AGENDA #2
MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Public Hearing on Proposed Larkspur Annexation Area
DATE: March 21, 2005
In accordance with State annexation law, the Council called this hearing on January 10, 2005, to receive comments from citizens and residents and owners of property in the proposed Larkspur annexation area. If the Council decides to annex the area, the Council could consider adopting the annexation ordinance between 10 and 90 days after the hearing. The Council's schedule presently calls for consideration of adoption of the annexation ordinance on April 11, 2005.
OVERVIEW
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 Town of Chapel Hill’s general policy, as reflected in annexation decisions in the last 20 years, has been to annex areas when they qualify under State law and the Town can practically extend and finance municipal services to the qualifying areas. Furthermore, the Town’s Comprehensive Plan includes the objective that development proceed outward from existing developed areas at the same time as public facilities and services are extended within the Town’s Urban Services Area.
Annexations may be initiated by the Town or may be initiated by petition. Town-initiated annexations provide the benefit of promoting the orderly and comprehensive extension of Town services while also providing the opportunity to create clear and easily recognizable Town boundaries.
Annually, the Council reviews the character of developing areas around the Town’s existing corporate limits to determine if there are any areas which qualify for Town-initiated annexation.
BACKGROUND
The Larkspur Area is located northwest of the present Town limits and includes the Larkspur subdivision phases I and II located in Chapel Hill Township, Orange County, North Carolina (please see map on p. 13, Attachment 2).
On November 24, 2003, the Council adopted a resolution designating this area and other areas as being under consideration for future annexation.
On January 10, 2005, the Council adopted a resolution of intent to consider annexing this area and called a public hearing for March 21, 2005.
On January 24, 2005, the Council approved a report setting forth plans for extending and financing municipal services to this area on substantially the same basis and in the same manner as for the rest of the Town. The service plan was prepared in accord with State annexation laws (G.S. 160A-47 and other sections).
On March 3, 2005, a public information meeting was held at the Chapel Hill Public Library.
DISCUSSION
Service Plan
The annexation service plan approved by the Council on January 24, 2005 (R-10b), includes the following key points:
· The Public Works Department can properly provide single-family refuse collection to the proposed annexation area with existing personnel levels and equipment.
· Police protection will be provided with existing personnel levels and equipment.
· Fire Protection will be provided with current personnel levels and equipment.
· The Town will assume maintenance of various public streets that are now publicly maintained or which are improved to Town standards in the future. Street maintenance, and other street-related services, will be provided with present personnel levels and equipment.
· The Transportation Department will provide “Shared Ride Feeder Service” to the nearest fixed-route bus service for the annexation area. Currently, feeder service to and from bus routes is similarly provided in areas of town which do not receive regular bus service due to low density.
· No major water or sewer line extensions are needed into the annexation area in order to meet legal requirements. Extensions within the annexation area could be done under the extension and financing policies of the Orange Water and Sewer Authority (OWASA) and of the Town of Chapel Hill. Under OWASA's policies, benefiting property owners bear most of the cost of such extensions.
· All other Town services also will be provided on the same basis and in the same manner as within the present Town limits. The annexation service report lists these services in detail.
· For the 2005-2006 fiscal year, revised estimated costs are $29,130 and estimated revenues are $116,918 (see Attachment 3). Since January 24th when the service plan was approved by the Town Council, we have revised these estimates downwards, to use the correct ad valorem rate for 2004-2005 of 51.6 cents per $100. The revised estimate for real and personal property revenues and other estimated revenues, is sufficient to pay the costs of extending services to the annexation area. On April 11, 2005, when the Town Council is scheduled to consider adoption of an annexation ordinance, we shall include a resolution for the Town Council to adopt this correction as an amendment to the service plan.
· On January 24, 2005, the Council requested additional information concerning unit costs of providing services to the proposed annexation area. Please see Attachment 4 for an analysis.
· The proposed effective date of annexation is June 30, 2005, at 11:59 PM to coincide with the Town's budget year or service year beginning July 1 each year. Property annexed with an effective date of June 30, 2005, would be billed for a full year of services (July 1, 2005 - June 30, 2006). Annexations effective at other times during the year would receive prorated tax bills based on the fiscal year, not the calendar year.
The Larkspur annexation area is within the Chapel Hill Transition Area on the Joint Planning Land Use map, and is presently subject to the provisions of the Joint Planning Agreement. If the Larkspur area is annexed, however, it would no longer be subject to these provisions.
