AGENDA #7b
MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Annexation Ordinance for Vineyard Square Annexation Area
DATE: April 11, 2005
Enactment of the attached ordinance would annex the Vineyard Square annexation area effective at 11:59 p.m. on June 30, 2005. The Vineyard Square annexation area is located northwest of the present Town limits and includes the Vineyard Square multi-family residential development, abutting properties with frontage on Homestead Road and the abutting right-of-way of the State University Railroad spur of the Norfolk Southern Corporation located in Chapel Hill Township, Orange County, North Carolina. A map showing the Vineyard Square annexation area is attached.
BACKGROUND
In accordance with State laws on annexation, the Town Council has taken the following actions in considering the proposed annexation area:
November 24, 2003 Adopted a resolution designating this area and other areas as being under consideration for future annexation.
January 10, 2005 Adopted a resolution of intent to consider annexing this area and called a Public Hearing for March 21, 2005.
January 24, 2005 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).
March 3, 2005 Public information meeting held.
March 21, 2005 Public hearing to receive comments from residents and owners of property in the annexation area and from residents in the present Town limits.
April 11, 2005 Correction of tax rate listed in Service Report.
Under annexation laws, the Council may enact an annexation ordinance between 10 and 90 days after a public hearing. The annexation may go into effect between 70 and 400 days after enactment of the ordinance.
COMMENTS AT PUBLIC HEARING
No citizen comments were received at the March 21, 2005 public hearing relating to the Vineyard Square annexation area.
NEXT STEPS
Town departments would implement plans to begin serving the annexation area upon the effective date of annexation. In addition, the annexation ordinance and map would be recorded with the Orange County Register of Deeds and the North Carolina Secretary of State.
Finally, about one week before the effective date of annexation, information about Town services would be distributed to area residents.
RECOMMENDATION
The Town of Chapel Hill has been committed to the logical, comprehensive and orderly extension of the corporate limits within the Towns Urban Services Area. Enactment of the attached ordinance would continue the Town Councils policy of annexing areas when they qualify under State law and the Town can practically extend and finance municipal services to the qualifying areas.
Manager's Recommendation: That the Council enact the annexation ordinance.
ATTACHMENTS
1. Map of Annexation Area (p. 7).
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 (2005-04-11/O-3)
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:
Vineyard Square Area. The Vineyard Square multi-family residential development, abutting properties with frontage on Homestead Road and the abutting right-of-way of the State University Railroad spur of the Norfolk Southern Corporation 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:
Beginning at a point on the existing Chapel Hill Corporate Limit Line and on the northern right-of-way of Homestead Road, said point also being on the western right-of-way of the Southern Railroad. Thence from said point of beginning and with a new line along the western right-of-way limits of Southern Railroad in a northeasterly direction and curving to the right, said curve having a radius of 2990.69 (See P.B. 91, Pg. 121) and an arc distance of 487.91 a chord bearing of N 16°5751 E 487.37 to a point; thence continuing with the western right-of-way of the aforementioned Southern Railroad right-of-way limits N 21°3816 E 1098.45 to a point on the existing Chapel Hill Corporate Limit Line; thence leaving said railroad right-of-way limits and with the existing Corporate Limits Line the following calls; thence S 89°1546 E crossing said railroad right-of-way and being the common line with Parkside II Subdivision (See P.B. 88, Pg. 95) 1,352.65 to a point on the N/F Town of Chapel Hill property (See D.B. 1,567, Pg. 34) and labeled control corner on aforementioned plat 91, Pg. 121. Thence with the common line of the Town of Chapel Hill Property S 31°3316 E 455.24 to a point; thence continuing with the existing Corporate Limit Line S 27°3303 W 659.10 (See P.B. 91, Pg. 121) to a point, thence S 27°3837 W 368.80 to a point on the northeastern most corner of the N/F Linker property (See D.B. 909, Pg. 529), thence N 86°3314 W 176.94 to the northwestern most corner of the aforementioned Linker property, thence S 04°1815 W with the Linker property westernmost line 275.23 to the northern right-of-way of Homestead Road. Thence with the northern right-of-way of Homestead Road and also being the existing corporate limits line N 86°4925 W 1,490.40 to the point and place of the beginning and being all of Tract 1 and Tract 2 (P.B. 91, Pg. 121), inclusive of all of the right-of-way west of the centerline of the Southern Railway as depicted in aforementioned plat, and all of the property N/F owned by the Aldon Management Group as depicted on said plat.
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, 75% 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.
4. Recorded property lines and streets have been used in fixing the proposed municipal boundaries resulting from this annexation.
5. 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 (107), 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 (246), which, divided by the total number of acres (44.4 acres, excluding street rights-of-way), yields 5.5 persons per acre.
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 revised and approved by the Council of the Town of Chapel Hill on the 11th day of April, 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 11th day of April, 2005.