TO: Mayor and Members of City Council
THRU: Kelly Olivera - Assistant City Manager
Dr. Gerald Newton, AICP - Development Services Director
FROM: Will Deaton, AICP - Planning and Zoning Division Manager
Demetrios A. Moutos - Planner I
DATE: June 24, 2024
RE:
Title
P24-07. Initial Map Amendment of 3.5 acres ± from Planned Industrial (M(P)) to Light Industrial (LI), located at 2246 Angelia M Street (REID # 0447927785000), and being the property of Judd Brook 6, LLC, represented by Gordon Rose.
end
COUNCIL DISTRICT(S):
Council District(s)
2 - Malik Davis
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:
The Bobcat Facility, located at 2246 Angelia M Street, has submitted a request to rezone its 3.5-acre property from Planned Industrial (M(P)) to Light Industrial (LI). In addition to aligning with the city's long-term vision and surrounding industrial uses, the applicant seeks this rezoning to gain access to public water and sewer services. This will allow the facility to continue its operations while eliminating the need for a septic system, potentially improving environmental conditions.
On May 14, 2024, the Zoning Commission held a public hearing to consider the proposed Map Amendment. The Commission voted unanimously (5-0) to recommend its approval.
Background:
Owner: Judd Brook 6, LLC
Applicant: Gordon Rose
Requested Action: M(P) to LI
REID #s: 0447927785000
Potential Council District: 2 - Malik Davis
Status of Properties: Sales and service facility for Bobcat equipment
Size: 3.5 acres ±
Adjoining Land Use & Zoning:
• North: RR and M(P) - Residential and Industrial
• South: NC HWY 24 and RR
• East: M(P) - Landscaping contractor office with material storage
• West: M(P) - Vehicle Maintenance Facility
Annual Average Daily Traffic: State Highway 24 - 12,000
Postcards Mailed: 37
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 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 an Industrial/Employment Center (EC). These areas predominantly consist of high-intensity nonresidential uses with high impact or likelihood for nuisance, regional employment centers including larger industrial uses, and/or business parks.
Issues/Analysis:
Historical Use:
Aerial photography from Cumberland County GIS indicates the parcel has been continuously developed and used for storage or industrial purposes since 1982. Records show only one pre-engineered steel frame building has ever been constructed on the property, dating back to 1981.
Ownership Change:
In December 2020, Judd Brook 6, LLC, a Virginia Limited Liability Company, acquired the property from John R. Brantley, III, and Barbara L. Brantley.
Surrounding Properties:
• Across Whitehead Road: A landscaping contractor’s office with material storage.
• Intersection of Whitehead Road and Angelia M Street: Residential property.
• 2239 Angelia M Street: Industrial facility.
• West of the subject property: Vehicle maintenance facility.
• Subject Property (2246 Angelia M Street): Currently used for Bobcat equipment sales and service.
Rezoning Request:
The Unified Development Ordinance (UDO) categorizes land within the City into various zoning districts. Parcels can be rezoned through a process outlined in Section 30-2.C.
This application proposes rezoning a parcel in Cumberland County, currently zoned Planned Industrial (M(P)), to Light Industrial (LI) within Fayetteville City Limits.
The LI district caters to small-scale, low-impact industrial activities like light manufacturing, assembly, warehousing, and research & development. Strict regulations ensure minimal nuisance, environmental impact, and distribution to neighboring areas. Limited retail uses supporting these activities may be allowed under Section 30-4.D.’s Accessory Uses guidelines.
Straight Zoning:
The request is for a straight rezoning from Planned Industrial (M(P)) to Light Industrial (LI).
This is a standard rezoning request, meaning the proposed LI zoning would follow the established regulations outline in the Unified Development Ordinance (UDO) Use Table for Light Industrial districts. There will be no additional conditions placed on the rezoning.
Because this is a standard rezoning, the Zoning Commission cannot impose limitations beyond those already established in the UDO. These limitations encompass allowable uses, use standards, development intensity, and other development regulations.
Supporting the City’s Vision: Bobcat Facility Rezoning:
The proposed rezoning of the Bobcat Facility at 2246 Angelia M Street, from Planned Industrial (M(P)) to Light Industrial (LI), aligns strategically with the city's comprehensive vision for sustainable growth and responsive governance. This request strengthens the following key elements of the city's long-term plan:
• Economic Diversity: A healthy mix of industrial uses within the LI zoning fosters a diverse tax base, reducing dependence on any single sector and promoting economic resilience.
• Favorable Development Environment: The LI zoning streamlines the development process for businesses seeking appropriate locations, creating a more attractive climate for job creation and investment.
• Managed Growth: The rezoning adheres to the city's Strategic Operating Plan, ensuring controlled development within designated areas and promoting efficient use of land resources.
