TO: Mayor and Members of City Council
THRU: Jay Reinstein, Assistant City Manager
FROM: Gerald Newton, AICP - Development Services Director
Taurus Freeman, Planning & Zoning Manager
Michael Martin, Assistant Development Services Director
Marsha Bryant, Development Liaison
Craig Harmon, AICP - Senior Planner
David Nash, AICP - Senior Planner
Sharon Williams, AICP - Senior Planner
DATE: October 22, 2018
RE:
Title
Consideration of a Petition of Annexation from Broadwell Land Company
end
COUNCIL DISTRICT(S):
Council District(s)
Adjacent to District 1
b
Relationship To Strategic Plan:
• Goal III: Objective A - Manage the City future growth and support strategic land use policy by supporting quality development.
• Goal IV: Objective B - Provide for a clean and beautiful community with increased green spaces.
Executive Summary:
The Broadwell Land Company has petitioned for annexation of 254-acres, located approximately three (3) miles north of the current city limits. The projected time frame for development spans 20-years.
The property is located within the City’s Municipal Influence Area (MIA) and is the northern most property in the area. The property and the MIA boundaries are one in the same. The MIA is an area around the city limits that has been identified as land that when developed should be considered for annexation. The area north of this property, across from Elliot Bridge Road is located within Spring Lakes MIA.
Background:
The Development Agreement is for 254-acres of vacant property located on the western side of Ramsey Street and south of Elliot Bridge and Elliot Farm roads. The owners, Broadwell Land Company, proposes a 254-acre mixed-use development that consist of: approximately 133-acres for 350 single-family residential units; 37 acres for 350 multi-family residential units; 24-acres for commercial development and approximately 58-acres for green space/open space area.
In September 2015, a development plan and rezoning to MU/CZ (Mixed Use/Conditional Zoning) was approved by the Cumberland County Planning Department and the Cumberland County Board of Commissioners. At that time, the developer planned to obtain water and sewer from Harnett County.
After multiple meetings between the City, PWC management and the developer, a proposed development agreement was created by the developer. Broadwell Land Company agreed to petition for annexation into the City and develop in accordance with the plan and the conditions already established by Cumberland County as well as City standards to include the UDO and stormwater regulations.
If the Development Agreement and the Annexation is approved, the property will be initially zoned. Staff is recommending to zone the property to the same zoning that was approved by Cumberland County in 2015, MU/CZ (Mixed-Use/Conditional Zoning) and to accept the conditions that were approved by Cumberland County.
These conditions would be in addition to all applicable City regulations. The mixed-use plan has been preliminary reviewed by the City’s Technical Review Committee (TRC) to ensure compliance. The developer will be required to formally submit plans to the City for review and approval prior to the issuance of City building permits
On September 11, 2018, the Zoning Commission held an initial zoning public hearing for this area. The Zoning Commission voted to recommend approval of the initial zoning to Mixed Use/Conditional Zoning, if the area is annexed.
On September 25, 2018, the Planning Commission discussed the Development Agreement and voted to recommend approval of the agreement as presented.
Issues/Analysis:
LAND USE
The property under consideration for voluntary annexation has already been through the process of creating an approved project that is captured and protected with a development agreement. As such, the land use discussion is not one of if the project belongs or should be zoned in at this location. The issue is if the development will be in the City of Fayetteville or remain in the unincorporated Cumberland County area that lies within the City’s Municipal Influence Area (MIA).
One land use plan was put in place by Cumberland County. The plan is presented below. A second regional plan is also related to the project. Each are presented to share as background. The most significant point, however, is the zoning already exists and is being asked to match to the full equivalent within the city’s regulations. Here is the summary of earlier plans that cover the project.
North Central Cumberland Area Detailed Land Use Plan 2011
The North Central Cumberland Area Detailed Land Use Plan 2011 was part of a continuing effort by the Cumberland County Joint Planning Board to provide detailed land use plans throughout the County. This Plan encompasses the northern portion of the County.
