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: May 22, 2023
RE:
Title
P23-13. Conditional Rezoning from Heavy Industrial (HI) to Heavy Industrial/Conditional Zoning (HI/CZ) to allow car washing and auto detailing on 1.57± acres, located at 616 Person Street (REID #0437929325000), and being the property of AOM II, LLC, represented by E.C. (Ned) Garber, III.
end
COUNCIL DISTRICT(S):
Council District(s)
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 subject property is currently zoned Heavy Industrial (HI) and the applicant is requesting a rezoning to Heavy Industrial Conditional Zoning (HI/CZ).
The proposed condition is to allow car washing and auto detailing as permitted uses within the Heavy Industrial (HI) zoning district. Per the applicant, the current business at 616 Person Street provides the following services: Automotive restoration, window tinting, protection film services, and automotive protection. The Zoning Commission voted 4-1 on April 11, 2023 to approve the requested conditional rezoning.
Background:
Owner: AOM II LLC
Applicant: Ned Garber
Requested Action: HI to HI/CZ
REID: 0437929325000
Council District: 2 - Shakeyla Ingram
Status of Property: Developed and in operation as a car detailing service.
Size: 1.57 acres ±
Adjoining Land Use & Zoning:
• North: LC - Fayetteville Fire Station No. 1 (Across Person Street)
• South: HI - Various warehouse/retail uses
• East: HI - Raynor Tire Auto Repair Shop
• West: HI - Vessels of Honor Ministry building (permanently closed)
Annual Average Daily Traffic: 9900 (2021)
Letters Mailed: 112
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 an Industrial/Employment Center (EC).
Industrial/Employment Center is described as accommodating high-intensity nonresidential uses with high impact or likelihood of nuisance including larger industrial uses or business parks.
Issues/Analysis:
History:
The subject property has been part of the city since 1823 and was granted to AOM II, LLC on December 28, 2017. The property has one engineered steel frame building that was built in 1970 and one concrete/masonry building that was built in 1950. The subject property is currently zoned Heavy Industrial (HI) and was zoned Manufacturing 2 (M2) prior to the adoption of the Unified Development Ordinance in 2011.
Surrounding Area:
The subject property is located on Person Street between S. Eastern Boulevard. and Old Wilmington Road. The general area around the subject property is primarily industrial in nature, but it is situated just east of a downtown gateway. The property to the west is an existing office building that appears to be vacant. The property across Person Street to the north is the location of Fayetteville Fire Station No. 1 that is zoned Limited Commercial (LC). The property to the east is an auto repair shop that is zoned Heavy Industrial (HI). The property to the south contains various warehouse/retail uses and is also zoned Heavy Industrial (HI).
Rezoning Request:
The applicant is requesting to rezone the property from Heavy Industrial (HI) to Heavy Industrial Conditional Zoning (HI/CZ) to permit its current use as a car detailing service.
The HI zoning district is established and intended 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 vehicles, materials, and goods, and greater potential for adverse environmental and visual impacts.
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.
Conditional Zoning:
The request is for a conditional zoning from Heavy Industrial (HI) to Heavy Industrial Conditional Zoning (HI/CZ).
The purpose of the CZ zoning district is “intended to provide a landowner and the City an alternative to rezoning the land to a standard base zoning district, where the base zoning allows certain uses and development that may be appropriate but also allow uses and development that may not conform to City plans or would have adverse impacts on public facilities or surrounding lands. Reclassification of land to a conditional zoning district allows a landowner to propose, and the City Council to consider, additional conditions or restrictions on the range of allowable uses, use standards, development intensities, development standards, and other regulations applicable in the parallel base zoning district. This enables the City to tailor a zoning classification to accommodate desirable development while avoiding or addressing anticipated problems that may arise from development otherwise allowed by the base zoning district.”
Specifics of this Conditional Rezoning:
The applicant is requesting a Conditional Rezoning to allow a use that, by definition, falls under a car wash and auto detailing use type that is not currently permitted in the HI zoning district. This conditional rezoning will maintain the base zoning of Heavy Industrial (HI) while allowing the additional use (car wash and auto detailing). This will maintain continuity with the surrounding HI zoning district while allowing a use that complements the surrounding land uses.
Land Use Plan Analysis:
According to Future Land Use Map & Plan, this property and the majority of the surrounding area are recommended to be developed as an Industrial/Employment Center. Industrial/Employment Center is described as having high-intensity nonresidential uses with high impact or likelihood for nuisance. Regional employment centers can include larger industrial uses or business parks. The proposed rezoning will maintain the HI zoning district which is in keeping with the Industrial/Employment Center area laid out by the Future Land Use Plan.
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 map amendment to HI/CZ 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 and reasonableness statement; or
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 City Council APPROVE of the map amendment to HI/CZ 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 Industrial/Employment Center.
• 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
8. Slide Show