TO: Mayor and Members of City Council
THRU: Jay Reinstein, Assistant City Manager
FROM: Craig Harmon, AICP, CZO - Senior Planner
Gerald Newton, AICP - Development Services Director
DATE: September 24, 2018
RE:
Title
P18-24F. Rezoning of property from MR-5 - Mixed Residential to CC - Community Commercial Zoning, located at 229 McIver St. (Tax Map Number 0437-33-1921) near the intersection of McIver and German streets, containing 0.12 acres and being the property of CHARLESTON SEVEN GROUP LLC.
end
COUNCIL DISTRICT(S):
Council District(s)
2
b
Relationship To Strategic Plan:
2024 Goals, Goal II: Diverse and Viable Economy is achieved through the expansion of an existing business.
Executive Summary:
The property in question is located in the City’s downtown area on a secondary road which parallels Robeson Street. The owner looks to expand an existing business, Guaranteed Supply Company, along McIver Street.
Background:
This property is just over one tenth of an acre and is currently vacant.
Applicant: Guaranteed Supply Co.
Owner: Charleston Seven Group
Requested Action: MR-5 to CC
Property Address: 229 McIver St.
Council District: 2
Status of Property: Vacant Residential
Size: 0.12 acres +/-
Adjoining Land Use & Zoning:
North: CC - Commercial
South: MR-5 - Vacant Residential
West: OI - Communications Company
East: CC - Commercial
Letters Mailed: 45
2010 Land Use Plan: Downtown
Renaissance Plan Update 2013:
Growth Policy/Land Use Plan Update
The Fayetteville Strategic Plan, comprehensive plan and 2002 Renaissance Plan calls for increased emphasis on reinvesting in the downtown. This project will ask the City to consider this in the larger, long-range planning context, ensuring that the overall growth policy of the City favors infrastructure investment in areas already within municipal boundaries, emphasizing its commitment to a diverse and prosperous city center.
Issues/Analysis:
Land within the City is generally classified by the Unified Development Ordinance (UDO) to be within one of a number of base zoning districts.
Map Amendment/Straight Rezoning:
The request is for a straight rezoning from Mixed Residential 5 (MR-5) to Community Commercial (CC). The 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.” The purpose of the CC District is 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”.
The reclassification of land to a straight zoning district allows all of the business/office 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 regulations that are applicable.
Renaissance Plan Update 2013 Analysis
Downtown Fayetteville may be generally characterized by a bold crescent, connecting Fayetteville State University through the downtown core to the Cape Fear River. This crescent defines a two-mile long curve of activity, tracing its arc through the educational, civic and historic heart of the community. Surrounding neighborhoods, each with distinct identity and character, connect directly to this crescent through a series of walkable streets and trails. The industrial district of downtown is envisioned to gradually transition from today’s condition of pure industry and derelict buildings to a budding artists’ community, with disused buildings converted to house lofts, studios and galleries.
While the property in question does fall within the study area for the Renaissance Plan, it is not listed as one of the project areas of the plan. There are no specific recommendations from the plan for this particular area in the Downtown.
2010 Land Use Plan Analysis
This property is located within the Downtown area of the City’s Land Use Plan. This Downtown area consists of all types of uses, from residential to industrial and most uses in-between.
To the north of this property is a material storage yard for Guaranteed Supply Company. According to the applicant, Guaranteed Supply would also like to use this property for material storage as well. To the west is an office building that houses the offices of CenturyLink. To the east are properties which face Robeson Street. All of these properties are zoned CC. Finally, to the south there is series of small residentially zoned lots that are not developed.
The property under review is surrounded by either commercial or undeveloped properties. It appears that the rezoning of this property will have little or no effect on the surrounding properties uses or values. This proposal is consistent with the plan.
On August 14, the Zoning Commission held a public hearing regarding this case. There was one speaker in favor (Thom Hernandez) and none in opposition. Mr. Hernandez offered to answer any questions from the Commission, but they had none. The Commission voted 5-0 to recommend approval.
The Zoning Commission and City Planning staff recommend APPROVAL of the map amendment to CC based on the following:
1. This proposed rezoning/zoning map amendment implements the policies of the adopted Land Use Plan which calls to uses that are suitable in a downtown area, and that the Renaissance Plan Update 2013 calls for an increased emphasis on reinvesting in downtown;
2. The uses permitted by the proposed change in zoning district classification and the standards applicable to such uses will be appropriate in the immediate area of the land to be reclassified because it does fit with most of the existing zoning and uses surrounding these properties;
3. The proposed change is in accord with existing or proposed plans for providing public schools, streets, water supply, sanitary sewers, and other public services and utilities to the area since this area is already mostly developed; and
4. There are no other factors which will substantially affect the public health, safety, morals, or general welfare.
Budget Impact:
There is not an immediate budgetary impact but there is an economic impact to this rezoning. A business will expand into the site and provide continued jobs and service to the Fayetteville area.
Options:
1) Approval of the map amendment/rezoning to CC as presented by staff (recommended).
2) Approval of a more restrictive map amendment/rezoning.
3) Deny the request.
Recommended Action:
It is recommended that the City Council move to APPROVE the requested rezoning to CC Zoning, as presented by the staff. The amendment is consistent with applicable plans because: 1) the City’s existing Land Use Plan call for this area to be used for downtown purposes; 2) that the uses surrounding this property are all compatible with the proposed zoning; and 3) the proposed zoning is reasonable and in the public interest because the proposed zoning does fit with the character of the development in this area.
Attachments:
Aerial Map
Zoning Map
Land Use Plan Map
Application
Site Photos