AGENDA #7c

MEMORANDUM

TO:                  Mayor and Town Council

FROM:            W. Calvin Horton, Town Manager

SUBJECT:      Annexation Ordinance for Larkspur Annexation Area

DATE:                        April 11, 2005

Enactment of the attached ordinance would annex the Larkspur annexation area effective at 11:59 p.m. on June 30, 2005.  The Larkspur annexation area is located northwest of the present Town limits and includes the Larkspur single family residential subdivision phases I and II located in Chapel Hill Township, Orange County, North Carolina. A map showing the Larkspur 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 Larkspur 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 Town’s Urban Services Area.  Enactment of the attached ordinance would continue the Town Council’s 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. 8).

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-4)

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:

Beginning at a point on the existing Chapel Hill Corporate Limit Line, said point also being on the eastern right-of-way limits of the Southern Railroad and labeled Control Corner on Plat 91, Pgs. 101,131.  Thence from said point of beginning and continuing with a new Chapel Hill Corporate Limit Line along the eastern right-of-way limits of the Southern Railroad and curving to the left in a northwesterly direction, said curve having a radius of 988.90’ (See P.B. 91, Pg. 131) and an arc distance of approximately 123.62’, with a chord bearing of N 03°32’53” W and distance of approximately 123.54’, to a point.  Thence continuing with the eastern right-of-way of the aforementioned Southern Railroad the following calls:  curving to the left in a northwesterly direction, said curve having a radius of 988.90’ and an arc distance of approximately 10.79’, with a chord bearing of  N 07°26’30” W and distance of approximately 10.79’, to a point.  Thence curving to the left in a northwesterly direction, said curve having a radius of 4,548.31’ and an arc distance of approximately 165.82, with a chord bearing of  N 08°47’55” W and distance of approximately 165.81’, to a point.  Thence curving to the left in a northwesterly direction, said curve having a radius of 4,548.31’ and an arc distance of approximately 121.32’, with a chord bearing of  N 10°36’26” W and distance of approximately 121.32’,  to a point.  Thence  N 11°22’16” W approximately 129.25’ to a point.  Thence curving to the left in a northwesterly direction, said curve having a radius of 1014.70’ and an arc distance of approximately 639.74’, with a chord bearing of  N 29°25’58” W and distance of approximately 629.20’, to a point.  Thence N 47°29’39” W approximately 181.30’ to a point.  Thence curving to the right in a northwesterly direction, said curve having a radius of 1,121.87’ and an arc distance of 548.64’, with a chord bearing of  N 33°29’02” W and distance of approximately 543.19’, to a point.  Thence N 19°28’26” W approximately 590.40’ to a point.  Thence curving to the left in a northwesterly direction, said curve having a radius of 1,187.08’ and an arc distance of 297.18’, with a chord bearing of  N 26°38’45” W and distance of approximately 296.41’,  to a point.  Thence leaving said railroad right-of-way limits the following calls;  Thence in an easterly direction and being the common line with Gary W. Buck (See P.B. 24, Pg. 93), Gary Buck Building Company, Inc. (See P.B. 53, Pg. 112) and Walter and Annie Everette (See P.B. 53, Pg. 112) S 89°01’52” E approximately 1,345.50’ to a point (See P.B. 91, Pgs. 102-103), said point being the common corner with the aforementioned Walter and Annie Everette and Northwoods Subdivision, Phase II (See P.B. 25, Pg. 92).  Thence in a southerly direction and being the common line of the aforementioned Northwoods Subdivision, Phase II S 00°24’45” W approximately 747.49’ to a point. Thence S 00°18’04” W approximately 261.28’ to a point on the Northwoods Subdivision, Phase 5 property (See P.B. 86, Pg. 63) and labeled Control Corner on Plat 91, Pg. 102, said point also being on the existing Chapel Hill City Limits line.  Thence with the common line of the aforementioned Northwoods Subdivision, Phase 5 in a southerly direction S 00°26’28” W  approximately 885.01’ to a point on the western right-of-way of Weaver Dairy Road (See P.B. 91, Pg.101 & 131).  Thence with the western right-of-way of Weaver Dairy Road and also being the existing Chapel Hill Corporate Limit Line in a southerly direction S 00°32’41” W approximately 575.18’ to a point on the Town of Chapel Hill property (See D.B. 2298, Pg. 403). Thence with the common line with the Town of Chapel Hill property and the Chapel Hill Corporate Limit Line in an westerly direction N 89°05’10” W approximately 171.80’ to the point and place of beginning and being all of Phase I and Phase II (See P.B. 91, Pgs. 101-103,131) and all of the N/F Cazco, Inc. property as depicted on said plats.

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.

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 (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.

6. 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 revised and approved by the Council of the Town of Chapel Hill on the 11^th 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 11^th day of April, 2005.