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 Manger
Heather Eckhardt - Planner II
DATE: May 22, 2023
RE:
Title
P23-12. Rezoning from Single-Family Residential 10 (SF-10) to Mixed Residential 5 (MR-5), located at 0 Graham Road and 6677 Bailey Lake Road (REID #0406037174000 & 0406131181000), totaling 5.56 acres ± and being the property of LEF LLC, J & K General Contractor Inc., represented by Michael Adams of MAPS Surveying Inc.
end
COUNCIL DISTRICT(S):
Council District(s)
6 - Derrick Thompson
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
Goal III: City invested in Today and Tomorrow
• Objective 3.2 - To manage the City's future growth and strategic land use.
Goal IV: Desirable Place to Live, Work, and Recreate
• Objective 4.5 - To ensure a place for people to live in great neighborhoods
Executive Summary:
The applicant is seeking to rezone two parcels from Single Family Residential 10 (SF-10) to Mixed Residential 5 (MR-5). The two parcels to be rezoned total 5.56 acres ±. The subject properties are south of Fire Station 17 located on Bailey Lake Road. The 5.36-acre parcel, addressed as 0 Graham Road, is currently undeveloped and wooded. The .20-acre parcel, addressed as 6677 Bailey Lake Road, has one single-family house which is vacant and will be demolished.
Zoning Commission held a legislative hearing on April 11, 2023. There were two speakers in favor and two speakers in opposition at the meeting. The Zoning Commission denied the rezoning request. This item is before City Council on appeal.
Background:
Applicant: Michael Adams, MAPS Surveying Inc.
Owner: LEF LLC; J & K General Contractor Inc.
Requested Action: SF-10 to MR-5
REID #: 0406037174000 & 0406131181000
Council District: 6 - Derrick Thompson
Status of Property: 0 Graham Road: Undeveloped
6677 Bailey Lake Road: Vacant single-family house
Size: 5.56 acres
Adjoining Land Use & Zoning:
• North: SF-10 - Fire Station 17
• South: SF-10 - Single family subdivision & vacant land
• East: SF-10 - Single family dwelling & Aqua well site
• West: SF-10 - Single family subdivision
Annual Average Daily Traffic: Bingham Drive near Strickland Bridge Road: 4,300 (2016)
Letters Mailed: 277
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) and Park/Open Space (PARKOS). The area designated for Park/Open Space is located within the regulatory flood hazard area located at the rear of the property.
Low Density Residential is best described as mainly single family residential with some accessory dwellings; occasionally with duplexes (if isolated) or townhomes. Lots are typically meant for 1-4 dwellings per acre and have a suburban, auto-oriented character with utility services. Areas designated for Park/Open Space are areas generally not suited for development due to site constraints or environmental/cultural importance.
According to the Plan, the area surrounding the subject properties is intended to develop as Low Density Residential as well.
Issues/Analysis:
History:
The subject property was annexed into the city in 2005 as part of the Phase 5 Annexation Project. The single family house located at 6677 Bailey Lake Road has been in existence since the early 1980s. The 5.36-acre vacant parcel has never been developed. In 2013, the property was used as a temporary laydown yard for utility construction.
Surrounding Area:
Fire Station 17 and the Bailey Lake Dog Park is located to the north of the subject properties. The Arran Lakes West subdivision is located to the south of the subject properties. The Emerald Gardens subdivision is located to the west of the subject properties. Across Bailey Lake Road, there is an Aqua well site as well as the Winter Park subdivision. Further north on Bailey Lake Road, there are 25 duplexes along Rockford Drive. There are additional duplexes and a small apartment development fronting Bailey Lake Road, just north of the Bailey Lake Dog Park.
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.
The applicant is requesting to rezone an area currently zoned Single Family Residential 10 (SF-10) to Mixed Residential 5 (MR-5). The Mixed Residential 5 zoning district allows for a range of residential use such as single family detached and attached dwellings, two-to-four family dwellings, and multi-family dwellings. The applicant intends to construct a 48-unit townhome development. The MR-5 zoning district would allow for 48 single-family houses to be developed on the 5.56-acre site.
The attached site plan has been reviewed by the Technical Review Committee. At the meeting, standard development comments were provided regarding standards for parking, storm water, landscaping, etc.
Straight Zoning:
The request is for a straight zoning from Single Family Residential 10 (SF-10) to Mixed Residential 5 (MR-5).
The Mixed Residential 5 (MR-5) zoning district is established and intended to meet the diverse housing needs of City residents by accommodating a wide variety of residential housing types and arrangements at moderate to high densities, including single-family detached dwellings, two- to four-family dwellings, multi-family dwellings, and other residential development that may include single-family attached dwellings, and zero lot line developments.
The reclassification of land to a base zoning district without conditions allows all of the uses that are shown on the attached Use Table taken from the UDO. The Zoning Commission 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 Future Land Use Map & Plan, this general area is recommended to be developed as Low Density Residential (LDR) and Park/Open Space (PARKOS). The requested rezoning is in keeping with the Future Land Use Map & Plan. Low Density Residential calls for single-family developments with duplexes and townhomes interspersed. There are duplexes and apartment developments in the immediate area of the subject properties. The proposed development would add additional units to the needed housing stock.
Consistency and Reasonableness Statements:
The Future Land Use Plan also sets forth written goals, policies, and strategies. This application does follow the City’s strategic, compatible growth strategies and does meet 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. Approval of the map amendment to MR-5 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
2. 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. Denial of 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 has recommended DENIAL of the map amendment to MR-5 based on the following:
• The proposed zoning map amendment does not implement 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 Low Density Residential (LDR) and Park/Open Space (PARKOS). The proposed rezoning will also address the City of Fayetteville’s goal to increase the available housing stock in order to address the ongoing housing crisis.
• The uses permitted by the proposed change in zoning district classification and standards apply to such uses are not 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. Consistency and Reasonableness Statement
8. Site Plan
9. Updated Site Plan
10. Presentation