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Home My WebLink AboutAgenda - 06-20-2017 - 8-i - Resolution of Support for the Town of Carrboro’s Extraterritorial Jurisdiction (ETJ) Extension Request 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: June 20, 2017 Action Agenda Item No. 8-i SUBJECT: Resolution of Support for the Town of Carrboro's Extraterritorial Jurisdiction (ETJ) Extension Request DEPARTMENT: Planning and Inspections ATTACHMENT(S): INFORMATION CONTACT: (919) 1. Legal Description and Map Craig Benedict, Director, 245-2592 2. Planning Staff Review Comments Perdita Holtz, Planner III, 245-2578 3. Resolution PURPOSE: To consider a resolution of support for the Town of Carrboro's ETJ Extension request. BACKGROUND: On May 2, 2017, the Board of County Commissioners (BOCC) approved sending a letter to the Town of Carrboro regarding its request to extend its ETJ over 2.9 acres of land along Highway 54 West. The letter supported the Town moving forward to a public hearing regarding the ETJ expansion. The Town held a public hearing on June 13, 2017 for both the ETJ extension and accompanying zoning action to extend Town zoning on the 2.9 acre area. Town staff followed required mailed notification procedures for both items and a sign was posted for the proposed rezoning. One person spoke at the public hearing and the speaker was in favor of extending the ETJ and the WM-3 (Watershed Light Industrial) zoning district. The public hearings were continued until June 27 to allow time for the Town to receive the resolution of support from the County. Final action by the Town on both items is expected at its June 27 meeting. Attachment 1 contains a legal description and map of the proposed ETJ extension request. Attachment 2 contains Planning staff review comments. NCGS 160A-360-362 explains the process for municipal ETJ expansion which is primarily a responsibility of the municipality. Attachment 3 is a Resolution of the BOCC approving the request. Orange County Planning staff finds that the request is consistent with discussions the Town and County have engaged in regarding the development potential of the parcels in question since the parcels are currently split into two different jurisdictions. The portions of the parcels to be added to the Town's ETJ are currently designated as Rural Buffer on the County's Future Land Use Map and Zoning Atlas. These designations would be changed to Town ETJ jurisdiction if 2 the Town extends its ETJ and Town regulations would apply in the future. This area is not served by public water or sewer systems and any future development would have to occur using private wells and septic systems. SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goal is applicable to this agenda item: • GOAL: ESTABLISH SUSTAINABLE AND EQUITABLE LAND-USE AND ENVIRONMENTAL POLICIES The fair treatment and meaningful involvement of people of all races, cultures, incomes and educational levels with respect to the development and enforcement of environmental laws, regulations, policies, and decisions. Fair treatment means that no group of people should bear a disproportionate share of the negative environmental consequences resulting from industrial, governmental and commercial operations or policies. FINANCIAL IMPACT: There is no financial impact to the County if the Town extends its ETJ. Future development of at least some of the properties in potential non-residential uses would be expected to increase the County's non-residential tax base. RECOMMENDATION(S): The Manager recommends the Board approve the extraterritorial jurisdiction expansion request by the Town of Carrboro by adopting the Resolution in Attachment 3. 3 Attachment Legal Description—Changes to Carrboro Extraterritorial Jurisdiction—NC Hwy 54 West Expanding the Carrboro ETJ to encompass five of the seven lots represented by the Atwater Subdivision DB 23 PG 40 (attached), excepting lots 4 and 5 which parcels are already within the corporate limits of the Town of Carrboro, The new area to be added to the Carrboro ETJ can be described as beginning at the eastern side of said subdivision from the existing ETJ lines intersection (280' from the centerline of NC HW 54) with Lot l's (OC PIN 9769319894) Hatch Road right-of-way boundary, proceeding N27°02'W to the northeastern corner of Lot 1, thence bearing N70"]4'VV14].15 feet toa point, thence 589"]1'VV 145.07 feet to a point in the center of a creek and forming the northwest corner of lot 1, thence 589"]1'VV55.86 feet toa point, thence 589"]1'VV202.17 feet toa point, thence 589"]1'VV20]36feet to a point, thence 589°31'W 200 feet to a point, thence 589°31'W 60 feet to a point(the northeastern corner of lot 6 (O[ PIN 9769219629)),thence 589"]1'VV200 feet toa point,thence 589"]1'VV180.67 feet to a point, thence 501"20'VVto intersect with the existing ETJ line 280'from the centerline of NC HW 54. 