MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Public Hearing on Proposed Annexation Area 2
DATE: March 20, 2000
In accordance with State annexation law, the Council called this hearing on January 10, 2000, to receive comments from residents and owners of property in the proposed Annexation Area 2 and from residents in the present Town limits. 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 10, 2000.
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 Town 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
Annexation Area 2 is located southeast of the present Town limits in Durham County. This area consists of University of North Carolina property in Durham County. This area also includes the right-of-way for a 2100-foot section of Barbee Chapel Road. This land and right-of-way are on Chapel Hill’s side of the 1986Durham/Chapel Hill Consent Judgment Annexation Boundary Line, as modified on August 19, 1994. (Please see Map on p. 13, Attachment 1.)
On December 7, 1998, the Town Council adopted a resolution designating this area and other areas as being under consideration for future annexation.
On January 10, 2000, the Council adopted a resolution of intent to consider annexing this area and called a public hearing for March 20, 2000.
On January 31, 2000, the Town 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 plans are prepared in accord with State annexation laws (G.S. 160A-47 and other sections).
DISCUSSION
Timing of Annexation of This Area
A question has been raised concerning why annexation is proposed for this area. The Town of Chapel Hill’s general policy, 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. Reasons to move forward with annexation at this time include:
· The Town Council sought voluntary annexation by petition in 1995, and no response has been received from the University to that request.
· Revisions in the state annexation laws, effective November 1, 1998, enable the Town to move forward with a town-initiated annexation of this area. Because the annexation area is used for institutional purposes, it qualifies for annexation as an area developed for urban purposes under G.S. 160A-48(c)(5).
· No major water or sewer line extensions are needed into the annexation area in order to meet legal requirements.
· Annexation of this area will logically complete the eastern boundary of the Town of Chapel Hill by incorporating the only remaining area within the Town's urban service boundary but outside current city limits.
· Currently, Town of Chapel Hill zoning is not in effect in Annexation Area 2. This area lies in Durham County and presently has Durham County zoning. Town zoning must be adopted within 60 days of the effective date of annexation, or the area will have no zoning regulations in place. Placing Town zoning on the area will enhance the Town's ability to implement its long range planning goals as outlined in the Comprehensive Plan.
Service Plan
The annexation service plan includes the following key points:
· The Public Works and Solid Waste Collection Departments can properly provide 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 streets that are now publicly maintained or which are improved to Town standards in the future. Street maintenance, as well as leaf collection 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 bus line for the annexation area. Currently, feeder service to and from bus routes is provided similarly 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 2000-2001 fiscal year, estimated costs are $470 and estimated revenues are $0. . (Please see accompanying Agenda #4c for additional information.)
· The proposed effective date of annexation is June 30, 2000 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, 2000, would be billed for a full year of services (July 1, 2000 - June 30, 2001). Annexations effective at other times during the year would receive prorated tax bills based on the fiscal year, not the calendar year.
· We are proposing to amend page 5 of Appendix E from the Service Report for Area 2 (Attachment 2). Minor changes were made to correctly reflect the current Franchise Tax and Sales Tax rates, as well as the Powell Bill Revenue rates. On April 10th, we will ask the Council to adopt a resolution amending this Service Report.
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, public hearing notices were mailed on
February 1, 2000 to property owners listed in Durham County tax records. Certification of the mailings is attached and is formally submitted as part of this public hearing. (Please see Attachment 1)
In accordance with G.S. 160A-49, notice of this public hearing was published in the Chapel Hill Herald on February 18 and 25.
After consideration of comments from the public hearing, the Council may make amendments to the service plan and may adopt annexation ordinances between 10 and 90 days after the hearing. The Council's schedule calls for consideration of adoption of the annexation ordinance on
April 10, 2000.
Annexation Area 2 lies in Durham County and presently has Durham County zoning. Currently, Town of Chapel Hill zoning is not in effect. In accordance with G.S. 160A-360(f), Town zoning must be adopted within 60 days of the effective date of annexation, or the area will have no zoning regulations in place.
