Loading...
HomeMy WebLinkAboutS25-04 BOC Staff ReportS25-04 Staff Report – Board of Commissioners 10-6-2025 Page 1 of 22 STAFF REPORT FOR S25-04 SPECIAL USE PERMIT APPLICATION APPLICATION SUMMARY Case Number: S25-04 Requests: S25-02 – R-15 Additional Dwelling Allowance Applicant: Property Owner(s): James Yopp with Hoosier Daddy, LLC Hoosier Daddy, LLC Location: Acreage: 5669, 5671, 5713, 5831 Carolina Beach Road and 1051, 1055, 1052, 1046 Rosa Parks Lane 43.10 PID(s): Comp Plan Place Type: R07600-004-027-000, R07600-004-028-000, R07600-004-035-000, R07600-004-035-001, R07600-004-037-000, R07600-004-038-000, R07600-004-045-000, R07600-004-052-000 Urban Mixed Use and General Residential Existing Land Use: Proposed Land Uses: Vacant land with partial road infrastructure Maximum 291 mix of attached and multi- family dwelling units Current Zoning: R-15, Residential S25-04 Staff Report – Board of Commissioners 10-6-2025 Page 2 of 22 SURROUNDING AREA LAND USE ZONING North Coastal Christian High School and the Villages at Myrtle Grove Shopping Center R-15 and B-2 East Single-Family Residential (Sentry Oaks Subdivision) R-15 South Single-Family Residential (Tarin Woods Subdivision) R-15 West Motorcycle sales, general retail, Autumn Care of Myrtle Grove, and Single-Family Residential B-2 and R-15 ZONING HISTORY April 7, 1971 Initially zoned R-15 (Area 5) COMMUNITY SERVICES Water/Sewer Public water available through CFPUA. Public sewer available through connection to an existing force main. Fire Protection New Hanover County Fire Services, New Hanover County Southern Fire District, New Hanover County Station 18. Schools Porters Neck Elementary, Holly Shelter Middle, and Laney High Schools Recreation Hanover Pines Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation The conservation resource map indicates pocosin wetlands on the property; however, they are not underlaid with Class IV soils. Pocosin wetlands require Class IV soils to trigger additional development standards. Historic No known historic resources Archaeological No known archaeological resources S25-04 Staff Report – Board of Commissioners 10-6-2025 Page 3 of 22 APPLICANT’S PROPOSED PLANS Site Plan with Staff Markup N Access to Carolina Beach Road Multi-Family or Attached Single Family Amenity and Open Space Stormwater Open Space Proposed Stormwater Attached Single Family Existing Stormwater Stormwater S25-04 Staff Report – Board of Commissioners 10-6-2025 Page 4 of 22 Project History • In June 2025 the Board of Commissioners denied special use permit S25-02 for an Additional Dwelling Allowance for 10.2 dwelling units per acre for a total of 444 dwelling units on parcels that comprise much of the subject site. • Section 10.2.10.F of the Unified Development Ordinance (UDO) states if an application requiring a public hearing is denied, no application proposing the same or similar development on all or part of the same land shall be submitted within one year after the date of denial unless the Planning Director determines that o There has been substantial change in the circumstances relevant to the issues or facts considered during review of the prior application that might reasonably affect the action of the decision-making body; o New or additional information is available that was not available at the time of review of the prior application that might reasonably affect the action of the decision-making body; o The new application proposed to be submitted is materially different from the prior application; or o The final decision on the prior application was based on material mistake of fact. • The applicant revised and resubmitted a special use permit application by the August 1, 2025 deadline, in accordance with the ordinance requirements for Additional Dwelling Allowances. • On August 18, the Board of Commissioners amended the UDO to permit Additional Dwelling Allowances through the conditional rezoning process. • Since the application was submitted before the amendment was adopted, it must be reviewed under the prior ordinance standards. • Planning staff reviewed the proposed application and determined the current request under consideration is materially different from the prior denied application. The table below outlines the primary differences between the two projects: S25-02 – Denied Project S25-04 – Proposed Project Density 10.2 dwelling units per acre 6.75 dwelling units per acre Unit Count 444 units 291 units Access No direct access to Carolina Beach Road. Possible access to Rosa Parks Lane. Direct access to Carolina Beach Road. Conditioned access to Rosa Parks Lane. S25-04 Staff Report – Board of Commissioners 10-6-2025 Page 5 of 22 Project Description • The project features a collector road running north from the existing Tarin Woods development that divides the project into a western section (outlined in Blue) and an