Legislation Details

File #: 26-0456    Version: 1 Name: P26-32: Initial zoning to CC
Type: Public Hearing (Public & Legislative) Status: Agenda Ready
File created: 7/7/2026 In control: Zoning Commission
On agenda: 7/14/2026 Final action:
Title: P26-32: A request from Vanessa Ballard of V Ballard Consulting LLC representing Khalid Motorwala of Vival Reality LLC to rezone the ?9.49 acres at Unaddressed Gillespie St (0435031004000) from M(P) to Community Commercial (CC)
Attachments: 1. Application, 2. P26-32 - Aerial Notification Map, 3. P26-32 - Zoning Map, 4. P26-32 - Future Land Use Map, 5. Subject property, 6. Surrounding Properties, 7. Consistency and Reasonableness Statement

TO:                                            Zoning Commission

THRU:                      Jennifer C. Baptiste, Planning and Zoning Division Manager

 

FROM:                     Craig Harmon, Senior Planner

 

DATE:                      July 14, 2026

 

RE:Title

P26-32: A request from Vanessa Ballard of V Ballard Consulting LLC representing Khalid Motorwala of Vival Reality LLC to rezone the ±9.49 acres at Unaddressed Gillespie St (0435031004000) from M(P) to Community Commercial (CC).Title

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COUNCIL DISTRICT(S):                      

Council District(s)

 2 - Davis                         

 

 

b

Relationship To Strategic Plan:

Goal II - Diverse & Viable Economy

                     Broadens the tax base by allowing commercial and mixed-use activity on already-serviced land, improving taxable value per acre relative to low-density residential patterns.

                     Encourages private reinvestment and small-business growth through predictable zoning that supports neighborhood-serving enterprises.

                     Maximizes use of existing streets and utilities, improving return on prior public infrastructure investments.

Goal III - Invested in Today & Tomorrow (Strategic Growth & Land Use)

                     Directs reinvestment to an infill location contiguous with existing development and utility networks, reducing greenfield pressure and supporting compact, connected growth.

                     Aligns with Comprehensive Plan objectives promoting neighborhood-scale commercial and service uses near established residential areas.

                     Encourages integrated site design that provides shared access, landscaping, stormwater best-management practices, and pedestrian connectivity.

Goal IV - Live, Work, & Recreate (Neighborhood Revitalization & Housing Choice)

                     Expands access to everyday goods and services within walking or short-drive distance of existing homes, strengthening neighborhood self-sufficiency.

                     Supports corridor vitality by adding small businesses and employment opportunities near residential areas.

                     Advances complete-neighborhood principles by balancing residential, commercial, and civic uses within close proximity.

Goal VI - Collaborative & Trusted Government

                     Advances transparent, predictable decision-making through a legislative rezoning that applies uniform, citywide standards for the NC district.

Promotes interdepartmental coordination among Planning, Engineering, Stormwater, and Public Works to ensure capacity, access, and safety are addressed at site design and permitting stages.

 

Executive Summary:

The applicant requests to rezone the subject property to facilitate the development of a flex space commercial/light industrial project. The property is located within the Fayetteville Municipal Influence Area and is adjacent to existing Heavy Industrial (HI) and Community Commercial (CC) zoning, making the request compatible with the surrounding development pattern. The proposed development will provide flexible business space for office/warehouse, contractor, and service-oriented uses while supporting economic development, employment opportunities, and the orderly expansion of commercial and industrial uses consistent with the City's long-range planning objectives.

 

Background: 

Owner: Foundation of the University of  NC Wilmington INC (Edwin Stuart)

Applicant: Vanessa Ballard, V Ballard Consulting

Requested Action: Initial zoning to CC (Community Commercial)

REID #: 0435031004000

Property Address: Unaddressed Gillespie St (HWY 301)

Status of Property: Undeveloped

Size: ±9.49 acres

Adjoining Land Use & Zoning

                     North: M(P) - County Industrial

                     South: CP - County Commercial

                     East: M(P) - County Industrial

                     West: HI & CC - Industrial, school and Hwy 301

Notices Mailed: 77 property owners within a 1,000-foot radius

 

Future Land Use Plan:

EC: Industrial / Employment Center - High intensity nonresidential uses with high impact or likelihood for nuisance.  Regional employment centers including larger industrial uses or business parks.

 

Issues/Analysis: 

Issues and Analysis

 

The applicant requests to rezone approximately 9.49 acres located at unaddressed Gillespie Street (PIN 0435031004) to Community Commercial (CC) in conjunction with annexation into the City of Fayetteville. The site is currently vacant and is proposed for a flex space development intended to accommodate a variety of commercial, office/warehouse, contractor, and service-oriented businesses.

 

The subject property is located within the Fayetteville Municipal Influence Area (MIA) and is adjacent to existing Heavy Industrial (HI) and Community Commercial (CC) zoning across the roadway. The City's Unified Development Ordinance (UDO) identifies the Community Commercial District as a district intended to accommodate a broad range of commercial activities that serve both local and regional markets. The proposed flex space development is generally consistent with the intent of the CC District, provided all proposed uses are permitted or otherwise approved in accordance with the UDO.

 

The request represents a logical extension of the existing commercial and industrial development pattern along the Gillespie Street corridor. Surrounding properties already contain commercial and industrial uses, and the proposed zoning would provide an appropriate transition between these existing developments and future growth within the Municipal Influence Area. The proposal also supports economic development by creating opportunities for small businesses, office/warehouse users, contractors, and other employment-generating enterprises.

