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2017-02 February 2 2017 PB Agenda PackageAGENDA NEW HANOVER COUNTY PLANNING BOARD Assembly Room , New Hanover County Historic Courthouse 24 North Third Street, Room 301 Wilmington, NC DONNA GIRARDOT, CHAIRMAN - ERNEST W. OLDS, VICE-CHAIRMAN PAUL D. BONEY, BOARD MEMBER - H. ALLEN POPE, BOARD MEMBER THOMAS "JORDY" RAWL, BOARD MEMBER - EDWARD T. (TED) SHIPLEY, III, BOARD MEMBER DAVID WEAVER, BOARD MEMBER CHRIS O'KEEFE, PLANNING DIRECTOR - KENNETH VAFIER, PLANNING MANAGER FEBRUARY 2, 2017 6:00 PM MEETING CALLED TO ORDER (Chairman Donna Girardot) PLEDGE OF ALLEGIANCE (Ken Vafier) APPROVAL OF MINUTES REGULAR ITEMS OF BUSINESS The Planning Board may consider substantial changes in these petitions as a result of objections, debate, and discussion at the meeting, including rezoning to other classifications. 1 Presentation - Wilmington Urban Area Metropolitan Planning Organization Staff will present the Cape Fear Transportation 2040 Metropolitan Transportation Plan. 2 Public Hearing Zoning Ordinance Amendment Request (A-425, 9/16) - Request by Planning Staff to amend Zoning Ordinance Article II, Article V, Article VII, and Article XI regarding Special Use Permit Requirements and the Table of Permitted Uses. 3 Public Hearing Rezoning Request (Z-962, 11/16) - Request by Frank Braxton and Bryan Hamby on behalf of the property owner, Holdings of TCM, Inc., to rezone 13.98 acres located at the 120 block of Battleship Road, from B-2, Highway Business District, to R-10 Residential District. 4 Public Hearing Rezoning Request (Z-966, 1/17) – Request by Design Solutions on behalf of the property owner, New Beginning Christian Church, to rezone 8.57 acres located at the 3100 block of Blue Clay Road, from (CZD) R-10, Conditional Residential District, to (CUD) R-10, Conditional Use Residential District, and for a Special Use Permit for a high density development consisting of 68 dwelling units. TECHNICAL REVIEW COMMITTEE REPORT 1 TRC Report for January 2017 OTHER ITEMS 1 Planning Board - February 2, 2017 NEW HANOVER COUNTY PLANNING BOARD REQUEST FOR BOARD ACTION MEETING DATE: February 2, 2017 REGULAR ITEM: DEPARTMENT: PRESENTER(S): Suraiya Motsinger; Senior Transportation Planner, Wilmington Urban Area Metropolitan Planning Organization CONTACT(S): Suraiya Motsinger SUBJECT: Presentation - Wilmington Urban Area Metropolitan Planning Organization Staff will present the Cape Fear Transportation 2040 Metropolitan Transportation Plan. BRIEF SUMMARY: STRATEGIC PLAN ALIGNMENT: Intelligent Growth and Economic Development • Build and maintain infrastructure • Implement plans for land use, economic development, infrastructure and environmental programs • Understand and act on citizen needs RECOMMENDED MOTION AND REQUESTED ACTIONS: No motion required. Hear presentation. ITEM: 1 Planning Board - February 2, 2017 NEW HANOVER COUNTY PLANNING BOARD REQUEST FOR BOARD ACTION MEETING DATE: February 2, 2017 REGULAR ITEM: DEPARTMENT: PRESENTER(S): Chris O'Keefe, Planning & Land Use Director CONTACT(S): Chris O'Keefe; and Ken Vafier, Planning Manager SUBJECT: Public Hearing Zoning Ordinance Amendment Request (A-425, 9/16) - Request by Planning Staff to amend Zoning Ordinance Article II, Article V, Article VII, and Article XI regarding Special Use Permit Requirements and the Table of Permitted Uses. BRIEF SUMMARY: In March 2016, New Hanover County staff facilitated a meeting with community representatives both in support and opposition to draft ordinance revisions that were created after a series of stakeholder input meetings led by the North Carolina Coastal Federation. After the March 2016 meeting, Planning Staff took the lead on developing a new draft that embellished the points of improvement that were largely supported throughout the ongoing dialogue, including describing a clear and predictable process for application, review, and decision making, in addition to revising the table of permitted uses in a manner that provided clarity for discerning how a particular industry is classified and regulated by the county. At the directive of the Board of Commissioners, the new staff-drafted amendment proposal was analyzed in July by LSL Planning, the consultation team contracted to work with both the City and the County for comprehensive land use regulation updates. LSL Planning created reports providing feedback on the language proposed by staff for Sections 70 and 71 of the ordinance, in addition to suggesting how the table of permitted uses could be revised to improve organization and provide clarity for industrial use classification utilizing the North American Industrial Classification System (NAICS) coding. Planning Staff presented the LSL Planning’s recommendations to the Planning Board at their August 30, 2016 work session and their September 8, 2016 meeting. After deliberation, the Planning Board decided that the amendment would benefit from extended review and discussion at work sessions, which occurred on September 22, September 29, November 15, and December 8. The version included reflects the changes made at the four work sessions. There are two components to this amendment: the changes to the Zoning Ordinance text in Article II, Article V, Article VII, and Article XI, and the changes to the Table of Permitted Uses. Changes to Article II include striking the definitions for Limited Manufacturing and General Manufacturing, and amending the definition for Intensive Manufacturing. Additionally, a new definition is added for Sunshine List. Within Article V, Section 53.3-4.1 (Review of External Effects) is stricken. In Article VII, Section 70 is completely overhauled to provide more logical organization, clarity, and predictable processes for application, review, and decision making for Special Use Permits. Finally, Section 111-2.1 within Article XI is updated to reflect the newly required community information meeting for special use permit requests for intensive manufacturing use proposals. The starting point for the revised Table of Permitted Uses was the version recommended in 2014 by the ITEM: 2 Planning Board - February 2, 2017 Planning Board. This version breaks down the manufacturing uses using the North American Industrial Classification System (NAICS) coding, providing clear discernment between use classifications. The table was then modified during the Planning Board work sessions to amend how certain manufacturing and industrial uses are regulated within certain zoning districts. After consideration of feedback heard following the Planning Board work sessions, minor changes were made to the ordinance text and the table of permitted uses, shown in yellow highlight. This text amendment was tabled at the January 5, 2017 Planning Board meeting to allow additional time for public review and comment. 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: ATTACHMENTS: A-425 Script A-425 Staff Summary ITEM: 2 Planning Board - February 2, 2017 SCRIPT FOR Zoning Ordinance Text Amendment (A-425, 9/16) Request by Planning Staff to amend Zoning Ordinance Article II, Article V, Article VII, and Article XI regarding Special Use Permit Requirements and the Table of Permitted Uses. 1. This is a public hearing. We will hear a presentation from staff. We will then hear from any members of the public who wish to speak on this item with a time limit of 3 minutes per person. Persons who have signed up to speak may yield their time to another person if they wish. 2. Conduct Hearing, as follows: a. Staff presentation b. Public speakers (3 minutes per person, unless time is yielded others who have signed up to speak) 3. Close the Public Hearing 4. Planning Board discussion on Articles II, V, VII, and XI (the language pertaining to Special Use Permits) 5. Vote on amending Articles II, V, VII, and XI (the language pertaining to Special Use Permits). The motion should include a statement saying how the amendment is or is not consistent with the land use plan and why it is or is not reasonable and in the public interest. Options for Motions:  Motion to recommend approval of the text amendments as presented in the staff summary or a modified version of the text amendments  Motion to “table” the item in order to receive more information  Motion to recommend denial of the amendment proposal based on specific reasons, such as the proposal is not consistent with the land use plan and/or the proposal is not reasonable and/or the proposal is not in the public interest 6. Planning Board discussion on the Table of Permitted Uses (TOPU) 7. Vote on amending the TOPU. The motion should include a statement saying how the amendment is or is not consistent with the land use plan and why it is or is not reasonable and in the public interest. Options for Motions:  Motion to recommend approval of the TOPU amendments as presented in the staff summary or a modified version of the TOPU amendments  Motion to “table” the item in order to receive more information  Motion to recommend denial the TOPU amendments based on specific reasons, such as the proposal is not consistent with the land use plan and/or the proposal is not reasonable and/or the proposal is not in the public interest - 1 - 1ITEM: 2 Planning Board - February 2, 2017 A-425, (09/16) Page 1 of 18 ZONING ORDINANCE AMENDMENT REQUEST CASE: A-425, 09/16 PETITIONER: Planning Staff REQUEST: Amend Zoning Ordinance Article II, Article V, Article VII, and Article XI BACKGROUND AND SUMMARY: In March 2016, New Hanover County staff facilitated a meeting with community representatives both in support and opposition to draft ordinance revisions that were created after a series of stakeholder input meetings led by the North Carolina Coastal Federation. After the March 2016 meeting, Planning Staff took the lead on developing a new draft that embellished the points of improvement that were largely supported throughout the ongoing dialogue, including describing a clear and predictable process for application, review, and decision making, in addition to revising the table of permitted uses in a manner that provided clarity for discerning how a particular industry is classified and regulated by the county. At the directive of the Board of Commissioners, the new staff-drafted amendment proposal was analyzed in July by LSL Planning, the consultation team contracted to work with both the City and the County for comprehensive land use regulation updates. LSL Planning created reports providing feedback on the language proposed by staff for Sections 70 and 71 of the ordinance, in addition to suggesting how the table of permitted uses could be revised to improve organization and provide clarity for industrial use classification utilizing the North American Industrial Classification System (NAICS) coding. Planning Staff presented the LSL Planning’s recommendations to the Planning Board at their August 30, 2016 work session and their September 8, 2016 meeting. After deliberation, the Planning Board decided that the amendment would benefit from extended review and discussion at work sessions, which occurred on September 22, September 29, November 15, and December 8. The version below reflects the changes made at the four work sessions. There are two components to this amendment: the changes to the Zoning Ordinance text in Article II, Article V, Article VII, and Article XI, and the changes to the Table of Permitted Uses. Changes to Article II include striking the definitions for Limited Manufacturing and General Manufacturing, and amending the definition for Intensive Manufacturing. Additionally, a new definition is added for Sunshine List. Within Article V, Section 53.3-4.1 (Review of External Effects) is stricken. In Article VII, Section 70 is completely overhauled to provide more logical organization, clarity, and predictable processes for application, review, and decision making for Special Use Permits. Finally, Section 111-2.1 within Article XI is updated to reflect the newly required community information meeting for special use permit requests for intensive manufacturing use proposals. The starting the point for the revised Table of Permitted Uses was the version recommended in 2014 by the Planning Board. This version breaks down the manufacturing uses using the North American Industrial Classification System (NAICS) coding, providing clear discernment between use classifications. The table was then modified during the Planning Board work sessions to amend how certain manufacturing and industrial uses are regulated within certain zoning districts. After consideration of feedback heard following the Planning Board work sessions, minor changes were made to the ordinance text and the table of permitted uses, shown in yellow highlight below. This text amendment was tabled at the January 5, 2017 Planning Board meeting to allow additional time for public review and comment. - 2 - 1ITEM: 2 Planning Board - February 2, 2017 A-425, (09/16) Page 2 of 18 ARTICLE II: DEFINITIONS 1 2 Manufacturing 3 4 Artisan Manufacturing- On-site production of goods by hand manufacturing involving the use of 5 hand tools and small-scale light mechanical equipment. Typical uses include woodworking and 6 cabinet shops, ceramic studios, jewelry manufacturing and similar types of arts and crafts or very 7 small-scale manufacturing uses that have very limited, if any, negative external impacts on 8 surrounding properties, water resources, air quality and/or public health. 9 10 Limited Manufacturing- Manufacturing of finished parts or products, primarily from previously 11 prepared materials. Typical uses include: printing and related support activities; machinery 12 manufacturing; food manufacturing; computer and electronic product manufacturing; electrical 13 equipment, appliance, component manufacturing/assembly; furniture and related product 14 manufacturing/assembly; and other manufacturing and production establishments that typically 15 have very limited, if any, negative external impacts on surrounding properties, water resources, 16 air quality and/or public health. 17 18 General Manufacturing-Manufacturing, bulk storage, and/or handling of finished or unfinished 19 products primarily from extracted, raw, recycled, or secondary materials. Typical uses include 20 textile mills; textile product mills; apparel manufacturing; leather and allied product 21 manufacturing; wood product manufacturing; plastics and rubber products manufacturing; 22 nonmetallic mineral product manufacturing; transportation equipment manufacturing; primary 23 metal manufacturing; and fabricated metal product manufacturing. 24 25 Industrial service firms engaged in the repair or servicing of industrial or commercial machinery, 26 equipment, products, or by-products. Typical uses include: welding shops; machine shops; 27 industrial tool repair; fuel oil distributors; solid fuel yards; and carpet cleaning plants. General 28 manufacturing facilities include those operations that do not have significant negative external 29 impacts on surrounding properties, water resources, air quality and/or public health. 