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HomeMy WebLinkAboutZ21-08 Hanover Reserve PD_Terms and Conditions Document 052421 - July 2021Proposed Master Planned Development Terms & Conditions Hanover Reserve Mixed Use Date: 06/01/21 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 in detail as on the development plans represent the proposed Planned Development (PD) Zoning district. The detail of the proposed zoning district requirements is represented on the Master Planned Development (MPD) master plan, but this terms and conditions document generally refers to the broad category of use as Commercial, Retail, Restaurant, Office, Mixed Use, Multi-Family, and/ or Townhomes. The uses, and other regulations and conditions approved with this terms and conditions document and the MPD may be amended or modified in accordance with County requirements as necessary. 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 MPD, including any density/intensity standards, dimensional standards, and development standards: a) Maximum density permitted in Planned Development (PD) District – 17 dwelling units maximum per acre (du/ac). Total site area is 62.77 acres, maximum number of dwelling units would be1067 units. b) Proposed maximum density of residential units on this MPD PD is 473 total dwelling units, or 7.54 du/ac. c) The project shall be developed in accordance with County, state, and federal building, and environmental regulations. d) Sidewalks will be provided in ways that promote pedestrian safety and access through the site. i. One component of the proposed plan includes coordinating with NCDOT to develop an extension of the multi-use path (MUP) along the Military Cutoff Extension corridor which is currently projected to end adjacent to the project boundary. ii. The potential extension of the MUP is estimated at least 8’ wide along one side of the proposed Murrayville Road extension. Murrayville Road extension is identified as the portion of road connecting to the end of the existing Murrayville Road and continuing to the intersection with the Military Cutoff Extension roadway. iii. The developer would coordinate with NCDOT and New Hanover County to identify a safe crossing across Military Cutoff Extension from the MUP to the developer’s proposed Murrayville Road MUP. At this time, the developer suggests working with NCDOT on a full movement signalized crossing at the Murrayville, Military Cutoff Extension intersection. 3. Conditions related to the approval of the MPD Master Plan, including any conditions related to the form and design of development shown in the MPD Master Plan: a) Vehicular access from the master planned development site through to Murrayville Road extension is open to the public with no gated access. b) The developer reserves the right to construct a gated access to the multi-family site to be accessed by residents of the MPD and by emergency vehicles. c) Existing vegetation will be augmented as required to meet opacity standards within the project’s twenty-foot (20') buffer (depicted on the MPD Master Plan). The buffer is 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. d) Military Cutoff Extension is built far higher than the subject property on either side of it. While some fill may occur, it is not anticipated that the subject property will be raised level with Military Cutoff Extension. As such, street yard area along Military Cutoff Extension shall be provided as follows: i. Provide 18 square feet of street yard area for every linear foot of street frontage along Military Cutoff Extension (minimum width of 9', max width of 27'). Measurement shall begin from: the edge of right of way, from toe of slopes steeper than 4’:1’ or from project side edge of utility easements. ii. Fencing or walls shall be allowed between Military Cutoff Extension and PD uses as specified here: multi-family, residential, senior care facilities, and storage areas. iii. Driveways shall not be included in the calculation of street frontage. iv. 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. v. 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. vi. 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. vii. For every six hundred (600) square feet of street yard area, the following landscaping shall be provided: viii. 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 within the street yard area, planting requirements will follow the utility company’s guidelines for planting under power lines; and ix. Six shrubs, 12” in height at time of planting. x. 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. xi. 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. e) Street yard area along Murrayville Road Extension shall be provided as follows: i. The street yard along Murrayville Road is intended to create a streetscape integrating the street yard landscape with the MUP as well as the plazas, courtyards, outdoor dining facilities, and entrances to proposed businesses. Buildings are encouraged to be close to the right of way or provide outdoor seating, dining, courtyards, fountains, or other amenities. As such, the project proposes a creative standard for the Murrayville Extension streetscape. That standard shall be defined as follows: ii. Provide street yard landscaping between Murrayville Road Extension and face of building. iii. Provided that the building face is not more than 60’ from the right of way or that the building facing Murrayville Road Extension creates a landscaped outdoor space accessible by pedestrian from the MUP, any landscape, except turf grass, planted along the corridor can count toward the street yard landscape and must contain at least: • 1 canopy tree per sixty (60) linear feet of street yard; • 24 landscape plants 12” in height or greater, including shrubs and/or ornamental grasses, but excluding turf grass, per sixty (60) linear feet • Contain at least eighteen (18) square feet of street yard area for every linear foot of street frontage along Murrayville Road Extension • Plants may be grouped together or otherwise distributed provided that the frontage for each building accounts for that building’s street yard within the associated parking and street facade • Parking island landscaping within 60’ of the Murrayville Road Extension right of way may be counted toward street yard landscaping, but in no case can a façade be void of landscape between the right of way and the building iv. If no pedestrian access is created from Murrayville Road Extension MUP to the