TO: Mayor and Members of City Council
THRU: Kelly Olivera, Assistant City Manager
Dr. Gerald Newton, AICP - Development Services Director
FROM: Will Deaton, AICP - Planning and Zoning Division Manager
Demetrios Moutos, Planner I
DATE: June 24, 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, 0446-80-4556, and 0445-89-4268, and REID #’s: 0445892478000, 0446709250000, 0446804556000, 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. The proposal includes four parcels, totaling approximately 27.72 acres. These parcels are located 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 identified by their PIN numbers: 0445-89-2478, 0446-70-9250, 0446-80-4556 (formerly 0446-80-3573), and 0445-89-4268, and REID numbers: 0445892478000, 0446709250000, 0446804556000 (formerly 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.
On May 14, 2024, the Zoning Commission conducted a public hearing to consider the Map Amendment associated with the Annexation Petition. This hearing allowed for public input on the proposed zoning change. The Board ultimately recommended approval of the rezoning request by a 4-1 vote.
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. At the same time, the adjacent area along Cedar Creek Road underwent annexation. The dwelling located at 1666 Cedar Creek Road was constructed before 1968. Additionally, a residence at 1678 Fields Road was demolished in the late 1990s or early 2000s. Since then, the remaining land parcels have remained undeveloped.
Recurring flooding in subdivisions, notably Locks Creek, has been a concern, exacerbated by inadequate flood zone mapping and urban development. However, the City of Fayetteville's Engineering Department's Stormwater Division did not identify any 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, there are single-family residential houses and vacant land. The area to the south is also vacant and undeveloped. To the west, several single-family houses on large parcels are situated. To the east, there is a self-storage facility, car wash, and automotive sales office. Adjacent to the proposed rezoning, at the corner of Cedar Creek Road and Fields Road, is the site of a proposed Fire Station for the City of Fayetteville, which aims to enhance the city’s emergency capabilities in the Cedar Creek area.
The Fayetteville Public Services Department is currently developing the Locks Creek Drainage Improvements Project, identified through the Cape Fear 2 watershed study, which documented flooding concerns. According to the Public Services Engineering Division, this project affects the neighborhoods of Locks Creek, Cedar Falls at Three Lakes, Three Lakes, and Cedar Falls Townhomes. The project aims to address drainage issues in the Locks Creek watershed by constructing a new stormwater pump station and installing larger pipes to enhance drainage and minimize flooding risks. Additional information is available at the following web address: https://www.fayettevillenc.gov/city-services/public-services/engineering/resources/projects/locks-creek-drainage-improvements.
Future Land Use Map and Plan:
The Future Land Use Map & Plan designates this area for Low Density Residential and Office/Institutional development. The Low Density Residential zone is intended primarily for single-family homes with occasional duplexes or townhomes, while the Office/Institutional zone supports medium-intensity nonresidential uses, such as offices and flexible spaces. Multi-family residential, mixed-use, and single-family attached units are permitted by right in the Office and Institutional (OI) zoning district.
Currently, the segment of Cedar Creek Road between L A Dunham Road and I-95 features various commercial enterprises facing the road, with residential areas situated behind them. The proposed zoning districts would allow for two-to-four family and multi-family homes, serving as a transitional zone between commercial areas and single-family homes. This aligns with the plan’s goal of integrating diverse housing types to create dynamic and inclusive communities.
The site is located along a major thoroughfare-Cedar Creek Road (Highways 53 & 210)-which has five lanes of traffic. It is adjacent to and across from existing commercial zoning and uses and is also adjacent to the site of a proposed Fire Station for the City of Fayetteville, enhancing the city’s emergency capabilities in the Cedar Creek area. The location is less than one mile from Interstate 95 and a quarter mile from proposed Highway Commercial development, as outlined in the City’s Land Use Plan. According to a residential suitability map from the City’s Future Land Use Plan, the area has a medium to medium-high rating for residential development.
All new developments must comply with the Unified Development Ordinance's regulations, including stormwater management requirements. The plan specifically advises careful management of development within flood-prone areas. The Fayetteville Public Services Department is currently developing the Locks Creek Drainage Improvements Project, identified through the Cape Fear 2 watershed study, which documented flooding concerns. This project affects the neighborhoods of Locks Creek, Cedar Falls at Three Lakes, Three Lakes, and Cedar Falls Townhomes. It aims to address drainage issues by constructing a new stormwater pump station and installing larger pipes to enhance drainage and minimize flooding risks.
The Technical Review Committee (TRC) plays a crucial role in assessing development proposals for floodplain considerations and ensuring adherence to floodplain management ordinances. The TRC evaluates site plans, provides feedback, and approves projects that meet all necessary criteria. Comments from the TRC meeting are included as an attachment in the initial map amendment report for these properties, with no major concerns or issues reported by the committee.
If the Council rejects the annexation requests, the properties could still be developed without the City of Fayetteville’s oversight or input, potentially forfeiting tax revenue and development and permitting fees. According to the Public Works Commission Charter, the City Council shall not require any individual, group, or developer to request annexation of its property by the City to receive water service from a water system managed by the Commission.
The Future Land Use Plan’s Land Use Policies and Strategies section emphasizes strategic, compatible growth. It encourages development in areas well-served by infrastructure and urban services, including roads, utilities, parks, schools, police, fire, and emergency services. It also requires adequate infrastructure to be in place prior to or in tandem with new development, including roads, turn lanes, and sidewalks, as well as public services such as parks, schools, water/sewer, police, fire, and emergency services.
The plan also promotes safe, stable, and attractive neighborhoods, encouraging development standards that result in quality neighborhoods and a mix of housing types for all ages and incomes. It allows a mix of housing, including attached and multi-family homes, to create diverse neighborhoods, especially within and near downtown and designated Regional, Community, and Neighborhood Centers.
According to the City’s recent Strategic Plans, revitalization and affordable housing have been specified as Targets for Action. Fayetteville faces a well-documented housing shortage; a study by the Triangle J Council of Governments estimated that 20,000 new residential units were needed to meet Fayetteville’s housing needs in 2021.
According to North Carolina General Statutes, comprehensive and land use plans adopted under Chapter 160D are advisory in nature without independent regulatory effect. However, if a local government wants to enforce zoning, it must have and maintain a comprehensive or land-use plan. This plan must be reasonably maintained and revised approximately every five years or on an ongoing basis in growing communities. Fayetteville’s Future Land Use Plan was adopted in May of 2020.
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 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 June 24, 2024.
Options:
1. Adopt the annexation ordinance with an effective date of June 24, 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 June 24, 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