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: June 24, 2024
RE:
Title
AX24-01: Judd Brook 6, LLC is petitioning to annex into the corporate limits of the City of Fayetteville one non-contiguous parcels totaling 3.51 ± acres. This parcel is located north of NC HWY 24 on the corner of Whitehead Road and NC HWY 24 at 2246 Angelia M Street and can be further identified by PIN #: 0447-92-7785, and REID #: 0447927785000.
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:
The City of Fayetteville is considering the annexation of the Bobcat Facility (AX24-01), a 3.51-acre property located north of NC HWY 24 on the corner of Whitehead Road. Currently zoned for planned industrial use in Cumberland County, the applicant, Judd Brook 6, LLC, seeks annexation to establish connections to City water and sewer services and facilitate business expansion.
Currently, the Bobcat Facility operates with private water and sewer service and public electrical service. The applicant proposes to construct a new building for a light construction equipment dealership and develop the site with parking areas, stormwater management features, and utility extensions.
Annexation would benefit the City by bringing a new customer for PWC water and sewer services, potentially increasing revenue. Emergency response will be provided from the City of Fayetteville fire station #1, located at 607 Person St. While this is a non-contiguous annexation, the proposal aligns with the City’s future land use plans for the area (Employment Center) and wouldn’t negatively impact environmentally sensitive areas. Overall, Staff believes that annexing the Bobcat Facility will be advantageous for both the business and the City.
At a legislative hearing held on May 14, 2024, the Zoning Commission unanimously voted (5-0) in favor of recommending approval for the proposed map amendment related to this annexation.
Background:
Historical Background:
Owned by Judd Brook 6, LLC, the parcel has been used for industrial purposes since at least 1982, based on aerial imagery. Currently, the only structure on the site is a pre-engineered steel frame building built in 1981. Judd Brook 6, LLC purchased the property from the Brantleys in December 2020.
Current Conditions:
• Land Use: The property operates as a sales and service facility for Bobcat equipment. There are no residential units on-site.
• Water and Sewer: The Bobcat Facility currently relies on private water and sewer service.
• Electrical Service: The property has access to public electrical service.
• Real Property Value: The current estimated value of the property is $233,457.
Surrounding Environment
Across Whitehead Road is a landscaping contractor’s office with material storage. At the intersection of Whitehead Road and Angelia M Street, there is a residential property. Further along Angelia M Street, at 2239 Angelia M Street, there appears to be an industrial facility, with a vehicle maintenance facility adjacent to the west. The subject property is currently used for bobcat equipment sales and service.
Future Land Use Map and Plan
This proposed annexation aligns strategically with the city’s comprehensive plan and goals for responsive governance and sustainable economic growth. This request supports a diverse tax base, fosters a favorable economic climate, and manages the city’s future growth in accordance with the Strategic Operating Plan. The current land use complements the surrounding mix of rural residential, industrial, and commercial areas.
Strategically located adjacent to NC HWY 24 and approximately 1.68 miles from I-95, the subject property benefits from excellent connectivity and accessibility. This proximity to major transportation routes is crucial for business operations, facilitating efficient logistics and transportation, and is advantageous for attracting further industrial and commercial investments to the area. The proposed annexation is consistent with the 2040 Comprehensive Plan, which designates the region as an Industrial/Employment Center (EC), and fits this vision for high-intensity nonresidential uses. The proposed annexation is a logical and strategic move that promotes a well-integrated industrial area, enhancing the city’s economic infrastructure and long-term vision.
According to the 2040 Future Land Use Plan, this proposed development aligns with several key goals: Goal #1 - Focus value and investments around infrastructure and strategic nodes, Goal #2 - Promote compatible economic and commercial development in key identified areas, and Goal #4 - Foster safe, stable, and attractive neighborhoods.
Under the plan’s Land Use Policies and Strategies section, the proposed development is supported by the following:
• LU-1: Encourage growth in areas well-served by infrastructure and urban services, including roads, utilities, parks, schools, police, fire, and emergency services.
• 1.4: Require annexation and adherence to development standards for any development proposal within the City’s Municipal Influence Area (MIA) if city services are to be provided.
• LU-2: Encourage Strategic Economic Development
• 2.1: Promote economic development in designated areas, including Downtown Office/Institutional Areas, Industrial/Employment Areas, Regional and Community Centers, and Highway Commercial Areas.
• LU-4: Create well-designed and walkable commercial and mixed-use districts.
• 4.1: Ensure new development meets basic site design standards, including connected streets, entrances, and parking lots; sidewalks and pedestrian pathways; high-quality building materials; landscaping, shade, and street trees; perimeter buffers; low-level parking lot screening; and stormwater retention and infiltration.
• 4.2: Encourage context-sensitive site design, making commercial and mixed-use areas walkable with pedestrian connections between uses and buildings. Buildings should be located close to the street, especially near key intersections, with parking to the side or behind the buildings. Require short block lengths (maximum 400 to 600 feet) and connections to adjacent development (e.g., crosswalks).
