TO: Mayor and Members of City Council
THRU: Kelly Olivera - Assistant City Manager
Dr. Gerald Newton
Jennifer C. Baptiste, CZO - Planning and Zoning Manager
FROM: Heather Eckhardt, CZO - Planner II
DATE: January 9, 2023
RE:
Title
P22-48. Rezoning from Single-Family Residential 6 (SF-6) to Mixed Residential 5 (MR-5) of 12.23 acres ±, located at 0 Drive off of Rim Road (REID #9487860537000), and being the property of Leisure Living CB LLC, represented by June Cowles of WithersRavenel.
end
COUNCIL DISTRICT(S):
Council District(s)
7 - Brenda McNair
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:
The subject property is currently zoned Single Family Residential 6 (SF-6). The applicant would like to rezone the property to Mixed Residential 5 (MR-5).
The Zoning Commission held a legislative hearing on November 8, 2022. The Zoning Commission voted to recommend approval of the proposed map amendment in a 3-2 vote. The applicant and proposed developer attended the meeting and spoke in favor of the rezoning. A resident of the Bone Creek Subdivision spoke in opposition due to traffic concerns in the Cliffdale Road and Rim Road area. There was one additional citizen signed up to speak however, they waived their time following the staff presentation.
Background:
Owner: Leisure Living CB LLC
Applicant: June Cowles of WithersRavenel
Requested Action: SF-6 to MR-5
REID: 9487860537000
Council District: 7 - Brenda McNair
Status of Property: Vacant/Undeveloped
Size: 12.23 acres ±
Adjoining Land Use & Zoning:
• North: SF-6 and SF-10 - Single-family subdivision and self-storage
• South: AR - Undeveloped
• East: AR - Undeveloped
• West: SF-6 and MR-5 - Single-family subdivision and undeveloped
Annual Average Daily Traffic: Rim Road: 10,000 (2016)
Letters Mailed: 131
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 Medium Density Residential. Medium Density Residential areas are intended to accommodate primarily single-family residential neighborhoods with small lots (3-6 dwellings per acre), duplexes or townhomes, and low-rise apartments.
Issues/Analysis:
History:
The subject property and surrounding area were annexed into the City of Fayetteville in 2005 as part of the Phase 5 annexation project. The five parcels to the southwest of the subject property were previously rezoned from Agricultural Residential (AR) and Single Family Residential 6 (SF-6) to Mixed Residential 5 (MR-5) in 2021, case P21-21. According to the application in 2021, the rezoning request was made in order to develop the property was an apartment complex. The properties are currently undeveloped.
Surrounding Area:
This area along Rim Road south of Cliffdale Road has a variety of residential zoning districts. Zoning in the area ranges from the medium-density residential districts of Single-Family Residential 6 (SF-6) and Single-Family Residential 10 (SF-10), to the high-density residential Mixed Residential 5 (MR-5) district. Brook Run subdivision, located to the north of the subject property, is zoned SF-10 while the undeveloped land to the south is zoned AR. Colony Village subdivision, located to the west of the subject property, is zoned SF-6.
To the southwest of the subject property is roughly 19.17 acres ± of undeveloped land which was rezoned from SF-6 to MR-5 in 2021.
Rezoning Request:
The applicant is requesting to rezone 12.23 acres ± from Single Family Residential 6 (SF-6) to Mixed Residential 5 (MR-5). The applicant has expressed interest in developing this parcel in conjunction with parcels to the southwest as multi-family dwellings (apartments).
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.
Straight Zoning:
The request is for a straight zoning from Single-Family Residential 6 (SF-6) to Mixed Residential 5 (MR-5).
The MR-5 zoning district is established and intended to meet the diverse housing needs of City residents by accommodating a wide variety of residential housing types and arrangements at moderate to high densities, including single-family detached dwellings, two- to four-family dwellings, multi-family dwellings, and other residential development that may include single-family attached dwellings, and zero lot line development.
The proposed zoning district is compatible with the area and this district is in keeping with the City’s Future Land Use Plan.
The reclassification of land to a straight zoning district allows all of the uses that are shown on Use Table in the Unified Development Ordinance. 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 Future Land Use Map & Plan, this area is recommended to be developed as Medium Density Residential (MDR). Medium Density Residential areas are intended to accommodate primarily single-family residential neighborhoods with small lots (3-6 dwellings per acre), duplexes or townhomes, and low-rise apartments.
While the applicant has proposed three-story apartment buildings and the Future Land Use Plan calls for low-rise apartments (1-2 story apartments) as part of the MDR district, three-story apartments would not be incongruous with the surrounding area as there are multiple large apartment complexes in the area.
Consistency and Reasonableness Statements:
The Future Land Use Plan also sets forth written goals, policies, and strategies. This application looks to follow the City’s strategic, compatible growth strategies by meeting 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 an economic impact will be associated with this rezoning due to taxes collected in the future.
Options:
1. City Council moves to approve the rezoning to MR-5 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.
2. City Council moves to approve the map amendment/rezoning to a more restrictive zoning district based on the evidence submitted and finds that the map amendment/rezoning would be consistent with the Future Land Use Plan and an amended consistency and reasonableness statement.
3. City Council moves to deny the rezoning based on the evidence submitted and finds that the rezoning 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 MR-5 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 Medium Density Residential.
• The uses permitted by the proposed change in zoning district classification and standards apply to such use and will be appropriate in the immediate area of the land to be reclassified due to the existing zoning and uses surrounding this property; 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. Consistency and Reasonableness Statements