Legislation Details

File #: 25-4611    Version: 1 Name: P25-20 Initial zoning to LI
Type: Public Hearing (Public & Legislative) Status: Agenda Ready
File created: 4/24/2025 In control: Zoning Commission
On agenda: 5/8/2025 Final action: 9/9/2026
Title: P25-20: A request to rezone REID 0435253050000 (no assigned address) from Planned Industrial (M(P)CU) to Light Industrial (LI). The property is owned PHOENIX GLOBAL SUPPORT, L.L.C. and is represented by Cynthia Smith of Moorman, Kizer & Reitzel, Inc.
Attachments: 1. P25-20 Application, 2. P25-20 Aerial Notification Map, 3. P25-20 Zoning Map, 4. P25-20 Future Land Use Map, 5. P25-20 Subject Property, 6. P25-20 Surrounding Properties, 7. P25-20 Consistency and Reasonableness Statements
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TO:                                            Mayor and Members of City Council

THRU:                      Zoning Commission

 

FROM:                     Demetrios Moutos - Planner I

 

DATE:                      May 8, 2025

 

RE:

Title

P25-20: A request to rezone REID 0435253050000 (no assigned address) from Planned Industrial (M(P)CU) to Light Industrial (LI). The property is owned PHOENIX GLOBAL SUPPORT, L.L.C. and is represented by Cynthia Smith of Moorman, Kizer & Reitzel, Inc.                     

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:

The applicant seeks to rezone a 12.53-acre vacant, wooded parcel from Cumberland County’s Planned Industrial (M(P)CU) designation to the City of Fayetteville’s Light Industrial (LI) zoning district as part of an annexation process. The site lies adjacent to other industrially zoned properties. The surrounding land is largely vacant and zoned for industrial use or held by the City, including land near the Fayetteville Airport. The proposed amendment aligns with existing development patterns, long-range plans, and economic development goals. It supports job creation, accommodates a recruited specialized manufacturing facility, and maintains compatibility with neighboring industrial uses. The rezoning translates existing County zoning into a corresponding City category, continuing a logical development pattern without encouraging premature, strip-style, or isolated development, and poses no anticipated adverse effects on property values or the environment.

 

 

Background: 

Owners: Rogers and Breece, Inc. 

Applicant: Cynthia Smith

Requested Action: M(P)CU to LI

REID #: 0435253050000

Status of Property: Vacant and slightly wooded. 

Size: ± 12.53 acres

Surrounding Land Use & Zoning:  

•                     North: R10 & R5A - Primarily Open Space

•                     South: M(P) & LI - Averitt Express/Other Commercial/Industrial Activity

•                     East: M(P)CU - Vacant/Wooded

•                     West: M(P) & HI - Phoenix Global Support/FedEx

 

Letters Mailed: 25

 

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 Industrial/Employment Center development.

 

Industrial/Employment Center areas are designated to accommodate high-intensity, nonresidential uses that may generate significant impacts or nuisances. These areas are intended to support regional employment through large-scale industrial operations, business parks, and other employment-generating facilities.

 

 

Issues/Analysis: 

History:

According to aerial imagery, the property has been vacant since at least 1968.

Surrounding Area:

The surrounding land use and zoning patterns reflect a mix of residential, industrial, and commercial designations. To the north, the adjacent properties are zoned R10 and RSA and are primarily characterized by open space. South of the site, the land is zoned M(P) and LI and is currently developed with industrial and commercial uses, including facilities operated by Averitt Express. To the east, the land is zoned M(P)CU and remains vacant and wooded. On the western side, the adjacent properties are zoned M(P) and HI and include established operations such as Phoenix Global Support and a FedEx facility.

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 M(P)CU to LI.

The Light Industrial (LI) District is designed to accommodate a range of low-impact industrial activities, including light manufacturing, assembly, fabrication, processing, research and development, distribution, and storage. Uses within this district are typically small-scale and characterized by limited internal movement of vehicles, materials, or goods, and by minimal environmental or visual impacts. To protect surrounding properties, the district includes development standards aimed at reducing nuisances and mitigating environmental harm. Limited accessory retail uses may also be permitted in support of principal industrial operations, in accordance with Section 30-4. D (Accessory 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 the subject property from County M(P)CU (Planned Industrial Conditional Use) to City LI (Light Industrial) aligns with the City of Fayetteville’s Future Land Use Plan and associated policies. The property lies within a designated Industrial/Employment Center area, which is specifically intended to support high-intensity, employment-generating uses such as manufacturing, assembly, warehousing, and distribution - precisely the types of uses permitted in the LI zoning district. This character area reflects a regional strategy to concentrate industrial growth in well-located zones that already benefit from access to infrastructure and compatible surrounding uses. 

The rezoning supports Goal #2 of the Future Land Use Plan: Promote compatible economic and commercial development in key identified areas. The site lies adjacent to existing LI-zoned properties and active industrial users such as Averitt Express, Phoenix Global Support, and FedEx. It also supports LU-2.1 and LU-2.2, which encourage industrial development in areas with transportation access and minimal land use conflicts. The property’s annexation and rezoning also fulfill LU-1.4, requiring annexation and zoning consistency when city services are requested in the Municipal Influence Area (MIA).

Moreover, the site is surrounded by other vacant or industrially-zoned land, and its development would not result in leapfrog growth, strip development, or the creation of an isolated zoning district - all concerns explicitly addressed in the plan’s policy framework. Public utilities are available, reinforcing LU-1.6’s call for infrastructure to precede or accompany development.

Given the area’s industrial suitability, available infrastructure, and alignment with both strategic growth policies and economic development priorities, the proposed rezoning is consistent with the Future Land Use Plan and supports an orderly and beneficial expansion of the City’s industrial base.

Consistency and Reasonableness Statements:

The Future Land Use Plan outlines the City’s vision for long-term growth by establishing preferred development patterns and a comprehensive set of goals, policies, and implementation strategies. This rezoning request is consistent with the Plan’s objective of fostering strategic, compatible economic development within designated Industrial/Employment Center areas. As outlined in the Consistency and Reasonableness Statement, the proposed amendment supports several key goals of the Plan - including alignment with existing infrastructure, coordination with municipal services through annexation, and the promotion of industrial uses in areas identified for employment-generating development. The rezoning facilitates an appropriate land use transition and reinforces the City’s broader efforts to attract investment and support job creation in targeted growth areas. 

Conclusion:

 

The proposed rezoning to Light Industrial (LI) is consistent with the Industrial/Employment Center designation of the Future Land Use Plan. It advances core community priorities by supporting targeted economic development, employment-generating uses, and the efficient extension of municipal services through annexation. The rezoning does not promote leapfrog development, strip-style commercial patterns, or create an isolated zoning district. Instead, it reflects a logical and strategic expansion of the City’s industrial base, aligning with surrounding land uses and reinforcing Fayetteville’s long-term vision for growth in infrastructure-served employment areas.

 

 

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 evidence presented, the Zoning Commission recommends approving the proposed map amendment to the Light Industrial (LI) 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 Light Industrial (LI) 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