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AICP Planning & Inspections Director Dennis Bordeaux Inspections Manager Shawn Ralston Planning Manager
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S-610, 10/12 Page 1 SPECIAL USE PERMIT: High Density Apartment Campus in a CD (O&I) & R-15 Residential Zoning District S-610, 10/12 Petitioner: Gordon Road Development Partners, LLC
Acreage: 19.76 Location: 8703 Stephens Church Road (Kirkland Community) The petitioner is proposing an eight (8) building, 192 unit apartment campus in a CD Conditional Use (O&I) Office
and Institution and R-15 Residential Zoning District. The CD district was originally approved in March, 2002 for a campus style commercial development. The project was not started due
to certain dynamics taking place in the area. The validity period for the special use permit has since expired. The zoning ordinance allows high density project proposals in the O&I
zoning district with issuance of a special use permit 10.2 units per acre. In 2006, most of the four parcels of land assembled for this project
(19.76 acres) were classified as CAMA Land Use Plan. In April, 2012, at the request of the property owner,
the Board of New Hanover County Commissioners amended the 2006 Land Classification Map changing all four parcels to based on the release of wetlands by the Corps
of Engineers and a staff site field inspection. The intensive urban development on
lands that have been or will be provided with the necessary urban services. The site also reveals that there are no cemeteries, archaeological sites, or flood prone areas. The Level
of Service (LOS) along the road segment of US Business Highway 17/Market Street between the Porters Neck Road/Market Street
meaning that the road design is at or near capacity. According to WMPO, traffic data between these two areas is approximately
31,000 Annual Average Daily Traffic (AADT) in 2011. According to Transportation Impact Analysis (TIA) for the project, the LOS near intersections such
as of US Business 17/Futch Creek Road is lower and may range between an A and a B (free flowing traffic movements) The total number of vehicular trips generated at build-out would be
1,352 during a 24 hour period. Turning movements arriving and leaving the project from Stephens Church Road onto Market Street will be limited to right-in and right-out only. Vehicular
traffic entering the project from Market Street to Stephens Church would be limited to one superstreet lane located in the northbound travel lanes. The interchange with I-140 and US
Highway Business 17 South is located nearby. The following findings must be positive to satisfy the special use permit requirements. 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. The subject property will be served by public water and sewer through
the Cape Fear Public Utility Authority (CFPUA). According to the CFPUA, water capacity is available, sewer capacity is in the queue. B. Access to the property is from Stephens Church
Road (SR-1351) and US Highway Business 17 (Market Street). Both roads are maintained by the North Carolina Department of Transportation (NCDOT). This area of US Business 17
S-610, 10/12 Page 2 is heavily traveled. Traffic data between Porters Neck Road /Market Street to the New Hanover/Pender County line was approximately 31,000 (AADT) in 2011 with a LOS
of E. C. County schools serving the proposed project include Blair Elementary, Holly Shelter Middle and Laney High. Blair Elementary and Laney High are over capacity. D. The property
will be served by the New Hanover County North District. E. The proposed site is not within the 100 year flood zone. F. The subject property is currently vacant. Staff Suggestion: Evidence
in the record at this time indicates that the proposed use if fully developed may create a traffic safety issue on the existing road design capacity of US Highway 17 Business between
Porters Neck Road and the New Hanover/Pender County line. The current Level of Service (LOS) is E meaning that the highway design is at capacity with irregular traffic flow. 2. The Board
must find that the use meets all required conditions and specifications of the zoning ordinance, ordinance, A. The subject property is zoned CD ( O&I) and R-15 Residential. The special
use component of the conditional use expired in 2004. The O&I zoning district provides areas where institutional uses, professional office uses and other uses compatible to uses of an
office and institutional nature be encouraged to locate and to provide protection for this type of land use from encroachment by other less desirable uses. B. The O&I zoning district
allows for high density projects not exceeding 10.2 units per acre by special use permit only. C. The petition
ing eight three story buildings along with a clubhouse/pool and open space. Building height will not exceed 35 feet. Based on the number of units proposed, density
would be approximately 9.7 units per acre. D. The proposed apartment campus has access through two ingress and egress points from Stephens Church Road (SR-1351), a NCDOT maintained road.
standards
as defined in the NCDOT Subdivision Construction Standards manual. This connecting street is designed to serve only traffic originating from or going to the development, or other existing
Planned Developments or High Density developments, or future residential development. US Business Highway 17 is a major arterial. E. Buffer yards and setbacks to protect adjoining residential
property (presently vacant) is displayed on the plan and appears to meet Section 67B of the Zoning Ordinance. F. Parking displayed on the site plan appears to meet section 81 of the
Zoning Ordinance. G. No conservation resources, cemeteries, or archaeological sites exist on the property.
S-610, 10/12 Page 3 Staff Suggestion: The proposal satisfies thoroughfare criteria, buffer yards, setbacks, parking and, landscaping criteria. However, evidence in the record at this
time indicates that the proposed use is inconsistent with the intent of the O&I zoning district. 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. The proposed use is allowed in an O&I zoning district by special use permit only. B. Vacant residential property surrounds
most of the proposed development. C. The Kirkland Community is located nearby. D. No evidence has been submitted to date that the project proposal will decrease property values for residents
who live nearby. Staff Suggestion: There is no evidence in the record at this time indicating that the proposed use will substantially injure the value of adjoining or abutting property.
