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HomeMy WebLinkAboutAgenda 2016 05-02AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS Assembly Room, New Hanover County Historic Courthouse %f. 24 North Third Street, Room 301 Wilmington, NC - BETH DAWSON, CHAIRMAN - JONATHAN BARFIELD, JR., VICE - CHAIRMAN SKIP WATKINS, COMMISSIONER - WOODY WHITE, COMMISSIONER - ROB ZAPPLE, COMMISSIONER CHRIS COUDRIET, COUNTY MANAGER - WANDA COPLEY, COUNTY ATTORNEY - TERESA ELMORE, CLERK TO THE BOARD MAY 2, 2016 3:00 PM MEETING CALLED TO ORDER (Chairman Beth Dawson) INVOCATION (Rabbi Julie Kozlow, B'nai Israel Congregation) PLEDGE OF ALLEGIANCE (Commissioner Skip Watkins) APPROVAL OF CONSENT AGENDA CONSENT AGENDA ITEMS OF BUSINESS 1. Approval of Minutes 2. Adoption of a Resolution to Declare Equipment Surplus and Approval of Disposal through Donation by NCGS 160A -280 3. Adoption of a Resolution to Dispose of Surplus Property According to Procedures Outlined in North Carolina General Statutes - Chapter 160A Article 12 4. Adoption of Foster Care Awareness Month Proclamation ESTIMATED MINUTES REGULAR AGENDA ITEMS OF BUSINESS 5 5. Consideration of National Preservation Month Proclamation 5 6. Consideration of Elder Abuse Awareness Month Proclamation 30 7. Presentation of FY16 -17 Recommended Budget and FY17 -21 Capital Improvement Plan 40 8. Public Hearing Rezoning Request (Z -951, 3/16) — Request by Barry Amos of College Road Development Partners LLC, Property Owner, to Rezone 8.05 Acres Located at the 2600 Block of N. College Road from B -2, Highway Business District, and R -15, Residential District, to (CUD) R -10, Conditional Use Residential District, and for a Special Use Permit in Order to Develop a High Density Development 40 9. 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 40 10. Public Hearing Board of Commissioners - May 2, 2016 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 Two Office Buildings Totaling 10,000 Square Feet 40 11. 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, and for a Special Use Permit in Order to Develop a High Density Development Consisting of 80 Apartment Units 40 12. 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 4700 block of Carolina Beach Road from (CUD) B -1, Conditional Business District, and R -15, Residential District, to (CUD) R -10, Conditional Use Residential District, and for a Special Use Permit in Order to Develop a High Density Development Consisting of 80 Apartment Units 40 13. 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 40 14. 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 40 15. 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 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 PUBLIC COMMENTS ON NON - AGENDA ITEMS (limit three minutes) ESTIMATED ADDITIONAL AGENDA ITEMS OF BUSINESS MINUTES 10 16. Additional Items County Manager County Commissioners Clerk to the Board Board of Commissioners - May 2, 2016 County Attorney 17. ADJOURN Note: Minutes listed for each item are estimated, and if a preceding item takes less time, the Board will move forward until the agenda is completed. Mission New Hanover County is committed to progressive public policy, superior service, courteous contact, judicious exercise of authority, and sound fiscal management to meet the needs and concerns of our citizens today and tomorrow. Vision A vibrant prosperous, diverse coastal community, committed to building a sustainable future for generations to come. Core Values Integrity - Accountability - Professionalism - Innovation - Stewardship Board of Commissioners - May 2, 2016 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: May 2, 2016 CONSENT DEPARTMENT: Governing Body PRESENTER(S): Teresa P. Elmore, Clerk to the Board CONTACT(S): Teresa P. Elmore SUBJECT: Approval of Minutes BRIEF SUMMARY: Approve minutes from the following meetings: Budget Work Session held on April 14, 2016 Agenda Review Meeting held on April 14, 2016 Regular Meeting held on April 18, 2016 STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Keep the public informed on important information RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve minutes. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - May 2, 2016 ITEM: 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: May 2, 2016 CONSENT DEPARTMENT: Finance PRESENTER(S): Lisa Wurtzbacher, Finance Director CONTACT(S): Cindy Hewett, Deputy Chief Information Officer SUBJECT: Adoption of a Resolution to Declare Equipment Surplus and Approval of Disposal through Donation by NCGS 160A -280 BRIEF SUMMARY: The New Hanover County Information Technology department would like to donate computer equipment to the New Hanover County Schools. The removed equipment is no longer needed and staff requests that the Board declare the equipment listed on Attachment "A" surplus and approve the disposition as outlined below. New Hanover County Schools requested that the County donate computer equipment for the use by their school health nurses. Attachment "A" contains the list of equipment being donated as well as the schools that will benefit from this donation. NCGS 160A -280 permits the donation of any personal property including supplies, materials, and equipment that the Board deems to be surplus, obsolete, or unused to another governmental unit within the United States pursuant to a resolution adopted after the posting of a public notice of such at least five (5) days prior to the adoption of the resolution. STRATEGIC PLAN ALIGNMENT: Effective County Management • Understand and act on citizen needs RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt resolution declaring equipment surplus and approve donation of equipment detailed on Attachment "A" to New Hanover County Schools. ATTACHMENTS: Resolution Exhibit A COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. Board of Commissioners - May 2, 2016 ITEM: 2 COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - May 2, 2016 ITEM: 2 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION DONATION OF COMPUTER EQUIPMENT TO NEW HANOVER COUNTY SCHOOLS WHEREAS, the New Hanover County Information Technology office desires to donate HP 2035 desktop printers with toner, keyboards, mouses and 17" monitors that have become surplus to its operations to New Hanover County Schools. These items are itemized on the attached Exhibit A. The equipment has been replaced with new equipment; and WHEREAS, pursuant to North Carolina General Statutes 160A -280, a city or county may donate to another governmental unit within the US, a sister city, or a nonprofit organization incorporated by: (i) the United States, (ii) the District of Columbia, or (iii) one of the United States, any personal property, including supplies, materials, and equipment, that the governing board deems to be surplus, obsolete, or unused. NOW, THEREFORE, BE IT RESOLVED by the New Hanover County Board of Commissioners: 1. That the computer equipment be declared surplus. 2. That the donation of the HP 2035 desktop printers with toner, mouses, keyboards and monitors to New Hanover County Schools is approved. 3. That County staff is directed to process any required documents to complete the transaction. ADOPTED this the 2nd day of May, 2016. NEW HANOVER COUNTY Beth Dawson, Chairman ATTEST: Teresa P. Elmore, Clerk to the Board Board of Commissioners - May 2, 2016 ITEM: 2 - 1 - 1 Exhibit A Equipment Value Quantity Extended Value HP 2035 Desktop printer with Toner $199.96 39 $7,798.44 17" Monitor $55.00 38 $2.090.00 Keyboard $10.00 38 $380.00 Mouse $7.00 39 $273.00 Total value of gifted Items: $10,541.44 Due to recent changes it has become necessary for our School Health Nurses to directly access the NHC Schools Network. The New Hanover County School Nurses are employees of the New Hanover County Public Health Department. By gifting the peripheral equipment (desktop printers, monitors, mice and keyboards) to New Hanover County Schools, this demonstrates a collaborative effort, between New Hanover County IT and New Hanover County Schools IT, to provide our School Health Nurses with the optimal solution to meet, both, their business and equipment needs. NHCS -IT will provide each of our nurses with desktop computers and will also provide the required ongoing maintenance and support. This arrangement results from a recent change in network connectivity recently implemented by NHCS. With these changes our School Health Nurses were no longer able to effectively and efficiently "do their work" as they were left with no access to webmail and Power School, both of which are required for them on a daily basis. By using the computers supplied by NHCS, our School Health Nurses now have a direct connection to their webmail and Power School accounts! As an added note, once the desktop printers, mice, keyboards and monitors are gifted to NHCS, replacement of these units will be the responsibility of NHCS. New Hanover County Schools to benefit from gift: 1 Howe Pre -K 1 Pine Valley Elementary School 2 Johnson/ Head Start 2 nipes Elementary School 3 Anderson Elementary School 3 unset Park Elementary School 4 Alderman Elementary School 4 Ninter Park Elementary School 5 Bellamy Elementary School 5 Nrightsboro Elementary School 6 Blair Elementary School 26 Wrightsville Beach Elementary School 7 Bradley Creek Elementary School 27 DC Virgo Middle School 8 Carolina Beach Elementary School 28 Holly Shelter Middle School 9 Castle Hayne Elementary School 29 Myrtle Grove Middle School 10 Codington Elementary School 30 Murray Middle School 11 College Park Elementary School 31 Noble Middle School 12 Eaton Elementary School 32 Roland -Grise Middle School 13 Forest Hills Elementary School 33 Frask Middle School 14 Freeman Elementary School 34 Nilliston Middle School 15 Gregory Elementary School 35 shley High School 16 Holly Tree Elementary School 36 Hoggard High School 17 Mary C. Williams Elementary School 37 Laney High School 18 Murrayville Elementary School 38 New Hanover High School (Note: NHC -IT gifted printer and mouse only in this location) 19 Ogden Elementary School 39 College Road Early Childhood Center 20 Parsley Elementary School Board of Commissioners - May 2, 2016 ITEM: 2 - 2 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: May 2, 2016 CONSENT DEPARTMENT: Finance PRESENTER(S): Lisa Wurtzbacher, Finance Director CONTACT(S): Jerome Fennell, Property Management Director and Carrie Buttles, Purchasing Agent SUBJECT: Adoption of a Resolution to Dispose of Surplus Property According to Procedures Outlined in North Carolina General Statutes - Chapter 160A Article 12 1:1 N 101 ON100ILI L11 1141119 Chapter 160A Article 12 of the North Carolina General Statutes governs the sale and disposition of surplus property. Currently, the County has certain supplies, materials, equipment, and apparatus that are surplus to its operations. A complete list of these items including a description is attached as Exhibit "A." Staff proposes to dispose of this personal property according to the procedures prescribed in Chapter 160A- 270(c) which authorizes the disposal of personal property electronically using an existing private or public electronic auction service. Staff proposes to utilize the services of GovDeals, an online internet based provider servicing governmental entities. Any items not sold electronically may be disposed of by any other method authorized by the Statutes including discarding. STRATEGIC PLAN ALIGNMENT: Strong Financial Performance • Control costs and manage to the budget RECOMMENDED MOTION AND REQUESTED ACTIONS: Declare property surplus and adopt resolution authorizing the sale of the equipment electronically using GovDeals or disposal by any other method authorized by NC General Statutes including discarding. ATTACHMENTS: Resolution Exhibit A COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - May 2, 2016 ITEM: 3 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION DISPOSAL OF SURPLUS PROPERTY WHEREAS, New Hanover County owns certain personal property itemized on the attached Exhibit A that are no longer functional for governmental purposes by the County; and WHEREAS, the referenced property is determined to be obsolete, outdated, damaged, or has been replaced according to the County's replacement policy covering certain equipment; and WHEREAS, the New Hanover County Board of Commissioners is desirous of declaring this property surplus and disposing of it as authorized by North Carolina General Statute (NCGS) 160A- Article 12; and WHEREAS, it is the intent of the County to sell said surplus property by electronic public auction according to the procedures prescribed in NCGS 160A- 270(c) which authorizes the disposal of personal property electronically using an existing private or public electronic auction service; and WHEREAS, items not sold by electronic means will be disposed of using any other method authorized in the NCGS 160A- Article 12 including discarding the items. NOW, THEREFORE, BE IT RESOLVED by the New Hanover County Board of Commissioners: 1. That the equipment attached in Exhibit A be declared surplus property. 2. That the Finance Director's designated representative, pursuant to the provisions of G. S. 160A -270 (c), is hereby authorized to dispose of the personal property listed in Exhibit A. 3. All surplus property will be sold "as is ", all sales will be final. New Hanover County makes no express or implied warranties of merchantability of any surplus property, or part thereof, or its fitness for any particular purpose regardless of any oral statements that may be made concerning the surplus property or any part thereof. 4. That County staff is directed to process any required documents to complete the transaction. 5. A notice summarizing this resolution and the sale of the surplus property shall be advertised on the County's website at least ten (10) days prior to the electronic auction. ADOPTED this the 2nd day of May, 2016. NEW HANOVER COUNTY Beth Dawson, Chairman ATTEST: Teresa P. 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U CL N U L L L CL L c E E V Ln c — — 01 O U U +�+ +�+ O O O in ^ ON -le L Ul M 01 U E01 co N C C C ++ U DA DA DA Ln �, �, a a V v v v 1z 1z 01 -a L L x 0 d d d U S S S cn cn V p O O U) rl M Y r-I 0 N �n m M M 00 I� p \ (7 Y Y w C V) Ln 00 R* 00 r-I C I� 00 O r1 rl i--I N N O O O O J J J J Board of Commissioners - May 2, 2016 ITEM: 3 - 2 - 5 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: May 2, 2016 CONSENT DEPARTMENT: DSS PRESENTER(S): Michelle Winstead, Social Services Director and Wanda Marino, Social Services Assistant Director CONTACT(S): Wanda Marino SUBJECT: Adoption of Foster Care Awareness Month Proclamation BRIEF SUMMARY: May is Foster Care Awareness Month in North Carolina. The New Hanover County Department of Social Services is submitting a proclamation to recognize May as Foster Care Awareness Month in New Hanover County. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Keep the public informed on important information RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt proclamation. ATTACHMENTS: Foster Care Awareness Month Proclamation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - May 2, 2016 ITEM: 4 NEW HANOVER COUNTY BOARD OF COMMISSIONERS FOSTER CARE AWARENESS MONTH PROCLAMATION WHEREAS, in New Hanover County there are approximately 350 children of all ages in custody of the Department of Social Services and of those children, over half reside in foster homes, group homes, hospitals and with relatives; and WHEREAS, it is the goal of this community to provide these children with safe, stable and nurturing family environments; and WHEREAS, we turn more and more to the family foster homes of New Hanover County to nurture the bodies and spirits of the children in our charge while our social workers support parents in building on their strengths to provide safe, permanent homes for their children to return; and WHEREAS, foster parents frequently adopt their foster children, which results in a continual need for more foster families; and WHEREAS, May is singled out as Foster Care Awareness Month to be the one month we publicly recognize the tremendous contribution made by foster parents, numerous individuals and public and private organizations to the child welfare system and to the lives of the young somehow entangled in that system. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that May 2016 be recognized as "Foster Care Awareness Month" in New Hanover County; and BE IT FURTHER PROCLAIMED that the New Hanover County Board of Commissioners, in recognition of Foster Care Awareness Month, thanks all foster mothers and foster fathers for their commitment of time and talents to these precious children and encourages all citizens to celebrate the contributions of foster parents and child welfare professionals. The New Hanover County Board of Commissioners further encourages the community, businesses, faith -based organizations and families to participate in efforts to recruit and support foster families in New Hanover County. ADOPTED this the 2nd day of May, 2016. NEW HANOVER COUNTY Beth Dawson, Chairman ATTEST: Teresa P. Elmore, Clerk to the Board Board of Commissioners - May 2, 2016 ITEM: 4 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: May 2, 2016 REGULAR DEPARTMENT: County Manager PRESENTER(S): George Edwards, Executive Director and Kent Stephens, President, Historic Wilmington Foundation CONTACT(S): Chris Coudriet, County Manager SUBJECT: Consideration of National Preservation Month Proclamation BRIEF SUMMARY: The Historic Wilmington Foundation and the National Trust for Historic Preservation are cosponsoring National Preservation Month in May 2016. This year's theme is "This Place Matters." George Edwards and Kent Stephens will attend the meeting to receive the proclamation. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Keep the public informed on important information RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the proclamation. ATTACHMENTS: National Preservation Month Proclamation 2016 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - May 2, 2016 ITEM: 5 NEW HANOVER COUNTY BOARD OF COMMISSIONERS NATIONAL PRESERVATION MONTH PROCLAMATION WHEREAS, historic preservation is an effective tool for managing growth and sustainable development, revitalizing neighborhoods, fostering local pride and maintaining community character while enhancing livability; and WHEREAS, historic preservation is relevant for communities across the nation, both urban and rural, and for Americans of all ages, all walks of life and all ethnic backgrounds; and WHEREAS, it is important to celebrate the role of history in our lives and the contributions made by dedicated individuals in helping to preserve the tangible aspects of the heritage that have shaped us as a people; and WHEREAS, "This Place Matters" is the theme for National Preservation Month 2016, cosponsored by the Historic Wilmington Foundation and the National Trust for Historic Preservation. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that May 2016 be recognized as "National Preservation Month" in New Hanover County. The Board calls upon the people of New Hanover County to join their fellow citizens across the United States in recognizing and participating in this special observance. ADOPTED this the 2nd day of May, 2016. NEW HANOVER COUNTY Beth Dawson, Chairman ATTEST: Teresa P. Elmore, Clerk to the Board Board of Commissioners - May 2, 2016 ITEM: 5 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: May 2, 2016 REGULAR DEPARTMENT: County Manager PRESENTER(S): Marianna Stacy,The Cape Fear Elder Abuse Prevention Network CONTACT(S): Chris Coudriet, County Manager SUBJECT: Consideration of Elder Abuse Awareness Month Proclamation BRIEF SUMMARY: June 15, 2016 is World Elder Abuse Awareness Day. The Cape Fear Elder Abuse Prevention Network requests the Board of Commissioners to recognize the period of time between Mother's Day, May 8 and Father's Day, June 19, 2016 as Elder Abuse Awareness Month in New Hanover County. The proclamation will help bring awareness of this problem in our community. Members of The Cape Fear Elder Abuse Prevention Month will attend the meeting to receive the proclamation. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Keep the public informed on important information RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the proclamation. ATTACHMENTS: Letter of Request Elder Abuse 2016 Proclamation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - May 2, 2016 ITEM: 6 DBY RECEIVED HERS OF WILMINGTON ' NNC ROC Wilmington's Preformed Continuum ofLgievW Chokm April 81h, 2o16 New Hanover County Board of Commissioners C/O Susan Wynn, Executive Assistant to the County Manager 230 Government Center, Suite 1.95 Wilmington, North Carolina 28403 Dear Ms. Wynn and Commissioners: In mid -2oo6, a group of area professionals and volunteers serving the local senior population, formed The Cape Fear Elder Abuse Prevention Network. Our ultimate goal is to STOP abuse of the elderly in our area by raising awareness through community education on the forms of Elder Abuse, ways to identify it, and what can be done to help prevent it. As World Elder Abuse Awareness Day on June 15th, 2016 approaches, we continue our work to raise awareness in our area. As in past years, pocket cards, brochures and posters about elder abuse are being distributed. Our talented "Preventers" are educating by presenting vignettes that depict the forms of elder abuse, neglect and exploitation to the public, to professionals in skilled /assisted living facilities, home health care agencies, and to the local medical and law enforcement communities. In 2013, we held a community event at The New Hanover County Senior Center featuring a keynote speech by an Internationally - acclaimed Financial Elder Abuse expert. In 2014, we presented, "Modern Times Modern Crimes ", an event that educated elders on protecting themselves against Frauds & Scams. In 2015, we trained Law Enforcement and Financial Institutions, and the general public on Elder Abuse and Financial Exploitation, and held Elder Abuse Walk, Stroll & Rolls in New Hanover and surrounding counties. This year, we will present, "Modern Times, Modern Crimes 2016" and an Elder Abuse Awareness Walk at 2 Senior Living Communities, Brightmore of Wilmington on April 22nd and Carolina Bay at Autumn Hall on September 22nd. The community is invited to participate. Elder Abuse Training events and Walks are also being held in Pender, Brunswick and Columbus counties. At the 4 PM May 2nd, 2016 Commissioner's Meeting, we are requesting the New Hanover County Commissioners again adopt a resolution proclaiming the period of time between Mother's Day on May 8th and Father's Day on June 19th be declared "Elder Abuse Awareness Month" in New Hanover County ". An updated copy of our resolution is attached with this letter. I, along with other members of our network will attend the Commissioner's meeting to receive the written proclamation upon notice that it is to be adopted. We hope the work of the Cape Fear Elder Abuse Prevention Network makes a significant contribution towards the prevention of Elder Abuse in our area. Thank you again for your support over the past years. We look forward to having you partner with us again in this effort. Sincerely, Marianna B. Stacy Marianna B. Stacy Community Outreach Educator Brightmore of Wilmington mstaa(o)iiD!e.Mseniorlivin .cg om Member of the Cape Fear Elder Abuse Prevention Network (91.0) 350 -1980 (910) 512 -9948 Board of Commissioners - May 2, 2016 ITEM: 6 -1 -1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS ELDER ABUSE AWARENESS MONTH PROCLAMATION WHEREAS, elder abuse is the broad term used to identify mistreatment of elderly and disabled adults; and WHEREAS, abuse and neglect of elderly and disabled adults is one of the most under - recognized and under - reported social problems in this country; and WHEREAS, the magnitude of the problem is likely to increase for several reasons, especially with the anticipated rise in the number of elderly population; and WHEREAS, mistreatment can take many forms: physical abuse, emotional abuse, sexual abuse, neglect by a caregiver, self - neglect, exploitation, and financial exploitation; and WHEREAS, it is estimated that approximately five million people age 60+ suffer elder abuse every year; and WHEREAS, it is estimated that approximately one out of every twenty -four cases of elder abuse is reported; and WHEREAS, abuse of the elderly is preventable. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that May 8 thru June 19, 2016 be recognized as "Elder Abuse Awareness Month" in New Hanover County and that all residents and other jurisdictions are encouraged to become more aware of this problem and join in the prevention of elder abuse. ADOPTED this the 2nd day of May, 2016. NEW HANOVER COUNTY Beth Dawson, Chairman ATTEST: Teresa P. Elmore, Clerk to the Board Board of Commissioners - May 2, 2016 ITEM: 6 - 2 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: May 2, 2016 REGULAR DEPARTMENT: Strategy & Budget PRESENTER(S): Chris Coudriet, County Manager CONTACT(s): Beth Schrader, Chief Strategy and Budget Officer SUBJECT: Presentation of FY16 -17 Recommended Budget and FY17 -21 Capital Improvement Plan BRIEF SUMMARY: The County Manager will present the FY16 -17 New Hanover County Recommended Budget and FY17 -21 Capital Improvement Plan to the Board of County Commissioners. The required public hearing and presentations by a number of organizations is scheduled for June 6, 2016. The adoption of the budget is scheduled for June 20 or 27, 2016. Staff is also seeking direction about the Board's preferences for budget work sessions leading to adoption, and a date for budget adoption. STRATEGIC PLAN ALIGNMENT: Strong Financial Performance • Control costs and manage to the budget • Understand and act on citizen needs • Deliver value for taxpayer money RECOMMENDED MOTION AND REQUESTED ACTIONS: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Hear presentation and provide staff direction for budget work sessions that lead to adoption of balanced budget for FYI 6-17. COMMISSIONERS' ACTIONS: Heard presentation, agreed to one -on -one meetings with staff and scheduled a budget work session from 2 -4 pm on Thursday, May 12, 2016, prior to agenda review. Board of Commissioners - May 2, 2016 ITEM: 7 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: May 2, 2016 REGULAR DEPARTMENT: Planning PRESENTER(S): Brad Schuler, Current Planner (Planning Board Rep: Tamara Murphy) CONTACT(S): Brad Schuler, Current Planner; Ben Andrea, Current Planning & Zoning Supervisor SUBJECT: Public Hearing Rezoning Request (Z -951, 3/16) — Request by Barry Amos of College Road Development Partners LLC, Property Owner, to Rezone 8.05 Acres Located at the 2600 Block of N. College Road from B -2, Highway Business District, and R -15, Residential District, to (CUD) R -10, Conditional Use Residential District, and for a Special Use Permit in Order to Develop a High Density Development BRIEF SUMMARY: This item was continued from the April 4, 2016 meeting at the request of the petitioner. This rezoning request is for a Conditional Use District. A Conditional Use District is a zoning district that requires every use within it to obtain a Special Use Permit. Therefore, there are potentially two separate actions that need to be taken by the Board. 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. The zoning in the vicinity consists mostly of the R -15 district. Commercial zoning runs along N. College Road and is part of a commercial node located at the intersection of N. College Road and Murrayville Road. The Northchase Planned Development is located to the north of the subject property. Land uses in the area consist of a mixture of single - family residential, retail, and institutional uses. Laney High School adjoins the property directly to the north. The proposed development will generate 45 trips in the AM peak, and 55 trips in the PM peak, and therefore a Traffic Impact Analysis (TIA) was not required to be completed. A TIA was completed for a previously proposed development of this property in 2013. That proposal included a fast -food restaurant and a mixed - use building consisting of 120 dwelling units and office /retail space. The improvements required as part of that TIA have been installed, including the addition of a center turn lane along N. College Road. The site and surrounding area are classified as both Transition and Conservation according to the 2006 CAMA Land Use Plan. The purpose of the Transition classification is to provide for future intensive development on lands that have been or will be provided with necessary urban services. Residential development within the Transition classification can exceed 25 percent impervious coverage and 2.5 units per acre provided the development is compatible with existing and proposed surrounding land uses and it is served by public sewer and water systems and has direct access to a minor arterial or larger access road. The purpose of the Conservation class, on the other hand, is to provide long -term management and protection of significant, limited or irreplaceable natural resources while also protecting the rights of the property Board of Commissioners - May 2, 2016 ITEM: 8 owner. Generally, estuarine areas of environmental concern (AEC's) as defined by the State of North Carolina and adjacent lands within the 100 -year (AE) floodplain have been classified as Conservation. Staff has reviewed the preliminary site plan and feels comfortable that it meets the intent of the Conservation classification. The layout of the proposed buildings and impervious areas have been positioned to be mostly located within the Transition classification. Only a small portion of the development's parking and driveway is within the Conservation classification. Specifically, 7,348 square feet of impervious coverage is located within the Conservation classification, which equates to 4.3% of the classification. At their March 3, 2016 meeting, the Planning Board voted 5 -0 to recommend approval of the rezoning and Special Use Permit with conditions, finding that the application is: 1. Consistent with the purposes and intent of the 2006 CAMA Land Use Plan because the "Transition" classification allows for intensive development on lands that have been provided with Urban Services. The property is located on an arterial street and is in close proximity to public water and sewer services. The proposal is also consistent with the "Conservation" classification because impervious surfaces will be limited within the areas of the property classified as "Conservation ", and because no structures or septic systems will be constructed within those same "Conservation" areas. 2. Reasonable and in the public interest because it provides increased density in areas best suited for development and because it provides for alternative modes of transportation by installing a multi -use path in accordance with the Wilmington/New Hanover County Comprehensive Greenway Plan. SUP Conditions: 1. A 10' multi -use path shall be installed along N. College Road in accordance with the Wilmington/New Hanover County Comprehensive Greenway Plan. The multi -use path shall be constructed to the adjoining properties and shall include any necessary crosswalks, boardwalks, or bridges. 2. Existing vegetation must remain within the rear buffer and be supplemented as necessary to provide the 100% visual opacity requirement. At their April 4th meeting, the Board of Commissioners voted 4 -0 to grant the petitioner's request for continuance to the May 2, 2016 meeting. 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 and suggests the following motions: Rezoning: Motion to approve, as the Board of Commissioners find that this request for a zoning map amendment of 8.05 acres from B -2, Highway Business District, and R -15, Residential District, to (CUD) R -10, Conditional Use Residential District, as described is: Consistent with the purposes and intent of the 2006 CAMA Land Use Plan because the "Transition" classification allows for intensive development on lands that have been provided with Urban Services. The property is located on an arterial street and is in close proximity to public water and sewer services. The proposal is also consistent with the "Conservation" classification because impervious surfaces will be limited within the areas of the property classified as "Conservation ", and because no structures or septic systems will be constructed within those same "Conservation" areas. Board of Commissioners - May 2, 2016 ITEM: 8 2. Reasonable and in the public interest because it provides increased density in areas best suited for development and because it provides for alternative modes of transportation by installing a multi -use path in accordance with the Wilmington/New Hanover County Comprehensive Greenway Plan. Special Use Permit: 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 presented at the April 14, 2016 public hearing at the Planning Board, 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 May 2, 2016 Board of Commissioners meeting. ACTION NEEDED (Choose one): 1. Motion to recommend Approval (with or without conditions) 2. Motion to table the item in order to receive additional information or documentation (Specify). 3. Motion to recommend Denial based on specific findings in any of the 4 categories above, such as lack of consistency with adopted plans or determination that the project will pose public hazards or will not adequately meet requirements of the ordinance. Staff ' Suggested Motion for Approval: Motion to approve, as the Board of Commissioners find that this request for a Special Use Permit complies with the four required findings of fact as detailed in the staff summary, and that the following conditions be met: 1. A 10' multi -use path shall be installed along N. College Road in accordance with the Wilmington/New Hanover County Comprehensive Greenway Plan. The multi -use path shall be constructed to the adjoining properties and shall include any necessary crosswalks, boardwalks, or bridges. 2. Existing vegetation must remain within the rear buffer and be supplemented as necessary to provide the 100% visual opacity requirement. ATTACHMENTS: Z -951 Script for BOC Z -951 Petition Summary Z -951 Staff Summary BOC Z -951 Neighbor Mailout Map Z -951 Zoning Map Z -951 CAMA Map Z -951 Water Sewer Map Proposed Site Plan Cover Sheet Z -951 Site Plan Applicant Materials Cover Sheet Z -951 Application COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval as presented by staff. Board of Commissioners - May 2, 2016 ITEM: 8 COMMISSIONERS' ACTIONS: Approved the zoning 5 -0. Approved the special use permit with conditions as presented 5 -0. Board of Commissioners - May 2, 2016 ITEM: 8 SCRIPT for CONDITIONAL USE Zoning District Application (Z -951, 3/16) Request by Barry Amos of College Road Development Partners LLC, property owner, to rezone 8.05 acres located at the 2600 block of N. College Road from B -2, Highway 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 Transition and Conservation 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 A. Board discussion 5. Ask Applicant whether he /she agrees with staff findings and any condition proposed to be added to the Special Use Permit. 6. At this time, you may ask to either continue the application to a future meeting, or to proceed with this Board deciding whether to approve or deny the application. What do you wish to do? 7. 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 approve, as the Board of Commissioners find that this request for a zoning map amendment of 8.05 acres from B -2, Highway Business District, and R -15, Residential District, to (CUD) R -10, Conditional Use Residential District, as described is: Consistent with the purposes and intent of the 2006 CAMA Land Use Plan because the "Transition" classification allows for intensive development on lands that have been provided with Urban Services. The property is located on an arterial street and is in close proximity to public water and sewer services. The proposal is also consistent with the "Conservation" classification because impervious surfaces will be limited within the areas of the property classified as "Conservation ", and because no structures or septic systems will be constructed within those same "Conservation" areas. 2. Reasonable and in the public interest because it provides increased density in areas best suited for development and because it provides for alternative modes of transportation by installing a multi- use path in accordance with the Wilmington /New Hanover County Comprehensive Greenway Plan. Board of Commissioners - May 2, 2016 ITEM: 8 - 1 - 1 8. Vote on the companion Special Use Permit (second vote). Motion to approve the permit - All findings are positive. ❑ Motion to approve the permit, subject to conditions specified below: (State Conditions) ❑ Motion to deny 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 approve, as the Board of Commissioners find that this request for a Special Use Permit complies with the four required findings of fact, and that the following conditions be met: 1. A 10' multi -use path shall be installed along N. College Road in accordance with the Wilmington /New Hanover County Comprehensive Greenway Plan. The multi -use path shall be constructed to the adjoining properties and shall include any necessary crosswalks, boardwalks, or bridges. 