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AUGUST MEETING AGENDA PACKET NEW HANOVER COUNTY PLANNING BOARD AGENDA Assembly Room, New Hanover County Historic Courthouse 24 North Third Street, Room 301 Wilmington, NC 28401 Members of the Board Donna Girardot, Chair | Paul Boney, Vice-Chair Thomas 'Jordy' Rawl | Ernest Olds | Jeffrey B. Petroff | H. Allen Pope | Colin J. Tarrant Wayne Clark, Director of Planning & Land Use | Ken Vafier, Planning Manager AUGUST 6, 2020 6:00 PM Mee5ng Called to Order by Chair, Donna Girardot Pledge of Allegiance by Planning Manager, Ken Vafier Approval of Minutes (July 2020) REGULAR ITEMS OF BUSINESS The Planning Board may consider substanal changes in these peons as a result of objecons, debate, and discussion at the meeng, including rezoning to other classificaons. 1 Public Hearing Rezoning Request (Z20-12) - Request by Ward and Smith, P.A. on behalf of the property owner, Ridgewood Gardens Health Investors, LLC, to rezone approximately 29.96 acres of land located at 8704 “Old” Market Street/Futch Creek Road from B-1, Neighborhood Business District, and R- 15, Residen5al District, to UMXZ, Urban Mixed Use Zoning District, in order to develop a mixed- use senior living project. 2 Public Hearing - (APPLICANT TO REQUEST CONTINUANCE) Rezoning Request (Z20-12) - Request by Design Solu5ons on behalf of the property owner, Desirable Proper5es, LLC, to rezone approximately 31.31 acres of land located at the northwest corner of Sidbury Road and Dairy Farm Road from R-15, Residen5al District, to (CZD) RMF-L, Condi5onal Residen5al Mul5-Family Low Density, in order to develop a mul5-family project consis5ng of 288 units. 3 Public Hearing Rezoning Request (Z20-14) – Request by Design Solu5ons on behalf of the property owner, Ripwood Company, Inc., to rezone approximately 3.6 acres of land located in the 600 block of Spring Branch Road from R-15, Residen5al District, to (CZD) R-5, Condi5onal Moderate-High Density District, in order to develop 22 single-family units. 4 Quasi-Judicial Hearing Special Use Permit Request (S20-03) – Request by Anna Bessellieu McCauley on behalf of the property owner, Frances Boney Bessellieu Revocable Trust, for a Special Use Permit to operate an outdoor recrea5on establishment (wedding venue) within the R-15, Residen5al District, located at 175 Whipporwill Lane. 5 Public Hearing Text Amendment Request (TA20-01) - Request by New Hanover County to amend Ar5cles 1, 2, 3, 4, 5, and 10 of the Unified Development Ordinance to simplify the method of measuring the height of structures; increase height maximums for buildings in the RMF-MH, RMF-H, O&I, and I-1 districts; revise the Planned Development district; clarify ligh5ng standards; establish new Planning Board - August 6, 2020 design standards for self-storage facili5es in high-visibility areas; update telecommunica5on facility standards; correct minor errors made when reorganizing code documents; and clarify exis5ng permissions. Planning Board - August 6, 2020 NEW HANOVER COUNTY PLANNING BOARD REQUEST FOR BOARD ACTION MEETING DATE: 8/6/2020 Regular DEPARTMENT: Planning PRESENTER(S): Brad Schuler, Senior Planner CONTACT(S): Brad Schuler; Wayne Clark, Planning & Land Use Director SUBJECT: Public Hearing Rezoning Request (Z20-12) - Request by Ward and Smith, P.A. on behalf of the property owner, Ridgewood Gardens Health Investors, LLC, to rezone approximately 29.96 acres of land located at 8704 “Old” Market Street/Futch Creek Road from B-1, Neighborhood Business District, and R-15, ResidenEal District, to UMXZ, Urban Mixed Use Zoning District, in order to develop a mixed-use senior living project. BRIEF SUMMARY: The applicant is seeking to rezone approximately 30 acres of land located at 8704 "Old" Market Street/Futch Creek Road from B-1 and R-15 to UMXZ in order to develop a mixed-use senior living project. The proposed development includes a total of 342 units at an overall density of 11.4 du/ac. The units will be divided among independent living (186 units within a four-story mul;-family building, 52 units within one-story co<ages), assisted living (100 units) and within a mixed use building (4 units). The subject site is currently split zoned. Approximately 16 acres on the eastern side of the site is zoned R-15. The remaining 13.9 acres along “Old” Market Street is zoned B-1. Currently, the 16 acres zoned R-15 would be permi<ed up to 40 dwelling units under the County’s performance standards at a maximum density of 2.5 du/ac. The exis;ng B-1 zoning is generally es;mated to support about 150,000 square feet of tradi;onal commercial uses (office, retail, and restaurant related uses) based on typical 25% building area for this type of zoning. The applicant also provided a poten;al es;mate of commercial uses that are permi<ed by-right in the B-1 district and could be developed on the site. Those uses include a shopping center, fast food restaurant, and office building totaling 71,000 sf feet, which is a more conserva;ve market es;mate of development poten;al for the property. As currently zoned u;lizing the moderate scale and diversity of possible uses provided by the applicant, it is es;mated the site would generate over 250 trips during the AM peak and over 200 trips in the PM peak. The proposed UMXZ development is es;mated to decrease the projected trips by approximately 130-230 in the peak hours and generate about 50 trips in the AM peak and 90 trips in the PM peak. The recently approved nearby development, The Oaks at Murray Farm, completed a Traffic Impact Analysis (TIA) which studied intersec;ons within the general area. That analysis found that the intersec;on of “Old” Market Street/Futch Creek Road at Hwy 17 will operate at Level of Service (LOS) C when The Oaks at Murray Farm project is expected to be completed in 2023. In addi;on, The Oaks at Murray Farm project will install a second right turn lane at the intersec;on on “Old” Market Street/Futch Creek Road. The TIA also found that the nearby u-turn lane on Hwy 17 to the north will also operate at LOS C (AM) and B (PM) when The Oaks at Murray Farm project is completed in 2023. Planning Board - August 6, 2020 ITEM: 1 This analysis generally indicates capacity is available at these intersec;ons and the proposed mixed-use senior living project is expected to result in a decrease in traffic compared to by-right uses under the exis;ng zoning. The Porters Neck community contains similar developments (The Davis Community and Planta;on Village) that are considered compa;ble with nearby residen;al communi;es. This site is located next to a major road corridor, "Old" Market Street/Hwy 17. The proposed development reduces the size and variety of commercial uses that are currently permi<ed on the site. The master plan also posi;ons the one-story co<ages in the area around exis;ng single-family developments to enhance compa;bility. The 2016 Comprehensive Plan classifies the site as a transi;onal area between the Community Mixed Use and General Residen;al place types. Because of the general nature of place type borders, sites located in proximity to the boundaries between place types could be appropriately developed with either classifica;on. The proposed UMXZ rezoning is generally CONSISTENT with the Comprehensive Plan because it allows for the types of support services and residen;al uses recommended. In addi;on, it provides an orderly transi;on between a major road corridor and lower density housing. STRATEGIC PLAN ALIGNMENT: RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends approval of the applica;on and suggests the following mo;on: I move to APPROVE the proposed rezoning to a UMXZ district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it allows for the types of support services and residen;al uses recommended in the plan. In addi;on, it provides an orderly transi;on from a major road corridor to lower density housing. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the proposal would benefit the community by providing diverse housing op;ons and is expected to reduce the amount of traffic that could be generated under the exis;ng zoning. [Oponal] Note any condi;ons to be added to the district. Example MoEon for Denial I move to DENY the proposed rezoning to a UMXZ district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it allows for the types of support services and residen;al uses recommended in the plan, I find DENIAL of the rezoning request is reasonable and in the public interest because the proposal is not consistent with the desired character of the surrounding community and the density will adversely impact the adjacent neighborhoods. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Planning Board - August 6, 2020 ITEM: 1 SCRIPT for Zoning Map Amendment Application (Z20-12) Request by Ward and Smith, P.A. on behalf of the property owner, Ridgewood Gardens Health Investors, LLC, to rezone approximately 29.96 acres of land located at 8704 “Old” Market Street/Futch Creek Road from B-1, Neighborhood Business District, and R-15, Residential District, to UMXZ, Urban Mixed Use Zoning District, in order to develop a mixed-use senior living project. 1. This is a public hearing. We will hear a presentation from staff. Then the applicant and any opponents will each be allowed 15 minutes for their presentation and additional 5 minutes for rebuttal. 2. Conduct Hearing, as follows: a. Staff presentation b. Applicant’s presentation (up to 15 minutes) c. Opponent’s presentation (up to 15 minutes) d. Applicant’s rebuttal (up to 5 minutes) e. Opponent’s rebuttal (up to 5 minutes) 3. Close the public hearing 4. Board discussion 5. Vote on the application. The motion should include a statement saying how the change is, or is not, consistent with the land use plan and why approval or denial of the rezoning request is reasonable and in the public interest. Example Motion for Approval I move to APPROVE the proposed rezoning to a UMXZ district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it allows for the types of support services and residential uses recommended in the plan. In addition, it provides an orderly transition from a major road corridor to lower density housing. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the proposal would benefit the community by providing diverse housing options and is expected to reduce the amount of traffic that could be generated under the existing zoning. [Optional] Note any conditions to be added to the district. Planning Board - August 6, 2020 ITEM: 1 - 1 - 1 Alternative Motion for Denial I move to DENY the proposed rezoning to a UMXZ district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it allows for the types of support services and residential uses recommended in the plan, I find DENIAL of the rezoning request is reasonable and in the public interest because the proposal is not consistent with the desired character of the surrounding community and the density will adversely impact the adjacent neighborhoods. Alternative Motion for Approval/Denial: I move to [Approve/Deny] the proposed rezoning to a UMXZ district. I find it to be [Consistent/Inconsistent] with the purposes and intent of the Comprehensive Plan because [insert reasons] __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ I also find [Approval/Denial] of the rezoning request is reasonable and in the public interest because [insert reasons] __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ Planning Board - August 6, 2020 ITEM: 1 - 1 - 2 Z20-12 Staff Report PB 8.6.2020 Page 1 of 14 STAFF REPORT FOR Z20-12 ZONING MAP AMENDMENT APPLICATION APPLICATION SUMMARY Case Number: Z20-12 Request: Rezoning to an Urban Mixed Use Zoning District Applicant: Property Owner(s): Samuel B. Franck – Ward and Smith, P.A. Ridgewood Gardens Health Investors, LLC Location: Acreage: 8704 “Old” Market Street/Futch Creek Road 29.96 PID(s): Comp Plan Place Type: R02900-003-513-000 Community Mixed Use/General Residential Existing Land Use: Proposed Land Use: Undeveloped Mixed Use Development Current Zoning: Proposed Zoning: B-1 and R-15 UMXZ SURROUNDING AREA LAND USE ZONING North Retail, Townhomes, Single-Family Residential B-1, R-7, R-15 East Single-Family Residential R-15 South Undeveloped, Single-Family Residential B-2, R-15 West Hwy 17/Market Street Interchange N/A Planning Board - August 6, 2020 ITEM: 1 - 2 - 1 Z20-12 Staff Report PB 8.6.2020 Page 2 of 14 ZONING HISTORY July 6, 1971 Initially zoned R-15 (Area 5) August 1, 2005 Board of Commissioners voted to rezone a portion of the site to B-1, effective upon the opening of I-140 (Z-799) COMMUNITY SERVICES Water/Sewer Water and sewer will be provided by CFPUA. Specific design will be determined during site plan review. Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire District, New Hanover County Station Porters Neck Schools Porters Neck Elementary, Holly Shelter Middle, and Laney High schools (No impacts expected due to age-restriction for senior housing) Recreation Ogden Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation The County’s Conservation Resources Map indicates that pocosin wetlands may be present on the site. Previous evaluation of the site from the mid- 2000s delineated approximately 2.2 acres of wetlands on the site. Verification of regulated wetlands will be required during the site plan review process. Conservation space is required for pocosin or swamp forest wetlands when at least five acres of the resource exists on the property. Historic No known historic resources Archaeological No known archaeological resources Planning Board - August 6, 2020 ITEM: 1 - 2 - 2 Z20-12 Staff Report PB 8.6.2020 Page 3 of 14 APPLICANT’S PROPOSED CONCEPTUAL PLAN Includes Staff Markups  The UMXZ district is considered to be a type of conditional zoning district and includes a conceptual site plan illustrating the location and intensity of all major land uses. Conceptual site plans for UMXZ districts are intended to be in a bubble format that illustrate the general location and intensity of the land uses within the development, similar to what is used for Planned Development zoning proposals.  In addition to requiring a mix of residential and nonresidential uses, the UMXZ district requires specific layout and design standards which will be verified by the Technical Review Committee (TRC) during the site plan review process. These standards include providing pedestrian access and connectivity, incorporating architectural design elements, and locating the parking to the rear and side of the buildings.  The proposed mixed-use development includes a total of 342 units at an overall density of 11.4 du/ac. The proposal will consist of: o Independent Retirement Community  Maximum of 238 units. 186 units will be within a 280,000 square foot four- story multi-family building with a maximum height of 45 feet (however, the building height will be limited to 30 feet within 150 feet of the northern property line). 52 units will be within 16 one-story cottages. The cottages will have a maximum of 4 units within each structure. o Assisted Living Facility  Maximum of 100 units (110 beds) within a 90,000 square foot three-story assisted living facility with a maximum height of 45 feet. o Mixed-Use Building  4,000 square feet of office/personal services space on first floor and 4 residential units totaling 8,000 square feet on the 2nd and 3rd floors with a maximum height of 45 feet. Planning Board - August 6, 2020 ITEM: 1 - 2 - 3 Z20-12 Staff Report PB 8.6.2020 Page 4 of 14 ZONING CONSIDERATIONS  The subject site is currently split zoned. Approximately 16 acres on the eastern side of the site is zoned R-15. The remaining 13.9 acres along “Old” Market Street is zoned B-1.  Currently, the 16 acres zoned R-15 would be permitted up to 40 dwelling units under the County’s performance standards at a maximum density of 2.5 du/ac.  The existing B-1 zoning is generally estimated to support about 150,000 square feet of traditional commercial uses (office, retail, and restaurant related uses) based on typical 25% building area for this type of zoning. The applicant also provided a potential estimate of commercial uses that are permitted by-right in the B-1 district and could be developed on the site. Those uses include a shopping center, fast food restaurant, and office building totaling 71,000 sf feet, which is a more conservative market estimate of development potential for the property.  The proposed plan clusters the majority of the dwelling units and all of the multi-storied buildings closer to “Old” Market Street where there is existing commercial zoning, a commercial business (Scott’s Hill Hardware), and where townhomes are located north of the site (Villages at Plantation Landing). The one-story cottages and stormwater facilities are located in the south and east of the site closer to existing single-family housing (Plantation Landing and Grayson Park).  A minimum 35-foot setback and 20-foot buffer is required along the existing single-family development. Many of the proposed cottages will exceed this requirement as a result of the location of the stormwater facilities. AREA SUBDIVISIONS UNDER DEVELOPMENT Planning Board - August 6, 2020 ITEM: 1 - 2 - 4 Z20-12 Staff Report PB 8.6.2020 Page 5 of 14 TRANSPORTATION  The site is accessed by “Old” Market Street/Futch Creek Road, a NCDOT maintained collector road. Primary Routes to Arterial Streets Planning Board - August 6, 2020 ITEM: 1 - 2 - 5 Z20-12 Staff Report PB 8.6.2020 Page 6 of 14  As currently zoned utilizing the list of possible uses provided by the applicant, it is estimated the site would generate over 250 trips during the AM peak and over 200 trips in the PM peak. The proposed UMXZ development is estimated to decrease the projected trips by approximately 130-230 in the peak hours. Intensity Approx. Peak Hour Trips Existing Development:  Undeveloped 0 AM / 0 PM Possible Development under Current Zoning  150,000 sf shopping center 227 AM / 484 PM Applicant’s Estimated Development under Current Zoning:  20,000 sf shopping center related uses  11,000 sf fast food restaurant  40,000 sf office  31 low rise multi-family housing (ex. Townhomes, condos) 285 AM / 225 PM Proposed UMXZ Development:  56-unit Senior Attached Housing  186-unit Congregate Care Facility  100-unit Assisted Living Facility (110 beds)  4,000sf office/salon 52 AM / 90 PM Net Change from Applicant’s Estimated Development: -233 AM / -135 PM  The recently approved nearby development, The Oaks at Murray Farm, completed a Traffic Impact Analysis (TIA) which studied intersections within the general area. o That analysis found that the intersection of “Old” Market Street/Futch Creek Road at Hwy 17 will operate at a Level of Service (LOS) C when The Oaks at Murray Farm project is expected to be completed in 2023. In addition, The Oaks at Murray Farm project will install a second right turn lane at the intersection on “Old” Market Street/Futch Creek Road. o The TIA also found that the nearby u-turn lane on Hwy 17 to the north will also operate at a LOS C (AM) and B (PM) when The Oaks at Murray Farm project is completed in 2023. o This analysis generally indicates capacity is available at these intersections and the proposed use is projected to result in a decrease in traffic compared to by-right uses under the existing zoning. Planning Board - August 6, 2020 ITEM: 1 - 2 - 6 Z20-12 Staff Report PB 8.6.2020 Page 7 of 14 Nearby Planned Transportation Improvements and Traffic Impact Analyses  STIP Project U-4751 (Military Cutoff Extension) o Project to extend Military Cutoff from Market Street to I-140. o The project is currently under construction and is expected to be completed by early 2023. o The project will also install a sidewalk and multi-use path along the extension of Military Cutoff and the sections of Market Street included in the project.  STIP Project U-4902D (Market Street Median) o Project to install a center median and pedestrian accessways along Market Street from Middle Sound Loop Road to Marsh Oaks Drive. The pedestrian accessways will consist of a 10-foot multi-use path on the eastern side of the street, and a 5- foot sidewalk on the western side of the street. o The project is currently under construction and is expected to be completed by early 2023. Planning Board - August 6, 2020 ITEM: 1 - 2 - 7 Z20-12 Staff Report PB 8.6.2020 Page 8 of 14 Nearby Traffic Impact Analyses: Traffic Impact Analyses are completed in accordance with the WMPO and NCDOT standards. Approved analyses must be re-examined by NCDOT if the proposed development is not completed by the build out date established within the TIA. Proposed Development Land Use/Intensity* TIA Status 1. The Oaks at Murray Farm  204 Apartments  34 Duplex Units  62 Single-Family Dwellings  Approved August 5, 2019  Phase 1 & 2: 2020 Build Out Year  Full Build 2022 The TIA required improvements be completed at certain intersections in the area. The notable improvements consisted of:  Installation of a second westbound right-turn lane on “Old” Market Street at Hwy 17  Revising signal plan to modify phase at the Hwy 17 and “Old” Market Street intersection. Nearby Proposed Developments included within the TIA:  Waterstone Development Status: No construction has occurred at this time. *The TIA analyzed 406 dwelling units on the subject site. Shown are the 300 units approved by the Board of Commissioners. Proposed Development Land Use/Intensity TIA Status 2. Scotts Hill Medical Park  132,000 sf Office  18,000 sf Medical Office  32,000 sf Shopping Center  9,000 sf Pharmacy with Drive-Through  Approved August 5, 2019  Phase 1 & 2: 2020 Build Out Year  Full Build 2022 The TIA required improvements be completed at certain intersections in the area. The notable improvements consisted of:  Installation of a northbound U-turn lane on US 17 south of Scott Hill Loop Road.  Installation of a southbound left turn lane on US 17 at Scoots Hill Medical Drive.  Installation of a northbound right turn lane, removal of the barrier from the southbound left turn lane, and signalization of the intersection on US 17 at the site’s southern access point. Nearby Proposed Developments included within the TIA:  Scotts Hill Village  Coastal Prep Academy Development Status: Phase 1 of the medical park has been platted consisting of 3 lots. Currently, one office building has been constructed. No roadway improvements have been completed at this time. Planning Board - August 6, 2020 ITEM: 1 - 2 - 8 Z20-12 Staff Report PB 8.6.2020 Page 9 of 14 Proposed Development Land Use/Intensity TIA Status 3. Waterstone  151 Single-Family Dwellings  Approved June 18, 2015  2020 Build Out Year The TIA required improvements be completed at certain intersections in the area. The notable improvements consisted of:  Installation of a southbound right turn lane on Edgewater Club Road at the site’s northern access. Nearby Proposed Developments included within the TIA:  Porters Neck Elementary Development Status: 98 lots have been platted at this time. The right turn lane has been installed. ENVIRONMENTAL  The property is not within a Natural Heritage Area or Special Flood Hazard Area.  The property is within the Futch Creek (SA;HQW) watershed.  Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class I (suitable/slight limitation), Class II (moderate limitation), and Class III (Severe limitation) soils, however, the project will connect to CFPUA sewer services. CONTEXT AND COMPATIBILITY  The western boundary of the project is located adjacent to “Old” Market Street and Hwy 17, a major arterial street.  About half of the property is currently zoned for commercial uses. The proposed plan limits the amount of commercial uses that could be developed on the currently zoned B-1 portion of the site to office and personal services.  The proposed master plan positions the taller buildings closer to existing commercial zoning and attached housing. Lower density housing and stormwater facilities are proposed along the existing adjacent single-family neighborhoods.  Senior living retirement communities generally generate less traffic than non-age restricted residential developments. In addition, the proposal is estimated to decrease the trips generated from the site as currently zoned because it reduces the size and variety of commercial uses that are currently permitted on the commercially zoned portion of the site.  Senior living retirement communities generally do not impact the school system.  There are similar developments in the Porters Neck community (The Davis Community, Plantation Village) that have functioned effectively with nearby residential areas for many years. Planning Board - August 6, 2020 ITEM: 1 - 2 - 9 Z20-12 Staff Report PB 8.6.2020 Page 10 of 14 Representative Developments of Senior Living Projects: Plantation Village – Multi-Family Plantation Village - Quadplexes The Davis Community/Plantation Village Planning Board - August 6, 2020 ITEM: 1 - 2 - 10 Z20-12 Staff Report PB 8.6.2020 Page 11 of 14 Representative Developments of R-15: Grayson Park Clay Crossing Plantation Landing Representative Developments of B-1: Planning Board - August 6, 2020 ITEM: 1 - 2 - 11 Z20-12 Staff Report PB 8.6.2020 Page 12 of 14 2016 COMPREHENSIVE LAND USE PLAN The New Hanover County Future Land Use Map provides a general representation of the vision for New Hanover County’s future land use, as designated by place types describing the character and function of the different types of development that make up the community. These place types are intended to identify general areas for particular development patterns and should not be interpreted as being parcel specific. Future Land Use Map Place Type Community Mixed Use and General Residential Because of the general nature of place type borders, sites located in proximity to the boundaries between place types could be appropriately developed with either place type, allowing site-specific features and evolving development patterns in the surrounding area to be considered. Place Type Description Community Mixed use focuses on small-scale, compact, mixed use development patterns that serve all modes of travel and act as an attractor for county residents and visitors. Types of appropriate uses include office, retail, mixed use, recreational, commercial, institutional, and multi-family and single-family residential. General Residential focuses on lower-density housing and associated civic and commercial services. Typically, housing is single-family or duplexes. Commercial uses should be limited to strategically located office and retail spaces, while recreation and school facilities are encouraged throughout. Types of uses include single-family residential, low-density multi-family, residential, light commercial, civic, and recreational. Planning Board - August 6, 2020 ITEM: 1 - 2 - 12 Z20-12 Staff Report PB 8.6.2020 Page 13 of 14 Analysis The subject property is located along the portion of Market St. that runs parallel to the I-140 interchange just north of Porters Neck. The only direct access to the site is off of Market St., which is approximately one quarter mile from the intersection at Highway 17. Existing development in the area is primarily single-family neighborhoods with a townhome development and some business and commercial zoning along Market Street. The subject property is just over one-mile north of the Porters Neck commercial node, allowing for access to basic goods and services. Additionally, the property is approximately one-mile south of the Scotts Hill Medical Center. The subject property of approximately 30 acres is designated Community Mixed Use (approx. 14 acres) along Market St. and General Residential (approx. 16 acres) further east, closer to the existing single-family residential. In general, the Comprehensive Plan designates areas along roadways for higher residential densities and a mix of uses and those near existing neighborhoods as General Residential in order to allow for an orderly transition of densities and intensities. The comprehensive plan is a guiding policy document and while it provides general direction, it does not regulate standards the same way as a development ordinance, allowing for some flexibility based on site specific conditions. The overall density, including the assisted living facility and independent retirement community, is 11.4 units per acre and is in line with the 15 units per acre recommended for Community Mixed Use areas. The site design of this proposed project locates the one-story cottages and stormwater facilities on the south and east of the site closer to existing single- family housing. While the taller multi-storied buildings are located on the western half of the site closer to existing commercial zoning. In addition, many of the proposed housing units will exceed the setback and buffers required by the ordinance. One of the proposed buildings is one story taller than preferred for the Community Mixed Use place but still within the building height limits of the zoning district. Due to the central location of the building on the site, the proposed height is appropriate for an independent living building. It is in line with the height of structures in the other senior living communities such as Plantation Village and the recently approved Davis Community expansion. The proposed rezoning to allow for the senior living facilities and mixed- used would be appropriate for the Community Mixed Use and General Residential areas. Additionally, the proposed project would allow for a mixture of housing types and land uses. Planning Board - August 6, 2020 ITEM: 1 - 2 - 13 Z20-12 Staff Report PB 8.6.2020 Page 14 of 14 Consistency Recommendation The proposed UMXZ rezoning is generally CONSISTENT with the Community Mixed Use and General Residential place types because it allows for the types of support services and residential uses recommended in the Comprehensive Plan. The site is designed in a way that allows the orderly transition from higher density and mixed use near the major road corridor to lower density residential towards the rear adjacent to existing residential neighborhoods. It also allows for a range of housing types and land uses in the area. STAFF RECOMMENDATION Staff recommends approval of the application with and suggest the following motion: I move to APPROVE the proposed rezoning to a UMXZ district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it allows for the types of support services and residential uses recommended in the plan. In addition, it provides an orderly transition from a major road corridor to lower density housing. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the proposal would benefit the community by providing diverse housing options and is expected to reduce the amount of traffic that could be generated under the existing zoning. [Optional] Note any conditions to be added to the district. Example Motion for Denial I move to DENY the proposed rezoning to a UMXZ district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it allows for the types of support services and residential uses recommended in the plan, I find DENIAL of the rezoning request is reasonable and in the public interest because the proposal is not consistent with the desired character of the surrounding community and the density will adversely impact the adjacent neighborhoods. Planning Board - August 6, 2020 ITEM: 1 - 2 - 14 Planning Board - August 6, 2020 ITEM: 1 - 3 - 1 Planning Board - August 6, 2020 ITEM: 1 - 4 - 1 Planning Board - August 6, 2020 ITEM: 1 - 5 - 1 APPLICANT MATERIALS Planning Board - August 6, 2020 ITEM: 1 - 6 - 1 Planning Board - August 6, 2020 ITEM: 1 - 6 - 2 Page 1 of 6 MDP Rezoning Application – Updated 2-2020 NEW HANOVER COUNTY_____________________ DEPARTMENT OF PLANNING & LAND USE 230 Government Center Drive, Suite 110 Wilmington, North Carolina 28403 Telephone (910) 798-7165 FAX (910) 798-7053 planningdevelopment.nhcgov.com MASTER PLANNED DEVELOPMENT APPLICATION This application form must be completed as part of a master planned development application submitted through the county’s online COAST portal. The main procedural steps in the submittal and review of applications are outlined in the flowchart below. More specific submittal and review requirements, as well as the standards to be applied in reviewing the application, are set out in Section 10.3.4 of the Unified Development Ordinance. Public Hearing Procedures 1 Pre-Application Conference 2 Community Information Meeting 3 Application Submittal & Acceptance 4 Planning Director Review & Staff Report (TRC Optional) 5 Public Hearing Scheduling & Notification 6 Planning Board Hearing & Recom- mendation 7 Board of Commissioners Hearing & Decision 8 Post-Decision Limitations and Actions 1. Applicant and Property Owner Information Applicant/Agent Name Owner Name (if different from Applicant/Agent) Company Company/Owner Name 2 Address Address City, State, Zip City, State, Zip Phone Phone Email Email 2. Subject Property Information Address/Location Parcel Identification Number(s) Total Parcel(s) Acreage Existing Zoning and Use(s) Future Land Use Classification Applicant Tracking Information (This section completed by staff) Case Number: Date/Time Received: Received by: Samuel B. Franck Ward and Smith, P.A. Ridgewood Gardens Health Investors, LLC 127 Racine Dr. Wilmington, NC 28403 910.794.4835 sbf@wardandsmith.com 2334 41st Street Wilmington, NC 28403 919.612.7002 tmoore@libertyseniorliving.com 8704 Market Street 29.956 Acres Portion of R02900-003-513-000 R-15 and B-1 UMXZ Planning Board - August 6, 2020 ITEM: 1 - 7 - 1 Page 2 of 6 MDP Rezoning Application – Updated 2-2020 3. Proposed Zoning, Use(s), & Narrative Proposed Zoning District: Total Acreage of Proposed District: Please provide a project narrative, describe the purpose of the master planned development, and list the uses that will be allowed (attach additional pages if necessary). 4. Traffic Impact See Addendum A. Please provide the estimated number of trips generated for the project’s proposed maximum density and intensity based off the most recent version of the Institute of Traffic Engineers (ITE) Trip Generation Manual. A Traffic Impact Analysis (TIA) must be completed for all proposed developments that generate more than 100 peak hour trips, and the TIA must be included with this application. ITE Land Use: See attached memo of 7/28/20 Trip Generation Use and Variable (gross floor area, dwelling units, etc.) See attached memo of 7/28/20 AM Peak Hour Trips: See attached memo of 7/28/20 PM Peak Hour Trips: See attached memo 7/28/20 Planning Board - August 6, 2020 ITEM: 1 - 7 - 2 Page 3 of 6 MDP Rezoning Application – Updated 2-2020 5. Master Planned Development Considerations Please explain how the proposed development meets the following criteria (attach additional pages if necessary). 1. How would the requested change be consistent with the County’s policies for growth and development, as described in the 2016 Comprehensive Plan, applicable small area plans, etc. 2. How would the requested development be consistent with the property’s classification on the 2016 Comprehensive Plan’s Future Land Use Map. 3. How does the proposed master planned development meet the required elements and intent of the proposed zoning district? See Addendum B. See Addendum B. See Addendum B. Planning Board - August 6, 2020 ITEM: 1 - 7 - 3 Planning Board - August 6, 2020ITEM: 1- 7 - 4 Planning Board - August 6, 2020ITEM: 1- 7 - 5 Planning Board - August 6, 2020 ITEM: 1 - 7 - 6 Planning Board - August 6, 2020ITEM: 1- 7 - 7 Addendum A to Master Planned Development Application Proposed Zoning, Uses, and Narrative Please provide a project narrative, describe the purpose of the master planned development, and list the uses that will be allowed: Ridgewood is requesting to rezone property located at 8704 Market Street in New Hanover County ("Property") from its current zoning of Residential 15 ("R-15") and Neighborhood Business ("B-1") to an Urban Mixed Use Zoning District ("UMXZ") to allow a mixed use development including Senior Living, Assisted Living, independent living, office, and potentially, Personal Services, uses in accordance with New Hanover County's ("County") Unified Development Ordinance ("UDO"). The rezoning will provide the opportunity to create a senior living community comprised of independent living cottages with a total of fifty-two (52) units, a healthcare building with assisted living with capacity for one hundred (100) units, a single Senior Living Independent Living facility with up to one hundred eighty-six (186) units, and a residential, office and retail building with up to four (4) residential units and roughly four thousand (4000) square feet of office or personal services space on the ground floor. ND: 4837-1967-7889, v. 5 Planning Board - August 6, 2020 ITEM: 1 - 7 - 8 Addendum B to Master Planned Development Application Master Planned Development Considerations Please explain how the proposed development meets the following criteria: 1) How would the requested change be consistent with the County's policies for growth and development, as described in the 2016 Comprehensive Plan, applicable small areas plans, etc.? The proposed UMXZ rezoning would be consistent with the significant planning goals and objectives in New Hanover County ("County") favoring a mix of housing types and land uses, job and tax base creation, and smart planning strategies for infill of existing development. The proposed senior living development is consistent with the themes and objectives of the County's 2016 Comprehensive Plan ("2016 Plan") in many ways, including these specific items:  "Livable Built Environment" to ensure that all elements of the built environment, including land use, transportation, housing, energy, and infrastructure work together to provide sustainable, green places for living, working, and recreation to provide a high quality life. The project provides a mix of housing and open space areas with a focus on retaining trees and providing green space in excess of what's required by the land use code.  "Harmony with Nature" to ensure the contributions of natural resources are being explicitly recognized and valued and to maintain their health. The project includes an innovative approach to stormwater and drainage design to ensure that the development treats all stormwater on site with a focus on eliminating any negative impact on adjacent properties. Ridgewood has also intentionally left a significant tree line around most of the Property screening all residential uses from the site to promote the existing ecology and limit an impact from the height of the development.  "Resilient Economy" to ensure that the community is prepared to deal with both positive and negative changes in its economic health and to initiate sustainable urban development that foster growth. The County is experiences a rapid increase in the population of its citizens who need sustainable, well-designed senior living options. Rather than force those citizens to seek accommodations outside of the County, Ridgewood is seeking to offer them the opportunity to stay involved and invested in New Hanover County. Planning Board - August 6, 2020 ITEM: 1 - 7 - 9  "Interwoven Equity" to ensure fairness and equity in providing housing, services, health, safety, and livelihood needs of all citizen groups. The project aims to provide housing for a currently underserved demographic in our County, our senior citizens who are facing a current housing shortage. The proposed development is a step towards creating equity in the housing market and allowing that population to remain housed and engaged in our community.  "Healthy Community" to ensure public health needs are recognized and addressed through provisions for healthy foods, physical activity, access to recreation, health care, environmental justice, and safe neighborhoods. The project is aimed at fulfilling all of these admirable goals. The development plan for the Property will create a safe, comfortable, and environmentally sustainable community to promote active and healthy lifestyles for its residents while ensuring that they have access to the medical care they need through collaboration with local healthcare providers.  "Responsible Regionalism" to ensure all local proposals account for, connect with, and support the plans of adjacent jurisdictions and surrounding region. The City of Wilmington is the largest adjacent jurisdiction and has recognizes its own needs regarding a growing senior population, the need for diverse housing options, and the benefits of a mix of uses to reduce traffic and encourage on-site activities. The project is also confident with the following specific implementation strategies of the 2016 Plan:  III.C – Encourage infill development in vacant or blighted pieces of property.  III.D – Encourage the redevelopment of single-uses into mixed-use developments.  IV.C – Consider revising zoning ordinances to support mixed uses and holistic approach to development.  VI.D – Encourage conservation and enhancement of the unique environment, character, and history of the County.  IX.A – Promote a mixture of uses where appropriate in an effort to cluster development and minimize impacts on natural resources.  IX.D – Strengthen and direct development toward existing communities through encouraging infill and redevelopment.  XVI.B – Encourage a walkable community that creates more human interactions between neighbors.  XVIII.A – Encourage a mixture of uses in developments that allows individuals to walk rather than rely upon vehicles.  XXI.A – Promote compact development, mixture of uses, and infill that minimizes trips and vehicle miles traveled. Planning Board - August 6, 2020 ITEM: 1 - 7 - 10  XXI.B – Encourage development patterns and neighborhood street designs that are conducive to pedestrian and bicycle use. 2) How would the requested development be consistent with the property's classification on the 2016 Comprehensive Plan's Future Land Use Map? The New Hanover County Future Land Use Map depicts the site as General Residential. The proposed senior living project is consistent with that approach, consisting primarily of senior living residential units, but also including the mixed- use infill that the County has focused on the 2016 Plan. In addition, there are several specific aspects of the project that demonstrate why the project exemplifies good design and development consistent with the General Residential land type. After several versions of a proposed development plan, the current site plan evolved with a priority to achieve sustainability, diversity, ecology, and connectivity. The finished product achieves preservation of many of the existing trees on the property and promotes internal interconnectivity through multiple driveway access points and new road installations that will be added during development, while limiting the impact on adjacent residential neighborhoods by omitting any direct interconnectivity with the same. Ridgewood designed the site plan in this manner was to limit the footprint of all buildings to reduce impervious surface, stormwater, and drainage concerns and limiting the impact of taller structures on nearby properties while still creating a senior living community capable of serving a meaningful population of residents in need of a safe, well-designed senior living community. Existing wetlands on the Property will remain undisturbed, and all stormwater generated on the site will be treated on-site by stormwater ponds and facilities. Once treated, any water leaving the Property will follow the existing water flow path into a stream on the east side of the Property. The proposed structures range in height from thirty feet (30') for the cottages adjacent to residential areas, forty-five feet (45') for the healthcare facility and mixed-use structure adjacent to Market Street, and forty-five feet (45') for the independent living facility in the center of the Property with the greatest setbacks to any nearby use. Vegetative buffers, primarily made up of existing trees roughly sixty-five feet (65') tall will separate the adjacent residential uses from the Property and, as shown on the site plan, will screen almost all view of the development. The Property is positioned off of the Futch Creek connection to Market Street. Following additional driveway and road improvements provided by Ridgewood and after an assessment of the projected traffic impact for the site completed by Kimley Horn Engineering, the site is expected to generate fifty-two (52) AM peak hour Planning Board - August 6, 2020 ITEM: 1 - 7 - 11 traffic trips and eighty-nine (89) PM peak hour trips. The projected totals are a significant reduction from the "by-right" use of the Property if it was developed under its current R-15 and B-1 zoning. An average example of by-right land use, as described in the attached memo, would be expected to generate two hundred eighty-five (285) AM peak hour trips, and two hundred twenty-five (225) PM peak hour trips. 3) How does the proposed master planned development meet the required elements and intent of the proposed zoning district? The UMXZ zone is the only zone in the County that permits Senior Living and Assisted Living by right, and was established to meet five (5) primary objectives within the County. The County's UDO describes those objectives as follows: 1) to encourage the efficient mixed use development pattern envisioned in the Comprehensive Plan; 2) to result in quality design and a variety of build forms of lasting value that result in a pedestrian scale; 3) to provide a mix of housing options; 4) to promote and enhance transportation options, particularly those that are pedestrian-oriented, while reducing demand for automobile trips; and 5) to encourage a mix of uses to foster a sense of community Ridgewood and the engineering and design teams that have contributed to the site plan for the Property take these objectives as a minimum standard for the project. The design was created and adapted to fit the goals of the UMXZ zone in the following ways: 1) The rezoning would allow Ridgewood to develop the Property as a mixed use development with a mix of Senior Living Assisted Care, Senior Living Independent Living, and office and/or personal services use towards the front of the Property. This mix of uses is broader than what could be achieved under the existing zoning and is the type of mixed-use development that the County encourages under its Comprehensive Plan. 2) Under the current zoning designation the Property could be developed into residential uses and commercial uses closer to Market Street. Ridgewood has taken considerable care to propose a site plan that serves a currently underserved portion of our population in the elderly, and does so in a way that maintains and strengthens the community and neighborhood feel of the existing area. 3) Under the proposed rezoning, a mix of senior living options will be developed that offer flexibility and access to the County's aging population in need to safe, well-designed housing options. Planning Board - August 6, 2020 ITEM: 1 - 7 - 12 4) The Property will be accessible by multiple driveway points and internally served by a comprehensive sidewalk and pedestrian walkway system designed to ensure "walkability" and to be consistent with the existing landscaping and ecology of the site. Ridgewood is also proud to produce a design that significantly decreases the amount of traffic that could be generated under the by-right uses under the current zoning. 5) By rezoning property from "Neighborhood Business" to a senior living mixed use development, Ridgewood is establishing a mixed-use senior living project in an area that could previously be developed into self-storage or other, more intense commercial uses. Our goal has been to create a strong community for our future residents; one that will hopefully enhance the community and neighborhoods around the Property. The proposed site plan would also establish a significantly less dense development than could be achieved under another UMXZ project. UMXZ permits a maximum density of twenty-five (25) units per acre. The Property is 29.956 acres which would permit a maximum of roughly seven hundred fifty (750) units. The proposed site plan only proposes three hundred forty two (342) units, or a density of 11.42 units per acre, far less than the twenty five (25) units per acre permitted under the UMXZ's maximum allowance. That decrease in density is intentional. It creates a smaller, more community focused development for future residents, limits traffic in and out of the Property, and decreases stormwater and drainage issues from the Property. Planning Board - August 6, 2020 ITEM: 1 - 7 - 13 Kimley-Horn.com 115 Fairchild Street, Suite 250, Charleston, SC 29492 843-737-6390 July 28, 2020 Thad Moore Development Manager Liberty Senior Living 2334 South 41st Street Wilmington, NC 28403 RE: 8704 Market Street Senior Living, Wilmington, NC – Trip Generation Analysis Kimley-Horn has prepared an analysis of the trip generation potential of the proposed 8704 Market Street Senior Living facility in Wilmington, NC. As currently envisioned the development will consists of 56 senior living attached dwelling units, 186 independent living dwelling units, and 110 assisted living dwelling units. The proposed development is located near the intersection of Market Street at Futch Creek Road in Wilmington, NC. The property is currently zoned as B1 which is defined as a neighborhood shopping district. Site Trip Generation Traffic for the zoned and proposed development was generated using ITE 10th Edition for a typical weekday, the weekday AM peak hour, and the weekday PM peak hour. The AM peak hour typically falls within the period from 7-9 AM and the PM peak hour generally occurs between 4-6 PM. NCDOT guidance from the ITE Rate vs Equation spreadsheet was used in the development of this trip generation. It is important to note that assisted living is recommended to be run per bed instead of per dwelling unit, thus 110 beds was used for the 100 dwelling units of assisted living per direction of Liberty Senior Living. The trip generation of the proposed development was done using two different methodologies for the proposed residential land uses. The first methodology (shown in Table 1 on the following page) is per NCDOT Congestion Management Guidelines, in which the individual land uses are broken out for the trip generation. In addition, a variety of land uses have been analyzed for the proposed 4,000 sf non- residential land use. The intent of this effort is to show a variety of land uses that could occupy this space and the trip generation falls below the 100-trip threshold for requiring a traffic impact analysis per the Wilmington MPO and NCDOT. Planning Board - August 6, 2020 ITEM: 1 - 7 - 14 Kimley-Horn.com 115 Fairchild Street, Suite 250, Charleston, SC 29492 843-737-6390 As shown in Table 1, the proposed site has the potential to generate 52 AM peak hour trips and 89 PM peak hour trips, if the individual land uses of the development are broken out per NCDOT Congestion Management guidance. The proposed 4,000 sf of non-residential space was analyzed as office. The trip generation is less than NCDOT’s daily threshold of 3,000 daily trips and less than WMPO’s peak hour threshold of 100 trips per hour for requiring a traffic impact study. Table 2 shows the proposed development as presented in Table 1 except for the 4,000 sf of non- residential space. In Table 2, the 4,000 sf of space was analyzed using personal services land use. As shown on Table 2, the proposed development is projected to generate 47 AM peak hour trips and 90 PM peak hour trips. The trip generation is less than NCDOT’s daily threshold of 3,000 daily trips and less than WMPO’s peak hour threshold of 100 trips per hour for requiring a traffic impact study. Table 1 - Trip Generation for Individual Land Uses AM Peak Hour PM Peak Hour Total In Out Total In Out ITE 252 - Senior Adult Housing Attached 56 DU 200 11 4 7 16 9 7 ITE 253 - Congregate Care Facility 186 DU 376 11 7 4 31 16 15 ITE 254 - Assisted Living 110 Bed 286 20 13 7 37 17 20 ITE 710 - Office 4,000 SF 47 10 9 1 5 1 4 Subtotal 909 52 33 19 89 43 46 Internal Capture 0 0 0 0 0 0 0 Pass-By 0 0 0 0 0 0 0 Net New External Trips 909 52 33 19 89 43 46 Land Use Intensity Daily Table 2 - Trip Generation for Individual Land Uses AM Peak Hour PM Peak Hour Total In Out Total In Out ITE 252 - Senior Adult Housing Attached 56 DU 200 11 4 7 16 9 7 ITE 253 - Congregate Care Facility 186 DU 376 11 7 4 31 16 15 ITE 254 - Assisted Living 110 Bed 286 20 13 7 37 17 20 ITE 918 - Personal Services, General 4,000 SF 110 5 3 2 6 1 5 Subtotal 972 47 27 20 90 43 47 Internal Capture 0 0 0 0 0 0 0 Pass-By 0 0 0 0 0 0 0 Net New External Trips 972 47 27 20 90 43 47 Land Use Intensity Daily Planning Board - August 6, 2020 ITEM: 1 - 7 - 15 Kimley-Horn.com 115 Fairchild Street, Suite 250, Charleston, SC 29492 843-737-6390 Table 3 shows the trip generation potential of the subject property being developed for which would be allowed under a B1 and R-15 zoning. As shown in Table 3, the by right land use has a potential to generate 285 AM peak hour trips and 225 PM peak hour trips. The by right plan generates a considerably higher volume of traffic than that of the proposed plan. Conclusions The proposed 8704 Market Street Senior Living Development is not anticipated to generate more than the NCDOT nor WMPO trip thresholds of 100 peak hour trips (in either peak) to require a traffic study. Furthermore, the proposed Senior Living development is anticipated to generate significantly less daily, AM, and PM peak hour trips than the by-right zoning allows. Thus, a traffic study should not be required for the proposed development. Please let me know if you have any questions or require any further information. We appreciate the opportunity to provide these services to you. Sincerely, Jonathan Guy, PE, PTOE, AICP Vice President Table 3 - R-15 and B1 Zoning Trip Generation AM Peak Hour PM Peak Hour Total In Out Total In Out ITE 820 - Shopping Center 20,000 SF 2,012 19 12 7 165 79 86 ITE 934 Fast Food 11,000 SF 5,180 442 225 217 359 187 172 ITE 710 - Office 40,000 SF 436 74 65 9 48 8 40 ITE 210Multifamily - Low Rise 31 DU 194 16 4 12 21 13 8 Subtotal 7,822 551 306 245 593 287 306 Internal Capture 1,586 66 33 33 250 125 125 Pass-By 318 200 100 100 118 59 59 Net New External Trips 5,918 285 173 112 225 103 122 Land Use Intensity Daily Planning Board - August 6, 2020 ITEM: 1 - 7 - 16 Planning Board - August 6, 2020 ITEM: 1 - 7 - 17 Planning Board - August 6, 2020 ITEM: 1 - 7 - 18 Planning Board - August 6, 2020 ITEM: 1 - 7 - 19 Planning Board - August 6, 2020 ITEM: 1 - 7 - 20 Planning Board - August 6, 2020 ITEM: 1 - 7 - 21 Planning Board - August 6, 2020 ITEM: 1 - 7 - 22 Planning Board - August 6, 2020 ITEM: 1 - 7 - 23 Planning Board - August 6, 2020 ITEM: 1 - 7 - 24 Planning Board - August 6, 2020 ITEM: 1 - 7 - 25 Planning Board - August 6, 2020 ITEM: 1 - 7 - 26 Planning Board - August 6, 2020 ITEM: 1 - 7 - 27 Planning Board - August 6, 2020 ITEM: 1 - 7 - 28 Legal Description of Ridgewood Gardens Health Investors, Inc. Property re UMXZ Rezoning Beginning at a point located on the eastern right of way of Market Street-US Highway 17 (variable width Public R/W), said point being the southwestern point of Tract A Willie Mattocks depicted on Map Book 47, at Page 52 in the office of the Register of Deeds of New Hanover County and being located South 43°11'37" West 172.09 feet from an existing iron on the eastern right of way of Market St-US Highway 17 (Variable Width Public R/W) as shown on a plat recorded in Plat Book 51, at Page 3 in the office of the Register of Deeds of New Hanover County prepared by Arnold W. Carson dated January 8, 2007, which existing iron is located South 51°02'32" West 242.05 feet from an existing NCDOT Disk, said point being the "Point of Beginning," thence from said Point of Beginning leaving said right of way South 49°48'44" East 510.74 feet to a point, thence North 40°11'16" East 171.85 feet to a point, thence South 49°48'44" East 479.47 feet to a point, thence South 36°03'33" West 172.30 feet to a point, thence South 49°48'44" East 201.05 feet to a point, thence North 40°21'20" East 343.73 feet to a point, thence South 49°48'57" East 635.72 feet to a point on the centerline of ditch, thence with said centerline South 76°58'17" West 110.61 feet to a point, thence South 46°24'45" West 2.97 feet to a point, thence South 46°24'45" West 3.73 feet to a point, thence South 33°53'10" West 32.38 feet to a point, thence South 49°38'22" West 26.23 feet to a point, thence South 74°31'02" West 46.60 feet to a point, thence South 81°15'29" West 35.64 feet to a point, thence South 50°53'13" West 12.99 feet to a point, thence South 50°51'36" West 1.88 feet to a point, thence South 38°31'24" West 52.38 feet to a point, thence South 38°55'11" West 23.05 feet to a point, thence South 29°13'55" West 35.75 feet to a point, thence South 29°40'11" West 25.78 feet to a point, thence South 19°59'40" West 41.89 feet to a point, thence South 13°49'10" West 44.23 feet to a point, thence South 16°55'47" West 141.52 feet to a point, thence South 20°12'13" West 72.32 feet to a point, thence South 20°12'44" West 14.62 feet to a point, thence South 41°35'48" West 33.68 feet to a point, thence South 59°58'39" West 50.05 feet to a point, thence South 75°24'11" West 34.69 feet to a point, thence South 78°07'55" West 89.48 feet to a point, thence South 69°34'40" West 34.57 feet to a point, thence South 49°27'01" West 19.83 feet to a point, thence South 38°06'37" West 17.66 feet to a point, thence South 40°08'33" West 85.74 feet to a point, thence South 26°45'32" West 11.75 feet to a point, thence leaving said centerline North 49°11'10" West 718.04 feet to a point, thence North 49°01'06" West 484.05 feet to a point, thence North 37°58'48" East 242.18 feet to a point, thence North 47°23'55" West 549.11 feet to a point on the eastern right of way of Market Street-US Highway 17 (Variable Width R/W), thence with said right of way North 42°36'05" East 380.85 feet to the Point of Beginning, containing 29.956 acres (1,304,899 Sq Ft) more or less. Planning Board - August 6, 2020 ITEM: 1 - 7 - 29 Planning Board - August 6, 2020 ITEM: 1 - 7 - 30 Planning Board - August 6, 2020 ITEM: 1 - 7 - 31 Planning Board - August 6, 2020 ITEM: 1 - 7 - 32 Planning Board - August 6, 2020 ITEM: 1 - 7 - 33 Planning Board - August 6, 2020 ITEM: 1 - 7 - 34 Proposed Master Development Plan Terms & Conditions Ridgewood Gardens Healthy Investors, LLC – 8704 Market Street 1. Conditions related to approval of the application for the master planned development zoning district classification: a) The use, density of use, and maximum building heights shall comply with the approved Master Development Plan ("MDP") as the MDP may be amended or modified in accordance with County requirements from time to time b) The use and development of the subject property shall comply with all applicable regulations and requirements imposed by the New Hanover County Unified Development Ordinance ("UDO"), and any other applicable federal, state, or local law; c) Approval of this rezoning does not constitute technical approval of the site plan. Issuance of all required permits must occur prior to construction commencing; 2. References to the MDP, including any density/intensity standards, dimensional standards, and development standards: a) Maximum density permitted in UMXZ – twenty five (25) dwelling units per acre ("DUAC"). Total site area is 29.956 acres, maximum number of dwelling units would be 748. b) Proposed density – 342 proposed dwelling units or 11.42 DUAC c) Developed in accordance with County, state, and federal building and environmental regulations 3. Conditions related to the approval of the MDP Master Plan, including any conditions related to the form and design of development shown in MDP Master Plan: No conditions currently proposed. Planning Board - August 6, 2020 ITEM: 1 - 8 - 1 4. Provisions addressing how transportation, potable water, wastewater, stormwater management, and other infrastructure will be provided to accommodate the proposed development: a) Transportation will be provided by access to public rights of way. A NCDOT driveway permit will be acquired prior to any access to Market Street. b) Potable water will be provided by Cape Fear Public Utility Authority ("CFPUA"). c) Wastewater services will be provided by CFPUA. d) Stormwater will be managed on site in accordance with NCDEQ restrictions and regulations, will comply with all County and State regulations, and any permit issued for the site. The engineers who will coordinate and implement the stormwater management plan have not yet been selected. e) Infrastructure will be designed in accordance with the North Carolina building code, all other applicable government regulations, laws, and ordinances, and developed consistent with the approved MDP. 5. Provisions related to environmental protection and monitoring: Any 404 wetlands determined to exist on the site from time to time will be handled in accordance with all applicable government regulations, laws, and ordinances including Army Corp. of Engineers requirements. Twenty-five foot (25') wide buffers described on the Master Plan include existing mature landscaping and trees which will not be materially disturbed in connection with development of the site. The property owner will comply with all applicable regulations, laws, and ordinances from local, state, and federal sources with jurisdiction over the site. 6. Any other provisions relevant and necessary to the development of the master planned development in accordance with applicable standards and regulations: None. ND: 4824-0971-3602, v. 2 Planning Board - August 6, 2020 ITEM: 1 - 8 - 2 PROPOSED SITE PLAN Planning Board - August 6, 2020 ITEM: 1 - 9 - 1 Planning Board - August 6, 2020 ITEM: 1 - 9 - 2 THE LINE SHOWN ABOVE IS EXACTLY ONE INCH LONG AT THIS SHEETS ORIGINAL PAGE SIZELS3P PROJECT:ORIG SUBMISSION:NOT FOR CONSTRUCTIONCURRENT: SHEET NAME: SHEET: A B C D E 1 2 3 4 5 6 DATE DESCRIPTION∆ PRELIMINARY DESIGN 7/8/2020 2:59:49 PMA-100 SITE LOCATION 7404-20183007/08/208704 MARKET STREETWWW.LS3P.COM 101 NORTH THIRD STREET, SUITE 500 WILMINGTON, NORTH CAROLINA 28401 TEL. 910.790.3111 FAX. 910.790.9901 SITE Planning Board - August 6, 2020 ITEM: 1 - 10 - 1 THE LINE SHOWN ABOVE IS EXACTLY ONE INCH LONG AT THIS SHEETS ORIGINAL PAGE SIZELS3P PROJECT:ORIG SUBMISSION:NOT FOR CONSTRUCTIONCURRENT: SHEET NAME: SHEET: A B C D E 1 2 3 4 5 6 DATE DESCRIPTION∆ PRELIMINARY DESIGN 7/8/2020 2:59:54 PMA-101 SITE SURVEY 7404-20183007/08/208704 MARKET STREETWWW.LS3P.COM 101 NORTH THIRD STREET, SUITE 500 WILMINGTON, NORTH CAROLINA 28401 TEL. 910.790.3111 FAX. 910.790.9901 Planning Board - August 6, 2020 ITEM: 1 - 10 - 2 EXISTING POND TO BE USED FOR STORMWATER ATTENUATION 0 30 60 120 RESIDENTIAL BUFFER 50' STREAM BUFFERWATER QUALITY BASIN RESIDENTIAL BUFFER RESIDENTIAL BUFFERRESIDENTIAL BUFFER RESIDENTIAL BUFFER RESIDENTIAL BUFFERSTREAM FUTCH CREEK ROAD / MARKET STREET(ARTERIAL ROAD)12' WIDE SIDEWALK ALONG MARKET STREET ROW INTERNAL SIDEWALK INTERNAL SIDEWALK INTERNAL SIDEWALK INTERNAL SIDEWALK I NTERNAL SI DEWALK45' SETBACK 45' SETBACK45' SETBACK45' SETBACK35' SETBACK 35' SETBACK 35' SETBACK35' SETBACK NEW ROAD TO BE INSTALLED PER COUNTY ROAD STANDARDS NEW DRIVEWAY TO BE INSTALLED AMENITY AREA • neighborhood recreation facilities MIXED- USE BUILDING & PARKING AREA +/- 4,000 SF OFFICE SPACE &/OR SALON (1) LEVEL + +/- 8,000 SF (4) UNITS RESIDENTIAL (2) LEVELS 45' HEIGHT HEALTHCARE BUILDING & PARKING AREA +/- 90,000 SF, 45' HEIGHT ASSISTED LIVING FACILITY (3) LEVELS, 110 BEDS (100 UNITS) + ASSOCIATED SURFACE PARKING AND SERVICE YARD SENIOR LIVING: INDEPENDENT LIVING RETIREMENT COMMUNITY & PARKING AREA +/- 280,000 SF INDEPENDENT LIVING FACILITY (4) LEVELS, 45' HEIGHT 186 UNITS + ASSOCIATED SURFACE PARKING AND SERVICE YARD +/- 17,500 SF, 30' HEIGHT (10) UNITS, (1) LEVEL +/- 17,500 SF, 30' HEIGHT (10) UNITS, (1) LEVEL SENIOR LIVING: INDEPENDENT LIVING RETIREMENT COMMUNITY COTTAGES +/- 14,000 SF, 30' HEIGHT (8) UNITS, (1) LEVEL +/- 21,000 SF 30' HEIGHT (12) UNITS, (1) LEVEL +/- 21,000 SF, 30' HEIGHT (12) UNITS, (1) LEVEL 50' ROW50' ROW 50' ROW50' ROW50' ROW ACCESS POINT ACCESS POINT ACCESS POINT ACCESS POINT ACCESS POINT ACCESS POINT ACCESS POINT ACCESS POINT ACCESS POINT ACCESS POINT ACCESS POINT ACCESS POINT ACCESS POINT ACCESS POINT ACCESS POINT EXISTING VEGETATIVE BUFFER TO REMAIN, +/- 65' HEIGHT EXISTING VEGETATIVE BUFFER TO REMAIN, +/- 65' HEIGHT EXISTING VEGETATIVE BUFFER TO REMAIN, +/- 65' HEIGHT SENIOR LIVING: INDEPENDENT LIVING RETIREMENT COMMUNITY COTTAGES SENIOR LIVING: INDEPENDENT LIVING RETIREMENT COMMUNITY COTTAGES SENIOR LIVING: INDEPENDENT LIVING RETIREMENT COMMUNITY COTTAGES SENIOR LIVING: INDEPENDENT LIVING RETIREMENT COMMUNITY COTTAGES35' SETBACKEMERGENCY FIRE ACCESS, CONNECT TO WINDY ISLAND DRIVE ON NEIGHBORING PROPERTY, GATED ACCESS ONLY IN AN EVENT OF AN EMERGENCY 30' ACCESS EASEMENT, MAP BOOK 5049, PAGE 2727 VEGETATIVE BUFFER TO BE PLANTED AT EASEMENT BORDER EXISTING VEGETATIVE BUFFER TO REMAIN AT EASEMENT PER WILLIE MATTOCKS PROPERTY OWNER, +/- 65' HEIGHT 150' - 0"30'-0" MAXIMUM BUILDING HEIGHT 45'-0" MAXIMUM BUILDING HEIGHT SYMBOL LEGEND VEHICULAR ACCESS POINT PERIMETER SIDEWALK TO BE COORDINATED WITH NCDOT INTERNAL SIDEWALK NETWORK STREET TREES AS REQUIRED TREE PLANTING THROUGHOUT COMMUNITY - ORNAMENTAL AND SUPPLEMENTAL TO EXISTING BUFFERING SITE VICINITY MAP PROJECT ADDRESS: 8704 MARKET STREET, LOT 2 FUTCH CREEK VILLAGE PARCEL ID: R02900-003-513-000 CURRENT ZONING: B-1 and R-15 RESIDENTIAL DISTRICT PROPOSED ZONING: UMXZ PROPOSED USE: URBAN MIXED USE PROJECT SITE AREA: 29.956 ACRES / 1,304,883 SF OWNER INFORMATION: RIDGEWOOD GARDEN HEALTH INVESTORS LLC WILMINGTON, NC 28403 FLOOD INFORMATION: THIS PARCEL IS NOT LOCATED IN A FLOOD ZONE AS DETERMINED BY FEMA FLOOD MAP 3720326000K, EFFECTIVE 28 AUG 2018 CAMA LAND USE CLASSIFICATION: TRANSITION TOTAL NUMBER OF BUILDINGS: 1 MIXED USE (OFFICE AND/OR HAIR SALON & RESIDENTIAL - 4 UNITS) 1 HEALTHCARE FACILITY (110 BEDS = 100 TOTAL UNITS W/ 10% DOUBLE OCC.) 1 INDEPENDENT LIVING RETIREMENT COMMUNITY (186 TOTAL) 16 INDEPENDENT LIVING RETIREMENT COMMUNITY COTTAGES (52 UNITS) ALLOWABLE DENSITY: 25 DUAC (MULTI-FAMILY) PROPOSED DENSITY: 11.4 DUAC (748 MAX UNITS ALLOWED, 342 PROPOSED UNITS) SITE DATA MAXIMUM BUILDING HEIGHT: 4 STORIES OR 45 FEET BY-RIGHT 75 FEET WITH ADDITIONAL HEIGHT ALLOWANCE SPECIAL USE PERMIT DEFINITION: BUILDING HEIGHT: BUILDING HEIGHT IS THE VERTICAL DISTANCE MEASURED FROM THE AVERAGE (NHC ZONING ORDINANCE, UNDISTURBED GRADE AT THE FOUNDATION TO THE HIGHEST FINISHED ROOF SURFACE SECTION 18-812) IN THE CASE OF A FLAT ROOF, OR N THE CASE OF A PITCHED ROOF, TO A POINT HALFWAY BETWEEN THE HIGHEST PEAK AND THE HIGHEST EAVE. DEFINITION: BUFFER: BUFFER YARDS SHALL HAVE A BASE WIDTH EQUAL TO AT LEAST FIFTY (50) PERCENT OF (NHC ZONING ORDINANCE, THE REQUIRED SETBACK. IN ALL CASES THE BASE OF THE BUFFER YARD SHALL BE SECTION 18-498) EQUAL TO OR GREATER THAN TWENTY (20) FEET. OFF-STREET PARKING DESIGN: ALL PARKING AND LOADING FACILITIES SHALL BE CONSTRUCTED SO THAT ALL NHC ZONING ORDINANCE, MANEUVERING WILL TAKE PLACE ENTIRELY WITHIN THE PROPERTY LINES OF THE SECTION 18-529) FACILITY. HOUSING MIX TYPES: 1-BR, 2-BR, 3-BR INDEPENDENT LIVING RETIREMENT COMMUNITY 2-BR, 3-BR INDEPENDENT LIVING RETIREMENT COMMUNITY COTTAGES STUDIO, 1-BR, 2-BR ASSISTED LIVING UNITS NOTE: STORMWATER FACILITIES SHOWN ARE CONCEPTUAL AND ARE SUBJECT TO CHANGE PENDING DESIGN DEVELOPMENT AND FURTHER ENGINEERING ANALYSIS OF SOILS AND SITE CONDITIONS.THE LINE SHOWN ABOVE IS EXACTLY ONE INCH LONG AT THIS SHEETS ORIGINAL PAGE SIZELS3P PROJECT:ORIG SUBMISSION:NOT FOR CONSTRUCTIONCURRENT: SHEET NAME: SHEET: A B C D E 1 2 3 4 5 6 DATE DESCRIPTION∆ PRELIMINARY DESIGN 7/28/2020 1:36:05 PMA-102 SITE PLAN W/ CONTEXT, CONDITIONAL DISTRICT REZONING 7404-20183007/28/208704 MARKET STREETWWW.LS3P.COM 101 NORTH THIRD STREET, SUITE 500 WILMINGTON, NORTH CAROLINA 28401 TEL. 910.790.3111 FAX. 910.790.9901 TRUE NORTH EXISTING VEGETATIVE BUFFER TO REMAIN UNDISTURBED, +/- 65' HEIGHT EXISTING VEGETATIVE BUFFER TO REMAIN UNDISTURBED, +/- 65' HEIGHT Planning Board - August 6, 2020 ITEM: 1 - 10 - 3 Proposed Master Development Plan Terms & Conditions Ridgewood Gardens Healthy Investors, LLC – 8704 Market Street 1. Conditions related to approval of the application for the master planned development zoning district classification: a) The use, density of use, and maximum building heights shall comply with the approved Master Development Plan ("MDP") as the MDP may be amended or modified in accordance with County requirements from time to time b) The use and development of the subject property shall comply with all applicable regulations and requirements imposed by the New Hanover County Unified Development Ordinance ("UDO"), and any other applicable federal, state, or local law; c) Approval of this rezoning does not constitute technical approval of the site plan. Issuance of all required permits must occur prior to construction commencing; 2. References to the MDP, including any density/intensity standards, dimensional standards, and development standards: a) Maximum density permitted in UMXZ – twenty five (25) dwelling units per acre ("DUAC"). Total site area is 29.956 acres, maximum number of dwelling units would be 748. b) Proposed density – 342 proposed dwelling units or 11.42 DUAC c) Developed in accordance with County, state, and federal building and environmental regulations 3. Conditions related to the approval of the MDP Master Plan, including any conditions related to the form and design of development shown in MDP Master Plan: No conditions currently proposed. Planning Board - August 6, 2020 ITEM: 1 - 10 - 4 4. Provisions addressing how transportation, potable water, wastewater, stormwater management, and other infrastructure will be provided to accommodate the proposed development: a) Transportation will be provided by access to public rights of way. A NCDOT driveway permit will be acquired prior to any access to Market Street. b) Potable water will be provided by Cape Fear Public Utility Authority ("CFPUA"). c) Wastewater services will be provided by CFPUA. d) Stormwater will be managed on site in accordance with NCDEQ restrictions and regulations, will comply with all County and State regulations, and any permit issued for the site. The engineers who will coordinate and implement the stormwater management plan have not yet been selected. e) Infrastructure will be designed in accordance with the North Carolina building code, all other applicable government regulations, laws, and ordinances, and developed consistent with the approved MDP. 5. Provisions related to environmental protection and monitoring: Any 404 wetlands determined to exist on the site from time to time will be handled in accordance with all applicable government regulations, laws, and ordinances including Army Corp. of Engineers requirements. Twenty-five foot (25') wide buffers described on the Master Plan include existing mature landscaping and trees which will not be materially disturbed in connection with development of the site. The property owner will comply with all applicable regulations, laws, and ordinances from local, state, and federal sources with jurisdiction over the site. 6. Any other provisions relevant and necessary to the development of the master planned development in accordance with applicable standards and regulations: None. ND: 4824-0971-3602, v. 2 Planning Board - August 6, 2020 ITEM: 1 - 10 - 5 NEW HANOVER COUNTY PLANNING BOARD REQUEST FOR BOARD ACTION MEETING DATE: 8/6/2020 Regular DEPARTMENT: Planning PRESENTER(S): Brad Schuler, Senior Planner CONTACT(S): Brad Schuler; Wayne Clark, Planning & Land Use Director SUBJECT: Public Hearing - (APPLICANT TO REQUEST CONTINUANCE) Rezoning Request (Z20-12) - Request by Design Solu4ons on behalf of the property owner, Desirable Proper4es, LLC, to rezone approximately 31.31 acres of land located at the northwest corner of Sidbury Road and Dairy Farm Road from R-15, Residen4al District, to (CZD) RMF-L, Condi4onal Residen4al Mul4-Family Low Density, in order to develop a mul4-family project consis4ng of 288 units. BRIEF SUMMARY: Aer adver!sement of the agenda for the Planning Board mee!ng, and prior to comple!on of the staff report, the applicant requested that the item be con!nued in order to allow for NCDOT and the WMPO to complete their review of the Traffic Impact Analysis (TIA) conducted for the proposed development. The applicant will be present to make the con!nua!on request to the Planning Board at the mee!ng. STRATEGIC PLAN ALIGNMENT: RECOMMENDED MOTION AND REQUESTED ACTIONS: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Planning Board - August 6, 2020 ITEM: 2 NEW HANOVER COUNTY PLANNING BOARD REQUEST FOR BOARD ACTION MEETING DATE: 8/6/2020 Regular DEPARTMENT: Planning PRESENTER(S): Gideon Smith, Current Planner CONTACT(S): Gideon Smith, Brad Schuler, Senior Planner, Wayne Clark, Planning and Land Use Director SUBJECT: Public Hearing Rezoning Request (Z20-14) – Request by Design Solu6ons on behalf of the property owner, Ripwood Company, Inc., to rezone approximately 3.6 acres of land located in the 600 block of Spring Branch Road from R-15, Residen6al District, to (CZD) R-5, Condi6onal Moderate-High Density District, in order to develop 22 single-family units. BRIEF SUMMARY: The applicant is proposing to rezone approximately 3.6 acres from R-15 to (CZD) R-5 in order to develop 22 detached single-family homes at a density of 6.1 dwelling units per acre (du/ac). As currently zoned (R-15), the subject property would be permi3ed up to 9 dwelling units at a maximum density of 2.5 du/ac. The homes will have a one-car garage and driveway large enough for two vehicles. In addi6on, there are three visitor parking areas that provide an addi6onal 14 spaces. A by-right residen6al development on the site under the current R-15 zoning would allow 9 dwelling units, which is es6mated to generate about 11 trips in the AM and 10 trips in the PM peak hours. Under the proposed R-5 zoning, 22 detached single-family homes could be constructed on the site, which is es6mated to generate about 20 trips in the AM and 24 trips in the PM peak hours. The expected net difference in traffic would be an increase of 9 AM and 14 PM peak trips when compared to current zoning. The development is designed like a tradi6onal detached single-family neighborhood with driveways and one-car garages. However, ownership will be structured similar to a townhome project where residents will own the land beneath the house and a small yard while the remainder of the site will be in common ownership. Although the homes will be on smaller lots than the nearby neighborhoods, they are detached single-family homes, func6oning as a transi6on from the high intensity adjacent highways to the exis6ng homes. The subject property is located in an area designated as a General Residen6al place type that provides opportuni6es for lower-density housing (up to approximately eight units per acre) and associated civic and commercial services. The Comprehensive Plan indicates that a variety of housing types such as single family residen6al and duplexes are typical in this place type. The overall project density of 6.1 units per acre for the proposed development is in-line with the preferred density range for the General Residen6al place type. The design of the proposed project supports the transi6onal nature of this development, clustering the new single-family homes to provide a buffer from the high intensity roadways while maintaining compa6bility with the exis6ng neighborhood. The proposed (CZD) R-5 rezoning is generally CONSISTENT with the Comprehensive Plan because the project’s Planning Board - August 6, 2020 ITEM: 3 density is in-line with the density and housing type recommenda6ons for the General Residen6al areas, and because it assists with providing a diversity of ownership op6ons in the area while suppor6ng opportuni6es for housing with a range of price points. STRATEGIC PLAN ALIGNMENT: Intelligent Growth & Economic DevelopmentEncourage development of complete communi6es in the unincorporated countyEnsure NHC has appropriate housing to support business growth RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends approval of this applica6on and suggests the following mo6on: I move to APPROVE the proposed rezoning to a (CZD) R-5 district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the project’s density is in-line with the density and housing type recommenda6ons for the General Residen6al place type, and because this proposal will provide an orderly transi6on between the high intensity roadway corridors and the exis6ng residen6al neighborhoods. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the proposal assists with providing a diversity of ownership op6ons in the area while suppor6ng opportuni6es for housing with a range of price points. Alterna6ve Mo6on for Denial I move to DENY the proposed rezoning to a (CZD) R-5 district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the project’s density is in-line with the density and housing type recommenda6ons for the General Residen6al place type, and because this proposal will provide an orderly transi6on between the high intensity roadway corridors and the exis6ng residen6al neighborhoods, I find DENIAL of the rezoning request is reasonable and in the public interest because the proposal is not consistent with the desired character of the surrounding community and the density will adversely impact the adjacent neighborhoods. