Legislation Details

File #: 26-0351    Version: 1 Name: P26-18 - Amendment to approved Conditional Rezoning zoned BP/CZ
Type: Consent Status: Agenda Ready
File created: 5/26/2026 In control: City Council Regular Meeting
On agenda: 6/22/2026 Final action:
Title: Approve P26-18: Request from David Brown of Cline Design to amend the approved conditions at 1220 Bridgehead Cir (0409923535000) & Unaddressed Military Business Park (040982990900), ? 23.72 acres, zoned as Conditional Business Park (BP/CZ).
Attachments: 1. Application.pdf, 2. Aerial Notification Map, 3. Zoning Map, 4. Futue Land Use Map, 5. Subject Property.pdf, 6. Surrounding Properties.pdf, 7. MidtownIII_ConceptualSiteStudy_2026-03-26.pdf, 8. Signed Consistency Statement P26-18.pdf, 9. P26-18 CC Ver.pdf

TO:                                            Mayor and Members of City Council

THRU:                      Jodi Phelps - Assistant City Manager

Dr. Gerald Newton, AICP - Development Services Director

Jennifer C. Baptiste - Planning & Zoning Division Manager

 

FROM:                     Thomas Cohen - Planner I

                                          Craig Harmon, CZO - Senior Planner

 

DATE:                      June 22, 2026

 

RE:Title

Approve P26-18: Request from David Brown of Cline Design to amend the approved conditions at 1220 Bridgehead Cir (0409923535000) & Unaddressed Military Business Park (040982990900), ± 23.72 acres, zoned as Conditional Business Park (BP/CZ).

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COUNCIL DISTRICT(S):                      

Council District(s)

 District 3 - Dr. Antonio Jones

                     

 

 

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Relationship To Strategic Plan:

Goal I: Safe & Secure Community

                     1.2: To ensure traffic and pedestrian safety

The site includes amenities such as marked trails, crosswalks, and is incorporated into a roundabout. This encourages the separation of pedestrians and vehicular traffic while encouraging walkability.

 

Goal II: Responsive City Government Supporting a Diverse & Viable Economy

                     2.1: To ensure a diverse City tax base

                     2.4: To sustain a favorable development climate to encourage business growth

A mixed-use development provides a variety of tax opportunities that are not reliant on a single source. It also encourages business growth by providing an immediate base of customers without significant land use changes between tenant businesses should a business move on.

 

Goal III: City Investment in Today & Tomorrow

                     3.1: To enhance City street connectivity, traffic flow, and stormwater systems

                     3.2: To manage the City’s future growth and strategic land use

                     3.5: To increase our smart city capacity

The Coalition Phase III Development is built into the existing roadway network and has plans for connected trails and walkways for residents and visitors. It makes use of the Military Business Park which has largely lied dormant for many years and is being built to modern technological expectations and standards.

 

Goal IV: Desirable Place to Live, Work, & Recreate

                     4.2: To enhance diverse recreation, leisure, and cultural opportunities

                     4.5: To ensure a place for people to live in great neighborhoods

A mixed-use development inherently puts where people work, live, and play into the same area creating walkable and easily accessible opportunities.

 

Goal VI: Collaborative Citizen & Business Engagement Base

                     6.1: To ensure collaborative relationships with the business community, local governments, military, and stakeholders

The request is part of an ongoing phased development that has worked with the city and potential businesses every step of the way and is the result of collaboration of city staff, architects, visionaries, as well as business & city leadership.

 

Executive Summary:

Request

Amendment to the approved conditions for the properties while maintaining the Conditional Business Park zoning district.

 

City Council Decision Point

The City Council must decide whether to

                     Approve the request as proposed

                     Approve the request, but with amended conditions

                     Deny the request

 

Key Findings

Future Land Use: The Future Land Use Designation is for Employment Center (EC) which is in full alignment with Business Park (BP) zoning district. While the proposed conditions add in several land uses that are not suitable for the EC designation, they enable an expanded purpose which fulfills the core spirit of the designation; an area of high-intensity operations that serves as a regional destination and employer of many people.

 

Local Context: The local context aligns with the sought reconditioning. Most of the nearby properties belong to the Midtown at Coalition development or are unoccupied buildings - thus are ambivalent towards the site intentions. Further out are high intensity uses such as the Amazon facility or completely undeveloped, residentially oriented, land that would only benefit from the subject site presence.

 

Zoning Commission

On May 12 of 2026 the request achieved unanimous (3-0) recommendation of approval by the Zoning Commission. The motion was made by Zaccheaus Eley and seconded by Roger Shah. There were two speakers in favor and none in opposition.

