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
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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
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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
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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.
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• 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
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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
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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.
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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
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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:
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
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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)):
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
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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.
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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.
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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.
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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.