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: November 27, 2023
RE:
Title
P23-49. Rezoning of 1.42 acres ± from Mixed Residential 5 (MR-5) to Heavy Industrial Conditional Zoning (HI/CZ), located at 1009, 1015, & 0 North Street (REID #’s 0438700243000, 0438700340000, & 0438609391000), and being the property of DRA LLC, represented by Thomas Lloyd of Franklin Johnson Commercial Real Estate.
end
COUNCIL DISTRICT(S):
Council District(s)
Council District 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 applicant is requesting to rezone 1.42 acres ± from Mixed Residential 5 (MR-5) to Heavy Industrial Conditional Zoning (HI/CZ), located at 1009, 1015, & 0 North Street (REID #’s 0438700243000, 0438700340000, & 0438609391000).
The Zoning Commission voted 3-1 to recommend approval of the requested rezoning on November 14, 2023.
Background:
Applicant: Thomas Lloyd
Owner: DRA LLC
Requested Action: Rezoning from MR-5 to HI/CZ
REID: 0438700243000, 0438700340000, & 0438609391000
Prospective Council District: 2 - Shakeyla Ingram
Status of Property:
• 1009 North St. is currently vacant and covered with trees.
• 1015 North St. is partially wooded and also serves as outdoor storage for Fay Block Materials.
• 0 North Street is predominantly used for existing outdoor storage of Fay Block Materials.
Size: 1.42 ± total acres
Adjoining Land Use & Zoning:
• North: Industrial Material Storage (Zoned HI)
• South: Vacant/Wooded Property (Zoned MR-5)
• East: Industrial Material Storage (Zoned HI)
• West: Single Family Housing Zoned (MR-5)
Letters Mailed: 106
Land Use Plans:
With the adoption of the 2040 Comprehensive Plan: Future Land Use Map & Plan on May 26, 2020, all parcels within the city limits as well as parcels identified as being in the Municipal Influence Area (MIA) are subject to this plan.
According to the Future Land Use Map, these parcels are designated for development as follows: "Primarily single-family residential neighborhoods with small lots (3-6 dwellings per acre), with duplexes or townhomes interspersed, and the possibility of low-rise apartments. The area is mostly auto-oriented, but there are also some walkable neighborhoods and destinations." under the Medium Density Residential (MDR) designation. Applicant: Thomas Lloyd
Owner: DRA LLC
Requested Action: Rezoning from MR-5 to HI/CZ
REID: 0438700243000, 0438700340000, & 0438609391000
Prospective Council District: 2 - Shakeyla Ingram
Status of Property:
• 1009 North St. is currently vacant and covered with trees.
• 1015 North St. is partially wooded and also serves as outdoor storage for Fay Block Materials.
• 0 North Street is predominantly used for existing outdoor storage of Fay Block Materials.
Size: 1.42 ± total acres
Adjoining Land Use & Zoning:
• North: Industrial Material Storage (Zoned HI)
• South: Vacant/Wooded Property (Zoned MR-5)
• East: Industrial Material Storage (Zoned HI)
• West: Single Family Housing Zoned (MR-5)
Letters Mailed: 106
Land Use Plans:
With the adoption of the 2040 Comprehensive Plan: Future Land Use Map & Plan on May 26, 2020, all parcels within the city limits as well as parcels identified as being in the Municipal Influence Area (MIA) are subject to this plan.
According to the Future Land Use Map, these parcels are designated for development as follows: "Primarily single-family residential neighborhoods with small lots (3-6 dwellings per acre), with duplexes or townhomes interspersed, and the possibility of low-rise apartments. The area is mostly auto-oriented, but there are also some walkable neighborhoods and destinations." under the Medium Density Residential (MDR) designation.
Issues/Analysis:
History:
This area has been inside the city limits since 1949. According to their website, Fay Black Materials, Inc. was established in 1945 and is a manufacturer of concrete masonry and other hardscape and landscape materials. According to aerial photography provided by Cumberland County GIS, they have been steadily increasing the area of their business since at least 1968, with the most recent expansions and improvements taking place between 2013 and 2017. DRA, LLC obtained ownership of tracts 1 & 2 from Walker Johnson, Jr. (also known as Walker Jr. Johnson) and his wife, Margaret Smith Johnson, in January 2012. Tract 3 was purchased by DRA, LLC in June 2023 from The Estate of William Vance Cain, who is also known as Billy V. Cain, a North Carolina Estate, as well as from Robert Goodrich and his wife, Edna B. Goodrich.
Surrounding Area:
The subject parcels are bordered by a range of different land uses and zoning designations. To the north, there's an area designated for storing industrial materials, which is zoned as Heavy Industrial (HI). To the south, there's a vacant and forested property with a zoning classification of MR-5. On the eastern side, there's another area allocated for industrial material storage, also zoned as Heavy Industrial (HI). Lastly, to the west is single-family housing, zoned as MR-5.
Rezoning Request:
The applicant is seeking to rezone a parcel from MR-5 to HI/CZ. According to the applicant, the proposed amendment aligns with the comprehensive plan by conforming to existing land uses and designated as "High Suitability" for industrial activities. It addresses the need for expanding existing storage and supports a thriving local business while contributing to the city's tax base. The amendment is compatible with the surrounding vacant or applicant-operated uses, situated 110 feet from rail tracks, and follows the Long Range Plan's development pattern for the area. It won't encourage premature development, strip-style commercial development, or create an isolated zoning district. Moreover, it is not expected to have any significant adverse impacts on property values or the natural environment, given the nature of the stored goods and minimal traffic and noise associated with the use.
Conditional Zoning:
The request is to rezone the subject properties from MR-5 to 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 Zoning:
The properties will be recombined and include a 10-foot-wide vegetative buffer along the western and southern portions that abut MR-5. There will also be a 6-foot-high solid concrete wall along the same property lines along the western and southern boundary. The storage yard will be watered down as needed to prevent dust from escaping the site.
Land Use Plan Analysis:
This expansion serves as a response to changed conditions, providing essential space for outside storage and positively impacting the community by supporting economic development recruitment efforts and increasing the city's tax base. The inclusion of a vegetative buffer, a 6-foot-high wall, and regular watering of the storage yard will safeguard the nearby housing from noise and dust.
Moreover, the proposed amendment won't encourage premature development, since most of the area is already zoned Heavy Industrial. Importantly, it will not result in strip-style commercial development or create an isolated zoning district unrelated to adjacent areas. In terms of property values and the natural environment, it should not have any significant adverse impacts, as the inert storage use will not produce harmful substances or noise, and this type of use already exists in the immediate vicinity, potentially increasing land and tax values.
Consistency and Reasonableness Statements:
The Future Land Use Plan includes defined goals, policies, and strategies. This application aligns with the city's strategic growth strategies and fulfills the goals outlined in the attached Consistency and Reasonableness form.
Budget Impact:
There are no immediate budgetary impacts to rezoning this parcel.
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 statement;
3. City Council moves to deny 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 APPROVE 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 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. Plan Application
2. Aerial Notification Map
3. Zoning Map
4. Land Use Plan Map
5. Subject Property
6. Surrounding Property Photos
7. District Standards
8. Consistency and Reasonableness Statement
9. Site Plan
10. P23-49 CC PowerPoint