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2016-09-08 September 8 2016 PB Agenda PackageAGENDA NEW HANOVER COUNTY PLANNING BOARD New Hanover County Historic Courthouse 24 North Third Street, Assembly Room 301 Wilmington, NC DONNA GIRARDOT, CHAIRMAN PAUL D. BONEY, BOARD MEMBER - ERNEST OLDS, BOARD MEMBER THOMAS "JORDY" RAWL, BOARD MEMBER - EDWARD T. (TED) SHIPLEY, III, BOARD MEMBER H. ALLEN POPE, BOARD MEMBER - DAVID WEAVER, BOARD MEMBER CHRIS O'KEEFE, PLANNING & INSPECTIONS DIRECTOR - KENNETH VAFIER, PLANNING MANAGER MEETING CALLED TO ORDER (Chairman Donna Girardot) PLEDGE OF ALLEGIANCE (Ken Vafier) APPROVAL OF AUGUST MEETING MINUTES REGULAR ITEMS OF BUSINESS The Planning Board may consider substantial changes in these petitions as a result of objections, debate, and discussion at the meeting, including rezoning to other classifications. 1Public Hearing Item 1: Zoning Ordinance Amendment Request (A-425, 9/16) – Request by Planning Staff to amend Zoning Ordinance Section 70, Section 71, Section 23, and Section 50 regarding Special Use Permit Requirements and the Table of Permitted Uses. TECHNICAL REVIEW COMMITTEE REPORT 1TRC Report for August 2016 OTHER ITEMS 1Election of Officers 1. Chair 2. Vice Chair Planning Board - September 8, 2016 NEW HANOVER COUNTY PLANNING BOARD REQUEST FOR BOARD ACTION MEETING DATE: September 8, 2016 REGULAR ITEM: DEPARTMENT: PRESENTER(S): Chris O'Keefe, Planning & Inspections Director CONTACT(S): Ben Andrea, Planning & Zoning Supervisor; Ken Vafier, Planning Manager SUBJECT: Public Hearing Item 1: Zoning Ordinance Amendment Request (A-425, 9/16) – Request by Planning Staff to amend Zoning Ordinance Section 70, Section 71, Section 23, and Section 50 regarding Special Use Permit Requirements and the Table of Permitted Uses. BRIEF SUMMARY: As part of an ongoing dialogue about the county’s special use permit (SUP) regulations, New Hanover County staff facilitated a meeting in early March 2016 with community representatives both in support and opposition to draft ordinance revisions that was created after a series of stakeholder input meetings. After the March 2016 meeting, Planning Staff took the lead on developing a new draft that embellished the points of improvement that were largely supported throughout the ongoing dialogue, including describing a clear and predictable process for application, review, and decision making, in addition to revising the table of permitted uses in a manner that provided clarity for discerning how a particular industry is classified and regulated by the county. At the directive of the Board of Commissioners, the new staff-drafted amendment proposal was then provided to LSL Planning, the consultation team contracted to work with both the City and the County for comprehensive land use regulation updates. LSL Planning created reports providing recommendations and feedback on the language proposed by staff for Sections 70 and 71 of the ordinance, in addition to suggesting how the table of permitted uses could be revised to improve organization and provide clarity for industrial use classification utilizing the North American Industrial Classification System (NAICS) coding. The draft text amendment includes all of the changes recommended by the consultant, staff suggested language and the changes discussed at the August 30 Planning Board work shop. STRATEGIC PLAN ALIGNMENT: Intelligent Growth and Economic Development • Attract and retain new and expanding businesses • Implement plans for land use, economic development, infrastructure and environmental programs • Understand and act on citizen needs RECOMMENDED MOTION AND REQUESTED ACTIONS: ITEM: 1 Planning Board - September 8, 2016 Hold Public Hearing and either: - Motion to recommend approval of the staff recommended version of the proposal or an amended version of the proposal - Motion to table item in order to receive more information - Motion to recommend denial of the amendment request based on specific reasons ATTACHMENTS: A-425 Staff Summary SUP Amendment Community Comments Coastal Federation Recommendations 2014 SUP Text Amendment Information ITEM: 1 Planning Board - September 8, 2016 A-425, (09/16) Page 1 of 25 ZONING ORDINANCE AMENDMENT REQUEST CASE: A-425, 09/16 PETITIONER: Planning Staff REQUEST: Amend Zoning Ordinance Section 70, Section 71, Section 23, and Section 50 BACKGROUND AND SUMMARY: As part of an ongoing dialogue about the county’s special use permit (SUP) regulations, New Hanover County staff facilitated a meeting in early March 2016 with community representatives both in support and opposition to draft ordinance revisions that was created after a series of stakeholder input meetings. After the March 2016 meeting, Planning Staff took the lead on developing a new draft that embellished the points of improvement that were largely supported throughout the ongoing dialogue, including describing a clear and predictable process for application, review, and decision making, in addition to revising the table of permitted uses in a manner that provided clarity for discerning how a particular industry is classified and regulated by the county. At the directive of the Board of Commissioners, the new staff-drafted amendment proposal was then analyzed by LSL Planning, the consultation team contracted to work with both the City and the County for comprehensive land use regulation updates. LSL Planning created reports providing feedback on the language proposed by staff for Sections 70 and 71 of the ordinance, in addition to suggesting how the table of permitted uses could be revised to improve organization and provide clarity for industrial use classification utilizing the North American Industrial Classification System (NAICS) coding. The text below represents the language prepared by staff after the March 2016 meeting and includes the changes suggested by LSL Planning in their July 29, 2016 report. Some of the changes suggested by LSL Planning are supported by staff, and other suggested changes are not supported by staff. Please note that the text below would replace the existing text in Sections 70 and 71 of the Zoning Ordinance in their entirety. Proposed changes to the definitions and the table of permitted uses begin on page 9. Section 70: General Information, Applications, Process, Public Notice, Public Hearings, Review and 1 Decision, and Conclusions Required for Approval 2 3 70-1: General 4 5 Key: Black Text – Language from the June 2016 Planning Staff Draft Blue and Underlined Text – Language suggested for addition by LSL Planning and supported by Planning Staff Blue and Strikethrough Text – Language suggested for removal by LSL Planning and supported by Planning Staff Red and Underlined Text – Language suggested for addition by LSL Planning and not supported by Planning Staff Red and Strikethrough Text – Language suggested for removal by LSL Planning and not supported by Planning Staff Yellow Highlighted Text – Change made after 8/30/16 Planning Board Workshop - 1 - 1ITEM: 1 Planning Board - September 8, 2016 A-425, (09/16) Page 2 of 25 (1) Special Use Permits add flexibility to the Zoning Ordinance. Subject to high 6 standards of planning and design, certain property uses may be allowed in the 7 several districts where these uses would not otherwise be acceptable. By means 8 of controls exercised through the Special Use Permit procedures, property uses 9 which would otherwise be undesirable in certain districts can may be developed 10 to minimize any bad negative external effects they might have on surrounding 11 properties. 12 (2) Any use or development designated by applicable zoning district regulations as a 13 special use, or as allowed only pursuant to a special use permit, may be 14 established in that district only after the use or development is authorized by a 15 validly issued special use permit. 16 17 70-2: Applications 18 19 (1) Applications for a Special Use Permit shall be submitted to the Planning and 20 Inspections Director or their designee by the owner or owners, or their duly 21 authorized agent, of the property subject to the Special Use Permit petition at 22 least 35 business days prior to an adopted Planning Board meeting date. A 23 schedule of adopted Planning Board meeting dates and the subsequent 35-24 business-day application deadline shall be available at the Department of 25 Planning and Inspections. 26 (2) Applications for a Special Use Permit shall include the following to be considered 27 a complete application: 28 (A) Completed and signed application form for a Special Use Permit 29 (B) Traffic Impact Worksheet 30 (C) Traffic Impact Analysis (only applicable for development proposals that 31 exceed 100 peak hour trip generation) 32 (D) Site Plan, including the elements listed in Section 60.1 33 (E) Narrative of proposal depicting the nature and scope of the proposed 34 development 35 (F) At the discretion of the petitioner, supplemental information, plans, 36 and/or documents that the petitioner intends to use to demonstrate at 37 the public hearing that the conclusions required for approval in Section 38 70-7 are met 39 (G) Authority for Appointment of Agent Form (only applicable if the petition 40 for Special Use Permit is submitted by an agent for the property owner(s)) 41 (H) Application fee based on the adopted fee schedule 42 (I) Community information meeting report for community information 43 meeting per Section 111-2.1 (only for uses classified as Intensive 44 Manufacturing) 45 - 1 - 2ITEM: 1 Planning Board - September 8, 2016 A-425, (09/16) Page 3 of 25 (3) Specific requirements of plans application requirements may be waived by the 46 respective reviewer, planning director, or planning board, where it is determined 47 that the required information is not applicable to the subject request. 48 49 70-3: Process 50 51 (1) The Planning and Inspections Director or their designee shall review application 52 packages and respond to the petitioner as soon as possible but at most within 2 53 5 business days following the application deadline submission to notify the 54 petitioner in writing including regular mail or e-mail of any omissions to the 55 requirements under Section 70-2(2) that render the application incomplete. This 56 review for completeness is to ensure that each of the applicable documents have 57 been submitted as part of the application, and not to verify or substantiate the 58 information provided within the application package. 59 (2) Applications with no omissions to the requirements under Section 70-2(2) shall 60 be deemed complete and be calendared for a public hearing at the earliest 61 upcoming Planning Board meeting that allows time for the required legal notices. 62 The Planning and Inspections Director or their designee shall respond to the 63 petitioner as soon as possible but at most within 5 business days following the 64 application submission in writing including regular mail or e-mail to notify them 65 that the application was deemed complete and confirm the date of the Planning 66 Board meeting at which the public hearing will be held. 67 (3) The petitioner shall have up to 5 business days from the application deadline to 68 submit any omitted application requirements that would render the application 69 complete based on the feedback provided pursuant to Section 70-3(1) above. 70 (4) Within 10 business days following an application deadline, complete applications 71 for special use permit petitions shall may shall be posted on the Planning and 72 Inspections Department web page (www.planningdevelopment.nhcgov.com) in 73 addition to the date, time, and location of the Planning Board meeting at which 74 the public hearing will be calendared. Notification of the posting of the special 75 Note 1: Staff does not support this proposed addition as the requirements above, with the exception of (C) and (G), are applicable for all SUP applications. Language is included for when (C) and (G) are applicable. As such, there should not be an instance where discretion is needed for any of the application requirements. Note 2: Staff supports changing the review period from 2 bus iness days to 5 business days to review applications for completeness against the requirements listed in Section 70 -2(2). Additionally, staff supports the suggested clarification that contact with the petitioner be made by mail or email to notify of an incomplete application. Note 3: Staff supports removing the above section that would allow for the submission of any missing application requirement after the application deadline has passed, agreeing with LSL Planning’s rationale. Commented [AB1]: Planning Board suggested to retain this language. - 1 - 3ITEM: 1 Planning Board - September 8, 2016 A-425, (09/16) Page 4 of 25 use permit application(s) and meeting information shall also be sent to the 76 Sunshine List. Any additional information received from the petitioner after the 77 application deadline shall also be posted on the web page. 78 79 80 (5) In preparation for the public hearing at the Planning Board for a petition for a 81 special use permit, the Planning and Inspections Director or their designee shall 82 analyze the information and materials provided in the application package to 83 provide a summary of the request and preliminary findings of fact in the form of 84 a report to be included in the agenda package for the Planning Board meeting. 