04-04-24 Planning Board Agenda PacketNEW 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
Jeffrey P Petroff, Chair |Donna Girardot, Vice-Chair
Paul Boney|Hansen Ma'hews |Jeffrey Stokley Jr. | H. Allen Pope |Colin J. Tarrant
Rebekah Roth, Director| Ken Vafier, Planning Manager
APRIL 4, 2024 6:00 PM
Mee2ng Called To Order
Pledge of Allegiance
Approval of Minutes
REGULAR ITEMS OF BUSINESS
The Planning Board may consider substanal changes in these peons as a result of objecons, debate,
and discussion at the meeng, including rezoning to other classificaons.
1 Public Hearing
Text Amendment Request (TA24-01) - Request by New Hanover County Planning & Land Use to
amend Ar2cles 2, 4, and 5 of the Unified Development Ordinance (UDO) in order to provide for a
defini2on, permissions, and supplemental standards for Suppor2ve Housing Communi2es.
2 Comprehensive Plan Amendment - Staff Presenta2on - Bicycle and Pedestrian Priori2es Plan -
Public Comment Dra? Release
3 Staff Presenta2on - Residen2al Density and Infill Guidelines Comprehensive Plan Amendment -
Public Comment Dra? Release
Planning Board - April 4, 2024
NEW HANOVER COUNTY PLANNING BOARD
REQUEST FOR BOARD ACTION
MEETING DATE: 4/4/2024
Regular
DEPARTMENT: Planning PRESENTER(S): Ken Vafier, Planning Operaons Supervisor
CONTACT(S): Ken Vafier; Rebekah Roth, Planning & Land Use Director
SUBJECT:
Public Hearing
Text Amendment Request (TA24-01) - Request by New Hanover County Planning & Land Use to amend Ar7cles 2,
4, and 5 of the Unified Development Ordinance (UDO) in order to provide for a defini7on, permissions, and
supplemental standards for Suppor7ve Housing Communi7es.
BRIEF SUMMARY:
New Hanover County Planning & Land Use Staff has dra(ed an amendment to amend Arcles 2, 4, and 5 of the
Unified Development Ordinance (UDO) in order to provide for a definion, permissions, and supplemental standards
for Supporve Housing Communies.
In recent months, staff has received inquiries into proposals for different models of supporve housing communies or
facilies to which the Unified Development Ordinance (UDO) does not have a clearly defined land use to
accommodate. Examples of these models include housing for individuals in recovery or those dealing with personal
circumstance such as domesc abuse, mental health, financial or other hardship, or other situaons which may require
housing with accompanying assistance or a connuum of care. Such communies are geared toward providing a
housing model that is not typically accommodated by homeownership, private market rental opportunies, or
accommodaons geared toward inpaent or outpaent healthcare, senior living, or transient lodging.
The intent of this Amendment is to create a new use and definion for Supporve Housing Community to
accommodate an idenfied organizaonal and community need and to remove barriers to the development of such
uses in the unincorporated county. This will reduce subjecvity in the interpretaon of the Principal Land Use Table
and provide a direct process for development of this use with appropriate guiding standards.
This text amendment aims to encompass defining Supporve Housing in the UDO, arculang permissions for the use,
and outlining supplemental standards consistent with those of a residenal subdivision or community living facility.
A Supporve Housing proposal may funcon either as a community of individual housing units, or as group living in a
campus-like se:ng, similar to the UDO’s allowance for Senior Living opons. Staff’s inial proposal is that the use be
permi<ed by-right in the lower density residenal (RA, R-20, R-15, R-10, and R-7) districts and the Office and
Instuonal district and subject to the respecve district’s density requirements and dimensional standards, similar to
that of a convenonal or performance development. For a group living proposal or those that exceed density
requirements, a rezoning to the corresponding zoning district via a Condional Rezoning would be required.
Supplemental standards that address separaon requirements, density and permi:ng requirements, and those
governing dimensional, design, and code standards are included with this amendment.
Potenal Amendment Concepts were presented to the Planning Board at the February 1, 2024 meeng, and staff has
met with various stakeholders involved in the development or management of Supporve Housing Communies to
complete a first dra( of the ordinance provisions. This dra( was released for public comment on March 22, 2024, and
Planning Board - April 4, 2024
ITEM: 1
staff received no comments during the public comment period.
