STAFF REPORT
Town Council, June 26, 2007
Extension of Moratorium on Annexation of Properties in Chatham County
(PL08-040)
Consideration of extending the pending expiration
date of June 30, 2008, for the Town’s
moratorium on the annexation of property within Chatham County.
Speaker: Mr. Scott Ramage
From: Jeffery G. Ulma, Planning
Director
Prepared by: Scott Ramage, Principal Planner
Approved by: William B. Coleman, Jr., Town Manager
Approved by: Benjamin T. Shivar, Assistant Town Manager
A. Summary
In December, 2005, the Town Council and the Chatham Board of Commissioners adopted joint resolutions to develop a Joint Land Use Plan for a portion of Chatham County, generally located west of the Wake County Line and north of White Oak Creek. During the joint planning process, the Town of Cary has maintained a stay on the consideration of annexations within Chatham County. The stay on annexations has been extended twice, and is currently set to expire on June 30, 2008. This report summarizes the history and current status of the annexation moratorium and joint planning effort, and provides a recommended action for extension of the stay on annexations.
B. Background
In December 2005, the Cary Town Council and the Chatham County Board of Commissioners adopted a Joint Resolution to develop a joint Land Use Plan. The two elected bodies directed that the Joint Plan be developed independently by a joint project team consisting of staff from both jurisdictions, and that a draft Plan be ready for public hearing by June 2006.
In conjunction with the joint planning resolution – and in response to a resolution by the Chatham Board of Commissioners – on December 15, 2005, Town Council unanimously adopted a Resolution stating that Cary would not voluntarily annex lands in Chatham County “that are the result of future annexation requests occurring after this date (December 15, 2005), until the earlier of adoption of a joint planning document or September 2006.”
In July 2006 the Council and the Chatham Board extended the project schedule by nine months. After the annexation resolution’s moratorium expired in September 2006, Town Council maintained the moratorium informally as a matter of policy until April 2007.
By February 2007, two community meetings had been held, and the Joint Project Team had developed a proposed draft Land Use Plan. The Cary Town Council and the Chatham Board of Commissioners held a joint work session on February 20, 2007, to discuss the proposed Land Use Plan, however, no agreements were reached.
On April 12, 2007, Town Council adopted a second Resolution that officially extended the stay on annexations for a further year, until “the earlier of (a) adoption of a joint plan or (b) September 28, 2007.” On that same date, Council extended the schedule by a further nine months, targeting the second joint work session with the Board of Commissioners for May 2007, and the initial public hearings for December 2007.
In May 2007, the Chatham Board of Commissioners proposed an alternate Land Use Plan, independent of the Joint Project Team. Town Council held a work session on July 10, 2007, to discuss the differences between the February 2007 Joint Project Team’s proposed Land Use Plan, and the May 2007 Board of Commissioners’ proposed Land Use Plan, and to formulate their position for a second joint work session with the Board of Commissioners.
The second joint work session between Council and the Chatham Board of Commissioners took place on September 18, 2007, however no consensus was achieved on a preferred Land Use Plan. At their September 27, 2007, regular meeting, Town Council adopted a Resolution extending the Town’s moratorium on consideration of annexations within Chatham County for the second time, this time out to June 30, 2008. Town Council also directed that a watershed impact model be developed during this period to study the relative pollutant impacts on Jordan Lake that might occur under the February 2007 Land Use Plan developed by the Joint Project Team, as compared to the May 2007 Land Use Plan proposed independently by the Chatham Board of Commissioners.
In November 2007, staff engaged Tetra Tech, Inc., to develop the requested watershed impact models and associated study and analysis. Work on the modeling and analysis effort has been proceeding steadily through the first two quarters of 2008. A draft report is expected by the end of June and a final report by the end of summer 2008.
On June 2, 2008, the Chatham Board of Commissioners voted to extend their moratorium on county subdivisions of more than 25 lots until December 2, 2008, in order to allow additional time for the development of revisions to their subdivision ordinances and environmental review standards. The moratorium was originally adopted on June 4, 2007, with an expiration date of June 3, 2008.
C. Annexation Cases at Time of December 15, 2005, Annexation Resolution
There were three pending annexation cases which had been submitted prior to the effective date of December 15, 2005, for the first stay of annexations resolution:
· 05-A-23, Roscoe Seagroves et al., O’Kelley Chapel Road. Withdrawn by applicant on January 5, 2006.
· 05-A-33, Galaxy Investments, West Ferrell Road and Lewter Shop Road. On January 26, 2006, Council voted 4-3 to table this case indefinitely “until it is tied to either a long range plan, a subdivision plan or a rezoning to allow the council to see the whole package together.” Rather than move forward and bring in an associated rezoning or subdivision case at this time, the applicant has voluntarily tabled his application until the joint plan is developed. In the interim, the applicant did seek and obtain approval for a Chatham County well and septic subdivision, in the event that the annexation petition is denied or the joint planning project extends too long.
