TO: Mayor and Members of City Council
THRU: Kelly Strickland - Assistant City Manager
Dr. Gerald Newton, AICP - Development Services Director
FROM: Craig Harmon, CZO - Senior Planner
DATE: May 27, 2025
RE:
Title
P25-24: A request to rezone 3.63 acres from CC to CC/CZ for an apartment complex at 6256 & 6270 Yadkin Rd (REID #0409311723000 & 0409219874000 ) owned by RS & JB, LLC & KEEFE ENTERPRISES INC..
end
COUNCIL DISTRICT(S):
Council District(s)
3 - Mario Benavente
b
Relationship To Strategic Plan:
Strategic Operating Plan FY 2021
Goals 2026
Goal 2: Responsible City Government Supporting a Diverse and Viable Economy
• Objective 2.4 - Sustain a favorable development climate to encourage business growth
Goal 3: City Investment in Today and Tomorrow
• Objective 3.2 - Manage the City's future growth and strategic land use
Executive Summary:
The owner of this property wishes to conditionally rezone these properties in order to demolish the current structures and redevelop the properties as a 168-unit apartment complex. The properties in question are located within a Priority Redevelopment Area as designated by the City Council. These areas allow for more flexibility when redeveloping properties within them.
On May 8, 2025 the City of Fayetteville’s Zoning Commission held a legislative hearing regarding this case. Two speakers signed up to speak in favor and none were in opposition. At the conclusion of the hearing, the Commission voted to recommend approval of this application 5-0.
Background:
Applicant: Scott Shelton, SAGA Solutions, & Timothy Hess, Timmons Group
Owner: RS & JB, LLC, & Keefe Enterprises INC
Requested Action: CC to CC/CZ
Property Addresses: 6256 & 6270 Yadkin Rd.
Council District: 3
Status of Property: Retail and Multi-family
Size: 3.63 acres +/-
Adjoining Land Use & Zoning:
• North: CC, LC & SF-10 - Commercial, Office & Single Family Residential
• South: CC - Commercial & Office
• West: LC - Commercial & Office
• East: SF-10 - Single Family Residential
Letters Mailed: 152
Traffic Counts: Yadkin Road - 18,500 (2022)
Land Use Plan: Commercial Strip Redevelopment (CSR) - This designation calls for 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
According to the Cumberland County Tax Assessor’s Office, the buildings on 6256 Yadkin Road were built in 1984 as a Motel and Retail Space. The motel is three stories tall, while the retail space is one and two stories tall. The restaurant located at 6270 Yadkin Road does not have a built date in the County’s records, however according to the archived aerial photographs, it was built prior to 1982.
Surrounding Area:
The surrounding properties are a mix of commercial, retail, office and residential uses. This development will be a high-density development centered in the aforementioned uses.
Conditional Zoning:
The request is for a conditional zoning from Community Commercial (CC) to Community Commercial Conditional (CC/CZ) zoning district.
The CC zoning district was “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 (subject to approval of a Special Use Permit (see Section 30-2.C.7)). The district is typically located along major arterials, at the intersection of arterials, and along growth corridors identified in City plans. Higher-density residential uses are encouraged on the upper floors of nonresidential establishments, and may exist as stand-alone buildings as part of a larger horizontal mixed-use development. The district is subject to standards intended to ensure development is compatible with surrounding uses as well as the design standards in Article 30-5: Development Standards.”
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.”
This rezoning would be for all uses allowed in the CC - Community Commercial district plus the following conditions:
Condition 1. No more than 168 units or 46 units per acre. This is an increase of 10 units per acre over what is allowed in the UDO. Density in a priority redevelopment area is limited to 36 units per acre (130 maximum) in the CC zone.
Condition 2. Reducing the number of required parking spaces from 1.8 per unit to 1.25 per unit. (The request is 210 spaces where 302 would be required by the UDO)
Land Use Plan Analysis:
According to Future Land Use Plan Map, this area is recommended to develop as a Commercial Strip Redevelopment (CSR) - This designation calls for 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.
After the staff’s review of all relevant evidence, the proposed use is in keeping with the Future Land Use Plan and the City Council’s designated Priority Redevelopment Areas, both of which encourage higher density residential in this area of the city. However, there is also no on-street parking in the area. This means that all parking for the apartment tenants, and their guests has to park on-site. The property is also surrounded by major multi-lane roads that are not convenient for pedestrians to cross at any time of the day.
Budget Impact:
There is not an immediate budgetary impact but there will be an economic impact associated with this conditional 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 the conditions listed above that have been submitted by the owners 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 based on the evidence submitted, the conditions submitted by the owner, any additional conditions agreed to by the owner/applicant 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 and the Professional Planning Staff recommend APPROVAL of the map amendment/rezoning to Community Commercial Conditional (CC/CZ) Zoning based on:
• The proposed amendments to the existing conditional zoning implement policies adopted in the Future Land Use Plan and the Unified Development Ordinance.
• The uses permitted by the proposed change in zoning district classification and the standards applicable to such uses will be appropriate in the immediate area of the land to be reclassified due to the proposed number of units and the required number of parking spaces associated with this type of use;
• The proposed change is in accordance with any existing or proposed plans for providing public schools, streets, water supply, sanitary sewers, and other public services and utilities to the area.
• There are no other factors, which will substantially adversely affect the public health, safety, morals, or general welfare when built in accordance with the conditions.
Attachments:
1. Application
2. Aerial Notification Map
3. Zoning Map
4. Land Use Plan Map
5. Site Photos
6. Surrounding Area Photos
7. TRC Comment Letter Yadkin Road Multi-family
8. Yadkin Road - 150-168 Prelim Site Plan
9. Consistency and Reasonableness Statements