The I-295 Corridor, Base Realignment and Closure (BRAC), and general growth will create new opportunities for economic development in this area. It is imperative that these new economic opportunities be accommodated in harmony with and maintain the unique character of the area, preserve and protect natural resources, protect farming, provide adequate land and locations for commercial activities, and is developed in a manner that’s economical and efficient for the provision of public services.
North Central Cumberland Area Detailed Land Use Plan Analysis
This plan was developed prior to the County rezoning the properties in question. The Study Area for this plan was defined by Harnett County on the north, the Cape Fear River to the east, the Spring Lake Study Area and the Fort Bragg Reservation to the west; and Carvers Creek, Bethune Drive and Wolfpoint Drive (the northern boundary of the North Fayetteville Study) to the south. It contains approximately 3,677 parcels within 33,468 acres.
Most of the area is rural in nature with more dense development in the southern portion, as well as in the East Reeves Bridge Road - Palestine Road - Ramsey Street triangle. Most of the Area east of Ramsey Street and south of McBryde Street has a slope of less than 10% (relatively flat terrain); while the area north of Palestine Road, west of Ramsey Street, and along the Cape Fear River bluffs have a slope greater that 10-percent.
Future Growth Pattern
While the North Central Cumberland Area Land Use Plan recommends for these properties to be used for low-density residential and commercial, the more recent action (2015) by the County to rezone this area for a mixed use development that includes, single family, multi-family and commercial uses effectively amended this land use plan. Therefore, the land use plan for the area under consideration for review is the concept plan that was approved by through the County rezoning.
This change concurs with the recently released Joint Land Use Study from the Regional Land Use Advisory Commission (RLUAC), which indicates that this area of Cumberland County is suitable for urban development. The larger concept here is one of creating a node for development in this area. It is a sound planning and development practice. Since the area is also within the City’s MIA, it becomes consistent with the intent of the MIA of the city.
Regional Land Use Advisory Commission
An examination of the specific development request was reviewed by the Regional Land Use Advisory Commission (RLUAC) staff and Board of Directors. Though their findings are non-binding for the Cumberland County or the City of Fayetteville, the RLUAC Board of Directors stated the following:
• This property falls within a mile of at least two active Red-Cockaded Woodpecker (RCW) clusters. (The bird is protected by the Endangered Species Act. A cavity study was performed by the applicant in 2015, which stated no colonies existed on the requested properties.)
• The request involves parcels that are largely identified as suitable for urban development on the Joint Land Use Study maps. However, there appears to be a stream or floodway extending through several of the lots that is identified as highest suitability for ‘natural values’ and high suitability for ‘forests’.
• A small portion of the area is contained within a military aircraft noise zone (65 decibels) and most of it is included in a military aircraft 1,000-foot flight limit area. It is recommended to use construction measures to minimize the noise. Height restrictions also apply.
The conclusions offered from RLUAC are incorporated into the understanding and design of the project being considered for annexation.
MUNICIPAL SERVICES
Water & Sewer Requirement
City Policy 150.2 Public Works Commission, Provision of Water and Sewer to Municipal Influence Area (MIA) indicates that property must be annexed into the city limits before sewer service can be provided or expanded. Earlier actions of the City Council reaffirmed this city policy. Again, the issue then becomes one of approving the annexation and the provision of public water and sewer services by PWC or not approving the annexation (and related actions) which does not stop the project from developing. Instead, not annexing sets in place the other option of the developer to receive utilities from another available public source.
Sewer
According to the Fayetteville Public Works Commission (PWC) Master Plan, the utility provider intentions were to provide sanitary sewer north along Ramsey Street. Currently, the project is underway to extend approximately 13,800 linear-feet of 18-inch sanitary sewer main from the existing Carver’s Creek outfall near Goodyear Tire & Rubber to a point south of Elliot Bridge Road. It is estimated that construction of the portion of this sanitary sewer main extension that would serve this property will be completed by the end of summer 2019. The Developer would then install necessary sewer extension(s)/lateral(s) within their development from this PWC sanitary sewer main extension to serve the property. A Letter of Intent has been submitted by PWC to the applicant. This letter of intent has been signed by the developer.
