TO: Mayor and Members of City Council
THRU: Telly C. Whitfield, Ph.D. - Assistant City Manager
Dr. Gerald Newton, AICP - Development Services Director
Jennifer C Baptiste, CZO - Planning and Zoning Division Manager
FROM: Craig M. Harmon, CZO - Planner II
DATE: June 27, 2022
RE:
Title
P22-02. Initial Zoning from Cumberland County’s Rural Residential (RR) and Residential 10 (R10) to City of Fayetteville’s Limited Commercial/Conditional Zoning (LC/CZ), located at 7605, 7625 & 7615 King Road, & 7483, 7475, 7461, & 7467 Rockfish Road, and 0 Barbour Lake Road (REID #'s 9494487094000, 9494479506000, 9494486009000, 9494486097000,9494581091000, 9494574949000, 9494583040000, 9494580282000) containing 16.0 acres ± and being the properties of Robert L. Ferguson, Frances Ferguson, Betty L. Norton, Albert Kelly Jr., George E. Myers, Phillip N. Smith.
end
COUNCIL DISTRICT(S):
Council District(s)
6 - Christopher Davis
b
Relationship To Strategic Plan:
Strategic Operating Plan FY 2022
Goals 2026
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.
• Objective 3.3 - To sustain a favorable development and business climate through timely and accurate construction review and building inspection services
Goal IV: Desirable Place to Live, Work and Recreate
• Objective 4.3 - To improve mobility and connectivity through sidewalk, trail, and bike lane investments
• Objective 4.4 - To provide a clean and beautiful community with increased green spaces
• Objective 4.5 - To ensure a place for people to live in great neighborhoods
Executive Summary:
The potential purchaser of these parcels wishes to develop a multi-use neighborhood shopping center. The center would be anchored by a name brand grocery store with connected spaces for smaller retail uses. The site will also be developed to allow approximately three outparcels and support the required open space. The attached site plan provides a visual representation of the potential development of the site.
The Limited Commercial (LC) District is established and intended to accommodate a wider range of moderate-intensity general retail, business, and service uses that serve groups of neighborhoods instead of just an individual neighborhood-e.g., grocery stores, drugstores, large restaurants, gas stations, and higher order retail uses like specialty stores.
In April of 2022, the developers of this property held a community meeting at a local church to inform the adjoining residential neighborhood residents of the possible new development. City staff was not present. However, based on the meeting the developers made modifications to their site plan to ease neighbors’ concerns.
On May 10, 2022, the Zoning Commission held a Legislative Hearing regarding this case. There were six speakers in favor and none in opposition. One of those speaking in favor did express concerns, none of which directly related to the zoning or annexation of the property.
He stated that he had concerns regarding the following:
• How the tax revenue from this project would be spent;
• The current leadership in Fayetteville;
• Traffic and noise; and
• Concerns about the City of Fayetteville’s ability to police this area if annexed.
The Commission voted 5-0 to recommend approval and approve the consistence statement.
Background:
This property is located at the intersection of Stoney Point Road, Rockfish Road, King Road and Lakewood Drive. These eight (8) properties (along with the properties to the east, west and south) are currently in Fayetteville’s Municipal Influence Area (MIA) and have petitioned for annexation. The jurisdictions of Fayetteville, Hope Mills, and Cumberland County all converge at this intersection. To the north is the City of Fayetteville’s jurisdiction along with the City of Hope Mills jurisdiction, and to the east, west and south is currently in the County.
To the west of these properties are single-family detached houses in both the City of Fayetteville’s and Cumberland County’s jurisdiction. To the north is a Harris Teeter anchored commercial development located within the City Limits of Hope Mills. To the west is Stoney Point Elementary School and to the south is undeveloped residentially zoned property which are both within the County’s jurisdiction.
Applicant: Gregory Whitley, MacRae, Perry, MacRae & Whitley, LLP.
Owner: Robert L. Ferguson, Frances Ferguson, Betty L. Norton, Albert Kelly Jr., George E. Myers, Phillip N. Smith
Developer: Kyle Kritz, Columbia Properties, Inc.
Requested Action: RR & R10 to LC/CZ
Property Address: 7605 King Road, 7483 Rockfish Road, 7625 King Road, 7615 King Road, 7475 Rockfish Road, 7461 Rockfish Road, 7467 Rockfish Road, and 0 Barbour Road.
