TO: Mayor and Members of City Council
THRU: Kelly Olivera, Assistant City Manager
Dr. Gerald Newton, AICP - Development Services Director
FROM: Heather Eckhardt, CZO - Planner II
DATE: February 27, 2023
RE:
Title
P23-01. Rezoning from Office and Institutional (OI) to Neighborhood Commercial (NC) zoning district of .32 acres ±, located at 1302 Fort Bragg Road (REID #0427965185000) and being the property of Leslie K. and Justin D. Pearson.
end
COUNCIL DISTRICT(S):
Council District(s)
5 - Mayor Pro Tem Johnny Dawkins
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 subject property is currently zoned Office and Institutional (OI). The applicant would like to rezone the property to Neighborhood Commercial (NC) to accommodate a retail sales business.
The NC zoning district is “established and intended to accommodate small-scale, low-intensity, and "convenience" retail and service uses that provide goods and services serving the residents of the immediately surrounding neighborhood (e.g., personal service uses, small restaurants, and limited retail).
The Zoning Commission held a legislative hearing on January 10, 2023. The Zoning Commission voted unanimously to recommend approval of the proposed map amendment (5 - 0). The applicant attended and spoke at the legislative hearing. There were no speakers in opposition.
Background:
Owner: Leslie K. and Justin D. Pearson
Requested Action: OI to NC
REID: 0427965185000
Council District: 5 - Mayor Pro Tem Johnny Dawkins
Status of Property: Single-family house converted to retail business
Size: .32 acres ±
Adjoining Land Use & Zoning:
• North: SF-6 - Single-family subdivision
• South: NC - Fire station
• East: NC - Office
• West: OI - Office
Annual Average Daily Traffic: Fort Bragg Road: 12,500 (2021)
Letters Mailed: 249
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 Neighborhood Mixed Use. Neighborhood Mixed Use is intended for neighborhood-scale commercial uses with buildings that are one to three stories. Smaller-scale multi-family, attached and small lot single-family are intermixed.
Issues/Analysis:
History:
The subject property and surrounding area have been part of the City of Fayetteville since 1923. The structure on the property was built in 1914 as a single-family house. The property is currently zoned OI which allows for single-family residences as well as low-intensity professional and business offices. In recent years, the area around the subject property has become an extension of the Hay Street commercial corridor area with businesses like District House of Taps and Leclair’s. The subject property is currently occupied by Curate Essentials, a retail sales business. Retail sales are not permitted in the OI zoning district.
Surrounding Area:
The subject property is located in the center of Haymount. The area is host to a large variety of uses including single-family detached houses, business offices, churches, retail shops, and Fire Station 2. The Pershing Heights subdivision (General Lee Avenue area) to the north is currently zoned Single Family Residential 6 (SF-6) while the area to the west is zoned Office and Institutional (OI) and home to an assortment of offices. The properties to the south and east are zoned Neighborhood Commercial (NC) with uses such as Fayetteville Fire Station 2, One Hour Cleaners, and additional office spaces. The properties at 1318 and 1320 Fort Bragg Road were rezoned in recent years to accommodate the recent commercial growth in the area.
Rezoning Request:
The applicant is requesting to rezone .32 acres ± from Office & Institutional (OI) to Neighborhood Commercial (NC). The applicant owns Curate Essentials, a retail business, which currently occupies the property. The applicant is looking to bring the property into compliance regarding the use type and zoning district. Retail sales are not permitted in OI however, it is permitted in the proposed NC zoning district. The property is currently in use as a retail business selling soaps, lotions, and other handmade products. The business is of a scale and intensity which is in keeping with the businesses and residences in the area.
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 Office & Institutional (OI) to Neighborhood Commercial (NC).
The NC zoning district is “established and intended to accommodate small-scale, low-intensity, and "convenience" retail and service uses that provide goods and services serving the residents of the immediately surrounding neighborhood (e.g., personal service uses, small restaurants, and limited retail).”
The proposed zoning district is compatible with the area and this district is in keeping with the City’s Future Land Use Plan.
The reclassification of land to a straight zoning district allows all of the uses that are shown on Use Table in the Unified Development Ordinance. 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:
According to Future Land Use Map & Plan, this area is recommended to be developed as Neighborhood Mixed Use (NMU). Neighborhood Mixed Use areas are intended to accommodate neighborhood-scale commercial uses as well as smaller-scale multi-family, attached, and small-lot single-family houses with low density at the edges.
The proposed use of the property as a small retail business is in line with the Neighborhood Mixed Use land use character area recommended by the Future 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 to NC 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. City Council moves to approve 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 and reasonableness statement; or
3. City Council moves to deny 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 recommends that the City Council move to APPROVE the map amendment to NC based on the following:
• The proposed zoning map amendment implements the policies adopted in the Future Land Use Plan (FLUP), and those policies found in the Unified Development Ordinance (UDO). The Future Land Use Plan calls for the subject property to be developed as Neighborhood Mixed Use.
• The uses permitted by the proposed change in zoning district classification and standards apply to such use and 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. 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