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Planning Board - August 6, 2020 ITEM: 3 SCRIPT for Conditional Zoning District Application (Z20-14) Request by Design Solutions on behalf of the property owner, Ripwood Company, Inc., to rezone approximately 3.6 acres of land located in the 600 block of Spring Branch Road from R-15, Residential District, to (CZD) R-5, Conditional Moderate-High Density District, in order to develop 22 single-family units. 1. This is a public hearing. We will hear a presentation from staff. Then the applicant and any opponents will each be allowed 15 minutes for their presentation and additional 5 minutes for rebuttal. 2. Conduct Hearing, as follows: a. Staff presentation b. Applicant’s presentation (up to 15 minutes) c. Opponent’s presentation (up to 15 minutes) d. Applicant’s rebuttal (up to 5 minutes) e. Opponent’s rebuttal (up to 5 minutes) 3. Close the public hearing 4. Board discussion 5. Vote on the application. The motion should include a statement saying how the change is, or is not, consistent with the land use plan and why approval or denial of the rezoning request is reasonable and in the public interest. Example Motion of Approval I move to APPROVE the proposed rezoning to a (CZD) R-5 district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the project’s density is in-line with the density and housing type recommendations for the General Residential place type, and because this proposal will provide an orderly transition between the high intensity roadway corridors and the existing residential neighborhoods. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the proposal assists with providing a diversity of ownership options in the area while supporting opportunities for housing with a range of price points. [Optional] Note any conditions to be added to the district. Example Motion of Denial I move to DENY the proposed rezoning to a (CZD) R-5 district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the project’s density is in-line with the density and housing type recommendations for the General Residential place type, and because this proposal will provide an orderly transition between the high intensity roadway corridors and the existing residential neighborhoods, I find DENIAL of the rezoning request is reasonable and in the public interest because the proposal is not consistent with the desired character of the surrounding community and the density will adversely impact the adjacent neighborhoods. Planning Board - August 6, 2020 ITEM: 3 - 1 - 1 Alternative Motion for Approval/Denial: I move to [Approve/Deny] the proposed rezoning to a conditional R-5 district. I find it to be [Consistent/Inconsistent] with the purposes and intent of the Comprehensive Plan because [insert reasons] __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ I also find [Approval/Denial] of the rezoning request is reasonable and in the public interest because [insert reasons] __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ Planning Board - August 6, 2020 ITEM: 3 - 1 - 2 Z20-14 Staff Report PB 8.6.2020 Page 1 of 14 STAFF REPORT FOR Z20-14 CONDITIONAL ZONING DISTRICT APPLICATION APPLICATION SUMMARY Case Number: Z20-14 Request: Rezoning 3.6 acres from R-15 to (CZD) R-5 in order to develop 22 single-family units Applicant: Property Owner(s): Cindee Wolf, Design Solutions Ripwood Company, Inc. Location: Acreage: 600 block of Spring Branch Road 3.6 PID(s): Comp Plan Place Type: R04900-001-014-000 General Residential Existing Land Use: Proposed Land Use: Undeveloped Single-Family Detached Dwellings Current Zoning: Proposed Zoning: R-15 (CZD) R-5 Moderate-High Residential SURROUNDING AREA LAND USE ZONING North Single-Family Residential R-15 East N. College Road Right-of-Way, Single-Family Residential R-15 South MLK Parkway Right-of-Way, Electrical Substation, Corning Industrial (City of Wilmington) West Undeveloped, Single-Family Residential R-15 Planning Board - August 6, 2020 ITEM: 3 - 2 - 1 Z20-14 Staff Report PB 8.6.2020 Page 2 of 14 ZONING HISTORY July 1, 1972 Initially zoned R-15 (Area 9A) COMMUNITY SERVICES Water/Sewer Water and sewer services are available through CFPUA. Specific design will be determined during site plan review. Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire District, New Hanover County Station Murrayville Schools Wrightsboro Elementary, Holly Shelter Middle, and Laney High schools For more information, see the full School statistics below Recreation Kings Grant Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation Conservation resource maps indicate that swamp forest may be present in the southwestern corner of the site, however according to the applicant, there is no evidence of wetlands on the property. The location of any wetlands will be verified during the TRC review process. Historic No known historic resources Archaeological No known archaeological resources Planning Board - August 6, 2020 ITEM: 3 - 2 - 2 Z20-14 Staff Report PB 8.6.2020 Page 3 of 14 APPLICANT’S PROPOSED CONCEPTUAL PLAN  The applicant is proposing to rezone approximately 3.6 acres from R-15 to (CZD) R-5 in order to develop 22 detached single-family homes under the County’s performance residential standards.  The applicant has indicated that the subject property will be subdivided into 22 individual lots. The resultant lots will have the same dimensions as the footprint of each building, and the area outside of each footprint will be dedicated common area in which a Homeowners Association will assume responsibility for maintenance of the open space, recreation facilities, and other common areas within the development.  The conceptual plan shows the homes on either side of a circular drive aisle at the terminus of Spring Branch Drive with driveways large enough for two vehicles for each unit. In addition, there are three visitor parking areas that provide an additional 14 spaces. A 5- foot-wide sidewalk connects the proposed development to the existing Spring View Estates neighborhood to the north.  The subject site is located at the northwest corner of Martin Luther King Jr. Parkway and N. College Road where future NCDOT improvements are planned. To anticipate these improvements, the applicant has shown the area that NCDOT may require for future right- of-way and has designed the site to accommodate the land needed for that project. Additional information is provided in the Transportation Section below. Proposed Conceptual Site Plan with Staff Markups Planning Board - August 6, 2020 ITEM: 3 - 2 - 3 Z20-14 Staff Report PB 8.6.2020 Page 4 of 14 ZONING CONSIDERATIONS  Under the County’s performance residential standards, the subject property would be permitted up to 9 dwelling units at a maximum density of 2.5 dwelling units per acre (du/ac). The applicant is proposing a total of 22 detached single-family dwelling units on 3.6 acres at a net density of 6.11 du/ac, which is about 2 units per acre less than the maximum (8 du/ac) permitted in the R-5 district. R-15 R-5 Proposed CZD Min Lot Size (Conventional) 15,000 sf 5,000 sf N/A Max Density (Performance) 2.5 du/ac (9 total units) 8 du/ac (29 total units) 6.11 du/ac (22 total units) Additional Dwelling Unit Allowance SUP 10.2 du/ac (37 total units) N/A N/A Permitted Housing Types Single-family, mobile home, duplex, townhomes, multi-family Single-family, duplex, townhomes (max 4-units/building) Detached single- family homes Nonresidential Uses ≈ 20 uses w/ SUP (convenience stores, kennels, camping) ≈ 15 uses by-right (wholesale nurseries, stables) ≈ 10 uses w/ SUP (recreation establishments, day care centers) ≈ 10 uses by-right (parks, libraries, churches) N/A AREA SUBDIVISIONS UNDER DEVELOPMENT Planning Board - August 6, 2020 ITEM: 3 - 2 - 4 Z20-14 Staff Report PB 8.6.2020 Page 5 of 14 TRANSPORTATION  Access is provided to the subject property using the internal roads of Spring View Estates. Specifically, via Spring Branch Road (SR 2059) which connects to N. College Road (NC 132/US 117) by way of Spring View Drive (SR 1378) and Kings Drive (SR 2057). Spring View Drive is currently an unsignalized intersection with limited turning movements to enter the neighborhood and exit onto N. College Road. Kings Drive, however, is a signalized intersection allowing traffic to enter and exit the neighborhood from all directions.  Once the two planned roadway projects along MLK and College Road are complete, traffic associated with this development will be required to use the Kings Drive full movement intersection to access the site. Please refer to the Planned Transportation Improvements Section for additional information.  A by-right residential development on the site under the current zoning (R-15) would allow 9 dwelling units, which is estimated to generate about 11 trips in the AM and 10 trips in the PM peak hours. Under the proposed R-5 zoning, 22 detached single-family homes could be constructed on the site, which is estimated to generate about 20 trips in the AM and 24 trips in the PM peak hours. The expected net difference in traffic would be an increase of 9 AM and 14 PM peak trips when compared to current zoning. Planning Board - August 6, 2020 ITEM: 3 - 2 - 5 Z20-14 Staff Report PB 8.6.2020 Page 6 of 14 Intensity Approx. Peak Hour Trips Existing Development: Undeveloped 0 AM / 0 PM Typical Development under Current Zoning: 9 single-family homes 11 AM / 10 PM Proposed Development under Proposed R-5 Zoning: 22 single-family homes 20 AM / 24 PM Net Increase under Proposed R-5 Zoning: – 9 AM / 14 PM  Because there have been no recent traffic impact analyses in the area addressing relevant intersections, staff has provided the volume to capacity ratio for Martin Luther King Jr. Parkway and N. College Road near the subject site. While volume to capacity ratio, based on average daily trips, can provide a general idea of the function of adjacent roadways, the delay vehicles take in seconds to pass through intersections is generally considered a more effective measure when determining the Level of Service of a roadway. The peak hour traffic estimated to be generated by this proposal represents less than 1% of the capacity of the large adjacent limited access highways and is not expected to have a noticeable impact on those roads. NCDOT Average Annual Daily Traffic (AADT) - 2018 Road Location Volume Capacity V/C MLK Parkway East of N. College Road 26,500 34,600 0.77 West of N. College Road 36,500 34,600 1.06 N. College Road North of MLK Parkway 45,500 53,000 0.86 South of MLK Parkway 38,500 53,000 0.73 Planning Board - August 6, 2020 ITEM: 3 - 2 - 6 Z20-14 Staff Report PB 8.6.2020 Page 7 of 14 Nearby Planned Transportation Improvements and Traffic Impact Analyses Nearby Traffic Impact Analyses: There are no pending or recently approved Traffic Impact Analyses within the 1-mile radius of the subject property that include improvements that affect this proposal. Nearby NC STIP Projects:  U-5792 (College/MLK Interchange) & U-5881 (College Road Improvements) o The NC State Transportation Improvement Program includes two projects (U-5792 & U-5881) that will upgrade College Road from Gordon Road to New Centre Drive. NCDOT’s recommended plans for these projects include converting certain intersections along College Road into interchanges, including at MLK Parkway and Kings Drive. The current preliminary plans for the roadway project show that additional right-of-way will likely be required from the subject site. o The production schedule for the College/MLK Interchange and College Road Improvements projects were to begin right-of-way acquisition in 2024 and 2025, Planning Board - August 6, 2020 ITEM: 3 - 2 - 7 Z20-14 Staff Report PB 8.6.2020 Page 8 of 14 respectively, and bidding of the projects in 2026 and 2028, respectively. However, both of these projects are currently on hold for the foreseeable future. o According to preliminary plans, the STIP projects will also close existing accessways to N. College Road. Specifically, Spring View Drive and Kings Grant Road will be converted into cul-de-sacs, and Kenningston Street will be converted into a right- in/right-out intersection that directs traffic towards Kings Drive without entering N. College Road. Traffic from the existing neighborhoods would have to utilize Kings Drive to access N. College Road. This intersection will be converted to an interchange in order to accommodate the additional traffic. The interchange is currently designed with N. College Road overpassing the intersection with a roundabout installed under the bridge, which will allow for the existing signal at the intersection to be removed, permitting free flow east and west movements. Future Improvements  According to the Build Capacity Analysis Report for the College/MLK Interchange and College Road Improvement projects, which considered an annual approximate 2% increase in traffic volumes to the year 2040, the intersections of both N. College Road/Martin Luther King Jr. Parkway and N. College Road/Kings Drive are expected to operate at or above acceptable Levels of Service during the AM and PM peak hours once the improvements are constructed. In addition, the Kings Drive roundabout is also expected to operate at or above an acceptable Level of Service in both the AM and PM peak hours. Proposed NCDOT Improvements Along N. College Road (STIP U-5792 & U-5881): *Based upon 15% Plans that are preliminary and subject to change Planning Board - August 6, 2020 ITEM: 3 - 2 - 8 Z20-14 Staff Report PB 8.6.2020 Page 9 of 14 SCHOOLS  Students generated from this development would be assigned to Wrightsboro Elementary, Holly Shelter Middle, and Laney High schools. Students may apply to attend public magnet, year-round elementary, or specialty high schools.  Nine dwelling units would be permitted under the current R-15 zoning base density, and 22 units would be allowed under the proposed zoning for an increase of 13 dwelling homes.  Based on average student generation rates,* there are an average of 0.24 public school students (0.11 for elementary, 0.05 for middle, and 0.08 for high) generated per dwelling unit across New Hanover County. The proposed development can be estimated to generate 5.3 (2.4 elementary, 1.2 middle, and 1.7 high) students, which is approximately 3.1 more than if developed under existing zoning. Development Type Intensity Estimated Student Generation Existing Development Undeveloped Total: 0 (0 elementary, 0 middle, 0 high Typical Development under Current Zoning 9 residential units Total: 2.2 (1.0 elementary, 0.5 middle, 0.7 high) Proposed Development under Proposed (CZD) R-5 Zoning 22 residential units Total: 5.3 (2.4 elementary, 1.2 middle, 1.7 high) *Average student generation rates are calculated by dividing the projected New Hanover County public school student enrollment for the 2020-2021 school year by the estimated number of dwelling units in the county. While different housing types and different locations typically yield different numbers of students, these average generation rates can provide a general guide for the number of students to anticipate. Total projected student enrollment was used, which includes students attending out-of-district specialty schools, such as year-round elementary schools, Isaac Bear, and SeaTECH. School Enrollment* and Capacity**—2021-2022 Estimates *Enrollment is based on projected New Hanover County Schools enrollment for the 2020-2021 school year. **Capacity calculations were determined by New Hanover County Schools for the 2020-2021 school year and are based on NC DPI Facility Guidelines & Class Size Requirements. Modifications refer to specific program requirements unique to a particular school. These may include exceptional children’s classrooms beyond the original building design; classrooms to serve a unique population such as ESL; or classrooms designated for art and music if the building wasn’t specifically designed with those spaces. Level Total NHC % Capacity School Enrollment of Assigned School Capacity of Assigned School w/ Portables % of Capacity of Assigned School Funded Capacity Upgrades Elementary 97% Wrightsboro 547 564 97% None Middle 107% Holly Shelter 917 934 98% None High 105% Laney 2,063 1,903 108% None Planning Board - August 6, 2020 ITEM: 3 - 2 - 9 Z20-14 Staff Report PB 8.6.2020 Page 10 of 14 ENVIRONMENTAL  A small portion of the southwestern portion of the property, approximately 2,900 square feet in area, is within the AE Special Flood Hazard Area, however, no buildings are proposed within this area.  The property does not contain any Natural Heritage Areas.  The property is within the Smith Creek (C;Sw) watershed.  Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class II (moderate limitation) and Class IV (unsuitable) soils. However, the subject site will be served by public water and sewer. CONTEXT AND COMPATIBILITY  The property is located at the southern end of Spring Branch Road which is a residential collector road that serves as the connecting street between local residential roads and the thoroughfare system.  The development is designed like a traditional detached single-family neighborhood with driveways and one-car garages. However, ownership will be structured similar to a townhome project where residents will own the land beneath the house and a small yard while the remainder of the site will be in common ownership.  The site is located adjacent to an established residential neighborhood at the northwest corner of Martin Luther King Jr. Parkway and North College Road.  The proposed detached homes will be two stories but are restricted to the same maximum 35-foot height that applies to the existing and adjacent areas zoned R-15.  Although the homes will be on smaller lots than the nearby neighborhoods, they are detached single-family homes, functioning as a transition from the high intensity adjacent highways to the existing homes. Representative Detached Single-Family Developments in R-5: Smith Creek Village on New Centre Drive Avenir off Greenville Loop Road near Kerr Avenue near Pine Grove Drive Planning Board - August 6, 2020 ITEM: 3 - 2 - 10 Z20-14 Staff Report PB 8.6.2020 Page 11 of 14 Avenir Representative Developments in R-15: Kings Grant Spring View Estates Planning Board - August 6, 2020 ITEM: 3 - 2 - 11 Z20-14 Staff Report PB 8.6.2020 Page 12 of 14 Spring View Estates 2016 COMPREHENSIVE LAND USE PLAN The New Hanover County Future Land Use Map provides a general representation of the vision for New Hanover County’s future land use, as designated by place types describing the character and function of the different types of development that make up the community. These place types are intended to identify general areas for particular development patterns and should not be interpreted as being parcel specific. Planning Board - August 6, 2020 ITEM: 3 - 2 - 12 Z20-14 Staff Report PB 8.6.2020 Page 13 of 14 Future Land Use Map Place Type General Residential Place Type Description Focuses on lower-density housing and associated civic and commercial services. Typically, housing is single-family or duplexes. Commercial uses should be limited to strategically located office and retail spaces, while recreation and school facilities are encouraged throughout. Types of uses include single-family residential, low-density multi-family residential, light commercial, civic, and recreational. Analysis The General Residential place type provides opportunities for lower- density housing (up to approximately eight units per acre) and associated civic and commercial services. The overall project density of 6.1 units per acre for the proposed development is in-line with the preferred density range for the General Residential place type. The subject property is located between the residential Spring View neighborhood and the intersection of N. College Road and Martin Luther King Jr. Parkway where a future NCDOT project is planned. This road project will have a major impact on the area, converting certain intersections along College Road into interchanges, closing existing access ways to N. College Road, and converting Spring View Drive into a cul-de-sac. The design of the proposed project supports the transitional nature of this development, clustering the new single-family homes to provide a buffer from the high intensity roadways and future road design while maintaining compatibility with the existing residences. In addition, the building footprints outlined in the conceptual plan are set back further from property lines shared with the existing neighborhood than required by the ordinance. The Comprehensive Plan indicates that a variety of housing types such as single family residential and duplexes are typical in the General Residential place type. The proposed single-family development will provide an orderly transition between the high intensity roadway corridors and the existing residential neighborhood while offering a diversity of ownership structure. Consistency Recommendation The proposed CZD R-5 rezoning is generally CONSISTENT with the Comprehensive Plan because the project’s density is in line with the density and housing type recommendations for the General Residential areas. The project provides an orderly transition between the high intensity roadway corridors and the existing residential neighborhood. Planning Board - August 6, 2020 ITEM: 3 - 2 - 13 Z20-14 Staff Report PB 8.6.2020 Page 14 of 14 STAFF RECOMMENDATION The proposed (CZD) R-5 rezoning is generally CONSISTENT with the 2016 Comprehensive Plan because the proposed number of units is in-line with the recommended densities in the General Residential place type and the lower-density residential development would provide an orderly transition between the high intensity roadway corridors and the existing residential neighborhoods. Therefore, staff recommends approval of this application and suggests the following motion: I move to APPROVE the proposed rezoning to a (CZD) R-5 district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the project’s density is in-line with the density and housing type recommendations for the General Residential place type, and because this proposal will provide an orderly transition between the high intensity roadway corridors and the existing residential neighborhoods. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the proposal assists with providing a diversity of ownership options in the area while supporting opportunities for housing with a range of price points. Alternative Motion for Denial I move to DENY the proposed rezoning to a (CZD) R-5 district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the project’s density is in-line with the density and housing type recommendations for the General Residential place type, and because this proposal will provide an orderly transition between the high intensity roadway corridors and the existing residential neighborhoods, I find DENIAL of the rezoning request is reasonable and in the public interest because the proposal is not consistent with the desired character of the surrounding community and the density will adversely impact the adjacent neighborhoods. Planning Board - August 6, 2020 ITEM: 3 - 2 - 14 Planning Board - August 6, 2020 ITEM: 3 - 3 - 1 Planning Board - August 6, 2020 ITEM: 3 - 4 - 1 Planning Board - August 6, 2020 ITEM: 3 - 5 - 1 APPLICANT MATERIALS Planning Board - August 6, 2020 ITEM: 3 - 6 - 1 Planning Board - August 6, 2020 ITEM: 3 - 6 - 2 Planning Board - August 6, 2020 ITEM: 3 - 7 - 1 Page 4 of 7 Conditional Zoning District Application – Updated 5/2017 Proposed Zoning, Use(s), & Narrative Proposed Conditional Zoning District: ______________________ Total Acreage of Proposed District: __________ Only uses allowed by right in the corresponding General Use District are eligible for consideration within a Conditional Zoning District. Please list the uses that will be allowed within the proposed Conditional Zoning District, the purpose of the district, and a project narrative (please provide additional pages if needed). ________________________________________________________ ________________________________________________________ ________________________________________________________ ________________________________________________________ ________________________________________________________ ________________________________________________________ ________________________________________________________ ________________________________________________________ ________________________________________________________ ________________________________________________________ ________________________________________________________ ________________________________________________________ ________________________________________________________ ________________________________________________________ Proposed Condition(s) Within a Conditional Zoning District, additional conditions and requirements which represent greater restrictions on the development and use of the property than the corresponding General Use District regulations may be added. These conditions may assist in mitigating the impacts the proposed development may have on the surrounding community. Please list any conditions proposed to be placed on the Conditional Zoning District below. Staff, the Planning Board, and Board of Commissioners may propose additional conditions during the review process. ________________________________________________________ ________________________________________________________ ________________________________________________________ ________________________________________________________ ________________________________________________________ ________________________________________________________ ________________________________________________________ (CZD)R-5 3.60 AC. The purpose of the R-5 district is to encourage medium density development where adequate services are already available. Single-family and individually-owned, detached-townhome housing is permitted in the residential districts by performance development standards. The style of development adds an alternative housing option in this area of the County that has historically been limited to single-family homes on larger lots. Reference the site plan for project layout. All landscaping requirements for an attached housing project would be applied to add shading, visual interest and aesthetic quality. Planning Board - August 6, 2020 ITEM: 3 - 7 - 2 Page 5 of 7 Conditional Zoning District Application – Updated 5/2017 Traffic Impact Please provide the estimated number of trips generated for the proposed use(s) based off the most recent version of the Institute of Transportation Engineers (ITE) Trip Generation Manual. A Traffic Impact Analysis (TIA) must be completed for all proposed developments that generate more than 100 peak hour trips, and the TIA must be included with this application. ITE Land Use: _________________________________________________________________________________ Trip Generation Use and Variable (gross floor area, dwelling units, etc.): __________________________________ AM Peak Hour Trips: ___________________________ PM Peak Hour Trips: ______________________________ CONSIDERATION OF A CONDITIONAL ZONING DISTRICT The Conditional Zoning District procedure is established to address situations where a particular land use would be consistent with the New Hanover County Land Use Plan and the Zoning Ordinance objective and where only a specific use or uses is proposed. The procedure is intended primarily for use with transitions between zoning districts of very dissimilar character where a particular use or uses, with restrictive conditions to safeguard adjacent land uses, can create a more orderly transition benefiting all affected parties and the community-at-large. The applicant must explain, with reference to attached plans (where applicable), how the proposed Conditional Use Zoning District meets the following criteria. 1. How would the requested change be consistent with the County’s policies for growth and development? (For example: the Comprehensive Plan and applicable small area plans) _____________________________________________________ _____________________________________________________ _____________________________________________________ _____________________________________________________ 2. How would the requested Conditional Zoning District be consistent with the property’s classification on the Future Land Use Map located within the Comprehensive Plan? _____________________________________________________ _____________________________________________________ _____________________________________________________ _____________________________________________________ 3. What significant neighborhood changes have occurred to make the original zoning inappropriate, or how is the land involved unsuitable for the uses permitted under the existing zoning? _____________________________________________________ _____________________________________________________ _____________________________________________________ _____________________________________________________ 210 - Single-family Homes PER DWELLLING UNIT @ 22 UNITS 17 22 The policies for growth and development encourage safe and affordable housing to be available to every citizen. Sustainability of the County depends on sensible in-fill and maximizing use of lands already accessible to urban services. Increased density of development not only adds to the tax base, but makes better use of the existing infrastructure. Rezoning this property for moderate density provides alternative housing opportunities in an area that already has public services available to it. Clustering by performance standards allows for more open common area. Since the original Spring View neighborhood was created, the construction of I-40 as an extension of N College Road, and of MLK Parkway, has made this vicinity more attractive for housing opportunities because of the increased ease of commuting from home to jobs and services. Adding modest increase of density for new development is not uncommon. Planning Board - August 6, 2020 ITEM: 3 - 7 - 3 Page 6 of 7 Conditional Zoning District Application – Updated 5/2017 APPLICATION REQUIREMENTS Staff will use the following checklist to determine the completeness of your application. Please verify all of the listed items are included and confirm by initialing under “Applicant Initial”. If an item is not applicable, mark as “N/A”. Applications must be complete in order to process for further review. Required Information Applicant Initial Staff Initial 1 Complete Conditional Zoning District application. 2 Application fee – ($600 for 5 acres or less, $700 for more than 5 acres. An additional $300 fee must be provided for applications requiring TRC review). 3 Community meeting written summary. 4 Traffic impact analysis (for uses that generate more than 100 peak hour trips). 5 Legal description (by metes and bounds) or recorded survey Map Book and Page reference of the property requested for rezoning. 6 Site Plan including the following elements: x Tract boundaries and total area, location of adjoining parcels and roads. x Proposed use of land, structures and other improvements. For residential uses, this shall include number, height and type of units and area to be occupied by each structure and/or subdivided boundaries. For non- residential uses, this shall include approximate square footage and height of each structure, an outline of the area it will occupy and the specific purpose for which it will be used. x Development schedule including proposed phasing. x Traffic and Parking Plan to include a statement of impact concerning local traffic near the tract, proposed right-of-way dedication, plans for access to and from the tract, location, width and right-of-way for internal streets and location, arrangement and access provision for parking areas. x All existing and proposed easements, reservations, required setbacks, rights-of-way, buffering and signage. x The one hundred (100) year floodplain line, if applicable. x Location and sizing of trees required to be protected under Section 62 of the Zoning Ordinance. x Any additional conditions and requirements, which represent greater restrictions on development and use of the tract than the corresponding General Use District regulations or other limitations on land which may be regulated by State law or Local Ordinance. x Any other information that will facilitate review of the proposed change (Ref. Article VII, as applicable). 7 1 hard copy of ALL documents AND 8 hard copies of the site plan. Additional hard copies may be required by staff depending on the size of the document/site plan. 8 1 PDF digital copy of ALL documents AND plans. CAW CAW CAW N/A CAW CAW CAW CAW Planning Board - August 6, 2020 ITEM: 3 - 7 - 4 Planning Board - August 6, 2020 ITEM: 3 - 7 - 5 Legal Description for Conditional Zoning District Beginning at a point along the eastern boundary of Spring Branch Road, a 60’ public right‐of‐ way; said point being at the southwestern corner of “Lot 13 – Spring View / Section 2,” a division recorded among the land records of the New Hanover County Registry in Map Book 8, at Page 50; and running thence: South 79043’ East, 192.38 feet to a point; thence South 10017’ West, 463.00 feet to a point in the northern boundary of Martin Luther King Parkway, a public right‐of‐way; thence with that right‐of‐way, North 83050’25” West, 382.12 feet to a point; thence leaving the right‐of‐way, North 07028’31” East, 286.91 feet to a point; thence North 03043’ West, 36.00 feet to a point; thence North 86017’ East, 240.00 feet to a point in the eastern boundary of the terminus of Spring Branch Road; thence with that eastern right‐of‐way, North 03043’ West, 32.00 feet to a point; thence Along a curve to the right, having a Radius of 537.13 feet and Length of 81.03 feet, a Chord of North 00036’28” East, 81.01 feet to the point and place of beginning, containing 3.60 acres, more or less. Planning Board - August 6, 2020 ITEM: 3 - 7 - 6 Planning Board - August 6, 2020ITEM: 3- 7 - 7 Planning Board - August 6, 2020ITEM: 3- 7 - 8 Planning Board - August 6, 2020ITEM: 3- 7 - 9 Planning Board - August 6, 2020 ITEM: 3 - 7 - 10 REPORT OF COMMUNITY MEETING NOTIFIACTION BY NEW HANOVER COUNTY ZONING ORIDINANCE FOR CONDITIONAL DISTRICT REZONINGS Project Name: Spring Ridge Proposed Zoning: R-15 to (CZD) R-5 The undersigned hereby certifies that written notice of a project proposal and an exhibit of the site layout for the above proposed zoning application was sent to the adjacent property owners set forth on the attached list by first class mail, and provided to the Planning Department for notice of the Sunshine List on June 26, 2020. The mailing gave the recipients opportunity to contact us with questions or comments via telephone or email. Copies of the written notices and the site layout are attached. The persons responding were: Reference attached list of contacts received from calls and emails. Date: July 8, 2020 Applicant: Design Solutions By: Cindee Wolf Planning Board - August 6, 2020 ITEM: 3 - 7 - 11 Community Contact List Spring Ridge Community Name Address Email (Optional) Michael Blanchard 4642 Riplee Dr blanchardprod@bellsouth.net Cindee Wolf Project Planner cwolf@lobodemar.biz Planning Board - August 6, 2020 ITEM: 3 - 7 - 12 Planning Board - August 6, 2020ITEM: 3- 7 - 13 PROPERTY OWNER MAILING ADDRESS CITY / STATE / ZIP SITUS LOCATIONALDERMAN DANIEL G JR CAROLYN S 4637 RIPLEE DR WILMINGTON, NC 28405 4637 RIPLEE DR WILMINGTONALLEN CHARLES 4701 MILFORD RD WILMINGTON, NC 28405 4701 MILFORD RD WILMINGTONBLANCHARD MICHAEL DEBORAH A 4922 NORTHEASTERN DR WILMINGTON, NC 28409 4642 RIPLEE DR WILMINGTONBLASZKA WILLIAM ETAL 626 COLLEGE RD N WILMINGTON, NC 28405 626 COLLEGE RD N WILMINGTONBREWER JERRY JASON JR ETAL 4638 RIPLEE DR WILMINGTON, NC 28405 4638 RIPLEE DR WILMINGTONBYSTROM LAUREN L CARL E 639 SPRING BRANCH RD WILMINGTON, NC 28405 639 SPRING BRANCH RD WILMINGTONCAPE COTTAGES HOA INC 2002 EASTWOOD RD #202 WILMINGTON, NC 28405 705 SUMMERTIME LN WILMINGTONCHESTNUT STREET PARTNERS LP 1 MUSCOGEE AVE NW ATLANTA, GA 30305 620 COLLEGE RD N WILMINGTONCHESTNUT STREET PARTNERS LP 1 MUSOGEE AVE NW ATLANTA, GA 30305 616 COLLEGE RD N WILMINGTONCORBETT JOSEPH N BRENDA D 632 SPRING BRANCH RD WILMINGTON, NC 28405 632 SPRING BRANCH RD WILMINGTONCORNING INCORPORATED 1 RIVERFRONT PLZ COARNING, NY 14831 521 COLLEGE RD N WILMINGTONCOSTIN EBERN MARGARET REV LIV TR 4622 SPRING VIEW DR WILMINGTON, NC 28405 4622 SPRING VIEW DR WILMINGTONDODSON LIONEL A LEILA H 4649 SPRING VIEW DR WILMINGTON, NC 28405 4649 SPRING VIEW DR WILMINGTONDOVER CLARENCE W SHIRLEY M 701 COLLEGE RD N WILMINGTON, NC 28405 701 COLLEGE RD N WILMINGTONFANTAUZZI SIGFREDO A 4706 MILFORD RD WILMINGTON, NC 28405 4706 MILFORD RD WILMINGTONFOSTER MARK JOSEPH 4634 RIPLEE DR WILMINGTON, NC 28405 4634 RIPLEE DR WILMINGTONHOWARD LOUIS J JR JOHNNIE C 4633 RIPLEE DR WILMINGTON, NC 28405 4633 RIPLEE DR WILMINGTONHUFHAM CHRISTOPHER D ROBIN A 4622 RIPLEE DR WILMINGTON, NC 28405 4622 RIPLEE DR WILMINGTONKENNEDY ELBERT H FAY M 4629 RIPLEE DR WILMINGTON, NC 28405 4629 RIPLEE DR WILMINGTONKEYS STEPHEN M 4617 RIPLEE DR WILMINGTON, NC 28405 4617 RIPLEE DR WILMINGTONMCCOY WINFRED S 117 MARSH FIELD DR WILMINGTON, NC 28411 4621 RIPLEE DR WILMINGTONMESSER TOM E NANCY VIVIAN 640 SPRING BRANCH RD WILMINGTON, NC 28405 640 SPRING BRANCH RD WILMINGTONMOORE JERRY E TRACY G 4702 MILFORD RD WILMINGTON, NC 28405 4702 MILFORD RD WILMINGTONNORRIS CARLYLE T LIFE ESTATE 4209 EDNA BUCK RD CASTLE HAYNE, NC 28429 635 COLLEGE RD N WILMINGTONNYGREN ERIC N 530 STARMOUNT LN HENDERSONVILLE, NC 28791 4626 SPRING VIEW DR WILMINGTONOXENDINE DAWN M ETAL 4630 RIPLEE DR WILMINGTON, NC 28405 4630 RIPLEE DR WILMINGTONPARHAM NECIE L LIFE ESTATE 639 COLLEGE RD N WILMINGTON, NC 28405 639 COLLEGE RD N WILMINGTONPEPPIN DORIS WATSON ETAL 1181 CARLTON CT APT 104 FORT PIERCE, FL 34949 701 SPRING BRANCH RD WILMINGTONPETERSON CHARLES L GEORGIA 4626 RIPLEE DR WILMINGTON, NC 28405 4626 RIPLEE DR WILMINGTONPOLLARD PATRICIA D LESLIE WALT4703 HAMMOCK PL WILMINGTON, NC 28409 636 SPRING BRANCH RD WILMINGTONROOKER MARK F 3304 DOUGHER CT WAKE FOREST, NC 27587 4630 SPRING VIEW DR WILMINGTONROURK ROBERT I ANNA JANICKI PO BOX 749 REIDSVILLE, NC 27323 4634 SPRING VIEW DR WILMINGTONSMITH SHARON D JON MICHAEL 4633 SPRING VIEW DR WILMINGTON, NC 28405 4633 SPRING VIEW DR WILMINGTON SPIER ERIC A 631 SPRING BRANCH RD WILMINGTON, NC 28405 631 SPRING BRANCH RD WILMINGTONSUGGS ALVY JAMES