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PB Agenda 20101007 Packet NEW HANOVER COUNTY PLANNING & INSPECTIONS DEPARTMENT 230 GOVERNMENT CENTER DRIVE WILMINGTON, NORTH CAROLINA 28403 TELEPHONE (910) 798-7165 FAX (910) 798-7053 NOTICE OF PUBLIC HEARING NEW HANOVER COUNTY PLANNING BOARD OCTOBER 7, 2010 The New Hanover County Planning Board will hold public hearings on Thursday, October 7, 2010 beginning at 5:30 p.m. or thereafter at the New Hanover County Historic Courthouse, 24 North Third Street (corner of Third and Princess Streets), Room 301 in Wilmington, NC to consider the following items: Approval of the September Planning Board Meeting Minutes Item 1: Rezoning Request (Z-906, 10/10) – Request by Withers & Ravenel for Swartz Properties to rezone 0.35 acres at 5946 Carolina Beach Road from R-15 Residential and B-2 Commercial District to B-2 Commercial District. The site is classified as Transition on the 2006 CAMA Land Classification Map. Item 2: Subdivision Text Amendments (A-387) – Request by the County’s Technical Review Committee (TRC) to amend Sections 20, 41-1, 52-4 of the County’s Subdivision Ordinance by incorporating specific language, road profiles, and design standards for private streets. Item 3: Subdivision Text Amendments (A-388) – Request by Staff to amend Section 54 of the Subdivision Ordinance to establish a procedure for confirming the status of improvements and common areas prior to transfer to homeowner associations, and Section 52-4 and 54 of the ordinance to clarify the intent and procedure for publicly platted roads and requests for redesignation of such to private road. Item 4: Zoning Text Amendment (A-389 ) – Request by Staff to amend Article VI and Article VII of the Zoning Ordinance to allow for establishment of Farmers’ Markets and produce stands under certain conditions. Technical Review Committee Report (September) The Planning Board may consider substantial changes in these petitions as a result of objections, debate, and discussion at the meeting, including rezoning to other classifications. Petitions for the above items may be viewed or inquiries made by contacting the Planning & Inspections Department at 798-7165, 230 Government Center Drive, Wilmington, NC. All interested citizens are invited to attend. Jane Daughtridge, AICP Planning and Zoning Manager Chris O’Keefe, AICP Planning & Inspections Director Dennis Bordeaux Inspections Manager Jane Daughtridge, AICP Planning & Zoning Manager CASE: Z-906 PETITIONER: Swartz Properties/Withers & Ravenel REQUEST: Rezone from split R-15 Residential and B-2 Commercial to B-2 Commercial ACREAGE: Approximately 0.35 acres LOCATION: 5946 Carolina Beach Road LAND CLASS: Transition STAFF SUMMARY The subject property is located in the southern portion of the county in an area classified as Transition on the 2006 CAMA Land Classification map. The subject property fronts Carolina Beach Road, an urban principle arterial. Traffic counts north of the site, at Sanders Road, indicate an increase in average daily traffic from 38,258(2009) to 39,573 (2010). Carolina Beach Road has a 2007 LOS of E, meaning the road is operating at its design capacity. A traffic impact analysis is required for any use generating 100 peak hour trips. The subject property is currently split zoned R-15 medium density residential and B-2 highway business. Zoning to the north of the subject property is zoned B-2 and conditional commercial zoning is present southwest of the site. The subject property is located within the Lord’s Creek watershed drainage area which is classified C (Sw). The property is not within the 100 year flood zone. Soil maps indicate that the property has Class I Rimini Sand. Water is provided by Aqua NC, a private provider in the southern portion of the county and sewer is provided by the Cape Fear Public Utility Authority. Land Use Plan Considerations: The purpose of the B-2 Highway Business District is to provide for the proper grouping and development of roadside business uses which will best accommodate the needs of the monitoring public and businesses demanding high volume traffic. The district’s principle means of ingress and egress shall be along collector roads, minor arterials, and/or major arterials as designated on the County’s Thoroughfare Classification Plan. No B-2 District shall be less than 5 acres. The 2006 CAMA Land Use Plan adopted policies relating to land use and urban design. Policy 4.3 of the Land Use Plan maximizes the effectiveness of commercial uses by assuring that land is available for commercial uses within close proximity to the markets they serve and by ensuring that such commercial uses do not diminish the quality of life in nearby residential areas. Staff feels the request is consistent with the 2006 CAMA Land Use Plan and recommends approval. ACTION NEEDED: In accordance with NCGS 153A-341, paragraph 2, “The Planning board shall provide a written recommendation to the board of county commissioners that addresses plan consistency and other matters as deemed appropriately by the Planning board…” 1. Motion to Recommend Approval based on the consistency with the plan and other appropriate matters. 