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: March 25, 2024
RE:
Title
P24-08. Rezoning of 4.75 acres ± from Community Commercial (CC) and Single Family Residential 6 (SF-6) to Mixed Residential 5 (MR-5), located at 5510 and 5414 Bragg Blvd. (REID #’s 0419310372000 and 0419311002000), and is the property V Capital LLC, represented by Lori Epler of Larry King & Assoc.
end
COUNCIL DISTRICT(S):
Council District(s)
4 - D.J. Haire
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.
Goal IV: The City of Fayetteville will be a highly desirable place to live, work, and recreate.
• 4.6: To reduce poverty and homelessness.
Executive Summary:
The applicant is requesting a straight rezoning of two properties totaling 4.75 acres ± from Community Commercial (CC) and Single Family Residential 6 (SF-6) to Mixed Residential 5 (MR-5).
The Zoning Commission recommended approval with a 5-0 vote on February 13, 2024. There were two speakers signed up, both in favor of the project, and only the applicant, Lori Epler, spoke to the Commission.
Background:
Owner: V CAPITAL LLC
Applicant: Lori Epler of Larry King & Assoc.
Requested Action: CC & SF-6 to MR-5
REID #s: 0419310372000 & 0419311002000
Council District: 4 - D.J. Haire
Status of Properties: Existing rental houses and mobile homes.
Size: 4.75 acres ±
Adjoining Land Use & Zoning:
• North: SF-6 - Residential
• South: MR-5/CZ, CC/CZ, and CC - UHAUL and open space
• East: SF-6 - Mobile Homes
• West: CC - Vacant and Residential across Bragg Blvd
Annual Average Daily Traffic: Bragg Blvd - 20,000
Postcards Mailed: 68
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 and 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 Medium Density Residential (MDR) and Neighborhood Mixed Use (NMU). NMU areas are primarily characterized by neighborhood-scale commercial uses, featuring a harmonious mix of horizontal and selectively placed vertical elements. The architectural landscape typically comprises buildings ranging from 1 to 3 stories, fostering a sense of community. Residential components within these areas include smaller-scale multi-family dwellings, attached residences, and single-family homes on compact lots. Additionally, on the periphery, there is a presence of lower-density residential structures, contributing to the overall diversity and character of the NMU zones. MDR areas exhibit a distinctive character, predominantly featuring single-family residential neighborhoods characterized by small lots, typically accommodating 3-6 dwellings per acre. In addition to single-family homes, these neighborhoods incorporate duplexes or townhomes interspersed throughout, fostering a diverse and dynamic housing landscape. Where feasible, low-rise apartments are strategically positioned within MDR zones, contributing to housing variety. While these areas are primarily designed to accommodate automobile traffic, there is an effort to create pockets of walkable neighborhoods and destinations, enhancing the overall accessibility and livability of MDR communities.
Issues/Analysis:
History:
According to Cumberland County tax records, these parcels, along with the residential subdivision, have been established since the late 1940s. Aerial imagery provided by the Cumberland County GIS indicates that the subdivision has remained unchanged from 1968 to the present day. V Capital LLC successfully acquired these properties from Homeland, Incorporated in October 2023.
Surrounding Area:
The surrounding area exhibits a diverse mix of land uses and zoning designations. To the north, the landscape is characterized by SF-6 zoning, indicating a predominantly residential zone. To the south, a combination of MR-5/CZ, CC/CZ, and CC designations suggests a blend of commercial and industrial activities, with the presence of a UHAUL facility and open spaces. Moving eastward, the SF-6 zoning prevails, featuring mobile homes as a prevalent land use. On the western side, CC zoning dominates, with vacant spaces and residential areas situated across Bragg Blvd. This assortment of land uses and zoning patterns contributes to the varied character of the surrounding area, reflecting a mix of residential, commercial, and open spaces.
