TO: Mayor and Members of City Council
THRU: Kelly Olivera - Assistant City Manager
Dr. Gerald Newton, AICP - Development Services Director
FROM: Will Deaton, AICP - Planning and Zoning Manager
Craig Harmon, CZO - Senior Planner
DATE: March 25, 2024
RE:
Title
SUP24-01. Special Use Permit to locate one Duplex (two-family dwelling) at 1040 Stamper Road (REID 0428335880000) totaling .25 acres ± and being the property of Rockfish Run Land and Development LLC.
end
COUNCIL DISTRICT(S):
Council District(s)
2 - Davis
b
Relationship To Strategic Plan:
Strategic Operating Plan FY 2022
Goals 2027
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:
This item was tabled from the City Council’s January 22, 2024 agenda when the accompanying rezoning was pulled and set for a legislative hearing. This item was again tabled at the request of the property owner on February 26.
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.
This property was rezoned to SF-6 - Single Family Residential 6 at the City Council’s February 26, 2024 meeting. The owner is now requesting to construct one duplex (2 units) on one lot (see attached site plan). All of the surrounding properties are zoned Single Family Residential 10 (SF-10). These properties are being used as single-family residential lots.
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. In this case, two units (one duplex) is all that the SF-6 density will allow.
Background:
Owner: Rockfish Run Land and Development, LLC.
Applicant: Tim Evans
Requested Action: SF-10 to SF-6
REID #: 0428335880000
Council District: 2 - Malik Davis
Status of Properties: Undeveloped
Size: .25 acres
Adjoining Land Use & Zoning:
• North: SF-10 - Single-family dwelling
• South: SF-10 - Single family dwelling
• East: SF-10 - Single family dwelling
• West: SF-10 - Single-family dwelling
Annual Average Daily Traffic: Bragg Boulevard: 22,000 (2021)
Letters Mailed: 161
Land Use Plans:
With the adoption of the 2040 Comprehensive Plan: Future Land Use Map & Plan on May 26, 2020, all properties within the city limits as well as properties identified as being in the Municipal Influence Area (MIA) are subject to this plan.
According to the Plan, it is recommended that this portion of the city should be developed as Medium Density Residential (MDR). Medium Density Residential calls for primarily single-family subdivisions on small lots with duplexes and townhomes interspersed.
Issues/Analysis:
History:
The subject property was annexed into the city in 1951. The subject property has remained undeveloped since the late 1960’s.
Surrounding Area:
The surrounding area is primarily a subdivision consisting of single-family dwellings on 10,000-square-foot lots. The Cottages on Elm development is located to the west of the subject property. This development consists of two-to-four family dwellings. There is a city park located at the intersection of Stamper Road and McGougan Road. At the intersection of Stamper Road and Rogers Drive, there is a church and an adult day health center.
The SUP must meet all of the following findings of facts:
(1) The special use complies with all applicable standards, conditions, and specifications in this Ordinance, including in Section 30-4.C, Use-Specific Standards;
30-4.C.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:
a) Except for circular driveways, no two- to four-family dwelling lot shall be served by more than one driveway on the same block face.
b) Three and four-family dwellings on lots shall be served by a single entrance on any individual building façade.
c) 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.
d) Two- to four-family dwellings shall comply with Section 30-5.G, Single-family, and Two-family Design Standards or 30-5.H Multifamily Design Standards, as appropriate.
(2) The special use will be in harmony with the area in which it is located;
According to the submitted site plan and the application, There are multiple rentals in the neighborhood along with long standing duplexes.
(3) The special will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved;
According to the application and site plan, these residential units fit with the existing housing in the area.
(4) The special use is in general conformity with the City's adopted land use plans and policies;
The 2040 Land Use Plan calls for Medium Density Residential, which 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.
(5) The special us will not substantially injure the value of the abutting land, or the special use is a public necessity; and
According to the application, the structure coincides with other properties in the area.
(6) The special use complies with all other relevant City, State, and Federal laws and regulations.
The owner will be required to comply with all applicable laws and regulations.
