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
P18-26F. Rezoning of property from MR-5 - Mixed Residential to LC - Limited Commercial Zoning, located at 2101, 2103, 2105 Murchison Road (Tax Map Numbers 0428-85-4488, 0428-85-5420 & 0428-85-5382) near the intersection of Murchison and Pennsylvania streets, containing 1.5 acres and being the property of ESTELLE MCNEILL, HEIRS. [Appealed on August 24, 2018]
end
COUNCIL DISTRICT(S):
Council District(s)
4
b
Relationship To Strategic Plan:
2024 Goals, Goal III: High Quality Built Environment is achieved by maintaining the goals and land use designations from the Land Use and Economic Development Plan: Murchison Road Corridor.
Executive Summary:
The properties in question are located on the west side of Murchison Road, near the intersection of Murchison and Pennsylvania streets. The owner requests to rezone the properties from MR-5 (Mixed Residential) to LC (Limited Commercial).
Background:
This property is approximately 1.5 acres. There are houses on all three lots and one lot also has part of a commercial parking lot on it.
Applicant: Owner
Owner: Thelbert Torrey
Requested Action: MR-5 to LC
Property Address: 2101, 2103, 2105 Murchison Rd.
Council District: 4
Status of Property: Residential
Size: 1.5 acres +/-
Adjoining Land Use & Zoning:
North - OI - Vacant house/office
South - LC - Under used retail
West - LC - Retail
East - NC & LC - Commercial and Vacant
Letters Mailed: 78
2010 Land Use Plan: Commercial
Land Use and Economic Development Plan: Murchison Road Corridor - 2008: Single Family Residential
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. Land may be reclassified to one of a number of comparable conditional zoning districts in accordance with Section 30-2.C.
Map Amendment/Straight Rezoning
The request is for a straight rezoning from Mixed Residential 5 (MR-5) to Limited Commercial (LC). 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 LC District is to “accommodate a wider range of moderate-intensity general retail, business, and service uses that serve groups of neighborhoods instead of just an individual neighborhood-e.g., grocery stores, drugstores, large restaurants, gas stations, and higher order retail uses like specialty stores. The district is not intended to accommodate intensive commercial or other business uses. Residential uses are encouraged on the upper floors of nonresidential establishments.”
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.
Land Use and Economic Development Plan: Murchison Road Corridor:
In December, 2007, the City of Fayetteville commissioned Land Design and project partner Basile Baumann Prost Cole & Associates (BBPC) to prepare a land use and economic development plan for the Murchison Road corridor and respective study area. The entire study area covers approximately 4,071 acres, extending from downtown and Martin Luther King Jr. Freeway (US 401) to Fort Bragg and the future I-295 Fayetteville Outer Loop corridor extension.
The primary goals for the plan are presented below:
• Assemble an action plan that enhances community quality of life.
• Establish a hierarchy for investment, identifying opportunities designed to lead to rapid, near-term results while establishing the foundation for long-term corridor transformation and success.
• Review community mobility and transportation issues, balancing creative with cost-feasible approaches.
• Enhance the Murchison Road Corridor and City of Fayetteville’s image and attractiveness for investment.
Provide realistic, workable, thoughtful approaches to corridor development within a compressed assessment and implementation timeframe.
As mentioned, this property falls within the Land Use and Economic Development Plan: Murchison Road Corridor. This study pointed out strengths, weaknesses and opportunities throughout the Murchison Road Corridor. The plan also designates these properties as part of the College Walk Neighborhood District.
The property under review is located on the middle part of the southern section of Murchison Road, near the intersection of Murchison, Pennsylvania and Jasper streets. Jasper/Pennsylvania streets were noted in the plan as important east-west linkages that should be expanded as a future gateway.
The applicant’s proposal is congruous with much of the zoning and development along Murchison Road. However, the corridor plan sets out nine focal areas or catalyst sites to spur new development. The southeast corner of the intersection of Murchison Road and Jasper Street is designated as Catalyst Site #3. This catalyst site is across the street from the properties in question.