30 31 Intensive Manufacturing - Uses listed under the heading “Intensive Manufacturing” in the Table 32 of Permitted Uses shall be considered Intensive Manufacturing uses. Manufacturing and 33 processing of products and chemicals including but not limited to: acetylene, lime, gypsum or 34 plaster-of-Paris, stone, clay, glass, cement, concrete, chlorine, corrosive acid or fertilizer, 35 insecticides, disinfectants, poisons, explosives, paint, lacquer, varnish, petroleum products, coal, 36 plastic and synthetic resins, and radioactive materials. This group also includes smelting, animal 37 slaughtering, paper manufacturing, oil refining, fuel bulk storage facilities, and electricity 38 generating facilities, as well as any manufacturing or processing facility which has a high potential 39 for significant negative external impacts on surrounding properties, water resources, air quality 40 and/or public health. 41 42 Note: Articles II and V are proposed to be revised based on the changes below. Black text represents existing Zoning Ordinance Text. Red and Underlined text is text proposed to be added. Red and Strikethrough text is text proposed to be deleted. - 2 - 2ITEM: 2 Planning Board - February 2, 2017 A-425, (09/16) Page 3 of 18 Sunshine List – A list of email addresses on file with the Clerk to the Planning Board of persons or 43 organizations with a standing written request or subscription to receive public meeting notices. 44 45 ARTICLE V: DISTRICT REGULATIONS 46 47 Section 53.3: I-2 Heavy Industrial 48 49 53.3-.4.1: Review of external effects. All uses in the I-2 zoning district must operate in compliance 50 with current standards for sound, vibration, heat discharge, glare, odor, air quality and water 51 quality, as applicable under federal, state, and local regulations. For uses that require a Special 52 Use Permit, a non-binding narrative must accompany the application that shall include a 53 disclosure of the projected external impacts of the project, including information about 54 anticipated federal and/or state permits that will be required. Section 71 further describes the 55 special use permit approval process. The County may require additional information deemed 56 reasonable to assess the impacts and effects of a project on a community including plans, 57 specifications, and other information deemed necessary to determine compliance with the review 58 criteria. Federal, State and /or local environmental agencies may be consulted to advise the 59 Planning and Inspections Department on applications for Special Use Permits. 60 61 62 63 ARTICLE VII: PROVISIONS FOR USES ALLOWED AS SPECIAL USES 64 65 Section 70: General Information, Applications, Process, Public Notice, Public Hearings, Review and 66 Decision, and Conclusions Required for Approval 67 68 70-1: General 69 70 (1) Special Use Permits add flexibility to the Zoning Ordinance. Subject to high 71 standards of planning and design, certain property uses may be allowed in the 72 several districts where these uses would not otherwise be acceptable. By means 73 of controls exercised through the Special Use Permit procedures, property uses 74 which would otherwise be undesirable in certain districts may be developed to 75 minimize any negative external effects they might have on surrounding 76 properties. 77 78 (2) Any use or development designated by applicable zoning district regulations as a 79 special use, or as allowed only pursuant to a special use permit, may be 80 established in that district only after the use or development is authorized by a 81 validly issued special use permit. 82 83 70-2: Applications 84 85 Note: Article VII is proposed to be replaced in its entirety with the text below. - 2 - 3ITEM: 2 Planning Board - February 2, 2017 A-425, (09/16) Page 4 of 18 (1) Applications for a Special Use Permit shall be submitted to the Planning Director 86 or their designee by the owner or owners, or their duly authorized agent, of the 87 property subject to the Special Use Permit petition at least 20 business days prior 88 to an adopted Planning Board meeting date. For Intensive Manufacturing uses, 89 the application must be submitted at least 35 business days prior to the Planning 90 Board meeting date. A schedule of adopted Planning Board meeting dates and 91 the application deadlines shall be available at the Planning Department. Any 92 additional information, documents, etc. submitted after the application deadline 93 must be submitted no later than 10 business days prior to the Planning Board 94 meeting date to be included in the Planning Board agenda package. Additional 95 information and documents may be submitted during the public hearings; 96 however, as much information should be included with the application as 97 possible to demonstrate that the four required conclusions for approval can be 98 met. 99 100 (2) Applications for a Special Use Permit shall include the following to be considered 101 a complete application: 102 (A) Completed and signed application form for a Special Use Permit 103 (B) Traffic Impact Worksheet 104 (C) Traffic Impact Analysis (only applicable for development proposals that 105 exceed 100 peak hour trip generation) 106 (D) Site Plan, including: 107 1. Tract boundaries and total area, location of adjoining parcels and 108 roads 109 2. Proposed use of land, structures and other improvements. For 110 residential uses, this shall include number, height and type of 111 units and area to be occupied by each structure and/or 112 subdivided boundaries. For non-residential structures, this shall 113 include approximate square footage and height of each 114 structure, an outline of the area it will occupy and the specific 115 purpose for which it will be used. 116 3. Development schedule including proposed phasing. 117 4. Traffic and Parking Plan to include a statement of impact 118 concerning local traffic near the tract, proposed right-of-way 119 dedication, plans for access to and from the tract, location, width 120 and right-of-way for internal streets and location, arrangement 121 and access provision for parking areas. 122 5. All existing and proposed easements, reservations, required 123 setbacks, rights-of-way, buffering and signage 124 6. The one hundred (100) year floodplain line, if applicable 125 7. Location and sizing of trees required to be protected under 126 Section 62 of the Zoning Ordinance 127 8. The approximate location of US Army Corps of Engineers Clean 128 Water Act Section 404 and Rivers and Harbors Act Section 10 129 - 2 - 4ITEM: 2 Planning Board - February 2, 2017 A-425, (09/16) Page 5 of 18 Wetlands, and wetlands under jurisdiction of the NC Department 130 of Environmental Quality. 131 9. Any additional conditions and requirements, which represent 132 greater restrictions on development and use of the tract than the 133 corresponding General Use District regulations or other 134 limitations on land which may be regulated by Federal or State 135 law or Local Ordinance. 136 10. Any other information that will facilitate review of the proposed 137 change (Ref. Article VII, as applicable) 138 139 (E) Narrative A written description of proposal depicting the nature and 140 scope of the proposed development. 141 (F) At the discretion of the petitioner, supplemental information, plans, 142 and/or documents that the petitioner intends to use to demonstrate at 143 the public hearing that the conclusions required for approval in Section 144 70-7 are met 145 (G) Authority for Appointment of Agent Form (only applicable if the petition 146 for Special Use Permit is submitted by an agent for the property owner(s)) 147 (H) Application fee based on the adopted fee schedule 148 (I) Community information meeting report for community information 149 meeting per Section 111-2.1 (only for uses classified as Intensive 150 Manufacturing) 151 (J) For proposed uses in the Intensive Manufacturing category only, the 152 applicant shall identify, in the application, any local, state, or federal 153 permit (other than the special use permit being sought in the application) 154 which the applicant reasonably believes at the time of submitting the 155 application will be required to be obtained before the applicant may 156 legally engage in the proposed use. The applicant’s identification of 157 permits shall include, but shall not be limited to, as applicable, permits 158 pertaining to air quality, water quality, wetlands, endangered species, 159 and groundwater. For purposes of this section, the requirement that the 160 applicant identify any “permit” for “groundwater” shall include any 161 requirement that the applicant report to or notify any local, state, or 162 federal agency of groundwater and/or aquifer withdrawals pursuant to 163 applicable local, state, or federal law. 164 165 (3) Specific requirements of application requirements may be waived by the 166 respective reviewer, planning director, or planning board, where it is determined 167 that the required information is not applicable to the subject request. 168 169 70-3: Process: 170 171 - 2 - 5ITEM: 2 Planning Board - February 2, 2017 A-425, (09/16) Page 6 of 18 (1) In order to assist applicants through the process for obtaining a Special Use 172 Permit, applicants may request a pre-application conference with NHC planning 173 staff prior to application submittal. 174 175 (2) The Planning Director or their designee shall review application packages and 176 respond to the petitioner as soon as possible but at most within 5 business days 177 following the application submission to notify the petitioner in writing including 178 regular mail or e-mail of any omissions to the requirements under Section 70-2(2) 179 that render the application incomplete. This review for completeness is to ensure 180 that each of the applicable documents have been submitted as part of the 181 application, and not to verify or substantiate the information provided within the 182 application package. 183 184 (3) Applications with no omissions to the requirements under Section 70-2(2) shall 185 be deemed complete and be calendared for a public hearing at the next 186 scheduled Planning Board meeting satisfying the application requirements. The 187 Planning Director or their designee shall respond to the petitioner as soon as 188 possible but at most within 5 business days following the application submission 189 in writing including regular mail or e-mail to notify them that the application was 190 deemed complete and confirm the date of the Planning Board meeting at which 191 the public hearing will be held. 192 193 (4) Within 10 business days following an application deadline, complete applications 194 for special use permit petitions shall be posted on the Planning Department web 195 page (www.planningdevelopment.nhcgov.com) in addition to the date, time, and 196 location of the Planning Board meeting at which the public hearing will be 197 calendared. Notification of the posting of the special use permit application(s) 198 and meeting information shall also be sent to the Sunshine List. Any additional 199 information received from the petitioner after the application deadline shall also 200 be posted on the web page. 201 202 (5) In preparation for the public hearing at the Planning Board for a petition for a 203 special use permit, the Planning Director or their designee shall analyze the 204 information and materials provided in the application package to provide a 205 summary of the request and preliminary findings of fact in the form of a report 206 to be included in the agenda package for the Planning Board meeting. The intent 207 of the report is to inform the Planning Board of whether the Conclusions Required 208 for Approval in Section 71-4 have been met or to identify, from staff’s 209 perspective, issues or areas that the Planning Board may need more information 210 on in order to provide a recommendation to the Board of County Commissioners 211 whether each of the required conclusions in Section 70-7 have been met. The 212 staff analysis report shall be published by the Clerk to the Planning Board as part 213 of the agenda package for the Planning Board meeting. 214 215 - 2 - 6ITEM: 2 Planning Board - February 2, 2017 A-425, (09/16) Page 7 of 18 (6) In preparation for the public hearing at the Board of County Commissioners for a 216 petition for a special use permit, the Planning Director or their designee shall 217 prepare a report summarizing the Special Use Permit request, the information 218 and materials provided in the application package and presented at the Planning 219 Board public hearing(s), the Planning Board’s recommendations, and preliminary 220 findings of fact. The intent of the report is to inform the Board of County 221 Commissioners of whether the Conclusions Required for Approval in Section 71-222 4 have been met or to identify, from staff’s perspective, issues or areas that the 223 Board of County Commissioners may need more information on in order to reach 224 a required conclusion. The staff analysis report shall be published by the Clerk to 225 the Board of County Commissioners as part of the agenda package for the County 226 Commissioners meeting. 227 228 70-4: Public Notice 229 230 (1) Public notice for a petition for a special use permit shall be disseminated per 231 Section 112.1 of the Zoning Ordinance. 232 233 70-5: Public Hearings 234 235 (1) A public hearing at the Planning Board for the special use permit application shall 236 be calendared per Section 70-3(3). 237 238 (2) The public hearing for the special use permit application at the Planning Board 239 shall be held in a quasi-judicial format. At the hearing, the Planning Board hears 240 factual evidence presented at an evidentiary hearing, then makes 241 recommendations for findings of fact supported by competent, substantial, and 242 material evidence. Based on those recommended findings, the Planning Board 243 may render a recommendation to the County Commissioners on whether each of 244 the required conclusions specified in Section 70-7 can be reached. 245 246 (3) The applicant may be required by the Planning Board or Board of Commissioners 247 to provide additional information to demonstrate that the four required 248 conclusions have been met. 249 250 (4) The Planning Board may continue the hearing to a later meeting to accommodate 251 the presentation of additional testimony or evidence. If the time and place of the 252 continued hearing is announced in open session during the hearing, no further 253 notice need be given for the continued hearing. 254 255 - 2 - 7ITEM: 2 Planning Board - February 2, 2017 A-425, (09/16) Page 8 of 18 (5) A public hearing at the Board of County Commissioners shall be calendared 256 following the public hearing at which the Planning Board makes a 257 recommendation. 258 259 (6) The public hearing for the special use permit application at the Board of County 260 Commissioners shall held in a quasi-judicial format. At the hearing, the Board 261 hears factual evidence presented at an evidentiary hearing, then makes findings 262 of fact supported by competent, substantial, and material evidence. Based on 263 those findings, the Board of County Commissioners decides whether or not it can 264 reach each of the required conclusions specified in Section 70-7 below. 265 266 (7) The Board of County Commissioners may continue the hearing to a later meeting 267 to accommodate the presentation of additional testimony or evidence. If the time 268 and place of the continued hearing is announced in open session during the 269 hearing, no further notice need be given for the continued hearing. 