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 and Zoning Division Manager
Demetrios Moutos - Planner I
DATE: August 12, 2024
RE:
Title
P24-28. Rezoning of two properties from Office and Institutional (OI) to Limited Commercial (LC) located at 6966 and 6962 Nexus Court (REID #’s: 9496579924000 and 9496579996000) totaling 0.79 acres ± and being the properties of MCNL Enterprises LLC represented by Tejwant Chandi
end
COUNCIL DISTRICT(S):
Council District(s)
6 - Derrick Thompson
b
Relationship To Strategic Plan:
Strategic Operating Plan FY 2022
Goals 2027
• Goal II: Responsive City Government Supporting a Diverse and Viable Economy
o Objective 2.1: To ensure a diverse City tax base.
o Objective 2.4: To sustain a favorable development climate to encourage business growth.
• Goal III: City Invested in Today and Tomorrow
o Objective 3.2: To manage the City’s future growth and strategic land use.
Executive Summary:
MCNL Enterprises LLC proposed rezoning the vacant land at 6966 and 6962 Nexus Court to facilitate the development of an office building that aligns with community needs and existing land use patterns, promoting orderly and sustainable growth for Fayetteville. This proposal was initially presented to the Zoning Commission on June 11, 2024. However, due to the applicant's absence, the decision was postponed until July 9, 2024. On that date, the Zoning Commission unanimously voted to recommend approval of the rezoning request.
Background:
• Owner: MCNL Enterprises LLC
• Applicant: Tejwant Chandi
• Requested Action: Rezoning from Office and Institutional (OI) to Limited Commercial (LC)
• REID #s: 9496579924000 and 9496579996000
• Council District: 6 - Derrick Thompson
• Status of Properties: Vacant
• Size: 0.79 acres ±
• Adjoining Land Use and Zoning:
• North: SF-10 and LC - Trinity United Methodist Church and Round-A-Bout Skating Center
• South: OI - First Impressions Academy and Fresenius Kidney Care West Fayetteville
• East: OI - School Building used by First Impressions Academy
• West: OI - Eye Medics Adult and Pediatric Eye Care
Annual Average Daily Traffic 2022
• Raeford Road: 30,500 (No NCDOT data on Nexus Court)
Postcards Mailed: 108
Land Use Maps and Plans:
The 2040 Comprehensive Plan, adopted on May 26, 2020, designates this area for Office/Institutional development. This designation includes light industrial sites, office spaces, flexible work spaces, and large institutions.
Issues/Analysis:
History: Located within Seventy-First Township, the subject properties comprise two lots (4 and 5) totaling 0.79 acres in the Rayconda Plaza Office Park subdivision. Formerly owned by Phillip R. and Katrin D, Taylor, the properties were acquired by MCNL Enterprises LLC on July 29, 2021, with $400 excise tax paid. Deed preparation was handled by Rebecca F. Person, PLLC, and electronically filed by Thorp and Clarke, P.A. Aerial imagery indicates that a road once connected properties to Raeford Road between 1968 and 1995. While the surrounding area underwent significant development from 1995 to 2001 and continues to expand, the subject lots have remained vacant.
Surrounding Area: The subject properties abut Raeford Road, though adjacent businesses primarily access the site via Nexus Court. Recent improvements to Raeford Road’s westbound lanes are complete, with eastbound upgrades anticipated based on NCDOT’s 2024-2033 STIP Map. The area is a mix of low-density residential, institutional, and office buildings, interspersed with limited strip commercial development. Neighboring properties are zoned SF-10 and LC to the north (Trinity United Methodist Church and Round-A-Bout Skating Center), OI to the south (First Impressions Academy and Fresenius Kidney Care West Fayetteville), and OI to both the east (First Impressions Academy school building) and west (Eye Medics Adult and Pediatric Eye Care).
Rezoning Request: MCNL Enterprises LLC is seeking to rezone two parcels from Office and Institutional (OI) to Limited Commercial (LC). The LC zoning district allows for a wider variety of moderate-intensity retail, business, and service establishments catering to multiple neighborhoods. Permitted uses include grocery stores, drugstores, large restaurants, gas stations, and specialty shops. High-impact commercial activities are prohibited. To promote mixed-use development, residential units are encouraged on upper floors. Furthermore, the LC district includes design standards to maintain compatibility with neighboring residential areas.
Straight Rezoning: The proposed rezoning is a direct change from Office and Institutional (OI) to Limited Commercial (LC). As a base zoning district, LC permits all uses outlined in the Unified Development Ordinance (UDO) Use Table without any attached conditions. The City Council lacks authority to impose restrictions on permitted uses, use standards, development intensity, or other development criteria within a base zoning district under this application.
Land Use Plan Analysis
Strategic Plan Alignment:
• Goal II: Responsive City Government Supporting a Diverse and Viable Economy
• Objective 2.1: Rezoning to Limited Commercial (LC) diversifies the tax base by providing an opportunity for the introduction of more retail and service uses.
• Objective 2.4: Supports a favorable development climate, encouraging business growth through moderate-intensity commercial activities.
• Goal III: City Invested in Today and Tomorrow
• Objective 3.2: Manages future growth with strategic land use, ensuring orderly and sustainable development.
