AGENDA #2

 

MEMORANDUM

 

TO:                  Mayor and Town Council

 

FROM:            W. Calvin Horton, Town Manager

 

SUBJECT:       Public Hearing on a Petition for Voluntary Annexation of Avalon Park

 

DATE:             October 20, 2003

 

 

The purpose of this public hearing is to provide citizens an opportunity to comment on the petition to annex Avalon Park.

 

BACKGROUND

 

Under State Law upon request by the owners of property which meets statutory requirements and lies outside the Town limits, the Town of Chapel Hill may extend the Town limits to include that property. This specific property is located inside the Chapel Hill Transition Area of the Joint Planning Agreement with Orange County and the Town of Carrboro. The Joint Planning Agreement permits the annexation of property within the Transition Area. By extending the Town limits the Town becomes obligated to provide Town services to that property. This is known as voluntary annexation.

 

The Town received a voluntary annexation petition from Accord Contractors and Developers dated June 25, 2003, for the site of the approved Avalon Park subdivision (Attachment 1).

 

The property is located east of the intersection of Homestead and High School Roads, across from Chapel Hill High School (Attachment 2).  On January 17, 2003, the Town Council approved the subdivision of this land for a project named Avalon Park. The subdivision consists of 10 single-family lots.

 

On August 25, 2003, the Town Council considered a report which analyzed whether it should accept this voluntary annexation petition. The Town Council determined that the ten dwelling units to be built in this small development would have no adverse impact on the Town’s long term annexation strategy and set a date for this public hearing.

 

DISCUSSION

 

In accordance with State statutes this area meets the tests for a voluntary annexation. The property lies inside the Town’s urban services area. It is contiguous to the primary Town limits and is to be connected to existing water and sewer lines.

 

Town services are currently provided to this property. Water and sewer lines will be extended by the developer during construction.

 

We believe that municipal services can be provided with existing personnel and equipment. The Town Clerk has certified that the petition is sufficient (Attachment 3), and we believe that it meets all the requirements under North Carolina General Statutes (G.S. 160A-31).

 

The proposed effective date of annexation is December 31,, 2003.

 

G.S. 160A-31.1 requires the Town pay a portion of the long term debt of the volunteer fire department serving the area, provided such debt was existing at the date of certification of the annexation petition. On the effective date of the annexation the Town must pay annually a proportionate share of any payment due on debt relating to facilities and equipment of the rural fire department. The payment is based on the same proportion that the assessed value of the annexed portion of the district bears to the assessed valuation of the entire district. In this case the assessed value of the annexed portion represents less than 0.04 percent of the entire district. The Town has requested debt information from the New Hope Volunteer Fire Department, which currently serves the area of Avalon Park.

 

The approximate 2004-2005 property tax revenue for Avalon Park is approximately $1,000. As the subdivision is built, this revenue is expected to increase substantially.

 

NEXT STEPS

 

Subject to comments made at this public hearing the Town Council may adopt an annexation ordinance for this area at its meeting on November 10.  The proposed effective date of annexation is December 31 ,, 2003.

 

The next step is to develop a debt payment proposal for the portion of the long term debt of the volunteer fire department serving the area. The proposal will be brought to the Council for approval before the effective date of annexation.

 

RECOMMENDATION

 

The Council refer comments made at this public hearing to the Manager and Attorney.

 

ATTACHMENTS

 

1.         Petition for Annexation (p. 3).

2.         Map 1. “Annexation Petition Area” (p. 4).

3.         Certificate of Sufficiency (p. 5).

4.         Annexation Ordinance (p. 6).