 

Background: 

Owner: MILITARY BUSINESS PARK INC

Applicant:  David Brown of Cline Design

Request: BP/CZ change of conditions

Parcel Identification Number (PIN): 0409923535000 & 0409829909000

Parcel Size: ± 23.72 acres (Collective)

Existing Site Conditions: Forested vacant lot undergoing utilities construction

Adjacent Zoning:

                     North: BP/CZ - Active development for storage use

                     South: BP/CZ - Active development for mixed-use/ apartments

                     East: MR-5/CZ - Apartments

                     West: BP/CZ - Existing office use

Utilities: Public water, sewer, and electricity

Applicant Narrative (Summary): This is a continuation of the Midtown at Coalition phasal project meant to be a highly mixed-use area as part of a live-work-play design philosophy.

Public Notice: Notification letters were sent to property owners within 1,000 feet of the subject site equating to 12 notices sent.

 

Issues/Analysis: 

Case P26-18 is a request to amend the conditions of the approximately 23.72 acres located at 1220 Bridgehead and Unaddressed Military Business Park. The district will remain as the existing Conditional Business Park; the conditions will simply be amended based on tenant or owner needs in accordance with established precedent set by case P25-23 as well as maintain zoning continuity of the phasal project.

Pursuant to NCGS § 160D-703 any conditions agreed upon by both the applicants and local government will be legally binding to the parcel. The process for conditional rezoning in the City of Fayetteville is outlined within UDO Section 30-2.C.1.

 

Applicant proposed conditions are as follows:

1.                     Prohibited Land Uses

a.                     Convenience Store with Gasoline Sales

b.                     Restaurant with Drive-Through Sales

2.                     Additional Land Uses

a.                     Parcel Services

b.                     Dwelling Unit: Live/Work, Multi-Family, and Upper Story

c.                     Animal Grooming

d.                     Food Truck Court

e.                     Sales (Including Real Estate)

f.                     Commercial Recreation - Indoor

g.                     Commercial Recreation Outdoor: Golf Driving Range, Swimming Pool - Private, Swimming Pool - Public, Other Commercial Recreation - Outdoor

h.                     Personal Services Establishment

i.                     Convenience Store Without Gas Sales

3.                     Residential Density: Residential Density shall be no greater than thirty-two dwelling units per acre (32/DU). This density cap matches the residential density regulation as described in UDO Chapter 30-3.E.6 for the Mixed-Use District (MU).

4.                     Building Setbacks: The subject properties are located within Military Business Park, a Zero Setback Development. Where the zero-foot setback is not applied, the building setbacks for the Mixed-Use District (MU) as described in UDO Chapter 30-3.E.6 shall be applicable for all uses located on the subject properties.

 

UDO Article 30-2.C.4 authorizes conditional rezonings and establishes that any base zone may be rezoned with conditions and that these conditions may modify standards including permitted uses when mutually agreed upon. This is consistent with NCGS § 160D-703 as it allows conditional zoning districts with individualized development conditions - so long as the conditions are consistent with the Future Land Use Map Designation and reasonable to the local contexts.

 

Land Use Analysis

The Future Land Use Plan 2040 (FLUP) designations are central to policy analysis affixed by reasonableness to local contexts and service of the public good. According to the FLUP the subject property is designated as Employment Center (EC) which is defined within the plan as “High intensity nonresidential uses with high impact or likelihood for nuisance. Regional employment centers including larger industrial uses or business parks.”

 

The request intention is to maintain the base zoning district of Business Park (BP) which is an Employment Center district. One may note the “nonresidential uses” part of the definition yet the presence of Condition 2.g to permit multiple types of residential land uses and Condition 3 to establish a residential density where none existed. However, there is the argument that the focus should be on the intensity, commercial presence, and what the name implies - many employment opportunities. All things that are present within the Midtown at Coalition Master Plan for a mixed-use development based on a live, work, and play philosophy to attract residents, workers, and businesses to a shared area.

 

The downstream employment impacts are obvious as residential, hotel, and businesses all need large staff of employees to care for the development. Depending on what businesses come into development, the potential employment number potential fluctuates but is still greater than what has historically been at the site, which is zero. Owners such as Amazon, to reference the nearby facility, are few and far between. The entire Midtown at Coalition project claims significant amount of retail, work, and living space with the request being a phase of this larger project. Implications being a significant employment potential for the region to serve and function within the development.

 

Thus, it’s argued that the requested residential permitted uses not only do not offend this Employment Center designation but rather enables it.

 

Local Context

The subject property is Phase III of a multiphase development taking place adjacent to the subject site as well as longstanding and unassociated commercial developments such as the Collision Repair and Refurbishing Technology Center. While underdeveloped, the area is of commercial and mixed-use makeup experiencing rapid development with extant but unoccupied adjacent commercial properties residing between two major arterials: Bragg Blvd and the All American Freeway.

 

The adjacent road network is oriented around a large roundabout with two lanes per side and separated by a grassy median. Roundabouts are an efficient method of traffic control enabling a self-correcting traffic flow based on volume without relying on a light network or creating cascading traffic backup. The intention of the Midtown at Coalition Master Plan is for a mixed-use and walkable area meaning that once within the development, most of the traffic will be pedestrian.

