TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Annexation Ordinance for Area 1 (Notting Hill Area)
DATE: April 9, 2001
The attached ordinance would annex Area 1 effective at 11:59 p.m. on June 30, 2001. 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. 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:
November 22, 1999 Adopted a resolution designating this area and other areas as being under consideration for future annexation.
January 8, 2001 Adopted a resolution of intent to consider annexing this area and called a Public Hearing for March 19, 2001.
January 22, 2001 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 19, 2001Public 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
No citizen comments were received at the March 19, 2001, public hearing relating to Area 1.
NEXT STEPS
Town departments would implement 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.
As noted in the Memorandum for the March 19, 2001 Public Hearing, the Service Report for Annexation Area 1 requires amendment. Specifically, 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.
As noted previously, however, 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.
In addition to this amendment, Table 2 of Appendix E of the Service Report needs to be amended to update the revenue projection estimates that take into account the revised projected tax rate of 52.9 cents. In Year One, estimated revenues increase to $199,909 while the estimated service costs remain the same. This increases the difference to $168,330, an increase of $3,802 over the previous estimate. In Year Two, estimated revenues increase to $358,848 while the estimated service costs remain the same. This increases the difference in Year Two to $327,519, an increase of $6,306 over the previous estimate. The revised table is found in Attachment 2 to this Memorandum.
A Resolution is included to approve each of these amendments to the Service Report.
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 the attached ordinance 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: 1) adopt the resolution amending the Service Report, and 2) adopt the annexation ordinance.
ATTACHMENTS
1. Map of Annexation Area 1 (p. 9).
2. Amended Table 2, Appendix E of Jan. 22, 2001 Service Report (p. 10).
ANNEXATION AREA 1
A RESOLUTION TO AMEND THE SERVICE REPORT, APPROVED ON JANUARY 22, 2001, FOR ANNEXATION AREA 1 (NOTTING HILL AREA)(2001-04-09/R-12)
BE IT RESOLVED by the Council of the Town of Chapel Hill as follows:
SECTION 1
That pursuant to Subsection 160A-48(b) of the General Statutes, the annexation area is required to be contiguous to the Town of Chapel Hill on more than one-eighth (12.5%) of its boundary and no part of the area shall be within the boundary of another municipality.
Section II.A (General Description of Area) of the Service Report, in part, is hereby amended to read:
“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.”
SECTION 2
Section II.D.2 (Character of the Area) of the Service Report is hereby amended to read:
“Over one-eighth (12.5%) of the aggregate external boundary of the area under consideration coincides with the existing Town limits. As noted above, 80.6% of the annexation area boundary is contiguous with the present Town primary corporate limits.”
SECTION 3
Table 2 of Appendix E of the Service Report is hereby amended to read as shown in Attachment 2 to the Memorandum for Annexation Ordinance for Area 1 (Notting Hill), dated April 9, 2001.
SECTION 4
That a copy of this resolution shall be filed with the Town Clerk.
This the 9th day of April, 2001.
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 (2001-04-09/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 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:
Being all the area in Orange County, Chapel Hill Township as depicted on Tax Map 26: Parcels # 16, 17, 17K, 17L, 17M, 18, 36, 36A, 36B, 36D, 51; and Tax Map 160: Parcel # 17A and being 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, (AKA: Mt Moriah Church Road; see NCDOT BOM 1 Pg 99; project # 8.1457902) said point being on the existing Chapel Hill Corporate Limits Line and also being the northernmost corner of Parcel # 36B Tax Map 26; thence from said point of beginning and departing from the existing Chapel Hill Corporate Limits Line and proceeding with the common line of the southern right-of-way of Interstate-40 and the northern line of Parcels # 36B, 36A, 16, and 17 in a southeasterly direction approximately 3,372 feet to a point. (See: Attachment “A”) said point being at the southeastern corner of Parcel # 17, a 17.05 acre tract on the southwest side of Interstate-40 (see: DB 2147 Pg 271-273 tract one) and being a point on the existing Chapel Hill Corporate Limits Line; thence proceeding along said Corporate Limits Line in a westerly direction with the common lines of N/F Eastowne Office Park (PB 73 Pg 142) and Eastowne Hills (PB 33 Pg 133) and southern line of Parcels # 17, 51 and the eastern line of Parcel # 17K (Tax Map 26) to a point, said point being the southwestern corner of Parcel # 17K and the southwestern corner of Lot #1 (Tax Map 26A) of Eastowne Hills; thence continuing along said existing Corporate Limits Line in a southeasterly direction with the aforementioned Lot #1 (see PB 77 Pg 31) to the western right-of-way of Providence Road; thence with the right-of-way of Providence Road in a southerly direction to the intersection point with the northern right-of-way of Eastowne Drive; thence in a southwesterly direction and with the right-of-way of Eastowne Drive, crossing Sterling 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: PB 77 Pg 31); thence continuing along said Chapel Hill Corporate Limits Line and with the southern right-of-way of Sterling Drive in a northwesterly direction to a point: said point being on an arc and being the common corner with Parcel # 17L (Tax Map 26) on said right-of -way; the easternmost corner of Parcel # 17L; thence with the southeastern line of Parcel # 17L and being the common property line with Parcel # 17A 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) (TMBL 7.27.B.1) and the southeastern most corner of Parcel # 17L; thence continuing along the existing Chapel Hill Corporate Limits Line and with the N/F William Birch northern line, and being the southern line of Parcel # 17L in a westerly direction to a point, said point being the southwestern most corner of Parcel # 17L; thence in a northerly direction and crossing the right-of-way of Sterling Drive to a point. (see: PB 84 Pg 122) said point being the northeastern most corner of Parcel # 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 Parcel # 18; thence proceeding along said Corporate Limits Line 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 Parcel # 18, Tax Map 26 and the southeastern most corner of Englewood Subdivision (see: PB 77 Pg 78) (Tax Map 160); thence with the southern line of Englewood Subdivision and the northern line of Parcel # 18 in a easterly direction to a point; said point being the southeastern corner of Lot 47, Tax Map 160; thence turning in a northerly direction and with the eastern most line of Englewood Subdivision and with the western line of Parcel # 17A, Tax Map 160, to a point on the southern property line of Parcel # 16, Tax Map 26: said point also being the common corner of Parcel # 45 and Parcel # 17A, Tax Map 160; thence continuing along the existing Chapel Hill Corporate Limits Line in a westerly direction with the southern line of Parcel # 16 and the northern line of Parcel # 45 to a point. Said point being the southwestern most corner of Parcel # 16; thence turning in a northerly direction and with the common line of said Parcel # 45 and Parcel # 16 to a point on the southern property line of Parcel # 36D (Tax Map 26); thence with the southern line of Parcels # 36D and 36A (see PB 86 Pg 171) and in a westerly direction to the eastern right-of-way of Erwin Road; thence continuing along said existing Chapel Hill Corporate Limits Line in a northeasterly direction with the eastern right-of-way of Erwin Road and the western line of Parcels #36A, 36 and 36B (Tax Map 26) to a point at the intersection with the southern right-of-way of Interstate 40,said point being the place and point of beginning.
All referenced deeds, plats, tax maps, parcel numbers, and supporting attachments are hereby incorporated by reference. Said documents are a matter of public record and on file at the Orange County Registrars Office.
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 amended on April 9, 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 the 9th day of April, 2001.