TO: Mayor and Members of City Council
THRU: Kelly Oliveria - Assistant City Manager
Dr. Gerald Newton, AICP - Development Services Director
Jennifer C Baptiste, CZO - Planning and Zoning Division Manager
FROM: Craig Harmon, CZO - Senior Planner
DATE: November 28, 2022
RE:
Title
P22-42. Rezoning from Single Family 10 Residential (SF-10) to Community Commercial (CC) of 2.22 acres ±, located at 2400 Hope Mills Rd. (REID # 0405997179000) and is the property of LEF LLC, represented by Gary Futch.
end
COUNCIL DISTRICT(S):
Council District(s)
5 - Mayor Pro Tem 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.
Executive Summary:
The subject property is currently zoned Single-Family Residential 10 (SF-10). This property was developed as a YMCA community facility with a pool and a 2,700 sq/ft clubhouse building. The property is located on Westgate Drive, although it has a Hope Mills Road address. However, the property does not have access to Westgate Drive, which is a private road. The owner is requesting to rezone this property to CC - Community Commercial.
The CC zoning 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.
On October 11, the Zoning Commission held a Legislative Hearing regarding this case. There were three speakers in favor and one in opposition. The Commission voted 4-1 to recommend approval of the CC zoning.
Background:
Applicant: Gary Futch
Owner: Louis Frangos, LEF LLC.
Requested Action: SF-10 to CC
Address: 2400 Hope Mills Rd (but located on Westgate Drive)
Council District: Mayor Pro Tem Johnny Dawkins
Status of Property: Former YMCA Community Pool
Size: Approximately 2.22 acres ±
Adjoining Land Use & Zoning:
• North: SF-10 - Mostly undeveloped
• South: SF-10 & OI - Single Family House and Doctor Office
• East: CC - Commercial Building - former bread store
• West: SF-6 - Mobile Home Park
Letters Mailed: 93
Traffic Counts: Average Daily Traffic 2018 Hope Mills Rd - 28,000
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 Park/Open Space (PARKOS).
Park/Open Space is intended as areas not suited for development due to site constraints or environmental/cultural importance. These areas may include passive or active recreation amenities or reserved open space, such as undisturbed floodplain. This property does not have any environmental constraints and since the closing of the YMCA facility, no longer has any recreation amenities.
Issues/Analysis:
History:
This property is currently developed as a former YMCA Community Pool Facility. The property is zoned - Single-Family Residential 10 and consists of 2.22 acres.
Surrounding Area:
The subject property is located along the private section of Westgate Drive, which accesses directly to Hope Mills Road. The property in question does not front on Hope Mills Road, although it has a Hope Mills Road address. Directly to the north, south and west are residentially zoned properties with the same type of uses currently located on them. To the east is an existing storefront zoned Community Commercial.
Rezoning Request:
The applicant is requesting to rezone 2.22 acres of SF-10 zoned property. This will allow potential redevelopment of the property. While the property is zoned residential, the YMCA’s use of the property was more closely related to commercial use.
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 Single Family Residential 10 (SF-10) to Community Commercial (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 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:
The Zoning Commission found that the proposed zoning district is compatible with the area and this district is in keeping with the City’s Future Land Use Plan. An update to the Future Land Use Plan does seem appropriate, as most of the surrounding land and uses are a mix of commercial and residential uses.
According to Future Land Use Map & Plan, this area is recommended to be developed as Park/Open Space and is intended as an area not suited for development due to site constraints or environmental/cultural importance. These areas may include passive or active recreation amenities or reserved open space, such as undisturbed floodplain. This property has no known environmental constraints and since the closing of the YMCA facility, it no longer has any recreation amenities. Any change in zoning classification would require an update to the land use plan.
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. City Council moves to approve the map amendment/rezoning as presented based on the evidence submitted and finds that the map amendment/rezoning is consistent with the Future Land Use Plan as demonstrated by the attached consistency and reasonableness statement.
2. City Council moves to approve the map amendment/rezoning to a more restrictive zoning district based on the evidence submitted and finds that the map amendment/rezoning would be consistent with the Future Land Use Plan and an amended consistency and reasonableness statement.
3. City Council moves to deny the map amendment/rezoning based on the evidence submitted and finds that the map amendment/rezoning is inconsistent with the Future Land Use Plan.
Recommended Action:
The Zoning Commission recommends that the City Council move to APPROVE the map amendment to a CC district based on the following:
• The proposed zoning map amendment is consistent with the policies adopted in the Future Land Use Plan (FLUP), and the Future Land Use Map. The proposed designation, as requested, would permit uses that are complimentary to those existing on adjacent tracts, and the size, physical conditions, and other attributes of the proposed use(s) will benefit the surrounding community. The proposal also adapts the zoning code to reflect modern land-use trends and patterns.; and
• The uses permitted by the recommended change to CC zoning 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 uses surrounding this property.; and
• There are no other factors that will substantially affect public health, safety, morals, or general welfare.
Attachments:
1. 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