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HomeMy WebLinkAboutS24-04 Supplemental Appendix - Multi-Family in B-2S24-04 Supplemental Appendix – BOC 2-3-2025 Page 1 of 6 S24-04 MULTI-FAMILY IN A B-2 DISTRICT – SUPPLEMENTAL APPENDIX: 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)): ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ Example Motion - Multi-Family Dwellings in B-2 S24-04 Supplemental Appendix – BOC 2-3-2025 Page 2 of 6 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)): ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ S24-04 Supplemental Appendix – BOC 2-3-2025 Page 3 of 6 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. No known conservation resources in the B-2 zoned parcels. 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. Multi-family dwellings are allowed by Special Use Permit in the B-2, Regional Business zoning district. B. Section 4.3.2.2.b.1 states dwelling units must be part of 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. The project includes 1,800 square feet of commercial space as part of a mixed-use structure that includes multi-family dwelling units. Draft Findings of Fact - Multi-Family Dwellings in B-2 S24-04 Supplemental Appendix – BOC 2-3-2025 Page 4 of 6 C. Section 4.3.2.2.b.2 states the development shall be single ownership or unified control of a property owners association. The applicant has included a condition guaranteeing single ownership or unified control under a property owners association. Draft covenants would be reviewed as part of the Technical Review Committee (TRC) review process. D. Section 4.3.2.2.b.3 states uses within the development are restricted to residential uses and uses allowed in the B-1 district. The TIA analyzed the project for retail use, however any use allowed in the B-1 district would be permitted on the property. E. Section 4.3.2.2.b.4 states sidewalks shall be provided throughout the project. Sidewalks have been provided around the structures and extend to the connection with the R-15 portion of the project. F. Section 4.3.2.2.b.5 states parking location and quantity shall be shared. Parking is shown throughout the site. If approved, the applicant would be required to provide information guaranteeing shared parking as part of the TRC review process. G. Section 4.3.2.2.b.6 states community facilities and / or common area shall be provided. The B-2 portion requires a minimum of 20% open space. The concept plan meets the minimum open space requirement. H. Section 4.3.2.2.b.7 states Mixed-Use Residential buildings are permitted and encouraged. The building closest to Market Street on the site plan is a Mixed-Use Residential building. I. Section 4.3.2.2.b.8 states conceptual elevations indicating proposed architectural style and conceptual lighting plans shall be submitted with the application. Conceptual elevations were included in the application. Application does not include any conceptual lighting plans. J. Section 4.3.2.2.c states multi-family dwellings in all districts 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. A site plan shall be submitted in accordance with Section 10.3.6 Site Plan. If approved, the project shall be subject to the subdivision review process through the Technical Review Committee (TRC). K. Section 3.5.3.D.1.a states all non-residential buildings and their accessory uses shall be set back a minimum of 100 feet from the right-of-way of the designated highway. The project meets the 100-foot setback requirement. L. Section 3.5.3.D.1.b states no building shall be located less than 25 feet from any property line. The project meets the 25-foot setback requirement. M. Section 3.5.3.D.1.c states the setback may be reduced for those buildings, accessory uses, and off-street parking by a maximum of 25 percent if the development provides additional plantings along the right-of-way. At a minimum, these plantings shall consist of one deciduous or evergreen tree at least 2.5-inch caliper for every 40 feet of road frontage. These streetscape trees must be selected and planted in accordance with Section 5.4, Landscaping and Buffering, and must be located in the first 10 feet of land adjacent to and parallel to the right-of-way, except that plantings may be moved outside this area if it is determined that overhead powerlines would interfere with the trees’ natural growth. The project does not propose any setback reduction. N. Section 3.5.3.D.2 states all manufacturing, storage, offices, wholesaling, retail sales or similar uses shall be conducted within an enclosed building. No unenclosed buildings are proposed. The 1,800 square feet of commercial space is shown as enclosed. S24-04 Supplemental Appendix – BOC 2-3-2025 Page 5 of 6 O. Table 5.1.2.A states multi-family dwelling units must provide 1.5 parking spaces for every one bedroom unit, and two parking spaces for every unit with two or more bedrooms. The table also requires a minimum of 2.5 parking spaces for every 1,000 square feet of commercial space. The B-2 portion of the site requires a minimum of 104 parking spaces. The site plan meets the ordinance requirement by providing 107 parking spaces. P. Section 3.1.3.D.1.a states buildings on the periphery of a Performance Residential Development shall setback a minimum of 20 feet from the adjoining property line. All buildings are a minimum of 20 feet from adjoining property. Q. Section 3.1.3.D.1.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 dwellings are spaced a minimum of 20 feet apart. R. Section 5.8.2. states multi-family developments and performance residential projects require a minimum of 20% open space. The B-2 portion of the site provides a minimum 20% open space. 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 multi-family dwellings in a B-2 district is on property with a vacant office building. The project area is located between existing properties zoned and used for commercial purposes along Market Street and a former forestry parcel and a lower density single-family residential development to the east. B. Land uses in the immediate vicinity of the subject site are grocery stores, restaurants, retail, and light industrial along Market Street. C. No evidence has been submitted indicating whether this project will or will not substantially injure the value of adjoining or abutting properties. 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 B-2 site is bounded by commercially zoned property to the north, south, and west. The site is adjacent to industrially zoned property to the west that transitions to residentially zoned parcels in Porters Neck. S24-04 Supplemental Appendix – BOC 2-3-2025 Page 6 of 6 D. Land uses in the immediate vicinity of the subject site are commercial. E. The 2016 Comprehensive Plan classifies approximately the B-2 project area as Urban Mixed Use which promotes mixed-use, multi-family and higher density single-family development to provide a range of housing types, opportunities, and choices. The Urban Mixed Use place type does not recommend a maximum density. The density of the B-2 project is 19.3 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. The B-2 zoned parcels are within the Porters Neck Growth Node. Growth nodes are intended to be focus areas of development, encouraging high-density developments that promote pedestrian activity and alternative transportation options. G. Additional conditions have been proposed tying development of the site to approval of the adjacent Additional Dwelling Allowance special use permit, easements, tree retention, and building height.