2. Offer Applicant option to Withdraw the Petition (there is a one year waiting period to reapply.) 3. Motion to table or continue the item in order to receive additional information or documentation (Specify). 4. Motion to Recommend Denial based on lack of consistency with adopted plans or determination that the change would not be reasonable or is not in the public interest. Case: Z-906 (10/10) Rezone 0.35 acres from R-15 & B-2 to B-2 Commercial Petition Summary Data 5946 Carolina Beach Road Owner/Petitioner: Swartz Properties/Withers & Ravenel Existing Land Use: Parking Zoning History: Area 4 (April 7, 1971) Land Classification: Transition Water Type: Private-Aqua NC Sewer Type: Public Recreation Area: Monterey Heights and Veterans Park Access & Traffic Volume: Carolina Beach Road (urban principal arterial) with LOS E The ADT on Carolina Beach Road, slightly south of Sanders Road, have increased from 38,258 (2009) to 39,573 (2010). Fire District: Myrtle Grove Fire District (MGFD) Watershed & Water Quality Classification: Lords Creek; C; Sw Aquifer Recharge Area: A shallow water-table sand aquifer and underlying artesian aquifer containing fresh water over salty water. Conservation/Historic/Archaeological Resources: None Soils: Rimini Sand (Rm) -1 to 6 percent slopes Septic Suitability: Class I-Suitable /slight limitations Schools: Bellamy Elementary School R-15 R-15 SANDERS RD SHILOH DR CAROLINA BEACH RD GRA ND C HAMPIO N RD RIVAGE PROMENADE MOTTS VILLAGE RD MANASS A S DR RIVERWOO DS DR CHRISTA DR LT CONGLETO N RD SALTAIRE VILLAGE CT MOON SNAIL PL APPOMATTOX DR SHA RKS EYE LN PETITE CT JACOB MO TT DR CAROLINA BEACH RD R-15 B-2 B-2 B-1 CD B-1 CD B-1 CD O&I CD 3 4 5 8 9 7 6 2 1 Z-906, 10/10 Rezoning: R-15 Residential & B-2 Commercial District to B-2 Location: 5946 Carolina Beach Rd Applicant: Withers & Ravenel for Swartz Properties Legend Z-906 Zoning Floodplain 0 200 400 Feet Property Owner Receiving Notification Label BREWER JOYCE B 1 BRIGHT LESLIE S DARLENE J 2 BRM ASSOCIATES #1 LLC 3 BRM ASSOCIATES #2 LLC 4 GIANCARLO LLC 5 IHDG NEW HANOVER LAND 02 LP 6 SUPERIOR CENTER COA INC 7 SWARTZ MICHAEL E ETAL 8 SWARTZ PROPERTIES LLC 9 PLANNING BOARD October 7, 2010 Agenda Item # 2 Case: A-387 (09/10) Request: County’s Technical Review Committee (TRC) SUBDIVISION TEXT AMENDMENTS Request by County’s Technical Review Committee (TRC) to amend Sections 20 (Definitions & Interpretations), 41-1 (7) & (i) (Streets & Street Projections), 52-4 (Streets), and add road profiles and design standards to Article VII (Appendices & Certificates) to the County Subdivision Ordinance. Background: During the past year, a Private Road Task Force Committee composed of several County departments, NCDOT, WMPO, and interested stakeholders have been working on a series of proposed guidelines that will enable land planners, engineers, landscape architects, and surveyors flexibility in designing new site plan proposals that incorporate private streets. The intent on developing private street language provides a clear delineation between public and private streets, maintenance responsibilities, reduction of impervious surface, and minimizes the elimination of significant trees through flexible geometric street standards. The profiles and language created by the Task Force: 􀁸 Private Road Matrix Table that includes private road design standards for minimum right-of-way and pavement width for various street types, 􀁸 Private street cross-section (standard detail), 􀁸 Private residential cul-de-sac (standard detail), 􀁸 Private street turnaround (standard detail), 􀁸 Revision Section 20 (addition street classifications), 􀁸 Language adjustments Section 41-1 (Specific Requirements), 􀁸 Revisions Section 52-4 (Streets-Public & Private Standards) At its regular meeting on August 25, 2010, the County’s Technical Review Committee endorsed the private road text amendments by a vote of 5-0. Action Needed Motion to recommend approval as presented Motion to recommend approval with changes Motion to continue Motion to deny the proposed text changes and additions 1 ARTICLE II: DEFINITIONS AND INTERPRETATIONS Section 20 Definitions For the purpose of this ordinance the following terms have been defined: 100 Year Flood Area -The area of 100 years flood inundation as shown on New Hanover County's Official Flood Insurance Maps, as amended. 100 Year Coastal Hazard V Zone Area -The area of 100 year coastal flood inundation with high velocity waters and hurricane action as shown on New Hanover County's Official Flood Insurance Maps, as amended. Alley -A right-of-way intended primarily for motor vehicles, which cuts across a block in order to improve access to adjacent streets or properties. Barrier Islands -Any land formation composed of unconsolidated materials lying on the ocean side of the mainland. Estuaries or wetlands separate the islands from the mainland. Block -A parcel of land, which is entirely surrounded by public streets, highways, railroad rights-of-way, parks or green strips, rural land or drainage channels, or a combination thereof. Building Setback Line -A A line parallel to the property lines in front of which no structure shall be built. Corner Lot -A lot