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12-2013 December 5 2013 PB Agenda Package NEW HANOVER COUNTY PLANNING & INSPECTIONS DEPARTMENT 230 GOVERNMENT CENTER DRIVE, SUITE 110 WILMINGTON, NORTH CAROLINA 28403 TELEPHONE (910) 798-7165 FAX (910) 798-7053 NOTICE OF PUBLIC HEARING NEW HANOVER COUNTY PLANNING BOARD DECEMBER 5, 2013  The New Hanover County Planning Board will hold public hearings on Thursday, December 5, 2013 beginning at 6:00 p.m. or thereafter at the New Hanover County Historic Courthouse, 24 North Third Street (corner of Third and Princess Streets), Room 301 in Wilmington, NC to consider the following: Approval of November 2013 Planning Board Minutes Item 1: Special Use Permit Request (S-616, 12/13) – Request by Lorraine Collura to operate a Child Care Center in a Residence located at 1220 Potomac Court. The subject property is currently zoned R-15, Residential District, and classified as Urban according to the 2006 CAMA Land Use Plan. Item 2: Rezoning and PD Master Plan Modification Request (Z-880M, 12/13) - Request by Burrows Smith for River Bluffs Development Corporation to modify a previously approved PD, which includes the rezoning of an additional 11 acres located at the west end of Chair Road from R-20, Residential District to PD, Planned Development District, and to amend the previously approved master plan to include a commercial marina. The subject property is classified as Wetland Resource Protection, Natural Heritage Resource Protection, Aquifer Resource Protection, and Conservation Land Classifications according to the 2006 CAMA Land Use Plan. Item 3: Text Amendment (A-415, 12/13) - Request by Staff to amend Section 33-1 of the Subdivision Ordinance regarding language required on final plats as it relates to Conservation Overlay Districts. Technical Review Committee Report (November) 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. Petitions for the above items may be viewed or inquiries made by contacting the Planning & Inspections Department at 798-7165, 230 Government Center Drive, Wilmington, NC. All interested citizens are invited to attend. Chris O’Keefe, AICP Planning & Inspections Director Dennis Bordeaux Inspections Manager Shawn Ralston Planning Manager PLANNING BOARD ITEM #1 S-616, 12/13 Page 1 Case S-616, (12/13) Special Use Permit Request for Child Care Center in R-15 Zoning District Petition Summary Data Parcel Location & Acreage: 1220 Potomac Court, 0.41 acres Owner/Petitioner: Lorraine and Michael Collura/Lorraine Collura Existing Land Use: Single Family Residential Dettached Zoning History: 8B (July 1, 1972) Land Classification: Urban Water Type: Public Sewer Type: Public Recreation Area: Smith Creek Park Access & Traffic Volume: Direct access to Potomac Court via an existing driveway. Traffic count numbers will be provided at meeting. Fire District: New Hanover County North Watershed & Water Quality Classification: Smith Creek, (C;SW) Conservation/Historic/ Archaeological Resources: None Soils and Septic Suitability: Seagate Fine Sand (Se) – Severe: Wetness Flood Hazard Areas: None Schools: Murrayville Elementary, Trask Middle, Laney High S-616, (12/13) Page 1 SPECIAL USE PERMIT S-616, 12/13: Request for a Special Use Permit for a Child Care Center in the R-15 Zoning District. Request By: Lorraine Collura Location: 1220 Potomac Court, Brittany Lakes Subdivision PID R03511-005-004-000 Summary of Request Lorraine Collura, applicant, on behalf of Lorraine and Michael Collura, owners, is requesting a Special Use Permit to operate a Child Care Center in her home at 1220 Potomac Court. The Zoning Ordinance defines a Child Care Center as: An arrangement where, at any one time, there are three or more preschool-age children or nine or more school-age children receiving child care, unless excluded by NCGS § 110- 86(2). (10/7/13) The applicant is requesting a total capacity of 12 pre-school aged children. The Child Care Center will be subject to review and permitting from the North Carolina Department of Health and Human Services Division of Child Development and Early