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Agenda 2017 03-06AGENDA i MARCH 6, 2017 NEW HANOVER COUNTY BOARD OF COMMISSIONERS Assembly Room, New Hanover County Historic Courthouse 24 North Third Street, Room 301 Wilmington, NC WOODY WHITE, CHAIRMAN - SKIP WATKINS, VICE - CHAIRMAN JONATHAN BARFIELD, JR., COMMISSIONER - PATRICIA KUSEK, COMMISSIONER - ROB ZAPPLE, COMMISSIONER CHRIS COUDRIET, COUNTY MANAGER - WANDA COPLEY, COUNTY ATTORNEY - KYM CROWELL, CLERK TO THE BOARD 4:00 PM MEETING CALLED TO ORDER (Chairman Woody White) INVOCATION (Patrick Hall, Pastor, Cape Fear Freewill Baptist Church) PLEDGE OF ALLEGIANCE (Commissioner Jonathan Barfield, Jr.) APPROVAL OF CONSENT AGENDA CONSENT AGENDA ITEMS OF BUSINESS Approval of Minutes 2. Adoption of Amendment of New Hanover County Ordinance Code Chapter 32, Prohibiting All Tobacco Use (Including Nicotine Electronic Delivery Devices) on the Grounds of the New Hanover County Public Health Department ESTIMATED REGULAR AGENDA ITEMS OF BUSINESS MINUTES 5 3. Consideration of Girl Scout Week Proclamation 40 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 40 5. 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 PUBLIC COMMENTS ON NON - AGENDA ITEMS (limit three minutes) ESTIMATED ADDITIONAL AGENDA ITEMS OF BUSINESS MINUTES 10 6. Additional Items County Manager County Commissioners Board of Commissioners - March 6. 2017 Clerk to the Board County Attorney 7. ADJOURN Note: Minutes listed for each item are estimated, and if a preceding item takes less time, the Board will move forward until the agenda is completed. Mission New Hanover County is committed to progressive public policy, superior service, courteous contact, judicious exercise of authority, and sound fiscal management to meet the needs and concerns of our citizens today and tomorrow. Vision A vibrant prosperous, diverse coastal community, committed to building a sustainable future for generations to come. Core Values Integrity - Accountability - Professionalism - Innovation - Stewardship Board of Commissioners - March 6, 2017 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: March 6, 2017 CONSENT DEPARTMENT: Commissioners PRESENTER(S): Kym Crowell, Clerk to the Board CONTACT(S): Kym Crowell SUBJECT: Approval of Minutes BRIEF SUMMARY: Approve minutes from the following meetings: Agenda Review Meeting held on February 16, 2017 Regular Meeting held on February 20, 2017 STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Keep the public informed on important information RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve minutes. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - March 6, 2017 ITEM: 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: March 6, 2017 CONSENT DEPARTMENT: Health PRESENTER(S): Phillip Tarte, Health Director CONTACT(S): Phillip Tarte SUBJECT: Adoption of Amendment of New Hanover County Ordinance Code Chapter 32, Prohibiting All Tobacco Use (Including Nicotine Electronic Delivery Devices) on the Grounds of the New Hanover County Public Health Department BRIEF SUMMARY: This item comes forward as an ask of the Board of Health, and after its action on February 1, 2017. Currently the existing prohibition for tobacco use at the New Hanover County Public Health Department is no closer than 50 feet from any entrance to the facility. In an effort to promote the public health and welfare of its citizens, the Board is asked to amend the above mentioned ordinance to prevent tobacco use (including electronic nicotine delivery devices) on the entire campus of the New Hanover County Public Health Department at 2029 S. 17th Street. At its April meeting, the New Hanover County Board of Health will consider the adoption of a complementary rule prohibiting the same. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education RECOMMENDED MOTION AND REQUESTED ACTIONS: Amend New Hanover County Ordinance, Chapter 32, Health and Sanitation, Article 3, County Property, to prohibit all tobacco use (including electronic delivery devices) on the campus of the New Hanover County Public Health Department, and authorize the Board of Health to enact a supporting rule or resolution. ATTACHMENTS: Tobacco Free Ordinance COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - March 6, 2017 ITEM: 2 NEW HANOVER COUNTY BOARD OF COMMISSIONERS ORDINANCE AMENDING NEW HANOVER COUNTY CODE CHAPTER 32 The Board of County Commissioners finds and declares that, in order to promote the public health and welfare, it is in the best interest of public health to adopt an ordinance creating a Tobacco and E- Cigarette Free campus at the New Hanover County Health Department at 2029 S. 17th Street, Wilmington, NC. The Board hereby ordains and decrees that the New Hanover County Board of Health is authorized to supplement this ordinance by rule for the purpose of creating a Tobacco and E- Cigarette Free campus. The Board hereby further ordains and decrees that New Hanover County, Chapter 32, Health and Sanitation, Article 3, County Property, is enacted and amended as follows: 1. Amend existing Section 32 -81, Smoking prohibited in County -owned or leased buildings and vehicles, variance, as follows: Add the following sentence to the end of the paragraph: (b) The New Hanover County Health Department as a real estate parcel at 2029 S. 17th Street is designated as a Tobacco and E- Cigarette Free campus. 2. Amend existing Section 32 -83, E- Cigarettes Prohibited, as follows: Add the following sentence to the end of the paragraph: The New Hanover County Health Department as a real estate parcel at 2029 S. 17th Street is designated as a Tobacco and E- Cigarette Free campus. Except as specifically amended above, Chapter 32 shall remain unaltered and in full force and effect. ADOPTED this the 6th day of March, 2017. NEW HANOVER COUNTY [SEAL] Woody White, Chairman ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - March 6, 2017 ITEM: 2 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: March 6, 2017 REGULAR DEPARTMENT: County Manager PRESENTER(S): Commissioner Kusek CONTACT(S): Chris Coudriet, County Manager SUBJECT: Consideration of Girl Scout Week Proclamation BRIEF SUMMARY: Girl Scouts of the USA was founded on March 12, 1912 by Juliette Gordon Low. This year marks the 105th anniversary of Girl Scouts. Ila Chilberg from Girl Scout Troop 1597 requested a proclamation to recognize March 13 -18, 2017 as Girl Scout Week. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Keep the public informed on important information Effective County Management • Recognize and reward contribution RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the proclamation. ATTACHMENTS: Girl Scout Week Proclamation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - March 6, 2017 ITEM: 3 NEW HANOVER COUNTY BOARD OF COMMISSIONERS A PROCLAMATION CELEBRATING 105 YEARS OF GIRL SCOUTING WHEREAS, March 12, 2017, marks the 105th anniversary of Girl Scouts of the USA, which began in 1912 when Juliette "Daisy" Gordon Low gathered 18 girls in Savannah, Georgia, to provide them the opportunity to develop physically, mentally, and spiritually; and WHEREAS, for 105 years, Girl Scouting has helped build millions of girls and women of courage, confidence, and character who act to make the world a better place; and WHEREAS, the award - winning Girl Scout Leadership Program helps girls discover themselves and their values, connect with others, and take action to make the world a better place; and WHEREAS, the Girl Scout Gold Award, the highest honor in Girl Scouting, requires girls to make a measurable and sustainable difference in their community and honors leadership in the Girl Scout tradition; and WHEREAS, core programs around Science, Technology, Engineering, and Math (STEM), environmental stewardship, healthy living, financial literacy, and global citizenship help girls develop a solid foundation in leadership; and WHEREAS, through the dedication, time, and talent of hundreds of volunteers of different backgrounds, abilities, and areas of expertise, the Girl Scout Program is brought to more than 1,420 girls and adults throughout New Hanover County; and WHEREAS, we, the Commissioners of New Hanover County, do hereby applaud the Girl Scouts of the USA for their 105 years of leadership and expertise as the voice for and of girls. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that March 13 -18, 2017 be recognized as "Girl Scout Week" in New Hanover County. ADOPTED this the 6th day of March, 2017. NEW HANOVER COUNTY Woody White, Chairman ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - March 6, 2017 ITEM: 3 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: March 6, 2017 REGULAR DEPARTMENT: Planning PRESENTER(S): Brad Schuler, Current Planner (Planning Board Representative: Chairman Donna Girardot) 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 N. Kerr Avenue. The property was zoned R- 20 when zoning was initially applied to this area in 1974. Last 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, R -15, R -20, and two (CZD) R -10 districts, 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 Al, 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 proposed Conditional Use District rezoning is considered first, then the companion Special Use Permit Board of Commissioners - March 6, 2017 ITEM: 4 proposal. The Planning Board considered this application at their February 2, 2017 meeting. No one from the public spoke in favor of, or in opposition to, the application. The Planning Board recommended approval (7 -0) of the rezoning to the (CUD) R -10 district, finding that it is: Consistent with the purposes and intent of the 2016 Comprehensive Plan because Multifamily 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 smallscale, compact, mixed use development patterns that this place type promotes. 1. 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. The Planning Board also recommended approval (7 -0) of the Special Use Permit with the following conditions: The development shall be used only as an Active Adult Retirement Community or Independent Living facility. 1. No gates or traffic calming devices shall be installed unless reviewed and approved by the Technical Review Committee. 2. 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. Staff concurs with the Planning Board's statements that the application is consistent with the Comprehensive Plan and is reasonable and in the public interest, and with the added conditions. 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 approve, affirming staff s statements that the application is consistent with the Comprehensive Plan and is reasonable and in the public interest. SPECIAL USE PERMIT Example Motion for Approval: Motion to approve, as the Board of Commissioner fords that this application for a Special Use Permit meets the four required conclusions based on the findings of facts included in the Staff Summary, and with the conditions as recommended by staff. Board of Commissioners - March 6, 2017 ITEM: 4 Example Motion for Denial: Motion to deny, as the Board of Commissioners cannot find that this application for a Special Use Permit: 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; 4. Will be in harmony with the surrounding area, and is in general conformity of the plans of development for New Hanover County. [State the findings) that the application does not meet and include reasons to why it is not being met] ATTACHMENTS: Z -966 Script BOC Z -966 Staff Summary BOC Z -966 Neighbor Properties Map Z -966 Zoning Map Z -966 Future Land Use Map Z -966 Water Sewer Map Applicant Materials Cover Page Z -966 Application Package Proposed Site Plan Cover Page Z -966 Proposed Site Plan COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) 1) Regarding rezoning, recommend affirming staffs statements. 2) Regarding the special use permit, recommend approval with the staff - recommended conditions unless greater weight of the competent and material evidence presented during the public hearing suggests that one or more of the required conclusions cannot be met. COMMISSIONERS' ACTIONS: The rezoning was approved 4 -1, Vice - Chairman Watkins dissenting. The special use permit was approved 4- 1, Vice - Chairman Watkins dissenting. Board of Commissioners - March 6, 2017 ITEM: 4 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 grant or denial the application. What do you wish to do? 8. Vote on rezoning (first vote). The motion should include a statement saying how the change is, or is not, consistent with the land use plan and why it is, or is not, reasonable and in the public interest. Staff Suggested Motion: Motion to approve, affirming staff's statements that the application is consistent with the Comprehensive Plan and is reasonable and in the public interest. 9. Vote on the companion Special Use Permit (second vote). Motion to approve the permit - All findings are positive. ❑ Motion to approve the permit, subject to conditions specified below: (State Conditions) 13 Motion to deny the permit because the Board cannot find: F1a. That the use will not materially endanger the public health or safety if located where proposed for the following reason: Board of Commissioners - March 6, 2017 ITEM: 4 - 1 - 1 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 approve, as the Board of Commissioner finds that this application for a Special Use Permit meets the four required conclusions based on the findings of facts included in the Staff Summary, and with the conditions as recommended by staff. Example Motion for Denial: Motion to deny, as the Board of Commissioners cannot find that this application for a Special Use Permit: 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; 4. Will be in harmony with the surrounding area, and is in general conformity of the plans of development for New Hanover County. [State the finding(s) that the application does not meet and include reasons to why it is not being met] Board of Commissioners - March 6, 2017 ITEM: 4 - 1 - 2 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 R -20 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 R -20, R -10, (CZD) R -10 Woods /Runnymeade subdivisions East Rachel's Place subdivision (under construction), N. Kerr (CZD) R -1 0, 1 -2 Industrial Park South Rachel's Place subdivision (under construction) (CZD) R -10 West Single - Family Residential R -20 Z -966, (1/17) Board of Commissioners - March 6, 2017 ITEM: 4 - 2 - 1 Page 1 of 7 ZONING HISTORY Water /Sewer 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 District, New Hanover County Station 1 1 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 Archaeological District, New Hanover County Station 1 1 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 Z -966, (1/17) Board of Commissioners - March 6, 2017 ITEM: 4 - 2 - 2 Page 2 of 7 PROPOSED SITE PLAN /,X ! 