eastern section (outlined in Green). • The project consists of eight parcels totaling 43.10 acres. The area outlined in Blue totals approximately 13.10 acres, while the area outlined in Green is approximately 30 acres. The area outlined in Green is a portion of a larger parent parcel, if approved the additional dwelling allowance and conditions of approval would only apply to the acreage shown in the application and on the concept plan. • The project proposes a total of 291 residential units at a maximum density of 6.75 dwelling units per acre. • The concept plan includes 69 total buildings consisting of an amenity building and a mix of multi-family, row-style, quadraplex, triplex, dual unit attached, and detached single-family dwellings. • The area outlined in Blue consists of 110 units across Buildings 29 – 45, 66, 67, and 69. The concept plan includes a provision allowing flexibility in the unit type by proposing the options for the following housing types: Multi-Family, Row-Style, Quadraplex, Triplex, Dual-Unit Attached, and Detached Single-Family. • This area with potential multi-family structures provides the possibility for a transitional development pattern moving east through the amenity area to the central drive. • The area outlined in Green consists of 181 units across Buildings 1 – 28 and 46 – 65. The concept plan includes a provision allowing flexibility in the unit type by proposing the option for the following attached housing types: Row-Style, Quadraplex, Triplex, Dual-Unit Attached, and Detached Single-Family. • The buildings in the eastern section do not allow multi-family development and would act as a transition to the existing lower density, detached single-family development further east. • Building 68 is proposed as a 3,060 square foot amenity building. • The project includes a new access road with right-in, right-out access onto Carolina Beach Road and a condition restricting access to Rosa Parks Drive unless the application reaches an access agreement with the other residents of Rosa Parks Drive. • The project does not include a road stub to the Coastal Christian property to the north. S25-04 Staff Report – Board of Commissioners 10-6-2025 Page 6 of 22 ZONING CONSIDERATIONS • Additional Dwelling Allowances are permitted in the R-15 district with approval of a Special Use Permit and are subject to the requirements in Section 3.1.3.E of the UDO. These standards generally address density, open space, utility and stormwater improvements, proximity to higher density place types listed in the Comprehensive Land Use Plan, access, and impervious surface limitations. • Additional Dwelling Allowances require a minimum 35% open space. The minimum required open space is 15.08 acres. The application shows the 15.11 acres of open space are provided, slightly exceeding the requirement for a 43.10-acre project. • The concept plan states the maximum building height for all structures is 40 feet which complies with the R-15 height restrictions of the UDO. • Additional Dwelling Allowances caps impervious surface at 40%. The application shows 17.24 acres of impervious surface, which is slightly below the 40% maximum for the site at both the acreage listed in the application and the calculated acreage of the site. The site also includes 3.68 acres of pervious driveways and parking areas in the eastern portion of the site. • As proposed, the application meets the minimum requirements of Section 3.1.3.E. • If approved, the project would be subject to the 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. S25-04 Staff Report – Board of Commissioners 10-6-2025 Page 7 of 22 AREA DEVELOPMENT Target S25-04 Staff Report – Board of Commissioners 10-6-2025 Page 8 of 22 TRANSPORTATION CURRENT CONDITIONS Intensity of Current Zoning Typical development under current zoning would allow a maximum of 108 single-family dwelling units. PROPOSED ACCESS Primary Access Right-in, Right-out access onto Carolina Beach Road Secondary Access Right-in, Right-out access onto Carolina Beach at Manassas Drive S25-04 Staff Report – Board of Commissioners 10-6-2025 Page 9 of 22 EXISTING ROADWAY CHARACTERISTICS Affected Roadway Carolina Beach Road Type of Roadway State Highway Roadway Planning Capacity (AADT) 41,369 Latest Traffic Volume (AADT) - 2023 45,500 Latest WMPO Point-in-Time Count (DT) 47,645 Current Level of Congestion Above Capacity Sources Source of Planning Capacity: WMPO Source of Latest Traffic Volume: 2023 Source of WMPO Point-in-Time Count: South of Sanders Road, July 1, 2024 NEARBY NCDOT STIP ROADWAY PROJECTS U-5702B- S. College Rd. Improvements (2025 Right-of-way acquisition and utilities) - Access management and travel time improvements along College Road between Shipyard Boulevard and Carolina Beach Road U-5790 – Monkey Junction Intersection and Roadway Improvements (2029 Right-of-way acquisition