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2015-04 April 2 2015 PB Agenda PackageAGENDA NEW HANOVER COUNTY PLANNING BOARD New Hanover County Historic Courthouse 24 North Third Street, Room 301 Wilmington, NC New Hanover County Historic Courthouse EDWARD T. (TED) SHIPLEY III, CHAIRMAN - DONNA GIRARDOT, VICE-CHAIR LISA MESLER, BOARD MEMBER - TAMARA MURPHY, BOARD MEMBER ANTHONY PRINZ, BOARD MEMBER - THOMAS (JORDY) RAWL, BOARD MEMBER DAVID WEAVER, BOARD MEMBER CHRIS O'KEEFE, PLANNING & INSPECTIONS DIRECTOR - KENNETH VAFIER, PLANNING MGR. . APRIL 2, 2015 6:00 PM Call Meeting to Order (Chairman Ted Shipley) Pledge of Allegiance (Sam Burgess) Approval of March Meeting Minutes REGULAR ITEMS OF BUSINESS The Planning Board may consider substantial changes in these petitions as a result of objections, debate, and discussion at the meeting, including rezoning to other classifications. 1Public Hearing Item 1: Rezoning Request (Z-940, 4/15) – Request by Stephen Brock of Brock Ventures, Inc. on behalf of Lawrence Lawson Heirs to rezone 6.9 acres from (CZD) B-1, Business District, and R-15, Residential District, to (CUD) R-10, Conditional Use Residential Zoning District, to develop a high density development consisting of 80 units at 4713 Carolina Beach Road. The property is classified as Urban according to the 2006 CAMA Land Use Plan. 2Public Hearing Item 2: Zoning Ordinance Text Amendment (A-421, 4/15) - Request by Greg Heafner on behalf of Oxford House, Inc. to amend Section 23, Definitions, to define Disabled Persons and Group Homes and Section 50, Table of Permitted Uses, to permit the use by-right in the PD, R-20S, R-20, R-15, R-10, R-7, AR, and RA Zoning Districts. TECHNICAL REVIEW COMMITTEE REPORT 1Technical Review Committee Report For March 2015 (Sam Burgess) OTHER ITEMS 1Other Business Planning Board - April 2, 2015 NEW HANOVER COUNTY PLANNING BOARD REQUEST FOR BOARD ACTION MEETING DATE: April 2, 2015 REGULAR ITEM: DEPARTMENT: PRESENTER(S): Brad Schuler, Current Planner CONTACT(S): Brad Schuler, Current Planner; and Ben Andrea, Current Planning/Zoning Supervisor SUBJECT: Public Hearing Item 1: Rezoning Request (Z-940, 4/15) – Request by Stephen Brock of Brock Ventures, Inc. on behalf of Lawrence Lawson Heirs to rezone 6.9 acres from (CZD) B-1, Business District, and R-15, Residential District, to (CUD) R-10, Conditional Use Residential Zoning District, to develop a high density development consisting of 80 units at 4713 Carolina Beach Road. The property is classified as Urban according to the 2006 CAMA Land Use Plan. BRIEF SUMMARY: This Conditional Use Zoning District application, submitted by Stephen Brock of Brock Ventures Inc. on behalf of Lawrence Lawson Heirs, proposes to rezone 6.9 acres located at 4713 Carolina Beach Road from (CZD) B-1, Business District, and R-15, Residential District, to (CUD) R-10, Conditional Use Residential District. The district is proposed in order to develop a high density development consisting of 80 units. On December 1, 2008, 4.5 acres of the 6.9 acre parcel was rezoned to (CZD) B-1. The remaining acreage remained zoned R-15. Access will be provided from Carolina Beach Road and Sikes Drive. The site and surrounding area are classified as Urban according to the 2006 CAMA Plan. The site is in an area that transitions into the City of Wilmington. Properties to the north and south of the subject property have been annexed by the City of Wilmington in recent years. Properties within in unincorporated areas are zoned predominately residential. As the application is for a Conditional Use Zoning District, a Special Use Permit is also attached. The application shall be considered for approval or denial as a two-part ordinance amendment. The proposed Conditional Use District rezoning is considered first, then the companion Special Use Permit proposal. STRATEGIC PLAN ALIGNMENT: Intelligent Growth and Economic Development • Build and maintain infrastructure • Understand and act on citizen needs RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends approval of the Conditional Use Zoning District, and suggests the following motion: Motion for approval, as the Planning Board finds that this request for a zoning map amendment of 6.9 acres ITEM: 1 Planning Board - April 2, 2015 from R-10, Residential District, to (CZD) B-2, Conditional Highway Business Zoning District, as described is: 1. Consistent with the purposes and intent of the “Urban” land use classification in the 2006 CAMA Land Use Plan because the “Urban” classification for continued intensive development and redevelopment of existing urban areas. 2. Reasonable and in the public interest because it provides for alternative modes of transportation by installing a multi-use path in accordance with the Comprehensive Greenway Plan, provides interconnectivity to the surrounding properties, and allows higher density where adequate infrastructure exists and where natural conditions will not be adversely affected which would take pressure off areas that are more sensitive. Staff recommends approval of the Special Use Permit, and suggests the following motion: Motion to recommend approval of the Special Use Permit as requested and presented. ATTACHMENTS: Z-940 Script Z-940 Petition Summary Z-940 Staff Summary Z-940 Neighbor Properties Map Z-940 Zoning Map Z-940 CAMA Land Use Map Z-940 Water Sewer Map Z-940 Application Z-940 Application Part 2 Z-940 Application Part 3 Z-940 Site Plan Z-940 Arch Elevations ITEM: 1 Planning Board - April 2, 2015 SCRIPT for CONDITIONAL USE Rezoning Request (Z-940, 4/15) Request by Stephon Brock of Brock Ventures, Inc. on behalf of Lawrence Lawson Heirs to rezone 6.9 acres of land located at 4713 Carolina Beach Road from (CZD) B-1, Business District, and R-15, Residential District, to (CUD) R-10, Conditional Use Residential Zoning District 1. This is a public hearing. We will hear a presentation from staff. Then the applicant and any opponents will each be allowed 15 minutes for their presentation and additional 5 minutes for rebuttal. 2. Conduct Hearing , as follows: a. Staff presentation b. pplicant’AsApresentationA(upAtoA15Aminutes) c. Opponent’sApresentationA(upAto 15 minutes) d. pplicant’sAcrossAexamination/rebuttalA(upAtoA5Aminutes) e. Opponent’sAcrossAexamination/rebuttalA(upAtoA5Aminutes) 3. Close the public hearing 4. Planning Board discussion 5. If the rezoning is denied there is a 12 month waiting period before you may resubmit. Do you wish to proceed or do you wish to continue the matter? 6. Ask Applicant whether he/she agrees with staff findings and any proposed condition. 7. Vote on rezoning (first vote) 8. Vote on the companion special use permit (second vote) Motion to recommend approval of the permit - All findings are positive. Motion to recommend approval of the permit, subject to conditions specified below: (State Conditions) _______________________________________________ Motion to recommend denial of the permit because the Board cannot find: _____________________________________________________________ a. That the use will not materially endanger the public health or safety if located where proposed for the following reason: _____________________________________________________________ b. That the Use meets all required condition and specifications: _____________________________________________________________ c. That the use will not substantially inure the value of adjoining or abutting property, or that the use is a public necessity:_____________________________________________________ d. That the location and character of the use if developed according to the plan submitted and approved will be in harmony with the area in which it is located and is in general conformity with the plan of development for New Hanover County:_________________________________________________________________ ________________________________________________________________________ - 1 - 1ITEM: 1 Planning Board - April 2, 2015 Z-940, 4/15 Page 1 of 1 Case Z-940, (4/15) Rezone from (CZD) B-1, Business District, and R-15, Residential District, to (CUD) R-10, Conditional Use Residential Zoning District Petition Summary Data Parcel Location & Acreage: 4713 Carolina Beach Road, 6.9 acres Petitioner/Owner: Stephon Brock of Brock Ventures, Inc., petitioner, on behalf of Lawrence Lawson Heirs Existing Land Use: Single Family Dwelling/undeveloped Zoning History: Initially zoned R-15 via Area 4 (April 7, 1971) 4.5 acres of the property were rezoned to (CZD) B-1 on December 1, 2008 (Z-891). Land Classification: Urban Water Type: Public Sewer Type: Public Recreation Area: Arrowhead Park & Southgate Park Access: The site has direct access to Carolina Beach Road and Sikes Drive. Fire District: New Hanover County South Watershed & Water Quality Classification: Bernards Creek (C;Sw) Conservation/Historic/ Archaeological Resources: None Soils and Septic Suitability: Seagate Fine Sand (Se) – Severe: Wetness Lynn Haven Find Sand (Ly) – Severe: Wetness Leon Sand (Le) – Severe: Wetness Kureb Sand (Kr) - Slight Schools: Bellamy Elementary, Myrtle Grove Middle, Ashley High - 2 - 1ITEM: 1 Planning Board - April 2, 2015 Z-938, (2/15) Page 1 of 7 CONDITIONAL USE ZONING DISTRICT REZONING REQUEST CASE: Z-940, 4/15 PETITIONER: Stephen Brock, Brock Ventures, Inc. on behalf of