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 proposing a rezoning initiative for two parcels currently designated as Community Commercial (CC) and Single Family Residential 6 (SF-6) to transition them to Mixed Residential 5 (MR-5). The Mixed Residential 5 (MR-5) zoning district is established to address the diverse housing needs of city residents, accommodating a broad range of residential housing types and arrangements at moderate to high densities. This includes single-family detached dwellings, two- to four-family dwellings, multi-family dwellings, as well as other residential developments such as single-family attached dwellings and zero lot line developments, all subject to the requirements outlined in the Ordinance. All developments within the MR-5 district must adhere to the specified design standards detailed in Article 30-5: Development Standards. Additionally, MR-5 districts have the potential to incorporate centrally-located open spaces, complementary institutional uses (e.g., religious institutions, post offices, police sub-stations), daycare facilities, and limited small-scale neighborhood-serving convenience retail uses, as outlined in 30-4.D. Accessory Uses. This proposed rezoning aligns with the intention of fostering diverse housing options and community amenities while adhering to established standards and guidelines.
Straight Zoning:
The request is for a straight rezoning from Community Commercial (CC) and Single Family Residential 6 (SF-6) to Mixed Residential 5 (MR-5).
The reclassification of land to a base zoning district without conditions grants permission for all uses listed in the Use Table within the UDO. It's important to note that the Zoning Commission may not take into account specific conditions or restrictions concerning the spectrum of allowable uses, use standards, development intensities, development standards, and other pertinent regulations during their deliberations. The absence of conditions implies a broad acceptance of the full range of uses stipulated in the UDO's Use Table.
Land Use Plan Analysis:
This rezoning plays a role in realizing the Strategic Operating Plan and Goals. Under Goal II, focusing on a responsive city government supporting a diverse and viable economy, the rezoning contributes directly to Objective 2.1 - ensuring a diverse city tax base. The rezoning also resonates with Objective 2.4, aiming to sustain a favorable development climate to encourage business growth. The proposal dovetails seamlessly into Goal III, emphasizing the city’s investment in today and tomorrow. Specifically, Objective 3.2 to manage the city’s future growth and strategic land use is addressed through this rezoning effort.
In consonance with Goal IV, envisioning Fayetteville as a highly desirable place to live, work, and recreate, the proposed rezoning addresses sub-goal 4.6, which seeks to reduce poverty and homelessness. By aligning with these strategic objectives, the rezoning contributes significantly to the overarching vision for Fayetteville’s development and prosperity.
The rezoning proposal also meticulously adheres to the 2040 Comprehensive Plan’s Future Land Use Map & Plan. The plan recommends the development of the targeted area as Medium Density Residential (MDR) and Neighborhood Mixed Use (NMU). The proposed MR-5 zoning district encapsulates this vision by accommodating a broad spectrum of residential housing types and arrangements at moderate to high densities. This includes single-family detached dwellings, two- to four-family dwellings, multi-family dwellings, and other residential developments such as single-family attached dwellings and zero-lot line developments.
Modern planning best practices emphasize creating vibrant, mixed-use communities that cater to diverse housing needs. The proposed rezoning to MR-5 aligns with these contemporary principles by creating the potential for integrated centrally-located open spaces, complementary institutional uses, daycare facilities, and limited neighborhood-serving retail uses.
By fostering diverse housing options, encouraging economic growth, and contributing to the overall vibrancy of the community, the proposed MR-5 rezoning emerges as a forward-thinking and strategically sound initiative.
Consistency and Reasonableness:
According to the 2040 Future Land Use Plan, the proposed map amendment aligns with two primary objectives outlined within the plan: Firstly, it falls under Goal #1, which emphasizes the importance of concentrating investments and value around key infrastructure and strategic nodes. Secondly, it supports Goal #4, which aims to promote the development of neighborhoods that are safe, stable, and aesthetically pleasing. This alignment underscores the amendment's consistency with the plan's vision for strategic development and community wellbeing.
In accordance with the Land Use Policies and Strategies outlined in the plan, the proposed map amendment is directly aligned with several key sections. These sections include:
LU - 1: Encourage growth in areas well served by infrastructure and urban services, including roads, utilities, parks, schools, police, fire, and emergency services.
