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HomeMy WebLinkAbout2016-04-14 April 14 2016 PB Agenda PackageAGENDA NEW HANOVER COUNTY PLANNING BOARD New Hanover County Historic Courthouse 24 North Third Street, Assembly Room 301 Wilmington, NC April 14, 2016 4:00 PM DONNA GIRARDOT, CHAIRMAN - ANTHONY PRINZ, VICE-CHAIRMAN TAMARA MURPHY, BOARD MEMBER - ERNEST OLDS, BOARD MEMBER THOMAS "JORDY" RAWL, BOARD MEMBER - EDWARD T. (TED) SHIPLEY, III, BOARD MEMBER DAVID WEAVER, BOARD MEMBER CHRIS O'KEEFE, PLANNING & INSPECTIONS DIRECTOR - KENNETH VAFIER, PLANNING MGR Call Meeting to Order (Chairman Donna Girardot) Pledge of Allegiance (Sam Burgess) Approval of 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 Rezoning Request (Z-953, 4/16) – Request by Edward H. Clark of Hanover Lakes LLC, property owner, to rezone 2.2 acres located at the 2100 block of Castle Hayne Road from R-15, Residential District, to (CZD) O&I, Conditional Office and Institutional District, in order to develop a commercial/office building. The property is classified as Transition according to the 2006 CAMA Land Use Plan. 2Public Hearing Rezoning Request (Z-954, 4/16) – Request by Design Solutions, on behalf of the property owner, Nix Investments 2 LLC, to rezone 0.58 acres located at the 2415 Castle Hayne Road from R-15, Residential District, to (CZD) B-2, Conditional Highway Business District, in order to develop a mini-warehouse building. The property is classified as Transition according to the 2006 CAMA Land Use Plan. 3Public Hearing Rezoning Request (Z-955, 4/16) – Request by Design Solutions, applicant, on behalf of the property owners, Mildred Wolff Futch et al, to rezone 1.95 acres located at 2715 N. 23rd Street from R-15, Residential District, to (CZD) B-1, Conditional Business District, in order to develop a 5000 SF commercial building. The property is classified as Transition according to the 2006 CAMA Land Use Plan. 4Public Hearing Rezoning Request (Z-956, 4/16) – Request by Design Solutions, applicant, on behalf of the property owners, Clarence K. & Peggy W. Henry, and Michael F. & Aleta J. Planning Board - April 14, 2016 Moser, to rezone 2.77 acres located at the 5000 block of Carolina Beach Road from R-15, Residential District, to (CZD) O&I, Conditional Office and Institutional District, in order to develop office buildings. The property is classified as Urban according to the 2006 CAMA Land Use Plan. 5Public Hearing Rezoning Request (Z-957, 4/16) – Request by Design Solutions, applicant, on behalf of the property owners, Clarence K. & Peggy W. Henry, and Michael F. & Aleta J. Moser, to rezone 5.8 acres located at the 5000 block of Carolina Beach Road from R-15, Residential District, to (CUD) R-10, Conditional Use Residential District, in order to develop a high density development. The property is classified as Urban according to the 2006 CAMA Land Use Plan. 6Public Hearing Rezoning Request (Z-958, 4/16) – Request by Brock Ventures Inc., applicant, on behalf of the property owner, Lawrence Lawson Heirs, to rezone 6.9 acres located at the 2700 block of Carolina Beach Road from (CZD) B-1, Conditional Business District, and R-15, Residential District, to (CUD) R-10, Conditional Use Residential District, in order to develop a high density development. The property is classified as Urban according to the 2006 CAMA Land Use Plan. 7Public Hearing Special Use Permit Request (S-629, 4/16) – Request by Design Solutions, applicant, on behalf of the property owners, FSS Properties, LLC, for a special use permit for an asphalt mixing facility (Intensive Manufacturing) on a 10.01 acre parcel located at 5600 Holly Shelter Road. The property is classified as Aquifer Resource Protection Area and Wetland Resource Protection Area according to the 2006 CAMA Land Use Plan. TECHNICAL REVIEW COMMITTEE REPORT 1Technical Review Committee Report For March 2016 OTHER ITEMS 1Other Business Planning Board - April 14, 2016 NEW HANOVER COUNTY PLANNING BOARD REQUEST FOR BOARD ACTION MEETING DATE: April 14, 2016 REGULAR ITEM: DEPARTMENT: PRESENTER(S): Brad Schuler, Current Planner CONTACT(S): SUBJECT: Public Hearing Rezoning Request (Z-953, 4/16) – Request by Edward H. Clark of Hanover Lakes LLC, property owner, to rezone 2.2 acres located at the 2100 block of Castle Hayne Road from R-15, Residential District, to (CZD) O&I, Conditional Office and Institutional District, in order to develop a commercial/office building. The property is classified as Transition according to the 2006 CAMA Land Use Plan. BRIEF SUMMARY: The proposed rezoning includes 2.2 acres of a 106.75 acre parcel of land located at the 2100 block of Castle Hayne Road, approximately three quarters of a mile south of the intersection with N. Kerr Avenue. The remaining 104 acres of land within the parcel have recently received preliminary plat approval in order to develop a 231 lot single-family performance residential subdivision currently named Hanover Lakes. The subject 2.2 acres will be split from the parcel and is not included within the approved subdivision. The property was zoned R-20 when zoning was initially applied to this area in 1974. In 2006, the property was rezoned to R-15. The zoning in the vicinity consists mostly of residential districts including the R-20, R-15, and AR (Airport Residential) districts. The subject property will adjoin the planned Hanover Lakes subdivision to the south and west. Existing neighborhoods in the area include Sedgefield, which is directly east of the subject property, and Seitter Acres, located to the north. Commercial districts and uses can be found where Castle Hayne Road intersects with 23rd Street and N. Kerr Ave. According to the 2006 CAMA Plan, the site is classified as Transition. The purpose of the Transition classification is to provide for future intensive urban development on lands that have been or will be provided with necessary urban services. STRATEGIC PLAN ALIGNMENT: Intelligent Growth and Economic Development • Attract and retain new and expanding businesses • Implement plans for land use, economic development, infrastructure and environmental programs • Understand and act on citizen needs RECOMMENDED MOTION AND REQUESTED ACTIONS: ITEM: 1 Planning Board - April 14, 2016 Staff recommends approval and suggest the following motion: Motion to recommend approval, as the Planning Board finds that this application for a zoning map amendment of 2.2 acres from R-15, Residential District, to (CZD) O&I, Conditional Office and Institutional District as described is: 1.Consistent with the purposes and intent of the 2006 CAMA Land Use Plan because the property is located on an arterial street and will be served by public water and sewer services, thereby making it suitable for intensive urban development which is encouraged in the Transition Classification. 2.Reasonable and in the public interest because it maximizes the effectiveness of commercial uses by locating them within close proximity to the markets they serve and by ensuring that such commercial uses do not diminish the quality of life of the existing residential communities. Condition: 1.No more than a total of 100 peak hour trips can be generated from the use or combination of uses located within the zoning district. Change of use proposals must be reviewed and approved by the County in order to verify compliance with the zoning district standards. ATTACHMENTS: Z-953 Script for PB Z-953 Petition Summary Z-953 Staff Summary Z-953 Neighbor Properties Map Z-953 Zoning Map Z-953 CAMA Map Z-953 Water-Sewer Map Proposed Site Plan Cover Sheet Z-953 Proposed Site Plan Applicant Materials Cover Page Z-953 Application Package ITEM: 1 Planning Board - April 14, 2016 SCRIPT FOR Conditional Zoning District Application (Z-953, 4/16) Rezoning Request (Z-953, 4/16) – Request by Edward H. Clark of Hanover Lakes LLC, property owner, to rezone 2.2 acres located at the 2100 block of Castle Hayne Road from R-15, Residential District, to (CZD) O&I, Conditional Office and Institutional District, in order to develop an commercial/office building. The property is classified as Transition according to the 2006 CAMA Land Use Plan. 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. Applicant’ s presentation (up to 15 minutes) c. Opponent’s presentation (up to 15 minutes) d. Applicant’s cross examination/rebuttal (up to 5 minutes) e. Opponent’s cross examination/rebuttal (up to 5 minutes) 3. Close the Public Hearing 4. Board discussion 5. At this time, you may ask to either continue the application to a future meeting, or to proceed with this Board deciding whether to recommend approval or denial of the application. What do you wish to do? 6. Vote on the conditional zoning district application. The motion should include a statement saying how the change is, or is not, consistent with the land use plan and why it is, or is not, reasonable and in the public interest. Staff Suggested Motion: Motion to recommend approval, as the Planning Board finds that this application for a zoning map amendment of 2.2 acres from R-15, Residential District, to (CZD) O&I, Conditional Office and Institutional District as described is: 1. Consistent with the purposes and intent of the 2006 CAMA Land Use Plan because the property is located on an arterial street and will be served by public water and sewer services, thereby making it suitable for intensive urban development which is encouraged in the Transition Classification. 2. Reasonable and in the public interest because it maximizes the effectiveness of commercial uses by locating them within close proximity to the markets they serve and by ensuring that such commercial uses do not diminish the quality of life of the existing residential communities. - 1 - 1ITEM: 1 Planning Board - April 14, 2016 Condition: 1. No more than a total of 100 peak hour trips can be generated from the use or combination of uses located within the zoning district. Change of use proposals must be reviewed and approved by the County in order to verify compliance with the zoning district standards. - 1 - 2ITEM: 1 Planning Board - April 14, 2016 Z-953, 4/16 Page 1 of 1 Case Z-953, (4/16) Rezone from R-15, Residential District, to (CZD) O&I, Office & Institutional District Petition Summary Data Parcel Location & Acreage: 2100 Block of Castle Hayne Road, 2.2 acres Petitioner/Owner: Edward H. Clark of Hanover Lakes LLC (Owner) Existing Land Use: Undeveloped Zoning History: July 1, 1974 - Initially zoned R-20 via Area 10A December 4, 2006 – Rezoned to R-15 Land Classification: Transition Water Type: Public Sewer Type: Public Recreation Area: Optimist Park Access: Castle Hayne Road Fire District: New Hanover County North Watershed & Water Quality Classification: Ness Creek (C;Sw) Conservation/Historic/ Archaeological Resources: No known historic or archaeological resources Soils and Septic Suitability: Onslow Loamy Fine Sand (On) - Class II: Moderate Limitation Torhunta Loamy Fine Sand (To) - Class III: Severe Limitation Schools: Wrightsboro Elementary, Holly Shelter Middle, New Hanover High - 2 - 1ITEM: 1 Planning Board - April 14, 2016 Z-953, (4/16) Page 1 of 7 CONDITIONAL ZONING DISTRICT APPLICATION CASE: Z-953, 4/16 PETITIONER: Edward H. Clark with Hanover Lakes LLC, property owner REQUEST: Rezone from R-15, Residential District, to (CZD) O&I, Conditional Office and Institutional District ACREAGE: 2.2 acres LOCATION: 2100 Block of Castle Hayne Road PID: R03300-003-002-000 LAND CLASS: Transition EXISTING CONDITIONS: Existing Zoning and Land Uses The proposed rezoning includes 2.2 acres of a 106.75 acre parcel of land located at the 2100 block of Castle Hayne Road, approximately three quarters of a mile south of the intersection with N. Kerr Avenue. The remaining 104 acres of land within the parcel have recently received preliminary plat approval in order to develop a 231 lot single-family performance residential subdivision currently named Hanover Lakes. The subject 2.2 acres will be split from the parcel and is not included within the approved subdivision. The property was zoned R-20 when zoning was initially applied to this area in 1974. In 2006, the property was rezoned to R-15. The zoning in the vicinity consists mostly of residential districts including the R-20, R-15, and AR (Airport Residential) districts. The subject property will adjoin the planned Hanover Lakes subdivision to the south and west. Existing neighborhoods in the area include Sedgefield, which is directly east of the subject property, and Seitter Acres, located to the north. Commercial districts and uses can be found where Castle Hayne Road intersects with 23rd Street and N. Kerr Ave. - 3 - 1ITEM: 1 Planning Board - April 14, 2016 Z-953, (4/16) Page 2 of 7 Existing Site Conditions The property proposed to be rezoned is currently undeveloped. Community Services Water and Sewer: The property is within the Urban Services boundary, and water and sewer infrastructure is located within the nearby vicinity and will be installed within the Hanover Lakes development. Fire Protection: The property is served by New Hanover County Fire Services and located in the New Hanover County North Fire District. Schools: The property is located within the school districts for Wrightsboro Elementary, Holly Shelter Middle, and New Hanover 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 2.2 acres currently zoned R-15, Residential District, to (CZD) O&I, Conditional Office and Institutional District, in order to develop a 12,970 square foot commercial/office building. STAFF POSITION: Zoning and Subdivision Ordinance Considerations The purpose of the Office and Institutional District shall be to provide areas where institutional uses, professional uses, professional office uses and other uses compatible to uses of an office or institutional nature shall be encouraged to locate and to provide protection for this type land use from encroachment by other less desirable uses. The district’s principle means of ingress and egress shall be along collector roads, minor arterials, and/or major arterials. - 3 - 2ITEM: 1 Planning Board - April 14, 2016 Z-953, (4/16) Page 3 of 7 A conceptual site plan is included as part of the application and is shown below. If this application is approved, the property must be developed in accordance with that plan. Any major modifications proposed to the site plan after it is approved, must be processed as a new rezoning application. The applicant is proposing to develop a 12,970 square foot commercial/office building that may contain multiple tenants. The proposed (CZD) O&I district would limit the number of uses permitted on the property, specifically to the following:  Antenna & Towers less than 70 ft.  Cellular & PCS Antennas Amateur Radio Antennas  Barber/Beauty Shop  Business Services including Printing  Parks & Rec Area Adult Day Care  Child Care Center  Hospitals Residential Care  Libraries  Museums Churches  Labor Organizations  Accessory Buildings or Uses Christmas Tree Sales  Evangelistic and Religious Assemblies not conducted in a church Government offices and buildings  Offices for Private Business and Professional activities  Pumpkin Sales  Principal Use Sign  Special Fund Raising for Non-Profit Organizations  Temporary Sign  Small and Large Recycle facilities Further, the proposed development must also go through the County’s site plan/building permit review process. The process includes the review of the technical standards of the County’s development regulations, including landscaping, buffering, and stormwater requirements. A fully opaque buffer is required along the perimeter of the property to screen the commercial/office use from the adjoining residentially zoned land. As currently shown, the site plan complies with the standards of the Zoning Ordinance. Conceptual Site Plan - 3 - 3ITEM: 1 Planning Board - April 14, 2016 Z-953, (4/16) Page 4 of 7 Traffic The proposed district will limit the allowable uses to ones that do not generate more than 100 peak hour trips. Below are the trip generation calculations for the proposed permitted uses. As the building may contain a combination of uses and tenants, staff is requesting a condition be added to the district that the total number of trips generated from the property cannot exceed 100 peak hour trips, and that change of uses must be reviewed and approved by planning staff. In the event that the trips do exceed this threshold, it would be considered a major modification to the district and will require that a Traffic Impact Analysis be completed and approval from the Board of Commissioners A traffic impact analysis (TIA) was recently completed for the proposed Hanover Lakes subdivision, which adjoins the property to the south and west. That TIA examined Castle Hayne Road’s intersections with N. Kerr Avenue, Spring Road/Site Access, Arlington Drive, and 23rd Street. The TIA determined the Level of Service (LOS) of each intersection based off the delay per vehicle in seconds. The TIA found that only the minor street approaches of the site’s access and Spring Road are expected to operate at a Lev el of Service (LOS) of E or F when Hanover Lakes is expected to be completed in 2018. The other intersections and approaches will operate at an acceptable LOS, ranging from A to D. The TIA was reviewed and approved by NCDOT, the WMPO, and county staff. It required the installation of a center turn lane along that portion of Castle Hayne Road and a deceleration turn lane into the proposed subdivision. The TIA can be found online here: http://laserfiche.nhcgov.com/weblink8/0/doc/3058601/Electronic.aspx The Wilmington Metropolitan Planning Organization (WMPO) also conducted a traffic count at the 2100 block of Castle Hayne Road in 2015. The count yielded an Average Daily Traffic (ADT) of 17,238 trips. Castle Hayne Road has a design capacity of 14,400 daily trips, and therefore it is classified as having an “F” Level of Service (LOS) with a Volume to Capacity Ratio of 1.19. - 3 - 4ITEM: 1 Planning Board - April 14, 2016 Z-953, (4/16) Page 5 of 7 The North Carolina State Transportation Improvement Program has identified a project (U-5863) to widen Castle Hayne Road to multi-lanes. The project is currently funded with right-of-way acquisition tentatively scheduled to begin in 2020 and construction in 2023. Environmental The property does not contain any Special Flood Hazard Areas or Natural Heritage Areas. Possible regulated wetlands have been identified on the property by the applicant. The potential wetland area must be further delineated by the Army Corps of Engineers prior to building permit issuance, however it is outside of the proposed development area. Stormwater management will be reviewed by New Hanover County Engineering and by the NC Department of Environmental Quality. Land Use Plan Considerations According to the 2006 CAMA Plan, the site is classified as Transition. The purpose of the Transition classification is to provide for future intensive urban development on lands that have been or will be provided with necessary urban services. Draft Comprehensive Plan The County is currently going through a process to create a new comprehensive land use plan. The current draft of the new Comprehensive Plan classifies the property as Community Mixed Use on the Future Land Use Map. The Community Mixed Use Place Type focuses on small-scale, compact, mixed use development patterns that promote multimodal travel and act as an attractor for county residents and visitors. These areas share several qualities with higher-intensity mixed use place types, including a combination of ground floor retail with officespace and housing above, wider sidewalks, and an emphasis on streetscaping. However, these centers are generally small, no more than a few square blocks. Civic uses, particularly recreation and public gathering places, are particularly encouraged here. Ideally, large-scale, lower density commercial and industrial developments are prohibited. Office and retail uses are appropriate within the Community Mixed Use Place Type provided they are limited to a maximum of two stories and have a low/moderate density. The proposed building will be - 3 - 5ITEM: 1 Planning Board - April 14, 2016 Z-953, (4/16) Page 6 of 7 one story and have a height of 20 feet, and therefore it does not conflict with the Community Mixed Use Place Type. REVIEW AND ACTION: This request is being facilitated by Section 55.3 – Conditional Zoning District of the County’s Zoning Ordinance, and has been processed and reviewed per Section 110 – Amending the Ordinance. A community meeting was held on Friday, March 4, 2016 in accordance with the requirements for such an application. The applicant has provided a summary of the meeting which includes the concerns and comments brought up by the attendees. Staff recommends approval of the application. Staff concludes that the application is consistent with the requirements of the Zoning and Subdivision Ordinances and also the 2006 Wilmington-New Hanover County CAMA Land Use Plan. Specifically, the property is accessed by an arterial street where nonresidential uses are encouraged to locate. Also, the O&I district prohibits more intensive commercial uses (auto repair, restaurants, contractor services, etc.) that are permitted in the B-1 and B- 2 zoning districts, and is therefore considered to be an appropriate district to transition into residential areas. This proposal also complies with Policy 4.3 of the Land Use Plan: Maximize effectiveness of commercial uses by assuring that land is available for commercial uses within close proximity to the markets they serve and by ensuring that such commercial uses do not diminish the quality of life in nearby residential areas. Action Needed  Motion to recommend approval of the petitioner’s application [with or without agreed upon conditions]  Motion to “table” the application in order to receive more information  Motion to recommend denial of the petitioner’s application based on specific reasons - 3 - 6ITEM: 1 Planning Board - April 14, 2016 Z-953, (4/16) Page 7 of 7 Example Motion for Approval: Motion to recommend approval, as the Planning Board finds that this application for a zoning map amendment of 2.2 acres from R-15, Residential District, to (CZD) O&I, Conditional Office and Institutional District as described 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.]. Conditions: [List any agreed upon conditions] Example Motion for Denial: Motion to recommend denial, as the Planning Board finds that this application for a zoning map amendment of 2.2 acres from R-15, Residential District, to (CZD) O&I, Conditional Office and Institutional District as described 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 approval, as the Planning Board finds that this application for a zoning map amendment of 2.2 acres from R-15, Residential District, to (CZD) O&I, Conditional Office and Institutional District as described is: 1. Consistent with the purposes and intent of the 2006 CAMA Land Use Plan because the property is located on an arterial street and will be served by public water and sewer services, thereby making it suitable for intensive urban development which is encouraged in the Transition Classification. 2. Reasonable and in the public interest because it maximizes the effectiveness of commercial uses by locating them within close proximity to the markets they serve and by ensuring that such commercial uses do not diminish the quality of life of the existing residential communities. Condition: 1. No more than a total of 100 peak hour trips can be generated from the use or combination of uses located within the zoning district. Change of use proposals must be reviewed and approved by the County in order to verify compliance with the zoning district standards. - 3 - 7ITEM: 1 Planning Board - April 14, 2016 0 16 14 2 1 13 10 22 17 20 9 8 3 5 46 7 18 15 231112 21 19 BLU E C L A Y R D CA S T L E H A Y N E R D HALL D R ARLINGTON DR YORKTOWN DR CARL SEITTE R D R PILGRIM C I R JAMAICA D R BERMUD A D R RAQUETTE L A K E D R HA N O V E R L A K E S D R HERITAG E P A R K D R SP R I N G R D GAR D N E R D R OL I V E S T EM I L Y S T FAIRFIEL D D R FOREST LN DA N I E S T FU L B R I G H T S T CASTLE CREEK LN ONEIDA LAKE R D 1,000 Feet®HNC Z-953 R-20 R-15 A-I AR B-2 B-1 O&I Z-953 Case: Conditional Zoning District Request: Z-953 Existing Zoning/Use: Proposed Zoning/Use:Site Address: 2100 BlockCastle Hayne Rd R-15/Undeveloped O&I/Commercial/Office Zoning ! ! ! !!!!!!!!!!! ! ! ! !!!!!!!!!!! Case SiteNeighboring Parcels Parcels within 500 Feet of Case Site IDPhysical Address02111 CASTLE HAYNE RD12104 CASTLE HAYNE RD22110 CASTLE HAYNE RD3110 JAMAICA DR4118 BERMUDA DR5106 BERMUDA DR6114 BERMUDA DR7102 BERMUDA DR8106 JAMAICA DR9106 JAMAICA DR102131 CASTLE HAYNE RD11105 BERMUDA DR12109 BERMUDA DR13101 SPRING RD142123 CASTLE HAYNE RD15110 BERMUDA DR162207 CASTLE HAYNE RD172207 CASTLE HAYNE RD18101 BERMUDA DR192116 CASTLE HAYNE RD202120 CASTLE HAYNE RD21139 SPRING RD222114 CASTLE HAYNE RD23113 BERMUDA DR - 4 - 1ITEM: 1 Planning Board - April 14, 2016 A-I R-20 R-15 AR B-2 B-1 O&I BLU E C L A Y R D CA S T L E H A Y N E R D HALL D R ARLINGTON DR YORKTOWN DR CARL SEITTE R D R PILGRIM C I R JAMAICA D R BERMUD A D R RAQUETTE L A K E D R HA N O V E R L A K E S D R HERITAG E P A R K D R SP R I N G R D OL I V E S T EM I L Y S T FAIRFIEL D D R GAR D N E R D R DA N I E S T FU L B R I G H T S T ONEIDA LAKE R D 1,000 Feet®HNC Z-953 Case: ConditionalZoning District Request: Z-953 Existing Zoning/Use: Proposed Zoning/Use:Site Address: 2100 BlockCastle Hayne Rd R-15/Undeveloped O&ICommercial Office A-I A-I CD AR B-1 B-1 CD B-2 B-2 CD EDZD I-1 I-1 CD I-2 O&I O&I CD PD R-10 R-10 CD R-15 R-15 CD R-20 R-20 CD R-20S R-7 CD RA RFMU SC Zoning Districts Incorporated Areas SHOD - 5 - 1ITEM: 1 Planning Board - April 14, 2016 Transition Conservation AreaAquifer Resource Protection Area BLU E C L A Y R D CA S T L E H A Y N E R D HALL D R ARLINGTON DR YORKTOWN DR CARL SEITTE R D R PILGRIM C I R JAMAICA D R BERMUD A D R RAQUETTE L A K E D R HA N O V E R L A K E S D R HERITAG E P A R K D R SP R I N G R D OL I V E S T EM I L Y S T FAIRFIEL D D R GAR D N E R D R DA N I E S T FU L B R I G H T S T CASTLE CREEK LN ONEIDA LAKE R D 1,000 Feet®HNC Z-953 Case: Conditional Zoning District Request: Z-953 Existing Zoning/Use: Proposed Zoning/Use:Site Address: 2100 BlockCastle Hayne Rd R-15/Undeveloped O&ICommercial Office CAMA Classifications Conservation Area Natual Heritage Resource Protection Area Aquifer Resource Protection Area Watershed Resource Protection Wetland Resource Protection Area Urban Transition Community Rural- 6 - 1ITEM: 1 Planning Board - April 14, 2016 BLU E C L A Y R D CA S T L E H A Y N E R D HALL D R ARLINGTON DR YORKTOWN DR CARL SEITTE R D R PILGRIM C I R JAMAICA D R BERMUD A D R RAQUETTE L A K E D R HA N O V E R L A K E S D R HERITAG E P A R K D R SP R I N G R D OL I V E S T EM I L Y S T FAIRFIEL D D R GAR D N E R D R DA N I E S T FU L B R I G H T S T CASTLE CREEK LN ONEIDA LAKE R D 1,000 Feet®HNC Notice:Utility lines are generalized and are only to show the relationship to the subject property and should not be relied on for other purposes. New Hanover County and the Cape Fear Public Utility Authorityare not responsible for the accuracy of this information Z-953 Sewer Collector Water Distribution Main Urban Services Area Case: ConditionalZoning District Request: Z-953 Existing Zoning/Use: Proposed Zoning/Use:Site Address: 2100 BlockCastle Hayne Rd R-15/Undeveloped O&ICommercial Office MARKET ST ^ I-140 I-14 0 I- 4 0 RIVE R R D U S H W Y 4 2 1 C A R O L I N A B E A C H SIDBURY RD MARK E T S T C A S T L E H A Y N E R D BLUE C L A Y R D CO L L E G E R D S HOLLY SHE L T E R R D OLEANDER DR EAST W O O D R D SHIPYARD BLV I- 4 0 E R I V E R R D DO W R D S WHI T E R D BEA C H R D S *Site In USB* Urban Services Area - 7 - 1ITEM: 1 Planning Board - April 14, 2016 PROPOSED SITE PLAN - 8 - 1ITEM: 1 Planning Board - April 14, 2016 - 9 - 1 IT E M : 1 Pl a n n i n g B o a r d - A p r i l 1 4 , 2 0 1 6 APPLICANT MATERIALS - 10 - 1ITEM: 1 Planning Board - April 14, 2016 - 1 1 - 1 IT E M : 1 Pl a n n i n g B o a r d - A p r i l 1 4 , 2 0 1 6 - 1 1 - 2 IT E M : 1 Pl a n n i n g B o a r d - A p r i l 1 4 , 2 0 1 6 - 1 1 - 3 IT E M : 1 Pl a n n i n g B o a r d - A p r i l 1 4 , 2 0 1 6 - 1 1 - 4 IT E M : 1 Pl a n n i n g B o a r d - A p r i l 1 4 , 2 0 1 6 - 1 1 - 5 IT E M : 1 Pl a n n i n g B o a r d - A p r i l 1 4 , 2 0 1 6 - 1 1 - 6 IT E M : 1 Pl a n n i n g B o a r d - A p r i l 1 4 , 2 0 1 6 - 1 1 - 7 IT E M : 1 Pl a n n i n g B o a r d - A p r i l 1 4 , 2 0 1 6 - 1 1 - 8 IT E M : 1 Pl a n n i n g B o a r d - A p r i l 1 4 , 2 0 1 6 - 1 1 - 9 IT E M : 1 Pl a n n i n g B o a r d - A p r i l 1 4 , 2 0 1 6 - 1 1 - 1 0 IT E M : 1 Pl a n n i n g B o a r d - A p r i l 1 4 , 2 0 1 6 - 1 1 - 1 1 IT E M : 1 Pl a n n i n g B o a r d - A p r i l 1 4 , 2 0 1 6 - 1 1 - 1 2 IT E M : 1 Pl a n n i n g B o a r d - A p r i l 1 4 , 2 0 1 6 - 1 1 - 1 3 IT E M : 1 Pl a n n i n g B o a r d - A p r i l 1 4 , 2 0 1 6 - 1 1 - 1 4 IT E M : 1 Pl a n n i n g B o a r d - A p r i l 1 4 , 2 0 1 6 - 1 1 - 1 5 IT E M : 1 Pl a n n i n g B o a r d - A p r i l 1 4 , 2 0 1 6 - 1 1 - 1 6 IT E M : 1 Pl a n n i n g B o a r d - A p r i l 1 4 , 2 0 1 6 NEW HANOVER COUNTY PLANNING BOARD REQUEST FOR BOARD ACTION MEETING DATE: April 14, 2016 REGULAR ITEM: DEPARTMENT: PRESENTER(S): Brad Schuler, Current Planner CONTACT(S): SUBJECT: Public Hearing Rezoning Request (Z-954, 4/16) – Request by Design Solutions, on behalf of the property owner, Nix Investments 2 LLC, to rezone 0.58 acres located at the 2415 Castle Hayne Road from R-15, Residential District, to (CZD) B-2, Conditional Highway Business District, in order to develop a mini-warehouse building. The property is classified as Transition according to the 2006 CAMA Land Use Plan. BRIEF SUMMARY: The property proposed to be rezoned is a 0.58 acre parcel of land located at 2415 Castle Hayne Road, approximately one quarter mile south of the intersection with N. Kerr Avenue. The property was zoned R-15 when zoning was initially applied to this area in 1974. The zoning in the vicinity consists of a mixture of commercial and residential districts. The commercial districts, including B-2, B-1, and O&I, are located along Castle Hayne Road, and create a commercial node around the road’s intersection with N. Kerr Avenue. The subject property is adjacent to land currently zoned B-2. The commercial uses include a mixture of office, warehouse, retail, and restaurant uses. Residential zoning is located directly north and west of the subject property, containing existing and proposed residential subdivisions. The subject property abuts Chadwick Acres, while Riverside, a proposed performance residential subdivision, is located further north. According to the 2006 CAMA Plan, the site is classified as Transition. The purpose of the Transition classification is to provide for future intensive urban development on lands that have been or will be provided with necessary urban services. STRATEGIC PLAN ALIGNMENT: Intelligent Growth and Economic Development • Attract and retain new and expanding businesses • Implement plans for land use, economic development, infrastructure and environmental programs • Understand and act on citizen needs RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff is recommending approval and suggests the following motion: ITEM: 2 Planning Board - April 14, 2016 Motion to recommend approval, as the Planning Board finds that this application for a zoning map amendment of 0.58 acres from R-15, Residential District, to (CZD) B-2, Conditional Highway Business District as described is: 1. Consistent with the purposes and intent of the 2006 CAMA Land Use Plan because the Transition classification provides for intense urban development in areas with urban services and because the plan encourages commercial development to occur on major thoroughfares in the County. 