and utilities) - Project to convert the intersection of Carolina Beach Road and College Road to a continuous flow intersection. - The project includes widening Carolina Beach Road south of the intersection of Sanders Road. TRAFFIC GENERATION Traffic Generation by Present Designation Traffic Generated by Proposed Project Potential Impact of Proposed Project AM Peak Hour Trips 81 146 +65 PM Peak Hour Trips 108 171 +63 Assumptions Typical Development with Existing Zoning – 108 single family dwelling units. Proposed Development – 291 dwelling units. Sources Source of Trip Generation: ITE Trip Generation Manual, 11th ed S25-04 Staff Report – Board of Commissioners 10-6-2025 Page 10 of 22 TRAFFIC IMPACT ANALYSIS (TIA) The site’s projected traffic exceeds the 100 peak-hour trips that triggers the ordinance requirement for a Traffic Impact Analysis (TIA). A TIA for a more intensive development was approved in 2022. For the current proposal of 291 units, the applicant’s traffic engineers submitted traffic generation information to NCDOT, WMPO, and County Planning staff, confirming it remained within the parameters of the 2022 TIA and the majority of the required improvements have been installed in previous sections of Tarin Woods. As a result, no additional improvements were required. Approval Date July 27, 2022 Revised Approval Date August 27, 2025 Development Proposal Analyzed 125 Detached Single-Family Dwellings and 241 Attached Single- Family Dwellings Study Intersections - US 421 (Carolina Beach Road) at southbound to northbound U-Turn near Rosa Parks Lane - US 421 (Carolina Beach Road) at Sanders Road - US 421 (Carolina Beach Road) at Beau Rivage Marketplace driveway (Harris Teeter) - US 421 (Carolina Beach Road) at Manassas Drive/Sharks Eye Lane - Manassas Drive at Shiloh Drive - Myrtle Grove Road at Lt. Congleton Road - US 421 (Carolina Beach Road) and site access north of Rosa Parks – RI/RO - US 421 (Carolina Beach Road) and site access south of Tregembo Animal Park – egress only Trip Generation - 204 AM peak hour trips - 255 PM peak hour trips - 3,058 average daily trips Traffic Data Collection - September 2, 2021 (US 421 at Sanders Road) and December 9, 2021 Trip Distribution and Assignment - 65% to and from the north on US 421 - 20% to and from the south on US 421 - 5% to and from the west on Sanders Road - 5% to and from the west on Beau Rivage Marketplace Driveway - 5% to and from the north on Myrtle Grove Road S25-04 Staff Report – Board of Commissioners 10-6-2025 Page 11 of 22 Approved Developments & Background Growth - Tarin Woods II Development (215 single family detached housing) - Planned Roadway/Intersection Improvements o Manassas Drive dual right turn lanes o Beau Rivage Marketplace (Harris Teeter) leftover - Full Build – 2026 - Growth Rate – 1% per year Required Improvements Phase 1A – Build year of 2023 for 125 single family detached dwelling units - No improvements required Phase 1B – Build year of 2024 for 125 single family attached dwelling units - Extend southbound U-turn land on Carolina Beach Road south of Rosa Parks Lane to provide 500 feet of storage, 50 feet of full width deceleration and 100 feet of taper and optimize signal timings - Construct the new proposed site access to Carolina Beach Road with an internal protected stem of 175 feet measured from the right-of-way line with right-in/right- out ingress and egress lanes and stop controls on the westbound approach. - Construct a northbound right turn lane on Carolina Beach Road from the U-turn bulb south of the proposed access Phase 2 – Build year of 2026 for 116 single family attached dwelling units - Construct a future third access into the site meeting NCDOT roadway standards SUMMARY The proposed project lies north of the Tarin Woods subdivision and includes a new collector road extending from the existing neighborhood to a new northern right-in, right-out access on Carolina Beach Road. A condition limits access to the unimproved Rosa Parks Drive until an agreement is reached with its adjoining property owners. A TIA approved in 2022 for the Tarin Woods development was confirmed by the WMPO and NCDOT to be consistent with the proposed project and noted that most required improvements were completed in earlier phases of Tarin Woods. S25-04 Staff Report – Board of Commissioners 10-6-2025 Page 12 of 22 ENVIRONMENTAL • The property is not within a Natural Heritage Area or the Special Flood Hazard Area. • The property is within the Mott Creek and Everette Creek watersheds. • Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class I (Suitable), Class III (Severe Limitation), and Class IV (Unsuitable) soils; however, the project is expected to be served by CFPUA water and sewer if developed. • The conservation resource map indicates pocosin wetlands on the property however they are not underlaid with Class IV soils