Agenda Item Summary Sheet
Item No: 12
Meeting Date: August 3, 2011
Item Title: Public Hearing and possible consideration of a motion to adopt Zoning Ordinance amendments to Town Code Section 48-442, SED-80 Special Environmental District
Item Summary: The proposed zoning ordinance text amendment, initiated by the Board of Commissioners and incorporating comments from the Planning Board would eliminate commercial activity within the SED-80 District, clarify definitions, change the allowance for residential clusters and provide language for on-site fire protection measures in lieu of connectivity to the Town water system. (Note: The Board must also consider and take formal action on Crouse Gray’s text amendment request under Old Business).
Staff Recommendation: Planning staff supports this zoning ordinance text amendment as presented in that it incorporates, to some degree the Planning Board, Board of Commissioners and Attorney Crouse Gray’s desires as to regulations within the SED-80 Special Environmental District and is consistent with the goals and policies of the Land Use Plan.
Planning Board Recommendation: At their July 19, 2011 meeting the Planning Board voted 5-1 to recommend adoption of the proposed zoning ordinance text amendment as presented.
Number of Attachments: 3
Specific Action Requested:
Public Hearing and possible adoption of a zoning ordinance text amendment.
Submitted By: Planning and Development Date: July 21, 2011
Finance Officer Comment:
Insufficient information to determine precise fiscal impact.
Signature: Kim Kenny Date: July 26, 2011
Town Attorney Comment:
I will comment at the Board meeting as necessary.
Signature: John Leidy Date: July 26, 2011
Town Manager Comment:
I concur with staff.
Signature: Cliff Ogburn Date: July 26, 2011
STAFF REPORT
TO: Board of Commissioners
FROM: Kelly Wyatt, Zoning Administrator
Elizabeth Teague, Planning Director
DATE: July 21, 2011
SUBJECT: Text amendment to Code Sec. 48-442, SED-80 Special Environmental District.
SUBJECT OR MOTION(S):
1. Motions to Open and Close the Public Hearing.
2. Motion to adopt text amendments to Town Code Section 48-442, SED-80 Special Environmental District Zoning Ordinance as recommended by Planning Board and staff (or with additional specified changes).
3. Motion to recommend adoption of a Statement of Consistency.
BACKGROUND:
At their February 16, 2011 meeting the Board of Commissioners requested that Planning Staff draft a zoning ordinance text amendment to Town Code Section 48-442, SED-80 Special Environmental District. At their April 20, 2011 mid-month meeting, the Commissioners heard and tabled a zoning ordinance text amendment submitted by Attorney Crouse Gray, Jr. on behalf of Paul Shaver Trustee, which would eliminate Boarding Homes and Residential Cluster Housing as uses permitted within the SED-80 District.
At the May 17 and June 21, 2011, Planning Board Meetings, staff sought input from the Planning Board regarding changes to SED-80, and several additional concerns have been considered (beyond just what Mr. Gray’s amendments suggested). At the June Planning Board meeting, the Deel’s, whose conditional use permit had prompted much of the discussion regarding amendments to SED-80, were at the June meeting and commented regarding stormwater run-off, the provisions for cluster housing, and fire protection.
The attached draft responds to input from these meetings to address the following items:
- Modify Town Code Section 48-442(b)(6), Intent, to remove the language concerning use compatibility with the ecological carrying capacity of the area. Removing this language further restricts development within the SED-80 District, prohibiting commercial and industrial use of the land.
- Delete the definition for “Surficial Groundwater”. The definition itself is difficult to interpret, and, furthermore, this term is not actually used anywhere within the Town Code, including the SED-80 District.
- Provide a definition for “Dry Hydrant”, “Dry Well”,” Environmental Awareness Area” and “Wetland”. The definition for “Dry Hydrant” was requested by the Board of Commissioners and provided by Fire Chief, Kevin Zorc. Planning Board members requested further clarification of “Environmental Awareness Area” and “Wetland” as it appears it in this ordinance.
- Delete storage buildings as a stand-alone principal use permitted within this district. Storage buildings are consistently considered accessory uses, permitted only in conjunction with a principal use in all other districts. The Planning Board did express interest in continuing to allow the construction of private docks as a principal use.
- Delete “Boardinghouse” as a permitted use within the district as requested by both Attorney Crouse Gray and the Board of Commissioners.
