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 Manager
Heather Eckhardt, CZO - Planner II
DATE: November 27, 2023
RE:
Title
P23-44. Conditional rezoning from Downtown 2 (DT-2) to Downtown 2 Conditional Zoning (DT-2/CZ) located at 328 Person Street (REID 0437738057000), totaling 1.93 acres ± and being the property of 328 Person St LLC
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
• 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 has requested to conditionally zone the property at 328 Person Street from Downtown 2 (DT-2) to Downtown 2 Conditional Zoning (DT-2/CZ). The only proposed condition is to allow light manufacturing in the DT-2 zoning district. The proposed tenant is 4D Signs, a commercial sign company. The Unified Development Ordinance classifies sign-making as a type of light manufacturing.
The Zoning Commission held a legislative hearing on November 14, 2023, and voted unanimously to recommend approval of the rezoning request. There was one speaker in favor and no speakers in opposition.
Background:
Applicant: Nael Aziz
Owner: 328 Person St LLC
Requested Action: Conditional rezoning to DT-2/CZ
REID #: 0437738057000
Council District: 2 - Shakeyla Ingram
Status of Property: One commercial building
Size: 1.93 acres
Adjoining Land Use & Zoning:
• North: DT-2 - Commercial strip center and hotel
• South: DT-2 - Vacant lot
• East: DT-2 - Vacant lot and office building
• West: DT-2 - Mental health center and retail store
Annual Average Daily Traffic: Person Street: 9,900 (2021)
E Russell Street: 8,700 (2021)
Letters Mailed: 108
Additional Reviews: This project was reviewed by the Technical Review Committee and standard comments were provided.
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 as well as 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 Downtown (DTMXU). The Downtown designation calls for intense commercial, retail, and service uses with many 5+ story buildings (especially in the core) as well as dense residential uses, stacked vertically and urban neighborhoods on edges.
Issues/Analysis:
History:
The subject property and immediate area have been within the city limits of Fayetteville since the 1800s. Per Cumberland County Tax records, the building on the subject property was built in 1971. The property was a furniture store, most notably Kimbrell’s Furniture, up until mid-2022 when the property was sold to the current owner, 328 Person St LLC.
The subject property is currently zoned Downtown 2 (DT-2) but prior to the creation of the DT-2 zoning district in 2022, the subject property was zoned Community Commercial (CC).
Surrounding Area:
The surrounding area is primarily commercial in nature with a combination of retail and office uses as well as the occasional restaurant. There are also numerous undeveloped lots in the area.
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.
Conditional Zoning:
The request is to rezone the subject property from Downtown 2 (DT-2) to Downtown 2 Conditional Zoning (DT-2/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 Rezoning:
The only proposed condition is to allow light manufacturing use in the DT-2 zoning district.
Land Use Plan Analysis:
According to the Future Land Use Map & Plan, it is recommended that this portion of the city should be developed as Downtown (DTMXU). The Downtown designation calls for intense commercial, retail, and service uses with many 5+ story buildings (especially in the core) as well as dense residential uses, stacked vertically and urban neighborhoods on edges. The Future Land Use Plan also sets forth written goals, policies, and strategies. This application follows the City’s strategic, compatible growth strategies and does meet the goals of the Land Use Plan found on the attached Consistency and Reasonableness form.
Conclusion:
While light manufacturing is not a use by-right in the DT-2 zoning district, the proposed use of the property for sign-making will not have a negative impact on the surrounding area. Although sign-making is classified as light manufacturing, a large portion of the building will be utilized for office and sales space and any construction of signs will take place inside the building. Additionally, the business will occupy a vacant building, provide a service to the city and surrounding area, and create job opportunities in the City of Fayetteville.
Budget Impact:
There is not an immediate budgetary impact but there will be an economic impact associated with this rezoning that will occur due to taxes collected in the future.
Options:
1. Approval of the amendment to the DT-2/CZ 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. Approval of 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. Deny the map amendment request based on the evidence submitted and find 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 move to APPROVE the map amendment to DT-2/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 Future Land Use Plan calls for the subject property to be developed as Downtown (DTMXU).
• 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. Building Plans
8. Consistency and Reasonableness Statement
9. Powerpoint