 

The purpose of Condition 1 is to emphasize this by eliminating use cases that would hinder the walkability of the development as it would encourage and enable significant vehicular traffic. The collection of entitlement asks from Condition 2 is to enable a variety of business uses that are integral to a live, work, and play philosophy that are not part of the base district as standard. The focus primarily being on the recreative or “play” aspect of the development’s philosophy. Conditions 3 and 4 are to adjust the dimensional standards to match what is found in the Mixed-Use zoning district.

 

Conclusion

Overall, the request is highly reasonable given the local context and site conditions as well as is consistent with the Future Land Use intentions set by the city. While it does not serve the original vision set for the Military Business Park it serves a new vision of grand and bold design that’s equivalent.

 

The conditions requested are there to serve that new vision while maintaining the skeleton of the Military Business Park and continuity of zoning between the different phases of the Midtown at Coalition development. Precedence for this set by Phase II within Case P26-25 wherein entitlement asks were given to enable residential development while maintaining the Business Park base district. While the entitlement asks for this project are grander and more varied they are to enable to culmination of the live, work, and play philosophy of the Midtown development.

 

Budget Impact: 

Immediate (Legislative): No additional costs, collection of a $1000 application fee

Longterm (Construction): Onsite improvements are funded by the developer. City Council evaluates any potential public capital projects via budget adoption and capital investment processes.

    

Options

                     Approval (Recommended Action):

Approve the proposed conditional rezoning using the conditions as presented - find that the request is consistent with the Future Land Use Plan and is reasonable to the local context.

1.                     Prohibited Land Uses

a.                     Convenience Store with Gasoline Sales

b.                     Restaurant with Drive-Through Sales

2.                     Additional Land Uses

a.                     Parcel Services

b.                     Dwelling Unit: Live/Work, Multi-Family, and Upper Story

c.                     Animal Grooming

d.                     Food Truck Court

e.                     Sales (Including Real Estate)

f.                     Commercial Recreation - Indoor

g.                     Commercial Recreation Outdoor: Golf Driving Range, Swimming Pool - Private, Swimming Pool - Public, Other Commercial Recreation - Outdoor

h.                     Personal Services Establishment

i.                     Convenience Store Without Gas Sales

3.                     Residential Density: Residential Density shall be no greater than thirty-two dwelling units per acre (32/DU). This density cap matches the residential density regulation as described in UDO Chapter 30-3.E.6 for the Mixed-Use District (MU).

4.                     Building Setbacks: The subject properties are located within Military Business Park, a Zero Setback Development. Where the zero-foot setback is not applied, the building setbacks for the Mixed-Use District (MU) as described in UDO Chapter 30-3.E.6 shall be applicable for all uses located on the subject properties.

 

                     Approval, but with revised conditions:

Approve of the proposed conditional rezoning subject to an amended set of conditions agreed to in writing by the applicant - reflected by the adoption of an amended set of Consistency and Reasonableness Statements.

 

                     Denial:

Deny the proposed conditional rezoning - find that the request is inconsistent with the Future Land Use Plan and unreasonable to the local context.

     

Recommended Action::Recommended Action

The Zoning Commission and Professional Planning staff recommend that the City Council move to APPROVE the proposed conditional rezoning using the conditions as presented - find that the request is consistent with the Future Land Use Plan and is reasonable to the local context.

1.                     Prohibited Land Uses

a.                     Convenience Store with Gasoline Sales

b.                     Restaurant with Drive-Through Sales

2.                     Additional Land Uses

a.                     Parcel Services

b.                     Dwelling Unit: Live/Work, Multi-Family, and Upper Story

c.                     Animal Grooming

d.                     Food Truck Court

e.                     Sales (Including Real Estate)

f.                     Commercial Recreation - Indoor

g.                     Commercial Recreation Outdoor: Golf Driving Range, Swimming Pool - Private, Swimming Pool - Public, Other Commercial Recreation - Outdoor

h.                     Personal Services Establishment

i.                     Convenience Store Without Gas Sales

3.                     Residential Density: Residential Density shall be no greater than thirty-two dwelling units per acre (32/DU). This density cap matches the residential density regulation as described in UDO Chapter 30-3.E.6 for the Mixed-Use District (MU).

4.                     Building Setbacks: The subject properties are located within Military Business Park, a Zero Setback Development. Where the zero-foot setback is not applied, the building setbacks for the Mixed-Use District (MU) as described in UDO Chapter 30-3.E.6 shall be applicable for all uses located on the subject properties.

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Attachments:

1.                     Application

2.                     Aerial Notification Map

3.                     Current Zoning Map

4.                     Future Land Use Map

5.                     Site Pictures (Subject Site)

6.                     Site Pictures (Surrounding Properties)

7.                     Site Plans

8.                     Signed Consistency and Reasonableness Statements

9.                     PowerPoint