TO: Mayor and Members of City Council
THRU: Kelly Strickland, Assistant City Manager
Gerald Newton, Development Services Director
FROM: Jennifer C. Baptiste - Development Ombudsman/Special Project Coordinator
DATE: November 10, 2025
RE:Title
Approve P25-46. Rezoning of a property currently zoned as Community Commercial (CC) and Light Industrial (LI) to Light Industrial/Conditional Zoning (LI/CZ), addressed as 5236 Murchison Road, (REID # 0429159291000) totaling 2.36 acres ± and being the property of Everhart, LLC. represented by Lori Epler of Larry King and Associates.
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COUNCIL DISTRICT(S):
Council District(s)
3 - Mario Benavente
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.
Objective 2.3 - To sustain a favorable development climate to encourage business growth.
Executive Summary:
The applicant is requesting to rezone a 2.36 acre parcel located at 5236 Murchison Road in Fayetteville, North Carolina. The site is currently split zoned Community Commercial (CC) and Light Industrial (LI) and is devoid of permanent structures but has remnants of a concrete padded areas. The proposed rezoning would place the parcel under a single zoning district and allow for easier site development.
The subject property has direct access onto Murchison Road just south of Shaw Mill Road and is located approximately one mile away from the I-295 interchange.
The property is served by public water and sewer and has not been the subject of a rezoning application within the past five years. This request is not associated with an annexation.
Background:
Owners: Everhart, LLC
Applicant: Lori Epler, Larry King and Associates
Requested Action: CC & LI to LI/CZ
REID #: 0429159291000
Status of Property: Devoid of permanent structures but has sections of concrete pavement
Size: 2.36 acres ±
Surrounding Land Use & Zoning:
• North: Limited Commercial (LC) - Convenience Store
• South: Community Commercial (CC) - Retail Store
• East: Light Industrial (LI) - Cleared, but undeveloped
• West: Community Commercial (CC) - Religious Institution
Letters Mailed: 79
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 of Fayetteville-and those within its Municipal Influence Area (MIA)-are guided by the land use policies and long-range development vision outlined in the Plan.
The subject property is designated as Industrial/Employment Center (EC). This designation is defined as “high intensity nonresidential uses with high impact or likelihood for nuisances.” The intent is to encourage regional employment centers with larger industrial uses and or business parks that house a variety of production orientated uses.
Rezonings in EC-designated areas are expected to facilitate long-term investment by encouraging large scale employers that cater to producing goods with limited to no consumer contact.
Issues/Analysis:
History:
Originally, the subject property was two individual parcels with separate REID numbers, 0429158377000 and 042950144000. Each parcel was developed with buildings addressed as 5318 and 5236 Murchison Road. The building addressed as 5318 Murchison Road was used as a restaurant and a retail unit. The second building, 5236 Murchison Road was used as a barber shop with two residential units attached. Between June 2013 and July 2015, the building addressed as 5318 Murchison Road was demolished and never rebuilt. Subsequently, the building addressed as 5236 Murchison Road was demolished between June 2019 and November 2021. Hence, the site is void of structures, but the various curb cuts and concrete parking pads have remained.
On September 9, 2024, the owner submitted a Special Warranty Deed to combine the two separate parcels into one REID number. A new REID number, 0429159291000, has been assigned after the combination was recorded by the Cumberland County Register of Deeds.
Surrounding Area:
The subject property is located along the Murchison Road corridor and is approximately a mile south of the I - 295 interchange, one parcel removed from Shaw Mill Road.
To the north, the property is zoned Limited Commercial (LC) and has a retail convenience store located on site.
To the south is a property zoned Community Commercial (CC) with an abandoned retail store.
To the east, across the railroad tracks, the parcel is zoned Light Industrial (LI) and is currently cleared, but undeveloped.
To the west, across Murchison Road, is a Religious Institution, Family Fellowship Worship Center which is zoned Community Commercial (CC).
Map Amendment (Conditional Rezoning):
Section 30- 2. C. 1 of Fayetteville’s Unified Development Ordinance outlines the process for amending the Official Zoning Map through a rezoning (map amendment). The City Council holds the authority to approve such amendments, which may be initiated by city boards, officials, or eligible applicants. Down-zoning initiated by third parties is prohibited without the written consent of affected property owners, in accordance with state law. Rezoning applications accompanied by applicant-proposed conditions are treated as Conditional Rezonings and follow a separate review process. The standard review process includes staff analysis, potential input from the Historic Resources Commission, a public hearing, recommendation by the Zoning Commission, and final consideration by the City Council. The Zoning Commission and the City Council must adopt a consistent statement confirming whether the proposed amendment aligns with city-adopted plans and a reasonableness statement justifying the decision based on compatibility, community needs, and environmental impact. Once approved, rezoning actions do not expire but are subject to future amendments.
Conditional Rezoning:
Conditional Rezoning allows a property owner to rezone land to a zoning district with tailored conditions that ensure alignment with the City’s adopted plans and help address development impacts. This process may only be initiated by the property owner and follows the standard development review procedures with modifications specific to conditional zoning. Applications must include any proposed conditions and may also request vested rights. The Technical Review Committee reviews the application before the Zoning Commission holds a legislative hearing and issues a recommendation. If no appeal is filed, the City Council may act on the application without another public hearing; otherwise, a legislative hearing is held before final action. Approval requires both a plan consistency statement and a statement of reasonableness. Conditions must conform to City policies and cannot be less restrictive than base zoning standards unless they improve compatibility or planning outcomes. Approved conditions become binding, and only minor deviations may be administratively approved. Material changes require a new rezoning. Conditional zoning districts are designated with a “/CZ” suffix on the Official Zoning Map. If no development application is submitted within two years, the City may revert the zoning.
