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S24-01 BOC Staff ReportS24-01 Staff Report BOC 6.3.2024 Page 1 of 21 STAFF REPORT FOR S24-01 SPECIAL USE PERMIT APPLICATION APPLICATION SUMMARY Case Number: S24-01 Request: Additional Dwelling Allowance Applicant: Property Owner(s): Samuel Potter, Equitas Law Partners, LLP Hoosier Daddy, LLC Location: Acreage: 535, 539, 543, and 547 Manassas Drive and unaddressed parcels on the 5900 block of Shiloh Drive 16.78 PID(s): Comp Plan Place Type: R07906-001-009-000, R07906-001-010-000, R07906-001-011-000, R07906-001-013-000, R07906-001-014-000, R07906-001-015-000, R07906-001-016-000, R07906-001-017-000, R07906-001-018-000, R07906-002-010-000, R07906-002-009-000, R07906-002-008-000, R07906-002-007-000, R07906-002-006-000, R07906-002-005-000, R07906-002-004-000, R07906-002-003-000, R07906-002-002-000, R07906-002-001-000, R07618-002-002-000, R07618-002-001-000, R07600-004-061-000, R07600-004-067-000, R07600-004-416-000 General Residential & Urban Mixed Use Existing Land Use: Proposed Land Use: Platted and Undeveloped Land 171 multi-family and attached row dwellings Current Zoning: R-15, Residential S24-01 Staff Report BOC 6.3.2024 Page 2 of 21 SURROUNDING AREA LAND USE ZONING North Single-Family Residential and Vacant Undeveloped Land R-15 East Single-Family Residential R-15 South Single-Family Residential and Hanover Pines Park R-15 West General Office, Retail, Self-Storage, and Single-Family Residential R-15 and B-2 ZONING HISTORY April 7, 1971 Initially zoned R-15 (Area 4) COMMUNITY SERVICES Water/Sewer CFPUA water and sewer utilities available through public utility mainline extensions. Fire Protection New Hanover County Fire Services, New Hanover County Southern Fire District, New Hanover County Station 18. Schools Ashley High School, Murray Middle School, Bellamy Elementary Recreation Hanover Pines Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation The conservation resource map indicates pocosin wetlands on the property; however they are not underlaid with Class IV soils, which triggers additional development standards. Historic No known historic resources Archaeological No known archaeological resources S24-01 Staff Report BOC 6.3.2024 Page 3 of 21 APPLICANT’S PROPOSED PLAN Site Plan for Additional Dwelling Allowance with Staff Markup Amenity Center N Multi- Family Row Style Attached Dwellings Stormwater Stormwater S24-01 Staff Report BOC 6.3.2024 Page 4 of 21 • The applicant is requesting a special use permit for an Additional Dwelling Allowance for a maximum density of 10.2 dwelling units on a maximum 16.78 acres for a maximum total of 171 dwelling units. • The proposed plan includes an amenity center and 108 multi-family dwelling units, 55 row- style dwelling units in the form of five 6-unit buildings and five 5-unit buildings, and two quadraplexes. • The applicant proposes to provide stormwater management through a combination of existing stormwater ponds in the Tarin Woods Subdivision and new stormwater ponds. • The property is currently zoned R-15. The maximum base density of the R-15 district is 2.5 dwelling units per acre. Under the performance residential subdivision standards that would result in 42 dwelling units on a 16.78-acre site. • Access is provided through two full access drives onto Manassas Drive with additional interconnectivity to the private roads Sweetgum Drive, Sandridge Drive, and Black Ashe Run. • An additional road stub has been provided to the property line with adjacent commercially zoned property along Carolina Beach Road for future access. A condition has been included guaranteeing that future connection. ZONING CONSIDERATIONS • Additional Dwelling Allowances are permitted in the R-15 district with approval of a Special Use Permit and are subject to the requirements in Section 3.1.3.E of the Unified Development Ordinance (UDO). These standards generally address density, open space, utility and stormwater improvements, proximity to higher density place types listed in the Comprehensive Land Use Plan, access, and impervious surface limitations. • As proposed, the site meets the specifications of Section 3.1.3.E of the UDO. • 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. S24-01 Staff Report BOC 6.3.2024 Page 5 of 21 AREA DEVELOPMENT S24-01 Staff Report BOC 6.3.2024 Page 6 of 21 TRANSPORTATION CURRENT CONDITIONS Intensity of Current Zoning Vacant Undeveloped Residential Lots PROPOSED ACCESS Primary Access Full access onto Manassas Drive Secondary Access Tarin Woods Subdivision private roads Sweetgum Drive, Sand Ridge Drive, Black Ashe Run S24-01 Staff Report BOC 6.3.2024 Page 7 of 21 EXISTING ROADWAY CHARACTERISTICS Affected Roadway Carolina Beach Road Manassas Drive Tarin Woods Subdivision Private Roads Type of Roadway NCDOT State Highway NCDOT Local Road Private Roadway Planning Capacity (AADT) 41,370 4,000* N/A Latest Traffic Volume (AADT) - 2023 46,656 3,000 N/A Latest WMPO Point-in-Time County (DT) 48,748 N/A N/A Current Level of Congestion Above Capacity Available Capacity N/A Sources Source of Planning Capacity: WMPO Source of Latest Traffic Volume: 2023 Source of WMPO