which triggers additional development standards. OTHER CONSIDERATIONS Schools PUBLIC SCHOOL ENROLLMENT ZONES Elementary School Bellamy Elementary 2024-2025 Capacity 104% Middle School Myrtle Grove Middle 2024-2025 Capacity 80% High School Ashley High 2024-2025 Capacity 99.7% STUDENT GENERATION RATES (SGRs) Overall SGR (24-25) 0.19 public school students per residential unit Elementary School SGR (24-25) 0.08 public school students per residential unit Middle School SGR (24-25) 0.04 public school students per residential unit High School SGR (24-25) 0.07 public school students per residential unit Local Area SGR (24-25) 0.09 - Higher than the County-Wide Generation Rate SGR Trend (20-21 to 24-25) Decrease of 0.05 public school students per residential unit POTENTIAL PROJECT STUDENT IMPACT Intensity of Current Zoning: Typical Development under current zoning would allow a maximum of 108 residential units. S25-04 Staff Report – Board of Commissioners 10-6-2025 Page 13 of 22 Context and Compatibility • The property is located between existing properties zoned and used for commercial purposes along Carolina Beach Road and the existing Tarin Woods Subdivision, a lower density single - family residential development. • The proposed multi-family and attached housing type increases housing type diversity in the area and acts as an appropriate transition between the Carolina Beach Road corridor and the existing lower density residential development to the south and east. • The property is located south of the Village at Myrtle Grove shopping center and Monkey Junction commercial node providing services, amenities, and educational and employment opportunities. • Hanover Pines Park is south of the proposed project and accessible by bicycle, pedestrian, and passenger vehicles without needing to access Carolina Beach Road. • Most of the surrounding land is either single-family developments or commercial uses intended to serve the surrounding homes. Proposed Development: 291 residential units Students Generated by Current Zoning Students Generated by Proposed Project Potential Impact of Proposed Project Elementary School 9 23 +14 Middle School 4 12 +8 High School 8 20 +12 TOTAL 21 55 +34 Sources 2024-2025 NHC Student Yield Analysis SUMMARY The proposed project is anticipated to be built out within five years, and currently, the elementary school that serves the area is over capacity and the high school is nearing capacity. There are private schools in the area such as Coastal Christian north of the development. S25-04 Staff Report – Board of Commissioners 10-6-2025 Page 14 of 22 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 c ommunity. 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 General Residential and Urban Mixed Use Because of the general nature of place type borders, sites located in proximity to the boundaries between place types could be appropriately developed with either place type, allowing site-specific features and evolving development patterns in the surrounding area to be considered. Place Type Description General Residential: Focuses on lower-density housing and associated civic and commercial services. Typically, housing is single -family or duplexes. Commercial uses should be limited to strategically located office and retail spaces, while recreation and school facilities are encouraged throughout. Types of uses include single-family residential, low density multi-family residential, light commercial, civic, and recreational. Urban Mixed Use: Promotes 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. S25-04 Staff Report – Board of Commissioners 10-6-2025 Page 15 of 22 Analysis The 2016 Comprehensive Plan classifies the majority of the property as General Residential, which encourages single family and duplex residential development at a maximum density of 8 dwelling units per acre. The Urban Mixed Use place type promotes 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 and identifies Monkey Junction as an appropriate area for higher density development. The requirements for an Additional Dwelling Allowance require a project to be 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. Proposed Conditions Applicant Proposed Conditions: (additional conditions may be added that will bring the proposal in line with the required conclusions) 1. Existing trees shall be retained, or another appropriate traffic prevention measure shall be established at the eastern terminus of Rosa Parks Lane to prevent vehicular ingress and egress until such time a written agreement is reached to provide connectivi ty. An access easement shall be recorded on the final plat from the edge of pavement to the property line with Rosa Parks Lane to ensure the possibility of future access. 