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S23-01 BOC Staff ReportS23-01 Staff Report BOC 5.1.2023 Page 1 of 13 STAFF REPORT FOR S23-01 SPECIAL USE PERMIT APPLICATION APPLICATION SUMMARY Case Number: S23-01 Request: Special Use Permit for an Additional Dwelling Allowance Applicant: Property Owner(s): Joseph Kass on behalf of Graycliff Capital Affordable Housing LLC Thomas Newton Burriss, Sr., Phillip Grafton Burriss, with Dannen Properties LLC Location: Acreage: 633, 635, 641, and 649 Piner Road 6.245 PID(s): Comp Plan Place Type: R07600-002-011-000, R07600-002-011-001, R07600-002-011-002, R07600-002-012-000 Urban Mixed Use Existing Land Use: Proposed Land Use: Single Family Residential, Vacant Multi-Family Residential Development Current Zoning: R-15, Residential, and O&I, Office and Institutional SURROUNDING AREA LAND USE ZONING North Residential R-15 East Multi-Family Residential O&I South Commercial B-2 West Residential and Commercial R-15 and O&I S23-01 Staff Report BOC 5.1.2023 Page 2 of 13 ZONING HISTORY April 7, 1971 Initially zoned R-15 (Area 4) 2005 One parcel rezoned to O&I COMMUNITY SERVICES Water/Sewer Water and Sewer is available through CFPUA. Fire Protection New Hanover County Fire Services, New Hanover County Southern Fire District, New Hanover County Myrtle Grove Station Schools Bellamy Elementary, Myrtle Grove Middle, and Ashley High Schools Recreation Myrtle Grove Athletic Complex, Arrowhead Park, and Trails End Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation The County’s Conservation Resources Map indicates that pocosin conservation area is present on the site, however it is not sufficient to trigger the County’s conservation resource requirements. Historic No known historic resources Archaeological No known archaeological resources S23-01 Staff Report BOC 5.1.2023 Page 3 of 13 EXISTING CONDITIONS AND PROPOSED SITE PLAN Site Plan for Proposed Multi-Family Development • The applicant is requesting a special use permit for an additional dwelling allowance of up to 9.6 units/acre for a multi-family development with associated amenities, parking, and stormwater features. • The subject site is located on approximately 6.245 acres located on Piner Road, east of the Monkey Junction intersection. • Site access is proposed through a right-in right-out driveway from Piner Road. • The site plan shows the proposed location of the 3 multi-family buildings, driveway, amenities, and stormwater pond. Two of the multi-family buildings will be 3 stories, with 22 and 24 units respectively. The other multi-family building is shown as a 2 story building with 8 units, however if the density is maxed out at 9.6 units per acre, this will then be a three- story building with 12 units. The stormwater pond is located in the back of the property, with the tree save area and 50’ buffer behind the pond and adjacent to single family homes along the north-eastern portion of the site. N Proposed Amenities Pin e r R o a d Proposed Stormwater Pond Proposed Driveway 2-Story Multi- Family Building 3-Story Multi- Family Building 3-Story Multi- Family Building S23-01 Staff Report BOC 5.1.2023 Page 4 of 13 ZONING CONSIDERATIONS • The R-15 zoning district in this area was established in 1971. At the time, the purpose of the R-15 district was to ensure that housing served by private septic and wells would be developed at low densities. • In 2005, one parcel was rezoned to O&I to allow for a greater variety of uses, however never developed. • The subject 6.245-acre site is a compilation of 4 parcels. • Section 3.1.3.E of the UDO allows for an additional dwelling allowance within the O&I and R-15 zoning districts, with a Special Use Permit. • This portion of the county and the Carolina Beach Road corridor have experienced a gradual shift from the original R-15 zoning to more commercial districts and more dense residential uses, a trend that is expected to continue. • The Unified Development Ordinance requires a special use permit approved by the Board of Commissioners to allow an additional dwelling allowance up to 10.2 units per acre, which would permit up to 64 dwelling units. • The existing R-15 and O&I districts both allow multi-family residential structures by-right at a density of no more than 2.5 du/ac in both districts for a maximum of 16 dwelling units. • The applicant is requesting a maximum density of up to 9.6 units per acre for a maximum total of 60 units. Currently 54 units are shown on the plan, and the applicant has requested the ability to add the remaining 6 units at a later date with the addition of a third story on the two-story structure. The three stories are limited to a height maximum of 40ft per the requirements of the R-15 zoning district. • The applicants have provided a site plan which meets all required conditions and specifications for the additional dwelling allowance. • The setbacks proposed are 25’ in the front and sides, and 30’ in the rear and adjacent to existing single-family residential development. . • A tree save area is proposed to be left undisturbed