Z24-02 PB Script
PLANNING BOARD SCRIPT
for Zoning Map Amendment Application (Z24-02)
Request by Cindee Wolf with Design Solutions, applicant, to rezone approximately 2.81 acres zoned
R-20, Residential located at 1540 Rockhill Road to (CZD) R-10, Residential for a maximum 9 dwelling
units.
1. This is a public hearing. We will hear a presentation from staff. Then the applicant and any
opponents will each be allowed 15 minutes for their presentation and an additional 5 minutes
for rebuttal.
2. Conduct Hearing, as follows:
a. Staff presentation
b. Applicant’s and supporters’ presentation (up to 15 minutes)
c. Opponent’s presentation (up to 15 minutes)
d. Applicant’s and supporters’ rebuttal (up to 5 minutes)
e. Opponent’s rebuttal (up to 5 minutes)
f. Staff review of any additional conditions
3. Close the public hearing
4. Board discussion
5. Before we proceed with a motion and vote, I would like to invite the applicant to the podium.
Based on the Board discussion and items presented during the public hearing, would you like
withdraw your petition, request a continuance, or proceed with a vote?
6. Vote on the application. The motion should include a statement saying how the change is, or
is not, consistent with the land use plan and why approval or denial of the rezoning request is
reasonable and in the public interest.
Example Motion for Approval
I move to recommend APPROVAL of the proposed rezoning. I find it to be CONSISTENT with
the purposes and intent of the Comprehensive Plan because the proposed density and housing
type is within the recommendations of the General Residential place type. I also find
recommending APPROVAL of the rezoning request is reasonable and in the public interest
because the project provides additional housing diversity to the area.
Staff proposed conditions:
1. The permitted density range is 0 dwelling units per acre to a maximum of 3.2 dwelling
units per acre. Planning staff is authorized to administratively approve reductions in
density within the permitted range.
2. The housing type in the development shall be limited to detached single-family dwellings
as defined in Section 2.3 of the Unified Development Ordinance.
3. Accessory dwelling units shall be prohibited.
4. Open space above the minimum required by the Unified Development Ordinance shall
be permanently retained as open space.
5. Units under common ownership used as rentals shall include a minimum of 100% of the
units as workforce housing units within the range of 80% to 120% AMI. An agreement
between the developer and county will be required. The agreement shall be established
before the issuance of any Certificate of Occupancy for the project and specify:
• Affordability will be made available for a period of no less than 15 years with
rental limits based upon the range of 80% to 120% AMI.
• The number of affordable units provided;
• The income limits;
• Rent limits subject to annual change;
• The period of time workforce housing units must remain affordable;
• Any other criteria necessary for compliance and monitoring;
• An established timeframe for annual reporting from the developer or owner of
the development to New Hanover County. Annual reports shall provide the
following minimum information.
o Unit number
o Bedroom number
o Household size
o Tenant income
o Rent rate
• The developer or owner of the development shall report any mid-year lease
changes to workforce housing units to New Hanover County to ensure lease
changes remain compliant with the agreement.
• If the total number of workforce housing units falls below the minimum of 100%
before the expiration of the minimum 15-year period of affordability the
development shall be subject to enforcement measures found in Article 12
Violations and Enforcement of the Unified Development Ordinance.
Approval is subject to the applicant signing an agreement acknowledging the applicant’s consent
to all listed conditions. If the applicant does not provide a signed agreement within seven (7)
business days from the date of approval, then the rezoning appli cation approval is null and void.
Alternative Motion for DENIAL (if based on information presented at the public hearing or other
consideration beyond the scope of staff review, the board finds denial appropriate.)
I move to recommend DENIAL of the proposed rezoning. While I find it to be CONSISTENT
with the purposes and intent of the Comprehensive Plan because the proposed density and
housing type are in line with the recommendations of the General Residential place type. I find
recommending DENIAL of the rezoning request is reasonable and in the public interest because
Ervin’s Place Drive is not state maintained.
Commented [RR1]: Has this been run by Robert & Karen? I
want to make sure it can’t be interpreted differently from what we
intend.
Commented [RR2]: I spoke with Robert about a revision to this
condition to specify 80% AMI instead of HUD High Home rent
(which generally translates to 60% AMI, which would mean the
project doesn’t really qualify as “workforce”) or funded through the
low housing tax credit program (which has similar requirements but
means we wouldn’t have to monitor for compliance).
Commented [RR3R2]: The comment above was specifically
related to Love’s Covenant II project—LIHTC is not a possibility for
this type of SF detached, and these conditions are specific for rental
products. Are these guaranteed rentals? What are going to
methods to keep them affordable if they are for-sale? We may
want to talk through at today’s Legal meeting.
Alternative Motion for Approval/Denial:
I move to RECOMMEND [Approval/Denial] of the proposed rezoning to a (CZD) R-10 district.
I find it to be [Consistent/Inconsistent] with the purposes and intent of the Comprehensive Plan
because [insert reasons]
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I also find RECOMMENDING [Approval/Denial] of the rezoning request is reasonable and in
the public interest because [insert reasons]
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