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 Division Manager
Demetrios Moutos - Planner I
DATE: February 26, 2024
RE:
Title
P24-03. Conditional Rezoning of six parcels from Neighborhood Commercial (NC) and Community Commercial (CC) to Neighborhood Commercial Conditional Zoning (NC/CZ) totaling 0.84 acres ± and being the property of Cape Fear Regional Theatre at Fayetteville Inc., represented by Danielle Hammond of Urban Design Partners.
end
COUNCIL DISTRICT(S):
Council District(s)
Council District 5 - Lynne Greene
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 applicant is requesting to conditionally rezone 0.84 acres ± from Neighborhood Commercial (NC) and Community Commercial (CC) to Neighborhood Commercial Conditional Zoning (NC/CZ).
The Zoning Commission recommended approval with a 4-1 vote on January 17, 2024.
Background:
Applicant: Danielle Hammond
Owner: Cape Fear Regional Theatre at Fayetteville INC.
Requested Action: Conditional Rezoning from NC and CC to NC/CZ
REID: 0437051425000, 0437050465000, 0437050459000, 0437050501000, 0427959571000, 0427959482000
Council District: 5 - Lynne Greene
Status of Property: Cape Fear Regional Theatre in Haymount
Size: 0.84 ± total acres
Adjoining Land Use & Zoning:
• North: NC
• South: CC and MR-5
• East: NC, MR-5, and OI
• West: CC and NC
Letters Mailed: 257
Land Use Plans:
With the adoption of the 2040 Comprehensive Plan: Future Land Use Map & Plan on May 26, 2020, all parcels within the city limits as well as parcels identified as being in the Municipal Influence Area (MIA) are subject to this plan.
According to the Future Land Use Map, these parcels are designated for development under the Neighborhood Mixed Use designation. This allows for neighborhood-scale commercial uses, a horizontal mix of uses (with vertical elements in key locations), buildings of 1-3 stories, and features smaller-scale multi-family, attached, and small lot single-family developments, with lower density towards the edges.
Issues/Analysis:
History:
The Cape Fear Regional Theater has been a longstanding fixture in Fayetteville and the Haymount community since the latter half of the 20th century, with the last major renovation occurring in 1988. In February 2022, plans were revealed for a comprehensive renovation of the theatre. The initial phase, initiated in 2021, involved the replacement of aging seating, the installation of a custom sound system, new carpeting, and the addition of handrails on the lower half of the theater. This rezoning corresponds to the second phase of the project, representing a holistic reimagining of the entire building.
Surrounding Area:
The properties seeking conditional rezoning exhibit diverse characteristics. In the middle, the property is currently zoned Neighborhood Commercial (NC) and functions as a restaurant with indoor or outdoor seating. To the south, another property under Neighborhood Commercial (NC) zoning operates as a retail sales establishment. Moving further south, a property under Community Commercial (CC) zoning is dedicated to professional services. Westward, another property under Community Commercial (CC) zoning functions as a drug store or pharmacy with drive-through service. To the north, across Hay Street, a property under Neighborhood Commercial (NC) zoning operates as a retail sales establishment. Adjacent to it, another property under Neighborhood Commercial (NC) zoning is designated for gasoline sales. Additionally, a property north across Hay Street serves as a retail sales establishment within the Neighborhood Commercial (NC) zone. Lastly, eastward across Highland Avenue, a property under Neighborhood Commercial (NC) zoning operates as a religious institution.
Conditional Zoning:
The request is to rezone the subject properties from NC and CC to NC/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 Zoning:
1. The maximum allowable lot coverage shall be 85%
a. The current UDO standard for non-residential maximum lot coverage in the NC zoning district is 55%.
2. The minimum front setback and corner side setback for non-residential use shall be 0’
a. The current UDO standard for non-residential front and corner side setbacks in the NC zoning district is a minimum of 10 feet.
3. The minimum side setback for non-residential use shall be 0’
a. The current UDO standard for non-residential side setbacks in the NC zoning district is a minimum of 3’.
4. The minimum rear setback for non-residential use shall be 0’
a. The current UDO standard for non-residential rear setbacks in the NC zoning district is a minimum of 20’.
5. The minimum building spacing for non-residential use shall be 0’
a. The current UDO standard for non-residential building spacing in the NC zoning district is a minimum of 20’.
6. There shall be no minimum number of required parking spaces
a. The UDO standard would require 1 space per every 4 seats within the theater.
7. No bicycle parking shall be required
a. Article 30-5.A.9
8. No off-street loading spaces shall be required
a. Article 30-5.A.10
9. Street trees shall not be required
a. Article 30-5.B.4
10. Site and building landscaping shall not be required around the perimeter of the building
a. 30-5.B.4.b
11. Commercial vehicular uses shall be separated from adjacent and adjoining commercial properties by a 3’ wide landscape strip with a continuous visual screen of evergreen shrubs along the property line, with a minimum height of 24” at the time of planting or by a 6’ tall screen fence
a. 30-5.B.4.c
Land Use Plan Analysis:
The City of Fayetteville's 2040 Comprehensive Plan and Future Land Use Map designate the parcels for Neighborhood Mixed Use (NMU). The proposed conditional rezoning is in harmony with this designation, facilitating an expansion of existing Neighborhood Commercial (NC) uses, as outlined in the proposed amendment. Owned by the non-profit organization Cape Fear Regional Theatre, the property plays a crucial role in the community, offering local entertainment and arts education. The proposed rezoning supports the continuation and expansion of these services, providing arts, culture, entertainment, and education to City residents. Notably, the rezoning preserves the current uses on the parcels, maintaining the existing Neighborhood Commercial (NC) or Community Commercial (CC) zoning. The objective is to introduce specific conditions allowing for the expansion of the theater building while retaining site features not necessarily permitted in the base zoning district. The proposed development aims to enhance the existing development pattern, creating a more cohesive neighborhood block and preserving the established urban form. Situated in an already developed area, the proposal is designed to integrate seamlessly with the current built environment, without encouraging premature development.
Consistency and Reasonableness Statements:
The Future Land Use Plan includes defined goals, policies, and strategies. This application aligns with the city's strategic growth strategies and fulfills the goals outlined in the attached Consistency and Reasonableness form.
Budget Impact:
While there won't be an immediate budgetary impact, this rezoning will have an economic impact in the future as it will lead to the collection of taxes.
Options:
1. City Council moves to approve the map amendment to NC/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 (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 & Professional Planning Staff recommend that the City Council APPROVE the map amendment to NC/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 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. District Standards
8. Article 30-5.A.9. Bicycle Parking
9. Article 30-5.A.10 Loading Spaces
10. Article 30-5.B.4 Street Trees
11. Article 30-5.B.4.b Site and Building Landscaping
12. Article 30-5.B.4.c Perimeter VUA Landscaping Strips
13. Signed Consistency and Reasonableness Statement
14. Site Plan
15. P24-03 CC PowerPoint