Lawrence Lawson Heirs, property owner REQUEST: Rezone from (CZD) B-1, Business District, and R-15, Residential District, to (CUD) R-10, Conditional Use Residential Zoning District ACREAGE: 6.9 acres LOCATION: 4713 Carolina Beach Road PID: R07100-003-009-000 LAND CLASS: Classified as Urban EXISTING CONDITIONS: Existing Zoning and Land Uses The subject property includes approximately 6.9 acres located on Carolina Beach Road. Sikes Drive also connects directly into the property. When zoning was initially applied to this area in 1971, the subject property and the surrounding area were zoned R-15. On December 1, 2008, a rezoning petition (Z-891) was approved to rezone 4.5 acres of the 6.9 acre parcel to (CZD) B-1 for the purposing of purposing of developing general retail, restaurant, and office uses, etc. The remaining acreage remained zoned R-15. The property is in an area that transitions into the City of Wilmington. Properties to the north and south of the subject property have been annexed by the City of Wilmington in recent years. An application for a multi-family development on the adjoining property to the north is currently being reviewed by the city. Properties within the unincorporated areas are zoned predominately residential. - 3 - 1ITEM: 1 Planning Board - April 2, 2015 Z-938, (2/15) Page 2 of 7 Existing Site Conditions The majority of the property is undeveloped and wooded; however there is a vacant single-family dwelling along Carolina Beach Road. The dwelling will be removed if this development is approved. Community Services Water and Sewer: The property is within the Urban Services boundary and is within the CFPUA service area. Fire Protection: The property is served by New Hanover County Fire Services and located in the New Hanover County South Fire District. Schools: The property is located within the school districts for Codington and Bellamy Elementary, Myrtle Grove Middle, and Ashley High schools. Conservation, Historic, and Archaeological Resources The subject property does not host any known conservation, historic, or archaeological resources. PETITIONER’S REQUEST: The petitioner is seeking to rezone the 6.9 acres of the property currently zoned (CZD) B-1, Business District, and R-15, Residential District, to (CUD) R-10, Conditional Use Residential District with the accompanying preliminary site plan for the purposes of developing a high density development consisting of 80 units. STAFF POSITION: Zoning and Subdivision Ordinance Considerations The preliminary site plan was review and approved with conditions by the Technical Review Committee. EngineeredAplansAthatAcomplyAwithAtheAcounty’sAordinancesAmustAbeAsubmitted,Areviewed,AandAapprovedA by staff prior to issuance of any construction permits. The zoning ordinance allows for high density developments within the R-10 zoning district to have a maximum density of 17 units/acre. The proposal for 80 units on this property equates to a density of 11.59 units/acre. School Total Capacity w/Mobiles +/- Capacity Codington 578 526 52 Bellamy 612 589 23 Myrtle Grove 808 674 134 Ashley 1877 1540 337 - 3 - 2ITEM: 1 Planning Board - April 2, 2015 Z-938, (2/15) Page 3 of 7 The development will extend Sikes Drive to the southern property line. The street will be dedicated as a public right-of-wayAandAconstructedAtoAeitherANCDOT’sAorAtheACityAofAWilmington’sAstandards.AAFutureA development and extension of Sikes Drive to the south will provide the opportunity of interconnectivity among the surrounding developments. The development will also provide a parking lot cross-access to the proposed multi-family development to the north,AandAaA10’Amulti-use path along Carolina Beach Road in accordance with the 2013 Wilmington/New Hanover County Comprehensive Greenway Plan. Improved recreational land will be provided in compliance with the zoning ordinance. The proposed recreational land includes a playground, covered picnic area, walking trail, and a community center containing a multipurpose room and exercise room. Traffic A traffic impact worksheet was provided as part of the application. The worksheet demonstrates that the use will not create peak hour trips in the amount necessary to require a Traffic Impact Analysis (TIA), therefore one was not conducted. Peak AM hour trips realized from the use will be 44.8 trips, and peak PM hours trips will be 53.6 trips. NCDOT has stated the existing deceleration lane/turn lane to the property to the north must be extended to also serve this development. Environmental The project will be subject to several environmental regulations and permits. Stormwater management will be reviewed by New Hanover County Engineering, along with sediment and erosion control. The property is not within a Special Flood Hazard Area. Landscaping and Buffering A 25’AwideAbufferAaround the perimeter of the property and interior parking landscaping are being proposed to comply with the requirements of the Zoning Ordinance. The location and design of the landscaping will be reviewed prior to issuance of any building permits. Land Use Plan Considerations The site and surrounding area are classified Urban according to the 2006 CAMA Land Use Plan. The purpose of the Urban class is to provide for intensive development of existing urban areas. Mixed use, cluster, and higher density development may be appropriate within Urban Areas. By installing the multi-use path along Carolina Beach Road, the development is complying with policy 6.9 of the Land Use Plan: Provide alternatives to automobile transportation by requiring all new development, redevelopment, and improvements to existing facilities to make provisions for a comprehensive network of bicycle and pedestrian facilities, including pedestrian causeways, bridges, and crossings on collector streets and major arterials. - 3 - 3ITEM: 1 Planning Board - April 2, 2015 Z-938, (2/15) Page 4 of 7 REVIEW AND ACTION: This request is being facilitated by Section 55.2 – Conditional Use District ofAtheACounty’sAZoningA Ordinance, and has been processed and reviewed per Section 110 – Amending the Ordinance. A community meeting was held on Tuesday, March 3, 2015 in accordance with the requirements for such a request. Approximately 30 members of the public attended the meeting, and no changes to the proposal were made as a result of the community meeting. Included in the packet is a summary of the meeting prepared by the applicant. Conditional Use Zoning Districts shall be considered for approval or denial as a two-part ordinance amendment. The proposed Conditional Use District rezoning is considered first, then the companion Special Use Permit proposal. If the Conditional Use District is denied, the Special Use Permit is not considered. If the Conditional Use District is approved but the Special Use Permit is denied, then the Commissioners shall immediately rescind their approval of the Conditional Use District. CONDITIONAL USE ZONING DISTRICT: Staff recommends the approval of the Conditional Use Zoning District. Staff concludes that the request is consistent with the requirements of the Zoning Ordinance and also the 2006 Wilmington-New Hanover County CAMA Land Use Plan. High density developments are appropriate within the Urban land use classification, which provides for continued intensive development and redevelopment of existing urban areas. Action Needed  Motion to recommend approval of the petitioner’s proposal (with or without conditions)  Motion to “table” the item in order to receive more information  Motion to recommend denial of the petitioner’s request based on specific reasons - 3 - 4ITEM: 1 Planning Board - April 2, 2015 Z-938, (2/15) Page 5 of 7 Example Motion for Approval: Motion for approval, as the Planning Board finds that this request for a zoning map amendment of 6.9 acres from R-10, Residential District, to (CZD) B-2, Conditional Highway Business Zoning District, as described is: 1. ConsistentAwithAtheApurposesAandAintentAofAtheA“Urban”AlandAuseAclassifications in the 2006 CAMA Land Use Plan because [Describe elements of controlling land use plans and how the amendment is consistent]. 2. Reasonable and in the public interest because [Briefly explain why. Factors may include public health and safety, character of the area and relationship of uses, applicable plans, or balancing benefits and detriments.]. Example Motion for Denial: Motion to for denial, as the Planning Board finds that this request for a zoning map amendment of 6.9 acres from R-10, Residential District, to (CZD) B-2, Conditional Highway Business Zoning District, as described is: 1. Not Consistent with the purposes and intent of the “Urban”Aland use classification in the 2006 CAMA Land Use Plan because [Describe elements of controlling land use plans and how the amendment is not consistent]. 2. Not reasonable or in the public interest because [Briefly explain why not. Factors may include public health and safety, character of the area and relationship of uses, applicable plans, or balancing benefits and detriments.]. Staff Suggested Motion: Motion for approval, as the Planning Board finds that this request for a zoning map amendment of 6.9 acres from R-10, Residential District, to (CZD) B-2, Conditional Highway Business Zoning District, as described is: 1. ConsistentAwithAtheApurposesAandAintentAofAtheA“Urban”AlandAuseAclassificationAinAtheA2006AC M A Land Use Plan because the “Urban”AclassificationAforAcontinuedAintensiveAdevelopmentAandA redevelopment of existing urban areas. 