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: June 23, 2025
RE:
Title
Approve P25-27: A rezoning request from SF-6 to MR-5/CZ at 230 Pinecrest Drive (0427452719000), owned by WMG Investments LLC and represented by Charles Grannis
end
COUNCIL DISTRICT(S):
Council District(s)
5 - Lynne Greene
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:
The applicant, WMG Investments LLC, has submitted a request to rezone a 2.88-acre parcel located within the city limits of Fayetteville to MR-5/CZ (Mixed Residential 5-Conditional Zoning). This request intends to establish conditional zoning to allow for the continued use of an existing 32-unit multifamily apartment complex currently occupying the site. No new development, expansion, or changes to the site operations are proposed. The site includes 16,686 square feet of nonresidential space, though it will remain functionally residential.
The requested MR-5/CZ zoning would formalize the existing multifamily use under the current framework of the Unified Development Ordinance. The applicant proposes a single condition: limited property use as a multifamily apartment complex. There are no proposed changes to the site’s buildings, site improvements, activities, or hours of operation.
Surrounding properties are predominantly residential. Adjacent zoning includes Single-Family 6 (SF-6), Single-Family 10 (SF-10), and Single-Family 15 (SF-15) districts. Additionally, an MR-5-zoned apartment complex is located less than 1,000 feet to the north, indicating a pattern of mixed residential intensity within the area.
No neighborhood meeting was held before this request. Planning staff has assessed the request for consistency with the City’s Land Use Plan, evaluated compatibility with surrounding development, and provided recommendations accordingly.
The Zoning Commission unanimously recommended approval of the map amendment on June 10, 2025.
Background:
Owners: WMG Investments LLC
Applicant: Charles Grannis
Requested Action: SF-6 to MR-5/CZ
REID #: 0427452719000
Status of Property: Developed - Existing 32-unit apartment complex
Size: ± 2.88 acres
Surrounding Land Use & Zoning:
• North: MR-5 - Apartment complex (within 1,000 feet)
• South: SF-15 - Single-Family Residential
• East: SF-6 - Single-Family Residential
• West: SF-15 - Single-Family Residential
Letters Mailed: 281
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 subject to the land use guidance established by the Plan’s long-term vision.
The subject area is designated for both Low-Density Residential (LDR) and Medium-Density Residential (MDR) development:
• Low-Density Residential (LDR) is characterized primarily by single-family homes, with occasional accessory dwelling units, duplexes (if contextually appropriate), or townhomes in isolated instances. Typical development ranges from 1 to 4 dwelling units per acre, with a suburban form, automobile-oriented layout, and access to full utility services.
• Medium-density residential (MDR) supports a broader mix of housing types, including single-family homes on smaller lots, duplexes, townhomes, and low-rise apartment buildings. Densities typically range from 3 to 6 dwelling units per acre. While still largely auto-oriented, MDR areas often feature walkable neighborhood designs with proximity to destinations and services.
This mix of LDR and MDR designations reflects a policy intent to support context-sensitive residential development that balances neighborhood character with increased housing options and infrastructure efficiency.
Issues/Analysis:
History:
The subject property has been developed and used as a 32-unit apartment complex for over 40 years. The development predates modern zoning classifications and continues to operate as a multifamily residential use within a predominantly single-family context.
According to Cumberland County deed records, property ownership was transferred from Winifred McBryde Grannis to WMG Investments, LLC via a General Warranty Deed recorded on September 20, 2022 (Book 12066, Page 354). The deed identifies the property as composed of multiple tracts totaling approximately 2.88 acres, located west of Pinemere Drive and formerly known as Grace Street, as shown on plats recorded in Plat Book 12, Page 53 and Plat Book 20, Page 146, among others.
The property’s legal description spans three distinct tracts within or adjacent to the M.W. Walker Subdivision and the Varsity Hills Subdivision. Historical records in the deed trace title to prior conveyances, including a transfer to Edward W. Grannis, Jr., and wife Winifred McBryde Grannis by deed dated July 28, 1998, recorded in Book 3405, Page 0127.
The current rezoning request aims to bring the site's zoning designation into conformity with its longstanding multifamily use, consistent with the City’s long-range land use policies. No new development is proposed.
Surrounding Area:
The subject property is located west of Pinecrest Drive and south of Blueridge Road, in a primarily residential area of the City. The area exhibits a mix of low-and moderate-density residential development, consistent with the 2040 Comprehensive Plan and the Future Land Use Map designations for this portion of the city.
To the north, less than 1,000 feet away, lies a multifamily apartment complex zoned MR-5, establishing a precedent for medium-density residential development in the immediate vicinity. This reinforces the compatibility of the subject property’s continued multifamily use within the evolving residential context.
The adjacent parcels to the east are zoned Single-Family Residential 6 (SF-6). This district principally allows single-family detached homes at moderate densities but also accommodates a broader mix of housing types, including duplexes, townhomes, and zero-lot-line development, when designed to meet ordinance standards. The SF-6 district is intended to support neighborhood diversity while preserving a quiet, residential character.
The surrounding properties to the south and west fall within the Single-Family Residential 15 (SF-15) district. SF-15 is designed to accommodate low-density, single-family detached homes while also permitting two-to four-family dwellings that maintain the appearance of single-family residences. This zoning district emphasizes a more suburban development pattern with larger lots and is intended to preserve neighborhood tranquility and cohesive residential form.
While the broader area remains auto-oriented, the zoning context reflects a gradual transition toward more diverse housing options. The presence of both SF-6 and SF-15 districts, in combination with nearby MR-5 zoning, creates a layered residential environment where the subject property - an established 32-unit apartment complex - is located. It offers a compatible housing type that complements the city’s goals for context-sensitive infill and housing variety without introducing land use conflicts.
