MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Public Hearing on Proposed Annexation Area 1
DATE: March 19, 2001
In accordance with State annexation law, the Council called this hearing on January 8, 2001, to receive comments from residents and owners of property in the proposed Annexation Area 1 (the Notting Hill area) 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 9, 2001.
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 1 (the Notting Hill Area) consists of land 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. (Please see attached map on page 13.)
On November 22, 1999, the Town Council adopted a resolution designating this area and other areas as being under consideration for future annexation.
On January 8, 2001, the Council adopted a resolution of intent to consider annexing this area and called a Public Hearing for March 19, 2001.
On January 22, 2001, 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
Service Plan
The annexation service plan approved by the Council on January 22, 2001 (R-8) includes the following key points:
· The Public Works Department 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.
· Transit service will be provided to the annexation area by modifying the existing D and C/D routes. Residents will also be offered “Shared Ride Feeder Service” to the nearest bus line for the annexation area.
· 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 2001-2002 fiscal year, estimated additional costs are $31,579 and estimated additional revenues are $196,107. Revenue estimates in the Service Report adopted on January 22, 2001, were based on an estimated tax rate of $0.51 per $100 of assessed property valuation. We note that new property valuations have been assessed effective January 1, 2001. Consequently, the estimated tax rate ($.051 per $100) reflects approximately a $0.03 per $100 increase in the equalization rate of $0.48 per $100.
· The proposed effective date of annexation is June 30, 2001 at 11:59 PM to coincide with the Town's budget year and service year beginning July 1. Property annexed with an effective date of June 30, 2001, would be billed for a full year of services (July 1, 2001 - June 30, 2002). Tax bills, in accordance with State Law, would be due September 1, 2001, and would be past due on January 5, 2002.
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 January 26, 2001 to property owners listed in Orange 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, February 25 and March 11, 2001.
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 9, 2001.
Annexation Area 1 is presently in the Town of Chapel Hill’s Extraterritorial Planning Jurisdiction (ETJ), and is zoned with Town of Chapel Hill zoning districts; the Town approves and administers the zoning districts for all land that is located in the ETJ. The present zoning for this area would continue unless changed by Council action.
Subsection 160A-48(b) of the General Statutes requires that the annexation area be contiguous to the Town of Chapel Hill on more than one-eighth (12.5%) of its boundary and that no part of the area is within the boundary of another municipality. Annexation Area 1 meets both of these requirements.
We note however, that the Service Report incorrectly described the area’s compliance with the boundary contiguity requirement. In particular, the Service Report stated that:
“The boundary of the total area to be annexed has 17,485 linear feet, of which 3,400 feet abut the present Town primary corporate limits. Thus, 19.4% of the boundary of the annexation area is contiguous to the present Town primary corporate limits.”
The Service Report should have indicated that 3,400 feet of the boundary of the total annexation area is not contiguous to the present Town primary corporate limits, and that alternatively, 14,085 feet of the boundary of the total annexation area (80.6%) is contiguous to the present Town primary corporate limits.
We hereby submit this amendment to the Service Report as part of the Public Hearing record for this annexation area.
CONCLUSION
Preliminary Recommendation: The Manager recommends that the Council adopt the annexation ordinance.
1. The Certification of Mailing includes a copy of the notice mailed to property owners, which also includes a Summary of the Service Report and a Map of Area (page 9).
2. List of the property owners listed in Orange County tax records (begin new page 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
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 19th day of March, 2001, 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, 2001, 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, 2001, 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 consists of land 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. 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 at the intersection of the southern right-of-way of Interstate 40, and Eastern right-of-way of Erwin Road, (see: NCDOT P.B. 1 Pg. 162) said point also being the northernmost corner of Lot 36B Tax Map 26; thence from said point of beginning and with the southern right-of-way line or Interstate 40 in a southeasterly direction to a point. (See: P.B 33 Pg. 113) said point being at the southeastern tip of Lot 17 on the south/west side of I-40; thence in a westerly direction with the southern line of Lot 17 to a point, said point being the southwestern corner of Lot 17; thence in a northerly direction to the southern corner of Lot 51, thence with the southern line on Lot 51 in a southwesterly direction to the south-eastern corner of Lot 17K labeled control corner on P.B. 77, Pg. 31; thence in a southerly direction to the northern most corner of Lot 17M; thence with the northern line of Lot 17M in a southeasterly direction to the northern right-of-way of Providence Road; thence with the right-of-way of Providence Road in a southerly direction to the intersection with the right-of-way of Eastowne Drive; thence in a southwesterly direction and with the right-of-way of Eastowne Drive to a point, said point being the right-of-way intersection of Eastowne Drive and the southern right-of-way of Sterling Drive (see P.B. 77, Pg. 31); thence with the southern right-of-way of Sterling Drive in a northwesterly direction to a point: said point being the eastern most corner of Lot 17L; thence with the southeastern line of Lot 17L and around an arc (see P.B. 77, Pg. 31) to a point; thence leaving said arc and in a southeasterly direction to a point; said point being the northeastern corner of the N/F William Birch property (D.B. 218, Pg. 188); thence with the Birch line and in a westerly direction to a point, said point being the southwestern most corner of Lot 17L; thence in a northerly direction and crossing Sterling Drive to a point. (See: P.B. 84 Pg 122) said point being the northeastern most corner of Lot 46, Tax Map 26; thence in a northwesterly direction to the eastern right-of-way of Erwin Road (aka: Mt. Moriah Church Road); said point being the southwestern most corner of Lot 18; thence in a northerly direction and with the eastern right-of-way of Erwin Road to a point; said point being the northwestern most corner of Lot 18, Tax Map 26 and of Englewood Subdivision (P.B. 77 Pg. 80); thence with the southern line of Englewood Subdivision and in a easterly direction to a point; thence turning in a southerly direction and with the Englewood Subdivision line to a point; thence in an easterly direction and with the Englewood Subdivision line to a point. Said point being the southwestern most corner of Lot 17A; thence with the western line of 17A and in a northerly direction to a point; said point being on the southern property line of Lot 16 and being the northwestern most corner of Lot 17A; thence with the southern line of Lot 16 Tax Map 26 and in a westerly direction to a point. Said point being the southwestern most corner of Lot 16; thence turning in a northerly direction and with the western line of Lot 16 to a point on the southern property line of Lot 36D; thence with the southern line of Lots 36D and 36A (see: P.B. 86 Pg. 171) and in a westerly direction to the eastern right-of-way of Erwin Road; thence in a northeasterly direction and with the eastern right-of-way of Erwin Road 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 17,485 linear feet, of which 14,085 feet abut the present Town primary corporate limits. Thus, 80.6% 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 3.13 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 22nd day of January, 2001, 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 ___ day of _____, 2001.