2. Reasonable and in the public interest because it provides for alternative modes of transportation by installing a multi-use path in accordance with the Comprehensive Greenway Plan, provides interconnectivity to the surrounding properties, and allows higher density where adequate infrastructure exists and where natural conditions will not be adversely affected which would take pressure off areas that are more sensitive. - 3 - 5ITEM: 1 Planning Board - April 2, 2015 Z-938, (2/15) Page 6 of 7 SPECIAL USE PERMIT: A Special Use Permit, in accordance with Section 71 of the Zoning Ordinance, shall be approved on a finding the applicant demonstrates the proposed use will meet the following: 1. The use will not materially endanger the public health or safety where proposed and developed according to the plan as submitted and approved; 2. The use will meet all required conditions and specifications of the Zoning Ordinance; 3. The use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity; and 4. 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 plan of development for New Hanover County. Preliminary Staff Findings of Fact Finding 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. A. Water and wastewater services (well & septic) for the proposed use must be designed to comply with the Cape Fear Public Utilities Authority standards. B. The subject property is located in the New Hanover County South Fire Service District. C. Access to the site will be provided by Carolina Beach Road and Sikes Lane. D. The subject site does not host any known cultural or archaeological resources. Staff Suggestion: Evidence in the record at this time supports a finding that the use will not materially endanger the public health or safety where proposed. Finding 2: The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. High density developments are allowed by Special Use Permit in the R-10 zoning district. B. The use complies with the standards of Section 72-43 of the Zoning Ordinance. Staff Suggestion: Evidence in the record at this time supports a finding that the use meets all of the required conditions and specifications of the Zoning Ordinance. Finding 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 location of the proposed high density development is classified as Urban in the 2006 CAMA Land Use Plan. B. The surrounding land uses are predominately residential. C. No evidence has been submitted that this project will decrease the property values of adjacent or nearby properties. Staff Suggestion: The evidence in the record at this time supports a finding that the use will not substantially injure the value of adjoining or abutting property. - 3 - 6ITEM: 1 Planning Board - April 2, 2015 Z-938, (2/15) Page 7 of 7 Finding 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 plan of development for New Hanover County. A. The 2006 Wilmington-New Hanover County CAMA Land Use Plan classifies the area proposed for the mobile home as Urban, and the proposal is not in conflict with the intent of the Urban land use classification, and additionally, not in conflict with any other policy of the 2006 CAMA Land Use Plan. B. The proposed development will provide for alternative forms of transportation in compliance with the 2012 Comprehensive Greenway Plan and Policy 6.9 of the 2006 CAMA Land Use Plan. Staff Suggestion: Evidence in the record at this time supports a finding that the use is general conformity with the plan of development for New Hanover County. SUMMARY Staff concludes that the applicant has demonstrated that the proposal complies with the findings of fact specified in Section 71 of the Ordinance. Staff also concludes that, with the information submitted, the applicant has demonstrated that the proposal is not in conflict with the management strategy for the Urban land use classification, and not in conflict with any other policies of the CAMA Land Use Plan. Note: A Special Use Permit is a quasi-judicial action requiring an evidentiary hearing and findings of fact. ACTION NEEDED (Choose one): 1. Motion to recommend approval (with or without conditions) 2. Motion to table the item in order to receive additional information or documentation (Specify). 3. Motion to recommend denial based on specific findings in any of the 4 categories above, such as lack of consistency with adopted plans or determination that the project will pose public hazards or will not adequately meet requirements of the ordinance. Staff suggests the following motion: Motion to recommend approval of the Special Use Permit as requested and presented. - 3 - 7ITEM: 1 Planning Board - April 2, 2015 22 49 0 4 25 76 14 17 39 66 45 74 26 1 40 16 60 36 67 47 46 29 44 5 65 6 31 26 26 7 424341 48 69 68 55 3 27 75 37 5354 62 50 2 61 63 64 7052 51 56 57 5859 2032 74 38 2834 30 33 80 71 7972 73 19 77 35 78 8 911 18 15 1210 21 24 CAROLIN A BEACH RD SPLIT RAIL DR PINE HOLLOW DR SILVA TERRA DR MATTEO DR GATE POST LN SIKES D R SAINT ANDREWS DR PRIVATE ILEX DR BELLE MEADS WOODS RD YULA N DR ALLEY M C G I N N I S L N JASMINE COVE WAY HONEYDEW LN WHITEWELD TER RIGGS TRL FAIRVIEW DR TRUMPET VINE WAY PINE HOLLO W DR SIKE S DR PINEVIEW DR ADA MS LANDING DR C A R Y A D R TESLA PARK DR TOLLINGTON DR STILL MEADOW DR LINDEN RIDGE RD WINFORDE RD DELH A M CT EVERETTE CT HORN RD CLOVERLAND WAY JAYBIRD CIR G O O D W O O D W A Y EXUMA LN ATWATER CT ELEUTHERA LN TURTLE DOVE CT BRE NT ON C T XING D A RTRID G E CT XING PRIVATE PRIVATE PRIVATE XIN G PRIVATE CAROLIN A BEACH RD PRI VATE PRI VATE PRIVATE PRIVATE XIN G 590Feet Parcels within 500 Feet of Case Site 4/2/2015 Applicant:Case:Review Board:Planning BoardCUDRequest:Notes:Z-940 CUD R-10 Date: Existing Zoning/Use: CZD B-1 & R-15Stephen Brock of Brock Ventures Inc.,on behalf of Lawrence Lawson Heirs Proposed: PLANNING & INSPECTIONSDirector: Chris O'Keefe MATTEO DR CAR OLIN A BEACH RD SIKES DR PRIVATE BELLE MEADS WOODS RD SEBASTIAN LN CAROLIN A BEACH RD PRIVATE Zoning Z-940 ®HNC Site Address:4713 Carolina Beach RdWilmington, NC, 28412PID: R07100-003-009-000 Neighboring Parcels ! ! ! !!!!!!!! ! ! !!!!!!!!! Case Site IDPhys_AddressIDPhys_Address0 4713 CAROLINA BEACH RD4114 SILVA TERRA DR1 4624 130 CAROLINA BEACH RD426 SILVA TERRA DR2 4301 SUNSET WOODS CT4310 SILVA TERRA DR3 4300 SUNSET WOODS CT444712 CAROLINA BEACH RD4 4600 CAROLINA BEACH RD454708 CAROLINA BEACH RD5 4304 SUNSET WOODS CT464714 CAROLINA BEACH RD6 4305 SUNSET WOODS CT474710 CAROLINA BEACH RD7 9 SILVA TERRA DR482 SILVA TERRA DR8 1009 3 SUMMER WOODS DR494649 CAROLINA BEACH RD9 1013 5 SUMMER WOODS DR501202 MATTEO CT10 1011 4 SUMMER WOODS DR511206 MATTEO CT11 1021 7 SUMMER WOODS DR521210 MATTEO CT12 1007 2 SUMMER WOODS DR531218 MATTEO CT13 1027 10 SUMMER WOODS DR541203 MATTEO CT14 4723 CAROLINA BEACH RD551222 MATTEO CT15 1031 12 SUMMER WOODS DR561207 MATTEO CT16 4809 CAROLINA BEACH RD571211 MATTEO CT17 4715 CAROLINA BEACH RD581215 MATTEO CT18 1015 6 SUMMER WOODS DR591219 MATTEO CT19 609 MCGINNIS LN604621 CAROLINA BEACH RD20 621 MCGINNIS LN611223 MATTEO CT21 1023 8 SUMMER WOODS DR624136 PINE HOLLOW DR22 4811 CAROLINA BEACH RD634140 PINE HOLLOW DR23 1029 11 SUMMER WOODS DR644144 PINE HOLLOW DR24 1025 9 SUMMER WOODS DR654148 PINE HOLLOW DR25 1001 SUMMER WOODS DR664825 CAROLINA BEACH RD26 4429 PINE HOLLOW DR674255 PINE HOLLOW DR27 608 MCGINNIS LN681227 MATTEO CT28 620 MCGINNIS LN694703 CAROLINA BEACH RD29 604 MCGINNIS LN701214 MATTEO CT30 624 MCGINNIS LN711016 ADAMS LANDING DR31 636 MCGINNIS LN721008 ADAMS LANDING DR32 617 MCGINNIS LN731004 ADAMS LANDING DR33 628 MCGINNIS LN744728 CAROLINA BEACH RD34 616 MCGINNIS LN754722 CAROLINA BEACH RD35 613 MCGINNIS LN764716 CAROLINA BEACH RD36 629 MCGINNIS LN771009 ADAMS LANDING DR37 612 MCGINNIS LN781005 ADAMS LANDING DR38 632 MCGINNIS LN791012 ADAMS LANDING DR39 4655 CAROLINA BEACH RD801020 ADAMS LANDING DR40 4815 CAROLINA BEACH RD Z-940 - 4 - 1ITEM: 1 Planning Board - April 2, 2015 CAROLIN A BEACH RD SPLIT RAIL DR PINE HOLLOW DR SILVA TERRA DR MATTEO DR GATE POST LN SIKES DR SAINT ANDREWS DR PRIVATE ILEX DR BELLE MEADS WOODS RD YULA N DR ALLEY M CGIN NIS LN JASMINE COVE WAY HONEYDEW LN WHITEWELD TER RIGGS TRL FAIRVIEW DR TRUMPET VINE WAY PINE HOLLO W DR SIKE S DR PINEVIEW DR ADA MS LANDING DR C A R Y A D R TESLA PARK DR TOLLINGTON DR STILL MEADOW DR LINDEN RIDGE RD WINFORDE RD DELH A M CT EVERETTE CT HORN RD CLOVERLAND WAY JAYBIRD CIR G O O D W O O D W A Y EXUMA LN ATWATER CT SEBASTIAN LN ELEUTHERA LN TURTLE DOVE CT BRE NT ON C T XING D A RTRID G E CT XING PRIVATE PRIVATE PRIVATE XIN G PRIVATE CAROLIN A BEACH RD PRI VATE PRI VATE PRIVATE PRIVATE PRIVATE XIN G 590Feet PLANNING & INSPECTIONSDirector: Chris O'Keefe®HNC Zoning Legend A-I AR B-1 B-2 EDZD I-2 O&I PD R-15 R-20 RA SC Incorporated Areas SHOD R-10 RFMU R-7 R-20S CZD I-1 See Section 59.4 of the Zoning OrdinanceCOD Z-940 4/2/2015 Applicant:Case:Review Board:Planning BoardCUDRequest:Notes:Z-940 CUD R-10 Date: Existing Zoning/Use: CZD B-1 & R-15Stephen Brock of Brock Ventures Inc.,on behalf of Lawrence Lawson Heirs Proposed: Site Address:4713 Carolina Beach RdWilmington, NC, 28412PID: R07100-003-009-000 - 5 - 1ITEM: 1 Planning