TO: Mayor and Members of City Council
THRU: Zoning Commission
FROM: Demetrios Moutos - Planner I
DATE: July 9, 2024
RE:
Title
P24-28. Rezoning of two properties from Office and Institutional (OI) to Limited Commercial (LC) located at 6966 and 6962 Nexus Court (REID #’s: 9496579924000 and 9496579996000) totaling 0.79 acres ± and being the properties of MCNL Enterprises LLC represented by Tejwant Chandi
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
o Objective 2.1: To ensure a diverse City tax base.
o Objective 2.4: To sustain a favorable development climate to encourage business growth.
• Goal III: City Invested in Today and Tomorrow
o Objective 3.2: To manage the City’s future growth and strategic land use.
Executive Summary:
MCNL Enterprises LLC’s proposed rezoning of the vacant land at 6966 and 6962 Nexus Court aims to support the development of an office building in a manner consistent with community needs and existing land use patterns, ensuring orderly and sustainable growth for the City of Fayetteville.
This item was presented to the Zoning Commission on June 11, 2024. However, due to the applicant’s absence and inability to answer questions, the board decided to postpone the decision until the July 9, 2024 meeting.
Background:
• Owner: MCNL Enterprises LLC
• Applicant: Tejwant Chandi
• Requested Action: Rezoning from Office and Institutional (OI) to Limited Commercial (LC)
• REID #s: 9496579924000 and 9496579996000
• Council District: 6 - Derrick Thompson
• Status of Properties: Vacant
• Size: 0.79 acres ±
• Adjoining Land Use and Zoning:
• North: SF-10 and LC - Trinity United Methodist Church and Round-A-Bout Skating Center
• South: OI - First Impressions Academy and Fresenius Kidney Care West Fayetteville
• East: OI - School Building used by First Impressions Academy
• West: OI - Eye Medics Adult and Pediatric Eye Care
Annual Average Daily Traffic 2022
• Raeford Road: 30,500 (No NCDOT data on Nexus Court)
Postcards Mailed: 108
Land Use Maps and Plans:
The 2040 Comprehensive Plan, adopted on May 26, 2020, designates this area for Office/Institutional development, encompassing light industrial sites, offices, flex spaces, and large institutions.
Issues/Analysis:
History: The subject properties are part of the Rayconda Plaza Office Park subdivision within Seventy-First Township. Phillip R. Taylor and Katrin D. Taylor sold the properties to MCNL Enterprises LLC, with the sale officially recorded on July 29, 2021. The properties, totaling about 0.79 acres, are described as Lots 4 and 5 in Rayconda Office Park. An excise tax of $400 was paid for this transaction. The deed paperwork was prepared by Rebecca F. Person, PLLC, and submitted electronically by Thorp and Clarke, P.A. According to aerial imagery, a road connected these properties to Raeford Road between 1968 and 1995. The area was extensively cleared and developed between 1995 and 2001 and has continued to grow, although the specific properties in question have remained vacant.
Surrounding Area: The subject properties border Raeford Road, but all nearby businesses front and access Nexus Court. Recently, improvements have been completed on the westbound lanes of Raeford Road, with similar upgrades planned for the eastbound lanes according to NCDOT’s 2024-2033 STIP Map. The area is characterized by low-density single-family residential, institutional, and office uses, with some light strip commercial development scattered throughout. Adjoining land uses and zoning include SF-10 and LC to the north (Trinity United Methodist Church and Round-A-Bout Skating Center), OI to the south (First Impressions Academy and Fresenius Kidney Care West Fayetteville), OI to the east (school building used by First Impressions Academy), and OI to the west (Eye Medics Adult and Pediatric Eye Care).
Rezoning Request: MCNL Enterprises LLC is seeking to rezone two parcels from Office and Institutional (OI) to Limited Commercial (LC). The LC District is designed to accommodate a broader range of moderate-intensity general retail, business, and service uses that serve multiple neighborhoods rather than just one. Examples of such uses include grocery stores, drugstores, large restaurants, gas stations, and specialty retail stores. The district is not intended for intensive commercial or high-impact business activities. Residential uses are encouraged on the upper floors of non-residential buildings. Additionally, the district is governed by standards to ensure that new developments are compatible with the surrounding residential neighborhoods.
Straight Rezoning: The request is for a straight rezoning from Office and Institutional (OI) to Limited Commercial (LC). The reclassification of land to a base zoning district without conditions allows all uses permitted in that district as shown in the Use Table in the UDO. The Zoning Commission cannot impose conditions or restrictions on the range of allowable uses, use standards, development intensities, or other development standards.
