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HomeMy WebLinkAboutTA24-03 Staff Report - FinalSTAFF REPORT FOR TA24-03 TEXT AMENDMENT REQUEST REQUEST SUMMARY Case Number: TA24-03 Request: Request by Samuel Franck with Ward and Smith, P.A., applicant, to amend Article 4 of the Unified Development Ordinance to change the use of Senior Living: Independent Living Retirement Community from requiring a Special Use Permit to permitted-by-right in the RA, Rural Agricultural district. Applicant: Subject Ordinances: New Hanover County Unified Development Ordinance (UDO) Purpose & Intent The applicant’s key intent for this amendment is to change the use of Senior Living: Independent Living Retirement Community from requiring a special use permit in the RA zoning district, to being permitted-by-right. BACKGROUND This is an applicant-initiated text amendment request to amend the Table of Permitted Uses to allow the use of Senior Living: Independent Living as a by-right use in the RA, Rural Agricultural zoning district. Currently the use of Senor Living: Independent Living Retirement Community requires approval of a Special Use Permit in the RA district. A by-right use designation means all reviews and approvals would be handled administratively at staff level through the Technical Review Committee (TRC). The RA district is concentrated in the northwestern portion of the county west of Castle Hayne Road between the GE Campus to the south and the Pender County line to the north. The RA district has a maximum allowed density of 1 dwelling unit per acre if developed under the performance residential standards of the UDO. The purpose of the RA district is to allow very low density single-family residential development that is compatible in scale and character to rural and agricultural settings. Residential development remains lower density in the area due to the need for private wells and septic systems. However, individual developers have the option of using private investment to extend public water and sewer for individual projects. Senor Living: Independent Living Retirement Communities are defined as: “A housing development that may contain a variety of housing types designed for and restricted to occupancy by households having at least one member who is 55 years of age or older, living independently. 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.” ANALYSIS Unlike other types of senior living such as a continuing care or assisted living facility, Independent Living Retirement Communities have the same form and function as development that is not age restricted. Often the primary difference between a Senior Living: Independent Living development and other apartment or subdivision development is an age restriction requirement in the restrictive covenants. Because the age restrictions are established by private restrictive covenants, existing apartments or subdivisions have the option to choose to become age restricted after they are permitted and approved by the county. In that scenario the county would have challenges for both monitoring those changes and retroactively requiring a special use permit to age restrict existing development to meet the UDO. Currently, any senior housing apartment or subdivision is subject to the requirements of the underlying RA zoning district such as the setbacks and minimum lot size. Projects are also subject to the county’s general development standards for residential development including lighting, open space, parking, tree retention, and landscaping. Those standards would continue to apply to development with or without a special use permit. In addition to the practical implementation of age-restricted housing, New Hanover County has identified a rising need for senior housing and established goals to increase senior housing options in the county. Housing Needs Assessment • The 2022 Housing Needs Assessment, also known as the Bowen Report, concluded there is an estimated overall housing gap of 12,147 rental units and a gap of 16,875 for-sale units within the county over the next 10 years. • According to the report, in 2022 household heads between the ages of 55 and 64 comprised 17.1% of all households in the county, the largest percentage by age group. Collectively, senior households 55 and older constituted 45.6% of all households. • Household growth is projected to remain positive among most household age groups through 2027 with Seniors (ages 75 and older) increasing 24.6%. • The report concludes that the projected significant increase in senior households indicates a likely increase in demand for senior-oriented housing of both independent and assisted- living types. Master Aging Plan • The New Hanover County Master Aging Plan is a five-year plan which contains broad goals and objectives with corresponding implementation strategies to address resources and services for older adults who have a wide range of needs. • Through the Master Aging Plan, the county intends to create an “Aging-friendly” community, which is a community that provides affordable, accessible housing, multiple modes of transportation, access to community services, and opportunities for engagement for all residents, regardless of age or ability. By focusing on creating a complete community, New Hanover County will be encouraging aging in place and improve quality of life for older adults and their families. • Goal 4 of the plan is to ensure a variety of affordable, quality housing options are located in areas that are easily accessible to necessary resources and services for daily living. • Objective 4.2 is to increase the variety and number of affordable housing options. • One of the identified strategies for Objective 4.2 is to attract private builders and developers by offering incentives to build lower cost community living spaces. • Local governments incentivize development through a variety of methods. One method is to relax previous zoning restrictions for specific development or housing types to encourage more private investment. • The proposed amendment is an applicant-initiated amendment to allow senior housing development in the RA district without the requirement of a quasi-judicial hearing. 2016 Comprehensive Plan • The Action Plan for the 2016 Comprehensive Plan established the goals, objectives, and implementation strategies for the plan. Goal XV “Provide for a range of housing types, opportunities, and choices” has the stated desired outcome that citizens are not overburdened with the costs of availability of housing but have a diverse range of options that are affordable at different income levels. • Implementation guideline XV.A.3 of the Comprehensive Plan is to review zoning regulations where appropriate to accommodate populations with special needs such as the elderly and disabled. • Staff's review of the proposed text amendment found it to be generally CONSISTENT with the Comprehensive Plan because the proposed amendment would allow the development of senor housing in a residential zoning district without the additional step of a quasi-judicial hearing and board approval. PLANNING BOARD RECOMMENDATION The Planning Board considered the proposed amendment at their June 6, 2024 meeting. At the public hearing no one spoke in support of or in opposition to the proposed amendment. The Planning Board discussed that Senior Living: Independent Living is subject to the same density and development requirements as non-age restricted residential projects in the RA district. The Board voted unanimously (5-0) to recommend approval of the amendment. The Planning Board found the application to be CONSISTENT with the purpose and intent of the 2016 Comprehensive Plan because it provides for a range of housing types, opportunities, and choices for seniors. The Planning Board also found recommending APPROVAL of the proposed amendment reasonable and in the public interest because both the Housing Needs Assessment and the Master Aging Plan have identified a need for additional senior housing to serve current and future demand. STAFF RECOMMENDATION The 2016 Comprehensive Plan, Housing Needs Assessment, and Master Aging Plan collectively indicate a rising need for senior housing and for steps towards reducing barriers to the development of senior housing to meet current and future demand. Additionally, Independent Living Retirement Communities have the same form and function as development that is not age restricted. The proposed amendment would allow age restricted housing development in the RA district to be regulated the same as other non-age restricted housing in New Hanover County helping to address the projected 24.6% increase in senior households over the next 10 years and meeting the goals of the Comprehensive Plan and the Master Aging Plan by reducing barriers to the development of senior housing options. As a result, Staff concurs with the Planning Board recommendation and suggests the following motion: I move to APPROVE of the proposed amendment to the New Hanover County Unified Development Ordinance to allow the use of Senior Living: Independent Living Retirement Community as by-right in the RA, Rural Agricultural zoning district. I find it to be CONSISTENT with the purpose and intent of the 2016 Comprehensive Plan because it provides for a range of housing types, opportunities, and choices for seniors. I also find APPROVAL of the proposed amendment reasonable and in the public interest because both the Housing Needs Assessment and the Master Aging Plan have identified a need for additional senior housing to serve current and future demand. 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 DENY the proposed rezoning. While I find it to be generally CONSISTENT with the purposes and intent of the Comprehensive Plan because the development scale is in line with the plan’s recommendation for the place type and the project would provide additional housing diversity in the area. I find DENIAL of the rezoning request reasonable and in the public interest because the RA district currently lacks sufficient public infrastructure to support the needs of senior housing.