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: September 23, 2024
RE:
Title
AX24-03: 3 Happy Campers, LLC is petitioning to annex into the corporate limits of the City of Fayetteville one non-contiguous parcel totaling 2.97 ± acres. This parcel is located on the northern side of Clinton Road at 3895 Clinton Road, and can be further identified by PIN: 0466-37-9825, and REID: 0466379825000.
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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
• Objective 2.4 - To sustain a favorable development climate to encourage business growth.
Goal III: City Invested in Today and Tomorrow
• Objective 3.2 - To manage the City’s future growth and strategic land use
Executive Summary:
3 Happy Campers LLC is petitioning for annexation into the corporate limits of the City of Fayetteville. They propose to initially zone one parcel, comprising approximately 2.97 ± acres, as Community Commercial (CC). This parcel is located on the northern side of Clinton Road between Bladen Circle and Burlington Drive at 3895 Clinton Road and can be further identified by PIN: 0466-37-9825, and REID: 0466379825000.
The initial zoning for this annexation was discussed during the June 11, 2024 Zoning Commission meeting. Bart McClain, the project engineer, explained that the owners plan to develop a self-storage facility on the property. Following a brief discussion, the Zoning Commission voted unanimously (4-0) to approve the rezoning request, based on the Consistency and Reasonableness Statement presented by City Staff.
Background:
Historical Background:
On August 29, 2023, a Quitclaim Deed was recorded, transferring three parcels of land in Eastover Township, Cumberland County, from RK3, LLC to 3 Happy Campers, LLC. The 2.97-acre property at 3895 Clinton Road was sold for a nominal amount of one dollar. The deed describes the three parcels and references prior acquisitions through general and non-warranty deeds. Recombination plat 0110, 0092 was certified on November 25, 2003.
According to aerial images, small structures existed on the property between 1968 and 2008, but between 2010 and 2013, the land was cleared, and all buildings were removed. The property has remained vacant since then.
Surrounding Environment:
The subject property, situated on the north side of Clinton Road near Burlington Drive, is surrounded by a variety of land uses. To the west and south, single-family residential homes create a suburban atmosphere, while a 60-foot private street separates the property from another residential area to the north. On the eastern side, the property adjoins a commercial zone currently used for equipment storage and workshops, reflecting light industrial and commercial activity. This combination of residential and commercial uses indicates a transitional area. Clinton Road, a key arterial road with an annual average daily traffic volume of 6,300 vehicles (as of 2022), provides suitable access for the proposed rezoning to Community Commercial (CC). The property's location near major roadways supports its potential for commercial development and traffic accommodation.
Future Land Use Map and Plan:
As per the Future Land Use Map & Plan, the recommended development for this part of the city is Highway Commercial, which includes high-intensity nonresidential uses such as hotels, gas stations, big-box retail stores, and fast food establishments, typically located near major intersections and highway interchanges. Redevelopment in this area is unlikely to include residential uses and appropriate buffers will be required for adjacent properties. According to the 2040 Future Land Use Plan, this proposed development aligns with Goal #1: Prioritize investment in infrastructure and strategic areas, and Goal #2: Facilitate compatible economic and commercial growth in identified zones.
In the Land Use Policies and Strategies section, this proposal aligns with the following:
- LU-1: Encourage growth in areas with established infrastructure and services.
o 1.4: Require annexation and adherence to standards in the City’s MIA for projects receiving City services.
o 1.6: Ensure adequate infrastructure is in place before or alongside development.
- LU-2: Promote strategic economic development in designated areas.
- LU-4: Foster well-designed, walkable commercial and mixed-use districts.
o 4.1: Ensure developments meet site design standards, including connectivity, quality materials, landscaping, and stormwater management.
o 4.2: Encourage walkable, context-sensitive site designs with pedestrian connections and short blocks.
- LU-6: Support standards that result in quality neighborhoods.
- LU-8: Require preservation of open space and natural features.
- LU-10: Support resilient designs that reduce flooding impacts.
o 10.1: Encourage stormwater measures that mimic pre-development conditions and protect adjacent properties.
The application demonstrates consistency with the City's strategic and compatible growth strategies outlined in the Future Land Use Plan, meeting the plan's objectives as detailed in the attached Consistency and Reasonableness form.
The proposed rezoning and annexation of 3895 Clinton Road from Planned Commercial (C(P)) to Community Commercial (CC) aligns with the goals of the Strategic Operating Plan by fostering a diverse tax base, promoting business expansion, and guiding future land use responsibly. It encourages a logical development pattern that complements surrounding uses, improves accessibility, and supports the comprehensive plan's vision for the area. By facilitating strategic commercial development, the rezoning ensures that Fayetteville remains responsive to community needs while prioritizing sustainable growth.
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 City Clerk on September 10, 2024, as detailed in the attached memorandum. Furthermore, the petitioner has submitted an application that aligns with the requirements for non-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. The parcel and conforms to the dimensional standards of lots within the Community Commercial (CC) zoning district. 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 September 23, 2024.
Options:
1. Adopt the annexation ordinance with an effective date of September 23, 2024, 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, 2025, this option validates the final action taken by Council on the initial zoning;
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 to a specified date 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 September 23, 2024, and establish the initial zoning consistent with prior action taken by Council concerning the map amendment.
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