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: May 22, 2023
RE:
Title
P23-11. Initial conditional zoning of two contiguous parcels totaling 4.68± acres, requesting annexation, to Heavy Industrial (HI/CZ) located at 1682 Middle River Loop (REID #0447464759000), being the property of Charles F. Horne, and 1662 Middle River Loop (REID #0447466947000), being the property of Billy D. Horne and Fay J. Horne, represented by Cynthia Smith of Moorman, Kizer & Reitzel, Inc.
end
COUNCIL DISTRICT(S):
Council District(s)
2 - Shakeyla Ingram
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:
Initial conditional zoning of two parcels totaling 4.68± acres, currently zoned Planned Commercial C(P) to Heavy Industrial (HI/CZ), located at 1682 Middle River Loop (REID#0447464759000) and 1662 Middle River Loop (REID#0447466947000), and being the properties of Charles F. Horne, Billy D. Horne, and Fay J. Horne, represented by Cynthia Smith of Moorman, Kizer & Reitzel, Inc. Zoning Commission unanimously recommended approval of the request for the initial zoning to HI/CZ.
Background:
Applicant: Cynthia Smith of Moorman, Kizer &Reitzel, Inc.
Owner: Charles F. Horne, Billy D. Horne, and Fay J. Horne
Requested Action: Initial zoning to Heavy Industrial (HI)
REID(s): 0447464759000 & 0447466947000
Prospective Council District: 2 - Shakeyla Ingram
Status of Property: Parcels are currently developed with four engineered steel frame buildings, a concrete, asphalt, and gravel parking/circulation area, and a chain link fence that runs along the north and northeast property lines. The two parcels are the site of Horne Brothers Communications, Inc. and Blue Ridge Power.
Size: 4.68 ± acres
Adjoining Land Use & Zoning:
• North: Cumberland County Zoning M(P) (allowing industrial uses)
• South: Single Family Residential 10 (across I95)
• East: Heavy Industrial (HI)
• West: Cumberland County Zoning Planned Commercial C(P) (allows for retail shopping uses, currently home to more industrial uses)
Letters Mailed: 41
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, this parcel has been identified for development with regional employment centers, including larger industrial uses or business parks under the Industrial/Employment Center (EC) designation.
Issues/Analysis:
History:
Between 1986 and 1994, these two parcels were subdivided from a larger 19.8-acre tract. Surveys conducted in 1992 and 1994 served as the basis for the subdivision map created for these parcels in 2003. The 19.8-acre tract was originally purchased by Billy D. Horne and Fay J. Horne from Clarence D. Godwin and Betty G. Ulrich and husband, William C. Ulrich in 1986. Then, on December 16, 1999, Charles F. Horne was granted ownership of the 1.37-acre lot. According to the Cumberland County tax card for the properties, the two buildings addressed 1662 and 1668 Middle River Loop were built in 1974, the building at 720 Mockernut Drive was built in 1995, and the building at 1682 Middle River Loop was built in 1994.
Surrounding Area:
To the north of this site, there is a 16-acre lot owned by Carolina Sun Investments, LLC, currently being used as open storage. Towards the east lies Larry’s Sausage Co. Inc., which is a facility for meat processing and distribution. Since this site is located adjacent to I-95 and fronts Middle River Loop, there are no direct developments to the south. Moving towards the west, there are three parcels of land occupied by Starr Electric Company Inc., Fulcher Electric (Traffic Signal Company), Truck Tire Pro, and Heritage Shutters.
Rezoning Request:
The applicant is seeking an initial conditional zoning of two parcels to Heavy Industrial (HI/CZ) in conjunction with a petition for annexation into the city's corporate limits. The reason for this request is to enable the existing use of a telecommunications contractor to continue and to facilitate the connection to water and sewer services. It's important to note that this use is a by-right use in the HI zoning district, hence the request to zone the parcels as Heavy Industrial (HI).
Conditional Zoning:
Land within the corporate limits of the city as well as land that falls within the Municipal Area of Influence is classified under one of the base zoning districts established by the Unified Development Ordinance (UDO). Land may be reclassified to one of several comparable zoning districts in accordance with Section 30-2. C. The Heavy Industrial District was established to accommodate heavy manufacturing, assembly, fabrication, processing, distribution, storage, and other large scale industrial uses that require extensive movement of outdoor vehicles, materials, and goods. Examples of specific uses that fit this description are warehouses, manufacturing facilities, machine shops, and automobile repair.