2. Reasonable and in the public interest because it maximizes the effectiveness of commercial uses by locating them within close proximity to the markets they serve and by ensuring that such commercial uses do not diminish the quality of life of the existing residential communities. Condition: 1.Existing vegetation must remain within the bufferyards and be supplemented as necessary to provide the 100% visual opacity requirement. ATTACHMENTS: Z-954 Script for PB Z-954 Petition Summary Z-954 Staff Summary Z-954 Neighbor Property Owners Map Z-954 Zoning Map Z-954 CAMA Map Z-954 Water-Sewer Map Proposed Site Plan Cover Sheet Z-954 Proposed Site Plan Applicant Materials Cover Page Z-954 Application Package ITEM: 2 Planning Board - April 14, 2016 SCRIPT FOR Conditional Zoning District Application (Z-954, 4/16) Rezoning Request (Z-954, 4/16) – Request by Design Solutions, on behalf of the property owner, Nix Investments 2 LLC, to rezone 0.58 acres located at the 2415 Castle Hayne Road from R-15, Residential District, to (CZD) B-2, Conditional Highway Business District, in order to develop a mini-warehouse building. The property is classified as Transition according to the 2006 CAMA Land Use Plan. 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. Applicant’ s presentation (up to 15 minutes) c. Opponent’s presentation (up to 15 minutes) d. Applicant’s cross examination/rebuttal (up to 5 minutes) e. Opponent’s cross examination/rebuttal (up to 5 minutes) 3. Close the Public Hearing 4. Board discussion 5. At this time, you may ask to either continue the application to a future meeting, or to proceed with this Board deciding whether to recommend approval or denial of the application. What do you wish to do? 6. Vote on the conditional zoning district application. The motion should include a statement saying how the change is, or is not, consistent with the land use plan and why it is, or is not, reasonable and in the public interest. Staff Suggested Motion: Motion to recommend approval, as the Planning Board finds that this application for a zoning map amendment of 0.58 acres from R-15, Residential District, to (CZD) B-2, Conditional Highway Business District as described is: 1. Consistent with the purposes and intent of the 2006 CAMA Land Use Plan because the Transition classification provides for intense urban development in areas with urban services and because the plan encourages commercial development to occur on major thoroughfares in the County. 2. Reasonable and in the public interest because it maximizes the effectiveness of commercial uses by locating them within close proximity to the markets they serve and by ensuring that such commercial uses do not diminish the quality of life of the existing residential communities. Condition: 1. Existing vegetation must remain within the rear buffer and be supplemented as necessary to provide the 100% visual opacity requirement. - 1 - 1ITEM: 2 Planning Board - April 14, 2016 Z-954, 4/16 Page 1 of 1 Case Z-954, (4/16) Rezone from R-15, Residential District, to (CZD) B-2, Highway Business District Petition Summary Data Parcel Location & Acreage: 2415 Castle Hayne Road, 0.58 acres Petitioner/Owner: Cindee Wolf, Design Solutions (Applicant) Nix Investments 2, LLC (Owner) Existing Land Use: Undeveloped Zoning History: July 1, 1974 - Initially zoned R-15 via Area 10A Land Classification: Transition Water Type: Public water is available, however the proposed use does not plan to utilize any public water services Sewer Type: The proposed use does not intend on utilizing any sewer or septic services Recreation Area: Optimist Park Access: Castle Hayne Road Fire District: New Hanover County North Watershed & Water Quality Classification: Ness Creek (C;Sw) Conservation/Historic/ Archaeological Resources: No known historic or archaeological resources Soils and Septic Suitability: Lynchburg Fine Sand (Ls) - Class II: Moderate Limitation Wrightsboro Fine Sandy Loam (Wr) - Class II: Moderate Limitation Schools: Wrightsboro Elementary, Holly Shelter Middle, New Hanover High - 2 - 1ITEM: 2 Planning Board - April 14, 2016 Z-954, (4/16) Page 1 of 6 CONDITIONAL ZONING DISTRICT APPLICATION CASE: Z-954, 4/16 PETITIONER: Cindee Wolf of Design Solutions, applicant Nix Investments 2 LLC, property owner REQUEST: Rezone from R-15, Residential District, to (CZD) B-2, Conditional Highway Business District ACREAGE: 0.58 acres LOCATION: 2415 Castle Hayne Road PID: R03315-005-003-000 LAND CLASS: Transition EXISTING CONDITIONS: Existing Zoning and Land Uses The property proposed to be rezoned is a 0.58 acre parcel of land located at 2415 Castle Hayne Road, approximately one quarter mile south of the intersection with N. Kerr Avenue. The property was zoned R-15 when zoning was initially applied to this area in 1974. The zoning in the vicinity consists of a mixture of commercial and residential districts. The commercial districts, including B-2, B-1, and O&I, are located along Castle Hayne Road, and create a commercial node around the road’s intersection with N. Kerr Avenue. The subject property is adjacent to land currently zoned B-2. The commercial uses include a mixture of office, warehouse, retail, and restaurant uses. Residential zoning is located directly north and west of the subject property, containing existing and proposed residential subdivisions. The subject property abuts Chadwick Acres, while Riverside, a proposed performance residential subdivision, is located further north. - 3 - 1ITEM: 2 Planning Board - April 14, 2016 Z-954, (4/16) Page 2 of 6 Existing Site Conditions The property proposed to be rezoned is currently undeveloped. Community Services Water and Sewer: The property is within the Urban Services boundary, and water service is located within the nearby vicinity. However, the applicant does not intend to connect the proposed building to any water or sewer service (including well and septic). Fire Protection: The property is served by New Hanover County Fire Services and located in the New Hanover County North Fire District. Schools: The property is located within the school districts for Wrightsboro Elementary, Holly Shelter Middle, and New Hanover High schools, however the proposed use will not have any impacts on the school system. 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 0.58 acres currently zoned R-15, Residential District, to (CZD) B-2, Conditional Highway Business District, in order to develop a 9,000 square foot mini-warehouse building. STAFF POSITION: Zoning and Subdivision Ordinance Considerations The purpose of the Highway Business District shall be to provide for the proper grouping of development of roadside business uses which will best accommodate the needs of the motoring public and businesses demanding high volume traffic. The district’s principle means of ingress and egress shall be along collector roads, minor arterials, and/or major arterials. - 3 - 2ITEM: 2 Planning Board - April 14, 2016 Z-954, (4/16) Page 3 of 6 A conceptual site plan is included as part of the application and is shown below. If this application is approved, the property must be developed in accordance with the site plan. The applicant is proposing to develop a 9,000 square foot mini-warehouse building. Further, the proposed development must also go through the County’s site plan/building permit review process. The process includes the review of the technical standards of the County’s development regulations, including landscaping, buffering, and stormwater requirements. A fully opaque buffer is required along the perimeter of the property to screen the commercial use from the adjoining residentially zoned land. As currently shown, the site plan complies with the standards of the Zoning Ordinance. Conceptual Site Plan Traffic The proposed development will generate one trip in the AM peak, and two trips in the PM peak. Because the trips do not exceed 100 in the peak hours, a Traffic Impact Analysis (TIA) is not required to be completed. A traffic impact analysis (TIA) was recently completed for the proposed Riverside subdivision, which is located to the north of the subject property. That TIA examined Castle Hayne Road’s intersection with N. Kerr Avenue, and determined that it will operate at a Level of Service (LOS) of “C” in the AM peak and “D” in the PM peak when the subdivision is expected to be completed in 2019. The TIA based the LOS on delay per vehicle in seconds. The TIA can be found online here: http://laserfiche.nhcgov.com/weblink8/0/doc/3058601/Electronic.aspx - 3 - 3ITEM: 2 Planning Board - April 14, 2016 Z-954, (4/16) Page 4 of 6 The Wilmington Metropolitan Planning Organization (WMPO) also conducted a traffic count at the 2400 block of Castle Hayne Road in 2015. The count yielded an Average Daily Traffic (ADT) of 17,238 trips. Castle Hayne Road has a design capacity of 14,400 daily trips, and therefore it is classified as having an “F” Level of Service (LOS) with a Volume to Capacity Ratio of 1.19. The North Carolina State Transportation Improvement Program has identified a project (U-5863) to widen Castle Hayne Road to multi-lanes. The project is currently funded with right-of-way acquisition tentatively scheduled to begin in 2020 and construction in 2023. Environmental The property does not contain any Special Flood Hazard Areas or Natural Heritage Areas. Stormwater management will be reviewed by New Hanover County Engineering. Land Use Plan Considerations According to the 2006 CAMA Plan, the site is classified as Transition. The purpose of the Transition classification is to provide for future intensive urban development on lands that have been or will be provided with necessary urban services. Draft Comprehensive Plan The County is currently going through a process to create a new comprehensive land use plan. The current draft of the new Comprehensive Plan classifies the property as Community Mixed Use on the Future Land Use Map. The Community Mixed Use Place Type focuses on small-scale, compact, mixed use development patterns that promote multimodal travel and act as an attractor for county residents and visitors. These areas share several qualities with higher-intensity mixed use place types, including a combination of ground floor retail with officespace and housing above, wider sidewalks, and an emphasis on streetscaping. However, these centers are generally small, no more than a few square blocks. Civic uses, particularly recreation and public gathering places, are particularly encouraged here. Ideally, large-scale, lower density commercial and industrial developments are prohibited. - 3 - 4ITEM: 2 Planning Board - April 14, 2016 Z-954, (4/16) Page 5 of 6 Commercial uses are appropriate within the Community Mixed Use Place Type provided they are limited to a maximum of two stories and have a low/moderate density. The proposed building will be one story and have a height of 10 feet, and therefore it does not conflict with the Community Mixed Use Place Type. REVIEW AND ACTION: This request is being facilitated by Section 55.3 – Conditional Zoning District of the County’s Zoning Ordinance, and has been processed and reviewed per Section 110 – Amending the Ordinance. A community meeting was held on Tuesday, March 1, 2016 in accordance with the requirements for such an application. The applicant has provided a summary of the meeting which includes the concerns and comments brought up by the attendees. Staff recommends approval of the application. Staff concludes that the application is consistent with the requirements of the Zoning Ordinance and also the 2006 Wilmington-New Hanover County CAMA Land Use Plan. Specifically, the property is accessed by an arterial street where nonresidential uses are encouraged to locate. Also, the proposal is essentially expanding an existing B-2 district and business. This proposal also complies with Policy 4.3 of the Land Use Plan: Maximize effectiveness of commercial uses by assuring that land is available for commercial uses within close proximity to the markets they serve and by ensuring that such commercial uses do not diminish the quality of life in nearby residential areas. Action Needed  Motion to recommend approval of the petitioner’s application [with or without agreed upon conditions]  Motion to “table” the application in order to receive more information  Motion to recommend denial of the petitioner’s application based on specific reasons - 3 - 5ITEM: 2 Planning Board - April 14, 2016 Z-954, (4/16) Page 6 of 6 Example Motion for Approval: Motion to recommend approval, as the Planning Board finds that this application for a zoning map amendment of 0.58 acres from R-15, Residential District, to (CZD) B-2, Conditional Highway Business District as described 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.]. Conditions: [List any agreed upon conditions] Example Motion for Denial: Motion to recommend denial, as the Planning Board finds that this application for a zoning map amendment of 0.58 acres from R-15, Residential District, to (CZD) B-2, Conditional Highway Business District as described 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 approval, as the Planning Board finds that this application for a zoning map amendment of 0.58 acres from R-15, Residential District, to (CZD) B-2, Conditional Highway Business District as described is: 1. Consistent with the purposes and intent of the 2006 CAMA Land Use Plan because the Transition classification provides for intense urban development in areas with urban services and because the plan encourages commercial development to occur on major thoroughfares in the County. 2. Reasonable and in the public interest because it maximizes the effectiveness of commercial uses by locating them within close proximity to the markets they serve and by ensuring that such commercial uses do not diminish the quality of life of the existing residential communities. Condition: 1. Existing vegetation must remain within the bufferyards and be supplemented as necessary to provide the 100% visual opacity requirement. - 3 - 6ITEM: 2 Planning Board - April 14, 2016 16 24 9 2 10 8 25 729 28 26 31 17 0 12 320 5 221915 11 35 2123 3234 27 3314 1 6 30 4 18 13 KERR AVE N BLU E C L A Y R D CA S T L E H A Y N E R D CHADWICK AVE PILGRIM C I R HORNE PLACE DR RIVERSIDE DR CARL SEITTE R D R HERITAG E P A R K D R OL I V E S T HARNETT AVE TRIBU T A R Y C I R PRIVATE EM I L Y S T JAMAICA D R DA N I E S T GARD N E R D R B E A V E R D A M L N FU L B R I G H T S T R A P I D S C T DELTA CT CASTLE CREEK LN CUR R E N T C T PR I V A T E 1,000 Feet®HNC Z-954 R-15 R-20 A-I AR B-2 SC B-1 O&I Z-954 Case: Conditional Zoning District Request: Z-954 Existing Zoning/Use: Proposed Zoning/Use:Site Address: 2415 Castle Hayne Rd R-15/Undeveloped (CZD) B-2/Self Storage Zoning Parcels within 500 Feet of Case Site ! ! ! !!!!!!!!!!! ! ! ! !!!!!!!!!!! Case SiteNeighboring Parcels IDPhysical Address02415 CASTLE HAYNE RD22405 CASTLE HAYNE RD32505 CASTLE HAYNE RD42505 CASTLE HAYNE RD52511 CASTLE HAYNE RD62504 CASTLE HAYNE RD72705 CASTLE CREEK LN82422 CASTLE HAYNE RD93508 HARNETT AVE102525 CASTLE HAYNE RD112516 CASTLE HAYNE RD122523 CASTLE HAYNE RD132515 CASTLE HAYNE RD14113 CHADWICK AVE15114 CHADWICK AVE162323 CASTLE HAYNE RD172319 CASTLE HAYNE RD182501 CASTLE HAYNE RD19112 CHADWICK AVE20107 CHADWICK AVE21104 CHADWICK AVE222419 CASTLE HAYNE RD23108 CHADWICK AVE242720 CASTLE CREEK LN252400 CASTLE HAYNE RD262400 CASTLE HAYNE RD27110 CHADWICK AVE282403 CASTLE HAYNE RD292411 CASTLE HAYNE RD302508 CASTLE HAYNE RD310 CASTLE HAYNE RD322512 CASTLE HAYNE RD33111 CHADWICK AVE34109 CHADWICK AVE35106 CHADWICK AVE - 4 - 1ITEM: 2 Planning Board - April 14, 2016 R-15 A-I R-20 AR B-2 SC B-1 O&I B-1 CD KERR AVE N CA S T L E H A Y N E R D CHADWICK AVE BLU E C L A Y R D PILGRIM C I R CARL SEITTE R D R RIVERSIDE DR HORNE PLACE DR HERITAG E P A R K D R TRIBUTARY CIR OL I V E S T HARNETT AVE JAMAICA D R PRIVATE EM I L Y S T DELTA CT DA N I E S T B E A V E R D A M L N FU L B R I G H T S T R A P I D S C T CUR R E N T C T PR I V A T E 1,000 Feet®HNC Z-954 Case: Conditional Zoning District Request: Z-954 Existing Zoning/Use: Proposed Zoning/Use:Site Address: 2415 Castle Hayne Rd R-15/Undeveloped (CZD) B-2/Self Storage A-I A-I CD AR B-1 B-1 CD B-2 B-2 CD EDZD I-1 I-1 CD I-2 O&I O&I CD PD R-10 R-10 CD R-15 R-15 CD R-20 R-20 CD R-20S R-7 CD RA RFMU SC Zoning Districts Incorporated Areas SHOD - 5 - 1ITEM: 2 Planning Board - April 14, 2016 Transition Conservation Area Aquifer Resource Protection Area KERR AVE N BLU E C L A Y R D CA S T L E H A Y N E R D CHADWICK AVE PILGRIM C I R HORNE PLACE DR RIVERSIDE DR CARL SEITTE R D R HERITAG E P A R K D R OL I V E S T HARNETT AVE TRIBU T A R Y C I R PRIVATE EM I L Y S T JAMAICA D R DA N I E S T GARD N E R D R B E A V E R D A M L N FU L B R I G H T S T R A P I D S C T DELTA CT CUR R E N T C T PR I V A T E 1,000 Feet®HNC Z-954 Case: Conditional Zoning District Request: Z-954 Existing Zoning/Use: Proposed Zoning/Use:Site Address: 2415 Castle Hayne Rd R-15/Undeveloped (CZD) B-2/Self Storage CAMA Classifications Conservation Area Natual Heritage Resource Protection Area Aquifer Resource Protection Area Watershed Resource Protection Wetland Resource Protection Area Urban Transition Community Rural - 6 - 1ITEM: 2 Planning Board - April 14, 2016 KERR AVE N CA S T L E H A Y N E R D CHADWICK AVE BLU E C L A Y R D PILGRIM C I R CARL SEITTE R D R RIVERSIDE DR HORNE PLACE DR HERITAG E P A R K D R TRIBUTARY CIR OL I V E S T HARNETT AVE JAMAICA D R PRIVATE EM I L Y S T DELTA CT DA N I E S T B E A V E R D A M L N FU L B R I G H T S T R A P I D S C T CASTLE CREEK LN CUR R E N T C T PR I V A T E 1,000 Feet®HNC Notice:Utility lines are generalized and are only to show the relationship to the subject property and should not be relied on for other purposes. New Hanover County and the Cape Fear Public Utility Authorityare not responsible for the accuracy of this information Z-954 Sewer Collector Water Distribution Main Urban Services Area Case: Conditional Zoning District Request: Z-954 Existing Zoning/Use: Proposed Zoning/Use:Site Address: 2415 Castle Hayne Rd R-15/Undeveloped (CZD) B-2/Self Storage MARKET ST ^ I-140 I-14 0 I- 4 0 RIVE R R D U S H W Y 4 2 1 C A R O L I N A B E A C H SIDBURY RD MARK E T S T C A S T L E H A Y N E R D BLUE C L A Y R D CO L L E G E R D S HOLLY SHE L T E R R D OLEANDER DR EAST W O O D R D SHIPYARD BLV I- 4 0 E R I V E R R D DO W R D S WHI T E R D BEA C H R D S *Site In USB* Urban Services Area - 7 - 1ITEM: 2 Planning Board - April 14, 2016 PROPOSED SITE PLAN - 8 - 1ITEM: 2 Planning Board - April 14, 2016 - 9 - 1ITEM: 2 Planning Board - April 14, 2016 APPLICANT MATERIALS - 10 - 1ITEM: 2 Planning Board - April 14, 2016 Page 1 of 3 04/14 Petitioner Information Property Owner(s) If different than Petitioner Subject Property Name Owner Name Address Company Owner Name 2 Parcel ID(s) Address Address Area City, State, Zip City, State, Zip Existing Zoning and Use Phone Phone Proposed Use Email Email Land Classification Application Tracking Information (Staff Only) Case Number Date/Time received:Received by: NEW HANOVER COUNTY PLANNING & INSPECTIONS Application for CONDITIONAL ZONING DISTRICT T 230 Government Center Drive Suite 110 Wilmington, NC 28403 910-798-7165 phone 910-798-7053 fax www.nhcgov.com APPLICATION OVERVIEW In order to assist petitioners through the rezoning process, petitioners are highly encouraged to attend a pre-application conference prior to application submittal. Petitioners are requested to review the sections of the Zoning Ordinance specific to zoning amendments and conditional zoning districts prior to submission, and advised to contact Planning Staff with any questions. The following sections of the Zoning Ordinance pertain specifically to zoning amendments and conditional zoning districts: •Section 55.3: Conditional Zoning Districts •Section 110: Amending the Ordinance •Section 111: Petitions •Section 112: Approval Process Applications for zoning amendments must first be considered by the New Hanover County Planning Board at a public hearing. The Planning Board will make a recommendation to the County Commissioners which will take final action on the permit application in a quasi-judicial public hearing. Attendance at all public hearings is required. The public hearings will allow staff, the applicant, proponents and opponents to testify in regards to the request. Unless otherwise published or announced, Planning Board meetings are held on the first Thursday of each month at 6:00PM in the Commissioner's Assembly Room at the Historic County Courthouse located at Third and Princess Streets, Wilmington, North Carolina. All meeting dates and application deadlines are published on the New Hanover County Planning website. CindeeWolf NixInvestments2,L.L.C.2415CastleHayneRoad DesignSolutions 312911.56.5566 POBox7221 1121MilitaryCutoffRd.,SteC364 0.58ac.+/- Wilmington,NC28406 Wilmington,NC28405 R-15/Vacant 910-620-2374 910-616-0022/StephenNix B-2(CD)Self-Storage cwolf@lobodemar.biz snix@tigeruc.com Transition PrintForm - 11 - 1ITEM: 2 Planning Board - April 14, 2016 - 11 - 2ITEM: 2 Planning Board - April 14, 2016 - 11 - 3ITEM: 2 Planning Board - April 14, 2016 - 11 - 4ITEM: 2 Planning Board - April 14, 2016 - 1 1 - 5 IT E M : 2 Pl a n n i n g B o a r d - A p r i l 1 4 , 2 0 1 6 Legal Description for Rezoning of 2415 Castle Hayne Road Beginning at a point in the western boundary of Castle Hayne Road (S.R. 2812), a 100’ public right-of-way; said point being located 73.08 feet southwest along the right-of-way from its intersection with the southern boundary of Chadwick Avenue (S.R. 1317), a 60’ public right-of-way; and running thence from the point of beginning, with the Castle Hayne Road right-of-way, South 21032’25” West, 90.30 feet to a point; thence leaving the road right-of-way, North 73034’37” West, 298.88 feet to a point; thence, North 23032’44” East, 86.95 feet to a point; thence South 74018’30” East, 287.18 feet to the point and place of beginning, containing 0.58 acres, more or less. - 11 - 6ITEM: 2 Planning Board - April 14, 2016 - 11 - 7ITEM: 2 Planning Board - April 14, 2016 REPORT OF COMMUNITY MEETING REQUIRED BY NEW HANOVER COUNTY ZONING ORIDINANCE FOR CONDITIONAL DISTRICT REZONINGS Location: 2415 Castle Hayne Road Proposed Zoning: Conditional Zoning District B-2 (CD) The undersigned hereby certifies that written notice of a community meeting on the above zoning application was given to the adjacent property owners set forth on the attached list by first class mail on __February 20, 2016_____, and emailed to all parties registered on the County’s “Sunshine List” on February 20, 2016 . A copy of the written notice is also attached. The meeting was held at the following time and place: Tuesday, March 1, 2016; 6:15 p.m.; New Hanover County Conference Center; 1241 Military Cutoff Rd. The persons in attendance at the meeting were: Reference Attached Sign-in List The following issues were discussed at the meeting: ** A project introduction was given with an overview of Conditional Zoning Districts and of the site layout. It was explained that this would be climate-control storage with only interior doors, and that there would be no vehicular access around the rear of the building. ** Several neighbors discussed the drainage patterns & issues in the vicinity. An explanation of how this project’s runoff would drain to the existing ditch was given. ** Including a security fence, along with the required vegetative buffering, along the common boundary with the Meadows residence was agreed to. As a result of the meeting, the following changes were made to the rezoning petition: Site plan was revised to show security fencing along the northern boundary. Date: March 3, 2016 Applicant: Design Solutions By: Cindee Wolf - 11 - 8ITEM: 2 Planning Board - April 14, 2016 - 11 - 9ITEM: 2 Planning Board - April 14, 2016 Owner Owner Address Owner City BYRD DAVID WINSTON JR 2403 CASTLE HAYNE RD      WILMINGTON, NC 28401 CHADWICK ROBERT A JR SYLVIA B2505 CASTLE HAYNE RD      WILMINGTON, NC 28401 CHAMBERS VICTORIA DE LA RUPELLA206 ST LUKE CT      WILMINGTON, NC 28409 CHR PROPERTIES LLC 7918 CUMBERLAND PL      WILMINGTON, NC 28411 ENNIS EDWIN I 3508 HARNETT AVE      WILMINGTON, NC 28401 ENNIS EDWIN I JR NANCY R 2545 CASTLE HAYNE RD      WILMINGTON, NC 28401 FILIPPINI FAMILY LTD PTNRP PO BOX 902 WRIGHTSVILLE BCH, NC 28480 GALLAN VACATION PROPERTIES LLCPO BOX 1726 WILMINGTON, NC 28402 HARKER BOBBY D SYLVIA 115 CHADWICK AVE      WILMINGTON, NC 28401 HERRING BENNIE FRANK MARTHA K114 CHADWICK AVE      WILMINGTON, NC 28401 JORDAN ROBERT H JR ETAL PO BOX 610 LENOIR, NC 28645 KINGREY SANDRA EDITH 135 PILGRIM CIR      WILMINGTON, NC 28401 LEE TRACY P 2501 CASTLE HAYNE RD      WILMINGTON, NC 28401 LIENHOP CHRISTOPHER 112 CHADWICK AVE      WILMINGTON, NC 28403 MATZKE ERIC J BETTY J FAMILY TRUST107 CHADWICK AVE      WILMINGTON, NC 28401 MCBRIDE SYBEL B HRS 104 CHADWICK AVE      WILMINGTON, NC 28401 MEADOWS LAURIE ANNE 2419 CASTLE HAYNE RD      WILMINGTON, NC 28401 MERRITT PATRICIA P 108 CHADWICK AVE      WILMINGTON, NC 28401 MILLER BILLY EARL DOROTHY B137 HERITAGE PARK DR      WILMINGTON, NC 28401 MILLER GARY B ETAL 2400 CASTLE HAYNE RD      WILMINGTON, NC 28401 NEWTON BRENT JOEL ETAL 110 CHADWICK AVE      WILMINGTON, NC 28401 NIX INVESTMENTS 2 LLC 1121 MILITARY CUTOFF RD SUITE C‐364WILMINGTON, NC 28405 NORMAN BRANDON FLOYD 2508 CASTLE HAYNE RD      WILMINGTON, NC 28401 PHILLIPS F DONALD JR NANCY K143 BLUFF OAK DR      CURRIE, NC 28435 POWELL FAMILY TRUST 30 BRIDGE ST      BILLREICA, MA 1821 SULLIVAN CURTIS E HRS 13028 POWELL RD      WAKE FOREST, NC 27587 TURNER DONALD E CAROL 106 CHADWICK AVE      WILMINGTON, NC 28401 - 11 - 10ITEM: 2 Planning Board - April 14, 2016 P.O. Box 7221, Wilmington, NC 28406 * Telephone: 910-620-2374 * Email: cwolf@lobodemar.biz Transmittal February 20, 2016 To: Adjacent Property Owners From: Cindee Wolf Re: Wrightsboro Self-Storage The owner of the Wrightsboro Self-Storage facility is interested in expansion, and constructing a new one-story, climate control building on the adjacent property at 2415 Castle Hayne Road. This proposal would require a Conditional Zoning District approval from New Hanover County. A Conditional Zoning District allows particular uses to be established only in accordance with specific standards and conditions pertaining to each individual development project. Essentially, this means that only that use, structures and layout of an approved proposal can be developed. A plan of the project layout is enclosed. The County requires that the developer hold a meeting for all property owners within 500 feet of the tract boundary, and any and all other interested parties. This provides neighbors with an opportunity for explanation of the proposal and for questions to be answered concerning project improvements, benefits and impacts. A meeting will be held on Tuesday, March 1st, 6:15 – 7:00 p.m., in the Dogwood Room of the New Hanover County Conference Center (behind the public library), 1241 Military Cutoff Road. If you cannot attend, you are also welcome to contact me at telephone # 620-2374, or email cwolf@lobodemar.biz with comments and/or questions. We appreciate your interest in the project and look forward to being a good neighbor and an asset to the community. - 11 - 11ITEM: 2 Planning Board - April 14, 2016 - 11 - 12ITEM: 2 Planning Board - April 14, 2016   - 1 1 - 1 3 IT E M : 2 Pl a n n i n g B o a r d - A p r i l 1 4 , 2 0 1 6 NEW HANOVER COUNTY PLANNING BOARD REQUEST FOR BOARD ACTION MEETING DATE: April 14, 2016 REGULAR ITEM: DEPARTMENT: PRESENTER(S): Ben Andrea, Current Planning & Zoning Supervisor CONTACT(S): SUBJECT: Public Hearing Rezoning Request (Z-955, 4/16) – Request by Design Solutions, applicant, on behalf of the property owners, Mildred Wolff Futch et al, to rezone 1.95 acres located at 2715 N. 23rd Street from R-15, Residential District, to (CZD) B-1, Conditional Business District, in order to develop a 5000 SF commercial building. The property is classified as Transition according to the 2006 CAMA Land Use Plan. BRIEF SUMMARY: The property proposed to be rezoned is a 1.95 acre parcel of land located at 2715 N. 23rd Street, approximately one quarter mile south of the intersection with Castle Hayne Road. The property was zoned R-15 when zoning was initially applied to this area in 1971. The zoning in the vicinity consists of a mixture of commercial, residential, and industrial districts. The commercial districts, including B-2, B-1, and O&I, are located along Castle Hayne Road, and create a commercial node around the road’s intersection with Castle Hayne Road. Across N. 23rd Street is Airport Industrial (AI) zoning. Adjacent to the north of the subject property is B-1 zoning, and to the south is R-15. Land uses in the area consist of a mixture of office, warehouse, retail, restaurant, and single family residential uses. According to the 2006 CAMA Plan, the site is classified as Transition. The purpose of the Transition classification is to provide for future intensive urban development on lands that have been or will be provided with necessary urban services. STRATEGIC PLAN ALIGNMENT: Intelligent Growth and Economic Development • Attract and retain new and expanding businesses • Implement plans for land use, economic development, infrastructure and environmental programs • Understand and act on citizen needs RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends approval and suggests the following motion: ITEM: 3 Planning Board - April 14, 2016 Motion to recommend approval, as the Planning Board finds that this application for a zoning map amendment of 1.95 acres from R-15, Residential District, to (CZD) B-1, Conditional Business District as described is: 1.Consistent with the purposes and intent of the 2006 CAMA Land Use Plan because the Transition classification provides for intense urban development in areas with urban services and because the plan encourages commercial development to occur on major thoroughfares in the County. 2.Reasonable and in the public interest because it maximizes the effectiveness of commercial uses by locating them within close proximity to the markets they serve and by ensuring that such commercial uses do not diminish the quality of life of the existing residential communities. ATTACHMENTS: Z-955 Script for PB Z-955 Petition Summary Z-955 Staff Summary Z-955 Neighbor Property Owners Map Z-955 Zoning Map Z-955 CAMA Map Z-955 Water-Sewer Map Proposed Site Plan Cover Sheet Z-955 Proposed Site Plan Applicant Materials Cover Page Z-955 Application Package ITEM: 3 Planning Board - April 14, 2016 SCRIPT FOR Conditional Zoning District Application (Z-955, 4/16) Rezoning Request (Z-955, 4/16) – Request by Design Solutions, applicant, on behalf of the property owners, Mildred Wolff Futch et al, to rezone 1.95 acres located at 2715 N. 23rd Street from R-15, Residential District, to (CZD) B-1, Conditional Business District, in order to develop 5000 SF commercial building. The property is classified as Transition according to the 2006 CAMA Land Use Plan. 