Land Use Plan Analysis
Strategic Plan Alignment:
• Goal II: Responsive City Government Supporting a Diverse and Viable Economy
• Objective 2.1: Rezoning to Limited Commercial (LC) diversifies the tax base by providing an opportunity for the introduction of more retail and service uses.
• Objective 2.4: Supports a favorable development climate, encouraging business growth through moderate-intensity commercial activities.
• Goal III: City Invested in Today and Tomorrow
• Objective 3.2: Manages future growth with strategic land use, ensuring orderly and sustainable development.
Context and Compatibility: The subject properties, currently vacant and zoned Office and Institutional (OI), are proposed to be rezoned to Limited Commercial (LC). This change is well-suited to the surrounding mix of residential, institutional, and office uses. The LC zoning introduces the opportunity for a broader range of commercial activities, such as grocery stores, drugstores, large restaurants, and specialty retail stores, which could serve the needs of multiple neighborhoods. These diverse commercial options have the potential to attract more businesses and customers to the area, thereby enhancing the local economy by increasing commercial activity and providing more services and amenities to residents. Additionally, the inclusion of residential uses on the upper floors of non-residential buildings offers the possibility of creating a vibrant, mixed-use environment, promoting walkability and potentially reducing the need for car travel within the community. This strategic rezoning aligns with the city’s goals of fostering a diverse and viable economy and managing future growth through strategic land use.
Traffic and Accessibility: Raeford Road improvements enhance area accessibility, providing the potential to make it more attractive for commercial development. The recent upgrades to the westbound lanes, with similar improvements planned for the eastbound lanes, improve traffic flow and ease of access to the area. Although businesses currently access Nexus Court, the proximity to Raeford Road offers significant advantages in terms of visibility and connectivity. This main thoroughfare's high traffic volume increases exposure for businesses, potentially drawing more customers and making it a desirable location for retailers and service providers. The improved road infrastructure also supports easier and more efficient transportation for both customers and suppliers, further contributing to the area's commercial appeal.
Comprehensive Plan and Development Patterns: The 2040 Comprehensive Plan designates this area for Office/Institutional development, which includes uses such as offices, light industrial sites, flex spaces, and large institutions. Rezoning to Limited Commercial (LC) aligns with this designation by permitting moderate-intensity commercial uses that complement the existing office and institutional environment. This includes businesses like grocery stores, drugstores, large restaurants, and specialty retail stores, which can provide essential services and amenities to the surrounding institutional and office developments. This rezoning supports logical and orderly growth by creating a more integrated and functional mixed-use area. It offers opportunities for employees and visitors of the office and institutional establishments to access a variety of retail and service options within proximity, reducing the need for travel and fostering a more self-contained community. Additionally, the allowance for residential units above commercial establishments encourages a live-work-play environment, enhancing the overall appeal and utility of the area. This strategic approach to land use ensures that development remains consistent with the comprehensive plan's vision while meeting the evolving needs of the community.
Environmental and Community Impact: Rezoning to Limited Commercial (LC) is not expected to adversely impact property values or the natural environment. The standards governing the LC district are designed to ensure that new developments are compatible with surrounding residential neighborhoods. This compatibility is achieved through specific zoning regulations that control building height, setbacks, and landscaping requirements, which help to maintain the aesthetic and functional harmony between commercial and residential areas. For example, buffer zones and green spaces may be required to separate commercial properties from residential ones, reducing noise and visual impact. Additionally, regulations often include guidelines for managing traffic flow and parking, minimizing disruption to nearby residents. From an environmental perspective, the Unified Development Ordinance (UDO) includes measures to protect natural resources and manage stormwater runoff, ensuring that new developments do not contribute to flooding or pollution. These measures might involve the use of permeable surfaces, retention ponds, and other green infrastructure solutions. By adhering to these standards, the rezoning to LC promotes balanced and sustainable urban growth. It allows for the introduction of essential commercial services and amenities that support the local community while preserving the character and quality of the residential neighborhoods. This thoughtful approach to development helps maintain property values by enhancing the overall attractiveness and functionality of the area, making it a desirable place to live and work.
