town of fuquay-varina etj request etj pb 5-1-2019 ppt.pdf · criterion 7- existing etj staff...
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Town of Fuquay-Varina ETJ Request
Wake County Planning Board May 1, 2019
www.wakegov.com
▪ Extraterritorial Jurisdiction (ETJ) provides municipalities control over
development in areas expected to be within their jurisdictions in the near
future
▪ The prevalence and use of municipal extraterritorial jurisdiction with respect
to community planning and infrastructure development is widespread in
North Carolina
Extra-Territorial Jurisdiction
www.wakegov.com
State law authorizes municipalities to have ETJ areas based upon
the following: ▪ Existing or projected urban development
▪ Areas of critical concern to the town that are expected to come within their
corporate limits in the near future
▪ Allow for a smoother transition from county to municipal services
▪ Municipal population requirements
o 25,000 or more people = ETJ extension up to 3 miles from current
corporate limits (satellites excluded)
o State certified 2017 population estimate = 25,548
o U.S. Census official population estimate = 27,906
North Carolina State Law
www.wakegov.com
To plan for the long-term growth of the Town and its
surrounding lands including:
▪ Land Use Planning
▪ Zoning/Development Review
▪ Utility Infrastructure Planning and Construction
▪ Transportation Planning and Construction
▪ Public Safety Planning – Fire and Police
▪ Parks & Recreation Planning and Construction
Purpose of ETJ
Wake County Land
Use Plan General
Classifications Map
Identifies-
▪ City Limits
▪ Extra Territorial
Jurisdiction
▪ Short Range Urban
Services
▪ Long Range Urban
Services
▪ Non-Urban areas
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▪ Public input is encouraged
throughout the process from
town meetings, Planning Board
and Board of Commissioners
▪ Wake County Land Use Plan
contains seven criteria used to
evaluate ETJ proposals
Town of Fuquay-Varina ETJ Request
www.wakegov.com
Impacts on Property Owners
▪ Property converts from Wake County Zoning to Town of
Fuquay-Varina Zoning
▪ Bona-fide farms are exempt from municipal and county
zoning until the farm use ceases operation
▪ Residents can continue using private wells and septics
▪ State Law – Involuntary Annexation by referendum
www.wakegov.com
Impacts on Property Owners
▪ ETJ Extension is NOT Annexation
▪ ETJ residents DO NOT pay Town taxes
▪ ETJ residents CAN JOIN Fuquay-Varina Planning Board & BOA
▪ ETJ residents CANNOT VOTE in Fuquay-Varina Town elections
▪ Wake County does not provide public water, sewer nor maintain
public roads and sidewalks
www.wakegov.com
Town of Fuquay-Varina ETJ Request Timeline
▪ August 2018 – Town Council adopts resolution requesting ETJ
▪ August 2018 – Town Planning Department notified property owners of ETJ,
community meetings, and Frequently Asked Questions page
▪ September-October 2018 – Held five community meetings;
o Monday, Sept. 24, – Needmore Ruritan Club
o Wednesday, Sept. 26, – Wake Technical Community College
o Tuesday, Oct. 2, – FV Public Service Center
o Thursday, Oct. 19, - Fuquay-Varina Community Center
o Friday, Oct. 25, - FV Public Service Center
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Town of Fuquay-Varina Request
acreage is 22,038 acres, divided into
five (5) areas.