face of the building, the landscape within 60’ of the right of way defaults to the same streetscape standards as Military Cutoff Extension streetscape or must contain at least the following or: • 1 canopy tree per sixty (60) linear feet of street yard • 12 landscape plants, including shrubs and/or ornamental grasses but excluding turf grass, per sixty (60) linear feet • Contain at least eighteen (18) square feet of street yard area for every linear foot of street frontage along Murrayville Road Extension • Any portion of a parking island’s landscaping within 60’ of the Murrayville Road Extension right of way may be counted toward street yard landscaping • Plants may be grouped together or otherwise distributed provided that the frontage for each building accounts for that building’s street yard within the associated parking and street facade v. Parking shall be allowed in area between building and Murrayville Road Extension provided that pedestrian access along the MUP is not impeded. vi. Driveways shall not be included in the calculation of street frontage; vii. The area of any walkways, sidewalks or other bicycle and pedestrian facilities, and transit amenities beyond the MUP shall be subtracted from the base street yard area required to get the total required street yard area; viii. 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 no building façade is void of landscape between the building face and right of way and as long as the landscape remains in compliance with the requirements outlined above. f) 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. g) 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. 4. 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 approval of road design and driveway permit will be acquired prior to any access to Military Cutoff Extension or Murrayville Road Extension. b) Potable water and wastewater for the project will be provided by Cape Fear Public Utility Authority ("CFPUA"). Developer has been and will continue to coordinate with CFPUA and potentially other property owners in the vicinity to address a solution for services to this project site. c) 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. d) Stormwater easements will be 20’ wide max. unless proven wider easements are a necessity. e) If allowable by utility providers, utilities may be placed in underground utility vaults or banks to enhance streetscape and minimize utility conflicts. Developer will coordinate with utility providers to determine requirements and regulations and gain authorization to construct. f) 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 MPD. 5. Provisions related to environmental protection and monitoring: a) Any 404 wetlands determined to exist on the site will be delineated and 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. 6. Any other provisions relevant and necessary to the development of the MPD in accordance with applicable standards and regulations: a) The Residential Use areas of the MPD may be used for any purpose permitted under the applicable zoning regulations except that the following Residential uses will not be permitted: i. Mobile Home; ii. Mobile Home, Doublewide; iii. Mobile Home Park; iv. Mobile Home Subdivision b) The Mixed-Use areas of the MPD may be used for any Commercial purpose permitted under the applicable zoning regulations, except that the following uses will not be permitted: i. Animal Shelter; ii. Kennel; and iii. Vehicle Towing Service c) In addition to the Commercial uses permitted by applicable zoning regulations, subject to these terms and conditions, the following Office, Civic and Institutional, Educational Services, and Health Care Facilities uses shall be permitted in the Mixed-Use and Commercial areas of the MPD: i. Adult Day Care; ii. Child Care Center; iii. Family Child Care Home; iv. Community Center; v. Contractor office/maintenance facility/storage/holding yard vi. Library; vii. Lodges, Fraternal, & Social Organizations; viii. Museum; ix. Post Office; x. Senior Living , Assisted Living, Continuing Care, or Retirement Community xi. Hospital, Medical, and Dental Office and Clinic; and xii. Nursing and Rehabilitation Center d) In addition to the Commercial and other uses listed previously, uses permitted by applicable zoning regulations, subject to these terms and conditions, the following Industrial and limited Manufacturing uses, or other uses not expressly outlined in the principal use table shall be permitted in the Mixed-Use and Commercial areas of the MPD: i. Broadcasting and Production Studio; ii. Research and Development Facility; iii. Artisan Manufacturing; iv. Beverage Manufacturing; v. Mini-storage/self-storage vi. Printing and Related Support Activities; vii. Office/Flex warehouse viii. Watercraft and watercraft accessories and RV storage (if fenced/gated), includes drystack facilities ix. Wholesaling. 7. Compensating community benefits as identified by the PD zoning district in the New Hanover County Unified Development Ordinance (UDO) 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. This project’s proposed compensating community benefits are as follows: This project proposes utilizing: Improved Design, Improved Connectivity for Pedestrians and/or Vehicles Mixed-Use Development Expansion of County-Wide Parks and Recreation Opportunities Transportation Facilities The use of architectural design that exceeds any minimum standards established in the 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. • This project has four main components all contributing to improved design. 1. Building a roadway connection that can alleviate traffic congestion in the northern part of New Hanover County. 2. The extension of Murrayville Road which moves the County closer to achieving its 2045 transportation goals in extension of the Road to the east. This opens up opportunities for public/private partnership to further vehicular and pedestrian transportation/recreation corridors. 3. A mixed use community developed in a newly opened commercial growth node created in the county by the Military Cutoff Extension (MCE) corridor. 