TO: Mayor and Members of City Council
THRU: Kelly Strickland - Assistant City Manager
Dr. Gerald Newton, AICP - Development Services Director
FROM: Craig Harmon - Senior Planner
DATE: December 8, 2025
RE:Title
Approve P25-51: A request to conditionally rezone 5 parcels on Hillsboro Street (0437488315000, 0437488518000, 0437488512000, 0437488423000, 0437488219000), consisting of 1.58 acres and owned by Fayetteville Area Operation Inasmuch, from Mixed Residential 5 (MR-5) to Mixed Residential Conditional Zoning (MR-5/CZ).
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COUNCIL DISTRICT(S):
Council District(s)
2 - Malik Davis
b
Relationship To Strategic Plan:
Goal II: Responsive City Government Supporting a Diverse and Viable Economy
• Objective 2.2 - To strategically invest in the enhancement of community places, fostering revitalization, economic opportunity, and an improved quality of life for all residents.
Goal III: City Invested in Today and Tomorrow
• Objective 3.2 - To proactively guide the City’s future growth through thoughtful planning and strategic land use decisions that ensure sustainable development and long-term community resilience.
Goal IV: Highly Desirable Place to Live, Work, and Recreate
• Objective 4.6 - To strengthen community well-being by advancing initiatives that reduce poverty, prevent homelessness, and expand access to housing, employment, and essential services.
Executive Summary:
The applicant, Larry King and Associates, has requested to rezone 5 parcels along Hillsboro Street from Mixed Residential 5 (MR-5) to Mixed Residential 5 Conditional Zoning (MR-5/CZ). There are plans the develop the 5 properties into a residential development consisting of 16 single family houses. The conditional rezoning is necessary to allow for the development of multiple single-family houses on one lot, reduce the parking requirement, and reduce the rear yard setback to 25 feet.
On November 12, the Zoning Commission held a legislative public hearing. The Commission voted 5-0 to recommend approval.
Background:
Owner: Fayetteville Area Operation Inasmuch
Applicant: Larry King and Associates
Requested Action: MR-5 to MR-5/CZ
REID #: 0437488315000, 0437488518000, 0437488512000, 0437488423000, 0437488219000
Status of Property: The subject property consists of one single-family residence located at 610 Hillsboro Street, with the remaining parcels currently undeveloped.
Size: ± 1.58 acres
Surrounding Land Use & Zoning:
• North: MR-5 - Undeveloped
• South: NC - Transitional Housing (The Lodge by Operation Inasmuch)
• East: MR-5 - Undeveloped
• West: MR-5 and HI - Single-Family Residential and Warehouse (M&M Smith Storage Warehouse)
Letters Mailed: 138
Land Use Plans:
With the adoption of the 2040 Comprehensive Plan: Future Land Use Map & Plan on May 26, 2020, all properties located within the City of Fayetteville-and those within its Municipal Influence Area (MIA)-are now guided by the Plan’s long-term vision for coordinated growth and reinvestment.
The subject area is designated for Neighborhood Improvement (NIR) on the Future Land Use Map. The Neighborhood Improvement character area is intended to encourage revitalization through higher-density residential redevelopment and the introduction of “missing middle” housing types. These include townhomes, duplexes, and small-scale multifamily dwellings designed to blend with existing neighborhood character while expanding housing choice and affordability.
Target areas within this designation typically include clusters of vacant or underutilized parcels where strategic redevelopment can catalyze private investment and neighborhood renewal. Policies within the NIR area emphasize reinvestment, community stabilization, and the creation of vibrant, inclusive residential environments that support walkability, access to services, and a stronger sense of place
Issues/Analysis:
History:
All but one of the subject properties is currently vacant. A single-family residential home is located at 610 Hillsboro Street. The house was constructed in 1920 according to Cumberland County tax records. Houses, likely of the same age, were previously located on the remaining lots however, over the years the houses have been demolished, and no new development has taken place on these properties.
Surrounding Area:
The area bounded by Hillsboro, Chance, Frink, and Cumberland Streets is primarily residential in character, with many properties currently or formerly used for housing. These residential properties are all zoned Mixed Residential 5 (MR-5). However, there are several notable exceptions to the predominant residential pattern. The most prominent is The Lodge by Operation Inasmuch, located at the northeast corner of Hillsboro and Chance Streets. The Lodge provides transitional housing, and the proposed project on the adjacent properties to the north represents an expansion focused on serving unhoused veterans. Operation Inasmuch has also previously constructed a duplex at 604 Frink Street, further contributing to supportive housing efforts in the area.
Along Cumberland Street, several Community Commercial (CC) zoned properties support low- to moderate-intensity businesses, including Wiseman Mortuary. Saint Luke African Methodist Episcopal Church of Fayetteville is situated just south of Chance Street. On the west side of Hillsboro Street, M.M. Smith Storage Warehouse Inc. is located within a Heavy Industrial (HI) zoning district.
Conditional Rezoning:
Conditional Rezoning allows a property owner to rezone land to a zoning district with tailored conditions that ensure alignment with the City’s adopted plans and help address development impacts. This process may only be initiated by the property owner and follows the standard development review procedures with modifications specific to conditional zoning. Applications must include any proposed conditions and may also request vested rights. The Technical Review Committee reviews the application before the Zoning Commission holds a legislative hearing and issues a recommendation. If no appeal is filed, the City Council may act on the application without another public hearing; otherwise, a legislative hearing is held before final action. Approval requires both a plan consistency statement and a statement of reasonableness. Conditions must conform to City policies and cannot be less restrictive than base zoning standards unless they improve compatibility or planning outcomes. Approved conditions become binding, and only minor deviations may be administratively approved. Material changes require a new rezoning. Conditional zoning districts are designated with a “/CZ” suffix on the Official Zoning Map. If no development application is submitted within two years, the City may revert the zoning.
