Skip to main content
City of Fayetteville
File #: 25-4623    Version: 1 Name: P25-19 Rezoning MR-5 to OI
Type: Consent Status: Agenda Ready
File created: 4/29/2025 In control: City Council Regular Meeting
On agenda: 5/27/2025 Final action:
Title: P25-19 - A request to rezone 439 Moore Street (REID 0437478289000) from Mixed Residential 5 (MR-5) to Office and Institutional (OI), submitted by Lynn Vick and owned by Michael P. Vick, Lynn R. Vick, and Herbert W. Vick Jr.
Attachments: 1. P25-19 Application, 2. P25-19 Aerial Notification Map, 3. P25-19 Zoning Map, 4. P25-19 Future Land Use Map, 5. P25-19 Subject Property, 6. P25-19 Surrounding Properties, 7. P25-19 Signed Consistency and Reasonableness Statements
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
No records to display.

TO:                                            Mayor and Members of City Council

THRU:                      Kelly Strickland - Assistant City Manager

                                          Dr. Gerald Newton, AICP - Development Services Director

 

FROM:                     Demetrios Moutos - Planner I

 

DATE:                      May 27, 2025

 

RE:

Title

P25-19 - A request to rezone 439 Moore Street (REID 0437478289000) from Mixed Residential 5 (MR-5) to Office and Institutional (OI), submitted by Lynn Vick and owned by Michael P. Vick, Lynn R. Vick, and Herbert W. Vick Jr.                      

end

 

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 2.1 - To ensure a diverse City tax base.

Goal III: City Invested in Today and Tomorrow

                     Objective 3.2 - To manage the City’s future growth and strategic land use.

 

 

Executive Summary:

This rezoning application requests the reclassification of a 0.20-acre parcel to the Office and Institutional (OI) zoning district. The property is currently developed with a nine-room facility formerly used as a doctor’s office, which includes a reception area, staff office, three bathrooms, a storage room, and three offices. No other structures exist on-site, though there is an adjacent vacant lot.

The surrounding area is characterized by a mix of institutional, residential, commercial, and vacant uses. Adjacent properties include a two-story boarding house and a vacant lot to the left, and a church, a florist, and an auto garage to the right-all of which are long-standing neighborhood fixtures. Across the street are a vacant church-owned lot, a vacant residence, an electrical parts shop operating for over 30 years, and a dry cleaner in business for more than a decade.

The site is served by public water and sewer and is not associated with any annexation request. No map amendment applications have been submitted for this property in the past five years.

The intent of this rezoning is to enable continued and compatible office and institutional uses that reflect the property's historic use and the area's existing character.

A legislative hearing was held by the Zoning Commission on May 8, 2025. Two individuals spoke in support of the request, and no opposition was expressed. The Commission unanimously (5-0) recommended approval of the rezoning.

 

 

Background: 

Owners: Michael P. Vick, Lynn R. Vick, and Herbert W Jr.

Applicant: Lynn Vick

Requested Action: MR-5 to OI

REID #: 0437478289000

Status of Property: Former doctor’s office with nine rooms; adjacent to empty lot.

Size: ± 0.20 acres

Surrounding Land Use & Zoning:

North: MR-5 and LC - Single-family residential and St. Luke AME Church

South: CC - Vacant property out to Rowan Street.

East: MR-5 - Two story boarding house.

West: LC and CC - Florist, Church, Auto Shop.

 

Letters Mailed: 107

 

Land Use Plans:

 

Adopted on May 26, 2020, the 2040 Comprehensive Plan guides all properties within the city limits and Municipal Influence Area (MIA). This parcel falls within a Neighborhood Mixed Use designation.

This character area supports a mix of residential and non-residential neighborhood-scale uses, including 1-3 story buildings, small-lot single-family homes, townhouses, and small-scale multifamily housing. It emphasizes horizontal and vertical integration of compatible uses.  

