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 and Zoning Division Manager
Demetrios Moutos - Planner I
DATE: November 25, 2024
RE:
Title
Zoning Commission Annual Report 2024
end
COUNCIL DISTRICT(S):
Council District(s)
All
b
Relationship To Strategic Plan:
• Goal IV: Desirable Place to Live, Work and Recreate
Objective A: To enhance recreation, leisure and cultural opportunities for all to thrive that reflects our diversity.
• Goal II: Strong, Diverse and Viable Local Community
Objective A: To sustain a favorable development climate through continual improvement of internal processes and by providing redevelopment tools to encourage business growth.
• Goal III: Designed to Include Focal Points, Desirable Industrial, Commercial and Residential Opportunities with High Quality and Sustainable Infrastructure
Objective A: To manage future growth and support strategic land use policy by supporting quality development and decreasing oversupply of commercial land and under developed buildings and increases occupancy of vacant retail and office spaces.
Executive Summary:
The Zoning Commission, established in line with North Carolina General Statutes (including Chapter 160D, Article 3), was formed when Ord. No. S2015-018 merged the Board of Adjustment with the Zoning Commission on December 14, 2015. The Commission holds several key powers and duties, including recommending map amendments (rezonings) and conditional rezonings to the City Council. It also reviews and decides on applications for variances and appeals related decisions on sign permits, clear-cutting permits, temporary use permits, administrative adjustments, certificates of occupancy, and City Manager interpretations, along with vested rights and certificates of appropriateness issued by the Historic Resources Commission. Additionally, the Commission has the authority to carry out any other responsibilities the City Council assigns, as allowed by state law.
Background:
The Zoning Commission is comprised of five regular members and two alternates appointed by the City Council who reside within Fayetteville’s city limits. Alternate members serve in place of regular members as assigned by the Chair, holding equivalent authority when seated. Members serve staggered two-year terms and may serve up to two consecutive terms without a one-year break. Vacancies, other than term expirations, are filled for the remainder of the term, and a new appointee replaces any member moving outside city limits.
The Commission meets monthly unless the Chair finds no agenda items and keeps public records of all transactions, findings, and decisions. Notices of meetings follow state law and the public hearing requirements outlined in Section 30-2. B.12. Meetings are open to the public and conducted under adopted rules of procedure aligned with local and state laws.
A quorum of four-fifths is required for variance considerations, while other official business requires a three-fifths quorum. Granting variances requires a four-fifths vote, and other actions, including appeals, need a majority vote. Vacant or disqualified members do not count toward the quorum if no qualified alternates are available.
Attendance is mandatory, with members required to attend 75% of scheduled meetings annually; failure to do so results in automatic removal. The Chair informs the City Council of any member’s noncompliance. The Commission adopts procedural rules that are available for public review in the Planning and Zoning Division.
Issues/Analysis:
Public Hearings
The Zoning Commission held 38 Public Hearings from January to November 2024, 11 for Variances and 27 for Map Amendments (Rezonings). Here are the highlights of items reviewed and discussed during those meetings:
• Variances approved by the Zoning Commission:
• A24-04: Requested a minimum side yard setback to build an SFR home that will fit in with all the other homes in the area.
• A24-05: Requested that the maximum building setback of 20 feet from the right-of-way (required in the DT-2 zoning district) be waived such that a proposed building could be sited to be at least 80 feet from the right-of-way of Burns Street.
• A24-13: Corner lot reduction of side yard setbacks.
• A24-14: Increase in max front yard setback.
• A24-15: Reduce the minimum lot area standards.
• A24-16: Variance from max size for an accessory structure in the SF-10 zoning district.
• A24-25: Variance to reduce side setback for a canopy.
• A24-34: Setback variance for the reconstruction of a porch.
• A24-35: Variance to adjust requirements of a previous variance.
• A24-40: Variance to increase signage from 32 square feet to 41.25 square feet.
• A24-42: Variance to increase signage from allowable 32 square feet and a max height of 6 feet to 48 square feet and a height of 12 feet.
Map Amendments (Rezonings) the Zoning Commission recommended for City Council Approval subsequently approved by City Council:
• P24-01: Rezoning to SF-10 on Summerhill Road
• P24-02: Rezoning to CC on Stoney Point Road
• P24-03: Conditional Rezoning to NC/CZ for the Cape Fear Regional Theater
• P24-06: Rezoning SF-6 to MR-5 on Rosemary Drive for townhomes.
• P24-08: Rezone CC and SF-6 to MR-5 on Fleishman Street.
• P24-09: Conversion of office space to commercial; rezone OI to NC at 916 Hay Street
• P24-10: Rezone SF-6/CZ and SF-10 to MR-5 for Multi-Family on Rock Creek Lane and Mount Rainer Road.
• P24-11: Rezoning for Access Drive from SF-6 to CC on Bragg Blvd.
• P24-17: Rezone SF-10 to LC on Lansdowne Road to convert commercial parking lot to commercial zoning.
• P24-18: Rezone LI to CC on Owen Drive for an existing gas station to become compliant with the UDO.
• P24-19: Rezone SF-6 to MR-5 on Preston Avenue and Pelt Drive
• P24-07: Rezone to LI on Angelia M Street for Bobcat Sales and Service Facility.
• P24-21: Rezone SF-6 to LC on Irving Drive for additional parking and entrance.
• P24-22: SF-15 and County to MR-5/CZ on Cedar Creek to allow for no more than 300 residential units.
• P24-23: North Side of Village Drive HOA adjustments.
• P24-24: LC/CZ to LC to remove conditions on Stoney Point Road
• P24-27: MR-5/CZ to SF-10 on Carvers Falls
• P24-29: C(P) County to CC on Clinton Road
• P24-28: OI to LC on Nexus Court for Office Buildings
• P24-30: AR to SF-15 on Summerlin Drive
• P24-31: SF-10 to LC for a 7-11 on Cliffdale Road
• P24-32: OI and SF-10 to CC for Eutaw Village Shopping LLC on Bragg Blvd.
• P24-38: SF-10 to MR-5 on Ocarina Circle to match the surrounding area and for the development of multi-family and higher-density uses.
Map Amendments (Rezoning) Denied by the Zoning Commission:
• P24-12: Rezone SF-15 and County to MR-5 on Cedar Creek for Multi-Family.
Map Amendments Approved by Zoning Commission and Awaiting City Council:
• P24-39: Rezoning SF-10 to MR-5 to allow for a duplex on Jefferson Drive
• P24-43: Rezoning SF-10 to OI for a daycare on Hope Mills Road
• P24-44: Rezoning NC to LC on Hope Mills Road for Wayne’s Wheels
Budget Impact:
NA
Options:
Accept the report (recommended).
Request additional information before accepting the report
Recommended Action:
Staff recommends that the City Council accept the report.
Attachments:
NA