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: August 12, 2024
RE:
Title
P24-29. Rezoning of 2.97+ acres from County Planned Commercial (C(P)) to Community Commercial (CC), located at 3895 Clinton Road (REID: 0466379825000), and being the property of 3 Happy Campers LLC, represented by Bart McClain of William G. Daniel & Associates, PA.
end
COUNCIL DISTRICT(S):
Council District(s)
2 - Malik Davis
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.
• Objective 2.4: To sustain a favorable development climate to encourage business growth.
• Goal III: City Invested in Today and Tomorrow
• Objective 3.2: To manage the City’s future growth and strategic land use.
Executive Summary:
3 Happy Campers LLC seeks to rezone a 2.97-acre ± parcel at 3895 Clinton Road from county zoning to Community Commercial (CC) to support the development of an indoor climate-controlled self-storage facility. The land is currently cleared and vacant, with surrounding areas primarily zoned for residential and commercial uses. According to the applicant, the rezoning aligns with the comprehensive plan, addresses community needs, and ensures orderly development without significant environmental or property value impacts. This rezoning is in conjunction with an annexation request.
The Zoning Commission reviewed this case at their June 11, 2024 meeting and unanimously voted to recommend approval of the rezoning.
Background:
• Owner: 3 Happy Campers LLC
• Applicant: William Daniel
• Requested Action: C(P) to CC
• REID #: 0466379825000
• Council District: 2 - Malik Davis
• Status of Properties: Vacant
• Size: 2.97 acres ±
• Adjoining Land Use and Zoning:
• North: RR - Single Family
• South: RR - Single Family
• East: C3 - Equipment storage and workshop
• West: RR - Single Family
Annual Average Daily Traffic 2022
• Clinton Road: 6300
Postcards Mailed: 77
Land Use Maps and Plans:
The 2040 Comprehensive Plan, adopted on May 26, 2020, designates this area for Highway Commercial development, which includes high-intensity nonresidential uses such as hotels, gas stations, big-box retail stores, and fast food establishments, typically located near major intersections and highway interchanges. Redevelopment in this area is unlikely to include residential uses and appropriate buffers will be required for adjacent properties.
Issues/Analysis:
History: A Quitclaim Deed was recorded on August 29, 2023, that transferred three tracts of land in Eastover Township, Cumberland County from RK3, LLC to 3 Happy Campers, LLC. The property located at 3895 Clinton Road encompasses approximately 2.97 acres. The transaction was completed for a nominal sum of one dollar. The deed includes specific descriptions of the three tracts and references previous acquisitions by general and non-warranty deeds.
Based on aerial imagery, several small structures were present on the parcel between 1968 and 2008. However, between 2010 and 2013, the property was clear-cut, and all buildings were demolished. It has remained vacant to this day.
Rezoning Request: 3 Happy Campers LLC is seeking to rezone a parcel from Planned Commercial (C(P)) to Community Commercial (CC). The Community Commercial (CC) District is designed to accommodate a diverse range of medium- to high-intensity retail, service, and office uses that serve the broader community. Examples of such uses include shopping centers, convenience stores, retail sales establishments, and heavier commercial activities, which may require a Special Use Permit. This district is typically located along major arterials, at arterial intersections, and in growth corridors identified in City plans. The CC District encourages higher-density residential uses on the upper floors of nonresidential establishments and as stand-alone buildings within larger horizontal mixed-use developments. It is subject to standards ensuring compatibility with surrounding uses and adherence to the design standards outlined in Article 30-5: Development Standards.
Straight Zoning: The request is for a straight rezoning from Planned Commercial (C(P)) to Community Commercial (CC). The reclassification of land to a base zoning district without conditions allows all uses permitted in that district as shown in the Use Table in the UDO. The Zoning Commission cannot impose conditions or restrictions on the range of allowable uses, use standards, development intensities, or other development standards.
Land Use Plan Analysis:
Strategic Plan Alignment:
Goal II: Responsive City Government Supporting a Diverse and Viable Economy
• Objective 2.1: To ensure a diverse City tax base: Rezoning to Community Commercial (CC) encourages a variety of commercial uses, enhancing the tax base with diverse business operations.
• Objective 2.4: To sustain a favorable development climate to encourage business growth: The rezoning supports the development of an indoor climate-controlled self-storage facility, which is a low-impact commercial use compatible with surrounding areas, fostering a favorable environment for business growth.
