HomeMy WebLinkAboutAgenda - 04-07-1998 - 9hr
ORANGE COUNTY
BOARD OF COMMISSIONERS
Action Agenda
Item No q -_
ACTION AGENDA ITEM ABSTRACT
Meeting Date: APRIL 7, 1998
SUBJECT: Public Hearing Scheduled by Chapel Hill for Annexing Two Areas
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DEPARTMENT County Commissioners PUBLIC HEARING YES NO —x-
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ATTACHMENT(S): BUDGET AMENDMENT: YES NO
INFORMATION CONTACT:
Yes - Memo from Town Manager Chair Margaret Brown
TELEPHONE NUMBER
Hillsborough 732 -8181
Chapel Hill 968 -4501
Mebane 227 -2031
Durham 688 -7331
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PURPOSE: To discuss Chapel Hill's annexation of the Horace Williams
Tract and other properties located in the County's planning
jurisdiction.
BACKGROUND: Chapel Hill has set a public hearing for April 20, 1998 to
consider annexing two areas. Area 1 is the Homestead Village /Horace
Williams Tract and Area 2 is the Oaks III, Phase B5b located east of
the present Town limits in Durham County.
RECOMMENDATION: As the Board decides.
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AGENDA #4.1b
MEMORANDUM
TO: . Mayor and Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Resolutions of Intent to Consider Annexing Two Areas
DATE: January 26, 1998
The attached resolutions would call public hearings on April 20, 1998, on annexing the two areas
that are shown on the attached maps:
• Area 1- Homestead Village/Horace Williams Tract (Map 1, p. 5a)
This area is located northwest of the present Town limits and includes the Homestead
Village subdivision and the northern portion of the Horace Williams Tract
• Area 2 - Oaks III, Phase B5b (Map 2, p. 7a)
This area is located east of the present Town limits, in Durham County. This area
includes nine lots that are on Chapel Hill's side of the 1986 Durham/Chapel Hill Consent
Judgment Annexation Boundary Line, as modified on August 19,1994.
This would permit the Council to annex these two areas effective June 30, 1998.
ELIGIBILITY OF AREAS FOR ANNEXATION
North Carolina State Law (General Statute 160A -48) establishes standards that each annexation
area must meet in order for that area to be qualified for a Town - initiated annexation. In
summary, these standards generally include: -
• having a population of at least 2 persons per acre, or
• having a population of at least 1 person per acre and a high percentage of small lots, or
• having at least 60% of the boundary of the area adjacent to any combination of the
present Town Limits and the boundary of a qualified urban area.
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Each annexation area meets the statutory requirements for a Town - initiated annexation (for a
further review of the mechanics of annexation, please see Attachment 1). "J
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DISCUSSION
North Carolina State Law (General Statutes 160A45 to 160A -54) sets requirements for
considering and acting on annexations that are initiated by the Town.
Before annexing an area, the Town must either.
1) Adopt a resolution identifying an area, or areas, as being under consideration for
annexation at least one year before a "Resolution of Intent" is adopted; QI
2) If a resolution of consideration is not adopted one year in advance, then the annexation
ordinance must go into effect between 1 year and 400 days after the ordinance is adopted.
These two area proposed for annexation were included in the November 26, 1996 resolution
(96- 11- 26/R -13) that was adopted on that date (see Attachment 2). Thus, the resolution of
consideration covering these two areas was adopted more than one year before this memorandum
recommending the adoption of Resolutions of Intent for each of these two areas.
The annexation law also provides that for each annexation area:
➢ A resolution of intent must be adopted between 45 and 90 days before a public hearing.
➢ A Report with plans for providing police and fire protection, solid waste collection, street
maintenance, and water and sewer services in the annexation area must be approved and
made available to the public at least 30 days before the public hearing.
➢ Notices of the public hearing must be mailed at least four weeks before the hearing to
property owners listed in the property tax records.
➢ The annexation ordinance can be adopted between 10 and 90 days after the hearing.
➢ The annexation can be effective between 40 and 400 days after the ordinance is adopted
NEXT STEPS
If the Council selects these areas, the staff would prepare Service Reports for each of the
annexation areas for.the.Council's -consideration on March 2. Notification would also be mailed
to property owners at this time, in accordance with the statutes. Public hearings on each area
would be held on April 20, 1998.
Following the public hearings, the Council would have the opportunity to consider ordinances
annexing these two areas on May 11. This would permit the Council to annex these two areas
effective June 30, 1998.
MANAGER'S RECOMMENDATIONS
That the Council adopt the following Resolutions of Intent to consider annexing these two areas,
and to schedule public hearings on April 20, 1998.
