TO: Mayor and Members of City Council
THRU: Kelly Strickland - Assistant City Manager
Dr. Gerald Newton, AICP - Development Services Director
FROM: Craig Harmon - Senior Planner
DATE: August 11, 2025
RE:
Title
Approve P25-37: A request to rezone from SF-10 to Limited Commercial Conditional Zoning (LC/CZ) at 549 Stacy Weaver Drive (READ #0530028255000, and a portion of 0530120415) owned by Paul Thompson Development Corp.
end
COUNCIL DISTRICT(S):
Council District(s)
1 - Kathy Jensen
b
Relationship To Strategic Plan:
Goal II: Responsive City Government Supporting a Diverse and Viable Economy
Goal III: City Invested in Today and Tomorrow
Executive Summary:
Property owners are seeking to rezone a 2.1-acre parcel in the northwest corner of the intersection of McArthur Road and Stacy Weaver Drive from Single-Family Residential 10 (SF-10) to Limited Commercial Conditional Zoning (LC/CZ) to facilitate redevelopment of the property as a convenience store with fuel sales.
On July 8, 2025, the Zoning Commission held a legislative hearing regarding this case. The Commission voted 3-1 to recommend approval.
Background:
Owners: PAUL THOMPSON DEVELOPMENT CORP
Applicant: Patrick Budronis & Ashley Ballard, Deaco Group
Requested Action: SF-10 to LC/CZ
REID #: 0530028255000 & a portion of 0530120415000
Council District: 1 - Kathy Jensen
Status of Properties: Single Family Residential (formally used as commercial)
Size: 2.1 acres ±
Adjoining Land Use and Zoning:
North: SF-10 - Vacant & Single Family Residential
South: OI - McArthur Road and Library
East: SF-10 - Residential
West: LC - Vacant
• Annual Average Daily Traffic 2022
McArthur Rd: 15,000 & 12,500 Stacy Weaver Dr
• Postcards Mailed: 125
2040 Comprehensive Land Use Plan and Map:
Comprehensive plans and future land use maps are essential tools for guiding long-term development decisions. Fayetteville’s 2040 Comprehensive Plan, adopted in May 2020, is a product of extensive community engagement and outlines the city’s vision for future growth.
The plan designates the subject property for NMU - Neighborhood Mixed-Use development, allowing for a blend of residential and commercial uses within a walkable environment. This designation supports a mix of housing types, including multi-family, attached, and single-family homes, with varying building heights up to three stories. Lower-density development is encouraged at the area's periphery.
Issues/Analysis:
History: Cumberland County GIS records indicate the property has had a single-family home on it since at least 1968. Small scale commercial activity started on the property sometime prior to 1995.
Rezoning Request: This proposal seeks to rezone a 2.1-acres from Single-Family Residential 10 (SF-10) to Limited Commercial Conditional (LC/CZ) zoning to accommodate a proposed convenience store with fuel sales (7-Eleven gas station) as shown on the attached concept plan.
The LC/CZ zoning district permits a range of moderate-intensity commercial activities serving multiple neighborhoods, including grocery stores, gas stations, restaurants, and retail shops. This zoning category prioritizes compatibility with residential areas, discouraging high-impact commercial uses. Mixed-use development, with residential units above commercial spaces, is encouraged. The property is connected to public water and sewer infrastructure and has not been recently annexed.
The project is anticipated to promote logical and orderly growth by expanding existing commercial uses within a designated area. This rezoning would complete the land use plans designation for all four corners of this intersection to become commercial.
Conditional Zoning:
The request is for a conditional zoning from SF-10 to LC/CZ.
The purpose of the CZ zoning district is “intended to provide a landowner and the City an alternative to rezoning the land to a standard base zoning district, where the base zoning allows certain uses and development that may be appropriate but also allow uses and development that may not conform to City plans or would have adverse impacts on public facilities or surrounding lands. Reclassification of land to a conditional zoning district allows a landowner to propose, and the City Council to consider, additional conditions or restrictions on the range of allowable uses, use standards, development intensities, development standards, and other regulations applicable in the parallel base zoning district. This enables the City to tailor a zoning classification to accommodate desirable development while avoiding or addressing anticipated problems that may arise from development otherwise allowed by the base zoning district.”
