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HomeMy WebLinkAboutTA25-05 - Public Comment Draft & Summary SheetUnified Development Ordinance (UDO) Maintenance Amendment – NHC Destination 2050 Implementation & Updates Code Sections Affected Section 2.3, Definitions and Terms Section 3.1.3, Superseding Dimensional Standards Section 3.3.5, Riverfront Mixed Use (RFMU) Planned Development District Section 4.3.2, Residential Uses Section 5.2, Traffic, Access, and Connectivity Section 5.6, Signs Section 10.2.4, Application Submittal and Acceptance Section 10.2.10, Post-Decision Limitations and Actions Key Intent This amendment is a companion to the NHC Destination 2050 Comprehensive Plan update and includes provisions that update references to Comprehensive Plan place types as well as discrete updates that will begin the plan implementation process. In addition, the amendment incorporates recent changes to state statutes and corrects an unintended provision included in the recent sign standards ordinance amendment. Changes •Proposed changes to place types in NHC Destination 2050 would impact the application of companion standards in the UDO in ways not allowed under current state law. Draft provisions remove affected standards that limit density based on place type. Removed provisions currently apply only to uses that require Board of Commissioner approval. (See Section 3.1, Superseding Dimensional Standards and Section 4.3.2, Residential Uses) •The amendment proposes designating the Riverfront Mixed Use (RFMU) zoning district as a legacy district. This district, applicable only to the County’s western bank, requires a mix of uses that are not supported by the current or proposed plan. Property owners would not be able to apply for new RFMU zoning designations, but existing RFMU zoning would not be impacted. (See Section 3.3.5, Riverfront Mixed Use (RFMU) Planned Development District) •NHC Destination 2050 seeks to encourage master planned developments (MPDs) on large parcels, but some current provisions could unintentionally discourage these types of projects. Requirements for the extensive traffic impact analysis (TIA) review process prior to rezoning application have been identified as a potential barrier and potentially less informative for projects, like large MPDs, that will develop over many years. The draft amendment proposes allowing a transportation network plan at the rezoning application phase for Planned Development districts as long as the requirements for subsequent TIA(s) are outlined in the rezoning terms and conditions. (See Section 5.2, Traffic, Access, and Connectivity and Transportation Network Plan Submittal Requirements) •The NC General Statutes that authorize local regulation of development continue to evolve as new state laws are passed. The proposed draft updates provisions related to down-zonings and the filing of new applications after denials so that the ordinance is consistent with Session Laws 2024-57 and 2025-94. (See Section 2.3, Definitions and Terms; Section 10.2.4, Application Submittal and Acceptance; and Section 10.2.10, Post-Decision Limitations and Actions) •After the adoption of UDO text amendment TA25-04 in November, staff identified a provision that conflicted with other standards and the intent of provisions as described in the staff report for the amendment. The draft amendment proposes striking the conflicting statement so it is clear that off-premises outdoor advertising signs can use electronic changeable copy (digital components) but must meet all applicable standards. (See Section 5.6, Signs) 2025-12 Destination 2050 Implementation Amendment – Public Comment Draft Article 2: Measurements and Definitions Section 2.3 Definitions and Terms Down-Zoning A text or map amendment that affects an area of land in one of the following ways: (1) By decreasing the development density of the land to be less dense than was allowed under its previous usage. (2) By reducing the permitted uses of the land that are specified in this ordinance to fewer uses than were allowed under its previous usage. (3) By creating any type of nonconformity on land not in a residential zoning district, including a nonconforming use, nonconforming lot, nonconforming structure, nonconforming improvement, or nonconforming site element. Article 3: Zoning Districts Section 3.1 General 3.1.3. Superseding Dimensional Standards E. Additional Dwelling Allowances 2. Location and Access a. 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. Section 3.3 Mixed Use Zoning Districts 3.3.5. Riverfront Mixed Use (RFMU) Planned Development District B. Use Standards As of February 2, 2026, no new RFMU district shall be added to the Official Zoning Map, nor may any boundary of an existing RFMU district be modified. Any property zoned RFMU prior to February 2, 2026 exists as part of the Official Zoning Map and shall conform to the standards of this ordinance. 2025-12 Destination 2050 Implementation Amendment – Public Comment Draft Article 4: Uses and Use-Specific Standards Section 4.3 Standards for Specified Principal Uses 4.3.2. Residential Uses A. Household Living 12. Mobile Home Park Mobile home parks shall comply with the following standards: a. General Standards 1. Density shall not exceed 2.5 units per acre outside of areas designated as Employment Center, Urban Mixed Use, or Community Mixed Use in the County’s Comprehensive Plan. Article 5: General Development Standards Section 5.2 Traffic, Access, and Connectivity 5.2.4 Traffic Impact Analysis Worksheet A. Unless exempted below, wWhere an application indicates estimated traffic generation of 100 or more peak hour trips according to the most current edition of the Institute of Transportation Engineers (ITE) Trip Generation Manual, the application shall be required to provide a Traffic Impact Analysis (TIA) in accordance with the standards, practices, and policies of the North Carolina Department of Transportation (NCDOT) and the Wilmington Urban Area Metropolitan Planning Organization (WMPO). 