Legislation Details

File #: 24-4230    Version: 1 Name: SUP24-05. Order of Approval - Findings of Fact,
Type: Consent Status: Agenda Ready
File created: 9/10/2024 In control: City Council Regular Meeting
On agenda: 9/23/2024 Final action: 10/15/2025
Title: SUP24-05. Order of Approval - Findings of Fact, Special Use Permit (SUP) to allow the construction of 8 town homes (single family attached units) on 0.98 acres of property zoned Single-Family 6 Residential (SF-6) located at 1011 Cain Rd (REID #0428145182000) and being the property of Michael Pleasant, applicant George Rose, George M. Rose, P.E.
Attachments: 1. SUP24-05 FoF Final, 2. Application(7), 3. SUP24-05 Aerial Notification Map, 4. SUP24-05 Zoning Map, 5. SUP24-05 Land Use Map, 6. Subject Property, 7. Surrounding Properties, 8. Site Plan, 9. CC PowerPoint SUP24-05
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
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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 & Zoning Manger

                                          Craig Harmon, CZO - Senior Planner

 

DATE:                      September 23, 2024

 

RE:

Title

SUP24-05. Order of Approval - Findings of Fact, Special Use Permit (SUP) to allow the construction of 8 town homes (single family attached units) on 0.98 acres of property zoned Single-Family 6 Residential (SF-6) located at 1011 Cain Rd (REID #0428145182000) and being the property of Michael Pleasant, applicant George Rose, George M. Rose, P.E.                     

end

 

COUNCIL DISTRICT(S):                      

Council District(s)

4 - D.J. Haire                     

 

 

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:

On August 26, 2024 the City of Fayetteville City Council held an evidentiary hearing regarding this case.  The Council voted 10-0 to approve this Special Use Permit.

The owner is requesting to construct 8 townhomes on one lot located on Cain Road. The subject property and the adjacent property to the south are both zoned Single Family 6 (SF-6).  This property to the south is developed as an apartment complex consisting of two buildings with six units in each building (12 total units).  All of the other surrounding properties are zoned Single Family 10 (SF-10). The remaining surrounding area has been developed for mainly single-family homes.

In the City’s Unified Development Ordinance (UDO) town homes are defined as single-family attached dwellings, with 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.

 

 

Background: 

Owner: Michael Pleasant

Applicant:   George Rose, George M. Rose, P.E.

Requested Action:  SUP - Single Family Attached Dwellings (8 Town-home units)

Property Address: 1011 Cain Rd

Council District:   4 - D.J. Haire

Status of Property:  Vacant, wooded

Size: Approximately 0.98 acres

 

Adjoining Land Use & Zoning:  

•                     North - SF-10: Single Family

•                     South - SF-6: Apartments

•                     West - SF-10: Single Family

•                     East - SF-10: Single Family

Letters Mailed: 145

 

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:

The surrounding area is currently zoned Single Family 10 (SF-10) except for the parcel to the south which is zoned Single Family 6 (SF-6). This SF-6 zoned parcel is the site of a small apartment complex of 12 units. The rest of the surrounding area is all single family residential housing.

 

Special Use Permit Request:

The owner is requesting to construct 8 townhome units on the 0.98-acre site. The SF-6 zoning district would allow for a maximum of 8 townhome units on this site.

This is the only new residential development in this area in quite a while, since the 1970s.

The current request for 8 townhome units will also be required to meet all standards of the Unified Development Ordinance. This development will add to the needed housing stock while also developing land that has been vacant prior to 2008.

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;

                     According to the applicant, “the SUP will follow the UDO as well as all local, state                      and federal requirements”, as well as all Multi-Family Design Standards found in                      30-5.H.4 of the UDO.  For determining allowed density, the total units allowed                      is 8.3 units where 8 units are planned.  Parking requirement is 2 spaces per                      dwelling unit.  Sixteen spaces are required where 22 spaces are being provided.

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 special use                      allowing four-family dwellings is in harmony with the adjacent property to the                      south, which is developed with two, 6-unit buildings containing rental townhomes.                       Rental properties also exist in the single-family properties to the east across Cain                      Road.”

