AGENDA #4j
MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Consideration of a Voluntary Annexation Petition from Avalon Park Developer
DATE: August 25, 2003
The purpose of this report is to present our evaluation of whether the Council should accept a voluntary annexation petition received for the site of the approved Avalon Park subdivision and call a public hearing to consider the proposal.
We recommend the Council adopt the attached resolution to accept the petition and proceed with the requested annexation.
BACKGROUND
The Town received a petition to annex 4.646 acres of land from Accord Contractors and Developers dated June 25, 2003 (Attachment 1).
The property is located east of the intersection of Homestead and High School Roads, across from Chapel Hill High School (Maps 1 & 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.
Annexation Strategy
Annexation is the process by which towns and cities expand their corporate limits to provide for the orderly extension of municipal services to areas that are becoming urbanized. The required municipal services include police protection, fire protection, garbage and trash collection, maintenance and lighting of public streets (excluding State roads), and all other services provided by the municipality, on the same basis as provided within the existing municipal boundaries.
The Town's general policy, as reflected in annexation decisions in the last 20 years, has been to annex areas within the Town’s Urban Services Boundary when they qualify under State law and when the Town can practically extend and finance municipal services to the qualifying areas.
The Town’s long range strategy has a preference for Town-initiated annexations because they allow the Town to have greater control over the timing of growth and the shaping of the Town’s corporate limits.
Town-initiated annexations promote the efficient extension of Town services. The Town's Comprehensive Plan includes an objective that development moves outward from existing developed areas at the same time as public facilities and services are extended.
Under State Law the Town may use three methods to annex land, these are: “Town-initiated” (involuntary), “Contiguous Petition” (voluntary) and “Non-Contiguous Satellite Petition” (voluntary). A summary of each method together with a list of annexations the Town has completed since 1992 are set out in Attachment 2 to this report.
Land Use Plan Context
The petition area is defined in Town of Chapel Hill Comprehensive Plan (2000) as low residential 1-4 units per acre.
DISCUSSION
The petition has been investigated and we find that it has been signed by all the owners of real property lying in the area. A Certificate of Sufficiency is included as Attachment 3 to this report.
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.
We have carried out a small area analysis of the potential for the Town to initiate annexations in this area either with or without the subject property. We also have consulted with the Orange Water and Sewer Authority concerning projections for water and sewer infrastructure to the area.
The petition area lies inside the Town’s urban services area. In order for the town to initiate annexations, the areas under consideration need to satisfy several tests under State Law. The tests relate to the existing population density and intensity of development at time of annexation and whether services are available or can be extended to the area within two years of annexation. The Town’s policy has been to initiate annexations of property within the urban services area when areas are developed to urban density and when it can practically do so.
Our analysis indicates that the ten dwelling units to be built in this small development have no adverse impact on the Town’s long term annexation strategy. The cost of service and revenues derived from the petition area will be assessed prior to a public hearing.
RECOMMENDATION
We believe that accepting this voluntary annexation petition would not be detrimental to the Town’s longer term strategy. The petition meets the statutory tests for a contiguous annexation.
We recommend that the Council adopt the attached resolution calling a public hearing for October 20, 2003. Council consideration of the petition to annex this land would be tentatively scheduled for November 10, 2003.
MAPS
Map 1. “Annexation Petition Area” (p. 9).
Map 2. “Chapel Hill’s Northwest Joint Planning Agreement Transition Area” (p. 10).
A RESOLUTION CALLING A PUBLIC HEARING ON A PETITION TO ANNEX LANDS PURSUANT TO G.S. 160A-31 (2003-08-25/R-11)
WHEREAS, a petition requesting annexation of the area described herein has been received; and
WHEREAS, the sufficiency of the petition has been investigated; and
WHEREAS, certification by the Town Clerk as to the sufficiency of the petition has been made;
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Chapel Hill, North Carolina that:
Section 1. A public hearing on the question of annexation of the contiguous area described herein be held at The Town Hall 306 South Columbia Street, Chapel Hill at 7:00 p.m. on Monday, October 20, 2003.
Section 2. The area proposed for annexation is described as follows:
4.646 acres of land located west of the intersection of Homestead and High School Roads, being all of Lot 3 as shown on plat survey by Jack R. Thomason, PLS, entitled “Recombination for Lots 1A, 1B, 2,3”, dated 10/05/98 and recorded in Plat Book 83, Page 122, Orange County Registry. Tax Map 7.109..9P
Section 3. That the Town Manager shall cause notice of the public hearing to be published, in a newspaper having general circulation in the municipality, at least 10 days before the date of the public hearing.
This the 25th day of August, 2003.
