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 Manager
Heather Eckhardt, CZO - Planner II
DATE: March 25, 2024
RE:
Title
P24-10. Conditional rezoning to amend conditions in MR-5/CZ located at 0 Rock Creek Lane and 0 Mount Rainer Road (REID 0439300490000 & 0439302525000) totaling 17.61 acres ± and being the property of Northridge Towns LLC.
end
COUNCIL DISTRICT(S):
Council District(s)
3 - Mario Benavente
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:
The applicant is seeking to amend the conditions placed on two parcels, 0 Mount Rainer Road and 0 Rock Creek Lane, which are currently zoned Mixed Residential 5 Conditional Zoning (MR-5/CZ). The subject properties are located behind the North Ridge Park subdivision.
This request was heard at the February 13th Zoning Commission meeting. The commission voted unanimously to approve the request. There was one speaker in favor and none in opposition.
Background:
Owner: Northridge Towns LLC
Applicant: Darrin Collins
Requested Action: Amend conditions of MR-5/CZ
REID #: 0439300490000 & 0439302525000
Council District: 3 - Mario Benavente
Status of Properties: Undeveloped
Size: 17.61 acres
Adjoining Land Use & Zoning:
• North: SF-6/CZ - Single-family dwellings
• South: SF-10 - Vacant & single-family dwellings
• East: SF-10 - Single-family dwellings
• West: SF-10 - Vacant & church
Annual Average Daily Traffic: Country Club Drive: 18,500
Rosehill Road: 10,000
Letters Mailed: 227
Technical Review Committee: Standard comments were provided to the applicant regarding various development standards including the need for multiple access points for the development.
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. Low Density Residential is intended for mainly single family residential with isolated duplexes or townhomes.
Issues/Analysis:
History:
The subject properties and the surrounding area were annexed into the City of Fayetteville in 1961. The subject properties are currently undeveloped. The subject properties were rezoned in 2021 from Single Family Residential 6 (SF-6) and Single Family Residential 10 (SF-10) to Mixed Residential 5 Conditional Zoning (MR-5/CZ). The conditions limited the use of the properties to 66 single-family houses.
Surrounding Area:
Phase 1 of the North Ridge Park residential development is located to the north of the subject properties. Haymount Presbyterian Church is located to the west of the subject property. The area to the south is undeveloped. The area to the east is primarily undeveloped but there is one single family house on a large lot.
Conditional Zoning:
The request is to amend the conditions placed on the subject properties. The current conditions limit the use and density to 66 single family houses. The applicant is requesting that the only condition on the property is to limit the density to 125 dwelling units.
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 remove the current conditions which address uses and density. The current conditions limit the subject properties to 66 single family houses. The applicant is proposing one condition that will address density - a maximum of 125 dwelling units with no limitation on permitted uses.
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. Low Density Residential is intended for mainly single family residential with isolated duplexes or townhomes.
According to the 2040 Future Land Use Plan, this proposed development falls within Goal #4: Foster safe, stable, and attractive neighborhoods.
Under the plan’s Land Use Policies and Strategies section, subsection Strategic, Compatible Growth, this proposed development falls under the following sections:
LUP 4: Create well-designed and walkable commercial and mixed use districts.
• 4.1: Ensure new development meets basic site design standards.
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 Low Density Residential, the applicant has offered a condition to limit the number of dwelling units to 125. This results in a density that mimics the Single Family Residential 6 zoning district which is located to the north of the subject properties and serves as the entrance to this site. Additionally, this limit on the number of dwelling units addresses potential concerns regarding the potential use of the site. The applicant is requesting to remove the limitation on permitted uses for the subject properties. The MR-5 zoning district does allow for a wide range of residential uses such as duplexes, as the applicant is proposing, and apartments. The proposed condition of a maximum of 125 dwelling units would apply to any residential development on the site. Furthermore, the proposed development would add to the much needed housing stock for Fayetteville.
Budget Impact:
While there won't be an immediate budgetary impact, this rezoning will have an economic impact in the future as it will lead to the collection of taxes.
Options:
1. Approval of the amended conditions as presented based on the evidence submitted and find that the rezoning is consistent with the Future Land Use Plan as demonstrated by the attached consistency and reasonableness statement (recommended);
2. 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. 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 recommends that the City Council move to APPROVE of the amended conditions 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 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
8. Powerpoint