PB Agenda 20110901 Packet
AICP Director 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 SEPTEMBER 1, 2011 The New Hanover County Planning Board will hold public hearings on Thursday, September
1, 2011 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 August Planning Board Meeting Minutes Item 1: Text Amendment (A-391, 06/11) -Request by Staff to amend Sections II, IV, V, and VI of
Use
review process for intensive industrial uses. This item was continued from the Planning July 7th and August 4th, 2011 meetings. Item 2: Text Amendment (A-392, 09/11)
-Request by Staff to amend Section 53.6 of the
Zoning District (EDZD). Technical Review Committee Report (August) 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 Current Planning
and Zoning Manager Jane Daughtridge, AICP Current Planning & Zoning Manager Dennis Bordeaux Inspections Manager Shawn Ralston Long Range Planning Manager
Narrative for New Staff Version re: Industrial Districts August 18, 2011 A-391 Page 1 The attached version is an attempt to clarify the intended outcomes of staffs edits to the Industrial
District sections of the Ordinance and to instill clear and appropriate controls on existing industrial uses. The latest version has been edited to add clarity to the issue of existing
industrial uses, and staff feels that it conveys with more certainty the various allowances and limitations for existing uses. As background, s
n attempting to envision every type of use that could be proposed in the
industrial districts and listing each of those as a separate use. The thought was to allow more flexibility in interpretive discretion for uses not specifically listed, but at the same
time, to provide guidance for the types of uses staff felt would need an additional additional layer of review via the special use permit process. Consistent with procedures for typical
non-conforming situations, the original exemption for existing industrial uses did not allow for expansions off the current parcel without a special use permit, so the risks associated
with the broad use classification were minimal. However, as the exemption has grown to a much larger scope in recent drafts, the risks associated with broad use classification and unrestricted
expansion has become more significant. Staff feels that it is important to set a definitive point at which the exemption is established and to set reasonable limitations on expansions
to adjacent properties. If all existing industries were able to expand onto adjacent land or across a road in a fully unlimited way in all circumstances, for all time, the opportunity
exists for unintended consequences of rather significant proportion that essentially invalidate protection of the broad public interest. Staff will provide a few graphics at the September
meeting to illustrate these concerns.
August 18, 2011 A-391 Page 1 1 A-391 Text Amendment 2 Applicant: Staff 3 Amend Sections II, IV, V and VII of the Zoning Ordinance to improve 4 classification of industrial uses and to
create a special use review process for 5 intensive industrial uses 6 Section 56: I-1 Light Industrial 7 56.1: The I-1 zoning district is established to preserve land within the County
for light 8 industrial uses and associated operations, including assembly, fabrication, packaging 9 and transport, where operations are conducted primarily indoors and where suitable
10 sites are served by rail, waterway, highway transportation systems as well as readily 11 available utilities. Heavy industrial uses in which raw materials are converted into 12 products
for subsequent assembly or fabrication or where uses create an excessive 13 amount of noise, odor, smoke, dust, air borne debris or other objectionable 14 characteristics which might
be detrimental to surrounding areas are not appropriate in 15 this district. Within the I-1 district, all operations conducted and all materials used or 16 held in storage shall be contained
within enclosed buildings, solid wall, fence or 17 planting of such nature and height as to conceal such operation or materials from view 18 from any roadway or adjacent properties.
No I-1 district shall be less than five (5) 19 acres in area. 20 56.2 Deleted (1/5/81) 21 56.3 Deleted (1/5/81) 22 56.4: Dimensional Requirements: 23 (1) Minimum Lot Area-None 24 (2)
Minimum Front Yard-50 feet 25 (3) Minimum side and rear yards for property abutting residential districts 26 shall be calculated in accordance with Section 69.11. 27 (4) Maximum building
height: 28 Forty (40) feet except for buildings located within the Urban Transition 29 Area and fronting along a Collector, Minor Arterial, or Principal Arterial 30 as indicated on the
Wilmington Metropolitan
August 18, 2011 A-391 Page 2 most current 31 Roadway Functional Classification Map, may exceed forty 32 (40) feet provided their FAR does not exceed 1.0. (2/7/83) 33 56.5: Parking: Parking
and loading shall be provided in accordance with the 34 provisions of Article VIII. 35 56.6: Signs: Signs shall be in accordance with Article IX. 36 56.7 DELETED (3/9/88) 37 56.8: Existing
Industrial Uses: 38 These standards and any requirement for a special use permit shall apply to all new 39 proposals in I-1 districts as shown on the Table of Permitted Uses.
40
41 tax parcel zoned I-1 and developed for that particular use prior to the date of adoption 42 of this section. Any existing industrial uses which did not require a special use permit
43 prior to the date of adoption of this section would be considered a a conforming use and 44 shall not require a special use permit in order to continue operations. 45 56.8.1: Modifications
and/or Expansions of Existing Industrial Uses: For 46 modifications and/or expansions of existing industrial uses whose site conditions 47 were in conformity with the requirements of
this ordinance prior to the date of 48 adoption, the following conditions must be met. If these conditions are not met, 49 or if the existing industrial use is classified within the
Intensive Manufacturing 50 category, and the modification and/or expansion changes the particular use within 51 that category, a special use permit will be required for the modification
and/or 52 expansion. 53 A. Modifications and/or Expansions on the Same Parcel: 54 Modifications and/or expansions of existing industrial uses shall be 55 allowed if fully contained on
the tax parcel currently developed for and 56 operating as such use and provided the following: 57 1. If the expansion and/or modification is for the same 58 particular industrial use
that was operating prior to the date 59 of adoption of this section. 60 2. If the expansion and/or modification is for a less intensive 61 industrial use than was operating prior to
the date of 62 adoption of this section. (Ex. An existing Intensive 63 Manufacturing use could transition to a use in the Artisan, 64 Limited or General Manufacturing category).
