(A) Conceptual Plan Review. It is the intent of the site analysis data and conceptual development plan process to provide an opportunity for public input and to provide the Board of Aldermen, UDO Administrator, Town Manager, the town staff, and other appropriate state and federal agencies the opportunity to review and evaluate the impact of a mixed use development proposal on the character of the area in which it is proposed to be located. This process is intended to take into consideration the general form of the land, density, and ratio of residential to commercial use before and after development as well as the spatial relationships of the proposed structures, open spaces, landscaped areas, and general access and circulation patterns as they relate to the proposed development and the surrounding area, as well as any other criteria deemed relevant by the Board of Aldermen.
(B) Applicability. The procedures for conceptual plan review shall apply only to mixed use commercial-residential projects as defined in Exhibit A.
(C) Procedures.
(1) Application Submittal Requirements. No application shall be accepted in which the proposed development exceeds the height limit of 40 feet. Applications for conceptual development plan review shall be submitted to the UDO Administrator on forms prescribed by the town.
(a) Forms shall include the name and address of the applicant, the name and address of the owner of each zoning lot involved, and the relationship of the applicant and property owner in connection with the plan.
(b) If the applicant or property owner is an entity other than an individual, the application shall also include the names and addresses of (i) all officers and shareholders of a corporation, (ii) all members and managers of a limited liability company, and (iii) all officers and members of an unincorporated association. If a corporation or limited liability company is a shareholder of a corporate applicant or a member of a limited liability company applicant, the same information for such shareholder or member corporation or limited liability company shall be provided.
(c) The application shall also include a statement of the development experience of the applicant as well as that of its officers and shareholders if a corporation, its members and managers if a limited liability company, and its officers and members if an unincorporated association.
(d) The conceptual review application shall be accompanied by a plan, which demonstrates a high quality of overall site design.
(e) The conceptual development plan application shall include a written statement which addresses the following:
(i) The relationship and balance among site elements;
(ii) The relationship of the development to natural features;
(iii) The relationship of the development to neighboring developments and undeveloped land; and
(iv) The application shall also describe access and circulation systems, retention of natural vegetation, alteration of natural topography, mitigation of erosion and sedimentation, mitigation of stormwater drainage and flooding, arrangement and orientation of buildings and amenities in relation to each other and to neighboring developments and streets, landscaping, preservation or enhancement of vistas, and mitigation of traffic impacts.
(f) The UDO Administrator shall prescribe any other material that may reasonably be required to determine compliance with this section, ordinances, and relationship to the town's comprehensive plan.
(g) No less than 15 copies of the requested materials shall be provided. More copies may be requested if required for necessary referrals and records.
(h) The application shall be accompanied by one set of plain letter-sized envelopes, stamped, unsealed, and addressed to property owners within a 300-foot radius of the proposed development, as shown on the New Hanover County tax listing, and bearing the return address of the town.
(i) The conceptual development plan application shall be submitted together with the fee as established from time to time by the Board of Aldermen.
(j) The UDO Administrator shall accept no conceptual development plan application unless it complies with such submittal requirements. Applications that are not complete shall be returned forthwith to the applicant, with a notation of the deficiencies in the applications.
(2) Time Frame for Action on Concept Plans. Upon receipt of a complete conceptual development plan application, the UDO Administrator shall forward all information submitted by the applicant for review to each town department and other local, state, or federal agencies as deemed necessary. The UDO Administrator shall forward the application to the Board of Aldermen for review and consideration within 30 days of receipt of a complete application.
(3) Public Notice of Conceptual Development Plan Review. Not less than ten days and not more than 25 days prior to the meeting at which the conceptual development plan will be reviewed by the Board of Aldermen, notification of such review shall be mailed by first class mail to all property owners within a 300-foot radius of the proposed development as shown on the New Hanover County tax listings. In addition, a sign announcing the date, time and location of all conceptual development plan review meetings shall be posted on the development site, and the public right-of-way adjacent to where cars enter and exit the town shall be posted not less than ten days prior to said meetings. The UDO Administrator or his or her designee shall mail the property notification and post the sites indicated above. The Town Clerk shall certify to the Planning Board and Board of Aldermen that the required notices have been mailed.
(4) Aspects of Review; Board of Aldermen Review.
(a) The Board of Aldermen, in examining conceptual development plan applications, shall consider the various aspects of design, with special emphasis on whether the proposed development is consistent with the goals and objectives of the town's comprehensive plans, the height requirements of this Ordinance, and the setback requirements of this Ordinance.
(b) The Board of Aldermen shall consider public comments and shall base its recommendation on its determination of whether or not the application conforms to applicable provisions of this section, including but not limited to the height, parking, and setback requirements, and the adopted comprehensive plans.