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' ' ''') ',,,i '''' '",7:;'''''''';99'',,' ,..!;.'31 ..,,;', 9::•,,''''., ,1,1:::,1"1,_:,?,,;:::, -1,9'.:12--r':','-''';.,,,5--J,'99i ' / , 01,99, J',',,.,,t, f,19:,,i'l. ,;, ,/,":„ ',1'99';':',79: ,t-", 4,),') °). ';'%) )) ' .t, „. t.,:tttt't„Y''' :'..'''' ,,".;;:'!`;r, '',' '''' ,t '''' '.-1; 1.,.' ',"' ' /,,. 1 !,■4 .1 ,,.. 1.,,, , ,,,, ;14 ( ( 5 Attachment 2 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 would be completed after affirmative Orange County action: NCGS 160A-360(a)1 (also cross-referenced in 160A-362) • No change to existing number of Carrboro ETJ seats anticipated due to the small increase in area of the proposed ETJ. NCGS 160A-360(b) • Carrboro is to maintain new ETJ boundary per NCGS 160A-22 • Carrboro is to record legal description in the Orange County office of Register of Deeds NCGS 160A-360(c) • There are no overlapping ETJ areas. NCGS 160A-360(f) • Zoning designation scheduled for public hearing on June 13, 2017. • The properties are anticipated to be zoned WM-3, Watershed Light Industrial, under the Town's Land Use Ordinance. NCGS 160A-360(i) • Carrboro will verify as needed any subject projects in the area where vested rights may be preserved. NCGS 160A-360(k) • Carrboro 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. NCGS 160A-362 • No change to existing number of Carrboro ETJ seats anticipated due to the small increase in area of the proposed ETJ. Page 1 In. ...._ cl „ - or cr • ..0 I 0, gllrj z 2 I 1 8 • �J If�If� • , v�I �� I V� 3TTT"� _ll/ 113ZCt/�a�O �a � L� N o� Um 0 W tt w lVO iOtib. a) ce _ illkNu CT . OL iir ,P L.I_ . -2 WO 0 Alla 1.6) Wall ri! i Apo, ,4 1 .1 W S111 N1�r�:Nno z ■ --, I • � Jm ► w 1 a!O�bbo ' L_ lert7-141-0141,1_C2 iiii o I I 0 a n al"— /-4(j. MN � top 1 °4,s z_l 4 Ni c _, _. , %g 11 i_ w . 2s hil . pros O ,,t1,._ m e NI Emu/rier d 48 312i2!`d3 • i • w40.. w ■ / ■ . I c0, N fir, W y >, Q I Mil ; it Z5 - MINI • off �S c • 1 -4111„„,... 7 , 4 4, _ rz_1111m----11. villitAL I NJ 7 Itemized Checklist Municipality_Carrboro ETJ Extension Request Date _March 29, 2017/June 2, 2017 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 • 10,000 —25,000 - 2 miles or less (Verified) • >25,000 - 3 miles or less Population annual estm NCDOA 20,558 (a.1) • Municipality to notify all parcels of land with proposed area per county tax records First class mail Notice sent May 12, 2017 Content; inform (160A-364) (Yes) Participate (160A-364) (Yes) • Right to serve as a county representative on PB and/or BOA (160A-362) . (Yes) • Four weeks prior to public hearing Yes • Notices to be certified by municipality See attachment 1 (b.) 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 8 • Specify the areas See attachment 2 • Why areas are of critical concern (See University Lake Watershed Study, Camp Dresser McKee) • Projected urban development plans/studies See above • Boundaries are identifiable (Primarily roads &lot boundaries) • Excluded areas from ETJ expansion request; plausible - Location - Barriers - De minimus • Ordinance legal description See Attachment 2 • Drawn on a map See Attachment 2 • 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 NA 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 9 (d.) • Specific boundaries and planning jurisdiction • All municipal Carrboro will regulate all areas of the additions to existing ETJ • All county NA • Hybrid jurisdiction NA (e.) • County is enforcing all three powers' zoning, subdivision, building code. . . Yes • County is not enforcing all three powers' No • County and Municipality agree In progress (f.) • County regulations stay in effect for 60 days or • Municipality has adopted substitute regulations Zoning designation scheduled for public hearing on June 13th • Additional hearings to adopt new regulations anticipated (f.1) • Relinquishment of ETJ N/A • Municipal stays in effect for 60 days N/A • County adopts `substitute' regulations N/A (g.) • Resolution by requesting local government To be transmitted following June 13 public hearing • 2 year timeframe to rescind resolution and request • Resolution may be modified at any time by mutual agreement 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 10 (h.) • ETJ requests do not amend local acts (i.) • Acquired vested rights are preserved To be verified as needed • Subject projects To be verified as needed • Reciprocity to enforce development permit • Repealed (k.) • "Bona Fide farm purposes" GS/53A— 340 is exempt from municipal planning jurisdictions 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 11 NCGS 160A— 362 Extraterritorial Representation • Proportional representation No change to existing number of Carrboro ETJ seats anticipated due to small increase in area of ETJ. Planning Board Board of Adjustment • Appointed by BOCC As vacancies occur/as needed • Public hearing on the selection As needed • Advertising requirements As needed • < 45 days to appoint As needed • Available applicants Ongoing • 90 day deadline after request by city As needed 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 12 NCGS 160 A— 363 Supplemental Powers (Financial