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HomeMy WebLinkAboutS25-01 BOC Staff ReportS25-01 Staff Report BOC 5.5.2025 Page 1 of 13 STAFF REPORT FOR S25-01 SPECIAL USE PERMIT APPLICATION APPLICATION SUMMARY Case Number: S25-01 Request: Special Use Permit for a Senior Living: Assisted Living Facility Applicant: Property Owner(s): Carillon Assisted Living Sylvia Whaley Lewis, Michael Lewis, Karen Whaley Cobb, and Charles Cobb Location: Acreage: Plantation Road - PT Ranch 118 & 119, Sec 2 of Greenview Ranches 10.61 PID(s): Comp Plan Place Type: R02800-004-011-000 & R02800-004-012- 000 Community Mixed Use Existing Land Use: Proposed Land Use: Vacant Senior Living: Assisted Living Facility Current Zoning: R-15 Residential SURROUNDING AREA LAND USE ZONING North Vacant- S22-03 was approved in 2023 for a Wireless Support Tower R-15 East Undeveloped R-15 South Military Cutoff Extension; Mixed-Use Development approved as part of the Hanover Reserve Planned Development PD West Military Cutoff Extension Road, but approved as part of the Hanover Reserve Planned Development. N/A S25-01 Staff Report BOC 5.5.2025 Page 2 of 13 ZONING HISTORY July 7, 1972 Initially zoned R-15 (Area 8b) COMMUNITY SERVICES Water/Sewer Water and Sewer is not currently available through CFPUA. New Hanover County is funding construction of a sewer force main that would serve this property that is scheduled for completion at the end of 2025. CFPUA is considering a project that would bring water to this parcel, but no funds have been approved yet. Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire District, New Hanover County Porters Neck Station Schools Murrayville Elementary, Trask Middle, and Laney High Schools Recreation Smith Creek Park and Laney High School Tennis Courts CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation The County’s Conservation Resources Map indicates that pocosin conservation area is present on the site. The Arms Corps of Engineers expects wetlands impacts on this site. The applicant is working through the permitting process with the Corps. Historic No known historic resources Archaeological No known archaeological resources S25-01 Staff Report BOC 5.5.2025 Page 3 of 13 APPLICANT’S PROPOSED PLAN Applicant’s Site Plan for Assisted Living Facility • The applicant is requesting a special use permit for a 48,535 sf Senior Living: Assisted Living Facility. • The applicant has stated that this facility will serve up to 89 residents. • The UDO Defines Senior Living: Assisted Living Facility as: Any group housing and servies program for two or more unrelated adults that makes available, at a minimum, one meal a day and housekeeping services and provides personal care services directly or through a formal written agreement with one or more licensed home care or hospice agencies, in accordance with NCGS §131D-2.1. • The site features an internal courtyard and a perimeter drive around the site with sidewalks. • The site plan shows a dumpster and an on-site CFPUA pump station. • The subject site is located on approximately 10.61 acres located adjacent to a ramp serving the Military Cutoff Extension. • The property is currently zoned R-15 and is undeveloped. • While the density maximum for developments in the R-15 zoning district is 2.5 dwelling units per acre, the UDO does not set a maximum residential density for assisted living facilities. • The site plan shows the location of the building, driveway, and parking area. There are existing wetlands on site, some of which will be disturbed and others that will remain undisturbed. Mi l i t a r y C u t o f f S e r v i c e R o a d Stormwater Pond Wetlands on Non- Developed Portion of Site Assisted Living Facility CFPUA pump station N S25-01 Staff Report BOC 5.5.2025 Page 4 of 13 • Site access is proposed through a full access driveway from the service road. ZONING CONSIDERATIONS • Assisted living facilities are permitted in the R-15 district with the approval of a Special Use Permit and are subject to supplemental standards in Section 4.3.2.B.4. These standards generally address minimum lot size, height, utilities and impervious area. • The Ordinance also requires frontage on an arterial or collector roadway. • Senior Living: Assisted Living Facilities are required to obtain all other state and federal authorizations. • If approved, the project would be subject to Technical Review Committee and Zoning Compliance review processes to ensure full compliance with all ordinance requirements and specific conditions included in the approval. Only minor deviations from the approved conceptual plan, as defined by the UDO, would be allowed. S25-01 Staff Report BOC 5.5.2025 Page 5 of 13 AREA DEVELOPMENT S25-01 Staff Report BOC 5.5.2025 Page 6 of 13 TRANSPORTATION CURRENT CONDITIONS Intensity of Current Zoning Undeveloped PROPOSED ACCESS Primary Access Military Cutoff Extension Service Road EXISTING ROADWAY CHARACTERISTICS Affected Roadway Military Cutoff Extension Plantation Road Type of Roadway NCDOT Principal Arterial Road Local Road Roadway Planning Capacity (AADT) N/A* N/A** Latest Traffic Volume (AADT) N/A* N/A** S25-01 Staff Report BOC 5.5.2025 Page 7 of 13 Latest WMPO Point-in-Time County (DT) N/A* N/A** Current Level of Congestion N/A* N/A** TRAFFIC GENERATION Traffic Generated by Present Designation Traffic Generated by Proposed Use Potential Impact of Proposed Use AM Peak Hour Trips 0 18 +18 PM Peak Hour Trips 0 23 +23 TRAFFIC IMPACT ANALYSIS (TIA) The estimated traffic generated from the site is under the 100 peak hour threshold that triggers the ordinance requirement for a Traffic Impact Analysis (TIA). SUMMARY The proposed project is located along a service road adjacent to an NCDOT principal arterial road opened in 2024. This road was constructed to relieve traffic in the area and provide a connection to I-140- because it is new, there are no current traffic counts. While there is little information at this