Board - April 2, 2015 Urban Conservation Area CAROLIN A BEACH RD SPLIT RAIL DR PINE HOLLOW DR SILVA TERRA DR MATTEO DR GATE POST LN SIKES DR SAINT ANDREWS DR PRIVATE ILEX DR BELLE MEADS WOODS RD YULA N DR ALLEY M CGIN NIS LN JASMINE COVE WAY HONEYDEW LN WHITEWELD TER RIGGS TRL FAIRVIEW DR TRUMPET VINE WAY PINE HOLLO W DR SIKE S DR PINEVIEW DR ADA MS LANDING DR C A R Y A D R TESLA PARK DR TOLLINGTON DR STILL MEADOW DR LINDEN RIDGE RD WINFORDE RD DELH A M CT EVERETTE CT HORN RD CLOVERLAND WAY JAYBIRD CIR G O O D W O O D W A Y EXUMA LN ATWATER CT SEBASTIAN LN ELEUTHERA LN TURTLE DOVE CT BRE NT ON C T XING D A RTRID G E CT XING PRIVATE PRIVATE PRIVATE XIN G PRIVATE CAROLIN A BEACH RD PRI VATE PRI VATE PRIVATE PRIVATE PRIVATE XIN G 590Feet PLANNING & INSPECTIONSDirector: Chris O'Keefe®HNC Natual Heritage Resource Protection Area Conservation Area Watershed Resource Protection Wetland Resource Protection Area Urban Transition Community Rural Z-940 4/2/2015 Applicant:Case:Review Board:Planning BoardCUDRequest:Notes:Z-940 CUD R-10 Date: Existing Zoning/Use: CZD B-1 & R-15Stephen Brock of Brock Ventures Inc.,on behalf of Lawrence Lawson Heirs Proposed: Site Address:4713 Carolina Beach RdWilmington, NC, 28412PID: R07100-003-009-000 4/2/2015 Applicant:Case:Review Board:Planning BoardCUDRequest:Notes:Z-940 CUD R-10 Date: Existing Zoning/Use: CZD B-1 & R-15Stephen Brock of Brock Ventures Inc.,on behalf of Lawrence Lawson Heirs Proposed: Site Address:4713 Carolina Beach RdWilmington, NC, 28412PID: R07100-003-009-000 - 6 - 1ITEM: 1 Planning Board - April 2, 2015 CAROLIN A BEACH RD SPLIT RAIL DR PINE HOLLOW DR SILVA TERRA DR MATTEO DR GATE POST LN SIKES DR SAINT ANDREWS DR PRIVATE ILEX DR BELLE MEADS WOODS RD YULA N DR ALLEY M CGIN NIS LN JASMINE COVE WAY HONEYDEW LN WHITEWELD TER RIGGS TRL FAIRVIEW DR TRUMPET VINE WAY PINE HOLLO W DR SIKE S DR PINEVIEW DR ADA MS LANDING DR C A R Y A D R TESLA PARK DR TOLLINGTON DR STILL MEADOW DR LINDEN RIDGE RD WINFORDE RD DELH A M CT EVERETTE CT HORN RD CLOVERLAND WAY JAYBIRD CIR G O O D W O O D W A Y EXUMA LN ATWATER CT SEBASTIAN LN ELEUTHERA LN TURTLE DOVE CT BRE NT ON C T XING D A RTRID G E CT XING PRIVATE PRIVATE PRIVATE XIN G PRIVATE CAROLIN A BEACH RD PRI VATE PRI VATE PRIVATE PRIVATE PRIVATE XIN G 590Feet PLANNING & INSPECTIONSDirector: Chris O'Keefe®HNC MARKET ST ^ I-140 I-140 I- 4 0 RIVER RD U S H W Y 421 C A R O L I N A B E A C H SI D BU R Y R D MARKET ST C A S T L E H A Y N E R D BLUE CLAY RD CO L LEG E R D S H O L LY S H E LT E R R D OLEANDER DR EASTWOOD RD SHIPYARD BL V I-40 E R I V E R R D DOW RD S BEACH RD S *Site In USB* Urban Services Area Sewer Collector Water Distribution Main Urban Services Area Z-940 4/2/2015 Applicant:Case:Review Board:Planning BoardCUDRequest:Notes:Z-940 CUD R-10 Date: Existing Zoning/Use: CZD B-1 & R-15Stephen Brock of Brock Ventures Inc.,on behalf of Lawrence Lawson Heirs Proposed: Site Address:4713 Carolina Beach RdWilmington, NC, 28412PID: R07100-003-009-000 - 7 - 1ITEM: 1 Planning Board - April 2, 2015 - 8 - 1ITEM: 1 Planning Board - April 2, 2015 - 8 - 2ITEM: 1 Planning Board - April 2, 2015 - 8 - 3ITEM: 1 Planning Board - April 2, 2015 - 8 - 4ITEM: 1 Planning Board - April 2, 2015 - 8 - 5ITEM: 1 Planning Board - April 2, 2015 Narrative of Proposed Use The proposed use is 100% residential -- 80 rental apartments and a clubhouse with a management office and amenities. The apartments will be garden style in 3 story walk-up buildings. The site will feature a fenced in playground and a gazebo with picnic/bbq grills. The clubhouse will feature an equipped fitness room, equipped computer room, management office, community room for meetings/social with kitchenette, two restrooms, postal kiosk, maintenance room, and laundry room. Parking will be 160 spaces (2 spaces/unit). The development will be professionally managed by a property management firm and an on-site, full time property manager (on call 24/7). Sykes Drive will be extended through the site, as required, and dedicated as a public right-of-way. A deceleration lane will be added along Carolina Beach Rd. The site will meet all requirements for building permits and local zoning/development regulations. A tree survey will be provided and significant trees will be preserved or remediated, as necessary. The property will be affordable to workforce families earning up to 60% of Area Median Income. For more information on this product, see presentation attached herein as presented at the Community Meeting on March 3, 2015. - 8 - 6ITEM: 1 Planning Board - April 2, 2015 - 8 - 7ITEM: 1 Planning Board - April 2, 2015 Legal Description for 4713 Carolina Beach Rd -- approx. 6.9 acres PID: R07100-003-009-000 - 8 - 8ITEM: 1 Planning Board - April 2, 2015 - 8 - 9ITEM: 1 Planning Board - April 2, 2015 Community Meeting Report for Conditional Use Zoning District with “High Density” at 4713 Carolina Beach Rd (PID R07100-003-009-000) 6.9 acres 80 apartment units Meeting Date: March 3, 2015 6:00 PM Meeting Location: Codington Elementary School - 8 - 10ITEM: 1 Planning Board - April 2, 2015 Notification Applicant requested from NHC Planning a list of all adjacent and nearby owners required to be notified of the meeting as well as a copy of the “Sunshine List”. Adjacent property owners were notified each by mail sent out February 19, 2015. Only one mailing was returned by the USPS as undeliverable on March 5, 2015 (Carol A Swenson of 4838 Masonboro Loop Rd). All others were presumed notified. The “Sunshine List” was sent by email list service on February 20, 2015– no emails were returned as ‘undeliverable’. Three entries on the Sunshine List were phone numbers. Applicant left a voice mail for one with meeting details and spoke with the other two. Meeting Summary The meeting was attended by approx. 30 people. The attendee log may reflect less as there were several couples but all were asked to sign in. Of note, Katrina Redmon and Paul D’Angelo of the Wilmington Housing Authority were in attendance. Stephen Brock of Brock Ventures, Inc. (Wilmington, NC) and Sean Brady of Rea Ventures, Inc (Atlanta, GA) introduced themselves and presented the deck enclosed in this packet. There were many talking points, but following key points were emphasized: • High level info about the actual rezoning and use applications • Site plan review • Elevation of a typical building to show construction quality • Proposed common and apartment unit amenities • Review of the proposed apartment product as affordable, workforce housing o Not HUD, rent subsidized, or Section 8 but instead aimed at workforce earning up to 60% of Area Median Income (retail workers, entry level teachers, etc) and paying real rent o Residents screened for adequate income, criminal, and credit history o Tenants § pay real rent (currently proposed at $660 – 835 net monthly rent) § Evicted if misbehave or failure to pay rent – same as market rate o Pro-active, full time, and on-site property management § Professional management company will manage • Certified and trained for managing this product • Keeps detailed records and responsible for audits § Property manager on site full time and on call 24/7 § Unit inspections § Emphasis on creating community through social events, - 8 - 11ITEM: 1 Planning Board - April 2, 2015 o Maintenance – full time property maintenance person and financial reserves established for long term repairs (roof, etc) The presentation then ended and went to a Q&A format for approx. 25-30 minutes until all questions and concerns were addressed. Most people who spoke had just questions which far outweighed spoken concerns. The questions were: 1. Income limits calculations. Explained data and calculations in more detail. 2. Timing of Lease-Up. Estimated to begin late Q3 to early Q4 2016. 3. Whether we would we be annexed. We have no plans or knowledge of City of Wilmington’s desire to do so. 4. Roll of “Utility Allowances” in rent calculations. Explained in more detail. 5. Whether income targeting would change? Would we target lower income tenants in the future? No. Current 60% Area Median Income max is permanent. 6. Whether adjacent apartment proposal triggered traffic study. No, it did not. 7. How many units could be developed under current zoning. None as multi- family apartments. 8. Will the proposal affect crime and property values? No negative effect is expected. There are many studies done on this and the vast majority show no negative consequence to surrounding properties or to crime. As well, it is important to note that strong management is the key to operating a healthy, multi-family development, which will be done long term via a professional property management firm, as communicated during the presentation. The property manager will take an active approach to management by constantly walking the property, talking to residents, and monitoring what’s going on. Lastly, the improved property will be economically favorable compared to its current unimproved state. 