AGENDA #10b

 

MEMORANDUM

 

TO:                  Mayor and Town Council

 

FROM:            W. Calvin Horton, Town Manager

 

SUBJECT:       Report: Overview of Areas Under Consideration for Possible Future Annexation

 

DATE:             November 25 , 2002

 

 

The purpose of this information report is to provide an overview of areas under consideration for possible future annexation (see Map 1).  This report concludes that the Parkside II area (a portion of Area 1) and possibly adjacent areas could be considered for annexation by the Town this year (see Map 2).  This is Part B of a two-part item related to annexations on tonight’s agenda.

 

BACKGROUND

 

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 required municipal services include police protection, fire protection, garbage and trash collection, maintenance and lighting of public streets (excluding State roads), and all other services provided by the municipality, on the same basis as provided within the existing municipal boundaries.

 

Annexation has occurred on a regular basis in Chapel Hill.  Over the last ten years, the Town completed the following annexations, with the effective dates noted:

 

June 30, 1992              Southbridge • Phases 3 & 4                              (Town-initiated)

Chandler's Green • Phase 2                              (Town-initiated)

Oaks III • Phase B5a                                       (Petition)

Springcrest • Phases 1 & 2                               (Petition)

 

June 30, 1993              Springcrest • Phases 3 & 4                               (Petition)

Springcrest • Town-Owned Open Space          (Petition)

 

June 30, 1994              Culbreth Middle School                                    (Petition)

 

June 30, 1995              Weaver Dairy Road/Erwin Road                       (Town-initiated)

Clark Lake Road • 3 Lots                                (Town-initiated)

Culbreth Park/Hundred Oaks               (Town-initiated)

Cobble Ridge • Phases 1 - 4                             (Town-initiated)

 

June 30, 1996              OWASA Parcel                                               (Petition)

 

December 31, 1997     Lowes Parcel (portion)                         (Petition)

 

June 30, 1998              Homestead Village/Horace Williams Tract         (Town-initiated)

                                    Oaks III • Phase B5b                                       (Town-initiated)

 

June 30, 2000              Englewood Subdivision                                     (Town-initiated)

                                    UNC/Faculty-Staff Club                                   (Town-initiated)

 

June 30, 2001              Notting Hill Area                                              (Town-initiated)

                                    Southern Village                                               (Town-initiated)

 

METHODS OF ANNEXATION

 

There are three primary methods that the Town may use under State Law to annex land: 

 

1)         Town-initiated Annexation - The Town may undertake to annex by ordinance certain areas that meet statutory standards for contiguity, population density, and intensity of development.

 

2)         Contiguous Annexation Petition - The Town may annex by ordinance any area contiguous to its boundaries upon presentation of a petition signed by all of the owners of real property located within such area.

 

3)         Non-Contiguous "Satellite" Annexation Petition - The Town may annex by ordinance certain areas that meet statutory standards and whose boundaries do not at any point touch the Town's primary corporate limits.  Non-Contiguous "Satellite" annexation petitions must be signed by all the owners of real property located within such area.

 

In general, Town-initiated annexations are a more complicated process than annexation by petition.  Town-initiated annexations however, allow municipalities to have greater control over the timing of growth and the shaping of their corporate limits.

 

The Town'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 when the Town can practically extend and finance municipal services to the qualifying areas.

 

WATER AND SEWER COST CONSIDERATIONS

 

In accordance with State law, major trunk water mains and sewer outfall lines must be extended into an annexation area so that property owners will then be able to secure public water and sewer service according to policies in effect for extending such services to individual lots or


subdivisions.  Where the extension of major water or sewer lines is necessary, an annexation plan must set out a timetable for completion of construction within two years of the effective date of annexation.

 

Once major trunk water mains and sewer outfall lines are extended into an annexation area, then the extension of water and sewer lines to existing individual lots or subdivisions is available in accordance with Orange Water and Sewer Authority (OWASA) policies.  In areas where the municipality is required to extend sewer service according to its policies, but the installation of sewer is not economically feasible due to the unique topography of the area, the municipality must provide septic system maintenance and repair service until such time as sewer service is provided to properties similarly situated.

