Tryon eases county fears of satellite annexation request

Published 9:28 pm Thursday, March 4, 2010

Polk commissioners expressed concern Monday over Tryon and Saluda’s request for an exemption from current state laws regarding satellite annexations.
Satellite annexations involve property not contigious to existing town limits.
Saluda and Tryon want the General Assembly’s permission to be able to satellite annex more than the currently allowed 10 percent of their incorporated areas. Under current law, towns also cannot satellite annex property any further than three miles from corporate limits.
County commissioner Renee McDermott said if the towns were granted exemptions to the 10% rule, it could be harmful to Polk County.
“As youve probably read in the local newspapers, both Tryon and Saluda plan to ask the General Assembly to grant them the power to do voluntary annexations,” McDermott wrote in a memo to commissioners. “While that may not sound so bad, it could be very bad for Polk County.”
McDermotts letter cautioned that town representatives have said they plan to target businesses with satellite annexation, which would deprive Polk County of sales tax.
In an interview Wednesday, McDermott explained another objection. “I’m concerned that satellite annexation could be used by a town in cooperation with developers to thwart county regulation and zoning, including the Comprehensive Plan that I hope we adopt soon. If the 10% territory limitation is rescinded, without any limitation, towns could simply give any developer relief from any of the county’s planning practices in return for bringing more revenue to the town.”
After speaking with Tryon Town councilmen Austin Chapman and Doug Arbogast, who attended the county board meeting, however, commissioners seemed to be less concerned.
County commissioners, Chapman and Arbogast all agreed to work together on Tryons resolution to the state to ensure that all parties are in agreement.
Tryons corporate limits encompass approximately 1,200 acres and at present the towns largest satellite annexation area is Harmon Field, at approximately 60 acres, or half of the towns total allowable satellite annexation.
Chapman said Tryon would like the exemption so it can exceed the satellite annexation limit if it ever wants to aquire more property for Harmon Field.
“I dont think theres a grand design or strategy here at all,” Chapman said. “Our major concern is Harmon Field.”
Chapman said hed be glad to work with the county on the resolution, saying, “Obviously, if you (the county) dont support us on this it wont happen.”
Tryon is attempting to sell its community center building, acquired with state grant money, to Tryon Arts and Crafts, which owns the adjacent former Tryon Middle School building.
A stipulation in the grant requires the town take the sale proceeds and purchase more recreational land, preferably near Harmon Field. Tryon officials say if more land is acquired, the town may need to exceed the 10 percent rule in order to bring it into town limits.
Arbogast said the town has used up probably six to seven percent of its allowable acreage. The town has not yet found a piece of property near Harmon Field to purchase in order to sell its building.
Arbogast also said the town could offer businesses incentives, such as acquiring beer and liquor licenses, to those who want to come into the town. He mentioned he has been working with Grover Industries to bring that property into the town, which would take up another five acres of the towns allowable satellite annexation space.
On Wednesday, McDermott said county manager Ryan Whitson and she planned to meet with Tryon Town Manager Justin Hembree this week to “come up with a solution.”
“I don’t think anyone wants to thwart Tryon’s hopes to expand Harmon Field and still have some further ability to expand,” McDermott said. “But I don’t think any of us wants that to be totally unlimited.” McDermott said she would be particularly concerned if the towns wanted relief from the three-mile limit.
Chapman and Arbogast said they dont see any reason why Tryon would want to bring in anyone outside its extraterritorial jurisdiction (ETJ), so theyd be open to limiting the towns request. ETJ is a one-mile area around a towns corporate limits and Chapman said it wouldnt make make sense financially to annex anyone outside the towns ETJ.
Tryon is the only town in Polk County which has an ETJ.
County commissioners directed county manager Ryan Whitson to work with the towns on an agreeable resolution. Whitson was also directed to speak with local representatives Rep. David Guice and Sen. Tom Apodaca, who would have to sponsor the bill.
The county expressed more concern over what Saludas intentions since Saluda does not have ETJ.
Tryon officials said they were unaware of Saludas plans and were merely “piggy-backing” with Saluda to make the legislation less of a hassle for legislators. Commissioners said Henderson County is concerned about Saludas request considering Saludas corporate limits border the Henderson County line. Henderson County may also be involved in discussions.
Columbus’ voluntary satellite annexation of Fosters Creek Preserve, a 1,000-acre proposed development, was mentioned by county officials as something they would rather not see again.
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