85 The intent of the report is to inform the Planning Board of whether the 86 Conclusions Required for Approval in Section 71-4 have been met or to identify, 87 from staff’s perspective, issues or areas that the Planning Board may need more 88 information on in order to provide a recommendation to the Board of County 89 Commissioners whether each of the required conclusions in Section 70-7 have 90 been met. The staff analysis report shall be published by the Clerk to the Planning 91 Board as part of the agenda package for the Planning Board meeting. 92 (6) In preparation for the public hearing at the Board of County Commissioners for a 93 petition for a special use permit, the Planning and Inspections Director or their 94 designee shall prepare a report summarizing the Special Use Permit request, the 95 information and materials provided in the application package and presented at 96 the Planning Board public hearing(s), the Planning Board’s recommendations, and 97 preliminary findings of fact. The intent of the report is to inform the Board of 98 County Commissioners of whether the Conclusions Required for Approval in 99 Section 71-4 have been met or to identify, from staff’s perspective, issues or areas 100 that the Board of County Commissioners may need more information on in order 101 to reach a required conclusion. The staff analysis report shall be published by the 102 Clerk to the Board of County Commissioners as part of the agenda package for 103 the County Commissioners meeting. 104 105 106 70-4: Public Notice 107 Note 4: Staff supports the above change that completed applications may be posted on the website as soon as possible. Changing the “shall” to “may” ensures that a petitioner’s application is not nullified or postponed due to a staff error. Note 5: Staff does not support the change suggested by LSL Planning to remove language in Sections 70-3(4) and 70-3(5) detailing staff’s role in preparing reports for the Planning Board and Board of Commissioners to inform them of potential information that may be needed for the boards to reach one or more of the conclusions required for approval in Section 71 -4. This language clarifies that an SUP application may move forward through the public hearing process despite a petition lacking sufficient information to demonstrate that a conc lusion can be met; such information could be introduced at the hearing despite it being not included in the application materials. - 1 - 4ITEM: 1 Planning Board - September 8, 2016 A-425, (09/16) Page 5 of 25 (1) Public notice for a petition for a special use permit shall be disseminated per 108 Section 112.1 of the Zoning Ordinance. 109 110 70-5: Public Hearings 111 112 (1) A public hearing at the Planning Board for the special use permit application shall 113 be calendared per Section 70-3(3). 114 (2) The public hearing for the special use permit application at the Planning Board 115 shall held in a quasi-judicial format. At the hearing, the Planning Board hears 116 factual evidence presented at an evidentiary hearing, then makes 117 recommendations for findings of fact supported by competent, substantial, and 118 material evidence. Based on those recommended findings, the Planning Board 119 may render a recommendation to the County Commissioners on whether each of 120 the required conclusions specified in Section 70-7 can be reached. 121 (3) The Planning Board may continue the hearing to a later meeting to accommodate 122 additional witnesses or the presentation of additional testimony or evidence. If 123 the time and place of the continued hearing is announced in open session during 124 the hearing, no further notice need be given for the continued hearing. 125 (4) A public hearing at the Board of County Commissioners shall be calendared 126 following the public hearing at which the Planning Board makes a 127 recommendation. 128 (5) The public hearing for the special use permit application at the Board of County 129 Commissioners shall held in a quasi-judicial format. At the hearing, the Board 130 hears factual evidence presented at an evidentiary hearing, then makes findings 131 of fact supported by competent, substantial, and material evidence. Based on 132 those findings, the Board of County Commissioners decides whether or not it can 133 reach each of the required conclusions specified in Section 70-7 below. 134 (6) The Board of County Commissioners may continue the hearing to a later meeting 135 to accommodate additional witnesses or the presentation of additional testimony 136 or evidence. If the time and place of the continued hearing is announced in open 137 session during the hearing, no further notice need be given for the continued 138 hearing. 139 140 141 142 70-6 Review and Decision: 143 144 (1) The applicant bears the burden of presenting sufficient evidence in support of the 145 application to allow the Board of County Commissioners, after weighing such 146 Note 6: Staff does not support the change suggested by LSL Planning to remove language in Sections 70-5. While the language may be overly detailed, providing such detail was intentional so as to provide a clear description of the public hearing process in response to the comments provided as part of the ongoing dialogue. - 1 - 5ITEM: 1 Planning Board - September 8, 2016 A-425, (09/16) Page 6 of 25 evidence against that presented in opposition to the application, to make findings 147 of fact that reasonably support each of the required conclusions outlined in 148 Section 70-7 as well as any applicable specific standards for the proposed use as 149 required by Section 72. If that burden is met, the Board of County Commissioners 150 must approve the application. If that burden is not met, the Board of County 151 Commissioners must deny the application, provided that if the Board of County 152 Commissioners determines that specific minor changes or additions to, or 153 restrictions on, the proposed development are necessary and sufficient to 154 overcome impediments to its reaching the required conclusions, it may approve 155 the application subject to reasonable conditions requiring such changes or 156 - 1 - 6ITEM: 1 Planning Board - September 8, 2016 A-425, (09/16) Page 7 of 25 additions or imposing such restrictions. Such conditions may include time limits 157 for completion of development or for the start or end of certain uses or activities. 158 (2) A motion to approve the application must state the required conclusions and 159 include findings of fact on which the conclusions are based, plus any proposed 160 conditions of approval. The favorable vote of at least 3 members of the Board of 161 County Commissioners is necessary to pass such a motion. A motion to deny the 162 application must state which of the required conclusions cannot be reached and 163 include findings of fact on which the inability to reach the conclusions is based. 164 The favorable vote of a majority of Board of County Commissioners members 165 present is necessary to pass such a motion. If a motion to approve the application 166 fails, the application is deemed denied, and those members voting against the 167 motion must state which of the required conclusions they could not reach as well 168 as findings of fact on which their inability to reach the conclusions is based. 169 (3) Every decision by the Board of Commissioners issuing or denying a special use 170 permit shall be subject to review by the Superior Court by proceedings in the 171 nature of certiorari. Any petition for review by the Superior Court shall be filed 172 with the Clerk of Superior Court within 30 days after the decision of the Board is 173 filed in the Office of the Clerk to the Board, or after a written copy thereof is 174 delivered to every aggrieved party who has filed a written request for such copy 175 with the Clerk or Chairman of the Board at the time of the hearing of the case, 176 whichever is later. 177 178 179 70-7: Conclusions Required for Approval – The Board of County Commissioners may not 180 approve an application for a special use permit unless it reaches each of the following conclusions 181 based on findings of fact supported by competent, substantial, and material evidence presented 182 at the hearing. The considerations listed below each required conclusion are intended to suggest 183 some of the primary concerns pertinent to reaching the conclusions, but are not intended to be 184 all-inclusive. 185 186 (1) The use will not materially endanger the public health or safety if located where 187 proposed and approved. Considerations: 188 Note 7: Staff does not support the change suggested by LSL Planning to remove language in Sections 70-6. While the language may be overly detailed, providing such detail was intentional so as to provide a clear description of the public hearing process in response to the comments provided as part of the ongoing dialogue. However, LSL Planning suggested that the ordinance be clear that an SUP application will be reviewed against the general standard in Section 70-7 as well as the supplemental regulations for a proposed use that may be applicable from Section 72. The addition under 70 -6(1) is suggested by staff to provide the clarity suggested by LSL Planning. - 1 - 7ITEM: 1 Planning Board - September 8, 2016 A-425, (09/16) Page 8 of 25 (A) Traffic conditions in the vicinity, including the effect of additional traffic 189 on streets and street intersections, and sight lines at street intersections 190 with curb cuts; 191 (B) Provision of services and utilities, including sewer, water, electrical, 192 garbage collections, fire protection; 193 (C) Soil erosion and sedimentation; and 194 (D) Protection of public, community, or private water supplies, including 195 possible adverse effects on surface waters or groundwater; and 196 (E) Anticipated air discharges, including possible adverse effects on air 197 quality 198 (2) The use meets all required conditions and specifications of the Zoning Ordinance; 199 (3) The use will not substantially injure the value of adjoining or abutting property, 200 or that the use is a public necessity. Considerations: 201 (A) The relationship of the proposed use and the character of development 202 to surrounding uses and development, including possible conflicts 203 between them and how these conflicts will be resolved; and 204 (B) Whether the proposed development is so necessary to the public health, 205 safety, and general welfare of the community or County as a whole as to 206 justify it regardless of its impact on the value of adjoining property. 207 (4) The location and character of the use if developed according to the plan as 208 submitted and approved will be in harmony with the area in which it is to be 209 located and in general conformity with the plan of development for New Hanover 210 County. 211 (A) The relationship of the proposed use and the character of development 212 to surrounding uses and development, including possible conflicts 213 between them and how these conflicts will be resolved; and 214 (B) Consistency with the Plan’s goals, objectives for the various planning 215 areas, its definitions of the various land use classifications and activity 216 centers, and its locational standards. 217 218 Section 71: Validity, Extensions, and Changes for Approved Special Use Permits; Resubmittals of Denied 219 Applications 220 221 71-1 Validity and Extensions of Approved Special Use Permits: 222 223 (1) A special use permit, issued by the Board of County Commissioners, shall become 224 null and void if construction or occupancy of the proposed use as specified on the 225 special use permit is not commenced within twenty-four (24) months of the date 226 of issuance. If an extension is desired, a request must be submitted in writing to 227 the New Hanover County Planning and Inspections Department prior to the 228 expiration. Extensions may be granted in accordance with Section 112-6 of the 229 Ordinance. 230 (2) In the event of failure to comply with the plans approved by the Board of County 231 Commissioners or with any other conditions imposed upon the special use 232 - 1 - 8ITEM: 1 Planning Board - September 8, 2016 A-425, (09/16) Page 9 of 25 permit, the permit shall thereupon immediately become void and of no effect. 233 No building permits for further construction or certificates of occupancy under 234 this special use permit shall be issued, and all completed structures shall be 235 regarded as non-conforming uses subject to the provisions of Article IV of this 236 Ordinance provided, however, that the Board of County Commissioners shall not 237 be prevented from thereafter rezoning said property for its most appropriate use. 238 239 240 71-2 Changes to Approved Special Use Permits: 241 242 (1) The original applicant(s), their successors or their assignee may make minor 243 changes in the location and/or size of structures provided the necessity for these 244 changes is clearly demonstrated. Minor changes shall be reviewed by the 245 Planning and Inspections Department and upon favorable recommendation by 246 the Planning and Inspections Director may be approved by the Zoning 247 Administrator. Such approval shall not be granted should the proposed revisions 248 cause or contribute to: 249 (A) A change in the character of the development. 250 (B) A change of design for, or an increase in the hazards to pedestrian and 251 vehicle traffic circulation, or 252 (C) A modification in the originally approved setbacks from roads and/or 253 property lines exceeding ten percent. 