JULIA 628 COLLEGE RD N WILMINGTON, NC 28405 628 COLLEGE RD N WILMINGTONSUMMERS DIANE H 4625 RIPLEE DR WILMINGTON, NC 28405 4625 RIPLEE DR WILMINGTONTURNER WILLIAM L 4629 SPRING VIEW DR WILMINGTON, NC 28405 4629 SPRING VIEW DRVANN RACHEL S 105 HERMITAGE RD CASTLE HAYNE, NC 28429 631 COLLEGE RD N WILMINGTONWILLIAMS JEFFREY TOD 4638 SPRING VIEW DR WILMINGTON, NC 28405 4638 SPRING VIEW DR WILMINGTONWILMINGTON CITY OF PO BOX 1810 WILMINGTON, NC 28402 575 COLLEGE RD N WILMINGTONPlanning Board - August 6, 2020ITEM: 3- 7 - 14 June 30, 2020 To: Spring View Property Owners From: Cindee Wolf Re: Ripwood Future Development The 3.6‐acre tract at the end of Spring Branch Road has never been a part of any of the secƟons recorded for Spring View Subdivision. The tract as it exists, and as zoned in the R‐15 district, can be developed by‐right of the New Hanover County Uniﬁed Development Code, with up to nine residenƟal housing units. AŌer a thorough Ɵtle search by an AƩorney, it has also been conﬁrmed that this land is not subject whatsoever to the DeclaraƟon of Covenants that have applied to the lots created as part of that neighborhood. Other than 20’ setbacks and a maximum height of 35’, there is no dictate over the size of lots, type of structure(s) or style of architecture. Those units could be nine detached homes, nine townhomes or even nine apartment units in a single building in ac‐ cordance with the County’s Performance Development standard. The difference with a CondiƟonal Zoning District rezoning is that a parƟcular use can be established with speciﬁc standards and condiƟons pertaining to the individual develop‐ ment project. EssenƟally, even though the density would be increased to some extent, there is a surety on the type of housing product, the layout and the improvements. This land will be developed in the near future. The County’s Comprehensive Land Use Plan recommends that increased density is appropriate for this tract, and sustainability of the County depends on sensible in‐ﬁll. Based on the comments voiced during previous meeƟngs, the Owner is willing to commit to twenty‐two (22) single‐family homes as shown on the following plan. It is obviously more density than the nine units currently permiƩed, but offers assurances of the housing type, the layout and the improvements. We believe that this proposed community would be the most posiƟve addiƟon to the Spring View neighborhood. Map Book 8 / Page 50 Planning Board - August 6, 2020 ITEM: 3 - 7 - 15 We intend to make a new submiƩal and want to give neighbors another opportunity for explanaƟon of the proposal, and for quesƟons to be answered concerning project improvements, beneﬁts, and impacts. Due to the current COVID‐19 issue, a meeƟng cannot be held at this Ɵme. In lieu of that, you can contact me with comments or quesƟons at: Telephone: 910‐620‐2374, or Email: cwolf@lobodemar.biz We can also set up an on‐line meeƟng for a forum with mulƟple parƟes if requested. Please let me know if you are interested in that alternaƟve and arrangements will be made. All contact, comments, concerns, and recommendaƟons will be recorded in a report delivered to the County along with a rezoning applicaƟon. Prior to this project being reviewed by the Planning Board & Commissioners, you will receive subsequent noƟces of those agendas directly from the County. Those meeƟngs provide public hearings for comment on any issues perƟnent to approval of the proposal. Planning Board - August 6, 2020 ITEM: 3 - 7 - 16 PROPOSED SITE PLAN Planning Board - August 6, 2020 ITEM: 3 - 8 - 1 Planning Board - August 6, 2020 ITEM: 3 - 8 - 2 Planning Board - August 6, 2020 ITEM: 3 - 9 - 1 NEW HANOVER COUNTY PLANNING BOARD REQUEST FOR BOARD ACTION MEETING DATE: 8/6/2020 Regular DEPARTMENT: Planning PRESENTER(S): Gideon Smith, Current Planner CONTACT(S): Gideon Smith, Current Planner; Brad Schuler; and Wayne Clark, Planning and Land Use Director SUBJECT: Quasi-Judicial Hearing Special Use Permit Request (S20-03) – Request by Anna Bessellieu McCauley on behalf of the property owner, Frances Boney Bessellieu Revocable Trust, for a Special Use Permit to operate an outdoor recrea;on establishment (wedding venue) within the R-15, Residen;al District, located at 175 Whipporwill Lane. BRIEF SUMMARY: The applicant is seeking to obtain a special use permit to operate an outdoor recrea"on establishment (wedding venue) in the R-15 zoning district. According to the owner, the venue, Marker 137, has been providing wedding services at the subject site since about 2014. The County recently received a complaint regarding the venue from a nearby resident. Zoning Enforcement staff research indicates that the venue never received proper zoning approvals for this use. There are no prior complaint records and due to the remote loca"on of the site, lack of signage, and limited opera"on, staff was unaware of this use at this loca"on un"l the recent complaint. County staff then informed the property owner of the viola"on and that a SUP would be required to con"nue opera"on of the venue. The Unified Development Ordinance (UDO) does not include a specific use designa"on for wedding venues or private event venues so this use has been classified as “outdoor recrea"on” which is the most similar use in the UDO. As proposed, the wedding venue will provide a loca"on for wedding ceremonies and recep"ons to take place on Fridays, Saturdays, or Sundays with all music ending no later than 10:00 pm. In addi"on, the applicant proposes to limit the total number of weddings to a maximum of 16 events throughout the year. Depending on the venue’s schedule, mul"ple weddings may take place during the same month, however, the venue will be limited to one event per week. The applicant has indicated that an average of about 125 guests aCend the ceremonies that typically begin between 4:00 pm and 5:00 pm. Overall, each event lasts between 5 and 6 hours and the applicant indicated that all guests and wedding par"es are typically off the site by 11:00 pm. However, there is no specific deadline when all guests and wedding par"es must be off the site. Prior to each event, the applicant schedules and coordinates the arrival of all vendors, including tent and supplies, ligh"ng, portable toilets, music, and caterers. For a Saturday event, the tent vendors generally arrive on Thursday aEernoon to set up which takes about 4 hours. The ligh"ng and portable toilet vendors arrive at the site the day before the event (Friday) in order to have the site ready before the wedding party or guests arrive. The caterers and music vendors arrive about 2 hours before any ceremony. All vendors and equipment are removed from the site the day following each event. In addi"on to the vendors, the applicant an"cipates that the wedding guests will arrive between thirty minutes to one hour before any wedding ceremony. With an average of 125 guests per event, the applicant an"cipates that some Planning Board - August 6, 2020 ITEM: 4 guests will either drive or carpool in personal vehicles and park on site and some will u"lize a private transporta"on service like Uber or LyE. Due to the general nature of weddings, all guests do not remain at the wedding venue for the en"re dura"on of the event. Traffic exi"ng the site following the ceremony is es"mated to be staggered from around 6:00 pm to 11:00 pm. Access is provided to the subject property by Whipporwill Lane (SR 1518), which is approximately 2,200 feet in length from Masonboro Loop Road to the subject property’s driveway. About 90% of the road is paved and maintained by NCDOT. The site’s driveway is located approximately 175 feet beyond the State maintained segment of Whipporwill Lane. The ITE Trip Genera"on Manual does not specifically address wedding venues or provide trip genera"on es"mates for that specific use. Based upon informa"on provided by the WMPO, a church is a similar use due to services taking place primarily on weekends with specific schedules for each service. Applying the church classifica"on to a wedding venue with 125 guests, it would be expected to generate about 150 daily trips on the day of an event. The trips would be dispersed over the dura"on of the event and would not be expected to exceed 100 trips in the peak hour. However, the highest volume of traffic would likely be in the hour before the event start "me. All of the traffic is likely to travel along Whipporwill Lane, which is a local street that is not typically expected to handle event-level traffic volumes. Music is typically played for about 3 hours following wedding ceremonies. The applicant states she alternates the loca"on of the music vendors for each event in an effort to change the direc"on of the sound and provide relief to the surrounding neighbors. There is an exis"ng 30 to 50-foot-wide natural wooded area along the northern property boundary that provides some buffer for the sound. Larger events located within residen"al areas such as garage sales, holiday par"es, and other family par"es are typically limited in dura"on, scale, and scope. These types of events are oEen scheduled intermiCently throughout the year and are less likely to take place on a weekly, or even monthly basis. The General Residen"al place type allows for strategically located office and retail spaces in order to provide basic goods and services for nearby residents. These types of commercial uses would typically be located on the edges of neighborhoods or in loca"ons with direct access to arterial or collector roadways to limit non-residen"al traffic. The loca"on of the requested use in an established single-family neighborhood may contribute to impacts not typically associated with residen"al uses or areas. While the event venue could provide a service to the county residents, this type of venue typically aCracts guests from outside the local Masonboro community and does not provide a direct service or benefit to the surrounding neighborhood or contribute to its residen"al character. STRATEGIC PLAN ALIGNMENT: Intelligent Growth & Economic DevelopmentEncourage development of complete communi"es in the unincorporated countyEnsure NHC has appropriate housing to support business growth RECOMMENDED MOTION AND REQUESTED ACTIONS: Example Mo;on for Approval: Mo"on to recommend approval, as the Board finds that this applica"on for a Special Use Permit meets the four required conclusions based on the findings of fact included in the Staff Report. Planning Board - August 6, 2020 ITEM: 4 [OPTIONAL]Note any addi"onal findings of fact related to the four required conclusions. [OPTIONAL] Note any condi"ons be added to the development: [List Condions] 1. The wedding venue shall be limited to a maximum of 16 events per calendar year with all events taking place on Fridays, Saturdays, or Sundays. 2. The wedding venue shall not allow any music to be played later than 10:00 pm. 3. All parking shall be contained within the subject property and no on-street parking shall be permiCed along Whipporwill Lane or New Jack Road. 4. The property owner or venue operator shall no"fy all property owners with street addresses along Whipporwill Lane and Sound View Drive prior to any event taking place on the property. Example Mo;on for Denial: Mo"on to recommend denial, as the Board cannot find that this proposal: 1. Will not materially endanger the public health or safety; 2. Meets all required condi"ons and specifica"ons of the Unified Development Ordinance; 3. Will not substan"ally injure the value of adjoining or abuPng property; 4. Will be in harmony with the area in which it is to be located and in general conformity with the Comprehensive Land Use Plan for New Hanover County. [State the finding(s) that the applicaon does not meet and include reasons why it is not being met] COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Planning Board - August 6, 2020 ITEM: 4 SCRIPT for SPECIAL USE PERMIT Application (S20-03) Request by Anna Bessellieu McCauley on behalf of the property owner, Frances Boney Bessellieu Revocable Trust, for a Special Use Permit to operate an outdoor recreation establishment (wedding venue) within the R- 15, Residential District, located at 175 Whipporwill Lane. 1. Swear witnesses: Announce that “the Special Use Permit process requires a quasi-judicial hearing; therefore, any person wishing to testify must be sworn in. All persons who signed in to speak and wish to present competent and material testimony please step forward to be sworn in. Thank you.” 2. This is a quasi-judicial hearing. We will hear a presentation from staff. Then the applicant and any opponents will each be allowed 15 minutes for their presentation and additional 5 minutes for rebuttal. 3. Conduct hearing, as follows: a. Staff presentation b. Applicant’ s presentation (up to 15 minutes) c. Opponent’s presentation (up to 15 minutes) d. Applicant’s cross examination/rebuttal (up to 5 minutes) e. Opponent’s cross examination/rebuttal (up to 5 minutes) 4. Close the hearing 5. Board discussion 6. Ask Applicant whether he/she agrees with staff findings. 7. Vote on the Special Use Permit application. Motion to approve the permit - All findings are positive. Motion to approve the permit, subject to conditions specified below: (State Conditions) ___________________________________________________________________________ ___________________________________________________________________________ Motion to deny the permit because the Board cannot find: a. That the use will not materially endanger the public health or safety if located where proposed for the following reason: ________________________________________________________________________ ________________________________________________________________________ b. That the use meets all required condition and specifications: ________________________________________________________________________ ________________________________________________________________________ c. That the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity: ________________________________________________________________________ ________________________________________________________________________ Planning Board - August 6, 2020 ITEM: 4 - 1 - 1 d. That the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the Comprehensive Land Use Plan for New Hanover County: ________________________________________________________________________ ________________________________________________________________________ Example Motion for Approval: Motion to approve, as the Board finds that this application for a Special Use Permit meets the four required conclusions based on the findings of fact included in the Staff Report. [OPTIONAL] Note any additional findings of fact related to the four required conclusions. [OPTIONAL] Also, that the following conditions be added to the development: Suggested Condition: 1. The wedding venue shall be limited to a maximum of 16 events per calendar year with all events taking place on Fridays, Saturdays, or Sundays. 2. The wedding venue shall not allow any music to be played later than 10:00 pm. 3. All parking shall be contained within the subject property and no on-street parking shall be permitted along Whipporwill Lane or New Jack Road. 4. The property owner or venue operator shall notify all property owners with street addresses along Whipporwill Lane and Sound View Drive prior to any event taking place on the property. Example Motion for Denial: Motion to deny, as the Board cannot find that this proposal: 1. Will not materially endanger the public health or safety; 2. Meets all required conditions and specifications of the Unified Development Ordinance; 3. Will not substantially injure the value of adjoining or abutting property; 4. Will be in harmony with the area in which it is to be located and in general conformity with the Comprehensive Land Use Plan for New Hanover County. [State the finding(s) that the application does not meet and include reasons to why it is not being met] Planning Board - August 6, 2020 ITEM: 4 - 1 - 2 S20-03 Staff Report PB 8.6.2020 Page 1 of 15 STAFF REPORT FOR S20-03 SPECIAL USE PERMIT APPLICATION APPLICATION SUMMARY Case Number: S20-03 Request: SUP to operate an outdoor recreation establishment (wedding venue) in the R-15, Residential District Applicant: Property Owner(s): Anna Bessellieu McCauley Frances Boney Bessellieu Revocable Trust; Location: Acreage: 175 Whipporwill Lane 2.77 acres PID(s): Comp Plan Place Type: R07213-007-032-000 General Residential Existing Land Use: Proposed Land Use: Single-family dwelling Wedding Venue Current Zoning: R-15 SURROUNDING AREA LAND USE ZONING North Single-Family Residential R-15 East Intracoastal Waterway, Undeveloped (Masonboro Island Reserve) R-15, R-20 South Single-Family Residential R-15 West Single-Family Residential R-15 Planning Board - August 6, 2020 ITEM: 4 - 2 - 1 S20-03 Staff Report PB 8.6.2020 Page 2 of 15 ZONING HISTORY October 15, 1969 Initially zoned R-15 (Masonboro) COMMUNITY SERVICES Water/Sewer Water is provided by private well and sewer is provided by CFPUA. Additional connections are not proposed to be made to the existing sewer. Fire Protection New Hanover County Fire Services, New Hanover County Southern Fire District, New Hanover County Station Myrtle Grove Schools Bellamy Elementary, Myrtle Grove Middle, and Ashley High Schools Recreation Trails End Park, Myrtle Grove School Park, Arrowhead Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation Conservation resource maps indicate that salt marshes may be present in the eastern portion of the site. Additional wetland verification may be required if redevelopment or expansions were ever proposed in the future. Historic No known historic resources Archaeological No known archaeological resources EXISTING CONDITIONS & PROPOSED CONCEPTUAL PLAN  The applicant is seeking to obtain a special use permit to operate an outdoor recreation establishment (wedding venue) in the R-15 zoning district.  According to the owner, the venue, Marker 137, has been providing wedding services at the subject site since about 2014. The County recently received a complaint regarding the venue from a nearby resident. Zoning Enforcement staff research indicates that the venue never received proper zoning approvals for this use. There are no prior complaint records and due to the remote location of the site, lack of signage, and limited operation, staff was unaware of this use at this location until the recent complaint. County staff then informed the property owner of the violation and that a SUP would be required to continue operation of the venue. Planning Board - August 6, 2020 ITEM: 4 - 2 - 2 S20-03 Staff Report PB 8.6.2020 Page 3 of 15  The Unified Development Ordinance (UDO) does not include a specific use designation for wedding venues or private event venues so this use has been classified as “outdoor recreation” which is the most similar use in the UDO.  As proposed, the wedding venue will provide a location for wedding ceremonies and receptions to take place on Fridays, Saturdays, or Sundays. In addition, the applicant proposes to limit the total number of weddings to a maximum of 16 events throughout the year. Depending on the venue’s schedule, multiple weddings may take place during the same month, however, the venue will be limited to one event per week.  There is an existing house located near the center of the property. According to the applicant, the wedding party is permitted to use to house prior to the event but overnight lodging is not permitted. Proposed Conceptual Site Plan  The applicant has indicated that an average of about 125 guests attend the ceremonies that typically begin between 4:00 pm and 5:00 pm. Following the ceremony, the wedding party and guests transition from the ceremony area to the tent(s) where the reception takes place.  Music is typically played for a duration of 3 hours and ends no later than 10:00 pm. The applicant stated that the location of the music vendors is alternated for each event in an effort to change the direction of the sound and provide some relief to the surrounding neighbors. Overall, each event lasts between 5 and 6 hours and guests begin to leave the venue around 10:00 pm.  The applicant indicated that all guests and wedding parties are typically off the site by 11:00 pm. However, there is no specific deadline when all guests and wedding parties must be off the site. Planning Board - August 6, 2020 ITEM: 4 - 2 - 3 S20-03 Staff Report PB 8.6.2020 Page 4 of 15  Prior to each event, the applicant schedules and coordinates the arrival of all vendors, including tent and supplies, lighting, portable toilets, music, and caterers. For a Saturday event, the tent vendors generally arrive on Thursday afternoon to set up which takes about 4 hours. The lighting and portable toilet vendors arrive at the site the day before the event (Friday) in order to have the site ready before the wedding party or guests arrive. The caterers and music vendors arrive about 2 hours before any ceremony. All vendors and equipment are removed from the site the day following each event.  In addition to the vendors, the applicant anticipates that the wedding guests will arrive between thirty minutes to one hour before any wedding ceremony. With an average of 125 guests per event, the applicant anticipates that some guests will either drive or carpool in personal vehicles and park on site and some will utilize a private transportation service like Uber or Lyft. Due to the general nature of weddings, all guests do not remain at the wedding venue for the entire duration of the event. Traffic exiting the site following the ceremony is estimated to be staggered from around 6:00 pm to 11:00 pm.  Each tent that is placed on the property is inspected by the New Hanover County Fire Marshal prior to the event to ensure they are properly secured and meet all North Carolina Fire Code requirements. ZONING CONSIDERATIONS  The applicant is proposing a wedding venue, classified as an outdoor recreation establishment, which would allow Marker 137 to hold wedding ceremonies and receptions during the weekend with all music ending no later than 10:00 pm. As proposed, all guests are not required to leave the site at 10:00 pm but are encouraged to leave by 11:00 pm. Because the operation requires tents, lighting, etc. before each event, the vendors would be permitted to arrive at the site a few days prior to each event in order to prepare the site for the wedding. The venue would be limited to a maximum of 16 events per year with only one event taking place per week.  The applicant has indicated that all wedding activities and parking will be limited to the subject property. The western portion of the property has space to accommodate about 53 parking spaces and has been designed to ensure that all vehicles can be parked and exit the site without moving another vehicle. Prior to each event, the applicant will have a parking attendant direct guests to each parking area on the grass surrounding the existing driveway. Photo of Existing House Planning Board - August 6, 2020 ITEM: 4 - 2 - 4 S20-03 Staff Report PB 8.6.2020 Page 5 of 15 Photo of General Tent Area (Ceremony Area to the Right)  There is an existing 30 to 50-foot-wide natural wooded area that acts as a buffer along the northern property boundary and provides visual and acoustical relief during each event. Photo of Natural Wooded Area (Looking West to East)  The applicant does not propose to construct any new structures on site. All tents, lighting, portable toilets, and music equipment are temporary and are on the site a few days before the event and are removed by the day after each event. Planning Board - August 6, 2020 ITEM: 4 - 2 - 5 S20-03 Staff Report PB 8.6.2020 Page 6 of 15 AREA SUBDIVISIONS UNDER DEVELOPMENT TRANSPORTATION  Access is provided to the subject property by Whipporwill Lane (SR 1518), which is approximately 2,200 feet in length from Masonboro Loop Road to the subject property’s driveway. About 90% of the road is paved and maintained by NCDOT. The site’s driveway is located approximately 175 feet beyond the State maintained segment of Whipporwill Lane. Photo of Whipporwill Lane Looking East Towards the Site City of Wilmington Planning Board - August 6, 2020 ITEM: 4 - 2 - 6 S20-03 Staff Report PB 8.6.2020 Page 7 of 15  The subject property is also accessible using North Channel Haven Drive, however, this is not the primary route that motorists would likely take to enter the site.  The ITE Trip Generation Manual does not specifically address wedding venues or provide trip generation estimates for that specific use. Based upon information provided by the WMPO, a church is a similar use due to services taking place primarily on weekends with specific schedules for each service.  Applying the church classification to a wedding venue with 125 guests, it would be expected to generate about 150 daily trips on the day of an event. The trips would be dispersed over the duration of the event and would not be expected to exceed 100 trips in the peak hour. However, the highest volume of traffic would likely be in the hour before the event start time.  Because there have been no recent traffic impact analyses in the area addressing affected intersections, staff has provided the volume to capacity ratio for Masonboro Loop Road near the subject site. While volume to capacity ratio, based on average daily trips, can provide a general idea of the function of adjacent roadways, the delay vehicles take in seconds to pass through intersections is generally considered a more effective measure when determining the Level of Service of a roadway. However, the available volume to capacity data indicates capacity currently exists along Masonboro Loop Road to support the expected additional traffic on event days.  The most significant traffic impact would be to Whipporwill Lane, which is a local street that is not typically expected to handle event-level traffic volumes. Planning Board - August 6, 2020 ITEM: 4 - 2 - 7 S20-03 Staff Report PB 8.6.2020 Page 8 of 15 NCDOT Average Annual Daily Traffic (AADT) - 2018 Road Location Volume Capacity V/C Masonboro Loop Road North of Mohican Trail 14,500 18,035 0.80 Masonboro Loop Road South of Masonboro Sound Road 14,500 18,035 0.80 Nearby Planned Transportation Improvements and Traffic Impact Analyses Nearby NC STIP Projects: There are no nearby NC STIP Projects within the 1-mile radius of the subject property that include improvements that affect this proposal. Planning Board - August 6, 2020 ITEM: 4 - 2 - 8 S20-03 Staff Report PB 8.6.2020 Page 9 of 15 Nearby Traffic Impact Analyses: Traffic Impact Analyses are completed in accordance with the WMPO and NCDOT standards. Approved analyses must be re-examined by NCDOT if the proposed development is not completed by the build out date established within the TIA. Proposed Development Land Use/Intensity TIA Status 1. Trinity Landing  220 Senior Adult Housing Dwelling Units  7,350 square feet of Restaurant  2,150 square feet of Convenience Market (open 15-16 hours)  900 square feet of Beauty Spa  6,900 square feet of Wellness Center  TIA approved June 23, 2017  2020 Build Out Year The TIA requires improvements be completed at certain intersections in the area. The notable improvements consisted of:  Installation of a northbound right turn taper turn lane on Masonboro Loop Road Nearby Proposed Developments included within the TIA:  None Development Status: Site work is currently underway. ENVIRONMENTAL  The property does not contain any Natural Heritage Areas.  Approximately half of the site (1.35 acres) is within the VE and AE Special Flood Hazard Area (SFHA). However, the applicant is not proposing any new construction on the site.  The property is within the Whiskey Creek (SA;HQW) watershed.  Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class I (suitable/slight limitation) and Class IV (unsuitable), however, the existing structure is currently served by CFPUA for sewer service, and the proposed use will utilize portable toilets for sewerage.  Due to the property being located along the Intracoastal Waterway, additional wetland verification may be required if redevelopment or expansions were ever proposed in the future. CONTEXT AND COMPATIBILITY  According to the applicant, the subject property has been used as a wedding venue since around 2014. The county only became aware of its existence because of a recent complaint. The applicant does not propose to modify or further develop the site except that temporary tents, lighting, portable toilets, and music equipment will be placed on the property a maximum of 16 times per year. Planning Board - August 6, 2020 ITEM: 4 - 2 - 9 S20-03 Staff Report PB 8.6.2020 Page 10 of 15 Marker 137 Wedding Event  The subject property and proposed use are subject to the New Hanover County Noise Ordinance, which regulates noise levels after 10:00 pm. Although music is typically played for a duration of about 3 hours following the wedding ceremonies, Marker 137 is subject to the same noise regulations as the adjacent single-family homes.  The applicant positions the music equipment so that sound is projected primarily towards the Intracoastal Waterway. Some sound is projected towards the northern or southern properties, however, the applicant changes the direction in which the speakers face from one event to another. The natural wooded area along the northern property boundary helps buffer the noise from the adjacent homes on that side of the site. Although, based on comments from nearby neighbors, the music is still audible.  Larger events located within residential areas such as garage sales, holiday parties, and other family parties are typically limited in duration, scale, and scope. These types of events are often scheduled intermittently throughout the year and are less likely to take place on a weekly, or even monthly basis.  Staff is not aware of a similar wedding venue in the area for comparison, but did find an example of an outdoor wedding venue in Florida that is located adjacent to residential areas. Although there are some similarities, the example facility has direct access to a major road and also has indoor facilities to support events. Planning Board - August 6, 2020 ITEM: 4 - 2 - 10 S20-03 Staff Report PB 8.6.2020 Page 11 of 15 Wedding Venue Example (Central Florida) Subject Site Near Existing Neighborhoods Subject Site Planning Board - August 6, 2020 ITEM: 4 - 2 - 11 S20-03 Staff Report PB 8.6.2020 Page 12 of 15 2016 COMPREHENSIVE LAND USE PLAN The New Hanover County Future Land Use Map provides a general representation of the vision for New Hanover County’s future land use, as designated by place types describing the character and function of the different types of development that make up the community. These place types are intended to identify general areas for particular development patterns and should not be interpreted as being parcel specific. Future Land Use Map Place Type General Residential Place Type Description Focuses on lower-density housing and associated civic and commercial services. Typically, housing is single-family or duplexes. Commercial uses should be limited to strategically located office and retail spaces, while recreation and school facilities are encouraged throughout. Types of uses include single-family residential, low-density multi-family residential, light commercial, civic, and recreational. Analysis This type of outdoor wedding venue is not specifically addressed by the Comprehensive Plan. While this type of use falls under the Outdoor Recreation use category in the Unified Development Ordinance, it is not the type of recreational use intended by the Comprehensive Plan, which uses the term to describe uses like parks and boating facilities. Instead, the requested wedding venue would be considered a commercial enterprise for the purposes of the Comprehensive Plan. General Residential places do allow for strategically located office and retail spaces in order to provide basic goods and services for nearby residents. These types of commercial uses would typically be located on the edges of neighborhoods or in locations with direct access to arterial or collector roadways to limit non-residential traffic. The subject property is located within an existing single-family neighborhood and is accessed by Whipporwill Lane, a State maintained road except for the easternmost 175 feet where the site’s driveway is located. The road serves approximately 40 homes. In addition to the adjacent residences along Whipporwill Lane and New Jack Road, the site is directly adjacent to several homes located in other neighborhoods due to Planning Board - August 6, 2020 ITEM: 4 - 2 - 12 S20-03 Staff Report PB 8.6.2020 Page 13 of 15 its waterfront location. Some homes have sight lines of the outdoor activity areas associated with the use. The location of the requested use in an established single-family neighborhood may contribute to impacts not typically associated with residential uses or areas. While the event venue could provide a service to the county residents, this type of venue typically attracts guests from outside the local Masonboro community and does not provide a direct service or benefit to the surrounding neighborhood or contribute to its residential character. STAFF PRELIMINARY CONCLUSIONS AND FINDINGS OF FACT: Staff has conducted an analysis of the proposed use and the information provided as part of the application package and has created preliminary findings of fact for each of the conclusions required to be reached to approve the special use permit request. These preliminary findings of fact and conclusions are based solely on the information provided to date, prior to any information or testimony in support or opposition to the request that may be presented at the upcoming public hearing at the Board meeting. Conclusion 1: The Board must find that the use will not materially endanger the public health or safety where proposed and developed according to the plan as submitted and approved. A. Sewer service is currently provided by CFPUA. Additional connections will not be made to the existing sewer as the proposed use will utilize portable toilets for sewerage. B. The subject property is located in the New Hanover County Southern Fire Service District. C. New Hanover County Fire Services inspects each tent that is placed on the property before every event. D. No food service is provided by the venue owner. All caterers for each event are licensed and insured vendors. E. The existing 30 to 50-foot-wide natural wooded area along the northern property boundary acts as a buffer and provides some visual and acoustical relief during the events. F. The location of the music vendors is alternated from one event to another to prevent one side of the property always having the speakers facing towards them. The subject property is subject to the New Hanover County Noise Ordinance, which regulates the noise levels between 10:00 pm and 7:00 am within residentially zoned properties. G. The wedding venue carries wedding liability insurance and requires each event to purchase one-day event insurance. H. The subject property is located at the end of a local road that is State maintained for approximately 90% of its length. The last 175 feet, where the site’s driveway is located, is unimproved and privately maintained. Conclusion 2: The Board must find that the use meets all required conditions and specifications of the Unified Development Ordinance. A. The site is zoned R-15, Residential District. B. Outdoor Recreation Establishments are allowed by Special Use Permit in the R-15 zoning district. Planning Board - August 6, 2020 ITEM: 4 - 2 - 13 S20-03 Staff Report PB 8.6.2020 Page 14 of 15 C. The Unified Development Ordinance (UDO) does not include a specific use designation for wedding venues or private event venues so this use has been classified as “outdoor recreation” which is the most similar use in the UDO. While the closest use is classified as outdoor recreation, these types of venues have more characteristics of a commercial business like a concert venue or drive-in theater than a public recreation space like a park or boating facility. D. The proposed conceptual plan will comply with all applicable technical standards of the Unified Development Ordinance including buffering and parking requirements if the Special Use Permit is approved. No additional site improvements are required. Conclusion 3: The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. A. No new construction is proposed to accommodate the wedding venue operation. All tents, lighting, portable toilets, and music are temporary and are on the site a few days before the event and are removed by the day after each event. B. The applicant provided a report prepared by a real estate appraisal and consulting firm (Jeffrey Weaver – Certified Residential Appraiser #NCA3037). In the report, Mr. Weaver concluded that “there would be no negative impact on value of the neighboring properties of the subject by it being used as a wedding event location” and “the subject properties overall location and lot layout as well as the extensive amount of buffer area between the neighbor’s properties indicates the use as a wedding event location should not cause any impact on normal activities for the neighbors.” Conclusion 4: The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the Comprehensive Land Use Plan for New Hanover County. A. The subject property is located within an existing single-family neighborhood and is accessed by Whipporwill Lane, a State maintained road except for the easternmost 175 feet where the site’s driveway is located. The road serves approximately 40 homes. In addition to the adjacent residences along Whipporwill Lane and New Jack Road, the site is directly adjacent to several homes located in other neighborhoods due to its waterfront location. Some homes have sight lines of the outdoor activity areas associated with the use. B. This type of outdoor wedding venue is not specifically addressed by the Comprehensive Plan. While the wedding venue was classified under the general Outdoor Recreation use category in the Unified Development Ordinance, it is not the type of recreational use intended by the Comprehensive Plan, which uses the term to describe publicly accessible uses like parks and boating facilities. Instead, the requested wedding venue would be considered a commercial enterprise for the purposes of the Comprehensive Plan. C. The location of the requested use in an established single-family neighborhood may contribute to impacts not typically associated with residential uses or areas. While the event venue could provide a service to the county residents, this type of venue typically attracts guests from outside the local Masonboro community and does not provide a direct service or benefit to the surrounding neighborhood or contribute to its residential character. Planning Board - August 6, 2020 ITEM: 4 - 2 - 14 S20-03 Staff Report PB 8.6.2020 Page 15 of 15 Suggested Conditions 1. The wedding venue shall be limited to a maximum of 16 events per calendar year with all events taking place on Fridays, Saturdays, or Sundays. 