TO: Mayor and Members of City Council
THRU: Zoning Commission
FROM: Craig Harmon, CZO - Senior Planner
DATE: September 10, 2024
RE:
Title
P24-36. Rezoning from Downtown 2 (DT-2) to Downtown 2 Conditional (DT-2/CZ) located at 450 W Russell St (0437443242000) totaling 0.47 acres ± and being the property of Franklin Russell, LLC.
end
COUNCIL DISTRICT(S):
Council District(s)
2 - Davis
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 has requested to conditionally zone a property on Russel Street from Downtown 2 (DT-2) to Downtown 2 Conditional Zoning (DT-2/CZ). The only proposed condition is to allow for the additional uses of a car wash and auto detailing.
Background:
Applicant: Jefferey Perez, Cerberus
Owner: Franklin Russell LLC
Requested Action: Conditional rezoning to DT-2/CZ
REID #: 0437443242000
Council District: 2 - Davis
Status of Property: Multi-tenant commercial building
Size: 0.24 acres
Adjoining Land Use & Zoning:
• North: DT-1 - Commercial building and parking lot
• South: DT-2 - Russell Street, parking lot and commercial
• East: DT-2 - Commercial buildings
• West: DT-2 - City parking lot
Annual Average Daily Traffic: Russell Street: 9,100 (2018)
Letters Mailed: 107
Additional Reviews: This project was reviewed by the Technical Review Committee and standard comments were provided.
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 Downtown (DTMXU). The Downtown designation calls for intense commercial, retail, and services. Many 5+ story buildings (especially in the core). Dense residential uses, stacked vertically and urban neighborhoods on the edges.
Issues/Analysis:
History:
The subject property and immediate area have been within the city limits of Fayetteville since the 1800s. Per Cumberland County GIS records, the subject property has been developed in some form since before 1968. Surrounding Area:
The surrounding properties are a mix of different styles of commercial buildings and surface parking lots.
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.
Conditional Zoning:
The request is to rezone the subject property to Downtown 2 (DT-2).
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 only proposed conditions are to allow additional the following additional uses;
1 Car wash
2 Auto Detailing.
Land Use Plan Analysis:
According to the Future Land Use Map & Plan, it is recommended that this portion of the city should be developed as Downtown (DTMXU). The Downtown designation calls for intense commercial, retail, and services. Many 5+ story buildings (especially in the core). Dense residential uses, stacked vertically and urban neighborhoods on the edges.
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.
• 1.6: Require adequate infrastructure to be in place prior to or in tandem with new development
• 1.7: Encourage a logical progression of housing development and discourage “leapfrog” 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.
LUP 7: Encourage a mix of housing types for all ages and incomes
• 7.2: Allow a mix of smaller scale detached and attached housing in Medium Density Residential and Neighborhood Improvement areas (as identified on the Future Land Use Map).
Summary:
According to the applicant, a tenant in this commercial strip center wishes to operate an indoor auto detailing business that would include car washing as part of its operation. The proposed use and rezoning seem to fit with the character of the surrounding area.
Budget Impact:
There is not an immediate budgetary impact.
Options:
1. Recommends approval of the amendment to the DT-2/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. Recommends approval of 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. 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 Professional Planning Staff recommends that the Zoning Commission move to recommend APPROVAL of the map amendment to DT-2/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 Office/Institutional which includes government facilities.
• The uses permitted by the proposed change in zoning district classification and standards 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. 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