270 271 70-6 Review and Decision: 272 273 (1) The applicant bears the burden of presenting sufficient evidence in support of the 274 application to allow the Board of County Commissioners, after weighing such 275 evidence against that presented in opposition to the application, to make findings 276 of fact that reasonably support each of the required conclusions outlined in 277 Section 70-7 as well as any applicable specific standards for the proposed use as 278 required by Section 72. If that burden is met, the Board of County Commissioners 279 must approve the application. If that burden is not met, the Board of County 280 Commissioners must deny the application, provided that if the Board of County 281 Commissioners determines that specific minor changes or additions to, or 282 restrictions on, the proposed development are necessary and sufficient to 283 overcome impediments to its reaching the required conclusions, it may approve 284 the application subject to reasonable conditions requiring such changes or 285 additions or imposing such restrictions. Such conditions may include time limits 286 for completion of development or for the start or end of certain uses or activities. 287 288 (2) A motion to approve the application must state the required conclusions and 289 include findings of fact on which the conclusions are based, plus any proposed 290 conditions of approval. The favorable vote of a majority of Board of County 291 Commissioners members present is necessary to pass such a motion. A motion to 292 deny the application must state which of the required conclusions cannot be 293 reached and include findings of fact on which the inability to reach the 294 conclusions is based. The favorable vote of a majority of Board of County 295 Commissioners members present is necessary to pass such a motion. If a motion 296 to approve the application fails, the application is deemed denied, and those 297 members voting against the motion must state which of the required conclusions 298 - 2 - 8ITEM: 2 Planning Board - February 2, 2017 A-425, (09/16) Page 9 of 18 they could not reach as well as findings of fact on which their inability to reach 299 the conclusions is based. 300 301 (3) Every decision by the Board of Commissioners issuing or denying a special use 302 permit shall be subject to review by the Superior Court by proceedings in the 303 nature of certiorari. Any petition for review by the Superior Court shall be filed 304 with the Clerk of Superior Court within 30 days after the decision of the Board is 305 filed in the Office of the Clerk to the Board, or after a written copy thereof is 306 delivered to every aggrieved party who has filed a written request for such copy 307 with the Clerk or Chairman of the Board at the time of the hearing of the case, 308 whichever is later. 309 310 70-7: Conclusions Required for Approval – The Board of County Commissioners shall approve 311 an application for a special use permit if it reaches each of the following conclusions based on 312 findings of fact supported by competent, substantial, and material evidence presented at the 313 hearing. 314 315 (1) The use will not materially endanger the public health or safety if located where 316 proposed and approved. 317 (2) The use meets all required conditions and specifications of the Zoning Ordinance; 318 (3) The use will not substantially injure the value of adjoining or abutting property, 319 or that the use is a public necessity. 320 321 (4) The location and character of the use if developed according to the plan as 322 submitted and approved will be in harmony with the area in which it is to be 323 located and in general conformity with the Comprehensive Land Use Plan for New 324 Hanover County. 325 326 Section 71: Validity, Extensions, and Changes for Approved Special Use Permits; Resubmittals of Denied 327 Applications 328 329 71-1: Validity and Extensions of Approved Special Use Permits: 330 331 (1) A special use permit, issued by the Board of County Commissioners, shall become 332 null and void if construction or occupancy of the proposed use as specified on the 333 special use permit is not commenced within twenty-four (24) months of the date 334 of issuance. If an extension is desired, a request must be submitted in writing to 335 the New Hanover County Planning Department prior to the expiration. 336 Extensions may be granted in accordance with Section 112-6 of the Ordinance. 337 338 (2) In the event of failure to comply with the plans approved by the Board of County 339 Commissioners or with any other conditions imposed upon the special use 340 permit, the permit shall thereupon immediately become void and of no effect. 341 No building permits for further construction or certificates of occupancy under 342 this special use permit shall be issued, and all completed structures shall be 343 - 2 - 9ITEM: 2 Planning Board - February 2, 2017 A-425, (09/16) Page 10 of 18 regarded as non-conforming uses subject to the provisions of Article IV of this 344 Ordinance provided, however, that the Board of County Commissioners shall not 345 be prevented from thereafter rezoning said property for its most appropriate use. 346 347 71-2 Changes to Approved Special Use Permits: 348 349 (1) The original applicant(s), their successors or their assignee may make minor 350 changes in the location and/or size of structures provided the necessity for these 351 changes is clearly demonstrated. Minor changes shall be reviewed by the 352 Planning Department and upon favorable recommendation by the Planning 353 Director may be approved by the Zoning Administrator. Such approval shall not 354 be granted should the proposed revisions cause or contribute to: 355 (A) A change in the character of the development. 356 (B) A change of design for, or an increase in the hazards to pedestrian and 357 vehicle traffic circulation, or 358 (C) A modification in the originally approved setbacks from roads and/or 359 property lines exceeding ten percent. 360 361 71-3 Resubmittals: 362 363 (1) An application for a special use which has been previously denied may be 364 resubmitted only if there has been a change in circumstances as determined by 365 the Planning Director or the director's designee. Evidence presented in support 366 of the new application shall initially be limited to what is necessary to enable the 367 Planning Director to determine whether there has been a substantial change in 368 the facts, evidence, or conditions of the case and shall include: 369 (A) Circumstances affecting the property that is the subject of the application 370 which have substantially changed since the denial; or 371 (B) New information available since the denial that could not with 372 reasonable diligence have been presented at a previous hearing. 373 If the Planning Director deems the evidence substantially changed, the proposal 374 may be resubmitted as a new application. Appeal of the Planning Director’s 375 decision may be made to the Board of County Commissioners. 376 377 378 379 ARTICLE XI: AMENDMENTS 380 381 111-2.1: Required community information meeting before consideration 382 383 Note: Article XI is proposed to be revised based on the changes below. Black text represents existing Zoning Ordinance Text. Red and Underlined text is text proposed to be added. Red and Strikethrough text is text proposed to be deleted. - 2 - 10ITEM: 2 Planning Board - February 2, 2017 A-425, (09/16) Page 11 of 18 Before an application will be accepted as complete for a zoning amendment or special 384 use permit for proposals involving Planned Development, Riverfront Mixed Use District, 385 Conditional Use Zoning District, Conditional Zoning District, or Exceptional Design Zoning 386 District, (11/13/12) or special use permits for uses classified as intensive manufacturing 387 the petitioner must include a written report of at least one (1) community information 388 meeting held by the petitioner. The community meeting shall be held prior to submission 389 of the application for map amendment, but after a pre-application conference with 390 Planning & Inspections staff. (11/13/12) for projects that require a pre-application 391 conference. The primary purpose of the community meeting is to explain the upcoming 392 proposal and field questions from people in the surrounding area. 393 394 The applicant shall provide written notice by mail or other agreed upon measure at least 395 ten days prior to the date of the neighborhood meeting. Notice shall be provided to each 396 owner of record of land and any current tenants within 500 feet of and on the property 397 for which development approvals are sought. Notice shall also be provided to (11/13/12) 398 organizations entitled to notice based on a standing written request on file with the Clerk 399 to the Planning Board (“Sunshine List”). The meeting should focus on information 400 exchange between an applicant and the specific invitees but should be open to the 401 general public as well. 402 403 The report shall include, at a minimum the following: 404 405 (1) A list of those that were not able to be contacted and reason(s) why contact was not 406 successful 407 (2) Date, time and location of the meeting; 408 (3) Roster of the persons in attendance at the meeting; 409 (4) Summary of issues discussed at the meeting; and 410 (5) Description of any changes or adjustments to the rezoning petition made by the 411 petitioner as a result of the community meeting. 412 413 In the event the petitioner has not held at least one (1) meeting pursuant to this 414 subsection, the petitioner shall file a report documenting efforts that were made to 415 arrange such a meeting and stating the reasons such a meeting was not held. The 416 adequacy of a meeting held or report filed pursuant to this section shall be considered by 417 the Planning Board in its decision and by the County Commissioners, as appropriate but 418 shall not be subject to judicial review. (9/07) 419 Section 50: Establishment of Use District 420 Table of Permitted Uses 421 Note: The Table of Permitted Uses (TOPU) is to be revised based on the changes below. The starting point for this table was the version of the TOPU recommended by the Planning Board in 2014, which translated the buckets for Limited, General, and Intensive manufacturing to specific uses and corresponding NAICS codes. In the table below, black text represents text unchanged from the 2014 TOPU. Red and Underlined text is text proposed to be added. Red and Strikethrough text is text proposed to be deleted. - 2 - 11ITEM: 2 Planning Board - February 2, 2017 A-425, (09/16) Page 12 of 18 Permitted Uses PD R 20S R 20 R 15 R 10 R 7 B 1 B 2 I 1 I 2 O & I A R A I S C R A R F M U Supp Regs NAICS Mining Mining & Quarrying (Low Intensity) S S 72-42 21 Mining & Quarrying (High Intensity) S 72-42 21 Manufacturing Artisan Manufacturing P P P P P P P Limited Manufacturing Animal Food Manufacturing P S P P P 3111 Grain and Oilseed Milling P S P P P 3112 Sugar and Confectionery Product Manufacturing P S P P P 3113 Fruit and Vegetable Preserving and Specialty Food Manufacturing P S P P P 3114 Dairy Product Manufacturing P S P P P 3115 Animal Slaughtering and Processing P S P P P 3116 Seafood Product Preparation and Packaging P S P P P 3117 Bakeries and Tortilla Manufacturing P S P P P 3118 Other Food Manufacturing P S P P P 3119 Beverage Manufacturing P S P P P 3121 Fiber, Yarn, and Thread Mills S P S 3131 Fabric Mills S P S 3132 Textile and Fabric Finishing and Fabric Coating Mills S P S 3133 Textile Furnishings Mills S P S 3141 Other Textile Product Mills S P S 3149 Apparel Knitting Mills S P S 3151 Cut and Sew Apparel Manufacturing P P P 3152 Apparel Accessories and Other Apparel Manufacturing P P P 3159 Footwear Manufacturing P P P 3162 Other Leather and Allied Product Manufacturing P P P 3169 Veneer, Plywood, and Engineered Wood Product Manufacturing S P P 3212 Printing and Related Support Activities P S P P P 3231 - 2 - 12ITEM: 2 Planning Board - February 2, 2017 A-425, (09/16) Page 13 of 18 Permitted Uses PD R 20S R 20 R 15 R 10 R 7 B 1 B 2 I 1 I 2 O & I A R A I S C R A R F M U Supp Regs NAICS Pharmaceutical and Medicine Manufacturing P P P 3254 Cutlery and Handtool Manufacturing P S P P P 3322 Architectural and Structural Metals Manufacturing S P S 3323 Boiler, Tank, and Shipping Container Manufacturing S P S 3324 Hardware Manufacturing P S P P P 3325 Spring and Wire Product Manufacturing P S P P P 3326 Other Fabricated Metal Product Manufacturing S P S 3329 Agriculture, Construction, and Mining Machinery Manufacturing P S P P P 3331 Industrial Machinery Manufacturing P S P P P 3332 Commercial and Service Industry Machinery Manufacturing P S P P P 3333 Ventilation, Heating, Air- Conditioning, and Commercial Refrigeration Equipment Manufacturing P S P P P 3334 Metalworking Machinery Manufacturing P S P P P 3335 Engine, Turbine, and Power Transmission Equipment Manufacturing P S P P P 3336 Other General Purpose Machinery Manufacturing P S P P P 3339 Computer and Peripheral Equipment Manufacturing P S P P P 3341 Communications Equipment Manufacturing P S P P P 3342 Audio and Video Equipment Manufacturing P S P P P 3343 Semiconductor and Other Electronic Component Manufacturing P S P P P 3344 Navigational, Measuring, Electromedical, and Control Instruments Manufacturing P S P P P 3345 Manufacturing and Reproducing Magnetic and Optical Media P S P P P 3346 - 2 - 13ITEM: 2 Planning Board - February 2, 2017 A-425, (09/16) Page 14 of 18 Permitted Uses PD R 20S R 20 R 15 R 10 R 7 B 1 B 2 I 1 I 2 O & I A R A I S C R A R F M U Supp Regs NAICS Electric Lighting Equipment Manufacturing P S P P P 3351 Household Appliance Manufacturing P S P P P 3352 Electrical Equipment Manufacturing P S P P P 3353 Other Electrical Equipment and Component Manufacturing P S P P P 3359 Motor Vehicle Manufacturing S P S 3361 Motor Vehicle Body and Trailer Manufacturing S P S 3362 Motor Vehicle Parts Manufacturing S P P 3363 Aerospace Product and Parts Manufacturing S P P 3364 Railroad Rolling Stock Manufacturing S P P 3365 Ship and Boat Building S P P 3366 Other Transportation Equipment Manufacturing S P P 3369 Medical Equipment and Supplies Manufacturing P P P 3391 Other Miscellaneous Manufacturing P S P P P 3399 Household and Institutional Furniture and Kitchen Cabinet Manufacturing P S P P P 3371 Office Furniture (including Fixtures) Manufacturing P S P P P 3372 Other Furniture Related Product Man. P S P P P 3379 General Manufacturing Textile and Fabric Finishing and Fabric Coating Mills S P 3133 Tobacco Manufacturing S P 3122 Other Textile Product Mills S P 3149 Leather and Hide Tanning and Finishing S P 3161 Footwear Manufacturing S P 3162 Other Leather and Allied Product Manufacturing S P 3169 Sawmills and Wood Preservation S P 3211 Veneer, Plywood, and Engineered Wood Product Manufacturing S P 3212 Other Wood Product Manufacturing S P 3219 - 2 - 14ITEM: 2 Planning Board - February 2, 2017 A-425, (09/16) Page 15 of 18 Permitted Uses PD R 20S R 20 R 15 R 10 R 7 B 1 B 2 I 1 I 2 O & I A R A I S C R A R F M U Supp Regs NAICS Converted Paper Product Manufacturing S P 3222 Basic Chemical Manufacturing S P 3251 Resin, Synthetic Rubber, and Artificial Synthetic Fibers and Filaments Manufacturing S P 3252 Paint, Coating, and Adhesive Manufacturing S P 3255 Soap, Cleaning Compound, and Toilet Preparation Manufacturing S P 3256 Other Chemical Product and Preparation Manufacturing [Except: Explosives Manufacturing (NAICS 325920) and All Other Miscellaneous