STRATEGIC PLAN ALIGNMENT:
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Staff recommends approval of the requested amendment and suggests the following moon:
I move to RECOMMEND APPROVAL of the proposed amendment to the New Hanover County Unified
Development Ordinance to provide for new standards for supporve housing communies. I find it to be
CONSISTENT with the purpose and intent of the Comprehensive Plan because it provides an opon within the
UDO to expand the ability to provide for a range of housing types, opportunies, and choices. I also find
RECOMMENDING APPROVAL of the proposed amendment reasonable and in the public interest because it
creates an opon and removes current limitaons within the UDO to address an idenfied community need
for residents needing supporve housing in the community.
Alterna7ve Mo7on for Denial:
I move to recommend [Approval / Denial] the proposed amendment to 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].
ATTACHMENTS:
Descripon
TA24-01 PB Script
TA24-01 PB Staff Report
TA24-01 PB Draft Amendment
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Planning Board - April 4, 2024
ITEM: 1
SCRIPT for Unified Development Ordinance Text Amendment (TA24-01)
Request by New Hanover County to amend Articles 2, 4, and 5 of the Unified Development Ordinance
in order to provide for a definition, permissions, and supplemental standards for Supportive Housing
Communities.
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.Supporter’s Presentation (up to 15 minutes)
c.Opponent’s presentation (up to 15 minutes)
d.Staff’s response to questions and concerns (up to 5 minutes)
e.Opponent’s 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 text amendment request is
reasonable and in the public interest.
Example Motion for Approval:
I move to RECOMMEND APPROVAL of the proposed amendment to the New Hanover County
Unified Development Ordinance to provide for new standards for supportive housing communities.
I find it to be CONSISTENT with the purpose and intent of the Comprehensive Plan because it
provides an option within the UDO to expand the ability to provide for a range of housing types,
opportunities, and choices. I also find RECOMMENDING APPROVAL of the proposed amendment
reasonable and in the public interest because it creates an option and removes current limitations
within the UDO to address an identified community need for residents needing supportive housing
in the community.
Alternative Motion for Approval/Denial:
I move to [Approve/Deny] the proposed amendment to the New Hanover County Unified
Development Ordinance to provide for Supportive Housing Community standards. 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 - April 4, 2024
ITEM: 1 - 1 - 1
STAFF REPORT FOR TA24-01
TEXT AMENDMENT APPLICATION
APPLICATION SUMMARY
Case Number: TA24-01
Request:
To amend Articles 2, 4, and 5 of the Unified Development Ordinance (UDO) in order to provide
for a definition, permissions, and supplemental standards for Supportive Housing Communities.
Applicant: Subject Ordinances:
New Hanover County Unified Development Ordinance
Purpose & Intent:
This amendment updates the Unified Development Ordinance to provide a new land use
classification with an accompanying definition, permissions in the Principal Use Table, and
standards for Supportive Housing Communities.
1.Definition Draft, UDO Section 2.3
a.Addition of definition of Supportive Housing Community
2.Amend Principal Use Table, UDO Table 4.2.1
a.Addition of use and permissions in RA, R-20, R-15, R-10, R-7, and O&I
3.Outlining standards for Supportive Housing
a.Updating Section 4.3.2.B, Group Living Standards to include:
i.Separation requirements;
ii.Integration of support service structures (amenity centers, clinics,
offices, etc. into community;
iii.Building code requirements;
iv.Density requirements and calculations, dimensional standards, and
design requirements;
4.Amend Table 5.1.2.A: Minimum Off-Street Parking to include parking standard.
BACKGROUND
In recent months, staff has received inquiries into proposals for different models of supportive
housing communities or facilities to which the Unified Development Ordinance (UDO) does not have
a clearly defined land use to accommodate. Examples of these models include housing for
individuals in recovery or those dealing with personal circumstance such as domestic abuse, mental
health, financial or other hardship, or other situations which may require housing with accompanying
assistance or a continuum of care. Such communities are geared toward providing a housing model
that is not typically accommodated by homeownership, private market rental opportunities, or
Planning Board - April 4, 2024
ITEM: 1 - 2 - 1
accommodations geared toward inpatient or outpatient healthcare, senior living, or transient
lodging.
New Hanover County currently has no direct use or guidance for this type of housing arrangement.