Assuming that the Town Council has adopted an Ordinance on April 10 to effectively annex
Area 2, the Council could set a public hearing date on proposed zoning for the annexation area for June 19, 2000. Zoning would be based on a review of Chapel Hill’s Comprehensive Plan, the adopted Land Use Plan, the size of existing lots, and compatibility with uses in the surrounding areas.
CONCLUSION
Preliminary Recommendation: The Manager recommends that the Council adopt the annexation ordinance.
ATTACHMENTS
1. The Certification of Mailing includes a copy of the notice mailed to property owners, and a list of the property owners listed in Orange County tax records. The mailing to property owners includes a Summary of the Service Report, a Map of Area 1, and a copy of the January 10, 2000 Resolution of Intent (with its attachments). (p. 9).
2. Proposed Amended Page 5, Appendix E - Service Report for Area 2 (p. 27).
ANNEXATION AREA 2
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 20th day of March, 2000, 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, 2000, 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, 2000, be extended to include said territory more particularly described as follows:
Annexation Area 2: This area is located southeast of the present Town limits in Durham County. This area consists of University of North Carolina property in Durham County. This area also includes the right-of-way for a 2100-foot section of Barbee Chapel Road. This land and right-of-way are on Chapel Hill’s side of the 1986Durham/Chapel Hill Consent Judgment Annexation Boundary Line, as modified on August 19, 1994. This area is further described as:
All that certain tract or parcel of land lying, situated and being in Triangle Township, Durham County, North Carolina, being more particularly described as follows:
BEGINNING at a point of the northeastern right-of-way of Barbee Chapel Hill (SR 1110) at the current Chapel Hill City Limits Line; said point also being the northwestern most corner of the N/F C.T. Springs Limited Partnership Property (DB 2270, Pg. 704); thence with the northeastern right-of-way limits of Barbee Chapel Road (See PB 137, Pg. 149) Durham County Registrars Office) in a southeasterly direction to a point, said point being the southeastern most corner of the N/F Anne L. Abernathy lot (DB 230, Pg. 561); thence crossing Barbee Chapel Road right-of-way in a southwesterly direction to the northeastern most corner of the N/F UNC Faculty Club Property (DB 372, Pg. 255 and DB 439, Pg. 90) said point also being the northwestern most corner of the N/F Gattis Property (DB 259, Pg. 131); thence leaving said right-of-way and with the eastern property line of the UNC tract in a southerly direction (See DB 1124, Pg. 323-325) to the southeastern most corner of said UNC Property, said point also begin the northeastern most corner of the N/F Mary Few Property (DB 146, Pg. 33); thence in a westerly direction with the common line of the UNC, Few, and N/F Kendrick Estates Investment Corp. Property (DB 439, Pg. 594-607) (See Tax Map 495 Durham County) to the northwestern most corner of said Kendrick Property; thence with a new line (not a property line) again in a westerly direction and being on the same course/bearing as the previous UNC/Kendrick line to the Orange/Durham County Line; thence with the county line in a northerly direction to the midpoint of Morgan Creek, said point being on the existing corporate limit line; thence with the existing corporate limit line/county line in a northerly direction to the southern property line of Finley Forest (see PB 40, Pg. 65); thence with the common line of UNC and the southern property line of aforementioned Finley Forest Subdivision in a easterly direction to Finley Forest’s southeastern most corner; thence with the UNC/Finley Forest Line in a northerly direction to the southern right-of-way of Barbee Chapel Road (See PB 40, Pg 65 Orange County Registrars Office); thence crossing Barbee Chapel Road right-of-way in a northeasterly direction to the point and place of the beginning.
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. The boundary of the total area to be annexed has 11,209 linear feet, of which 3,524 feet abut the present Town primary corporate limits. Thus, 31% of the boundary of the annexation area is contiguous to 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 tract in the area to be annexed is used for institutional purposes. Therefore, Area 2 qualifies for annexation as an area developed for urban purposes under G.S. 160A-48(c)(5).
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 31st day of January, 2000, 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 as 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 Durham County, and in the Office of the Secretary of State in Raleigh. Such a map shall also be delivered to the Durham County Board of Elections as required by G.S. 163-288.1.
This is the ____ day of _____, 2000.