TO: Mayor and Members of City Council
THRU: Zoning Commission
FROM: Demetrios Moutos - Planner I
DATE: May 14, 2024
RE:
Title
P24-07. Initial Rezoning of 3.5 acres ± from Planned Industrial (M(P)) to Light Industrial (LI), located at 2246 Angelia M Street (REID # 0447927785000), and being the property of Judd Brook 6, LLC, represented by Gordon Rose.
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.
• 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 Bobcat Facility at 2246 Angelia M Street is seeking a rezoning for its 3.5-acre property to Light Industrial (LI). According to the applicant, the proposal aligns with the city’s comprehensive plan and addresses changing conditions related to public utilities. With a focus on logical development and minimal adverse impacts, the project aims to continue its industrial use while accessing public water and sewer services. This rezoning request is in conjunction with a petition for annexation.
Background:
Owner: Judd Brook 6, LLC
Applicant: Gordon Rose
Requested Action: M(P) to LI
REID #s: 0447927785000
Potential Council District: 2 - Malik Davis
Status of Properties: Sales and service facility for Bobcat equipment
Size: 3.5 acres ±
Adjoining Land Use & Zoning:
• North: RR and M(P) - Residential and Industrial
• South: NC HWY 24 and RR
• East: M(P) - Landscaping contractor office with material storage
• West: M(P) - Vehicle Maintenance Facility
Annual Average Daily Traffic: State Highway 24 - 12,000
Postcards Mailed: 37
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 and 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 an Industrial/Employment Center (EC). These areas predominantly consist of high-intensity nonresidential uses with high impact or likelihood for nuisance, regional employment centers including larger industrial uses, and/or business parks.
Issues/Analysis:
History:
The parcel has been developed and in use as some form of storage or industrial use since 1982, according to aerial photography provided by the Cumberland County GIS. It appears there has only ever been one pre-engineered steel frame building on the property which was built in 1981. Judd Brook 6, LLC, a Virginia limited liability company, acquired the property from John R. Brantley, III, and their wife, Barbara L. Brantley in December 2020.
Surrounding Area:
Across Whitehead Road stands a landscaping contractor office with material storage, while the property at the intersection of Whitehead Road and Angelia M Street is residential. On the other side of Angelia M Street, at 2239 Angelia M Street, there seems to be an industrial facility, and adjacent to the west is a vehicle maintenance facility. The subject property is presently utilized for Bobcat equipment sales and service.
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 seeking to rezone one parcel currently Planned Industrial (M(P)) in Cumberland County to Light Industrial (LI) inside the City of Fayetteville. The Light Industrial (LI) District is created to support small-scale or minimally impactful industrial activities, including light manufacturing, assembly, fabrication, processing, distribution, storage, and research and development. The district adheres to stringent standards to mitigate potential nuisances, environmental harm, and adverse effects on neighboring uses. Additionally, limited retail support may be permitted for warehousing, distribution, and light manufacturing activities as outlined in Section 30-4.D on Accessory Uses.
Straight Zoning:
The request is for a straight rezoning from Planned Industrial (M(P)) to Light Industrial (LI).
The reclassification of land to a base zoning district without conditions allows all of the uses shown in the Use Table in 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:
The proposed rezoning of the Bobcat Facility at 2246 Angelia M Street from M(P) to LI is strategically aligned with the city’s comprehensive plan and overarching goals for responsive governance and sustainable economic growth. The request supports a diverse tax base, fosters a favorable development climate, and manages the city’s future growth according to the Strategic Operating Plan. The current land use coexists with surrounding areas featuring a mix of rural residential, industrial, and commercial uses. This rezoning is in harmony with the 2040 Comprehensive Plan, which designates the region as an Industrial/Employment Center (EC), and the shift from M(P) to LI aligns with this vision for high-intensity nonresidential uses. The proposed rezoning stands as a logical and strategic move, fostering a well-integrated industrial area in line with the City’s long-term vision.
Consistency and Reasonableness Statements:
According to the 2040 Future Land Use Plan, this proposed development falls within Goal #1 of the plan - Focus value and investments around infrastructure and strategic nodes, Goal #2 - Promote compatible economic and commercial development in key identified areas, and Goal #4 - Foster safe, stable, and attractive neighborhoods.
Under the plan’s Land Use Policies and Strategies section, this proposed development falls under the following:
LU - 1: Encourage growth in areas well-served by infrastructure and urban services, including roads, utilities, parks, schools, police, fire, and emergency services.
• 1.4: Require annexation and adherence to development standards for any development proposal within the City’s Municipal Influence Area (MIA) if city services are to be provided.
LU - 2: Encourage Strategic Economic Development
• 2.1: Encourage economic development in designated areas.
o Encourage economic development in key areas including Downtown Office/Institutional Areas, Industrial/Employment Areas, Regional and Community Centers, and Highway Commercial Areas.
LU - 4: Create well-designed and walkable commercial and mixed-use districts.
• 4.1: Ensure new development meets basic site design standards
o Standards should include:
§ Connected streets, entrances, and parking lots
§ Sidewalks and pedestrian pathways on both sides of all public rights-of-way (at the minimum)
§ High-quality building materials
§ Landscaping, shade, and street trees
§ Perimeter buffers
§ Low-level parking lot screening
§ Storm water retention and infiltration
• 4.2: Encourage context-sensitive site design
o Design commercial and mixed-use areas to be walkable areas with pedestrian connection between uses and buildings.
§ Encourage buildings to be located close to the street, especially near key intersections, with parking located to the side or behind the buildings.
§ Require short block lengths (max. 400 to 600 feet) and connections to adjacent development (crosswalks, etc.).
o Ensure development standards specify:
§ Transition in building scale between new buildings and surrounding neighborhoods.
§ Building and parking orientation and design.
§ Landscaped buffers, tree save areas, and site design that provides transitions between more and less intense uses.
LU - 5: Improve Gateways
• 5.1: Continue to require perimeter landscaping and planting islands in significant renovations and redevelopment along commercial corridors.
o There are currently several gateways into the City that have underutilized commercial areas. Recent changes to development standards are improving some areas incrementally, however, approving exceptions during rezoning and/or for small properties can stall this incremental improvement and potentially harm adjacent properties and future development.
LU - 10: Support land use, site design, and capital improvement initiatives that increase resiliency and reduce impacts from flooding and natural disasters.
• 10.1: Encourage on-site stormwater control measures that reduce the impacts of new development.
o Stormwater requirements should seek to mimic pre-development conditions, limit impacts from new development on adjacent properties, and reduce the rate of stormwater runoff to avoid erosion of stream banks and encourage groundwater recharge.
Budget Impact:
While there won't be an immediate budgetary impact, this Annexation and Map Amendment will have an economic impact in the future as it will lead to the collection of taxes.
Options:
1. Recommend approval of the map amendment to LI 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. Recommend approval of the map amendment to a more restrictive zoning district based on the evidence submitted and find 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 Professional Planning Staff recommends that the Zoning Commission move to recommend APPROVAL of the map amendment to LI 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 an Industrial/Employment Center (EC).
• The uses permitted by the proposed change in zoning district classification and the standards that 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