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HomeMy WebLinkAboutMPD Terms and Conditions -Revised Proposed Master Planned Development Terms & Conditions Terms and Conditions 1. Conditions related to approval of the application for the planned development zoning district classification; a) Development within the PD District will comply with the use types, buffer requirements, setback requirements, maximum impervious area, maximum height and density as shown on the MPD Master Plan; b) Developer will install all applicable offsite traffic improvements required by the TIA in conjunction with development of the site (a diagram of which is attached hereto as Exhibit “A”), subject to any modifications required by the NCDOT and/or WMPO. c) At Developer’s own expense, Developer will provide a new access easement across Developer’s property from Emerson Drive to the Grady/Moore Family Cemetery for use by members of the Grady/Moore Family. The Developer, however, shall not be responsible for maintenance of the Cemetery property. The aforementioned access easement is planned to be utilized only for cemetery access, underground utility access and emergency vehicle ingress/egress. d) Developer must provide water and sewer utilities to the site prior to development. e) The uses allowed shall include all of the uses permitted in the PD District as specified in NHC UDO Table 4.2.1, except that the following uses will be prohibited: i. All Agricultural Uses; ii. The following Residential Uses: (1) Mobile Home (2) Mobile Home, Doublewide (3) Mobile Home Park (4) Mobile Home Subdivision iii. The following Civic and Institutional Uses: (1) Animal Shelter (2) Heliport iv. The following Commercial Uses: (1) Mobile Home and Prefab Building Sales (2) Vehicle Sales (3) Vehicle Towing Service and Storage Yard v. All Industrial uses vi. All Manufacturing uses vii. All Transportation uses 2. The MPD Master Plan, including any density/intensity standards, dimensional standards, and development standards established in the MPD Master Plan; Any development of the site must comply with the following standards as shown on the MPD Master Plan: a) Uses are limited to the following i. 8.24 Acres of Multifamily Residential and Mixed-Use Commercial- Residential; ii. 10.23 Acres of Commercial/Grocery; iii. 7.75 Acres of Retail b) Maximum Residential Density for Multifamily and Mixed-Use development is 17 du per acre c) Maximum number of residential units is 115 units d) Maximum height for all structures is limited to 50 feet e) Proposed buffer yard abutting residential = 20 feet f) Multifamily and Mixed-Use Setbacks = 20 feet g) Commercial/Grocery/Retail Setbacks as follows: i. Front Yard = 20 feet ii. Rear Yard = 20 feet iii. Side Yard = 20 feet iv. US/NC Highway Setbacks = 50 feet h) Maximum impervious = 50% 3. Conditions related to the approval of the MPD Master Plan, including any conditions related to the form and design of development shown in the MPD Master Plan; a) A minimum 20% landscape buffer as indicated on the MPD Master Plan. Existing vegetation and trees are to remain. Areas may be supplemented with plantings. b) A 5’ sidewalk will be installed on both sides of the interior road connecting Chair Road to Castle Hayne Road as shown on the MPD Master Plan. c) All required traffic improvements (see attached Exhibit “A”) will be phased along with development. 4. Provisions addressing how transportation, potable water, wastewater, stormwater management, and other infrastructure will be provided to accommodate the proposed development; a) A company affiliated with the Developer previously installed a water main, in partnership with New Hanover County (who provided hydrants for fire protection) and the Cape Fear Public Utility Authority along Chair Road. Developer will be responsible for providing water infrastructure from the main to the PD development site. b) Developer will provide sewer to the PD development site, including installation of a sewage lift station for the PD development site if necessary. This will likely provide the opportunity for public/private partnerships which could expand sewer service options for existing community residents. c) As noted above, Developer will be responsible for installing all required traffic improvements in conjunction with development of the site. 5. Provisions related to environmental protection and monitoring: The Developer will be responsible for complying with all applicable State and New Hanover County environmental and stormwater rules and regulations, as well as any other applicable Federal, State and local environmental regulations. The Developer will obtain all required local, State and Federal environmental and regulatory permits. 6. The area shown on the MPD Master Plan as “Transitional Residential” shall not exceed eight (8) dwelling units per acre, and shall not exceed three (3) stories in height. 7. The area shown on the MPD Master Plan as “Transitional Commercial” will contain no commercial buildings and shall be limited to parking, streets, pedestrian ways, signage, stormwater management features, landscaping and infrastructure to support the PD development. 8. Vertical mixed-use development consisting of residential uses above ground-level commercial uses shall be allowed in the area designated “Retail/Office/Mixed-Use” on the MPD Master Plan. 9. Vertical mixed-use development consisting of residential uses above ground-level commercial uses shall be allowed along the interior road connecting Chair Road to Castle Hayne Road within the area shown as “Residential/Multifamily” on the MPD Master Plan. Compensating Community Benefits The proposed PD zoning would offer several benefits to the community:  Highest and Best Use: Most of the parcels are currently vacant and the site area is underutilized. This is particularly true because the site is located at the confluence of higher intensity Comprehensive Plan placetypes and an interstate interchange. The proposed PD rezoning would allow for a wider range of neighborhood-scale goods and services to be brought to an area that is commercially underserved. Developing the site under the current R-20 zoning district would not have the same community benefit to nearby residents or persons employed in the vicinity. It is anticipated that the proposed PD development will help promote additional business growth, create jobs and increase the availability of commercial goods and services in the area generally.  Better Design: A cohesive and comprehensively designed mixed-use project will not only be a more efficient use of land as promoted in the County’s Comprehensive Plan, it will also be a more architecturally and aesthetically pleasing development than a disconnected parcel-by-parcel development of this same property. The PD rezoning will allow for more thoughtful, well planned and compatible landscaping and street plans, as well as the opportunity for shared parking without multiple driveway cuts on adjacent roadways. Installation of utilities can also be achieved in a more efficient and planned manner with the PD District development.  Traffic Improvements: One of the greatest community benefits of this PD rezoning request is the proposed roadway and traffic improvements that the Developer will install as part of the development of the site. A new traffic signal and improvements to Chair Road will be significant benefits to the residents of Chair Road and the surrounding area. The proposed roadway improvements, which will include dual access points to the site, will be a significant community enhancement and will protect and enhance the ingress/egress to and from St. James AME Church.  Infrastructure: A company affiliated with the Developer has already installed a water main along Chair Road for a previous project, thereby creating a looped water system for the residents of Chair Road and Rockhill Road. This investment has served as a community benefit. The current project may also require a sewage lift station for the PD development. As previously mentioned, the Developer is willing to explore opportunities to work with the County and CFPUA to design the lift station as a regional lift station, which would allow the infrastructure to be used beyond the scope of the PD development. This would provide opportunities for the County and/or CFPUA to expand the availability of sewer to both existing and future properties in the community.  Housing: The project will include more residential units than the existing R-20 zoning currently allows. These additional units, particularly in close proximity to major employers and the interstate interchange, will increase the availability of housing at a time when the County’s population and the housing deficit continue to grow. Large tracts of very low-density housing will not solve the housing shortage, but higher density housing, and particularly in mixed-use developments near major roadways and employment opportunities, will help address the County’s housing shortage. The mixed-use nature of the proposed project will provide commercial goods and services to both future residents of the PD development and existing residents in the Chair Road corridor area, thereby reducing the need to access Castle Hayne Road.