TO: Mayor and Members of City Council
THRU: Kelly Olivera - Assistant City Manager
Dr. Gerald Newton, AICP - Development Services Director
Jennifer C. Baptiste, CZO - Planning & Zoning Manager
FROM: Heather Eckhardt, CZO - Planner II
DATE: November 28, 2022
RE:
Title
P22-41. Conditional rezoning from Mixed Residential 5 (MR-5) to Office and Institutional Conditional Zoning (OI/CZ) of .18 acres ±, located at 1320 Fort Bragg Road (REID #0427961368000), and being the property of Karma Holdings LLC., represented by Moorman, Kizer, & Reitzel, Inc.
end
COUNCIL DISTRICT(S):
Council District(s)
6 - Mayor Pro Tem Johnny Dawkins
b
Relationship To Strategic Plan:
Strategic Operating Plan FY 2022
Goals 2026
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:
The subject property is currently zoned Mixed Residential 5 (MR-5) and the applicant is requesting a rezoning to Office and Institutional Conditional Zoning (OI/CZ).
The proposed condition is to reduce the corner side yard setback from 25 feet to 12.6 feet in order to make the existing structure a conforming structure rather than remaining as a non-conforming structure.
The Zoning Commission held a legislative meeting on October 11, 2022. The Zoning Commission voted unanimously (4-0) to recommend approval of the proposed map amendment.
Background:
Owner: Karma Holdings LLC
Applicant: Moorman, Kizer, & Reitzel, Inc.
Requested Action: MR-5 to OI/CZ
REID: 0427961368000
Council District: 6 - Mayor Pro Tem Johnny Dawkins
Status of Property: One single-family house
Size: .18 acres ± or 7,840 square feet
Adjoining Land Use & Zoning:
• North: SF-6 - Single-family house and vacant lot
• South: OI - Church
• East: OI - Real estate office
• West: MR-5 - Two-to-four family dwelling (quadplex)
Letters Mailed: 262
Additional Reviews:
Technical Review Committee (TRC) - A preliminary review has been conducted as part of the Conditional Rezoning application process. General development comments were provided regarding standards for parking and landscaping.
Land Use Plans:
With the adoption of the 2040 Comprehensive Plan: Future Land Use Map & Plan on May 26, 2020, all properties within the city limits as well as properties identified as being in the Municipal Influence Area (MIA) are subject to this plan.
According to the Plan, it is recommended that this portion of the city should be developed as Neighborhood Mixed Use (NMU).
Neighborhood Mixed Use is described as having neighborhood-scale commercial uses, horizontal mix of uses with 1-3 story buildings. Smaller-scale multi-family, attached, and small single family are also recommended with lower density on the edges.
Issues/Analysis:
History:
The subject property and the surrounding area were annexed into the City of Fayetteville in 1923. This property currently has one single-family house which was built in 1935. The subject property is currently zoned Mixed Residential 5 (MR-5). The neighboring property at 1318 Fort Bragg Road was rezoned from MR-5 to OI in 2021 to accommodate a real estate office.
Surrounding Area:
The subject property is located at the corner of Fort Bragg Road and Claremont Street. The general area contains multiple zoning districts including Office Institutional (OI), Neighborhood Commercial (NC), and Mixed Residential (MR-5). This area along Fort Bragg Road between Oakridge Avenue and Claremont Street is predominantly commercial.
The area along Fort Bragg Road has several office-type uses, i.e. law firm, a financial planning firm, an investment firm along with multiple other small businesses including a small dry-cleaning store. There are also a few residential structures along Fort Bragg Road. The area to the north of the subject property is primarily residential in nature including the Pershing Heights subdivision (General Lee Avenue area). The area to the west of the subject property (further North on Fort Bragg Road) is predominately residential in nature with a combination of single-family dwellings, two-to-four family dwellings, and multi-family dwellings.