2. Existing vegetation must remain within the rear buffer and be supplemented as necessary to provide the 100% visual opacity requirement. Board of Commissioners - May 2, 2016 ITEM: 8 - 1 - 2 Case Z -951, (3/16) Rezone from B -2, Highway Business District, and R -15, Residential District, to (CUD) R -10, Conditional Residential District Petition Summary Data Parcel Location & Acreage: 2600 block of N. College Road, 8.05 acres Petitioner /Owner: College Road Development Partners, LLC Existing Land Use: Undeveloped Zoning History: July 7, 1972 - Initially zoned R -15 and B -2 via Area 8B July 13, 1998 — First 300 feet of property rezoned to B -2 Land Classification: Tranisition and Conservation Water Type: Public Sewer Type: Public Recreation Area: Olsen Park Access: The site accesses N. College Road Fire District: New Hanover County North Watershed & Water Quality Classification: Smith Creek (C;Sw) Conservation /Historic/ Archaeological Resources: AE Flood Hazard Area Class IV Soils Soils and Septic Suitability: Seagate Fine Sand (Se) - Class II: Moderate Limitation Baymeade Fine Sand (Be) - Class II: Moderate Limitation Murville Fine Sane (Mu) - Class III: Severe Limitation Johnston soils (Jo) - Class IV: Unsuitable Schools: Castle Hayne Elementary, Eaton Elementary, Trask Middle, Laney High Z -951, 3/16 Board of Commissioners - May 2, 2016 ITEM: 8 - 2 - 1 Page 1 of 1 CONDITIONAL USE ZONING DISTRICT APPLICATION CASE: Z -951, 3/16 PETITIONER: Barry Amos, College Road Development Partners, LLC REQUEST: Rezone from B -2, Highway Business District, and R -20, Residential District, to (CUD) R- 10, Conditional Residential District ACREAGE: 8.05 acres LOCATION: 2600 Block of N. College Road PID: R03408- 001 - 002 -000 R03408- 001 - 003 -000 R03408- 001 - 004 -000 LAND CLASS: Transition and Conservation PLANNING BOARD ACTION: This application was heard at the March 3, 2016 Planning Board meeting. At the meeting, the Board discussed traffic concerns of the area, and also requested a condition be place on the development to ensure that the existing vegetation in the rear buffer will be preserved and supplemented as necessary in order to provide a visually opaque buffer. The Planning Board voted 5 -0 to recommend approval of the rezoning to the conditional use district, finding that it is: 1. Consistent with the purposes and intent of the 2006 CAMA Land Use Plan because the "Transition" classification allows for intensive development on lands that have been provided with Urban Services. The property is located on an arterial street and is in close proximity to public water and sewer services. The proposal is also consistent with the "Conservation" classification because impervious surfaces will be limited within the areas of the property classified as "Conservation ", and because no structures or septic systems will be constructed within those same "Conservation" areas. 2. Reasonable and in the public interest because it provides increased density in areas best suited for development and because it provides for alternative modes of transportation by installing a multi -use path in accordance with the Wilmington /New Hanover County Comprehensive Greenway Plan. The Planning Board also voted 5 -0 to recommend approval of the Special Use Permit with the following conditions: 1. A 10' multi -use path shall be installed along N. College Road in accordance with the Wilmington /New Hanover County Comprehensive Greenway Plan. The multi -use path shall be Z -951, (3/16) Board of Commissioners - May 2, 2016 ITEM: 8 - 3 - 1 Page 1 of 13 constructed to the adjoining properties and shall include any necessary crosswalks, boardwalks, or bridges. 2. Existing vegetation must remain within the rear buffer and be supplemented as necessary to provide the 100% visual opacity requirement. EXISTING CONDITIONS: Existing Zoning and Land Uses The proposed rezoning includes three parcels of land totaling 8.05 acres located at the 2600 block of N. College Road. The property was zoned R -20 when zoning was initially applied to this area in 1972. In 1998, the B -2 zoning was expanded along the first 300 feet of the property fronting N. College Road. The zoning in the vicinity consists mostly of the R -15 district. Commercial zoning runs along N. College Road and is part of a commercial node located at the intersection of N. College Road and Murrayville Road. The Northchase Planned Development is located to the north of the subject property. Land uses in the area consist of a mixture of single - family residential, retail, and institutional uses. Laney High School adjoins the property directly to the north. Existine Site Conditions The property proposed to be rezoned is currently undeveloped. However, some improvements have been made to it as part of previously proposed developments. The past proposals included the development of a fast -food restaurant and of a mixed -use building consisting of 120 dwelling units and office /retail space. Today, the fast -food restaurant (Taco Bell) and driveway have been constructed. Additional off - site improvements have also been installed in accordance with an approved Traffic Impact Analysis (TIA) completed for the previously proposed developments. Z -951, (3/16) Board of Commissioners - May 2, 2016 ITEM: 8 - 3 - 2 Page 2 of 13 Community Services Water and Sewer: The property is within the Urban Services Boundary, and water and sewer infrastructure 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 Castle Hayne Elementary, Eaton Elementary, Trask Middle, and Laney High schools. Z -951, (3/16) School Total Capacity w /Mobiles +/- Capacity Castle Hayne 614 535 79 Eaton 577 526 51 Trask 730 688 42 Laney 2196 1495 701 Board of Commissioners - May 2, 2016 ITEM: 8 - 3 - 3 Page 3 of 13 Conservation, Historic, and Archaeological Resources A portion of the subject property is classified as Conservation in the 2006 CAMA Land Use Plan. The Conservation classification on the property coincides with the AE floodplain. Development strategies for areas within the Conservation classification are detailed below in the Land Use Plan Considerations. PETITIONER'S REQUEST: The petitioner is seeking to rezone 8.05 acres currently zoned B -2, Highway 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 88 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 88 units on this property equates to a density of 10.9 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. Z -951, (3/16) al,\ r of • °� • r r, I � N. CallcQc Rd. / NC Fleury. 132 (2W' Pubtic WlJ) f '" f Proposed Site Plon Board of Commissioners - May 2, 2016 ITEM: 8 - 3 - 4 Page 4 of 13 Traffic The proposed development will generate 45 trips in the AM peak, and 55 trips in the PM peak. As previously mentioned, a TIA was completed for proposed development of this property in 2013. That proposal included a fast -food restaurant and a mixed -use building consisting of 120 dwelling units and office /retail space. The improvements required as part of that TIA have been installed, including the addition of a center turn lane along N. College Road. The TIA can be found online here. The TIA further stated that with the installation of the required improvements, the proposed site access will operate at a Level of Service (LOS) of E during the AM peak and a LOS of D during the PM peak. This is an improvement from LOS F, which is what the site access was experiencing when the TIA was originally completed. As the current proposal does not exceed 100 peak hour trips, and the fact that the previous required improvements have been installed, a new or updated TIA was determined to be unnecessary by county staff, the WMPO, and NCDOT. Environmental The proposed development is subject to several environmental regulations and permits. Stormwater management will be reviewed by New Hanover County Engineering and by the NC Division of Energy, Mineral and Land Resources. The development must also obtain a soil erosion and sedimentation control permit. The applicant has performed a preliminary wetland assessment of the property. Conducted by Withers & Ravenel, the assessment identifies a small portion of the property where regulated wetlands may exist, and a perennial stream. 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. The stream may be subject to additional buffering standards required by the NC Division of Water Resources. Portions of the property are within an AE Special Flood Hazard Area, which are classified as Conservation in the 2006 CAMA Land Use Plan. New Hanover County is in the process of analyzing new preliminary flood maps provided by the NC Floodplain Mapping Program. Under the preliminary flood maps, the entire property is proposed to be within a Special Flood Hazard Area. Regardless, any development must comply with applicable flood regulations. For septic suitability, the property contains Class II, Class III, and Class IV soils. Class II soils have moderate limitations, which require moderate modification and maintenance, Class III soils have severe limitations, which require extensive modification and intensive maintenance, and Class IV soils are unsuitable for septic systems. That being said, this project will be required to install public water and sewer service in accordance with the standards of the CFPUA and the County's Zoning Ordinance. Land Use Plan Considerations The site and surrounding area are classified as both Transition and Conservation according to the 2006 CAMA Land Use Plan. The purpose of the Transition classification is to provide for future intensive development on lands that have been or will be provided with necessary urban services. Residential development within the Transition classification can exceed 25 percent impervious coverage and 2.5 units per acre provided the development is compatible with existing and proposed surrounding land uses and Z -951, (3/16) Board of Commissioners - May 2, 2016 ITEM: 8 - 3 - 5 Page 5 of 13 it is served by public sewer and water systems and has direct access to a minor arterial or larger access road. The purpose of the Conservation class, on the other hand, is to provide long -term management and protection of significant, limited or irreplaceable natural resources while also protecting the rights of the property owner. Generally, estuarine areas of environmental concern (AEC's) as defined by the State of North Carolina and adjacent lands within the 100 -year (AE) floodplain have been classified as Conservation. Conservation areas should be preserved in their natural state, however exceptional developments preserving natural features which are sensitively designed to be in harmony with the site's natural functions, and provide a balance with the highest and best use of the property, may be allowed within the Conservation areas. Such projects minimize erosion, runoff and siltation; minimize impervious surface's impacts and protect estuarine resources; do not interfere with access to or use of navigable waters; do not require extraordinary public expenditures for maintenance; ensure that ground absorption sewage systems, if used, meet applicable standards; and should be aware of and not damage historic, architectural or archeological resources. As stated above, impervious surfaces shall be limited in Conservation areas. In no case shall impervious surface coverage exceed 25 %. In some cases, impervious surface coverage may be required to be as low as 15% or less, depending on the environmental constraint. Staff has reviewed the preliminary site plan and feels comfortable that it meets the intent of the Conservation classification. On the site plan, the proposed buildings and impervious areas have been positioned to be mostly located within the Transition classification. Only a small portion of the development's parking and driveway is within the Conservation classification. Specifically, 7,348 square feet of impervious coverage is located within the Conservation classification, which equates to 4.3% of the classification. Z -951, (3/16) Board of Commissioners - May 2, 2016 ITEM: 8 - 3 - 6 Page 6 of 13 Further, as the proposed development is subject to sediment and erosion control regulations, this project should minimize erosion, runoff and siltation. The proposed development will not interfere with access to or use of navigable waters, and will not have any ground absorption sewage systems. In summary, the proposal is consistent with both the Transition and Conservation land use classifications and does not conflict with any goal or policy within the Land Use Plan. 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 serve 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 first floor retail with office 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. Z -951, (3/16) Board of Commissioners - May 2, 2016 ITEM: 8 - 3 - 7 Page 7 of 13 Wilmington /NHC Comprehensive Greenway Plan The Wilmington /NHC Comprehensive Greenway Plan proposes that a greenway network be installed along N. College Road. Shown below is the proposed network for the surrounding area. The plan suggests that a greenway be installed along the west side of N. College Road, and that it continue on the east side of the road, from Northchase Parkway NE to the southern portion of Laney High School, where it would then head east to Olsen Park. The exact location of the proposed greenway does not cross the subject property, however, the TRC has recommended it be extended to do so. Due to Laney High School being located directly north of the subject property, the area is currently subject to pedestrian travel generated by the students attending the school. The extension of the greenway would allow for safe pedestrian travel of those students and for the residents of the proposed high density development. It would also give the residents of the proposed high density development access to the proposed greenway connecting to Olsen Park. Therefore, staff is recommending a condition be added to the Special Use Permit which would require in the installation of a 10' multi -use path in front of the subject property along N. College Road. The multi -use path would be located within the right -of -way and be maintained by the County. The applicant has agreed to this condition and has added the multi -use path to the site plan. Z -951, (3/16) Board of Commissioners - May 2, 2016 ITEM: 8 - 3 - 8 Page 8 of 13 -- r rr�.� Proposed Greenway pp" , I — — — — Proposed Bicycle Lanes :' t r - - - - Proposed Sharrows ' ` L......r...rwy r Proposed Bicycle & Pedestrian Gndge ` .i ♦s • 1 Proposed Goal Launch Site ! �� �� tt� • ���y.�. r . Existing Boat Launch Site J!J II /�q�p, 5g i� •,� f���` I.taO II Existing Careenway i* - to - -- Existing Paverl Shoulders ! 1 ! , Y orgP xpBRV ' Existing Blueway ; i -Ric, kqua gory QD LL v —t QP sk Party \ CA !1 2 �7�^`�� I rRfrlER O!' 1 S •� �( J t I(pRrH COUr�*t ppyEHE a ! �?» "�! r'..3TQY `ice i!. �►.r�° �',... "...,r'� ravR n e /�' ytUN 1 j Nrry Hnwx i.i � . UP cs ' ti Subject Propertx�`" — HMREI�`yt o �LE� , % �M �, - S� I Mr1ni' ; WFU "KI I r Y 11 • Wr�j{gRNE tMAIic 1 CaOC. Fea . _ Opa ret P ry`. � - I KEAR AY£_ ARC Y ^•Tp.9� Y���w�._� V �I ` -0 �y,W 3� y f� �� qE 1 v. s +�I DON RD �• sM4W �y sib' r f r t Proposed Green way Network 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 Thursday, January 28, 2016 in accordance with the requirements for such a request. Five members of the public attended the meeting, and minor changes regarding the location of the stormwater pond were made to the site plan as a result. Included in the packet is a summary of the meeting prepared by the applicant. Conditional Use Zoning Districts shall be considered for approval or denial as a two -part ordinance amendment. The proposed Conditional Use District rezoning is considered first, then the companion Special Use Permit proposal. CONDITIONAL USE ZONING DISTRICT: Staff recommends the approval of the Conditional Use Zoning District. Staff concludes that the request is consistent with the requirements of the Zoning Ordinance and also the 2006 Wilmington -New Hanover County CAMA Land Use Plan. The Transition classification allows for intensive development on lands that have been or will be provided with necessary urban services. Also, the required Special Use Permit(s) for the development of the property will ensure any impacts on the surrounding areas generated by the development can be examined and mitigated. Action Needed • Motion to approve of the rezoning request • Motion to "table" the item in order to receive more information • Motion to deny of the rezoning request Z -951, (3/16) Board of Commissioners - May 2, 2016 ITEM: 8 - 3 - 9 Page 9 of 13 Example Motion for Approval: Motion to approve, as the Board of Commissioners find that this request for a zoning map amendment of 8.05 acres from B -2, Highway 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 consistentl. 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 deny, as the Board of Commissioners find that this request for a zoning map amendment of 8.05 acres from B -2, Highway 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 consistentl. 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 approve, as the Board of Commissioners find that this request for a zoning map amendment of 8.05 acres from B -2, Highway 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 "Transition" classification allows for intensive development on lands that have been provided with Urban Services. The property is located on an arterial street and is in close proximity to public water and sewer services. The proposal is also consistent with the "Conservation" classification because impervious surfaces will be limited within the areas of the property classified as "Conservation ", and because no structures or septic systems will be constructed within those same "Conservation" areas. 2. Reasonable and in the public interest because it provides increased density in areas best suited for development and because it provides for alternative modes of transportation by installing a multi -use path in accordance with the Wilmington /New Hanover County Comprehensive Greenway Plan. Z -951, (3/16) Board of Commissioners - May 2, 2016 ITEM: 8 - 3 - 10 Page 10 of 13 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 North Fire Service District. C. Access to the site will be provided by N. College Road, an arterial street that has recently been improved to serve the development of the subject property. D. A multi -use path will be installed along N. College Road in accordance with the Wilmington /NHC Comprehensive Greenway Plan. E. The subject site does not host any known cultural or archaeological resources. Staff Suggestion: Evidence in the record of this time supports o 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 of this time supports o finding that the use meets oll 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 Transition and Conservation in the 2006 CAMA Land Use Plan. B. The surrounding land uses are predominately include a mixture of residential, commercial, and institutional uses. Z -951, (3/16) Page 11 of 13 Board of Commissioners - May 2, 2016 ITEM: 8 - 3 - 11 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 Transition and Conservation, and the proposal is not in conflict with the intent of the Transition and Conservation land use classifications, and additionally, not in conflict with any other policy of the 2006 CAMA Land Use Plan. B. Density and impervious coverage on the areas of the property classified as Conservation shall be limited in accordance with the 2006 CAMA Land Use Plan. C. The proposed development will provide for alternative forms of transportation in compliance with the 2012 Comprehensive Greenway Plan and Policy 6.9 of the 2006 CAMA Land Use Plan. Staff Suggestion: Evidence in the record at this time supports a finding that the use is general conformity with the plan of development for New Hanover County. SUMMARY Staff concludes that the applicant has demonstrated that the proposal complies with the findings of fact specified in Section 71 of the Ordinance. Staff also concludes that, with the information submitted, the applicant has demonstrated that the proposal is not in conflict with the management strategy for the Transition and Conservation land use classification, and not in conflict with any other policies of the CAMA Land Use Plan. High density developments are appropriate within the Transition land use classification, which allows for intensive development on lands with necessary urban services. Further, the proposal's limited development within the areas classified as Conservation, complies with goals of Policy 3.9 of the CAMA Land Use Plan and the purpose of the Conservation land use classification. Policy 3.9: Carefully control development activities with the 100 -year floodplain (1% annual chance floodplain) according to density and impervious surface limits to protect the public safety, reduce the risk of property damage, and provide for the long -term protection and management of these environmental significant resources. Note: A Special Use Permit is a quasi - judicial action requiring an evidentiary hearing and findings of fact. ACTION NEEDED (Choose one): 1. Motion to approve (with or without conditions) 2. Motion to table the item in order to receive additional information or documentation (Specify). Z -951, (3/16) Page 12 of 13 Board of Commissioners - May 2, 2016 ITEM: 8 -3-12 3. Motion to deny based on specific findings in any of the 4 categories above, such as lack of consistency with adopted plans or determination that the project will pose public hazards or will not adequately meet requirements of the ordinance. Staff suggests the following motion: Motion to approve, as the Board of Commissioners find that this request for a Special Use Permit complies with the four required findings of fact, and that the following conditions be met: A 10' multi -use path shall be installed along N. College Road in accordance with the Wilmington /New Hanover County Comprehensive Greenway Plan. The multi -use path shall be constructed to the adjoining properties and shall include any necessary crosswalks, boardwalks, or bridges. Existing vegetation must remain within the rear buffer and be supplemented as necessary to provide the 100% visual opacity requirement. Z -951, (3/16) Board of Commissioners - May 2, 2016 ITEM: 8 -3-13 Page 13 of 13 h N E Q _ O � O O I N s S T m � •a a V C O y O � t CL � 2 m N C 1 O o m N ca > d N L m � N W N N 2J �d A. O. ptE pR K 0 w w w w w w l7 l7 O l7 l7 l7 l7 l7 l7 1 ,0000001D< z z z z Z w z z z z z z z z z z z l7 l7 l7 l7 z > l7 l7 l7 l7 l7 l7 O w O z z z z z a z z z z z z S U 2 p2p 2 Z 2 U OJ OJ OJ OJ U OJ OJ OJ OJ OJ OJ a g g�� 2 m l0 h m N a N l00 Y m N m N� a N a a a 0 a N V1 rl N N N N O ti ti ti ti ti ti � � z O y J J J J J J O m° J J j, l7 l7 Z Q l7 l7 l7 l7 l7 l7 (D z s O z z 0 0 0 0 0 W K Z Z Z Z Z O Z O O z 0 d 0 0 0 U U U U U M U 0 0 0 0 O z 0 0 0 O U MCO,up,1 I KENNEtH E•PRI�ptE i N\ N A Board of Commissioners - May 2, 2016 ITEM: 8 - 4 - 1 o� N � n r� r� � � n O ° Q 31VAldd `i O 0 J PtE QR� v N a V 0 v LL O O h C S d V `a N V N N O G y c O At O N U z Jz I= d d ERIN H ,0 u CGEEEG N d I a o_ u N c RTI ,o m ?R t !v I =I s N I •� a l�y. 2J �d A. 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Ygo A — — --------- BMW - yelp '911-aiiii lit ehs i3l N�t e H s ,4 N (M/N -Uq'�d -09) 2BP!N BUO-1 R toll ,4 1 toil o! S.!j A to s. Ygo A p pt PV it alf I li ps Z > . , W, z 2s nA i 83 pYy — — --------- BMW - < 3 p pt PV it alf I li ps Z > . , W, z 2s nA i 83 pYy — — --------- BMW - p pt PV it alf I li ps Z > . , W, z 2s nA i 83 pYy — — --------- - p pt PV it alf I li ps Z > . , W, z 2s nA i 83 pYy APPLICANT MATERIALS Board of Commissioners - May 2, 2016 ITEM: 8 - 10 - 1 NEW HANOVER COUNTY PLANNING & INSPECTIONS Print For 230 Government Center Drive Suite 110 Wilmington, NC 28403 910 - 798 -7165 phone 910 - 798 -7053 fax Application for www.nhcgov.com CONDITIONAL USE ZONING DISTRICT Petitioner Information Property Owner(s) Subject Property If different than Petitioner Name Owner Name Address Barry Amos - Manager SAME 2608,2618 & 2624 N College Company Owner Name 2 Parcel ID(s) College Road Dev. Ptnrs., L.L.C. 324017.00.8285,5059 & 5301 Address Address Area 6626 -C Gordon Road 8.05 ac. +/- City, State, Zip City, State, Zip Existing Zoning and Use Wilmington, NC 28411 B -2 & R -15 / Vacant Phone Phone Proposed Use 910- 799 -3006 / Attn. Adam Sosne High- Density Residential Email Email Land Classification adamsosne @yahoo.com Transition & Conservation Application Case Number Date /Time received: Received by: APPLICATION OVERVIEW In order to assist petitioners through the conditional use 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, conditional use zoning districts, and Special Use Permits prior to submission, and advised to contact Planning Staff with any questions. The following sections of the Zoning Ordinance pertain specifically to zoning amendments, conditional use zoning districts, and Special Use Permits: • Section 55.3: Conditional Zoning Districts • Section 70: Objectives and Purposes of Special Use Permits • Section 71: General Requirements of Special Use Permits • Section 72: Additional Restrictions Imposed on Certain Special Uses • 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. Board of Corn "'T May 2, 2016 ITE : 8 - 11 -1 04/14 APPLICATION OVERVIEW (continued) Unless otherwise published or announced, Planning Board meetings are held on the first Thursday of each month at 6:OOPM 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. APPLICATION REQUIREMENTS In order to assist petitioners through the process for a conditional use rezoning, 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 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 High Density Residential projects, a High Density Residential application and High Density Checklist must also accompany this application. The New Hanover County Technical Review Committee (TRC) must also review a High Density Residential project prior to submitting this application. For all proposals, in addition to this application, the following supplemental information and materials are required: Required Information Applicant Staff Initial Initial Narrative of Proposed Use CAW Traffic Impact Worksheet CAW Traffic Impact Analysis if applicable N/A Copy of the New Hanover County Tax Map, which delineates the property requested CAW for rezoning. Legal description (by metes and bounds) of property requested for rezoning. CAW Copy of the subdivision map or recorded plat which delineates the property. CAW Site Plan (8 -24x36 copies for Planning Board; 8 -24x36 copies for Commissioners) CAW • Tract boundaries and total area, location of adjoining parcels and roads • 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. • Development schedule including proposed phasing. • 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. • All existing and proposed easements, reservations, required setbacks, rights -of- way, buffering and signage • The one hundred (100) year floodplain line, if applicable • Location and sizing of trees required to be protected under Section 62 of the Zoning Ordinance • 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. Board of ComrM io�EKf5 May 2, 2016 ITE0 8 - 11 - 2 04 114 • Any other information that will facilitate review of the proposed change (Ref. Article VII, as applicable) CAW A report of the required public information meeting outlined in Section 111 -2.1. CAW Authority for Appointment of Agent Form if applicable CAW Fee - For petitions involving 5 acres or less, $600. For petitions involving greater than 5 acres, $700 CAW 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? e policies for growth and development encourage safe and affordable housing to be available to every citizen. Sustainability the County depends on sensible in -fill and maximizing use of lands already accessible to urban services. A higher density of >idential development not only increases tax base, but makes better use of the existing infrastructure. 2. How would the requested zone change be consistent with the property's classification on the Land cUtassitication 'The 2006 CAMA Land Use Plan Update identifies this tract as being in a Transition Land Classification. The Transition classification is to provide for future intensive urban development on lands that have been, or will be provided with necessary urban services. The location of these areas in based upon land use planning policies requiring optimum efficiency in land utilization and public service delivery. he Conservation classification on this site is being preserved by locating all of the density, not even the 2.5 units per acre Ilowed, outside of the flood hazard limits. 3. What significant neighborhood changes have occurred to make the original zoning inappropriate, or how is The subject tract is covered by both B -2 & R -15 zoning districts. There has recently been several commercial projects developed along this stretch of N. College Rd. with the McDonalds, Dollar General & Taco Bell businesses opening. High - density residential development will generate less traffic than what would currently be allowed for highway business uses, and works towards the concept of transitioning uses and locating them near services. Although this project would not technically be part of a "mixed - use" development, locating the apartments here is consistent with mixed -use, where stores, restaurants and even the two schools are convenient without vehicular transportation needs. 4. List proposed conditions and restrictions that would mitigate the impacts of the proposed use(s). Locating all of the structures beyond the flood hazard area and leaving all of the wooded area to the northern side of the ditch promotes good environmental sensitivity. The existing wooded area along the eastern boundary with the single - family lots will be preserved & supplemented, as necessary, to provide adequate screening & buffering. The overall trip generation that this project will create is less than what the potential could be if it was developed to the maximum densities permitted in the existing zoning districts. Board of Corn r}vi�� IEUf5 May 2, 2016 ITElCA: 8 -11 -3 04/14 CRITERIA REQUIRED FOR APPROVAL OF A SPECIAL USE PERMIT (As Outlined in Section 71 of the New Hanover County Zoning Ordinance) The applicant should explain, with reference to attached plans (where applicable), how the proposed use satisfies these requirements (please use additional pages if necessary). The applicant has the burden of proof and must provide sufficient evidence in order for the required findings to be met. Planning Staff, the Planning Board, and the Board of County Commissioners reserve the right to require additional information, if needed, to assure that the proposed Special Use Permit meets the following requirements: 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." The project would be accessed from N. College Rd., a major arterial and 100' public right -of -way. It is maintained by NCDOT. NCDOT approval will be required for final permitting - using an existing driveway access. Roadway improvements determined ,by the recommendations of a previously completed Traffic Impact Analysis for more intense development have already been made. The project is in the Murrayville Fire District. Adequate circulation within the project has been reviewed by the ,Department. Water and sanitary sewer service will be provided by extension of public mains to the CFPUA system. Permitting by all State and County agencies will be required prior to onset of construction. The housing facilities will have management and maintenance services to assure quality of the project and safety of the residents. 2. The Board must find "that the use meets all required conditions and specifications" of the Zoning Ordinance. The development has direct access to N. College Rd., an existing major arterial roadway, thereby meeting the requirement of Section 69.9:(A)2. The CAMA Land Classification is both Transition and Conservation. The "transition" is intended for more intensive development. No structures are proposed within the "conservation" classification, environmental impacts are minimized and more than adequate open space is provided. Public water & sewer service will be provided. Stormwater management for both quality & quantity control is proposed. Impervious coverage is less than the maximum 50 %. 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." The project is proposed along the highway frontage which is already zoned for more intensive business uses. The adjacent existing single - family parcels will be buffered by existing vegetation & addT plantings as necessary to provide screening & use separation. Other projects have been developed in the County in the proximity of single - family neighborhoods. Conditions including adequate buffering, and upgraded building materials add to the quality of the project. These & the location of the buildings removed from direct adjacency to the single - family homes should assure that there will be no adverse impact to those ,property values. 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." The location of this project adheres to land use planning policies for optimum efficiency in land utilization and public service delivery. It is located with easy access to the interstate highway & downtown Wilmington. The policies for growth and development encourage safe and affordable housing to be available to every citizen. Approval of this property for a higher- density of residential development would be consistent with the concept of transitioning uses, and in- filling vacant parcels where existing utilities can readily be extended and urban services are available. Board of Cornr}vi� (oxpEKf5 May 2, 2016 ITElCA: 8 - 11 - 4 04/14 Section 72 of the Zoning Ordinance provides additional requirements for the following Special Use Permits. Please supplement your application with all necessary material to meet any additional requirements if your use is any of the following: • Cemetery • Convenience Food Store • Hospital or Nursing and Personal Care Facilities • Private Club or Lodge and Fraternal and Social Organizations • Sanitary Landfill • Travel Trailer Park • Family Child Care Home • Kennel • Mobile Home • Non - Residential Off - Street Parking • Commercial Marina • Septage and Sludge Disposal • Outdoor Shooting Ranges • Adult Entertainment Establishment • Indoor /Outdoor Recreation Establishments • Community Boating Facility • Residential Uses within Commercial Districts • Bed and Breakfast Inn • Electronic Gaming Operation • Farmers Market or Produce Stands in Residential Zoning Districts • Mining • High Density Development • Senior Living Options 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 to the best of my knowledge, information, and belief. ,� l 1�--- az, 031► � Signature of Petitioner and /or Property Owner Page 5 of 5 P �.l �Mo 5 - iA Board of Commissioners - May 2, 2016 ITEM: 8 - 11 - 5 Print Name 04/14 LN+Y. "Q NEW HANOVER COUNTY �f q PLANNING & INSPECTIONS � A UTHORITY FOR APPOINTMENT OF AGENT Print Form 230 Government Center Drive Suite 110 Wilmington, NC 28403 910- 798 -7165 phone 910- 798 -7053 fax www.nhcgov.com Please note that for quasi-judicial proceedings, either the land owner or an attorney must be present for the case at the public hearing. The undersigned owner does hereby appoint an authorized the agent described herein as their exclusive agent for the purpose of petitioning New Hanover County for a variance, special use permit, rezoning request, and /or an appeal of Staff decisions applicable to the property described in the attached petition. The Agent is hereby authorized to, on behalf of the property owner: 1. Submit a proper petition and the required supplemental information and materials 2. Appeal at public meetings to give representation and commitments on behalf of the property owner 3. Act on the property owner's behalf without limitations with regard to any and all things directly or indirectly connected with or arising out of any petition applicable to the New Hanover County Zoning Ordinance. Agent Information Property Owner(s) Subject Property Name Owner Name Address Cindee Wolf College Rd. Dev. Ptners., L.L.C. 2608,2618 & 2624 N College Company Owner Name 2 City, State, Zip Design Solutions Wilmington, NC Address Address Parcel 1D P.O. Box 7221 6626 -C Gordon Rd 324017.00.8285,5059 & 5301 City, State, Zip City, State, Zip Wilmington, NC 28406 Wilmington, NC 28411 Phone Phone 910- 620 -2374 910- 799 -3006 / Attn. Adam Sosne Email Email cwolf @ lobodemar.biz Application Tracking Information adamsosne@yahoo.com (Staff Oniv) Case Number Reference: Date /Time received: Received by: This document was willfully executed on the 3 day of , 20 I G Owner 1 Signature t�r\6 Owner 2 Signature Board of Commissioners - May 2, 2016 ITEM: 8 - 11 - 6 04/14 �� LIMITED LIABILITY COMPANY ANNUAL REPORT NAME OF LIMITED LIABILITY COMPANY: College Road Development Partners, LLC SECRETARY OF STATE ID NUMBER: 19RRRd1 STATE OF FORMATION: Nt" REPORT FOR THE YEAR: 2015 SECTION A: REGISTERED AGENT'S INFORMATION 1. NAME OF REGISTERED AGENT: Lubanski. Bob 2. SIGNATURE OF THE NEW REGISTERED AGENT: Filing Office Use Only E -Filed Annual Report 1288341 CA201601800140 1/18/2016 11:56 Changes SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT 3. REGISTERED OFFICE STREET ADDRESS & COUNTY 4. REGISTERED OFFICE MAILING ADDRESS 6626 -C Gordon Road 6626 -C Gordon Road Wilmington, NC 28411 -8462 New Hanover County SECTION B: PRINCIPAL OFFICE INFORMATION 1. DESCRIPTION OF NATURE OF BUSINESS: Real Estate 2. PRINCIPAL OFFICE PHONE NUMBER: 9107993006 4. PRINCIPAL OFFICE STREET ADDRESS & COUNTY 6626 Gordon Road Unit C Wilmington, NC 28411 -8462 3. PRINCIPAL OFFICE EMAIL: Privacy Redaction 5. PRINCIPAL OFFICE MAILING ADDRESS 6626 Gordon Rd Unit C Wilmington, NC 28411 -8424 Wilmington, NC 28411 -8424 SECTION C: COMPANY OFFICIALS (Enter additional Company Officials in Section E.) NAME: Barry Amos NAME: Adam Brown TITLE: Manager ADDRESS: 852 Gull Point Road TITLE: Manager ADDRESS: 813 Howe Point Dr NAME: Robert Lubanski TITLE: Manager ADDRESS: 6415 Hawksbill Dr Wilmington, NC 28405 Wilmington, NC 28405 Wilmington, NC 28409 SECTION D: CERTIFICATION OF ANNUAL REPORT. Section D must be completed in its entirety by a person /business entity. Robert Lubanski 1/18/2016 SIGNATURE DATE Form must be signed by a Company Official listed under Section C of this form. Robert Lubanski Manager Print or Type Name of Company Official Print or Type The Title of the Company Official This Annual Report has been filed electronically. MAIL TO: Secretary of State, Corporations Di aWF(:PQftQQi6arB6,T (Staid@! f#Caft�-0525 ITEM: 8 - 11 - 7 Narrative for Conditional District Rezoning of 2608, 2618 & 2624 N. College Road This area of the County, along North College Road, has become a major growth corridor. The location of the schools, NorthChase housing, commercial and industrial park development, and Olsen Park recreation facilities are just a few of the various reasons. The primary area of the tract is classified by the County as "transition." The transition classification is to provide for future intensive urban development on lands that have been, or will be provided with necessary urban services. The location of these areas in based upon land use planning policies requiring optimum efficiency in land utilization and public service delivery. Demographic studies are suggesting that aging, empty- nester, and single - person households will dominate America's future housing markets. This all adds up to the potential for important changes in housing demand that planners need to anticipate. Shifting housing preferences and tightening of financial regulations suggest that higher- density housing options appear to be outpacing the demand for detached houses. Having a mixture of uses in the same vicinity provides innovative opportunities for integrating diverse but compatible uses. Providing convenient services in proximity of housing facilities increases pedestrian activity and decreases reliance on individual vehicles. Building up instead of sprawling out with vast land coverage of a site enhances environmental quality. The proposed project is an up -scale apartment complex with 88 one- & two- & three - bedroom units, along with a recreation amenity and accessory parking and open spaces. The large area along the creek will be preserved for passive recreation. A multi -use path will be installed along the property frontage to provide safe access to the schools and their active recreation facilities, and for pedestrian & non - vehicular interconnectivity as other properties develop along the corridor. A Traffic Impact Analysis was completed back in 2012 for the Taco Bell & a denser mixed -use proposal. This project is scaled back considerably, and does not require an update of that study. However, the improvements recommended in that report have already been installed. Utilities will be connected to the public system. The buildings will have a fire sprinkler systems. Storm water management will be provided by the existing detention pond and an additional pond to the rear of the site. Existing vegetation around the tract perimeter will be left undisturbed, and supplemented with evergreen plantings to provide screening for the residential neighborhood along Long Ridge Drive. Streetyard, interior parking area and foundation plantings will add to the visual appeal of the project. The County's policies for growth and development encourage safe and affordable housing to be available to every citizen. Infill of vacant properties where services, jobs, and easy traffic circulation to other points in the County is an excellent opportunity for good economic development and increased tax base. We believe that this project meets those criteria and presents sensible density with an attractive design. Board of Commissioners - May 2, 2016 ITEM: 8 - 11 - 8 Legal Description for Conditional Use District Rezoning of 2608, 2618 & 2624 N. College Road Beginning at a point in the eastern boundary of N. College Road (NC Hwy. 132), a 200' public right -of -way; said point being located North 18 021'47" West, 370.42 feet from its intersection with the northern boundary of Long Ridge Drive, a 60' public right -of -way; and running thence with the N. College Road right -of -way, North 18 021'47" West, 602.01 feet to a point; thence North 78 022'26" East, 601.05 feet to a point; thence South 00 028'59" East, 139.50 feet to a point; thence North 67 037'59" East, 66.67 feet to a point; thence North 73 019'43" East, 33.87 feet to a point; thence North 65 010'37" East, 17.69 feet to a point; thence North 53 059'58" East, 31.06 feet to a point; thence North 61031'50" East, 20.98 feet to a point; thence South 13 004'48" West, 652.92 feet to a point; thence South 71 034'16" West, 81.62 feet to a point; thence North 18 021'47" West, 140.00 feet to a point; thence South 71034'16" West, 300.04 feet to the point and place of beginning, containing 8.04 acres, more or less. Also being defined as "Tract 2, Pond Tract & Remaining Tract," on a plat entitled "Clayton Long - Recombination & Easement Plat," recorded among the land records of the New Hanover County Registry in Map Book 59, at Page 92. 