Education, which imposes specific regulations pertaining to child care centers. The applicant is proposing to meet or exceed all applicable regulations, including having more than adequately sized indoor and outdoor areas, and a higher staff to child ratio than what is required. Aside from the installation of a fence in the back yard for the outdoor play area, no additional outdoor improvements, including signage, are proposed for the residence in conjunction with the child care center. Access to the site is provided via an existing residential driveway off of Potomac Court. Two off-street parking spaces are required for pick up and drop off; the applicant is proposing to meet this requirement by utilizing two existing spaces on the residential driveway, in addition to two spaces for owner/employee parking. Based on the estimated peak hour trip generation, the proposed child care center does not warrant a Traffic Impact Analysis (TIA). S-616, (12/13) Page 2 Preliminary Staff Findings of Fact (In Accordance with Section 71 of the New Hanover County Zoning Ordinance) 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. The subject property is located in the New Hanover County North Fire Service District. B. The subject property is currently served by public water and sewer provided by the CFPUA. C. The site has direct access to Potomac Court via an existing residential driveway, and two off street parking spaces will be provided for child drop off and pick up. D. The subject property is not located within any flood or archaeological areas and does not host any CAMA Areas of Environmental Concern (AEC). E. The project will be required to obtain approval from the NC Department of Health and Human Services Division of Child Development and Early Education. 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. The proposal meets the definition of Child Care Center according to the Zoning Ordinance, and Child Care Centers are permitted by Special Use Permit in the R-15 Zoning District. B. Required outdoor improvements are limited to the delineation of two off-street parking spaces to meet the requirements of the Zoning Ordinance, and a site plan indicating the parking spaces has been submitted. Staff Suggestion: Evidence in the record at this time supports a finding that the use meets all 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 subject property is zoned R-15, Residential District. B. Child Care Centers are permitted by Special Use Permit in the R-15 zoning district. C. The subject site is completely surrounded by residential uses; outdoor improvements for the Child Care Center will be limited to demarcating to existing off-street parking spaces and the installation of a fence, in harmony the residential community. D. Similar in-home child care services exist in residential zoning districts in New Hanover County. E. No evidence has been submitted that this project will decrease property values of residents who live nearby. S-616, (12/13) Page 3 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. 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 subject tract as Urban. The purpose of the Urban land use classification is to provide for continued intensive development and redevelopment of existing urban areas. B. The request is consistent with Policy 5.7 of the CAMA Land Use Plan, which states “Preserve the character of the area’s existing residential neighborhoods and quality of life”. SUMMARY Staff concludes that the proposal meets the requirements of Section 72-37 of the Zoning Ordinance, the CAMA Land Use Plan and concludes that the findings are positive. 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. 