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HomeMy WebLinkAboutS24-05 Supplemental Appendix - Additional Dwelling AllowanceS24-05 Supplemental Appendix – BOC 2-3-2025 Page 1 of 7 S24-05 ADDITIONAL DWELLING ALLOWANCE – SUPPLEMENTAL APPENDIX Example Motion - Additional Dwelling Allowance in R-15 Each special use permit is a distinct request and will require a separate motion from the board. 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: _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ 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)): ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ S24-05 Supplemental Appendix – BOC 2-3-2025 Page 2 of 7 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)): ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ S24-05 Supplemental Appendix – BOC 2-3-2025 Page 3 of 7 Draft Findings of Fact - Additional Dwelling Allowance in R-15 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 available through CFPUA. Public sewer available through connection to an existing force main. Project proposes to connect to public water and sewer. B. The subject property is in the New Hanover County Northern Fire Service District. C. Access to the site will be provided by one right-in, right-out access onto Market Street. A roadway connection to Brays Drive will be gated for emergency access only. D. The proposed use will generate an estimated 124 AM and 174 PM peak hour trips. The proposed project was included in a Traffic Impact Analysis (TIA) completed in 2023 and revised in 2024 for the combined B-2 and R-15 projects. E. The AADT Planning Capacity for Market Street is 41,369 trips and the AADT Latest Traffic Volume is 43,000 trips, indicating the highway is currently above capacity. F. Pages Creek Park Reserve is approximately 4 miles, and Ogden Park is approximately 2.5 miles from the project site. G. The conservation resource map indicates a natural pond in the easternmost corner of the project area. The pond is below the size required to trigger additional requirements listed in Section 5.7 Conservation Resources. 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. An additional dwelling allowance is allowed by Special Use Permit in the R-15, Residential zoning district. B. Section 3.1.3.E.1.b states the base site acreage shall be determined by subtracting the acreage of water bodies and other areas below the mean high-water line, if tidally influenced, or below mean water line, if non-tidally influenced, land used as open space in prior residential development, and land used for commercial, office and institutional, and light industrial purposes in a PD district. The site does not contain open space from prior residential development, and is not in a PD district. S24-05 Supplemental Appendix – BOC 2-3-2025 Page 4 of 7 C. Section 3.1.3.E.1.c states the maximum number of dwelling units that may be built shall be determined by multiplying the base site area by the appropriate density factor of 10.2 dwelling units per acre as provided in Table 3.1.3.E.1.c. The base site acreage is calculated by subtracting the 1.30 acres of natural pond from the acreage zoned R-15. The base site acreage is 28.92. The maximum number of dwelling units allowed is 295. The applicant is requesting 242 dwelling units at a density of 8.37 dwelling units per acre in the property zoned R-15. D. Section 3.1.3.E.1.d states residential units shall not be clustered at a density greater than 2.5 units per base acre in the AE or VE special flood hazard areas or CAMA Estuarine Areas of Environmental Concern. The subject site is not located in the AE or VE special flood hazard areas or CAMA Estuarine Areas of Environmental Concern. E. Section 3.1.3.E.2.a states developments allowed an additional dwelling allowance shall be located on a parcel of land that is 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 properties are within the Urban Mixed Use place type. F. Section 3.1.3.E.2.b states 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. This direct access requirement will be satisfied if one or more property boundary lines is contiguous with and utilizes access to and from an existing major or minor arterial, or the development accesses an existing major or minor arterial roadway by a NCDOT-maintained public street, or by a private street designed and constructed in accordance with the County’s minimum standards for a collector road. The development has direct access onto Market Street, a principal arterial roadway. G. Section 3.1.3.E.2.c states all interior drives shall be designed so as to provide adequate access for emergency service vehicles. Interior drives shall be reviewed and approved by New Hanover County Fire as part of the Technical Review Committee (TRC) review process. H. Table 3.1.3.E.3.a.1 requires a minimum of 35% open space for additional dwelling allowance developments in the R-15 district. 35% of 30.22 acres is 10.57 acres of required open space. The proposed development provides 10.57 acres (35%) of open space. I. Table 3.1.3.E.4 requires public or community sewer, public or community water, underground storm drainage, and a maximum impervious surface ratio for gross site area of .40. The maximum allowed impervious surface area for 30.22 acres is 12 acres. The plan states the project will comply with the maximum 12 acres of impervious surface. J. Section 3.1.3.E.5.a states the required minimum setback for developments with an additional dwelling allowance shall not be less than 25 feet. The concept plan shows a 25-foot-wide perimeter building setback around the proposed development. K. Section 3.1.3.E.5.b states when additional dwelling allowance developments are located and adjacent to any existing detached residential development (not including Mobile Home Parks, other developments with an Additional Dwelling Allowance or High-Density Development special use permit, or General Planned Development districts), structures over 25 feet in height shall be setback a distance equal to the height of the structure. The application includes a condition guaranteeing a maximum building height of three stories not to exceed 40 feet. The concept plan shows all structures set back a minimum of 40 feet from the property line. S24-05 Supplemental Appendix – BOC 2-3-2025 Page 5 of 7 L. Section 3.1.3.E.5.c states multi-family dwelling units shall be spaced a minimum of 20 feet from any part of another dwelling unit. All other dwelling units shall be spaced a minimum of 10 feet from each other. Multi-family dwelling units