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 plan of development for New Hanover County. A. High density projects are permitted by special use permit in O&I and R-15 zoning districts. B. The adopted
2006 Joint Land Use Plan identifies this site as Transition. This classification provides for future intensive urban development on lands that have been or will be provided with
the necessary urban services. C. A small residential community known as Kirkland is located nearby to the North of the proposed project. The Porters Neck small area plan encompasses
this area and encourages the continued use of residential land uses. Staff Suggestion: The proposal is a contrast to the existing residential fabric of the Kirkland medium density residential
Community located nearby. Evidence in the record suggests that with the proposed buffers the proposed use, if developed according to the plan will be in harmony with the area in which
it is to be located. Staff Conclusion: Findings of fact indicate that the proposed project is not consistent with required finding 1 in that adding additional traffic to a road that
is already at capacity may jeopardize public health and safety. Although the traffic impact analysis adequately addresses ingress and egress to Market Street, and the intersections within
the project scope function at an acceptable level of service, no improvements are proposed for the Hwy. 17 Road segment adjacent to the project which is already at capacity. Finding
2 indicates that the proposed use is not consistent with the intent of the Office and Institutional District since no O&I use is proposed for the entire district. However, staff recommends
that the 19.76 acres for the proposed project be rezoned to CD (R-15) which would be consistent with the existing R-15 zoning district that encompasses the area and nearby Kirkland Community
and would allow the desired density with the proposed special use permit and the buffers and setbacks proposed.
S-610, 10/12 Page 4 Note: A Special Use Permit is a quasi-judicial process requiring an evidentiary hearing and findings of fact. Action Needed (Choose One) 1. Motion to recommend approval
with or without conditions 2. Motion to table the item in order to receive additional information or documentation specify 3. Motion to recommend denial based on specific findings
in any of the four categories noted above, such as lack of consistency with adopted plans or determination that the project will pose public hazards or will not adequately meet requirements
of the ordinance.
Case S-610 (10/12) Request to obtain a Special Use Permit to construct a High Density Apartment Campus Petition Summary Data Parcel Location & Acreage: 8703 Stephens Church Road, 19.76
acres Owner/Petitioner: Gordon Road Development Partners Existing Land Use: Vacant Zoning History: Area 8B (July, 1972; March, 2002) Land Classification: Transition Water Type: Public
Sewer Type: Public Recreation Area: Ogden Park Access & Traffic Volume: Market Street & Porters Neck Road Average Daily Trips (ADT) at Market Street/Porters Neck Road: 12,834 (2011)
Fire District: New Hanover County North Watershed & Water Quality Classification: Island Creek (C,SW) Aquifer Recharge Area: Primary (blend of Castle Hayne & Pee Dee Aquifers) Conservation/Historic/A
rchaeological Resources: None Soils: Leon & Murville Septic Suitability: Marginal Schools: Blair Elementary Holly Shelter Middle School Laney High School
5 6 8 4 2 3 1 7I-140 W MARKET ST PRIVATE STEPHENS CHURCH RD I-140 E MCINTYRE TRL MARKET ST PLANTATION LANDING DR XING PRIVATE PRIVATE PRIVATE MARKET ST PRIVATE CASE MAP S-610, 10/12
Notes: Obtain a special use permit to establish a high density residential development within a CD (O&I) Conditional Office and Institutional District. Location: 8703 Market Street Applicant:
Cindee Wolf, Design Solutions, on behalf of Gordon Road Development Partners, LLC ±S-610 0 250 500ft Label Property Owner Receiving Notification 1 COMMUNITY DEVELOPMENT ASSN OF 2 COMMUNITY
DEVELOPMENT ASSN OF 3 COSLEY ELMA ETAL 4 COX OPHELIA V 5 DALTON HYNDA B ETAL 6 MARKET STREET PARTNERS LLC 7 NC DEPT OF TRANSPORTATION 8 THORNTON FOY S TRUST B ETAL
APPLICANT MATERIALS
Item 3: Text Amendment (A-404, 10/12) -Request by Staff to amend Section 53.6 of the Zoning Ordinance to clarify district procedures, standards, and requirements of the Exceptional Design
Zoning District (EDZD).
A-404, 10/2012 Amendment Page 1 A-404, 10/12 TEXT AMENDMENT TO THE NEW HANOVER COUNTY ZONING ORDINANCE APPLICANT: STAFF Staff proposes to amend Section 53.6 EXCEPTIONAL DESIGN ZONING
DISTRICT (EDZD). Proposed changes are in red. Deletions have strikes through them. 53.6-1: Intent-The Exceptional Design Zoning District (EDZD) provides opportunities for mixed
use and high density residential projects within the unincorporated areas of the County where appropriate urban features are in place to support such projects without the negative
impacts of urban sprawl. Through the conservation of water bodies, wetlands, floodplains and open space, it is intended that this district will prevent the degradation of water
quality and foster the preservation of natural hydrology, habitat and biodiversity. In addition, the district is intended to provide design flexibility to achieve public and
private spaces that advance a sense of community in a well-integrated service area that diminishes the need for vehicular traffic and encourages bicycle and pedestrian movements.
The EDZD shall be located with respect to public and private facilities existing or clearly available by the time they are required within the development.
Physical character of the site and relation to surrounding property -The site shall be suitable for development in the manner proposed without creating hazards to persons or property,
on or off the district, and free from the probability of flooding, erosion, subsidence or slipping of the soil or other dangers. Condition of soil, groundwater level, drainage
and topography shall all be appropriate to both the kind and pattern of use intended. If appropriate to the form and function of development, lands to be included in EDZD
districts may be divided by streets, alleys, rights-of-way or easements, but shall be located, dimensioned and arranged as to permit unified planning and development and
to meet all requirements in connection therewith, as well as to provide necessary protection against adverse relationships between uses in the district and uses in surrounding
areas. 53.6-2: Applicability Areas classified as Conservation on the current CAMA Land Classification Map are not eligible for residential density greater than
2.5 units per acre, and such acreage must be subtracted from the acreage upon which density on other portions of the district is calculated. All other areas of the unincorporated
planning jurisdiction for New Hanover County are eligible for the EDZD. 53.6-3: Procedures for establishing Exceptional Design Zoning Districts 1) Applications;
procedures and materials to be submitted. Approval for EDZD rezoning shall generally follow procedures for establishment of Planned Development Districts. Material submitted
with the application as outlined below, or on subsequent request by the Planning Department, shall include all plans, maps, studies and reports which may reasonably be
required to make the determinations called for in the particular case.
