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: November 27, 2023
RE:
Title
P23-43. Initial zoning of 13.84 acres ± from Planned Industrial District (M(P)/M(P) CZ) to Heavy Industrial (HI), located at 1416, 1446, and 1476 Middle River Loop (REID #’s 0447683174000, 0447673767000, 0447672620000), and being the property of Fulcher Real Estate, LLC, represented by Kenneth Smith of Smith Site Consultants, PLLC.
end
COUNCIL DISTRICT(S):
Council District(s)
Council District 2 - Shakeyla Ingram
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 applicant is requesting to initially zone 13.84 acres ± from Planned Industrial (M(P)/M(P)/CZ) to Heavy Industrial (HI), located at 1416 MIDDLE RIVER LOOP (0447683174000), 1446 MIDDLE RIVER LOOP (0447673767000), 1476 MIDDLE RIVER RD (0447672620000).
• The Zoning Commission voted unanimously to recommend approval of the requested initial zoning on October 10, 2023.
Background:
Applicant: Kenneth Smith
Owner: FULCHER REAL ESTATE LLC
Requested Action: Rezoning from M(P)/M(P)CZ to HI
REID: 0447683174000, 0447673767000, 0447672620000
Prospective Council District: 2 - Shakeyla Ingram
Status of Property: Electrical Contractor - Carolina Power & Signalization
Size: 13.84 acres ±
Adjoining Land Use & Zoning:
• North: Vacant/Single Family Home - Zoned M(P), A1, and R40A
• South: Middle River Loop/I95 Bus S on ramp
• East: Vacant - Zoned A1
• West: Kubota - HI
Letters Mailed: 42
Land Use Plans:
With the adoption of the 2040 Comprehensive Plan: Future Land Use Map & Plan on May 26, 2020, all parcels within the city limits as well as parcels identified as being in the Municipal Influence Area (MIA) are subject to this plan.
As per the Future Land Use Map, this parcel has been designated for development featuring "High intensity nonresidential uses with high impact or likelihood for nuisance. Regional employment centers including larger industrial uses or business parks." This falls under the Industrial/Employment Center (EC) designation.
Issues/Analysis:
History:
Carolina Power & Signalization was established in 2008. The larger parcel was recombined in May of 2023 and a new deed made in June of 2023. The two smaller parcels came under the ownership of Fulcher Real Estate, LLC in August of 2023.
Surrounding Area:
The subject property is situated amidst a diverse array of adjoining land uses and zoning designations. To the north, the vicinity is characterized by vacant spaces and single-family homes, with zoning encompassing M(P), A1, and R40A designations. In contrast, to the south, the landscape is dominated by the Middle River Loop and the I-95 Business South on-ramp. Towards the east, the surrounding area remains vacant, primarily falling under the A1 zoning classification. Finally, the western border is adjacent to Kubota, an entity zoned as Heavy Industrial (HI). This amalgamation of land uses and zoning designations in the immediate vicinity highlights the varied nature of the area's development.
Rezoning Request:
The applicant is seeking to rezone a parcel from M(P)/M(P)CZ to HI. As stated by the applicant, "The proposed zoning amendment aligns with various long-range planning documents and the established industrial nature of the area, which has persisted for decades. This consistency is reinforced by the existing industrial zoning of the parcels and the surrounding industrial land uses. The amendment is necessitated by the annexation process and interagency agreements for utility services, demonstrating its responsiveness to changing conditions and the need for service connections.
Moreover, the amendment caters to the demonstrated community need by facilitating the expansion of Carolina Power & Signalization, boosting employment opportunities, and enhancing the city's tax base. The compatibility of the proposed amendment with adjacent and existing industrial uses underscores its appropriateness. The logical and orderly development pattern is preserved, reflecting the historical industrial nature of the area. Premature development is not a concern, given the area's long-standing industrial usage, and strip-style commercial development is not anticipated. The amendment avoids creating isolated zoning districts, maintains or enhances property values, and is unlikely to result in significant adverse environmental impacts due to the existing built-out nature of the parcels. The incorporation of landscaping further mitigates potential adverse effects."
The Public Services Department states that the site does not meet the requirements for exceptions to constructing sidewalks (30.5.F.9), however the argument can be made that this development has unique site conditions which would allow for the City Manager to approve the payment in-lieu option (30.5.9.c.4). Per the UDO, the appropriate course of action would be for the developer to request payment in-lieu of constructing any required sidewalks (per email from Byron Reeves 11/17/2023).