2. The wedding venue shall not allow any music to be played later than 10:00 pm. 3. All parking shall be contained within the subject property and no on-street parking shall be permitted along Whipporwill Lane or New Jack Road. 4. The property owner or venue operator shall notify all property owners with street addresses along Whipporwill Lane and Sound View Drive prior to any event taking place on the property. EXAMPLE MOTIONS Example Motion for Approval: Motion to recommend approval, as the Board finds that this application for a Special Use Permit meets the four required conclusions based on the findings of fact included in the Staff Report. [OPTIONAL] Note any additional findings of fact related to the four required conclusions. [OPTIONAL] Note any conditions be added to the development: [List Conditions] Suggested Conditions: 1. The wedding venue shall be limited to a maximum of 16 events per calendar year with all events taking place on Fridays, Saturdays, or Sundays. 2. The wedding venue shall not allow any music to be played later than 10:00 pm. 3. All parking shall be contained within the subject property and no on-street parking shall be permitted along Whipporwill Lane or New Jack Road. 4. The property owner or venue operator shall notify all property owners with street addresses along Whipporwill Lane and Sound View Drive prior to any event taking place on the property. Example Motion for Denial: Motion to recommend denial, as the Board cannot find that this proposal: 1. Will not materially endanger the public health or safety; 2. Meets all required conditions and specifications of the Unified Development Ordinance; 3. Will not substantially injure the value of adjoining or abutting property; 4. Will be in harmony with the area in which it is to be located and in general conformity with the Comprehensive Land Use Plan for New Hanover County. [State the finding(s) that the application does not meet and include reasons why it is not being met] Planning Board - August 6, 2020 ITEM: 4 - 2 - 15 NewJackRdSerenityPt MarshHenDr Private HolidayHillsDr Channel H a v e n D r Tangle w o o d D r Whippor w i l l L n PelicanPointRd Sound V i e w D r R-15 New Hanover County, NC Zoning Districts SHOD AC AR B-1 B-2 EDZD I-1 I-2 O&I PD R-10 R-15 R-20 R-20S R-7 RA RFMU SC Incorporated Areas Indicates Conditional Use District (CUD) Indicates Conditional Zoning District (CZD) See Section 55.1 of the Zoning OrdinanceCOD Wedding VenueR-15/ Single-Family House 175 Whipporwill LnS20-03 Case:Site Address:Existing Zoning/Use:Proposed Use: 500 Feet Subject Site Planning Board - August 6, 2020 ITEM: 4 - 3 - 1 NewJackRdSerenityPt MarshHenDr Private HolidayHillsDr Channel H a v e n D r Tangle w o o d D r Whippor w i l l L n PelicanPointRd Sound V i e w D r GENERAL RESIDENTIAL CONSERVATION New Hanover County, NC Place Types COMMERCE ZONE EMPLOYMENT CENTER GENERAL RESIDENTIAL URBAN MIXED USE COMMUNITY MIXED USE RURAL RESIDENTIAL CONSERVATION Wedding VenueR-15/ Single-Family House 175 Whipporwill LnS20-03 Case:Site Address:Existing Zoning/Use:Proposed Use: 500 Feet Subject Site Planning Board - August 6, 2020 ITEM: 4 - 4 - 1 New Jack RdSerenityPt MarshHenDr Private HolidayHillsDr Channel H a v e n D r Tangle w o o d D r Whippor w i l l L n Pelican P o i n t R d Sound V i e w D r 170 241 165 62 184 97 166 77 166 9694 73 93 185 91 66 92 100 81 74 158 159 161 164 171 175 163 82 85 70 86 90 174 177 180 4619 162 181 199 4615 4623 4612 186 188 168 4606 4601 4613 183 157 170 195 181179 154 162 150 173169 158 165 87 4607 167 MASONBOROLOOPRDR-15 EDZD I-1 R-20 CITY Site Neighboring Parcels Wedding VenueR-15/ Single-Family House 175 Whipporwill LnS20-03 Case:Site Address:Existing Zoning/Use:Proposed Use: 500 Feet Subject Site Planning Board - August 6, 2020 ITEM: 4 - 5 - 1 APPLICANT MATERIALS Planning Board - August 6, 2020 ITEM: 4 - 6 - 1 Planning Board - August 6, 2020 ITEM: 4 - 6 - 2 Page 1 of 6 Special Use Permit Application – Updated 02-2020 NEW HANOVER COUNTY_____________________ DEPARTMENT OF PLANNING & LAND USE 230 Government Center Drive, Suite 110 Wilmington, North Carolina 28403 Telephone (910) 798-7165 FAX (910) 798-7053 planningdevelopment.nhcgov.com SPECIAL USE PERMIT APPLICATION This application form must be completed as part of a special use permit application submitted through the county’s online COAST portal. The main procedural steps in the submittal and review of applications are outlined in the flowchart below. More specific submittal and review requirements, as well as the standards to be applied in reviewing the application, are set out in Section 10.3.5 of the Unified Development Ordinance. *If the proposed use is classified as intensive industry, the applicant shall conduct a community information meeting in accordance with Section 10.2.3, Community Information Meeting. 1. Applicant and Property Owner Information Applicant/Agent Name Owner Name (if different from Applicant/Agent) Company Company/Owner Name 2 Address Address City, State, Zip City, State, Zip Phone Phone Email Email 2. Subject Property Information Address/Location Parcel Identification Number(s) Total Parcel(s) Acreage Existing Zoning and Use(s) Future Land Use Classification Applicant Tracking Information (This section completed by staff) Case Number: Date/Time Received: Received by: Public Hearing Procedures (Optional) Pre-Application Conference 1* Community Information Meeting 2 Application Submittal & Acceptance 3 Planning Director Review & Staff Report (TRC Optional) 4 Public Hearing Scheduling & Notification 5 Planning Board Hearing & Recom- mendation 6 Board of Commissioners Hearing & Decision 7 Post-Decision Limitations and Actions Anna Bessellieu McCauley Frances Bessellieu Revokable Trust Marker 137 LLC Anna Bessellieu McCauley 175 Whippoorwill Lane Same Wilmington NC 28409 Same 910-265-4314 Same Anna@marker137.com Same 175 Whippoorwill lane R07213-007-032-000 2.77 R-15:Single Family Dwelling General Residential S20-03 7/9/2020 Before 5 PM GHS Planning Board - August 6, 2020 ITEM: 4 - 7 - 1 Page 2 of 6 Special Use Permit Application – Updated 02-2020 3. Proposed Zoning, Use(s), & Narrative Please list the proposed use(s) of the subject property, and provide the purpose of the special use permit and a project narrative (attach additional pages if necessary). 4. Proposed Condition(s) Please note: Within a special use permit proposal, additional conditions and requirements which represent greater restrictions on the development and use of the property than the corresponding zoning district regulations may be added. These conditions may assist in mitigating the impacts the proposed development may have on the surrounding community. Please list any conditions proposed to be included with this special use permit application below. Staff, the Planning Board, and Board of Commissioners may propose additional conditions during the review process that meet or exceed the minimum requirements of the Unified Development Ordinance. 5. Traffic Impact Please provide the estimated number of trips generated for the proposed use(s) based off the most recent version of the Institute of Traffic Engineers (ITE) Trip Generation Manual. A Traffic Impact Analysis (TIA) must be completed for all proposed developments that generate more than 100 peak hour trips, and the TIA must be included with this application. ITE Land Use: Trip Generation Use and Variable (gross floor area, dwelling units, etc.) AM Peak Hour Trips: PM Peak Hour Trips: See attached document. See attached document. TBD - Working with WMPO for most similar use. Planning Board - August 6, 2020 ITEM: 4 - 7 - 2 Page 3 of 6 Special Use Permit Application – Updated 02-2020 6. Criteria Required for Approval of a Special Use Permit A use designated as a special use in a particular zoning district is a use that may be appropriate in the district, but because of its nature, extent, and external impacts, requires special consideration of its location, design, and methods of operation before it can be deemed appropriate in the district and compatible with its surroundings. The purpose is to establish a uniform mechanism for the review of special uses to ensure they are appropriate for the location and zoning district where they are proposed. For each of the four required conclusions listed below, include or attach a statement that explains how any existing conditions, proposed development features, or other relevant facts would allow the Board of County Commissioners to reach the required conclusion, and attach any additional documents or materials that provide supporting factual evidence. The considerations listed under each required conclusion are simply those suggested to help the applicant understand what may be considered in determining whether a required conclusion can be met. Any additional considerations potentially raised by the proposed use or development should be addressed. 1. The use will not materially endanger the public health or safety if located where proposed and approved. Considerations: x Traffic conditions in the vicinity, including the effect of additional traffic on streets and street intersections, and sight lines at street intersections with curb cuts; x Provision of services and utilities, including sewer, water, electrical, garbage collections, fire protection; x Soil erosion and sedimentation; x Protection of public, community, or private water supplies, including possible adverse effects on surface waters or groundwater; or x Anticipated air discharges, including possible adverse effects on air quality. 2. The use meets all required conditions and specifications of the Unified Development Ordinance. See attached document. See attached document. Planning Board - August 6, 2020 ITEM: 4 - 7 - 3 Page 4 of 6 Special Use Permit Application – Updated 02-2020 3. The use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. Considerations: x The relationship of the proposed use and the character of development to surrounding uses and development, including possible conflicts between them and how these conflicts will be resolved (i.e. buffers, hours of operation, etc.). x Whether the proposed development is so necessary to the public health, safety, and general welfare of the community or County as a whole as to justify it regardless of its impact on the value of adjoining property. 4. The location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the New Hanover County Comprehensive Land Use Plan. Considerations: x The relationship of the proposed use and the character of development to surrounding uses and development, including possible conflicts between them and how these conflicts will be resolved (i.e. buffers, hours of operation, etc.). x Consistency with the Comprehensive Plan’s goals, objectives for the various planning areas, its definitions of the various land use classifications and activity centers, and its locational standards. See attached document. See attached document. Planning Board - August 6, 2020 ITEM: 4 - 7 - 4 GHS GHS N/A GHS N/A GHS GHS Planning Board - August 6, 2020 ITEM: 4 - 7 - 5 Planning Board - August 6, 2020 ITEM: 4 - 7 - 6 (3).Proposed Zoning, Use(s), and Narrative Wedding venue (Outdoor Recreation Establishment Wedding Venue (Outdoor Recreation Establishment) 12 - 16 events per year. Events are limited to once a week and will only talk place on the weekend (friday, saturday,, or sunday Events generally last 5 or 6 hours in total with an average of 125 people Music is played following the ceremony and typically lasts 2.5 to 3 hours Guests either drive their personal vehicles and park on the property or utilize Uber, Lyft or a taxi. There are also instances where the client hires a Shuttle service.Parking is contained with in the property and no on-street parking occurs. (4) Proposed Conditions A maximum of 16 weddings will be scheduled throughout the calendar year, with all events taking place during the weekend( friday-Sunday) All parking much be contained within the property surrounding neighbors within the Soundview and Tanglewood neighborhoods will be notiﬁed prior to any event that is scheduled on the property (6.1) The use will not materially endanger the public health or safety if located where proposed and approved. Whippoorwill lane is a NCDOT state maintained roadway, however, there is a small portion of the road that is not maintained by NCDOT. This section of the road is gravel and is maintained by the homeowners. There will be no parking along Whippoorwill because all parking will be on the property. Since the weddings will only occur at most once a week and on the weekends,trafﬁc generated by the venue is not expected to continuous- generally guests arrive right before the ceremony and leave afterwards. Guests get there at the beginning and leave at the end so there won’t be a continuous ﬂow of trafﬁc as you see with a typical commercial business with customers coming at will. Port-a-johns are delivered to the property prior to ant event. The dock is closed off during the event to the guests to eliminate the potential of water pollution and to protect the safety of all guests. All the trash from the events is double bagged and stored on a trailer in the back of the property We do separate the recyclables and dispose of either through commercial trash pick up or transporting it to recycle center to county dump. We carry 1 million dollars in liability insurance through James E Moore insurance company. Each event is required to carry a 1 million dollar day of event insurance policy naming Marker 137. The Fire Marshall inspects each and every tent placed for every event. We Have approximately 50 feet of a natural wood line running the entire length of the property to provide a sound barrier. We also vary the position of the Music vendors alternating the direction of the sound from the speakers. Planning Board - August 6, 2020 ITEM: 4 - 7 - 7 We Have staff on property for every event from the time the ﬁrst vendor arrives until the last guest and or vendor has departed. The wood line prevents guests from straying from the property onto the adjoining property. (6.2) The use meets all required conditions and speciﬁcations of the Uniﬁed Development Ordinance. An outdoor Recreation Establishment is permitted within the R-15 zoning district once a special permit use permit is obtained. The proposal meets all standards for the speciﬁed commercial principal uses as outlined in section 4.3.4A.4, speciﬁed below: Outdoor recreation establishments in residential districts and the O&I district shall comply with the following standards: A) Buffers adequate to screen adorning residential uses from the effects of light and noise generated on the site shall be provided. B) All buildings shall be set back from the right-of-way at least 50 feet and 100 feet if the site is in the Special Highway Overlay District. C) Signage shall be limited to one ground sigh not to exceed 32 square feet and shall bee set back from the right-of-way at least 25 feet. D) Access to the site shall be to a US or NC numbered road or to a collector road as designated on the Wilmington MPO Functional Classiﬁcation Map. E) As part of a Special Use Permit, other conditions deemed by the Commissioners necessary to promote the health, safety, and welfare of the community may be added. (6.3) The use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. The attached appraisal report indicates there is no negative impact to the adjoining properties. The events generally occur from approximately 4pm to 10pm. The county noise ordinance of 10 pm is strictly adhered to for every event regardless of start time. (6.4) The location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the New Hanover County Comprehensive Land Use Plan. Appraisal report shows the surrounding area land uses. The hours of operations, along with the natural buffers on the property help provide relief from the surrounding properties. The wedding venue will only operate during the weekend and for a couple hours in total, so the proposal is not much different than a property owner throwing a party or family reunion. The general Residential place type focuses on the lower density housing and associated civic and commercial services. Typically, housing is single family or duplexes. Commercial uses should be limited to strategically located ofﬁce and retail spaces, while recreation and school facilities are encouraged throughout. Types of uses include single-family residential, low density multi family residential, light commercial,civic, and recreational. Planning Board - August 6, 2020 ITEM: 4 - 7 - 8 The general Residential place type is to provide opportunities for similar lower density residential development and supportive commercial, civic, and recreational development. In closing I hope that you will consider this application for a special use permit favorably. It has always been and will continue to be our greatest desire to do things in the right way. We were unaware of the need for this permit and for that i am profoundly sorry and hope that can be rectiﬁed with this application. Our mission to follow all the laws as written and to always take into consideration all who live adjacent to us. I look forward to working towards a solution that will allow us to continue the business we have come to love. It brings so much joy and happiness to me and a select few young brides and grooms. To be able to start their lives together in such a beautiful and peaceful setting is a blessing we are proud to offer them. We consider all of our clients family and welcome them back to enjoy a sunset on the dock to celebrate their anniversary or to bring their little ones for a photo shoot or just to romp in the yard at the place it all began. Planning Board - August 6, 2020 ITEM: 4 - 7 - 9 Planning Board - August 6, 2020 ITEM: 4 - 7 - 10 Client File No. Page # 6 of 20 External Obsolescence Market Analysis 175 Whipporwill Ln Wilmington, NC 28409 LOT 2-R-1-A MARIE S HAWKINS ESTATE REDIV BESSELLIEU FRANCES BONEY REV TRUST (ANNA McCAULEY) 07/28/2020 Jeffrey Weaver Weaver Appraisal Service PO BOX 1627 Wrightsville Beach, NC 28480 (910) 796-9024 jeffweaver0412@gmail.com Form GA2NV_LT - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE LOCATED AT FOR AS OF BY Planning Board - August 6, 2020 ITEM: 4 - 7 - 11 Client File No. Page # 7 of 20 In the course of performing appraisals, we may collect what is known as "nonpublic personal information" about you. This information is used to facilitate the services that we provide to you and may include the information provided to us by you directly or received by us from others with your authorization. We do not disclose any nonpublic personal information obtained in the course of our engagement with our clients to nonaffiliated third parties, except as necessary or as required by law. By way of example, a necessary disclosure would be to our employees, and in certain situations, to unrelated third party consultants who need to know that information to assist us in providing this market analysis study services to you. All of our employees and any third party consultants we employ are informed that any information they see as part this assignment is to be maintained in strict confidence within the firm. A disclosure required by law would be a disclosure by us that is ordered by a court of competent jurisdiction with regard to a legal action to which you are a party. We will retain records relating to professional services that we have provided to you for a reasonable time so that we are better able to assist you with your needs. In order to protect your nonpublic personal information from unauthorized access by third parties, we maintain physical, electronic and procedural safeguards that comply with our professional standards to insure the security and integrity of your information. Please feel free to call us any time if you have any questions about the confidentiality of the information that you provide to us. Quality Appraisals 910-796-9024 Form PRV - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE PRIVACY NOTICE Pursuant to the Gramm-Leach-Bliley Act of 1999, effective July 1, 2001, Appraisers, along with all providers of personal financial services are now required by federal law to inform their clients of the policies of the firm with regard to the privacy of client nonpublic personal information. As professionals, we understand that your privacy is very important to you and are pleased to provide you with this information. Types of Nonpublic Personal Information We Collect Parties to Whom We Disclose Information Confidentiality and Security Planning Board - August 6, 2020 ITEM: 4 - 7 - 12 PROPERTY ADDRESS: 175 Whipporwill Ln , Wilmington NC 28409 CURRENT OWNER: BESSELLIEU FRANCES BONEY REV TRUST (ANNA McCAULEY) PURPOSE OF THIS ASSIGNMENT: The purpose of this assignment was to determine if any external obsolescence is created to other nearby properties when the subject property is being used for wedding and other events located on the subject lot. DEFINITION OF EXTERNAL OBSOLESCENSE: The definition of external obsolescence, “is an element of depreciation; a defect, usually incurable, caused by negative influences outside a site and generally incurable on the part of the owner, landlord, or tenant.”1 (SOURCE:1 The Dictionary of Real Estate Appraisal, 4th Edition, Appraisal Institute, 2002, Page 106) For this assignment, the appraiser's assignment is to estimate if any external obsolescence (value impact) would be present for any adjoining property owner due to the subject property wedding events. Also the appraiser is to measure any possible impact on any marketability concerns for the neighboring properties. INTENDED USE AND USER: The intended user is the client stated above as well as the local zoning board that has this property under review for a special use permit. No other intended use or users are noted. SCOPE OF WORK: The appraiser researched other properties in the area to try and find sales data that would help demonstrate if any external obsolescence from events considered comparable to the subject property. Due to the limited data that met the general use of the subject property, the appraiser expanded this search to include homes that were located near community parks (which can be used for wedding events), local churches (due to the use being similar to only several days a week use) as well as other properties that had limited daily events and traffic patterns that would be comparable to the subject property. The data was obtained and then a direct comparison of these effected properties was compared back to similar properties in each area that were far enough away from these locations to allow for a measurable analysis to determine if any impact on value or marketability was present. In order to better illustrate the results of this analysis, the appraiser has provided a Regression Analysis which can be presented in a graph to show a visual result of this analysis. See the attached Regression Analysis for the results and conclusions of this analysis. RESULTS AND CONCLUSIONS: The appraiser has reviewed the subject property and supplied market data demonstrated by the regression analysis provided that clearly shows there would be no negative impact on value of the neighboring properties of the subject by it being used as a wedding event location. The data provided is in line with what the general overall expectation was noted during the inspection process of the subject property. The subject properties overall location and lot layout as well as the extensive amount of buffer area between the neighbors properties indicates the use as a wedding event location should not cause any impact on normal activities for the neighbors. In fact, it would be hard for the neighbors to even see that an event is going on due to the buffer areas. The only possible nuisance that MAY could happen is if the music was played at such a high level it would interfere with normal living conditions of the neighbors. There is already a noise ordinance in place that would not allow the client to allow this to happen. The appraiser sees no reason at all that this property should not be allowed to obtain a special use permit to be used for a wedding event as requested by the client Client File No. Page # 8 of 20 Supplemental Addendum Form TADD - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE BESSELLIEU FRANCES BONEY REV TRUST (ANNA McCAULEY) 175 Whipporwill Ln Wilmington New Hanover NC 28409 NA Client Lender/Client Property Address City County State Zip Code File No. Planning Board - August 6, 2020 ITEM: 4 - 7 - 13 to be used for a wedding event as requested by the client CERTIFICATIONS: The statements of fact contained in this report are true and correct. - The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions and are my personal, impartial, and unbiased professional analyses, opinions, and conclusions. - I have no present or prospective interest in the property that is the subject of this report and no personal interest with respect to the parties involved. - I have no bias with respect to the property that is the subject of this report or the parties involved with this assignment. - My engagement in this assignment was not contingent upon developing or reporting predetermined results. - My compensation for completing this assignment is not contingent upon the development or reporting of a predetermined conclusion or direction that favors the cause of the client, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this assignment. - My analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice that were in effect at the time this report was prepared. - I have made a personal inspection of the property that is the subject of this report. - No one provided significant real property appraisal assistance to the person(s) signing this certification DATE: 07/28/2020 JEFFREY WEAVER, CERTIFIED RESIDENTIAL APPRAISER #NCA3073 Client File No. Page # 9 of 20 Supplemental Addendum Form TADD - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE BESSELLIEU FRANCES BONEY REV TRUST (ANNA McCAULEY) 175 Whipporwill Ln Wilmington New Hanover NC 28409 NA Client Lender/Client Property Address City County State Zip Code File No. Planning Board - August 6, 2020 ITEM: 4 - 7 - 14 Client File No. Page # 10 of 20 Form MAP_LT.COMMUN - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE Community Map BESSELLIEU FRANCES BONEY REV TRUST (ANNA McCAULEY) 175 Whipporwill Ln Wilmington New Hanover NC 28409 NA Client Lender/Client Property Address City County State Zip Code Planning Board - August 6, 2020 ITEM: 4 - 7 - 15 Client File No. Page # 11 of 20 Form MAP.NHOOD - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE Neighborhood Map BESSELLIEU FRANCES BONEY REV TRUST (ANNA McCAULEY) 175 Whipporwill Ln Wilmington New Hanover NC 28409 NA Client Lender/Client Property Address City County State Zip Code Planning Board - August 6, 2020 ITEM: 4 - 7 - 16 Client File No. Page # 12 of 20 Form MAP_LT.DEED - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE Tax Plot Map with lot dimensions BESSELLIEU FRANCES BONEY REV TRUST (ANNA McCAULEY) 175 Whipporwill Ln Wilmington New Hanover NC 28409 NA Client Lender/Client Property Address City County State Zip Code Planning Board - August 6, 2020 ITEM: 4 - 7 - 17 Client File No. Page # 13 of 20 Form PICINT6_LT - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE Pictures of subject lot and areas used for weddings and events/SAMLES BESSELLIEU FRANCES BONEY REV TRUST (ANNA McCAULEY) 175 Whipporwill Ln Wilmington New Hanover NC 28409 NA water view which also is a buffer zone to neighbors typical event size and location with buffer zones from neighbors typical event size and location with buffer zones from neighbors typical event size and location with buffer zones from neighbors typical event size and location with buffer zones from neighbors buffer zones from neighbors Client Lender/Client Property Address City County State Zip Code Planning Board - August 6, 2020 ITEM: 4 - 7 - 18 Client File No. Page # 14 of 20 Form PICINT6_LT - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE Interior Photos BESSELLIEU FRANCES BONEY REV TRUST (ANNA McCAULEY) 175 Whipporwill Ln Wilmington New Hanover NC 28409 NA buffer zones from neighbors buffer zones from neighbors buffer zones from neighbors buffer zones from neighbors buffer zones from neighbors buffer zones from neighbors Client Lender/Client Property Address City County State Zip Code Planning Board - August 6, 2020 ITEM: 4 - 7 - 19 Client File No. Page # 15 of 20 Form HMAPP - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE Location Map with areas noted as buffer zones from neighbors BESSELLIEU FRANCES BONEY REV TRUST (ANNA McCAULEY) 175 Whipporwill Ln Wilmington New Hanover NC 28409 NA The map above shows the overall lot size and layout of the land, buffer zones from neighbors and general area used for weddings and events on this property. As you can see the location of the area used is approximately 70 feet from the side property lines on the north and south and 400 feet from the road/driveway on the west. The east is buffered by the intracoastal waterway. The areas along the property lines that buffer the view as well as the sound barrier are lined with very large and mature trees and shrubs. The area used for the tents and activities cant be seen by any neighbors from any direction. The appraiser has measured the distance from each home from the area that the tent for these events are located and found that the closest home is 150 feet away. This is for the home at 174 Sound View Dr. The home located at 184 Sound View Dr is approx. 200-250 feet away. The home located at 4601 New Jack Rd which is the next door neighbor is located 250 feet away. The other homes located towards the front of the lot and driveway to the subject property area are over 400 feet away from the area used during the events. Based on this data that is clearly demonstrated above, it would be almost impossible for any neighbor to be able to view the activities going on during any events on the subject lot. The large buffer of trees would also work as a sound barrier that would limited any potential noise from music or crowd noise as long as the music level is within the decibel level allowed by current zoning ordinances. Its the appraisers opinion that the decibel level could exceed the zoning ordinance levels at the direct site of the event location and the buffer of trees would diminish the sound drastically if measured from the streets and property lines as required should a complaint be filed. Client Lender/Client Property Address City County State Zip Code Planning Board - August 6, 2020 ITEM: 4 - 7 - 20 Client File No. Page # 16 of 20 Form HMAPP - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE REGRESSION ANALYSIS BESSELLIEU FRANCES BONEY REV TRUST (ANNA McCAULEY) 175 Whipporwill Ln Wilmington New Hanover NC 28409 NA The data above represented by the blue dots is a sale found within the past year that was located within 500 feet of a school, church, busy road, commercial property or other external influences considered comparable to the subject property. In fact, the data above most likely represents a more drastic external influence than what the subject properties use were represent to the nearby neighbors. Each blue dot shows a sale that is then plotted on this graph based in its heated area on the bottom of the graph and then with its reported sales price on the left. After each dot was plotted, the appraiser applied a statistical trend line represented by the yellow line. This data can be used to estimate the most likely sales price of homes based on their heated area. For an example, the appraiser took a 2000 sq. ft. home and lined it up until it hit the yellow trend line to estimate its most likely sales price which was $263,000. This is determined by using the slope of this trend line formula of y=25.282+212461. This is how the estimated value of a 2000 sf. ft. home of $263,000 is determined from homes that had some kind of similar external influence. See the next graph below which represents sales similar to above but they were not located near any external influence. As you can see, the same 2000 sq.ft. home in the other graph showed the estimated value to be $264,000. This analysis clearly shows that both sets of data gave a very similar value for the same 2000 sq.ft. home. This is market data support that supports the appraisers conclusion that the subject property being used as a wedding event location would not have any negative impact on value or marketability for the nearby neighbors. Client Lender/Client Property Address City County State Zip Code Planning Board - August 6, 2020 ITEM: 4 - 7 - 21 Client File No. Page # 17 of 20 Form HMAPP - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE REGRESSION ANALYSIS BESSELLIEU FRANCES BONEY REV TRUST (ANNA McCAULEY) 175 Whipporwill Ln Wilmington New Hanover NC 28409 NA This graphs and analysis is done in the same manner as described above but it was for homes not located in areas with nearby influences similar to the subject property. See comments and conclusions above. Client Lender/Client Property Address City County State Zip Code Planning Board - August 6, 2020 ITEM: 4 - 7 - 22 Client File No. Page # 18 of 20 Appraiser License Certification Form SCNLGL - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODEPlanning Board - August 6, 2020 ITEM: 4 - 7 - 23 Client File No. Page # 19 of 20 Resume - Page 1 Form SCNLGL - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODEPlanning Board - August 6, 2020 ITEM: 4 - 7 - 24 Client File No. Page # 20 of 20 Resume - Page 2 Form SCNLGL - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODEPlanning Board - August 6, 2020 ITEM: 4 - 7 - 25 Planning Board - August 6, 2020 ITEM: 4 - 7 - 26 Planning Board - August 6, 2020 ITEM: 4 - 7 - 27 Planning Board - August 6, 2020 ITEM: 4 - 7 - 28 Planning Board - August 6, 2020 ITEM: 4 - 7 - 29 Planning Board - August 6, 2020 ITEM: 4 - 7 - 30 Planning Board - August 6, 2020 ITEM: 4 - 7 - 31 Planning Board - August 6, 2020 ITEM: 4 - 7 - 32 Planning Board - August 6, 2020 ITEM: 4 - 7 - 33 Planning Board - August 6, 2020 ITEM: 4 - 7 - 34 Planning Board - August 6, 2020 ITEM: 4 - 7 - 35 Planning Board - August 6, 2020 ITEM: 4 - 7 - 36 Planning Board - August 6, 2020 ITEM: 4 - 7 - 37 PROPOSED SITE PLAN Planning Board - August 6, 2020 ITEM: 4 - 8 - 1 Planning Board - August 6, 2020 ITEM: 4 - 8 - 2 Planning Board - August 6, 2020 ITEM: 4 - 9 - 1 Planning Board - August 6, 2020 ITEM: 4 - 9 - 2 OPPOSITION MATERIALS Planning Board - August 6, 2020 ITEM: 4 - 10 - 1 Planning Board - August 6, 2020 ITEM: 4 - 11 - 1 Planning Board - August 6, 2020 ITEM: 4 - 11 - 2 NEW HANOVER COUNTY PLANNING BOARD REQUEST FOR BOARD ACTION MEETING DATE: 8/6/2020 Regular DEPARTMENT: Planning PRESENTER(S): Rebekah Roth CONTACT(S): Rebekah Roth; Wayne Clark SUBJECT: Public Hearing Text Amendment Request (TA20-01) - Request by New Hanover County to amend Ar7cles 1, 2, 3, 4, 5, and 10 of the Unified Development Ordinance to simplify the method of measuring the height of structures; increase height maximums for buildings in the RMF-MH, RMF-H, O&I, and I-1 districts; revise the Planned Development district; clarify ligh7ng standards; establish new design standards for self-storage facili7es in high-visibility areas; update telecommunica7on facility standards; correct minor errors made when reorganizing code documents; and clarify exis7ng permissions. BRIEF SUMMARY: This amendment is one of the final ordinance changes associated with the Unified Development Ordinance code update project and consists of a variety of amendments intended to clarify exis$ng policies and modernize outdated code provisions, including: 1. Administra$ve Correc$ons and Clarifica$ons to Exis$ng Standards a. Clarifica$on of exis$ng ligh$ng standards intended to limit light spillover onto adjacent proper$es b . Clarifica$on of current code provisions for when a-ached housing types are allowed and when recrea$onal vehicles can be used as dwellings c . Correc$ons to minor errors made in adap$ng new districts and transferring provisions from the Zoning Ordinance into the Unified Development Ordinance format 2. Modifica$ons for Legal Compliance a. Updates to ensure telecommunica$on facility standards are consistent with current state law b. Revisions to the defini$on of the term “boat” and standards for storage of small watercra4 resul$ng from a decision on a county Board of Adjustment appeals case 3. Changes to Modernize and Update Provisions a. A simplifica$on of the method for measuring the height of structures b. Incremental increases to height maximums for structures in the RMF-MH, RMF-H, O&I, and I-2 districts to accommodate changes in construc$on standards and market demand c . Revisions to the Planned Development (PD) district intended to support more innova$ve projects that can be appropriate in both suburban and rural areas of the county d. New design standards for self-storage facili$es in high-visibility areas In February 2020, the New Hanover County Unified Development Ordinance (UDO) was adopted, consolida$ng five exis$ng development codes into one unified format. Since that $me, Planning staff has worked with the project’s consul$ng team, Clarion, to iden$fy and prepare the amendments needed to close out the project. This request consists of a variety of amendments intended to clarify exis$ng policies and modernize outdated code provisions. STRATEGIC PLAN ALIGNMENT: Planning Board - August 6, 2020 ITEM: 5 Intelligent Growth & Economic DevelopmentEncourage development of complete communi$es in the unincorporated countyCi$zens have daily needs met by NHC businesses and support themEnsure NHC has appropriate housing to support business growth RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends approval of the proposed amendment and suggests the following mo$on: I move to APPROVE the proposed amendment to the New Hanover County Unified Development Ordinance that clarifies current provisions, maintains consistency with legal requirements, modifies height measurements and maximums, adds flexibility for planned development projects, and outlines appropriate standards for self-storage facili$es and small watercra4 storage. I find it to be CONSISTENT with the purpose and intent of the 2016 Comprehensive Plan because it provides up-to-date zoning tools that reflect the plan’s recommended place types and development pa-erns. I also find APPROVAL of the proposed amendment reasonable and in the public interest because it clarifies current prac$ces in the county’s development regula$ons for stakeholders and code users and allows for development appropriate in suburban communi$es common in New Hanover County. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Planning Board - August 6, 2020 ITEM: 5 TA19-01 Staff Report PB 7.9.2020 Page 1 of 8 STAFF REPORT FOR TA20-01 TEXT AMENDMENT APPLICATION APPLICATION SUMMARY Case Number: TA20-01 Request: To amend Articles 1, 2, 3, 4, 5, and 10 of the Unified Development Ordinance to simplify the method of measuring the height of structures; increase height maximums for buildings in the RMF-MH, RMF-H, O&I, and I-1 districts; revise the Planned Development district; clarify lighting standards; establish new design standards for self-storage facilities in high-visibility areas; update telecommunication facility standards; correct minor errors made when reorganizing code documents; and clarify existing permissions. Applicant: Subject Ordinances: New Hanover County Unified Development Ordinance Purpose & Intent This amendment is one of the final ordinance changes associated with the Unified Development Ordinance code update project and consists of a variety of amendments intended to clarify existing policies and modernize outdated code provisions, including: 1. Administrative Corrections and Clarifications to Existing Standards a. Clarification of existing lighting standards intended to limit light spillover onto adjacent properties b. Clarification of current code provisions for when attached housing types are allowed and when recreational vehicles can be used as dwellings c. Corrections to minor errors made in adapting new districts and transferring provisions from the Zoning Ordinance into the Unified Development Ordinance format 2. Modifications for Legal Compliance a. Updates to ensure telecommunication facility standards are consistent with current state law b. Revisions to the definition of the term “boat” and standards for storage of small watercraft resulting from a decision on a county Board of Adjustment appeals case 3. Changes to Modernize and Update Provisions a. A simplification of the method for measuring the height of structures b. Incremental increases to height maximums for structures in the RMF-MH, RMF-H, O&I, and I-2 districts to accommodate changes in construction standards and market demand c. Revisions to the Planned Development (PD) district intended to support more innovative projects that can be appropriate in both suburban and rural areas of the county d. New design standards for self-storage facilities in high-visibility areas Planning Board - August 6, 2020 ITEM: 5 - 1 - 1 TA19-01 Staff Report PB 7.9.2020 Page 2 of 8 BACKGROUND In February 2020, the New Hanover County Unified Development Ordinance (UDO) was adopted, consolidating five existing development codes into one unified format. Since that time, Planning staff has worked with the project’s consulting team, Clarion, to identify and prepare the amendments needed to close out the project. This request consists of a variety of amendments intended to clarify existing policies and modernize outdated code provisions. The primary future amendment that will bring this project to a close is the revised tree retention standards, as directed by the Board of Commissioners, though additional amendments are being drafted for consideration, such as neighborhood compatibility standards and updates to buffering requirements and setbacks. 1. ADMINISTRATIVE CORRECTIONS & CLARIFICATIONS OF EXISTING STANDARDS a. Site Lighting Clarification The Unified Development Ordinance currently has provisions in place that require site lighting associated with commercial, mixed use, and multi-family development to only illuminate the development and not shine on or spill over onto adjacent residential properties. However, the language is unclear and has resulted in enforcement issues and differing interpretations of whether the standard has been met. This amendment clarifies these standards by outlining specific limits on the amount of lighting allowed to spill over onto abutting residential and commercial properties and when these provisions apply. It is not intended to change existing regulations but to replace vague language with specific standards to assist with site design and review. Site designers and lighting designers with Duke Energy have reviewed the provisions to confirm standards are reasonable and do not create practical difficulties. b. Housekeeping Items to Clarify Provisions As mentioned during the consideration of the reorganized Unified Development Ordinance document, staff anticipated that some clarifications and “housekeeping” items would be included in future text amendments to ensure that current provisions were clear and to correct any transfer errors that may have occurred during the reorganization of code language into the over 400-page UDO document. This proposed amendment addresses each of these items, continuing the work to reorganize the county codes into one unified format. One of the primary goals of the reorganization of existing codes into a Unified Development Ordinance document was to clearly articulate how provisions have historically been interpreted to make sure all users of the document had a common understanding of what is allowed and not allowed. As staff has used the reorganized document to review development requests and answer property owners’ questions over the past five months, we have found that some provisions are not as clear as we had hoped they would be. To address these provisions, this amendment includes provisions specifying that: 1. Attached housing styles are only allowed as part of a performance residential development in the R-20, R-15, R-10, and R-7 zoning districts. Because some Zoning Ordinance users were not aware that townhomes and multi-family dwellings were possible in these districts based on historic interpretations of code provisions, each housing type is now listed separately in the Unified Development Ordinance’s Principal Use Table. This amendment adds additional language to their use-specific standards to further clarify that they are only Planning Board - August 6, 2020 ITEM: 5 - 1 - 2 TA19-01 Staff Report PB 7.9.2020 Page 3 of 8 permitted as part of a performance development, which applies density maximums, and cannot be built on a single lot. 2. Use of recreational vehicles or travel trailers as dwellings is only allowed in a Campground/Recreational Vehicle Park. This provision is currently located in the use- specific standards for Campground/Recreational Vehicle Park uses, and the proposed amendment adds the provision in the Accessory Use standards where it is more visible for ordinance users and clarifies that it does not prohibit parking of RVs or their use as Temporary Relocation Housing after a declared State of Emergency (such as Hurricane Florence). 3. A row of more than four townhomes (row-style dwellings) is not allowed in the R-5 district. This district was limited to no more than four dwelling units in a structure when it was initially adopted, which was no longer clear once quadraplex and row-style dwelling types were separated during the reorganization. c. Housekeeping Items to Correct Minor Transfer Errors As mentioned above, staff anticipated that it was possible that unintentional errors might be made when transferring provisions into the Unified Development Ordinance format. Since February, staff has found during regular use of this document that some existing requirements were inadvertently not included in the transfer of zoning provisions. As a result, this amendment includes the following provisions: 1. Special use permits for single-family dwellings, including mobile homes, do not require Planning Board review prior to the Board of Commissioners hearing and decision. This provision, which currently only applies to mobile homes in the RA, I-1, and I-2 districts, was originally adopted in 1990 to reduce the administrative burden for applicants for this small- scale, relatively non-complex use. While the sentence providing this process exception is outlined on application documents for special use permits, it is not currently articulated in the Unified Development Ordinance. 2. Freestanding sign standards for the Community Business (CB) district are the same as for the Neighborhood Business (B-1) district, while the standards for the Commercial Services (CS) district are the same as for the Regional Business (B-2), Light Industrial (I-1), Heavy Industrial (I-2), Airport Commerce (AC), and Shopping Center (SC) districts. These provisions were not included when the new districts were initially adopted. 3. Landscaping standards included in the Zoning Ordinance that were inadvertently not included in the reorganized document were added back. 2. MODIFICATIONS FOR LEGAL COMPLIANCE a. Update of Telecommunication Facility Standards The use-specific standards for telecommunication facilities, including antennas and wireless towers, has not been updated for several years and was no longer consistent with some provisions of state law (Session Law 2013-185). This amendment revises terms, definitions, and standards to ensure that our code language is aligned with those legal requirements. While some provisions, such as the terms and their definitions have no effect on current requirements, there are some changes. The state law currently sets the threshold for substantial modifications at a 10% alteration, while our ordinance currently allows a 15% alteration. This has been modified in the proposed amendment Planning Board - August 6, 2020 ITEM: 5 - 1 - 3 TA19-01 Staff Report PB 7.9.2020 Page 4 of 8 to be consistent with the state requirements, which we already must follow. In addition, the amended standards require a special use permit to approve a major modification to a nonconforming tower (requiring Board of Commissioner approval) rather than a variance (Board of Adjustment approval) to be consistent with other approval provisions. b. Revisions to Boat and Small Water Craft Storage Provisions An early draft of the Unified Development Ordinance document included a definition of the term “boat” that removed references to small watercraft, such as kayaks and canoes. A legal ruling in a development appeals case made early in the UDO project process modified the way boat- related uses are interpreted in our ordinance. The appeals court judge ruled that because the definition of “boat” in the county code included small watercraft such as kayaks, kayak racks were equivalent to dry stack boat storage facilities, a use only allowed in commercial and industrial districts. As a result, multiple properties, including the Pages Creek Park Preserve, that have been developed over the past several years have not been allowed to install kayak racks, a common amenity and residential accessory structure in New Hanover County. Figure 1: Typical Dry Dock Boat Storage vs. Typical Small Watercraft Storage Removing small watercraft from the definition of “boat”, however, would have allowed kayak racks and other accessory watercraft storage on the community boating facility properties that were the focus of the appeals case with solely administrative review. Based on adjacent property owner concerns regarding safety during storm events and the number of vehicles such structures could generate, the Planning Board requested that staff work with interested stakeholders to develop a clear definition for “boat” and standards for personal watercraft storage that would mitigate those impacts. The proposed amendment creates new definitions for “boat” and “small watercraft” that differentiate them. It also outlines accessory use standards for small watercraft storage structures associated with community boating facilities and outdoor recreation uses that address building code compliance, safety concerns, and parking. It clarifies that storage structures would require a building permit to make sure they meet anchoring requirements, watercraft would have to be removed if hurricanes were imminent, and additional parking would be required for outdoor recreation establishments and community boating facilities not adjacent to the residential properties they serve. Planning Board - August 6, 2020 ITEM: 5 - 1 - 4 TA19-01 Staff Report PB 7.9.2020 Page 5 of 8 It also requires that adding accessory small watercraft storage to a nonconforming use be allowed only with a special use permit. The addition of such structures is not necessarily an extension of a nonconforming use (one that was in existence prior to our current ordinance), but that determination would need to be made, along with considerations regarding potential impacts, based on the scope of each request and the specific circumstances of the property. The special use permit process provides a clear way for that determination and consideration to be made. 3. CHANGES TO MODERNIZE & UPDATE PROVISIONS Building Height Modifications The first amendment includes a simplification of the way the height of structures is measured and incremental increases to the maximum height allowed for structures in the RMF-MH, RMF-H, O&I, and I-1 districts. a. Simplification of Height Measurement The current method of measuring the height of structures has proven over time to be difficult to interpret and administer, and the intent of this amendment is to clarify provisions so they are easier to apply but still consistent with the North Carolina Building Code. The proposed measurement would no longer require calculation of the “main” roof as based on the building’s design and includes provisions for flat and gambrel roof types. b. Incremental Increase to Building Heights in Selected Districts Provisions to increase the maximum height of structures in four zoning districts districts (RMF-MH, RMF-H, O&I, and I-1): RMF-MH and RMF-H are the two higher density multi-family districts incorporated into the county’s ordinances last summer. Height in these districts is currently limited to 3 stories, with a maximum of 45 feet. The RMF-MH district allows up to 25 dwelling units per acre, and the RMF-H district allows up to 36 dwelling units per acre. These levels of density make a need for four-story buildings more likely, and increasing the maximum height allowed in these districts would allow for a building type—multi-family structures with an elevator—that could increase the housing access for older residents or those who have difficulty climbing stairs. Neither of these districts is currently applied to any properties within the unincorporated county, so the Planning Board and Board of Commissioners would be able to fully consider the height of individual projects under these standards if a rezoning were requested. This amendment also includes raising the maximum height for non-residential structures in the O&I district to 52 feet to allow for mixed use buildings and office buildings, given changes to the North Carolina Building Code that require more equipment space between stories and market preference for higher first-floor ceilings. The height in the I-1 district, where office buildings are also likely, is raised to a 45-foot maximum. The intent is to allow developments to build the same number of stories (generally four) that were possible when the height limits were originally established but Figure 2: Proposed Graphic Illustrating Measurement Planning Board - August 6, 2020 ITEM: 5 - 1 - 5 TA19-01 Staff Report PB 7.9.2020 Page 6 of 8 that are now difficult to achieve under current building standards. While these height increases will apply to existing properties with these zoning designations, current setback and buffering provisions, which are based on building height, limit potential impacts to adjacent residential properties. c. Planned Development (PD) District Revisions The intent of this amendment is to increase the flexibility of the Planned Development district provisions to encourage innovative projects that are appropriate throughout the different communities in the unincorporated county. Current provisions include standards for setbacks that actually provide less flexibility than allowed in other districts through the performance residential option. Also, the base PD density (4.25 units per acre) is currently set lower than the Comprehensive Plan outlines for several place types. Additional density is currently allowed based on a point system originally adopted in 1984 intended to incentivize quality development and community benefits through density bonuses. That point system, though, is one-size-fits-all with the same development features, such as docks and bus shelters, shown as desirable regardless of the project location or needs of the surrounding community. In addition, they are not consistently aligned with the development priorities outlined in the current 2016 Comprehensive Plan. Rather than using a density bonus point system, which is a dated model and a strategy most often effective when the places where it is applied have consistent needs and their costs and benefits are easier to calculate, our consulting firm has recommended a more flexible planned development strategy as best practice. This method sets up general parameters for density and dimensional requirements but allows the Master Development Plan proposed as part of the initial rezoning to outline specific provisions for the project within that basic framework. Proposed projects would have to demonstrate the benefits to the surrounding community that warrant this flexibility, providing, for instance, features such as increased roadway or pedestrian connections, workforce housing, or habitat preservation, depending on the needs of the particular location of the planned development. This amendment also includes clear provisions on how existing planned developments maintain their existing approvals and the process for major modifications if they are requested. d. Self-Storage Facility Design Standards Demand for self-storage facilities in New Hanover County remains strong as they are associated with smaller lot residential developments, “downsizing” of homes, and restrictive covenants against storage buildings common in coastal areas due to state impervious surface limits. These uses are allowed by-right in seven zoning districts, including the most common commercial district, B-2, which often lines high-visibility roadway corridors and is applied to properties at larger commercial nodes like Monkey Junction and Porters Neck. Over the past several years, self-storage or mini- warehouse facilities requested as part of conditional zoning districts have been approved subject to conditions regarding building and site design to mitigate concerns of community residents. However, projects built by-right are not subject to similar considerations, and residents and board members have asked for additional requirements to limit features like metal buildings and bright colors from being visible from roadways and adjacent residential properties. This amendment is intended to require design standards commonly applied during conditional zoning approvals for facilities in higher visibility locations, namely the B-2 district and any other districts along College Road, Market Street, Carolina Beach Road, and Castle Hayne Road. Projects in industrial areas would not be subject to the same requirements. Planning Board - August 6, 2020 ITEM: 5 - 1 - 6 TA19-01 Staff Report PB 7.9.2020 Page 7 of 8 The proposed design standards include the limitations on metal buildings and bright colors along with requirements that buildings adjacent to roadways or residential properties be appropriately screened and designed to look like office buildings. This amendment will also allow for accessory storage of boats and recreational vehicles, as demand is increasing for these services, which are commonly seen as accessory uses in these types of facilities. However, it establishes standards to limit the visibility of those areas from adjacent properties. PROPOSED AMENDMENT The proposed text amendment is attached, with red italics indicating new language and strikethrough indicating provisions that are removed. STAFF RECOMMENDATION Staff recommends approval of the requested amendment and suggests the following motion: I move to APPROVE the proposed amendment to the New Hanover County Unified Development Ordinance that clarifies current provisions, maintains consistency with legal requirements, modifies height measurements and maximums, adds flexibility for planned development projects, and outlines appropriate standards for self-storage facilities and small watercraft storage. I find it to be CONSISTENT with the purpose and intent of the 2016 Comprehensive Plan because it provides up-to-date zoning tools that reflect the plan’s recommended place types and development patterns. I also find APPROVAL of the proposed amendment reasonable and in the public interest because it clarifies current practices in the county’s development regulations for stakeholders and code users and allows for development appropriate in suburban communities common in New Hanover County. Planning Board - August 6, 2020 ITEM: 5 - 1 - 7 TA19-01 Staff Report PB 7.9.2020 Page 8 of 8 Subject Articles and Sections Article 1: General Provisions • Section 1.7: Transitional Provisions Article 2: Measurements and Definitions • Section 2.1: Measurements • Section 2.3: Definitions and Terms Article 3: Zoning Districts • Section 3.2: Residential Zoning Districts • Section 3.3: Mixed Use Zoning Districts o Section 3.3.7: Planned Development (PD) District • Section 3.4: Commercial and Industrial Districts Article 4: Uses and Use-Specific Standards • Section 4.2: Allocation of Principal Uses o Section 4.2.1: Principal Use Permissions • Section 4.3: Standards for Specified Principal Uses o Section 4.3.2: Residential Uses o Section 4.3.3: Civic & Institutional Uses o Section 4.3.4: Commercial Uses • Section 4.4: Accessory Use and Structure Standards o Section 4.4.3: Permissions for Specified Accessory Uses and Structures o Section 4.4.4: Standards for Specified Accessory Uses and Structures Article 5: General Development Standards • Section 5.4: Landscaping and Buffering o Section 5.4.4: Transitional Buffers o Section 5.4.6: Parking Lots o Section 5.4.7: Street Yards • Section 5.5: Exterior Lighting • Section 5.6: Signs o Section 5.6.2: General Provisions Article 10: Administrative Procedures • Section 10.3: Application-Specific Procedures o Section 10.3.4: Master Planned Development o Section 10.3.5: Special Use Permit Planning Board - August 6, 2020 ITEM: 5 - 1 - 8 2020-08 Planning Board Hearing Draft-Lighting Clarification Amendment 1 Section 5.5 Exterior Lighting All site lighting for non-residential, mixed use, or multi-family uses shall be located and directed so as not to shine or reflect directly onto any adjacent residential zoning districts and/or uses. 5.5.1 PUPOSE AND INTENT The purpose and intent of this section is to regulate exterior lighting to: A. Ensure all exterior lighting is designed and installed to maintain adequate lighting levels on site; B. Assure that excessive light spillage and glare are not directed at adjacent property, neighboring areas, or motorists; C. Provide certainty during the development review process; and D. Provide security for persons and property. 5.5.2 APPLICABILITY A. General Unless exempted by subsection B below, the standards in this section apply to: 1. All new non-residential, mixed-use, and multi-family development; 2. Any individual expansion of a building in a non-residential, mixed-use, or multi- family development if the expansions increases the building’s floor area by 50 percent or more; and 3. Any expansion or alteration of a lighted outdoor area. B. Exemptions The following types of lighting are exempted from the standards of this section: 1. Lighting exempt under state or federal law; 2. FAA-mandated lighting associated with a utility tower or airport; 3. Lighting for public monument and statuary; 4. Lighting solely for signage (for signage lighting standards see Sec. 5.6.2.D, Lighting); 5. Temporary lighting for circuses, fairs, carnivals, and theatrical and other performance areas, provided such lighting is discontinued upon completion of the event or performance; 6. Temporary lighting of construction sites, provided such lighting is discontinued upon completion of the construction activity; 7. Temporary lighting for emergency situations, provided such lighting is discontinued upon abatement of the emergency situation; 8. Security lighting controlled and activated by motion sensor devices for a duration of 15 minutes or less; Planning Board - August 6, 2020 ITEM: 5 - 2 - 1 2020-08 Planning Board Hearing Draft-Lighting Clarification Amendment 2 9. Underwater lighting in swimming pools, fountains, and other water features; 10. Holiday or festive lighting; and 11. Outdoor lighting fixtures that do not comply with provisions of this section on ___ [insert effective date of this amendment]. 5.5.3 TIME OF REVIEW Information about the exterior lighting for the site that demonstrates compliance with the standards in this section shall be submitted in conjunction with an application for site plan approval (Section 10.3.6, Site Plan) or zoning compliance approval (Section 10.3.8, Zoning Compliance Approval), whichever comes first. 5.5.4 GENERAL STANDARDS A. Maximum Illumination Levels Except for street lighting, all exterior lighting and indoor lighting visible from outside shall be designed and located so that the maximum illumination measured in foot candles at ground level at a long line (see Figure 5.5.4.B: Maximum Illumination Levels) shall not exceed the standards in Table 5.5.4.B: Maximum Illumination Levels. Table 5.5.4.B: Maximum Illumination Levels Type of Use Abutting Lot Line Maximum Illumination Level at Lot Line (Foot- Candles) Single family detached, two-family (duplex), triplex, and quadraplex dwellings, or vacant land in the R-20S, R-20, R-15, and R-10 zoning districts 0.5 All other residential uses and vacant land in all other Residential districts 1.0 All other uses 2.0 Planning Board - August 6, 2020 ITEM: 5 - 2 - 2 2020-08 Planning Board Hearing Draft-Lighting Clarification Amendment 3 Figure 5.5.4.B: Maximum Illumination Levels 5.5.5 PROHIBITED LIGHTING The following lighting is prohibited: A. Light fixtures that imitate an official highway or traffic control light or sign; B. Light fixtures that have a flashing or intermittent pattern of illumination, except as permitted for signage in accordance with Section 5.6.2.D, Lighting; C. Exterior lighting in the Airport Residential (AR) district that does not comply with Section 3.2.5.E.1, Lighting; D. Exterior lighting in the Airport Commerce (AC) district that does not comply with Section 3.4.9.E.2, Lighting; and E. Searchlights, except when used by federal, state, or local authorities, or where they are used to illuminate alleys, parking garages, and working (maintenance) areas, so long as they are shielded and aimed so that they do not result in lighting on any adjacent lot or public right-of-way exceeding 2.0 foot candles. 5.5.6 EXEMPTIONS FOR SAFETY REASONS A. Government facilities like parks, public safety facilities, and the like, as well as private development may submit a security plan to the Planning Director proposing exterior lighting that deviates from the standards in this section. The Planning Director shall submit the security plan to the Sheriff’s Department for review and shall then approve or approve with conditions the security plan and its proposed deviation from the standards, upon finding that: 1. The proposed deviation from the standards is necessary for the adequate protection of the subject land, development, or the public. 2. The condition, location, or use of the land, or the history of activity in the area, indicates the property or any materials stored or used on it are in significantly Planning Board - August 6, 2020 ITEM: 5 - 2 - 3 2020-08 Planning Board Hearing Draft-Lighting Clarification Amendment 4 greater danger of theft or damage, or members of the public are at greater risk for harm than on surrounding property without the additional lighting; and 3. The proposed deviation from the standards is the minimum required, and will not have a significant adverse effect on neighboring lands. B. If the Planning Director finds the applicant fails to demonstrate compliance with subsection A above, the security plan and its proposed deviation from the standards shall be denied. Planning Board - August 6, 2020 ITEM: 5 - 2 - 4 2020-08 Planning Board Hearing Draft-Housekeeping Amendment-Attached Dwelling Types 1 Table 4.2.1: Principal Use Table Key: P = Permitted by Right S = Special Use Permit Required * = Specific Use Standards Apply in District blank cell = not allowed Use Zoning District Use Standards RA AR R-20S R-20 R-15 R-10 R-7 R-5 RMF-L RMF-M RMF-MH RMF-H PD UMXZ B-1 CB B-2 O&I SC CS AC I-1 I-2 Residential uses Household Living Dwelling, Dual-Unit Attached P* P* P* P* P P P P P P P S* S* P Dwelling, Multi-Family P* P* P* P* P P P P P P S* S* P 4.3.2.1 Dwelling, Quadraplex P* P* P* P* P P P P P P P S* S* P 4.3.2.1 Dwelling, Single-Family Detached P P P P P P P P P P P P P P S* S* P P 4.3.2.1 Dwelling, Triplex P* P* P* P* P P P P P P P S* S* P 4.3.2.1 Dwelling, Row-Style P* P* P* P* P P P P P P P S* S* P 4.3.2.1 Planning Board - August 6, 2020 ITEM: 5 - 2 - 5 2020-08 Planning Board Hearing Draft-Housekeeping Amendment-Attached Dwelling Types 2 4.3.2 RESIDENTIAL USES A. Household Living 1. Dwelling, Dual-Unit Attached a. In the R-20, R-15, R-10, and R-7 zoning districts, dual-unit attached dwellings are only allowed as part of a performance residential development and are subject to the maximum density for the district. b. Dual-unit attached dwellings in the B-1 and B-2 districts shall comply with the standards for multi-family dwellings in those districts. 2. Dwelling, Multi-Family a. In the R-20, R-15, R-10, and R-7 zoning districts, multi-family dwellings are only allowed as part of a performance residential development and are subject to the maximum density for the district. b. Multi-family dwellings in the B-1 and B-2 districts shall comply with the following standards: 1. Dwelling units must be part of mixed use development established to provide innovative opportunities for an integration of diverse but compatible uses into a single development that is unified by distinguishable design features with amenities and walkways to increase pedestrian activity. 2. The development shall be single ownership or unified control of a property owners association. 3. Uses with the development are restricted to residential uses and uses allowed in the B-1 district. 4. Sidewalks must be provided throughout the project. 5. Parking location and quantity shall be shared. 6. Community facilities and/or common area shall be provided. 7. Mixed-Use Residential buildings are permitted and encouraged. 8. Conceptual elevations indicating proposed architectural style and conceptual lighting plans shall be submitted with the application. 3. Dwelling, Quadraplex a. In the R-20, R-15, R-10, and R-7 zoning districts, quadraplex dwellings are only allowed as part of a performance residential development and are subject to the maximum density for the district. b. Quadraplex dwellings in the B-1 and B-2 districts shall comply with the standards for multi-family dwellings in those districts. 4. Dwelling, Single-Family Detached Single-family dwellings in the B-1 and B-2 districts shall comply with the standards for multi-family dwellings in those districts. Planning Board - August 6, 2020 ITEM: 5 - 2 - 6 2020-08 Planning Board Hearing Draft-Housekeeping Amendment-Attached Dwelling Types 3 5. Dwelling, Triplex a. In the R-20, R-15, R-10, and R-7 zoning districts, triplex dwellings are only allowed as part of a performance residential development and are subject to the maximum density for the district. b. Triplex dwellings in the B-1 and B-2 districts shall comply with the standards for multi-family dwellings in those districts. 6. Dwelling, Row-Style a. In the R-20, R-15, R-10, and R-7 zoning districts, row-style dwellings are only allowed as part of a performance residential development and are subject to the maximum density for the district. b. Row-style dwellings in the B-1 and B-2 districts shall comply with the standards for multi-family dwellings in those districts. Planning Board - August 6, 2020 ITEM: 5 - 2 - 7 2020-08 Planning Board Hearing Draft-Housekeeping Amendment-Correction of Transfer Errors 1 5.4.4 TRANSITIONAL BUFFERS D. Transitional buffers shall provide approximately 100 percent opacity and may be occupied only by natural and/or planted vegetation, berms, and fencing as specified in Table 5.4.4.BD: Transitional Buffer Types and Specifications. Where a utility easement occupies a portion of the buffer, sufficient plantings must be provided outside the easement to meet the required opacity standard. Table 5.4.4.BD: Transitional Buffer Types and Specifications Type Specifications Planted Buffer Strip  Planted materials shall be a minimum of six feet in height and provide approximately 100 percent opacity within one year of planting.  Three rows of planted material are required. Combination Planted Buffer Strip and Fencing  Fencing shall be between six and ten feet in height  Planted materials shall be located between the fence and the common property line.  If solid fencing is used, two rows of planted materials a minimum of three feet in height and providing approximately 50 percent visual opacity at initial planting shall be required.  If permeable fencing is used, two rows of planted materials giving approximately 100 percent of visual opacity within one year of planting shall be required. Combination Berm and Vegetation  The combined height of the berm and planted vegetation shall be a minimum of six feet and provide approximately 100 percent opacity within one year of planting.  The slope of the berm shall be stabilized with vegetation. The slope shall be no steeper than 3:1.  The height of the berm shall be six inches feet or less with a level or rounded area on top.  The berm shall be constructed of compacted earth. Planning Board - August 6, 2020 ITEM: 5 - 2 - 8 2020-08 Planning Board Hearing Draft-Housekeeping Amendment-Correction of Transfer Errors 2 5.4.6 PARKING LOTS D. Landscaping for parking lot interiors shall be in accordance with the specifications outlined in Table 5.4.6.D: Design Criteria for Parking Lot Interiors. 5.4.6.D: Design Criteria for Parking Lot Interiors Dimensional Standards  Interior landscaped areas shall be equal to eight percent of the total area to be used for parking, loading, automobile sales, driveways, internal drive aisles, and other vehicular or pedestrian use.  Landscaping islands, either separate from or protruding from perimeter landscaping strips, shall be a minimum of 12 feet measured from back of curb to back of curb. Plantings Required  One planted or existing tree shall be required for every 144 square feet of total interior landscaped area, with a minimum of one tree in each island.  At least 75 percent of trees required for interior landscaping shall be of a shade/canopy species a minimum of three inches caliper in size.  The remainder of interior landscaped area shall be covered with appropriate groundcover, except for designated pedestrian walkways making up no more than 15 percent of any island. Design Standards  No parking space shall be located more than 120 feet from a landscaped island.  All parking spaces shall be blocked or curbed to prevent vehicles from encroaching more than one foot into planting islands or landscaped yards or damaging adjacent fences or screens.  Depressions and curb cuts shall be allowed for water quality protection. Design Alternatives  The interior landscaping requirement for storage facilities can be met with landscaped islands on the ends of buildings and with protruding perimeter landscaping.  Interior landscaping within automobile sales lots may be distributed so that smaller understory trees are utilized toward the interior of the lot and shade trees are placed toward the perimeter.  For redevelopment of nonconforming parking facilities containing a total of 5-25 parking stalls, a perimeter landscaped strip a minimum width of ten feet may be provided in-lieu of interior landscaping. For every 40 linear feet, or fraction thereof, the perimeter strip shall contain a minimum of one canopy tree at least three-inch caliper in size or three understory trees at least six feet in height AND a continuous row of evergreen shrubs a minimum 18 inches in height. Planning Board - August 6, 2020 ITEM: 5 - 2 - 9 2020-08 Planning Board Hearing Draft-Housekeeping Amendment-Correction of Transfer Errors 3 5.4.7 STREET YARDS B. Street yard area shall be required in accordance with the specifications outlined in Table 5.4.7.B, Street Yard Area Standards. The applicant may install the street yard in any configuration that provides the required amount of street yard square footage between the property line and any site improvements, and conforms with required street yard minimum and maximum widths. Table 5.4.7.B: Street Yard Area Standards Zoning District or Use Required Area B-2, CS, I-1, I-2, AC  25 square feet for every linear foot of street yard frontage  Minimum street yard width: 12.5 feet  Maximum street yard width: 37.5 feet B-1, CB, O&I, EDZD, UMXZ Districts Developments with Additional Dwelling Allowance or High Density Development Special Use Permit  18 square feet for every linear foot of street yard frontage  Minimum street yard width: 9 feet  Maximum street yard width: 27 feet Non-Residential Uses in Residential Districts  12 square feet for every linear foot of street yard frontage  Minimum street yard width: 8 feet  Maximum street yard width: 18 feet  The road fronting width of driveways are not included in the linear street frontage when determining the base street yard area.  The area of any walkways, sidewalks or other bicycle and pedestrian facilities, and transit amenities shall be subtracted from the base street yard area required above to get the total required street yard area.  Areas designated for stormwater functions, except piped areas, shall not be included in the required street yard area.  