time about traffic in the area and daily volume of vehicles on these roads, NCDOT is anticipated to take measurements in the future. This project has a relatively low traffic impact. *The WMPO does not have a permanent traffic count collection on Military Cutoff Extension, and counts are not available at this time. NCDOT has not published any traffic volumes for the Extension to date, though this is likely to change in the future. **No traffic information is available for Plantation Road, as it is not an NCDOT maintained road. Plantation Road is a publicly dedicated right-of-way but it is privately maintained by the residents in the area. ENVIRONMENTAL • The subject property is not within any Special Flood Hazard Areas. • The property is not within a Natural Heritage Area. • The subject property is located within the Smith Creek Watershed. • The New Hanover County Conservation Resources Map indicate that pocosin wetlands may be present on site. However, because there are no Class IV soils on the site, the Conservation Resource Standards do not apply. • The applicant has delineated wetlands on the concept plan, some of which will be disturbed for this project and others which will remain undisturbed. The Army Corps of Engineers stated the applicant is in the process of obtaining permits for disturbing wetlands. • Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class III (severe limitation); however, the applicant has indicated that they will extend CFPUA utilities to the site. S25-01 Staff Report BOC 5.5.2025 Page 8 of 13 OTHER CONSIDERATIONS Context and Compatibility • The area to the west of the site is the Hanover Reserve Planned Development. Hanover Reserve was approved in August 2021 and includes a mix of residential and commercial development along Military Cutoff with an extension of Murrayville Road that will be installed by the developer. The Hanover Reserve Planned Development, approved in August 2021, will include a mix of residential and commercial development along the Military Cutoff Extension. It will also extend Murrayville Road to the Military Cutoff Extension. • Assisted living facilities are generally low-impact uses that are compatible with nearby residential uses. 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. • Goal 4 of the Plan is to ensure a variety of affordable, quality housing options are located in areas where necessary resources and services are easily accessible. S25-01 Staff Report BOC 5.5.2025 Page 9 of 13 2016 COMPREHENSIVE LAND USE PLAN The New Hanover County Future Land Use Map provides a general representation of the vision for New Hanover County’s future land use, as designated by place types describing the character and function of the different types of development that make up the community. These place types are intended to identify general areas for particular development patterns and should not be interpreted as being parcel specific. Future Land Use Map Place Type Community Mixed Use Place Type Description The community mixed use place type focuses on small-scale, compact, mixed use development patterns that serve all modes of travel and act as an attractor for county residents and visitors. Types of appropriate uses include office, retail, mixed use, recreational, commercial, institutional, and multi- family and single-family residential. Analysis The intent of the Community Mixed Use place type is to provide community- level services and/or transitions between lower density housing and higher intensity development, specifically along major roadway corridors. While the surrounding area remains largely undeveloped, the build-out of Military Cutoff Extension and Murrayville Road indicate the possibility of future development. New Hanover County County and CFPUA partnered on extending utilities to this area as well, with sewer construction underway and scheduled for completion in late 2025. Public water construction is under consideration but not yet funded. While assisted living facilities are often large structures, they are residential uses that are generally compatible with surrounding residential uses. They are low traffic generators. The proposed use would provide an additional community level service to nearby residential areas at a site that may, in the future, act as a transition from the highway corridor to residential parcels to the east. S25-01 Staff Report BOC 5.5.2025 Page 10 of 13 EXAMPLE MOTIONS 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 additional conditions have been identified that will bring the proposal in line with the required conclusions.) _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ Example Motion for Denial: Motion to deny the permit because the Board finds (choose all that apply): a. That the use WILL materially endanger the public health or safety if located where proposed (for the following reason(s)): ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ b. That the use DOES NOT meet all required condition and specifications (for the following reason(s)): ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ __________________ c. That the use WILL substantially injure the value of adjoining or abutting property, or that the use is NOT a public necessity (for the following reason(s)): ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ S25-01 Staff Report BOC 5.5.2025 Page 11 of 13 d. That the location and character of the use if developed according to the plan as submitted and approved WILL NOT be in harmony with the area in which it is to be located and WILL NOT be in general conformity with the Comprehensive Land Use Plan for New Hanover County (for the following reason(s)): ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ STAFF PRELIMINARY CONCLUSIONS AND FINDINGS OF FACT: 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 Finding of Fact Presented to Date A. Public water and sewer are not available through CFPUA. There is a funded