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
Lauren Long, Planner II
DATE: May 22, 2023
RE:
AX23-02: Charles F. Horne, Billy D. Horne, and Fay J. Horne are petitioning to annex into the corporate limits of the City of Fayetteville and initially zone two parcels, a total of 4.68 ± acres to Heavy Industrial Conditional Zoning (HI/CZ). These parcels are located on the northern side of I-95 at 1682 and 1662 Middle River Loop and can be further identified by PIN: 0447-46-4759 and 0447-46-6947; REID: 0447-46-4759000 and 0447-46-6947000.
COUNCIL DISTRICT(S):
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:
Charles F. Horne, Billy D. Horne, and Fay J. Horne are petitioning to annex into the corporate limits of the City of Fayetteville and initially zone two parcels, a total of 4.68 ± acres to Heavy Industrial Conditional Zoning (HI/CZ). These parcels are located on the northern side of I-95 at 1682 and 1662 Middle River Loop and can be further identified by PIN: 0447-46-4759 and 0447-46-6947; REID: 0447-46-4759000 and 0447-46-6947000.
The Zoning Commission held a legislative hearing on April 11, 2023. The applicant attended the meeting and there were two speakers in favor of the requested map amendment. The Zoning Commission voted unanimously (5-0) to recommend approval of the proposed map amendment.
Background:
1662 and 1682 Middle River Loop are currently the site of Blue Ridge Power and Horne Brothers Communications, Inc. The parcels were first developed between 1974 and 1994, both under the county’s review. The original site was a 19.8 acre tract that after several subdivisions, resulted in the current configuration of the parcels in 2003.
The site is currently zoned as Planned Commercial District, C(P), under the Cumberland County zoning district map. The petitioner has requested to initially conditionally zone the parcel to Heavy Industrial (HI/CZ). The Heavy Industrial (HI) zoning district accommodates the existing use, which classifies as building, heating, plumbing, or electrical contractor with outside storage and is a by-right use in the Heavy Industrial zoning district. The Zoning Commission has recommended approval of the requested map amendment.
According to the Future Land Use Map, this parcel has been identified for development with regional employment centers, including larger industrial uses or business parks under the Industrial/Employment Center (EC) designation. The Heavy Industrial district allows for uses that fit within this category of land uses and the existing use of the parcel conforms to its Future Land Use Designation. As this parcel is located in the City of Fayetteville’s Municipal Influence Area (MIA), the connection to PWC sewer requires that the parcel be annexed into the corporate limits, City Council Policy 150.2. The petitioner is requesting annexation in order to connect to PWC sewer.
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 Annexation by Petition
A determination of petition sufficiency was made by the Real Estate Department on March 27, 2023. Please see attached memorandum. Additionally, the petitioner submitted an application that meets the requirement that the parcel be ‘contiguous’ to the corporate boundaries of the municipality as defined by GS §160A-31(f).
Compliance with Development Standards of the UDO
The site is not in conformance with the development standards of the Heavy Industrial (HI) zoning district. When a parcel is annexed into corporate limits any existing development or site work that conformed to the standards under which it was originally developed will be considered an existing non-conformity under the provisions for non-conformities in the UDO, Article 30-7. All future development must conform to the design standards and a specific set of provisions apply to the existing site as well as all buildings/ structures. 30-7.F.1 provides that interior and exterior remodeling would require correction of on-site deficiencies to meet the existing standards for off street parking, landscaping, perimeter buffers, screening, and open space standards. 30-7.F.2 provides that additions and expansions to structures or non-conforming sites shall require correction of existing site deficiencies as they relate to street parking, landscaping, perimeter buffering, screening, and open space standards. These two provisions are based on a graduated system whereby the degree of compliance has a direct relationship to the extent of the remodel, addition, and/or expansion. 30-7.F.3 requires that should any change of use occur, the entire site must be brought into compliance with the standards for off street parking, landscaping, perimeter buffers, screening, and open space. Should any further expansion, development, or change of use occur on the site, it will require degrees of conformance with the current development standards in order to gradually bring the site into compliance.
Although future development and conformity of the site is primarily regulated by Article 30-7, the proposed conditional zoning does allow that the following site conditions be rendered conforming upon approval of the requested map amendment:
1. The existing building setbacks from the adjoining property lines as well as the interior property remain as they currently exist on the site.
2. The existing use areas around the site remain as they currently exist and function.
3. The existing setbacks from the private street right of way remain as they currently exist.
4. The loading docks on the building at 1662 remain as they currently exist and function without additional screening.
5. The existing access points, vehicular use areas and parking around the site remain as they currently exist.
Effective Date:
The North Carolina General Statutes require that voluntary petitions of contiguous 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 May 22, 2023.
Options:
1. Adopt the annexation ordinance with an effective date of May 22, 2023, this option validates the final action taken by Council on the initial zoning;
2. Adopt the annexation ordinance with an effective date of June 30, 2023, this option validates the final action taken by Council on the initial zoning;
3. Adopt the annexation ordinance with an effective date of June 30, 2024, this option validates the final action taken by Council on the initial zoning;
4. 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;
5. Defer action and table the annexation petition for further review and discussion.
Recommended Action:
Staff recommends Option 1, that the Council move to adopt the proposed ordinance annexing the parcel with an effective date of May 22, 2023 and establish the initial zoning consistent on prior action taken by council concerning the map amendment.
Attachments:
1. Appendix A-Summary of Services, Costs, and Revenues
2. Vicinity Map
3. Aerial Map
4. Legal Description
5. Basic Information Sheet
6. Sufficiency Memo
7. Proposed Annexation Ordinance
8. Photographs of Site
9. Power Point Presentation