9. How are bad tenants evicted? Same as market-rate developments. Involves adherence to state and local procedures/timing. Involve authorities at appropriate times. Manager has no incentive to keep bad tenants as demand is high. The issues/ concerns were 1. Traffic – a few residents during and after the meeting voiced concern over potential increase in traffic through the adjacent neighborhoods. Response: At 80 units, we do not expect significant traffic. Our Traffic Impact Worksheet (calculated according to guidelines) submitted to TRC showed 44.8 morning and 53.6 evening peak hour trips, most of which are expected to ingress/egress to Carolina Beach Rd. 2. One resident asked to consider fencing along the perimeter of the undeveloped side of Sykes Dr. - 8 - 12ITEM: 1 Planning Board - April 2, 2015 Response: In looking at this further, it is cost prohibitive. As well, the wooded area should be dense enough to provide a natural barrier. 3. After the meeting, one resident nearby warned of potential soil and wetland issues in the area. Response: We will be engaging a local civil engineer familiar with local soil and wetland types in the near future, assuming the rezoning proceeds favorably. If the costs of mitigation are prohibitive or impossible, this development will not proceed. - 8 - 13ITEM: 1 Planning Board - April 2, 2015 - 8 - 14ITEM: 1 Planning Board - April 2, 2015 - 8 - 15ITEM: 1 Planning Board - April 2, 2015 - 8 - 16ITEM: 1 Planning Board - April 2, 2015 - 8 - 17ITEM: 1 Planning Board - April 2, 2015 - 8 - 18ITEM: 1 Planning Board - April 2, 2015 - 8 - 19ITEM: 1 Planning Board - April 2, 2015 Abbington Cove of Wilmington Approx. 4713 Carolina Beach Road, Wilmington, North Carolina 28412 Neighborhood MeeCng March 3, 2015 www.reaventures.com - 9 - 1ITEM: 1 Planning Board - April 2, 2015 Company Overview Rea Ventures Group LLC has over 40 years of development experience and has developed over 4,100 units of mul=-family housing, 130 units of single-family housing, and 6,460 beds of student housing throughout the Southeast. We serve as developer, owner, and financial guarantorto our investors throughout the 30+ year lifespan of our affordable developments. Three current projects under development (216 units) in North Carolina are located in Southport, NC; Wadesboro, NC; and Winston-Salem, NC. More informa=on on our company and communi=es may be found at www.reaventures.com. - 9 - 2ITEM: 1 Planning Board - April 2, 2015 Company Overview Development Name City, State #Units Abbington Oaks Southport, NC 72 Abbington Gardens Winston-Salem, NC 96 Abbington Grove Wadesboro, NC 48 Southerland Village Wallace, NC 48 Mebane Mill Lofts Mebane, NC 75 Martinsville Lofts Martinsville, VA 60 Hartsfield Gardens Hartsville, SC 72 Noland Green Newport News, VA 60 Total 531 Mar=nsville LoPs (Mar=nsville, VA) Mar=nsville LoPs (Mar=nsville, VA) www.brockvi.com Brock Ventures, Inc. is a Wilmington based real estate development services firm focused on rental housing. BVI offers an array of development services that can be bundled comprehensively or a la carte. From site iden=fica=on all the way through financing an execu=on, BVI adds value for larger developers who wish to leverage their size and scope. - 9 - 3ITEM: 1 Planning Board - April 2, 2015 Company Overview Development Name City, State #Units Date Completed Funding Sources (Tax Credit, Conventional, etc.) Garfield Park Milwaukee, WI 69 12/22/11 LIHTC, Exchange Mebane Mill Lofts Mebane, NC 75 12/20/11 LIHTC Abbington Oaks Southport, NC 72 Awarded 2013 LIHTC Abbington Gardens Winston-Salem, NC 96 Awarded 2014 LIHTC, HOME Abbington Grove Wadesboro, NC 48 Awarded 2014 LIHTC Martinsville Lofts Martinsville, VA 60 8/29/11 LIHTC, Exchange Noland Green New Port News, VA 60 8/31/11 LIHTC, AHP Hartsville Garden Hartsville, SC 72 1/6/11 Exchange/LIHTC, HOME West Yard Lofts Charleston, SC 60 12/9/10 Exchange/LIHTC, HOME Westmoreland & Schoolfield Danville, VA 65 9/15/10 LIHTC Total 677 Mebane Mill LoPs (Mebane, NC) Hartsville Gardens(Hartsville, SC) KRP Investments is an experienced North Carolina developer of market rate, affordable housing, and mixed-use developments with over 677 units of affordable housing units in North Carolina, South Carolina, Virginia, and Wisconsin. Its founder and principal, Karen Perry, is a cer=fied public accountant with 11 years of experience in real estate development and 24 years of experience in the financial services industry. - 9 - 4ITEM: 1 Planning Board - April 2, 2015 Development Loca=on Abbington Cove Zoomed Out - 9 - 5ITEM: 1 Planning Board - April 2, 2015 Development Loca=on Abbington Cove Zoomed Out - 9 - 6ITEM: 1 Planning Board - April 2, 2015 Rezoning/High Density • Rezoning from R-15 and B-1 to R-10 with “High Density” • High Density – Allows 17 units/acre – Using 11.6 units/acre - 9 - 7ITEM: 1 Planning Board - April 2, 2015 Preliminary Concept Abbington Cove of Wilmington • 80 units of mul=-family housing – Garden-style Apartments (3 story) – Financed with Housing Tax Credit equity, compe==vely allocated by NCHFA – Housing Type: Affordable Workforce Housing – Unit Types: 2-bedroom, 3-bedroom, 4-bedroom • Professionally Managed by GEM Management, Inc. • Unit & Site Ameni=es • Resident Services - 9 - 8ITEM: 1 Planning Board - April 2, 2015 Development Site Plan Abbington Cove (Wilmington, NC) - 9 - 9ITEM: 1 Planning Board - April 2, 2015 Development Site Plan Abbington Cove (Wilmington, NC) - 9 - 10ITEM: 1 Planning Board - April 2, 2015 Development Site Plan Abbington Cove (Wilmington, NC) - 9 - 11ITEM: 1 Planning Board - April 2, 2015 Building Concept Abbington Cove (Wilmington, NC) - 9 - 12ITEM: 1 Planning Board - April 2, 2015 Project Floor Plans Abbington Cove (Wilmington, NC) Subject to adjustment as development process progresses 3-Bedroom Unit (1,133 sf) 2-Bedroom Unit (984 sf) 4-Bedroom Unit (1,302 sf) - 10 - 1ITEM: 1 Planning Board - April 2, 2015 Example of Finished Product Goshen Crossing (Rincon, GA near Savannah) Completed: 2012 Cer=fied:EarthcraP Community Winner: 2013 EarthCraP Communi=es Team of the Year Units: 60 Type: Workforce Housing Rents: 60% AMI to 50% AMI (100% affordable) - 10 - 2ITEM: 1 Planning Board - April 2, 2015 Example of Finished Product Playa del Pueblo (Midland, TX) Completed: 2014 Units: 96 Type: Workforce Housing Rents: 60% AMI to 30% AMI (100% affordable) - 10 - 3ITEM: 1 Planning Board - April 2, 2015 Unit Ameni=es • Window Blinds & Screens • Energy-Star Dishwasher • Energy-Star Refrigerator • Energy-Star Ceiling Fans • Energy-Star Ligh=ng • Oven/Range • Hea=ng & Air Condi=oning • Bathroom Exhaust Fans • Laundry Connec=ons • Microwave • High-Speed Internet (all units) • Pa=o/Balcony Subject to adjustment as development concept progresses - 10 - 4ITEM: 1 Planning Board - April 2, 2015 Site Ameni=es • Community Building • Computer Center • Picnic Area • On-Site Laundry • Playground/Tot-Lot • Exercise/Fitness Center Subject to adjustment as development concept progresses - 10 - 5ITEM: 1 Planning Board - April 2, 2015 Resident Events & Services Subject to change based on resident needs • Social Events • Neighborhood Holiday Par=es • Resident Council • Financial and Homebuyer Workshops • Health & Nutri=on Courses • Exercise/Fitness Classes • Resident Newsleoer - 10 - 6ITEM: 1 Planning Board - April 2, 2015 Typical Employment in Workforce Housing Goshen Crossing (Rincon, GA) – as of March 2013 1 7 1 1 23 3 10 4 6 6 3 0 5 10 15 20 25 Vacant Pension/Social Security Pension with Sec=on 8 Unemployed Retail/Service Hotel Restaurant Industrial/Logis=cs Public Service & Educa=on Medical Office/Bankin - 10 - 7ITEM: 1 Planning Board - April 2, 2015 Professionally Managed GEM Management, Inc. • In business since 1991 • Manage 235 proper=es represen=ng 7,800 units (3,773 units in North Carolina) across 7 states • On-Site Management • Professional Landscaping and Maintenance • Residents Screened (Criminal, Background, Income, etc.) & Can Be Evicted Carriage Hills (Lumberton, NC) An=quity Heights (Cornelius, NC) Broad River Terrace (Brevard, NC) - 10 - 8ITEM: 1 Planning Board - April 2, 2015 GEM Resident Screening Criteria Carriage Hills (Lumberton, NC) An=quity Heights (Cornelius, NC) Broad River Terrace (Brevard, NC) • Resident Interview & Screening – Ability to Pay Bills on Time – References (landlords and employers) – Credit Reports and Credit References – Police/Court Reports • Applica=on Acceptance – Meet Income Requirements – Not Exceed Occupancy Limits – Acceptable landlord references – Pass Credit Review (score 500+, no unpaid landlord balances) – Pass Criminal Screening • No Felonies, Illegal Substance Ac=vi=es, Sex Offenses • No evic=ons for illegal ac=ons • No misdemeanors in past 3 years • No pending court cases involving felony or misdemeanor • No history of criminal ac=vity that would threaten health, safety of residents or property staff - 10 - 9ITEM: 1 Planning Board - April 2, 2015 Funding Process • Compe==vely scored and funded by state • Timeline – Submit Pre-Applica=on: January 23, 2015 – Site Scores Announced: March 2015 – Complete Rezoning: May 15, 2015 – Finalize Funding Sources: May 15, 2015 – Full Applica=on Submioed: May 15, 2015 – Funding Awards Announced: August 2015 – Close Project: January 2016 – Start Construc=on: January 2016 – Begin Lease Up: October 2016 - 10 - 10ITEM: 1 Planning Board - April 2, 2015 Community Benefit New Apartment Community • Market & Workforce Rents • Jobs & Investment – 2 jobs full-=me – 150-170 jobs construc=on – $5 million+ local construc=on investment • Taxes & Fees – Property taxes – Permisng & U=lity Fees Source: HUD 2014 Income