TO: Mayor and Members of City Council
THRU: Zoning Commission
FROM: Demetrios Moutos - Planner I
DATE: June 10, 2025
RE:
Title
P25-18: A rezoning request from SF-6 to MR-5 at 1055 McArthur Road (0520932274000), owned by McFayden Ventures LLC and represented by Lori Epler of Larry King & Assoc.
end
COUNCIL DISTRICT(S):
Council District(s)
1 - Mayor Pro Tem Kathy Jensen
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 requests rezoning a 0.20-acre vacant parcel located at 1055 McArthur Road (PIN 0520932274000) in the City of Fayetteville, Cumberland County, North Carolina. The proposed amendment seeks to rezone the property to the Mixed Residential 5 (MR-5) zoning district. The site is currently undeveloped and is served by public water and sewer utilities. This request is a straight rezoning and, if approved, would entitle the property to the full range of uses and development standards permitted within the MR-5 district, as defined in the Unified Development Ordinance (UDO).
The surrounding land uses and zoning context include:
• North: North Carolina Department of Transportation (NCDOT) property.
• East and South: Residential properties developed with duplexes.
• West (across McArthur Road): Single-family residential dwellings and other parcels under the jurisdiction of the City of Fayetteville.
The parcel has not been subject to any prior map amendment applications within the past five years and is not associated with any annexation requests. This rezoning is being processed through the standard staff review workflow.
Background:
Owners: McFayden Ventures LLC
Applicant: Lori Epler
Requested Action: SF-6 to MR-5
REID #: 0520932274000
Status of Property: Vacant
Size: ± 0.20 acres
Surrounding Land Use & Zoning:
• North: NCDOT property
• South: Duplexes
• East: Duplexes
• West (across McArthur Road): Single-family residential and City of Fayetteville property
Letters Mailed: 151
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-and those within the Municipal Influence Area (MIA)-are now guided by its vision. This particular portion of the city is designated for Medium-Density Residential development.
Medium-density residential (MDR) primarily comprises single-family neighborhoods on small lots, typically supporting 3 to 6 dwellings per acre. Duplexes and townhomes are commonly integrated throughout, with the potential for low-rise apartment buildings. While the area is largely auto-oriented, some neighborhoods offer walkable environments and nearby destinations.
Issues/Analysis:
History:
On March 21, 2025, Henry M. Colvin and his wife, Tamara C. Colvin, conveyed the subject property to McFayden Ventures LLC through a General Warranty Deed. The property, identified as Lot 75 in the McArthur Place, Section One Revised subdivision, was transferred in fee simple, meaning the buyer received full ownership with a clear title and no encumbrances, except as otherwise noted. The transaction was formalized for a recorded excise tax of $60.00 and did not involve the grantors’ primary residence. The deed was prepared by Corcoran Law NC and recorded with the Cumberland County Register of Deeds on March 24, 2025.
Surrounding Area:
The property is located in a predominantly residential area on the north side of Fayetteville. It is bordered by established duplexes to the east and south, reflecting a moderate-density housing pattern. Directly north lies property owned by the North Carolina Department of Transportation (NCDOT), which provides a buffer between the subject site and nearby transportation infrastructure. Across McArthur Road to the west, the land is characterized by single-family homes and parcels under the jurisdiction of the City of Fayetteville, contributing to a mix of residential uses. The surrounding development pattern is consistent with the area’s designation as Medium Density Residential. To the northwest, plans have been submitted for the McArthur Road Sports Complex, which includes ball fields, batting cages, concessions, and associated parking facilities.
Military Compatibility Considerations:
The subject property is located within Accident Potential Zone I (APZ I) associated with Fort Bragg. Based on the Fort Bragg - Joint Land Use Study (JLUS) maps and planning data, staff has confirmed that the site falls within this designation. APZ I is identified in the 2018 JLUS as an area where the potential for aircraft-related accidents is elevated due to proximity to active flight paths. While development is not prohibited in APZ I, the Department of Defense and JLUS guidelines recommend limiting the intensity of residential uses and discouraging uses that concentrate large numbers of people in one location.