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A Traffic Impact Analysis will be required for all projects generating 100 peak hour trips or more. The scope of the TM shall be determined by concurrence of the Planning Director, the MPO coordinator and NCDOT traffic engineer. Any mitigation measures required must be included in the final site plan submitted for review. PROJECT NAME N. College Apartments PROJECT ADDRESS 2608, 2618 & 2624 N. College Rd. DEVELOPEWOWNER College Road Dev Partners, LLC EXISTING ZONING R -15 & B -2 / (CZD) R -10 Proposed !�T)/IC�C'� TT !lull A T1T A vim 88 Apartment Units NEAREST INTERSECTION Long Ridge Dr. BEFORE PROPOSED PROJECT Average Daily Traffic (Date) LEVEL OF SERVICE (LOS) C (per 2013 TIA) ITE MANUAL TRAFFIC GENERATION ESTIMATE: *ITE Manual available at Planning Department USE AND VARIABLES: ITE 8th Ed.220 - Apartment (per dwelling unit) (Example: Racquet Club; 8 courts; Saturday peaks) AM PEAK HOUR TRIPS 45 PM PEAK HOUR TRIPS 55 (Traffic generation of 100 peak hour trips will require Traffic Impact Analysis Scoping meeting with Planning Department) Cindee Wolf from ITE Manual Person Providing Estimate Signature Peak Hour estimate confirmed by Planning & Zoning on (Date) Board of Commissioners - May 2, 2016 ITEM: 8 - 11 - 11 REPORT OF COMMUNITY MEETING REQUIRED BY NEW HANOVER COUNTY ZONING ORIDINANCE FOR CONDITIONAL DISTRICT REZONINGS Location: 2608. 2618 & 2624 N. Colleae Road Proposed Zoning: Conditional Use Zoning District R -10 / High- Density Residential 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 January 15, 2016 , and emailed to all parties registered on the County's "Sunshine List" on January 16, 2016 . A copy of the written notice is also attached. The meeting was held at the following time and place: Thursday, January 28, 2016; 5:30 — 6:30 p.m.; Murravville Fire Station #17, 5901 Murravville Rd, Wilmington 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 Use Districts and of the site layout. ** Acknowledgement that there was an error in the letter, stating that a traffic signal had been installed at the intersection of Long Ridge Dr. Although there was some discussion of the warrant at the time of the McDonalds construction, there is no signal at that location. ** The primary concern was over the amount of traffic on N. College Rd., particularly in reference to left -turn movements out from the project access during morning school drop -off time. As a result of the meeting, the following changes were made to the rezoning petition: The rear pond boundary was adjusted to assure enough room for a minimum 20' buffer along the common boundary with the residential lots. Date: February 3, 2016 Applicant: Design Solutions By: Cindee Wolf Mara OT Tommissioners ay 2, ITEM: 8 - 11 - 12 Community Information Meeting Thursday N. College Apartments January 28, 2016 Name Address Email (Optional) / RA 1\-� . Cc� LtFc "E D, L v- SAa:.4 T5 ANc, 6=co,&A �A-SZtsH �4JLC� Y�4LY1eS @ v1O�0Y'1G� • CO\%� 1 ca) L'%� Board of Commissioners - May 2, 2016 ITEM: 8 - 11 - 13 TaxParcel # Name Address City State Zip Property Address (PIN) PID NHCo Board of Education 6410 Carolina Beach Rd Wilmington NC 28412 2700 N College Rd 324017.01.6369 3400 - 002 - 003 -000 Keith & Fairy Hales 144 Long Ridge Dr Wilmington NC 28405 152 Long Ridge Dr 324017.10.3593 3408 - 002 - 001 -000 Keith & Fairy Hales 144 Long Ridge Dr Wilmington NC 28405 148 Long Ridge Dr 342017.10.3463 3408 - 002 - 002 -000 Keith & Fairy Hales 144 Long Ridge Dr Wilmington NC 28405 144 Long Ridge Dr 324017.10.3342 3408 - 002 - 003 -000 Keith & Fairy Hales 144 Long Ridge Dr Wilmington NC 28405 140 Long Ridge Dr 324017.10.3223 3408 - 002 - 004 -000 William Lawrence Bass 136 Long Ridge Dr Wilmington NC 28405 136 Long Ridge Dr 324017.10.2193 3408 - 002 - 005 -000 Phillip & Patricia Raynor 132 Long Ridge Dr Wilmington NC 28405 132 Long Ridge Dr 324017.10.2074 3412 - 002 - 001 -000 Phillip & Patricia Raynor 132 Long Ridge Dr Wilmington NC 28405 128 Long Ridge Dr 314905.19.2963 3412 - 002 - 002 -000 Peggy Ann Springer 124 Long Ridge Dr Wilmington NC 28405 124 Long Ridge Dr 314905.19.2833 3412 - 002 - 003 -000 Alfonso & Rita Williams 5012 Crosswinds Dr Wilmington NC 28409 122 Long Ridge Dr 314905.19.1698 3412 - 003 - 001 -000 Alfonso & Rita Williams 5012 Crosswinds Dr Wilmington NC 28409 118 Long Ridge Dr 314905.19.1567 3412 - 003 - 002 -000 Walter & Teresa Mueller 83 N 400 Valparaiso IN 46383 114 Long Ridge Dr 314905.19.0560 3412 - 003 - 003 -000 Spiro Macris 2926 Cambridge Dr Wilmington NC 28403 2520 N College Rd 314905.09.8424 3412 - 003 - 004 -000 Johnson DG, LLC 370 E Maple Rd, Fir 4 Birmingham MI 48009 93 Long Ridge Dr 314905.09.6688 3412 - 001 - 004 -000 Johnson Venita & Douglas 105 Long Ridge Rd Wilmington NC 28405 105 Long Ridge Dr 314905.09.9759 3412 - 001 - 007 -000 Shawn & Wendy Beistel 164 Tallow Wood Dr Garner NC 27529 109 Long Ridge Dr 314905.09.9899 3412 - 001 - 008 -000 Henry Weaver 133 Long Ridge Dr Wilmington NC 28405 129 Long Ridge Dr 3149.05.19.0927 3412 - 001 - 009 -000 Henry Weaver 133 Long Ridge Dr Wilmington NC 28405 133 Long Ridge Dr 324017.10.0029 3412 - 001 - 010 -000 Dennis Marshall Trite 137 Long Ridge Dr Wilmington NC 28405 137 Long Ridge Dr 324017.10.0149 3408 - 001 - 005 -000 Wrightsboro United Methodist 3300 N Kerr Ave Wilmington NC 28405 141 Long Ridge Dr 324017.10.0279 3408 - 001 - 006 -000 Marty Rowe 145 Long Ridge Dr Wilmington NC 28405 145 Long Ridge Dr 324017.10.0399 3408 - 001 - 007 -000 Keith Hales 144 Long Ridge Dr Wilmington NC 28405 149 Long Ridge Dr 324017.10.1532 3408 - 001 - 008 -000 Bell Carolina LLC 8930 Bash St, Ste L Indianapolis IN 46256 2610 N College Rd 314905.09.6886 3412 - 001 - 002 -000 Northside Baptist Church 2501 N College Rd Wilmington NC 28405 2501 N College Rd 314905.09.4000 3400 - 001 - 013 -005 Trask Farms of New Hanover 2725 Old Wrightsboro Rd Wilmington NC 28405 N Kerr Ave 323019.70.3800 3400 - 001 - 013 -000 Wade Pope 4311 Parmele Rd Castle Hayne NC 28429 2619 N College Rd 324017.00.1038 3400 - 001 - 014 -000 All Saints Anglican Parish 2623 N College Rd Wilmington NC 28405 2623 N College Rd 323020.90.9204 3400 - 001 - 015 -000 Nicholas & Maura Strance 2605 Cranbrook Dr Wilmington NC 28405 2605 Cranbrook Dr 323020.90.6397 3408 - 004 - 018 -000 Drusilla Farrar 2601 Cranbrook Dr. Wilmington NC 28405 2601 Cranbrook Dr 323020.90.7434 3408 - 004 - 017 -000 NorthChase HOA, Inc. P.O. Box 5585 Wilmington NC 28406 Henson Dr 324017.00.0431 3408 - 004 - 001 -000 Tommy & Sarah Norris 108 Tall Oaks Dr Castle Hayne NC 28429 4300 Henson Dr 323020.90.9427 3408 - 004 - 002 -000 Tommy & Sarah Norris 108 Tall Oaks Dr Castle Hayne NC 28429 4304 Henson Dr 323020.90.8681 3408 - 004 - 003 -000 Tommy & Sarah Norris 108 Tall Oaks Dr Castle Hayne NC 28429 4308 Henson Dr 323020.90.8760 3408 - 004 - 004 -000 East Carolina Real Estate 5422 Shinwood Rd Wilmington NC 28409 4312 Henson Dr 323020.90.8737 3408 - 004 - 005 -000 Board of Commissioners - May 2, 2016 ITEM: 8 - 11 - 15 Desigv� Solutiov�s Transmittal January 15, 2016 To: Adjacent Property Owners From: Cindee Wolf Re: N. College Apartments The property owner is interested in developing an 88 -unit apartment complex on land within the proximity of your property. This proposal would require Conditional Zoning District and Special Use Permit approvals from New Hanover County. You may recall that a previous plan for 120 units, in a four -story building along with some commercial space, was proposed back in 2012. That project never proceeded. In the meantime, both the Dollar General store and Taco Bell restaurant have been constructed. Road improvements, including a traffic signal at Long Ridge Drive, have also been completed. 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 of an approved proposal can be developed. This is a much less intensive proposal. A plan of the project 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 Thursday, January 28`", at the Murrayville Fire Station #17, 5901 Murrayville Rd., 5:30 — 6:30 p.m. If you cannot attend, you are also welcome to contact me at telephone # 620 -2374, or email cwolfaa 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. P.O. 13ox 7221, WilmivLgtovL, NC 28406 * TelepkovLe: 910 -620 -2374 * Email: cwolf@lobodemar.biz Board of Commissioners - May 2, 2016 ITEM: 8 - 11 - 16 i �TT � L L � J I VI c � 6 h N N 6 N U � � r s L Z � N S � � O 47 Z �L L v c 6 0 � L 6 •� Q ja a6pi�!j buo-j L O o c � v O � �CO ay a� o c o c 5 L C O N Q W� > L NQ N O V � O NS O .� - �= u Board of Commissioners - May 2, 2016 ITEM: 8 - 11 - 17 000 � L L � J I c � 6 h N N 6 N r 0 � L 6 •� Q ja a6pi�!j buo-j L O o c � v O � �CO ay a� o c o c 5 L C O N Q W� > L NQ N O V � O NS O .� - �= u Board of Commissioners - May 2, 2016 ITEM: 8 - 11 - 17 000 I m J h N m 3 Z L L 47 U GOHOS h Z i ;1 PERENNIAL STREAM MARGINAL AREA 'i ■ U i r NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: May 2, 2016 REGULAR DEPARTMENT: Planning PRESENTER(S): Ben Andrea, Current Planning & Zoning Supervisor (Planning Board Rep: Tamara Murphy) CONTACT(S): Ben Andrea; Ken Vafier, Planning Manager; and Chris O'Keefe, Planning /Inspections Director 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 BRIEF SUMMARY: The property is classified as Aquifer Resource Protection Area and Wetland Resource Protection Area according to the 2006 CAMA Land Use Plan. 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 1 -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 '/z 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. Traffic from the project is projected up to 6 trucks per hour leaving the site during peak operation in the mornings, and an estimated 20 to 50 trucks per day during the 6am to 6pm proposed hours of operation. The estimated traffic generation does not warrant the requirement for a Traffic Impact Analysis (TIA). 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. A public hearing for this special use permit request was held at the April 14, 2016 Planning Board meeting. No one from the public spoke in support or opposition to the request. The Planning Board voted 7 -0 to recommend approval of the special use permit request with no conditions, citing the preliminary findings of fact prepared by staff based on the information provided by the petitioner and presented at the public hearing. STRATEGIC PLAN ALIGNMENT: Board of Commissioners - May 2, 2016 ITEM: 9 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: 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 presented at the April 14, 2016 public hearing at the Planning Board, 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 May 2, 2016 Board of Commissioners meeting. ACTION NEEDED (Choose one): 1. Motion to Approve (with or without conditions) 2. Motion to table the item in order to receive additional information or documentation (Specify). 3. Motion to Deny based on specific findings in any of the 4 categories above, such as lack of consistency with adopted plans or determination that the project will pose public hazards or will not adequately meet requirements of the ordinance. Staff'Suggested Motion for Approval: Motion to approve the special use permit request, finding that all four of 'the required conclusions have been met and citing the preliminary findings of fact in the staff summary. ATTACHMENTS: S -629 Script for BOC S -629 Petition Summary S -629 Staff Summary S -629 Supplemental Info Emails S -629 Neighbor Property Owners Map S -629 Zoning Map S -629 CAMA Map S -629 Water -Sewer Map Proposed Site Plan Cover Sheet S -629 Site Plan Applicant Materials Coversheet S -629 Application Package COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval as presented by staff. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - May 2, 2016 ITEM: 9 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. Board discussion b. 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. Vote on a recommendation for the special use permit. Options: a. Motion to recommend approval of the permit - All findings are positive. b. Motion to recommend approval of the permit, subject to conditions specified below: (State Conditions: c. Motion to recommend denial of the permit because the Board cannot find: 1) That the use will not materially endanger the public health or safety if located where proposed for the following (reason: ) 2) That the use meets all required condition and specifications: (reason: ) 3) That the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity: (reason: ) 4) 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: (reason: ) Staff Suggested Motion for Approval. Motion to approve the special use permit request, finding that all four of the required conclusions have been met and citing the preliminary findings of fact in the staff summary. Board of Commissioners - May 2, 2016 ITEM: 9 - 1 - 1 Case S- 629, (04/15) Special Use Permit request to operate an intensive manufacturing use (asphalt mixing plant) in an 1 -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 1 -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 5 -629, 04/15 Page 1 of 1 Board of Commissioners - May 2, 2016 ITEM: 9 - 2 - 1 SPECIAL USE PERMIT REQUEST Board of Commissioners Meeting May 2, 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 1 -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) PLANNING BOARD ACTION: A public hearing for this special use permit request was held at the April 14, 2016 Planning Board meeting. No one spoke from the public spoke in support or opposition to the request. The Planning Board voted 7 -0 to recommend approval of the special use permit request with no conditions, citing the preliminary findings of fact prepared by Staff based on the information provided by the Petitioner and presented at the public hearing. EXISTING CONDITIONS: Existine Zonine 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 1 -2, Heavy Industrial, and is located within a large 1 -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. Board of Commissioners - May 2, 2016 ITEM: 9 - 3 - 1 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 % 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 S -629 (4/16) Board of Commissioners - May 2, 2016 ITEM: 9 - 3 - 2 Page 2 of 7 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 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 1 -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 1 -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 613M 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 ". S -629 (4/16) Board of Commissioners - May 2, 2016 ITEM: 9 - 3 - 3 Page 3 of 7 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. Fn\ /irnnmPntnI 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 S -629 (4/16) Board of Commissioners - May 2, 2016 ITEM: 9 - 3 - 4 Page 4 of 7 as Employment Center on the Future Land Use Map, while the area across Holly Shelter Road is classified as Commerce Zone place type. 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 Board of Commissioners, 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 Board of Commissioners should approve the application. If that burden is not met, the Board of Commissioners should deny of the application, provided that if the Board of Commissioners 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 approve 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. S -629 (4/16) Board of Commissioners - May 2, 2016 ITEM: 9 - 3 - 5 Page 5 of 7 The Board of Commissioners 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. A motion for 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 Board of Commissioners members present is necessary to pass such a motion. A motion for 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 Board of Commissioners members present is necessary to pass such a motion. 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 presented at the April 14, 2016 public hearing at the Planning Board, 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 May 2, 2016 Board of Commissioners 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 1 -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. S -629 (4/16) Board of Commissioners - May 2, 2016 ITEM: 9 - 3 - 6 Page 6 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 of this time supports o 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 of this time supports o finding that the use is in general conformity with the plan of development for New Hanover County. ACTION NEEDED (Choose one): 1. Motion for approval (with or without conditions) 2. Motion to table the item in order to receive additional information or documentation (Specify). 3. Motion for 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. S -629 (4/16) Board of Commissioners - May 2, 2016 ITEM: 9 - 3 - 7 Page 7 of 7 Andrea, Benjamin From: CWolf <cwolf @lobodemar.biz> Sent: Tuesday, March 29, 2016 9:23 AM To: Andrea, Benjamin Cc: Vafier, Ken; O'Keefe, Chris; jimmy @southernasphalt.biz; mhuncik @cs.com; 'Johnson, Thomas H. Jr.' Subject: RE: Southern Asphalt SUP Request (Case S -629) Attachments: Supplemental Consistency Narrative.pdf Ben, Please see responses below your questions. Don't hesitate to call if we need to discuss further. Thank you. From: Andrea, Benjamin [mailto:bandrea @nhcgov.com] Sent: Wednesday, March 23, 2016 9:16 AM To: cwolf @lobodemar.biz Cc: Vafier, Ken <kvafier @nhcgov.com >; O'Keefe, Chris <COKeefe @nhcgov.com> Subject: Southern Asphalt SUP Request (Case S -629) Hi Cindee, We have had an opportunity to review the application and narrative submitted for the Special Use Permit request for Southern Asphalt (Case S- 629). Based on the information submitted to date, staff is unable to conclude that two of the four findings of fact are met. For finding 1, no information has been provided to demonstrate that the air emissions that will result from the proposed use will not result in a change to the status of attainment for New Hanover County for sulfur dioxide or other emissions such as ozone, particulates or carbon monoxide. The owners have an air - quality consultant/ expert on the team. His response is: "The proposed Southern Asphalt operations in New Hanover County will be permitted as a minor source by accepting restrictions on both hourly and annual production. The operations will use natural gas, bagfrlters for particulate control, and recycled asphalt. All of these, including the permit restrictions, will maintain air emissions to a minimum and thus not have an effect upon the attainment status for New Hanover County. in addition, best management practices, including inspections and maintenance programs, will minimize fugitive emissions of particulate and VOCs." For finding 4, no information has been provided as to how the proposal is consistent or not in conflict with the 2006 CAMA Plan land use classifications for the subject property: Aquifer Resource Protection Area and Wetlands Resource Protection Area. Additionally, based on the limited information regarding the proposal's potential impacts to air quality, we are unable to conclude that the proposal will be consistent with Policy 3.31 of the 2006 CAMA Land Use Plan. There is an analysis from our review of the CAMA Land Use Plan and the definition of 1 -2 from the Zoning Ordinance attached. Also, primary consideration should be given to the fact that this site is zoned 1 -2 and is in the area of the County that is set aside for the full range of manufacturing. Specifically, the 1 -2 "district is also established to subsequently protect nonindustrial districts situated outside the district and minimize environmental impacts caused by the uses within the district. Outdoor operations and storage are appropriate for this district provided that the district standards are met. " This is more relevant that the CAMA Land Use Plan. By zoning this area of the County 1 -2, the Commissioners determined this type of use is appropriate for this location. 1 Board of Commissioners - May 2, 2016 ITEM: 9 - 4 - 1 Secondarily, this use is not a heavy water user nor will it discharge water to the aquifer. Any stormwater will be treated per local, state and federal regulations. The binder used is extremely thick and not apt to "run" if there was any spillage. The binder is transferred from a tanker truck directly into the tanks. The entire mixing area is proposed to be paved, so there would be no possibly penetration into the soil. There is more than adequate distance from the tank area to the edge of pavement and even more to the pond facility. Clean -up, if necessary, would simply be scooping up with shovels. This is the same material in just about every parking lot in the County. Run -off is no different from the raw materials as it is from the pavement mixture. Do you have any additional information that you would like to submit or are intending to present at the public hearings that may help conclude whether these two findings can be met? Thanks, Ben Benjamin Andrea I Current planning and Zoning Supervisor Planning & Inspections - Planning & Zoning New Hanover County 230 Government Center Drive, Suite 110 Wilmington, NC 28403 (910) 798 -7571 p 1 (910) 798 -7053 f www.nhcgov.corr Total Control Panel Login To: ban dTea "Tea og v.com Remov this sender from my allow list From: cwolf @lobodemar.biz You received this message because the sender is on your allow list. Board of Commiskoners - May 2, 2016 ITEM: 9 - 4 - 2 CAMA 2006 Finding 4 From Benjamin Andrea's 3123 email: "no information has been provided as to how the proposal is consistent or not in conflict with the 2006 CAMA Plan land use classifications for the subject property: Aquifer Resource Protection Area and Wetlands Resource Protection Area." Policy 3.27 Protect groundwater aquifers by prohibiting activities if adverse impacts to the ground water aquifer will likely occur. Implementation Strategies for Policy 3.27 3.27.1 Develop guidelines for review of mining operations and other intrusive operations to determine their potential impact on groundwater resources. 3.27.2 Require BMPS to prevent adverse impacts for intrusive operations. Policy 3.28 Preserve the Castle Hayne and Pee Dee aquifers in their present unpolluted state as the primary groundwater resources for the County. Implementation Strategies for Policy 3.28 3.28.1 Conduct a study to determine best practices to ensure continued groundwater recharge in Aquifer Resource Protection Area as development occurs and implement recommended strategies. 3.28.2 Limit density to 2.5 units per acre until standards are developed for land use in the secondary recharge area of the aquifers to encourage development patterns that prevent groundwater contamination. 3.28.3 Maintain the Aquifer Resource Protection classification of this area on the Land Classification map. 3.28.4 Allow density to increase to urban densities in the Aquifer Resource Protection Areas as sewer service is provided. 3.28.5 Require on -site infiltration to the extent soils allow. 3.28.6 Retain natural sinkholes and drainageways for recharge. Part III Land Classification Resource Protection (page 63) The purpose of the Resource Protection class is to provide for the preservation and protection of important natural, historic, scenic, wildlife and recreational resources. The Resource Protection class has been developed in recognition of the fact that New Hanover County, one of the most urbanized counties in the State, still contains numerous areas of environmental or cultural sensitivity which merit protection from urban land uses. There are four subclasses within the Resource Protection land classification, based on the character of the resource targeted for protection - Watershed Resource Protection, Aquifer Resource Protection. Wetland Resource Protection, and Natural Heritage Resource Protection. The protection strategies developed for each of the subclasses is intended to be more in tune than previous plans with the specific resource being protected and not a one - size - fits -all approach. The following paragraphs summarize the nature of the resource, the threat to the resource, and the focus of protection strategies. NPRAL1:675940.1- DOC- (AGORDON) 05658$ -00001 Board of Commissioners - May 2, 2016 ITEM: 9 - 4 - 3 1. Acliriier Resource Protection - This 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 romote sustained recharge. 2. Wetland Resource Protection - This Resource Protect 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. 3- Natural Heritage Resource Protection - This subclass of Resource protection areas are predominantly in the northwest corner of the County with smaller segments scattered elsewhere. These are areas identified by the NC DENR Natural Heritage Program as generally unique habitats that warrant special attention and protection. The threat to these areas is loss of habitat or fragmentation of habitat that may be crucial to a particular natural community identified as important. The focus of strategies for this subclass is to better identify these areas and develop specific protection strategies. 4. Watershed Resource Protection - This subclass occurs along the tidal creeks and is defined as the area within lf2 mile of the 100 -year flood plain for those creeks. The impact that the resources is being protected from is pollutant laden stormwater runoff from impervious surfaces within the watershed. The protection strategy for this subclass of resource protection area focuses on minimizing new impervious surface, retrofitting protection measures to improve water quality of runoff from existing impervious surfaces and to promote low impact best management practices for development and redevelopment. Section 53.3: I -2 Heavy Industrial 53.3 -1: The I -2 zoning district is established to set aside areas of the County for a full range of manufacturing, fabrication, assembly, warehousing, and distribution uses associated with heavy industrial land uses where heavy industry can find suitable sites served by rail, waterway and highway transportation. The district is also established to subsequently protect nonindustrial districts situated outside the district and minimize environmental impacts caused by the uses within the district. Outdoor operations and storage are appropriate for this district provided that the district standards are met. Certain uses within the 1 -2 district shall require a special use permit as specified in the Table of Permitted Uses. No I -2 District shall be less than five (5) acres in area. NPRALi:675940.1- DOC- (ACORDON) 056588 -00001 Board of Commissioners - May 2, 2016 ITEM: 9 - 4 - 4 Andrea, Benjamin From: Bill McDow <Bill.MCDow @wiimingtonnc.gov> Sent: Tuesday, March 29, 2016 5:40 PM To: CWolf, Andrea, Benjamin; Schuler, Brad Cc: jimmy @southernasphalt.biz; 'Johnson, Thomas H. Jr.' Subject: RE: WMPO Comments for S -629 Conditional Zoning Follow Up Flag: Follow Up Due By: Wednesday, March 30, 2016 5:00 AM Flag Status: Flagged Great, those two improvements, ( NCDOT standard Driveway and 24' access road, were the WMPO's primary concerns. As you stated, NCDOT will cover the driveway with the Driveway permit and for the Re- Zoning we just to make sure everyone knows the site will implement improvements required by TRC and Storm Water when the site comes in for Construction. From: CWolf [mailto:cwolf @lobodemar.biz] Sent: Tuesday, March 29, 2016 5:22 PM To: Bill McDow <Bill.MCDow @wilmingtonnc.gov >;'Andrea, Benjamin' <bandrea @nhcgov.com >; bschuler @nhcgov.com Cc: jimmy @southernasphalt.biz; 'Johnson, Thomas H. Jr.' <TJohnson @nexsenpruet.com> Subject: RE: WMPO Comments for S -629 Conditional Zoning Sorry Bill. I was taking my preliminary intormation from the GIS aerial. It looked like there was more pavement, and actual turnouts. I can see now that it was just gray gravel & worn dirt. The plan is definitely for improvement of the driveway width to NCDOT standard for full truck movements in and out, and for minimum 24' (12'/12') travel lanes all of the way into the internal paved pad. From: Bill McDow [ma ilto : Bill. McDow(@wilmin_gtonnc.govl Sent: Tuesday, March 29, 2016 3:07 PM To:'Andrea, Benjamin' <bandrea @nhcgov.com>; 'bschuler@nhcgov.com' <bschulerCc?nhceov.com> Cc: iimmv @southernasphalt.biz;'Johnson, Thomas H. Jr.' <TJohnson(cDnexsenpruet.com >; CWolf <cwolf@lobodemar.biz> Subject: RE: WMPO Comments for S -629 Conditional Zoning Brad, As I stated in my comments, the current driveway appears to be too narrow for 2 way truck traffic. The first photo of the driveway, which was taken today, shows the driveway and taper. The current driveway does not have a taper on one side. It narrows from a width of 20' (approximately 5' from the edge of pavement) to 12' at the fence. The second photo shows the access road, which may not require widening. Beyond the fence the access road was 20' wide. My comments for the site are attached. As the applicant has stated, many of the comments would be required in the Construction phase, and may not be required for the Special Use Permit. Bill McDow From: CWolf [mailto:cwolf @lobodemar1 I Sent: Tuesday, March 29, 2016 9:21 AM 1 Board of Commissioners - May 2, 2016 ITEM: 9 - 4 - 5 To: 'Andrea, Benjamin' <bandrea@nhceov.com >; Bill McDow <Bill.MCDow @wilminetonnc.eov> Cc: jimmy@southernasohalt.biz; 'Johnson, Thomas H. Jr.' < Johnson @nexsenRruet.com> Subject: RE: WMPO Comments for 5 -629 Conditional Zoning Ben / Bill, The SUP process site plan checklist is somewhat general, and certainly doesn't mandate the detail that will be required ` r construction permitting & use authorization. 1 can however, respond to some of Bill's comments: We certainly understand that a driveway permit will be required from NCDOT for the new use. The existing driveway was previously used for a similar plant. I Have been told by the traffic consultant that the size & proposed truck trip generation would not necessarily warrant a turn lane or other improvements - beyond what is in place today. However, we acknowledge that this will ultimately be determined by NCDOT. * The existing driveway pavement width from the Odge of the travel lane to the R/W does appear to already be 24' wide with 30' radius turnouts. The plan shows that the developers do intend to continue the 24' width paved interior drive all of the way into the site & office - and pave an extensive area surrounding the actual equipment. That provides more than adequate area for all vehicular backing and circulation. The owner has told me that the parking shown is adequate for the necessary employees in an operation of this size. Other than the drivers of the trucks that come in to load & leave, very few employees are actually needed at the site. There is more than ample room for additional parking, if needed. We understand that its location would need to be approved by zoning compliance, and it would have to be properly striped & landscaped. All of the review comments referring to detailed design criteria will be further addressed during construction release permitting. From: Andrea, Benjamin [mailto:bandrea @nhceov.corn] Sent: Monday, March 2$, 2016 9:56 AM To: cwolf @lobodemar.biz Subject: FW: WMPO Comments for 5 -629 Conditional Zoning From: Schuler, Brad Sent: Wednesday, March 23, 2016 7:51 AM To: Andrea, Benjamin Subject: FW: WMPO Comments for 5 -629 Conditional Zoning From: Bill McDow lmailto :Bill.McDow @wilminetonnc.eov] Sent: Tuesday, March 22, 2016 6:13 PM To: Schuler, Brad Cc: Burgess, Sam; Amy Kimes Subject: RE: WMPO Comments for 5 -629 Conditional Zoning Brad, Let's try this again. My files were mixed up before. NOT Board of Commi3sioners - May 2, 2016 ITEM: 9 - 4 - 6 From: Bill Mc€3ow Sent: Tuesday, March 22, 2016 5:59 PM To:'bschuler @nhcgov.com' <bschuler @nhcgov.com> Cc: Sam Burgess <sburgess @nhcgov.com >; Amy Kimes <Amy.Kimes@wilminetonnc.gov> Subject: WMPO Comments for 5 -629 Conditional Zoning Brad, Here are my comments for the Southern Asphalt plant. I think the site needs a true commercial driveway to handle trucks, improved parking, handicap spaces and other improvements for lighting. I think the site will also need a right turn lane on Holly Shelter Rd. Bill E -mail correspondence to and from this address is subject to the forth Carolina Public Records Law and may be disclosed to third parties. E -mail correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. E -mail correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Total Control Panel To: bandrea(a;nhcgov.com Remove this sender from my allow list From: bill.mcdow @wilmingtonnc.gov You received this message because the sender is on your allow list. Board of Commissioners - May 2, 2016 ITEM: 9 - 4 - 7 r. M DATE: 03.22.2016 TO: Brad Schuier New Hanover County FROM: Bill McDow t • J Associate Transportation Planner 305 Chestnut Street Po Box 1810 Wilmington, NC 28402 Ph: (910) 341.3258 Pax:(910)341 -7801 www.wmpo.o rg SOUTHERN ASPHALT PLAN REVIEW 1. A NCDOT driveway permit will be required for this project. 2. The proposed site driveway is not wide enough to accommodate typical Truck Traffic from Asphalt Trucks and WB -50 size Ram Material deliver vehicles. 3. Increase Driveway and access road from 16' to 24 feet width. 4. Increase radius of the driveway apron to R30' per NCDOT driveway standards, and to accommodate heavy truck traffic. 5. Increase parking spaces to accommodate increased employee numbers for the site. Restripe the existing parking spaces for Handicap parking spaces. 