Steps in the Annexation Process
North Carolina State law sets forth detailed procedures for considering annexation. These procedures are discussed in the General Statutes, Sections 160A-45 through 160A-54.
In accordance with North Carolina G.S. 160A-49, notices of this public hearing and the March 3, 2005, public information meeting were mailed on February 1, 2005, to property owners listed in Orange County tax records. Certification of the mailings is attached and is formally submitted as part of this public hearing (please see Attachment 2).
In accordance with G.S. 160A-49, notice of this public hearing and the public informational meeting was published in the Chapel Hill Herald on February 20, and February 27, 2005.
NEXT STEPS
After consideration of comments from the public hearing, the Council may make amendments to the service plan and may enact annexation ordinances between 10 and 90 days after the hearing. The Council's schedule calls for consideration of enactment of the annexation ordinance on April 11, 2005.
CONCLUSION
Preliminary Recommendation: The Town Manager recommends that the Council enact the annexation ordinance.
ATTACHMENTS
1. Draft Ordinance scheduled for adoption on April 11, 2005 (p. 5).
3. Revised Appendix E from Service Report; Estimated Costs and Revenues (p. 21).
4. Examples of Annexation Effects on Per Capita Cost of Service (p. 26).
DRAFT
AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE TOWN OF CHAPEL HILL, UNDER THE AUTHORITY GRANTED BY PART 3, ARTICLE 4A, CHAPTER 160A OF THE GENERAL STATUTES OF NORTH CAROLINA
WHEREAS, all of the prerequisites to adoption of this ordinance prescribed in Part 3, Article 4A, Chapter 160A of the General Statutes of North Carolina, have been met; and
WHEREAS, the Council of the Town of Chapel Hill has taken into full consideration the statements presented at the public hearing held on the 21st day of March, 2005, on the question of this annexation; and
WHEREAS, the Council of the Town of Chapel Hill has concluded and hereby declares that annexation of the area described herein is necessary to the orderly growth and development of the Town of Chapel Hill;
NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Chapel Hill as follows:
SECTION I
From and after 11:59 p.m. on the 30th day of June, 2005, the effective date of this annexation, the following territory shall be annexed to and become a part of the Town of Chapel Hill, and the corporate limits of the Town of Chapel Hill shall on said 30th day of June, 2005, be extended to include said territory more particularly described as follows:
Larkspur Area. The Larkspur single family residential subdivision phases I and II located in Chapel Hill Township, Orange County, North Carolina. The boundaries of the area under consideration for annexation are shown on the attached Map 1, incorporated as a part of this Resolution. This area is further described as:
All that certain tract or parcel of land lying, situated and being in Chapel Hill Township, Orange County, North Carolina, being more particularly described as follows:
(Metes and bounds description of external boundary to be added)
General description:
Beginning at a point on the existing Town of Chapel Hill city limits line and the western edge of Weaver Dairy Road Extension right-of-way; said point also being the southeastern most corner of Larkspur Subdivision and specifically identified as Lot 7.18D..1C. Thence proceeding westerly along said lot’s southern boundary and the city limits line approximately 177 feet to said lot’s southwest corner, a point on the eastern right-of-way of the State University Railroad Spur
of the Norfolk Southern Railroad. Thence leaving the city limits line and proceeding northwardly along the eastern edge of said railroad right-of-way for a distance of approximately 2,815 feet to a point on said railroad right-of-way that is the northwest corner of Lot 7.18D..1D. This said northwest corner is also the northwest corner of the Larkspur Subdivision. Thence proceeding in an easterly direction approximately 1,345 feet along the northern boundary of Larkspur Subdivision to the northeast corner of said subdivision, said point also being the northeast corner of Lot 7.18D..1E. Thence turning southward and proceeding approximately 1,006 feet along the eastern boundary of Larkspur Subdivision to a point on the Chapel Hill city limits line, said point also being the northwest corner of Lot 7.18..160. Thence proceeding southwardly along the city limits line and the eastern boundary of Larkspur, crossing Old Larkspur Way, for approximately 1,460 feet to the southeastern corner of Lot 7.18D..1C, said point being on the Weaver Dairy Road Extension right-of-way and being the point and place of beginning. Containing 39.9 acres more or less.