Council District: 6 - Christopher Davis
Status of Property: Large Lot - Single Family Detached
Size: 16.0 acres ±
Adjoining Land Use & Zoning:
• North: C2(P), MXD CUD & SF-10 - Commercial and Single Family Detached
• South: RR - Vacant
• East: RR - School
• West: RR - Single Family Detached
Letters Mailed: 67
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 Low Density Residential (LDR).
Low Density Residential is best described as mainly single family residential with some accessory dwellings; occasionally with duplexes (if isolated) or townhomes. Lots typically 1-4 dwellings per acre. Suburban, auto-oriented character with utility services.
Issues/Analysis:
History:
In 2017, a similar request for annexation/initial zoning for a grocery store anchored shopping center was submitted to the city. However, that request was withdrawn after significant opposition from the adjoining neighborhood.
The attached site plan proposes a 48,000 square foot grocery store as the anchor, along with 24,300 square feet of additional retail space within the shopping center. There will also be three outparcels that will border Rockfish Road for future development.
As seen on the attached site plan, a substantial amount of redesign will also take place at the intersection of Rockfish, Lakewood, Stoney Point, and King Roads. King Road would be realigned to provide the main entrance to the development. The second entrance would be a right-in, right-out on to Rockfish Road.
Surrounding Area:
The site has a commercial development to the north and a school to the east. The other two sides are single family residential.
Rezoning Request:
The applicant is requesting to rezone an area currently zoned RR & R10 in the County to LC/CZ which would allow commercial development as seen on the attached site plan.
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 RR & R10 in the County to LC/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 Zoning:
Petitioner proposes that the application be granted such that the development is made in a substantially similar fashion to the Site Plan submitted. All development would still be subject to the requirements of the UDO and any agencies or boards of the City responsible for monitoring and directing development.
Conditions offered by the owner:
1. Development will be built in accordance with the attached revised site plan.
The LC District is established and intended to accommodate a wider range of moderate-intensity general retail, business, and service uses that serve groups of neighborhoods instead of just an individual neighborhood-e.g., grocery stores, drugstores, large restaurants, gas stations, and higher order retail uses like specialty stores. The district is not intended to accommodate intensive commercial or other business uses. Residential uses are encouraged on the upper floors of nonresidential establishments. The district is subject to standards intended to ensure development is compatible with surrounding residential neighborhoods.
The proposed zoning district is compatible with the area as similar County zoning already exists in the area.
Land Use Plan Analysis:
According to Future Land Use Map & Plan, this area is recommended to be developed as Low Density Residential (LDR), which is best described as mainly single family residential with some accessory dwellings; occasionally with duplexes (if isolated) or townhomes. Lots typically 1-4 dwellings per acre. Suburban, auto-oriented character with utility services. For the reasons stated in the Future Land Use Plan, staff recommends an initial zoning to a more restrictive SF-15 district.
The entire subject property is located with the Fayetteville Municipal Influence Area and is located within an Area of Consideration for Future Annexation as adopted by the City Council on August 23, 2010.
Pursuant to the 2030 Growth Strategy Map, the subject property is located in an Urban Fringe area that directly abuts an Urban area. The Growth Strategy Map, as revised in April, 2009 (nearly eight years ago), notes that Urban Fringe areas are designated for future urban level development.
The 2030 Growth Factors Analysis, part of the 2030 Growth Vision Plan, noted that this area of the county had by far the highest population growth [gains of 60% to 95%] from 1990-2000. That trend has continued into the 2000s.
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 there will be an economic impact associated with this rezoning that will occur due to taxes collected in the future.
Options:
1. Zoning Commission and Staff recommend approval of the map amendment to LC/CZ with the conditions listed above (recommended);
2. Staff recommends approval of the map amendment to LC/CZ with additional conditions to those listed above.
3. Staff recommends approval of the map amendment to a more restrictive zoning district; or
4. Commission moves to deny the map amendment request.
Recommended Action:
The Zoning Commission and Professional Planning Staff recommend that the City Council move to APPROVE the map amendment to LC/CZ based on the following:
• The proposed zoning map amendment implements many of the policies adopted in the Future Land Use Plan (FLUP), and those policies found in the 2030 Growth Vision Plan. The 2030 Growth Vision Plan adopted by Fayetteville and Cumberland County designates this area as urban fringe. According to the plan, Urban Fringe areas are designated for future urban level development.
• The uses permitted by the LC/CZ 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. Revised Site Plan
8. Consistency and Reasonableness Statements