Chemical Product and Preparation Manufacturing (NAICS 325998)] S P 3259 Plastics Product Manufacturing S P S 3261 Rubber Product Manufacturing S P 3262 Clay Product and Refractory Manufacturing S P 3271 Glass and Glass Product Manufacturing S P 3272 Cement and Concrete Product Manufacturing [Except: Cement Manufacturing (NAICS 32731)] S P 3273 Other Nonmetallic Mineral Product Manufacturing S P 3279 Iron and Steel Mills and Ferroalloy Manufacturing S P 3311 Steel Product Manufacturing from Purchased Steel S P 3312 Alumina and Aluminum Production and Processing [Except: Alumina Refining and Primary Aluminum Production (NAICS 331313) and Secondary Smelting and Alloying of Aluminum (NAICS 331314)] S P 3313 - 2 - 15ITEM: 2 Planning Board - February 2, 2017 A-425, (09/16) Page 16 of 18 Permitted Uses PD R 20S R 20 R 15 R 10 R 7 B 1 B 2 I 1 I 2 O & I A R A I S C R A R F M U Supp Regs NAICS Nonferrous Metal (except Aluminum) Production & Processing S P 3314 Forging and Stamping S P 3321 Boiler, Tank, and Shipping Container Manufacturing S P 3324 Coating, Engraving, Heat Treating, and Allied Activities S P 3328 Other Fabricated Metal Product Manufacturing S P 3329 Motor Vehicle Manufacturing S P 3361 Motor Vehicle Body and Trailer Manufacturing S P 3362 Motor Vehicle Parts Manufacturing S P 3363 Aerospace Product and Parts Manufacturing S P 3364 Railroad Rolling Stock Manufacturing S P 3365 Ship and Boat Building S P 3366 Other Transportation Equipment Manufacturing S P 3369 Medical Equipment and Supplies Manufacturing S P 3391 Machine Shops; Turned Product; and Screw, Nut, and Bolt Manufacturing S P 3327 Architectural and Structural Metals Manufacturing S P 3323 Apparel Knitting Mills S P 3151 Cut and Sew Apparel Manufacturing S P 3152 Apparel Accessories and Other Apparel Manufacturing S P 3159 Textile Furnishings Mills S P 3141 Fiber, Yarn, and Thread Mills S P 3131 Fabric Mills S P 3132 Intensive Manufacturing Pulp, Paper, and Paperboard Mills S 3221 Animal Slaughtering and Processing S 3116 Pulp, Paper, and Paperboard Mills S 3221 Petroleum and Coal Products Manufacturing S 3241 Basic Chemical Manufacturing S 3251 - 2 - 16ITEM: 2 Planning Board - February 2, 2017 A-425, (09/16) Page 17 of 18 Permitted Uses PD R 20S R 20 R 15 R 10 R 7 B 1 B 2 I 1 I 2 O & I A R A I S C R A R F M U Supp Regs NAICS Resin, Synthetic Rubber, and Artificial Synthetic Fibers and Filaments Manufacturing S 3252 Pesticide, Fertilizer, and Other Agricultural Chemical Manufacturing S 3253 Pharmaceutical and Medicine Manufacturing S 3254 Paint, Coating, and Adhesive Manufacturing S 3255 Soap, Cleaning Compound, and Toilet Preparation Manufacturing S 3256 Other Chemical Product and Preparation Manufacturing S 3259 Explosives Manufacturing S 325920 All Other Miscellaneous Chemical Product and Preparation Manufacturing S 325998 Plastics Product Manufacturing S 3261 Rubber Product Manufacturing S 3262 Clay Product and Refractory Manufacturing S 3271 Glass and Glass Product Manufacturing S 3272 Cement and Concrete Product Manufacturing S 3273 Cement Manufacturing S 32731 Lime and Gypsum Product Manufacturing S 3274 Other Nonmetallic Mineral Product Manufacturing S 3279 Alumina Refining and Primary Aluminum Production S 331313 Secondary Smelting and Alloying of Aluminum S 331314 Foundries S 3315 Fuel Bulk Storage Facilities S Electricity Generating Facilities S Sanitary Landfill S 72-13 562212 Mining & Quarrying (Low Intensity) S S 72-42 21 Mining & Quarrying (High Intensity) S 72-42 21 - 2 - 17ITEM: 2 Planning Board - February 2, 2017 A-425, (09/16) Page 18 of 18 REVIEW AND ACTION: This request has been processed and reviewed per Section 110 – Amending the Ordinance. Notices of the petition request have been disseminated per the requirements of the Zoning Ordinance. Action Needed  Motion to recommend approval of the staff recommended version of the proposal or an amended version of the proposal  Motion to “table” the item in order to receive more information  Motion to recommend denial of the amendment request based on specific reasons Example Motion for Approval: Motion to recommend approval, as the Planning Board finds that this request for a zoning ordinance amendment is: 1. Consistent with the purposes and intent of the 2016 Comprehensive Land Use Plan because [Describe elements of controlling land use plans and how the amendment is consistent]. 2. Reasonable and in the public interest because [Briefly explain why. Factors may include public health and safety, character of the area and relationship of uses, applicable plans, or balancing benefits and detriments.]. Example Motion for Denial: Motion to recommend denial, as the Planning Board finds that this request for a zoning ordinance amendment is: 1. Not Consistent with the purposes and intent of the 2016 Comprehensive Land Use Plan because [Describe elements of controlling land use plans and how the amendment is not consistent]. 2. Not reasonable or in the public interest because [Briefly explain why not. Factors may include public health and safety, character of the area and relationship of uses, applicable plans, or balancing benefits and detriments.]. - 2 - 18ITEM: 2 Planning Board - February 2, 2017 NEW HANOVER COUNTY PLANNING BOARD REQUEST FOR BOARD ACTION MEETING DATE: February 2, 2017 REGULAR ITEM: DEPARTMENT: PRESENTER(S): Brad Schuler, Current Planner CONTACT(S): Brad Schuler; and Ben Andrea, Current Planning & Zoning Supervisor SUBJECT: Public Hearing Rezoning Request (Z-962, 11/16) - Request by Frank Braxton and Bryan Hamby on behalf of the property owner, Holdings of TCM, Inc., to rezone 13.98 acres located at the 120 block of Battleship Road, from B-2, Highway Business District, to R-10 Residential District. BRIEF SUMMARY: The proposed rezoning includes a 13.98 acre parcel located at the 120 block of Battleship Road. The property was zoned I-2 when zoning was initially applied to this area in 1972. In 1998, the property was rezoned to B-2 (Z-639). The property is located west of the Cape Fear River, directly across from Downtown Wilmington. The Battleship North Carolina is located north of the property. To the west and east is undeveloped land within Brunswick County. The Battleship and subject property are currently zoned B-2. The applicant is seeking to rezone the property to R-10. As this is a general use rezoning, the application does not include a site specific development plan, and no specific development can be conditioned or guaranteed to be constructed on the property. If this application is approved, then the property can be developed in accordance with regulations for the R-10 zoning district. The 2016 Comprehensive Plan classifies the property as Urban Mixed Use and Conservation, however the vast majority of the property (approx. 13 acres) is classified as Urban Mixed Use. This place type promotes development of a mix of residential, office, and retail uses at higher densities. Types of uses encouraged include office, retail, mixed use, small recreation, commercial, institutional, single-family, and multi-family residential. On its own, the proposed residential rezoning does not allow for the mix of uses desired for this place type. In conjunction with the adjacent B-2 zoned parcel, a mixed use area would be possible, though it may not meet the density and mix of uses recommended in the plan. The subject property has high-visibility, is located along a public shoreline, and is immediately adjacent to a historic area of the County with rich economic, natural, cultural, and historic resources. This general use rezoning application does not contain sufficient information or safeguards that these resources would be protected. In addition, the existing B-2 zoning district and the River Front Mixed Use zoning district allow for more opportunities for the type of development promoted by the Urban Mixed Use place type, even given the environmental constraints of the subject property. This application would be moving the County’s development pattern away from the direction outlined in the Comprehensive Plan’s vision. Therefore, this application is not consistent with the 2016 Comprehensive Plan. ITEM: 3 Planning Board - February 2, 2017 STRATEGIC PLAN ALIGNMENT: Intelligent Growth and Economic Development • Implement plans for land use, economic development, infrastructure and environmental programs • Understand and act on citizen needs RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends denial and suggests the following motion: Motion to recommend denial, as the Planning Board finds that this request for a zoning map amendment of 13.98 acres from B-2, Highway Business District, to R-10, Residential District, as described is: 1. Not consistent with the purposes and intent of the 2016 Comprehensive Plan because the proposal will not support a mixture of compatible uses as encouraged in the Urban Mixed Use place type, and because the R-10 zoning district has fewer opportunities for the type of development promoted by this place type. 2. Not reasonable and not in the public interest because the subject property has high-visibility, is located along a public shoreline and immediately adjacent to a historic area of the County with rich natural resources, and there is insufficient information in the application or to ensure that the County’s economic, cultural, and natural resources will be protected. ATTACHMENTS: Z-962 Script for PB Z-962 Staff Summary PB Z-962 Neighbor Properties Map Z-962 Zoning Map Z-962 Future Land Use Map Z-962 Water Sewer Map Z-962 Applicant Materials Cover Page Z-962 Application ITEM: 3 Planning Board - February 2, 2017 SCRIPT for Zoning Map Amendment Application (Z-962, 11/16) Request by Frank Braxton and Bryan Hamby on behalf of the property owner, Holdings of TCM, Inc., to rezone 13.98 acres located at the 120 block of Battleship Road, from B-2, Highway Business District, to R-10, Residential District. 1. This is a public hearing. We will hear a presentation from staff. Then the applicant and any opponents will each be allowed 15 minutes for their presentation and additional 5 minutes for rebuttal. 2. Conduct Hearing, as follows: a. Staff presentation b. Applicant’ s presentation (up to 15 minutes) c. Opponent’s presentation (up to 15 minutes) d. Applicant’s cross examination/rebuttal (up to 5 minutes) e. Opponent’s cross examination/rebuttal (up to 5 minutes) 3. Close the Public Hearing 4. Board discussion 5. At this time, you may ask to either continue the application to a future meeting, or to proceed with this Board deciding whether to recommend approval or denial of the application. What do you wish to do? 6. Vote on the rezoning application. The motion should include a statement saying how the change is, or is not, consistent with the land use plan and why it is, or is not, reasonable and in the public interest. Staff Suggested Motion: Motion to recommend denial, as the Planning Board finds that this request for a zoning map amendment of 13.98 acres from B-2, Highway Business District, to R-10, Residential District, as described is: 1. Not consistent with the purposes and intent of the 2016 Comprehensive Plan because the proposal will not support a mixture of compatible uses as encouraged in the Urban Mixed Use place type, and because the R-10 zoning district has fewer opportunities for the type of development promoted by this place type. 2. Not reasonable and not in the public interest because the subject property has high-visibility, is located along a public shoreline and immediately adjacent to a historic area of the County with rich natural resources, and there is insufficient information in the application or to ensure that the County’s economic, cultural, and natural resources will be protected. - 1 - 1ITEM: 3 Planning Board - February 2, 2017 Z-962, (11/16) Page 1 of 7 Z-962 STAFF SUMMARY ZONING MAP AMENDMENT APPLICATION APPLICATION SUMMARY Case Number: Z-962, 11/16 Request: General use rezoning application proposing to rezone 13.98 acres from B-2 to R-10. Applicant: Property Owner(s): Frank Braxton and Bryan Hamby Holdings of TCM, Inc. Location: Acreage: 120 block of Battleship Road 13.98 acres PID(s): Comp Plan Place Type: R05300-001-002-000 Urban Mixed Use (approx. 13 acres) & Conservation (approx. 1 acre) Existing Land Use: Proposed Land Use: Undeveloped N/A Current Zoning: Proposed Zoning: B-2 R-10 SURROUNDING AREA LAND USE ZONING North Battleship North Carolina/Undeveloped B-2 East Downtown Wilmington/Cape Fear River Central Business District (CBD), Historic District- Overlay (HDO) South Undeveloped (Brunswick County) Industrial-General West Undeveloped (Brunswick County) Industrial-General - 2 - 1ITEM: 3 Planning Board - February 2, 2017 Z-962, (11/16) Page 2 of 7 ZONING HISTORY July 1, 1972 Initially zoned I-2 December 7, 1998 Rezoned to B-2 (Z-639) COMMUNITY SERVICES Water/Sewer Plans have been approved by CFPUA to bring water and sewer service to the subject property. Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire District, New Hanover County Station 12 Schools Wrightsboro Elementary, Eaton Elementary, Virgo Preparatory Academy, and New Hanover High schools Recreation Riverfront Park and Claude Howell Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation A small portion of the property is located within the Brunswick River/Cape Fear River Marshes Significant Natural Heritage Area Historic The surrounding portion of Cape Fear River consists of many sunken ships, including the tugboat Isco. Eagles Island also has a history with the Gullah Geechee culture. Archaeological TRANSPORTATION  Access is provided to the subject property by USS North Carolina Road (SR 1352) and Battleship Road (SR 1300).  The NHC/City of Wilmington Greenway Plan proposes that a greenway be installed along USS North Carolina Road. - 2 - 2ITEM: 3 Planning Board - February 2, 2017 Z-962, (11/16) Page 3 of 7 Traffic Count - 2016 Road Location Volume Capacity V/C LOS USS North Carolina Road 120 Block 727 5,000 0.15 A ENVIRONMENTAL  Portions of the property are located within an AE Special Flood Hazard Area, with a Base Flood Elevation of 9 feet. The proposed preliminary flood maps expand this flood zone to cover the entire property.  Data provided by the North Carolina Department of Coastal Management show that portions of the property may be classified as wetlands, specifically depressional swamp forest. If the property is developed, additional verification of the potential wetlands must be conducted by the US Army Corps of Engineers during the permitting process.  Approximately 0.7 acres of the western portion of the property is classified as the Brunswick River/Cape Fear River Marshes Significant Natural Heritage Area in the New Hanover County Natural Area Inventory. The North Carolina Natural Heritage Program gives the Brunswick River/Cape Fear River Marshes area a collective rating of 2-Very High, meaning there are at minimum seven natural elements located within the area.  The subject property is within the Cape Fear River (SC) watershed.  The subject property contains Class IV (Unsuitable), and unclassified soils. 2016 COMPREHENSIVE PLAN The New Hanover County Future Land Use Map provides a general representation of the vision for New Hanover County’s future land use, as designated by place types describing the character and function of the different types of development that make up the community. Specific goals of the comprehensive plan are designated to be promoted in each place type, and other goals may be relevant for particular properties, such as ones along public shorelines. Future Land Use Map Place Type Urban Mixed Use (approx.13 acres) & Conservation (approx. 