Rezoning Request:
The applicant is requesting to rezone the property from Mixed Residential 5 (MR-5) to Office and Institutional Conditional Zoning (OI/CZ) to allow for an office to be located on the property. The subject property is .18 acres ± or 7,840 square feet ±.
Land within the City is generally classified by the Unified Development Ordinance (UDO) to be within one of many base zoning districts. Land may be reclassified to one of several comparable zoning districts in accordance with Section 30-2.C.
Conditional Zoning:
The request is for a conditional zoning from Mixed Residential 5 (MR-5) to Office & Institutional Conditional Zoning (OI/CZ).
The OI zoning district is established and intended to accommodate a mix of small-scale, low-intensity professional and business offices and institutions, together with limited personal service and supporting retail uses.
The purpose of the CZ zoning district is “intended to provide a landowner and the City an alternative to rezoning the land to a standard base zoning district, where the base zoning allows certain uses and development that may be appropriate but also allow uses and development that may not conform to City plans or would have adverse impacts on public facilities or surrounding lands. Reclassification of land to a conditional zoning district allows a landowner to propose, and the City Council to consider, additional conditions or restrictions on the range of allowable uses, use standards, development intensities, development standards, and other regulations applicable in the parallel base zoning district. This enables the City to tailor a zoning classification to accommodate desirable development while avoiding or addressing anticipated problems that may arise from development otherwise allowed by the base zoning district.”
Specifics of this Conditional Rezoning:
The applicant is requesting a Conditional Zoning to address the setbacks for the existing structure. The existing structure on the property was constructed prior to the adoption of the Unified Development Ordinance and is currently non-conforming in regards to the corner side yard setback along Claremont Street. The only condition requested by the applicant is to reduce the corner side yard setback from 25 feet to 12.6 feet.
Land Use Plan Analysis:
According to Future Land Use Map & Plan, this area is recommended to be developed as Neighborhood Mixed Use (NMU). Neighborhood Mixed Use is described as having neighborhood-scale commercial uses, horizontal mix of uses with 1-3 story buildings. Smaller-scale multi-family, attached, and small single family are also recommended with lower density on the edges. The proposed zoning district is compatible with the surrounding area and in keeping with the Future Land Use Plan.
Consistency and Reasonableness Statements:
The Future Land Use Plan also sets forth written goals, policies, and strategies. This application looks to follow the City’s strategic, compatible growth strategies by meeting the goals of the Land Use Plan found on the attached Consistency and Reasonableness form.
Budget Impact:
There is not an immediate budgetary impact but there will be an economic impact associated with this rezoning that will occur due to taxes collected in the future.
Options:
1. City Council moves to approve the conditional rezoning to OI/CZ as presented based on the evidence submitted and finds that the conditional rezoning is consistent with the Future Land Use Plan as demonstrated by the attached consistency and reasonableness statement.
2. City Council moves to approve the conditional rezoning to OI/CZ with additional conditions based on the evidence submitted and finds that the conditional rezoning is consistent with the Future Land Use Plan as demonstrated by the attached consistency and reasonableness statement.
3. City Council moves to deny the conditional rezoning to OI/CZ based on the evidence submitted and finds that the conditional rezoning is inconsistent with the Future Land Use Plan.
Recommended Action:
The Zoning Commission and Professional Planning Staff recommend that the City Council move to APPROVE the map amendment to OI/CZ based on the following:
• The proposed zoning map amendment implements the policies adopted in the Future Land Use Plan (FLUP), and those policies found in the Unified Development Ordinance (UDO). The Future Land Use Plan calls for the subject property to be developed as Neighborhood Mixed Use.
• The uses permitted by the proposed change in zoning district classification and standards apply to such use and will be appropriate in the immediate area of the land to be reclassified due to the existing zoning and uses surrounding this property; and
• There are no other factors that will substantially affect public health, safety, morals, or general welfare.
Attachments:
1. Plan Application
2. Aerial Notification Map
3. Zoning Map
4. Land Use Plan Map
5. Subject Property
6. Surrounding Property Photos
7. Consistency and Reasonableness Statements