Fayetteville board rezones 1107 Hedgemont to C‑3 with 99‑year covenant after public hearing

The Board of Mayor and Aldermen of Fayetteville approved an ordinance on the rezoning of 1107 Hedgemont Avenue from R‑2 (residential) to C‑3 (commercial) after a public hearing in April 2025 and with a 99‑year restrictive covenant barring the property’s use as a drug‑rehabilitation facility.

The rezoning vote followed more than an hour of public comment in which the property owners, Tiffany and Liam Calvert, and more than a dozen residents and customers of Magic Athletics (also referred to in testimony as Cheer Magic or CMA) urged aldermen to approve the change so the gym can operate at full capacity and open a nonprofit childcare center. Tiffany Calvert said, “This property is not a random commercial property. It’s the home of our business, Cheer Magic,” and described the building as a 50,000‑square‑foot, 70‑year‑old facility that is costly to run (utility bills of $6,600 for February were cited) and limited by the current zoning.

Why it mattered: Supporters said the childcare capacity the owners seek would fill a local need and help workforce recruitment and retention. Opponents warned that rezoning to C‑3 permits a wide range of commercial uses and could allow future owners to put an incompatible use on the site. Several speakers urged the board to delay action until the city adopts a new zoning category specifically for childcare and family‑oriented businesses. In response to those concerns, the Calverts proposed and the board accepted a restrictive covenant that, according to attorney Angela Airy, will run with the land and can be written to prohibit a drug‑rehabilitation center now and in the future.

What supporters said: Testimony in favor came from a mix of parents, gym athletes and local business leaders. Evie Shockley, identified as a 12‑year‑old CMA athlete, told the board, “CMA has taught me to be disciplined, responsible, and hardworking.” Paul Brinley, a longtime community member, said Magic Athletics serves hundreds of local families and that the nonprofit childcare would “support working families and attract new industries to Fayetteville.” Other speakers described the gym as a community asset that trains athletes who compete at regional and national events and provides summer camps and after‑school programming.

What opponents said: Several neighbors spoke against immediate rezoning, saying a blanket C‑3 designation could allow uses they consider incompatible with a residential area. One resident who identified himself as Mister Rogers said neighbors are “concerned and…scared that this will forever change the makeup of their residential community” and asked the board to table the request until the city’s planned zoning revisions create a more narrowly tailored childcare category.

Board response and action: During board discussion, aldermen proposed and incorporated a restrictive covenant into the rezoning motion. Angela Airy, who said she is legal counsel for the Calverts and a parent of CMA athletes, advised the board that a restrictive covenant can be written to bind future owners and to prohibit a drug‑rehabilitation center. Alderman Painter moved approval of Ordinance 2025‑06 to rezone 1107 Hedgemont from R‑2 to C‑3 with the covenant; Alderman Keenan seconded. The ordinance passed (the board recorded the motion as carried).

Implementation and next steps: The board directed that the rezoning ordinance proceed with the restrictive covenant—speakers discussed a 99‑year term during the meeting—and staff will finalize required documents. The Calverts said they have received state licensing inspections and that the site was cleared to care for up to 49 children without a sprinkler system. They said they plan to operate a nonprofit childcare program in the building; specific licensing, staffing and operating details remain subject to state and local permitting and were not finalized at the hearing.

Votes at a glance (items from the same meeting): - Ordinance 2025‑06 (rezoning 1107 Hedgemont Avenue R‑2 → C‑3 with restrictive covenant): motion carried/approved (mover: Alderman Painter; seconder: Alderman Keenan). Note: board added a 99‑year restrictive covenant barring a drug‑rehabilitation center per testimony. - Ordinance 2025‑07 (City of Fayetteville budget amendment No. 9, $185,220): approved (motion carried at meeting). - Ordinance 2025‑08 (amend municipal code / court costs / litigation tax amendments): approved (motion carried at meeting). - Ordinance 2025‑09 (mobile food vendors / food truck ordinance): failed (board vote recorded as failed during the meeting). - Resolution R2025‑04 (apply for Blue Cross Blue Shield PLACE grant, Recreation Department): approved (motion carried). - Resolution R2025‑05 (purchase grapple truck via Sourcewell): approved (motion carried; one abstention recorded in the transcript). - Resolution R2025‑06 (apply for 50/50 bulletproof vest grant, Police Department): approved (motion carried). - Authorization to turn over delinquent 2023 taxes to Lincoln County Clerk and Master for collection: approved (motion carried). - Surplus vehicle declaration (2004 Nissan Xterra): approved (motion carried) and authorized for sale. - Appointment recommendations: library board appointment (Jamie King) approved; an appointment to the Fayetteville Public Utilities board (recommendation of Eddie Plunkett) was presented to the board during the meeting (votes recorded in transcript but the record of final disposition is not explicit in the public hearing transcript excerpt).

Clarifying details from testimony and staff reports: the Calverts said the building is about 50,000 sq. ft. and more than 70 years old; Magic Athletics has operated 12 years at the time of testimony; Paul Brinley said the business serves roughly 200 athletes and “over 1,367 families” (stated in testimony); state licensing inspectors and two state fire marshals recently inspected the proposed childcare site and, per testimony, cleared it for up to 49 children without a sprinkler system; the 99‑year restrictive covenant was discussed as the board‑approved condition tied to rezoning.

What the decision does not do: The rezoning approval with covenant changes the zoning classification; it does not itself authorize specific business operations, construction work, or licensing of the childcare center. State and local permits, inspections and licensing remain required before a childcare program may operate, and any uses not explicitly restricted by the covenant would remain allowable under C‑3 zoning and applicable city code.

Evidence in the transcript: The public hearing and subsequent vote appear in the meeting record beginning with the board’s opening remark, “This is for the rezoning of the Hedgemont property. That's 1107 Hedgemont Avenue,” and conclude with the motion and the board recording that the motion carries. The public record includes multiple citizen witnesses, legal counsel for the applicants and board discussion about adding a restrictive covenant.