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HomeMy WebLinkAboutAgenda - 03-16-1999 - 10a 1 - - ~ ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: Mazch 16, 1999 Agenda Abstract Item # /D_~ SUBJECT: HEBRON INCORPORATION ACTION BY: Not Required DEPARTMENT: PUBLIC HEARING: Yes X No BUDGET AMENDMENT REQUIRED: Yes X No ATTACHMENTS: INFORMATION CONTACT: Staff Report Attach'-1 Craig Benedict X2592 Vicinity Map Attach'- 2 Planning Director Notification Letter (11/18/98) Attach'- 3 Lynne Holtkamp Letter (3/2/99) Attach'- 4 with two page attachment PHONE NUMBERS: NC Statutes Excerpts Attach'- 5 Hillsborough 732-8181 Assessment of Petition Attach'- 6 Mebane 227-2031 Durham 688-7331 Chapel Hill 967-9251 PURPOSE: Consideration of the Report on the Hebron Incorporation. BACKGROUND: Orange County was notified on November 18, 1998 of an Application for the Incorporation of the Town of Hebron (See Attachment 3). This notification is pursuant to N.C. G.S. 120-164 for information purposes and does not require Orange County to be part of the legislative approval process. Therefore, this report is offered to explain the impacts on Orange County of the State's decision to permit incorporation (Scenario A) or to deny incorporation (Scenario B). Orange County's major involvement includes the provision of contractual services to the Town of Hebron if it is incorporated. Representatives of the Hebron incorporation effort acknowledge that the services will be at full cost. PLEASE SEE STAFF REPORT RECOMMENDATION: Receive as a report. ATTACHMENT 1 STAFF REPORT: Craig N. Benedict, AICP, Orange County Planning Director TOPIC: INCORPORATION /ANNEXATION ISSUE: HEBRON INCORPORATION Under Consideration 1) The Interim Council for the Town of Hebron has submitted (Nov. 18, 1998) its Notice of Intent for incorporation to the Joint Legislative Commission on Incorporation of Municipalities (JLCMI). 2) A recommendation has been made by the North Cazolina Department of Commerce Division of Community Assistance (See Attachment 6). This will be reviewed by the JLCMI and a recommendation will in turn be made to the North Carolina Legislative General Assembly. 3) Incorporation laws (SL 1998-150, H-1361) changed effective November 1, 1998 which set forth more elaborate justification criteria for incorporation requests (i.e. population, proximity to existing cities services, etc..) 4) The North Cazolina General Assembly may decide on incorporation matters irrespective of the JLCMI recommendation. SCENARIO A IF APPROVED FOR INCORPORATION, HEBRON WOULD NEED TO: A) Provide at least two of the following services: Police Fire Gazbage Collection Water Distribution Sewer Collection Streets Street Lighting Citywide Planning and Zoning IMPACTS ON ORANGE COUNTY 1) Hebron can contract with Orange County for provision of two or more services (police, fire and planning is presently being conducted in the area by Orange County). The contract would include the full cost of localized services. Other sources of revenue besides town sales tax may be necessary to generate revenues for contract costs (i.e. ad valorem property tax). 2) Orange County loses sales tax revenue based on the loss of Hebron's approximate 300 population. 3) Hebron can control its comprehensive plan which may or may not be consistent with the existing county plan. If one of the contracted services is planning, then the County/Hebron land use plan would be consistent. 2 Page 1 of 2 3 scENARIO-~ _. IF DISAPPROVED FOR INCORPORATION, HEBRON WOULD BE SUBJECT TO: A) Oversight of applicable service issues by Orange County continues until potential annexation by the Town of Mebane. B) Annexation by Mebane is possible based on new annexation criteria. C) North Carolina law permits the annexing town to change the land use or zoning designation of an annexed parcel irrespective of the underlying Orange County Comprehensive Plan. IMPACTS ON ORANGE COUNTY IF HEBRON IS ANNEXED BY MEBANE 1) Orange County should form a joint planning agreement with Mebane to coordinate the use and growth of the Hebron area consistent with the comprehensive plan service impact on Orange County such as schools and roads, etc. 2) Orange County revenue is similarly decreased by the loss of the population based revenue to Mebane. 