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
P18-27F. The issuing of a Special Use Permit to allow a recycling center, to be located at 260 Tolar Street (Tax Map Number 0437-30-4579) near the intersection of Barnes and Winslow streets, containing approximately 5.4 acres and being the property of B/T STORAGE LLC.
end
COUNCIL DISTRICT(S):
Council District(s)
2
b
Relationship To Strategic Plan:
2024 Goals, Goal II: Diverse and Viable Economy is achieved through the locating of a new business in the City.
Executive Summary:
The property in question is located near the edge of the City’s downtown area, near the Martin Luther King Jr. Freeway/Highway 87. The owner proposes to locate a transfer recycling center at the location. This facility will divert metal, plastics, aggregate, wood, cardboard, carpet, and drywall from construction sites.
Background:
This property is just over five-acres and currently has several large vacant buildings and one small vacant building on it. Some of the existing buildings are dilapidated. One building has suffered major fire damage and another building has a missing roof and some walls. This property will require a major mitigation. A business on this property should greatly improve the aesthetics and safety issues that are currently present.
Applicant: Greg Spears
Owner: B/T STORAGE LLC
Requested Action: SUP - Recycling Center
Property Address: 260 Tolar Street
Council District: 2
Status of Property: Vacant Industrial
Size: 5.4 acres +/-
Adjoining Land Use & Zoning:
North - HI - Vacant and Rail Road
South - MR-5 - 3 Single Family Homes
West - HI & MR-5 - Communications Company Equipment, Rail Road and Unbuilt Residential
East - HI - Industrial, including NCDOT District Office
Letters Mailed: 39
Massey Hill Community Redevelopment Plan - 2003: Industrial Uses
2010 Land Use Plan: Downtown
Renaissance Plan Update 2013:
9. Growth Policy/Land Use Plan Update
The Fayetteville Strategic Plan, comprehensive plan and 2002 Renaissance Plan calls for increased emphasis on reinvestment in the downtown. This project will ask the City to consider this in the larger, long-range planning context, ensuring that the overall growth policy of the City favors infrastructure investment in areas already within municipal boundaries, emphasizing its commitment to a diverse and prosperous city center.
Issues/Analysis:
A use designated as a special use in a particular zoning district is one that may be appropriate in the district, but because of its nature, extent, and external effects, requires special consideration of its location, design, and methods of operation before it can be deemed appropriate in the district and compatible with its surroundings. The purpose of this section is to establish procedures and standards for review and approval of Special Use Permits that provide for such special consideration.
Expiration of a Special Use Permit
a. General
1. The City Council may prescribe a time limit within which a Building Permit <http://online.encodeplus.com/regs/fayetteville-nc/doc-view.aspx?pn=0&ajax=0&secid=10742> for the development authorized by a Special Use Permit shall be obtained. Failure to obtain a Building Permit within the specified time limit shall void the Special Use Permit.
2. Unless specified otherwise by the City Council, a Special Use Permit shall automatically expire if a Building Permit for the development authorized by the Special Use Permit is not obtained within one year after the date of issuance of the Special Use Permit, or if the development authorized by the Special Use Permit is discontinued and not resumed for a period of one year.
b. Extension
Upon written request submitted at least 30 days before expiration of the time period provided in accordance with Section 30-2.C.7 <http://online.encodeplus.com/regs/fayetteville-nc/doc-viewer.aspx?ajax=0&tocid=005.030.002.003.007>.d.8.a above, and upon a showing of good cause, the City Manager may grant one extension not to exceed six months. Failure to submit a written request for an extension within the time limits established by this section shall result in the expiration of the Special Use Permit.
Use-Specific Standards for Recycling Centers
A recycling center shall comply with the following standards:
a. The center shall be on a parcel with an area of at least five acres.
The parcel is 5.4 acres.
b. The center shall be located at least 250 feet from any residential district, schools, or child care center.
The applicant/owner asks for a reduction in this requirement. There are eight existing homes within the 250 foot buffer area. However the Massey Hill Community Redevelopment Plan calls for the consolidation of the existing residential properties on Tolar Street to make this an industrial area all the way west to the Martin Luther King Freeway/Highway 87.
c. Except for a freestanding office, no part of the center shall be located within 50 feet of any property line.
The applicant/owner asks for a reduction in this requirement. All of the buildings on this property are existing. In more than one area they are within 50 feet of the property lines. The reuse of the existing buildings is dependent on a reduction in this requirement.
d. All storage areas shall be effectively screened from view by walls, fences, or buildings. Such screening shall be designed and installed to ensure that no part of a storage area can be seen from right-of-way or adjacent lots. In no case shall the height of recyclable or recovered materials, or non-recyclable residue stored in outdoor areas exceed 20 feet or the height of the principal building on the lot, whichever is greater.