5 V / i 13 ' e rl � Yf� _ •— _ ` `�~� �'S �y 4 � err v`I` +, 11 :g f ,8 `S^ 4 P Imnary >LFZnlor The Covenant Yf gk.AC-s [YP Ircm� 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. • 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 5,576 15,600 0.36 A and Old Mill Road 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. Z -966, (1/17) Board of Commissioners - March 6, 2017 ITEM: 4 - 2 - 3 Page 3 of 7 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. Relevant Goals of the Comprehensive Plan Promote fiscally responsible growth. (Desired Outcome: Growth patterns that Goal III achieve efficient provision of services and equitable distribution of costs between the public and private sector.) Integrate multi -modal transportation into mixed land uses that encourage safe, Goal Vlll 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.) Promote environmentally responsible growth. (Desired Outcome: Development Goal IX that accommodates population growth while minimizing negative impacts on natural resources.) Z -966, (1/17) Board of Commissioners - March 6, 2017 ITEM: 4 - 2 - 4 Page 4 of 7 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. COMMUNITY MEETING NOTES • A community meeting was held on Wednesday, October 12, 2016 in accordance with the requirements for such an application. • The applicant has provided a summary of the meeting in the application. • Modifications were made to the proposed site plan presented during the meeting in order for it to comply with the Zoning Ordinance. PLANNING BOARD ACTION The Planning Board considered this application at their February 2, 2017 meeting. No one from the public spoke in favor of, or in opposition to, the application. The Planning Board recommended approval (7 -0) of the rezoning to the (CUD) R -10 district, finding that it is: 1. Consistent with the purposes and intent of the 2016 Comprehensive Plan because Multifamily 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 smallscale, 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 Z -966, (1/17) Board of Commissioners - March 6, 2017 ITEM: 4 - 2 - 5 Page 5 of 7 Provide for a range of housing types, opportunities, and choices. (Desired Goal XV 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.) Increase public safety by reducing crime through the built environment. (Desired Goal XVI Outcome: New development patterns that focus on increased public safety.) Increase physical activity and promote healthy, active lifestyles. (Desired Goal XVIII 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. COMMUNITY MEETING NOTES • A community meeting was held on Wednesday, October 12, 2016 in accordance with the requirements for such an application. • The applicant has provided a summary of the meeting in the application. • Modifications were made to the proposed site plan presented during the meeting in order for it to comply with the Zoning Ordinance. PLANNING BOARD ACTION The Planning Board considered this application at their February 2, 2017 meeting. No one from the public spoke in favor of, or in opposition to, the application. The Planning Board recommended approval (7 -0) of the rezoning to the (CUD) R -10 district, finding that it is: 1. Consistent with the purposes and intent of the 2016 Comprehensive Plan because Multifamily 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 smallscale, 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 Z -966, (1/17) Board of Commissioners - March 6, 2017 ITEM: 4 - 2 - 5 Page 5 of 7 development is also located close to services and employment centers which may minimize vehicle trips for the residents. The Planning Board also recommended approval (7 -0) of the Special Use Permit with the following 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. 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 recommendation and is the average density needed to support the small - scale, compact, mixed use development patterns that this place type promotes. Staff concurs with the Planning Board's statements that the application is consistent with the Comprehensive Plan and is reasonable and in the public interest. 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 March 6, 2017 Board of Commissioners meeting. Finding 1: The Board must find that the use will not materially endanger the public health or safety where proposed and developed according to the plan as submitted and approved. A. 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. Z -966, (1/17) Board of Commissioners - March 6, 2017 ITEM: 4 - 2 - 6 Page 6 of 7 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. 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. 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'O o o 4 :3 .v U N gi Cu cB � -- " p i p p O X: Y —O N C j } = N Q Cu ..a�`y.. x..:�u..a:.vam'�.. �_. .:_•ss,.Y'_:c:'taaxi- _,..�.��. fSs- �.,rz- :tai. «�..�,_ mss, =r:_. n .•�.za. qw ui � x r r u C O ti �M b o c O O— `"c • -s N W 0% , r � 7 ` i r' ,c �', r� /� fir. :� xs li. �.. �, r'a. ,,+► ;� °�, �• V ON o V N _ � ARO[ 3 T w Board of Commissioners - March 6, 2017 ITEM: 4 - 6 - 1 APPLICANT MATERIALS Board of Commissioners - March 6, 2017 ITEM: 4 - 7 - 1 NEW HANOVER COUNTY PLANNING & INSPECTIONS 230 Government Center Drive Suite 110 Wilmington, NC 28403 910 - 798 -7165 phone 910 - 798 -7053 fax Application for www.nhcgov.com CONDITIONAL USE ZONING DISTRICT Petitioner Information Property Owner(s) Subject Property If different than Petitioner Name Owner Name Address Cindee Wolf New Beginning Christian Church 2940 Blue Clay Road Company Owner Name 2 Parcel ID(s) Design Solutions 322020.91.7300 Address Address Area P.O. Box 7221 3120 Alex Trask Drive 8.57 ac. +/- City, State, Zip City, State, Zip Existing Zoning and Use Wilmington, NC 28406 Castle Hayne, NC 28429 R -10 (CZD) / Vacant Phone Phone Proposed Use 910 - 620 -2374 910- 341 -7984 / Pastor Rob Campbell (CUD) R -10 / High- Density Res Email Email Land Classification cwolf @lobodemar.biz nbcc @newbcc.com Community Mixed -Use Case Number Date/Tim received: Received by: Z-96(D 1Z Zvl0 9 ��11 APPLICATION OVERVIEW In order to assist petitioners through the conditional use rezoning process, petitioners are highly encouraged to attend a pre - application conference prior to application submittal. Petitioners are requested to review the sections of the Zoning Ordinance specific to zoning amendments, conditional use zoning districts, and Special Use Permits prior to submission, and advised to contact Planning Staff with any questions. The following sections of the Zoning Ordinance pertain specifically to zoning amendments, conditional use zoning districts, and Special Use Permits: • Section 55.3: Conditional Zoning Districts • Section 70: Objectives and Purposes of Special Use Permits • Section 71: General Requirements of Special Use Permits • Section 72: Additional Restrictions Imposed on Certain Special Uses a Section 110: Amending the Ordinance • Section 111: Petitions • Section 112: Approval Process Applications for zoning amendments must first be considered by the New Hanover County Planning Board at a public hearing. The Planning Board will make a recommendation to the County Commissioners which will take final action on the permit application in a quasi-judicial public hearing. Attendance at all public hearings is required. The public hearings will allow staff, the applicant, proponents and opponents to testify in regards to the request. Board of Corvws.. ' fr§ - March 6, 2017 - 8 - 1 04/14 APPLICATION OVERVIEW (continued) Unless otherwise published or announced, Planning Board meetings are held on the first Thursday of each month at 6:OOPM in the Commissioner's Assembly Room at the Historic County Courthouse located at Third and Princess Streets, Wilmington, North Carolina. All meeting dates and application deadlines are published on the New Hanover County Planning website. APPLICATION REQUIREMENTS In order to assist petitioners through the process for a conditional use rezoning, petitioners are highly encouraged to attend a pre- application conference prior to application submittal. Applications must be reviewed by Planning Staff for completeness prior to being officially accepted. Applications must be submitted to Planning Staff at twenty (20) working days before the Planning Board meeting at which the application is to be considered. In order to allow time to process, fees and review for completeness, applications will not be accepted after 5:00 PM on the deadline day. Once accepted, the Planning Board will consider the application at the assigned meeting unless the applicant requests a continuance. For High Density Residential projects, a High Density Residential application and High Density Checklist must also accompany this application. The New Hanover County Technical Review Committee (TRC) must also review a High Density Residential project prior to submitting this application. For all proposals, in addition to this application, the following supplemental information and materials are required: Required Information Applicant Staff Initial Initial Narrative of Proposed Use CAW Traffic Impact Worksheet CAW 95 Traffic Impact Analysis (if applicable) N/A N Copy of the New Hanover County Tax Map, which delineates the property requested CAW for rezoning. Legal description (by metes and bounds) of property requested for rezoning. CAW Copy of the subdivision map or recorded plat which delineates the property. CAW Site Plan (8 -24x36 copies for Planning Board; 8 -24x36 copies for Commissioners) CAW • Tract boundaries and total area, location of adjoining parcels and roads • Proposed use of land, structures and other improvements. For residential uses, this shall include number, height and type of units and area to be occupied by each structure and /or subdivided boundaries. For non - residential uses, this shall include approximate square footage and height of each structure, an outline of the area it will occupy and the specific purpose for which it will be used. • Development schedule including proposed phasing. • Traffic and Parking Plan to include a statement of impact concerning local traffic near the tract, proposed right -of -way dedication, plans for access to and from the tract, location, width and right -of -way for internal streets and location, arrangement and access provision for parking areas. • All existing and proposed easements, reservations, required setbacks, rights -of- way, buffering and signage • The one hundred (100) year floodplain line, if applicable • Location and sizing of trees required to be protected under Section 62 of the Zoning Ordinance • Any additional conditions and requirements, which represent greater restrictions on development and use of the tract than the corresponding General Use District regulations or other limitations on land which may be regulated by State law or Local Ordinance. Board of Con ftnn March 6, 2017 ��11 dd 04/14 • Any other information that will facilitate review of the proposed change (Ref. Article VII, as applicable) CAW 5 A report of the required public information meeting outlined in Section 111 -2.1. CAW 95 Authority for Appointment of Agent Form (if applicable) CAW1j Fee - For petitions involving 5 acres or less, $600. For petitions involving greater than 5 acres, $700 CAW CRITERIA REQUIRED FOR APPROVAL OF A CHANGE OF ZONING Conditional Use District Zoning is established to address situations where a particular land use would be consistent with the New Hanover County Land Use Plan and the Zoning Ordinance objective but for which none of the general zoning classifications which would allow that use are acceptable. The applicant should explain, with reference to attached plans (where applicable), how the proposed use satisfies these requirements. The applicant has the burden of proof and must provide sufficient evidence in order for the required findings to be met. You must explain in the space below how your request satisfies each of the following requirements (attach additional sheets if necessary): 1. How would the requested change be consistent with the County's Policies for Growth and Development? e policies for growth and development encourage safe and affordable housing to be available to every citizen. Sustainability the County depends on sensible in -fill and maximizing use of lands already accessible to urban services. A higher density of sidential development not only increases tax base, but makes better use of the existing infrastructure. 2. How would the requested zone change be consistent with the property's classification on the Land Classification Map? he 2016 Comprehensive Land Use Plan identifies this tract as being in a Community Mixed -Use land classification. The assification is to provide for future intensive urban development on lands that have been, or will be provided with necessary rban services. The location of these areas in based upon land use planning policies requiring optimum efficiency in land tilization and public service delivery. 3. What significant neighborhood changes have occurred to make the original zoning inappropriate, or how is he land classification has been upgraded from the 2006 CAMA Plan based on other development in the vicinity, and the vailability of public water and sewer services. The subject property was not formerly eligible for high- density development, b ow does meet the prescribed conditions of the Ordinance. 