58 22 2 56 4 9 1 8 0 7 3 21 33 56 34 47 23 15 11 52 53 12 55 20 48 10 37 14 51 19 36 29 18 2827 24 17 16 25 30 44 4640 50 4143 54 42 45 49 13 26 31 57 35 3839 32 MURRAYVILLE RD S H I R E L N WH ITE RD SHEFFIELD CT V A L O R D R POTOMAC CT QUAIL WOODS RD POTOMAC DR SHENANDOAH ST CREEK RIDGE RD BRITTANY LAKES DR WILLIAMSBURG CT BRITTANY RD ROWSGATE LN PRIVATE HYATT LN AMITY WAY THURGOOD RD HABERDEEN DR SETTER CT RICE GATE COVEY LN SETTER LN MABEE WAY POINTER LN SHERMAN OAKS DR CLEWIS AVE HERFORD CT H A L L S T E A D C T WHITNEY DR MISTY OAK LN SPANIEL CT ELAND CT MEADOWVIEW AVE ALAMANCE CT TREMONT CT BL O CK A D E C T BIRD DOG CT PRIVATE 700Feet ®HNC Parcels within 500 Feet of Case Site 12/5/2013 Applicant and Owner:Case:Review Board:Planning BoardSpecial Use PermitRequest: Notes: S-616 Proposed Child Care Center Date: PLANNING & INSPECTIONSDirector: Chris O'Keefe Existing Zoning/Use: Residential, R-15 Lorraine Collura1220 Potomac Ct.Wilmington, NC 28411 R-15 MURRAYVILLE RD S H I R E L N WH ITE RD SHEFFIELD CT V A L O R D R POTOMAC CT QUAIL WOODS RD POTOMAC DR SHENANDOAH ST CREEK RIDGE RD BRITTANY LAKES DR WILLIAMSBURG CT BRITTANY RD ROWSGATE LN PRIVATE HYATT LN AMITY WAY THURGOOD RD HABERDEEN DR SETTER CT RICE GATE COVEY LN SETTER LN MABEE WAY POINTER LN SHERMAN OAKS DR CLEWIS AVE HERFORD CT H A L L S T E A D C T WHITNEY DR MISTY OAK LN SPANIEL CT ELAND CT MEADOWVIEW AVE ALAMANCE CT TREMONT CT BL O CK A D E C T BIRD DOG CT PRIVATE 700Feet S-616 ®HNC Zoning Legend A-I AR B-1 B-2 EDZD I-2 O&I PD R-15 R-20 R-20S RA SC Incorporated Areas SHOD CUD See Section 59.4 of the Zoning OrdinanceCOD R-10 R-7 I-1 RFMU CZD 12/5/2013 Applicant and Owner:Case:Review Board:Planning BoardSpecial Use PermitRequest: Notes: S-616 Proposed Child Care Center Date: PLANNING & INSPECTIONSDirector: Chris O'Keefe Existing Zoning/Use: Residential, R-15 Lorraine Collura1220 Potomac Ct.Wilmington, NC 28411 APPLICANT MATERIALS PLANNING BOARD ITEM #2 Z-880M, 12/13 Page 1 Case: Z-880M, (12/13) Rezone 11.3 acres from R-20 to PD, Planned Development Master Plan Modification to accommodate a Commercial Marina Petition Summary Data Parcel Location & Acreage: Western end of Chair Road adjacent to Cape Fear River, approximately 11.3 acres to be rezoned Owner/Petitioner: River Bluffs Development Corporation Existing Land Use: PD, Planned Development under construction Zoning History: Area Castle Hayne (July 1, 1985) Land Classification: Aquifer Resource Protection, Natural Heritage Resource Protection, Wetland Resource Protection, Conservation Water Type: To be connected to CFPUA Sewer Type: To be connected to CFPUA Recreation Area: Castle Hayne Park or Cape Fear Optimist Park Access & Traffic Volume: Chair Road (local) to Castle Hayne Road (major arterial) no counts on Chair Rd.; Castle Hayne Road showed ADT of 18,271 in March 2013. Fire District: New Hanover County North Watershed & Water Quality Classification: Little Creek, (C;SW) Conservation/Historic/ Archaeological Resources: Conservation resources adjacent to Cape Fear River. Cemetery on-site adjacent to proposed commercial marina site. Soils and Septic Suitability: On-Onslow loamy fine sand; Wr-Wrightsboro fine sandy loam; Ke-Kenansville fine sand; No-Norfolk fine sandy loam; Wo-Woodington fine sandy loam; Be- Baymeade fine sand; Le; Kr-Kureb sand; DO-Dorovan soils. Suitable to moderate limitation. DO is class IV unsuitable. Flood Hazard Areas: Minimal areas of Special Flood Hazard Area AE along shoreline of Cape Fear River and inland creek. Schools: Castle Hayne Elementary, Holly Shelter Middle School, Laney High School Other: Airport Transitional zone; SHOD Z-880M, (12/13) Page 1 Rezoning and PD Master Plan Modification Request CASE: Z-880M, 12/13 PETITIONER: River Bluffs Development Corporation REQUEST: Modify previously approved PD Planned Development District to include the rezoning of an additional 11 acres from R-20, Residential District to PD; Amend existing approved master plan for the PD to include a commercial marina ACREAGE: 11.3 acres to be rezoned to PD LOCATION: Western end of Chair Road extending to Cape Fear River LAND CLASS: Entire PD - Wetland Resource Protection; Aquifer Resource Protection; Natural Heritage Resource Protection; Conservation; 11.3 Acres to be Rezoned - Conservation PROJECT HISTORY: The subject property is located in the northwestern portion of the county in an area classified as Wetland, Aquifer, and Natural Heritage Resource Protection as well as Conservation