Specifics of this Conditional Rezoning:
The applicant is requesting a conditional rezoning from Mixed Residential 5 (MR-5) to Mixed Residential 5 Conditional Zoning (MR-5/CZ) to allow for the development of 16 single family houses on one lot to provide housing to veterans. The proposed use and development plan necessitate a rezoning to a conditional district.
As part of the conditional rezoning request, the applicant has proposed limiting the number of dwelling units on the property to 16 proposed units. In addition to a limit on the number of units, the applicant has offered the condition that the site remain under the ownership of Operation Inasmuch. To address potential site constraints, the applicant has requested a reduction of the rear yard setback from 30 feet to 25 feet and a reduction in the required parking to the sevens spaces shown on the draft site plan instead of the 32 spaces required by the Unified Development Ordinance.
The MR-5 district is intended to accommodate a broad mix of housing types - including single family dwellings - at moderate to high densities, aligning with the proposed site development. By allowing for additional dwellings on site, they will increase the density and in turn be able to provide more, much needed housing.
This tailored approach supports the City’s goal for context-sensitive infill development, maintains neighborhood stability, and ensures that any future site redevelopment would require additional public review and zoning consideration. The conditional limitation strengthens compatibility and predictability for nearby residents and the City.
As required by the Unified Development Ordinance, this development was reviewed by the Technical Review Committee. Following the initial meeting, the applicant made some site adjustments before applying for this rezoning.
Land Use Plan Analysis:
The subject property is designated for Neighborhood Improvement (NIR) development on the City’s 2040 Future Land Use Map, adopted in May 2020. Under the Plan, Neighborhood Improvement (NIR). The Neighborhood Improvement character area is intended for 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 rezoning to MR-5/CZ, fulfills key strategies outlined in the Plan’s Strategic, Compatible Growth policies (LU-1 and LU-7), which encourage growth in areas served by infrastructure, support reinvestment in established neighborhoods, and promote a mix of housing types.
Consistency and Reasonableness Statements:
The proposed conditional rezoning from MR-5 to MR-5/CZ is consistent with the City of Fayetteville’s 2040 Future Land Use Plan, which designates the area for Neighborhood Improvement. The request aligns with the Plan’s goals to support context-sensitive infill, preserve stable neighborhoods, and provide diverse housing options within areas already served by infrastructure.
Conclusion:
In conclusion, the proposed conditional rezoning from Mixed Residential 5 (MR-5) to Mixed Residential 5 Conditional Zoning (MR-5/CZ) for the five parcels along Hillsboro Street is consistent with the City of Fayetteville’s 2040 Comprehensive Plan and supports the Neighborhood Improvement (NIR) land use designation. The request facilitates the development of 16 single-family homes to provide housing for veterans, aligning with city goals for infill redevelopment, neighborhood reinvestment, and diverse housing options. The proposed conditions ensure compatibility with surrounding properties while advancing community revitalization and supportive housing objectives.
Budget Impact:
The proposed conditional rezoning is expected to have a neutral budget impact, with no new infrastructure or service demands and minimal potential for increased property tax revenue.
Options:
1. Approve as Presented (Recommended Action): Based on the evidence presented, the Zoning Commission recommends approving the proposed conditional rezoning from Mixed Residential 5 (MR-5) to Mixed Residential 5 - Conditional Zoning (MR-5/CZ). The Commission finds the request consistent with the City’s adopted Future Land Use Plan and reasonable given the long-standing multifamily use of the property, as outlined in the attached Consistency and Reasonableness Statement.
2. Approve with Revised or Additional Conditions: The Zoning Commission recommends approval of the proposed conditional rezoning, subject to revised or additional conditions agreed to in writing by the applicant. Based on the evidence presented, the Commission finds that incorporating the revised conditions enhances compatibility with surrounding uses and strengthens alignment with the City’s adopted Future Land Use Plan, as reflected in an amended Consistency and Reasonableness Statement.
3. Denial of the Application: The Zoning Commission recommends denial of the proposed conditional rezoning. Based on the evidence and testimony provided during the legislative hearing, the Commission finds that the requested zoning is inconsistent with the Future Land Use Plan and does not adequately address the area's compatibility or long-term planning objectives.
Recommended Action::Recommended Action
The Zoning Commission and Professional Planning Staff recommend that the City Council APPROVE the proposed map amendment from Mixed Residential 5 to Mixed Residential 5 - Conditional Zoning (MR-5/CZ), based on the following findings:
• Policy Consistency: The proposed conditional rezoning is consistent with the City’s adopted 2040 Future Land Use Plan (FLUP), which designates the area for Neighborhood Improvement. The MR-5 district, and proposed conditions, aligns with land use policies that promote context-sensitive infill, housing variety, and long-term neighborhood stability. The rezoning advances Strategic, Compatible Growth goals identified in policies LU-1, LU-4, LU-6, and LU-7.
• Contextual Appropriateness: The proposed rezoning is contextually appropriate because it complements the surrounding residential character and land uses along Hillsboro Street. The project continues the pattern of mixed residential and supportive housing in the area, using vacant lots for compatible infill development. The minor reductions in setback and parking allow for efficient site design without disrupting neighborhood scale or character, while the conditional zoning ensures consistency with city planning goals and community context.
• Public Interest: The rezoning serves the public interest by providing much-needed housing for veterans, supporting neighborhood reinvestment, and utilizing existing infrastructure efficiently. It advances the City’s 2040 Comprehensive Plan goals for neighborhood improvement, housing diversity, and social equity, while ensuring long-term stability through continued ownership by Operation Inasmuch.
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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. Site Plan