Point-in-Time Count: July 2023 NEARBY NCDOT STIP ROADWAY PROJECTS U-5702B – S. College Rd. Improvements (2025 Right-of-way acquisition and utilities) - Access management and travel time improvements along College Road between Shipyard Boulevard and Carolina Beach Road. U-5790 – Monkey Junction Intersection and Roadway Improvements (2029 Right-of-way acquisition and utilities) - Project to convert the intersection of Carolina Beach Road and College Road to a continuous flow intersection. - The project includes widening Carolina Beach Road south of the intersection to Sanders Road. TRAFFIC GENERATION Traffic Generation Estimate for Current Zoning Traffic Generated by Proposed Use Potential Impact of Proposed Use AM Peak Hour Trips 29 76 +47 PM Peak Hour Trips 39 94 +55 Assumptions Typical Development with Existing Zoning – 42 single family dwelling units Proposed Development – 171 multi-family dwelling units. Sources Source of Trip Generation: ITE Trip Generation Manual, 11th ed S24-01 Staff Report BOC 6.3.2024 Page 8 of 21 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). However, the project area was included as part of the overall analysis for the Tarin Woods Subdivision TIA approved in May 2018 and later amended in March 2020. A team of NCDOT, WMPO, and County planning staff work with an applicant’s traffic engineers to develop the scope for the TIA, including the study area, the traffic data which must be collected, trip distribution, and the developments and background traffic growth that must be analyzed. This document is used to identify off-site transportation improvements required to mitigate the impacts of the development and must be approved by the WMPO and NCDOT. Approval Date May 8, 2018 Revised approval March 26, 2020 Development Proposal Analyzed 219 Single Family Detached Dwellings and 458 Multi- Family Dwellings Study Intersections - Carolina Beach Road at Sanders Road - Carolina Beach Road at Manassas Drive - Manassas Drive at Appomattox Drive - Lieutenant Congleton Road at Tarin Road - Manassas Drive at Shiloh Drive - Carolina Beach Road at Kings Highway - Kings Highway at Proposed Site Access - Carolina Beach Road at U-turn north of Kings Highway. Trip Generation - 363 AM peak hour trips - 445 PM peak hour trips - 5,556 average daily trips Traffic Data Collection - January 25, 2017 – Carolina Beach Road at Sanders Road - January 25, 2017 – Carolina Beach Road at Manassas Drive - January 25, 2017 – Manassas Drive at Appomattox Drive S24-01 Staff Report BOC 6.3.2024 Page 9 of 21 - January 25, 2017 – Lieutenant Congleton Road at Tarin Road - January 26, 20217 – Manassas Drive at Shiloh Drive - September 19, 2017 – Carolina Beach Road at Kings Highway - September 19, 2017 – Kings Highway at Proposed Site Access - October 3, 2017 – Carolina Beach Road at U-turn north of Kings Highway. Trip Distribution and Assignment - 75% to and from the north on Carolina Beach Rd - 20% to and from the south on Carolina Beach Rd - 5% to and from the west on Sanders Road Approved Developments & Background Growth - River Lights (20%) - Tarin Woods I - Beau Rivage - Full Build – 2020 - Growth Rate – 1% per year Required Improvements Manassas Drive at Appomattox Drive - No improvements required. Manassas Drive at Shiloh Drive - No improvements required. Lieutenant Congleton Road at Tarin Road - No improvements required. Phase 2A with build out year 2018 – 214 single-family dwelling units. - Provide a northbound leftover / U-turn with 250 feet of storage with appropriate deceleration and taper. S24-01 Staff Report BOC 6.3.2024 Page 10 of 21 - Reduce the northbound left turn lane for Carolina Beach Road at Sanders Road from 550 feet of storage to 450 feet of storage. - The Phase 2A improvements shall require a bond to be provided prior to the recording of a final plat or issuance of any other required final zoning approvals (i.e., final zoning inspection for a multi- family project) for any lot or dwelling unit including or exceeding a total of 96 lots / units within the development. See Phase 2A Bonding Requirements below. Phase 2B(1) with building out year of 2020 – 219 single- family dwelling units (includes Phase 2A) and 398 multi- family dwelling units. - Provide a second westbound right turn lane with 225 feet of storage, full-width deceleration and appropriate taper at Carolina Beach Road and Manassas Drive. - Provide a northbound leftover / U-turn with 250 feet of storage with appropriate deceleration and taper at Carolina Beach Road and the Harris Teeter driveway. - Provide a right-out exit only access road at a new site access north of Sanders Road. - Phase 2A Bonding Requirements: Prior to the recording of a plat that includes or exceeds the 96th lot and / or issuance of any other required final zoning approvals for any lot or dwelling unit including or exceeding a total of 96 lots / units within the development, the applicant shall furnish a bond in an amount necessary to guarantee the improvements required within the TIA Approval Letter for the subject development. The NCDOT District Engineer shall specify the bond amount, terms, and warranty period. - The