4. List proposed conditions and restrictions that would mitigate the impacts of the proposed use(s). he areas along the eastern and southern boundaries with proposed single - family uses will be planted and /or fenced, as ecessary, to provide adequate screening & buffering. Lighting will be strategically placed limited such that no light will shine eyond the limits of the property boundary. T, - iviamn u, zu i t -8 -3 04/14 CRITERIA REQUIRED FOR APPROVAL OF A SPECIAL USE PERMIT (As Outlined in Section 71 of the New Hanover County Zoning Ordinance) The applicant should explain, with reference to attached plans (where applicable), how the proposed use satisfies these requirements (please use additional pages if necessary). The applicant has the burden of proof and must provide sufficient evidence in order for the required findings to be met. Planning Staff, the Planning Board, and the Board of County Commissioners reserve the right to require additional information, if needed, to assure that the proposed Special Use Permit meets the following requirements: 1. The Board must find "that the use will not materially endanger the public health or safety if located where and developed according to the plan as submitted and approved." he project would be accessed from Blue Clay Road., a 60' public right -of -way classified as a Minor Arterial. It is maintained by CDOT. NCDOT approval will be required for final permitting of the driveway access. The project is in the Castle Hayne Fire istrict. Adequate circulation within the project has been reviewed by the Department. Water and sanitary sewer service will e provided by extension of public mains to the CFPUA system. Permitting by all State and County agencies will be required rior to onset of construction. The housing facility will have management and maintenance services to assure quality of the roject and safety of the residents. 2. The Board must find "that the use meets all required conditions and specifications" of the Zoning Ordinance. development has direct access to Blue Clay Road., an existing minor arterial roadway, thereby meeting the requirement of ion 72-430). ie land classification is Community Mixed -Use, also meeting the requirements. The classification is intended for more tensive development. Environmental impacts are minimized and more than adequate open space is provided. Public water & sewer service will be provided. Stormwater management for both quality & quantity control is proposed. Impervious coverage is less than the maximum 50 %. 3. The Board must find "that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity." he adjacent existing single - family parcels will be buffered by plantings and / or fencing as necessary to provide screening & use ?paration. Other attached housing projects have been developed in the County in the proximity of single - family eighborhoods. Conditions including adequate buffering, and upgraded building materials add to the quality of the project. hese & the location of the buildings removed from direct adjacency to the single - family homes should assure that there will be o adverse impact to those property values. 4. The Board must find "that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County." location of this project adheres to land use planning policies for optimum efficiency in land utilization and public service ivery. ie policies for growth and development encourage safe and affordable housing to be available to every citizen. Approval of is property for a higher- density of residential development would be consistent with the concept of transitioning uses, and - filling vacant parcels where existing utilities can readily be extended and urban services are available. Board of Co m �igrfr� - March 6, 2017 IT M: 4 - 8 - 4 04/14 Section 72 of the Zoning Ordinance provides additional requirements for the following Special Use Permits. Please supplement your application with all necessary material to meet any additional requirements if your use is any of the following: • Cemetery • Convenience Food Store • Hospital or Nursing and Personal Care Facilities • Private Club or Lodge and Fraternal and Social Organizations • Sanitary Landfill • Travel Trailer Park • Family Child Care Home • Kennel • Mobile Home • Non - Residential Off - Street Parking • Commercial Marina • Septage and Sludge Disposal • Outdoor Shooting Ranges • Adult Entertainment Establishment • Indoor /Outdoor Recreation Establishments • Community Boating Facility • Residential Uses within Commercial Districts • Bed and Breakfast Inn • Electronic Gaming Operation • Farmers Market or Produce Stands in Residential Zoning Districts • Mining • High Density Development • Senior Living Options If an applicant requests delay of consideration from the Planning Board or Board of County Commissioners before notice has been sent to the newspaper, the item will be calendared for the next meeting and no fee will be required. If delay is requested after notice has been sent to the newspaper, the Board will act on the request at the scheduled meeting and are under no obligation to grant the continuance. If the continuance is granted, a fee in accordance with the adopted fee schedule as published on the New Hanover County Planning website will be required. By my signature below, I understand and accept all of the conditions, limitations and obligations of the Conditional Use District zoning for which I am applying. I understand that the existing official zoning map is presumed to be correct. I understand that I have the burden of proving why this requested change is in the public interest. I certify that this application is complete and that all information presented in this application is accurate to the best of my knowledge, information, and belief. C GY l� Signature of Petitioner er wner-- Cindee Wolf / Design Solutions - -5 Print Name 04/14 0,11N, 1 f NEW HANOVER COUNTY PLANNING & .INSPECTIONS A UTHORITY FOR ApkI DOINT MENT OF A G'FNT Print Form 230 Government Center Drive Suite 110 Wilmington, NC 28403 910 -798 -7165 phone 910- 798 -7053 fax wwiv.nhegov.coin Please note that for quasi-judicial proceedings, either the land owner or an attorney must be present for the case at the public hearing. The undersigned owner does hereby appoint an authorized the agent described herein as their exclusive agent for the purpose of petitioning New Hanover County for a variance, special use permit, rezoning request, and/or an appeal of Staff decisions applicable to the property described in the attached petition. The Agent is hereby authorized to, on. behalf of the property owner: 1. Submit a proper petition and the required supplemental information and materials 2. Appeal at public meetings to give representation and commitments on behalf of the property owner 3. Act on the property owner's behalf without limitations with regard to any and all things directly or indirectly connected with or arising out of any petition applicable to the New Hanover County Zoning Ordinance. II Agent Information ; Property Owner(s) , Subject Property Name Owner Name i Address Cindee Wolf New Beginning Christian Church 1 2940 Blue Clay Road Company Owner Name 2 City, State, Zip Design Solutions Castle Hayne, NC Address Address Parcel .ID P.Q. Box 7221 ------ ..----------------- _.._-- ._ -_ 3120 Alex Trask Drive -. ras + 322020.91.7300 e:ic., State, Zip cite, Stafe, zip [3300- 003 - 002 -000] Wilmington, NC 28406 Castle Hayne, NC 28429 I Phone phone 910- 620 -2374 ! 910 -341 -7984 / Pastor Rob Campbell Email Email i cwolf @ lobodemar.biz 1 nbGc@newboc.com Case Number Reference: ; Datel'rime received: This document was willfully executed on the 6 % day of _ �v h -- 2-2�� ne 1 Signature Board of Commissioners - March 6, 2017 ITEM: 4 - 8 - 6 Received by: 24 —... 04/14 Traffic Impact Worksheet Prior to submission of nonresidential site plan, this worksheet must be prepared. A Traffic Impact Analysis will be required for all projects generating 100 peak hour trips or more. The scope of the TIA shall be determined by concurrence of the Planning Director, the MPO coordinator and NCDOT traffic engineer. Any mitigation measures required must be included in the final site plan submitted for review. PROJECT NAME The Covenant PROJECT ADDRESS 2940 slue Clay Road (s.R.2181) DEVELOPER/OWNER New Beginning Christian Church EXISTING ZONING (CZD) R -10 GRGSo rr 99n n nr. n _ _ � � _ � 68 dwelling units NEAREST INTERSECTION old Mill Road (s . R. 2148 ) BEFORE PROPOSED PROJECT Average Daily Traffic (Date) LEVEL OF SERVICE (LOS) 5576 TPD / 2014 B ITE MANUAL TRAFFIC GENERATION ESTIMATE: *1TE Manual available at Planning Department USE AND VARIABLES: senior Adult Housing / ITE 252 (Example: Racquet Club; 8 courts; Saturday peaks) AM PEAK HOUR TRIPS 9 PM PEAK HOUR TRIPS 12 (Traffic generation of 100 peak hour trips will require Traffic Impact Analysis Scoping meeting with Planning Department) Person Providing Estimate Signature Peak Hour estimate confirmed by Planning & Zoning on (Date) Board of Commissioners - March 6, 2017 ITEM: 4 - 8 - 7 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 16 045'13" West, 61.84 feet to a point; thence leaving the right -of -way, North 60 023'16" West, 1271.98 feet to a point; thence, South 28 015'00" West, 29.31 feet to a point; thence, South 17 013'32" West, 459.83 feet to a point; thence, North 57 027'13" 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 15 048'20" West, 265.69 feet; thence continuing along the right -of -way, North 32 029'00" 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 40 002'00" East, 344.57 feet to a point; thence leaving the right -of -way, South 50 020'58" 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 66 056'58" 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 60 023'16" East, 1029.14 feet to a point; thence, South 64 003'52" East, 238.47 feet to the point and place of beginning, containing 8.57 acres, more or less. Board of Commissioners - March 6, 2017 ITEM: 4 - 8 - 8 Board of Commissioners - March 6, 2017 ITEM: 4 - 8 - 9 o O m LU 6 O Cu M Z 0) U O N N N CO 10 Cu P 3 a Z o N CO m M M m m Qb � M v v m v v Cu CL M m a M M 0+ M M M aboa ,� yip 3nis 0� v N CO M m N N n N N Vm N a cc M ni ti 3 1��0 Mr q 0 3 M C*j LO Cmol Lwti ■ o 0 CLa v Cl) M v M, � Ol 11y� x. cc O o CO CO V N N � m N N W M V�! W m M Nm m ^ ti 0+ m 176, Tb 0 m m a m CM n n ° N `0 vi V N N w N M w N 0 ^ OD M ^ 0• N V �Q ASbl)' C N (n lu N J�r� N (`�] N I� I0 '� C V %° Cl) N M a o M ° � v .o M M .nN. M o a n a M N M m ° ro n M U V m v n 00 tr) m M N M r m h N Cu C N n N m M CO O M M M M K N N Cl) C1 m N N 0+ Cu N m Cu '10 n 3>8W b<y8 M 0 ¢ v ID ID OD 01 o a, a r o ° o N °m X Q CO n M °D Y 0a+ ro m N .�. N a N op Op G� Cl) m N m N i - P� Cu � � o a P� X ID � n 10 J v N °�° fb�� X m �Q' M �Q N31 LO a m M m a N N ti C 00 Cl) N HOLLAND DR M to 00 a, M L� P 0+ n N M M M DSHIP N 10 Cu (U N N N o M N M CO Cl) Cu N N o Cl) n O n P N n M m N m M V o Cu O ^ M N o 10 Cu (`') N M (+� V N %0 M Cl) m (n'7 M M Cu M .N. o n M N 0 Cu OD o m P N Ql N Cu N N Cu r OD N P Ce m m m CO m 0 M m N ID � 6 W m Cu ro m m m 9 m m Cv A m la1 r n Z o+ r '� VP�9 o ti W r rNi r 0+ N V M n N M r N N 0 (M N M N Cu Cu n N N M N N N N P 0 N m Cu 00 M LO v Y m m N Cu M Cl) M M ? m THAM M M T N V N M CO Cu 10 M p N Cu M � m N M N M ^ m O 7 N M N Cu Board of Commissioners - March 6, 2017 ITEM: 4 - 8 - 9 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. Board of Commissioners - March 6, 2017 ITEM: 4 - 8 - 10 Location Proposed Zoning REPORT OF COMMUNITY MEETING REQUIRED BY NEW HANOVER COUNTY ZONING ORIDINANCE FOR CONDITIONAL DISTRICT REZONINGS 2940 Blue Clav Road Conditional Use District for Hiah - Densitv Develoament 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 Board ot Uommissioners - Marcli ITEM: 4 - 8 - 11 Community Information Meeting The Covenant - Senior Housing Community Monday, October 24, 2016 Name Address Email (Optional) LINllR 3a 6lQ C)A-�,T )- Rt4-4 N C. N L Lr) 4 S Kin S k HG ru c «e�#�� 9� �-�° J + Ll� L�C�JGrG�� 4zaCoo e4Q k L, C -L 6 r-` &2 ter/ O Board of Commissioners - March 6, 2017 ITEM: 4 - 8 - 12 OWN1 Owner Address Owner City ANGOTTI THOMAS A 604 CARVER CT CASTLE HAYNE, NC 28429 BALL GLORIA 49 HOLLAND DR CASTLE HAYNE, NC 28429 BALLENGER RICK C MELANIE H 604 OLD MILL RD CASTLE HAYNE, NC 28429 BARRETT JOHN J CHARLENE M 24 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 G 64 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 H 44 HOLLAND DR CASTLE HAYNE, NC 28429 CLOYD CRAIG S SHELBY HEWETT 3208 GALWAY RD CASTLE HAYNE, NC 28429 COSTIN VALERIE A DELTON C 51 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 S 50 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 C 42 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 B 54 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 Board of Commissioners - March 6, 2017 ITEM: 4 - 8 - 13 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 LJR 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 N 53 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 Board of Commissioners - March 6, 2017 ITEM: 4 - 8 - 14 Desrgv� Soiutio�.s 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 24t ", 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. P.O. BOX 7221, Wilmington, NC 2840fo * Telephone: 910 -620 -2.374 * Email: cwolf @lobodevnar.biz Board of Commissioners - March 6, 2017 ITEM: 4 - 8 - 15 � o Q s V L s V U CD N z a� s +.j v E n 0 a� a� 0 0 �U 0 Board of Commissioners - March 6, 2017 ITEM: 4 - 8 - 16 C6 E � o Q) U i o U 0 � o Q s V L s V U CD N z a� s +.j v E n 0 a� a� 0 0 �U 0 Board of Commissioners - March 6, 2017 ITEM: 4 - 8 - 16 E 9 R I 3 �1 �6d a3 Lr) .�np L° fs 0dd © _ •d � m a \ d •� m - -- S 1II b 46 Q LO 1411 in d ' y N N Sty � 01 ��, •.�� pue�iQW ;mX � Board of Commissioners - March 6, 2017 ITEM: 4 - 8 - 17 s 1--J r MP—. Board of Commissioners - March 6, 2017 ITEM: 4 - 8 - 18 FF , Board of Commissioners - March 6, 2017 ITEM: 4 - 8 - 19 hl qt E 0 O ICU s— V O 00 OE _0 O CO 4) W ' N v) cn 4� O CO oc Board of Commissioners - March 6, 2017 ITEM: 4 - 8 - 19 �1 0 0 W m r z W 0 u 4A Board of Commissioners - March 6, 2017 ITEM: 4 - 8 - 20 (D Z D J 00 2 0 0 W m Vl- U3 z ■. 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W 0 Board of Commissioners - March 6, 2017 ITEM: 4 - 8 - 21 Board of Commissioners - March 6, 2017 ITEM: 4 - 8 - 22 4—J hA dJ _ :3 rl L— O E E Q .� O U U a Board of Commissioners - March 6. 