TO: Mayor and Members of City Council
THRU: Kelly Olivera - Assistant City Manager
Dr. Gerald Newton, AICP - Development Services Director
FROM: Will Deaton, AICP - Planning and Zoning Manager
Craig Harmon, CZO - Senior Planner
DATE: May 22, 2023
RE:
Title
SUP23-04. Special Use Permit to allow a duplex in the Single-Family Residential 15 (SF-15) zoning district on property located at 105 Arbor View Court (REID # 0427471706000) and owned by Nikki Creecy, Shinelight Properties, LLC.
end
COUNCIL DISTRICT(S):
Council District(s)
5 - Mayor Pro Tem Johnny Dawkins
b
Relationship To Strategic Plan:
Strategic Operating Plan FY 2022
Goals 2027
Goal II: Responsive City Government Supporting a Diverse and Viable Economy
• Objective 2.1 - To ensure a diverse City tax base
• Objective 2.4 - To sustain a favorable development climate to encourage business growth.
Goal III: City Investment in Today and Tomorrow
• Objective 3.2 - To manage the City's future growth and strategic land use.
• Objective 3.3 - To sustain a favorable development and business climate through timely and accurate construction review and building inspection services
Goal IV: Desirable Place to Live, Work and Recreate
• Objective 4.3 - To improve mobility and connectivity through sidewalk, trail, and bike lane investments
• Objective 4.4 - To provide a clean and beautiful community with increased green spaces
Objective 4.5 - To ensure a place for people to live in great neighborhoods.
Executive Summary:
Evidentiary Hearing:
During an Evidentiary Hearing, the burden of demonstrating that an application complies with applicable review and approval standards of this Ordinance is on the applicant, which shall be demonstrated by competent, material, and substantial evidence. The burden is not on the City or other parties to show that the standards have not been met by the applicant.
The owner is requesting to construct one duplex (2 units) on one lot (see attached site plan). The property to the north is zoned Single Family 6 (SF-6) and the property to the east is zoned Single Family 10 (SF-10). The properties to the south and west are zoned Single Family 15 (SF-15). These properties are being used as single-family residential lots.
In the City’s Unified Development Ordinance (UDO) duplexes are defined as a Dwelling, Two- to Four-Family, which is a building containing two, three, or four individual dwelling units located on a single lot. Such units may be part of a single structure or may be attached by one or more common walls.
Background:
Owner: Shinelight Properties, LLC
Applicant: Lori Epler, Larry King & Assoc.
Requested Action: SUP - Dwelling, Two- to Four-Family (1 duplex)
Properties Addresses: 105 Arbor View Court
Council District: 5 - Mayor Pro Tem Johnny Dawkins
Status of Property: Vacant
Size: Approximately 0.33 acres total
Adjoining Land Use & Zoning:
• North - SF-6: Single-family
• South - SF-15: Single-family
• West - SF-15: Single-family
• East - SF-10: Single-family
Letters Mailed: 164
Land Use Plan: MDR - Medium Density Residential
Medium Density Residential consists primarily of single-family residential neighborhoods with small lots (3-6 dwellings per acre). Two- to Four-Family Dwellings should be interspersed within neighborhoods. Low-rise apartments are also possible. These areas of the city are mostly auto-oriented, with some walkable neighborhoods and destinations.
Additional Reviews:
A Technical Review Committee (TRC) examination was conducted as part of the Special Use Permit process. Standard development comments were provided.
Issues/Analysis:
Surrounding Area:
There are a variety of residential zoning districts around the subject property including SF-6, SF-10, and SF-15. All of the surrounding properties are used as single family residential dwellings except for one townhome development to the south.
Special Use Permit Request:
The owner is requesting to construct one duplex (2 units) on one lot. The attached site plan shows the layout of the two units.
Arbor View Court was previously platted as a four-lot subdivision intended for the construction of four single-family dwellings. Subsequently, the current owner purchased the four-lot subdivision and has applied for this Special Use Permit in order to construct a duplex on one of the four lots.
The SUP must meet all of the following findings of facts:
(1) The special use complies with all applicable standards, conditions, and specifications in this Ordinance, including in Section 30-4.C, Use-Specific Standards;
30-4.C.2.: Dwellings, Two- to Four-Family
Two-to four-family dwellings in an SF-15, SF-10, or SF-6 district shall comply with the following standards:
a) Except for circular driveways, no two- to four-family dwelling lot shall be served by more than one driveway on the same block face.
b) Three and four-family dwellings on lots shall be served by a single entrance on any individual building façade.
c) Ground based, roof-based, and wall-mounted electrical equipment, HVAC equipment, and other utility connection devices shall be ganged and screened, or located outside the view from any adjacent public street.
d) Two- to four-family dwellings shall comply with Section 30-5.G, Single-family and Two-family Design Standards or 30-5.H Multifamily Design Standards, as appropriate.
