MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Public Hearing on Proposed Annexation Area 2
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 2 (the Southern Village 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 2 (the Southern Village Area) consists of land that 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 community park, Town-owned land for a fire station and open space, and Phase II of the Hundred Oaks development. (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-9) includes the following key points:
· The Town will pay for current private refuse collection to continue, with weekly collection.
· Five new patrol officers and one additional crime prevention officer will be needed to provide services to the annexation area. One new marked vehicle will also need to be purchased to provide services to the proposed annexation area.
· The Town will initially provide fire protection services with a temporary fire station that will be located in or in close proximity to the annexation area. A new fire station (#5) will be constructed at the intersection of Bennett Road and US Highway 15-501 to provide permanent fire protection services to the annexation area (scheduled for completion in December 2001).
· The existing State-maintained public roads in the annexation area will continue to be maintained by the N.C. Department of Transportation. The Town will assume maintenance of other public roads in the annexation area as of the effective date of annexation. As residential streets are built or improved to Town standards and accepted by the Town, the roads will be maintained in accordance with Town policies.
· Transit service will be extended into the proposed annexation area through the combination of a fixed transit route and demand response services (EZ Rider and Evening/Sunday Shared Rider services).
· 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 $1,595,655 and estimated additional revenues are $1,413,042. 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 2 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.
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, which also includes a Summary of the Service Report and a Map of Area 2 (p. 9).
2. List of the property owners listed in Orange County tax records (begin new page 1).
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 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 2: This area (the Southern Village Area) consists of land that 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 community park, Town-owned land for a fire station and open space, and Phase II of the Hundred Oaks development. 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 the southernmost point of Lot 31A, Tax Map 128, said point also being on the western right-of-way of Hwy. 15-501, thence with the western line of Lot 31A in a northerly direction approximately 1,807’ to the southern right-of-way of SR 1962 (Dogwood Acres Drive); thence continuing in a northerly direction across Dogwood Acres Drive, a 50’ right-of-way, to the southwestern corner of Lot 31, Tax Map 128; thence with the western line of Lot 31 approximately 592.3’ to the southwesternmost corner of Lot 4J, Tax Map 126; thence with the western line of Lot 4J approximately 776.4’ to a turn in the line; thence in a northwesterly direction and with the Dogwood Acres Sanitary District line approximately 348.3’ to the southwestern corner of Lot 4, Tax Map 126; thence continuing in the same northwesterly direction and with said Dogwood Acres line approximately 1,736.4’ to a turn in the line (see: P.B. 71, Pg. 9); thence turning to a northerly direction and with the western line of said Lot 4 approximately 2,038.7’ to the southeastern corner of Lot 13, Block B, Tax Map 122; thence with the southern line of Lot 13 and in a westerly direction to the southwestern corner of said Lot 13; thence turning in a northerly direction and with the western property lines of Lots 13 and 14, Block B, Tax Map 122 and crossing a 30’ access road to the northwesternmost corner of said Lot 14, said corner also being a point on the existing Chapel Hill Corporate Limits Line; thence with the northern line of Lot 14 proceeding along said Corporate Limits Line and in a easterly direction to the northeastern corner of said Lot 14, said point also being the northwesternmost corner of Lot 4, Block B, Tax Map 122 and 126 (see: P.B. 71, Pg. 9); thence with the northern line of Lot 4 and with said Corporate Limits Line in a easterly direction approximately 1,368’ to a point; thence turning in a southerly direction and proceeding with said Corporate Limits Line and the westernmost line of Culbreth Middle School approximately 446’ to a point; thence turning in a southeasterly direction and with the Culbreth School line approximately 1200’ to a point; thence turning to the northeast approximately 185.2’ to a point, said point being the southwesternmost corner of Culbreth Park Subdivision (P.B. 55, Pg. 61); thence proceeding along said existing Corporate Limits Line with the southern line of Culbreth Park and Lot 8W, Block B, Tax Map 122 to the western right-of-way of Hwy. 15-501; thence crossing Hwy. 15-501 in a southeasterly direction to the northwest corner of Lot 4H, Block A, Tax Map 126; thence with the northern line of Lot 4H (see P.B. 72, Pg. 162) and with the southern line of Hundred Oaks Subdivision in a southeasterly direction along said Corporate Limits Line approximately 1,060’ to the northern right-of-way of SR 1913 (Bennett Road); thence following the northern right-of-way of said road to its intersection with Mt. Carmel Church Rd. (SR 1008); thence crossing Bennett Road right-of-way and along the right-of-way line of Mt. Carmel Church Rd. in a southerly direction to the northeasternmost corner of Lot 9, Block B, Tax Map 126 (see P.B. 76, Pg. 171); thence following the existing Chapel Hill Corporate Limits Line along the eastern line of said Lot 9 and with the western right-of-way of Mt. Carmel Church Rd in a southeasterly direction approximately 650’ to the southeastern corner of said Lot 9; thence departing from said Corporate Limits Line and following the southernmost line of Lot 9 in a southwesterly direction approximately 398’ to a point, said point being the southernmost corner of said Lot 9; thence turning in a northwesterly direction and with the Lot 9 line approximately 719’ to point on the southern line of Lot 21, Block A, Tax Map 126; thence with the southern line of said Lot 21 and in a southwesterly direction approximately 740’ to the eastern right-of-way of Hwy. 15-501; thence with the eastern right-of-way of Hwy 15-501 and in a south-southwesterly direction approximately 6,025’ to a point perpendicular to the southernmost corner of Lot 31A, Tax Map 128; said point also being on the right-of-way line of Lot 38A, Tax Map 128; thence crossing Hwy. 15-501 and in a northwesterly direction approximately 100’ 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 22,387 linear feet, of which 6,572 feet abut the present Town primary corporate limits. Thus, 29.3% 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 5.48 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.