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. Applicant’ s presentation (up to 15 minutes) c. Opponent’s presentation (up to 15 minutes) d. Applicant’s cross examination/rebuttal (up to 5 minutes) e. Opponent’s cross examination/rebuttal (up to 5 minutes) 3. Close the Public Hearing 4. Board discussion 5. At this time, you may ask to either continue the application to a future meeting, or to proceed with this Board deciding whether to recommend approval or denial of the application. What do you wish to do? 6. Vote on the conditional zoning district application. The motion should include a statement saying how the change is, or is not, consistent with the land use plan and why it is, or is not, reasonable and in the public interest. Staff Suggested Motion: Motion to recommend approval, as the Planning Board finds that this application for a zoning map amendment of 1.95 acres from R-15, Residential District, to (CZD) B-1, Conditional Business District as described is: 1. Consistent with the purposes and intent of the 2006 CAMA Land Use Plan because the Transition classification provides for intense urban development in areas with urban services and because the plan encourages commercial development to occur on major thoroughfares in the County. 2. Reasonable and in the public interest because it maximizes the effectiveness of commercial uses by locating them within close proximity to the markets they serve and by ensuring that such commercial uses do not diminish the quality of life of the existing residential communities. - 1 - 1ITEM: 3 Planning Board - April 14, 2016 Z-955, 4/16 Page 1 of 1 Case Z-955, (4/16) Rezone from R-15, Residential District, to (CZD) B-1, Business District Petition Summary Data Parcel Location & Acreage: 2715 N. 23rd Street, 1.95 acres Petitioner/Owner: Cindee Wolf, Design Soludtions (Applicant) Mildred Wolff Futch, et al (Owner) Existing Land Use: Undeveloped Zoning History: July 1, 1971 - Initially zoned R-15 via Area 9A Land Classification: Transition Water Type: Public water is available Sewer Type: Public sewer is available Recreation Area: Optimist Park Access: N. 23rd Street Fire District: New Hanover County North Watershed & Water Quality Classification: Smith Creek (C;Sw) Conservation/Historic/ Archaeological Resources: No known historic or archaeological resources Soils and Septic Suitability: Johnston (JO) - Class IV: Severe (flooding/wetness) Onslow Loamy Fine Sand (On) - Class II: Severe (wetness) Schools: Eaton Elementary, Virgo Middle, New Hanover High - 2 - 1ITEM: 3 Planning Board - April 14, 2016 Z-955, (4/16) Page 1 of 6 CONDITIONAL ZONING DISTRICT APPLICATION CASE: Z-955, 4/16 PETITIONER: Cindee Wolf of Design Solutions, applicant Mildred Wolff Futch, et al, property owner REQUEST: Rezone from R-15, Residential District, to (CZD) B-1, Conditional Business District ACREAGE: 1.95 acres LOCATION: 2715 N. 23rd Street PID: R04100-003-004-000 LAND CLASS: Transition EXISTING CONDITIONS: Existing Zoning and Land Uses The property proposed to be rezoned is a 1.95 acre parcel of land located at 2715 N. 23rd Street, approximately one quarter mile south of the intersection with Castle Hayne Road. The property was zoned R-15 when zoning was initially applied to this area in 1971. The zoning in the vicinity consists of a mixture of commercial, residential, and industrial districts. The commercial districts, including B-2, B-1, and O&I, are located along Castle Hayne Road, and create a commercial node around the road’s intersection with Castle Hayne Road. Across N. 23rd Street is Airport Industrial (AI) zoning. Adjacent to the north of the subject property is B-1 zoning, and to the south is R- 15. Land uses in the area consist of a mixture of office, warehouse, retail, restaurant, and single family residential uses. - 3 - 1ITEM: 3 Planning Board - April 14, 2016 Z-955, (4/16) Page 2 of 6 Existing Site Conditions The property proposed to be rezoned is currently undeveloped. Community Services Water and Sewer: The property is within the Urban Services boundary, and water service is located within the nearby vicinity. Fire Protection: The property is served by New Hanover County Fire Services and located in the New Hanover County North Fire District. Schools: The property is located within the school districts for Eaton Elementary, Virgo Middle, and New Hanover High schools, however the proposed use will not have any impacts on the school system. 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 1.95 acres currently zoned R-15, Residential District, to (CZD) B-1, Conditional Business District, in order to develop a 5,000 square foot multi-tenant commercial building. The application includes a limited number of uses that could occupy the building:  Special Trade Contractor & General Contractors (with no outside storage)  General Merchandise  Barber/Beauty Shop  Business Services including Printing  Indoor Recreational Establishments  Personal Services  Clock, Watch, & Jewelry Repair  Offices for Private Business and Professional Activities - 3 - 2ITEM: 3 Planning Board - April 14, 2016 Z-955, (4/16) Page 3 of 6 STAFF POSITION: Zoning and Subdivision Ordinance Considerations The purpose of the B-1 Business District shall be to provide convenient shopping facilities primarily of necessity goods and personal services required to serve a neighborhood. The district's principal means of ingress and egress shall be along collector roads, minor arterials, and/or major arterials as designated on the County's Thoroughfare Classification Plan. A conceptual site plan is included as part of the application and is shown below. If this application is approved, the property must be developed in accordance with the site plan. The applicant is proposing to develop a 5,000 square foot multi-tenant commercial building. Further, the proposed development must also go through the County’s site plan/building permit review process. The process includes the review of the technical standards of the County’s development regulations, including landscaping, buffering, and stormwater requirements. A fully opaque buffer is required along the southern perimeter of the property to screen the commercial use from the adjoining residentially zoned land. As currently shown, the site plan complies with the standards of the Zoning Ordinance. Conceptual Site Plan Traffic The uses proposed as part of the conditional zoning district, whether individually or combined in the 5,000 square foot lease area, would not generate near the 100 peak hour trip generation threshold that would require a Traffic Impact Analysis (TIA) to be performed. A traffic impact analysis (TIA) was recently completed for the proposed Hanover Lakes subdivision, which is located to the near the subject property on Castle Hayne Road. That TIA examined Castle Hayne Road’s - 3 - 3ITEM: 3 Planning Board - April 14, 2016 Z-955, (4/16) Page 4 of 6 intersection with N. 23rd. Street, and determined that it will operate at a Level of Service (LOS) of “A” in the AM peak and “B” in the PM peak when the subdivision is expected to be completed in 2018. The TIA based the LOS on delay per vehicle in seconds. The table below shows the morning and evening peak hour trip generation for the proposed uses that would generate the most traffic. These figures are assuming each use occupies the entire building. Peak Hour Trips for 5,000 SF Building Land Use AM Peak PM Peak Contractor or Professional Office 9 9 General Merchandise 23 31 Personal Services 10 29 Environmental The property does not contain any Special Flood Hazard Areas or Significant Natural Heritage Areas. However, the site has some poorly draining soils and potential wetlands that will need to be considered as part of the site development. A preliminary wetland determination yields approximately 1 acre of wetlands on the western portion of the site. If the amount of impervious surface area warrants, stormwater management will be reviewed by New Hanover County Engineering; however, a cursory review of the proposal by New Hanover County Engineering staff was performed and the amount of impervious surface area proposed appears to be under the maximum amount of impervious surface area that would require a stormwater permit. Land Use Plan Considerations According to the 2006 CAMA Plan, the site is classified as Transition. The purpose of the Transition classification is to provide for future intensive urban development on lands that have been or will be provided with necessary urban services. - 3 - 4ITEM: 3 Planning Board - April 14, 2016 Z-955, (4/16) Page 5 of 6 Draft Comprehensive Land Use Plan Considerations The County is currently going through a process to create a new comprehensive land use plan. The current draft of the new Comprehensive Plan classifies the area of the property subject to development as Employment Center on the Future Land Use Map. The Employment Center Place Type serves as employment and production hubs, with office and light industrial uses predominating. Densities are dependent in part on the type of industries located within the place type; office uses can be multi-story and nearer the street, while light industrial uses will likely be one story with large setbacks and ample room for trucks and other large vehicles. Employment Centers can also include residential, civic, and recreational uses, but should be clearly delineated from rural and conservation areas. Commercial uses designed to serve the needs of employment center are appropriate. Employment Centers require arterial or major collector road access connecting them to areas outside their boundaries. The proposed building will be one story and a maximum height of 18 feet, and therefore it does not conflict with the Community Mixed Use Place Type. REVIEW AND ACTION: This request is being facilitated by Section 55.3 – Conditional Zoning District of the County’s Zoning Ordinance, and has been processed and reviewed per Section 110 – Amending the Ordinance. A community meeting was held on Tuesday, March 1, 2016 in accordance with the requirements for such an application. The applicant has provided a summary of the meeting which includes the concerns and comments brought up by the attendees. Staff recommends approval of the application. Staff concludes that the application is consistent with the requirements of the Zoning Ordinance and also the 2006 Wilmington-New Hanover County CAMA Land Use Plan. Specifically, the property is accessed by an arterial street where nonresidential uses are encouraged to locate. Also, the proposal is essentially expanding an existing B-1 district in an area more suitable for non-residential uses than residential uses. This proposal also complies with Policy 4.3 of the Land Use Plan: - 3 - 5ITEM: 3 Planning Board - April 14, 2016 Z-955, (4/16) Page 6 of 6 Maximize effectiveness of commercial uses by assuring that land is available for commercial uses within close proximity to the markets they serve and by ensuring that such commercial uses do not diminish the quality of life in nearby residential areas. Action Needed  Motion to recommend approval of the petitioner’s application [with or without agreed upon conditions]  Motion to “table” the application in order to receive more information  Motion to recommend denial of the petitioner’s application based on specific reasons Example Motion for Approval: Motion to recommend approval, as the Planning Board finds that this application for a zoning map amendment of 1.95 acres from R-15, Residential District, to (CZD) B-1, Conditional Business District as described 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.]. Conditions: [List any agreed upon conditions] Example Motion for Denial: Motion to recommend denial, as the Planning Board finds that this application for a zoning map amendment of 1.95 acres from R-15, Residential District, to (CZD) B-1, Conditional Business District as described 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 approval, as the Planning Board finds that this application for a zoning map amendment of 1.95 acres from R-15, Residential District, to (CZD) B-1, Conditional Business District as described is: 1. Consistent with the purposes and intent of the 2006 CAMA Land Use Plan because the Transition classification provides for intense urban development in areas with urban services and because the plan encourages commercial development to occur on major thoroughfares in the County. 2. Reasonable and in the public interest because it maximizes the effectiveness of commercial uses by locating them within close proximity to the markets they serve and by ensuring that such commercial uses do not diminish the quality of life of the existing residential communities. - 3 - 6ITEM: 3 Planning Board - April 14, 2016 1 3 33 41 31 6 35 32 0 2 34 20 22 23 24 11 12 40 14 30 25 813 21 26 5 9 39 37 7 38 16 4 29 28 17 19 18 10 36 15 27 2 3 R D S T N CA S T L E H A Y N E R D BLU E C L A Y R D YORKTOWN DR VICTORIA DR G A R D N E R D R AIRPORT BLV HALL D R GLEND A L E D R GORDON RD ARLINGTON DR BRE N T W O O D D R PRI V A T E DIV I S I O N D R HEWLETT DR FOREST LN 1,000 Feet®HNC Z-955 A-I I-2 R-15 B-2 B-1 O&I Z-955 Case: Conditional Zoning District Request: Z-955 Existing Zoning/Use: Proposed Zoning/Use:Site Address: 2715 N. 23rd St R-15/Undeveloped (CZD) B-1/Commercial Building Zoning Parcels within 500 Feet of Case Site ! ! ! !!!!!!!!!!! ! ! ! !!!!!!!!!!! Case SiteNeighboring Parcels IDPhysical AddressIDPhysical Address02715 23RD ST222700 23RD ST21736 CASTLE HAYNE RD231716 CASTLE HAYNE RD31728 CASTLE HAYNE RD241731 CASTLE HAYNE RD4131 GORDON RD251809 BLUE CLAY RD5131 GORDON RD261805 BLUE CLAY RD6131 GORDON RD271724 CASTLE HAYNE RD7136 GORDON RD281809 CASTLE HAYNE RD8133 GORDON RD291815 CASTLE HAYNE RD9145 GORDON RD30138 GORDON RD10117 GORDON RD312800 23RD ST112728 23RD ST321813 BLUE CLAY RD12123 GORDON RD332824 23RD ST13155 GORDON RD341824 CASTLE HAYNE RD14103 VICTORIA DR351816 CASTLE HAYNE RD15132 GORDON RD36119 GORDON RD16129 GORDON RD371808 CASTLE HAYNE RD17121 GORDON RD381804 CASTLE HAYNE RD181805 CASTLE HAYNE RD391800 CASTLE HAYNE RD19127 GORDON RD402729 23RD ST201735 CASTLE HAYNE RD411801 CASTLE HAYNE RD212714 23RD ST - 4 - 1ITEM: 3 Planning Board - April 14, 2016 A-I I-2 R-15 B-2 B-1 O&I R-20 2 3 R D S T N CA S T L E H A Y N E R D BLU E C L A Y R D YORKTOWN DR VICTORIA DR G A R D N E R D R AIRPORT BLV HALL D R GLEND A L E D R GORDON RD ARLINGTON DR BRE N T W O O D D R PRI V A T E DIV I S I O N D R HEWLETT DR FOREST LN 1,000 Feet®HNC Z-955 Case: Conditional Zoning District Request: Z-955 Existing Zoning/Use: Proposed Zoning/Use:Site Address: 2715 N. 23rd St R-15/Undeveloped (CZD) B-1/Commercial Building A-I A-I CD AR B-1 B-1 CD B-2 B-2 CD EDZD I-1 I-1 CD I-2 O&I O&I CD PD R-10 R-10 CD R-15 R-15 CD R-20 R-20 CD R-20S R-7 CD RA RFMU SC Zoning Districts Incorporated Areas SHOD - 5 - 1ITEM: 3 Planning Board - April 14, 2016 Transition Conservation Area 2 3 R D S T N CA S T L E H A Y N E R D BLU E C L A Y R D YORKTOWN DR VICTORIA DR G A R D N E R D R AIRPORT BLV HALL D R GLEND A L E D R GORDON RD ARLINGTON DR BRE N T W O O D D R PRI V A T E DIV I S I O N D R HEWLETT DR FOREST LN 1,000 Feet ®HNC Z-955 Case: Conditional Zoning District Request: Z-955 Existing Zoning/Use: Proposed Zoning/Use:Site Address: 2715 N. 23rd St R-15/Undeveloped (CZD) B-1/Commercial Building CAMA Classifications Conservation Area Natual Heritage Resource Protection Area Aquifer Resource Protection Area Watershed Resource Protection Wetland Resource Protection Area Urban Transition Community Rural - 6 - 1ITEM: 3 Planning Board - April 14, 2016 2 3 R D S T N CA S T L E H A Y N E R D BLU E C L A Y R D YORKTOWN DR VICTORIA DR G A R D N E R D R AIRPORT BLV HALL D R GLEND A L E D R GORDON RD ARLINGTON DR BRE N T W O O D D R PRI V A T E DIV I S I O N D R HEWLETT DR FOREST LN 1,000 Feet®HNC Notice:Utility lines are generalized and are only to show the relationship to the subject property and should not be relied on for other purposes. New Hanover County and the Cape Fear Public Utility Authorityare not responsible for the accuracy of this information Z-955 Sewer Collector Water Distribution Main Urban Services Area Case: Conditional Zoning District Request: Z-955 Existing Zoning/Use: Proposed Zoning/Use:Site Address: 2715 N. 23rd St R-15/Undeveloped (CZD) B-1/Commercial Building MARKET ST ^ I-140 I-14 0 I- 4 0 RIVE R R D U S H W Y 4 2 1 C A R O L I N A B E A C H SIDBURY RD MARK E T S T C A S T L E H A Y N E R D BLUE C L A Y R D CO L L E G E R D S HOLLY SHE L T E R R D OLEANDER DR EAST W O O D R D SHIPYARD BLV I- 4 0 E R I V E R R D DO W R D S WHI T E R D BEA C H R D S *Site In USB* Urban Services Area - 7 - 1ITEM: 3 Planning Board - April 14, 2016 PROPOSED SITE PLAN - 8 - 1ITEM: 3 Planning Board - April 14, 2016 - 9 - 1ITEM: 3 Planning Board - April 14, 2016 APPLICANT MATERIALS - 10 - 1ITEM: 3 Planning Board - April 14, 2016 Page 1 of 3 04/14 Petitioner Information Property Owner(s) If different than Petitioner Subject Property Name Owner Name Address Company Owner Name 2 Parcel ID(s) Address Address Area City, State, Zip City, State, Zip Existing Zoning and Use Phone Phone Proposed Use Email Email Land Classification Application Tracking Information (Staff Only) Case Number Date/Time received:Received by: NEW HANOVER COUNTY PLANNING & INSPECTIONS Application for CONDITIONAL ZONING DISTRICT T 230 Government Center Drive Suite 110 Wilmington, NC 28403 910-798-7165 phone 910-798-7053 fax www.nhcgov.com APPLICATION OVERVIEW In order to assist petitioners through the rezoning process, petitioners are highly encouraged to attend a pre-application conference prior to application submittal. Petitioners are requested to review the sections of the Zoning Ordinance specific to zoning amendments and conditional zoning districts prior to submission, and advised to contact Planning Staff with any questions. The following sections of the Zoning Ordinance pertain specifically to zoning amendments and conditional zoning districts: •Section 55.3: Conditional Zoning Districts •Section 110: Amending the Ordinance •Section 111: Petitions •Section 112: Approval Process Applications for zoning amendments must first be considered by the New Hanover County Planning Board at a public hearing. The Planning Board will make a recommendation to the County Commissioners which will take final action on the permit application in a quasi-judicial public hearing. Attendance at all public hearings is required. The public hearings will allow staff, the applicant, proponents and opponents to testify in regards to the request. Unless otherwise published or announced, Planning Board meetings are held on the first Thursday of each month at 6:00PM in the Commissioner's Assembly Room at the Historic County Courthouse located at Third and Princess Streets, Wilmington, North Carolina. All meeting dates and application deadlines are published on the New Hanover County Planning website. CindeeWolf MildredWolffFutchetal 2715N.23rdStreet DesignSolutions 312918.41.6179 POBox7221 128LongLeafDrive 1.95ac.+/- Wilmington,NC28406Wilmington,NC28401 R-15/Vacant 910-620-2374 910-793-4769/CynthiaSmithB-1(CD)/CommercialBldg. cwolf@lobodemar.bizcsstringaddict301@gmail.com Transition PrintForm - 11 - 1ITEM: 3 Planning Board - April 14, 2016 - 11 - 2ITEM: 3 Planning Board - April 14, 2016 - 11 - 3ITEM: 3 Planning Board - April 14, 2016 - 11 - 4ITEM: 3 Planning Board - April 14, 2016 - 1 1 - 5 IT E M : 3 Pl a n n i n g B o a r d - A p r i l 1 4 , 2 0 1 6 Legal Description for Conditional District Rezoning of 2715 N. 23rd Street Beginning at a point in the western boundary of N. 23rd Street, a 100’ public right-of- way; said point being located 633.38 feet in a southerly direction from the intersection of the centerlines of North 23rd Street and Blue Clay Road, a variable width public right-of- way; and running thence from the point of beginning, with the N. 23rd Street right-of- way, South 31033’19” East, 196.37 feet to a point; thence leaving the road right-of-way, North 83044’49” West, 605.38 feet to a point; thence, North 17031’42” East, 169.81 feet to a point; thence South 82018’18” East, 452.54 feet to the point and place of beginning, containing 1.95 acres, more or less. - 11 - 6ITEM: 3 Planning Board - April 14, 2016 REPORT OF COMMUNITY MEETING REQUIRED BY NEW HANOVER COUNTY ZONING ORIDINANCE FOR CONDITIONAL DISTRICT REZONINGS Location: 2715 N. 23rd Street Proposed Zoning: Conditional Zoning District B-1 (CD) The undersigned hereby certifies that written notice of a community meeting on the above zoning application was given to the adjacent property owners set forth on the attached list by first class mail on __February 20, 2016_____, and emailed to all parties registered on the County’s “Sunshine List” on February 20, 2016 . A copy of the written notice is also attached. The meeting was held at the following time and place: Tuesday, March 1, 2016; 5:30 p.m.; New Hanover County Conference Center; 1241 Military Cutoff Rd. The persons in attendance at the meeting were: Reference Attached Sign-in List The following issues were discussed at the meeting: ** A project introduction was given with an overview of Conditional Zoning Districts and of the site layout. It was explained that this would be a small commercial building with a limited list of possible uses. ** Several neighbors discussed the drainage patterns & issues in the vicinity. As a result of the meeting, the following changes were made to the rezoning petition: None Date: March 8, 2016 Applicant: Design Solutions By: Cindee Wolf - 11 - 7ITEM: 3 Planning Board - April 14, 2016 - 11 - 8ITEM: 3 Planning Board - April 14, 2016 Adjacent Property Owners' List ‐ 2715 N. 23rd St. Owner Owner_Address Owner_City BECKLEE PLACE INC 10014 CHAPEL HILL RD   AMORRISVILLE, NC 27560 BECKLEE PLACE INC 10014 CHAPEL HILL RD   AMORRISVILLE, NC 27560 BRYAN WILLIAM J SHELBA J 131 GORDON RD   WILMINGTON, NC 28401 BRYAN WILLIAM J SHELBA J 131 GORDON RD   WILMINGTON, NC 28401 BRYAN WILLIAM JENNINGS SHELBA SMITH131 GORDON RD   WILMINGTON, NC 28401 BUSSIERE MICHAEL ASHLEY 136 GORDON RD   WILMINGTON, NC 28405 CAUDELL BENJAMIN C II 133 GORDON RD   WILMINGTON, NC 28401 CAUDELL BENJAMIN C II 133 GORDON RD   WILMINGTON, NC 28401 CLEMMONS ROBERT L 125 HAMPTON RD N  WILMINGTON, NC 28409 DUNCAN HOLDINGS LLC 2728 23RD ST N  WILMINGTON, NC 28401 EARL M STEVENS LIVING TRUST 128 GORDON RD   WILMINGTON, NC 28401 EARL M STEVENS LIVING TRUST 128 GORDON RD   WILMINGTON, NC 28401 EDWARDS LESTER R SUZANNE B 109 FOREST LN   WILMINGTON, NC 28401 FILE NANCY JACKSON 132 GORDON RD   WILMINGTON, NC 28401 FUTCH MILDRED WOLFF ETAL 128 LONG LEAF DR   WILMINGTON, NC 28401 GERHART JEFFREY MARK 129 GORDON RD   WILMINGTON, NC 28401 GORE STEPHEN A SR 320 ISLAND CREEK DR   WILMINGTON, NC 28411 HALL SCOTT BEVERLY 609 PINE VALLEY DR   WILMINGTON, NC 28412 HEITMAN HENRY THOMAS PEYTON A127 GORDON RD   WILMINGTON, NC 28405 HUFHAM KAREN COATES 1735 CASTLE HAYNE RD   WILMINGTON, NC 28401 HUNOBY HOMES LLC 1908 EASTWOOD RD   #319WILMINGTON, NC 28403 HUNOBY HOMES LLC 1908 EASTWOOD RD  SUITE 319WILMINGTON, NC 28403 LUCAS MILLARD MICHAEL 1716 CASTLE HAYNE RD   WILMINGTON, NC 28401 MARTIN LEWIS G JUSSARA T BASTOS 1731 CASTLE HAYNE RD   WILMINGTON, NC 28401 MCGOWAN CALVIN DIANE 7317 GRAY GABLES LN   WILMINGTON, NC 28403 MCGOWAN CALVIN L 7317 GRAY GABLES LN   WILMINGTON, NC 28403 POPE WADE & REGISTER RF 2619 COLLEGE RD N  WILMINGTON, NC 28405 SCHMIDT ROBERT 7402 LUCKY FISH LN   WILMINGTON, NC 28411 SECRETARY OF HUD 451 7TH ST   WASHINGTON, DC 20410 SHAFER ELIZABETH A 112 LONG LEAF DR   LELAND, NC 28451 SOUTHEASTERN FREIGHT LINE    PO BOX 1691 COLUMBIA, SC 29202 SOUTHEASTERN FREIGHT LINES INC 420 DAVEGA COV   LEXINGTON, SC 29073 STRICKLAND HOLDINGS LLC 200 PALMETTO RD   WILMINGTON, NC 28401 STRICKLAND JAMES R JR SUSAN EDWARDS200 PALMETTO RD   WILMINGTON, NC 28401 STRICKLAND JAMES R VIRGINIA M 200 PALMETTO RD   WILMINGTON, NC 28401 TILMON THOMAS E SANDRA R 119 GORDON RD   WILMINGTON, NC 28401 WILLIAMS CARPET OUTLET LLC 1808 CASTLE HAYNE RD   WILMINGTON, NC 28401 WILLIAMS CARPET OUTLET LLC 1808 CASTLE HAYNE RD   WILMINGTON, NC 28401 WILLIAMS PATRICIA 1808 CASTLE HAYNE RD   WILMINGTON, NC 28401 WILLIAMS PATRICIA A 1808 CASTLE HAYNE RD   WILMINGTON, NC 28401 WITTSTEIN JUDY ROSS 1801 CASTLE HAYNE RD   WILMINGTON, NC 28401 - 11 - 9ITEM: 3 Planning Board - April 14, 2016 P.O. Box 7221, Wilmington, NC 28406 * Telephone: 910-620-2374 * Email: cwolf@lobodemar.biz Transmittal February 20, 2016 To: Adjacent Property Owners From: Cindee Wolf Re: Stone Commercial Building A developer is interested in constructing a one-story / 5000 s.f. commercial building on the front portion of 2715 N. 23rd Street. This proposal would require a Conditional Zoning District approval from New Hanover County. A Conditional Zoning District allows particular uses to be established only in accordance with specific standards and conditions pertaining to each individual development project. Essentially, this means that only that use, structures and layout of an approved proposal can be developed. A plan of the project layout is enclosed. The County requires that the developer hold a meeting for all property owners within 500 feet of the tract boundary, and any and all other interested parties. This provides neighbors with an opportunity for explanation of the proposal and for questions to be answered concerning project improvements, benefits and impacts. A meeting will be held on Tuesday, March 1st, 5:30 - 6:15 p.m., in the Dogwood Room of the New Hanover County Conference Center (behind the public library), 1241 Military Cutoff Road. If you cannot attend, you are also welcome to contact me at telephone # 620-2374, or email cwolf@lobodemar.biz with comments and/or questions. We appreciate your interest in the project and look forward to being a good neighbor and an asset to the community. - 11 - 10ITEM: 3 Planning Board - April 14, 2016 - 11 - 11ITEM: 3 Planning Board - April 14, 2016 NEW HANOVER COUNTY PLANNING BOARD REQUEST FOR BOARD ACTION MEETING DATE: April 14, 2016 REGULAR ITEM: DEPARTMENT: PRESENTER(S): Brad Schuler, Current Planner CONTACT(S): SUBJECT: Public Hearing Rezoning Request (Z-956, 4/16) – Request by Design Solutions, applicant, on behalf of the property owners, Clarence K. & Peggy W. Henry, and Michael F. & Aleta J. Moser, to rezone 2.77 acres located at the 5000 block of Carolina Beach Road from R-15, Residential District, to (CZD) O&I, Conditional Office and Institutional District, in order to develop office buildings. The property is classified as Urban according to the 2006 CAMA Land Use Plan. BRIEF SUMMARY: The property proposed to be rezoned consists of four parcels of land totaling 2.77 acres. It is located just north of Monkey Junction (intersection of College Road and Carolina Beach Road) and was zoned R-15 when zoning was initially applied to this area in 1971. The property adjoins land that has been annexed into the City of Wilmington. The zoning in the vicinity consists of a mixture of commercial and residential districts. The commercial districts, including B-2, (CZD) B-2, and O&I, are located along Carolina Beach Road, and create a large commercial node around Monkey Junction. The commercial uses include a mixture of office, retail, and restaurant uses. According to the 2006 CAMA Plan, the site is classified as Urban. The purpose of the Urban classification is to provide for continued intensive development and redevelopment of existing urban areas. STRATEGIC PLAN ALIGNMENT: Intelligent Growth and Economic Development • Attract and retain new and expanding businesses • Implement plans for land use, economic development, infrastructure and environmental programs • Understand and act on citizen needs RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends approval of the application and suggests the following motion: Motion to recommend approval, as the Planning Board finds that this application for a zoning map amendment of 2.77 acres from R-15, Residential District, to (CZD) B-2, Conditional Office and Institutional ITEM: 4 Planning Board - April 14, 2016 District as described is: 1.Consistent with the purposes and intent of the 2006 CAMA Land Use Plan because the Urban classification provides continued intensive development and redevelopment of urban areas and because the plan encourages commercial development to occur on major thoroughfares and at major intersections in the County. 2.Reasonable and in the public interest because it maximizes the effectiveness of commercial uses by locating them within close proximity to the markets they serve and by ensuring that such commercial uses do not diminish the quality of life of the existing residential communities. Conditions: 1.A sidewalk shall be installed along Carolina Beach Road. The sidewalk shall connect to and be constructed consistently with NCDOT’s pedestrian safety improvements proposed for the Monkey Junction/Carolina Beach Road area. 2.A traffic impact analysis (TIA) shall be required if any combination of land uses which access from the 50’ private access easement (including off-site uses) exceed 100 peak hour trips. ATTACHMENTS: Z-956 Script for PB Z-956 Petition Summary Z-956 Staff Summary Z-956 Neighbor Property Owners Map Z-956 Zoning Map Z-956 CAMA Map Z-956 Water-Sewer Map Proposed Site Plan Cover Sheet Z-956 Proposed Site Plan Applicant Materials Cover Page Z-956 Application Package ITEM: 4 Planning Board - April 14, 2016 SCRIPT FOR Conditional Zoning District Application (Z-956, 4/16) Rezoning Request (Z-956, 4/16) – Request by Design Solutions, applicant, on behalf of the property owners, Clarence K. & Peggy W. Henry, and Michael F. & Aleta J. Moser, to rezone 2.77 acres located at the 5000 block of Carolina Beach Road from R-15, Residential District, to (CZD) O&I, Conditional Office and Institutional District, in order to develop office buildings. The property is classified as Urban according to the 2006 CAMA Land Use Plan. 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. Applicant’ s presentation (up to 15 minutes) c. Opponent’s presentation (up to 15 minutes) d. Applicant’s cross examination/rebuttal (up to 5 minutes) e. Opponent’s cross examination/rebuttal (up to 5 minutes) 3. Close the Public Hearing 4. Board discussion 5. At this time, you may ask to either continue the application to a future meeting, or to proceed with this Board deciding whether to recommend approval or denial of the application. What do you wish to do? 6. Vote on the conditional zoning district application. The motion should include a statement saying how the change is, or is not, consistent with the land use plan and why it is, or is not, reasonable and in the public interest. Staff Suggested Motion: Motion to recommend approval, as the Planning Board finds that this application for a zoning map amendment of 2.77 acres from R-15, Residential District, to (CZD) B-2, Conditional Office and Institutional District as described is: 1. Consistent with the purposes and intent of the 2006 CAMA Land Use Plan because the Urban classification provides continued intensive development and redevelopment of urban areas and because the plan encourages commercial development to occur on major thoroughfares and at major intersections in the County. 