abutting two or more streets at a street intersection. County Engineer -A professional Engineer, registered in the State of North Carolina, employed by the County Board of Commissioners to provide engineering services to New Hanover County. Developer or Subdivider -Any person, firm or corporation who subdivides or develops any land deemed to be a subdivision as herein defined. Double or Reverse Frontage Lot: A continuous (through) lot of the same depth as the width of a block and which is accessible from both of the streets upon which it fronts. Easement: A grant by the property owner for use, by the public, a corporation or person of a strip of land for specific purposes. Group Development: A group of two or more principal structures built on a single lot, tract, or parcel of land and designed for occupancy by separate families, firms, businesses, or other enterprises. Letter of Credit and Cash Security -A letter of credit or other instrument readily convertible into cash at face value, deposited either with the County or in escrow with an escrow agent acceptable to the County. If cash or other instrument is deposited in escrow with a financial institution as provided above, then the subdivider shall file with the Director of Engineer Services an agreement between the escrow agent and the subdivider guaranteeing the following: (1) that said escrow account shall be held in trust until released by the County as provided herein and may not be used or pledged by the 2 subdivider in any other matter during the term of escrow; and (2) that in the case of failure on the part of the subdivider to complete the required improvements, the escrow agent shall, upon notification by the County and submission by the County to the escrow agent of an engineer’s estimate of the amount needed to complete the required improvements, immediately either pay to the County the funds estimated to complete the required improvements, up to the full balance of the escrow account, or deliver to the County any other instruments fully endorsed or otherwise made payable in full to the County (10/07). Lot -A portion of a subdivision or any other parcel of land intended as a unit for transfer of ownership or for development, or both. The word lot also include the words "plot" and "parcel". Official Map or Plans -Any maps, plans, charts, or texts officially adopted by the County Board of Commissioners for the development of New Hanover County. Performance Bond -A performance bond from a surety financial guarantee company authorized to do business in North Carolina, made issued or made payable to New Hanover County. The performance bond shall be in a form reasonably acceptable to the County (10/07). Plans, Constructions -Plan, profile, and detail drawings sufficient to indicate the construction of all improvements associated with the property to be subdivided, prepared by a professional, legally recognized by a State of North Carolina licensing board as being licensed to perform such activities or undertakings. (1/02) Plat -Includes the map, plan, plat, replat, replot; a map or plan of a tract or parcel of land which is to be, or which has been subdivided. Plat, Preliminary -A map of proposed land subdivision showing the character and proposed layout of the tract in sufficient detail to indicate the suitability of the proposed subdivision of land. Plat, Final -A map of a land subdivision prepared in a form suitable for filing of record with necessary affidavits, dedications, and acceptances, and with complete bearings and dimensions of all lines defining lots and blocks, streets and alleys, public areas and other dimensions of land required by this ordinance. Streets – A right-of-way for vehicular traffic which is dedicated to public or private use and constructed to acceptable New Hanover County standards. Streets shall be classified as one of the following: LANGUAGE TO BE MODIFIED IN RED Roads/Streets – A right-of-way with infrastructure for vehicular movement which is designed, dedicated, and constructed for public or private use to a standard commensurate with its function. The functional classification of roads/streets are as follows: 3 Arterial Streets: Streets and highways of exceptional continuity, designed to route traffic through or around the County. Arterial: Arterial road systems provide a higher speed, high volume network for travel between two points of interest. The design covers a broader range of roadways, from two lane to multi lane, and is oriented more toward efficient mobility rather than property access. Example: Market Street, College Road Primary Streets: A street or highway of considerable continuity, designed primarily as a radial or cross-county traffic artery for intercommunication between various sectors of the county. Secondary Streets: A street or highway serving as a connecting link between two (2) primary or arterial streets. Collector Streets: Streets which carry traffic from minor streets to the system of major streets (primary and/or arterial streets). Residential collector roads are further defined by the N. C. Department of Transportation's Subdivision Roads-Minimum Construction Standards as