August 18, 2011 A-391 Page 3 3. 65 If the existing industrial use is classified within the 66 General, Limited or Artisan Manufacturing categories, the 67 use may expand and/or modify
to a different use within that 68 same category. 69 B. Modifications and/or Expansions onto Adjacent or Contiguous 70 Parcels: Modifications and/or expansions of existing industrial
uses shall 71 be allowed on tax parcels adjacent or contiguous (excluding rights of way) 72 to the current use, if properly zoned, and held in the same ownership as on 73 the date of
adoption of this section (including successor ownership) and 74 provided the following: 75 1. If the expansion and/or modification is for the same 76 particular industrial use that was
operating prior to the date 77 of adoption of this section. 78 2. If the expansion and/or modification is for a less intensive 79 industrial use than was operating prior to the date
of 80 adoption of this section. (Ex. An existing Intensive 81 Manufacturing use could transition to a use in the Artisan, 82 Limited or General Manufacturing category). 83 3. If the
existing industrial use is classified within the 84 General, Limited or Artisan Manufacturing categories, the 85 use may expand and/or modify to a different use within that 86 same category.
87 Section 57: I-2 Heavy Industrial 88 57.1: The I-2 zoning district is established to set aside areas of the County for a full 89 range of manufacturing, fabrication, assembly, warehousing,
and distribution uses 90 associated with heavy industrial land uses where heavy industry can find suitable sites 91 served by rail, waterway and highway transportation. The district
is also established 92 to subsequently protect nonindustrial districts situated outside the district and 93 minimize environmental impacts caused by the uses within the district. Outdoor
94 operations and storage are appropriate for this district provided that the district 95 standards are met. Certain uses within the I-2 district shall require a special use 96 permit
as specified specified in the Table of Permitted Uses. No I-2 District shall be less than 97 five (5) acres in area. 98 57.2 DELETED (1/5/81) 99 57.3 DELETED (1/5/81)
August 18, 2011 A-391 Page 4 100 57.4: Dimensional Requirements: 101 (1) Minimum lot area-None 102 (1) Minimum front yard building setback-50 feet 103 (2) Minimum side and rear yard
building setbacks for property abutting 104 residential shall be calculated in accordance with Section 69.11. 105 (3) Buffers must be established between I-2 and adjacent, non-industrial
uses, 106 in accordance with Section 67B-4 of this ordinance. 107 57.4.1: Review of external effects. All uses in the I-2 zoning district must 108 operate in compliance with current
standards for sound, vibration, heat discharge, 109 glare, odor, air quality and water quality, as applicable under federal, state, and 110 local regulations. For uses that require a
Special Use Permit, a non-binding 111 narrative must accompany the application that shall include a disclosure of the 112 projected external impacts of the project, including information
about anticipated 113 federal and/or state permits that will be required. Section 71 further describes the 114 special use permit approval process. 115 57.5: Parking Parking and loading
shall be provided in accordance with the 116 provisions of Article VIII. 117 57.6: Signs Signs shall be in accordance with Article IX. 118 57.7: DELETED (3/9/88) 119 57.8: Existing
Industrial Uses: 120 These standards and any requirement for a special use permit shall apply to all new 121 proposals in I-�
� 122 n
and open for business on a 123 tax parcel zoned I-2 and developed for that particular use prior to the date of adoption 124 of this section. Any existing industrial uses which did not
require a special use permit 125 prior to the date of adoption of this section would be considered a conforming use and 126 shall not require a special use permit in order to continue
operations. 127 57.8.1: Modifications and/or Expansions of Existing Industrial Uses: For 128 modifications and/or expansions of existing industrial uses whose site conditions 129 were
in conformity with the requirements of this ordinance prior to the date of 130 adoption, the following conditions must be met. If these conditions are not met, 131 or if the existing
industrial use is classified within the Intensive Manufacturing
August 18, 2011 A-391 Page 5 category, and the 132 modification and/or expansion changes the particular use within 133 that category, a special use permit will be required for the modification
and/or 134 expansion. 135 A. Modifications and/or Expansions on the Same Parcel: 136 Modifications and/or expansions of existing industrial uses shall be 137 allowed if fully contained
on the tax parcel currently developed for and 138 operating as such use and provided the following: 139 1. If the expansion and/or modification is for the same 140 particular industrial
use that was operating prior to the date 141 of adoption of this section. 142 2. If the expansion and/or modification is for a less intensive 143 industrial use than was operating as
prior to the date of 144 adoption of this section. (Ex. An existing Intensive 145 Manufacturing use could transition to a use in the Artisan, 146 Limited or General Manufacturing category).
147 3. If the existing industrial use is classified within the 148 General, Limited or Artisan Manufacturing categories, the 149 use may expand and/or modify to a different use within
that 150 same category. 151 B. Modifications and/or Expansions onto Adjacent or Contiguous 152 Parcels: Modifications and/or expansions of existing industrial uses shall 153 be allowed
on tax parcels adjacent or contiguous (excluding rights of way) 154 to the current use, if properly zoned, and held in the same ownership as on 155 the date of adoption of this section
(including successor ownership) and 156 provided the following: 157 1. If the expansion and/or modification is for the same 158 particular industrial use that was operating prior to
the date 159 of adoption of this section. 160 2. If the expansion and/or modification is for a less intensive 161 industrial use than was operating prior to the date of 162 adoption
of this section. (Ex. An existing Intensive 163 Manufacturing use could transition to a use in the Artisan, 164 Limited or General Manufacturing category). 165 3. If the existing industrial
use is classified within the 166 General, Limited or Artisan Manufacturing categories, the 167 use may expand and/or modify to a different use within that 168 same category.
August 18, 2011 A-391 Page 6 169 170 ADD NEW SECTION to Article IV NON-CONFORMING SITUATIONS 171 Sec. 44-1.1: The standards outlined in Sections 56 and 57 of this ordinance, and any
172 requirement for a special use permit shall apply to all new proposals in I-1 and I-2 173 districts as shown on the Table of Permitted Uses. Any existing industrial uses which 174
did not require a special use permit prior to the date of adoption of this section would 175 be considered a conforming use and shall not require a special use permit in order to 176
continue operations. 177 active operation and open
for business on a tax parcel zoned I-1 or I-2 and developed 178 for that particular use prior to the date of adoption of this section. 179 44-1.1.1: Modifications and/or Expansions of
Existing Industrial Uses: For 180 modifications and/or expansions of existing industrial uses whose site conditions 181 were in conformity with the requirements of this ordinance prior
to the date of 182 adoption, the following conditions must be met. If these conditions are not met, 183 or if the existing industrial use is classified within the Intensive Manufacturing
184 category, and the modification and/or expansion changes the particular use within 185 that category, a special use permit will be required for the modification and/or 186 expansion.