A-404, 10/2012 Amendment Page 2 Applicants are recommended to meet with staff before substantial investments are made towards the design of exceptional development projects
and are required to meet with staff to review the exceptional development concept and criteria prior to submitting an application. Application shall be made on forms provided
by the County and in accordance with the schedule of deadlines for Planning Board submissions. The following procedures must be met: a. Meet with staff b.
Hold 2 community meetings with owners and neighbors adjacent to the proposal and within 500 feet of the area to be considered in accordance with Section 111-2.1.: Required
community information meeting before consideration). At least one meeting must be scheduled after 6:00 p.m. Notice of both meetings must be given at least two (2)
weeks in advance. c. Prepare application and submit by application deadline. The application shall include: i. Survey map as well as metes and bounds description
of the boundaries. ii. Map showing location of existing public water and sewer lines, roadway classification, existing or planned bicycle and pedestrian facilities,
schools, parks, employment centers, and shopping districts within a ½ mile radii of the outermost project boundary. iii. Traffic Impact AnalysisAn evaluation of
traffic impacts prepared in accordance with a scope of work established by the Wilmington Metropolitan Planning Organization, NCDOT and New Hanover County, and signed
by a licensed traffic engineer is required for all projects (based on proposed maximum density and intensity for the acreage). iv. Narrative generally describing
the reasons for seeking rezoning and outlining the anticipated development to be approved under separate permit at a later date, if known, and describing the adequacy
of access to the siteexplaining how the proposed project meets the required elements, as well as the intent, of the EDZD. v. Inventory of the existing environmental,
cultural, historical and natural site attributes. vi. A conceptual plan that shows with reasonable certainty the type and intensity of use for the proposal.
A-404, 10/2012 Amendment Page 3 vii. Summary of the meetings held with surrounding property owners. viii. A checklist of the prerequisite standards that will
be met. ix. Application fee. x. Calculations of the requested density/intensity and documentation supporting the award of points for any density bonus.
xi. Verifiable water and sewer expansion plans must be provided and allocation of capacity confirmed with the Cape Fear Public Utility Authority. xii. Phasing schedule
indicating when each of the EDZD elements will be met. xiii. The project must meet all applicable requirements of the County Zoning Ordinance. d. Planning
Board consideration and Board of Commissioners decision after public hearing. 53.6-4: District Regulations -Residential density and non-residential intensity within
the EDZD shall be based upon the overall exceptional design score of the proposed development. The following regulations must also be met: 1) The applicant must
be the owner or owners of all the property to be included in the district and must demonstrate that the property is jointly owned or be subject to a formal agreement for
unified control. Authorization to Construct shall not be issued until unified ownershipcontrol is established. 2) A district must include the entirety of the parcel or
parcels being considered. 3) A district may not extend across any major or minor arterial roadway having three or more lanes of vehicular traffic unless the district
proposes multiple, unified development phases of mixed uses having safe, signalized vehicular, pedestrian and bicycle facilities to connect the projects, such as crosswalk
signals, pedestrian overpasses, refuge islands, etc. 4) Density permitted by right for residential units in the district shall be six (6) units per acre.
5) Cumulative floor area ratio (FAR) for mixed use permitted by right in the district shall be 1.0. 6) All proposals seeking to exceed six (6) units per acre or FAR
of 1.0 must accumulate exceptional design bonus points sufficient to qualify for the proposed densities or intensities. 7)4) Prerequisite standards as described
in Table 53.6-7.
A-404, 10/2012 Amendment Page 4 8)5) The EDZD Certification must be assured during the first phase of development or prior to completion of more than 24 units, whichever
comes first. A progress report shall be submitted after each phase indicating a proposed timeline for completion of the EDZD elements. 53.6-5: Underlying
Standards for Projects Within an EDZD: 1) Maximum Building height: within 200 feet of any residential zoning district or residential use (4/6/10), building
height shall not exceed forty (40) feet. 2) Building setbacks and separation: Buildings located on the periphery of the district shall be set back a minimum of twenty
(20) feet from the district boundary. When the proposed setbacks from the periphery of the district are less than the proposed height of the buildings, the application
shall include an explanation of how the project reasonably addresses privacy, light, air, and safety impacts upon adjoining properties. 3) Parking: Off-street
parking shall be provided in accordance with Article VIII of the zoning ordinance. Projects that meet Section 53.6-13 Additional Requirements 1, 2, 3 and 5 may reduce
the minimum parking requirements by 10% within the commercial component of the project. 4) Connected and Open Community: In order to promote projects that have high
levels of internal connectivity and are well connected to the community at large, gates or other obstructions may not be utilized on roads entering, exiting or
within the development. 5) Landscaping and buffering shall be in accordance with Article 67, except that required buffers may be allowed within electric utility easements
greater than 30 feet with the permission of the appropriate utility company and provided a memorandum of agreement is in place stating that the buffer will be maintained
in perpetuity in accordance with the standards for size, opacity, and location. 6) Street Lights: Street lights shall be included at the rate of one fixture per 500
linear feet or less of roadway. 7) Lighting (4/6/10): All site lighting shall be located so as not to shine or reflect directly onto any adjacent residential
property. 8) Open Space(4/6/10): Open space shall be provided within all exceptional design zoning districts and except as provided in section (c) below shall equal
a minimum of 35% of the gross site area of the district. Open space is an area of land set aside, dedicated, or reserved for public or private use or enjoyment that
shall be functional for uses including but not limited to: an area of environmental preservation and enhancement, park, internal courtyard, plaza, playground,
A-404, 10/2012 Amendment Page 5 playfield, atrium or greenway pedestrian and non- motorized vehicle easement. Open space may be natural or recreational.
