TO: Mayor and Members of City Council
THRU: Kelly Olivera - Assistant City Manager
Dr. Gerald Newton, AICP - Development Services Director
Jennifer C Baptiste, CZO - Planning and Zoning Division Manager
FROM: Craig Harmon, CZO - Senior Planner
DATE: December 12, 2022
RE:
Title
P22-44. Rezoning from Agricultural Residential (AR) to Community Commercial (CC) of 8.68 acres±, located at 8142 & 8159 Stoney Point Road (REID #s (9485659452000, 9485655245000), and is the property of Jimmy N Ray, Judy Epps Click, and Kenny J Click, and represented by Mark Candler, Candler Development Group LLC.
end
COUNCIL DISTRICT(S):
Council District(s)
6 - Derrick Thompson
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.
Executive Summary:
The subject properties are split by Stoney Point Road. The owner wishes to rezone these properties from Agricultural Residential (AR) to Community Commercial (CC) due to their proximity to the future I-295. The property on the north side of Stoney Point Road already has commercial use, Clicks Nursery and Greenhouse.
The CC zoning district is established and intended to accommodate a diverse range of medium- to high-intensity retail, service, and office uses that provide goods and services serving the residents and businesses in the community at large-e.g., shopping centers, convenience stores, retail sales establishments, and heavier commercial uses. The district is typically located along major arterials, at the intersection of arterials, and along growth corridors identified in City plans.
On November 8, the Zoning Commission held a legislative public hearing regarding this case. There were two speakers in favor and none in opposition. The Commission voted 5-0 to recommend approval of the CC zoning.
Background:
Owner: Jimmy N Ray, Judy Epps Click, and Kenny J Click
Applicant: Mark Candler, Candler Development Group LLC
Requested Action: AR to CC
REID: 9485659452000, 9485655245000
Council District: 6 - Derrick Thompson
Status of Property: Plant nursery and single-family residential
Size: 8.68 acres ±
Adjoining Land Use & Zoning:
• North: AR - Farming and Residential
• South: AR - Farming and Residential
• East: AR - Farming and Residential
• West: AR - Farming and Residential
Annual Average Daily Traffic: Stoney Point Rd. - 12,000 (2016)
Letters Mailed: 57
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 the northern parcel should be developed as Neighborhood Mixed Use (NMU) and the southern parcel should be developed as Low-Density Residential (LDR).
Neighborhood Mixed Use is described as neighborhood-scale commercial uses with a mainly horizontal mix of uses along with a vertical mix in key locations. Buildings should be 1-3 stories high with smaller scale multi-family, attached single-family, and small lot single-family encouraged. Lower-density development should remain along the edges.
Low-Density Residential is described as mainly single-family residential with some accessory dwellings. Occasionally duplexes (if isolated) or townhomes are allowed. Lots are typically 1-4 dwellings per acre. Development should be suburban, and auto-oriented in character with utility services.
Issues/Analysis:
History:
The subject properties and the surrounding areas were annexed into the City of Fayetteville in 2005. The property on the north side of Stoney Point Road currently is the location for Click’s Nursery & Greenhouse. This is a long-standing business in this part of the city. The property to the south is mostly wooded with a single family residence. Portions of both properties are being used as part of the I-295 construction.
Surrounding Area:
The subject properties are located at the intersection of Stoney Point Road and a service road for I-295. The properties in question are less than a half mile from a future interchange on I-295.
All of the properties surrounding these two parcels are currently zoned AR and have a mix of mainly residential and agricultural uses on them. On the south side of Stoney Point Road, at its intersection with Barefoot Road are properties zoned LC - Limited Commercial. There is one property between this LC zoning and 8159 Stoney Point.
Rezoning Request:
The applicant is requesting to rezone 8.68 acres ± from Agricultural Residential (AR) to Community Commercial (CC).
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 straight zoning from Agricultural Residential (AR) to Community Commercial (CC).
The CC District is established and intended to accommodate a diverse range of medium- to high-intensity retail, service, and office uses that provide goods and services serving the residents and businesses in the community at large-e.g., shopping centers, convenience stores, retail sales establishments, and heavier commercial uses. The district is typically located along major arterials, at the intersection of arterials, and along growth corridors identified in City plans.
The proposed zoning district 8142 Stoney Point Road, the northern property, is compatible with the area and this district is in keeping with the City’s Future Land Use Plan. This property already has a commercial retail use on it and the land use plan calls for Neighborhood Mixed Use development.
However, 8159 Stoney Point Road, the southern property, currently has a single-family residence on it and the land use plan calls for it to remain low-density residential. There is, however, Limited Commercial Zoning (LC) one property to the southeast along Stoney Point Road. This along with the construction of the new service road for I-295 that will border the western side of this property leads staff to recommend this rezoning.
It is staff’s opinion that the construction of I-295 and its service roads and interchanges have changed the conditions along Stoney Point Road to warrant the recommended changes is zoning and an amendment to the City’s Future Land Use Plan Map. Once the I-295 improvements are complete, these two properties will make up one half of a new intersection on Stoney Point Road.
The reclassification of land to a straight zoning district allows all of the uses that are shown on Use Table in the Unified Development Ordinance. 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 Plan, it is recommended that this portion of the city should be developed as Neighborhood Mixed Use (NMU) and Low-Density Residential (LDR).
Neighborhood Mixed Use is described as neighborhood-scale commercial uses. With a mainly horizontal mix of uses, along with a vertical mix in key locations. Buildings should be 1-3 stories high. Smaller scale multi-family, attached single-family, and small lot single-family are also encouraged. Lower-density development should remain along the edges.
Low-Density Residential is described as mainly single-family residential with some accessory dwellings; occasionally with duplexes (if isolated) or townhomes. Lots are typically 1-4 dwellings per acre. Development should be suburban, and auto-oriented in character with utility services.
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. City Council moves to approve the map amendment/rezoning as presented based on the evidence submitted and finds that the map amendment/rezoning is consistent with the Future Land Use Plan as demonstrated by the attached consistency and reasonableness statement.
2. City Council moves to approve the map amendment/rezoning to a more restrictive zoning district based on the evidence submitted and finds that the map amendment/rezoning would be consistent with the Future Land Use Plan and an amended consistency and reasonableness statement.
3. City Council moves to deny the map amendment/rezoning based on the evidence submitted and finds that the map amendment/rezoning is inconsistent with the Future Land Use Plan.
Recommended Action:
The Zoning Commission moved to recommend APPROVAL of the map amendment to CC for 8142 and 8159 Stoney Point Road based on the following:
• The recommended 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 Neighborhood Mixed Use and Low-Density Residential.
• The uses permitted by the proposed change in 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, along with the future intersection that will be built as part of the I-295 construction; 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. Consistency and Reasonableness Statements