Water
The Public Works Commission has a project underway to construct water system improvements along Highway 401 North to begin at a termination point of the existing 16-inch transmission main near the intersection of Ramsey Street (US Hwy 401 N) and Bienville Drive and extending north to the intersection and then west along Elliot Bridge Road.
The project will include 10,000 feet of water main improvements, a booster pump station, and an elevated tank. It is estimated that construction of the water main improvements and booster pump station will be completed by end of summer 2019.
The elevated tank will not be completed until there is sufficient development in the area to equate to a demand of 100,000 gallons per day (gpd). (This is approximately 500 dwelling units and no commercial or an equivalent mix.) This is needed to prevent stagnation of the water supply stored in the tank due to insufficient daily turnover.
The developer is responsible to install necessary water extension(s)/lateral(s) within the development from these PWC water system improvements to serve the property.
The available fire-flow at 20 pounds per square inch (psi) residual during the initial phases of construction for the water system improvements will be 500 gallons per minute (gpm). The elevated storage tank will not be operational until there is the required system demand to ensure the sufficient turnover of water in the new tank. The threshold for sufficient turnover is 100,000 gpd. Once the elevated tank is operational, the minimum required fire-flow of 1,000 gpm at 20 psi residual for residential or 1,500 gpm at 20 psi for commercial should be achieved. These fire flows work as the project is developing and growing.
Electric
Electrical service to this area will not be provided by PWC. Electrical services it will be provided by Duke Power or South River Electric. Both have the ability to serve the project.
Solid Waste
Garbage collection within the annexed area will be provided by the City. If annexed, these services will be offered to the annexation area under the same rates and terms as the remainder of the City. The City does not provide service to multi-family residential nor commercial developments, which would be handled by private contractor haulers.
City Ordinance now requires the use of a City-approved cart. Currently, the cost for a single roll-out cart is $48.97 and $38.50 for recycling carts. Each single-family dwelling will be issued one 96-gallon green rollout cart for household debris and one 35-gallon blue rollout cart for recycling debris.
Police Services
This area is 3.1 miles outside of the current city limits. This distance could possibly result in delayed response times and a diminished capacity to provide police services to the new and current residents who/will reside in, or around, the Ramsey Street corridor. The future addition of 700 residential units will require routine patrols and overall increased call-for-service, response and investigations. All of this will result in additional fuel cost, vehicle costs, and manpower to meet this demand.
The Police Department requests FY 20 capital funding to initially hire two (2) additional police officers with a projected start date of January 2020 to meet the needs of the initial phases of development. Additional staffing will need to occur over the 20-year development projection and will be covered by site derived revenue.
Fire Protection
The response times for existing FFD units will be outside of the Standards of Cover due to the distance of the site to the closest city fire station, as this extended distance could result in times exceeding the City’s baseline for units responding to a structure fire.
If annexed, the City will ensure that adequate, effective, and efficient fire protection services are provided for this area. The City will enter into a contractual agreement with Westarea Fire Department that includes required performance expectations regarding response and operations. The contract will require that the same level of service be delivered to the annexed area as is provided by others within the City as demonstrated by the City’s current ISO Class 1 rating.
In the event that the performance requirements included in the service contract between the City and Westarea Fire Department cannot be met and/or sustained, the City is prepared to request a contingency capital funding allocation to assist in the placement, staffing, and operation of a temporary station in or near the annexed area. These contingency capital items include siting and placement of a temporary station, a new engine that will have an approximately depreciated life-span of 20 years, and a crew of 4 personnel to staff the engine on three shifts. The addition of a new ladder company as well as personnel to support will be considered as the commercial development (which requires a ladder company response per ISO) begins to fully develop. There are multiple funding options available to support these contingencies.