(c) The Board of Aldermen may appoint a subcommittee to review the conceptual development plan application. The Mayor shall determine the make-up of the subcommittee.
(d) After considering public comments and the recommendations of the UDO Administrator, Town Manager, the town staff, and other appropriate state and federal agencies, the Board of Aldermen shall adopt a resolution transmitting its preliminary recommendations to the applicant. Such resolution may reject, modify, or approve the conceptual plan in whole or in part. This resolution does not vest the applicant or property owner with any rights, other than the right to submit a formal development plan and request consideration of special use permit for mixed use development.
(D) Mixed Use Special Use Permit Application. After receipt of the conceptual plan resolution from the Board of Aldermen, the applicant may apply for a special use permit following the procedures set forth in Section 155.4.5. When reviewing the mixed use special use permit, the Planning Board and Board of Aldermen shall consider all standards and requirements set forth in Section 155.4.5 and the additional conditions set forth in subsection (E) below.
(E) Additional Special Use Permit Standards for Mixed Use Development. In addition to meeting the standards for a special use permit as set forth in Section 155.4.5, each mixed use development must meet the following additional conditions:
(1) That the proposed development provides open space in accordance with Section 155.2.10 (Open Space); including the proposed method for the maintenance and conservation of said open space.
(2) That all stages contained in the preliminary development plan can exist as a compatible and feasible independent development.
(3) That adequate measures have been or will be taken to provide ingress and egress designed so as to minimize traffic congestion in the public streets. This may include provisions for bicycling, walking, and other alternatives to the automobile. In addition, that adequate primary streets and thoroughfares are available to support traffic generated within the proposed mixed use development.
(4) That the public benefits derived from the proposed development justify the requested departure from the standard zoning district requirements.
(5) That important natural amenities, to include but not be limited to primary dunes as defined by the Coastal Area Management Act (CAMA), trees, vegetative buffers, and scenic views and vistas on the site and in the surrounding area of the proposed development are preserved.
(6) That the proposed development meets the spirit and intent of the adopted CAMA land use plan.
(7) That the proposed development meets all required parking standards unless such standards are reduced or an exception is granted to such standards in accordance with Article 155.9, Part I.
(F) Public Notice Requirement for Mixed Use Developments. Application for a mixed use special use permit ("MUSUP") shall be filed with the UDO Administrator or his or her designee on a form prescribed by the town. The application shall be accompanied by such plans and data prescribed by the UDO Administrator, four sets of plain letter-sized envelopes, stamped, unsealed, and addressed to property owners within a 300-foot radius of the proposed development as shown on the New Hanover County tax listing, and bearing the return address of the town, together with the fee as established from time to time by the Board of Aldermen. The applicant shall include a statement in writing, supported by adequate evidence, that the proposed MUSUP will conform to the standards set forth in Sections 155.4.5 and 155.7.7(E). Notice that the MUSUP will be considered shall be mailed by first class mail to all property owners within a 300-foot radius as shown on the New Hanover County tax listing at the last addresses listed for such property owners on the New Hanover County tax abstracts, not less than 14 days prior to the public hearings at which the application will be considered. In addition, the proposed development site and the public right-of-way adjacent to where cars enter and exit the town shall be posted with a sign announcing the date, time, and location of all Planning Board meetings and the Board of Aldermen meetings at which the application is to be considered not less than ten days prior to said meetings. The Town Clerk shall certify to the Planning Board and Board of Aldermen that the required notices have been mailed. The Planning Board, after its review of the application and supporting documents, shall send its written findings and recommendations to the Board of Aldermen for action.
(G) Certain Construction Within the Front Building Setback Allowed for Mixed Use Development. Notwithstanding anything in the town's ordinances to the contrary, in approving a mixed use special use permit pursuant to subsections (A) through (F), the Board of Aldermen may allow for the construction of (i) vertical public accesses ( e.g., stairwells, elevators) for means of ingress and egress, and (ii) vertical shaftways for elevator system components and fire protection systems within the established front building setback upon a finding by the Board of Aldermen that the proposed construction within the front setback:
(1) Does not materially impede vehicle, bicycle or pedestrian vision from any adjacent street or highway;
(2) Does not negatively impact any scenic views from properties adjacent to the mixed use development;
(3) Is not objected to by the town's Fire, Police, and Public Works Departments;
(4) Is offset by an equal amount of pervious green space within the building footprint of the mixed use development;
(5) Is located no nearer than 15 feet to the existing edge of any sidewalk or pavement on any street or highway, whichever is more restrictive;
(6) Is located no nearer than 20 feet to any corner of the mixed use building that is adjacent to a side property line; and
(7) Does not otherwise endanger the public health, safety or welfare.
(Ord. 1695, passed 11-8-12; Am. Ord. 1838, passed 3-10-22)