2017 ITEM: 4 - 8 - 23 PROPOSED SITE PLAN Board of Commissioners - March 6, 2017 ITEM: 4 - 9 - 1 Q� B3 23� ..o M �i�gndpasodo�d `� oj z° r_ YU yo s "a= os Po 'fix xPasgg m — — — _aC aa8 SEOp s�k� a - �� /• \, --• \• \ 4P0, \ VO � I � N X9'0 a - "oP 3oa?.. v s — \• \ \ '\ \� \ %`� - _ _� I i O Ni;l L 41 / N o Fn V ML A 3 18 <\ /// N - U a v o N v i L ' m / / a _0 4f / as \ Ln o,> 41 ' 141 — / J "s' / w CTf'p'T oo 40 x 1. y n� � � E� ♦ �n�� _ �� "gnu U � Z � u o i3cy dE T ju Q� B3 23� ..o M �i�gndpasodo�d `� oj z° r_ YU yo s "a= os Po 'fix xPasgg m — — — _aC aa8 SEOp s�k� a - �� /• \, --• \• \ 4P0, \ VO � I � N X9'0 a - "oP 3oa?.. v s — \• \ \ '\ \� \ %`� - _ _� I i O Ni;l L 41 / N o Fn V ML A 3 18 <\ /// N - U a v o N v i L ' m / / a _0 4f / as \ Ln o,> 41 ' 141 — / J "s' / w CTf'p'T oo 40 x 1. y n� � � E� ♦ �n�� _ �� "gnu Board of Commissioners - March 6, 2017 ITEM: 4 - 10 - 1 o i3cy dE Board of Commissioners - March 6, 2017 ITEM: 4 - 10 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: March 6, 2017 REGULAR DEPARTMENT: Planning PRESENTER(S): Chris O'Keefe, Planning & Land Use Director (Planning Board Representative: Chairman Donna Girardot) 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, a 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. 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, Sections 70 and 71 are completely overhauled to provide more logical organization, clarity, and predictable processes for application, review, and decision making for Special Use Permits. Throughout the process, focus was given to intensive manufacturing uses, including what uses would be classified as Intensive Manufacturing, and how the Special Use Permit process may be tailored for those types of uses. In the proposed amendment, a total of sixteen uses are classified as Intensive Manufacturing. Additionally, the new language for Section 70 includes application requirements specifically for Intensive Manufacturing uses, highlighted in yellow on pages 4 -5. Additional requirements for uses classified as Intensive Manufacturing include that a community information meeting be held prior to the Board of Commissioners - March 6, 2017 ITEM: 5 application submission, the application submission deadline is increased from 20 business days to 35 business days, and the application must include a rundown of all local, state, and federal regulatory permits and approvals anticipated to be required for the proposed use. The starting 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, a few minor changes were made to the ordinance text and the table of permitted uses. This text amendment was tabled at the January 5, 2017 Planning Board meeting to allow additional time for public review and comment. At their February 2, 2017 meeting, the Planning Board voted 6 -1 to recommend approval with one change to Section 72- 2(2)E, highlighted in blue on page 5. This final change garnered support for the entire text amendment from the NC Coastal Federation, BASE, and the Wilmington Chamber of Commerce. 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: Motion to recommend approval of the amendment as recommended by the Planning Board as this request as described is: 1. Consistent with the purposes and intent of the 2016 Comprehensive Land Use Plan, as the amendment is necessary to provide clarity and predictability of land use regulations to facilitate intelligent growth, stewardship and economic development in the county. 2. Reasonable and in the public interest as the amendment allows for clear interpretation of the county's Zoning Ordinance in a manner consistent with the spirit and intent of the existing regulations. ATTACHMENTS: A -425 Script Text Amendment A -425 Final Text Amendment A -425 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval as approved by the Planning Board. COMMISSIONERS' ACTIONS: Approved as approved by the Planning Board 5 -0. Board of Commissioners - March 6, 2017 ITEM: 5 Board of Commissioners - March 6, 2017 ITEM: 5 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 either in favor or in opposition of this item (The Chairman may wish to limit the amount of time allotted to each speaker). Each side will be given 15 minutes for their presentations and an additional 5 minutes for rebuttal. 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 in support of the amendment (up to 15 minutes) c. Public speakers in opposition of the amendment (up to 15 minutes) d. Rebuttal in support (up to 5 minutes) e. Rebuttal in opposition (up to 5 minutes) 3. Close the Public Hearing 4. Board of Commissioners discussion 5. Vote on the text amendment. 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 Board of Commissioners - March 6, 2017 ITEM: 5 - 1 - 1 plan and /or the proposal is not reasonable and /or the proposal is not in the public interest Board of Commissioners - March 6, 2017 ITEM: 5 - 1 - 2 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. 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, Sections 70 and 71 are completely overhauled to provide more logical organization, clarity, and predictable processes for application, review, and decision making for Special Use Permits. Throughout the process, focus was given to intensive manufacturing uses, including what uses would be classified as Intensive Manufacturing, and how the Special Use Permit process may be tailored for those types of uses. In the final draft below, a total of sixteen uses are classified as Intensive Manufacturing. Additionally, the new language for Section 70 includes application requirements specifically for Intensive Manufacturing uses. Additional requirements for uses classified as Intensive Manufacturing include that a community information meeting be held prior to application submission, the application submission deadline is increased from 20 business days to 35 business days, and the application must include a rundown of all local, state, and federal regulatory permits and approvals anticipated to be required for the proposed use. The starting 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. A -425, (09/16) Board of Commissioners - March 6, 2017 ITEM: 5 - 2 - 1 Page 1 of 16 After consideration of feedback heard following the Planning Board work sessions, a few minor changes were made to the ordinance text and the table of permitted uses. This text amendment was tabled at the January S, 2017 Planning Board meeting to allow additional time for public review and comment. At their February 2, 2017 meeting, the Planning Board voted 6 -1 to recommend approval with one change to Section 72- 2(2)E. This final change garnered support for the entire text amendment from the NC Coastal Federation, BASE, and the Wilmington Chamber of Commerce. ARTICLE II: DEFINITIONS Manufacturing Artisan Manufacturing- On -site production of goods by hand manufacturing involving the use of hand tools and small -scale light mechanical equipment. Typical uses include woodworking and cabinet shops, ceramic studios, jewelry manufacturing and similar types of arts and crafts or very small -scale manufacturing uses that have very limited, if any, negative external impacts on surrounding properties, water resources, air quality and /or public health. Intensive Manufacturing - Uses listed under the heading "Intensive Manufacturing" in the Table of Permitted Uses shall be considered Intensive Manufacturing uses. Sunshine List — A list of email addresses on file with the Clerk to the Planning Board of persons or organizations with a standing written request or subscription to receive public meeting notices. ARTICLE VII: PROVISIONS FOR USES ALLOWED AS SPECIAL USES Section 70: General Information, Applications, Process, Public Notice, Public Hearings, Review and Decision, and Conclusions Required for Approval 70 -1: General (1) Special Use Permits add flexibility to the Zoning Ordinance. Subject to high standards of planning and design, certain property uses may be allowed in the several districts where these uses would not otherwise be acceptable. By means of controls exercised through the Special Use Permit procedures, property uses which would otherwise be undesirable in certain districts may be developed to minimize any negative external effects they might have on surrounding properties. (2) Any use or development designated by applicable zoning district regulations as a special use, or as allowed only pursuant to a special use permit, may be established in that district only after the use or development is authorized by a validly issued special use permit. 70 -2: Applications A -425, (09/16) (1) Applications for a Special Use Permit shall be submitted to the Planning Director or their designee by the owner or owners, or their duly authorized agent, of the Board of Commissioners - March 6, 2017 ITEM: 5 - 2 - 2 Page 2 of 16 property subject to the Special Use Permit petition at least 20 business days prior to an adopted Planning Board meeting date. For Intensive Manufacturing uses, the application must be submitted at least 35 business days prior to the Planning Board meeting date. A schedule of adopted Planning Board meeting dates and the application deadlines shall be available at the Planning Department. Any additional information, documents, etc. submitted after the application deadline must be submitted no later than 10 business days prior to the Planning Board meeting date to be included in the Planning Board agenda package. Additional information and documents may be submitted during the public hearings; however, as much information should be included with the application as possible to demonstrate that the four required conclusions for approval can be met. (2) Applications for a Special Use Permit shall include the following to be considered a complete application: (A) Completed and signed application form for a Special Use Permit (B) Traffic Impact Worksheet (C) Traffic Impact Analysis (only applicable for development proposals that exceed 100 peak hour trip generation) (D) Site Plan, including: 1. Tract boundaries and total area, location of adjoining parcels and roads. 2. Proposed use of land, structures and other improvements. For residential uses, this shall include number, height and type of units and area to be occupied by each structure and /or subdivided boundaries. For non - residential structures, this shall include approximate square footage and height of each structure, an outline of the area it will occupy and the specific purpose for which it will be used. 3. Development schedule including proposed phasing. 4. Traffic and Parking Plan to include a statement of impact concerning local traffic near the tract, proposed right -of -way dedication, plans for access to and from the tract, location, width and right -of -way for internal streets and location, arrangement and access provision for parking areas. 5. All existing and proposed easements, reservations, required setbacks, rights -of -way, buffering and signage. 6. The one hundred (100) year floodplain line, if applicable. 7. Location and sizing of trees required to be protected under Section 62 of the Zoning Ordinance. 8. The approximate location of US Army Corps of Engineers Clean Water Act Section 404 and Rivers and Harbors Act Section 10 Wetlands, and wetlands under jurisdiction of the NC Department of Environmental Quality. A -425, (09/16) Page 3 of 16 Board of Commissioners - March 6, 2017 ITEM: 5 - 2 - 3 9. Any additional conditions and requirements, which represent greater restrictions on development and use of the tract than the corresponding General Use District regulations or other limitations on land which may be regulated by Federal or State law or Local Ordinance. 10. Any other information that will facilitate review of the proposed change (Ref. Article VII, as applicable). (E) A written description of proposal depicting the nature and scope of the proposed development, as well as information which provides support for each of the required conclusions identified in Section 70 -7. (F) At the discretion of the petitioner, supplemental information, plans, and /or documents that the petitioner intends to use to demonstrate at the public hearing that the conclusions required for approval in Section 70 -7 are met. (G) Authority for Appointment of Agent Form (only applicable if the petition for Special Use Permit is submitted by an agent for the property owner(s)). (H) Application fee based on the adopted fee schedule. (1) Community information meeting report for community information meeting per Section 111 -2.1 (only for uses classified as Intensive Manufacturing). (J) For proposed uses in the Intensive Manufacturing category only, the applicant shall identify, in the application, any local, state, or federal permit (other than the special use permit being sought in the application) which the applicant reasonably believes at the time of submitting the application will be required to be obtained before the applicant may legally engage in the proposed use. The applicant's identification of permits shall include, but shall not be limited to, as applicable, permits pertaining to air quality, water quality, wetlands, endangered species, and groundwater. For purposes of this section, the requirement that the applicant identify any "permit" for "groundwater" shall include any requirement that the applicant report to or notify any local, state, or federal agency of groundwater and /or aquifer withdrawals pursuant to applicable local, state, or federal law. (3) Specific requirements of application requirements may be waived by the respective reviewer, planning director, or planning board, where it is determined that the required information is not applicable to the subject request. A -425, (09/16) Page 4 of 16 Board of Commissioners - March 6, 2017 ITEM: 5 - 2 - 4 70 -3: Process: (1) In order to assist applicants through the process for obtaining a Special Use Permit, applicants may request a pre - application conference with NHC planning staff prior to application submittal. (2) The Planning Director or their designee shall review application packages and respond to the petitioner as soon as possible but at most within 5 business days following the application submission to notify the petitioner in writing including regular mail or e -mail of any omissions to the requirements under Section 70 -2(2) that render the application incomplete. This review for completeness is to ensure that each of the applicable documents have been submitted as part of the application, and not to verify or substantiate the information provided within the application package. (3) Applications with no omissions to the requirements under Section 70 -2(2) shall be deemed complete and be calendared for a public hearing at the next scheduled Planning Board meeting satisfying the application requirements. The