• 1.2: Encourage more intense uses, a greater mix of uses, and denser residential types in key focal areas.
o Regional Centers and Community Centers
o Neighborhood Mixed Use
o Downtown
• 1.7: Encourage a logical progression of housing development and discourage “leapfrog” development.
o Leapfrog development is a development that occurs in areas away from existing development and areas currently not served by infrastructure or adjacent to services, esp. water/sewer. This type of growth can lead to higher costs of providing urban services.
LU - 4: Create well-designed and walkable commercial and mixed-use districts.
• 4.1: Ensure new development meets basic site design standards
o Standards should include:
§ Connected streets, entrances, and parking lots
§ Sidewalks and pedestrian pathways on both sides of all public rights-of-way (at the minimum)
§ High-quality building materials
§ Landscaping, shading, and street trees
§ Perimeter buffers
§ Low-level parking lot screening
§ Storm water retention and infiltration
• 4.2: Encourage context-sensitive site design
o Design commercial and mixed-use areas to be walkable areas with pedestrian connections between uses and buildings.
§ Encourage buildings to be located close to the street, especially near key intersections, with parking located to the side or behind the buildings.
§ Require short block lengths (max. 400 to 600 feet) and connections to adjacent development (crosswalks, etc.).
o Ensure development standards specify:
§ Transition in building scale between new buildings and surrounding neighborhoods.
§ Building and parking orientation and design.
§ Landscaped buffers, tree save areas, and site design that proved transitions between more and less intense uses.
LU - 6: Encourage development standards that result in quality neighborhoods
• 6.1: Encourage quality neighborhood design by maintaining and improving standards for streets, sidewalks, stormwater, and open space.
o Require a connected system of streets in new development and stub outs to areas of future development.
o Require sidewalks in new developments along both sides of public roadways (including the frontage of properties and internal roads).
o Encourage commonly-accessible open spaces in new residential subdivisions.
o Require street trees in high-density residential developments and commercial areas.
o Require canopy trees in single-family neighborhoods.
LU - 7: Encourage a mix of housing types for all ages and incomes.
• 7.1: Allow a mix of housing, including attached and multi-family homes, to create diverse neighborhoods, especially within and near Downtown and designated Regional, Community, and Neighborhoods Centers.
o Establish incentives for encouraging select underutilized commercial areas and strip malls to be converted to higher-density residential uses.
• 7.2: Allow a mix of smaller-scale detached and attached housing in Medium Density Residential and Neighborhood Improvement areas (as identified on the future land use map).
o Housing types in these areas could include smaller-lot patio homes, duplexes, triplexes, quadplexes, and townhomes.
§ Greater flexibility in allowable housing types, setbacks, or parking requirements could be considered for Neighborhood Improvement areas to encourage reinvestment.
o Design standards could be implemented to encourage compatibility with existing development in these areas. Standards could include:
§ Architectural standards
§ Open space requirements
§ Parking design criteria (i.e. location, planting requirements).
LU - 10: Support land use, site design, and capital improvement initiatives that increase resiliency and reduce impacts from flooding and natural disasters.
• 10.1: Encourage on-site stormwater control measures that reduce the impacts of new development.
o Stormwater requirements should seek to mimic predevelopment conditions, limit impacts from new development on adjacent properties, and reduce the rate of stormwater runoff to avoid erosion of stream banks and encourage groundwater recharge.
Budget Impact:
While there won't be an immediate budgetary impact, this rezoning may have an economic impact in the future as it pertains to the collection of taxes.
Options:
1. City Council moves to approve the map amendment to MR-5 as presented based on the evidence submitted and find 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 find 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 map amendment to MR-5 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 Medium Density Residential (MDR) and Neighborhood Mixed Use (NMU).
• The uses permitted by the proposed change in zoning district classification and the 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. Affidavit of Ownership
9. City Council Presentation