AGENDA #7

MEMORANDUM

TO: Mayor and Council

FROM: W. Calvin Horton, Town Manager

SUBJECT: Resolutions of Intent to Consider Annexing Two Areas

DATE: January 8, 2001

The attached resolutions would call public hearings on March 19, 2001 on annexing the two areas that are shown on the attached maps:

• Area 1 – Notting Hill Area (Map 1)

This area is located east of Erwin Road and north of Sage Road, and includes the Notting Hill Apartments, the Chapel Hill Bible Church (presently under construction), the approved Providence Glen Condominium development, one residence along Erwin Road and several undeveloped parcels along Interstate 40.

• Area 2 – Southern Village Area (Map 2)

This area is generally located south of Town, primarily located west of US Highway 15-501. The area includes the Southern Village development, Town-owned land for a future park, Town-owned land for a fire station, and Phase II of the Hundred Oaks development.

Adoption of these resolutions would initiate a process that would permit the Council to annex these two areas effective June 30, 2001.

ELIGIBILITY OF AREAS FOR ANNEXATION

North Carolina State Law (General Statute 160A-48) establishes standards that each area must meet in order for that area to be qualified for a Town-initiated annexation. In summary, these standards generally include:

• having a population of at least 2.3 persons per acre, or

• having a population of at least 1 person per acre and a high percentage of small lots, or

• having at least 60% of the boundary of the area adjacent to any combination of the present Town Limits and the boundary of a qualified urban area.

Each annexation area meets the statutory requirements for a Town-initiated annexation (for a further review of the mechanics of annexation, please see Attachment 1).

DISCUSSION

North Carolina State Law (General Statutes 160A-45 to 160A-54) sets requirements for considering and acting on annexations that are initiated by the Town.

Before annexing an area, the Town must either:

1) Adopt a resolution identifying an area, or areas, as being under consideration for

annexation at least one year before a "Resolution of Intent" is adopted; or

2) If a resolution of consideration is not adopted one year in advance, then the annexation ordinance must go into effect between 1 year and 400 days after the ordinance is adopted.

These two areas proposed for annexation were included in the November 22, 1999 resolution (99-11-22/R-9) that was adopted on that date (see Attachment 2). Thus, the resolution of consideration covering these two areas was adopted more than one year before this memorandum recommending the adoption of Resolutions of Intent for each of these two areas.

The annexation law also provides that for each annexation area:

Ø A resolution of intent must be adopted between 45 and 55 days before a public information meeting and 60 and 90 days before a public hearing.

Ø A Report with plans for providing police and fire protection, solid waste collection, street maintenance, and water and sewer services in the annexation area must be approved and made available to the public at least 30 days before the public information meeting.

Ø Notices of the public hearing must be mailed at least four weeks before the public information meeting to owners of properties within the area to be annexed as shown in the property tax records.

Ø The annexation ordinance can be adopted not less then 10 and not more than 90 days after the hearing.

Ø The annexation can be effective not less than 70 and not more than 400 days after the ordinance is adopted.

NEXT STEPS

If the Council adopts these resolutions, Service Reports would be prepared for each of the annexation areas for the Council's consideration on January 22, 2001. Notification would also be mailed to property owners at this time, in accordance with the statutes. We anticipate that the detailed reports on services to be extended will demonstrate that the projected revenues would be equal to or greater than the projected costs of extending those services. Public information meetings on each area would be held on February 26, 2001. Public hearings on each area would be held on March 19, 2001.

Following the public hearings, the Council would have the opportunity on April 9, 2001, to consider ordinances annexing these two areas. This would permit the Council to annex these two areas effective June 30, 2001.

MANAGER'S RECOMMENDATION

That the Council adopt the following Resolutions of Intent to consider annexing these two areas, and to schedule public hearings on March 19, 2001.

ATTACHMENTS

1. Mechanics of Annexation (p. 10).

2. Resolution Identifying Areas as Being Under Consideration for Possible Future Annexation (Town Council Memorandum November 22, 1999) (begin new page 1).

A RESOLUTION STATING THE INTENT OF THE TOWN OF CHAPEL HILL TO CONSIDER ANNEXING THE AREA DESCRIBED HEREIN AND FIXING THE DATE OF PUBLIC HEARING ON THE QUESTION OF ANNEXATION (2001-01-08/R-9)

BE IT RESOLVED by the Town Council of the Town of Chapel Hill:

SECTION 1

That it is the intent of the Town Council of the Town of Chapel Hill to consider annexing the following described territory pursuant to Part 3, Article 4A of Chapter 160A of the General Statutes of North Carolina:

Annexation Area 1. The area located east of Erwin Road and north of Sage Road, specifically including the Notting Hill Apartments, the Chapel Hill Bible Church, the approved Providence Glen Condominium development, one residence along Erwin Road and several undeveloped parcels along Interstate 40. This annexation area is located in Chapel Hill Township, Orange County, North Carolina, as shown on the attached Map 1, which map is incorporated as part of this resolution.

SECTION 2

That a public information meeting will be held in the Council Chambers of the Town Hall, 306 N. Columbia Street, Chapel Hill, N.C. 27516 at 7:00 p.m., on February 26, 2001. That a public hearing on the question of annexing the above-described territory will be held in the Council Chambers of the Town Hall, 306 N. Columbia Street, Chapel Hill, N.C. 27516 at 7:00 p.m., on the 19th day of March, 2001, at which time plans for extending services to said territory will be explained, and all residents and property owners in said territory, and all residents of the Town of Chapel Hill, will be given an opportunity to be heard.

SECTION 3

That a report of plans for extending services to the above-described territory be made available for public inspection at the office of the Town Clerk for at least thirty (30) days before the date of said public information meeting.

SECTION 4

That a legible map of the area to be annexed and a list of persons holding freehold interests in property in the area to be annexed who have be identified, be posted in the office of the Town Clerk at least thirty (30) days before the date of said public information meeting.

SECTION 5

That notice of said public hearing shall be given by publication and first class mail, as required by North Carolina General Statute 160A-49.

This the 8th day of January, 2001.

A RESOLUTION STATING THE INTENT OF THE TOWN OF CHAPEL HILL TO CONSIDER ANNEXING THE AREA DESCRIBED HEREIN AND FIXING THE DATE OF PUBLIC HEARING ON THE QUESTION OF ANNEXATION (2001-01-08/R-10)