TO: Mayor and Members of City Council
THRU: Kelly Strickland - Assistant City Manager
Dr. Gerald Newton, AICP - Development Services Director
FROM: Craig Harmon, CZO - Senior Planner
DATE: May 27, 2025
RE:
Title
P25-23: A request to rezone 6.7 acres from BP/CZ to BP/CZ for condition changes at Unaddressed Coalition Blvd (REID #0419014924000) owned by DEFENSE ASSET GROUP LLC.
end
COUNCIL DISTRICT(S):
Council District(s)
3 - Mario Benavente
b
Relationship To Strategic Plan:
Strategic Operating Plan FY 2022
Goals 2027
Goal II: Responsive City Government Supporting a Diverse and Viable Economy
• Objective 2.1 - To ensure a diverse City tax base
• Objective 2.4 - To sustain a favorable development climate to encourage business growth
Goal III: City invested in Today and Tomorrow
• Objective 3.2 - To manage the City's future growth and strategic land use.
Goal IV: Desirable Place to Live, Work, and Recreate
• Objective 4.5 - To ensure a place for people to live in great neighborhoods
Executive Summary:
The applicant is requesting to amend the existing conditions of the Business Park Conditional Zoning district located at the Military Business Park. The applicant is requesting to add additional permitted uses such as multi-family and personal services establishments. Additionally, the applicant would like to adjust specific design standards required by the Unified Development Ordinance.
On May 8, 2025 the City of Fayetteville’s Zoning Commission held a legislative hearing regarding this case. There were two speakers in favor and none were in opposition. At the conclusion of the hearing, the Commission voted to recommend approval of this application 5-0.
Background:
Applicant: Moorman, Kizer, and Reitzel, Inc.
Owner: Military Business Park LLC
Requested Action: Amend Business Park Conditional Zoning
Address: Unaddressed Coalition Blvd
REID #: 0419014924000
Council District: 3 - Mario Benavente
Status of Property: Vacant
Size: 6.76 acres
Adjoining Land Use & Zoning:
• North: BP/CZ - Cape Fear Industries
• South: CC - Vacant and storage facility
• East: BP/CZ - Vacant and apartments
• West: MR-5/CZ - Vacant and apartments
Annual Average Daily Traffic: Santa Fe Drive: 42,500 (2021)
Letters Mailed: 48
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 Employment Center (EC). Employment Center is intended for high-intensity uses including business parks. Areas to the south and west are intended for high-density residential as well as office/institutional.
Issues/Analysis:
History:
The Business Park Conditional Zoning district for Military Business Park was established in 2013. The original conditions primarily pertained to exterior façade standards, open space, buffers, fencing, lighting, signage, and the ratio of “core” uses to “supportive” uses in the park. The original conditional zoning did not address permitted uses. Therefore, those uses permitted in the BP district were permitted in the Military Business Park. In 2019, the conditional zoning district was amended to allow veterinary clinics and reduce the required setbacks for outdoor runs/play areas for the veterinary clinics. The Military Business Park has seen a variety of development including a large warehouse/distribution center, emergency veterinary clinic, and office buildings.
In 2021, the land immediately to the east of the Military Business Park was rezoned from Single Family 6 to Mixed Residential 5. The Future Land Use Plan also called for that land to be developed as an Employment Center.
In 2023 the property to the east of Coalition Boulevard was rezoned to amend its conditions to allow Mixed Use, Multi-family Residential, Convenience Store without Gas Sales, Personal Services Establishments, Brewpub and Parcel Services.
Surrounding Area:
The subject property is surrounded by Military Business Park to the north and east. To the east of the Military Business Park, there are 25.2 acres which were rezoned in 2021 to MR-5 to allow for the construction of apartments. Multiple apartment complexes are located on the west of the All American Expressway which bounds the subject property to the west. These complexes are zoned a combination of MR-5 and MR-5/CZ. The are two commercially zoned properties to the south - one is vacant the other has been developed as a storage facility.
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.
Conditional Zoning:
The request is to amend the existing Business Park Conditional Zoning district. The proposed conditions in this request will be in addition to the original conditions.
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 Rezoning:
The applicant is requesting an amendment to the existing Business Park Conditional Zoning district. The proposed conditions are as follows:
• Add multi-family dwellings, mixed use development, and grocery store to the permitted uses allowed within the BP/CZ for the 6.76 acre Lot 51 in the MBP.
• The current dimensional and development standards that apply for Mixed Residential 5 (RM-5) District as found in Chapter 30-3.d.5 and 30-5.H shall be applicable for the multi-family dwelling development within the MBP BP/CZ with the exception of the following recommended changes:
1.Front and corner yard setbacks for the MR-5 District found in Chapter 30-3.D.5 shall meet the minimums set forth in the MBP BP/CZ District, which are 40 instead of 25.
2.Side yard setbacks for the MR-5 District found in Chapter 30-3.D.5 shall meet the minimums set forth in the MBP BP/CZ, which are 30 instead of 10.
3.Accessory buildings are not allowed in the front, side or corner yard setback areas per the BP District as found in Chapter 30-3.E.7.A and as applicable with the MBP BP/CZ.
• The current dimensional and development standards that apply for Mixed Use (MU) District as found in Chapter 30-3.E.6 and 30-5.I.3 shall be applicable for mixed use development within the MBP BP/CZ with the exception of the following recommended changes:
1.Front and corner yard setbacks for the MU District found in Chapter 30-3.E.6 shall meet the minimums set forth in the MBP BP/CZ District, which are 40 instead of 10.
2.Side yard setbacks for the MU District found in Chapter 30-3.E.6 shall meet the minimums set forth in the MBP BP/CZ, which are 30 instead of 10.
3.Rear yard setbacks for the MU District found in Chapter 30-3.E.6 shall meet the minimums set forth in the MBP BP/CZ which are 30 instead of 10.
• In order to provide coverage for all of the potential uses in the mixed use portions of the development, the Owners would like to add the following uses to the BP/CZ for Lot 51 in the MBP as follows:
a. Convenience Store Without Gas Sales
b. Personal Services Establishments
c. Brewpub
d. Parcel Services
e. Grocery Store
Land Use Plan Analysis:
According to the Future Land Use Map & Plan, this general area is recommended to be developed as Employment Center (EC). Employment Center calls for high intensity uses such as business parks. The Future Land Use Plan also sets forth written goals, policies, and strategies. This application follows the City’s strategic, compatible growth strategies and does meet the goals of the Land Use Plan found on the attached Consistency and Reasonableness form.
Conclusion:
While the proposed conditions would allow for uses that are not directly aligned with the Land Use map, the uses will be of a size and scale that is complimentary to the area and the existing business park. Additionally, the proposed development will include uses that support the existing businesses in the area, the proposed multi-family development, and future development within and around the Military Business Park. The proposed multi-family development will add to the housing stock which is needed in Fayetteville.
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. City Council approves the amendment to the BP/CZ 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 (recommended)
2. City Council approves 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.
3. Denies the map amendment request based on the evidence submitted and finds that the map amendment is inconsistent with the Future Land Use Plan.
Recommended Action:
The Zoning Commission and Professional Planning Staff recommend that the City Council move to APPROVE the map amendment to the existing BP/CZ based on the following:
• The proposed zoning map amendment does implement the policies adopted in the Future Land Use Plan (FLUP), and those policies found in the Unified Development Ordinance (UDO). The Future Land Use Plan calls for the subject property to be developed as Employment Center (EC).
• The uses permitted by the proposed change in zoning district classification and standards apply to such uses are 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. Site Plan
8. Consistency and Reasonableness Statement