Conclusion
The rezoning from Office and Institutional (OI) to Limited Commercial (LC) by MCNL Enterprises LLC aligns with Fayetteville’s strategic goals and comprehensive plan in several key ways. First, it supports the goal of diversifying the city’s tax base. By allowing a broader range of commercial activities such as grocery stores, drugstores, large restaurants, and specialty retail stores, the LC zoning attracts a variety of businesses that contribute to the local economy. This diversification helps stabilize the city’s revenue by reducing dependence on any single type of business or industry. Second, the rezoning encourages business growth by creating an environment that is attractive to moderate-intensity commercial enterprises. The LC district is designed to accommodate businesses that serve multiple neighborhoods, increasing the potential customer base for new enterprises. This can lead to more job opportunities, higher employment rates, and overall economic vitality in the area. Additionally, the proximity to Raeford Road, with its recent infrastructure improvements, makes the area more accessible and appealing to potential businesses. Third, the rezoning ensures orderly development that is compatible with surrounding uses. The LC district standards require developments to be compatible with nearby residential and institutional uses. This includes specific guidelines on building heights, setbacks, landscaping, and traffic management to ensure that new commercial developments integrate smoothly with the existing community fabric. The presence of buffer zones, green spaces, and thoughtful design elements helps maintain the character of residential neighborhoods while introducing new commercial opportunities. Finally, this rezoning fosters a vibrant and sustainable community. By promoting mixed-use developments where residential units can be included above commercial establishments, the LC zoning encourages a live-work-play environment. This reduces the need for long commutes, enhances walkability, and contributes to a more active and engaged community. The strategic placement of diverse commercial services within easy reach of residents supports daily needs and enhances the quality of life. The rezoning is a strategic move that aligns with Fayetteville’s long-term planning objectives. It promotes economic diversity, encourages business growth, ensures harmonious development, and supports the creation of a vibrant, sustainable community.
Future Land Use Plan
According to the 2040 Future Land Use Plan, this proposal achieves the following goals:
• Goal #1: Focus value and investments around infrastructure and strategic nodes.
• Goal #2: Promote compatible economic and commercial development in key identified areas.
• Goal #4: Foster safe, stable, and attractive neighborhoods.
Under the plan’s Land Use Policies and Strategies section, this proposal aligns with the following:
• LU-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 before or in tandem with new development, including roads, turn lanes, and sidewalks as well as public services such as parks, schools, water/sewer, police, fire, and emergency services.
• LU-2: Encourage strategic economic development.
• 2.1: Encourage economic development in designated areas, including Downtown, Office/Institutional Areas, Industrial/Employment Areas, Regional and Community Centers, and Highway Commercial Areas.
• LU-4: Create well-designed and walkable commercial and mixed-use districts.
• 4.1: Ensure new development meets basic site design standards, including connected streets, entrances and parking lots, sidewalks and pedestrian pathways on both sides of all public rights-of-way, high-quality building materials, landscaping, shade and street trees, perimeter buffers, low-level parking lot screening, and stormwater retention and infiltration.
• 4.2: Encourage context-sensitive site design, ensuring commercial and mixed-use areas are walkable with pedestrian connections between uses and buildings, short block lengths (max. 400 to 600 feet), and connections to adjacent development (crosswalks, etc.).
• LU-5: Improve Gateways.
• 5.1: Continue to require perimeter landscaping and planting islands in significant renovations and redevelopment along commercial corridors.
• LU-6: Encourage development standards that result in quality neighborhoods.
• 6.1: Encourage quality neighborhood design through maintaining and improving standards for streets, sidewalks, stormwater, and open space.
• LU-8: Require the preservation of open space and unique natural features in new developments.
• 8.2: Preserve unique natural features through site design.
• LU-10: Support land use site design and capital improvement initiatives that increase resiliency and reduce impacts from flooding and natural disasters.
• 10.1: Encourage on-site stormwater control measures that reduce the impacts of new development, seeking to mimic pre-development conditions, limit impacts on adjacent properties, and reduce stormwater runoff to avoid erosion of stream banks and encourage groundwater recharge.
Budget Impact:
There will be no immediate impact on the budget; however, ongoing redevelopment is expected to increase tax revenue.
Options:
1. Recommend approval of the map amendment to LC as presented based on the evidence submitted and find that the rezoning is consistent with the Future Land Use Plan as demonstrated by the attached consistency and reasonableness statement (recommended);
2. Recommend approval of the map amendment to a more restrictive zoning district based on the evidence submitted and find that the map amendment would be consistent with the Future Land Use Plan and an amended consistency statement;
3. Deny the map amendment request based on the evidence submitted and find that the map amendment is inconsistent with the Future Land Use Plan.
Recommended Action:
The Professional Planning Staff recommends that the Zoning Commission move to recommend APPROVAL of 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 properties to be developed as an Office/Institutional (OI).
• The uses permitted by the proposed change in zoning district classification and the standards that apply 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.
• 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 Properties
6. Surrounding Properties
7. Consistency and Reasonableness Statement