Wake County Planning Board - Land
Use Committee Meetings
▪ January 30, 2019
▪ February 20, 2019
▪ March 20, 2019
▪ Criterion 1- Classification as Urban Services Area (Long-Range, Short-Range,
Annexation Boundaries)
▪ Criterion 2- Commitment to Comprehensive Planning (Land Use Planning & Capital
Improvement Plan)
▪ Criterion 3- Adoption of Special Regulations (Watershed, Highway Overlays, Historic
Preservation)
▪ Criterion 4- Municipal Water and Sewer Service (Water & Sewer service planning and
construction)
▪ Criterion 5- Evidence of Feasibility for Urban Density (Land Use Plans, Development
Patterns, Growth)
▪ Criterion 6- Annexation within Ten Years (Annexation Policies and History)
▪ Criterion 7- Existing ETJ’s (Recent Annexations/Current ETJ)
Wake County Adopted Criteria
Criterion 1- Classification as Urban Services Area
Area within ETJ request is classified as
Fuquay-Varina’s Short Urban Services
within the General Classifications Map of
the Wake County Land Use Plan
Annexation agreements with:
▪ Town of Holly Springs (Area 1)
▪ Town of Garner (Area 3),
▪ Letter of Understanding with Cary (Area
2 & 3)
▪ Town of Garner (Area 4),
▪ Town of Angier (Area 5)- Expired,
however the two towns are working on a
new agreement
Criterion 2- Commitment to Comprehensive Planning
▪ Land Use Planning
o 2035 Community Vision Land Use Plan
o 2035 Community Transportation Plan (CTP)
o Pedestrian Plan
o Greenway Plan
▪ Wake County Fuquay-Garner Area Plan
o Adopted in 2004, growth areas & density
Town of Fuquay-Varina has adopted the following plan
elements:
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Criterion 2- Commitment to Comprehensive Planning
▪ Capital Improvement Plan (CIP)
o Town Supported Bonds in 2007 & 2015
▪ Community Transportation Plan (CTP)
o New development required to dedicate and
construct R-O-W
o Improvements include not only vehicular
lanes, but also pedestrian and bicycle
o Traffic Impact Analysis (TIA)
Criterion 3- Adoption of Special Regulations
▪ Neither Wake County or the Town of Fuquay-
Varina have a special Highway Overlay Zoning
District along NC 540
▪ Town’s Land Development Ordinance does
ensure transportation corridors are protected and
density increased along major corridors
▪ The Town participates in the Wake County
Historic Preservation Program and contains
many Landmarks and two historic districts
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Criterion 3- Adoption of Special Regulations
▪ Fuquay-Varina staff evaluated the current County development regulations and
recommended several ordinance changes related to agricultural uses not on a
bona-fide farm, home occupations, and fencing requirements etc. (adopted
January 2019)
▪ Bona-fide farms are exempt from municipal and county zoning until the farm use
ceases operation
▪ None of the requested ETJ area lies within the Swift Creek Land Management
Plan area or within Cape Fear watershed protection boundary, however the Town
has a watershed protection ordinance
Criterion 4- Municipal Water
Town’s water supplied by Harnett County, Johnston County and City of Raleigh
▪ Current supply of 4.25 millions gallons daily (MGD)
▪ The Town’s current peak consumption is 3.10 (MGD)
▪ The Town reports each household utilizes roughly 163 gallons daily
▪ Town recently completed a water capacity study, discussions with possible future
providers and continue to evaluate Town-owned and operated facility
▪ The Town is implementing new smart meter reading
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▪ Town of Fuquay-Varina’s wastewater is treated by
three facilities, Terrible Creek, North Harnett
Regional, and Brighton Forest facilities
▪ Town operates 25 pump stations, one pump station
under construction, 6 more are proposed and
designed
▪ The Town uses 2.04 MGD of its 5.7 MGD capacity
Criterion 4- Municipal Sewer
▪ Future capacity at Terrible Creek facility can double to 6 MGD, state issued
discharge permit and designed for expansion
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Criterion 4- Municipal Water & Sewer Service (Area 1)
▪ Harnett County Water District
▪ Major water trunkline along Piney Grove
Wilbon Rd.
