Z21-01 Proposed Master Plan - Terms and Conditions Document 2.9.2021Proposed Master Development Plan Terms & Conditions
Dry Pond Partners, LLC – 5601 South College Road
1. Conditions related to approval of the application for the master planned
development zoning district classification:
a) The use, density of use, and maximum building heights for the areas
depicted as "Mixed Use Building"; "Multi-Family Apartment Homes";
"Townhomes"; "Commercial Outparcel"; "Townhomes/Duplex/Triplex"; and
"Single Family Lots" shall comply with the approved Master Development
Plan ("MDP") as the MDP may be amended or modified in accordance
with County requirements from time to time;
b) The use and development of the subject property shall comply with all
applicable regulations and requirements imposed by the New Hanover
County Unified Development Ordinance ("UDO"), and any other
applicable federal, state, or local law;
c) Approval of this rezoning does not constitute technical approval of the site
plan. Issuance of all required permits must occur prior to construction
commencing.
2. References to the MDP, including any density/intensity standards,
dimensional standards, and development standards:
a) Maximum density permitted in Planned Development ("PD") District –
seventeen (17) dwelling units per acre ("DUAC"). Total site area is 64.28
acres, maximum number of dwelling units would be 1092.
b) Proposed maximum density of residential units on this MDP is 460 total
units, or 7.16 DUAC.
c) The project shall be developed in accordance with County, state, and
federal building and environmental regulations, including compliance
with the current open space requirements.
d) Sidewalks will be provided along both sides of the roads within the
development at a width of five feet (5'), except for portions of roads
adjacent to the "Utility Easement" depicted on the MDP Master Plan,
where sidewalks will be limited to one side of the road.
3. Conditions related to the approval of the MDP Master Plan, including any
conditions related to the form and design of development shown in MDP
Master Plan:
a) Vehicular access from the master planned development site through to
Whiskey Branch Drive is gated for use only by emergency vehicles and
owners in the existing Whiskey Branch planned community;
b) An access point for pedestrian and bicycle use will be provided through to
the site from the existing Bullitt Lane.
c) Existing vegetation will be left undisturbed in the depicted twenty foot
(20') buffer, subject to the applicant's right to install required utilities and
infrastructure and make any changes required by this zoning. To the
extent necessary to satisfy County standards, additional vegetation, as
well as fencing, will be added to the buffer area sufficient to establish
required opacity in areas adjacent to residential uses.
4. Street yard area along College Road shall be provided as follows:
a) Provide eighteen (18) square feet of street yard area for every linear
foot of street frontage along College Road (minimum width of 9', max
width of 27').
i. Driveways shall not be included in the calculation of street
frontage;
ii. The area of any walkways, sidewalks or other bicycle and
pedestrian facilities, and transit amenities shall be subtracted
from the base street yard area required above to get the total
required street yard area;
iii. The applicant may choose to increase the required square
footage per linear foot up to twenty-five percent (25%) to receive
an equivalent reduction in the building’s front yard setback;
iv. The applicant may install the street yard in any configuration
that provides the required amount of street yard square footage
between the property line and any site improvements as long as
it remains in compliance with the minimum and maximum
widths outlined above.
b) For every six hundred (600) square feet of street yard area, the
following landscaping shall be provided:
i. One canopy/shade tree a minimum of three inches (3”) caliper in
size OR three (3) understory trees a minimum of six (6) feet in
height at time of planting, if overhead power lines are located
above the street yard; and
ii. Six shrubs, 12” in height at time of planting.
c) If there are existing trees of a minimum two inches caliper size in the
proposed street yard, the Planning Director may grant credit toward
meeting tree preservation requirements.
d) Walkways, sidewalks, or other bicycle and pedestrian facilities,
fountains, walls or fences, and transit amenities shall be permitted
within the street yard; however, parking areas shall not be permitted.
5. Provisions addressing how transportation, potable water, wastewater,
stormwater management, and other infrastructure will be provided to
accommodate the proposed development:
a) Transportation will be provided by access to public rights of way. A
NCDOT driveway permit will be acquired prior to any access to College
Road.
b) Potable water will be provided by Cape Fear Public Utility Authority
("CFPUA").
c) Wastewater services will be provided by CFPUA.
d) Stormwater will be managed on site in accordance with NCDEQ
restrictions and regulations, will comply with all County and State
regulations, and any permit issued for the site. The engineers who will
coordinate and implement the stormwater management plan have not yet
been selected.
e) Infrastructure will be designed in accordance with the North Carolina
building code, all other applicable government regulations, laws, and
ordinances, and developed consistent with the approved MDP.
6. Provisions related to environmental protection and monitoring:
a) Any 404 wetlands determined to exist on the site from time to time will be
handled in accordance with all applicable government regulations, laws,
and ordinances including Army Corp. of Engineers requirements. The
property owner will comply with all applicable regulations, laws, and
ordinances from local, state, and federal sources with jurisdiction over the
site.