- Amend “Residential Cluster Housing” to allow no more than three single-family dwelling units with a graduated scale for the number of units versus the total number of allowable bedrooms.
- “Medical Offices”, “Nursing Homes”, and “Convalescent Homes” will remain permitted by conditional use within the SED-80 District. The Planning Board recommended allowing staff housing and rehabilitation facilities as an accessory to these uses.
- Modify Town Code Section 44-63, Exceptions to connection to Town water system, to clarify that a lot must be located at least 500 from a Town maintained water main, and adds additional language requiring that a fire protection plan be reviewed and approved by the Fire Chief.
In adopting any version of text amendment, the Board of Commissioners must also adopt a Statement of Consistency with the Land Use Plan.
STAFF RECOMMENDATION:
Staff recommends adoption of the revised text amendment developed from past Planning Board meetings and the attached Consistency Statement. Staff recommends denial of Mr. Gray’s text amendment request in favor of the more developed draft. Staff also appreciates the Planning Board’s approach to managing the issue of density relative to cluster housing as a thoughtful approach taken to achieve “middle-ground” in this proposed draft.
Crouse Gray and the Commissioners (at first) asked to remove the use “Residential Cluster Housing” from the SED-80 District altogether, but subsequent comments expressed interest in allowing two (2) single family dwellings on large, existing parcels. Public concern regarding the Deel proposal, revealed concern about traffic and other impacts generated by the number of people new development could accommodate. The Deel’s have submitted that their proposal would not create anymore density or impact than what is already allowed. The Planning Board considered the various positions and impact relative to density, and how a cluster development may or may not change the character of the existing district – for example, stormwater run-off, water use, traffic generated, and fire risk of what is being proposed compared to what is already in existence or allowed under current regulations, and came up with a creative solution.
PLANNING BOARD RECOMMENDATION:
In SED-80, the maximum density is an 8 bedroom house (the maximum for a single family home) per 80,000 square feet (the minimum lot size, or 1.8 acres). So the density of any new development in SED-80 under current rules cannot exceed 1 unit or 8 bedrooms per 1.8 acres or 80,000 s.f. – 1 bedroom for every 10,000 s.f. of lot area. Therefore, three single family homes could be built on three separate lots totaling 240,000 s.f. Wanting to stay below this maximum density, the Planning Board’s recommendation is to amend the Ordinance from four to three allowable dwellings within a cluster development. Also, that a Cluster housing approach should reduce the number of bedrooms as the number of units is increased in order to mitigate impact and public safety concerns connected with density in SED-80:
Dwelling Type Min Lot Size Max # of Bedrooms Density (bedrms/s.f.)
1 single family 80,000 s.f. 8 1/10,000
2 cluster houses 160,000 s.f. 12 1/13,333
3 cluster houses 240,000 s.f. 14 1/17,143
The Planning Board also supported the definition and fire protection changes put forward by staff.
ATTACHMENTS:
A. Draft Ordinance with revisions from past discussions
B. Text Amendment request from Crouse Gray
C. Draft Statement of Consistency
AN ORDINANCE AMENDING THE CODE OF ORDINANCES
OF THE TOWN OF NAGS HEAD, NORTH CAROLINA
BE IT ORDAINED by the Board of Commissioners of the Town of Nags Head, North Carolina, that the Code of Ordinances shall be amended as follows:
PART I. That Section 48-442(b)(6), Intent of the SED-80, Special Environmental District, be amended as follows:
(6) Prohibit commercial and industrial use of the land and any other use not compatible with the ecological carrying capacity of the area except as provided in this section.
PART II. That Section 48-442(c), Definitions, be amended as follows:
Surficial groundwater means groundwater stored between the geographical surface and the first confining impermeable subsurface strata.
Dry Hydrant means an arrangement of pipe permanently connected to a water source other than a piped, pressurized water supply system that provides a ready means of water supply for fire-fighting purposes and that utilizes the drafting (suction) capability of the fire department pump. (NFPA 1142: Standard on Water Supplies for Suburban and Rural Fire Fighting, 2007 Edition, 3.3.5)
Dry well means a structure or series of structures located to collect and discharge stormwater through a subterranean chamber which allows collected water to dissipate and infiltrate into the ground.
Environmental Awareness Area is an area designated and maintained for the purpose of conservation and environmental education, and which may include interpretive signage, trails, research stations and appurtenant office, restroom and mechanical facilities (and is distinct from the definition of “Area of Environmental Concern” or “AEC” which is a CAMA designation).
