TO: Zoning Commission
THRU: Jennifer C Baptiste - Planning & Zoning Division Manager
FROM: Thomas Cohen - Planner I
DATE: November 10, 2026
RE:Title
P26-56: A request to rezone 2809 Skye Dr (0427184518000) consisting of 0.83 acres ±, owned by Andrew and Tiffany Pennink from Single-Family Residential 15 (SF-15) to Conditional Single Family Residential 15 (SF-15/CZ).
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COUNCIL DISTRICT(S):
Council District(s)
6 - Council Member Deno Hondros
b
Relationship To Strategic Plan:
Goal 2: Economic & Strategic Growth.
• Objective 2.6: To manage the City’s future growth and strategic land use.
Goal 3: Desirable Place to Live, Work, & Recreate.
• Objective 3.5: To ensure a place for people to live in great neighborhoods.
• Objective 3.6: To reduce poverty and homelessness.
Executive Summary:
The applicant requests conditional rezoning to enable the construction of an Accessory Dwelling Unit (ADU) of larger size than outlined in UDO Section 30-4.D.3.a Accessory Use Standards. The applicant proposed the following conditions:
1. Residential Use Only: The property shall be used exclusively for residential and personal use. All improvements shall be designed and maintained to comply to complement the existing residence.”
2. Maximum ADU Size: The maximum allowable size of the accessory dwelling unit (ADU) shall be capped at 2,900 square feet
The applicant completed a TRC Courtesy Review of their site plan. No issues of note were discovered. The principal structure is a very large single-family home located on an four-fifths acre lot within a single-family neighborhood of like construction. The increase in ADU size would not offend the neighborhood character nor the Future Land Use Plan because of the relative size of the principal structure and structural orientation of the lot which keeps the potential ADU subordinate to the principal structure. Thus, the professional planning staff recommend approval of the request as applied.
Background:
Owner: Andrew and Tiffany Pennink
Request: SF-15 to SF-15/CZ
REID or PIN: 0427184518000
Parcel Size: 0.83 acres±
Existing Site Conditions: Single family home with detached garage
Adjacent Zoning: SF-15 - Single family homes
Future Land Use Designation: Low Density Residential (LDR)
Public Notice: Notification letters were sent to property owners within 1,000 feet of the subject site equating to 70 notices sent.
Issues/Analysis:
Introduction
The applicant requests to conditionally rezone the one-acre property at 2809 Skye Dr. from Single Family Residential 15 (SF-15) to Conditional Single Family Residential 15 (SF-15/CZ). This is to enable the construction of an Accessory Dwelling Unit (ADU) that is of a greater square footage than the standard found in UDO Section 30-4.D.3.a Accessory Use Standards.
Conditions
The applicant proposes two conditions as follows:
1. Residential Use Only: The property shall be used exclusively for residential and personal use. All improvements shall be designed and maintained to comply to complement the existing residence.
2. Maximum ADU Size: The maximum allowable size of the accessory dwelling unit (ADU) shall be capped at 2,900 square feet.
The current standard for maximum ADU square footage is 800 square feet - a net increase of 2100 square feet or 362.5%.
Future Land Use Analysis
The 2040 Future Land Use Plan (FLUP) is central to the analysis of requests but are affixed by the reasonableness to the local contexts and service to public good. The FLUP outlines Character Area Designations which represent the guiding vision of the city’s hopes are for given areas or properties. The subject property has the designation Low Density Residential (LDR) which is defined as “mainly single-family residential with some accessory dwellings; occasionally with duplexes or townhomes.”
The request maintains the base zoning district of Single Family Residential 15 (SF-15) which is characterized by single-family, detached residential development and duplexes that will resemble such development. Accessory dwelling structures are permitted with adherence to the accessory structure standards as well as those found in UDO Section 30-4.D.3.a Accessory Use Standards. Thus, SF-15 directly aligns with the LDR designation.
Conditions Analysis
This zoning district would be modified by any conditions agreed upon between the city and the applicant. Conditions can impact the consistency and reasonability of a rezoning. The applicant has proposed the two above conditions with one being limiting and the other an entitlement increase.
Condition One limits the property itself to residential and personal use. Commercial use is already prohibited within SF-15 which renders part of Condition One redundant. However, the specification of limitation to “personal use” and design aesthetics are of questionable enforceability by City of Fayetteville. However, they represent the intent of the applicant to not use Condition Two for immediate financial gain.
Condition Two increases the maximum square footage an ADU is permitted to be from 800 square feet to 2900 square feet. This is a net increase of 2100 square feet from the existing standard. While this is a 362.5% increase in the entitlement, any ADU built to this scale is still subordinate to the principal structure based on square footage.
The entitlement adjustments created by the above conditions are not inconsistent with the Future Land Use Plan, its character area designations, or the base zoning district.
Local Context
The neighborhood itself is an interconnected series of smaller neighborhood sections with various sizes, styles, and lot sizes. However, the section where the subject property resides is accessed primarily by Morganton Rd with houses built on a similar square footage on lots that are generally greater than or equal to the subject property. The subject property itself is a four-fifths acre lot with a principal structure that is a 6274 sqft single-family home.
While ADUs and accessory structures are not common in this neighborhood section, ones that are built tend to be designed to be of a size relative to the principal. In the case of this neighborhood section that would often be seen as large relative to the average home within Fayetteville. When examined relative to the neighborhood section the request is consistent to what might be found elsewhere within the neighborhood.
Conclusion
Taking all of this into account, the request is reasonably aligned with the FLUP and the local context. Condition One limits the property to be used for persona use only and an increase to entitlement that does not create downstream impacts on any other entitlements or any other potential residential limitations. Any potential drainage or stormwater issues shall be addressed within the review process for the build permit.
Budget Impact:
Approval or denial of the requested map amendment does not create immediate and direct impacts on the budget other than the collection of the application fee and cost for relevant staff. Approval would represent a small increase to property taxes from the addition of new livable square footage as well as a possible increase in the stormwater fee.
Options:
• Approval (Recommended Action):
Recommend approval of the application with the proposed condition presented.
• Approval, but with revised conditions:
Recommend approval of the application but with a revised set of conditions agreed to by the applicant in writing.
• Denial:
Deny the proposed map amendment based on inconsistency with the Future Land Use Plan and/or unreasonableness to the local context.
Recommended Action::Recommended Action
The Professional Planning Staff recommends that the Zoning Commission recommends to City Council a motion to APPROVE the request as presented - to conditionally rezone the approximately 0.83 acres at 2809 Skye Dr from Single Family Residential 15 (SF-15) to Conditional Single-Family Residential 15 (SF-15/CZ) with the following conditions:
1. Residential Use Only: The property shall be used exclusively for residential and personal use. All improvements shall be designed and maintained to comply to complement the existing residence.
2. Maximum ADU Size: The maximum allowable size of the accessory dwelling unit (ADU) shall be capped at 2,900 square feet.
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Attachments:
1. Application
2. Aerial Notification Map
3. Current Zoning Map
4. Future Land Use Map
5. Site Pictures (Subject Site)
6. Site Pictures (Surrounding Properties)
7. Consistency and Reasonableness Statement
8. Site Plan