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Home My WebLink About2022-10 PB AGENDA PACKET NEW HANOVER COUNTY PLANNING BOARD AGENDA Assembly Room, New Hanover County Historic Courthouse 24 North Third Street, Room 301 Wilmington, NC 28401 Members of the Board Donna Girardot, Chair | Jeffrey B. Petroff, Vice-Chair Colin J. Tarrant | Hansen Matthews | Clark Hipp | Walter “Pete” Avery Rebekah Roth, Director| Ken Vafier, Planning Manager OCTOBER 6, 2022 6:00 PM Call to Order Pledge of Allegiance Approval of Minutes REGULAR ITEMS OF BUSINESS The Planning Board may consider substantial changes in these petitions as a result of objections, debate, and discussion at the meeting, including rezoning to other classifications. 1 Public Hearing Rezoning Request (Z22-19) – Request by Mike Brown with Cape Fear Four, LLC, applicant on behalf of OFSC Properties, LLC, Ammo Dump / Lake +9, LLC, Daniel Trask, Raiford Trask, Jr., the D Webster Trask Revocable Trust, and the Ethel Trask Coupland Revocable Trust, property owners, to rezone two parcels totaling 23.65 acres located at the 3500 block of Blue Clay Road south of I-140 from PD, Planned Development to RMF-L, Residential Muti-Family – Low Density 2 Public Hearing Text Amendment Request (TA22-04) - Request by New Hanover County to amend Articles 7 and 10 of the Unified Development Ordinance in order to incorporate the County’s Stormwater Ordinance. NEW HANOVER COUNTY PLANNING BOARD REQUEST FOR BOARD ACTION MEETING DATE: 10/6/2022 Regular DEPARTMENT: Planning PRESENTER(S): Ron Meredith, Current Planner CONTACT(S): Ron Meredith; Robert Farrell, Senior Planner; Rebekah Roth, Planning & Land Use Director SUBJECT: Public Hearing Rezoning Request (Z22-19) – Request by Mike Brown with Cape Fear Four, LLC, applicant on behalf of OFSC Proper;es, LLC, Ammo Dump / Lake +9, LLC, Daniel Trask, Raiford Trask, Jr., the D Webster Trask Revocable Trust, and the Ethel Trask Coupland Revocable Trust, property owners, to rezone two parcels totaling 23.65 acres located at the 3500 block of Blue Clay Road south of I-140 from PD, Planned Development to RMF-L, Residen;al Mul;- Family – Low Density BRIEF SUMMARY: The applicant is proposing to rezone approximately 23.65 acres from PD, Planned Development residen+al district to the, RMF-L, Residen+al Mul+-Family Low Density residen+al district. According to the applicant, the approved PD Master Plan, with the limit of 2.5 acres for this parcel, is no longer the best and highest use of the property and would not meet the needs of the current market demand. The parcel was rezoned in 2006 to PD as part of the Blue Clay Farms development. Zoning from Interstate I-140 to North Kerr Avenue has progressively changed over the past decade to include a mix of residen+al uses with moderate densi+es. The Master Development Plan (MDP) for Blue Clay Farms has approved commercial, office, and residen+al uses included to be located across Blue Clay Road from the subject site. The site, which is currently used for agricultural purposes, was included in the approved MDP for the Blue Clay Farms PD. If approved, this rezoning request will render this por+on of the original MDP void. Development of the subject site was limited in the approved MDP to 2.5 (du/ac) as the 2006 Joint CAMA Plan classified this parcel as an Aquifer Resource Protec+on Area along with the majority of land in the Castle Hayne area. This plan is no longer valid with the crea+on of the 2016 Comprehensive Plan, as the density limit was in place to reduce the cross contamina+on of sep+c systems with wells. Under the approved MDP, the current zoning would allow up to 59 dwelling units at a maximum density of 2.5 (du/ac). The purpose of the RMF-L district is to accommodate lands for moderate density single family and low-density mul+- family development of varying types and designs. The intent is that the RMF-L district will provide op+ons for alterna+ve housing types near or in direct rela+onship to single-family detached development with a range of housing op+ons. If developed at the maximum RMF-L density of 10 units per acre, this could yield a poten+al maximum of 237 dwelling units. This would result in 178 more dwelling units than approved under the current zoning. There is currently full access to the property from Blue Clay Road, an NCDOT-maintained minor arterial street. The property is bordered by Interstate I-140 to the north; however, no access is available by Interstate I-140. Traffic impact analyses are not required for straight rezonings as a specific development proposal is required to thoroughly analyze poten+al trip genera+on. The por+on of the site currently zoned PD would permit a maximum of 59 dwelling units under the approved MDP, which is es+mated to generate about 46 AM and 61 PM peak hour trips. Under the proposed RMF-L zoning district, a Planning Board - October 6, 2022 ITEM: 1 maximum of 237 dwelling units could poten+ally be constructed on the site, which is es+mated to generate 163 AM and 224 PM peak hours trips. The net change from the poten+al trip genera+on if the site were to be developed under the exis+ng PD district to the proposed RMF-L district shows an approximate increase of 117 AM peak hour trips and an approximate increase of about 163 PM peak hour trips. The most recent traffic counts in the area indicate capacity currently exists on Blue Clay Road. The Level of Service (LOS) of this por+on of Blue Clay Road is rated as ‘A’. Whiles not s+ll programmed for funding by NCDOT, an interchange at Interstate I-140 and Blue Clay Road is s+ll included in the WMPO’s Metropolitan Transporta+on Plan, making it eligible for future federal funding. The property is not within a Natural Heritage Area. The property is not located within a Special Flood Hazard Area. The property is within the Smith Creek watershed. Per the Classifica+on of Soils in New Hanover County for Sep+c Tank Suitability, soils on the property consist of Class I (suitable/slight limita+on) & II (moderate limita+on) soils. Any future development will be required to consult with CFPUA on the feasibility of sewer connec+on. Students living in the proposed development would be assigned to Castle Hayne Elementary School, Holly Shelter Middle, and Laney High School. Based on a generalized historic genera+on rate, staff would es+mate that the increase in homes would result in an increase of approximately 39 more students than the number of students who are es+mated to be already generated under the exis+ng zoning. The subject parcel is landlocked from two of the three sides. A 130-foot-wide CSX railroad right of way borders the western property line and Interstate I-140 borders to the north. The site has access to Blue Clay Road, which is an NCDOT maintained minor arterial road. The site is adjacent to undeveloped and agricultural property to the east and west. Access may be available to Interstate I-140 if the proposed interchange at I-140 and Blue Clay Road is funded. The subject site is located about 1.8 miles from the Wrightsboro commercial node and about 1.6 miles from the North Chase - Cape Fear Community College growth node. The subject site is in close proximity to the downtown and airport economic hubs, employment opportuni+es include N. Kerr Industrial Park, and other regional des+na+ons. The Comprehensive Plan classifies the property as Community Mixed Use, which promotes development of a mix of residen+al, office, and retail uses at moderate densi+es. This classifica+on intends for residen+al development at moderate densi+es that could provide a transi+on between lower density development paJerns and higher intensity employment centers, such as the N. Kerr Industrial Park and the County’s Blue Clay Commerce Park which is under development. The proposed RMF-L zoning is generally CONSISTENT with the 2016 Comprehensive Plan because the project provides for the density and range of housing op+ons recommended in the Community Mixed Use place type, and the project will provide addi+onal housing in close proximity to exis+ng and future commercial development serving nearby residents. STRATEGIC PLAN ALIGNMENT: Intelligent Growth & Economic DevelopmentEncourage development of complete communi+es in the unincorporated countyEnsure NHC has appropriate housing to support business growth RECOMMENDED MOTION AND REQUESTED ACTIONS: Because of the level of exis+ng and planned development within this general loca+on of the County, the minimal impacts on the adjacent proper+es in this area, consistency with the Comprehensive Plan, and the types of development recommended within the Community Mixed Use place type, staff recommends approval of this applica+on and suggests the following mo+on: Planning Board - October 6, 2022 ITEM: 1 I move to RECOMMEND APPROVAL of the proposed rezoning to an RMF-L district. I find it to be CONSISTENT with the 2016 Comprehensive Plan because the project provides for the density and range of housing op+ons recommended in the Community Mixed Use place type. I also find RECOMMENDING APPROVAL of the project is reasonable and in the public interest because it will provide addi+onal housing in close proximity to exis+ng and future commercial development serving nearby residents. Alterna+ve Mo+on for Denial I move to RECOMMEND DENIAL of the proposed rezoning to an RMF-L district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the project provides for the density and range of housing op+ons recommended in the Community Mixed Use place type, I find RECOMMENDING DENIAL of the rezoning request is reasonable and in the public interest because the proposal is not consistent with the desired character of the surrounding community and the density will adversely impact the adjacent areas. ATTACHMENTS: Descrip+on Z22-19 Script Planning Board Z22-19 PB Staff Report Z22-19 Zoning Map Z22-19 FLUM Z22-19 Mailout Map Z22-19 Initial Application Cover Sheet Z22-19 Application Z22-19 Agent Authorization Form COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Planning Board - October 6, 2022 ITEM: 1 PLANNING BOARD SCRIPT for Zoning Map Amendment Application (Z22-19) Request by Mike Brown with Cape Fear Four, LLC, applicant on behalf of OFSC Properties, LLC, Ammo Dump / Lake +9, LLC, Daniel Trask, Raiford Trask, Jr., the D Webster Trask Revocable Trust, and the Ethel Trask Coupland Revocable Trust, property owners, to rezone two parcels totaling 23.65 acres located at the 3500 block of Blue Clay Road south of I-140 from PD, Planned Development to RMF-L, Residential Multi-Family – Low Density 1. This is a public hearing. We will hear a presentation from staff. Then the applicant and any opponents will each be allowed 15 minutes for their presentation and an additional 5 minutes for rebuttal. 