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 and Zoning Division Manager
Demetrios Moutos - Planner I
DATE: August 12, 2024
RE:
Title
P24-31: Rezoning of one property from Single-Family Residential 10 (SF-10) to Limited Commercial (LC) located at 0 ? Drive (REID: 9497959572000) totaling 1.35 acres ± and being the property of Judith Knowles Bunce, John O. Bunce, and Homeplace Holdings LLC, represented by Ashley Ballard of Deaco Group.
end
COUNCIL DISTRICT(S):
Council District(s)
7 - Brenda McNair
b
Relationship To Strategic Plan:
Strategic Operating Plan FY 2022
Goals 2027
• Goal II: Responsive City Government Supporting a Diverse and Viable Economy
o Objective 2.1: To ensure a diverse City tax base.
o Objective 2.4: To sustain a favorable development climate to encourage business growth.
• Goal III: City Invested in Today and Tomorrow
o Objective 3.2: To manage the City’s future growth and strategic land use.
Executive Summary:
Property owners are seeking to rezone a 1.35-acre parcel at the intersection of Cliffdale Road and Bunce Road from Single-Family Residential 10 (SF-10) to Limited Commercial (LC) to facilitate the development of a new convenience store with fuel sales. The Zoning Commission unanimously recommended approval of this proposal at a legislative hearing held on July 9, 2024.
Background:
• Owners: Judith Knowles Bunce, John O. Bunce, and Homeplace Holdings LLC
• Applicant: Larae Tucker
• Requested Action: SF-10 to LC
• REID #: 9497959572000
• Council District: 7 - Brenda McNair
• Status of Properties: Vacant
• Size: 1.35 acres ±
• Adjoining Land Use and Zoning:
• North: SF-10 and OI/CZ - Single Family
• South: LC and SF-10 - Diamond Outdoor Products
• East: SF-10 - Vacant
• West: LC and MR-5 - 365 Fast Mart and Hidden Creek Village Apartments
• Annual Average Daily Traffic 2022
o Cliffdale Road: 28,000
o Bunce Road: 13,000
• Postcards Mailed: 115
2040 Comprehensive Land Use Plan and Map:
Comprehensive plans and future land use maps are essential tools for guiding long-term development decisions. Fayetteville’s 2040 Comprehensive Plan, adopted in May 2020, is a product of extensive community engagement and outlines the city’s vision for future growth.
The plan designates the subject property for Neighborhood Mixed-Use development, allowing for a blend of residential and commercial uses within a walkable environment. This designation supports a mix of housing types, including multi-family, attached, and single-family homes, with varying building heights up to three stories. Lower-density development is encouraged at the area's periphery.
Issues/Analysis:
Historical Narrative Based on Deed Records: Deed records provide a comprehensive history of the property, tracing its ownership and boundaries from the early 20th century to the present. A significant survey conducted by J.K. Strange in 1914 established the foundation for subsequent land divisions. Key transactions include the 1918 conveyance from John Salem Jones to W.F. Yarborough and W. Leighton Bunce, and the 1937 property divisions by E.L. Sales.
The property experienced increased activity in the mid-20th century. Multiple land transfers occurred, including those involving Duncan B. Currie, Margaret H. Bruton, Franklin B. Clark, and R.H. Owen. This period also saw the involvement of Swanna Paschall White, Mary Dockey Smith, and John A. Gates in various property transactions.
The most recent ownership transfer took place on November 8, 2022, when Brian Paul Burkhard and Martha Nichols Johnson conveyed the property to Homeplace Holdings, LLC. This deed incorporates historical land details while adhering to modern legal standards.
Throughout its history, precise boundary definitions have been essential. Detailed surveys referenced landmarks like Chicken Road and Hope Mills Road, establishing clear property lines. Easements, rights-of-way, and zoning ordinances have been carefully documented to ensure compliance with land use regulations.
The property's history reflects the dynamic changes in Cumberland County over a century. Deed records offer a detailed account of ownership, boundaries, and legal complexities, providing valuable insights into the property's development and the area's transformation.
