HomeMy WebLinkAboutS23-01 Order - SignedCOUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER TO ISSUE A SPECIAL USE PERMIT
Additional Dwelling Allowance in R-15, Residential, and O&I, Office and Institutional, Zoning
Districts
S23-01
The County Commissioners for New Hanover County (the "County Commissioners"), having held
a public hearing on May 1, 2023 to consider application number S23-01 submitted byloseph Kass
on behalf of Graycliff Capital Affordable Housing LLC (the "Applicant") for an additional dwelling
allowance at 633, 635, 641, and 649 Piner Road identified as Parcel Identification numbers
R07600-002-011-000, R07600-002-011-001, R07600-002-011-002, and R07600-002-012-000,
and having heard all of the evidence and arguments presented at the hearing, the County
Commissioners conclude that the Applicant produced competent, material, and substantial
evidence tending to establish the existence of the facts and conditions which Section 10.3.5.D of
the County Unified Development Ordinance requires for the issuance of a special use permit, and
from the evidence adduced at the hearing, the Commissioners make the following FINDINGS OF
FACT and draw the following CONCLUSIONS:
1. The County Commissioners FIND AS A FACT that the following specific requirements set forth
in Section 10.3.5.D (1-4) of the County Unified Development Ordinance WILL be satisfied if
the property is developed in accordance with the plans and findings submitted to the County
Commissioners.
(1) The use will not materially endanger the public health or safety if located
where proposed and approved;
(2) The use meets all required conditions and specifications of the Unified
Development Ordinance;
(3) The use will not substantially injure the value of adjoining or abutting
property, or that the use is a public necessity; and
(4) 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.
2. Therefore, because the County Commissioners conclude that all of the general and specific
conditions precedent to the issuance of a special use permit HAVE been satisfied, IT IS
ORDERED that the application for the issuance of a special use permit be GRANTED subject
to the following conditions:
A. Density not to exceed 60 total units (9.6 units per acre). Current conceptual site plan
shows 54 total residential units at 8.7 units per acre. Site plan shows a mixture of 3
story and 2 story buildings. If additional 6 units are added to the shown 54 units, the
2 story building portions would be raised to 3 stories without altering building
footprints.
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B. Proposed development must be awarded LIHTC housing tax credits through the North
Carolina Housing Finance Agency.
C. Restricted to residential uses only, no commercial uses.
D. Buildings not to exceed 3 stories in height.
E. Site plan to retain undisturbed tree save area within the area labeled as 50' Buffer
Easement in NE corner of property adjacent to single family homeowners.
Ordered this 1st day of May, 2023.
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-a-& - (
Bill Rivenbark, Chair
Attest:
Kqi� 0
KyrrUrowell, Clerk to the Board
Exhibit A
Findings of Fact:
(In Accordance with Section 10.3.5 of the New Hanover County Unified Development
Ordinance)
Finding 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.
A. Public water and sewer infrastructure and capacity are available to serve the site.
B. The subject property is located in the New Hanover County Southern Fire Service District.
C. Access to the site will be provided by a full access driveway to Piner Road.
D. The subject site does not host any known cultural or archaeological resources.
E. The National Wetlands Inventory and the New Hanover County Conservation Resources
Map indicate that pocosin wetlands may be present on the site.
F. The proposed use will generate an estimated additional 13AM/19PM peak hour trips
resulting in a minimal increase in traffic.
Finding 2: The Board must find that the use meets all required conditions and specifications of
the Unified Development Ordinance.
A. An Additional Dwelling Allowance is allowed by Special Use Permit in the O&I, Office and
Institutuional, and R-15, Residential zoning districts provided that the project meets the
standards of Section 3.1.3.E of the Unified Development Ordinance.
B. Section 3.1.3.E.1 establishes a maximum density of 10.2 units/acre in R-15 and 0&1
districts. The applicant is requesting a maximum density of up to 9.6 units/acre for a
maximum total of 60 units.