Planning Director or their designee shall respond to the petitioner as soon as possible but at most within 5 business days following the application submission in writing including regular mail or e-mail to notify them that the application was deemed complete and confirm the date of the Planning Board meeting at which the public hearing will be held. (4) Within 10 business days following an application deadline, complete applications for special use permit petitions shall be posted on the Planning Department web page ( www. planningdevelopment.nhcgov.com) in addition to the date, time, and location of the Planning Board meeting at which the public hearing will be calendared. Notification of the posting of the special use permit application(s) and meeting information shall also be sent to the Sunshine List. Any additional information received from the petitioner after the application deadline shall also be posted on the web page. (5) In preparation for the public hearing at the Planning Board for a petition for a special use permit, the Planning Director or their designee shall analyze the information and materials provided in the application package to provide a summary of the request and preliminary findings of fact in the form of a report to be included in the agenda package for the Planning Board meeting. The intent of the report is to inform the Planning Board of whetherthe Conclusions Required for Approval in Section 71 -4 have been met or to identify, from staff's perspective, issues or areas that the Planning Board may need more information on in order to provide a recommendation to the Board of County Commissioners whether each of the required conclusions in Section 70 -7 have been met. The A -425, (09/16) Board of Commissioners - March 6, 2017 ITEM: 5 - 2 - 5 Page S of 16 staff analysis report shall be published by the Clerk to the Planning Board as part of the agenda package for the Planning Board meeting. (6) In preparation for the public hearing at the Board of County Commissioners for a petition for a special use permit, the Planning Director or their designee shall prepare a report summarizing the Special Use Permit request, the information and materials provided in the application package and presented at the Planning Board public hearing(s), the Planning Board's recommendations, and preliminary findings of fact. The intent of the report is to inform the Board of County Commissioners of whether the Conclusions Required for Approval in Section 71- 4 have been met or to identify, from staff's perspective, issues or areas that the Board of County Commissioners may need more information on in order to reach a required conclusion. The staff analysis report shall be published by the Clerk to the Board of County Commissioners as part of the agenda package for the County Commissioners meeting. 70 -4: Public Notice (1) Public notice for a petition for a special use permit shall be disseminated per Section 112.1 of the Zoning Ordinance. 70 -5: Public Hearings (1) A public hearing at the Planning Board for the special use permit application shall be calendared per Section 70 -3(3). (2) The public hearing for the special use permit application at the Planning Board shall be held in a quasi - judicial format. At the hearing, the Planning Board hears factual evidence presented at an evidentiary hearing, then makes recommendations for findings of fact supported by competent, substantial, and material evidence. Based on those recommended findings, the Planning Board may render a recommendation to the County Commissioners on whether each of the required conclusions specified in Section 70 -7 can be reached. (3) The applicant may be required by the Planning Board or Board of Commissioners to provide additional information to demonstrate that the four required conclusions have been met. (4) The Planning Board may continue the hearing to a later meeting to accommodate the presentation of additional testimony or evidence. If the time and place of the continued hearing is announced in open session during the hearing, no further notice need be given for the continued hearing. A -425, (09/16) Board of Commissioners - March 6, 2017 ITEM: 5 - 2 - 6 Page 6of16 (5) A public hearing at the Board of County Commissioners shall be calendared following the public hearing at which the Planning Board makes a recommendation. (6) The public hearing for the special use permit application at the Board of County Commissioners shall be held in a quasi - judicial format. At the hearing, the Board hears factual evidence presented at an evidentiary hearing, then makes findings of fact supported by competent, substantial, and material evidence. Based on those findings, the Board of County Commissioners decides whether or not it can reach each of the required conclusions specified in Section 70 -7 below. (7) The Board of County Commissioners may continue the hearing to a later meeting to accommodate the presentation of additional testimony or evidence. If the time and place of the continued hearing is announced in open session during the hearing, no further notice need be given for the continued hearing. 70 -6 Review and Decision: (1) The applicant bears the burden of presenting sufficient evidence in support of the application to allow the Board of County Commissioners, after weighing such evidence against that presented in opposition to the application, to make findings of fact that reasonably support each of the required conclusions outlined in Section 70 -7 as well as any applicable specific standards for the proposed use as required by Section 72. If that burden is met, the Board of County Commissioners must approve the application. If that burden is not met, the Board of County Commissioners must deny the application, provided that if the Board of County Commissioners determines that specific minor changes or additions to, or restrictions on, the proposed development are necessary and sufficient to overcome impediments to its reaching the required conclusions, it may approve the application subject to reasonable conditions requiring such changes or additions or imposing such restrictions. Such conditions may include time limits for completion of development or for the start or end of certain uses or activities. (2) A motion to approve the application must state the required conclusions and include findings of fact on which the conclusions are based, plus any proposed conditions of approval. The favorable vote of a majority of Board of County Commissioners members present is necessary to pass such a motion. A motion to deny the application must state which of the required conclusions cannot be reached and include findings of fact on which the inability to reach the conclusions is based. The favorable vote of a majority of Board of County Commissioners members present is necessary to pass such a motion. If a motion to approve the application fails, the application is deemed denied, and those members voting against the motion must state which of the required conclusions A -425, (09/16) Board of Commissioners - March 6, 2017 ITEM: 5 - 2 - 7 Page 7 of 16 they could not reach as well as findings of fact on which their inability to reach the conclusions is based. (3) Every decision by the Board of Commissioners issuing or denying a special use permit shall be subject to review by the Superior Court by proceedings in the nature of certiorari. Any petition for review by the Superior Court shall be filed with the Clerk of Superior Court within 30 days after the decision of the Board is filed in the Office of the Clerk to the Board, or after a written copy thereof is delivered to every aggrieved party who has filed a written request for such copy with the Clerk or Chairman of the Board at the time of the hearing of the case, whichever is later. 70 -7: Conclusions Required for Approval —The Board of County Commissioners shall approve an application for a special use permit if it reaches each of the following conclusions based on findings of fact supported by competent, substantial, and material evidence presented at the hearing. (1) The use will not materially endanger the public health or safety if located where proposed and approved. (2) The use meets all required conditions and specifications of the Zoning Ordinance; (3) The use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. (4) The location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the Comprehensive Land Use Plan for New Hanover County. Section 71: Validity, Extensions, and Changes for Approved Special Use Permits; Resubmittals of Denied Applications 71 -1: Validity and Extensions of Approved Special Use Permits: (1) A special use permit, issued by the Board of County Commissioners, shall become null and void if construction or occupancy of the proposed use as specified on the special use permit is not commenced within twenty -four (24) months of the date of issuance. If an extension is desired, a request must be submitted in writing to the New Hanover County Planning Department prior to the expiration. Extensions may be granted in accordance with Section 112 -6 of the Ordinance. (2) In the event of failure to comply with the plans approved by the Board of County Commissioners or with any other conditions imposed upon the special use permit, the permit shall thereupon immediately become void and of no effect. No building permits for further construction or certificates of occupancy under this special use permit shall be issued, and all completed structures shall be regarded as non - conforming uses subject to the provisions of Article IV of this A -425, (09/16) Page 8 of 16 Board of Commissioners - March 6, 2017 ITEM: 5 - 2 - 8 Ordinance provided, however, that the Board of County Commissioners shall not be prevented from thereafter rezoning said property for its most appropriate use. 71 -2 Changes to Approved Special Use Permits: (1) The original applicant(s), their successors or their assignee may make minor changes in the location and /or size of structures provided the necessity for these changes is clearly demonstrated. Minor changes shall be reviewed by the Planning Department and upon favorable recommendation by the Planning Director may be approved by the Zoning Administrator. Such approval shall not be granted should the proposed revisions cause or contribute to: (A) A change in the character of the development. (B) A change of design for, or an increase in the hazards to pedestrian and vehicle traffic circulation, or (C) A modification in the originally approved setbacks from roads and /or property lines exceeding ten percent. 71 -3 Resubmittals: (1) An application for a special use which has been previously denied may be resubmitted only if there has been a change in circumstances as determined by the Planning Director or the director's designee. Evidence presented in support of the new application shall initially be limited to what is necessary to enable the Planning Director to determine whether there has been a substantial change in the facts, evidence, or conditions of the case and shall include: (A) Circumstances affecting the property that is the subject of the application which have substantially changed since the denial; or (B) New information available since the denial that could not with reasonable diligence have been presented at a previous hearing. If the Planning Director deems the evidence substantially changed, the proposal may be resubmitted as a new application. Appeal of the Planning Director's decision may be made to the Board of County Commissioners. ARTICLE XI: AMENDMENTS 111 -2.1: Required community information meeting before consideration Before an application will be accepted as complete for a zoning amendment or special use permit for proposals involving Planned Development, Riverfront Mixed Use District, Conditional Use Zoning District, Conditional Zoning District, Exceptional Design Zoning District, (11/13/12) or special use permits for uses classified as intensive manufacturing the petitioner must include a written report of at least one (1) community information A -425, (09/16) Page 9 of 16 Board of Commissioners - March 6, 2017 ITEM: 5 - 2 - 9 meeting held by the petitioner. The community meeting shall be held prior to submission of the application for map amendment, but after a pre - application conference with Planning & Inspections staff (11/13/12) for projects that require a pre - application conference. The primary purpose of the community meeting is to explain the upcoming proposal and field questions from people in the surrounding area. The applicant shall provide written notice by mail or other agreed upon measure at least ten days prior to the date of the neighborhood meeting. Notice shall be provided to each owner of record of land and any current tenants within 500 feet of and on the property for which development approvals are sought. Notice shall also be provided to (11/13/12) organizations entitled to notice based on a standing written request on file with the Clerk to the Planning Board ( "Sunshine List "). The meeting should focus on information exchange between an applicant and the specific invitees but should be open to the general public as well. The report shall include, at a minimum the following: (1) A list of those that were not able to be contacted and reason(s) why contact was not successful; (2) Date, time and location of the meeting; (3) Roster of the persons in attendance at the meeting; (4) Summary of issues discussed at the meeting; and (5) Description of any changes or adjustments to the rezoning petition made by the petitioner as a result of the community meeting. In the event the petitioner has not held at least one (1) meeting pursuant to this subsection, the petitioner shall file a report documenting efforts that were made to arrange such a meeting and stating the reasons such a meeting was not held. The adequacy of a meeting held or report filed pursuant to this section shall be considered by the Planning Board in its decision and by the County Commissioners, as appropriate but shall not be subject to judicial review. (9/07) A -425, (09/16) Board of Commissioners - March 6, 2017 ITEM: 5 -2-10 Page 10 of 16 Section 50: Establishment of Use District Table of Permitted Uses Permitted Uses PD R 20S R 20 R 15 R 10 R 7 B 1 B 2 I 1 I 2 O & 1 A R A I S C R A R F M U