7.Any other provisions relevant and necessary to the development of the
master planned development in accordance with applicable standards and
regulations:
a)The Residential Use areas of the MDP may be used for any purpose
permitted under the applicable zoning regulations.
b)The Mixed Use and Commercial areas of the MDP shall be used for any
Commercial purpose permitted under the applicable zoning regulations,
except that the following Commercial uses will not be permitted:
i.Animal Shelter;
ii.Adult Entertainment Establishment;
iii.Kennel;
iv.Vehicle Towing Service and Storage Yard;
v.Equestrian Facility;
vi.Campground/Recreational Vehicle (RV) Park;
vii.Farm Implement Sales;
viii.Mobile Home and Prefab Building Sales;
ix.Outdoor Boat Dealer; and
x.Outdoor Vehicle Sales.
c)In addition to the Commercial uses permitted by applicable zoning
regulations, subject to these terms and conditions, the following Civic and
Institutional uses shall be permitted in the Mixed-Use and Commercial
areas of the MDP:
i.Adult Day Care;
ii.Child Care Center;
iii.Family Child Care Home;
iv.Community Center;
v.Library;
vi.Lodges, Fraternal, & Social Organizations;
vii.Museum;
viii.Post Office;
ix.Hospital, Medical, and Dental Office and Clinic; and
x.Nursing and Rehabilitation Center
d)In addition to the Commercial and Civic and Institutional uses permitted
by applicable zoning regulations, subject to these terms and conditions,
the following Industrial uses shall be permitted in the Mixed-Use and
Commercial areas of the MDP:
i.Artisan Manufacturing.
8. Identify the proposed compensating community benefits. They may include,
but are not limited to, improved design, natural preservation, improved
connectivity for pedestrians and/or vehicles, mixed-use development, green
building practices, and dedication of land or in-lieu fee contribution.
The community will benefit from the development contemplated
herein for the following reasons identified in the New Hanover
County Unified Development Ordinance:
a. Improved Design. The use of architectural design that exceeds any
minimum standards established in this UDO or any other County
regulation, or the use of site design incorporating principals of
walkable urbanism and traditional neighborhood development,
compatible with the comprehensive plan and other adopted County
plans. The proposed development encourages a walkable urban
environment by incorporating non-vehicular access points to
adjacent properties; five foot (5') sidewalks along all internal
roads within the development other than where sidewalks
would interfere with existing utility easements; and locating
high density multi-family uses in the center of the site to
promote easier pedestrian access to nearby commercial uses
without additional vehicle trips.
b. Natural Preservation. The preservation of sensitive lands such as
natural habitats, natural features, or trees that exceed the
requirements of this UDO, when they are located on the site. Unless
required for necessary infrastructure or required by the
County's land use and building regulations, existing vegetation
that serves as a buffer between the development site and
adjacent residential uses will be left in place, including a
significant number of mature trees that current have an
average canopy height in excess of fifty feet (50'). These trees
are not required by the UDO—compliance could be obtained
with fencing or a less substantial natural area, but the natural
features will remain in substantially their original condition
with limited allowances for required infrastructure and
utilities.
c. Improved Connectivity for Pedestrians and/or Vehicles. Additional
connections to existing roads, bicycle facilities, and pedestrian facilities
that provide additional connectivity to and from the development and
existing residential and commercial development in the County,
beyond the requirements of Section 5.2, Traffic, Access, and
Connectivity. In response to neighbors' requests and in an effort
to improve connectivity for pedestrians, additional
connections to neighboring properties are being provided for
pedestrian and bicycle use. At least one of these connections
will also be accessible by a neighboring subdivision's vehicles
to allow increased connectivity to that development and
encourage a dispersal of existing vehicle trips to reduce
existing traffic.
The proposed development also offers an integrated
commercial/residential node that will serve the residents of the
development as well as the surrounding neighborhoods to
reduce the number and distance of additional vehicular trips
and offer nearby retail and commercial services to adjacent
and nearby residents.
d. Mixed-Use Development. The approval of a significant amount of
mixed-use development on the site, by ensuring that a minimum of 35
percent of the total gross square feet in the development (and 25
percent of the land area) will be developed in an integrated mixed-use
form (residential and nonresidential), with sidewalks on both sides of
the street, and street trees spaced appropriately along the street. The
proposed development will have a mixture of residential and
commercial uses within the property boundary, integrated
through pedestrian and vehicular paths to promote
interconnectivity. Integration is primarily horizontal, but
there are vertical mixed use structures included in the
proposed development plan.
e. Any other community benefit that would provide benefits to the
development site and the citizens of the County, generally. The
proposed development would be an example of successful
in-fill development; repurposing a current vacant County
parcel into a residential and commercial project designed to
provide additional housing for County residents, local
commercial and retail for those and nearby residents, and
provide a benefit to the County's tax base and citizens.
While the specific tenants are not yet identified, it is the
applicant's desire to include a gourmet grocery store, electrical
car charging station(s), a coffee shop, and a
consumer-electronics store among the retail uses that will be
available to the public.
ND: 4816-2816-4051, v. 6