The City of Fayetteville’s Future Land Use Plan incorporates these considerations through Policy LU-11, discouraging higher-intensity residential development and gathering places within Noise-Accident Potential (NPO) areas. Specifically, it recommends adhering to density limitations and avoiding uses such as clubhouses and other congregate facilities.
The MR-5 zoning district permits a range of moderate- to high-density residential uses; however, due to the size of the subject parcel (approximately 0.20 acres), development capacity is significantly limited. If rezoned, the most likely outcome is the construction of a single duplex, consistent with surrounding development patterns. No gathering places or large-scale residential projects are proposed or anticipated.
Future development on this site should be evaluated in light of its APZ I location, and staff will continue to reference JLUS guidance and applicable land use policies to ensure long-term compatibility with Fort Bragg’s mission.
Rezoning Request:
Land within the City is primarily governed by the base zoning districts established in the Unified Development Ordinance (UDO). When a change in zoning is desired, property owners may seek reclassification to a comparable district through the map amendment process outlined in Section 30- 2. C of the UDO. This procedure ensures that all rezoning actions align with the City’s comprehensive planning goals and adhere to its regulatory standards.
Straight Zoning:
The request is for a rezoning from SF-6 to MR-5.
The Mixed Residential 5 (MR-5) zoning district in Fayetteville is designed to accommodate a broad range of housing types at moderate to high densities, including single-family detached and attached homes, duplexes, triplexes, quadplexes, and multifamily developments. It also allows for zero lot line developments and live/work units, with additional flexibility granted to sustainable development projects. MR-5 permits accessory uses like daycares, religious institutions, and small-scale neighborhood retail, provided they align with the ordinance’s design standards. The district supports up to 20 dwelling units per acre - or 24 units per acre if the site abuts an arterial, collector, or major street. Building heights may reach up to six stories or 75 feet, and front setbacks are generally 25 feet, with reduced setbacks possible for pedestrian-friendly designs. These provisions make MR-5 ideal for creating compact, diverse residential environments that integrate well with the surrounding urban fabric.
Reclassifying land to a base zoning district without conditions entitles the property to the full range of uses and development rights specified for that district in the Unified Development Ordinance (UDO) Use Table. In these instances, the Zoning Commission has no authority to impose conditions or limitations related to permitted uses, use-specific standards, development intensity, dimensional requirements, or any other applicable regulations. All standards and entitlements established for the zoning district apply in full, as adopted in the UDO, without alteration.
Land Use Plan Analysis:
The subject property is designated as Medium Density Residential (MDR) in the City of Fayetteville’s Future Land Use Plan. This designation supports residential development at densities ranging from 3 to 10 units per acre. It encourages a mix of housing types - duplexes, townhomes, and low-rise multifamily dwellings - in walkable, context-sensitive patterns. The proposed rezoning to Mixed Residential 5 (MR-5) is consistent with this designation, as the MR-5 district is expressly intended to support moderate to high-density housing options that include two- to four-family dwellings and single-family attached units.
The property’s location is well-suited for this level of development. It is currently vacant, with existing duplexes on adjacent parcels east and south, and single-family housing across McArthur Road. This surrounding mix aligns with the City’s Future Land Use Plan goals to promote strategic, compatible growth (LU-1), encourage diverse housing types (LU-7), and support infill and redevelopment in urbanized areas where infrastructure is already in place. Moreover, the rezoning supports Goal #4 of the Land Use Plan, which seeks to foster safe, stable, and attractive neighborhoods. This action contributes to incremental density without altering the area’s existing character by enabling a second residential unit on the parcel. The site’s access to public water and sewer further reinforces its readiness for development under MR-5 standards.
