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
Craig Harmon, CZO - Senior Planner
DATE: November 27, 2023
RE:
Title
P23-47. Rezoning of 1.86 acres ± from Mixed Residential 5 (MR-5) to Downtown 2 Conditional (DT-2/CZ), located at 344, 348 352 Hawley Lane and unaddressed Plummers Lane (REID # 0437848219000, 0437848347000, 0437848464000, 0437849540000), and being the property of Cumberland County, Cumberland County Board of Education, Michael J Carpenter and Helen Kelly Heirs, represented by Jimmy Kizer, Moorman, Kizer & Reitzel, Inc. and Jermaine Walker, Cumberland County.
end
COUNCIL DISTRICT(S):
Council District(s)
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 has requested to conditionally zone four adjoining properties on Hawley and Plummers Lanes from Mixed Residential 5 (MR-5) to Downtown 2 Conditional Zoning (DT-2/CZ). The only proposed condition is to allow an adjustment to the maximum setback distance. The proposed tenant is a Transitional Shelter Facility owned by Cumberland County. The Unified Development Ordinance (UDO) also requires a Special Use Permit (SUP) in the DT-2 district to operate this type of use. An application for a SUP has been applied for.
On November 14, 2023, the Zoning Commission heald a legislative hearing regarding this case. There were two speakers in favor and one in opposition to this application. The Commission voted 4-0 to recommend approval.
Background:
Applicant: Jimmy Kizer, Moorman, Kizer & Reitzel, Inc
Owner: County of Cumberland, represented by Jermaine Walker
Requested Action: Conditional rezoning to DT-2/CZ
REID #: 0437848219000, 0437848347000, 0437848464000, 0437849540000
Council District: 2 - Shakeyla Ingram
Status of Property: 1 Single Family Structure at 348 Hawley Ln, remaining is vacant
Size: 1.86 acres
Adjoining Land Use & Zoning:
• North: MR-5, LC & CC - Vacant and Commercial
• South: DT-2 - Board of Education Property
• East: DT-2 & CC - Board of Education Property & Commercial
• West: MR-5 & LC - Vacant - Flood Zone
Annual Average Daily Traffic: “B” Street: 5,900 (2018)
Letters Mailed: 128
Additional Reviews: This project was reviewed by the Technical Review Committee and standard comments were provided.
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 Official/Institutional (OI). The Official/Institutional designation calls for Medium-intensity nonresidential uses. Light industrial, office, flexspaces, warehouse, large schools/institutions. Businesses or buildings grouped, sometimes in business parks. This area also includes utilities and City services.
Issues/Analysis:
History:
The subject property and immediate area have been within the city limits of Fayetteville since the 1800s. Per Cumberland County GIS records, the subject properties were almost all developed by 1968. By 2008 only one house remained.
Surrounding Area:
The surrounding properties are a mix of residential, commercial and institutional in nature with many vacant lots and flood zone as well.
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.
Conditional Zoning:
The request is to rezone the subject property to Downtown 2 (DT-2).
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 Rezoning:
The only proposed condition is to increase the maximum street front yard setback of 20 feet, to 70 feet. Due to the nature of the facility and the following factors the applicant wishes to increase this maximum setback; the desire to provide nice street yard landscaping, and to better match the existing school facility.
Land Use Plan Analysis:
According to the Future Land Use Map & Plan, it is recommended that this portion of the city should be developed as Office/Institutional (OI). The Official/Institutional designation calls for Medium-intensity nonresidential uses. Light industrial, office, flexspaces, warehouse, large schools/institutions. Businesses or buildings grouped, sometimes in business parks. This area also includes utilities and City services. The Future Land Use Plan also sets forth written goals, policies, and strategies. This application follows 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.
Summary:
According to the applicant, the Cumberland County government would like to construct a transitional housing facility to include educational services on land adjacent to an existing Cumberland County Schools Facility that is currently used by FTCC for vocational training. A new building is planned along with the associated parking, access, utilities and landscaping improvements.
The proposed facility would be used to temporarily house homeless citizens and provide them with services and assistance to help them to transition back to a stable quality of life. The facility will be used 24/7, with a larger staff being present during weekly and daily working hours to assist residents. The facility will house staff at all times to help monitor and minimize the movement of residents during non-working hours.
Budget Impact:
There is not an immediate budgetary impact.
Options:
1. The City Council Approves the amendment to the DT-2/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. The City Council approves a 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. The City Council Denies 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 the City’s Professional Planning Staff recommend that the City Council move to APPROVE the map amendment to DT-2/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 Future Land Use Plan calls for the subject property to be developed as Office/Institutional which includes government facilities.
• 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. Application
2. Aerial Notification Map
3. Zoning Map
4. Land Use Plan Map
5. Subject Property
6. Surrounding Property Photos
7. Site Plans
8. Consistency and Reasonableness Statement
9. PowerPoint Presentation