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, CZO - Planning and Zoning Division Manager
DATE: June 27, 2022
RE:
Title
AX22-001: Annexation area located along the southern side of King and Rockfish Roads, across from Lakewood Drive. Consisting of eight parcels and approximately 16.47 acres and being the property of Phillip Smith, Frances Ferguson, Albert Kelly, II, Betty Norton, and George Myers. Case related to P22-02, Initial Zoning.
end
COUNCIL DISTRICT(S):
Council District(s)
6 - Christopher Davis
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 owners of the eight (8) parcels have submitted petitions requesting annexation of 16.47 acres ± on the southern side of Rockfish and King Roads, adjacent to Jack Britt High School and abutting the current City Limit line. Draft plans for a commercial development were submitted to the City in January 2022; plans were also submitted along with the Initial Zoning application since a Conditional Zoning is being requested.
The applicant has requested an initial zoning of the area to LC Limited Commercial/CZ Conditional Zoning. The Zoning Commission recommended approval of the zoning and conditions as requested on May 10, 2022.
Professional Planning Staff recommends approval of the annexation and initial zoning request. Staff also recommended approval of Conditions associated with the initial zoning to LC/CZ.
Background:
The properties, which are located within the City’s Municipal Influence Area (MIA), are contiguous to the City. (See Vicinity Map and Legal Description Map, attached.)
A developer would like to construct a multi-use neighborhood shopping center. The center would be anchored by a name brand grocery store, with connected small retail space, and approximately three outparcels, with required open spaces.
See the attached Basic Information Sheet for more information about the property.
On May 10, 2022, the Zoning Commission held a public hearing to review the initial zoning request for the property (P22-02). The Zoning Commission recommended approval of the initial zoning to LC Limited Commercial/CZ Conditional Zoning, per the applicant’s request.
Issues/Analysis:
Sufficiency: The City’s Real Estate Staff has found the annexation petitions to be sufficient. (See Sufficiency Memo, attached.)
Compliance with Annexation Standard: The one standard that must be met is that the area must be contiguous. This property meets that standard.
Effective Date: Pursuant to the General Statutes, the annexation ordinance may be made effective immediately, or on June 30th after the date of passage of the ordinance. The recommended effective date is June 27, 2022.
Compliance with City Development Standards: If the property is annexed, the property must be developed in compliance with City development standards. The developer has submitted draft plans to the City, it is expected and required that additional plans be submitted to the City prior to development. 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 June 27, 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. Do not adopt the Annexation Ordinance. This option means the property would remain outside the City, and the initial zoning would not occur. However, the property could still be developed outside the City Limits.
4. Table action on the requested annexation.
Recommended Action:
Planning Staff recommends Option 1: Adopt the proposed ordinance annexing the area effective June 27, 2022, and establish the initial zoning consistent with the Zoning Commission recommendation.
Attachments:
1. Appendix A - Summary of Services, Costs, and Revenues
2. Maps Items 2 - 9
3. Basic Information Sheet
4. Sufficiency Memos 11 - 16
5. Proposed Annexation Ordinance