TO: Mayor and Members of City Council
THRU: Kelly Olivera - Assistant City Manager
Dr. Gerald Newton, AICP - Development Services Director
Jennifer C Baptiste, CZO - Planning and Zoning Division Manager
FROM: Craig M. Harmon, CZO - Senior Planner
DATE: November 28, 2022
RE:
Title
P22-40. Rezoning from Neighborhood Commercial (NC) to Limited Commercial (LC) of 1.23 acres ±, located at 6985 Raeford Rd. (REID # 9496575779000) and is the property of Fort Sill National Bank, represented by Michael Sweat.
end
COUNCIL DISTRICT(S):
Council District(s)
6 - Derrick Thompson
b
Relationship To Strategic Plan:
Strategic Operating Plan FY 2022
Goals 2026
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.
• Objective 3.3 - To sustain a favorable development and business climate through timely and accurate construction review and building inspection services
Goal IV: Desirable Place to Live, Work and Recreate
• Objective 4.3 - To improve mobility and connectivity through sidewalk, trail, and bike lane investments
• Objective 4.4 - To provide a clean and beautiful community with increased green spaces
• Objective 4.5 - To ensure a place for people to live in great neighborhoods
Executive Summary:
The applicant is seeking to rezone 1.23 acres ± of NC - Neighborhood Commercial zoning to LC - Limited Commercial. The parcel is currently undeveloped and is located at the intersection of Festival Drive, Nexus Court, and Raeford Road. The owners are seeking a rezoning to a less restrictive commercial district that allows drive-thru service.
The LC zoning district is established and intended to accommodate a wider range of moderate-intensity general retail, business, and service uses that serve groups of neighborhoods.
On October 11, the Zoning Commission held a Legislative Hearing regarding this case. There were no speakers for this item. The commission voted 5-0 to recommend approval.
Background:
This parcel was annexed into the City of Fayetteville in 2005.
Applicant: Michael Sweat, FSNB
Owner: Fort Sill National Bank
Requested Action: NC to LC
Property Address: 6985 Raeford Road
Council District: 6 - Derrick Thompson
Status of Property: Undeveloped
Size: 1.23 acres ±
Adjoining Land Use & Zoning:
• North: SF-6 & SF-10 - Raeford Rd. and residential
• South: NC - Commercial, Trampoline Business
• East: OI - Vacant
• West: LC - Festival Dr. & Commercial restaurant with drive-thru.
Letters Mailed: 115
Traffic Counts: Average Daily Traffic 2020 Raeford Rd - 27,000
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 Office & Institutional (OI).
Office & Institutional is best described as medium-intensity nonresidential uses. Light industrial, office, flex spaces, warehousing, large schools/institutions. Businesses or buildings are grouped sometimes in business parks. This area also includes utilities and city services.
Issues/Analysis:
History:
This property was platted as part of Rayconda Plaza Office Park in 2001 and is identified as outparcel A of Section 1 Part 1 of the Office Park.
Surrounding Area:
The applicant’s proposal is congruous with the types of zoning and development along this area of Raeford Road. It is also in keeping with the recommended zoning of the 2040 Future Land Use Plan. The properties to the west and south are already zoned for both commercial and office uses. To the east of this property is a series of offices, mainly medical. To the west is a Burger King restaurant, with a drive-thru. Just beyond that to the west is a Food Lion Shopping Center, Rayconda Plaza. To the south is First Impressions Academy, along with several offices and JP’s Jump Masters, an indoor trampoline park. To the north is Raeford Road/US401. This is a four-lane highway with grass medium and additional turn lanes. This property sets at an unsignalized intersection of Festival Drive and Raeford Road.
Rezoning Request:
The applicant is requesting to rezone an area currently zoned Neighborhood Commercial (NC) to Limited Commercial (LC) which would allow the development of commercial, office, or multi-family. The zoning purpose of the LC District is to “serve groups of neighborhoods instead of just an individual neighborhood.” In the existing zone, NC, uses are 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).
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 Neighborhood Commercial (NC) to Limited Commercial (LC).
The LC District is established and intended to accommodate a wider range of moderate-intensity general retail, business, and service uses that serve groups of neighborhoods instead of just an individual neighborhood-e.g., grocery stores, drugstores, large restaurants, gas stations, and higher order retail uses like specialty stores. The district is not intended to accommodate intensive commercial or other business uses. Residential uses are encouraged on the upper floors of nonresidential establishments. The district is subject to standards intended to ensure development is compatible with surrounding residential neighborhoods.
The proposed zoning district is compatible with the area and this district is in keeping with the City’s Future Land Use Plan. This rezoning would be a complement to the commercial zoning districts around this parcel.
The reclassification of land to a straight zoning district allows all of the uses that are shown on the attached Use Table taken from 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.
Land Use Plan Analysis:
According to Future Land Use Map & Plan, this area is recommended to be developed as an Office & Institutional (OI). Office & Institutional is best described as medium-intensity nonresidential uses. Light industrial, office, flex spaces, warehousing, large schools/institutions. Businesses or buildings are grouped sometimes in business parks. (The property in question is part of the Rayconda Plaza Office Park) This area also includes utilities and city services.
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/rezoning as presented based on the evidence submitted and finds that the map amendment/rezoning is consistent with the Future Land Use Plan as demonstrated by the attached consistency and reasonableness statement.
2. City Council moves to approve the map amendment/rezoning to a more restrictive zoning district based on the evidence submitted and finds that the map amendment/rezoning would be consistent with the Future Land Use Plan and an amended consistency and reasonableness statement.
3. City Council moves to deny the map amendment/rezoning based on the evidence submitted and finds that the map amendment/rezoning is inconsistent with the Future Land Use Plan.
Recommended Action:
The Zoning Commission and Professional Planning Staff recommend that the City Council approve the map amendment to LC 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 Office and Institutional.
• 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