TO: Mayor and Members of City Council
THRU: Telly C. Whitfield, Ph.D. - Assistant City Manager
Dr. Gerald Newton, AICP - Development Services Director
Jennifer C Baptiste, CZO - Planning and Zoning Division Manager
FROM: Craig Harmon, Planner II, CZO
DATE: March 28, 2022
RE:
Title
SUP22-02. Order of Approval - Findings of Fact: Special Use Permit to allow nine Single Family Attached Dwellings (town homes) in a Single-Family Residential 6 (SF-6) zoning district, to be located at 6322 Raeford Rd on Little Dr. (REID # 0407305808000), totaling 2.25 acres ± and being the property of RAMSEY PLAZA LLC.
end
COUNCIL DISTRICT(S):
Council District(s)
7 - Larry Wright.
b
Relationship To Strategic Plan:
Strategic Operating Plan FY 2022
Goals 2026
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 to show that the standards have not been met by the applicant.
The owner is requesting to construct nine townhome style units on the lot. The units would be built side by side. The surrounding properties are a mix of single-family and commercially zoned and used properties.
In the City’s Unified Development Ordinance (UDO) townhomes are defined as a Single-Family Attached Dwelling which must have two or more single-family dwelling units, each with its own outside entrance and individual lot, which are joined together by a common or party wall which is shared by two or more individual dwelling units along the lot line.
On February 28, 2022, the City Council held an Evidentiary Hearing regarding this case. After hearing all relevant evidence, the Council voted 10-0 to issue the Special Use Permit.
Background:
Owner: RAMSEY PLAZA LLC.
Applicant: George M. Rose, P.E.
Requested Action: SUP - Single family attached dwellings
Properties Addresses: 6322 Raeford Road on Little Drive
Council District: 7 - Larry Wright
Status of Properties: Vacant
Size: Approximately 2.25 acres
Adjoining Land Use & Zoning:
• North - SF-10: 3 Duplexes
• South - LC: Commercial
• West - SF-6 & SF-10: Single-family & mobile home park
• East - SF-10: Single-family
Letters Mailed: 53
According to the Plan, it is recommended that this portion of the city should be developed as a Highway Commercial (HC).
Highway Commercial (HC) is best described as high-intensity nonresidential uses often near major intersections and highway interchanges (hotels, gas stations, big-box retail, and fast food). Redevelopment is not likely to include residential.
Issues/Analysis:
History:
The subject property and the surrounding area were annexed into the City of Fayetteville in 1996. The property was previously used as single-family residential.
The property was purchased by its current owner in August 2018. There are no structures on the property and is currently vacant with light vegetation.
The property is split-zoned with the southern portion of the lot zoned as Limited Commercial (LC) and the portion, in question, zoned as Single-Family Residential 10 (SF-10).
In March 2021, the SF-10 section of this property was rezoned to SF-6. Then in October of 2021 an additional ten feet (10’) wide strip was added to the SF-6 section of this property in order to give the property owners additional housing units.
Surrounding Area
The subject property is located along Little Drive just after its intersection with Raeford Road. The general area contains multiple zoning districts. These districts are Single-Family Residential 6 (SF-6), Single-Family Residential 10 (SF-10), and Light Industrial (LI). The subject property borders all three of these districts.
Special Use Permit Request
The applicant is requesting a Special Use Permit to construct townhomes on a vacant property. The attached site plan shows the layout of the nine units.
According to the owner, the proposed use will comply with all of the City’s multi-family standards and will be a self-contained complex that will not interfere with the adjoining properties. All open space requirements will be met.
The application is only to address the construction of the nine townhome sites.
Land within the City is generally classified by the Unified Development Ordinance (UDO) to be within one of a number of base zoning districts. Land may be reclassified to one of a number of comparable zoning districts in accordance with Section 30-2.C.
The SUP must meet the following findings of facts:
(1) The special use complies with all applicable standards in Section 30-4.C, Use-Specific Standards;
According to Section 30-5.H Dwelling, single-family attached - Multi-Family Design Standards:
These multi-family design standards are intended to:
a. Establish a minimum level of design quality for three- to four-family residential, attached residential, and multi-family development to foster sustained value and stability within developments and neighborhoods; and
b. Promote greater compatibility between three- to four-family residential, attached residential, and multi-family development and other allowed uses in the City through standards addressing building size and appearances, as well as off-street parking.
Although there are additional standards identified under Section 30-5.H.2, letter c. under this section states “standards shall not apply to multi-family development consisting of single-family attached structures (townhomes).
As shown in the owner’s application, the special use complies with the standards set forth in the City Code of Ordinance. The attached site plan is drawn to meet the requirements of the UDO.
(2) The special use is compatible with the character of surrounding lands and the uses permitted in the zoning districts(s) of surrounding lands;
According to the submitted site plan and the application, the proposed use is compatible with the overall area as most of the surrounding area is zoned residential and is comprised of both two- to four- family dwellings and single-family residential homes. The project will consist of nine single unit townhomes.
(3) The special use avoids significant adverse impact on surrounding lands regarding service delivery, parking, loading, odors, noise, glare, and vibration;
According to the site plan, the project will be developed similar to other properties along Little Drive. There will be minimal noise, etc. from the development. The project will be evaluated by the Technical Review Committee and other local, State, and Federal agencies as applicable. The special use permit for this property will fit right in with its surroundings. There will be adequate parking on the property. Being that there are surrounding single family homes and multifamily all along Little Drive, noise levels should not be altered by this new development.
(4) The special use is configured to minimize adverse effects, including visual impacts of the proposed use on adjacent lands;
According to the application and site plan, the project will be a residential development similar in nature to the surrounding developments. This new construction will bring a new feel to the area. As it currently sits, this property is an empty open track of land. This sometimes can be an invitation for loiters and littering.
(5) The special use avoids significant deterioration of water and air resources, wildlife habitat, scenic resources, and other natural resources;
According to the application and site plan, this development will have minimum effect on the wildlife, science resource or any natural resources. The land is currently a flat with very little trees. It does not have a pond nor is it located next to a stream or river. With its location, there is little chance of the proposed development effecting the natural resources.
(6) The special use maintains safe ingress and egress onto the site and safe road conditions around the site;
According to the application and site plan, the proposed use will be in a well established neighborhood with adequate roads. There are many homes and in the area that are currently serviced by the City of Fayetteville police, fire, and EMS responders. A driveway will be built in accordance with the attached site plan and Fayetteville City standards.
(7) The special use allows for the protection of property values and the ability of neighboring lands to develop the uses permitted in the zoning district; and
According to the application and site plan, the use will be new construction of nine residential townhome dwellings. Being a residential construction it should not change the property value of the surrounding buildings in a negative way. The dwellings that are being constructed will fit into the surrounding area's characteristics.
(8) The Special use complies with all other relevant City, State, and Federal laws and regulations.
The applicant will be required to meet all applicable standards.
Budget Impact:
This action should result in no increase in City services.
Options:
1. Approve the Order as presented;
2. Remand Order back to staff to changes;
Recommended Action:
The Professional Planning staff recommends that the City Council approve the Order of Approval as presented.
Attachments:
1. Application
2. Aerial Map
3. Zoning Map
4. Land Use Plan Map
5. Subject Properties
6. Surrounding Properties
7. Site Plan
8. Order of Approval - Findings of Fact