Emergency Services
The City’s Fire Department would provide first responder-based emergency medical services to include basic life support (BLS) skills. Cape Fear Valley EMS will continue to provide advanced life support (ALS) skills and patient transportation to a fixed medical facility. If the City were to enter into a service contract with the Westarea Fire Department, the contracted agency will provide BLS-level emergency medical services to the area.
Right-of-Way Maintenance
Under North Carolina law, maintenance responsibilities for streets and rights-of way depend on ownership. Roadways in the county are maintained by the State; City owned roads are maintained by the City.
Post-Disaster Activities
Both the City and the County have contracts with private companies for disaster cleanup services. FEMA regulations do not allow the City to extend their cleanup efforts to properties outside of the city limits.
ENVIRONMENTAL
Area Natural and Physical Conditions
According to the North Central Cumberland Area Detailed Land Use Plan, farming has played a major role in this area over the years. Soil characteristics indicate there are some relatively good soils for farming in this area of Cumberland County. As of 2011, the property in question was enrolled in the Present Use Taxation Program as an active farm. Removal from this program requires payment of a fee by the property owner. It was not part of the County’s Voluntary Agricultural District Program.
The City has not received updated Federal Emergency Management Agency (FEMA) Firm Maps but expects to receive the maps in the near future. There are environmentally sensitive areas (wetlands, hydraulic soils, floodplain, etc.) that may reduce the buildable acreage. The site has been designed to stay away from any of these potential environmentally sensitive areas.
There are no mapped flood hazard areas on these properties; however, there is a small creek that traverses the property. Hydric soils were found to be present on these properties during this study. Hydric soil is soil which is permanently or seasonally saturated by water, resulting in anaerobic conditions, as found in wetlands.
Soil
Soil types and conditions in the Study Area are generally not conducive for septic systems. Soils data showed that in the Study Area over 24,120 acres (72%) of the Area has severe limitations for septic tanks. As of 2008, there were 47 septic tank repairs in this area.
Wetlands
Wetlands are located within the property. The saturated lands are managed by the Army Corp of Engineers. The applicant has a survey delineating the wetlands. The study of the wetlands is valid for a period of five (5) years. The development regulations for the wetlands will remain the same whether the property is annex or not.
Watershed
The property is located within the Cumberland County/City of Fayetteville Watershed Supply Area. The development regulations for the watershed are the same regardless if the property is annexed or not. This watershed enters the Cape Fear River north of most of the city, as this property is on the northern-most portion of the watershed.
TRAFFIC IMPACT
The Traffic Impact Analysis (TIA) was prepared by Kimley-Horn and Associates, Inc. in 2014. A TIA is, typically, valid for five (5) years. This TIA was site specific and did not consider future growth between the City limits and the subject property.
Improvements to SR 401 (Ramsey Street) have been completed by the North Carolina Department of Transportation (NCDOT), which can support the additional traffic for the proposed development. There are no additional scheduled improvements along this section of SR 401 in the FAMPO Long Range Plan. Commercial and further developments along this corridor may require a new or modified TIA.
State Route 401 is designated as a Strategic Transportation Corridor (STC), which forms the State’s core network or multimodal transportation corridors. Combined, they move a large network of people and freight across the region and key markets outside of the state. Together they enhance economic development, mobility, accessibility, and good decision-making.
There are numerous large acreage parcels between the proposed annexation and existing City limits. The properties directly to the North of the City contain approximately 2,400 acres of open space owned by the State or Nature Conservancy. Development on these parcels is unlikely to occur. There are approximately 800-acres between this open space and the parcels being considered for annexation. Along SR 401 (Ramsey Street) there are approximately 2,000-acres with frontage along and/or near the road. These properties could serve as a new commercial center, mixed use development, allow additional public facilities to be constructed and insure that the City maintains control of the gateway.
A factor that would impact development would be road improvements that may be required for future developments. At this point, it is unknown what would be required, or the associated cost.