1. A TIA shall not be required for applications for requests to rezone to a General Planned Development (PD) district for properties greater than 25 acres in size when the applicant submits a transportation network plan prepared by a professional traffic engineer that complies with published administrative requirements, as approved by the New Hanover County Board of Commissioners, with subsequent amendments approved by the County Manager. In such cases, the Terms and Conditions component of the rezoning request must include the proposed phasing and establish when TIAs will be required during the development process. B. If a TIA is required to be submitted, the applicant or the applicant’s consulting engineer shall follow all scoping, submittal, review, approval, and appeal procedures promulgated by the NCDOT and WMPO. C. Nothing in this section may be construed to exempt an applicant from obtaining other applicable approvals from the NCDOT, including but not limited to a NCDOT Driveway Permit. 2025-12 Destination 2050 Implementation Amendment – Public Comment Draft Section 5.6 Signs C. Additional Sign Regulations 1. Off-Premises Outdoor Advertising Signs e. Other Standards 2. All off-premises outdoor advertising sign illumination devices shall be in conformance with all state and local codes regarding illuminations. If the sign is illuminated, the light source shall be external to the sign itself. Electronic changeable copy shall be prohibited only be allowed in accordance with the provisions of Section 5.6.2.G: Changeable Copy. Article 10: Administrative Procedures 10.2.4. Application Submittal and Acceptance A. Authority to File Applications 2. Application for text amendments and general use zoning map amendments may be submitted by any person, organization, or interested party, including the Board of Commissioners, the Planning Board, or County staff except that no text zoning regulation amendment or general use zoning map amendment that down-zones property, as defined by this ordinance, shall be initiated or considered without the written consent of all property owners whose property is the subject of the down-zoning amendment, unless the amendment is initiated by the County and allowed by state law. 10.2.10. Post-Decision Limitations and Actions F. Limitation on Subsequent Similar Applications 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 the denial unless the Planning Director determines that: 1. There has been a 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; 2. 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; 3. The new application proposed to be submitted is materially different from the prior application; or 4. The final decision on the prior application was based on material mistake of fact. 2025-12 Destination 2050 Implementation Amendment Transportation Network Plan Submittal Requirements – Public Comment Draft Transportation Network Plan As allowed by Section 5.2 of the Unified Development Ordinance, applicants for a Planned Development district rezoning for over 25 acres may submit a Transportation Network Plan in place of a Traffic Impact Analysis (TIA), subject to the following requirements. Planned Developments approved with a Transportation Network Plan must still have a TIA reviewed and approved by NCDOT and the WMPO as part of the Technical Review Committee (TRC) review process. Submittal Requirements • A graphic plan prepared by a professional traffic engineer showing: o Proposed access points, driveway and intersection spacing, internal road layout of collector and connector roads, and proximity to nearby state and federal routes. o Existing easements. o Distance to roads, driveways, signals, railways, or crossovers within 500 feet of the project boundary. o Proposed right-of-way widths and sight-distance areas. o Width and functional classification of existing adjacent roads. o Width, radii, and lane use of existing and proposed roads or driveways. o Locations of existing and proposed sidewalks, crosswalks, multimodal intersections, railroads, bus stops, greenways, trails, and similar facilities. o Roads that are intended to be dedicated for public use and/or maintenance. o Roads that will include street trees. o On-street parking areas, internal drives, routing for trucks and service vehicles, traffic control devices internal to the site, and emergency vehicle access. • The AADT roadway planning capacity, latest traffic volume, and if available, the latest WMPO point-in-time traffic counts for adjacent public roadways within 500 feet of the project boundary. • The estimated daily and peak AM and PM trips at full buildout and anticipated buildout year. Estimated trips must be based on the most current ITE Trip Generation Manual. • Expected number of development phases, estimated daily and peak AM and PM trips for each phase, and anticipated buildout year for each phase (subject to adjustment as subsequent TIAs are reviewed and approved). • Any funded or committed transportation improvements listed in the STIP and any approved but incomplete or undeveloped projects within 0.5 miles of the project boundary. • Relevant local transportation planning documents. • Existing and proposed speed limits and enforcement method on proposed privately owned roads (±5 mph variation allowed). 2025-12 Destination 2050 Implementation Amendment Transportation Network Plan Submittal Requirements – Public Comment Draft Methodology A Transportation Network Plan should be based on the following methodology: 1. Estimate daily and peak-hour trips for each phase and at full buildout. 2. Model internal trip distribution and movements toward each external direction (north, south, east, and west). 3. Identify the most heavily traveled corridors; these will serve as the primary collector roads and must meet collector-level design criteria. 4. Confirm that the number and spacing of collector and connector roads distributes traffic effectively and avoids overloading any single corridor.