The applicant has reached out to PWC asking to waive fees for main extension. We have no additional updates as of this date.
Straight Zoning:
Land within the city's corporate boundaries, as well as the Municipal Area of Influence, is classified into distinct base zoning districts established by the Unified Development Ordinance (UDO). The reclassification of land into equivalent zoning districts is feasible, adhering to the directives outlined in Section 30-2.C. The current rezoning petition seeks to reclassify a parcel into the Heavy Industrial category. The Heavy Industrial (HI) District has been instituted to accommodate heavy manufacturing, assembly, fabrication, processing, distribution, storage, research and development, and other industrial uses that may be large-scale or otherwise have extensive exterior movement of vehicle, materials, and goods, and greater potential for adverse environmental and visual impacts.
The initial zoning request is unconditional. Consequently, the governing board is precluded from considering conditions or restrictions on the range of admissible uses, utilization standards, developmental intensities, developmental criteria, and other pertinent regulations. In the event that the governing board intends to impose conditions, the applicant must retract their submission and subsequently submit a request for the parcel's conditional zoning. This action would necessitate scheduling a distinct legislative hearing to review the new proposal.
Land Use Plan Analysis:
The proposed rezoning of the subject property to Heavy Industrial (HI) presents several compelling arguments in its favor. To begin, the historical usage of this area has predominantly leaned towards industrial activities, with evidence dating back to the 1960s, as corroborated by GIS historical imagery and records documenting the operation of various industrial businesses within the vicinity. This rezoning aligns not only with the longstanding industrial character of the area but also ensures its consistency with the majority of surrounding parcels already zoned for industrial purposes, either as Heavy Industrial (HI) or Cumberland County's M(P) Industrial District.
Annexing this property and its subsequent rezoning would not precipitate premature development. Instead, it would facilitate the continuation of its existing industrial utilization, including housing an electrical contractor with outdoor storage facilities. This extension of established land use patterns contributes to a logical and methodical development sequence, which conforms to recent rezonings in the area, such as the Kubota Tractor dealership, which also necessitated annexation and rezoning for utility connections. Furthermore, the proposed rezoning is a response to the requirement for annexing the property to access Fayetteville PWC's sanitary sewer system, which presents a significant advantage for future developments and business expansions. This aligns well with the City of Fayetteville's Comprehensive Plan, which promotes the extension of infrastructure and services to cater to the region's burgeoning needs. Additionally, the annexation and rezoning would bolster the economic prospects of the region by enabling Carolina Power & Signalization to expand its operations, potentially creating more job opportunities and boosting the city's tax base.
Concerning property values, the proposed rezoning is unlikely to have any considerable adverse effects on the values of neighboring properties. In fact, it could enhance the value of adjacent properties due to the advantages of annexation, industrial zoning, and improved infrastructure. In terms of environmental considerations, the expected impact remains minimal, as the parcels are already developed with structures and parking areas. Additionally, the incorporation of landscaping requirements will contribute to enhancing the site's visual appeal and mitigating potential adverse effects on the natural environment.
The rezoning of this property to Heavy Industrial (HI) is a judicious decision that harmonizes with historical land use patterns, addresses community needs, and aligns with adjacent zoning districts. It fosters economic growth, maintains compatibility with existing land uses, and augments the region's infrastructure, all while ensuring negligible adverse impacts on property values and the environment.
Consistency and Reasonableness Statements:
The Future Land Use Plan establishes 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 are no immediate budgetary impacts to rezoning this parcel.
Options:
1. City Council moves to approve the initial zoning to HI 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 initial zoning 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 proposed map amendment to initially zone three parcels to Heavy Industrial (HI) based on the following:
• The proposed zoning map amendment adheres to the policies adopted in the Future Land Use Plan and can be made to conform with the provisions found in the Unified Development Ordinance (UDO). The Future Land Use Plan calls for the subject parcel to be developed as Industrial/Employment Center (EC) and the proposed zoning district allows for uses that fit this category; and
• The uses permitted by the proposed change in zoning district classification and the standards that apply to such uses will be appropriate in the immediate area of the land to be reclassified due to the existing zoning and the uses surrounding this property; and
• The proposed zoning district promotes logical and orderly development that would make no substantial impact upon the public health, safety, 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 Statement
8. PowerPoint Presentation