ATTACHMENTS
1. Mechanics of Annexation (p. 8)
2. Resolution Identifying Areas as Being Under Consideration for Possible Future Annexation
(Town Council Memorandum November 26, 1996) (begin new page 1)
3. Letter from Citizen (December 9, 1997) (p. 5)
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A RESOLUTION STATING THE INTENT OF THE TOWN OF CHAPEL HILL TO
CONSIDER ANNEXING THE AREA DESCRIBED HEREIN AND FIXING THE DATE
OF PUBLIC HEARING ON THE QUESTION OF ANNEXATION (98- 1 -26/R 3a)
BE IT RESOLVED by the Town Council of the Town of Chapel Hill:
SECTION 1
That it is the intent of the Town Council of the Town of Chapel Hill to consider annexing the
following described territory pursuant to Part 3, Article 4A of Chapter 160A of the General
Statutes of North Carolina:
Annexation Area I. The Homestead Village subdivision, several individual lots along
the south side of Homestead Road, several individual lots on Link Road, Unity Center of
Peace Church, the northern portion of the Horace Williams property, and an individual lot
at the southeastern intersection of Seawell School road and the State University Rail
Line. This annexation area is located in Chapel Hill Township, Orange County, North
Carolina, as shown on the attached Map .1.
SECTION 2
That a public hearing on the question of annexing the above - described territory will be held in
the Council Chambers of the Town Hall, 306 N. Columbia Street, Chapel Hill, N.C. 27516 at
7:00 p.m., on the 20th day of April, 1998, at which time plans for extending services to said
territory will be explained, and all residents and property owners in said territory, and all
residents of the Town of Chapel Hill, will be given an opportunity to be heard.
SECTION 3
That a report of plans for extending services to the above - described territory be made available
for public inspection at the office of the Town Clerk for at least thirty (30) days before the date of
said public hearing.
SECTION 4
That a legible map of the area to be annexed and a list of persons holding freehold interests in
property in the area to be annexed who have be identified, be posted in the office of the Town
Clerk at least thirty (30) days before the date of said public hearing.
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SECTION 5
That notice of said public hearing shall be given by publication and 5rst class mail, as required
by North Carolina General Statute 160A49.
This the 26th day of January, 1998.
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A RESOLUTION STATING THE INTENT OF THE TOWN OF CHAPEL HILL TO
CONSIDER ANNEXING THE AREA DESCRIBED HEREIN AND FIXING THE DATE
OF PUBLIC HEARING ON THE QUESTION OF ACTION (98- 1- 26/R -3b)
BE IT RESOLVED by the Town Council of the Town of Chapel Hill:
SECTION 1
That it is the intent of the Town Council of the Town of Chapel Hill to consider annexing the
following described territory pursuant to Part 3, Article 4A of Chapter 160A of the General
Statutes of North Carolina:
Annexation Area 2. Phase B5b of the Oaks III subdivision, including 9 single - family lots,
portions of two additional single - family lots, a comer of the Chapel Hill Country Club golf
course, and a portion of the right -of -way for Nottingham Drive. This annexation area is located
in the Triangle Township, Durham County, North Carolina, as shown on the attached Map 2.
SECTION 2
That a public hearing on the question of annexing the above - described territory will be held in
the Council Chambers of the Town Hall, 306 N. Columbia Street, Chapel Hill, N.C. 27516 at
7:00 p.m., on the 20th day of April, 1998, at which time plans for extending services to said
territory will be explained, and all residents and property owners in said territory, and all
residents of the Town of Chapel Hill, will be given an opportunity to be heard.
SECTION 3
That a report of plans for extending services to the above- described territory be made available
for public inspection at the office of the Town Clerk for at least thirty (30) days before the date of
said public hearing.
SECTION 4
That a legible map of the area to be annexed and a list of persons holding freehold interests in
property in the area to be annexed who have be identified, be posted in the office of the Town
Clerk at least thirty (30) days before the date of said public hearing.
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SECTION 5
That notice of said public hearing shall be given by publication and first class mail, as required
by North Carolina General Statute 160A -49.
This the 26th day of January, 1998.
Map 2 711 to
Proposed Oaks III Phase B5b Annexation Area
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". January 26, 1998
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The Oaks III
3 Phase 135b F
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Kinsale Dr.
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ATTACHMENT 1
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PLANNING STAFF REPORT
SUBJECT: • Mechanics of Annexation
DATE: January 26, 1998
Background
State Law provides that areas that are urbanizing or becoming urbanized should receive the urban
services provided by towns and cities. These municipal services include police protection, fire
protection, garbage and trash collection, and maintenance and lighting of public streets
(excluding State roads). Annexation permits the Town to extend its boundaries and provide
Town services to urbanizing areas in an orderly fashion.