2. Reasonable and in the public interest because it maximizes the effectiveness of commercial uses by locating them within close proximity to the markets they serve and by ensuring that such commercial uses do not diminish the quality of life of the existing residential communities. - 1 - 1ITEM: 4 Planning Board - April 14, 2016 Conditions: 1. A sidewalk shall be installed along Carolina Beach Road. The sidewalk shall connect to and be constructed consistently with NCDOT’s pedestrian safety improvements proposed for the Monkey Junction/Carolina Beach Road area. 2. A traffic impact analysis (TIA) shall be required if any combination of land uses which access from the 50’ private access easement (including off-site uses) exceed 100 peak hour trips. - 1 - 2ITEM: 4 Planning Board - April 14, 2016 Z-956, 4/16 Page 1 of 1 Case Z-956, (4/16) Rezone from R-15, Residential District, to (CZD) O&I, Office & Instituitional District Petition Summary Data Parcel Location & Acreage: 5000 block of Carolina Bead Road, 2.77 acres Petitioner/Owner: Cindee Wolf, Design Solutions (Applicant) Clarence K. & Peggy W. Henry, and Micheal F. & Aleta J. Moser (Owners) Existing Land Use: Single-family residential Zoning History: April 7, 1971 - Initially zoned R-15 via Area 4 Land Classification: Urban Water Type: Public Sewer Type: Public Recreation Area: Arrowhead and Myrtle Grove School Park Access: Carolina Bead Road Fire District: New Hanover County South Watershed & Water Quality Classification: Motts Creek (C;Sw) Conservation/Historic/ Archaeological Resources: No known historic or archaeological resources Soils and Septic Suitability: Leon Soil (Le) - Class III: Severe Limitation Lynn Haven Fine Sand (Ly) - Class III: Severe Limitation Schools: Bellamy Elementary, Codington Elmentary, Myrtle Grove Middle, Ashley High - 2 - 1ITEM: 4 Planning Board - April 14, 2016 Z-956, (4/16) Page 1 of 7 CONDITIONAL ZONING DISTRICT APPLICATION CASE: Z-956, 4/16 PETITIONER: Cindee Wolf of Design Solutions, applicant Clarence K. & Peggy W. Henry and Michael F. & Aleta J. Moser, property owners REQUEST: Rezone from R-15, Residential District, to (CZD) O&I, Conditional Office and Institutional District ACREAGE: 2.77 acres LOCATION: 5000 block of Carolina Beach Road PID: R07100-003-291-000 R07100-003-029-000 R07100-003-028-000 R07100-003-029-001 LAND CLASS: Urban EXISTING CONDITIONS: Existing Zoning and Land Uses The property proposed to be rezoned consists of four parcels of land totaling 2.77 acres. It is located just north of Monkey Junction (intersection of College Road and Carolina Beach Road) and was zoned R-15 when zoning was initially applied to this area in 1971. The property adjoins land that has been annexed into the City of Wilmington. The zoning in the vicinity consists of a mixture of commercial and residential districts. The commercial districts, including B-2, (CZD) B-2, and O&I, are located along Carolina Beach Road, and create a large commercial node around Monkey Junction. The commercial uses include a mixture of office, retail, and restaurant uses. - 3 - 1ITEM: 4 Planning Board - April 14, 2016 Z-956, (4/16) Page 2 of 7 Residential zoning is located north and east of the property, and includes single-family and multi-family housing. The Lakes at Johnson Farms, a high density development, is located to the north. Willoughby Park, a multi-family development, is located adjoining the property to the east and is within the City of Wilmington. Other multi-family developments in the area include Myrtle Grove Village Apartments, Pleasant Grove Village Apartments, Madeline Place Townhomes, and Still Meadow Village Apartments. Existing Site Conditions The property proposed to be rezoned currently contains four single-family dwellings. The dwellings will be removed as the property is developed for the proposed office use. Community Services Water and Sewer: The property is within the Urban Services boundary, and water and sewer services are located within the nearby vicinity. The development will connect to CFPUA water and sewer service. 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 Bellamy Elementary, Codington 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 2.77 acres currently zoned R-15, Residential District, to (CZD) O&I, Conditional Office and Institutional District, in order to develop two office buildings totaling 10,000 square feet. - 3 - 2ITEM: 4 Planning Board - April 14, 2016 Z-956, (4/16) Page 3 of 7 STAFF POSITION: Zoning and Subdivision Ordinance Considerations The purpose of the Office and Institutional District shall be to provide areas where institutional uses, professional uses, professional office uses and other uses compatible to uses of an office or institutional nature shall be encouraged to locate and to provide protection for this type land use from encroachment by other less desirable uses. The district’s principle means of ingress and egress shall be along collector roads, minor arterials, and/or major arterials. A conceptual site plan is included as part of the application and is shown below. If this application is approved, the property must be developed in accordance with the site plan. The applicant is proposing to develop two office buildings totaling 10,000 square feet on two separate lots. Further, the proposed development must also go through the County’s site plan/building permit review process. The process includes the review of the technical standards of the County’s development regulations, including landscaping, buffering, and stormwater requirements. A fully opaque buffer is required along the perimeter of the property to screen the commercial/office use from the adjoining residentially zoned land. As currently shown, the site plan complies with the standards of the Zoning Ordinance. Conceptual Site Plan - 3 - 3ITEM: 4 Planning Board - April 14, 2016 Z-956, (4/16) Page 4 of 7 Transportation The proposed development will generate 18 trips in the AM peak, and 17 trips in the PM peak. In addition, a high density development (Z-957) is being proposed directly behind the property which will utilize the same access to Carolina Beach Road. That proposed development will generate 41 trips in the AM peak, and 50 trips in the PM peak. Because the combined trips from both projects do not exceed 100 in the peak hours, a Traffic Impact Analysis (TIA) is not required to be completed. The Wilmington Metropolitan Planning Organization (WMPO) conducted a traffic count at the 5000 block of Carolina Beach Road in 2015. The count yielded an Average Daily Traffic (ADT) of 29,430 trips. Carolina Beach Road has a design capacity of 29,300 daily trips, and therefore it is classified as having an “F” Level of Service (LOS) with a Volume of Capacity Ratio of 1.004. NCDOT is currently working on plans for a pedestrian safety project in the Monkey Junction area. Those plans include the installation of a sidewalk along Carolina Beach Road from the Burger King at Monkey Junction to Willoughby Park drive as illustrated in the graphic below. Therefore, staff is recommending a condition be added to the district that would require the proposed sidewalk be extended in front of the subject property. This will provide access to the proposed office buildings for the residents in the area, and it will also provide access for the residents of the proposed Woodridge Point apartment (located directly behind the proposed office buildings) to Monkey Junction. Proposed NCDOT Safety Project - 3 - 4ITEM: 4 Planning Board - April 14, 2016 Z-956, (4/16) Page 5 of 7 Environmental The property does not contain any Special Flood Hazard Areas or Significant Natural Heritage Areas. Stormwater management will be reviewed by New Hanover County Engineering and by the NC Department of Environmental Quality. The applicant has examined the site and found no jurisdictional wetlands on the subject property. Additional verification of the location of regulated wetlands must be provided during the building permit review. Land Use Plan Considerations According to the 2006 CAMA Plan, the site is classified as Urban. The purpose of the Urban classification is to provide for continued intensive development and redevelopment of existing urban areas. Draft Comprehensive Plan The County is currently going through a process to create a new comprehensive land use plan. The current draft of the new Comprehensive Plan classifies the property as Community Mixed Use on the Future Land Use Map. The Community Mixed Use Place Type focuses on small-scale, compact, mixed use development patterns that promote multimodal travel and act as an attractor for county residents and visitors. These areas share several qualities with higher-intensity mixed use place types, including a combination of ground floor retail with officespace and housing above, wider sidewalks, and an emphasis on streetscaping. However, these centers are generally small, no more than a few square blocks. Civic uses, particularly recreation and public gathering places, are particularly encouraged here. Ideally, large-scale, lower density commercial and industrial developments are prohibited. Office uses are appropriate within the Community Mixed Use Place Type provided they are limited to a maximum of two stories and have a moderate density. The proposed building will be one story and have a height of 18 feet, and therefore it does not conflict with the Community Mixed Use Place Type. - 3 - 5ITEM: 4 Planning Board - April 14, 2016 Z-956, (4/16) Page 6 of 7 REVIEW AND ACTION: This request is being facilitated by Section 55.3 – Conditional Zoning District of the County’s Zoning Ordinance, and has been processed and reviewed per Section 110 – Amending the Ordinance. A community meeting was held on Tuesday, February 23, 2016 in accordance with the requirements for such an application. The applicant has provided a summary of the meeting which includes the concerns and comments brought up by the attendees. Staff recommends approval of the application. Staff concludes that the application is consistent with the requirements of the Zoning Ordinance and also the 2006 Wilmington-New Hanover County CAMA Land Use Plan. Specifically, the property is accessed by an arterial street and is located near a major intersection where nonresidential uses are encouraged to locate. This proposal also complies with Policy 4.3 of the Land Use Plan: Maximize effectiveness of commercial uses by assuring that land is available for commercial uses within close proximity to the markets they serve and by ensuring that such commercial uses do not diminish the quality of life in nearby residential areas. Action Needed  Motion to recommend approval of the petitioner’s application [with or without agreed upon conditions]  Motion to “table” the application in order to receive more information  Motion to recommend denial of the petitioner’s application based on specific reasons - 3 - 6ITEM: 4 Planning Board - April 14, 2016 Z-956, (4/16) Page 7 of 7 Example Motion for Approval: Motion to recommend approval, as the Planning Board finds that this application for a zoning map amendment of 2.77 acres from R-15, Residential District, to (CZD) O&I, Conditional Office and Institutional District as described 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.]. Conditions: [List any agreed upon conditions] Example Motion for Denial: Motion to recommend denial, as the Planning Board finds that this application for a zoning map amendment of 2.77 acres from R-15, Residential District, to (CZD) O&I, Conditional Office and Institutional District as described 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 approval, as the Planning Board finds that this application for a zoning map amendment of 2.77 acres from R-15, Residential District, to (CZD) B-2, Conditional Office and Institutional District as described is: 1. Consistent with the purposes and intent of the 2006 CAMA Land Use Plan because the Urban classification provides continued intensive development and redevelopment of urban areas and because the plan encourages commercial development to occur on major thoroughfares and at major intersections in the County. 2. Reasonable and in the public interest because it maximizes the effectiveness of commercial uses by locating them within close proximity to the markets they serve and by ensuring that such commercial uses do not diminish the quality of life of the existing residential communities. Conditions: 1. A sidewalk shall be installed along Carolina Beach Road. The sidewalk shall connect to and be constructed consistently with NCDOT’s pedestrian safety improvements proposed for the Monkey Junction/Carolina Beach Road area. 2. A traffic impact analysis (TIA) shall be required if any combination of land uses which access from the 50’ private access easement (including off-site uses) exceed 100 peak hour trips. - 3 - 7ITEM: 4 Planning Board - April 14, 2016 46 30 1 9 25 32 47 0 0 12 31 48 3 21 0 4 28 37 29 10 34 0 35 43 49 18 23 22 15 14 40 13 6 7 41 44 24 2645 82 5 11 36 19 38 27 17 33 20 50 16 39 CO L L E G E R D S C A R O L I N A B E A C H R D HORN R D SILVE R L A K E R D PRIOR D R RAYE D R GATE POST LN PRIVA T E BEAM O N L N S P L I T R A I L D R MCGIR T P L HONEYDEW L N RIG G S T R L A R C H M I L W A Y ABACO LN EXUMA LN SHA D E T R E E L N SAN LU C A S C T HONEYBEE LN EVERETTE CT ANDROS LN ST I L L M E A D O W D R ELEUTHERA L N BRENTON CT PRIVATE PR I V A T E CO L L E G E R D S PRIVA T E PRIV A T E PR I V A T E PRI V A T E PRI V A T E PRIVA T E PRIVA T E PR I V A T E P R I V A T E PR I V A T E PRIVAT E C A R O L I N A B E A C H R D PRIVATE PRIVA T E 1,000 Feet®HNC Z-956 2 0 68 3 1 47 76 72 48 38 33 62 4441 57 52 58 81 66 77 39 56 61 37 24 25 32 27 35 43 64 74 79 50 55 59 78 75 51 8280 70 54 71 60 53 63 69 65 49 4645 42 26 36 28 23 30 31 34 CITY B-2 CDR-15 B-2R-10 CDR-10 R-7 CD O&I O&I CD B-1 CD Z-956 Case: Conditional Zoning District Request: Z-956 Existing Zoning/Use: Proposed Zoning/Use:Site Address: 5000 Block ofCarolina Beach Rd R-15/Single Family Residential (CZD) O&I/Office Parcels within 500 Feet of Case Site ! ! ! !!!!!!!!!!! ! ! ! !!!!!!!!!!! Case SiteNeighboring Parcels Zoning IDPhysical Address IDPhysical Address05041 CAROLINA BEACH RD254920 GATE POST LN05031 CAROLINA BEACH RD261517 B WILLOUGHBY PARK CT05025 CAROLINA BEACH RD271419 WILLOUGHBY PARK CT05029 CAROLINA BEACH RD285036 CAROLINA BEACH RD15022 CAROLINA BEACH RD295042 CAROLINA BEACH RD21413 WILLOUGHBY PARK CT305044 CAROLINA BEACH RD315 SILVER LAKE RD315051 CAROLINA BEACH RD45046 CAROLINA BEACH RD325030 CAROLINA BEACH RD51417 WILLOUGHBY PARK CT331527 B WILLOUGHBY PARK CT61521 A WILLOUGHBY PARK CT349 SILVER LAKE RD71521 B WILLOUGHBY PARK CT355002 CAROLINA BEACH RD81415 WILLOUGHBY PARK CT361527 A WILLOUGHBY PARK CT95026 CAROLINA BEACH RD375021 CAROLINA BEACH RD101405 WILLOUGHBY PARK CT381409 WILLOUGHBY PARK CT111501 WILLOUGHBY PARK CT391507 WILLOUGHBY PARK CT125009 CAROLINA BEACH RD405020 CAROLINA BEACH RD135108 GATE POST LN415018 CAROLINA BEACH RD145016 CAROLINA BEACH RD421503 WILLOUGHBY PARK CT155016 12-14 CAROLINA BEACH RD431535 WILLOUGHBY PARK CT161411 WILLOUGHBY PARK CT441525 A WILLOUGHBY PARK CT171527 D WILLOUGHBY PARK CT451517 A WILLOUGHBY PARK CT185010 CAROLINA BEACH RD461410 E WILLOUGHBY PARK CT191511 WILLOUGHBY PARK CT475019 CAROLINA BEACH RD201505 WILLOUGHBY PARK CT485043 CAROLINA BEACH RD215021 CAROLINA BEACH RD491421 WILLOUGHBY PARK CT225012 CAROLINA BEACH RD501527 C WILLOUGHBY PARK CT235012 CAROLINA BEACH RD511509 WILLOUGHBY PARK CT241525 B WILLOUGHBY PARK CT - 4 - 1ITEM: 4 Planning Board - April 14, 2016 CITY B-2 CDR-15 B-2 R-10 CD R-10 O&I B-1 CD R-7 CD O&I CD CO L L E G E R D S C A R O L I N A B E A C H R D HORN R D SILVE R L A K E R D PRIVA T E PRIOR D R RAYE D R MCGIR T P L GATE POST LN BEAM O N L N S P L I T R A I L D R HONEYDEW L N WILLO U G H B Y P A R K C T RIG G S T R L A R C H M I L W A Y EXUMA LN SHA D E T R E E L N SAN LU C A S C T LOMA N L N HONEYBEE LN EVERETTE CT MI L B Y S T PE R T H D R ANDROS L N ST I L L M E A D O W D R ELEUTHERA L N R O B I N E T T E R D BRENTON CT A P P E A L S R D PRIVA T E PRI V A T E CO L L E G E R D S RAYE D R PR I V A T E PR I V A T E PR I V A T E PRIVATE PRIVA T E PRIVA T E PRIVA T E PRIVATE PRI V A T E PR I V A T E C A R O L I N A B E A C H R D PRIVA T E 1,000 Feet®HNC Z-956 Case: Conditional Zoning District Request: Z-956 Existing Zoning/Use: Proposed Zoning/Use:Site Address: 5000 Block ofCarolina Beach Rd R-15/Single Family Residential (CZD) O&I/Office A-I A-I CD AR B-1 B-1 CD B-2 B-2 CD EDZD I-1 I-1 CD I-2 O&I O&I CD PD R-10 R-10 CD R-15 R-15 CD R-20 R-20 CD R-20S R-7 CD RA RFMU SC Zoning Districts Incorporated Areas SHOD - 5 - 1ITEM: 4 Planning Board - April 14, 2016 Urban Conservation Area Transition CO L L E G E R D S C A R O L I N A B E A C H R D HORN R D SILVE R L A K E R D PRIVA T E PRIOR D R RAYE D R MCGIR T P L GATE POST LN BEAM O N L N S P L I T R A I L D R HONEYDEW L N WILLO U G H B Y P A R K C T RIG G S T R L A R C H M I L W A Y EXUMA LN SHA D E T R E E L N SAN LU C A S C T LOMA N L N HONEYBEE LN EVERETTE CT ADAM S L A N D I N G D R MI L B Y S T PE R T H D R ANDROS L N ST I L L M E A D O W D R ELEUTHERA L N BRENTON CT A P P E A L S R D PRIVA T E PRI V A T E CO L L E G E R D S RAYE D R PR I V A T E PR I V A T E PR I V A T E PRIVATE PRIVA T E PRIVA T E PRIVA T E PRIVA T E PRIVATE PRI V A T E PR I V A T E C A R O L I N A B E A C H R D PRIVA T E 1,000 Feet®HNC Z-956 Case: Conditional Zoning District Request: Z-956 Existing Zoning/Use: Proposed Zoning/Use:Site Address: 5000 Block ofCarolina Beach Rd R-15/Single Family Residential (CZD) O&I/Office CAMA Classifications Conservation Area Natual Heritage Resource Protection Area Aquifer Resource Protection Area Watershed Resource Protection Wetland Resource Protection Area Urban Transition Community Rural - 6 - 1ITEM: 4 Planning Board - April 14, 2016 CO L L E G E R D S C A R O L I N A B E A C H R D HORN R D SILVE R L A K E R D PRIVA T E PRIOR D R RAYE D R MCGIR T P L GATE POST LN BEAM O N L N S P L I T R A I L D R HONEYDEW L N WILLO U G H B Y P A R K C T RIG G S T R L A R C H M I L W A Y EXUMA LN SHA D E T R E E L N SAN LU C A S C T LOMA N L N HONEYBEE LN EVERETTE CT ADAM S L A N D I N G D R MI L B Y S T PE R T H D R ANDROS L N ST I L L M E A D O W D R ELEUTHERA L N R O B I N E T T E R D BRENTON CT A P P E A L S R D PRIVA T E PRI V A T E CO L L E G E R D S RAYE D R PR I V A T E PR I V A T E PR I V A T E PRIVATE PRIVA T E PRIVA T E PRIVA T E PRIVA T E PRIVATE PRI V A T E PR I V A T E C A R O L I N A B E A C H R D PRIVA T E 1,000 Feet®HNC Notice:Utility lines are generalized and are only to show the relationship to the subject property and should not be relied on for other purposes. New Hanover County and the Cape Fear Public Utility Authorityare not responsible for the accuracy of this information Z-956 Sewer Collector Water Distribution Main Urban Services Area Case: Conditional Zoning District Request: Z-956 Existing Zoning/Use: Proposed Zoning/Use:Site Address: 5000 Block ofCarolina Beach Rd R-15/Single Family Residential (CZD) O&I/Office MARKET ST ^ I-140 I-14 0 I- 4 0 RIVE R R D U S H W Y 4 2 1 C A R O L I N A B E A C H SIDBURY RD MARK E T S T CA S T L E H A Y N E R D BLUE C L A Y R D CO L L E G E R D S HOLLY SHE L T E R R D OLEANDER DR EAST W O O D R D SHIPYARD BLV I- 4 0 E R I V E R R D WHI T E R D BEA C H R D S 4 1 S T S T *Site In USB* Urban Services Area - 7 - 1ITEM: 4 Planning Board - April 14, 2016 PROPOSED SITE PLAN - 8 - 1ITEM: 4 Planning Board - April 14, 2016 - 9 - 1 IT E M : 4 Pl a n n i n g B o a r d - A p r i l 1 4 , 2 0 1 6 APPLICANT MATERIALS - 10 - 1ITEM: 4 Planning Board - April 14, 2016 Page 1 of 3 04/14 Petitioner Information Property Owner(s) If different than Petitioner Subject Property Name Owner Name Address Company Owner Name 2 Parcel ID(s) Address Address Area City, State, Zip City, State, Zip Existing Zoning and Use Phone Phone Proposed Use Email Email Land Classification Application Tracking Information (Staff Only) Case Number Date/Time received:Received by: NEW HANOVER COUNTY PLANNING & INSPECTIONS Application for CONDITIONAL ZONING DISTRICT T 230 Government Center Drive Suite 110 Wilmington, NC 28403 910-798-7165 phone 910-798-7053 fax www.nhcgov.com APPLICATION OVERVIEW In order to assist petitioners through the rezoning process, petitioners are highly encouraged to attend a pre-application conference prior to application submittal. Petitioners are requested to review the sections of the Zoning Ordinance specific to zoning amendments and conditional zoning districts prior to submission, and advised to contact Planning Staff with any questions. The following sections of the Zoning Ordinance pertain specifically to zoning amendments and conditional zoning districts: •Section 55.3: Conditional Zoning Districts •Section 110: Amending the Ordinance •Section 111: Petitions •Section 112: Approval Process Applications for zoning amendments must first be considered by the New Hanover County Planning Board at a public hearing. The Planning Board will make a recommendation to the County Commissioners which will take final action on the permit application in a quasi-judicial public hearing. Attendance at all public hearings is required. The public hearings will allow staff, the applicant, proponents and opponents to testify in regards to the request. Unless otherwise published or announced, Planning Board meetings are held on the first Thursday of each month at 6:00PM in the Commissioner's Assembly Room at the Historic County Courthouse located at Third and Princess Streets, Wilmington, North Carolina. All meeting dates and application deadlines are published on the New Hanover County Planning website. CindeeWolf ClarenceK.&PeggyW.Henry&SeeAttachedReference DesignSolutions MichaelF.&AletaJ.Moser SeeAttachedReference POBox7221 5031CarolinaBeachRd 2.77ac.+/- Wilmington,NC28406 Wilmington,NC28412 R-15/Residence 910-620-2374 910-395-6811/910-799-8659 (CD)O&I/Office cwolf@lobodemar.biz Urban PrintForm - 11 - 1ITEM: 4 Planning Board - April 14, 2016 Page 2 of 3 04/14 APPLICATION REQUIREMENTS In order to assist petitioners through the rezoning process, petitioners are highly encouraged to attend a pre-application conference prior to application submittal. Applications must be reviewed by Planning Staff for completeness prior to being officially accepted. Applications must be submitted to Planning Staff at least twenty (20) working days before the Planning Board meeting at which the application is to be considered. In order to allow time to process, fees and review for completeness, applications will not be accepted after 5:00 PM on the deadline day. Once accepted, the Planning Board will consider the application at the assigned meeting unless the applicant requests a continuance. For all proposals, in addition to this application, the following supplemental information and materials are required: Required Information Applicant Initial Staff Initial Copy of the New Hanover County Tax Map, which delineates the property requested for rezoning. Legal description (by metes and bounds) of property requested for rezoning. Copy of the subdivision map or recorded plat which delineates the property. Site Plan (8-24x36 copies for Planning Board; 8-24x36 copies for Commissioners) x Tract boundaries and total area, location of adjoining parcels and roads x Proposed use of land, structures and other improvements. For residential uses, this shall include number, height and type of units and area to be occupied by each structure and/or subdivided boundaries. For non- residential uses, this shall include approximate square footage and height of each structure, an outline of the area it will occupy and the specific purpose for which it will be used. x Development schedule including proposed phasing. x Traffic and Parking Plan to include a statement of impact concerning local traffic near the tract, proposed right-of-way dedication, plans for access to and from the tract, location, width and right-of-way for internal streets and location, arrangement and access provision for parking areas. x All existing and proposed easements, reservations, required setbacks, rights-of-way, buffering and signage x The one hundred (100) year floodplain line, if applicable x Location and sizing of trees required to be protected under Section 62 of the Zoning Ordinance x Any additional conditions and requirements, which represent greater restrictions on development and use of the tract than the corresponding General Use District regulations or other limitations on land which may be regulated by State law or Local Ordinance. x Any other information that will facilitate review of the proposed change (Ref. Article VII, as applicable) A report of the required public information meeting outlined in Section 111-2.1. Authority for Appointment of Agent Form (if applicable) Fee -For petitions involving 5 acres or less, $600. For petitions involving greater than 5 acres, $700 - 11 - 2ITEM: 4 Planning Board - April 14, 2016 Page 3 of 3 04/14 CRITERIA REQUIRED FOR APPROVAL OF A CHANGE OF ZONING Conditional Use District Zoning is established to address situations where a particular land use would be consistent with the New Hanover County Land Use Plan and the Zoning Ordinance objective but for which none of the general zoning classifications which would allow that use are acceptable. The applicant should explain, with reference to attached plans (where applicable), how the proposed use satisfies these requirements. The applicant has the burden of proof and must provide sufficient evidence in order for the required findings to be met. You must explain in the space below how your request satisfies each of the following requirements (attach additional sheets if necessary): 1.How would the requested change be consistent with the County’s Policies for Growth and Development? 2.How would the requested zone change be consistent with the property’s classification on the Land Classification Map? 3.What significant neighborhood changes have occurred to make the original zoning inappropriate, or how is the land involved unsuitable for the uses permitted under the existing zoning? 4.List proposed conditions and restrictions that would mitigate the impacts of the proposed use(s). If an applicant requests delay of consideration from the Planning Board or Board of County Commissioners before notice has been sent to the newspaper, the item will be calendared for the next meeting and no fee will be required. If delay is requested after notice has been sent to the newspaper, the Board will act on the request at the scheduled meeting and are under no obligation to grant the continuance. If the continuance is granted, a fee in accordance with the adopted fee schedule as published on the New Hanover County Planning website will be required. By my signature below, I understand and accept all of the conditions, limitations and obligations of the Conditional Use District zoning for which I am applying. I understand that the existing official zoning map is presumed to be correct. I understand that I have the burden of proving why this requested change is in the public interest. I certify that this application is complete and that all information presented in this application is accurate tothe best of my knowledge, information, and belief. __________________________________________ _______________________________________ Signature of Petitioner and/or Property Owner Print Name Policiesforgrowthencouragecontinuedeffortstoattract&retainbusinesses.Theproposalistodevelopanofficebuilding alongaabusycommercialthoroughfare.Extendingthebusinesszone,butwithconditionalregulationsisconsistentwiththe conceptofin-fillingparcelswhereurbanservicesareavailable. Thesiteisinan"Urban"landclassification.TheUrbanclassificationisintendedformoreintensivedevelopmentwhereurban servicesarealreadyinplace. CarolinaBeachRoadisanextremelybusythoroughfare.Single-familyresidentialuseoflandsimmediatelyborderingithas becomegenerallyundesirable.Otherpropertiesalongthecorridorhavebeenzonedforbusinessusesandmulti-family development.Rezoningthispropertyforalow-impactofficeusewouldbelogical. Thetripgenerationforasmall,single-tenantofficebuildingislowerthanmanyofthemoreintensebusinessusesthatcouldbe appropriateforthislocation.Referencethesiteplanlayout&notesforproposedconditions.Fencing&abufferyardwill mitigateanyimpactstotheresidentialusestotheNorth&South.Streetyard&interiorplantingswillmeetthelandscape requirements&addtothevisualappealoftheproject.Architecturalfeaturesonthestreetfacadeofthebuildingwilladdto theoverallaesthetics. - 11 - 3ITEM: 4 Planning Board - April 14, 2016 - 1 1 - 4 IT E M : 4 Pl a n n i n g B o a r d - A p r i l 1 4 , 2 0 1 6 Conditional Zoning District Petition Parcel Included Parcel Address Owner p/o 313410.27.6328 5025 Carolina Beach Rd Clarence K. & Peggy W. Henry 313410.27.6328 5029 Carolina Beach Rd Michael F. & Aleta J. Moser p/o 313410.27.5047 5031 Carolina Beach Rd Michael F. & Aleta J. Moser p/o 313410.27.7325 5041 Carolina Beach Rd Michael F. & Aleta J. Moser - 11 - 5ITEM: 4 Planning Board - April 14, 2016 - 11 - 6ITEM: 4 Planning Board - April 14, 2016 - 11 - 7ITEM: 4 Planning Board - April 14, 2016 - 1 1 - 8 IT E M : 4 Pl a n n i n g B o a r d - A p r i l 1 4 , 2 0 1 6     Legal Description for  Conditional District O&I Rezoning        Beginning at a point in the northeastern boundary of Carolina Beach Road (U.S. Hwy. 421), a 160’ public  right‐of‐way; said point being located at the western most corner of Willoughby Park Condominiums,  recorded among the land records of the New Hanover County Registry in Map Book 37, at Page 397; and  running thence from the point of beginning with the Carolina Beach Road right‐of‐way,    North 39032’41” West, 308.88 feet to a point; thence  South 50028’45” West, 391.25 feet to a point; thence  South 39032’41” East, 308.88 feet to a point; thence  South 50028’45” West, 389.91 feet to the point and place of beginning,  containing 2.77 acres, more or less.    - 11 - 9ITEM: 4 Planning Board - April 14, 2016 REPORT OF COMMUNITY MEETING REQUIRED BY NEW HANOVER COUNTY ZONING ORIDINANCE FOR CONDITIONAL DISTRICT REZONINGS Location: 2715 N. 23rd Street Proposed Zoning: Conditional Zoning District (CD) O&I The undersigned hereby certifies that written notice of a community meeting on the above zoning application was given to the adjacent property owners set forth on the attached list by first class mail on __February 10, 2016_____, and emailed to all parties registered on the County’s “Sunshine List” on February 10, 2016 . A copy of the written notice is also attached. The meeting was held at the following time and place: Tuesday, February 23, 2016; 6:00 p.m.; Moose Lodge #343, 4610 Carolina Beach Road The persons in attendance at the meeting were: Reference Attached Sign-in List The following issues were discussed at the meeting: ** A project introduction was given with an overview of Conditional Zoning Districts and of the site layout. It was explained that this would be a small office building. ** Several neighbors discussed the drainage patterns & issues in the vicinity. As a result of the meeting, the following changes were made to the rezoning petition: None Date: March 8, 2016 Applicant: Design Solutions By: Cindee Wolf - 11 - 10ITEM: 4 Planning Board - April 14, 2016 - 11 - 11ITEM: 4 Planning Board - April 14, 2016 - 11 - 12ITEM: 4 Planning Board - April 14, 2016 Adjacent Property Owners Owner Owner_Address Owner_City LEE MARY ELIZABETH 1517 WILLOUGHBY PARK CT   B WILMINGTON, NC 28412 RAYYAN ANWAR 659 LAVEEN WAY   WILMINGTON, NC 28412 MOSER MICHAEL F ALETA JO 5031 CAROLINA BEACH RD   WILMINGTON, NC 28412 ROOSA CINTHIA M 1507 WILLOUGHBY PARK CT   WILMINGTON, NC 28412 HANCOCK DAVID ALLEN JENNIFER BOLAND5208 GATE POST LN   WILMINGTON, NC 28412 CROIGER YVES MARIE 810 WINE CELLAR CIR   WILMINGTON, NC 28411 HS PROPERTIES I LLC 3749 MERESTONE DR   WILMINGTON, NC 28412 ROWE DAVID FRANKLIN 1503 WILLOUGHBY PARK CT   WILMINGTON, NC 28412 JOHNSON JOHN WILLIAM II KELLI ANN L5220 GATE POST LN   WILMINGTON, NC 28412 KIRKMAN JACK L JR 312 W 76TH ST 4‐R    NEW YORK, NY 10023 WISHON AMANDA L ETAL 1527 WILLOUGHBY PARK CT  UNIT C WILMINGTON, NC 28412 BURCHAM SEAN A LINDA K 17430 SR 167 N N  DUNKIRK, IN 47336 BAKER JACQUELYN K REV LIV TR 5205 GATE POST LN   WILMINGTON, NC 28412 ROBERTS LAURA 1409 WILLOUGHBY PARK CT   WILMINGTON, NC 28412 MOSER MICHAEL F ALETA J 5031 CAROLINA BEACH RD   WILMINGTON, NC 28412 TERRA NOVA OF WILMINGTON LLC 5009 CAROLINA BEACH RD   WILMINGTON, NC 28412 BISHOP ROSE MARIE 1417 WILLOUGHBY PARK CT   WILMINGTON, NC 28412 MCMILLIAN KENNETH 1419 WILLOUGHBY PARK CT   WILMINGTON, NC 28412 GANEY ROSE KANNAN 1411 WILLOUGHBY PARK CT   WILMINGTON, NC 28412 FREEMAN JAMES W NANCY E 5016 CAROLINA BEACH RD   WILMINGTON, NC 28412 SANFORD PHYLLIS 3013 TYLER PL   WILMINGTON, NC 28409 CHEERS GAIL R WILBUR C 5026 CAROLINA BEACH RD   WILMINGTON, NC 28412 HOOPES DENISE J ETAL 1511 WILLOUGHBY PARK CT   WILMINGTON, NC 28412 BURCHAM SEAN A LINDA K 17430 NORTH SR 167 N    DUNKIRK, IN 47336 RAYYAN ANWAR 659 LAVEEN WAY   WILMINGTON, NC 28412 ALLEN DARLENE NORA 1413 WILLOUGHBY PARK CT   WILMINGTON, NC 28412 WINKLER JAMES E SANDRA L 5108 EVERETTE CT   WILMINGTON, NC 28412 KUSEL DAVID T KIMBERLY L 707 BROAD ST   BEAUFORT, NC 28516 ROSAK ROBERT ETAL 303 SILVA TERRA DR   WILMINGTON, NC 28412 SMITH LILLIAN 1546 HONEYBEE LN   WILMINGTON, NC 28412 PURVIS THOMAS R ALLISON 2 TANSY CT   BEDMINSTER, NJ 07921 CAMINITI ANNE M65 BRIELLE AVE   STATEN ISLAND, NY 10314 WYCKOFF KELLY VIRGINIA 241 VIRGINIA AVE N  BRIDGEPORT, WV 26330 HENRY CLARENCE K PEGGY W55 GIBSON DAIRY RD   ELIZABETHTOWN, NC 28337 RIVENBARK VICKI C 105 LAUGHING GULL LN   HAMPSTEAD, NC 28443 FRASER KEITH R SARAH C 5104 EVERETTE CT   WILMINGTON, NC 28412 TAYLOR RYAN 5116 GATE POST LN   WILMINGTON, NC 28412 JORDAN CECIL C BARBARA DILL ETAL 5021 CAROLINA BEACH RD   WILMINGTON, NC 28412 HARRIS LATISHA G 1527 WILLOUGHBY PARK CT   D WILMINGTON, NC 28412 BELOTE DAVID 5367 CURTISSTON CT   N CHARLESTON, SC 29418 HERRING CASEY J MEGAN N 5113 GATE POST LN   WILMINGTON, NC 28412 HEWLETT THEODORE 6917 MASONBORO SOUND RD   WILMINGTON, NC 28409 DILENA ROBERT ETAL 5110 GATE POST LN   WILMINGTON, NC 28412 CROCKER CAMILLE 1405 WILLOUGHBY PARK CT   WILMINGTON, NC 28412 MOSER MICHAEL F ALETA J 5031 CAROLINA BEACH RD   WILMINGTON, NC 28412 FORD MARK HUNTER ETAL 5118 EVERETTE CT   WILMINGTON, NC 28412 GRIFFITH CRYSTAL 5117 EVERETTE CT   WILMINGTON, NC 28412 MARTIN RAYMOND JR 5207 GATE POST LN   WILMINGTON, NC 28412 PRICE CECIL ETAL 5212 GATE POST LN   WILMINGTON, NC 28412 FREEMAN JAMES W NANCY E 5016 CAROLINA BEACH RD   WILMINGTON, NC 28412 GUYTON DEBRA L 5213 GATE POST LN   WILMINGTON, NC 28412 TETAUER ERIC P RAINA D 5201 STILL PINE DR   WILMINGTON, NC 28412 WILLOUGHBY PK TOWNHOMES OWNER60 PELICAN DR   WRIGHTSVILLE BCH, NC 28480 HORTON OCIE PAMELA W 1401 WILLOUGHBY PARK CT   WILMINGTON, NC 28412 KRUGH NORA M 1433 SPRING PINE CT   LELAND, NC 28451 ALTMAN CARL FRED LYNDA 520 SILVER LAKE RD   WILMINGTON, NC 28412 - 11 - 13ITEM: 4 Planning Board - April 14, 2016 TAYLOR ROBERT GINAIRO JUANITA HALL1401 WILLOUGHBY PARK CT   #4 WILMINGTON, NC 28412 BRYANT ELIZABETH MARIE 5215 GATE POST LN   WILMINGTON, NC 28412 ROBERTS JOHN C 5021 CAROLINA BEACH RD   WILMINGTON, NC 28412 TRIPLETT BRENT E 5222 GATE POST LN   WILMINGTON, NC 28412 MARSHALL ROGER LEE LINDY H 5121 EVERETTE CT   WILMINGTON, NC 28412 HOLLAND STEPHEN D ANNETTE B 5103 GATE POST LN   WILMINGTON, NC 28412 COZART NICOLE KATHRYN BRYANT 5211 GATE POST LN   WILMINGTON, NC 28412 WILLOUGHBY PARK OF WILM HOA 1430 COMMONWEALTH DR   WILMINGTON, NC 28403 PETTETT ELIZABETH S 5030 CAROLINA BEACH RD   WILMINGTON, NC 28412 HUG CHRISTOPHER D CANDY A 5209 GATE POST LN   WILMINGTON, NC 28412 ASHER ERIK T PATRICIA S 5210 GATE POST LN   WILMINGTON, NC 28412 SHEPHERD ANGELA LYNN 5109 EVERETTE CT   WILMINGTON, NC 28412 ROSAK ROBERT ALYSON D 303 SILVA TERRA DR   WILMINGTON, NC 28412 DEWIRE MARK R 5112 GATE POST LN   WILMINGTON, NC 28412 COPELAND MICHAEL KELLY 5111 EVERETTE CT   WILMINGTON, NC 28412 DEVENERO FRANK ETAL 5009 CAROLINA BEACH RD   WILMINGTON, NC 28412 KIRKMAN JACK L JR 312 76TH ST APR 4‐R    NEW YORK, NY 10023 MORAN MICHAEL WARD 5214 GATE POST LN   WILMINGTON, NC 28412 ABERNATHY ALYSON D0    PO BOX 12323 WILMINGTON, NC 28405 TORR JAMES D 1403 WILLOUGHBY PARK CT   WILMINGTON, NC 28412 GREEN BRIAN LESLIE JUDY L 5120 EVERETTE CT   WILMINGTON, NC 28412 SANCO OF WILM SERVICE CORP 110 HINTON AVE   WILMINGTON, NC 28403 ELMORE CHAD A 5108 GATE POST LN   WILMINGTON, NC 28412 HOBBS DAVID L CHIN Y 5202 GATE POST LN   WILMINGTON, NC 28412 SMITH JOSEPH E MELISSA A 5124 EVERETTE CT   WILMINGTON, NC 28412 AMERICAN RESIDENTIAL LEASING COMPANY21001 TATUM BLVD N SUITE 1630‐630PHOENIX, AZ 85050 PRICE DOUGLAS D TARA DOUGAN 5105 GATE POST LN   WILMINGTON, NC 28412 WELLS SVEN H 5203 GATE POST LN   WILMINGTON, NC 28412 WELMERS JOHN A JR RHONDA J 1682 HONEYBEE LN  UNIT 1 WILMINGTON, NC 28412 ECK KEITH DAVID TAKIKO 5109 GATE POST LN   WILMINGTON, NC 28412 STALEY FAYETTE 3822 SCOTS PL W  WILMINGTON, NC 28412 WILSON GREGG H ETAL 1601 WILLOUGHBY PARK CT   #1 WILMINGTON, NC 28412 FIELDS JOHNNIE E 1601 WILLOUGHBY PARK CT   3 WILMINGTON, NC 28412 RUSSELL SANDRA LEE 1600 WILLOUGHBY PARK CT   WILMINGTON, NC 28412 KOLB BOBBY ELAINE 144 DRIFTWOOD CT   WRIGHTSVILLE BCH, NC 28480 BREEZE DUNCAN 1402 WILLOUGHBY PARK CT   WILMINGTON, NC 28412 BAKER JUANITA A 1604 WILLOUGHBY PARK CT   C WILMINGTON, NC 28412 DEMANN THOMAS P 107 BRYAN RD   WILMINGTON, NC 28412 KRAMER MICHELLE IRENE 1600 WILLOUGHBY PARK CT  UNIT 4B WILMINGTON, NC 28412 CAMPBELL INEZ M 1494 HONEY BEE LN   WILMINGTON, NC 28412 LONG NANCY M PETER I 1422 WILLOUGHBY PARK CT  UNIT 4 WILMINGTON, NC 28412 VINCENT BETTY B ETAL 503 MAVERICK RD   KERNERSVILLE, NC 27284 KUSHINSKY DENESE J 1529 HONEY BEE LN   WILMINGTON, NC 28412 KRISANDA ROBERT J DONNA L 207 BENJAMIN ST   SCHENECTADY, NY 12303 KILGORE KATHRYN A 1548 HONEYBEE LN   WILMINGTON, NC 28412 SMITH LILLIAN 1546 HONEYBEE LN   WILMINGTON, NC 28412 AAB JOHN WINIFRED 1558 HONEYBEE LN   WILMINGTON, NC 28412 MONKEY JUNCTION MINI STORAGE 5044 CAROLINA BEACH RD   WILMINGTON, NC 28412 PRINCE JAMES V CYNTHIA L 3710 CAIN CT   WILMINGTON, NC 28409 SULTAN F MARTIN PAULA 0    PO BOX 15277 WILMINGTON, NC 28418 BELLA & CLIFF SUNRISE RENTALS LLC 416 OCEANA WAY   CAROLINA BEACH, NC 28428 BELLA AND CLIFF SUNRISE RENTALS LLC416 OCEANA WAY   CAROLINA BEACH, NC 28428 DESSING MARGARET ADAMS 5206 GATE POST LN   WILMINGTON, NC 28412 VEALS BONNIE LEE 1414 WILLOUGHBY PARK CT   2 WILMINGTON, NC 28412 WALKER AUDRA DIANNE 1609 WILLOUGHBY PARK CT   6 WILMINGTON, NC 28412 PRIVOTT HENRY L MARGARET G 4316 JOHNSTON LN   KITTY HAWK, NC 27949 FALCONE LOIS 1609 WILLOUGHBY PARK CT   4D WILMINGTON, NC 28412 BATCHELOR CHARLES R JR DEVIN MICHELLE1410 WILLOUGHBY PARK CT   7 WILMINGTON, NC 28412 - 11 - 14ITEM: 4 Planning Board - April 14, 2016 FARRELL MARGARET 1556 HONEY BEE LN   WILMINGTON, NC 28412 HOLDEN DANNY W JO ELLEN 6419 OLD FORT RD   WILMINGTON, NC 28411 COLLINS MARY E 1608 WILLOUGHBY PARK CT   WILMINGTON, NC 28412 SORBER RICHARD G DEBRA I 1097 SHICKSHINNY VALLEY RD   SHICKSHINNY, PA 18655 PARKER MAURICE NANCY 1534 HONEYBEE LN   WILMINGTON, NC 28412 BAUGHMAN JARRELL TERESA A 1604 WILLOUGHBY PARK CT   5E WILMINGTON, NC 28412 SHIVELY MARJORIE H ETAL 1519 HONEYBEE LN   WILMINGTON, NC 28412 MAUCERI MEAGAN 4105 HEARTHSIDE DR  APARTMENT 103WILMINGTON, NC 28412 KULICK LORI ANN 4813 SPLIT RAIL DR   WILMINGTON, NC 28412 MCGLOTHIN JOSEPH SYLVIA 0    PO BOX 71 CEDAR BLUFF, VA 24609 HYATT FRANKLIN M BESSIE C 1576 HONEY BEE LN   WILMINGTON, NC 28412 ARON JEFFREY 1623 HONEYBEE LN   WILMINGTON, NC 28412 SCHMIDT TAMMY J 1660 HONEYBEE LN   WILMINGTON, NC 28412 CARPER PAULA W 1626 HONEY BEE LN   WILMINGTON, NC 28412 PACILLI DOMINIC C 1620 HONEYBEE LN   WILMINGTON, NC 28412 MYERS DANNY A BARBARA J ETAL 1610 HONEYBEE LN   WILMINGTON, NC 28412 WAGNER JUDITH A LIVING TRUST 3940 MEMBERS CLUB BLV SE  SOUTHPORT, NC 28461 BORZONE HAROLD L JR 1513 HONEYBEE LN   WILMINGTON, NC 28412 MAGGIO LOUISE 20 FOREST DR   GARNERVILLE, NY 10923 VALIENTE NICOLE A 1659 HONEYBEE LN   WILMINGTON, NC 28412 BLEVINS JENNIFER CHERYL 1686 HONEYBEE LN   WILMINGTON, NC 28412 LITTLEJOHN JANICE 1637 HONEYBEE LN   WILMINGTON, NC 28412 CLIFTON ANN MARIE 5705 FAYETTEVILLE RD   2107 DURHAM, NC 27713 CLARKE CAROLYN HART 1501 HONEYBEE LN   WILMINGTON, NC 28412 LEFEVRE JERRY T KELLY J 1414 WILLOUGHBY PARK CT   5 WILMINGTON, NC 28412 SARRO FAMILY IRREV TRUST 37 HILLSIDE AVE   N FALMOUTH, MA 02556 JONES JULIA M 1518 HONEYBEE LN   WILMINGTON, NC 28412 WHITE CARLTON R FREIDA J 1635 HONEYBEE LN   WILMINGTON, NC 28412 FRANCO ANA M 1690 HONEYBEE LN   WILMINGTON, NC 28403 HAN CHEN YUAN YAO 3307 MYSTIC SUMMIT DR CEDAR PARK, TX 78613 WILLOUGHBY PARK CONDO ASSN INC 1630 MILITARY CUTOFF RD   108 WILMINGTON, NC 28403 LINEBERGER KRISTI 1632 HONEYBEE LN   5 WILMINGTON, NC 28412 SAVINO JOAN M 1672 HONEYBEE LN   WILMINGTON, NC 28412 GAVIN ERIN KATHLEEN 6401 NEW HOPE PL   WILMINGTON, NC 28409 MILANESE JAMES M 1574 HONEYBEE LN   WILMINGTON, NC 28412 WAGNER VICTORIA 1616 HONEYBEE LN   WILMINGTON, NC 28412 RACINE RUMPUN S 1600 WILLOUGHBY PARK CT   #3 WILMINGTON, NC 28412 KELL NANCY L 1406 WILLOUGHBY PARK CT  UNIT 2 WILMINGTON, NC 28412 MORAN DANIEL J 1604 WILLOUGHBY PARK CT   WILMINGTON, NC 28412 MARTINO MARILYN A IRREV TR 1657 HONEYBEE LN   WILMINGTON, NC 28412 JACKSON ELLEN G 1601 WILLOUGHBY PARK CT  UNIT 4 WILMINGTON, NC 28412 GRANT SIDNEY M DEBORAH A 917 NORTHSHORE CT   HIGH POINT, NC 27265 NAGRA AJEET 1604 WILLOUGHBY PARK CT  UNIT 7 WILMINGTON, NC 28412 HALE STEPHANIE JANE 1488 HONEYBEE LN   WILMINGTON, NC 28412 CASTRELLO JOHN F JR 4705 PINEVIEW DR   WILMINGTON, NC 28412 WEISS PEARL E 1582 HONEYBEE LN   WILMINGTON, NC 28412 TINGLEY EDWARD B SARAH F 1605 WILLOUGHBY PARK CT   C WILMINGTON, NC 28412 PUTNAM ROBERT D JR KATHERINE A 5118 GATE POST LN   WILMINGTON, NC 28412 LAKES AT JOHNSON FARMS INC 2502 17TH ST S  WILMINGTON, NC 28405 MARQUIS MICHAEL S JULIE E 3804 MOUNT OLNEY LN   OLNEY, MD 20832 LANUNZIATA TAMMARA ANN 1406 WILLOUGHBY PARK CT  UNIT 4 WILMINGTON, NC 28412 MCGEE DERRICK E 4808 WATERFORD KNOLL DR  UNIT 618CHARLOTTE, NC 28226 GILMORE CLIFFORD 3208 BOUGAINVILLEA WAY   WILMINGTON, NC 28409 STAVRACOS PETER C DIANE C ETAL 1515 HONEY BEE LN   WILMINGTON, NC 28412 RAPID PACE ENTERPRISES LLC 0    PO BOX 1330 BOILING SPRINGS, NC 28017 STONE RIVER GEAR LLC PROFIT SHARING2963 STATE ROUTE 209    KINGSTON, NY 12401 LUCKIE AE KYOM 524 DANDRIDGE DR   FAYETTEVILLE, NC 28303 JONES BRENT A 1422 WILLOUGHBY PARK CT   1 WILMINGTON, NC 28412 - 11 - 15ITEM: 4 Planning Board - April 14, 2016 LYONS SHERRI MARK 10845 NY 28    FORESTPORT, NY 13338 SKILES MARY E 1505 HONEYBEE LN   WILMINGTON, NC 28412 MARQUIS HOLDINGS LLC 60 PELICAN DR  UNIT C WRIGHTSVILLE BCH, NC 28480 SPIVEY FELICIA G 1492 HONEYBEE LN   3 WILMINGTON, NC 28412 HAMBEL THERESA B 1500 HONEYBEE LN  UNIT 6 WILMINGTON, NC 28412 HUG PATRICIA HRS 5209 GATE POST LN   WILMINGTON, NC 28412 OBERMEYER FAMILY REV LIV TRUST 611 THE CAPE BLV   WILMINGTON, NC 28412 STUMPP PEGGY JO 1608 WILLOUGHBY PARK CT  UNIT 1 WILMINGTON, NC 28412 NGO HUY HUNG MAI P QUACH 1223 MATTEO DR   WILMINGTON, NC 28412 SMITH STEVEN J VIRGINIA A 200 COLQUITT DR   WILMINGTON, NC 28412 BROWN REBECCA J 5217 GATE POST LN   WILMINGTON, NC 28412 GOLDMAN CHARLES JUDIE 115 SPIDER LILLY CT   GRIFFIN, GA 30223 REGAN REGINALD C DIANE C 5200 GATE POST LN   WILMINGTON, NC 28412 SABINE MARIE 1542 HONEYBEE LN   WILMINGTON, NC 28412 WATRO RICHARD J ETAL 0    PO BOX 12 KEYSER, WV 26726 ROSS GERALDINE A 1652 HONEYBEE LN   WILMINGTON, NC 28412 CHEVRES RUBY 1601 WILLOUGHBY PARK CT  # 6 WILMINGTON, NC 28412 PERRY BARBARA 1604 WILLOUGHBY PARK CT   B WILMINGTON, NC 28412 FRIESLAND KURT DAVID BARBARA 9198 VICTORIA DR   ELLICOTT CITY, MD 21042 SAMPSON SAMUEL DOROTHY M 1541 HONEYBEE LN   WILMINGTON, NC 28412 GUERZON GODFREY M JELITA G REV TRUST5123 EVERETTE CT   WILMINGTON, NC 28412 QUINTUS ARLENE 1654 `HONEYBEE LN   WILMINGTON, NC 28412 BRUCE DAVID ALAN ETAL 1608 WILLOUGHBY PARK CT  APT 5 WILMINGTON, NC 28412 SIMS MARY F ETAL 1524 HONEY BEE LN   WILMINGTON, NC 28412 FOSS KEVIN B JULIE R 1402 WILLOUGHBY PARK CT   8 WILMINGTON, NC 28412 ALLGAUER ROY ETAL 114 MACY PL   MOBILE, AL 36604 WOOD NORMA L 827 SHELTON CT   WILMINGTON, NC 28412 POTULOVA LYUDMILA A VALERIY M 5219 GATE POST LN   WILMINGTON, NC 28412 GABRIELE ZOE JOY 1615 HONEYBEE LN   WILMINGTON, NC 28412 BEIT MERSEM OF WILMINGTON LLC 4305 TOLLINGTON DR   WILMINGTON, NC 28412 ADDAIR ANGELA 1402 WILLOUGHBY PARK CT  UNIT 2 WILMINGTON, NC 28412 ALLEN LUCILLE B LIFE ESTATE 1410 WILLOUGHBY PARK CT   B WILMINGTON, NC 28412 DAVID G PHILLIP 1516 DAWSON ST   WILMINGTON, NC 28401 ZUBRICK STEFANIE M 1547 HONEYBEE LN   WILMINGTON, NC 28412 ROLLER CAROL M 1536 HONEY BEE LN   WILMINGTON, NC 28412 VANDAMM ROBERT G SHERRY S 1406 WILLOUGHBY PARK CT   WILMINGTON, NC 28412 STEVENSON CAROLE A 1517 HONEYBEE LN   WILMINGTON, NC 28412 SHEARIN WHITNEY H 4616 MILL VILLAGE RD   RALEIGH, NC 27612 BROOKS JONATHAN P ETAL 1422 WILLOUGHBY PARK CT   G WILMINGTON, NC 28412 MILLER MARY JO 1410 WILLOUGHBY PARK CT   4 WILMINGTON, NC 28412 BEIT MERSEM OF WILMINGTON LLC 4305 TOLLINGTON DR   WILMINGTON, NC 28412 VINCENT BETTY B 1527 HONEY BEE LN   WILMINGTON, NC 28412 ALLGAUER MARK A DIANA L 1627 HONEYBEE LN   WILMINGTON, NC 28412 PARIKH HASMUKH LEENA 4308 GAINESFORD CT   WILMINGTON, NC 28412 GADSON VERA REV TRUST 1564 HONEYBEE LN   WILMINGTON, NC 28412 HIPP SANDRA 11601 ABERNATHY RD   CHARLOTTE, NC 28216 GALL NORMAN WAYNE LINDA ANN 3949 MASSEY RUN   RALEIGH, NC 27616 CRITELLI CHRISTINE A79 COOPER AVE   W LONG BRANCH, NJ 07764 MIZE NANCY B 1538 HONEYBEE LN   WILMINGTON, NC 28412 SNOW LINDA L 1609 WILLOUGHBY PARK CT   5 WILMINGTON, NC 28412 KESTELOOT GILES TARA 1418 WILLOUGHBY PARK CT   8 WILMINGTON, NC 28412 PIEPMEYER BARBARA L HRS 1406 WILLOUGHBY PARK CT   3 WILMINGTON, NC 28412 CAMPANELLA RALPH J FLORENCE 3443 BEAVER CREEK DR   SOUTHPORT, NC 28461 MORROW HEIDI PATRICIA 1414 WILLOUGHBY PARK CT   6 WILMINGTON, NC 28412 CALHOUN TODD W MICHELE M 5113 EVERETTE CT   WILMINGTON, NC 28412 SCHELL ROBERT DOLORES E 1402 WILLOUGHBY PARK CT   WILMINGTON, NC 28412 UMSTEAD STEPHEN E 1410 WILLOUGHBY PARK CT   H WILMINGTON, NC 28412 LECCI LEN KELLY 219 LODER AVE   WILMINGTON, NC 28409 - 11 - 16ITEM: 4 Planning Board - April 14, 2016 MYERS JAMES S LINDA G SCHWARTZ 1613 HONEYBEE LN   WILMINGTON, NC 28412 HS PROPERTIES I LLC 3749 MERESTONE DR   WILMINGTON, NC 28412 TRATAR KENNETH J SANDRA H TRUST 2562 VISTA DR   NEWPORT BEACH, CA 92663 BECKMEYER KRISTEN 1508 HONEYBEE LN   WILMINGTON, NC 28412 BEIT MERSEM OF WILMINGTON LLC 4305 TOLLINGTON DR   WILMINGTON, NC 28412 BEIT MERSEM OF WILMINGTON LLC 4305 TOLLINGTON DR   WILMINGTON, NC 28412 KISER RICHARD K MARY C0    PO BOX 723 MONROE, NC 28111 ERWAY THOMAS R DOROTHY W 513 HORTON PL   WINNABOW, NC 28479 SCHAVITZ JEANETTE M 1608 WILLOUGHBY PARK CT   WILMINGTON, NC 28412 BARNUM SHERYL J 1422 WILLOUGHBY PARK CT   8 WILMINGTON, NC 28412 FARRELL DENIS W EVA 1651 HONEYBEE LN   WILMINGTON, NC 28412 BROKAW PETER V INES 1636 HONEYBEE LN   WILMINGTON, NC 28412 KELCHNER BETTY ANN ETAL 3814 WRIGHTSVILLE AVE   WILMINGTON, NC 28403 MAURER PATRICIA 1410 WILLOUGHBY PARK CT  UNIT 1 WILMINGTON, NC 28412 BUTLER JOHN W JR 0    PO BOX 1143 WRIGHTSVILLE BCH, NC 28480 HALE PATRICIA C 1608 HONEY BEE LN   WILMINGTON, NC 28412 COBLE RANDOLPH L JR MARY JANE 1618 HONEYBEE LN   WILMINGTON, NC 28412 MORRIS SANDRA S 5204 GATE POST LN   WILMINGTON, NC 28412 GIMPEL ROBERT ETAL 421 BLACKBEARD RD W  WILMINGTON, NC 28409 ADAMS DONALD R BARBARA D 1641 HONEYBEE LN   WILMINGTON, NC 28412 GIBNEY ANN S 5216 GATE POST LN   WILMINGTON, NC 28412 MONKEY JUNCTION CAR WASH LLC 5044 CAROLINA BEACH RD   WILMINGTON, NC 28412 VERA RODRIGO A 7757 IVERSHAM DR   FALLS CHURCH, VA 22042 GUARDIA VITO N ANN T 0    PO BOX 351 MATAMORAS, PA 18336 WEEKS VELMA C 1510 HONEYBEE LN   WILMINGTON, NC 28412 MERCIER MAURICE FAMILY TRUST 1543 HONEYBEE LN   WILMINGTON, NC 28412 BUTLER JAMES E 2013 CASTLE ST   WILMINGTON, NC 28403 SELLARS THOMAS M MARGARET W 1580 HONEYBEE LN   WILMINGTON, NC 28412 CURTIS KEIKO 1605 WILLOUGHBY PARK CT   2 WILMINGTON, NC 28412 PUSEY ELEANOR LOUISE 1221 TIDEWATER DR  APT 213 NORTH MYRTLE BCH, SC 29582 THOMAS DEBORAH PARKER 5106 EVERETTE CT   WILMINGTON, NC 28412 RICE BONITA N WARREN L 1572 HONEYBEE LN   WILMINGTON, NC 28412 FARRELL COLLEEN 1658 HONEYBEE LN   6 WILMINGTON, NC 28412 PRITSKY HILDA 1655 HONEYBEE LN   WILMINGTON, NC 28412 KOLLURU SARATH C 2903 PROFESSIONAL PARK DR  STE DBURLINGTON, NC 27215 HINSON WILEY FRANKLIN JR GERALDINE B1694 HONEYBEE LN   WILMINGTON, NC 28412 WILLIAMS ANTHONY O ETAL 1605 WILLOUGHBY PARK CT   WILMINGTON, NC 28412 HILL CYNTHIA L 1406 WILLOUGHBY PARK CT  UNIT 1 WILMINGTON, NC 28412 AMJB PROPERITES LLC 5044 CAROLINA BEACH RD   WILMINGTON, NC 28412 MCKENNA RAYMOND MARGARET 128 RIDDLE ST   BRENTWOOD, NY 11717 WILLARD JOHN MICHAEL 6110 CAISON RD   OAK RIDGE, NC 27310 BENDNARCZYK NORA 1560 HONEYBEE LN   WILMINGTON, NC 28412 ST ANA ELIZABETH J 1602 HONEY BEE LN   WILMINGTON, NC 28412 CRAVIS ANN M 1650 HONEYBEE LN   4 WILMINGTON, NC 28403 JENNINGS KELLY C 1676 HONEY BEE LN   WILMINGTON, NC 28412 MAGGI PATRICIA 1586 HONEYBEE LN   WILMINGTON, NC 28412 SASHA TRUST 7421 WASHINGTON ST   FOREST PARK, IL 60130 COLE CECIL DANIAL VIVIAN W ETAL 5612 CHANCERY PL   WILMINGTON, NC 28409 MILLIGAN GLADYS JOHNSON LIFE ESTATE5440 SPARROW ST   OCEAN ISLE BEACH, NC 28469 CHRISTNER JEFFREY M 607 ALABAMA AVE  UNIT A CAROLINA BEACH, NC 28428 DEMPSEY DOROTHY W 1545 HONEY BEE LN   WILMINGTON, NC 28412 LAKES AT JOHNSON FARMS HOA INC 0    PO BOX 5585 WILMINGTON, NC 28403 COSTANTINI ARTHUR F RUTH A 465 FORT FISHER BLV N  KURE BEACH, NC 28449 MOSER MICHAEL F ALETA J 5031 CAROLINA BEACH RD   WILMINGTON, NC 28412 REUSCH JOAN B 1402 WILLOUGHBY PARK CT   3 WILMINGTON, NC 28412 DUNCAN JUDY 1522 HONEYBEE LN   WILMINGTON, NC 28412 PINTHER ELEANOR M 1648 HONEY BEE LN   WILMINGTON, NC 28412 MISCHLER DANIEL E FRANCES D 1680 HONEYBEE LN   WILMINGTON, NC 28412 - 11 - 17ITEM: 4 Planning Board - April 14, 2016 BEIT MERSEM OF WILMINGTON LLC 4305 TOLLINGTON DR   WILMINGTON, NC 28412 CPGPI STILL MEADOW LLC 0    PO BOX 450233 ATLANTA, GA 31145 MERCER JOHN N ELIZABETH E 1402 WILLOUGHBY PARK CT   A WILMINGTON, NC 28412 ROSE KRISTINE K 1410 WILLOUGHBY PARK CT   #C WILMINGTON, NC 28412 KEIFETZ LINDSAY G ETAL 43642 SCARLET SQ   CHANTILLY, VA 20152 KLEMANN EMILY S 913 TALIGA LN   WILMINGTON, NC 28412 MARREN SHARON M 1647 HONEYBEE LN   WILMINGTON, NC 28412 ALLGAUER ANNE M 1629 HONEYBEE LN   WILMINGTON, NC 28412 BOSTIC ADRIENNE B 1612 HONEYBEE LN   WILMINGTON, NC 28412 JORDAN THERESSA 1606 HONEYBEE LN   WILMINGTON, NC 28412 STROUD LEE 2215 COLONY PLZ   JACKSONVILLE, NC 28546 RICHARDS KAREN F 5111 GATE POST LN   WILMINGTON, NC 28412 DAVIS JOHN LEE JR ELIZABETH G 5201 GATE POST LN   WILMINGTON, NC 28412 TIGHE EDWARD J ETAL 2093 LAPHAM DR   LELAND, NC 28451 HONAN THOMAS M 4201 BAYSHORE BLV  UNIT 1704 TAMPA, FL 33611 KBL GROUP LLC 108 TURTLE CAY   UNIT 6 WILMINGTON, NC 28412 MYRTLE PROPERTIES LLC 0    PO BOX 1144 WILMINGTON, NC 28401 GAINUS LINDSAY 1502 HONEYBEE LN   12 WILMINGTON, NC 28412 SCUORZO NICHOLAS WILLIAM 1600 WILLOUGHBY PARK CT   H WILMINGTON, NC 28412 ILM PROPERTY LLC ETAL 2106 MEDEIRA CT   WILMINGTON, NC 28405 GALLAGHER BERNARD F PATTI ANN 402 BOBBY JONES DR   WILMINGTON, NC 28412 ROOT BILLIE GRACE 1544 HONEYBEE LN   WILMINGTON, NC 28412 GREEN ROBERT DANSBY 31 OAK HOLLOW CT   MILLBROOK, AL 36054 TUCKER ALAN T PATRICIA S 5107 GATE POST LN   WILMINGTON, NC 28412 KILLIAN MARK A ANITA W 1634 HONEYBEE LN   WILMINGTON, NC 28412 KUROSKY BENNETT MARLENE 1630 HONEYBEE LN   WILMINGTON, NC 28412 KESICK MICHAEL LORI ETAL 205 CREEKSIDE DR   ANGIER, NC 27501 WAINRIGHT JO SHERMAN 1605 WILLOUGHBY PARK CT   A WILMINGTON, NC 28412 BRIGGS BRIAN A 1418 WILLOUGHBY PARK CT   1 WILMINGTON, NC 28412 MATHIS TONI M 1532 HONEYBEE LN   WILMINGTON, NC 28412 SHIKIAR LOUIS 1622 HONEYBEE LN   WILMINGTON, NC 28412 GRUSMARK GEORGE A DONNA C 1645 HONEYBEE LN   WILMINGTON, NC 28412 MYRTLE PROPERTIES LLC 0    PO BOX 1144 WILMINGTON, NC 28402 SELLERS TARI KAREN MILES 5200 STILL PINE DR   WILMINGTON, NC 28412 ROCKWELL PAMELA J ETAL 1604 WILLOUGHBY PARK CT   A WILMINGTON, NC 28412 GRATE JUDITH A 1609 WILLOUGHBY PARK LN   #7 WILMINGTON, NC 28412 K&D REAL ESTATE LLC 105 PALLADIO DR   GREENVILLE, SC 29617 ODELL MARGUERITE 1549 HONEYBEE LN   WILMINGTON, NC 28412 WILLOUGHBY PARK CONDO ASSN INC 1430 COMMONWEALTH DR   WILMINGTON, NC 28403 BENNETT GLEN H DEANE W 1496 HONEYBEE LN   WILMINGTON, NC 28412 COX JESSE RAY EVA JEAN 1608 WILLOUGHBY PARK CT   6 WILMINGTON, NC 28412 MATTOS THOMAS CYNTHIA 1520 HONEY BEE LN   WILMINGTON, NC 28412 PEPPER HARRY W NORA M 1506 HONEYBEE LN   WILMINGTON, NC 28412 BARROW DENNIS L 1528 HONEYBEE LN   WILMINGTON, NC 28412 BEIT MERSEM OF WILMINGTON LLC 4305 TOLLINGTON DR   WILMINGTON, NC 28412 ENGELS FLORENCE C 1531 HONEYBEE LN   WILMINGTON, NC 28412 BAMBENEK AMY L 1507 HONEYBEE LN   WILMINGTON, NC 28412 TAYLOR ADRIAN C 1414 WILLOUGHBY PARK CT   3 WILMINGTON, NC 28412 ROBERTS GARY J 1601 WILLOUGHBY PARK CT  APT 5 WILMINGTON, NC 28412 AUGUSTIN GISELA 1609 WILLOUGHBY PARK CT   B WILMINGTON, NC 28412 WOLFSON HAL 1 ANGELA CT   CALDWELL, NJ 07006 CURLETTI MARK J KATHLEEN L 1617 HONEYBEE LN   WILMINGTON, NC 28412 - 11 - 18ITEM: 4 Planning Board - April 14, 2016 P.O. Box 7221, Wilmington, NC 28406 * Telephone: 910-620-2374 * Email: cwolf@lobodemar.biz Transmittal February 10, 2016 To: Adjacent Property Owners From: Cindee Wolf Re: Woodridge Pointe A property owner is interested in developing an 80-unit apartment complex & a medium- sized office building on land within the proximity of your property. This proposal would require both Conditional Zoning District and Conditional Use District approvals from New Hanover County. These approvals allow particular uses to be established only in accordance with specific standards and conditions pertaining to each individual development project. Essentially, this means that only that use, structures and layout on an approved proposal can be developed. A plan of the two projects is enclosed. The County requires that the developer hold a meeting for all property owners within 500 feet of the tract boundary, and any and all other interested parties. This provides neighbors with an opportunity for explanation of the proposal and for questions to be answered concerning project improvements, benefits and impacts. A meeting will be held on Tuesday, February 23rd, 6:00 – 7:00 p.m., at the Moose Lodge #343, 4610 Carolina Beach Road. If you cannot attend, you are also welcome to contact me at telephone # 620-2374, or email cwolf@lobodemar.biz with comments and/or questions. We appreciate your interest in the project and look forward to being a good neighbor and an asset to the community. - 11 - 19ITEM: 4 Planning Board - April 14, 2016 1 i n c h = 1 0 0 f t . 0 1 3 2 4 SI T E D A T A ZO N I N G : E X I S T I N G - R - 1 5 P R O P O S E D - ( C Z D ) R - 1 0 w / S U P & ( C Z D ) O & I SI T E A R E A : ± 6 . 2 4 A C R E S DE N S I T Y : 1 7 U N I T S P E R A C R E M A X PA R K I N G : ± 1 6 2 S P A C E S P R O P O S E D ( 2 P E R U N I T ) SC R E E N E D T R A S H / RE C Y C L I N G C E N T E R LE A S I N G O F F I C E / CL U B H O U S E PA S S I V E RE C . A R E A PL A Y G R O U N D / CO V E R E D P I C N I C A R E A ST O R M W A T E R PO N D WE T L A N D S 25 ' S E T B A C K 25 ' S E T B A C K RE C . A R E A 44 ' S E T B A C K MA I N E N T R A N C E 68 . 7 5 ' S E T B A C K UN I T S : 8 - 1 B E D R O O M 36 - 2 B E D R O O M 30 - 3 B E D R O O M 6 - 4 B E D R O O M 80 T O T A L U N I T S MA I L K I O S K NO T E : S I T E E N T R A N C E T O N E A R E S T RE S I D E N T I A L B U I L D I N G L E S S T H A N 5 0 0 ' 8' F E N C E A L O N G P R O P E R T Y L I N E (F U L L L E N G T H O F D R I V E ) ST A B I L I Z E D S U R F A C E FO R E M E R G E N C Y AC C E S S OFFICE BUILDING Wi l m i n g t o n , N o r t h C a r o l i n a Wo o d r i d g e P o i n t e Da t e : 2 - 9 - 1 6 PA R K S - P L A Y E R A R C H I T E C T U R E & P L A N N E R S , L L C CO N N E L L Y DE V E L O P M E N T NC , L L C Da t e : 2 - 2 2 - 1 6 - 1 1 - 2 0 IT E M : 4 Pl a n n i n g B o a r d - A p r i l 1 4 , 2 0 1 6 NEW HANOVER COUNTY PLANNING BOARD REQUEST FOR BOARD ACTION MEETING DATE: April 14, 2016 REGULAR ITEM: DEPARTMENT: PRESENTER(S): Brad Schuler, Current Planner CONTACT(S): SUBJECT: Public Hearing Rezoning Request (Z-957, 4/16) – Request by Design Solutions, applicant, on behalf of the property owners, Clarence K. & Peggy W. Henry, and Michael F. & Aleta J. Moser, to rezone 5.8 acres located at the 5000 block of Carolina Beach Road from R-15, Residential District, to (CUD) R-10, Conditional Use Residential District, in order to develop a high density development. The property is classified as Urban according to the 2006 CAMA Land Use Plan. BRIEF SUMMARY: The property proposed to be rezoned consists of land within four parcels totaling 5.8 acres. It is located just north of Monkey Junction (intersection of College Road and Carolina Beach Road) and was zoned R-15 when zoning was initially applied to this area in 1971. The property adjoins land that has been annexed into the City of Wilmington. The zoning in the vicinity consists of a mixture of commercial and residential districts. The commercial districts, including B-2, (CZD) B-2, and O&I, are located along Carolina Beach Road, and create a large commercial node around Monkey Junction. The commercial uses include a mixture of office, retail, and restaurant uses. According to the 2006 CAMA Plan, the site is classified as Urban. The purpose of the Urban classification is to provide for continued intensive development and redevelopment of existing urban areas. 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 approval of the rezoning and Special Use Permit and suggests the following motions: Rezoning: Motion to recommend approval, as the Planning Board finds that this application for a zoning map ITEM: 5 Planning Board - April 14, 2016 amendment of 5.8 acres from R-15, Residential District, to (CUD) R-10, Conditional Use Residential District as described is: 1.Consistent with the purposes and intent of the 2006 CAMA Land Use Plan because the Urban classification provides continued intensive development and redevelopment of urban areas. The property is access from an arterial street and is in close proximity to public water and sewer services. 2.Reasonable and in the public interest because it provides increased density in areas best suited for development. SUP: Motion to recommend approval, as the Planning Board finds that this request for a Special Use Permit complies with the four required findings of fact, and that the following condition be met: 1. A traffic impact analysis (TIA) shall be required if any combination of land uses which access from the 50’ private access easement (including off-site uses) exceed 100 peak hour trips. ATTACHMENTS: Z-957 Script for PB Z-957 Petition Summary Z-957 Staff Summary Z-957 Neighbor Property Owners Map Z-957 Zoning Map Z-957 CAMA Map Z-957 Water-Sewer Map Proposed Site Plan Cover Sheet Z-957 Proposed Site Plan Applicant Materials Cover Page Z-957 Application Package ITEM: 5 Planning Board - April 14, 2016 SCRIPT for CONDITIONAL USE Zoning District Application (Z-957, 4/16) Rezoning Request (Z-957, 4/16) – Request by Design Solutions, applicant, on behalf of the property owners, Clarence K. & Peggy W. Henry, and Michael F. & Aleta J. Moser, to rezone 5.8 acres located at the 5000 block of Carolina Beach Road from R-15, Residential District, to (CUD) R-10, Conditional Use Residential District, in order to develop a high density development. The property is classified as Urban according to the 2006 CAMA Land Use Plan. 1. Swear in Witnesses 2. 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. 3. Conduct Hearing , as follows: a. Staff presentation b. Applicant’ s presentation (up to 15 minutes) c. Opponent’s presentation (up to 15 minutes) d. Applicant’s cross examination/rebuttal (up to 5 minutes) e. Opponent’s cross examination/rebuttal (up to 5 minutes) 4. Close the public hearing 5. Planning Board discussion 6. Ask Applicant whether he/she agrees with staff findings and any condition proposed to be added to the Special Use Permit. 7. At this time, you may ask to either continue the application to a future meeting, or to proceed with this Board deciding whether to recommend approval or denial of the application. What do you wish to do? 8. Vote on rezoning (first vote). The motion should include a statement saying how the change is, or is not, consistent with the land use plan and why it is, or is not, reasonable and in the public interest. Staff Suggested Motion: Motion to recommend approval, as the Planning Board finds that this application for a zoning map amendment of 5.8 acres from R-15, Residential District, to (CUD) R-10, Conditional Use Residential District as described is: 1. Consistent with the purposes and intent of the 2006 CAMA Land Use Plan because the Urban classification provides continued intensive development and redevelopment of urban areas. The property is access from an arterial street and is in close proximity to public water and sewer services. 2. Reasonable and in the public interest because it provides increased density in areas best suited for development. - 1 - 1ITEM: 5 Planning Board - April 14, 2016 9. 