Legislation Details

File #: 25-5066    Version: 1 Name: P25-56: A request to rezone
Type: Public Hearing (Public & Legislative) Status: Agenda Ready
File created: 12/2/2025 In control: Zoning Commission
On agenda: 12/9/2025 Final action: 9/9/2026
Title: P25-56: A request to rezone a section of property near 941 Ames St. (0437171789000), consisting of 0.22 acres and owned by Peter Stewart, from Community Commercial (CC) to Mixed Residential 5 (MR-5)
Attachments: 1. Application, 2. Survey - Stewart Property Rezoning-Ames St, 3. Applicant-Rezoning Map, 4. Aerial Notification Map, 5. Zoning Map, 6. Future Land Use Plan Map, 7. Subject Property, 8. Surrounding Property, 9. Consistency and Reasonableness Statement

TO:                                            Zoning Commission

THRU:                      Planning Manager

 

FROM:                     Craig Harmon, Senior Planner

 

DATE:                      December 9, 2025

 

RE:Title

P25-56: A request to rezone a section of property near 941 Ames St.  (0437171789000), consisting of 0.22 acres and owned by Peter Stewart, from Community Commercial (CC) to Mixed Residential 5 (MR-5).Title

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COUNCIL DISTRICT(S):                      

Council District(s)

 2 - Davis                         

 

 

b

Relationship To Strategic Plan:

The proposed map amendment from CC to MR-5 directly supports implementation of the City’s FY2025 Strategic Plan by facilitating context-appropriate, infrastructure-efficient residential growth on an already serviced infill parcel. Establishing MR-5 zoning enables a range of moderately dense housing types that broaden the community’s housing supply, reinforce neighborhood reinvestment goals, and leverage existing public infrastructure to support long-term economic resilience and fiscal sustainability.

Strategic Plan Alignment - Supported Goals and Objectives

•                     Goal II - Responsive City Government Supporting a Diverse & Viable Economy

o                     Objective 2.2: Invest in community places to increase revitalization and quality of life.

•                     Goal III - City Invested in Today and Tomorrow

o                     Objective 3.2: Manage the City’s future growth and strategic land use through infill development and infrastructure-efficient expansion.

•                     Goal IV - Highly Desirable Place to Live, Work, and Recreate

o                     Objective 4.5: Strengthen neighborhoods and housing choice through reinvestment and compatibility with established residential areas.

Overall, the proposed rezoning demonstrates consistency with the Strategic Plan by supporting housing diversity, reinvestment in existing urban areas, and fiscally responsible development patterns.

 

Executive Summary:

The 0.22-acre subject property comprises a portion of an existing parking area with one structure. Surrounding development reflects a transitional pattern of land uses: residential to the west, south, and east, and commercially zoned parcels to the north along Bragg Boulevard. The site is positioned within a mixed-use edge condition that functions as a logical transition between neighborhood-scale residential areas and higher-intensity commercial activity.

 

Background: 

Owner:                     Peter Stewart

Applicant:                     Michael Adams - MAPS Surveying, Inc.

Requested Action:                     Rezone property from CC (Community Commercial) to MR-5 (Mixed Residential 5)

Site Location:                     941 Bragg Boulevard

REID:                                          0437171789000

Parcel Size:                     ±0.22 acres

Current Status:                     Parking lot

Public Notification:                     Mailed notices were sent to 215 property owners within a 1,000-foot radius of the subject site, consistent with City Council public notification policy.

Existing Site Conditions

The ±0.22-acre subject property currently consists of a paved parking area with one existing structure. Surrounding development represents a transitional land-use pattern, with residential uses to the west, south, and east, and commercially zoned parcels situated to the north along Bragg Boulevard. This location creates a mixed-use edge condition that functions as a transition between neighborhood-scale residential development and more intensive commercial activity along the corridor.

