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S24-02 BOC Staff ReportS24-02 Staff Report BOC 8.5.2024 Page 1 of 18 STAFF REPORT FOR S24-02 SPECIAL USE PERMIT APPLICATION APPLICATION SUMMARY Case Number: S24-02 Request: Single-Family Dwelling Applicant: Property Owner(s): Nathan Christy, Future Homes Terrilyn & Celecia Phillips Location: Acreage: 1029 S. Seabreeze Road 0.19 PID(s): Comp Plan Place Type: R08518-004-007-000 Community Mixed Use Existing Land Use: Proposed Land Use: Platted and Undeveloped Land Single-Family Detached Current Zoning: B-2, Business SURROUNDING AREA LAND USE ZONING North Boat Storage and undeveloped commercial lots B-2 East One legal non-conforming single-family dwelling and undeveloped commercial lots B-2 South One vacant commercial building, Boat Storage, and Single-Family Residential B-2 and R-15 West Boat Storage and undeveloped commercial lots B-2 S24-02 Staff Report BOC 8.5.2024 Page 2 of 18 ZONING HISTORY April 7, 1971 Initially zoned B-2 (Area 4) COMMUNITY SERVICES Water/Sewer Public water and sewer are not available through CFPUA. The concept plan proposes to connect to water and sewer through the private utility provider AQUA. Fire Protection New Hanover County Fire Services, New Hanover County Southern Fire District, New Hanover County Federal Point Station Schools Anderson Elementary, Murray Middle, and Ashley High Schools Recreation Veterans Park, Carolina Beach State Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation No known conservation resources on-site. Historic While undeveloped, the parcel is located within the historic Seabreeze neighborhood. Established in the mid-1920’s, the area was a prime vacation resort for African Americans within southeastern North Carolina from the 1930’s through the 1950’s before a decline stemming from Hurricane Hazel in 1954, financial trouble, and the end of segregation in the 1960’s. Archaeological No known archaeological resources S24-02 Staff Report BOC 8.5.2024 Page 3 of 18 APPLICANT’S PROPOSED PLAN Site Plan for Single-Family Dwelling with Staff Markup • The applicant is requesting a special use permit for a Single-Family Dwelling on 0.19 acres. • The applicant has stated a large live oak located at the rear of the property will remain, as will the existing buffer along the west side of the property. • Full vehicular access is provided onto South Seabreeze Road with a proposed pervious driveway. The proposed driveway must be reviewed by New Hanover County Engineering to ensure driveway meets pervious drainage standards for Engineering. N S24-02 Staff Report BOC 8.5.2024 Page 4 of 18 ZONING CONSIDERATIONS • The B-2 district in this area was established in 1971. At the time, the purpose of the B-2 district was to encourage business development in the historic Seabreeze area. • Given the need for private wells and septic systems or the extension of private utilities, the area has not experienced the anticipated commercial growth intended by the initial B-2 zoning in the area. AQUA private water and sewer services are available in some of the Seabreeze area. • Residential uses are permitted in the B-1 and B-2 zoning districts with approval of a Special Use Permit. • Prior to the 2020 UDO project which combined and streamlined the county’s development regulations, the zoning ordinance specifically stated a residential use within a commercial district may be permitted with a special use permit if it was part of a mixed use development. • Section 4.3.2.A.4 under the supplemental standards for detached single-family dwellings of the current UDO states single-family dwellings in the B-2 district shall comply with the standards for multi-family dwellings in Section 4.3.2.A.2. • Section 4.3.2.A.2.b under the supplemental standards for multi-family dwellings establishes the following ordinance standards for residential development in the B-2 district: 1. Dwelling units must be part of mixed use development established to provide innovative opportunities for an integration of diverse but compatible uses into a single development that is unified by distinguishable design features with amenities and walkways to increase pedestrian activity. 2. The development shall be single ownership or unified control of a property owners association. 3. Uses within the development are restricted to residential uses and uses allowed in the B-1 district. 4. Sidewalks must be provided throughout the project. 5. Parking location and quantity shall be shared. 6. Community facilities and / or common area shall be provided. 7. Mixed-Use Residential buildings are permitted and encouraged. 