C. Section 3.1.3.E.2.a requires developments with an additional dwelling allowance to be
located either totally or primarily in, contiguous to, or within 250 feet of, the boundary of
areas classified as Employment Center, Urban Mixed Use, or Community Mixed Use place
types in the Comprehensive Plan. The site is located completely within the Urban Mixed
Use placetype.
D. Section 3.1.3.E.2.b states that the development shall have direct access to and from an
existing major or minor arterial as indicated on the most recent officially adopted
Wilmington MPO Functional Classification Map. In addition, all interior drives shall be
designed so as to provide adequate access for emergency vehicles. The subject site has
direct access to Piner Road, an NCDOT maintained minor arterial road. If approved the
site plan will be reviewed by the Technical Review Committee, ensuring adequate access
for emergency vehicles.
Page 3 of 5
E. Section 3.1.3.E.3 regulates the minimum amount of gross site area that shall be set aside
as open space in accordance with Section 5.8, open space requirements. The R-15 and
0&1 districts require 35% open space. The proposed open space shown on the applicant's
submitted site plan meets this requirement.
F. Section 3.1.3.E.4 establishes minimum district improvements required by the county
including public water and sewer, storm drains, curb and gutter and a maximum
impervious surface ratio for gross site area of 0.40. These requirements have been shown
and curb and gutter details will be required during the site plan approval process.
G. Section 3.1.3.E.5 requires a minimum 25' setback from the property line and 20' from
adjacent multifamily dwellings. The locations of the proposed structures meet the setback
requirements.
H. Section 3.1.3.E.6. requires other development standards in regards to buffer strips,
parking, signage, and utilities in accordance with Sections 5.4, 5.1, 5.6, and 4.3.3.1 of the
UDO. Standards will be required to be met at the time of site plan approval.
Finding 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.
A. The location of the proposed multi -family development and associated amenities are
located near an existing mix of commercial, multi -family, and single-family development.
B. The land use in the immediate vicinity of the subject site is commercial, multi -family
residential, and single family residential.
C. The New Hanover County Conservation Resources Map indicate that pocosin wetlands
may be present on the site, however it is not sufficient to trigger the County's open space
requirements.
D. A tree preservation area in the rear of the site and adjacent to single family homes has
been provided in addition to the 50' rear buffer.
E. Evidence has been submitted in the form of an impact analysis by 1C Morgan, a North
Carolina Certified General Real Estate Appraiser, that the proposal will not have
significant adverse impact on adjoining and abutting properties.
F. No contradictory evidence has been submitted that this project will substantially injure
the value of adjoining or abutting properties.
Finding 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.
A. The subject site currently has 2 single-family homes and is undeveloped.
B. The site is bounded by residentially zoned property to the north, office and institutional
zoned property to the east and west, and B-2 to the south across Piner Road.
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C. Land uses in the immediate vicinity of the subject site are single-family and multi -family
residential and commercial.
D. The Comprehensive Plan classifies the property as Urban Mixed Use which focuses on the
development of a mix of residential, office, and retail uses at higher densities. Types of
uses encouraged include office, retail, mixed use, small recreation, commercial,
institutional, single-family, and multi -family residential. The intent of the Urban Mixed
Use place type is to provide urban design features and / or transitions between lower
density housing and higher intensity development in areas adjacent to the City of
Wilmington. This type and density of residential multifamily development is specifically
encouraged in this Comprehensive Plan place type. Further, the Comprehensive Plan's
implementation guidelines aim to support a diversity of housing, supporting economic
prosperity, when placed to best serve the needs of surrounding residents, business, and
institutional uses, can help to advance those goals.
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VICINITY MAP
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CERTIFICATE OF APPROVAL
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NOTES:
1. TREES WITHIN THE CLOUD AREA ARE TO
BE PROTECTED AND SAVED.
2. ALL TREES OUTSIDE OF THE CLOUD
AREA WILL BE REMOVED,
SCALE: 1" = 30'
0 30 80 90