S18-01 Staff Summary BOC 4.2.2018S18-01 Staff Summary BOC 4.2.2018 Page 1 of 10
STAFF SUMMARY OF S18-01
SPECIAL USE PERMIT APPLICATION
APPLICATION SUMMARY
Case Number: S18-01
Request:
Special use permit in order to develop a high density development
Applicant: Property Owner(s):
Stephanie Norris of Otter Creek Partners, LLC GL & SM Limited Partnership
Location: Acreage:
9533 & 9617 River Road 7.31
PID(s): Comp Plan Place Type:
R07600-002-068-000
R07600-002-016-000 Urban Mixed Use
Existing Land Use: Proposed Land Use:
Undeveloped High density development
Current Zoning:
O&I and R-15
SURROUNDING AREA
LAND USE ZONING
North Single-Family Residential (Wood Duck Forest Subdivision) R-15
East Single-Family Residential (Highgrove Estates) R-15
South Undeveloped, Single-Family Residential, Myrtle Grove
Presbyterian Church O&I, R-15
West Undeveloped, Myrtle Grove Shopping Center O&I, B-2
S18-01 Staff Summary BOC 4.2.2018 Page 2 of 10
ZONING HISTORY
April 7, 1971 Initially zoned R-15 (Area 4)
February 1, 1999 Vast majority of the subject property rezoned to O&I (Z-646)
COMMUNITY SERVICES
Water/Sewer The project will connect to CFPUA water and sewer services
Fire Protection New Hanover County Fire Services, New Hanover County Southern Fire
District, New Hanover County Mrytle Grove Station
Schools Bellamy Elementary, Codington Elementary, Myrtle Grove Middle, and
Ashley High Schools
Recreation Myrtle Grove Athletic Complex
CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES
Conservation No known conservation resources
Historic No known historic resources
Archaeological No known archaeological resources
Proposed Site Plan
This application proposes to construct a high density development consisting of 72
apartment units.
S18-01 Staff Summary BOC 4.2.2018 Page 3 of 10
Proposed Site Plan
TRANSPORTATION
Access is proposed to be provided to the subject property by Piner Road (SR 1521). Wood
Duck Circle also ends in a cul-de-sac at the subject property, however when the property
was rezoned to O&I in 1999, the property owner executed a dedication agreement which
created a fifty-foot buffer easement along the northern property line shared with the
Wood Duck Forest subdivision. The agreement states that no structures or roadways can
be development within the buffer easement. As a result, the proposed plan does not
include a street connection. Utilities are planned to connect to those already in Wood Duck
Forest.
LAND USE INTENSITY AM PEAK PM PEAK
Residential 72 units 80 72
S18-01 Staff Summary BOC 4.2.2018 Page 4 of 10
According to Section 70-2 of the Zoning Ordinance, Traffic Impact Analyses (TIA) are
required to be completed for proposals that will generate more than 100 peak hour trips
in either the AM or PM peak hours. A TIA is not required for this project due to the projected
peak hour trip generation figures being below the threshold.
The traffic impact of the project was analyzed by NCDOT during the Technical Review
Committee (TRC) process, and they have indicated that an eastbound left turn lane will
need to be installed on Piner Road at the development's access.
Traffic Counts
Road Location Volume Capacity V/C LOS
Piner Road 700 Block 14,234 18,035 0.78 D
Nearby Planned Transportation Improvements and Traffic Impact Analyses
S18-01 Staff Summary BOC 4.2.2018 Page 5 of 10
Regional Transportation Plans:
The NC State Transportation Improvement Program includes a project (U-5790) that will
widen the adjacent portion of Carolina Beach Road and construct a flyover at the
intersection of College Road and Carolina Beach Road. Construction of the project is
expected to start in 2024.
Nearby Traffic Impact Analyses:
Traffic Impact Analyses are completed in accordance with the WMPO and NCDOT standards.
Approved analyses will expire if the proposed development is not completed by the build out date
established within the TIA.
Proposed
Development Land Use/Intensity TIA Status
1. Kaylies Cove 110 Single Family Homes
Approved February 20,
2018
2019 Build Out Year
The TIA required improvements be completed at certain intersections in the area. The notable
improvements consisted of:
Installation of a eastbound right turn lane and westbound left turn lane on Piner Road
at the site’s access.
