TA17-01 Staff Summary PBTA17-01 Staff Summary Page 1 of 6
STAFF SUMMARY OF TA17-01
TEXT AMENDMENT APPLICATION
APPLICATION SUMMARY
Case Number: TA17-01
Request:
To amend the setback, density fringe area, height, and buffer requirements of high density
developments.
Applicant: Subject Ordinance:
Cindee Wolf of Design Solutions Zoning Ordinance
Subject Article(s) and Section(s):
Article VII: Provisions for Uses Allowed as Special Uses
o Section 72-43: High Density Development
Article VI: Supplementary District Regulations
o Section 62.1-4: Additional Requirements for Berms and for Yards in which Buffers are
Required
BACKGROUND
The applicant is seeking to amend certain regulations for high density developments. A high density
development is a residential development that exceeds the density limits of the applicable zoning
district. These developments are permitted in the R-10, R-15, R-20, and O&I zoning districts with
a special use permit, and in the PD zoning district by-right. Also, high density developments are
only permitted in the Urban Mixed Use, Community Mixed Use, and Employment Center place
types, and must have access to major or minor arterial street.
In order to mitigate potential impacts high density developments may have on the surrounding area,
the Zoning Ordinance contains specific regulations for the use. These regulations include requiring
increased setbacks and additional bufferyards.
The application proposes to reduce the setbacks/density fringe area, height, and bufferyard
requirements of high density developments. Below, staff examines each requirement individually
and offers a recommendation on each.
PART 1 – SETBACKS/DENSITY FRINGE AREA
Proposed Text
Red and Underline/Strikethrough – Petitioner’s Proposed Additions/Deletions
Article VII: Provisions for Uses Allowed as Special Uses – Section 72-43: High Density Development
(5) Setbacks and Uses 1
(A) The required minimum setback for High Density development shall not be less than 2
twenty-five (25) feet. (7/5/95) When such projects are located and adjacent to any 3
existing detached residential development (not including Mobile Home Parks or other 4
High Density or Planned Developments), structures over twenty-five (25) feet in height 5
shall be setback a distance equal to the height of the structure. 6
TA17-01 Staff Summary Page 2 of 6
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1. Required setback = (Building Height) x (2.75) 8
2. Reductions in setbacks 9
(i) The required setbacks may be reduced as specified in Section 62. In 10
no case, however, shall the minimum setback be less than 25 feet. 11
3. Uses in the yards 12
(i) The part of the yard adjacent to the residential uses shall be used 13
only for buffer strips and as specified in Section 62 14
15
(B) Attached Residential development adjacent to any existing detached residential 16
structure or platted lot (not including Mobile Home Parks, Planned Developments, or 17
other High Density developments, shall meet the following additional requirements: 18
19
1. The density within the 200 foot wide strip in the High Density development 20
adjacent to the existing detached residential development shall be no 21
greater than three times the maximum performance residential density 22
permitted within the existing detached residential development. 23
2. The minimum required setback for attached dwelling units within this strip 24
from the existing detached residential development shall be calculated as 25
follows: 26
27
a. Required setback = (Building Height) x (3.73) 28
b. The required setbacks may be reduced as specified in Section 62. In 29
no case, however, shall the minimum setback be less than 50 feet. 30
c. The part of the yard adjacent to the existing detached residential 31
use shall be used only for buffer strips and as specified in Section 32
62. (3/5/90) 33
34
(C) (B) In no case shall any part of a detached single-family dwelling unit be located closer 35
than ten (10) feet to any part of any other detached single-family dwelling, and in 36
no case shall any part of a multiple dwelling unit be located closer than twenty (20) 37
feet to any part of another dwelling unit. (6/1/92) 38
Staff’s Position
Currently, when high density developments are located adjacent to a detached single-family
development, the setback is based on the height of the structure and the housing type. Specifically,
the required setbacks are calculated by multiplying the structure’s height by either 2.75 or 3.73.
For a typical 35-foot-tall, three-story apartment building, the Zoning Ordinance would require a
setback of 130 feet.
When comparing the setback requirements to other similar or nearby communities’ multi-family
standards, staff found that the county’s requirements are by far the strictest:
Multi-Family Setbacks
Community Required Setback
Wilmington Setbacks range from 5 to 35 feet depending on property line (front,
side, or rear) and zoning district. Setbacks are increased when
TA17-01 Staff Summary Page 3 of 6
buildings exceed 35 feet in height. Maximum building height is 96
feet.
