TO: Mayor and Members of City Council
THRU: Kelly Olivera - Assistant City Manager
Dr. Gerald Newton, AICP - Development Services Director
FROM: Will Deaton, AICP, CFM, CZO - Planning & Zoning Division Manager
Heather Eckhardt, CZO - Planner II
DATE: April 22, 2024
RE:
Title
P24-17. Rezoning from Single Family Residential 10 (SF-10) to Limited Commercial (LC) located at 458 Lansdowne Rd (REID 0407661937000) totaling .96 acres ± and being the property of Timothy & April Gant.
end
COUNCIL DISTRICT(S):
Council District(s)
9 - Deno Hondros
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 requesting to rezone one parcel from Single Family Residential 10 (SF-10) to Limited Commercial (LC) to allow for the redevelopment of the site which was previously home to the De La Fayette Restaurant.
This request was heard by the Zoning Commission on March 12, 2024. The commission voted 3 - 2 to recommend approval of the rezoning request.
Background:
Owner: Timothy & April Gant
Applicant: Kyle Holmes, H2 Contracting LLC
Requested Action: SF-10 to LC
REID #: 0407661937000
Council District: 9 - Deno Hondros
Status of Property: Vacant with remnants of parking lot and driveway
Size: .96 acres
Adjoining Land Use & Zoning:
• North: SF-10 - vacant land
• South: SF-10 & LC - Two single-family houses & vacant land
• East: SF-10 - Single family house & office
• West: SF-10 & LC - Vacant land & McFayden Lake
Annual Average Daily Traffic: Cliffdale Road: 31,500
Letters Mailed: 105
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. Low Density Residential is described as mainly single family residential with occasional duplexes or townhomes.
Issues/Analysis:
History:
The subject property was previously used in conjunction with the parcels to the west as the home of the De La Fayette Restaurant. The restaurant site was originally a grist mill which was then converted into the Chestnut Mill restaurant before ultimately becoming the De La Fayette Restaurant. The site of the restaurant, 6110 Cliffdale Road, was rezoned to Limited Commercial (LC) from Planned Neighborhood Development (PND) in 1991. However, the site was in use as a restaurant in at least 1978. The subject property and the parcels to the east were annexed into the city limits of Fayetteville in 1988.
Surrounding Area:
McFayden Lake is located to the north of the subject property and was once a focal point of the De La Fayette Restaurant. The Landing at Beaver Creek Apartments to the south was developed in 2022. The Water’s Edge subdivision is located to the west and the Hermitage Place subdivision is located to the east. At the entrance of Hermitage Place there is a house that has been converted into an insurance office. Both subdivisions were under development during the time at which the Chestnut Mill Restaurant was in business.
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.
Straight Zoning:
The applicant has requested to rezone a single parcel from Single Family Residential 10 (SF-10) to Limited Commercial (LC).
The Limited Commercial (LC) District is established and intended to accommodate a wider range of moderate-intensity general retail, business, and service uses that serve groups of neighborhoods instead of just an individual neighborhood.
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, it is recommended that this portion of the city should be developed as Low Density Residential. Low Density Residential is described as mainly single family residential with occasional duplexes or townhomes.
According to the 2040 Future Land Use Plan, this proposed development falls within Goal # 1: Focus value and investments around infrastructure and strategic nodes and Goal # 3: Encourage redevelopment of strip commercial areas.
Under the plan’s Land Use Polices and Strategies section, subsection Strategic and Compatible Growth, this proposed development falls under 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.
• 1.6: Require adequate infrastructure be in place prior to or in tandem with new development
LUP 3: Encourage redevelopment along underutilized commercial strip corridors and reinvestment in distressed residential neighborhoods
• 3.1: Examine and identify target redevelopment and infill areas throughout the city
LUP 4: Create well-designed and walkable commercial and mixed-use districts.
• 4.1: Ensure new development meets basic site design standards
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.
Conclusion:
The Future Land Use Plan indicates that the subject property as well as the parcels to the west be developed as Low Density Residential. However, this does not consider that the parcels to the west of the subject property are currently zoned Limited Commercial and were previously used as the site of a restaurant. The subject property will be developed in conjunction with the parcels to the west which front on Cliffdale Road which will serve as the primary access point for the proposed development. Additionally, the proposed development of the site as a medical office would be a use type which should have limited impact on the surrounding area. As a new development, the site would be required to meet any and all pertinent standards of the Unified Development Ordinance including those standards regarding buffering. Furthermore, there is a significant grade change between the majority of the subject property and the single family houses located on Lansdowne Road. Based on topography maps, the subject property is roughly 20 feet lower than the single family houses located on Lansdowne Road. The combination of the proposed use, existing topography, and the UDO development standards should mitigate many concerns regarding a commercial development adjacent to residential.
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 LC 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. 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 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 Professional Planning Staff recommend that the City Council move to APPROVE of the map amendment to LC 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 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, historic commercial use 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. Powerpoint Presentation