TO: Mayor and Members of City Council
THRU: Kelly Strickland - Assistant City Manager
Dr. Gerald Newton, AICP - Development Services Director
FROM: Will Deaton, MPA, AICP, CFM, CZO - Planning & Zoning Manager
Demetrios Moutos - Planner I
DATE: February 24, 2025
RE:
Title
P25-01: A map amendment request to rezone 6105 A Yadkin Road (REID 0409206960000), owned by Moore Enterprises Inc., from Single-Family Residential 6 (SF-6) to Community Commercial (CC).
end
COUNCIL DISTRICT(S):
Council District(s)
4 - D.J. Haire
b
Relationship To Strategic Plan:
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.
Executive Summary:
Council is asked to receive the recommendation from the Zoning Commission and approve the rezoning request as part of the consent agenda.
The applicant has requested to rezone 11.31 acres of a 21.87-acre parcel on Yadkin Road near the Summerhill subdivision from Single-Family Residential (SF-6) to Community Commercial (CC) to bring the total parcel under one zoning designation.
A public hearing for this request was held on January 14, 2025. The request received support from George Rose and Deno Hondros, who discussed potential multi-family residential and commercial development, though no guarantees were made regarding housing. Mick Biehery opposed the request, citing concerns over property tax increases, which were addressed by Mr. Harmon. Following discussion on split-development, rezoning adherence, and alignment with the Future Land Use Plan, the board unanimously approved the request (4-0) with a motion by Tyrone Simon and a second by Stephen McCorquodale.
Background:
Owner: Moore Enterprises Inc.
Applicant: George Rose
Requested Action: SF-6 to CC
REID #: 0409206960000
Council District: 4 - D.J. Haire
Status of Property: Vacant/Wooded and Commercial
Size: 11.31 acres of a total 21.87 acres
Adjoining Land Use & Zoning:
North: CC - Commercial, Retail, and Business
South: SF-10 - Single-Family & Horseshoe Road
East: CC & SF-6 - Horseshoe Road
West: SF-10 - Single-Family
Annual Average Daily Traffic: Yadkin Road: 19,000
Letters Mailed: 281
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 and the Municipal Influence Area (MIA) fall under its guidance. The plan recommends developing this area as a Commercial Strip Redevelopment zone, a commercial mixed-use district that integrates higher-density residential development to stimulate private investment. Target areas include clusters of underutilized commercial strip properties.
Issues/Analysis:
History:
In 1977, Charles R. Moore and Mary G. Moore transferred a 50-acre parcel of Seventy-First Township, Cumberland County, North Carolina, to Moore Enterprises, Inc. This transaction was documented in a General Warranty Deed. The deed includes a detailed legal description of the property, noting two exclusions: a previously conveyed 12.23-acre tract and a separately described 0.7833-acre parcel.
The deed clearly defines the properties boundaries, with references to earlier recorded instruments and surveys that provide context regarding its history. The grantors acquired the property on August 5, 1976, recorded in Book 632, Page 147 of the Cumberland County Registry.
The deed ensures that the property was transferred in fee simple with a clear title and no encumbrances, except for those explicitly mentioned in the document. It was signed and notarized on November 1, 1977, and officially recorded on October 13, 1983. This record serves as the basis for the property’s legal history and outlines the framework for its current zoning considerations.
In a previous rezoning case involving the subject property, Moore Enterprises, represented by Neil Yarborough, submitted a request to rezone a portion of their land at 6243 and 6113 Yadkin Road and 663 Horseshoe Road. The request aimed to rezone approximately 14 acres of a 21.8-acre tract from SF-6 (Single-Family Residential) to CC (Community Commercial). Notably, the applicant later withdrew the request for the remaining portion of the SF-6 district, focusing solely on the area adjacent to the existing CC-zoned frontage along Yadkin Road.
