TO: Mayor and Members of City Council
THRU: Zoning Commission
FROM: Demetrios Moutos - Planner I
DATE: May 8, 2025
RE:
Title
P25-19: A request to rezone 439 Moore Street (REID 0437478289000) from Mixed Residential 5 (MR-5) to Office and Institutional (OI), owned by Michael P. Vick, Lynn R. Vick, and Herbert W Jr.
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:
This rezoning application requests the reclassification of a 0.20-acre parcel to the Office and Institutional (OI) zoning district. The subject property is currently developed with a nine-room facility previously utilized as a doctor’s office. The structure includes a reception area, staff office, three bathrooms, a storage room, and three offices. No other structures exist on-site, apart from an adjacent empty lot.
The surrounding area is characterized by a mix of institutional, residential, commercial, and vacant uses. Immediately adjacent to the site are a vacant lot and a two-story boarding house to the left; to the right, there is a church, a florist, and an auto garage - all long standing neighborhood fixtures. Across the street lies a vacant church-owned lot, a vacant house, an electrical parts business in operation for over 30 years, and a dry-cleaning service active for over a decade.
This application is not tied to any annexation request and the site is currently served by public water and sewer infrastructure. No map amendment applications have been filed for the property in the past five years.
The proposed rezoning is intended to allow for continued and compatible office and institutional uses that reflect both the historic use of the property and the character of the surrounding area.
Background:
Owners: Michael P. Vick, Lynn R. Vick, and Herbert W Jr.
Applicant: Lynn Vick
Requested Action: MR-5 to OI
REID #: 0437478289000
Status of Property: Former doctor’s office with nine rooms; adjacent to empty lot.
Size: ± 0.20 acres
Surrounding Land Use & Zoning:
North: MR-5 and LC - Single-family residential and St. Luke AME Church
South: CC - Vacant property out to Rowan Street.
East: MR-5 - Two story boarding house.
West: LC and CC - Florist, Church, Auto Shop.
Letters Mailed: 107
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 Neighborhood Mixed Use development.
Neighborhood Mixed Use areas are intended to support neighborhood-scale commercial activity, with a horizontal mix of residential and non-residential uses, and vertical integration in key nodes. Development is envisioned to include buildings ranging from one to three stories, incorporating smaller-scale multifamily housing, townhomes, and small-lot single-family homes, with lower densities transitioning along the edges to maintain compatibility with adjacent uses.
Issues/Analysis:
History:
Based on aerial imagery, the structure has been on the lot since at least 1968. On December 19, 2001, Lynn R. Vick, acting as Trustee of the Herbert W. Vick Jr. Trust established under the Last Will and Testament of Herbert W. Vick, conveyed her one-third undivided interest in two parcels of land to Herbert W. Vick, Jr. This conveyance was made pursuant to the authority granted to her under Article VII(c) of the Will, which allowed the Trustee to terminate the Trust and distribute its assets. The transfer effectively removed the Trust’s interest in the property and vested it solely in Herbert W. Vick, Jr.
The deed was recorded in the Cumberland County Register of Deeds and was notarized by Bruce P. Baer. No revenue stamps were applied, and there was no titile examination noted in the filing.
The transferred property includes two tracts of land described in detail in the attached Exhibit “A.” The first tract is situated on the southern margin of Langdon Street near Edgecombe Avenue and includes portions of lots 204, 206, 208, 210, and 212 within the Chestnut Hill Subdivision. The description references several historic deeds, with boundaries extending to Cross Creek and along Hayes Street.
The second tract is located along Moore Street and the southern margin of Governor’s Corner, formerly known as Hadley’s. This parcel comprises the eastern 152 feet of a lot previously conveyed to Herbert W. Vick by a 1951 deed and later recorded again in 1967. The property is tied to several origin lot lines and alley boundaries, forming part of an older subdivision pattern.
Together, these tracts were held by Lynn R. Vick in her capacity as Trustee and were transferred in full to Herbert W. Vick, Jr., concluding the Trust’s involvement with the property.
Surrounding Area:
The surrounding area features a blend of institutional, residential, commercial, and vacant properties. To the site’s left are a vacant lot and a two-story boarding house. On the right side, the property borders a church, a florist, and a long-established auto garage. Directly across the street are a vacant lot owned by a church, a house unoccupied for over two years, an electrical parts shop with more than 30 years of operation, and a dry cleaner that has served the area for over ten years.
Rezoning Request:
Land within the City is primarily regulated through the base zoning districts established by the Unified Development Ordinance (UDO). Property reclassification to a comparable zoning district may be pursued following the procedures outlined in Section 30-2.C of the UDO, which governs map amendments and ensures consistency with the City’s planning framework and regulatory standards.
Straight Zoning:
The request is for a rezoning from Mixed Residential 5 (MR-5) to Office and Institutional (OI).
The Office and Institutional (OI) District is established to support a balanced mix of low-intensity, small-scale professional and business offices, institutional uses, and limited personal services or neighborhood-scale retail (as outlined in Section 30-4.D: Accessory Uses). Residential development - from single-family detached and attached housing to multi-family dwellings - is also permitted, fostering proximity between living, working, and service-oriented environments.
OI Districts are typically located near residential neighborhoods and are designed to serve as transitional zones between these neighborhoods and more intensive commercial areas. Development within the district must adhere to the design and compatibility requirements outlined in Article 30-5: Development Standards, ensuring thoughtful integration with surrounding land uses.
