TO: Mayor and Members of City Council
THRU: Kelly Olivera - Assistant City Manager
Dr. Gerald Newton, AICP - Development Services Director
FROM: Will Deaton, AICP, CFM, CZO - Planning & Zoning Division Manager
Craig M. Harmon, CZO - Senior Planner
DATE: November 25, 2024
RE:
Title
P24-39. Rezoning from Single-Family Residential 10 (SF-10) to Mixed Residential 5 (MR-5) located at 411 Jefferson Dr (0406880746000) totaling 0.32 acres ± and being the property of Sophia Rickard.
end
COUNCIL DISTRICT(S):
Council District(s)
5 - Greene
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
Goal III: City invested in Today and Tomorrow
• Objective 3.2 - To manage the City's future growth and strategic land use.
Goal IV: Desirable Place to Live, Work, and Recreate
• Objective 4.5 - To ensure a place for people to live in great neighborhoods
Executive Summary:
The applicant has requested to rezone 411 Jefferson Drive from Single Family Residential 10 (SF-10) to Mixed Residential 5 (MR-5). The property is located in the back of Gallup Acres, a large single family subdivision that was platted in 1955.
On October 8, 2024 the Zoning Commission held a Legislative Hearing regarding this application. The Commission voted 5-0 to recommend approval.
Background:
Owner: Sophia Rickard
Applicant: Sophia Rickard
Requested Action: SF-10 to MR-5
REID #: 0406880746000
Council District: 5 - Green
Status of Property: Vacant (house burned between 1995 and 2001)
Size: 0.32 acres
Adjoining Land Use & Zoning:
• North: SF-10 - Single family houses
• South: SF-10 - Single family houses
• East: SF-10 - Single family houses
• West: SF-10 - Single family houses
Annual Average Daily Traffic: No traffic counts on Jefferson Dr
Letters Mailed: 121
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 Low Density Residential. Low Density Residential calls for mainly single family residential with some accessory dwellings: occasionally with duplexes (if isolated) or townhomes. Lots are typically 1-4 dwellings per acre. Suburban, auto-oriented character with utility services.
Issues/Analysis:
History:
The subject property is part of Gallup Acres which was platted in 1955 and appears to have mostly built out by 1968.
Surrounding Area:
The surrounding area has similar single family ranch style houses. There are apartments at the far end of this development, closer to Raeford Road. There are no visible duplexes in the surrounding neighborhood. Under the SF-10 zoning only one unit would be allowed. Two units could be allow with a Special Use Permit (SUP) in an SF-6 zone. Three units would be allowed by right (no SUP) if rezoned to MR-5.
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.
Straight Zoning:
The request is for a rezoning from Single Family Residential 10 (SF-10) to Mixed Residential 5 (MR-5).
The Mixed Residential 5 (MR-5) zoning district is established and intended to meet the diverse housing needs of City residents by accommodating a wide variety of residential housing types and arrangements at moderate to high densities, including single-family detached dwellings, two- to four-family dwellings, multi-family dwellings.
The reclassification of land to a base zoning district without conditions allows all of the uses that are shown on the Use Table taken from the UDO. The Zoning Commission may not consider conditions or restrictions on the range of allowable uses, use standards, development intensities, development standards, and other applicable regulations.
Land Use Plan Analysis:
According to the Future Land Use Map & Plan, this general area is recommended to be developed as Low Density Residential calls for mainly single family residential with some accessory dwellings: occasionally with duplexes (if isolated) or townhomes. Lots are typically 1-4 dwellings per acre. Suburban, auto-oriented character with utility services.
According to the 2040 Future Land Use Plan, this proposed development falls within Goal #1: Focus value and investment around infrastructure and strategic nodes and Goal #4: Foster safe, stable, and attractive neighborhoods.
Under the plan’s Land Use Policies and Strategic section, subsection Strategic Compatible Growth, this proposed rezoning falls under the following sections:
LUP 1: Encourage growth in areas well-served by infrastructure and urban services, including roads, utilities, parks, schools, police, fire, and emergency services.
• 1.6: Require adequate infrastructure to be in place prior to or in tandem with new development
• 1.7: Encourage a logical progression of housing development and discourage “leapfrog” development.
LUP 3: Encourage redevelopment along underutilized commercial strip corridors and reinvestment in distressed residential neighborhoods.
• 3.1: Examine and identify targeted redevelopment and infill areas throughout the city.
LUP 4: Create well-designed and walkable commercial and mixed-use districts
• 4.1: Ensure new development meets basic site design standards
• 4.2: Encourage context-sensitive site design
LUP 6: Encourage development standards that result in quality neighborhoods
• 6.1: Encourage quality neighborhood design through maintaining and improving standards for streets, sidewalks, stormwater, and open space.
LUP 7: Encourage a mix of housing types for all ages and incomes
• 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).
Consistency and Reasonableness Statements:
The Future Land Use Plan also sets forth written goals, policies, and strategies. This application does not meet the goals of the Land Use Plan found on the attached Consistency and Reasonableness form.
Conclusion:
The Zoning Commission concluded that a rezoning to MR-5 would not harm the surrounding properties due to the size of the lot in question. It also concluded that a rezoning was necessary to spur redevelopment of a property that has stood vacant since the 1980’s.
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. Approve the map amendment to MR-5 as presented based on the evidence submitted and finds that the rezoning is consistent with the Future Land Use Plan and amend the attached consistency and reasonableness statement. (Recommended by the Zoning Commission)
2. Approve the map amendment to a more restrictive zoning district based on the evidence submitted and finds 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 finds that the map amendment is inconsistent with the Future Land Use Plan. (Recommended by Staff)
Recommended Action:
The Zoning Commission recommends that the City Council APPROVE the map amendment request 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 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.
Note: The Professional Planning Staff recommended that the Zoning Commission DENY the map amendment request to MR-5.
Attachments:
1. Plan Application
2. Aerial Notification Map
3. Zoning Map
4. Land Use Plan Map
5. Subject Property
6. Surrounding Property Photos
7. Consistency and Reasonableness Statement
8. Zoning Commission Meeting Minutes