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Request for City

Council Action

Agenda

Item:

5

Date: 4/17/2018

Subject: Public Hearing – Petition for Voluntary Contiguous Annexation – McRae

Farms, LLC - 24.21 Acres

Department: City Manager's Office

Presented by: Ron Massey, Deputy City Manager Presentation: Yes

Issue Statement

This voluntary annexation petition was received from McRae Farms, LLC for three tracts totaling 24.21 acres that are contiguous to the current City limit boundaries. The tracts are a portion of a larger property located on Western Blvd near Commons Drive North and adjacent to City owned property. The developers propose to build a commercial shopping development consisting of an anchor grocery store (Publix,) several storefront shops/restaurants and several outparcels.

Financial Impact

Costs and Revenues are provided in the detailed Annexation Analysis Total

Cost-Benefit Summary attached. The financial analysis shows a positive net cash flow

over the five-year review period.

Action Needed

Conduct Public Hearing

Consider Annexation Ordinance

Recommendation

Staff recommends that Council adopt the Annexation Ordinance as presented. Approved:  City Manager  City Attorney

Attachments:

A Proposed Ordinance

B Financial Analysis

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Staff Report

Agenda

Item:

5

Voluntary Annexation Petition

McRae Farms, LLC - 24.21 Acres

Introduction

The area proposed for annexation is located within the City’s Extra Territorial Jurisdiction (ETJ) and is contiguous to the current City limits.

The developers propose to build a commercial shopping development consisting of an anchor grocery store, several store front shops/restaurants and several outparcels.

Procedural History

 February 2, 2016 – Council adopted a Resolution authorizing Voluntary Annexation Petitions to be investigated for sufficiency upon receipt.

 April 3, 2018 – Council receives certification of the petition and approved the Resolution scheduling a Public Hearing.

 April 6, 2018 – Public Hearing Advertisement for April 17, 2018 Council Meeting published in Jacksonville Daily News Legal Ads

 April 17, 2018 – Proposed Date to conduct a Public Hearing and for Council to consider adopting the Annexation Ordinance.

 April 17, 2018 – Proposed Effective Date of Annexation Ordinance.

Stakeholders

 McRae Farms, LLC – Owner/Petitioner

 Wyatt Bone, P.E., Bohler Engineering – Project Engineers  Geyer Morris, Developers of Gateway Marketplace

 Thomas Johnson, Attorney  Citizens of Jacksonville

Financial Analysis:

The annexation area does not require significant infrastructure investment on the City’s behalf.

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Using the assumptions provided by the developer, the financial analysis model shows a

positive net cash flow over the five-year review period. The results of the financial

analysis model are highly sensitive to the assumptions related to the timing and amount of public safety service investments and the absorption rate.

Options

Pass the Annexation Ordinance: RECOMMENDED.

Pros: The site is contiguous to the current corporate limits and is proposed for future commercial development.

Cons: None

Deny the Annexation Ordinance: Pros: None

Cons: This action would conflict with past actions associated with contiguous property proposed for future commercial development.

Defer Consideration of the Annexation Petition:

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ORDINANCE (2018-)

AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF JACKSONVILLE, NORTH CAROLINA

MCRAE FARMS, LLC 24.21 ACRES

WHEREAS, the City Council has been petitioned under G. S. 160A-31, as amended, to annex the area described herein; and

WHEREAS, the City Council has by resolution directed the City Clerk to investigate the sufficiency of said petition; and

WHEREAS, the City Clerk has certified the sufficiency of said petition and a public hearing on the question of the annexation was held at the Jacksonville City Hall at 7 o'clock, P.M. on the 17th day of April 2018, after due notice of publication on the 6th day of April 2018, and

WHEREAS, the City Council does hereby find as a fact that said petition meets the requirements of G. S. 160A-31, as amended;

NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Jacksonville, North Carolina that:

Section 1. By virtue of the authority granted by G.S. 160A-31, as amended, the following

described territory is hereby annexed and made a part of the City of Jacksonville effective April 17, 2018:

Tract A - 20.95 Acres

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centerline, thence leaving said centerline and the northern line of City of Jacksonville North 38 degree 22 minutes 40 seconds West 460.78 feet to a point of curvature, thence along a curve to the left having a radius of 20.00 feet and an arc length of 31.42 feet with a chord bearing and chord of North 83 degrees 22 minutes 40 seconds West 28.28 feet to a point of tangency, thence South 51 degrees 37 minutes 20 seconds West 103.06 feet to a point of curvature, thence along a curve to the right having a radius of 3059.00 feet and an arc length of 379.92 feet, with a chord bearing and chord of South 55 degrees 10 minutes 49 seconds West 379.68 feet to a point of tangency, thence South 58 degrees 44 minutes 18 seconds West 33.89 feet to a point of curvature, thence along a curve to the left having a radius of 4941.00 feet and an arc length of 37.57 feet, with a chord bearing and chord of South 58 degrees 31 minutes 14 seconds West 37.57 feet to a point of tangency, thence South 58 degrees 18 minutes 09 seconds West 152.69 feet to a point of curvature, thence along a curve to the left having a radius of 20.00 feet and an arc length of 33.98 feet, with a chord bearing and chord of South 09 degrees 37 minutes 50 seconds West 30.04 feet to a point of tangency, thence South 39 degrees 02 minutes 30 seconds East 68.72 feet to a point, thence South 21 degrees 52 minutes 59 seconds East 27.12 feet to a point, thence South 39 degrees 02 minutes 30 seconds East 6.67 feet to a point of curvature, thence along a curve to the left having a radius of 723.00 feet and an arc length of 42.13 feet, with a chord bearing and chord of South 40 degrees 42 minutes 40 seconds East 42.13 feet to a point of tangency, thence South 42 degrees 22 minutes 50 seconds East 191.80 feet to a point of curvature, thence along a curve to the left having a radius of 723.00 feet and an arc length 17.74 feet, with a chord bearing and chord of South 43 degrees 05 minutes 00 seconds East 17.74 feet to a point of tangency, thence South 43 degrees 47 minutes 10 seconds East 196.35 feet to a point, thence South 40 degrees 02 minutes 29 seconds West 294.03 feet to a point in the northern right of way line of N.C. Highway 53/ N.C.S.R. 1324 - Western Boulevard, thence along said right of way line North 39 degrees 39 minutes 47 seconds West 1262.75 feet to an existing iron rod. Said iron rod being the point and place of beginning, containing 20.95 acres as surveyed by James A. Lewis, PLS L-4562. The courses contained are correct in angular relationship and are referenced to NAD 83 (2011).

Tract B - 3.10 Acres

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24 minutes 19 seconds East 150.07 feet to a point, thence North 55 degrees 24 minutes 07 seconds East 52.59 feet to a point, thence South 34 degrees 35 minutes 53 seconds East 71.92 feet to a point, thence North 54 degrees 03 minutes 25 seconds East 238.35 feet to a point, thence North 53 degrees 27 minutes 31 seconds East 124.65 feet to a point, thence South 38 degrees 22 minutes 40 seconds East 231.38 feet to a point, thence South 34 degrees 57 minutes 34 seconds West 326.81 feet to a point, thence North 54 degrees 41 minutes 47 seconds West 355.68 feet to a point, thence North 54 degrees 03 minutes 25 seconds East 20.35 feet to a point, thence North 34 degrees 35 minutes 53 seconds West 42.62 feet to a point, thence South 55 degrees 24 minutes 07 seconds West 22.59 feet to a point, thence South 55 degrees 24 minutes 19 seconds West 149.54 feet to a point, thence South 53 degrees 21 minutes 24 seconds West 108.52 feet to a point, thence South 55 degrees 42 minutes 17 seconds West 109.49 feet to a point, thence South 58 degrees 21 minutes 25 seconds West 121.63 feet to a point, thence South 54 degrees 26 minutes 08 seconds West 134.18 feet to a point, thence South 57 degrees 08 minutes 45 seconds West 95.82 feet to a point, thence South 48 degrees 38 minutes 54 seconds West 168.58 feet to a point, thence North 38 degrees 22 minutes 40 seconds West 30.04 feet to a point, said point being the point and place of beginning, containing 3.10 acres as surveyed by James A. Lewis, PLS L-4562. The courses contained are correct in angular relationship and are referenced to NAD 83 (2011).

Tract C-3 - 0.16 Acres

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21 minutes 04 seconds West 55.38 feet to a point, thence South 32 degrees 18 minutes 52 seconds West 143.74 feet to a point, thence North 57 degrees 41 minutes 08 seconds West 10.00 feet to a point, thence North 32 degrees 18 minutes 52 seconds East 149.44 feet to a point, thence South 88 degrees 21 minutes 04 seconds East 57.97 feet to a point, thence North 57 degrees 13 minutes 49 seconds East 99.97 feet to a point, thence North 13 degrees 22 minutes 45 seconds East 149.58 feet to a point, thence North 03 degrees 23 minutes 33 seconds East 119.49 feet to a point, thence North 14 degrees 00 minutes 50 seconds East 75.00 feet to a point, thence North 54 degrees 41 minutes 47 seconds West 33.16 feet to a point, said point being the point and place of beginning, containing 0.16 acres as surveyed by James A. Lewis, PLS L-4562. The courses contained are correct in angular relationship and are referenced to NAD 83 (2011).

Section 2. Upon and after the 17th day of April 2018, the above described territory and its citizens and property shall be subject to all debts, laws, ordinances and regulations in force in the City of Jacksonville and shall be entitled to the same privileges and benefits as other parts of the City of Jacksonville. Said territory shall be subject to municipal taxes according to G. S. 160A-58.10.

Section 3. The Mayor of the City of Jacksonville shall cause to be recorded in the Office of the Register of Deeds of Onslow County, and in the Office of the Secretary of State, Raleigh, North Carolina, an accurate map of the annexed territory, described in Section 1 hereof, together with a duly certified copy of this Ordinance.

Adopted by the City Council of the City of Jacksonville in regular session this 17th day of

April 2018.

Sammy Phillips, Mayor ATTEST:

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