TO: Mayor and Members of City Council
THRU: Telly C. Whitfield, Ph.D. - Assistant City Manager
Dr. Gerald Newton, AICP - Development Services Director
Jennifer C Baptiste, CZO - Planning and Zoning Division Manager
FROM: Craig M. Harmon, CZO - Senior Planner
DATE: August 8, 2022
RE:
Title
P22-25. Initial zoning to Community Commercial Zoning (CC), for apartments and multi-use recreation facility, located end of Jim Johnson Road (REID #0455166197000), containing 69.94 acres ± and being the property of Charles Graham Johnson, represented by Del Crawford of Crawford Design Company.
end
COUNCIL DISTRICT(S):
Council District(s)
2 - Shakeyla Ingram
b
Relationship To Strategic Plan:
Strategic Operating Plan FY 2022
Goals 2026
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.
• Objective 3.3 - To sustain a favorable development and business climate through timely and accurate construction review and building inspection services
Goal IV: Desirable Place to Live, Work and Recreate
• Objective 4.3 - To improve mobility and connectivity through sidewalk, trail, and bike lane investments
• Objective 4.4 - To provide a clean and beautiful community with increased green spaces
• Objective 4.5 - To ensure a place for people to live in great neighborhoods
Executive Summary:
The owner of this property wishes to annex and initially zone a 69.94 acre ± property to CC - Community Commercial from Cumberland County’s C(P) - Commercial with a Plan and M(P) - Manufacturing with a Plan.
The Community Commercial (CC) District is established and intended to accommodate a diverse range of medium- to high-intensity retail, service, and office uses that provide goods and services serving the residents and businesses in the community at large-e.g., shopping centers, convenience stores, retail sales establishments, and heavier commercial uses (subject to approval of a Special Use Permit (see Section 30-2.C.7)).
On June 14, 2022, the Zoning Commission held a Legislative Hearing regarding this case. There were no speakers in opposition. The Commission voted 5-0 to recommend approval.
Background:
This property is located at the end of Jim Johnson Road and Bureau Drive. This property is located in the City of Fayetteville’s Municipal Influence Area (MIA) and the owner has petitioned for annexation. This is a contiguous annexation and rezoning of property that runs along Interstate 95. Both commercial and rural zoning and uses surround this property.
Applicant: Del Crawford, Crawford Design Company.
Owner: Charles Graham Johnson, Cricket Council
Requested Action: C(P)& M(P) to CC
Property Address: End of Jim Johnson Road and Bureau Drive
Council District: 2 - Shakeyla Ingram
Status of Property: Large Lot - Undeveloped
Size: 69.94 acres ±
Adjoining Land Use & Zoning:
• North: CC - Hotels
• South: RR - Agricultural
• East: A1 - Interstate 95
• West: R10 - Agricultural
Letters Mailed: 20
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 Highway Commercial (HC) and a small section of Open Space Subdivisions (OSS).
Highway Commercial (HC) is best described as high intensity nonresidential uses often near major intersections an highway interchanges (hotels, gas stations, big box retail, fast food). Redevelopment not likely to include residential; buffers for adjacent uses.
Open Space Subdivisions (OSS) is best described as clustered residential or conservation subdivisions that reserve significant land for open space. Generally, 1-2 dwellings units per acre with the potential for utility service or septic systems.
Issues/Analysis:
History:
Although this is a straight initial zoning, the owner has submitted a site plan for apartments, cricket fields and other recreational facilities as part of the development of this 70 acre complex to the City’s Technical Review Committee (TRC).
Surrounding Area:
This property is located at the end of Jim Johnson Road and Bureau Drive. This property is currently in Fayetteville’s Municipal Influence Area (MIA) and the owner has petitioned for annexation. This is a contiguous rezoning of property that runs along Interstate 95. Both commercial and rural zoning and uses surround this property.
Rezoning Request:
The applicant is requesting to initially zone an area currently zoned C(P) and M(P) in Cumberland County to the City of Fayetteville’s CC which would allow commercial or multi-family development. This initial zoning would be seen as a one to one conversion from the County’s zoning.
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 straight initial zoning from C(P) and M(P) to CC.
The CC District is established and intended to accommodate a diverse range of medium- to high-intensity retail, service, and office uses that provide goods and services serving the residents and businesses in the community at large-e.g., shopping centers, convenience stores, retail sales establishments, and heavier commercial uses (subject to approval of a Special Use Permit (see Section 30-2.C.7)). The district is typically located along major arterials, at the intersection of arterials, and along growth corridors identified in City plans. Higher-density residential uses are encouraged on the upper floors of nonresidential establishments, and may exist as stand-alone buildings as part of a larger horizontal mixed- use development. The district is subject to standards intended to ensure development is compatible with surrounding uses as well as the design standards in Article 30-5: Development Standards.
The proposed zoning district is compatible with the area, as this district requires uses in keeping with the City’s Future Land Use Plan. This rezoning would not present the issue of spot-zoning.
The proposed zoning district is compatible with the area as similar City and County zoning already exists.
Land Use Plan Analysis:
According to Future Land Use Map & Plan, this area is recommended to be developed as Highway Commercial (HC) and Open Space Subdivisions (OSS)
Highway Commercial (HC) is best described as high intensity nonresidential uses often near major intersections an highway interchanges (hotels, gas stations, big box retail, fast food). Redevelopment not likely to include residential with buffers for adjacent uses.
Open Space Subdivisions (OSS) is best described as clustered residential or conservation subdivisions that reserve significant land for open space. Generally, 1-2 dwellings units per acre based on the potential for utility service or septic systems.
The entire subject property is located with the Fayetteville Municipal Influence Area and is located within an Area of Consideration for Future Annexation as adopted by the City Council on August 23, 2010.
Consistency and Reasonableness Statements:
The Future Land Use Plan also sets forth written goals, policies, and strategies. This application looks to follow the City’s strategic, compatible growth strategies by meeting the goals of the Land Use Plan found on the attached Consistency and Reasonableness form.
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 map amendment to CC. (recommended);
2. Approval of the map amendment to a more restrictive zoning district.
3. Move to deny the map amendment request.
Recommended Action:
The Zoning Commission and Professional Planning Staff recommend that the City Council move to APPROVE the initial zoning/map amendment to CC based on the following:
• The proposed zoning map amendment implements many of the policies adopted in the Future Land Use Plan (FLUP), and the Unified Development Ordinance. The Future Land Use Plan calls for this portion of the city to be developed as Highway Commercial (HC) and a small section of Open Space Subdivisions (OSS).
• The uses permitted by the CC zoning district classification and standards apply to such use and will be 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. Site Plan
8. Consistency and Reasonableness Statements