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 & Zoning Manager
Heather Eckhardt, CZO - Planner II
DATE: March 25, 2024
RE:
Title
P24-11. Rezoning from Single Family Residential 6 (SF-6) and Community Commercial (CC) to Community Commercial (CC) located at 5709 Bragg Blvd (REID 0419128627000) totaling 9.29 acres ± and being the property of Macpherson LLC.
end
COUNCIL DISTRICT(S):
Council District(s)
3 - Mario Benavente
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.
Goal IV: Desirable Place to Live, Work, and Recreate
• Objective 4.5 - To ensure a place for people to live in great neighborhoods.
Executive Summary:
The applicant is seeking to rezone a portion of 5709 Bragg Boulevard from Single Family Residential 6 (SF-6) to Community Commercial (CC). The proposed rezoning would result in a parcel with a single zoning district - Community Commercial (CC).
This item was heard at the February 13th Zoning Commission where the commission voted unanimously to approve the rezoning request. There was one speaker in favor and none in opposition.
Background:
Owner: Macpherson LLC
Applicant: Jason Stern of Stern Development
Requested Action: SF-6 and CC to CC
REID #: 0419128627000
Council District: 3 - Mario Benavente
Status of Properties: Two commercial buildings
Size: 9.29 acres
Adjoining Land Use & Zoning:
• North: SF-6 & CC - Commercial building
• South: CC - Commercial buildings
• East: SF-10 - Vacant
• West: MR-5 - Vacant
Annual Average Daily Traffic: Bragg Blvd: 17,500
Letters Mailed: 24
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 Employment Center and Neighborhood Mixed Use. The Neighborhood Mixed Use designation is limited to the corner of Bragg Boulevard and Santa Fe Drive. Employment Center is intended for high intensity nonresidential uses with high impact or likelihood for nuisance while Neighborhood Mixed Use is intended for neighborhood-scale commercial uses and smaller-scale multi-family, attached and small lot single family.
Issues/Analysis:
History:
The subject properties and the surrounding area were annexed into the City of Fayetteville in 1998. The site was developed as a mobile home park and a strip-style shopping center prior to annexation. All mobile homes were removed between 2010 and 2013. The shopping center houses a pawn shop, restaurant/bakery, and a clothing store.
Surrounding Area:
The parcels to the north have small commercial buildings and were previously part of the mobile home park located on the subject property. The parcel to the south was also part of mobile home park once located on the subject property. Several commercial buildings remain on the property. The parcel to the west housed the majority of what was Fairlane Acres but is currently planned for apartments. The land on the east side of Bragg Boulevard has four residential structures with large lots.
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 a portion of the subject property from Single Family Residential 6 (SF-6) to Community Commercial (CC). The proposed rezoning would unify the zoning of the property to allow the site to be more fully developed as a commercial site.
Straight Zoning:
The request is for a rezoning from Single Family Residential 6 (SF-6) to Community Commercial (CC).
The Community Commercial (CC) District is established and intended to accommodate a diverse range of medium- to high-intensity retail, service, and office uses that provide goods and services serving the residents and businesses in the community at large-e.g., shopping centers, convenience stores, retail sales establishments, and heavier commercial uses.
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 Zoning Commission 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, it is recommended that this portion of the city should be developed as Employment Center and Neighborhood Mixed Use (limited to the corner of Bragg Boulevard and Santa Fe Drive). Employment Center is intended for high intensity nonresidential uses with high impact or likelihood for nuisance while Neighborhood Mixed Use is intended for neighborhood-scale commercial uses and smaller-scale multi-family, attached and small lot single family.
According to the 2040 Future Land Use Plan, this proposed development falls within Goal # 1: Focus value and investments around infrastructure and strategic nodes and Goal # 2: Promote compatible economic and commercial development in key identified areas
Under the plan’s Land Use Policies and Strategies section, subsection Strategic, Compatible Growth, this proposed development falls under the following sections:
LUP 2: Encourage strategic economic development.
• 2.1: Encourage economic development in designated areas
LUP 3: Encourage redevelopment along underutilized commercial strip corridors and reinvestment in distressed residential neighborhoods.
• 3.1: Examine and identify targeted redevelopment and infill areas throughout the city
LUP 5: Improve gateways
• Continue to require perimeter landscaping and planting islands in significant renovations and redevelopment along commercial corridors.
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.
Conclusion:
The proposed rezoning would unify the zoning of a parcel of land that is currently in use as a commercial site. The subject property’s location at the corner of two arterial roads makes it the ideal location for a variety of commercial uses. Many of those uses could support the existing Military Business Park located to the west and the surrounding area. The area indicated for Neighborhood Mixed Use is very limited at the southeast corner of the subject property and this character area also calls for a variety of commercial uses.
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. Approval of the map amendment to CC 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 (recommended).
2. Approval of 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. Denies 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 move to APPROVE of the map amendment to CC 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 Employment Center (EC) and Neighborhood Mixed Use (NMU).
• The uses permitted by the proposed change in zoning district classification and standards 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. Consistency and Reasonableness Statement
8. Powerpoint