Limits, New Hanover Co, NC (*aPer est. u=lity allowances of $145 for 2-bedroom, $174for 3-bedroom, and $203 for 4-bedroom) These Es=mates Subject to Change Unit Type Income Brackets Targeted Max Incomes Maximum Monthly Rents* 2 Bedroom Unit (1,023 sf) 60% AMI $32,220 $660 3 Bedroom Unit (1,168 sf) 60% AMI $37,200 $756 4 Bedroom Unit (1,350 sf) 60% AMI $41,520 $835 - 10 - 11ITEM: 1 Planning Board - April 2, 2015 - 11 - 1ITEM: 1 Planning Board - April 2, 2015 - 11 - 2ITEM: 1 Planning Board - April 2, 2015 - 12 - 1 ITEM: 1 Planning Board - April 2, 2015 - 12 - 2 ITEM: 1 Planning Board - April 2, 2015 - 12 - 3 ITEM: 1 Planning Board - April 2, 2015 NEW HANOVER COUNTY PLANNING BOARD REQUEST FOR BOARD ACTION MEETING DATE: April 2, 2015 REGULAR ITEM: DEPARTMENT: PRESENTER(S): Ben Andrea, Current Planning and Zoning Supervisor CONTACT(S): Ben Andrea; Ken Vafier, Planning Manager; and Chris O'Keefe, Planning/Inspections Director SUBJECT: Public Hearing Item 2: Zoning Ordinance Text Amendment (A-421, 4/15) - Request by Greg Heafner on behalf of Oxford House, Inc. to amend Section 23, Definitions, to define Disabled Persons and Group Homes and Section 50, Table of Permitted Uses, to permit the use by-right in the PD, R-20S, R-20, R-15, R-10, R-7, AR, and RA Zoning Districts. BRIEF SUMMARY: The petitioner is submitting a request to amend the Zoning Ordinance to create a new use. The origin of the request is to rectify a violation situation. A full analysis has been provided in the Staff Summary. STRATEGIC PLAN ALIGNMENT: Intelligent Growth and Economic Development • Implement plans for land use, economic development, infrastructure and environmental programs • Understand and act on citizen needs RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends denial of the request as proposed by the petitioner. ATTACHMENTS: A-421 Script A-421 Staff Summary A-421 Application ITEM: 2 Planning Board - April 2, 2015 SCRIPT FOR Zoning Ordinance Text Amendment (A-421, 4/15) Request by Greg Heafner on behalf of Oxford House, Inc. to amend Section 23, Definitions, to define Disabled Persons and Group Homes and Section 50, Table of Permitted Uses, to permit the use by-right in the PD, R-20S, R-20, R-15, R-10, R-7, AR, and RA Zoning Districts. 1. This is a public hearing. We will hear a presentation from staff. Then the applicant and any opponents will each be allowed 15 minutes for their presentation and additional 5 minutes for rebuttal. 2. Conduct Hearing, as follows: a. Staff presentation b. pplicant’AsApresentationA(upAtoA15Aminutes) c. Opponent’sApresentationA(upAtoA15Aminutes) d. pplicant’sAcrossAexamination/rebuttalA(upAtoA5Aminutes) e. Opponent’sAcrossAexamination/rebuttalA(up to 5 minutes) 3. Close the Public Hearing 4. Planning Board discussion 5. Vote on the text amendment request. The motion should include a statement saying how the amendment is or is not consistent with the land use plan and why it is or is not reasonable and in the public interest. Please refer to the Staff example motions at the end of the case analysis included in your agenda packet. - 1 - 1ITEM: 2 Planning Board - April 2, 2015 A-421, (04/15) Page 1 of 4 ZONING ORDINANCE AMENDMENT REQUEST CASE: A-421, 04/15 PETITIONER: Gregory Alan Heafner, PA, on behalf of Oxford House, Inc. REQUEST: Amend Zoning Ordinance Section 23, Definitions, to define Disabled Persons and Group Homes and Section 50, Table of Permitted Uses, to permit the use by-right in the PD, R- 20S, R-20, R-15, R-10, R-7, AR, and RA Zoning Districts. PETITIONER’S REQUEST: The petitioner is requesting to amend the Zoning Ordinance to create a new use defined as “Group Homes” and allow the use by right in the PD, R-20S, R-20, R-15, R-10, R-7, AR, and RA Zoning Districts. The amendment request was initiated in response to a determination that an arrangement for up to eight unrelated persons accommodated in an existing Oxford House within the New Hanover County zoningAjurisdictionAisAnotAcompliantAwithAtheAcounty’sAzoningAregulations: An Oxford House is a recovery home concept that offers residence to on average eight persons who are recovering substance abusers or alcoholics. Per the Petitioner, no treatment, counseling, therapy, or any type of health care services are provided, and the residents of the home are considered to be the functionally equivalent of a family. Red and Underline/Strikethrough – Petitioner’sAProposedA dditions/Deletions Section 23: Definitions 1 2 Disabled Persons – Individuals with disabilities, including individuals recovering from alcoholism 3 and/or drug addiction, who are protected by either the provisions of the Americans with 4 Disabilities Act of 1990, 42 USC 12101, the Fair Housing Act, 42 USC 3601 et. seq., or NCGS 5 Chapter 168, Article 3, as each may be amended. 6 7 Group Home – A home in which up to eight (8) Disabled Persons live together as a self-8 supporting and self-sufficient household unit, without any in-home services or outside 9 assistance. Group Homes must register with the County and shall be at least one-quarter mile 10 from each other. 11 12 Section 50: Establishment of Use District; Table of Permitted Uses 13 14 Permitted Uses PD R 20S R 20 R 15 R 10 R7 B 1 B 2 I 1 I 2 O & I A R A I S C R A R F M U Supp Regs N A I C S Group Homes P P P P P P P P - 2 - 1ITEM: 2 Planning Board - April 2, 2015 A-421, (04/15) Page 2 of 4 STAFF POSITION: Accommodation for persons with disabilities is currently offered through both the North Carolina General Statutes and the New Hanover County Zoning Ordinance. NCGS § 168-21AdefinesA“familyAcareA home”AandA“personAwithAdisabilities”. (1) “Family care home” means a home with support and supervisory personnel that provides room and board, personal care, and habilitation services in a family environment for not more than six persons with disabilities. (2) “Persons with disabilities” means a person with a temporary or permanent physical, emotional, or mental disability including but not limited to mental retardation, cerebral palsy, epilepsy, autism, hearing and sight impairments, emotional disturbances, and orthopedic impairments but not including mentally ill persons who are dangerous to others as defined in G.S. 122C-3(11)b. NCGS § 168-22 provides guidance for zoning of family care homes: (a) A family care home shall be deemed a residential use of property for zoning purposes and shall be a permissible use in all residential districts of all political subdivisions. No political subdivision may require that a family care home, its owner, or operator obtain, because of the use, a conditional use permit, special use permit, special exception, or variance from any such zoning ordinance or plan; provided, however, that a political subdivision may prohibit a family care home from being located within a one-half mile radius of an existing family care home. The Zoning Ordinance contains a definition for “residential care facility”, which is similar to the NCGS definitionAforA“familyAcareAhome”. Residential Care Facility – A home with support and supervisory personnel that provides room and board, personal care, and rehabilitation services in a family environment for not more than six resident handicapped persons. The Zoning Ordinance allows residential care facilities by right in the PD, R-20S, R-20, R-15, R-10, O & I, AR, and RA zoning districts and by Special Use Permit in the R-7 zoning district: Permitted Uses PD R 20S R 20 R 15 R 10 R7 B 1 B 2 I 1 I 2 O & I A R A I S C R A R F M U Supp Regs N A I C S Residential Care P P P P P S P P P Section 63.4-2 requires that a residential care facility shall not be located with 2,000 feet radius of an existing residential care facility. Residential arrangements that do not meet the definition of residential care facility in New Hanover County must conform to the definition of Family in the Zoning Ordinance: - 2 - 2ITEM: 2 Planning Board - April 2, 2015 A-421, (04/15) Page 3 of 4 Family – One (1) or more persons occupying a single dwelling unit, provided that unless all members are related by blood, adoption, or marriage, no such family shall contain over three (3) persons, but further provided: (A) that domestic servants employed on the premises may be housed on the premises without being counted as part of the family residing on the premises; and (B) that a foster home as designated by the North Carolina Department of Social Services for the care of not more than five (5) children less than eighteen (18) years of age be considered as family. (C) that any child less than eighteen (18) years of age living with parent(s) or legal guardian is not to be counted as a person in calculations hereunder. The Petitioner contends that the Oxford House model does not conform to the Zoning Ordinance definition of ResidentialACareAFacilityAbecauseAtheAarrangementAdoesAnotAprovideAanyA“supportAorA supervisory personnel, room and board, personal care, or rehabilitation services”:AATheAPetitionerA explains in a December 23, 2014 letter to Zoning Staff that Oxford Houses are not substance abuse centers,AhalfwayAhouses,Ashelters,AorAcommunityAcareAfacilities:AAATheAPetitioner’sAletterAfurtherAstatedA that Oxford House residents are considered the functional equivalent of a family for several reasons; however,AtheACounty’sAdefinition of “Family” impedes