on the 2006 CAMA Land Classification map. The property is accessed from Chair Road, a two lane local street which intersects with Castle Hayne Road about one mile to the east. In March 2008, the New Hanover County Board of Commissioners approved a rezoning and PD Master Plan on the subject property. The master plan consisted of 207 single family units, 47 multi-family units, 300 retirement units, and 15.17 acres of commercial use for a country store and an RV/boat storage facility as an amenity for the property owners within the development. The project occupied 236.59 acres on the western end of Chair Road, adjacent to the Cape Fear River. In September 2010, an additional 92.9 acres was rezoned to PD and included as part of the master plan for the project. This revision resulted in a maximum of 761 units; 408 single-family, 103 multi-family, and 250 retirement units, 1.5 acres of commercial space, and 10 acres of office and institutional space. All conditions of the initial approval remained intact, and one additional condition was added stating the Technical Review Committee (TRC) would decide whether gates would be permitted within the community. At this time, the petitioner is requesting the Planned Development District boundary be extended to include approximately 11.3 acres extending to the centerline of the river and to amend the approved Master Plan to accommodate a Commercial Marina within the southwestern portion of the subject property. Neither the 2008 or 2010 proposal included a rezoning of this portion of the site, which is necessary to allow the commercial marina as a by-right use. Per New Hanover County Zoning Ordinance Section 54.2-3: Procedural Requirements for the Establishment of a PD District, minor changes and revisions to the Master Land Use Plan may be considered by Staff provided such changes do not result in a change in the use or character of the applicable portion of the PD. The 2010 plan showed the area that is now indicated as a boat ramp as a Z-880M, (12/13) Page 2 single family residential area while the proposed commercial marina site was previously shown as commercial and recreational area. The addition of the boat ramp and commercial marina has resulted in a change in the use or character of the applicable portions of the PD which are only to be considered by the County Commissioners during a public hearing. PETITIONER’S REQUEST: TheApetitionerAisArequestingAtoAaddATractA“D1”AinAtheAsoutheasternAportionAofAtheAproperty,AwhichAwillA accommodate a commercial marina and associated parking on 1.82 acres. The upland marina will consist of 143 docking slips on the Cape Fear River. The boat ramp to provide access to the river will be located just north of the marina site on .33 acres. An existing ramp lies on the property and will be improved to accommodate more intense traffic. Access to the commercial marina is providedAviaA ngusADrive,AaA30’AwideAprivateAdriveAintoAtheAmarinaA from the extension of Chair Road, which will serve as the main access road within River Bluffs. The boat ramp to the north will be accessed via White Cliffs Drive, also a private drive off of Chair Road. Commercial services will be provided at the marina site off Angus Drive. The Division of Coastal Management has issued a CAMA Major Permit (#30-13) for the marina and boat ramp with several conditions to ensure adequate protection of water quality and resources. STAFF POSITION: This request is being facilitated by Section 54.2-3: Procedural Requirements for the Establishment of a PD District and has been processed and reviewed per Section 110 – Amending the Ordinance. A community meeting was held on Monday, November 18, 2013 in accordance with the requirements for such a request. The community meeting had six attendees with questions regarding the project, but no opposition was voiced. A community meeting report was submitted by the petitioner. This project as a whole encompasses three of the four Resource Protection land classification sub- classes in addition to land considered as Conservation directly on and adjacent