3) Mebane has the opportunity to extend its ETJ up to 1 mile based on a projected population of over 5000 persons in the year 2000 census. Summary: In either scenario, the establishment of Joint Planning with Hebron and/or Mebane is very important. Enclosures cc: John Link, County Manager Geof Gledhill, County Attorney Page 2 of 2 Hebron In~or orat1oT~MENT 2 p Scale: l" =5600' Legend: ~ Hebron 'A~ Mebane potential 1 mile ETJ ' ~ Mebane limits Mebane Extra Territorial Jtxisdiction 4 ~,,.~... .. ~4 • IJ 4 . ~ ~ Mebane City Limits ~ . ATTACHMENT 3 November 18, 1998 ' VIA FIRST CLASS MAII. Orange County Board of Commisioners Attn: Beverly Blythe 200 South Cameron Street Hillsborough, North Carolina 27278 Re: Application for the Incorporation of the Towa of Hebron Dear Members of the Orange County Board of Commisioners: Pursuant to N.C.G.S. 120-164, the Interim Council for the Town of Hebron, provides this Notice of Intent to provide an Application by Petition for the Incorporation of the rust Town of Hebron, in Cheeks Township, Orange County, North Carolina to the Joint Committee for the Incorporation of Municipalities of the North Carolina Legislature. We welcome your support for the proposed Town of Hebron. If you have any questions concerning this Notification, please contact William Wilkinson, Interim Council Secretary, 8700 Hebron Church Road, Mebane, North Carolina 27302. 5 -~ ATTACHMENT 3 November 19,1998 VIA FIRST CLASS MAIL Orange County Board of Commissioners Post Office Box 8181 Hillsborough, North Carolina 27278 Re: Proposed Incorporation of the Town of Hebron, Cheeks Township Orange County, North Carolina Dear Madame Brown and Members of the Orange County Board of Commissioners: We, the undersigned Orange County residents, are very grateful to you for your concern and your efforts to address the recent non-contiguous satellite annexations of Orange County property by the City of Mebane. As you know, our Hebron community is an old, rural, undeveloped area with many farms, which have been in some families since 1755. The Nelson family farm was originally deeded by a land grant from Lord Granville and is recorded in Book 1 of the Orange County Register of Deeds. There are many families who have been here for well over a hundred years, having ancestors who served in the Orange County militia. Others were veterans who sent money home to pay for the farms on which they and their families now live. It is a community of families and neighbors with long histories and a deep and abiding love of the country, the community and Orange County. Although our community is located 2 miles south of Interstate 85, we still have dark night skies, wildlife, some dirt roads, and working farms which produce crops and livestock. -~ 7 We understand that there are constraints under the law which enable municipalities to cross county lines and make dramatic changes to the character of rural communities and the land use plans which govern them, with little input from county citizens or their representatives. We have come to the conclusion that our community is at a crossroads; we can become bystanders to the development of our community or we can join together and devote our effort and resources to its preservation. In the memory of our ancestors and the residents of the area who formed this community, we feel compelled to do whatever we can to protect and preserve our heritage To this end, we have spent hundreds of hours obtaining information, holding meetings, and seeking advice and counsel from many sources as to the best course of action. We have concluded that the only way to protect and preserve our community is to incorporate our rural area. We have therefore taken the nn^~ssary steps toward the presentation of the elements for incorporation to the North Carolina legislature for consideration during the 1999 legislative session. A-copy of our Notice of Application is enclosed with this letter. We believe that the incorporation of our community as a small rural town within Orange County can serve the best interests of our community and Orange County. We would very much appreciate your support and the