TO: Mayor and Members of City Council
THRU: Kristoff Bauer, ICMA - CM, Deputy City Manager
FROM: Craig M. Harmon, AICP, CZO - Senior Planner
DATE: June 26, 2017
RE:
Title
P17-08F The rezoning of property from SF-10 - Single Family Residential to CC - Community Commercial or LC - Limited Commercial Zoning District, located at 1428, 1432 & 1436 Pamalee Dr. near the intersection of Pamalee & Cain being the property of 3% GENERAL CONTRACTING LLC, by Arnell Bobbitt. (Appeal Case)
end
COUNCIL DISTRICT(S):
Council District(s)
4
b
Relationship To Strategic Plan:
Growth and Development
Executive Summary:
The owner of this property wishes to rezone for commercial use. Currently, the property is zoned SF-10 and undeveloped.
Background:
The properties in question sit on the south side of Pamalee Drive, just west of Cain Road. The property has SF-10 - Single Family zoning on three sides. The remaining side, to the east, is zoned OI - Office and Institutional.
Applicant: Arnell Bobbitt
Requested Action: SF-10 to CC or LC
Property Address: 1428, 1432 & 1436 Pamalee Dr.
Council District: 4
Status of Property: Undeveloped
Size: 1.43 acres +/-
Adjoining Land Use & Zoning:
North - SF-10 - Single Family Residential and a Church
South - SF-10 - Single Family Residential
West - SF-10 - Single Family Residential
East - OI - Office
Letters Mailed: 67
Land Use Plan: Single Family Residential
Strategic Plan: Goals 2020: The City of Fayetteville will be a highly desirable place to live, work and recreate with thriving neighborhoods and a high quality of life for all residents.
2030 Growth Vision Plan: Policy 9.2: Local governments should BE CAUTIOUS OF REZONING RESIDENTIALLY ZONED LAND to commercial zoning solely because it adjoins a major highway or street. Proper design and/or buffering has shown that land tracts adjoining major streets can be properly developed for residential use.
Additional Reviews:
Technical Review Committee (TRC) - A preliminary review was conducted on this site. There are no plans for the TRC to review at this time.
Issues/Analysis:
From the intersection of Cain Road and Pamalee Drive there are a few lots zoned for OI use, but none for commercial use. This section of Pamalee is mainly residential with a few houses that have been converted to offices in the OI district. The applicant has asked that this property be rezoned to either CC - Community Commercial or LC - Limited Commercial. The applicant has stated that a potential use would be the selling, displaying and storage of sheds on the property. However, as a straight rezoning, the applicant could use the property for any uses allowed in the CC or LC district if approved. There is no other commercially zoned property around these lots. This may be a case of spot zoning if approved. If approved, this rezoning could establish the basis for converting other residential property to commercial, destabilizing the existing residential and initiating a new pattern of commercial traffic and turning movements not intended to that area. The owner has indicated that she would like to sell small sheds/barns on this property.
On May 9th the Zoning Commission held a public hearing regarding this case. There was one speaker in favor and one in opposition. The Commission voted 3-2 to deny the rezoning. The owner filed an appeal to the City Council.
The Zoning Commission and City staff recommend DENIAL of the rezoning to LC - Limited Commercial or CC - Community Commercial based on:
1. The property has residential development already built on three of its sides.
2. The City’s land use plan calls for low density residential on this property and currently these properties are zoned for those types of uses.
3. The rezoning to LC or CC could be considered spot zoning.
4. The denial of this request helps a residential section of Pamalee to remain as such. .
Budget Impact:
This action may result in an increase in City services that would be offset by the increased revenue collected through the City's taxes.
Options:
1) Approval of the rezoning to LC or CC.
2) Approval of the rezoning to a more restrictive district.
3) Denial of the rezoning. (recommended)
Recommended Action:
The Zoning Commission and City Staff recommend that the City Council move to Deny the rezoning to CC - Community Commercial or LC - Limited Commercial Zoning District, as presented by the staff. The Amendment is NOT consistent with applicable plans because: 1) the City’s Land Use plan calls for low density residential on this site and 2) that the uses and zoning to the north, south and west of this property are NOT compatible with the proposed zoning and 3) the proposed zoning is NOT reasonable and in the public interest because the proposed zoning does NOT fit with the character of most of the development in this area.
Attachments:
Zoning Map
Current Land Use Map
Land Use Plan Map
Application
Site Photos