TO: Mayor and Members of City Council
THRU: Zoning Commission
FROM: Demetrios Moutos - Planner I
DATE: September 10, 2024
RE:
Title
A24-40. Variance request for a large multi-building development identification sign in the MR-5 Zoning District, located at 5649 Bragg Blvd (REID #: 0419117547000), owned by MACPHERSON LLC.
end
COUNCIL DISTRICT(S):
Council District(s)
4 - D.J. Haire
b
Relationship To Strategic Plan:
Strategic Operating Plan FY 2022
Goals 2027
Goal 2: The City of Fayetteville will have a Responsive City Government supporting a diverse and viable economy.
• Objective 2.4 - To sustain a favorable development climate to encourage business growth.
Goal 3: The City of Fayetteville will be a City invested in Today and Tomorrow.
• Objective 3.2 - To manage the City’s future growth and strategic land use.
Goal 4: The City of Fayetteville will be a highly 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 requesting a variance to increase the maximum allowable size for a large multi-building development identification sign. A variance is a special exception to zoning regulations, granted only when unique property conditions create extreme hardship. The property owner must demonstrate that this hardship exists and that granting the variance will not negatively impact the neighborhood. Importantly, variances do not alter what can be built on the property; they only affect the size and placement of structures.
Background:
Applicant: Mark Gardner
Owner: MACPHERSON LLC
Requested Action: Increase the maximum size of an identification sign
Zoning District: Mixed Residential 5 (MR-5)
Property Address: 5649 Bragg Blvd (0419117547000)
Size: 30.38 acres ±
Existing Land Use: Largely vacant/wooded with commercial use lining Bragg Blvd
Surrounding Zoning and Land Uses
• North: CC and MR-5 - Strip Commercial
• South: SF-6 and CC - Residential with commercial lining Bragg Blvd
• East: CC - Circle K and EPCO
• West: SF-6 and CC - Single Family and American Flag Storage
Postcards Mailed: 43
Issues/Analysis:
Property History
North Carolina General Warranty Deed dated June 25, 2010, records the transfer of a 51.07-acre tract of land located in Fayetteville, North Carolina, from several members of the Shaw family to MacPherson, LLC, a North Carolina limited liability company. The grantors include Marie Shaw Dee, John G. Shaw, Frank S. Shaw and his wife, Rollin W. Shaw, Sally Shaw Frankenburg and her husband Eben Frankenburg, Gilbert W. Shaw and his wife Mirjam Shaw, Phoebe Winship Dee and her husband Brent Blunden, and Alexander MacPherson Shaw. The property in question lies on the west side of Fort Bragg Boulevard and is divided by Santa Fe Drive and Bragg Boulevard. The deed conveys the land to the grantee in fee simple, with the grantors guaranteeing that the title is marketable and free of all encumbrances except for 2010 Cumberland County ad valorem taxes and any easements or restrictions of record. The document was duly signed by all the grantors and notarized by Cynthia W. Burris, a Notary Public in Cumberland County, North Carolina, before being filed and recorded with the Cumberland County Register of Deeds.
The deed references a plat entitled “Lot 1, Headstart-Bridges Fairlane Project” prepared by Harvey H. Allen, RLS L-3717. This plat is recorded in Plat Book 95, Page 167 in the Cumberland County, North Carolina, Public Registry. The purpose of the deed is to convey all of Lot 1 as shown on this plat.
Zoning Standards and Variance Requests
Section 30-5.L.7.b.1 of the Unified Development Ordinance outlines specific standards for identification signs in Residential and Large Multi-building Developments. The relevant portion of this section states: "On-premises ground signs identifying a single-family residential subdivision; apartment, townhouse, condominium, or other multifamily residential complexes; recreational facility or mobile home park, must not exceed 32 square feet in area, with a maximum overall height of 6 feet." The applicant is requesting a modification to increase the maximum allowable sign area from 32 square feet to 41.25 square feet.
Insufficient Justification for Variance
The following reasons do not qualify as valid grounds for granting a variance:
1. The presence of other nonconforming or conforming land uses or structures within the same or different zoning districts.
2. A request for a land use that is explicitly or implicitly prohibited by the zoning district regulations.
3. Economic hardship or the prospect of increased property value or profitability resulting from the variance.
Subsequent Development
The applicant intends to construct an apartment complex on the subject property in the future.
The following findings are based on the responses submitted in the application by the applicant and the best available information about the proposal without the benefit of testimony provided at the evidentiary hearing.
Findings of Fact Statements as reviewed by the Planning Staff:
1. There is sufficient evidence that the strict application of the Ordinance requirements results in practical difficulties and unnecessary hardships as shown by the following evidence:
The applicant states “This sign is consistent with all other ordinance requirements other than size. This sign is intended to be large enough to allow for folks to easily identify the apartment community and not inhibit the security of public safety. This requested variance is consistent with the spirit, purpose, and intent of the ordinance, such that public safety is secured, and substantial justice is achieved.”
