TO: Mayor and Members of City Council
THRU: Telly C. Whitfield, Ph.D. - Assistant City Manager
Dr. Gerald Newton, AICP - Development Services Director
Jennifer C Baptiste, CZO - Planning and Zoning Division Manager
FROM: Craig M. Harmon, CZO - Planner II
DATE: May 23, 2022
RE:
Title
P22-13. Initial zoning from Cumberland County Planned Neighborhood Development (PND) to Single Family Residential 10 (SF-10), located near Shawcroft Road at the end of the Kimsey Lane stub-out (REID # 0530484847000), containing 5.3 acres ± and being the property of Tumbleweed Holdings, LLC, represented by Bobby Branch. [Applicant now Requests SF-15 zoning. This was amended on April 5. City Council Action Memo reflects this change.]
end
COUNCIL DISTRICT(S):
Council District(s)
1 - Mayor Pro Tem Kathy Jensen
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.
• Objective 3.3 - To sustain a favorable development and business climate through timely and accurate construction review and building inspection services
Goal IV: Desirable Place to Live, Work and Recreate
• Objective 4.3 - To improve mobility and connectivity through sidewalk, trail, and bike lane investments
• Objective 4.4 - To provide a clean and beautiful community with increased green spaces
• Objective 4.5 - To ensure a place for people to live in great neighborhoods
Executive Summary:
The applicant is seeking to annex and initially zone a property totaling 5.3 acres, from Cumberland County Planned Neighborhood Development (PND) to Single-Family Residential 15 (SF-15) to match the adjoining zoning. No site plan has been submitted in conjunction with this request.
The Single-Family Residential 15 zoning district (SF-15) is established to accommodate principally single-family detached residential development at low densities subject to the design standards in Article 30-5:
On April 12, 2022, the Zoning Commission held a Legislative Hearing regarding this case. There was one speaker in favor and two in opposition. Those in opposition sited the following issues with the property in question:
1. Flooding.
2. Drainage under houses.
3. Shawcroft Road is the only access to all of Kings Grant.
4. Future capacity of Shawcroft Road.
5. The City disregarded the Kings Grant home owners request for a second entrance when the first phase of Liberty Hills Subdivision was built.
6. Emergency Services may be cut off at times.
The Commission voted 3-1 to recommend approval
Background:
This property is located to the north of Shawcroft Road in the Kings Grant community. This is adjacent to the 106-acre Liberty Hill Subdivision annexation into the City of Fayetteville in 2012. Access to this property is through the adjoining properties. This property has no direct access to Shawcroft Road.
During the Annexation and initial zoning of the adjoining Liberty Hill property in 2012, the owners requested their zoning be SF-10. However, staff recommended SF-15, which is in keeping with the existing lot sizes surrounding this area in Kings Grant.
The Zoning Commission recommended an Agricultural Residential (AR) zoning district. This recommendation was based on the AR districts minimum lot size of 20,000 square feet and that only single-family detached dwellings are allowed.
Applicant: Michael Blakley, Drafting and Design Services, Inc.
Owner: Bobby Branch, Tumbleweed Holdings, LLC
Requested Action: County’s PND to City’s SF-15
Property Address: End of the Kimsey Lane stub-out
Council District: 1 - Mayor Pro Tem Kathy Jensen
Status of Property: Undeveloped
Size: 5.3 acres ±
Adjoining Land Use & Zoning:
• North: SF-15 - Undeveloped
• South: PND - Single-family detached dwellings
• East: PND - Single-family detached dwellings & Undeveloped
• West: SF-15 - Undeveloped
Traffic Counts: Shawcroft Road - 2,957 vehicles per day in 2018 (Fayetteville Traffic Services Division estimates 3,100 currently)
Letters Mailed: 67
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).
Low Density Residential is best described as mainly single family residential with some accessory dwellings; occasionally with duplexes (if isolated) or townhomes. Lots typically 1-4 dwellings per acre. Suburban, auto-oriented character with utility services.