the application of the Oxford House model, which provides accommodation for up to eight unrelated individuals on the basis that there is a financial and therapeutic benefit to having more residents. ItAisAStaff’sAobservationAthat the residential arrangement provided by the Oxford House model is not dissimilar from an arrangement of other unrelated adults living together in a residential setting. However, Staff opines that the allowance of up to eight unrelated individuals to occupy a single residential structure would not be in harmony with the spirit and intent of the Zoning Ordinance, specificallyAtheAdefinitionAofA“Family”,AwhichAallowsAforAupAtoAthreeAunrelatedApersonsAtoAoccupyAaAsingleA dwelling unit. Additionally, allowing eight persons to occupy a single residential unit would impose undue traffic, safety, and other hardships on existing residential communities. Although persons with qualifying disabilities are offered federal statutory protection under the Federal Fair Housing Act and the Americans with Disabilities Act, Staff is of the opinion that reasonable accommodation for persons with disabilities protected under federal law can be sought through the allowance of up to three unrelated individuals living in a single residence as prescribed by the definition of Family in the Zoning Ordinance. REVIEW AND ACTION: This request has been processed and reviewed per Section 110 – Amending the Ordinance. Notices of the petition request have been disseminated per the requirements of the Zoning Ordinance. Staff recommends the denial of the request. Staff concludes that the request is not consistent with the intent of Policy 5.7 of the 2006 Wilmington-New Hanover County CAMA Land Use Plan, which states: Preserve the character of the area’s existing residential neighborhoods and quality of life. Staff feels that permitting a use that allows for up to 8 unrelated individuals to occupy a single dwelling unit would intrude upon the quality of life enjoyed by residents in New Hanover County. - 2 - 3ITEM: 2 Planning Board - April 2, 2015 A-421, (04/15) Page 4 of 4 Staff also concludes that the amendment request is not reasonable and in the public interest as the amendment would permit up to eight unrelated individuals to occupy a single dwelling unit in contrast toAtheAcurrentAZoningAOrdinanceAdefinitionAofA“Family”,AandAtheAamendmentAwouldAplaceAundueAtraffic,A safety, and other burdens on established residential areas. Action Needed  Motion to recommend approval of the petitioner’s proposal  Motion to “table” the item in order to receive more information  Motion to recommend denial of the petitioner’s request based on specific reasons Example Motion for Approval: Motion to recommend approval, as the Planning Board finds that this request for a zoning ordinance amendment is: 1. Consistent with the purposes and intent of the 2006 CAMA Land Use Plan because [Describe elements of controlling land use plans and how the amendment is consistent]. 2. Reasonable and in the public interest because [Briefly explain why. Factors may include public health and safety, character of the area and relationship of uses, applicable plans, or balancing benefits and detriments.]. Example Motion for Denial: Motion to recommend denial, as the Planning Board finds that this request for a zoning ordinance amendment is: 1. Not Consistent with the purposes and intent of the 2006 CAMA Land Use Plan because [Describe elements of controlling land use plans and how the amendment is not consistent]. 2. Not reasonable or in the public interest because [Briefly explain why not. Factors may include public health and safety, character of the area and relationship of uses, applicable plans, or balancing benefits and detriments.]. Staff Suggested Motion: Motion to recommend denial, as the Planning Board finds that this request for a zoning ordinance amendment described is: 1. Not consistent with the purposes and intent of Policy 5.7 of the 2006 CAMA Land Use Plan because permitting a use that allows for up to 8 unrelated individuals to occupy a single dwelling unit would intrude upon the quality of life enjoyed by residents in New Hanover County. 2. Not reasonable and in the public interest as the amendment would permit up to eight unrelated individuals to occupy a single dwelling unit in contrast to the current Zoning Ordinance definitionAofA“Family”,AandAtheAamendmentAwouldAplaceAundueAtraffic,Asafety,AandAotherAburdensA on established residential areas. - 2 - 4ITEM: 2 Planning Board - April 2, 2015 - 3 - 1ITEM: 2 Planning Board - April 2, 2015 - 3 - 2ITEM: 2 Planning Board - April 2, 2015 NEW HANOVER COUNTY PLANNING BOARD REQUEST FOR BOARD ACTION MEETING DATE: April 2, 2015 TECHNICAL REVIEW COMMITTEE REPORT ITEM: DEPARTMENT: PRESENTER(S): Sam Burgess, Senior Planner CONTACT(S): SUBJECT: Technical Review Committee Report For March 2015 (Sam Burgess) BRIEF SUMMARY: The New Hanover County Technical Review Committee (TRC) met once during the month of March to review two performance site plans - Clearwater Preserve and Hanover Lakes. Both site plans were approved with conditions by the TRC. STRATEGIC PLAN ALIGNMENT: Intelligent Growth and Economic Development • Implement plans for land use, economic development, infrastructure and environmental programs • Understand and act on citizen needs RECOMMENDED MOTION AND REQUESTED ACTIONS: Hear report. No action required. ATTACHMENTS: March 2015 TRC Report Package ITEM: 3 Planning Board - April 2, 2015 Technical Review Committee Report – March, 2015 Page 1 TECHNICAL REVIEW COMMITTEE REPORT MARCH, 2015 The County’s Technical Review Committee (TRC) met once during the month of March and reviewed two (2) performance residential site plans. Clearwater Preserve Clearwater Preserve is located in the north central portion of our jurisdiction (near 4800 block Gordon Road- north side) and is classified as Urban on the County’s adopted 2006 Land Use Plan. Site plan attributes for the project include:  R-10 Residential Zoning  70 lots  21.24 acres  Public water & sewer (CFPUA)  Public & Private Roads (with good inter-connectivity) In a vote of 5-0, the TRC approved Clearwater Preserve for all 70 lots. The preliminary validity period of the performance site plan will end March 25, 2017. The following conditions will apply: 1) No gates, traffic calming devices or on-street parking permitted (signage will be required for the on-street parking). 2) NCDOT Driveway Permit & Encroachment agreements will be needed. 3) A private road maintenance agreement with the residents of Lake Emerald (private road) will be required prior to final plat approval. 4) An all -weather surface road will be needed during the construction phase of the project for emergency service delivery. 5) Unduplicated road names will need to be reviewed and approved by the County prior to final plat approval. 6) Sidewalks will need to be connected in accordance with WMPO standards. 7) A portion of the land included within this development is currently within Parkwood Estates subdivision. Verify whether the land is under existing and recorded restrictive covenants and if so how that will be modified. 8) Design the proposed water and sewer infrastructure in accordance with CFPUA standards. 9) Improved pedestrian access must be installed to the adjoining county owned properties. Coordinate with Parks and Gardens to determine location of the access ways. 10) TRC recommends that the northern portion of Tupelo Drive be constructed to NCDOT standards and that a public right-of-way, including that portion of Tupelo Drive, be dedicated to the county owned property to provide future vehicular access. At the time of improvements to the county owner property, the county will install the remaining portion of Tupelo Drive within the dedicated right-of-way to provide vehicular access. Should the developer still wish to construct and maintain private streets, TRC recommends that language be added to the restrictive covenants of the development - 1 - 1ITEM: 3 Planning Board - April 2, 2015 Technical Review Committee Report – March, 2015 Page 2 stating that the HOA will maintain the entirety of the streets within the development including any future extension of Tupelo Drive to the county owner property. 11) Private road signage must be installed at the terminus of the public streets. Hanover Lakes (Revised) Hanover Lakes is located in the north central portion of our jurisdiction (near 2100 block Castle Hayne Road) and is classified as Transition and Conservation on the County’s 2006 Land Use Plan. Site plan attributes include:  R-15 Residential Zoning  231 lots  104.57 acres  Public water and sewer (CFPUA)  Private Roads (with good inter-connectivity) In a vote of 5-0, the TRC approved the revision to Hanover Lakes for all 231 residential lots. The validity period of the performance site plan will end in March 25, 2017. The following conditions will apply: 1) No gates, traffic calming devices or on-street parking will be permitted. Signage for the no on-street parking will apply. 2) The road stub to the north and road connection with Arlington Drive will be constructed prior to final plat approval. 3) An all- weather road surface will be required during construction to permit emergency service delivery. 