8. Conceptual elevations indicating proposed architectural style and conceptual lighting plans shall be submitted with the application. • Commercial properties adjacent to mixed use projects are not required to me the transitional buffer and additional setback requirements of the UDO. • The UDO requires single-family homes in the B-2 district to be part of a mixed-use project. Commercial development adjacent to a mixed-use project is not required to provide transitional buffers required by Table 5.4.3.B.1 or additional setbacks required by Table 3.1.3.C.1. S24-02 Staff Report BOC 8.5.2024 Page 5 of 18 • A single-family dwelling unit not part of a mixed use development would trigger the requirement for buffers associated with new commercial development on the adjacent parcels. • If approved, the project would be subject to 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. AREA DEVELOPMENT S24-02 Staff Report BOC 8.5.2024 Page 6 of 18 TRANSPORTATION CURRENT CONDITIONS Intensity of Current Zoning Typical development under current zoning would allow an approximate maximum 2000 sq ft commercial establishment. PROPOSED ACCESS Primary Access S Seabreeze Rd S24-02 Staff Report BOC 8.5.2024 Page 7 of 18 EXISTING ROADWAY CHARACTERISTICS Affected Roadway S Seabreeze Rd Type of Roadway Local Road Roadway Planning Capacity (AADT) 4,000* Latest Traffic Volume (AADT) 400 Latest WMPO Point-in-Time County (DT) N/A Current Level of Congestion Available Capacity NEARBY NCDOT STIP ROADWAY PROJECTS No Nearby STIP Projects TRAFFIC GENERATION Traffic Generated by Present Designation Traffic Generated by Proposed Designation Potential Impact of Proposed Designation AM Peak Hour Trips 5 2 -3 PM Peak Hour Trips 4 2 -2 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 local road that currently has capacity. Seabreeze Road is currently accessed off of Carolina Beach Road, a principal arterial highway which is heavily traveled but with available capacity. Though there are no STIP projects in this area, this development would result in an overall trip reduction from what could be developed with the existing zoning. This project would have very little traffic impact on the surrounding area. *Seabreeze Road does not have a listed planning capacity. The WMPO and NCDOT use a base 4,000 vehicles per day for those road types because it is the minimum threshold necessary for NCDOT to discuss roadway capacity improvements. S24-02 Staff Report BOC 8.5.2024 Page 8 of 18 ENVIRONMENTAL • The majority of the property is within AE Special Flood Hazard Area. Approximately 360 square feet in of the parcel along S. Seabreeze Road is within the VE Coastal High Hazard Area. • The concept plan shows the proposed house in the AE zone. The project does not propose any development in the VE zone. Development within the Special Flood Hazard Area is required to meet the additional development requirements listed in Article 9 Flood Damage Prevention of the UDO. • The property is not within a Natural Heritage Area. • The property is within watershed 14 that drains to the Intracoastal Waterway. • Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class I (Suitable) soils. The applicant proposes to connect to private water and sewer through AQUA. Elm Street S24-02 Staff Report BOC 8.5.2024 Page 9 of 18 OTHER CONSIDERATIONS Schools • Students living in the proposed single-family dwelling 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 0 dwelling units would be permitted under the current B-2 zoning base density, and 1 unit could potentially be developed under the proposed project. • Based on a generalized historic generation rate*, staff would estimate that the increase in one home would result in approximately 0 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. This updated study has not been fully reviewed by Planning staff or presented to the Board of Commissioners. That is expected to occur in early 2024. Development Type Intensity Estimated Student Yield (current general student generation rate) * Existing Development Undeveloped Approximate** Total: 0 (0 elementary, 0 middle, 0 high) Typical Development Under Current Zoning 0 residential units Approximate** Total: 0 (0 elementary, 0 middle, 0 high) Proposed Single Family Dwelling 1 residential unit Approximate** Total: 0 (0 elementary, 0 middle, 0 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. **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 S24-02 Staff Report BOC 8.5.2024 Page 10 of 18 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 Comprehensive Plan and the UDO both use the term “mixed use” in different contexts. • The Comprehensive Plan is a guiding policy document for future growth and development. The place types in the Comprehensive Plan are intended to indicate preferred development patterns for a given area and are not parcel specific. • The UDO’s requirements are parcel specific because they establish the specific standards for how a parcel is developed, including allowed uses, buffers, landscaping, and sidewalks. • While the parcel is within the Community Mixed Use place type, the proposed development is for one single-family home on a commercially zoned parcel which requires a mixed-use development established to provide innovative opportunities for an integration of diverse but compatible uses into a single development that is unified by distinguishable design features with amenities and walkways to increase pedestrian activity. Level Total NHC Capacity School Enrollment of Assigned 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 S24-02 Staff