The county has had recent inquiries from prospective developers of the use, and it is supported by
the Strategic Plan. It is the goal of this text amendment to create and adopt a new land use that
will remove subjectivity in the interpretation of the Principal Land Use Table and provide a more
direct process for development of these uses with appropriate guiding standards. This text
amendment aims to encompass defining Supportive Housing in the UDO, articulating permissions for
the use, and outlining supplemental standards consistent with those of a residential subdivision or
community living facility while recognizing the need for support services to be provided to residents
within a Supportive Housing Community.
Providing this type of housing has been prioritized by the county in other efforts due to the identified
need in the community. A recent Mental Health and Substance Use Disorder Strategic Plan
conducted by the Office of Strategy identified the lack of specific UDO provisions as a barrier to
providing supportive housing in the unincorporated county.
In addition, the 2024-2028 NHC Strategic Plan outlined Community Based Outcomes with Strategic
Objectives and measurable targets, and the provision of a means for supportive housing is consistent
with the following outcomes and objectives:
The UDO contains five broad categories of housing types: Household Living, Group Living, Health
Care Facilities, and Lodging. Household Living is characterized by a range of housing types that
are typically owner or renter occupied such as single-family detached and attached, multi-family,
manufactured and mobile homes, or live/work units. Housing products in this category may be
affiliated with an organization or housing program, such as Habitat for Humanity, a senior living
development, or developed as a Low-Income Housing Tax Credit (LIHTC) program. However, they
typically are occupied by an individual, family, or group of roommates living independently. While
support personnel may come to a private home, it typically is not an organized component of the
community, nor is there a continuum of care in a typical household living community.
Group Living uses are comprised of those that typically serve as an interim lodging opportunity for
those needing supervised and independent health or recovery care, fraternity or sorority homes, or
Planning Board - April 4, 2024
ITEM: 1 - 2 - 2
senior living options including assisted living and continuing care retirement communities. The UDO’s
current land use classifications in the Group Living category may be targeted towards a specific
population demographic, such as Senior Living, or may be restricted by separation requirements
for individual group homes.
Health Care Facilities include uses that are more clinical or institutional in nature and offer
accommodations for common medical conditions, such as hospice, hospitals, in-patient clinics, and
nursing and rehabilitation centers. However, these facilities typically offer short term
accommodations during the duration of the condition or treatment and are not a viable option for
transitional lodging.
Lodging is comprised of uses that typically accommodate short term stays in commercially oriented
uses for personal, business, and recreational travel such as hotels, motels, bed and breakfasts, and
campgrounds/RV parks.
Depending on the specific scope and model of a transitional or supportive housing proposal, it may
be able to be interpreted as a land use in one of the above groupings. However, it seems that
such proposals are unique enough that they would warrant their own designated land use, with the
appropriate permissions assigned and supplemental standards adopted.
A Supportive Housing proposal may function either as a community of individual housing units, or
as group living in a campus-like setting, similar to the UDO’s allowance for Senior Living options.
Staff’s initial proposal is that the use be permitted by-right in the lower density residential (RA, R-
20, R-15, R-10, and R-7) districts and the Office and Institutional district and subject to the
respective district’s density requirements and dimensional standards, similar to that of a conventional
or performance development. For a group living proposal or those that exceed density
requirements, a rezoning to the corresponding zoning district via a Conditional Rezoning would be
required. Supplemental standards that address separation requirements, density and permitting
requirements, and those governing dimensional, design, and code standards are included with this
amendment.
PLANNING BOARD CONCEPTUAL PRESENTATION
The Planning Board was presented the concept for this amendment at their February 1, 2024
meeting. At that meeting, the Planning Board suggested consideration of the following as the
amendment is being drafted:
1.Consider the need for and the potential effect of separation requirements, similar to the
2,000’ separation requirement for individual group homes. In addition, it was suggested
to consider separation of supportive housing communities from other similar uses, such as
individual group homes.
2.Consider the integration of commercial uses or amenities within a community, such as a
restaurant or amenity center, that can be used for the benefit of the residents or for the
provision of support services. Such uses are common within household living subdivisions
and senior living communities.
Planning Board - April 4, 2024
ITEM: 1 - 2 - 3
PUBLIC COMMENT
No public comment was received by staff during the comment period.