amended. (a) a) Dead End Roads -These roads are more than 2500 feet in length, open at one end only without special provision for turning around and have collector characteristics. (b) Connecting Roads -The roads which serve as the connecting road system between other roads within the subdivision and the thoroughfare system. (c) Loop Roads -A road that has its beginning and ending points on the same route. It is more than one mile in length and has collector characteristics. (d) Other Roads -These are other roads having a "collector" type function in the thoroughfare system. Collector: Collectors serve a dual purpose, collecting traffic for movement between arterial and local streets and providing limited access to abutting properties. These streets not only serve traffic movements between arterials and local streets, but through traffic within local areas. Collector streets are public facilities that are free of gates or other obstructions. Collector streets shall intersect with existing or planned collector or arterial streets. Driveway cuts serving individual property are discouraged and shall be minimized. Collector streets include sidewalks on one or both sides of the travelway and often include bicycle facilities such as bike lanes or off-road multi-use paths. Example: Torchwood Blvd, Bayfield Drive (5) Minor Streets: Streets which are used primarily for access to abutting properties. These local residential subdivision roads do not connect thoroughfares or serve major traffic generators and are further defined by the N.C. Department of Transportation's Subdivision Roads-Minimum Construction Standards as amended. (a) Cul-de-sacs Cul-de-Sac: A street open at one end that is planned, constructed, and operated for the sole purpose of property access. Cul-de-sacs shall include a turnaround at the closed end -These are very short roads, open at one end only, with a special provision for turning around at the other end which is permanently closed. They have a "bulb" end design with a specific turning radii and a limited number of lots. 4 of the street to permit reverse direction. In the interest of public service delivery response, the total length of a cul-de-sac shall be minimized. Example: Amelia Court (b) Dead End Roads -These are roads less than 2500 feet in length, open at one end only without special provisions for turning around and have no collector characteristics. (c) Short Connecting Roads -These roads are normally one block long or extend on a blockby-block basis and have no collector characteristics. (d) Loop Roads -A road that has its beginning and ending points on the same route. It is less than one mile in length and has no collector characteristics. (e) Other Roads -These roads do not connect thoroughfare or serve major traffic generators and do not have "collector" characteristics. These include marginal access streets parallel to or adjacent to Arterial and/or Primary Streets and highways, and provide access to abutting properties and protection from through traffic. Alley: Alleys provide side or rear access to individual parcels that front on a higher order street. They are characterized by narrow right-of-way and travelway widths to accommodate passenger vehicles and residential services at slow speeds. Alleys generally connect at both ends to local or collector streets. In some instances, dead end alleys are permissible with a vehicle turnaround at the terminus of the travelway. No permanent parking is allowed. Alley example: Loring Alley Local: Local streets provide access to parcels and may be planned, constructed, and operated for the function of property access and limited through traffic. Traffic volumes are largely short trips or a relatively small part of longer trips where local streets connect with major streets or highways of higher classifications. Street example: Mallow Road Street Stubs: A dedicated right-of-way that abuts undeveloped property for the purpose of allowing future access, connectivity, or logically extend the street system into the surrounding area. All street stubs designated as public or private shall be paved to the property line in order to be counted toward the road connectivity requirements. Temporary access bulbs to facilitate adequate turnaround consisting of an all weathered surface may be required. Wings of bulb shall be removed when adjoining land is developed. No gates or obstructions will be permitted. However, adequate signage installed by the developer to warn motorists of dead end shall be required. Sight Distance: Area at intersecting street that establishes a clear line of sight for a waiting vehicle to see oncoming traffic and make turning movements into or out of street or driveway safely or for traffic to see entering or waiting vehicles. Plaza Area: An area adjacent to the roadway which serves as a physical barrio to direct the flow of traffic and to separate highway traffic from the activity on private property. 