Report BOC 8.5.2024 Page 11 of 18 • The site is located within the Seabreeze community, which served as a beach resort community for African Americans from the 1930’s to the 1950’s. While the site is undeveloped, a few structures from the Seabreeze community remain in the surrounding area. • In 1989 the community was the focus of the Seabreeze Small Area Plan. The recommendations for the area included revitalization of the businesses and redevelopment of the waterfront. However, this revitalization has not been accomplished since the adoption of the plan, and some of the historic structures have been converted into luxury homes. • While the historically commercial area of Seabreeze has not experienced the commercial growth anticipated, there have been recent commercial rezoning requests along the Carolina Beach Road corridor at the entrance to Seabreeze indicating a shift in development patterns. • The existing land uses within the area include a mix of small and large single-family dwellings and boat storage. Proposed Conditions Applicant Proposed Conditions: (additional conditions may be added that will bring the proposal in line with the required conclusions) 1. Applicant will maintain existing vegetative buffer next to existing occupied side property. 2. A large live oak found at the back of the lot is not located near the proposed structure site and will not be disturbed. 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 Community Mixed Use S24-02 Staff Report BOC 8.5.2024 Page 12 of 18 Place Type Description Focuses on small-scale, compact, mixed use development patterns that serve all modes of travel and act as an attractor for county residents and visitors. Types of appropriate uses include office, retail, mixed use, recreational, commercial, institutional, and multi-family and single-family residential. Analysis The 2016 Comprehensive Plan classifies the parcel as Community Mixed Use, which encourages mixed use development patterns to include office, retail, mixed use, multi-family, and single-family development. The Comprehensive Plan is a guiding policy document for future growth and development. The place types in the Comprehensive Plan are intended to indicate preferred development patterns for a given area and are not parcel specific. The UDO’s requirements are parcel specific because they establish the specific standards for how a parcel is developed, including allowed uses, buffers, landscaping, and sidewalks. 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: _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ S24-02 Staff Report BOC 8.5.2024 Page 13 of 18 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)): ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ 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)): ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ S24-02 Staff Report BOC 8.5.2024 Page 14 of 18 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. Public water and sewer are not available through CFPUA. The concept plan proposes to connect to water and sewer through the private utility provider AQUA. B. The subject property is located in the New Hanover County Southern Fire Service District. C. Access to the site will be provided by one full access driveway on South Seabreeze Road. D. The proposed use will generate an estimated 2 AM and 2 PM peak hour trips. E. Seabreeze Road does not have a listed planning capacity, indicating the road is below capacity. The WMPO and NCDOT use a base of 4,000 vehicles per day for those road types because it is the minimum threshold necessary for NCDOT to discuss roadway capacity improvements. F. The subject property is within the AE Special Flood Hazard Area and a portion of the property is within the VE Coastal High Hazard Area. Development must comply with Article 9 Flood Damage Prevention. G. Veterans Park and Carolina Beach State Park are within proximity of the proposed development. H. No conservation resources exist on the property. 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. Single-Family Dwellings are allowed by Special Use Permit in the B-2, Regional Business zoning district. Table 4.2.1: Principal Use Table references Section 4.3.2.A.4 which states S24-02 Staff Report BOC 8.5.2024 Page 15 of 18 single-family dwellings in the B-1 and B-2 districts shall comply with the standards for multi- family dwellings in those districts. B. Section 4.3.2.A.2.b.1 states dwelling units must be part of mixed-use development established to provide innovative opportunities for an integration of diverse but compatible uses into a single development that is unified by distinguishable design features with amenities and walkways to increase pedestrian activity. The proposed development is solely for residential use. There are no other uses or pedestrian amenities or walkways outlined in the proposal. C. Section 4.3.2.A.2.b.2 states the development shall be single ownership or unified control of a property owners association. The site is under single ownership. D. Section 4.3.2.A.2.b.3 states uses within the development are restricted to