TO: Mayor and Members of City Council
THRU: Michael Gibson - Interim Assistant City Manager
Dr. Gerald Newton, AICP - Development Services Director
Jennifer C Baptiste, CZO - Planning and Zoning Division Manager
FROM: Craig Harmon, Senior Planner, CZO
DATE: October 24, 2022
RE:
Title
SUP22-06. Order of Denial - Findings of Fact: Special Use Permit to allow three Two-Family Dwellings (duplexes units) in a Single-Family Residential 10 (SF-10) zoning district, to be located at 2417 & 2421 Colgate Dr. (REID # 0426650150000 & 0426558132000), totaling 1.94 acres ± and being the property of Military Standard Construction, LLC.
end
COUNCIL DISTRICT(S):
Council District(s)
5 - Mayor Pro Tem Johnny Dawkins
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 three duplex buildings with a total of 6 units (see attached site plan). There is a substantial power line and easement that stretches across the property from north to south. All surrounding properties are zoned SF-10 - Single Family Residential10. The use of all of the surrounding lots is currently single-family residential.
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.
On September 26, 2022, the City Council held an Evidentiary Hearing regarding this case. After hearing all relevant evidence, the Council voted 8-2 to deny the Special Use Permit.
Background:
Owner: Mark Mayoras, Military Standard Construction, LLC.
Applicant: Blaine Stubbs, Military Standard Construction, LLC.
Requested Action: SUP - Dwelling, Two- to Four-Family (3 Duplexes)
Properties Addresses: 2417 & 2421 Colgate Dr
Council District: 5 - Mayor Pro Tem Johnny Dawkins
Status of Properties: Vacant w/ Power Easement
Size: Approximately 1.94 acres total
Adjoining Land Use & Zoning:
• North - SF-10: Single-family
• South - SF-10: Single-family
• West - SF-10: Single-family
• East - SF-10: Single-family
Letters Mailed: 142
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.
Issues/Analysis:
Surrounding Area
All of the surrounding properties are zoned SF-10 - Single Family Residential 10. The use of all of the surrounding lots is currently single-family residential.
Special Use Permit Request
The applicant is requesting a Special Use Permit to construct three duplexes on properties located on Colgate Drive. The attached site plan shows the layout of the six units.
According to the owner, the proposed use will comply with all of the City’s Dwellings, Two- to Four-Family standards and will be a self-contained complex that will not interfere with the adjoining properties.
The application is only to address the construction of the three duplex 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.
Evidentiary Hearing Proceedures:
1. After the close of the evidentiary hearing, the decision-making board shall consider the application, relevant support materials, the staff report, and the public testimony and other evidence given at the hearing and entered into the record, determine contested facts, and make a decision on the application based on the relevant review standards. Every quasi-judicial decision shall be based upon competent, material, and substantial evidence in the record. The decision-making board shall take action as promptly as possible in consideration of the interests of the applicant, affected parties, and citizens of the City. When hearing an appeal, the board may reverse or affirm, wholly or partly, or may modify the decision appealed from and shall make any order, requirement, decision, or determination that ought to be made. The board shall have all the powers of the official who made the decision.
2. Voting. A majority of the members shall be required to decide any other quasi-judicial matter (including Special Use Permits) or to determine an appeal made in the nature of certiorari. For the purposes of this subsection, vacant positions on the board and members who are disqualified from voting on a quasi-judicial matter under North Carolina Gen. Stats. 160D-109(d) shall not be considered members of the board for calculation of the requisite majority if there are no qualified alternates available to take the place of such members.
3. Each quasi-judicial decision shall be reduced to writing and be approved by the board and signed by the chair or other duly authorized member of the board. The decision shall include at least the following elements:
a. A description or summary of material and substantial factual evidence presented at the public hearing.
b. Findings of fact based on evidence presented, including the decision-making board's determination of contested facts and their application to the applicable standards.
c. Statements concluding whether the application does or does not comply with applicable review standards.
d. The decision.
e. Any conditions of approval (if appropriate).
f. Reasons for the decision, including the link between the decision, the required conclusions, the findings of fact, and presented evidence.
4. A quasi-judicial decision is effective upon filing the written decision with the clerk to the board. The decision of the board shall be delivered within a reasonable time by personal delivery, electronic mail, or first- class mail to the applicant, landowner, and any person who has submitted a written request for a copy prior to the date the decision becomes effective. The person required to provide notice shall certify to the City that proper notice has been made, and the certificate shall be deemed conclusive in the absence of fraud.
5. Judicial Review. Every quasi-judicial decision shall be §subject to review by the superior court by proceedings in the nature of certiorari pursuant to G.S. 160D-1402. Appeals shall be filed within the times specified in G.S. 160D-1405(d).
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.
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. All setbacks meet the given standards. The attached site plan is 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, newly constructed duplexes, will complement the integrity of the neighborhood and provide additional value to the community as a whole. As a result of quality workmanship and utilization of upper tier materials, the homes will not appear as poorly constructed units, but instead, enrich the visual appearance of the neighborhood.
(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 and application, a highly skilled crew tensures minimal intrusion on neighboring homes’ quality of life. Deliveries will only occur through a designated area for entry and egress. Parking will be limited to the front portion of each lot during each phase of construction. Odors, noise, and vibration will be kept to a minimum at all times.
(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, each home has been uniquely designed to highlight and compliment the area it will be constructed in. The requested special use permit will not damper or diminish the value, appearance, or integrity of the adjacent community.
(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, Military Standard Construction, LLC will take every effort to avoid any deterioration of resources, and damage to habitats by following the guidelines of the NC Department of Environmental and 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, entrances and egress areas will be clearly marked and visible. Parking will occur in designated areas only.
(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, each duplex will be constructed of high-quality materials and feature top-of-the-line amenities within its walls. Property values will be maintained or increased by the addition of these homes. Currently, the lots are vacant and provide no value to the area, allowing the special use permit creates value for the community.
(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 SUP with any conditions listed above;
2) Approve the SUP with additional conditions;
3) Approve the SUP without conditions; or
4) Deny the SUP.
Recommended Action:
The Professional Planning staff recommends that the City Council approve the Order of Denial as presented.
Attachments:
1. Order of Denial - Findings of Fact
2. Application
3. Aerial Map
4. Zoning Map
5. Land Use Plan Map
6. Subject Properties
7. Surrounding Properties
8. Site Plan
9. Duplex Rendering