TO: Mayor and Members of City Council
THRU: Kelly Strickland - Assistant City Manager
Dr. Gerald Newton, AICP - Development Services Director
FROM: Demetrios Moutos - Planner I
DATE: June 23, 2025
RE:
Title
Approve P25-18: Request to rezone property located at 1055 McArthur Road (REID 0520932274000) from Single-Family Residential 6 (SF-6) to Mixed Residential 5 (MR-5).
end
COUNCIL DISTRICT(S):
Council District(s)
District 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.
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.
On June 10, 2025, the Zoning Commission voted unanimously (4-0) to recommend approval of the requested rezoning to MR-5. The Commission found the request consistent with the City’s Future Land Use Plan and the Unified Development Ordinance.
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 diverse but cohesive residential environment. The surrounding development pattern supports a mix of housing types, aligning with the area’s designation as Medium Density Residential.
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 City Council 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, single-family housing across McArthur Road to the west, and NCDOT right-of-way to the north. 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. By enabling a second residential unit on the parcel, this action contributes to incremental density without altering the area's existing character. The site’s access to public water and sewer further reinforces its readiness for development under MR-5 standards.
In addition to LU-1 and LU-7, the request aligns with LU-3 by facilitating residential infill on an underutilized parcel, contributing to neighborhood reinvestment. It also supports LU-6 by enabling development that meets UDO standards for neighborhood design, including frontage, street trees, and walkability. Furthermore, LU-7.2 is supported by this rezoning, which allows for modest-scale attached housing in an area designated as Medium Density Residential.
Consistency and Reasonableness Statements:
The proposed MR-5 zoning is consistent with several Land Use Plan policies and strategies, including LU-1.1 (FLU guidance), LU-1.6 (adequate infrastructure), LU-1.7 (logical growth), LU-3.1 and LU-3.2 (infill and reinvestment), LU-6.1 (quality neighborhood design), and LU-7.1 and LU-7.2 (diverse housing in MDR areas). These policies support moderate-density housing in urban areas already served by infrastructure.
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. Approve as Presented (Recommended Action): Based on the evidence presented, the City Council approves the proposed map amendment to the Mixed Residential 5 (MR-5) district. The Council finds the proposed rezoning consistent with the City’s adopted Future Land Use Plan, as outlined in the attached Consistency and Reasonableness Statement.
2. Approve a More Restrictive Zoning Classification: The City Council approves of the proposed map amendment to a more restrictive residential zoning district than initially requested. Based on the evidence presented, the Council finds that such a modification would preserve consistency with the adopted Future Land Use Plan, subject to an amended Consistency and Reasonableness Statement.
3. Deny the Map Amendment: The City Council denies the proposed map amendment. Based on the evidence and testimony, the Council 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 Zoning Commission and Professional Planning Staff recommend that the City Council approve 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. Rather, 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. It also supports the City's long-range planning efforts to enable “missing middle” housing options and reduce pressure on greenfield sites.
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. Agreement to Amended Conditions of a Conditional Zoning