1 acre, located in the southeastern corner of the property) Place Type Description The Urban Mixed Use place type promotes development of a mix of residential, office, and retail uses at higher densities. Types of use s encouraged include office, retail, mixed use, small recreation, commercial, institutional, single-family, and multi-family residential. The Conservation place type includes areas of natural open space and are intended to protect the natural environment, water quality, and wildlife habitat. These areas should be reserved for low-impact recreation and environmental education. Consistency Analysis As the vast majority of the property is within the Urban Mixed Use place type, staff focused on the application’s consistency with that place type. If a development specific plan is submitted for the property, staff will review the potential impacts to the Conservation area. - 2 - 3ITEM: 3 Planning Board - February 2, 2017 Z-962, (11/16) Page 4 of 7 Consistency Analysis On its own, the proposed residential rezoning does not allow for the mix of uses desired for this place type. In conjunction with the adjacent B-2 zoned parcel, a mixed use area would be possible, though it may not meet the density and mix of uses recommended in the plan. Relevant Goals of the Comprehensive Plan Goal I: Support business success Desired Outcome: A vibrant economy for New Hanover County based on business success. Consistency Analysis: Mixed use areas generally seek to provide sufficient residential density to support nearby commercial uses. While the R-10 zoning district is a higher density district, the developer has indicated that site restrictions requires smaller scale residential, which would not meet the objectives of the plan. Goal VI: Conserve and enhance our unique sense of place to attract individuals, companies, and organizations Desired Outcome: Enhance our reputation as a desirable community to live and operate a business based on New Hanover County’s rich history, natural environment, and unique features. Consistency Analysis: The location of this property along the Cape Fear River directly across from historic downtown Wilmington is highly visible. A general use rezoning provides insufficient information to determine whether future development of this area protects and enhances the tourism economic engine. In addition, there are no subsequent approvals required by the current zoning ordinance that would provide that safeguard. In addition, the adjacent Battleship is an important cultural resource and tourist destination that should be enhanced by any development of the subject property. A general use rezoning also does not highlight the rich history and natural resources of Eagles Island. Goal VIII: Integrate multi- modal transportation into mixed land uses that encourage safe, walkable communities Desired Outcome: A community with a mixture of land uses that allows for individuals to perform daily tasks without the use of an automobile. A community where individuals can safely walk, bike, and access transit. - 2 - 4ITEM: 3 Planning Board - February 2, 2017 Z-962, (11/16) Page 5 of 7 Consistency Analysis: As a general use rezoning, the application provides no information on multi-modal features for the proposed residential development. Goal IX: Promote environmentally responsible growth Desired Outcome: Development that accommodates population growth while minimizing negative impacts on natural resources. Consistency Analysis: The small scale residential development described in the application would do little to accommodate population growth or meet other goals of the comprehensive plan but is located in an environmentally constrained, flood-prone area. Goal XV: Provide for a range of housing types, opportunities, and choices Desired Outcome: Citizens are not overburdened with the costs or availability of housing but have a diverse range of options that are affordable at different income levels. Consistency Analysis: One of the guidelines for this goal is to incentivize, through the development process, the inclusion of variety housing choices and opportunities in urban and community mixed use areas so that safe and conveniently located communities are available. As a general use rezoning, there is no mechanism for the County to incentivize diverse housing options for the proposed residential development. Goal XVIII: Increase physical activity and promote healthy active lifestyles Desired Outcome: A built environment that encourages active lifestyles and increased health through walking and biking. Consistency Analysis: As a general use rezoning, the application provides no information on multi-modal features for the proposed residential development. Goal VII: Promote place-based economic development in the region that is tied to our natural resources Desired Outcome: Coordinate economic development efforts with New Hanover County’s naturally bio-diverse region and unique features. Consistency Analysis: Guidelines for this goal include identifying the environmental assets and locations where greenways, blueways, public access, and trails would enhance economic development while not diminishing the resource and providing for the protection and development of public shorefront and boat access. The general use residential rezoning of this project does not provide for economic development and gives no mechanism for the County to coordinate efforts with the developer. Goal X: Conserve environmentally critical areas Desired Outcome: Utilize environmentally critical areas for outdoor recreation, healthy watersheds, and maintenance of critical habitats Consistency Analysis: Portions of the subject property are located within a Special Flood Hazard Area, and a Natural Heritage Area. The property also may contain regulated wetlands. As this is a general use rezoning, the County cannot evaluate potential impacts to these environmental features. - 2 - 5ITEM: 3 Planning Board - February 2, 2017 Z-962, (11/16) Page 6 of 7 Goal XIV: Actively promote high quality education and diverse cultural opportunities for New Hanover County residents and visitors Desired Outcome: High quality education and diverse opportunities that sustain the economic vitality of our community and enrich the lives of current and future residents. Consistency Analysis: One of the primary implementation strategies for this goal is forming diverse partnerships to maximize utilization and improve access to recreation and cultural opportunities and assets for New Hanover County residents and visitors. Where development projects include protected cultural resources, such as the Battleship, they are encouraged to promote the resource as an asset to the development. While this Battleship is only adjacent to the subject site, it is an important cultural resource. As a straight rezoning, there is no way for the County to encourage the development to enhance the Battleship. Staff Consistency Recommendation The subject property has high-visibility, is located along a public shoreline, and is immediately adjacent to a historic area of the County with rich economic, natural, cultural, and historic resources. This general use rezoning application does not contain sufficient information or safeguards that these resources would be protected. In addition, the existing B-2 zoning district and the River Front Mixed Use zoning district allow for more opportunities for the type of development promoted by the Urban Mixed Use place type, even given the environmental constraints of the subject property. This application would be moving the County’s development pattern away from the direction outlined in the Comprehensive Plan’s vision. Therefore, this application is not consistent with the 2016 Comprehensive Plan. CREATE WILMINGTON COMPREHENSIVE PLAN Because the area is adjacent to the City of Wilmington, staff requested the City’s Planning Department to comment on the application’s consistency with the City’s Comprehensive Plan. City planning staff reviewed the application with the City’s plan, Create Wilmington Comprehensive Plan, and stated they would not be supportive of a general/straight rezoning for the property. Specifically, the application would:  not support the tenet of a mixed use center/place;  not bring services closer to people, or people closer to services;  not be an appropriate development density; does not promote a more walkable or bikeable city, nor does it appear to be supported by walking or biking facilities;  not create or be supported by transit ready development; would not be supportive infill;  potentially support environmental or natural resource objectives. STAFF RECOMMENDATION Staff recommends denial of the application. Staff concludes that the application is: 1. Not consistent with the purposes and intent of the 2016 Comprehensive Plan because the proposal will not support a mixture of compatible uses as encouraged in the Urban Mixed - 2 - 6ITEM: 3 Planning Board - February 2, 2017 Z-962, (11/16) Page 7 of 7 Use place type, and because the R-10 zoning district has fewer opportunities for the type of development promoted by this place type. 2. Not reasonable and not in the public interest because the subject property has high-visibility, is located along a public shoreline and immediately adjacent to a historic area of the County with rich natural resources, and there is insufficient information in the application or to ensure that the County’s economic, cultural, and natural resources will be protected. - 2 - 7ITEM: 3 Planning Board - February 2, 2017 1 0 0 2 4TH ST S2ND ST S3RD ST SFRONT ST SDOCK ST WATER ST SPRINCESS ST 2ND ST N3RD ST N4TH ST NUS H W Y 7 4 / 7 6 GRACE ST NUN ST US HWY 421 NBATTLESHIP RD NECHESTNUT ST MARKET ST WATER ST NFRONT ST N5TH AVE NANN ST USS NORTH CAROLINA RD ORANGE ST CHURCH ST PRIVATE COTTAGE LN CHURCH ALY XING QUINCE ALY WILKINSON ALY CABIC ALY HASKINS ALY 5TH AVE NANN ST ORANGE ST CHURCH ST NUN ST 1,000 Feet®HNC Z-962 CITY B-2 Case: Rezoning Request: Z-962 Existing Zoning/Use: Proposed Zoning:Site Address: 125 Battleship Rd B-2/Undeveloped R-10 (Residential) Parcels within 500 Feet of Case Site!!!!!!!!!!!!!!!!!!!!!!!!!!!!Case SiteNeighboring Parcels 3 4 5 6 Z-962 ID Physical Address1 101 USS NC BATTLESHIP RD2 105 BATTLESHIP RD0 125 BATTLESHIP RD3 116 BATTLESHIP RD NE4 109 BATTLESHIP RD NE5 NO ADDRESS IN BRUNS CO GIS6 NO ADDRESS IN BRUNS CO GIS From Bruns Co GIS New Hanover Co- 3 - 1ITEM: 3Planning Board - February 2, 2017 CITY B-2 2ND ST S3RD ST SFRONT ST S4TH ST SWATER ST SDOCK ST NUN ST US HWY 421 NPRINCESS ST BATTLESHIP RD NEUS HW Y 7 4 / 7 6 2ND ST N3RD ST N4TH ST NMARKET ST CHESTNUT ST WATER ST NFRONT ST NCHURCH ST USS NORTH CAROLINA RD ANN ST PRIVATE ORANGE ST CRAIG ALY COTTAGE LN CHURCH ALY XING QUINCE ALY WILKINSON ALY CABIC ALY HASKINS ALY NUN ST ANN ST 1,000 Feet®HNC Z-962 Case: Rezoning Request: Z-962 Existing Zoning/Use: Proposed Zoning:Site Address: 125 Battleship Rd B-2/Undeveloped R-10 (Residential) Zoning Districts SHOD A-IAR B-1 B-2 EDZDI-1 I-2 O&I PDR-10 R-15 R-20 R-20S R-7 RA RFMU SC Incorporated Areas Indicates Conditional Use District (CUD)Indicates Conditional Zoning District (CZD)See Section 55.1 of the Zoning OrdinanceCOD- 4 - 1ITEM: 3Planning Board - February 2, 2017 CONSERVATION URBAN MIXED USE 4TH ST S2ND ST S3RD ST SFRONT ST SDOCK ST WATER ST SUS HW Y 7 4 / 7 6 PRINCESS ST 2ND ST N3RD ST NNUN ST US HWY 421 N4TH ST NBATTLESHIP RD NECHESTNUT ST MARKET ST WATER ST NFRONT ST NGRACE ST USS NORTH CAROLINA RD ANN ST ORANGE ST PRIVATE CHURCH ST COTTAGE LN CHURCH ALY XING QUINCE ALY WILKINSON ALY CABIC ALY HASKINS ALY NUN ST CHURCH ST ANN ST ORANGE ST 1,000 Feet®HNC Z-962 Case: Rezoning Request: Z-962 Existing Zoning/Use: Proposed Zoning:Site Address: 125 Battleship Rd B-2/Undeveloped R-10 (Residential) Place Types Commerce Zone Employment Center General Residential Urban Mixed Use Community Mixed Use Rural Residential Conservation- 5 - 1ITEM: 3Planning Board - February 2, 2017 4TH ST S2ND ST S3RD ST SFRONT ST SDOCK ST US HW Y 7 4 / 7 6 WATER ST SPRINCESS ST 2ND ST NNUN ST 3RD ST NUS HWY 421 N4TH ST NBATTLESHIP RD NEMARKET ST CHESTNUT ST WATER ST NFRONT ST NGRACE ST USS NORTH CAROLINA RD ANN ST ORANGE ST PRIVATE CHURCH ST COTTAGE LN CHURCH ALY XING QUINCE ALY WILKINSON ALY CABIC ALY HASKINS ALY NUN ST ANN ST CHURCH ST 1,000 Feet®HNC Z-962 Case: Rezoning Request: Z-962 Existing Zoning/Use: Proposed Zoning:Site Address: 125 Battleship Rd B-2/Undeveloped R-10 (Residential) Sewer Collector Water Distribution Main - 6 - 1ITEM: 3Planning Board - February 2, 2017 APPLICANT MATERIALS - 7 - 1ITEM: 3 Planning Board - February 2, 2017 - 7 - 2ITEM: 3 Planning Board - February 2, 2017 - 8 - 1ITEM: 3 Planning Board - February 2, 2017 - 8 - 2ITEM: 3 Planning Board - February 2, 2017 - 8 - 3ITEM: 3 Planning Board - February 2, 2017 - 8 - 4ITEM: 3 Planning Board - February 2, 2017 - 8 - 5ITEM: 3 Planning Board - February 2, 2017 Metes and Bounds Description Parcel 2A (R05300-001-002-000): Beginning at an existing solid iron a property corner lying in the northern line of a tract of land referenced in the Brunswick County Registry within Deed Book 432 Page 483 and depicted on a survey recorded within Map Book 6 Page 101, portions of said northern line being the county boundary line between New Hanover and Brunswick Counties per a unrecorded map provided by NCDOT prepared by Stuart Benson, PLS, entitled, “W.W. Skeets Winner Docking Facility”, dated March 2000; said property corner also being a county boundary corner; said property corner EIR1 also being the point and place of beginning having localized ground coordinates in U.S. survey feet of Northing 176,957.9733 Easting 2,316,156.0852 based upon North Carolina FIP3200 state plane coordinates for survey localization point NGS monument “V215” lying a localized ground distance of S 51° 03' 42” E 2,989.81' from EIR1; Commencing at the Point of Beginning and running thence with the county boundary line adjoining a parcel of land referenced in the Brunswick County Registry within Deed Book 250 Page 694, North 00°27'47" East 1,165.86' to NIP12, a new iron rebar set, lying in the southern 60' public right-of-way of NCSR No.1352 (U.S.S. N.C. Battleship Road) computed per the NCDOT provided unrecorded survey; running thence with the NCSR 1352 right-of-way North 84°53'07" East 184.68' to NIP1, a new iron rebar set lying in the asphalt apron, a 60' public right-of-way intersection corner between NCSR 1352 and NCSR 1300 (International Paper Company Road); running thence with the 60' public right-of-way of NCSR 1300 South 04°05'22" East 514.96' to NIP2, a new iron rebar set and the beginning of a curve tangent to said line; running thence southerly and southwesterly along a curve concave to the west, the NCSR 1300 western right-of-way, an arc distance of 620.68', having a radius of 1215.00', a central angle of 29°16'10" and subtended by a chord bearing S 10° 32' 43” W 613.96' to NIP4, a new iron rebar set in the NCSR 1300 western right-of-way; running thence tangent to said curve South 25°10'48" West 94.72' to NIP5, a new iron rebar set in the NCSR 1300 western right-of-way and in the northern line of a tract of land