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, “The special use will not endanger the                      public health or safety in that new construction with higher rental rates will attract                      quality tenants. The site contains public water and sewer utilities, adequate                      parking and storm-water management facilities to minimize impact of the                      development on adjacent properties.”

4. The special use is in general conformity with the City's adopted land use plans and

policies;

                     The City’s 2040 Future Land Use Plan calls for Medium Density Residential                      consisting 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, “Proposed development and special use will not injure the value of surrounding land in that multifamily units currently exist to the south. The site design incorporates all UDO requirements in terms of setbacks, buffers, parking and storm-water management.”

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.

 

Analysis:

According to the 2040 Future Land Use Plan, this proposed development falls within GOAL #1 of the plan - Focus value and investment around infrastructure and strategic nodes and GOAL #4 - Foster safe, stable, and attractive neighborhoods.

 

Under the plan’s Land Use Policies and Strategies section, subsection Strategic, Compatible Growth, this proposed development falls under the following sections:

 

LU  -1:ENCOURAGE GROWTH IN AREAS WELL-SERVED BY INFRASTRUCTURE AND URBAN SERVICES, INCLUDING ROADS, UTILITIES, PARKS, SCHOOLS, POLICE, FIRE AND EMERGENCY SERVICES.

•                     1.1: Work with the Public Works Commission (PWC)  and other utility provider to ensure that public facilities and services are planned in a coordinated manner

Ø                     Utilize the Future Land Use map as a guide for infrastructure expansion

•                     1.2: Encourage more intense uses, a greater mix of uses, and denser residential types in key focal areas 

Ø                     Regional Centers & Community Centers

Ø                     Neighborhood Mixed Use

Ø                     Downtown

•                     1.6: Require adequate infrastructure to be in place prior to or in tandem with new development

Ø                     This includes road infrastructure such as roads, turn lanes and sidewalks as well as public services such as parks, schools, water/sewer, police, fire and emergency services

•                     1.7: Encourage a logical progression of housing development and discourage “leapfrog” development

                                          Leapfrog development is development that occurs in areas away from                                                                existing development and in areas currently not served by infrastructure or                                           adjacent to services, esp. water/sewer.  This type of growth can lead to                                                                higher costs of providing urban services. Farm and forest land east of the                                                                Cape Fear River is currently not served by City sewer.  Extension of sewer                                           to much of this area is not advisable due to cost to provide service and                                                                environmental constraints.

 

Under the SAFE, STABLE AND ATTRACTIVE NEIGHBORHOODS section the following sections apply:

 

LU  -6:ENCOURAGE DEVELOPMENT STANDARDS THAT RESULT IN QUALITY NEIGHBORHOODS

LU  -7:ENCOURAGE A MIX OF HOUSING TYPES FOR ALL AGES AND INCOMES

•                     7.1: Allow a mix of housing, including attached and multi-family homes,  to create diverse neighborhoods, especially within and near Downtown and designated Regional, Community and Neighborhood Centers

•                     7.2:  Allow a mix of smaller-scale detached and attached housing in Medium Density Residential and Neighborhood Improvement areas (as identified on the Future Land Use Map)

Ø                     Housing types in these areas could include smaller-lot patio homes, duplexes, triplexes, quadplexes and townhomes

§                     Greater flexibility in allowable housing types, setbacks or parking requirements could be considered for Neighborhood Improvement areas to encourage reinvestment

§                     Design standards could be implemented to encourage compatibility with existing development in these areas.  Standards could include:

§                     Architectural standards

§                     Open space requirements

§                     Parking design criteria (i.e. location, planting requirements)

 

 

 

Budget Impact: 

This action should result in no significant increase in City Services.

 

 

Options: 

1)                     The City Council moves to approve the Order of Approval - Findings of Fact as presented.

 

2)                     The City Council moves to remand the Order of Approval - Findings of Fact back to staff for specific changes.

 

 

 

Recommended Action: 

The professional Planning Staff recommends option 1 above.

 

 

Attachments:

1.                     Order of Approval - Findings of Fact

2.                     Application

3.                     Aerial Map

4.                     Zoning Map

5.                     Land Use Plan Map

6.                     Subject Properties

7.                     Surrounding Properties

8.                     Site Plan

9.                     PowerPoint