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: May 27, 2025
RE:
Title
P25-13: Notice of Appeal of a request to rezone from SF-10 to LC at 549 Stacy Weaver Drive (REID #0530028255000, and a portion of 0530120415000) owned by Paul Thompson Development Corp. (Appeal of a Zoning Commission Denial)
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 (LC) to facilitate redevelopment of the property.
On April 8, 2025, the City of Fayetteville’s Zoning Commission held a legislative hearing regarding this case. There were two speakers in favor and two in opposition. At the conclusion of the hearing, the Commission voted to recommend denial of this application 3-2.
Background:
Owners: PAUL THOMPSON DEVELOPMENT CORP
Applicant: Patrick Budronis & Ashley Ballard, Deaco Group
Requested Action: SF-10 to LC
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 (LC) to accommodate a proposed 7-Eleven gas station as shown on the attached concept plan. However, please keep in mind that once rezoned all uses allowed in the LC district could be built there.
The LC 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.
Straight Zoning: This request is for a direct rezoning of the property from Single-Family Residential 10 (SF-10) to Limited Commercial (LC) without any conditions. Rezoning reclassifies the land, allowing for the uses specified in the Unified Development Ordinance’s (UDO) Use Table for the LC zoning category. The City Council cannot impose additional restrictions or requirements on permitted uses, building size, or other development standards.
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 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 a more restrictive zoning district, 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 denied the map amendment to LC. That decision was based on the following:
• According to the motion to deny by the Zoning Commission “the proposed zoning change is not consistent with the Future Land Use Plan (FLUP). because is does not encourage growth in the area well-served by infrastructure, and urban services, including roads, utilities, parks, schools, police, fire, and emergency services, because several gas stations are already in the area, and building another one would not help the community. It does not encourage intense uses, greater mix uses, and denser residential types in key focal areas, because although Fayetteville is 500 houses short, they are building a gas station. It does not meet goals #1 and #4 because building another gas station does not make the area attractive. It is inconsistent with the proposed land use and does not align with the Future Land Use Plan. The designation as requested would permit uses that are incongruous to those existing on adjacent tracts. And it does not align with the consistency and reasonable statements”.
Attachments:
1. Plan 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
9. Notice of Appeal
10. Draft Minutes
11. PowerPoint