AGENDA #4g
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Response to a Petition Concerning Purchase of Open Space
DATE: December 6, 2004
This memorandum is in response to a petition requesting that the Council establish a committee to develop recommendations for Town purchase of open space. The petitioner also asked the Council to consider purchasing open space outside of the Town’s jurisdictional limits.
The attached resolution would direct the Manager to prepare a report and update maps showing potential parcels for open space acquisition in the Town and nearby areas of Orange County. The Manager recommends adoption of the resolution.
In November 1996, Chapel Hill voters approved $3,000,000 in General Obligation bonds for purchase of open space.
On June 28, 1999, the Council adopted a resolution, setting out guidelines for the Manager to follow in recommending acquisition of particular parcels. The resolution also identified potential properties and easements for purchase.
On March 27, 2000, the Council established a goal of making more effective use of the Town funds allocated for purchase of open space.
On June 12, 2000, the Council adopted a resolution authorizing the Manager to prepare an analysis of undeveloped land in terms of the policy objectives adopted in June 1999.
In April 2002, the Council adopted a goal of using the remainder of the 1996 Open Space bond funds.
On November 11, 2002, the Council authorized the Manager to expand the search for open space properties from the specific areas authorized by the Council in 2000 to include any potential open space within the Town limits or extraterritorial jurisdiction (ETJ), as long as the properties addressed one of the primary goals identified by the Council.
In November 2003, Chapel Hill voters approved $2,000,000 in General Obligation bonds for purchase of open space.
On July 17, 2004 the State legislature enacted local legislation that allows the Town to purchase open space property within Orange County, outside of the Town’s jurisdictional limits, as long as condemnation is not used.
A list of land purchases using 1996 and 2003 Open Space bond funds is included as Attachment B.
On October 11, 2004, Mr. Thatcher Freund requested that the Council establish a committee to develop recommendations related to the purchase of open space by the Town. Mr. Freund also stated that the Council could do more to preserve the character of the Town by purchasing land outside of the Town limits because land is less expensive in the unincorporated portions of the County. He stated that this would allow the Town to buy more open space acreage when compared to the potential number of acres that could be purchased with the same funds inside the Town limits.
Budget: All $3,000,000 of the 1996 Open Space bond funds authorized by the voters have been spent. We have also spent a portion of the $2,000,000 in 2003 Open Space bond funds.
2003 Open Space Bond Authorization $2,000,000
Bond Funds Spent as of November 2004 $661,000
Total Remaining Funds/Authorization 1 $1,339,000
1 Of this amount we currently have approximately $539,000 on hand. The remaining $800,000 would be included in the scheduled 2006 bond sale.
Potential Creation of an Open Space Committee: The petition requested that the Council create a committee to review the Town’s current land acquisition practices and make recommendations. We do not recommend establishment of a special committee. In the past the Council has served as such a committee and has established open space acquisition guidelines. In 2002 the Council reviewed a parcel map of the Town, determined areas that should have priority for open space acquisition, and set guidelines for determining priorities. The Council has authorized the Manager to seek properties that meet at least one of the following goals:
We believe that the guidelines established by the Council have served well in identifying critical open space parcels and would continue to provide direction to the staff.
We also believe that it would be useful to prepare an updated property map showing recent acquisitions, properties that have been developed, and areas that could be considered for purchase. Areas that could be considered for purchase could include parcels inside the Town’s jurisdiction as well as properties in nearby Orange County. Adoption of the attached resolution would authorize the Manager to prepare a report and updated maps.
Current Acquisition Efforts: We are in communication with several property owners or their agents. In addition, we expect to enter into new land and easement acquisition discussions related to several greenway projects that are scheduled for planning in the near future.
Manager’s Recommendation: That the Council adopt the attached resolution directing the Manager to prepare a report and updated maps showing potential open space in the Town and nearby areas of Orange County.
