TO: Mayor and Members of City Council
THRU: Kelly Olivera - 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: January 9, 2023
RE:
Title
P22-45. Rezoning from Agricultural Residential (AR) and Limited Commercial (LC) to Community Commercial (CC) of 4.4 acres ±, located at 0 Hazelwood Drive, 1611, 1620, and 1631 Ferndell Drive, and 7818 Raeford Road (REID #9486360554000, 9486269516000, 9486267506000, 9486266471000, and 94862654449000), being the property of Gillis Development Corp Inc. and Joseph H. Gillis.
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
• 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 majority of the subject properties are currently zoned Agricultural Residential (AR); however, the property at 7818 Raeford Road is currently zoned Limited Commercial (LC). The property owner is requesting to rezone all properties to Community Commercial (CC). Due to the surrounding zoning and uses, Planning Staff recommends the more restrictive Limited Commercial (LC) zoning district.
The Zoning Commission held a legislative hearing on November 8, 2022. Two motions were made; however, both motions failed due to a tied vote. Hence, this request is being forwarded to City Council as a Public Hearing for a decision to be rendered.
Background:
Owner/Applicant: Joseph H. Gillis & Gillis Development Corp. Inc.
Requested Action: AR & LC to CC
REID: 9486360554000, 9486269516000, 9486267506000, 9486266471000, and 94862654449000
Council District: 7 - Brenda McNair
Status of Property: One single-family house, multiple vacant lots
Size: 4.40 acres ±
Adjoining Land Use & Zoning:
• North: AR - Single-family residential
• South: CC - Restaurants, auto parts store, and bank
• East: OI - Church
• West: LC - Offices
Letters Mailed: 184
Traffic Counts: Raeford Road - 7,600 annual average daily traffic
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 Community Center (CC).
Community Center is defined as supporting developments with buildings consisting of 150,000 - 400,000 square foot; nonresidential leasable space with vertically mixed uses; and high-density residential and multi-family intermixed.
Issues/Analysis:
History:
The subject properties and the surrounding area were annexed into the City of Fayetteville in 2005 as part of the Phase 5 annexation. The properties are primarily wooded with one single-family house located on the property addressed as 7818 Raeford Road. The property located at 7818 Raeford Road was previously rezoned in 2021. The property was rezoned from Agricultural Residential (AR) to Limited Commercial (LC). At the time of the rezoning, the applicant had a tenant who was interested in having an office at this location. The rezoning request was approved but the tenant did not occupy the space.
A neighboring property, located at 7758 Raeford Road, was partially rezoned in 2014. Half of the parcel was rezoned from Agricultural Residential (AR) to Office & Institutional (OI). The OI portion of this parcel is immediately adjacent to 1631 Ferndell Drive and 0 Hazelwood Avenue which are part of this rezoning request.
Surrounding Area:
The area to the north consists of several different single-family subdivisions such as Holly Chase, Raeford Road Estates, and Newton Place. Immediately south of the subject property is a large North Carolina Department of Transportation right-of-way. Beyond this NCDOT right-of-way is the Cotton Square commercial development which includes Applebee’s and Truist Bank. A daycare, Fort Bragg Federal Credit Union, and Walgreens are located to the west of the subject properties. To the east is a church, Lake Rim Baptist Church, and a medical facility, Carolina Skin Care.
Rezoning Request:
The applicant is requesting to rezone 0.94 acres ± from Limited Commercial (LC) and 3.46 acres ± from Agricultural Residential (AR) to Community Commercial (CC).
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 Agricultural Residential (AR) and Limited Commercial (LC) 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. The district is typically located along major arterials, at the intersection of arterials, and along growth corridors identified in City plans.
The reclassification of land to a straight zoning district allows all of the uses that are shown on Use Table in the Unified Development Ordinance. 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 Community Center (CC).
Community Center is defined as supporting developments with buildings consisting of 150,000 - 400,000 square foot; nonresidential leasable space with vertically mixed uses; and high-density residential and multi-family intermixed.
Based on an analysis of the area, the Unified Development Ordinance, and the Future Land Use Plan, the proposed zoning district is not compatible with the area. While the Future Land Use Plan does support a commercial zoning district, the surrounding area is primarily residential in nature with limited lower-intensity commercial uses to the west.
In addition, based on the Unified Development Ordinance, the Community Commercial zoning district is defined and reserved for parcels located along major arterials. These properties, although addressed off of Raeford Road, are served by a local connector road and do not have direct access to Raeford Road.
For these reasons, staff supports a lower intensity commercial zoning district - Limited Commercial (LC). This is in keeping with the Future Land Use Plan and the commercial zoning that is located near the corner of Raeford Road and Cliffdale Road.
Consistency and Reasonableness Statements:
The Future Land Use Plan also sets forth written goals, policies, and strategies. A rezoning to Limited Commercial would 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. City Council moves to approve the rezoning to CC 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.
2. City Council moves to approve the map amendment/rezoning to a more restrictive zoning district based on the evidence submitted and finds that the map amendment/rezoning would be consistent with the Future Land Use Plan and an amended consistency and reasonableness statement. (LC recommended by Staff)
3. City Council moves to deny the rezoning based on the evidence submitted and finds that the rezoning is inconsistent with the Future Land Use Plan.
Recommended Action:
The Zoning Commission and Professional Planning Staff recommends that the City Council move to APPROVE the map amendment to a more restrictive LC district 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 Community Center.
• The uses permitted by the recommended change to the LC zoning district and the standards that apply to such uses 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 - LC
8. Consistency and Reasonableness Statements - CC