TO: Mayor and Members of City Council
THRU: Telly C. Whitfield, Ph.D. - Assistant City Manager
Dr. Gerald Newton, AICP - Development Services Director
Jennifer C Baptiste, CZO - Planning and Zoning Division Manager
FROM: Craig M. Harmon, CZO - Planner II
DATE: June 27, 2022
RE:
Title
P22-20. Initial zoning from Cumberland County’s Rural Residential (RR) and Residential 10 (R10) to City of Fayetteville’s Heavy Industrial (HI), located at 600, 602 & 606 N Plymouth Street (REID #'s 0447961856000, 0447958702000, 0447865061000, 0447758819000), containing 83.0 acres ± and being the property of Marie H Whisman Heirs and AOM II, LLC.
end
COUNCIL DISTRICT(S):
Council District(s)
2 - Shakeyla Ingram
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.
• Objective 3.3 - To sustain a favorable development and business climate through timely and accurate construction review and building inspection services
Goal IV: Desirable Place to Live, Work and Recreate
• Objective 4.3 - To improve mobility and connectivity through sidewalk, trail, and bike lane investments
• Objective 4.4 - To provide a clean and beautiful community with increased green spaces
• Objective 4.5 - To ensure a place for people to live in great neighborhoods
Executive Summary:
The applicant is seeking to annex and initially zone three parcels and a portion of a fourth parcel totaling 82.6 acres ± of 166 total acres, from Cumberland County RR & R10 to the City of Fayetteville’s HI to match the adjacent zoning across Dunn Road. A site plan has been submitted in conjunction with this request and is attached.
The Heavy Industrial (HI) zoning district is established and intended to accommodate heavy manufacturing, assembly, fabrication, processing, distribution, storage, research and development, and other industrial uses that may be large-scale or otherwise have extensive exterior movement of vehicle, materials, and goods, and greater potential for adverse environmental and visual impacts.
On May 10, 2022, the Zoning Commission held a Legislative Hearing regarding this case. There was one speaker in favor and two in opposition. The concern of those in opposition centered on a possible increase in flooding. The Commission voted 5-0 to recommend approval and approved the consistence statement.
Background:
This property is located at southeast corner of the intersection of North Plymouth Street and Dunn Road. This requested annexation and initial zoning includes three complete lots and a portion of a fourth parcel.
Applicant: Brandy Zackery, Arnold Consulting Engineering Services, Inc.
Owner: Marie, Heirs Whisman, AOM II, LLC
Developer: Ryan Krall, NC Fayetteville Dunn, LLC
Requested Action: RR & R10 to HI
Property Address: 600, 602 & 606 N Plymouth Street
Council District: 2 - Shakeyla Ingram
Status of Property: Undeveloped
Size: 83.0 acres ±
Adjoining Land Use & Zoning:
• North: HI & RR - Warehouse & Undeveloped
• South: RR & A1 - Single-family detached dwellings
• East: RR & A1 - Single-family detached dwellings
• West: C3 & CD - Auto repair and Single-family detached dwellings
Letters Mailed: 40
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 Rural (RU).
Rural is best described as primarily working lands (farms, silviculture, etc.) with occasional single family residential. No utility service (especially lack of sewer). Development density typically is much less than 1 dwelling per acre with poorly connected road network.
Issues/Analysis:
History:
This property is located at the southeast corner of the intersection of North Plymouth Street and Dunn Road in a developing industrial area. This requested annexation and initial zoning includes parts of four (4) current parcel totaling 83.0 acres ±.
Surrounding Area:
The site has industrial to one side, some commercial to the west and residential around the other areas.
Rezoning Request:
The applicant is requesting to initially zone an area currently zoned RR & R10 in the County to HI, which matches the property to the north across Dunn Road.
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.
Straight Zoning:
The request is for a straight initial zoning from Cumberland County’s RR & R10 to the City of Fayetteville’s HI.
The Heavy Industrial (HI) District is established and intended to accommodate heavy manufacturing, assembly, fabrication, processing, distribution, storage, research and development, and other industrial uses that may be large-scale or otherwise have extensive exterior movement of vehicle, materials, and goods, and greater potential for adverse environmental and visual impacts.
The proposed zoning district is compatible with the uses and current zoning in the area. Although the City’s Future Land Use Plan calls for Rural development, there are other parcels zoned as Heavy Industrial in the area. Directly across the Dunn Road, is a Heavy Industrially zoned property. This site is former home of the Soffe Distribution Annex.
The reclassification of land to a straight zoning district allows all of the uses that are shown on the attached Use Table taken from the UDO. The City Council may not consider conditions or restrictions on the range of allowable uses, use standards, development intensities, development standards, and other applicable regulations.
Land Use Plan Analysis:
According to Future Land Use Map & Plan, this area is recommended to be developed as Rural which is best described as primarily working lands (farms, silviculture, etc.) with occasional single family residential. No utility service (especially lack of sewer). Density typically much less than 1 dwelling per acre. Poorly connected road network.
But contrary to the Future Land Use Map & Plan this area is abutted by a substantial road with direct access to a US Highway 301. Public sewer also serves this area. Lastly there are already compatible zoning and uses around this property.
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. Council approve the initial zoning to HI (recommended);
2. Council to approve the map amendment to a more restrictive zoning district; or
3. Council moves to deny the map amendment request.
Recommended Action:
The Zoning Commission and Professional Planning Staff recommend that the City Council move to APPROVE the map amendment to HI based on the following:
• The proposed zoning map amendment implements may of the policies adopted in the Future Land Use Plan (FLUP), and those policies found in the Unified Development Ordinance (UDO). While the land use plan calls for Rural development, infrastructure, current zoning and neighboring uses indicate that this area no longer fits with the Rural character described in the land use plan.
• The uses permitted by the HI 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. Site Plan
8. Consistency and Reasonableness Statements