolina State Plane (feet)
Datum: North American 1983
0 125 250 500 750
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