applicant shall well and truly install the said improvements within the approval letter on an along the highway in accordance with the applicable NCDOT Standard Specifications for Roads and Structures. The applicant shall indemnify NCDOT if the applicants meets any of the following criteria: S24-01 Staff Report BOC 6.3.2024 Page 11 of 21 - Failure to install the required improvements. - Records a plat that includes or exceeds the 96th lot. - Issues any other required final zoning approvals for any lot or dwelling unit including or exceeding a total of 96 lots / units within the subject development, or - Defaults wholly or in part at any time after the subject development includes or exceeds a 96th lot as defined above. SUMMARY The proposed project is located along an NCDOT local road with exits directly onto Carolina Beach Road with additional access to Myrtle Grove Road through Lt. Congleton Road. Carolina Beach Road is currently above capacity. Two proposed NCDOT roadway improvement projects are planned north of the site to address existing roadway conditions however right-of-way acquisition is not anticipated until 2025-2029. The project area was included in a TIA that was approved in 2018 and amended in 2020 encompassing the entire Tarin Woods II development. The scope of the project analyzed in the TIA was more intensive than both the project under consideration and Tarin Woods. NCDOT has stated all of the improvements required by the 2020 amended TIA to mitigate the estimated traffic generated by the project analyzed by the TIA have been installed and accepted by NCDOT. The project will be subject to NCDOT engineering review through the driveway permitting process. *Manassas Drive does not have a listed planning capacity. The WMPO and NCDOT use a base 4,000 vehicles per day for these road types because it is the minimum threshold necessary for NCDOT to discuss roadway capacity improvements. ENVIRONMENTAL • The property is not within a Natural Heritage Area or the Special Flood Hazard Area. • The property is within the Mott Creek and Everette Creek watersheds. • Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class I (Suitable), Class III (Severe Limitation), and Class IV (Unsuitable) soils; however, the project is expected to be served by CFPUA water and sewer if developed. • The conservation resource map indicates pocosin wetlands on the property however they are not underlaid with Class IV soils which triggers additional development standards. • The existing stormwater management ponds for Tarin Woods are sized to accommodate the proposed development for the southern portion of the project adjacent to Shiloh Road. • The development area was included in the original stormwater engineering and permitting for the Tarin Woods Subdivision. S24-01 Staff Report BOC 6.3.2024 Page 12 of 21 • The developer has included a condition to address future maintenance of the existing and any future stormwater management systems requiring portions of the proposed development obtain approval to join the existing Tarin Woods Property Owners Association or enter into a maintenance agreement. OTHER CONSIDERATIONS Schools • Students living in the proposed development would be assigned to Anderson Elementary School, Murray Middle School and Ashley High School. Students may apply to attend public magnet, year-round elementary, or specialty high schools. • A maximum of 42 dwelling units would be permitted under the current R-15 zoning base density, and 171 units could potentially be developed under the proposed zoning for an increase of 129 dwelling units. • Based on a generalized historic generation rate*, staff would estimate that the increase in homes would result in approximately 27 additional students than would be generated under current 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. Between the 2020-2021 school year and the 2023-2024 school year, total student population decreased by approximately 300 students, while over 11,000 new residential units were constructed. • The county uses the most current New Hanover County Schools Facilities Needs Study in its analysis and it currently shows the student population is anticipated to only grow by approximately 1,300 students over the next 10 years. However, a more recent New Hanover County School Facility Utilization Study presented to the School Board in September 2023 indicates only approximately 400 more students by the 2032-2033 school year, though numbers are anticipated to be higher during certain school years over the next ten years. Development Type Intensity Estimated Student Yield (current general student generation rate) * Existing Development 0 residential units Approximate** Total: 0 (0 elementary, 0 middle, 0 high) Typical Development Under Current Zoning 42 residential units Approximate** Total: 9 (4 elementary, 2 middle, 3 high) Proposed Zoning 171 residential units Approximate** Total: 36 (17 elementary, 7 middle, 12 high) *The current general student generation rate was calculated by dividing the New Hanover County public school student enrollment for the 2023-2024 school year by the number of dwelling