Nearby Proposed Developments included within the TIA:
None
Development Status: Under construction. Phase 1, consisting of 27 lots has been platted.
2. Tarin Woods II 414 Single-Family Homes
360 Apartment Units
Under Review
Build Out Years:
o Phase 2A (214 single-
family homes): 2018
o Phase 2B (total units):
2020
The TIA recommends improvement be completed at certain intersections in the area. The
notable improvements consist of:
Extension of the westbound duel right turn lanes at Kings Highway and Carolina Beach
Road.
Optimization of signal timing and conversion of the westbound movement to a right-turn
only at Sanders Road and Carolina Beach Road.
Nearby Proposed Developments included within the TIA:
River Lights (20%)
Beau Rivage Update TIA
Development Status: Under construction. Phase 1, consisting of 51 lots, has been platted
S18-01 Staff Summary BOC 4.2.2018 Page 6 of 10
3. Trinity Landing 220 senior adult housing
dwelling units and amenities
Approved June 23, 2017
2020 Build Out Date
The TIA required improvements be completed at certain intersections in the area. The major
improvements consisted of:
Installation of a northbound right turn lane on Masonboro Loop Road at the site’s access.
Nearby Proposed Developments included within the TIA:
None
Development Status: No construction has started at this time
4. Helms Port 159 single-family dwellings Approved April 8, 2014
2016 Build Out Date
The TIA required improvements be completed at certain intersections in the area. The major
improvements consisted of:
Installation of a northbound right turn lane on Masonboro Loop Road at the site’s access.
Installation of a three lane cross-section with one ingress and two egress lanes at the site’s
access.
Nearby Proposed Developments included within the TIA:
None
Development Status: Completed
5. The Village at
Mott’s Landing
Phase I & II
389 single-family dwellings
24 duplex homes
Approved February 26, 2014
2018 Build Out Date
The TIA required improvements be completed at certain intersections in the area. The major
improvements consisted of:
Installation of a southbound right turn lane and directional left-over on Carolina Beach
Road at the site’s access.
Nearby Proposed Developments included within the TIA:
None
Development Status: Completed
S18-01 Staff Summary BOC 4.2.2018 Page 7 of 10
ENVIRONMENTAL
The property does not contain any Special Flood Hazard Areas, wetlands, or Natural
Heritage Areas.
The subject property is within the Motts Creek (C;Sw) watershed.
Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on
the property consist of Class I (suitable/slight limitation) soils.
2016 COMPREHENSIVE LAND USE PLAN
The New Hanover County Future Land Use Map provides a general representation of the vision
for New Hanover County’s future land use, as designated by place types describing the character
and function of the different types of development that make up the community. Specific goals
of the Comprehensive Plan are designated to be promoted in each place type, and other goals
may be relevant for particular properties.
Future Land Use
Map Place Type Urban Mixed Use (and Monkey Junction Growth Node)
Place Type
Description
Promotes development of a mix of residential, office, and retail uses at
higher densities. Types of uses encouraged include office, retail, mixed use,
small recreation, commercial, institutional, single-family, and multi-family
residential.
S18-01 Staff Summary BOC 4.2.2018 Page 8 of 10
Analysis
Urban Mixed Use areas, especially the three designated growth nodes, are
intended to provide a mixture of commercial services and higher density
housing at more urban scales. Moderate density residential developments,
like the 10.2 units/acre proposed project, are recommended for this place
type.
In addition, the subject property directly abuts the General Residential
place type and an existing residential neighborhood. Higher density
residential is appropriate in such transitional areas because it can serve as
a transition between the higher-intensity commercial uses in an Urban Mixed
Use area and adjacent residential neighborhood.
Consistency
Recommendation
The proposed high density development is gennerally CONSISTENT with the
Urban Mixed Use place type. It provides housing at densities consistent with
what is encouraged in this place type and can serve to transition between
the higher intensity commercial uses intended for this place type and existing
residential neighborhoods.
PLANNING BOARD ACTION
The Planning Board considered this application at their March 1, 2018 meeting. Ten residents spoke
in opposition to the application, citing concerns over traffic, property values, and access to the
Wood Duck Forest subdivision.
The Planning Board recommended approval (4-0) of the application with the following conditions:
1. A sidewalk must be constructed along the driveway connecting the apartment buildings to
the Piner Road right-of-way.
