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
P25-21: A request to rezone 116 Broadfoot Avenue (REID 0427956296000) from Office and Institutional (OI) to Neighborhood Commercial (NC). The property is owned by Stew-Fox, LLC and is represented by George Regan, Jr. of Thorp and Clarke, PA.
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:
On May 8, 2025, the Zoning Commission held a public hearing and reviewed a request to rezone approximately 0.35 acres at 116 Broadfoot Avenue from Office and Institutional (OI) to Neighborhood Commercial (NC). The Commission unanimously voted to recommend approval (5-0).
The site is currently occupied by an outdoor store operating from a converted single-family structure and is surrounded by compatible commercial and institutional uses. It is located in Fayetteville’s Haymount area, within a designated Neighborhood Mixed Use node per the 2040 Future Land Use Plan. The requested rezoning aligns with the area’s character, supports pedestrian-scale development, and reinforces ongoing revitalization efforts in this key urban corridor.
The rezoning would formalize the longstanding commercial use of the site, facilitate neighborhood-scale commercial activity, and is not expected to generate any adverse impacts.
Background:
Owners: Stew-Fox, LLC
Applicant: George Regan, Jr.
Requested Action: OI to NC
REID #: 0427956296000
Status of Property: Insurance agency in an originally single-family residence.
Size: ± 0.35 acres
Surrounding Land Use & Zoning:
• North: LC - Commercial
• South: OI - Commercial
• East: CC and LC - Commercial
• West: MR-5 - Residential
Letters Mailed: 218
Land Use Plans:
The 2040 Comprehensive Plan, adopted on May 26, 2020, guides all development within the city and its Municipal Influence Area (MIA). This property is located in an area designated for Neighborhood Mixed Use development.
Neighborhood Mixed Use areas are meant to support small-scale commercial activity alongside residential uses. These areas typically include a mix of housing types and businesses within walkable neighborhoods, with buildings ranging from one to three stories. Lower-density housing is encouraged along the edges to remain compatible with surrounding development.
Issues/Analysis:
History:
The property at 116 Broadfoot Avenue was sold to Stew-Fox, LLC on May 13, 2021, by Fair Oaks Partners, LLC. The site is about 0.35 acres and has been used as a commercial office for over 30 years, although it was originally a single-family home. It sits in a commercially active area near a brewery and several professional offices. The recorded deed notes that the property is subject to standard title exceptions, including applicable zoning ordinances - meaning all current and future land use regulations adopted by the City of Fayetteville will continue to govern how the property may be used and developed.
Surrounding Area:
The property is surrounded by a mix of established commercial and professional uses. Across the street are an engineering firm and a law office. On one side is a medical office owned by one of the applicants, and on the other side is a First Citizens Bank. The broader Haymount area includes restaurants, bars, and a local theatre. The Truck Stop brewery is located about 200 feet from the site. This area is becoming a lively entertainment and retail corridor, and the zoning in the area supports small-scale, neighborhood-friendly commercial uses.
Rezoning Request:
Land within the City is primarily regulated through the base zoning districts established by the Unified Development Ordinance (UDO). Property reclassification to a comparable zoning district may be pursued following the procedures outlined in Section 30- 2. C of the UDO, which governs map amendments and ensures consistency with the City’s planning framework and regulatory standards.
Straight Zoning:
The request is for a rezoning from OI to NC.
The Neighborhood Commercial (NC) District is designed to support small-scale, low-impact retail and service businesses that primarily serve the nearby residential community - such as personal care services, small eateries, and limited retail shops. It aims to maintain a scale that fits within a residential setting and discourages businesses that would generate significant outside traffic. Any new retail use larger than 2,500 square feet requires a Special Use Permit. The district also promotes residential units above commercial spaces and enforces development standards to ensure compatibility with the surrounding neighborhood and alignment with the design guidelines outlined in Article 30-5.
Reclassifying land to a base zoning district without conditions permits the full range of uses identified in the Unified Development Ordinance (UDO) Use Table for that district. In such cases, the Zoning Commission is not authorized to impose conditions or limitations related to allowable uses, specific use standards, development intensity, dimensional requirements, or any other applicable regulatory provisions. All standards and entitlements associated with the zoning classification apply as adopted in the UDO, without modification.
Land Use Plan Analysis:
The 2040 Future Land Use Plan designates the subject site as Neighborhood Mixed Use, encouraging low-intensity commercial activity integrated with residential uses. The NC district is intended to support small-scale businesses that serve surrounding neighborhoods, and the subject property meets that intent.
The site is near medical offices, a law firm, a bank, and The Truck Stop Brewery, and is part of a growing walkable district. The rezoning supports strategic infill (LU-1.7), promotes pedestrian activity centers (LU-2.1, LU-4.2), and aligns with city infrastructure investments (LU-1.1, LU-1.6).
Consistency and Reasonableness Statements:
This rezoning request is consistent with the Future Land Use Plan and promotes orderly development patterns. It supports mixed-use compatibility, aligns with surrounding zoning and land use, and contributes to the revitalization of Haymount as a vibrant urban node.
Conclusion:
The rezoning is consistent with City policies and represents a logical step toward realizing the vision for Haymount as outlined in the FLUP. The change will enhance neighborhood character, promote compatible growth, and strengthen economic vitality without compromising adjacent uses or community values.
Budget Impact:
No immediate budgetary impact. Future development may increase property tax revenue.
Options:
1. Approve the Rezoning as Presented (Recommended Action): Based on the findings of fact and evidence presented, the City Council moves to approve the proposed map amendment to the Neighborhood Commercial (NC) district. The Council finds the proposed rezoning consistent with the City’s adopted Future Land Use Plan, as outlined in the attached Consistency and Reasonableness Statement.
2. Approve the Rezoning with a More Restrictive Zoning Classification: The City Council moves to approve a more restrictive zoning district than initially requested. Based on the evidence presented, the Council finds that such a modification would maintain consistency with the adopted Future Land Use Plan, subject to an amended Consistency and Reasonableness Statement.
3. Deny the Rezoning Request: The City Council moves to deny the proposed map amendment. Based on the evidence and testimony presented, the Council finds that the requested zoning is inconsistent with the Future Land Use Plan and does not support the City’s land use policy objectives.
Recommended Action:
The Zoning Commission and Planning Staff recommend that the City Council approve the proposed map amendment to the Neighborhood Commercial (NC) zoning district, based on the following findings:
• Policy Consistency: The proposed zoning classification is consistent with the adopted Future Land Use Plan (FLUP) and supports the goals and policies of the Unified Development Ordinance (UDO). It encourages strategic infill development, reinforces a mixed-use neighborhood node, and contributes to the City’s long-term planning vision for the Haymount district.
• Contextual Appropriateness: The surrounding area includes a balanced mix of institutional, commercial, and low-intensity residential uses. The proposed rezoning represents a logical transition that complements adjacent uses and zoning designations, formalizing a longstanding commercial use in a manner consistent with the surrounding development pattern.
• Public Interest: The proposed amendment poses no adverse impacts to public health, safety, or general welfare. Instead, it facilitates the adaptive reuse of existing infrastructure, supports pedestrian-oriented activity, and strengthens the economic vitality of an established urban corridor without introducing incompatible development forms.
Attachments:
1. Plan Application
2. Aerial Notification Map
3. Zoning Map
4. Land Use Plan Map
5. Subject Property
6. Surrounding Property Photos
7. Signed Consistency and Reasonableness Statement