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: November 27, 2023
RE:
Title
AX23-06: Fulcher Real Estate, LLC and Garret L. Fulcher are petitioning to annex into the corporate limits of the City of Fayetteville three non-contiguous parcels totaling 13.84 ± acres. These parcels are located on the northwestern side of Middle River Loop at 1476, 1446, and 1416 Middle River Loop and can be further identified by PIN #’s: 0447-67-2620, 0447-67-3767, and 0447-68-3174, and REID #’s: 0447672620000, 0447673767000, and 0447683174000.
end
COUNCIL DISTRICT(S):
Council District(s)
Prospective Council District: Shakeyla Ingram
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:
Fulcher Real Estate, LLC is petitioning for annexation into the corporate limits of the City of Fayetteville. They propose to initially zone three parcels, comprising approximately 13.84 acres, as Heavy Industrial (HI). These parcels are located on the northwestern side of Middle River Loop at 1476, 1446, and 1416 Middle River Loop and can be further identified by PIN #’s: 0447-67-2620, 0447-67-3767, and 0447-68-3174, and REID #’s: 0447672620000, 0447673767000, and 0447683174000.
The Zoning Commission conducted a legislative hearing on October 10, 2023. The Zoning Commission unanimously voted (5-0) to recommend the approval of the proposed initial zoning.
Background:
Carolina Power & Signalization was established in 2008. The larger parcel was recombined in May of 2023 and a new deed made in June of 2023. The two smaller parcels came under the ownership of Fulcher Real Estate, LLC in August of 2023. The subject properties are situated amidst a diverse array of adjoining land uses and zoning designations. To the north, the vicinity is characterized by vacant spaces and single-family homes, with zoning encompassing M(P), A1, and R40A designations. In contrast, to the south, the landscape is dominated by the Middle River Loop and the I-95 Business South on-ramp. Towards the east, the surrounding area remains vacant, primarily falling under the A1 zoning classification. Finally, the western border is adjacent to Kubota, an entity zoned as Heavy Industrial (HI). This amalgamation of land uses and zoning designations in the immediate vicinity highlights the varied nature of the area's development.
According to the Future Land Use Map, these parcels have been designated for development featuring "High intensity nonresidential uses with high impact or likelihood for nuisance and regional employment centers including larger industrial uses or business parks." This falls under the Industrial/Employment Center (EC) designation. The Heavy Industrial (HI) district allows for uses that fit within this category of land uses.
The Public Services Department states that the site does not meet the requirements for exceptions to constructing sidewalks (30.5.F.9), however the argument can be made that this development has unique site conditions which would allow for the City Manager to approve the payment in-lieu option (30.5.9.c.4). Per the UDO, the appropriate course of action would be for the developer to request payment in-lieu of constructing any required sidewalks (per email from Byron Reeves 11/17/2023).
The applicant has reached out to PWC asking to waive fees for main extension. We have no additional updates as of this date.
Attached to this report is a Basic Information Sheet summarizing the site’s existing conditions and required development conditions.
Issues/Analysis:
Compliance with North Carolina General Statute §160A-58.1 Petition for annexation; standards.
A determination of petition sufficiency was made by the Real Estate Department on September 21, 2023. Please see attached memorandum. Additionally, the petitioner submitted an application that meets the standards for non-contiguous annexation as outlined by GS §160A-58.1.
Compliance with Development Standards of the UDO
The site is currently developed with a pre-engineered steel frame building and gravel/asphalt parking and vehicular movement areas. The parcels and structures are conforming to the dimensional standards of lots within the Heavy Industrial (HI) zoning district. All future development will be subject to the standards set forth 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 November 27, 2023.
Options:
1. Adopt the annexation ordinance with an effective date of November 27, 2023, 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:
Staff recommends Option 1 that the Council move to adopt the proposed ordinance annexing the parcel with an effective date of November 27, 2023 and establish the initial zoning consistent with prior action taken by council concerning the initial zoning.
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