4. A cohesively designed project offering a variety of housing types that act as a transition from the proposed commercial/mixed use areas to the existing single-family homes and undeveloped land in the area. Project’s Compensating Community Benefits Defined: • Specifically addressing the architectural design within this proposed Community Mixed Use area of the county: The roadway connection is not only focused on vehicles. While the roadway connection will create significant positive impacts to the County as a whole, the road design will also include sidewalks/paths integrated into the overall proposed PD development which enhances pedestrian and bicycle use. This could be a public/private partnership to create a multi-use path (MUP). The sidewalks and paths are intended to be integrated into the plazas and landscape streetscape along Murrayville Road to create a welcoming streetscape. The applicant intends to introduce safe corridors for the pedestrians to access and interact with the proposed retail/office/restaurant pocket parks, courtyards, and outdoor dining areas. This multi-faceted roadway design will set the tone for the entire development and create a walkable community accessible by sidewalks among and landscaped corridors. Beyond the connectivity, the mixed-use project will be cohesively designed, meaning the master planned community can create common design themes tying the community together and smoothly transitioning more intensive commercial uses to smaller scale retail, restaurant, and mixed-use buildings to multi-family to townhomes before abutting the existing undeveloped and single-family neighborhoods in the area. • Road Connectivity: The project is planning both improved design in the architectural and landscape architectural design as well as an improved traffic design for the area. The developers of this project have worked with New Hanover County planning staff and NCDOT to develop a plan to extend an existing dead-end road, Murrayville Road, to the Military Cutoff Extension (MCE) which is currently under construction. All parties recognized the potential for a commercial node at a new prominent traffic corridor, the MCE. The developer’s plans include extension of the Murrayville Road Extension running through the project as a public right of way to be dedicated to NCDOT. This connection provides a much-needed alternative route for a large number of residents in northern New Hanover County. Currently, northern New Hanover County relies heavily on connections to Market Street to get out of their neighborhoods and out to shopping, dining, and entertainment. By converting a dead-end road into an extended road accessing the primary traffic corridor to alleviate traffic on Market Street, especially in the northern part of the county. • Improved Connectivity for Pedestrians and/or Vehicles and Expansion of County-Wide Parks and Recreation Opportunities: Additional connections to existing roads, sidewalks and paths allowing for bicycle and pedestrian facilities will be provided to improve connectivity internal to the development and, in appropriate places, 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. Murrayville Extension and the developer’s on-going work with NCDOT and County staff to plan the Murrayville Road Extension will further secure improved connectivity beyond the borders of the Murrayville area neighborhoods. This project will build an important connection of the County’s 2045 transportation plan that could link the Murrayville residents to the regional County amenity of Ogden Park, Market St, and future growth nodes. The developer is open to discussing private/public partnerships extending multi-modal connections through the development to expand recreation opportunities beyond this development and recognizes the Military Cutoff Extension as a key way to connect a large section of New Hanover County to goods and services without overloading existing roadways. The road will help alleviate congestion in this portion of the County and will form an alternate route to and from area neighborhoods to goods and services within this project and beyond. • Mixed-Use Development. The proposed development will have a mixture of residential and commercial uses and product types all integrating well thought out design for a variety of residents both in our existing communities and travelers passing through on the future connected bypass network. The mixture of uses will be fully determined as the market drives demand, but the product types identify the myriad of uses possible in the community. However, there could be vertically integrated mixed-use buildings planned as well. These buildings, if constructed as envisioned at this time, will likely be a significant part of the streetscape along Murrayville Road Extension. It is these buildings that will drive the design of the community focusing on streetscapes. Those streetscapes assign identity to a project, create spaces in which we can all can partake, and create opportunities to link a variety of goods and services to both existing and newly created community. Mixed-use projects like this one will create parks and recreation opportunities in integrated paths, plazas, courtyards, amenities, and open spaces. These developments also offer a variety of housing types to support a range of incomes and lifestyles as well as supporting and existing, well-established, and thriving single-family community in nearby neighborhood. • Other community benefit that would provide benefits to the development site and the citizens of the County, generally. The northern part of New Hanover County is primarily large tracts of vacant land, many tracts without paved roads or adequate access to property and major road networks. One reason for this portion of the county being undeveloped or at the edge of development is the lack of available sewer to support commercial and denser residential development. This project is actively seeking solutions in linking sewer to a this development, a potential major commercial and mixed-use hub in New Hanover County. The community benefits are that sewer could be available to a new section of New Hanover County opening-up an area for expanded tax base. Improved road connectivity within New Hanover County and nearby counties will be constructed without drastic impacts on existing road infrastructure. Goods and services, dining and entertainment will be offered to a large section of existing homes in northern New Hanover County, all with infrastructure built by and because of this project. While this is new development, it is smart development in all the ways our County’s future land use plan targets as goals and planning guidelines. This project offers so many benefits to the neighboring community by virtue of location and commitment to finding the right infrastructure improvements to better our County as a whole.