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City of Fayetteville
File #: 25-4861    Version: 1 Name: P25-41 Conditional Rezoning
Type: Consent Status: Agenda Ready
File created: 8/13/2025 In control: City Council Regular Meeting
On agenda: 9/8/2025 Final action:
Title: Approve P25-41: Conditional Rezoning Request from MR-5 and NC to CC/CZ, NC, and AR for approximately 19.02 Acres Located at 0 Morganton Road (REID #0408149306000)
Attachments: 1. P25-41 Application, 2. P25-41 List of Conditions and Survey, 3. P25-41 Aerial Notification Map, 4. P25-41 Zoning Map, 5. P25-41 Future Land Use Map, 6. Subject, 7. Surrounding Properties PP (1), 8. Surrounding Properties PP (2), 9. P25-41 Consistency and Reasonableness Statements
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
Demetrios Moutos - Planner I

DATE: September 8, 2025

RE:Title
Approve P25-41: Conditional Rezoning Request from MR-5 and NC to CC/CZ, NC, and AR for approximately 19.02 Acres Located at 0 Morganton Road (REID #0408149306000)Title
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COUNCIL DISTRICT(S):
Council District(s)
District 4 - Councilmember D.J. Haire


b
Relationship To Strategic Plan:
This request aligns with the following City Strategic Plan goals:
* Goal II: Responsive City Government Supporting a Diverse and Viable Economy
o Objective 2.1: Ensure a diverse city tax base
o Objective 2.4: Sustain a favorable development climate to encourage business growth
* Goal III: City Invested in Today and Tomorrow
o Objective 3.2: Manage the City's future growth and strategic land use
* Goal IV: Desirable Place to Live, Work, and Recreate
o Objective 4.5: Ensure a place for people to live in great neighborhoods

Executive Summary:
Franklin Johnson Commercial, represented by Tom Lloyd, is requesting a conditional rezoning for approximately 19.02 acres located at 0 Morganton Road from Mixed Residential 5 (MR-5) and Neighborhood Commercial (NC) to Community Commercial Conditional Zoning (CC/CZ), Neighborhood Commercial (NC), and Agricultural Residential (AR). The purpose is to facilitate a mixed-use development incorporating commercial, office, warehouse/distribution, and storage uses, with low-intensity residential/agricultural uses in environmentally sensitive areas.

The Zoning Commission considered this request at its August 12, 2025, meeting and voted 4-0 to recommend approval.

The property is currently undeveloped near the intersection of Morganton Road and Bonanza Drive. It was rezoned in January 2023 to MR-5 under Case P23-04, but no development occurred under that zoning

Background:
* Parcel: REID #0408149306000
* Size: Approximately 19.02 acres
* Annexation: Property was annexed into the corporate limits in 1994
* Prior Rezoning: In January 2023, the property was rezoned from SF-6, AR, and NC to MR-5 (Case P23-04), intended to allow a mix of residential uses. The proposed project under that rezoning was not pursued.
* Current Zoning: MR-5 and NC
* Proposed Zoning: CC/CZ, NC, and AR
* Ownership History: Originally part of the Bowles Farm Limited Partnership, transferred to the current ownership group in 2012.
Surrounding Zoning and Land Use:
* North: SF-10 (Residential) and a secondary school
* South: SF-10 and low-density residential
* East: NC and a City recreation center
* West: AR and active agricultural use

Issues/Analysis:
Land Use Context and Policy Alignment:
The Future Land Use Map (FLUM) designates the site as Medium Density Residential (MDR), Neighborhood Mixed Use (NMU), and Parks and Open Space (PARKOS). The proposal places commercial and warehouse uses in NMU areas, applies AR zoning to flood-prone and steeply sloped portions (consistent with PARKOS), and uses buffering and transitional design in MDR portions.

This request supports multiple policies of the Future Land Use Plan, including:
* LU-1.1 & LU-1.6: Compact development in serviced areas.
* LU-2.1 & LU-2.5: Strategic economic development, warehouse/office opportunities.
* LU-4.1 & LU-4.2: Walkable, connected commercial and mixed-use districts.
* LU-8.2 & LU-10.4: Development away from environmentally sensitive areas.
Environmental Constraints:
A tributary of Persimmon Creek runs through the site, with significant floodplain areas. The AR zoning protects floodway and steep terrain, supporting stormwater and ecological goals.

Topography:
Elevation ranges from ~180 to 240 feet. Steeper slopes in the eastern and northeastern portions are reserved for AR zoning; flatter land near Morganton Road is targeted for development.

Transportation and Access:
Located on Morganton Road near Bonanza Drive, with access to Yadkin and Skibo Roads. Lateral access to neighboring parcels is proposed. Sidewalk/pedestrian improvements may be considered at site plan review.

Prior Zoning History (P23-04):
Approved in January 2023 for MR-5 to allow diverse residential uses. That request aligned with MDR but did not consider current commercial demand; the current proposal reflects updated market and infrastructure considerations.

Use Limitations (CC/CZ):
Permitted uses include:
* Mixed-use development
* Multi-family residential
* Personal services
* Brew pub
* Parcel service
* Warehouse/distribution (including beer/wine)
* Grocery store
* Wholesale/retail sales

Budget Impact:
No immediate fiscal effect; potential long-term tax base growth and local employment/retail benefits.

Options:
1. Approve as submitted with proposed conditions.
2. Approve with additional/revised conditions agreed to by the applicant in writing.
3. Approve with reduced area.
4. Deny the request.

Recommended Action::Recommended Action
The Zoning Commission and Professional Planning Staff recommend that the City Council APPROVE the proposed conditional rezoning because it:

* Aligns with the Future Land Use Plan and promotes compatible transitions.
* Protects environmentally sensitive areas with appropriate zoning.
* Addresses market demand for neighborhood-serving commercial and small-scale warehouse uses in a location with existing infrastructure.
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Attachments:
1. Application (P25-41)
2. List of Proposed Conditions and Survey
3. Aerial Map
4. Zoning Map
5. Future Land Use Map
6. Subject Property Photo
7. Surrounding Property Photos
8. Signed Consistency and Reasonableness Statements