Adjoining Land Use & Zoning

Direction

Zoning

Existing Land Use

North

CC

Commercial

South

MR-5

Residential

East

MR-5

Residential

West

MR-5

Residential

Land Use Policy Context

The 2040 Comprehensive Plan: Future Land Use Map and Plan (adopted May 26, 2020) provides long-range land-use policy guidance for properties within both the City of Fayetteville and its Municipal Influence Area (MIA). The Future Land Use Map designates the subject property as CSR - Commercial Strip Redevelopment.

The Commercial Strip Redevelopment (CSR) land-use category applies to areas containing aging or underutilized commercial strip development where reinvestment and redevelopment are encouraged. The CSR designation supports commercial mixed-use development patterns that integrate higher-density residential infill in order to improve corridor performance, support long-term economic viability, and promote private investment. CSR areas are intended to evolve from single-purpose commercial corridors to walkable, mixed-use districts offering a broader mix of commercial activity and housing choices.

 

Issues/Analysis: 

The proposed amendment from CC (Community Commercial) to MR-5 (Mixed Residential 5) is substantially consistent with the City of Fayetteville 2040 Comprehensive Plan (Future Land Use Map and Policy Framework) and supports long-range goals related to infill redevelopment, infrastructure efficiency, and housing diversity.

Planning Rationale

•                     Infill & Infrastructure Efficiency
The site is located within the City’s urban service area and is already served by public utilities. Redevelopment as moderate-density housing would utilize existing streets, water, and sewer systems and support fiscally responsible, compact growth.

•                     Housing Choice & Missing-Middle Objectives
The MR-5 district allows townhomes and other “missing middle” housing types that increase the range of ownership opportunities at a neighborhood scale, consistent with the Comprehensive Plan’s housing goals.

•                     Context Compatibility
The proposed MR-5 zoning would match existing MR-5 districts directly to the west, south, and east. The district provides an appropriate residential transition to the commercial uses north of the site and supports a compatible edge condition.

•                     Corridor-Adjacent Development Pattern
Compact residential infill near Gardner Street services contributes to a walkable, complete-neighborhood pattern and aligns with corridor reinvestment policy direction.

•                     Conventional (Straight) Rezoning Context
This request is a standard rezoning with no site-specific conditions. If approved, all development would be subject to the
full set of MR-5 district standards, including dimensional requirements, access, buffering, lighting, environmental regulations, and technical review.

 

Required Review Findings (A-J)

Staff-report-formatted version for the Planning Commission record

Criterion

Staff Analysis

A) Consistency with Comprehensive Plan

The request is substantially consistent with the 2040 Comprehensive Plan. The MR-5 district supports infill redevelopment and provides housing types compatible with the CSR policy framework.

B) Changed Conditions

No significant new conditions necessitate a map amendment; however, infill redevelopment goals support the transition to residential use.

C) Community Need

The rezoning supports demand for attainable, ownership-oriented townhomes and enables reuse of currently underutilized property.

D) Compatibility with Surroundings

Existing zoning to the west, south, and east is MR-5. The requested district is compatible with the surrounding residential pattern and serves as an appropriate transition from nearby commercial properties.

E) Logical & Orderly Development Pattern

Approval would reinforce the existing MR-5 zoning pattern and support an orderly residential expansion within an urbanized service area.

F) Premature Development

No premature development concerns; infrastructure and services are available.

G) Strip Development

The rezoning does not contribute to strip-style commercial development; the request transitions away from commercial zoning.

H) Spot / Isolated Zoning

The request does not create isolated zoning. The property would adjoin existing MR-5 zoning on multiple sides.

I) Property Value Impacts

No evidence suggests adverse impacts on surrounding property values. Residential infill may contribute to stabilizing neighborhood values.

J) Natural Environment

No significant adverse impacts are anticipated. Environmental compliance-including stormwater, buffering, and erosion control-will be reviewed during TRC and permitting.

 

Conclusion

The rezoning from CC to MR-5 represents a logical extension of the surrounding residential zoning pattern and is substantially consistent with the 2040 Comprehensive Plan. The request supports City goals for infill redevelopment, diverse housing opportunities, and efficient use of existing public infrastructure while maintaining compatibility with adjacent neighborhoods. Development will be regulated by all MR-5 district standards through the Technical Review Committee process.

