MEMORANDUM

TO:	Roger L. Stancil, Town Manager
FROM:	J.B. Culpepper, Planning Director Gene Poveromo, Development Coordinator
SUBJECT:	Land Use Management Ordinance Text Amendment – Changes to Planning Board Composition, Extraterritorial Jurisdiction Membership
DATE:	June 27, 2007

PURPOSE

Enactment of the attached ordinance would amend the Land Use Management Ordinance to change the composition of the Planning Board to reduce the Board’s extraterritorial planning jurisdiction (ETJ) membership from two to one ETJ representative.

BACKGROUND

On June 18, 2007, the Council held a Public Hearing to consider changes to the Planning Board composition. 

The Land Use Management Ordinance dictates the composition of the Chapel Hill Planning Board.  The Planning Board is composed of ten (10) members: 

• Seven (7) members are to reside in the Town’s corporate limits and are appointed by the Council. 
• Two (2) members are to reside within the Town’s extraterritorial planning jurisdiction in Orange County (appointed by the Orange County Commissioners). 
• One (1) member is to reside within the Joint Planning Transition Area (also appointed by the Commissioners). 

Chapel Hill has an Extraterritorial Planning Jurisdiction (ETJ) and a Joint Planning Transition District (JPA). Both of these jurisdictional areas, located in Orange County and outside the Chapel Hill corporate limits, are covered by Chapel Hill zoning and planning regulations.  As Chapel Hill has grown, the extraterritorial jurisdiction has decreased in size.  Because the area of extraterritorial jurisdiction is smaller, it has become more difficult to find potential Planning Board members in the area.

On May 7, 2007, the Council delayed consideration of appointments to the Planning Board, and requested that a process to change the ETJ membership of the Planning Board be initiated.  The Planning Board has had a vacant extraterritorial planning jurisdiction position for the past year. 

The Council requested that this change to the Land Use Management Ordinance regarding composition of the Planning Board be made effective in time for new Board appointments in June. 

We learned in early June that the County Commissioners made an appointment to the vacant ETJ member position. We have notified the recent appointee of the proposed changes to the composition of the Board.  Our orientation of new Planning Board members typically occurs in July.  At the orientation session, new members take the oath of office and receive introductory information.  Once sworn in, new members are able to take a seat at the table and participate as full members of the Board. 

KEY ISSUES

At the June 18 Public Hearing, a representative of the Orange County Commissioners requested that the Council hold action on this matter until the Commissioners have had a chance to comment on the proposal.  We understand that the Commissioners will consider this item either at a work session on June 21 or at a business meeting on June 26.  We will report the recommendation of the Commissioners when it becomes available.

At the Hearing, a Council member noted that the Planning Board has no representation from the Durham County portion of Chapel Hill.  We encourage appointment of a Planning Board representative from this eastern portion of Chapel Hill.  Further recruitment may be necessary by the Clerk for this to occur.

ZONING AMENDMENTS

Article 4.4 of the Town of Chapel Hill’s Land Use Management Ordinance establishes the intent of Zoning Amendments by stating that, “In order to establish and maintain sound, stable, and desirable development within the planning jurisdiction of the Town it is intended that this chapter shall not be amended except:

a) to correct a manifest error in the chapter; or

b) because of changed or changing conditions in a particular area or in the jurisdiction generally; or

c) to achieve the purposes of the Comprehensive Plan.”

Article 4.4 further indicates:

It is further intended that, if amended, this chapter be amended only as reasonably necessary to the promotion of the public health, safety, or general welfare, and in conformance with the Comprehensive Plan.

We believe that a change to the Land Use Management Ordinance to adjust the composition of the Planning Board by reducing the number of ETJ members can be justified as a changed condition. As annexation has occurred and the Town has developed, the ETJ population has shrunk relative to the population within the Town limits.  Population figures indicate that a Planning Board with two ETJ members is no longer proportionally correct, as contemplated by the Statute, as it relates to population figures for the Town and its ETJ.

RECOMMENDATIONS

Planning Board Recommendation: The Planning Board reviewed the proposal on June 5, 2007 and voted 9-0 to recommend approval of the attached ordinance.  The Board recommended that the change not become effective until one of the two existing ETJ members either resigns or has served two consecutive three year terms.  A copy of the Summary of Planning Board Action is attached.

Staff’s Recommendation: We recommend that the Council enact the attached ordinance to change the Planning Board’s extraterritorial planning jurisdiction (ETJ) membership as defined in the Land Use Management Ordinance to reduce the Board’s ETJ membership from two to one ETJ representative in accordance with proportionate changes to population. We recommend that the Council enact the change, effective June 27. 

We believe the change is appropriate because of the proportionate population figures and do not recommend waiting several years to enact the change.  If the change is enacted and becomes effective immediately, the Council may appoint up to four new Town members to the Planning Board later on tonight’s agenda.  We encourage recruitment of the fourth member from the Durham County portion of Chapel Hill

ATTACHMENTS

1. Letter from Orange County Commissioner Chair Moses Carey, Jr. (p. 7).

2. June 18 Public Hearing Memorandum and its related attachments (p. 8).