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 & Zoning Manger
Craig Harmon, CZO - Senior Planner
DATE: June 24, 2024
RE:
Title
P24-24. Rezoning from Limited Commercial Conditional Zoning (LC/CZ) to Limited Commercial (LC) located at 7376 & 7376 Stoney Point Road (REID #s 9495108581000 & 9495109789000) totaling 8.65 acres ± and being the property of Kazi Hasiba Burns.
end
COUNCIL DISTRICT(S):
Council District(s)
6 - Derrick Thompson
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
Goal III: City invested in Today and Tomorrow
• Objective 3.2 - To manage the City's future growth and strategic land use.
Goal IV: Desirable Place to Live, Work, and Recreate
• Objective 4.5 - To ensure a place for people to live in great neighborhoods.
Executive Summary:
The applicant has requested to rezone two parcels at the corner of Stoney Point Road and Dundle Road from Limited Commercial Conditional Zoning (LC/CZ) to Limited Commercial (LC). One parcel is .95 acres with a single-family house and the other parcel is 7.70 acres and is currently vacant.
On May 14, 2024 the Zoning Commission held a legislative public hearing regarding this case. The Commission voted 5-0 to recommend approval.
Background:
Owner: Kazi Hasiba Burns
Applicant: The Charleston Group
Requested Action: LC/CZ to LC
REID #: 9495108581000 & 9495109789000
Council District: 6 - Derrick Thompson
Status of Property: One single family house and one vacant lot
Size: 8.65 acres
Adjoining Land Use & Zoning:
• North: SF-10 - Single family subdivision and vacant land
• South: AR, NC, and LC - Gas station, pet boarding facility, and vacant land
• East: SF-10 - Single family houses
• West: SF-10 and AR - Single family houses
Annual Average Daily Traffic: Stoney Point Road: 13,500
Dundle Road: 3,700
NCDOT STIP: U-6072A (Not funded)
Letters Mailed: 160
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. The Neighborhood Mixed Use character area calls for neighborhood-scale commercial uses, primarily horizontal development but vertical in key locations. Smaller-scale multi-family, attached, and small lot single family is possible.
Issues/Analysis:
History:
The subject properties were annexed into the City of Fayetteville in 2005 as part of the Phase V annexation project. The single-family house on the smaller lot was built in 1970 per Cumberland County Tax Office. The larger parcel did have a structure in the 1980s but the site is currently vacant and has been primarily agricultural in use.
There have been multiple rezoning requests in the past for the subject properties. The subject properties were successfully rezoned to Limited Commercial Conditional Zoning in 2018. The conditions prohibited a variety of uses and prohibited a grocery store and gas station from being on the site at the same time.
Surrounding Area:
The surrounding area is primarily residential in nature with some commercial uses concentrated at the corner of Stoney Point Road and Dundle Road. A small gas station is located at southwest corner of Stoney Point and Dundle Roads. Just to the east of the gas station, there is a pet boarding facility, Blessed Oasis. There are various commercially zoned properties in the area, however, they remain either undeveloped or are currently in use as residential housing. The southwest corner of Stoney Point and Dundle Roads remains undeveloped.
Rezoning Request:
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 applicant has requested to rezone two parcels from Limited Commercial Conditional Zoning (LC/CZ) to Limited Commercial (LC).
The Limited Commercial (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.
The reclassification of land to a base zoning district without conditions allows all of the uses that are shown on the Use Table taken from the UDO. The Zoning Commission 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 the Future Land Use Map & Plan, it is recommended that this portion of the city should be developed as Neighborhood Mixed Use. The Neighborhood Mixed Use character area calls for neighborhood-scale commercial uses, primarily horizontal development but vertical in key locations. Smaller-scale multi-family, attached, and small lot single family is possible.
Consistency and Reasonableness Statements:
The Future Land Use Plan also sets forth written goals, policies, and strategies. This application does follow the City’s strategic, compatible growth strategies and does meet the goals of the Land Use Plan found on the attached Consistency and Reasonableness form.
According to the 2040 Future Land Use Plan, this proposed development falls within Goal #1: Focus value and investment around infrastructure and strategic nodes, Goal #2: Promote compatible economic and commercial development in key identified areas, and Goal #3: Encourage redevelopment of strip commercial areas.
Under the plan’s Land Use Policies and Strategics section, Subsection Strategic, Compatible Growth, this proposed development falls under the following sections:
LUP 1: Encourage growth in areas well-served by infrastructure and urban services, including roads, utilities, parks, schools, police, fire, and emergency services.
• 1.6: Require adequate infrastructure to be in place prior to or in tandem with new development
LUP 2: Encourage strategic economic development
• 2.1: Encourage economic development in designated areas
• 2.5: Partner to determine specific uses that could be supported through adaptive reuse and redevelopment opportunities.
LUP 3: Encourage redevelopment along underutilized commercial strip corridors and reinvestment in distressed residential neighborhoods.
• 3.1: Examine and identify targeted redevelopment and infill areas throughout the city
LUP 4: Create well-designed and walkable commercial and mixed use districts
• 4.1: Ensure new development meets basic site design standards
LUP 5: Improve gateways
• 5.1: Continue to require perimeter landscaping and planting islands in significant renovations and redevelopment along commercial corridors.
Conclusion:
The proposed rezoning would allow for the redevelopment of a long vacant site leading to increased compliance with the current development standards and an improvement in one of Fayetteville’s major thoroughfares. The redevelopment will be required to meet the standards of the Unified Development Ordinance. The standards of the UDO should address potential concerns regarding the development’s impact on the surrounding area.
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. Approves the map amendment to LC 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. Approves 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 statement.
3. Denies 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 recommend that the City Council move to 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 uses permitted by the proposed change in zoning district classification and standards applied to such uses are 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 Statement
8. Presentation