(a) Natural open spaces are intended to protect the natural environment, protect water quality, provide environmental education and provide habitat for wildlife. Natural
open spaces include natural features such as wetlands and conservation overlay districts or otherwise undevelopable land. Natural open spaces shall not exceed
10% of the open space requirement. (b) Recreation open spaces may be active or passive and are intended to provide outdoor recreation opportunities or provide
locations where the public is directly or indirectly invited to gather, browse, sit, interact or congregate. A maximum of 25% of the open space area may contain
amenitized recreational facilities including swimming pools, golf courses, tennis courts and basketball courts. Unimproved passive recreation open spaces are encouraged.
(c) If the proposed open space is less than 35%, or the types of open space do not conform to (a) and (b), the application shall include an explanation of
how the project reasonably provides for spaces that enhance a sense of community and quality of life for the future residents or patrons of the EDZD. All open space
shall remain undivided and be reserved and used in accordance with Section 69.1. 9) All other applicable provisions of the Ordinance shall apply.
53.6-65 Staff Recommendations -Planning staff, in consultation with other appropriate departments or personnel, shall prepare a written report to the Planning
Board and Board of Commissioners, containing the following findings: 1) As to the suitability of the proposals 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) As to the sufficiency of
supporting evidence in the application showing that the proposed location can meet the basic criteria for exceptional design. 3) As to the relation to major roads and
mass transit facilities, utilities and other facilities and services. 4) As to the adequacy of evidence on 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.
A-404, 10/2012 Amendment Page 6 5) As to the suitability of plans proposed or the suggestion of conditions. 6) �
� adopted plans for development in the vicinity, and suggesting how the rezoning might be
reasonable and in the public interest if approved. 53.6-76 Actions by Planning Board; Board of Commissioners -Actions by the planning board shall be in the
nature of a recommendation for or against the rezoning and may include suggested conditions of approval. The Board of Commissioners may grant the application in accordance
with the EDZD regulations and other applicable local, state or federal requirements or may approve the application with conditions attached, or may deny the application.
53.6-87 Development to be in Accord with Approved Concept Plan and Related Regulations - If the rezoning is approved, the Board of Commissioners shall, approve the development
concept plan as described in the application, or indicate required modifications in such approved plan, and such approval shall be binding in determinations concerning
final development plans. If the rezoning is approved, the development shall be required to be in accord with approved concept plans and meet the requirements of these
and other regulations, as approved. The development shall also conform to any time limitations established by the Board of Commissioners or the applicant as to beginning
and completion of the development as a whole, or in specified stages. Before development may proceed, agreements, contracts, deed restriction, sureties and other instruments
involved shall be in a form approved by appropriate officers or agencies. 53.6-98 Administrative Action for Approval of Final Plans 1) After
an EDZD district has been established, no building permit shall be issued therein, unless and until the TRC and the Planning and Inspections Director have approved
final plans and reports for the development as a whole or stages or portions as outlined upon approval. The form and content of such final plans and reports shall be
as prescribed for the district, and in the rules of the county and other affected agencies. The final plan shall constitute the equivalent of preliminary plat approval
under the New Hanover County Subdivision Ordinance. 2) Approval of final plans and reports shall be based on compliance with zoning regulations applying at the time
the land was zoned to EDZD status, including such specific conditions as were included by the Board of Commissioners in its rezoning action. The Planning and Inspections
Director shall certify that the conditions imposed by the Board of Commissioners have been met. 3) Upon approval of final plans and reports, building permits shall
be issued in the same manner as for building permits generally, provided that any requirements relating to the order and location in which building permits are to be
issued in the particular EDZD district shall be observed. Except as provided in this article, final plans and reports approval shall be binding on the applicants and
any successor in title, so long as EDZD zoning is applied to the land.
A-404, 10/2012 Amendment Page 7 53.6-109 Approval of Detailed Plans and Related Material is an Administrative Action Approval of detailed plans and related
material is an administrative action. No public notice or hearing is required in connection with approval proceedings of final plans or changes in approved plans, but
the Technical Review Committee shall meet and approve the technical merits of the final plan, and when the Planning Director or his designee has certified that the
plan approved by the Technical Review Committee meets all the requirements and conditions of the original approval, then signatures of the Planning Director and the
Chairman of the Technical Review Committee shall be affixed to the approved final plan. 53.6-110 Restrictions on Permitted Uses The principal uses
in an EDZD shall be as set out and approved in the original approving action, unless otherwise otherwise amended by the Board of Commissioners. After the concept plan
has been approved, changes in any principal use or accessory use shall constitute a change in the approved EDZD and shall require approval by the Board of Commissioners.
53.6-12 Effect of Approval Any area designated as an EDZD shall thereafter be developed using only the exceptional design standards and proposed conditions
under which the EDZD is approved. Any reduction in the prerequisite standards after approval shall be considered a violation of the terms and conditions of approval.
