TO: Mayor and Members of City Council
THRU: Kelly Olivera - Assistant City Manager
Dr. Gerald Newton, AICP - Development Services Director
FROM: Will Deaton, AICP - Planning and Zoning Division Manager
Demetrios Moutos - Planner I
DATE: June 26, 2023
RE:
Title
P23-15. Rezoning from Agricultural Residential (AR) to Limited Commercial (LC) on 4.5 acres ±, located at 8205 Stoney Point Road (REID# 9485651707000) and 0 Rockfish Road (REID# 9485557246000) and being the properties of Dennis E Canady, John D Gillis, James Wright Gillis, and Robert Lewis Gillis, being represented by Thomas Neville of Yarborough, Winters & Neville, PA
end
COUNCIL DISTRICT(S):
Council District(s)
6 - Derrick Thompson
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
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 applicant is seeking to rezone one parcel and a portion of a second parcel from Agricultural-Residential (AR) to Limited Commercial (LC). The area to be rezoned totals 4.5 acres ±.
The Zoning Commission voted unanimously to recommend approval of the requested rezoning on May 9, 2023.
Background:
Applicant: Kimberlee Bozeman
Owner: Andy Priolo of Circle K
Requested Action: AR to LC
REID #: 9485651707000 & 9485557246000
Council District: 6 - Derrick Thompson
Status of Property: 8205 Stoney Point Road: Occupied Single Family House
0 Rockfish Road: Undeveloped, Farm Land
Size: 4.5 acres ±
Adjoining Land Use & Zoning:
• North: AR - Two Single Family Homes
• South: Community Commercial - Vacant Land and Future Roadway Improvement ROW
• East: AR and CC - Vacant Land and Clicks Nursery
• West: AR - Farmland
Annual Average Daily Traffic: Stoney Point Road: 13,500 (2021)
Letters Mailed: 107
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 Low Density Residential (LDR). However, two other properties at this future intersection, located at 8159 and 8142 Stoney Point Road were rezoned in October of 2022 to Community Commercial, changing the future character of the area.
Low Density Residential is best described as mainly single family residential with some accessory dwellings; occasionally with duplexes (if isolated) or townhomes. Lots are typically meant for 1-4 dwellings per acre and have a suburban, auto-oriented character with utility services. According to the Plan, the area surrounding the subject properties is intended to develop as Low Density Residential, Neighborhood Mixed Use, and Open Space Subdivisions.
Issues/Analysis:
History:
The subject property was annexed into the city in 2005 as part of the Phase 5 Annexation Project. The single family house located at 8205 Stoney Point Road was built in 1958 according to County tax records. The 24.35-acre vacant parcel has never been developed.
The City Council voted to approve the requested rezoning (Case P22-44) of two parcels to the east of the subject property to Community Commercial on 12/12/2022 with no conditions of approval, thus setting a precedent and changing the future character of the area.
Surrounding Area:
Springfield Crossing subdivision is located to the north of the subject properties. Scattered single family housing and open space is located to the south and west of the subject properties. Across Stoney Point Road, there is undeveloped land and Click’s Nursery & Greenhouse. The subject properties are adjacent to right of way for future roadway and improvements that will connect with I295.
Rezoning Request:
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.
The applicant is requesting to rezone an area currently zoned Agricultural Residential (AR) to Limited Commercial (LC). The applicant intends to construct a Circle K convenience store with gas sales on the site, although this is not a conditional zoning and the applicant cannot be held to that type of development.
The attached site plan has been reviewed by the Technical Review Committee. At the meeting, standard development comments were provided regarding standards for parking, stormwater, landscaping, etc.
Straight Zoning:
The request is for a straight zoning from Agricultural Residential (AR) to Limited Commercial (LC).
The Limited Commercial (LC) District is established and intended to accommodate a wider range of moderate-intensity general retail, business, and service uses that serve groups of neighborhoods instead of just an individual neighborhood-e.g., grocery stores, drugstores, large restaurants, gas stations, and higher order retail uses like specialty stores. The district is not intended to accommodate intensive commercial or other business uses. Residential uses are encouraged on the upper floors of nonresidential establishments. The district is subject to standards intended to ensure development is compatible with surrounding residential neighborhoods.
The reclassification of land to a base zoning district without conditions 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 the Future Land Use Map & Plan, this general area is recommended to be developed as Low Density Residential (LDR) and Neighborhood Mixed Use (NMU). The requested rezoning is not in keeping with the Future Land Use Map, however, it is generally consistent with the Land Use Policies and Strategies of the Future Land Use Plan. The pending road improvements and eventual connection to I295 all but ensure this area will develop as commercial. There are already commercially zoned lots adjacent to and across the street from the subject properties.
Consistency and Reasonableness Statements:
The Future Land Use Plan also sets forth written goals, policies, and strategies. This application does follow the City’s strategic, compatible growth strategies and does meet 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 map amendment to Limited Commercial (LC) as presented based on the evidence submitted, and finds that the rezoning is consistent with the City Council’s recent actions and, as demonstrated by the attached consistency and reasonableness statement, approval of the rezoning would serve as an update to the future land use plan. (recommended);
2. City Council moves to approve the map amendment to a more restrictive zoning district based on the evidence submitted and finds that the map amendment would be consistent with the Future Land Use Plan and an amended consistency statement;
3. City Council moves to deny the map amendment request based on the evidence submitted and finds that the map amendment is inconsistent with the Future Land Use Plan.
Recommended Action:
The Zoning Commission and Professional Planning Staff recommend that the City Council APPROVE the proposed map amendment to LC based on the following:
• This proposal would update the future land use map if adopted, it also satisfies the Future Land Use Goals #1 and #2 and is generally consistent with the Land Use Policies and Strategies. Additionally, the proposed roadway improvements and eventual connection to I295 ensure this proposal will evolve to be an even better fit for the surrounding area.
• The uses permitted by the proposed change in zoning district classification and standards that apply to such uses are 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. Signed Consistency and Reasonableness Statement
8. Site Plan
9. Slideshow Presentation