254 255 71-3 Resubmittals: 256 257 (1) An application for a special use which has been previously denied may be 258 resubmitted only if there has been a change in circumstances as determined by 259 the Planning and Inspections Director or the director's designee. Evidence 260 presented in support of the new application shall initially be limited to what is 261 necessary to enable the Planning and Inspections Director to determine whether 262 there has been a substantial change in the facts, evidence, or conditions of the 263 case and shall include: 264 (A) Circumstances affecting the property that is the subject of the application 265 which have substantially changed since the denial; or 266 (B) New information available since the denial that could not with 267 reasonable diligence have been presented at a previous hearing. 268 If the Planning and Inspections Director deems the evidence substantially 269 changed, the proposal may be resubmitted as a new application. Appeal of the 270 Planning and Inspections Director’s decision may be made to the Board of County 271 Commissioners. 272 273 - 1 - 9ITEM: 1 Planning Board - September 8, 2016 A-425, (09/16) Page 10 of 25 SUMMARY OF CHANGES PROPOSED TO THE DEFINITIONS AND THE TABLE OF PERMITTED USES: Below represents changes proposed to the definitions in Section 23 and the table of permitted uses found in Section 50 of the Zoning Ordinance. Underlined text is text to be added. Strikethrough text is existing text to be deleted. Red strikethrough text is existing text to be deleted. Red text represents proposed new text. Orange text represents a renamed or a use relocated within the table, and purple text represents an industry targeted by the Garner study. Section 23: Definitions 274 275 Manufacturing 276 277 Artisan Manufacturing- On-site production of goods by hand manufacturing involving the 278 use of hand tools and small-scale light mechanical equipment. Typical uses include 279 woodworking and cabinet shops, ceramic studios, jewelry manufacturing and similar 280 types of arts and crafts or very small-scale manufacturing uses that have very limited, if 281 any, negative external impacts on surrounding properties, water resources, air quality 282 and/or public health. 283 284 Limited Manufacturing- Manufacturing of finished parts or products, primarily from 285 previously prepared materials. Typical uses include: printing and related support 286 activities; machinery manufacturing; food manufacturing; computer and electronic 287 product manufacturing; electrical equipment, appliance, component 288 manufacturing/assembly; furniture and related product manufacturing/assembly; and 289 other manufacturing and production establishments that typically have very limited, if 290 any, negative external impacts on surrounding properties, water resources, air quality 291 and/or public health. 292 293 General Manufacturing-Manufacturing, bulk storage, and/or handling of finished or 294 unfinished products primarily from extracted, raw, recycled, or secondary materials. 295 Typical uses include textile mills; textile product mills; apparel manufacturing; leather 296 and allied product manufacturing; wood product manufacturing; plastics and rubber 297 products manufacturing; nonmetallic mineral product manufacturing; transportation 298 equipment manufacturing; primary metal manufacturing; and fabricated metal product 299 manufacturing. 300 301 Key: Red Text – Language suggested for addition by LSL Planning Red and Strikethrough Text – Language suggested for removal by LSL Planning Orange Text – New description or location within table of a use suggested by LSL Planning Orange and Strikethrough Text – Old description or location within table of use suggested for removal by LSL Planning Purple Text – New proposed use and use identified as optimal for New Hanover County by the Pathways to Prosperity report by Garner Economics, LLC - 1 - 10ITEM: 1 Planning Board - September 8, 2016 A-425, (09/16) Page 11 of 25 Industrial service firms engaged in the repair or servicing of industrial or commercial 302 machinery, equipment, products, or by-products. Typical uses include: welding shops; 303 machine shops; industrial tool repair; fuel oil distributors; solid fuel yards; and carpet 304 cleaning plants. General manufacturing facilities include those operations that do not 305 have significant negative external impacts on surrounding properties, water resources, 306 air quality and/or public health. 307 308 Intensive Manufacturing- Manufacturing and processing of products and chemicals 309 including but not limited to: acetylene, lime, gypsum or plaster-of-Paris, stone, clay, 310 glass, cement, concrete, chlorine, corrosive acid or fertilizer, insecticides, disinfectants, 311 poisons, explosives, paint, lacquer, varnish, petroleum products, coal, plastic and 312 synthetic resins, and radioactive materials. This group also includes smelting, animal 313 slaughtering, paper manufacturing, oil refining, fuel bulk storage facilities, and electricity 314 generating facilities, as well as any manufacturing or processing facility which has a high 315 potential for significant negative external impacts on surrounding properties, water 316 resources, air quality and/or public health. 317 318 319 Section 50: Establishment of Use District 320 Table of Permitted Uses 321 PD R 20S R 20 R 15 R 10 R 7 B 1 B 2 I 1 I 2 O & I A R A I S C R A R F M U Supp Regs NAICS Agriculture, Forestry, Fishing Agricultural Uses P P P P P P P P P P P P P P Kennels P S S S P P P S P S Veterinaries P P P P S P P Wholesale Nurseries & Greenhouses (12/13/82) P P P P P P P P P P P P P P Mining Mining & Quarrying (Low Intensity) S S 72-42 21 Mining & Quarrying (High Intensity) S 72-42 21 Construction General Building Contractor P P P P P - 1 - 11ITEM: 1 Planning Board - September 8, 2016 A-425, (09/16) Page 12 of 25 PD R 20S R 20 R 15 R 10 R 7 B 1 B 2 I 1 I 2 O & I A R A I S C R A R F M U Supp Regs NAICS General Contractors Other Than Building P P P P Landscaping Contractors (12/13/82) P P P P P Special Trade Contractors P P P P P Special Trade & General Contractors with no Outside Storage (12/5/88) P P P P Manufacturing Industrial Artisan Manufacturing P P P P P P S Limited Manufacturing P S P P P General Manufacturing S P S Intensive Manufacturing S Solar Power Farms P P S Food Processing and Manufacturing Animal food manufacturing P 3111 Animal slaughtering and processing S 3116 Bakeries and tortilla mfg P P 3118 Beverage mfg P 3121 Dairy product mfg P 3115 Fruit and vegetable preserving and specialty food mfg P 3114 Grain and oilseed milling P 3112 Seafood product preparation and packaging S 3117 Sugar and confectionery product mfg P 3113 Other food mfg1 P / S P / S 3119 Machinery Manufacturing and Services Agriculture, construction, and mining machinery mfg P 3331 Cutlery and handtool mfg P P 3322 1 During the UDO update process, LSL Planning will develop zoning ordinance criteria that staff can use to make a determination as to whether an unlisted use is similar to a listed use in the TOMU. The criteria will take into account such factors as use type, density, impacts on surrounding uses and intensity. - 1 - 12ITEM: 1 Planning Board - September 8, 2016 A-425, (09/16) Page 13 of 25 PD R 20S R 20 R 15 R 10 R 7 B 1 B 2 I 1 I 2 O & I A R A I S C R A R F M U Supp Regs NAICS Engine, turbine, and power transmission equipment mfg P 3336 Hardware mfg P P 3325 Industrial machinery mfg P 3332 Metalworking machinery mfg P 3335 Machine shops; turned product; and screw, nut, and bolt mfg P P 3327 Other general purpose machinery mfg1 P / S P / S 3339 Spring and wire product mfg P P 3326 Ventilation, heating, air- conditioning, and commercial refrigeration equipment mfg P P 3334 Computer and Communications Manufacturing Audio and video equipment mfg P P 3343 Computer and peripheral equipment mfg P P 3341 Communications equipment mfg P P 3342 Electronics Manufacturing Electrical equipment mfg P P 3353 Electric lighting equipment mfg P P 3351 Household appliance mfg P P 3352 Manufacturing and reproducing magnetic and optical media P P 3346 Navigational, measuring, electromedical, and control instruments mfg P P 3345 Other electrical equipment and component mfg1 P / S P / S 3359 Semiconductor and other electronic component mfg P P 3344 Household and Office mfg - 1 - 13ITEM: 1 Planning Board - September 8, 2016 A-425, (09/16) Page 14 of 25 PD R 20S R 20 R 15 R 10 R 7 B 1 B 2 I 1 I 2 O & I A R A I S C R A R F M U Supp Regs NAICS Household and institutional furniture and kitchen cabinet mfg P P 3371 Office furniture (including fixtures) mfg P P 3372 Other furniture related product mfg1 P P 3379 Textiles and Apparel Manufacturing Apparel accessories and other apparel mfg P P 3159 Apparel knitting mills P P 3151 Cut and sew apparel mfg P P 3151 Fabric mills P P 3132 Fiber, yarn, and thread mills P P 3131 Footwear mfg P P 3162 Leather and hide tanning and finishing S 3161 Other leather and allied product mfg1 P 3169 Other textile product mills1 S P 3149 Textile and fabric finishing and fabric coating mills S P 3133 Textile furnishings mills P P 3141 Wood and Paper Manufacturing Converted paper product mfg P P 3222 Other wood product mfg1 P / S P / S 3219 Pulp, paper, and paperboard mills S 3221 Sawmills and wood preservation P 3211 Veneer, plywood, and engineered wood product mfg P P 3212 Aluminum and Steel, Metals Production and Manufacturing Alumina and aluminum production and processing S 3313 Architectural and structural metals mfg S 3323 - 1 - 14ITEM: 1 Planning Board - September 8, 2016 A-425, (09/16) Page 15 of 25 PD R 20S R 20 R 15 R 10 R 7 B 1 B 2 I 1 I 2 O & I A R A I S C R A R F M U Supp Regs NAICS Boiler, tank, and shipping container mfg S 3324 Coating, engraving, heat treating, and allied activities S 3328 Forging and stamping S 3321 Foundries S 3315 Iron and steel mills and ferroalloy mfg S 3311 Nonferrous metal (except aluminum) production and processing S 3314 Other fabricated metal product mfg1 P / S 3329 Steel product mfg from purchased steel S 3312 Transportation Manufacturing Aircraft assembly, modification & maintenance2 P P Aerospace product and parts mfg P S 3364 Motor vehicle mfg P 3361 Motor vehicle body and trailer mfg P 3362 Motor vehicle parts mfg P 3363 Other transportation equipment1 P / S 3369 Railroad rolling stock mfg P 3365 Ship and boat building P 3366 Medical and Pharmaceutical Manufacturing Medical equipment and supplies mfg2 P 3391 Pharmaceutical and medicine mfg2 P 3254 Chemical, Rubber, Plastic, Glass Manufacturing Basic chemical mfg S 3251 2 Garner “Optimal Target” industry - 1 - 15ITEM: 1 Planning Board - September 8, 2016 A-425, (09/16) Page 16 of 25 PD R 20S R 20 R 15 R 10 R 7 B 1 B 2 I 1 I 2 O & I A R A I S C R A R F M U Supp Regs NAICS Clay product and refractory P 3271 Explosives mfg S 325920 Fertilizer (mixing only) mfg S 325314 Glass and glass product mfg P 3272 Other chemical product and preparation mfg1 S 3259 Paint, coating, and adhesive mfg S 3255 Pesticide, fertilizer, and other agricultural chemical mfg S 3253 Plastics product mfg S 3261 Rubber product mfg S 3262 Resin, synthetic rubber, and artificial synthetic fibers and filaments mfg S 3252 Soap, cleaning compound, and toilet preparation mfg S 3256 Asphalt, Cement, and Concrete Manufacturing Abrasive product mfg P 327910 Asphalt paving mixture and block mfg S 324121 Asphalt shingle and coating materials mfg S 324122 Cement and concrete product mfg S 3273 Concrete pipe, brick, & block mfg P 327331 327332 Lime and gypsum product mfg (no mining) P 3274 Lime and gypsum product mfg (with mining) S 3274 Other concrete product mfg1 S 327390 Other nonmetallic mineral product mfg1 S 3279 Petroleum and coal products mfg S 3241 Ready-mix concrete mfg (with mining) S 327320 Ready-mix concrete mfg (no mining) S 327320 Energy, Fuel, and Natural Resources Fuel bulk storage facilities S - 1 - 16ITEM: 1 Planning Board - September 8, 2016 A-425, (09/16) Page 17 of 25 PD R 20S R 20 R 15 R 10 R 7 B 1 B 2 I 1 I 2 O & I A R A I S C R A R F M U Supp Regs NAICS Electricity generating facilities S Pipeline transmission of natural gas S Other Manufacturing Other miscellaneous mfg1 P / S P / S 3399 Tobacco mfg S 3122 Offices, Financial, Research and Technical Facilities Blueprinting and photocopying establishments3 P P P Consulting services2 P P P Call centers2 P P P Financial institutions4 P P P P Offices, general and professional5 P P P P Medical and dental laboratories2 P P P Printing and publishing facilities P P P Research & development (R&D) laboratories2 P P P Radio, television and recording studios P S Server farms P P Short-term lending or pay-day check cashing S P P Transportation and Warehousing Airports P Bus and taxi services and terminals S S P Cartage, express and parcel delivery facilities P P P Commercial marinas P P P w/ floating structures S S S Dry stack storage of boats P P P 3 Known as Business Services Including Printing in existing TOPU 4 Known as Banks, Credit Agencies, Savings & Loans in existing TOPU 5 Known as Offices for Private Business & Professional Activities in existing TOPU - 1 - 17ITEM: 1 Planning Board - September 8, 2016 A-425, (09/16) Page 18 of 25 PD R 20S R 20 R 15 R 10 R 7 B 1 B 2 I 1 I 2 O & I A R A I S C R A R F M U Supp Regs NAICS accessory to a marina P P P Freight and intermodal terminals S Livestock sales and auctions P Mini-warehouses and self-storage facilities P P P Warehousing and distribution centers P P P Water transportation facilities P P P Wholesaling (with outside storage) P P no outside storage P P P with water frontage P P P Waste Processing and Disposal Demolition-landscaping landfill S 63.3-3 562219 Junk yards, scrap processing (See Section 63.3-2) S 63.3-2 423930 432140 432130 Processing, storage, transfer, disposal or incineration of solid waste, hazardous waste or medical waste S Recycling facilities 63.3-4 562920 small collection P P P P 63.3-4 562920 large collection S S P S 63.3-4 562920 processing only S P S 