Below is the 2016 Annual Average Daily Traffic (AADT) counts, as provided the NCDOT:
|
Roadway |
Location |
AADT |
|
Ramsey Street |
South of Elliot Bridge Road |
15,000 |
|
Ramsey Street |
North of Elliot Bridge Road |
9,100 |
|
Elliot Bridge Road |
West of Ramsey Street |
5,600 |
|
Elliot Farm Road |
West of Elliot Bridge Road |
2,400 |
Interstate-295 Corridor
Interstate-295, also known as the Fayetteville Outer Loop, is an interstate-grade, 39-mile bypass around the western side of Fayetteville. Construction of all sections of the loop are scheduled to be complete by 2022.
Fayetteville could start to see a shift in housing and commercial development patterns along the new interchanges at North Reilly and Cliffdale roads, and in a few years at Raeford Road. Like the Beltline in Raleigh and the Interstate-485 Loop around Charlotte, Fayetteville’s future I-295 could tilt the city’s center away from some of its traffic-clogged commercial corridors, and inject new life in aging or undeveloped areas.
Ramsey Street, Elliot Farm Road, and Elliot Bridge Road are all State roadways; therefore, if the property is annexed or not, the same road improvements will apply.
What is known from the roads and streets of the area is that the location is a prime location for not only increased development pressure but increased traffic tied to the interconnectedness of the city to the region and points north of the site.
SCHOOLS
A 20-acre tract in the northwest corner of this development has already been given by the property owner to the Cumberland County School System for the siting of a new elementary school. This proposed school is listed as a need in the School System’s 2016 Five Year Critical Needs Assessment. Funding for the project has not been identified by the system as of yet. A date for construction has not been determined. The construction of a new school will take approximately two (2) years from the start of construction to complete.
The main entrance to the school would be directly from Elliott Bridge Road. A secondary entrance would be from the proposed development. The school would be an elementary school with a 600-core student capacity.
Currently, four (4) schools serve this general area, two elementary schools and one middle and one high school. Below are the current enrollments, school capacity and the average number of students in schools with similar grade ranges at the district and state levels, as shown on the Cumberland County School website for each school.
|
School (Grade Levels) |
Current Enrollment |
Functional Capacity |
District Average |
State Average |
|
Raleigh Road Elementary (K-1) |
232 |
220 |
460 |
490 |
|
Long Hill Elementary (2-5) |
451 |
460 |
460 |
490 |
|
Pine Forest Middle (6-8) |
812 |
820 |
594 |
629 |
|
Pine Forest High (9-12) |
1528 |
1750 |
901 |
853 |
DEVELOPMENT PLAN
Cumberland County Planning Department indicated that they have not received any new development plans for this area, including the Hammond property. The aforementioned property is a large acreage that is located on the northern side of Elliot Bridge Road and is within Spring Lakes MIA area.
The density in the Mixed-Use District is controlled by the Conditional Zoning. The proposal is for 133-acres to be designated as 350 single-family units. If the property was zoned AR (Agricultural-Residential), the maximum is 266 units. If zoned SF-15 (Single-Family Residential), the maximum units would be 386.
The proposed 37-acres is designated for 350 multi-family units. If zoned SF-6 with a Special Use Permit, the maximum units allowed is 322 multi-family residential. The maximum multi-family residential units allowed for MR-5 (Mixed-Residential) is 740.
The development plan presently exists on the site and remains with or without annexation. The City Council is not being asked to change the development plan other than adding some city standards for development within the jurisdiction. These improved standards are stormwater, open space, and sidewalks.
Stormwater
If the property is not annexed, State Department of Environmental Quality approval is required and has been obtained; however, the State only regulates the water quality not quantity. By annexing in, the developer is committing to a higher standard. The developers engineer has worked ways to make this happen on all of the project.
City stormwater approval is required if annexed. This approval regulates the water quality and quantity.
