TITLE: Title
Public Hearing on Extension of Town’s Extraterritorial Jurisdiction
PURPOSE: The purpose of this item is for the Board of Aldermen to receive public comment on a proposal to extend the Town’s extraterritorial boundary along the north side of NC Highway 54 West.
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DEPARTMENT: Planning
CONTACT INFORMATION: Trish McGuire, pmcguire@townofcarrboro.org <mailto:pmcguire@townofcarrboro.org>, 919-918-7327
INFORMATION: ETJ authority is provided in NCGS 160A-360 (Attachment B), and subsection (e) applies in this instance:
No city may hereafter extend its extraterritorial powers under this Article into any area for which the county at that time has adopted and is enforcing a zoning ordinance and subdivision regulations and within which it is enforcing the State Building Code. However, the city may do so where the county is not exercising all three of these powers, or when the city and the county have agreed upon the area within which each will exercise the powers conferred by this Article.
On March 28th, the Board of Aldermen decided to submit a request for Orange County to agree to an extension of the Town’s extraterritorial jurisdiction (ETJ) boundary ETJ line slightly further north to capture the entirety of five parcels along NC Highway 54 West, along with a short section of land used as a driveway for Camelia Forest Nursery, the 22.83-acre parcel located at 620 NC Highway 54 West, as shown in the illustration below. The split zoning in this location hinders the full use of the properties, which are among the very limited area within the University Lake watershed where nonresidential uses may occur. Uniform jurisdiction and zoning will enable property owners to use these small lots in full. A legal description and map of the proposed boundary change is attached (Attachment C).
On May 2nd, the Board of County Commissioners (BOCC) considered the Board’s request and expressed support for the Board of Aldermen holding a public hearing on this matter. Commissioner Barry Jacobs expressed an interest for follow-up from staff regarding similar instances where parcels may be split by planning jurisdictions. County and Town staffs will meet to discuss this request.
Required public notice was mailed to property owners on May 12, 2017 (Attachment D). The BOCC currently is scheduled to act on a resolution in supporting the extension at their June 20 meeting. Continuation of this evening’s hearing to June 27 would allow the Board of Aldermen to consider adoption of an ordinance extending the ETJ after the BOCC has met on June 20th. A resolution that continues this hearing and sets a hearing on a draft ordinance extending the ETJ is included as Attachment D. Once the County relinquishes its zoning authority, it is necessary for Town zoning to be put in place. A related agenda item provides the opportunity for the Board of Aldermen to hold public hearings on a Land Use Ordinance text and map amendment that would accomplish this change.
Agenda materials for related discussions may be found at the links below:
May 2, 2017: <http://server3.co.orange.nc.us:8088/weblink8/0/doc/46414/Page1.aspx>
March 28, 2017: <https://carrboro.legistar.com/LegislationDetail.aspx?ID=2991261&GUID=5CF7FF2D-995A-4F55-9D4E-57EE57EEC06C&Options=&Search>=
February 7, 2017: <https://carrboro.legistar.com/LegislationDetail.aspx?ID=2950249&GUID=9B6BFE58-D162-4777-95AC-95F3C820E0FD&Options=&Search>=.
October 13, 2016: <https://carrboro.legistar.com/MeetingDetail.aspx?ID=456737&GUID=E8053E71-8F10-436B-93A1-F3C92E6573DF&Options=&Search>=.
FISCAL & STAFF IMPACT: None anticipated with accepting public comment and adopting resolution to continue this public hearing.
RECOMMENDATION:r It is recommended that the Board of Aldermen accept public comment on the proposal to extend the Town’s extraterritorial boundary along the north side of NC Highway 54 West and consider adoption of Attachment A, a resolution that continues the public hearing and provides an opportunity for the Board of Aldermen to adopt an ordinance making this boundary change to June 27th.