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 Manger
Craig Harmon, CZO - Senior Planner
DATE: June 24, 2024
RE:
Title
P24-22. Initial map amendment from Rural Residential (RR) (County) to Mixed Residential 5 Conditional (MR-5/CZ) located at 1666 & 1674 Cedar Creek Rd and 1678 & unaddressed parcel Fields Rd (REID #s 0446709250000, 0446804556000, 0445894268000, 0445892478000) totaling 27.72 acres ± and being the property of Cedar Creek Road, LLC.
end
COUNCIL DISTRICT(S):
Council District(s)
2 - Malik Davis
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:
As part of the annexation process, the applicant is requesting an initial map amendment (rezoning) of four parcels, one of which is already partly within the city limits of Fayetteville, while the remainder of the parcel is in Cumberland County’s jurisdiction. Only the areas currently in the County’s jurisdiction are part of this map amendment request. The County has these properties zoned Rural Residential (RR). The applicant is requesting that all parcels in the County be rezoned Mixed Residential 5 Conditional (MR-5/CZ).
The applicant has conditioned a reduction of the maximum number of units to 300, which is less than half the number that is allowed in a straight MR-5 rezoning. Under a straight rezoning to MR-5, 665 units could be built.
On May 14, 2024, the Zoning Commission held a Legislative Hearing regarding this application. There were two people signed up to speak in favor, however only one spoke. There were nine people signed up who spoke in opposition. Due to the large number of speakers, the Commission voted to extend the time allowed to speak to accommodate everyone. Traffic, flooding and environmental issues were the top concerns for those in opposition. The Commission voted 4-1 to recommend approval of this application.
On May 21, 2024 an appeal (attached) was filed regarding this application.
Note: A previous application for a straight rezoning/map amendment to MR-5 on these same properties was withdrawn by the owner prior to the Council’s March 25, 2024 meeting. This allowed the owner to reapply as a conditional map amendment request.
Background:
Owner: Cedar Creek Road LLC
Applicant: The Charleston Group
Requested Action: Map Amendment from a County zoning of RR to MR-5/CZ
REID #: 0446709250000, 0446804556000, 0445894268000, 0445892478000
Council District: 2 - Malik Davis
Status of Properties: The portion 1666 Cedar Creek Road that is already in the City has a Single family house. The remaining acreage is vacant.
Size: 27.72 acres
Adjoining Land Use & Zoning:
• North: A1 (County) & LC - single family houses and vacant land
• South: RR, C (P) (County) & LC - vacant
• East: CC - self-storage, car wash, automotive sales, and vacant land
• West: RR (County) - single family houses
Annual Average Daily Traffic: Cedar Creek Road: 9,600
Letters Mailed: 87
Technical Review Committee (TRC):
Comments from the TRC are included as an attachment. There were no major concerns or issues brought forward by the committee.
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 and Office/Institutional. Low Density Residential is described as mainly single family residential with occasional duplexes or townhomes. Office/Institutional is intended for medium intensity nonresidential uses such as offices and flex spaces.
Issues/Analysis:
History:
A portion of the parcel at the corner of Cedar Creek Road and Water Oaks Drive was annexed into the City of Fayetteville in 1988. The surrounding area along Cedar Creek Road was annexed in 1988 also. The single family house at 1666 Cedar Creek Road was built prior to 1968. There was also a single family house located at 1678 Fields Road which was demolished in the late 1990s or early 2000s. The remaining parcels have remained vacant during this time.
Surrounding Area:
Single family residential houses and vacant land are located to the north of the subject properties. The area to the south of the vacant land is vacant and undeveloped. Several single family houses on large parcels are located to the west of the subject property. A self-storage facility, car wash, and automotive sales office are located to the east of the subject property.
Adjacent to the proposed rezoning, at the corner of Cedar Creek and Fields Road is the site of a proposed Fire Station for the City of Fayetteville. The location aims to enhance the city’s emergency capabilities in the Cedar Creek area.
The Fayetteville Public Services Department is currently developing a Locks Creek Drainage Improvements Project. This project was identified through the Cape Fear 2 watershed study which documented flooding concerns. According to Public Services Engineering Division, this project affects the neighborhoods of Locks Creek, Cedar Falls at Three Lakes, Three Lakes and Cedar Falls Townhomes. The Locks Creek Drainage Improvements project aims to tackle drainage issues in the Locks Creek watershed. It involves building a new stormwater pump station and installing larger pipes to enhance drainage and minimize flooding risks. Additional information is available at the following web address: <https://www.fayettevillenc.gov/city-services/public-services/engineering/resources/projects/locks-creek-drainage-improvements>
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.
The applicant is requesting a map amendment to initially zone three parcels. Along with a portion of a fourth parcel. The areas that are in the County are currently zoned Rural Residential (RR). The applicant is requesting that all parcels be zoned Mixed Residential 5 Conditional (MR-5/CZ).
Conditional Zoning:
The request is to condition the subject properties by limiting the overall density to 300 units in a MR-5/CZ district. In a straight rezoning, the MR-5 district would allow up to 665 units on these properties.