2. Dwelling types approved with this application may be reconfigured on the site and such changes may be approved by staff without the requirement for a modification to the permit so long as the changes do not substantially change the approved site design or exceed the approved unit count or density. 3. A homeowners association meeting the following requirements shall be established prior to the conveyance of the first lot. a. 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 homeowner association covenants, conditions, and restrictions; b. Responsibilities for maintenance of private streets, open space, recreation facilities, and other common areas shall be specified, including the ongoing maintenance of the pervious concrete; c. Responsibilities for exterior maintenance of attached dwelling units shall be specified; and d. The Association shall be authorized to rebuild damaged or destroyed portions of structures containing attached dwelling units when the individual owner fails to do so. S25-04 Staff Report – Board of Commissioners 10-6-2025 Page 16 of 22 EXAMPLE MOTION 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)): ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ b. That the use meets all required condition and specifications (for the following reason(s)): ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ S25-04 Staff Report – Board of Commissioners 10-6-2025 Page 17 of 22 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)): ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ 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 Findings of Fact Presented to Date A. CFPUA water and sewer are available through mainline extensions. Project proposes to connect to public water and sewer. B. The subject property is located in the New Hanover County Southern Fire Service District. C. The project includes a new access road with right-in, right-out access onto Carolina Beach Road and a condition restricting access to Rosa Parks Drive unless the application reaches an access agreement with the other residents of Rosa Parks Drive. The proj ect does not include a road stub to the Coastal Christian property to the north of the site. D. The AADT Planning Capacity for Carolina Beach Road is 41,369 trips and the AADT Latest Traffic Volume is 45,500 trips indicating the highway is currently above capacity. E. The site’s projected traffic exceeds the 100 peak-hour trips that triggers the ordinance requirement for a Traffic Impact Analysis (TIA). A TIA for a more intensive development was approved in 2022. For the current proposal of 291 units, the applicant’s traffi c engineers submitted traffic generation information to NCDOT, WMPO, and County Planning staff, S25-04 Staff Report – Board of Commissioners 10-6-2025 Page 18 of 22 confirming it remained within the parameters of the 2022 TIA and the majority of the required improvements have been installed in previous sections of Tarin Woods. As a result, no additional improvements were required. F. The county park Hanover Pines is south of the proposed project. G. The conservation resource map indicates pocosin wetlands on the property however they are not underlaid with Class IV soils which triggers additional development standards. 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 3.2.8.D states the maximum building height in the R-15 district is 40 feet. The maximum building height may go up to 44 feet for structures elevated on open foundations consisting of piers, posts, columns or piles. The concept plan states all structures shall have a maximum allowed height of 40 feet. C. 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 water bodies or open space from prior residential development and is not in a PD distric t. D. 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 project consists of eight parcels totaling 43.10 acres. The applicant is proposing 291 units for a density factor of 6.75 dwelling units per acre which is below the maximum allowed for an Additional Dwelling Allowance in the R -15 district. E. 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. F. 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. Approximately 13.1 acres of the project area are within the Urban Mixed Use place type. The remaining approximately 30 acres is adjacent to the Urban Mixed Use place type. G. 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 S25-04 Staff Report – Board of Commissioners 10-6-2025 Page 19 of 22 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. A new private road designed to the County’s minimum standards for a collector road is proposed to Carolina Beach Road. H. 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. I. 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 43.10 acres is 15.08 acres of required open space. The proposed development provides 15.11 acres of open space. J. 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 43.10 acres is 17.24 acres. The concept plan shows a maximum impervious surface of 17.24 acres and an additional 3.68 acres of pervious concrete. K. 