Methods of Annexation
There are three primary methods that the Town may use under State Law to annex land into the
Town's corporate limits:
- Town - Initiated Annexation in Accordance With Statutory Standards,
- Contiguous Annexation Petition, and
- Non - Contiguous "Satellite" Annexation Petition.
The Town has annexed land using all three of these annexation. This report provides further
information on each of these annexation methods.
Mechanics of Annexation
Town - Initiated Annexation in Accordance With Statutory Standards
Without a petition from property owners, cities and towns with 5,000 or more people, may
undertake to annex by ordinance certain areas that meet statutory standards of contiguity,
population density, and intensity of development. These annexations are subject to the following
standards:
1) The area must be contiguous. Contiguous means any area that either abuts directly on the
municipal boundary or is separated by a street, railroad, or utility corridor, by a creek or
river, or lands owned by the municipality or the State of North Carolina.
2) At least one - eighth (1/8) of the total boundary of the area must coincide with the
municipal boundary.
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3) No part of the area may be within another municipality.
4) Part or all of the area must be "developed for urban purposes" which is defined by any
one of the following three criteria:
a. Has a total resident population equal to at least 2 persons per acre; or
b. Has a total resident population equal to at least 1 person per acre, and is
subdivided into lots such that at least 6010 of the total acreage consists of lots 5
acres or less in size and at least 65% of the total number of lots are 1 acre in size;
or
c. Is so developed that at least 600/6 of the total number of lots are used for
residential, commercial, industrial, institutional or governmental purposes, and at
least 60% of the total of residential and undeveloped acreage consists of lots and
tracts 5 acres or less in size.
5) In addition to areas developed for urban p the governing body may include in the
area to be annexed any area that:
a. Lies between the municipal boundary and an area developed for urban purposes
so that the area developed for urban purposes is either not adjacent to the
municipal boundary or cannot be served by the municipality without extending
services, water lines, and/or sewer lines through such area, or
b. Is adjacent on at least 60% of its external boundary, to any combination of the
municipal boundary and the boundary of an area or areas developed for urban
Purposes-
In order to complete a Town-Initiated annexation, the Town must prepare a detailed service
report that explains how the proposed annexation area qualifies under the State Statutes, and
describes how Town services would be provided to the annexation area on substantially the
same basis as areas already within the Town's corporate limits.
Contiguous AnneX260U Petition
The Council may annex by ordinance any area contiguous to its boundaries upon presentation of
a petition signed by 100 percent of the owners of all real property located within such area. Such
annexations are subject to the following procedures and requirements:
1) Essentially, any area contiguous to the corporate limits may be annexed by this method.
2) An area is deemed "contiguous" if at the time the petition is submitted, the area either
abuts directly on the municipal boundary or is separated from this boundary by a street
right -of -way, a creek or river, a railroad, a utility right-of-way, or lands owned by the
municipality or the State of North Carolina.
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Non - Contiguous "Satellite" Petition
The Council, may annex by ordinance certain areas whose boundaries do not at any point touch
its primary corporate limits. The primary corporate limits consists of the boundaries of the
municipality as enlarged by contiguous annexations, and therefore, do not include existing
"satellite areas" that are within the Town's corporate limits. Non - contiguous "Satellite"
Annexation petitions must be signed by 100 percent of the owners of all real property located
within such area. Such annexations are subject to the following standards:
1) The nearest point on the satellite area must not be more than 3 miles from the primary
corporate limits of the annexing city.
2) No point on the satellite area may be closer to the primary corporate limits of another
municipality than to the annexing city.
3) Services to annexation areas must be provided on substantially the same basis as within
the primary corporate limits.
4) If the proposed satellite area is a subdivision, then all of the subdivision must be included
in the petition. If the proposed satellite area is a phase of a subdivision, then the entire
phase of the subdivision must be included in the petition.
5) The area within the proposed satellite limits plus the area within all other satellite
corporate limits may not exceed 10% of the total land area within the primary corporate
limits of the annexing municipality.
Public Hearings
For each of these three annexation methods, the State Statutes require the Council to hold a
public hearing on the subject of annexing the proposed /petitioned area. Notice of the public
hearing must be advertised in a newspaper having general circulation in the Town once a week
for at least two successive weeks prior to the date of the hearing. The Town usually advertises
on the Friday that is ten days prior to the hearing, and on the Sunday that is one day before the
hearing. For Town - Initiated annexations, the Town also notifies all of the property owners in the
proposed annexation area, as listed in County tax records.