▪ Existing water service throughout southern
portion of request
▪ Existing sewer east, upgrades planned
▪ NC 55 Corridor Development Pattern
Criterion 4- Municipal Water & Sewer Service (Area 2)
▪ Existing water & sewer service extended to
reach recent annexations
▪ Hilltop Needmore Water & Sewer service
driven by development and other needs
▪ Hilltop Water connection over to Lake
Wheeler Rd. (7,800 LF)
▪ Water Tank Storage- 1MGD
▪ Bentwinds Golf- sewer extension
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▪ Waterlines recently completed and operational
o Lake Wheeler Rd- 13,400 LF
o Ten-Ten Rd. – 2,000 LF
o Optimist Farm Rd – 3,200 LF
o Johnson Pond Rd – 2,900 LF
▪ Existing water & sewer service extended to
reach annexations (Ten-Ten Rd & Lake
Wheeler)
▪ Planned sewer upgrades include Middle Creek
Sewer interceptor, pump stations, 401 North
Sewer
Criterion 4- Municipal Water & Sewer Service (Area 3)
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Criterion 4- Municipal Water & Sewer Service (Area 4)
▪ Major water trunkline along NC 42- connects
to Johnston County
▪ Sewer/Water Service planned along Panther
Lake Rd to John Adams Rd Area
▪ Sewer service extended along Hilltop Rd to
NC 42
▪ Water extension along Kennebec Rd
Criterion 4- Municipal Water & Sewer Service (Area 5)
▪ Existing water & sewer service extended to
reach recent annexations (Hidden Valley-
Purfoy Rd South)
▪ Water service extensions along Kennebec,
Eddie Howard, Walter Myatt, Buck Rowland &
Maude Stewart
▪ Sewer extensions along NC 55 to Walter Myatt
Rd as well as Hidden Valley to Angier Rd.
▪ Willow Springs High School- 2019 Opening
Criterion 5- Feasibility for Urban Density Development
▪ NC 540 Expansion from Holly Springs to US 401 and I-
40 (STIP 2022)
▪ Planned upgrade to US 401 to superstreet cross section
▪ Completion of town projects funded by voter approved
bonds
▪ Proximity to job centers and transportation network
▪ Large undeveloped parcels close to transportation and
public sewer and water utilities
Willow Spring High School
Town of Fuquay-Varina Land Use Plan has
densities that would support annexation except
in the Rural Living classification, higher density
along major corridors
Criterion 5- Feasibility for Urban Density Development
▪ Residential densities/mixed use classification vary per acre depending on the location
▪ Wake County Public School Sites (Willow Spring HS, Bowling Rd Site, Hilltop Needmore )
▪ US 401- Wake County Transit Plan- connecting Fuquay-Varina to employment and activity
centers. Current service to Garner/Raleigh & Wake Tech Route
Criterion 6- Annexation within Ten Years
▪ Voluntary annexation is required by the Town for connections of municipal
water/sewer service
▪ The Town of Fuquay-Varina has annexed roughly 2,658 acres of its urban
service area outside of current ETJ
▪ In the past three years, the town has seen an increase in annexations
o 2018- 998 acres
o 2017- 794 acres
o 2016- 390 acres
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Criterion 6- Annexation within Ten Years
▪ 5-Year Average Single Family Building
Permits- 604 permits/year
▪ Development Patterns- SW Wake along
NC 55 & future NC 540
▪ 2010 to 2017 Population Growth – 9,969
▪ Future NC 540 Interchanges at Bells Lake,
US 401 & Old Stage Rd
Criterion 7- Existing ETJ
▪ Current Corporate Limits- 10,846
acres
▪ Current ETJ- 8,453 acres
▪ In 1988, the Town’s corporate limits
consisted of 3,418 acres and the ETJ
was 8,776 acres
▪ Town has had five ETJ extensions
since 1988 for 3,971 acres
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Criterion 7- Existing ETJ
ETJ Expansion History Since 1988
ETJ Expansion Request Name
Date Acreage Included in
Request
Acres Annexed Since Approval
Percent of Expansion Annexed
John Deere 1 January 1996 136 136 100%
John Deere 2 December 1999 48 0* 0%
US 401 Corridor February 2002 3,660 813.9** 22.2%**
Cozart Property August 2002 55 0 0.0%
Holly Springs Swap May 2013 48.9 34.2 70%
Wade Nash Road June 2016 23.3 0 0%
*John Deer utilizes the land for its local operations, however the property has not been annexed. **The Town annexed 106.8 acres near the intersection of Hilltop-Needmore and Lake Wheeler and the
most recent ETJ report did not reflect that change.