Context and Compatibility: The currently vacant properties, zoned Office and Institutional (OI), are proposed for rezoning to Limited Commercial (LC). This reclassification aligns with the surrounding mix of residential, institutional, and office uses. By permitting a wider range of commercial establishments, including grocery stores, drugstores, and restaurants, the LC zoning can better serve the needs of multiple neighborhoods. This increased commercial activity could potentially stimulate the local economy, provide essential services, and attract additional residents and visitors to the area. The possibility of mixed-use development, with residential units above commercial spaces, could contribute to a vibrant, walkable community and potentially reduce reliance on personal vehicles. This rezoning supports the city’s objectives of economic growth and sustaining land use planning.
Traffic and Accessibility: Raeford Road improvements have the potential to enhance the area’s commercial appeal by improving accessibility. Recent upgrades to the westbound lanes, with planned enhancements to eastbound lanes, are expected to improve traffic flow and access. While business currently access the site via Nexus Court, proximity to Raeford Road can offer increased visibility and connectivity. The road’s high traffic volume could potential attract more customers, making the area a more desirable location for retailers and service providers. Improved road infrastructure may also facilitate easier transportation for customers and suppliers, further enhancing the area’s commercial potential.
Comprehensive Plan and Development Patterns: The 2040 Comprehensive Plan designates this area for Office/Institutional use, accommodating offices, light industrial facilities, flexibles spaces, and large institutions. A rezoning to Limited Commercial (LC) aligns with this plan by permitting compatible, moderate-intensity commercial uses. Potential business such as grocery stores, drugstores, restaurants, and retail shops would complement existing development and provide essential services to area workers and visitors. This integrated mixed-use approach fosters a self-contained community, reducing reliance on off-site amenities. Allowing residential units above commercial spaces would create a live-work-play environment, enhancing the area’s appeal and utility. By combining commercial, office, and residential uses, this rezoning supports the Comprehensive Plan’s vision for logical and orderly growth while addressing evolving community needs.
Environmental and Community Impact: The proposed rezoning to Limited Commercial (LC) is anticipated to have minimal negative impact on property values or the environment. LC zoning includes specific standards to ensure compatibility with surrounding residential areas, such as building height restrictions, setbacks, and landscaping requirements. Buffer zones and green spaces may be mandated to mitigate noise and visual impacts. Traffic management and parking regulations are also included to minimize disruptions to nearby residents. To protect natural resources, the Unified Development Ordinance (UDO) incorporates environmental safeguards like stormwater management and the use of permeable surfaces. By adhering to these regulations, the LC rezoning can promote balanced growth, enhance the area’s appeal, and support the community while preserving its character.
Conclusion
The proposed rezoning from Office and Institutional (OI) to Limited Commercial (LC) is a strategic initiative that aligns with Fayetteville’s long-term vision. By diversifying the tax base, stimulating economic growth, and fostering a vibrant, mixed-use community, this rezoning has the potential to positively contribute to the city’s overall prosperity. The LC zoning district has the potential to attract a variety of businesses, create jobs, and enhance the quality of life for residents and workers alike. The careful consideration of compatibility with surrounding neighborhoods and adherence to development standards ensures that this new commercial area will be a valuable asset to the community.
Future Land Use Plan
The proposed rezoning is consistent with the objectives and strategies outlined in the 2040 Future Land Use Plan.
• Focus on Infrastructure and Strategic Nodes: The proposal aligns with the plan’s emphasis on developing areas with adequate infrastructure. It also contributes to creating a strategic economic node by introducing a diverse range of commercial uses.
• Promote Compatible Economic Development: This rezoning supports the plan’s goal of fostering economic development in designated areas by creating a mixed-use district.
• Create Attractive Neighborhoods: The proposal aligns with the plan’s vision for well-designed, walkable commercial districts by incorporating elements such as pedestrian-friendly design, green spaces, and stormwater management.
Specifically, the proposal adheres to the following land use policies and strategies:
• LU-1, 1.6: Ensures new development is supported by necessary infrastructure.
• LU-2, 2.1: Promotes economic development in a designated area.
• LU-4, 4.1, 4.2: Creates a walkable commercial district with high-quality design standards.
• LU-5, 5.1: Enhances the area’s appearance through landscaping.
• LU-6, 6.1: Contributes to quality neighborhood design.
• LU-8, 8.2: Incorporates site design to protect natural features.
• LU-10, 10.1: Implements stormwater management measures to reduce environmental impact.
By aligning with these plan elements, the proposed rezoning will contribute to a more vibrant, sustainable, and resilient community.
Budget Impact:
The proposal will have no immediate budgetary impact. However, ongoing redevelopment is anticipated to generate increased tax revenue.
Options:
1. City Council moves to approve the map amendment to Limited Commercial (LC) as presented, finding it consistent with the Future Land Use Plan as demonstrated in the attached consistency and reasonableness statement.
2. City Council moves to approve the map amendment to a more restrictive zoning district, finding this modification consistent with the Future Land Use Plan as demonstrated in the amended consistency statement.
3. City Council moves to deny the map amendment request, finding it inconsistent with the Future Land Use Plan.
Recommended Action:
The Zoning Commission and Professional Planning Staff recommend that the City Council approve the map amendment to LC. This recommendation is based on the following findings:
• The proposed zoning change aligns with the Future Land Use Plan (FLUP) and the Unified Development Ordinance (UDO).
• Permitted uses and development standards for the LC district are appropriate for the site given surrounding zoning and land uses.
• There are no anticipated negative impacts to 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 Properties
6. Surrounding Properties
7. Consistency and Reasonableness Statement
8. P24-28 CC Presentation