TO: Mayor and Members of City Council
THRU: Kelly Olivera - Assistant City Manager
Dr. Gerald Newton, AICP - Development Services Director
FROM: Will Deaton, MPA, AICP, CFM, CZO - Planning & Zoning Manager
Heather Eckhardt, CZO - Planner II
DATE: December 10, 2024
RE:
Title
P24-46. Rezoning from Agricultural Residential (AR) to Heavy Industrial (HI) located at 0 S Reilly Road (9497225630000) totaling 5.21 acres ± and being the property of Preston D Jackson Heirs.
end
COUNCIL DISTRICT(S):
Council District(s)
7 - Brenda McNair
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:
The applicant has requested to rezone a 5.21-acre parcel on S Reilly Road near Southgate subdivision from Agricultural Residential (AR) to Heavy Industrial (HI).
Background:
Owner: Preston D Jackson Heirs
Applicant: Jonah Blankenship
Requested Action: AR to HI
REID #: 9497225630000
Council District: 7 - Brenda McNair
Status of Property: Vacant
Size: 5.21 acres
Adjoining Land Use & Zoning:
• North: AR - Vacant
• South: AR - Single family houses
• East: HI - S & W Ready Mixed Concrete Company
• West: AR - I-295 and vacant land
Annual Average Daily Traffic: S Reilly Road: 3,600
Letters Mailed: 26
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 Industrial/Employment Center. Industrial/Employment Center calls for high intensity nonresidential uses with high impact or likelihood for nuisance. This includes regional employment centers including larger industrial uses or business parks.
Issues/Analysis:
History:
The subject property was originally part of a larger tract of land owned by the family of Zebulon Dee Jackson. Over time, the land was subdivided, and a portion of it was passed down through the family, eventually coming into the possession of Preston D. Jackson. After Mr. Jackson's passing in 2004, the property was inherited by his heirs. For many years, the subject property, along with the larger parcel, was used as farmland, though farming ceased on the property in the early 2000s. In 2005, the subject property and the surrounding area were annexed into the City of Fayetteville as part of the Phase 5 annexation project. More recently, I-295 was built through the rear of the property, splitting it into a parcel with frontage on two major roads: S Reilly Road and I-295.
Surrounding Area:
The surrounding area has a variety of residential and industrial uses. The area to the immediate north is vacant land that was likely farmland much like the subject property. Roughly a quarter mile to the north, on the eastern side of S. Reilly Road, is the Reilly Road Industrial Park. The Southgate subdivision is located to the southeast of the subject property. Both the Southgate subdivision and the Reilly Road Industrial Park were developed in the early 1970s. Finally, to the immediate south, there are a few homes interspersed among land that was likely agricultural in the past but appears to have been recently farmed for timber.
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 request is for a rezoning from Agricultural Residential (AR) to Heavy Industrial (HI).
The Heavy Industrial (HI) District is established and intended to accommodate heavy manufacturing, assembly, fabrication, processing, distribution, storage, research and development, and other industrial uses that may be large-scale or otherwise have extensive exterior movement of vehicle, materials, and goods, and greater potential for adverse environmental and visual impacts.
The reclassification of land to a base zoning district without conditions allows all of the uses that are shown on the 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, this general area is recommended to be developed as Industrial/Employment Center. Industrial/Employment Center calls for high intensity nonresidential uses with high impact or likelihood for nuisance. This includes regional employment centers including larger industrial uses or business parks.
According to the 2040 Future Land Use Plan, this proposed development falls within Goal #1: Focus value and investment around infrastructure and strategic nodes, and Goal #2: Promote compatible economic and commercial development in key identified areas.
Under the plan’s Land Use Policies and Strategic section, subsection Strategic Compatible Growth, this proposed rezoning 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.
• 1.2: Encourage more intense uses, greater mix of uses and denser residential types in key focal areas
• 1.6: Require adequate infrastructure to be in place prior to or in tandem with new development
LUP 2: Encourage strategic economic development
• 2.1: Encourage economic development in designated areas.
• 2.2: Identify opportunity sites for manufacturing and technology industry based on transportation access, nearby land uses, environmental constraints, and other considerations.
LUP 3: Encourage redevelopment along underutilized commercial strip corridors and reinvestment in distressed residential neighborhoods.
• 3.1: Examine and identify targeted redevelopment and infill areas throughout the city.
LUP 4: Create well-designed and walkable commercial and mixed-use districts
• 4:1: Ensure new development meet basic site design standards
Consistency and Reasonableness Statements:
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.
Conclusion:
The construction of I-295 changed the size and shape of the subject property as well as the composition of the surrounding area. The subject property and the adjacent parcels are now of a size that would likely be less profitable for agriculture type uses. The Future Land Use Plan indicates that the subject property and surrounding properties to the north should be developed as an Industrial/Employment Center. This plan aligns with the variety of industrial uses in the area - inside and outside the Reilly Road Industrial Park.
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. Recommends approval of the map amendment to HI 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. Recommends 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. 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 Professional Planning Staff recommends that the Zoning Commission move to recommend APPROVAL of the map amendment to HI based on the following:
• The proposed zoning map amendment does implement 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 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