5 Section 41-1 Specific Requirements 7) (a) Local Streets Minor (b) All streets shall be designated to be either public or private in accordance with N. C. General Statute 136-102.6 by the subdivider who shall then comply with the requirements of said General Statute and shall submit concurrently with the final plat all disclosure statements required by said General Statute. streets shall be laid out so that their use by through traffic will be discouraged. (c) When a planned subdivision is adjacent to an arterial or primary street, a marginal access street may be required to provide access for lots fronting on the arterial or primary street. (i) Public Street ProjectionsWhere there are lots fronting street projections to adjacent properties and services are required, a temporary turnaround shall be constructed at the end of the street at the property line, said turnaround to be constructed in accordance with NCDOT Specifications 1. Where there are no lots fronting street projections to adjacent properties frontage, the frontage being more or less one side lot length, the street may be constructed to the property line and dead-ended with no cul-de-sac required in accordance with NCDOT Specifications 3. In any and all cases, the developer shall be responsible for the cost of and placement of all required dead-end barricades and signs . 2. The County shall reserve the right to require or not to require the partial or total initial construction of street projections to adjacent properties, or to require guarantee of construction of all or part of such street projections at a later time by provision of surety in the form of cash, letter of credit or other method acceptable to the county. 4. Additional rights-of-way needed for a temporary turnaround at the end of the street projections to adjacent properties shall be in the form of temporary easements or rights-of-way reserved by the subdivider. It is the intention that upon extension of the street into the adjacent property the requirement for a cul-de-sac will cease and that the temporary right-of-way granted for the cul-desac construction will revert to the adjacent property owner. 5. Street projections proposed for access to adjacent properties shall have temporary turnarounds installed in accordance with this chapter and NCDOT Specifications. Section 52-4 Streets All streets shall be constructed, inspected, and approved in accordance with the following requirements. (Total Re-write of Section) (05/02/88) 1) Construction Public Streets: – All street right-of-way segments designated as public or private shall be constructed to minimum North Carolina Department of Transportation (NCDOT) standards. These standards are available for review at the New Hanover County Planning and Inspections Department, County Engineering Department, and at the Division Office of the NC Department of Transportation. (A) Standards shall include drainage, bridge, right-of-way, and pavement design. (B) The classification and as a result, the construction standards for a public street segment may be upgraded to a higher classification if that street segment will eventually be required to provide access to or collect traffic from future development on adjacent properties. (C) All public streets shall be inspected and approved by the District Engineer, NC Department of Transportation, Division of Highways. Private Streets: (A) Streets designated as private shall be constructed to minimum construction standards as adopted by New Hanover County and certified by a Licensed Professional Engineer (PE) recognized in the State of North Carolina. (B) Pavement design shall meet the requirements as specified and shown in the road profiles depicted in Article VIII of the County’s Subdivision Regulations under Appendices & Certificates. (C) Streets designated as private may be allowed in subdivisions once they are reviewed and approved by the County’s Technical Review Committee (TRC). In their review, the TRC will consider unique physical conditions of the property including but not limited to connectivity, topography, geometric design, storm water, tree preservation, ingress and egress, reduction of speed to desirable or safe levels and other safety measures and that sufficient language is provided through a legally established property owner’s association that the streets will be properly maintained. (D) Whenever a private street intersects a U.S., NC highway, or Secondary Road, an approved NCDOT Driveway Permit signed by the District Engineer will be required prior to final plat approval. (E) Private road stubs and dead end streets shall be constructed/paved to the property boundary and shall not contain gates or obstructions to qualify for connectivity standards as stated in Section 41-1 (7)(f). (F) Streets designed as collector roads that accept traffic from local streets will be required to be designated as public and adhere to the standards under public streets as noted above. Private Road Construction Standards Matrix Table for Road ROW Specifications, General Standards, and Road Profiles located in Article VII: Appendices & Certificates of this Ordinance. ROAD DESIGN STANDARDS Alley Cul-de-sac Local Collector ROW (R) 20 45 45 50 Travelway Width (W) 18 22 24 26 Minimum Horizontal Centerline Radius 55 100 100 200 Minimum Edgeline Radius at Corners N/A 15 25 30 Pavement Design Standard (NCDOT) Local Local Local Collector