Catalyst Site #3: Jasper Street and Murchison Road.
Redevelop and expand this historically significant retail and commercial center to accommodate necessary services and convenience retail offerings for the surrounding neighborhoods and Murchison Road visitors.
• Upgrade current space for existing businesses;
• Redevelop surrounding vacant/underutilized parcels to accommodate necessary service/retail establishments (convenience markets, banks, etc.);
• Explore potential city/county acquisition of surrounding parcels in order to facilitate complementary development/redevelopment;
• Utilize the Downtown Loan Program for redevelopment/renovation of retail center and surrounding parcels; and
• Market new/renovated space to service establishments needed by residents (banks, grocery stores, financial services, drug stores, etc.).
Land Use Policy Direction and Recommendations
Recommendation 2. Promote a land use pattern which allows for increases in development density at key activity areas along the corridor, including areas surrounding Murchison Road, Country Club Drive and FSU. Increasing density will:
• Promote opportunities and the market viability of urban infill efforts around these areas.
• Encourage pedestrian activities and healthy communities to important shopping, recreation, and employment centers.
• Support the case for Transit Oriented Development (TOD) projects benefiting increased mass transit use and a reduction of dependency for private occupancy vehicles, especially for low and moderate income residents.
The Proposed Land Use Map, which is part of the corridor study, calls for the properties in question to be used as single family residential. Currently, these properties are zoned MR-5 which allows a density of up to 20 units per acre. This means that 30 total units are currently allowed to be built on these without any rezoning.
On August 14th, the Zoning Commission held a public hearing regarding this case. There were no speakers in favor or in opposition. The applicant was not present. The Commission voted 4-1 to deny this case based on the following:
• The City’s existing Land Use and Economic Development Plan: Murchison Road Corridor plan calls for this area to be used for Single Family Residential purposes,
• That the uses surrounding this property are mostly incompatible with the proposed zoning,
• The proposed zoning is not reasonable and is not in the public interest because the proposed zoning does not fit with the character of the development in this area.
The City Planning staff recommends Denial of the map amendment to LC based on:
(1) This proposed zoning map amendment does not implement the policies of the adopted Land Use and Economic Development Plan: Murchison Road Corridor, including the land use classification of the property on the proposed land use map, as amended;
(2) The uses permitted by the proposed change in zoning district classification and the standards applicable to such uses will not be appropriate in the immediate area of the land to be reclassified due to the adopted land use plan for this area;
(3) The proposed change is not in accord with the existing or proposed plans for providing public schools, streets, water supply, sanitary sewers, and other public services and utilities to the area.
(4) There are no other factors which will substantially affect the public health, safety, morals, or general welfare.
(5) This site is across Murchison Road from the proposed Catalyst Site #3, which is a major redevelopment node in the corridor plan.
Budget Impact:
There is not an immediate budgetary impact but there is an economic impact to this rezoning. A business may move into the site and provide continued jobs and service to the Fayetteville area, if approved.
Options:
1) Approval of the map amendment/rezoning to LC as presented by staff;
2) Approval of a more restrictive map amendment/rezoning;
3) Deny the request. (Recommended).
Recommended Action:
It is recommended that the City Council move to DENY the requested rezoning to LC - Limited Commercial Zoning, as presented by the staff. The amendment is not consistent with applicable plans because: 1) the City’s existing Land Use and Economic Development Plan: Murchison Road Corridor plan calls for this area to be used for Single Family Residential purposes; 2) that the uses surrounding this property are mostly incompatible with the proposed zoning; and 3) the proposed zoning is not reasonable and is not in the public interest because the proposed zoning does not fit with the character of the development in this area.
Any action inconsistent with the City’s comprehensive plans will serve as a modification of the City’s Comprehensive Plans for this area.
Attachments:
Zoning Map
Land Use Plan Map
Application
Site Photo