units in the county. Currently, there are an average of 0.21 public school students (0.10 for elementary, 0.04 for middle, and 0.07 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. S24-01 Staff Report BOC 6.3.2024 Page 13 of 21 **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. • 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** (2023-2024 School Year) *Enrollment is based on the New Hanover County Schools student numbers for the 2023-2024 school year. **Capacity calculations were determined based on the capacities for the 2023-2024 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. • The more recent New Hanover County Schools School Facility Utilization Study has been prepared and was presented to the School Board in September 2023, and it identifies updated capacity upgrade projects. Those upgrade projects have not been finalized by the New Hanover County School Board. Context and Compatibility • The property is located between existing properties zoned and used for commercial purposes along Carolina Beach Road and the existing Tarin Woods Subdivision, a lower density single-family residential development. • The proposed attached housing type increases housing type diversity in the area and acts as an appropriate transition between the commercially zoned Carolina Beach Road corridor and the existing lower density Tarin Woods Subdivision, which itself acts as a buffer for even lower density residential development east towards Myrtle Grove Road. • The property is located south of the Myrtle Grove shopping center and Monkey Junction commercial node providing services, amenities, and educational and employment opportunities. • The new county park Hanover Pines is immediately south of the proposed project. Level Total NHC Capacity School Enrollment of Assignment School Capacity of Assigned School w/Portables Capacity of Assigned School Funded or Planned Capacity Upgrades Elementary 90% Anderson 603 569 106% None Middle 88% Murray 896 889 101% None High 100% Ashley 1910 1900 100.5% None S24-01 Staff Report BOC 6.3.2024 Page 14 of 21 • Most of the surrounding land is either single-family developments or commercial uses intended to serve the surrounding homes. 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 General Residential and Urban Mixed Use Because of the general nature of place type borders, sites located in proximity to the boundaries between place types could be appropriately developed with either place type, allowing site-specific features and evolving development patterns in the surrounding area to be considered. Place Type Description General Residential: Focuses on lower-density housing and associated civic and commercial services. Typically, housing is single-family or duplexes. Commercial uses should be limited to strategically located office and retail spaces, while recreation and school facilities are encouraged throughout. Types of uses include single-family residential, low density multi-family residential, light commercial, civic, and recreational. Urban Mixed Use: 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. S24-01 Staff Report BOC 6.3.2024 Page 15 of 21 Analysis The 2016 Comprehensive Plan classifies the majority of the property as General Residential, which encourages single family and duplex residential development at a maximum density of 8 dwelling units per acre. The Urban Mixed Use place type promotes multi-family and higher density single-family development to provide a range of housing types, opportunities, and choices. The Urban Mixed Use place type does not recommend a maximum density and identifies Monkey Junction as an appropriate area for higher density development. The requirements for an Additional Dwelling Allowance require a project to be 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 Additional conditions have been proposed regarding the orientation of attached dwellings adjacent to single family homes, stormwater, and interconnectivity. Proposed Conditions Applicant Proposed Conditions: (additional conditions may be added that will bring the proposal in line with the required conclusions) 1. Attached residential dwellings on the east side of Shiloh Drive shall be sited perpendicular to neighboring single-family residential lots. 2. Any portion of the proposed development that utilizes any portion of the existing stormwater management system for Tarin Woods Subdivision that is not accepted into the Tarin Woods property owners association must enter into a stormwater maintenance agreement with the Tarin Woods property owners association. 