In accordance with NCGS153A-344.1(c) and (d), approval of the master plan shall establish a vested right. After 24 months from the date of original approval, if no
construction activity has been permitted, the approval of the original concept plan and any approved final plan shall expire and new approvals based on standards existing
for EDZD districts at that time shall be required. Extensions of vested rights beyond the first 24 months may be approved in accordance with Section 112-6. by the TRC
based on relevant circumstances, including but not limited to the size and phasing of development, the level of investment, the need for the development, economic cycles,
and market conditions, but the total vesting period may not exceed 5 years. 53.6-13: Modifications Site specific development plans may be modified
upon review and approval of the Planning Director. Minor changes may be approved in the same manner as set forth in Sec. 71-1(9). Major modifications, including additional
density bonuses may be approved by the Planning Director or his designee and the TRC when the prerequisite standards are maintained and sufficient additional points
accrue to support the request. However, modifications that conflict with small area neighborhood or or corridor plans shall not be approved in this manner. Projects
that remove components for which density or intensity bonuses have been awarded must modify the plan accordingly and submit for approval. 53.6-14
Exceptional Design District Standards Converted to Points
A-404, 10/2012 Amendment Page 8 Density permitted by right for residential units in the district shall be six (6) units per acre. All proposals seeking to exceed
six (6) units per acre must accumulate exceptional design bonus points sufficient to qualify for the proposed densities or intensities. The following table
includes the criteria that shall enable a project to be classified as and Exceptional Design District and allow for the density bonuses herein provided. The first six
(6) criteria are required for any project to initially qualify for Exceptional Design review. In addition to the first six criteria, an additional twelve (12) points are required
from the remaining ten (10) additional criteria. Planning and Inspections Director will determine whether criteria are properly met. CORE REQUIREMENTS (italicized
items are further defined in Definitions Section) 1. Smart Location Option 1: Locate project on an infill site. Option 2: Locate project on an adjacent site with pre-project connectivity.
Option 3: Locate project near existing or planned adequate transit service. Option 4: Locate project near existing neighborhood shops, services, and facilities. REQUIRED 2. Proximity
to Water and Wastewater Infrastructure Option 1: Locate project on a site served by existing water and wastewater infrastructure. Replacement of or other on-location improvements to
existing infrastructure are considered existing for the purpose of achieving this option. Option 2: Locate project within an area scheduled for water and sewer expansion where verifiable
expansion plans can be provided and allocation of capacity can be confirmed with the Cape Fear Public Utility Authority. REQUIRED 3. Significant Species and Ecological Communities Option
1: After consultation with the NC Natural Heritage Program map as found on the New Hanover County online mapping services, no species present or likely to be present that are listed
under the federal Endangered Species Act, NC endangered species list or listed in the NC Natural Heritage Program as either Nationally, State or Regionally Significant. Option 2: If
initial consultation with the NC Natural Heritage Program map is inconclusive, then a qualified biological scientist performs biological surveys to determine the presence of endangered
or significant species or the applicant consults with the NC Natural Heritage Program in Raleigh to receive a State determination. REQUIRED
A-404, 10/2012 Amendment Page 9 Option 3: If endangered or significant species are found, comply with an approved Habitat Conservation Plan (HCP) under the Endangered Species Act for
each species or receive an approved mitigation plan from the NC Natural Heritage Program. Option 4: If endangered or significant species are found and no approved HCP exists, work with
an appropriate authority to create and develop one or develop an approved mitigation plan with the NC Natural Heritage Program. 4. Wetland and Water Body Conservation and Preservation
To prevent bacterial contamination of surface water, install pet waste stations within required open spaces and implement a maintenance schedule for the pet waste stations -and-Option
1: Locate project on a site that includes no jurisdictional wetlands, water bodies (including but not limited to intermittent and perennial streams) or land within 100 feet of these
areas. Option 2: Locate project such that pre-project jurisdictional wetlands, water bodies (including including but not limited to intermittent and perennial streams), and land within
100 feet of such areas shall not experience significant destruction or lasting detrimental effects to water quality or other protected natural resources as a result of new development.
Significant destruction shall include the construction, excavation, deposition, of materials in, over or on such land or any work that would affect the course, location, condition, or
capacity of the receiving water body. Create a long-term management plan for on-site water bodies and wetlands and their buffers, and create a guaranteed funding source for management.
REQUIRED 5. Floodplain Avoidance Option 1: Locate on a site that does not contain any land within a 100-year floodplain. Option 2: Locate the project on an infill site or a previously
developed site and comply with the NFIP requirements for developing portions of the site that lie within the floodplain. Option 3: Develop only on portions of the site that are not in
a floodplain or on on portions that have been previously developed. REQUIRED 6. Stormwater Management Implement a comprehensive stormwater management plan for the project that infiltrates
and reuses stormwater runoff. Stormwater shall be managed following the principles prescribed in the New Hanover County-City of Wilmington Joint Low Impact Development Manual and will
enable a project to use the LID-EZ REQUIRED
A-404, 10/2012 Amendment Page 10 Spreadsheet Tool. A determination that a project qualifies as a Low Impact Development shall be made by the Technical Review Committee (TRC). ADDITIONAL
REQUIREMENTS (MINIMUM OF 12 POINTS FROM THE CRITERIA LISTED BELOW IN ADDITION TO THE CORE REQUIREMENTS) 1. Mixed-Uses* Include a residential component in the project that constitutes
at least 25% of . Design or locate the project such that at least 50% of the dwelling units are
within ¼1/2 mile walk distance of at least three (3) of the diverse uses in the Diversity of Uses List in Section 53.6 of this Ordinance. At least one use from two of the three diverse
use categories within the diversity of uses list is required. *For a project to qualify for more than six (6) units per acre, the mixed uses requirement must be satisfied. 2 points 2.
Bicycle and Pedestrian Access Provide an internal bicycle and pedestrian network that iIncludes a pedestrian or bicycle through-connection in at least 90% of any new cul-de-sacs, except
where prohibited by topographical conditions. -and-Provide bicycle parking and storage for developments that contain multifamily, retail and commercial development. -and-Design and/or
locate the project to meet at least one of the following two options*: Option 1: A planned bicycle network of at least 5 continuous miles in length is within ¼ mile bicycling distance
of the project boundary. For planned bicycle networks, the network must be listed in a plan adopted by the Board of Commissioners. (2 points) Option 2: An existing bicycle network of
at least 5 continuous miles in length is within ¼ mile bicycling distance of the project boundary and connects to either a school, employment center or commercial center that contains
at least seven (7) of the uses in the Diversity of Uses List. (4 points) (*Points will be awarded based on which option is selected, however points will not be awarded for both options.)