At the time, as is the case now, the property was split-zoned, with the Yadkin Road frontage designated as CC and the remaining portions zoned as SF-6. The area included in the rezoning request consisted of a vacant site and an auto repair business, the latter of which was a nonconforming use under the existing SF-6 zoning. The City’s 2040 Comprehensive Plan identified this area for Heavy Commercial development along Yadkin Road, while the rest of the property was designated for Medium-Density Residential uses. The objective of the rezoning was to bring the auto repair business into compliance with zoning regulations and enhance the property’s potential for commercial redevelopment. City staff recommended approval, noting that the request aligned with the Comprehensive Plan that supports Heavy Commercial uses along Yadkin Road. The rezoning would also facilitate the property’s redevelopment and resolve the issue of nonconforming use.
The Planning Staff mentioned that while the rezoning would increase the demand for City services, this impact would be balanced by additional property tax revenue - the proposal aligned with the City’s strategic goals of promoting Livable Neighborhoods and Managing Growth and Development. Ultimately, the staff recommended approval of the rezoning request as submitted by the applicant. Supporting materials included a zoning map, current land use data, the land use plan, and property photographs.
Surrounding Area:
The proposed rezoning area covers 11.31 acres and is surrounded by single-family (SF-10) properties to the west and south, while Horseshoe Road borders it to the south and east. To the north is a section zoned for Community Commercial (CC). Across Yadkin Road to the north, CC-zoned properties accommodate commercial, retail, and business activities.
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 6 (SF-6) to Community Commercial (CC).
The Community Commercial (CC) District is designed to support a variety of medium- to high-intensity retail, service, and office uses that cater to the broader community. Examples include shopping centers, convenience stores, retail establishments, and heavier commercial activities, which may require a Special Use Permit (refer to Section 30-2.C.7). This district is typically situated along significant roadways, at key intersections, and within growth corridors identified in City plans. Higher-density residential units are encouraged on the upper floors on nonresidential buildings and may also be developed as stand-alone structures within larger horizontal mixed-use projects. Standards guide development within the CC District to ensure compatibility with surrounding areas and adherence to the design requirements outline in Article 30-5: Development Standards.
Land can be reclassified to a base zoning district without conditions, allowing all the uses 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, and other applicable regulations.
Land Use Plan Analysis:
According to the Future Land Use Map & Plan, this general area should be developed as a Commercial Strip Redevelopment, a commercial mixed-use district that integrates higher-density residential development to stimulate private investment. Target areas include clusters of underutilized commercial strip properties.
The proposed amendment aligns with the 2040 Future Land Use Plan, explicitly addressing the following goals:
1. Focus value and investment around infrastructure and strategic nodes.
2. Promote compatible economic and commercial development in key identified areas.
3. Encourage the redevelopment of strip commercial areas.
4. Foster safe, stable, and attractive neighborhoods.
Under the plan’s Land Use Policies and Strategic section, specifically in the subsection on Strategic Compatible Growth, the proposed rezoning aligns with the following sections:
LUP 1: Encourage growth in areas well-served by infrastructure and urban services, which include roads, utilities, parks, schools, police, fire, and emergency services.
1.2: Promote more intense land uses, a greater mix of uses, and denser residential types in key focal areas.
1.6: Ensure that adequate infrastructure is in place prior to, or in tandem with, new development.
LUP 2: Encourage strategic economic development
2.1: Support economic development in designated areas.
LUP 3: Support redevelopment along underutilized commercial corridors and reinvestment in distressed residential neighborhoods.
3.1: Identify and examine targeted redevelopment and infill areas throughout the city.
LUP 4: Create well-designed and walkable commercial and mixed-use districts.
4.1: Ensure that new developments meet basic site design standards.
4.2: Encourage context-sensitive site design.
LUP 5: Improve Gateways.
5.1: Continue to require perimeter landscaping and planting islands in significant renovations and redevelopment along commercial corridors.
Consistency and Reasonableness Statements:
The Future Land Use Plan outlines written goals, policies, and strategies. This application aligns with the City’s strategic and compatible growth strategies, and it meets the objectives outlined in the Land Use Plan, as detailed in the attached Consistency and Reasonableness form.
