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 Division Manager
Craig Harmon, CZO - Senior Planner
DATE: November 13, 2023
RE:
Title
SUP-08. Continued Deliberations for Evidentiary Hearing on Application for Special Use Permit to allow a school to be located in a Single Family 6 (SF-6) zoning district, located at 4502 Rosehill Road (REID # 0429683699000), and being the property of Bethel Christian Assembly Inc., represented by Del Crawford, Crawford Design Company. (Tabled from the October 23, 2023, City Council Meeting)
end
COUNCIL DISTRICT(S):
Council District(s)
3 - Mario Benavente
b
Relationship To Strategic Plan:
Strategic Operating Plan FY 2022
Goals 2027
Goal I: Safe and Secure Community
• Objective 1.3 - To ensure low incidence of property and violent crime
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 4.5 - 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 subject property is currently a vacant parcel owned by Bethel Christian Assembly Incorporated. It is located between Fayetteville Christian Church Incorporated and Warrenwood Elementary School, of the Cumberland County School System. It is also across the street from Gardners Chapel United Methodist Church. The property has been mostly undeveloped since at least 1968.
On October 23, 2023, the Fayetteville City Council held an Evidentiary Hearing regarding this case. After closing this hearing, a motion to table this item was made and approved. According to the draft minutes for this meeting, the following motion was made. “Council Member Benavente moved to remand this item back to staff to conduct objective research on the potential traffic impacts, and how this will affect the three schools in the area and ask the applicants to provide more specific evidence.“
Background:
Requested Additional information:
According to the Cumberland County GIS system, there are three schools within one mile of this proposed location, two public schools and one private.
Comments from the City’s TRC - Technical Review Committee were included in the original City Council Action Memo packet as the “TRC Comment Letter”, and are being provided again as part of this packet. Comments from the North Carolina Department of Transportation (NCDOT) and the City’s Traffic Services are included. Those comments outline the process and procedures that the developer must follow for all traffic improvements.
The North Carolina Department of Transportation has a current TIP project on Rosehill Road to install roundabouts at its intersections with Tamarack Drive and Landau Road. This project will also include minimal road widening that is associated with these roundabouts. A copy of the DOT TIP site plan is included as an attachment.
Owner: Bethel Christian Assembly Incorporated
Applicant: Del Crawford, Crawford Design Company
Requested Action: SUP - School in SF-6
Properties Addresses: 4502 Rosehill Rd
Council District: 3 - Mario Benavente
Status of Properties: Vacant
Size: Approximately 12.17 acres
Adjoining Land Use & Zoning:
• North - SF-10: Single family residential
• South - SF-15: Single family residential
• West - SF-10 & SF-15: Single family residential and a church
• East - SF-15: School
Letters Mailed: 213
2018 Traffic Count: 12,500 Annual Average Daily Traffic on Rosehill Road.
According to the Future Land Use Plan, it is recommended that this portion of the city should be developed as LDR - Low Density Residential.
Low Density Residential is best described as “mainly single family residential with some accessory dwellings occasionally with duplexes (if isolated) or townhomes. Lots sizes are typically 1-4 dwellings per acre. The area should be suburban, auto-oriented in character, with utility services.”
Issues/Analysis:
History:
As part of the Unified Development Ordinance (UDO) adoption process regulations were put in place to allow schools to operate in certain residential districts, including the SF-6 district, with an approved Special Use Permit.
Special Use Permit Request:
The applicant is requesting a Special Use Permit to operate a charter school in a SF-6 zoning district.
According to the applicant, the proposed use will comply with all of the City’s requirements for such uses. The proposed school was reviewed by the Technical Review Committee and their comments are provided as an attachment. The application is only to address the allowance of a school.
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.3.b. Educational Facilities:
1. Separation
Except in the DT-1 or DT-2 Downtown Districts, all educational facilities, except colleges and vocational or trade schools, shall be located at least 500 linear feet from any the following uses:
a. Adult entertainment; or
b. Bar, nightclub, or cocktail use.
