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 Division Manager
Demetrios Moutos - Planner I
DATE: February 26, 2024
RE:
Title
P24-01. Rezoning from Office/Institutional (OI) and Community Commercial (CC) to Single Family Residential 10 (10) located at 0 Summer Hill Rd (0409214573000) and 0 Summer Hill Road (0409215651000) totaling .67 acres ± and being the property of Rescue Rehab Resale LLC, represented by Jeremy Sparrow of Longitude Planning Group, PLLC.
end
COUNCIL DISTRICT(S):
Council District(s)
4 - D.J. Haire
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
• Objective 4.6 - To reduce poverty and homelessness
Goal VI: Collaborative Citizen and Business Engagement
• Objective 6.1 - To ensure collaborative relationships with the business community, local governments, military, and stakeholders
Executive Summary:
The applicant is seeking to rezone two parcels totaling 0.67 acres ± from Office and Institutional (OI) and Community Commercial (CC) to Single Family Residential 10 (SF-10).
The Zoning Commission held a legislative hearing for this case on January 17, 2024 and voted to approve the rezoning unanimously, 5-0.
Background:
Owner: Rescue Rehab Resale LLC
Applicant: Jeremy Sparrow
Requested Action: OI and CC to SF-10
REID #s: 0409214573000 and 0409215651000
Council District: 4 - D.J. Haire
Status of Properties: Vacant and wooded with a chain link fence along the front of the property.
Size: .67 acres ±
Adjoining Land Use & Zoning:
• North: CC - Marathon Convenience Store with Gas Sales and Military Surplus Store
• South: SF-10 - Vacant Land; Single Family Housing
• East: CC - Strip Style Retail
• West: SF-10 - Single Family Housing
Annual Average Daily Traffic: Yadkin Road: 18,500
Letters Mailed: 113
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 Low-Density Residential (LDR). These areas predominantly consist of single-family homes, often with accessory dwellings, occasionally featuring isolated duplexes or townhomes. The average lot density ranges from 1 to 4 dwellings per acre, reflecting a suburban, auto-oriented character with essential utility services.
Issues/Analysis:
History:
The parcels in question were annexed into the City in 1998. Aerial photography from the Cumberland County GIS system reveals that these properties have remained undeveloped since at least 1968. Situated within the Summerhill Subdivision, the parcels have been platted as part of the subdivision since August 1964.
Surrounding Area:
To the northeast of the properties, there is CC-zoned land hosting a Marathon Convenience Store with Gas Sales, both with their main entrances fronting Yadkin Road. Along Summerhill Road to the south, vacant land zoned SF-10 is designated for single-family housing. On the eastern side, there is CC-zoned strip-style retail. To the west, the area comprises SF-10-zoned single-family housing lots. The lots across and adjacent to the properties along Summerhill Road are also designated as single-family residential lots.
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.
The applicant is seeking to rezone two parcels currently zoned Office and Institutional (OI) and Community Commercial (CC) to Single Family Residential 10 (SF-10). The SF-10 District is designed for primarily low-density, single-family detached residential development. It allows for flexibly designed residential layouts, accommodating various housing types and arrangements responsive to environmental and site conditions. Uses within the district are governed by the design standards outlined in Article 30-5: Development Standards.
This district is suitable for two- to four-family dwellings designed to resemble single-family detached homes and zero lot line development, following the requirements of this Ordinance. The regulations actively discourage any use that significantly disrupts the development of single-family dwellings or undermines the quiet residential nature of the district. Permitted complementary uses commonly found in residential zoning districts include parks, open space, minor utilities, accessory dwellings up to 800 square feet in size, schools, and places of worship.
Straight Zoning:
The request is for a straight rezoning from Office and Institutional (OI) and Community Commercial (CC) to Single Family Residential 10 (SF-10).
The reclassification of land to a base zoning district without conditions allows all of the uses that are shown on the attached 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:
The proposed amendment aims to align the properties with the Low Density Residential recommendation outlined in the Future Land Use Plan. With the exception of commercial development along Yadkin Road, the surrounding area predominantly features single-family development, with a few exceptions. These two parcels, along with the parcel to the south, represent some of the last remaining plots in the Summerhill Subdivision slated for development. Developing them aligns with the established neighborhood's intent and character, offering the property owner a chance to utilize the land productively and contribute much-needed housing to the community.
The proposed amendment is in harmony with the surrounding area, characterized by a mix of residential, commercial, and retail uses. It is structured to prevent premature and excessive development, given the current vacant status of the properties. The associated zoning designation and dimensional regulations provide safeguards against hasty development. The amendment is anticipated to establish a logical and orderly development pattern, enhancing the area's functionality and efficiency. It is unlikely to adversely impact property values significantly; in fact, the development of these parcels may have a positive effect. While the clearing of currently wooded land is inevitable, adherence to existing regulations through site and building plan reviews will mitigate environmental impact, ensuring a thoughtful and responsible development process.
Consistency and Reasonableness Statements:
The Future Land Use Plan includes defined goals, policies, and strategies. This application aligns with the city's strategic growth strategies and fulfills the goals outlined in the attached Consistency and Reasonableness form.
Budget Impact:
While there won't be an immediate budgetary impact, this rezoning will have an economic impact in the future as it will lead to the collection of taxes.
Options:
1. City Council moves to approve the map amendment to SF-10 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. City Council moves to approve 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. City Council moves to deny 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 APPROVE the map amendment to SF-10 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 Low Density Residential (LDR).
• 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; 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. Signed Consistency and Reasonableness Statement
8. P24-01 CC PowerPoint