 

The applicant indicates that the development will utilize existing public water and sewer infrastructure and will be served by the existing transportation network. Future site development will remain subject to all applicable provisions of the Unified Development Ordinance, including but not limited to site plan approval, access management, landscaping, buffering, parking, lighting, signage, stormwater management, and erosion and sediment control requirements. Compliance with these standards will help ensure that the development is compatible with surrounding properties and minimizes impacts to adjacent land uses.

 

The application states that the project will not create an isolated zoning district, encourage strip commercial development, or result in significant adverse impacts to surrounding property values or the natural environment. Based on the surrounding zoning pattern, the availability of public utilities, the location within the Municipal Influence Area, and the compatibility of the proposed Community Commercial zoning with adjacent commercial and industrial development, Staff finds that the request promotes the orderly growth of the area and is generally consistent with the purposes and intent of the Unified Development Ordinance and the City's long-range planning objectives.

 

Consistency and Reasonableness Statement

 

The proposed Flex Space Development is generally consistent with the goals, policies, and objectives of the City of Fayetteville 2040 Comprehensive Plan and supports the City's long-range vision for growth and economic development.

 

The subject property is located within the Fayetteville Municipal Influence Area (MIA), which identifies the City's anticipated future growth boundary and serves as a guide for orderly annexation and development. The proposed rezoning supports the continued expansion of commercial and industrial uses within this growth area and is compatible with the existing development pattern.

 

Properties located directly across the roadway within the City limits are currently zoned Heavy Industrial (HI) and Community Commercial (CC). The proposed zoning request is compatible with these existing zoning classifications and represents a logical extension of the established commercial and industrial corridor.

 

The proposed Flex Space Development is intended to provide a mix of commercial and light industrial opportunities that can accommodate a variety of uses, including office/warehouse operations, contractor spaces, service-based businesses, and small-scale industrial users. The development will provide flexible business space that supports local entrepreneurship, employment opportunities, and economic investment.

 

The proposal also promotes orderly growth by:

 

Encouraging development within the Fayetteville Municipal Influence Area.

Providing land uses that are compatible with adjacent commercial and industrial development.

 

Supporting economic development and expanding employment opportunities.

Utilizing existing transportation corridors and available infrastructure.

Meeting the growing demand for flexible commercial and industrial space within the region.

 

Based on the property's location within the Municipal Influence Area, the established pattern of surrounding commercial and industrial zoning, and the proposed development's compatibility with adjacent land uses, the requested rezoning is reasonable and in the public interest. The request is consistent with the 2040 Comprehensive Plan and represents an appropriate use of the property that supports the City's long-term land use and economic development objectives.

 

Budget Impact: 

The proposed annexation and development are not anticipated to have a significant immediate impact on the City’s operating budget. The project would add to the City’s tax base through real property and potential business-related revenues; however, as a self-storage facility, it is a relatively low-employment use and is not expected to generate substantial ongoing economic activity compared to other commercial developments. Public infrastructure and service demands are expected to be minimal and can be accommodated by existing systems, though the City will incur standard costs associated with service provision, maintenance, and administrative oversight. Overall, the long-term fiscal impact is expected to be modestly positive.

    

Options

1. Approval of the Request (Recommended Action)
Motion to recommend approval of the
initial zoning of the property to CC (Community Commercial), based on the evidence and information presented by staff and the applicant.

The Zoning Commission finds that the proposed map amendment is generally consistent with surrounding land uses and represents a logical extension of existing development patterns, as detailed in the attached Consistency and Reasonableness Statement.

2. Approval to a More Restrictive Zoning District
Motion to recommend approval of the
initial zoning of the property to a more restrictive zoning classification than requested, based on the evidence and information presented.

The City Zoning Commission finds that the revised zoning designation would better align with the EC: Industrial / Employment Center Future Land Use classification and provide a more appropriate transition between existing uses, as reflected in an amended Consistency and Reasonableness Statement.

3. Denial of the Request
Motion to deny the
initial zoning of the property to CC (Community Commercial), based on the evidence and information presented. 

 

The Zoning Commission finds that the proposed zoning designation is inconsistent with the EC: Industrial / Employment Center Future Land Use classification and does not adequately support the City’s adopted land use policies related to neighborhood compatibility and reinvestment.

     

Recommended Action::Recommended Action

The Professional Planning Staff recommends that the Zoning Commission forward a recommendation of approval to the City Council for the proposed rezoning from the current county zoning district to Community Commercial (CC) in conjunction with the proposed annexation.

Staff's recommendation is based on the following findings:

                     The proposed rezoning is consistent with the goals, policies, and objectives of the 2040 Future Land Use Plan (FLUP) and supports the City's long-range vision for commercial and employment growth within the Municipal Influence Area.

                     The Community Commercial (CC) zoning district is appropriate for the subject property due to its location along an established transportation corridor and its proximity to existing Community Commercial (CC) and Heavy Industrial (HI) zoning districts, resulting in a logical and compatible development pattern.

                     The proposed flex space development will provide opportunities for office, warehouse, contractor, service, and other commercial uses that will support economic development, business growth, and employment opportunities within the area.

                     The property is served by, or has access to, public water and sewer infrastructure and will be subject to all applicable requirements of the Unified Development Ordinance (UDO) during future site plan and permitting review, including standards related to access, buffering, landscaping, parking, lighting, stormwater management, and environmental protection.

                     The proposed rezoning represents a logical extension of existing commercial and industrial development and is not expected to create an isolated zoning district, encourage strip commercial development, or result in significant adverse impacts to surrounding properties or the public health, safety, morals, or general welfare.

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Attachments:

1.                     Application

2.                     Aerial Notification Map

3.                     Zoning Map

4.                     Land Use Map

5.                     Subject Property

6.                     Surrounding Properties

7.                     Consistency and Reasonableness Statement