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: June 26, 2023
RE:
Title
P23-16. Rezoning from Agricultural Residential (AR) to Community Commercial (CC) of 3.43 acres ±, located at REID# 9485763126000 and being the property of John D. Gillis, represented by Mark Candler of Candler Development Group LLC.
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
• 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.
Executive Summary:
The applicant is seeking to rezone one parcel from Agricultural-Residential (AR) to Community Commercial (CC). The area to be rezoned totals 3.43 acres ±.
The Zoning Commission voted unanimously to recommend approval of the requested rezoning on May 9, 2023.
Background:
Applicant: Mark Candler
Owner: John D. Gillis
Requested Action: AR to CC
REID #: 9485763126000
Council District: 6 - Derrick Thompson
Status of Property: Undeveloped; Farmland
Size: 3.43 acres ±
Adjoining Land Use & Zoning:
• North: AR - Vacant Land/Farmland
• South: CC & AR - Click’s Nursery and Vacant Land
• East: AR - Vacant Land/Farmland
• West: AR - Vacant Land
Annual Average Daily Traffic: Stoney Point Road: 13,500 (2021)
Letters Mailed: 25
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 Neighborhood Mixed Use (NMU). Neighborhood Mixed Use is best described as providing space for neighborhood scale commercial uses. This includes primarily a horizontal mix of uses with some vertically mixed uses in key locations. Typically, these uses would be 1-3 stories, include smaller-scale multifamily, attached and small lot single family, and retain a lower density on the edges. According to the Plan, the area surrounding the subject property is intended to develop as Neighborhood Mixed Use
Issues/Analysis:
History:
The subject property was annexed into the city in 2005 as part of the Phase 5 Annexation Project. To the best of our knowledge, the subject property has never been developed and has been used as open space/farmland since at least 1968, according to county aerial imagery.
Surrounding Area:
All the area surrounding the subject property is vacant/undeveloped land. Click’s Nursery is to the southwest and Springfield Crossing residential subdivision lies across Stoney Point Road to the west. The subject property itself does not front any road, but will once future roadway and improvements are made to connect to I295 near Strickland Bridge Road.
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 requesting to rezone an area currently zoned Agricultural Residential (AR) to Community Commercial (CC). The applicant noted in the application that future development will consist of a variety of commercial, multifamily, single family residential, fuel conveniences, free standing food, multi-tenant business retail, and retail shopping.
Straight Zoning:
The request is for a straight zoning from Agricultural Residential (AR) to Community Commercial (CC).
The Community Commercial (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 (subject to approval of a Special Use Permit (see Section 30-2.C.7)). The district is typically located along major arterials, at the intersection of arterials, and along growth corridors identified in City plans. Higher-density residential uses are encouraged on the upper floors of nonresidential establishments, and may exist as stand-alone buildings as part of a larger horizontal mixed- use development. The district is subject to standards intended to ensure development is compatible with surrounding uses as well as the design standards in Article 30-5: Development Standards.
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 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 the Future Land Use Map & Plan, this general area is recommended to be developed as Neighborhood Mixed Use (NMU). The requested rezoning is in keeping with the Future Land Use Map and Plan. The pending road improvements and eventual connection to I295 all but ensure this area will develop as commercial. There are already commercially zoned lots adjacent to and across the street from the subject property.
Consistency and Reasonableness Statements:
The Future Land Use Plan also sets forth written goals, policies, and strategies. This application does follow the City’s strategic, compatible growth strategies and does meet 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 map amendment to Community Commercial (CC) as presented based on the evidence submitted and finds that the rezoning is consistent with the Future Land Use Map 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 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 Neighborhood Mixed Use.
• The uses permitted by the proposed change in zoning district classification and standards that apply to such uses are appropriate in the immediate area of the land to be reclassified due to the existing zoning and future land use in this area; 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
7. Signed Consistency and Reasonableness Statement
8. Slideshow Presentation