in the rear of the property, with the approval of the adjacent residents. • The UDO contains controls on exterior lighting on the site, and the maximum illumination levels at the common property line with the residential properties to the west shall not exceed 0.5 foot candles. The UDO does prescribe limitations on the height, wattage, bulb- type, or fixture type, and these can be further limited with a conditional zoning request if mutually agreed upon by the applicant. • If approved, the project 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. • The applicant has proposed the following conditions: 1. Density not to exceed 60 total units (9.6 units per acre). Current conceptual site plan shows 54 total residential units at 8.7 units per acre. Site plan shows a mixture of 3 story S23-01 Staff Report BOC 5.1.2023 Page 5 of 13 and 2 story buildings. If additional 6 units are added to the shown 54 units, the 2 story building portions would be raised to 3 stories without altering building footprints. 2. Proposed development must be awarded LIHTC housing tax credits through the North Carolina Housing Finance Agency. 3. Restricted to residential uses only, no commercial uses. 4. Buildings not to exceed 3 stories in height. 5. Site plan to retain undisturbed tree save area within the area labeled as 50' Buffer Easement in NE corner of property adjacent to single family homeowners. AREA DEVELOPMENT S23-01 Staff Report BOC 5.1.2023 Page 6 of 13 TRANSPORTATION CURRENT CONDITIONS Intensity of Current Zoning Typical development under current zoning would allow a maximum of 16 dwelling units. PROPOSED ACCESS Primary Access Piner Road via a right-in right-out access driveway. Secondary Access N/A EXISTING ROADWAY CHARACTERISTICS Affected Roadway Piner Road Type of Roadway NCDOT Minor Arterial Road Roadway Planning Capacity (AADT) 16,804 Latest Traffic Volume (AADT) 16,000 (2021) S23-01 Staff Report BOC 5.1.2023 Page 7 of 13 Latest WMPO Point-in-Time County (DT) 24,345 (February 2022) Current Level of Congestion At Capacity S23-01 Staff Report BOC 5.1.2023 Page 8 of 13 NEARBY NCDOT STIP ROADWAY PROJECTS U-5790 – College Road and Carolina Beach Road (Monkey Junction) Interchange Improvements (2029 Start TBD) - Widen existing roadways and construct additional turn lanes. - Construct flyovers on Carolina Beach Road and College Road. - Piner Road will be widened to 4 lanes, 2 east bound and 2 west bound. Access to the site will remain as is. - The project is anticipated to include bicycle and pedestrian intersection improvements with the ability to connect to future county projects in the area. TRAFFIC GENERATION Traffic Generated by Present Designation Traffic Generated by Proposed Designation Potential Impact of Proposed Designation AM Peak Hour Trips 28 41 +13 PM Peak Hour Trips 27 46 +19 TRAFFIC IMPACT ANALYSIS (TIA) The estimated traffic generated from the site is under the 100 peak hour threshold that triggers the ordinance requirement for a Traffic Impact Analysis (TIA). SUMMARY The proposed project is located along a NCDOT minor arterial road that is currently at capacity; however, the Monkey Junction interchange project will begin after 2029 and is anticipated to decrease congestion in this area. Several other projects are currently under review or development in the vicinity and while their traffic impact analyses did not take this proposal into account, all were developed to take into account general traffic growth in the area. The proposed project’s peak hour traffic is below the 100 peak hour threshold requiring a traffic impact analysis, but NCDOT will review the project through the driveway permitting process. S23-01 Staff Report BOC 5.1.2023 Page 9 of 13 ENVIRONMENTAL • The subject property is not within any Special Flood Hazard Areas. • The property is not within a Natural Heritage Area. • The subject property is located within the Motts Creek Watershed. • The New Hanover County Conservation Resources Map indicate that pocosin wetlands may be present on the site. • Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class II (moderate limitation) and III (severe limitation) soils however the proposed multi-family development will not require a septic system. OTHER CONSIDERATIONS Context and Compatibility • The applicant has applied to the North Carolina Housing Finance Agency for LIHTC housing tax credits to build affordable workforce housing. All of the units will be income restricted and affordable to a range of household incomes at 30%, 50%, 60%, and 70% of area median income. • The site is partially cleared with minimal impact on existing trees on site due to the tree save area proposed on the north side of the property. • The applicant has also provided an impact analysis conducted by North Carolina certified general real estate appraiser JC Morgan which concludes that neighboring property values will not be substantially injured by the proposed development. • Two existing single-family dwellings are currently located and occupied on the site. Existing Dwellings Located on