 

Budget Impact: 

Rezoning the property from CC to MR-5 does not obligate the City to new expenditures. Any fiscal effects would occur only if a development is approved and built. Because the site is infill and already served by public infrastructure, the expected budget impact is neutral in the near term and modestly positive over time. New residential units would increase taxable value per acre and generate additional General Fund revenue through ad valorem taxes and shared revenues (e.g., sales/use and vehicle taxes). One-time plan review, permitting, and inspection fees would also accrue to the City, while utility system development charges and connection fees would support capacity without burdening the General Fund.

 

Infrastructure costs associated with the project-such as access, stormwater controls, and utility extensions-are expected to be developer-funded and reviewed through the Technical Review Committee, reducing the need for City capital spending. MR-5 densities typically support efficient service delivery on existing networks, and operational costs for public safety and other municipal services are expected to scale proportionately with buildout.

 

Overall, no capital project or new spending is triggered by the rezoning itself, and the fiscal outlook is anticipated to shift from neutral to modestly positive as units are completed, added to the tax roll, and occupied.

    

Options: 

1.                     Recommend Approval to MR-5 (as requested) - Recommended

Adopt a written statement finding the map amendment consistent with the 2040 Future Land Use Map (Neighborhood Improvement) and reasonable and in the public interest because it enables context-appropriate housing diversity on serviced infill land, provides code-based tools to transition to adjacent MR-5 areas, and preserves any environmentally sensitive areas through existing UDO standards.

2.                     Recommend Approval to a More Restrictive District

If the Commission concludes a lower-intensity classification is warranted, identify the alternative district on the record and adopt a revised statement of consistency and reasonableness explaining why the alternative better addresses adjacency, access constraints, or environmental sensitivities while remaining aligned with the Future Land Use Map.

3.                     Recommend Denial

Adopt a written statement finding the request inconsistent with the Future land Use Map and/or not reasonable and not in the public interest, citing specific facts such as incompatibility with adjacent MR-5 and CC patterns, unresolved transportation or infrastructure constraints, or inadequate protections of environmental resources.

     

Recommended Action::Recommended Action

The Professional Planning Staff recommends that the Zoning Commission recommend approval of the straight rezoning from CC to MR-5. The request is consistent with the adopted 2040 Future Land Use Plan, specifically the Neighborhood Improvement (NIR) designation, which calls for compact, context-appropriate residential reinvestment on serviced infill parcels. The MR-5 district provides the appropriate implementation tool by allowing a broad spectrum of “missing-middle” housing types-small-lot detached, duplex/townhome, and low-rise multifamily-while requiring open space, buffering, and resource-protection measures that help preserve environmentally constrained areas.

 

The range of permitted MR-5 uses and associated development standards is suitable for this corridor, given the surrounding mix of established single-family neighborhoods, civic uses, and nearby multifamily development. Compatibility and neighborhood character will be addressed through the UDO’s citywide requirements, including setbacks, height limits, landscaping and buffering, screening, lighting, access management, and stormwater performance standards.

 

Transportation access, utility connections, and public-safety considerations will be evaluated at subdivision and site-plan review, ensuring that adequate infrastructure and emergency access requirements are satisfied prior to development.

 

No evidence has been presented indicating that approval of this rezoning would substantially harm the public health, safety, morals, or general welfare. Based on consistency with adopted policy, the suitability of MR-5 for this location, and the protections afforded through the UDO’s development-review process, staff finds the request reasonable, in the public interest, and appropriate for recommendation of approval.

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Attachments:

1.                     Application

2.                     Survey - Stewart Property Rezoning-Ames St

3.                     Applicant-Rezoning Map

4.                     Aerial Notification Map

5.                     Zoning Map

6.                     Future Land Use Plan Map

7.                     Subject Property

8.                     Surrounding Property

9.                     Consistency and Reasonableness Statement