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: ________________________________________________________________________ ________________________________________________________________________ Staff Suggested Motion: Motion to recommend approval, as the Planning Board finds that this request for a Special Use Permit complies with the four required findings of fact, and that the following condition be met: 1. A traffic impact analysis (TIA) shall be required if any combination of land uses which access from the 50’ private access easement (including off-site uses) exceed 100 peak hour trips. - 1 - 2ITEM: 5 Planning Board - April 14, 2016 Z-957, 4/16 Page 1 of 1 Case Z-957, (4/16) Rezone from R-15, Residential District, to (CUD) R-10, Conditional Use Residential District Petition Summary Data Parcel Location & Acreage: 5000 block of Carolina Bead Road, 5.8 acres Petitioner/Owner: Cindee Wolf, Design Solutions (Applicant) Clarence K. & Peggy W. Henry, and Micheal F. & Aleta J. Moser (Owners) Existing Land Use: Undeveloped Zoning History: April 7, 1971 - Initially zoned R-15 via Area 4 Land Classification: Urban Water Type: Public Sewer Type: Public Recreation Area: Arrowhead and Myrtle Grove School Park Access: Carolina Bead Road Fire District: New Hanover County South Watershed & Water Quality Classification: Motts Creek (C;Sw) Conservation/Historic/ Archaeological Resources: No known historic or archaeological resources Soils and Septic Suitability: Leon Soil (Le) - Class III: Severe Limitation Lynn Haven Fine Sand (Ly) - Class III: Severe Limitation Schools: Bellamy Elementary, Codington Elmentary, Myrtle Grove Middle, Ashley High - 2 - 1ITEM: 5 Planning Board - April 14, 2016 Z-957, (4/16) Page 1 of 9 CONDITIONAL USE ZONING DISTRICT APPLICATION CASE: Z-957, 4/16 PETITIONER: Cindee Wolf of Design Solutions, applicant Clarence K. & Peggy W. Henry and Michael F. & Aleta J. Moser, property owners REQUEST: Rezone from R-15, Residential District, to (CUD) R-10, Conditional Use Residential District ACREAGE: 5.80 acres LOCATION: 5000 block of Carolina Beach Road PID: R07100-003-291-000 R07100-003-030-000 R07100-003-028-000 R07100-003-029-001 LAND CLASS: Urban EXISTING CONDITIONS: Existing Zoning and Land Uses The property proposed to be rezoned consists of land within four parcels totaling 5.8 acres. It is located just north of Monkey Junction (intersection of College Road and Carolina Beach Road) and was zoned R- 15 when zoning was initially applied to this area in 1971. The property adjoins land that has been annexed into the City of Wilmington. The zoning in the vicinity consists of a mixture of commercial and residential districts. The commercial districts, including B-2, (CZD) B-2, and O&I, are located along Carolina Beach Road, and create a large commercial node around Monkey Junction. The commercial uses include a mixture of office, retail, and restaurant uses. - 3 - 1ITEM: 5 Planning Board - April 14, 2016 Z-957, (4/16) Page 2 of 9 Residential zoning is located north and east of the property, and include single-family and multi-family housing. The Lakes at Johnson Farms, a high density development, is located to the north. Willoughby Park, a multi-family development, is located adjoining the property to the east and is within the City of Wilmington. Other multi-family developments in the area include Myrtle Grove Village Apartments, Pleasant Grove Village Apartments, Madeline Place Townhomes, and Still Meadow Village Apartments. Existing Site Conditions The property proposed to be rezoned is currently undeveloped. Community Services Water and Sewer: The property is within the Urban Services boundary, and water and sewer services are located within the nearby vicinity. The development will connect to CFPUA water and sewer service. 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 Bellamy Elementary, Codington Elementary, Myrtle Grove Middle, and Ashley High schools. School Total Capacity w/Mobiles +/- Capacity Bellamy 635 589 46 Codington 571 526 45 Myrtle Grove 764 674 90 Ashley 1903 1540 363 - 3 - 2ITEM: 5 Planning Board - April 14, 2016 Z-957, (4/16) Page 3 of 9 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 5.8 acres currently zoned R-15, Residential District, to (CUD)R-10, Conditional Use Residential District, in order to develop a high density development consisting of 80 dwelling units. STAFF POSITION: Zoning and Subdivision Ordinance Considerations High density developments are allowed within the R-10 zoning district with a Special Use Permit. 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 13.7 units/acre. A site plan is included as part of the application and is shown below. The site plan was reviewed and approved with conditions by the Technical Review Committee. Additional plans that comply with the county’s ordinances must be submitted, reviewed, and approved by staff prior to issuance of any construction permits. Conceptual Site Plan - 3 - 3ITEM: 5 Planning Board - April 14, 2016 Z-957, (4/16) Page 4 of 9 Transportation The proposed development will generate 41 trips in the AM peak, and 50 trips in the PM peak. Because the trips do not exceed 100 in the peak hours, a Traffic Impact Analysis (TIA) is not required to be completed. The Wilmington Metropolitan Planning Organization (WMPO) conducted a traffic count at the 5000 block of Carolina Beach Road in 2015. The count yielded an Average Daily Traffic (ADT) of 29,430 trips. Carolina Beach Road has a design capacity of 29,300 daily trips, and therefore it is classified as having an “F” Level of Service (LOS) with a Volume to Capacity Ratio of 1.004. NCDOT is currently working on plans for a pedestrian safety project in the Monkey Junction area. Those plans include the installation of a sidewalk along Carolina Beach Road from the Burger King at Monkey Junction to Willoughby Park drive as illustrated in the graphic below. Also, the Wilmington/New Hanover County Comprehensive Greenway Plan also proposes that a greenway network be installed along this portion of Carolina Beach Road. Specifically, the plan suggests that a greenway be installed along the northeastern side of the road from Monkey Junction to St. Andrews Drive. Proposed NCDOT Safety Project - 3 - 4ITEM: 5 Planning Board - April 14, 2016 Z-957, (4/16) Page 5 of 9 Environmental The property does not contain any Special Flood Hazard Areas or Significant Natural Heritage Areas. Stormwater management will be reviewed by New Hanover County Engineering and by the NC Department of Environmental Quality. A wetland delineation conducted by the applicant found a small pocket of wetlands on the northwestern side of the property. The wetlands will not be impacted by the proposed development. Land Use Plan Considerations According to the 2006 CAMA Plan, the site is classified as Urban. The purpose of the Urban classification is to provide for continued intensive development and redevelopment of existing urban areas. Draft Comprehensive Plan The County is currently going through a process to create a new comprehensive land use plan. The current draft of the new Comprehensive Plan classifies the property as Community Mixed Use on the Future Land Use Map. The Community Mixed Use Place Type focuses on small-scale, compact, mixed use development patterns that promote multimodal travel and act as an attractor for county residents and visitors. These areas share several qualities with higher-intensity mixed use place types, including a combination of ground floor retail with officespace and housing above, wider sidewalks, and an emphasis on streetscaping. However, these centers are generally small, no more than a few square blocks. Civic uses, particularly recreation and public gathering places, are particularly encouraged here. Ideally, large-scale, lower density commercial and industrial developments are prohibited. In regards to multi-family residential development, the ideal density within the Community Mixed Use Place Type is 12-15 dwelling units per acre. Therefore, the proposed development is consistent with the current draft of the Comprehensive Plan. - 3 - 5ITEM: 5 Planning Board - April 14, 2016 Z-957, (4/16) Page 6 of 9 REVIEW AND ACTION: This request is being facilitated by Section 55.2 – Conditional Use District of the County’s Zoning Ordinance, and has been processed and reviewed per Section 110 – Amending the Ordinance. A community meeting was held on Tuesday, February 23, 2016 in accordance with the requirements for such a request. Included in the packet is a summary of the meeting prepared by the applicant. Conditional Use Zoning Districts are considered through a two-part process. The first is a legislative action on the rezoning to the Conditional Use District, and the second is a quasi-judicial action on the companion Special Use Permit for the proposed use. If the rezoning is approved, then the next step is to consider the Special use Permit. If the rezoning is denied, then no action is needed on the Special Use Permit. Also, if the Board wishes to add conditions to the proposed development, then the conditions must be added to the Special Use Permit, and not to the zoning district. FIRST ACTION NEEDED:  Motion to recommend approval of the rezoning request  Motion to “table” the item in order to receive more information  Motion to recommend denial of the rezoning request Example Motion for Approval: Motion to recommend approval, as the Planning Board finds that this application for a zoning map amendment of 5.8 acres from R-15, Residential District, to (CUD) R-10, Conditional Use Residential District as described 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.]. - 3 - 6ITEM: 5 Planning Board - April 14, 2016 Z-957, (4/16) Page 7 of 9 Example Motion for Denial: Motion to recommend denial, as the Planning Board finds that this application for a zoning map amendment of 5.8 acres from R-15, Residential District, to (CUD) R-10, Conditional Use Residential District as described 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 approval, as the Planning Board finds that this application for a zoning map amendment of 5.8 acres from R-15, Residential District, to (CUD) R-10, Conditional Use Residential District as described is: 1. Consistent with the purposes and intent of the 2006 CAMA Land Use Plan because the Urban classification provides continued intensive development and redevelopment of urban areas. The property is access from an arterial street and is in close proximity to public water and sewer services. 2. Reasonable and in the public interest because it provides increased density in areas best suited for development. SECOND ACTION NEEDED: 1. Motion to recommend approval of the Special Use Permit (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. 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 - 3 - 7ITEM: 5 Planning Board - April 14, 2016 Z-957, (4/16) Page 8 of 9 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 must be provided and 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, an arterial street. 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 predominately include a mixture of residential and commercial uses, including other multi-family housing. 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. 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 high density development as Urban, and the proposal is not in conflict with the intent of the - 3 - 8ITEM: 5 Planning Board - April 14, 2016 Z-957, (4/16) Page 9 of 9 Urban land use classifications, and additionally, not in conflict with any other policy 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 based on the information submitted with the application, 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. High density developments are appropriate within the Urban land use classification, which allows for continued intensive development and redevelopment of existing urban areas. Staff suggests the following motion: Motion to recommend approval, as the Planning Board finds that this request for a Special Use Permit complies with the four required findings of fact, and that the following condition be met: 1. A traffic impact analysis (TIA) shall be required if any combination of land uses which access from the 50’ private access easement (including off-site uses) exceed 100 peak hour trips. - 3 - 9ITEM: 5 Planning Board - April 14, 2016 55 20 66 1 6957 70 7117 0 095 25 3 0 50 101 5 64 58 82 65 21 77 78 517 4 6 8 23 0 88 1020 43 53 38 52 98 33 92 60 32 14 49 10 72 54 97 76 15 99 79 42 18 44 48 96 61 19 94 68 31 39 11 7445 85 91 26 36 24 80 28 3529 27 40 67 90 73 62 30 37 86 100 103 8912 56 5993 13 92 22 81 46 83 63 41 75 47 34 87 CO L L E G E R D S C A R O L I N A B E A C H R D PRIVA T E HORN R D SILVE R L A K E R D PRIOR D R SP L I T R A I L D R RAYE D R GA T E P O S T L N MCGI R T P L GREEN B R I A R R D CR O S S W I N D S D R WEDGEFI E L D D R BEAM O N L N WOODS E D G E D R HIDDEN VALLE Y R D BILLMAR K D R FOXWOOD L N WO O D R I D G E R D HONEYDEW LN PINE F O R E S T R D RIG G S T R L LOMA N L N A R C H M I L W A Y ABACO LN EXUMA LN MOHICAN T R L SHAD E T R E E L N SAN LU C A S C T BEL L E M E A D S W O O D S R D WIN D J A M M E R D R JUNCT I O N P A R K D R HONEYBEE LN ANDROS L N ST I L L M E A D O W D R WIN D I N G B R A N C H E S D R TRO P I C C T R O B I N E T T E R D BRE N W O O D C T PRIVAT E PRIVA T E CO L L E G E R D S PRIV A T E PRIVA T E PR I V A T E PRIVATE PR I V A T E PRI V A T E PRIVA T E PR I V A T E C A R O L I N A B E A C H R D PRIVA T E PRIVA T E 1,000 Feet®HNC Z-957 2 0 68 1 47 76 72 48 38 33 62 4441 57 52 58 81 66 77 39 56 61 3725 32 43 64 74 79 50 55 59 78 75 51 8280 70 54 71 60 53 63 69 65 49 4645 42 28 23 30 CITY R-15 B-2 CD B-2 O&I R-10 R-10 CD Z-957 Case: Conditional UseDistrict Request: Z-957 Existing Zoning/Use: Proposed Zoning/Use:Site Address: 5000 BlockCarolina Beach Rd R-15/Undeveloped (CUD) R-10/High Density Development Zoning Parcels within 500 Feet of Case Site ! ! ! !!!!!!!!!!! ! ! ! !!!!!!!!!!! Case SiteNeighboring Parcels IDPhysical AddressIDPhysical AddressIDPhysical Address05041 CAROLINA BEACH RD335016 12-14 CAROLINA BEACH RD704900 PLEASANT GROVE DR05031 CAROLINA BEACH RD341411 WILLOUGHBY PARK CT715030 CAROLINA BEACH RD05025 CAROLINA BEACH RD355216 GATE POST LN 725219 GATE POST LN05029 CAROLINA BEACH RD365120 EVERETTE CT 735212 GATE POST LN05051 CAROLINA BEACH RD375117 EVERETTE CT 745105 GATE POST LN15022 CAROLINA BEACH RD385123 EVERETTE CT 751527 B WILLOUGHBY PARK CT21413 WILLOUGHBY PARK CT395213 GATE POST LN 765118 GATE POST LN315 SILVER LAKE RD 405208 GATE POST LN 779 SILVER LAKE RD45114 GATE POST LN 411527 D WILLOUGHBY PARK CT785002 CAROLINA BEACH RD55046 CAROLINA BEACH RD425113 GATE POST LN 795200 GATE POST LN65210 GATE POST LN 435010 CAROLINA BEACH RD805111 GATE POST LN75205 GATE POST LN 445202 GATE POST LN 811527 A WILLOUGHBY PARK CT85116 EVERETTE CT 455103 GATE POST LN 825021 CAROLINA BEACH RD91417 WILLOUGHBY PARK CT461511 WILLOUGHBY PARK CT831409 WILLOUGHBY PARK CT105217 GATE POST LN 471505 WILLOUGHBY PARK CT841507 WILLOUGHBY PARK CT115215 GATE POST LN 485209 GATE POST LN 855020 CAROLINA BEACH RD121521 A WILLOUGHBY PARK CT495220 GATE POST LN 865018 CAROLINA BEACH RD131521 B WILLOUGHBY PARK CT505021 CAROLINA BEACH RD871503 WILLOUGHBY PARK CT145221 GATE POST LN 515223 GATE POST LN 881535 WILLOUGHBY PARK CT155113 EVERETTE CT 525012 CAROLINA BEACH RD891525 A WILLOUGHBY PARK CT161415 WILLOUGHBY PARK CT535012 CAROLINA BEACH RD905200 STILL PINE DR175026 CAROLINA BEACH RD545218 GATE POST LN 915109 EVERETTE CT185111 EVERETTE CT 551539 HONEYBEE LN 925124 EVERETTE CT195211 GATE POST LN 561525 B WILLOUGHBY PARK CT931517 A WILLOUGHBY PARK CT204722 COLLEGE RD 574920 GATE POST LN 945116 GATE POST LN211405 WILLOUGHBY PARK CT585200 STILL PINE DR 955019 CAROLINA BEACH RD221501 WILLOUGHBY PARK CT591517 B WILLOUGHBY PARK CT965201 STILL PINE DR235201 GATE POST LN 605121 EVERETTE CT 975106 EVERETTE CT245206 GATE POST LN 615207 GATE POST LN 985222 GATE POST LN255009 CAROLINA BEACH RD625110 EVERETTE CT 995107 GATE POST LN265112 GATE POST LN 631419 WILLOUGHBY PARK CT1005203 GATE POST LN275110 GATE POST LN 645036 CAROLINA BEACH RD1015043 CAROLINA BEACH RD285109 GATE POST LN 655042 CAROLINA BEACH RD1021421 WILLOUGHBY PARK CT295108 GATE POST LN 665044 CAROLINA BEACH RD1035108 EVERETTE CT305118 EVERETTE CT 675214 GATE POST LN 1041527 C WILLOUGHBY PARK CT315104 EVERETTE CT 685204 GATE POST LN 1051509 WILLOUGHBY PARK CT325016 CAROLINA BEACH RD694830 COLLEGE RD - 4 - 1ITEM: 5 Planning Board - April 14, 2016 CITY B-2 CDR-15 B-2R-10 CD O&I CD R-10 O&I R-7 CD B-1 CD CO L L E G E R D S C A R O L I N A B E A C H R D HORN R D SILVE R L A K E R D PRIVA T E PRIOR DR RAYE D R S P L I T R A I L D R MCGI R T P L GATE POST LN BEAM O N L N GREENBR I A R R D HONEYDEW L N W E D G E F I E L D D R WILLO U G H B Y P A R K C T RIG G S T R L WOODS EDGE DR EXUMA LN ABACO LN LOMA N L N AR C H M I L W A Y HIDDEN VALLE Y R D SAN LUC A S C T PE R T H D R PINE F O R E S T R D WIN D J A M M E R D R HO N E Y B E E L N EVERETTE CT MI L B Y S T ANDROS LN BELL E M E A D S W O O D S R D ST I L L M E A D O W D R WIND I N G B R A N C H E S D R TRO P I C C T R O B I N E T T E R D BRENTON CT AP P E A L S R D CO L L E G E R D S PRIVA T E RAYE D R PRIVA T E PRI V A T E PRIVA T E C A R O L I N A B E A C H R D PRIVATE PRIVA T E PRIVA T E PR I V A T E PRIV A T E PR I V A T E PRIVA T E PRIVATE PRIVA T E 1,000 Feet ®HNC Z-957 Case: Conditional UseDistrict Request: Z-957 Existing Zoning/Use: Proposed Zoning/Use:Site Address: 5000 BlockCarolina Beach Rd R-15/Undeveloped O&I & (CUD) R-10/High Density Development - 5 - 1ITEM: 5 Planning Board - April 14, 2016 Urban Transition Conservation Area CO L L E G E R D S C A R O L I N A B E A C H R D HORN R D SILVE R L A K E R D PRIVA T E PRIOR D R RAYE D R S P L I T R A I L D R MCGIR T P L GATE POST LN BEAM O N L N HONEYDEW L N WILLO U G H B Y P A R K C T RIG G S T R L A R C H M I L W A Y ABACO LN LOMA N L N EXUMA LN HIDDEN VALLE Y R D ADAM S L A N D I N G D R SAN LU C A S C T PE R T H D R PINE F O R E S T R D WIN D J A M M E R D R JUNCT I O N P A R K D R HO N E Y B E E L N EVERETTE CT MI L B Y S T BEL L E M E A D S W O O D S R D ANDROS LN ST I L L M E A D O W D R WIN D I N G B R A N C H E S D R TRO P I C C T BRENTON CT A P P E A L S R D CO L L E G E R D S PRIVA T E PR I V A T E RAYE D R PRIV A T E PR I V A T E PRIVA T E C A R O L I N A B E A C H R D PRIVATE PRIVA T E PRIVA T E PRIVA T E PR I V A T E PRI V A T E PR I V A T E PRIVA T E PRIVATE PRIVA T E 1,000 Feet ®HNC Z-957 Case: Conditional UseDistrict Request: Z-957 Existing Zoning/Use: Proposed Zoning/Use:Site Address: 5000 BlockCarolina Beach Rd R-15/Undeveloped O&I & (CUD) R-10/High Density Development CAMA Classifications Conservation Area Natual Heritage Resource Protection Area Aquifer Resource Protection Area Watershed Resource Protection Wetland Resource Protection Area Urban Transition Community Rural - 6 - 1ITEM: 5 Planning Board - April 14, 2016 CO L L E G E R D S C A R O L I N A B E A C H R D HORN R D SILVE R L A K E R D PRIVA T E PRIOR DR RAYE D R S P L I T R A I L D R MCGI R T P L GATE POST LN BEAM O N L N GREENBR I A R R D HONEYDEW L N W E D G E F I E L D D R WILLO U G H B Y P A R K C T RIG G S T R L WOODS EDGE DR EXUMA LN ABACO LN LOMA N L N AR C H M I L W A Y HIDDEN VALLE Y R D ADAM S L A N D I N G D R SAN LUC A S C T PE R T H D R PINE F O R E S T R D WIN D J A M M E R D R JUNCTI O N P A R K D R HO N E Y B E E L N EVERETTE CT MI L B Y S T ANDROS LN BELL E M E A D S W O O D S R D ST I L L M E A D O W D R WIND I N G B R A N C H E S D R TRO P I C C T R O B I N E T T E R D BRENTON CT AP P E A L S R D CO L L E G E R D S PRIVA T E PR I V A T E RAYE D R PRIVA T E PRI V A T E PRIVA T E C A R O L I N A B E A C H R D PRIVATE PRIVA T E PRIVA T E PRIVA T E PR I V A T E PRIV A T E PR I V A T E PRIVA T E PRIVATE PRIVA T E 1,000 Feet ®HNC Z-957 Sewer Collector Water Distribution Main Urban Services Area Case: Conditional UseDistrict Request: Z-957 Existing Zoning/Use: Proposed Zoning/Use:Site Address: 5000 BlockCarolina Beach Rd R-15/Undeveloped O&I & (CUD) R-10/High Density Development MARKET ST ^ I-140 I-14 0 I- 4 0 RIVE R R D U S H W Y 4 2 1 C A R O L I N A B E A C H SIDBURY RD MARK E T S T C A S T L E H A Y N E R D BLUE C L A Y R D CO L L E G E R D S HOLLY SHE L T E R R D OLEANDER DR EAST W O O D R D SHIPYARD BLV I- 4 0 E R I V E R R D DO W R D S WHI T E R D BEA C H R D S *Site In USB* Urban Services Area - 7 - 1ITEM: 5 Planning Board - April 14, 2016 PROPOSED SITE PLAN - 8 - 1ITEM: 5 Planning Board - April 14, 2016 - 9 - 1 IT E M : 5 Pl a n n i n g B o a r d - A p r i l 1 4 , 2 0 1 6 APPLICANT MATERIALS - 10 - 1ITEM: 5 Planning Board - April 14, 2016 - 1 1 - 1 IT E M : 5 Pl a n n i n g B o a r d - A p r i l 1 4 , 2 0 1 6 - 1 1 - 2 IT E M : 5 Pl a n n i n g B o a r d - A p r i l 1 4 , 2 0 1 6 - 1 1 - 3 IT E M : 5 Pl a n n i n g B o a r d - A p r i l 1 4 , 2 0 1 6 - 1 1 - 4 IT E M : 5 Pl a n n i n g B o a r d - A p r i l 1 4 , 2 0 1 6 - 1 1 - 5 IT E M : 5 Pl a n n i n g B o a r d - A p r i l 1 4 , 2 0 1 6 - 1 1 - 6 IT E M : 5 Pl a n n i n g B o a r d - A p r i l 1 4 , 2 0 1 6 - 1 1 - 7 IT E M : 5 Pl a n n i n g B o a r d - A p r i l 1 4 , 2 0 1 6 - 1 1 - 8 IT E M : 5 Pl a n n i n g B o a r d - A p r i l 1 4 , 2 0 1 6 - 1 1 - 9 IT E M : 5 Pl a n n i n g B o a r d - A p r i l 1 4 , 2 0 1 6 - 1 1 - 1 0 IT E M : 5 Pl a n n i n g B o a r d - A p r i l 1 4 , 2 0 1 6 - 1 1 - 1 1 IT E M : 5 Pl a n n i n g B o a r d - A p r i l 1 4 , 2 0 1 6 - 1 1 - 1 2 IT E M : 5 Pl a n n i n g B o a r d - A p r i l 1 4 , 2 0 1 6 - 1 1 - 1 3 IT E M : 5 Pl a n n i n g B o a r d - A p r i l 1 4 , 2 0 1 6 - 1 1 - 1 4 IT E M : 5 Pl a n n i n g B o a r d - A p r i l 1 4 , 2 0 1 6 - 1 1 - 1 5 IT E M : 5 Pl a n n i n g B o a r d - A p r i l 1 4 , 2 0 1 6 - 1 1 - 1 6 IT E M : 5 Pl a n n i n g B o a r d - A p r i l 1 4 , 2 0 1 6 - 1 1 - 1 7 IT E M : 5 Pl a n n i n g B o a r d - A p r i l 1 4 , 2 0 1 6 - 1 1 - 1 8 IT E M : 5 Pl a n n i n g B o a r d - A p r i l 1 4 , 2 0 1 6 - 1 1 - 1 9 IT E M : 5 Pl a n n i n g B o a r d - A p r i l 1 4 , 2 0 1 6 - 1 1 - 2 0 IT E M : 5 Pl a n n i n g B o a r d - A p r i l 1 4 , 2 0 1 6 - 1 1 - 2 1 IT E M : 5 Pl a n n i n g B o a r d - A p r i l 1 4 , 2 0 1 6 NEW HANOVER COUNTY PLANNING BOARD REQUEST FOR BOARD ACTION MEETING DATE: April 14, 2016 REGULAR ITEM: DEPARTMENT: PRESENTER(S): Brad Shuler, Current Planner CONTACT(S): SUBJECT: Public Hearing Rezoning Request (Z-958, 4/16) – Request by Brock Ventures Inc., applicant, on behalf of the property owner, Lawrence Lawson Heirs, to rezone 6.9 acres located at the 2700 block of Carolina Beach Road from (CZD) B-1, Conditional Business District, and R-15, Residential District, to (CUD) R-10, Conditional Use Residential District, in order to develop a high density development. The property is classified as Urban according to the 2006 CAMA Land Use Plan. BRIEF SUMMARY: 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 purpose of developing general retail, restaurant, and office uses, etc. That rezoning was part of a larger development, Belle Meade, which also proposed to develop a movie theater. Since then, a portion of the proposed Belle Meade development has been annexed into the City of Wilmington. 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. A multi-family development, Belle Meade Apartments, is currently being constructed on the adjoining property to the north. Properties within the unincorporated areas are zoned predominately residential. According to the 2006 CAMA Plan, the site is classified as Urban. The purpose of the Urban classification is to provide for continued intensive development and redevelopment of existing urban areas. 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: ITEM: 6 Planning Board - April 14, 2016 Rezoning: Motion to recommend approval, as the Planning Board finds that this application for a zoning map amendment of 6.9 acres from (CZD) B-1, Conditional Business District, and R-15, Residential District, to (CUD) R-10, Conditional Use Residential District as described is: 1.Consistent with the purposes and intent of the 2006 CAMA Land Use Plan because the Urban classification provides continued intensive development and redevelopment of urban areas. The property is access from an arterial street and is in close proximity to public water and sewer services. 2.Reasonable and in the public interest because it provides increased density in areas best suited for development, alternative modes of transportation by installing a multi-use path in accordance with the Comprehensive Greenway Plan, and because it provides interconnectivity to the surrounding properties. SUP: Motion to recommend approval, as the Planning Board finds that this request for a Special Use Permit complies with the four required findings of fact, and that the following conditions be met: 1. Prior to issuance of a Certificate of Occupancy, Sikes Drive shall be dedicated as a public right-of- way. 2.A 10’ multi-use path shall be installed along Carolina Beach Road in accordance with the Wilmington/New Hanover County Comprehensive Greenway Plan. The multi-use path shall be constructed to the adjoining property lines and shall include any necessary crosswalks, boardwalks, or bridges. ATTACHMENTS: Z-958 Script for PB Z-958 Petition Summary Z-958 Staff Summary Z-958 Neighbor Property Owners Map Z-958 Zoning Map Z-958 CAMA Map Z-958 Water-Sewer Map Proposed Site Plan Cover Sheet Z-958 Proposed Site Plan Applicant Materials Cover Page Z-958 Application ITEM: 6 Planning Board - April 14, 2016 SCRIPT for CONDITIONAL USE Zoning District Application (Z-958, 4/16) Rezoning Request (Z-958, 4/16) – Request by Brock Ventures Inc., applicant, on behalf of the property owner, Lawrence Lawson Heirs, to rezone 6.9 acres located at the 2700 block of Carolina Beach Road from (CZD) B-1, Conditional Business District, and R-15, Residential District, to (CUD) R-10, Conditional Use Residential District, in order to develop a high density development. The property is classified as Urban according to the 2006 CAMA Land Use Plan. 1. Swear in Witnesses 2. 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. 3. Conduct Hearing , as follows: a. Staff presentation b. Applicant’ s presentation (up to 15 minutes) c. Opponent’s presentation (up to 15 minutes) d. Applicant’s cross examination/rebuttal (up to 5 minutes) e. Opponent’s cross examination/rebuttal (up to 5 minutes) 4. Close the public hearing 5. Planning Board discussion 6. Ask Applicant whether he/she agrees with staff findings and any condition proposed to be added to the Special Use Permit. 7. At this time, you may ask to either continue the application to a future meeting, or to proceed with this Board deciding whether to recommend approval or denial of the application. What do you wish to do? 8. Vote on rezoning (first vote). The motion should include a statement saying how the change is, or is not, consistent with the land use plan and why it is, or is not, reasonable and in the public interest. Staff Suggested Motion: Motion to recommend approval, as the Planning Board finds that this application for a zoning map amendment of 6.9 acres from (CZD) B-1, Conditional Business District, and R-15, Residential District, to (CUD) R-10, Conditional Use Residential District as described is: 1. Consistent with the purposes and intent of the 2006 CAMA Land Use Plan because the Urban classification provides continued intensive development and redevelopment of urban areas. The property is access from an arterial street and is in close proximity to public water and sewer services. 2. Reasonable and in the public interest because it provides increased density in areas best suited for development, alternative modes of transportation by installing a multi-use path in accordance with the Comprehensive Greenway Plan, and because it provides interconnectivity to the surrounding properties. - 1 - 1ITEM: 6 Planning Board - April 14, 2016 9. 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: ________________________________________________________________________ ________________________________________________________________________ Staff Suggested Motion: Motion for approval, as the Planning Board finds that this request for a Special Use Permit complies with the four required findings of fact, and that the following conditions be met: 1. Prior to issuance of a Certificate of Occupancy, Sikes Drive shall be dedicated as a public right-of-way. 2. A 10’ multi-use path shall be installed along Carolina Beach Road in accordance with the Wilmington/New Hanover County Comprehensive Greenway Plan. The multi-use path shall be constructed to the adjoining property lines and shall include any necessary crosswalks, boardwalks, or bridges. - 1 - 2ITEM: 6 Planning Board - April 14, 2016 Z-958, 4/16 Page 1 of 1 Case Z-958, (4/16) Rezone from (CZD) B-1, Conditional Business District, and R-15 Residential District, to (CUD) R-10, Conditional Use Residential District Petition Summary Data Parcel Location & Acreage: 5000 block of Carolina Bead Road, 5.8 acres Petitioner/Owner: Cindee Wolf, Design Solutions (Applicant) Clarence K. & Peggy W. Henry, and Michael F. & Aleta J. Moser (Owners) Existing Land Use: Undeveloped Zoning History: April 7, 1971 - Initially zoned R-15 via Area 4 December 1, 2008 – 4.5 acres of the property were rezoned to (CZD) B-1 Land Classification: Urban Water Type: Public Sewer Type: Public Recreation Area: Arrowhead and Southgate Park Access: Carolina Bead Road and Sikes Drive Fire District: New Hanover County South Watershed & Water Quality Classification: Bernards Creek (C;Sw) Conservation/Historic/ Archaeological Resources: No known historic or archaeological resources Soils and Septic Suitability: Kureb Sand (Kr) – Class I: Suitable/Slight Limitation Seagate Fine Sand (Se) – Class II: Moderate Limitation Lynn Haven Fine Sand (Ly) – Class III: Severe Limitation Leon Sand (Le) – Class III: Severe Limitation Schools: Bellamy Elementary, Codington Elementary, Myrtle Grove Middle, Ashley High - 2 - 1ITEM: 6 Planning Board - April 14, 2016 Z-958, (4/16) Page 1 of 8 CONDITIONAL USE ZONING DISTRICT APPLICATION CASE: Z-958, 4/16 PETITIONER: Stephen Brock with Brock Ventures Inc., applicant Lawrence Lawson Heirs, property owners REQUEST: Rezone from (CZD) B-1, Business District, and R-15, Residential District, to (CUD) R-10, Conditional Use Residential District ACREAGE: 6.9 acres LOCATION: 4713 Carolina Beach Road PID: R07100-003-009-000 LAND CLASS: 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 purpose of developing general retail, restaurant, and office uses, etc. That rezoning was part of a larger development, Belle Meade, which also proposed to develop a movie theater. Since then, a portion of the proposed Belle Meade development has been annexed into the City of Wilmington. 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. A multi-family development, Belle Meade Apartments, is currently being constructed on the adjoining property to the north. Properties within the unincorporated areas are zoned predominately residential. - 3 - 1ITEM: 6 Planning Board - April 14, 2016 Z-958, (4/16) Page 2 of 8 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 water and sewer services are located within the nearby vicinity. The development will connect to CFPUA water and sewer service. 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 Bellamy Elementary, Codington Elementary, Myrtle Grove Middle, and Ashley High schools. School Total Capacity w/Mobiles +/- Capacity Bellamy 635 589 46 Codington 571 526 45 Myrtle Grove 764 674 90 Ashley 1903 1540 363 Conservation, Historic, and Archaeological Resources The subject property does not host any known conservation, historic, or archaeological resources. - 3 - 2ITEM: 6 Planning Board - April 14, 2016 Z-958, (4/16) Page 3 of 8 PETITIONER’S REQUEST: The petitioner is seeking to rezone the 6.9 acres currently zoned (CZD) B-1, Conditional Business District, and R-15, Residential District, to (CUD) R-10, Conditional Use Residential District, in order to develop a high density development consisting of 80 dwelling units. STAFF POSITION: Zoning and Subdivision Ordinance Considerations High density developments are allowed within the R-10 zoning district with a Special Use Permit. 