Issues/Analysis:
History:
This property is located to the north of Shawcroft Road adjacent to the Kings Grant community. This property is adjacent to the 106-acre Liberty Hill Subdivision which was annexed in 2012. This property is completely surrounded by the Fayetteville City Limits.
When the Liberty Hills Subdivision was annexed in 2012 the developers envisioned constructing 303 houses on the 106-acres that was annexed. Currently only phase one with 107 Single Family Detached Dwellings has been built.
Historically, one of the major issues with the original PND plan for Kings Grant has been the single access road, Shawcroft Road. This single access point serves over 1,000 residential units. This issue became critical during Hurricane Matthew when Shawcroft Road was washed out, and an emergency entrance had to be built into the neighborhood. Since that time, a house fire within the neighborhood has also trapped residences in their homes for a prolonged time.
The City has looked at many options for providing a long term solution to this problem. However, to this date no solution has been put in place. Currently there is an estimated 3,100 daily vehicle trips over the creek at the entrance to Kings Grant.
Surrounding Area:
The site is surrounded by single-family detached dwellings and the undeveloped section of Liberty Hill.
Rezoning Request:
The applicant is requesting to initially zone an area currently zoned Planned Neighborhood Development (PNC) in the County to Single-Family Residential 15 (SF-15).
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 initial zoning from PND to SF-15.
The SF-15 District is established to accommodate principally single-family detached residential development at low densities subject to the design standards in Article 30-5: Development Standards. It also accommodates two- to four-family dwellings designed to appear as single-family detached homes, and zero lot line development subject to the requirements of this Ordinance. District regulations are intended to discourage any use that substantially interferes with the development of single-family detached dwellings and that is detrimental to the quiet residential nature of the district. Also allowed are complementary uses usually found in residential zoning districts such as parks, open space, schools, and places of worship.
The proposed zoning district is compatible with the area, as this district requires lots in keeping with most of the City’s Future Land Use Plan. This rezoning would not present the issue of spot-zoning.
The property in question is just over five (5) acres. There is a drainage swell/small creek that runs through the middle of this property. There is very little development potential for this property due to this feature. While there are 66 undeveloped acres owned by the same developer adjacent to this property, that land is already in the city and can be developed without the annexation of the property in question. The owner has stated their development plans call for these five (5) acres to be used to mitigate stormwater issues on the larger 66 acres. The owner does not intend to build houses on this property.
However, the same issues persist with this property as the ones which caused the City to zone the Liberty Hill Subdivision property to SF-15 in 2012.
Issues:
1. Kings Grant and this property are only served by one egress/ingress for all of these development, which is along Shawcroft Road.
2. SF-15 fits with the existing lot sizes in the area.
3. SF-15 allows zero lot line development which provides flexibility in lot standards.
To help mitigate any adverse impacts regarding traffic and egress/ingress to the property, the owners of the property in question have agreed to provide a stub-out to a neighboring property outside of the Kings Grant development for a potential future connection.
The reclassification of land to a straight zoning district allows all of the uses that are shown on the attached Use Table taken from the UDO. 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 Future Land Use Map & Plan, this area is recommended to be developed as Low Density Residential (LDR), which is best described as mainly single family residential with some accessory dwellings; occasionally with duplexes (if isolated) or townhomes. Lots typically 1-4 dwellings per acre. Suburban, auto-oriented character with utility services. For the reasons stated in the Future Land Use Plan, staff recommends an initial zoning to a more restrictive SF-15 district.
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 approves the map amendment to SF-15 (recommended);
2. City Council approves the map amendment to a more restrictive zoning district; or
3. City Council denies the map amendment request.
Recommended Action:
The Zoning Commission and Professional Planning Staff recommend that the City Council move to Approve the initial zoning/map amendment to SF-15 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 land use plan calls for Low Density Residential and the SF-15 district meets that description; Low Density Residential is best described as mainly single family residential with some accessory dwellings; occasionally with duplexes (if isolated) or townhomes. Lots typically 1-4 dwellings per acre. Suburban, auto-oriented character with utility services. The SF-15 is also in keeping with previous City Council actions on neighboring properties.
• The uses permitted by the SF-15 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; 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