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
SUP21-09. Order of Approval - Findings of Fact: Special Use Permit to allow four Single-Family Attached Dwellings (Townhome units) in a Single-Family Residential 10 (SF-10) zoning district, to be located at 611 Law Road (REID # 0439858626000), totaling 0.90 acres ± and being the property of Olajuwon Morgan, PalmHaven, LLC.
end
COUNCIL DISTRICT(S):
Council District(s)
1 - Mayor Pro Tem Kathy Jensen
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 four townhome style units on the lot. The units would be built side by side. All of the surrounding properties are zoned SF-10 and there is existing multi-family development to the east, west, and south.
In the City’s Unified Development Ordinance (UDO) townhomes are defined as a Single-Family Attached Dwelling which must have 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.
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: Olajuwon Morgan, PalmHaven LLC.
Applicant: Olajuwon Morgan, PalmHaven LLC
Requested Action: SUP - Single-Family Attached Dwellings
Properties Addresses: 611 Law Rd
Council District: 1 - Mayor Pro Tem Kathy Jensen
Status of Properties: Undeveloped
Size: Approximately 0.90 acres
Adjoining Land Use & Zoning:
• North - SF-10: Single-family
• South - SF-10: Single-family
• West - SF-10: Multi-family & Single-family
• East - SF-10: 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.
In general development comments were received. The only specific comment was that in order for the construction be considered as townhomes, each unit will have to be platted on its own individual lot.
Issues/Analysis:
Surrounding Area:
To the north, south and east of the subject property are single-family homes. West of this property is a four unit, two story, apartment complex.
Special Use Permit Request:
The applicant is requesting a Special Use Permit to construct townhomes on a vacant property. 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 multi-family standards and will be a self-contained complex that will not interfere with the adjoining properties. Each dwelling will consist of a two bedrooms and two baths, with approximately 1,300 sq.ft. of living space. All open space requirements will be met.
The application is only to address the construction of the four townhome 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 30-5.H Dwelling, single-family attached - Multi-Family Design Standards:
These multi-family design standards are intended to:
a. Establish a minimum level of design quality for three- to four-family residential, attached residential, and multi-family development to foster sustained value and stability within developments and neighborhoods; and
b. Promote greater compatibility between three- to four-family residential, attached residential, and multi-family development and other allowed uses in the City through standards addressing building size and appearances, as well as off-street parking.
Although there are additional standards identified under Section 30-5.H.2, letter c. under this section states “standards shall not apply to multi-family development consisting of single-family attached structures (townhomes).
As shown in the owner’s application, the special use complies with the standards set forth in the City Code of Ordinance. The owner has purchased additional property to ensure the minimum lot size is met for a four-unit townhome complex All setbacks meet to the given standards. The attached site plan in 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 both multi-family residential units and single-family residential homes. The project will consist of four single unit townhomes.
(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 in with its surroundings. There will be adequate parking on the property. Being that there are surrounding single family homes and multifamily all along Law 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 an empty open track of land. This sometimes can be an invitation for loiters and littering.
(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, science resource or any natural resources. The land is currently a flat with very little trees. It does not have a pond nor is it located next to a stream or river. 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 and multifamily dwellings 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 four residential townhome dwellings. Being a residential construction it should not change the property value of the surrounding buildings in a negative way. The dwelling that is 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. Elevations
9. Order of Approval - Findings of Fact