Specifics of this Conditional Rezoning:
The applicant is requesting a conditional rezoning from community Commercial (CC) and Light Industrial (LI) to LI/CZ (Light Industrial/Conditional Zoning). The applicant has not submitted a development site plan as part of this application.
As part of the conditional rezoning request, the applicant is requesting that the site be allowed to develop with the condition that the development setbacks used for future construction be set at those designated for the Community Commercial zoning district. The current setbacks for the Community Commercial zoning district are a front setback of the lessor of 25 feet or 60 feet from centerline of a private street; a side setback three feet or 15 feet where abutting a single-family zoning district or use; and three feet or 20 feet where abutting an alley or single-family zoning district or use in the rear. The reduction in setbacks will allow the site to develop to its highest and best use while retaining the current setbacks and also take into consideration the limited width of the parcel.
The current Community Commercial (CC) zoning is 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 vicinity. Such uses include, but not limited to, shopping centers, convenience stores, retail sales establishment, and heavier commercial uses that may require Special Use Permit approval.
In contrast, the proposed Light Industrial (LI) district is intended to accommodate light manufacturing, assembly, fabrication, processing, distribution, storage, research and development, and other industrial uses that are small-scale or otherwise have minimal exterior movement of vehicles, materials, and goods, as well as few or minimal adverse environmental and visual impacts. Typical uses include warehousing and distribution uses as well as light manufacturing uses that supports other industrial and retail uses.
In addition to the conditions requested above, the applicant is proposing to limit the uses allowed by excluding uses related to bars, nightclubs, adult entertainment, and gaming establishments.
Land Use Plan Analysis:
The subject property is designated for Industrial/Employment Center (EC) development on the City’s 2040 Future Land Use Map, adopted in May 2020. Development of this property with a use allowed in the Light Industrial zoning district, with respect to the excluded uses identified by the applicant, is consistent with the intent and guiding policies of the Future Land Use Plan.
Under the Plan, Industrial/Employment Center areas are characterized by high intensity nonresidential uses with high impact or likelihood for nuisance such as manufacturing and/or processing plants.
The rezoning to LI/CZ, with a condition excluding bars, nightclubs, adult entertainment, and gaming establishments as well as adjusting the property development setbacks to match the current setbacks for the Community Commercial (CC) zoning district matches the intent of the Future Land Use Plan and the Unified Development Ordinance. This fulfills key strategies outlined in the Plan’s Strategic, Compatible Growth policies (LU-1 and LU-5), which encourage growth in areas served by infrastructure, support reinvestment in established neighborhoods, and improve gateways.
Consistency and Reasonableness Statements:
The proposed conditional rezoning from CC and LI to LI/CZ is consistent with the City of Fayetteville’s 2040 Future Land Use Plan, which designates the area for Industrial/Employment Center (EC) development. The request aligns with the Plan’s goals to support employment centers that include larger industrial uses or business parks. Restricting such uses as bars, nightclubs, adult entertainment, and gaming establishments helps maintain the overall character of the surrounding area and takes advantage of the parcels proximity to the I-295 access point.
Budget Impact:
The proposed conditional rezoning is expected to have a neutral budget impact, with no new infrastructure or service demands and minimal potential for increased property tax revenue.
Options:
1. Approval as Presented (Recommended Action): Move to approve the man amendment to LI/CZ as presented, based on the evidence presented and adopt the attached Plan Consistency and Statement of Reasonableness finding the request consistent with the Future Land Use Plan.
2. Approve with Revised or Additional Conditions: Move to approve the proposed conditional rezoning, subject to revised or additional conditions agreed to in writing by the applicant and adopt the attached Plan Consistency and Statement of Reasonableness finding the request consistent with the Future Land Use Plan.
3. Denial of the Application: Move to deny the map amendment request, based on the evidence in the record, and adopt a Plan Inconsistency and Statement of Reasonableness setting forth why the request is inconsistent with the Future Land Use Plan and not in the public interest.
Recommended Action::Recommended Action
The Zoning Commission and Professional Staff recommends that the City Council approve the proposed map amendment from Community Commercial (CC) and Light Industrial (LI) to Light Industrial/Conditional Zoning (LI/CZ), based on the following findings:
• Policy Consistency: The proposed conditional rezoning is consistent with the City’s adopted 2040 Future Land Use Plan (FLUP), which designates the area for Industrial/Employment Center. The rezoning advances Strategic, Compatible Growth goals identified in policies LU-1 and LU-5.
• Contextual Appropriateness: The proposed LI/CZ zoning enhances the adjacent areas and supports the shift from a former mainly residential area to a commercial/industrial area supported by the I-295 interchange construction.
• Public Interest: The request does not currently involve any new construction or site modifications and will not increase demands on public infrastructure or services and will not adversely impact public health, safety, or general welfare.
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Attachments:
1. Plan Application
2. Aerial Notification Map
3. Zoning Map
4. Land Use Plan Map
5. Subject Property
6. Surrounding Property Photos
7. Murchison Road - Fayetteville Survey
8. Consistency and Reasonableness Statement