2 2 or 4 points points 3. Housing and Jobs/Commercial Opportunity Proximity Option 1: Include a residential component equaling
total building square footage, and locate and/or design the project such that the geographic center is within a ½ mile walk distance of pre-project full-time equivalent jobs equal to
or greater than the number of dwelling units in the project. 2 points
A-404, 10/2012 Amendment Page 11 Option 2: Include a non-residential component equaling at least 30% of the .
4. Diversity of Uses Include a residential component in the project that constitutes at least 25% of the s total building square footage and design or locate the project
such that at least 50% of the dwelling units are within ½ mile walk distance of the number of diverse uses in the approved diversity of uses table. At least one use from two of the three
diversity of uses list is required. 2-4 points 5. Conservation Management of Habitat or Wetlands Create a long-term management plan for new or existing on-site native habitats, and/or
water bodies and wetlands and their buffers, and create a guaranteed funding source for management. 2 points 6.4. Transit Facilities Locate development within ¼ mile of an existing or
planned transit route. The transit agency must certify that it has an approved budget that includes specifically allocated funds sufficient to provide the planned service and that service
will commence no later than occupancy of 50% of the project footage. -and-Provide or identify covered and at least partially enclosed
shelters, adequate to buffer wind and rain, with at least one bench, at each transit stop. -and-Provide kiosks, bulletin boards, and/or signs devoted to providing local public transit
information as part of the project, including basic schedule and route information at each public transit stop within or bordering the project. 4 points 7.5. Certified Green Building
Design, construct, or retrofit one whole residential or non-residential building to be certified through: LEED, NAHB Green Building Standards, North Carolina Healthy Built Homes or Green
Globes. 2 points 8.6. Minimum Building Energy Efficiency For non-residential, mixed use, and multifamily residential buildings four stories or greater, new buildings must be on average
10% 10% better than ANSI/ASHRAE/IESNA Standard 90.1-2007meet at least three of the additional requirements listed in the N.C. Energy Conservation Code for Commercial Buildings. For new
multi-family residential buildings three stories or fewer and new single-family residential buildings, 90% of new buildings must meet Energy Star criteria the HERO option listed within
the Energy Conservation Code of the N.C. State Building Code. 24 points 7. On-Site Renewable Energy Sources Incorporate on-site nonpolluting renewable energy generation, such as solar
and geothermal energy with production capacity electrical and thermal energy cost (exclusive of existing
buildings), as established through an accepted building energy performance simulation tool. 2 points
A-404, 10/2012 Amendment Page 12 9.8. Water Efficient Landscaping Reduce potable water consumption for outdoor landscape irrigation by limiting turf to 25% or less, incorporating rainwater
catchment system(s) such as rain barrels or cisterns into the project, installing drip irrigation and utilizing stormwater for landscape irrigation. 2 points 9. Native Landscapes Complete
a comprehensive inventory of existing trees and vegetation on site and identify vegetation that is native, nonnative or invasive. Create a landscape plan that preserves and enhances
native landscapes and eradicates or prevents the spread of nonnative and invasive species. All noninvasive significant trees in good or excellent condition shall be maintained as part
of this plan. 2 points 10. Building Orientation Design the project so that a minimum of 75 percent of the building sites are constructed with the longer dimension of the structure facing
0-30 degrees of south. 2 points 11. Affordable Housing Include a minimum of 15% of the dwelling units as rental and/or for-sale dwelling units priced for households earning below area
median income (AMI). Rental units must be maintained at affordable levels for a minimum of 15 years. 42 points *No partial points will be awarded. Points will not be awarded
on a sliding scale. BONUS AWARDS: Bonus points will accrue after satisfaction of the
criteria above. The mixed uses criteria must be satisfied in order to accrue bonus points. When the project proposed has established the minimum criteria, any additional
points derived from within the elective categories above may be applied toward density or floor area ratio bonuses. Points may not be double counted and no partial
points will be awarded.Density bonus shall be awarded at a rate of one (1) additional dwelling unit per acre for each additional point accrued over the minimum exceptional
criteria or one tenth (1/10) additional FAR for each two additional points.
A-404, 10/2012 Amendment Page 13 Diversity of Uses List Use One: Retail Convenience Store Florist Hardware Store Pharmacy
SupermarketGrocery Store Miscellaneous retail Use Two: Services Bank Coffee Shop Hair care Health club Laundry/dry cleaner
Medical/dental office Restaurant Offices for private business and professional activities Use Three: Civic/Community Facilities Child care
(licensed) Civic/community center Place of worship in a building Police/fire station Post office Public library Public park
School Senior care Social services facility Diversity of Uses Table Number of Uses Points Earned 2 2 3-5 3 6 or more 4
A-404, 10/2012 Amendment Page 14 Associated Technical Standards for Section 53.6 of the New Hanover County Zoning Ordinance, Exceptional Design Zoning District Definitions
Infill Site is defined as a site where at least 75% of the perimeter of the property borders parcels that have been previously developed.
Previously Developed is defined as a site having pre-existing impervious coverage that would typically have required regulatory permitting to have been initiated.