The applicant may choose to increase the required square footage per linear foot up to 25 percent to receive an equivalent reduction in the building’s front yard setback.  The applicant may install the street yard in any configuration that provides the required amount of street yard square footage between the property line and any site improvements as long as it remains in compliance with the minimum and maximum widths outlined above. Planning Board - August 6, 2020 ITEM: 5 - 2 - 10 2020-08 Planning Board Hearing Draft-Housekeeping Amendment-Correction of Transfer Errors 4 5.6.2 GENERAL PROVISIONS J. Signs Which Require a Permit 4. Principal Use Signs a. Freestanding Signs 1. Primary. One primary freestanding sign per premises, in accordance with Table 5.6.2.J.4.a, Freestanding Sign Standards. Table 5.6.2.J.4.a: Freestanding Sign Standards Zoning District Number of Lanes Street Frontage (Feet) [1] Front Setback (Min./Max.) (Feet) [2][3] Maximum Primary Sign Height (Feet) Maximum Aux. Sign Height (Feet) Maximum Primary Sign Area (Square Feet) Maximum Auxiliary Sign Area (Square Feet) B-1, PD, CB 2 N/A 10 / 20 20 10 50 25 4 < 100 10 / 20 20 N/A 50 N/A > 100 10 / 20 20 12 65 32 B-2, CS, I-1, I-2, AC, SC 2 < 100 10 / 20 20 N/A 65 N/A > 100 10 / 25 20 18 100 50 4 < 100 10 / 25 20 N/A 100 N/A > 100 10 / 30 25 20 150 75 > 300 10 / 30 30 20 175 90 NOTES: [1] Number of lanes refers to the ultimate number of lanes based upon existing roadway conditions or upon construction plans approved as part of the current NC DOT Transportation Improvement Program. [2] Notwithstanding the minimum and maximum front setback requirements indicated above, primary freestanding signs which do not exceed six feet in height and are less than 76 percent of the maximum sign area established above, may be located within five feet of the front property line and shall have no maximum front setback. [3] Front Setback refers to the setback from the front or corner side property lines. Planning Board - August 6, 2020 ITEM: 5 - 2 - 11 2020-08 Planning Board Hearing Draft-Housekeeping Amendment-Correction of Transfer Errors 5 10.3.5 SPECIAL USE PERMIT C. Special Use Permit Procedure Figure 10.3.5.C summarizes the requirements and procedures in Section 10.2, Standard Review Procedures that apply to special use permits. Subsections 1 through 7 below, specify the required procedure for a special use permit, including applicable additions or modifications to the standard review procedures. Figure 10.3.5.C: Summary of Special Use Permit Procedure Public Hearing Procedures (Optional) Pre-Application Conference 1* Community Information Meeting 2 Application Submittal & Acceptance 3 Planning Director Review & Staff Report (TRC Optional) 4 Public Hearing Scheduling & Notification 5 Planning Board Hearing & Recommendation* 6 Board of Commissioners Hearing & Decision 7 Post-Decision Limitations and Actions *Special use permits for single-family dwellings, including mobile homes, shall not require Planning Board review prior to the Board of Commissioners Hearing & Decision. Planning Board - August 6, 2020 ITEM: 5 - 2 - 12 2020-08 Planning Board Hearing Draft-Housekeeping Amendment-Telecommunications Legal Update 1 2.3 DEFINITIONS AND TERMS AMATEUR RADIO ANTENNA Amateur radio antennas as prescribed in North Carolina General Statutes §160D-905 ANTENNA Communications equipment that transmits, receives, or transmits and receives electromagnetic radio signals used in the provision of all types of wireless communications services. BASE STATION For the purposes of the Communications and Information Facilities standards of Subsection 4.3.3, “base station” shall mean a station at a specific site authorized to communicate with mobile stations, generally consisting of radio receivers, antennas, coaxial cables, power supplies, and other associated electronics. COLLOCATION The placement, installation, maintenance, modification, operation, or replacement of wireless facilities on, under, within, or on the surface of the earth adjacent to existing structures, including utility poles, city utility poles, water towers, buildings, and other structures capable of structurally supporting the attachment of wireless facilities in compliance with applicable codes. The term does not include the installation of new utility poles, city utility poles, or wireless support structures. ELIGIBLE FACILITIES REQUEST A request for modification of an existing wireless tower or base station that involves collocation of new transmission equipment or replacement of transmission equipment but does not include a substantial modification. EQUIPMENT COMPOUND An area surrounding or near the base of a wireless support structure within which a wireless facility is located. NON-SUBSTANTIAL MODIFICATION See “Eligible Facilities Request”. SUBSTANTIAL MODIFICATION The mounting of a proposed wireless facility on a wireless support structure that substantially changes the physical dimensions of the support structure. A mounting is presumed to be a substantial modification if it meets any one or more of the criteria: A. Increasing the existing vertical height of the structure by the greater of (i) more than ten percent (10%) or (ii) the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet. B. Except where necessary to shelter the antenna from inclement weather or to connect the antenna to the tower via cable, adding an appurtenance to the body of a wireless support structure that protrudes horizontally from the edge of the wireless support structure the greater of (i) more than 20 feet or (ii) more than the width of the wireless support structure at the level of the appurtenance. C. Increasing the square footage of the existing equipment compound by more than 2,500 square feet. Planning Board - August 6, 2020 ITEM: 5 - 2 - 13 2020-08 Planning Board Hearing Draft-Housekeeping Amendment-Telecommunications Legal Update 2 TOWER (AS APPLIES TO TELECOMMUNICATIONS) For the purposes of the Communications and Information Facilities standards of Subsection 4.3.3, “tower” shall be used interchangeably with “wireless support structure”. See “Wireless Support Structure”. WIRELESS FACILITY Equipment at a fixed location that enables wireless communications between user equipment and a communications network, including (i) equipment associated with wireless communications and (ii) radio transceivers, antennas, wires, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration. The term includes small wireless facilities. The term does not include any of the following: a. The structure or improvements on, under, within, or adjacent to which the equipment is collocated. b. Wireline backhaul facilities. c. Coaxial or fiber-optic cable that is between wireless structures or utility poles or city utility poles or that is otherwise not immediately adjacent to or directly associated with a particular antenna. WIRELESS SUPPORT STRUCTURE A new or existing structure, such as a monopole, lattice tower, or guyed tower that is designed to support or capable of supporting wireless facilities. A utility pole is not a wireless support structure. Planning Board - August 6, 2020 ITEM: 5 - 2 - 14 2020-08 Planning Board Hearing Draft-Housekeeping Amendment-Telecommunications Legal Update 3 Table 4.2.1: Principal Use Table Key: P = Permitted by Right S = Special Use Permit Required * = Specific Use Standards Apply in District blank cell = not allowed Use Zoning District Use Standards RA AR R-20S R-20 R-15 R-10 R-7 R-5 RMF-L RMF-M RMF-MH RMF-H PD UMXZ B-1 CB B-2 O&I SC CS AC I-1 I-2 Communication and Information Facilities Amateur Radio Antennas (up to 90 ft.) P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* 4.3.3.3 Antenna & Towers less than 70 ft. in Height & Ancillary to the Principal Use P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* 4.3.3.3 Cellular & PCS Antenna Collocation, Wireless P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* 4.3.3.3 Non-Substantial Modification P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* 4.3.3.C Other Wireless Communication Facilities including Towers Wireless Support Structures & Substantial Modifications S* S* S* S* S* S* S* S* S* S* S* S* S* S* S* S* S* S* S* S* S* P* P* 4.3.3.3 Planning Board - August 6, 2020 ITEM: 5 - 2 - 15 2020-08 Planning Board Hearing Draft-Housekeeping Amendment-Telecommunications Legal Update 4 Subsection 4.3.3 Civic & Institutional Uses C. Communication and Information Facilities 1. General Requirements for All Communication and Information Facilities. The following standards shall apply to all communications and information facilities: a. Setbacks. Except for amateur radio antenna up to 90 feet, any tower, antenna, or related wireless support structure in any zoning district shall be set back from any existing residential property line or residential zoning district boundary a distance equal to the height of the tower as measured from the base of the tower. In no case shall the setback for any tower, antenna, or related structure be less than 50 feet. b. Certification Required. All applicants seeking approval shall also submit a written affidavit from a qualified person or persons, including evidence of their qualifications, certifying that the construction or placement of such structures meets the provisions of the Federal Communications Act, 47 U.S.C. § 332, as amended, section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012, 47 U.S.C. § 1455(a), in accordance with the rules promulgated by the Federal Communications Commission (FCC), and all other applicable federal, state, and local laws. The statement must certify that radio frequency emissions from the antenna array(s) comply with the FCC standards. The statement shall also certify that both individually and cumulatively the proposed facilities located on or adjacent to the proposed facility will comply with current FCC standards. In accordance with NCGS 160D-932, the county cannot base its permitting decision on public safety implications of radio frequency emissions of wireless facilities. c. Expert Review. Outside experts and disputes are subject to the following provisions: 1. Siting of telecommunications facilities may involve complex technical issues that require review and input by outside experts. Staff may require the applicant to pay the reasonable costs of a third-party technical study of a proposed facility. Selection of expert(s) to review the proposal shall be at the sole discretion of the decision-making body. 2. If an applicant for a telecommunications facility claims that one or more standards of this ordinance are inconsistent with federal law as applied to a particular property, or would prohibit the effective provision of wireless communications within the relevant market area, the decision- making body may require that the applications be reviewed by a qualified engineer for a determination of the accuracy of such claims. Any costs shall be charged to the applicant. d. Signage. Signage shall comply with the following standards: Planning Board - August 6, 2020 ITEM: 5 - 2 - 16 2020-08 Planning Board Hearing Draft-Housekeeping Amendment-Telecommunications Legal Update 5 1. Attaching commercial messages for off-site or on-site advertising shall be prohibited. 2. The only signage that is permitted upon an antenna, wireless support structure, equipment cabinet, or fence shall be informational and for the purpose of identifying: i. The antenna support structure (such as ASR registration number); ii. The party responsible for the operation and maintenance of the facility; iii. Its current address and telephone number; iv. Security or safety signs; v. Property manager signs for the tower (if applicable); and vi. Signage appropriate to warn the general public as to the use of the facility for radiofrequency transmissions. 2. Amateur Radio Antenna Except for in the I-1 and I-2 districts, Amateur Radio Antenna 90 feet in height or taller, in addition to the standards set forth in Subsection 4.3.3.C.1 above, shall require a Special Use Permit and are subject to the standards of 4.3.3.C.6 below. 3. Antenna & Towers Ancillary to the Principal Use Except for in the I-1 and I-2 districts, Antenna & Towers 70 feet in height or taller, in addition to the standards set forth in Subsection 4.3.3.C.1 above, shall require a Special Use Permit and are subject to the standards of 4.3.3.C.6 below. 4. Collocations a. Wireless collocations attached to existing structures that are not considered non- substantial modifications shall not add more than six feet to the overall height of a structure. b. The applicant is encouraged to provide simulated photographic evidence of the proposed appearance of the collocation and a statement as to the potential visual and aesthetic impacts on all adjacent residential zoning districts. The simulation should include overall height; configuration; physical location; mass and scale; materials and color (including proposals for steel structures); and illumination. c. Concealed (stealth) or camouflaged facilities are encouraged when the method of concealment is appropriate to the proposed location. Stealth facilities may include but are not limited to: painted antenna and feed lines to match the color of a building or structure, faux windows, dormers, or other architectural features that blend with an existing or proposed building or structure. Freestanding stealth Planning Board - August 6, 2020 ITEM: 5 - 2 - 17 2020-08 Planning Board Hearing Draft-Housekeeping Amendment-Telecommunications Legal Update 6 facilities typically have a secondary, obvious function such as a church steeple, windmill, silo, light standard, flagpole, bell/clock tower, water tower, or tree. 5. Non-Substantial Modifications a. The applicant is encouraged to provide simulated photographic evidence of the proposed appearance of non-substantial modification and a statement as to the potential visual and aesthetic impacts on all adjacent residential zoning districts. The simulation should include overall height; configuration; physical location; mass and scale; materials and color (including proposals for steel structures); and illumination. b. Concealed (stealth) or camouflaged facilities are encouraged when the method of concealment is appropriate to the proposed location. Stealth facilities may include but are not limited to: painted antenna and feed lines to match the color of a building or structure, faux windows, dormers, or other architectural features that blend with an existing or proposed building or structure. Freestanding stealth facilities typically have a secondary, obvious function such as a church steeple, windmill, silo, light standard, flagpole, bell/clock tower, water tower, or tree. 6. Other Wireless Communication Facilities including New Wireless Support Structures & Substantial Modifications a. Where Special Use Permits are required, all of the following standards shall be applied, and all requirements must be met. Additional conditions may be determined to mitigate negative impacts, and the permit should be approved only if all negative impacts can be mitigated. No reductions in setbacks may be granted for this use for increased buffers. 1. The minimum distance between the wireless support structure and any other adjoining parcel of land or road must be equal to the minimum setback described in Subsection 4.3.3.C.1.a above, plus any additional distance necessary to ensure that the wireless support structure, as designed, will fall within the wireless support structure site. 2. The applicant shall provide simulated photographic evidence of the proposed appearance of the wireless support structure and wireless facilities from four vantage points and a statement as to the potential visual and aesthetic impacts on all adjacent residential zoning districts. The simulation shall include overall height; configuration; physical location; mass and scale; materials and color (including proposals for steal structures); and illumination. 3. Concealed (stealth) or camouflaged facilities are encouraged when the method of concealment is appropriate to the proposed location. Attached stealth facilities may include but are not limited to: painted antenna and feed lines to match the color of a building or structure, faux windows, dormers, or other architectural features that blend with an Planning Board - August 6, 2020 ITEM: 5 - 2 - 18 2020-08 Planning Board Hearing Draft-Housekeeping Amendment-Telecommunications Legal Update 7 existing or proposed building or structure. Freestanding stealth facilities typically have a secondary, obvious function such as a church steeple, windmill, silo, light standard, flagpole, bell/clock tower, water tower, or tree. 4. The proposed appearance of concealed or non-concealed facilities shall be evaluated for compatibility with the surrounding community prior to submission of the special use permit application. Applicants shall meet with Planning and Land Use staff for a preliminary review of proposed appearance in order to assure each facility will impose the least obtrusive visual impact. b. A landscaped buffer with a base width not less than 25 feet and providing 100 percent opacity shall be required within the wireless support structure site to screen the exterior of protective fencing or walls. The base station and equipment compound of the wireless support structure and each guy wire anchor must be surrounded by a fence or wall not less than eight feet in height. c. All wireless support structures shall be constructed to accommodate collocation. Structures over 150 feet in height shall be engineered to accommodate at a minimum two additional providers. Structures 150 feet or less in height shall be engineered to accommodate at a minimum one additional provider. d. Equipment compounds shall comply with the following standards: 1. Shall not be used for the storage of any equipment or hazardous waste (e.g., discarded batteries) or materials not needed for the operation. No outdoor storage yards shall be allowed in a tower equipment compound. 2. Shall not be used as a habitable space. e. The applicant shall submit Form 7460 to the Federal Aviation Administration (FAA) to assure compliance with all FAA standards and to resolve issues of concern, including required lighting, possible transmission interference or other conflicts when the proposed wireless support structure site is located within 10,000 feet of an airport or within any runway approach zone. 7. Nonconforming Wireless Support Structures. a. Any wireless support structure and associated equipment which was lawfully constructed under the terms of the Ordinance, which is now considered a nonconforming improvement, may continue or be reconstructed as a conforming improvement even though the wireless support structure and associated equipment may not conform with the provisions of this ordinance for the district in which it is located. Wireless support structures and associated equipment may only be enlarged and/or relocated if the enlarged or relocated wireless support structure: is considered an eligible facilities request, eliminates the need for an additional wireless support structure, provides additional collocation Planning Board - August 6, 2020 ITEM: 5 - 2 - 19 2020-08 Planning Board Hearing Draft-Housekeeping Amendment-Telecommunications Legal Update 8 opportunities on the wireless support structure, or provides additional antenna space on the wireless support structure; and provided further that the enlargement and/or relocation shall be in conformance with the following regulations and design limitations: 1. Wireless support structure height may not be increased by more than 10 percent of the originally constructed structure height, except where either of the following is applicable: a. The district in which the wireless support structure is located would allow the increase by right, or; b. The wireless support structure was originally permitted as a special use permit and the applicant obtains a special use permit modification, as described in UDO Section 10.3.5 Special Use Permit. 2. A wireless support structure shall be allowed to be reconstructed and relocated within the boundaries of the property on which it is located so long as the decrease in the setbacks does not exceed 10 percent of the originally constructed structure height and the relocated structure is sited to minimize any increase in the existing nonconformity. Any request to reconstruct and relocate the structure where the resulting decrease in setback exceeds 10 percent of the originally constructed structure height shall require a special use permit or special use permit modification, as described in UDO Section 10.3.5 Special Use Permit. Planning Board - August 6, 2020 ITEM: 5 - 2 - 20 2020-08 Planning Board Hearing Draft-Housekeeping Amendment-Boat Definition & Small Watercraft Storage 1 2.3 DEFINITIONS AND TERMS BOAT A vessel or watercraft of any type or size specifically designed to be self-propelled, whether by engine, sail, oar, or paddle or other means, which is used to travel from place to place by water. engine or sail, including yachts, pontoon boats, sail boats, personal watercraft such as Jet-Skis®, and motorized inflatable boats such as Zodiacs®. For the purposes of this Ordinance, this definition does not include small watercraft, as herein defined. WATERCRAFT, SMALL A vessel or watercraft, generally smaller than boats as herein defined, that floats on or operates on the water, regardless of the means of propulsion, which is usually stored at a residence rather than a marina, is not permanently stored in the water, and is not generally launched from a trailer. Examples are canoes, kayaks, rowboats, paddleboards, rowing sculls, and sailboats shorter than 14 ft. in lengths, such as Sunfish®. Excluded from this definition are rafts, surfboards, boogie boards, towable tubes, and the like, which are not regulated by this ordinance. 4.4.3 PERMISSIONS FOR SPECIFIED ACCESSORY USES AND STRUCTURES Table 4.4.3: Accessory Use Table Key: P = Permitted by Right S = Special Use Permit Required blank cell = not allowed Accessory Uses Zoning Districts RA AR R-20S R-20 R-15 R-10 R-7 R-5 RMF-L RMF-M RMF-MH RMF-H PD UMXZ B-1 CB B-2 O&I SC CS AC I-1 I-2 Small Watercraft Storage P P P P P P P P P P P P P P P P P P P P P P P 4.4.4 STANDARDS FOR SPECIFIED ACCESSORY USES AND STRUCTURES I. Small Watercraft Storage Structures, such as kayak racks, for the storage of small watercraft are allowed in all zoning districts as accessory uses, excepting that they shall only be allowed as accessory to Community Boating Facilities and Outdoor Recreational Establishments, provided that 1. Structures shall be reviewed for compliance with building code and applicable floodplain regulations. 2. When personal watercraft are not stored in an enclosed structure, all watercraft shall be required to be tied-down or removed during hurricane emergency events. 3. No structure, including stored watercraft, shall encroach into any required setbacks or easements. 4. For all Outdoor Recreational Establishments, and for Community Boating Facilities not directly abutting the residential lots or units served by the facility, one automobile parking space, in addition to existing approved spaces, shall be required for every 4 storage rack slots Planning Board - August 6, 2020 ITEM: 5 - 2 - 21 2020-08 Planning Board Hearing Draft-Housekeeping Amendment-Boat Definition & Small Watercraft Storage 2 or fraction thereof. Bicycle parking spaces may be provided in lieu of up to two automobile parking spaces at the rate of 1 space for every storage slot. This requirement may be amended as part of an approved special use permit or subject to a parking study if authorized by Section 5.1 of this Ordinance when the principal use is permitted by-right. 5. The addition of a small watercraft storage structure to a nonconforming use shall require a special use permit. Planning Board - August 6, 2020 ITEM: 5 - 2 - 22 2020-08 Planning Board Hearing Draft-Height Modifications Amendment 1 Section 2.1 Measurements BUILDING HEIGHT The vertical distance measured from the average elevation of the proposed finished grade at the front of the structure to one of the following (see Figure 2.1: Building Height Measurement) the mean level of the slope of the main roof: 1. The midpoint between eave and ridgeline on a simple sloped roof (e.g., gable or hip roof) or curved roof (e.g., barrel roof); 2. Where there are multiple roof planes (e.g., gambrel or mansard roof), the highest midpoint on a sloped or curved roof surface or the highest flat roof plane, whichever is highest; or 3. The highest roof plane on a flat roof (not including any parapet wall). Appurtenances usually required to be placed above the roof level and not intended for human occupancy (e.g., antennas, chimneys, solar panels) shall not count toward the building height (see Section 3.1.3.B, Structural Appurtenances). Figure 2.1: Building Height Measurement Flat Roof Gambrel Roof Building Height Gable Roof Building Height Building Height Planning Board - August 6, 2020 ITEM: 5 - 2 - 23 2020-08 Planning Board Hearing Draft-Height Modifications Amendment 2 Section 3.2 Residential Zoning Districts 3.2.14. RESIDENTIAL MULTI-FAMILY MEDIUM-HIGH DENSITY (RMF-MH) DISTRICT D. District Dimensional Standards Standard Single Family Detached Duplex Triplex Quadraplex Multi- Family Lot area, minimum (square feet)* 4,000 7,500 12,500 17,500 20,000 1 Lot width, minimum (feet)* 40 90 2 Front setback (feet)* 15 30 3 Side setback, street (feet)* 10 30 4 Side setback, interior (feet)* 5 20 5 Rear setback (feet)* 15 25 Density, maximum (dwelling units/acre) 25 Required Open Space (% of project site) 20 Building height, maximum** 3 4 stories, with a maximum of 45 50 feet** * Does not apply to Performance Residential Developments (see Section 3.1.3.D). ** Heights over 35 feet subject to additional setback of 4 additional feet 3.2.15 RESIDENTIAL MULTI-FAMILY HIGH DENSITY (RMF-H) DISTRICT D. District Dimensional Standards Standard Single Family Detached Duplex Triplex Quadraplex Multi- Family Lot area, minimum (square feet)* 3,000 6,000 9,000 12,000 15,000 1 Lot width, minimum (feet)* 40 80 2 Front setback (feet)* 15 30 3 Side setback, street (feet)* 10 30 4 Side setback, interior (feet)* 5 20 5 Rear setback (feet)* 15 25 Density (maximum dwelling units/acre) 36 Required Open Space (% of project site) 20 Building height, maximum** 3 4 stories, with a maximum of 45 50 feet** * Does not apply to Performance Residential Developments (see Section 3.1.3.D). ** Heights over 35 feet subject to additional setback of 4 additional feet Planning Board - August 6, 2020 ITEM: 5 - 2 - 24 2020-08 Planning Board Hearing Draft-Height Modifications Amendment 3 Section 3.4 Commercial and Industrial Districts 3.4.6 OFFICE AND INSTITUTIONAL (O&I) DISTRICT District Dimensional Standards Standard All Uses Residential Uses Nonresidential Uses and Mixed Use Structures Lot area, minimum (square feet)* 15,000 1 Lot width, minimum (feet)* 90 2 Front setback (feet)* 25 3 Side setback, street (feet)* 25 Side setback, interior* ** Rear setback* ** Density, maximum (dwelling units/acre) 2.5*** Building height, maximum (feet) 40 52 * Does not apply to Performance Residential Developments (see Section 3.1.3.D). ** Determined in accordance with Section 3.1.3.C, Setback Requirements in Certain Commercial and Industrial Districts.. *** Applies only to Performance Residential Developments (see Section 3.1.3.D). 3.4.10 LIGHT INDUSTRIAL (I-1) DISTRICT D. District Dimensional Standards Standard All Uses Lot area, minimum (square feet) None 1 Lot width, minimum (feet) None 2 Front setback (feet) 50 3 Side setback, street (feet) 50 Side setback, interior * Rear setback * Building height, maximum (feet) 40 45** * Determined in accordance with Section 3.1.3.C, Setback Requirements in Certain Commercial and Industrial Districts. ** Buildings located within the Employment Center or Commerce Zone place types and fronting along a Collector, Minor Arterial, or Principal Arterial as indicated on the Wilmington MPO Functional Classification Map, may exceed 40 45 feet in height provided their FAR does not exceed 1.0. Planning Board - August 6, 2020 ITEM: 5 - 2 - 25 2020-08 Planning Board Hearing Draft-Planned Development (PD) District Revisions 1 Section 1.7 Transitional Provisions 1.7.3 APPROVALS GRANTED BEFORE EFFECTIVE DATE A. Approved zoning permits, building permits, variances, special use permits, subdivision plans, and site plans that are valid on February 3, 2020 shall remain valid until their expiration date. Development may be completed in accordance with such approvals even if such building, development or structure does not fully comply with provisions of this Ordinance. If building is not commenced and diligently pursued in the time allowed under the original approval or any extension granted, then the building, development or structure shall be subject to the requirements of this Ordinance. B. To the extent a prior-approved application proposes development that does not comply with this Ordinance, the subsequent development, although permitted, shall be nonconforming and subject to the provisions of Article 11: Nonconforming Situations. C. Any re-application for an expired development approval or permit shall comply with the standards in effect at the time of re-application. D. All development and use of land in a PD District that was approved before ___ [insert effective date of amendment] shall comply with the standards approved for that district. The Planning Director may approve minor deviations from the PD District standards identified in Section 10.3.4.C.8.b, Minor Deviations, provided the deviations have no material effect on the character of the approved development. All other modifications of the PD District standards shall be considered major modifications and are subject to the procedures and standards in Section 10.3.4, Master Planned Development. 1.7.4 APPLICATIONS IN PROGRESS BEFORE EFFECTIVE DATE A. Applications for development approvals and permits that were submitted in complete form and are pending on February 3, 2020 shall be reviewed and decided in accordance with the regulations in effect when the application was accepted. B. Completed applications shall be processed in good faith and shall comply with any time frames for review, approval, and completion as established in the regulations in effect at the time of application acceptance. If the application fails to comply with the required time frames, it shall expire and future development shall be subject to the requirements of this Ordinance. C. An applicant with a pending application accepted before February 3, 2020 may opt to have the proposed development reviewed and decided under the standards of this Ordinance by withdrawing the pending application and submitting a new application in accordance with the standards of this Ordinance. The application submittal fees will be waived for this new application. D. An applicant with a pending application for a PD District that was accepted before ___ [insert effective date of amendment] may opt to have the proposed PD District reviewed and decided under either the zoning regulations in effect at the time the application was accepted, in whole, or the procedures and standards of this Planning Board - August 6, 2020 ITEM: 5 - 2 - 26 2020-08 Planning Board Hearing Draft-Planned Development (PD) District Revisions 2 Ordinance, in whole. If the applicant opts to have the proposed PD District reviewed under the procedures of this Ordinance, the applicant shall withdraw the pending application and submit a new application in accordance with the standards of this Ordinance. The application submittal fees will be waived for this new application. E. Except for a PD District approved in accordance with subsection D above, tTo the extent an application approved under this section proposes development that does not comply with this Ordinance, the development, although permitted, shall be nonconforming and subject to the provisions of Article 11: Nonconforming Situations. 3.3.7 PLANNED DEVELOPMENT (PD) DISTRICT F. Purpose The Planned Development (PD) District is established to encourage innovative, integrated, and efficient land planning and site design concepts that support a high quality of life and achieve a high quality of development under an integrated development plan that would otherwise not be possible under general district requirements. Specifically, the intent of the PD district is to: that achieve a high quality of development, environmental sensitivity, and adequate public facilities and services, and that provide community benefits, by:  Reducing the inflexibility of zoning district standards that sometimes result from strict application of the base district, and development standards;  Allowing greater flexibility in selecting: the form and design of development, the ways by which pedestrians and traffic circulate, how the development is located and designed to respect the natural features of the land and protect the environment, the location, and integration of open space and civic space into the development, and design amenities;  Encouraging a greater mix of land uses with the same development;  Allowing more efficient use of land, with smaller networks of streets and utilities;  Providing pedestrian connections within the site and to the public right-of-way; and  Promoting development forms and patterns that respect the character of established surrounding neighborhoods and other types of land uses.  Create new planned development districts for specialized purposes where tracts are suitable in location, area, and character for development on a unified basis;  Promote economical and efficient patterns of land use that are sensitive to natural features;  Reduce automotive traffic congestion by supporting a reasonably close relationship between origins and destinations of persons living, working, or visiting in such development; and  Encourage unified developments consistent with the goals of the County’s Comprehensive Plan and compatible with surrounding land uses. Planning Board - August 6, 2020 ITEM: 5 - 2 - 27 2020-08 Planning Board Hearing Draft-Planned Development (PD) District Revisions 3 G. Concept H. Use Standards Allowed uses and use-specific standards for principal, accessory, and temporary uses are identified established in Article 4: Uses and Use-Specific Standards. No more than 30 percent of any PD District shall be used for Industrial, Commercial, and Civic and Institutional uses. The allowed uses are only permitted for development if they are included in the MPD Master Plan that is approved as part of the PD district in accordance with Section 3.3.3.A, MPD Master Plan. I. District Dimensional and Density Standards Standard Residential Uses Commercial Uses Industrial Uses Minimum district size, under common ownership or joint petition: 10 acres Building setback from PD District boundary (feet) 20 CB Setback Requirements I-1 Setback Requirements Building setback from pedestrian and bicycle paths (feet) 10 Front setback (feet) Established in MPD Master Plan in accordance with Section 3.3.3.A, MPD Master Plan None 20 50 None 20 50 None None* ** None 10* ** Side setback, street (feet) Side setback, interior (feet) Rear setback (feet) Density, maximum (du/acre) * Intensity, maximum Established in MPD Master Plan in accordance with Section 3.3.3.A, MPD Master Plan Building height, maximum (feet) 40*** * Maximum density in Urban Mixed Use areas identified on the New Hanover County Future Land Use Map shall be established in the MPD Master Plan. Maximum Density in areas outside of the Urban Mixed Use areas shall also be established in the MPD Master Plan, but shall not exceed 17 dwelling units per acre. Setback is 20 feet from abutting residentially zoned land or lots on which there is residential development. ** Determined in accordance with Section 3.1.3.C, Setback Requirements in Certain Commercial and Industrial Districts. *** There is no maximum building height for agricultural or industrial uses. The maximum building height is 80 feet for buildings located within the Urban Mixed Use, Community Mixed Use, or Employment Center place types as indicated areas identified on the County's Land Classification Map New Hanover County Future Land Use Map and fronting along a collector, minor arterial, or principal arterial as indicated on the Wilmington Urban Area MPO functional classification map. Planning Board - August 6, 2020 ITEM: 5 - 2 - 28 2020-08 Planning Board Hearing Draft-Planned Development (PD) District Revisions 4 J. Other District Standards 1. Density/Intensity Bonuses a. Allowable density shall be determined by the Site Capacity Standards for Additional Dwelling Allowances as authorized in Section 3.1.3.E, Additional Dwelling Allowance, except that land intended for Industrial, Commercial, and Civic and Institutional uses shall also be subtracted from the gross site area. The residential density factor of the PD district shall be 4.25 dwelling units per acre if it is located within the Urban Mixed Use, Community Mixed Use, General Residential, or Employment Center place types. b. The maximum allowed density for residential units in the AE and VE special flood hazard areas and CAMA Estuarine Areas of Environmental Concern is 2.5 units per acre. c. If the PD district is located within the Employment Center, Urban Mixed Use, or Community Mixed Use place types, the residential density factor of the PD District may be increased as follows, based on the total points allowed for all features in the PD district in accordance with Table 3.3.7.E.1: Allowed Density Bonus Points: 1. A total score of 75 points or more = an increase in density from 4.25 to 10.2 dwelling units per acre; and 2. A total score of 165 points or more = an increase in density from 10.2 to 17 units per acre. Table 3.3.7.E.1: Allowed Density Bonus Points Feature Points Adjacent to a Minor or Principal Arterial Facility as indicated on the Wilmington MPO Functional Classification Map and providing a public collector road plan and a public or private local street plan that include sidewalks and bicycle facilities to provide an efficient variety of choices for moving people around and through the proposed development 15 Within one mile by road of established businesses sufficient to support a total employment equal to 85 percent of the anticipated labor force (calculated at one worker per unit) of the PD district population. 15 If the PD is located in a manner that satisfied at least two of the following criteria:  Within one road mile of a neighborhood convenience store offering basic grocery items and other items.  