Supp Regs NAICS Manufacturing Artisan Manufacturing P P P P P P P 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 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 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 A -425, (09/16) Board of Commissioners - March 6, 2017 ITEM: 5 -2-11 Page 11 of 16 A -425, (09/16) Board of Commissioners - March 6, 2017 ITEM: 5 -2-12 Page 12 of 16 R O F R R R R R B B I I & A A S R M Supp NAICS Permitted Uses PD 20S 20 15 10 7 1 2 1 2 1 R I C A U Regs Boiler, Tank, and Shipping Container 3324 Manufacturing S P S Hardware Manufacturing P S P P P 3325 Spring and Wire Product 3326 Manufacturing P S P P P Other Fabricated Metal Product 3329 Manufacturing S P S Agriculture, Construction, and 3331 Mining Machinery Manufacturing P S P P P Industrial Machinery Manufacturing P S P P P 3332 Commercial and Service Industry 3333 Machinery Manufacturing P S P P P Ventilation, Heating, Air- 3334 Conditioning, and Commercial Refrigeration Equipment Manufacturing P S P P P Metalworking Machinery 3335 Manufacturing P S P P P Engine, Turbine, and Power 3336 Transmission Equipment Manufacturing P S P P P Other General Purpose Machinery 3339 Manufacturing P S P P P Computer and Peripheral Equipment 3341 Manufacturing P S P P P Communications Equipment 3342 Manufacturing P S P P P Audio and Video Equipment 3343 Manufacturing P S P P P Semiconductor and Other Electronic 3344 Component Manufacturing P S P P P Navigational, Measuring, 3345 Electromedical, and Control Instruments Manufacturing P S P P P Manufacturing and Reproducing 3346 Magnetic and Optical Media P S P P P Electric Lighting Equipment 3351 Manufacturing P S P P P Household Appliance Manufacturing P S P P P 3352 Electrical Equipment Manufacturing P S P P P 3353 A -425, (09/16) Board of Commissioners - March 6, 2017 ITEM: 5 -2-12 Page 12 of 16 A -425, (09/16) Board of Commissioners - March 6, 2017 ITEM: 5 -2-13 Page 13 of 16 R O F R R R R R B B I I & A A S R M Supp NAICS Permitted Uses PD 20S 20 15 10 7 1 2 1 2 1 R I C A U Regs Other Electrical Equipment and 3359 Component Manufacturing P S P P P Motor Vehicle Manufacturing S P S 3361 Motor Vehicle Body and Trailer 3362 Manufacturing S P S Motor Vehicle Parts Manufacturing S P P 3363 Aerospace Product and Parts 3364 Manufacturing S P P Railroad Rolling Stock Manufacturing S P P 3365 Ship and Boat Building S P P 3366 Other Transportation Equipment 3369 Manufacturing S P P Medical Equipment and Supplies 3391 Manufacturing P P P Other Miscellaneous Manufacturing P S P P P 3399 Household and Institutional 3371 Furniture and Kitchen Cabinet Manufacturing P S P P P Office Furniture (including Fixtures) 3372 Manufacturing P S P P P Other Furniture Related Product Man. P S P P P 3379 Tobacco Manufacturing S P 3122 Leather and Hide Tanning and 3161 Finishing S P Sawmills and Wood Preservation S P 3211 Other Wood Product Manufacturing S P 3219 Converted Paper Product 3222 Manufacturing S P Basic Chemical Manufacturing S P 3251 Resin, Synthetic Rubber, and 3252 Artificial Synthetic Fibers and Filaments Manufacturing S P Paint, Coating, and Adhesive 3255 Manufacturing S P Soap, Cleaning Compound, and 3256 Toilet Preparation Manufacturing S P Other Chemical Product and 3259 Preparation Manufacturing [Except: Explosives Manufacturing ( NAICS 325920) and All Other Miscellaneous Chemical Product and S P A -425, (09/16) Board of Commissioners - March 6, 2017 ITEM: 5 -2-13 Page 13 of 16 A -425, (09/16) Board of Commissioners - March 6, 2017 ITEM: 5 -2-14 Page 14 of 16 R O F R R R R R B B I I & A A S R M Supp NAICS Permitted Uses PD 20S 20 15 10 7 1 2 1 2 1 R I C A U Regs Preparation Manufacturing (NAICS 325998)] Plastics Product Manufacturing S P S 3261 Rubber Product Manufacturing S P 3262 Clay Product and Refractory 3271 Manufacturing S P Glass and Glass Product 3272 Manufacturing S P Cement and Concrete Product 3273 Manufacturing [Except: Cement Manufacturing (NAICS 32731)] S P Other Nonmetallic Mineral Product 3279 Manufacturing S P Iron and Steel Mills and Ferroalloy 3311 Manufacturing S P Steel Product Manufacturing from 3312 Purchased Steel S P Alumina and Aluminum Production 3313 and Processing [Except: Alumina Refining and Primary Aluminum Production (NAICS 331313) and Secondary Smelting and Alloying of Aluminum (NAICS 331314)] S P Nonferrous Metal (except 3314 Aluminum) Production & Processing S P Forging and Stamping S P 3321 Coating, Engraving, Heat Treating, 3328 and Allied Activities S P Machine Shops; Turned Product; and 3327 Screw, Nut, and Bolt Manufacturing S P Intensive Manufacturing Animal Slaughtering and Processing S 3116 Pulp, Paper, and Paperboard Mills S 3221 Petroleum and Coal Products 3241 Manufacturing S A -425, (09/16) Board of Commissioners - March 6, 2017 ITEM: 5 -2-14 Page 14 of 16 Permitted Uses PD R 20S R 20 R 15 R 10 R 7 B 1 B 2 I 1 I 2 O & 1 A R A I S C R A R F M U Supp Regs NAICS Pesticide, Fertilizer, and Other Agricultural Chemical Manufacturing S 3253 Explosives Manufacturing S 325920 All Other Miscellaneous Chemical Product and Preparation Manufacturing S 325998 Cement Manufacturing S 32731 Lime and Gypsum Product Manufacturing S 3274 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 A -425, (09/16) Board of Commissioners - March 6, 2017 ITEM: 5 -2-15 Page 15 of 16 PLANING BOARD ACTION: At their February 2, 2017 meeting, the Planning Board recommended approval (6 -1), finding that the text amendment is: 1. Consistent with the purposes and intent of the 2016 Comprehensive Plan because it implements Goal I: Support Business Success by streamlining the permitting process for targeted industries and encouraging target industries in Employment Centers, Commerce Zones, and Growth Nodes. 2. Reasonable and in the public interest because the amendment adds clarity to the county's special use permit process and the table of permitted uses, providing for orderly growth in the county. 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 for 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 for denial of the amendment request based on specific reasons STAFF RECOMMENDATION Staff recommends approval as stated in the Planning Board's action. Staff concurs with the Planning Board's statements that the application is consistent with the Comprehensive Plan and is reasonable and in the public interest. Staff Suggested Motion: Motion to approve, affirming the Planning Board's statements that the amendment is consistent with the Comprehensive Plan and is reasonable and in the public interest. A -425, (09/16) Board of Commissioners - March 6, 2017 ITEM: 5 -2-16 Page 16 of 16 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 n bplay., •^{ , -etg the changes made at the fp -r v4erk ° . 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, Sections 70 and 71 are+s completely overhauled to provide more logical organization, clarity, and predictable processes for application, review, and decision making for Special Use Permits. Throughout the process, focus was given to intensive manufacturing uses, including what uses would be classified as Intensive Manufacturing, and how the Special Use Permit process may be tailored for those types of uses. In the final draft below, a total of sixteen uses are classified as Intensive Manufacturing. Additionally, the new language for Section 70 includes application requirements specifically for Intensive Manufacturing uses, highlighted in yellow on pages 4 -5. Additional requirements for uses classified as Intensive Manufacturing include that a community information meeting be held prior to the application submission, the application submission deadline is increased from 20 business days to 35 business days, and the application must include a rundown of all local, state, and federal regulatory permits and approvals anticipated to be required for the proposed use. Finally, SertiAR 1-1-1- 24 %vothan AFtiele A is upd-ated te Feffler-t the newly FeqUiFed community infGFMatien meeting fGF The starting t#e -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) A -425, (09/16) Page 1 of 17 Board of Commissioners - March 6, 2017 ITEM: 5 - 3 - 1 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, a few minor changes were made to the ordinance text and the table of permitted uses. _This text amendment was tabled at the January 5, 2017 Planning Board meeting to allow additional time for public review and comment. At their February 2, 2017 meeting, the Planning Board voted 6 -1 to recommend approval with one - change to Section 72- 2(2)E, highlighted in blue on page 5. This final change; hal-garnered support for the entire text amendment from the NC Coastal Federation, BASE, and the Wilmington Chamber of Commerce. Note: Articles 11 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. 1 ARTICLE II: DEFINITIONS 2 3 Manufacturing 4 5 Artisan Manufacturing- On -site production of goods by hand manufacturing involving the use of 6 hand tools and small -scale light mechanical equipment. Typical uses include woodworking and 7 cabinet shops, ceramic studios, jewelry manufacturing and similar types of arts and crafts or very 8 small -scale manufacturing uses that have very limited, if any, negative external impacts on 9 surrounding properties, water resources, air quality and /or public health. 10 11 12 13 14 15 16 , 17 . 18 19 20 21 textile mills; textile pFedurt mills; apparel maRyfartuFiRg; le;ithpr ;;Rd ;Illipd preduet 22 , 23 25 26 , 27 equipment, red ,.ts o,- by- ^F s. Typ"ral ugi-q inrlud,-- . eldi g shep ; ma: "'� ine shops; 28 29 facilities include these operations that do not have significant negative ext.'Ri 31 32 Intensive Manufacturing - Uses listed under the heading "Intensive Manufacturing' in the Table 33 of Permitted Uses shall be considered Intensive Manufacturing uses. MaRUfaCt,,.;..g aR A -425, (09/16) Page 2 of 17 Board of Commissioners - March 6, 2017 ITEM: 5 - 3 - 2 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 Sunshine List — A list of email addresses on file with the Clerk to the Planning Board of persons or organizations with a standing written request or subscription to receive public meeting notices. ARTICLE V: DISTRICT REGULATIONS Section 53.3: 1 -2 Heavy Industrial Note: Sections 70 and 71 within Article VII oreis proposed to be replaced in its entirety with the text below. ARTICLE VII: PROVISIONS FOR USES ALLOWED AS SPECIAL USES Section 70: General Information, Applications, Process, Public Notice, Public Hearings, Review and Decision, and Conclusions Required for Approval 70 -1: General (1) (Special Use Permits add flexibility to the Zoning Ordinance. Subject to high standards of planning and design, certain property uses may be allowed in the several districts where these uses would not otherwise be acceptable. By means of controls exercised through the Special Use Permit procedures, property uses which would otherwise be undesirable in certain districts may be developed to minimize any negative external effects they might have on surrounding properties., A -425, (09/16) Page 3 of 17 Board of Commissioners - March 6, 2017 ITEM: 5 - 3 - 3 Formatted: Font: Commented [AB1]: From existing Section 70 -1, however "negative external" was changed from "bad" Formatted: Font: 78 79 (2) Any use or development designated by applicable zoning district regulations as a 80 special use, or as allowed only pursuant to a special use permit, may be 81 established in that district only after the use or development is authorized by a 82 validly issued special use permit. 83 84 70 -2: Applications 85 86 (1) Applications for a Special Use Permit shall be submitted to the Planning Director 87 or their designee by the owner or owners, or their duly authorized agent, of the 88 property subject to the Special Use Permit petition at least 20 business days prior 89 to an adopted Planning Board meeting date. For Intensive Manufacturing uses, 90 the application must be submitted at least 35 business days prior to the Planning 91 Board meeting date. A schedule of adopted Planning Board meeting dates and 92 the application deadlines shall be available at the Planning Department. Any 93 additional information, documents, etc. submitted after the application deadline 94 must be submitted no later than 10 business days prior to the Planning Board 95 meeting date to be included in the Planning Board agenda package. Additional 96 information and documents may be submitted during the public hearings; 97 however, as much information should be included with the application as 98 possible to demonstrate that the four required conclusions for approval can be 99 met. 100 101 (2) Applications for a Special Use Permit shall include the following to be considered 02 a complete application: 03 (A) Completed and signed application form for a Special Use Permit 04 (B) Traffic Impact Worksheet 05 (C) Traffic Impact Analysis (only applicable for development proposals that 06 exceed 100 peak hour trip generation) 107 (D) Site Plan, including: 08 1. Tract boundaries and total area, location of adjoining parcels and 09 roads. 110 2. Proposed use of land, structures and other improvements. For 111 residential uses, this shall include number, height and type of 112 units and area to be occupied by each structure and /or 113 subdivided boundaries. For non - residential structures, this shall 14 include approximate square footage and height of each 115 structure, an outline of the area it will occupy and the specific 16 purpose for which it will be used. 17 3. Development schedule including proposed phasing. 18 4. Traffic and Parking Plan to include a statement of impact 19 concerning local traffic near the tract, proposed right -of -way 120 dedication, plans for access to and from the tract, location, width A-425,(09/16) Page 4 of 17 Board of Commissioners - March 6, 2017 ITEM: 5 - 3 - 4 121 and right -of -way for internal streets and location, arrangement 122 and access provision for parking areas. 123 5. All existing and proposed easements, reservations, required 124 setbacks, rights -of -way, buffering and signage. 125 6. The one hundred (100) year floodplain line, if applicable. 126 7. Location and sizing of trees required to be protected under 127 Section 62 of the Zoning Ordinance. 128 8. The approximate location of US Army Corps of Engineers Clean 129 Water Act Section 404 and Rivers and Harbors Act Section 10 130 Wetlands, and wetlands under jurisdiction of the NC Department 131 of Environmental Quality. 