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: March 25, 2024
RE:
Title
P24-09. Rezoning of .42 acres ± from Office and Institutional (OI) to Neighborhood Commercial (NC), located at 916 Hay Street (REID #’s 0437150542000), and being the property Cardassi-Langley Investments LLC, represented by Casey Benander.
end
COUNCIL DISTRICT(S):
Council District(s)
2 - Malik Davis
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 is requesting a straight rezoning of one parcel totaling 0.42 acres ± from Office/Institutional (OI) to Neighborhood Commercial (NC).
The Zoning Commission unanimously recommended approval with a 5-0 vote on February 13, 2024. Only one speaker, the applicant, signed up to speak during the meeting.
Background:
Owner: Haymount Homes LLC
Applicant: Casey Benander
Requested Action: OI to NC
REID #s: 0437150542000
Council District: 2 - Malik Davis
Status of Properties: Existing behavioral counseling and substance abuse treatment
Size: 0.42 acres ±
Adjoining Land Use & Zoning:
• North: OI - Residential
• South: OI - Mega Force Staffing and other commercial operations
• East: OI - Bradford Scott Hancox, Attorney at Law and The Hatley Law Firm, PLLC
• West: OI - Fleming & Associates, P.A. Consulting Engineers
Annual Average Daily Traffic: Bragg Blvd - 19,500
Postcards Mailed: 186
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 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.
Issues/Analysis:
History:
The subject property is situated within the Village at Belmont subdivision in Haymount. A residential structure of progressively expanding sizes has occupied the lot since at least 1968, as evidenced by aerial photography from Cumberland County GIS. The original building dates back to 1848 and has undergone several additions and remodels over the years. In December 2023, Haymount Homes LLC acquired the property from Cardassi-Langley Investments, LLC.
916 Hay Street has been officially recognized and designated as a Local Landmark, bearing the name of the Taylor-Utley House, and is additionally registered on the National Register of Historic Places.
Surrounding Area:
The surrounding land use and zoning of the area exhibit a diverse mix of activities. To the north, the zoning is designated as OI - Residential, suggesting a predominantly residential character. In contrast, to the south, the area is characterized by OI zoning, housing Mega Force Staffing and various other commercial operations, implying a more business-oriented environment. The eastern side features OI zoning as well, hosting Bradford Scott Hancox, Attorney at Law, and The Hatley Law Firm, PLLC, indicating a blend of legal and professional services. On the western side, the zoning is designated as OI, accommodating Fleming & Associates, P.A. Consulting Engineers, showcasing a focus on engineering and consultancy services. This assortment of land uses and zoning patterns contributes to the dynamic and multifaceted character of the surrounding 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.
The applicant is presenting a proposal to rezone a single parcel currently designated as Office and Institutional (OI) to transition it into Neighborhood Commercial (NC). The purpose of the Neighborhood Commercial (NC) District is to cater to small-scale, low-intensity, and "convenience" retail and service uses that specifically serve the needs of the immediate surrounding neighborhood. This includes personal service uses, small-scale restaurants, and limited retail establishments. Importantly, the development within this district is expected to be in harmony with the residential character of the surrounding neighborhood, avoiding uses that are disproportionately large or draw significant traffic from beyond the immediate vicinity. Notably, any new construction intending to establish individual retail uses exceeding 2,500 square feet must secure a Special Use Permit, as outlined in Section 30-2.C.7. Furthermore, the encouragement of residential uses on the upper floors of nonresidential establishments emphasizes the district's commitment to mixed-use development. The proposed Neighborhood Commercial District is subject to stringent standards to ensure that its development aligns with the neighborhood scale, remains compatible with surrounding uses, and adheres to the design standards articulated in Article 30-5: Development Standards.
Straight Zoning:
The request is for a straight rezoning from Office and Institutional (OI) to Neighborhood Commercial (NC).
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:
The proposed rezoning of the parcel aligns strategically with the city’s vision as outlined in the Strategic Operating Plan, emphasizing economic diversity and sustainable development.
Objective 2.1 focuses on ensuring a diverse city tax base. The shift to Neighborhood Commercial zoning facilitates a mix of small-scale, low-intensity retail and service uses catering to the immediate neighborhood. This approach fosters economic diversity by accommodating a range of businesses that serve residents.
Objective 2.4 emphasizes sustaining a favorable development climate for business growth. The proposed rezoning encourages the establishment of “convenience” retail and service uses within the NC district, supporting local businesses and fostering economic vitality.
Objective 3.2 emphasizes managing the city’s future growth and strategic land use. The transition from OI to NC aligns with modern urban planning principles that promote mixed-use development, enhancing the overall functionality and sustainability of the area.
The 2040 Comprehensive Plan recommends the development of this portion of the city as Neighborhood Mixed Use (NMU). The proposed NC zoning is congruent with NMU principles, featuring small-scale commercial uses, a mix of building heights, and diverse residential components. The plan’s emphasis on community-oriented development with buildings ranging from 1 to 3 stories aligns with the proposed NC zoning, fostering a sense of community and neighborhood-scale commercial activities.
The historical context of the subject property reflects a pattern of progressive development. The surrounding area exhibits a dynamic mix of land uses, including residential, commercial, legal, and engineering services. The proposed rezoning to NC strategically complements this diversity, promoting a harmonious blend of low-intensity retail and service activities that cater specifically to the immediate neighborhood.
The proposed rezoning adheres to best practices by encouraging mixed-use development within the NC district. This approach reflects a commitment to creating vibrant, walkable neighborhoods with a diverse range of amenities, including small-scale retail and service establishments. The stringent standards outlined in Article 30-5: Development Standards ensure that the development aligns with the neighborhood scale, enhancing livability and sustainability.
This shift from OI to NC paves the way for a dynamic and economically viable neighborhood that prioritizes the needs and well-being of its residents.
Consistency and Reasonableness Statements:
According to the 2040 Future Land Use Plan, this proposed development falls within Goal #1 of the plan - Focus value and investments around infrastructure and strategic nodes, Goal #2 - Promote compatible economic and commercial development in key identified areas, and Goal #4 - Foster safe, stable, and attractive neighborhoods.
Under the plan’s Land Use Policies and Strategies section, this proposed development falls under the following:
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
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
§ Stormwater 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 provides 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 development and commercial areas.
o Require canopy trees in new single-family neighborhoods.
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 pre-development 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 NC 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 NC 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 a 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. City Council Presentation