63.3-4 562920 Sanitary landfill S 72-13 562212 Septage, sludge disposal S 72-33 221320 Transportation, Communication, Utilities Air Transportation P P P P Bus & Taxi Terminals (2/14/83) P P P P Commercial Marina with Floating Structures (4/2/84) S S S S S S S S S Commercial Marina (2/14/84) P S S S S S S P P P S Dry Stack Storage of Boats: (1/7/08) As a stand-alone warehouse P P P As accessory to a marina P S S S S P P P P - 1 - 18ITEM: 1 Planning Board - September 8, 2016 A-425, (09/16) Page 19 of 25 PD R 20S R 20 R 15 R 10 R 7 B 1 B 2 I 1 I 2 O & I A R A I S C R A R F M U Supp Regs NAICS 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 Junk Yards, Scrap Processing (See Section 63.3-2) P 63.3-2 423930; 423140; 423130 Mini-Warehouses P P P P P Motor Freight Transportation Warehousing P P P P Post Offices P P P P P P Railroad Transportation P Recreational Vehicle and Boat Trailer Storage Lots (2/3/14) P P P P P P P 63.10 Telephone & Telegraph Facilities P P P P P P P P P P P P P P P TV & Radio Broadcasting P P P P S Warehousing P P P P P Water Transportation Facilities P P P P Other Communication Facilities Including Towers (2/5/96) S S S S S S S S P P S S S S S Antenna & Towers Less Than 70 Ft. In Height & Ancillary to the Principal Use (2/5/96) P P P P P P P P P P P P P P P Cellular & PCS Antennas (See Section 63.5-1 (H) P P P P P P P P P P P P P P P Amateur Radio Antennas (up to 90 ft.) (10/07) P P P P P P P P P P P P P P Wholesale Trade Livestock Sales P Wholesaling P P P P Wholesaling With No Outside Storage (11/2/81) P P P Wholesaling Seafood With Water Frontage P P P P P Retail Trade Automobile Service Station P P P P P P P Automobile Dealers & Truck Sales P P P P P Boat Dealers P P P P P Building Material & Garden Supplies P P P P P - 1 - 19ITEM: 1 Planning Board - September 8, 2016 A-425, (09/16) Page 20 of 25 PD R 20S R 20 R 15 R 10 R 7 B 1 B 2 I 1 I 2 O & I A R A I S C R A R F M U Supp Regs NAICS Convenience Food Store (7/5/85) P S S S P P P P S S P S Drug Store P P P P Neighborhood Drug Store P Eating and Drinking Places P P P P P P P Entertainment Establishments, Bars, Cabarets, Discos P S P P P Entertainment Establishments, Bars, Cabarets, in a Shopping Center P P P P P Farm Implement Sales P P P P P Food Stores P P P P P Fruit & Vegetable Stand Produced on Same Parcel as Offered for Sale P P P P P P P P Furniture, Home Furnishing & Equipment P P P P P P General Merchandise Stores P P P P P Handcrafting Small Articles P P P P P Hardware P P P P P Landscaping Service P P P P Miscellaneous Retail P P P P P Mobile Home Dealers & Prefabricated Buildings (5/6/85) P P P P Retail Nurseries (12/13/82) P P P P S P Historic Restaurant P S P P P P Financing, Insurance, Real Estate Banks, Credit Agencies, Savings & Loans P P P P P P Services Adult Entertainment Establishments S Automobile / Boat Repair Sales P P P P P Automobile Rentals P P P Barber / Beauty Shop (10/90, 7/10/06) P P P P P P P Bed and Breakfast Inn (6/5/06) S S S S S Business Services Including Printing P P P P P P Camping, Travel Trailer Parks (2/14/83) P S S S S S P S - 1 - 20ITEM: 1 Planning Board - September 8, 2016 A-425, (09/16) Page 21 of 25 PD R 20S R 20 R 15 R 10 R 7 B 1 B 2 I 1 I 2 O & I A R A I S C R A R F M U Supp Regs NAICS Drive-In Theater P P Dry Cleaning / Laundry Plant P P P P P P Electrical Repair Shop P P P P Equipment Rental & Leasing P P P P P Funeral Home P P P P Golf Courses P P P P P P P P Hotels & Motels (12/13/82) P P P P Indoor Recreation Establishments P S S S S S P P P P S S P P S Outdoor Recreation Establishments P S S S S S P P P P S S S P S Indoor Theater (2/14/83) P P P P Outdoor Shooting Ranges (2/7/83) S S Parks & Recreation Area (4/2/07) P P P P P P P P P P P P P P P Personal Services P P P P P Resort Hotel / Motel (1/4/83) P P P P Stables (3/2/81) P P P P P P P P P Septic Tank Vacuum Service P P P P 562991 Watch, Clock, Jewelry Repair P P P P P Health Adult Day Care P S S S S S P S Child Care Center (10/7/13) P S S S S S P P S S P P S S Community Center P S S S S S P S Family Child Care Home (10/7/13) P P P P P P S S P S 72-20 Group Home (12/14/15) P P P P P P P P 63.11 Hospitals P S S S S S P P S Nursing Home/Rehabilitation Center (11/10/08) P S S S S S P P S Residential Care (9/8/81) P P P P P S P P P Educational Services Colleges, Universities, Professional Schools & Technical Institutions P S S S S S P P S 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 P Membership Organizations - 1 - 21ITEM: 1 Planning Board - September 8, 2016 A-425, (09/16) Page 22 of 25 PD R 20S R 20 R 15 R 10 R 7 B 1 B 2 I 1 I 2 O & I A R A I S C R A R F M U Supp Regs NAICS Churches P P P P P S P P P P P P P P P Labor Organizations P P P P Lodges, Fraternal & Social Organizations (5/2/83) P S S S S S P P P S S Fraternities / Sororities, Residential P P P Other Accessory Buildings or Uses, clearly incidental to the Permitted Use or Building (see Section 63.2) P P P P P P P P P P P P P P P Cemeteries S S S S S S S S Christmas Tree Sales (7/6/92) P P P P P P P P Circuses, Carnivals, Fairs & Side Shows of No More than 30 Days Duration Per Year P P P P P P 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 Demolition-Landscape Landfill P P P P P P P P P P P P P P 63.3-3 562219 Duplexes P S P S P Dwelling Unit Contained within Principal Use(4/85) P S S S S S Electronic Gaming Operations (5/3/10) (see section 63.10) S S Evangelistic and Religious Assemblies not Conducted at a Church (7/6/92) P P P P P P P P P P P P P P P 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 within Urban or Transition Area (2/16/87, 10/11/95) P S S S S Home Occupation P P P P P P P P 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 Units Beyond Urban Transition area) (2/16/87, 10/11/95) P S S S S Mobile Home Subdivision (6/1/92) S S S S S S Offices for Private Business & Professional Activities P P P P P P P P - 1 - 22ITEM: 1 Planning Board - September 8, 2016 A-425, (09/16) Page 23 of 25 PD R 20S R 20 R 15 R 10 R 7 B 1 B 2 I 1 I 2 O & I A R A I S C R A R F M U Supp Regs NAICS Outdoor Advertising P P P Pumpkin Sales (7/6/92) P P P P P P P P Principal Use Sign P P P P P P P P Research Facilities P P P P P Residential Private Pier P P P P P P P Sanitary Landfill S 72-13 562212 Septage, Sludge Disposal (7/6/83, 8/1/83) S 72-33 221320 Senior Living: Active adult retirement community or Independent Living (11/10/08) S S S S Senior Living: Assisted Living or Personal Care Facility (11/10/08) S S S S S S Senior Living: Continuing Care Retirement Community or Life Care Community (11/10/08) P S S S S S 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 (7/6/92) P P P P P P P P P P P P P P 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 S P P P P S S P P 63.3-4 562920 Large Collection P S S S S S P P P S S P S 63.3-4 562920 Processing P P S 63.3-4 562920 Large Collection with Processing S S S S 63.3-4 562920 Uses of the same nature or class as uses in this district but not listed elsewhere in this ordinance, in accordance with the criteria specified in Section 50.5-2 S / P S / P S / P S / P S / P S / P S / P S / P S / P S / P S / P S / P S / P S / P S / P S / P 50.2-1: Tabulation of Permitted Uses 322 Within the various zoning districts as indicated on the official zoning map, New Hanover County, North 323 Carolina, and subject to all requirements and conditions specified in this ordinance; land, buildings, and 324 structures may only be used and buildings and structures may only be erected which are intended or 325 designed to be used for uses listed in the table of permitted uses. In the appropriate columns of the 326 following table, permitted uses in the various districts are indicated by a "P" while uses permitted only 327 as a special use subject to the provisions of Section 72 are indicated by an "S". (1/5/81) 328 - 1 - 23ITEM: 1 Planning Board - September 8, 2016 A-425, (09/16) Page 24 of 25 329 50.2-2: Similar Uses. Every type of potential use cannot be addressed in this ordinance, each 330 district provides for "similar uses" referencing this section. All requests for a use not specifically 331 addressed in any zoning district shall be submitted to the planning director for review, based on 332 the following standards. 333 1. A finding has been made by the planning director that the proposed use is not listed as a 334 permitted or conditional use in any zoning district. 335 2. If the use is not addressed in this ordinance, the planning director shall select the use 336 listed which most closely approximates the proposed use, using criteria such as the 337 nature of the use, conformance with the purpose of the zoning district in which it is 338 proposed, aesthetics, traffic characteristics, and potential nuisance effects (noise, 339 vibration, dust, smoke, odor, glare, hours of operation). 340 3. Once a similar use is determined, the proposed use shall comply with any conditions 341 and review procedures that may apply to that use, including the conditional use 342 requirements of Section 55, as applicable. 343 4. If the planning director determines a proposed use is not similar to any use addressed in 344 the ordinance, the applicant may petition for an amendment to the ordinance, as 345 described in Article XI. 346 5. The determination as to whether a proposed use is similar in nature and class to 347 another permitted or conditional use within a district shall be considered as an 348 expansion of the use regulations, not a variance applying to a particular situation. 349 Any use determined by the planning director to be similar shall thereafter be included in the 350 enumeration of the uses. 351 352 Note 8: The footnote #1 on page 11 from LSL Planning states that criteria used for making a determination for unlisted or similar uses will be developed during the UDO process; however, LSL has provided the above criteria for inclusion at this time as a new section, Section 50.2 -2. - 1 - 24ITEM: 1 Planning Board - September 8, 2016 A-425, (09/16) Page 25 of 25 REVIEW AND ACTION: This request has been processed and reviewed per Section 110 – Amending the Ordinance. Notices of the petition request have been disseminated per the requirements of the Zoning Ordinance. Action Needed  Motion to recommend approval of the staff recommended version of the proposal or an amended version of the proposal  Motion to “table” the item in order to receive more information  Motion to recommend denial of the amendment request based on specific reasons Example Motion for Approval: Motion to recommend approval, as the Planning Board finds that this request for a zoning ordinance amendment is: 1. Consistent with the purposes and intent of the 2016 Comprehensive Land Use Plan because [Describe elements of controlling land use plans and how the amendment is consistent]. 2. Reasonable and in the public interest because [Briefly explain why. Factors may include public health and safety, character of the area and relationship of uses, applicable plans, or balancing benefits and detriments.]. Example Motion for Denial: Motion to recommend denial, as the Planning Board finds that this request for a zoning ordinance amendment is: 1. Not Consistent with the purposes and intent of the 2016 Comprehensive Land Use Plan because [Describe elements of controlling land use plans and how the amendment is not consistent]. 2. Not reasonable or in the public interest because [Briefly explain why not. Factors may include public health and safety, character of the area and relationship of uses, applicable plans, or balancing benefits and detriments.]. - 1 - 25ITEM: 1 Planning Board - September 8, 2016 COMMUNITY COMMENTS - 2 - 1ITEM: 1 Planning Board - September 8, 2016 This page intentionally left blank. - 2 - 2ITEM: 1 Planning Board - September 8, 2016 - 3 - 1 IT E M : 1 Pl a n n i n g B o a r d - S e p t e m b e r 8 , 2 0 1 6 - 3 - 2 IT E M : 1 Pl a n n i n g B o a r d - S e p t e m b e r 8 , 2 0 1 6 - 3 - 3 IT E M : 1 Pl a n n i n g B o a r d - S e p t e m b e r 8 , 2 0 1 6 - 3 - 4 IT E M : 1 Pl a n n i n g B o a r d - S e p t e m b e r 8 , 2 0 1 6 - 3 - 5 IT E M : 1 Pl a n n i n g B o a r d - S e p t e m b e r 8 , 2 0 1 6 - 3 - 6 IT E M : 1 Pl a n n i n g B o a r d - S e p t e m b e r 8 , 2 0 1 6 - 3 - 7 IT E M : 1 Pl a n n i n g B o a r d - S e p t e m b e r 8 , 2 0 1 6 - 3 - 8 IT E M : 1 Pl a n n i n g B o a r d - S e p t e m b e r 8 , 2 0 1 6 - 3 - 9 IT E M : 1 Pl a n n i n g B o a r d - S e p t e m b e r 8 , 2 0 1 6 - 3 - 1 0 IT E M : 1 Pl a n n i n g B o a r d - S e p t e m b e r 8 , 2 0 1 6 - 3 - 1 1 IT E M : 1 Pl a n n i n g B o a r d - S e p t e m b e r 8 , 2 0 1 6 - 3 - 1 2 IT E M : 1 Pl a n n i n g B o a r d - S e p t e m b e r 8 , 2 0 1 6 - 3 - 1 3 IT E M : 1 Pl a n n i n g B o a r d - S e p t e m b e r 8 , 2 0 1 6 - 3 - 1 4 IT E M : 1 Pl a n n i n g B o a r d - S e p t e m b e r 8 , 2 0 1 6 - 3 - 1 5 IT E M : 1 Pl a n n i n g B o a r d - S e p t e m b e r 8 , 2 0 1 6 Tyler Newman, President and CEO of Business Alliance for a Sound Economy (BASE), has formally requested that the 2014 SUP revisions that were considered by the Board of Commissioners be included in the packet for your information. - 4 - 1ITEM: 1 Planning Board - September 8, 2016 A-416 – Summary of Changes Page 1 A-416 Text Amendment – Summary of Text Amendment Introduction: In October 2011 the Board of Commissioners amended the Table of Permitted uses by adding a special use permit requirement for all intensive manufacturing use. The change also grouped manufacturing industries into four categories based on the intensity of the operation. The 2011 provisions included language allowing existing manufacturing industries to continue their existing operations, expand existing operations or modify (in some cases) their existing operation while remaining a conforming use and not requiring a special use permit. Since 2011 the permitting requirements for manufacturing uses have come under some scrutiny due to a perception that they are not clearly written and are a deterrent to economic development. With considerable input from outside agencies and individuals the text amendment proposed has been created to include the following changes: 1. Section 13: Calculation of Time • Added a description of how days will be calculated for submission deadlines. 