132 9. Any additional conditions and requirements, which represent 133 greater restrictions on development and use of the tract than the 134 corresponding General Use District regulations or other 135 limitations on land which may be regulated by Federal or State 136 law or Local Ordinance. 137 10. Any other information that will facilitate review of the proposed 138 change (Ref. Article VII, as applicable). 139 140 (E) A written description of proposal depicting the nature and scope of the 141 proposed development, as well as information which provides support 42 r ea2h tie required conclusions identified in Section 70 -7. 143 (F) At the discretion of the petitioner, supplemental information, plans, 144 and /or documents that the petitioner intends to use to demonstrate at 145 the public hearing that the conclusions required for approval in Section 146 70 -7 are met. 147 (G) Authority for Appointment of Agent Form (only applicable if the petition 148 for Special Use Permit is submitted by an agent for the property 149 owner(s)). 150 (H) Application fee based on the adopted fee schedule_ 151 (1) Community information meeting report for community information 152 meeting per Section 111 -2.1 (only for uses classified as Intensive 153 Manufacturing). 154 (J) For proposed uses in the Intensive Manufacturing category only, the 155 applicant shall identify, in the application, any local, state, or federal 156 permit (other than the special use permit being sought in the application) 157 which the applicant reasonably believes at the time of submitting the 158 application will be required to be obtained before the applicant may 159 legally engage in the proposed use. The applicant's identification of 160 permits shall include, but shall not be limited to, as applicable, permits 161 pertaining to air quality, water quality, wetlands, endangered species, 162 and groundwater. For purposes of this section, the requirement that the .63 applicant identify any "permit" for "groundwater" shall include any 64 requirement that the applicant report to or notify any local, state, or A-425,(09/16) Page 5 of 17 Board of Commissioners - March 6, 2017 ITEM: 5 - 3 - 5 165 federal agency of groundwater and /or aquifer withdrawals pursuant to 66 applicable local, state, or federal law. 167 68 (3) Specific requirements of application requirements may be waived by the 69 respective reviewer, planning director, or planning board, where it is determined 70 that the required information is not applicable to the subject request. 71 72 173 174 70 -3: Process: 175 76 (1) In order to assist applicants through the process for obtaining a Special Use 177 Permit, applicants may request a pre - application conference with NHC planning 178 staff prior to application submittal. 179 80 (2) The Planning Director or their designee shall review application packages and 181 respond to the petitioner as soon as possible but at most within 5 business days 182 following the application submission to notify the petitioner in writing including 83 regular mail or e-mail of any omissions to the requirements under Section 70 -2(2) 184 that render the application incomplete. This review for completeness is to ensure 185 that each of the applicable documents have been submitted as part of the 86 application, and not to verify or substantiate the information provided within the 87 application package. 188 189 (3) Applications with no omissions to the requirements under Section 70 -2(2) shall 190 be deemed complete and be calendared for a public hearing at the next 191 scheduled Planning Board meeting satisfying the application requirements. The 192 Planning Director or their designee shall respond to the petitioner as soon as 193 possible but at most within 5 business days following the application submission 194 in writing including regular mail or e-mail to notify them that the application was 195 deemed complete and confirm the date of the Planning Board meeting at which 196 the public hearing will be held. 197 198 (4) Within 10 business days following an application deadline, complete applications 199 for special use permit petitions shall be posted on the Planning Department web 200 page ( www. planningdevelopment.nhcgov.com) in addition to the date, time, and 201 location of the Planning Board meeting at which the public hearing will be 202 calendared. Notification of the posting of the special use permit application(s) 203 and meeting information shall also be sent to the Sunshine List. Any additional 204 information received from the petitioner after the application deadline shall also 205 be posted on the web page. 206 207 (5) In preparation for the public hearing at the Planning Board for a petition for a 208 special use permit, the Planning Director or their designee shall analyze the 209 information and materials provided in the application package to provide a A-425,(09/16) Page 6 of 17 Board of Commissioners - March 6, 2017 ITEM: 5 - 3 - 6 210 summary of the request and preliminary findings of fact in the form of a report 211 to be included in the agenda package for the Planning Board meeting. The intent 212 of the report is to inform the Planning Board of whether the Conclusions Required 213 for Approval in Section 71 -4 have been met or to identify, from staff's 214 perspective, issues or areas that the Planning Board may need more information 215 on in order to provide a recommendation to the Board of County Commissioners 216 whether each of the required conclusions in Section 70 -7 have been met. The 217 staff analysis report shall be published by the Clerk to the Planning Board as part 218 of the agenda package for the Planning Board meeting. 219 220 (6) In preparation for the public hearing at the Board of County Commissioners for a 221 petition for a special use permit, the Planning Director or their designee shall 222 prepare a report summarizing the Special Use Permit request, the information 223 and materials provided in the application package and presented at the Planning 224 Board public hearing(s), the Planning Board's recommendations, and preliminary 225 findings of fact. The intent of the report is to inform the Board of County 226 Commissioners of whether the Conclusions Required for Approval in Section 71- 227 4 have been met or to identify, from staffs perspective, issues or areas that the 228 Board of County Commissioners may need more information on in order to reach 229 a required conclusion. The staff analysis report shall be published by the Clerk to 230 the Board of County Commissioners as part of the agenda package for the County 231 Commissioners meeting. 232 �33 70 -4: Public Notice 234 35 (1) Public notice for a petition for a special use permit shall be disseminated per 36 Section 112.1 of the Zoning Ordinance. 237 138 70 -5: Public Hearings 239 240 (1) A public hearing at the Planning Board for the special use permit application shall 241 be calendared per Section 70 -3(3). 242 243 (2) The public hearing for the special use permit application at the Planning Board 244 shall be held in a quasi - judicial format. At the hearing, the Planning Board hears 245 factual evidence presented at an evidentiary hearing, then makes 246 recommendations for findings of fact supported by competent, substantial, and 247 material evidence. Based on those recommended findings, the Planning Board 248 may render a recommendation to the County Commissioners on whether each of 249 the required conclusions specified in Section 70 -7 can be reached. 250 A-425,(09/16) Page 7 of 17 Board of Commissioners - March 6, 2017 ITEM: 5 - 3 - 7 251 (3) The applicant may be required by the Planning Board or Board of Commissioners 252 to provide additional information to demonstrate that the four required 253 conclusions have been met. 254 255 (4) The Planning Board may continue the hearing to a later meeting to accommodate 256 the presentation of additional testimony or evidence. If the time and place of the 257 continued hearing is announced in open session during the hearing, no further 258 notice need be given for the continued hearing. 259 260 (5) A public hearing at the Board of County Commissioners shall be calendared 261 following the public hearing at which the Planning Board makes a 262 recommendation. 263 264 (6) The public hearing for the special use permit application at the Board of County 265 Commissioners shall held in a quasi - judicial format. At the hearing, the Board 266 hears factual evidence presented at an evidentiary hearing, then makes findings 267 of fact supported by competent, substantial, and material evidence. Based on 268 those findings, the Board of County Commissioners decides whether or not it can 269 reach each of the required conclusions specified in Section 70 -7 below. 270 271 (7) The Board of County Commissioners may continue the hearing to a later meeting 272 to accommodate the presentation of additional testimony or evidence. If the time 273 and place of the continued hearing is announced in open session during the 274 hearing, no further notice need be given for the continued hearing. �75 276 k,77 (1) The applicant bears the burden of presenting sufficient evidence in support of the 278 application to allow the Board of County Commissioners, after weighing such 279 evidence against that presented in opposition to the application, to make findings 280 of fact that reasonably support each of the required conclusions outlined in 281 Section 70 -7 as well as any applicable specific standards for the proposed use as 282 required by Section 72. If that burden is met, the Board of County Commissioners 283 must approve the application. If that burden is not met, the Board of County 284 Commissioners must deny the application, provided that if the Board of County 285 Commissioners determines that specific minor changes or additions to, or 286 restrictions on, the proposed development are necessary and sufficient to 287 overcome impediments to its reaching the required conclusions, it may approve 288 the application subject to reasonable conditions requiring such changes or A-425,(09/16) Page 8 of 17 Board of Commissioners - March 6, 2017 ITEM: 5 - 3 - 8 289 additions or imposing such restrictions. Such conditions may include time limits p0 for completion of development or for the start or end of certain uses or activities. 291 92 (2) A motion to approve the application must state the required conclusions and 93 include findings of fact on which the conclusions are based, plus any proposed 94 conditions of approval. The favorable vote of a majority of Board of County 95 Commissioners members present is necessary to pass such a motion. A motion to 96 deny the application must state which of the required conclusions cannot be 97 reached and include findings of fact on which the inability to reach the 98 conclusions is based. The favorable vote of a majority of Board of County 99 Commissioners members present is necessary to pass such a motion. If a motion 00 to approve the application fails, the application is deemed denied, and those 01 members voting against the motion must state which of the required conclusions 02 they could not reach as well as findings of fact on which their inability to reach 03 the conclusions is based. 304 05 (3) (Every decision by the Board of Commissioners issuing or denying a special use 06 permit shall be subject to review by the Superior Court by proceedings in the 07 nature of certiorari. Any petition for review by the Superior Court shall be filed 08 with the Clerk of Superior Court within 30 days after the decision of the Board is 09 filed in the Office of the Clerk to the Board, or after a written copy thereof is 10 delivered to every aggrieved party who has filed a written request for such copy 11 with the Clerk or Chairman of the Board at the time of the hearing of the case, 12 whichever Is later.] [AS2]: From existing Section 71 -1(6) 313 Formatted: Font: (Default) Calibri 314 70 -7: Conclusions Required for Approval -The Board of County Commissioners shall approve 315 an application for a special use permit if it reaches each of the following conclusions based on 316 findings of fact supported by competent, substantial, and material evidence presented at the 317 hearing. 318 319 (1) �he use will not materially endanger the public health or safety if located where 320 proposed and approved.) _,..,- (Commented [ AB3] : From existing Section 71- 1(3)(a) 321 (2) �he use meets all required conditions and specifications of the Zoning Ordinance;) , - -- Commented [AB4]: From existing Section 71- 1(3)(b) 322 (3) �he use will not substantially injure the value of adjoining or abutting property, 323 or that the use is a public necessity. , .- - Commented [ABS]: From existing Section 71- 1(3)(c) �24 325 Section 71: Validity, Extensions, and Changes for Approved Special Use Permits; Resubmittals of Denied - Formatted: Font: �26 27 Applications 328 �29 71 -1: Validity and Extensions of Approved Special Use Permits: 330 31 (1) special use permit, issued by the Board of County Commissioners, shall become 32 null and void if construction or occupancy of the proposed use as specified on the 33 special use permit is not commenced within twenty -four (24) months of the date A-425,(09/16) Page 9 of 17 Board of Commissioners - March 6, 2017 ITEM: 5 - 3 - 9 of issuance. If an extension is desired, a request must be submitted in writing to the New Hanover County Planning Department prior to the expiration. Extensions may be granted in accordance with Section 112 -6 of the Ordinance. L,- Commented [AB7]: From existing Section 714(4) Formatted: Font: (2) In the event of failure to comply with the plans approved by the Board of County Commissioners or with any other conditions imposed upon the special use permit, the permit shall thereupon immediately become void and of no effect. No building permits for further construction or certificates of occupancy under this special use permit shall be issued, and all completed structures shall be regarded as non - conforming uses subject to the provisions of Article IV of this Ordinance provided, however, that the Board of County Commissioners shall not be prevented from thereafter rezoning said property for its most appropriate use.L . — Commented [ABB]: From existing Section7l4(6 Formatted: Font: 71 -2 Changes to Approved Special Use Permits: (1) �he original applicant(s), their successors or their assignee may make minor changes in the location and /or size of structures provided the necessity for these changes is clearly demonstrated. Minor changes shall be reviewed by the Planning Department and upon favorable recommendation by the Planning Director may be approved by the Zoning Administrator. Such approval shall not be granted should the proposed revisions cause or contribute to: (A) A change in the character of the development. (B) A change of design for, or an increase in the hazards to pedestrian and vehicle traffic circulation, or (C) A modification in the originally approved setbacks from roads and /or property lines exceeding ten percent.) 