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
Demetrios Moutos - Planner I
DATE: November 27, 2023
RE:
Title
P23-29. Initial zoning of one non-contiguous parcel totaling 21.05 ± acres, requesting annexation, to Mixed Residential 5 (MR-5) located at 0 Jossie Street (0520795388000), being the property of Joseph Griffin Sr. Revocable Trust Agreement, represented by R. Jonathan Charleston of the Charleston Group.
end
COUNCIL DISTRICT(S):
Council District(s)
Prospective Council District - Kathy Jensen
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.
Executive Summary:
Initial zoning of one non-contiguous parcel totaling 21.05 ± acres, requesting annexation, to Mixed Residential 5 (MR-5) located at 0 Jossie Street (0520795388000), being the property of Joseph Griffin Sr. Revocable Trust Agreement, represented by R. Jonathan Charleston of the Charleston Group.
The Zoning Commission voted unanimously (4-0) to recommend approval of the requested initial zoning on November 14, 2023.
Background:
Applicant: Victoria Clarkson
Owner: Joseph Griffin Sr. Revocable Trust Agreement
Requested Action: Initial Zoning to Mixed Residential 5 (MR-5)
REID: 0520795388000
Prospective Council District: 1 - Kathy Jensen
Status of Property: Undeveloped
Size: 21.05 ± acres
Adjoining Land Use & Zoning:
? North: Single Family Subdivision (County Zoning R6 Residential District)
? South: Single Family Dwellings (County Zoning R6 and R6A)
? East: Single Family Dwelling, Cell Tower, and open space (County Zoning RR)
? West: Single Family Dwellings (County Zoning R6A Residential District)
Letters Mailed: 167
NCDOT_AADT (2021) McArthur Road: 16,500
Land Use Plans:
With the adoption of the 2040 Comprehensive Plan: Future Land Use Map & Plan on May 26, 2020, all parcels within the city limits as well as parcels identified as being in the Municipal Influence Area (MIA) are subject to this plan.
According to the Future Land Use Map, this parcel is designated for development as "Primarily single-family residential neighborhoods with small lots (3-6 dwellings per acre). Duplexes or townhomes may be interspersed, and low-rise apartments are also a possibility. While there is a predominant auto-oriented design, some areas may feature walkable neighborhoods and destinations." This land is classified under the Medium Density Residential (MDR) designation.
Issues/Analysis:
History:
The subject property was granted to the Joseph Griffin Sr. Revocable Trust Agreement by Maxwell and Joseph Griffin in October 2007. According to available aerial photography provided by Cumberland County via the Cumberland County GIS data viewer, the subject property has been undeveloped since at least 1968.
Surrounding Area:
To the north, there is a single-family subdivision, designated under County Zoning as R6 Residential District. On the southern side, the area primarily consists of single-family dwellings, with a mix of R6 and R6A zoning. To the east, there are single-family dwellings, a cell tower, and open space, designated as County Zoning RR. Finally, to the west, the land is zoned as R6A Residential District and comprises single-family dwellings.
Rezoning Request:
The applicant is requesting to initially zone a parcel as Mixed Residential 5 (MR-5) in conjunction with a petition to annex into the city's corporate limits. According to the applicant, the proposed amendment is in alignment with the City's 2040 Comprehensive Plan, focusing on infrastructure investment and attractive neighborhoods. It encourages growth in areas with adequate infrastructure, quality development standards, and a mix of housing types. The request for amendment arises from the intention to develop the property as a multi-family community, addressing the community's need for housing. It is compatible with the surrounding land uses and proposed for multi-family dwellings. The change ensures logical development and doesn't encourage premature development, given the established single-family communities in the vicinity. There will be no strip-style commercial development, and it integrates well with adjacent zoning districts. Furthermore, the amendment doesn't significantly impact property values or the natural environment.
Straight Zoning:
Land falling within the city's corporate limits, as well as the Municipal Area of Influence, is categorized under specific base zoning districts established by the Unified Development Ordinance (UDO). Reclassification of land to comparable zoning districts is possible, following the guidelines stated in Section 30-2.C. In line with an annexation process, this rezoning request aims to initially zone a parcel as Mixed Residential. The Mixed Residential 5 (MR-5) district is established and intended to meet the diverse housing needs of City residents by accommodating a wide variety of residential housing types and arrangements at moderate to high densities, including single-family detached dwellings, two- to four-family dwellings, multi-family dwellings, and other residential development that may include single-family attached dwellings, and zero lot line development subject to the requirements of this Ordinance. All development in the district shall comply with the design standards in Article 30-5: Development Standards. MR-5 districts may also include centrally-located open space, complementary institutional uses (e.g., religious institutions, post offices, police sub-stations), day care facilities, and limited small-scale neighborhood-serving convenience retail uses (See 30-4.D. Accessory Uses).