SECTION II
The Council of the Town of Chapel Hill does hereby specifically find and declare that the above described territory meets the requirements of G.S. 160A-48, in that:
1. The area is contiguous to the Town limits.
2. Over one-eighth (12.5%) of the aggregate external boundary of the area under consideration coincides with the existing Town limits. As noted above, 25% of the annexation area boundary is contiguous with the present Town primary corporate limits.
3. None of the area is within the boundary of an incorporated municipality.
3. Recorded property lines and streets have been used in fixing the proposed municipal boundaries resulting from this annexation.
4. The annexation area is composed of one area which meets the statutory requirements for urbanization in G.S. 160A-48(c)(1) in that:
The area has a total resident population equal to at least 2.3 persons for each acre of land included within its boundaries, demonstrated as follows:
The number of dwelling units (34), multiplied by the average household size in the Chapel Hill Township according to the latest decennial census (2.3) gives the estimated total resident population (78), which, divided by the total number of acres (33.4 acres, excluding street rights-of-way), yields 2.3 persons per acre.
5. The annexation area is composed of one area which also meets the statutory requirements for urbanization in G.S. 160A-48(c)(3) in that:
60% or more of the total number of lots and tracts in the area are used for residential, commercial, industrial, institutional or governmental purposes, and 60% or more of the total of residential and undeveloped acreage consists of lots and tracts three acres or less in size, all of which is demonstrated as follows:
Total number of Lots and Tracts = 91
Number of lots and tracts used for:
Residential 86
Commercial 0
Industrial 0
Institutional 5
Governmental 0
Total 91
Lots used for specified purposes = 91 = 100 %
Total number of lots and tracts 91
Total Residential and Undeveloped acreage [total acreage, not counting acreage used for commercial, industrial, governmental and institutional purposes]
= 19 acres.
Residential and Undeveloped acreage in lots and tracts three acres or less in size
= 19 acres
Res. & Undev. Acreage in Lots/Tracts< 3 acres = 19 = 100%
Total Residential & undeveloped Acreage 19
SECTION III
It is the purpose and intent of the Town of Chapel Hill to provide services to the area being annexed under this ordinance, as set forth in the report of plans for services approved by the Council of the Town of Chapel Hill on the 24th day of January, 2005, and filed in the office of the Clerk for public inspection.
Such services will include:
1. Refuse collection as described in said report.
2. Maintenance and repair of any publicly-maintained streets or streets that are built or improved to Town of Chapel Hill standards for acceptance into the Town-maintained street system, and other street maintenance services as described in the report.
3. Police protection including periodic patrols, crime prevention investigation of crimes, enforcement of ordinances and statutes and other police services as described in the report.
4. Fire protection, including suppression, preventive inspections, and code enforcement as described in the report.
5. Extension of water and sewer lines under financing policies of the Orange Water and Sewer Authority (OWASA) and the Town of Chapel Hill, as described in the report.
6. Parks and recreation, library, housing and construction code enforcement, zoning and planning, public transportation and other services as described more fully in the report.
SECTION IV
The Council of the Town of Chapel Hill does hereby specifically find and declare that public water trunk lines and sewer outfall lines are already extended into the annexation area, and no requests for water and sewer extensions in the annexation area have been received under G.S. 160A-47, so that no additional extensions of water or sewer extensions will be necessary under G.S. 160A-47 on the effective date of annexation prescribed in Section I above. Property owners may have public water and sewer lines extended within the annexation area in accord with extension and financing policies of the Orange Water and Sewer Authority (OWASA) and the Town of Chapel Hill.
SECTION V
From and after the effective date of this annexation, the territory annexed and its citizens and property shall be subject to all debts, laws, ordinances and regulations in force in the Town of Chapel Hill, and shall be entitled to the same privileges and benefits as other parts of the Town of Chapel Hill.
SECTION VI
The newly annexed territory described hereinabove shall be subject to the Town of Chapel Hill taxes according to G.S. 160A-58.10.
SECTION VII
The Mayor of the Town of Chapel Hill shall cause an accurate map of the annexed territory described in Section I hereof, together with a duly certified copy of this ordinance, to be recorded in the Office of the Register of Deeds of Orange County, and in the Office of the Secretary of State in Raleigh. Such a map shall also be delivered to the Orange County Board of Elections as required by G.S. 163-288.1.
This is the ___ day of _____, 2005.