Walk Distance: For the specified walk distance, the pedestrian must be able to travel between origins and destinations without obstruction, in a safe and comfortable environment
on a continuous network of sidewalks, all-weather-surface footpaths, crosswalks, or equivalent pedestrian facilities. Pedestrians should not have to cross a street
with speed limits greater than 25 mph without signals or stop signs at crosswalks. Requirement 1: Smart Location Pre-project connectivity may be met
when the proposed project is located so that 25% of the project boundary is adjacent to a previously developed property and connectivity of the site and adjacent land
is at least ninety (90) intersections/square mile as measured within a ½-mile distance of a continuous segment of the project boundary. Locate and/or design the project
such that a through street and/or nonmotorized right-of-way intersects the project boundary at least every 800 feet, connecting with an existing street and/or right-of-way outside
the project. (4/6/10) Existing or planned adequate transit service: At least 50% of dwelling units and business entrances within the project must
be located within ½ mile walk distance of existing or planned bus transit stops. For planned transit stops, the transit agency must certify that it has an approved
budget that includes specifically allocated funds for the transit stop and that the stop will be constructed no later than occupancy of 50% of the project
footage. Location of project near existing neighborhood shops, services, and facilities: The project boundary must be within ¼ mile
walk distance of at least five (5) or within ½ mile walk distance of at least seven (7), of the diverse uses in the Diversity of Uses List in Section 53.6 of the Ordinance.
Uses must include at least one use from each of the three diverse use categories with the following limitations: a) uses may not be counted in two categories, e.g. a school
or place of worship may be counted only once even if it also contains a daycare facility; b) a mixed use building containing several uses
as distinctly operated enterprises with separate exterior entrances may count each as a separate use, but no more than half of the minimum number of diverse uses can
be situated in a single building or under a common roof; c) a single retail store
A-404, 10/2012 Amendment Page 15 of any type may only be counted once even if it sells products associated with multiple use types. Requirement
34: Significant Species and Ecological Communities The Natural Area Inventory for New Hanover County shall be found on the New Hanover
designed to identify the highest quality natural areas and natural communities in New Hanover County. Only
Significant species are determined to be regulated under this requirement. Requirement 5: Conservation Management of Habitat or Wetlands Long-term
management plan This plan must manage the identified resource for at least ten (10) years and include biological objectives consistent with habitat and/or water resource
conservation. The plan should identify the following: a) procedures for maintaining maintaining the conservation areas and personnel to carry out those procedures,
and b) estimated implementation costs and funding sources. Requirement 76: Stormwater Management The New Hanover County-City of Wilmington Joint Low
Impact Development Manual shall be downloaded from the New Hanover County Planning website. In order to meet this requirement, a determination that the project is in
fact a Low Impact Development project, �
�he project are encouraged to meet with County Planning and Engineering staff prior to submittal
Additional Requirement 1: Bicycle and Pedestrian Access Bicycle Network: A continuous network consisting of any combination of physically designated
in-street bicycle lanes at least four (4) feet wide, off-street bicycle paths or trails at least eight (8) feet wide for a two-way path and at least five (5) feet wide
for a one-way path, and/or streets with low traffic volumes designed to carry neighborhood traffic (bicycle through streets). Refer to AASHTO bicycle and pedestrian
standards for appropriate design and construction. Bicycle Storage for Multifamily Residential: In order to meet this requirement, the project must
provide secure bicycle racks on-site with at least one bicycle space per ten (10) dwelling units and no fewer than four (4) spaces per project site. Bicycle
Storage for Retail: The project must provide secure visitor, customer and/or employee bicycle racks on site, with at least one bicycle space per 5,000 square feet of retail
space, but no fewer than one bicycle space per business or four bicycle spaces per project site, whichever is greater. Bicycle Storage for Commercial
Non-Retail: The project must provide secure employee and/or visitor bicycle racks on-site with at least one bicycle space per 10,000 square feet of commercial non-retail
space but not fewer than four bicycle spaces per building.
A-404, 10/2012 Amendment Page 16 Additional Requirement 6 4: Certified Green Building �
� program (i.e.: NAHB Green Building Certification must be conducted
through the local NAHB certification program). Additional Requirement 7 5: Minimum Building Energy Efficiency For non-residential or mixed-use buildings,
projects may document their building energy efficiency by producing a LEED for New Construction energy model demonstrated by a whole building project simulation using
the Building Performance Rating Method in Appendix G of ANSI/ASHRAE/IESNA Standard 90.1-2007. For multifamily residential buildings, projects may demonstrate
compliance with Energy Star criteria either through the prescriptive requirements of a Builder Option Package, Home Energy Rating System (HERS) index, or a combination
of the two. Energy Star certification is to be conducted by a 3rd party verification process. Additional Requirement 9: 10 Affordable Housing For
rental units, affordability must be priced for households earning 8060% of the area median income (AMI). Rental limits are calculated annually based on the HUD Standard Income
and Rent Limits table. For sale units, affordability will be based on sale price limits established by the North Carolina Housing Finance Agency First-Time Home Buyer
Mortgage and Downpayment Assistance Program.(4/6/10)
Item 4: Text Amendment (A-405, 10/12) -Request by Staff to amend Section 112-6 of the Zoning Ordinance to clarify the process for obtaining a formal extension of an approved planning
action.
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Item 5: Text Amendment (A-406, 10/12) -Request by Staff to amend Section 111-2.1, 112.1 and 121-3 to provide clarification to community meeting requirements and notification requirements.
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Item 6: Text Amendment (A-407, 10/12) -Request by Staff to amend Section 111 of the Zoning Ordinance to allow petitions to be resubmitted within twelve months if substantial changes
are made.
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Item 7: Text Amendment (A-408, 10/12) -Request by Staff to add Section 53.1 to the Zoning Ordinance to create a by right R-7: Medium Density District.