Specifics of this Conditional Zoning:
Petitioner proposes that the application be granted such that the development is made in a substantially similar fashion to the Site Plan submitted. All development would still be subject to the requirements of the UDO and any agencies or boards of the City responsible for monitoring and directing development.
Conditions offered by the owner:
1. A 4 foot tall chain link fence shall be provided around the proposed storm water dry pond.
2. The storm water retention pond will be designed as a dry pond.
3. An 8 foot tall wooden privacy fence shall be located along the rear and side property lines that abut residential zoning.
4. A 20 foot undisturbed buffer with additional evergreen trees planted every 15 feet where possible shall be included along the rear property line. At a minimum, a double row of evergreen plantings spaced at 15 feet will be provided within the buffer area.
5. All site lighting shall be shielded to prevent glare and light spill over to abutting residential properties along the real property line.
The LC District is established and intended to accommodate a wider range of moderate-intensity general retail, business, and service uses that serve groups of neighborhoods instead of just an individual neighborhood-e.g., grocery stores, drugstores, large restaurants, gas stations, and higher order retail uses like specialty stores. The district is not intended to accommodate intensive commercial or other business uses. Residential uses are encouraged on the upper floors of nonresidential establishments. The district is subject to standards intended to ensure development is compatible with surrounding residential neighborhoods.
Land Use Plan Analysis:
The proposed rezoning aligns with the Future Land Use Plan’s (FLUP) vision for a mixed-use neighborhood by introducing moderate-intensity commercial development. To fully realize the FLUP’s goals, careful planning is essential to balance commercial activity with residential compatibility, address traffic concerns, and incorporate residential components. The Technical Review Committee will play a critical role in ensuring that any future development aligns with these principles.
Alignment with the 2040 Future Land Use Plan:
The proposed rezoning is consistent with the goals and strategies outlined in the 2040 Future Land Use Plan.
Strategic, Compatible Growth:
• Infrastructure Focus: The site's location along McArthur Road, is in an area with established infrastructure, aligns with the plan's emphasis on growth in well-served locations.
• Economic Development: The proposed gas store supports the plan's goal of promoting economic development by providing services to multiple neighborhoods.
• Commercial Corridor Revitalization: The project contributes to the revitalization of underutilized commercial areas by introducing a new business to the corridor.
Safe, Stable, and Attractive Neighborhoods:
• Quality Neighborhoods: The LC zoning district's emphasis on compatibility with surrounding areas supports the creation of a stable and attractive neighborhood.
• Diverse Housing Options: While the immediate proposal focuses on commercial use, the potential for future residential development above commercial space aligns with the plan's goal of promoting a mix of housing types.
Environmental Stewardship:
• Open Space Preservation: The proposal can incorporate open space elements, exceeding the plan's minimum requirement and contributing to the overall green space network.
• Connected Greenways: Future planning efforts can integrate pedestrian pathways to connect the site to existing or planned greenways.
• Resiliency and Sustainability: By incorporating advanced stormwater management techniques and considering Low Impact Development (LID) strategies, the project can significantly reduce its environmental impact and contribute to the city's resiliency goals.
Budget Impact:
No immediate budgetary issues are seen, related to this rezoning.
Options:
1. City Council moves to approve the map amendment to LC/CZ as presented, finding it consistent with the Future Land Use Plan as demonstrated in the attached consistency and reasonableness statement.
2. City Council moves to approve the map amendment to LC/CZ with additional conditions offered by the owner, finding it consistent with the Future Land Use Plan as demonstrated in the amended consistency statement.
3. City Council moves to deny the map amendment request, finding it inconsistent with the Future Land Use Plan.
Recommended Action:
The Zoning Commission and Professional Planning Staff recommends that the City Council approve the map amendment to LC/CZ. This recommendation is based on the following findings:
• The proposed zoning change aligns with the Future Land Use Plan (FLUP) and the Unified Development Ordinance (UDO).
• Permitted uses and development standards for the LC district are appropriate for the site given surrounding zoning and land uses.
• There are no anticipated negative impacts to public health, safety, morals, or general welfare.
Attachments:
1. Application
2. Aerial Notification Map
3. Zoning Map
4. Land Use Plan Map
5. Subject Properties
6. Surrounding Properties
7. Concept Plan
8. Consistency and Reasonableness Statement