History Based on Aerial Imagery: Cumberland County GIS records indicate the property has remained vacant and largely undeveloped since at least 1968. While initially characterized by minimal vegetation, the site has evolved into a predominantly forested area with thick undergrowth, as depicted in the most recent imagery.
Rezoning Request: This proposal seeks to rezone a 1.35-acre vacant parcel from Single-Family Residential 10 (SF-10) to Limited Commercial (LC) to accommodate a new convenience store with fuel sales. The property, comprised of two parcels (REID: 9497953806000 and 9497959572000), has not been the subject of a zoning change request in the past five years. While one parcel is already zoned LC, the other requires rezoning to match the proposed use.
The LC zoning district permits a range of moderate-intensity commercial activities serving multiple neighborhoods, including grocery stores, gas stations, restaurants, and retail shops. This zoning category prioritizes compatibility with residential areas, discouraging high-impact commercial uses. Mixed-use development, with residential units above commercial spaces, is encouraged. The property is connected to public water and sewer infrastructure and has not been recently annexed.
Project Justification According to the Applicant: The applicant contends that the proposed rezoning aligns with the city’s comprehensive plan and supports long-term planning goals. A convenience store is seen as addressing a demonstrated community need for additional services in the area. The rezoning will create a more cohesive development pattern by complementing the adjacent LC-zoned parcel.
The project is anticipated to promote logical and orderly growth by expanding existing commercial uses within a designated area. It will enhance service provision for nearby residents without inducing premature development. Furthermore, the applicant asserts that the project will have minimal environmental or economic impacts and will avoid creating an isolated commercial strip.
Straight Zoning: This request is for a direct rezoning of the property from Single-Family Residential 10 (SF-10) to Limited Commercial (LC) without any conditions. Rezoning reclassifies the land, allowing for the uses specified in the Unified Development Ordinance’s (UDO) Use Table for the LC zoning category. The City Council cannot impose additional restrictions or requirements on permitted uses, building size, or other development standards.
Land Use Plan Analysis:
Site Overview:
The 1.35-acre subject property is currently vacant and densely wooded. Historical aerial imagery indicates the land was cleared in 1968 before reverting to its natural state.
• North: The property is bordered by Single-Family Residential 10 (SF-10) and Office/Institutional/Commercial Zoning (OI/CZ) districts. While single-family homes present potential compatibility challenges, the OI/CZ district may offer opportunities for commercial development.
• South: The site adjoins a mix of Limited Commercial (LC) and Single-Family Residential (SF-10) zoning. This context supports the proposed rezoning to LC, aligning with the existing commercial use of Diamond Outdoor Products and the neighborhood-serving commercial focus of the Future Land Use Plan (FLUP). However, potential residential development in nearby SF-10 areas may require mitigation measures for traffic and noise impacts.
• East: The adjacent vacant SF-10 land presents an opportunity for future residential development that could benefit from the proposed convenience store. Careful planning is essential to minimize construction impacts on potential future residents.
• West: The presence of a 365 Fast Mart convenience store in the LC zone indicates market demand for similar services. However, the nearby Hidden Creek Village Apartments (MR-5 zone) necessitates careful planning to mitigate potential traffic and noise impacts on residents.
Compatibility Analysis with FLUP:
The proposed rezoning aligns with the Future Land Use Plan (FLUP) designation of Neighborhood Mixed Use in several ways:
• Mixed-Use Development: The rezoning supports the FLUP’s vision for integrating commercial and residential uses, creating a dynamic and adaptable environment.
• Walkability: While the project can increase walkability by providing nearby retail options, substantial improvements to pedestrian infrastructure are necessary. Enhancing sidewalks, crosswalks, and traffic calming measures on Bunce Road and Cliffdale Road would significantly improve walkability in the area. The proposed development will contribute modestly to these efforts.
Potential Discrepancies with FLUP:
While the proposed rezoning aligns with some aspects of the Future Land Use Plan (FLUP), potential discrepancies exist:
• Residential Integration: The LC zoning district’s emphasis on commercial uses may require careful planning to adequately incorporate residential components and fully realize the FLUP’s mixed-use vision.