• LU-5: Improve Gateways
• 5.1: Continue to require perimeter landscaping and planting islands in significant renovations and redevelopment along commercial corridors. Avoid approving exceptions during rezoning for small properties to prevent stalling incremental improvement and potential harm to adjacent properties and future development.
• LU-10: Support land use, site design, and capital improvement initiatives that increase resiliency and reduce impacts from flooding and natural disasters.
• 10.1: Encourage on-site stormwater control measures that mimic pre-development conditions, limit impacts on adjacent properties, reduce stormwater runoff rates to avoid stream bank erosion, and promote groundwater recharge.
This comprehensive approach ensures the proposed development not only aligns with the city's long-term vision but also promotes sustainable and strategic growth, enhancing the overall quality of life in the community.
Issues/Analysis:
Compliance with North Carolina General Statute §160A-58.1 Petition for annexation; standards.
On January 10, 2024, the Real Estate Department determined the annexation petition to be sufficient (see the attached memorandum). The petitioner’s application also meets the requirements for non-contiguous annexation as established by North Carolina General Statute §160A-58.1.
Compliance with the Development Standards of the UDO
The site features a pre-engineered steel frame building along with gravel and asphalt areas for parking and vehicle movement. The parcel and structure comply with the dimensional standards of the Light Industrial (LI) zoning district. Any future development will adhere to the standards specified in the Unified Development Ordinance, enforced through site and building plan reviews.
Technical Review Committee (TRC) Comments
The following are the most recent comments regarding the proposed development of the subject property, as discussed in the June 12, 2024 TRC meeting:
1. Fire
a. General Requirements:
i. Fire hydrants must be within 400 feet of all parts of the building, or 600 feet if the building has a sprinkler system. If these distances cannot be met, new hydrants must be installed.
ii. The Fire Department Connection (FDC) location must be away from the building and approved by the Fire Department. All water lines, control valves, and service points must be detailed in the plans.
iii. Gated areas require a Knox box for emergency vehicle access.
iv. Developments must comply with the Fire Flow requirements of Appendix B of the NC Fire Code. Fire flow tests can be requested from the Public Works Commission (PWC).
v. New buildings must have approved radio coverage for emergency responders.
b. Current Status:
i. Proposed fire hydrant location provided, no FDC needed as the building will not be sprinklered, fire flow test performed and analysis pending.
2. Planning
a. General Comments:
i. Rezoning is required.
ii. Street address numbers must be posted before construction begins.
iii. Development must adhere to approved site plans, and any revisions require resubmission.
iv. Sidewalks with handicap ramps and striping are required.
v. An exterior lighting plan with full cut-off fixtures is needed for final site plan approval.
vi. Coordination with PWC for landscaping and lighting plans to avoid easement conflicts.
b. Open Space Requirements:
i. Commercial sites over one acre must dedicate 10% of the site as open space, with 50% of it being usable for active or passive amenities. Payment-in-lieu is available for the remaining required open space.
c. Current Status:
i. Rezoning approved, lighting and landscaping plans still needed, open space requirements noted.
3. Zoning
a. General Comments:
i. Parking must be provided according to the code, based on building square footage.
ii. Heavy equipment sales, rental, or storage require specific parking ratios.
iii. Signage requires proper permits and must not conflict with landscaping.
iv. All developments must comply with flood damage prevention ordinances.
v. No certificate of occupancy will be issued until zoning compliance is verified.
b. Current Status:
i. Parking, signage, and compliance with zoning standards in progress.
4. Engineering
a. General Comments:
i. An infrastructure permit is required.
ii. Stormwater management facilities must limit peak discharge rates.
iii. Erosion control permits are required for sites over one acre.
b. Current Status:
i. Infrastructure permit application submitted and under review.
5. Public Works Commission (PWC)
a. General Comments:
i. Separate submission to PWC for review and approval required.
ii. Water and sewer mains must be extended according to PWC policies.
iii. Landscaping plans must avoid conflicts with utility easements.
iv. A fire hydrant flow test may be required, with a $500 fee.
v. Electrical service plans must be coordinated with PWC.
b. Current Status:
i. Submission to PWC pending plan readiness.
6. Special Project Coordinator
a. General Comments:
i. The Development Service Ombudsman Manager is available for assistance with development projects.
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 refer to the attached Appendix A for a summary of the financial impact of service provision and the projected tax revenue the City will receive from the annexation. The figures assume an annexation date of June 24, 2024.
Options:
1. Adopt the annexation ordinance with an effective date of June 24, 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, 2024, 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 for further review and discussion.
Recommended Action:
The Profession Planning Staff recommends Option 1, which involves the Council adopting the proposed ordinance to annex the parcel with an effective date of June 24, 2024, and establishing the initial zoning consistent with previous Council actions.
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 PowerPoint