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. L. 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 maximum building height in the R-15 district is 40 feet. The concept plan shows setbacks over 40 feet where dwellings are adjacent to single-family development. M. 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. N. 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. O. 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. P. 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. Q. 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 sewer through the CFPUA permitting process. S25-04 Staff Report – Board of Commissioners 10-6-2025 Page 20 of 22 R. 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. S. 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. T. Section 3.1.3.E.7.c states responsibilities for exterior maintenance of attached dwelling units shall be specified. The developer has included a condition stating the restrictive covenants shall include provisions for the exterior maintenance of attached dwellings. 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.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. V. 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. W. 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. X. 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. Y. 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 b y 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. Z. Section 5.1.4.A.3 states the use of pervious or semi -pervious parking lot surfacing materials, including, but not limited to pervious asphalt and concrete, open joint pavers, and reinforced grass / grave/ shell grids may be approved for off-street parking and loading areas, provided such surfacing is subject to an on-going maintenance program (e.g., sweeping, annual vacuuming). Any pervious or semi-pervious surfacing used for aisles within or driveways to parking and loading areas shall be certified as capable of accommodating anticipated traffic S25-04 Staff Report – Board of Commissioners 10-6-2025 Page 21 of 22 loading stresses and maintenance impacts. The concept plan includes 3.68 acres of pervious surface. Provisions for the on-going maintenance of the pervious surface 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. 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 with some roadway infrastructure improvements located between existing properties zoned and used for commercial purposes along Carolina Beach Road to the west, lower density single-family residential development to the east, the existing Tarin Woods Subdivision to the south, and a private school and church to the north. B. Land uses in the immediate vicinity of the subject site are single family residential, duplexes, and mixed commercial along Carolina Beach Road. C. No evidence has been submitted regarding the impact this project will have on the adjoining or abutting property. D. No contradictory evidence has been submitted that this project will 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 Us e 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 with some roadway infrastructure improvements. B. No known cultural or archaeological resources are identified on site. C. The 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 approximately 30 acres of the project area as General Residential, which encourages single family and duplex residential development at a maximum density of eight dwelling units per acre. At eight dwelling units per acre on a 30- acre project area, the Comprehensive Plan recommends a maximum of 240 dwelling units. F. The 2016 Comprehensive Plan classifies approximately 13.1 acres of the project area as Urban Mixed Use which promotes multi-family and higher density single-family development to S25-04 Staff Report – Board of Commissioners 10-6-2025 Page 22 of 22 provide a range of housing types, opportunities, and choices. The Urban Mixed Use place type does not recommend a maximum density and identifies Monkey Junction as an appropriate area for higher density development. The requirements for an Additional Dwell ing Allowance require a project to be 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. 13.1 acres of the proposed project is within the Urban Mixed Use place type. The remaining 30-acre portion of the project is contiguous to the Urban Mixed Use place type. G. Because of the general nature of place type borders, sites located in proximity to the boundaries between place types could be appropriately developed with either place type, allowing site-specific features and evolving development patterns in the surrounding area to be considered. The proposed project includes portions in both the General Residential and the Urban Mixed Use place types.