TO: Mayor and Members of City Council
THRU: Kelly Olivera - Assistant City Manager
Dr. Gerald Newton, AICP - Development Services Director
FROM: Will Deaton, AICP, CFM, CZO - Planning & Zoning Division Manager
Demetrios Moutos - Planner I
DATE: November 25, 2024
RE:
Title
P24-37. Rezoning from Residential 6 (R6A) to Heavy Industrial (HI) located at 3424 Cumberland Road (0426015026000) totaling 2.47 acres ± and being the property of Kodjo Sam Kouassi.
end
COUNCIL DISTRICT(S):
Council District(s)
5 - Lynne Greene
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
Goal III: City Invested in Today and Tomorrow
• Objective 3.2 - To manage the City’s future growth and strategic land use
Goal IV: Desirable Place to Live, Work, and Recreate
• Objective 4.5 - To ensure a place for people to live in great neighborhoods
Executive Summary:
The applicant seeks to rezone the property at 3424 Cumberland Road from Residential 6 (R6A) to Heavy Industrial (HI). This site is situated on the north side of Cumberland Road, between Hopedale Street and Boone Trail/Upchurch Drive. This is an initial zoning in conjunction with an annexation petition.
The Zoning Commission held a legislative hearing on September 10, 2024, at which the commission voted unanimously to recommend approval of the rezoning. Four people were signed up to speak in favor of the rezoning and two people were signed up to speak in opposition.
Speakers in favor of the rezoning proposal included David Holmes and Kodjo Kouassi, both located at 3404 Cumberland Road. They explained that Sam’s Towing and Wrecker Services needs additional space to store cars and park trucks while expanding in compliance with city regulations. Herbert Townes, a Nationwide insurance representative, supported the expansion, noting that the owner has aimed to grow the business since purchasing the property ten years ago. Daniel Barron highlighted the business’s role in cleaning the area, creating jobs, and contributing to the community.
In opposition, Hernandez Carlos of 2709 King Street expressed concerns about rising property taxes (up 17%) and questioned the development’s benefits for residents, suggesting it could increase poverty. During the discussion, Mr. McCorquodale clarified the parcels involved, while Mr. Moutos explained that rezoning to Heavy Industrial (HI) would prevent the property from becoming nonconforming and added that potential tax implications may arise, though he is not a tax expert. Mr. Simon asked whether the property was previously zoned as HI; Mr. Moutos clarified that its current zoning is Community Commercial (CC) and added that expanding on CC-zoned land would require a special use permit.
Background:
Owner: Kodjo Sam Kouassi
Applicant: Kodjo Kouassi
Requested Action: R6A to HI
REID #: 0426015026000
Council District: 5 - Lynne Greene
Status of Property: The principle structure appears to be a single-family residence, featuring a large metal sunshade directly behind it and a chain-link fence with plastic inserts surrounding the property.
Size: 2.47 ± acres
Adjoining Land Use & Zoning:
• North: SF-10 - Single family residences
• South: R6A - Single family residences
• East: CC - Sam’s Towing
• West: HI - Mixed Use Auto Storage/Tire Sales
Annual Average Daily Traffic: Cumberland Road - 3,500
Letters Mailed: 211
Land Use Plans:
Following 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 those in the Municipal Influence Area (MIA), are subject to its guidelines. The Plan recommends that this part of the city be developed as Medium Density Residential, which primarily includes single-family neighborhoods on small lots, with duplexes and townhomes interspersed. Low-rise apartments are also permissible.
Issues/Analysis:
History:
The conveyance documented in the deed pertains to the transfer of real property from Carrie Lynn McBride Moody and Timothy Brandon Holst, serving as Co-Trustees of the Charles La-Fate McBride Trust established on August 17, 2018, to Kodjo Sam Kouassi. The subject property is specifically identified as Lot 10 in Ellington Pines, situated in Cumberland County, North Carolina, with detailed boundary descriptions and references to prior deeds and recordings. This transfer is effectuated through a General Warranty Deed, a legal instrument whereby the grantors affirm that they possess unencumbered title to the property, have the authority to convey it, and warrant that the property is free from any encumbrances except those expressly stated in the deed. The deed also contains customary legal covenants obliging the grantors to defend the title against legitimate claims. Furthermore, an exception is articulated in the deed, specifically pertaining to a parcel previously conveyed to the Department of Transportation. The grantors have executed the deed, which has been duly notarized by authorized notaries in North Carolina, thus affirming the validity of the document.