Guilford County Sides: 10 feet. Rear: 25 feet. Front: 25-95 feet depending on the
street classification, zoning district, and height of the structure.
Wake County
No additional setbacks for multi-family developments. However,
multi-family developments generally only consist of only 2-4 unit
buildings and require additional land area. Large apartment
complexes generally must annex into a municipality in order to obtain
access to utilities.
Greenville, NC 20 foot setback along all property lines. The setback increases by
one foot for each foot in height the structure is over 35 feet tall.
Pender County Setbacks are determined by the Planning Board and Board of
Commissioners through the rezoning process.
The current text also limits the density of high density developments containing attached housing
units when they are located within 200 feet of an existing detached residential structure or platted
lot. Specifically, the density within this area must be no greater than three times the maximum
density allowed in the adjacent detached residential development. For example, a high density
development would only permit 7.5 dwelling units per acre in the 200 foot “density fringe area”
abutting a detached residential development in the R-15 zoning district, which permits 2.5 dwelling
units per acre.
The proposed text would reduce the setback requirement and completely remove the “density
fringe area”. The proposed setbacks would be from 25 feet up to the height of the structure, which
is currently a maximum of 35 feet. However, the applicant is requesting the maximum height
requirement of the high density developments to be increased to 40 feet as explained in Part 2 of
this summary.
With the adoption of the 2016 Comprehensive Plan, high density mixed use developments are
encouraged in many areas of the county. As previously stated high density developments are
permitted in areas classified as Employment Center, Urban Mixed Use, and Community Mixed Use
on the county’s Future Land Use Map. These classifications, or place types, promote compatible
uses to be located next to one another in order to make alternative modes of transportation more
viable.
The current setbacks and density requirements may hinder the type of development promoted in
the Comprehensive Plan from locating in the areas where they are most appropriate. Suitable areas
would include the infrastructure (transportation network, utilities, and supporting nonresidential uses)
to support multi-family development and overall, the mixed use development pattern which
promotes alternative modes of transportation and maximizing the efficient use of land.
Further, these high density developments require review from the Planning Board and Board of
Commissioners, either through the special use permit process or through a rezoning to the PD zoning
district. These processes provide for the opportunity for potential impacts of the proposed
development to be closely examined, and if determined to be necessary, additional conditions like
increased setbacks can be added.
Therefore, staff is supportive of this portion of the proposed amendment.
TA17-01 Staff Summary Page 4 of 6
PART 2 – MAXIMUM HEIGHT
Proposed Text
Red and Underline/Strikethrough – Petitioner’s Proposed Additions/Deletions
Article VII: Provisions for Uses Allowed as Special Uses – Section 72-43: High Density Development
(11) Maximum allowable height for structures shall be forty (40) 35 feet. However, the maximum 1
allowable height for piling supported primary structures which are located in "Coastal High 2
Hazard Areas, V-Zones" and/or Ocean Hazard Areas as defined by the Coastal Resources 3
Commission shall be 44 feet. (10/5/92) 4
Staff’s Position
Currently, the Zoning Ordinance limits the height of structures depending on the type of
development or the zoning district in which it is located. The current maximum height standards of
the county’s zoning districts are as follows:
Zoning District Residential
Districts* B-1 B-2 O&I SC AI I-1 I-2
Maximum Height in
Feet 35 35 40 40 none 35 40 none
*AR, RA, R-20S, R-20, R-15, R-10, & R-7
Typically, local governments have established maximum height standards to ensure adequate fire
protection. Some firefighting apparatuses may only be able to effectively serve a 35-foot-tall
structure, hence the requirement. Staff has confirmed with the county’s Fire Services Department
that the county’s fire departments can provide fire protection to 40-foot-tall structures.
The 2016 Comprehensive Plan encourages structures of up to seven stories in height in certain areas.
Therefore, staff is supportive of this portion of the proposed amendment.