referenced in the Brunswick County Registry within Deed Book 432 Page 483 and depicted on a survey recorded within Map Book 6 Page 101, said NIP5 also being located in the county boundary line; running thence North 75°03'06" West 80.15' leaving the NSRS1300 right-of-way and with the county boundary line and along the northern boundary of an adjoining 25' access easement to EIR1, the Point of Beginning containing 230,230 square feet (5.287 Acres) as depicted on a survey by ESP Associates, P.A., entitled “ALTA/ACSM LAND TITLE SURVEY OF DB 5824 PG 1509”, dated March 11, 2016. Metes and Bounds Description Parcel 2B (R05300-001-002-000): Beginning at NIP9, a new iron rebar pin set in the eastern 60' public right-of-way of NCSR No.1300 (International Paper Company Road), a property corner lying in the division line between Tract 4 and Tract 5 as referenced in the New Hanover County Registry within Deed Book 5824 Page 1509 and depicted on a survey recorded within Deed Book 219 Page 282 1/2, said NIP9 also being the point and place of beginning having localized ground coordinates in U.S. survey feet of Northing 177,869.7527 Easting 2,316,428.9498 based upon North Carolina FIP3200 state plane coordinates for survey localization point NGS monument “V215” lying a localized ground distance of South 36° 20' 06” East 3,464.42' from NIP9; Commencing at the Point of Beginning and running thence with the division line between Tract 4 and Tract 5 North 85°35'48" East 264.91' to a computed point in the normal high water (NHW) of the ditch, said point being witnessed by RIS10, a rebar reference iron set on the tract line South 85°35'48" West - 8 - 6ITEM: 3 Planning Board - February 2, 2017 198.75' from the computed point referenced hereon as the centerline of ditch and lying on the tract line South 85°35'48" West 250.00' from the beginning wharf corner as shown per Deed Book 219 Page 282 ½; running thence southerly along the Cape Fear River with the established tidal MHW line the following courses and distances: From a tie on the centerline of the ditch thence South 01°02'43"East 24.94' to an established MHW point; thence South 03°03'01" West 28.23' to an established MHW point; thence South 20°45'05" West 15.96' to an established MHW point; thence South 05°09'05" West 58.35' to an established MHW point; thence South 13°55'18" West 34.74' to an established MHW point; thence South 00°43'32" East 23.09' to an established MHW point; thence South 24°31'45" East 36.83' to an established MHW point; thence South 24°00'37" East 34.78' to an established MHW point; thence South 01°57'04" East 41.03' to an established MHW point; thence South 18°46'03" East 18.37' to an established MHW point; thence South 16°08'27" West 22.22' to an established MHW point; thence South 02°09'17" West 36.94' to an established MHW point; thence South 36°12'51" West 39.64' to an established MHW point; thence South 00°43'14" East 51.28' to an established MHW point; thence South 06°27'38" East 6.19' to an established MHW point; thence South 00°58'21" West 36.11' to an established MHW point; thence South 27°33'42" West 34.97' to an established MHW point; thence South 26°44'21" West 32.06' to an established MHW point; thence South 38°27'36" West 21.72' to an established MHW point; thence South 26°59'23" West 42.04' to an established MHW point; thence South 11°03'33" West 63.39' to an established MHW point; thence South 22°37'47" West 45.54' to an established MHW point; thence South 88°31'17" West 25.00' to an established MHW point; thence North 83°08'23" West 38.71' to an established MHW point; thence North 84°14'55" West 77.78' to an established MHW point; thence South 77°08'44" West 22.22' to an established MHW point; thence South 06°17'52" West 20.16' to an established MHW point; thence South 41°26'19" East 21.18' to an established MHW point; thence South 16°58'21" East 38.20' to an established MHW point; thence South 12°54'08" East 26.14' to an established MHW point; thence South 12°53'19" East 47.70' to an established MHW point; thence South 34°53'32" East 14.77' to an established MHW point; thence South 20°30'07" East 12.39' to an established MHW point; thence South 80°27'35" West 25.85' to an established MHW point; thence North 40°21'49" West 26.48' to an established MHW point; thence South 43°04'55" West 21.76' to an established MHW point; thence South 43°29'53" West 32.00' to an established MHW point; thence South 18°26'34" West 14.09' to an established MHW point; thence South 62°04'57" West 9.70' to an established MHW point; thence South 01°02'26" East 23.98' to an established MHW point; thence South 51°03'12" West 50.85' to an established MHW point; thence South 37°08'03" West 51.27' to an established MHW point; thence South 22°09'01" East 32.42' to an established MHW point; thence South 74°52'15" East 11.08' to an established MHW point; thence South 85°36'14" East 50.82' to an established MHW point; thence South 83°55'51" East 55.38' to an established MHW point; thence South 24°16'09" East 23.37' to an established MHW point; thence South 49°58'41" East 16.68' along the MHW line to an existing 40” cypress tree stump on the bank of the Cape Fear River and in the county boundary line between New Hanover and Brunswick Counties per a unrecorded map provided by NCDOT prepared by Stuart Benson, PLS, entitled, “W.W. Skeets Winner Docking Facility”, dated March 2000; Running thence and leaving the MHW line of the Cape fear River North 75°03'06" West 383.58' to NIP7, a new iron rebar set in the NCSR 1300 eastern right-of-way and in the northern line of a - 8 - 7ITEM: 3 Planning Board - February 2, 2017 tract of land referenced in the Brunswick County Registry within Deed Book 432 Page 483 and depicted on a survey recorded within Map Book 6 Page 101, said NIP7 also being located in the county boundary line; running thence with the easterly 60' public right-of-way of NCSR1300 North 25°10'48" East 83.89' to NIP5, a new iron rebar set in the NCSR 1300 eastern right-of-way and tangent to the beginning of a curve; running thence northwardly , along the curve concave to the west, the NCSR 1300 eastern right-of-way, an arc distance of 651.33', having a radius of 1275.00', a central angle of 29°16'10" and subtended by a chord bearing North 10°32'43" East 644.28' to NIP3, a new iron rebar set in the NCSR 1300 eastern right-of-way; running thence tangent to said curve North 04°05'22" West 239.48' to NIP9, the Point of Beginning containing 378,745 square feet (8.695 Acres) as depicted on a survey by ESP Associates, P.A., entitled “ALTA/ACSM LAND TITLE SURVEY OF DB 5824 PG 1509”, dated March 11, 2016. - 8 - 8ITEM: 3 Planning Board - February 2, 2017 - 8 - 9ITEM: 3 Planning Board - February 2, 2017 - 8 - 10ITEM: 3Planning Board - February 2, 2017 NEW HANOVER COUNTY PLANNING BOARD REQUEST FOR BOARD ACTION MEETING DATE: February 2, 2017 REGULAR ITEM: DEPARTMENT: PRESENTER(S): Current Planner Brad Schuler CONTACT(S): Brad Schuler; Ben Andrea, Current Planning & Zoning Supervisor SUBJECT: Public Hearing Rezoning Request (Z-966, 1/17) – Request by Design Solutions on behalf of the property owner, New Beginning Christian Church, to rezone 8.57 acres located at the 3100 block of Blue Clay Road, from (CZD) R-10, Conditional Residential District, to (CUD) R-10, Conditional Use Residential District, and for a Special Use Permit for a high density development consisting of 68 dwelling units. BRIEF SUMMARY: The proposed rezoning includes 8.57 acres of a 17.93 acre parcel located at the 3100 block of Blue Clay Road, approximately one half mile north of the intersection with Kerr Avenue. The property was zoned R-20 when zoning was initially applied to this area in 1974. This past April, the property was rezoned to a Conditional R-10 district in order to allow for the development of a 46 lot performance residential subdivision (Z-950). The zoning in the vicinity consists of mostly residential and industrial districts. The residential districts, including R-10, (CZD) R-10, R-15, and R-20 can be found to the north, south, and west of the property. Adjacent to the property to the north is a large tract of R-10 zoning, approximately 260 acres in area, which contains the Ivy Woods and Runnymeade subdivisions. To the south, is property recently rezoned to (CZD) R-10 in order to allow for the development of a performance residential subdivision. That development, Rachel’s Place, is currently under construction. The industrial districts, including I-2 and AI, are located to the east and south of the property, and contain the North Kerr Industrial Park and Wilmington International Airport. The petitioner is seeking this rezoning in order to develop a high density development consisting of 68 dwelling units. A Conditional Use District requires all proposed uses obtain a Special Use Permit. In this application, the use proposed is an Active Adult Retirement Community or Independent Living facility. The Active Adult Retirement Community will generate 9 trips in the AM peak, and 12 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 2016 Comprehensive Land Use Plan classifies the subject property as Community Mixed Use. This place type focuses on small-scale, compact, mixed use development patterns that serve all modes of travel and act as an attractor for county residents and visitors. Overall, the proposed development is consistent with the comprehensive plan. Multi-family residential is encouraged within the Community Mixed Use place type. The 7+ dwelling units per acre of this development is consistent with this recommendation and is the average density needed to support the small-scale, compact, mixed use development patterns that this place type promotes. Conditional Use Zoning Districts shall be considered for approval or denial as a two-part process. The ITEM: 4 Planning Board - February 2, 2017 proposed Conditional Use District rezoning is considered first, then the companion Special Use Permit proposal. 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: CONDITIONAL USE ZONING DISTRICT Staff recommends approval and suggests the following motion: Motion to recommend approval, as the Planning Board finds that this request for a zoning map amendment of 8.57 acres from (CZD) R-10, Conditional Residential District, to (CUD) R-10, Conditional Use Residential District, as described is: 1. Consistent with the purposes and intent of the 2016 Comprehensive Plan because Multi-family residential is encouraged within the Community Mixed Use place type. The proposed density is consistent with the Plan and is the average density needed to support the small-scale, compact, mixed use development patterns that this place type promotes. 2.Reasonable and in the public interest because the development is located in close proximity to water and sewer utilities, and will provide pedestrian amenities to help promote a safe, walkable community. The development is also located close to services and employment centers which may minimize vehicle trips for the residents. SPECIAL USE PERMIT Example Motion for Approval Motion to recommend approval, as the Planning Board finds that this application for a Special Use Permit to develop a high density development: 1. Will not materially endanger the public health or safety; 2. Meets all required conditions and specifications of the Zoning Ordinance; 3. Will not substantially injure the value of adjoining or abutting property; and 4.Will be in harmony with the surrounding area, and is in general conformity of the plans of development for New Hanover County. [OPTIONAL] Also, that the following conditions be added to the development: [List Conditions] Staff suggested conditions: 1.The development shall be used only as an Active Adult Retirement Community or Independent Living facility. 2.No gates or traffic calming devices shall be installed unless reviewed and approved by the Technical Review Committee. 3.A 20 foot wide easement shall be dedicated to the County along Blue Clay Road for the purposes of installing a future multi-use path in accordance with the Wilmington/NHC Comprehensive Greenway Plan. ITEM: 4 Planning Board - February 2, 2017 ATTACHMENTS: Z-966 Script for PB Z-966 Staff Summary PB Z-966 Neighbor Properties Map Z-966 Zoning Map Z-966 Future Land Use Map Z-966 Water-Sewer Map Z-966 Applicant Materials Cover Z-966 Application Package Z-966 Proposed Site Plan Cover Z-966 Proposed Site Plan ITEM: 4 Planning Board - February 2, 2017 SCRIPT for CONDITIONAL USE Zoning District Application (Z-966, 1/17) Request by Cindee Wolf of Design Solutions on behalf of the property owner, New Beginning Christian Church, to rezone 8.57 acres located at the 3100 block of Blue Clay Road from (CZD) R-10, Conditional Residential District, to (CUD) R-10, Conditional Use Residential District, in order to develop a high density development. 1. Swear witnesses: Announce that “the Conditional Use District process requires a quasi-judicial hearing; therefore, any person wishing to testify must be sworn in. All persons who signed in to speak or who want to present testimony please step forward to be sworn in. Thank you.” 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 6. Ask Applicant whether he/she agrees with staff findings and any condition proposed to be added to the Special Use Permit. 7. At this time, you may ask to either continue the application to a future meeting, or to proceed with this Board deciding whether to recommend approval or denial of the application. What do you wish to do? 8. Vote on rezoning (first vote). The motion should include a statement saying how the change is, or is not, consistent with the land use plan and why it is, or is not, reasonable and in the public interest. Staff Suggested Motion: Motion to recommend approval, as the Planning Board finds that this request for a zoning map amendment of 8.57 acres from (CZD) R-10, Conditional Residential District, to (CUD) R-10, Conditional Use Residential District, as described is: 1. Consistent with the purposes and intent of the 2016 Comprehensive Plan because Multi-family residential is encouraged within the Community Mixed Use place type. The proposed density is consistent with the Plan and is the average density needed to support the small-scale, compact, mixed use development patterns that this place type promotes. 