Analysis in Support of the Proposed Rezoning:
The current request to rezone 11.31 acres of a 23.57-acre tract from SF-6 (Single-Family Residential) to CC (Community Commercial) aligns with the City's 2040 Comprehensive Plan and addresses evolving development needs in the area. This request focuses solely on the portion of the property currently zoned SF-6, distinct from prior rezoning actions for the northern commercial frontage. The following analysis evaluates the proposed amendment based on its consistency with planning documents, compatibility with surrounding uses, and potential community impact.
Consistency with Long-Range Planning Documents:
The 2040 Comprehensive Plan identifies the 23.57-acre tract, including the portion currently zoned SF-6, as appropriate for commercial uses. The requested rezoning supports the plan's vision for this area as a site for growth, allowing for either higher-density residential or commercial uses that complement the existing commercial corridor along Yadkin Road.
Response to Changing Conditions:
Since the adjacent single-family properties were developed in the 1960s, commercial and housing demands have increased significantly, particularly near Fort Liberty. The area has experienced substantial commercial growth along Yadkin Road, reflecting a clear shift in development patterns and a heightened need for diverse land uses. This rezoning responds to these changes by enabling land use flexibility to meet modern economic and housing demands.
Addressing Community Needs:
The rezoning supports two key community needs:
1. Affordable Housing: The rezoning allows for multi-family residential uses, helping address the city-wide demand for affordable housing.
2. Commercial Development: The addition of business and retail opportunities supports the ongoing growth of Yadkin Road as a central commercial corridor, serving both residents and the nearby military population.
Compatibility with Surrounding Uses:
The area surrounding the subject property is predominantly commercial along Yadkin Road, with existing CC-zoned properties to the north and east. The proposed rezoning seamlessly extends the CC zoning, creating opportunities for higher-density residential or commercial use. This is compatible with the established development pattern and complements nearby uses, including single-family homes, without creating land-use conflicts.
Logical and Orderly Development:
The proposed amendment promotes an orderly development pattern by continuing the existing CC zoning from the northern portion of the property. This logical extension supports cohesive growth along Yadkin Road, ensuring that future development integrates with the corridor's commercial and mixed-use character.
Mitigation of Adverse Impacts:
The rezoning avoids several common concerns:
1. Premature Development: Recent and ongoing development along Yadkin Road demonstrates strong market demand, reducing the risk of premature development.
2. Strip-Style Development: The rezoning provides flexibility for planned commercial or multi-family projects that do not depend on direct road frontage, preventing additional strip-style developments.
3. Zoning Isolation: The rezoning extends existing CC zoning and does not create isolated zoning districts.
4. Property Value Impacts: Adjacent properties are already near commercial and multi-family uses. The proposed amendment aligns with the long-range plan, ensuring compatibility and minimizing risks to surrounding property values.
5. Environmental Impacts: Public water and sewer are available to the site, and future development will comply with UDO requirements for architecture, stormwater management, parking, and landscaping, mitigating potential environmental effects.
Conclusion:
This rezoning represents a strategic response to changing conditions, aligning with the 2040 Comprehensive Plan and addressing critical community needs for affordable housing and commercial opportunities. The proposal enhances development flexibility by logically extending existing CC zoning while ensuring compatibility with the surrounding area. It fosters responsible growth and redevelopment along the Yadkin Road corridor, strengthening the economic and social fabric of the community. Approval of this rezoning is recommended as a prudent step toward achieving the City's long-term planning goals.
Budget Impact:
There is no immediate budgetary impact; however, the rezoning is expected to generate positive economic impact through future tax revenue from the property’s development.
Options:
1. The City Council approves the map amendment to CC 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. The City Council approves 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. The City Council denies 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 map amendment to CC based on the following:
- The proposed zoning map amendment does implement 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 the standards that 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.
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. City Council Presentation