The purpose of 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.”
Specifics of this Conditional Zoning:
The applicant would like to condition the allowed density on these properties. The applicant is proposing one condition that will address density - limiting the site to a maximum of 300 dwelling units with no limitation on permitted uses.
City Plans, Future Land Use Map and City Policies Analysis:
• The site is located along a Major Thoroughfare - Cedar Creek Rd (Highways 53 & 210) containing five lanes of traffic.
• The proposed development is adjacent to and across Cedar Creek Rd from existing commercial zoning and uses.
• Adjacent to the site of a proposed Fire Station for the City of Fayetteville.
• Located less than one mile from Interstate 95.
• Located a quarter mile from proposed Highway Commercial development, according to the City’s Land Use Plan.
• According to a residential suitability map put together as part of the City’s Future Land Use Plan, the area in question has a medium to medium high rating for residential development.
• According to the Future Land Use Map & Plan, it is recommended that this portion of the city should be developed as Low Density Residential and Office/Institutional. Low Density Residential is described as mainly single family residential with occasional duplexes or townhomes. Office/Institutional is intended for medium intensity nonresidential uses such as offices and flex spaces. Multi-Family residential, Mixed-Use and Single-Family attached units are allowed by right in the Office and Institutional (OI) zoning district.
• Under the plan’s Land Use Policies and Strategies section, subsection Strategic, Compatible Growth, this proposed development falls under the following sections:
LU -1: ENCOURAGE GROWTH IN AREAS WELL-SERVED BY INFRASTRUCTURE AND URBAN SERVICES, INCLUDING ROADS, UTILITIES, PARKS, SCHOOLS, POLICE, FIRE AND EMERGENCY SERVICES.
1.1: Work with the Public Works Commission (PWC) and other utility provider to ensure that public facilities and services are planned in a coordinated manner
1.6: Require adequate infrastructure to be in place prior to or in tandem with new development
Ø This includes road infrastructure such as roads, turn lanes and sidewalks as well as public services such as parks, schools, water/sewer, police, fire and emergency services
• Under the SAFE, STABLE AND ATTRACTIVE NEIGHBORHOODS section the following sections apply:
LU -6: ENCOURAGE DEVELOPMENT STANDARDS THAT RESULT IN QUALITY NEIGHBORHOODS
LU -7: ENCOURAGE A MIX OF HOUSING TYPES FOR ALL AGES AND INCOMES
7.1: Allow a mix of housing, including attached and multi-family homes, to create diverse neighborhoods, especially within and near Downtown and designated Regional, Community and Neighborhood Centers
• According to the City’s recent Strategic Plans, Revitalization and Affordable Housing have been among the specified Targets for Action.
• A well-documented housing shortage. According to a study conducted by the Triangle J Council of Governments, it was estimated 20,000 new residential units were needed to meet Fayetteville’s housing needs in 2021).
• According to North Carolina General Statutes, Comprehensive and Land Use Plans adopted under this Chapter (160D) shall be advisory in nature without independent regulatory effect.
• According to State law, if a local government wants to enforce zoning the must have and maintain a comprehensive plan or land-use plan. This plan must be reasonably maintained.
• According to Coates’ Canons North Carolina Local Government Law a comprehensive plan or land-use plan should be revised approximately every five years or on an ongoing bases in growing communities. (Fayetteville’s Future Land Use Plan was adopted May of 2020).
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:
Based on the issues listed above in the analysis section, a development of no more than 300 residential units appears to fit with the growing needs of this area and the City as a whole. This along with the sites location on an underutilized major thoroughfare (according to NCDOT traffic counts) makes it ideal for multi-family development. The area’s suitability rating for residential development also points to this area being appropriate for residential densities of more than those allowed in a low density zoning district. If approved, this action should also update the Land Use Map as appropriate.
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 moves to approve the map amendment to MR-5/CZ as presented based on the evidence submitted and finds that the map amendment/rezoning is consistent with the future plan of the City as demonstrated by the attached consistency and reasonableness statement with an update to the Land Use Plan to reflect this map amendment. (recommended)
2. City Council moves to approve the map amendment to MR-5/CZ with additional conditions approved by the owner based on the evidence submitted and finds that the map amendment would be consistent with the future plans of the City and an amended consistency statement with an update to the Land Use Plan to reflect this rezoning.
3. City Council moves to Deny 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 the map amendment to MR-5/CZ based on the following:
• The proposed zoning map amendment implements the policies adopted in the future City plans including the Future Land Use Plan and Strategic Plan, and those policies found in the Unified Development Ordinance (UDO) with an update to the Future Land Use Map to reflect changing conditions in this area of the City.
• 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. Application
2. Aerial Notification Map
3. Zoning Map
4. Land Use Plan Map
5. Subject Property
6. Surrounding Property Photos
7. Cedar Creek Revised TRC Site Plan
8. Consistency and Reasonableness Statement
9. TRC Comments
10. PowerPoint
11. Appeal