opportunity to meet with county representatives with a view toward the establishment of a Joint Planning Agreement, which would delineate the manner in which our town could coexist with Orange County. Our Interim Council Chair is Reverend Carson Tyson, 8204 Hebron Church Road, Mebane, North Carolina 27302. Our Interim Council Secretary is Bill Wilkinson, 8700 Hebron Church Road, Mebane, North Carolina 27302. Reverend Tyson can be reached at (919) 304- 3187 and Bill Wilkinson can be reached at (919) 681-4561 Again, we thank each of you for your concern and support; and we look forward to working with you in the near futLUe regarding the possible creation of a rural town called Hebron Respectfully yours, Terry Adams Reverend Carson n r Louise Heath 8 Chris etches Henry o Gary McCalister~~ ~~~~ lizabeth WebL~ste~ Nadine Wilsoa ~ct.o~iw-- 7.c~.vca~o,.~ ~ ~~, Margaret Lankfoi 1~~2-~I.l~~/ Kae Nelson ~~~_ Bill Wilkinson Nancy etches G ~ _~ J.E. Lloyd ,~;~wc~Z~~ 1.~~;~'~ Henry ebster ~~ Frankie Wilkinson Ethel Yarborough Connie Yarboro ~m ~~&.. r '~ f ATTACHMENT 4 9 ROBERTI, WITTENBERG, HOLTgAMP ~ LAUFFER, P.A. ATTOR1~iEY6 AT LAW SUITE 200 & 280 - THE CHANCELLOR BUILDING SAMUEL ROHERTI 100 EAST PARRISH STREET MAILING ADDRESS: LAWRENCE WITTENBERG DU$HAM, NORTH CAROLINA 27701 P. O. BOX 1852 LYNNE M. HOLTEAMP DURHAM, NC 27702 DANIEL 8. LAUFFEH TELEPHONE (919) 683-2436 R. DAVID WICEER, JH. FAX (919) 688-4378 KATHY R. EVERETT-PERRY 1-800-277-3003 RUTH COHEN HAMMER HENRY E. MOSS 1940.1992 Mazch 2, 1999 VIA FIRST CLASS MAIL Mr. Craig Benedict Orange County Planning Director 306 -F Revere Road Post Office Box 8181 Hillsoborough, North Cazolina 27278 Re: Hebron Deaz Mr. Benedict: As per our telephone conversation of this afternoon, I am sending along the enclosed documents for your review. Again, thank you so very much, Mr. Benedict, for your gracious consideration of this matter. I am frankly thoroughly impressed with your knowledge of the matter and will look forwazd to working with you and Mr. Link in the neaz fut. Very trl}~g yours, FIRM LMH/bp Enclosures: As referenced above p:~zoninglbenedictdoc 10 HOLTKAMP LETTER Concern about other incorporation efforts: As of November 1, 1998, new laws concerning incorporation make it more difficult for rural areas to incorporate by creating new density requirements. (HB 13 61) These laws also change the requirments for involuntary annexation; however, the law regazding voluntary annexation remains unchanged. The application of the Town of Hebron is considered as an "exceptional case" in that its application was presented just after the law changed and otherwise complied with the then existing criteria for incorporation. Conclusion: This is not an effort to isolate the community from Orange County or Mebane. This is an effort to protect the county goals of rural preservation and to afford standing to the community citizens and their county representatives that the law does not otherwise allow. Without the standing that incorporation provides, there is only one force in the future of the community: the neighboring municipality. In North Carolina, the goals of rural and county preservation are trumped by a variety of laws which accord considerable power to municipalities. Meaningful rural preservation efforts especially in rural azeas neaz municipalities require creative and innovative solutions to real challenges. The incorporation of a rural town can be a creative and innovative solution. The community of Hebron would appreciate the opportunity to work with Orange County to create a meaningful, creative foundation for rural preservation. 