187 A. Modifications and/or Expansions on the Same Parcel: 188 Modifications and/or expansions of existing industrial uses shall be 189 allowed if fully contained on the tax parcel currently
developed for and 190 operating as such use and provided the following: 191 1. If the expansion and/or modification is for the same 192 particular industrial use that was operating prior
to the date 193 of adoption of this section. 194 2. If the expansion and/or modification is for a less intensive 195 industrial use than was operating as prior to the date of 196 adoption
of this this section. (Ex. An existing Intensive 197 Manufacturing use could transition to a use in the Artisan, 198 Limited or General Manufacturing category). 199 3. If the existing
industrial use is classified within the 200 General, Limited or Artisan Manufacturing categories, the 201 use may expand and/or modify to a different use within that 202 same category.
August 18, 2011 A-391 Page 7 203 B. Modifications and/or Expansions onto Adjacent or Contiguous 204 Parcels: Modifications and/or expansions of existing industrial uses shall 205 be
allowed on tax parcels adjacent or contiguous (excluding rights of way) 206 to the current use, if properly zoned, and held in the same ownership as on 207 the date of adoption of this
section (including successor ownership) and 208 provided the following: 209 1. If the expansion and/or modification is for the same 210 particular industrial use that was operating prior
to the date 211 of adoption of this section. 212 2. If the expansion and/or modification is for a less intensive 213 industrial use than was operating prior to the date of 214 adoption
of this section. (Ex. An existing Intensive 215 Manufacturing use could transition to a use in the Artisan, 216 Limited or General Manufacturing category). 217 3. If the existing industrial
use is classified within the 218 General, Limited or Artisan Manufacturing categories, the 219 use may expand and/or modify to a different use within that 220 same category.
Municipality Required Permit Uses Predating Permit Requirement Anson County Conditional Use Non-conformities (Expansion or vacancy for 180 days requires review). Buncombe County Conditonal
Use Nonconformities (Expansion or vacancy for 180 days requires review). Brunswick County Special Use Nonconformities (Expansion or vacancy for 180 days requires review). Forsyth County
Special Use Nonconformities (Expansion or vacancy for 180 days requires review). Caldwell County Conditional Use Nonconformities (Expansion or vacancy for 180 days requires review).
Edgecombe County Conditonal Use Nonconformities(Expansions except a uses that involves the removal of natural materials from a lot (e.g. sand pit) may be expanded to the limits of the
site planupon which the mining permit was granted if 10% or more of natural materials had already been removed. Davidson County Special Use Nonconformities(Expansions, intensity change,
or vacancy for 180 days requires review). Onslow County Special Use Nonconformities(Expansion, prohibited within district, or vacancy for 180 days requires review). Durham County Special
Use Nonconformities (Expansion, intensity, or abandoment for a period of 30 days requires review). Guilford County Special Use Nonconformities (Expansion, intensity, or abandoment for
a period of 1 year requires review). Wake County Special Use Nonconformities (Expansion and abandonment for a period of 180 days requires review. Intensity change of a nonconforming
use is at the discretion of the Planning Director). Pender County Special Use Nonconformities (Expansion and abandonment for a period of 180 days requires review. Intensity change of
a nonconforming use is at the discretion of the Administrator). Gaston County Conditional Use Nonconformities (Expansion and/or change in intensity is reviewed by the Board of Adjustment).
Iredell County Special Use Nonconformities (Expansion, intensity, or abandonment for a period of 1 year requires review). Orange County Special Use Conforming Use of property within
the confines of the ordinance, subject to the following limitation: Any enlargement, replacement or modification of such a use shall require submittal, review, and approval of a Special
Use Permit application as though it were a new use. Johnston County Special Use Nonconformities (Enlarged, extended, reconstructed, moved or structurally altered requires review). Any
nonconforming use with a total replacement cost of less than $5,000 at time suce use became nonconforming shall cease within five years after date of notice of nonconformity, or within
20 years after the construction of such structure, whichever is later. Chatham County Conditional Use Nonconformities (Expansion and abandonment for a period of 365 days requires review).
DRAFT 8/24/11 Item 2: A-392 Amend Section 53.6 EXCEPTIONAL 1 DESIGN ZONING DISTRICT (EDZD) 2 (Deletions have red strikes through them. New language is underlined and in red.) 3 4
5 53.6-1: Intent-The Exceptional Design Zoning District (EDZD) provides opportunities for mixed 6 use or high density residential projects within the unincorporated areas of the County
where 7 appropriate urban features are in place to support such projects without the negative impacts 8 of urban sprawl. Through the conservation of water bodies, wetlands, floodplains
and open 9 space, it is intended that this district will prevent the degradation of water quality and foster 10 the preservation of natural hydrology, habitat and biodiversity. In addition,
the district is 11 intended to provide design flexibility to achieve public and private spaces that advance a sense 12 of community in a well-integrated service area that diminishes
the need for vehicular traffic and 13 encourages bicycle and pedestrian movements. The EDZD shall be located with respect to 14 public and private facilities existing or clearly available
by the time they are required within the 15 development 16 17 Physical character of the site and relation to surrounding property -The site shall be suitable for 18 development in the
manner proposed without creating hazards to persons or property, on or 19 off the district, and free from the probability of flooding, erosion, subsidence or slipping of the 20 soil
or other dangers. Condition of soil, groundwater level, drainage and topography shall all be 21 appropriate to both the kind and pattern of use intended. If appropriate to the form and
22 function of development, lands to be included in EDZD districts may be divided by streets, 23 alleys, rights-of-way or easements, but shall be located, dimensioned and arranged as
to permit 24 unified planning and development and to meet all requirements in connection therewith, as 25 well as to provide necessary protection against adverse relationships between
uses in the 26 district and uses in surrounding areas. 27 28 53.6-2: Applicability Areas classified as Conservation on the current CAMA Land Classification 29 Map are not eligible
for residential density greater than 2.5 units per acre, and such acreage 30 must be subtracted from the acreage upon which density on other portions of the district is 31 calculated.