2. Conduct Hearing, as follows: a. Staff presentation b. Applicant’s presentation (up to 15 minutes) c. Opponent’s presentation (up to 15 minutes) d. Applicant’s rebuttal (up to 5 minutes) e. Opponent’s rebuttal (up to 5 minutes) 3. Close the public hearing 4. Board discussion 5. Before we proceed with the vote, I would like to invite the applicant to the podium. Based on the Board discussion and items presented during the public hearing, would you like withdraw your petition, request a continuance, or proceed with a vote? 6. Vote on the application. The motion should include a statement saying how the change is, or is not, consistent with the land use plan and why approval or denial of the rezoning request is reasonable and in the public interest. Example Motion for Approval I move to RECOMMEND APPROVAL of the proposed rezoning to an RMF-L district. I find it to be CONSISTENT with the 2016 Comprehensive Plan because the project provides for the density and range of housing options recommended in the Community Mixed Use place type. I also find RECOMMENDING APPROVAL of the project is reasonable and in the public interest because it will provide additional housing in close proximity to existing and future commercial development serving nearby residents. Alternative Motion for Denial I move to RECOMMEND DENIAL of the proposed rezoning to an RMF-L district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the project provides for the density and range of housing options recommended in the Community Mixed Use place type, I find RECOMMENDING DENIAL of the rezoning request is reasonable and in the public interest because the proposal is not consistent with the desired character of the surrounding community and the density will adversely impact the adjacent areas. Planning Board - October 6, 2022 ITEM: 1 - 1 - 1 Alternative Motion for Approval/Denial: I move to RECOMMEND [Approval/Denial] of the proposed rezoning to a conditional RMF-L district. I find it to be [Consistent/Inconsistent] with the purposes and intent of the Comprehensive Plan because [insert reasons] __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ I also find RECOMMENDING [Approval/Denial] of the rezoning request is reasonable and in the public interest because [insert reasons] __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ Planning Board - October 6, 2022 ITEM: 1 - 1 - 2 Z22-19 Staff Report PB 10.6.2022 Page 1 of 16 STAFF REPORT FOR Z22-19 ZONING MAP AMENDMENT APPLICATION APPLICATION SUMMARY Case Number: Z22-19 Request: Rezoning to an RMF-L district Applicant: Property Owner(s): Mike Brown with Cape Fear Four, LLC. Daniel Webster Trask, OFC Properties LLC. AMMO, Dump/Lake +9 LLC, The Ethel Trask Coupland Revocable Trust, Webster Trask Revocable Trust Location: Acreage: South of Interstate I-140, west of Blue Clay Road, and north of North Kerr Avenue 23.65 PID(s): Comp Plan Place Type: R02600-003-003-000 and R02613-001-001-000 Community Mixed Use Existing Land Use: Proposed Land Use: Agricultural The property would be allowed to be developed in accordance with the RMF-L district Current Zoning: Proposed Zoning: PD RMF-L SURROUNDING AREA LAND USE ZONING North Single-Family Residential, Undeveloped Land R-15, I-2 East Undeveloped Land, Agricultural Land, and existing produce stand PD South Undeveloped Land I-2 West Undeveloped R-10, R-15 Planning Board - October 6, 2022 ITEM: 1 - 2 - 1 Z22-19 Staff Report PB 10.6.2022 Page 2 of 16 ZONING HISTORY July 7, 1972 Initially zoned I-2 August 14, 2006 Rezoned to PD with a Master Development Plan (Blue Clay Farm) and includes single family, multi family, commercial, and offices. COMMUNITY SERVICES Water/Sewer Water is available through a mainline extension and wastewater services are available through CFPUA; however, a pump station may be required. Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire District, New Hanover County Wrightsboro Schools Castle Hayne Elementary, Holly Shelter Middle, Laney High School Recreation Cape Fear Optimist Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation No known conservation resources Historic No known historic resources Archaeological No known archaeological resources Planning Board - October 6, 2022 ITEM: 1 - 2 - 2 Z22-19 Staff Report PB 10.6.2022 Page 3 of 16 APPLICANT’S PROPOSAL • The applicant is proposing to rezone approximately 23.65 acres from PD, Planned Development residential district to the, RMF-L, Residential Multi-Family Low Density residential district. • According to the applicant, the approved PD Master Development Plan, with the limit of 2.5 acres for this parcel, is no longer the best and highest use of the property and would not meet the needs of the current market demand. ZONING CONSIDERATIONS • The I-2 district in this area was established in 1972; however, the parcel was rezoned in 2006 to PD as part of the Blue Clay Farms development. The applicant seeks to rezone 23.65 acres of the 745.11acre parent parcel to RMF-L. • Zoning from Interstate I-140 to North Kerr Avenue has progressively changed over the past decade to include a mix of residential uses with moderate densities. The Master Development Plan (MDP) for Blue Clay Farms has approved commercial, office, and residential uses included to be located across Blue Clay Road from the subject site. • The site is currently used for agricultural purposes. • The approved MDP for the Blue Clay Farms PD, includes this site. If approved, this rezoning request will render this portion of the original MDP void. • The approved MDP includes single family, multi family, commercial, and offices. A major point of consideration for the approval was a future interchange at Blue Clay Road and Interstate I-140. • Development of the subject site was limited in the approved MDP to 2.5 (du/ac) as the 2006 Joint CAMA Plan classified this parcel as an Aquifer Resource Protection Area along with the majority of land in the Castle Hayne area. This plan is no longer valid with the creation of the 2016 Comprehensive Plan, as the density limit was in place to reduce the cross contamination of septic systems with wells. • Under the approved MDP, the current zoning would allow up to 59 dwelling units at a maximum density of 2.5 (du/ac) on this 23.65 acre subject parcel. • The purpose of the RMF-L district is to accommodate lands for moderate density single family and low-density multi-family development of varying types and designs. The intent is that the RMF-L district will provide options for alternative housing types near or in direct relationship to single-family detached development with a range of housing options. • If developed at the maximum RMF-L density of 10 units per acre, this could yield a potential maximum of 237 dwelling units. This would result in 178 more dwelling units than approved under the current zoning. • Structure setback is contingent on the number of stories of any proposed multi-family development. • If approved, development on the parcel would be subject to Technical Review Committee and Zoning Compliance review processes to ensure full compliance with all ordinance requirements and specific conditions included in the approval. Only minor deviations from the approved conceptual plan, as defined by the UDO, would be allowed. Planning Board - October 6, 2022 ITEM: 1 - 2 - 3 Z22-19 Staff Report PB 10.6.2022 Page 4 of 16 AREA SUBDIVISIONS UNDER DEVELOPMENT Planning Board - October 6, 2022 ITEM: 1 - 2 - 4 Z22-19 Staff Report PB 10.6.2022 Page 5 of 16 TRANSPORTATION • There is currently full access to the property from Blue Clay Road, an NCDOT-maintained minor arterial street. The property is bordered by Interstate I-140 to the north; however, no access is available by Interstate I-140. • Traffic impact analyses are not required for straight rezonings as a specific development proposal is required to thoroughly analyze potential trip generation. • The existing PD zoning would permit a maximum of 59 dwelling units under the approved MDP, which is estimated to generate about 46 AM and 61 PM peak hour trips. • Under the proposed RMF-L zoning district, a maximum of 237 dwelling units could potentially be constructed on the site, which is estimated to generate 163 AM and 224 PM peak hour trips. Planning Board - October 6, 2022 ITEM: 1 - 2 - 5 Z22-19 Staff Report PB 10.6.2022 Page 6 of 16 • The net change from the potential trip generation if the site were to be developed under the existing PD district to the proposed RMF-L district shows an approximate increase of 117 AM peak hour trips and an approximate increase of about 163 PM peak hour trips. • As there is not a specific development proposal to analyze traffic impacts for at this time, staff has provided the volume to capacity ratio for roadways in the vicinity of the subject site. While volume to capacity ratio, based on average daily trips, can provide a general idea of the function of adjacent roadways, the delay vehicles take in seconds to pass through intersections is generally considered a more effective measure when determining the Level of Service of a roadway. • The most recent traffic counts in the area indicate capacity currently exists on Blue Clay Road. Intensity Approx. Peak Hour Trips Typical