TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Annexation Ordinance for Area 1 (Englewood Subdivision)
DATE: April 10, 2000
The attached ordinance would annex Area 1 effective at 11:59 p.m. on June 30, 2000. Annexation Area 1 is located northeast of the present Town limits and includes the Englewood Subdivision and its dedicated open space, and two individual residential lots along the east side of Erwin Road. A map showing Area 1 is attached.
BACKGROUND
In accordance with State laws on annexation, the Town Council has taken the following actions in considering the proposed annexation area:
December 7, 1998 Adopted a resolution designating this area and other areas as being
under consideration for future annexation.
January 10, 2000 Adopted a resolution of intent to consider annexing this area and
called a public hearing for March 20, 2000.
January 31, 2000 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).
March 20, 2000 Public hearing to receive comments from residents and owners of property in the annexation area and from residents in the present Town limits.
Under annexation laws, the Council may adopt an annexation ordinance between 10 and 90 days after a public hearing. The annexation may go into effect between 70 and 400 days after adoption of the ordinance.
COMMENTS AT PUBLIC HEARING
The following is a list of the key concerns which were raised at the public hearing, along with staff responses:
1. Please describe fire protection services after annexation.
After annexation, Annexation Area 1 will receive the same level of service from the Chapel Hill Fire Department as the rest of the Town of Chapel Hill. Also, in accordance with North Carolina General Statute 160A-49.2, the Orange New Hope Volunteer Fire Department, which currently serves this area, has requested a First Responder Agreement with the Town of Chapel Hill in order to delay their loss of fire tax revenue from this area. The agreement will guarantee that both the municipal and volunteer fire departments will respond to fire emergencies in Area 1, once annexed, for five years. After five years, response will be only from the municipal fire department. Both departments will receive notice of emergencies at the same time. Primary responsibility for the area will rest with the Chapel Hill Fire Department.
2. Please describe police services and traffic control after annexation.
After annexation, Annexation Area 1 will receive the same level of service as the rest of the Town. Generally, citizens can expect a 4-minute response time to emergencies. Regular patrols will depend on issues specific to the area. Traffic control is part of the regular law enforcement plan.
3. Please describe maintenance of street and storm sewer drains.
After annexation, Annexation Area 1 will receive the same level of service as the rest of the Town. Stormwater basins will receive normal maintenance. Catch-basins generally have a 6 inch opening. However, the Public Works Department would be glad to meet with neighbors to look at options to reduce the opening by 2 inches.
It is not normal policy for Public Works to maintain the drainage way running down the culvert since part of it is located in dedicated open space, and part of it is on private property. However, citizens may request Town assistance or review. Public Works generally maintains only those streets and storm water drains that are within public right-of-ways, eg. streets and publicly owned land.
4. Could the speed limit be reduced along Erwin Road in front of the Englewood subdivision?
The speed limit is currently 35 mph along Erwin Road up to I-40 (ie. within the Town's Urban Service Area). The speed limit was lowered from 45 mph to 35 mph approximately one year ago. Erwin Road is a State-Maintained road, and NCDOT will not agree to reduce the speed limit below 35 mph.
5. Can anything be done about the traffic signals at intersection of 15-501 and Erwin Road?
The US 15-501/Erwin Road/Europa Drive intersection is currently on the State Transportation Improvement Program list (Project #U-4008). The improvements at this intersection would include: adding an additional left turn lane for traffic traveling from US 15-501 northbound onto Erwin Road; widening Erwin Road to a certain point northwest of the intersection to receive the dual left turning traffic; and relocating the south approach of Dobbins Road farther away from the US 15-501/Erwin Road/Europa Drive intersection. It is anticipated that this project could begin construction in fiscal year 2002. We are presently working with the State to identify and implement other improvement alternatives at this intersection.
NEXT STEPS
After annexation, Area 1 will be served by the Chapel Hill Fire Department. Also proposed is a contract for first responder service with the Orange New Hope Volunteer Fire Department, requested in accordance with North Carolina General Statute 160A-49.2.
Town departments would be notified to make 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. Adoption of Option A 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 adopt the annexation ordinance.
1. Map of Annexation Area 1
ANNEXATION AREA 1
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 (2000-04-10/O-2)
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 1: This area is located northeast of the present Town limits and includes the Englewood Subdivision and its dedicated open space, and two individual residential lots along the east side of Erwin Road. 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 eastern right-of-way of Erwin Road (See P. B. 77 Pg. 77-78 Englewood Subdivision) said point being at the existing corporate limits line and the northernmost corner of the aforementioned subdivision; thence from said point of beginning and with the northern property line of the Englewood tract S 81°00'21" E 975.97 feet; thence S 13°55'14" W 350.00 feet; thence S 76°01'52" E 729 feet; thence S 13°58'57" W 600.27 feet; thence S 37°21’13" W 172.17 feet; thence N 77°12'23" W 520.58 feet; thence N 77°11'50" W 146.11 feet; thence N 13°55'33" E 79.99 feet; thence N 77°12'31" W 944.22
feet; to the eastern right-of-way of Erwin Road on the existing corporate limit line; thence with the existing corporate limit line in a northerly direction to the place and point of 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 5,541 linear feet, of which 1,006 feet abut the present Town primary corporate limits. Thus, 18% 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. With a population density of 2.92 persons/acre, Area 1 qualifies for annexation as an area developed for urban purposes under G.S. 160A-48(c)(1).
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 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 10th day of April, 2000.