3. The northern terminus of the Shiloh Drive extension shall be paved to the property line of the adjacent commercially zoned property as shown on the concept plan. A public access easement shall be provided at the property line to allow interconnectivity between the parcels. S24-01 Staff Report BOC 6.3.2024 Page 16 of 21 EXAMPLE MOTIONS Staff does not provide a recommendation for Special Use Permits however staff has compiled information to assist the Board in their decision making to determine the appropriate Findings of Fact to Date. Based on the evidence presented to the Board, one of the following motions could be made: Example Motion for Approval: Motion to approve the permit 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 and additional evidence presented at the public hearing. OPTIONAL (if conditions have been identified that will bring the proposal in line with the required conclusions.) Subject to the following conditions agreed to by the applicant: _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ Example Motion for Denial: Motion to deny the permit because the Board cannot find (choose all that apply): a. That the use will not materially endanger the public health or safety if located where proposed (for the following reason(s)): ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ b. That the use meets all required condition and specifications (for the following reason(s)): ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ S24-01 Staff Report BOC 6.3.2024 Page 17 of 21 c. That the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity (for the following reason(s)): ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ d. 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 (for the following reason(s)): ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ STAFF PRELIMINARY CONCLUSIONS AND FINDINGS OF FACT: After an analysis of the proposed use and the information provided as part of the application package staff has compiled the facts provided in the application and identified through staff technical review and analysis. They are organized by the applicable conclusion. These findings are preliminary and additional relevant facts may be presented during the public hearing. Compiled facts may or may not support the Board’s conclusion. 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. Compiled Facts May or May Not Support the Board’s Conclusion. Relevant Findings of Fact Presented to Date A. CFPUA water and sewer are available through mainline extensions. Project proposes to connect to public water and sewer. B. The subject property is located in the New Hanover County Northern Fire Service District. C. Access to the site will be provided by one full access driveway and a second right-in / right- out driveway on Manassas Drive with additional interconnectivity to the private roads Sweetgum Drive, Sand Ridge Drive, and Black Ashe Run. D. The proposed use will generate an estimated 76 AM and 94 PM peak hour trips. The proposed project was included in a Traffic Impact Analysis (TIA) completed in 2018 for the overall Tarin Woods Subdivision development. NCDOT has confirmed all required improvements of the TIA have been installed. E. The AADT Planning Capacity for Carolina Beach Road is 41,370 trips and the AADT Latest Traffic Volume is 48,000 trips indicating the highway is currently above capacity. F. The new county park Hanover Pines is immediately south of the proposed project. S24-01 Staff Report BOC 6.3.2024 Page 18 of 21 G. The conservation resource map indicates pocosin wetlands on the property; however, they are not underlaid with Class IV soils, which triggers additional development standards. Conclusion 2: The Board must find that the use meets all required conditions and specifications of the Unified Development Ordinance. Compiled Facts May or May Not Support the Board’s Conclusion. Relevant Findings of Fact Presented to Date A. An additional dwelling allowance is allowed by Special Use Permit in the R-15, Residential zoning district. B. Section 3.1.3.E.1.b states the base site acreage shall be determined by subtracting the acreage of water bodies and other areas below the mean high-water line, if tidally influenced, or below mean water line, if non-tidally influenced, land used as open space in prior residential development, and land used for commercial, office and institutional, and light industrial purposes in a PD district. The site does not contain water bodies, open space from prior residential development, and is not in a PD district. C. Section 3.1.3.E.1.c states the maximum number of dwelling units that may be built shall be determined by multiplying the base site area by the appropriate density factor of 10.2 dwelling units per acre as provided in Table 3.1.3.E.1.c. The base site acreage is 16.78. The maximum number of dwelling units allowed is 171. The applicant is requesting 171 dwelling units. D. Section 3.1.3.E.1.d states residential units shall not be clustered at a density greater than 2.5 units per base acre in the AE or VE special flood hazard areas or CAMA Estuarine Areas of Environmental Concern. The subject site is not located in the AE or VE special flood hazard areas or CAMA Estuarine Areas of Environmental Concern. E. Section 3.1.3.E.2.a states developments allowed an additional dwelling allowance shall be located on a parcel of land that is 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. Approximately 0.78 acres of the project area is within the Urban Mixed Use place type. All parcels in the project area are within 250 feet of the Urban Mixed Use place type. F. Section 3.1.3.E.2.b states 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. This