2. Schools, Elementary/Middle/High
a. Any temporary structures needed for the expansion of an elementary, middle, or high school located within SF-15, SF-10, or SF-6 districts, and on a site or parcel with an area of 20 acres or less, shall:
1. Not be located between the principal building and any abutting right-of-way, unless there is no other practical alternative due to topography, the presence of utilities or easements, the existence of undisturbed open space and buffers, or other site features beyond the landowner's control; and
2. Have the base of the structure screened from view from abutting properties and public streets.
b. In the DT-1 or DT-2 Downtown Districts the City Manager must approve a parking plan and designated drop-off and pick-up area that, based the maximum capacity of the facility as licensed by the State, mitigates traffic congestion and minimizes or avoids the need for children to cross vehicular travel ways to enter or exit the school.
(2) The special use will be in harmony with the area in which it is located;
According to the applicant, “The proposed educational use is compatible to the area neighborhood that currently contains a school and other non-residential oriented uses such as houses of worship. The proposed 8,120sf school building will be set back from the street over 300. The parking lot will be set back approximately 50. Therefore, the development shall not create an intrusive use or generate any more noise or vehicle traffic that is not already typical to the surrounding uses. Construction shall be in general compliance with the City's UDO standards including parking, landscaping, site access, etc.”
(3) The special use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved;
The applicant states “The education development shall comply with the pertinent regulations of the City and State as related to public health and safety. The development would not generate any toxic fumes. The site contains significant internal vehicle stacking for student drop-off. Therefore, parking of the back-up of vehicles on Rosehill Road is not anticipated.”
(4) The special use is in general conformity with the City’s adopted land use plans and policies;
According to the applicant, “The UDO allows education facilities in the Single Family 6 (SF-6) zoning district as a special use. The area currently contains an education facility. Therefore, the development is compatible with the City's land use and policies.”
(5) The special use will not substantially injure the value of the abutting land, or the special use is a public necessity; and
According to the application, the “Proposed fence allows for the protection of property values and the ability of neighboring lands to develop the uses permitted in the zoning district as it would be located behind an existing fence. These security fences actually discourage criminal activity in the area making it a community-enhancing, crime-reducing system. Furthermore, they reduce constraints upon police force allowing them to focus on other areas.”
(6) The special use complies with all other relevant City, State, and Federal laws and regulations.
The applicant states that the site will be designed and constructed in general compliance with the City's UDO, NC Department of Environmental and Quality, NC Building Code, and other relevant regulations.
Budget Impact:
The City would not be required to provide an increase in public services.
Options:
1) Approval of SUP as requested by the applicant;
2) Approval of SUP with conditions;
3) Denial of the SUP request
Recommended Action:
OPTION 1
I move to APPROVE the Special Use Permit (SUP) to allow the operation of a school in a Single Family 6 Residential zoning district subject to the conditions identified and 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 Residential and (2) that the school with comply with all six of the findings of fact and (3) the proposed permit is in the public interest because the proposed SUP does fit with the character of the area and will help the educational choices in Fayetteville.
[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 in Section 30-4.C, Use-Specific Standards; [insert supporting facts]
(2) The special use will be in harmony with the area in which it is located; [insert supporting facts]
(3) The special use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved; [insert supporting facts]
(4) The special use is in general conformity with the City’s adopted land use plans and policies; [insert supporting facts].
(5) The special use will not substantially injure the value of the abutting land, or the special use is a public necessity; and; [insert supporting facts]
(6) The special use complies with all other relevant City, State, and Federal laws and regulations. [insert supporting facts].
OPTION 2
I move to DISAPPROVE the Special Use Permit (SUP) for the operation of a school in a Single Family 6 Residential 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 in Section 30-4.C, Use-Specific Standards; [insert supporting facts]
(2) The special use will be in harmony with the area in which it is located; [insert supporting facts]
(3) The special use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved; [insert supporting facts]
(4) The special use is in general conformity with the City’s adopted land use plans and policies; [insert supporting facts].
(5) The special use will not substantially injure the value of the abutting land, or the special use is a public necessity; and; [insert supporting facts]
(6) The special use complies with all other relevant City, State, and Federal laws and regulations. [insert supporting facts].
[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 Property
6. Surrounding Properties
7. School Site Plan
8. PowerPoint
9. TRC Comment Letter
10. NCDOT TIP Project w5806c - Site Plan