6. Install a Van Accessible Handicap Parking Space, Handicap Sign and 96" wide Accessible aisle for the parking lot.. Please provide the dimensions for the spaces. 7. The existing parking lot does not have a backing stub for cars. 8. Show any existing or proposed handicap ramps on the site. 9. Provide a turn lane with a minimum 100' decal lane and appropriate taper for the site. 10. Please provide a detail for the proposed widening and right turn lanes on Holly Shelter Rd. 11. Provide the location for a truck turn around on the site. 12. Typical Asphalt Plants in this area provide asphalt for NCDOT and Large Highway Construction projects that require night paving. Site lighting will be required to be directional lighting that is shielded from shining up or onto adjacent properties. 13. Show the location of the Site Lighting on the site. 14. Show standard NCDOT 10'X70' sight distance triangles at intersection of the site driveway and Holly Shelter Rd. If you have any questions, please feel free to contact me at (910) 341 -7819 or at bill.mcdow@wilmingtorinc.gov. Bill McDow (910) 341 -7819 Wilmington Urban Area Metropolitan Planning Organization City of Wilmington • Town of Carolina Beach • Town of Kure Beach • Town of Wrightsville Beach County of New Hanover • TbwE*W]9116(YnTo*wilket&KMaTp2ir2ffMvassa • County of Brunswick County of Pender • Cape Fear Public Transportati &Ta1?NtMr4t4 • North Carolina Department of Transportation Andrea, Benjamin From: Bill McDow <Bill.MCDow @wilmingtonnc.gov> Sent: Tuesday, March 22, 2016 12:09 PM To: Schuler, Brad; Andrea, Benjamin Cc: Amy Kimes; Greg Laughter (John) Subject: RE: Traffic Info Brad, Here are the LOS and Capacity numbers for the Zoning Locations. I have used Greg's Traffic Counts and the 2008 NCDOT Roadway Capacity Model for the WMPO. Bill McDow CASE Road Location Volume Capacity WC LOS Silva Terra Drive /Carolina 2 Silva Terra Drive/ 29,430 29,300 1.004 F Z -952 Beach Road 4600 -4700 block of Carolina Beach Road 2100 block of Castle 17,238 14,440 1.19 F Z -953 Castle Hayne Road Hayne Road Z -954 Castle Hayne Road 2415 Castle Hayne Road 17,238 14,440 1.19 F Z -955 N. 23 d Street 2715 N. 23 d Street 12,358 Z -956/Z -957 Carolina Beach Road 5000 block of Carolina 29,430 29,300 1.004 F Beach Road 4700 block of Carolina 29,430 29,300 1.004 F Z -958 Carolina Beach Road Beach Road 5 -629 I Holly Shelter Road 1 5600 Holly Shelter Road 1 5,943 1 23,100 1 0.26 1 A Z -952 Carolina Beach Rd at Silva Terra Rd (Count Date August 2015) Z -953 2100 Block of Castle Hayne Rd. (Count Date August 2015) Z -954 2400 Block of Castle Hayne Rd. (Count Date August 2015) Z -955 2700 Block of Castle Hayne Rd. (Count Date September 2015) Z -9561 Z -957 5000 Block of Carolina Beach Rd (Count Date August 2015) Z -958 5000 Block of Carolina Beach Rd (Count Date August 2015) 5 -629 5600 Block of Holly Shelter Rd (Count Date September 2015) From: Greg Laughter (John) Sent: Monday, March 21, 2016 11:43 AM To: Bill McDow <Bill.MCDow @wilmingtonnc.gov> Cc: Amy Kimes <Amy.Kimes @wilmingtonnc.gov >; bschuler @nhcgov.com Subject: Re: Traffic Info au Board of Commissibners - May 2, 2016 ITEM: 9 - 4 - 9 Andrea, Benjamin From: Schuler, Brad Sent: Wednesday, March 16, 2016 1:18 PM To: Andrea, Benjamin Subject: FW: site plan review Follow Up Flag: Follow up Flag Status: Flagged From: Painter, Linda Sent: Wednesday, March 16, 2016 12:53 PM To: Schuler, Brad Subject: site plan review Wrightsboro Storage Expansion – I see no problems — Stone Commercial Building – What is the COD? Size of setback should be shown. What about a note that says how long COD determination is good for. Moser & Henry Office Building – Site inventory notes #3 & #7 don't seem to apply to these lots. If they do they should be shown on the site plan. Street yard factor for 0 &1 is 18. Hanover Lakes Commercial Tract – Bufferyard note refers to LIDO –we have a zoning ordinance. Buffer plantings may not be planted in wetland area. To achieve opacity requirement they may need to be planted outside the buffer area. Site plan should have note that existing vegetation should be supplemented to meet opacity requirement. -- Southern Asphalt – zoned 1 -2 but in resource protection area. Linda Painter I Zoning Compliance Official Planning & Inspections - Planning & Zoning New Hanover County 230 Government Center Drive, Suite 110 Wilmington, NC 28403 (910) 798 -7068 p 1 (910) 798 -7053 f www.nhcgov.com Brad Schuler I Current Planner Planning & Inspections - Planning & Zoning New Hanover County 230 Government Center Drive, Suite 110 Wilmington, NC 28403 (910) 798 -7444 p 1 (910) 798 -7053 f www.nhcoov.com Board of Commissioners - May 2, 2016 ITEM: 9 - 4 - 10 Andrea, Benjamin From: Schuler, Brad Sent: Thursday, March 17, 2016 8:08 AM To: Andrea, Benjamin Subject: FW: April Planning Board Applications Follow Up Flag: Follow Up Due By: Thursday, March 17, 2016 9:48 AM Flag Status: Flagged From: Candela, David Sent: Thursday, March 17, 2016 7:52 AM To: Schuler, Brad Cc: lannucci, Jim Subject: RE: April Planning Board Applications Brad, Engineering's comments for all sites are listed below: —• 5 -629: SW and Grading Permits will be required Z -952: SW permit may be needed depending on total proposed impervious. o Gravel Drives and Parking Spaces count as impervious surfaces per NHC SW Ordinance Z -953: SW and Grading Permits will be required • Z -954: Proposed Expansion seems to exceed allowable threshold (3,000 SF Impervious added to existing site) without engineered SW management system, will require SW permit �• Z -955: Proposed plan appears to be just under max. impervious that would require SW permit, SW exemption would be issued for site as proposed. • Z -956: SW and Grading Permits will be required Please let me know if you have any questions. Thanks David Candela, P.E. J Chief Project Engineer Engineering New Hanover County 230 Government Center Drive, Suite 160 Wilmington, NC 28403 (910) 798 -7072 p j (910) 798 -7051 f www.nhcoov.com From: Schuler, Brad Sent: Monday, March 14, 2016 2:52 PM To: Iannucci, Jim; Candela, David; Griswold, Raymond; Sosebee, Thomas; Stone, David; 'Bill McDow'; 'Bernice Johnson'; Kent Harrell; Schult, Hans Board of Commissioners - May 2, 2016 ITEM: 9 - 4 - 11 Andrea, Benjamin From: Schuler, Brad Sent: Wednesday, March 16, 2016 1:17 PM To: Andrea, Benjamin Subject: FW: April Planning Board Applications Follow Up Flag: Follow up Flag Status: Flagged From: Bernice Johnson [ maiito :Bernice.johnson @cfpua.org] Sent: Monday, March 14, 2016 3:16 PM To: Schuler, Brad Subject: RE: April Planning Board Applications Z -952 Property currently has CFPUA water and sewer. Z -953 Hanover Lakes project should provide water and sewer services to the commercial /office building. Z -954 CFPUA water service is available. Property will need to connect. — Z -955 CFPUA water service is available. Property will need to connect. Z -956 CFPUA water available from Carolina Beach Road. Will sewer be made available through Woodridge Pointe project? 5 -629 CFPUA water service available on Holly Shelter Road. Thanks, Bernice S. Johnson, Project Manager 235 Government Center Drive Wilmington, NC 28403 Office: 910.332.6620 Mobile: 910.508.2165 Fax: 910.332.6353 From: Schuler, Brad [mailto:bschuler @ nhcgov.comj Sent: Monday, March 14, 2016 2:50 PM To: Iannucci, Jim; Candela, David; Griswold, Raymond; Sosebee, Thomas; Stone, David; 'Bill MCDow'; Bernice Johnson; Kent Harrell; Schult, Hans Cc: Andrea, Benjamin Subject: April Planning Board Applications Board of Commissioners - May 2, 2016 ITEM: 9 -4-12 Andrea, Benjamin From: Schuler, Brad Sent: Tuesday, March 15, 2016 10:07 AM To: Andrea, Benjamin Subject: FW: April Planning Board Applications Follow Up Flag: Flag Status: Follow up Completed From: Sosebee, Thomas Sent: Tuesday, March 15, 2016 10:02 AM To: Schuler, Brad Subject: RE: April Planning Board Applications Brad, I have reviewed the site plans for It z -629 Asphalt Plant and the following is needed: WATER AND HYDRANT LAYOUT W /LINE SIZES * ** NOTIFICATION OF ANY SPECICAL REQUIREMENTS KNOX BOX ACCESS TO GATES * ** GENERAL DRAWINGS AND PLANS WITH PERMIT APPLICATION TOM SOSEBEE FIRE SERVICES Thomas Sosebee I l=ire Marshal, Deputy Fire Services New Hanover County 230 Government Center Drive, Suite 130 Wilmington, NC 28403 (910) 798 -7463 p 1 (910) 798 -7052 f www.nhcgov.com From: Schuler, braa Sent: Monday, March 14, 2016 2:50 PM To: Iannucci, Jim; Candela, David; Griswold, Raymond; Sosebee, Kent Harrell; Schult, Hans Cc. Andrea, Benjamin Subject: April Planning Board Applications All, Thomas; Stone, David; 'Bill McDow'; 'Bernice Johnson'; In addition to the two high density projects that were approved by TRC last week (Aaronfield and Woodridge), we have receive six additional rezoning /SUP applications for the April Planning Board. We would really appreciate if you all can look over the applications and provide any general comments you may have. Please provide me with the comments by end of next week, Friday March 251h. We may also contact some of you directly with specific questions. Here is a list of the applications: Board of Commissioners - May 2, 2016 ITEM: 9 -4-13 Z -952 Conditional Rezoning Application proposing to rezone 0.45 acres located at 2 Silva Terra from R -15 to (CZD) 0&1 in order to convert an existing single - family dwelling into an office building. Parking will be added behind the existing structure. Z -953 Conditional Rezoning Application proposing to rezone 2.2 acres located at the 2100 block of Castle Hayne Road from R -15 to (CZD) 0&1 in order to develop a commercial /office building. The property is located within the parent parcel that contains the Hanover fakes development. Z -954 Conditional Rezoning Application proposing to rezone 0.58 acres located at the 2415 Castle Hayne Road from R -15 to (CZD) B -2 in order to develop a mini - warehouse building. The parking will be located on the adjoining property to the south, which is owned by the same company. Not sure how stormwater will be handled, as the site plan shows no new stormwater pond. Z -955 Conditional Rezoning Application proposing to rezone 1.95 acres located at the 2715 N. 23rd Street from R -15 to (CZD) B -1 in order to develop a commercial building. Again, not sure how stormwater will be handled based on the site plan. The area is experiencing drainage issues per the residents, and there is also a beaver who has moved into the neighborhood. Z -956 Conditional Rezoning Application proposing to rezone 2.77 acres located at the 5p00 block of Carolina Beach Road from R -15 to (CZD) 0&1 in order to develop a two office buildings. The property is located directly in front of the proposed Woodridge Pointe high density development, and both projects will be accessed from the same driveway. 5 -629 Special Use Permit Application proposing to develop an asphalt plant on 10.01 acres located at 5600 Holly Shelter Road. Due to the size of the documents, only some of the applications and site plans are attached to this email. The others will follow shortly after. Thanks. Brad Schuler Brad Schuler I Current Planner Planning & Inspections - Planning & Zoning I New Hanover County 230 Government Center Drive, Suite 110 Wilmington, NC 28403 (910) 798 -7444 p 1 (910) 798 -7053 f www.nhcoov.com Board of Commissioners - May 2, 2016 ITEM: 9 -4-14 d y C � a N N �dy c_ AMRpCK W pIP M7 S7 h C \ \ \ E- AV?CEMENVR h y ui c o E V c a d 'V 1 d O N N a rL - � s m y o .y L O � m D. � W W J J d y C � a N N �dy c_ AMRpCK W pIP M7 S7 h C \ \ \ £i1 d h y o E d 'V 1 d rL N L L W W J J y d W J y d d S W J 'a N V p � T Q = d O N � J J J J J 10 y J J II O U a CL J 0 J 0 J 0 A `a L J 0 N o y -CT.yq I L N Z u M CD CD 0 £i1 rn V n c') p 04 ;D a N c0 N MCGREGOR -RD 0 h d W J N Y Board of Commissioners - May 2, 2016 ITEM :9 -5 -1 .J v W� O Y L W W J J W J W J W J W J W J W J W J W J V p J J J J J J J J J J O U J J 0 0 J 0 J 0 J 0 J 0 J 0 J 0 J 0 J 0 h S M CD CD 0 orio n1i W CD M o r, MM CD 3 in in in in in zT n in in in o ri N M I in ,o r, oo m a W F rn V n c') p 04 ;D a N c0 N MCGREGOR -RD 0 h d W J N Y Board of Commissioners - May 2, 2016 ITEM :9 -5 -1 .J v W� O Y Board of Commissioners - May 2, 2016 ITEM :9 -6 -1 j I �z \ �_ a o. j A� pRNATE o c0 o o 0 - e Q Uo z a 3 3 2 u a m L W � d V 4) O L CL m V EAVCEMENT'RD C w 4) r N N O m y o .y O d d � d N C � a N N /dp c WSHAMRpCK'RD D►AMOND, a N N a d m o £ pIQ �QROSPERITY'LN --- . C CIL CL i d- Q y U N 0 4kz) I �n7# `Q s D. w L N L QD d \ W (D H °o N a• Y = a O L m O _ 0 � I a 2 i U PR�POOS.gIV `QD vJ - I -IV7'Hok�H i V a Board of Commissioners - May 2, 2016 ITEM: 9 - 7 - 1 Board of Commissioners - May 2, 2016 ITEM :9 -8 -1 PROPOSED SITE PLAN Board of Commissioners - May 2, 2016 ITEM: 9 - 9 - 1 n/f n/f Zoning: 1 -2 / Martin Marietta Martin Marietta Land U58` lndwtrial N ` Aggregates Materials, Inc. �t D.B. 767 -251 D.B. 1339 -1087 �2-0 / Zoning: 1 -2 r Lmd se: � U e- IMustrial �� -" �, `�(+ � O �\ wt E \,\00 (\00 O Site- Fisher 5 x Holding, LLG 6' D.B. 5007 -1831 S zming: 1 -2 WV1, L Use: I I Vicinity Map md F Indastrial 4' Mo n/f GTE bilnet (No Scale) of Wilm II, Inc D.B. 2174 -755 Zoning: 1 -2 Lmd Use: Ca11 T— n/f Southern 9 Eclpipment Co., Inc. D.B. 4548 -174 Zming: 1 -2 Lmd Use: N83 °00'0011E 403.23 t Indwtriol / I S I Paved Asphalt Mixing •'�:,•..`•:.'.'; n/f Elements S Operation Area •'.'Gravelled.`•' ;: C hromium -Ihro tion .'•Storage;.', D.B. 3605 -516 .'•Area .',,'.'; N Zming: -2 Land Ux: oil O Vacant o tm s N I O_ J n/f Q. Carolina N I Power 4 Light D.B. 4491 -993 91 Z-ing: 1 -2 ty m t Lmd Use: Utility II E I Ex. Offices 4 Parking 1 5 General Notes: I. New Hanover County Parcel: PIN 324214.42.6854 CPID 1200- 002 -001 -0011 2. Total Tract Area: 10.01 ac.t B. Zoning District: 1 -2 (Industrial) 4. CANA Land Classification: Agpifer Resource Protection Graphic Scale 100 75 50 1 50 100 200 7221 O Wilw:iwgt- NC 2s4o6 Tel. 430- G20 -23?4 Special Use Site Plan Deslgvt Solutions Ex. Pond to be redesigned for Stormwater Mgmt. n/f New Hanover Co. Zming: 1 -2 Law Enforcement Lmd Use: D.B. 1512 -270 Shooting Rmge Property Address: 5600 Holly Shelter Road Southern Asphalt Cape Fear Township / New Hanover County / North Carolina 03/09/1 F APPLICANT MATERIALS Board of Commissioners - May 2, 2016 ITEM: 9 - 11 - 1 NEW HANOVER COUNTY PLANNING & INSPECTIONS DEPARTMENT SPECIAL USE PERMIT APPLICATION # 230 Government Center Drive Suite 110 Wilmington, NC 28403 910- 798 -7165 phone 910- 798 -7053 fax www.nhcgov.com Petitioner Information Property Owner(s) Subject Property If different than Petitioner Name Owner Name Address Cindee Wolf FSS Properties, L.L.C. 5600 Holly Shelter Road Company Owner Name 2 Parcel ID Design Solutions 324214.42.6854 Address Address Area P.O. Box 7221 P.O. Box 474 10.01 ac. +/- City, State, Zip City, State, Zip Existing Zoning and Use Wilmington, NC 28406 Rocky Point, NC 28425 I -2 / Vacant Phone Phone Proposed Use 910 - 620 -2374 910 - 794 -7280 / Jimmy Sanderford Asphalt Mixing Facility Email Email Land Classification cwolf @lobodemar.biz jimmy @southernasphalt.biz Wetland Resource Protect SUBMISSION REQUIREMENTS PLEASE READ SECTIONS 70 and 71 of the Zoning Ordinance prior to submission. For high density residential projects, please also refer to the High Density application and also note the proposal must be reviewed by the Technical Review Committee prior to submission for consideration by the Planning Board. Applications MUST be reviewed by Planning & Zoning staff for completeness prior to acceptance. When Special Use Permits are required for uses more or less accessory to a residential use (i.e., in -home child daycare) or for single -wide mobile homes as required, a fee of $150.00 is required. All other Special Use Permits require a fee of $400.00. This fee, payable to New Hanover County, MUST accompany this petition. 1. No application will be accepted unless accompanied by a plan of the proposed use and lot drawn to scale to be used as evidence in support of the required findings of fact (outlined on page 2 of this application). If submitting plans larger than 11x17, please provide ten (10) copies for the Planning Board meeting. You will be asked for an additional thirteen (13) copies of your site plan if your proposal moves forward to the County Commissioners. Also, please include one (1) reduced copy of the site plan. Digital submission may be substituted when accurate scaling can be assured. The following supplemental information is required: 1 One copy of current tax map 2 Narrative of proposed use 3 Adjacent property owners and uses 4 Traffic Impact Analysis (if applicable) 5 Site Plan (Ref. Site Plan Checklist) and signed site plan checklist 6 Authority for appointment of agent form (The owner or an attorney must handle the case) 7 Applicant answers to the questions on the application Note: Applicants should refer to Article 6 & 7 of the Zoning Ordinance for additional requirements for specific uses. The Planning & Zoning, Planning Board, and/or Board of County Commissioners reserve the right to require additional information if needed to assure that the use in its proposed location will be harmonious with the area and in accordance with the Zoning Ordinance of the County of New Hanover. Page 1 of 4 SUP (4/10) Board of Commissioners - May 2, 2016 ITEM: 9 - 12 - 1 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." The project is located on Holly Shelter Road, a State collector with more that adequate capacity to handle the truck traffic proposed, and in an excellent location for accessibility to the markets it will serve. The amount of trip generation is low, and spread out through the day. Regardless, a driveway permit will be required from NCDOT that will review the intersection and assure safe traffic movements. Construction and operations permitting must be approved by a variety of agencies prior to the onset of improvements and the beginning of use. These include, but are not limited to, erosion control, stormwater management, and air quality permits. General Requirement #2 The Board must find "that the use meets all required conditions and specifications" of the Zoning Ordinance ". The site plan has been created in accordance with all of the requirements and regulations of the Zoning Ordinance and will go through more detailed review and approval during the zoning compliance permitting. Setbacks, parking needs and landscaping for aesthetics have been considered. There are no supplemental requirements for the proposed use, other than the special use permit findings. Page 2 of 4 SUP (4/10) Board of Commissioners - May 2, 2016 ITEM: 9 -12-2 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." The surrounding property uses are industrial in nature, and there is a similar mixing facility for concrete just down the road. The existing quarry activities and /or law enforcement shooting range have the potential for more noise than the proposed use. There has been no evidence of diminished property values in the past years due to those uses. A minimum of 50' open space has been maintained around the perimeter of the tract that would be clear of pavement, materials storage or any other use. 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." The I -2 / Heavy Industrial district is established for the full -range of uses associated with highway transportation and /or the need for separation from residential uses. The closest residential district is over 2000' beyond the perimeter of the subject tract. Policies for growth and economic development encourage continued efforts to attract and retain businesses. The expected large influx of residences in the future years continues to drive home building and services provision development needs. The improvements that will be required include public & private streets, parking areas and other asphalt surfaces. The I -2 district was assigned to this vicinity of the County because of pre- existing industry in this location, the large open acreage and the lack of residential uses. Page 3 of 4 SUP (4/10) Board of Commissioners - May 2, 2016 ITEM: 9 -12-3 SITE PLAN CHECKLIST Check each item to confirm that is included. Application will not be deemed complete without addressing each item. ❑I Tract boundaries and total area, plus location of adjoining land parcels and roadways. Existing zoning of the tract and neighboring parcels and proposed tract zoning. Proposed use of land, structures and other improvements. For residential uses, this shall include number, height and type of units and site plan outlining area to be occupied by each structure and /or subdivided lot 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. NSA W] Development schedule including proposed phasing. 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. W] All existing and proposed easements, reservations, required setbacks, rights -of -way, buffering and signage. N J P% W] The one hundred (100) year floodplain line, if applicable 17 Location and sizing of trees required to be protected under Section 67 of the Zoning Ordinance. Any additional conditions and requirements, which represent greater restrictions on development and use of the tract than the corresponding General Use District regulations, which are the minimum requirements for Special Use Permit, or other limitations on land which may be regulated by State law or Local Ordinance. W1Any other information that will facilitate review of the proposed change (See Article VII). The Zoning Ordinance in some instances also imposes additional specific requirements on the use requested by the applicant. The applicant should be prepared to demonstrate that the proposed use would comply with each specific requirement found in Section 72, additional restrictions imposed on certain special uses (as applicable). He /She should also demonstrate that the land would be used in a manner consistent with the plans and policies of New Hanover County. The Board of Commissioners may impose additional conditions and restrictions that they deem appropriate prior to the issuing of the Special Use Permit. I certify that this application is complete and that all of the information presented in this application is accurate to the best of my knowledge, information, and belief. CC \� 031 Cynthia Wolf / Design Solutions Signature o Petitioner and /or Pr6Aerty Owner Print Name Page 4 of 4 SUP (4/10) Board of Commissioners - May 2, 2016 ITEM: 9 -12-4 NEW HANOVER COUNTY PLANNING & INSPECTIONS AUTHORITY FOR APPOINTMENT OF AGENT Print For 230 Government Center Drive Suite 110 Wilmington, NC 28403 910 - 798 -7165 phone 910 - 798 -7053 fax www.nhcgov.com Please note that for quasi-judicial proceedings, either the land owner or an attorney must be present for the case at the public hearing. The undersigned owner does hereby appoint an authorized the agent described herein as their exclusive agent for the purpose of petitioning New Hanover County for a variance, special use permit, rezoning request, and /or an appeal of Staff decisions applicable to the property described in the attached petition. The Agent is hereby authorized to, on behalf of the property owner: 1. Submit a proper petition and the required supplemental information and materials 2. Appeal at public meetings to give representation and commitments on behalf of the property owner 3. Act on the property owner's behalf without limitations with regard to any and all things directly or indirectly connected with or arising out of any petition applicable to the New Hanover County Zoning Ordinance. Agent Information Property Owner(s) Subject Property Name Owner Name Address Cindee Wolf FSS Properties, L.L.C. 5600 Holly Shelter Rd Company Owner Name 2 City, State, Zip Design Solutions Castle Hayne, NC 28429 Address Address Parcel ID P.O. Box 7221 PO Box 474 324214.42.6854 City, State, Zip City, State, Zip Wilmington, NC 28406 Rocky Point, NC 28425 Phone Phone 910- 620 -2374 910- 794 -7280 / Jimmy Sanderford Email Email cwolf @lobodemar.biz jimmy @southernasphalt.biz Case Number Reference: Date/Time received: Received by: This document was willfully executed on the ��a day of 20 1 LO Board of Commissioners - May 2, 2016 04/14 ITEM: 9 -12-5 . IL r7. do, APO P� 4 r , JP 11 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 1 -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. Board of Commissioners - May 2, 2016 ITEM: 9 -12-7 Traffic Impact Worksheet Prior to submission of nonresidential site plan, this worksheet must be prepared. A Traffic Impact Analysis will be required for all projects generating 100 peak hour trips or more. The scope of the TIA shall be determined by concurrence of the Planning Director, the MPO coordinator and NCDOT traffic engineer. Any mitigation measures required must be included in the final site plan submitted for review. PROJECT NAME Southern Asphalt PROJECT ADDRESS 5600 Holly Shelter Road DEVELOPER/OWNER FSS Properties, L.L.C. EXISTING ZONING I -2 / Heavy Industrial Gr9SS ]C`L, Asphalt Mixing Facility NEAREST INTERSECTION Diamond Shamrock Road BEFORE PROPOSED PROJECT Average Daily Traffic (Date) LEVEL OF SERVICE (LOS) ITE MANUAL TRAFFIC GENERATION ESTIMATE: *ITE Manual available at Planning Department USE AND VARIABLES: ITE 120 /General Heavy Ind. (Calc'd by Acreage) (Example: Racquet Club; 8 courts; Saturday peaks) AM PEAK HOUR TRIPS 20 PM PEAK HOUR TRIPS 22 (Traffic generation of 100 peak hour trips will require Traffic Impact Analysis Scoping meeting with Planning Department) C Wolf from ITE Spreadsheet Person Providing Estimate 0-' 0I Ito Signature Peak Hour estimate confirmed by Planning & Zoning on I: (Date) Board of Commissioners - May 2, 2016 ITEM: 9 -12-8 REPORT OF COMMUNITY MEETING FOR SPECIAL USE PERMIT Location: 5600 Holly Shelter Road Proposed Use: Asphalt Mixing Facility (Intensive Manufacturing in an 1 -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 Mara OT Tommissioners ay 2, ITEM: 9 -12-9 Community Information Meeting Southern Asphalt Thursday, February 25th Name Address Email (Optional) GC W I'L!1 , 1(.e�la�%�. ��`i�k. -� L- ����h�,rll� ��. !� {�ti.,�isl(�� � �'Ni►.1��t� y�' S 1�1N bt1 -5�r jvlia /NR>cV4 ,&) (o 6, h�o -:x x a�q /� �,Me. en�o ® Ma.1. c�,M MW 5 (Z L F% S,(--y S � W J,, L (Ce ✓-, V,,, 11- 1,eD- /'tva'I' Board of Commissioners - May 2, 2016 ITEM: 9 - 12 - 10 Community Information Meeting Southern Asphalt Thursday, February 25th Name Address Email (Optional) C.� e g1VIc, j RG� `4SllC�T4 n k�� 2-�, L i i Z all �i 2,5� �j r k,. her v� l P ZGGeA-b fie- S CD �D S �`GP.� -- 6M411-. CON C1 l 4W Board of Commissioners - May 2, 2016 ITEM: 9 - 12 - 11 Adjacent Property Owners' List - Southern Asphalt 15600 Holly Shelter Road Name Address city State Zip TaxParcelID Harry S Shaw PO Box 1108 Clinton NC 28329 324214.34.2393 Martin Marietta Aggregates PO Box 8040 Fort Wayne IN 46898 324213.13.7934 Martin Marietta Materials PO Box 8040 Fort Wayne IN 46898 324202.66.8836 Fisher Holdings, LLC etal 1608 Market St Wilmington NC 28401 324214.43.6312 GTE Mobilnet of Wilm II, Inc PO Box 31369 Chicago IL 60631 324214.43.8165 Southern Equipment Co 3610 Bush St Raleigh NC 27609 324204.53.0398 Carolina Power & Light Co PO Box 1551 Raleigh NC 27602 324204.52.4703 NHCo Law Enforcement 20 N 4th St Wilmington NC 28401 324218.42.7011 Elements Chromium Acquistion 3800 Buddy Lawrence Dr Corpus Christi TX 78407 324218.31.6279 Board of Commissioners - May 2, 2016 ITEM: 9 - 12 - 12 Desigv� Solutiov�s 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 25`", 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. P.O. 13ox 7221, WilmivLgtovL, NC 28406 * TelepkovLe: 910 -620 -2374 * Email: cwolf@lobodemar.biz Board of Commissioners - May 2, 2016 ITEM: 9 - 12 - 13 n/f Nf Zoning: I -2 Martin Marietta Martin Marietta Lmd use: j lndwtr•ial N Aggregates Materials, Inc. D.B. 767 -251 D.B. 1339 -1087 /'�e'� /'� Zoning: 1 -2 Land Use: �� • lndaetnml 5� b�to / W1 E \A0W C \00\ / g Site- N ps 1 } Fisher Holding, , LLC g 6O D.B. 5007 -1831 I zoning: 1 -2 ��i Land use: Vicinity Map •m 1nd�strial 4' GTE Mobilnet (No Scale) of Wilm 11, Inc D.B. 2174 -755 Zoning 1 -2 Utz Land Use: n/F Cn11 Tower Southern 9 Equipment Co., Inc. D.B. 4548 -174 zoning: 1 -2 Lmd Use: N83 °00'00'E gp3.23� lndustrial t / I S I Paved Plant n/f Operation Elements Area .. , '.`Gravelled',`,•`..';`, Chromium Material_:; .','; : ,• AcgyistionStorage.''; ArPA `' `'''♦ ` D.B. 3605 -516' S N Zoning: 1 -2 an Ld Use: O_ Vacant O _ � S I O_ J n/f � Carolina N I Power 4 Light 11.13, 4491 -993 J Zoning: 1 -2 = Land Use: Utility W E I Ex. Offices 4 Parking S S Ex. Pond to be Generol Notes: redesigned for Stormwater I. New Hanover County Parcel: Mgmt. I PIN 324214.42.6854 EPID 1200- 002 - 001 -0017 AN/7o- 2. Total Tract Area: 10.01 ac.t by 3. Zoning District: 1 -2 (Industrial) I 597_,7, 4. CAMA Laid Classification: Aquifer Resource Protection / Graphic Scale n/ f New Hanover Co. Low Enforcement zan�ng: 1-2 Land Use: 100 -- 50 25 0 50 100 200 / D.B. 1512 -278 Shooting Range v.o.3 -7 21 Property Address: 5600 Holly Shelter Road Wif i-t— NC 28406 Tef. 910- 620 -23]4 O y� /� Special Use Southern Asphalt Site Plan De51 14 Solutio�ts Cape Feat To, -,hip / New Hanover County / North Carolina NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: May 2, 2016 REGULAR DEPARTMENT: Planning PRESENTER(S): Brad Schuler, Current Planner (Planning Board Rep: Tamara Murphy) CONTACT(S): Brad Schuler; Ben Andrea, Current Planning & Zoning Supervisor; Chris O'Keefe, Planning & Inspections Director 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 &l, Conditional Office and Institutional District, in Order to Develop Two Office Buildings Totaling 10,000 Square Feet BRIEF SUMMARY: The property is classified as Urban according to the 2006 CAMA Land Use Plan. 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) & (CUD) 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. The application is proposing that the buildings be used for single - tenant offices. If in the future other uses are proposed for the buildings, staff will determine if the modification is major or minor. Major modifications must be submitted as a new rezoning application and taken through the entire rezoning process. Minor modifications are review and approved by staff. 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. 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. This application was heard at the April 14, 2016 Planning Board meeting. At the meeting, the Board received comments from one individual regarding the changes made to the site plan since the community meeting, and the Board discussed the site design of the proposed development. The Planning Board voted 7 -0 to recommend approval of the rezoning with conditions, finding that the application is: Board of Commissioners - May 2, 2016 ITEM: 10 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. 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 approve, as the Board of Commissioners find 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 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 BOC Z -956 Petition Summary Board of Commissioners - May 2, 2016 ITEM: 10 Z -956 Staff SummaryBOC Z -956 Neighbor Mailout 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 Sheet Z -956 Application COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval as presented by staff to include the proposed conditions. COMMISSIONERS' ACTIONS: Approved 5 -0 with conditions recommended by staff and language suggested by staff regarding building fagade. Board of Commissioners - May 2, 2016 ITEM: 10 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) 081, 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 rebutta I. 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 A. 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 approve or deny 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 approve, as the Board of Commissioners find 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 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. Board of Commissioners - May 2, 2016 ITEM: 10-1 -1 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. Board of Commissioners - May 2, 2016 ITEM: 10- 1 - 2 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 Beach 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 Z -956, 4/16 Page 1 of 1 Board of Commissioners - May 2, 2016 ITEM: 10- 2 - 1 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 PLANNING BOARD ACTION: This application was heard at the April 14, 2016 Planning Board meeting. At the meeting, the Planning Board discussed the site design of the proposed development. The Board voted 7 -0 to recommend approval of the rezoning with conditions, finding that the application 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. Z -956, (4/16) Board of Commissioners - May 2, 2016 ITEM: 10- 3 - 1 Pagel of 8 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. 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. Z -956, (4/16) Board of Commissioners - May 2, 2016 ITEM: 10- 3 - 2 Page 2 of 8 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. 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. Z -956, (4/16) Board of Commissioners - May 2, 2016 ITEM: 10- 3 - 3 Page 3 of 8 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. B' High Rivay FciL AL.ng 8oundmy LMe pv Agrmmmt zoo e�rrcyue Cav O[Ixn) ti 50' Private Access 8 Utility Esmt. I T �► Lot 1 86 ,c.± 1.47 oc.t $ el -a Ati -star i - I � 3200 e.f. F I � GFA I office Bldg 111 I I I i u - ) 6800 oo f f- GFA , i . �.:.: � m Olflee Bldg Perd u r�e ear wig � m I I - - -- a Me1a� A Re ty Ouner�' M�vcletlm will M crmletl ra mm malnhame�m F ilinB wve l ebmweler mmepm.mnR ------------ v rf a M.as�' s�M vt kvN 5 50'25'ffv' W 391.25' W El"ghby lark Conceptual Site Plon 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 Z -956, (4/16) Board of Commissioners - May 2, 2016 ITEM: 10- 3 - 4 Page 4 of 8 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. Environmental Proposed NCDOT Safety Project y. ^, r 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 Z -956, (4/16) Board of Commissioners - May 2, 2016 ITEM: 10- 3 - 5 Page 5 of 8 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 attractorfor 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. Z -956, (4/16) Board of Commissioners - May 2, 2016 ITEM: 10- 3 - 6 Page 6 of 8 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 approve the petitioner's application [with or without agreed upon conditions] • Motion to "table" the application in order to receive more information • Motion to deny the petitioner's application based on specific reasons Example Motion for Approval: Motion to approve, as the Board of Commissioners find 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: Z -956, (4/16) Board of Commissioners - May 2, 2016 ITEM: 10- 3 - 7 Page 7 of 8 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 consistentl. 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. 1. Conditions: [List any agreed upon conditions] Example Motion for Denial: Motion to deny, as the Board of Commissioners find 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 consistentl. 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 approve, as the Board of Commissioners find 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 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: 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. 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. Z -956, (4/16) Board of Commissioners - May 2, 2016 ITEM: 10- 3 - 8 Page 8 of 8 10 N N W � \8 d N C � 0 `0 0 v a 3W_1111S N s 14 N O d N U O d I a � d •C W N N V ce W N W � 2 W 2 •N d x W O N r V� V Z o O N C N Z cc m � � c O a U N L ix N O S N V Y 'a m m GpQ o •- in v°i ° Q� a U N +� m � � I 'O PQO a Ol A N 7� a Z u 7 777N7 iY\ h i J 0 H GG� oG oG�GG��GGGGG �GGG v 3 w l7 Z Z Z Z Z Z Z l7 l7 z z l7 l7 0 0 '0 l7 V 0�00000000000 LL h S r r m z r E.55.E- �Q R 2 0 ,� / 0 0 0 m I/ AA m Q z W m n m IN `, \ Board of Commissioners - May 2, 2016 ITEM: 10-4-1 � m 6' �d a i e� t N V 0 Q� 4� 0 7A� - v N O O Q Q zc _ V �44 V -- ale'niad m W 6 7 Z J H aa.MOava M w_nils 0 W NN Wco ol f9 Z O O N d N O V �� eke 3 > 0 �. N W in m _ N Gp �•� `-' pp �O _ G � P o c U N GP�o 9�6� LA Q ti '0 N � U N Board of Commissioners - May 2, 2016 ITEM: 10-5-1 Board of Commissioners - May 2, 2016 ITEM: 10-6-1 .T d — 6'S'J r 0 71� R15�,E 57T ^t. rN,aouNn BEr,ce I _ — — o-. Z CASTLE NnvNE ao e RIG ER- RD_- e - m m 'Q a� al c o c U m a� 2 Z J F as Moa -3W rnj.s o a W d W m N � Z C \ CO4 N I �! PQ J. 0 u O eke 3 a > � ui �j� /mod do, n, �/ d a Z _ `a �'b d c N H LL WuA in m `PLO do, ti O _ G � P m U o ix N - Gp�o bbd v o i c pd > m a Q C c 1d ,tip o. y o U) N Ln U cn a a,' U N N (6 fn Board of Commissioners - May 2, 2016 ITEM: 10-7-1 PROPOSED SITE PLAN Board of Commissioners - May 2, 2016 ITEM: 10- 8 - 1 � arcs A N I Cal 41 j I g.1 18 1 Ali U I to it A S • ilk. - - - - - - - - - - - - - - - - - - - Y II C4 . . . ......... Sq L IV V F99 L All 16A ------------------ (M/Z!i .!w.1 09U 1Ltr pooN L4­ag ouno-o I HH boy APPLICANT MATERIALS Board of Commissioners - May 2, 2016 ITEM: 10- 10 - 1 NEW HANOVER COUNTY PLANNING & INSPECTIONS Application for Print For 230 Government Center Drive Suite 110 Wilmington, NC 28403 910 - 798 -7165 phone 910 - 798 -7053 fax www.nhcgov.com CONDITIONAL ZONING DISTRICT Petitioner Information Property Owner(s) Subject Property If different than Petitioner Name Owner Name Address Cindee Wolf Clarence K. & Peggy W. Henry & See Attached Reference Company Owner Name 2 Parcel ID(s) Design Solutions Michael F. & Aleta J. Moser See Attached Reference Address Address Area PO Box 7221 5031 Carolina Beach Rd 2.77 ac. +/- City, State, Zip City, State, Zip Existing Zoning and Use Wilmington, NC 28406 Wilmington, NC 28412 R -15 / Residence Phone Phone Proposed Use 910 - 620 -2374 910 - 395 -6811 / 910 - 799 -8659 (CD) 0&1 / Office Email Email Land Classification cwolf @lobodemar.biz Urban Application Case Number Date /Time received: Received by: 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:OOPM 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. Board of Corn I'M May 2, 2016 ITE : 10- 11 - 1 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 Staff Initial 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. 