Development under Current Zoning: 59 Dwelling Units 46 AM / 61 PM Development under Proposed RMF-L Zoning (Multi Family Detached ): 237 Dwelling Units 163 AM / 224 PM Development under Proposed RMF-L Zoning (Single Family attached): 237 Dwelling Units 118 AM / 138 PM Potential Net Change under Proposed Zoning: + 117 AM / + 163 PM Planning Board - October 6, 2022 ITEM: 1 - 2 - 6 Z22-19 Staff Report PB 10.6.2022 Page 7 of 16 NCDOT Average Annual Daily Traffic (AADT) – 2020 Road Location (Block) Volume Capacity V/C LOS Blue Clay Road (north of Old Mill Road) North of Old Mill Rd 5,435 10,978 0.50 A Blue Clay Road (south of Juvenile Center Road) South of Juvenile Center Rd 5,467 10,978 0.51 A • The Level of Service (LOS) of this portion of Blue Clay Road is rated as ‘A’. • While not still programmed for funding by NCDOT, an interchange at Interstate I-140 and Blue Clay Road is still included in the WMPO’s Metropolitan Transportation Plan, making it eligible for future federal funding. Proposed Half Clover Interchange (U-4436) Subject Parcel Planning Board - October 6, 2022 ITEM: 1 - 2 - 7 Z22-19 Staff Report PB 10.6.2022 Page 8 of 16 Nearby Planned Transportation Improvements and Traffic Impact Analyses Nearby NC STIP Projects: • STIP Project U-5863 o Project to widen Castle Hayne Road from I-140 to Division Drive. This project will add a center turn lane or median to sections of the road. o The project is currently scheduled to begin construction after 2029. Planning Board - October 6, 2022 ITEM: 1 - 2 - 8 Z22-19 Staff Report PB 10.6.2022 Page 9 of 16 Nearby Traffic Impact Analyses: Traffic Impact Analyses (TIAs) are completed in accordance with the WMPO and NCDOT standards. Approved analyses must be re-examined by NCDOT if the proposed development is not completed by the build out date established within the TIA. Proposed Development Land Use/Intensity TIA Status 1. Blue Clay Industrial • LUC 140 – 891,750 sf Manufacturing • In review • 2027 Phase 1 Build Out Year • 2032 Phase 2 Build Out Year The TIA required improvements be completed at certain intersections in the area. The notable improvements consisted of: • NCDOT will provide the required improvements when the (TIAs) review is complete. Nearby Proposed Developments included within the TIA: • Sidbury Farms • Sidbury Crossing Development Status: Construction has not started, and Development is under review at this time. ENVIRONMENTAL • The property is not within a Natural Heritage Area. The property is not located within a Special Flood Hazard Area. • The property is within the Smith Creek 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) & II (moderate limitation) soils. Any future development will be required to consult with CFPUA on the feasibility of sewer connection. Planning Board - October 6, 2022 ITEM: 1 - 2 - 9 Z22-19 Staff Report PB 10.6.2022 Page 10 of 16 OTHER CONSIDERATIONS Schools • Students living in the proposed development would be assigned to Castle Hayne Elementary School, Holly Shelter Middle, and Laney High School. Students may apply to attend public magnet, year-round elementary, or specialty high schools. • A maximum of 59 dwelling units would be permitted under the current PD zoning density, and 237 units could potentially be developed under the proposed zoning for an increase of 178 dwelling units. • Based on a generalized historic generation rate*, staff would estimate that the increase in homes would result in an increase of approximately 39 more students than the number of students who are estimated to be already generated under the existing zoning. • The general student generation rate provides only an estimate of anticipated student yield as different forms of housing at different price points yield different numbers of students. Over the past four years, staff has also seen a decline in the number of students generated by new development. Student numbers remained relatively stable between 2015 and 2020 (excepting the impacts of the COVID-19 pandemic), while 14,500 new residential units were permitted across the county. In addition, the student population is anticipated to only grow by approximately 1,300 students over the next 10 years based on the New Hanover County Schools Facility Needs Study. Development Type Intensity Estimated Student Generation Existing Development Undeveloped Total: 0 (0 elementary, 0 middle, 0 high Typical Development under Current Zoning 59 residential units Total: 13 (5 elementary, 3 middle, 5 high) Potential Development under Proposed Zoning Districts 237 residential units Total: 52 (21 elementary, 12 middle, 19 high) *The current general student generation rate was calculated by dividing the projected New Hanover County public school student enrollment for the 2021-2022 school year by the number of dwelling units in the county. Currently, there are an average of 0.22 public school students (0.09 for elementary, 0.05 for middle, and 0.08 for high) generated per dwelling unit across New Hanover County. These numbers are updated annually and include students attending out-of-district specialty schools, such as year-round elementary schools, Isaac Bear, and SeaTech. **Because the student generation rate often results in fractional numbers, all approximate student generation yields with a fraction of 0.5 or higher are rounded up to a whole number and yields with a fraction of less than 0.5 are rounded down. This may result in student numbers at the elementary, middle, and high school levels not equaling the approximate total. Planning Board - October 6, 2022 ITEM: 1 - 2 - 10 Z22-19 Staff Report PB 10.6.2022 Page 11 of 16 Staff has provided information on existing school capacity to provide a general idea of the potential impact on public schools, but these numbers do not reflect any future capacity upgrades. School Enrollment* and Capacity** (2021-2022 School Year) *Enrollment is based on the New Hanover County Schools enrollment projections for the 2021-2022 school year. **Capacity calculations were determined based on the projected capacities for the 2021-2022 school year, and funded or planned capacity upgrades were those included in the Facility Needs Study presented by New Hanover County Schools to the Board of Education in January 2021. This information does not take into account flexible scheduling that may be available in high school settings, which can reduce the portion of the student body on campus at any one time. • The 2021 facility needs survey prepared by Schools staff indicates that, based on NC Department of Public Instruction (DPI) student growth projections and school capacity data, planned facility upgrades, combined with changes to student enrollment patterns, will result in adequate capacity district wide over the next ten years if facility upgrades are funded. Level Total NHC Capacity School Projected Enrollment of Assignment School Capacity of Assigned School w/Portables Capacity of Assigned School Funded or Planned Capacity Upgrades Elementary 95% Castle Hayne 463 529 88% None Middle 108% Holly Shelter 965 934 103% None High 100% Laney 2125 2013 106% None Planning Board - October 6, 2022 ITEM: 1 - 2 - 11 Z22-19 Staff Report PB 10.6.2022 Page 12 of 16 Existing Development Current Conditions: Looking south on Blue Clay Road Looking southwest on Blue Clay Road Looking northwest on Blue Clay Road Looking north on Blue Clay Rd at Interstate I-140 Planning Board - October 6, 2022 ITEM: 1 - 2 - 12 Z22-19 Staff Report PB 10.6.2022 Page 13 of 16 Representative Developments Representative Developments of RMF-L (Proposed Zoning/Land Use): Woodlands at Echo Farms (City of Wilmington) Context and Compatibility • The subject parcel is landlocked from two of the three sides. A 130-foot-wide CSX railroad right of way borders the western property line and Interstate I-140 borders to the north. • The site has access to Blue Clay Road, which is an NCDOT maintained minor arterial road. The site is adjacent to undeveloped and agricultural property to the east and west. • Access may be available to Interstate I-140 if the proposed interchange at I-140 and Blue Clay Road is funded. • The subject site is located about 1.8 miles from the Wrightsboro commercial node and about 1.6 miles from the North Chase - Cape Fear Community College growth node. • The subject site is in close proximity to the downtown and airport economic hubs, employment opportunities including N. Kerr Industrial Park, and other regional destinations. • While most of this area was zoned for low density housing in the early 1970s, the 2016 Comprehensive Plan recommends a mixture higher density housing and commercial uses. Planning Board - October 6, 2022 ITEM: 1 - 2 - 13 Z22-19 Staff Report PB 10.6.2022 Page 14 of 16 2016 COMPREHENSIVE 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. These place types are intended to identify general areas for development patterns and should not be interpreted as being parcel specific. Future Land Use Map Place Type Community Mixed Use Place Type Description Focuses on small-scale, compact, mixed use development patterns that serve all modes of travel and act as an attractor for county residents and visitors. Types of appropriate uses include office, retail, mixed use, recreational, commercial, institutional, and multi-family and single-family residential. Planning Board - October 6, 2022 ITEM: 1 - 2 - 14 Z22-19 Staff Report PB 10.6.2022 Page 15 of 16 Analysis The subject property is in the northern portion of the county along a minor arterial road. The subject site is located between Wrightsboro commercial node and Northchase-Cape Fear Community College growth node. Residential developments that have been approved nearby include Rachel’s Place with an approved density of 3.30 du/ac, the Covenant I with an approved density of 7.90 (du/ac), Covenant II with an approved density of 7.08 (du/ac), Blue Clay Townes with an approved density of 6.60 du/ac, and Blue Clay Farms Master Development Plan with an approved density of 