General Standards: Minimum Offset Between Centerlines of Intersections 200 Tangent Length Between Horizontal Curves 100 Maximum Cul-de-sac Length 500' Plaza Width (between back of curb and sidewalk) 5' Sight Distance Triangle at Intersections 10'x70' ITEM 3 A-388 Amendment to The Subdivision Ordinance Request by Staff to amend Section 54 of the Subdivision Ordinance to establish a procedure for confirming the status of improvements and common areas prior to transfer to homeowner associations, and Section 52-4 of the ordinance to clarify the intent and procedure for publicly platted roads and requests for redesignation of such to private road. History Recent events relating to redesignating of roads from public to private use has highlighted the need for clarity and a specific process for dealing with this issue. The following proposed amendments attempt to address this timely issue. Section 54 (3) TRANSFERS OF PUBLIC IMPROVEMENTS OR COMMON AREAS TO HOMEOWNER ASSOCIATIONS OR PROPERTY OWNER ASSOCIATIONS. (a) REQUIRED MEETING WITH TRC Prior to recordation of any deed or other legal instrument conveying a transfer of rights, responsibilities and/or real property from a developer or builder to any home owner association or property owner association, a representative legally authorized to act on behalf of both parties shall apply for review and confirmation of the status of all public dedications and private common areas approved for said subdivision. The TRC meeting shall reconfirm in writing the following: i. approved public or private status of roads and obligations or limitations thereon, including provision of traffic calming methods and unauthorized obstructions; ii. the method and sufficiency of dedication or control of open space, recreation space or other permitted amenities; iii. the obligations and limitations associated with maintaining stormwater facilities and easements, public or private systems to handle potable water and wastewater; iv. any limitations on uses of land, future redivision or rezoning of land in the subdivision; or v. any other pertinent expectations for public or private improvements and common areas. (b) RIDER ON LEGAL INSTRUMENTS OF TRANSFER REQUIRED No legal instrument establishing a transfer of such public dedications or private common areas shall be considered valid for purposes of meeting zoning or subdivision requirements of New Hanover County without inclusion of the TRC summary document outlined in (3)(a) above. Section 52-4 (4) DEDICATION AND MAINTENANCE OBLIGATIONS FOR PUBLIC RIGHTS OF WAY (a) When rights-of-way have been platted, approved and recorded as public roads, such recordation shall be conclusively presumed to be an acceptance of an offered dedication for unencumbered public use and will obligate the developer of record to apply for acceptance into the NCDOT maintenance system prior to any transfer of common areas or maintenance . This obligation must appear in all recorded covenants for the subdivision and may not be changed or removed without the express approval of the TRC. (b) In the event that transfer is desired prior to meeting NCDOT residency thresholds for acceptance, the developer or builder and the HOA/POA may petition the TRC to waive the requirement for petition for public maintenance, provided a binding agreement is recorded with the deed that transfers the obligation to petition NCDOT within three months of meeting the residency threshold. (c) Unless otherwise approved by the TRC, any subdivision final plat which depicts a public right of way shall obligate for perpetuity an unencumbered right of access for public use of the right of way, whether or not maintenance of the road has been petitioned and accepted by NCDOT. (5) REDESIGNATION OF PLATTED ROAD RIGHTS OF WAY FROM PUBLIC TO PRIVATE The New Hanover County Technical Review Committee shall hear and determine requests for redesignation of approved public rights of way. The TRC shall make its decision, including the attachment of conditions, based on, but not limited to: (a) The road classification of the right-of-way proposed for redesignation (b) Consideration of the present and future through-traffic connectivity function (c) The ability to deliver adequate emergency services (d) The ability to deliver and maintain adequate public services and easements (e) The impact on safe and efficient traffic circulation within one-half mile of the proposed redesignation, including consideration of the number of lots served (f) The ability to provide effective controlled access to higher level street classifications (g) Cumulative safety concerns and unintended consequences for the neighborhoods served by the right of way, including but not limited to the ability of the Sheriff’s Department to enforce speed laws (h) Physical or environmental barriers to effective connectivity functions (i) Planned public road improvements or collector street plans ACTION NEEDED: Motion to recommend approval as presented. Motion to recommend approval with changes. Motion to table. Motion to deny the proposed changes. A-389 (10/10) Page 1 of 4 9/29/2010 ITEM 4 A-389 Amendment to the Zoning Ordinance Request by Staff to