ApplicationNEW HANOVER COUNTY
DEPARTMENT OF PLANNING & LAND USE
230 Government Center Drive, Suite 110
Wilmington, North Carolina 28403
Telephone (910) 798-7165
FAX (910) 798-7053
planningdevelopment.nhcgov.com
UDO TEXT AMENDMENT APPLICATION
This application form must be completed as part of a text amendment application submitted through the county's online
COAST portal. The main procedural steps in the submittal and review of applications are outlined in the flowchart
below. More specific submittal and review requirements, as well as the standards to be applied in reviewing the
application, are set out in Section 10.3.1 of the Unified Development Ordinance.
(Optional) 1
Pre -Application Application
Conference Submittal &
Acceptance
1. Applicant Information
Name
Samuel B. Franck
Company
Ward and Smith, P.A.
Address
127 Racine Drive
City, State, Zip
Wilmington, NC 28403
Phone
Email
(910)-794-4835
sbf@wardandsmith.com
Public Hearing Procedures
Page 1 of 3
Text Amendment Application — Updated 1 2-2020
2. Proposed Amendment
Current Unified Development Ordinance (UDO) Article:
Article 4: Uses and Use -Specific Standards - See Attachment A
Current UDO Section(s) and Subsection(s):
Section 4.2 Allocation of Principal Uses, Table 4.2.1: Principal Use Table - See Attachment A
Proposed amendment to the above sections)/subsection(s) (attach additional pages if necessary):
See Attachment A
Reason for request, citing consistency with 2016 Comprehensive Plan and any other relevant plans,
development trends, problems posed by existing language, etc. (attach additional pages if necessary):
See Attachment B
Page 2 of 3
Text Amendment Application — Updated 12-2020
Staff will use the following checklist to determine the completeness of your application. Please verify all of the
listed items are included and confirm by initialing under "Applicant Initial'. Applications determined to be
incomplete must be corrected in order to be processed for further review.
Application Checklist Applicant Initial
• This application form, completed and signed SBF
d Application fee: $400 SBF
d One copy of ALL documents. Additional hard copies may be required by staff
depending on the size of the document. SBF
3. Acknowledgement and Signatures
By my signature below, I understand and accept all of the conditions, limitations and obligations of the text amendment
for wh' m ap I certify that this application is complete and that all information presented in this application
is acc ate t e best of my knowledge, in . ), c,nd belief.
Samuel B. Franck
Signature of Applic nt(s) Print Names)
If an applicant requests delay of consideration from the Planning Board or Board of County Commissioners before notice has
been sent to the newspaper, the item will be calendared for the next meeting and no fee will be required. If delay is requested
after notice has been sent to the newspaper, the Board will act on the request at the scheduled meeting and are under no
obligation to grant the continuance. If the continuance is granted, a fee in accordance with the adopted fee schedule as
published on the New Hanover County Planning website will be required.
Page 3 of 3
Text Amendment Application — Updated 1 2-2020
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Attachment B
Reason for request, citing consistency with the 2016 Comprehensive Plan and any other
relevant plans, development trends, problems posed by existing language, etc.
The requirement for a Special Use Permit (SUP) for independent senior living retirement
communities appears to be a remnant of legislative process that should not be applicable to the
current code. Under the current code, age -restricted residential use that is otherwise permitted by
right would require an SUP, even though the incorporation of age -restriction results in a lower
intensity of use and reduced reliance on public infrastructure.
Under the current Unified Development Ordinance (UDO), all senior living uses, including
senior living continuing care retirement communities, senior living assisted living facilities, and
senior living independent living retirement communities, require a Special Use Permit (SUP).
Section 2.3 of the UDO defines Senior Living: Independent Living Retirement Community as
follows: "A housing development that may contain a variety of housing tees designed for and
restricted to occupancy by households having at least one member who is 55 years of Me or
older, living inde endentl . Facilities and services typically include features such as security,
lawn and building maintenance, wellness, fitness, or spa services and facilities, central meeting
areas, programmed recreation or social facilities and activities, communal garden spots, AARP
Universal design, or other similar characteristics. Minimal supportive services may also be
offered to residents in senior apartment facilities" (emphasis added).
However, removing the SUP requirement for the Senior Living: Independent Living Retirement
Community land use is consistent with the 2016 Comprehensive Plan and development trends
for several reasons. Firstly, the 2016 Comprehensive Plan acknowledges the significant increase
in the senior population as the baby boomers have reached retirement age. Additionally, as noted
in the 2016 Comprehensive Plan, New Hanover County's temperate climate is appealing to
retirees. Accordingly, removing the requirement for an SUP for independent living retirement
communities will allow for the development of this type of residential housing model without
unnecessary legislative review. This proposed text amendment does not remove the SUP
requirement for the Senior Living: Assisted Living Facility and Senior Living: Continuing Care
Retirement Community land uses.
Second, independent senior living communities are typically a less intense land use compared to
non -age -restricted residential developments. These communities cater to a specific demographic
of individuals aged 55 and older who are capable of living independently and often provide
amenities and services tailored to their needs. As this is a less intense land use, there is no need
for legislative review through the SUP process.
Moreover, the policy of allowing age -restricted, independent senior living without County
approval aligns with broader goals of promoting living spaces for the growing retiree
community. By removing barriers such as the need for a SUP, the County can facilitate the
development of senior living options that meet the growing demand for housing among older
adults while promoting aging in place and maintaining community cohesion.
Lastly, unlike the Senior Living uses of Assisted Living Facility and Continuing Care Retirement
Community, the current UDO does not require use specific standards for the Senior Living:
Independent Living Retirement Community land use that are set forth in Section 4.3.2 of the
UDO.
In conclusion, removing the requirement for a Special Use Permit for independent senior living
communities in the RA zoning district is not only consistent with the evolving needs of the
population but also reflects a pragmatic approach to zoning regulations that support responsible
development without overburdening the development of communities for independent senior
living.
ND:4895-6327-1866, v