10.20 (du/ac). The Comprehensive Plan classifies the property as Community Mixed Use, which promotes development of a mix of residential, office, and retail uses at moderate densities. This classification intends for residential development at moderate densities that could provide a transition between lower density development patterns and higher intensity employment centers, such as the N. Kerr Industrial Park and the County’s Blue Clay Commerce Park which is under development. Within this general location of the County the approved Master Development Plan for Blue Clay Farms has commercial, office and residential uses included. The proposed RMF-L adds similar moderate density uses within this corridor. In addition, the project is in line with the preferred density range of the Community Mixed Use place type, promotes the mixture of uses recommended within the Community Mixed Use place type, and supports the Comprehensive Plan’s goal to provide for a range of housing types and opportunities for households of different sizes and income. Consistency Recommendation The proposed RMF-L zoning is generally CONSISTENT with the 2016 Comprehensive Plan because the project provides for the density and range of housing options recommended in the Community Mixed Use place type, and the project will provide additional housing in close proximity to existing and future commercial development serving nearby residents. Planning Board - October 6, 2022 ITEM: 1 - 2 - 15 Z22-19 Staff Report PB 10.6.2022 Page 16 of 16 STAFF RECOMMENDATION Because of the level of existing and planned development within this general location of the County, the minimal impacts on the adjacent properties in this area, consistency with the Comprehensive Plan, and the types of development recommended within the Community Mixed Use place type, staff recommends approval of this application and suggests the following motion: I move to RECOMMEND APPROVAL of the proposed rezoning to an RMF-L district. I find it to be CONSISTENT with the 2016 Comprehensive Plan because the project provides for the density and range of housing options recommended in the Community Mixed Use place type. I also find RECOMMENDING APPROVAL of the project is reasonable and in the public interest because it will provide additional housing in close proximity to existing and future commercial development serving nearby residents. Alternative Motion for Denial I move to RECOMMEND DENIAL of the proposed rezoning to an RMF-L district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the project provides for the density and range of housing options recommended in the Community Mixed Use place type, I find RECOMMENDING DENIAL of the rezoning request is reasonable and in the public interest because the proposal is not consistent with the desired character of the surrounding community and the density will adversely impact the adjacent areas. Planning Board - October 6, 2022 ITEM: 1 - 2 - 16 I-140 I-140 C O L L E G E R D BLUECLAYRD I- 4 0 CA S T L E H A Y N E R D CA S T L E H A Y N E R D New Hanover County, NC RMF-LPDIntersection of Blue Clay Rd & I-140 Z22-19 Proposed Zoning/Use:Existing Zoning/Use:Site Address:Case: 0 2,0001,000 Feet SITE ZONING B-1 B-2 O&I I-1 I-2 R-10 R-15 R-20 PD Planning Board - October 6, 2022 ITEM: 1 - 3 - 1 Planning Board - October 6, 2022 ITEM: 1 - 4 - 1 C O L L E G E KERR KERR BLUECLAY BLUE C L A Y CA S T L E H A Y N E CA S T L E H A Y N E I-14 0 I-14 0 CO L L E G E I-140 BAVARI A N I - 4 0 I- 4 0 I-140 Neighboring Parcels (500 feet) RMF-LPDIntersection of Blue Clay Rd & I-140 Z22-19 Proposed Zoning/Use:Existing Zoning/Use:Site Address:Case: 0 0.50.25 Miles SITE Planning Board - October 6, 2022 ITEM: 1 - 5 - 1 Initial Application Documents & Materials Planning Board - October 6, 2022 ITEM: 1 - 6 - 1 Planning Board - October 6, 2022 ITEM: 1 - 7 - 1 Planning Board - October 6, 2022 ITEM: 1 - 7 - 2 Planning Board - October 6, 2022 ITEM: 1 - 7 - 3 Planning Board - October 6, 2022 ITEM: 1 - 7 - 4 Planning Board - October 6, 2022 ITEM: 1 - 7 - 5 Planning Board - October 6, 2022 ITEM: 1 - 7 - 6 Planning Board - October 6, 2022 ITEM: 1 - 7 - 7 Planning Board - October 6, 2022 ITEM: 1 - 7 - 8 Planning Board - October 6, 2022 ITEM: 1 - 7 - 9 Planning Board - October 6, 2022 ITEM: 1 - 7 - 10 Planning Board - October 6, 2022 ITEM: 1 - 7 - 11 Planning Board - October 6, 2022 ITEM: 1 - 7 - 12 Planning Board - October 6, 2022 ITEM: 1 - 7 - 13 Planning Board - October 6, 2022 ITEM: 1 - 7 - 14 Planning Board - October 6, 2022 ITEM: 1 - 7 - 15 Planning Board - October 6, 2022 ITEM: 1 - 8 - 1 NEW HANOVER COUNTY PLANNING BOARD REQUEST FOR BOARD ACTION MEETING DATE: 10/6/2022 Regular DEPARTMENT: Planning PRESENTER(S): Dylan McDonnell (Long Range Planner); Rebekah Roth (Planning & Land Use Director) CONTACT(S): Dylan McDonnell; Rebekah Roth, Planning & Land Use Director SUBJECT: Public Hearing Text Amendment Request (TA22-04) - Request by New Hanover County to amend Ar7cles 7 and 10 of the Unified Development Ordinance in order to incorporate the County’s Stormwater Ordinance. BRIEF SUMMARY: A specific place, Ar!cle 7, was provided for the County’s Stormwater Ordinance when the UDO format was adopted in 2019, but these provisions were not intended to be incorporated un!l they had been coordinated with the County’s stormwater u!lity services program. This was completed in 2021, and the Stormwater Ordinance was updated and adopted by the Board of Commissioners last year. The final step would be adding the adopted ordinance to the UDO. The proposed amendment also adds a reference to the Stormwater Variance procedures and updates the responsibili!es of the County Engineer in Ar!cle 10: Administra!ve Procedures. STRATEGIC PLAN ALIGNMENT: Good GovernanceEffec!ve County ManagementCon!nuous focus on the customer experience RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends approval of the requested amendment and suggest the following mo!on: I move to RECOMMEND APPROVAL of the proposed amendment to the New Hanover County Unified Development Ordinance to incorporate the New Hanover County Stormwater Ordinance into the New Hanover County Unified Development Ordinance. I find it to be CONSISTENT with the purpose and intent of the 2016 Comprehensive Plan because it will allow for more streamlined business processes and coordinated review of development proposals, as all of the county’s development related ordinances will be in one comprehensive document. I also find RECOMMENDING APPROVAL of the proposed amendment reasonable and in the public interest because it clarifies current stormwater regula!ons and prac!ces for stakeholders and code users. ATTACHMENTS: Descrip!on TA22-04 Script TA22-04 Staff Summary TA22-04 Stormwater Amendment Draft Planning Board - October 6, 2022 ITEM: 2 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Planning Board - October 6, 2022 ITEM: 2 SCRIPT for Unified Development Ordinance Text Amendment (TA22-04) Request by New Hanover County Planning & Land Use to amend Articles 7 and 10 of the Unified Development Ordinance in order to incorporate the County’s Stormwater Ordinance. 1. This is a public hearing. We will hear a presentation from staff. Then any supporters and opponents will each be allowed 15 minutes for their presentation and an additional 5 minutes for rebuttal. 2. Conduct Hearing, as follows: a. Staff presentation b. Supporters’ presentation (up to 15 minutes) c. Opponents’ presentation (up to 15 minutes) d. Supporters’ rebuttal (up to 5 minutes) e. Opponents’ rebuttal (up to 5 minutes) 3. Close the public hearing 4. Board discussion 5. Vote on amendment. The motion should include a statement saying how the change is, or is not, consistent with the land use plan and why approval or denial of the rezoning request is reasonable and in the public interest. Example Motion of Approval I move to RECOMMEND APPROVAL of the proposed amendment to the New Hanover County Unified Development Ordinance to incorporate the New Hanover County Stormwater Ordinance into the New Hanover County Unified Development Ordinance. I find it to be CONSISTENT with the purpose and intent of the 2016 Comprehensive Plan because it will allow for more streamlined business processes and coordinated review of development proposals, as all of the county’s development related ordinances will be in one comprehensive document. I also find RECOMMENDING APPROVAL of the proposed amendment reasonable and in the public interest because it clarifies current stormwater regulations and practices for stakeholders and code users. Alternative Motion for Approval/Denial: I move to [Approve/Deny] the proposed amendment to the New Hanover County Unified Development Ordinance to incorporate the New Hanover County Stormwater Ordinance into the New Hanover County Unified Development Ordinance. I find it to be [Consistent/Inconsistent] with the purposes and intent of the Comprehensive Plan because [insert reasons] ____________________________________________________________________________ ____________________________________________________________________________ I also find [Approval/Denial] of the proposed amendment is reasonable and in the public interest because [insert reasons] ____________________________________________________________________________ ____________________________________________________________________________ Planning Board - October 6, 2022 ITEM: 2 - 1 - 1 STAFF REPORT FOR TA22-04 TEXT AMENDMENT APPLICATION APPLICATION SUMMARY Case Number: TA22-04 Request: To amend Articles 7 and 10 of the Unified Development Ordinance in order to incorporate the County’s Stormwater Ordinance. Applicant: Subject Ordinances: New Hanover County Unified Development Ordinance (UDO) Purpose & Intent The key intent of this amendment is to incorporate the County’s Stormwater Ordinance into the UDO document. BACKGROUND A specific place, Article 7, was provided for the County’s Stormwater Ordinance when the UDO format was adopted in 