2. Section 23: Definitions: • Removed definitions for Limited, General, and Intensive Manufacturing. These definitions grouped industries into categories that were then listed on the Table of Permitted Uses. The amendment takes the industries out of the categories and lists each one individually in the Table of Permitted Uses. • Retained Artisan Manufacturing definition in order to retain flexibility for interpreting small- scale uses that utilize hand manufacturing so that they can be evaluated and permitted by right in 6 zoning districts and by special use in the Rural Agriculture zoning district. 3. Table of Permitted Uses: • Add 86 new uses that correspond with all of the 4-digit NAICS (North American Industrial Classification System) industry categories within the manufacturing business sectors (NAICS 31, 32, and 33) to the Manufacturing Category of the Table of Permitted Uses (each of the 86 uses added to the table was evaluated to determine how it would be permitted under the current definitions within the Ordinance, and then the table was populated to specify if and how each of the uses would be permitted in each zoning district). Added Limited, General and Intensive Manufacturing category headings for the industrial uses in order to allow for existing industrial uses to change uses within the same categories without having to receive a Special Use Permit (SUP) if a SUP is required for the new use. To remain consistent with the previous version of the ordinance, this flexibility does not apply to uses classified as Intensive Manufacturing. • Moved Solar Farms to the Transportation, Communication and Utilities Category and add Fuel Bulk Storage Facilities and Electricity Generating Facilities to this category (both of which are currently found in Section 23: Definitions, of the Ordinance). - 4 - 2ITEM: 1 Planning Board - September 8, 2016 A-416 – Summary of Changes Page 2 4. Section 44: Extension or Enlargement of Non-Conforming Situations: • Replaced text with actual date that ordinance was adopted to clarify how industries or businesses that were in active operation under the current use as of October 2, 2011, would be considered. 5. Section 53.3-4.1 Review of External Effects: • Delete review of external effects from I-2 section and include description of framework staff may utilize to request information considered useful for their review of proposals in Section 71: Special Use Permits Issued by the Board of County Commissioners. 6. Section 71: Special Use Permits Issued by the Board of County Commissioners • Encourage a pre-application conference with staff. • Require a pre-application community meeting to be hosted by the applicant. • Extend the ability to apply for an SUP from owner or owners of the subject property or their duly authorized agent to also include parties with an option to purchase or lease the property that is contingent on approval of the SUP. • Extend the application deadline from 20 business days to 55 calendar days. • Establish a 10 day period to review applications for completeness. • Added text that grants the applicant the right to be heard at the next scheduled Planning Board meeting if a complete application is confirmed. The applicant could still request a continuance if additional time is desired. • Establish a procedure and timeframe for information requests coming from staff. • Describe application requirements • Explain applicants burden to present evidence • Correct Traffic Impact Analysis (TIA) reference so that it is consistent with policy. - 4 - 3ITEM: 1 Planning Board - September 8, 2016 A-416 – Planning Board Recommendation Page 1 A-416 Text Amendment – Planning Board Recommendation 1 Applicant: Staff 2 Request by Staff to add Section 13: Calculation of Time and to amend Section 44: Extension or 3 Enlargement of Non-Conforming Situations, Section 50: Table of Permitted Uses, Section 53.2: 4 I-1 Light Industrial, Section 53.3, I-2 Heavy Industrial, and Section 71: Special Use Permits 5 Issued by the Board of County Commissioners to address regulations regarding industrial uses 6 and Special Use Permit regulations. Additions are in red and deletions are in red with strike -7 throughs. 8 Article I: IN GENERAL 9 10 Section 13: Calculation of Time 11 In computing any period of time prescribed by this section, the day the act, event, or 12 submittal after which the designated period of time begins to run is not to be 13 included. The last day of the period so computed is to be included, unless that date 14 should fall on a Saturday, Sunday, or a legal holiday, in which case the due date shall 15 be the next business day following such Saturday, Sunday or legal holiday. The term 16 “legal holiday” shall mean any federal, state or local government holiday for which 17 financial institutions or post offices are generally closed in the State of North Carolina. 18 The term “business day” means any day other than a Saturday, Sunday or legal 19 holiday. 20 21 Section 23: Definitions 22 M 23 24 Manufacturing 25 26 Artisan Manufacturing- On-site production of goods by hand manufacturing 27 involving the use of hand tools and small-scale light mechanical equipment. 28 Typical uses include woodworking and cabinet shops, ceramic studios, jewelry 29 manufacturing and similar types of arts and crafts or very small-scale 30 manufacturing uses that have very limited, if any, negative external impacts on 31 surrounding properties, water resources, air quality and/or public health. 32 33 Limited Manufacturing- Manufacturing of finished parts or products, primarily 34 from previously prepared materials. Typical uses include: printing and related 35 support activities; machinery manufacturing; food manufacturing; computer 36 and electronic product manufacturing; electrical equipment, appliance, 37 component manufacturing/assembly; furniture and related product 38 manufacturing/assembly; and other manufacturing and production 39 - 4 - 4ITEM: 1 Planning Board - September 8, 2016 A-416 – Planning Board Recommendation Page 2 establishments that typically have very limited, if any, negative external impacts 40 on surrounding properties, water resources, air quality and/or public health. 41 42 General Manufacturing-Manufacturing, bulk storage, and/or handling of 43 finished or unfinished products primarily from extracted, raw, recycled, or 44 secondary materials. Typical uses include textile mills; textile product mills; 45 apparel manufacturing; leather and allied product manufacturing; wood product 46 manufacturing; plastics and rubber products manufacturing; nonmetallic 47 mineral product manufacturing; transportation equipment manufacturing; 48 primary metal manufacturing; and fabricated metal product manufacturing. 49 50 Industrial service firms engaged in the repair or servicing of industrial or 51 commercial machinery, equipment, products, or by-products. Typical uses 52 include: welding shops; machine shops; industrial tool repair; fuel oil 53 distributors; solid fuel yards; and carpet cleaning plants. General manufacturing 54 facilities include those operations that do not have significant negative external 55 impacts on surrounding properties, water resources, air quality and/or public 56 health. 57 58 Intensive Manufacturing- Manufacturing and processing of products and 59 chemicals including but not limited to: acetylene, lime, gypsum or plaster-of-60 Paris, stone, clay, glass, cement, concrete, chlorine, corrosive acid or fertilizer, 61 insecticides, disinfectants, poisons, explosives, paint, lacquer, varnish, 62 petroleum products, coal, plastic and synthetic resins, and radioactive materials. 63 This group also includes smelting, animal slaughtering, paper manufacturing, oil 64 refining, fuel bulk storage facilities, and electricity generating facilities, as well 65 as any manufacturing or processing facility which has a high potential for 66 significant negative external impacts on surrounding properties, water 67 resources, air quality and/or public health. 68 69 Section 44: Extension or Enlargement of Non-Conforming Situations 70 71 44-1: Except as specifically provided in this section, it shall be unlawful for any person to 72 engage in any activity that causes an increase in the extent of non-conformity of a non-73 conforming situation. 74 75 44-1.1: The standards outlined in Sections 53.2 and 53.3 of this ordinance and any requirement 76 for a special use permit shall apply to all new proposals in I-1 and I-2 districts as shown on the 77 Table of Permitted Uses. Any existing industrial uses which did not require a special use permit 78 as of October 2, 2011 the day prior to the date of adoption of this section would be considered a 79 conforming use and shall not require a special use permit in order to continue operations. The 80 term “existing industrial uses” shall mean an industry or other businessindustries in active 81 operation and open for business on a tax parcel zoned I-1 or I-2 and developed for that 82 particular use as of the day prior to the date of adoption of this sectionOctober 2, 2011 . 83 84 44-1.1.1: Modifications and/or Expansions of Existing Industrial Uses: For a modifications 85 and/or expansions of an existing industrial uses which was in conformity with the requirements 86 - 4 - 5ITEM: 1 Planning Board - September 8, 2016 A-416 – Planning Board Recommendation Page 3 of this ordinance as of October 2, 2011, and where the modification and/or expansion would 87 change the particular use as indicated on the Table of Permitted Uses, a special use permit will 88 be required for the modification and/or expansion if the new use is indicated by an “S” on the 89 Table of Permitted Uses, provided, however, that if one or both of the two exceptions set out in 90 subsections A and B below apply, then a special use permit shall not be required with respect to 91 such modification and/or expansion: 92 93 A. Exception for Modifications and/or Expansions on the Same Parcel: Modifications 94 and/or expansions of existing industrial uses shall be allowed without a special use 95 permit if the use is fully contained on the tax parcel currently developed for and 96 operating as such use and provided one of the following criteria applies: 97 1. If the expansion and/or modification is for the same existing industrial 98 use that was in active operation and open for business as of the day 99 prior to the date of adoption of this sectionOctober 2, 2011. 100 2. If the expansion and/or modification is classified within the Artisan, 101 Limited or General Manufacturing category and is for a less intensive 102 industrial use than was in active operation and open for business as of 103 the day prior to the date of adoption of this sectionOctober 2, 2011 . 104 (Ex. An existing Intensive Manufacturing use could transition to a use in 105 the Artisan, Limited or General Manufacturing category). 106 3. If the existing industrial use is classified within the General, Limited or 107 Artisan Manufacturing categories, the use may expand and/or modify to 108 a different use within that same category. 109 B. Exception for Modifications and/or Expansions onto Adjacent or Contiguous 110 Parcels: Modifications and/or expansions of existing industrial uses shall be allowed 111 without a special use permit on tax parcels adjacent or contiguous (excluding rights of 112 way) to the current use, if properly zoned, and held in the same ownership as on the 113 date of adoption of this section (including successor ownership) as of October 2, 2011 114 and provided one (1) of the following criteria applies:and provided the following: 115 116 1. If the expansion and/or modification is for the same existing industrial 117 use that was in active operation and open for business as of the day 118 prior to the date of adoption of this sectionOctober 2, 2011 . 119 2. If the expansion and/or modification is classified within the Artisan, 120 Limited or General Manufacturing category and is for a less intensive 121 industrial use than was in active operation and open for business as of 122 the day prior to the date of adoption of this sectionOctober 2, 2011 . 123 (Ex. An existing Intensive Manufacturing use could transition to a use in 124 the Artisan, Limited or General Manufacturing category). 125 3. If the existing industrial use is classified within the General, Limited or 126 Artisan Manufacturing categories, the use may expand and/or modify to 127 a different use within that same category. 128 129 130 131 - 4 - 6ITEM: 1 Planning Board - September 8, 2016 A-416 – Planning Board Recommendation Page 4 Section 53.2: I-1 Light Industrial 132 (10/3/2011) 133 134 53.2-1: The I-1 zoning district is established to preserve land within the County for light industrial 135 uses and associated operations, including assembly, fabrication, packaging and transport, where 136 operations are conducted primarily indoors and where suitable sites are served by rail, waterway, 137 highway transportation systems as well as readily available utilities. Heavy industrial uses in which 138 raw materials are converted into products for subsequent assembly or fabrication or where uses 139 create an excessive amount of noise, odor, smoke, dust, air borne debris or other objectionable 140 characteristics which might be detrimental to surrounding areas are not appropriate in this district. 