And that Section 48-7 Definitions of Terms, be amended to include the definition for wetlands from Federal Regulations (40 CFR 230.3(t)) and EMC Rules (15A NCAC 2B.0202(71)):
Wetlands are areas that are inundated or saturated by an accumulation of surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions.”
PART III. That Section 48-442(d), Permitted Uses within the SED-80, Special Environmental District, be amended as follows:
(1) Detached single-family dwellings, each on its own individual lot.
(a) Single-family dwellings containing five or more bedrooms shall be subject to the applicable requirements specified in section 48-370.
(b) Single-family dwellings shall not contain more than 8 bedrooms.
(2) Watershed conservation areas.
(3) Nonprofit wildlife and ecological preserves.
(4) Hiking trails.
(5) Municipal estuarine access facilities.
(6) Private docks as permitted by CAMA and storage buildings not to exceed 300 square feet.
(7) Estuarine bulkheads.
(8) Accessory uses and structures limited to private swimming pool, private tennis court, detached garage, storage building, roof top wind energy facilities and private dock. Any accessory use or structure shall meet the front, rear and side setbacks required for principal structures, except for water-dependent structures, which may be excluded from water-side setback only.
(9) Boardinghouse, subject to other requirements of this chapter and provided that the following conditions are met:
a. Boardinghouses may not exceed two rooms, which are intended to be rented.
b. Occupancy by tenants shall not exceed more than two persons per bedroom and shall be for durations of generally greater than one week.
c. Individual rooms shall not contain independent cooking facilities this howevershall not prohibit the serving of meals to tenants or the use of a single kitchen by tenants.
d. Boardinghouses shall be owner occupied and serve as the primary residence of the owner.
(10)(9) Large residential dwellings, subject to other requirements of this chapter and provided that all the conditions are met specified in section 48-370.
PART IV. That Section 48-442(e), Conditional uses within the SED-80, Special Environmental District, be amended as follows:
(1) Residential cluster housing, subject to other requirements of this chapter and provided that the following conditions are met:
(a) Residential clusters shall be on single parcels of which at least 50 percent of the parcel is net buildable land.
(b) No unit in a residential cluster shall be located within 50 feet of a property line.
(c) Residential clusters shall be limited to a maximum of four three dwelling units per lot. The number of bedrooms and land area of required uplands shall conform to the density below table:
No. of Residential Units / No. of Bedrooms Allowed / Area of Upland Required1 / 8 / 80,000
2 / 12 / 160,000
3 / 14 / 240,000
(d) Area requirements for residential clusters shall be 80,000 square feet of lot per unit single-family dwelling on site.
(e) The minimum separation between detached units in a cluster shall be 20 feet.
(f) Under no circumstance shall any one single family dwelling unit contain more than 8 bedrooms.
(2) Cemeteries, subject to other requirements of this chapter and provided that the following conditions are met:
a. All cemeteries shall have perpetual care.
b. All graves or burial plots shall be set back not less than 30 feet from any public right-of-way and be not less than 50 feet from any lot line.
c. When a cemetery abuts a residential use, a 25-foot-wide undisturbed area of natural vegetation shall buffer the cemetery from the residential development.
d. The site shall be approved by all necessary regulatory agencies including, but not limited to, the county department of environmental health and the state cemetery commission.
(3) Environmental awareness areas of low-intensity use, subject to other requirements of this chapter and provided that the following conditions are met:
a. When an environmental awareness area abuts a residential use, a 25-foot-wide undisturbed area of natural vegetation shall buffer the environmental awareness area from the residential development.
b. Lighting shall be prohibited.
(4) Municipal government passive recreational uses, specifically excluding motorized recreational activities, horse stables and riding trails, lighted ball fields, amusement parks, miniature golf courses, race and go-cart tracks, theaters of all kinds and similar uses which would tend to create a high concentration of activity and associated light, noise, dust, stormwater runoff, erosion, vegetation damage, or which would cause other similar adverse environmental effects, subject to other requirements of this chapter and provided that the following conditions are met:
a. When a passive recreational use abuts a residential use, a 25-foot-wide undisturbed area of natural vegetation shall buffer the passive recreational use from the residential development.
b. Lighting shall be prohibited except for minimum lighting that may be required for security purposes and shall be in accordance with article IX of this chapter.