2019, but these provisions were not intended to be incorporated until they had been coordinated with the County’s stormwater utility services program. This was completed in 2021, and the Stormwater Ordinance was updated and adopted by the Board of Commissioners last year. The final step would be adding the adopted ordinance to the UDO. The proposed amendment also adds a reference to the Stormwater Variance procedures and updates the responsibilities of the County Engineer in Article 10: Administrative Procedures. PROPOSED AMENDMENT The proposed text amendment and supplemental summary sheets are attached, with red italics indicating new language. As a note, even though the language proposed for Article 7 is shown as new because it is not currently located in the Unified Development Ordinance, it is comprised of the current New Hanover County Stormwater Ordinance and all provisions have already been approved by the Board of Commissioners and are in effect. Planning Board - October 6, 2022 ITEM: 2 - 2 - 1 STAFF RECOMMENDATION Staff recommends approval of the requested amendment and suggests the following motion: I move to RECOMMEND APPROVAL of the proposed amendment to the New Hanover County Unified Development Ordinance incorporate the county’s Stormwater Ordinance into the Unified Development Ordinance. I find it to be CONSISTENT with the purpose and intent of the 2016 Comprehensive Plan because it will allow for more streamlined business processes and coordinated review of development proposals, as all of the county’s development related ordinances will be in one comprehensive document. I also find RECOMMENDING APPROVAL of the proposed amendment reasonable and in the public interest because it clarifies current stormwater regulations and practices for stakeholders and code users. Subject Articles and Sections Article 7: Stormwater Management Article 10: Administrative Procedures • Section 10.1: Advisory and Decision-Making Bodies o Section 10.1.1, General o Section 10.1.7, County Engineer Planning Board - October 6, 2022 ITEM: 2 - 2 - 2 1 Article 7: Stormwater Management Section 7.1. Title This Article may be cited as the “New Hanover County Stormwater Management Ordinance.” Section 7.2. Purpose The purpose of this article is to protect and promote the health, safety and general welfare of the public; and to safeguard the natural and manmade resources of the County by regulating stormwater runoff. This purpose is accomplished by imposing conditions and requirements upon existing and proposed development activities and establishing procedures by which these requirements and conditions are to be administered and enforced. Section 7.3. Authority and Jurisdiction A. The provisions of this article are adopted under the authority granted by the General Assembly of North Carolina. B. The regulations set forth in this article shall be applicable to all territory within the unincorporated areas of the County. Section 7.4. Objectives The objectives of this article are to: A. Establish the County's stormwater management program; B. Identify areas prone to flooding; C. Prevent the creation of new floodprone areas; D. Reduce the discharge of stormwater runoff to the maximum extent practicable by controlling discharge rates; E. Reduce erosion associated with stormwater runoff; F. Provide for the inspection and proper maintenance of structural and nonstructural stormwater control measures and; G. Provide for the enforcement of the County's stormwater management program in the unincorporated portions of the County. Section 7.5. Incorporation of Design Manual by Reference The New Hanover County Stormwater Design Manual, as approved by the New Hanover County Board of Commissioners, with subsequent amendments approved by the County Manager, is adopted by reference as part of this article and shall be available through the Engineering Department. Planning Board - October 6, 2022 ITEM: 2 - 3 - 1 2 Section 7.6. Definitions For the purpose of this Article, the following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: APPLICANT The owner of a site who submits a plan for a project pursuant to this article. APPLICATION The application form to be submitted by applicant for a plan for a project pursuant to this article. STORMWATER PERMIT The County will issue a Stormwater Permit following the satisfactory review of the application form and supporting documents demonstrating the applicant has satisfied the requirements of this article. BEST MANAGEMENT PRACTICE (BMP) A structural or nonstructural management-based practice used singularly or in combination to reduce flow and/or nonpoint source pollution inputs to receiving waters to achieve stormwater management goals. (see also Stormwater Control Measure and Facility) BUILT-UPON AREA Impervious surface and partially impervious surface to the extent that the partially impervious surface does not allow water to infiltrate through the surface and into the subsoil including but not limited to buildings, pavement, gravel, tennis and basketball courts, etc. "Built-upon area" does not include a slatted deck; the water area of a swimming pool; a surface of number 57 stone, as designated by the American Society for Testing and Materials, laid at least four inches thick over a geotextile fabric; a pedestrian trail as defined in NC G.S. 113A-85 that is either unpaved or paved as long as the pavement is porous with a hydraulic conductivity greater than 0.001 centimeters per second (1.41 inches per hour); or landscaping material, including, but not limited to, gravel, mulch, sand, and vegetation, placed on areas that receive pedestrian or bicycle traffic or on portions of driveways and parking areas that will not be compacted by the weight of a vehicle, such as the area between sections of pavement that support the weight of a vehicle. CERTIFICATE OF COMPLETION A signed, sealed and dated certificate prepared by an authorized design professional which states that the construction authorized by the Stormwater Permit as issued by the County has been completed. CERTIFICATE OF OCCUPANCY The certificate from the County inspections department allowing the occupancy of a building. COMMON PLAN OF DEVELOPMENT A site where multiple separate and distinct development activities may be taking place at different times on different schedules but governed by a single development plan regardless of ownership of the parcels. Information that may be used to determine a "common plan of development" include plats, blueprints, marketing plans, contracts, building permits, public notices or hearings, zoning requests, and infrastructure development plans. CONNECTION Any ditch, pipe or other device for the diversion or transmission of storm drainage which will in any way affect the operation or maintenance of the receiving stormwater conveyance. Planning Board - October 6, 2022 ITEM: 2 - 3 - 2 3 DESIGN PROFESSIONAL The individual meeting North Carolina occupational licensing requirements who designs the proposed stormwater system. DETENTION The collection and storage of stormwater runoff with subsequent discharge to surface waters. DEVELOPED LAND Parcels altered from a natural state by construction or installation of impervious surfaces. For new construction, the County shall consider parcels developed upon the issuance of a Land Disturbing Permit or Building Permit or Stormwater Permit or Certificate of Occupancy Stormwater Permit pursuant to this article. DEVELOPER A person engaged in land, site or building development. DEVELOPMENT Any activity for which a building permit or a land disturbing permit is required, or where any land disturbing activity occurs, and that does not provide greater or equal stormwater control to that of the previous development. DRAINAGE NUISANCE The unapproved obstruction of swales, ditches, culverts, pipes or other stormwater conveyances and includes Stormwater Control Measures and associated conveyances that are not performing as designed. DRAINAGE PLAN For development not requiring a stormwater permit, a plan showing existing drainage features, direction of stormwater runoff and details demonstrating how existing drainage patterns will be maintained. EXCAVATION Any act, or the conditions resulting therefrom, by which soil, earth, sand, gravel, rock, or similar material is cut into, dug, quarried, uncovered, removed, displaced or relocated. EXISTING DEVELOPMENT Development that, prior to the effective date of this ordinance, has either been lawfully constructed or has established a vested right under North Carolina law to construct a proposed project or portion thereof. With regard to application of this ordinance, a vested right will be recognized as follows: 1. For development that does not require a state permit, a vested right shall exist for any portion of a development that has an approved or a completed written or subdivision plat covering that portion. A “completed application” is one that meets all application requirements, including payment of all required fees and submission of all required information, prior to the effective date of this ordinance. A vested right shall expire if the validity of an approved or completed application or approval is not continuously maintained as otherwise required under this Article. 