amend Article VI and Article VII to establish standards for Farmers Markets or Produce Stands in Residential Districts. History Farming in New Hanover County has been rapidly declining, but the desire for fresh and local food products has grown, generating an interest in expanding the areas where sales of these food products would be allowed. Farmers Markets have become a popular idea in the past few years. Often, they are operated on public property in partnership with a city or other governmental entity, as in Wilmington, Carolina Beach and the State Farmers Market in Raleigh. But a Farmers Market can also be a private enterprise, as we see at Poplar Grove Plantation. Produce stands are also popular in our area. Currently, our ordinance would allow such uses in commercial zoning districts subject to normal commercial standards or on residential properties when the products are grown on the same site. However, in the midst of our economic downturn, many individuals have pursued creative and somewhat random means for generating income by selling produce and other goods by the roadside or in locations other than commercial areas. Farmers Markets are collective enterprises concentrated in a single location, leasing or otherwise assigning spaces to grower-vendors selling produce and related farm products under a consistent set of management guidelines and restrictions. Generally, all items must be grown, raised, foraged, caught, or otherwise produced by the seller. By contrast, produce stands are typically characterized by one vendor who sells a variety of farm products in one location for off site growers. Farmers Markets and produce stands promote regional agriculture and ensure a continuing supply of fresh, local produce for residents. These markets support farmers and preserve farmland for the future by providing regional small family farmers with alternative opportunities to sell their fruits, vegetables and other farm products. While Farmers Markets and produce stands are desirable in concept, they can impose conflicts and unsafe conditions along roadways or within residential communities when they are poorly located or managed. In order to encourage local agricultural production, expand opportunities to market these goods, and to accommodate availability of fresh and local food sources in closer proximity to where people live, Staff recommends the following amendments to the zoning ordinance. PROPOSAL Article II Definitions (add) Farmers Market : a collective enterprise selling directly to the public and operated under a unified set of management guidelines and restrictions, concentrated in a single location, and leasing or otherwise assigning spaces to growers/producers who personally sell fresh produce and related farm products locally grown off site. A-389 (10/10) Page 2 of 4 9/29/2010 Produce Stand : a single-vendor enterprise established to sell a variety of farm products directly to the public in a single location for one or several off site growers. Article VI Section 61-5: Standards for Temporary Farmers Markets or Produce Stands in Residential Districts Open lot sales of farm produce and related products may be allowed by right as a temporary use in all residential zoning districts when all of the following standards are met: (1) Sales are limited to a cumulative total of no more than 60 days per calendar year. (2) In the case of a Farmers Market, all vendors must be original producers of items for sale. Eligible products for temporary farmers markets or produce stands are fruits, vegetables, herbs, flowers, eggs, meats, seafood, cheese, baked goods, jellies and jams, honey, and handmade crafts, consistent with NC Food and Drug Protection Agency and the Department of Agriculture, and all other federal, state and local laws relating to the production and selling of such goods. A minimum of 75% of the products displayed and offered for sale must be directly linked to farm products, and documentation of how these standards will be met shall be specified on the submission for zoning approval. (3) The proposed time schedule and duration of the use must be specified on the submission for zoning approval. (4) Minimum lot size shall be no less than 1 acre for produce stands and 2 acres for farmers markets. (5) The site shall front on a collector or arterial roadway. (6) Approved NCDOT driveway permit is required. (7) Ingress, egress, circulation, and parking plans shall describe measure proposed to assure safety and minimize traffic impacts on surrounding areas. (8) Adequate solid waste disposal methods must be provided for vendors and customers (9) Only temporary signage shall be allowed for these temporary uses. A maximum of two (2) temporary signs shall be allowed on site to advertise for the market as a whole. a. Temporary signage consistent with the permit may be installed no more than 2 days prior to the start of market activities and shall be removed at the conclusion of operating hours. b. Individual signs shall not exceed 35 square feet in sign area. All permitted signs shall have a maximum height of 6 feet and shall be setback a minimum of 10 feet from any property line. c. Illumination of