to the Cape Fear River shoreline. Previous staff reviews have determined the project to be consistent with these classifications. Water-dependentAusesAthatAareAdesignedAtoApreserveAaAsite’sAnaturalAfeaturesAareAconsistentAinAtheA Conservation area. The addition of the commercial marina and boat ramp within the Conservation area as proposed is consistent with this classification. Staff recommends the approval of the proposal as requested. Action Needed  Motion to approve the petitioner’s proposal as amended  Motion to “table” the item in order to receive more information  Motion to deny the petitioner’s request based on specific reasons Staff’sARecommendedAMotion: pproveAtheApetitioner’sAproposalAasAamended. I-140 CASTLE HAYNE RD BLUE CLAY RD COLLEGE RD N I-40 E I-40 W CHAIR RD ROCKHILL RD PRIVATE US HWY 421 N HERMITAGE RD OLD MILL RD HOLLY SHELTER RD CROWATAN RD HOLLAND DR PRINCE GEORGE AVE A N G U S D R BOUNTIFUL LN APPLE RD SONDEY RD OAKLEY RD NORTHCHASE PKY W TER E SA DR MCDOUGALD DR STONEY RD AR LE NE DR CHESTERFIELD RD DEERFIELD RD LYNN AVE PARMELE RD DEKKER RD VELVA DR BRINKMAN DR BELT RD RI TTER DR OAKLEY CIR CHIP DR BLOSSOM ST OLD AVE FULTON AVE HA RV E ST RD INDIAN CORN TRL MARY AVE LOGAN RD CLAYMORE DR KENNEDY DR CONSTABLE WAY HUBERT DR DAVIS LN GRANNY RD F O R K D R RUSTIC ACRES DR BRUCEMONT DR OLD OAKLAND DR DIAMOND DR GALWAY RD PLUMTREE LN SYCAMORE AVE BROOKGREEN RD ALVERNIA DR SASSANQUA RD MONTICELLO DR HAWKS NEST DR DAVID CT TRANQUILITY LN BOWMAN DR SIL O CT STILE CT PRIVATE PRIVATE PRIVATE PRIVATE PRIVATE PRIVATE PRIVATE PRIVATE PRIVATE PRIVATE PRIVATE PRIVATE 4,000FeetParcels within 500 Feet of Case Site 0 33 4654 5 2 11 22 9 4 24 29 7 6 3 48 12 34 44 8 116 1318 2753 41 4231 19 30 25 21 10 35 37 43 17 45 14 15 I-140 E CHAIR RD A N G U S D R GRANNY RD Cape Fear River 12/5/2013 Applicant and Owner:Case:Review Board:Planning BoardRezoningRequest: Notes: Z-880 M Rezone to PD & modification of master plan Date: PLANNING & INSPECTIONSDirector: Chris O'Keefe Existing Zoning/Use: Residential, R-20 River Bluffs Development Corp. Neighboring Parcels ! ! !!!!!!!!! ! ! !!!!!!!! Z-880M Site ®HNC Z‐880M 12/13 Neighbor Property Owners List December 5, 2013 Planning Board Meeting IDOwnerIDOwner 0CHAIR ROAD ASSOCIATES LLC31MILLER CAROL 0CHAIR ROAD ASSOCIATES LLC32RIVENBARK ETTA KERR WILLIAM 0RHODES L D JR REBA S33WHITTED EMERSON LAVERNE D 0CHAIR ROAD ASSOCIATES LLC34COLEMAN JOHN E CYNTHIA R 0CHAIR ROAD ASSOCIATES LLC35TATE REGINALD C 0CHAIR ROAD ASSOCIATES LLC36WEST JANET S KERR JAMES HENRY 0RIVER BLUFFS DEVELOPMENT CORP37MILLER OLIVER 0RIVER BLUFFS DEVELOPMENT CORP39KERR ELIZABETH B 0RIVER BLUFFS DEVELOPMENT CORP40BORDEAUX DENNIS K KIM 0RIVER BLUFFS DEVELOPMENT CORP41GREENE MARY E 0CHAIR ROAD ASSOCIATES LLC42MILLER STACEY AILEEN 0RIVER BLUFFS DEVELOPMENT CORP43ROBINSON MARION L SANDRA M 0RIVER BLUFFS DEVELOPMENT CORP44RHODES STEVE ALAN 0RIVER BLUFFS DEVELOPMENT CORP45NC DEPT OF TRANSPORTATION 0RIVER BLUFFS DEVELOPMENT CORP46CORBETT RAYMOND T GRETCHEN 0CHAIR ROAD ASSOCIATES LLC47BRIDGER JOSEPH CRAVEN III 1SMITH TERRANT SARAH48ROBINSON MARION L SANDRA M 2BORDEAUX JAMES H48FOY HENRY 3LEE JEFFREY H KATHLEEN J49LOUGHLIN WILLIAM P ETAL 4RIVENBARK FRANK A KIMBERLY A50HOOSIER DADDY LLC 5ROBINSON MARION L SANDRA M51ROCK HILL RD INVESTMENTS LLC 6MILES LENNAN W52KERR ELIZABETH B 7DOBBINS DEBORAH M53RIVENBARK WILLIAM ANDREW 8ROBINSON MARION L SANDRA M54RIVENBARK ETTA KERR WILLIAM 9JONES JENNIFER G55ROCK HILL RD INVESTMENTS LLC 10MILLER STACEY AILEEN56RICHARD GARY ETAL 11BORDEAUX DENNIS K KIM 12TYLER JAMES G ELAINE M 13BROWN JIMMY R ANN RUTH 14JOINT CONVERSION COMPANY INC 15ROBINSON MARION L SANDRA M 16FOY HENRY LEE EMILY L 17BORDEAUX ROSE KERR ETAL 18DUDLEY GWENDOLYN WILSON HRS 19TATE REGINALD C 20KERR ROBERT J HRS 21GRAVES WANDA RAMONA 22GRADY HAZEL LIFE ESTATE 23BROWN WAYNE M JOAN TERESA K 24FOYE JOHN L MARY RUTH 25HANSARD CAROL MILLER 26KERR ELIZABETH B 27HANSARD CAROL MILLER 28NC COASTAL LAND TRUST 29ROBINSON MARION SANDRA 30ODOM GERALDINE I-140 CASTLE HAYNE RD BLUE CLAY RD COLLEGE RD N CHAIR RD ROCKHILL RD PRIVATE HERMITAGE