All other areas of the unincorporated planning jurisdiction for New Hanover County 32 are eligible for the EDZD. 33 34 53.6-3: Procedures for establishing Exceptional Design Zoning Districts
35 1) Applications; procedures and materials to be submitted. Approval for EDZD rezoning 36 shall generally follow procedures for establishment of Planned Development Districts. 37 Material
submitted with the application as outlined below, or on subsequent request by 38 the Planning Department, shall include all plans, maps, studies and reports which may 39 reasonably be
required to make the determinations called for in the particular case. 40 Applicants are recommended to meet with staff before substantial investments are 41 made towards the design
of exceptional development projects and are required to meet 42 with staff to review the exceptional development concept and criteria prior to 43 submitting an application. Application
shall be made on forms provided by the County
DRAFT 8/24/11 and in accordance with the schedule of deadlines for 44 Planning Board submissions. The 45 following procedures must be met: 46 a. Meet with staff 47 b. Hold 2 meetings
with owners and neighbors adjacent to the proposal 48 and within 500 feet of the area to be considered (Section 111-2.1: 49 Required community information meeting before consideration).
At 50 least one meeting must be scheduled after 6:00 p.m. Notice of both 51 meetings must be given at least two (2) weeks in advance. 52 c. Prepare application and submit by application
deadline. The 53 application shall include: 54 i. Survey map as well as metes and bounds description of the 55 boundaries. 56 ii. Map showing location of existing public water and sewer
lines, 57 roadway classification, existing or planned bicycle and 58 pedestrian facilities, schools, parks, employment centers, and 59 shopping districts within a ½ mile radii of the
outermost 60 project boundary. 61 iii. Traffic Impact Analysis prepared in accordance with a scope of 62 work established by the Wilmington Metropolitan Planning 63 Organization, NCDOT
and New Hanover County, and signed by 64 a licensed traffic engineer is required for all projects (based on 65 proposed maximum density and intensity for the acreage). 66 iv. Narrative
generally describing the reasons for seeking 67 rezoning and outlining the anticipated development to be 68 approved under separate permit at a later date, if known, and 69 describing
the adequacy of access to the site. 70 v. Inventory of the existing environmental, cultural, historical 71 and natural site attributes. 72 vi. A conceptual plan that shows with reasonable
certainty the 73 type and intensity of use for the proposal. 74 vii. Summary of the meetings held with surrounding property 75 owners. 76 viii. A checklist of the prerequisite standards
that will be met. 77 ix. Application fee. 78 x. Calculations of the requested density/intensity and 79 documentation supporting the award of points for any density 80 bonus.
DRAFT 8/24/11 xi. Verifiable water and sewer expansion 81 plans must be provided 82 and allocation of capacity confirmed with the Cape Fear Public 83 Utility Authority. 84 xii. Phasing
schedule. 85 xiii. The project must meet all applicable requirements of the 86 County Zoning Ordinance. 87 d. Planning Board consideration and Board of Commissioners decision 88 after
public hearing. 89 90 53.6-4: District Regulations -Residential density and non-residential intensity within the EDZD 91 shall be based upon the overall exceptional design score of the
proposed 92 development. The following regulations must also be met: 93 1) The applicant must be the owner or owners of all the property to be included in 94 the district and must demonstrate
that the property is jointly owned or be 95 subject to a formal agreement for unified control. No development permit shall 96 be issued until unified ownership is established. 97 2)
A district must include the entirety of the parcel or parcels being considered. 98 3) A district may not extend across any major or minor arterial roadway having 99 three or more lanes
of vehicular traffic unless the district proposes multiple, 100 unified development phases of mixed uses having safe, signalized vehicular, 101 pedestrian and bicycle facilities to connect
the projects, such as crosswalk 102 signals, pedestrian overpasses, refuge islands, etc. 103 4) Density permitted by right for residential units in the district shall be six (6) units
104 per acre. 105 5) Cumulative floor area ratio (FAR) for mixed use permitted by right in the district 106 shall be 1.0. 107 6) All proposals seeking to exceed six (6) units per
acre or FAR of 1.0 must 108 accumulate exceptional design bonus points sufficient to qualify for the 109 proposed densities or intensities. 110 7) Prerequisite standards as described
in Table 53.6-7. 111 8) The Exceptional Design District Certification must be assured during the first 112 phase of development or prior to completion of more than 24 units, whichever
113 comes first. 114 115 53.6-5 Staff Recommendations -Planning staff, in consultation with other appropriate 116 departments or personnel, shall prepare a written report to the planning
board and board of 117 commissioners, containing the following findings:
DRAFT 8/24/11 1) As to the suitability of the proposals for the general type 118 of function, the physical 119 characteristics of the land, and relation of the proposed development
to 120 surrounding areas and existing and probable future development. 121 2) As to the sufficiency of supporting evidence in the application showing that the 122 proposed location can
meet the basic criteria for exceptional design. 123 3) As to the relation to major roads and mass transit facilities, utilities and other 124 facilities and services. 125 4) As to the
adequacy of evidence on unified control and the suitability of any 126 proposed agreements, contracts, deed restrictions, sureties, dedications, 127 contributions, guarantees, or other
instruments, or the need for such 128 instruments, or for amendments in those proposed. 129 5) As to the suitability of plans proposed or the suggestion of conditions. 130 6)
131 adopted plans for development in the vicinity, and suggesting
how the rezoning 132 might be reasonable and in the public interest if approved. 133 134 53.6-6 Actions by Planning Board; Board of Commissioners -Actions by the planning board 135 shall
be in the nature of a recommendation for or against the rezoning and may include 136 suggested conditions of approval. The Board of Commissioners may grant the application in 137 accordance
with the EDZD regulations and other applicable local, state or federal requirements 138 or may approve the application with conditions attached, or may deny the application. 139 140
53.6-7 Development to be in Accord with Approved Concept Plan and Related Regulations -If 141 the rezoning is approved, the Board of Commissioners shall, approve the development concept
142 plan as described in the application, or indicate required modifications in such approved plan, 143 and such approval shall be binding in determinations concerning final development
plans. If the 144 rezoning is approved, the development shall be required to be in accord with approved concept 145 plans and meet the requirements of these and other regulations, as