Surrounding Area:
The surrounding area primarily consists of single-family residences, with some more intense commercial uses. To the west of the subject property is a mixed-use site that includes auto storage, tire sales, and an auto mechanic. The subject property extends 1,163.6 feet in depth, with its rear boundary adjoining the Pine Acres single-family residential subdivision. Adjacent to the mixed-use auto property, at the corner of Cumberland Road and Ladyslipper Drive, is B’s All About Children Childcare Center. Directly across from the childcare center are an antique thrift store and the Boys and Girls Clubs of Cumberland County.
The property at 3404 Cumberland Road, also owned by Mr. Kouassi, was the subject of a rezoning request in early 2022. This property serves as the primary location for Sam’s Towing. It was rezoned to Community Commercial (CC) to align with existing County zoning, support strategic development goals, and ensure compatibility with surrounding land uses as part of the annexation process.
Rezoning Request:
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 rezoning from Residential 6 in Cumberland County to Heavy Industrial (HI) in the City of Fayetteville.
The Heavy Industrial (HI) District is designed to accommodate heavy manufacturing, assembly, fabrication, processing, distribution, storage, research and development, and other industrial activities that may involve large-scale operations, significant exterior movement of vehicles, materials, and goods, and a higher potential for environmental and visual impacts.
The reclassification of land to a base zoning district without conditions allows all of the uses that are shown on the Use Table taken from the UDO. 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 the Future Land Use Map & Plan, this area is recommended for development as Medium Density Residential and Employment Center. Medium Density Residential primarily consists of single-family neighborhoods with small lots, interspersed with duplexes or townhomes, and possibly low-rise apartments. The Employment Center designation is intended for high-intensity non-residential uses that may have significant impacts or nuisance potential, and for regional employment hubs that could include larger industrial facilities or business parks.
According to the 2040 Future Land Use Plan, this proposed development falls within Goal #1: Focus value and investment around infrastructure and strategic nodes and Goal #4: Foster safe, stable, and attractive neighborhoods.
Under the plan’s Land Use Policies and Strategic section, subsection Strategic Compatible Growth, this proposed rezoning falls under the following sections:
LUP 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 prior to or in tandem with new development.
LUP 3: Encourage redevelopment along underutilized commercial strip corridors and reinvestment in distressed residential neighborhoods.
• 3.1: Examine and identify targeted redevelopment and infill areas throughout the city.
LUP 4: Create well-designed and walkable commercial and mixed-use districts
• 4.1: Ensure new development meets basic site design standards
• 4.2: Encourage context-sensitive site design
LUP 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.
Consistency and Reasonableness Statements:
The Future Land Use Plan outlines specific goals, policies, and strategies. This application aligns with the City’s strategic growth objectives and meets the goals outlined in the Land Use Plan, as detailed in the attached Consistency and Reasonableness form.
Conclusion:
The request to rezone the 2.47-acre parcel at 3424 Cumberland Road from Residential 6 (R6A) to Heavy Industrial (HI) is reasonable and aligns with the City of Fayetteville’s strategic growth objectives. While the Future Land Use Map recommends this property for Medium Density Residential and Employment Center uses, the proposed rezoning to HI is consistent with the surrounding area’s existing commercial and industrial character. The proximity to existing heavy industrial and commercial uses, including auto storage, tire sales, and the Sam’s Towing facility, makes this rezoning a logical extension of the existing land use pattern.
Moreover, this rezoning supports the City’s goals to ensure a diverse tax base, manage future growth strategically, and sustain a favorable development climate. The HI zoning district will allow for large-scale industrial operations that can contribute to the regional economy, aligning with the Employment Center designation in the Future Land Use Plan.
Given the property’s location within an area already accommodating similar uses, the rezoning to HI is compatible with surrounding land uses and is unlikely to introduce significant adverse impacts. The proposal also meets the objectives outlined in the City’s Land Use Plan, particularly in fostering redevelopment and encouraging investment in areas well-served by infrastructure.
The rezoning of this parcel to Heavy Industrial is both consistent with the City’s long-term planning goals and reasonable considering the existing and planned uses in the surrounding area.
Budget Impact:
There is no immediate budgetary impact; however, the rezoning and annexation are expected to generate an economic impact through future tax revenue.
Options:
1. The City Council approves the map amendment 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. The City Council approves 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 statement
3. The City Council denies 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 move to APPROVE the map amendment to HI based on the following:
• The proposed zoning map amendment does implement the policies adopted in the Future Land Use Plan (FLUP), and those policies found in the Unified Development Ordinance (UDO);
• The uses permitted by the proposed change in zoning district classification and the standards that apply to such uses are 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. Signed Consistency and Reasonableness Statement
8. City Council Presentation
9. Zoning Commission Minutes