direct access requirement will be satisfied if one or more property boundary lines is contiguous with and utilizes access to and from an existing major or minor arterial, or the development accesses an existing major or minor arterial roadway by a NCDOT-maintained public street, or by a private street designed and constructed in accordance with the County’s minimum standards for a collector road. The development accesses an existing major or minor arterial roadway by Manassas Drive, an NCDOT- maintained local road. G. Section 3.1.3.E.2.c states all interior drives shall be designed so as to provide adequate access for emergency service vehicles. Interior drives shall be reviewed and approved by New Hanover County Fire as part of the Technical Review Committee (TRC) review process. S24-01 Staff Report BOC 6.3.2024 Page 19 of 21 H. Table 3.1.3.E.3.a.1 requires a minimum of 35% open space for additional dwelling allowance developments in the R-15 district. 35% of 16.78 acres is 5.87 acres of required open space. The proposed development provides 5.92 acres (35.2%) of open space. I. Table 3.1.3.E.4 requires public or community sewer, public or community water, underground storm drainage, and a maximum impervious surface ratio for gross site area of .40. The maximum allowed impervious surface area for 16.78 acres is 292,374.7 square feet. The concept plan shows a maximum impervious surface of 292,374.7 square feet and an additional 70,206.3 square feet of pervious concrete. J. Section 3.1.3.E.5.a states the required minimum setback for developments with an additional dwelling allowance shall not be less than 25 feet. The concept plan shows a 25-foot-wide perimeter building setback around the proposed development. K. Section 3.1.3.E.5.b states when additional dwelling allowance developments are located and adjacent to any existing detached residential development (not including Mobile Home Parks, other developments with an Additional Dwelling Allowance or High-Density Development special use permit, or General Planned Development districts), structures over 25 feet in height shall be setback a distance equal to the height of the structure. L. Section 3.1.3.E.5.c states multi-family dwelling units shall be spaced a minimum of 20 feet from any part of another dwelling unit. All other dwelling units shall be spaced a minimum of 10 feet from each other. Multi-family dwelling units are a minimum of 20 feet apart from another dwelling unit. Attached row houses are a minimum of 10 feet apart from other dwellings. M. Section 3.1.3.E.6.a states buffer strips shall be required in accordance with Section 5.4 Landscaping and Buffering. If approved, buffer landscaping shall be reviewed during TRC review. N. Section 3.1.3.E.6.b states parking shall be provided in accordance with Section 5.1 Parking and Loading. If approved, parking shall be reviewed as during TRC review. O. Section 3.1.3.E.6.c states signs shall be in accordance with Section 5.6 Signs. Signs shall be reviewed through the sign permitting and review process with the Planning & Land Use Department. P. Section 3.1.3.E.6.d states sewage disposal facilities shall be in accordance with the requirements for utility lines and facilities outlined in Section 4.3.3.I Utilities. CFPUA shall review and permit the proposed sewer through the CFPUA permitting process. Q. Section 3.1.3.E.7.a states when a plat or map is to be recorded, the maps or plat shall contain a Certificate indicating the book and page number of the homeowners association covenants, conditions and restrictions. New restrictive covenants or updates to existing restrictive covenants shall be recorded with the Register of Deeds and a certificate shall be included on the plat prior to recordation. The restrictive covenants shall be reviewed and approved by the Planning & Land Use Department and Legal Department prior to recordation. R. Section 3.1.3.E.7.b states responsibilities for maintenance of private streets, open space, recreation facilities, and other common areas shall be specified. Responsibilities for maintenance of private streets, open space, recreation facilities and other common areas shall be included in the restrictive covenants. The restrictive covenants shall be reviewed and approved by the Planning & Land Use Department and Legal Department prior to recordation. S. Section 3.1.3.E.7.c states responsibilities for exterior maintenance of attached dwelling units shall be specified. The developer has the option of including responsibilities for exterior S24-01 Staff Report BOC 6.3.2024 Page 20 of 21 maintenance. No responsibilities are proposed. The restrictive covenants shall be reviewed and approved by the Planning & Land Use Department and Legal Department prior to recordation. T. Section 3.1.3.E.7.d states the homeowners association shall be authorized to rebuild damaged or destroyed portions of structures containing attached dwelling units when the individual owner fails to do so. The restrictive covenants shall be reviewed and approved by the Planning & Land Use Department and Legal Department prior to recordation. U. Section 3.1.3.E.8.a states