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 Manager
FROM: Heather Eckhardt, CZO - Planner II
DATE: November 28, 2022
RE:
Title
P22-43. Rezoning from Office and Institutional (OI) to Community Commercial (CC) of .64 acres ± of total 1.41 acres ±, located at 3709 Morganton Road (REID #0417590018000) and 0 Drive (REID #0417489851000), and being the property of Diane Harrell, Trustee, represented by Larry King & Associates.
end
COUNCIL DISTRICT(S):
Council District(s)
9 - Deno Hondros
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.
Executive Summary:
The subject properties are currently split zoned - Office and Institutional (OI) and Community Commercial (CC). The applicant would like to rezone the OI portion of the property (.64 acres ±) to CC in order to unify the zoning of the properties for possible future development.
The CC zoning district is established and intended to accommodate a diverse range of medium- to high-intensity retail, service, and office uses that provide goods and services serving the residents and businesses in the community at large-e.g., shopping centers, convenience stores, retail sales establishments, and heavier commercial uses. The district is typically located along major arterials, at the intersection of arterials, and along growth corridors identified in City plans.
The Zoning Commission held a legislative meeting on October 11, 2022. The Zoning Commission voted unanimously (5-0) to recommend approval of the proposed map amendment.
Background:
Owner: Diane Harrell, Trustee
Applicant: Larry King & Associates
Requested Action: OI to CC
REID: 0417590018000 & 0417489851000
Council District: 9 - Deno Hondros
Status of Property: Vacant/Undeveloped
Size: .64 acres ± of 1.41 total acres ±
Adjoining Land Use & Zoning:
• North: LC & OI - Retail & Office
• South: CC - Retail
• East: SF-10 - Single-family residential
• West: CC - Retail
Annual Average Daily Traffic: Morganton Road: 16,000 (2016)
Sycamore Dairy Road: 15,000 (2016)
Letters Mailed: 148
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 Regional Center (RC).
Regional Center is described as commercial centers with a regional draw with less than 400,000 square feet of non-residential leasable space with some 5 + story buildings and hotels. Institutional uses are possible or clusters of lower-density, large-scale commercial uses. Some residential uses are possible but only on upper floors or as multi-family structures on the edges.
Issues/Analysis:
History:
The subject properties and the surrounding area were annexed into the City of Fayetteville between 1970 and 1979. The subject properties are currently wooded and undeveloped. Both properties are currently split zoned - OI & CC.
Surrounding Area:
The subject properties are located near the intersection of two commercial corridors - Morganton Road and Sycamore Dairy Road. All four parcels located at the intersection of Morganton Road and Sycamore Dairy Road are commercially zoned and have been developed accordingly with retail stores, restaurants, and convenience stores. The properties to the north are zoned OI & LC and are home to general office spaces as well as medical offices and a retail strip center. The areas to the south and west are long-standing commercial developments including Westwood Shopping Center. The area to the east of the subject properties is Highgrove subdivision, a residential subdivision consisting of nine single-family hosues. Any commercial development on the subject properties would be required to install an opaque landscape buffer to shield all residential developments adjacent to the property.
Rezoning Request:
The applicant is requesting to rezone 0.64 acres ± of a 1.41 total acres ± from Office and Institutional (OI) to Community Commercial (CC). This will make the property more cohesive and allow for a consistent development in the future.
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 and Institutional (OI) to Community Commercial (CC).
The CC District is established and intended to accommodate a diverse range of medium- to high-intensity retail, service, and office uses that provide goods and services serving the residents and businesses in the community at large-e.g., shopping centers, convenience stores, retail sales establishments, and heavier commercial uses. The district is typically located along major arterials, at the intersection of arterials, and along growth corridors identified in City plans.
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 Regional Center (RC).
Regional Center is described as commercial centers with a regional draw with less than 400,000 square feet of non-residential leasable space with some 5 + story buildings and hotels. Institutional uses are possible or clusters of lower-density, large-scale commercial uses. Some residential uses are possible but only on upper floors or as multi-family structures on the edges.
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 rezoning to CC 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.
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 rezoning based on the evidence submitted and finds that the rezoning is inconsistent with the Future Land Use Plan.
Recommended Action:
The Zoning Commission and Professional Planning Staff recommend the City Council move to APPROVE the map amendment to CC 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 Regional Center.
• 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