TO: Mayor and Members of City Council
THRU: Kelly Olivera, ACM
Dr. Gerald Newton, AICP - Development Services Director
FROM: Will Deaton, AICP, CFM, CZO - Planning and Zoning Division Manager
Demetrios Moutos, Planner I
DATE: November 25, 2024
RE:
Title
AX24-04: Kodjo Sam Kouassi, the owner of the property in question and Sam’s Towing, is requesting to annex a contiguous parcel of land into the City of Fayetteville corporate limits. This parcel encompasses approximately 2.53 acres and is situated on the northern side of Cumberland Road at 3424 Cumberland Road. It can be further identified by PIN: 0426-01-5026 and REID: 0426015026000.
end
COUNCIL DISTRICT(S):
Council District(s)
Prospective Council District: 5 - Lynne Greene
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:
Kodjo Sam Kouassi is petitioning for annexation into the corporate limits of the City of Fayetteville. They propose to initially zone one parcel, comprising approximately 2.53 ± acres, as Heavy Industrial (HI). This parcel is located on the northern side of Cumberland Road between Hopedale Street and Ladyslipper Drive at 3424 Cumberland Road and can be further identified by PIN: 0426-01-5026, and REID: 0426015026000.
The initial zoning for this annexation was discussed during the September 10, 2024 Zoning Commission meeting. Speakers favoring the rezoning included David Holmes, who stated that the expansion is necessary for Sam’s Towing to provide more storage space to accommodate additional cars. Kodjo Kouassi explained that the wrecker service seeks to expand its operations in compliance with city ordinances to provide truck parking. Herbert Townes, a representative from Nationwide Insurance, voiced his support for the owner’s adherence to city regulations and noted that the property was purchased a decade ago to expand the business. Daniel Barron, a long-time company associate, emphasized the business’s positive impact on the community, including job creation and cleaning up the area.
On the opposing side, Hernandez Carlos raised concerns about increased property taxes, noting a 17% rise this year, and questioned the benefits of the development for residents. He expressed skepticism about the broader economic impacts, suggesting that business expansions could worsen inequality. During the discussion Mr. McCorquodale reviewed the map and sought clarification on the parcels involved, which Mr. Moutos confirmed consisted of two distinct parcels. He explained that rezoning to Heavy Industrial (HI) would prevent the property from being classified as nonconforming and highlighted additional stipulations under the HI zoning classification. Inquiries about tax implications were made, with Mr. Moutos noting potential impacts but deferring to tax experts for specifics. He also clarified that the property is currently zoned as Community Commercial (CC), and any expansion on the CC-zoned portion would require a special use permit.
The motion to approve case P24-37, based on the consistency and reasonableness statement provided by the staff, was made by Pavan Patel, seconded by Tyrone Simon, and passed unanimously (3-0).
Background:
Historical Background:
The deed documents the transfer of real property from Carrie Lynn McBride Moody and Timothy Brandon Holst, Co-Trustees of the Charles La-Fate McBride Trust, established on August 17, 2018, to Kodjo Sam Kouassi. The property in question is identified explicitly as Lot 10 in Ellington Pines, located in Cumberland County, North Carolina, and includes detailed boundary descriptions and references to previous deeds and recordings.
This transfer is carried out through a General Warranty Deed, a legal document in which the grantors affirm that they hold clear title to the property, have the authority to transfer it and guarantee that the property is free from any encumbrances except those explicitly stated in the deed.
The deed also includes standard legal covenants requiring the grantors to defend the title against valid claims. Additionally, the deed specifies an exception related to a parcel previously conveyed to the Department of Transportation.
The grantors have signed the deed, which has been properly notarized by authorized notaries in North Carolina, ensuring its validity.
Surrounding Environment:
The surrounding area mainly consists of single-family homes and some more intense commercial uses. To the west of the subject property, a mixed-use site includes auto storage, tire sales, and an auto mechanic. The subject property extends 1,163.6 feet in depth, with its rear boundary adjacent to the Pine Acres single-family residential subdivision. B’s All About Children Childcare Center is next to the mixed-use auto property at the corner of Cumberland Road and Ladyslipper Drive. Directly across from the childcare center are an antique thrift store and Cumberland County Boys and Girls Clubs.
The property at 3404 Cumberland Road, owned by Mr. Kouassi, was the subject of a rezoning request in early 2022. This property serves as the primary location for Sam’s Towing. It was rezoned to Community Commercial (CC) to align with existing county zoning, support strategic development goals, and ensure compatibility with surrounding land uses as part of the annexation process. At the Zoning Commission meeting, the rezoning faced no opposition, with one speaker in favor, and the Commission approved the request unanimously with a vote of 5-0.
Future Land Use Map and Plan:
The Future Land Use Map and Plan designates the area for Medium-Density Residential and Employment Center development. Medium-density residential includes single-family neighborhoods with small lots, duplexes, townhomes, and possible low-rise apartments. The Employment Center is aimed at high-intensity non-residential uses and regional employment hubs, potentially housing extensive industrial facilities or business parks.
The proposed development aligns with the 2040 Future Land Use Plan, specifically Goal #1 (investing around infrastructure) and Goal #4 (fostering safe, attractive neighborhoods).
Key criteria from the Land Use Policies relevant to this rezoning request include:
LUP 1: Growth in areas with adequate infrastructure.
LUP 3: Redevelopment in underutilized commercial corridors.
LUP 4: Creating well-designed, walkable districts.
LUP 6: Promoting quality neighborhood standards.
Conclusion:
The request to rezone and annex the 2.53-acre parcel at 3424 Cumberland Road from Residential 6 (R6A) to Heavy Industrial (HI) is reasonable and aligns with Fayetteville’s growth objectives. While the Future Land Use Map suggests medium-density residential and employment center uses, the rezoning to HI is consistent with the surrounding industrial and commercial characteristics.
The proximity to existing industrial uses - such as auto storage and tire sales - supports this rezoning, which will help maintain a diverse tax base and promote regional economic growth. Given the area’s existing industrial context, the proposal is unlikely to introduce significant adverse impacts and aligns with the goals of the City’s Land Use Plan for redevelopment and strategic investment.
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 October 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 parcel and conforms to the dimensional standards of lots within the Heavy Industrial 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. The expected effective date of this ordinance is November 25, 2024.
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 November 25, 2024.
Options:
1. Adopt the annexation ordinance with an effective date of November 25, 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 November 25, 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