The applicant/owner will comply with this requirement. Staff suggests that a condition be added to this request that would limit the area where materials could be stored on the property. The attached, Material Storage Area map shows this possible location. This area would cause the least amount of impact on any of the surrounding residential properties.
e. All outdoor storage areas shall be surrounded by a solid fence that is at least eight feet high, located no less than 100 feet from any public right-of-way, and located no less than 50 feet from any adjacent property.
The applicant/owner must comply with this standard. Failure to comply will result in a violation of the City Ordinance.
f. Recyclable materials shall be contained within a leak-proof bin or trailer, and not stored on the ground.
The applicant/owner must comply with this standard. Failure to comply will result in a violation of the City Ordinance.
g. Only limited sorting, separation, or other processing of deposited materials shall occur on the site.
The applicant/owner must comply with this standard. Failure to comply will result in a violation of the City Ordinance.
h. There shall be no collection or storage of hazardous or biodegradable wastes on the site.
The applicant/owner must comply with this standard. Failure to comply will result in a violation of the City Ordinance.
Massey Hill Community Redevelopment Plan - 2003
This redevelopment plan represents a collaborative effort by the Fayetteville Department of Community Development and the residents of the Massey Hill neighborhood. The purpose of the study was as follows:
1. Assess the existing conditions and identify neighborhood issues and strengths;
2. Identify opportunities for improvement and potential redevelopment;
3. Develop recommendations that address physical improvements, community and social programs, and preferred land use patterns; and
4. Create a frame work for a strong and sustainable community that is a desirable place to live and invest.
The Massey Hill plan calls for the consolidation of properties on the northeast side of the Martin Luther King Jr Freeway/Highway 87, between Gillespie Street to the east and the rail road tracks to the west, for the expansion of industrial uses throughout that area.
Renaissance Plan Update 2013 Analysis
Downtown Fayetteville may be generally characterized by a bold crescent, connecting Fayetteville State University through the downtown core to the Cape Fear River. This crescent defines a two-mile long curve of activity, tracing its arc through the educational, civic and historic heart of the community. Surrounding neighborhoods, each with distinct identity and character, connect directly to this crescent through a series of walkable streets and trails. The industrial district of downtown is envisioned to gradually transition from today’s condition of pure industry and derelict buildings to a budding artists’ community, with disused buildings converted to house lofts, studios and galleries.
While the property in question does fall within the study area for the Renaissance Plan, it is not listed as one of the project areas of the plan.
2010 Land Use Plan Analysis
This property is located within the Downtown area of the City’s Land Use Plan. This Downtown area consists of all types of uses, from residential to industrial and most uses in-between.
To the north of this property it is mainly vacant with only the railroad in this area. To the west is a communications facility, railroad property and vacant land. To the east are other industrial properties including NC DOT’s local division offices and storage yard. All of these properties are zoned HI. Finally, to the south there is a series of small residentially zoned lots that currently have three homes on them.
The property under review is mostly surrounded by either industrial or undeveloped/rail road properties. It appears that the issuing of an SUP for this property will have little or no effect on the surrounding properties uses or values since this property has already been built and used for industrial purposes. This proposal is consistent with both the 2010 Land Use Plan and the Massey Hill Redevelopment Plan.
The Zoning Commission and City Planning staff recommend the following Conditions of Approval:
1. Any material that is stored outside would be located away from the existing residential uses in the northern part of the property as shown on the attached Separation Buffer/Material Storage Location Map.
On August 14th the Zoning Commission held a public hearing regarding this case there was on speaker in favor (Greg Spears, Grant Murray Real Estate) and none in opposition. Mr. Spears, who represents the buyer, stated that if approved his will address as follows:
• Cleaning up the property.
• Assisting the county landfill by using their own trucks.
• This will not be a garbage collection; the facility will divert metal, plastics, aggregate, wood, cardboard, carpet, and drywall from construction sites.
• This business is already in the Fayetteville area, this SUP will give the owner the opportunity to own property instead of leasing.
• The materials being worked on will be out of sight and under cover
• Facility will free up the landfills by recycling these construction materials.
• The Railroad is excited for this project to come to fruition. The Railroad will have direct access to this property.
• Materials will be separated via machines and people - NO chemicals will be used
• Smaller environmental impact.
• Applicant will comply with all requirements.
The Commission voted 5-0 to recommend approval.
The Zoning Commission and City Planning staff recommend APPROVAL of the SUP based on the applicant’s ability to meet the standards listed below:
Special Use Permit Standards
A Special Use Permit shall be approved only upon a finding that all of the following standards are met:
1. The special use complies with all applicable standards in Section 30-4.C, Use-Specific Standards; the applicant/owner must comply with this standard. Failure to comply will result in a violation of the City Ordinance.
The applicant/owner must comply with this standard. Failure to comply will result in a violation of the City Ordinance.
2. The special use is compatible with the character of surrounding lands and the uses permitted in the zoning district(s) of surrounding lands;
Yes, this property and most of the surrounding land is zoned for industrial uses and the property in question has been developed and used for many years as an industrial property.