2. For development that requires a state permit, vested rights shall be recognized if the project meets all the requirements of A) above, and additionally has received necessary state permits required for the use or for construction. FACILITY A structural stormwater management-based measure used singularly or in combination to reduce flow to receiving waters to achieve stormwater management goals, and shall include all land, Planning Board - October 6, 2022 ITEM: 2 - 3 - 3 4 materials, and appurtenances used in construction and operation of the facility. Facilities may include, but are not necessarily limited to, constructed wetlands, infiltration systems, retention ponds, detention ponds, grassed swales, and ditches. (see also Best Management Practice and Stormwater Control Measure) FILL Any act, or the conditions resulting therefrom, by which soil, earth, sand, gravel, rock or any similar material is deposited, placed, pushed, pulled or transported. FLOODPLAIN Any area susceptible to being inundated by water from any source. All development activity governed by this article shall be evaluated for the flood conditions anticipated for the 100-year frequency storm. GRADING Any act causing disturbance of the earth. Grading shall include but not be limited to any excavating, filling, stockpiling of earth materials, grubbing, root mat or topsoil disturbance, or any combination of such activities. IMPERVIOUS Any material that impedes or prevents the natural filtration of water into the soil. IMPERVIOUS SURFACE Developed areas of land that prevent or significantly impede the infiltration of Stormwater into the soil. Typical impervious surfaces include, but are not limited to: roofs, sidewalks, walkways, patios, swimming pools, private driveways, parking lots, access extensions, alleys and other paved, engineered, compacted or gravel surfaces containing materials that prevent or significantly impede the natural infiltration of Stormwater into the soil. IMPERVIOUSNESS The degree to which a site is impervious. INFILTRATION The recharge of stormwater runoff into the subsurface soil. LAND DISTURBING ACTIVITY Any earth movement and land use changes which may result in soil erosion or the movement of sediments into waters or onto other lands, including, but not limited to, tilling, clearing, grading, excavating, stripping, filling and related activities, and the covering of land surfaces with any structure, impermeable, or partially-impermeable material. Mowing and bush hogging operations, which does not disturb the root mat, shall not be considered land-disturbing activity. NATURAL GROUND SURFACE The ground surface in its original state before any land disturbing activity. NATURAL STATE Existing undeveloped land where the soil and vegetation characteristics have not been substantially modified or disturbed by human activities and the hydrologic function is in an unaltered or natural condition. OFF-SITE FACILITY With respect to any particular property, a stormwater management facility serving the property but not located on the property. Planning Board - October 6, 2022 ITEM: 2 - 3 - 4 5 ON-SITE FACILITY With respect to any particular property, a stormwater management facility serving such property and located on such property. OWNER The owner or owners of a site on which land disturbing activity is, will or has been done. PERMIT Any and all permits required by federal, state and local ordinances and regulations. PERMITTEE Any person to whom a permit is issued. PERSON Any individual, corporation, partnership, joint venture, agency, unincorporated association, municipal corporation, County, state or federal agency, or any combination thereof. PHASED DEVELOPMENT The development of land by phasing over an extended period of time. POST-DEVELOPMENT STATE A site in its proposed condition following the completion of a development activity. PREDEVELOPMENT STATE A site in its natural state prior to any development activity. REDEVELOPMENT The substantial modification of an existing developed area. Redevelopment does not include projects limited strictly to interior remodeling. When additional development occurs at a site that has existing development, the built-upon area of the existing development shall not be included in the density calculations for additional stormwater control requirements, and stormwater control requirements cannot be applied retroactively to existing development RETENTION The collection and storage of stormwater runoff without subsequent discharge to surface waters. SEDIMENT CONTROL (LAND DISTURBANCE) PERMIT The sediment control permit issued by the County or the state authorizing land disturbing activities in accordance with applicable ordinances and regulations. SITE That portion of land, lot, or parcel of land, or combination of contiguous lots or parcels of land upon which development is to be performed. STORM FREQUENCY The average recurrence interval, in years, between rainfall events which equal or exceed the given event. (Example: A two-year frequency storm is a storm of an intensity expected to occur on the average, at least once in two years, and of a duration which will produce the peak rate of runoff for the watershed of interest). STORMWATER CONTROL MEASURE (SCM) A device or practice that is designed to alter or reduce runoff velocity, amount, timing, or other stormwater characteristics and/or trap, settle out, filter, or otherwise reduce pollutants from stormwater runoff. The term includes all measures formerly known as “best management practices” or “BMPs”. Such measures include but are not limited to stormwater detention facilities, constructed wetlands, bioretention areas, sand filters, rainwater harvesting systems, vegetative Planning Board - October 6, 2022 ITEM: 2 - 3 - 5 6 areas, level spreaders, filter strips, buffers, vegetated swales, and appurtenant drainage facilities. (see also Best Management Practice and Facility) STORMWATER CONVEYANCE Any feature of the landscape or earth, manmade or natural, whose primary purpose is to carry stormwater in a concentrated flow. It does not include stormwater control measures, best management practices, and stormwater facilities whose purpose is to manage the quantity or quality of stormwater. STORMWATER DESIGN MANUAL The current New Hanover County Storm Water Design Manual available from the Engineering Department. STORMWATER DISCHARGE Runoff of water resulting from precipitation in any form. STORMWATER MANAGEMENT Qualitative and quantitative measures for controlling stormwater runoff. Qualitative controls consist of vegetative, structural and other measures which control or treat pollutants carried by runoff. Quantitative controls consist of vegetative and structural measures which control the increased volume and rate of surface runoff caused by manmade changes to the land and have the effect of maintaining the predevelopment patterns of flood magnitude and frequency. STORMWATER MANAGEMENT PLAN A plan designed in accordance with the County stormwater design manual to minimize flooding, water quality impacts and erosion, prevent off-site sedimentation and manage stormwater runoff, submitted as a prerequisite to obtaining a Stormwater Permit. The plan shall be prepared and designed in accordance with this article, all other County regulations, and applicable state and federal laws and regulations. STORMWATER SYSTEM All manmade structures or natural features within the County that serve to provide for conveyance of stormwater runoff water resulting from natural storm events. Components of the stormwater system include but are not limited to swales, ditches, pipes, channels, creeks, ponds, weirs, culverts, manholes, swales, inlet structures and infiltration fields. SUPPORTING DOCUMENTS Plans, profiles, details, specifications, calculations, deeds, easements, covenants, operation and maintenance plans, maps delineating the 404 wetlands on the site signed by the U.S. Army Corps of Engineers, soils investigation data, and other such material as may be required by the County to review the application for Stormwater Permit for a project pursuant to this article. UNDEVELOPED LAND Land that does not meet the definition of developed land. WATERCOURSE AND DRAINAGEWAY Any natural or artificial feature, including, but not limited to: streams, rivers, creeks, ponds, lakes, ditches, channels, canals, conduits, culverts, drains, waterways, gullies, ravines or washes in which waters flow in a definite direction or course, either continuously or intermittently; and including any area adjacent thereto which is subject to inundation by reason of overflow of floodwater. WETLANDS (404 WETLANDS) Those areas defined by the U.S. Army Corps of Engineers as jurisdiction 404 wetlands. Planning Board - October 6, 2022 ITEM: 2 - 3 - 6 7 Section 7.7. Policies 7.7.1. COUNTY’S ROLE The County has a role in the management of stormwater through authorization, planning, construction, operation, and maintenance of facilities to reduce the adverse effects of stormwater runoff and to satisfy state and federal statutes and regulations. It is the intent of the County for Stormwater Services to ensure proper conveyance of stormwater through provision of limited maintenance for some portions of stormwater conveyances on private property in accordance with administrative policies. 7.7.2. PROPERTY OWNER RESPONSIBILITY Although the County Stormwater Services intends to provide limited maintenance on private property, it shall remain the ultimate responsibility of individual property owners of developed or undeveloped land within the unincorporated areas of the County, to maintain stormwater conveyance facilities, such as waterways, streams, creeks, ditches, swales, channels, canals, conduits and culverts, and stormwater control facilities, such as ponds and lakes within their property. Where conditions of existing stormwater facilities are determined to be deficient or a public nuisance, and the property owner fails to correct the deficiencies after being notified by the County, the County may arrange for the deficiencies to be corrected and recover all costs thereto from the property owner. However, the recovery of costs from property owners is subject to appeal as described in Section 7.17. 7.7.3. LIMITATIONS OF ARTICLE This article does not imply that properties within the unincorporated area shall always be free from flooding or flood damage, surface water stagnation or nonpoint source pollution or that all flood control and water treatment projects to control the quantity and quality of runoff can be cost-effectively constructed. Nothing in this article shall create additional duties on the part of the County or hold the County liable for any damages incurred in a flood or from adverse water quality due to stormwater runoff. Nothing in this article shall waive the County's immunity or defenses under state law or reduce the need or necessity for flood insurance. 