residential uses and uses allowed in the B-1 district. The proposal is for residential use. E. Section 4.3.2.A.2.b.4 states sidewalks must be provided throughout the project. Sidewalks are not proposed within the project. F. Section 4.3.2.A.2.b.5 states parking location and quantity shall be shared. The concept plan shows a parking area for the single-family home. G. Section 4.3.2.A.2.b.6 states community facilities and/or common area shall be provided. No community facilities or common areas are provided. H. Table 4.3.2.A.2.b.7 states mixed-use residential buildings are permitted and encouraged. The proposed development does not contain any mixed-use residential buildings. I. Table 4.3.2.A.2.b.8 states conceptual elevations indicating proposed architectural style and conceptual lighting plans shall be submitted with the application. The application includes an elevation of the proposed house. No exterior lighting is proposed as part of the application. J. Section 9.8.1.A requires all new construction and substantial improvements be designed (or modified) and adequately anchored to prevent flotation, collapse, and lateral movement of the structure. A Floodplain Development Permit must be approved before construction. K. Section 9.8.1.B requires all new construction and substantial improvements be constructed with materials and utility equipment resistant to flood damage in accordance with the most current version of FEMA Technical Bulletin 2, Flood Damage-Resistant Materials Requirements. Construction materials and utilities must be approved by staff through the Floodplain Development Permit review process. L. Section 9.8.1.C requires all new construction and substantial improvements be constructed by methods and practices that minimize flood damages. Construction must be approved by staff through the Floodplain Development Permit review process. M. Section 9.8.1.D requires all new electrical, heating, ventilation, plumbing, air conditioning equipment, and other service equipment be located at or above the Regulatory Flood Protection Elevation (RFPE) or designed and installed to prevent water from entering or accumulating within the components during the occurrence of the base flood. These include, but are not limited to, HVAC equipment, water softener units, bath / kitchen fixtures, ductwork, electric / gas meter panels / boxes, utility / cable boxes, water heaters, and electric outlets / switches. The concept plan includes a proposed HVAC pedestal. The pedestal and other equipment locations must be approved by staff through the Floodplain Development Permit review process. S24-02 Staff Report BOC 8.5.2024 Page 16 of 18 N. Section 9.8.1.E requires replacements that are part of a substantial improvement, electrical, heating, ventilation, plumbing, air conditioning equipment, and other service equipment also meet the provisions of Section 9.8.1.D. Construction must be approved by staff through the Floodplain Development Permit review process. O. Section 9.8.1.F requires replacements that are for maintenance and not part of a substantial improvement, may be installed at the original location, provided the additional and / or improvements only comply with the standards for new construction consistent with the code and requirements for the original structure. No structural or mechanical replacements are anticipated as there are no existing structures. P. Section 9.8.1.G requires all new and replacement water supply systems be designed to minimize or eliminate infiltration of floodwaters into the system. The project proposes to connect to a private water utility. Q. Section 9.8.1.H requires new and replacement sanitary sewage systems be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into flood waters. The project proposes to connect to a private sewer utility. R. Section 9.8.1.I requires on-site waste disposal systems be located and constructed to avoid impairment to them, or contamination from them, during flooding. The project proposes to connect to a private sewer utility. S. Section 9.8.1.J states nothing in Article 9 Flood Damage Prevention of the Unified Development Ordinance shall prevent the repair, reconstruction, or replacement of a building or structure existing on the effective date of Article 9 and located totally or partially within the floodway, non-encroachment area, or stream setback, provided there is no additional encroachment below the Regulatory Flood Protection Elevation in the floodway, non-encroachment area, or stream setback, and provided that such repair, reconstruction, or replacement meets all of the other requirements of Article 9. T. Section 9.8.1.K prohibits permitting new solid waste disposal facilities and sites, hazardous waste management facilities, salvage yards, and chemical storage facilities except by variance in accordance with subsections 6 of Section 9.7.5.I, Conditions for Variances. A structure or tank for chemical or fuel storage incidental to an allowed use, or to the operation of a water treatment plant or wastewater treatment facility, may be located in a Special Flood Hazard Area