TO: Mayor and Members of City Council
THRU: Zoning Commission;
Craig Harmon, AICP - Senior Planner
FROM: Lauren Long - Planner II
DATE: February 27, 2023
RE:
Title
P23-04. Rezoning of 16.98 ± acres of an 18.85± acre parcel zoned Single-Family-6 (SF-6), Agricultural Residential (AR), and Neighborhood Commercial (NC) to Mixed-Residential-5 (MR-5), retaining 1.87± acres of existing Neighborhood Commercial (NC) located at 0 Morganton Road (REID# 0408149306000) and being the property of Alan Smith, et al., represented by Alex Keith of Tom J. Keith & Associates.
end
COUNCIL DISTRICT(S):
Council District(s)
4 - D.J. Haire
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
• 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:
Alex Keith of Tom J. Keith & Associates is seeking to rezone 16.98 ± acres of a parcel currently zoned Single-Family-6 (SF-6), Agricultural Residential (AR), and Neighborhood Commercial (NC) to Mixed-Residential-5 (MR-5) and retain 1.87± acres of existing Neighborhood Commercial (NC) on behalf of the property owner Alan Smith, et al. The parcel is an undeveloped 18.85± acre site.
The Zoning Commission held a legislative hearing on January 10, 2023. The meeting was attended by two people, the applicant and the property owner, both spoke in favor. The Zoning Commission voted unanimously (5-0) to recommend approval of the proposed map amendment.
Background:
Applicant: Alex Keith
Owner: Stancil and Melba Bowles; Alan and Betsy Smith; Elizabeth Hugh; Scott and Natalie Clark; John and Kristina Enlow; Heather and Brittany Snyder
Requested Action: Rezoning from Single-Family-6 (SF-6), Agricultural Residential (AR), and Neighborhood Commercial (NC) to Mixed-Residential-5 (MR-5)
REID: 0408149306000
Council District: 4 - D.J. Haire
Status of Property: Undeveloped
Size: 18.85 ± acres
Adjoining Land Use & Zoning:
• North: Single Family -10 (SF-10)
• South: Single Family -10 (SF-10)
• East: Single Family -10 (SF-10); Neighborhood Commercial (NC)
• West: Agricultural Residential (AR)
Letters Mailed: 80
Land Use Plans:
With the adoption of the 2040 Comprehensive Plan: Future Land Use Map & Plan on May 26, 2020, all parcels within the city limits as well as parcels identified as being in the Municipal Influence Area (MIA) are subject to this plan.
According to the Future Land Use Map, this parcel has been identified for development with Medium-Density Residential (MDR). The MDR designation is designed for primarily single-family residential at a density of 3-6 dwellings per acre. The adjacent parcel to the north is designated as Office and Institutional (OI). The parcels to the east are designated as Parks and Open Space (PARKOS) and Neighborhood Mixed-Use (NMU). The parcels to the south are designated as Low-Density Residential (LDR) and PARKOS.
Issues/Analysis:
History:
This parcel was annexed into the corporate limits of the City in 1994. The current configuration of the parcel lines are the result of several re-combinations from the estate of Aileen Bowles-Owen, most recently in 2001, according to the Cumberland County Register of deeds. Ownership of the parcel described in Deed Book 8929, Page 21 transferred from the Bowles Farm Limited Partnership to the present owners in 2012. According to the property tax summary, administered by the Cumberland Count Tax Office, no buildings or structures have been erected on the parcel.
Surrounding Area:
The site is bordered to the north by a secondary school and medium-density residential; to the west is an agricultural operation. East of the site is a recreational facility as well as a strip mall with a grocery store. South of the site are retail sales and service as well as medium density residential. It is worth noting that Persimmon Creek runs from the parcels north of the site as well as through the western half of the site itself, leaving a significant area of these tracts in the floodway and flood hazard area.
