TO: Mayor and Members of City Council
THRU: Zoning Commission
FROM: Will Deaton, AICP - Planning & Zoning Division Manager
Demetrios Moutos - Planner I
DATE: November 12, 2024
RE:
Title
P24-44. Rezoning request from Neighborhood Commercial (NC) to Limited Commercial (LC), located at 822 Hope Mills Rd. (REID #: 0416175053000), owned by Robert Wayne Johnson and Pamela F. Johnson.
end
COUNCIL DISTRICT(S):
Council District(s)
5 - Lynne Greene
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 has requested to rezone 822 Hope Mills Road from Neighborhood Commercial (NC) to Limited Commercial (LC). The property is the site of Wayne’s Wheels.
Background:
Owners: Robert Wayne Johnson and Pamela F. Johnson
Applicant: Wayne Johnson
Requested Action: NC to LC
REID #: 0416175053000
Council District: 5 - Lynne Greene
Status of Property: Wayne’s Wheels - Used Car Dealer
Size: ± 0.82 acres
Adjoining Land Use & Zoning:
• North: NC - Angel’s Home Heath / Optimistic Beauty Salon & Suites
• South: OI & NC (Across Ponderosa Dr.) - ARC Consulting Group (Computer Consultant)
• East: NC & SF-10 (Across Hope Mills Road - CJ Billiards & Dart Supplies / JW Coon Elementary School
• West: SF-10 - Single Family Houses
Annual Average Daily Traffic: Hope Mills Road: 28,000
Letters Mailed: 183
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 and properties identified as being in the Municipal Influence Area (MIA) are subject to this plan. According to the Plan, this portion of the City is characterized as Commercial Strip Redevelopment, a concept that refers to a commercial mixed-use area that encourages higher-density residential redevelopment as part of the land use mix to spur private investment. Target areas are clusters of underutilized commercial strip properties.
Issues/Analysis:
History:
The subject property is located at the corner of Ponderosa Drive and Hope Mills Road and was annexed into the city in 1999. According to Cumberland County tax records, the structure is a pre-engineered steel frame building constructed in 2010. Prior to this, two structures were on the site, and the property has been used as a car lot since between 1982 and 1995, as indicated by GIS aerial imagery. The current recorded plat for the property (Book 0125, Page 0048) was filed in September 2009.
A General Warranty Deed (Book 9700, Page 0767) was recorded in Cumberland County on August 6, 2015. This deed was filed by Attorney Charles H. Gardner and processed by the Gardner Law Firm, PLLC. The deed signifies a property transfer from Robert Wayne Johnson (also known as Robert W. Johnson) and his wife, Pamela F. Johnson, who are listed as both Grantors and Grantees. This transfer appears to be a self-conveyance, likely for restructuring purposes rather than a sale to another party.
Surrounding Area:
The adjoining land use and zoning around the property vary in designation. To the north is a mix of Neighborhood Commercial (NC) uses, including Angel’s Home Health and Optimistic Beauty Salon & Suites. To the south, across Ponderosa Drive, the area is categorized as Office and Institutional (OI) and Neighborhood Commercial (NC), housing the ARC Consulting Group, a computer consulting firm. To the east, beyond Hope Mills Road, the zoning includes NC and Single Family Residential 10 (SF-10), where you’ll find CJ Billiards and Dart Supplies and JW Coon Elementary School. Finally, to the west, the surroundings are primarily designated as SF-10, characterized by single-family houses.
Rezoning Request:
The Unified Development Ordinance (UDO) generally classifies land within the city as being within one of many base zoning districts. However, per Section 30-2.C, land may be reclassified to one of several comparable zoning districts.
Straight Zoning:
This request seeks to rezone the property from Neighborhood Commercial (NC) to Limited Commercial (LC).
The Limited Commercial (LC) District is designed to accommodate a variety of moderate-intensity retail, business, and service uses that serve multiple neighborhoods rather than just one. Such uses include grocery stores, pharmacies, large restaurants, gas stations, and higher-end retail options like specialty shops. This district is not intended for intensive commercial activities or other heavy uses. Residential units are encouraged on the upper floors of non-residential buildings. Additionally, the district must adhere to specific standards to ensure that development is compatible with the surrounding residential neighborhoods.
Reclassifying land to a base zoning district without any conditions permits all the uses listed in the Use Table from the UDO. The Zoning Commission cannot impose conditions or restrictions on the allowable uses, usage standards, development intensities, or other relevant regulations.
Land Use Plan Analysis:
According to the Future Land Use Map & Plan, this general area is designated Commercial Strip Redevelopment. This designation promotes commercial and higher-density residential uses, aiming to redevelop underutilized commercial strips to spur private investment and community vibrancy.
According to the 2040 Future Land Use Plan, this proposed rezoning aligns with:
• Goal #1: Focus value and investment around infrastructure and strategic nodes.
• Goal #2: Promote compatible economic and commercial development in critical areas.
• Goal #3: Encourage redevelopment of strip commercial areas.
• Goal #4: Foster safe, stable, and attractive neighborhoods.
Under the plan’s Land Use Policies and Strategies section, under Strategic Compatible Growth, this proposed rezoning supports 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.