The initial zoning request is not conditional. Therefore, the governing board may not consider conditions or restrictions on the range of allowable uses, use standards, development intensities, development standards, and other applicable regulations. If the governing board wishes to impose conditions, then the applicant must withdraw their application and resubmit a request to conditionally zone the parcel and a date for a separate legislative hearing to hear the new request must be set.
Land Use Plan Analysis:
The suggested rezoning harmonizes with the objectives outlined in the 2040 Comprehensive Plan in several ways. Firstly, it promotes growth in areas with robust infrastructure and urban services, encompassing education, transportation, and public safety resources. The property's strategic location, near Howard Hall Elementary School and Pine Forest High School, facilitates convenient access to quality education, while its proximity to I-295 ensures efficient citywide connectivity. Furthermore, Fayetteville Fire Station 19, situated just a 5-minute drive away, offers essential fire and emergency services. Additionally, the presence of PWC utilities in the vicinity provides an opportunity for the developer to connect to PWC water and sewer services, enhancing the property's utility.
Secondly, it encourages the construction of diverse housing types suitable for individuals of varying ages and income levels. Specifically, the development plan focuses on creating multi-family dwellings, thereby expanding housing options within the community.
Lastly, the rezoning will be held to standards of development standards that enhance the quality of neighborhoods. This commitment ensures that not only a range of housing choices is available but also that these developments meet the requirements for comfortable and appealing living, ultimately contributing to the overall neighborhood's quality.
While the Land Use Plan doesn't explicitly call for multifamily development in this part of Fayetteville, it's essential to acknowledge that the current medium-density residential classification allows for the potential inclusion of low-rise apartments. Informally known as "garden apartments," these structures typically consist of 1-4 stories. The submitted plans for the proposed development reveal 3-story building elevations, although final approvals are pending.
Furthermore, Cumberland County, including Fayetteville, faces a well-documented shortage of affordable and overall housing. A recent housing stock analysis by the United States Census Bureau indicates that in 2021, there were an estimated 142,975 housing units, with only a minimal 0.4% (597 unit) change from 2020 to 2021. The estimate for 2022 is 143,715 units. With a population of 336,699 in Cumberland County as of July 1, 2022, and 208,873 within Fayetteville's city limits, the data emphasizes the growing demand for housing.
The 2021 affordable housing study revealed that while Fayetteville's population has continued to grow over the last decade, the number of constructed housing units has declined, leading to a constrained housing supply. Therefore, any housing construction, whether affordable or not, contributes to addressing this trend.
Regarding the zoning district comparison, if the property were to transition into the city under a zoning designation more directly compatible with the current county's R6 zoning, such as the city's SF-6 designation, the developer would be permitted to construct 152 multifamily units upon special use permit (SUP) approval. In contrast, under the requested MR-5 zoning, a maximum of 420 units would be allowed by right, based on a gross residential density limit of 20 dwelling units per acre. This highlights the potential for increased housing capacity with the proposed zoning change.
Consistency and Reasonableness Statements:
The Future Land Use Plan establishes 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 are no immediate budgetary impacts to rezoning this parcel but there will be an economic impact associated with the annexation of this parcel.
Options:
1. City Council moves to approve the Initial zoning to MR-5 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. City Council moves to approve the initial zoning 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. City Council moves to deny the initial zoning 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 APPROVE the proposed map amendment to initially zone a parcel to Mixed Residential 5 (MR-5) based on the following:
• The proposed zoning map amendment adheres to the policies adopted in the Future Land Use Plan and can be made to conform with the provisions found in the Unified Development Ordinance (UDO). The Future Land Use Plan call for the subject parcel to be developed as Medium Density Residential (MDR) and the proposed zoning district allows for uses that fit this category; and
• The uses permitted by the proposed change in zoning district classification and the standards that apply to such uses will be appropriate in the immediate area of the land to be reclassified due to the existing zoning and the uses surrounding this property; and
• The proposed zoning district promotes logical and orderly development that would make no substantial impact upon the public health, safety, 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. District Standards
8. Consistency and Reasonableness Statement
9. City Council PowerPoint