2. There is sufficient evidence that any practical difficulties or unnecessary hardships result from unique circumstances related to the land, and are not the result of the actions of the landowner as shown by the following evidence:
The applicant states “This is a large multi-family apartment community and the sign needs to be seen by folks driving down Santa Fe Drive. This larger size would help negotiate and locate the community.”
3. There is sufficient evidence that the Variance is the minimum action that will make possible a reasonable use of land or structures as shown by the following evidence:
The applicant states “This is a minimal variation from 32sf to 41.25 sf., a reasonable increase to assist the public navigating Santa Fe Drive and looking for an apartment community.”
4. There is sufficient evidence that the Variance is in harmony with the general purpose and intent of this Ordinance and preserves its spirit as shown by the following evidence:
The applicant states “This community architecture and sign package is designed by professionals. A great deal of time and money was spent to develop a brand and incorporate this into the sign package and the design of the signs and entry monument.”
5. There is sufficient evidence that in the granting of the Variance, public safety and welfare have been assured and substantial justice has been done as shown by the following evidence:
The applicant states “With this variance the citizens of Fayetteville can be proud to have a Class “A” community to be proud of.”
Budget Impact:
There are no anticipated budgetary implications at this time.
Options:
The Board’s Authority: The board has the authority to approve or deny the request and must base its decision on the answers to the following five required findings of fact:
If a member believes that the evidence presented is substantial, competent, and sufficient to meet the required findings of fact then the member may make a motion to approve the variance and the members must state all of the following five findings of fact along with the evidence that was presented to satisfy each finding.
If the members cannot find specific supporting facts under all five findings of fact, the members must consider a motion of denial. A motion of denial should indicate which of the five (5) of the findings of fact cannot be met.
The board can also place reasonable conditions on any variance approval.
If a member wishes to make a motion to approve the variance they should make a brief statement that recaps the evidence showing each of the five findings of fact. Any discussion by the Board following a motion may include a recap of the evidence supporting each of the five (5) factual findings.
Possible Motions and Factual Findings:
Motion to approve the variance as requested
Findings of Fact Required to Approve this Request:
1. Strict application of the Ordinance requirements results in practical difficulties and unnecessary hardships as shown by the following evidence:
______________________________________________________________________
2. Any practical difficulties or unnecessary hardships result from unique circumstances related to the land, and are not the result of the actions of the landowner as shown by the following evidence:
______________________________________________________________________
3. The Variance is the minimum action that will make possible a reasonable use of land or structures as shown by the following evidence:
_____________________________________________________________________
4. The Variance is in harmony with the general purpose and intent of this Ordinance and preserves its spirit as shown by the following evidence:
______________________________________________________________________
5. In the granting of the Variance, public safety and welfare have been assured and substantial justice has been done as shown by the following evidence:
______________________________________________________________________
Motion to approve the variance as requested but with added conditions
Findings of Fact Required to Approve this Request with added conditions:
1. Strict application of the Ordinance requirements results in practical difficulties and unnecessary hardships as shown by the following evidence:
___________________________________________________________________
2. Any practical difficulties or unnecessary hardships result from unique circumstances related to the land, and are not the result of the actions of the landowner as shown by the following evidence:
___________________________________________________________________
3. The Variance is the minimum action that will make possible a reasonable use of land or structures as shown by the following evidence:
___________________________________________________________________
4. The Variance is in harmony with the general purpose and intent of this Ordinance and preserves its spirit as shown by the following evidence:
___________________________________________________________________
5. In the granting of the Variance, public safety and welfare have been assured and substantial justice has been done as shown by the following evidence:
___________________________________________________________________
Motion to deny the variance as requested.
Findings of Fact Statements Required to Deny this Request:
1. There is not sufficient evidence that the strict application of the Ordinance requirements results in practical difficulties and unnecessary hardships as shown by the following evidence:
________________________________________________________________
2. There is not sufficient evidence that any practical difficulties or unnecessary hardships result from unique circumstances related to the land, and are not the result of the actions of the landowner as shown by the following evidence:
_______________________________________________________________
3. There is not sufficient evidence that the Variance is the minimum action that will make possible a reasonable use of land or structures as shown by the following evidence:
_______________________________________________________________
4. There is not sufficient evidence that the Variance is in harmony with the general purpose and intent of this Ordinance and preserves its spirit as shown by the following evidence:
_______________________________________________________________
5. There is not sufficient evidence that in the granting of the Variance, the public safety and welfare have been assured and substantial justice has been done as shown by the following evidence:
_______________________________________________________________.
Recommended Action:
N/A
Attachments:
1. Application
2. Aerial Notification Map
3. Zoning Map
4. Land Use Map
5. Subject Property Photos
6. Surrounding Property Photos