TO: Mayor and Members of City Council
THRU: Zoning Commission
FROM: Demetrios Moutos - Planner I
DATE: July 9, 2024
RE:
Title
P24-31: Rezoning of one property from Single-Family Residential 10 (SF-10) to Limited Commercial (LC) located at 0 ? Drive (REID: 9497959572000) totaling 1.35 acres ± and being the property of Judith Knowles Bunce, John O. Bunce, and Homeplace Holdings LLC, represented by Ashley Ballard of Deaco Group.
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
o Objective 2.1: To ensure a diverse City tax base.
o Objective 2.4: To sustain a favorable development climate to encourage business growth.
• Goal III: City Invested in Today and Tomorrow
o Objective 3.2: To manage the City’s future growth and strategic land use.
Executive Summary:
The property owners seek to rezone a 1.35 acre ± parcel on the corner of Cliffdale Road and Bunce Road from Single-Family Residential 10 (SF-10) to Limited Commercial (LC) to allow for the development of a new convenience store with fuel sales.
Background:
• Owners: Judith Knowles Bunce, John O. Bunce, and Homeplace Holdings LLC
• Applicant: Larae Tucker
• Requested Action: SF-10 to LC
• REID #: 9497959572000
• Council District: 7 - Brenda McNair
• Status of Properties: Vacant
• Size: 1.35 acres ±
• Adjoining Land Use and Zoning:
• North: SF-10 and OI/CZ - Single Family
• South: LC and SF-10 - Diamond Outdoor Products
• East: SF-10 - Vacant
• West: LC and MR-5 - 365 Fast Mart and Hidden Creek Village Apartments
• Annual Average Daily Traffic 2022
o Cliffdale Road: 28,000
o Bunce Road: 13,000
• Postcards Mailed: 115
2040 Comprehensive Land Use Plan and Map:
Future Land Use Maps and Comprehensive Plans are essential tools for local governments to guide staff, appointed, and elected officials in making long-term land use decisions, such as rezonings and special use permits. Updating Fayetteville’s future land map allowed the community, staff, stakeholders, and others to engage in city-wide discussions about development pressures within Fayetteville’s municipal limits and its municipal influence area (MIA). Alongside the map, character area descriptions and policy recommendations are included to aid implementation. This plan communicates the desired future land use and the preferred type and form of development to the public and the development community.
The recently adopted 2040 Comprehensive Plan exemplifies this approach.
The 2040 Comprehensive Plan, adopted on May 26, 2020, designates the subject property for Neighborhood Mixed Use development. This designation allows for a combination of residential and commercial uses within the same zone, creating a vibrant and walkable environment. The plan outlines a mix of building heights, ranging from one to three stories, with a variety of housing options including smaller-scale multi-family units, attached housing, and single-family homes on smaller lots. Lower-density development is suggested for the periphery of the area.
Issues/Analysis:
Historical Narrative Based on Deed Records: Deed records meticulously document the history of this property, spanning over a century. These records reveal a series of transactions and boundary definitions, tracing the property’s journey from early 20th-century acquisitions to present-day ownership.
The documented history begins in 1914 with a significant survey by J.K. Strange. This comprehensive survey subdivided multiple parcels within Cumberland County, laying the groundwork for future land transactions. A key transaction occurred in 1918 when a portion of the property was conveyed from John Salem Jones and his wife to W.F. Yarborough and W. Leighton Bunce.
The mid-20th century saw continued activity. New property divisions were documented by surveyor E. L. Sales in 1937. Land transfers continued, with a conveyance from Duncan B. Currie and Margaret H. Bruton in 1963. Notably, the early 1940s were a period of increased activity, reflected in property acquisitions documented by Franklin B. Clark in 1942 and various land transactions throughout 1943, including one involving R. H. Owen.
Property transactions continued to shape the area’s landscape in the late 20th and early 21st centuries. The period from 1950 to 1957 saw multiple deeds recorded. These transactions included those involving Swanna Paschall White and conveyances from Mary Dockey Smith and John A. Gates. The most recent documented transfer occurred on November 8, 2022, when Brian Paul Burkhard and Martha Nichols Johnson conveyed the property to Homeplace Holdings, LLC. This deed incorporates historical land details and adheres to modern legal requirements.
Throughout this period, meticulous attention to boundary definitions and legal descriptions played a crucial role in shaping the property. Detailed surveys established clear property boundaries, referencing geographical landmarks like Chicken Road and Hope Mills Road. Easements, rights-of-way, and municipal zoning ordinances have also been documented, ensuring compliance with land use regulations.
The property’s history showcases its dynamic journey through a century of transactions, boundary definitions, and evolving land use. The records highlight the intricate details and legal complexities involved in the property’s development, serving as a testament to the ongoing transformation of Cumberland County’s landscape.
History Based on Aerial Imagery: According to the Cumberland County GIS, from 1968 the property was unoccupied with minimal vegetation. Over the following decades, the land remained undeveloped. The most recent imagery shows a predominantly forested area with thick undergrowth.