71 -3 Resubmittals: (1) An application for a special use which has been previously denied may be resubmitted only if there has been a change in circumstances as determined by the Planning Director or the director's designee. Evidence presented in support of the new application shall initially be limited to what is necessary to enable the Planning Director to determine whether there has been a substantial change in the facts, evidence, or conditions of the case and shall include: Commented [AB9]: From existing Section 71 -1(9) Formatted: Font: (A) Circumstances affecting the property that is the subject of the application which have substantially changed since the denial; or (B) New information available since the denial that could not with reasonable diligence have been presented at a previous hearing. If the Planning Director deems the evidence substantially changed, the proposal may be resubmitted as a new application. Appeal of the Planning Director's decision may be made to the Board of County Commissioners.) Commented [ABio]: From existing section 71 -1(10) A-425,(09/16) Page 10 of 17 Board of Commissioners - March 6, 2017 ITEM: 5 - 3 - 10 379 380 081 382 083 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 404 405 406 07 08 09 10 11 12 13 414 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. ARTICLE XI: AMENDMENTS 111 -2.1: Required community information meeting before consideration Before an application will be accepted as complete for a zoning amendment or special use permit for proposals involving Planned Development, Riverfront Mixed Use District, Conditional Use Zoning District, Conditional Zoning District, et Exceptional Design Zoning District, (11/13/12) or special use permits for uses classified as intensive manufacturing the petitioner must include a written report of at least one (1) community information meeting held by the petitioner. The community meeting shall be held prior to submission of the application for map amendment, but after a pre - application conference with Planning & Inspections staff. (11/13/12) for projects that require a pre - application conference. The primary purpose of the community meeting is to explain the upcoming proposal and field questions from people in the surrounding area. The applicant shall provide written notice by mail or other agreed upon measure at least ten days prior to the date of the neighborhood meeting. Notice shall be provided to each owner of record of land and any current tenants within 500 feet of and on the property for which development approvals are sought. Notice shall also be provided to (11/13/12) organizations entitled to notice based on a standing written request on file with the Clerk to the Planning Board ( "Sunshine List"). The meeting should focus on information exchange between an applicant and the specific invitees but should be open to the general public as well. The report shall include, at a minimum the following: (1) A list of those that were not able to be contacted and reason(s) why contact was not successful (2) Date, time and location of the meeting; (3) Roster of the persons in attendance at the meeting; (4) Summary of issues discussed at the meeting; and (5) Description of any changes or adjustments to the rezoning petition made by the petitioner as a result of the community meeting. A-425,(09/16) Page 11 of 17 Board of Commissioners - March 6, 2017 ITEM: 5 - 3 - 11 415 In the event the petitioner has not held at least one (1) meeting pursuant to this (Formatted: Font: 416 subsection, the petitioner shall file a report documenting efforts that were made to Formatted: Font: 417 arrange such a meeting and stating the reasons such a meeting was not held. The Formatted: Font: 418 adequacy of a meeting held or report filed pursuant to this section shall be considered by Formatted: Font: 419 the Planning Board in its decision and by the County Commissioners, as appropriate but Table 420 shall not be subject to judicial review. (9/07) fFormatted l Formatted: Font: Note: The Table of Permitted Uses (TOPU) is proposed to be revised to remove the two broad use listings for Limited and General Manufacturing and replace them with use listings based on the NAICS coding system. ho ;egl P.n +ti,. ,.ti,.. y .. lbele ., The stGrt:.,, •.,+ -er thi,; toWp , +ti„ ver-sien 4 the .,.,.r �.. +,,.,� ;,,,, .,.,f,.� +,,.;.,.. +,. ;F:� ,.� ,.�,a �,...,,�..,..,,r:..,. non �i•c �,.,a„� Intensive Manufacturing now becomes a category under which uses are listed. Five uses that exist currently in the TOPU, 1 Section 50: Establishment of Use District 2 Table of Permitted Uses Uses Man #facturing rtis n Manufacturing ,Animal Food Manufacturing Grain and Oilseed Milling Sugai and Confectionery Product Manufacturing Fruit and Vegetable Preserving and Specialty Food Manufacturing Dairy Product Manufacturing Seaf ad Product Preparation and Pack ging Bake ies and Tortilla Manufacturing Othe Food Manufacturing Beve age Manufacturing Fiber Yarn, and Thread Mills Fabri Mills Textile and Fabric Finishing and Fabric Coating Mills Texti a Furnishings Mills Othe Textile Product Mills Appa el Knitting Mills Cut aid Sew Apparel Manufacturing A-425,(09/16) R R R R R B PD 20S 20 15 10 7 1 P P P Formatted: Font: Formatted: Font: Formatted: Font: Formatted: Font: Formatted: Font: F.rmatt.d- Fort. L Formatted: Font: Formatted: Font: Formatted: Font: Formatted: Font: Formatted: Font: F O Formatted: Font: B I 1 & A A S R M 55upp N Formatted: Font: 2 1 2 1 R I C A U Regs, Formatted: Font: Formatted: Font: Formatted: Font: P P P P P Formatted: Font: S P P P Formatted: Font: S P P P �j Formatted: Font: Formatted: Font: S P P P a, Formatted: Font: d: Font: S P P P d: Font: S P P P d: Font: d: Font: S P P P S P P Pd: Font: fiatt d: Font: d: Font: S P P P S P P P S P S d: Font: S P S ed: Font: ont: S P S ont: S P S Font: S P S jFWormatted: Font: S P S ont: P P Font: For matted: Font: Page 12 of 17 Board of Commissioners - March 6, 2017 ITEM: 5 -3-12 Formatted Formatted Formatted Formatted Per fitted Uses PD R 20S R 20 R 15 R 10 R B B I I& O A A S R R Supp' Formatted Formatted F M Formatted N Formatted 7 1 2 1 2 1 R I C A U Regs-' Formatted Appa el Accessories and Other Apparel Manufacturing P P P Foot ear Manufacturing P P P Othe Leather and Allied Product Manufacturing P P P oFormatted Vene r, Plywood, and Engineered Wood Product Manufacturing S P P Print Activ ng and Related Support ties P S P P p Formatted Formatted Pharinaceutical and Medicine Manufacturing P P P Formatted Formatted Cutle and Handtool Manufacturing P S P P P Formatted Arch' ectural and Structural Metals Manufacturing S P S Formatted " Formatted Bole , Tank, and Shipping Container Manufacturing S P S Formatted Hard are Manufacturing P S P P P Formatted Formatted Sprin Man and Wire Product facturing P S P P P Formatted Othe Fabricated Metal Product Manufacturing S P S Formatted Formatted Agric Mining Iture, Construction, and Machinery Manufacturing P S P P P Formatted Formatted Industrial Machinery Manufacturing P S P P P Formatted Commercial Mac and Service Industry inery Manufacturing P S P P P Formatted Formatted Vent' Cond Refrigeration Man ation, Heating, Air tioning, and Commercial Equipment facturing P S P P P Formatted Formatted Formatted Meta Man working Machinery facturing P S P P P Formatted Formatted Engi Transmission Man e, Turbine, and Power Equipment facturing P S P P P d d d Othe Man General Purpose Machinery facturing P S P P P ed Com Man uter and Peripheral Equipment facturing P S P P p ed it ed Com Man unications Equipment facturing P S P P P ed ed I Formatted (� A-425,(09/16) Page 13 of 17 Formatted Board of Commissioners - March 6, 2017 ITEM: 5 -3-13 Per itted Uses PD R 20S R 20 R 15 R 10 R B B I I O & A A S R R — Formatted: Font: F M Supp �N Formatted: Font: 7 1 2 1 2 1 R I C A U Regs- Formatted: Font: Audia Manufacturing and Video Equipment P S P P P Formatted: Font: Formatted Table Semiconductor Component and Other Electronic Manufacturing P S P P P Formatted: Font: NaviE Electi Instr ational, Measuring, omedical, and Control ments Manufacturing P S P P P Formatted: Font: 3 Formatted: Font: Formatted: Font: Man Magr facturing and Reproducing etic and Optical Media P S P P P Formatted: Font: Formatted: Font: Electi Man is Lighting Equipment facturing P S P P P Formatted: Font: Formatted: Font: Hous hold Appliance Manufacturing P S P P P Formatted: Font: Elect ical Equipment Manufacturing P S P P P � Formatted: Font: Othe Com Electrical Equipment and onent Manufacturing P S P P P Formatted: Font: Mot r Vehicle Manufacturing S P S Formatted: Font: Motor Vehicle Body and Trailer Manufacturing S P S Formatted: Font: Formatted: Font: Motor Vehicle Parts Manufacturing S P P Formatted: Font: Aerospace Product and Parts Manufacturing S P P 3 Formatted: Font: Formatted: Font: Railroad Rolling Stock Manufacturing S P P 3 Formatted: Font: Ship and Boat Building S P P Formatted: Font: Other Transportation Equipment Manufacturing S P P Formatted: Font: Formatted: Font: Medical Equipment and Supplies Manufacturing P P P Formatted: Font: Other Miscellaneous Manufacturing P S P P P Formatted: Font: Household and Institutional Furniture and Kitchen Cabinet Manufacturing P S P P P Formatted: Font: Formatted: Font: 3372 3379 3122 3161 3211 3219 3222 Office Furniture (including Fixtures) Manufacturing P S P P P Other Furniture Related Product Man. P S P P P Tobacco Manufacturing S P Leather and Hide Tanning and Finishing S P Sawmills and Wood Preservation S P Other Wood Product Manufacturing S P Converted Paper Product Manufacturing S P A-425,(09/16) Page 14 of 17 Board of Commissioners - March 6, 2017 ITEM: 5 -3-14 A-425,(09/16) Page 15 of 17 Board of Commissioners - March 6, 2017 ITEM: 5 -3-15 :ed: Font: :ed: Font: :ad: Font: :ed: Font: :ed Table R — Format F O R R R R R B B I I & A A S R M Supp ., -Id Format Permitted Use PD 205 20 15 10 7 1 2 1 2 1 R I C A U Regs- Format Basic Chemical Manufacturing S P Format Resin, Synthetic Rubber, and Artificial Synthetic Fibers and Format Filaments Manufacturing S P Paint, Coating, and Adhesive 3255 Manufacturing S P Soap, Cleaning Compound, and 3256 Toilet Preparation Manufacturing S P Other Chemical Product and 3259 Preparation Manufacturing [Except: Explosives Manufacturing (NAICS 325920) and All Other Miscellaneous Chemical Product and Preparation Manufacturing (NAICS 325998)] S P Plastics Product Manufacturing S P S 3261 Rubber Product Manufacturing S P 3262 Clay Product and Refractory 3271 Manufacturing S P Glass and Glass Product 3272 Manufacturing S P Cement and Concrete Product 3273 Manufacturing [Except: Cement Manufacturing (NAICS 32731)] S P Other Nonmetallic Mineral Product 3279 Manufacturing S P Iron and Steel Mills and Ferroalloy 3311 Manufacturing S P Steel Product Manufacturing from 3312 Purchased Steel S P Alumina and Aluminum Production 3313 and Processing [Except: Alumina Refining and Primary Aluminum Production (NAICS 331313) and Secondary Smelting and Alloying of Aluminum (NAICS 331314)] S P Nonferrous Metal (except -T 3314 Aluminum) Production & Processing S P A-425,(09/16) Page 15 of 17 Board of Commissioners - March 6, 2017 ITEM: 5 -3-15 :ed: Font: :ed: Font: :ad: Font: :ed: Font: :ed Table Per fitted Uses PD R 205 R 20 R 15 R 10 R B B I I O & A A S R R — Formatted: Font: ,; Format4Table F M Supp 7 1 2 1 2 1 R I C A U Regs- ; Format Forgi g and Stamping S P Format Coating, Engraving, Heat Treating, and Allied Activities S P Format Machine Shops; Turned Product; and Screw, Nut, and Bolt Manufacturing S P 3327 Intensive f- Formatted Table Manufacturing Animal Slaughtering and Processing S 3116 Pulp, Paper, and Paperboard Mills S 3221 Petroleum and Coal Products Manufacturing S 3241 Pesticide, Fertilizer, and Other Agricultural Chemical Manufacturing S 3253 Explosives Manufacturing S 325920 All Other Miscellaneous Chemical Product and Preparation Manufacturing S 325998 Cement Manufacturing S 32731 Lime and Gypsum Product Manufacturing S 3274 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 5 Sanitary Landfill S 72 -13 562212 Mining & Quarrying (Low Intensity) S 5 72 -42 21 Mining & Quarrying (High Intensity) S 72 -42 21 �}23 A-425,(09/16) Page 16 of 17 Board of Commissioners - March 6, 2017 ITEM: 5 -3-16 PLANING BOARD ACTION: At their February 2, 2017 meeting, the Planning Board recommended approval (6 -1), finding that the text amendment is: 1. Consistent with the purposes and intent of the 2016 Comprehensive Plan because it implements Goal I: Support Business Success by streamlining the permitting process for targeted industries and encouraging target industries in Employment Centers, Commerce Zones, and Growth Nodes. 2. Reasonable and in the public interest because the amendment adds clarity to the county's special use permit process and the table of permitted uses, providing for orderly growth in the county. 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 for 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 for denial of the amendment request based on specific reasons STAFF RECOMMENDATION Staff recommends approval as stated in the Planning Board's action. Staff concurs with the Planning Board's statements that the application is consistent with the Comprehensive Plan and is reasonable and in the public interest. Staff Suggested Motion: Motion to approve, affirming the Planning Board's statements that the amendment is consistent with the Comprehensive Plan and is reasonable and in the public interest. A -425, (09/16) Page 17 of 17 Board of Commissioners - March 6, 2017 ITEM: 5 -3-17