TO: Mayor and Members of City Council
THRU: Kelly Olivera - Assistant City Manager
Dr. Gerald Newton, AICP - Development Services Director
FROM: Heather Eckhardt, CZO - Planner II
DATE: February 27, 2023
RE:
Title
P22-48. Conditional rezoning from Single-Family Residential 6 (SF-6) to Mixed Residential 5 Conditional Zoning (MR-5/CZ), to build no more than 72 apartment units, located at 0 Drive off of Rim Road (REID #9487860537000), containing 12.23 acres ± and being the property of Leisure Living CB LLC, represented by WithersRavenel.
end
COUNCIL DISTRICT(S):
Council District(s)
7 - Brenda McNair
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:
The subject property is currently zoned Single Family Residential 6 (SF-6). The applicant would like to rezone the property to Mixed Residential 5/Conditional Zoning (MR-5/CZ).
The Zoning Commission held a legislative hearing on November 8, 2022. The Zoning Commission voted to recommend approval of a proposed map amendment to Mixed Residential 5 (MR-5) in a 3-2 vote. The applicant and proposed developer attended the meeting and spoke in favor of the rezoning. A resident of the Bone Creek Subdivision spoke in opposition due to traffic concerns in the Cliffdale Road and Rim Road area. There was one additional citizen signed up to speak however, they waived their time following the staff presentation.
This item was brought to City Council as part of the consent agenda on January 9, 2023. This item was pulled for a public hearing at the January 9th, 2023 City Council meeting. Following this item being pulled for a public hearing, the applicant elected to submit this item to City Council as a Conditional Rezoning. The applicant has offered the following conditions:
1. A maximum of 72 units on the 12.23 acre site.
2. A 20 foot wide Type A (One canopy tree + five understory trees + 15 shrubs per 100 linear feet) buffer along the northern and western property line adjacent to the existing subdivisions.
City Council has the option to approve the rezoning with additional conditions which are agreed upon with the owner/applicant during the legislative hearing.
Background:
Owner: Leisure Living CB LLC
Applicant: June Cowles of WithersRavenel
Requested Action: SF-6 to MR-5
REID: 9487860537000
Council District: 7 - Brenda McNair
Status of Property: Vacant/Undeveloped
Size: 12.23 acres ±
Adjoining Land Use & Zoning:
• North: SF-6 and SF-10 - Single-family subdivision and self-storage
• South: AR - Undeveloped
• East: AR - Undeveloped
• West: SF-6 and MR-5 - Single-family subdivision and undeveloped
Annual Average Daily Traffic: Rim Road: 10,000 (2016)
Letters Mailed: 131
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 during the meeting.
Regional Land Use Advisory Commission (RULAC) - Comments were provided regarding the potential for noise impacts generated by Fort Bragg. RULAC has recommended that the owner/developer provide notice to the future residents of the likelihood or periodic exposure to high noise levels.
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 Medium Density Residential. Medium Density Residential areas are intended to accommodate primarily single-family residential neighborhoods with small lots (3-6 dwellings per acre), duplexes or townhomes, and low-rise apartments.
Issues/Analysis:
History:
The subject property and surrounding area were annexed into the City of Fayetteville in 2005 as part of the Phase 5 annexation project. The five parcels to the southwest of the subject property were previously rezoned from Agricultural Residential (AR) and Single Family Residential 6 (SF-6) to Mixed Residential 5 (MR-5) in 2021, case P21-21. According to the application in 2021, the rezoning request was made in order to develop the property was an apartment complex. The properties are currently undeveloped.
Surrounding Area:
This area along Rim Road south of Cliffdale Road has a variety of residential zoning districts. Zoning in the area ranges from the medium-density residential districts of Single-Family Residential 6 (SF-6) and Single-Family Residential 10 (SF-10), to the high-density residential Mixed Residential 5 (MR-5) district. Brook Run subdivision, located to the north of the subject property, is zoned SF-10 while the undeveloped land to the south is zoned AR. Colony Village subdivision, located to the west of the subject property, is zoned SF-6.
To the southwest of the subject property is roughly 19.17 acres ± of undeveloped land which was rezoned from SF-6 to MR-5 in 2021.
Rezoning Request:
The applicant is requesting to rezone 12.23 acres ± from Single Family Residential 6 (SF-6) to Mixed Residential 5 Conditional Zoning (MR-5/CZ). The applicant has expressed interest in developing this parcel in conjunction with parcels to the southwest as multi-family dwellings (apartments).
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 Single-Family Residential 6 (SF-6) to Mixed Residential 5 Conditional Zoning (MR-5/CZ).
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 the Mixed Residential 5 (MR-5/CZ) with the following conditions:
1. A maximum of 72 units on the 12.23 acre site.
2. A 20 foot wide Type A (One canopy tree + five understory trees + 15 shrubs per 100 linear feet) buffer along the northern and western property line adjacent to the existing subdivisions
Land Use Plan Analysis:
According to Future Land Use Map & Plan, this area is recommended to be developed as Medium Density Residential (MDR). Medium Density Residential areas are intended to accommodate primarily single-family residential neighborhoods with small lots (3-6 dwellings per acre), duplexes or townhomes, and low-rise apartments.
While the applicant has proposed three-story apartment buildings and the Future Land Use Plan calls for low-rise apartments (1-2 story apartments) as part of the MDR district, three-story apartments would not be incongruous with the surrounding area as there are multiple large apartment complexes in the area.
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 an economic impact will be associated with this rezoning due to taxes collected in the future.
Options:
1. City Council moves to approve the rezoning to MR-5/CZ as presented based on the evidence submitted and finds that the 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 rezoning to MR/-5/CZ with additional conditions as agreed upon with the owner/applicant based on the evidence submitted and finds that the rezoning is consistent with the Future Land Use Plan as demonstrated by the attached consistency and reasonableness statement.
3. City Council moves to approve the map amendment/rezoning to a more restrictive zoning district based on the evidence submitted and finds that the map amendment/rezoning would be consistent with the Future Land Use Plan and an amended consistency and reasonableness statement.
4. City Council moves to deny the rezoning based on the evidence submitted and finds that the 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 MR-5/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 Medium Density Residential.
• 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