Goal III: City Invested in Today and Tomorrow
• Objective 3.2: To manage the City’s future growth and strategic land use: This rezoning proposal aligns with the 2040 Comprehensive Plan’s designation for Highway Commercial development, supporting strategic land use and managing future growth by allowing appropriate commercial development along major corridors.
Surrounding Area: The subject property, located on the north side of Clinton Road just before Burlington Drive, is surrounded by various land uses. To the west, the area is characterized by single-family residential homes, providing a rural/suburban neighborhood environment. To the north, the property is separated by a 60-foot private street, beyond which lies another single-family residential area.
On the eastern side, the property is adjacent to a commercial zone currently used for equipment storage and workshops, indicating a mix of light industrial and commercial activity. To the south, across the public right-of-way of Clinton Road, the land is also used for single-family residences. This diverse mix of residential and light commercial uses reflects the transitional nature of the area, with a blend of housing and small-scale commercial operations contributing to the local community fabric.
Traffic and Accessibility: Clinton Road, a significant arterial road, experiences an Annual Average Daily Traffic of 6,300 vehicles as of 2022. The proposed rezoning to Community Commercial (CC) aligns with the location's accessibility to major roadways, ensuring that the increased traffic generated by commercial activities can be accommodated. The site's proximity to arterial roads enhances its suitability for commercial development, facilitating easy access for customers and businesses.
Comprehensive Plan and Development Patterns: The 2040 Comprehensive Plan designates this area for Highway Commercial development, characterized by high-intensity nonresidential uses such as hotels, gas stations, big-box retail stores, and fast food establishments. The proposed Community Commercial (CC) zoning fits within this designation, promoting diverse commercial activities that serve the broader community. The CC district also encourages higher-density residential uses on the upper floors of nonresidential establishments, aligning with the city's strategic goals for mixed-use development and efficient land use.
Environmental and Community Impact: Rezoning to Community Commercial (CC) is expected to have minimal environmental impact, as the property has been vacant since being cleared between 2010 and 2013. The proposed indoor climate-controlled self-storage facility is a low-impact use that supports the surrounding residential community by providing essential services without significant environmental disruption. Additionally, the development will be required to undergo a thorough site plan review process. This review will ensure that all landscaping, stormwater management, and other environmental requirements are in place. This process includes evaluating the site's drainage and runoff patterns, implementing necessary erosion control measures, and ensuring that landscaping plans meet city standards for aesthetic and environmental benefits. By adhering to these regulations, the development will minimize its environmental footprint and enhance the overall community.
Conclusion
The proposed rezoning and annexation of 3895 Clinton Road from Planned Commercial (C(P)) to Community Commercial (CC) aligns with the Strategic Operating Plan goals, supports a diverse city tax base, encourages business growth, and manages future land use effectively. The rezoning promotes a logical development pattern compatible with surrounding uses, enhances accessibility, and adheres to the comprehensive plan's vision for the area. By facilitating strategic commercial development, the rezoning ensures that the City of Fayetteville remains responsive to community needs and invests in sustainable growth.
Future Land Use Plan
According to the 2040 Future Land Use Plan, this proposal achieves the following goals:
• Goal #1: Focus value and investments around infrastructure and strategic nodes.
• Goal #2: Promote compatible economic and commercial development in key identified areas.
Under the plan’s Land Use Policies and Strategies section, this proposal aligns with the following:
• LU-1: Encourage growth in areas well-served by infrastructure and urban services including roads, utilities, parks, schools, police, fire, and emergency services.
• 1.4: Require annexation and adherence to development standards for any development proposal within the City’s Municipal Influence Area (MIA) if City services are to be provided.
• 1.6: Require adequate infrastructure to be in place before or in tandem with new development, including roads, turn lanes, and sidewalks as well as public services such as parks, schools, water/sewer, police, fire, and emergency services.
• LU-2: Encourage strategic economic development.
• 2.1: Encourage economic development in designated areas, including Downtown, Office/Institutional Areas, Industrial/Employment Areas, Regional and Community Centers, and Highway Commercial Areas.
• LU-4: Create well-designed and walkable commercial and mixed-use districts.
• 4.1: Ensure new development meets basic site design standards, including connected streets, entrances and parking lots, sidewalks and pedestrian pathways on both sides of all public rights-of-way, high-quality building materials, landscaping, shade and street trees, perimeter buffers, low-level parking lot screening, and stormwater retention and infiltration.