project to bring CFPUA sewer to this area, starting construction in late 2025. Public water is also planned for this area but not yet funded. B. The subject property is in the New Hanover County Northern Fire Service District. C. Access to the site will be provided by a full-access driveway to a service road off Military Cutoff Extension. D. The applicant has delineated 8.62 acres of wetlands on the site. The site plan shows 4.30 acres of wetlands will be impacted by the project. E. The New Hanover County Conservation Resources Map indicate that pocosin wetlands may be present on site. However, because there are no Class IV soils on the site, the Conservation Resource Standards do not apply. F. The proposed use will generate an estimated 18 AM and 23 PM peak hour trips. G. The WMPO does not have a permanent traffic count collection on Military Cutoff Extension, and counts are not available at this time. NCDOT has not published any traffic volumes for the Extension to date, though this is likely to change in the future. S25-01 Staff Report BOC 5.5.2025 Page 12 of 13 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 Finding of Fact Presented to Date A. An Assisted Living Facility is allowed by Special Use Permit in the R-15, Residential zoning district provided that the project meets the standards of Section 4.3.2.B.4 of the Unified Development Ordinance. B. Section 4.3.2.B.4.a requires a minimum lot size of 5 acres. The concept plan indicates that the two subject 5.31-acre parcels will be recombined, resulting in a total site area of 10.61 acres. C. Section 4.3.2.B.4.b states that maximum building height shall be limited to 35 feet when buildings are placed within 50 feet of single-family residential lots or parcels. The concept plan states a maximum height of 35 feet. D. Section 4.3.2.B.4.c states that except as otherwise required by subsection b above, the height of buildings may be increased to no more than 50 feet when setbacks are increased to equal the proposed height of the building. The concept plan states a maximum height of 35 feet. E. Section 4.3.2.B.4.d states that the site must be served by public water and sewer. The site currently does not have access to public water and sewer. The Last Frontier Project is expected to serve this property with public sewer by the end of 2025. There is currently a planned but unfunded project to bring public water service to this area. If approved, the project cannot move forward until the water and sewer projects are complete or the applicant voluntarily pays to extend utilities to the site. F. Section 4.3.2.B.4.e states that the maximum impervious area shall not exceed 50 percent of the net acreage. In areas where coastal stormwater rules apply, those limits will supersede this provision. This site is not in a coastal stormwater area. The concept plan states that the total impervious surface on the site is 120,100 square feet. The net site acreage of 10.61 acres equals 462,172 square feet. The proposed impervious surface on the site is 26 percent. G. Section 4.3.2.B.4.f states that open space and improved recreation space shall be provided at a rate of 20 percent of net acreage. Vegetative buffers of not less than 20 feet are required for all proposals. The concept plan states that 2.2 acres, 21 percent, including the courtyard amenity, are provided as open space on the site. H. Section 4.3.2.B.4.g states that frontage on an arterial or collector roadway is required. This site has frontage on a service road off Military Cutoff Extension, a Principal Arterial Roadway. I. Section 4.3.2.B.4.h states that all other local, state or federal permits or authorizations are required. Other local, state, or federal permits or authorizations will be required before TRC approval or Certificate of Occupancy as determined during the TRC review. J. Table 5.1.2.A states that 1 parking space per 3 beds is required. The facility is expected to have 89 beds- this would require 30 parking spaces. 61 parking spaces are provided. K. Table 5.4.3.B.1 states that “All Other Residential Uses” must provide a 20’ Type A: Opaque Transitional Landscape Buffer where the development abuts undeveloped land in the R-15 district. The concept plan shows a 20’ landscape buffer around the perimeter of the parcels. S25-01 Staff Report BOC 5.5.2025 Page 13 of 13 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. A. The proposed assisted living facility is located along a service road that serves a principal arterial roadway. B. The land uses in the immediate vicinity of the subject site are vacant wooded land. An adjacent parcel was approved for a telecommunications facility however construction has not started on that project. C. The site is adjacent to the Hanover Reserve Planned Development which is approved for a mixture of residential and commercial uses however construction has not started on that project. D. 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. A. The subject site is currently undeveloped. B. The land uses in the immediate vicinity of the subject site are vacant wooded land. An adjacent parcel was approved for a telecommunications facility however construction has not started on that project. C. The site is adjacent to the Hanover Reserve Planned Development which is approved for a mixture of residential and commercial uses however construction has not started on that project. D. No known cultural or archaeological resources are identified on site. E. The Comprehensive Plan classifies the property as Community Mixed Use. The intent of the Community Mixed Use place type focuses on small-scale mixed-use development that serves all modes of traffic and includes uses such as recreational and institutional. The proposed use would provide additional low-impact residential use to potential future residential areas at a site that could act as a transition from the highway to adjacent low density residentially zoned parcels.