The property is also located within Accident Potential Zone I (APZ I) associated with Simmons Army Airfield. While APZ I is identified in the 2018 Fort Bragg Joint Land Use Study (JLUS) as an area where residential development should be limited in intensity, the size of this parcel - approximately 0.20 acres - naturally constrains development potential to likely no more than a single duplex. This scale does not constitute high-intensity use or introduce group-oriented facilities or gathering places. Accordingly, the rezoning is not inconsistent with LU-11.1 and LU-11.4, which recommend discouraging high-density and congregate uses in APZs. Furthermore, the proposal aligns with LU-12.5, which encourages coordination with the military and housing developers to support the provision of high-quality, small-scale housing options near Fort Bragg. Staff will continue referencing JLUS guidance and City land use policies to ensure compatibility with the installation’s mission as development proceeds.
Consistency and Reasonableness Statements:
The Future Land Use Plan articulates the City’s long-term vision for growth by identifying preferred development patterns and a coordinated set of goals, policies, and implementation strategies. This rezoning request is consistent with the Plan’s designation of the subject property as Medium Density Residential (MDR), which encourages a diverse mix of housing types, including duplexes and other moderate-density residential forms. The proposed MR-5 zoning district aligns with these objectives by enabling two-family residential development on a vacant parcel surrounded by existing duplexes and single-family homes. The site is already served by public water and sewer infrastructure, supporting the Plan’s goal of directing growth to areas with adequate urban services. This rezoning promotes logical infill, enhances housing options, and complements the surrounding built environment, reinforcing the City’s commitment to fostering safe, stable, and well-connected neighborhoods.
The proposed rezoning is also not inconsistent with LU-11 and LU-12, which address compatibility with Fort Bragg’s operations while supporting a variety of small-scale housing options near the installation.
Conclusion:
The requested rezoning aligns with the City’s adopted Land Use Plan and policy objectives. It promotes infill development, utilizes existing infrastructure, enhances housing choice, and respects the surrounding residential context, making it a logical and appropriate zoning transition for this site.
Budget Impact:
There is no immediate budgetary impact, but there will be an economic impact associated with this rezoning due to taxes collected in the future.
Options:
1. Recommend Approval as Presented (Recommended Action): Based on the evidence presented, the Zoning Commission recommends approving the proposed map amendment to the Mixed Residential 5 (MR-5) district. The Commission finds the proposed rezoning consistent with the City’s adopted Future Land Use Plan, as outlined in the attached Consistency and Reasonableness Statement.
2. Recommend Approval with a More Restrictive Zoning Classification: The Zoning Commission recommends approval of the proposed map amendment to a more restrictive residential zoning district than initially requested. Based on the evidence presented, the Commission finds that such a modification would preserve consistency with the adopted Future Land Use Plan, subject to an amended Consistency and Reasonableness Statement.
3. Recommend Denial of the Map Amendment: The Zoning Commission recommends denial of the proposed map amendment. Based on the evidence and testimony, the Commission finds that the requested zoning is inconsistent with the Future Land Use Plan or the City’s long-term land use policy objectives.
Recommended Action:
The Professional Planning Staff recommends that the Zoning Commission recommend approval of the proposed map amendment to the Mixed Residential 5 (MR-5) zoning district, based on the following findings:
• Policy Consistency: The proposed zoning classification is consistent with the City’s adopted Future Land Use Plan (FLUP), which designates this area for Medium Density Residential development. The MR-5 district supports this vision by allowing a range of housing types, including duplexes, and aligns with UDO policies that promote diverse, compact, and well-connected neighborhoods.
• Contextual Appropriateness: The permitted uses and development standards within the MR-5 district are compatible with the surrounding land use pattern, which includes existing duplexes to the east and south and single-family homes across McArthur Road. The rezoning represents a logical extension of the area’s residential character and supports the continuation of moderate housing.
• Public Interest: The proposed amendment is not anticipated to adversely impact public health, safety, or general welfare. Instead, it enables the productive reuse of a vacant infill parcel served by the existing infrastructure, enhances housing availability, and contributes positively to the stability and vibrancy of the neighborhood.
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. APZ Map