ATTACHMENTS
A RESOLUTION DIRECTING THE MANAGER TO PREPARE A REPORT AND UPDATED MAPS SHOWING POTENTIAL OPEN SPACE IN THE TOWN AND NEARBY AREAS OF ORANGE COUNTY (2004-12-06/R-6)
WHEREAS, Chapel Hill voters authorized the expenditure of $2,000,000 in Open Space bonds in 2003; and
WHEREAS, approximately $1,339,000 in bond authorization remains for purchase of open space; and
WHEREAS, on November 11, 2002 the Council authorized the Manager to search for any potential open space parcels within the Town limits or extraterritorial jurisdiction as long as the properties addressed one of the primary goals identified by the Council; and
WHEREAS, on November 11, 2002 the Council reviewed a map showing undeveloped parcels suitable for open space acquisition; and
WHEREAS, several of the tracts indicated on the map have been purchased by the Town or developed; and
WHEREAS, in the legislature of the State of North Carolina enacted local enabling legislation which allows the Town of Chapel Hill to purchase open space outside of its jurisdiction,
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Manager is directed to prepare a report and update maps showing potential parcels for open space acquisition in the Town and nearby areas of Orange County.
This the 6th day of December, 2004.
“DRAFT” SUMMARY MINUTES OF A BUSINESS MEETING
OF THE CHAPEL HILL TOWN COUNCIL
MONDAY, OCTOBER 11, 2004, AT 7:00 P.M.
3a(1). Thatcher Freund, Regarding a Request for Council Committee to Discuss Strategies for any Future Town Expenditure for Open Space.
Chapel Hill resident Thatcher Freund thanked the Town Council and State legislators for providing “another weapon in the war on sprawl," by passing a bill that would allow the Town to buy open space outside its extra-territorial jurisdiction. He also praised the Town's plan for denser development downtown, but commented that such an approach would be useless without addressing sprawl and dependence on automobiles. Mr. Freund described open space preservation as the "poor stepchild" of the new urbanism. It was much discussed but then forgotten because building densely can be profitable while preserving land aside costs money, he said. But, thanks to the Town Council, Chapel Hill now had the funds to buy larger tracts and to compensate for increasing density in Town, Mr. Freund pointed out.
Mr. Freund stated that buying a conservation easement that would keep an entire farm free of development was a wiser use of Town money than buying a small, expensive parcel in a Town neighborhood. Arguing that the public would agree with that statement, he suggested arriving at a community consensus on the most efficient way to save open space. Mr. Freund asked the Council to consider forming a committee to develop and preserve open space in Orange Country. "That truly would be one of the greatest gifts we could ever give our children," he remarked.
Mayor Foy asked for input from the Manager regarding Mr. Freund's petition. He suggested that the Manager advise the Council on whether a committee or some other approach would be the best way to address the matter.
COUNCIL MEMBER STROM MOVED, SECONDED BY MAYOR PRO TEM WIGGINS, TO RECEIVE AND REFER THE PETITION TO THE MANAGER AND ATTORNEY. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
ATTACHMENT B – LIST OF PROPERTIES PURCHASED
USING 1996 AND 2003 OPEN SPACE BOND FUNDS
1996 OPEN SPACE BOND FUNDS
Acquisition Location Year Acres Price____
Cleland Road 1998 6 $279,000
Lower Booker Creek Trail 1998 3 2,000
Bennett Road 1998 9 158,000
Mt. Carmel Church Rd 2000 8 3,000
Dry Creek 2000 34 800,000
Junction Bolin and Booker Creeks 2000 9 11,000
Dickerson Court/Bolin Creek Trail 2001 2 100,000
Morgan Creek/Duke Energy 2002 2 3,000
Pritchard Park 2003 1 6,000
Dry Creek (north of I-40) 2003 18 179,000
Morgan Creek 2003 10 158,000
Tanyard Branch 2003 3 315,000
Dry Creek 1 2003 31 386,000
Fees, expenses 325,000
REMAINING 1996 FUNDS/AUTHORIZATION $0
2003 OPEN SPACE BOND FUNDS
Acquisition Location Year Acres Price____
Dry Creek 1 2003 31 $661,000
REMAINING 1996 FUNDS/AUTHORIZATION $1,339,000
1 Total price of $1,047,000 for purchase of 31.27 acres. $386,000 of purchase credited to 1996 bond and $661,000 to the 2003 bond.