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 M. Harmon, CZO - Planner II
DATE: March 28, 2022
RE:
Title
TA21-17: Proposed Text Amendments to the Unified Development Ordinance to allow a Dwelling, Multi-Unit Single-Family, Detached on one lot. Applicant Next Chapter Holdings, represented by Jonathan Charleston of the Charleston Group.
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COUNCIL DISTRICT(S):
Council District(s)
All
b
Relationship To Strategic Plan:
Strategic Operating Plan FY 2021
Goals 2026
Goal 2: Responsible City Government Supporting a Diverse and Viable Economy
• Objective 2.4 - Sustain a favorable development climate to encourage business growth
Goal 3: City Investment in Today and Tomorrow
• Objective 3.2 - Manage the City's future growth and strategic land use
Executive Summary:
Since the start of the City of Fayetteville Zoning (March 13, 1961) through now, the city ordinances do not allow more than one single-family detached dwelling (primary structure) on one lot. In order to allow this concept of multiple single-family dwellings on one parcel, a change must be made to the current ordinance. Consideration of this change is a significant policy issue that appears workable.
According to the applicant and some research, the national demand for single-family detached rental units is on the rise. This Text Amendment Application has been submitted by the Charleston Group, Attorneys on behalf of New Chapter Holdings, LLC. The applicant is requesting a change to the City’s Unified Development Ordinance (UDO) to allow multiple single-family detached dwellings (primary structures) to be built on one lot.
The applicant is requesting the ability to construct multiple single-family detached dwelling units on one parcel. The concept is to design the units as single-family dwellings, but rent the units as opposed to selling the individual units. This concept has grown in popularity across the country and is gaining traction in North Carolina. So much so that this is the third developer to approach the City in the last two years about constructing this type of development.
This item was introduced to the Planning Commission at their January meeting. After a brief presentation, the item was tabled to the February meeting by the Commission.
On February 15, the Planning Commission held a public hearing regarding this case. There were no speakers in opposition. The Commission voted 9-0 to recommend approval of the text amendment as prepared by staff.
Background:
Currently only one principal use or structure is allowed on a single lot. The applicant seeks a text amendment to allow a single-family detached dwelling community to be built on one lot, without subdividing it into individual parcels.
The City of Fayetteville’s UDO defines a “dwelling, multi-family” as a building containing five or more individual dwelling units, with the units often stacked one above the other in a vertical configuration, sharing common vertical walls and/or horizontal floors and ceilings.
The City of Fayetteville’s UDO defines “Lots” as a parcel of land or any combination of several parcels of land occupied or intended to be occupied by a principal use or structure, together with any accessory structures or uses and such access ways, parking area, yards, and open spaces required in these regulations.
In the UDO, the proposed changes include the following sections:
- Section 30-5. Development Standards
- Section 30-9.D. Definitions
Issues/Analysis:
The applicant is proposing changes to the following two definitions in the UDO. The underlined areas are the applicant’s requested changes from their application.
1. Dwelling, Multi-Family - A building containing five or more individual dwelling units, with the units often stacked one above the other in a vertical configuration, sharing common vertical walls and/or horizontal floors and ceilings, or not less than one hundred (100) single family detached residential rental structures all having common ownership.
2. Lot - A parcel of land or any combination of several parcels of land occupied or intended to be occupied by a principal use or structure, or multiple structures with the same principal use, together with any accessory structures or uses and such access ways, parking area, yards, and open spaces required in these regulations.
Text amendments
After review of the applicant’s request, the professional Planning Staff has put together the following alternate text changes that staff believes will be more equitable for the entire city, accomplish the applicant’s goals, and protect neighboring properties by adding the following standards to the UDO. Because although this application was submitted by an individual, this change will affect all developments of this type if adopted.
For smaller neighborhoods, the Cottage Development standards in the UDO should be used as an alternative.
30-5: Development Standards
30-5.P. Multi-Unit Single-Family Design Standards
a. Zoning Districts - Permitted in the following districts
1. MR-5 - Mixed Residential 5
2. OI - Office & Institutional
3. NC - Neighborhood Commercial
b. Dimensional Standards
1. Total Acreage
Minimum total development size shall be no less than 10 acres
Density
i. Must meet that of the underlying Zoning District.
c. Building Orientation
1. Separation
All buildings/units within a Multi-Unit Single-Family Detached Dwelling development must meet the following building location standards.
i. Each building/unit front shall be located at least 55 feet from the centerline of the street fronting the dwelling or 25 feet from edge of pavement.
ii. Each building/unit shall have a distance separation of 10 feet between each structure.
2. To Streets
All dwellings shall be oriented so that the primary entrance faces the private street or drive serving the community. In the case of corner lots, the primary entrance shall face the street from which the dwelling derives its street address.
a. All dwelling units shall be accessed by a series of internal private drives.
3. Fronting Open Space
a. At least ten percent of all dwellings shall front upon or abut an open space dedicated area.
b. As an alternative to subsection (a) above, a developer may propose access to open space facilities within or adjacent to a development via a right-of-way 20 feet wide that is reasonably accessible to all residents in a development.
d. Garage Standards
1. Applicability
The standards in this section shall apply to new attached and detached street-facing and side-loaded garages and car ports located within 50 feet of the street fronting a dwelling.
2. Maximum Size
a. Detached garages and carports shall not exceed 30 percent of the dwelling's total floor area.
b. A street-facing garage door(s) or carport opening shall not exceed 40 percent of the total front façade area of the dwelling.
e. Roof Projections
All roof vents, antennas, satellite dishes, and other roof penetrations and equipment (except chimneys) shall be located on the rear elevations to the maximum extent practicable, or be otherwise configured to have a minimal visual impact as seen from the street.
f. Accessory Structures
Accessory structures such as clubhouse, pools, mail kiosks, etc. are allowed as part of the overall development.
f. Internal streets
All streets internal to the development must meet the City’s public or private street standards.
30-9 Definitions:
Dwelling, Multi-Unit Single-Family, Detached on one lot - Designed to provide flexible and consistent alternative development to conventional single-family residential subdivision. Allows for the construction of multiple single-family detached dwellings on an individual lot without requiring subdivision into individual parcels for each dwelling. The use is subject to development standards.
30-4.A.2
Budget Impact:
N/A
Options:
In accordance with City Code, the City Council shall hold a public hearing on the application. After the close of the hearing, the Council shall consider the application, relevant support materials, the City Council Action Memo, and any comments given by the public. The Council, by a majority vote of a quorum present, shall take one of the following actions:
1) Adopt proposed text amendments as written;
2) Deny the proposed text amendments;
3) Adopt the proposed text amendments with revisions; or
4) Remand proposed text amendments back to Staff for further consideration.
In making its decision, the City Council shall adopt a written Statement of Consistency that describes whether the decision is consistent with all City-adopted plans that are applicable.
Recommended Action:
The Planning Commission and Professional Planning Staff recommends Option 1: Adopt proposed text amendments as written.
Attachments:
1. Ordinance Amending 30-4
2. Ordinance Amending 30-5
3. Ordinance Amending 30-9
4. Statement of Consistency