are a minimum of 20 feet apart from another dwelling unit. Attached row houses are a minimum of 10 feet apart from other dwellings. M. Section 3.1.3.E.6.a states buffer strips shall be required in accordance with Section 5.4 Landscaping and Buffering. If approved, buffer landscaping shall be reviewed during TRC review. N. Section 3.1.3.E.6.b states parking shall be provided in accordance with Section 5.1 Parking and Loading. If approved, parking shall be reviewed as during TRC review. O. Section 3.1.3.E.6.c states signs shall be in accordance with Section 5.6 Signs. Signs shall be reviewed through the sign permitting and review process with the Planning & Land Use Department. P. Section 3.1.3.E.6.d states sewage disposal facilities shall be in accordance with the requirements for utility lines and facilities outlined in Section 4.3.3.I Utilities. CFPUA shall review and permit the proposed sewer through the CFPUA permitting process. Q. Section 3.1.3.E.7.a states when a plat or map is to be recorded, the maps or plat shall contain a Certificate indicating the book and page number of the homeowners association covenants, conditions and restrictions. New restrictive covenants or updates to existing restrictive covenants shall be recorded with the Register of Deeds and a certificate shall be included on the plat prior to recordation. The restrictive covenants shall be reviewed and approved by the Planning & Land Use Department and Legal Department prior to recordation. R. Section 3.1.3.E.7.b states responsibilities for maintenance of private streets, open space, recreation facilities, and other common areas shall be specified. Responsibilities for maintenance of private streets, open space, recreation facilities and other common areas shall be included in the restrictive covenants. The restrictive covenants shall be reviewed and approved by the Planning & Land Use Department and Legal Department prior to recordation. S. Section 3.1.3.E.7.c states responsibilities for exterior maintenance of attached dwelling units shall be specified. The developer has the option of including responsibilities for exterior maintenance. No responsibilities are proposed. The restrictive covenants shall be reviewed and approved by the Planning & Land Use Department and Legal Department prior to recordation. T. Section 3.1.3.E.7.d states the homeowners association shall be authorized to rebuild damaged or destroyed portions of structures containing attached dwelling units when the individual owner fails to do so. The restrictive covenants shall be reviewed and approved by the Planning & Land Use Department and Legal Department prior to recordation. U. Section 3.1.3.E.8.a states when a development proposal is submitted for an additional dwelling allowance development it shall be reviewed in accordance with the same standards as established in the UDO for subdivisions even if the project does not involve the subdivision of land. The Technical Review Committee (TRC) shall review such plans in addition to board approval of the special use permit. If approved, the project shall be reviewed by the TRC prior to the first Certificate of Occupancy for any structure associated with the project. V. Section 3.1.3.E.8.b states a site plan conforming to the requirements of Section 10.3.6 Site Plan shall be submitted and shall include the approximate delineation of Corps of Engineers Section 404 and Section 10 wetlands. No wetlands are designated on the proposed plan. S24-05 Supplemental Appendix – BOC 2-3-2025 Page 6 of 7 W. Section 3.1.3.E.8.c states a drainage plan pursuant to Article 6 Subdivision Design and Improvements, and the County’s Stormwater Management Ordinance shall be submitted. Existing and proposed stormwater management shall be reviewed by the New Hanover County Engineering Department. X. Section 3.1.3.E.8.d states revisions for development plans with an additional dwelling allowance shall be reviewed the same as an original submittal in accordance with the site plan requirements. Such revisions shall be limited to those areas still owned by the developer. Density calculations shall not include land areas already platted and / or sold. If approved, future revisions shall be reviewed by the Board of Commissioners through the Special Use Permit process. Y. Table 5.1.2.A states row-style dwelling units must provide two parking spaces for every dwelling unit. The R-15 portion of the site requires a minimum of 242 parking spaces. The site plan meets the ordinance requirement by providing 107 parking spaces. 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 proposed Additional Dwelling Allowance is on vacant property located between existing properties zoned for commercial purposes along Market Street and lower density residential development. B. Land uses in the immediate vicinity of the subject site are single family residential and mixed commercial along Market Street. C. The proposed Additional Dwelling Allowance accesses Market Street through the adjacent B-2 parcel. The connection to Brays Drive out to Porters Neck Road will be gated for emergency access only. D. No evidence has been submitted indicating whether this project will or will not substantially injure the value of adjoining or abutting properties. S24-05 Supplemental Appendix – BOC 2-3-2025 Page 7 of 7 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 is currently undeveloped. B. No known cultural or archaeological resources are identified on site. C. The R-15 site is bounded by residentially zoned property to the north, south, and east. The site is bounded by a mix of commercially and residentially zoned property to the west. D. Land uses in the immediate vicinity of the subject site are residential. E. The 2016 Comprehensive Plan classifies the project area as General Residential, which encourages single family and duplex residential development at a maximum density of 8 dwelling units per acre. The density of the Additional Dwelling Allowance request is 8.37 dwelling units per acre, however due to the interconnectedness of the B-2 and adjacent R-15 projects, when taken together the overall density of the combined projects is 9.5 dwelling units per acre. F. Additional conditions have been proposed tying development of the site to approval of the adjacent Multi-Family Dwellings in a B-2 district special use permit, easements, landscape buffers, vehicular access restrictions onto Brays Drive, bicycle and pedestrian connections to Brays Drive, buffers, building height, and a provision for drainage improvements.