TO: Mayor and Members of City Council
THRU: Kelly Olivera - Assistant City Manager
Dr. Gerald Newton, AICP - Development Services Director
FROM: Will Deaton, MPA, AICP, CFM, CZO - Planning & Zoning Manager
Heather Eckhardt, CZO - Planner II
DATE: June 24, 2024
RE:
Title
P24-27. Rezoning from Mixed Residential 5 Conditional Zoning (MR-5/CZ) to Single Family Residential 10 (SF-10) located at 0 Carvers Falls Road (REID 0530996236000) totaling 3.32 acres ± and being the property of TG Ventures LLC.
end
COUNCIL DISTRICT(S):
Council District(s)
1 - Kathy Jensen
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
Goal III: City invested in Today and Tomorrow
• Objective 3.2 - To manage the City's future growth and strategic land use.
Goal IV: Desirable Place to Live, Work, and Recreate
• Objective 4.5 - To ensure a place for people to live in great neighborhoods
Executive Summary:
The applicant is seeking to rezone an unaddressed parcel on Carvers Falls Road from Mixed Residential 5 Conditional Zoning (MR-5/CZ) to Single Family Residential 10 (SF-10).
This item was heard by the Zoning Commission on June 11, 2024. The commission voted unanimously to recommend approval of the rezoning request.
Background:
Owner/Applicant: Greg Caulder of TG Ventures LLC
Requested Action: MR-5/CZ to SF-10
REID #: 0530996236000
Council District: 1 - Kathy Jensen
Status of Property: Vacant
Size: 3.32 acres
Adjoining Land Use & Zoning:
• North: MR-5 - Multi-family dwellings
• South: PND (County) - Single family house & undeveloped land
• East: SF-10 - Single family house
• West: SF-6 - Single family house
Annual Average Daily Traffic: Ramsey Street: 29,500 (2021)
Letters Mailed: 44
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 Community Center (CC). Community Center is intended for commercial spaces that are 3-5 stories with high-density residential and multi-family intermixed. The adjacent parcels to the south are intended for Low-Density Residential development.
Issues/Analysis:
History:
The subject property was annexed into the city in 2005 as part of the Phase 5 Annexation project and has been undeveloped since the late 1960’s. The subject property is located at the edge of the Cape Fear River Overlay District. The Cape Fear River Overlay District was created in 2016 to celebrate, conserve, promote, and manage those areas on both sides of the Cape Fear River within the corporate limits. The Cape Fear River Overlay district has two primary regulations: prohibition of certain uses and river setback buffers. The standards of the Cape Fear River Overlay District will not affect this rezoning as the proposed use is a permitted use within the district and the river setback buffers only apply to properties that abut the Cape Fear River.
The subject property was previously rezoned in 2023 from Single Family Residential 10 (SF-10) to Mixed Residential 5 Conditional Zoning (MR-5/CZ) with the intent of developing a small duplex community. Subsequently, the owner has determined that a duplex community would not be feasible and has requested to return the property to its previous residential zoning district of SF-10.
Surrounding Area:
The surrounding area has a variety of zoning districts ranging from Single Family 6 (SF-6) to Community Commercial (CC). The area to the north of the subject property is currently zoned Mixed Residential 5 (MR-5) and has been developed as three apartment complexes. The area to the west at the intersection of Ramsey Street and Carvers Falls Road is currently zoned Community Commercial and the area has been developed with a variety of commercial uses such as offices and automotive repair. Between the subject property and the commercial area, there are three parcels that are zoned Single Family 6 and there are single-family houses on the properties. The areas to the east and south of the subject property are zoned Planned Neighborhood Development (PND) in the County and Single Family 10 (SF-10). These areas are residential in nature.
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 conditional zoning from Mixed Residential 5 Conditional Zoning (MR-5/CZ) to Single Family Residential 10 (SF-10).
The Single-Family Residential 10 (SF-10) District is established to accommodate principally single-family detached residential development at low densities, and to accommodate flexibly designed residential development that provides variable housing types and arrangements that respond to environmental and site conditions.
The reclassification of land to a base zoning district without conditions allows all of the uses that are 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, development standards, and other applicable regulations.
Land Use Plan Analysis:
According to the Future Land Use Map & Plan, this general area is recommended to be developed as Community Center (CC). Community Center calls for nonresidential leasable spaces with high-density residential and multi-family intermixed and single-family on the edges.
According to the 2040 Future Land Use Plan, this proposed development falls within Goal #1: Focus value and investment around infrastructure and strategic nodes and Goal #4: Foster safe, stable, and attractive neighborhoods.
Under the plan’s Land Use Policies and Strategic section, subsection Strategic Compatible Growth, this proposed rezoning falls under the following sections:
LUP 1: Encourage growth in areas well-served by infrastructure and urban services, including roads, utilities, parks, schools, police, fire, and emergency services.
• 1.7: Encourage a logical progression of housing development and discourage “leapfrog” development.
LUP 2: Encourage strategic economic development
• 2.1: Encourage economic development in designated areas
LUP 3: Encourage redevelopment along underutilized commercial strip corridors and reinvestment in distressed residential neighborhoods.
• 3.1: Examine and identify targeted redevelopment and infill areas throughout the city.
LUP 6: Encourage development standards that result in quality neighborhoods
• 6.1: Encourage quality neighborhood design through maintaining and improving standards for streets, sidewalks, stormwater, and open space.
Consistency and Reasonableness Statements:
The Future Land Use Plan also sets forth written goals, policies, and strategies. This application follows the City’s strategic, compatible growth strategies and does meet the goals of the Land Use Plan found on the attached Consistency and Reasonableness form.
Conclusion:
The applicant is requesting to return the property to its original zoning of Single Family Residential 10. This is in keeping with the adjacent parcels to the east and history of the subject property.
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. Approval of the map amendment to SF-10 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. Approval of 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. Denial of 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 of the map amendment to SF-10 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 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. Powerpoint