Council Approves Annexations to Expand Old Register Road PUD; Bike-lane Requests Deferred to Staff Policy

Statesville — The City Council on Aug. 19 approved four annexations and a planned-unit-development rezoning to add about 99.53 acres to an existing PUD on Old Register Road, a project that will include multifamily student housing, cottages, single-family homes and commercial space.

The action, taken after a public hearing and without opposition, brings the total PUD area to about 237 acres and preserves the developer’s phasing that will build the higher-density multifamily component first. "Staff does recommend approval of R Z 25 Dash 05 Dash 08 as well as the associated annexations," Justin, a city planning staff member, told the council during the hearing.

The council’s vote followed a presentation from the applicant’s attorney, who described the site and the development plan. "We're here tonight on behalf of VSB Development," Attorney Chris Gohagen said, and he identified Jonathan Drisco with the development group and Ryan Poythress with the project engineers as being present.

Why it matters: the site sits inside the city’s tax-allocation district and the city, county and school board previously agreed to the allocation plan; that plan and the development’s revenue projections are tied to bond payback and long-term redevelopment expectations for the area near the Publix shopping center.

Key facts and conditions - Acreage and scope: The developer will add 99.53 acres to an existing roughly 138-acre PUD, creating approximately 237 acres in total, mostly on the west side of Old Register Road near Publix. (Chris Gohagen) - Timing: The applicant provided a timeline that anticipates completion by 2030 for the overall project, tied to a revised traffic study submitted to staff. (Justin) - Environmental and site conditions: Council and staff noted a planning commission recommendation and several conditions: submission of a wetland plan "in adherence to the recommendations of the Okeechi Riverkeeper," use of standards from the Georgia Stormwater Management Manual for detention, TSS removal and flood protections, and submission of tree plans to meet the UDC’s tree-canopy requirements (roughly 35% canopy for commercial areas). (Justin) - Phase approvals and permits: Final site plans must be submitted corresponding to each development phase; HOA and restrictive covenant documents must be provided before certificates of occupancy for applicable portions.

Council debate on bike lanes Several council members raised the possibility of requiring bike lanes on portions of the development. One council member said the city has requested bike lanes on recent projects and asked whether this annexation and rezoning could include that requirement. Justin replied staff must follow the Unified Development Code and that local street right-of-way widths may not accommodate bike lanes in every case; he said the matter could be explored further during engineering submittals but could not be guaranteed at rezoning.

The developer’s attorney and representatives did not oppose working with staff on design details. "We've reviewed the conditions that are in that report, and all of those are agreeable to the developer," Gohagen said.

Several council members urged staff to develop a clear policy so developers can plan and budget for things like bike lanes before final submittals reach council. One council member said last-minute requirements would be unfair to applicants and recommended that bike-lane expectations be addressed in UDC updates and earlier in the review process.

Decisions and next steps - The council approved annexations AM25-05-04, AM25-05-05, AM25-05-06 and AM25-05-07 and subsequently approved the PUD amendment (RZ25-05-08) in separate votes; the record shows the motions passed and the hearings were closed with no speakers against the rezoning. - Staff will review engineering submittals and site plans for compliance with the UDC conditions. Council asked staff to return with policy options for bike lanes and other mobility amenities to provide clearer direction to future applicants.

Community context and background The site is designated as an activity/regional center in the city’s comprehensive plan and lies adjacent to an existing commercial node that includes Publix and other regional tenants. The development team noted this area has been included in the tax allocation district since 2019.

What was not decided Council did not adopt a requirement that bike lanes be constructed as a condition of annexation or rezoning at tonight’s meeting; members instead directed staff to study policy options and to work with the developer during the site-plan and engineering review process.