approved. The 146 development shall also conform to any time limitations established by the board of 147 commissioners or the applicant as to beginning and completion of the development
as a whole, 148 or in specified stages. Before development may proceed, agreements, contracts, deed 149 restriction, sureties and other instruments involved shall be in a form approved
by appropriate 150 officers or agencies. 151 152 Underlying standards upon which to add the exceptional design criteria shall include: 153 154 1) Maximum Building height: within 200
feet of any residential zoning district or 155 residential use (4/6/10), building height shall not exceed forty (40) feet. 156 2) Building setbacks and separation: Buildings located
on the periphery of the 157 district shall be set back a minimum of twenty (20) feet from the the district 158 boundary. When the proposed setbacks from the periphery of the district
are 159 less than the proposed height of the buildings, the application shall include an
DRAFT 8/24/11 explanation of how the project reasonably addresses 160 privacy, light, air, and safety 161 impacts upon adjoining properties. 162 3) Parking: Off-street parking shall
be provided in accordance with Article VIII of the 163 zoning ordinance. Projects that meet Section 53.6-13 Additional Requirements 1, 164 2, 3 and 5 may reduce the minimum parking requirements
by 10% within the 165 commercial component of the project. 166 3)4) Connected and Open Community: In order to promote projects that have high 167 levels of internal connectivity and
are well connected to the community at large, 168 gates may not be utilized on roads entering, exiting or within the development. 169 4)5) Signs: Signs shall comply with the standards
in Article IX of the zoning ordinance. 170 The developer shall be responsible for erecting and a property owners association 171 shall be responsible for maintaining street name signs
at all intersections within 172 the district. 173 5)6) Landscaping and buffering shall be in accordance with Article 67, except that 174 required buffers may be allowed within electric
utility easements greater than 30 175 feet with the permission of the appropriate utility company and provided a 176 memorandum of agreement is in place stating that the buffer will
be maintained 177 in perpetuity in accordance with the standards for size, opacity, and location. 178 6)7) Street Lights: Street lights shall be included at the rate of one fixture per
500 179 linear feet or less of roadway. 180 7)8) Conservation Resource Requirements shall be applicable. 181 8)9) Lighting (4/6/10): All site lighting shall be located so as not to shine
or reflect 182 directly onto any adjacent residential property. 183 9)10) Open Space(4/6/10): Open space shall be provided within all exceptional 184 design zoning districts and except
as provided in section (c) below shall equal a 185 minimum of 35% of the gross site area of the district. Open space is an area of 186 land set aside, dedicated, or reserved for public
or private use or enjoyment that 187 shall be functional for uses including but not limited to: an area of environmental 188 preservation and enhancement, park, internal courtyard, plaza,
playground, 189 playfield, atrium or greenway pedestrian and non-motorized vehicle easement. 190 Open space may be natural or recreational. 191 (a) Natural open spaces are intended to
protect the natural 192 environment, protect water quality, provide environmental 193 education and provide habitat for wildlife. Natural open spaces 194 include natural features such
as wetlands and conservation 195 overlay districts or otherwise undevelopable land. Natural open 196 spaces shall not exceed 10% of the open space requirement.
DRAFT 8/24/11 (b) Recreation open 197 spaces may be active or passive and are 198 intended to provide outdoor recreation opportunities or 199 provide locations where the public is
directly or indirectly 200 invited to gather, browse, sit, interact or congregate. A 201 maximum of 25% of the open space area may contain 202 amenitized recreational facilities including
swimming pools, golf 203 courses, tennis courts and basketball courts. Unimproved 204 passive recreation open spaces are encouraged. 205 (c) If the proposed open space is less than 35%,
or the types of 206 open space do not conform to (a) and (b), the application shall 207 include an explanation of how the project reasonably provides 208 for spaces that enhance a sense
of community and quality of life 209 for the future residents or patrons of the EDZD. All open space 210 shall remain undivided and be reserved and used in accordance 211 with Section
69.1. 212 213 53.6-8 Administrative Action for Approval of Final Plans 214 1) After an EDZD district has been established, no building permit shall be issued 215 therein, unless and
until the Technical Review Committee and the Planning Director 216 have approved final plans and reports for the development as a whole or stages or 217 portions as outlined upon approval.
The form and content of such final plans and 218 reports shall be as prescribed for the district, and in the rules of the county and 219 other affected agencies. The final plan shall
constitute the equivalent of preliminary 220 plat approval under the New Hanover County Subdivision ordinance. 221 2) Approval of final plans and reports shall be based on compliance
with zoning 222 regulations applying at the time the land was zoned to EDZD status, including such 223 specific conditions as were included by the Board of Commissioners in its rezoning
224 action. The Planning Director shall certify that the conditions imposed by the board 225 of commissioners have been met. 226 3) Upon approval of final plans and reports, building
permits shall be issued in the 227 same manner as for building permits generally, provided that any requirements 228 relating to the order and location in which building permits are
to be issued in the 229 particular EDZD district shall be observed. Except as provided in this article, final 230 plans and reports approval shall be binding on the applicants and any
successor in 231 title, so long as EDZD zoning is applied to the land. 232 233 53.6-9 Approval of Detailed Plans and Related Material is an Administrative Action 234 Approval of detailed
plans and related material is an administrative action. No public 235 notice or hearing is required in connection with approval proceedings of final plans or 236 changes in approved
plans, but the Technical Review Committee shall meet and approve 237 the technical merits of the final plan, and when the Planning Director or his designee
DRAFT 8/24/11 has certified that the plan approved by the Technical 238 Review Committee meets all the 239 requirements and conditions of the original approval, then signatures of
the Planning 240 Director and the Chairman of the Technical Review Committee shall be affixed to the 241 approved final plan. 242 243 244 53.6-10 Restrictions on Permitted Uses 245 The
principal uses in an Exceptional Design Zoning District shall be as set out and 246 approved in the original approving action, unless otherwise amended by the Board of 247 Commissioners.
