TO: Mayor and Members of City Council
THRU: Kelly Olivera - Assistant City Manager
Dr. Gerald Newton, AICP - Development Services Director
FROM: Craig Harmon, Senior Planner, CZO
DATE: January 9, 2023
RE:
Title
SUP23-02. Special Use Permit to allow Two- to Four-Family Dwellings (1 triplex) in a Single-Family Residential 6 (SF-6) zoning district, to be located at 206 Post Ave. (REID # 0439705376000), totaling 0.38 acres ± and being the property of Tammy and Tyrone Lock, represented by Lori Epler of Larry King and Associates.
end
COUNCIL DISTRICT(S):
Council District(s)
2 - Shakeyla Ingram
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 or other parties to show that the standards have not been met by the applicant.
The owner is requesting to construct one triplex (3 units) on one lot (see attached site plan). Properties to the north, west, and east are all zoned SF-6 - Single Family 6. These properties are being used as single-family residential lots. The properties to the south are zoned LC - Limited Commercial, with some being used commercially and some being vacant.
In the City’s Unified Development Ordinance (UDO) triplexes 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: Tammy and Tyrone Lock
Applicant: Lori Epler, Larry King & Assoc.
Requested Action: SUP - Dwelling, Two- to Four-Family (1 triplex)
Properties Addresses: 206 Post Ave.
Council District: 2 - Shakeyla Ingram
Status of Property: Former Single Family Residential
Size: Approximately 0.38 acres total
Adjoining Land Use & Zoning:
• North - SF-6: Single-family
• South - LC: Commercial & Vacant
• West - SF-6: Single-family
• East - SF-6: Single-family
Letters Mailed: 155
Land Use Plan: MDR - Medium Density Residential
MDR - 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. 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.
The applicant is asking that two conditions be added to the approval of this project.
1. A reduction in the side yard setbacks as shown on the attached site plan.
2. An allowance for each unit to have its own individual front door entrance instead of one main entrance serving all three units.
Issues/Analysis:
Surrounding Area
Properties to the north, west, and east are all zoned SF-6 - Single Family 6. The properties to the south, are zoned LC - Limited Commercial. All of the surrounding lots except for the ones to the south are used for commercial development.
Special Use Permit Request
The owner is requesting to construct one triplex (3 units) on one lot. The attached site plan shows the layout of the three units.
According to the owner, the proposed use will comply with all of the City’s Dwellings, Two- to Four-Family requirements except for the following conditioned exceptions.
1. A reduction in the side yard setbacks as shown on the attached site plan.
2. An allowance for each unit to have its own individual front door entrance instead of one main entrance serving all three units.
Homes within the subdivision in question are predominately single-family detached dwellings. The SF-6 zoning district requires a 10-foot minimum side yard setback for all properties. However, Post Avenue was developed as part of the E.M. Currin Property, which was platted in the late 1940s, with the construction of new homes starting in the early 1950s. This was prior to Fayetteville adopting its first Zoning Ordinance. According to the Cumberland County GIS, many of the homes along Post Avenue do not meet the Unified Development Ordnance’s (UDO) side yard setback standards for SF-6 zoning districts. Many homes in the neighborhood have side yard setbacks of less than 10 feet, some being as little as only a couple of feet.
The application is only to address the approval and construction of the one triplex site.
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. (The owner requests a condition to allow for individual entrances on each unit.)
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 with the following conditioned exceptions.
1. A reduction in the side yard setbacks as shown on the attached site plan.
2. An allowance for each unit to have its own individual entrance instead of one entrance for all three units.
(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 mainly single-family residential homes and small multi-family complexes.
(3) The special use avoids significant adverse impact on surrounding lands regarding service delivery, parking, loading, odors, noise, glare, and vibration;
According to the application and site plan, the project is a residential development in a residential area. There will be no adverse impacts on adjoining parcels with regards to service delivery, parking, loading, odors, noise, glare, and vibration.
(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 self contained on one parcel and has sufficient on-site parking. There will be only one driveway so as to allow for one car to enter the street at a time, preserving a safe aspect. All construction materials will be comparable to those of the surrounding homes. The owner anticipates no negative visual impacts on the neighboring properties.
(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 is in a residential subdivision designed for and situated in an area that is not sensitive to 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. The project proposes only one driveway to maximize safe traffic movement to the same level as a single-family structure would.
(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 neighboring lots are currently built upon and those structures were constructed in the 1950s. This development will not negatively affect those properties. The owner asserts that the proposed development may increase surrounding property values.
(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) 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 eight (8) 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 eight (8) 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 eight (8) findings of fact.
Recommended Action:
OPTION 1
I move to APPROVE the Special Use Permit (SUP) to allow Two- to Four-Family Dwellings (1 triplex) in a Single-Family Residential 6 (SF-6) zoning district subject to the conditions identified and 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 6 (SF-6) 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 eight findings below must be met:
(1) The special use will comply with all applicable standards in Section 30-4.C, Use-Specific Standards; [insert supporting facts]
(2) The special use is compatible with the character of surrounding lands and the uses permitted in the zoning district(s) of surrounding lands; [insert supporting facts]
(3) The special use avoids significant adverse impact on surrounding lands regarding service delivery, parking, loading, odors, noise, glare, and vibration; [insert supporting facts]
(4) The special use is configured to minimize adverse effects, including visual impacts of the proposed use on adjacent lands; [insert supporting facts].
(5) The special use avoids significant deterioration of water and air resources, wildlife habitat, scenic resources, and other natural resources; [insert supporting facts]
(6) The special use maintains safe ingress and egress onto the site and safe road conditions around the site; [insert supporting facts].
(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; [insert supporting facts]
(8) The special use complies with all other relevant City, State, and Federal laws and regulations. [insert supporting facts]
OPTION 2
I move to DISAPPROVE the Special Use Permit (SUP) for the construction of Two- to Four-Family Dwellings (1 triplex) in a Single-Family Residential 6 (SF-6) 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 will comply with all applicable standards in Section 30-4.C, Use-Specific Standards; [insert supporting facts]
(2) The special use is compatible with the character of surrounding lands and the uses permitted in the zoning district(s) of surrounding lands; [insert supporting facts]
(3) The special use avoids significant adverse impact on surrounding lands regarding service delivery, parking, loading, odors, noise, glare, and vibration; [insert supporting facts]
(4) The special use is configured to minimize adverse effects, including visual impacts of the proposed use on adjacent lands; [insert supporting facts].
(5) The special use avoids significant deterioration of water and air resources, wildlife habitat, scenic resources, and other natural resources; [insert supporting facts]
(6) The special use maintains safe ingress and egress onto the site and safe road conditions around the site; [insert supporting facts].
(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; [insert supporting facts]
(8) The special use complies with all other relevant City, State, and Federal laws and regulations. [insert supporting facts]
[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