STAFF RECOMMENDATION
Staff recommends approval of the attached amendment and suggests the following motion:
I move to RECOMMEND APPROVAL of the proposed amendment to the New Hanover
County Unified Development Ordinance to provide for new standards for supportive
housing communities. I find it to be CONSISTENT with the purpose and intent of the
Comprehensive Plan because it provides an option within the UDO to expand the ability
to provide for a range of housing types, opportunities, and choices. I also find
RECOMMENDING APPROVAL of the proposed amendment reasonable and in the public
interest because it creates an option and removes current limitations within the UDO to
address an identified community need for residents needing supportive housing in the
community.
Planning Board - April 4, 2024
ITEM: 1 - 2 - 4
TA24-01 Supportive Housing- Public Comment Draft
PROPOSED AMENDMENT
Section 2.3 Definitions
Supportive Housing Community
A residential group living community or campus that combines residential dwelling accommodations
with support services and/or supervisory personnel for residents needing increased assistance and/or
specialized services to assist with transitioning to household living or other dwelling arrangements. The
dwelling units may consist of a range of living accommodations which may include single-family, multi-
family, facility, or dormitory style living along with support services to provide a continuum of care for
residents. Support personnel may, but are not required to, reside on site.
Table 4.2.1 Principal Use Table
Table 4.2.1: Principal Use Table
Key: P = Permitted by Right S = Special Use Permit Required *= Specific Use Standards Apply in District blank cell =
not allowed
Use
Zoning District
Us
e
S
t
a
n
d
a
r
d
s
RA
AR
R-20
S
R-20
R-15
R-10
R-7
R-5
RM
F
-L
RM
F
-M
RM
F
-MH
RM
F
-H
PD
UM
X
Z
B-1
CB
B-2
O&
I
SC
CS
AC
I-1
I-2
Residential uses
Group Living
Family Care Home P* P* P* P* P* P* S* P* P* P* P* P* P* P* P 4.3.2
Fraternity/Sorority
Residence S* S* S* S* P* P* P* P* 4.3.2
Group Home P* P* P* P* P* P* P* P* P* P* P* P* P* P* S* S* 4.3.2
Senior Living:
Assisted Living
Facility [11-16-
2020][03-21-2022]
S* S* S* S* S* S* S* S* S* P* P* S* S* S* 4.3.2
Senior Living:
Continuing Care
Retirement
Community
[11-16-2020]
S* S* S* S* S* S* S* S* S* P* P* S* S* 4.3.2
Supportive
Housing
Community
P* P* P* P* P* P* P* 4.3.2
Planning Board - April 4, 2024
ITEM: 1 - 3 - 1
TA24-01 Supportive Housing- Public Comment Draft
Section 4.3.2 Residential Uses
4.3.2 B GROUP LIVING
6.Supportive Housing Community
Supportive Housing Communities in permitted residential zoning districts shall comply with the
following standards:
a.Supportive housing communities shall not be located closer than 2,000 feet to any
other existing supportive housing community, measured by a straight line from the
nearest perimeter property lines of the parent or all contiguous parcels comprising
the development, irrespective of jurisdictional boundaries.
b.Supportive Housing communities must meet the density requirements in the
respective zoning district in which it is permitted.
a.For the purposes of calculating the density for this use in units per acre,
“Unit” shall be defined as an independent dwelling space or shared room.
b.Applications for Supportive Housing Communities shall submit the total
number of independent dwelling spaces or shared rooms with a floor plan
during the approval process.
c.Supportive Housing communities shall meet the dimensional standards and all
applicable design requirements for the base zoning district in which the community
is located.
d.Support services for residents including, but not limited to, amenity centers, offices,
clinics, and maintenance shall follow applicable standards in Article 5, General
Development Standards.
e.All structures within a supportive housing community shall be designed to meet
applicable provisions of the NC Residential or Commercial Building Code.
Recreational Vehicles, travel trailers, containers, and other accommodations that
do not comply with applicable building code provisions shall not be used for
habitation or dwelling.
f.Supportive Housing communities may be served by a private drive meeting
applicable fire code standards.