 

 

Issues/Analysis: 

History:

The structure has existed on the site since at least 1968. On December 19, 2001, Lynn R. Vick, as Trustee of the Herbert W. Vick Jr. Trust, conveyed her one-third interest in two tracts of land to Herbert W. Vick Jr., exercising authority under Article VII(c) of the Will. This ended the Trust’s involvement and vested ownership solely with Herbert W. Vick Jr.

The conveyance, recorded in Cumberland County, was notarized by Bruce P. Baer. No revenue stamps were affixed, and no title examination was noted.

The transferred property includes:

                     Tract One: On the southern margin of Langdon Street near Edgecombe Avenue, encompassing portions of Lots 204-212 in the Chestnut Hill Subdivision.

                     Tract Two: Located along Moore Street, including the eastern 152 feet of a larger parcel previously conveyed in 1951 and 1967.

Surrounding Area:

To the left: vacant lot and boarding house.
To the right: church, florist, and auto garage.
Across the street: vacant church lot, vacant house, electrical parts store (30+ years), dry cleaner (10+ years).

Rezoning Request:

The application seeks a "straight" rezoning from MR-5 to OI, following UDO Section 30-2.C. No conditions or limitations may be imposed beyond what is permitted in the UDO.

OI District Overview:

The Office and Institutional (OI) district supports low-intensity professional offices, institutional uses, and limited neighborhood-serving services or retail. It also allows a range of housing types, fostering proximity between residential and service uses.

These districts act as transitions between residential neighborhoods and more intensive commercial areas. Development must conform to design compatibility standards (Article 30-5), reinforcing neighborhood cohesion and appropriate scale.

Land Use Plan Analysis:

The rezoning aligns with the 2040 Future Land Use Plan’s Neighborhood Mixed Use designation and supports:

                     LU-1: Strategic Compatible Growth - The site is served by public infrastructure and supports efficient infill development (LU-1.1, LU-1.6).

                     LU-2: Economic Development - Supports jobs and local services within a walkable context (LU-2.1).

                     LU-3: Reinvestment - Reuses a vacant structure in a revitalizing area.

                     LU-4: Well-Designed Mixed-Use - Maintains character and ensures scale compatibility.

The surrounding area includes a mix of institutional, commercial, and residential uses. The proposed clinic continues this pattern and is described by the applicant as well-maintained and attractive, promoting reinvestment and community cohesion (LU-6).

Consistency and Reasonableness Statements:

This rezoning supports the 2040 Plan’s objectives by promoting:

                     Strategic and compatible land use transitions,

                     Infrastructure-efficient development,

                     Targeted reinvestment, and

                     Mixed-use compatibility.

Conclusion:

The rezoning request is consistent with the City’s Future Land Use Plan and promotes infill redevelopment, neighborhood-scaled institutional uses, and community reinvestment without introducing incompatible patterns of development.      

 

 

Budget Impact: 

There is no immediate fiscal impact. However, future tax revenue will result from the redevelopment and occupation of the site.

 

 

Options

1.                     Approve as Presented (Recommended):
Find the rezoning consistent with the 2040 Plan and approve as outlined.

2.                     Approve with More Restrictive Zoning:
Approve to a more restrictive district, subject to amended findings and statements.

3.                     Deny the Map Amendment:
Find the rezoning inconsistent with the Plan and deny the request.

 

 

 

Recommended Action: 

The Zoning Commission and Professional Planning Staff recommend approval based on the following:

                     Policy Consistency: Conforms to the Future Land Use Plan and UDO objectives.

                     Contextual Appropriateness: Compatible with the area’s built environment and development pattern.

                     Public Interest: Advances community health, stability, and vitality without adverse impacts.

 

 

Attachments:

                     Plan Application

                     Aerial Notification Map

                     Zoning Map

                     Land Use Plan Map

                     Subject Property Photo

                     Surrounding Property Photos

                     Signed Consistency and Reasonableness Statement