AGENDA #4e
MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Annexation Ordinance for Parkside II Annexation Area
DATE: April 14, 2003
Enactment of the attached ordinance would annex the Parkside II annexation area effective at 11:59 p.m. on June 30, 2003. The Parkside II annexation area is located northwest of the present Town limits and includes the Parkside II subdivision and the abutting right-of-way of the State University Railroad spur of the Norfolk Southern Corporation. A map showing the Parkside II annexation area 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 26, 2002 Adopted a resolution designating this area and other areas as being under consideration for future annexation.
January 13, 2003 Adopted a resolution of intent to consider annexing this area and called a Public Hearing for March 17, 2003.
January 27, 2003 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 plan was prepared in accord with State annexation laws (G.S. 160A-47 and other sections).
March 4, 2003 Public informational meeting held.
March 17, 2003 Public 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 enact an annexation ordinance between 10 and 90 days after a public hearing. The annexation may go into effect between 70 and 400 days after enactment of the ordinance.
COMMENTS AT PUBLIC HEARING
No citizen comments were received at the March 17, 2003 public hearing relating to the Parkside II annexation area.
An e-mail correspondence was received on April 7, 2003, with questions related to street lighting, public access to Homestead Park, and storm drain inlets (see Attachment 2). We are preparing responses to each of these questions and will distribute the material on Friday, April 11, 2003.
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.
RECOMMENDATION
The Town of Chapel Hill has been committed to the logical, comprehensive and orderly extension of the corporate limits within the Towns Urban Services Area. Enactment of the attached ordinance would continue the Town Councils 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 enact the annexation ordinance.
ATTACHMENTS
1. Map of Annexation Area (p. 6).
2. Copy of e-mail from Beth Waldron, dated April 7, 2003 (p. 7).
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 (2003-04-14/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 17th day of March, 2003, 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, 2003, 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, 2003, be extended to include said territory more particularly described as follows:
Parkside II Area. The Parkside II subdivision and the abutting right-of-way of the State University Railroad spur of the Norfolk Southern Corporation located in Chapel Hill Township, Orange County, North Carolina. The boundaries of the area under consideration for annexation are shown on the attached Map 1, incorporated as a part of this Resolution. 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 on the existing Town city limits line, said point being the southeastern most corner of the Parkside II Subdivision (See PB 88, Pg. 95) and labeled control corner. Thence from said point of beginning and with the southern property line of said Parkside II Subdivision N 89°1546 W 1,245.79 to a point on the eastern limits of the Southern Railroad right-of-way; thence continuing along the same course N 89°1546 W 107.09 to a point on the western limits of said railroad right-of-way; thence with the western limits of said right-of-way N 21°4215 E 1,159.58 to a point, thence continuing with said western right-of-way and curving to the left, said curve having a radius of 2,687.49 and an arc distance of 187.99, N 19°4201 E 187.95 to a point; thence continuing along said western right-of-way and curving to the left, said curve having a radius of 843.28 and an arc distance of 274.24, N 08°2248 E 273.03 to a point, thence leaving the said western right-of-way limits N 89°4656 E 105.71 to a point on the eastern limits of said railroad right-of-way; thence leaving said eastern right-of-way limits and with the northern most property line of Parkside II Subdivision, S 89°0510 E 561.58 to a point; thence with the eastern boundary of Parkside II Subdivision the following courses; S 08°1418 E 191.48 to a point; thence S 26°3043 E 131.48 to a point; thence S 06°3144 E 112.29 to a point; thence S 03°4314 W 49.00 to a point; thence S 03°3501 W 205.47 to a point; thence S 43°4348 E 92.79 to a point; thence S 04°5913 E 168.17 to a point; thence S 02°0820 E 255.32 to a point; thence S 03°2342 W 151.76 to a point; thence S 02°1453 W 219.56 to the point and place of beginning. Being all of Parkside II Subdivision and including the area within the Southern Railroad right-of-way adjacent to said subdivision.
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 5,191 linear feet, of which 1,957 feet abut the present Town primary corporate limits. Thus, 38% 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 4.28 persons/acre, the Parkside II area 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 27th day of January, 2003, 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 14th day of April, 2003.