141 Within the I-1 district, all operations conducted and all materials used or held in storage shall be 142 contained within enclosed buildings, solid wall, fence or planting of such nature and height as to 143 conceal such operation or materials from view from any roadway or adjacent properties. No I-1 144 district shall be less than five (5) acres in area. 145 146 53.2-2 Deleted (1/5/81) 147 148 53.2-3 Deleted (1/5/81) 149 150 53.2-4: Dimensional Requirements: 151 152 (1) Minimum Lot Area-None 153 (2) Minimum Front Yard- 50 feet 154 (3) Minimum side and rear yards for property abutting residential districts shall be 155 calculated in accordance with Section 60.3. 156 (4) Maximum building height: 157 Forty (40) feet except for buildings located within the Urban Transition Area and 158 fronting along a Collector, Minor Arterial, or Principal Arterial as indicated on the 159 Wilmington Metropolitan Planning Organization’s most current Roadway Functional 160 Classification Map, may exceed forty (40) feet provided their FAR does not exceed 1.0. 161 (2/7/83) 162 163 53.2-5: Parking: Parking and loading shall be provided in accordance with the provisions of Article 164 VIII. 165 166 53.2-6: Signs: Signs shall be in accordance with Article IX. 167 168 53.2-7: DELETED (3/9/88) 169 170 53.2-8: Existing Industrial Uses: 171 (10/3/11) 172 173 These standards and any requirement for a special use permit shall apply to all new proposals in I-1 174 districts as shown on the Table of Permitted Uses. The term “existing industrial uses” shall mean an 175 industriesy or other business in active operation and open for business on a tax parcel zoned I-1 and 176 developed for that particular use as of the day prior to the date of adoption of this sectionOctober 177 2, 2011 . Any existing industrial uses which did not require a special use permit as of the day prior to 178 - 4 - 7ITEM: 1 Planning Board - September 8, 2016 A-416 – Planning Board Recommendation Page 5 the date of adoption of this sectionOctober 2, 2011 would be considered a conforming use and shall 179 not require a special use permit in order to continue operations. 180 181 53.2-8.1: Modifications and/or Expansions of Existing Industrial Uses: For a modifications 182 and/or expansions of an existing industrial uses which was ose site conditions were in 183 conformity with the requirements of this ordinance as of of the day prior to the date of 184 adoptionOctober 2, 2011, and where the modification and/or expansion would change the 185 particular use as indicated on the Table of Permitted Uses, a special use permit will be required 186 for the modification and/or expansion if the new use is indicated by an “S” on the Table of 187 Permitted Use, provided, however, that if one or both of the two exceptions set out in 188 subsections A and B below apply, then a special use permit shall not be required with respect to 189 such modification and/or expansion:the following conditions must be met. If these conditions 190 are not met, or if the existing industrial use is classified within the Intensive Manufacturing 191 category, and the modification and/or expansion changes the particular use within that 192 category, a special use permit will be required for the modification and/or expansion. 193 194 A. Exception for Modifications and/or Expansions on the Same Parcel: Modifications 195 and/or expansions of existing industrial uses shall be allowed without a special use 196 permit if fully contained on the tax parcel currently developed for and operating as 197 such use and provided one (1) of the following criteria applies:the following: 198 199 1. If the expansion and/or modification is for the same existing industrial 200 use that was in active operation and open for business as of the day 201 prior to the date of adoption of this sectionOctober 2, 2011 . 202 2. If the expansion and/or modification is classified within the Artisan, 203 Limited or General Manufacturing category and and is for a less 204 intensive industrial use than was in active operation and open for 205 business as of the day prior to the date of adoption of this 206 sectionOctober 2, 2011 . (Ex. An existing Intensive Manufacturing use 207 could transition to a use in the Artisan, Limited or General 208 Manufacturing category). 209 3. If the existing industrial use is classified within the General, Limited or 210 Artisan Manufacturing categories, the use may expand and/or modify to 211 a different use within that same category. 212 B. Exception for Modifications and/or Expansions onto Adjacent or Contiguous 213 Parcels: Modifications and/or expansions of existing industrial uses shall be allowed 214 without a special use permit on tax parcels adjacent or contiguous (excluding rights of 215 way) to the current use, if properly zoned, and held in the same ownership (including 216 successor ownership) as on the day prior to the date of adoption of this sectionOctober 217 2, 2011 (including successor ownership) and provided one (1) of the following criteria 218 applies:the following: 219 220 1. If the expansion and/or modification is for the same existing industrial 221 use that was in active operation and open for business as of the day 222 prior to the date of adoption of this sectionOctober 2, 2011 . 223 2. If the expansion and/or modification is classified within the Artisan, 224 Limited or General Manufacturing category and is for a less intensive 225 industrial use than was operating as of the day prior to the date of 226 - 4 - 8ITEM: 1 Planning Board - September 8, 2016 A-416 – Planning Board Recommendation Page 6 adoption of this sectionOctober 2, 2011 . (Ex. An existing Intensive 227 Manufacturing use could transition to a use in the Artisan, Limited or 228 General Manufacturing category). 229 3. If the existing industrial use is classified within the General, Limited or 230 Artisan Manufacturing categories, the use may expand and/or modify to 231 a different use within that same category. 232 233 234 Section 53.3: I-2 Heavy Industrial 235 (10/3/11) 236 237 53.3-1: The I-2 zoning district is established to set aside areas of the County for a full range of 238 manufacturing, fabrication, assembly, warehousing, and distribution uses associated with heavy 239 industrial land uses where heavy industry can find suitable sites served by rail, waterway and 240 highway transportation. The district is also established to subsequently protect nonindustrial 241 districts situated outside the district and minimize environmental impacts caused by the uses within 242 the district. Outdoor operations and storage are appropriate for this district provided that the 243 district standards are met. Certain uses within the I-2 district shall require a special use permit as 244 specified in the Table of Permitted Uses. No I-2 District shall be less than five (5) acres in area. 245 246 53.3-2: DELETED (1/5/81) 247 248 53.3-3: DELETED (1/5/81) 249 250 53.3-4: Dimensional Requirements: 251 252 (1) Minimum lot area-None 253 254 (2) Minimum front yard building setback-50 feet 255 256 (3) Minimum side and rear yard building setbacks for property abutting residential shall be 257 calculated in accordance with Section 60.3. 258 259 (4) Buffers must be established between I-2 and adjacent, non-industrial uses, in 260 accordance with Section 62.1-4 of this ordinance. 261 262 53.3-.4.1: Review of external effects. All uses in the I-2 zoning district must operate in 263 compliance with current standards for sound, vibration, heat discharge, glare, odor, air 264 quality and water quality, as applicable under federal, state, and local regulations. For uses 265 that require a Special Use Permit, a non-binding narrative must accompany the application 266 that shall include a disclosure of the projected external impacts of the project, including 267 information about anticipated federal and/or state permits that will be required. Section 71 268 further describes the special use permit approval process. The County may require 269 - 4 - 9ITEM: 1 Planning Board - September 8, 2016 A-416 – Planning Board Recommendation Page 7 additional information deemed reasonable to assess the impacts and effects of a project on 270 a community including plans, specifications, and other information deemed necessary to 271 determine compliance with the review criteria. Federal, State and /or local environmental 272 agencies may be consulted to advise the Planning and Inspections Department on 273 applications for Special Use Permits. 274 275 53.3-5: Parking – Parking and loading shall be provided in accordance with the provisions of Article 276 VIII. 277 278 53.3-6: Signs – Signs shall be in accordance with Article IX. 279 280 53.3-7: DELETED (3/9/88) 281 282 53.3-8: Existing Industrial Uses: 283 (10/3/11) 284 285 These standards and any requirement for a special use permit shall apply to all new proposals in I-2 286 districts as shown on the Table of Permitted Uses. The term “existing industrial uses” shall mean an 287 industryies or other business in active operation and open for business on a tax parcel zoned I-2 and 288 developed for that particular use as of the day prior to the date of adoption of this sectionOctober 289 2, 2011 . Any existing industrial uses which did not require a special use permit as of the day prior to 290 the date of adoption of this sectionOctober 2, 2011 would be considered a conforming use and shall 291 not require a special use permit in order to continue operations. 292 293 53.3-8.1: Modifications and/or Expansions of Existing Industrial Uses: For 294 modifications and/or expansions of existing industrial uses whose site conditions 295 werewhich was in conformity with the requirements of this ordinance as of the day 296 prior to the date of adoptionOctober 2, 2011, and where the modification and/or 297 expansion would change the particular use as indicated on the Table of Permitted Uses, 298 a special use permit will be required for the modification and/or expansion if the new 299 use is indicated by an “S” on the Table of Permitted Uses, provided, however, that if one 300 or both of the two exceptions set out in subsections A and B below apply, then a special 301 use permit shall not be required with respect to such modification and/or expansion:the 302 following conditions must be met. If these conditions are not met, or if the existing 303 industrial use is classified within the Intensive Manufacturing category, and the 304 modification and/or expansion changes the particular use within that category, a special 305 use permit will be required for the modification and/or expansion. 306 307 A. Exception for Modifications and/or Expansions on the Same Parcel: Modifications 308 and/or expansions of existing industrial uses shall be allowed without a special use 309 permit if fully contained on the tax parcel currently developed for and operating as such 310 use and provided one (1) of the following criteria applies:the following: 311 - 4 - 10ITEM: 1 Planning Board - September 8, 2016 A-416 – Planning Board Recommendation Page 8 1. If the expansion and/or modification is for the same existing industrial 312 use that was in active operation and open for business as of the day 313 prior to the date of adoption of this sectionOctober 2, 2011 . 314 2. If the expansion and/or modification is classified within the Artisan, 315 Limited or General Manufacturing category and is for a less intensive 316 industrial use than was in active operation and open for business as of 317 the day prior to the date of adoption of this sectionOctober 2, 2011 . 318 (Ex. An existing Intensive Manufacturing use could transition to a use in 319 the Artisan, Limited or General Manufacturing category). 320 3. If the existing industrial use is classified within the General, Limited or 321 Artisan Manufacturing categories, the use may expand and/or modify to 322 a different use within that same category. 323 B. Exception for Modifications and/or Expansions onto Adjacent or Contiguous Parcels: 324 Modifications and/or expansions of existing industrial uses shall be allowed without a special 325 use permit on tax parcels adjacent or contiguous (excluding rights of way) to the current use, if 326 properly zoned, and held in the same ownership as on the day prior to the date of adoption of 327 this sectionOctober 2, 2011 (including successor ownership) and provided one (1) of the 328 following criteria applies: the following: 329 330 1. If the expansion and/or modification is for the same existing industrial 331 use that was in active operation and open for business as of the day 332 prior to the date of adoption of this sectionOctober 2, 2011 . 333 2. If the expansion and/or modification is classified within the Artisan, 334 Limited or General Manufacturing category and is for a less intensive 335 industrial use than was in active operation and open for business as of 336 the day prior to the date of adoption of this sectionOctober 2, 2011 . 337 (Ex. An existing Intensive Manufacturing use could transition to a use in 338 the Artisan, Limited or General Manufacturing category). 339 If the existing industrial use is classified within the General, Limited or Artisan Manufacturing categories, 340 the use may expand and/or modify to a different use within that same category. 