TO: Mayor and Members of City Council
THRU: Michael Gibson - Interim Assistant City Manager
Dr. Gerald Newton, AICP - Development Services Director
Jennifer C. Baptiste, CZO - Planning and Zoning Manager
FROM: Heather Eckhardt, CZO - Planner II
DATE: October 24, 2022
RE:
Title
P22-37. Rezoning from Single-Family Residential 6 (SF-6) and Light Industrial (LI) to Community Commercial (CC) of .82 acres ±, located at 2604 Southern Avenue (REID #0426709965000), and being the property of Rapha Ministries Family Center Inc.
end
COUNCIL DISTRICT(S):
Council District(s)
2 - Shakeyla Ingram
b
Relationship To Strategic Plan:
Strategic Operating Plan FY 2022
Goals 2026
Goal II: Responsive City Government Supporting a Diverse and Viable Economy
• Objective 2.1 - To ensure a diverse City tax base
• Objective 2.4 - To sustain a favorable development climate to encourage business growth.
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 subject property currently has three separate zoning districts - Single-Family Residential 6 (SF-6), Community Commercial (CC), and Light Industrial (LI) with the majority of the parcel zoned CC. The applicant would like to make the property cohesive by rezoning the SF-6 and LI portions to CC. The acreage to be rezoned is 0.82 acres ±.
The CC zoning district is established and intended to accommodate a diverse range of medium- to high-intensity retail, service, and office uses that provide goods and services serving the residents and businesses in the community at large.
The Zoning Commission held a legislative meeting on September 13, 2022. The Zoning Commission voted unanimously (5-0) to recommend approval of the proposed map amendment.
Background:
Applicant/Owner: Rapha Ministries Family Center Inc.
Requested Action: SF-6 and LI to CC
REID: 0426709965000
Council District: 2 - Shakeyla Ingram
Status of Property: One single family house
Size: Approximately 0.82 acres requested of the total 2.87 acres ±
Adjoining Land Use & Zoning:
• North: CC - Vacant, Automotive Garage, and Car Wash
• South: SF-6 and CC - Vacant and Automotive Garage
• East: SF-6 - Vacant and Single Family House
• West: SF-6 - Vacant and Church
Letters Mailed: 83
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 Neighborhood Improvement (NIR).
Neighborhood Improvement is intended to allow higher density redevelopment and “missing middle” housing to increase private reinvestment and revitalize neighborhoods. Target areas include clusters of vacant and/or underutilized parcels. Policies focus on neighborhood improvement and reinvestment.
Issues/Analysis:
History:
This property is currently developed with one single family home. The property has three zoning districts - Single-Family Residential 6, Community Commercial, and Light Industrial. This parcel was created to its current configuration in 2021 due to a recombination. Because each property was zoned differently prior to the recombination, the result is this single parcel with multiple zoning districts.
The subject property is located within the Airport Overlay District. The Airport Overlay District is intended to protect the public health, safety, and welfare in the vicinity of the Fayetteville Regional Airport by minimizing exposure to and giving public notice of probable high noise levels and accident hazards generated by the airport operations and to encourage future development that is compatible with the continued operation of the airport and the economic wellbeing of the City. The Overlay also limits density and the height of proposed structures.
Information regarding this rezoning was submitted to the Fayetteville Regional Airport Director Dr. Toney Coleman. Dr. Coleman offered no objection to the proposed rezoning.
Surrounding Area:
There are a variety of uses surrounding the subject property. There is an automotive garage and car wash located to the north. Another automotive garage is located to the west along with a church. A few single family houses are located to the east of the property. There are also vacant lots around the subject property.
Rezoning Request:
The applicant is requesting to rezone two areas of the overall parcel. The SF-6 portion is roughly .65 acres and the LI portion is roughly .17 acres. The applicant would like to rezone both portions to CC. This will allow any potential development of the property to develop without restrictions the other zoning districts may impose.
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 straight zoning from Single Family Residential 6 (SF-6) and Light Industrial (LI) to Community Commercial (CC).
The CC District is established and intended to accommodate a diverse range of medium- to high-intensity retail, service, and office uses that provide goods and services serving the residents and businesses in the community at large-e.g., shopping centers, convenience stores, retail sales establishments, and heavier commercial uses (subject to approval of a Special Use Permit (see Section 30-2.C.7). The district is typically located along major arterials, at the intersection of arterials, and along growth corridors identified in City plans. Higher-density residential uses are encouraged on the upper floors of nonresidential establishments, and may exist as stand-alone buildings as part of a larger horizontal mixed- use development.
The proposed zoning district is compatible with the area and this district is in keeping with the City’s Future Land Use Plan. This rezoning will unify the zoning district of this parcel and coincide with the other commercially zoned parcels to the north along Camden Road.
The reclassification of land to a straight zoning district allows all of the uses that are shown on the attached Use Table taken from the UDO. The City Council 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 Future Land Use Map & Plan, this area is recommended to be developed as Neighborhood Improvement (NIR). Neighborhood Improvement is intended to allow higher density redevelopment and “missing middle” housing to increase private reinvestment and revitalize neighborhoods. Target areas include clusters of vacant and/or underutilized parcels. Policies focus on neighborhood improvement and reinvestment. The proposed zoning district is compatible with the surrounding area and in keeping with the Future Land Use Plan.
Consistency and Reasonableness Statements:
The Future Land Use Plan also sets forth written 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 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. Approval of the map amendment to CC (recommended);
2. Approval of the map amendment to a more restrictive zoning district; or
3. Deny the map amendment request.
Recommended Action:
The Professional Planning Staff and Zoning Commission recommend that the City Council move to APPROVE of the map amendment to CC 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 Neighborhood Improvement.
• The uses permitted by the proposed change in zoning district classification and standards apply to such use and will be 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 Statements