Open Space
The maximum requirement for residential development is 20-percent of the total acreage. This would result in 34 acres of open space being required. The applicant is proposing 60 acres, which is usable and non-usable open space areas, with some being wetlands. This is an additional standard accepted for the project by the developer in their overall design.
Sidewalks
If the property is not annexed, the developer proposes to put sidewalks on one side of all internal streets. If the property is annexed, the City requires sidewalks on both sides of all internal streets and along State roadway, Ramsey Street, Elliot Farm and Elliot Bridge roads. The developer acknowledges this additional cost and agrees to the sidewalks.
IN-FILL ANNEXATIONS
The Broadwell request is a voluntary satellite annexation request. "Satellite" refers to a property that is not contiguous to the municipality. Satellite annexations are allowed in North Carolina law, and the City has numerous satellite areas.
If the Broadwell property is annexed as a voluntary satellite, the City could later try to annex the area between the city limits by using the city-initiated involuntary method or require annexation as the properties are developed/redeveloped and sewer is requested or required. There is no such plan or discussion to do so. This is noted as part of the assessment of the site. For purpose of sharing the information, here is additional material.
On the western side of Ramsey Street, between the current Fayetteville city limits and the Broadwell Property, there are basically four residential areas. From south to north, they are the Bullard Circle area, the Springfield subdivision area, the Currin Street/ Rachel Road area, and the Bienville Drive area.
Other major requirements for using the city-initiated annexation method are as follows:
1. The City would have to show that the area to be annexed is "developed for urban purposes." One way to show this is to verify that the area has a population density of 2.3 persons per acre. This was based on the philosophy underlying the North Carolina annexation law.
2. The City (i.e., PWC) would have to provide water and sewer within 3.5 years at no cost to the property owners.
3. A referendum would need to be held. Only registered voters in the proposed annexation area would be allowed to vote. If less than a majority of the votes cast in the referendum are for annexation, the City would not be able to proceed with the annexation. Also, the City would not be able to begin a new annexation process for at least 36-months after the date of the referendum. If a majority of the votes are for annexation, the City could proceed with the annexation.
SPRING LAKE MIA
The area on the northern side of Elliott Bridge Road, across from the Broadwell property, is in the Spring Lake MIA. It is unknown if Spring Lake can provide services to the vacant, Hammond or Broadwell properties. If so, and the Broadwell property is not annexed, the two municipalities may need to revise the current MIA, an action similar to the agreement between Fayetteville and Hope Mills.
Budget Impact:
Analyzing the budgetary impact of an annexation on the City involves comparing projected expenditures, provided by City operating departments, with projected revenues (see Cost and Revenue Projection Summary).
Options:
1. Adopt the Annexation Ordinance with an effective date of October 22, 2018, and include approval of the final action consistent with the prior action on the zoning and the development agreement.
2. Adopt the Annexation Ordinance with a later effective date up to, but not later than, April 22, 2019, and include approval of the final action consistent with the prior Action on the zoning and the development agreement. (Note: This date is the latest possible effective date, assuming the ordinance is adopted on October 22, 2018. Any effective date within six months of passage of the ordinance can be specified.)
3. Do not adopt the Annexation Ordinance. This option means the property would remain outside the City, the initial zoning would not occur, and the development agreement would not be entered into. This action does not preclude the development from occurring; however, it will occur outside the city limits.
4. Table action on the requested annexation.
Recommended Action:
The City Staff recommends Option 1: That the City Council moves to adopt the proposed ordinance annexing the area effective October 22, 2018, and establish the initial zoning consistent with the prior action on the zoning case, and enter into the development agreement consistent with the prior action on the development agreement.
Attachments:
• Vicinity Map
• Legal Description Map
• Basic Information Sheet
• Sufficiency Memo
• Proposed Annexation Ordinance
• First Photo-Elliot Bridge Road at Ramsey Street
• Second Photo-Looking South into Proposed Development from Elliot Farm Road
• Cost and Revenue Projection Summary