Rezoning Request: This project seeks to rezone a 1.35-acre vacant property from Single-Family Residential 10 (SF-10) to Limited Commercial (LC). The property has not been subject to a map amendment application in the last five years and is serviced by public water and sewer systems. It is not part of any recent annexation.
The proposed development is a new convenience store with fuel sales, encompassing two parcels (REID: 9497953806000 and 9497959572000). One parcel is currently zoned LC, allowing the proposed use. The rezoning request applies to the other parcel, currently zoned SF-10.
The LC district accommodates a variety of moderate-intensity commercial uses serving multiple neighborhoods. Examples include grocery stores, gas stations, restaurants, and specialty stores. It prioritizes compatibility with surrounding residential areas and discourages intensive commercial uses. Residential uses above nonresidential establishments are encouraged.
Project Justification According to the Applicant:
• Alignment with Planning Documents: This rezoning aligns with the city’s comprehensive plan and long-range planning goals.
• Community Need: The convenience store addresses a demonstrated need for additional services in the area.
• Compatibility with Surrounding Uses: The rezoning ensures compatibility with the existing LC-zoned parcel to the south, creating a more cohesive development pattern.
• Logical Development: This project promotes a logical and orderly development pattern by expanding existing commercial uses in a designated area.
• Service Provision: The development enhances service provision to nearby residents without encouraging premature development.
• Minimal Impact: The project is not expected to negatively impact property values or the environment. It also avoids creating strip commercial development or an isolated zoning district.
Straight Zoning: This request proposes a “straight rezoning” of the property. This means changing its zoning from Single-Family Residential 10 (SF-10) to Limited Commercial (LC) with no conditions.
Rezoning reclassifies the land to a new zoning category, allowing for the uses permitted in that category. These permitted uses are listed in the “Use Table” of the Unified Development Ordinance (UDO).
In a straight rezoning, the Zoning Commission cannot add restrictions or requirements beyond those already established in the LC zoning category. This means they can’t limit the types of businesses allowed, building size regulations, or other development standards.
Land Use Plan Analysis:
Site Overview: The subject property, encompassing 1.35 acres ±, is currently vacant and densely wooded. Historical aerial imagery reveals a clear-cut area in 1968, allowing for natural regrowth since then. The property borders on:
• North: Single-Family Residential 10 (SF-10) and OI/CZ districts present both opportunities and challenges. The presence of single-family homes necessitates careful planning to minimize disruption and ensure compatibility with the proposed development. However, the OI/CZ district might allow for some limited commercial uses in the area, potentially creating a more receptive environment for the proposed LC zoning.
• South: The mix of Limited Commercial (LC) and Single-Family Residential (SF-10) creates a context where the proposed rezoning aligns well with existing commercial uses like Diamond Outdoor Products. This aligns with the FLUP's vision for neighborhood-serving commercial activities. However, the presence of remaining SF-10 zoned areas suggests the potential for single-family homes nearby. Mitigating potential impacts like increased traffic and noise on these potential future residents will be crucial.
• East: The vacant land zoned SF-10 to the east presents an opportunity for future residential development that could benefit from the proposed convenience store's proximity. However, careful planning during construction is necessary to minimize disruption to any future development on this vacant land.
• West: The presence of a 365 Fast Mart convenience store in the LC zone suggests some existing demand for similar services in the area. The presence of Hidden Creek Village Apartments (MR-5 zone) necessitates measures to mitigate potential negative impacts like increased traffic and noise on these residents.
Compatibility Analysis with FLUP: The proposed rezoning aligns with some aspects of the FLUP’s Neighborhood Mixed Use designation:
• Mixed-Use Development: Aligns with the visions for integrating commercial and potentially residential uses, promoting a vibrant and flexible environment.
• Walkability: Increases the potential for walkability by providing additional retail options closer to residential areas. Walkability could be greatly improved with street design changes to Bunce Road and Cliffdale Road that focus more on pedestrian movement and safety, such as adding enhanced sidewalks, crosswalks, and traffic calming measures. Future development of the subject property will provide moderate enhancements in these areas.
Potential Discrepancies with FLUP:
• Residential Integration: The LC district’s focus on commercial activities might require careful planning to include sufficient residential components to reflect the FLUP’s mixed-use intent fully.
• Density: The FLUP recommends lower-density development at the periphery, while the LC district supports moderate-intensity commercial uses. Careful planning is necessary to ensure that higher-intensity commercial activities do not overwhelm the surrounding residentially zoned areas.
Soil and Traffic Considerations:
• Soil Type: The property sits on faceville loamy sand with a moderate slope (2-6%). This soil is generally suitable for construction but requires proper erosion and drainage management, especially on slopes.
• Traffic Analysis:
o Cliffdale Road carries a high traffic volume (AADT of 28,000), indicating the road’s capacity for commercial development but also necessitating careful traffic planning to manage potential congestion and ensure safety.
o Bunce Road’s traffic volume (AADT of 13,000) must also be considered during the review of future development.