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A-408, 10/12 Page 4 Permitted Uses PD R 20S R 20 R 15 R 10 R 7 B1 B2 I1 I2 O &I AR AI SC RA * RF MU Commercial Marina (2/14/84) P S S S S S S P P P S Electric /Gas & Sanitary
Services P P P P P P P P P P P P P P P Electric Substations P S S S S P P P P P S P P S Telephone & Telegraph Facilities P P P P P P P P P P P P P P P Other Communication Facilities
Including Towers S S S S S S S S P P S S S S S (2/5/96) Cellular & PCS Antennas (See Section 69.17 (H)) P P P P P P P P P P P P P P P Convenience Food Store (7/5/85) P S S S P P P P
S S P S Camping, Travel Trailer Parks (2/14/83) P S S S S S P S Golf Courses P P P P P P P P Indoor & Outdoor Recreation Establishments P S S S S S P P P P S S S P S (2/14/82, 8/16/04)
Parks & Recreation Area (4/2/07) P P P P P P P P P P P P P P P Adult Day Care P S S S S S P S Children's Day Care (12/13/82) P S S S S S P P S S P S Community Center P S S S S S P S
Hospitals P S S S S S P S Nursing & Personal Care Facilities P S S S S S P S Residential Care (9/8/81) P P P P P P S P P P Educational Services Colleges, Universities, Professional Schools
& P S S S S S P S Technical Institutions Elementary & Secondary Schools P P P P P S P P Libraries P P P P P S P P P P P P Museums (5/2/83) P P P P P Membership Organizations Churches
P P P P P S P P P P P P P P P Lodges, Fraternal & Social Organizations (5/2/83) P S S S S S P P P S S Other Accessory Buildings or Uses, clearly incidental to P P P P P P P P P P P P
P P P the Permitted Use or Building (see Section 62) Cemeteries S S S S S S S S Community Boating Facility (8/6/92) S S S S S S S S Private Residential Boating Facility (9/19/92) P P
P P P P P P Duplexes P S P S P Evangelistic and Religious Assemblies not P P P P P P P P P P P P P P P conducted at a Church (7/6/92) Government Offices & Buildings P S S S S S P P P
P P P P P S High Density Development (3/22/82) Permitted only P S S S S within Urban Transition Area (2/16/87, 10/11/95) Home Occupation P P P P P P P P
A-408, 10/12 Page 5 Permitted Uses PD R 20S R 20 R 15 R 10 R 7 B1 B2 I1 I2 O &I AR AI SC RA * RF MU Other Mobile Home S P P P S S P S Mobile Home, Doublewide (6/7/82) P P P P P
S S P P Mobile Home Park (Density shall not exceed 2.5 P S S S S Units beyond Urban Transition area) (2/16/87, 10/11/95). Mobile Home Subdivision (6/1/92) S S S S S S Outdoor Bazaars
excluding Yard Sales (7/6/92) P P P P P P P P P P P P P P P Residential Private Pier P P P P P P P Single Family Dwelling P P P P P P S S P P P P Single Family Dwelling-Attached (1/4/82)
P P P P P S S P Special Fund Raising for Non-Profit Organizations P P P P P P P P P P P P P P (7/6/92) Temporary Sign P P P P P P P P P P P P P P P Recycling Facilities: (1/3/89) Small
Collection P S S S S P P P P S P P
Technical Review Committee Report – September
SEPTEMBER2012TECHNICALREVIEWCOMMITTEEREPORT The County’s Technical Review Committee (TRC) met twice during the month of September and reviewed
three (3) plans –one performance residential project, a street rightofway dedication, and discussedonehighdensityproject. Wildflower(PerformancePlan)
WildflowerislocatedinthecentralportionofourjurisdictionandisclassifiedasUrbanontheCounty’s 2006JointLandUsePlan.TheUrbanclassificationprovidesf
orthecontinuedintensivedevelopmentof landbasedontheavailabilityofpublicinfrastructure. ThedeveloperfortheprojectrequestedTRCtoconsidera57lotdivis
ionlocatednearthewesternend ofAlbemarleRoad.AlbemarleRoadisjustnorthofMarketStreetnearJudgesRoad.Projectparticulars include public streets,
public water& sewer, and good street interconnectivity between Wildflower properandCrestwoodsubdivisions. In a vote of 50, the TRC approved
the performance preliminary site plan for Wildflower with the following conditions: no gates or obstructions along the street network and a
new unduplicated developmentname. ShoalsDrive(R/WDedication) Shoals Drive is located in Bayshore Estates subdivision near the Ogden Community.
The street is connectedtoaseriesofpublicstreetswithinthesubdivision.Intheearly1990’s,thenorthernportion ofShoalsDrivewasdesignatedandeventuall
yconstructedforpublicusebutneverformallydedicated asarightofway.ThedeveloperforBayshoreEstates,Inc.requestedTRCtoapprovetherightofway
dedicationofthenorthernportionofShoalsDrivesoitwouldbeconsideredbyNCDOTforplacement ontheirhighwaymaintenancesystem. Inavoteof50,theTRCap
provedpreliminaryrightofwaydedicatedforthenorthernportionofShoals Drive.Noconditionswereplacedontheplan. StephensPointe(HighDensityPlan)
Stephens Pointe is located in northern New Hanover County near the Kirkland Community off US Highway17(MarketStreet)andisclassifiedas“Transition”on
theCounty’s2006JointLandUsePlan. The“Transition”classificationprovidesforfutureintensiveurbandevelopmentonlandsthathavebeen orwillbeprovidedwithn
ecessaryurbanservices. Theapartmentcampuswillconsistofeightbuildingscontaining192units(19.76acres)offthewestern endofStephensChurchRoad.P
ublicwaterandsewerisproposedwithtwoaccesspoint
sleadinginto theproject.Internalaccesstotheunitswillconsistofanetworkofparkingareas. StephensPointeisahighdensityprojectproposal(CDO&IDis
trict)thatrequiresaspecialusepermit. The special use permit component along with the site plan will be reviewed at the Planning Board
meetingOctober4,2012.ThedeveloperinconjunctionwithPlanning/Inspectionsstaffrequestedthat theprojectbediscussedatTRC(September26,2012)withstaffandothe
rsignificantagencies.Novote wastakenontheproposedplan.