4) NCDOT Driveway Permit and Encroachment agreements will be imposed. 5) Off- site road improvements (TIA recommendations) will need to be completed. 6) Road re-alignment for the road stub to the north will be confirmed through the CFPUA. 7) Other conditions as mandated by County Engineering, County Fire, and the CFPUA. 8) A sidewalk will connect from the street to the clubhouse. 9) A bus shelter/bus stop is recommended near the entrance along Castle Hayne Road. 10) A bike lane will be coordinated with NCDOT along the road frontage of the project in accordance with the adopted Comprehensive Greenway Plan. Approximately 20’ of additional right-of-way is recommended. - 1 - 2ITEM: 3 Planning Board - April 2, 2015 SS SS SS SS SS SS SS SS SS SSSSSSSSSSSSSS SS SS SS SS SSSSSSSSSS SSSSSS SS SS SS S S S S S S S S SS SS SS SS SS R200' R30' R175' R10' R30' R30' R30' R30' R200' R350' R10' R10' R10' R150' R100' R30' 20' ALLEY ROWWIDTH 18' PAVEMENTWIDTH R30' R10' R125' R30' R10' R230' R10' R392' R30' R10' R30' R30' R180' R30' R30' SS SS SS SS SS SS SS SS SS SS SS SS SS R555' R300' 60' 18' PAVEMENTWIDTH R100' 20' ALLEY ROWWIDTH R1000' R30' R100' 60' W W W W W W W W W W W W WWWWWWWWWWWWWWW W W W W W W W W W W W W W W W W W W W W W W WWWWWWWWWWWWWWW W W W W W W W W W W W W W W W W W W W W W W W W W W WWWW W W W W W W W W W W W W W W WWW W W W W W W W W W W WWW W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W WWWWWWWWWWWW SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SSSS SS S S SSSS SS DATE: SCALE: DESIGNED: DRAWN: CHECKED: PEI JOB#:CONCEPTUAL LAYOUT: PRELIMINARY LAYOUT: FINAL DESIGN: RELEASED FOR CONST: PROJECT STATUS REVISIONS: DRAWING INFORMATION SEALCLIENT INFORMATION: REVISED PER PRELIMINARY TRC COMMENTS REC'D 3/18/15 RPB MRA MRA 1" =60' 03/03/15 GRADING, DRAINAGE AND ECC-2.014260.PE 3/19/15 1 5 10 15 20 22 23 25 28 2930 35 36 37 40 45 50 54 5962 58 63 6566 67 70 PARCEL DATASITE NAME: CLEARWATER PRESERVE SITE ADDRESS: 0 HARRIS RD CURRENT ZONING: R-10 RESIDENTIAL DISTRICT NEW HANOVER COUNTY TAX PARCEL ID#: R03500-006-362-000, R03518-002-013-000, R03518-007-013-000, R03518-002-001-000, R03518-005-009-000, R03518-005-008-000 PERFORMANCE RESIDENTIAL DISTRICT REQUIREMENTS: R-101. BUILDINGS ON THE PERIPHERY OF A PERFORMANCE RESIDENTIAL DEVELOPMENT SHALL SETBACK NO LESS THAN TWENTY (20) FEET FROMTHE ADJOINING PROPERTY LINE. 2. IN NO CASE SHALL ANY PART OF A DETACHED SINGLE-FAMILY DWELLING UNIT BE LOCATED CLOSER THAN TEN (10) FEET TO ANY PART OF ANYOTHER DETACHED SINGLE-FAMILY DWELLING.DENSITY CALCULATIONSGROSS TRACT AREA: 21.24 ACRES DENSITY ALLOWED: R-10 ZONING; 3.3 UNITS PER ACRE= 70.10 UNITS TOTAL NUMBER PROPOSED: 70 UNITS SITE DATA AND LOT INFORMATION1. TAX PARCEL ID#: R03500-006-362-000, R03518-002-013-000, R03518-007-013-000,R03518-002-001-000, R03518-005-009-000, R03518-005-008-000 2. TOTAL ACREAGE IN TRACT: 21.24 Ac. 3. TOTAL ACREAGE IN RIGHT OF WAY: 4.15 Ac. 4. TOTAL NUMBER OF LOTS: 70 SINGLE FAMILY- (16) 45' X 125' LOTS- (54) 50' X 120' LOTS 5. OPEN SPACE/RECREATIONAL AREA (BASED ON 70 LOTS):TOTAL AREA REQ'D (.03 AC/UNIT): 2.1 Ac. TOTAL AREA PROVIDED: 3.60 Ac. - ACTIVE OPEN SPACE REQ'D: 1.05 Ac. ACTIVE OPEN SPACE PROVIDED: 2.50 Ac. - PASSIVE OPEN SPACE REQ'D: 1.05 Ac. PASSIVE OPEN SPACE PROVIDED: 1.10 Ac. 6. SINGLE FAMILY RESIDENCE WITH APPROXIMATELY 3 BEDROOMS ROADS1. ALL STREETS SHALL BE PRIVATE AND CONSTRUCTED TO NCDOT STANDARDS AND INSPECTEDAND CERTIFIED BY ENGINEER TO VERIFY THEY WERE BUILT TO NCDOT STANDARDS. 2. NO GATES, OBSTRUCTIONS, OR SPEED CALMING DEVICES ARE PERMITTED. 3. ALL SIDEWALKS WILL BE CONSTRUCTED IN COMPLIANCE WITH ADA REQUIREMENTS. 4. STREET NAMES TO BE VERIFIED BY E-911 PRIOR TO RECORDATION OF SINGLE FAMILY LOTS. 5. CONNECTIVITY RATIO REQUIRED: 1.40 PROVIDED: 1.57 UTILITIES6. ALL WATER AND SEWER UTILITIES WILL BE COORDINATED WITH CFPUA. 7. WATER PROVIDED BY CAPE FEAR PUBLIC UTILITY AUTHORITY. CFPUA VERIFIED CAPACITY ISAVAILABLE TO SERVE THIS PROJECT. 8. SANITARY SEWER PROVIDED BY CAPE FEAR PUBLIC UTILITY AUTHORITY. CFPUA VERIFIEDCAPACITY IS AVAILABLE TO SERVE THIS PROJECT. 9. STORMWATER WILL BE HANDLED ON SITE IN COMPLIANCE WITH ALL STATE AND LOCALSTORMWATER STANDARDS. 10. STREET LIGHTS WILL BE PROVIDED AS PER SECTION 52-9 OF THE NEW HANOVER COUNTYSUBDIVISION ORDINANCE. 11. VERTICAL OBSTRUCTIONS, FENCES, WALLS, ETC. ARE NOT ALLOWEDIN UTILITY/DRAINAGE EASEMENTS.LANDSCAPE1. ALL LANDSCAPE WILL COMPLY WITH NEW HANOVER COUNTY ORDINANCES AND A LANDSCAPEPLAN WILL BE SUPPLIED AS PART OF THE PERMITTING DOCUMENTS. 70' 10' 26' 1/2" PER FT 1/4" PER FT SLOPES= 3:1 MODIFIED VALLEY CURBSLOPES= 3:1 1' 50 FT R/W6"-B25.0B BASE1/4" PER FT 6" STONEUNDER CURBING 1.5"-SF9.5A SURFACE 5' 1' SIDEWALK 11' 5' 1' NOT TO SCALE 1' 1' PASSIVE OPENSPACE 0.43 AC. PASSIVE OPENSPACE 0.14 AC. PASSIVE OPENSPACE 0.19 AC. ACTIVE OPENSPACE 2.50 AC. LOGAN DEVELOPERS INC 60 GREGORY ROAD NE # 1 LELAND, NC 28451 (910) 256-2211 PROPOSED 60'UTILITY EASEMENTRELOCATION EXISTING 60'UTILITY EASEMENTTO BE RELOCATED FRONT LOAD LOTS50' X 120' REAR LOAD LOTS45' X 125' 55 60 20' PERIMETERSETBACK PASSIVE OPENSPACE0.34 AC. ALLEY (20' ROW) ALLEY (20' ROW) 20' PERIMETERSETBACK LAND DISTURBANCE NOTE:SITE EXCEEDS ONE ACRE IN DISTURBANCE, ALL STATE PERMITS WILL HAVE TO BE SECURED PRIOR TO ISSUANCE OF ABUILDING PERMIT.SURVEY NOTE:TOPOGRAPHIC AND BOUNDARY SURVEY COMPLETED BYPARAMOUNTE ENGINEERING, INC. AND SEALED BYTIMOTHY G. CLINKSCALES, PLS. = PROPERTY LINE= OPEN SPACE= BUILDING SETBACK= PROPOSED UTILITY EASEMENT= OLD UTILITY EASEMENT= CURVE RADIUS= WATERLINE= SEWER LINE= SIDEWALK= FIRE HYDRANT LEGEND PRIVATE ROADS CERTIFICATIONI (WE) THE DEVELOPERS OF CLEARWATER PRESERVE SUBDIVISIONLOCATED IN THE UNINCORPORATED AREA OF NEW HANOVERCOUNTY UNDERSTAND THAT THE ROADS IN SAID SUBDIVISION AREDESIGNATED PRIVATE. I UNDERSTAND THAT OWNERSHIP ANDMAINTENANCE OF THE ROADS WILL BE THE RESPONSIBILITY OF THEDEVELOPER UNTIL SUCH TIME THAT THE DEVELOPER DESIGNATESTHE RESPONSIBILITY TO THE PROPERTY OWNERS' ASSOCIATION.RESPONSIBILITIES MUST BE ACCEPTED BY THE HOMEOWNERSASSOCIATION AS SPECIFIED IN THE HOMEOWNER COVENANTS FORSAID SUBDIVISION. THE PRIVATE ROADS IN SAID SUBDIVISION ARETO BE CONSTRUCTED IN ACCORDANCE WITH SECTION 52-4 OF THENEW HANOVER COUNTY SUBDIVISION ORDINANCE AND ALLAPPLICABLE COUNTY CODES WHICH INCLUDES THE DESIGN,INSTALLATION, INSPECTION, AND APPROVAL BY A LICENSEDENGINEER (PE) RECOGNIZED IN THE STATE OF NORTH CAROLINAPRIOR TO FINAL PLAT APPROVAL FOR ALL OR A PORTION OF THESUBDIVISION. IF ALL OR A PORTION OF THE ROAD INFRASTRUCTURE SYSTEM WITHIN THE SUBDIVISION IS BONDEDTHROUGH A SURETY, PERFORMANCE BOND, OR CASH ESCROW, NOBOND SHALL BE RELEASED UNTIL ALL ROAD CONSTRUCTIONIMPROVEMENTS ARE COMPLETE AND CERTIFIED BY THEPROFESSIONAL ENGINEER. IT SHALL BE DISCLOSED TO THE PROSPECTIVE BUYER OF A LOT ORLOTS WITHIN A SUBDIVISION THAT ROAD MAINTENANCE SHALL RUNTHROUGH THE PROPERTY OWNERS ASSOCIATION IN PERPETUITYAFTER ACCEPTANCE FROM THE DEVELOPER UNTIL SUCH TIMETHAT THE ROADS ARE RE-PLATTED AS PUBLICLY DESIGNATED ROADS AND TAKEN OVER FOR MAINTENANCE THROUGH THE NORTHCAROLINA DEPARTMENT OF TRANSPORTATION (NCDOT) ORAPPROPRIATE GOVERNING AUTHORITY. DATE __________________ FEMA NOTE:SITE DOES NOT FALL WITHIN A FLOOD ZONE ACCORDING TO FEMA MAP NUMBER 3720314900J HAVING AN EFFECTIVE DATEOF APRIL 3, 2006. R 0 30 60 120 240SCALE: 1"=60'GRAPHIC SCALE NC HWY 132 I-40 GORDON RD. SITE LAKE EMERALD DR. HARRIS RD.VICINITY MAP(NOT TO SCALE) TUPELO DRIVE(50' PRIVATE ROW)ROAD C (50' PRIVATE ROW) BIG GUM RD (50' PRIVATE ROW) W W SS INFILTRATIONBASIN 1.55 AC. ROAD A(50' PRIVATE ROW) ROAD B(50' PRIVATE ROW) 2 3 4 6 7 8 9 11 12 13 14 16 17 18 19 21 24 2627 313233 34 38 39 41 42 43 44 46 47 48 49 51 52 53 5657 61 64 6869 NOTES1. NO WETLANDS ONSITE CONFIRMED BY SITE VISIT BY LAND MANAGEMENT GROUP. (8/15/14) 2. ALL OPEN SPACE TO BE DEDICATED AND MAINTAINED BY THE HOA. 3. AFTER SITE EVALUATION, NO SIGNIFICANT TREES WERE FOUND TO BE WITHIN THE OVERALL PROPERTY BOUNDARY. 4. EXISTING LOTS FROM THE PARKWOOD ESTATES DEVELOPMENT ARE TO BE INCLUDED AND RECONFIGURED IN CLEARWATER PRESERVE.GROSS ACREAGE OF CLEARWATER RESERVE (21.24 ACRES) INCLUDESTHESE LOTS, LOTS 21, 22, 23, 28, 29, 30, & 31. 18' WIDE PAVED ALLEY1/4" PER FT MAX= 2:1 MAX= 2:1 1' 20 FT PRIVATE ALLEY1/4" PER FT 1/2" PER FT 1/2" PER FT 1.5"-S9.5B SURFACE6"-ABC BASE (NCDOT APPROVED) 1' 6' GRAVEL WALKINGTRAIL 8 PARALLEL PARKINGSPACES DENSE EXISTINGVEGETATION DENSE EXISTINGVEGETATION ACCESS POINT COASTAL CAROLINADEVELOPERS LOT 188, SEC 5 PARKWOODESTATES; DB 2686, PG 0645COASTAL CAROLINADEVELOPERS LOT 187, SEC 5 PARKWOODESTATES; DB 2686, PG 0645 COASTAL CAROLINADEVELOPERS LOT 180, SEC 5 PARKWOODESTATES; DB 2686, PG 0645 COASTAL CAROLINADEVELOPERS LOT 179, SEC 5 PARKWOODESTATES; DB 2686, PG 0645 COASTAL CAROLINADEVELOPERS LOT 170, SEC 5 PARKWOODESTATES; DB 2686, PG 0645 8" WATER LINE 8" WATER LINE 8" WATER LINE 8" WATER LINE 6" WATER LINE 6" WATER LINE 6" WATER LINE 8" WATER LINE - 1 - 3ITEM: 3 Planning Board - April 2, 2015 - 1 - 4ITEM: 3 Planning Board - April 2, 2015 NEW HANOVER COUNTY PLANNING BOARD REQUEST FOR BOARD ACTION MEETING DATE: April 2, 2015 OTHER BUSINESS ITEM: DEPARTMENT: PRESENTER(S): CONTACT(S): SUBJECT: Other Business BRIEF SUMMARY: STRATEGIC PLAN ALIGNMENT: Effective County Management • . RECOMMENDED MOTION AND REQUESTED ACTIONS: ITEM: 4 Planning Board - April 2, 2015