2. Reasonable and in the public interest because the development is located in close proximity to water and sewer utilities, and will provide pedestrian amenities to help promote a saf e, walkable community. The development is also located close to services and employment centers which may minimize vehicle trips for the residents. - 1 - 1ITEM: 4 Planning Board - February 2, 2017 9. Vote on the companion Special Use Permit (second vote). Motion to recommend approval of the permit - All findings are positive. Motion to recommend approval of the permit, subject to conditions specified below: (State Conditions) ___________________________________________________________________________ ___________________________________________________________________________ Motion to recommend denial of the permit because the Board cannot find: a. That the use will not materially endanger the public health or safety if located where proposed for the following reason: ________________________________________________________________________ ________________________________________________________________________ b. That the Use meets all required condition and specifications: ________________________________________________________________________ ________________________________________________________________________ c. That the use will not substantially inure the value of adjoining or abutting property, or that the use is a public necessity: ________________________________________________________________________ ________________________________________________________________________ d. That the location and character of the use if developed according to the plan submitted and approved will be in harmony with the area in which it is located and is in general conformity with the plan of development for New Hanover County: ________________________________________________________________________ ________________________________________________________________________ Example Motion for Approval: Motion to recommend approval, as the Planning Board finds that this application for a Special Use Permit to develop a high density development: 1. Will not materially endanger the public health or safety; 2. Meets all required conditions and specifications of the Zoning Ordinance; 3. Will not substantially injure the value of adjoining or abutting property; and 4. Will be in harmony with the surrounding area, and is in general conformity of the plans of development for New Hanover County. [OPTIONAL] Also, that the following conditions be added to the development: [List Conditions] Staff suggested conditions: 1. The development shall be used only as an Active Adult Retirement Community or Independent Living facility. 2. No gates or traffic calming devices shall be installed unless reviewed and approved by the Technical Review Committee. 3. A 20 foot wide easement shall be dedicated to the County along Blue Clay Road for the purposes of installing a future multi-use path in accordance with the Wilmington/NHC Comprehensive Greenway Plan. - 1 - 2ITEM: 4 Planning Board - February 2, 2017 Z-966, (1/17) Page 1 of 6 Z-966 STAFF SUMMARY CONDITIONAL USE ZONING DISTRICT APPLICATION APPLICATION SUMMARY Case Number: Z-966, 1/17 Request: CUD application in order to develop a high density development consisting of 68 dwelling units. Applicant: Property Owner(s): Cindee Wolf of Design Solutions New Beginning Christian Church Location: Acreage: 3100 block of Blue Clay Road 8.57 acres PID(s): Comp Plan Place Type: R03300-003-002-000 Community Mixed Use Existing Land Use: Proposed Land Use: Undeveloped High Density Development – Active Adult Retirement Community or Independent Living Current Zoning: Proposed Zoning: (CZD) R-10 (CUD) R-10 SURROUNDING AREA LAND USE ZONING North New Beginning Christian Church, Ivy Woods/Runnymeade subdivisions R-20, R-10, (CZD) R-10 East Rachel’s Place subdivision (under construction), N. Kerr Industrial Park (CZD) R-10, I-2 South Rachel’s Place subdivision (under construction) (CZD) R-10 West Single-Family Residential R-20 - 2 - 1ITEM: 4 Planning Board - February 2, 2017 Z-966, (1/17) Page 2 of 6 ZONING HISTORY July 1, 1974 Initially zoned R-20 April 4, 2016 Rezoned to (CZD) R-10 in order to allow for the development of a 46 lot performance residential subdivision (Z-950) COMMUNITY SERVICES Water/Sewer The development will connect to CFPUA water and sewer services. Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire District, New Hanover County Station 11 Schools Wrightsboro Elementary, Eaton Elementary, Holly Shelter Middle, and New Hanover High schools Recreation Optimist Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation No known conservation resources Historic No known historic resources Archaeological No known archaeological resources TRANSPORTATION  Access is provided to the subject property by Blue Clay Road (SR 1318). Cross-access is also provided to the parking area for New Beginning Christian Church.  The NHC/City of Wilmington Greenway Plan recommends that a greenway be installed along Blue Clay Road. - 2 - 2ITEM: 4 Planning Board - February 2, 2017 Z-966, (1/17) Page 3 of 6  The development will install sidewalks along all drives, connecting to the New Beginning Christian Church, Rachel’s Place subdivision, and to the Blue Clay Road right-of-way. Traffic Count - 2014 Road Location Volume Capacity V/C LOS Blue Clay Road Between Kerr Avenue and Old Mill Road 5,576 15,600 0.36 A Trip Generation LAND USE INTENSITY AM PEAK PM PEAK Senior Adult Housing (252) 68 dwelling units 9 12  Traffic Impact Analysis are required to be completed for proposals that will generate more than 100 peak hour trips in either the AM or PM peak hours. ENVIRONMENTAL  The property does not contain any Special Flood Hazard Areas, wetlands, or Natural Heritage Areas.  The subject property is within the Ness Creek (C;Sw) watershed.  Soils on the property consist of Class II (Moderate Limitation), and Class III (Severe Limitation) soils, however, 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. 2016 COMPREHENSIVE LAND USE PLAN  The 2016 Comprehensive Land Use Plan classifies the subject property as Community Mixed Use. This place type focuses on small-scale, compact, mixed use development patterns that serve all modes of travel and act as an attractor for county residents and visitors. Types of uses encouraged in this place type include office, retail, mixed use, recreational, commercial, institutional, and multi-family and single-family residential. - 2 - 3ITEM: 4 Planning Board - February 2, 2017 Z-966, (1/17) Page 4 of 6 Relevant Goals of the Comprehensive Plan Goal III Promote fiscally responsible growth. (Desired Outcome: Growth patterns that achieve efficient provision of services and equitable distribution of costs between the public and private sector.) Goal VIII Integrate multi-modal transportation into mixed land uses that encourage safe, walkable communities. (Desired Outcome: A community with a mixture of land uses that allows for individuals to perform daily tasks without the use of an automobile. A community where individuals can safely walk, bike, and access transit.) Goal IX Promote environmentally responsible growth. (Desired Outcome: Development that accommodates population growth while minimizing negative impacts on natural resources.) Goal XV Provide for a range of housing types, opportunities, and choices. (Desired Outcome: Citizens are not overburdened with the costs or availability of housing, but have a diverse range of options that are affordable at different income levels.) Goal XVI Increase public safety by reducing crime through the built environment. (Desired Outcome: New development patterns that focus on increased public safety.) Goal XVIII Increase physical activity and promote healthy, active lifestyles. (Desired Outcome: A built environment that encourages active lifestyles and increased health through walking and biking.) Staff Analysis of Comprehensive Plan Consistency Overall, the proposed development is consistent with the comprehensive plan. Multi-family residential is encouraged within the Community Mixed Use place type. The ideal density for multi- family residential uses in this place type is moderate (ranging up to 15 units per acre). The 7+ dwelling units per acre of this development is consistent with this recommendation and is the average density needed to support the small-scale, compact, mixed use development patterns that this place type promotes. The project is also consistent with several other land use plan goals. Its proximity to water and sewer utilities and use of existing transportation networks supports the efficient provision of public services. The project’s pedestrian amenities also serve to meet the land use plan’s goals of safe, walkable communities, and the location of the project close to services and employment centers may minimize vehicle trips for residents. STAFF RECOMMENDATION Staff recommends approval of the Conditional Use Zoning District. Staff concludes that the request is consistent with the requirements of the Zoning Ordinance and also the 2016 Comprehensive Plan. Multi-family residential is encouraged within the Community Mixed Use place type. The ideal density for multi-family residential uses in this place type is moderate (ranging up to 15 units per acre). The 7+ dwelling units per acre of this development is consistent with this - 2 - 4ITEM: 4 Planning Board - February 2, 2017 Z-966, (1/17) Page 5 of 6 recommendation and is the average density needed to support the small-scale, compact, mixed use development patterns that this place type promotes. Staff concludes that the application is: 1. Consistent with the purposes and intent of the 2016 Comprehensive Plan because Multi- family residential is encouraged within the Community Mixed Use place type. The proposed density is consistent with the Plan and is the average density needed to support the small- scale, compact, mixed use development patterns that this place type promotes. 2. Reasonable and in the public interest because the development is located in close proximity to water and sewer utilities, will provide pedestrian amenities to help promote a safe, walkable community, and will add to the range of housing types in the area. The development is also located close to services and employment centers which may minimize vehicle trips for the residents. Staff Preliminary Conclusions and Findings of Fact Staff has conducted an analysis of the proposed use and the information provided as part of the application package and has created preliminary findings of fact for 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 February 2, 2017 Planning Board meeting. Finding 1: The Board must find that the use will not materially endanger the public health or safety where proposed and developed according to the plan as submitted and approved. A. 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 Blue Clay Road, an arterial street that has an “A” Level of Service. D. An easement will be dedicated to the County for the purpose of installing a multi -use path along Blue Clay Road in accordance with the Wilmington/NHC Comprehensive Greenway Plan. E. The subject site does not host any known conservation, cultural, historic, 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 site design complies with the standards of Section 72-43 of the Zoning Ordinance. - 2 - 5ITEM: 4 Planning Board - February 2, 2017 Z-966, (1/17) Page 6 of 6 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 Community Mixed Use in the 2016 Comprehensive Plan. B. The surrounding land uses predominately include residential, with adjacent property to the north and south being also zoned R-10. 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 2016 Comprehensive Plan classifies the area proposed for the high density development as Community Mixed Use, and the proposal aligns with the intent of the Community Mixed Use land use classification. Additionally, the proposal supports other policies of the 2016 Comprehensive Plan, including providing for a range of housing types and encouraging walkable communities. B. The proposed development will provide for alternative forms of transportation in compliance with the 2012 Wilmington/NHC Comprehensive Greenway 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. Staff Suggested Conditions 1. The development shall be used only as an Active Adult Retirement Community or Independent Living facility. 2. No gates or traffic calming devices shall be installed unless reviewed and approved by the Technical Review Committee. 3. A 20 foot wide easement shall be dedicated to the County along Blue Clay Road for the purposes of installing a future multi-use path in accordance with the Wilmington/NHC Comprehensive Greenway Plan. - 2 - 6ITEM: 4 Planning Board - February 2, 2017 56 45 5352 0 1 56 26 39 12 6 33 2557 20 9 8 7 58 19 24 32 31 2 16 37 47 21 35 48 11 4 3 2354 55 18 13 17 15 10 51 30 59 46 5 42 44 28 38 43 41 40 27 50 60 34 49 22 29 3614 BLUE CLAY RD OLD MILL RD HOLLAND DR TERESA DR ARLENE DR KITTY HAWK RD SANDY LN LONG LEAF DR ALEX TRASK DR ORVILLE WRIGHT WAY CALADAN RD FAIRF O R D R D SWARTVILLE RD RAMG A T E R D BARROW ST PENNINGTON DR HALL WATTERS DR TODD AVE MODAWG LN BRAMBLE CT KITTY HAWK RD 1,500 Feet ®HNC Z-966 I-2 PD R-20 R-10 CZD R-10R-15 AR A-I B-1 BLUE CLAY RD OLD MILL RD H O L L A N D D R LAUREL DR ARLENE DR LONG LEAF DR ORVILLE WRIGHT WAY CALADAN RD GALWAY RD FERN DR Z-966 Case: Conditional UseDistrict Request: Z-966 Existing Zoning/Use: Proposed Zoning:Site Address: 3100 blockBlue Clay Rd (CZD) R-10/Undeveloped (CUD) R-10/High Density Residential Parcels within 500 Feet of Case Site!!!!!!!!!!!!!!!!!!!!!!!!!!!!Case SiteNeighboring Parcels ID Physical Address ID Physical Address1 No Owner Information 32 58 HOLLAND DR 2 604 CARVER CT 33 54 HOLLAND DR 3 47 HOLLAND DR 34 3206 WOOLWITCH CT S4 49 HOLLAND DR 35 3200 WOOLWITCH CT S5 3205 GALWAY RD 36 3205 WHITEWOOD WAY S6 3108 KITTY HAWK RD N 37 60 HOLLAND DR 7 519 CARVER CT 38 3201 WOOLWITCH CT S8 64 HOLLAND DR 39 3120 ALEX TRASK DR 9 66 HOLLAND DR 0 2940 BLUE CLAY RD 10 45 HOLLAND DR 40 3200 ALEX TRASK DR 11 58 ARLENE DR 41 3201 GALWAY RD 12 58 ARLENE DR 42 611 LATTICE CT 13 44 HOLLAND DR 43 3200 GALWAY RD 14 3208 GALWAY RD 44 3201 WHITEWOOD WAY S15 51 HOLLAND DR 45 2940 BLUE CLAY RD 16 3202 WOOLWITCH CT S 46 3206 SKY CT 17 52 HOLLAND DR 47 62 HOLLAND DR 18 50 HOLLAND DR 48 3200 SKY CT 19 2217 TERESA DR 49 606 LATTICE CT 20 2213 TERESA DR 50 3206 WHITEWOOD WAY S21 68 HOLLAND DR 51 3202 WHITEWOOD WAY S22 3204 GALWAY RD 52 2912 CASTLE HAYNE RD 23 3202 BLUE CLAY RD 53 2918 CASTLE HAYNE RD 24 63 ARLENE DR 54 48 HOLLAND DR 25 3202 SKY CT 55 46 HOLLAND DR 26 3121 ALEX TRASK DR 56 2810 KERR AVE N27 605 CARVER CT 57 71 ARLENE DR 28 3201 SKY CT 58 53 HOLLAND DR 29 3205 SKY CT 59 3200 WHITEWOOD WAY S30 610 LATTICE CT 60 608 LATTICE CT 31 602 CARVER CT - 3 - 1ITEM: 4Planning Board - February 2, 2017 PD I-2 R-20 R-10 CZD R-10R-15 B-1 BLUE CLAY RD OLD MILL RD HOLLAND DR TERESA DR ARLENE DR KITTY HAWK RD SANDY LN LONG LEAF DR ALEX TRASK DR ORVILLE WRIGHT WAY CALADAN RD FAIRF O R D R D SWARTVILLE RD GALWAY RD RAMG A T E R D BARROW ST PENNINGTON DR HALL WATTERS DR TODD AVE MODAWG LN WOOLWITCH CT SSKY CT BRAMBLE CT KITTY HAWK RD CA R V E R C T 1,500 Feet ®HNC Z-966 Case: Conditional UseDistrict Request: Z-966 Existing Zoning/Use: Proposed Zoning:Site Address: 3100 blockBlue Clay Rd (CZD) R-10/Undeveloped (CUD) R-10/High Density Residential Zoning Districts SHOD A-IAR B-1 B-2 EDZDI-1 I-2 O&I PDR-10 R-15 R-20 R-20S R-7 RA RFMU SC Incorporated Areas Indicates Conditional Use District (CUD)Indicates Conditional Zoning District (CZD)See Section 55.1 of the Zoning OrdinanceCOD- 4 - 1ITEM: 4Planning Board - February 2, 2017 GENERAL RESIDENTIAL EMPLOYMENT CENTER COMMUNITY MIXED USE BLUE CLAY RD OLD MILL RD HOLLAND DR TERESA DR ARLENE DR KITTY HAWK RD SANDY LN LONG LEAF DR ALEX TRASK DR ORVILLE WRIGHT WAY CALADAN RD FAIRF O R D R D SWARTVILLE RD GALWAY RD RAMG A T E R D BARROW ST PENNINGTON DR HALL WATTERS DR TODD AVE MODAWG LN WOOLWITCH CT SSKY CT BRAMBLE CT 1,500 Feet ®HNC Z-966 Case: Conditional UseDistrict Request: Z-966 Existing Zoning/Use: Proposed Zoning:Site Address: 3100 blockBlue Clay Rd (CZD) R-10/Undeveloped (CUD) R-10/High Density Residential Placetypes Commerce Zone Emplyment Center General Residential Urban Mixed Use Community Mixed Use Rural Residential Conservation- 5 - 1ITEM: 4Planning Board - February 2, 2017 BLUE CLAY RD OLD