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: May 22, 2023
RE:
Title
TA23-018: Text Amendment to Article 30-3.H.6. Airport Overlay District of the Unified Development Ordinance
end
COUNCIL DISTRICT(S):
Council District(s)
2- Shakeyla Ingram
b
Relationship To Strategic Plan:
Strategic Operating Plan FY 2022
Goals 2027
Goal III: City Investment in Today and Tomorrow
• Objective 3.2 - Manage the City's future growth and strategic land use
Executive Summary:
The proposed text amendment establishes the City of Fayetteville’s newly created Airport Entrance Corridor Overlay (AECO) and aligns with Cumberland County's Airport Entrance Corridor Overlay, which governs the positioning of mobile/manufactured homes on Airport Road. The proposed amendment would also prohibit manufactured homes along and between certain roads that comprise this new overlay.
Background:
On February 21, 2023, the Planning Commission held a Legislative Public Hearing regarding 18 proposed text amendments. The Commission recommended the adoption of 15 of those amendments (listed below). Of the three remaining, one was remanded back to City Staff for changes. The second was recommended for denial, this case, and the last case was to be presented separately to the Council on March 23rd. Since the amendment under consideration involves a zoning overlay, it was necessary for it to first go before the Zoning Commission before being presented to the Council for approval.
Issues/Analysis:
The first step in bringing a proposed amendment before City Council is to have it reviewed, modified and recommended by the City’s Planning Commission, following City policies and State Statutes as shown below. The Commission is an integral part of any text amendment process.
According to section160D-301 of the North Carolina General Statutes:
(a) Composition. - A local government may by ordinance provide for the appointment and compensation of a planning board or may designate one or more boards or commissions to perform the duties of a planning board. A planning board established pursuant to this section may include, but shall not be limited to, one or more of the following:
(b) Duties. - A planning board may be assigned the following powers and duties:
(3) To develop and recommend policies, ordinances, development regulations, administrative procedures, and other means for carrying out plans in a coordinated and efficient manner.
Proposed text amendment:
Section 30-3.H.6.c.2. District Standards, Incompatible Uses in Other Districts
Any district that allows a use incompatible with the airport operations should not be favorably considered without a favorable recommendation from the Fayetteville Airport Director to include such uses as high concentration of residential units, buildings having large assembly of people, smoke or other substances that would impair aircraft visibility or interfere with its operation, light emissions that interfere with pilot vision, electrical interference, tall smokestacks or telecommunication towers and uses that attract birds and water fowl.
a. Manufactured homes shall not be permitted to be located on any property abutting Airport Road, between Gillespie Street and the Fayetteville Airport.
b. In addition, any existing manufacture homes located on parcels that abut Airport Road, between Gillespie Street and the Fayetteville Airport, once removed, shall not be replaced.
The abutting parcels shall form an area known as the Airport Entrance Corridor and be established as a layer on the Official Zoning Map of The City of Fayetteville, North Carolina. If the parcels abutting Airport Road, as identified in this section, are expanded or reduced through subdivision, the layer boundaries on the Official Zoning Map shall be amended accordingly in compliance with this section.
Budget Impact:
N/A
Options:
In accordance with City Code, the City Council shall hold a legislative hearing on the text amendment. After the close of the hearing, City Council shall consider the amendment, relevant support materials, the Staff report, and any comments given by the public. City Council, by a majority vote of a quorum present, shall take one of the following actions:
1) City Council adopts the proposed text amendment for the Airport Overlay District;
2) City Council denies the proposed text amendment; or
3) City Council remands the proposed text amendment back to Staff for further consideration.
Recommended Action:
The Zoning Commission and Professional Planning Staff recommend Option (1), adopt the proposed text amendment for the Airport Overlay District.
Attachments:
1. Draft Ordinance - TA23-018
2. Consistency Statement - TA23-018