0 Copy of the subdivision map or recorded plat which delineates the property. 0 Site Plan (8 -24x36 copies for Planning Board; 8 -24x36 copies for Commissioners) • Tract boundaries and total area, location of adjoining parcels and roads • 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. • Development schedule including proposed phasing. • 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. • All existing and proposed easements, reservations, required setbacks, rights -of -way, buffering and signage • The one hundred (100) year floodplain line, if applicable • Location and sizing of trees required to be protected under Section 62 of the Zoning Ordinance • 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. • 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. 0 Authority for Appointment of Agent Form if applicable)0 Fee - For petitions involving 5 acres or less, $600. For petitions involving greater than 5 acres, $700 Board of ComrM'OTKf'} May 2, 2016 ITElCA: 10- 11 - 2 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? Policies for growth encourage continued efforts to attract & retain businesses. The proposal is to develop an office building along a a busy commercial thoroughfare. Extending the business zone, but with conditional regulations is consistent with the concept of in- filling parcels where urban services are available. 2. How would the requested zone change be consistent with the property's classification on the Land Classification Map? he site is in an "Urban" land classification. The Urban classification is intended for more intensive development where urban services are already in place. 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? Carolina Beach Road is an extremely busy thoroughfare. Single- family residential use of lands immediately bordering it has become generally undesirable. Other properties along the corridor have been zoned for business uses and multi - family development. Rezoning this property for a low- impact office use would be logical. 4. List proposed conditions and restrictions that would mitigate the impacts of the proposed use(s). The trip generation for a small, single- tenant office building is lower than many of the more intense business uses that could be appropriate for this location. Reference the site plan layout & notes for proposed conditions. Fencing & a bufferyard will mitigate any impacts to the residential uses to the North & South. Streetyard & interior plantings will meet the landscape requirements & add to the visual appeal of the project. Architectural features on the street facade of the building will add to the overall aesthetics. 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 to the best of my knowledge, information, and belief. Signature of Petitioner and /or Property Owner Print Name Board of Corn '"T May 2, 2016 ITE : 10-11 -3 04/14 y w jr room- ly" ol 4 r lalk? 2 wr :6 A. Is VAId fit 7A° fr fie. .,' 0 o � r; L- N M - r-Jr + s. N O S LO m -pt+ C wr A. LO d0o co r lop and of` missioners -i�M'ty 2, 20 16 MEL Jw- K Conditional Zoning District Petition Parcel Included p/o 313410.27.6328 313410.27.6328 p/o 313410.27.5047 p/o 313410.27.7325 Parcel Address 5025 Carolina Beach Rd 5029 Carolina Beach Rd 5031 Carolina Beach Rd 5041 Carolina Beach Rd Owner Clarence K. & Peggy W. Henry Michael F. & Aleta J. Moser Michael F. & Aleta J. Moser Michael F. & Aleta J. Moser Board of Commissioners - May 2, 2016 ITEM: 10- 11 - 5 +' NEW HANOVER COUNTY i j! PLANNING & INSPECTIONS >• iJi 1J AUTHORITY FOR - APPOINTMENT OF AGENT ` Print Form 230 Government Center Drive Suite 110 Wilmington, NC 28403 910 - 798 -7165 phone 910- 798 -703 fax wiv-vv.nhcgov.com Please note that for quasi-judicial proceedings, either the land owner or an attorney must be present for the case at the public hearing. The undersigned owner does hereby appoint an authorized the agent described herein as their exclusive agent for the purpose of petitioning New Hanover County for a variance, special use permit, rezoning request, and/or an appeal of Staff decisions applicable to the property described in the attached petition. The Agent is hereby authorized to, on behalf of the property owner: 1. Submit a proper petition and the required supplemental information and materials 2. Appeal at public meetings to give representation and commitments on behalf of the property owner 3. Act on the property owner's behalf without limitations with regard to any and all things directly or indirectly connected with or arising out of any petition applicable to the New Hanover County Zoning Ordinance. Agent Information Property Owner(s) Subject Property Name Owner Name Address Cindee Wolf Michael F. & Aleta J. Moser 5029,5031,5041&5051 CBch Rd Company Owner Name 2 City State, Zip Design Solutions Wilmington, NC Address Address Parcel ID P.O. Box 7221 5031 Carolina Beach Rd City, State, zip City, state, Zip 313409.27.3076 and Wilmington, NG 28406 Wilmington, NC 28412 Phone Phone 313410.27.5047, 7325, 910- 620 -2374 910- 799 -8659 Email Email o$ @ A. +.t moc &7297 cwoK@lobodemar.biz w► CaseNumber Reference: Date/Time received: Received by: This document was willfully executed on the 23 AAO- Owner 1 Signature day of �� , 20 1 kO nnnn Board of Commissioners - May 2, 2016 ITEM: 10- 11 - 6 NEW HANOVER COUNTY PLANNING & INSPECTIONS AUTHORITY FOR APPOINTMENT OF AGENT Print Form 230 Government Center Drive Suite 110 Wilmington, NC 28403 910- 798 -7165 phone 910 -798 -7053 fax www.nhegov.com Please note that for quasi-judicial proceedings, either the land owner or an attorney must be present for the case at the public hearing. The undersigned owner does hereby appoint an authorized the agent described herein as their exclusive agent for the purpose of petitioning New Hanover County for a variance, special use permit, rezoning request, and/or an appeal of Staff decisions applicable to the property described in the attached petition. The Agent is hereby authorized to, on behalf of the property owner: 1. Submit a proper petition and the required supplemental information and materials 2. Appeal at public meetings to give representation and commitments on behalf of the property owner 3. Act on the property owner's behalf without limitations with regard to any and all things directly or indirectly connected with or arising out of any petition applicable to the New Hanover County Zoning Ordinance. Agent Information Property Owner(s) Subject Property Name Owner Name Address Cindee Wolf Clarence K. & Peggy W. Henry 5025 Carolina Beach Rd Company Owner Name 2 City, State, Zip Design Solutions Wilmington, NC Address Address Parcel ID P.O. Box 7221 55 Gibson Dairy Road 313410.27.6328 City, State, Zip City, State, Zip Wilmington, NC 28406 Elizabethtown, NC 28337 Phone Phone 910 -620 -2374 910 - 395 -6811 Email Email cwolf @lobodemar.biz Case Number Reference: Date/Time received: Received by: This document was willfully executed on the ti day of 9- '�-z t ,emu. , 20141 //:�� P (,-\ � -C1yV-k Owner 1 Signature 61 Ow, wner 2'Qhature Board of Commissioners - May 2, 2016 ITEM: 10- 11 - 7 room- ic 4 ly - r S5 �` , 145. ell' O yr ,4 4P s} 4• or L Is y 4 u . _ Pis r Id fit d _ aPY I P 41 '•� r. L v L w ■ a 5 >► Aft OIL Oe df e { a a�5 41 h a d4 06 � 0 N � .� r a lk NI a .. 40 a ` N 45' •� � a� Y * 4 d0o U co lop and of missioners 2, 2016 �,lri Legal Description for Conditional District 0&1 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 39 032'41" West, 308.88 feet to a point; thence South 50 028'45" West, 391.25 feet to a point; thence South 39 032'41" East, 308.88 feet to a point; thence South 50 028'45" West, 389.91 feet to the point and place of beginning, containing 2.77 acres, more or less. Board of Commissioners - May 2, 2016 ITEM: 10- 11 - 9 REPORT OF COMMUNITY MEETING REQUIRED BY NEW HANOVER COUNTY ZONING ORIDINANCE FOR CONDITIONAL DISTRICT REZONINGS Location: r TWND Proposed Zoning: Conditional Zoning District (CDJ 0&1 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 Board of Commissioners - May 2, 2016 ITEM: 10-11 -10 Community Information Meeting Woodridge Pointe Apartments & Moser Office Bldg. Tuesday, February 23rd Name Address Email (Optional) aS 2 lU fo,..- l°< C-3I ao A900 co . /G I -�J L, C2— 2_2 (j6VG2U�� — LJ"r-� -�� ��LJZ�G NI��i�' c7�/ • L-� �( G0- 0 Lt 4- 1-4-< N Akl� /6 0 11 �j�, n 6/��a a I-t4 SIM D,/-, 0 1 Ile P4lj Lbvk �VaC��G��� �oSfiLr� �4 </JQI'JC clol�lVC ���� 4 &6 aq jA !� o cA,. C6YK-.,l (� ��.v�e � I ►��US lC+?� y T� GHQ n � _� Lo U 10' - U" pr n 16, 10 T o S-- 4 ze-) Board of Commissioners - May 2, 2016 rn ITEM: 10- 11 - 11 0k-, Community Information Meeting Woodridge Pointe Apartments & Moser Office Bldg. Tuesday, February 23rd Name Address Email (Optional) v� i D( . I� U�u,�. 6)yma" �. cok� Colleen � `►��IS��c � ��� g ft"bee l.kXe-1 C1.6 -rc i l 151,5 C 5mu l l . cam Board of Commissioners - May 2, 2016 ITEM: 10- 11 - 12 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 ALETAJO 5031 CAROLINA BEACH RD WILMINGTON, NC 28412 ROOSA CINTHIA M 1507 WILLOUGHBY PARK CT WILMINGTON, NC 28412 HANCOCK DAVID ALLEN JENNIFER BOLAND 5208 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 L 5220 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 ALETAJ 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 WINKLERJAMES E SANDRA L 5108 EVERETTE CT WILMINGTON, NC 28412 KUSEL DAVID T KIMBERLY L 707 BROAD ST BEAUFORT, NC 28516 ROSAK ROBERT ETAL 303 SILVATERRA DR WILMINGTON, NC 28412 SMITH LILLIAN 1546 HONEYBEE LN WILMINGTON, NC 28412 PURVIS THOMAS R ALLISON 2 TANSY CT BEDMINSTER, NJ 07921 CAMINITI ANNE M 65 BRIELLE AVE STATEN ISLAND, NY 10314 WYCKOFF KELLY VIRGINIA 241 VIRGINIA AVE N BRIDGEPORT, WV 26330 HENRY CLARENCE K PEGGY W 55 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 HEWLETTTHEODORE 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 ALETAJ 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 OWNER 60 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 Board of Commissioners - May 2, 2016 ITEM: 10- 11 - 13 TAYLOR ROBERT GINAIRO JUANITA HALL 1401 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 SILVATERRA 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 D 0 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 COMPANY 21001 TATUM BLVD N SUITE 1630 -630 PHOENIX, 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 UNIT413 WILMINGTON, NC 28412 CAMPBELL INEZ M 1494 HONEY BEE LN WILMINGTON, NC 28412 LONG NANCY M PETER I 1422 WILLOUGHBY PARK CT UNIT4 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 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 LLC 416 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 RJR DEVIN MICHELLE 1410 WILLOUGHBY PARK CT 7 WILMINGTON, NC 28412 Board of Commissioners - May 2, 2016 ITEM: 10- 11 - 14 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 1 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 103 WILMINGTON, 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 SCHMIDTTAMMYJ 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 LJR 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 FREIDAJ 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 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 UNIT4 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 LANUNZIATATAMMARA ANN 1406 WILLOUGHBY PARK CT UNIT4 WILMINGTON, NC 28412 MCGEE DERRICK E 4808 WATERFORD KNOLL DR UNIT 618 CHARLOTTE, 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 SHARING 2963 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 Board of Commissioners - May 2, 2016 ITEM: 10- 11 - 15 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 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 TRUST 5123 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 NORMAL 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 A 79 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 Board of Commissioners - May 2, 2016 ITEM: 10- 11 - 16 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 C 0 PO BOX 723 MONROE, NC 28111 ERWAY THOMAS R DOROTHY W 513 HORTON PL WINNABOW, NC 28479 SCHAVITZJEANETTE M 1608 WILLOUGHBY PARK CT WILMINGTON, NC 28412 BARNUM SHERYLJ 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 D BURLINGTON, NC 27215 HINSON WILEY FRANKLIN JR GERALDINE B 1694 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 ESTATE 5440 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 ALETAJ 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 Board of Commissioners - May 2, 2016 ITEM: 10- 11 - 17 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 WAINRIGHTJO 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 SELLERSTARI 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 Board of Commissioners - May 2, 2016 ITEM: 10- 11 - 18 Desigv� Solutiov�s 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 cwolfaa 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. P.O. Sox 7221, WilmivLgtovL, NC 28406 * TelepkovLe: 910 -620 -2374 * Email: cwolf@lobodemar.biz Board of Commissioners - May 2, 2016 ITEM: 10- 11 - 19 W O O LO U Z W Q Q W Z U) 0 J W U Z Z J Z 00 W J W Q U Z W 0 0W Z fY o E ^^ 000 / �L° N =J� C3 o Oro 0 c dm 05/ 'Le c Gp oQe Q qy � � / 5� Q / goo e 0 LU d 0_ OC A L = W ~ /� Z �v / Q w DO J U W Z W W LL W W U Of O UY =) Uw U ZZ Una ocZj 00 Q� Z d H W J 0 0 _ U W > g0 W 2222Un O O O O t O O O O z Of of of of =) 0 0 0 0 W W W W Q mmmm� ANC? 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V 0 00 mo �O U H Z D I � z �o C Cfn Y U Q 0] H W U 10 N W U LL Of U T D Z U) W n 0 U ° Ern b6 W � � n � m.� W Tc� IDC �o J � � � E� �-O•rn v Q o W � ° om o° LL U U) Q 0 (M /J o!19nd ,0S) •pb slDaddy y O N � O � o 04 T J X 0 +— o � °o of W U LU Q 7 J ~ a U rY W W Fz Y 0a Q < a a aro N � y N ) � oJO- Y I N o d 0_ > (9 N N N O m 0 � oJO- Y I N o 0_ > O CFO •O � 0 I J � TN� I I z ° o ^^ o� M I..L O H \ (( \ i Q U Y n' (D U� -0 CD Q o ° o W LU Ic�o LO U) LU Y y U) � o$ � a v p W m � c" (i Z QO (.0 _ Q Qa m � `O U0 o of U) 0o ) D U W W j N.0 O c: H O z V Z U `00 U X fY Un N o a N J Z ® ® o W 0_ +I +I v v ^1 v v Y E U 0 ° �Em CD W T'c .� w (D BEM c� Z I� o Z ONla-ling o Z z W Z� c��°^ I. �. 301330 ° o m= J w H m0 ° CC O W 0- o 0 o J c J N Un00 w 0— z0� Z J U Z (M /d o!l9nd ,09[) LZt '(M •S•n PDO�j gODG9 DUIIOJD3 w 0 Board of Commissioners -May 2, 2016 — — IT4 -26- — — — — — — — NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: May 2, 2016 REGULAR DEPARTMENT: Planning PRESENTER(S): Brad Schuler, Current Planner (Planning Board Rep: Tamara Murphy) CONTACT(S): Brad Schuler; Ben Andrea, Current Planning & Zoning Supervisor; Chris O'Keefe, Planning & Inspections Director 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, and for a Special Use Permit in Order to Develop a High Density Development Consisting of 80 Apartment Units BRIEF SUMMARY: The property is classified as Urban according to the 2006 CAMA Land Use Plan. This rezoning request is for a Conditional Use District. A Conditional Use District is a zoning district that requires every use within it obtain a Special Use Permit. Therefore, there are potentially two separate actions that need to be taken by the Board. 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. 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) & (CUD) 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. The proposed development will generate 41 trips in the AM peak, and 50 trips in the PM peak. In addition, a office development (Z -956) is being proposed directly in front of the property which will utilize the same access to Carolina Beach Road. That proposed development will generate 18 trips in the AM peak, and 17 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. 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. This application was heard at the April 14, 2016 Planning Board meeting. At the meeting, no comments were Board of Commissioners - May 2, 2016 ITEM: 11 presented from the public, and the Board discussed the site design of the proposed development. The Planning Board voted 7 -0 to recommend approval of the rezoning and Special Use Permit with a condition, finding that the application 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 accessed 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 Condition: 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. 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 approve, as the Board of Commissioners find 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 accessed 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. Special Use Permit: 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 presented at the April 14, 2016 public hearing at the Planning Board, 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 May 2, 2016 Board of Commissioners meeting. ACTION NEEDED (Choose one): Board of Commissioners - May 2, 2016 ITEM: 11 1. Motion to Approve (with or without conditions) 2. Motion to table the item in order to receive additional information or documentation (Specify). 3. Motion to Deny based on specific findings in any of the 4 categories above, such as lack of consistency with adopted plans or determination that the project will pose public hazards or will not adequately meet requirements of the ordinance. Staff Suggested Motion for Approval: Motion to approve, as the Board of Commissioners find that this request for a Special Use Permit complies with the four required findings of fact as detailed in the staff summary, and that the following conditions 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 BOC 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 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval as presented by staff to include the proposed condition. COMMISSIONERS' ACTIONS: Approved rezoning 5 -0. Approved special use permit with recommended conditions 5 -0. Board of Commissioners - May 2, 2016 ITEM: 11 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, and for a Special Use Permit 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) A. Close the public hearing 5. 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 approve or deny 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 approve, as the Board of Commissioners 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. Board of Commissioners - May 2, 2016 ITEM: 11-1 -1 9. Vote on the companion Special Use Permit (second vote). Motion to approve the permit - All findings are positive. ❑ Motion to approve the permit, subject to conditions specified below: (State Conditions) ❑ Motion to deny 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 approve, as the Board of Commissioners find that this request for a Special Use Permit complies with the four required findings of fact as detailed in the staff summary, 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. Board of Commissioners - May 2, 2016 ITEM: 11- 1 - 2 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 Z -957, 4/16 Page 1 of 1 Board of Commissioners - May 2, 2016 ITEM: 11- 2 - 1 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 PLANNING BOARD ACTION: This application was heard at the April 14, 2016 Planning Board meeting. At the meeting, the Planning Board discussed the site design of the proposed development. The Board voted 7 -0 to recommend approval of the rezoning, finding that it 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. Further, the Planning Board voted 7 -0 to recommend approval of the companion Special Use Permit with the following condition: 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. 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. Z -957, (4/16) Board of Commissioners - May 2, 2016 ITEM: 11- 3 - 1 Page 1 of 10 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. Dr FZoning �? , GATE POST' a U^ l f •� 9� 0 I I T MF -M I V 4, Cq Z-957 �.yEY gEE R -15 �O / O &I, r City of Wilmington R -�10 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. Z -957, (4/16) Board of Commissioners - May 2, 2016 ITEM: 11- 3 - 2 Page 2 of 10 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. 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. Z -957, (4/16) Board of Commissioners - May 2, 2016 ITEM: 11- 3 - 3 Page 3 of 10 i ate. 01— - - - - -- Alftlilll el `C u udo. e �•M�)ry __ � e w Wl��v� � WnlagHry� uw�.� P aP Conceptual Site Plan 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. Z -957, (4/16) Board of Commissioners - May 2, 2016 ITEM: 11- 3 - 4 Page 4 of 10 —— a ' r Ui ip 'i ✓ mu P 2° III a 9 f �~ 1 T— FxTIF F] M = na nm L L..L�_.JJ �- �- � H 1L � x r�wxecu� Q A Willoughby Pork C—t i ate. 01— - - - - -- Alftlilll el `C u udo. e �•M�)ry __ � e w Wl��v� � WnlagHry� uw�.� P aP Conceptual Site Plan 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. Z -957, (4/16) Board of Commissioners - May 2, 2016 ITEM: 11- 3 - 4 Page 4 of 10 Proposed NCIPOT Safety Project 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. Z -957, (4/16) Board of Commissioners - May 2, 2016 ITEM: 11- 3 - 5 Page 5 of 10 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 attractorfor 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. Z -957, (4/16) Board of Commissioners - May 2, 2016 ITEM: 11- 3 - 6 Page 6 of 10 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 approve the rezoning request • Motion to "table" the item in order to receive more information • Motion to deny the rezoning request Example Motion for Approval: Motion to approve, as the Board of Commissioners find 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 consistentl. 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. I. Example Motion for Denial: Motion to deny, as the Board of Commissioners find 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 consistentl. 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./. Z -957, (4/16) Board of Commissioners - May 2, 2016 ITEM: 11- 3 - 7 Page 7 of 10 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 approve 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 deny 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 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. Z -957, (4/16) Board of Commissioners - May 2, 2016 ITEM: 11- 3 - 8 Page 8 of 10 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 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 Z -957, (4/16) Board of Commissioners - May 2, 2016 ITEM: 11- 3 - 9 Page 9 of 10 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 approve, as the Board of Commissioners find that this request for a Special Use Permit complies with the four required findings of fact as detailed in the staff summary, and that the following condition be met: 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. Z -957, (4/16) Board of Commissioners - May 2, 2016 ITEM: 11- 3 - 10 Page 10 of 10 N N O V O =a S c O u N N Y t d V V 0 0 -a m m p, d � � SdyJti � •o bd' in' •s 1 e: / �4 y 4/, K a a Q,' c U N o y, oL ,a�= as aar a a wz wz mw ww zw zw a °a z z 222z" s w o w w w w w w o o 0 o o w J "' w w w w o o o o h � Y s N w u G G 3 a z w z z w z w w z w w w z V GGG ° K ° �°�9m � °�z° �° �=u ° � m= - � w a `a Z. 131x z z z m z z z z m z z z z z z z z z z MO °K= J °K= G °w > > °° ° ° ° °KK °�w�ww sww w s� w�ssww�wwww 555555���5��w���33�'J °JJ ww am�w35w��33��5����ww5 000000 -- Ol 2�-F) Ol N A S o�m a d7�da Board of Commissioners - May 2, 2016 ITEM: 11-4-1 ^A' ^ /'\ \ \ N CL _ O r ° > 31eAI8d O IN d i p - m N � •y O U C d O d t � o I2 aa.MOabaw -llllS d N Z J m 3 =- W 'Q O \ Q y Q —m N > y W Z W 8 N N O V O =a S c O u N N Y t d V V 0 0 -a m m p, d � � SdyJti � •o bd' in' •s 1 e: / �4 y 4/, K a a Q,' c U N o y, oL ,a�= as aar a a wz wz mw ww zw zw a °a z z 222z" s w o w w w w w w o o 0 o o w J "' w w w w o o o o h � Y s N w u G G 3 a z w z z w z w w z w w w z V GGG ° K ° �°�9m � °�z° �° �=u ° � m= - � w a `a Z. 131x z z z m z z z z m z z z z z z z z z z MO °K= J °K= G °w > > °° ° ° ° °KK °�w�ww sww w s� w�ssww�wwww 555555���5��w���33�'J °JJ ww am�w35w��33��5����ww5 000000 -- Ol 2�-F) Ol N A S o�m a d7�da Board of Commissioners - May 2, 2016 ITEM: 11-4-1 ^A' ^ /'\ \ \ N CL _ O r ° > 31eAI8d O IN d i p - m N � •y O U C d O d t � o I2 aa.MOabaw -llllS d N Z J m 3 =- W 'Q O \ Q y Q —m N > y W Z W N N O V O =a S c O u N N Y t d V V 0 0 -a m m p, d � � SdyJti � •o bd' in' •s 1 e: / �4 y 4/, K a a Q,' c U N o y, oL ,a�= as aar a a wz wz mw ww zw zw a °a z z 222z" s w o w w w w w w o o 0 o o w J "' w w w w o o o o h � Y s N w u G G 3 a z w z z w z w w z w w w z V GGG ° K ° �°�9m � °�z° �° �=u ° � m= - � w a `a Z. 131x z z z m z z z z m z z z z z z z z z z MO °K= J °K= G °w > > °° ° ° ° °KK °�w�ww sww w s� w�ssww�wwww 555555���5��w���33�'J °JJ ww am�w35w��33��5����ww5 000000 -- Ol 2�-F) Ol N A S o�m a d7�da Board of Commissioners - May 2, 2016 ITEM: 11-4-1 ^A' ^ /'\ \ \ To CL IN� C O � d O Q 1 S d a O o . 7 y N > �d x LLI d v9 N a V O d u V c a O1I, m msob�h Q o a O c o• N O 3? u m N a u S''-0?1- 303110} 303110= -_ - MO4y3W -1 fn old � Q � � O 61 4� C v - 31VnIdd V7\" V �s -- Y/ 00 Board of Commissioners - May 2, 2016 ITEM: 11-5-1 O 'r- \ ■V Board of Commissioners - May 2, 2016 ITEM: 11-6-1 Board of Commissioners - May 2, 2016 ITEM: 11-7-1 PROPOSED SITE PLAN Board of Commissioners - May 2, 2016 ITEM: 11- 8 - 1 �U Fl� 'IX 0 00 O'f 212 tit A It 7L(Lm—/N wa.o,) P�j sloadd'V le all �� ; E_� �'I I A ha ME 12 (S) OL'S t L 2r z P ILI Ilk PJ V I- 1.2 — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — (M/N -!wed 010 16t, *AmH *9*n / P—N L43v2G ounojo:) il IHM 19 Erg it H R to 62 APPLICANT MATERIALS Board of Commissioners - May 2, 2016 ITEM: 11- 10 - 1 NEW HANOVER COUNTY PLANNING & INSPECTIONS Print Form 230 Government Center Drive Suite 110 Wilmington, NC 28403 910- 798 -7165 phone 910 - 798 -7053 fax Application for www.nhcgov.com CONDITIONAL ZONING DISTRICT Petitioner Information Property Owner(s) Subject Property If different than Petitioner Name Owner Name Address Cindee Wolf Ord See Attached Reference Company Owner Name 2 Parcel ID(s) NEW HANOVER COUNTY PLANNING & INSPECTIONS Print Form 230 Government Center Drive Suite 110 Wilmington, NC 28403 910- 798 -7165 phone 910 - 798 -7053 fax Application for www.nhcgov.com CONDITIONAL ZONING DISTRICT Petitioner Information Property Owner(s) Subject Property If different than Petitioner Name Owner Name Address Cindee Wolf Clarence K. & Peggy W. Henry & See Attached Reference Company Owner Name 2 Parcel ID(s) Design Solutions Michael F. & Aleta J. Moser See Attached Reference Address Address Area PO Box 7221 5031 Carolina Beach Rd 2.77 ac. +/- City, State, Zip City, State, Zip Existing Zoning and Use Wilmington, NC 28406 Wilmington, NC 28412 R -15 / Residence Phone Phone Proposed Use 910 - 620 -2374 910 - 395 -6811 / 910 - 799 -8659 (CD) O &1 / Office Email Email Land Classification cwolf @ lobodemar.biz Application Tracking Information (S1aJJ'0n1j9 Urban Case Number Date im received: Received by: Z -1s7 310,116 U 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:OOPM 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. Page 1 of 3 Board of Commissioners - May 2, 2016 ITEM: 11- 11 - 1 04/14 i 10 A4 1p Of p. rj jai t . *qk 4f lite fn LO r 1c D) U cz VO LO LO f , i ww w r r• j � A �. .p Q 0 C , y r - 0 Im - �Bo o Aioners - May 2, 201601 it k M: 11 -,Ifl - 2 d.- Conditional Zoning District Petition Parcel Included p/o 313410.27.6328 313410.27.6328 p/o 313410.27.5047 p/o 313410.27.7325 Parcel Address 5025 Carolina Beach Rd 5029 Carolina Beach Rd 5031 Carolina Beach Rd 5041 Carolina Beach Rd Owner Clarence K. & Peggy W. Henry Michael F. & Aleta J. Moser Michael F. & Aleta J. Moser Michael F. & Aleta J. Moser Board of Commissioners - May 2, 2016 ITEM: 11-11 -3 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 Staff Initial 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 -2406 copies for Commissioners) • Tract boundaries and total area, location of adjoining parcels and roads • 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. • Development schedule including proposed phasing. • 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. • All existing and proposed easements, reservations, required setbacks, rights -of -way, buffering and signage • The one hundred (100) year floodplain line, if applicable • Location and sizing of trees required to be protected under Section 62 of the Zoning Ordinance i • 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. • 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 Page 2 of 3 Board of Commissioners - May 2, 2016 ITEM: 11- 11 - 4 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): l . How would the requested change be consistent with the County's Policies for Growth and Development? (Policies for growth encourage continued efforts to attract & retain businesses. The proposal is to develop an office building along a a busy commercial thoroughfare. Extending the business zone, but with conditional regulations is consistent with the ,concept of in- filling parcels where urban services are available. 2. How would the requested zone change be consistent with the property's classification on the Land Classification Map? (The site is in an "Urban" land classification. The Urban classification is intended for more intensive development where urban services are already in place. 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? Carolina Beach Road is an extremely busy thoroughfare. Single- family residential use of lands immediately bordering it has become generally undesirable. Other properties along the corridor have been zoned for business uses and multi - family development. Rezoning this property for a low- impact office use would be logical. 4. List proposed conditions and restrictions that would mitigate the impacts of the proposed use(s). The trip generation for a small, single- tenant office building is lower than many of the more intense business uses that could be ;appropriate for this location. Reference the site plan layout & notes for proposed conditions. Fencing & a bufferyard will mitigate any impacts to the residential uses to the North & South. Streetyard & interior plantings will meet the landscape requirements & add to the visual appeal of the project. Architectural features on the street facade of the building will add to the overall aesthetics. -f 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 to the best of my knowledge, information, and belief. Signature of Petitioner and /or Prope(M Owner Page 3 of 3 Board of Commissioners - May 2, 2016 ITEM: 11- 11 - 5 ' ' • It iI Print Name 04/14 10, �., � fir; •. NEW HANOVER COUNTY PLANNING & INSPECTIONS AUTHORITY FOR APPORVTMENT OF AGENT I I-MIL , unn I 230 Government Center Drive Suite 110 Wilmington, NC 28403 910 - 798 -7165 phone 910- 798 -7053 fax www.nhcgov.com Please note that for quasi-judicial proceedings, either the land owner or an attorney must be present for the case at the public hearing. The undersigned owner does hereby appoint an authorized the agent described herein as their exclusive agent for the purpose of petitioning New Hanover County for a variance, special use permit, rezoning request, and/or an appeal of Staff decisions applicable to the property described in the attached petition. The Agent is hereby authorized to, on behalf of the property owner: 1. Submit a proper petition and the required supplemental information and materials 2. Appeal at public meetings to give representation and commitments on behalf of the property owner 3. Act on the property owner's behalf without limitations with regard to any and all things directly or indirectly connected with or arising out of any petition applicable to the New Hanover County Zoning Ordinance. Agent Information Property Owner(s) Subject Property Name Owner Name Address Cindee Wolf Michael F. & Aleta J. Moser 5029,5031,5041&5051 CBch Rd Company Owner Name 2 City, State, Tip Design Solutions Wilmington, NC Address Address Parcel ID P.O. Box 7221 5031 Carolina Beach Rd City, state, Tip City, State, Tip 313409.27.3076 and Wilmington, NC 28406 Wilmington, NC 28412 phone Phone 313410.27.5047, 7325, 910- 620 -2374 910- 799 -8659 Email cwolf ®lobodemar.biz Email nno -%yn► �.1 at.�'�� V%�'� &7297 Case Number Reference: Date/Time received: Received by: This document was willfully executed on the 23 ftJ- W �4 TvLbAw---- 49&& a _ Owner 1 Signature day of ia--Vqa&� , 20 1 to AA /lA Board of Commissioners - May 2, 2016 ITEM: 11-11 -6 ,T NEW HANOVER COUNTY PLANNING & INSPECTIONS AUTHORITY FOR APPOINTMENT OF AGENT Print Form 230 Government Center Drive Suite 110 Wilmington, NC 28403 910 - 798 -7165 phone 910- 798 -7053 fax www.nhcgov_com Please note that for quasi-judicial proceedings, either the land owner or an attorney must be present for the case at the public hearing. The undersigned owner does hereby appoint an authorized the agent described herein as their exclusive agent for the purpose of petitioning New Hanover County for a variance, special use permit, rezoning request, and/or an appeal of Staff decisions applicable to the property described in the attached petition. The Agent is hereby authorized to, on behalf of the property owner: 1. Submit a proper petition and the required supplemental information and materials 2. Appeal at public meetings to give representation and commitments on behalf of the property owner 3. Act on the property owner's behalf without limitations with regard to any and all things directly or indirectly connected with or arising out of any petition applicable to the New Hanover County Zoning Ordinance. r - Agent Information Property Owner(s) Subject Property Name Owner Name Address Cindee Wolf Clarence K. & Peggy W. Henry 5025 Carolina Beach Rd Company Owner Name 2 City, State, Zip Design Solutions Wilmington, NC Address Address ParcelID P.O. Box 7221 55 Gibson Dairy Road 313410.27.6328 City, State, Zip City, State, Zip Wilmington, NC 28406 Elizabethtown, NC 28337 Phone Phone 910- 620 -2374 910 - 395 -6811 Email Email cwolf @ lobodemar.biz Case Number Reference: Date/Time received: Received by: This document was willfully executed on the day of '� dti-c� 520/ i Owner 1 Signature Owner 2 ature Board of Commissioners - May 2, 2016 04/14 ITEM: 11- 11 - 7 I h i f rim 1 M i or t y y •� a .rh CL Er CL >y M 41 �4 WN • r 4M BCD i o �' _ �s� •fir � rev 40 s �+ r ca 0 U h O _ s�►� Oa Q ISr IL�Lr! A O 12 co 46 e cl, N �Bo .o ommissioners - May 2, 2016 ' ITEM: 11- 11 - 8 Legal Description for Conditional District C &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 39 032'41" West, 308.88 feet to a point; thence South 50 °28'45" West, 391.25 feet to a point; thence South 39 032'41" East, 308.88 feet to a point; thence South 50 028'45" West, 389.91 feet to the point and place of beginning, containing 2.77 acres, more or less. Board of Commissioners - May 2, 2016 ITEM: 11-11 -9 Traffic Impact Worksheet Prior to submission of nonresidential site plan, this worksheet must be prepared. A Traffic Impact Analysis will be required for all projects generating 100 peak hour trips or more. The scope of the TIA shall be determined by concurrence of the Planning Director, the MPO coordinator and NCDOT traffic engineer. Any mitigation measures required must be included in the final site plan submitted for review. PROJECT NAME Moser & Henry Office Building PROJECT ADDRESS 5031 Carolina Beach Road DEVELOPER/OWNER Moser & Henry EXISTING ZONING R -15 GROSS FLOOR AREA 10,000 NEAREST INTERSECTION Willoughby Park Court BEFORE PROPOSED PROJECT Average Daily Traffic (Date) LEVEL OF SERVICE (LOS) sq. ft. ITE MANUAL TRAFFIC GENERATION ESTIMATE: *ITE Manual available at Planning Department USE AND VARIABLES: 715 - Single- tenant Office (Calc'd w/ KSF) (Example: Racquet Club; 8 courts; Saturday peaks) AM PEAK HOUR TRIPS 18 PM PEAK HOUR TRIPS 17 (Traffic generation of 100 peak hour trips will require Traffic Impact Analysis Scoping meeting with Planning Department) C Wolf (ITE Speadsheet) Person Providing Estimate 03 a Signature Peak Hour estimate confirmed by Planning & Zoning on Lo (Date) Board of Commissioners - May 2, 2016 ITEM: 11-11 -10 REPORT OF COMMUNITY MEETING REQUIRED BY NEW HANOVER COUNTY ZONING ORIDINANCE FOR CONDITIONAL DISTRICT REZONINGS Location: r 6-47-0c.1,.J/k- - TaPta Proposed Zoning: Conditional Zoning District (CD) 0&1 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 Board of Commissioners - May 2, 2016 ITEM: 11-11 -11 Community Information Meeting Woodridge Pointe Apartments & Moser Office Bldg. Tuesday, February 23rd Name Address Email (Optional) 4-A well't a,A kJ 4, k4-Z -?3 oo A(100 Co I ► V yf 4 u�i ' rv� D 2A > Sc-1Av e2 2_7 IUHGGoV_ &0" wf }M & F A57,2-A<4A 1 4 Z V -FA16 9) Q!25 eO GNI L- e 0 Et ` 61-4s A yl- o-M .lamhaw., � )Y3 0.01 4 ��� n �� elk ;" ao� G-4te kfl /G �4 G1 ante vok vGDc)I , d �P v}h �. i�eine U(I�i'US 1 CAS y Qn� Sow — /Y /v --- �p ul�e' wr�o ( (QCo('P �aw� i�►`�°. 