• 1.2: Encourage more intense uses, a greater mix of uses, and denser residential types in key focal areas, particularly along established commercial corridors like Hope Mills Road.
• 1.6: Adequate infrastructure must be in place before or in tandem with new development. The area is already well-served by roads and utilities, making it suitable for a zoning designation encouraging more intensive commercial uses.
LUP 2: Encourage strategic economic development.
• 2.1: Focus economic development in designated areas, which include Commercial Strip Redevelopment corridors. The rezoning supports a broader range of commercial uses that could help attract diverse businesses and increase local employment opportunities.
• 2.5: Partner to determine specific uses that could be supported through adaptive reuse and redevelopment opportunities. This site’s existing structure and visibility make it well-suited for commercial redevelopment, aligning with the area’s strategic economic goals.
LUP 3: Encourage redevelopment along underutilized commercial strip corridors and reinvestment in distressed residential neighborhoods.
• 3.1: Identify targeted redevelopment and infill areas throughout the city. The rezoning from Neighborhood Commercial (NC) to Limited Commercial (LC) encourages redevelopment by permitting a wider array of commercial activities, which could attract investment and improve the area’s commercial viability.
• 3.2: Address potential barriers to redevelopment. Rezoning to LC removes restrictions that may have limited business opportunities under NC zoning, facilitating more robust commercial activity.
LUP 4: Create well-designed and walkable commercial and mixed-use districts.
• 4.1: Ensure new development meets basic site design standards, including connected streets, sidewalks, high-quality building materials, and landscaping. Rezoning to LC supports standards that enhance walkability and visual appeal, creating a more attractive environment for residents and visitors.
• 4.2: Encourage context-sensitive site design that enhances walkability. LC zoning promotes site designs that facilitate pedestrian connections, aligning to create a more accessible and inviting commercial area.
LUP 6: Encourage development standards that result in quality neighborhoods.
• 6.1: Encourage quality neighborhood design by maintaining and improving standards for streets, sidewalks, stormwater, and open space. The LC zoning district supports higher design standards, which can benefit the surrounding residential areas by improving neighborhood quality.
LUP 7: Encourage a mix of housing types for all ages and incomes.
• 7.1: Allow a mix of housing, including attached and multi-family homes, to create diverse neighborhoods, especially within or near commercial centers. LC zoning allows for residential units above commercial spaces, promoting a diverse and vibrant mix of uses that enhances housing options and supports local businesses.
LUP 9: Plan for a connected system of open space and greenways.
• 9.1: Improve access to parks and greenways. Although this rezoning is focused on commercial development, improved walkability, and potential pedestrian pathways can contribute to a more connected and accessible community, indirectly supporting access to recreational areas.
LUP 10: Support land use, site design, and capital improvement initiatives that increase resiliency and reduce impacts from flooding and natural disasters.
• 10.1: Encourage on-site stormwater control measures to mitigate the impacts of development. The LC zoning district typically requires stormwater management and other site design standards that reduce environmental impacts, which is beneficial for an area that may experience increased commercial activity.
Consistency and Reasonableness Statements:
The Future Land Use Plan sets goals, policies, and strategies that encourage strategic growth. This application aligns with the city’s vision for compatible growth in underutilized commercial corridors. The LC zoning designation provides opportunities for moderate-intensity businesses and mixed-use developments, supporting commercial and residential growth.
Conclusion:
The request to rezone the property at 822 Hope Mills Road from NC to LC is consistent with Fayetteville’s 2040 Future Land Use Plan, which emphasizes revitalizing commercial strips. The Limited Commercial zoning designation accommodates a broader range of commercial uses-such as higher-end retail, restaurants, and services-that would align well with surrounding properties and meet community needs. The LC zoning also allows potential for mixed-use developments, including upper-story residential units, further supporting the area’s designation for strategic redevelopment.
This rezoning will complement the existing neighborhood by bringing increased commercial variety and enhanced opportunities for local services while remaining compatible with nearby residential and commercial uses. The LC designation thus promotes a vibrant, economically diverse community, encourages private investment in an underutilized commercial area, and aligns with Fayetteville’s broader goals of improving quality neighborhoods, enhancing connectivity, and supporting sustainable growth.
Budget Impact:
While there is no immediate budgetary impact, the rezoning will have future economic consequences due to increased tax revenue.
Options:
1. Approval of the map amendment to LC as presented is recommended based on the evidence submitted. The rezoning is consistent with the Future Land Use Plan, as demonstrated by the attached consistency and reasonableness statement.
2. Recommends the approval of the map amendment to a more restrictive zoning district based on the submitted evidence and finds that the map amendment is consistent with the Future Land Use Plan and an amended consistency statement.
3. Denies the map amendment request due to the evidence provided and determines that the map amendment conflicts with the Future Land Use Plan.
Recommended Action:
The Professional Planning Staff recommends that the Zoning Commission approve the proposed amendment to the zoning map, changing the designation to LC. This recommendation is based on the following reasons:
• The proposed zoning map amendment not only aligns with the policies outlined in the Future Land Use Plan (FLUP) but also with those established in the Unified Development Ordinance (UDO), providing a clear path for future development.
• The uses allowed by the proposed change in zoning district classification are appropriate for the immediate area, considering the existing zoning and surrounding land uses.
• No significant factors would adversely 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