Within the current ETJ, roughly 9% or 768 acres of existing development is receiving
Town water and/or sanitary sewer but not annexed within Town limits
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Criterion 7- Existing ETJ
Staff Findings
1) The Town of Fuquay-Varina’s request for 22,038 acre ETJ Extension is in accordance with
North Carolina State law 160A-360 Article 19.
2) The Town of Fuquay-Varina’s request for 22,038 acre ETJ Extension is all within the Town’s
Short Range Urban Services Area on the Wake County Land Use Classification Map.
3) The Town of Fuquay-Varina recently adopted its 2035 Community Vision Land Use Plan and
Community Transportation Plan, and Land Development Ordinance.
4) The Town of Fuquay-Varina Community Improvement Program (CIP) provides a 5-year plan for
water & sewer infrastructure, street improvements, and community services.
5) The Town’s CIP shows the areas within the ETJ request that will have municipal and water
sewer service nearby within the 5-year timeframe.
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Staff Findings
6) The Town’s requested areas for ETJ expansion have portions that will not have major utility
infrastructure within the 5-year timeframe of the ETJ Review Criteria.
7) The Town of Fuquay-Varina is experiencing growth pressure within its Urban Services Area
shown by recent annexations and municipal utility extensions.
8) The Town’s requested areas for ETJ expansion have portions designated Rural Residential
(less than .33 dwelling units per acre) within the 2035 Community Vision Land Use Plan.
32
Town of Fuquay-Varina
request 22,038 acres
Wake County Planning
Staff Recommendation
Areas in Orange
11,240 acres
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Area 1- Recommendation (1,780 Acres)
▪ Harnett County Water Service District
▪ NC 42 West
▪ Wilbon & Wade Nash Roads
▪ Piney Grove Wilbon Road
▪ Recent Annexations- westward
▪ Holly Springs Development Pattern
▪ NC 55 Corridor
▪ Growth in Harnett County
▪ Lack of sewer in the western portion
34
Area 2- Recommendation (2,576 Acres)
▪ Utility Extensions along Hilltop
Needmore Road
▪ Existing utilities along Sunset Lake,
Old Mills, James Slaughter
▪ Bentwinds Golf Club & Vintage Ridge
Lane
▪ Recent Annexations & Pending
Development
▪ Wake County school site at Crooked
Creek within 5 year timeframe
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Area 3- Recommendation (1,959 Acres)
▪ Recent Utility Extensions along Lake
Wheeler, Ten-Ten, Optimist Farm,
Johnson Pond Rd.
▪ NC 540 Interchange with NC 401
▪ Recent Annexations & Pending
Development
▪ Garner Growth along north side of Ten-
Ten Road
▪ Excess capacity at Brighton Forest
▪ Rail line used as the eastern boundary,
and Johnson Pond Rd as the western
boundary of Area 3
36
Area 4- Recommendation (996 Acres)
▪ NC 42 East
▪ Recent Annexations & Pending
Development
▪ NC 42 & Hilltop Road
▪ No plans in the CIP for extensions
along Banks Rd, Fanny Brown, Old
Stage
▪ Panther Lake extensions in 10-year
plan, but not in 5-year CIP
37
Area 5- Recommendation (3,928 Acres)
▪ Willow Spring High School
▪ Purfoy & Angier Roads South
▪ Recent Annexations & Pending
Development
▪ Utility extensions Kennebec, Eddie
Howard, Maude Stewart, Buck
Rowland, Walter Myatt, Walter Myatt
Pump Station
▪ NC 55 Growth
▪ No utility extensions planned in the
eastern section of Area 5
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Town of Fuquay-Varina
request 22,038 acres
Wake County Planning
Board Land Use Committee
Recommendation
Areas in Purple Stripe
11,870 acres
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Public Comment
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Board Discussion and Action
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Next Steps
▪ Wake County Board of Commissioners Public Hearing – TBD
▪ Property owners in the request area will be notified of the
public hearing
▪ Visit www.wakegov.com/fvetj for more information and
meeting documents