TO: Mayor and Members of City Council
THRU: Telly C. Whitfield, Ph.D. - Assistant City Manager
Dr. Gerald Newton, AICP - Development Services Director
Jennifer C Baptiste, CZO - Planning and Zoning Division Manager
FROM: Jennifer C Baptiste - Planning and Zoning Division Manager
DATE: March 28, 2022
RE:
Title
AX22-02: Annexation request located at 3404 Cumberland Road of one parcel (REID: 0426007605000), consisting of 0.47 ± acres and being the property of Kodjo Sam Kouassi; related to P22-04: Initial Zoning.
end
COUNCIL DISTRICT(S):
Council District(s)
5 - Johnny Dawkins
b
Relationship To Strategic Plan:
Strategic Operating Plan FY 2022
Goals 2027
Goal 2: Responsible City Government Supporting a Diverse and Viable Economy
• Objective 2.1: Ensure a diverse City tax base
Goal 3: City Investment in Today and Tomorrow
• Objective 3.2 - Manage the City's future growth and strategic land use
Goal 4: Desirable Place to Live, Work, and Recreate
• Objective 4.5 - Ensure a place for people to live in great neighborhoods
Executive Summary:
The applicant, Kodjo Sam Kouassi, submitted a petition requesting annexation of 0.47 acres ± on the northern side of Cumberland Road approximately 91 feet from the current City Limit line. This would be a satellite annexations consisting of one parcel, the applicant has submitted plans to the City’s Technical Review Committee (TRC). The site is developed and is the location of Sam’s Towing. The applicant is requesting annexation due to desire to be placed on the City of Fayetteville Police department Wrecker Rotation.
The applicant has requested an initial zoning of the area to Community Commercial (CC). The Zoning Commission recommended approval of the zoning request on February 8, 2022.
Professional Planning Staff recommends approval of the annexation and initial zoning request.
Background:
The subject property is owned by Kodjo Sam Kouassi. The annexation request is for the property addressed as 3404 Cumberland Road (REID: 0426007605000), located on the norther side of Cumberland Road. The property, which is located within the City’s Municipal Influence Area (MIA), is not contiguous to the City. (See Vicinity Map and Legal Description Map, attached.)
The applicant’s does not have additional development plans for the location as the site is an existing business location.
See the attached Basic Information Sheet for more information about the property and the future project.
On February 8, 2022, the Zoning Commission held public hearing to review the initial zoning request for the property (P22-04). The Zoning Commission recommended approval of the initial zoning to Community Commercial (CC), per the applicant’s request.
Issues/Analysis:
Sufficiency: The City’s Real Estate Staff has found the annexation petition to be sufficient. (See Sufficiency Memo, attached.)
Compliance with Annexation Standard: Pursuant to the General Statutes, there are five standards that a satellite annexation area must meet in order to be annexed. (N.C.G.S. 160A-58.1(b)). This property meets the five standards, as shown in the attached Proposed Ordinance.
Effective Date: Pursuant to the General Statutes, the annexation ordinance may be made effective immediately, or on July 30th after the date of passage of the ordinance, or on the July 30, 2023 after the date of passage of the ordinance. (N.C.G.S. 160A-31). Staff recommends an effective date of March 28, 2022.
Compliance with City Development Standards: If the property is annexed, the property must be developed in compliance with City development standards. The owner/developer has already submitted plans through the City’s TRC process, in anticipation of the property being annexed and initially zoned as requested. The TRC review process ensures that the future development will comply with City standards.
Financial Impact of Annexation on the Property Owners: If the property is annexed, the property tax costs to the owners will increase, due to application of the City tax rate. However, this increase will be reduced by the elimination of certain taxes (such as the County fire district tax and the County recreation tax).
As the property is developed, the owners will be subject to City property taxes, but the owners will also receive City services.
Services: City operating departments and PWC divisions have reviewed the proposed annexation, and they should be able to serve the property. (Appendix A, attached, provides a summary of services, costs, and revenues, as reported by City departments and PWC).
Budget Impact:
Based on the projected costs and revenues, the annexation of the property should yield a positive impact for the City, particularly after the property has been fully assessed.
Options:
1. Adopt the Annexation Ordinance with an effective date of March 28, 2022, and include approval of the final action consistent with the recommendation of the Zoning Commission.
2. Adopt the Annexation Ordinance with an effective date of July 30, 2022, and include approval of the final action consistent with the recommendation of the Zoning Commission.
3. Adopt the Annexation Ordinance with an effective date of July 30, 2023, and include approval of the final action consistent with the recommendation of the Zoning Commission.
4. Do not adopt the Annexation Ordinance. This option means the property would remain outside the City, and the initial zoning would not occur.
5. Table action on the requested annexation.
Recommended Action:
Planning Staff recommends Option 1: Adopt the proposed ordinance annexing the area effective March 28, 2022, and establish the initial zoning consistent with the Zoning Commission recommendation.
Attachments:
1. Appendix A - Summary of Services, Costs, and Revenues
2. Legal Description Map
3. Vicinity Map
4. Basic Information Sheet
5. Sufficiency Memo
6. Proposed Annexation Ordinance