After the concept plan has been approved, changes in any principal use 248 or accessory use shall constitute a change in the approved EDZD and shall require 249 approval by the board
of commissioners. 250 251 53.6-11 Effect of Approval 252 Any area designated as an Exceptional Design District shall thereafter be developed 253 using only the exceptional design standards
and proposed conditions under which the 254 EDZD is approved. Any reduction in the prerequisite prerequisite standards after approval shall be 255 considered a violation of the terms
and conditions of approval. In accordance with 256 NCGS153A-344.1(c) and (d) , approval of the master plan shall establish a vested right. 257 After 24 months from the date of original
approval, if no construction activity has been 258 permitted, the approval of the original concept plan and any approved final plan shall 259 expire and new approvals based on standards
existing for EDZD districts at that time 260 shall be required. Extensions of vested rights beyond the first 24 months may be 261 approved by the Technical Review Committee based on
relevant circumstances, 262 including but not limited to the size and phasing of development, the level of 263 investment, the need for the development, economic cycles, and market conditions,
but 264 the total vesting period may not exceed 5 years. 265 266 53.6-12: Modifications 267 Site specific development plans may be modified upon review and approval of the 268 Planning
Director. Minor changes may be approved in the same manner as set forth in 269 Sec. 71-1(9). Major modifications, including additional density bonuses may be 270 approved by the Planning
Director or his designee and the TRC when the prerequisite 271 standards are maintained and sufficient additional points accrue to support the request. 272 However, modifications that
conflict with small area neighborhood or corridor plans 273 shall not be approved in this manner. Projects that remove components for which 274 density or intensity bonuses have been
awarded must modify the plan accordingly and 275 submit for approval. 276 277 53.6-13 Exceptional Design District Standards Converted to Points 278 The following table includes the criteria
that shall enable a project to be classified as and 279 Exceptional Design District and allow for the density bonuses herein provided. The first 280 six (6) seven(7) criteria are required
for any project to initially qualify for Exceptional 281 Design review. In addition to the first six criteria, an additional twelve (12) points are
DRAFT 8/24/11 required from the remaining ten (10) additional criteria. 282 Planning Director will 283 determine whether criteria are properly met. 284 CORE REQUIREMENTS 1. Smart
Location Option 1: Locate project on an infill site. Option 2: Locate project on an adjacent site with pre-project connectivity. Option 3: Locate project near existing or planned adequate
transit service. Option 4: Locate project near existing neighborhood shops, services, and facilities. Option 5: If the project site is 100 acres or greater and does not meet any of the
above four options, create a mixed use neighborhood center. The mixed use neighborhood center must include at least one use from each of the three areas within the Diversity of Uses
List and be located and sized to reasonably service the entire planned community. One of the uses within the mixed use neighborhood center must be a grocery store. REQUIRED 2. Mixed-Use
Neighborhood Centers Include a residential component in the project that constitutes at least 25% of building square footage and design or locate
the project such that at least 50% of the dwelling units are within ¼ mile walk distance of at least four (4) of the diverse uses in the Diversity of Uses List in Section 53.6 of this
Ordinance. At least one use from two of the three diverse use categories within the diversity of uses list is required. REQUIRED 2.3. Proximity to Water and Wastewater Infrastructure
Option 1: Locate project on a site served by existing water and wastewater infrastructure. Replacement of or other on-location improvements to existing infrastructure are considered
existing for the purpose of achieving this option. Option 2: Locate project within an area scheduled for water and sewer expansion where verifiable expansion plans can be provided and
allocation of capacity can be confirmed with the Cape Fear Public Utility Authority. REQUIRED 3.4. Significant Species and Ecological Communities Option 1: After consultation with the
NC Natural Heritage Heritage Program map as found on the New Hanover County online mapping services, no species present or likely to be present that are listed under the federal Endangered
Species Act, NC endangered species list or listed in the NC Natural Heritage Program as either Nationally, State or Regionally Significant. Option 2: If initial consultation with the
NC Natural Heritage Program map is REQUIRED
DRAFT 8/24/11 inconclusive, then a qualified biological scientist performs biological surveys to determine the presence of endangered or significant species or the applicant consults
with the NC Natural Heritage Program in Raleigh to receive a State determination. Option 3: If endangered or significant species are found, comply with an approved Habitat Conservation
Plan (HCP) under the Endangered Species Act for each species or receive an approved mitigation plan from the NC Natural Heritage Program. Option 4: If endangered or significant species
are found and no approved HCP exists, work with an appropriate authority to create and develop one or develop an approved mitigation plan with the NC Natural Heritage Program. 4.5. Wetland
and Water Body Conservation and Preservation To prevent bacterial contamination of surface water, install pet waste stations within required open spaces and implement a maintenance schedule
for the pet waste stations -and-Option 1: Locate project on a site that includes no jurisdictional wetlands, water bodies (including but not limited to intermittent and perennial streams)
or land within 100 feet of these areas. Option 2: Locate project such that pre-project jurisdictional wetlands, water bodies (including but not limited to intermittent and perennial
streams), and land within 100 feet of such areas shall not experience significant destruction or lasting detrimental effects to water quality or other protected natural resources as
a result of new development. Significant destruction shall include the construction, excavation, deposition, of materials in, over or on such land or any work that would affect the course,
location, condition, or capacity of the receiving water body. Create a long-term management plan for on-site water bodies and wetlands and their buffers, and create a guaranteed funding
source for management. REQUIRED 5.6. Floodplain Avoidance Option 1: Locate on a site that does not contain any land within a 100-year floodplain. Option 2: Locate the project on an infill
site or a previously developed site and comply with the NFIP requirements for developing portions of the site that lie within the floodplain. Option 3: Develop only on portions of the
site that are not in a floodplain or on portions that have been previously developed. REQUIRED
DRAFT 8/24/11 6.7. Stormwater Management Implement a comprehensive stormwater management plan for the project that infiltrates and reuses stormwater runoff. Stormwater shall be managed
following the principles prescribed in the New Hanover County-City of Wilmington Joint Low Impact Development Manual and will enable a project to use the LID-EZ Spreadsheet Tool. A determination
that a project qualifies as a Low Impact Development shall be made by the Technical Review Committee (TRC). REQUIRED ADDITIONAL REQUIREMENTS (MINIMUM OF 12 POINTS FROM THE CRITERIA LISTED
BELOW IN ADDITION TO THE CORE REQUIREMENTS) 1. Bicycle and Pedestrian Access Provide an internal bicycle and pedestrian network that iIncludes a pedestrian or bicycle through-connection