Alignment with the 2040 Future Land Use Plan
The current mix of rural residential, industrial, and commercial uses surrounding the Bobcat Facility reflects the area's potential for integrated development. This rezoning proposal complements the vision outlined in the 2040 Comprehensive Plan, which designates the region as an Industrial/Employment Center (EC). By transitioning from M(P) to LI, the rezoning fosters high-intensity, nonresidential uses envisioned for the EC.
Strategic Advantage: Accessibility and Connectivity
The Bobcat Facility's strategic location further strengthens the case for the proposed rezoning. Situated directly off NC Highway 24 and approximately 1.68 miles from I-95, the facility benefits from exceptional accessibility and connectivity. This proximity to major transportation arteries provides significant advantages for businesses operating within the LI zone:
• Efficient Transportation: Easy access to NC Highway 24 and I-95 allows for the efficient movement of goods and materials, reducing transportation costs and improving delivery times. This can be a major selling point for businesses considering locating at the Bobcat Facility.
• Enhanced Market Reach: The convenient location broadens the market reach for businesses, enabling them to serve a wider customer base throughout the region. This can lead to increased sales and economic growth for businesses within the LI zone.
Strategic Move for a Well-Integrated Industrial Area
The proposed rezoning signifies a logical and strategic step towards achieving the city's long-term vision. An LI zoning for the Bobcat Facility fosters a well-integrated industrial area, promoting compatibility with surrounding uses and allowing for efficient development within the designated EC zone. This measured approach ensures responsible growth while supporting the city's economic and employment objectives. The site's proximity to major transportation infrastructure further strengthens its appeal, making it a prime location for businesses seeking a well-connected and accessible location within the city's designated industrial zone.
Alignment with the 2040 Future Land Use Plan:
The proposed rezoning aligns perfectly with several key goals and policies outlined in the City’s 2040 Future Land Use Plan.
• Focus on Strategic Growth: The project directly supports Goal #1: Focus value and investments around infrastructure and strategic nodes. It’s location leverages existing infrastructure and falls within a designated growth area.
• Promoting Economic Development: It aligns with Goal #2: Promote compatible economic and commercial development in key identified areas. By fostering economic activity in the designated Industrial/Employment Area (LU-2.1), the project contributes to a diverse and thriving economy.
• Creating Attractive Neighborhoods: While not directly residential, the development indirectly supports Goal #4: Foster safe, stable, and attractive neighborhoods. By adhering to site design standards (LU-4) that promote walkability and aesthetics, the project contributes to a visually appealing and well-connected community.
Meeting Development Standards
The proposed development adheres to the specific policies and strategies outlined in the plan:
• Infrastructure and Services (LU-1): The project's location ensures access to existing infrastructure and avoids straining city resources (1.4 applies if seeking city services in the MIA).
• Economic Development Strategy (LU-2): As previously mentioned, the project promotes economic growth within a designated zone (LU-2.1).
• Walkable Design (LU-4): The development will incorporate standards for pedestrian connections, high-quality design elements, and landscaping (4.1). Context-sensitive design will prioritize walkability and connectivity with surrounding areas (4.2).
• Gateway Enhancements (LU-5): While not a gateway project itself, the development indirectly contributes by adhering to design standards that avoid detracting from existing corridors.
• Resiliency Planning (LU-10): The project can incorporate on-site stormwater control measures to minimize environmental impact (10.1).
Overall, the proposed development demonstrates strong alignment with the city's long-term vision for strategic growth, economic development, and well-designed communities.
Budget Impact:
While the short-term budgetary impact of this Annexation and Map Amendment will be neutral, it lays the groundwork for future economic growth through increased tax revenue.
Options:
1. City Council moves to APPROVE the Map Amendment to LI as presented based on the evidence submitted that demonstrates consistency with the Future Land Use Plan as outlined in the attached consistency and reasonableness statement (recommended).
2. City Council moves to APPROVE OF THE MAP AMENDMENT WITH A MORE RESTRICTIVE zoning district based on the evidence submitted and an amended consistency statement that demonstrates consistency with the Future Land Use Plan.
3. City Council moves to DENY the Map Amendment request, finding it inconsistent with the Future Land Use Plan.
Recommended Action:
The Zoning Commission and Professional Planning Staff recommend APPROVAL of the map amendment to LI for the following reasons:
• Alignment with City Plans: The proposed change aligns with both the Future Land Use Plan (FLUP) and the Unified Development Ordinance (UDO). The FLUP designates the property as an Industrial/Employment Center (EC), which the LI zoning supports.
• Compatibility with Surrounding Area: The permitted uses and development standards under the proposed LI zoning are compatible with existing uses in the surrounding area.
• Minimal Impact on Public Well-Being: There are no anticipated negative impacts on 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 PowerPoint