RD OLD MILL RD CROWATAN RD HOLLAND DR A N G U S D R BOUNTIFUL LN APPLE RD SONDEY RD OAKLEY RD TER ES A DR MCDOUGALD DR STONEY RD AR LE N E D R CHESTERFIELD RD DEKKER RD VELVA DR BELT RD RITTER DR OAKLEY CIR CHIP DR OLD AVE HAR VES T R D MARY AVE KENNEDY DR HUBERT DR DAVIS LN GRANNY RD F O R K D R RUSTIC ACRES DR DIAMOND DR GALWAY RD PLUMTREE LN BROOKGREEN RD ALVERNIA DR SASSANQUA RD DAVID CT TRANQUILITY LN SILO CT STILE CT PRIVATE PRIVATE PRIVATE PRIVATE PRIVATE PRIVATE PRIVATE PRIVATE 3,000Feet 12/5/2013 Applicant and Owner:Case:Review Board:Planning BoardRezoningRequest: Notes: Z-880 M Rezone to PD & modification of master plan Date: PLANNING & INSPECTIONSDirector: Chris O'Keefe Existing Zoning/Use: Residential, R-20 River Bluffs Development Corp. ®HNC Z-880M Zoning Legend A-I AR B-1 B-2 EDZD I-2 O&I PD R-15 R-20 R-20S RA SC Incorporated Areas SHOD CUD See Section 59.4 of the Zoning OrdinanceCOD R-10 R-7 I-1 RFMU CZD PROPOSED SITE PLAN APPLICANT MATERIALS Legend ! Points Lines Polys Parcels river bluffs re-zone 05801,160290Feet ¯ Description for River Bluffs Development Corporation River Bluffs Development Rezoning Description for Marina Cape Fear Township New Hanover County, NC Beginning at a point on the Eastern side of the Northeast Cape Fear River, said point being on the dividing line of the River Bluffs Development Corporation property as referenced in Deed Book 5439 Page 571 of the New Hanover County Registry, and the Martha P. Loughlin Revocable Living Trust property as referenced in Deed Book 3101 Page 812. Said point being the Place and Point of Beginning. 1) Thence running Northwest in the direction of the Northern property line of the Martha P. Loughlin Revocable Living Trust property to the centerline of the Northeast Cape Fear River. 2) Thence with the centerline of the Northeast Cape Fear River to a point that is perpendicular to a point in the Eastern side of said river at a point in the dividing line of the River Bluffs Development Corporation property as referenced in Deed Book 5439 Page 585 and the Chair Road Associates, LLC property as referenced in Deed 5031 Page 976. 3) Thence running to a point in the Eastern side of said river at a point in the dividing line of the River Bluffs Development Corporation property as referenced in Deed Book 5439 Page 585 and the Chair Road Associates, LLC property as referenced in Deed 5031 Page 976. 4) Thence running with the high water line of the Eastern side of the Northeast Cape Fear River to the place and point of beginning. Containing approximately 11.3 acres and being a portion of the Northeast Cape Fear River. COMMUNITY MEETING REPORT PLANNING BOARD ITEM #3 A-415 AMENDMENT TO THE NEW HANOVER COUNTY ZONING ORDINANCE APPLICANT: STAFF Staff proposes to amend Section 33-1, Final Plat Contents, of the Subdivision Ordinance to address Conservation Overlay District Requirements Proposed changes are in red. Proposed deletions are in red strikethrough. New Hanover County Subdivision Ordinance Section 33-1 Contents of the Final Plat (13) If the Subdivision is within a Conservation Overlay District, locations and types of conservation resource areas shall be shown. Official conservation resource maps are available at the County Planning & Inspections Department. (14) If the Subdivision is within a Conservation Overlay District, the following map note shall be shown: “Subdivision contains an area included within a Conservation Overlay District (COD). Field verification of COD areas shall be performed by a member of the New Hanover County Planning and Inspections staff prior to map recordation to ensure accuracy. Delineations shall be valid for a period of 5 years from the date of delineation or recordation on a final plat.” If during the 5 year validity period evidence exists indicating that the COD area has changed due to the dynamics of wetland migration, shoreline erosion, sea level rise, or other factors such delineations may be subject to revision. (14)(15) Surveyed delineation of Corps of Engineers Federally regulated Wetlands. (10/99) PLANNING BOARD TRC REPORT