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HomeMy WebLinkAboutPublic Comment Draft - Maintenance Amendment2022-01 Maintenance Amendment Public Comment Draft 1 2.1 Measurements CALCULATIONS AND ROUNDING Unless otherwise expressly stated, all calculations that result in a part or a fraction of a whole number shall round as follows: 1. Any fractional result less than 0.5 shall be rounded down to the next (lower) consecutive whole number; and 2. Any fractional result of 0.5 or more shall be rounded up to the next consecutive (higher) whole number. This method of calculation and rounding shall not apply to density calculations, for which any fraction over the density maximum shall not be allowed. 2.3 Definitions MAJOR SUBDIVISION See “Subdivision, Major”. SPECIAL PURPOSE UTILITY LOT A lot used solely for the purpose of accommodating a public utility that is not required to meet the minimum lot area, minimum lot dimensions, or minimum access requirements of the underlying zoning district. SUBDIVISION, MAJOR Any subdivision that exceeds this ordinance’s criteria for a minor subdivision and is not exempted under NCGS 160D-802. 3.1.3. Superseding Dimensional Standards G. Special Purpose Utility Lots Special purpose utility lots that do not meet the minimum lot area, minimum lot dimensions, or minimum access requirements may be approved by the Planning Director, or other applicable approval authority, under the following circumstances: 1. The use of the Special Purpose Utility Lot shall be limited to the following uses as defined in this ordinance: Electric Substation; Communications and Infrastructure uses; and General Utility Lines, Structures, and/or Facilities. 2. The use is allowed in the zoning district. 3. The use meets the required setbacks of the zoning district. 4. The use meets any use-specific standards required by this ordinance. 5. The lot has a minimum 20-foot access easement or driveway to a public or private road with an all-weather surface access point. 6. The lot meets all Unified Development Ordinance requirements for parking and loading, tree retention, landscaping and buffering, exterior lighting, signs, conservation resources, and airport height restrictions. 7. The use meets all other applicable codes. 2022-01 Maintenance Amendment Public Comment Draft 2 4.2.1 Principal Use Permissions Table 4.2.1: Principal Use Table Key: P = Permitted by Right S = Special Use Permit Required * = Specific Use Standards Apply in District blank cell = not allowed Use Zoning District Use Standards RA AR R-20S R-20 R-15 R-10 R-7 R-5 RMF-L RMF-M RMF-MH RMF-H PD UMXZ B-1 CB B-2 O&I SC SC AC I-1 I-2 Senior Living: Assisted Living Facility S* S* S* S* S* S* S* S* S* P* P* S* S* S* 4.3.2 2022-01 Ongoing Maintenance Public Comment Draft 3 5.2.4. Traffic Impact Analysis Worksheet Before a nonresidential project is submitted for site plan review, the applicant shall prepare a Traffic Impact Worksheet to the Planning Director for verification. A. Where an application the worksheet indicates estimated traffic generation of 100 or more peak hour trips according to the most current edition of the Institute of Transportation Engineers (ITE) Trip Generation Manual, the applicant shall be required to provide a Traffic Impact Analysis (TIA) in accordance with the standards, practices, and policies of the North Carolina Department of Transportation (NCDOT) and the Wilmington Urban Area Metropolitan Planning Organization (WMPO). B. If a TIA is required to be submitted, the applicant or the applicant’s consulting engineer shall follow all scoping, submittal, review, approval, and appeal procedures promulgated by the NCDOT and WMPO. request a pre-application conference with the Planning Director, the MPO Coordinator, and an NCDOT Traffic Engineer to determine the scope of the TIA. (Electronic communication among parties may be utilized to facilitate the scoping process, when necessary.) C. All TIAs shall be prepared by a licensed Traffic Engineer that has relevant professional experience to perform the analysis required for the TIA. Upon completion, the TIA shall be signed and sealed by the licensed and qualified Traffic Engineer and submitted to the Planning Director for review. (To the extent applicable, general guidance and standards for traffic impact analyses is outlined in “Traffic Impact Study Standards” originally approved by the County Commissioners on May 20, 2002.) D. The Planning Director, in collaboration with the MPO Coordinator and NCDOT, shall determine whether the TIA and proposed mitigation (if appropriate) complies with the requirements of this section, or whether additional analysis or mitigation is necessary based on identifiable cumulative impacts or special public safety situations. The collaboration shall follow procedures already established by the MPO for communication with all parties. E. The Planning Director shall notify the applicant with comments within 30 days of receipt of the final TIA. F. Once the mitigation measures are agreed upon by the MPO, NCDOT and County, the Wilmington MPO will prepare a memorandum approving the TIA, identifying the transportation improvements necessary to accommodate the proposed development. Mitigation measures required as part of the TIA acceptance shall be included in the final site plan submitted for review. G. An applicant may appeal a final decision on the mitigation required by a TIA to the Board of Adjustment, by filing an appeal request within 10 working days of a final decision, to the Board of Adjustment, in the form of a letter stating the reasons for appeal and including documentation in support of the appeal. In hearing disputes, the Board of Adjustment may request an independent study by an outside source, chosen by the County and paid for by the applicant, to resolve questions of traffic impact and appropriate mitigation. H. Nothing in this section may be construed to exempt an applicant from obtaining other applicable approvals from the NCDOT, including but not limited to a NCDOT Driveway Permit. 2022-01 Ongoing Maintenance Public Comment Draft 4 5.4.6. Street Yard Standards Table 5.4.6.B: Street Yard Area Standards Zoning District or Use Required Area B-2, CS, I-1, I-2, AC • 25 square feet for every linear foot of street yard frontage • Minimum street yard width: 12.5 feet • Maximum street yard width: 37.5 feet B-1, CB, O&I, RMF-L, RMF-M, RMF-MH, RMF-H, EDZD, UMXZ Districts Developments with Additional Dwelling Allowance or High-Density Development Special Use Permit • 18 square feet for every linear foot of street yard frontage • Minimum street yard width: 9 feet • Maximum street yard width: 27 feet Non-Residential Uses in Residential Districts • 12 square feet for every linear foot of street yard frontage • Minimum street yard width: 8 feet • Maximum street yard width: 18 feet − The road fronting width of driveways are not included in the linear street frontage when determining the base street yard area. − 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. − Areas designated for stormwater functions, except piped areas, shall not be included in the required street yard area. − The applicant may choose to increase the required square footage per linear foot up to 25 percent to receive an equivalent reduction in the building’s front yard setback. − 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. 2022-01 Ongoing Maintenance Public Comment Draft 5 5.4.7. Foundation Plantings A. Foundation plantings located between the building face and the parking lot or drive aisle shall be required for all portions of buildings adjacent to parking lots or internal drive aisles. B. The following minimum standards are required, though additional landscaping is encouraged: 1. The foundation planting area shall be a minimum of 12 percent of the area of the first-floor building face, or building face up to 25 feet in height, whichever is less, adjacent to the parking area or internal drive; and. 2. The foundation planting area shall be planted as landscaped areas of sufficient variety, height, and size, with plantings listed in “Tree and Plant Materials for Landscaping.” C. Exemptions from foundation plantings may be granted by the Planning Director when the following circumstances exist or when any of the following conditions are proposed on the site: 1. For those portions of buildings that have drive-up services (e.g., pharmacies, banks, fast food restaurants, dry cleaners, photo shops, etc.); and 2. On the rear side of a building when less than 10 percent of the total required parking is located in the rear of the building and the rear is not adjacent to any public right-of-way.