11 HOLTKAMP LETTER Preliminary Summary of Talkpoints concerning Hebron Incorporation Goals: Our Hebron community would like to incorporate as a rural town in order to assure rural preservation. With the legal standing to ensure a unified plan for the community, as provided by incorporation, our community will be able to engage in a meaningful, long term effort to ensure rural preservation while encouraging a responsible partnership between agriculture and economic development. In the absence of the legal standing provided by incorporation, our community and the area of Orange County in which our community exists will be unable to withstand piecemeal, high density development, nor will our citizens or representatives even have a voice in the development of the azea. According to North Carolina law, there aze no substantive appeal rights of any voluntazy non contiguous satellite annexation by municipalities. Services: If the community of Hebron is incorporated it would like to continue to use the existing sheriff, fire and zoning and planning services presently in place. This will not result in any loss of property tax revenue to Orange County. In the event that the Town of Hebron seeks to increase the need for these services, it will need to levy taxes and pay the county according for the increase use of those services. Sales Tax Apportionment: If the Town of Hebron is incorporated, the town may receive a small percentage of the county sales tax based on population. The population of the Town of Hebron would be approximately 300. Joint Planning Agreement: If the Town of Hebron were incorporated, the town would agree to preserve its commitment to Orange County's goals of rural preservation by entering into a Joint Planning Agreement, which would among other things provide that the Town of Hebron would not annex any area beyond its corporate limits. The Joint Planning Agreement could also provide for the unity of goals between Hebron and Orange County and form the foundation for the growth of those goals. For example, with respect to the. goal of rural preservation, the Town of Hebron could become a specific pilot project for innovative programs supportive of rural preservation. Full Text ~f House Bill 1361 pr p~ 12 ~ ~ hripJ/www.ncga.state.nc.us/htrn119T:/Yd~~~oi7~se/hbi11361.full.html GENERAL ASSEMBLY OF NORTH CAROLINA ATTACHMENT 5 SESSION 1997 SESSION LAW 1998-150 HOUSE BILL 1361 ~ Fiscal Info. AN ACT TO REVISE THE MJNICI[AL ANNEXATION LAMB AND TO CEANGE T$E CRITERIA TO 8E CONSIDERED SY THE JOINT LEGISLATIVE CCIMISSION ON NONICIYAL INCORP0R11TIONS . Tha General Assubly of North Carolina enacts: Section 1. G.S. 105-277.IIb1 raada as rewritten: •Ibl Appraisal at Yruent-use Value. -- IIpon receipt oL a properly executed application, the assessor shall appraise the property at Lts present-use value as established in the aehadule prepared pursuant to G.S. 105-317. Ia appraising ehs property at its present-use value, the assessor shall appraise the impzovamentt located on qualifying land according to the schedules sad standards used in appraising other similar improvements in the county. It all or nay part of a qualifying tract of land is located within ehs limits of an incorporated city or town, or Ss property annsxtd subject to G.S. 160A-37(11)or G.S. 160A-19(tl), ehs assessor shall lurnish a Dopy of the property record showing both the presaot-uas appraisal and the valuation upon which the property would have bane faxed Sa the abeeaee of this classlLlcation to the collector of the city or town. sa shall also notlly the tax collector o! any changaa in Cha appraisals or in tba eligibility oL tba propasty !or the beaalit of this classitlcation. Opon • zegnut for a certiticatlon pursuant to G.S. 160A-37(tl) or G.5.160A-19 fi1), or any ehanya Sn the certiliea tlon, the asssaaor for the county where the land subject to the amaxation is located shall, within 30 days, determine it the land asesta ebe requlremants of G.S. 160A-37(tl!(2) or G.S. ISOA-/9(12)(2) and report the results of its tindings to the city.' Section 2. G.S. 120-166 reads as rewritten: `4 120- 166. Additional oriteria; aearaaaa Lo another munioipali ty. la) The Commission may not make a positive raeammeadation if the proposed municipality !s located within one mile of a aunleipality oL 5,000 Co 9,999, within three miles o! a nuaieipality o! 10,000 to 21,999, within Lour miles o! a municipality of 25,000 to 19,999, or within five miles o! a municipality of 50,000 or over, according to the most recent decennial federal census, oz according to the cost meant annual estimate o! the Office of State Sudgst and Naaagewnt if the municipality was incorporated sines the raturo of that eaasw. (b) Subsection la) of this saetion does noL apply Sa the ease o! proximity to a specific municipality if: (1) The proposed municipality is entirely oa as Sslaad that the nearby city is not oat 12) Tde proposed aunicipality is separated by a suior river or other natural barrier lrom the nearby city, such [hat provision o! municipal services by the nearby city to theproposad municipality U infeasible or the cost is prohibitive, and the Commission shall adopt policies to implement this subdivlaionr (3) The aunielpalities within [hs dlatanees described in subsection fa) of CAis section by resolution smreesoas-iN oxprosa their approval of the ineorporatioai or U) An area o! at leaf Hfty percent 1501) of the proposed municipality has petitioned,tot taauatlon to the naazby city under G.S. 160A- 31 within the ptevions 12 months betose ebe incorporation petition is subaitted to the Conalasioa bat the anaexatioa petition wan not approved.' Section 3. Article 20 of Chapter 120 La aaended by adding a saw saetion to zaad: •4 220-169.2. Additional oziterlat level o! davelepsnat, sarviaes. (a) Level of Development. -- The Ca~laslon nay not sake • poslttve reeaa®sadstion nnlesa the antis area proposed for ineerporatton accts the applicable criteria for developaant Hadar G.S. 160A-36(e) or G.S. 2 60A-Id (e) . (b) Services. -- The Commission say not aahs s positive rscoamendatloa unless the •zea to be Sneorperated anbsLLts a plan for prevldleq s reaaenable level of aronieipal servieea. To sroet Lhe zsgairesenes of this subsection, the persons anbaitelnq the plan for tace:poration lust propose to provide at lust two of the tollowtnq 1 of 16 - 2/11/99 1:38 PM Full Text .,f House Bill 1361 aerviees: (1) PoITn protection. (~) lire protection. (31 Garbaq~ and retnp collection or dlapaaal. N) IIaNr dlstrlbntloa. (S) lswr collection or disposal. (6) Street uiatenance, eonatruction, or right-ol-wy aequisitloa. (71 Street lighting. (S) Adoption of citywide planning and soninq.• Section ~. G.S. 160A-33 reads as rewritten: 13 http://www.ncgastate.nc.us/ht<n119..Jratified/house/hbi11361.full.html •! 160A- 33. Preregoidtss t0 aanmtlons ability to serval report aed plane. A municipality exercising authority under this Part shall make pleas !or the extension o! services to the area propoaad to ba aaae:ed and shall, prior to the public hearing provided for is 6.5. 160A- 37, prepare a report setting forthsuch plans to provide service to once area. The report shall include: (1) A map or ups o! the municipality sad adjacent territory to show the following information: the municipality. °' The present and proposed boundaries of b. The propoasd extensions o! water seine and saver outlalla to ^erve the annexed area, i! such utilltles are operated by the municipality. The water and sower nap must bear the seal o! a registered profusional engineer oz a lieased surveyor. (2) A atatament showing that the area to be annexed meets the raquizamaats o! G.S. 160A- 36. )3) A stataant setting forth the plans of the mualeipality !or extendiaq to the area to be annaxad each major aunieipal service perlormed within the municipality at the Lisa of annexation. Specifically, such plans shall: a. Provide !or extending polies protection, fire protection, solid waste collection sad street minteaaaea services to the arcs to ba annexed on the date o! annexation oa substantially the same basin and in eha same moaner as sue6 servius are provided within the rest of the muaieipsliey prior eo aaaexatioa. A contract with a rural lire department to yrovide tiro protection shall be an aceeptabla method of providing fire protection. If a water distribution system is not available in the area to be annexed, the pleas must call for reasonably e!leetive lire protection services until aueh time as waterlines are made available in aueh area under a:!sting municipal yolieias for the extension of waterlines. A contract with a private firm to provide solid waste collection services shall M as accsptsbla method of providing solid waste collection servieu. b. Provide for extension o! ester mains and sower linen into the area to be annexed ao that property owners in the area to be amaxed will bs able to secure public water sad sewer services according to the policies in'effeet is aueh wnicipality ioz extendiaq water end sewer lines Lo