TO: Mayor and Members of City Council
THRU: Zoning Commission
FROM: Demetrios Moutos, Planner I
DATE: August 12, 2025
RE:
Title
P25-41: Conditional Rezoning Request from MR-5 and NC to CC/CZ, NC, and AR for approximately 19.02 Acres Located at 0 Morganton Road (REID #0408149306000)
end
COUNCIL DISTRICT(S):
Council District(s)
District 4 - Councilmember D.J. Haire
b
Relationship To Strategic Plan:
This request aligns with the following City Strategic Plan goals:
• Goal II: Responsive City Government Supporting a Diverse and Viable Economy
o Objective 2.1: Ensure a diverse city tax base
o Objective 2.4: Sustain a favorable development climate to encourage business growth
• Goal III: City Invested in Today and Tomorrow
o Objective 3.2: Manage the City’s future growth and strategic land use
• Goal IV: Desirable Place to Live, Work, and Recreate
o Objective 4.5: Ensure a place for people to live in great neighborhoods
Executive Summary:
Franklin Johnson Commercial, represented by Tom Lloyd, is requesting a conditional rezoning for approximately 19.02 acres located at 0 Morganton Road from Mixed Residential 5 (MR05) and Neighborhood Commercial (NC) to Community Commercial Conditional Zoning (CC/CZ), Neighborhood Commercial (NC), and Agricultural Residential (AR). The purpose of this request is to facilitate the development of a mixed-use site that combines commercial, office, warehouse/distribution, and storage uses, as well as low-intensity residential/agricultural uses, in environmentally sensitive areas.
The property is currently undeveloped and situated near the intersection of Morganton Road and Bonanza Drive. It was previously rezoned in January 2023 to Mixed-Residential (MR-5) under Case P23-04, but was not developed under that designation.
Background:
• Parcel: REID #0408149306000
• Size: Approximately 19.02 acres
• Annexation: Property was annexed into the corporate limits in 1994
• Prior Rezoning: In January 2023, the property was rezoned from SF-6, AR, and NC to MR-5 (Case P23-04), intended to allow a mix of residential uses. The proposed project under that rezoning was not pursued.
• Current Zoning: MR-5 and NC
• Proposed Zoning: CC/CZ, NC, and AR
• Ownership History: Originally part of the Bowles Farm Limited Partnership, transferred to the current ownership group in 2012.
Surrounding Zoning and Land Use:
• North: SF-10 (Residential) and a secondary school
• South: SF-10 and low-density residential
• East: NC and a City recreation center
• West: AR and active agricultural use
Issues/Analysis:
Land Use Context and Policy Alignment:
The Future Land Use Map (FLUM) designates portions of the subject property as Medium Density Residential (MDR), Neighborhood Mixed Use (NMU), and Parks and Open Space (PARKOS). These character areas suggest a mix of residential development types, neighborhood-scale commercial and service uses, and the preservation of open spaces. The proposed rezoning aligns with these designations by concentrating commercial and warehouse uses in areas identified as NMU, preserving flood-prone and environmentally sensitive areas through AR zoning (consistent with PARKOS), and respecting the residential character of the MDR portions through use limitations, buffering, and compatible transitions.
The proposed rezoning aligns with several policies of the 2020 Future Land Use Plan, including:
• LU-1.1 & 1.6: Promotes compact development in areas with available infrastructure
• LU-2.1 & LU-2.5: Supports strategic economic development and warehouse/office opportunities
• LU-4.1 & LU-4.2: Encourages walkable, connected commercial and mixed-use districts
• LU-8.2 & LU-10.4: Guides development away from environmentally sensitive areas such as floodplains
Environmental Constraints: The site is bisected by a tributary of Persimmon Creek, and a significant portion lies within the 100-year floodplain. The applicant has proposed AR zoning for these low-lying and steeply sloped areas, which ensures the protection of the floodway, stormwater integrity, and ecological function. This zoning approach directly supports preservation and hazard mitigation policies (LU-8.2, LU-10.4).
Topography: A contour analysis shows elevation ranges from approximately 180 to 240 feet, with steep slopes on the eastern and northeastern portions. The proposed development focuses on flatter, more suitable land near Morganton Road, reserving steeper and more vulnerable terrain for low-intensity AR zoning.
Transportation and Access: The property is conveniently located on Morganton Road, providing access to key corridors, including Yadkin and Skibo Roads, and is situated near Bonanza Drive. Lateral access to adjacent parcels is proposed. No significant new infrastructure is required at this time; however, sidewalk or pedestrian improvements may be considered during the site plan review.
Prior Zoning History (P23-04):
• In January 2023, the property was rezoned to MR-5 to allow a broad mix of residential housing types.
• That request aligned with the MDR designation but did not contemplate commercial demand.
• The current request reflects updated market considerations and infrastructure alignment, especially for small-scale warehouse and service uses at a key node.
Use Limitations (CC/CZ): The applicant has submitted a list of permitted uses for the CC/CZ portion of the site, which includes:
• Mixed-use development
• Multi-family residential
• Personal services establishment
• Brew pub
• Parcel service
• Warehouse and distribution (including beer and wine)
• Grocery store
• Wholesale and retail sales
These limitations, along with the requirements for buffering and lateral access, are intended to ensure compatibility with surrounding residential and civic uses.
Budget Impact:
There is no direct fiscal impact from this request. If developed, the project may lead to a long-term increase in the local tax base, supporting nearby retail and employment opportunities.
Options:
1. Approval of the application subject to the conditions included in the application;
2. Approval of the application, subject to any revised or additional conditions agreed to by the applicant, in writing;
3. Approval of the application with a reduction in the area included; or
4. Denial of the application.
Recommended Action:
Staff recommends APPROVAL of the proposed rezoning:
• The request aligns with the Future Land Use Plan designations and promotes land use compatibility through transitional zoning and conditional use limitations.
• It protects flood-prone and environmentally sensitive areas by assigning AR zoning to low-lying and steep terrain, supporting stormwater management and hazard mitigation goals.
• The request responds to updated market conditions and supports neighborhood-serving commercial development at a strategic location with existing infrastructure.
Attachments:
1. Application (P25-41)
2. List of Proposed Conditions and Survey
3. Aerial Map
4. Zoning Map
5. Future Land Use Map
6. Subject Property Photo
7. Surrounding Property Photos
8. Consistency and Reasonableness Statements