• 4.2: Encourage context-sensitive site design, ensuring commercial and mixed-use areas are walkable with pedestrian connections between uses and buildings, short block lengths (max. 400 to 600 feet), and connections to adjacent development (crosswalks, etc.).
• LU-6: Encourage development standards that result in quality neighborhoods.
• 6.1: Encourage quality neighborhood design through maintaining and improving standards for streets, sidewalks, stormwater, and open space.
• LU-8: Require the preservation of open space and unique natural features in new developments.
• 8.2: Preserve unique natural features through site design.
• LU-10: Support land use site design and capital improvement initiatives that increase resiliency and reduce impacts from flooding and natural disasters.
10.1: Encourage on-site stormwater control measures that reduce the impacts of new development, seeking to mimic pre-development conditions, limit impacts on adjacent properties, and reduce stormwater runoff to avoid erosion of stream banks and encourage groundwater recharge.
Technical Review Committee (TRC) Comments
Fire
• General Requirements:
o Fire hydrants must be within 400 feet of all parts of the building, or 600 feet if the building has a sprinkler system. If these distances cannot be met, new hydrants must be installed.
o The Fire Department Connection (FDC) must be located away from the building and approved by the Fire Department. All water lines, control valves, and service points must be detailed in the plans.
o Gated areas require a Knox box for emergency vehicle access.
o Developments must comply with the Fire Flow requirements of Appendix B of the NC Fire Code. Fire flow tests can be requested from the Public Works Commission (PWC).
o New buildings must have approved radio coverage for emergency responders.
• Current Status:
o FDC location and fire flow requirements still need to be addressed. Emergency Responder Radio Coverage (ERRC) will be required but may be deferred until the structure is up.
Planning
• General Requirements:
o Rezoning and map amendment required.
o Street address numbers must be posted before construction begins.
o Development must adhere to approved site plans; deviations require resubmission.
o Building orientation and elevation information required for final site plan approval.
o Sidewalks with handicap ramps and striping are required.
o Exterior lighting plans with full cut-off fixtures are needed.
• Current Status:
o Rezoning approved. Elevations and lighting plans approved. Landscaping plan still needed.
Zoning
• General Requirements:
o Must meet proposed zoning dimensional standards once zoning is approved.
o Parking must be provided according to code based on building square footage.
o Signage requires proper permits and must not conflict with landscaping.
o Compliance with flood damage prevention ordinances required.
o No Certificate of Occupancy will be issued until zoning compliance is verified.
• Current Status:
o Administrative adjustment approved. Zoning standards and parking requirements need to be met.
Engineering
• General Requirements:
o An infrastructure permit is required.
o Stormwater management facilities must limit peak discharge rates.
o Erosion control permits are required for sites over one acre.
• Current Status:
o Infrastructure permit application submitted and under review.
Public Works Commission (PWC) Water
• General Requirements:
o Separate submission to PWC for review and approval required.
o Water and sewer mains must be extended according to PWC policies.
o Landscaping plans must avoid conflicts with utility easements.
o A fire hydrant flow test may be required.
• Current Status:
o Submissions to PWC pending plan readiness.
Public Works Commission (PWC) Electric
• General Requirements:
o Utility plans, applications, and fees must be submitted to PWC.
o Electrical service plans must be coordinated with PWC.
• Current Status:
o Site will be served by Duke Energy.
NCDOT
• General Requirements:
o A driveway permit is required. Site and grading plans must meet NCDOT standards.
o Appropriate signatures and approvals are necessary before final submission.
• Current Status:
o Driveway permit requirements provided. Labels for driveway width and radii added to site plan.
Transit
• General Comments:
o The location is not within the current FAST service area, so no transit stop is required.
• Current Status:
o Noted and acknowledged.
Budget Impact:
There will be no immediate impact on the budget; however, the annexation and subsequent development of this property are expected to increase tax revenue over time.
Options:
1. City Council moves to approve the map amendment to CC as presented based on the evidence submitted and find 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 find 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 find 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 move to APPROVE the map amendment to CC based on the following:
• The proposed zoning map amendment aligns with the policies in the Future Land Use Plan (FLUP) and the Unified Development Ordinance (UDO). The Future Land Use Plan designates the subject property for Highway Commercial Development.
• The uses permitted by the proposed zoning change and the applicable standards are appropriate for the immediate area, considering the existing zoning and surrounding land uses.
• There are no other factors expected to 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 Properties
6. Surrounding Properties
7. Consistency and Reasonableness Statement
8. City Council PowerPoint