TO: Mayor and Members of City Council
THRU: Zoning Commission
FROM: Heather Eckhardt, CZO - Planner II
DATE: August 12, 2025
RE:
Title
P25-34. A request to rezone 2103 Southern Avenue (REID #0436030427000), consisting of .28 acres and owned by Roy Jeff Stultz, from Mixed Residential 5 (MR-5) to Community Commercial (CC). (Tabled from the July Zoning Commission Meeting)
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:
The applicant has requested to rezone 2103 Southern Avenue from Mixed Residential 5 (MR-5) to Community Commercial (CC). This rezoning is needed for the owner to subsequently apply for a Special Use Permit for a Day Resource Center.
Background:
Owner: Jeff Stultz
Applicant: Michael Adams of MAPS Surveying Inc.
Requested Action: MR-5 to CC
REID: 0436030427000
Status of Property: Lot with one accessory structure
Size: .28 acres
Adjoining Land Use & Zoning:
• North: MR-5 & NC - Single family residential and religious institution
• South: SF-6 - Single family residential
• East: SF-6 & MR-5 - Single family residential and vacant lot
• West: NC - Religious institution
Letters Mailed: 202
Annual Average Daily Traffic (AADT): 8,800
Land Use Plans:
With the adoption of the 2040 Comprehensive Plan: Future Land Use Map & Plan on May 26, 2020, all properties within the city limits as well as properties identified as being in the Municipal Influence Area (MIA) are subject to this plan. According to the Plan, it is recommended that this portion of the city should be developed as Neighborhood Improvement. Neighborhood Improvement areas are intended to allow higher density redevelopment and “missing middle” housing to increase private reinvestment and revitalize neighborhoods. Target areas include clusters of vacant and/or underutilized parcels.
Issues/Analysis:
History:
The subject property is located on Southern Avenue, one of the main roads in the Massey Hill neighborhood. There was a single family house located on the subject property until around 2013 when the house was demolished.
Surrounding Area:
The subject property is located within the Massey Hill neighborhood, which has deep roots in Fayetteville's textile mill history. In the early 1900s, textile mills began to open in the area, giving rise to mill villages, with Massey Hill being one of the most prominent. Today, the neighborhood retains distinct features of its mill village past, reflecting a strong sense of pride in its history.
As a mill village, Massey Hill is characterized by modest homes with simple, functional designs, typically situated on smaller lots. Over the years, some of these homes have been repurposed for other uses, such as the monument business next to the subject property. On the opposite side of Southern Avenue, there are multiple religious institutions.
Rezoning Request:
Land within the City is generally classified by the Unified Development Ordinance (UDO) to be within one of many base zoning districts. Land may be reclassified to one of several comparable zoning districts in accordance with Section 30-2.C.
Straight Zoning:
The request is for a rezoning from Mixed Residential 5 (MR-5) to Community Commercial (CC).
The Community Commercial (CC) District is established and intended to accommodate a diverse range of medium- to high-intensity retail, service, and office uses that provide goods and services serving the residents and businesses in the community at large-e.g., shopping centers, convenience stores, and retail sales establishments.
The reclassification of land to a base zoning district without conditions allows all of the uses that are shown on the Use Table taken from the UDO. The Zoning Commission may not consider conditions or restrictions on the range of allowable uses, use standards, development intensities, development standards, and other applicable regulations.
Land Use Plan Analysis:
According to the Future Land Use Map & Plan, it is recommended that this portion of the city should be developed as Neighborhood Improvement. Neighborhood Improvement areas are intended to allow higher density redevelopment and “missing middle” housing to increase private reinvestment and revitalize neighborhoods. Target areas include clusters of vacant and/or underutilized parcels.
Consistency and Reasonableness Statements:
The Future Land Use Plan also sets forth written goals, policies, and strategies. This application does not follow the City’s strategic, compatible growth strategies and does not meet the goals of the Land Use Plan found on the attached Consistency and Reasonableness form.
Conclusion:
The requested rezoning to Community Commercial is not consistent with the Neighborhood Improvement designation, which prioritizes residential reinvestment and the introduction of missing middle housing types. Community Commercial is the city's most intense commercial zoning district and permits a wide range of high-impact uses that may be incompatible with the surrounding residential character of the area. Approval of this request could introduce land use conflicts and set a precedent for future encroachment of intensive commercial development into established residential neighborhoods. For these reasons, staff does not support the rezoning request.
Budget Impact:
There is not an immediate budgetary impact but there will be an economic impact associated with this rezoning that will occur due to taxes collected in the future.
Options:
1. Denial of the map amendment request based on the evidence submitted and finds that the map amendment is inconsistent with the Future Land Use Plan. (recommended)
2. Recommends approval of the map amendment to CC as presented based on the evidence submitted and finds that the rezoning is consistent with the Future Land Use Plan as demonstrated by the attached consistency and reasonableness statement
3. Recommends approval of the map amendment to a more restrictive zoning district based on the evidence submitted and finds that the map amendment would be consistent with the Future Land Use Plan and an amended consistency statement.
Recommended Action:
The Professional Planning Staff recommend that the Zoning Commission move to DENY the map amendment to CC based on the following:
• The proposed zoning map amendment does not implement the policies adopted in the Future Land Use Plan (FLUP), and those policies found in the Unified Development Ordinance (UDO).
• The uses permitted by the proposed change in zoning district classification and standards apply to such uses are not appropriate in the immediate area of the land to be reclassified due to the existing zoning and uses surrounding this property; and
• There are no other factors that will substantially affect public health, safety, morals, 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