7.7.4. CONSISTENCY WITH COUNTY, STATE, FEDERAL RULES AND REGULATIONS The requirements of this article shall be enacted, administered, and enforced consistently with the requirements of the County, state and federal government for controlling stormwater quality and quantity. If the requirements of this article are found to conflict with other rules and regulations of the County, the state, or the federal government, the more stringent or higher requirements shall govern unless limited by state or federal law. Section 7.8. Development Plans and Permits 7.8.1. STORMWATER MANAGEMENT STANDARDS All land within the unincorporated areas of the County to be developed shall have sufficient stormwater conveyances and control measures to ensure the protection of life, property, and natural resources from increased quantity of runoff. Planning Board - October 6, 2022 ITEM: 2 - 3 - 7 8 Development subject to this article shall, at a minimum, provide stormwater conveyances designed to properly convey stormwater runoff for post-development conditions during the 2- year, 10-year, and 25-year frequency storm events and shall provide adequate stormwater control measures to mitigate the increased runoff from the post-development conditions during the 2-year, 10-year, and 25-year frequency storm events such that the discharge rate leaving the development in post-development condition does not exceed the pre-development rates. A. Drainage Plan Requirement: Submittal and approval of a Drainage Plan is required for all development unless all of the following conditions are met. 1. The development does not result in additional built upon area; 2. The development does not include the importation of any fill material; 3. The development does not alter the capacity or pattern of any existing drainage conveyance systems or involve the piping of any open conveyance; and 4. The development provides greater or equal stormwater control to that of the previous development. It is the responsibility of an applicant to provide sufficient information in the Drainage Plan so the County or its agents may reasonably evaluate the characteristics of stormwater modifications, the potential and predicted impacts of the proposed activity on adjacent areas, and the effectiveness and acceptability of those measures proposed by the applicant for reducing adverse impacts. The applicant shall provide, as necessary, maps, tables, photographs, narrative descriptions and explanations to demonstrate compliance with the County's stormwater management standards. The Drainage Plan need not be prepared by a registered design professional. However, the County will consider plans and additional alternatives to meet the stormwater requirements if prepared by a registered design professional. An on-site meeting with the County Engineer or his/her designee is strongly encouraged prior to plan preparation. The Drainage Plan shall be submitted as part of the application for a building permit or land disturbing permit. B. Stormwater Permit Requirement: A Stormwater Permit and Stormwater Management Plan are required for any development activity that will result in the accumulation of 10,000 square feet or more of built upon area on any site or as part of a common plan of development. A one- time exemption may be granted for the addition of 3,000 square feet of built upon area when the existing built upon area exceeds 10,000 square feet or will exceed 10,000 square feet upon the addition of 3,000 square feet of new built upon area. 1. Required stormwater control measures shall be designed, constructed and maintained by the owner of the property in accordance with the provisions of this article. 2. The County Engineer may require submittal of a stormwater impact analysis and additional stormwater control measures for development at or upstream of documented flooding cases or where stormwater runoff from the site may cause adverse effects on other public or private properties. Planning Board - October 6, 2022 ITEM: 2 - 3 - 8 9 The stormwater impact analysis shall evaluate downstream conditions and make design recommendations for improvements to maintain adequate stormwater management per this article. Analysis must be conducted to the next downstream facility (i.e. NCDOT culvert or natural water body). Section 7.9. Plan Review A. The application and supporting documents shall be reviewed by the County or its agents. Upon satisfactory review of the application form and supporting documents whereby the County finds that the application and supporting documents are consistent with the requirements of the ordinance from which this article is derived, the County will issue a Stormwater Permit. If no action is taken by the County within the time limits specified in the design manual, the project will be deemed to have been approved and the County will take appropriate action. B. The review of the application and supporting documents by the County shall determine if the request submittal is complete and in accordance with the requirements of the ordinance from which this article is derived. Nothing in the review shall create additional duties on the part of the County that are the responsibilities of the owner and the design professional. Section 7.10. Operation and Maintenance The owner shall be responsible for the operation and maintenance of required permitted stormwater control facilities and conveyances serving those facilities. If repairs are needed to the stormwater facilities and associated conveyances, the owners of record, as ascertained from the County tax record or other public documents that the County personnel may choose to examine, shall be responsible for making the repairs. Section 7.11. Transfer of Ownership A. Transfer of Ownership Authorization for Stormwater Control Facilities Falling within Common Areas of a Development Ownership of stormwater control facilities falling within the common areas of a development shall not be transferred without the written authorization of the County. The application form to transfer ownership may be obtained from County Engineering. The application fee for requesting authorization to change ownership shall be based on a fee schedule approved by the County Board of Commissioners. B. Transfer of Ownership of Stormwater Control Facilities Not Falling within Common Areas of a Development Planning Board - October 6, 2022 ITEM: 2 - 3 - 9 10 Ownership of stormwater control facilities, including, but not limited to grassed swales, ditches and water-carrying devices, that fall within the deeded areas of an individual parcel or home site, shall not be transferred with the passing of a general warranty deed without the written authorization of the County. The deed restrictions are to state that the owner will continue to operate and maintain the facilities in accordance with the conditions, obligations and duties of the Stormwater Permit and the ordinance from which this article is derived. Acceptance of the general warranty deed shall be a certification that the proposed owner(s) will continue to operate and maintain the stormwater control facilities in accordance with the conditions, obligations and duties of the Stormwater Permit and the ordinance from which this article is derived. Section 7.12. Variance Requests A design variance from the requirement to provide management of post-development runoff of this article must be requested in advance in writing. A final permit will be issued to the applicant subject to verification and certification by the County Engineer that the final design meets the requirements identified in the original written variance request. All other provisions of the article remain applicable to development within the unincorporated areas. Section 7.13. Right of Entry A. The County shall have right-of-entry on or upon the property of any person subject to this article and any construction authorization issued under this article. The County shall be provided ready access to all parts of the premises for the purposes of inspection, monitoring, sampling, inventory, records examination and copying, and the performance of any other duties necessary to determine compliance with this article. B. Where a person has security measures in force which require proper identification and clearance before entry into its premises, the person shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the County will be permitted to enter without delay for the purposes of performing specific responsibilities. C. The County shall have the right to set up on the person's property such devices as are necessary to conduct sampling and/or metering of the person's operations as it applies to this article. D. Any temporary or permanent obstruction to safe and easy access to the areas to be inspected and/or monitored shall be removed promptly by the person at the written or verbal request of the County. The costs of clearing such access shall be borne by the person. E. The County may inspect the facilities of any user to ensure compliance with this article. Such inspection shall be made with the consent of the owner, manager or signatory official. The County may seek issuance of an administrative search warrant if such consent is refused. Planning Board - October 6, 2022 ITEM: 2 - 3 - 10 11 Section 7.14. Violations Any of the following shall be a violation of this article and shall be subject to the enforcement remedies and penalties provided by this article and by state law. A. Development without permit To engage in any development or redevelopment, subject to the jurisdiction of this article without all required certificates or other forms of authorization as set forth in this article. B. Development inconsistent with permit To engage in any development, use, construction, remodeling or other activity of any nature in any way inconsistent with any approved required certificate or other form of authorization granted for such activity. C. Violation by act or omission To violate, by act or omission, any term, variance, modification, condition or qualification placed by the County or its agent boards upon any required permit, certificate or other form of authorization of the use, development or other activity upon land or improvements on the land. D. Use in violation To erect, construct, reconstruct, alter, repair, convert, maintain or use any building or structure, or to use any land in violation or contravention of this article or any other regulation made under the authority conferred by this article. E. Continuation To continue any of the violations listed in subsections (A) through (D) of Section 7.14 is a separate and distinct offense for each day. Section 7.15. Public Nuisances A. Drainage Nuisances The following conditions shall constitute a detriment, danger and hazard to the health, safety, morals and general welfare of the inhabitants of the County and shall be public nuisances wherever such conditions may exist. The creation, maintenance or failure to abate any nuisance is hereby declared unlawful. 