individual lots or subdivisions. i! the municipality must, at its ow expense, extend water and/or sews mains into the area to be annexed before property owners is the era can, sceordlnq to municipal pelieies, make aueh connection to aueh lines, rhea the plans must call for ceatraeta to be let sad eoaatruction to begin oa such lines within one year lollowinq the eileetiw date olamnexatioa. in area wham tAe installation et sews Ss not econoaieal2y t~asibls due to tAe unique topograpAy et tAe area, tAe aenieipality may agree to provides aeptie system aaiatenanee and repair service nntll secb tine as news service is provided to properties alallarly actuated. c. Set lorth the method under which the municipality plans to liaaaee extaasion o! services Sato the area to be annexed. (/) A statement o! the impact e! the annexation on any rural lire department providing eertice in the area to be ennead sad a statement o! the Impact o! the annexation on lire prot~etion sad lire insurance sates is the area to be annexed, if the area where service is provided is in as insurance district dealgnated under G.S. 153A- 233, a rural lire protection district under Article 3A of Chapter 69 0! tae General Statutes, or a lire service district wader Article 16 of Chapter 153A of tae General Statutes. Sae rural lire depaztmaat shall sake available to the city not later ehaa 30 days lollowiaq a written request Tram the city all ialesmatiea in its possession or control, ineludlnq but not limited to operational, liaanelal sad budgetary lalorYtioa, aeeesaary !or preparation e! a statwnt o! impact. The rural lire department lorteita its rights under G.S. 160A-3T.1 sad G.S. 160A-37.2 it it !ails to make • good faits rsapoasa witaia IS days lollowiaq receipt o! the written request ror intormatioa Tram tae city, provided that the city's written request so states by spacilie relereaee to this section. (!) A statuent abovlaq how the propwed annexation will altact tbs city's tinaaees and servteea, inelndinq city revenue change estiaates. ?his atataent shall be delivered to the clerk of the board of coaaty eo43aaloners at least 70 days betore CAe date of ebe pnblle intozmationsl sating on any amexatloa render tbts Part.• 2 of 16 - - 2!11/99 1:38 PM • 31 16 '99 09~16AM ROBERTI WITTENBERG HOLTKAI"P & LA ~18P.326A9;~~zIx3~ • ~ ~. 14 ATTACHMENT 6 •• ___ . • Aa~ment of Pet~on . . ~ ~ ~ by : . •~ .. . • , ~ ~ • Hebron ' ~ • (Qr~ge County) iar, .~~.. • ~ •• . ~ '. • , Incorporation • ~ ~ ~ ~ ~ . .. Relstive to NC G.S.1?A-167. • tbroagh' NC G.S. • ~zo-~~o: . • {rev. November 1,1998) . Ae in Force At1er November 1; ,1998 . •. ~ ~ • North Carotins Department of Com rce DlYiaion o~Commanity As~ietan~ 3 MAR 19 ' 99 ~ 09 ~ 1 ~0A1'1 ROBERT I W I TTENBERG HOLTKAt'P & LA ~ 19 P" 42 a ®®~ ~ ~ 3.t2 s Division of Community Aloe (DCA} staffhas reviewed the petitiau ~br ', ~ , ineeupotsting the Tom of Hreta~ relative to NC G 5.124167, thrvugll C~. 5.120-170. ~ . (revised November 1,1998}. 1'he folla~wiag disawion Rddresee:scab of these uct~t: 8fthe.G~te1 St~ita: ~ ~ ~ .. ~~ ~ .. x~ a.s..~~~,~, - ~oulatida: ~ . ~~ . NC t3.3. 1 20.169 refers ~tv population and requires that the pem~anerrt population mtilst be at least 100. The petition indicates an estimated population of 323; which is well in access of the minimum roquirealeat. The Division of Community Amistanoe (DCA} gatfocm~ ~ nao +Y of tho ~tbja~ ~ That y ~d~ l7$ t~w~luug units in the subject area. Tjk 1990 U3 Census $ureau data indicstea as average of 2.34 persona per houaelwld sad an occupan~ey rate of 93 percent. Thi; wggeats that 387 ~_ persons ere lilosly m rraide m those 178 dwetliags. A population of 323 (as indicated is ' the pedtion) is s nascr~ble estimate ~r the sre+a in question, ix appears that NC G,3. 120-16'l: is a~xti:5ed. NC G.S.. i2S~~§~,,,Addrtic~nat criteria: dewe~opglg~, - i NC G S. 1?A-ib8. to d~velopm~t cad requires t>~t a#. least 40 percent of the area must be °°dev~aloped four t+eaidendaT, commercial, inl,ugstitirtional, or govenlmstttal uses, or is dedieaaed ss open epaas wider the provisions ad's ~n8 ordinance, subdivision osdiaauee, conditional or speaat uses permit, or rocorded restrictive covoeatlts.