in at least 90% of any new cul-de-sacs, except where prohibited by topographical conditions. -and-Provide bicycle parking and storage for developments that contain multifamily, retail
and commercial development. -and-Design and/or locate the project to meet at least one of the following two options*: Option 1: A planned bicycle network of at least 5 continuous miles
in length is within ¼ mile bicycling distance of the project boundary. For planned bicycle networks, the network must be listed in a plan adopted by the Board of Commissioners. (2 points)
Option 2: An existing bicycle network of at least 5 continuous miles in length is within ¼ mile bicycling distance of the project boundary and connects to either a school, employment
center or commercial center that contains at least seven (7) of the uses in the Diversity of Uses List. (4 points) (*Points will be awarded based on which option is selected, however
points will not be awarded for both options.) 2 2 or 4 points 2. Housing and Jobs/Commercial Opportunity Proximity Option 1:
total building square footage, and locate and/or design the project such that the geographic center is within a ½
mile walk distance of pre-project full-time equivalent jobs equal to or greater than the number of dwelling units in the project Option 2: Include a non-residential component equaling
at least 30% of the building square footage 2 points 3. Diversity of Uses Include a residential component in the project that constitutes at least 25%
of the 2-4
points
DRAFT 8/24/11 least 50% of the dwelling units are within ½ mile walk distance of the number of diverse uses in the approved diversity of uses table. At least one use from two of the
three diversity of uses list is required. 4. Conservation Management of Habitat or Wetlands Create a long-term management plan for new or existing on-site native habitats, and/or water
bodies and wetlands and their buffers, and create a guaranteed funding source for management. 2 points 5.3. Transit Facilities Locate development within ¼ mile of an existing or planned
transit route. The transit agency must certify that it has an approved budget that includes specifically allocated funds sufficient to provide the planned service and that service will
commence no later than occupancy of 50% of the projecting square footage. -and-Provide or identify covered and at least partially enclosed shelters, adequate
to buffer wind and rain, with at least one bench, at each transit stop. -and-Provide kiosks, bulletin boards, and/or signs devoted to providing local public transit information as part
of the project, including basic schedule and route information at each public transit stop within or bordering the project. 4 points 6.4. Certified Green Building Design, construct,
or retrofit one whole residential or non-residential building to be certified through: LEED, NAHB Green Building Standards, North Carolina Healthy Built Homes or Green Globes. 2 points
7.5. Minimum Building Energy Efficiency For non-residential building, mixed use buildings, and multifamily residential buildings four stories or greater, new buildings must be on average
10% better than ANSI/ASHRAE/IESNA Standard 90.1-2007. For new multifamily residential buildings three stories or fewer and new single-family residential buildings: 90% of new buildings
must meet Energy Star criteria. 24 points 6. On-Site Renewable Energy Sources Incorporate on-site nonpolluting renewable energy generation, such as solar and geothermal energy �
� electrical and thermal energy cost (exclusive of existing buildings), as established
through an accepted building energy performance simulation tool. 2 points 8.7. Water Efficient Landscaping Reduce potable water consumption for outdoor landscape irrigation by limiting
turf to 25% or less, incorporating rainwater catchment system(s) such as rain barrels or cisterns into the project, installing drip irrigation and utilizing stormwater for landscape
irrigation. 2 points 8. Native Landscapes Complete a comprehensive inventory of existing trees and vegetation on site and 2 points
DRAFT 8/24/11 identify vegetation that is native, nonnative or invasive. Create a landscape plan that preserves and enhances native landscapes and eradicates or prevents the spread
of nonnative and invasive species. All noninvasive significant trees in good or excellent condition shall be maintained as part of this plan. 9. Building Orientation Design the project
so that a minimum of 75 percent of the building sites are constructed with the longer dimension of the structure facing 0-30 degrees of south. 2 points 10. Affordable Housing Include
a minimum of 15% of the dwelling units as rental and/or for-sale dwelling units priced for households earning below area median income (AMI). Rental units must be maintained at affordable
levels for a minimum of 15 years. 42 points *No partial points will be awarded. Points will not 285 be awarded on a sliding scale. 286 287 BONUS AWARDS: 288
289 criteria above. When the project proposed
has established the minimum criteria, any additional 290 points derived from within the elective categories above may be applied toward density or floor 291 area ratio bonuses. Points
may not be double counted and no partial points will be awarded. 292 Density bonus shall be awarded at a rate of one (1) additional dwelling unit per acre for each 293 additional point
accrued over the minimum exceptional criteria or one tenth (1/10) additional 294 FAR for each two additional points. 295 296
DRAFT 8/24/11 297 Diversity of Uses List 298 Use One: Retail 299 Convenience Store 300 Florist 301 Hardware Store 302 Pharmacy 303 SupermarketGrocery Store 304 Miscellaneous retail
305 Use Two: Services 306 Bank 307 Coffee Shop 308 Hair care 309 Health club 310 Laundry/dry cleaner 311 Medical/dental office 312 Restaurant 313 Offices for private business and professional
activities 314 Use Three: Civic/Community Facilities 315 Child care (licensed) 316 Civic/community center 317 Place of worship in a building 318 Police/fire station 319 Post office 320
Public library 321 Public park 322 School 323 Senior care 324 Social services facility 325 326 Diversity of Uses Table Number of Uses Points Earned 2 2 3-5 3 6 or more 4 327 328
DRAFT 8/24/11 Associated Technical Standards for Section 53.6 of the 329 New Hanover County Zoning 330 Ordinance, 331 Exceptional Design Zoning District 332 333 Definitions 334 335
Infill Site is defined as a site where at least 75% of the perimeter of the property borders 336 parcels that have been previously developed. 337 338 Previously Developed is defined
as a site having pre-existing impervious coverage that would 339 typically have required regulatory permitting to have been initiated. 340 341 Requirement 1: Smart Location 342 Pre-project
connectivity may be met when the proposed project is located so that 25% of the 343 project boundary is adjacent to a previously developed property and connectivity of the site 344 and
adjacent land is at least ninety (90) intersections/square mile as measured within a ½-mile 345 distance of a continuous segment of the project boundary. Locate and/or design the project
346 such that a through street and/or nonmotorized right-of-way intersects the project boundary boundary at 347 least every 800 feet, connecting with an existing street and/or right-of-way
outside the project. 348 (4/6/10) 349 350 Existing or planned adequate transit service: At least 50% of dwelling units and business 351 entrances within the project must be located within
½ mile walk distance of existing or planned 352 bus transit stops. For planned transit stops, the transit agency must certify that it has an 353 approved budget that includes specifically
allocated funds for the transit stop and that the stop 354 will be constructed no later than occupancy of 50% of the project 355 footage.