Analysis:
According to the 2040 Future Land Use Plan, this proposed development falls within GOAL #1 of the plan - Focus value and investment around infrastructure and strategic nodes and GOAL #4 - Foster safe, stable, and attractive neighborhoods.
Under the plan’s Land Use Policies and Strategies section, subsection Strategic, Compatible Growth, this proposed development falls under the following sections:
LU -1:ENCOURAGE GROWTH IN AREAS WELL-SERVED BY INFRASTRUCTURE AND URBAN SERVICES, INCLUDING ROADS, UTILITIES, PARKS, SCHOOLS, POLICE, FIRE AND EMERGENCY SERVICES.
• 1.1: Work with the Public Works Commission (PWC) and other utility provider to ensure that public facilities and services are planned in a coordinated manner
Ø Utilize the Future Land Use map as a guide for infrastructure expansion
• 1.2: Encourage more intense uses, a greater mix of uses, and denser residential types in key focal areas
Ø Regional Centers & Community Centers
Ø Neighborhood Mixed Use
Ø Downtown
• 1.6: Require adequate infrastructure to be in place prior to or in tandem with new development
Ø This includes road infrastructure such as roads, turn lanes and sidewalks as well as public services such as parks, schools, water/sewer, police, fire and emergency services
• 1.7: Encourage a logical progression of housing development and discourage “leapfrog” development
Leapfrog development is development that occurs in areas away from existing development and in areas currently not served by infrastructure or adjacent to services, esp. water/sewer. This type of growth can lead to higher costs of providing urban services. Farm and forest land east of the Cape Fear River is currently not served by City sewer. Extension of sewer to much of this area is not advisable due to cost to provide service and environmental constraints.
Under the SAFE, STABLE AND ATTRACTIVE NEIGHBORHOODS section the following sections apply:
LU -6:ENCOURAGE DEVELOPMENT STANDARDS THAT RESULT IN QUALITY NEIGHBORHOODS
LU -7:ENCOURAGE A MIX OF HOUSING TYPES FOR ALL AGES AND INCOMES
• 7.1: Allow a mix of housing, including attached and multi-family homes, to create diverse neighborhoods, especially within and near Downtown and designated Regional, Community and Neighborhood Centers
• 7.2: Allow a mix of smaller-scale detached and attached housing in Medium Density Residential and Neighborhood Improvement areas (as identified on the Future Land Use Map)
Ø Housing types in these areas could include smaller-lot patio homes, duplexes, triplexes, quadplexes and townhomes
§ Greater flexibility in allowable housing types, setbacks or parking requirements could be considered for Neighborhood Improvement areas to encourage reinvestment
§ Design standards could be implemented to encourage compatibility with existing development in these areas. Standards could include:
§ Architectural standards
§ Open space requirements
§ Parking design criteria (i.e. location, planting requirements)
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 six (6) 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 six (6) 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 six (6) findings of fact.
Recommended Action:
OPTION 1
I move to APPROVE the Special Use Permit (SUP) to allow a Two-Family Dwelling (1 duplex) in a Single-Family Residential 6 (SF-6) zoning district subject to 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 six findings below must be met:
1. The special use complies with all applicable standards, conditions, and specifications in this Ordinance, including in Section 30-4.C, Use-Specific Standards;
2. The special use will be in harmony with the area in which it is located;
3. The special will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved;
4. The special use is in general conformity with the City's adopted land use plans and policies;
5. The special us will not substantially injure the value of the abutting land, or the special use is a public necessity; and
6. The special use complies with all other relevant City, State, and Federal laws and regulations.
OPTION 2
I move to DISAPPROVE the Special Use Permit (SUP) for the construction of a Two-Family Dwellings (1 duplex) 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 complies with all applicable standards, conditions, and specifications in this Ordinance, including in Section 30-4.C, Use-Specific Standards;
2. The special use will be in harmony with the area in which it is located;
3. The special will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved;
4. The special use is in general conformity with the City's adopted land use plans and policies;
5. The special us will not substantially injure the value of the abutting land, or the special use is a public necessity; and
6. The special use complies with all other relevant City, State, and Federal laws and regulations.
[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
8. PowerPoint