PART 3 – Buffer Strips
Proposed Text
Red and Underline/Strikethrough – Petitioner’s Proposed Additions/Deletions
Article VI: Supplementary District Regulations – Section 62.1-4: Additional Requirements for Berms
and for Yards in which Buffers are Required
(1) Location of Buffer Strips – Buffer strips shall be required to screen any non‐residential use 1
from any residential use or district. Buffer strips shall also be required to screen any 2
residential use or district from any attached housing development or mobile home park or 3
High Density Development or Planned Development Buffers strips shall also be required 4
to screen the below developments from the adjacent land uses: 5
6
TA17-01 Staff Summary Page 5 of 6
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New Development of Subject Site Must Provide Buffer Strips From:
Attached residential developments;
Mobile home parks;
High density developments; or
Planned developments.
Detached or duplex residential
structure;
Undeveloped residentially zoned
land within the General Residential
or Rural Residential place types;
Platted residential lots; or
Proposed residential lots included
within an approved and valid
preliminary plat for a major
subdivision.
8
In addition, staff noticed potentially confusing organization of the screening standards in the Zoning
Ordinance. These standards require items like dumpsters and HVAC units to be screened from
adjacent properties or right-of-ways. Currently, these standards are located in the buffer strip
section, however the required screen is technically not a buffer strip. In an effort to provide better
clarity to the applicability of these standards, staff is proposing to relocate them to their own section
of the Zoning Ordinance:
Red and Underline/Strikethrough – Petitioner’s Proposed Additions/Deletions
The following subsections of section 62.1-4 shall be relocated to a new section: 62.1-4.1: Additional
Screening Requirements
(51) Uses in the rear and side yards abutting a residential use - The following uses shall be 1
shielded from view from the property line of the residential use by means of a 100% 2
opaque solid wall. 3
1. dumpsters or other trash holding areas 4
2. outside storage areas 5
3. loading/unloading areas 6
4. heating/air conditioning units, including roof mounted units. 7
8
In addition, all lights shall be shielded in such a manner that light from the fixture will not 9
directly radiate into the buffer strip or beyond adjacent property. 10
11
(72) Screening for Dumpsters and Outside Storage along Public Right-0f-Ways The following 12
uses shall be screened from the view of any public right-of-way or adjacent property. 13
Screening shall be at least 8 ft. in height and may consist of living and nonliving material 14
as specified in this section. 15
1. The rear side of a building where that side abuts a street right-of-way, or any 16
dumpster or trash receptacle storage area used in connection with any business 17
establishment. 18
2. Any outside storage area for vehicles awaiting repair in connection with any 19
automotive or motor vehicle repair business, where the number of such vehicles 20
exceeds five. 21
3. Any outside storage area for any equipment used in excavation, building site 22
preparation, or construction. No part of any New Hanover County Zoning Ordinance 23
Page 138 equipment stored in such area may project above the screen. (7/01)24
TA17-01 Staff Summary Page 6 of 6
Staff’s Position
Currently, the Zoning Ordinance requires high density developments to install a buffer strip along
all property lines that abut a residential land use or a residential zoning district. The intent of
buffering requirements is to mitigate the potential impacts a more intensive land use would generate
on a less intensive land use. However, as written, the Zoning Ordinance requires bufferyards
between certain like uses: high density, attached residential, mobile home parks, and planned
developments.
The proposed text would help clarify when buffer strips are to be required for these types of
developments. Specifically, a buffer must be installed when the subject property is adjacent to
existing or approved detached or duplex residential structures, or undeveloped residentially zoned
land within the General Residential or Rural Residential place types. These two place types allow
for lower density developments consisting of 1-6 dwelling units an acre.
It is important to note that the Zoning Ordinance limits the intensity of high density, mobile home
parks, and planned developments depending on the place type in which they are located. As
previously stated, high density developments are only permitted in the Urban Mixed Use,
Community Mixed Use, and Employment Center place types, and must have access to major or
minor arterial street.
Overall, the proposed text moves closer to meeting the intent of buffer strips, which again is to
mitigate the potential impacts a more intensive land use would generate on a less intensive use.
Also, there is the opportunity for additional buffering to be required through the special use permit
and rezoning process.
Therefore, staff is supportive of this portion of the proposed amendment.
STAFF RECOMMENDATION
Staff recommends approval of the requested amendments. Staff concludes that the application
is:
1. Consistent with the purposes and intent of the 2016 Comprehensive Plan because it
promotes mixed use development patterns that are encouraged throughout the Plan.
2. Reasonable and in the public interest because the proposal updates outdated requirements
that may hinder mixed use development patterns; which promote business success, maximize
the efficient use of land, and support alternative modes of transportation, reducing the
dependency on the automobile.