· 06-A-04, Todd Hodge et al., 2002 New Hope Church Road. On February 23, 2006, Council voted 7-2 to deny the application, in consideration of the joint land use plan under development, and because Council wanted more information about the specific development proposal. Mr. Hodge has maintained regular contact with Town of Cary and Chatham County staff and elected officials throughout the joint planning process, and continues to press for an end to the stay on annexations, and for adoption of the February 2007 Joint Plan proposed by the Joint Staff Team.
D. Fiscal Impact: None. Work on the project is being done by Town and County staff.
E. Staff Recommendation
Staff recommends that Council continue the stay on annexations until December 31, 2008. This will provide additional time to:
Attachment 1
RESOLUTION EXTENDING THE CARY TOWN COUNCIL’S STAY ON CONSIDERATION OF VOLUNTARY ANNEXATION PETITIONS FOR PROPERTIES WITHIN CHATHAM COUNTY
WHEREAS, on December 15, 2005, the Cary Town Council adopted a joint Resolution Supporting Joint Planning Between Chatham County and the Town of Cary for the area in eastern Chatham County located east of Jordan Lake, west of the Wake County/Chatham County line, south of the Durham County Line, and north of White Oak Creek; and,
WHEREAS, the Chatham County Board of Commissioners adopted said joint Resolution on December 12, 2005; and,
WHEREAS, the 2005 Resolution Supporting Joint Planning Between Chatham County and the Town of Cary included a preliminary timeline for the joint planning effort which called for final adoption of the Joint Plan by September 2006; and,
WHEREAS, on December 12, 2005, the Chatham County Board of Commissioners also adopted a Resolution Regarding Annexation By The Town Of Cary Within Chatham County, requesting that the Town of Cary not consider requests for annexation of lands within Chatham County until such time as the joint plan could be formulated; and,
WHEREAS, in response to Chatham County’s annexation resolution, the Cary Town Council did, on December 15, 2005, agree that the Town of Cary would not voluntarily annex lands in Chatham County until the earlier of (a) adoption of a joint plan or (b) September 2006; and,
WHEREAS, project delays led to adoption of a revised, extended schedule by the Cary Town Council on July 27, 2006, with concurrence by the Chatham County Board of Commissioners on August 7, 2006, calling for final adoption of a joint plan by the second quarter of 2007; and,
WHEREAS, the first joint work session of the Cary Town Council and the Chatham Board of Commissioners, held on February 20, 2007, occurred approximately three months behind schedule; and,
WHEREAS, project delays led to adoption of a second revised schedule and project extension by the Cary Town Council on April 12, 2007, calling for final adoption of a joint plan by March-April 2008; and,
WHEREAS, the aforementioned project delays led to adoption of a second annexation Resolution by the Cary Town Council on April 12, 2007, extending the stay on consideration of annexations within Chatham County to the earlier of (a) adoption of a joint plan or (b) September 2007; and,
WHEREAS, the second joint work session of the Cary Town Council and the Chatham Board of Commissioners, held on September 18, 2007, occurred approximately four months behind the second revised schedule and resulted in the need for additional time to conduct further studies and independent actions prior to completion of the joint plan; and,
WHEREAS, subsequent to the September 18, 2007, joint work session, at their September 27, 2007, meeting the Cary Town Council directed staff to commission a study of potential watershed impacts within the joint study area, and, in order to allow time for completion and evaluation of the study, extended the Town’s stay on the consideration of annexations within Chatham County to the earlier of (a) adoption of a joint plan or (b) June 30, 2008; and,
WHEREAS, the results of the watershed study are not expected to be finalized until July or August 2008; and,
WHEREAS, additional time will be required for staff and Town Council to evaluate and discuss the watershed study results; and,
WHEREAS, the Chatham County Board of Commissioners extended their moratorium on subdivisions of more than 25 lots until Dec. 2, 2008; and,
WHEREAS, the Town seeks to establish a fair, transparent, reasonable, and dependable climate in which landowners can reasonably plan for their property; and
WHEREAS, the Town of Cary remains committed to the joint planning process with Chatham County;
NOW, THEREFORE, BE IT RESOLVED that, to the extent it can lawfully comply, the Cary Town Council extends its stay on consideration of annexation requests for lands within Chatham County until the earlier of (a) adoption of a joint plan or (b) December 31, 2008.
ADOPTED by the Cary Town Council this 26th day of June, 2008.
_________________________
Harold Weinbrecht, Jr.
Mayor
ATTEST:
_________________________
Sue Rowland
Town Clerk