356 357 Location of project near existing neighborhood shops, services, and facilities: The project 358 boundary must be within ¼ mile walk distance of at least five (5) or within ½
mile walk distance 359 of at least seven (7), of the diverse uses in the Diversity of Uses List in Section 53.6 of the 360 Ordinance. Uses must include at least one use from each of
the three diverse use categories 361 with the following limitations: a) uses may not be counted in two categories, e.g. a school or 362 place of worship may be counted only once even
if it also contains a daycare facility; b) a mixed 363 use building containing several uses as distinctly operated enterprises with separate exterior 364 entrances may count each as
a separate use, but no more than half of the minimum number of 365 diverse uses can be situated in a single building or under a common roof; c) a single retail store 366 of any type
may only be counted once even if it sells products associated with multiple use 367 types. 368 369 Requirement 34: Significant Species and Ecological Communities 370 The Natural Area
Inventory for New Hanover County shall be found on the New Hanover 371
DRAFT 8/24/11 quality natural areas and natural communities in New Hanover County. 372 Only Significant species 373 are determined to be regulated under this requirement. 374 375
Requirement 5: Conservation Management of Habitat or Wetlands 376 Long-term management plan This plan must manage the identified resource for at least ten 377 (10) years and include
biological objectives consistent with habitat and/or water resource 378 conservation. The plan should identify the following: a) procedures for maintaining the 379 conservation
areas and personnel to carry out those procedures, and b) estimated 380 implementation costs and funding sources. 381 382 Requirement 76: Stormwater Management 383 The New Hanover County-City
of Wilmington Joint Low Impact Development Manual shall be 384 downloaded from the New Hanover County Planning website. In order to meet this 385 requirement, a determination that the
project is in fact a Low Impact Development project, 386
387 project are encouraged to meet with County Planning and Engineering staff prior to submittal 388 �
� 389 390 Additional Requirement 1: Bicycle and Pedestrian Access 391 Bicycle Network: A continuous network consisting of any combination of physically designated 392 in-street
bicycle lanes at least four (4) feet wide, off-street bicycle paths or trails at least eight 393 (8) feet wide for a two-way path and at least five (5) feet wide for a one-way path,
and/or 394 streets with low traffic volumes designed to carry neighborhood traffic (bicycle through395 streets). 396 397 Bicycle Storage for Multifamily Residential: In order to meet
this requirement, the project 398 must provide secure bicycle racks on-site with at least one bicycle space per ten (10) dwelling 399 units and no fewer than four (4) spaces per project
site. 400 401 Bicycle Storage for Retail: The project must provide secure visitor, customer and/or employee 402 bicycle racks on site, with at least one bicycle space per 5,000 square
feet of retail space, but no 403 fewer than one bicycle space per business or four bicycle spaces per project site, whichever is 404 greater. 405 406 Bicycle Storage for Commercial Non-Retail:
The project must provide secure employee and/or 407 visitor bicycle racks on-site with at least one bicycle space per 10,000 square feet of commercial 408 non-retail space but not fewer
than four bicycle spaces per building. 409 410 Additional Requirement 4: Conservation Management of Habitat or Wetlands 411 Long-term management plan This plan must be at least ten
(10) years and include biological 412 objectives consistent with habitat and/or water resource conservation. The plan should 413 identify the following: a) procedures for maintaining
the conservation areas and personnel to 414 carry out those procedures, and b) estimated implementation costs and funding sources. 415
DRAFT 8/24/11 Additional Requirement 6 4: Certified 416 Green Building 417 �
� 418 program (i.e.: NAHB Green Building Certification must be conducted through the local NAHB 419 certification
program). 420 421 Additional Requirement 7 5: Minimum Building Energy Efficiency 422 For non-residential or mixed-use buildings, projects may document their building energy 423 efficiency
by producing a LEED for New Construction energy model demonstrated by a whole 424 building project simulation using the Building Performance Rating Method in Appendix G of 425 ANSI/ASHRAE/IESNA
Standard 90.1-2007. 426 427 For multifamily residential buildings, projects may demonstrate compliance with Energy Star 428 criteria either through the prescriptive requirements of a
Builder Option Package, Home Energy 429 Rating System (HERS) index, or a combination of the two. Energy Star certification is to be conducted by a 3rd 430 party verification process.
431 432 Additional Requirement 9: 10 Affordable Housing 433 For rental units, affordability must be priced for households earning 8060% of the area median 434 income (AMI). Rental limits
are calculated annually based on the HUD Standard Income and 435 Rent Limits table. For sale units, affordability will be based on sale price limits established by 436 the North Carolina
Housing Finance Agency First-Time Home Buyer Mortgage and 437 Downpayment Assistance Program.(4/6/10) 438 439 440 441 442 Staff Recommendation: 443 444 Recommend approval of A-392 to
amend Section 53.6 Exceptional Design Zoning District (EDZD) 445 of the New Hanover County Zoning Ordinance.