2. All traffic improvements required as part of NCDOT’s driveway permit must be installed in
accordance with NCDOT’s standards prior to the issuance of a Certificate of Occupancy.
3. No street or vehicular connection shall be constructed to Wood Duck Circle. Utilities,
however, may connect to the existing lines within Wood Duck Forest.
4. A six-foot-tall opaque fence must be installed between the built-upon areas of the
development and the eastern, western, and northern property lines. The fencing along the
northern property line must be installed either directly on the property line or outside of the
50-foot buffer easement existing on the property along the boundary with the Wood Duck
Forest subdivision.
STAFF PRELIMINARY CONCLUSIONS AND FINDINGS OF FACT:
Staff has conducted an analysis of the proposed use and the information provided as part of the
application package and has created preliminary findings of fact for each of the conclusions
required to be reached to approve the special use permit request. These preliminary findings of
fact and conclusions are based solely on the information provided to date, prior to any information
S18-01 Staff Summary BOC 4.2.2018 Page 9 of 10
or testimony in support or opposition to the request that may be presented at the upcoming public
hearing at the Board meeting.
Finding 1: The Board must find that the use will not materially endanger the public health or
safety where proposed and developed according to the plan as submitted and approved.
A. The site is accessed from Piner Road, a minor arterial street that is operating at an
acceptable Level of Service.
B. Water and sewer services must be provided and designed in accordance with CFPUA’s
standards.
C. The subject property is located in the New Hanover County South Fire Service District.
D. The site is not located within any Special Flood Hazard Area.
E. The proposed development is not estimated to generate enough traffic to require a Traffic
Impact Analysis be conducted.
F. A driveway permit must be obtained from NCDOT.
Staff Suggestion: Evidence in the record at this time supports a finding that the use will not materially
endanger the public health or safety where proposed.
Finding 2: The Board must find that the use meets all required conditions and specifications of
the Zoning Ordinance.
A. The site is zoned O&I, Office and Institutional District, and R-15, Residential District.
B. High density developments are allowed by special use permit in the O&I and R-15 zoning
districts.
C. The site plan has been reviewed by the Technical Review Committee and complies with all
applicable technical standards including Zoning Ordinance Section 72-43: High Density
Development.
Staff Suggestion: Evidence in the record at this time supports a finding that the use meets all of the
required conditions and specifications of the Zoning Ordinance.
Finding 3: The Board must find that the use will not substantially injure the value of adjoining
or abutting property or that the use is a public necessity.
A. The surrounding area contains a mixture of land uses including residential, institutional, and
commercial.
B. No evidence has been submitted that this project will decrease the property values of
adjacent or nearby properties.
Staff Suggestion: The evidence in the record at this time supports a finding that the use will not
substantially injure the value of adjoining or abutting property.
S18-01 Staff Summary BOC 4.2.2018 Page 10 of 10
Finding 4: The Board must find that the location and character of the use if developed according
to the plan as submitted and approved will be in harmony with the area in which it is to be
located and in general conformity with the plan of development for New Hanover County.
A. The 2016 Comprehensive Plan classifies the area proposed for the development as Urban
Mixed Use, and the proposal aligns with the intent of this land use classification. The
proposal provides housing at densities consistent with what is encouraged in this place type
and can serve to transition between the higher intensity commercial uses intended for this
place type and existing residential neighborhoods.
B. The proposal includes the installation of a sidewalk to Piner Road, a roadway that the
Wilmington/New Hanover County Comprehensive Greenway Plan recommends for a future
multi-use path to be constructed.
Staff Suggestion: Evidence in the record at this time supports a finding that the use is general conformity
with the plan of development for New Hanover County.
Staff Suggested Conditions
1. A sidewalk must be constructed along the driveway connecting the apartment buildings to
the Piner Road right-of-way.
2. All traffic improvements required as part of NCDOT’s driveway permit must be installed in
accordance with NCDOT’s standards prior to the issuance of a Certificate of Occupancy.
3. No street or vehicular connection shall be constructed to Wood Duck Circle. Utilities,
however, may connect to the existing lines within Wood Duck Forest.
4. A six-foot-tall opaque fence must be installed between the built-upon areas of the
development and the eastern, western, and northern property lines. The fencing along the
northern property line must be installed either directly on the property line or outside of the
50-foot buffer easement existing on the property along the boundary with the Wood Duck
Forest subdivision.