AGENDA #4c
MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Proposed Extension of Boundary for Downtown Service District
DATE: May 8, 2006
PURPOSE
The attached resolution would receive this memorandum as the required report under N.C.G.S. 160A-Sec. 538 (c) for proposed revised boundaries for the Downtown Service District.
BACKGROUND
As reported to the Council in the Memorandum of April 24, 2006 (Attachment 1), we believe that properties which face primary business streets in the downtown are appropriate for inclusion within the service district and for receipt of the services provided by the District tax, with the exception of properties designed for single family housing.
Establishing this principle would result in the inclusion of mixed use developments and residential multi-unit developments in the Downtown Service District.
We recommend that the Council consider altering the District boundaries to fully include in the district all of single lots which are now only partially included within the District, where the property is used for a single purpose. For example, the District currently includes parcels with buildings and parking within a single lot, but only portions of these parcels are included in the Downtown Service District.
On April 24, 2006, Council called a hearing for May 22nd to receive comment on proposed boundary changes for the Downtown Service District. Two weeks prior to the hearing, the Council must cause a report to be made available that meets the requirements of G.S. 160A-538 (c). In accordance with G.S. 160A-538(c), the Council is required to “cause to be prepared a report containing:
1) A map of the service district and the adjacent territory, showing the present and proposed boundaries of the district;
2) A statement showing that the area to be annexed meets the standards and requirements of G.S. 160A-538 (See discussion below), and
3) A plan for extending services to the area to be annexed.”
DISCUSSION
In response to the requirements for reporting on the revision of the Downtown Service District boundaries, Attachment 2 includes a map showing the current and proposed boundaries of the Downtown Service District with the adjacent territory.
We believe that the properties proposed for inclusion within the extended service district boundaries meet the standards of N.C.G.S. Sec. 160A-538 (a) which provides:
§ 160A‑538. Extension of service districts.
(a) Standards. – The city council may by resolution annex territory to any service district upon finding that:
(1) The area to be annexed is contiguous to the district, with at least one eighth of the area's aggregate external boundary coincident with the existing boundary of the district;
(2) That the area to be annexed requires the services of the district.
The area to be annexed is contiguous with the current Downtown Service District boundaries. At least one eighth of the area’s aggregate external boundary is coincident with the existing boundary of the District. The Downtown Service District provides services promoting the Downtown District and meeting unique service needs of the District property owners. Through the Downtown Partnership, the Downtown Service District received services to create a cleaner and safer environment, to promote businesses and special events, to rehabilitate historic structures and to offer speakers on topics of interest to the Downtown District. The area to be annexed requires the services of the district.
District services would be extended to newly annexed properties as of July 1, 2006 for properties of record as of January 1, 2006. As of that date the newly annexed properties would receive the services of the Downtown Service District.
RECOMMENDATION
That the Council adopt the attached resolution receiving this report in accord with the procedure of State law.
ATTACHMENTS
1. Memorandum of April 24, 2006 (p. 4).
2. Maps of current and proposed Downtown Service District boundaries (p. 10).