Planning Board - April 4, 2024
ITEM: 1 - 3 - 2
TA24-01 Supportive Housing- Public Comment Draft
Table 5.1.2.A Minimum Off-Street Parking
Table 5.1.2.A: Minimum Off-Street Parking
sf = square feet of gross floor area, except where otherwise specified; du = dwelling unit; / = per
Use Required Off-Street Parking
Group Living
Family Care Home 2/du
Fraternity/Sorority Residence 1/single occupancy bedroom
2/double occupancy bedroom
Group Home Maximum of 2 plus 1/every 4 beds plus 2 for resident
supervisor(s)
Senior Living: Assisted Living Facility 1 per 3 beds
Senior Living: Continuing Care Retirement
Community
See Senior Living: Independent Living Retirement
Community and Senior Living: Assisted Living Facility
Supportive Housing Community
.5/unit as defined in Section 4.3.2.B (6) plus 2.5/1,00 sf
1,000 square feet of office, amenity, or other building
space dedicated to the provision of support services
Planning Board - April 4, 2024
ITEM: 1 - 3 - 3
NEW HANOVER COUNTY PLANNING BOARD
REQUEST FOR BOARD ACTION
MEETING DATE: 4/4/2024
Regular
DEPARTMENT: Planning PRESENTER(S): Dylan McDonnell, Associate Planner - Long Range
CONTACT(S): Dylan McDonnell; Rebekah Roth, Planning & Land Use Director
SUBJECT:
Comprehensive Plan Amendment - Staff Presenta0on - Bicycle and Pedestrian Priori0es Plan - Public Comment
Dra5 Release
BRIEF SUMMARY:
The Bicycle and Pedestrian Priori es Plan is intended to ar culate exis ng priority bicycle and pedestrian projects that
have been iden fied and ve&ed over the past several years. They have been presented to the Board previously, but
they are not currently included in any County-adopted plan, which is needed so they can be included in the Wilmington
Urban Area Metropolitan Organiza on's (WMPO) Metropolitan Transporta on Plan (MTP). Inclusion into the MTP
allows projects to be eligible for state and federal funding sources. While staff an cipates addi onal bicycle and
pedestrian projects and recommenda ons which will be iden fied in a full plan update to come later, adop ng a
priority plan now will allow New Hanover County to take advantage of poten al funding opportuni es.
This amendment is also a place to include current Board of Commissioner direc on to have applicants provide bicycle
and pedestrian easements along Carolina Beach Road South where a 10’ (foot) wide mul -use path is desired.
Including it in the Comprehensive Plan will make sure that this policy direc on is clear for both applicants and the
public and will allow bicycle and pedestrian easements to be considered during the development review process.
Implementa on of the amendment is an cipated as an addi on to the exis ng Comprehensive Plan as an appendix
that will include a map, a list of the priori zed projects and any other supplemental informa on. In addi on, Chapter 5
Building the Future will be amended to include changes and/or addi ons to implementa on strategies and/or
guidelines.
Following the presenta on to the Board, staff will be prepared to release the dra= for public comment on April 5th.
STRATEGIC PLAN ALIGNMENT:
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Hear Presenta on
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Planning Board - April 4, 2024
ITEM: 2
NEW HANOVER COUNTY PLANNING BOARD
REQUEST FOR BOARD ACTION
MEETING DATE: 4/4/2024
Regular
DEPARTMENT: Planning PRESENTER(S): Amy Doss, Associate Planner
CONTACT(S): Amy Doss; Rebekah Roth, Planning & Land Use Director
SUBJECT:
Staff Presenta'on - Residen'al Density and Infill Guidelines Comprehensive Plan Amendment - Public Comment
Dra6 Release
BRIEF SUMMARY:
The Residen al Density and Infill Policy Guidelines project is intended to ar culate exis ng policies and provide the
Board of Commissioners and Planning Board with a tool they can use when considering rezoning and special use
permit amendments right away while the Comprehensive Plan is being updated.
This amendment will include recommenda ons for when lower and higher densi es for each place type are
appropriate, guidelines for design elements, and examples to illustrate the elements.
Implementa on of the amendment is an cipated as an addi on to the exis ng Comprehensive Plan as an appendix
that will include specific guidelines for infill development. This appendix will provide guidance on evalua ng the
proposed densi es of condi onal rezoning and special use permit applica ons.
Following the presenta on to the Board, staff will be prepared to release the dra. for public comment on April 5th.
STRATEGIC PLAN ALIGNMENT:
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Hear Presenta on
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Planning Board - April 4, 2024
ITEM: 3