6 i o,,,e �,. (a! . V.4.v rJ,gM W-) `� t; -� c., COAL - Board of Commissioners - May 2, 2016 ITEM: 11- 11 - 12 .oz Community Information Meeting Woodridge Pointe Apartments & Moser Office Bldg. Tuesday, February 23rd Name Address Email (Optional) polk j 3 W6,Y0Q ffo ne �(2r Zo h e_ �PLMq') C-0,0* LaxZ R Awret 11 tl�15- 9 sma*i coyyx Board of Commissioners - May 2, 2016 ITEM: 11- 11 - 13 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 Cl NTH IA M 1507 WILLOUGHBY PARK CT WILMINGTON, NC 28412 HANCOCK DAVID ALLEN JENNIFER BOLAND 5208 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 L 5220 GATE POST LN WILMINGTON, NC 28412 KIRKMAN JACK LJR 312 W 76TH ST 4-11 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 ALETAJ 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 M 65 BRIELLE AVE STATEN ISLAND, NY 10314 WYCKOFF KELLY VIRGINIA 241 VIRGINIA AVE N BRIDGEPORT, WV 26330 HENRY CLARENCE K PEGGY W 55 GIBSON DAIRY RD ELIZABETHTOWN, NC 28337 RIVEN BARK 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 HEWLETTTHEODORE 6917 MASONBORO SOUND RD WILMINGTON, NC 28409 DILENA ROBERT ETAL 5110 GATE POST LN WILMINGTON, NC 28412 CROCKER CAM ILLE 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 OWNER 60 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 Board of Commissioners - May 2, 2016 ITEM: 11- 11 - 14 TAYLOR ROBERT GINAIRO JUANITA HALL BRYANT ELIZABETH MARIE ROBERTS JOHN C TRIPLETT BRENT E MARSHALL ROGER LEE LINDY H HOLLAND STEPHEN D ANNETTE B COZART NICOLE KATHRYN BRYANT WILLOUGHBY PARK OF WILM HOA PETTETT ELIZABETH S HUG CHRISTOPHER D CANDY A ASHER ERIK T PATRICIA S SHEPHERD ANGELA LYNN ROSAK ROBERT ALYSON D DEWIRE MARK R COPELAND MICHAEL KELLY DEVENERO FRANK ETAL KIRKMAN JACK L J R MORAN MICHAEL WARD ABERNATHY ALYSON D TORRJAMES D GREEN BRIAN LESLIE JUDY L SANCO OF WILM SERVICE CORP ELMORE CHAD A HOBBS DAVID L CHIN Y SMITH JOSEPH E MELISSA A AMERICAN RESIDENTIAL LEASING COMPANY PRICE DOUGLAS D TARA DOUGAN WELLS SVEN H WELMERS JOHN AJR RHONDAJ ECK KEITH DAVID TAKIKO STALEY FAYETTE WILSON GREGG H ETAL FIELDS JOHNNIE E RUSSELL SANDRA LEE KOLB BOBBY ELAINE BREEZE DUNCAN BAKER JUANITA A DEMANN THOMAS P KRAMER MICHELLE IRENE CAMPBELL INEZ M LONG NANCY M PETER I VINCENT BETTY B ETAL KUSHINSKY DENESE J KRISANDA ROBERT DONNA I. KILGORE KATHRYN A SMITH LILLIAN AAB JOHN WINIFRED MONKEYJUNCTION MINI STORAGE PRINCE JAMES V CYNTHIA L SULTAN F MARTIN PAULA BELLA & CLIFF SUNRISE RENTALS LLC BELLA AND CLIFF SUNRISE RENTALS LLC DESSING MARGARET ADAMS VEALS BONNIE LEE WALKER AUDRA DIANNE PRIVOTT HENRY L MARGARET G FALCONE LOIS BATCHELOR CHARLES RJR DEVIN MICHELLE 1401 WILLOUGHBY PARK CT #4 5215 GATE POST LN 5021 CAROLINA BEACH RD 5222 GATE POST LN 5121 EVERETTE CT 5103 GATE POST LN 5211 GATE POST LN 1430 COMMONWEALTH DR 5030 CAROLINA BEACH RD 5209 GATE POST LN 5210 GATE POST LN 5109 EVERETTE CT 303 SILVA TERRA DR 5112 GATE POST LN 5111 EVERETTE CT 5009 CAROLINA BEACH RD 312 76TH ST APR 4 -11 5214 GATE POST LN 0 PO BOX 12323 1403 WILLOUGHBY PARK CT 5120 EVERETTE CT 110 HINTON AVE 5108 GATE POST LN 5202 GATE POST LN 5124 EVERETTE CT 21001 TATUM BLVD N SUITE 1630 -630 5105 GATE POST LN 5203 GATE POST LN 1682 HONEYBEE LN UNIT 1 5109 GATE POST LN 3822 SCOTS PL W 1601 WILLOUGHBY PARK CT #1 1601 WILLOUGHBY PARK CT 3 1600 WILLOUGHBY PARK CT 144 DRIFTWOOD CT 1402 WILLOUGHBY PARK CT 1604 WILLOUGHBY PARK CT C 107 BRYAN RD 1600 WILLOUGHBY PARK CT UNIT 4B 1494 HONEY BEE LN 1422 WILLOUGHBY PARK CT UNIT 503 MAVERICK RD 1529 HONEY BEE LN 207 BENJAMIN ST 1548 HONEYBEE LN 1546 HONEYBEE LN 1558 HONEYBEE LN 5044 CAROLINA BEACH RD 3710 CAIN CT 0 PO BOX 15277 416 OCEANIA WAY 416 OCEANA WAY 5206 GATE POST LN 1414 WILLOUGHBY PARK CT 2 1609 WILLOUGHBY PARK CT 6 4316JOHNSTON LN 1609 WILLOUGHBY PARK CT 4D 1410 WILLOUGHBY PARK CT 7 Board of Commissioners - May 2, 2016 ITEM: 11- 11 - 15 WILMINGTON, NC 28412 WILMINGTON, NC 28412 WILMINGTON, NC 28412 WILMINGTON, NC 28412 WILMINGTON, NC 28412 WILMINGTON, NC 28412 WILMINGTON, NC 28412 WILMINGTON, NC 28403 WILMINGTON, NC 28412 WILMINGTON, NC 28412 WILMINGTON, NC 28412 WILMINGTON, NC 28412 WILMINGTON, NC 28412 WI LM I NGTON, NC 28412 WILMINGTON, NC 28412 WILMINGTON, NC 28412 NEW YORK, NY 10023 WILMINGTON, NC 28412 WILMINGTON, NC 28405 WILMINGTON, NC 28412 WILMINGTON, NC 28412 WILMINGTON, NC 28403 WILMINGTON, NC 28412 WILMINGTON, NC 28412 WILMINGTON, NC 28412 PHOENIX, AZ 85050 WILMINGTON, NC 28412 WILMINGTON, NC 28412 WILMINGTON, NC 28412 WILMINGTON, NC 28412 WILMINGTON, NC 28412 WILMINGTON, NC 28412 WILMINGTON, NC 28412 WILMINGTON, NC 28412 WRIGHTSVILLE BCH, NC 28480 WILMINGTON, NC 28412 WILMINGTON, NC 28412 WILMINGTON, NC 28412 WILMINGTON, NC 28412 WILMINGTON, NC 28412 WILMINGTON, NC 28412 KERNERSVILLE, NC 27284 WILMINGTON, NC28412 SCHENECTADY, NY 12303 WILMINGTON, NC 28412 WILMINGTON, NC 28412 WILMINGTON, NC 28412 WILMINGTON, NC 28412 WILMINGTON, NC 28409 WILMINGTON, NC 28418 CAROLINA BEACH, NC 28428 CAROLINA BEACH, NC 28428 WILMINGTON, NC 28412 WILMINGTON, NC 28412 WILMINGTON, NC 28412 KITTY HAWK, NC 27949 WILMINGTON, NC 28412 WILMINGTON, NC 28412 FARRELL MARGARET HOLDEN DANNY W JO ELLEN COLLINS MARY E SORBER RICHARD G DEBRA I PARKER MAURICE NANCY BAUGHMAN JARRELL TERESA A SHIVELY MARJORIE H ETAL MAUCERI MEAGAN KULICK LORI ANN MCGLOTHIN JOSEPH SYLVIA HYATT FRANKLIN M BESSIE C ARON JEFFREY SCHMIDT TAMMY J CARPER PAULA W PACILLI DOMINIC C MYERS DANNY A BARBARA J ETAL WAGNER JUDITH A LIVING TRUST BORZONE HAROLD LJR MAGGIO LOUISE VALIENTE NICOLE A BLEVINS JENNIFER CHERYL LITTLEJOHN JANICE CLIFTON ANN MARIE CLARKE CAROLYN HART LEFEVRE JERRY T KELLY J SARRO FAMILY IRREV TRUST JONES JULIA M WHITE CARLTON R FREIDA J FRANCO ANA M HAN CHEN YUAN YAO WILLOUGHBY PARK CONDO ASSN INC LINEBERGER KRISTI SAVINO JOAN M GAVIN ERIN KATHLEEN MILANESE JAMES M WAGNER VICTORIA RACINE RUMPUN S KELL NANCY L MORAN DANIELJ MARTINO MARILYN A IRREV TR JACKSON ELLEN G GRANT SIDNEY M DEBORAH A NAGRA MEET HALE STEPHANIE JANE CASTRELLO JOHN F JR WEISS PEARL E TINGLEY EDWARD B SARAH F PUTNAM ROBERT D JR KATHERINE A LAKES AT JOHNSON FARMS INC MARQUIS MICHAEL S JULIE E LANUNZIATA TAM MARA ANN MCGEE DERRICK E GILMORE CLIFFORD STAVRACOS PETER C DIANE C ETAL RAPID PACE ENTERPRISES LLC STONE RIVER GEAR LLC PROFIT SHARING LUCKIE AE KYOM JONES BRENTA 1556 HONEY BEE LN 6419 OLD FORT RD 1608 WILLOUGHBY PARK CT 1097 SHICKSHINNY VALLEY RD 1534 HONEYBEE LN 1604 WILLOUGHBY PARK CT 5E 1519 HONEYBEE LN 4105 HEARTHSIDE DR APARTMENT 103 4813 SPLIT RAIL DR 0 PO BOX 71 1576 HONEY BEE LN 1623 HONEYBEE LN 1660 HONEYBEE LN 1626 HONEY BEE LN 1620 HONEYBEE LN 1610 HONEYBEE LN 3940 MEMBERS CLUB BLV SE 1513 HONEYBEE LN 20 FOREST DR 1659 HONEYBEE LN 1686 HONEYBEE LN 1637 HONEYBEE LN 5705 FAYETTEVILLE RD 2107 1501 HONEYBEE LN 1414 WILLOUGHBY PARK CT 5 37 HILLSIDE AVE 1518 HONEYBEE LN 1635 HONEYBEE LN 1690 HONEYBEE LN 3307 MYSTIC SUMMIT DR 1630 MILITARY CUTOFF RD 108 1632 HONEYBEE LN 5 1672 HONEYBEE LN 6401 NEW HOPE PL 1574 HONEYBEE LN 1616 HONEYBEE LN 1600 WILLOUGHBY PARK CT #3 1406 WILLOUGHBY PARK CT UNIT 2 1604 WILLOUGHBY PARK CT 1657 HONEYBEE LN 1601 WILLOUGHBY PARK CT UNIT 4 917 NORTHSHORE CT 1604 WILLOUGHBY PARK CT UNIT 7 1488 HONEYBEE LN 4705 PINEVIEW DR 1582 HONEYBEE LN 1605 WILLOUGHBY PARK CT C 5118 GATE POST LN 2502 17TH ST S 3804 MOUNT OLNEY LN 1406 WILLOUGHBY PARK CT UNIT 4 4808 WATERFORD KNOLL DR UNIT 618 3208 BOUGAINVILLEA WAY 1515 HONEY BEE LN 0 PO BOX 1330 2963 STATE ROUTE 209 524 DANDRIDGE DR 1422 WILLOUGHBY PARK CT 1 Board of Commissioners - May 2, 2016 ITEM: 11- 11 - 16 WILMINGTON, NC 28412 WILMINGTON, NC 28411 WILMINGTON, NC 28412 SHICKSHINNY, PA 18655 WILMINGTON, NC 28412 WILMINGTON, NC 28412 WILMINGTON, NC 28412 WILMINGTON, NC 28412 WILMINGTON, NC 28412 CEDAR BLUFF, VA 24609 WILMINGTON, NC 28412 WILMINGTON, NC 28412 WILMINGTON, NC 28412 WILMINGTON, NC 28412 WILMINGTON, NC 28412 WILMINGTON, NC 28412 SOUTHPORT, NC 28461 WILMINGTON, NC 28412 GARNERVILLE, NY 10923 WILMINGTON, NC 28412 WILMINGTON, NC 28412 WILMINGTON, NC 28412 DURHAM, NC 27713 WILMINGTON, NC 28412 WILMINGTON, NC 28412 N FALMOUTH, MA 02556 WILMINGTON, NC 28412 WILMINGTON, NC 28412 WILMINGTON, NC 28403 CEDAR PARK, TX 78613 WILMINGTON, NC 28403 WILMINGTON, NC 28412 WILMINGTON, NC 28412 WILMINGTON, NC 28409 WILMINGTON, NC 28412 WILMINGTON, NC 28412 WILMINGTON, NC 28412 WILMINGTON, NC 28412 WILMINGTON, NC 28412 WILMINGTON, NC 28412 WILMINGTON, NC 28412 HIGH POINT, NC 27265 WILMINGTON, NC 28412 WILMINGTON, NC 28412 WILMINGTON, NC 28412 WILMINGTON, NC 28412 WILMINGTON, NC 28412 WILMINGTON, NC 28412 WILMINGTON, NC 28405 OLNEY, MD 20832 WILMINGTON, NC 28412 CHARLOTTE, NC 28226 WILMINGTON, NC 28409 WILMINGTON, NC 28412 BOILING SPRINGS, NC 28017 KINGSTON, NY 12401 FAYETTEVILLE, NC 28303 WILMINGTON, NC 28412 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 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 TRUST 5123 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 1O 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 A 79 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 Board of Commissioners - May 2, 2016 ITEM: 11- 11 - 17 MYERS JAMES 5 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 C 0 PO BOX 723 MONROE, NC 28111 ERWAY THOMAS R DOROTHY W 513 HORTON PL WINNABOW, NC 28479 SCHAVITZJEANETTE M 1608 WILLOUGHBY PARK CT WILMINGTON, NC 28412 BARN UM SHERYLJ 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 LJR 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 D BURLINGTON, NC 27215 HINSON WILEY FRANKLIN JR GERALDINE B 1694 HONEYBEE LN WILMINGTON, NC 28412 WILLIAMS ANTHONY 0 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 WILLARDJOHN 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 DAN IAL VIVIAN W ETAL 5612 CHANCERY PL WILMINGTON, NC 28409 MILLIGAN GLADYS JOHNSON LIFE ESTATE 5440 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 ATJOHNSON 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 Board of Commissioners - May 2, 2016 ITEM: 11- 11 - 18 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 5 913 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 WAINRIGHTJO 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 KATHLEEN L 1617 HONEYBEE LN WILMINGTON, NC 28412 Board of Commissioners - May 2, 2016 ITEM: 11- 11 - 19 �r. Pestgx solutr'ons 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 23`d, 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. P.O. Box 7221, Wifmivngton, NC 28406 * Tefephone: 920 -620 -2374 * Email: ewoff@fobodemar.biz Board of Commissioners - May 2, 2016 ITEM: 11- 11 - 20 W H 0 Lo wwN Z LL F- Z CO OJ a� W J H:5 W O Z � w y 0 Z QJ O-0 L I•C 6.2 Co a may / 5E oomi / m U \ N= J� �� 11 oto J O OM O mcdm 041 / om � -0.1 0 J / / Gp� p�ac W W LLI / K• ' k- u CU L / /f I W Z w / z I. U w F I W LL O U Y 00 UV I Iv U Z = CO Ir \I� �Z ¢ 00 to inm I 0 0 U) W W a o 1 .. 222mU I L 0000 w —a 00002 Z I 0000 r 03 W W W W Q mmmm� CY.-. 20-91 Y N M V O a> N 0 m m co It a � 00 I � z az Y w c o U J o c N m A C) W w D �M' LD W 2 m BO 1E I .� CO Ir W a 0N0 of to �0 ¢a ' NWWWP I juC5 It OUaav_ UCCO 0cn¢� I �d H d a v Z U� E, w m0c=N0cNOa 0 Z Wa 3+I -+I.N. n i W O I N I z vim W [7 w Z I \c d"o, Z Z w Z � citron � m n0i _E v�oa ° (M/N o!Iqnd ,09L) 1 , Y Q m w Cl) b N 9 U W U � (-) >- r D Z V% w L m^ V 0(D a°?M mow° N W cA a cn �Om (n LEM ���a, w ao QwU _2 cm oc•°�� � W Q 0 o � N WW U J J g� U � a WW �z Y �a J Q �a - (M/N o!iqnd ,09) pN sioaddy ■ s i 0-00 � ° J >,-J X O �� - L O� � i � I I L O �CL 0 I I = °a4 I I I U a a' A\ - I � v 0 �W Ed 'l TRY AN I I I1llf co r N ca c6 0 ns C -- ]�ST o I U c6 U J1 o �Qw a O ,�� I 0 T 0 Z WI �I I I s I 0 $ ��j o�— I a' I 0 wN I L E . —' Mj d I - I tE� I I ?c cd W 0 �� Oi E J J N J "' O ZZ -i O W U Z LZ* *AmH S•n / pooh yOoa8 ou11O.J0D W 0 - - - Board -of e7ommm7ru erte- May- 2;-2016- - - - ITEM: 11- 11 - 21 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: May 2, 2016 REGULAR DEPARTMENT: Planning PRESENTER(S): Brad Shuler, Current Planner (Planning Board Rep: Tamara Murphy) CONTACT(S): Brad Schuler; Ben Andrea, Current Planning & Zoning Supervisor; Chris O'Keefe, Planning & Inspections Director 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 4700 block of Carolina Beach Road from (CUD) B -1, Conditional Business District, and R -15, Residential District, to (CUD) R -10, Conditional Use Residential District, and for a Special Use Permit in Order to Develop a High Density Development Consisting of 80 Apartment Units BRIEF SUMMARY: The property is classified as Urban according to the 2006 CAMA Land Use Plan. This rezoning request is for a Conditional Use District. A Conditional Use District is a zoning district that requires every use within it obtain a Special Use Permit. Therefore, there are potentially two separate actions that need to be taken by the Board. 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. 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 (CUD) 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. 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. According to the 2006 CAMA Plan, the site is classified as Urban. The purpose of the Urban classification is Board of Commissioners - May 2, 2016 ITEM: 12 to provide for continued intensive development and redevelopment of existing urban areas. This application was heard at the April 14, 2016 Planning Board meeting. At the meeting, the Board received comments from the representatives of the Belle Meade development regarding concerns over the maintenance of Sikes Drive and Pine Hollow Drive. The Planning Board voted 7 -0 to recommend approval of the rezoning and Special Use Permit with conditions, finding that the application 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 has 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, because it provides 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 Conditions: 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. Sikes Drive shall not be opened for access until a Certificate of Occupancy has been issued for the development. 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 approve, as the Board of Commissioners 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, and because it provides for 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. Special Use Permit: Board of Commissioners - May 2, 2016 ITEM: 12 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 presented at the April 14, 2016 public hearing at the Planning Board, 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 May 2, 2016 Board of Commissioners meeting. ACTION NEEDED (Choose one): 1. Motion to Approve (with or without conditions) 2. Motion to table the item in order to receive additional information or documentation (Specify). 3. Motion to Deny based on specific findings in any of the 4 categories above, such as lack of consistency with adopted plans or determination that the project will pose public hazards or will not adequately meet requirements of the ordinance. Staff ' Suggested Motion for Approval: Motion to approve, as the Board of Commissioners find that this request for a Special Use Permit complies with the four required findings of fact as detailed in the staff summary, 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. Sikes Drive shall not be opened for access until a Certificate of Occupancy has been issued for the development, or until Sikes Drive, from St. Andrews Drives to the subject property, has been accepted into the City of Wilmington's maintenance system. ATTACHMENTS: Z -958 Script for BOC Z -958 Petition Summary Z -958 Staff Summary BOC 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 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval as presented by staff to include the proposed conditions. Board of Commissioners - May 2, 2016 ITEM: 12 COMMISSIONERS' ACTIONS: Approved the zoning 5 -0. Approved the special use permit with recommended conditions 5 -0. Board of Commissioners - May 2, 2016 ITEM: 12 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 4700 block of Carolina Beach Road from (CUD) B -1, Conditional Business District, and R -15, Residential District, to (CUD) R -10, Conditional Use Residential District, and for a Special Use Permit 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) A. Close the public hearing 5. 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 approve or deny 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 approve, as the Board of Commissioners find 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, and because it provides for 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. Board of Commissioners - May 2, 2016 ITEM: 12- 1 - 1 9. Vote on the companion Special Use Permit (second vote). Motion to approve the permit - All findings are positive. ❑ Motion to approve the permit, subject to conditions specified below: (State Conditions) ❑ Motion to deny 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 approve, as the Board of Commissioners find that this request for a Special Use Permit complies with the four required findings of fact as detailed in the staff summary, 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. Sikes Drive shall not be opened for access until a Certificate of Occupancy has been issued for the development, or until Sikes Drive, from St. Andrews Drives to the subject property, has been accepted into the City of Wilmington's maintenance system. Board of Commissioners - May 2, 2016 ITEM: 12- 1 - 2 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: Water Type: Sewer Type: Recreation Area: Access: Fire District: Watershed & Water Quality Classification: Conservation /Historic/ Archaeological Resources: Soils and Septic Suitability: Schools: Urban Public Public Arrowhead and Southgate Park Carolina Bead Road and Sikes Drive New Hanover County South Bernards Creek (C;Sw) No known historic or archaeological resources 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 Bellamy Elementary, Codington Elementary, Myrtle Grove Middle, Ashley High Z -958, 4/16 Page 1 of 1 Board of Commissioners - May 2, 2016 ITEM: 12- 2 - 1 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 PLANNING BOARD ACTION: This application was heard at the April 14, 2016 Planning Board meeting. At the meeting, the Planning Board discussed the site design of the proposed development, specifically issues regarding the connection to, and extension of Sikes Drive. The Board voted 7 -0 to recommend approval of the rezoning, finding that it 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 has 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, because it provides 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. Further, the Planning Board voted 7 -0 to recommend approval of the companion Special Use Permit with the following condition: 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. Sikes Drive shall not be opened for access until a Certificate of Occupancy has been issued for the development. Z -958, (4/16) Board of Commissioners - May 2, 2016 ITEM: 12- 3 - 1 Pagel of 9 EXISTING CONDITIONS: Existine Zonine 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. Zoning -M MX C u R-1 0 Bf 20 GD R -15 .4i J r B `< s� R -15 13=1 CD ' Z -958 0 0 &I CD. SyF'� MF -L City of Wilmington 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. Z -958, (4/16) Board of Commissioners - May 2, 2016 ITEM: 12- 3 - 2 Page 2 of 9 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. Z -958, (4/16) Board of Commissioners - May 2, 2016 ITEM: 12- 3 - 3 Page 3 of 9 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. I C�'1Y \Tt' CEO ER CN Si LE EL GF e_ LG C- ;yIIF !fR K; F20� CSE� BELL 7E ASE —TS g MEAD \ 3 � srtc yy ci _ �- ��6 -2D�T SET-1 DE`EN 104 W/ 19 a1- WITH GATE MAIV iEI�.._NGE _ 11NDEV=LOF =D ^ ..ccE55 =-NJG YFRO\!D F�2C.NG? Gh 9A� 15T ST G4LRGH 5—E 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. Z -958, (4/16) Board of Commissioners - May 2, 2016 ITEM: 12- 3 - 4 Page 4 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 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 attractorfor 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 % to % 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. Z -958, (4/16) Board of Commissioners - May 2, 2016 ITEM: 12- 3 - 5 Page 5 of 9 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 approve the rezoning request • Motion to "table" the item in order to receive more information • Motion to deny the rezoning request Z -958, (4/16) Board of Commissioners - May 2, 2016 ITEM: 12- 3 - 6 Page 6 of 9 Example Motion for Approval: Motion to approve, as the Board of Commissioners find 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 consistentl. 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. 1. Example Motion for Denial: Motion to deny, as the Board of Commissioners find 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 consistentl. 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 approve, as the Board of Commissioners find 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, and because it provides for 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 approve 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 deny 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. Z -958, (4/16) Page 7 of 9 Board of Commissioners - May 2, 2016 ITEM: 12- 3 - 7 SPECIAL USE PERMIT: A Special Use Permit, in accordance with Section 71 of the Zoning Ordinance, shall be approved on a finding the applicant demonstrates the proposed use will meet the following: 1. The use will not materially endanger the public health or safety where proposed and developed according to the plan as submitted and approved; 2. The use will meet all required conditions and specifications of the Zoning Ordinance; 3. The use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity; and 4. The location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. Preliminary Staff Findings of Fact Finding 1: The Board must find that the use will not materially endanger the public health or safety where proposed and developed according to the plan as submitted and approved. A. Water and wastewater services 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. Z -958, (4/16) Board of Commissioners - May 2, 2016 ITEM: 12- 3 - 8 Page 8 of 9 Staff Suggestion: The evidence in the record of this time supports o 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 of this time supports o 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 approve, as the Board of Commissioners find that this request for a Special Use Permit complies with the four required findings of fact as detailed in the staff summary, 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. Sikes Drive shall not be opened for access until a Certificate of Occupancy has been issued for the development, or until Sikes Drive, from St. Andrews Drives to the subject property, has been accepted into the City of Wilmington's maintenance system. Z -958, (4/16) Board of Commissioners - May 2, 2016 ITEM: 12- 3 - 9 Page 9 of 9 D �.� N m I IN 00 m.. D W D IO tJ CJ ce F N V m � C � •O a N �) X7- "\ lIII l Il�l�l�l 11 � ui m m a$a aa............ E a a a a a 3 a m m m m m m m m m n n n n n n n n n n w w 0 c o °¢ ¢ � � o � � � � � � o o � 0 0 ° � � � � � � � o p � 0 0 0 0 0 0 0 0 0 a a a a a 'S5a55aaa�aa5a5555N >�s> < < < ° =gym > O c N _ T i d � N a O U C O y � d t 2 d � N � d rL O O ; N o0 d c � c N � U W m N V N d N � � O _ p y c a O O N u N a Y t 0 0 -0 -0 — m m m Q o a y o c N •- N V O U a d I o 00 o_ a of U N o O _CT.yq. L N Z ur �) X7- "\ lIII l Il�l�l�l 11 � m a$a aa............ a a a a a 3 a m m m m m m m m m n n n n n n n n n n w w 0 °¢ ¢ � � o � � � � � � o o � 0 0 ° � � � � � � � o p � 0 0 0 0 0 0 0 0 0 a a a a a 'S5a55aaa�aa5a5555N >�s> < < < ° =gym •� o a s.O a N ooM Sao, n 00 � m N to y G� Y ��P Board of Commissioners - May 2, 2016 ITEM: 12-4-1 Board of Commissioners - May 2, 2016 ITEM: 12-5-1 Board of Commissioners - May 2, 2016 ITEM: 12-6-1 Board of Commissioners - May 2, 2016 ITEM: 12-7-1 PROPOSED SITE PLAN Board of Commissioners - May 2, 2016 ITEM: 12- 8 - 1 NOLLON4ANO0 b0=1 O3SV919H lON ax se I1 34101/00 A M G H9Q4 V VWTOW H6➢{ON 'NWDHW7k H.: E. MOD GMER04W _ OCQGiIE 4(�04�7E�-0��f[[00]]C ^V�F7J�N]O99 l( Iv[ 1( J. 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II ul m m0 cry v7 ° I -A ° z u�� a Lmm m df I� Fr o dc� z� w Q a sc cn co U W W z z o w o oc3a o, m rZ a O Q 4 I C7 QO W a �-J p,i �F ti •-7 �F`41 . � zz � � uunnnnn�� r55 w � c7 3 U m m 5 W a 0 °z ° coo Q I, N MV qF zp ,wTi We z c5G p G4 i zy «.j �% �W 047' cC a7i ° rx w `, Q' II 0.W� .] •_TjpFp vrl� ,��, .] Lam-;" x r� II p aLm)q wrF N MOO UQ W F"Q FO `cIW III w Y llu 31 = w >- � I 7.-q c� a- Z Q J I Q O w r v 0 M F ,q W : r � Q V) [Vrj F o Ft: d) C� N� x cO W o wm =1Wi7C R d6 � Qw �I1ry�l voi o� °v a �oO w N Zz aF ,114 z WW? 28 tD WUW WW m0 w Z�w qq o a cxw rXp n zJZZJ LU u1� _J © .a 1~11QU 3U d WHO zov cw7 ch g:1 °WQW a w 4 _. �O Q fir 0UPCCa740 +a p >O N N cv m w U n 1 ~Y Q ° Q U m�OQ �z �z _L aitnH F~ 7Q JjU u w�OUOO��mW W ci 1�� pcF7 ° w w�awFV� n wA �¢z d�C DMZ Fzi7�m vt C W O ° cl) U W C7 CV F. N Ca ° 6' w 1 V] 4102 H1IWS 3A31S •AH 63110�d - 7MU- 3115- 609-5lg2 \Wll3ad 33J- x\9192 \W1�3Eld \7N 'N017N]W�]M 690 - 5102 \N70tl61d - 7N]ndb9 - Wb 99'LS'6 9l92/OE/E '931107d Board of Commissioners - May 2, 2016 ITEM: 12-9-1 APPLICANT MATERIALS Board of Commissioners - May 2, 2016 ITEM: 12- 10 - 1 a r_ NEW HANOVER COUNTY PLANNING & INSPECTIONS 1. %int Form 230 Government Contur Di* ive Suite 110 Wilmington, NC 28403 910 -798 -7165 phone 910- 798 -7053 fax Application for www.nhcgov.com CONDITIONAL USE ZONING DISTRICT Pe, kthmeir, Ili €elrim t; ProWly.Owner(s) %bjectProperty c 4f d &rrer t than Pefitio *er : !tame Qwaer Name Address Stephen Brock and Steve Boone Lawrence Lawson Heirs 4713 Carolina Beach Rd Company Owner Name 2 Parcel lU(s) Brock Ventures, Inc. (and partner) o Stephen Lawson ROIIOO- 003-009 -000 Address Address Area 116 Colonial Dr 4713 Schluter Rd 6.9 acres City, State, Zip City, State, Zip Existing Zoning and Use Wilmington, NC 28403 Ponder, TX 76259 R- 15/B -1; undeveloped Phone Phone Proposed Use 336.813.3697 940.231.5374 R -10 High Density; MF Apts Email Email Land Classification stephen@brockvi.com sjl.reno @gmail.com Urban Case Number Daternme r►eeeived: I Received by: I APPLICATION OVERVIEW In order to assist petitioners through the conditional use 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, conditional use zoning districts, and Special Lse Permits prior to submission, and advised to contact Planning Staff with any questions. The following sections of the Zoning Ordinance pertain specifically to zoning amendments, conditional use zoning districts, and Special Use Permits: • Section 55.3: Conditional Zoning Districts • Section 70: Objectives and Purposes of Special Use Permits • Section 71: General Requirements of Special Use Pen-nits • Section 72: Additional Restrictions .Imposed on Certain Special Uses • 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 snake 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. Page I of 5 04/14 Board of Commissioners - May 2, 2016 ITEM: 12- 11 - 1 APPLICATION OVERVIEW (continued) Unless otherwise published or announced, Planning Board meetings are held on the first Thursday of each month at 6:OOPM 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. APPLICATION REOUIREMENTS In order to assist petitioners through the process for a conditional use rezoning, 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 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 High Density Residential projects, a High Density :Residential application and High Density Checklist must also accompany this application. The New Hanover County Technical Review Committee (TRC) must also review a .High Density Residential project prior to submitting this application. For all proposals, in addition to this application, the following supplemental information and materials are required: F Kfterrc� int lrtnittina l Appllcatwt �►t$Ei 1 • ��...._ ". Iwtxal Inrtrai ,,,_..___ .. ._:_._..rte...._, -.. ... _ _. ..,. _._ ..._......_.___...._ Narrative of Proposed Use - Traffic Impact Worksheet Traffic Impact Analysis (if applicable) 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 pMp . Site Plan (8 -24x36 copies for Planning Board; 8 -2406 copies for Commissioners) • Tract boundaries and total area, location of adjoining parcels and roads • 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 shucture 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. • Development schedule including proposed phasing. • 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 interns] streets and location, arrangement and access provision for parking areas. • All existing and proposed easements, reservations, required setbacks. rights -of- way, buffering and signage • The one hundred (1.00) year floodplain line, if applicable • Location and sizing of trees required to be protected under Section 62 of the Zoning Ordinance • 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. Page 2 of 5 04/.14 Board of Commissioners - May 2, 2016 ITEM: 12- 11 - 2 Any other information that will facilitate review of the proposed change (Ref. Article VII, as applicable) Areport of the required public information meeting outlined in Section 111- 2.1.`' Authority for Appointment of A e it Form E lica.2!a_ Fee - For petitions involving 5 acres or less, `6600. For petitions involving greater than 5 acres, $704 r CRITERIA REQUIRED FOR APPROVAL OF A CHANGE OF ZONING Conditional Lse 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? The Coastal Area Management Plan identifies several goals (page 9) the proposed development would support. One goal of roviding safe, sanitary, and affordable housing would be met through this new multi- family community. A second goal of ,reserving, renovating, and restoring neighborhoods would be met by replacing this existing vacant lot and its abandoned uilding with a modern, professionally managed apartment complex that also includes significant undisturbed vegetative uffers along the east side of the property. A third goal of enhancing cooperation among all government agencies would be iet by supporting this proposed development that will meet the goals as set forth by the NC Housing Finance Agency. A fourth oal of growing average wages will be indirectly met by lowering housing costs and increasing disposable incomes of residents. 2. How would the requested zone change be consistent with the property's classification on the Land k- tassmcation e current designation in the Land Classification Map Is "Urban ". R -10 with High Density is inherently urban in nature. 3. What significant neighborhood changes have occurred to make the original zoning inappropriate, or how is to current zoning district is not inappropriate — there are several zoning district types that are all justifiable here. In this case, 10 with High Density is appropriate here as this is a prime, multi- family'transition property" between Hwy 17 /Carolina Beach I and the single family homes behind it. As well, there is multi- family product being developed on adjacent parcels. 4. List crocosed conditions and restrictions that would mitt ate the im acts of the pro2osed use (s). None known at this time. As a proposed residential use, there are no negative impacts to mitigate. The site will have adequate, engineered storm water controls. All setbacks and low density zones will be honored and not encroached. The secondary access via Sykes will mitigate traffic egress/ingress via Carolina Beach Rd. Page 3 of 5 04114 ................ Board of Commissioners - May 2, 2016 ITEM: 12- 11 - 3 CRITERIA REQUIRED FOR APPROVAL OF A SPECIAL USE PERMIT (As Outlined in Section 71 of the New Hanover County Zoning Ordinance) The applicant should explain, with reference to attached plans (where applicable), how the proposed use satisfies these requirements (please use additional pages if necessary). The applicant has the burden of proof and must provide sufficient evidence in order for the required findings to be met. Planning Staff, the Planning Board, and the Board of County Commissioners reserve the right to require additional information, if needed, to assure that the proposed Special Use Permit meets the following requirements: 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." e use is 100% residential and therefore not a risk to public health or safety. The plan will meet all local, state and federal uiiding codes, including certain Energy Star metrics. The buildings will be sprinklered for fire and have fire hydrants at required intervals. The drives will meet fire requirements for width, radii, etc. For access to Carolina Beach Rd, there will be a controlled stoplight route via Sykes and Mateo Dr. 1. 7'he Board must find "that the use meets all required conditions and specifications" of the Zoning Ordinance. are no known exceptions or variances to the required conditions and specifications of the Zoning Ordinance. All ements are met. This design was reviewed byTRC and will be reviewed again prior to building permits. .Board must find "that the use will not substantially injure the value of adjoining or abutting property or that the use is a current condition of the lot is a blight to the immediate area due to the abandoned house and sheds on site, which attract ials. The proposal eliminates this blight through development and being professionally managed once operational and is an enhancement for surrounding properties. It also greatly enhances the value of the southern adjacent lot by giving it a lic access route (Sykes) — it is currently land locked. As well, approximately one acre on the NE side of the parcel will be :veloped or open space. This unusually large buffer protects the adjacent single family homes. 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." The proposed plan is residential in nature, which is the most common general use in the immediate area. Being situated against Hwy 17.'Carolina Beach Rd, it is an appropriate, multi- family transition property leading to lower density, single family homes behind it The building designs will be attractive and very well built featuring broken up roof lines, fenestration, brick, and Energy Star rated windows — all features found In higher value communities, including the immediate area. Page 4 of 5 04/14 Board of Commissioners - May 2, 2016 ITEM: 12- 11 - 4 Section 72 of the Zoning Ordinance provides additional requirements for the following Special Use Permits. Please supplement your application with all, necessary material to meet any additional requirements if your use is any of the following: • Cemetery • Convenience Food Store • Hospital or Nursing and Personal Care Facilities • Private Club or Lodge and Fraternal and Social Organizations • Sanitary Landfill • Travel Trailer Park • Family Child Care .Home • Kennel • Mobile Home • Non - Residential Off - Street Parking • Commercial Marina • Septage and Sludge Disposal • Outdoor Shooting Ranges • Adult Entertainment Establishment • Indoor /Outdoor Recreation Establishments • Community Boating Facility • Residential Uses within Commercial Districts • Bed and Breakfast Inn • Electronic Gaming Operation • Farmers Market or Produce Stands in Residential Zoning Districts • Mining • High Density Development • Senior Living Options 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 to the best of my knowledge, information, and belief. Stephen Brock Signature of Petitioner and /or Property Owner Page 5 of 5 Board of Commissioners - May 2, 2016 ITEM: 12- 11 - 5 Print Name 04/14 Narrative of Proposed Use The proposed use is 100% residential -- 80 rental apartments and a clubhouse with a management office and amenities. The apartments will be garden style in 3 story walk -up buildings. The site will feature a fenced in playground and a gazebo with picnic /bbq grills. The clubhouse will feature an equipped fitness room, equipped computer room, management office, community room for meetings /social with kitchenette, two restrooms, postal kiosk, maintenance room, and laundry room. Parking will be 160 spaces (2 spaces /unit). The development will be professionally managed by a property management firm and an on -site, full time property manager (on call 24/7). Sykes Drive will be extended through the site, as required, and dedicated as a public right -of -way. A deceleration lane and bike /ped path will be added along Carolina Beach Rd. The site will meet all requirements for building permits and local zoning /development regulations. A tree survey will be provided and significant trees will be preserved or remediated, as necessary. The property will be affordable to workforce families earning up to 60% of Area Median Income. Board of Commissioners - May 2, 2016 ITEM: 12- 11 - 6 Traffic Impact Worksheet Prior to submission of nonresidential site plan, this worksheet must be prepared A Traffic Impact Analysis will be required for all projects generating 100 peak hour trips or more. The scope of the TIA shall be determined by concurrence of the Planning Director, the MPO coordinator and NCDOT traffic engineer. Any mitigation measures required must be included in the final site Plan submitted for review. PROJECT NAME PROJECT ADDRES S 41k-3 KE oPER/OWNER EXISTING ZONING GROSS FLOOR AREA sq. ft. NEAREST INTERSECTION BEFORE PROPOSED PROJECT Average Daily Traffic (Date) 2-'j -`A 3 (2, 15 LEVEL OF SERVICE (LOS) ITE MANUAL TRAFFIC GENERATION ESTIMATE: *ITE Manual Mailable at Planning Department / ,n USE AND VARIABLES:`_ vac 2� (Example: Racquet Club; 8 courts; Saturday peaks) AM PEAK HOUR TRIPS +\l PM PEAK HOUR TRIPS 5 (Traffic generation of 100peak hour trips will require Traffic Impact Analysis Scoping meeting with Planning Department) -�-=7 r-i - - -�q� Person Providing Estimate Signaturb ---'�� V M �cAr` t o `��- �i ice - l u +✓ J N 1 % -1P7^.=tb V Board of Commissioners - May 2, 2016 ITEM: 12- 11 - 7 Legal Description for 4713 Carolina Beach Rd -- approx. 6.9 acres PID: R07100-003-009-000 BUTNXING at a point• in tho Eastern line of State Highway 140 3.265 feet southwardly (as meosured slong, Lho eastern edge of the pavviaent on !.4,aid H'iO-1WAy At. rij.,11t, ftn�,rles, then turn to the point of beU. vinning ) froya the centtr of thf-4 ca- .tarn headwall of tho c ;ulvcrt accomodating tho waters of Barnard's Creek., the hail lu�-ginning point baring; the nouth- wqA,%t corner of T.ot 'N of the Divisiolk of Part of the i3iddlP Yands made by J. L. Becton, C. E., July 1934) and runs thence from said beginning point South 35 dew*ucs 40 minutes East with and along the Eastern line of said Highway 200 fact to the Northwe,%Lern corner of Lot #8; thence Korth S4 degree" 20 minutes Cast along , the dividing line between tracts 7 & 1400 fact to the back 1.1ac; thence Worth Ll degrees 55 minutes East with the back line aholit 250 f�-.ct more or I.Pas to the point that is exactly North 54 degs-uun 20 minutes Last 1620 ex feet frovi the point of bCAinni0g; thence South 54 der :€ Rairuite lieg t wi.tij a J,lile at right angles to Highway 140 and along the Snutisern I iae of Tract #6 a distance of 1620 fout to the point of beginalar., cantaining 6.9 acr", and being all of Tract f/ or vie, "-id subdivisiou of the Biddle Lands. Board of Commissioners - May 2, 2016 ITEM: 12- 11 - 8 4k 6 Board of Commissioners - May 2, 2016 ITEM: 12- 11 - 9 %lk 'v NPw Hanover Coun!y'Tax Map Parcel ID: R07100-003-009-000 Appr aCreS .0 ti43y „V. NEW HANOVER, COUNTY Cl PLANNING & INSPECTIONS AUTHORITY FOR # nr sn APPOINTMENT OF AGENT” Jai N N �Npm MAN 230 Government Center Drive suite 114 Wilmington, NC 28403 910798.7165 phone 910- 798 -7053 fax vvww.nhcgov,00rn , Please note that for quasi - judicial proceedings, either the land owner or an attorney must be present for the case at the public hearing. The undersigned owner does hereby appoint an authorized the agent described herein as their exclusive agent for the purpose of petitioning New Hanover County for a variance, special use permit, rezoning request, and/or an appool of Staff decisions applicable to'the property described in the attached petition The Agent is hereby authorized to, on behalf of the property owner: 1, submit a proper petition and the rewired supplemental information and materials 2. ,appeal at ,public tneetings to give representation and commitments on behalf of the property owner 3. Act on the property owner's behalf without limitations with regard to any and all things directly or indirectly connected with or arising out of any petition applicable to the New Hanover County Zoning Ordinance. This document was willfully executed on the day of 24 '� Z. Owner 1 Signature Owner 2 Signature Board of Commissioners - May 2, 2016 ITEM: 12- 11 - 10 PR 0 0,-M 1 !