Within two road miles of a community shopping center. A community shopping center is defined as a site with a common parking area, a grocery store, and at least two of the following types of retail establishments: drug store, hardware store, dry cleaners, variety retail, department store, discount store or restaurant.  Within three miles of regional shopping center consisting of over 100,000 sq. ft. of retail space for sales and storage. 15 At least 1/2 mile inland of coastal wetlands, estuarine waters, estuarine shorelines and public trust waters and preserves riparian buffers and incorporates LID techniques for stormwater controls. 25 All structures are located beyond the 100-year floodplain as designated on the County's Official Flood Insurance Maps. 20 Planning Board - August 6, 2020 ITEM: 5 - 2 - 29 2020-08 Planning Board Hearing Draft-Planned Development (PD) District Revisions 5 Table 3.3.7.E.1: Allowed Density Bonus Points Feature Points Outside the County’s most sensitive aquifer recharge area (Area No. 2) as shown on the Aquifer Sensitivity Map for New Hanover County. 15 Bus or shuttle transportation. 10 Solid waste transfer station. 30 Within one mile of a public park and recreation facility. 10 At least 5 percent of the total number of dwelling units in the PD District are designated and reserved on the MPD Master Plan for either handicapped or households with income less than 60 percent of the median household income for New Hanover County. 20 Public access and public waterfront facilities provided, such as docks, piers, and boat ramps or shoreline parks and boardwalks 25 All residential units will meet LEED, Healthy Build Home, ICC700 Green Building Standards, or Green Globes designation. 520 Alternative energy systems supply at least 20 percent of the total non-renewable energy consumption for space and hot water heating. Alternative energy systems, for purposes of this Ordinance, are defined as constructed passive or active systems. Passive systems shall be evaluated using the solar load ratio method and active systems using the F-chart system. Points will not be awarded for this incentive unless the conditions for the above incentive concerning thermal standards are also met. 20 Recreational facilities other than tot lots and mini-parks. These recreational facilities may include, but are not limited to, tennis courts, golf courses, ball fields, basketball courts, and community recreation buildings or community gardens. Points will be awarded at a rate of one point for each $5,000 of investment (not including land or design costs), up to a maximum of 20 points. Adequacy of design and improvements, and cost estimates will be evaluated by the County Parks Department. 20 1. Compensating Community Benefits Compensating community benefits shall be identified in the MPD Master Plan. These benefits shall be in addition to what is otherwise required to meet the minimum standards of this UDO and other County, state, and federal regulations. They may include, but are not limited to: a. Improved Design The use of architectural design that exceeds any minimum standards established in this UDO or any other County regulation, or the use of site design incorporating principles of walkable urbanism and traditional neighborhood development, compatible with the comprehensive plan and other adopted County plans. b. Natural Preservation The preservation of sensitive lands such as natural habitats, natural features, or trees that exceed the requirements of this UDO, when they are located on the site. c. Improved Connectivity for Pedestrians and/or Vehicles Additional connections to existing roads, bicycle facilities, and pedestrian facilities that provide additional connectivity to and from the development and existing residential and commercial development in the County, beyond the requirements of Section 5.2, Traffic, Access, and Connectivity. Planning Board - August 6, 2020 ITEM: 5 - 2 - 30 2020-08 Planning Board Hearing Draft-Planned Development (PD) District Revisions 6 d. Mixed-Use Development The approval of a significant amount of mixed-use development on the site, by ensuring that a minimum of 35 percent of the total gross square feet in the development (and 25 percent of the land area) will be developed in an integrated mixed-use form (residential and nonresidential), with sidewalks on both sides of the street, and street trees spaced appropriately, along the street. e. Green Building Practices The inclusion of green building practices, that may include but not be limited to: LEED buildings (or a comparable); the integration of low- impact development techniques; the use of alternative energy to generate power (solar or wind); energy conservation practices; water conservation practices; tree conservation (exceeding the requirements of this UDO); recycling; and similar practices. f. Dedication of Land or Facilities or In-Lieu Fee Contribution 1. Parks, Recreation, and Open Space The dedication of land, construction of facilities, or contribution of in-lieu fee for public parks, trails and trail linkages, greenways, waterfront access, recreation facilities, or open space identified in the comprehensive plan or other adopted County plans, beyond the requirements of Section 5.5, Open Space Set-Aside Standards. 2. Transportation Facilities The dedication of land, construction of facilities, or contribution of in-lieu fees for off-site transportation facilities that exceed the mitigation requirements of Section 5.2.4, Traffic Impact Worksheet. 3. Community Facilities The dedication of land or construction of facilities for community facilities (e.g., cultural arts center, public plaza, and public art) identified in the comprehensive plan or other adopted County plans. 4. Workforce Housing The construction of workforce dwelling units. 5. Other Any other community benefit that would provide benefits to the development site and the citizens of the County, generally. 2. Development Standards Subject to Modification Except as required in subsections 3 through 5 below, development in a PD district shall comply with the standards in Article 5: General Development Standards, Article 6: Subdivision Design and Planning Board - August 6, 2020 ITEM: 5 - 2 - 31 2020-08 Planning Board Hearing Draft-Planned Development (PD) District Revisions 7 Improvements, Article 7: Stormwater Management, Article 8: Erosion and Sedimentation Control, and Article 9: Flood Damage Prevention, unless they are modified as allowed by Table 3.3.7.E.4: PD District Development Standards Subject to Modification, and accompanied by documentation providing a clear basis for why the change is needed, how it supports the purposes of the district, and how it supports high-quality development. Table 3.3.7.E.4: PD District Development Standards Subject to Modification Standard Means to Modify Article 5: General Development Standards Section 5.1 Parking and Loading MPD Master Plan Section 5.2 Traffic, Access, and Connectivity MPD Master Plan Section 5.3 Tree Retention No modification Section 5.4 Landscaping and Buffering No modification Section 5.5 Exterior Lighting MPD Master Plan Section 5.6 Signs MPD Master Plan Section 5.7 Conservation Resources No modification Section 5.8 Open Space Requirements MPD Master Plan Section 5.9 Fire Hydrants No modification Section 5.10 Airport Height Restriction No modification Article 6: Subdivision Design and Improvements Section 6.1 General Purpose No modification Section 6.2 Design Standards MPD Master Plan Section 6.3 Improvements MPD Master Plan Article 7: Stormwater Management (reserved) Article 8: Erosion and Sedimentation Control (reserved) Article 9: Flood Damage Prevention No modification 3. Minimum Infrastructure Improvements The following minimum improvements and public services shall be provided in accordance with all standards set by the County or appropriate local or State agency: a. Water supply and sewer facilities provided by the Cape Fear Public Utility Authority or an equivalent agency; b. Fire hydrant and water supply systems that meet the standards specified in the National Fire Protection Association Standard as amended; c. A drainage plan in accordance with pursuant to Section 6.3.3.E, Surface Water Drainage, and the County’s Stormwater Management Ordinance. d. Street lights, at the rate of one fixture per 500 linear feet or less of roadway. Planning Board - August 6, 2020 ITEM: 5 - 2 - 32 2020-08 Planning Board Hearing Draft-Planned Development (PD) District Revisions 8 e. Tot lots and/or mini-parks (adequacy of design and improvements to be evaluated by County Parks and Gardens), at the rate of one acre or more per 1,000 population and within 1 mile distance of residential areas to be served by them, and accessible by a network of sidewalks or pedestrian trails; f. Audible fire alarm systems connected directly to a central dispatch system for all structures except single-family and two-family (duplex) residential. 4. Building Separations Standards a. The project shall be designed so as to avoid encroachment into the path of any proposed transportation project included in the Wilmington MPO’s Metropolitan Transportation Plan. b. No part of a detached single family dwelling unit or its accessory structure shall may be located closer than 10 feet to any part of any other detached single family dwelling or its accessory structure. c. No part of a multi-family or attached dwelling unit or its accessory structure shall be located closer than 20 feet to any part of another dwelling unit, accessory structure, or nonresidential building. 5. Parking Off-street parking shall be provided in accordance with Section 5.1, Parking and Loading, except the design of parking lots or shared parking facilities may be approved with minor dimensional deviations, when the TRC concurs and provided the number of required spaces is not reduced. 6. Signs Signs shall be in accordance with Section 5.6, Signs. The developer shall be responsible for erecting and maintaining street name signs at all intersections within the PD District. Signs on public streets shall conform with existing Department of Transportation regulations. 7. Access and Connectivity a. The PD district shall have direct access to and from an existing major or minor arterial as indicated on the Wilmington MPO Functional Classification Map. This direct access requirement will be satisfied if: 1. One or more property boundary lines is contiguous with and utilizes access to and from an existing major or minor arterial; or 2. The PD district accesses an existing major or minor arterial roadway by a NCDOT-maintained public street, or by a private street designed and constructed in accordance with the County’s minimum standards for a collector road. b. All interior drives shall be designed so as to provide adequate access for emergency service vehicles and future connectivity to adjoining undeveloped properties. Planning Board - August 6, 2020 ITEM: 5 - 2 - 33 2020-08 Planning Board Hearing Draft-Planned Development (PD) District Revisions 9 8. Continuing Care Retirement Facility Standards The following additional standards apply if at least 25 percent of the number of residential units in the PD district are included in a Continuing Care Retirement Facility as described and regulated under N.C.G.S. § 58, Article 64: a. The maximum allowed height for a continuing care retirement facility building is 55 feet; and b. The thoroughfare requirements in subsection 5 above, may be satisfied if a traffic study supports a finding by the Board of Commissioners that the roadway providing access for the proposed PD development to and from an existing major or minor arterial will operate at an acceptable level of service (LOS), and will not cause the LOS to drop below Level C at build-out. 9. Community Property Owner’s Association A Community property owner's association shall be established in accordance with Section 5.8.3, Open Space Provisions, and Section 3.1.3.D.7. Rights-of-way platted for public use shall may not be altered to private rights-of-way by any action of a community property owner’s association unless approved by the TRC. K. Reference to Other Standards Article 2: Measurements and Definition Section 5.8 Open Space Requirements Section 5.1 Parking and Loading Section 5.9 Fire Hydrants Section 5.2 Traffic, Access, and Connectivity Article 6: Subdivision Design and Improvement Section 5.3 Tree Retention Article 7: Stormwater Management Section 5.4 Landscaping and Buffering Article 8: Erosion and Sedimentation Control Section 5.6 Signs Article 9: Flood Damage Prevention Section 5.7 Conservation Resources Article 11: Nonconforming Situations 10.3.4 MASTER PLANNED DEVELOPMENT A. Purpose The purpose of this section is to provide a uniform means for amending the Official Zoning Map to establish a master planned development district. A master planned development (MPD) is a development under unified control with more flexible standards and procedures that are conducive to creating a more mixed-use, pedestrian-oriented development than could be achieved through general use zoning district regulations. B. Applicability The procedure in this section is required for any amendment of the Official Zoning Map that rezones land to a master planned development district, including the UMXZ, RFMU, EDZD, or PD districts, or for major modifications to an already approved master planned development district. Any modification to an approved master planned development district that is not a Planning Board - August 6, 2020 ITEM: 5 - 2 - 34 2020-08 Planning Board Hearing Draft-Planned Development (PD) District Revisions 10 minor deviation as set forth in Section 10.3.4.C.8.b, Minor Deviations, is a major modification. C. Master Planned Development Procedure Figure 10.3.4.C summarizes the requirements and procedures in Section 10.2, Standard Review Procedures, that apply to master planned developments. Subsections 1 through 8 below, specify the required procedure for a master planned development, including applicable additions or modifications to the standard review procedures. Figure 10.3.4.C: Summary of Planned Development Procedure Public Hearing Procedures 1 Pre-Application Conference 2 Community Information Meeting 3 Application Submittal & Acceptance 4 Planning Director Review & Staff Report (TRC Optional) 5 Public Hearing Scheduling & Notification 6 Planning Board Hearing & Recom- mendation 7 Board of Commissioners Hearing & Decision 8 Post-Decision Limitations and Actions 1. Pre-Application Conference A pre-application conference in accordance with Section 10.2.2, Pre- Application Conference, is required. 2. Community Information Meeting The applicant shall conduct a community information meeting in accordance with Section 10.2.3, Community Information Meeting. 3. Application Submittal and Acceptance Applications shall be submitted in accordance with Section 10.2.4, Application Submittal and Acceptance. In addition to all other application requirements set forth in the Administrative Manual, the application shall include the following: a. An MPD Master Plan meeting the requirements of Section 3.3.3.A, MPD Master Plan, depicting the general configuration and relationship of the principal elements of the proposed development, including uses, general building types, density/intensity, resource protection, pedestrian and vehicular circulation, open space, public facilities, and phasing; b. An MPD Terms and Conditions document meeting the requirements of Section 3.3.3.B, MPD Terms and Conditions Document, specifying terms and conditions defining development parameters, providing for environmental mitigation, and outlining how public facilities will be provided to serve the master planned development; and c. To ensure unified control, a copy of the title to all land that is part of the proposed master planned development district or land that is Planning Board - August 6, 2020 ITEM: 5 - 2 - 35 2020-08 Planning Board Hearing Draft-Planned Development (PD) District Revisions 11 affected by a major modification to an existing master planned development district. 4. Staff Review and Action a. If requested by the applicant, the TRC shall review the application and provide any comments on the proposed master planned development to the Planning Director, who shall transmit any comments received from the TRC in writing to the applicant. b. The Planning Director shall review the application, prepare a staff report, and provide a recommendation in accordance with Section 10.2.5, Staff Review and Action. The Planning Director may recommend revisions to the proposed MPD Master Plan and MPD Terms and Conditions document. c. If the proposed master planned development involves a rezoning to or major modification of an the EDZD District, the staff report shall address each of the following: 1. The suitability of the proposal for the general type of function, the physical characteristics of the land, and relation of the proposed development to surrounding areas and existing and probable future development; 2. The sufficiency of supporting evidence in the application showing that the proposed location can meet the basic criteria for exceptional design; 3. The relation to major roads and mass transit facilities, utilities, and other facilities and services; 4. The adequacy of evidence of unified control and the suitability of any proposed agreements, contracts, deed restrictions, sureties, dedications, contributions, guarantees, or other instruments, or the need for such instruments, or for amendments in those proposed; 5. The suitability of plans proposed or the suggestion of conditions; and 6. The consistency with the Comprehensive Plan and other adopted plans for development in the vicinity, and how the EDZD district might be reasonable and in the public interest if approved. 5. Public Hearing Scheduling and Public Notification The Planning Director shall schedule public hearings and provide public notification in accordance with Section 10.2.6, Public Hearing Scheduling and Public Notification. 6. Planning Board Review and Action a. The Planning Board shall conduct a public hearing on the application and make a recommendation on the application in accordance with Section 10.2.8, Advisory Body Review and Action, and Section 10.3.4.D, Master Planned Development Review Standards. The Planning Board’s recommendation shall address whether the Planning Board - August 6, 2020 ITEM: 5 - 2 - 36 2020-08 Planning Board Hearing Draft-Planned Development (PD) District Revisions 12 proposed master planned development is consistent with the Comprehensive Plan. b. If the Planning Board’s decision is to recommend denial of the application, the applicant must submit written notice to the Planning Director of the applicant’s intent to proceed with a hearing before the Board of Commissioners within 10 calendar days of the Planning Board’s decision. If the applicant does not provide such notice within that time period, the application shall be deemed withdrawn and no further review of the application shall occur. 7. Board of Commissioners Review and Action a. If appropriate, the Board of Commissioners shall conduct a public hearing on the application and make a decision on the application in accordance with Section 10.2.9, Decision-Making Body Review and Action, and Section 10.3.4.D, Master Planned Development Review Standards. The decision of the Board of Commissioners shall be one of the following: 1. Approve the master planned development district subject to the MPD Master Plan and MPD Terms and Conditions document in the application; 2. Approve the master planned development district subject to additional or revised conditions related to the MPD Master Plan or MPD Terms and Conditions document; 3. Deny the master planned development district; or 4. Remand the master planned development application back to the Planning Board for further consideration. b. Prior to deciding to adopt or deny a master planned development, the Board of Commissioners shall adopt a statement that: 1. Addresses the consistency of the master planned development with the Comprehensive Plan by either: i. Describing the consistency or inconsistency of the master planned development with the Comprehensive Plan; or ii. If the master planned development is approved, declaring that the approval is also deemed an amendment to the Comprehensive Plan, and providing an explanation of the change in conditions Board of Commissioners took into account in approving the master planned development to meet the development needs of the community. No additional request or application for amendment to the Comprehensive Plan shall be required. 2. Explains why the decision is reasonable and in the public interest. Planning Board - August 6, 2020 ITEM: 5 - 2 - 37 2020-08 Planning Board Hearing Draft-Planned Development (PD) District Revisions 13 c. Only conditions of approval mutually agreed to by both the applicant and the Board of Commissioners are allowed. 8. Post-Decision Limitations and Actions The post-decision limitations and actions in Section 10.2.10 apply, in addition to the provisions in subsections a through c below. a. Effect of Approval 1. Lands classified to master planned development district shall be subject to the approved MPD Master Plan and MPD Terms and Conditions document. Such approval does not itself authorize specific development activity, but allows the property owner to obtain subsequent development approvals and permits necessary to implement the MPD Master Plan and MPD Terms and Conditions document, in accordance with the applicable procedures and standards set forth in this Ordinance. Subsequent development approvals and permits shall comply with the MPD Master Plan and MPD Terms and Conditions document. 2. Approval of an MPD Master Plan shall establish a vested right in accordance with N.C.G.S. §§ 153A-344.1(c) and (d). b. Minor Deviations Subsequent applications for development within a master planned development district may include minor modifications from the approved MPD Master Plan and MPD Terms and Conditions document, provided such modifications have no material effect on the character of the approved development. Changes in the following constitute minor modifications that may be approved by the Planning Director: 1. Modifications in building placement, provided the placement does not decrease approved setbacks by more than 10 percent; 2. Increases to building size and height not to exceed 10 percent provided all other applicable standards of this Ordinance are met; 3. Modifications to structure floor plans; 4. Modifications to the driveway locations not exceeding 10 percent of the length of the subject property line, or as required by the North Carolina Department of Transportation; and 5. Modifications to the proportion of housing type not to exceed 10 percent. c. Expiration 1. If no building permit has been issued for the land approved as a master planned development district within two years of the date of approval, the Planning Director may, at the Planning Director’s discretion, schedule a hearing for the Planning Board to consider whether active efforts are proceeding in accordance with the approved master planned development. If the Planning Board Planning Board - August 6, 2020 ITEM: 5 - 2 - 38 2020-08 Planning Board Hearing Draft-Planned Development (PD) District Revisions 14 determines that such efforts are not proceeding, the Board may, at the Board’s discretion, initiate a Zoning Map amendment in accordance with Section 10.3.2, Zoning Map Amendment, to rezone the master planned development district to its classification prior to approval, or to another zoning district the Board determines is appropriate. 2. A landowner may request, and the Planning Director may grant, one, one-year extension of the two-year time period established in subsection 1 above if the Planning Director determines that site conditions have not substantially changed since the approval of the master planned development district. The applicant must submit the request in writing prior to the expiration of the time period. 3. If site conditions have substantially changed since the approval of the master planned development district, a landowner may request and the Board of Commissioners may grant, at a regularly-scheduled public meeting, one extension not to exceed three years, of the two-year time period established in subsection 1 above. The applicant must submit the request in writing prior to the expiration of the time period. D. Master Planned Development Review Standards The advisability of establishing a master planned development district is a matter committed to the legislative discretion of the Board of Commissioners. In determining whether to approve a proposed master planned development district, the Board of Commissioners shall consider the review standards for Zoning Map amendments in Section 10.3.2.C, Zoning Map Amendment Review Standards. The Board of Commissioners shall not approve a master planned development district unless it complies with the requirements in Section 3.3.3, General Requirements for Mixed Use Zoning Districts, and the standards that apply to the specific master planned development district set forth in Section 3.3, Mixed Use Zoning Districts. Planning Board - August 6, 2020 ITEM: 5 - 2 - 39 2020-08 Planning Board Hearing Draft-Self-Storage Design Standards 1 Section 2.3 Definitions and Terms MINI-WAREHOUSE/SELF-STORAGE A facility in which storage space such as rooms, lockers, and/or containers (storage units) are rented to tenants, usually on a short-term basis (month-to-month), for profit. The term does not include outdoor storage outside of a permanent structure. The facility may include outdoor storage areas for boats and recreational vehicles (RVs) that are licensed and in operable condition. 4.3.4 COMMERCIAL USES C. Commercial Services 2. Mini-Warehouse/Self Storage When located in the B-2 District or UMXZ District or when established on a lot having frontage on Market Street, Carolina Beach Road, College Road, or Castle Hayne Road, mini-warehouse/self-storage facilities shall comply with the following standards: a. Except as otherwise authorized in this subsection, all property stored on the site shall be enclosed entirely within enclosed buildings. b. A minimum of ten percent of the area of each building façade that faces a public or private street, a shared parking area, a pedestrianway, or designated open space shall consist of transparent windows or doors. For purposes of this requirement, portions of a façade that are screened from view at ground level from the street, parking area, pedestrianway, or open space, as applicable, shall not count toward the building façade area. c. The color of building exteriors visible from ground level view from the street or from abutting properties at ground level shall be natural tones found as predominant colors in the natural environment, such as muted tones of green, brown, beige, yellow, or tan. The use of colors on a building exterior that are significantly more intense, vibrant, or bright compared to nearby properties so as to call attention to the establishment is prohibited. c. The use of metal as a primary material is prohibited on perimeter or exterior walls that are visible from an arterial street or from a residential district or existing residential development. d. The only commercial uses permitted on-site shall be the rental of storage space, the pickup and deposit of goods or property in dead storage, and the sale or rental of goods incidental to on-site storage (e.g., boxes, tape, and labels). Planning Board - August 6, 2020 ITEM: 5 - 2 - 40 2020-08 Planning Board Hearing Draft-Self-Storage Design Standards 2 e. Outdoor storage shall be limited to the storage of licensed and operational recreational vehicles and boats. Such storage shall: 1. Be located to the rear of a principal structure; 2. Be screened from all public rights-of-way and abutting properties by a fence or wall and vegetation that complies with the design requirements for a Combination Planted Buffer Strip and Fencing type of transitional buffer; 3. Limit the height of any boat or recreational vehicle located within 45 feet of a property line to a maximum of 12 feet and any other boat or recreational vehicle to a maximum of 14 feet; 3. Be limited to a specific delineated area which does not interfere with on-site vehicular circulation; 4. Not exceed 20 percent of the buildable area of the site; and 5. Not include any dry stacking of boats (dry stacking of boats is prohibited). Planning Board - August 6, 2020 ITEM: 5 - 2 - 41 Topic Source Comment Response Site Lighting Clarification David Munn, Duke Energy Progress The hours of illumination provision “could be problematic for Duke because we cannot control the lights, due to dusk to dawn photo controlled.” This provision (5.5.4.A in the release draft) is on the edge of the amendment’s narrow scope of clarifying current provisions, and given concerns about its practicality given the industry use of dusk to dawn lighting controls, it has been removed from this draft ordinance. Self-Storage Facility Design Standards Donna Girardot, Planning Board Incorporate the boat and RV height standards included in the conditions for the Carolina Beach Road Budget Storage special use permit modification from 2019 A provision has been added limiting the height of boats or RVs located within 45 feet of a property line to 12 feet and any boat of RV to a maximum of 14 feet. Small Watercraft Storage Julia Worth, resident of Bald Eagle Lane “I have looked over the revised text and I think we can live with it. We would have preferred to have something more clearcut, but I understand if this is probably the best we can do for now. I have one correction and one request. For the correction, in the last line of the definition, boogie ‘board’ should be plural and ‘tubs’ should be tubes. For the question, I hope that item 5 in the provisions (at the end) means that the special use permit would cover the entire CBF [community boating facility] and not just the storage structure. Is this correct? If so, would it be possible to just add a clause to that sentence so that it reads ‘The addition of a small watercraft storage structure to a nonconforming use shall require a special use permit to cover all nonconforming aspects of the use.’” Typos in the definitions have been corrected. Standard 5 for accessory small watercraft storage will apply to any use that is legally nonconforming, whether that be because the use was established prior to requiring a special use permit, like the community boating facilities on Bald Eagle Lane, or prior to being prohibited in a particular district. It applies both to community boating facilities, the number of which is undetermined as no records existing of older boating facilities, and outdoor recreation establishments because they are the most likely to attract larger numbers of users. It was intended to articulate that adding accessory small watercraft storage structures is not necessarily an extension of a nonconformity, which is generally not allowed by the provisions in Article 11: Nonconforming Situations, and to provide a way to address on a case-by-case basis any impact they might cause if installed based on the proposed scale of the accessory use. Changing the provisions as suggested, would have impacts beyond the Bald Eagle Lane properties and would not be in keeping with the intent to make it clear that accessory small watercraft storage structures are not necessarily extensions of a nonconformity. In addition, for properties where the use is nonconforming because it is no longer permitted in a district, receiving a special use permit for an entire use would likely not be possible because property owners could not prove they met the standard of conforming to all requirements of the ordinance, even if the request is for a relatively small number of accessory watercraft storage spaces and/or has a minor impact. Because the proposed provision would cover any potential impacts of accessory watercraft storage, would provide a process to determine whether requested accessory watercraft storage would be at a scale to be deemed an extension of a nonconforming use, and addresses the concerns the Planning Board requested be included in the amendment, no change is proposed. This provision is designed to address the concerns of the Bald Eagle Lane residents with as little impact as possible to other properties, and adding the proposed provision could affect multiple property owners across the unincorporated county. Feedback to Staff Response: I don’t think the attorney’s interpretation [staff response] is going to work for us. We were willing to give up the idea of locking in the protection of the lawsuit, for the protection of a SUP, but only if we really can count on getting an SUP for these properties. If the owner/operator of this Community Boating Facility can just divide up a master plan into small enough projects and submit one project to you every few months, they we’re back to where we were 5 years ago. Our recollection of the Planning Board’s instructions to you in December was that they wanted to us to work together to find a way to maintain the integrity of the protections we won in the lawsuit. The reason that these properties are nonconforming is that they never had a SUP. They barely managed to get vested before the new requirements for a SUP for a CBF went into effect in 1993. They’ve been nonconforming for more than 27 years, and still have no incentive to come into compliance. That’s not fair to our neighborhood, and it’s not fair to the rest of the citizens and property owners of this County who do want to act responsibly. We would like to work with you to find some kind of agreement. Is the attorney really locked in on this? Is there some other solution we might pursue? Can you pull this from next week’s agenda? The draft amendment as released in July 2020 is still included in the proposed amendment to allow for Planning Board consideration. Other Kerri Allen, NC Coastal Federation See attached letter. Request is regarding project scope and not the draft amendment, so no changes to the amendment have been made. Planning Board - August 6, 2020ITEM: 5- 3 - 1 30 July 2020 New Hanover County Planning Board 230 Government Center Drive Wilmington, NC 28403 Re: Comments on Proposed Changes to the New Hanover County Unified Development Ordinance Dear members of the New Hanover County Planning Board: On behalf of Cape Fear Economic Development Council, Alliance for Cape Fear Trees, Cape Fear River Watch, Cape Fear Sierra Club, and North Carolina Coastal Federation, please accept these comments on updates to the New Hanover County Unified Development Ordinance (UDO). In light of the concerns for public health and safety and compliance with the Governor’s legal order regarding public gathering during the current pandemic, we formally request that our comments be read into the record during the public hearing, to ensure that these concerns are heard by all who are attending the meeting virtually and/or through the televised recordings. Our organizations represent thousands of your constituents and visitors to this area, and we collectively work to ensure a clean and healthy coast within the Cape Fear region. As we have requested on multiple occasions, we ask that you guide Planning Department staff to move forward with the evaluation and public discussion of the Industrial Use/Manufacturing Sections of the UDO. We have submitted written comments to this Planning Board and our New Hanover County Commissioners, as well as participated through providing comment through the Planning Department’s UDO web portal. Despite these efforts, there has been no response from either the Planning Board or the County Commissioners. Consequently, we are very concerned about the lack of responsiveness, public input and transparency in what should be a community-led process. We respectfully request a response from your Board as to whether or not the Industrial Use and Manufacturing Sections of the UDO will be addressed in this update, and a timeline for completion of that process. In addition, we request that upcoming work sessions and presentations regarding the UDO update be open for public comment. The specifics of our previous comments are summarized below. Planning Board - August 6, 2020 ITEM: 5 - 4 - 1 North Carolina Coastal Federation We ask that you initiate a public and comprehensive discussion of the following: 1.Require a Community Information Meeting before any light industry (I-1), heavy industry (I-2), or airport industry (A-I) application is submitted. This will provide the applicant the opportunity to describe the nature and scope of the proposed project’s operation, manufacturing process, products, regulatory requirements and historic compliance, and anticipated impacts on environment and public health while at the same time establishing an open dialogue between applicants and the public for mutual benefit. 2.Require a “Review of external effects” (for uses classified as Intensive Manufacturing) wherein the applicant provides a report describing potential external effects from the proposed project on air and water quality, wetlands, surface waters and discharges, endangered species, stormwater runoff, and private and public water supplies. 3.Engage a heavy-manufacturing industry expert to perform an independent analysis to determine which industries are appropriate and should be listed in the UDO as light industry (I-1), heavy industry (I-2), and airport industry (A-I) zoning districts. It is important that this highly technical vetting process, which has not yet been completed, be included in this UDO update. We believe in local authority and adequate public participation to determine what are, and what are not, appropriate industrial uses within New Hanover County. Through this process, we are looking to promote environmentally sustainable economic development recruitment and business practices to help our community thrive and prosper; we need new businesses that will support our entire community, while at the same time protecting the health and environment of our community. Thank you for the opportunity to be involved in this important issue, and we thank the board and county staff for their ongoing work on the draft UDO. We look forward to a response from your Board on our request, and to an open and community-led evaluation of the Industrial Use and Manufacturing sections of the UDO. Sincerely, Kerri Allen Coastal Advocate cc:Clark Henry, Cape Fear Economic Development Council Connie Parker, Alliance for Cape Fear Trees Kemp Burdette, Cape Fear River Watch Erin Carey, Cape Fear Sierra Club Planning Board - August 6, 2020 ITEM: 5 - 4 - 2