the Property: S23-01 Staff Report BOC 5.1.2023 Page 10 of 13 2016 COMPREHENSIVE LAND USE PLAN The New Hanover County Future Land Use Map provides a general representation of the vision for New Hanover County’s future land use, as designated by place types describing the character and function of the different types of development that make up the community. These place types are intended to identify general areas for particular development patterns and should not be interpreted as being parcel specific. Future Land Use Map Place Type Urban Mixed Use Place Type Description Promotes development of a mix of residential, office, and retail uses at higher densities. Types of uses encouraged include office, retail, mixed use, small recreation, commercial, institutional, single-family, and multi-family residential. Analysis The intent of the Urban Mixed Use place type is to provide urban design features and / or transitions between lower density housing and higher intensity development in areas adjacent to the City of Wilmington. As proposed, the density of this multi-family project is consistent with the Urban Mixed Use placetype and assists in meeting the goals of the Comprehensive Plan of providing affordable housing for residents with fewer existing housing options and of establishing higher densities along major roadways that provide a transition of densities and intensities. The proposed project places multi-family housing in close proximity to the commercial corridor along Carolina Beach Road, and adjacent to existing multi-family housing and single family housing. Further, this type of development would assist with providing affordable housing opportunities in close proximity to employment opportunities for residents. S23-01 Staff Report BOC 5.1.2023 Page 11 of 13 STAFF PRELIMINARY CONCLUSIONS AND FINDINGS OF FACT: Staff has conducted an analysis of the proposed use and the information provided as part of the application package and has created preliminary findings of fact for each of the conclusions required to be reached to approve the special use permit request. These preliminary findings of fact and conclusions are based solely on the information provided to date, prior to any information or testimony in support or opposition to the request that may be presented at the upcoming public hearing at the Board meeting. Conclusion 1: The Board must find that the use will not materially endanger the public health or safety where proposed and developed according to the plan as submitted and approved. A. Public water and sewer infrastructure and capacity are available to serve the site. B. The subject property is located in the New Hanover County Southern Fire Service District. C. Access to the site will be provided by a full access driveway to Piner Road. D. The subject site does not host any known cultural or archaeological resources. E. The National Wetlands Inventory and the New Hanover County Conservation Resources Map indicate that pocosin wetlands may be present on the site. F. The proposed use will generate an estimated additional 13AM/19PM peak hour trips resulting in a minimal increase in traffic. Conclusion 2: The Board must find that the use meets all required conditions and specifications of the Unified Development Ordinance. A. An Additional Dwelling Allowance is allowed by Special Use Permit in the O&I, Office and Institutuional, and R-15, Residential zoning districts provided that the project meets the standards of Section 3.1.3.E of the Unified Development Ordinance. B. Section 3.1.3.E.1 establishes a maximum density of 10.2 units/acre in R-15 and O&I districts. The applicant is requesting a maximum density of up to 9.6 units/acre for a maximum total of 60 units. C. Section 3.1.3.E.2.a requires developments with an additional dwelling allowance to be located either totally or primarily in, contiguous to, or within 250 feet of, the boundary of areas classified as Employment Center, Urban Mixed Use, or Community Mixed Use place types in the Comprehensive Plan. The site is located completely within the Urban Mixed Use placetype. D. Section 3.1.3.E.2.b states that the development shall have direct access to and from an existing major or minor arterial as indicated on the most recent officially adopted Wilmington MPO Functional Classification Map. In addition, all interior drives shall be designed so as to provide adequate access for emergency vehicles. The subject site has direct access to Piner Road, an NCDOT maintained minor arterial road. If approved the site plan will be reviewed by the Technical Review Committee, ensuring adequate access for emergency vehicles. E. Section 3.1.3.E.3 regulates the minimum amount of gross site area that shall be set aside as open space in accordance with Section 5.8, open space requirements. The R-15 and O&I districts require 35% open space. The proposed open space shown on the applicant’s submitted site plan meets this requirement. S23-01 Staff Report BOC 5.1.2023 Page 12 of 13 F. Section 3.1.3.E.4 establishes minimum district improvements