(2) The special use will be in harmony with the area in which it is located;
According to the submitted site plan and the application, “the construction of the structure will be very much in keeping with the surrounding homes. The entrances to the units face a private street so from Morganton Road it will appear to be a single family unit. Across Morganton Road there are two developments of multi-family units.”
(3) The special will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved;
According to the application and site plan, “these are residential units and will have no negative impact on adjoining properties.”
(4) The special use is in general conformity with the City's adopted land use plans and policies;
The 2040 Land Use Plan calls for Medium Density Residential, which consists primarily of single-family residential neighborhoods with small lots (3-6 dwellings per acre). Two- to Four-Family Dwellings should be interspersed within neighborhoods. Low-rise apartments are also possible. These areas of the city are mostly auto-oriented, with some walkable neighborhoods and destinations.
(5) The special us will not substantially injure the value of the abutting land, or the special use is a public necessity; and
According to the application, “the structure will blend nicely with surrounding properties which are already developed.”
(6) The special use complies with all other relevant City, State, and Federal laws and regulations.
The owner will be required to comply with all applicable laws and regulations.
Budget Impact:
This action should result in no increase in City services.
Options:
1) City Council moves to approve the Special Use Permit (SUP) as presented based on the evidence submitted and finds that the Special Use Permit (SUP) meets the six (6) findings of fact.
2) City Council moves to approve the Special Use Permit (SUP) as presented with conditions, based on the evidence submitted and finds that the Special Use Permit (SUP) meets the six (6) findings of fact.
3) City Council moves to deny the Special Use Permit (SUP) based on the evidence submitted and finds that the Special Use Permit (SUP) fails to meet the six (6) findings of fact.
Recommended Action:
OPTION 1
I move to APPROVE the Special Use Permit (SUP) to allow Two- to Four-Family Dwellings (1 duplex) in a Single-Family Residential 15 (SF-15) zoning district subject to the submitted site plans and conforming to the current Unified Development Ordinance standards as depicted on the attached site plan, as presented by staff, based on the standards of the City's development code and the evidence presented during this hearing. And that the application is consistent with applicable plans because: (1) the development is located in a Single Family 15 (SF-15) zoning district and (2) that this use complies with the findings listed and (3) the proposed permit is in the public interest because the proposed SUP does fit with the character of the area.
[Applicable to Motion to Approve] If approved, this Special Use Permit shall become effective with the approval of the Order of Findings by the City Council. The SUP shall expire one year from its effective date if a building permit is not issued within that time.
*For a motion to approve, all six findings below must be met:
1. The special use complies with all applicable standards, conditions, and specifications in this Ordinance, including in Section 30-4.C, Use-Specific Standards;
2. The special use will be in harmony with the area in which it is located;
3. The special will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved;
4. The special use is in general conformity with the City's adopted land use plans and policies;
5. The special us will not substantially injure the value of the abutting land, or the special use is a public necessity; and
6. The special use complies with all other relevant City, State, and Federal laws and regulations.
OPTION 2
I move to DISAPPROVE the Special Use Permit (SUP) for the construction of Two- to Four-Family Dwellings (1 duplex) in a Single-Family Residential 15 (SF-15) zoning district as depicted on the attached site plan, as presented by staff, based on the standards of the City's development code and the evidence presented during this hearing. And that the application does not meet the finding(s) of fact listed below. More specifically finding(s) #_____.]
* For a motion to deny only one of the findings shown below needs to not apply.
1. The special use complies with all applicable standards, conditions, and specifications in this Ordinance, including in Section 30-4.C, Use-Specific Standards;
2. The special use will be in harmony with the area in which it is located;
3. The special will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved;
4. The special use is in general conformity with the City's adopted land use plans and policies;
5. The special us will not substantially injure the value of the abutting land, or the special use is a public necessity; and
6. The special use complies with all other relevant City, State, and Federal laws and regulations.
[Applicable to Motion to Deny] If denied this action shall become effective upon the approval of the Order of Findings by the City Council.]
Attachments:
1. Application
2. Aerial Map
3. Zoning Map
4. Land Use Plan Map
5. Subject Properties
6. Surrounding Properties
7. Site Plan
8. PowerPoint