Rezoning Request:
The applicant is requesting to rezone the parcel from Single-Family-6 (SF-6), Agricultural Residential (AR), and Neighborhood Commercial (NC) to Mixed-Residential-5 (MR-5) and retain 1.87± acres of existing Neighborhood Commercial (NC). MR-5 is designed to allow development of various housing types at moderate to high densities to include single-family detached, two-to four- family dwellings, multi-family dwellings as well as limited institutional, childcare, and small-scale neighborhood convenience retail uses. Please see attached development standards.
Straight Zoning:
Land within the corporate limits of the city as well as land that falls within the municipal area of influence is classified under at least one of the base zoning districts established by the Unified Development Ordinance (UDO). Land may be reclassified to one of several zoning districts through a map amendment, by way of a legislative public hearing, in accordance with Section 30-2.C.1 of the UDO. This rezoning request is for the rezoning of a split-zoned parcel designated as Single-Family-6 (SF-6), Agricultural Residential (AR), and Neighborhood Commercial (NC) to Mixed-Residential-5 (MR-5) and Neighborhood Commercial (NC).The re-classification of land under a rezoning without conditions allows all of the uses that are identified as permissible for that district in the use table found in 30-4.A of 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.
The Mixed-Residential-5 (MR-5) district was established to create a flexible residential district that would allow public or private development to address changes in housing stock, based on the needs of the market, by allowing almost all housing types as by-right uses. The district also supports complimentary institutional uses such as religious institutions, post offices, police substations, as well as day care facilities and neighborhood oriented retail uses. Parcels zoned MR-5 make up 11.75% of the 67,088 residentially zoned parcels (to exclude parcels zoned AR) in the municipal limits of Fayetteville. The districts that comprise the majority of the city’s residential base zoning designation are Single-Family-10, which is currently 61.9% of all residentially zoned parcels, and Single-Family-6 (SF-6) at 19.08%.
The requested rezoning of this parcel from Single-Family-6 (SF-6), Agricultural Residential (AR), and Neighborhood Commercial (NC) to Mixed-Residential-5 (MR-5) and Neighborhood Commercial (NC) would create more flexibility for developers intending to address shortages in the area’s housing stock. MR-5 is the only residential base zoning district that allows multi-family dwellings as by-right development.
Land Use Plan Analysis:
According to the Future Land Use Map, this parcel has been identified for development under the Medium Density Residential (MDR) designation. The MDR designation was intended for single-family residential at a density of 3-6 dwellings per acre, duplexes, townhomes, and low rise-apartments. The rezoning of a parcel that is primarily zoned Single-Family-6 (SF-6) to Mixed-Residential-5 (MR-5) and Neighborhood Commercial (NC) would bring the parcel into closer alignment with the Land Use Plan by expanding the by-right development of various residential housing types.
Consistency and Reasonableness Statements:
The Future Land Use Plan establishes 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 are no immediate budgetary impacts but there may be an economic impact associated with the future tax base as a result of this rezoning.
Options:
1. Approve the map amendment of 16.98 ± acres to MR-5, retaining 1.87± acres of existing NC (recommended);
2. Approve the map amendment to a more restrictive zoning district; or
3. Deny the map amendment request.
Recommended Action:
The Zoning Commission and professional planning staff recommend that the City Council move to APPROVE the proposed map amendment of Single-Family-6 (SF-6), Agricultural Residential (AR), and Neighborhood Commercial (NC) to 16.98 ± acres of Mixed-Residential-5 (MR-5) and retain 1.87± acres of existing Neighborhood Commercial (NC) based on the following:
• The proposed zoning map amendment adheres to the policies adopted in the Future Land Use Plan and those policies found in the Unified Development Ordinance (UDO). The Future Land Use Plan calls for the parcel to be developed as Medium Density Residential (MDR) and the proposed zoning district allows for uses that fit this category of land classification; and
• The uses and standards of the Mixed Residential-5 (MR-5) district will allow logical and orderly development that would not negatively impact the surrounding development; and
• The proposed zoning district expands the types of residential development that would be allowed by-right and would increase the opportunity for diverse housing options to strengthen the area’s housing stock; and
• The proposed zoning results in no substantial impact upon the public health, safety, 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 Statements