signage is prohibited. (10) Parking Requirements a. One (1) parking space is required for every eight hundred square feet (800) of gross market area. Except that a minimum of two spaces is required. Spaces shall meet the minimum size requirements as identified in New Hanover County Zoning Ordinance, Section 80-6: Off-Street Parking Design and Space Size. b. Parking shall be provide on the same site as the Farmers Market or produce stand, or may be located off site provided that it is within four hundred (400) feet of the main entrance of the market. If parking is provided off of the primary parcel then a written parking agreement between the responsible party and the parcel owner shall be provided prior to the issuance of any permit. Adequate and safe ingress and egress shall be provided by the Farmers Market Management or the property owner. A-389 (10/10) Page 3 of 4 9/29/2010 c. All parking must occur in designated areas. No parking shall occur in any unimproved parking surfaces such as, but not limited to landscape parking islands, medians, or open/passive recreation space. (11) A site layout showing the proposed marketing area (vendor spaces, staging, sales and display areas, and customer promenades), parking, traffic circulation, lighting, waste disposal method, signage and other site amenities must be submitted for approval. (12) Tents or other shelters must meet fire safety codes and shall be disassembled after market hours of operation. Tents shall be located so that they will not interfere with the normal operations of any permanent use on the property. (13) The proposed location may not be part of designated recreation, open space or common area in an approved residential subdivision. (14) Restroom facilities for the public may be required for complaince with NC Building Code. (15) If structures are proposed or required, the plan shall shall be reviewed for compliance with the Americans with Disabilities Act and other building codes. (16) Live animals or birds shall not be sold or displayed. (17) No bands, amplified music or other entertainment shall be allowed. (18) No concessions for consumption on site and no cooking of products shall be allowed on the site. (19) No alcohol products shall be allowed. (20) Any proposal for a permanent farmers market or produce stand, and any temporary farmers market or produce stand proposing to exceed the standards or limitations outlined in this section may be allowed at the discretion of the Board of County Commissioners only upon issuance of a Special Use Permit under the terms and conditions outlined in Article VII of this ordinance. Article VII Section 72-40 Farmers Markets or Produce Stands in Residential Zoning Districts A Farmers Market or produce stand, whether enclosed in a structure(s) or proposed as open lot sales of farm produce, shall be allowed in residential zoning districts by special use permit when such use is proposed as a permanent enterprise; when the provisions and standards of Section 61-5 or 61-6 of this ordinance are not met; or when goods or activities are proposed which do not conform to Section 61-5 or 61-6. In reviewing proposals, the Planning Board and the Board of County Commissioners shall review each application in accordance with the requirements of Section 71-1(3) and more particularly with regard to the following: (1) The shape, the environmental characteristics, the width and the physical location of the property. (2) The inclusion of a safe and enforceable management plan for pedestrian and vehicular traffic, (including parking) both on the proposed site and along the adjacent roadway. (3) The extent to which all adjoining residential uses will be protected from imposition of artificial light, noise, dust, odors or debris generated by any and all of the proposed market uses. (4) The inclusion of an adequate solid waste management plan to systematically remove discarded products and other debris. A-389 (10/10) Page 4 of 4 9/29/2010 (5) Assurances of the authenticity of farm products and arts and crafts and a listing of goods to be sold. (6) The extent to which the range of standards, goods or activities for the proposal meets or deviates from those standards outlined in Section 61-5 or 61-6 of this ordinance, whichever applies. (7) For permanent signage, the proposal must meet the requirements of Article IX of this ordinance. Temporary signage shall be subject to the provisions of 61-5. (8) All structures or operations must comply with environmental health codes, fire codes and building codes, as applicable. Final approval or denial of any special use permit shall be made according to the judgment of the Board of County Commissioners. The Board may decide that the proposal as submitted will benefit the community without undue conflicts or that the proposal is not appropriate in the proposed location. If approved, the permit may be conditioned by the Board when, in its wisdom, additional conditions are necessary to mitigate specified negative impacts upon the community. ACTION NEEDED: Motion to recommend approval as presented. Motion to recommend approval with changes. Motion to table. Motion to deny the proposed changes.