Often evolving from areas with historically residential character, OI Districts are intended to preserve that character by requiring that new office and institutional developments be compatible in form, scale, and design with adjacent residential structures. This approach promotes contextual development that enhances neighborhood cohesion while accommodating broader uses.
Reclassifying land to a base zoning district without conditions permits the full range of uses identified in the Unified Development Ordinance (UDO) Use Table for that district. In such cases, the Zoning Commission is not authorized to impose conditions or limitations related to allowable uses, specific use standards, development intensity, dimensional requirements, or any other applicable regulatory provisions. All standards and entitlements associated with the zoning classification apply as adopted in the UDO, without modification.
Land Use Plan Analysis:
The proposed rezoning of a 0.20-acre parcel from its current classification to the Office and Institutional (OI) district aligns well with the goals, character, and policies outlined in the 2040 Future Land Use Plan and Future Land Use Map (FLUM) adopted by the City of Fayetteville on May 26, 2020.
The property falls within an area designated for Neighborhood Mixed Use development on the FLUM. This character area is intended to support a walkable mix of neighborhood-scale commercial, institutional, and residential uses, typically within buildings ranging from one to three stories. The Plan encourages a horizontal blend of uses and supports vertical integration of residential and non-residential activities in strategic locations.
The reintroduction of a small-scale medical office within the existing building - originally constructed for such use - supports this intent by bringing an institutional use into a mixed setting without introducing scale, noise, or traffic impacts that would be incompatible with the neighborhood.
The proposed amendment supports multiple goals and land use strategies within the Future Land Use Plan:
LU-1 (Strategic Compatible Growth): The site is served by public water and sewer, and is embedded within an established urban fabric, with infrastructure, commercial activity, and institutional uses already present. The rezoning supports infill development and leverages existing infrastructure, consistent with LU-1.1 and LU-1.6.
LU-2 (Strategic Economic Development): By supporting the use of a health service, the project promotes job creation and strengthens the local economy within a designated mixed-use area, in line with LU-2.1.
LU-3 (Redevelopment and Reinvestment): The area has experienced significant reinvestment in recent years, with removing abandoned properties and establishing new community services. The proposed reuse of a long-vacant office building reinforces these revitalization efforts and contributes to neighborhood uplift.
LU-4 (Well-Designed Mixed-Use Districts): Reusing the existing structure preserves neighborhood character while providing a complementary use to nearby businesses and institutions. Its physical scale, siting, and low traffic generation are compatible with adjacent uses, helping maintain the transitional character envisioned in the Plan.
The surrounding area already contains diverse uses, including a church, a florist, an auto garage, an electrical supply business, a nonprofit agency, a shelter, and a dry cleaner. By adding a pulmonary clinic, the proposal contributes to a logical progression of development, enhancing access to health services without introducing a new pattern of land use. Its location, design, and function ensure compatibility with nearby commercial properties and the few remaining residential structures.
Furthermore, the applicant notes that this clinic would be well-maintained, visually appealing, and operated in a manner that attracts clients who contribute positively to the community fabric. This supports the Plan’s emphasis on safe, stable, and attractive neighborhoods (LU-6) and furthers reinvestment goals (LU-3).
Consistency and Reasonableness Statements:
The Future Land Use Plan delineates desired development patterns through its map and articulates a comprehensive framework of goals, policies, and implementation strategies. This rezoning application aligns with the City’s overarching objective of strategic, compatible growth and is consistent with the intent and priorities outlined in the Plan. As detailed in the accompanying Consistency and Reasonableness Statement, the proposed amendment supports key goals of the Land Use Plan, including targeted reinvestment, infrastructure-efficient development, and the promotion of context-sensitive land use transitions.
Conclusion:
The proposed rezoning to OI is consistent with the Neighborhood Mixed Use designation of the Future Land Use Plan. It reinforces key community objectives, including infill redevelopment, economic revitalization, and the creation of walkable, mixed-use districts. It does not promote strip-style development, leapfrog growth, or isolated zoning. Instead, it supports a logical and community-focused reuse of existing infrastructure that aligns with Fayetteville’s long-term vision.
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 findings of fact and evidence presented, the Zoning Commission recommends approving the proposed map amendment to the Office and Institutional (OI) 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 zoning district than initially requested. Based on the evidence presented, the Commission finds that such a modification would maintain 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 presented, the Commission finds that the requested zoning is inconsistent with the Future Land Use Plan and does not support the City’s land use policy objectives.
Recommended Action:
The Professional Planning Staff recommends that the Zoning Commission recommend approval of the proposed map amendment to the Office and Institutional (OI) zoning district, based on the following findings:
• Policy Consistency: The proposed zoning classification is consistent with the adopted Future Land Use Plan (FLUP) and advances the policy objectives outlined in the Unified Development Ordinance (UDO). It supports strategic infill development, reinforces mixed-use compatibility, and aligns with long-range planning goals for this area.
• Contextual Appropriateness: The range of uses permitted under the OI district and the corresponding development standards are compatible with the character of the immediate vicinity, which includes a mix of institutional, commercial, and low-intensity residential uses. The requested rezoning reflects a logical extension of the surrounding development pattern.
• Public Interest: The proposed amendment does not present any foreseeable adverse impacts to public health, safety, morals, or general welfare. Instead, it encourages the adaptive reuse of existing infrastructure and contributes to the stability and vitality of the surrounding community.
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