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 - Planner II
DATE: March 28, 2022
RE:
Title
P22-04. Initial Zoning from Commercial w/Plan (C(P)) Cumberland County to Community Commercial (CC), located at 3404 Cumberland Road (REID #0426007605000), containing 0.47 acres ± and being the property of Kodjo Sam Kouassi.
end
COUNCIL DISTRICT(S):
Council District(s)
5 - Johnny Dawkins
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 is requesting to be annexed into the City of Fayetteville with an initial zoning of Community Commercial (CC), which is a comparable equivalent to the existing C(P) zoning in the County. The surrounding properties are zoned a mix of Residential 6A and C3 in the County. This annexation is a satellite annexation as the property is not connected to the City of Fayetteville’s City Limit line.
The CC zoning district is established 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 February 8th, the Zoning Commission held a Legislative Hearing on this case. There was one speaker in favor and none in opposition. The Commission voted 5-0 to recommend approval.
Background:
The property is located on Cumberland Road, about a quarter mile east of Boone Trail.
Applicant: Kodjo Sam Kouassi
Owner: Kodjo Sam Kouassi
Requested Action: Rezoning from County C(P) to City of Fayetteville’s Community Commercial (CC)
Property Address: 3404 Cumberland Road
Council District: 5 - Johnny Dawkins
Status of Property: Commercial - Automotive wrecker service
Size: 047 acres or 20,473.2 square feet ±
Adjoining Land Use & Zoning:
• North: R6A - Single-Family Detached Residential
• South: R6A - Single-Family Detached Residential
• East: C3 - Commercial
• West: C3 - Commercial
Letters Mailed: 51
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 Neighborhood Improvement (NIR).
Neighborhood Improvement (NIR) is best described as an area that allows higher density redevelopment and missing middle housing to increase private reinvestment to revitalize neighborhoods. Target areas include clusters of vacant and or underutilized parcels. Policies focus on neighborhood improvement and reinvestment.
Issues/Analysis:
History:
According to the County tax records, this property was purchased in 2020. This property currently contains an Automotive Wrecker Service in the County.
The owner is requesting this annexation/initial zoning in order to be placed on the City’s towing/wrecker rotation.
Surrounding Area:
The site is located within the unincorporated area of the County and is surrounded by commercial and residential zoning. The majority of the surrounding land is a combination of Single-family housing to the north and south and commercial businesses to the east and west.
The applicant is requesting to rezone an area currently zoned under Cumberland County as C(P) to the city of Fayetteville’s CC which, with a Special Use Permit, would allow the operation of a automotive wrecker service.
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 zoning from C(P) to CC.
The CC District is established 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.
30-4.C.4.k.5. Use-Specific Standards - Automotive Wrecker Service <http://online.encodeplus.com/regs/fayetteville-nc/doc-view.aspx?pn=0&ajax=0&secid=10720>
Automotive wrecker service uses shall comply with the following standards:
a. The use shall be located at least 250 feet from any residential district, school, or child care center. In any of the districts in which this use may be located, the City Council <http://online.encodeplus.com/regs/fayetteville-nc/doc-view.aspx?pn=0&ajax=0&secid=11466> may through a special use permit request approve a reduction in the separation requirement upon a showing of good cause with supporting evidence and mitigation of impacts.
b. Vehicles shall not be stored on-site for more than 90 days.
c. Vehicles shall be stored to the rear of the principal structure, behind a wooden fence or masonry wall in accordance with Section 30-5.D <http://online.encodeplus.com/regs/fayetteville-nc/doc-viewer.aspx?ajax=0&tocid=005.030.005.004>, Fencing Standards.
The proposed zoning district is compatible with much of the area. This initial zoning would not present the issue of spot-zoning. However, this annexation is a satellite annexation request.
The reclassification of land to a straight zoning district allows all of the uses that are shown on the attached Use Table taken from the UDO. The City Council 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 Future Land Use Map & Plan, this area is recommended to be developed Neighborhood Improvement (NIR). Neighborhood Improvement (NIR) is best described as an area that allows higher density redevelopment and missing middle housing to increase private reinvestment to revitalize neighborhoods. Target areas include clusters of vacant and or underutilized parcels. Policies focus on neighborhood improvement and reinvestment.
While the present use and zoning of this property, C(P) - automotive wrecker service, does not meet the description of the NIR district in the City’s Land Use Plan, it does meet the City Council’s policy of annexing property from the County to its equivalent City zoning district.
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. Recommend approval of the map amendment/initial zoning to CC (recommended);
2. Recommend approval of the map amendment/rezoning to a more restrictive zoning district; or
3. Recommend denial of the rezoning request.
Recommended Action:
The Zoning Commission and Professional Planning Staff recommend APPROVAL of the initial zoning/map amendment to CC based on the following:
• The proposed zoning initial zoning/map amendment implements long standing annexation policies used by the City Council to match the existing County zoning to the equivalent City zoning district when property is annexed.
• The uses permitted by the proposed change in 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. Consistency and Reasonableness Statements