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 Division Manager
Demetrios Moutos - Planner I
DATE: November 27, 2023
RE:
Title
P23-40. Rezoning of 6.00 acres ± from Single Family Residential 6 (SF-6) to Mixed Residential 5 (MR-5), located at 1133 Berkshire Road (REID # 0427008217000), and being the property of Berkshire Beckham Capital Investments LLC, represented by Brad Schuler of Paramount Engineering, Inc.
end
COUNCIL DISTRICT(S):
Council District(s)
Council District 5 - Mayor Pro Tem Johnny Dawkins
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 to rezone 6.36 acres ± from Single Family Residential 6 (SF-6) to Mixed Residential 5 (MR-5), located at 1133 Berkshire Road (0427008217000).
The Zoning Commission voted 4-1 to recommend approval of the requested rezoning on October 10, 2023.
Background:
Applicant: Brad Schuler
Owner: BERKSHIRE BECKHAM CAPITAL INVESTMENTS LLC
Requested Action: Rezoning from SF-6 to MR-5
REID: 0427008217000
Council District: 5 - Mayor Pro Tem Johnny Dawkins
Status of Property: Residential - Currently consists of 33 apartment units within 10 townhome style buildings.
Size: 6.36 acres ±
Adjoining Land Use & Zoning:
• North: Tallywood Arms apartments (zoned MR-5)
• South: Single-family housing within the Glendale Acres subdivision (zoned SF-6)
• East: Amora East apartments (zoned MR-5)
• West: Single-family housing within the Owen Village subdivision (zoned SF-6)
Letters Mailed: 199
Land Use Plans:
With the adoption of the 2040 Comprehensive Plan: Future Land Use Map & Plan on May 26, 2020, all parcels within the city limits as well as parcels identified as being in the Municipal Influence Area (MIA) are subject to this plan.
As per the Future Land Use Map, this parcel has been designated for development featuring "150,000-400,000 sqft of nonresidential leasable space, with a mix of uses spanning 3-5 stories. The ground floors are primarily allocated for nonresidential purposes, while the upper floors may house office spaces or possibly residential units. The plan includes high-density residential areas intertwined with multi-family structures, with single-family homes located at the perimeter of the area." This falls under the Community Center (CC) designation.
Issues/Analysis:
History:
The property in question is situated within the Berkshire Apts. subdivision. Berkshire Beckham Capital Investments, LLC obtained the property from Alex J. Thompson, a free trader; Lisa M. Thompson f/k/a List T. Short, unmarried; and First Citizens Bank & Trust Company, Successor Trustee of the Irrevocable Life Insurance Trust executed on August 15, 1973 between Larry A. Thompson, as Grantor, and Wachovia Bank & Trust Company, N.A., as Trustee in May of 2022.
Surrounding Area:
The subject site is adjacent to both single-family and multi-family housing. It shares its northern border with the Tallywood Arms apartments (zoned MR-5). On the eastern side, it is neighbor to the Amora East apartments (zoned MR-5). To the south, there are single-family homes within the Glendale Acres subdivision (zoned SF-6). Lastly, to the west, the site faces single-family residences within the Owen Village subdivision (zoned SF-6).
Rezoning Request:
The applicant is seeking to rezone a parcel from SF-6 to MR-5. As stated by the applicant, " The proposed zoning amendment aligns with the 2040 Comprehensive Plan, which designates the subject site as a Community Center, encouraging mixed-use development and diverse housing types. Changing conditions and the need for more housing in Fayetteville support the amendment. It is compatible with surrounding areas, consistent with the current development pattern, and doesn't encourage premature development or strip-style commercial development. The proposal connects to adjacent zoning districts and is unlikely to adversely impact property values or the natural environment, as it involves reclassification within residential districts."
Straight Zoning:
Land within the city's corporate boundaries, as well as the Municipal Area of Influence, is classified into distinct base zoning districts established by the Unified Development Ordinance (UDO). The reclassification of land into equivalent zoning districts is feasible, adhering to the directives outlined in Section 30-2.C. The current rezoning petition seeks to reclassify a parcel into the Mixed Residential category. The Mixed Residential 5 (MR-5) 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, and other residential development that may include single-family attached dwellings, and zero lot line development subject to the requirements of this Ordinance. All development in the district shall comply with the design standards in Article 30-5: Development Standards. MR-5 districts may also include centrally-located open space, complementary institutional uses (e.g., religious institutions, post offices, police sub-stations), day care facilities, and limited small-scale neighborhood-serving convenience retail uses (See 30-4.D. Accessory Uses).
The rezoning request is unconditional. Consequently, the governing board is precluded from considering conditions or restrictions on the range of admissible uses, utilization standards, developmental intensities, developmental criteria, and other pertinent regulations. In the event that the governing board intends to impose conditions, the applicant must retract their submission and subsequently submit a request for the parcel's conditional zoning. This action would necessitate scheduling a distinct legislative hearing to review the new proposal.
Land Use Plan Analysis:
The proposed rezoning for the subject parcel is backed by a thorough land use analysis for several compelling reasons. First, it is fully in harmony with the 2040 Comprehensive Plan, which designates the site as a Community Center. This classification promotes a diverse range of development, including high-density residential, multi-family housing, and single-family residences along the edges. The rezoning would actively facilitate a development pattern consistent with the comprehensive plan's vision, ensuring a variety of housing options for residents of all age groups and income levels.
Second, the changing conditions in the Fayetteville area necessitate this rezoning. As the population continues to grow, the demand for additional housing has become evident. The proposed rezoning provides a solution to this demand, allowing for more housing development in an area already well-served by infrastructure and services, effectively addressing the increasing need for housing alternatives.
The proposed rezoning is well-grounded in a comprehensive land use analysis that considers various factors. It is consistent with the city's long-term planning goals, responds to changing community needs, and ensures compatibility with existing developments. Moreover, it does not encourage premature development or negatively impact property values and the natural environment. Overall, the rezoning represents a rational and beneficial step towards achieving the city's future development objectives.
Consistency and Reasonableness Statements:
The Future Land Use Plan establishes 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 are no immediate budgetary impacts to rezoning this parcel.
Options:
1. City Council moves to 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 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 finds 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 proposed map amendment to rezone a parcel to Mixed Residential 5 (MR-5) based on the following:
• The proposed zoning map amendment adheres to the policies adopted in the Future Land Use Plan and can be made to conform with the provisions found in the Unified Development Ordinance (UDO). The Future Land Use Plan calls for the subject parcel to be developed as Community Center (CC) and the proposed zoning district allows for uses that fit this category; and
• The uses permitted by the proposed change in zoning district classification and the standards that apply to such uses will be appropriate in the immediate area of the land to be reclassified due to the existing zoning and the uses surrounding this property; and
• The proposed zoning district promotes logical and orderly development that would make no substantial impact upon the public health, safety, 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. District Standards
8. Consistency and Reasonableness Statement
9. P23-40 CC PowerPoint