• Density: The FLUP recommends lower-density development at the site’s periphery. Balancing the LC district’s potential for moderate-intensity commercial use with this recommendation will require thoughtful planning to avoid overwhelming surrounding residential areas.
Soil and Traffic Considerations:
The subject property is situated on faceville loamy sand with a moderate slope of 2-6%. While generally suitable for construction, proper erosion and drainage control measures are essential due to the site's inclination.
Cliffdale Road, with an AADT of 28,000 vehicles, has sufficient capacity to accommodate commercial development. However, careful traffic planning is required to mitigate potential congestion and ensure safety. Bunce Road, carrying an AADT of 13,000 vehicles, should also be considered in the development's traffic impact analysis.
Alignment with Modern Urban Planning:
The proposed rezoning is consistent with contemporary urban planning principles. By promoting mixed-use development, including potential residential components, the project contributes to creating a more vibrant and walkable community. Additionally, the proposal’s emphasis on compatibility with surrounding areas and incorporation of environmental safeguards aligns with sustainable development practices.
Conclusion:
The proposed rezoning aligns with the Future Land Use Plan’s (FLUP) vision for a mixed-use neighborhood by introducing moderate-intensity commercial development. To fully realize the FLUP’s goals, careful planning is essential to balance commercial activity with residential compatibility, address traffic concerns, and incorporate residential components. Successful implementation will require a focus on environmental protection, community engagement, and thoughtful design. The Technical Review Committee will play a critical role in ensuring that any future development aligns with these principles and adequately addresses the issues raised in this analysis.
Alignment with the 2040 Future Land Use Plan:
The proposed rezoning is consistent with the goals and strategies outlined in the 2040 Future Land Use Plan.
Strategic, Compatible Growth:
• Infrastructure Focus: The site's location at the intersection of Cliffdale Road and Bunce Road, areas with established infrastructure, aligns with the plan's emphasis on growth in well-served locations.
• Economic Development: The proposed convenience store supports the plan's goal of promoting economic development by providing services to multiple neighborhoods.
• Commercial Corridor Revitalization: The project contributes to the revitalization of underutilized commercial areas by introducing a new business to the corridor.
Safe, Stable, and Attractive Neighborhoods:
• Quality Neighborhoods: The LC zoning district's emphasis on compatibility with surrounding areas supports the creation of a stable and attractive neighborhood.
• Diverse Housing Options: While the immediate proposal focuses on commercial use, the potential for future residential development above commercial space aligns with the plan's goal of promoting a mix of housing types.
Environmental Stewardship:
• Open Space Preservation: The proposal can incorporate open space elements, exceeding the plan's minimum requirement and contributing to the overall green space network.
• Connected Greenways: Future planning efforts can integrate pedestrian pathways to connect the site to existing or planned greenways.
• Resiliency and Sustainability: By incorporating advanced stormwater management techniques and considering Low Impact Development (LID) strategies, the project can significantly reduce its environmental impact and contribute to the city's resiliency goals.
Budget Impact:
In the long term, the city can expect increased tax revenues from property and sales taxes, economic development benefits through job creation and business growth, and ongoing maintenance and service costs.
Options:
1. City Council moves to approve the map amendment to LC as presented, finding it consistent with the Future Land Use Plan as demonstrated in the attached consistency and reasonableness statement.
2. City Council moves to approve the map amendment to a more restrictive zoning district, finding it consistent with the Future Land Use Plan as demonstrated in the amended consistency statement.
3. City Council moves to deny the map amendment request, finding it 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 LC. This recommendation is based on the following findings:
• The proposed zoning change aligns with the Future Land Use Plan (FLUP) and the Unified Development Ordinance (UDO).
• Permitted uses and development standards for the LC district are appropriate for the site given surrounding zoning and land uses.
• There are no anticipated negative impacts to 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 Properties
6. Surrounding Properties
7. Consistency and Reasonableness Statement
8. TRC Comments December 2023
9. P24-31 CC Presentation