341 342 343 344 345 - 4 - 11ITEM: 1 Planning Board - September 8, 2016 A-416 – Planning Board Recommendation Page 9 ARTICLE VII: PROVISIONS FOR USES ALLOWED AS SPECIAL USES 346 347 Section 70: Objectives and Purposes of Special Use Permits 348 349 70-1: Special Use Permits add flexibility to the Zoning Ordinance. Subject to high standards of 350 planning and design, certain property uses may be allowed in the several districts where 351 these uses would not otherwise be acceptable. By means of controls exercised through 352 the Special Use Permit procedures, property uses which would otherwise be undesirable 353 in certain districts can be developed to minimize any bad effects they might have on 354 surrounding properties. 355 356 Section 71: Special Use Permits Issued by the Board of County Commissioners 357 358 71-1: General Requirements 359 360 (1) Special Use Permits may be issued by the Board of County Commissioners for 361 the establishment of uses listed as special uses in Article V after a public hearing 362 and after Planning Board review and recommendation. The Planning Board may 363 recommend conditions which assure that the proposed use will be harmonious 364 with the area and will meet the intent of this ordinance. Single-family dwellings, 365 including mobile homes shall not require Planning Board review prior to County 366 Commissioner action. (1/2/90) 367 368 (2) In order to assist petitioners through the process for obtaining a Special Use 369 Permit, petitioners are encouraged to request a pre-application conference 370 prior to application submittal. Additionally, petitioners are required to hold a 371 public meeting in accordance with Section 111-2.1. to help inform community 372 members of the proposal and to find solutions to issues that may arise. 373 374 Applicants may include Tthe owner or owners of the subject property, or their 375 duly authorized agent, or an applicant that has a contract or an option to 376 purchase or lease of the property included in the petition for a Special Use 377 Permit that is contingent on approval of the special use permit. Applicants shall 378 submit an application to the New Hanover County Planning and Inspections 379 Department at least twenty fifty-five (2055) working days prior to the first 380 regular monthly meeting of the Planning Board at which the applicant seeks to 381 have the application considered (the “Requested Meeting”).. (12/07) No later 382 than five (5) days after an application has been submitted, county staff shall 383 provide to the applicant either confirmation of completeness of the application 384 or information regarding non-completeness of the application. To the extent 385 county staff provides to an applicant information regarding non-completeness 386 and the applicant submits additional information in response, county staff shall 387 provide either confirmation of completeness or additional information 388 regarding non-completeness application within two (2) days of the applicant’s 389 submission of such additional information. So long as an application which is 390 complete pursuant to subsection (3) below has been received by county staff at 391 least forty-five (45) days prior to the Requested Meeting, the Planning Board 392 - 4 - 12ITEM: 1 Planning Board - September 8, 2016 A-416 – Planning Board Recommendation Page 10 shall consider the application at the Requested Meeting unless the applicant 393 requests a continuance pursuant to Section 111-3 of the Ordinance. 394 395 (3) An application fee established by the County Commissioners shall be 396 paid to the County of New Hanover, North Carolina to cover necessary 397 administrative costs and advertising expenses. (8/22/82) Such application shall 398 include all of the requirements pertaining to it in this Article. (5/2/83) 399 Notification of the request All adjoining property owners shall be notified of the 400 request shall be provided as outlined in Section 110-1(4)112.1 of this 401 ordinance. (2/6/89) Additionally, as soon as practicable after confirming an 402 application is complete pursuant to subsection (3) below, county staff shall 403 make the contents of the application available on the county’s website and shall 404 provide notification of the availability of the application on the website to the 405 county’s “sunshine” e-mail list. 406 407 (1) County staff may request additional information it believes could be 408 relevant to a determination of impacts to surrounding properties and/or the 409 area in which the subject property is located. Such additional information may 410 be in the form of tests, studies, reports, etc. evaluating factors such as sound, 411 vibration, heat discharge, glare, odor, traffic, air quality, water quality, or other 412 factors potentially relevant to the four requirements listed in Section 71-1(4). 413 In the event that this information is requested, then it will be requested within 414 fifteen (15) days of the date on which the county staff confirms a complete 415 application pursuant to subsection (3) below. Irrespective of whether such 416 information is requested by county staff or whether the applicant decides to 417 provide some or all of the requested information, the Planning Board shall 418 consider the application at the requested meeting, unless the applicant desires 419 a continuance, in which case a request for delay of consideration may be made 420 by the applicant in accordance with Section 111-3 of the Ordinance. The 421 Planning Board and Board of Commissioners may require additional information 422 deemed necessary to determine if a project has met the required findings for 423 special use permits. 424 425 If an applicant has obtained and submits a permit from a Federal, state and/or 426 local authority, the permit shall be considered competent, substantial, and 427 material evidence with respect to the specific subject matter covered by the 428 permit. However, the planning board and board of commissioners may also 429 consider any other competent, substantial, and material evidence properly 430 presented to them, whether by the applicant, the planning staff, or any other 431 party, including any party who is opposed to the issuance of the permit. Local, 432 State or Federal officials may be requested to provide assistance in evaluating 433 information contained in these permits. 434 435 (3) Application Submittal: Applications may be found on the New Hanover County 436 Planning website or at the New Hanover County Planning office. In addition to 437 the application, the following information and materials are required for 438 submission: 439 - 4 - 13ITEM: 1 Planning Board - September 8, 2016 A-416 – Planning Board Recommendation Page 11 (A) Narrative of the proposed use 440 (B) Traffic Impact Worksheet 441 (C) Traffic Impact Analysis (if applicable) 442 (D) Authority for Appointment of Agent Form (if applicable) 443 (E) Letter of owner consent where applicant has a contract or an option to 444 purchase or lease property. 445 (F) Written report of public meeting 446 (G) Fee in accordance with the County’s adopted fee schedule 447 (H) Site Plan: The applicant shall provide nine (9) 24x36 copies of the site 448 plan for the Planning Board meeting and one digital version. The 449 applicant will also be asked for an additional eight (8) copies of the site 450 plan if the proposal moves forward to the County Commissioners. Each 451 site plan shall contain at least the following information: 452 1. Tract boundaries and total area, location of adjoining parcels 453 and roads 454 2. Proposed use of land, structures and other improvements. For 455 residential uses, this shall include number, height and type of 456 units and area to be occupied by each structure and/or 457 subdivided boundaries. For non-residential structures, this shall 458 include approximate square footage and height of each 459 structure, an outline of the area it will occupy and the specific 460 purpose for which it will be used. 461 3. Development schedule including proposed phasing. 462 4. Traffic and Parking Plan to include a statement of impact 463 concerning local traffic near the tract, proposed right-of-way 464 dedication, plans for access to and from the tract, location, 465 width and right-of-way for internal streets and location, 466 arrangement and access provision for parking areas. 467 5. All existing and proposed easements, reservations, required 468 setbacks, rights-of-way, buffering and signage 469 6. The one hundred (100) year floodplain line, if applicable 470 7. Location and sizing of trees required to be protected under 471 Section 62 of the Zoning Ordinance 472 8. Any additional conditions and requirements, which represent 473 greater restrictions on development and use of the tract than 474 the corresponding General Use District regulations or other 475 limitations on land which may be regulated by State law or Local 476 Ordinance. 477 9. Any other information that will facilitate review of the proposed 478 change (Ref. Article VII, as applicable) 479 (I) A listing of all Federal, State and/or local permits that have been or will 480 be applied for. 481 482 (4) Upon receiving the recommendations of the Planning Board and holding a 483 public hearing, the Board of County Commissioners may grant or deny the 484 Special Use Permit requested. The Special Use Permit, if granted shall include 485 - 4 - 14ITEM: 1 Planning Board - September 8, 2016 A-416 – Planning Board Recommendation Page 12 such approved plans as may be required. In granting the Special Use Permit the 486 Commissioners shall find: (1/2/90) 487 488 (A) that the use will not materially endanger the public health or safety if 489 located where proposed and approved; 490 (B) that the use meets all required conditions and specifications; 491 (C) that the use will not substantially injure the value of adjoining or 492 abutting property, or that the use is a public necessity; and 493 (D) that the location and character of the use if developed according to the 494 plan as submitted and approved will be in harmony with the area in 495 which it is to be located and in general conformity with the plan of 496 development for New Hanover County. (5/2/83) 497 498 (5) In granting the permit the Board of County Commissioners may recommend and 499 designate such conditions in addition and in connection therewith, as will in its 500 opinion, assure that the use in its proposed location will be harmonious with the 501 area in which it is proposed to be located and with the spirit of this Ordinance. 502 All such additional conditions shall be entered in the minutes of the meeting at 503 which the permit is granted and also on the certificate of the Special Use Permit 504 or on the plans submitted therewith. All specific conditions shall run with the 505 land and shall be binding on the original applicants for the Special Use Permit, 506 their heirs, successors and assigns. A Special Use Permit, issued by the Board of 507 County Commissioners shall become null and void if construction or occupancy 508 of the proposed use as specified on the Special Use Permit is not commenced 509 within twenty-four (24) months of the date of issuance. If an extension is 510 desired, a request must be submitted in writing to the New Hanover County 511 Planning and Inspections Department prior to the expiration. Extensions may 512 be granted in accordance with section 112-6 of the Ordinance.(12/17/2012) 513 A Board of County Commissioners decision on an extension may be appealed in 514 conformity with the requirements of Section 71-1(6) of this Ordinance. (5/2/83), 515 (10/7/91) 516 517 (6) If the Board of County Commissioners denies the Permit, the Board shall enter 518 the reasons for its action in the minutes of the meeting at which the action is 519 taken. (5/2/83) 520 521 (7) Every decision by the Board of Commissioners issuing or denying a special use 522 permit shall be subject to review by the Superior Court by proceedings in the 523 nature of certiorari. Any petition for review by the Superior Court shall be filed 524 with the Clerk of Superior Court within thirty (30) days after the decision of the 525 Board is filed in the Office of the Clerk to the Board, or after a written copy 526 thereof is delivered to every aggrieved party who has filed a written request for 527 such copy with the Clerk or Chairman of the Board at the time of the hearing of 528 the case, whichever is later. (5/3/82) 529 530 (8) In addition to the specific conditions imposed by the regulations of this 531 Ordinance and whatever additional conditions the Board deems reasonable and 532 - 4 - 15ITEM: 1 Planning Board - September 8, 2016 A-416 – Planning Board Recommendation Page 13 appropriate, special uses shall comply with the height, yard, area and parking 533 regulations for the use district in which they are permitted unless otherwise 534 specified. If additional yard area is required for a special use, such additional 535 area may be used for off-street parking. A transportation information 536 sheetTraffic Information Worksheet is required to be completed. Ffor any 537 development that will generate more than 100 trips during the peak hour; a 538 traffic impact studyTraffic Impact Analysis may also be required. The study shall 539 be prepared in accordance with Standards standards and Guidelines guidelines 540 approved by the County and shall be submitted at least twenty-five (25) days 541 four weeks prior to the first scheduled meeting of the project's review. (5/02) 542 543 (9) In the event of failure to comply with the plans approved by the Board of 544 County Commissioners or with any other conditions imposed upon the Special 545 Use Permit, the Permit shall thereupon immediately become void and of no 546 effect. No building permits for further construction or certificates of occupancy 547 under this Special Use Permit shall be issued, and all completed structures shall 548 be regarded as non-conforming uses subject to the provisions of Article IV of 549 this Ordinance provided, however, that the Board of County Commissioners 550 shall not be prevented from thereafter rezoning said property for its most 551 appropriate use. 552 553 (10) The original applicant(s), their successors or their assignee may make minor 554 changes in the location and/or size of structures provided the necessity for 555 these changes is clearly demonstrated. Minor changes shall be reviewed by the 556 Planning and Inspections Department and upon favorable recommendation by 557 the Planning and Inspections Director may be approved by the Zoning 558 Administrator. Such approval shall not be granted should the proposed revisions 559 cause or contribute to: 560 561 (A) A change in the character of the development. 