MILL RD HOLLAND DR TERESA DR ARLENE DR KITTY HAWK RD SANDY LN LONG LEAF DR ALEX TRASK DR ORVILLE WRIGHT WAY CALADAN RD FAIRF O R D R D SWARTVILLE RD GALWAY RD RAMG A T E R D BARROW ST PENNINGTON DR HALL WATTERS DR TODD AVE MODAWG LN WOOLWITCH CT SSKY CT BRAMBLE CT KITTY HAWK RD CA R V E R C T 1,500 Feet ®HNC Notice:Utility lines are generalized and are only to show the relationship to the subject property and should not be relied on for other purposes. New Hanover County and the Cape Fear Public Utility Authorityare not responsible for the accuracy of this information Z-966 Case: Conditional UseDistrict Request: Z-966 Existing Zoning/Use: Proposed Zoning:Site Address: 3100 blockBlue Clay Rd (CZD) R-10/Undeveloped (CUD) R-10/High Density Residential Sewer Collector Water Distribution Main - 6 - 1ITEM: 4Planning Board - February 2, 2017 APPLICANT MATERIALS - 7 - 1ITEM: 4 Planning Board - February 2, 2017 - 7 - 2ITEM: 4 Planning Board - February 2, 2017 - 8 - 1ITEM: 4 Planning Board - February 2, 2017 - 8 - 2ITEM: 4 Planning Board - February 2, 2017 - 8 - 3ITEM: 4 Planning Board - February 2, 2017 - 8 - 4ITEM: 4 Planning Board - February 2, 2017 - 8 - 5ITEM: 4 Planning Board - February 2, 2017 - 8 - 6ITEM: 4 Planning Board - February 2, 2017 - 8 - 7ITEM: 4 Planning Board - February 2, 2017 Legal Description for CUD Rezoning The Covenant Senior Housing Beginning at a point located along the western boundary of Blue Clay Road, a 60’ public right-of-way; said point being located 272.33 feet southwardly along the boundary from its intersection with the southern line of Section One, Ivy Wood at Runnymeade, a subdivision recorded among the land records of the New Hanover County Registry in Map Book 29, at Page 64; and running thence from the point of beginning with the Blue Clay Road right-of-way, South 16045’13” West, 61.84 feet to a point; thence leaving the right-of-way, North 60023’16” West, 1271.98 feet to a point; thence, South 28015’00” West, 29.31 feet to a point; thence, South 17013’32” West, 459.83 feet to a point; thence, North 57027’13” West, 554.72 feet to a point in the eastern boundary of Holland Drive, a 60’ public right-of-way; thence with that right-of-way, Along a curve to the left, having a Radius of 462.90 feet and Length of 269.48 feet, a Chord of North 15048’20” West, 265.69 feet; thence continuing along the right-of-way, North 32029’00” West, 3.42 feet to a point at the intersection with the southeastern boundary of Alex Trask Drive, a 60’ public right-of-way; thence with that right-of-way, North 40002’00” East, 344.57 feet to a point; thence leaving the right-of-way, South 50020’58” East, 371.51 feet to a point; thence, Along a curve to the left, having a Radius of 200.00 feet and Length of 115.89 feet, a Chord of South 66056’58” East, 114.26 feet to a point; thence, Along a curve to the right, having a Radius of 245.00 feet and Length of 99.04 feet, a Chord of South 71058’05” East, 98.36 feet to a point; thence, South 60023’16” East, 1029.14 feet to a point; thence, South 64003’52” East, 238.47 feet to the point and place of beginning, containing 8.57 acres, more or less. - 8 - 8ITEM: 4 Planning Board - February 2, 2017 - 8 - 9ITEM: 4Planning Board - February 2, 2017 Narrative for Conditional Use District Rezoning The Covenant Senior Housing This area of the County is beginning to show new residential development. The location of more services along North Kerr Avenue and Castle Hayne Road is just one of the various reasons. The project area is classified by the 2016 County Comprehensive Land Use Plan as appropriate for “Community Mixed-Use.” This sub-urban classification is intended to provide for future intensive 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 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. The project would be financed through a Qualified Allocation Plan, developed by the North Carolina Housing Finance Agency. The grant funding is particular to specific selection criteria, and stringently regulated. East Carolina Community Development Inc. (ECCDI) is dedicated to improving the quality of life for individuals and families that are experiencing economic and social stress in their daily lives, and manage quality apartment communities for low to moderate income residents in several locations of eastern North Carolina. ECCDI’s first affordable senior housing development, Camellia Court located in Morehead City, NC, received the NCHFA Housing Award for its innovative pin-wheel design four-plex. The design allows each individual apartment its own entrances with accent gables, attractive color schemes and a combination of brick and siding to prompt a very home-like facade. This design has been enhanced since then, and still offers a wonderful option for seniors. The proposed project is an aged-controlled, independent living apartment complex with seventeen (17) of those one-story, four-plexes, in a mix of 1- and 2-bedroom units. A recreation amenity, the accessory parking and open spaces are included in the detailed plan. Senior housing generates much less traffic than other types, but Blue Clay Road has the capacity for added trip generation, regardless. Utilities will be connected to the public system. The buildings will have a fire sprinkler systems. Storm water management will be provided by a detention pond on the adjacent Church property. Existing vegetation around the tract perimeter will be supplemented with evergreen plantings to provide screening for the proposed residential lots to the South and East. 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 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. - 8 - 10ITEM: 4 Planning Board - February 2, 2017 REPORT OF COMMUNITY MEETING REQUIRED BY NEW HANOVER COUNTY ZONING ORIDINANCE FOR CONDITIONAL DISTRICT REZONINGS Location: 2940 Blue Clay Road Proposed Zoning: Conditional Use District for High-Density Development 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 __October 12, 2016_______, and emailed to all parties registered on the County’s “Sunshine List” on October 12, 2016 . A copy of the written notice is also attached. The meeting was held at the following time and place: Monday, October 24th, 2016; 6:00 – 7:00 p.m.; New Beginning Christian Church, 3120 Alex Trask Dr., Castle Hayne 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 high- density development. The Site plan and exhibit of the unit style were shown. ** What additional development the Church had planned for the remaining property. As a result of the meeting, the following changes were made to the rezoning petition: None Date: December 5, 2016 Applicant: Design Solutions By: Cindee Wolf - 8 - 11ITEM: 4 Planning Board - February 2, 2017 - 8 - 12ITEM: 4 Planning Board - February 2, 2017 OWN1 Owner Address Owner City ANGOTTI THOMAS A 604 CARVER CT   CASTLE HAYNE, NC 28429 BALL GLORIA J49 HOLLAND DR   CASTLE HAYNE, NC 28429 BALLENGER RICK C MELANIE H 604 OLD MILL RD   CASTLE HAYNE, NC 28429 BARRETT JOHN J CHARLENE M24 FRONT ST   SWANSEA, MA 2777 BISSON PATRICK D JR 919 TANGLEWOOD LN N  LIBERTY LAKE, WA 99019 BLE PROPERTIES LLC 102 FOREST LN   WILMINGTON, NC 28401 BOWLING WILLIAM W 3211 ALEX TRASK DR   CASTLE HAYNE, NC 28429 BRADLEY MICHAEL ANTHONY 3209 GALWAY RD   CASTLE HAYNE, NC 28429 BRAY RAYMOND E JR 3213 GALWAY RD   CASTLE HAYNE, NC 28429 BRINSON PROPERTY HOLDINGS LLC 3108 KITTY HAWK RD   WILMINGTON, NC 28405 BURNS RONALD BRAFFORD 3209 WHITEWOOD WAY S  CASTLE HAYNE, NC 28429 BUSH SAMANTHA 3220 WHITEWOOD WAY   CASTLE HAYNE, NC 28429 CAPE FEAR PUBLIC UTIL AUTH 235 GOVERNMENT CNTR DR   WILMINGTON, NC 28403 CAPPS STEPHEN R VIRGINIA L 1438 SCOTT RD   ROCKY POINT, NC 28457 CAPPS STEPHEN VIRGINIA 1439 SCOTT RD   ROCKY POINT, NC 28457 CARTRETTE BILLY PATRICIA G64 HOLLAND DR   CASTLE HAYNE, NC 28429 CHAMBLEE KENNETH LEO JR 45 HOLLAND DR   CASTLE HAYNE, NC 28429 CHAVIS FLOYD R RUTH REBECCA 1805 MISSION HILL DR   WILMINGTON, NC 28405 CLAUSING FRANCES H44 HOLLAND DR   CASTLE HAYNE, NC 28429 CLOYD CRAIG S SHELBY HEWETT 3208 GALWAY RD   CASTLE HAYNE, NC 28429 COSTIN VALERIE A DELTON C51 HOLLAND DR   CASTLE HAYNE, NC 28429 CRAMPTON LINDSAY BOYER 518 OLD MILL RD   CASTLE HAYNE, NC 28429 CUOMO FAMILY REV TRUST ETAL 1013 CAR BCH AVE N #D3 CAROLINA BCH, NC 28428 DILLON JAMES A PATRICIA L 609 LATTICE CT   CASTLE HAYNE, NC 28429 DJOSEY EDWARD A 138 WHITMAN AVE   WILMINGTON, NC 28429 DOYLE JASON LEE 52 HOLLAND DR   CASTLE HAYNE, NC 28429 DOYLE NANNIE S50 HOLLAND DR   CASTLE HAYNE, NC 28429 EASON MICHAEL E 2217 TERESA DR   CASTLE HAYNE, NC 28429 ENGLISH DONALD R 423 SHENANDOAH DR   BURLESON, TX 76028 FAISON JAMES H III ANGELA W 3204 GALWAY RD   CASTLE HAYNE, NC 28429 FIELDS MICHAEL WAYNE 601 CARVER CT   CASTLE HAYNE, NC 28429 FOWLER R C MYRTLE C42 PELICAN POINT RD   WILMINGTON, NC 28409 FRASE JUSTIN R SHANNON N 211 RAVENSWOOD RD   HAMPSTEAD, NC 28443 FREZZA JONATHAN GUY 63 ARLENE DR   CASTLE HAYNE, NC 28429 GLOVER ADAM S ETAL 3202 SKY CT   CASTLE HAYNE, NC 28429 GOSPEL FELLOWSHIP HOLINESS    PO BOX 6 LELAND, NC 28451 GOWER CHRISTINE N 605 CARVER CT   CASTLE HAYNE, NC 28429 GRACE INVESTMENTS OF WILM 5109 EVERETTE CT   WILMINGTON, NC 28412 HATCHER ERIC RICHARD JENNIFER 3205 SKY CT   CASTLE HAYNE, NC 28429 HOLLIDAY DAVID DEMETRIA 610 LATTICE CT   CASTLE HAYNE, NC 28429 JONES CYNTHIA H 602 CARVER CT   CASTLE HAYNE, NC 28429 KEIFER STACY J 3210 WOOLWITCH CT S  CASTLE HAYNE, NC 28429 KING CHARLES B54 HOLLAND DR   CASTLE HAYNE, NC 28429 LEGWIN DAVID PAMELA 3206 WOOLWITCH CT S  CASTLE HAYNE, NC 28429 LEWIS JAMES K CATHY HILL 3200 WOOLWITCH CT S  CASTLE HAYNE, NC 28429 LIU CHUN MEI 608 OLD MILL RD   CASTLE HAYNE, NC 28429 LIU YI DI CUI JUAN ZHENG 3219 ALEX TRASK DR   CASTLE HAYNE, NC 28429 MACMURRAY ANN L 3205 WHITE WOOD WAY   CASTLE HAYNE, NC 28429 MARTIN ALLEN D JULIE R 3221 GALWAY RD   CASTLE HAYNE, NC 28429 MARTIN CHRIS ALLEN 3216 ALEX TRASK DR   CASTLE HAYNE, NC 28429 MCEACHERN NORMA C ETAL 1506 BEASLEY RD   WILMINGTON, NC 28409 - 8 - 13ITEM: 4 Planning Board - February 2, 2017 MCKEITHAN BOBBY E CHERYL 514 OLD MILL RD   CASTLE HAYNE, NC 28429 MCLEAN RUTH J HRS 60 HOLLAND DR   CASTLE HAYNE, NC 28429 MERRITT EDWIN D 3201 WOOLWITCH CT   CASTLE HAYNE, NC 28429 MEYER NICHOLAS D TRISTEN M 3215 WHITEWOOD WAY   CASTLE HAYNE, NC 28429 MEYLAN JANINE M 3218 WHITEWOOD WAY N  CASTLE HAYNE, NC 28429 MILLER CATHY LYNN 3217 WOOLWITCH CT S  CASTLE HAYNE, NC 28429 MORGAN JAMES A SHARON D 520 OLD MILL RD   CASTLE HAYNE, NC 28429 NOBLES SHERWOOD MILDRED 3200 ALEX TRASK DR   CASTLE HAYNE, NC 28429 NORTON DEBORAH ANN 522 OLD MILL RD   CASTLE HAYNE, NC 28429 NORTON TABITHA 3201 GALWAY RD   CASTLE HAYNE, NC 28429 OKEEFE KATHLEEN 611 LATTICE CT   CASTLE HAYNE, NC 28429 PACE DONDI M LISA C 3207 ALEX TRASK DR   CASTLE HAYNE, NC 28429 PENA DAVID E TRACY M 134 WHITMAN AVE   CASTLE HAYNE, NC 28429 PHILLIPS DEBRA 240 ADELLA ST   SUSANVILLE, CA 96130 POPLIN JOHN L VICKY A 3207 WHITEWOOD WAY S  CASTLE HAYNE, NC 28429 PRIDGEN ARTHUR L JR 512 OLD MILL RD   CASTLE HAYNE, NC 28429 PRIVETTE JACOB A 3201 WHITEWOOD WAY   CASTLE HAYNE, NC 28429 PULICE TRACEY TULL EMBLER 516 OLD MILL RD   CASTLE HAYNE, NC 28429 RACHELS PLACE LLC 6622 GORDON RD   WILMINGTON, NC 28405 RIDLEY ANGELA 3222 WOOLWITCH CT S  CASTLE HAYNE, NC 28429 RIFFLE GREGORY ETAL 3206 SKY CT   CASTLE HAYNE, NC 28429 ROSENBLAD STANLEY G TRUST 2 OXFORDSHIRE PL   MASHPEE, MA 2649 RUDOLPH LARRY M KRISTI 3210 WHITEWOOD WAY   CASTLE HAYNE, NC 28429 SCOTT GARY L 3216 GALWAY RD   CASTLE HAYNE, NC 28429 SHUCAVAGE D & S ROBINSON 305 2ND ST   WILMINGTON, NC 28401 SIMPKINS JOSEPH Q RACHELL 62 HOLLAND DR   CASTLE HAYNE, NC 28429 SMITH RICHARD K 3200 SKY CT   CASTLE HAYNE, NC 28429 SMITH TERRY L JR 3209 SKY CT   CASTLE HAYNE, NC 28429 SPAZIANI JANE S 606 LATTICE CT   CASTLE HAYNE, NC 28429 STEWART BRENDA J 606 OLD MILL RD   CASTLE HAYNE, NC 28429 STRICKLAND GAIL W 3218 WOOLWITCH CT S  CASTLE HAYNE, NC 28429 SUITS DANIEL CRAIG SUSAN C 3213 WOOLWITCH CT S  CASTLE HAYNE, NC 28429 TENNANT LINDA R 3206 WHITEWOOD WAY   CASTLE HAYNE, NC 28429 THOMPSON ASHLEY E 3214 WOOLWITCH CT S  CASTLE HAYNE, NC 28429 THOMPSON CONNIE KAREN 3202 WHITEWOOD WAY S  CASTLE HAYNE, NC 28429 THOMPSON JEROD LEE JESSICA L 3220 ALEX TRASK DR   CASTLE HAYNE, NC 28429 TINGA EELCO HENRY ETAL 2918 CASTLE HAYNE RD   CASTLE HAYNE, NC 28429 TODD GWENDOLYN AVERY TRST 46 HOLLAND DR   CASTLE HAYNE, NC 28429 TRASCO INC 1202 EASTWOOD RD   WILMINGTON, NC 28403 WALLER CHRISTOPHER LEE 602 OLD MILL RD   CASTLE HAYNE, NC 28429 WATTERS ROBERT DEAN 71 ARLENE DR   CASTLE HAYNE, NC 28429 WEAVER BRENDA E 3212 GALWAY RD   CASTLE HAYNE, NC 28429 WHITFIELD JAMES N53 HOLLAND DR   CASTLE HAYNE, NC 28429 WILLIAMS ANTHONY 3200 WHITEWOOD WAY   CASTLE HAYNE, NC 28429 WILLIAMSON S C DOROTHY P 5011 CASTLE LAKES RD   CASTLE HAYNE, NC 28429 - 8 - 14ITEM: 4 Planning Board - February 2, 2017 P.O. Box 7221, Wilmington, NC 28406 * Telephone: 910-620-2374 * Email: cwolf@lobodemar.biz Transmittal October 12, 2016 To: Adjacent Property Owners From: Cindee Wolf Re: The Covenant – a Senior Housing Community As you are probably aware, New Beginning church completed a conditional rezoning of their property back in April, within the proximity of your property. The proposal was for forty-six (46) single-family homes, thirty (30) of which were planned for the tract at the corner of Alex Trask Drive & Holland Drive. Changes in the County’s Comprehensive Land Use Plan have now made it possible to pursue a special use permit for a Senior Housing Community in this area. The Church is interested in developing eighteen (18) quadriplexes, for a total of 72 units, instead of the 46 homes. This proposal would require an approval by the New Hanover County Commissioners for a Special Use Permit in a Conditional Use District. A Conditional Use 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 Monday, October 24th, at the New Beginning Christian Church, 3120 Alex Trask Dr., Castle Hayne, 6:00 – 7:00 p.m. 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. - 8 - 15ITEM: 4 Planning Board - February 2, 2017 The CovenantA Senior Housing CommunityDevelopment by the New Beginning Christian Churchin association with- 8 - 16ITEM: 4Planning Board - February 2, 2017 - 8 - 17ITEM: 4Planning Board - February 2, 2017 - 8 - 18ITEM: 4Planning Board - February 2, 2017 18One‐story /4‐unit Buildingsfor a total of 641 & 2‐BedroomSeniorResidences- 8 - 19ITEM: 4Planning Board - February 2, 2017 Four (4)1000 s.f.+/‐2‐Bedroom UnitsFour (4)800 s.f.+/‐1‐Bedroom Units- 8 - 20ITEM: 4Planning Board - February 2, 2017 - 8 - 21ITEM: 4Planning Board - February 2, 2017 - 8 - 22ITEM: 4Planning Board - February 2, 2017 TheCovenantA Senior HousingCommunity- 8 - 23ITEM: 4Planning Board - February 2, 2017 PROPOSED SITE PLAN - 9 - 1ITEM: 4 Planning Board - February 2, 2017 - 9 - 2ITEM: 4 Planning Board - February 2, 2017 - 10 - 1ITEM: 4Planning Board - February 2, 2017 NEW HANOVER COUNTY PLANNING BOARD REQUEST FOR BOARD ACTION MEETING DATE: February 2, 2017 TECHNICAL REVIEW COMMITTEE REPORT ITEM: DEPARTMENT: PRESENTER(S): Brad Schuler, Current Planner CONTACT(S): Brad Schuler; Sam Burgess, Senior Planner; and Ben Andrea, Current Planning/Zoning Supervisor SUBJECT: TRC Report for January 2017 BRIEF SUMMARY: The New Hanover County Technical Review Committee did not hold a meeting during the month of January; therefore, no report is attached. 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: No report. No action required. ITEM: 5 Planning Board - February 2, 2017