TO: Mayor and Members of City Council
THRU: Zoning Commission
FROM: Heather Eckhardt, CZO - Planner II
DATE: February 13, 2024
RE:
Title
P24-12. Initial zoning from Rural Residential (RR) (County) and Single Family Residential 15 (SF-15) to Mixed Residential 5 (MR-5) located at 0, 1666 & 1674 Cedar Creek Rd and 0 & 1678 Fields Rd (REID 0446803573000, 0446804658000, 0446709250000, 0445892478000, and 0445894268000) totaling 28.67 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 to initially zone three parcels. A fourth parcel is partially within the city limits of Fayetteville while the remainder of the parcel is in Cumberland County. The areas that are in the County are currently zoned Rural Residential (RR) while the portion in the currently in the city limits is zoned Single Family Residential 15 (SF-15). The applicant is requesting that all parcels be zoned Mixed Residential 5 (MR-5).
Note: At the time of application, there were a total of five parcels involved in this request. During the process, two parcels were recombined resulting in only four parcels for review. Real Estate Identification Numbers 0446803573000 and 0446804658000 were combined and became 0446804556000.
Background:
Owner: Cedar Creek Road LLC
Applicant: The Charleston Group
Requested Action: Initial zoning from RR to MR-5 and rezoning from SF-15 to MR-5
REID #: 0446804556000, 0446709250000, 0445892478000, and 0445894268000
Council District: 2 - Malik Davis
Status of Properties: 1666 Cedar Creek Road: Single family house
Remaining parcels: vacant
Size: 28.67 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
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 flexspaces.
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.
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 to initially zone three parcels. A fourth parcel is partially within the city limits of Fayetteville while the remainder of the parcel is in Cumberland County. The areas that are in the County are currently zoned Rural Residential (RR) while the portion in the currently in the city limits is zoned Single Family Residential 15 (SF-15). The applicant is requesting that all parcels be zoned Mixed Residential 5 (MR-5).
Straight Zoning:
The request is for an initial zoning and rezoning from Rural Residential (RR) (County) and Single Family Residential 15 (SF-15) to Mixed Residential 5 (MR-5).
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.
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 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 flexspaces.
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:
While the Future Land Use Plan calls for this area to develop as a mix of Low Density Residential and Office/Institutional, this section of Cedar Creek Road, between L A Dunham Road and I-95, has a range of commercial districts and uses. These commercial uses are front on Cedar Creek Road with residential developments behind them. The MR-5 zoning district would allow for uses, such as two-to-four family and multi-family dwellings, that could serve as a buffer between these commercial and single family developments.
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 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. 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 MR-5 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 Future Land Use Plan calls for the subject property to be developed as Low Density Residential (LDR) and Office/Institutional (OI).
• 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