562 (B) A change of design for, or an increase in the hazards to pedestrian and 563 vehicle traffic circulation, or 564 (C) A modification in the originally approved setbacks from roads and/or 565 property lines exceeding ten percent. (5/4/81) (9/3/2013) 566 567 (11) Resubmittals: An application for a special use which has been previously 568 denied may be resubmitted only if there has been a change in 569 circumstances as determined by the Planning and Inspections Director 570 or the director's designee. 571 572 Evidence presented in support of the new application shall initially be limited to 573 what is necessary to enable the Planning and Inspections Director to determine 574 whether there has been a substantial change in the facts, evidence, or 575 conditions of the case and shall include: 576 577 (A) Circumstances affecting the property that is the subject of the 578 application which have substantially changed since the denial; or 579 - 4 - 16ITEM: 1 Planning Board - September 8, 2016 A-416 – Planning Board Recommendation Page 14 (B) New information available since the denial that could not with 580 reasonable diligence have been presented at a previous hearing. 581 582 If the Planning and Inspections Director deems the evidence substantially 583 changed, the proposal may be resubmitted as a new application. 584 585 Appeal of the Planning and Inspections Director’s decision may be made 586 to the Board of County Commissioners. (9/07) 587 588 - 4 - 17ITEM: 1 Planning Board - September 8, 2016 A-416 – Planning Board Recommendation – Table of Permitted Uses A-416 Planning Board Recommendation Page 1 Permitted Uses PD R 20S R 20 R 15 R 10 R 7 B 1 B 2 I 1 I 2 O & I A R A I S C R A R F M U Supp Regs NAICS Manufacturing Artisan Manufacturing P P P P P P P Limited Manufacturing Animal Food Manufacturing P S P P P 3111 Grain and Oilseed Milling P S P P P 3112 Sugar and Confectionery Product Manufacturing P S P P P 3113 Fruit and Vegetable Preserving and Specialty Food Manufacturing P S P P P 3114 Dairy Product Manufacturing P S P P P 3115 Animal Slaughtering and Processing P S P P P 3116 Seafood Product Preparation and Packaging P S P P P 3117 Bakeries and Tortilla Manufacturing P S P P P 3118 Other Food Manufacturing P S P P P 3119 Beverage Manufacturing P S P P P 3121 Printing and Related Support Activities P S P P P 3231 Cutlery and Handtool Manufacturing P S P P P 3322 Hardware Manufacturing P S P P P 3325 Spring and Wire Product Manufacturing P S P P P 3326 Agriculture, Construction, and Mining Machinery Manufacturing P S P P P 3331 Industrial Machinery Manufacturing P S P P P 3332 Commercial and Service Industry Machinery Manufacturing P S P P P 3333 Ventilation, Heating, Air- Conditioning, and Commercial Refrigeration Equipment Manufacturing P S P P P 3334 Metalworking Machinery Manufacturing P S P P P 3335 Engine, Turbine, and Power Transmission Equipment Manufacturing P S P P P 3336 Other General Purpose Machinery Manufacturing P S P P P 3339 Computer and Peripheral Equipment Manufacturing P S P P P 3341 - 4 - 18ITEM: 1 Planning Board - September 8, 2016 A-416 – Planning Board Recommendation – Table of Permitted Uses A-416 Planning Board Recommendation Page 2 Permitted Uses PD R 20S R 20 R 15 R 10 R 7 B 1 B 2 I 1 I 2 O & I A R A I S C R A R F M U Supp Regs NAICS Communications Equipment Manufacturing P S P P P 3342 Audio and Video Equipment Manufacturing P S P P P 3343 Semiconductor and Other Electronic Component Manufacturing P S P P P 3344 Navigational, Measuring, Electromedical, and Control Instruments Manufacturing P S P P P 3345 Manufacturing and Reproducing Magnetic and Optical Media P S P P P 3346 Electric Lighting Equipment Manufacturing P S P P P 3351 Household Appliance Manufacturing P S P P P 3352 Electrical Equipment Manufacturing P S P P P 3353 Other Electrical Equipment and Component Manufacturing P S P P P 3359 Other Miscellaneous Manufacturing P S P P P 3399 Household and Institutional Furniture and Kitchen Cabinet Manufacturing P S P P P 3371 Office Furniture (including Fixtures) Manufacturing P S P P P 3372 Other Furniture Related Product Man. P S P P P 3379 General Manufacturing Textile and Fabric Finishing and Fabric Coating Mills S P 3133 Tobacco Manufacturing S P 3122 Other Textile Product Mills S P 3149 Leather and Hide Tanning and Finishing S P 3161 Footwear Manufacturing S P 3162 Other Leather and Allied Product Manufacturing S P 3169 Sawmills and Wood Preservation S P 3211 Veneer, Plywood, and Engineered Wood Product Manufacturing S P 3212 Other Wood Product Manufacturing S P 3219 Converted Paper Product Manufacturing S P 3222 - 4 - 19ITEM: 1 Planning Board - September 8, 2016 A-416 – Planning Board Recommendation – Table of Permitted Uses A-416 Planning Board Recommendation Page 3 Permitted Uses PD R 20S R 20 R 15 R 10 R 7 B 1 B 2 I 1 I 2 O & I A R A I S C R A R F M U Supp Regs NAICS Iron and Steel Mills and Ferroalloy Manufacturing S P 3311 Steel Product Manufacturing from Purchased Steel S P 3312 Alumina and Aluminum Production and Processing S P 3313 Nonferrous Metal (except Aluminum) Production & Processing S P 3314 Forging and Stamping S P 3321 Boiler, Tank, and Shipping Container Manufacturing S P 3324 Coating, Engraving, Heat Treating, and Allied Activities S P 3328 Other Fabricated Metal Product Manufacturing S P 3329 Motor Vehicle Manufacturing S P 3361 Motor Vehicle Body and Trailer Manufacturing S P 3362 Motor Vehicle Parts Manufacturing S P 3363 Aerospace Product and Parts Manufacturing S P 3364 Railroad Rolling Stock Manufacturing S P 3365 Ship and Boat Building S P 3366 Other Transportation Equipment Manufacturing S P 3369 Medical Equipment and Supplies Manufacturing S P 3391 Machine Shops; Turned Product; and Screw, Nut, and Bolt Manufacturing S P 3327 Architectural and Structural Metals Manufacturing S P 3323 Apparel Knitting Mills S P 3151 Cut and Sew Apparel Manufacturing S P 3152 Apparel Accessories and Other Apparel Manufacturing S P 3159 Textile Furnishings Mills S P 3141 Fiber, Yarn, and Thread Mills S P 3131 Fabric Mills S P 3132 - 4 - 20ITEM: 1 Planning Board - September 8, 2016 A-416 – Planning Board Recommendation – Table of Permitted Uses A-416 Planning Board Recommendation Page 4 Permitted Uses PD R 20S R 20 R 15 R 10 R 7 B 1 B 2 I 1 I 2 O & I A R A I S C R A R F M U Supp Regs NAICS Intensive Manufacturing Pulp, Paper, and Paperboard Mills S 3221 Petroleum and Coal Products Manufacturing S 3241 Basic Chemical Manufacturing S 3251 Resin, Synthetic Rubber, and Artificial Synthetic Fibers and Filaments Manufacturing S 3252 Pesticide, Fertilizer, and Other Agricultural Chemical Manufacturing S 3253 Pharmaceutical and Medicine Manufacturing S 3254 Paint, Coating, and Adhesive Manufacturing S 3255 Soap, Cleaning Compound, and Toilet Preparation Manufacturing S 3256 Other Chemical Product and Preparation Manufacturing S 3259 Plastics Product Manufacturing S 3261 Rubber Product Manufacturing S 3262 Clay Product and Refractory Manufacturing S 3271 Glass and Glass Product Manufacturing S 3272 Cement and Concrete Product Manufacturing S 3273 Lime and Gypsum Product Manufacturing S 3274 Other Nonmetallic Mineral Product Manufacturing S 3279 Foundries S 3315 Fuel Bulk Storage Facilities S Electricity Generating Facilities S - 4 - 21ITEM: 1 Planning Board - September 8, 2016 A-416 additional staff recommendation A-416 Text Amendment – Additional Staff Recommendation In order to allow staff to adequately plan and manage workload and to assure that proposed timelines for application review can be met, staff recommends the following change to the text recommended by the Planning Board (proposed changes are highlighted): Applicants may include Tthe owner or owners of the subject property, or their 375 duly authorized agent, or an applicant that has a contract or an option to 376 purchase or lease of the property included in the petition for a Special Use 377 Permit that is contingent on approval of the special use permit. Applicants shall 378 submit an application to the New Hanover County Planning and Inspections 379 Department at least twenty fifty-five (2055) working days prior to the first 380 regular monthly meeting of the Planning Board at which the applicant seeks to 381 have the application considered (the “Requested Meeting”).. (12/07) 382 383 No later than five (5) days after an the application deadline has been submitted, 384 county staff shall provide to the applicant either confirmation of completeness 385 of the application or information regarding non-completeness of the 386 application. To the extent county staff provides to an applicant information 387 regarding non-completeness and the applicant submits additional information 388 in response, county staff shall provide either confirmation of completeness or 389 additional information regarding non-completeness application within two (2) 390 days of the applicant’s submission of such additional information. So long as an 391 application which is complete pursuant to subsection (3) below has been 392 received by county staff at least forty-five (45) days prior to the Requested 393 Meeting, the Planning Board shall consider the application at the Requested 394 Meeting unless the applicant requests a continuance pursuant to Section 111-3 395 of the Ordinance. 396 397 In the event an application is submitted prior to the application deadline and 398 the applicant wishes for the application to be reviewed for completeness, a 399 request for such review shall be submitted in writing to the Planning and 400 Inspections Director. The Planning and Inspections Director will evaluate the 401 request based on staff availability. If the request is granted, then the Planning 402 and Inspections Director shall arrange for the timely review of the application. 403 404 405 - 4 - 22ITEM: 1 Planning Board - September 8, 2016 NEW HANOVER COUNTY PLANNING BOARD REQUEST FOR BOARD ACTION MEETING DATE: September 8, 2016 TECHNICAL REVIEW COMMITTEE REPORT ITEM: DEPARTMENT: PRESENTER(S): CONTACT(S): Brad Schuler; Sam Burgess, Senior Planner; and Ben Andrea, Current Planning/Zoning Supervisor SUBJECT: TRC Report for August 2016 BRIEF SUMMARY: The New Hanover County Technical Review Committee (TRC) met once during the month of August to review one performance residential project - Carolina Inlet View. The report and accompanying plan are attached. STRATEGIC PLAN ALIGNMENT: Intelligent Growth and Economic Development • Implement plans for land use, economic development, infrastructure and environmental programs • Understand and act on citizen needs RECOMMENDED MOTION AND REQUESTED ACTIONS: Hear report. No action required. ATTACHMENTS: August 2016 TRC Report ITEM: 2 Planning Board - September 8, 2016 AUGUST 2016 TRC REPORT Page 1 TECHNICAL REVIEW COMMITTEE REPORT AUGUST, 2016 New Hanover County’s Technical Review Committee (TRC) met once in August and reviewed one performance residential project. Carolina Inlet View (Performance Plan) Request by Beyond Beautiful, LLC for TRC to consider extending the preliminary site plan validity period for one year. The eight (8) lot project is located near the intersection of Burnett Road and Silver Avenue, southern portion of New Hanover County. Carolina Inlet View History  Preliminary site plan approved by TRC for eight (8) residential lots in December, 2014  To date, no final plats for all or a portion of the project have been submitted for review  County Subdivision Ordinance allows for preliminary site plan approvals to be valid for a period of two years with two one year extensions available upon written request by the owner Owners Request  Court litigation has slowed the process of developing Carolina Inlet View (See attached letter) Site Plan Data  Zoning: R-15 Residential  Water Service: Community Well  Sewer Service: Private (Aqua of North Carolina)  Road Designation: Private  Lots: 8  Acreage: 3.1  Access: Silver Avenue/Coastal Avenue  Schools: Codington & Carolina Beach Elementary (over-capacity) Murray Middle (over-capacity) Ashley High (over-capacity) Conditions of Preliminary Site Plan Approval (December, 2014) 1) No gates, traffic calming devices, or on-street parking permitting unless reviewed by TRC. 2) Verify acreage of property (displayed as 3.1) to qualify for a density of eight (8) lots.  A waiver was granted by TRC on the road inter-connectivity requirements based on the geographic nature of the property. The TRC voted 5-0 to approve the one year preliminary extension. - 1 - 1ITEM: 2 Planning Board - September 8, 2016 - 1 - 2 ITEM: 2 Planning Board - September 8, 2016