Alignment with Modern Urban Planning:
Modern Urban Planning emphasizes:
• Mixed-Use Development: The proposal aligns with this principle by promoting moderate-intensity commercial uses serving multiple neighborhoods and encouraging potential residential components above non-residential establishments.
• Walkability: The proposal enhances the potential for increased access to additional retail options for nearby residents, aligning with Urban Planning goals for walkable communities.
• Sustainability and Compatibility: Ensuring compatibility with surrounding areas and incorporating environmental safeguards aligns with sustainable urban planning practices. Proper erosion control, drainage management, and traffic impact assessments are crucial for minimizing environmental impacts and enhancing community well-being.
Conclusion: The proposed rezoning aligns with the FLUP’s vision for a Neighborhood Mixed-Use area by allowing moderate-intensity commercial uses with potential residential components. However, careful design considerations are needed to ensure compatibility with surrounding neighborhoods, manage traffic impacts, and potentially incorporate more residential elements to fully reflect the FLUP’s mixed-use intent. Successful integration of any development requires proper traffic management, environmental safeguards, and community engagement. This approach aligns with modern Urban Planning principles and can contribute to a sustainable and dynamic community.
The Technical Review Committee (TRC) plays a crucial role in ensuring a well-integrated development. During the approval process, the TRC will thoroughly examine how any development proposal addresses the concerns that were raised in this analysis.
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:
Strategic, Compatible Growth (LU-1, LU-2, LU-3):
• Encourage Growth in Areas Well-Served by Infrastructure (LU-1): The subject property is located at the corner of Cliffdale Road and Bunce Road, areas well-served by existing infrastructure including roads, utilities, and emergency services. This aligns with LU-1, which advocates for growth in areas with established infrastructure.
• Encourage Strategic Economic Development (LU-2): The rezoning to LC supports moderate-intensity commercial uses such as convenience stores, which cater to multiple neighborhoods and promote economic development in designated areas. This aligns with LU-2's goal to encourage economic development in identified areas.
• Encourage Redevelopment Along Underutilized Commercial Strip Corridors (LU-3): The proposed rezoning and development of a convenience store can be seen as a step towards revitalizing and providing services along commercial corridors, contributing to the redevelopment of underutilized areas.
Safe, Stable, and Attractive Neighborhoods (LU-6, LU-7):
• Encourage Development Standards that Result in Quality Neighborhoods (LU-6): The LC zoning district's emphasis on compatibility with surrounding residential areas ensures that the development will adhere to high standards, promoting a stable and attractive neighborhood environment.
• Encourage a Mix of Housing Types for All Ages and Incomes (LU-7): Although the immediate proposal does not include residential uses, the LC zoning district does encourage residential uses above non-residential establishments, aligning with LU-7's goal of promoting diverse housing options.
Preserve and Enhance Environmental Features (LU-8, LU-9, LU-10):
• Require the Reservation of Open Space and Unique Natural Features (LU-8): The proposal aligns with LU-8’s emphasis on preserving open space and unique natural features. While primarily focused on commercial development, the proposal can include reserving portions of the site as open spaces, potentially exceeding the 5-10% requirement to create parks or green areas for public use. The design can also integrate and preserve mature trees, water features, and other natural elements. Additionally, connecting any open spaces to existing or planned greenways and parks would enhance their utility and accessibility.
• Plan for a Connected System of Open Space and Greenways (LU-9): While the proposal primarily focuses on commercial development, it is situated in an area where future planning efforts can incorporate pedestrian pathways and connectivity, supporting LU-9's vision for a connected system of open spaces.
• Support Land Use, Site Design, and Capital Improvement Initiatives that Increase Resiliency and Reduce Impacts from Flooding and Natural Disasters (LU-10): The proposed development has the potential to align with LU-10 by incorporating measures to increase resilience and reduce the impact of flooding and natural disasters. Advanced stormwater management techniques could mimic pre-development conditions, thereby reducing runoff and erosion, which would align with LU-10.1. Additionally, the use of Low Impact Development (LID) techniques such as permeable pavements, green roofs, and rain gardens could enhance stormwater management and promote groundwater recharge, supporting LU-10.2. Planning for stormwater management at the stream basin level, as emphasized in LU-10.3, is crucial, particularly in areas with limited on-site detention. Even though the site is not within a floodplain, the development could apply LU-10.4 principles by incorporating open spaces and ensuring structures are built with sufficient freeboard.
Budget Impact:
In the long term, the city can expect increased tax revenues from property and sales taxes, economic development benefits through job creation and business growth, and ongoing maintenance and service costs.
Options:
1. Recommend approval of the map amendment to LC 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. Recommend approval of 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. 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 Professional Planning Staff recommends that the Zoning Commission move to recommend APPROVAL of 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 Neighborhood Mixed Use.
• 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. TRC Comments December 2023