� Nam i Owner Name Addreee Stephen Brock Lawrence Lawson Heirs 4713 Carolina Beach Ad Com suq 8roo�Mantures, Inc, Owner Newel City $tpte,ZI W11MIngton, NO Address 116 Colonlal Dr 4713 chluter Rd Parcelp 100- 403 -009 -000 City state, ZI Wilrn npton. 0G 28408 City state Zi ponder, T�( 8258 33e.613.3697 940,2231.6374 Est ph n0brockvl.com Kunz Email sj1.rono@gme1l,00M can Number Yteierelnce: DaW"me r6celveds Received-by. This document was willfully executed on the day of 24 '� Z. Owner 1 Signature Owner 2 Signature Board of Commissioners - May 2, 2016 ITEM: 12- 11 - 10 01/07/2013 00:86 d � F 9404425231 STAPLES 1826 NEW HANOVER COUNTY PLANNING & INSPECTIONS AVT RORHY FOR PAGE 01 230 Oovemmemt Center Mve Suite t t o Wilmington, NC 28403 910- 798 -7165 pttorae 910-798-7053 fax wwW.nficsov -Gom )Please note tNt for quasi-judicial promo dings, eltheT dw nand owner or an attorney mint be present for the 4MW at the pUb ie bearing. The undersigned owners does hereby appoint an authorized the agent described hereju as their exclusive agent for the propose of pe6tiorri ng New Hanover county for 8 vexiance, special use permit, rezoning request, and/or an appeal of Staff deaislons Rpplic k to the property described in the attached petition, The Agent is booby aAorized to, on behalf of the property ownerr. I- Submit a proper petition and the required supplemental, info;rmatiorn Arad materials 2. Appeal At public meetiugs to give represmtstion and eornmitments on behalf of the property owner 3_ .Art on the property- ownez's behalf'vithuut Undtations with regard to any and all tl>liW directly or indirectly conneeted with or Rrisltrlg out of any petition applicable to the New Hanover County 7ogn Qg Ordinance- Tbas docummit was willfully executed on the 1 clay of November , 2015 ex b S# anue Owner 2 Signature Board of Commissioners - May 2, 2016 ITEM: 12- 11 - 11 01/07/2013 00 :08 1yi3'. x a� 9404425231 STAPLES 1826 NEW RAN0VF-R COUNTY PLANNING & WSPEC IONS AUTHOR 7T FOR APPOINTMENT OF .AGENT PAGE 01 230 Govemment Center Arrive suite 110 Wilmiugtnu. NC 28403 910-799-7165 phone 910- 798 -7053 fxx www.rthcgov.Gom please plote that for qumi- judicial p:roceedbgs, eithar the )and owner or an attoriuey must be present for the case at ft pub me hearing. The undersigned owner does bereby appoint an authorized the agent described herein as their exclusive agent for the purpose of petitioning New Hanover County for a variance, special use permit, rezoning request, and/or au appeal of Staff decisions applicable to the property described in the attached petition. The Agent is hereby authorized to, oa behalf of the property owner. 1. Submit a proper petition and the required supplemental infomation and mat "ia]s 2. Appeal at public meetings to give representWion Rod 00mmitments oia behalf of the property owner 3. ,Act on the propeny owner's behalf without limitations with regard to any cmd all thus directly or indirectly connected with or arising out of any petitions applicable to the Now Hanover County Zoning Ordinance, '1'bis document was willfully executed on the 1 - _ day of November 2 015 Owner 1 Suture Owner 2 5iguature Board of Commissioners - May 2, 2016 ITEM: 12- 11 - 12 01/07/2013 00:03 GowNTY .,1+ r z � a 3 is114t�� 9404425231 STAPLES 1826 NEW HANOVER COUNTY PLANN�NG & INSPECTIONS .AUTHORITY FOR APPOINTMENT OF AGENT PAGE 01 230 Gove ument Center Drive Slate 110 Wilauugtnn, NC 28403 910 -798 -7165 phone 910 -798 -7053 fix. W%IvAhcgov -com ]Please note that for quasi-judicial proceedings, either the land owner or an all omey thrust be present for the case at the public hearing. The undersigned owner does hereby appoint an authorized the agent described herein as their exclusive agent for the purpose of petitioning New Hanover County for a variance, special use permit, rezoning request, and/or an appeal of Staff" deelslQns applicable to fhe property described W the attaohW petiiiwo. the .A,gent is hereby autbor7zed to, an behalf of the property owner. 1. Submit a proper petition and the required supplemental information and materials 2. Appeal at public meetings to give representation and commitments on behalf of the proaex y owner 3. Act on the property owner's behalf vd hout limitations with regard to any and all things diamtly oy indirectly connected with or arising out of any petition applicable to the New Hanover Cowity ZoDfig Ordinance_ 1'eiIiiriaiiiiri':' .praert'Uwner(s) °ubect P�ria` E Name pwner Name A edrm Ste Bro ck phen Lawrence Lawson Heirs 4718 Carolina Beach Rd Omer Name 2 city, state, zip Brbok Ventures, Inc, gfon, NG p 0191 Colonia1-1) r 4713 Sc�3��hlluter rid 807100. 049 - 009-000 cf , staeC c city) st ��1 Wilmington, IV 28409 Pond©r, TX 76259 336.813,3697 40.2 1 .5374 EMU 9 �stephsn@bracicv1.00m eil.raannfpgrnailxorn C Nu atur Re arerxs . DaWTime reWred: Received by, This dolcument was wiill£i gy rm=ted nn the 1 day of November , 2015 0"er 2 Sig atwre I • v W� Board of Commissioners -May 2, 2016 ITEM: 12- 11 - 13 01/07/2013 00:00 w��QU�2 v • �, � O r � f r t ar •r�r +pisrrl5 9404425231 STAPLES 1826 NEE HANOZIER COUNTY PLANNING & INSPECTIONS A V JL HO ]R �f Y l' OLD APPOINTMENT T OF AGENT PAGE 03 230 Govem neat Center Wye Suite 110 Wijjningtbrt, NC 28403 910 -798 -7165 phone 910 - 798-7053 Pax www.ohogov.com Please note heat for qua -judicial p roeeeftgs, either the land owner or an attotruey mint be pre,5ent for the cane at the public hming. The undersigned owner does hereby appoint an authorized the agent desctlbed herein as their exolusive agent for the puTose ofpvtativning New Hanover County for a variance, special use permit, rezoning request, and/or ea appea] of Staff declslons applicable to the property described in the attached petition. The Agent is hmby authorized to, on behalf of the property owner: 1. Submit a proper petition and the requtmd supplemental infoma4tion and materials 2. Appeal at public meetings to give mpmentstion and opmmitmettts on behalf of the properly owner 3. ,Aot on the property owner's behalf without limiti6ons with aregurd to any and all tfdngs directly or indirectly connected with or arising out of any petition applicable to the New Hanover County Zonamg Ordinance. This document was willfully executed on the 1 day of November , 20 15 r 1 Signature �� 1— Omer 7 Simatore Board of Commissioners - May 2, 2016 ITEM: 12- 11 - 14 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 Board of Commissioners - May 2, 2016 ITEM: 12- 11 - 15 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 • 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, • Maintenance - full time property maintenance person and financial reserves established for long term repairs (roof, etc) Board of Commissioners - May 2, 2016 ITEM: 12- 11 - 16 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. S. 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. Board of Commissioners - May 2, 2016 ITEM: 12- 11 - 17 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: May 2, 2016 REGULAR DEPARTMENT: Planning PRESENTER(S): Ben Andrea, Current Planning & Zoning Supervisor (Planning Board Rep: Tamara Murphy) CONTACT(S): Ben Andrea; Ken Vafier, Planning Manager; and Chris O'Keefe, Planning /Inspections Director 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 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. This application was heard at the April 14, 2016 Planning Board meeting. At the meeting, the Board noted that the proposed development will be consistent with the surrounding area, and the traffic impact generated by it will be minimal and does not require a Traffic Impact Analysis (TIA). No one spoke from the public spoke in support or opposition to the request. The Planning Board voted 6 -0 (one member stepped out during this item and was not present to vote) to recommend approval of the rezoning with one condition, finding that the application 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: Board of Commissioners - May 2, 2016 ITEM: 13 1. Existing vegetation must remain within the required bufferyard and be supplemented as necessary to provide the 100% visual opacity requirements. 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: Motion to approve, as the Board of Commissioners 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. Condition: 1. Existing vegetation must remain within the required bufferyard and be supplemented as necessary to provide the 100% visual opacity requirements. ATTACHMENTS: Z -955 Script for BOC 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 Coversheet Z -955 Application Package COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval as presented by staff to include the proposed condition. Board of Commissioners - May 2, 2016 ITEM: 13 COMMISSIONERS' ACTIONS: The zoning was approved 5 -0. The special use permit with the recommended condition was approved 5 -0. Board of Commissioners - May 2, 2016 ITEM: 13 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 rebutta I. 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 A. 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 approve or deny 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 approve, as the Board of Commissioners 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. Condition: 1. Existing vegetation must remain within the required bufferyard and be supplemented as necessary to provide the 100% visual opacity requirements. Board of Commissioners - May 2, 2016 ITEM: 13- 1 - 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 Z -955, 4/16 Board of Commissioners - May 2, 2016 ITEM: 13- 2 - 1 Page 1 of 1 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 PLANNING BOARD ACTION: This application was heard at the April 14, 2016 Planning Board meeting. At the meeting, the Board noted that the proposed development will be consistent with the surrounding area, and the traffic impact generated by it will be minimal. No one spoke from the public spoke in support or opposition to the request. The Planning Board voted 6 -0 to recommend approval of the rezoning with one condition, finding that the application 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 required bufferyard and be supplemented as necessary to provide the 100% visual opacity requirements. 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. Z -955, (4/16) Board of Commissioners - May 2, 2016 ITEM: 13- 3 - 1 Pagel of 7 Zoning B -1 1 Ti R -1 S g -2 Z -955° 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. Z -955, (4/16) Board of Commissioners - May 2, 2016 ITEM: 13- 3 - 2 Page 2 of 7 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 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. Z -955, (4/16) Board of Commissioners - May 2, 2016 ITEM: 13- 3 - 3 Page 3 of 7 n/f 1 I- story/ 5000 a.f. I" lulti -uwr Bldg. `rr_rr Max. bldg Ngt - 15 su�surfp� e, s� Conceptual Site Plan V' 1 !j '"Im J \ {ro vrs.d abff r,.U- \ bOYN1P011 90" + 10' i�W46 rq q!d. 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 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 y y y y y y y y General Merchandise 23 w W W W w Aw Yc&- I"y1Mwr+j/� Vs�-f- Personal Services 10 y y y y W W W W W FYI r y y w w w *\4 noltig4,61 w I v %.palinputiop W W Y W w �' y •l�D' - '�6}'� W W � W W w w w W W W w w Nk W *Existing - w y y 'this ba tre&irw UUVV 1 th 6o Wlaftyundibturbed ��� Paci • 53-44'49" W y W �.� .+ti+elosur 10 12 ,<a .�I n/f 1 I- story/ 5000 a.f. I" lulti -uwr Bldg. `rr_rr Max. bldg Ngt - 15 su�surfp� e, s� Conceptual Site Plan V' 1 !j '"Im J \ {ro vrs.d abff r,.U- \ bOYN1P011 90" + 10' i�W46 rq q!d. 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 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 Z -955, (4/16) Board of Commissioners - May 2, 2016 ITEM: 13- 3 - 4 Page 4 of 7 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. Land Use Plan Classification -y �ORrq � Jw p Transition Z -955 T' g Conservation Area Off€ .`0- A AIRPORT 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. Z -955, (4/16) Board of Commissioners - May 2, 2016 ITEM: 13- 3 - 5 Page 5 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, 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: 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 approve of the petitioner's application • Motion to "table" the application in order to receive more information • Motion to deny of the petitioner's application based on specific reasons Example Motion for Approval: Motion to approve, as the Board of Commissioners 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 consistentl. 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. I. Z -955, (4/16) Board of Commissioners - May 2, 2016 ITEM: 13- 3 - 6 Page 6 of 7 Conditions: [List any agreed upon conditions] Example Motion for Denial: Motion to deny, as the Board of Commissioners 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 consistentl. 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 approve, as the Board of Commissioners 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. Condition: 1. Existing vegetation must remain within the required bufferyard and be supplemented as necessary to provide the 100% visual opacity requirements. 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N Z ocmi F O F c 0 w "i 'm F U v WJ a) s V) J � � Z M Z � V Uv N � � Z a O Q U 3 O" _ U Q CL U p N N O s r N N •�) x z 3 o z � ��o q Q _ o 3 ~ APPLICANT MATERIALS Board of Commissioners - May 2, 2016 ITEM: 13- 10 - 1 NEW HANOVER COUNTY PLANNING & INSPECTIONS Application for Print For 230 Government Center Drive Suite 110 Wilmington, NC 28403 910 - 798 -7165 phone 910 - 798 -7053 fax www.nhcgov.com CONDITIONAL ZONING DISTRICT Petitioner Information Property Owner(s) Subject Property If different than Petitioner Name Owner Name Address Cindee Wolf Mildred Wolff Futch etal 2715 N. 23rd Street Company Owner Name 2 Parcel ID(s) Design Solutions 312918.41.6179 Address Address Area PO Box 7221 128 Long Leaf Drive 1.95 ac. +/- City, State, Zip City, State, Zip Existing Zoning and Use Wilmington, NC 28406 Wilmington, NC 28401 R -15 / Vacant Phone Phone Proposed Use 910 - 620 -2374 910 - 793 -4769 / Cynthia Smith B -1 (CD) /Commercial Bldg. Email Email Land Classification cwolf @lobodemar.biz csstringaddict301 @gmail.com Transition Application Case Number Date /Time received: Received by: 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:OOPM 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. Board of Corn '"T May 2, 2016 ITE : 13- 11 - 1 04/14 APPLICATION REOUIREMENTS 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 Staff Initial 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. r n Site Plan (8 -2406 copies for Planning Board; 8 -2406 copies for Commissioners) • Tract boundaries and total area, location of adjoining parcels and roads • 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. • Development schedule including proposed phasing. • 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. • All existing and proposed easements, reservations, required setbacks, rights -of -way, buffering and signage • The one hundred (100) year floodplain line, if applicable • Location and sizing of trees required to be protected under Section 62 of the Zoning Ordinance • 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. • 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. for Appointment of Agent Form if applicable) -Authority Fee - For petitions involving 5 acres or less, $600. For petitions involving greater than 5 acres, $700 Page 2 of 3 Board of Commissioners - May 2, 2016 04/14 ITEM: 13- 11 - 2 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): .. How would the requested change be consistent with the County's Policies for Growth and Development? Policies for growth encourage continued efforts to attract & retain businesses. The proposal is to develop a small commercial building along a a busy commercial thoroughfare lined with other commercial uses. Extending the B -1 business zone, but with conditional regulations is consistent with the concept of in- filling parcels where urban services are available. 2. How would the requested zone change be consistent with the property's classification on the Land Classitication Map? The site is in a "Transition" land classification. The Transition classification is intended for more intensive development where urban services are already in place. 3. What significant neighborhood changes have occurred to make the original zoning inappropriate, or how is the land involved unsuitable for the uses 2ermitted under the existing zoning? N. 23rd Street is a busy thoroughfare. Single - family residential use of lands immediately bordering it has become generally undesirable. The properties to both the North & West of the subject tract are already zoned for business uses. Rezoning this property for a low- impact business use would be logical. 4. List proposed conditions and restrictions that would mitigate the impacts of the proposed use(s). The trip generation for a small commercial building such as proposed would not add a significant amount of traffic to the corridor. Reference the site plan layout & notes for proposed conditions. Fencing & a bufferyard will mitigate any impacts to the residential uses to the South. Streetyard & interior plantings will meet the landscape requirements & add to the visual appeal of the project. 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 to the best of my knowledge, information, and belief. osl�alrc� Signature of Petitioner and /or Property Owner Print Name Page 3 of 3 Board of Commissioners - May 2, 2016 04/14 ITEM: 13- 11 - 3 Print Forrri NEW HANOVER COUNTY 230 Government Center Drive PLANNING & INSPECTIONS Suite 110 Wilmington, NC 28403 910 - 798 -7165 phone AUTHORITYFOR 910- 798 -7053 fax APPOINTMENT OF AGENT www.nhcgov.com Please note that for quasi-judicial proceedings, either the land owner or an attorney must be present for the case at the public hearing. The undersigned owner does hereby appoint an authorized the agent described herein as their exclusive agent for the purpose of petitioning New Hanover County for a variance, special use permit, rezoning request, and /or an appeal of Staff decisions applicable to the property described in the attached petition. The Agent is hereby authorized to, on behalf of the property owner: 1. Submit a proper petition and the required supplemental information and materials 2. Appeal at public meetings to give representation and commitments on behalf of the property owner 3. Act on the property owner's behalf without limitations with regard to any and all things directly or indirectly connected with or arising out of any petition applicable to the New Hanover County Zoning Ordinance. Agent Information Property Owner(s) Subject Property Name Owner Name Address Cindee Wolf Mildred Wolff Futch etal 2715 N. 23rd Street Company Owner Name 2 City, State, Zip Design Solutions Wilmington, NC Address Address Parcel ID P.O. Box 7221 128 Longleaf Drive 312918.41.6179 City, State, Zip City, State, Zip Wilmington, NC 28406 Wilmington, NC 28401 Phone Phone 910- 620 -2374 910- 762 -3518 Email Email cwolf@lobodemar.biz Application Tracking Information (Staff Only) Case Number Reference: Date/Time received: Received by: This document was willfully executed on the day of 'M� , 20 1(.0 Owner 1 Signature Board of Commissioners - May 2, 2016 04/14 ITEM: 13- 11 - 4 ir -IN ' ■:' 1'. p F*% _4 a �a I &4.o dw r 'Y �e N 2 Z U) — 7 , I low, _ ^.' . .w.i a. Ar II i °, ■, fro 1L - a 't � Pte• L _ .A .R �3_ o lssioners - May 2,-2 _ _ AA 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 83 044'49" West, 605.38 feet to a point; thence, North 17 031'42" 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. Board of Commissioners - May 2, 2016 ITEM: 13- 11 - 6 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 Mara OT Tommissioners ay 2, ITEM: 13- 11 - 7 Community Information Meeting Stone Commercial Building Tuesday, March 1, 2016 Name Address Email (Optional) A � 13/ � CyNTHi -a Z3o G oJ�✓e,��i Cz...s���. 1105 Board of Commissioners - May 2, 2016 ITEM: 13- 11 - 8 Adjacent Property Owners' List - 2715 N. 23rd St. Owner BECKLEE PLACE INC BECKLEE PLACE INC BRYAN WILLIAM J SH ELBA J BRYAN WILLIAM J SHELBA J BRYAN WILLIAM JENNINGS SHELBA SMITH BUSSIERE MICHAEL ASHLEY CAUDELL BENJAMIN C II CAUDELL BENJAMIN C II CLEMMONS ROBERT L DUNCAN HOLDINGS LLC EARL M STEVENS LIVING TRUST EARL M STEVENS LIVING TRUST EDWARDS LESTER R SUZANNE B FILE NANCY JACKSON FUTCH MILDRED WOLFF ETAL GERHART JEFFREY MARK GORE STEPHEN A SR HALL SCOTT BEVERLY HEITMAN HENRY THOMAS PEYTON A HUFHAM KAREN COATES HUNOBY HOMES LLC HUNOBY HOMES LLC LUCAS MILLARD MICHAEL MARTIN LEWIS G JUSSARA T BASTOS MCGOWAN CALVIN DIANE MCGOWAN CALVIN L POPE WADE & REGISTER RF SCHMIDT ROBERT SECRETARY OF HUD SHAFER ELIZABETH A SOUTHEASTERN FREIGHT LINE SOUTHEASTERN FREIGHT LINES INC STRICKLAND HOLDINGS LLC STRICKLAND JAMES RJR SUSAN EDWARDS STRICKLAND JAMES R VIRGINIA M TILMON THOMAS E SANDRA R WILLIAMS CARPET OUTLET LLC WILLIAMS CARPET OUTLET LLC WILLIAMS PATRICIA WILLIAMS PATRICIA A WITTSTEIN JUDY ROSS Owner—Address 10014 CHAPEL HILL RD A 10014 CHAPEL HILL RD A 131 GORDON RD 131 GORDON RD 131 GORDON RD 136 GORDON RD 133 GORDON RD 133 GORDON RD 125 HAMPTON RD N 2728 23RD ST N 128 GORDON RD 128 GORDON RD 109 FOREST LN 132 GORDON RD 128 LONG LEAF DR 129 GORDON RD 320 ISLAND CREEK DR 609 PINE VALLEY DR 127 GORDON RD 1735 CASTLE HAYNE RD 1908 EASTWOOD RD #319 1908 EASTWOOD RD SUITE 319 1716 CASTLE HAYNE RD 1731 CASTLE HAYNE RD 7317 GRAY GABLES LN 7317 GRAY GABLES LN 2619 COLLEGE RD N 7402 LUCKY FISH LN 451 7TH ST 112 LONG LEAF DR PO BOX 1691 420 DAVEGA COV 200 PALMETTO RD 200 PALMETTO RD 200 PALMETTO RD 119 GORDON RD 1808 CASTLE HAYNE RD 1808 CASTLE HAYNE RD 1808 CASTLE HAYNE RD 1808 CASTLE HAYNE RD 1801 CASTLE HAYNE RD Board of Commissioners - May 2, 2016 ITEM: 13- 11 - 9 Owner_City MORRISVILLE, NC 27560 MORRISVILLE, NC 27560 WILMINGTON, NC 28401 WILMINGTON, NC 28401 WILMINGTON, NC 28401 WILMINGTON, NC 28405 WILMINGTON, NC 28401 WILMINGTON, NC 28401 WILMINGTON, NC 28409 WILMINGTON, NC 28401 WILMINGTON, NC 28401 WILMINGTON, NC 28401 WILMINGTON, NC 28401 WILMINGTON, NC 28401 WILMINGTON, NC 28401 WILMINGTON, NC 28401 WILMINGTON, NC 28411 WILMINGTON, NC 28412 WILMINGTON, NC 28405 WILMINGTON, NC 28401 WILMINGTON, NC 28403 WILMINGTON, NC 28403 WILMINGTON, NC 28401 WILMINGTON, NC 28401 WILMINGTON, NC 28403 WILMINGTON, NC 28403 WILMINGTON, NC 28405 WILMINGTON, NC 28411 WASHINGTON, DC 20410 LELAND, NC 28451 COLUMBIA, SC 29202 LEXINGTON, SC 29073 WILMINGTON, NC 28401 WILMINGTON, NC 28401 WILMINGTON, NC 28401 WILMINGTON, NC 28401 WILMINGTON, NC 28401 WILMINGTON, NC 28401 WILMINGTON, NC 28401 WILMINGTON, NC 28401 WILMINGTON, NC 28401 Desigv� Solutiov�s 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 15`, 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 cwolfaa 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. P.O. 13ox 7221, WilmivLgtovL, NC 28406 * TelepkovLe: 910 -620 -2374 * Email: cwolf@lobodemar.biz Board of Commissioners - May 2, 2016 ITEM: 13- 11 - 10 4 ay :a A a y e� .nn 3 ? V/ 3 nj �d TJ `° > yob z �8E m z ° z m c c cm � , / W [J m N6 c �I Jb`\G Z U1 NO oj� a mm 3 3N d 2 �m m �j'c in •� `o O a m Z 3 Ot m Nip[ M _ L N � � z .. �� c U vl �cn �9 m 3 1 a- v U +� CL 1 a N � n U L_ m O 0.3 m N 0 � Q 8 0. ri a (d . e m +i ° 1 Q 1 0 L i N Q a 1 TN Q N N u ilg 67-c-'s m u ° -a L a a'"a o Q 3= Z? L c J nU _ . L/ o " a No L U o x0- QF � N F w U z o caissione 3 m N�> a = Board f Commrs - Ma 2 2016 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: May 2, 2016 REGULAR DEPARTMENT: Planning PRESENTER(S): Brad Schuler, Current Planner (PB Rep: Tamara Murphy) CONTACT(S): Brad Schuler; Ben Andrea, Current Planning & Zoning Supervisor; Chris O'Keefe, Planning & Inspections Director 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) 0&1, Conditional Office and Institutional District, in Order to Develop a Commercial /Office Building BRIEF SUMMARY: The property is classified as Transition according to the 2006 CAMA Land Use Plan. 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. The proposed district will limit the allowable uses to ones that do not generate more than 100 peak hour trips, and therefore a Traffic Impact Analysis was not required to be completed. 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. This application was heard at the April 14, 2016 Planning Board meeting. At the meeting, the Board received comments from one individual regarding if certain nearby developments were included in the Traffic Impact Analysis conducted for the Hanover Lakes subdivision, and the Board discussed ways to mitigate any potential impacts the proposed development may have on the surrounding residential area. The Planning Board voted 7 -0 to recommend approval of the rezoning with conditions, finding that the application 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 Board of Commissioners - May 2, 2016 ITEM: 14 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. 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. 2. The development shall comply with all provisions of an approved NCDOT driveway permit prior to issuance of the Certificate of Occupancy. 3. Freestanding signage shall be limited to monument signs, in that the sign must have a support structure that is a solid - appearing base constructed of a permanent material, such as concrete block or brick. Freestanding signs supported by poles and any flashing, digital signs shall be prohibited. 4. Existing vegetation must remain within the bufferyards and be supplemented as necessary to provide the 100% visual opacity requirement. 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: Motion to approve, as the Board of Commissioners 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: 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. 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. 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. 2. The development shall comply with all provisions of an approved NCDOT driveway permit prior to issuance of the Certificate of Occupancy. 3. Freestanding signage shall be limited to monument signs, in that the sign must have a support structure that is a solid - appearing base constructed of a permanent material, such as concrete block or brick. Freestanding signs supported by poles and any flashing, digital signs shall be prohibited. 4. Existing vegetation must remain within the bufferyards and be supplemented as necessary to provide the 100% visual opacity requirement. Board of Commissioners - May 2, 2016 ITEM: 14 Z -953 Script for BOC Z -953 Petition Summary Z -953 Staff Summary BOC 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 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval as presented by staff to include the proposed conditions. COMMISSIONERS' ACTIONS: Approved 5 -0 with the conditions recommended by the Planning Board. Board of Commissioners - May 2, 2016 ITEM: 14 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) 081, 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 rebutta I. 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 A. 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 approve or deny 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 approve, as the Board of Commissioners find 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. Board of Commissioners - May 2, 2016 ITEM: 14- 1 - 1 Conditions: 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. 2. The development shall comply with all provisions of an approved NCDOT driveway permit prior to issuance of the Certificate of Occupancy. 3. Freestanding signage shall be limited to monument signs, in that the sign must have a support structure that is a solid- appearing base constructed of a permanent material, such as concrete block or brick. Freestanding signs supported by poles and any flashing, digital signs shall be prohibited. 4. Existing vegetation must remain within the bufferyards and be supplemented as necessary to provide the 100% visual opacity requirement. Board of Commissioners - May 2, 2016 ITEM: 14- 1 - 2 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 Z -953, 4/16 Page 1 of 1 Board of Commissioners - May 2, 2016 ITEM: 14- 2 - 1 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 PLANNING BOARD ACTION: This application was heard at the April 14, 2016 Planning Board meeting. At the meeting, the Board discussed ways to mitigate any potential impacts the proposed development may have on the residential dwellings in the area. The Planning Board voted 7 -0 to recommend approval of the rezoning with conditions, finding that the application 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. Conditions: 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. 2. The development shall comply with all provisions of an approved NCDOT driveway permit prior to issuance of the Certificate of Occupancy. 3. Freestanding signage shall be limited to monument signs, in that the sign must have a support structure that is a solid- appearing base constructed of a permanent material, such as concrete block or brick. Freestanding signs supported by poles and any flashing, digital signs shall be prohibited. 4. Existing vegetation must remain within the bufferyards and be supplemented as necessary to provide the 100% visual opacity requirement. Z -953, (4/16) Board of Commissioners - May 2, 2016 ITEM: 14- 3 - 1 Pagel of 9 EXISTING CONDITIONS: Existine Zonine 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. Existing Site Conditions The property proposed to be rezoned is currently undeveloped. Z -953, (4/16) Board of Commissioners - May 2, 2016 ITEM: 14- 3 - 2 Page 2 of 9 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) 0&1, 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. 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) 0&1 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 Z -953, (4/16) • 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 Board of Commissioners - May 2, 2016 ITEM: 14- 3 - 3 Page 3 of 9 • 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. ■ r■ ■ � aM Esa — — ■ a a Q2ln 01 WETL+NOS - \ -- Jltym "� I I I I ■ 6� JR-1 49 rt ice} I� i 9 ---- - - - - -- $ Conceptual Site Plon r i' rve�Lialo iIH1E I I 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 Z -953, (4/16) Board of Commissioners - May 2, 2016 ITEM: 14- 3 - 4 Page 4 of 9 Potential Zoning Uses & Corresponding Traffic Trip Generation Calculations Permitted Zoning Use in O &I 1 Code lArea for Use JAM Peak Trips PM Peak Trips Antenna & Towers less than 70' ht & Ancillary to Principal Use NIA 0 0 0 Cellular & PCS Antennas NIA 0 0 0 Amateur Radio Antennas ( up to 90') NIA 0 0 0 Barber /Beauty Shop 918 12,970 sf 0 25 Business Services Including Printing 867 12,970 sf 0 44 Parks & Recreation Area 412 2.2 ac 1 1 Adult Day Care 260 2.2 ac 29 24 Child Care Center 565 7,100 sf 96 99 Hospital (Medical - Dental Office) 720 12,970 sf 51 58 Residential Care 252 26 units 2 3 Libraries 590 11,250 sf 64 99 Museums 560 12,970sf 5 2 Churches 560 12,970 sf 17 22 Labor Organizations 591 100 members 3 3 ccessory Buildings or Uses, clearly incidental to the Permitted Use or Building NIA 0 0 0 Christmas Tree Sales NIA 0 0 0 Evangelistic and Religious Assemblies not Conducted at a Church NIA 0 0 0 Government Offices & Buildings 730 9,000 sf 53 99 Offices for Private Business & Professional Activities 710 12,970 sf 37 93 Pumpkin Sales NIA 0 0 0 Principal Use Sign NIA 0 0 0 Single Family Dwelling 210 6 16 9 Single Family Dwelling - Attached 230 6 5 40 Special Fund Raising for Non Profit Organizations NIA 0 0 0 Temporary Sign NIA 0 0 0 1 i 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 Level 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:// Iaserfiche .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. 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. Z -953, (4/16) Board of Commissioners - May 2, 2016 ITEM: 14- 3 - 5 Page 5 of 9 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 attractorfor 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 one story and have a height of 20 feet, and therefore it does not conflict with the Community Mixed Use Place Type. Z -953, (4/16) Board of Commissioners - May 2, 2016 ITEM: 14- 3 - 6 Page 6 of 9 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 0&1 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 approve the petitioner's application [with or without agreed upon conditions] • Motion to "table" the application in order to receive more information • Motion to deny the petitioner's application based on specific reasons Z -953, (4/16) Board of Commissioners - May 2, 2016 ITEM: 14- 3 - 7 Page 7 of 9 Example Motion for Approval: Motion to approve, as the Board of Commissioners find 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 consistentl. 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. 1. Conditions: [List any agreed upon conditions] Example Motion for Denial: Motion to deny, as the Board of Commissioners find 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 consistentl. 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 approve, as the Board of Commissioners find 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: 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. Conditions: 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. The development shall comply with all provisions of an approved NCDOT driveway permit prior to issuance of the Certificate of Occupancy. Z -953, (4/16) Board of Commissioners - May 2, 2016 ITEM: 14- 3 - 8 Page 8 of 9 3. Freestanding signage shall be limited to monument signs, in that the sign must have a support structure that is a solid- appearing base constructed of a permanent material, such as concrete block or brick. Freestanding signs supported by poles and any flashing, digital signs shall be prohibited. 4. Existing vegetation must remain within the bufferyards and be supplemented as necessary to provide the 100% visual opacity requirement. Z -953, (4/16) Board of Commissioners - May 2, 2016 ITEM: 14- 3 - 9 Page 9 of 9 N m 1 Q 0/ In Q Ol N � m h i O �= N O N ui N V c O G \ a_ N ai s O `y d N E O G u CL d N d C 1 \ •2 Q If1 O ; N d L c c N W V N C •y m 20 � � C O C U N —? -01 V3 \\\ v K K K K K K K K K K a L z z z o 0 0 0 0 0 o z o 0 o z o z z o z z o z o 0 v > > > ¢ ¢ ¢ ¢ ¢ ¢ ¢ > ¢ ¢ > ¢ > > ¢ > > > ¢ u 2 2 2 9 9 0 0 2 D D z 2 D 2 2 2 2 z 2 O a w w w¢¢¢ w w w w w w w w d w v N M M ¢ ¢ ¢ M M M M M M M M M LL t¢ ¢ ¢ U O] 07 07 07 ¢ m M .--I ¢ U O m ¢ ¢ m ¢ ¢ M ¢ m U U w� 0 .�-I O O O U O D U O D U M U .M-I O d N � O .--I .--I •--I •--I .--I `--� `--� M •--I •--I N •~-I Q O .--I N ON N •--I IA r N N N N N N N N N N S M 7 V1 tD n W M .--I .N-I .M-I Ln QD .^-I 00 M 0 W Y a 1, O Board of Commissioners - May 2, 2016 ITEM: 14-4-1 M N O� N O O O N a d Y d V � � � T CIO a Q o = d M I o d U N o KGu:yq\ N I � =� I •d a I u I \\\ v K K K K K K K K K K a L z z z o 0 0 0 0 0 o z o 0 o z o z z o z z o z o 0 v > > > ¢ ¢ ¢ ¢ ¢ ¢ ¢ > ¢ ¢ > ¢ > > ¢ > > > ¢ u 2 2 2 9 9 0 0 2 D D z 2 D 2 2 2 2 z 2 O a w w w¢¢¢ w w w w w w w w d w v N M M ¢ ¢ ¢ M M M M M M M M M LL t¢ ¢ ¢ U O] 07 07 07 ¢ m M .--I ¢ U O m ¢ ¢ m ¢ ¢ M ¢ m U U w� 0 .�-I O O O U O D U O D U M U .M-I O d N � O .--I .--I •--I •--I .--I `--� `--� M •--I •--I N •~-I Q O .--I N ON N •--I IA r N N N N N N N N N N S M 7 V1 tD n W M .--I .N-I .M-I Ln QD .^-I 00 M 0 W Y a 1, O Board of Commissioners - May 2, 2016 ITEM: 14-4-1 M N O� N O O O Board of Commissioners - May 2, 2016 ITEM: 14-5-1 0 0 OI N 0 05 Q Q Q III ^��IjjYIIII �w - - - - r Qr Q ,.. 