This rezoning request is to initially zone a parcel with conditions in conjunction with annexation to Heavy Industrial Conditional Zoning.
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.”
While the proposed zoning would allow for the existing use to continue, it's important to note that the existing site does not conform to the development standards of the Heavy Industrial (HI) zoning district. When a parcel is annexed into the corporate limits, any existing development or site work that conformed to the standards under which it was originally developed will be considered an existing non-conformity under the provisions for non-conformities in the UDO, Article 30-7. Consequently, a specific set of provisions apply to the existing site and all buildings/structures. Under 30-7. F.1, interior and exterior remodeling would require the correction of on-site deficiencies to meet existing standards for off-street parking, landscaping, perimeter buffers, screening, and open space standards. Under 30-7. F.2, additions and expansions to structures or non-conforming sites must correct existing site deficiencies related to street parking, landscaping, perimeter buffering, screening, and open space standards. These two provisions operate on a graduated system, meaning that the degree of compliance is directly related to the extent of the remodel, addition, and/or expansion. If any change of use occurs (as mandated by 30-7. F.3), the entire site must comply with the standards for off-street parking, landscaping, perimeter buffers, screening, and open space. If any further expansion, development, or change of use occurs on the site, it will require degrees of compliance with the current development standards to gradually bring the site into conformity.
Specifics of this Initial Conditional Zoning:
The applicant is requesting the following items be approved as conditions of approval of the initial zoning request:
1. The existing building setbacks from the adjoining property lines as well as the interior property remain as they currently exist on the site.
2. The existing use areas around the site remain as they currently exist and function.
3. The existing setbacks from the private street right of way remain as they currently exist.
4. The loading docks on the building at 1662 remain as they currently exist and function without additional screening.
5. The existing access points, vehicular use areas and parking around the site remain as they currently exist.
The purpose of these conditions is to make sure that any unforeseen damages to the property do not prevent the property owner from rebuilding according to the existing site conditions. If there are any changes made to the interior or exterior of the property, including remodeling, additions, or expansions, then the rules outlined in sections 30-7.F.1 and 30-7.F.2 must be followed. Additionally, if there is a change in how the property is being used, as stated in 30-7.F.3, the entire site must comply with off-street parking, landscaping, perimeter buffers, screening, and open space standards. If there are any future expansions, developments, or changes in use on the site, they will need to comply with current development standards to gradually bring the property into conformity.
Land Use Plan Analysis:
According to the Future Land Use Map, this parcel has been identified for development with regional employment centers, including larger industrial uses or business parks under the Industrial/Employment Center (EC) designation. The Heavy Industrial district allows for uses that fit within this category of land uses.
Consistency and Reasonableness Statements:
The Future Land Use Plan establishes 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 are no immediate budgetary impacts to rezoning these parcels, but there will be an economic impact associated with the annexation of these parcels.
Options:
1. City Council moves to approve the map amendment to HI/CZ as presented based on the evidence submitted and the five conditions listed above that have been submitted by the owners and finds that the map amendment/conditional zoning 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/conditional zoning to a more restrictive zoning district based on the evidence submitted and the five conditions listed above that have been submitted by the owners and finds that the map amendment/conditional zoning would be consistent with the Future Land Use Plan and an amended consistency and reasonableness statement.
3. City Council moves to deny the map amendment/conditional zoning based on the evidence submitted and finds that the map amendment/conditional zoning is inconsistent with the Future Land Use Plan.
Recommended Action:
The Zoning Commission and Professional Planning Staff recommends that the City Council APPROVE the proposed map amendment to initially conditionally zone two parcels to Heavy Industrial Conditional Zoning (HI/CZ) based on the following:
• The proposed zoning map amendment adheres to the policies adopted in the Future Land Use Plan and can be made to conform with the provisions found in the Unified Development Ordinance (UDO). The Future Land Use Plan calls for the subject parcel to be developed as Industrial/ Employment Center (EC) and the proposed zoning district allows for uses that fit this category; and
• The proposed zoning district already exists east of the site and would promote compatible economic and commercial development consistent with Goal #2 of the Future Land Use Goals
• The proposed zoning district promotes logical and orderly development that would make no substantial impact upon the public health, safety, 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. Annexation Map
8. District Standards
9. Consistency and Reasonableness Statements
10. Slide Show