TO: Mayor and Members of City Council
THRU: Kelly Olivera, ACM
Dr. Gerald Newton, AICP - Development Services Director
FROM: Will Deaton, AICP - Planning and Zoning Division Manager
Demetrios Moutos, Planner I
DATE: March 25, 2024
RE:
Title
AX24-02: Cedar Creek Road, LLC is petitioning to annex into the corporate limits of the City of Fayetteville four contiguous parcels totaling 27.72 ± acres. These parcels are located on the western side of Cedar Creek Road at 1666 and 1674 Cedar Creek Road, and 0 and 1678 Fields Road, and can be further identified by PIN #’s: 0445-89-2478, 0446-70-9250, 0446-80-3573, and 0445-89-4268, and REID #’s: 0445892478000, 0446709250000, 0446803573000, and 0445894268000.
end
COUNCIL DISTRICT(S):
Council District(s)
Prospective Council District: 2 - Malik Davis
b
Relationship To Strategic Plan:
Strategic Operating Plan FY 2022
Goals 2027
Goal II: Responsive City Government Supporting a Diverse and Viable Economy
• Objective 2.1 - To ensure a diverse City tax base
Goal III: City Invested in Today and Tomorrow
• Objective 3.2 - To manage the City’s future growth and strategic land use
Executive Summary:
Cedar Creek Road LLC is seeking annexation into the corporate limits of the City of Fayetteville. Their proposal entails four parcels, totaling approximately 27.72 acres. These parcels are situated on the western side of Cedar Creek Road, between Fields Road and Water Oaks Drive, specifically at 1666 and 1674 Cedar Creek Road, and 0 and 1678 Fields Road. They are identifiable by their PIN numbers: 0445-89-2478, 0446-70-9250, 0446-80-4556 (previously 0446-80-3573), and 0445-89-4268, and REID numbers: 0445892478000, 0446709250000, 0446804556000 (previously 0446803573000), and 0445894268000.
It's worth noting that at the time of application, there were originally five parcels included in this request. However, during the process, two parcels were merged, resulting in a total of four parcels under review. The Real Estate Identification Numbers 0446803573000 and 0446804658000 were consolidated and are now identified as 0446804556000.
Background:
Historical Background:
In 1988, a portion of the land at the intersection of Cedar Creek Road and Water Oaks Drive was incorporated into the City of Fayetteville. Concurrently, the adjacent area along Cedar Creek Road underwent annexation. The dwelling located at 1666 Cedar Creek Road was constructed before 1968. Additionally, another residence at 1678 Fields Road was demolished in the late 1990s or early 2000s. Subsequently, the remaining land parcels have remained undeveloped since that time.
Recurring flooding in subdivisions, notably Locks Creek, has been a concern, exacerbated by inadequate flood zone mapping and urban development. The City of Fayetteville's Engineering Department's Stormwater Division did not acknowledge potential problems specific to this annexation. As required by the UDO, developers must adhere to stringent stormwater retention and control measures before receiving development approval.
Surrounding Environment:
To the north of the subject properties are single-family homes and vacant lots. South of the vacant land lies an undeveloped area. Towards the west of the properties, there are numerous single-family residences situated on spacious lots. On the eastern side, there is a self-storage facility, a car wash, and an automotive sales office.
Future Land Use Map and Plan:
The Future Land Use Map & Plan suggests that this area of the city should develop as Low Density Residential and Office/Institutional development. The Low Density Residential area is envisioned primarily for single-family homes with the occasional duplex or townhome, while the Office/Institutional zone is aimed at medium intensity nonresidential uses, such as offices and flexible spaces.
While the Future Land Use Plan encourages a mix of Low Density Residential and Office/Institutional development in the specified area, the segment of Cedar Creek Road between L A Dunham Road and I-95 is currently characterized by various commercial enterprises facing the road, with residential areas situated behind these establishments. The proposed zoning districts offer the possibility of developing two-to-four family and multi-family homes, acting as a transitional zone between commercial areas and single-family homes. This approach aligns with the plan's goal of integrating a variety of housing types to create dynamic and inclusive communities.
Moreover, any new developments must comply with the Unified Development Ordinance's regulations, including those related to stormwater management. The plan specifically advises prudent management of development within flood-prone areas.
The Technical Review Committee plays a pivotal role in assessing development proposals for floodplain considerations and ensures adherence to floodplain management ordinances through the permitting process. This committee evaluates site plans, provides feedback, and approves projects that meet all necessary criteria. Although not required for annexation, the applicant has proactively sought the committee's review. The applicant has submitted two development proposals for the Technical Review Committee's consideration at their March 20th meeting, though comments from the committee were not available at the time of this report.
If the Council rejects the annexation requests, the properties could still be developed, but without the City of Fayetteville's oversight or input. This would mean missing out on potential tax revenue, development, and permitting fees that could come from annexation.
According to the Public Works Commission Charter, the City Council shall not directly or indirectly require any individual, group, or developer to request annexation of its property by the City in order to receive water service from a water system under the management and control of the Commission.
Attached to this report is a Basic Information Sheet summarizing the site’s existing conditions and required development conditions.
Issues/Analysis:
Compliance with North Carolina General Statute §160A-31 and §160A-58.1 Petition for annexation; standards.
A determination of petition sufficiency was made by the Real Estate Department on February 7, 2024, as detailed in the attached memorandum. Furthermore, the petitioner has submitted an application that aligns with the requirements for contiguous annexation, as stipulated by GS §160A-31 and §160A-58.1.
Compliance with the Development Standards of the UDO
The site is currently undeveloped except one single-family dwelling located at 1666 Cedar Creek Road. All future development will be subject to the standards outlined in the Unified Development Ordinance and enforced through site plan and building plan review.
Effective Date:
The North Carolina General Statutes require that voluntary petitions of contiguous and noncontiguous areas be annexed immediately or on June 30 after the date of passage of the ordinance, or on June 30 of the following year after the date of passage of the ordinance.
Financial Impact of Annexation:
If the parcel is annexed, the tax burden for the property will increase due to the inclusion of city taxes in addition to the current county tax rate. If annexed into the City of Fayetteville, the burden of the property owner’s county tax rate will be reduced by the county’s fire district tax, special fire tax, and the county’s recreation tax.
Budget Impact:
Please see the attached Appendix A, which summarizes the financial impact of the provision of services and the assumed tax revenue that the City will receive as a result of annexation. The figures provided assume an annexation date of March 25, 2024.
Options:
1. Adopt the annexation ordinance with an effective date of March 25, 2024;
2. Adopt the annexation ordinance with an effective date of June 30, 2024;
3. Do not adopt the annexation ordinance; this option would mean that the initial zoning would not occur and the parcel would remain outside corporate limits;
4. Defer action and table the annexation petition for further review and discussion.
Recommended Action:
Staff recommends Option 1, that the Council moves to adopt the proposed ordinance annexing the parcel with an effective date of March 25, 2024.
Attachments:
1. Appendix A-Summary of Services, Costs, and Revenues
2. Aerial Map
3. Legal Description
4. Basic Information Sheet
5. Sufficiency Memo
6. Draft Ordinance
7. Subject Property
8. Surrounding Properties
9. City Council Presentation