(1985 (1teg. 3e~s.,1986), c. ,1003, a. l.)". ~ , , . DCA used a land use slu~vay combines ~vitli~atii ~aiulysi: oi~t vilue relative sn lest aim to datermia®th~e dees+oe ofdeve3oPtrs~rt. The wrvey oaaaidaeod patnels a: "developed" if they Clad land use charactetisticslhat wer+6 resided, ~ ~ , commercial, insdhltionet or govanmer~l, industrial, or dedicated open . The :f~ used s reial dauity minimum of 1 unit pee 5 stns ss developed £or .. residemial purpose.' Yaalnt parcels, Sereited parcels, or par~oels where agriailhual use wan preda~uniaant wa~e oont'sdered'i~tadeveloped". ' For large treats that were Duty partially oowpied, by for oonuncrcid, inchlstrial, institutiosml, or govnnmental ueva ttree arras estimated to be oecupled by such uses was conaideced as dovsloped,. Orange County's mooing data for the svbjeot aiBa ideatiSed as parcels that mere ~ . ournendy dedicated as open space under the provisions of s zoning ocditlaaoe; subdivision 1 +etioe t~C G.S. I60A~iI.p) Fkbonm Jmar~atim ~ ~ir6v~e io?1~C G.8.1?~167 e~ ds.12a17o (~. Nv.®be~ 1,1996) ~ . ; i ..: .~ ''~MAf2 16 '99 99~ 11AM ROBERTI WITTEfVBER~ HOLTKAM' &, LA a 1a P' Sz sae ;.~ qii 3. 16 ' O?~irianCe~ CO~dltionr<1 Or ap~ial ~ permit, C~ ttCO[~Od t~eettiCtiv~e OOMenatrte. Nar was there such avidena or olaima pceeeatod in ~e petition. . DCA'a analyw indicated that S pa+cent of the aubjact area u dev~elapod (pleue refit-to Table 13xhlbit 1 and Map A, Appe~ia ~. It appears that NC (~?.3.1?A-168, is not sebafied ~ . . ~ Tsbls EaMfblt is Developss~st R~dati+-e to NC ChS.120-16$. . Land tJse ~ Aaras • ~ 1 inauaaw ~ s Insllhe6onaik"~.o~rrwneat~ ~ enaal ~m a Total 86A5 Total Dave Aq'e s ZD$ 'K Dowlo 8'K t~ ~a ~ •~ zf NC 12~ a~ Bros uniae~ NC G.5.1Z0-169. requir~ees that none of the ~raa proposed for iacozporation msy be included within the boundary of another irrcarporated murucipahty. DCA compared the proposed boundary for the Taws of Hebron with tb~e most ncentl3r updated NC DOT geographic information :ystam ((fIS) data that was provided by NC CC3IA and found no evidence that any ofthe subject area is part of any incorporated tmimcipality. It appears that NC l~ 3. ~1Z0-1b9. u sati`Sed. • . , , .• ~ . IdC G.3.1,20-169.1.(x) iequires that the entire area proposed for' . meets tlu applicable txit~xia for develapmeat under G.S.160A-~6(c) a (f.3.160A;48(c). ,~ , ~ this a~ae tbe'peoposrd t~aumcipaltty bas a popufezroaless than 5,08 eo G.S.160A- 36(c) applies. ('f.S.16flA•3b(c) ttequires tlrxxt at least 60 percent of the total ~aebet of lob be used for resides oomme~cial, industrial, iastitsidonal or govecauae~l proposes. The subject stl~ iantudes 280 iota, 3a perawt (96 tots) are nand for `lresidenotixt, commerciat,'indusltial, instituteonel or gavernmenta! peexposes.~ 'Tlee'~ese" st+~rBarO ~ not satisfied. ~ ~ ~ ~ . t~.S. iSOA-36~c) slw requirres that 60 peroeat of flee total aot~d~e of the subject arcs that i= not resod tot oo>nm~ercisf, indvstrlsl, icnsl or ®ovp'nmentai pueppRes ooasiat of lots and tracts force ~ and lees in sine. Five percent of tiro subject aroa Heat is not used for ate, industri#1. ieestitutional or governmental pmpoees ~emnsi=b of Flebe+os ~ sway .~ m are c::s. t~at~ a+~ o.s. r 2a»o (eev. rto~mbc 1. I99s~ ~ x 3 T'~F2 19 ' 99 ~ 09 ~ 12AM ROBERT I W I TTENBERG HOLTKAMP & LA e i s p' 62 6 a s : s ~ . 17 • 1~ tbit a» tbrea ae~ cr •lea in size T}srt ia, is3 sores of 3.479 s~ (~ sad uadevdoped) cow of lot: pf thc+ae acres ar~ in size The subdiviaian staistdatd is sot sstiss3ed.' ".. .. • NC t~ S. l7Ari69.1.(b) Ruthe+r requires t>zstthe ores to be iacorporated,submit s plan £or s rasssaaat~a level o~muaippal sesvioea. To meet tie regtm+eane~t o~t1i~ section. the pasoas submitting the p~ fbr incorpoeihoa must propose to prvvlde st least tvw of the folloyving ~a~ricea: ' ~ . . , , , ~ ~, ' ' ~ ,; . 2) Flre pcotecdon. . ~ ' 3) .tbab?!6r attd t+elGao ooileataaa and'~atapoeal. 4) w~ aia~ .. ~ ~ ~ . S) hewer cnilection er dlspoaa. ~ . ~ ~ ~ . ~ . ~ ~ ~ . ~ Strom mainte~nce, canstructiw>; or right-of way accryisitian. 