 

OWASA's general policy is to allow extensions to the public water and sewer system, within or outside of Town limits, provided that the benefiting parties pay the cost through assessments under OWASA policy.  Developers may extend lines at their expense and in accordance with OWASA standards.  OWASA will not extend water or sewer lines outside of the urban services district identified by the Towns of Chapel Hill and Carrboro.

 

The financial feasibility of any annexation would be affected by the Council’s policy to assist in paying for public sewer construction in neighborhoods now served with individual septic or other private wastewater systems.  The Town of Chapel Hill provides a 20% subsidy to sewer projects for existing neighborhoods with private systems, with a cap of $4,500 per lot based on the total number of lots in the project which is being subsidized, pursuant to a revised policy adopted by the Council on September 9, 1998.  Funds for specific projects are approved by the Town Council and must be made available through the annual budget and Capital Improvements Program process.  The balance now reserved for sewer improvements is about $183,000.  The last use of the fund was for the Patterson Place sewer, completed in December 1999.

 

DISCUSSION

 

Town-initiated annexations promote the efficient extension of Town services.  The Town's Comprehensive Plan has an objective that development go outward from existing developed areas at the same time as public facilities and services are extended. 

 

As part of our ongoing long-range planning, we study areas that are becoming urbanized.  In the past, we have laid out strategies for future annexation areas for the Town Council's consideration.  Based on our most recent analysis, we provide the following overview and recommendations for the numbered areas shown on Map 1 (see attached):

 


 

Description of Area

Comments

Area 1:  Northwest area, including the Northwood subdivision (Phases 1-4) and the UPS facility (see Map 2).

Water service has been extended into parts of this area.  Sewer service has not been extended into most of this area.  The Parkside II development (see Map 2) is currently under construction in this area, and currently meets the standards for Town-initiated annexation.  The Vineyard Square project (formerly known as The Homestead) was recently approved, but is not yet under construction.  We are analyzing the possibility of annexing the Vineyard Square area with the Parkside II area this year.  The Larkspur subdivision is at the early stages of construction, though it does not by itself meet the standards for Town-initiated annexation.  We suggest the Council consider annexation of the Parkside II area and possibly the Vineyard Square area this fiscal year.  This annexation would be effective at 11:59 p.m. on June 30, 2003 so that services can be provided on July 1.

Area 2Sunrise Road and Interstate 40 (north of Carol Woods and Chandlers Green).

We recommend deferring annexation until this area is developed for urban purposes.

Area 3:  Merritt Pasture area.

The lots to the north of Merritt Pasture are not served by sewer. We believe that the cost of providing sewer to these few lots would be high and that there is not presently a pressing need to provide sewer. We do not believe there is a compelling reason to annex Merritt Pasture, and recommend deferring annexation of the lots to the north of Merritt Pasture until such time that sewer services are available.

Area 4:  Land south of Town, including the Morgan Creek Hills, Farrington Hills, Laurel Hills, Reserve, Reserve II and Hunt’s Reserve neighborhoods.

Presently, a portion of this area may qualify for a Town-initiated annexation.  The key issue in our study of this area has been the date at which the Town would be in a position to provide the full range of Town services to this area.  The extension of water and sewer mains is a key issue.  We recommend deferring annexation until the area is developed for urban purposes.

Area 5:  Land south of Town, including Zapata Lane and the area east of US 15-501 and south of Mt. Carmel Church Road.

This area is a potential site for future development. The extension of water and sewer mains is an issue for this area.  We recommend deferring annexation until water and sewer services are available.

Area 6:  Dogwood Acres

This area currently is not served by sewer.  We recommend that annexation be deferred until such time that funding for water and sewer service is available.

Area 7:  Two parcels west of Southern Village

We recommend deferring annexation until this area is developed for urban purposes.  At the time of the annexation of the Southern Village area, the property owners of these two parcels requested not to be annexed.

 

 

NEXT STEPS

 

We believe that the Parkside II area meets the standards for Town-initiated annexation.  Unless directed differently by the Council, we will present a Resolution of Intent for consideration by the Council at the January 13 meeting that would initiate the annexation process.  Annexation would be effective at 11:59 p.m. on June 30, 2003.

 

ATTACHMENTS

 

Map 1: Map of Areas Under Consideration for Future Annexation (p. 6).

Map 2: Map of Area 1 (p. 7).