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 Division Manager
Heather Eckhardt, CZO - Planner II
DATE: November 27, 2023
RE:
Title
P23-42. Conditional rezoning from Single Family Residential 6 (SF-6) to Single Family Residential 6 Conditional Zoning (SF-6/CZ) located at 1708 Bragg Boulevard (REID 0428703150000) totaling 2.8 acres ± and being the property of Linda Kay Davis-Amos, represented by Thomas Neville of Yarborough, Winters, & Neville, P.A
end
COUNCIL DISTRICT(S):
Council District(s)
2 - Shakeyla Ingram
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.
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 has requested to conditionally zone the property at 1708 Bragg Boulevard from Single Family Residential 6 (SF-6) to Single Family Residential 6 Conditional (SF-6/CZ). The proposed conditions are to allow an office use in the SF-6 zoning district, with a type B buffer along the adjoining residential lots, and allow a ground sign with a maximum of 20 square feet.
The Zoning Commission held a legislative hearing on October 10, 2023. There were two speakers in favor and none in opposition. The Zoning Commission voted to recommend approval of the rezoning with one member in opposition.
Background:
Applicant: Thomas Neville of Yarborough, Winters, & Neville, P.A.
Owner: Linda Davis Amos
Requested Action: Conditional rezoning to SF-6/CZ
REID #: 0428703150000
Council District: 2 - Shakeyla Ingram
Status of Property: One single family dwelling
Size: .22 acres
Adjoining Land Use & Zoning:
• North: SF-6 - Single-family house
• South: SF-6 - Single-family house
• East: SF-6 - Single-family house
• West: SF-6 - Single-family house
Annual Average Daily Traffic: Bragg Boulevard: 25,500 (2021)
Letters Mailed: 213
Additional Reviews: This project was reviewed by the Technical Review Committee and standard comments were provided.
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 Medium Density Residential (MDR). Medium Density Residential calls for primarily single family residential neighborhoods with small lots with duplexes and townhomes interspersed.
Issues/Analysis:
History:
The subject property and immediate area have been within the city limits of Fayetteville since 1923. Per Cumberland County Tax records, the subdivision was platted in the 1920s and the structure was built in 1941. The subject property and surrounding area were initially developed as a single-family residential subdivision. The area has continued to develop in this manner with the occasional townhouse development interspersed.
Surrounding Area:
The surrounding area is residential in nature with a focus on single-family houses. There is a townhouse development located along Havilah Road to the northwest. There are a few parcels a block away that are zoned Office & Institutional (OI). These properties are located on Bragg Boulevard between Glenville Avenue and Pilot Avenue, the corner of Bragg Boulevard and Pilot Avenue, and the corner of Bragg Boulevard and Westmont Drive. The properties are hair salons, an attorney’s office, an insurance agency, and other office-type uses.
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.
Conditional Zoning:
The request is to rezone the subject property from Single Family Residential 6 (SF-6) to Single Family Residential 6 Conditional (SF-6/CZ).
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 Rezoning:
The proposed conditions are as follows:
1. Allow for an office use in the SF-6 zoning district
2. Type B buffer abutting residential
3. Signage: a ground sign with a maximum of 20 square feet
Land Use Plan Analysis:
According to the Future Land Use Map & Plan, this general area is recommended to be developed as Medium Density Residential (MDR). Medium Density Residential calls for primarily single-family residential neighborhoods with small lots with duplexes and townhomes interspersed The Future Land Use Plan also sets forth written goals, policies, and strategies. This application does not follow the City’s strategic, compatible growth strategies and does not meet the goals of the Land Use Plan found on the attached Consistency and Reasonableness form.
Conclusion:
The proposed use of the property as an event planning office does not match the Future Land Use Plan designation of Medium Density Residential. Medium Density Residential is intended for single-family subdivisions as well as townhomes. This area has developed in this manner and has retained this residential character. Approval of this conditional rezoning could open the door for future rezonings which could change the character of this residential corridor.
While the proposed use of the property as an office does not match the Future Land Use Plan designation of Medium Density Residential, the office type use will be a low impact business with limited hours of operation. Additionally, the owner intends to maintain the residential character and appearance of the structure while installing landscaping to buffer the site from the surrounding residential dwellings.
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 amendment to the SF-6/CZ 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 (recommended).
2. 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 find that the map amendment is inconsistent with the Future Land Use Plan.
Recommended Action:
The Zoning Commission recommends that the City Council move to APPROVE the map amendment to SF-6/CZ 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 Medium Density Residential (MDR).
• 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. Site Plan
8. Consistency and Reasonableness Statement
9. Powerpoint