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
P24-02. Rezoning from Agricultural Residential (AR) to Community Commercial (CC) located on unaddressed lots on Stoney Point Road (9485667168000 & 9485750853000) totaling 9.77 acres ± and being the property of Margaret Nicole Ritter, 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.
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 9.77 acres ± from Agricultural Residential to Community Commercial.
The Zoning Commission recommended approval with a 5-0 vote on January 17, 2024.
Background:
Owner: Sandra Ayscue Ritter
Applicant: Mark Candler
Requested Action: AR to CC
REID #s: 9485667168000 and 9485750853000
Council District: 6 - Derrick Thompson
Status of Properties: Vacant
Size: 9.77 acres ±
Adjoining Land Use & Zoning:
• North: AR - Vacant/Farmland
• South: CC - Commercial Retail and Single Family
• East: CC - Vacant/Farmland
• West: LC, AR, SF-15 - Single Family
Annual Average Daily Traffic: Stoney Point Road: 14,500
Letters Mailed: 39
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 city portion be developed as Neighborhood Mixed Use (NMU). This designation supports neighborhood-scale commercial uses with a horizontal mix of uses, occasionally vertically in key locations, featuring buildings of 1-3 stories. The development includes smaller-scale multi-family, attached, and small lot single-family structures, with lower density towards the edges.
Issues/Analysis:
History:
The parcels in question were annexed into the City in 2005. Aerial photography from the Cumberland County GIS system reveals that these properties have remained undeveloped since at least 1968, except a small house that fronted Stoney Point Road in the 80s and has since been demolished.
Surrounding Area:
The adjoining land use and zoning of the subject property exhibit a diverse mix. To the north, the area is zoned AR, characterized by vacant land and farmland. The southern direction features a blend of CC zoning, encompassing both commercial retail and single-family developments. Moving east, the zoning transitions to CC, with vacant land and farmland prevalent. On the western side, the landscape is marked by a combination of LC, AR, and SF-15 zoning, primarily designated for single-family residential use.
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 aims to rezone two Agricultural Residential (AR) parcels to Community Commercial (CC). The Community Commercial (CC) District is designed for a mix of medium- to high-intensity retail, service, and office uses catering to the broader community. This includes shopping centers, convenience stores, and various retail establishments, with the possibility of heavier commercial uses (conditional upon Special Use Permit approval, as outlined in Section 30-2.C.7). Typically situated along major arterials, intersections, and growth corridors in City plans, the district encourages higher-density residential use on upper floors of nonresidential structures. This may take the form of stand-alone buildings or be part of larger horizontal mixed-use developments. Development within the district is guided by standards ensuring compatibility with surrounding uses and adhering to design standards outlined in Article 30-5: Development Standards.
Straight Zoning:
The request is for a straight rezoning from Agricultural Residential (AR) to Community Commercial.
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:
While the proposed zoning district does permit some uses in line with the character outlined in the Future Use Plan, it also allows for uses that deviate from that vision. Planning for heavier commercial development in an agricultural and low-density area appears somewhat incongruent. However, it's crucial to consider the future extension/rerouting of Barefoot Road, merging with the anticipated completion of a new section and interchange of I-295. Positioned directly off this future interchange, the prospect of establishing a true Neighborhood Mixed Use district along this corridor is significantly compromised by imminent changes in the land use pattern. Given the inevitability of this transformation, it is more fitting to develop this corridor with a character akin to Highway Commercial. The Community Commercial zoning designation aligns more appropriately with uses characteristic of Highway Commercial development than a Neighborhood Mixed Use designation.
According to NCDOT, the completion of the Fayetteville Outer Loop/I-295 is scheduled for 2026, indicating that the next significant phases of the project are approaching. It is crucial to plan accordingly for this impending development. The rezoning of this land will support a development pattern that, unfortunately, aligns with the traditional outcomes often seen in these scenarios.
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 CC 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 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 (NMU).
• 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 impending completion of a major automotive corridor; 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. P24-02 CC PowerPoint