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
SUP22-01. Order of Approval - Findings of Fact: Special Use Permit to allow two Two- to Four-Family Dwelling (4 duplexes units) in a Single-Family Residential 6 (SF-6) zoning district, to be located at 5473 & 5487 Grimes Rd. (REID # 9495042533000 & 9495042308000), totaling 1.13 acres ± and being the property of SXANGG INVESTMENT GROUP LLC.
end
COUNCIL DISTRICT(S):
Council District(s)
6 - Christopher Davis.
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 two duplex style units on two lots (one building on each lot - see attached site plan). The buildings will be built as one duplex on one property and another on the other. Properties to the north, south and east are all zoned SF-6 - Single Family 6. The properties to the west, across Grimes Road are all zoned AR - Agricultural Residential. The use of all of the surrounding lots is currently single family residential.
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.
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: SXANGG INVESTMENT GROUP LLC.
Applicant: Lori Epler, Larry King & Assoc.
Requested Action: SUP - Dwelling, Two- to Four-Family (2 Duplexes)
Properties Addresses: 5473 & 5487 Grimes Rd
Council District: 6 - Christopher Davis
Status of Properties: Single Family Residential - to be removed
Size: Approximately 1.13 acres total
Adjoining Land Use & Zoning:
• North - SF-6: Single-family
• South - SF-6: Single-family
• West - AR: Single-family
• East - SF-6: Single-family
Letters Mailed: 53
Land Use Plan: LDR - Low Density Residential
LDR - Low Density Residential consist mainly of single family residential with some accessory dwellings; occasionally with duplexes (if isolated) or townhomes. Lots typically 1-4 dwellings per acre. Suburban, auto-oriented character with utility services.
Additional Reviews:
A Technical Review Committee (TRC) examination was conducted as part of the Special Use Permit process. However, this use is allowed in the zoning district so a complete review of the project will be conducted as part of the Development Review process to ensure the development meets all development standards for the use.
Issues/Analysis:
Surrounding Area
Properties to the north, south and east are all zoned SF-6 - Single Family 6. The properties to the west, across Grimes Road are all zoned AR - Agricultural Residential. The use of all of the surrounding lots is currently single family residential.
Special Use Permit Request
The applicant is requesting a Special Use Permit to construct two duplexes on properties located on Grimes Road. The attached site plan shows the layout of the four units.
According to the owner, the proposed use will comply with all of the City’s Dwellings, Two- to Four-Family and will be a self-contained complex that will not interfere with the adjoining properties.
The application is only to address the construction of the two duplex 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 30-4.C.2.a.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:
1. Except for circular driveways, no two- to four-family dwelling lot shall be served by more than one driveway on the same block face.
2. Three and four-family dwellings on lots shall be served by a single entrance on any individual building façade.
3. 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.
4. Two- to four-family dwellings shall comply with Section 30-5.G <http://online.encodeplus.com/regs/fayetteville-nc/doc-viewer.aspx?ajax=0&tocid=005.030.005.007>, Single-family and Two-family Design Standards or 30-5.H Multifamily Design Standards, as appropriate.
As shown in the owner’s application and in the attached site plan, the special use complies with the standards set forth in the City Code of Ordinances. All setbacks meet to the given standards. 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 the surrounding area is zoned residential and is comprised of single-family residential homes. The project will consist of two duplexes.
(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 Law Road. 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 with its surroundings. There will be adequate parking on the property. Being that there are surrounding single-family homes Grimes Road, 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 occupied by two homes that will be removed if this SUP is approved.
(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, scenic resource or any natural resources. The land is currently flat with very little trees and has already been developed. It does not have a pond, but it is located next to a drainage ditch. 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 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 new construction of two Two- to Four-Family Dwelling (two duplexes for a total of four housing units total) 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