only if the structure or tank is either elevated or floodproofed to at least the Regulatory Flood Protection Elevation (RFPE), and certified in accordance with the provisions of Section 9.7.2.C, Certification Requirements No such facilities are proposed. U. Section 9.8.1.L requires all subdivision proposals and other development proposals be consistent with the need to minimize flood damage. The proposal does not include any subdivision of land. Construction must be approved by staff through the Floodplain Development Permit review process. V. Section 9.8.1.M requires all subdivision proposals and other development proposals have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage. The project proposes to connect to private water and sewer utilities through AQUA. W. Section 9.8.1.N requires all subdivision proposals and other development proposals to have adequate drainage provided to reduce exposure to flood hazards. A Floodplain Development permit is required before any construction may begin on site. County Engineering has indicated that no drainage permits are anticipated, but that would be determined during the building permit review process. S24-02 Staff Report BOC 8.5.2024 Page 17 of 18 X. Section 9.8.1.O requires all subdivision proposal and other development proposals have received all necessary permits from those governmental agencies for which approval is required by federal or state law, including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 333 U.S.C. 1334. All necessary permits are required prior to final approval before any construction may begin on site. Y. Section 9.8.1.P requires that when a structure is partially located in a Special Flood Hazard Area, the entire structure shall meet the requirements for new construction and substantial improvements. The proposed structure is entirely within the AE flood hazard zone and must comply with flood hazard prevention requirements. Z. Section 9.8.1.Q requires that when a structure is located in multiple flood hazard zones or in a flood hazard risk zone with multiple base flood elevations, the provisions for the more restrictive flood hazard risk zone and highest Base Flood Elevation (BFE) shall apply. While the parcel is in both the AE and VE flood hazard areas the proposed structure is only within the AE flood hazard zone. AA. Section 9.8.2.A requires that new construction and substantial improvement of any residential structure (including manufactured homes) shall have the reference level, including basement, elevated no lower than the Regulatory Flood Protection Elevation (RFPE). Construction plans and elevation certificates shall be reviewed for compliance at time of building permit submittal. 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 project proposes a Single-Family Dwelling on vacant property located between existing properties zoned for commercial purposes. B. Land uses in the immediate vicinity of the subject site boat storage, vacant commercial land, and single family residential. C. The UDO requires single-family homes in the B-2 district to be part of a mixed-use project. Commercial development adjacent to a mixed-use project is not required to provide transitional buffers required by Table 5.4.3.B.1 or additional setbacks required by Table 3.1.3.C.1. D. However, if approved as requested the single-family dwelling unit not part of a mixed-use development would trigger the requirement for buffers associated with new commercial development on the adjacent parcels. E. No contradictory evidence has been submitted that this project will substantially injure the value of adjoining or abutting properties. S24-02 Staff Report BOC 8.5.2024 Page 18 of 18 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 currently undeveloped. B. No known cultural or archaeological resources are identified on site. C. The site is bounded by commercially zoned property. D. Land uses in the immediate vicinity of the subject site are residential and commercial. E. The proposed use will generate an estimated 2 AM and 2 PM peak hour trips. F. 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 0 dwelling units would be permitted under the current B-2 zoning base density, and 1 unit could potentially be developed under the proposed special use permit for an increase of 1 dwelling unit. Based on a generalized historic generation rate, it is estimated that the increase in homes would result in approximately 0 additional students than would be generated under current zoning. Anderson Elementary School has a current capacity of 106%, Murray Middle School has a current capacity of 101%, and Ashley High School has a current capacity of 100.5%. G. The 2016 Comprehensive Plan classifies the project area as Community Mixed Use, which encourages mixed uses to include: office, retail, mixed use, recreational, commercial, institutional, multi-family and single-family residential. The proposed request is for 1 dwelling unit. H. Additional conditions have been proposed regarding the preservation of a specimen live oak and the retention of the existing vegetative buffer.