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NORTII CAROLINA (���� ��" -'��i VITT )i5F)��i N;_li:nuc .12x45 �2T RACwe DRIVE, sulTe 2oi WILMINGTON, NORTH CAROLINA 28403 ITEMV149 �1 APPLICANT MATERIALS Board of Commissioners - May 2, 2016 ITEM: 14- 10 - 1 NEW HANOVER COUNTY PLANNING & INSPECTIONS Print Form 230 Government Center Drive Suite 110 Wilmington, NC 28403 910 - 798 -7165 phone 910- 798 -7053 fax Application for www.nhcgov.com CONDITIONAL ZONING DISTRICT Petitioner Information Property Owner(s) Subject Property If different than Petitioner Name Owner Name Address Edward H. Clark Same as Petitioner 2111 Castle Hayne Road Company Owner Name 2 Parcel ID(s) Hanover Lakes, LLC R04100- 001 -026 -000 Address Address Area 127 Racine Drive, Suite 201 2.20 acres City, State, Zip City, State, Zip Existing Zoning and Use Wilmington, NC 28403 R-1 5/Vacant Phone Phone Proposed Use 910 - 350 -1744 0&1 (Commercial /Office) Email Email Land Classification heath.clark @billclarkhomes.com Transition Application Tracking Information (Staff0itti) Case Number Dateffime received: Received by: Z -1 s_3 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:OOPM 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. Page 1 of 3 Board of Commissioners - May 2, 2016 04/14 ITEM: 14- 11 - 1 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 j Staff Initial Copy of the New Hanover County Tax Map, which delineates the property requested for rezoning. g5 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) g ; • Tract boundaries and total area, location of adjoining parcels and roads rj � • 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. • Development schedule including proposed phasing. • 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. • All existing and proposed easements, reservations, required setbacks, i rights -of -way, buffering and signage I • The one hundred (100) year floodplain line, if applicable • Location and sizing of trees required to be protected under Section 62 of the Zoning Ordinance • 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. • Any other information that will facilitate review of the proposed change i Ref. Article VII, as applicable) A report of the required public information meeting outlined in Section 111 -2.1. $5 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 �5 Page 2 of 3 Board of Commissioners - May 2, 2016 04/14 ITEM: 14- 11 - 2 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 fmdings 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 Coup 's Policies for Growth and Development? See attached sheet 2. How would the requested zone change be consistent with the property's classification on the Land 3. What significant neighborhood changes have occurred to make the original zoning inappropriate, or how is 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 to the best of my knowledge, information, and belief. Signature of Petitioner and /or Property Owner Print Name Page 3 of 3 Board of Commissioners - May 2, 2016 04/14 ITEM: 14- 11 - 3 HANOVER LAKES COMMERCIAL TRACT Supplemental Application Information Conditional Zoning District Application — Criteria Required for Approval of a Change of Zoning 1. How would the requested change be consistent with the County's Policies for Growth and Development? According to the New Hanover County Future Land Use Map, found at www.plannhc.com, this area is intended for Community Mixed Use. Currently, there is a mixture of residential and businesses in the vicinity of the site. Adding a commercial office site will fit into the surrounding existing development as well as potentially offer neighborhood related services that benefit the surrounding residents. This proposed use fits well with the future goal of Community Mixed Use. 2. How would the requested zone change be consistent with the property's classification on the Land Classification Map? According to the land classification map, this property is a "Transition" property. The CAMA plan states that the purpose of the transition class is "to provide for future intensive urban development on lands that have been or will be provided with necessary urban services." This zoning request provides for a development consistent with a transition use designation and will fit into the existing framework of the Castle Hayne Rd. corridor. The proposed commercial office use is easily accessible to both neighboring businesses and residents as well as close to more intensive urban development, especially downtown Wilmington. The area has recently been provided utilities from CFPUA and there is direct and easy access to a major road, with Martin Luther King Jr Parkway less than 1.5 miles away and accessible from either Castle Hayne Road or N. 23rd Street. 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? This tract of land was previously part of the Hanover Lakes Subdivision, however it's separated from the rest of the development by a large piece of wetlands, making it nearly impossible to access from inside the subdivision. Since it is non - contiguous with the rest of the residential lots and can't be developed as part of the neighborhood, it would have been left as unusable space. As an alternative, the developer felt it would be more beneficial to the proposed subdivision and fitting with the context of the community to provide a commercial office use within close driving or walking distance of their homes. 4. List proposed conditions and restrictions that would mitigate the impact of the proposed use(s). A high number of the surrounding parcels adjacent to Castle Hayne Road are zoned B -1 and B -2 with a few 0&1 properties, so this proposed 0&1 tract will be a less intensive zoning than many of the nearby properties along this road. While the addition of a commercial /office property is consistent with the current pattern of development in the area, many of the uses within 0&1 development are not appropriate for this property either because they will generate too much traffic for the area or the site is not well suited to the use. Those prohibited uses to be approved with the conditional rezoning site plan are listed on the plan. Board of Commissioners - May 2, 2016 ITEM: 14- 11 - 4 NEW HANOVER COUNTY PLANNING & INSPECTIONS !k'- AUTHORITY FOR APPOINTMENT OF AGENT Print Form 230 Government Center Drive Suite 110 Wilmington, NC 28403 910 - 798 -7165 phone 910 - 798 -7053 fax www.nhcgov.com Please note that for quasi - judicial proceedings, either the land owner or an attorney must be present for the case at the public hearing. The undersigned owner does hereby appoint an authorized the agent described herein as their exclusive agent for the purpose of petitioning New Hanover County for a variance, special use permit, rezoning request, and/or an appeal of Staff decisions applicable to the property described in the attached petition. The Agent is hereby authorized to, on behalf of the property owner: 1. Submit a proper petition and the required supplemental information and materials 2. Appeal at public meetings to give representation and commitments on behalf of the property owner 3. Act on the property owner's behalf without limitations with regard to any and all things directly or indirectly connected with or arising out of any petition applicable to the New Hanover County Zoning Ordinance. Agent Information Property Owner(s) Subject Property Name Owner Name Address Dan Weeks /Allison Engebretson Edward H. Clark 2111 Castle Hayne Road Company Owner Name 2 City, State, Zip Paramounte Engineering, Inc. Wilmington, NC 28401 ?address Address Parcel ID 5911 Oleander Drive, Suite 201 127 Racine Drive, Suite 201 R04100 -001- 026 -000 City, State, Zip City, State, Zip Wilmington, NC 28403 Wilmington, NC 28403 Phone Phone 910 -791 -6707 910- 350 -1744 Email Email aengebretson @paramounte - eng.com heath.clark @billclarkhomes.com Case Number Reference: Date/rime received: Received by: This document was willfully executed on the P day of 1 #i ce. , 20J- -6 CED Owner 1 Signature Owner 2 Signature Board of Commissioners - May 2, 2016 09/14 ITEM: 14- 11 - 5 U) O � co � � » O C cu il■ El � k k/ § ® « t & § . §§ waf k[R ) K§ v 20 6 I� ; k k 0 0 !J El § ® « t & § . waf k[R 3 I� PARAM- OUNTE E N Ca 1 N E E m t N G 1 N C March 9, 2016 Hanover lake Commercial Tract 1 Castle Hayne Rd - [`S Iiw1 117 New Hanover County, .W All that tract or parcel of land located in Cape Fear "lownship, Newv Hantiver County, and State of North Carc)li)7 a; being part of the parcel of land conveyed to Hanover Lakes, LLC; recorded in the !N ew° Hanover C bunt Register of Deeds Office in Deed Book 5373 at Page. 155. said parcel of land being more, pardcularli described as follow: Begintng at a-2 inch iron pipe located at the intersection of the northerly line of said lands conveyed to Hanover Lakes, I.f C with the westerly monun,ented highway boundary of Castle I1,A ne .Road — CS I li&%ay 117; said u- esterh monumented boundary being located 30 feet from the cen' terline of said road; the Point of Begituiing also being located the foilr-,Nxwuga three ;.i) courses and distances fron) a concrete monument located at the intersection of thy; westerly line of Ca: -tic F lavne Road — US Highway 11' with the northerly highway boundan of ..Arlington Drive — SR 1316 Public Right of N'arl- 1. Thence from said concrete monument, which is located 51'► feet westerh of the centerline of Castle 1-l9-me Read — US high -, ae 117, North 1"'49TV Ea;,t a distance of 94.97 feet to a point on the property line between the lands of I.ot 1 of ..Adingtx)n 11-�ights as rhoum on the map recorded in MAp Book 5 at Page 41 on the south and the lands of 'fshilltp W, and wife Dana R. Harris as recorded in Deed Book 5015 at Page 2217 tin the north; 2. 'Thence South 80 °1904" Fast along the southcrly line of said lands of Ifarris a di.tance of 20 33 feet to an iron pipe located on the wrstcrly moinumenred highwov buundln- of Cade l larne — US Ilighsyav 117; said iron pipe located 30 feet westerly of the centerline of Castle Bayne Road — US liighwaj 11'. 3. Thence North 17'-19'14" Fast along said monumented highway houndar_- a distance of 1413 26 feet to the Point of Beginning; Thence, from said Point of Beginning, South 17"48'11" West clung said westerly, munumented highway boundary N distance of 228.97 fc-t;t to a N(-,. 5 rcbar; Tlience North 77 °25'11" West through s9id lands of Hanover lakes, L LC a distance of 406.23 feet to a tio. 5 rebar; Thence Korth 13 °25'05" East continuing through said lands of 1 lauvv er Lakes, 1.LC.; a distance of 234.24 feet to a No. 5 rcbar located ou the northerly line on said lands of Hanover Lakes, 11,C; Thence South ,'6"3.1'55" bast along said northerly line a distance of 423.70 feet to the Point of Beginning; containing 1U0,-542 +/- square feet or 2,3(18 acre(,, more or less Esceptmg from the above described property all that arta which could be claimed by the ? �1C DOT for roadway maintenance up to a limit of 50 feet w-esterl�r of the centcrline of the road as it exists at this point in time. 6 9 7 t G L E A N 0 E k a k I %- k:, 9 'i z 2 0 . ' W I L M i N 3 T O N N 2 B -� 3 P H; 1 9 s 0) 7 9 1 - 6 7 0 '7 F 4 % 1 (V 'i G) 7 4 1 • 6 7 6 a Board of Commissioners - May 2, 2016 ITEM: 14- 11 - 7 Traffic Impact Worksheet Prior to submission of nonresidential site plan, this worksheet must be prepared. A Traffic Impact Analysis will be required for all projects generating 100 peak hour trips or more. The scope of the TIA shall be determined by concurrence of the Planning Director, the MPO coordinator and NCDOT traffic engineer. Any mitigation measures required must be included in the final site plan submitted for review. PROJECT NAME 144no~ L )&e, cam. ��Fic c PROJECT ADDRESS Z J j I��,/, DEVELOPER/OWNER EXISTING ZONING GROSS FLOOR AREA 134 spa sq. ft. NEAREST INTERSECTION BEFORE PROPOSED PROJECT Average Daily Traffic (Date) LEVEL OF SERVICE (LOS) ITE MANUAL TRAFFIC GENERATION ESTIMATE: *ITE Manual available at Planning Department USE AND VARIABLES: G���d��� (Example: Racquet Club; 8 courts; Saturday peaks) AM PEAK HOUR TRIPS_ PM PEAK HOUR TRIPS (Traffic generation of 100 peak hour trips will require T7 c Impact Analysis Scoping meeting with Planning Department) Er • �. Person Providing Estimate S gnature Peak Hour estimate confirmed by Planning & Zoning on Lo (Date) Board of Commissioners - May 2, 2016 ITEM: 14- 11 - 8 Project Name: Hanover Lakes Office A 7� �r� r T Client: Bill Clark Homes IAA RA LEI IJNTE Project Number: 16128.PE E N N E E R N N G. Prepared By: RPB Date: 3/8/16 TRIP GENERATION CALCULATIONS - PRELIMINARY Future Trips Use: General Office Building Land Use Code 710 1,000 Gross SF of Lease Area 13 Weekday: [Ln(T) = 0.77Ln(X) + 3.65] T = 277 Avg.VTE Weekday Peak AM: [Ln(T) = 0.801-n(X) + 1.55] T = 37 Avg.VTE Peak PM: T= 1.12(x) + 78.81 T = 93 Avg.VTE Proposed Trips T (Weekday) = 277 Avg.VTE T (Weekday Peak AM) = 37 Avg.VTE T (Weekday Peak PM) = 93 Avg.VTE Board of Commissioners - May 2, 2016 ITEM: 14- 11 - 9 PARA MOUNTE E N G I N E E R I N G 1 N C Hanover Lakes Commercial Tract Community Information Meeting Location: Wrightsboro Volunteer Fire Department Date /Time: March 4, 2016 6pm — i pm Meeting Summary: • Allison Engebretson, Paramounte Engineering representative, introduced the project to the six nearby residents attending the meeting. • The process and summary of meetings pertaining to the proposed conditional rezoning were explained. • After the explanation of these items, residents asked questions about this project. • Several folks needed additional clarification v�hy the wetlands on the site create an obstacle to accessing this site internally from the adjacent Hanover Lakes neighborhood. Wetland impacts and proposed neighborhood design prohibit access to the site internally. • Residents asked questions about the types of uses allowed within O &I and specific use intended for the site. Though no specific use is known at this time, the developer is looking for less intensive uses within O &I to minimize traffic. Anything that of the more intensive uses that generate more than 100 trips /peak hour and trigger an updated TIA is not desired. Professional office is a good fit for this site, but there is no guarantee that this will be the end -user. • This prompted a discussion of all of the uses allowed by right in O &I. The discussion identified many of the uses that are not appropriate to the site or would generate too much traffic either for the use or in perception from the residents. From this discussion, Paramounte created a list of prohibited uses that will not be allowed on this site as part of the conditional rezoning approval. • A few of the residents stated that they did not want any commercial /office use. They would accept residential. • Many attended the meeting to ask questions about the overall Hanover Lakes single family development, but information discussed in the meeting kept to the commercial office tract. • Brad Schuler, New Hanover County planning staff representative, discussed the Future land use designation of the area and the board meeting dates pertaining to this date. 5 9 O L E A N D E R D R V E , 3 T E . 20 1 . W 1 L M 1 N G T D N, NC 2 a 4 D 3 F H: (9 1 D) 7 9 1 - 6 7 0 7 F A X: (9 1 D) 7 9 1 - 6 7 6 D Board of Commissioners - May 2, 2016 ITEM: 14- 11 - 10 r-- �01111111111 U v) E O 6 E 0 O U cn cu L E > E0 c: O = rig W VH 0 N r U L rQ C a 0 0 io ail ra 0 cu E 4, C OJ E CL cu 0 cu L cu a) 0 O L- 0 H 4+ L t7A O -r+ M U O a 1 a 0 z E LL a E R Z b `. V ` V fr v - � v 1 v � n fv m v vi v� Board of Commissioners - May 2, 2016 ITEM: 14- 11 - 11 n w ai o a-Y PA,�Y. UNTE R N G i N E a F2 1 N G, t N C. February 22, 2016 Paramounte Engineering, Inc. 5911 Oleander Dr., Suite 201 Wilmington, NC 28403 RE: Community Meeting for Conditional Use Zoning District Application This is a notice for a community information meeting regarding an upcoming Conditional Zoning District application. Paramounte Engineering, Inc. on behalf of the property owner, Hanover Lakes, LLC, is proposing to rezone property located at 2,x77 Castle Hayne Rd, from R -75to O &/ Office and Institutional in order to develop a commercial /office property. The property is located within the unincorporated areas of New Hanover County and is subject to the County's Zoning Ordinance. As part of the rezoning application process, the Zoning Ordinance requires that a community information meeting is held prior to submitting the official application to the County. The purpose of the community meeting is to inform nearby residents and other interested parries about the proposal ar.d to provide an opportunity to learn more or submit comments and concerns regarding the proposal. The community information meeting will be held on March 4, 2076 at 6.•00 PM, at Wrightsboro Volunteer Fire Department, 3575 N. Kerr Ave. Wilmington, NC 28405. Please see the enclosed location map for more information on the meeting location. The property in question is a parcel proposed for subdivision from the parent parcel of the Hanover Lakes neighborhood development. The subdivided tract is intended for a commercial /office use as permitted within an 0&1 zoning district. The rezoning request is conditional and therefore, tied to the enclosed site plan. Additional details will be provided at the meeting. Sincerely, Paramounte Engineering, Inc. 11,4 i o Engebretson Ph: 910.791.6707 E -mail: aengebretscn @paramoLinte- encl.com Enclosure: Fire Department Location Map, Proposed conceptual site plan 5 9 1 O L E A N D E R 0 R V£. S T E, 2 0 1. W! L M I N 3 T 0 !4. N C 2 6 4 0 3 P H (9 1 0 i 7 9, Boaa"dzfC6Mmissi one rs AMffiy,2,(2V16 a ) 7 9 1 - 5 7 6 0 ITEM: 14- 11 - 12 _ ;` omf1us"ZOD'IOS u9sv3' n WN - IN010Q xw[ZIIh mcl r I � + I a ( : I I I I a r+ ■ 755 9 I all ul co I Y r 3 x x Board of Commissioners - May 2, 2016 ITEM: 14- 11 - 13 --- �7iIK�dTIB� ti�•�J i »>ws'w�oiu: ° . ° E r 7 I N:1QI1It'2I ;. .L;iFNl'IF:7:!31t'':O�S'i?I� 0!�'tH�`� JNINOZfliI'Ii�NOLLIQN00 ligu i Krvlld Sus cwOclOxa 3 e W € ,.., _ ;` omf1us"ZOD'IOS u9sv3' n WN - IN010Q xw[ZIIh mcl r I � + I a ( : I I I I a r+ ■ 755 9 I all ul co I Y r 3 x x Board of Commissioners - May 2, 2016 ITEM: 14- 11 - 13 2JI&2016 7jo, -, � -1 - Google, Maps Fire l2epart'Ment Location Map Imagery @2016 Google, Map data 02016 Google 100 ft Board of Commissioners - May 2, 2016 hftpsYN4ww. google .com/maps/dirf'IWilmington, +NC +28401! @4.847 - 4- &ll gz�n/data= 1 3m 11 le3l4m 8!4m 7! Im011 m5! 1 m 111 sOx8gagSagDOW807d... 111 N 01 c a) v Q O CL C N u no a u H f0 E E O u Y n0 J 0) O c M C Y u ry 'a o Q N a N to C � O L N � a! LL Board of Commissioners - May 2, 2016 ITEM: 14- 11 - 15 y C 0) C N C cu C O/ C N C a! C d C N C a/ C N C N C 0 (U C u d � N N N N N N N 'N N N 9 O[ N N N C' M J N J N K N w N w N K M J N J N K aJ a: m 2' al d' O) K H N L O 2' N •� O? N— O �' N '� O W N N= v a. N ? K T K T W ? cr y W N y OC N >• CC T I= T CC T ? OC T N K w N K a= a E a E a E a E a= a= a E a E a E a E a E a E a K a 00 LL LL LL 11 LL LL LL L1 LL LL 11 lL LL O •C W aJ aJ d N N OJ d al = O 00 C 00 C 00 Ln 00 Ln bD C 00 C bD C b0 C 00 M Oa C 00 00 C 00 00 w a N N N 01 01 N N N N (P v1 C N N C N C N C M N O O O O O O O 0 0 0 0 r` ry o O O O o o o O O O o o 0 O 0 O o O O o O O O O O O o o 0 0 0 0 o O 0 o c c o O o o O o o O O o O O O o 0 0 0 o c m O v O r. Ln Ln O o N of -4 00 r-1 r` -1 14 O N 0 m 0 v o o ri Cn O 00 O N O W -1 O ri c O o O o O O o 0 0 0 0 0 0 0 o O o O c Z ri ri ri H w 00 00 00 00 00 00 00 O 0 O O 6 O r a O O o CD 0 0 0 0 o o O O O O o O O O o o 0 0 o 0 r, 0 0 0 0 r4 o O c c 0 O 0 O 0 o 0 O c� ri d, ri d, H Ch r-1 Cn .-i of ri of .1 ci 14 Cn r4 c� ri c� ri d, H 6 cN ri ,1 r c M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M C O O O O O O O O O O O O O O O O O O c -a m o m M M M m z y� N O OC O 1' O OC O fY > > N > N > N > N > N > N > N > OJ OJ aJ a/ M d O a+ C a O T T T C 'O T N m m M M M M M N M M > a x x x x M M M o v v o a o o v o m n ! m m Y v Y ar m E f° E 1O E fO E E L E L E L E L E L E E E L E w L a w CL Y N m N m N m Y N m g ^ g g N m N m N m N m CJ m O) m N m N m al N m M Y e O U V U u N w O a a1 M Cn M N LO 0 V 00 u L CL M N ri N rl N n N O O O -4 O H O ri 14 ri -4 H a1 O N N tL r• rI N N N N r N r O Ln O M �� r-I � O N � O N O -1 O ri O cu }' V = M ri y 0 N N ci y 0 Cn C N 0 N y 0 N y 0 ri y 0 r•I ri N O p 0 C N N a O N 'L a ❑ 00 'L a ❑ 00 •L ❑ 00 a 00 L V > 00 L V CO L M J > a •C 00 O W 01 o CC 01 > CO W O1 N > a ao > •L oo > •L oo > a oC •i ao m ` a u N 3 u N u N v u❑ N u❑ N u❑ N u LL o r N m u r'� m m ri m � N m u; u N m u N m u N m u N a/ N m u u W 'D Z w Z Z }Y, Z u Z u Z V Z p -p z 'O N O N -0 Z N z -O Z v Z v z -p z M Z m Q y d Y > C M v c N O v c 6n 'm c E O 'm c E O 'm c E O c m= v .0�. 00 c � a u � Z o u= C Z c L y� T� c p c � c � c c N � N C }0 Z 00 O Y i 00 }O+ M 00 00 OD m CO E }p± w 00 aJ 'w ED M N IC N 00 }p+ WD }p+ al 00 }O+ yp v CO N 00 N c o� o N Q u c �o c u c c �o c O C s m m e 3 X0 Z .v m c m x v m c m c c m m c m c m C N E E E O E o E r� E t a ~o E u - L� E N=.' o f° E _c �. E_ u E E u N N m 2 a S N 3 a N 3 3 o Y 3 N ri M 0 ri m 0 ri .M1 r-I I M N ri 3 3 ,00- Lo 3 3 Lo U N N rti b0 N fv C C N > � al O N 0 JO 2 to J Y ~ u Ln E Y 'N i Y N Y N w J O N C J Y Y N Y N O K t u al O Y C G z OJ v N l+ Ln d d aJ N N ._ r0 m C M M m f0 C z M SVI ¢c L cc i N 00 y j LL ❑ F Ol al 0 J M a� L c 3 � 3 atS 0i! ;° 0) m an ot! c p w '� a ca u u u a ooc C7 c ' C 2 s N S 2 v 3 L L C E cd co v o m C E aj C M ^ U O E Y Y N M L �, u N C C M ^ m O O Y O C > — 3 Y M ❑ 3 a M a J v J o L U ry N M V u1 lD r` 00 Ol r-I e-i rM-I r�-1 N N r^-1 00 O Board of Commissioners - May 2, 2016 ITEM: 14- 11 - 15 ml ml ;1 i c ai c w c w c ar -O o p a cu cc V1 a) cc N cc T E a LL T E< M LL T E M LL > a E M LL OI OI OI O r-I e-I N N N N 00 H 0 0 �f0 K OL O N O N w N w N U C V j U j U Z ,O„ N m Z m Z c E j O 'i w O N O G0 r` N C N C W ^ U U 3 a m 3° 3 N N N a a -o > O O O _ O O O i 00 N M ] T T T ) O O O J N N N u w a w rl O O O o m m V U m V O O O i r N N a a N a ) c 0 0 � ac 0 or N N 00 H 0 0 �f0 K OL O N O N w N w N U C V j U j U Z ,O„ N m Z m Z c E j O 'i w O N O G0 r` N C N C W ^ U U 3 a m 3° 3 N N N a a -o o 0 0 0 0 m 0 _ ac z If u w w w ] T T T > o m m m 0 m u w a w rl Y Y N N Y N o m m V U m V O w > C i N N O i J N ei N N c-I N N N 00 H 0 0 �f0 K OL O N O N w N w N U C V j U j U Z ,O„ N m Z m Z c E j O 'i w O N O G0 r` N C N C W ^ U U 3 a m 3° 3 N N N O m 1 I N I N I N Board of Commissioners - May 2, 2016 ITEM: 14- 11 - 16 Y _ O f0 y J w M ] U m O w 0 m m X f- M LL 7 m 0 J 66 O w > C O m 1 I N I N I N Board of Commissioners - May 2, 2016 ITEM: 14- 11 - 16 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: May 2, 2016 REGULAR DEPARTMENT: Planning PRESENTER(S): Brad Schuler, Current Planner (Planning Board Rep: Tamara Murphy) CONTACT(S): Brad Schuler; Ben Andrea, Current Planning & Zoning Supervisor; Chris O'Keefe, Planning & Inspections Director 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 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 BRIEF SUMMARY: The property is classified as Transition according to the 2006 CAMA Land Use Plan. 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. 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) was not required to be completed. 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. This application was heard at the April 14, 2016 Planning Board meeting. At the meeting, one adjoining neighbor spoke in favor of the rezoning, and the Board discussed how the proposed storage building will operate. The Planning Board voted 7 -0 to recommend approval of the rezoning with one condition, finding that the application is: 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. 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 Board of Commissioners - May 2, 2016 ITEM: 15 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. 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: Motion to approve, as the Board of Commissioners find 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 BOC Z -954 Petition Summary Z -954 Staff Summary BOC Z -954 Neighbor Mailout Map Z -954 Zoning Map Z -954 CAMA Z -954 Water Sewer Map Proposed Site Plan Cover Sheet Z -954 Proposed Site Plan Applicant Materials Cover Sheet Z -954 Application Materials Board of Commissioners - May 2, 2016 ITEM: 15 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval as presented by staff to include the proposed condition. COMMISSIONERS' ACTIONS: Approved 5 -0 with the recommended condition. Board of Commissioners - May 2, 2016 ITEM: 15 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 rebutta I. 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 A. 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 approve or deny 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 approve, as the Board of Commissioners find 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. Board of Commissioners - May 2, 2016 ITEM: 15- 1 - 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 Soludtions (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 Find Sany Loam (Wr) - Class II: Moderate Limitation Schools: Wrightsboro Elementary, Holly Shelter Middle, New Hanover High Z -954, 4/16 Page 1 of 1 Board of Commissioners - May 2, 2016 ITEM: 15- 2 - 1 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 PLANNING BOARD ACTION: This application was heard at the April 14, 2016 Planning Board meeting. The Planning Board discussed how the proposed storage building would be operated. They noted that the proposal should not have substantial impact on the surrounding area and voted 7 -0 to recommend approval of the rezoning with one condition, finding that the application 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. Existing vegetation must remain within the bufferyards and be supplemented as necessary to provide the 100% visual opacity requirement. 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 Z -954, (4/16) Board of Commissioners - May 2, 2016 ITEM: 15- 3 - 1 Pagel of 7 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. 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). Z -954, (4/16) Board of Commissioners - May 2, 2016 ITEM: 15- 3 - 2 Page 2 of 7 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. 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. Z -954, (4/16) Board of Commissioners - May 2, 2016 ITEM: 15- 3 - 3 Page 3 of 7 � p�w'v�d 4 wpplar�t�d P.H. ■r As -2141 kh 4-B — a• ewapraa! TmFq, R -IB 0M b4 m n ad em.—y to pnde Lmd lJ -1 fi' liilh 1002 I > rq. AealdmGd Owl —I S"aity Fsminp 4. J N J/ r AW P4y le ^' pp � ,yht P.w 9000 ,• 1 Climate- Gankrot �yy, Storago Hide, ( & M1 ff' 4" G� 10' Mat. Hqt. 4' G� 14ii 6.. - All comity ad d—ti— Ughthq 17' ;V 1or41ted m thk side vF tFM buiWiry, �. a'Md �o d noE tP NlYle a' I'afleLt 4� ado arl' �d re"Idrlkid FwPK'tY. 990 ..f.! I�k�+ai' ,'.. PPi— r i s _ P—t. d Ni, Iny"brtmta 11, LLC 20, ' r1 -ti r Z� rFiGIIY r r o 1 O 4' Hqh L. ChdIrIlWe Sm�Pty IY GvnyY, fanr. a•, ts' ` Gu 8, 28q.�+-�� ' 14" Conceptual Site Plon 1 J r I� I` 14" J. ff \ 1z^ a 1 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:// Iaserfiche .nhcgov.com /weblink8 /0 /doc /3058601 /Electronic.aspx 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. Z -954, (4/16) Board of Commissioners - May 2, 2016 ITEM: 15- 3 - 4 Page 4 of 7 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 attractorfor 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. 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. Z -954, (4/16) Board of Commissioners - May 2, 2016 ITEM: 15- 3 - 5 Page 5 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, 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 approve the petitioner's application [with or without agreed upon conditions] • Motion to "table" the application in order to receive more information • Motion to deny the petitioner's application based on specific reasons Z -954, (4/16) Board of Commissioners - May 2, 2016 ITEM: 15- 3 - 6 Page 6 of 7 Example Motion for Approval: Motion to approve, as the Board of Commissioners find 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 consistentl. 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. 1. Conditions: [List any agreed upon conditions] Example Motion for Denial: Motion to deny, as the Board of Commissioners find 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 consistentl. 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 approve, as the Board of Commissioners find 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. Z -954, (4/16) Board of Commissioners - May 2, 2016 ITEM: 15- 3 - 7 Page 7 of 7 d N � � d 0 N oo a 0 O N Q N y N .� O N O a d N d C 1 � O O � ; N � d W �d V III m 1d 6 ¢ ¢ ¢ ¢ ¢ ¢ �i ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ H z¢ z --<<-z<<< z z z¢ w z¢ z z¢¢¢ y u �G����YY���YYY�Y���Y���z =YYY o a w w w w w w w w z w w w w o o w w w o 0 o w o w w w o w w w w o 0 o U u u= =u =u ugu5u u u ��� �u �5ry w ry ry ry ry ry ry ry ry ry ry ry ry ry ry � ry ry ry ry ry ry ry �� LL 0 0 h O o ry m v n o n ca .y ti ti ti ti ti ti ti ti ti ry ry ry ry ry ry ry ry ry ry m m m m m m C \\ S � � a F P W Z Q 20 p � � Z r W Y O C W W OC U N > — RAPIDS -CT—oe c N" m V � N c T N a � m Q y a zs N �J . 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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:OOPM 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. Board of Corn '"T May 2, 2016 ITE : 15- 11 - 1 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 Staff Initial 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 -2406 copies for Commissioners) • Tract boundaries and total area, location of adjoining parcels and roads • 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. • Development schedule including proposed phasing. • 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. • All existing and proposed easements, reservations, required setbacks, rights -of -way, buffering and signage • The one hundred (100) year floodplain line, if applicable • Location and sizing of trees required to be protected under Section 62 of the Zoning Ordinance • 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. • 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 Page 2 of 3 Board of Commissioners - May 2, 2016 04/14 ITEM: 15- 11 - 2 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): . How would the requested change be consistent with the County's Policies for Growth and Development? Policies for growth encourage continued efforts to attract & retain businesses. The proposal is to expand an existing self - storage facility along a a busy commercial thoroughfare. Extending the business zone, but with conditional regulations is consistent with the concept of in- filling parcels where urban services are available. 2. How would the requested zone change be consistent with the property's classification on the Land Classification Ma 2? he site is in a "Transition" land classification. The Transition classification is intended for more intensive development where urban services are already in place. 3. What significant neighborhood changes have occurred to make the original zoning inappropriate, or how is the land involved unsuitable for the uses 2ermitted under the existing zoning? Castle Hayne Road is a busy corridor with a mixture of commercial uses and older homes. New home development immediately bordering it has become generally undesirable. Adding the vacant parcel to the existing highway business district should have little impact on the surrounding area. Use of the tract will require full permitting & meeting Ordinance requirements. 4. List proposed conditions and restrictions that would mitigate the impacts of the proposed use(s). The trip generation for a self- storage facility is much lower than many of the more intense business uses that could be ;appropriate for this location & an existing driveway access will be used instead of creating a new driveway. Bufferyards will mitigate any impacts to the residential uses to the North & West. Streetyard plantings will meet the landscape requirements. the rezoning would maximize the effectiveness of commercial uses by assuring that land is available in proximity to the markets they serve. 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 to the best of my knowledge, information, and belief. Cynthia Wolf / Design Solutions Signature of Petitioner and /or Property Owner Print Name Page 3 of 3 Board of Commissioners - May 2, 2016 04/14 ITEM: 15- 11 - 3 Print For NEW HANOVER COUNTY 230 Government Center Drive PLANNING & INSPECTIONS suite 110 Wilmington, NC 28403 910-798-7165 phone AUTHORITY FOR 910- 798 -7053 fax APPOINTMENT OF AGENT www.nlicgov.com Please note that for quasi - judicial proceedings, either the land owner or an attorney must be present for the case at the public hearing. The undersigned owner does hereby appoint an authorized the agent described herein as their exclusive agent for the purpose of petitioning New Hanover County for a variance, special use permit, rezoning request, and /or an appeal of Staff decisions applicable to the property described in the attached petition. The Agent is hereby authorized to, on behalf of the property owner: . Submit a proper petition and the required supplemental information and materials 2. Appeal at public meetings to give representation and commitments on behalf of the property owner 3. Act on the property owner's behalf without limitations with regard to any and all things directly or indirectly connected with or arising out of any petition applicable to the New Hanover County Zoning Ordinance. Agent Information Property Owner(s) Subject Property Name Owner dame Address Cindee Wolf Nix Investments 2, LLC 241.5 Castle Hayne Road Company Owner Name 2 City, State, Zip Design Solutions Wilmington, NC Address Address Parcel 11) P.O. Box 7221 1121 Military Cutoff Rd., Ste. 0364 312911.56.5566 City, State, 'Zip City, State, Zip Wilmington, NC 28406 Wilmington, NC 28405 Phone Phone - 910- 620 -2374 910- 616 -0022 / Steve Nix Email Email cwolf@Iobodemar.biz snix @tigeruc.com Case Number Reference: t)aterrime received: Received by: N� r� This document was willfully executed on the day of ` ay^cU , 20 Ow signature Board of Commissioners - May 2, 2016 04114 ITEM: 15- 11 - 4 - ti • z 4 — dr LO w c IL . a - y . - . T i -0 Q Lq Lq ~ - r WA ■ e L y r: ir _ —' fp r Q i 2 1 p d t R! - Board of Commissioner j"a X2016 � lAr 15.ti 11 - 5 �,, 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 73 034'37" West, 298.88 feet to a point; thence, North 23 032'44" East, 86.95 feet to a point; thence South 74 018'30" East, 287.18 feet to the point and place of beginning, containing 0.58 acres, more or less. Board of Commissioners - May 2, 2016 ITEM: 15- 11 - 6 — N �\ NOW OR FORMERLY m Nonetc LUTHER C. McBRIDE and wife, Ch kk 4 , 3 SYBEL 8, McBRIDE BOOK 577 PAGE 462 W E PART OF LOT 2 S �uette G I ° CHADWICK ACRES, PART I I� MAP BOOK 5 PAGE 100 y " = E.I.P. (LEANING) I I E.I.P. ORIGIN UNKNOWN \I TO SURVEYOR � �A P.O.L. setter NerVi P �'Q s P. N23',3244 E �\ 189.11(TOTAL) 30' ° 10.08' 76.87' 102.16' VICINITY MAP NO SCALE I F!A I 10' 6G PPGE 'us gDOK NO of a a OPP 10' DIMENSION IS '� n DISPLAYED ON gl a m M.B. 5 PG. 79 rp 2 (� N �xom2o N ro S", I°o z to O � � cn (z) `" 2 R c� n c,; w I o EXIS77NG Z CORRUGATED n o k METAL PIPE o m° co- w vas m (> o co O V� cz W O a Iti a m o `° Na ul N r D O�o`I n C. cr NOTE: THIS LOT IS NOT LOCATED IN AN AREA OF 100 YEAR FLOOD. z � of �RIW F!A \e 5 R/W 30 521-18709"77,5.61' c % S2170 41 "W 89.26' co S21 *32'25 "W 90.30' No 73.08' o PIT I I ABAND_ONE_D R W o ABANDONED o 90.58' W m 71.04' wo v v yJ CASTLE HA YNE ROAD (100' PUBLIC R W GRAPHIC SCALE.' 1"-- 50' Survey Reference BOOK 5505 PAGE 52 50 0 50 150 MAP BOOK 5 PAGE 79 MAP BOOK 60 PAGE 215 Plat of Survey For: NORTH CAROLINA NIX INVESTMENTS 0.58± ACRES NEW HANOVER COUNTY A PORTION OF TRACT #3 1, MICHAEL N. UNDERW000 CER77FY AS DIVISION OF LANDS FOR I DRAWN UNDER MY SUPERVISION FR A Y R.A. CHADWICK and MRS. LULA C. BOYLAN MADE UNDER MY SUPERVISION D C Cam{ CAPE FEAR TOWNSHIP NEW HANOVER COUNTY THE FACE OF THIS PLAT RATI CASTLE HAYNE, NORTH CAROLINA CALCULATED BY COMPUTE BOUNDARIES NOT SUR H LINES Legend: PLOTTED FROM INFO HlS PLAT E.I.P. EXISTING IRON PIPE CENTER LINE WAS PREPARED I C ANDARDS OF I.P.S. IRON PIPE SET fL PROPERTY LINE PRACTICE FO R CAROLINA" WITNESS M T SE NUMBER AND N.P.S. NO POINT SET SEAL D., 2015. Address: 2415 CASTLE HAYNE RD. MICHAEL UNDERWOOD and ASSOCIATES, PA ` �O 102 CINEMA DRIVE, SUITE A O� WILMINGTON, NC 28403 M1CHA D, P.L.S. PHONE.' 910 - 815 -0650 FIRM LICENSE No.: LICENSE -2962 FAX- 910 -815 -0393 C -0615 SEAL OR E —MAIL: muc@bizec.rr.com c 2015 MICHAEL UNDERWOOD and ASSOCIATES, PA ITEM: 15- 11 - 7 REPORT OF COMMUNITY MEETING REQUIRED BY NEW HANOVER COUNTY ZONING ORIDINANCE FOR CONDITIONAL DISTRICT REZONINGS Location: 2415 Castle Havne 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 Mara OT Tommissioners ay 2, ITEM: 15- 11 - 8 Community Information Meeting Nix Storage Expansion Tuesday, March 1, 2016 Name Address Email (Optional) 25O �o�J C_�2x1luLC����(�OV< Low Z _S-b Cfi-;7LLf 4W A;C 12 6, LO 1 ale ��iC� UAG4-6 4v e- /VC Z*/ Board of Commissioners - May 2, 2016 ITEM: 15- 11 - 9 Owner BYRD DAVID WINSTON JR CHADWICK ROBERT AJR SYLVIA B CHAMBERS VICTORIA DE LA RUPELLA CHR PROPERTIES LLC ENNIS EDWIN I ENNIS EDWIN I JR NANCY R FILIPPINI FAMILY LTD PTNRP GALLAN VACATION PROPERTIES LLC HARKER BOBBY D SYLVIA HERRING BENNIE FRANK MARTHA K JORDAN ROBERT H JR ETAL KINGREY SANDRA EDITH LEE TRACY P LIENHOP CHRISTOPHER MATZKE ERIC J BETTY J FAMILY TRUST MCBRIDE SYBEL B HRS MEADOWS LAURIE ANNE MERRITT PATRICIA P MILLER BILLY EARL DOROTHY B MILLER GARY B ETAL NEWTON BRENT JOEL ETAL NIX INVESTMENTS 2 LLC NORMAN BRANDON FLOYD PHILLIPS F DONALD JR NANCY K POWELL FAMILY TRUST SULLIVAN CURTIS E HRS TURNER DONALD E CAROL Owner Address 2403 CASTLE HAYNE RD 2505 CASTLE HAYNE RD 206 ST LUKE CT 7918 CUMBERLAND PL 3508 HARNETT AVE 2545 CASTLE HAYNE RD PO BOX 902 PO BOX 1726 115 CHADWICK AVE 114 CHADWICK AVE PO BOX 610 135 PILGRIM CIR 2501 CASTLE HAYNE RD 112 CHADWICK AVE 107 CHADWICK AVE 104 CHADWICK AVE 2419 CASTLE HAYNE RD 108 CHADWICK AVE 137 HERITAGE PARK DR 2400 CASTLE HAYNE RD 110 CHADWICK AVE 1121 MILITARY CUTOFF RD SUITE C -364 2508 CASTLE HAYNE RD 143 BLUFF OAK DR 30 BRIDGE ST 13028 POWELL RD 106 CHADWICK AVE Board of Commissioners - May 2, 2016 ITEM: 15- 11 - 10 Owner City WILMINGTON, NC 28401 WILMINGTON, NC 28401 WILMINGTON, NC 28409 WILMINGTON, NC 28411 WILMINGTON, NC 28401 WILMINGTON, NC 28401 WRIGHTSVILLE BCH, NC 28480 WILMINGTON, NC 28402 WILMINGTON, NC 28401 WILMINGTON, NC 28401 LENOIR, NC 28645 WILMINGTON, NC 28401 WILMINGTON, NC 28401 WILMINGTON, NC 28403 WILMINGTON, NC 28401 WILMINGTON, NC 28401 WILMINGTON, NC 28401 WILMINGTON, NC 28401 WILMINGTON, NC 28401 WILMINGTON, NC 28401 WILMINGTON, NC 28401 WILMINGTON, NC 28405 WILMINGTON, NC 28401 CURRIE, NC 28435 BILLREICA, MA 1821 WAKE FOREST, NC 27587 WILMINGTON, NC 28401 Desigv� Solutiov�s 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 15`, 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 cwolfaa 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. P.O. 13ox 7221, WilmivLgtovL, NC 28406 * TelepkovLe: 910 -620 -2374 * Email: cwolf@lobodemar.biz Board of Commissioners - May 2, 2016 ITEM: 15- 11 - 11 n � W Q Q L b if Z = u _ f J Q. * Q v V N Pb LL1 N O m a a wN al,� 'E Z N u u •am % ° ui .gym Z F- �o m Z N 7S a�llo U \ c U m N 6 O N )_ L ^ m U 000 U snJ e \3 -a '0 06 f At :ZIle. Z. Z LU Ir U N O C w Z� 1 N£ y i S� o p m �U o mm a -a NU 3 z Q / U ur) a «F`s� EN lc ` zN / CP 3 F Board of Commission rs - 4 2 2016 ri NJ lip �.c ". • �, I, Board of Commissioners -May 2, 2016 ITEM: 15- 11 - 13