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 11.5 units/acre. A site plan is included as part of the application and is shown below. The site plan was reviewed and approved with conditions by the Technical Review Committee. Engineered plans that comply with the county’s ordinances must be submitted, reviewed, and approved by staff prior to issuance of any construction permits. Conceptual Site Plan Transportation The proposed development will generate 45 trips in the AM peak, and 54 trips in the PM peak. Because the trips do not exceed 100 in the peak hours, a Traffic Impact Analysis (TIA) was not required to be completed. The Wilmington Metropolitan Planning Organization (WMPO) conducted a traffic count at the 5000 block of Carolina Beach Road in 2015. The count yielded an Average Daily Traffic (ADT) of 29,430 trips. Carolina Beach Road has a design capacity of 29,300 daily trips, and therefore it is classified as having an “F” Level of Service (LOS) with a Volume to Capacity Ratio of 1.004. NCDOT has commented that this development would require the existing right turn lane on Carolina Beach Road at the intersection with Matteo Drive to be extended by a minimum of 100’ of full width storage and appropriate taper. The driveway would also require a 50 foot internal protected stem. These improvements would be completed in accordance with NCDOT’s driveway permit process. - 3 - 3ITEM: 6 Planning Board - April 14, 2016 Z-958, (4/16) Page 4 of 8 Environmental The property does not contain any Special Flood Hazard Areas or Significant Natural Heritage Areas. Stormwater management will be reviewed by New Hanover County Engineering and by the NC Department of Environmental Quality. A previous wetland delineation of the property found that there were no jurisdictional wetlands on the property. That delineation has since expired, therefore an updated delineation would be required prior to issuance of any construction permits. Land Use Plan Considerations According to the 2006 CAMA Plan, the site is classified as Urban. The purpose of the Urban classification is to provide for continued intensive development and redevelopment of existing urban areas. Draft Comprehensive Plan The County is currently going through a process to create a new comprehensive land use plan. The current draft of the new Comprehensive Plan classifies the property as Community Mixed Use and General Residential on the Future Land Use Map. The Community Mixed Use Place Type focuses on small-scale, compact, mixed use development patterns that promote multimodal travel and act as an attractor for county residents and visitors. These areas share several qualities with higher-intensity mixed use place types, including a combination of ground floor retail with officespace and housing above, wider sidewalks, and an emphasis on streetscaping. However, these centers are generally small, no more than a few square blocks. Civic uses, particularly recreation and public gathering places, are particularly encouraged here. Ideally, large-scale, lower density commercial and industrial developments are prohibited. The General Residential Place Type provides opportunity for lower density housing and associated civic and commercial services. Housing is typically single-family or duplexes, with setbacks on all sides. Block sizes are large, at ¼ to ½ mile wide. Commercial uses should be limited to office and retail spaces in carefully located areas where neighborhood character will be enhanced, while recreation and school facilities are encouraged throughout. Access to areas outside these residential areas is provided by arterial roadways, but still allowing for interconnection between other Place Types. However, limiting cul-de-sacs is encouraged to promote better internal circulation and minimizing high-volume traffic roads within the area. Flooding hazard avoidance should be taken into consideration when abutting coastal areas. - 3 - 4ITEM: 6 Planning Board - April 14, 2016 Z-958, (4/16) Page 5 of 8 In regards to multi-family residential development, the ideal density is 12-15 dwelling units per acre within the Community Mixed Use Place Type and 2-6 dwelling units per acre within the General Residential Place Type. While the proposed density of the project exceeds the ideal density of the General Residential Place Type, staff still feels the proposed development complies with the Comprehensive Plan. The property is accessed by an arterial street and adjoins another multi-family development. The rear portion of the property which adjoins existing detached single-family homes will also be dedicated as open space. Further, the Future Land Use Map is intended to be general a representation of the vision for the County. REVIEW AND ACTION: This request is being facilitated by Section 55.2 – Conditional Use District of the County’s Zoning Ordinance, and has been processed and reviewed per Section 110 – Amending the Ordinance. A community meeting was held on March 7, 2016 in accordance with the requirements for such a request. Included in the packet is a summary of the meeting prepared by the applicant. Conditional Use Zoning Districts are considered through a two-part process. The first is a legislative action on the rezoning to the Conditional Use District, and the second is a quasi-judicial action on the companion Special Use Permit for the proposed use. If the rezoning is approved, then the next step is to consider the Special use Permit. If the rezoning is denied, then no action is needed on the Special Use Permit. Also, if the Board wishes to add conditions to the proposed development, then the conditions must be added to the Special Use Permit, and not to the zoning district. FIRST ACTION NEEDED:  Motion to recommend approval of the rezoning request  Motion to “table” the item in order to receive more information  Motion to recommend denial of the rezoning request - 3 - 5ITEM: 6 Planning Board - April 14, 2016 Z-958, (4/16) Page 6 of 8 Example Motion for Approval: Motion to recommend approval, as the Planning Board finds that this application for a zoning map amendment of 6.9 acres from (CZD) B-1, Conditional Business District, and R-15, Residential District, to (CUD) R-10, Conditional Use Residential District as described 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 application for a zoning map amendment of 6.9 acres from (CZD) B-1, Conditional Business District, and R-15, Residential District, to (CUD) R-10, Conditional Use Residential District as described 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 approval, as the Planning Board finds that this application for a zoning map amendment of 6.9 acres from (CZD) B-1, Conditional Business District, and R-15, Residential District, to (CUD) R-10, Conditional Use Residential District as described is: 1. Consistent with the purposes and intent of the 2006 CAMA Land Use Plan because the Urban classification provides continued intensive development and redevelopment of urban areas. The property is access from an arterial street and is in close proximity to public water and sewer services. 2. Reasonable and in the public interest because it provides increased density in areas best suited for development, alternative modes of transportation by installing a multi-use path in accordance with the Comprehensive Greenway Plan, and because it provides interconnectivity to the surrounding properties. SECOND ACTION NEEDED: 1. Motion to recommend approval of the Special Use Permit (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. - 3 - 6ITEM: 6 Planning Board - April 14, 2016 Z-958, (4/16) Page 7 of 8 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 must be provided and 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, an arterial street, 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 predominately include a mixture of residential uses, including single- family and multi-family housing. C. No evidence has been submitted that this project will decrease the property values of adjacent or nearby properties. - 3 - 7ITEM: 6 Planning Board - April 14, 2016 Z-958, (4/16) Page 8 of 8 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 area proposed for the high density development as Urban, and the proposal is not in conflict with the intent of the Urban land use classifications, 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 based on the information submitted with the application, 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. High density developments are appropriate within the Urban land use classification, which allows for continued intensive development and redevelopment of existing urban areas. Staff suggests the following motion: Motion to recommend approval, as the Planning Board finds that this request for a Special Use Permit complies with the four required findings of fact, and that the following conditions be met: 1. Prior to issuance of a Certificate of Occupancy, Sikes Drive shall be dedicated as a public right-of- way. 2. A 10’ multi-use path shall be installed along Carolina Beach Road in accordance with the Wilmington/New Hanover County Comprehensive Greenway Plan. The multi-use path shall be constructed to the adjoining property lines and shall include any necessary crosswalks, boardwalks, or bridges. - 3 - 8ITEM: 6 Planning Board - April 14, 2016 2 46 0 72 49 22 69 70 53 24 23 18 16 29 4 3 43 50 75 20 27 1 57 76 12 71 16 5 16 81 30 61 26 8 13 79 7 9 54 77 21 35 55 11 659 14 68 64 19 74 10 66 52 65 25 7828 58 18 51 6260 63 56 31 33 34 17 67 15 73 80 32 44 42 39 40 36 37 45 48 C A R O L I N A B E A C H R D SPLI T R A I L D R PINE HOLLO W D R MATTE O D R SILVA T E R R A D R GATE POST LN SI K E S D R ILEX D R SA I N T A N D R E W S D R PRIVA T E BEL L E M E A D S W O O D S R D Y U L A N D R WHI T E W E L D T E R HONEYDEW L N JASMINE C O V E W A Y RIG G S T R L FAIRV I E W D R PINE H O L L O W D R LINDEN RID G E R D PIN E V I E W D R SIKES DR TOLLING T O N D R C A R Y A D R TE S L A P A R K D R DELHA M C T EVERETTE CT CLOVERLA N D W A Y JA Y B I R D C I R ATWA T E R C T WIN D I N G B R A N C H E S D R AN D R O S L N Y A D K I N C T BEAUMO N T C T BRENTON CT C A R O L I N A B E A C H R D PR I V A T E PRIVATE PR I V A T E PRIVATE PR I V A T E 1,000 Feet®HNC Z-958 CITY R-15 B-2 CD R-10 B-1 CD R-7 CD B-2 O&I CD Z-958 Case: Conditional Use Zoning District Request: Z-958 Existing Zoning/Use: Proposed Zoning/Use:Site Address: 4700 BlockCarolina Beach Rd (CZD) B-1 & R-15/Undeveloped (CUD) R-10/High Density Development Zoning ! ! ! !!!!!!!!!!! ! ! ! !!!!!!!!!!! Case SiteNeighboring Parcels Parcels within 500 Feet of Case Site IDPhysical AddressIDPhysical Address04713 CAROLINA BEACH RD411027 10 SUMMER WOODS DR11202 MATTEO DR 421031 12 SUMMER WOODS DR24649 CAROLINA BEACH RD434809 CAROLINA BEACH RD34255 PINE HOLLOW DR 441015 6 SUMMER WOODS DR44621 CAROLINA BEACH RD451023 8 SUMMER WOODS DR54703 CAROLINA BEACH RD464811 CAROLINA BEACH RD6624 MCGINNIS LN 471029 11 SUMMER WOODS DR71210 MATTEO DR 481025 9 SUMMER WOODS DR81218 MATTEO DR 491001 SUMMER WOODS DR91207 MATTEO DR 504624 130 CAROLINA BEACH RD101215 MATTEO DR 51632 MCGINNIS LN114136 PINE HOLLOW DR 524304 SUNSET WOODS CT124148 PINE HOLLOW DR 534655 CAROLINA BEACH RD131227 MATTEO DR 549 SILVA TERRA DR144140 PINE HOLLOW DR 551203 MATTEO DR15609 MCGINNIS LN 56628 MCGINNIS LN164429 PINE HOLLOW DR 57604 MCGINNIS LN171004 ADAMS LANDING DR58625 MCGINNIS LN184728 CAROLINA BEACH RD591223 MATTEO DR191206 MATTEO DR 60616 MCGINNIS LN204714 A CAROLINA BEACH RD612 SILVA TERRA DR214722 CAROLINA BEACH RD62620 MCGINNIS LN224716 CAROLINA BEACH RD634301 SUNSET WOODS CT234708 CAROLINA BEACH RD641214 MATTEO DR244825 CAROLINA BEACH RD654300 SUNSET WOODS CT254305 SUNSET WOODS CT661219 MATTEO DR2614 SILVA TERRA DR 671008 ADAMS LANDING DR27629 MCGINNIS LN 684144 PINE HOLLOW DR28617 MCGINNIS LN 694723 CAROLINA BEACH RD294815 CAROLINA BEACH RD704715 CAROLINA BEACH RD306 SILVA TERRA DR 71636 MCGINNIS LN311020 ADAMS LANDING DR724600 CAROLINA BEACH RD321005 ADAMS LANDING DR731009 ADAMS LANDING DR331016 ADAMS LANDING DR741211 MATTEO DR341012 ADAMS LANDING DR754710 CAROLINA BEACH RD35612 MCGINNIS LN 764712 CAROLINA BEACH RD361009 3 SUMMER WOODS DR77608 MCGINNIS LN371013 5 SUMMER WOODS DR78621 MCGINNIS LN381011 4 SUMMER WOODS DR791222 MATTEO DR391021 7 SUMMER WOODS DR80613 MCGINNIS LN401007 2 SUMMER WOODS DR8110 SILVA TERRA DR - 4 - 1ITEM: 6 Planning Board - April 14, 2016 CITY R-15 B-2 B-2 CD B-1 CD R-7 CD R-10 O&I CD C A R O L I N A B E A C H R D SPLI T R A I L D R PINE HOLLO W D R ILEX D R MATTE O D R SILVA T E R R A D R GATE POST LN SI K E S D R SA I N T A N D R E W S D R AP P L E T O N W A Y PRIVA T E BEL L E M E A D S W O O D S R D H E D I N G H A M L N M C G I N N I S L N WHI T E W E L D T E R HONEYDEW L N Y U L A N D R FAIRV I E W D R RIG G S T R L LIN D E N R I D G E R D PINE H O L L O W D R PIN E V I E W D R WIN F O R D E R D SIKES DR ADAM S L A N D I N G D R A L D E R R I D G E R D DELHA M C T EVERETTE CT CLOVERLA N D W A Y ST I L L M E A D O W D R ATWA T E R C T WIN D I N G B R A N C H E S D R TALAMO R E C T C H A T H A M P L BRENTON CT PR I V A T E C A R O L I N A B E A C H R D PR I V A T E PRIVA T E 1,000 Feet®HNC Z-958 Case: Conditional Use Zoning District Request: Z-958 Existing Zoning/Use: Proposed Zoning/Use:Site Address: 4700 BlockCarolina Beach Rd (CZD) B-1 & R-15/Undeveloped (CUD) R-10/High Density Development A-I A-I CD AR B-1 B-1 CD B-2 B-2 CD EDZD I-1 I-1 CD I-2 O&I O&I CD PD R-10 R-10 CD R-15 R-15 CD R-20 R-20 CD R-20S R-7 CD RA RFMU SC Zoning Districts Incorporated Areas SHOD - 5 - 1ITEM: 6 Planning Board - April 14, 2016 Urban Conservation Area C A R O L I N A B E A C H R D SPLI T R A I L D R PINE HOLLO W D R ILEX D R MATTE O D R SILVA T E R R A D R GATE POST LN SI K E S D R SA I N T A N D R E W S D R AP P L E T O N W A Y PRIVA T E BEL L E M E A D S W O O D S R D H E D I N G H A M L N M C G I N N I S L N WHI T E W E L D T E R HONEYDEW L N Y U L A N D R FAIRV I E W D R RIG G S T R L LIN D E N R I D G E R D PINE H O L L O W D R PIN E V I E W D R WIN F O R D E R D SIKES DR ADAM S L A N D I N G D R A L D E R R I D G E R D DELHA M C T EVERETTE CT CLOVERLA N D W A Y ST I L L M E A D O W D R ATWA T E R C T WIN D I N G B R A N C H E S D R TALAMO R E C T C H A T H A M P L BRENTON CT PR I V A T E C A R O L I N A B E A C H R D PR I V A T E PRIVA T E 1,000 Feet®HNC Z-958 Case: Conditional Use Zoning District Request: Z-958 Existing Zoning/Use: Proposed Zoning/Use:Site Address: 4700 BlockCarolina Beach Rd (CZD) B-1 & R-15/Undeveloped (CUD) R-10/High Density Development CAMA Classifications Conservation Area Natual Heritage Resource Protection Area Aquifer Resource Protection Area Watershed Resource Protection Wetland Resource Protection Area Urban Transition Community Rural - 6 - 1ITEM: 6 Planning Board - April 14, 2016 C A R O L I N A B E A C H R D SPLI T R A I L D R PINE HOLLO W D R ILEX D R MATTE O D R SILVA T E R R A D R GATE POST LN SI K E S D R SA I N T A N D R E W S D R AP P L E T O N W A Y PRIVA T E BEL L E M E A D S W O O D S R D H E D I N G H A M L N M C G I N N I S L N WHI T E W E L D T E R HONEYDEW L N Y U L A N D R FAIRV I E W D R RIG G S T R L LIN D E N R I D G E R D PINE H O L L O W D R PIN E V I E W D R WIN F O R D E R D SIKES DR ADAM S L A N D I N G D R A L D E R R I D G E R D DELHA M C T EVERETTE CT CLOVERLA N D W A Y ST I L L M E A D O W D R ATWA T E R C T WIN D I N G B R A N C H E S D R TALAMO R E C T C H A T H A M P L BRENTON CT PR I V A T E C A R O L I N A B E A C H R D PR I V A T E PRIVA T E 1,000 Feet®HNC Z-958 Sewer Collector Water Distribution Main Urban Services Area Case: Conditional Use Zoning District Request: Z-958 Existing Zoning/Use: Proposed Zoning/Use:Site Address: 4700 BlockCarolina Beach Rd (CZD) B-1 & R-15/Undeveloped (CUD) R-10/High Density Development MARKET ST ^ I-140 I-14 0 I- 4 0 RIVE R R D U S H W Y 4 2 1 C A R O L I N A B E A C H SIDBURY RD MARK E T S T C A S T L E H A Y N E R D BLUE C L A Y R D CO L L E G E R D S HOLLY SHE L T E R R D OLEANDER DR EAST W O O D R D SHIPYARD BLV I- 4 0 E R I V E R R D DO W R D S WHI T E R D BEA C H R D S *Site In USB* Urban Services Area - 7 - 1ITEM: 6 Planning Board - April 14, 2016 PROPOSED SITE PLAN - 8 - 1ITEM: 6 Planning Board - April 14, 2016 - 9 - 1ITEM: 6 Planning Board - April 14, 2016 APPLICANT MATERIALS - 10 - 1ITEM: 6 Planning Board - April 14, 2016 - 1 1 - 1 IT E M : 6 Pl a n n i n g B o a r d - A p r i l 1 4 , 2 0 1 6 - 1 1 - 2 IT E M : 6 Pl a n n i n g B o a r d - A p r i l 1 4 , 2 0 1 6 - 1 1 - 3 IT E M : 6 Pl a n n i n g B o a r d - A p r i l 1 4 , 2 0 1 6 - 1 1 - 4 IT E M : 6 Pl a n n i n g B o a r d - A p r i l 1 4 , 2 0 1 6 - 1 1 - 5 IT E M : 6 Pl a n n i n g B o a r d - A p r i l 1 4 , 2 0 1 6 - 1 1 - 6 IT E M : 6 Pl a n n i n g B o a r d - A p r i l 1 4 , 2 0 1 6 - 1 1 - 7 IT E M : 6 Pl a n n i n g B o a r d - A p r i l 1 4 , 2 0 1 6 - 1 1 - 8 IT E M : 6 Pl a n n i n g B o a r d - A p r i l 1 4 , 2 0 1 6 - 1 1 - 9 IT E M : 6 Pl a n n i n g B o a r d - A p r i l 1 4 , 2 0 1 6 - 11 - 10ITEM: 6 Planning Board - April 14, 2016 - 11 - 11ITEM: 6 Planning Board - April 14, 2016 - 11 - 12ITEM: 6 Planning Board - April 14, 2016 - 11 - 13ITEM: 6 Planning Board - April 14, 2016 - 11 - 14ITEM: 6 Planning Board - April 14, 2016 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 7, 2016 Meeting Location: Codington Elementary School - 11 - 15ITEM: 6 Planning Board - April 14, 2016 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 23, 2016. Only one mailing was returned by the USPS as undeliverable. All others were presumed notified. County Planning notified the “Sunshine List” per current procedures. Meeting Summary The meeting was attended by approx. 15 people. The attendee log may reflect less as there were several couples but all were asked to sign in. Brad Schuler attended for New Hanover County. Stephen Brock of Brock Ventures, Inc. (Wilmington, NC) introduced himself and presented a slide show. There were many talking points, but following key points were emphasized: ¥ Partner – Buckeye Community Hope Foundation ¥ 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 § 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, o Maintenance – full time property maintenance person and financial reserves established for long term repairs (roof, etc) - 11 - 16ITEM: 6 Planning Board - April 14, 2016 The presentation then ended and went to a Q&A format for approx. 20 minutes until all questions and concerns were addressed. Most people who spoke had just questions which far outweighed spoken concerns. The questions were: 1. Security. Applicant committed to cameras for the parking area. 2. Fencing. Applicant explained that that would prob not be done. 3. Future development on site. Applicant explained that LURAs and other constraints will prevent us from ever further developing the site. 4. Income limits. Explained data and calculations in more detail. 5. 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. 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. - 11 - 17ITEM: 6 Planning Board - April 14, 2016 NEW HANOVER COUNTY PLANNING BOARD REQUEST FOR BOARD ACTION MEETING DATE: April 14, 2016 REGULAR ITEM: DEPARTMENT: PRESENTER(S): Ben Andrea, Current Planning & Zoning Supervisor CONTACT(S): SUBJECT: Public Hearing Special Use Permit Request (S-629, 4/16) – Request by Design Solutions, applicant, on behalf of the property owners, FSS Properties, LLC, for a special use permit for an asphalt mixing facility (Intensive Manufacturing) on a 10.01 acre parcel located at 5600 Holly Shelter Road. The property is classified as Aquifer Resource Protection Area and Wetland Resource Protection Area according to the 2006 CAMA Land Use Plan. BRIEF SUMMARY: The applicant, Design Solutions, on behalf of the property owner, FSS Properties, LLC, is requesting a Special Use Permit to operate an intensive manufacturing use at 5600 Holly Shelter Road. The site is zoned I-2, Heavy Industrial, and is located within a large I-2 zoning district in a northern area of the county that has remained relatively unchanged since zoning was applied to that area of the county on July 7, 1972. Vacant land predominates the area, along with some industrial uses along Holly Shelter Road in the vicinity of the subject site, including mining and quarrying, and cement mixing and processing facilities. Immediately adjacent to the north of the subject site is a heavy truck servicing facility. To the east is a Duke Energy Progress complex including offices, fleet services, and equipment storage yards. Northeast of the site on Holly Shelter Road is a cement mixing facility that appears to be vacated. Adjacent to the south of the site is a shooting range surrounded by a large vacant and undeveloped parcel. Across Holly Shelter Road from the subject site is Diamond Shamrock Road, which leads to Elementis Chromium, and Adams Products on Holly Shelter Road, a brick and masonry products supplier. About ½ a mile to the west of the site on Holly Shelter Road is a cement mixing facility, and to the south of that facility lies the nearest residentially- zoned land with nearly 60 single family dettached residential uses. Other nearby residential uses include 4-5 single family uses off of Lula Nixon Road. The site is split between two subclasses of the Resource Protection land use class in the 2006 CAMA Land Use Plan: Aquifer Resource Protection Area and Wetland Resource Protection Area. STRATEGIC PLAN ALIGNMENT: Intelligent Growth and Economic Development • Attract and retain new and expanding businesses • Implement plans for land use, economic development, infrastructure and environmental programs RECOMMENDED MOTION AND REQUESTED ACTIONS: ITEM: 7 Planning Board - April 14, 2016 Staff has conducted an analysis of the proposed use and the information provided as part of the application package, in addition to supplemental information provided by the applicant, and has created preliminary findings of fact to support each of the conclusions required to be reached to approve the special use permit request. These preliminary findings of fact and conclusions are based solely on the information provided to date, prior to any information or testimony in support or opposition to the request that may be presented at the upcoming public hearing at the April 14, 2016 Planning Board meeting. Staff concludes that based on the information presented with the application and supplemental correspondence, the four required conclusions could be met to approve the special use permit request. 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. ATTACHMENTS: S-629 Script for PB S-629 Petition Summary S-629 Staff Summary S-629 Supplemental Info Emails S-629 Neighbor Property Owner Map S-629 Zoning Map S-629 CAMA Map S-629 Water-Sewer Map Proposed Site Plan Cover Sheet S-629 Proposed Site Plan Applicant Materials Cover Page S-629 Application Package ITEM: 7 Planning Board - April 14, 2016 SCRIPT FOR Special Use Permit (S-629, 04/16) Request by Design Solutions, applicant, on behalf of the property owners, FSS Properties, LLC, for a special use permit for an asphalt mixing facility (Intensive Manufacturing) on a 10.01 acre parcel located at 5600 Holly Shelter Road. 1. Swear witnesses. 2. 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. 3. Conduct Hearing, as follows: a. Staff presentation b. Applicant’ s presentation (up to 15 minutes) c. Opponent’s presentation (up to 15 minutes) d. Applicant’s cross examination/rebuttal (up to 5 minutes) e. Opponent’s cross examination/rebuttal (up to 5 minutes) 4. Close the Public Hearing 5. Planning Board discussion 6. A Special Use Permit which is denied may only be resubmitted if there has been a substantial change in the facts, evidence, or conditions of the application as determined by the Planning Director. At this time, you may ask to either continue the application to a future meeting, or to proceed with this Board deciding whether to grant or deny the application. What do you wish to do? 7. Ask Applicant whether he/she agrees with staff findings and any proposed conditions. 8. Vote on a recommendation for the special use permit. 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) ____________________________________________________________________ ____________________________________________________________________ - 1 - 1ITEM: 7 Planning Board - April 14, 2016 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 injure 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 - 2ITEM: 7 Planning Board - April 14, 2016 S-629, 04/15 Page 1 of 1 Case S-629, (04/15) Special Use Permit request to operate an intensive manufacturing use (asphalt mixing plant) in an I-2 zoning district Petition Summary Data Parcel Location & Acreage: 5600 Holly Shelter Road; 10.01 acres Petitioner/Owner: Design Solutions on behalf of FSS Properties, LLC Existing Land Use: Vacant with an existing office building Zoning History: Initially zoned I-2 via Area 8A (July 7, 1972) Land Classification: Resource Protection (Aquifer Resource Protection/Wetland Resource Protection) Water Type: Public service available Sewer Type: Septic for the office building Recreation Area: Castle Hayne Northern Regional Park Access: Direct access to Holly Shelter Road; NCDOT driveway permit needed Fire District: New Hanover County North Watershed & Water Quality Classification: Holly Shelter Creek (C;Sw) Conservation/Historic/ Archaeological Resources: None known Soils and Septic Suitability: Murville Fine Sand (Mu) – Severe: Wetness/Flooding Stallings Fine Sand (St) – Severe: Wetness Schools: Castle Hayne and Eaton Elementaries, Holly Shelter Middle, Laney High - 2 - 1ITEM: 7 Planning Board - April 14, 2016 S-629 (4/16) Page 1 of 7 SPECIAL USE PERMIT REQUEST Planning Board Meeting April 14, 2016 CASE: S-629 PETITIONER: Design Solutions on behalf of FSS Properties, LLC REQUEST: Special Use Permit to operate an intensive manufacturing use (asphalt mixing plant) in an I-2 Heavy Industrial zoning district. ACREAGE: 10.01 acres LOCATION: 5600 Holly Shelter Road PID: R01200-002-001-001 LAND CLASS: Resource Protection (Aquifer Resource Protection/Wetland Resource Protection) EXISTING CONDITIONS: Existing Zoning and Land Uses The applicant, Design Solutions, on behalf of the property owner, FSS Properties, LLC, is requesting a Special Use Permit to operate an intensive manufacturing use at 5600 Holly Shelter Road. The site is zoned I-2, Heavy Industrial, and is located within a large I-2 zoning district in a northern area of the county that has remained relatively unchanged since zoning was applied to that area of the county on July 7, 1972. Vacant land predominates the area, along with some industrial uses along Holly Shelter Road in the vicinity of the subject site, including mining and quarrying, and cement mixing and processing facilities. Immediately adjacent to the north of the subject site is a heavy truck servicing facility. To the east is a Duke Energy Progress complex including offices, fleet services, and equipment storage yards. Northeast of the site on Holly Shelter Road is a cement mixing facility that appears to be vacated. Adjacent to the - 3 - 1ITEM: 7 Planning Board - April 14, 2016 S-629 (4/16) Page 2 of 7 south of the site is a shooting range surrounded by a large vacant and undeveloped parcel. Across Holly Shelter Road from the subject site is Diamond Shamrock Road, which leads to Elementis Chromium, and Adams Products on Holly Shelter Road, a brick and masonry products supplier. About ½ a mile to the west of the site on Holly Shelter Road is a cement mixing facility, and to the south of that facility lies the nearest residentially-zoned land with nearly 60 single family dettached residential uses. Other nearby residential uses include 4-5 single family uses off of Lula Nixon Road. Existing Site Conditions The subject property is currently not utilized, but has been used for equipment storage and offices for various contractors and businesses in the past. The site is cleared of trees and vegetation, and development on the site is currently limited to a small office building that would be used as part of the current proposal. Conservation, Historic, and Archaeological Resources The subject property does not host any known conservation, historic, or archaeological resources. PETITIONER’S REQUEST: The specific use proposed is an asphalt mixing facility (NAICS 324121) and classified as Intensive Manufacturing by the definition in the Zoning Ordinance, which specifically mentions petroleum products: Intensive Manufacturing - Manufacturing and processing of products and chemicals including but not limited to: acetylene, lime, gypsum or plaster-of-Paris, stone, clay, glass, cement, concrete, chlorine, corrosive acid or fertilizer, insecticides, disinfectants, poisons, explosives, paint, lacquer, varnish, petroleum products, coal, plastic and synthetic resins, and radioactive materials. This group also includes smelting, animal slaughtering, paper manufacturing, oil refining, fuel bulk storage facilities, and electricity generating facilities, as well as any manufacturing or processing facility which has a high potential for significant negative external impacts on surrounding properties, water resources, air quality and/or public health. The operation is described in the narrative accompanying the application, and can be summarized as a facility that mixes existing materials, aggregate, sand, and a binder under heated conditions to produce - 3 - 2ITEM: 7 Planning Board - April 14, 2016 S-629 (4/16) Page 3 of 7 the final mixed asphalt product which is then loaded onto trucks and shipped to a final destination for use. Information in the application materials also speaks to potential impacts such as noise, dust, odor, stormwater runoff, and air emissions. Noise is described as minimal and limited to the site due to the central location of the machinery, and dust resulting from the operation will be controlled through filtration. The existing pond on site is proposed to be improved for use as stormwater runoff mitigation. Finally, the impacts to air quality would be minimized through a state-issued permit for air emissions that would impose conditions on hourly and annual production. The use of natural gas for the heat source, bagfilters for particulate control, and recycled asphalt also all contribute to low impacts to air quality. STAFF POSITION: Zoning and Subdivision Ordinance Considerations The purpose of the of the I-2 zoning district is to set aside areas of the county for a variety of manufacturing and other heavy industrial uses for sites served by key transportation infrastructure including rail, waterway, and highway networks. As with the county’s other zoning districts, certain uses are permitted in the I-2 zoning district by special use permit through high standards of planning and design, as well as the potential for conditions, in order to minimize any negative effects that a particular use may have on the surrounding area. Four conclusions must be met supported by findings of fact as part of the approval process for a special use permit. A conceptual site plan is included as part of the application. If this application is approved, the property must be developed in accordance with the site plan. Further, the proposed development must also go through the County’s site plan/building permit review process. The process includes the review of the technical standards of the County’s development regulations, including landscaping, fire services delivery, stormwater, and sediment and erosion control. Traffic Trip generation from the proposed use will be primarily heavy trucks bringing materials to the site and leaving the site with the mixed asphalt en route to the final destination. The narrative accompanying the application indicates that during the 6AM to 6PM hours of operation, the truck traffic per day will be 20-50 trucks. Additionally, peak traffic would be in the morning with potentially 6 trucks per hour leaving the site with the mixed asphalt. A Traffic Impact Analysis (TIA) is not required for the development due to the low trip generation realized from the proposal. Holly Shelter Road is classified as a Minor Arterial by NC DOT, and is functioning at a high level of service based on its design capacity