Compensation to Rural Fire Departments
Also in accordance with the State Statutes, the Town is required to compensate any rural fire
department serving the annexation area, if the annexation would result in a loss of revenue for the
rural fire department. Accordingly, the Town is required to make a good faith effort to negotiate
a five -year contract with the rural fire department to provide fire protection in the area to be
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annexed. Generally, the Town satisfies this requirement through a five -year agreement that
compensates the rural fire department for one -half of the revenue lost due to the Town's
incorporation of the annexation area, in return for the rural fire department's fire protection to the
area.
Town Property Taxes and Services
Once annexed, properly owners continue to pay County property taxes for County services (such
as education, public health and social services) and they pay Town property taxes for Town
municipal services. These municipal services include police protection, fire protection, regular
garbage and trash collection, maintenance of public streets (excluding State roads), and use of the
library, parks, recreation programs, and transit services. The Town pays to have additional fire
hydrants, street lights, and street name signs installed where they do not already exist in accord
with the Town's normal service policy.
Annexation does not change school district boundaries. In addition, annexation does not change
mailing addresses, phone numbers, or election precinct/voting place. New Town citizens will be
able to vote in Town elections, however. Annexation may lower a homeowner's fire insurance
premiums, as area served by the Town's Fire Department have a better fire insurance rating than
areas served by Rural Fire Departments.
Town property taxes are based on property valuations as of January 1 each year, as determined
by Orange or Durham County, respectively. The Town's property tax. however, is for the budget
or service year beginning July 1 each year For example, property taxes billed on July 1, 1998,
will be used for Town services provided from July 1, 1998 until June 30, 1999. These tax bills
will be due by January 5, 1999. Thus, for example, property annexed with an effective date of
June 30, 1998, would be billed for a full year of services (July 1, 1998 - June 30, 1999).
Annexations effective at other times during the year would receive prorated tax bills based on the
fiscal year, not the calendar year.
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AGENDA *I 2b
MEMORANDUM
TO: Mayor and Town Council
FROM W. Calvin Horton, Town Manager
SUBJECT: Resolution Identifying Areas as Being Under Consideration for Possible Future
Annexation
DATE: November 26, 1996
The attached resolution would identify areas under consideration for possible future annexation.
The Town identifies areas under consideration as a regular part of its comprehensive annexation
study process.
Adoption of the attached resolution would maintain the Council's future ability to choose to
conduct a Town - initiated annexation. Adoption of this resolution does not require that the
Council pursue a T own - initiated annexation, however. We note that this resolution was adopted
in essentially the same form in previous years.
Background
North Carolina State Law regarding annexation includes a requirement that the Planning Board or
the Council adopt a resolution identifying an area as being under consideration for annexation at
least one year prior to adopting a resolution of intent to annex that area, if the annexation
effective date is not to be delayed one year after adoption of an annexation ordinance. The
resolution of consideration remains effective for two years. This requirement does not affect the
Town's ability to act on petitions for annexation.
Discussion
The Urban Services Boundary of the Town has been identified in the 1986 Land Use Plan as the
limits of the area to which urban services will be extended; we do not anticipate annexing beyond
that line. We do anticipate annexing all of the area within the Urban Services Boundary at the
time that each increment of the area meets statutory standards. (An accompanying report in
agenda item 12a reviews the status of areas under general consideration for future annexation.)
Map 1 shows the area under consideration for future annexation as the balance of land between
Chapel Hill's existing corporate limits and the Urban Services Boundary as identified in the 1986
Land Use Plan.
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Recommendation
That the Council adopt the attached resolution identifying areas as being under consideration for
annexation.
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Item
Page
Resolution of Consideration for Future Annexation 3
Map of Areas Under Consideration for Future Annexation - November 26, 1 996 q
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A RESOLUTION IDEN71FYING THE AREAS DESCRIBED WI MN AS BEING UNDER
CONSIDERATION FOR ANNEXATION (96-11-26/R-13)
BE IT RESOLVED by the Council of the Town of Chapel Fill:
SECTION 1
That pursuant to G.S. 160A -49 (i), the following described area are identified as being under
consideration for annexation by the Town of Chapel Dill, under provisions of Part 3, Article 4A of
Chapter 160A of the General Statutes of North Carolina:
Generally, the unincorporated area between Chapel H'ill's existing corporate Emits
and the Town's Urban Services Boundary as identified on the 1986 Land Use Plan
that was adopted by the Council on July 14, 1986.
The above - referenced areas are specifically shaded on the attached nap ("Areas Under
Consideration for Future Annexation - November 26, 1996"), which shall be incorporated into
this resolution by reference, in accordance with N.C. General Statute 160 -49(t).
SECTION 2
That a copy of this resolution shall be filed with the Town Clerk.
This the :6th day ofNovember, 1996.
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