3. The special use avoids significant adverse impact on surrounding lands regarding service delivery, parking, loading, odors, noise, glare, and vibration;
The owners must comply with the Use-Specific standards, listed above. These standards help to mitigate any adverse impacts on surrounding lands.
4. The special use is configured to minimize adverse effects, including visual impacts of the proposed use on adjacent lands;
The owners must comply with the Use-Specific standards, listed above. These standards help to mitigate any adverse impacts on surrounding lands.
5. The special use avoids significant deterioration of water and air resources, wildlife habitat, scenic resources, and other natural resources;
The owners must comply with the Use-Specific standards, listed above. These standards help to mitigate any adverse impacts on surrounding lands.
6. The special use maintains safe ingress and egress onto the site and safe road conditions around the site;
This use will use the existing ingress and egress to Southern Avenue along Tolar Street.
7. The special use allows for the protection of property values and the ability of neighboring lands to develop the uses permitted in the zoning district;
No evidence has been present that indicates that property values will be effected by this SUP request.
8. The special use complies with all other relevant City, State, and Federal laws and regulations.
This SUP must comply with any and all City, State, and Federal laws and regulations to remain in business.
Budget Impact:
There is not an immediate budgetary impact but there is an economic impact to this SUP request. A business will move into the site and provide continued jobs and service to the Fayetteville area.
Options:
1. Approval of the application as submitted;
2. Approval of the application subject to conditions; (Recommended by Staff)
3. Denial of the application.
Recommended Action:
OPTION 1
I move to APPROVE the Special Use Permit (SUP) to allow a recycling center to be located on this property, as presented by the staff, based on the standards of the City's development code and the evidence presented during this hearing. And that the application is consistent with applicable plans because: 1) the City’s existing Massey Hill Community Redevelopment Plan calls for this area to be used for Industrial purposes; 2) that the uses surrounding this property are all compatible with the proposed SUP; and 3) the proposed SUP is reasonable and in the public interest because the proposed SUP does fit with the character of the development in this area.
[Applicable to Motion to Approve] If approved, this Special Use Permit shall become effective ten days after its approval by the City Council, which is October 4, 2018. The SUP shall expire one year from its effective date if a building permit is not issued within that time.
*For a motion to approve, all eight findings below must be met.
(1) The special use will comply with all applicable standards in Section 30-4.C, Use-Specific Standards; [insert supporting facts]
(2) The special use is compatible with the character of surrounding lands and the uses permitted in the zoning district(s) of surrounding lands; [insert supporting facts]
(3) The special use avoids significant adverse impact on surrounding lands regarding service delivery, parking, loading, odors, noise, glare, and vibration; [insert supporting facts]
(4) The special use is configured to minimize adverse effects, including visual impacts of the proposed use on adjacent lands; [insert supporting facts].
(5) The special use avoids significant deterioration of water and air resources, wildlife habitat, scenic resources, and other natural resources; [insert supporting facts]
(6) The special use maintains safe ingress and egress onto the site and safe road conditions around the site; [insert supporting facts].
(7) The special use allows for the protection of property values and the ability of neighboring lands to develop the uses permitted in the zoning district; [insert supporting facts]
(8) The special use complies with all other relevant City, State, and Federal laws and regulations. [insert supporting facts]
OPTION 2
I move to DISAPPROVE the Special Use Permit (SUP) to allow a recycling center to be located on this property, as presented by the staff, based on the standards of the City's development code and the evidence presented during this hearing. And that the application does not meet all eight findings of fact listed below. [List any of the eight findings below that have not been met.]
[Applicable to Motion to Deny] If denied this action shall become effective ten days after its denial by the City Council, which is October 4, 2018.
* For a motion to deny only one of the findings shown below needs to not apply.
(1) The special use will comply with all applicable standards in Section 30-4.C, Use-Specific Standards; [insert supporting facts]
(2) The special use is compatible with the character of surrounding lands and the uses permitted in the zoning district(s) of surrounding lands; [insert supporting facts]
(3) The special use avoids significant adverse impact on surrounding lands regarding service delivery, parking, loading, odors, noise, glare, and vibration; [insert supporting facts]
(4) The special use is configured to minimize adverse effects, including visual impacts of the proposed use on adjacent lands; [insert supporting facts].
(5) The special use avoids significant deterioration of water and air resources, wildlife habitat, scenic resources, and other natural resources; [insert supporting facts]
(6) The special use maintains safe ingress and egress onto the site and safe road conditions around the site; [insert supporting facts].
(7) The special use allows for the protection of property values and the ability of neighboring lands to develop the uses permitted in the zoning district; [insert supporting facts]
(8) The special use complies with all other relevant City, State, and Federal laws and regulations. [insert supporting facts]
Attachments:
Exhibit A - Zoning Map
Exhibit B - Land Use Plan Map
Exhibit C - Application
Exhibit D - Separation Buffer/Material Storage Location Map
Exhibit E - Aerial Map of Site Damage
Exhibit F - Site Photos