Agenda - 12-01-2014 - 7a - Amended

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I 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. Staff Comment The Planning Board heard the Chapel Hill ETJ expansion request at its November 5t" meeting as an information item since there is not a formal policy to process such an item through the Planning Board at this time. A draft future policy is likely to incorporate a more substantial role for the Planning Board. They heard the item which compared present status of the subject area as being part of the Joint Planning Agreement (JPA) Transition area which is under the primary land development auspices of the Town of Chapel Hill. The Planning Board thought it was a reasonable request based on the following aspects below. A few urged improved communication with these JPA or ETJ areas. There is a joint land use plan which governs the area and presently includes Orange County oversight. A change to ETJ jurisdiction would limit Orange County's land use oversight but, in this case, the same land use and zoning is remaining and Chapel Hill is requesting the continuance of long term planning in the area, specifically the greater Rogers Road - Eubanks area. If the ETJ expansion request is approved, ETJ statutory rules replace JPA rules in the specific area. In both scenarios, collaborative planning will continue. A few other areas of implementation are also involved. The area would switch from having advisory board appointments from the county fulfilling a JPA role to an ETJ role. The Orange County Planning Department is bolstering its communication with county appointments to various municipalities' advisory boards in an effort to explain planning history and context for the specific areas. A meeting was recently held in this regard. Orange County has done more than most counties with the development of inter - governmental planning studies for those critical growth areas around the perimeter of municipalities. The ETJ representation will be based on a population proportionality formula. A positive aspect of ETJ jurisdiction is the "Supplemental Powers" NCGS 160A -363 afforded municipalities. This section permits the local government to seek federal and state grants and /or expend local appropriations to support the area. In this case, sewer infrastructure and a community building expense could be shared with the county. Another aspect, that may be positive or negative, is the time it takes to review a development proposal. If the proposal was consistent with the JPA land use plan, then there would be similar time frames of approval under JPA or ETJ. However, if a land use change was proposed for a property under JPA jurisdiction, then there would be a longer time period including joint public hearings with county and local governments and a formal vote by the county which would otherwise be unnecessary with sole ETJ authority by the City.