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 & Zoning Manger
Craig Harmon, CZO - Senior Planner
DATE: March 25, 2024
RE:
Title
SUP24-03. Special Use Permit (SUP) to allow the construction of 111 townhomes (single family attached units) on property zoned Single-Family 6 Residential (SF-6) located at 6622 & 6658 Old Bunce Rd (REID #9497843830000, 9497845917000, 9497856199000) and being the property of King Model Homes Construction Co. Inc., Robert Bunce, and Fayetteville Habitat for Humanity Inc., Project owner Ben Stout, Stout Land Development, LLC., applicant Scott Brown, 4D Site Solutions, Inc.
end
COUNCIL DISTRICT(S):
Council District(s)
7 - Brenda McNair
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:
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 111 townhomes on one lot located on Old Bunce Road. The subject property and surrounding properties are zoned Single Family 6 (SF-6) except for the parcel to the north which is currently zoned Mixed Residential 5 (MR-5). The surrounding area has been developed for a variety of residential uses such as single-family homes, mobile home parks, duplexes, townhomes, and apartments.
In the City’s Unified Development Ordinance (UDO) townhomes are defined as single-family attached dwellings, with 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.
Background:
Owner: King Model Homes Construction Company Inc., Robert Bunce, and Fayetteville Habitat for Humanity Inc.
Applicant: Scott Brown, 4D Site Solutions
Requested Action: SUP - Single Family Attached Dwellings (111 units)
Property Address: 6622 & 6658 Old Bunce Rd
Council District: 7 - Brenda McNair
Status of Property: Vacant, wooded
Size: Approximately 15.43 acres
Adjoining Land Use & Zoning:
• North - MR-5: Apartments
• South - SF-6: Church
• West - SF-6: Mobile Home Park
• East - SF-6: Single-family
Letters Mailed: 81
Land Use Plan: MDR - Medium Density Residential
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. Standard development comments were provided.
Issues/Analysis:
Surrounding Area:
The surrounding area is currently zoned Single Family 6 (SF-6) except for the parcel to the north which is currently zoned Mixed Residential 5 (MR-5). This MR-5 zoned parcel is the site of Hidden Creek Village Apartments. The surrounding area has a variety of residential uses - single-family homes, duplexes, townhomes, and mobile home parks.
Special Use Permit Request:
The owner is requesting to construct 111 townhome units on the 15.43-acre site. The SF-6 zoning district would allow for a maximum of 111 townhome units on this site.
In the last 10 years, there have been 4 Special Use Permit requests in this area. The first request was in 2014 for 6 duplexes on Bunce Road. The 1.33-acre site has been successfully developed as the Parkwood on Bunce duplex development. In 2020, a Special Use Permit request was submitted for 48 townhomes on a 6-acre site that was previously used for a mobile home park. The request was approved unanimously and the site is currently under construction. In 2021 a request was submitted in to develop 6 duplexes at 571 Ohmer Drive. This request was also approved and is currently under construction.
Most recently, last year, one of the properties that is part of this application was approved for 42 townhome units. That SUP was approved by the City Council unanimously. The owner is requesting a new SUP that would permit the owner to add two additional parcels along with 69 more units. This would allow the owner to build a total of 111 units spread across 15 acres.
It is important to note that all four of the previous developments were approved under the current Unified Development Ordinance which means that these sites will replace undeveloped or non-conforming sites with new developments that will meet all standards of the current ordinance.
The current request for 111 townhome units will also be required to meet all standards of the Unified Development Ordinance. This development will add to the needed housing stock while also developing land that has been vacant for over 50 years.
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;
According to the applicant, “the SUP will follow the UDO as well as all local, state and federal requirements”, as well as all Multi-Family Design Standards found in 30-5.H.4 of the UDO.
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, “Multifamily is a permitted use in SF-6 zoning but requires a SUP. The proposed townhomes will be an improvement to the property as well as the neighborhood. There is a townhome project under construction on the opposite side of Old Bunce Road. A SUP was approved on one of these parcels in the last 18 months. We are expanding the project with the 2 additional properties.”
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, “111 units are proposed. No significant negative impact is anticipated from the proposed development. The property will be served with public water and sewer. NCDOT has been consulted about access. Storm water will be treated in accordance with the stormwater ordinance.”
4. The special use is in general conformity with the City's adopted land use plans and
policies;
The City’s 2040 Future Land Use Plan calls for Medium Density Residential consisting 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 development will not restrict or limit development on the adjoining parcels. The project is residential and will be located in a residential neighborhood. The project should not have any negative impact on surrounding property values.”
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 Single-Family Attached Dwellings 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 Single Family Attached Dwellings 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