and/or Planning assistance) (a.) • Federal grants • State grants (b.) • Regional grants • County • Other local government (c.) • Local appropriations (d.) • Ability to create a Unified Development Ordinance (UDO) Yes (e.) • Enactment of tax, fee, monetary contribution NCGS 160A—364 Adopting, Amending, Repealing (a.) • Notice of Public Hearing Y Yes (b.) • Written notice as necessary Yes 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 13 Attachment 1-1 TO / BORO JL NORTH CAROLINA WWW.MAINOFCARR: RO.ORG March 29, 2017 Mark Dorosin, Chairman Orange County :oard of County Commissioners 200 South Cameron Street Hillsborough,NC 27278 Dear Mark; At the March 28, 2017 Aldermen meeting, I was asked to convey to you and the rest of the Orange County Board of County Commissioners the Town's interest in extending its Extraterritorial Jurisdictional Boundary(ETJ) along the Hwy 54 West corridor(see attached map). The Town would like to set a public hearing for the extension of the ETJ as soon as possible based on the County agreeing with this change. The change would allow the Town to establish uniform zoning over five parcels that are currently split by our jurisdictional boundaries and was the subject of some discussion during our joint meeting on October 13, 2016. Though there was some interest expressed at the meeting in examining the ETJ boundary over a larger area, that effort is expected to require significant effort and a relatively long time frame. In the meanwhile, a local business has been actively working to prepare a plan/permit application to allow one of the parcels to be developed as a new site for their business. A shorter timeframe for resolution of the ETJ boundary for the commercial properties in the NC Highway 54 West corridor is highly desirable. If the Orange County Commissioners act favorably upon this request, the Town will move forward with setting a public hearing for extension of the ETJ. Please feel free to contact me or Planning Director, Patricia McGuire if you need further information. Thank you very much for considering the request. Sincerely, Lydia Lavelle, Mayor Town of Carrboro xc: Bonnie Hammersley,Orange County Manager David Andrews,Town Manager 301 WEST MAIN STREET,cam ROW%NC 27510•(919)942-8541•FAx(919)918-4456•VOICE/TTY/TOD/ASOL711 AN EQUAL OPPORTUNITY PROVIDER . .w....,m ��, ,,. d °, T ._° ,.,h , �, aNWr.rrr rrrrr.r W,, 0 I � r fin' i , cv '7 yf g 'q�u y tr i �w tW � x 1�� `s � ... 5,t 'P � , ' l''.*'' ,..,'' ',„„ , 1:.kite,,,,,,,.,...,,,,1 :mit i � I d 4 z �"a ','% r1,'9' r w �• IWCI w :' �„�'- n�` ' f,1 k ,er r � 0 / 111.*1114 1 i"1, ro ' i' d , ,d1°X � r , w k rf „s"�ii'' � err"� r a ,'■ � r ;,1',1,1,1.'1,,', — ' � irb ru r (�� do I av I 15 Attachment 2-1 Legal Description—Changes to Carrboro Extraterritorial Jurisdiction—NC Hwy 54 West Expanding the Carrboro ETJ to encompass five of the seven lots represented by the Atwater Subdivision DB 23 PG 40 (attached), excepting lots 4 and 5 which parcels are already within the corporate limits of the Town of Carrboro, The new area to be added to the Carrboro ETJ can be described as beginning at the eastern side of said subdivision from the existing ETJ lines intersection (280' from the centerline of NC HW 54) with Lot l's (OC PIN 9769319894) Hatch Road right-of-way boundary, proceeding N27°02'W to the northeastern corner of Lot 1, thence bearing N70"34'VV 143.15 feet to a point, thence 589"31'VV 145.07 feet to a point in the center of a creek and forming the northwest corner of lot 1, thence 589"]1'VV55.86 feet toa point, thence 589"]1'VV202.17 feet toa point, thence 589"]1'VV20]36feet to a point, thence 589°31'W 200 feet to a point, thence 589°31'W 60 feet to a point(the northeastern corner of lot 6 (O[ PIN 9769219629)),thence 589"]1'VV200 feet toa point,thence 589"]1'VV180.67 feet to a point, thence 501"20'VVto intersect with the existing ETJ line 280'from the centerline of NC HW 54. 0 0 1,,t. 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I): :1 'i‘o4,1,`,..': 'k":',.:, ( + 17 RES-2017-046 Attachment 3 RESOLUTION A RESOLUTION OF THE ORANGE COUNTY BOARD OF COMMISSIONERS AGREEING TO AN EXTENSION OF THE TOWN OF CARRBORO'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 Carrboro wishes to extend its extraterritorial jurisdiction to include property as noted in Attachment 1 to this agenda item which is adjacent to the Town of Carrboro's existing extraterritorial jurisdiction; WHEREAS, the Town of Carrboro 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; NOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners hereby agrees to, by a formally adopted resolution, beyond what is required by N.C.G.S. 160A-360, an extension of the Town of Carrboro's extraterritorial powers under Article 19 of Chapter 160A of the North Carolina General Statutes within the area identified in Attachment 1 of this agenda item. This the day of , 2017. Mark Dorosin, Chair Orange County Board of County Commissioners ATTEST: Donna Baker, Clerk to the Board of County Commissioners