and existing volume. Traffic counts were conducted in the 5,600 block of Holly Shelter Road in September 2015, showing an average daily trip count of 5,943 trips with a capacity of 29,300 and yielding a volume-to-capacity ratio of 0.26 and a Level of Service of “A”. The new use would require a driveway permit from NC DOT. A cursory review by WMPO staff encouraged a 24’ wide travelway to accommodate two-way travel for the large trucks entering and exiting the site; the petitioner has noted it will be incorporated into the design. - 3 - 3ITEM: 7 Planning Board - April 14, 2016 S-629 (4/16) Page 4 of 7 Environmental The property does not contain any Special Flood Hazard Areas or Significant Natural Heritage Areas. Based on the Soil Survey of New Hanover County, the soils on site are Stallings fine sand and Murville fine sand, which pose moderate to severe limitations for septic use. The topography of the site is relatively flat and drains to the south, feeding into a large Cypress pond that drains to the Cape Fear River approximately 1/3 of a mile to the west of the subject site. Stormwater management regulations will require management practices for retaining stormwater on the site. 2006 CAMA Land Use Plan Considerations The site is split between two subclasses of the Resource Protection land use class in the 2006 CAMA Land Use Plan: Aquifer Resource Protection Area and Wetland Resource Protection Area. The Aquifer Resource Protection subclass occurs in the Northwest part of the County North of Smith Creek, and is the area where the Castle Hayne and Pee Dee Aquifers secondary recharge occurs. The impacts that the resource is being protected from is diminished recharge of the aquifer and contamination of the aquifer by inappropriate land uses. The focus of strategies to protect this Resource Protection subclass is encouraging larger lot development if septic systems are used to prevent cross contamination of wells, extension of water and sewer service to curtail septic system use, prevention of uses that pose risk of spill of hazardous materials, and encouraging development practices that promote sustained recharge. The Wetland Resource Protection subclass is primarily in the northeastern part of the county. The impact from which protection is needed is loss of wetland areas to development. The primary resource protection strategies focus on encouraging preservation of wetlands and wetland functions. Draft Comprehensive Land Use Plan Considerations The County is currently going through a process to create a new comprehensive land use plan. The current draft of the new Comprehensive Plan classifies the area of the property subject to development as Employment Center on the Future Land Use Map, while the area across Holly Shelter Road is classified as Commerce Zone place type. - 3 - 4ITEM: 7 Planning Board - April 14, 2016 S-629 (4/16) Page 5 of 7 The Employment Center Place Type serves as employment and production hubs, with office and light industrial uses predominating. Commerce Zone areas also serve as employment and production hubs, predominantly composed of light and heavy industrial uses, though office and complementary commercial uses are also allowed. Both Employment Centers and Commerce Zones require arterial or major collector road access connecting them to areas outside their boundaries. GENERAL INFORMATION REGARDING SPECIAL USE PERMITS: Special use permits add flexibility to the Zoning Ordinance. Subject to high standards of planning and design, certain property uses may be allowed in the several districts where these uses would not otherwise be acceptable. By means of controls exercised through the special use permit procedures, property uses which would otherwise be undesirable in certain districts can be developed to minimize any bad effects they might have on surrounding properties. Any use or development designated by applicable zoning district regulations as a special use, or as allowed only pursuant to a special use permit, may be established in that district only after the use or development is authorized by a validly issued special use permit. The applicant bears the burden of presenting sufficient evidence in support of the application to allow the Planning Board, after weighing such evidence against that presented in opposition to the application, to make findings of fact that reasonably support each of the required conclusions. If that burden is met, the Planning Board should recommend to the Board of Commissioners to approve the application. If that burden is not met, the Planning Board should recommend denial of the application, provided that if the Planning Board determines that specific minor changes or additions to, or restrictions on, the proposed development are necessary and sufficient to overcome impediments to its reaching the required conclusions, it may recommend approval of the application subject to reasonable conditions requiring such changes or additions or imposing such restrictions. Such conditions may include time limits for completion of development or for the start or end of certain uses or activities. The Planning Board may continue the hearing to a later meeting to accommodate additional witnesses or the presentation of additional testimony or evidence. If the time and place of the continued hearing is announced in open session during the hearing, no further notice need be given for the continued hearing. - 3 - 5ITEM: 7 Planning Board - April 14, 2016 S-629 (4/16) Page 6 of 7 A motion to recommend approval of the application must state the required conclusions and include findings of fact on which the conclusions are based, plus any proposed conditions of approval. The favorable vote of the majority of Planning Board members present is necessary to pass such a motion. A motion to recommend denial of the application must state which of the required conclusions cannot be reached and include findings of fact on which the inability to reach the conclusions is based. The favorable vote of a majority of Planning Board members present is necessary to pass such a motion. Upon receiving the recommendations of the Planning Board and holding a public hearing, the Board of Commissioners may grant or deny the special use permit request. STAFF PRELIMINARY CONCLUSIONS AND FINDINGS OF FACTS: Staff has conducted an analysis of the proposed use and the information provided as part of the application package, in addition to supplemental information provided by the applicant, and has created preliminary findings of fact to support each of the conclusions required to be reached to approve the special use permit request. These preliminary findings of fact and conclusions are based solely on the information provided to date, prior to any information or testimony in support or opposition to the request that may be presented at the upcoming public hearing at the April 14, 2016 Planning Board meeting. 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 site does not host any known cultural or archaeological resources. C. The additional permits and approvals required to develop the proposal, including but not limited to a state-issued air discharge permit, stormwater permit, sediment and erosion control plan approval, zoning compliance, driveway permit, and building code compliance, will allow the development and operation of the proposal while not materially endangering the public health or safety where proposed. 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. Intensive manufacturing uses are allowed by Special Use Permit in the I-2 zoning district. B. Additional review of more detailed plans will be required to ensure compliance with applicable Zoning Ordinance provisions such as parking, and landscaping requirements. 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. - 3 - 6ITEM: 7 Planning Board - April 14, 2016 S-629 (4/16) Page 7 of 7 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 intensive manufacturing use is within an area zoned for industrial uses. B. The closest residential property is approximately 2,100 feet away from the proposed intensive manufacturing use. C. Predominate land uses in the vicinity of the subject site are light to heavy industrial uses and vacant or undeveloped land. D. 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. 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 site is split between two subclasses of the Resource Protection land use class in the 2006 CAMA Land Use Plan: Aquifer Resource Protection Area and Wetland Resource Protection Area. B. The applicable strategy for the Aquifer Resource Protection subclass is to protect the aquifer from contamination of inappropriate land uses that may pose risk of spill of hazardous materials. The proposed use creates a diminutive risk of spill of hazardous materials that would degradate the aquifer. C. The primary resource strategy for the Wetland Resource Protection subclass is to preserve wetlands and wetland functions. No wetlands have been identified on the site, and the proposed development will not impair any wetland functions on or within the vicinity of the site. Staff Suggestion: Evidence in the record at this time supports a finding that the use is in general conformity with the plan of development for New Hanover County. _____________________________________________________________________________________ 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. - 3 - 7ITEM: 7 Planning Board - April 14, 2016 - 4 - 1ITEM: 7 Planning Board - April 14, 2016 - 4 - 2ITEM: 7 Planning Board - April 14, 2016 - 4 - 3ITEM: 7 Planning Board - April 14, 2016 - 4 - 4ITEM: 7 Planning Board - April 14, 2016 - 4 - 5ITEM: 7 Planning Board - April 14, 2016 - 4 - 6ITEM: 7 Planning Board - April 14, 2016 - 4 - 7ITEM: 7 Planning Board - April 14, 2016 - 4 - 8ITEM: 7 Planning Board - April 14, 2016 - 4 - 9ITEM: 7 Planning Board - April 14, 2016 - 4 - 10ITEM: 7 Planning Board - April 14, 2016 - 4 - 11ITEM: 7 Planning Board - April 14, 2016 - 4 - 12ITEM: 7 Planning Board - April 14, 2016 - 4 - 13ITEM: 7 Planning Board - April 14, 2016 - 4 - 14ITEM: 7 Planning Board - April 14, 2016 6 2 5 5 5 5 8 10 7 934 HOLLY SHELTER R D I - 4 0 E I - 4 0 W PRIVATE BLU E C L A Y R D B A R B A D O S B L V I D E A L C E M E N T R D D I A M O N D S H A M R O C K R D WOOD H A V E N D R BROOKDALE DR M C G R E G O R R D NIX O N L N P R O S P E R I T Y L N P R I V A T E PRIVA T E PRIV A T E 0.5 Miles®HNC S-629 I-2 R-15 I-1 B-2 R-10 S-629 Case: Special UsePermit Request: S-629 Existing Zoning/Use: Proposed Zoning/Use:Site Address: 5600 Holly Shelter Rd I-2/Vacant I-2/Intensive Manufacturing Parcels within 500 Feet of Case Site ! ! ! !!!!!!!!!!! ! ! ! !!!!!!!!!!! Case SiteNeighboring Parcels IDPhysical Address05600 HOLLY SHELTER RD15700 HOLLY SHELTER RD25408 HOLLY SHELTER RD35618 HOLLY SHELTER RD45624 HOLLY SHELTER RD54080 HOLLY SHELTER RD65635 HOLLY SHELTER RD75301 HOLLY SHELTER RD85575 HOLLY SHELTER RD95630 HOLLY SHELTER RD Zoning - 5 - 1ITEM: 7 Planning Board - April 14, 2016 I-2 R-15 I-1 B-2 R-10 HOLLY SHELTER R D I - 4 0 E I - 4 0 W PRIVATE BLU E C L A Y R D B A R B A D O S B L V I D E A L C E M E N T R D D I A M O N D S H A M R O C K R D WOOD H A V E N D R BROOKDALE DR M C G R E G O R R D NIX O N L N P R O S P E R I T Y L N P R I V A T E PRIVA T E PRIV A T E 0.5 Miles®HNC S-629 Case: Special UsePermit Request: S-629 Existing Zoning/Use: Proposed Zoning/Use:Site Address: 5600 Holly Shelter Rd I-2/Vacant I-2/Intensive Manufacturing A-I A-I CD AR B-1 B-1 CD B-2 B-2 CD EDZD I-1 I-1 CD I-2 O&I O&I CD PD R-10 R-10 CD R-15 R-15 CD R-20 R-20 CD R-20S R-7 CD RA RFMU SC Zoning Districts Incorporated Areas SHOD - 6 - 1ITEM: 7 Planning Board - April 14, 2016 Rural Wetland Resource Protection AreaAquifer Resource Protection Area Conservation Area Community Natural Heritage Resource Protection Area HOLLY SHELTER R D I - 4 0 E I - 4 0 W PRIVATE BLU E C L A Y R D B A R B A D O S B L V I D E A L C E M E N T R D D I A M O N D S H A M R O C K R D WOOD H A V E N D R BROOKDALE DR NIX O N L N P R O S P E R I T Y L N KERRY DR P R I V A T E PRIVA T E PRIV A T E 0.5 Miles®HNC S-629 Case: Special UsePermit Request: S-629 Existing Zoning/Use: Proposed Zoning/Use:Site Address: 5600 Holly Shelter Rd I-2/Vacant I-2/Intensive Manufacturing CAMA Classifications Conservation Area Natual Heritage Resource Protection Area Aquifer Resource Protection Area Watershed Resource Protection Wetland Resource Protection Area Urban Transition Community Rural - 7 - 1ITEM: 7 Planning Board - April 14, 2016 HOLLY SHELTER R D I - 4 0 E I - 4 0 W PRIVATE BLU E C L A Y R D B A R B A D O S B L V I D E A L C E M E N T R D D I A M O N D S H A M R O C K R D WOOD H A V E N D R BROOKDALE DR M C G R E G O R R D NIX O N L N P R O S P E R I T Y L N P R I V A T E PRIVA T E PRIV A T E 0.5 Miles®HNC S-629 Sewer Collector Water Distribution Main Urban Services Area Case: Special UsePermit Request: S-629 Existing Zoning/Use: Proposed Zoning/Use:Site Address: 5600 Holly Shelter Rd I-2/Vacant I-2/Intensive Manufacturing MARKET ST ^ I-140 I-14 0 I- 4 0 RIVE R R D U S H W Y 4 2 1 C A R O L I N A B E A C H SIDBURY RD MARK E T S T C A S T L E H A Y N E R D BLUE C L A Y R D CO L L E G E R D S HOLLY SHE L T E R R D OLEANDER DR EAST W O O D R D SHIPYARD BLV *Site In USB* Urban Services Area - 8 - 1ITEM: 7 Planning Board - April 14, 2016 PROPOSED SITE PLAN - 9 - 1ITEM: 7 Planning Board - April 14, 2016 - 10 - 1 ITEM: 7 Planning Board - April 14, 2016 APPLICANT MATERIALS - 11 - 1ITEM: 7 Planning Board - April 14, 2016 - 11 - 2ITEM: 7 Planning Board - April 14, 2016 - 12 - 1ITEM: 7 Planning Board - April 14, 2016 Page 2 of 4 SUP (4/10) REVIEW PROCEDURES Applications for Special Use Permits (other then for single family dwellings on individual lots) are first referred to the New Hanover County Planning Board for recommendation to the County Commissioners. The Commissioners make final action on the permit application in a quasi-judicial public hearing. Complete petitions and all supplementary information must be accepted by Planning & Zoning, twenty (20) working days before the Planning Board meeting to allow adequate time for processing and advertisement as required by the North Carolina General Statutes. Planning Board meetings are held on the first Thursday of each month at 5:30PM in the Commissioner's Assembly Room at the Old County Courthouse, at Third and Princess Streets, Wilmington, North Carolina. Applications for single-family dwellings, including mobile homes, on individual lots must be accepted by Planning &Zoning twenty (20) working days before the regularly scheduled Commissioners meeting. Applications for single-family dwellings on individual lots do not require planning board review. What You Must Establish For A Special Use Permit Authority to grant a Special Use Permit is contained in the Zoning Ordinance, pursuant to section 71. The Zoning Ordinance imposes the following General Requirements on the use requested by the applicant. Under each requirement, the applicant should explain, with reference to attached plans, where applicable, how the proposed use satisfies these requirements: (Attach additional pages if necessary) General Requirement #1 The Board must find “that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved.” General Requirement #2 The Board must find “that the use meets all required conditions and specifications” of the Zoning Ordinance”. TheprojectislocatedonHollyShelterRoad,aStatecollectorwithmorethatadequatecapacityto handlethetrucktrafficproposed,andinanexcellentlocationforaccessibilitytothemarketsit willserve.Theamountoftripgenerationislow,andspreadoutthroughtheday.Regardless,a drivewaypermitwillberequiredfromNCDOTthatwillreviewtheintersectionandassuresafe trafficmovements.Constructionandoperationspermittingmustbeapprovedbyavarietyofagencies priortotheonsetofimprovementsandthebeginningofuse.Theseinclude,butarenotlimitedto, erosioncontrol,stormwatermanagement,andairqualitypermits. Thesiteplanhasbeencreatedinaccordancewithalloftherequirementsandregulationsofthe ZoningOrdinanceandwillgothroughmoredetailedreviewandapprovalduringthezoningcompliance permitting.Setbacks,parkingneedsandlandscapingforaestheticshavebeenconsidered.Thereare nosupplementalrequirementsfortheproposeduse,otherthanthespecialusepermitfindings. - 12 - 2ITEM: 7 Planning Board - April 14, 2016 Page 3 of 4 SUP (4/10) General Requirement #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.” General Requirement #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.” Thesurroundingpropertyusesareindustrialinnature,andthereisasimilarmixingfacilityfor concretejustdowntheroad.Theexistingquarryactivitiesand/orlawenforcementshootingrange havethepotentialformorenoisethantheproposeduse.Therehasbeennoevidenceofdiminished propertyvaluesinthepastyearsduetothoseuses.Aminimumof50'openspacehasbeen maintainedaroundtheperimeterofthetractthatwouldbeclearofpavement,materialsstorageor anyotheruse. TheI-2/HeavyIndustrialdistrictisestablishedforthefull-rangeofusesassociatedwith highwaytransportationand/ortheneedforseparationfromresidentialuses.Theclosest residentialdistrictisover2000'beyondtheperimeterofthesubjecttract.Policiesforgrowth andeconomicdevelopmentencouragecontinuedeffortstoattractandretainbusinesses.Theexpected largeinfluxofresidencesinthefutureyearscontinuestodrivehomebuildingandservices provisiondevelopmentneeds.Theimprovementsthatwillberequiredincludepublic&private streets,parkingareasandotherasphaltsurfaces.TheI-2districtwasassignedtothisvicinity oftheCountybecauseofpre-existingindustryinthislocation,thelargeopenacreageandthelack ofresidentialuses. - 12 - 3ITEM: 7 Planning Board - April 14, 2016 - 12 - 4ITEM: 7 Planning Board - April 14, 2016 - 12 - 5ITEM: 7 Planning Board - April 14, 2016 - 1 2 - 6 IT E M : 7 Pl a n n i n g B o a r d - A p r i l 1 4 , 2 0 1 6 Special Use Permit Narrative for  Southern Asphalt  5600 Holly Shelter Road      Southern Asphalt, Inc. has been in business for more than a decade.  Their focus is on providing asphalt  paving for general contractors and government agencies.  The partners have extensive combined  experience in asphalt production and placement.      The company currently purchases their asphalt from existing producers, but sees the advantage of  mixing the product for themselves in a location that will be better accessible to the markets they serve.   The subject tract on Holly Shelter Road is an excellent location, both because of its proximity in a Heavy  Industrial zoning district, and its accessibility to major thoroughfares like Market Street (Hwy. 17),  Interstate 40 and Castle Hayne Road (Hwy. 133).  The nearby quarry can provide convenient aggregate  supply.    The proposed use is a mixing facility, not a manufacturing plant.  The bituminous concrete, more  familiarly called asphalt, blacktop or pavement, is a composite produced by combining existing  materials, aggregate, sand and a binder, in a mixing drum under heated conditions.  Natural gas is  available to fire the heat source, so there is no need for storage of fuel oil.  The product is then loaded  onto trucks and transferred to the location of the application.  Dust control is handled by filters in “bag  houses.”  Water is not used, and so there is no used water release into the environment.    Proposed operating hours are 6 a.m. to 6 p.m., but the plant does not run the entire time.  Normally  the “mix” for the day is completed and put in silos that load into the transfer trucks throughout the  day.  The radius of delivery distance can vary with the daily temperature, but averages 45 ‐ 60 minutes  of driving distance.  The expected production per day will range from 400 to 1000 tons.  That translates  into truck traffic of 20‐50 trucks per 12 hour day.  The morning peak volume could be 6 trucks per hour  at maximum yield.    There is not extensive noise encountered beyond the limits of the tract.  The machinery for the mixing  has been sited central to the property.  Although some milled asphalt is used in the process, as a  recycled material, it is brought in from elsewhere by truck, not ground on site.  Likewise, any odor from  the mixture would be no different than that coming from the trucks that deliver the asphalt all over the  region.     The site plan has been created in accordance with the Zoning Ordinance regulations.  There is an  existing office structure that will be upgraded for management.  The primary circulation area for the  trucks will be paved, but the materials storage area can be left natural.  Rain water runoff from the  materials is no different that the runoff from a paved parking lot.  A stormwater pond will satisfy the  water quality requirements and quantity detention.    A wide range of permits, beyond the Special Use Permit, will be required for initial construction and  on‐going operations.  These permits will assure that the use will not endanger the public health or  safety.  The underlying I‐2 / Heavy Industrial zoning district is intended for this type of use, and the  tract is in an area of other uses of similar intensity & character.   - 12 - 7ITEM: 7 Planning Board - April 14, 2016 - 12 - 8ITEM: 7 Planning Board - April 14, 2016 REPORT OF COMMUNITY MEETING FOR SPECIAL USE PERMIT Location: 5600 Holly Shelter Road Proposed Use: Asphalt Mixing Facility (Intensive Manufacturing in an I-2 District) The undersigned hereby certifies that written notice of a community meeting on the above SUP application was given to the adjacent property owners set forth on the attached list by first class mail on __February 12, 2016_____, and emailed to all parties registered on the County’s “Sunshine List” on February 13, 2016 . A copy of the written notice is also attached. The meeting was held at the following time and place: Thursday, February 25, 2016; 6:00 p.m.; New Hanover County Conference Center; 1241 Military Cutoff Rd. The persons in attendance at the meeting were: Reference Attached Sign-in List The following issues were discussed at the meeting: ** A project introduction was given with an overview of Special Use Permit process and of the site layout. It was explained that this would be an asphalt mixing facility – not to be confused with a cement manufacturing plant. ** Attendees asked a variety of questions concerning the mixing process & materials used, heating source, air quality emissions, odors & dust control, expected output & maximum facility capacity, truck trip generation, noise & stormwater management. As a result of the meeting, the following changes were made to the SUP site plan: None Date: March 7, 2016 Applicant: Design Solutions By: Cindee Wolf - 12 - 9ITEM: 7 Planning Board - April 14, 2016 - 12 - 10ITEM: 7 Planning Board - April 14, 2016 - 12 - 11ITEM: 7 Planning Board - April 14, 2016 Adjacent Property Owners' List - Southern Asphalt / 5600 Holly Shelter Road Name Address City StateZipTaxParcel ID Harry S Shaw PO Box 1108 Clinton NC28329324214.34.2393 Martin Marietta AggregatesPO Box 8040 Fort WayneIN46898324213.13.7934 Martin Marietta Materials PO Box 8040 Fort WayneIN46898324202.66.8836 Fisher Holdings, LLC etal 1608 Market St WilmingtonNC28401324214.43.6312 GTE Mobilnet of Wilm II, IncPO Box 31369 ChicagoIL60631324214.43.8165 Southern Equipment Co 3610 Bush St Raleigh NC27609324204.53.0398 Carolina Power & Light Co PO Box 1551 Raleigh NC27602324204.52.4703 NHCo Law Enforcement 20 N 4th St WilmingtonNC28401324218.42.7011 Elements Chromium Acquistion3800 Buddy Lawrence DrCorpus ChristiTX78407324218.31.6279 - 12 - 12ITEM: 7 Planning Board - April 14, 2016 P.O. Box 7221, Wilmington, NC 28406 * Telephone: 910-620-2374 * Email: cwolf@lobodemar.biz Transmittal February 12, 2016 To: Adjacent Property Owners From: Cindee Wolf Re: Southern Asphalt A property owner is interested in installing an asphalt plant on a tract of land within the proximity of your property. This proposal would require approval of a Special Use Permit by New Hanover County. An SUP approval allows particular uses to be established only in accordance with specific standards and conditions pertaining to the individual development project. Essentially, this means that only that use, structures and layout on an approved proposal can be developed. A plan of the project is enclosed. The County requires that the petitioner hold a meeting for all property owners within 500 feet of the tract boundary, and any and all other interested parties. This provides neighbors with an opportunity for explanation of the proposal and for questions to be answered concerning project improvements, benefits and impacts. A meeting will be held on Thursday, February 25th, 6:00 – 7:00 p.m., in the Longleaf Room of the New Hanover County Executive Center, 2141 Military Cutoff Road (behind the County Library). If you cannot attend, you are also welcome to contact me at telephone # 910-620-2374, or email cwolf@lobodemar.biz with comments and/or questions. We appreciate your interest in the project and look forward to being a good neighbor and an asset to the community. - 12 - 13ITEM: 7 Planning Board - April 14, 2016 - 1 2 - 1 4 IT E M : 7 Pl a n n i n g B o a r d - A p r i l 1 4 , 2 0 1 6 NEW HANOVER COUNTY PLANNING BOARD REQUEST FOR BOARD ACTION MEETING DATE: April 14, 2016 TECHNICAL REVIEW COMMITTEE REPORT ITEM: DEPARTMENT: PRESENTER(S): Sam Burgess, Senior Planner CONTACT(S): Sam Burgess; Ben Andrea, Current Planning/Zoning Supervisor SUBJECT: Technical Review Committee Report For March 2016 BRIEF SUMMARY: The New Hanover County Technical Review Committee (TRC) met once during the month of March. Four residential site plans were reviewed and preliminarily approved with conditions. Details are included in the attached report. 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 2016 TRC Report ITEM: 8 Planning Board - April 14, 2016 MARCH 2016 TRC REPORT Page 1 TECHNICAL REVIEW COMMITTEE REPORT MARCH, 2016 The County’s Technical Review Committee (TRC) met once during the month of March and reviewed four (4) residential site plans. Sunset Reach (Performance Residential) Sunset Reach is located in the northern portion of our jurisdiction near the western terminus of Rockhill Road and is classified as Watershed Resource Protection and Conservation on the County’s adopted 2006 Land Use Plan. Site Plan Data - Zoning District: R-15 Residential - Water Service: Public - Sewer Service: Public - Road Designation: Private - Lots/Units: 68 - Acreage: 17.78 - Conservation Resources: None Impacted - TIA: Not Required - Schools: Eaton & Wrightsboro Elementary (over-capacity) Holly Shelter Middle (over-capacity) Laney High (over-capacity) In a vote of 5-0, the TRC preliminarily approved Sunset Reach for 68 lots with the following conditions: 1) Updated and approved NCDOT Driveway Permit prior to final plat approval. 2) No traffic calming devices or on-street parking permitted unless reviewed by TRC. 3) The road stub known as Salvador Way be constructed to minimum NCDOT standards to the property boundary prior to the release of all or a portion of any final. 4) Sidewalks (5’ width) on one side of the street will be installed within the project. 5) A private gate be permitted close to the entrance of the project. Construction of the gate will be in accordance with County Fire Service code. Channel Watch (Performance Residential) Channel Watch is located in the southern portion of our jurisdiction near the 6600 block of River Road and is classified as Transition and Conservation on the County’s adopted 2006 Land Use Plan. Site Plan Data - Zoning District: R-15 Residential - Water Service: Public - Sewer Service: Public - Road Designation: Private - Lots: 36 - Acreage: 21.8 - Conservation Resources: Yes, Pocosin & Swamp Forest - TIA: No - Schools: Codington & Anderson Elementary (over-capacity) - 1 - 1ITEM: 8 Planning Board - April 14, 2016 MARCH 2016 TRC REPORT Page 2 - Murray Middle (over-capacity) - Ashley High (over-capacity) In a vote of 5-0, the TRC preliminarily approved Channel Watch for 36 lots with the following conditions: 1) No traffic calming devices, gates, or on-street parking unless reviewed by TRC. 2) A recommended multi-use path in conjunction with the adopted Greenway Plan be constructed along the project road frontage of River Road. The path width will be ten feet. Consultation with NCDOT required. 3) A tree survey will be required and approved by staff prior to the issuance of a sedimentation/erosion control permit. 4) The private pump station required by the CFPUA will be managed by the Channel Watch HOA. Covenant language will be added to the documents addressing this responsibility. Aaronfield Cove (High Density) Aaronfield Cove is located in the central portion of our jurisdiction near the 4700 block of Carolina Beach Road and is classified as Urban on the County’s adopted 2006 Land Use Plan. Site Plan Data - Current Zoning District: Conditional Zoning District B-1 & R-15 - Proposed Zoning District: Conditional Use District (CUD) R-10 - Water Service: Public - Sewer Service: Public - Primary Access: Carolina Beach Road - TIA: No - Lots/Units: 80 (rental) - Conservation Resources: No - Schools: Bellamy & Codington Elementary (over-capacity) Myrtle Grove Middle (over-capacity) Ashley High (over-capacity) In a vote of 5-0, the TRC preliminarily approved Aaronfield Cove for 80 units subject to Board of County Commissioner rezoning and special use permit approval with the following conditions: 1) No gates, traffic calming devices, or on-street parking permitted unless reviewed by TRC. 2) A Special Use Permit will be required with possible landscaping along the multi-use path situated along the project’s frontage of Carolina Beach Road. 3) A minimum buffer will be required along the project’s boundary. 4) Sikes Drive will be dedicated as a public road. 5) A NCDOT Driveway Permit will be required. 6) The developer will work with the City to determine the feasibility of cross access near the project. Woodridge Pointe (High Density) Woodridge Pointe is located in the southern portion of our jurisdiction near the 5000 block of Carolina Beach Road and is classified as Urban of the County’s adopted 2006 Land Use Plan. - 1 - 2ITEM: 8 Planning Board - April 14, 2016 MARCH 2016 TRC REPORT Page 3 Site Plan Data - Current Zoning District: R-15 Residential - Proposed Zoning District: Conditional Use District (CUD) R-10 - Lots/Units: 80 - Water Service: Public - Sewer Service: Public - Primary Access: Carolina Beach Road - TIA: Not Required - Conservation Resources: No - Schools: Bellamy & Codington Elementary (over-capacity) Myrtle Grove Middle (over-capacity) Ashley High (over-capacity) In a vote of 5-0, the TRC preliminarily approved Woodridge Pointe for 80 units subject to Board of County Commissioner rezoning and special use permit approval with the following conditions: 1) A ten foot multi-use path be installed along Carolina Beach Road. 2) A twenty foot buffer yard be required from adjoining residentially zoned property. 3) An approximate time table when the proposed O&I District will be developed or when the existing single family dwelling will be removed. - 1 - 3ITEM: 8 Planning Board - April 14, 2016 - 1 - 4ITEM: 8 Planning Board - April 14, 2016 - 1 - 5ITEM: 8 Planning Board - Aril 14, 2016 - 1 - 6ITEM: 8 Planning Board - Aril 14, 2016 - 1 - 7ITEM: 8 Planning Board - Aril 14, 2016 - 1 - 8ITEM: 8 Planning Board - Aril 14, 2016 - 1 - 9ITEM: 8 Planning Board - Aril 14, 2016 - 1 - 10ITEM: 8 Planning Board - Aril 14, 2016