1. Any condition which blocks, hinders or obstructs in any way the natural flow of branches, streams, creeks, surface waters, ditches or drains to the extent that the premises is not free from standing water. 2. Any conditions whereas earth, sediment, or other natural or man-made material is placed, washes or erodes onto a natural or manmade swale, ditch, pipe, channel or water body, either on or off-site, so as to block, hinder, impair or obstruct positive water flow, in the reasonable discretion of the County Engineer. 3. Flooding caused by improper or inadequate drainage from private property which interferes with the use of, or endangers in any way the streets, sidewalks, parks or other county owned property of any kind provided that such determination shall be made by the County Engineer. Planning Board - October 6, 2022 ITEM: 2 - 3 - 11 12 4. Any collection of stagnant water for which no adequate drainage is provided and which is, or is likely to become, a nuisance. 5. Any stormwater retention or impoundment device determined to be operating improperly by the County Engineer or his designee. B. Notice to abate; emergency abatement by County If any person shall violate the provisions of this article, it shall be the duty of the County to give notice to the owner or to any person in possession of the subject property, directing that all unlawful conditions existing upon the property be abated within ten days from the date of such notice or within ten days from the date of a final decision if appealed to the County Manager or designee. If the County determines that the unlawful condition poses an imminent danger or peril to the public, then an authorized representative of the County may, without notice, proceed to abate the unlawful condition. The cost thereof shall be charged against the property as a lien collectible in the same manner as ad valorem taxes. C. Abatement by County where owner fails to abate Upon the failure of the owner or person in possession of any premises to abate within ten days any unlawful condition existing on the premises, it shall be the duty of an authorized representative of the County to cause the removal and abatement of such unlawful condition. Section 7.16. Enforcement Any or all of the following procedures may be used to enforce the provisions of this article. A. Injunction Any violation of this article or of any condition, order, requirement or remedy adopted pursuant hereto may be restrained, corrected, abated, mandated or enjoined by other appropriate proceeding pursuant to state law. B. Civil Penalties Any person who violates any provisions of this article shall be subject to the assessment of a civil penalty. C. Denial of Permit The County shall withhold or deny any permit, certificate or other authorization on any land, building, structure or use in which there is an uncorrected violation of a provision of this article, or of a condition or qualification of a previously granted permit, certificate or other authorization. D. Conditional Permit or Temporary Certificate The County may condition the authorization of any permit or certificate upon the correction of the deficiency, payment of civil penalties within a specified time, or the posting of a compliance security approved by appropriate government authority. Planning Board - October 6, 2022 ITEM: 2 - 3 - 12 13 E. Revocation of Permit The County may revoke and require the return of a permit or certificate by notifying the permit holder in writing, stating the reason for the revocation. Permits or certificates shall be revoked for any substantial departure from the approved application plans or specifications; refusal or failure to comply with the requirements of state or local law; or for false statements or misrepresentations made in securing the permit or certificate. Any permit or certificate mistakenly issued in violation of any applicable state or local law may also be revoked. F. Criminal Penalties Any violation of this article shall be a misdemeanor or infraction as provided by NCGS 14-4. Each violation shall be subject to a fine not to exceed $500.00. G. Judicial Enforcement When any person is in violation of the provisions of this article, the County, through the County attorney, may petition the superior court of justice for the issuance of a restraining order or a preliminary and permanent injunction which restrains or compels the activities in question. Section 7.17. Appeals A. Any Person subject to an administrative decision or enforcement under this article may appeal such decisions or enforcement actions to the County Engineer. B. Any person assessed a civil penalty or ordered to abate a nuisance under this article shall have the right to a hearing before the County Manager or the Manager's designee upon making a written demand to the County Manager specifying the issues to be contested, within 14 days following receipt of the assessment or abatement notice. C. Unless such written demand is made within the time specified in subsection (a) of this section, the action shall be final and binding. D. The County Manager or the Manager's designee shall make a final decision on the contested penalty or abatement notice within 30 days of the receipt of the written demand for a hearing. E. The County Manager or the Manager's designee shall transmit a copy of the decision by registered or certified mail. F. The decision of the County Manager or the Manager's designee shall be considered the final administrative action for the purposes of judicial review. However, a person assessed a penalty or ordered to abate a nuisance may petition the board of County commissioners requesting review of the County Manager's final decision. The petition must be presented to the clerk of the board within five days following receipt of the County Manager's final decision. Any review by the board shall be solely at its discretion. Section 7.18. Judicial Review Any person may seek judicial review of a final administrative decision by the County Manager or the Manager's designee by filing a petition for writ of certiorari within 30 days after receipt of notice Planning Board - October 6, 2022 ITEM: 2 - 3 - 13 14 by registered or certified mail, but not thereafter, with the superior court of the County and with a copy to the County Manager. Section 7.19. Severability If any section or sections of this Ordinance is/are held to be invalid or unenforceable, all other sections shall nevertheless continue in full force and effect. Section 7.20. Effective Date June 7, 2021 Planning Board - October 6, 2022 ITEM: 2 - 3 - 14 15 Article 10. Administrative Procedures Section 10.1. Advisory and Decision-Making Bodies 10.1.1. GENERAL B. Table 10.1.1 Summary Table of Development Review Responsibilities, summarizes the specific review responsibilities of advisory and decision-making bodies and County staff for each type of application. [05-03-2021] Table 0: Summary Table of Development Review Responsibilities R = review and recommendation or report; D = decision; A = appeal; F = preliminary forum; <> = hearing Type of Application Bo a r d o f Co m m i s s i o n e r s Pl a n n i n g B o a r d Bo a r d o f Ad j u s t m e n t Te c h n i c a l R e v i e w Co m m i t t e e ( T R C ) Co u n t y E n g i n e e r Pl a n n i n g D i r e c t o r Relief Variance – Zoning and Subdivision <D> R Variance – Floodplain See Article 9: Flood Damage Prevention Variance - Stormwater See Article 7: Stormwater Management Reasonable Accommodation <D> R NOTES: [1] If the Planning Board’s decision is to recommend denial of the application, the applicant must submit written notice to the Planning Director of the applicant’s intent to proceed with the hearing before the Board of Commissioners within 10 calendar days of the Planning Board’s decision. If the applicant does not provide such notice within that time period, the application shall be deemed withdrawn. [2] The applicant may request, at the applicant’s option, that the TRC review and provide comments on the application. In such cases, the TRC does not make a recommendation on the application. [3] The decision may be appealed directly to the Superior Court of New Hanover County (see N.C.G.S. § 160D-1403). 10.1.7. COUNTY ENGINEER The County Engineer shall have the following powers and duties: A. Meet the objectives and enforce the stormwater management standards as stated within Article 7 Stormwater Management; and B. To accept applications for construction plans and to issue approval letters for the installation of the required improvements in accordance with the approved plans and the design standards specified in this Ordinance. Planning Board - October 6, 2022 ITEM: 2 - 3 - 15