required by the county including public water and sewer, storm drains, curb and gutter and a maximum impervious surface ratio for gross site area of 0.40. These requirements have been shown and curb and gutter details will be required during the site plan approval process. G. Section 3.1.3.E.5 requires a minimum 25’ setback from the property line and 20’ from adjacent multifamily dwellings. The locations of the proposed structures meet the setback requirements. H. Section 3.1.3.E .6. requires other development standards in regards to buffer strips, parking, signage, and utilities in accordance with Sections 5.4, 5.1, 5.6, and 4.3.3.I of the UDO. Standards will be required to be met at the time of site plan approval. Conclusion 3: The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. A. The location of the proposed multi-family development and associated amenities are located near an existing mix of commercial, multi-family, and single-family development. B. The land use in the immediate vicinity of the subject site is commercial, multi-family residential, and single family residential. C. The New Hanover County Conservation Resources Map indicate that pocosin wetlands may be present on the site, however it is not sufficient to trigger the County’s open space requirements. D. A tree preservation area in the rear of the site and adjacent to single family homes has been provided in addition to the 50’ rear buffer. E. Evidence has been submitted in the form of an impact analysis by JC Morgan, a North Carolina Certified General Real Estate Appraiser, that the proposal will not have significant adverse impact on adjoining and abutting properties. F. No contradictory evidence has been submitted that this project will substantially injure the value of adjoining or abutting properties. Conclusion 4: The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the Comprehensive Land Use Plan for New Hanover County. A. The subject site currently has 2 single-family homes and is undeveloped. B. The site is bounded by residentially zoned property to the north, office and institutional zoned property to the east and west, and B-2 to the south across Piner Road. C. Land uses in the immediate vicinity of the subject site are single-family and multi-family residential and commercial. D. The Comprehensive Plan classifies the property as Urban Mixed Use which focuses on the development of a mix of residential, office, and retail uses at higher densities. Types of uses encouraged include office, retail, mixed use, small recreation, commercial, institutional, single-family, and multi-family residential. The intent of the Urban Mixed Use place type is to provide urban design features and / or transitions between lower density housing and higher intensity development in areas adjacent to the City of Wilmington. This type and density of residential multifamily development is specifically encouraged in this Comprehensive Plan place type. Further, the Comprehensive Plan’s implementation S23-01 Staff Report BOC 5.1.2023 Page 13 of 13 guidelines aim to support a diversity of housing, supporting economic prosperity, when placed to best serve the needs of surrounding residents, business, and institutional uses, can help to advance those goals. EXAMPLE MOTIONS Example Motion for Approval: Motion to approve, as the Board finds that this application for a Special Use Permit meets the four required conclusions based on the findings of fact included in the Staff Report. [OPTIONAL] Note any additional findings of fact related to the four required conclusions [OPTIONAL] Note any conditions be added to the development: [List Conditions] Suggested Condition: 1. Density not to exceed 60 total units (9.6 units per acre). Current conceptual site plan shows 54 total residential units at 8.7 units per acre. Site plan shows a mixture of 3 story and 2 story buildings. If additional 6 units are added to the shown 54 units, the 2 story building portions would be raised to 3 stories without altering building footprints. 2. Proposed development must be awarded LIHTC housing tax credits through the North Carolina Housing Finance Agency. 3. Restricted to residential uses only, no commercial uses. 4. Buildings not to exceed 3 stories in height. 5. Site plan to retain undisturbed tree save area within the area labeled as 50' Buffer Easement in NE corner of property adjacent to single family homeowners. Conditions may be added to a Special Use Permit with the consent of the applicant. Example Motion for Denial: Motion to deny, as the Board cannot find that this proposal: 1. Will not materially endanger the public health or safety; 2. Meets all required conditions and specifications of the Unified Development Ordinance; 3. Will not substantially injure the value of adjoining or abutting property; 4. Will be in harmony with the area in which it is to be located and in general conformity with the Comprehensive Land Use Plan for New Hanover County. [State the finding(s) that the application does not meet and include reasons why it is not being met]