7) ~Streat 8) Adopdoa of atywide plsanir~g sod soaiag. . The petition iaCtuded a list of the Ctuxeat service:that sr~e pcovlded by County sad load a~cies. iiow,rver it did act submit a plan ~ coatim~inp ouch sarviaes. Tba petition also listed service that it intended to provide but no plan £or those services was included either. Stiq, it does propose do pmvlde at least two of tba above strvioes. It dpp~ tl~t NC (~ 5.120.169.1.(b) is ast~a£ied. . S~,j~ 120.17.0-0 Fmdla~ ' to ~OCric~~. NC 1,1.8. 1Z0-170 requires tlwt tlio propoatd aaiaicipalits- cea provide, st s reasonable tax rote, the smvicos requested by tlu petition and that the proposed tnuaiaipslity csa provid®m a reuonable rapt rate ffie types of setvieea usually provided by . similar tnuniaipalities. To help quantify this roquirement DCA eonsider+ed the gr+osis assessment value of the proposed municipality u its tax bsse.~ DCA compared the prey tax rates, property uaeastnsnt vslue+e, and property tax revues often muniapalifies tha# have s poptals#i-on sire s~miLr to tbet of the proposed TOwA of For fiscal year 1997-98 the average property tea rate aad revenue 8xtl~ ~ ~ ' comparison comes were ~0.36JS100 asaasament sad S3S,Z44~'rapeotively (see ' ' ?able Fuhibit 2). In order' fbr the proposed ?oan of Hebt+on to 8esarate~ aioailsv; cevessues it would love to levy a property tax rate ~of Z0.16/S 100 a:sesannent (assuming a hotel asa~t of S18,S8S,743 sad a exdmcteoa rase of 97 pecceot}. ~ . • s Pleue apOC that {fie tip reooad tiai provided 10 DCA cosdaiaed sane and~vaa , , miaao$ soma dab. dearpeoctot eiet+e addeawd bit and values mad ~! be missing. B is wet vdikaly that the a~daaimg dm woald atlhct d pe ~ ~ n .m.)- ~a e~c base ' Please Hoge dos doe to Wa ~ pc+oportton 'Sa~rslap.d' Syr by pgp{Qpp~Ly lower thta the sorer ol!!ea aaee:seadt liAed in $e t~c:eeoc~de: Tibade ~ilp! made tt Aso pe~bem en enai`jais et'peeeem-we ~ 11de sect baae~ I3~ebrom ~ea~po:.tiao- sway nasave s4 ~ Qs,12at67 aa~ O.s. lzo-t7o (xev. Mo~reava 1, t9sa) 1'~ 3 s1hAR 16 X99 69~12AM ROBERTI WITTENBER6 HOLTKAf"P & LA ezaP:72see;x s,~i3- 18 'x'a~ Z: Pt+nnert~ Tu Rye and RAreenes Coatoarisos P T aN7 IbvrrNN klfavil! 339 0.58 68 OS1 " B~Ma 306 0.20 a9 Bru 0. 1 9i Cas#i' 3S7 ~ 0.05 .. 8 ~ •. o.ao to ~1l1 Pannek 30$ 0.65 1 s 7S9 a 0. 50 811 a ~ i D.15 1$ 79$ V a1 D?A ~ ZO CrtSwtN 355 0.50 22 ~ A Yax~ R ~afa 100 a Tax~Revenue i2 244 The petition indic,>~d that the proposed municipality intends to comply and implemeIIt "ordiaaacea do eatabliah the Hebron Historic District " Qtherwiu, the proposed town cbes not plan to provide ~+ services that are not already provided by the County' or otbor local agency. Hawevar, the petrtion did not indicate what arraagemeats the proposed town was pls~uting to make for co~it~g such aecviees. Na w+ws tyre a proposed budget Hating estimated eacpenditurea in regud do p~viding services. Nonetheless, it is moat likely that the community vould provide such servioea at a reasonariie tax ratte. It appears that NC C~.3. ]20-I7o. is satisfied. S.4nclus~lla ~Basod oaths forg+oiag, it appears that the proposed. Town often eatisSss the North Ceralit~ Qena~l Statutes I20-167, ]20-1b9 and 120.170. I~o~ovev8r, it doe~t not appeal to antisfY Nt'C..Y~ilZa~,1Sa. ,~amonal criteria: d ~ nog N~S~e~~ 62.~9~- ..,~ti~ cricrsis~Ity~ ~g~~t~n~.~6aas~a. Aaordi~r, ~ t6e Comsaiss$on ~~ drat NC G.& 1?,a168 or G.S. iZ0~169.i.(a) it not aadet~ed, ttie Caaaroisson ,sralte st poaldt-e recosanadatioa oa the iorvrporation of the propoad•Tiwa o[Hebran. FZcbraa Taoocpoi~d~os Study reWlw bo 1~ G S.1Z0.167 ~ 0.~.1?A-170 (M. Novamb~c 1,199 P~e4 ,TZAR 10 '99 ~ 09~ 12AM ROBERTI WITTEfV~R6 HOLTKAMP & LA al9'p' ~6~s o +M ~/ia 19 • _ _ I~1 tdBtiOB~ fio~' la~oocpor:tioa oft~e Town ofH~bcou i99Q US Cebu Sumt~ry Tabla lA (r~etenced 03/OU1999) Irttp:Ihvww.oe~ugov/~i-biddJc~tyt137a135 Cowtty T~ M~a:ora Offioa, Z'~x and 1998 Aaes~memt Data. ~- Nort~i C~t+otia~a Y.eagua ofMuuicipeltties (r~renced 03/0111999) trttp://~oainfo.iogun~a ~ tsports.htmt , Notts Carotins Qffice of State Tt+duorec (refa~uced 03/0111999) . hupJ/www.tne~r~.~.ne.uaJBrlgo.htenf NC ~ C~dS Data I.iyen, Distributed by NC CQIA (1998) . z~t~orsaa-tto~-~elaasarac oa ~aro:ia~aa tZai'~o(~+-,' t;.t~a) s 3i'1AR 10 '99 09~13AM ROBERTI WITTENBERG HOLTKAhP & LA r • - • •Ii 4 Ap $ebron At~a ~ ~° Municipal ~ncorpornt~on ~ ~ P6~ae TI Studp Zlaaovptvpea ~a .~~ o moo w.i gis~-.gzsea.,. 20 ~~ w,. 'n~+ov.a 'ems.