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 SF-6 (Single-Family Residential 6) to MR-5/CZ (Mixed Residential 5 - Conditional Zoning) to allow for the continued use of the existing 32-unit apartment complex located on the ~2.88-acre subject property. No physical expansion, redevelopment, or change in land use is proposed. The request intends to establish a zoning designation that more accurately reflects the long-standing multifamily use of the site, which has been in continuous operation for over 40 years.
As part of the conditional rezoning request, the applicant has proposed limiting the number of dwelling units on the property to the existing 32 units. This condition serves two key purposes: first, it formalizes the existing density to ensure regulatory consistency with the Unified Development Ordinance (UDO); second, it provides a binding limitation that prevents future site intensification without a subsequent rezoning action. This approach helps ensure compatibility with the surrounding single-family neighborhoods while acknowledging the established residential pattern of the surrounding area.
The MR-5 district is intended to accommodate a broad mix of housing types - including multifamily dwellings - at moderate to high densities, aligning with the existing site development. By capping the number of permitted units, the proposed MR-5/CZ district achieves the flexibility envisioned in the base district while preserving the current scale and character of the neighborhood. It also avoids introducing the potential for increased density or unrelated commercial activity, as might otherwise be allowed under general MR-5 zoning.
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.
Land Use Plan Analysis:
The subject property is designated for Low-Density Residential (LDR) and Medium-Density Residential (MDR) development on the City’s 2040 Future Land Use Map, adopted in May 2020. The continued use of the site as a 32-unit apartment complex, with no proposed expansion or redevelopment, is consistent with the intent and guiding policies of the Future Land Use Plan.
Under the Plan, Low-Density Residential areas are characterized by single-family homes, accessory dwellings, and, in some cases, duplexes or townhomes. On the other hand, medium-density residential areas support a broader mix of housing types - including townhomes, duplexes, and low-rise multifamily apartments - typically at densities ranging from 3 to 6 dwelling units per acre. While the site’s current use technically exceeds these thresholds, its longstanding operation as a moderate-scale apartment complex aligns with the Plan’s goals to support context-sensitive infill, housing diversity, and neighborhood stability.
The rezoning to MR-5/CZ, with a condition limiting the site to the existing 32 dwelling units, reinforces these objectives by formalizing a use that already functions compatibly within the neighborhood fabric. It prevents future site intensification while ensuring regulatory alignment with existing conditions. This 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.
Additionally, by stabilizing an existing residential asset without increasing density or altering the site’s physical character, the request supports LU-4 and LU-6, promoting well-designed, walkable residential areas and preserving safe, stable, and attractive neighborhoods.
Consistency and Reasonableness Statements:
The proposed conditional rezoning from SF-6 to MR-5/CZ is consistent with the City of Fayetteville’s 2040 Future Land Use Plan, which designates the area for Low- and Medium-Density Residential development. 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. Limiting the use of the property to the existing 32-unit apartment complex ensures no increase in density and maintains compatibility with surrounding single-family zoning. The request is reasonable and in the public interest as it formalizes a long-established residential use, reinforces neighborhood stability, and upholds the character and planning vision for the area.
Conclusion:
The requested conditional rezoning from SF-6 to MR-5/CZ represents a practical and policy-consistent action that aligns a long-standing multifamily use with the City’s zoning framework and adopted land use vision. By capping the number of dwelling units at the existing 32, the request preserves the current scale and intensity of development while maintaining compatibility with surrounding residential uses. The proposal supports the 2040 Future Land Use Plan’s goals for context-sensitive infill, neighborhood stability, and housing diversity. It does not introduce new development or infrastructure burdens and provides regulatory clarity for an established residential asset. This rezoning strengthens predictability for the city and neighboring property owners, ensuring that the site contributes positively to the surrounding community, consistent with Fayetteville’s long-term growth strategy.
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 City Council approves the proposed conditional rezoning from SF-6 to Mixed Residential 5 - Conditional Zoning (MR-5/CZ), subject to the condition limiting the site to 32 dwelling units. The Council 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 City Council approves the proposed conditional rezoning, subject to revised or additional conditions agreed to in writing by the applicant. Based on the evidence presented, the Council 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. Approve with a Reduction in Area: The City Council approves a modified version of the proposed conditional rezoning that includes a reduction in the subject property's area. The Council finds that such a modification maintains consistency with the adopted Future Land Use Plan and addresses concerns related to site scale and surrounding development patterns, subject to an amended Consistency and Reasonableness Statement.
4. Deny the Application: The City Council denies the proposed conditional rezoning. Based on the evidence and testimony provided during the legislative hearing, the Council 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:
The Zoning Commission and Professional Planning Staff recommends that the City Council approve the proposed map amendment from Single-Family Residential 6 (SF-6) 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 Low- and Medium-Density Residential development. The MR-5 district, when limited to the existing 32 dwelling units as proposed, 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 MR-5/CZ zoning formalizes a long-standing multifamily use on the property for over 40 years. The surrounding area contains a mix of single-family and multifamily housing, with MR-5 zoning within 1,000 feet to the north. By imposing a condition that limits density to the existing 32 units, the rezoning balances compatibility with nearby single-family zoning districts (SF-6 and SF-15) and ensures no new development intensity or land use changes will occur without further public review.
• Public Interest: The request does not involve any new construction or site modifications and will not increase demands on public infrastructure or services. Instead, it provides regulatory clarity for a legally nonconforming development and supports continued use of an established residential asset. The rezoning promotes predictability for neighboring property owners and upholds the City’s goals for stable, walkable, and diverse neighborhoods without adverse impacts to public health, safety, 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. Consistency and Reasonableness Statement
8. Site Plan