when a development proposal is submitted for an additional dwelling allowance development it shall be reviewed in accordance with the same standards as established in the UDO for subdivisions even if the project does not involve the subdivision of land. The Technical Review Committee (TRC) shall review such plans in addition to board approval of the special use permit. If approved, the project shall be reviewed by the TRC prior to the first Certificate of Occupancy for any structure associated with the project. V. Section 3.1.3.E.8.b states a site plan conforming to the requirements of Section 10.3.6 Site Plan shall be submitted and shall include the approximate delineation of Corps of Engineers Section 404 and Section 10 wetlands. No wetlands are designated on the proposed plan. W. Section 3.1.3.E.8.c states a drainage plan pursuant to Article 6 Subdivision Design and Improvements, and the County’s Stormwater Management Ordinance shall be submitted. Existing and proposed stormwater management shall be reviewed by the New Hanover County Engineering Department. X. Section 3.1.3.E.8.d states revisions for development plans with an additional dwelling allowance shall be reviewed the same as an original submittal in accordance with the site plan requirements. Such revisions shall be limited to those areas still owned by the developer. Density calculations shall not include land areas already platted and / or sold. If approved, future revisions shall be reviewed by the Board of Commissioners through the Special Use Permit process. Y. Section 5.1.4.A.3 states the use of pervious or semi-pervious parking lot surfacing materials, including, but not limited to pervious asphalt and concrete, open joint pavers, and reinforced grass / grave/ shell grids may be approved for off-street parking and loading areas, provided such surfacing is subject to an on-going maintenance program (e.g., sweeping, annual vacuuming). Any pervious or semi-pervious surfacing used for aisles within or driveways to parking and loading areas shall be certified as capable of accommodating anticipated traffic loading stresses and maintenance impacts. The concept plan includes 70,194 square feet of pervious surface. Provisions for the on-going maintenance of the pervious surface shall be included in the restrictive covenants. The restrictive covenants shall be reviewed and approved by the Planning & Land Use Department and Legal Department prior to recordation. 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. Compiled Facts May or May Not Support the Board’s Conclusion. Relevant Findings of Fact Presented to Date A. The proposed Additional Dwelling Allowance is on vacant property located between existing properties zoned and used for commercial purposes along Carolina Beach Road S24-01 Staff Report BOC 6.3.2024 Page 21 of 21 and the existing Tarin Woods Subdivision, a lower density single-family residential development. B. Land uses in the immediate vicinity of the subject site are single family residential, duplexes, and mixed commercial along Carolina Beach Road. C. The proposed Additional Dwelling Allowance provides interconnectivity between Shiloh Drive and the private roads Sweetgum Drive, Sand Ridge Avenue, and Black Ashe Run with an additional condition guaranteeing the potential for future interconnectivity to an adjoining commercially zoned parcel. D. 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. Compiled Facts May or May Not Support the Board’s Conclusion. Relevant Findings of Fact Presented to Date A. The subject site is currently undeveloped. B. No known cultural or archaeological resources are identified on site. C. The site is bounded by residentially zoned property to the north, south, and east. The site is bounded by a mix of commercially and residentially zoned property to the west. D. Land uses in the immediate vicinity of the subject site are residential. E. The 2016 Comprehensive Plan classifies approximately 16 acres of the project area as General Residential, which encourages single family and duplex residential development at a maximum density of 8 dwelling units per acre. At 8 dwelling units per acre on a 16.78- acre project area, the Comprehensive Plan recommends a maximum of 134 dwelling units. The proposed request is for 171 dwelling units. F. The 2016 Comprehensive Plan classifies approximately 0.78 acres of the project area as Urban Mixed Use which promotes multi-family and higher density single-family development to provide a range of housing types, opportunities, and choices. The Urban Mixed Use place type does not recommend a maximum density and identifies Monkey Junction as an appropriate area for higher density development. Because of the general nature of place type borders, sites located in proximity to the boundaries between place types could be appropriately developed with either place type, allowing site-specific features and evolving development patterns in the surrounding area to be considered. G. Additional conditions have been proposed regarding the orientation of attached dwellings adjacent to single family homes, stormwater, and interconnectivity.